^ (Jorripll ICam ^rlynnl library Cornell University Library KF8S05.Z95N271916 Shorthand reporters :a digest of statute 3 1924 020 168 849 Cornell University Library m The original of tiiis book is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924020168849 SHORTHAND REPORTERS A Digest of Statutes and Legal Decisions Relating to Offi- cial Stenographers and Their Reports Being a thorough and concise compilation of all the general laws, and important special laws, of the various states and territories of the United States, relating to the appointment, rights, duties and compensation of OflBcial Stenographers; together with a reference to such legal decisions as have been handed down by the courts of last resort in the United States touching that subject matter, with chapters on the status, force and eSect of the reports made by such reporters. Second Edition, 1916 Published By the National Shorthand Reporters' Association Edited by Gordon L. Elliott Attomey-at-Law and Shorthand Reporter Des Moines, Iowa Copyright, IDlff, by National Shorthand Reporters' Association. PREFACE A little to one side you mil see a silent man sitting at a little table, loith pen in hand, who follows each spoken word with swift and noiseless movements, recording impartially the words of wisdom, wit and folly which follow each other in rapid succession. Witnesses come and go, lawyers question and cross-question, object and argue, the Court quietly announces his rulings, one case is ended and another begins; and through it all the silent man writes, writes, writes, unceasingly and with unslacTcened speed. Few of those who looh upon him, realise that they are beholding as near an approach to a miracle as unaided human hands and brains have thus far accomplished. —CHARLES CURRIER BEALE. The first edition of this book was published in 1906 by the National Shorthand Reporters' Association, the editorial work being in charge of Mr. Charles P. Roberts, an attorney-at-law and official stenographer of New Haven, Conn. The general plan of the first edition has been followed in the second, the digest classification used being practically the same. The entire work, however, has been carefully revised and brought down to date. The statutes have been set out more fully, and the exact language given where prac- ticable. In the digest of cases, the year of each opinion has been added, and the National Reporter System citation is shown, where there is such citation. A table of all cases digested is shown at the end of the book. Attention is directed to the fact that the cases digested must be read in the light of the statutes exising in the particular jurisdictions when the questions arose, and dates of the opinions and of many of the statutes have been inserted as an aid to such reading. Apparent conflicting opinions from the same state can, in nearly every instance, be accounted for by a change of statute in the interim between such opinions. The law on the subject is almost entirely a matter of statutory construction, and the value of this work will be found to be largely that of affording a ready reference to cases and statutes to determine whether the facts and the law upon which any given opinion was rendered are similar to those involved in any matter which may hereafter come up in the courts for decision. The material contained in the present volume has been carefully checked and compared, and every effort made to secure accuracy. The editor is indebted not only to numerous members of the association for assistance in preparing and checking the material used, but to members of the bar in several states, and to the Lawyers' Co-Operative Publishing Co., of Rochester, N. Y., West Publishing Co., of St. Paul, Minn., Vernon Law Book Co., of Kansas City, Mo., and the American Law Book Company of New York City, for valuable hints, and for permission to use material from their publications. The citations have been brought down to and include cases digested in the September, 1915, advance sheets of the American Digest. GORDON L. ELLIOTT. Des Moines, Iowa, December 21, 1915. TABLE OF CONTENTS PART I— Statutes. Page Alabama 1 Alaska 4 Arizona 4 Arkansas 7 California 10 Canada (Appendix) 174 Colorado 14 Connecticut 16 Delaware 19 District of Columbia 20 Florida 21 Georgia 22 Hawaii 24 Idaho 25 Illinois 30 Indiana ■. 32 Iowa 34 Kansas 38 Kentucky 42 Louisiana ; 46 Maine 50 Maryland 64 Massachusetts 58 Michigan 61 Minnesota 67 Mississippi 73 Missouri 78 Montana 86 Nebraska 88 Nevada 90 New Hampshire 92 New Jersey 93 New Mexico 98 New York 101 North Carolina 120 North Dakota 122 Ohio 124 Oklahoma 127 Oregon 130 Pennsylvania , 133 Philippine Islands 139 Porto Rico 140 Rhode Island 142 South Carolina 145 South Dakota 147 Tennessee 148 Texas 149 United States 154 Utah 155 Vermont • ( 160 Virginia 162 Washington i 162 V Page West Virginia 165 Wisconsin •■ •1°'^ Wyoming 172 , PART II — Decisions. 1 — Status. A Stenographers 177 B Notes, Transcripts, etc 178 2 — Constitutionality of Statutes. A Statutes Held Constitutional 180 B Statutes Held Unconstitutional 181 3 — ^Appointment and Qualifications. A Who May be Appointed 183 B Power to Appoint in General 183 Power of Admiralty Courts to Appoint 184 D Appointment in Criminal Cases 185 E Review of Action of Judge Refusing to Appoint 185 F Stenographers Before Grand Jury 186 G Necessity for Oath 188 4 — ^Removal. A In General 189 5 — Duties. A Attendance Upon Court 190 B Reporting Testimony 190 C Furnishing Transcripts 192 D Filing Transcript of Notes 193 B Making of Transcripts .' 195 F Reading of Notes 196 G Presumptions 197 6 — Compensation. A Amount. 1. Limited to Sum Allowed by Statute 198 2. Construction of Statutes as to 199 3. In Absence of Statute 201 4. When Fixed by Court 203 5. In General 203 6. Per Diem 203 7. For Furnishing Transcripts 204 8. Mileage, When Allowed 204 9. Facts Considered in Determining 205 10. EfEect of Custom Upon 206 vi Page B Right to Perform and Charge for Outside Services 207 C Right to Demand Payment in Advance , 207 D Liability of Parties for Fees 209 B Liability of Attorneys for Pees 213 F Liability of Public Bodies for Fees 213 G For Services Before Coroners 214 H Transcripts at Expense of County or State 215 I Free Transcripts 218 J Taxation of Fees, When Allowed. 1. In General 219 2. For Transcripts Required by Court for Its Own Use. .221 3. For Transcripts for Party's Own Use 222 4. As Necessary Disbursements 222 5. Pro Rata 224 K Taxation of Fees, When not Allowed. 1. In General 224 2. For Transcripts Required by Court for Its own Use. .226 3. For Transcripts for Party's Own Use 227 4. As Necessary Disbursements 228 5. In Criminal Cases 230 li Review of Action of Court as to Fees 230 M Right of Court to Compel Payment of Fees 231 N Mandamus to Compel Payment of Fees 232 7 — Bill of Exceptions. A Notes When Not a Bill of Exceptions 234 B Notes as Bill of Exceptions 239 C Preparation of Bill of Exceptions 242 D Bill of Exceptions Should be in Condensed Form 247 E Party Cannot be Compelled to Incorporate Transcript in Bill of Exceptions 250 F Filing of Transcript a Necessary Precedent 251 8 — Certificates. A Necessity for Certificate 254 B Sufficiency of Certification 255 C Time for Certifying 261 9 — ^Notes as Evidence. A When Admissible 262 B Inadmissibility •. 272 Reading of Notes 276 D Receivable Only Upon Showing Impossibility of Procuring At- tendance of Witness 281 E Admissible Though Stenographer Has no Independent Recol- lection 285 P Evidence to Contradict Notes Admissible 286 C Notes as Best Evidence 287 vii Page H Receivable as Depositions 289 I Effect of Erroneous Admission 291 10 — Eights and Duties as Witnesses. A Should be Sworn 292 B Testifying from Notes 292 C Right to Consult Notes 294 11— New Trials. A In General 295 B When Party is Deprived of Transcript 296 C For Error in Minutes 298 12 — ^Personal Rights of Stenographers. A Exemption of Salary from Execution 299 B Copyright 299 Taxation 299 D Combinations 299 E Miscellaneous 299 13— Power of Courts. A To Compel Performance of Duties by Stenographer 300 B To Correct Minutes 301 C To Fix Compensation 303 D To Refuse to Stop Witness so That Counsel Can Take Notes. .303 E To Compel County to Pay for Transcript for Defendant in a Criminal Case 303 P To Compel Payment of Fees 304 G To Compel Furnishing of Transcript 304 PART III. Table of Cases Digested 307 vW PART I— STATUTES ALABAMA CIRCUIT COURTS. Appointment — Qualifications — Term — Removai. That each of the judges of the circuit court of this State is hereby authorized and directed to appoint a competent shorthand writer to perform the duties of official court reporter of their several circuits, not otherwise provided with an official court report- er, but no two or more judges shall appoint the same court reporter; that no person shall be appointed official or special reporter under the provisions of this act who is not able to correctly report in shorthand the proceedings in all trials as the same may occur, and neatly and expeditiously transcribe on the typewriter testimony taken by him; said official reporter shaU be an officer of the court and within his circuit shall have the power to administer oaths and he shall hold office for the term of the judge appointing him but be subject to removal at any time at the pleasure of the judge. (Ala. Gen. Laws. 1915, § 1.) Note: Act of 1915 (Joes not become effective until first Monday after sec- ond Tuesday in January, 1917. All laws in conflict with its provisions are by its terms expressly repealed. Until Act of 1915 becomes effective circuit court reporters are generally governed by Act of 1909, page 263, providing a salary of $1,200 per annum and a transcript fee of five cents per folio. There are various local acts also effective until January, 1917. The legis- lature of 1915 abolished all chancery, law and equity, and city courts, and placed the judiciary of the state under the circuit judges. A bill providing for the recircuiting of the state, passed by the legislature, was vetoed by the governor. Duties — Transcript Fees. It shall be the duty of such official court reporter to attend the sessions of the courts of the circuits of which he is official reporter in person except as herein otherwise provided, and to take full stenographic notes of the oral testimony and proceedings except argu- ments of counsel, in every case in such courts as the presiding judge shall direct or any party thereto may request to be reported, and must also note the order in which all documentar-y evidence is introduced; all objections and rulings of the court thereon and exceptions which may be reserved thereto. The original notes taken by such official court reporter shall be preserved by him and shall be treated as a part of the records of said court and on his retirement from office shall be turned over to the respective clerks of the courts. He shall, when directed by the presiding judge, attend the grand jury in its Investigations and take notes of the testimony before it as may be directed by the solicitor or foreman, which notes shall be filed with the clerk of the court where taken; he shall furnish within thirty days or such other time as the judge of the court may prescribe to any party to a cause reported by him demanding the same a typewritten transcript of his notes or any part thereof except proceedings in the grand jury upon the payment of a transcript fee of ten cents for each 100 words thereof, and for each additional copy to be made at the same time five cents for each 100 words thereof; that in all cases where directed by the presiding judge such official court reporter shall furnish one typewritten copy of the testi- mony and proceedings to be filed with the clerk of the court. He shall also in every case reported, unless otherwise directed by the court, within the Ala. SHORTHAND EEPOETEES time above provided, file with the clerk a typewritten copy of the oral charge delivered by the judge to the jury on the trial of the cause, no charges to be made for such copy. (Id., § 2.) Substitute. Should the official reporter herein provided for on account of sickness or other cause, be unable to report the testimony of any trial as provided in this act, the judge of the court shall have authority to appoint a special reporter to serve until the official reporter can resume his duties in such court, the compensation of such special reporter to be the same and paid in like manner as herein provided for official reporters; provided, that in circuits having two judges or more the stenographer appointed shall, when not otherwise engaged in the discharge of his official duties, be sub- ject to the direction of any judge of such circuit, it being the intention and purpose of this provision to avoid the necessity of appointing a special reporter whenever any regular reporter of the circuit is available. (Id., §3.) Taxable Fee. That in all cases reported by any official reporter or spe- cial reporter, there shall be taxed as a part of the costs of the case a fee of fi.ve dollars for each day or fraction thereof that such reporter shall be engaged In reporting a case, to be collected as in other cases, and when collected paid by the clerk into the county treasury of the county in which the case is tried (Id., § 4.) Salary, How Paid. That such official reporter shall receive a salary of twelve hundred dollars per year, payable in monthly installments by the counties composing the circuits, each county to pay its pro rata of such salary based upon the assessed taxed valuation of all property of such county for the preceding year; such payment to be made on certificates issued by the judge of the court in favor of such official reporter for the respective amounts due by the several counties each month, the same to be paid by the treasurer of each county out of the general funds thereof on presentation in the same manner as juror's certificates are now paid. (Id., 15.) Oath, That before any official or special reporter shall enter upon the duties of his office he must subscribe to an oath to support the Constitution and laws of the State of Alabama and to faithfully perform all the duties of such office. (Id., § 6.) Supplies. That all stationery and supplies to be used by such official or special reporters in their capacity as such shall be furnished and paid for by the county or counties composing the respective circuits in the man- ner provided for the payment of the salaries of such official and special reporters on requisition signed and approved by the judge of the court. (Id., § 7.) Penalty for Overcharge. Any official or special reporter who charges more than the fees herein specified for making any transcript, shall be guilty of a misdemeanor, and upon such fact being made known to the judge appointing such official or special reporter shall be promptly removed. (Id., § 8.) Certain Circuits. In circuits having three circuit judges, each judge shall appoint one competent court reporter, each of such court reporters shall receive a salary of $175.00 per month, to be paid by the county as provided for in this act as to other counties, and each and every provision of this act not in confiict with this section shall apply to such reporters. This salary shall be the only compensation to which such reporters shall be entitled to receive for any and all services rendered by this act. The fees to which said reporters would be entitled shall be charged by the clerk STATOTES Ala. or register of the court and shall be collected by him and paid into the treasury of the county. The idea and intention hereof being to pay such reporter said salary and have the fees allowed herein charged and collected by the clerk or register and paid into the county treasury. (Id., § 9.) Note: This section will apply to the 13th circuit, containing the counties of Baldwin, Washington and Mobile. Certain Circuits — Criminal Divisions. In judicial circuits having more than five judges, the judge or judges of criminal divisions of such courts are hereby authorized to each appoint and designate a competent court reporter to report the proceedings of any case pending in their respective divisions, when the presiding judge of such division shall deem it necessary or proper to have such cases reported. The reporter so designated shall receive $5.00 per day for his services while actually engaged in reporting the proceedings and shall receive ten cents per 100 words for the transcript when the judge or solicitor desires a copy of such transcript; said amounts to be paid out of the county treasury upon the certificate of the judge that the amount is correct. (Id., § 10.) Note: This section will apply to the 10th circuit, Jefferson county, with ten judges. § 12% of the act reads: "This act shall not apply to circuits having Ave or more judges except as to special reporters as provided for in § 10." ALASKA DISTRICT COURTS. Appointment. Each of the judges shall have authority to employ an official stenographer at such compensation as shall be fixed by the Attorney General. (Comp. Laws, 1913, §363.) Note: The Comptroller of the Treasury In a decision of date Deo. 8, 1914 (see National Shorthand Reporter, Jan., 1915), held that the resignation of a judge of the District Court of Alaska did not ipso facto terminate the appoint- ment of the court stenographer made by such judge, but that said stenogra- pher was entitled to hold said position until his resignation, death, or dis- missal, or until he was superseded by a new appointee. ARIZONA SUPERIOR COURTS. Appointment — Term. The judge of the superior court and each division thereof in each county in the state shall appoint a court reporter, who shall be a ministerial officer of the court, and who shall hold his office during the pleasure of the judge appointing him. (Rev. Stats. 1913, Civil Code, §619. Acts of 1912, Ch. 94, § 1.) Oath. Before entering upon his duties, such court reporter shall take and subscribe to the official oath prescribed by law, which oath shall be administered by the judge of said court. (Id. § 620; Id., § 2.) Quallfications^Examination — Certificate. No person shall be appointed court reporter of the superior court nor of any division thereof until he has been examined as to his competency by a committee of at least three mem- bers of the bar practicing in said court, to be designated by the judge there- of; and has written in the presence of such committee at the rate of not less than one hundred fifty words a minute for five consecutive minutes upon matter not previously written or known to him; and has immediately there- after and in the presence of the committee read back from his notes the matter so read to him; and has, within twenty-four hours thereafter, deliv- ered to said committee an accurate transcript thereof. If the applicant pass such examination, the committee shall make a certificate to that effect, showing the number of words per minute so written and transcribed, to which certificate shall be attached the matter so read to the applicant, or a copy thereof, and also the original notes and transcript of the same made by the applicant upon such examination, and file the same in the office of the clerk of said court. (Id., § 621; Id., § 3.) Duties. It shall be the duty of said court reporter to be in attendance upon said court during the hearing of all matters before it, unless excused therefrom by the judge of said court, and he shall make stenographic notes of all oral proceedings had upon the hearing of all matters before the court; but, unless requested by the court or counsel so to do, he shall not be required to make stenographic notes of arguments of counsel to a jury, nor of argument of counsel to the court in the absence of a jury. Upon the payment or tender to him of the fees hereinafter prescribed, it shall be the duty of such reporter to furnish, without unnecessary delay, to any person STATUTES Ariz. who may request the same, a typewritten transcript of all or any part of the proceedings so reported by him in any matter in said court, and upon request so to do he shall certify that such transcript is a correct and com- plete statement of such proceedings. (Id., §622; Id., §4.) Same — Charge of Court. After the evidence is closed and before the commencement of the argument, the court shall charge the jury. The charge shall be taken down by the court reporter, and at the request of either party shall be written out, signed by the judge, and filed with the clerk. II the court reporter be not present, the charge shall be in writing, unless waived, and signed by the judge. (Id., § 514.) Compensation. The court reporters of the superior courts, and the divisions thereof, in the counties of Maricopa, Pima, Yavapai, Gila and Cochise, shall each receive a salary of two thousand dollars per annum, and in the counties of Greenlee, Coconino, Apache, Navajo, Santa Cruz, Yuma, Pinal, Graham and Mojave, the salaries of said court reporters shall be fixed by the judges of said superior courts, which salary shall be approved by the board of county supervisors of each of said counties. The salaries of court reporters shall be paid semi-monthly by the respective counties in which they are appointed. Such reporters shall also receive, for transcrib- ing shorthand notes, fifteen cents per folio of one hundred words for the first copy, and five cents per folio for each carbon copy thereof, if ordered at the same time as the first copy, and by the person requesting the first copy. The reporter, when requested in advance, shall furnish to the county attorney, or the attorney general of the state, free of charge, a copy of the transcript of testimony in every instance where a transcript is made on an appeal taken in a criminal case, and to the attorney general when the state is a party. (Id., § 623; Id., § 5.) Assistants. The reporter may employ such deputies or assistants as he may deem necessary for the efficient conduct of his office, and such dep- uties or assistanta shall be compensated by him. (Id., § 624; Id., § 6.) Suppiies Furnished. The necessary supplies for the conduct of the office of court reporter shall be furnished by the county in which he holds his office. (Id., §625; Id., §7.) To Assist County Attorney in Certain Counties. The court reporters of the counties of Greenlee, Coconino, Apache, Navajo, Santa Cruz, Yuma, Pinal, Graham and Mojave shall, with the consent of the judge, when re- quested by the county attorney of said counties so to do, render stenographic services, without charge, exclusive of transcripts of, or work in, the superior and other courts. (Id., § 6'26; Id., § 8.) PRELIMINARY HEARINGS. Appointment — How Taken — Compensation. The examination of wit- nesses shall be oral, and neither their testimony nor that of the defendant shall be reduced to writing except as otherwise provided in this section. The testimony of each witness, in cases of homicide, must be reduced to writing, as a deposition, by the magistrate, or under his direction; and in other cases upon the demand of the county attorney. The magistrate before whom the examination is had, shall, upon the demand of the county attor- ney, order the testimony taken down in shorthand, in all the examinations herein mentioned, and for that purpose he may appoint a shorthand reporter, the deposition or testimony of the witnessesi must be authenticated in ths following form: 5 Ariz. SHOETHAND EEPOETBBS 1. It must state the name of the witness, his place of residence, and his business -or profession. 2. It must contain the questions put to the witness, and his answers thereto, each answer being distinctly read to him as it is taken down, and being corrected or added to until it conforms to what he declares to be the truth; except where the testimony is taken down in shorthajid, when the answer or answers of the witness need not be read to him. 3. If a question put be objected to on either side and overruled, or the witness declines answering it, that fact, with the ground on which the ques- tion was overruled or the answer declined must be stated. 4. The deposition must be signed by the witness, or if he refuses to sign it, his reason for refusing must be stated in writing as he gives it; except in cases where the deposition is taken down in shorthand, when it need not be signed by the witness. 5. It must be signed and certified by the magistrate when reduced to writing by him, or under his direction, and when taken down in shorthand, vthe transcript of the reporter appointed as aforesaid, when written out in longhand writing and certified as being a correct statement of such testi- mony and proceedings in the case, shall be prima facie a correct statement of such testimony and proceedings. The reporter shall, within ten days after the close of such examination (if the defendant be held to answer to the charge) transcribe into longhand writing such shorthand notes, and certify and file the same with the clerk of the superior court of the county in which the defendant was examined, and shall in all cases file hifi original notes with said clerk. 6. The reporter's compensation shall be fixed by the magistrate before whom the examination is had and shall not exceed the sum of five dollars per day for each day actually attended upon such examination, and fifteen cents per folio for transcribing shorthand notes into longhand writing, to be allowed and paid as other county charges are allowed and paid. (Rev. Stats. 1913. Penal Code, §881; Laws of 1903, Ch. 25.) ARKANSAS CIRCUIT COURTS. Appointment — Qualifications — Term. The judge of each judicial court shall appoint a competent oflcial stenographer for his circuit, upon the peti- tion of a majority of the licensed resident lawyers of his circuit, which petition shall recommend some competent person who is a resident of the state. The ofl9.cial stenographer shall he a sworn oflBcer of the court, and his term of office shall end at the same time as that of the judge who appointed him, and he may be dismissed by the judge for Incompetency, neglect of duty or misbehavior. (Dig. of Stats. 1904, § 1329.) Duties. He shall attend all terms of the circuit court held within and for the circuit for which he is appointed, and upon the request of either party he shall make stenographic reports of all oral proceedings had in such court, including the testimony of witnesses with the questions to them, verbatim, the oral instructions of the court, and any further proceedings or matter, when directed by the presiding judge or upon the request of counsel so to do, and whenever any question arises as to the admissibility or rejection of evidence, and an argument is made to the court, such argu- ments shall not be recorded unless requested by counsel, but the objections to rulings thereon, and any exception taken by either party, or his counsel, to such rulings, shall be briefly noted. (Id., § 1330.) Transcripts. Within twenty days from the conclusion of the trial, or the time of demand if made after trial, a longhand or typewritten transcript with a caption showing the style of the case, its number and the court in which it was tried and when tried, shall be furnished by the stenographer, signed, certified and filed in the office of the clerk of the court. (Id., § 1331.) Notes to be Kept in Cleric's Office. The stenographic notes shall be kept in the office of the clerk of the court wherein the notes were taken, but the stenographer shall have the right to carry them from court to court within the judicial district for the purpose of transcribing the same for the use of the parties and of the court, in which case they shall be returned to the clerk after having been transcribed. (Id., § 1332.) Compensation. The stenographer shall receive $800 a year to be paid quarterly out of the stenographer's fund by the several counties composing the circuit in which he is appointed, in proportion to the population that each county bears to the population of the whole circuit as shown by the last federal census. Such salary to be adjusted by the presiding judge. (Id., § 1333,) Coi lection of Fees as Costs. A stenographer's tax fee of $3.00 shall be taxed in each case in which a stenographer has served upon the request of either party, and the same shall be collected as costs and paid into the treasury of the county in which the case is tried, in the same manner as the jury tax is collected and paid in; and if either party demands a bill of exceptions, he shall be charged at the rate of five cents a folio for a tran- script, the same to be charged by the clerk and collected by the sheriff as costs and paid into the county treasury together with the tax fee of $3.00, as a stenographer's fund, which shall be kept as a separate fund. (Id., § 1334.) Transcript to Persons Unable to Pay. No party shall in any case be denied a bill of exceptions on account of his inability to pay the stenog- rapher's tax fee and the fee for a transcript, when he makes affidavit that he has no property and is unable to pay for the same. (Id., § 1335.) Ark. SHORTHAND EEPOETEES Certificate to Transcript. The transcript of the stenographer mentioned in § 1334 shall be certified to by the stenographer and shall be taken as a part of the transcript and no clerk shall make any additional charge for the same other than the five cents a folio mentioned in that section. (Id., J 1336.) Limited to Circuit Courts. No court or judge except judges of circuit courts shall appoint a stenographer whose salary, costs, expenses or per diem, or any part thereof shall be paid by the state or county, or taxed as costs against any party in any proceeding either civil or criminal. (Id., S 1544.) Depositions. OfiScers and stenographers taking depositions shall pre- pare an original and two carbon copies of same at the time of transcribing for which service said officer shall be allowed a reasonable compensation to be fixed by the court and taxed as cost. The plaintiff and defendant shall each be furnished with one of these copies for their flies, and the original shall be filed and retained in the office of the clerk as herein set out. (Act* of 1915, Act No. 290, § 18.) Transcripts — Copies — Fee for. Upon the trial of any issue or motion in any section or special proceeding, the court may order all oral testimony to be taken down in shorthand by a stenographer, and said stenographer, whether he be the official court stenographer or one specially designated by the court for the purpose, shall transcribe his stenographic notes at the request of the court or counsel for either party, and when so transcribing said notes he is hereby required to make three copies, two of which may be carbons, of the proceedings so reported by him, of which the original copy shall, in case of an appeal, be delivered to appellant's counsel to be inserted in the original transcript as a part of the same and for which por- tion so inserted the clerk shall receive no pay. Another copy shall be delivered to appellant's counsel to be used in the bill of exceptions and filed in the clerk's office, while the third copy shall be kept on file in the clerk's office with the other papers in the case, which copy so filed shall, in cases in chancery, be treated as and have the same effect as depositions in the case taken in the regular manner. And in such cases, as well as in cases where depositions are taken in shorthand and transcribed by a stenographer, whether the stenographer is the officer taking said depositions or the party called to write and transcribe same as provided by law, the court shall allow a reasonable fee for such taking and transcribing and making said three copies, to be taxed as cost of suit. (Id., § 19.) Note: There are now eighteen judicial circuits in the state of Arkansas, and in sixteen of them special acts have been passed, as a rule following the wording of the general law, but increasing the salary of the stenographer. Such special acts are as follows: 1 — Grand Jury — 1— 2 — Amended 2 — Grand Jury — 3 — Amended Date of Act. Salary. 1915 n.BOO.OO 1909 1,500.00 1907 1,500.00 1913 1,200.00 1915 1,800.00 and lOo 6— 1903 6 — 1st Division — ^Amended 1915 «— 2nd 1915 6— 3rd 1915 8 — Amended 1909 9— 1909 per folio in all cases. 1915 1,500.00 with 12 %c per folio for orig. and 6o per folio for duplicate, said feea paid into county treasury. 1,200.00 1,900.00 1,800.00 1,800.00 1,600.00 1,400.00 STATUTES Ark. 10— " 1909 1,600.00 11 — 1909 1,800.00 12 — " 1911 l,8d0.00 and lOo per folio in civil and mis- demeanor, and 5c per folio in felony cases. 