marshal, sheriff or clerk shall adjourn the session until the time appointed for the holding of the next regular session. does not invali SEC. 60. No recognizance, or other instrument or Failure of term proceeding, shall be rendered invalid by reason of there date any recog being a failure of the term; but all proceedings pending nizance or other in court shall be continued to the next regular term, unless an adjournment be made as authorized in Section 58. instrument, etc. lar term, must fixed, as afore SEC. 61. In case of such continuance or adjourn- Persons held to ment, persons recognized or bound to appear at the regular appear at reguterm which has failed as aforesaid, shall be held bound in appear at time like manner to appear at the time so fixed, and their sure- said.' ties, 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. 62. The judge or judges 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 or they may prescribe, direct that the court may 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 danger thereof, or the destruction or danger of the building appointed for holding court, may render it necessary, and may, in the same manner, revoke the order, and in his or their discretion, appoint another place in the same city, town or county, for holding court. Judge may in certain cases, holding court. change place of Parties to ap appointed. Rooms may be judge may or. SEC. 63. When the court is held at a place appointed as provided in the last preceding section, every person held pear at place to appear at the court must appear at the place so appointed. SEC. 64. If suitable rooms for holding the district courts, and the chambers of the judges of such courts be provided, when not provided in the place or places appointed for holding der. said courts, together with attendants, furniture, fuel, lights, and stationery sufficient for the transaction of the Territorial business, the court may direct the sheriff of the county where the court is to be held to provide such rooms, attendants, furniture, fuel, lights and stationery, and the expenses thereof are a charge against the Territory. SEC. 65. Each of the following courts has a seal: 3. The probate courts. SEC. 66. The clerk of the court must keep the seal thereof. What courts have seals. Seals, by whom kept. Seals of court, SEC. 67. The seal of the court need not be affixed to to what proceed to any proceeding therein, or document, except : 1. To a writ; ings affixed, 2. To a certificate of the probate of a will, or of 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. TITLE II. JUDICIAL OFFICERS. Residence of CHAPTER I. Judicial Officers in General. SEC. 70. Each probate judge shall reside at the probate judges county seat of his county, during the term of his office, and every justice of the peace shall reside in the city or precinct in which his court is held. and justice. District judge in another dis trict. SEC. 71. Whenever the condition of the business in may hold courts the district court of any district is such that the judge of the district is unable to do the same, he may request the judge of either of the other districts to assist him, and upon such request made, the judge so requested may hold the whole or part of any term or any branch thereof; and when by reason of sickness, or absence from the Territory, or from any other cause, a court cannot be held in any 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, and the acts of such judge so holding such court or any branch thereof as above mentioned, shall be of equal force as if he were duly assigned to hold the courts in such district. CHAPTER II. Powers of Judges at Chambers. SEC. 73. District judges, at chambers, may grant all Powers of disorders and writs which are usually granted in the first in- trict judges at stance 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 habeas corpus, certiorari, mandate and prohibition, 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. ceedings may be SEC. 74. The parties to an action or special proceed- Place of hearing ing, pending in a court of record, may, with the consent of actions and pro the judge who is to try or hear it, without a jury, stipu- changed, when. late in writing, that it shall be tried or heard and determined, elsewhere than at the place appointed for holding said court. The stipulation must specify the place of trial or Stipulation must hearing, and must be filed in the office of the clerk. specify place of trial and be filed CHAPTER III. Disqualifications of Judges. SEC. 76. No justice, judge, or justice of the peace when disqualishall sit or act as such in any action or proceeding: 1. 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 the provisions of this section shall not apply to the arrangement of the calendar or the regulation of the fied. Not to act as attorney in his own court. Certain judges not to act as attorneys, No judicial officer to have a partner. order of business, nor to the power of transferring the action or proceeding to some other court. SEC. 77. 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 in an action or proceeding from which an appeal may lie to his own court. SEC. 78. A justice of the supreme court, or judge of the district court, cannot act as attorney or counsel in any court except in an action or proceeding to which he is a party on the record. SEC. 79. No judge or other judicial officer shall have a partner acting as attorney or counsel in any court of this Territory. General powers CHAPTER IV. Incidental Powers and Duties of Judicial Officers. SEC. 82. A judge may exercise, out of court, all the of judges out of powers expressly conferred upon a judge as contradistinguished from the court. court. Powers of judi cial officers as to conduct proce.d SEC. 83. Every judicial officer has power: 1. To preserve and enforce order in his immediate ings before them presence, and in proceedings before him, when he is engaged in the performance of official duty; Same. Same. 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 cases where it may be necessary in the exercise of his powers and duties. SEC. 84. For the effectual exercise of the powers conferred by the last preceding section, a judicial officer may punish for contempt in the cases provided in this Code. SEC. 85. The justices of the supreme court, and the 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 judgment of any court; 3. An affidavit or deposition to be used in this Territory. CHAPTER V. Miscellaneous Provisions Respecting Courts and Judicial Officers. SEC. 88. If an application for an order, made to a judge of the court in which the action or proceeding is pending, is refused in whole or in part, or is granted 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 proceeding necessary to obtain the order, or to motions refused, with liberty to renew the same. Violation of last SEC. 89. A violation of the last preceding section may be punished as a contempt, and an order made con- section. trary 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. 90. No proceeding in any court of justice, in No proceedings an action or special proceeding pending therein, is affected affected by by a vacancy in the office of all or any of the judges, or by of judge, etc. the failure of a term thereof. vacancy in office Proceedings to SEC. 91. Every written proceeding in a court of justice in this Territory shall be in the English language, be in the Engand judicial proceedings shall be conducted, preserved, and published in no other. lish language. SEC. 92. Such abbreviations as are in common use Abbreviations may be used, and numbers may be expressed by figures or and figures. numerals in the customary manner. used to execute in SEC. 93. When jurisdiction is, by this Code or by Means to be any other statute, conferred on a court or judicial officer, judicial powers all the means necessary to carry it into effect are also given; certain cases. and in the exercise of the jurisdiction, if the course of proceeding be not specifically pointed out by this Code or |