CHAPTER 19.-COURTS-SUPREME AND DISTRICT. COURT OF IMPEACHMENT. SECTION 1. [Impeachments.]—All impeachments of state officers shall be tried before the supreme court, except the impeachment of any judge of said court, and the impeachment of a judge of the supreme court shall be tried before all the district judges of the state. [1879, 82.] SEC. 2. [Powers.]-A court of impeachment shall have power to proceed with a trial only when two-thirds of all the members thereof are in attendance, but any less number shall have power to adjourn to any reasonable time. SEC. 3. [Rules.]-A court of impeachment shall make such rules and orders as in its discretion shall be best adapted to a full, fair, and impartial investigation of the charges made and to the promotion of substantial justice. SEC. 4. [Clerk and reporter.]—The clerk of the supreme court shall act as the clerk of the court of impeachment, and the court may appoint a short-hand reporter, and such officers shall each receive such an allowance as the court of impeachment may authorize to be by them reported for the consideration of the legislature at its next session. SEC. 5. [Order of business.]-Whenever the court of impeachment in any way interferes with the business of any other court or county of the state, that of the court of impeachment shall take precedence. SEC. 6. [Presiding judge.]-When the court of impeachment is composed of the district judges of the state they shall elect one of their number to act as the presiding judge of said court; in all other cases the chief justice shall preside, and the clerk of said court shall keep a full record of each day's proceedings, in a book to be specially provided for that purpose, and of which book the clerk of the supreme court shall always be the custodian, and each day's proceedings shall be signed by the judge presiding. SEC. 7. [Opinions.]—The written opinions of any court of impeachment shall be reported in the volume of supreme court reports issued after the adjournments of said court. SEC. 8. [How tried.]-An impeachment of any state officer shall be tried, notwithstanding such officer may have resigned his office, or his term of office has expired; and if the accused person be found guilty, judgment of removal from office, or disqualifying such officer from holding or enjoying any office of honor, profit, or trust in the state, or both, may be rendered as in other cases. SEC. 9. [Same.]-An impeachment against any state officer shall be tried, and judgment of removal from office, or of disqualification to hold office, may be rendered, notwithstanding the offense for which said officer is tried occurred during a term of office immediately preceding. SUPREME COURT. SEC. 10. [How constituted.]-The supreme court shall consist of three judges, a majority of whom shall be necessary to constitute a quorum or pronounce a decision. SEC. 11. [Chief justice.]—The judge of the supreme court having the shortest term to serve, not holding his office by appointment or election to fill a vacancy, shall be the chief justice, and as such shall preside at all terms of the supreme court; and in case of his absence, the judge having in like manner the next shortest term to serve shall preside in his stead. CHAP. 19, SECS. 1-49. "An act to amend chapter 13 of the Revised Statutes of 1866, entitled "Courts." Laws 4879, 82. Took effect March 1, 1879. SEC. 12. [Eligibility.]—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 elec tion; 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. SEC. 13. [Jurisdiction.]—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. [Const., Art. VI., § 2.] SEC. 14. [Terms.]-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. [Amended 1889, chap. 46.] SEC. 15. [Special terms.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 disposing 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. SEC. 16. [Quorum.]—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 a like proceeding 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. SEC. 17. [Reporter. 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 capitol, shall be the custodian of the seal of said court, performing 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. SEC. 18. [Opinions.]-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. 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 herein before provided for. SEC. 13. Supreme court has no jurisdiction to try a case at law de novo which has been brought to it by appeal. 2 Neb. 17. Has no jurisdiction as a court of equity in an original action to vacate a judgment and grant a new al in a criminal proseention. 25 Neb. 347. As to proceedings in exercise of original jurisdiction, see chap. 71. Further questions relative to jurisdiction, see note to sec. 582, civil code. Also to sec. 2, art. VI., const. Judge cannot hear habeas corpus case. 33 Id., 812. Can appoint receiver to wind up affairs of bank. 28 Neb., 78.. SEC. 19. Duty of reporter in publication of reports. 15 Neb.. 696. SEO. 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. SEC. 22 a. [Stenographers.]-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. [1887, chap. 32.] SEC. 22 b. [Duties.]—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. [Id. § 2.] SEC. 22 c. [Pay.]