13— " 1911 1,500.00 14 — " 1913 1,200.00 15— 1907 1,200.00 17 — 1913 1,500.00 18— Amended 1915 1,800.00 and 10c per folio for an original and one duplicate copy in all cases. In all of the circuits the salary of the court stenographer is payable in county warrants, and in most of the circuits these warrants are subject to a considerable discount, and in some counties as much as 50 per cent. CALIFORNIA* SUPREME COURT. Appointment— Term — Duties — Compensation. The Supreme Court may appoint two phonographic reporters who shall hold office during the pleasure of the court. The reporters shall attend the sessions of the court and shall take notes of the points made by counsel in all arguments; and shall take down the opinions of the courts when delivered orally and, when required by the court, shall write out the stenographic notes and deliver such writing to the reporter of the decisions of the court, and shall perform such other duties as may be imposed upon them by the court or a justice thereof. One of such reporters shall receive $3,000 per annum, and the other shall receive $2,400. (Pol. Code, 1905, §§ 739, 769, 770.) DISTRICT COURTS OF APPEAL. Appointment — Qualifications— Duties — Compensation. Each of the three District Courts of Appeal may employ and appoint a phonographic reporter who shall be competent to write in shorthand at the rate of one hundred and fifty words per minute, and to transcribe the same correctly. His duties shall be to take down in shorthand the proceedings of the court, and to act as secretary to the judges in the discharge of their official duties. His com- pensation shall be at the rate of $2,400 per annum. (Pol. Code, 1907, § 759.) SUPERIOR COURTS. Appointment — Duties — What to TaJce, Filing Transcripts. The judge or judges of any superior court in the state may appoint a competent phono- graphic reporter, or as many such reporters as there are judges, to be known as official reporter or reporters of such court, and to hold office during the pleasure of the judge or judges appointing them. Such reporter, or any of them, where there are two or more, must, at the request of either party, or of the court in a civil action or proceeding, and on the order of the court, the district attorney, or the attorney for the defendant in a criminal action or proceeding, take down in shorthand all the testimony, the objections made, the rulings of the court, the exceptions taken, all arraignments, pleas and sentences of defendants in criminal cases, the arguments of the pros- ecuting attorney to the jury, and all statements and remarks made and oral Instructions given by the judge; and if directed by the court, or requested by either party, must, within such reasonable time after the trial of such case as the court may designate, write out the same, or such specific por- tions thereof as may be requested in plain and legible longhand, or by type- writer or other printing machine, and certify to the same as being correctly reported and transcribed, and when directed by the court, file the same with the clerk of the court. (Code Civ. Pro., 1903, § 269.) Qualifications — Examination — Certification. No person shall be ap- pointed to the position of official reporter of any court in this state, except upon satisfactory evidence of good moral character, and without being first examined as to his competency by at least three members of the bar prac- ticing in said court, such members to be designated by the judge or judges of said court. The committee of members of the bar so designated shall, upon the request of the judge or judges of said court, examine any person as to his qualifications whom said judge or judges may wish to appoint as official reporter; and no person shall be appointed to such position upon •Dates in references to sections show passage of act or last amendment and not last~edition of the code. 10 STATUTES Cal. whose qualifications such committee shall not have reported favorably. The test of competency before such committee shall be as follows: The party examined must write in the presence of such committee at the rate of at least one hundred and fifty words per minute, for five consecutive minutes, upon matter not previously written by or known to him, immediately read the same back to the committee, and transcribe the same into longhand writing, plainly and with accuracy. If he pass such test satisfactorily, the committee shall furnish him with a written certificate of that fact, signed by at least a majority of the members of the committee, which certificate shall be filed among the records of the court. No oflBcial reporter of" any court or official reporter pro tempore shall be competent to act as official reporter in any court of the state who shall have failed or neglected to transcribe any notes in a criminal proceeding or action on appeal and which notes are required by law to be by him transcribed until he shall have fully completed and filed all transcription of his notes in any criminal case on appeal required by law to be by him transcribed. (Id., 1909, § 270.) Shall Attend in Person, Except — Reporters Pro Tempore. The official reporter of any superior court shall attend to the duties of his office in per- son, except when excused for good and sufficient reason by order of the court, which order shall be entered upon the minutes of the court. Employ- ment in his professional capacity elsewhere shall not be deemed a good and sufficient reason for such excuse. When the official reporter of any court has been excused in the manner provided in this section, the court may appoint an official reporter pro tempore, who shall perform the same duties and receive the same compensation during the term of his employment as the official reporter. (Id., 1880, § 271.) Oath. The official reporter of any court, or official reporter pro tem- pore, shall, before entering upon the duties of his office, take and subscribe the constitutional oath of office. (Id., 1880, § 272.) Transcript Prima Facie Correct. The report of the official reporter, or official reporter pro tempore, of any court, duly appointed and sworn, when transcribed and certified as being a correct transcript of the testimony and proceedings in the case, is prima facie evidence of such testimony and pro- ceedings. (Id., 1903, i 273.) Compensation. For his services the official reporter shall receive the following fees, except in counties where a statute provides otherwise: For reporting testimony and proceedings ten dollars per day, which amount, when more than one case is reported in one day, must be appor- tioned by the court between the several cases. For transcription, for one copy, twenty cents per hundred words; for two copies made at one time, fifteen cents each per hundred words ; for three copies made at one time, eleven cents each per hundred words; for four copies made at one time, nine cents each per hundred words; and for five or more copies made at one time, eight cents each per hundred words. In criminal cases, the fees for reporting and for transcripts ordered by the court to be made must be paid out of the county treasury upon the order of the court; provided, that when there is no official reporter in attendance, and a reporter pro tempore is appointed, his reasonable expenses for travel- ing and detention must be fixed and allowed by the court and paid in like manner. In civil cases the fees for reporting and for transcripts ordered by the court to be made must be paid by the parties in equal proportions, and either party may, at his option, pay the whole thereof; and, in either case, all amounts so paid by the party to whom costs are awarded must be taxed 11 Cal. SHORTHAND EEPOETERS as costs in the case. The fees for transcripts and copies ordered by the parties must be paid by the party ordering the same. No reporter must be required to perform any service in a civil action until his fees therefor have been paid to him or deposited with the clerk of the court. (Id., 1903, §274.) Transcribing of Opinions, Etc., a County Cliarge. Judges of the superior court may have opinions and instructions in any action, or any order, com- mitment or judgment in any insanity, probate, county official bond or juvenile court proceeding, taken down in shorthand and transcribed by the official reporter, the cost thereof to be a legal charge against the county. (Id., 1911, § 274a.) Transcript Fees in Criminal Cases Appealed. The phonographic reporter shall receive for making an original and three carbon copies of the portion of his notes ordered transcribed, or transcribed in any criminal case after sentence-, the sum of thirty cents per folio; provided, however, that he shall receive no compensation for transcribing any notes unless the same shall have been transcribed by him within the time provided by law. (Id., 1909, §274b; Penal Code, 1909, §1247.) Proceedings at Time of Pronouncing Judgment to be Reported. The proceedings at time of pronouncing judgment in criminal cases shall be reported and transcribed in duplicate by the official reporter, one copy to be filed with the county clerk, and one copy to be sent to the warden of the prison to which the defendant is sentenced. (Penal Code, 1909, § 1192a.) Transcript Forwarded to Governor, When. Immediately after convic- tion requiring judgment of death, transcript of testimony and proceedings must be forwarded to governor of state. (Penal Code, 1872, § 1218.) When No Reporter, Clerk May Be Requiired to Take Testimony in Writing. Whenever there is no shorthand reporter of the court in attend- ance, either party may require the clerk to take down the testimony in writing. (Code Civ. Pro., 1872, § 1051.) Challenge to Jury Panel. A challenge to the panel of jurors must be in writing noted by the phonographic reporter, and must state the facts constituting the grounds of the challenge. (Penal Code, 1872, § 1060.) Oral Charges to be Reported. When the charge of the court is not given in writing it must be taken down by the phonographic reporter. (Penal Code, 1874, § 1093.) EXAMINING MAGISTRATES — Preliminary Hearings. Appointment — Transcripts — Compensation. The testimony of each wit- ness in cases of homicide must be reduced to writing, as a deposition, by the magistrate or under his direction, and in other cases upon the demand of the prosecuting attorney, or the defendant, or his counsel. The magistrate before whom the examination is had may, in his discretion, order the testi- mony and proceedings to be taken down in shorthand in all examinations herein mentioned, and for that purpose he may appoint a shorthand reporter. The deposition or testimony of the witness must be authenticated in the following form: 1. It must state the name of the witness, his place of residence and his business or profession. 2. It must contain the questions put to the witness and the answers thereto. 3. If a question put be objected to on either side and overruled, or a witness declines answering it, that fact, with the ground on which the ques- tion was overruled or the answer declined, must be stated. 12 STATUTES Cal. 4. The deposition must be signed by the witness, except in cases where it is taken down in shorthand, when it need not be signed by the witness. 5. When taken down in shorthand, the transcript of the reporter so appointed, when written out in longhand and certified as being a correct statement of said testimony and proceedings, must be signed and certified by the magistrate. The reporter shall within ten days after the close of such examination, if the defendant be held to answer the charge, transcribe into longhand writing his said shorthand notes, and certify and file the same with the county clerk of the county, or city and county. In which the defend- ant was examined, and shall in all cases file his original notes with said clerk. 6. The reporter's compensation shall be fixed by the magistrate before whom the examination is had, and shall not exceed that now allowed report- ers in the superior courts of this state, and shall be paid out of the treasury of the county, or the city and county, in which the examination is had, on the certificate and order of the said magistrate. (Penal Code, 1885, § 869.) Note: The practice is to allow the same compensation as is allowed su- perior court reporters under § 269 et seq., Code Civ. Pro. Upon demand of the defendant, or his attorney, the magistrate must order a transcript of the depositions taken on the information, or the exam- ination, to be immediately furnished said defendant, or his attorney, after the commitment of said defendant, and the reporter shall furnish said de- position as aforesaid, and shall receive compensation to be paid by the county for the same as provided by Sub. 6 of § 869 of this code. (Penal Code, mil, 8 S70 ) GRAND JURY. Appointment — Charge Against the County. The grand jury, on the de- mand of the district attorney, whenever criminal cases are being Investi- gated before them, must appoint a competent stenographic reporter to be sworn and report the testimony that may be given in such cases in short- hand, and to transcribe the same in all cases where an indictment is re- turned. If an Indictment has been found against a defendant, a copy of the testimony given in his case before the grand jury, shall be served upon him within five days after the discharge of the grand jury, or if the grand jury has not been discharged, at least five days before the cause is set for trial. The services of such stenographic reporter shall constitute a charge against the county. (Pol. Code, 1911, § 925.) , CORONERS. Appointment — Salary — Duties. It shall be lawful for the coroner of every county, or city and county, having one hundred thousand or more inhabitants to appoint an ofliclal reporter, who shall hold office during the pleasure of the coroner. The salary of said official reporter shall be $150 per month, payable monthly out of the general fund of the county. He shall report, transcribe and certify in duplicate the testimony and proceedings of all inquests, file one copy with the coroner and the other with the county clerk, together with his shorthand notes. The report of the official reporter shall be prima facie a correct statement of such testimony and proceedings. (Statutes of 1895, p. 168. Superseded as to City and County of San Fran- cisco by its charter.) 13 COLORADO DISTRICT COURTS. Appointment— Duties. The judge of each judicial district may appoint a competent shorthand reporter to attend during any term of the court, or any part thereof, or during the trial of any cause or causes. Such reporter shall, on the direction of the court, in any case, take down in shorthand all the testimony, the rulings of the court, the exceptions taken, and oral in- structions given, and other proceedings had during the trial of any cause, and in such causes as the court may designate, and in such reasonable time after the trial as the court may appoint, shall write out the same in plain, legible longhand writing, and file it, together with the original shorthand writing, with the clerk of the court in which the cause was tried. (Mills' Ann. Stat, 1912, § 1585.) Compensation. Such reporter shall receive for his services such pay as the judge of the court may direct, to be paid from the treasury of the county wherein the court sits, not exceeding ten dollars per diem for reduc- ing the testimony to shorthand, and not exceeding twenty cents per folio of one hundred words for making transcript in longhand, when so directed by the court. The compensation to said reporter shall be paid as follows: The per diem allowance by the county in which suit may be pending, and the allowance for transcript in longhand shall be paid as other costs of the suit. (Id., § 1586.) Note: There are thirteen judicial districts in the state of Colorado, in two of which there are two judges each, in one there are three, and In the one in which the City and County of Denver is located there are five. Each judge appoints a reporter. In all the districts of the state, with the exception of the second judicial district, comprising the City and County of Denver, the per diem is fixed at ten dollars and the folio rate at twenty cents. In the City and County of Denver the compensation of the reporters has been fixed at $2,700 per annum, payable at the rate of $225 a month, and the transcript fee has been fixed at fifteen cents per folio of one hundred words, except on daily copy work, which is twenty cents per folio. COUNTY COURTS. Appointment — Duties. The judge of any county court In this state may, when in the opinion of the board of county commissioners of such county it shall be expedient or necessary, appoint a competent shorthand reporter to attend during any term of the court or any part thereof or during the trial of any cause or causes, whose duties shall be such as are now or may be hereafter provided by law for such reporters employed in the district courts of this state. (Mills' Ann. Stat., 1912, § 1689.) County Commissioners to Authorize Fees. When in the opinion of the board of county commissioners of any county it shall be expedient or neces- sary to employ a shorthand reporter for the county court of such county the board shall pass a resolution to that effect and certify the same to the county judge of said county who may thereupon appoint such reporter as provided in section one of this act. (Id., § 1690.) Compensation. Such reporter shall receive for his services such pay as the board of county commissioners may fix, to be paid from the treasury of the county, not exceeding ten dollars per diem for reducing the testimony to shorthand, and not exceeding fifteen cents per folio of one hundred words for making transcripts in longhand, when so directed by the court. The compensation to said reporter shall be paid in the same manner as is now or may be hereafter provided for such reporter in the district courts (Id § 1691.) 14 STATUTES Colo. Note: Only a few counties In the state have availed themselves of this statute, a,na the compensation is fixed well within the maximum allowed. la the City and County of Denver the compensation has been fixed at $2,400 and fifteen cents per folio for transcript. The county judges are allowed, by statute, to call in judges from other counties, to assist them in the trial of cases, and in the City and County of Denver there are practically two judges working constantly, and occasionally a third judge, and a reporter is provided for each. COUNTY COURTS— Second-class counties. Appointment — Duties — Compensation. The county judge in counties of the second class with a population of 40,000 or over may, also, appoint a competent shorthand reporter to attend during any term of the court or any part thereof, or during the trial of any cause or causes, whose duties shall be as are now or may be hereafter provided by law for such reporters em- ployed in the District Courts of this state, and to perform such other and further duties as may be required of him by the judge of the said county court. Such reporter shall receive for his services such compensation as the judge of the county court may fix, not exceeding the sum of $125.00 per month, to be paid from the treasury of the county, for reducing the testimony to shorthand and performing such other duties as may be required of him by the judge of the court; and not exceeding the sum of fifteen cents per folio of one hundred words for making transcripts in longhand, when so directed by the court. He shall present his bill to the county commission- ers duly sworn to by himself as correct, and duly certified by the judge. Such bills shall be ordered hy the county commissioners to be paid out of the fund appropriated for the expense of the county court. The allowance for transcripts in longhand shall be paid by the litigants as other costs of suit. (Laws of 1913, p. 223, § 1.) SUPREME COURT (Appellate Court.) Appointment — Compensation. Each judge of said Supreme Court is authorized to appoint one skilled stenographer, whose annual compensation shall be twelve hundred dollars, payable monthly out of the general fund of the State of Colorado. (Mills' Ann. Stat., 1912, § 1533.) 15 CONNECTICUT SUPERIOR COURT. Appointment — Qualifications — Term. The judges of the Superior Court at their annual meeting in June, 1904, and bi-ennially thereafter, shall appoint one skillful stenographer for each county, to be the official stenographer of the Superior Court therein for the term of two years from the first day of July succeeding his appointment, and until his successor is appointed and qualified, unless sooner removed by such judges for cause. (Rev. Gen. Stats. 1902, § 521; Original act Ch. 95, P. A. 1884.) Oath. Every official stenographer before entering upon the duties of his office shall be sworn to faithfully perform them, and shall then be an officer of the court. (Id., § 522.) Duties. Every official stenographer shall attend the terms and sessions of the Superior Court for which he is appointed and make accurate short- hand reports of all proceedings in said court, except arguments of counsel, and he shall, if the judge or judges of said court so direct, employ assistant stenographers to attend any term or session of said court, or any part there- of, as the judge or judges may desire. (Id., § 523.) Transcripts — Notes Filed. Every official stenographer shall, when re- quested, furnish to the court, to the state's attorney or prosecuting attorney, and to any party of record, within a reasonable time a transcript of his offi- cial notes or such portion thereof as may be desired; and whenever the court may deem it necessary, it may order a transcript of the proceedings, or any part thereof to be filed with the clerk of the trial court, and all stenographic notes taken on the trial of any case shall within thirty days after the case is submitted be filed with the clerk, but for the purpose of transcribing said notes, the stenographer may at any time withdraw the same for a reasonable time. (Id., § 524.) Vacancies, How Filled. In case of the death or resignation of the offi- cial stenographer, or his permanent inability to serve from any cause, the presiding judge of the Superior Court shall appoint a successor, and in case of his temporary absence, the presiding judge may appoint some competent person to act during such period. (Id., § 525.) Compensation — Per Diem — Transcript Fees. Official stenographers shall each receive ten dollars per day when attending court, to be paid as court expenses. When assistant stenographers are employed, as authorized by law, each of said assistants shall in like manner receive ten dollars a day for each day when attending court; and all official and assistant stenog- raphers shall be entitled in addition to the compensation hereinbefore pro- vided to ten <:ents for each folio of one hundred words when transcribed from the original shorthand notes as provided by law. The fee for a tran- script of said notes when made for the court, or the state's attorney, when aoting in his official position, and one copy each to the plaintiff and defend- ant, shall, upon the certificate of the presiding judge having so ordered said transcript be paid as other court expenses; in all other cases by the party ordering the same, and shall be furnished within a reasonable time. (Id., § 4829.) Traveling Expenses in Certain Cases. The official stenographer of the Superior Court for any county, or any assistant stenographer when acting in his stead, and the stenographer of any Court of Common Pleas, or his assistant, while attending court in a town other than that in which he resides, shall raceive in addition to the compensation now allowed by law, 16 STATUTES Conn. actual traveling expenses, the same to be taxed and paid as other court expenses. (Public Acts, 1911, ch. 269, approved Sept. 19, 1911.) SUPERIOR AND DISTRICT COURTS OF WATERBURY. Appointment— Qualifications — Term. The judges of the Superior Court at their annual meeting in June, 1903, shall appoint a skillful stenographer who shall be the official stenographer of the Superior Court at Waterbury for a term of one year from July 1, 1903, and at their annual meeting in June, 1904, and bi-ennially thereafter said judges shall appoint a skillful stenographer for the Superior Court at Waterbury, who shall hold his office for a term of two years, and until his successor is appointed and qualified, unless sooner removed by said judges for cause. By virtue of said appoint- ment, said stenographer shall also be the official stenographer of the Dis- trict Court of Waterbury. (Public Acts of 1903, Ch. 109.) Residence. Said stenographer shall be a resident of Waterbury. (Id.) Duties and Compensation. Said stenographer shall be sworn to the faithful performance of his duties, and shall have all the powers, and he subject to the same duties and receive the same compensation for attend- ance and transcripts as now provided by law for official stenographers of the Superior Court. (Id.) COURTS OP COMMON PLEAS. Stenographer Called on Request of Parties. The judge of any Court of Common Pleas, or of the District Court of Waterbury, upon the written request of any party to a cause in such court filed on or before the date on which said cause is assigned for trial, shall call in a competent stenographer to act during the trial. (Rev. Stats., 1902, § 526; Act of 1901.) Judge May Call in Stenographer. Whenever the judge of the Court of Common Pleas, the Criminal Court of Common Pleas, the District Court of Waterbury, or the judge of any city, town or police court, shall deem it necessary, he may call in a competent stenographer to take the evidence in any civil action or criminal prosecution pending in the court over which he presides. Should necessity require, any stenographer called in under the provisions of this section, or of § 526, shall employ a competent assist- ant to act for him in said courts, who shall also be sworn and be subject to the same rules and duties as said stenographer so called in. (Id., §527; Act of 1887.) Compensation. The compensation of any stenographer called in for attendance and his fees for making copies shall be fixed by the judge at a rate not greater than the rate established for the official stenographer of the Superior Court, and his fees for copies when ordered by the judge or prosecuting attorney together with his compensation shall be taxed and paid in the same manner as the other expenses of maintaining and carry- ing on the business of said court. (Id., § 528; Act of 1887.) Stenographer Called by Agreement in Certain Courts. Whenever in any Court of Common Pleas, city, borough, town or district court, or court of probate, the parties in any cause or matter pending therein, or their attor- neys, shall in writing so agree, the judge of said court may call in any com- petent and disinterested person who is capable of acting as stenographer, to act as the official stenographer in the whole, or in any portion of any case as may be agreed upon in the manner aforesaid, and the compensation of such stenographer shall be taxed as a part of the costs in such case against the party who shall finally be defeated therein or if the case or 17 Conn. SHORTHAND EEPOETEBS matter be pending in a court of probate, shall be paid by the parties in such proportion as the judge of said court shall decide; but in no case shall said compensation exceed that of the stenographer of the Superior Court. (Id., §529; Act of 1887.) Powers and Duties. Every stenographer called in and acting under the provisions of §§ 525, 526, 527 and 529, above quoted, shall be sworn and shall have the powers and be subject to the duties that are prescribed by law for the official stenographer of the Superior Court. (Id., § 530; Act of 1887.) Notes as Evidence. Evidence taken by any such stenographer shall have the same effect, and be evidence to the same extent as evidence taken by an official stenographer of the Superior Court. (Id., § 531; Act of 1887.) STATE REFEREES AND JUDGES SITTING IN CHAMBERS. Official Stnographer IVlay Be Called to Act. Whenever a judge of the Superior Court sitting in chambers, or a state referee, shall deem it neces- sary, said judge or referee may call upon the official stenographer in the county or district wherein any action pending before such judge sitting in chambers, or such referee is to be heard, to take the evidence therein. Such judge or referee shall have and may exercise all the powers now conferred by law upon a judge of the Superior Court when sitting as a court, with respect to transcripts of the official notes of such stenographer. (Public Acts of 1903, Ch. 146.) Duties and Compensation. Such stenographer when so called upon, or a competent stenographer designated by him, shall attend such hearings, and shall have all the powers and be subject to the same duties and receive the same compensation for attendance, and fees for transcript of his official notes as now authorized by law for official stenographers of the Superior Court. Such compensation for attendance and fees for copy ordered by said judge or said referee, when duly approved, shall be paid by the clerk of the Superior Court for the county in which such action Is heard in the same manner as other court expenses. (Id.) 18 DELAWARE SUPERIOR COURT, COURT OF OYER AND TERMINER, AND COURT OP GENERAL SESSIONS. Qualifications — Appointment — Removai — Oath — Bond — Compensation — Transcripts — Assistants and Compensation of — Supplies. There shall be attached to the superior court, the court of oyer and terminer, and the court of general sessions of the peace and jail delivery, a competent stenographer, who shall attend the sessions of said courts in the several counties of the state, and under the order and directions of the court, report all the evidence and proceedings. He shall be appointed by the court and shall be subject to removal at the pleasure of the court. He shall take an oath before enter- ing upon his duties, and shall file a bond in the sum of two thousand dollars for the faithful discharge of his duties. He shall receive such sum as may be approved by the court, not to exceed two thousand dollars a year, the same to be paid by the state treasurer. Within sixty days after the com- pletion of the trial, he shall make and file in the supreme court, a complete typewritten transcript in all cases appealed to the supreme court from the courts mentioned, and shall receive therefor such sum as may be approved by the court, not exceeding ten cents a folio, which sum shall be approved by the chief justice or the presiding judge, and paid by the state treasurer. When any two of the lower courts mentioned in this act shall be in session at the same time, or whenever the court stenographer shall in the opinion of any of said courts, require assistance in the typewriting or steno- graphic work necessary to be done in connection with the business of said courts, the court stenographer may designate, with the approval of the court, one or more suitable and competent typewriters or stenographers, or both, who shall be sworn as other court ofiicers are sworn, and whose acts shall have the same force and effect as if done by the official court stenog- rapher. The said typewriters or stenographers so designated shall receive for his or their work such compensation as the court shall consider proper, provided that it shall not exceed the sum of one thousand four hundred dollars for any one year, and provided further that such sum shall cover also the supplies that may be necessary to be used in connection with the typewriting and stenographic work done by said courts. All payments from this appropriation to be made by the state treasurer upon the presentation of a bill bearing on its face the approval in writing of some one of the judges of said courts. (19 Del. Laws, Ch. 253, p. 493 (1891) ; as amended by 21 Del. Laws, Ch. 115, p. 259 (1898), and 23 Del. Laws, Ch. 59, p. 94 (1905), and 27 Del. Laws, Ch. 72, p. 188 (1913.) 19 DISTRICT OF COLUMBIA There are no statutory provisions covering the District of Columbia. In 1915 the District Attorney for the District of Columbia made a contract cov- ering all criminal cases reported for the United States in Washington at 13 cents a folio for the original and 5 cents a folio for carbon copies. No per diem charge is allowed but all notes are transcribed. The Corporation Counsel for the District of Columbia in the same year made a contract for reporting cases in the civil courts to which the District is a party at 14 cents a folio, with five carbon copies furnished free to the District, and 8 cents per folio (with five free carbon copies) in case one or more copies shall be sold to other parties. For reporting in the civil circuit courts the standard rate is 25 cents for the original, and 35 cents for the original and one carbon, the cost being equally divided between the parties, but this rate is not always adhered to. Practically all cases in court in which a reporter is employed require "daily copy," as do also all Congressional committee hearings. Occasion- ally notes are taken in court without an order for immediate transcript, for- $10 per diem. For many years the rate for reporting hearings before committees of the House of Representatives was 25 cents per folio, and that for reporting Senate Committee hearings $1.25 per printed page of about 550 words. These rates have been reduced to 15 cents per folio and $1 per printed page, re- spectively. 20 FLORIDA CIRCUIT COURTS. Appointment — Term — Duties — Fees in Advance — Compensation — Tran- scripts — Eligibility. There shall be in each judicial circuit a reporter of testimony and proceedings in trials at law in the circuit court. He shall be appointed by the governor upon the recommendation of the circuit judge, and hold office during the pleasure of the governor. He shall upon the dis- cretion of the judge report the testimony and proceedings upon the trial of any criminal case in the circuit court, and upon the written demand of the attorney for either party shall do likewise in the trial of any civil cause, but he shall not be required to attend any trial out of the county in which he may reside upon the demand of any attorney, unless such attorney shall deposit or secure his mileage and at least one day's per diem. He shall receive five dollars per day for attendance in the county in which he resides, and in other counties he shall receive six dollars a day for the time actually spent in reporting and in waiting upon the order of the judge or demand of an attorney to the case, and he shall receive mileage at the rate of' five cents each way from his residence, and for each typewritten transcript fur- nished upon demand the sum of twelve and one-half cents a folio, and for each carbon copy, six cents a folio. His accounts per diem and mileage shall be certified by the judge, and, in civil cases, shall be taxed as costs, and he shall upon payment of his fees, furnish transcripts. His transcript when certified to by him shall be prima facie a correct statement of the evidence provided his certificate be acknowledged before a notary public, or some judicial officer. Females shall be eligible for this office. (Gen. Stats. 