taining any such writs and proceedings may be instituted on any day. pointed, etc. SEC. 47. If any of the days mentioned in the last Court ap section happen to be the day appointed for the holding for those d of a Court, or to which it is adjourned, it is deemed ap- next day. pointed for or adjourned to the next day. deemed for of Court for SEC. 48. If no Judge attend on the day appointed for Adjournment holding the Court, or on the day to which it may have absence of been adjourned, before noon, the Sheriff or Clerk must Judge. adjourn the Court until the next day at ten o'clock a. m; and if no Judge attend on that day, before noon, the Sheriff or Clerk must adjourn the Court until the following day, at the same hour, and so on from day to day, for one week, unless the Judge, by written order, directs it to be adjourned to some day certain fixed in said order, in which case it shall be so adjourned. Judge may in change place certain cases, of holding Court. SEC. 49. If no Judge attend for one week, and no same. written order is made, as provided in the last section, the Sheriff or Clerk shall adjourn the session until the time. appointed.for the holding of the next regular session. SEC. 50 A Judge authorized to hold or preside at a Court appointed to be held in a county, city, or town, may, by an order filed with the Clerk, and published as he may prescribe, direct that the Court be held or continued at any other place in the city, town, or county than that appointed, when war, insurrection, pestilence, or other public calamity, or the dangers thereof, or the destruction or danger of the building appointed for holding the Court, may render it necessary; and inay, in the same manner, revoke the order, and, in his discretion, appoint another place in the same city, town, or county, for holding the Court. pear at place may order. SEC. 51. When the Court is held at a place appointed Parties to apas provided in the last section, every person held to ap- appointed." pear at the Court must appear at the place so appointed. Sec. 52. If suitable rooms for holding the District Rooms, etc.. Courts, and the chambers of the Judges of such Courts, be when Judge not provided in any county by the commissioners thereof, together with attendants, furniture, fuel, lights, and stationery sufficient for the transaction of business, the Courts may direct the Sheriff of such county to provide such rooms, attendants, furniture, fuel, lights, and stationery, and the expenses thereof are a charge against such county. SEC. 53. Each of the following Courts has a seal: 1. The Supreme Court; 2. The District Courts; 3. The Probate Courts. What Courts have sea.s. Seals, by whom kept. Seal of court, to what proceedings affixed: Residence of Probate Judge and Justice. District Judges may another dis trict. SEC. 54. The Clerk of the Court must keep the seal thereof. SEC. 55. The seal of the Court need not be affixed to any proceeding therein, or document, except: 1. To a writ; 2. To the certificate of the probate of a will, or of the appointment of an executor, administrator, or guardian ; 3. To the authentication of a copy of a record or other proceeding of a Court, or of an officer thereof, or of a copy of a document on file in the office of the clerk. SEC. 56. Each Probate Judge shall reside at the county seat of his county, and every Justice of the Peace shall reside in the precinct in which his Court is held. SEC. 57. A District Judge may hold a Court in any hold Courts in county in this Territory, upon the request of the Judge of the district in which such Court is to be held; and when, by reason of sickness or absence from the Territory, or from any other cause, a Court cannot be held in any county in a district by the Judge thereof, a certificate of that fact must be transmitted by the Clerk to the Governor, who may thereupon direct some other District Judge to hold such Court. Powers of District Judges at chambers. When disqualified. Not to act as attorney in his own Court. SEC. 58. District Judges, at chambers, may grant all orders and writs which are usually granted in the first instance upon ex-parte applications, and may, at chambers, hear and dispose of such writs and of motions for new trials, and try and determine writs of review, mandate and prohibitions, and may hear applications to discharge all such orders and writs. In case of vacancy in the office of any District Judge, or his absence from the Territory, motions may be made before and orders granted by any other District Judge. SEC. 59. A Judge cannot act as such in any of the following cases: 1. In an action or proceeding to which he is a party, or in which he is interested; 2. When he is related to either party by consanguinity or affinity within the third degree, computed according to the rules of law; 3. When he has been attorney or counsel for either party in the action or proceeding; But this section does not apply to the arrangement of the calendar or the regulation of the order of business, nor to the power of transferring the cause to another county. SEC. 60. A Judge cannot act as attorney or counsel in a Court in which he is Judge, or in an action or proceeding removed therefrom to another Court for trial or review, or in an action or proceeding from which an appeal may lie to his own Court. not to act as SEC. 61. A Justice of the Supreme Court, or Judge Certain Judges of the District Court, cannot act as attorney or counsel attorneys. in any Court, except in an action or proceeding to which he is a party on the record. officer to have SEC. 62. No Judge or other judical officer, shall have No judicial a partner acting as attorney or counsel in any Court of a partner. this Territory. powers of SEC. 63. A Judge may exercise, out of Court, all the General powers expressly