-Each stenographer or clerk shall receive compensation at the rate of four ($4.00) dollars per day while actually employed, payable from the treasury, out of the general fund. [Id. § 3.] SEC. 22 d. [Same. 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 pre sentation of the proper vouchers, approved by the judges of the supreme court, for the amounts named therein. SEC. 22 e. [Commissioners, appointment.]-The supreme court of the state. immediately upon the taking effect of this act, shall appoint three persons, no two of whom shall be adherents to the same political party, and who shall have attained the age of thirty years and are citizens of the United States and of this state and regularly admitted attorneys at law in this state, and in good standing of the bar thereof, as commissioners of the supreme court. [1893, chap. 16, § 1.] SEC. 22 f. [Same, duties.]—It shall be the duty of said commissioners, under such rules and regulations as the supreme court may adopt, to aid and assist the court in the performance of its duties in the disposition of the numerous cases now pending in said court, or that shall be brought into said court during the term of office of such commissioners. [Id., § 2.] SEC. 22 g. [Same, term, salary, oath, vacancy.]-The said commissioners shall hold office for the period of three years from and after their appointment, during which time they shall not engage in the practice of the law. They shall each receive a salary equal to the salary of a judge of the supreme court, payable at the same time and in the same manner as salaries of the judges of the supreme court are paid. Before entering upon the discharge of their duties they shall each take the oaths provided for in section one (1) or article fourteen (14) of the constitution of this state. All vacancies in this commission shall be filed in like manner as the original appointment. [Id., § 3.] DISTRICT COURT. 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 court 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. 22 a-d. "An act to provide for stenographers, or clerks for the judges of the supreme court, to define their duties, and provide for their salaries." Laws 1687. chap. 32. Took effect July 1, 1887. SEC. 22 e-g. "An act authorizing the appointment of supreme court commissioners and defining their duties." Laws 1893, chap. 16. Passed and took effect March 9, 1893. SEC. 24. 4 Neb., 94. Jurisdiction not limited to statutory provisions. 27 Neb., 277. 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. 6 Neb., 163. Jurisdiction over lands of United States ceded. Sec. 5, chap. 83, art. XIII. 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 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. 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 ac cording 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 terin, 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 adminisSEC. 26. Granting temporary injunction. 7 Neb., 386. Holding courts for each other. 14 Neb., 539. Contrary rulings in same case by different judges. 31 16., 774. SEC. 27. Entries on journal. 2 Neb., 64. Approved entry is evidence of judgment. 9 Id., 76. May be amended. 6 Id., 281. 9 Id., 220. 2 Id, 139. Failure of judge to sign does not invalidate judgment. 15 Id., 179. Supreme court has no jurisdiction or authority to exercise the functions of the district court in the matter of the preparation of the records of said court. 25 Neb., 224. See also dissenting opinion of Reese, Ch. J. 25 Neb., 796. SEC. 31. Reasons for adjournment not subject to review. 4 Neb., 285. Operates as continuance of cause 14 Neb., 505. Adjournment to Thanksgiving day, held, a nullity. 14 Id., 546. next term. to ter 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. 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 and holiday.]-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. 2nd. To receive a verdict or discharge a jury. 3rd. To exercise the powers of a single magistrate in a criminal proceeding. 4th. To grant or refuse a temporary injunction or restraining order. [Amended 1889, chap. 32.] 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. Discharg ing 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. 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 districts. The clerk of the supreme court shall, before the first day of Jauuary 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 SEC. 38. Where verdict in justice court is received on Sunday, it is the duty of the justice to render judgment immediately upon receipt of the verdict. 13 Neb. 288. Adjournment of court to and opening of it on Thanksgiv ing day, no step in the case being taken on that day, is no cause for a new trial. 14 Neb. 546. Property cannot be seized by replevin on Sunday. 16 Neb. 653. An order made by county court on a legal holiday continuing a ease to the subsequent term, held, to be a nullity. 17 Neb. 700. Where cause is continued to a day on which the art is prohibited from transacting business, continuance will extend to the first day thereafter on which it en legally transact business. 23 Neb., 546. Order allowing attachment on debt not due made on holiday, void. 54 N. W. R., 258. But see sec. 57. SEC. 39. Mandamus cannot be issued in vacation. 10 Neb., 476. |