1906, §§ 1844-1849; Laws of 1903, Chap. 122, p. 61.) ESCAMBIA COUNTY. Appointment — Duties — Compensation. The judge of the court of record is empowered to appoint in all civil cases pending in said court, when either of the parties to any such suit shall so request, and in all criminal cases pending in said court, when the defendant or the county solicitor shall so request, a competent stenographer, who shall report and transcribe the testimony and the charge of the court in any such case; the duties and com- pensation of such stenographer shall be the same as those prescribed by law for the official court reporters of the circuit courts in this state, and he shall be payable in the same manner and from the same source. (Local Laws, 1913, Ch. 6587, (No. 167), §3.) 21 GEORGIA SUPERIOR AND CITY COURTS. Appointment — Oath — Duties. Each of the judges of the superior and city courts, In all circuits where there may be more divisions than one, whether the same be civil or criminal, shall appoint, and at pleasure remove, a reporter or stenographic reporter for their respective divisions of said superior or city courts of their respective circuits. Before entering upon the duties of his ofilce, such reporter shall be sworn in open court to faith- fully perform all the duties required under this division; and it shall be his duty to attend all sessions of the court for which he is appointed, and when directed by the judge as hereinafter set forth, exactly and truly to record or take stenographic notes of the testimony and proceedings in the case tried, except the arguments of counsel. (Code of 1910, § 4984, as amended by Laws of 1914, Ch. 433.) Duty in Felony Cases. Upon the trial of all felonies the judge shall require the testimony to be taken down, and when so directed the court reporter shall take stenographic notes of the testimony and proceedings, except the arguments of counsel, and in case the jury return a verdict of guilty, the testimony shall be entered on the minutes of the court, or in a book kept for that purpose. (Code of 1910, Vol. 2, § 810.) Compensation. The compensation of the stenographer for recording or taking stenographic notes and recording the evidence in such civil cases as may be agreed by counsel for plaintiff and defendant to be recorded, or in case of disagreement as aforesaid in such cases as the presiding judgp may direct to be recorded, shall be at the rate of not to exceed ten cents per hundred words, to be fixed by the judge, which fee shall be paid by the parties to the agreement upon such terms as they may prescribe for them- selves, and if no agreement is entered into as to the payment thereof, then in such manner as may be prescribed by the presiding judge. (Code of 1910, §4985.) Same — Transcript Fees in Civil Cases. The stenographic reporter for furnishing reports of evidence and other proceedings, in civil cases, shall be paid by the party requesting the same, at a rate flot to exceed ten cents a folio. (Id., § 4986.) Same — Criminal Cases. The compensation of the reporter, or steno- graphic reporter, for taking down testimony in the trial of such criminal cases as are required by law to be recorded, shall be $15 per day, which sum shall be paid by the county treasurer or other officer having charge of the county funds of the county wherein such criminal cases shall be tried, on the certificate and order of said judge as to the number of days he has been employed, but not exceeding $2500 shall be paid in" any one year for work done in that year out of the funds of any one county, except in coun- ties containing cities of over 150,000 inhabitants, in which excepted counties the board of county commissioners shall fix the compensation. In cases of conviction, the costs of reporting as proylded in this section, shall be entered up against the defendant, on which judgment the clerk of the superior court shall issue execution, the money arising therefrom to be deposited in the treasury of the county where such conviction was had, to be held as other county funds are held. Such reporter or stenographer shall, for reports of evidence and other proceedings by him furnished, be paid by the party requesting the same, at a rate of not to exceed ten cents for each one hun- dred words. (Code, 1910, Vol. 2, § 1131, as amended by Laws 1914, Ch. 432.) 22 STATUTES Ga. Same — Certain Counties. The compensation of the official stenographic reporters of the superior courts in all counties having therein a city with a population of not less than 39,000 nor more than 54,000 inhabitants shall he the sum of $125 per month, to be paid out of the treasury of the counties in which such cities are located as the court expenses are paid, such com- pensation to be in full for all services of any kind properly chargeable to and to be paid out of the treasury of such counties. The compensation of thg stenographic reporter in all the judicial circuits which now or may htreafter be established in this state having therein a city with a popula- tion of not less than 54,000 nor more than 75,000 inhabitants shall be the sum of $150 per month, such compensation to be in full for all services of any kind properly chargeable to and to be paid out of the treasury of the counties in which said cities are located, as other court expenses are paid. (Code of 1910, § 5988.) Same — Certain Circuits. In all counties in this state having cities with a population of not less than 23,000 nor more than 39,000 inhabitants accord- ing to the U. S. census of 1900 the compensation of the stenographic reporter of the judicial circuits in which said cities are situated shall be the sum of $2500 per annum to be paid monthly and to be in full for all services of any kind properly chargeable to and to be paid out of the treasury of the coun- ties in which said cities are located as other court expenses are paid. In all such counties the stenographic reporter shall turn over quarterly to the county treasurer of said counties all moneys collected by him for the re- porting and transcribing of all civil cases in said superior court. Where a defendant is sentenced as for a felony it shall be the duty of said steno- graphic reporter to file with the clerk of the superior court a brief of the testimony had in said case without further compensation. (Id., § 5989, as amended by Laws of 1912, p. 72.) Same. From and after January 1, 191?, the compensation of the steno- graphic reporter in all the judicial circuits which are now or may here- after be established in this state having therein a city with a population of not less than 65,000 nor more than 100,000 inhabitants shall be the sum of $200 per month, such compensation to be in full for all services of any kind properly chargeable to the counties in which said cities are located and to be paid out of the treasury of such counties as other court expenses are paid. (Laws of 1911, No. 203, p. 200.) Bills of Exceptions in Narrative Form. In making up the brief of evidence reguired in motions for a new trial, the evidence shall be stated in narrative form, even if it has been taken down stenographically. (Code of 1910, § 6093.) 23 HAWAII CIRCiriT COURT (First Circuit.) Appointment — Term — Compensation— Duties. The judges of the first judicial circuit, or a majority of them, shall have the appointment and re- moval of as many shorthand reporters as there are divisions of the court. Such reporters shall he sworn officers of the court and hold office during good behavior coupled with efficient discharge of their duties. They shall be subject to the orders of the presiding judge of the division of the court to which assigned. (Laws of 1915, Act 88.) Duties — Transcripts, Fees for. The duties of the shorthand reporters shall be to attend upon the court and write down all the testimony of the witnesses in shorthand, together with the proceedings and objections and exceptions of counsel, exclusive of argument, the rulings of the court, charge to the jury, and any other matter which the court may require him to re- port; he may be called upon during a hearing, by either party to the same, or by the court, to read aloud any portion of his notes theretofore taken by him, and he may be referred to at any time by the clerk of the court for the exact language of any orders from the bench. The reporter may charge not exceeding fifteen cents a folio of one hundred words for original copies of transcripts and seven and one-half cents per hundred words for carbon copies of transcripts prepared in their regular order for the purpose of appeals to the Supreme Court, and not exceeding twenty cents per folio for original copies and ten cents per folio for carbon copies when transcripts are prepared daily during the course of the trial. Fees must be paid by the party ordering same, and no reporter shall be required to perform any such service until his fees have been paid or the amount of the estimated cost deposited with the clerk of the court. (Laws of 1915, Act 88.) Qualifications. No person shall be appointed to the position of official shorthand reporter of such court except upon satisfactory evidence of good moral character, and unless he shall be a citizen of the Territory of Hawaii, and without either (1) having had three years' experience as a court report- er, which fact shall be shown to the satisfaction of the judges, or of a ma- jority of them, or (2) being first examined as to his competency by a com- mittee of three persons. The test of competency shall be as follows: Ability to write for five consecutive minutes in the presence of the commit- tee at the rate of at least one hundred and sixty words per minute on new matter and immediately read the same back without material error, and furnish a plain and accurate transcript of the same within a reasonable time thereafter. (Laws of 1915, Act 88.) CIRCUIT COURT (2d, 3d and 4th Circuits.) Appointment — Tenure — Duties. Authority is hereby conferred upon each of the circuit judges of the second, third and fourth circuits to appoint a stenographer who shall be a competent shorthand reporter, to hold office until removed by the judge by whom he is appointed. Any of the said cir- cuit judges may temporarily assign to any shorthand reporter appointed as aforesaid any appropriate duties in any court of said Territory other than the one In which he is located. (Act 208, Laws of 1915.) Note: The salaries of the shorthand reporters of the first circuit are $2,100 each; of the second circuit, $1,800; of the third circuit, $1,500; of the fourth circuit, $1,800. 24 IDAHO DISTRICT COURTS. Appointment — Qualifications. There shall be appointed within and for each of the judicial districts of this state, by each district judge, a steno- graphic reporter, who shall be well skilled in the art of stenography, and capable of reporting the oral proceedings in court, verbatim. (Rev. Codes, 1908, § 3980.) Oath — Bond — Term — Salary — Traveling Expenses. Said reporter shall take the oath required to be taken by judicial officers; give a bond to be approved by the judge of the district court, in the sum of five thousand dol- lars, conditioned for the faithful performance of his duties, which bond shall be filed In the office of the Secretary of State, hold his office during the pleasure of said judge, and shall receive a salary of two thousand five hundred dollars per annum to be paid in the same manner as the salaries of other state officers are paid. There shall be paid in addition to said salary, to each of the court reporters of the district courts, out of the state treasury, for each term of a district court held by the judge thereof, for the trial and disposition of causes and the transaction of business under the laws of the state. In other counties than that in which said court reporter resides, his actual and necessary expenses for traveling and attending each term. (Id., §3981.) Duties as to Reporting — Waiver of. The said reporter shall correctly report all oral proceedings had in said court and the testimony taken in all cases tried before said court, but the parties may, with the consent of the judge, waive the recording by such reporter of any part of the proceedings or testimony. (Id., § 3982.) Filing Notes. The reporter shall file the stenographic records and re- ports made by him with the clerk of the district court of the county in which such report was taken and was tried. (Id., § 3983.) Transcripts — Fees for — For Poor Persons — As Evidence. It shall be the duty of each reporter to furnish, on the application of the Attorney General, prosecuting attorney, or any party to a suit in which a stenograph- ic record has been made, a typewritten copy of the record, or any part thereof, for which he shall charge in addition to his salary, a fee of seven and one-half cents per hundred words, to be paid by the party requesting the same, and to be taxed as costs in the case against the party finally defeated in the action: Provided, when such copy is requested on behalf of the State, or its attorney, or by a defendant in a criminal case or his attor- ney, and when after conviction the defendant in a criminal case shall satisfy the court by affidavit or otherwise, that he is unable by reason of his pov- erty to pay for such copy, so requested by himself or his attorney, the court reporter shall furnish such copy free of charge. Such copy shall constitute prima facie the minutes of the court, and may be used on all motions for new trials, review or appeal, when the minutes of the Court may be used. (Id. §3984.) Delivery of Transcript in Thirty Days. It shall be the duty of the re- porter to deliver said copy within thirty days after being requested. (Id., § 3985.) Appointment of Deputy — Compensation of. When owing to the absence, sickness or other disability of the regular reporter, or when the business of the court demands it, the Court may appoint a substitute or deputy court reporter to act in the place of the regular reporter during such absence, 25 Idaho SHOKTHAND BEPOETEES sickness or other disability of the regular reporter, such substitute or dep- uty reporter to perform the same duties prescribed by law for the regular reporter, give such bond as is required by the court, take the same oath, and shall receive such compensation as may be allowed by the court, and when employed owing to the absence of such regular reporter, to be paid out of the salary of such regular reporter; but when such absence is on account of sickness then such compensation shall be paid out of the state treasury as the regular reporter's salary is paid: Provided, that such com- pensation shall only be paid for the time that such deputy reporter is ac- tually engaged in such work; and. Provided further, that in all criminal cases where, in the opinion of the court, the notes of the court reporter should be extended for use upon the trial of the cause, or in civil cases where, in the opinion of the court, the services of a deputy reporter are re- quired, the court may appoint an additional or substitute court reporter to aid the regular court reporter in reporting such cause, and who shall be paid a sum to be fixed by the court, to be paid as is the salary of the reg- ular court reporter. When in the opinion of the court, or of the judge thereof, the services of one or more persons are required to assist in the making of transcripts of testimony, the court or judge may by order au- thorize the reporter to employ such persons as may be necessary to facilitate the work in order that transcripts may be prepared without delay. Such assistants shall be entitled to charge and receive for their services in the preparation of transcripts the fees allowed by law therefor, the same to be paid by the reporter from the money received by him for such work. (Id., § 3987, as amended by Chap. 41, Laws 1915.) All Fees Paid to the State. All fees earned by any court reporter or his deputy under the provisions of this title in excess of those earned by assistants in the preparation of transcripts pursuant to § 3987, shall be paid to the state treasurer to be placed to the credit of the general fund of the state. Said reporter shall make a quarterly report to the state auditor of all fees earned by himself, his deputies and assistants, and said report shall be accompanied by a remittance of such excess fees. (Id., § 3988, as amend- ed by Chap. 41, Laws of 1915.) HEARINGS BEFORE REFEREE, ETC. Reporter May Be Ordered to Attend. In all actions in the District Court which are triable by the Court, or in which a jury is waived, where the parties are numerous and the convenience of the witnesses and the ends of justice would be promoted thereby, the court, or the judge thereof at cham- bers, may at any time after the service is complete and the time for ap- pearance has expired, order testimony taken at such time and place as shall be designated in such order, before the judge of said court or before a ref- eree appointed by said court or the judge thereof, or before a special judge agreed upon by the parties to the action, and the testimony so taken shall be transcribed by the court reporter and transmitted, without findings, to the clerk of the court of the county where said action is pending, and shall be received in court as evidence in said action with the same force and effect as if taken upon a trial of said cause in open court. (Provision is made for the service of the order.) The taking of testimony may be continued from day to day, and ad- journed by order of the judge of the court, or by the referee or special judge before whom the testimony shall be taken; and the judge of said court shall make such order as he may deem proper as to payment of costs in- curred In taking and transcribing such testimony. All objections made at the time to the relevancy or admissibility of evidence shall be noted, and 26 STATUTES Idaho the same may be renewed in the District Court upon the final hearing. (Id., § 6086.) BILL OP EXCEPTIONS. Transcript in Lieu Tliereof. Any party desiring to procure a review on appeal to the Supreme Court of any ruling of the District Court made during the trial, or the suflaciency of evidence to sustain the verdict or decision, in an action or special proceeding, may, in lieu of preparing, serv- ing and procuring the settlement of a hill of exceptions as in this chapter provided, procure a transcript of the testimony and proceedings, including the instructions given or refused, and exceptions thereto, on the trial, or such part thereof as may be necessary, in the following manner: He shall first procure from the district judge an order directing the reporter to pre- pare said transcript or specified portion thereof, which order shall limit the time within which the reporter shall complete and lodge the same. He shall then file said order with the clerk of the District Court, and serve a copy thereof upon the reporter, paying to him at the same time such sums as he shall demand, as the estimated cost of transcribing such part of his notes and of the proceedings as may be desired, at the rate of ten cents per folio of 100 words, which fee shall be in full payment for all services of the reporter in preparing and certifying an original and four carbon copies of said transcript, and shall be covered into the state treasury as are other fees paid to the reporter, and any balance of the estimate shall be returned by the reporter to the party depositing the same, and said party shall likewise be liable to, and shall, on demand of the reporter, pay any deficiency not covered by said estimate. It shall be the duty of the re- porter, upon service of said copy of order and receipt of his estimated fees, to forthwith prepare said transcript and to complete the same and lodge the original and copies with the Clerk of the District Court within the time allowed by said order, or within such further time as the District Judge may, by order, allow, and the reporter shall append to the transcript his certificate that the same is a true and correct copy of the testimony taken at the trial, or of such part thereof as is designated by the order. Note: § 7946a, passed in 1915, is a statute similar to the above applying to criminal cases. (After the lodging of said transcript and copies, the record is settled by the judge, after notice, as provided in this act, and when so settled said transcript shall have the force and effect of a bill of exceptions duly settled and allowed.) Exhibits introduced in the trial may be certified to the Supreme Court by the clerk without incorporating the same in the transcript, or making any copies, unless said exhibits consist of some part of the public records, in which event the same shall be copied into the record at the appropriate place by the reporter, or a copy certified by the party having lawful custody of the records may be substituted and transmitted with the exhibits. (Id., §4434; Laws of 1911, Ch. 119.) In re Appropriations. No officer, employe or State board of this state, etc., shall enter into any contract or agreement creating any expense, or incurring any liability, moral, legal or otherwise, or at all in excess of the appropriation made by law for the specific purposes for which such expen- diture is to be made, or liability incurred, unless written authority to make such expenditure or to incur such liability has been previously obtained from the State Board of Examiners of the State of Idaho. Any person or persons violating the provisions of this act shall be deemed guilty of a mis- 27 Idaho SHORTHAND BEPOETEBS demeanor, and shall be subject to removal from the position held, by order of the Governor of the State of Idaho. Any indebtedness attempted to be created against the State iB violation of the terms of this act, or any in- debtedness attempted to be created against the State in excess of the ap- propriations provided for in this Act shall be void. (Laws of 1913, Ch. 193, p. 6'46.) Note: The legislature makes an appropriation for the biennial period for the purpose of paying- assistant reporters. In cases where such appro- priation has been exhausted during the first year of the biennial period, during- the second year of the period the reporter is confronted with the above section on the one hand, and the statutes and rules of the Supreme Court as to the delivery of transcripts on the other. SUPREME COURT RULES. (Adopted June 29, 1911.) Transcript, How Secured. Where in lieu of a bill of exceptions the appellant desires to obtain a reporter's transcript, as provided in § 4484 of Ch. 119 of the laws of 1911, application for an order of the District Judge directing the reporter to prepare such transcript, if not made before the appeal is taken, must be made and forthwith transmitted to the Judge upon the perfecting of such appeal; and upon such order being made it shall be filed forthwith with the Clerk of the District Court from which the appeal is taken, and a copy thereof shall be served by appellant upon the reporter, who shall thereupon furnish the party an estimate of the cost of such transcript, and upon receipt of such estimate the appellant shall forthwith pay such fees to the reporter. (Rule 76.) Extension of Time. In no case shall the time granted for the prepara- tion of the transcript of the reporter's notes, under the provisions of § 4434, as enacted by the 1911 session of the legislature, exceed forty days, includ- ing any and all extensions granted for the purposes therein specified. Pro- vided, that in extraordinary cases, or in case of an unusually large record, or in the case of the sickness of the reporter, a party desiring an extension of time, may, upon filing afiidavits showing the cause for the same and serving the same on the adverse party and giving notice of the time and place of hearing, which shall not be less than two days, and upon such hear- ing and good cause appearing, be granted an extension or extensions, not exceeding in the whole an additional forty days. (Rule 77.) Specifications for Transcript. The Clerk of the District Court shall in the preparation of transcript on appeal, under the provisions of § 4820a, Rev. Codes, Ch. 117 of the 1911 Session Laws, use white typewriter paper of the standard legal size, unglazed and of approximately 2% lbs. weight to the ream, leaving a margin of two inches at the top and one and a half inches at the left, and shall use black record ribbon and black carbon paper. The written page shall be double spaced and the pages shall be numbered at the bottom and the folio numbers shall be written on the left margin, every ten lines being marked as a folio. Four copies may be made with carbon sheets, but the carbon copies must be plain and legible and no car- bon sheet shall be used after it is so worn as to blur or leave any letters indistinct. All transcripts shall be bound by securely fastening the same at the top, suitably stapled or tied, and covered with substantial cardboard or other equivalent flexible covers, and the same shall be bound in volumes not to exceed 400 sheets; provided a volume may be made to contain 500 pages where the same will include an entire transcript or the entire remain- der of the transcript. (Rule 78.) Reporters' Transcripts to Conform to Above, Except. All transcripts made by court reporters under the provisions of § 4434, as comprised in Ch. 28 STATUTES Idaho 119 of the Session Laws of 1911, shall be made In all respects in accordance with the provisions and requirements of the foregoing Rule 78, except that the reporter shall not number the folios. (Rule 79.) Penalty for Non-Compliance. Transcripts not prepared in accordance with Rules 78 and 79 shall not be filed by the Clerk of the Supreme Court, but shall be returned by him to the Clerk of the District Court from whom he received them, for proper preparation, and if reporters' transcripts have not been made in accordance with the requirements of these rules and of the statute, the reporter who made the same shall be required to forthwith prepare other transcripts in compliance with these rules, and no compen- sation whatever shall be allowed to either stenographer or clerk for making new transcripts in order to comply with these rules. A wilful failure to substantially comply with the statute and these rules shall subject the re- porter or clerk, as the case may be, to liability for any costs which may be incurred by either party to the action on account of such failure or neglect. (Rule 81.) 2S ILLINOIS CIRCUIT COURTS. Appointment — Term — Stenographer Pro Tern. The several judges of the circuit courts are authorized to appoint a shorthand reporter for their respective courts, whose duty shall be as hereinafter specified. The re- porter so appointed shall hold his position during the pleasure of the judges so appointing him, not, however, to extend beyond the time the judges mak- ing such appointment shall be elected for: Provided, however, that in case of the absence or disability of the reporter so appointed the presiding judge may appoint any other reporter to act in his place during such absence or disability; and provided, further, that in counties the territory of which is co-extensive with the territory of one circuit, there shall not be appointed after the passage of this act any official reporters, by any judge of said county, except when authorized by the county board, and their salary or per diem be fixed by said board. (Revised Statutes, 1903, Chap. 37, § 82a as amended by Laws 1905, page 147.) Duties — Transcripts — Compensation — Taxation of Fees. The reporter shall cause full phonographic notes of the evidence in all trials in the court for which he is so appointed to be taken down, and one transcript of the same, if desired by either party to the suit, or by their attorney, or by the judge of the court, to be forthwith correctly made and furnished to the party so desiring it. The compensation of the reporter for taking such phonographic notes shall be eight dollars per day for each day court is in session. The presiding judge of the court shall furnish to said reporter at the close of each term of court a certificate showing the amount per diem due him, and upon presentation to the county treasurer of such county he shall pay the same out of any funds of such county in his hands. Said re- porters shall be allowed to charge not to exceed ten cents per hundred words for making transcripts of said shorthand notes, to be paid in the first instance by the party on whose behalf such transcript is ordered, and allowed and taxed as costs in the suit, and the transcript when so paid for by the party ordering it and the charges for the same are taxed as costs, the same shall be filed and remain with the papers in the cause: Provided, however, that when the judge trying the case shall, of his own motion, order a transcript of said shorthand notes as hereinbefore provided, he may direct the payment of the charges therefor and the taxation of the same as costs in such manner as to him may seem just: Provided, always, that the charges for making but one transcript may be taxed as costs; the party first ordering the transcript shall have the preference, unless it shall be otherwise ordered by the court. (Revised Statutes, 1903 (Hurd), Chap. 37, § 82b as amended by Laws 1905, page 147, and Laws 1909, page 164.) Oath. The reporter shall, before entering upon the duties of his office, take and subscribe the ofiicial oath to faithfully discharge the duties of his office to the best of his knowledge and ability. (Revised Statutes, 1903, Chap. 37, § 82c. COOK COUNTY (CHICAGO). The Circuit and Superior Courts of Cook County (Chicago) fall within the provision of paragraph 1 of the Act: "There shall not be appointed after the passage of this act, any official reporters, by any judge of said county, except when authorized by the county board, and their salary or per diem fixed by said board." There are no official reporters in the Chi- cago courts appointed under the provisions of the above act. 30 STATUTES 111. Note: In 1869 there were four acts passed by the legislature providing for stenographic reporters In the Superior Court of Chicago, the Circuit Court of Cook County, the Recorder's Court of the City of Chicago, and the County Court of Cook County, and the Circuit Courts for the 9th and 18th judicial circuits. These acts were held unconstitutional as class legislation, and so are not Included In this work. COUNTY COURTS. Appointment — Term — Stenographer Pro Tem. That the several judges of the county courts in this state, in counties having a population not more than two hundred thousand, be, and they are hereby authorized to appoint a shorthand reporter for their respective courts, whose duties shall be as hereinafter specified. The reporter so appointed shall hold his position during the pleasure of the judge appointing him; not, however, to extend beyond the time the judge making such appointment shall be elected for: Provided, however, that in case of the absence or disability of such reporter, so appointed, the judge may appoint any other reporter to act in his place during such absence or disability. (Rev. Stat. 1911, Ch. 37, § 215e, page 699.) Duties and Compensation. The said reporter shall take full stenographic notes of the evidence in all trials in the court, for which be is appointed, in all cases which are appealable directly to either the Appellate or Su- preme Court, and furnish forthwith one transcript of the same correctly made to either party to the suit, upon the request of such party or his at- torney. The compensation of said reporter for taking such stenographic notes shall be fixed by the judge appointing him at any sum not exceeding five dollars per day for each day of his actual attendance upon the trials of such cases as are appealable direct to either the Appellate or Supreme Court. The judge of the court shall furnish to said reporter, at the close of each term of court, a certificate showing the amount due him at such per diem, and upon presentation to the county treasurer of such county, the county treasurer shall pay the same out of any funds of such county in his hands. Said reporters shall be allowed to charge not to exceed fifteen cents per hundred words, said amount to be fixed by the court, for making transcript of said stenographic notes to be paid in the first instance by the party on whose behalf such transcript is ordered and allowed and taxed as costs in the suit, and the transcript when so paid by the party ordering it and the charges for the same are taxed as costs, the same shall be filed and remain with the papers in the case: Provided, always, that the charge for making but one transcript may be taxed as costs, the party first ordering the trans- cript shall have the preference, unless it shall otherwise be ordered by the court. (Id.) Oath. Said reporter shall, before entering upon the duties of his oflice, take and subscribe the official oath to faithfully discharge the duties of his office to the best of his knowledge and ability. (Id.) 31 INDIANA CIRCUIT, CRIMINAL AND SUPERIOR COURTS. Appointment — Duties. The judge of each circuit, criminal or superior court of. each and every county of this state, shall appoint an oificial re- porter whose duty it shall be, whenever required by such judge, to be promptly present in said court, and to take down in shorthand the oral evidence given in all cases, including both questions and answers, and to note all rulings of the judge in respect to the admission and rejection of evidence, and the objections and exceptions thereto. (Burns' Revised Stat- utes, 1914, § 1685.) Qualifications. No person shall be ineligible to such oflBce of shorthand reporter on account of sex. The judge shall not appoint his son or daughter as such reporter. (Id., § 1686.) Oath. At the time of appointment, such reporter shall take an oath before some officer empowered to administer oaths, to faithfully perform his or her duties, as such official reporter. (Id., § 1687.) Removal — Vacancies, How Filled. Such reporter may, at any time, be removed by the judge of the court for which he was appointed, and in every case of vacancy in the office of official reporter, it shall be the duty of the judge of such court to fill the vacancy as soon after its occurrence as prac- ticable. (Id., §1688.) Transcripts — Fees in Advance. Whenever in any cause, such reporter shall be requested to do so, he shall furnish to either party a transcript of all or any part of said proceedings required by him to be taken or noted, including all documentary evidence, and it shall be his duty to furnish the same written in a plain legible longhand or typewriting as soon after being requested to do so as practicable, and he shall certify that it contains all of the evidence given in the cause: Provided, that the reporter may re- quire payment for such transcript, or that the same be satisfactorily se- cured, before he proceeds to do the work required of him. (Id., § 1689.) Compensation. The compensation of such official reporter shall be as follows: He shall be allowed a compensation of not more than five dollars per day for each day required by such judge to be in attendance upon the court as such official reporter; Provided, that in all judicial districts, wheth- er for circuit or superior courts, composed of one or more counties, one of which counties having a population of more than 80,000* as shown by the last preceding United States census, which judicial districts have more than three and less than six judges, the compensation of each of such reporters shall be eighteen hundred dollars per annum, payable out of the county treasury in installments according to the terms of such courts. Such com- pensation shall be certified, audited and paid in like manner as is provided by law for the payment of other officers for attending upon the court. Such official reporter may also collect as fees ten cents per folio of one hundred words, for making and furnishing transcripts of his shorthand notes of testimony, to be paid by the party requiring such transcript: Provided, that if any such reporter, appointed and acting under the provisions of this act, shall charge, or charge and receive, or receive any compensation in excess of that provided In this act, shall be guilty of a misdemeanor and upon conviction shall be fined a sum not less than ten dollars nor more than one hundred dollars. (As amended. Acts 1913, p. 601; Burns' Revised Statutes, 1914, §1691.) ♦Applies to Lake county only. 32 STATUTES Ind. MARION COUNTY PROBATE COURT. Appointment — Duties — Salary — Term. The judge of such probate court shall appoint a court stenographer whose duties, salary and term shall be regulated In the same manner as the court stenographer of the circuit court. (Burns' Revised Statutes, 1914, § 1629.) GRAND JURY. Appointment — Salary — Duties — Oath of Secrecy. The grand jury must select one of its number as clerk, who must take minutes of the proceed- ings, except the votes of the individual members on the finding of an in- dictment, and also of the evidence given before the grand jury, which shall be preserved for the use of the prosecuting attorney: Provided, however, that such grand jury may by unanimous vote and the consent of the court employ a stenographer at not to exceed five dollars per day, to take the minutes and evidence under the supervision of such grand jury and the clerk selected by it. Such stenographer before entering upon his or her duties shall subscribe to an oath, to be administered by the clerk of such court, that he or she will in no way reveal any of the proceedings had be- fore such grand jury. (Burns' Revised Statutes, 1914, § 1964.) POOR PERSONS— TRANSCRIPT FOR. Court May Order — Paid by County. That any poor person desiring to appeal to the supreme court or appellate court of this state from the de- cision of any circuit court or criminal court or the judge thereof, in crim- inal cases, and not having sufiicient means to procure the longhand manu- script, or transcript of the evidence taken in shorthand, by the order or permission of any of said courts or the judge thereof, the court or judge thereof shall direct the shorthand reporter to transcribe his shorthand notes of evidence into longhand, as soon thereafter as practicable, and deliver the same to such poor person; Provided, the court or the judge thereof is satisfied that such poor person has not sufiicient means to pay said re- porter for making said longhand manuscript or transcript of evidence, and such reporter may charge such compensation as is allowed by law in such cases for making and furnishing said longhand manuscript, which service of said reporter shall be paid by the court or judge thereof out of the proper county treasury. (Burns' Revised Statutes, 1914, § 1693.) 