town, and to certify to him the amount of indebtedness of such town outstanding at the time of such discontinuance, and the board of county commissioners shall have full and complete power to settle all the unfinished business of the towns as fully as might have been done by the town itself, and dispose of any and all property be longing to such towns, the proceeds of which, after paying all indebtedness, shall be disposed of by the board of county commissioners of such county for the benefit of the taxable inhabitants thereof, by their crediting all unexpended balances of said towns to such fund or funds as they in their discretion shall deem for the best interest of such county, and it shall be their duty, at such time as shall be provided by law, to levy a tax upon the taxable property of such towns, to pay any unliquidated indebtedness it may have outstanding.

CHAPTER 19.-COURTS-SUPREME AND DISTRICT.

COURT OF IMPEACHMENT.

2387 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.]

2388 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.

2389 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.

2390 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 shorthand 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 legis lature at its next session.

2391 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.

2392 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.

2393 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.

2394 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.

2395 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.

2396 SEC. 10. [How constituted.] The supreme court shall consist of three judges, a majority of whom shall be necessary to constitute a quorum or pro

nounce a decision.

2397 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 CHAP. 19, SECS. 1-49. "An act to amend chapter 13 of the Revised Statutes of 1866, entitled 'Courts.'"' 1879, 82. Took effect March 1, 1879.

SECE. 8, 9. Civil officers can be impeached only while in office, but may be tried afterwards. 87 Neb, 80.

Laws

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.

2398 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 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. 2399 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.]

2400 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.]

2401 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.

2402 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.

2403 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.

2404 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.

2405 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 a sufficient material is accumulated to form a volume of not less than nine hundred pages, he shall cause the same to be printed, stereotyped, and bound in a good and substantial manner, equal to volume fifty 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

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 trial in a criminal prosecution. 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.. 73. Answering questions of state officers. 37 Id., 432. Jurisdiction in original cases, how entertained. See notes to chap. 71. Has jurisdiction to review judgment by district court without jurisdiction of subject matter. Armstrong v. Mayer, July 12, 1900. SEC. 19. Duty of reporter in publication of reports. Emoluments of office; clerical assistance. 15 Neb., 696.

warrant in payment thereof. 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. [Amended 1901, chap. 24.]

2406 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; to the law library of the state university of Nebraska, five copies; and to the library of congress, two copies. The reporter shall be permitted to distribute such number of copies as he sees fit, not exceeding ten volumes, 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 one dollar and twenty-five cents per volume. Provided, That the clerk is authorized to sell any of the volumes on hand from volume one to volume fifty-eight inclusive at one dollar per volume. Provided, further, That he shall not reduce the number of volumes of any one report on hand to a less number than thirty at that price. 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 state library. The accounts for such purchases shall be audited and paid as other accounts against the state are audited and paid, warrants therefore 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. [Id., § 2.]

2407 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 one dollar per Volume. [Id., § 3.]

2408 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.

2409 SEC. 22a. [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.]

2410 SEC. 226. [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.]

2411 SEC. 22c. [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.]

2412 SEC. 22d. [Same.] For carrying into effect the provisions of this act,

SEC. 20. Reports distributed belong to officer, not individual. Clifford v Hall Co., Sept. 19, 1900.

SECS. 22a-22d.

"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, 1887, chap. 32. Took effect July 1, 1887.

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.

2413 SEC. 22e. [Commissioners, appointment-Stenographers.] The Supreme Court of this State, is hereby authorized to appoint by the unanimous vote and order of the Judges of said Court, nine (9) Commissioners of said Court and such stenographers as the Court may, from time to time, deem necessary for the aid of such Commissioners. [1901, chap. 25.]

2414 SEC. 22f. [Same, qualifications.] No person shall be appointed as such Commissioner who is not a practicing lawyer in good standing, possessing the qualifications required for the office of Judge of the Supreme Court of this State, and none of said Commissioners shalì practice law while holding such position. [Id., § 2.]

2415 SEC. 22g. [Same, term.] Each of said Commissioners and stenographers shall hold his position for the period of two years from and after his appointment, unless his appointment be withdrawn by the Supreme Court by the unanimous vote and order of the Judges thereof, before the expiration of said time. [Id., § 3.]

2415a SEC. 22h. [Same, salary.] The said Commissioners shall each receive a salary of Twenty-five Hundred (25,00.00) Dollars per year. Said salaries shall be paid in the same manner and at the same time as the Judges of the Supreme Court are paid. [Id., § 4.]

2415b SEC. 221. [Same.] Said Stenographers shall each receive a salary of One Thousand ($1,000.00) Dollars per year. Such salaries shall be paid at the same time and in the same manner as the Judges of the Supreme Court are paid. [Id., § 5.]

2415c SEC. 22j. [Same, vacancies.] All vacancies occurring in the posi tion of Commissioners or stenographers therefor, shall be filled in like manner as an original appointment. [Id., § 6.]

2415d SEC. 22k. Same, duties, procedure.] The Supreme Court shall prescribe by general rule, the mode of hearing and procedure before said Commis sioners, as well as the duties of such Commissioners and stenographers. [Id., § 7.]

DISTRICT COURT.

2416 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.

2417 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.]

2418 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.

2419 SEC. 26. [Judges may interchange.] The district judges may

SECS. 22e-k. "An act to provide for the appointment, tenure, qualifications, duties and salaries of commis sioners of the supreme court and stenographers therefor." Laws, 1901, chap 25. Took effect Meh. 19, 1901. SEC. 226-22g. Duties of commisioners. 37 Neb., 655. Relation of judges and commissioners in preparing opinions stated. 48 Neb.,876. Commissioner can be compensated as law lecturer in state university. 56 d., 657 SEC. 24. 4 Neb., 94. Jurisdiction not limited to statutory provisions. 27 Neb., 277. Not affected by banking 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. over lands of the United States ceded. Sec. 5, chap. 83, art. XIII.

act. 40 id., 216

9 Neb., 163. Jurisdiction

SEC. 26. Granting temporary injunction. 7 Neb., 386. Holding courts for each other. 14 Neb., 539. Contrary rulings in same case by different judges. 31 Id., 774.