conferred upon a Judge, as contra-dis- Judges out of tinguished from the Court. SEC. 64. Every judicial officer has power: Court. Powers of ju dicial officers as to conduct 1. To preserve and enforce order in his immediate presence, and in the proceedings before him, when he is proceedings engaged in the performance of an official duty; 2. To compel obedience to his lawful orders, as provided in this Code; 3. To compel the attendance of persons to testify in a proceeding before him, in the cases and manner provided in this Code; 4. To administer oaths to persons in a proceeding pending before him, and in all other ca-es where it may be necessary, in the exercise of his powers and duties. SEC. 65. For the effectual exercise of the powers con- Same. ferred by the last section, a judicial officer may punish for contempt, in the cases provided in this Code. SEC. 66. The Justices of the Supreme Court, and the same. Judges of the District Courts, have power in any part of the Territory, and Probate Judges and Justices of the Peace within their respective counties, to take and certify: 1. The proof and acknowledgment of a conveyance of real property, or of any other written instrument; 2. The acknowledgment of a satisfaction of a judg ment of any Court; 3. An affidavit or deposition to be used in this Terri tory. them. applications for SEC. 67. If an application for an order, made to a Subsequent Judge of a Court in which the action or proceeding is orders, when pending, is refused, in whole or in part, or is granted prohibited. conditionally, no subsequent application for the same order can be made to any other Judge, except of a higher Court; but nothing in this section applies to motions refused for any informality in the papers or proceedings necessary to obtain the order, or to motions refused, with liberty to renew the same. Violation of last section. No proceeding af fected by a vacancy in office of Judge, etc. Proceedings to be in the English language. Abbreviations and figures. Means to be used to execute judicial powers in certain cases. SEC. 68. A violation of the last section may be punished as a contempt, and an order made contrary thereto may be revoked by the Judge who made it, or vacated by a Judge of the Court in which the action or proceeding is pending. SEC. 69. No proceeding in any Court of justice, in an action or special proceeding pending therein, is affected by a vacancy in the office of all or any of the Judges, or by the failure of a term thereof. SEC. 70. Every written proceeding in a Court of justice in this Territory shall be in the English language, and judicial proceedings shall be conducted, preserved, and published in no other. use SEC. 71. Such abbreviations as are in common may be used, and numbers may be expressed by figures or numerals, in the customary manner. SEC. 72. When jurisdiction is, by this Code or by any other statute, conferred on a Court or judicial officer, all the means necessary to carry it into effect are also given; and in the exercise of the jurisdiction, if the course of proceeding be not specifically pointed out by this Code or the statute, any suitable process or mode of proceeding may be adopted which may appear most con formable to the spirit of this Code. CHAPTER VII. OF JURORS. SECTION 73. Jury defined. 74. Different kinds of juries. 75. Grand Jury defined. 76. Trial jury defined. 77. Number of a trial jury. 78. Jury of inquest defined. 79. Who are competent to act as jurors. 80. Who are not competent to act as jurors. 81. Who are exempt. 82. Who may be excused. 83. Exempt juror may file affidavit. 84. List of persons to serve as jurors to be made by Commissioners. 85. How selection shall be made. 86. List to be placed with Clerk. 87. Duty of Clerk on receiving lists. 88. Regular jurors to serve one year. 89. Jury to be drawn upon the order of the Judge. 90. Clerk to notify County Judge and Sheriff of time of drawing. 91. Sheriff and Judge to witness drawing. 92. D awing, when to be adjourned. 93. Shall procced, when. 94. Drawing, how conducted. 95. After adjournment of Court, disposition to be made of ballots. 6. Copy of list to be furnished by Clerk. 97. Sheriff to summon jurors, how. 98. Court may order jury drawn, when. 99. When jury may be completed from the body of the county, or by standers. 100. Jurors for Probate and Justices' Courts, by whom summoned. SECTION 73. A jury is a body of men temporarily select- Jury defi: ed. ed from the citizens of a particular district, and invested with power to present or indict a person for a public offense, or to try a question of fact. SEC. 74. Juries are of three kinds: 1. Grand juries; 2. Trial juries; 3. Juries of inquest. Different kinds of juries defined. SEC. 75. A Grand Jury is a body of men, sixteen in Grand jury number, returned in pursuance of law from citizens of the county, before a Court of competent jurisdiction, and sworn to inquire of public offenses committed or triable within the county. defined. SEC. 76. A trial jury is a body of men returned Trial jury from the citizens of a particular district, before a Court or officer of competent jurisdiction, and sworn to try and determine, by a unanimous verdict, a question of fact.. trial jury. SEC. 77. A trial jury in the District consists of Number of a twelve, and in the Probate and Justices' Courts of six men, unless the parties to the action or proceeding agree upon a less number. SEC. 78. A jury of inquest is a body of men, sum- Jury of inmoned from the citizens of, a particular district, before quest defined. the Sheriff, Coroner, or other ministerial officer, to inquire of particular facts. SEC. 79. A person is competent to act as a juror he be: if Who are com 1. A citizen of the United States, and an elector of the county; petent to ..ct as jurors. |