33 IOWA DISTRICT COURTS. Appointment — Duties. Each judge of the district court shall appoint a shorthand reporter who shall, upon the request of either party in a civil or a criminal case, take and report in full the oral evidence and proceed- ings in the case, and perform all duties required of him on the trial, as provided by law. (Code of 1897, § 245.) Oath — Attendance — Removal. Such reporter shall take an oath faith- fully to perform the duties 61 his office, which shall be filed in the office of the clerk. He shall attend such sessions of the court as the judge who appointed him may direct, and may be removed by the judge making such appointment. (Id., § 246.) Compensation. Shorthand reporters of the district courts shall be paid eight dollars per day for each day's attendance upon said court, under the direction of the judge, out of the county treasury where such court is held, upon the certificate of the judge holding the court; and in case the total per diem of each reporter and his substitute shall not amount to the sum of $1,600 per year, the judge appointing him shall at the end of the year apportion the deficiency so remaining unpaid among the several counties of the district, if there be more than one county in such district, in pro- portion to the number of days of court actually held by such judge in such counties, which apportionment shall be by him certified to the several coun- ty auditors, who shall issue warrants therefor to said reporter, which war- rants shall be paid by the county treasurers out of any funds in the treas- ury not otherwise appropriated. Shorthand reporters shall also receive eight cents per hundred words for transcribing their official notes, to be paid for in all cases by the party ordering the same. If a defendant in a criminal cause has perfected an appeal from a judgment against him and shall satisfy a judge of the district court from which the appeal is taken that he is unable to pay for a transcript of the evidence, such judge may order the same made at the expense of the county where said defendant was tried. Where a shorthand court reporter is required, in the discharge of his official duties, to leave the county of his residence or leave the city or town of his residence to perform such duties, he shall be paid his actual and necessary hotel and living expenses not to exceed the sum of three dollars per day and transportation expenses as shall be incurred, not exceeding in all two hundred dollars per year, which account shall be itemized and ap- proved by the presiding judge of the district court and certified to the county auditor of the county in which such expenses are incurred, and shall be paid in the same manner as the per diem of such reporter Is paid. (Sup- plemental Supp. to Code, 1915, § 254a2.) Reporting Fee Taxed as Costs. A charge of six dollars per day for reporting in all cases, except where the defendant in a criminal case is acquitted, shall be taxed as part of the costs in the case by the clerk of the court and paid into the county treasury when collected. (Supp. to Code, 1913, §254a3.) Notes or Transcripts as Evidence. The original shorthand notes of the evidence, or any part thereof, heretofore or hereafter taken upon the trial of any cause or proceeding, in any court of record of this state, by the shorthand reporter of such court, or any transcript thereof, duly certified by such reporter, when material and competent, shall be admissible in cvi- 34 STATUTES Iowa dence on any retrial of the case or proceeding in which the same were taken, and for the purposes of impeachment in any case, and shall have the same force and effect as a deposition, subject to the same objections so far as applicable. It shall be the duty of any such reporter, upon de- mand by any party to any cause or proceeding, or by the attorney of such party, when such shorthand notes are offered in evidence, to read the same before the court, judge, referee or jury, or to furnish to any person when demanded a certified transcript of the shorthand notes of the evidence, of any one or more witnesses, upon payment of his fees therefor. When the reporter taking such notes in any case or proceeding in court has ceased to be the reporter of such court, any transcript made by him therefrom, and sworn to by him before any person authorized to administer an oath as a full, true and complete transcript of the notes of the testimony of the witness a transcript of whose testimony is demanded, shall have the same force and effect as though duly certified by the reporter of said court. When any exhibit, record, or document is referred to in such shorthand notes or transcript thereof, the identity of such exhibit, record or docu- ment, as the one referred to by the witness, may be proven either by the reporter, or any person who heard the evidence of the witness given on the stand. No portion of the transcript of the shorthand notes of the evi- dence of any witness shall be admissible as such deposition, unless it shall appear from the certificate or verification thereof that the whole of the shorthand notes of the evidence of such witness, upon the trial or hearing in which the same was given, is contained in such transcript, but the party offering the same shall not be compelled to offer the whole of such tran- script. (Id., § 245a.) Report of Trial — Certificate — Bill of Exceptions. In all appealable ac- tions triable by ordinary or equitable proceedings, any party thereto shall be entitled to have reported the whole proceedings upon the trial or hear- ing, and the court or judge shall direct the reporter to make such report in writing or shorthand, which shall contain the date of the commencement of the trial, the proceedings impaneling the jury, and any objections thereto with the rulings thereon, the oral testimony at length, and all offers there- of, all objections thereto, the rulings thereon, the identification as exhibits, by letter or number or other appropriate mark, of all written or other evi- dence offered, or by sufficient reference thereto, made in the report, to make certain the object or thing offered, all objections to such evidence, and the rulings thereon, all motions or other pleas orally made and the rulings thereon, the fact that the testimony was closed, the portions of arguments objected to, when so ordered by the court, all objections thereto with the rulings thereon, all oral comments or statements of the court during the progress of the trial, and any exceptions taken thereto, the fact that the jury is instructed, all objections and exceptions to instructions given by the court on its own motion, the fact that the case is given to the jury, the return of the verdict and action thereon of whatever kind, and any other proceedings before the court, judge or jury which might be preserved and made of record by bill of exceptions, and shall note that exception was saved by the party adversely affected to every ruling made by the court or judge. Such report shall be certified by the trial judge and reporter, when demanded by either party, to the effect that it contains a full, true and complete report of all proceedings had that are required to be kept, and, when so certified, the same shall be filed by the clerk and, with all matters set out or identified therein, shall be a part of the record in such action, and constitute a complete bill of exceptions. But on a trial before a jury it shall not be necessary to take down arguments of counsel or 35 Iowa SHOETHAND EEPORTERS Statements of the court, except his rulings, when not made In the presence of the jury. (Code of 1897, § 3675.) Exceptions to Instructions Noted. All Instructioii's requested or given shall be filed by the clerk and be a part of the record, and if the giving or refusal of an instruction is excepted to, it may be noted by the shorthand reporter, and no reason for such exception need be given. (Id., § 3707.) Note: The words "and no reason for' such exception need be given" are probably by implication, but not by direct reference, repealed by Ch. 289, Acts 35th G. A., 1913. Transcript Fees Taxed as Costs. The fees of shorthand reporters for making transcripts of the notes in any case or any portion thereof, as directed by any party thereto, shall be taxed as costs, as shall also the fees of the clerk for making any transcripts of the record required on appeal, but such taxation may be revised by the supreme court on motion on the appeal, without any motion in the lower court for the retaxation of costs. (Code of 1897, § 3875.) Transcript a Part of the Record on Appeal. The translation of the original notes of the shorthand reporter, certified by him to be true and correct, shall constitute a part of the record, and shall be sent up (to the Supreme Court) in its original form in lieu of a transcript thereof when a transcript of the evidence is required (As distinguished from an abstract as required by other sections — Ed.), and shall be returned to the clerk of the court of the proper county after the cause has been determined by the supreme court. (Id., § 4122.) Taxation of Costs in Supreme Court. The court shall also tax the costs of any translation of the shorthand notes filed as provided in this chapter, and also any translation of the shorthand notes which has been made of record in the court below, upon the certificate of the clerk of such court as to the amount of such costs. (Supp. to the Code, 1913, § 4142.) Same Provisions in Criminal Cases. All the provisions relating to the mode and manner of the trial of civil actions, report thereof, translation of the shorthand reporter's notes, the making such report and transla- tion a part of the record, and in all other respects, apply to the trial of criminal actions. (Code of 1897, § 5371.) SUPERIOR COURTS. Appointment — Duties — Compensation. The judge of each superior court may appoint a shorthand reporter. All provisions relating to shorthand reporters and their duties in the district court, in so far as applicable in every respe; Id.) Note: An old act. Acts 1909, c. 160, provides for the taking of depositions by a reputable and competent stenographer or typewriter, who may take the testimony in shorthand and afterwards transcribe it, or directly upon the ma- chine; and provides what the certificate to such deposition shall contain, and that the expense of the stenographer shall be borne by the party requesting the same. 148 TEXAS DISTRICT COURTS. Appointment — Qualifications — Term. For the purpose of preserving a record in all cases for the information of the courts, jury and parties, the judges of the district courts in all judicial districts of this state composed of only one county or only a portion of one county, and of all other district courts sitting in the same counties therewith, shall appoint official short- hand reporters for such courts, who shall be well skilled in their profes- sion, who shall be sworn officers of the courts and shall hold their office during the pleasure of the court. In all other judicial districts, the district judges thereof shail appoint official shorthand reporters, and the terms of this act shall apply to such appointments. (Acts of 1911, p. 264, § 1; Ver- non's Sayles' Civil Stats., 1914, Art. 1920.) Examination and Certification. Before any person is appointed official shorthand reporter under the provisions of this act, he shall be examined as to his competency by a committee to be composed of at least three mem- bers of the bar practicing in said court, such committee to be appointed by the judge thereof. The test of competency of any applicant for the po- sition of official shorthand reporter shall be as follows: The applicant shall write in the presence of such committee at the rate of at least one hundred and seventy-five words per minute for five consecutive minutes from questions and answers submitted to him, and in computing the num- ber of words written the words "question" and "answer" appearing in the official shorthand reporter's transcript shall not be counted, and shall tran- scribe the same with accuracy. If the applicant passes this test satisfac- torily, a majority of the committee shall furnish him with a certificate of that effect, which shall be filed among the records of the court, and shall be recorded by the clerk of the court in the minutes thereof. Upon the occasion of subsequent appointments, the presentation of a certified tran- script from the clerk of the court of the certificate above mentioned shall be taken as prima facie evidence of the applicant's competency; provided, however, that if the applicant shall have been official stenographer of any district court of this state for not less than two years prior to the filing of his application for said appointment, then such examination by said com- mittee, as herein provided, shall not be necessary. (Id., § 2; Id., Art. 1921.) Oatii. Before any one shall assume the duties of official shorthand re- porter under the provisions of this act he shall, in addition to the oath required of officers by the constitution, subscribe to an oath to be adminis- tered to him by the clerk of any district court, to the effect that he will well and truly, and in an impartial manner keep a correct record of all evidence offered in any case which may be reported by him, together with the objections and exceptions thereto which may be interposed by the parties to such suit and rulings and remarks of the court in passing on the admissibility of such testimony. (Id., § 3; Id., Art. 1922.) Duties. It shall be the duty of the official shorthand reporter to attend all sessions of the court; to take full shorthand notes of all the oral testi- mony offered in every case tried in said court, together with all objections to the admissibility of testimony, the rulings and remarks of the court thereon, and all exceptions to such rulings; to preserve all shorthand notes taken in said court for future use or reference for four years, and to fur- nish to any person a transcript in question and answer form of all such evidence or other proceedings or any portion thereof, upon the payment to him of the compensation hereinafter provided. (Id., § 4; Id., Art. 1922.) 149 Tex. SHORTHAND EEPOETEiBS Transcripts — Compensation for. In case an appeal is perfected from the judgment rendered in any case, the oflBcial shorthand reporter shall tran- scribe the testimony and other proceedings recorded by him in said case in the form of questions and answers, certifying that such transcript is true and correct, and shall file the same in the oflace of the clerk of the court within such reasonable time as may be fixed by written order of the court. Said transcript shall be made in duplicate; for which said transcript the official shorthand reporter shall be paid the sum of fifteen cents per folio of one hundred words for the original copy and no charge shall be made for the duplicate copy, said transcript to be paid for by the party ordering the same on delivery, and the amount so paid shall be taxed as costs. (Id., §5; Id., Art. 1924.) Statement of Facts in Narrative Form. Upon the filing in the ofilce of the clerk of the court by the official shorthand reporter of his transcript, as provided in § 5 of this act, the party appealing shall prepare or cause to be prepared from the transcript filed by the official shorthand reporter, as provided in § 5 of this act, a statement of facts, in duplicate, which shall consist of the evidence adduced upon the trial, both oral and by deposi- tipn, stated in succinct manner and without unnecessary repetition, together with copies of such documents, sketches, maps and other matters as were used in evidence. It shall not be necessary to copy said statement of facts in the transcript of the clerk on appeal, but the same shall when agreed to by the parties and approved by the judge, or in the event of a failure of the parties to agree, and a statement of facts is prepared and certified to by the judge trying the ease, be filed in duplicate with the clerk of the court, and the original thereof shall be sent up as a part of the record in the cause on appeal. Provided, however, that the official shorthand re- porter shall, when' requested by the party appealing, prepare from the tran- script filed by the official shorthand reporter, 'as provided in § 5 of this act, a statement of facts in narrative form, in duplicate, and deliver the same to the party appealing, for which said statement of facts he shall be paid by the party appealing the sum of fifteen cents per folio of 100 words for the original copy, and no charge shall be made for the duplicate copy, and such amount shall not be taxed as costs In the case. (Id., §6; Id., Art. 2070.) Time for Filing Statements of Facts and Bilis of Exceptions. When an appeal is taken from the judgment rendered in any district court or county court, the parties to the suit shall be entitled to, and they are hereby granted thirty days after the day of adjournment of court in which to pre- pare or cause to be prepared, and to file a statement of facts and bills of exceptions; and upon good cause shown the judge trying the cause may extend the time In which to file a statement of facts and bills of exception. Provided, that the court trying such cause shall have, the power in term time or vacation, upon the application of either party, for good cause, to extend the several times as hereinbefore provided for the preparation and filing of the statement of facts and bills of exception, but the same shall not be so extended so as to delay the filing of the statement of facts, to- gether with the transcript of record, In the Appellate Court within the time prescribed by law, and when the parties fail to agree upon a statement of facts, and that duty devolves upon the court, the court shall have such time in which to do so, after the expiration of thirty days, as hereinbefore pro- vided, as the court may deem necessary, but the court in such cases shall not postpone the preparation and filing of same, together with the transcript of the record. In the Appellate Court within the time prescribed by law. Provided if the term of said court may by law continue more than eight 150 STATUTES Tex, weeks said statement of facts and bills of exception shall be filed within thirty days after final judgment shall be rendered unless the court shall by order entered of record in said cause extend the time for filing such statement and bills of exception. Provided, further, that when the parties fail to agree upon a statement of facts the judge shall not be required to prepare such statement of facts, unless the party appealing, by himself or attorney, within the time allowed for filing, shall present to the judge a statement of facts, and shall certify thereon over his signature that to the best of his knowledge and belief it is a full and fair statement of all the facts proven on the trial. Provided, that any statement of facts filed be- fore the time for filing the transcript in the appellate court expires, shall be considered as having been filed within time allowed by law for filing same. (Id., § 7; Id., Art. 2073.) Compensation — Defendant in Criminal Case Unable to Pay — Appeal Witliout Bond in Civil Cases. The ofl&cial shorthand reporter shall receive a per diem compensation of five dollars for each and every day he shall be in attendance upon the court for which he is appointed, in addition to the compensation for transcript fees as provided in this act, said compensation shall be paid monthly by the Commissioners' Court of the county in which the court sits, out of the general fund of the county, upon the certificate of the district judge. Provided, however, in districts of two or more coun- ties the official shorthand reporter shall receive a salary of $1,500 per annum, in addition to the compensation for transcript fees as provided for in this act, to be paid monthly by the counties of the district in proportion to the number of weeks provided by law for holding court in the respective coun- ties. Provided that in a district wherein in any county in the district the term may continue until the business is disposed of, each county shall pay in proportion to the time court is actually held in such county. Provided, that when any criminal case is appealed and the defendant is not able to- pay for a transcript as provided for in § 5 of this act, or to give security therefor, he may make affidavit of such fact, and upon the making and filing of such affidavit, the court shall order the stenographer to make such transcript in duplicate, and deliver them as herein provided in civil cases,, but the stenographer shall receive no pay for same, provided that should any such affidavit so made by such defendant be false he shall be prose- cuted and punished as is now provided by law for making false affidavits. In any civil case where the appellant or plaintiff in error has made the proof required to appeal his case without bond, such appellant or plaintiff in error may make affidavit of such fact, and upon the making and filing of such affidavit, the court shall order the stenographer to make a transcript as provided in § 5 of this act, and deliver same as herein provided in other cases, but the stenographer shall receive no pay for same, provided that should any such affidavit so made by such appellant or plaintiff in error be false he shall be prosecuted and punished as is now provided by law for making false affidavits. (Id., §8; Id., Arts. 1925 and 2071.) To IVIake Transcript for Parties — Compensation for. At the request ot any party to the suit it shall be the duty of the official shorthand reporter to make a transcript in typewriting of all the evidence and other proceed- ings, or any portion thereof, in question and answer form, as provided in § 5 of this act, which transcript shall be paid for at the rate of fifteen cents per folio of 100 words by and be the property of the person ordering the same. (Id., §9; Id., Art. 1926.) Stenographer's Fee Taxed as Costs. Hereafter the clerks of all courts having official shorthand reporters, as provided for in this act, shall tax as costs in each civil case, where an answer is filed, except suits for the col- 151 Tex. SHORTHAND BEPOETEBS lection of delinquent taxes, a stenographer's fee of three dollars, which •shall he paid as other costs in the case, and which shall be paid by said <;lerk, when collected, into the general funds of the county In which said <:ourt sits. (Id., § 10; Id., Art. 1927.) Appointment of Deputies— Oath and Examination. The official short- hand reporter may, with the consent of the court, appoint one or more deputies, when necessary, to assist him in the discharge of his duties; pro- Tided, however, that before any such deputy shall enter upon the discharge of his duties as official shorthand reporter he shall subscribe to the same oath hereinbefore provided for the official shorthand reporters, and shall also be required to stand such examination as to his proficiency as may be required by the court. (Id., § 11; Id., Art. 1928.) Repeai of Inconsistent Acts — Parties iVIay Prepare Statements of Facts. That Ch. 39, page 374, Acts of the First Called Session of the Thirty-first Legislature of the State of Texas, providing for the appointment of court stenographers, prescribing their duties and regulating their charges and -compensation, and all other laws or parts of laws in conflict with this act be, and the same are hereby expressly repealed; provided, however, that nothing in this act shall be so construed as to prevent parties from pre- paring statements of facts on appeal independent of the transcript of the notes of the official shorthand reporter. (Id., §13; Id., Art. 2072.) Duties in Feiony Cases — Statements of Facts and Biiis of Exceptions- Transcript Fee and How Paid, in Certain Cases. In the trial of all criminal ■cases in the district court in -which the defendant is charged with a felony, the official shorthand reporter shall keep an accurate stenographic record of all the proceedings of such trial in like manner as is provided for in civil cases, and should an appeal be prosecuted in any judgment of con- viction, whenever the State and defendant cannot agree as to the testimony of any witness, then and in such event, so much of the transcript of the ■official shorthand reporter's report with reference to such disputed fact or facts shall be inserted in the statement of facts as is necessary to show w^hat the witness testified to in regard to the same, and constitute a part of the statement of facts, and the same shall apply to the preparation of bills of exception; provided, that such stenographer's report when carried into the statement of facts or bills of exception, shall be condensed so as not to contain the questions and answers except where, in the opinion of the judge, such questions and answers may be necessary in order to eluci- ■date the fact or question involved; provided, that in all cases where the court is required to and does appoint an attorney to represent the defendant in a criminal action, that the official shorthand reporter shall be required to furnish the attorney for said defendant, if convicted, and where an ap- peal is prosecuted, with a transcript of his notes as provided in § 5 of this act, for which said services he shall be paid by the State of Texas, upon the ■certificate of the District Judge, one-half of the rate provided for herein in civil cases. (Id., § 14; Id., Art. 1933.) Special Stenographer Employed — Compensation. Where there shall be no official stenographer, the court may, and upon application of either party shall, employ a competent stenographer or other person to take down the testimony in the cause for the purpose of preserving the evidence given on the trial. In such case, reasonable compensation, not to exceed twenty •cents per hundred words, shall be allowed such stenographer to be fixed by the court and taxed in the bill of costs. (Vernon's Sayles' Civil Stats., 1914, Arts. 1930, 1931) (1295-1296.) Note: This act was in force before the Act of 1903, providing for official stenographers. While not repealed by direct reference in any subsequent act, 152 STATUTES Tex. the question whether it has been repealed by implication in the various sub- sequent acts has not been passed upon by the Supreme Court. COUNTY COURTS. Appointment in Civil Cases — Oath — Other Provisions Applicable. When- ever either party to a civil case pending in the county court shall apply therefor, the judge of the court shall appoint a competent stenographer to report the oral testimony given in such case, provided there is a competent stenographer present. Such stenographer shall take the oath herein pre- scribed, and shall receive compensation of to be not less than $5.00 per day, which shall be taxed and collected as costs; in such cases the provi- sions of this act with respect to the preparation of the statement of facts, the time to be allowed therefor, and for the presentation to the opposite party, and the approving and filing thereof by the court, shall apply to all statements of facts in civil causes tried in the county court, and all pro- visions of law governing statements of facts and bills of exceptions to be filed in district courts and the use of same on appeal shall apply to civil causes tried in the county courts. (Acts of 1911, p. 264, §12; Vernon's Sayles' Civil Stats., 1914, Art. 1932.) STATEMENT OF FACTS. (Rules of the Supreme Court of Texas, 1912.) Where the Fact Is Established. Where the evidence adduced upon the trial of a cause is sufficient to establish a fact or facts alleged by either party, the testimony of witnesses, and the deeds, wills, records or other written instruments, admitted as evidence, relating thereto, should not be stated or copied in detail into a statement of facts, but the facts thus es- tablished should be stated as facts proved in the case; provided, an in- strument, such as a note or other contract, mortgage or deed of trust that constitutes the cause of action on which the petition or answer or cross bill or intervention is founded may be copied once in the statement of facts. (Rule 72. See Vol. 142, S. W. Rep., pp. xxii and xxiii.) Where Fact is Disputed. When there is any reasonable doubt of the sufficiency of the evidence to constitute proof of any one fact under the preceding rule there may then be inserted such of the testimony of the witnesses and written instruments, or parts thereof, as relate to such facts. (Rule 73.) When Instruments Copied. When it becomes necessary to insert in a statement of facts any instrument in writing, the same shall be copied into the statement of facts before it is signed by the judge, and instruments therein only referred to and directed to be copied shall not be deemed a part of the record. (Rule 74.) Instruments Not Disputed. Where there is no dispute about, or ques- tion made upon, the validity or correctness in the form of a deed, or its record, a will or its probate, record of a court, or any written instrument adduced in evidence, it should be described (and not copied) or its legal effect as evidence stated, as a fact established. (Rule 75.) Instruments Disputed. When questions are raised on such instruments as are mentioned in the preceding rules, only so much or such parts of them shall be copied into the statement of facts as may be necessary to present the question, and the balance of them shall only be described, or presented as described in the preceding rule. (Rule 76.) Formal Parts of Depositions Not Copied. The commissions, notices and interrogatories in depositions adduced in evidence shall in no case be in- serted or copied into a statement of facts, but the evidence thus taken and 153 Tex. SHOETHAND EEPOETEES admitted shall appear in the statement of facts in the same manner as though the witness had been on the stand in giving his evidence, and not otherwise, in form or substance. (Rule 77.) Transcript of Shorthand Notes Not Copied. Neither the notes of a stenographer taken upon the trial, nor a copy thereof made at length, shall be filed as a statement of facts, but the statement made therefrom shall be condensed throughout in accordance with the spirit of the foregoing rules upon this subject. (Rule 78.) UNITED STATES COURTS OF EQUITY. Appointment — Fees. When deemed necessary by the court or officer taking testimony, a stenographer may be appointed who shall take down testimony in shorthand and, if required, transcribe the same. His fee shall be fixed by the court and taxed ultimately as costs. The expense of taking a deposition, or the cost of a transcript, shall be advanced by the party calling the witness or ordering the transcript. (Rule 50, Rules of Practice, in force Feb. 1, 1913.) REFEREES IN BANKRUPTCY. Appointment — Compensation. Referees are invested with jurisdiction, upon the application of the trustee, during the examination of the bankrupt or other proceedings, to authorize the appointment of stenographers at the expense of the estate at a compensation not to exceed ten cents per folio for reporting and transcribing the proceedings. (Bankruptcy Act of 1898, § 38, Subd. 5.) COURT OP CUSTOMS APPEALS. Appointment — Compensation — Duties. The court may appoint one sten- ographic reporter at a salary of two thousand five hundred dollars per an- num, payable in equal monthly installments, who shall hold his office during the pleasure of and perform such duties as are assigned to him by the court. Said reporter shall prepare and transmit to the Secretary of the Treasury once a week in time for publication In the Treasury Decisions copies of all decisions rendered to that date by said court, and prepare and transmit, under the direction of said court, at least once a year, reports of said decisions rendered to that date, constituting a volume. (Judicial Code, §192; Act of March 3, 1911, c. 231.) 154 UTAH DISTRICT COURTS. Appointment by Contract. The judge of a district court may employ and contract with a stenographer to report the proceedings of such court, in the manner and under the limitations hereinafter provided. In districts where there are two or more judges, each judge thereof may employ and contract with a stenographer. (Comp. Laws 1907, §721; Sess. Laws 1899.) Contract — What to Contain — Duties — Transcripts — Compensation — Term — Mileage. The judge of such district court may make a written contract with a competent person qualified to report stenographically the proceedings of the court. Said contract shall expressly provide that the stenographer shall attend all sittings of the court, when ordered to do so by the judge thereof, take full stenographic notes of the testimony and of all proceedings given or had thereat, except when the judge dispenses with his services in a particular cause, or with respect to a portion of the proceedings thereof; that the stenographer shall file with the clerk forthwith the original sten- ographic notes taken at the trial or hearing so required to he taken; that all objections made to the rulings, decisions and opinions of the court, and the exceptions taken during the trial or hearing, shall be written out at length, or typewritten by the stenographer, and filed with the clerk forth- with after the close of the trial or hearing, if required by either party to the action; that the stenographer shall furnish upon request, with all reas- onable diligence, to the defendant in a criminal cause, or a party or his at- torney in a civil cause, in which he has attended the trial or hearing, a copy written out at length from his stenographic notes of the testimony and proceedings, or a part thereof, upon the trial or hearing, upon payment by the person requiring the same, of such fees as shall be provided in said contract. Such contract shall expressly provide that the compensation of such stenographer shall be at a certain rate per day, for attendance at each sitting of the court, which shall not exceed the sum of $8, and for the compensation of such stenographer for transcribing into longhand or type- writing, his stenographic notes of the testimony and proceedings, or a part thereof, shall not exceed the sum of twelve cents per folio, and not to exceed four cents per folio for additional copies when furnished to the same party ordering the original, not exceeding two such additional copies. Such con- tract shall further provide that the said stenographer shall hold his employ- ment at the pleasure of the judge of the court appointing him, or his suc- cessor, and may also provide that said stenographer shall be paid not to exceed ten cents per mile for each mile actually traveled by him in the performance of his part of said contract: Provided, that no mileage shall be paid where free transportation is used, and the amount of such mileage shall be certified by the court to the state auditor, who shall draw his war- rant upon the state treasurer for the amount so certified, and the same shall be paid out of the state treasury. Such contract may contain such other stipulations and conditions as may be agreed upon by the said judge and the said stenographer. (Sess. Laws 1911, amending Comp. Laws 1907, § 722.) Assistants. The stenographer may, when necessary, with the consent of the court, employ an assistant, who shall receive the same compensation as the stenographer, and whose minutes, transcripts and certificates shall have the same force and effect as though made by the official stenographer. (Comp. Laws, 1907, §723, p. 377; Sess. Laws 1899.) Transcript as Bill of Exceptions. The objections and exceptions to the rulings, decisions and opinions of the court, which shall be written out by 155 Utah SHOBTHAND BEFOBTEBS the stenographer and filed with the clerk, as provided in said contract, may be settled thereafter in a bill of exceptions. (Id., § 724, p. 377; Sess. Laws 1899.) Prima Facie Evidence. The report of the stenographer so employed when written out in longhand or typewriting, and certified by him as being a correct transcript of the testimony and proceedings in the case is prima facie a correct statement of such testimony and proceedings. (Id., § 725, p. 377; Sess. Laws 1899.) Bond. Before any stenographer so employed shall enter upon the dis- charge of his duties, under the said contract, he shall give a bond with suffi- cient surety, conditioned for the faithful performance of said contract, in the sum of $2,500, or such further sum as the judge shall fix. Said bond shall run to the judge in his official capacity, but an action thereon may be maintained by any person whose rights are affected by the failure of the stenographer to perform any condition of the said contract. (Id., § 726, p. 377; Sess. Laws 1899.) Payment for Transcripts — Taxation as Costs — Where Defendant im- pecunious. In cases where a transcript has been ordered by the court, the fees for transcribing must be paid by the respective parties to the action or proceedings in equal proportion, or by such of them and in such pro- portion as the court in its discretion may order. In no case shall a tran- script be t^xed as costs unless ordered either by the plaintiff or defendant or by the court; nor shall the stenographer be required in any civil case to transcribe his notes until the fees therefor be tendered him, or a sufficient amount to cover the same be deposited in court for that purpose. The party ordering the stenographer to transcribe any portion of the testimony or proceedings must pay the fees to the stenographer therefor. If the defend- ant in a criminal case desires to have the stenographer transcribe his notes taken on the trial, he must pay the stenographer's fees therefor, or deposit a sum equivalent thereto with the clerk of the court therefor, or the court must refuse to order the stenographer to transcribe his notes; provided, that if it appears by affidavit, made by the defendant in person, that said defendant is impecunious and unable to pay the stenographer's fee for transcribing his notes, and that a transcript of the same is necessary in perfecting an appeal on behalf of the defendant, and said facts are not suc- cessfully controverted by the county attorney or by affidavit of some per- son cognizant of the facts, the court may issue an order directing that the stenographer transcribe his notes taken on the trial of the defendant, or so much thereof as the court may deem necessary, at the cost of the state. In criminal cases, where the proceedings have been taken down or transcribed upon the order of the court, the fees of the stenographer shall be certified by the court to the state auditor, who shall draw his warrant upon the state treasurer for the amount so certified, and the same shall be paid out of the state treasury. (Id. § 727, p. 377; Sess. Laws 1899.) IVIanner of Payment for Attendance. The judge of said court shall cer- tify, when requested by the stenographer, the time which he shall have been employed in attendance upon the court, except on the trial of criminal cases, and the amount to which he is entitled therefor. Upon presentation of such certificate of the judge to the county auditor, said auditor shall draw a warrant in favor of said stenographer upon the county treasurer for the amount so certified, which warrant shall be a sufficient voucher for the pay- ment of the same by the county treasurer. (Id., §728; Sess. Laws 1899.) Fee for Stenographer Coliected by Cierlc. A stenographer's fee of three dollars shall be collected by the clerk of the court, in each case, upon the 156 STATUTES Utah filing of said case, which shall be paid to the county treasurer, by the clerk, and may be taxed as costs in the action; provided, that no stenographer's fee shall be charged or collected in probate matters unless the same be con- tested, and then the fees shall be paid by the party contesting; provided, that in all actions now pending the clerk of the court shall at once collect the fee as herein provided; and provided, further, that in no case shall the state be liable for such fee. (Id., § 728x; Sess. Laws 1899.) Exemption of Judge, Etc., from Liability. Neither the judge employing and contracting with such stenographer, nor the state nor any department thereof, shall be liable to the stenographer for any compensation, fee or mileage, except as provided herein. (Id., § 728x1; Sess. Laws 1899.) CITY COURT. Wtien Stenographer IMay Be Employed. Any judge of the city court in cities of the first class may employ and contract with a competent stenog- rapher to report the proceedings in any civil case in such court, where the amount involved in controversy exceeds the sum of $100, and upon request of either party to such action. (Laws 1907, p. 83.) Compensation. The amount to be paid such stenographer shall not exceed six dollars per day for actual services rendered in reporting, and he shall be allowed to charge eight cents per folio for a transcript of his notes. The per diem shall be paid out of the city treasury. (Id., p. 83.) Fee for Stenographer Collected by Clerk. The party requesting the reporter's services shall pay to the clerk the sum of $3 as reporter's fees, and the same shall be taxed as costs in the action. (Id., p. 83.) SUPREME COURT. Appointment — Compensation. The Supreme Court is permitted to em- ploy a stenographer at a salary of $1800 per annum. (Comp. Laws 1907, § 666, as amended by Laws of 1909.) UNITED STATES DISTRICT COURT. Compensation. An order has been made by the United States judge in the District of Utah, appointing a stenographer in equity cases. The suc- cessful party may tax up $10 per diem for each full day's attendance. The transcript fee has been fixed by the court at 15 cents per folio for the original, and five cents per folio for each copy. The same transcript rate has been fixed for transcripts of evidence taken before the Standing Examiner in Chancery. JUVENILE COURTS. Appointment — Compensationi — ^Duties. In all, proceedings before the juvenile court, where the rights of the parents, parent, custodian, or guar- dian are asserted for determination, a stenographic report of the proceed- ings shall be kept and preserved. A reporter shall be provided by the ju- venile court commission for juvenile courts, who shall be paid at the rate of not to exceed $5 per day while actually on duty. Otherwise the provisions of law relating to stenographers in district courts shall govern stenographers in juvenile courts. (Comp. Laws of 1907, § 720x13; Laws of 1907, p. 211.) CORONER'S INQUESTS. Appointment — Compensation. The justice shall have the testimony given by the witnesses reduced to writing under his directions, and may 157 Utah SHOETHAND EEPOKTEBS employ a stenographer for such purpose at the same relative compensation as is now allowed to stenographers In the district courts of this state, and when such testimony shall have been taken down by the stenographer, a transcript thereof, duly certified, shall constitute the deposition of such wit- ness. (Rev. St. 1888, § 1230; Comp. L. 1907, § 1230.) TESTIMONY OF DECEASED, ETC. WITNESSES. Transcript of, Read in Evidence. Whenever in any court of record the testimony of any witness in any case shall be stenographically reported by an official court reporter, and thereafter said witness shall die, or be beyond the jurisdiction of the court in which the case is pending, either party to the record may read in evidence the testimony of said witness, when duly certified by the stenographer to be correct, in any subsequent trial of, or proceeding had, in the same cause, subject only to the same objections that might be made If said witness were upon the stand and testifying in open court. (Rev. Stat. 1898, § 3475.) PRELIMINARY EXAMINATIONS. Appointment — Transcript Prima Facie Evidence — Duties — Compensa- tion. The testimony of each witness in cases of homicide must be reduced to writing as a deposition, by the magistrate, or under his direction; and in other cases upon the demand of the prosecuting attorney. The magistrate before whom the examination shall be had may, with the consent of the county attorney, order the testimony and proceedings to be taken down in shorthand, in all examinations herein mentioned, and for that purpose he may appoint a stenographer . . . When taken down in shorthand, the transcript of the stenographer appointed as aforesaid, when written out in longhand, and certified as being a correct statement of such testimony and proceedings in the case, shall be prima facie a correct statement of such testimony and proceedings. The stenographer shall, if the defendant is held to answer the charge, within ten days after the close of such examination, transcribe his said shorthand notes into longhand, and certify and file the same with the clerk of the district court of the county in which the defend- ant shall have been examined, and shall in all cases file his original notes with said clerk. The stenographer's fees shall be paid out of the treasury of the county. (Rev. Stat. 1898, § 4670.) Use of Transcript When Attendance of Witness Cannot Be IHad. The testimony of a witness may be taken on the part of the state and used upon the trial of a defendant, provided the witness is dead, insane or out of the jurisdiction of the court. (Comp. Laws 1907, § 4685x1, p. 196.) BILLS OP EXCEPTIONS. What iWay be Contained. The stenographer's notes of the evidence may be stated. (Comp. Laws 1907, §3284; Sess. Laws of 1903, p. 33.) COSTS ON APPEAL ALLOWED. Transcripts included In. The costs to be awarded to a party as pro- vided in this and the preceding sections shall include . . . and the cost of transcribing the stenographer's notes or minutes of the trial or hearing. (Comp. Laws 1907, § 3351.) IRRIGATION AND WATER RIGHTS. All Testimony to be Stenographically Reported. All the testimony taken by any referee or referees shall be stenographically reported, and the same, together with all other evidence in the matter, shall be transmitted to, preserved, and filed in the office of the clerk of said district court, with 158 STATUTES Utab. the report of such referee or referees. (Sess. Laws 1903, p. 93; Sess. Laws 1905, p. 150.) Compensation, How Paid. The fees of referees and stenographers shall be fixed hy the court, and, together with any other expenses not herein pro- vided for that may be incurred in carrying out the provisions of this title, shall be paid out of the state treasury, upon certificates from the proper district judge to the state auditor of the amount due each person for such service. (Comp. Laws 1907, § 1288x39.) DEFINITION OF FOLIO. The term "folio" when used as a measure for computing fees, shall be construed to mean one hundred words, counting every number expressed in numerals as a word; provided, that in computing fees to be charged by the county recorder for recording any plat or map, the word "folio" shall be construed to mean one hundred numbers, letters or characters. Any por- tion of a folio, when in the whole draft or paper there shall not be a com- plete folio, or when there shall be an excess over the last folio exceeding one-half, shall be computed as a folio. (Comp. Laws 1907, § 1022, p. 468.) GRAND JURIES. Note: In the acts regarding grand juries and the persons who may be present during sessions, stenographers are omitted. An application was made In 1908 to the U. S. District Judge to have a stenographer present to talce testimony In certain U. S. cases, and this application was denied, upon the ground that no statute of the United States permitted it, and it was not authorized by common law. 159 VERMONT COUNTY AND CHANCERY COURTS. Appointment. The presiding judge of each county court, and the chan- cellor of the court of chancery in each county may each, in his discretion, appoint and employ a stenographic reporter, to make a verbatim report of the proceedings of either of said courts, at any term thereof, or in vacation; and of such proceedings in hearings before auditors, referees, commission- ers and masters in chancery, as either such presiding judge or chancellor may order to be reported, for the use and convenience of said courts and the parties having business therein. (Stats. 1906, § 1367, as amended by laws of 1908, p. 59.) j , Removal — Punishable fop Contempt. The judge or chancellor may dis- charge such reporter at any time, and shall have power at all times to make such orders against the reporter as may be necessary to compel the per- formance of the duties imposed upon him by the five following sections, and, on motion of a party aggrieved, may proceed against such reporter for contempt. (Id., § 1368.) Duties in Certain Criminal Cases. In criminal trials where the penalty is death or imprisonment in the state prison for ten years or more, the pre- siding judge may, in his discretion, procure a stenographic reporter to take down the proceedings, and cause all or any part of the same to be written out as the circumstances may require; and, in case of conviction, they shall be written out In full. In case of the decease of such judge, any judge of the supreme court may approve the account of a stenographic reporter ordered by such deceased judge to write out such proceedings. (Id., § 1369.) , Oath. Said reporter shall be sworn before entering upon his duties, and shall be responsible for the correctness of his reports and certified copies thereof made toy him or under his direction. (Id., § 1370.) Filing of Transcripts. Said reporter shall, within twenty days from the rising of the county court, file with the clerk thereof certified copies of the evidence and proceedings in all causes directed by the presiding judge of such court. Such copies shall be verbatim transcripts of the evidence and proceedings and be a part of the files of such court. (Id., § 1371.) Transcripts for Referees, Etc. Said reporter shall furnish a verbatim and certified transcript of the evidence and proceedings in every hearing reported by him, under the order of either the presiding judge or chancellor, to an auditor, referee, commissioner or master in chancery, within twenty days after the termination of such hearing. (Id., § 1372.) Transcripts for Parties — Compensation for. Said reporter shall, within twenty days from the time of receiving a request therefor, furnish a verbatim and certified transcript of the evidence and proceedings in every trial and hearing reported by him to any party in interest. If only one copy is ordered by all the parties, he shall receive five cents per folio for the same, but if more than one copy is ordered by all the parties, he shall receive five cents per folio for the first copy, and two and one-half cents per folio for each manifold copy, and in cases appealed or passing to higher courts on excep- tions, the appealing or excepting party shall have the first copy. When- ever such transcript is ordered by any party, said reporter shall notify the other parties thereof before he makes such transcript, and give them a reas- onable time to order copies thereof. (Id., § 1373, as amended by laws of 1908, p. 62.) 160 STATUTES Vt. Transcripts as Evidence. All transcripts of evidence or proceedings in a cause or hearing tried in either of such courts, or before an auditor, ref- eree, commissioner or master in chancery, ordered to he reported by the presiding judge or chancellor, and made by or under the direction of said reporter, and duly certified by him to be a verbatim transcript of his verbatim stenographic notes of such evidence or proceedings, shall be received as evidence in any action, civil or criminal, when relevant thereto. (Id., § 1374.) Compensation. The presiding judge or chancellor shall audit and allow the accounts of said reporter, and the county clerk shall thereupon pay the same out of the funds in his hands provided for the payment of court ex- penses. (Id., §1375.) MUNICIPAL COURTS. Appointment — Compensation. Each judge shall have the same power as to the appointment of a stenographic reporter as is given to the presiding judges of the county court, and such reporter shall receive not to exceed $4 a day and actual expenses, to be approved by the judge making the appoint- ment, for each day actually spent in the reporting of causes. (Laws 1915, No. 91, § 19.) 161 VIRGINIA There are no statutory provisions in this state in regard to oflacial court stenographers. WASHINGTON SUPERIOR COURTS.* Appointment— Qualifications— Term — Oatli — Bond. It Shall be the duty of each superior court judge in counties or judicial districts in the state of Washington having a population of over thirty thousand inhabitants to appoint a stenographer to be attached to the court holden by him, (except, for the sake of economy, where in counties or judicial districts having more than one judge there is not sufficient trial work to require the services of two or more official reporters, the judges of such courts may, provided their trial dockets can be satisfactorily arranged so as not to delay the trial of cases, appoint one official reporter jointly to act as official reporter for their respective courts,) who shall have had at least three years' experience as a skilled, practical court reporter, or who upon examination shall be able to report and transcribe accurately one hundred and fifty words per minute of the judge's charge or one hundred seventy-five words of testimony for five consecutive minutes; said test of efficiency in the event of inability to meet the qualifications as to length of time of experience, to be given by a com- mittee of three of the attorneys of the county or district In which the said stenographer is seeking to act as official reporter, and such stenographer shall thereupon become an officer of the court and shall be designated and known as the official reporter for the court or district for which he is ap- I)Ointed. Each official reporter so appointed shall hold office during the term of office of the judge appointing him, but may be removed for incom- petency, misconduct or neglect of duty, and before entering upon the dis- charge of his duties shall take an oath to perform faithfully the duties of his office and file a bond in the sum of two thousand dollars for the faithful discharge of his duties. No person shall be appointed to the office of official reporter who is not a citizen of and a duly qualified elector in the state of Washington. (Laws of 1913, Chap. 126, p. 386, et seq.; 3 Rem. & Bal. Code § 42-1 et seq.) Duties. It shall be the duty of each official reporter appointed under this act to attend every term of the superior court in the county or judicial district for which he is appointed, at such times as the presiding judge may direct; and upon the trial of any cause In any court, if either party to the suit or action or his attorney, request the services of the official reporter, the presiding judge shall grant such request, or upon his own motion such presiding judge may order a full report of the testimony, exceptions taken, and all other oral proceedings; in which case the official reporter shall cause accurate shorthand notes of the oral testimony, exceptions taken, and other oral proceedings had, to be taken, except when the judge and attorneys dispense with his services with respect to any portion of the proceedings •This act, passed in 1913, was held constitutional by the Supreme Court in April, 1914,' in the case of State ex rel Lindsey v. Derbyshire, 79 Wash. 227, 140 Pac' 540. 162 STATUTES Wash. therein, which notes shall be filed in the office of the clerk of the superior court where such trial is had. (Id.) Compensation. Each official reporter so appointed shall he paid a com- pensation at the rate of ten dollars per diem for every day he is actually in attendance upon said court pursuant to the direction of the court, which compensation shall be paid out of the county treasury where such court is held, as other expenses of the court are paid; and the sworn statement of the official reporter as to the numbei* of days attendance upon the court, when certified as correct by the judge presiding, shall be a sufficient vouch- er to the county auditor upon which he shall draw his warrant upon the treasurer of the county In favor of the official reporter. (Id.) Stenographer's Costs, Taxation of. In each civil action hereafter com- menced the sum of one dollar shall be paid by the plaintiff at the time of the filing of the complaint to the clerk of the court, and at the time of the appearance of the defendant, or any defendant appearing separately, there shall be paid in to the clerk of the court one dollar, and these sums so paid shall be taxed as costs in the case, and collected from the unsuccessful party in said action, and shall be known as stenographer's costs, and shall be paid by the clerk of said court into the county treasury of the county in which said action is commenced. (Id.) Transcripts, Fee for. When shorthand notes have been taken in any cause as in this act provided, if the court or either party to the suit or action or his attorney, requests a transcript of the notes into longhand, the official reporter shall make, or cause to be made, with reasonable diligence, full and accurate typewritten transcript of the testimony and other proceedings, which shall, when certified to, as hereinafter provided, be filed with the clerk of the court where such trial is had for the use of the court or parties to the action. The fees of the reporter for making such transcript shall be fifteen cents per folio of one hundred words for the original copy and five cents per folio for each carbon copy ordered before the original is made, or made at the same time as the original, and when such transcript Is ordered by any party to any such suit or action, said fees shall be paid forth- with by the party ordering the same, and in all cases where a transcript is made as provided for under the provisions of this act the cost thereof shall be taxable as costs in the case, and shall be so taxed as other costs in the case are taxed; provided, that when the defendant in any criminal cause shall present to the judge presiding satisfactory proof by affidavit or other- wise, that he is unable to pay for such transcript, the presiding judge, if in his opinion justice will thereby be promoted, may order said transcript to be made by the official reporter, in which case the official reporter shall be paid for preparing said transcript ten cents per folio for the original copy and five cents per folio for each carbon copy ordered at the same time as the original or made at the same time as the original, which transcript fee shall be paid in like manner as the per diem fees are paid as specified in § 3 of this act. (Id.) Transcript Prima Facie Evidence. The report of the official reporter when transcribed and certified to as being a correct transcript of the sten- ographic notes of the testimony, or other oral proceedings had in the matter, shall be prima facie a correct statement of such testimony or other oral proceedings had, and the same may thereafter in any civil cause be read in evidence as competent testimony when satisfactory proof is offered to the judge presiding that the witness originally giving such testimony is then dead or without the jurisdiction of the court, subject, however, to all objec- 163 Wash. SHORTHAND BEPORTEES tions the same as though such witness were present and giving such testi- mony in person. (Id.) Transcripts When Reporter Has Ceased to be Official. When the ofil- cial reporter who has taken any notes in any cause shall thereafter cease to be such official reporter, any transcript thereafter made by him there- from, or made by any competent person under the direction of the court and duly certified to by the person making the same under oath as a full, true and correct transcript of said notes, the same shall have full force and effect the same as though certified by an official reporter of said court. (Id.) Reporter Pro Tern. — Qualifications — Oath — Bond — Compensation. In the event of the absence or inability of the official reporter to act, the pre- siding judge may appoint a competent stenographer to act pro tem., who shall perform the same duties as the official reporter, and whose report when certified to shall have the same legal effect as the certified report of the official reporter. The reporter pro tem. shall possess the qualifications and take the oath prescribed for the official reporter, and shall file a like bond," and shall receive the same compensation. (Id.) To Act as Annanuensis in Certain Counties — Compensation for. In all counties or judicial districts, except counties of the first class, such official reporter shall act as amanuensis to the court where he is appointed and the court may allow him per diem therefor, as provided in this act; provided, That in no event shall the per diem for such work exceed ten days in any one calendar month. (Id.) May Withdraw Files and Exhibits Upon Receipting Therefor. Official reporters or reporters pro tem. may, without order of court, upon giving a proper receipt therefor, procure at all reasonable hours from the office of the clerk of the court, any files or exhibits necessary for use in the prepara- tion of statements of fact or transcribing portions of testimony or proceed- ings in any cause reported by them. (Id.) Supplies, When Furnished. Necessary supplies for reporting and for the preparation of transcripts in criminal cases shall be furnished by the county. Typewriters and all other supplies in all other cases shall be fur- nished by the stenographers. In counties where arrangements can be made therefor, suitable office room shall be furnished the official reporter. (Id.) Substitution of Reporters — Expenses Paid. At the request of either party to an action an official reporter from the same or any other district in the state may be substituted for the official reporter of the court in which the action is being tried for the purpose of reporting the trial of said action; provided, that the party or parties to the action requesting such substitution pay or secure to be paid to the clerk of the court the necessary traveling and hotel expenses of the official reporters so substituted as aforesaid. (Id.) Exception as to Certain Counties. This act shall not apply to any coun- ty having a population of two hundred thousand or over. (Id.) Note: This exception, at present, applies only to King county (Seattle). Former Testimony May be Read. The testimony of any witness, de- ceased, or out of the state, or for any other sufficient cause unable to appear and testify, given in a former action or proceeding, or in a former trial of the same cause or proceeding, when reported by a stenographer or reduced to writing, and certified by the trial judge, upon three days' notice to the opposite party or parties, together with service of a copy of the testimony proposed to be used, may be given in evidence on the trial of any civil action or proceeding, where it is between the same parties and relates to the same matter. (Rem. & Bal. Code, § 1247.) 164 WEST VIRGINIA CIRCUIT COURTS. Appointment— Compensation. The judges of circuit courts and of courts of limited jurisdiction' may at their discretion employ shorthand reporters to report, under such regulations as the judges may prescribe, the proceed- ings had, and the testimony given, during the trial of any cause in said courts, and may allow them a reasonable compensation for their services and expenses. (Code, 1913, §4624; Acts 1870, c. 90; 1881, c. 94; 1887, c. 20; 1893, c. 40.) Payment of Compensation. Such compensation and expenses in felony cases shall be paid by the auditor out of the state treasury; upon a certi- fied order of the judge of the court in which the service was rendered; and such compensation and expenses in misdemeanor cases shall be paid out of the county treasury of the county in which the service was rendered, upon a certified order of the judge presiding in the court in which the service was rendered; and in case of conviction in misdemeanor cases the compensation to such reporter shall be taxed in the costs against the de- fendant, and if collected repaid into the county treasury. The expenses of reporting any civil case shall be paid equally by the parties to the cause, but the expense so paid by the prevailing party shall be taxed as part of the costs recovered. (Id., §4625; Acts 1887, c. 20; 1893, c. 40.) Quaiifications — Oatli — Duties — Notes as Authority. Any shorthand re- porter so appointed, shall be competent in the practice of his art, and shall be duly qualified under oath; it shall be his duty to take full shorthand notes of the testimony in any case in which his services may be required, and such notes shall be deemed and held to be ofilcial, and the best au- thority in any matter of dispute, and a copy of the same made as here- inafter provided, shall be used by the parties to the cause in any further proceedings, wherein the use of the same may be required. (Id., § 4626; Acts 1887, c. 20.) Transcripts — Compensation. It shall be the duty of said shorthand re- porter to furnish a copy of the notes of testimony, written out in longhand, upon the request of the judge without extra charge, and in case either party to the cause shall request or require a transcript of the said notes, the stenographer shall furnish the same in longhand, and shall be entitled to be paid therefor the sum of twenty cents per each hundred words so transcribed. (Id., §4627; Acts 1887, c. 20.) Local Acts. Local acts for the following circuits have been passed: Circuit Per Diem Date of Act Code 1913 '2, 3 and 4 Fixed by judge 1901, c. 27-1 §4629 3 " 1905, c. 83-1 4630 4* tt 1915, c. 139 7 $7.50 and expenses 1915, c. 121 13 Fixed by judge 1915, c. 130 19 " 1915, c. 114 23 " 1913, c. 48 4631-7 ♦Judge of Fourth circuit authorized to employ one stenographer to assist him in clerical work required by official duties, at not to exceed $100 per month, payable monthly by the counties of the circuit pro rata. DEPOSITIONS. IVIay be Tai SHOBTHAND EEPOETEES (N. C.) Cressler v. Asheville (1905), 138 N. C. 482, 51 S. E. 53; Bucken v. South & W. R. Co. (1911), 157 N. C. 443, 73 S. E. 137; Locklear V. Savage (1912), 159 N. C. 240, 74 S. E. 347. (N. D.) O'Keefe v. Beecher (1908), 17 N. D. 404, 117 N. "W. 353. (N. T.) Pulcino v. Long Island- R. R. Co. (1908), 125 App. Dlv. 629, 109 N. Y. S. 1076. (Vt.) Josselyn v. Town of Ludlow (1872), 44 Vt. 534. The Stenographer's notes should not be included in the bill of excep- tions or statement of facts. The evidence should be set forth in those docu- ments in narrative form. (Porto Rico) People v. Robles (1906), 10 P. R. 470; Rivera v. Tibet (1906), 11 P. R. 531; Lamboglla v. School Board of Guayama (1907), 13 P. R. 51; People v. Llauger (1908), 14 P. R. 534. It is improper on appeal, even in equity cases, to print the entire stenog- rapher's minutes without elimination of immaterial testiiKony, repetitions and arguments. (Mich.) Tower v. Somerset (1906), 143 Mich. 193, 106 N. W. 874. It Is improper under Rev. 1905, § 591, to submit as a prepared case the stenographer's notes in the form of question and answer, though plaintiff sued in forma pauperis. (N. C.) Skipper v. Kingsdale Lumber Co. (1912), 158 N. C. 322, 74 S. B. 342. A bill Of exceptions should be stricken from the files when it contains a verbatim copy of the stenographer's notes, instead of a narrative thereof. (Ala.) Gassenheimer Paper Co. v. Marietta Paper Mfg. Co. (1899), 127 Ala. 183, 28 So. 564; Woodward Iron Co. v. Herndon (1900), 130 Ala. 364, 30 So. 370; L. & N. R. R. Co. v. Hall (1901), 131 Ala. 161, 32 So. 603; Birmingham Nat. Bank v. Bradley (1902), 134 Ala. 660, 31 So. 1035. (Tex.) Murphy & Co. v. Dunman (1909), 55 Tex. Civ. App. 587, 120 S. "W. 240. Before incorporating the notes of the stenographic reporter in a bill of exceptions, all matters should be eliminated which are not necessary to illus- trate the point to be presented on appeal. Unless such matters are elim- inated it is the duty of the court not only to refuse to settle the bill, but to strike it from the files. (Cal.) People v. Tetherow (1870), 40 Cal. 286; People v. PadlUla (1871), 42 Cal. 535; People v. Getty (1875), 49 Cal. 584; People v. Sprague (1879), 53 Cal. 423; People v. Taing (1879), 53 Cal. 602. Under § 997 of the Code of Civ. Pro., which provides that the record on appeal must contain so much of the evidence and other proceedings as is material to the question raised, it is proper for the court to strike out the irrelevant matter in the stenographer's notes which is Included in the pro- posed settlement of the case. (N. T.) Wierichs v. Innis (1900), 32 Misc. 462, 66 N. T. S. 553. A statement of facts consisting of the stenographer's notes in question and answer form in violation of the Acts of 1907, p. 509, was objectionable and might be stricken out on the court's own motion. (Tex.) Poitevent v. Scarborough (1909), 117 S. W. (Tex. Civ. App.) 443. The entire evidence as stenographically taken was sent up as a bill of exceptions, with no index to the record, or to the parts thereof to which the assignments of error applied. It was held that the court in such case will not examine the record critically for error. (Mich.) Pease v. Monroe (1890), 83 Mich. 475, 47 N. W. 345. In making up a record on appeal the testimony 'should be set out in narrative form, but where the exact words are in the opinion of the judge 248 Blli or EXCEPTIONS 7D necessary, he may order such part of the evidence as he believes necessaiy to be set out by question and answer. (Minn.) state ex rel v. Otis (1898), 71 Minn. 511, 74 N. W. 283. Preparation of a bill of exceptions by tacking a heading and conclusion to the usually voluminous notes of a stenographer is oppressive in its ex- pense to the parties, and imposes unnecessary labor on the court. (Mich.) Rice v. Rice (1883), 50 Mich. 448, 15 N. W. 545. Where a statement of facts prepared by the stenographer contains a great amount of matter in violation of the rules of the Supreme Court, the cost of such unnecessary matter will be imposed on appellant. (Tex.) Chaison v. McFaddln (1910), 132 S. W. (Tex. Civ. App.) 524. The appeal record was a question and answer transcript of the stenog- rapher's notes, and no reason assigned for it. Held, that such record could not be considered. (Mont.) Barger v. Halford (1890), 10 Mont. 57, 24 Pac. 699. The Massachusetts statute of 1870 providing for the appointment of stenographers in Suffolk county is to afford assistance in making up bills of exceptions, and where 200 pages which "consisted in a large part of irrel- evant details of testimony, long cross examinations and interlocutory dis- cussions," were presented; held, that the report was so irregular that it must be dismissed. (Mass.) Churchill v. Palmer (1874), 115 Mass. 310. By statute in Oregon a bill of exceptions shall not set out more of the evidence or other matter than is necessary to explain the objections. Held, that the insertion of the entire transcript of the stenographer's notes in a bill of exceptions which did not set out any objections or exceptions, does not make the transcript a part of the bill. (Or.) Nosier v. Coos Bay etc. R. & Nav. Co. (1901), 40 Or. 305, 63 Pac. 1050, 64 Pac. 855. Under Court of Appeals, Rule 10, §2 (193 Fed. vil., 112 C. C. A. vii), requiring bills of exception to recite the evidence in narrative form, a bill setting out unnecessarily a copy of the stenographer's transcript is improper. (U. S.) Wheeling Terminal By. Co. v. Tussell (1914), 209 Fed. (C. C. A.) 795. The stenographic report of the testimony, a large portion of which is in questions and answers, and counsel's objections and the rulings of the court, is not such a brief of evidence as is required. (Ga.) Russell, Admr. v. Hammock (1908), 4 Ga. App. 519, 61 S. E. 1054. The session laws requiring statements of fact on appeal to be In narra- tive form apply to all courts, whether they have an official stenographer or not. (Tex.) Peoples v. Evans (190S), 50 Tex. Civ. App. 225, 111 S. W. 756. While a stenographer's notes are material for the consultation of the trial judge in making up the case, he may not send them up of his own motion. (N. C.) Green v. Dunn (1913), 162 N. C. 340, 78 S. E. 211. The Statute making a typewritten transcript of the evidence the record on appeal does not change the Supreme Court rule requiring the transcripts in all cases to conform to certain dimensions. (Cal.) People v. Phillips (1910), 12 Cal. App. 760, 108 Pac. 731. 249 7D SHORTHAND BEPOETEBS A statement of facts containing the evidence in narrative form is suf- ficient when certified to contain all of the material evidence and testimony introduced upon the trial. (Wash.) Delaskl v. Nwn. Imp. Co. (1910), 61 "Wash. 255, 112 Pac. 341. Under Code Pub. Gen. Laws, 1904, art. 5, § 10, it is improper to include the full stenographer's report of the evidence in the bill of exceptions when it is not necessary to enable the Court of Appeals to understand the testimony. (Md.) White v. Snyder (1914), 124 Md. 395, 92 Atl. 763. 7E Party Cannot be Compelled to Incorporate Transcript in Bill of Excep- tions. The notes taken by the stenographer are not a part of the record, and appellant cannot be required to furnish a transcript of such notes to be used in the settlement of the statement of facts. (Wash.) state ex rel v. Superior Court (1896), 13 Wash. 514, 43 Pac. 636. No transcript of the evideijce In a law action is necessary on appeal where the abstract of the appe^nt purports to present the evidence intro- duced on the trial, until the appellee denies the correctness of the abstract and points out the particulars in which it is erroneous. (Iowa) Howerton v. Augustine (1909), 145 Iowa 246, 121 N. W. 373. Code § 3675 does not change the rule that the bill of exceptions need contain only such matter as will enable the court to pass on the errors assigned. ' "^ (Iowa) State v. Welsh (1899), 109 Iowa 19, 77 N. W. 369. The party desiring to make a bill of exceptions is under obligation to order no more of the testimony from the stenographer than he thinks neces- sary. If the other party wishes more he must order and pay for it himself. (Mich.) Cole v. Ingham Circuit Judg-e (1889), 77 Mich. 619, 43 N. W. 995. Upon a denial by appellee that the evidence was properly preserved, appellant must furnish a transcript from the clerk showing the proper cer- tification and filing of the shorthand notes or a transcript thereof. (Iowa) State v. Owens (1899), 109 Iowa 143, 80 N. W. 226. The court cannot require the embodiment in a proposed statement of facts of the entire transcript of the evidence and proceedings as taken by the stenographer at the trial, upon the ground that it can only then know that the statement is a proper one, for the law requires the court to know whether the proposed statement of facts is accurate from its own judgment and memory of the proceedings. ' (Wash.) State ex rel v. ClifEord (1909), 55 Wash. 440. 104 Pac. 631. No law makes it Incumbent upon a defeated party to bring evidence into the record, and where the evidence is not set out on appeal solely on account of the fault of the court stenographer, who did not properly care for his notes, and defendant was unable to obtain the testimony and put it into the bill of exceptions in accordance with the recognized practice, he is not obliged to resort to some discarded practice and trust to the memory of bystanders and the court, and thus make up a bill of exceptions; and if the instructions are erroneous under any state of facts that could have been proven under the issue, the case will be reversed. (Note: In this case the defendant was under sentence of death, and the official shorthand notes were unintentionally destroyed by being thrown into the fire at the stenographer's home by members of his family, so that 250 BIIX OF EXCEPTIONS 7B the stenographer was unable to furnish a transcript. The case was reviewed on the instructions of the court and the pleadings, without the facts being before the court. In a very vigorous dissenting opinion, it is said: "When it is recognized that a consideration of all of the proceedings had in the lower court in any manner bearing on the question raised by an Instruc- tion, might show that it was without merit, the rule must be that they must be presented here in an appropriate manner before we can say that the error worked prejudice; otherwise a defendant convicted of a crime is per- mitted to gain an advantage by not bringing up the testimony in the case.") (Colo.) King v. People (1912), 54 Colo. 122, 129 Pac. 235. A trial judge has no power to compel a party moving for a new trial to make up the brief of evidence from the official stenographer's report, or to produce the report or a copy of it to be used in verifying the brief. (Ga.) Central R. R. Co. v. Robinson (1892), 92 6a. 741, 18 S. B. 986; Bugg v. State (1913), 13 Ga. App. 672, 79 S. E. 748. There is no requirement of law that a bill of exceptions shall be pre- pared only by the official stenographer of the trial court, and that none other will be considered. However desirable it may be that the official stenog- rapher shall do this work, there is no imperative requirement that he shall do it; but on the contrary, § 385 of the Code expressly provides for the filing of a bill of exceptions attested and proved as was the bill of exceptions to which objection is urged. (Colo.) Reynolds v. Campling (1895), 21 Colo. 86, 39 Pac. 1092. 7F Filing of Transcript a Necessary Precedent. When a stenographer's notes are incorporated in a bill of exceptions by reference, a transcript must be filed before the clerk is required under a then existing statute to prepare the transcript on appeal. (Iowa) Warbasse v. Card (1887), 74 Iowa 306, 37 N. "W. 383; Ham- mond v. Wolf (1889), 78 Iowa 227, 42 N. W. 778. Under a former statute the stenographer's notes in an equity case should be certified and filed within six months from the date of the rendering of the judgment. (Iowa) Merrill v. Bowe (1886), 69 Iowa 653, 29 N. W. 766; Kavaller V. Machula (1889), 77 Iowa 121, 41 N. W. 590; Hammond v. Wolf (1889), 78 Iowa 227, 42 N. W. 778. Prior to the act of 1897, in order to make a transcript of the evidence a part of the record on appeal, it was necessary to file it in the office of the clerk before being incorporated into the bill of exceptions and signed by a judge. (Ind.) Garrett v. State (1897), 149 Ind. 264, 49 N. E. 33; Bedford Belt Ry. Co. v. McDonald (1897), 17 Ind. App. 492, 46 N. E. 1022. It is not essential that the official stenographer's original transcript shall be filed in the clerk's office before it may be incorporated into the bill of exceptions. (Ind.) B. Li. Blair Co. v. Rose (1901), 26 Ind. App. 487, 60 N. E. 10. The mere fact that the stenographer was too busy to transcribe the evi- dence, held no excuse for failure to file transcript on time. (Mo.) Stewart v. Davis (1891), 44 Mo. App. 562. A transcript of the evidence not filed in the circuit court cannot be con- sidered on appeal. (Ky.) Robertson v. Commonwealth (1912), 148 Ky. 630, 147 S. W. 1. 251 7F SHORTHAND EEPOBTEES Original transcript of evidence remains a record of the circuit couri;, although filed with the clerk of the court of appeals as part of the transcript of record In the case. (Ky.) Harbison-Walker Co. v. White (1908), 114 S. W. 250. Under Code 190.6, § 797, requiring clerks of the circuit court as soon as the transcribed stenographer's notes are received, to notify each attorney or firm interested in the case, where the clerk failed to notify one of the firms employed by a party, the notes will be stricken out on motion; but formal notice is not necessary where counsel examined the transcript after it was filed. (Miss.) Scarborough v. Harrison Naval Stores Co. (1909), 95 Miss. 497, 52 So. 143. A transcript is filed at the term "at which judgment is rendered" when it is filed at the term at which the motion for a new trial is overruled and the judgment becomes final. (Ariz.) Prescott Nat. Bk. v. Head (1907), 11 Ariz. 213, 90 Pao. 328, 21 Ann, Cas. 990. Before a transcript of the evidence originally taken in shorthand can be made use of on appeal, it must have been filed within the time designated by statute or rule of court. (Iowa) Merrill v. Bowe (1886), 69 Iowa 653, 29 N. W. 766; Kavaller v. Machula (1889), 77 Iowa 121, 41 N. W. 590; Hammond v. Wolf (1889), 78 Iowa 227, 42 N. W. 778. Upon filing notice of intention to prosecute a bill of exceptions, an order was made that the transcript be delivered by the stenographer on or before August 1st, and bill and transcript be filed on or before August 11th in clerk's office. Time for filing of the transcript was extended to October 1st. The bill and transcript were filed on October 8th, and were not acted upon by the trial judge. Held, on petition to establish the truth of the exceptions and correctness of transcript, that the time for filing the transcript not hav- ing been extended to October 8th, the court could not make such an exten- sion indirectly by establishing the truth of the exceptions, or correctness of transcript. (R. I.) McLean v. Wheelwright (1910), 31 R. I. 562, 78 Atl. 261. The provisions of the Code requiring the filing of a transcript of the record in the clerk's office of the court of appeals within sixty days after the judgment cannot be dispensed with, even by agreement of parties. (Ky.) Berge v. Commonwealth (1914), 158 Ky. 424, 165 S. W. 410; Lane v. Commonwealth (1914), 161 Ky. 329, 170 S. W. 627. Where the court allowed ninety days for filing the stenographer's notes and then before the expiration of that time allowed twenty days more, and the notes were filed after the expiration of ninety days, held, they were filed too late; and an endorsement on the notes to the effect that the moving party's counsel had examined them and found them correct, was not an agreement that the notes could be filed out of time. (Miss.) Chenault v. Adams Mach. Co. (1910), 97 Miss. 487, 52 So. 189. The Supreme Court has no jurisdiction to compel a stenographer em- ployed in the trial court to transcribe and file his notes of the evidence with- in a specified time in aid of the bill of exceptions. (Miss.) Brooks &_Co. v. Gentry (1914), 64 So. 214. Although not specifically prescribed by § 6169, Gen. St. 1909, it is the duty of appellant to procure a transcript of the shorthand notes, or so much 252 BIIX OF EXCEPTIONS 7F thereof as may be pertinent to his appeal, and have it made a part of the record before filing his abstract in the Supreme Court. (KJan.) Baker v. Readlcker (1911), 84 Kan. 489, 115 Pac. 112. An appellant who asks a consyigration of the evidence on appeal must procure a certified transcript of the notes of the oflacial stenographer. (Kan.) Underwooii Typewriter Co. v. Anderson (1911), 85 Kan. 867, 118 Pac. 879. Where neither a complete transcript of the record nor suflScient ab- stracts of it could have been filed in the appellate court within the time for perfecting an appeal, because the bill of exceptions could not be obtained from the court stenographer, a sufiacient excuse is thereby shown for failure to perfect the appeal in time. (Mo.) Wall V. Casualty Co. (1905), 11 Mo. App. 504, 86 S. "W. 491. Under sub-section 2 of § 337 of the Code, as amended by Act of 1878, the party excepting may at any time during the term at which the judgment becomes final request an extension of time to a day in the succeeding term in which to prepare and file bill of exceptions. (Ky.) Carter Coal Co. v. Clouse (1915), 163 Ky. 337, 173 S. W. 794. Upon a motion for a new trial upon the minutes of the court, provided by Rev. Codes, § 6795, it is not necessary that the stenographer's notes of the trial proceedings be transcribed. If the court can without them remem- ber the proceedings sufiSciently to enable him to decide the motion. (Mont.) State ex rel Cohn v. Second Jud. Dist. Crt. (1909), 38 Mont. 119, 99 Pac. 139. A transcript of the stenographer's notes, under Rev. Codes, § 4434, as amended by Laws 1911, c. 119, is intended for use as a part of the record on appeal, and is not required to be settled before the motion for a new trial is heard; but the stenographer's notes may be used at the hearing of the motion if necessary. (Idaho) Kelley v. Clark (1912), 21 Idaho 231, 121 Pac. 95. Transcript or bill of exceptions must be filed within the time prescribed by statute. (Ky.) Blue Grass Traction Co. v. Crosdale (1911), 143 Ky. 196, 136 S. "W. 204; Carter Coal Co. v. Clouse (1915), 163 Ky. 337, 173 S. W. 794; Carroll v. Commonwealth (1915), 164 Ky. 599, 175 S. W. 1043. Under Laws 1910, c. Ill, § 1, pars. A, D, a stenographer's transcript cannot be stricken from the record for delay in filing it or the omission to give appellee an opportunity to examine it, without a showing of material error therein. (Miss.) Newman Lumber Co. v. Lucas (1915), 67 So. 451. Under Rev. St. 1911, arts. 1924,2070, a statement of facts prepared from the stenographer's notes, no transcript of which had been filed, should be stricken, where the parties have not agreed to a statement as authorized by the article. (Tex.) Gulf, C. & S. F. Ry. Co. v. Prazak, 170 S. "W. (Tex. Civ. App.) 859. 253 8— CERTIFICATES. A Necessity for Certificate. B Sufflciency of Certification. C Time for Certifying. 8A Necessity for Certificate. Before a transcript of the evidence originally taken in shorthand can be made use of on appeal, it must be certified to as correct. (Ky.) McAllister v. Conn. Mutual Life Ins. Co. (1879), 78 Ky. 531; Forrest v. Crenshaw (1883), i Ky. Law Rep. 596, 81 Ky. 51; McKeever V. Kennedy (1897), 19 Ky. Law Rep. 845, 42 S. W. 114; Chesapeake & Ohio Co. V. Smith (1897), 101 Ky. 707, 42 S. W. 538. (Ind.) Shirk v. Coyle (1891), 2 Ind. App. 354, 27 N. B. 638. (Iowa) Richards v. Louneshury (1885), 65 Iowa 587, 22 N. W. 687; Merrill v. Bowe (1886), 69 Iowa 653, 29 N. W. 766; DeLong v. Lee (1887), 73 Iowa 53, 34 N. "W. 613; Harrison v. Snair (1889), 76 Iowa 558, 41 N. W. 41; Kavalier v. Machula (1889), 77 Iowa 121, 41 N. W. 590; Ham- mond V. Wolf (1889), 78 Iowa 227, 42 N. "W. 778. (N. M.) Territory v. Christman (1899), 9 N. Mex. 582, 58 Pac. 343. The transcript for appeal must be attested by the trial judge, as provided in § 4644, or it will not be considered on appeal. (Ky.) Mann v. Moore (1902), 23 Ky. Law Rep. 2121, 112 Ky. 725, 66 S. W. 723; Southern Ry. Co. v. Thurman (1903), 25 Ky. Law Rep. 804, 76 S. W. 499; 111. Cent. R. Co. v. Howard (1905), 27 Ky. Law Rep. 513, 85 S. W. 732; Knecht v. Louisville Tel. Co. (1905), 28 Ky. Law Rep. 456, 121 Ky. 492, 89 S. W. 508; Carter Coal Co. v. Clouse (1915), 163 Ky. 337, 173 S. W. 794. A transcript of evidence which is not properly certified cannot be considered. (Ky.) Robertson v. Commonwealth (1912), 148 Ky. 630, 147 S. W. 1. Act of April 12, 1905, providing that the stenographer's report of a trial may be certified by the judge of that court as the state of the case on appeal, does not authorize the attorneys to certify such a state of the case. (N. J.) Speiser v., North Jersey St. Ry. Co. (1906), 73 N. J. Law 413, 63 Atl. 867. P. Ij. 1905, p. 259, requiring the certification of a transcript where a stenographer is appointed, establishes the only method of bringing appeal- able rulings of the district court before the appellate court, but does not supersede P. L. 1902, p. 365, as to rulings outside of the scope of the stenog- rapher's transcript. (N. J.) Hauser v. Squire (1911), 81 N. J. Law 287, 81 Atl. 263. It is essential to the validity of the record that the stenographer's notes of evidence, exceptions, and the charge when filed of record, should be certified to as correct by the signature of the judge. The judge may BO declare either by formal bills with his seal, or he may adopt the notes of the stenographer as a verity, and so declare by his certificate at the end of the stenographic report, certifying to its correctness as a whole. (Pa.) Commonwealth ex rel v. Arnold (1894), 161 Pa. 320, 29 Atl. 270; Kerns v. Prudential Ins. Co. (1899), 11 Pa. Super. Ct. 209; Yoast v. Beatty (1899), 12 Pa. Super. Ct. 219; Rothschilds Sons Co. v. McLaughlin (1900), 12 Pa. Super. Ct. 612; Levy v. Singer Mfg. Co. (1906), 32 Pa. Super. Ct. 117; American Car & F. Co. v. Altoona etc. Ry. Co. (1907), 218 Pa. 519, 67 Atl. 838; Farley v. Altoona etc. Ry. Co. (1907), 32 Pa. Super. Ct. 413; Thompson v. Petriello (1907), 33 Pa. Super. Ct. 651. It must aflfirmatively appear of record, by the certificate of the trial judge, that the record made up by the stenographer, including the evidence and the charge, is true, and filed of record at his direction. 254 CEKTIFICATES 8A (Pa.) Philadelphia v. West Philadelphia Institute (1896), 177 Pa. 37, 33 Atl. 1012; Yoast v. Beatty (1899), 12 Pa. Super. Ct. 219; Glenn V. Strickland (1902), 21 Pa. Super. Ct. 88. The stenograplier's minutes of the testimony will be stricken out if not incorporated in a statement of facts, and it is not sufiBcient to recite that they are part of the statement, without any certificate or proof that it is all the evidence. (Wash.) Case v. Ham (1894), 9 Wash. 54, 36 Pao. 1050. The certificate of a judge who cannot read the shorthand notes does not give them the character of evidence, and when a period of six months is allowed for the certification by the judge, a transcript properly certified must be filed within that time. (Iowa) Richards v. Lounesbury (1885), 65 Iowa 587, 22 N. W. 687; Hammond v. Wolf (1889), 78 Iowa 227, 42 N. W. 778. Where the notes of testimony in an equity case have not been certi- fied by either the ofllcial stenographer or the trial judge, the appeal may be quashed. (Pa.) Thomas v. Borden (1908), 222 Pa. 184, 70 Atl. 1051. The certificate of a stenographer to a transcript of evidence cannot be permitted to impeach the certificate of the judge, even if it tended to show a contrary state of facts. The lower court may require the stenog- rapher's certificate, but it adds nothing to its verity on appeal. (Ky.) Carter Coal Co. v. Clouse (1915), 163 Ky. 337, 173 S. W. 794. Bill of exceptions purporting to make a part of the record all testimony, etc., held worthless, where testimony was identified by neither the stenog- rapher, clerk nor judge. (U. S.) Brown v. Cumberland Tel. & T. Co. (1915), 221 Fed. (C. C. A.) (La.) 261. A purported bill of exceptions containing the evidence, certified to by the reporter, but not signed by the trial judge and not showing that it was ever filed with the clerk of the trial court, cannot be considered. (Ind.) Indianapolis Outfitting Co. v. Brooks (1915), 108 N. E. (Ind. App.) 867. 8B Sufficiency of Certification. The official stenographer is often the only person who can read his notes, and he therefore should certify to the accuracy of the transcript. (Iowa) Richards v. Lounesbury (1885), 65 Iowa 587, 22 N. W. 687. (Pa.) Heyer v. Cunningham Piano Co. (1897), 6 Pa. Super Ct. 504. The person who actually takes the stenographic notes must certify them, and it is not enough if they are certified to by a deputy or in the firm name of the firm of which the stenographer is a member. (Pa.) Rosenthal v. Bhrllcher (1893), 154 Pa. 396, 26 Atl. 435; Wood- ward v. Heist (1896), 180 Pa. 161, 36 Atl. 645; Heyer v. Cunningham Piano Co. (1897), 6 Pa. Super. Ct. 504. The court will not take judicial notice of the fact that if the sy'stem of shorthand used by two reporters is the same the notes of one may be read by the other, and the latter can properly translate and certify to the translation of the notes made by the former. Therefore, when notes are taken by an assistant reporter, a transcript certified by the official reporter is not sufficient. (Iowa) Spinney v. Halliday (1902), 115 Iowa 420, 88 N. W. 939. While it is a well known fact that the stenographic notes taken by one stenographer cannot always be read and transcribed by another, yet, 255 8B SHOBTHAND EEPORTEES nevertheless, where stenographers use the same system of shorthand, the notes taken by one may be read by another familiar with that system. The stenographer who took the notes died before the same were transcribed, and they were transcribed by another stenographer who used the same system. Held, in the absence of proof that the transcription was not correct, a transcript certified by the reporter who transcribed the notes should be accepted as a true and correct translation of the notes taken on the trial. (P. I.) United States v. Choa Tong (1912), 22 Philippine 562. When the evidence on the trial in the lower court was taken, a part by the oflBcial stenographer, and the rest by another stenographer acting for him, each of the stenographers wks the "official stenographer" pro hac vice. (Miss.) Lumber Mineral Co. v. King (1910), 98 Miss. 733, 54 So. 250. Where one official reporter reported the first part of the trial and another the latter part, and there was an agreement by counsel that one reporter should certify the entire record as though he were the sol« reporter, and this was done, and each reporter transcribed the notes taken by him and certified to the same, the record was properly preserved. (Iowa) Hofacre v. Monticello (1905), 128 Iowa 239, 103 N. "W. 488. An official stenographer's certificate as to the accuracy of the transcript is a sufficient certificate. (Cal.) People v. Morine (1882), 61 Cal. 367. (Iowa) Ross V. Loomis (1884), 64 Iowa 432, 20 N. W. 749. The stenographer's certificate should state that the proceedings, evi- dence and charge were fully and accurately taken on the trial, and that the transcript is a correct translation of such notes. (Pa.) Heyer v. Cunuingliam Piano Co. (1897), 6 Pa. Super. Ct. 504. Where there is no statement of facts or bill of exceptions, but reliance is had on the reporter's transcript, great care should be exercised to have it properly authenticated by the trial judge. Under Rev. St., § 614, a report- er's transcript simply marked "Approved" by the trial judge was not a sufficient compliance with the statute. (Ariz.) Reiniger v. Besley (1914), 16 Ariz. 161, 141 Pao. 574. A certificate by the stenographer that "the foregoing is a full, true and correct transcript of the testimony and other proceedings had on the trial of the foregoing case," shows that the bill of exceptions contained all the evidence, and is sufficient. (Utah) Mitchell v. Jensen (1905), 29 Utah 346, 81 Pac. 165. The bill of exceptions was a transcript of the official stenographer's notes, with a certificate by him that it contained a full transcript of all the evidence. Held, that though the court in the certificate of the statement did not expressly state that it contained all of the evidence, yet it necessarily by implication certified to the truth of the statement by the stenographer that it contained all the evidence. (Utah) Bowman v. Ogden (1908), 33 Utah 196, 93 Pao. 561. If the certificate that "the above and foregoing is a full, true and correct transcript of all the proceedings therein" is not a technical com- pliance with § 4670 requiring the statement to be certified "as being a cor- rect statement of such testimony and proceedings in the case," and is not satisfactory, the defect is merely formal and may be amended on the trial. (Utah) State v. Vance (1910), 38 Utah 1, 110 Pac. 434. 256 CEETIFICATES 8B Prior to 1907 an uncertified transcript of the reporter's notes, while not serving as a bill of exceptions, was sufficient to serve as a statement of the evidence. (Ariz.) Leatherwood v. Richardson (1908), 11 Ariz. 278, 94 Pac. 110. A certificate to a transcript of a preliminary examination reading, "I hereby certify the foregoing to be a correct transcript of the examination in the above entitled case" held sufficient under Penal Code, § 869. (Cal.) People v. Riley (1888), 75 Cal. 98, 16 Pac. 544. Where the shorthand notes were duly certified by the trial judge but on making the transcript the reporter detached the certificate from the notes and attached it to the transcript, although unauthorized, such detachment does not affect the validity of the notes, and the original attached to the transcript will be treated as a copy. (Iowa) Steele Smith Co. v. Potthast (1899), 109 Iowa 413, 80 N. W. 517. The certificate of a stenographer to a transcript of the evidence pre- pared under Laws of 1905, § 534, is not ineffectual and the transcript is not invalid, because such certificate does not immediately follow the recital of the evidence in the record. (Kan.) Hardy v. Curry (1907), 75 Kan. 92, 89 Pac. 19. Photographs iproperly certified by the official stenographer, in the ab- sence of any suggestion that they are not true exhibits, will not be stricken out because not certified by the Circuit Court Clerk with the transcript. (Ky.) Southern Ry. Co. v. Schmidt (1909), 118 S. "W. 324. Where a shorthand report was made of a trial, under § 3675, and the notes are properly certified by the judge and reporter, a certificate to the transcript that "the within and foregoing is a full, true and complete exten- sion of the official report" is sufficient. (Iowa) Fordyoe v. Humphrey (1911), 152 Iowa 76, 131 N. W. 686. The contention that a bill of exceptions is not properly authenticated when there Is only the certificate of the stenographer that it contained all the testimony and proceedings, is not good, and the objection to such bill of exceptions cannot be considered. (Utah) State v. Delvecchio (1902), 25 Utah 18, 69 Pac. 68. Upon overruling a motion for a new trial on the ground that the verdict is contrary to the evidence, the usual and better practice is for the evi- dence to be set out In the bill of exceptions before the signature of the judge is attached; but it is not fatal error if the certificate of the judge precedes the evidence where the evidence is completely identified, and is. In effect, made a iiart of the bill of exceptions. (Va.) Jeremy Improvement Co. v. Commonwealth of Virginia (1907), 106 Va. 482, 56 S. E. 224. A shorthand reporter is an officer of the court and the filing and translation of his notes are official acts, and where they are duly certified and filed they are presumed to be correct. Therefore, held where a decree recited that all the evidence was taken down in shorthand by the reporter, and was ordered filed and made a part of the record, the record was prop- erly preserved, and that a transcript duly certified by the reporter was not required to be certified by the judge. (Iowa) Burnett v. Loughridge (1893), 87 Iowa 324, 54 N. "W. 238. A transcript must be certified to by the reporter. (This is held to be dictum in Smith v. State, 42 Neb. 356, 60 N. W. 585.) (Neb.) Speilman v. Plynn (1886), 19 Neb. 342, 27 N. W. 224. 257 SB SHORTHAND BEPOETEES Under former statutes, held that before a reporter's notes can become a part of a bill of exceptions, they must be certified to by the reporter and the judge, and a certified transcript filed within the time prescribed for filing a bill of exceptions. (But now see Code § 3652 as amended.) (Iowa) Glbbs v. Buckingham (1878), 48 Iowa 98; McCarthy v. Watrous (1886), 69 Iowa 260, 28 N. W. 602; Merrill v. Bowe (1886), 69 Iowa 653, 29 N. W. 766; Ferris v. Anderson (1887), 72 Iowa 420, 34 N. W. 186; Arts v. Culbertson (1887), 73 Iowa 13, 34 N. W. 490; Wadsworth v. Nat. Bank (1887), 73 Iowa 425, 35 N. W. 504; Harrison v. Snalr (1889), 76 Iowa 558, 41 N. W. 41. The shorthand report provided for by Code S 3675 is a substitute for the ordinary bill of exceptions, but either a formal bill of exceptions or the shorthand report properly certified must be filed within thirty days after the final determination of the case, or within a reasonable time thereafter to be fixed by the court, not to exceed ninety days. (Iowa) In re Tobey's estate (1900), 112 Iowa 581, 84 N. W. 666. Under Code §§ 3675 and 3749, the reporter's notes certified by himself and the trial judge, and filed in the office of the clerk within thirty days from the date of the judgment from which appeal is taken, constitute a bill of exceptions and make the reported evidence a part of the record. The certificate is not required to be made at once, in court or by the court, but by the judge and the reporter. (Iowa) HamlU v. Schlltz Brewing Co. (1913), 165 Io-*a 266, 143 N. "W. 99. The precise language of the statute need not be followed in the certifi- cate to the shorthand notes to constitute them the bill of exceptions. (Iowa) State v. Welsh (1899), 109 Iowa 19, 77 N. "W. 369. Where a party to a trial has filed with the clerk of the trial court a transcript of the evidence certified by the official stenographer, the stenog- rapher's certificate is sufficient to authenticate the transcript in the first instance. If it is subsequently settled by the judge on objections thereto, his certificate is sufficient to authenticate it as a full, true and complete transcript. (Kan.) Bliss v. Brown (1908), 78 Kan. 467, 96 Pac. 945. Where it was sought, under Rem. & Bal. Code, 1 1247, to introduce testimony given on a former trial, the testimony which had been certified by the trial judge, for use on appeal, need not be re-certified for use on a subse- quent trial. (Wash.) Knutson v. Moe Bros. (1913), 72 Wash. 290, 130 Pac. 347. Under Rev. Codes, § 7576, as amended by Laws 1909, p. 146, where the evidence at a preliminary examination is taken by a stenographer, his cer- tificate takes the place of the certificate of the magistrate as to the cor- rectness of the evidence. (Idaho) State v. Carlson (1913), 23 Idaho 545, 130 Pac. 463. A mere certificate by the judge to the reporter's notes, set up outside of the bill of exceptions, is insufficient. (Wis.) Semmens v. Walters (1882), 55 Wis. 682, 13 N. W. 889. A Stenographer's certificate as to the accuracy of the transcript is not a sufficient certification. (Ind.) McCormlck Harvesting Mach. Co. v. Gray (1887), 114 Ind. 340, 16 N. B. 787; L'Hommedleu v. C. W. & M. R. R. Co. (1889), 120 Ind. 435, 22 N. E. 125; Clark v. State (1890), 125 Ind. 1, 24 N. B. 744; Piscus v. Turner (1890), 125 Ind. 46, 24 N. B. 662; State v. Bercaw (1892), 132 Ind. 260, 31 N. E. 798. (Pa.) Commonwealth ex rel v. Arnold (1894), 161 Pa. 320. 29 Atl. 270. 258 CERTIFICATES 8B Code § 3675 provides that the reporter shall note in his report in short- hand or in writing the fact that the jury were instructed, together with all exceptions and objections to instructions given by the court on its own motion. Held, that neither such section nor any other provision of the code authorized the preservation of the record of such exceptions by the mere certificate of the judge and reporter that they were taken, but the record itself must show this. (Iowa) Black v. Miller (1912), 158 Iowa 29a, 138 N. "W. 535. The appellate court will not consider assignments of errors which require a consideration of the evidence, unless the stenographer's notes are properly certified and made a part of the record, and a certificate of a judge that "the report of the charge of the court and answers to plaintiff's points is substantially correct," is insufficient. (Pa.) Rothschilds Sons Co. v. McLaughlin (1900), 12 Pa. Super. Ct. 612. A stenographer's certificate of a transcript of evidence in a criminal case, that it is a full and accurate transcript of the shorthand notes of the oral evidence produced upon the trial, does not show that the transcript contains all the evidence, where there are indications that record evi- dence was admitted. (Ky.) Commonwealth v. Campbell (1906), 28 Ky. Law Rep. 1354, 91 S. W. 1128. The certificate of the stenographer certifying that the evidence con- tained in the case made is a correct and complete transcript of all his shorthand notes of all the evidence introduced or offered on the trial is not sufficient, but the case made must contain the positive averment by way of recital that it contains all the evidence submitted or introduced on the trial of the case. (Okla.) Wagner v. Sattley Mfg. Co. (1909), 23 Okla. 52, 99 Pac. 643. Under Code Civ. Proc, § 941a, etc., as amended by Laws of 1907, p. 753, a certificate by the shorthand reporter is not sufficient; the court or judge being empowered to make such a record authentic. (Cal.) Lane v. Tanner (1909), 156 Cal. 135, 103 Pac. 846. A statement of facts not certified by the trial judge, but simply authen- ticated by the affidavit of the stenographer who reported the case, will be struck out on motion. (Wash.) Adams v. Columbia Canal Co. (1908), 51 Wash. 297, 98 Pac. 741. A shorthand report of the trial was not properly certified where the certificate thereto was also written in shorthand. (Iowa) Howerton v. Augustine (1911), 153 Iowa 17, 132 N. W. 814; In re Sklllman's estate (1912), 134 N. W. 1064; Wiggins v. Swayze (1913), 139 N. W. 1075. A certificate as to the accuracy of the shorthand notes made by a judge alone, who cannot read them, is insufficient. (Iowa) Richards v. Lounesbury (1885), 65 Iowa 587, 22 N. W. 687; Merrill v. Bowe (1886), 69 Iowa 653, 29 N. W. 766. The stenographer's certificate that the bill of exceptions contains all the evidence received upon the trial is of no value for the purposes of certification. (Colo.) Pelton v. Bauer (1894), 4 Colo. App. 339, 35 Pac. 918. In the absence of a statute allowing it, a stenographer cannot certify that the transcript contains all the evidence. (Ind.) Stout V. Stout (1881), 77 Ind. 537; Marshall v. State (1886), 259 8B SHORTHAND EEPOKTEES 107 Ind. 173, 6 N. B. 142; "Wagoner v. "Wilson (1886), 108 Ind. 210, 8 N. E. 925; Lyon v. Davis (1887), 111 Ind. 384, 12 N. E. 714. (Pa.) Rosenthal v. Ehrllcher (1893), 154 Pa. 396, 26 Atl. 435; Connell V. O'Nell (1893), 154 Pa. 582, 26 Atl. 607; Commonwealth ex rel v. Arnold (1894), 161 Pa. 320, 29 Atl. 270. ^ A mere statement of the stenographer without the sanction and sig- nature of the judge -who presided at the trial is not a formal and proper certificate of the proceedings and findings had upon the trial. (S. C.) Rynerson v. Allison (1888), 30 S. C. 534, 9 S. B. 656. Where the shorthand notes upon their return to the clerk's oflice after a transcript "was made by the reporter had only a blank certificate attached, but the reporter's transcript set out a purported copy of a duly signed certificate, and the reporter on the hearing of a motion to correct the record testified that the notes when originally filed had a proper certificate attached, it "will not be assumed that the reporter is unworthy of confi- dence. Held, under the evidence, that the record should be corrected to show the notes properly certified. (Iowa) First Nat. Bank v. Elchmeler (1911), 153 Iowa 154, 133 N. "W. 454. The certificate of the reporter only to his transcript is required as to the correctness thereof upon appeal, when the trial is had before the court. Only in cases where the trial is had before a referee is the certi- ficate of the judge required. (Or.) Tallmadge v. Hooper (1900), 37 Or. 503, 61 Pac. 349; Sanborn V. Fitzpatrick (1907), 51 Or. 457, 91 Pac. 540. Under Laws 1907, c. 57, § 24, where causes are tried without a jury, the certificate of the official reporter is not alone sufficient to make the tran- script of the testimony an element in review of the case. Such transcript must in addition be properly certified as correct by the trial judge. (N. M.) street v. Smith (1909), 15 N. M. 95, 103 Pac. 644; Oliver Typewriter Co. v. Burtner (1912), 17 N. Mex. 354, 128 Pac. 62. The certificate upon a reporter's transcript of notes taken by him at an examination of a prosecuting witness before the committing magistrate, must state that the transcript is a correct statement of the testimony and proceedings, and not merely that it is a full, true and correct transcript of the shorthand notes. The certificate must be correctly written, and its absence cannot be supplied by parol evidence so as to make the tran- script admissible. (Gal.) People v. Carty (1888), 77 Cal. 213, 19 Pac. 490. The act of 1873 does not create the office of official shorthand reporter whose oath of office covers his reports of all cases, and a transcript of evidence certified by one styling himself "official shorthand reporter" Is insufficient, unless the record shows his authority to report the evidence in the particular case. (Ind.) LuckenblU v. Kreig (1899), 153 Ind. 479, 55 N. E. 259. "When testimony is given in a foreign language, and taken down steno- graphically, a transcript thereof cannot be proven by the stenographer who took the evidence, but the interpreter should be called to prove the transcript. (Cal.) People v. Ah Tut (1880), 56 Cal. 119. A certificate "that the foregoing is a true and correct transcript of the evidence taken by me in shorthand in the case" without giving the title. Is not sufficient to identify the testimony as being that taken on a hearing 260 CEETiriOATES 8B Of a motion to correct the record, especially where there Is nothing to ehow that the testimony was filed and made a part of the record. (Ark.) Murphy v. Citizens Bank (1907), 84 Ark. 100, 104 S. W. 187. Under Stats. 1903, i§ 4639, 4641 and 4644, held, that an original bill of exceptions filed in the circuit court by an order of that court could not be brought to the Court of Appeals, where it had not been attested by the circuit judge, and where it did not appear that the evidence was taken in shorthand. (Ky.) Blackburn v. Hanlon (1906), 29 Ky. Law Rep. 1290, 97 S. W. 352. The mere statement in a certificate of the reporter that "it contains all the testimony and oral proceedings" held not to be sufficient, the word "testimony" implying only sworn testimony, and not synonymous with the word "evidence." (Utah) Carter v. Cummlngs (1908), 34 Utah 315, 97 Pac. 334. "Testimony" is not a proper word to be employed in a certificate to a bill of exceptions that it contains all the evidence, to warrant an assignment of error that the evidence is insufficient to support the decision. (Utah) Crooks v. Harmon (1905), 29 Utah 304, 81 Pac. 93. Under Comp. Laws 1907, §§ 4670, 4685x1, transcript of testimony on preliminary examination for homicide, transcribed by stenographer in type- writing, testified by stenographer at trial to be correct, was not inadmissible because certificate stated transcript was in longhand when it was typewritten. (Utah) State v. Hillstrom (1915), 150 Pac. 935. 8C Time for Certifying. Under a statute requiring that the evidence in an equity case shall be certified within six months, a transcript should be certified within that time, as the transcript alone constitutes the written evidence. (Iowa) Merrill v. Bowe (1886), 69 Iowa 653, 29 N. W. 766; Ham- mond v. Wolf (1889), 78 Iowa 227, 42 N. W. 778. Under Ky. Stats., § 4644, transcripts of testimony made by the official stenographer in civil cases, when attested by the trial judge, may be taken to the Court of Appeals, and be used upon appeal without being copied. Held, that where a circuit judge made an order for filing a bill of excep- tions, but inadvertently failed to sign it, he might sign it after it had been filed in the Court of Appeals. (Ky.) Blackburn v. Hanlon (1906), 29 Ky. Law Rep. 1290, 97 S. W. 352. Under Ky. Stats., § 4644, a stenographer's transcript not attested by the judge will be stricken from the record on appeal, though there was an order by the trial court reciting that it was approved and signed, made a part of the record, and ordered to be transmitted to the clerk of the Court of Appeals without copying; but the appellee may withdraw such transcript for the purpose of having it properly attested, if it can be done, and then refile it as part of the record. (Ky.) Mann v. Moore (1902), 23 Ky. Law Rep. 2121, 112 Ky. 725, 66 S. W. 723. If it is necessary for the stenographer to certify the transcript at all, it was not necessary to do so on the day it was tendered. It is evident that the stenographer certified the transcript while it was in the hands of the court. (Ky.) Carter Coal Co. v. Clouse (1915), 163 Ky. 337, 173 S. W. 794. It is highly improper for the stenographer and the trial judge to sign the certificate to the transcript of the evidence before the transcript itself has been prepared. (Ky.) Fuson v. Commonwealth (1915), 162 Ky. 341, 172 S. W. 646. 261 9— NOTES AS EVIDENCE. A When admissible. B Inadmissibility. C Reading of Notes. D Receivable only upon showing Impossibility of procuring at- tendance of witness. E Admissible though stenographer has no independent recol- lection. F Evidence to contradict notes admissible. G Notes as best evidence. H Receivable as depositions. I Effect of erroneous admission. 9A When Admissible. An official stenographer's notes are admissible upon a subsequent trial when made so by statute. (Cal.) Reid v. Reid (1887), 73 Cal. 206, 14 Pac. 781. (111.) Pharea v. Barber (1871), 61 111. 271. When allowed by statute, notes taken on a former trial may be rea,d upon a subsequent trial of the same action. (111.) Chicago & Alton R. Co. v. Robinson (1884), 16 111. App. 229. (Ind.) Sage v. State (1890), 127 Ind. 15, 26 N. E. 667; Bass v. State (1893), 136 Ind. 165, 36 N. E. 124. (Iowa) State v. Smith (1896), 99 Iowa 26, 68 N. W. 428. (Kan.) Wright v. Wright (1897), 58 Kan. 525, 50 Pac. 444. (Maine) State v. Frederic (1879), 69 Maine 400; Noyes v. Gilraan (1880), 71 Maine 394. (Mich.) Stewart v. Port Huron First Nat. Bk. (1880), 43 Mich. 257, 5 N. W. 302; Dabar v. Crane (1885), 56 Mich. 585, 23 N. W. 323; Pickard V. Bryant (1892), 92 Mich. 430, 52 N. W. 788. (N. T.) Lawson v. Jones (1881), 1 Civ. Pro. (N. T.) 247, 61 How. Pr. 424. (S. D.) Merchants Nat. Bank v. Stebbins (1898), 10 S. D. 466, 74 N. W. 199. (U. S.) Chicago, St. P. M. & O. Ry. Co. v. Myers (1897), 25 C. C. A. 486, 80 Fed. 361. (Vt.) Quinn v. Halbert (1885), 57 Vt. 178. (Wash.) Klepsch v. Donald (1894), 8 Wash. 162, 35 Pac. 621. The requirement of § 4670 that the transcript be filed within ten days with the clerk is merely directory, and in the absence of any showing that the defendant was thereby prejudiced, it is proper to allow the same to be read and used on the trial. (Utah) State v. Vance (1910), 38 Utah 1, 110 Pac. 434. It was proper in a manslaughter trial to allow the court reporter who took stenographic notes of the accused's testimony at a former trial to state part of such testimony, where he testified to the accuracy of his report. (Tex.) Cornelius v. State (1908), 54 Tex. Cr. Rep. 173, 112 S. W. 1050. A transcript of evidence is swimissible only in the cases authorized by statute (§ 245-a, Code Supp. 1913) — a retrial, or when offered for the pur- pose of impeachment. (Iowa) Walker v. Walker (1902), 117 Iowa 609, 91 N. W. 908; In re Wiltsey's will (1904), 122 Iowa 423, 98 N. W. 294, and (1907), 135 Iowa 430, 109 N. W. 776. A transcript of the evidence may be usjed on a subsequent trial of a case to impeach the testimony of witnesses whose evidence on a former trial is contained therein. (Iowa) Hibbard v. Zenor (1891), 82 Iowa 505, 49 N. W. 63. 262 NOTES AS EVIDENCE 9A A transcript of notes taken at a former trial may be used to show ad- missions, or for impeacliment purposes. (Iowa) Ructa V. Dewey (1908), 139 Iowa 528, 116 N. "W. 1062. A transcript of the testimony taken in proceedings supplemental to execution is admissible as an admission. (Iowa) Coldren Land Co. v. Royal (1908), 140 Iowa 381, 118 N. W. 426. The transcript of the testimony of a party on a former trial may be introduced as admissions as against interest, even though no foundation has been laid for offering it for impeachment purposes. (Iowa) Lush V. Town of Parkersburg (1905), 127 Iowa 701, 104 N. W. 336. Proof of defendant's testimony on a former trial does not deprive him of his statutory right to refrain from being a witness on his retrial if he so elects, but such evidence is competent as a statement or declaration against interest. (Iowa) State v. Kimes (1911), 152 Iowa 240, 132 N. W. 180. On the retrial of a criminal case, a transcript of the testimony of a witness on the first trial who is beyond the jurisdiction of the court may be read without violating the constitutional right of the defendant to be confronted with the witnesses against him. (Iowa) State v. Kimes (1911), 152 Iowa 240, 132 N. W. 180; State v. Brown (1911), 152 Iowa 427, 132 N. W. 682; State v. Conklin (1911), 153 Iowa 216, 133 N. W. 119. Testimony taken upon a former trial is not hearsay, and may be admit- ted when proven, to impeach a witness. (Ga.) Pound v. State (1871), 43 Ga. 88. Where the stenographer who took the testimony of a witness at a former trial testified to the accuracy of his notes, the court properly per- mitted him to read from his notes for the purpose of impeaching the witness. (Tex.) Casey v. State (1906), 50 Tex. Cr. Rep. 392, 97 S. "W. 496. In a prosecution for perjury committed in a civil case, it was proper to allow the official stenographer to read in evidence a transcript of his original stenographic notes of the testimony of the accused, where it was shown that he was experienced and capable, and that the original notes had been lost. (Tex.) Barber v. State (1912), 64 Tex. Cr. Rep. 96, 142 S. W. 577. An official court stenographer who took the notes of a witness before the grand jury, may as impeaching such witness, read his notes in evidence to the jury, if he remernbers and can testify that at the time they were correctly taken, and that the notes contain all the evidence of the witness on the question at variance, although at the time he is called to testify he has no independent recollection of the testimony. (Ohio) Baum v. State (1904), 27 Ohio C. C. 569. Where witnesses have denied making certain statements at a former trial, testimony of the stenographer that they made the statements ascribed to them is competent in rebuttal, and its weight is for the jury. (Wash.) State v. Fetterly (1903), 33 Wash. 599, 74 Pac. 810. One's testimony at an inquest being admissible under Rev. Codes, § 8025, only to impeach him by showing that he had there made statements at variance with his testimony at the trial, not all of it, but only such part of it as tends to contradict his testimony at the trial is admissible. 263 9A SHOBTHAND EEPOETEBS (Mont.) Westlake v. Keating Gold Mln. Co. (1914), 48 Mont. 120, 136 Pac. 38. The testimony of a party to an action given on a former trial may be introduced against him on the second trial, though he is present in-court and may be called as a witness. (Colo.) Buddee v. Spangler (1888), 12 Colo. 216. 20 Pac. 760. It was proper to permit plaintiffs counsel to read the testimony of a witness given at a former trial, where the testimony had been read to the witness and he had stated that he did not do the acts stated in the testi- mony and did not remember having so testified. (R. I.) Carr v. Am. Locomotive Co. (1908), 29 R. I. 276, 70 Atl. 196. The fact that a witness gave contrary testimony on a former trial may be shown by a witness who heard the testimony on the former trial, though it may also be shown by stenographic notes or bill of exceptions. (Ind.) Dotterer v. State (1909), 172 Ind. 357, 88 N. E. 689. Where, in the trial for an alleged felony, a witness is called by the state who has testified about the same facts at the preliminary examination, and the defense produces and offers in evidence a transcript of the court stenographer's notes taken at the preliminary examination, claiming a material variance, such transcript should usually be admitted in evidence. (Kan.) state v. Berger (1912), 87 Kan. 479, 124 Pac. 400. A shorthand report of the testimony of defendant as a witness before the grand jury was properly admitted in evidence at the trial for the pur- pose of impeaching defendant, where the stenographer who took down the evidence testified, before reading the same, that it was a true and complete report thereof, although he testified that he had no independent recollection of defendant's testimony independent of the shorthand copy thereof. (Ind.) Higgins v. State (1901), 157 Ind. 57, 60 N. E. 685. In a civil action for assault and battery, it was not error to admit evi- dence of a witness taken in shorthand on the trial of the defendant for assault with intent to commit great bodily injury on plaintiff, involving the same assault, in which such witness was fully cross-examined, where the proper foundation was laid, and the reporter who took the notes testified at the civil trial as to what the witness said in the criminal trial. (Iowa) Kreuger v. Sylvester (1897), 100 Iowa 647, 69 N. W. 1059. The admissions made by the accused while testifying on the trial of a civil case may be proved by the court stenographer, and for such purpose he may refer to and read from a transcript of his notes after laying a proper foundation by showing that they were correctly taken and transcribed. (N. D.) state v. Longstreth (1909), 19 N. D. 268, 121 N. W. 1114. Where on the trial of a will a witness for contestants had testified that the testator in giving his evidence in a certain action was incoherent, and on cross-examination said he had the stenographer's notes of his evidence in the action, that the stenographer was not sworn but the witness said the notes were substantially correct, and on motion the proponents to contradict were permitted to read the notes to the jury, held, no error. (W. Va.) Kerr v. Lunsford (1888), 31 W. Va. 659, 8 S. B. 493, 2 L. R. A. 668. The oflacial stenographic reporter of the court who had taken down the evidence at the trial in a criminal case was put upon the stand in a civil cause for malicious prosecution and allowed to testify as to the evi- dence given by a witness at the criminal trial, but beyond the jurisdiction of the court at the trial of the civil case. He read from his official notes. 264 NOTES AS EVIDENCE 9A The objection that the plaintiff might have taken the deposition of the witness or produced him was not well taken. For the purpose of showing want of probable cause, the reporter was as competent to testify as the witness, and if the witness had been in the court room it is highly probable that his memory as to the evidence given at the trial would not have been BO accurate as the official report of it. (Colo.) Brown v. WiHoughby (1879), 5 Colo. 1. The stenographer's minutes of the testimony of a saloon keeper on a prosecution for drunkenness of one to whom he had sold liquor, are admis- sible in an action under the civil damage act against the saloonist by the wife of the person convicted. (Mich.) Liucker v. Llske (1897), 111 Mich. 683, 70 N. W. 421. A Stenographer's transcript of his shorthand notes taken at the coron- er's inquest is properly admitted in a murder trial as original; though, if it be desired to impeach the correctness of the transcript, comparison may be had with the original notes. (Ala.) Godau v. State (1913), 179 Ala. 27, 60 So. 908. In any case where a stenographer's report is admissible in evidence, a duly certified copy thereof may be received. (Neb.) Speilman v. Flynn (1886), 19 Neb. 342, 27 N. W. 224. When it appears that the original transcript has been lost, and that a witness who testified on a former trial is too infirm to be present and testify, a carbon copy of the original transcript may be read in evidence, if identified by the official stenographer as a true carbon copy. (Pa.) Molloy v. U. S. Ex. Co. (1902), 22 Pa. Super. Ct. 173. Although the stenographer writes out in words the signs made by a dumb witness, yet his notes are admissible under a statute allowing steno- graphic notes to be admitted in evidence. (Vt.) Quinn v. Halbert (1885), 57 Vt. 178. Although a stenographer's transcript which Is introduced in evidence concerns the testimony of a witness who has subsequently made a deposi- tion, yet the transcript may be admitted in evidence. (Mich.) Labar v. Crane (1885), 56 Mich. 585, 23 N. W. 323. Where a witness was beyond the jurisdiction. It was proper to permit plaintiff to read in evidence his testimony given at a former trial. (Mich.) Dolph V. Lake S. &c. Ry. Co. (1907), 149 Mich. 278, 112 N. "W. 981; Croze v. St. Mary's &c. Co. (1908), 153 Mich. 363, 117 N. W. 81. Where the evidence of a witness in a case was taken down and pre- served by the court stenographer, and the witness afterwards removed from the state, such evidence was admissible In a subsequent trial of the same case between the same parties, though no diligence was exercised to pro- cure the deposition of such witness. (Colo.) Rico R. & M. Co. v. Musgrave (1890), 14 Colo. 79, 23 Pao. 458; Emerson v. Burnett (1898), 11 Colo. App. 86, 52 Pac. 752. A transcript of evidence taken on a former trial is competent to show what witnesses testified to on that trial, when they are not within the juris- diction of the court on the subsequent trial, and the official reporter who reported the case has certified that said transcript Is full, true and correct. (Ala.) Ala. Western R. R. Co. v. Downey (1912), 177 Ala. 612, 58 So. 918. The state may introduce in evidence stenographic notes of the testi- mony of a witness given at a former trial, where such witness is without the state and not available. (Colo.) Kenwood v. People (1914), 57 Colo. 544, 143 Pac. 373. 265 9A SHOBTHAND BEPOBTERS Where a -witness is absent from the state, his testimony, given at a former trial of the same cause between the same parties is admissible, If otherwise unobjectionable. (Neb.) Jerlch v. Union Pac. H. Co. (1915), 97 Neb. 767, 151 N. W. 310. In a prosecution for manslaughter, where the sheriff showed due dili- gence to serve process on a witness, and that the witness could not be found within the state, testimony of such witness on a former trial was admissible. (Cal.) People v. Wilson (1915), 146 Pac. (Cal. App.) 1048. Under Laws 1909, c. 5897, the exclusive method for procuring the testi- mony given by an absent witness on a former trial is to introduce the original bill of exceptions containing the witness' testimony, or, if lost, to re-establish such bill of exceptions. (Fla.) Johnson v. State (1914), 68 Fla. 528, 67 So. 100. Admission of evidence given by one defendant on a former trial against him, held not violative of his privilege against self-incrimination. (Minn.) State v. Newman (1914), 127 Minn. 445, 149 N. W. 945. Transcript of only part of defendants' testimony before coroner's jury held admissible in evidence to contradict their testimony at the trial. (Ala.) Patterson v. State (1915), 67 So. 997. Record of testimony given by plaintiff and her sister on the trial of another action held admissible to discredit their testimony that at the time of the injury plaintiff was In good health. (Pa.) Gallagher v. Phila. Rapid Transit Co. (1915), 248 Pa. 304, 93 Atl. 1074. Gen. St. 1909, § 2407, permitting the use of the stenographer's tran- script in testimony does not restrict such use to the limitations attaching to a deposition under §§ 5931 and 5953. (Code Civ. Proc. §§ 337, 358.) (Kan.) New v. Smith (1915), 94 Kan. 6, 145 Pac. 880. The stenographer who took the evidence of a witness at a preliminary examination testified that he transcribed a portion of the notes and dictated a portion to a typewriter operator; that he compared the transcript with his original notes and that the same was correct, and that all the type- writing done by persons other than himself was done under his dictation and in his presence. Held, that the transcript was admissible in evidence on the trial, the witness being out of the state. (Cal.) People v. Garnett (1908), 9 Cal. App. 194, 98 Pac. 247. Upon a motion for a new trial, a transcript may be used if the stenog- rapher testified that the witnesses were sworn and that the copy of the evidence is correct. (111.) Brown v. Luehrs (1875), 79 111. 575. To render a stenographer's transcript admissible, It must appear that he certified thereto within a reasonable time after the testimony was given. (Cal.) Reid v. Reid (1887), 73 Cal. 206, 14 Pac. 781. Before a stenographer's notes can be admitted in evidence at a subse- quent trial, they must be properly authenticated by the stenographer's certificate, or otherwise, and the mere fact that the person who made them was an official stenographer does not raise the presumption that they were accurate and therefore obviate the necessity for the authentication. (Mich.) Misner v. Darling (1880), 44 Mich. 438, 7 N. "W. 77. Stenographic notes of testimony at a former trial of a witness not in attendance at a subsequent trial were admissible where proved to be 266 NOTES AS EVIDENCE 9A substantially the testimony of the absent witness by a witness who was present at the former trial and heard the testimony. (Tex.) Smith v. State (1912), 148 S. W. (Tex. Cr. R.) 722. The court did not err in permitting the stenographer to reproduce tes- timony of a former trial as transcribed by him, where the stenographer testi- fied that it was a correct transcript. (Tex.) Pace v. State (1913), 69 Tex. Cr. Rep. 27, 153 S. W. 132. In a proceeding to punish the bankrupt for contempt in giving evasive answers, the accuracy of the notes being proved by the stenographer who made them, no further proof was required. (U. S.) In re Kaplan Bros. (1914), 213 Fed. (C. C. A.) 753. The state, on the second trial, may not introduce the stenographic report of the testimony of a witness on a former trial by merely showing his absence at the second trial, but must first show the correctness of the testimony as taken by the stenographer. (Tex.) Franklin v. State (1911), 62 Tex, Cr. Rep. 433, 138 S. "W. 112; Eads V. State (1914), 170 S. W. (Tex. Cr. Rep.) 145. Where an official reporter correctly reported testimony on a former trial, and accurately transcribed it into the bill of exceptions, which had been settled and allowed under a stipulation, and it was admitted that the witnesses were then non-resident of the county and absent therefrom, and it was shown that a party was without means to secure the depositions of such witnesses or their attendance at court, it was not error to permit the testimony of such absent witnesses to be read from the bill of exceptions. (Neb.) Souchek v. Karr (1909), 83 Neb. 649, 120 N. W. 210. The testimony of a witness on a former trial can be read only to refresh the memory of such witness, or to contradict him. (N. T.) Dambmann v. Metropolitan St. Ry. Co. (1907), 55 Misc. 60, 106 N. T. S. 221. Before a stenographer's notes taken before a coroner or committing magistrate can be admitted in evidence at a subsequent trial to impeach a witness, it must be shown that they were read to, approved and signed by such witness. (Neb.) Lipscomb v. Lyon (1886), 19 Neb. 511, 27 N. W. 731. The Stenographer who took the incriminating answers of accused on an examination, swore that a transcript of his minutes had been compared with the original stenographic notes, and that it was correct; that in taking the notes the questions and answers were correctly taken, and that while he could remember some of the questions and answers in part, he could not remember them in full without referring to the notes, but no demand that he testify to the particular questions and answers remembered was made. Held, that the transcript of his notes made and certified in accordance with /the practice in civil cases under Code Civil Pro., §§83 and 84, was com- petent evidence. (N. T.) People t. Randazzio (1909), 194 N. Y. 147, 87 N. E. 112. In order to render admissible upon a subsequent trial the notes made by a stenographer upon a preliminary hearing, his notes must be transcribed into longhand and certified to as correct. (Cal.) People v. Carty (1888), 77 Cal. 213, 19 Pac. 490. Where the testimony at an investigation before a prosecuting attorney was taken down and correctly transcribed and produced in court at a subse- quept trial by the public stenographer, by whom it was taken and who is 267 9A BHOBTHAND BEFOBTEBS a witness at the trial, he may be permitted to read from the transcript when asked what the witness had testified. (Del.) state v. Rash (1910), 25 Del. (2 Boyce) 77, 7S Atl. 405. Where the testimony given at a previous trial had been taken down in shorthand by the official court stenographer, by whom it is produced when he Is called as a witness for the state In a subsequent trial, and he has testified that the transcript is a true and correct copy of the testimony given, he may be permitted to read therefrom. (Del.) State v. Rash (1910), 25 Del. (2 Boyce) 77, 78 Atl. 405. One who heard the testimony of a witness at an examining trial and who took down the testimony Is, on the death of the witness, authorized to swear to the accuracy of the statement after identifying the paper on which the testimony was taken down, regardless of certificate; but. where the only means of identification of the testimony is a certificate, the certificate must be shown. (Tex.) Dowd r. State (1908), 52 Tex. Cr. Rep. 563, 108 S. "W. 389. A stenographer's transcript of evidence is admissible when he testified that he took the testimony in shorthand, and that the transcript is correct and contains all the testimony received. (U. S.) In re Gary (1881), 9 Fed. 754. The testimony of a witness taken at the examining trial before the county judge by an official reporter, and afterwards transcribed, may bo read on the subsequent trial, the witness being then deceased, where the reporter testified that the witness had been sworn, and that the testimony was correctly taken down and transcribed, even though the record of the county court did not show there had been an examining trial or the appointment of such stenographer for the occasion. (Ky.) Moore v. Commonwealth (1911), 143 Ky. 405, 136 S. W. 608. Under Comp. L., 1909, § 6623, a transcript of the testimony of a witness at the examining trial is admissible on the witness' death without further verification or identification; but where the provisions of said section were not complied with, such transcript is not admissible unless the stenographer testified that a purported copy was a true and correct copy of his notes. (Okla.) Wadsworth v. State (1913), 9 Okla. Cr. App. 84, 130 Pac. 808. Stenographic notes of testimony taken down at the coroner's inquest aad afterwards written out in ordinary characters may, upon due proof that the writing is a correct minute of what the witness testified, be read to show contradictions between that testimony and the testimony of the witness on the stand, his attention being first called to the same. (Ga.) Cox V. State (1879), 64 Ga. 374, 37 Am. Rep. 76. A transcript of a witness' testimony In a former trial of the case being part of a duly certified copy of the report of the trial which, by statste. Is made admissible as evidence in all cases where the subject matter would be admissible under the rules of evidence, may be used to refresh the recollection of the witness In the subsequent trial, in the discretion of the trial court. (Vt.) Mahoney's Admr. v. Rutland R. Co. (1908), 81 Vt. 210, 69 Atl. 652. If the court permitted a stenographic report of testimony taken at a previous trial to be read in evidence, a transcript thereof should be deemed to be in evidence, with the privilege to the opposite party of examining it and cross-examining upon It. (Ohio) Hutchinson v. State (1906), 28 Ohio C. C. 595. 268 NOTES AS EVIDENCE 9A When a party has testified on a former trial and his evidence is made incompetent through the death of the other party before a second trial, the testimony of such party can be read by the stenographer who took it down, although it is not in the form of a deposition subscribed to by the party. (N. T.) Lawson v. Jones (1881), 1 Civ. Pro. (N. T.) 247, 61 How. Pr. 424. The testimony of a witness at a former trial, who has since died, given before a court having jurisdiction of the parties and power to administer oaths, but not having jurisdiction of the subject matter, may be Introduced in evidence at a subsequent trial. (Colo.) Jerome v. Bohm (1895), 21 Colo. 322, 40 Pac. 570. § 4643 Of the Ky. statutes providing that the testimony of any witness taken by the official stenographer in any court may be used in a subsequent trial between the same parties where the testimony of such witness can- not be procured, does not apply to a witness who is dead, but applies only to the testimony of living witnesses whose presence cannot be procured at a subsequent trial. (Ky.) Puqua v. Commonwealth (1905), 26 Ky. Law Rep. 420, 81 S. W. 923. Where a witness testified on the trial of a criminal case and died before another trial, his evidence taken down by the official stenographer in phonetic characters and transcribed into ordinary characters was admissible at the second trial, where it was shown that the notes were correctly taken, and that the written evidence tendered was a correct transcript of such notes. (Ga.) Jones v. State (1907), 128 Ga. 23, 57 S. E. 313. The transcript of the testimony of a deceased witness who testified at a former trial is admissible, on the official stenographer testifying that the testimony was taken down accurately and correctly transcribed. (Ky.) Austin v. Commonwealth (1906), 30 Ky. Law Rep. 295, 98 S. W. 295. Testimony taken on a preliminary hearing and supported by the stenog- rapher's evidence is admissible on the trial, where the witness giving the same is dead. (Okla.) Stealer v. State (1914), 10 Okla. Cr. App. 460, 138 Pac. 395. The testimony of witnesses at a former trial, who were dead or absent from the state at the present trial, may be read to the jury. (Ky.) Yocum's Admx. v. C. N. O. & T. P. Ry. Co. (1911), 143 Ky. 700, 137 S. W. 217. Testimony of a witness in a criminal case may be proved on a sub- sequent trial, where it is shown that the witness is dead or insane, or is beyond the jurisdiction of the state. (Ala.) Brown v. State (1914), 11 Ala. App. 321, 66 So. 829. Under C!omp. Laws 1907, §§ 4670, 4685x1, transcript of testimony of physician on preliminary examination for homicide held admissible, the witness being out of the state and due diligence to subpoena him having been shown. (Utah) State v. Hlllstrom (1915), 150 Pac. 935. On second trial of a case, the testimony of a witness on the first, since deceased, is admissible on behalf of either party, when properly proved. (Tex.) Texas & N. O. R. Co. v. Williams (1915), 178 S. "W. (Tex. Civ. App.) 701. In a prosecution for homicide, testimony of dead witness at former trial, admissible if witness were living, held admissible. (Tex.) Sweat v. State (1915), 178 S. W. (Tex. Cr. Rep.) 554. 269 9A SHORTHAND BEPOBTEBS On the retrial of a case, the original plaintiff being deceased, his tes- timony given on the first trial may be read in evidence. (Iowa) Flint v. Atlas Mut. Ins. Co. (1909), 142 Iowa 431, 120 N. W. 1031. Decedent, for injury to whom his administrator sues, having testified on a former trial, it was proper to read his testimony from the official sten- ographer's notes. (Tex.) "Waggoner v. Sneed (1911), 138 S. W. (Tex. Civ. App.) 219. Where, in an action to recover damages for personal injuries, plaintiff's judgment was reversed upon appeal; and after remand of the case, plaintiff died, and the action was, by consent, revived in the name of the adminis- trator, such stipulation concedes the death of the original plaintiff and dis- penses with the necessity of the affidavit required by § 4643, Ky. Stats., to render admissible the testimony of plaintiff's intestate taken upon the former trial by the official stenographer. The benefit of former testimony of an Intestate extends to his personal representative. (Ky.) Ky. Trac. & Term. Co. v. Downing's Admr. (1914), 159 Ky. 502, 167 S. W. 683. While at common law the substance of the testimony of a deceased wit- ness was admissible on a subsequent trial, the exact words can under the system of stenographic reporting be reproduced, and Rev. St., ch. 84, § 162, makes a certified copy of the stenographer's notes admissible. (Me.) Bdgeley v. Appleyard (1913), 110 Maine 337, 86 Atl. 244. Where a witness at a former trial had since died, the reporter's notes of his testimony given at such trial, though not signed by the witness, were admissible to prove his testimony. (Ala.) Jones v. State (1911), 174 Ala. 85, 57 So. 36. A transcript of the evidence of a deceased witness who testified at an examining trial of accused is admissible on the proof by the stenographer that it was taken down correctly and accurately transcribed. (Ky.) Qulnlan v. Commonwealth (1912), 149 Ky. 476, 149 S. W. 892. Where a party who testified at the first trial died before the second trial, the stenographic report of the testimony, accompanied by the testi- mony of the stenographer that the report was a correct transcrrpt of the notes taken by him, was admissible. (Tex.) Wiener v. Zwelb (1910), 128 S. W. (Tex. Civ. App.) 699. The evidence given by a deceased witness is competent where the issues in the former trial were substantially the same as those in which the tes- timony was offered. (111.) Levine v. Carroll (1905), 121 lU. App. 105. Testimony given in a prior suit involving the present issue is admis- sible, the witness being dead. (Ala.) Coulson v. Scott (1910), 167 Ala. 606, 52 So. 436. Where plaintiff testified before an auditor, and died, a stenographic transcript of his testimony was admissible at a subsequent trial of the same action. (Mass.) Randall v. Peerless Motor Car Co. (1912), 212 Mass. 352, 99 N. B. 221. Under the law of 1893 notes of the e,vidence of a deceased witness taken at a former trial may be read. (S. D.) Merchants Nat. Bk. v. Stebblns (1898), 10 S. D. 466, 74 N. W. 199. 270 NOTES AS EVIDENCE 9A It is competent for a party, on the second trial of an action in the fed- eral court, under the general rule, to prove the testimony given on the former trial by a witness who has since died, there being no federal statute on the subject. (U. S.) Npme Beach &c. Co. v. Standard Marine Ins. Co. (1907), 156 Fed. (C. C— Cal.) 484. In a prosecution for rape, the official stenographer was properly per- mitted to read to the jury the transcript of the testimony of the prosecutrix given at the examining trial, where the prosecutrix had since died. (Ky.) Lake v. Commonwealth (1907), 31 Ky. Law Rep. 1231, 104 S. W. 1002. A transcript of an official stenographer duly filed in a former trial is admissible in evidence upon a subsequent trial, although the filing in the former case was not authorized by the judge. (Vt.) Bridgman v. Corey's B3st. (1890), 62 Vt. 1, 20 Atl. 273. When a witness who has given evidence on a former action between the same parties, where the same issue is involved, is out of the jurisdiction of the court, such testimony is admissible upon a subsequent trial. See cases cited in 11 A. & E. Enc. of liaw, page 523, note 2. In case of a first and second trial, there being a bill of exceptions made a part of the record containing the evidence on the former trial, and suf- ficient ground being shown on the latter trial for reproducing the evidence of any witness, it may be done by reading from such bill, and if it is not certified to contain all the evidence, the rest thereof may be shown by any competent proof, such as a certified transcript of the stenographer's minutes. (Wis.) Howard v. Beldenvllle Lbr. Co. (1908), 134 Wis. 644, 114 N W. 1114. Where one party offers part of the evidence of a witness given on a former trial to contradict such witness, the other party may put in so much as is relevant, and may cause the stenographer to read his original minutes. (Me.) Noyes v. Gilman (1880), 71 Maine 394. Under a statute providing that certified copies of all papers belonging to any public office or by authority of law filed to be kept therein, a certified copy of the stenographer's transcript of the proceedings in the District Court is admissible, where the original would be under an act which pro- vides for the appointment of an official stenographer, and which further pro- vides that he shall keep an office and preserve his stenographic report, which shall be the property of the state. (Neb.) Spellman v. Flynn (1886), 19 Neb. 342, 27 N. W. 224. When depositions are taken in shorthand, under statutory provisions the notes may be signed by the witness after being read over to him, and it is not necessary that the witness sign or swear to the translation of the notes. (Iowa) Slooum v. Brown (1898), 105 Iowa 209, 74 N. W. 936. In a prosecution for statutory rape, where accused had been acquitted In a former prosecution, when the state relied on a different act, evidence in the former trial, tending to show that the accused was guilty of the act charged in the second prosecution, was admissible. (Tex.) Hamilton v. State (1914), 168 S. W. (Tex. Cr. Rep.) 536. Under L. O. L., §§ 727, 1533, and Const., art. 1, § 11, testimony of wit- nesses out of the state, given in a former trial for larceny, is admissible, so far as relevant, against the same defendant in a prosecution for polygamy. (Or.) State v. Von Klein (1914), 71 Or. 159, 142 Pac. 549. - 271 9B SHOBTHAMT) EEPOBTEES 9B Inadmissibility. In the absence of a statute the notes of a stenographer are inadmissible upon a subsequent trial (Cal.) Reld v. Reid (1887), 73 Cal. 206, 14 Pao. 781. The testimony of an official stenographer, refreshed by his notes taken at a former trial, as to the testimony of an absent witness, is regarded as hearsay and is inadmissible in the absence of a statute declaring the legal value of such notes, in a case where it does not affirmatively appear that by the exercise of due diligence the testimony of such absent witness could not have been taken by deposition. 463, 21 N. T. S. 566. 295 IIA SHOBTHAND REPOETEES On appeal of an action for a new trial, where the record recites that on the trial the stenographer's report of the evidence of the former trial was read by both parties, the evidence adduced in the original trial cannot be considered, where it is not made part of the record, and the parties have not agreed that the transcript of the original appeal may be consid- ered by the court. (Ky.) Flint v. 111. Cent. R. Co. (1906), 29 Ky. Law Rep. 1149, 97 S. "W. 736. Where a referee demanded and received from the stenographer em- ployed to take testimony, one-third of the stenographer's fees, coupled with other irregularities, held that the referee was guilty of grave misconduct and that his report should be set aside. (N. T.) Dickinson v. Earle (1901), 63 App. Div. 134, 71 N. T. S. 227. The provisions of § 4670, Comp. Laws 1898, do not make the transcript evidence per se, or make the trial depend upon it having been filed, es- pecially when no good excuse is shown for not getting the transcript. (Utah) state v. Morgan (1903), 27 Utah 103, 74 Pac. 526. Where on appeal it appeared that a statement of facts in the usual form would have been sufficient, the Judgment would not be reversed be- cause the stenographer failed to comply with appellant's request to file the report within the proper time, where appellant did not by mandamus seek to require the stenographer to file the report, or failing in that, to prepare a statement of facts in the usual form. (Tex.) Smith v. Pecos Valley Co. (1906), 43 Tex. Civ. App. 204, 96 S. W. 11. 11 B When Party is Deprived of Transcript. If a party is deprived of transcript by fault of the reporter so that he is thereby deprived of his bill of exceptions, the court will in a proper case grant him a new trial. (Neb.) Curran v. Wilcox (1880), 10 Neb. 449, 6 N. W. 762. A party or his attorney is justified in relying upon the stenographic reporter for a transcript of the oral proceedings of a trial, and if, without fault on his part, such transcript cannot be furnished by the reporter, and in consequence of this inability a bill of exceptions cannot be had, a court of equity in a proper case will grant a new trial. (Neb.) Holland v. C. B. & Q. R. R. Co. (1897), 52 Neb. 100, 71 N. W. 989; Mathews v. Mulford (1898), 53 Neb. 252, 73 N. W. 661. Under a statute creating the office of court stenographer and prescrib- ing his duties, including the furnishing of a transcript of his notes to any person having an interest therein, such stenographer is an officer of the court in duty bound to perform the duties of his office with fidelity and without unnecessary delay, and litigants and their counsel are entitled to rely with confidence upon their ability to obtain from that officer any part of the proceedings required to be taken down by him; and where the sten- ographer either "lost or mislaid" the notes in a murder case, defendant, who had been convicted, was granted a new trial. (Wyo.) Richardson v. State (1907), 15 Wyo. 465, 89 Pac. 1027, 12 A. & B. Gas. 1048. If the stenographer did not comply with the judge's order requiring him to furnish a statement of facts to an indigent accused upon affidavit, accused would be required to sue out mandamus to compel the issuance of the statement by the stenographer, in order to enable accused to pro- cure a reversal for failure to have a statement of facts. (Tex.) Wood V. State (1912), 150 S. W. (Tex. Crlm. R.) 194. 296 NEW TBIAIiS IIB A litigant should not be deprived of the right to have his case heard in the court of last resort on account of the failure of the official stenog- rapher to furnish him with a copy of the testimony. (Neb.) state ex rel v. Gaslin (1891), 32 Neb. 291, 49 N. W. 353. Where defendant is unable to perfect his appeal without fault on his part, he should be granted a new trial either by the trial court or on appeal by the Supreme Court. (Okla.) Parmer v. State (1911), 5 Okla. Cr. 151, 114 Pac. 753. Where a stenographer lost the shorthand notes taken by him in a case, through no fault of appellant, and appellant is unable to bring up the record lor review, the case will be remanded for a trial de novo. (La.) Barton v. Burbank (1907), 119 La. 224, 43 So. 1014. Where the papers in the case and the notes of the trial of an action have been lost or mislaid, the only mode by which justice can be had is to grant a new trial, if it appear that the party seeking it has been guilty of no laches. (N. C.) Sanders v. Norris (1880), 82 N. C. 243. A new trial will be granted without regard to the merits of the case where it appears after argument of the motion for new trial that the sten- ographer's notes of the testimony were lost whereby it became impossible for the losing party fully to present his case for review by the supreme court. (Pa.) James v. French (1887), 5 Pa. Co. Ct. 270. Accused is entitled to reversal where, notwithstanding diligence on his part to procure filing of statement of facts in time, it was not filed within the time required by law. (Tex.) Parker v. State (1912), 145 S. W. (Tex. Cr. R.) 347. Laws of 1889, page 144, making the notes of an official stenographic re- porter, when transcribed and certified by him, merely prima facie evidence of the facts stated therein, does not require the successor of a trial judge who died after having within the term extended beyond the term the time lor presenting the bill of exceptions, to settle and sign the bill on the strength of such notes if the facts are disputed. It is proper in such case to grant a new trial. (Or.) Henrlchsen v. Smith (1896), 29 Or. 475, 42 Pac. 486, 44 Pac. 496. Where the official stenographer failed to comply with the order of the court to furnish a free transcript of his notes to a defendant unable to pay for the same, and the court took no steps to compel him to do so, and the stenographer could not comply with the order of the Court of Criminal Appeals because he had lost a part of his notes, the case must be reversed and remanded. (Tex.) Burden v. State (1913), 156 S. W. (Tex. Cr. R.) 1196. The death of a stenographer and consequent inability of a party to obtain a copy of the testimony are not grounds for granting a new trial. (N. T.) Lldgerwood Mfg. Co. v. Rogers (1889), 56 N. T. Super, Ct. 350, 21 N. T. S. R. 452, 4 N. T. S. 716. (Okla.) Butts v. Anderson (1907), 19 Okla. 367, 91 Pac. 906. The failure or inability of a court reporter to furnish the defeated party with a transcript of the evidence is no ground for a new trial. (Minn.) Peterson v. Lundqulst (1908), 106 Minn. 339, 119 N. W. 50. (N. D.) Hlggins v. Rued (1915), 153 N. W. 389. There is no statutory authority for granting a new trial because of casualty or misfortune occurring after the entry of the judgment which the petitioner seeks to vacate, as where the reporter who took the evidence died and his notes were not certified and could not be translated, thus preventing an appeal. 297 IIB SHOBTHAND EEPOBTEES (Iowa) Dumbarton Realty Co. v. Erickson (1909), 143 Iowa 677, 120 N. W. 1025; Ross v. Leader (1909), 122 N. W. 812. The fact that the illness of the reporter culminating in his death began prior to the rendition of judgment did not have the effect to render a failure to have his notes of the trial certified or translated a casualty occurring be- fore the trial within the meaning of Code § 4091. (Iowa) Dumbarton Realty Co. v. Erickson (1909), 143 Iowa 677, 120 N. W. 1025. If equity can grant a new trial when the record of evidence is lost or destroyed, it will not do so where after judgment the reporter died without having certified his notes and they cannot be translated, as the party had opportunity to have the testimony made of record, the time for certification not having fully expired; and even if the testimony in such case should be regarded as lost it might have been restored in substance under Code § 4127. (Iowa) Dumbarton Realty Co. v. Erickson (1909), 143 Iowa 677, 120 N. W. 1025. When, by reason of the death of an oflicial court stenographer, a party who has filed a motion for a new trial at law, or has taken an appeal in equity, is unable to procure a report of the evidence, the law court has no authority to remand the case for a new trial, but must overrule the motion, or dismiss the appeal for want of prosecution, the law court being a creature of the statute and having no powers except such as are given it by statute. The statutory right of a hearing upon a motion for a new trial is conditional upon the furnishing of the law court with a report of the evidence, and this condition cannot be waived or dispensed with by the law court. (Me.) Stenographer Cases (1905), 100 Maine 271, 61 Atl. 782. The fact that an official reporter fails to furnish appellant with a tran- script in time to file the same within the time prescribed is not ground for a new trial, where it appears that appellant was not diligent in ordering the same. (Iowa) McKinley v. McKlnley (1904), 123 Iowa 574, 99 N. W. 162. A new trial will not be granted because a stenographer's notes have been destroyed by fire, when no effort has been made to restore the evi- dence. (Dak.) Golden Terra Mining Co. v. Smith (1881), 2 Dak. 377, 11 N. W. 98. The fact that the stenographer who took the testimony at a trial loses his notebook and is unable to make a transcript thereof for the losing party, is not sufficient ground for a new trial. (Okla.) Farmers & Merchants Bank v. Welborn (1912), 32 Okla. 1, 121 Pac. 620; Thornsberry v. State (1912), g Okla. Cr. App. 818, 126 Pac. 590. lie For Error in Minutes. In an action to determine title to real property in which there was a dispute as to the line between two lots, an error in the stenographer's minutes of the testimony, making the erection of the house upon the line by the grantor appear to have been after instead of before the conveyance, held ground for new trial. (N. T.) Griffith v. Dickinson (1895), 90 Hun 14, 71 N. T. S. R. 51S, 35 N. T. S. 595. On a trial before a judge, the fact that he is absent when a part of the testimony is taken down, and did not require the stenographer to reduce it to writing, is no ground for vacating the judgment, when there is no dispute as to the facts. (N. T.) Crook v. Hamlin (1893), 71 Hun 136, 54 N, T. S. R. 77, 24 N. T. S. 543. 298 12— PERSONAL RIGHTS OP STENOGRAPHERS. A Exemption of salary from execution. B Copyright. C Taxation. D Combinations. E Miscellaneous. 12A Exemption of Salary from Execution. The salary of one employed as a stenographer or private secretary Is, under the Georgia code, exempt from execution. (Ga.) Abrahams v. Anderson (1888), 80 Ga. 570, 5 S. B. 778, 12 Am. St. Rep. 274; Cohen v. Aldrich (1908), 5 Ga. App. 256, 62 S. E. 1015; Empire Inv. Co. v. Sullivan (1909), 133 Ga. 391, 65 S. E. 882. 12B Copyright. Shorthand characters cannot be copyrighted. The copyright of a book describing a system of shorthand does not protect the system when con- sidered simply as a system apart from the language by which it is explained. - (U. S.) Griggs V. Perrin (1892), 49 Fed. (C. C.) 15. 12C Taxation. Shorthand schools are not exempt from taxation in Louisiana. (La.) Lichtentag v. Tax Collector (1894), 46 La. Ann. 572, 15 So. 193. 12D Combinations. When the object of an association of stenographers is to control the price charged by the members thereof, such an association is an illegal combination, and its rules will not be enforced by the courts. (111.) More V. Bennett (1892), 140 111. 69, 29 N. E. 888. 12E Miscellaneous. A stenographer of a corporation is entitled to share in a general be- quest to the employes of the corporation, even though a special bequest is also given to her by the will. (N. H.) Abbott V. Lewis (1913), 77 N. H. 94, 88 Atl. 98. 299 13— POWER OF COURTS. A To compel performance of duties by stenographer. B To correct minutes. C To fix compensation. D To refuse to stop witness so that counsel can take notes. E To compel county to pay for transcript for defendant in a criminal case. F To compel payment of fees. G To compel furnishing of transcript. 13A To Compel Performance of Duties by Stenographer, When an attorney is hindered in the trial of a case by the failure of the stenographer to furnish him with a transcript, he is entitled to move the court for an order on the stenographer to furnish a transcript. (Pa.) Commonwealth v. Bzell (1905), 212 Pa. 293, 61 Atl. 930. The safer practice is to apply for a rule against a stenographer who fails to furnish a transcript of the record in time, in order to show due dili- gence, and to apply to a judge or justice for an extension of time before expiration. (S. C.) Love V. Turner (1906), 75 S. C. 547, 56 S. B. 232. The only remedy appellant has where the reporter fails to get out a transcript in due time is to apply to the district judge by motion, or for an order or writ of mandate directing the reporter to furnish the transcript within the specified time. (Idaho) Fischer v. Davis (1913), 24 Idaho 217, 133 Pao. 910. If the stenographer did not comply with the judge's order requiring him to furnish a statement of facts to an indigent accused upon affidavit, accused would be required to sue out mandamus to compel the issuance of the statement by the stenographer, in order to enable accused to procure a reversal for failure to have a statement of facts. (Tex.) Wood V. State (1912), 150 S. W. (Tex. Cr. R.) 194. If a party postpones or neglects to take his appeal and to order his transcript until so near the expiration of the time that it is physically im- possible to complete the record in time, he does so at his peril, and the trial court may rightfully decline to enter any order which it knows that the reporter, in the exercise of reasonable diligence, cannot comply with. Held, the reporter being busy with other matters, that he properly refused the demand of counsel to furnish a transcript inside of fifteen days. (Iowa) Smith v. Smith (1907), 132 Iowa 700, 109 N. W. 194, 119 Am. St. Rep. 581. It is the duty of a court to see that the duties of a stenographer are at all times properly performed without delay. (Pa.) Commonwealth v. Ezell (1905), 212 Pa. 293, 61 Atl. 930. The writ of mandamus will not issue to compel the performance of a mere service. Thus where a legislative committee appointed under a joint resolution to inquire among other things whether money had at any time been paid by certain parties to certain members of the legislature for the purpose of Influencing legislation, with power to send for persons and papers, but without authority conferred by the resolution to employ a clerk, em- ployed a stenographer who took the testimony given before the committee, the court refused to issue a writ of mandamus to compel the stenographer 300 POWEB OF COTTETB 13A to furnish the committee a transcript of his minutes that it might be made a part of their report. (Vt.) Bailey v. Ovlatt (1874), 46 Vt. 627. A stenographer present and reporting the trial of the case under the private employment of the defendant in a criminal case is not under the control of the court, nor under any obligation to, nor can he be required to, furnish a copy of any part of the proceedings either to the court or to opposing counsel or party. His duties are measured by his contract rela- tions with the party who employed him. To say therefore merely because a party has a stenographer present reporting the case that therefore the court need not charge the jury in writing when requested, is to practically annul the statute requiring the court on request to charge the jury in writing. (Wash.) State v. Mayo (1906), 42 Wash. 540, 85 Pao. 251. Under the laws of 1903 requiring the court upon request to instruct the jury in writing, unless the same is taken down by the stenographic reporter, the employment of a reporter privately who is not subject to the control of the court, will not excuse the failure to instruct the jury in writing. (Wash.) State v. Mayo (1906), 42 Wash. 540, 85 Pac. 251. But if such stenographer is employed by both parties, he is sufficiently under the control of the court to constitute his report "instructions in writ- ing" under the above statute. (Wash.) Collins v. HofEman (1907), 48 Wash. 184, 93 Pao. 220; Sturgeon v. Tacoma E. Ry. Co. (1908), 51 Wash. 124, 98 Pac. 87; Schon V. M. W. A. (1909), 51 Wash. 482, 99 Pao. 25; State v. Erickson (1909), 54 Wash. 472, 103 Pao. 796. A mandamus will lie to compel the official court stenographer to do an official act, and it is not necessary that the mandamus be directed to the court to compel the stenographer to do his duty. (Colo.) Keady v. Owers (1902), 30 Colo. 1, 69 Pac. 509. 13B To Correct Minutes. Although a statute declares that an official stenographer's notes shall be deemed official and the best authority in any matter of dispute, yet the notes are only the best evidence when made under the approval of the court, and the notes are subject to modification and change in accordance with what the judge judicially finds to be the facts. (Pa.) Taylor v. Preston (1875), 79 Pa. 436. It is not only within the power, but it is the duty of the court to correct the stenographer's notes, whether of evidence or of the charge, if they are incorrect, and to supply omissions therein. (Pa.) Taylor v. Preston (1875), 79 Pa. 436; Connell v. O'Nell (1893), 154 Pa. 582, 26 Atl. 607; Commonwealth v. Arnold (1894), 161 Pa. 320, 29 Atl. 270; Von Storch v. Von Storch (1898), 4 Lack. L. N. 25; Common- wealth V. Van Horn (1898), 188 Pa. 143, 41 Atl. 469; Commonwealth v. Morrison (1899), 193 Pa. 613, 44 Atl. 913; Toddes v. Hafer (1904), 25 Pa. Super. Ct. 78. The transcript of the evidence is a record of the circuit court, and if mistakes have been made in it, they may be corrected in that court as other clerical errors are corrected. (Ky.) Center Lumber Co. v. Miller (1914), 158 Ky. 130, 164 S. W. 318. A case was held settled in accordance with the stenographer's minutes, though the attorney swore he took an exception which did not appear in the minutes. The attorney had a cold and was partially deaf and spoke 301 13B SHORTHAND EKPOBTEBS in a low tone, but supposed the stenographer heard him. The court says this suggested a cause which might have led to it having escaped the notice of both the court and the stenographer. (N. T.) Canzi v. Conner (1878), 43 N. Y. Super. Ct. 569. The stenographer's notes of the charge on a trial for murder showed the following sentence: "Every unlawful killing is presumed to be murder in the first degree." The trial judge upon examining the transcript inserted the words "though not" after the word "murder" and stated in his opinion on a motion for a new trial that the words "though not" were in the charge as delivered. The trial judge in the charge had fully and correctly defined the degrees of murder. Held, that the Supreme Court would take the rec- ord as it stood, and would assume that the words "though not" had been inadvertently omitted by the stenographer. (Pa.) Commonwealth v. Van Horn (1898), 188 Pa. 143, 41 Atl. 469. It is not error for the trial judge on rule to amend the stenographer's record of a murder trial, over five years after the trial, to refuse to permit one of the trial attorneys to testify from recollection that certain objec- tions to admissions of evidence were made and rulings had thereon, when the record and the recollection of the judge show no such objections or rulings, and the answer of the attorney for the commonwealth denies that they were made. (Pa.) Commonwealth v. Leskoski (1909), 225 Pa. 382, 74 Atl. 217. An evident mistake of the reporter in taking down the testimony of a witness may be corrected on motion supported by afiidavits. (Iowa) Campbell v. Campbell (1902), 118 Iowa 131, 91 N. "W. 894. An attorney has no right to make changes in the stenographer's notes, even for the purpose of correcting what he claims to be errors therein. Such corrections must be made only on application to the court. (Iowa) Long v. Valleau (1893), 87 Iowa 675, 55 N. W. 31. When the record of a case has once been made in the trial court by certification and filing of the shorthand notes and transcript, it is not sub- ject to amendment by the reporter alone. This can only be done upon application, notice and order of court. (Iowa) First National Bank v. Fulton (1912), 156 Iowa 734, 137 N. W. 1019. When the stenographer who took the evidence dies before the writing out of the notes, and no one else is able to translate his notes, the evidence may be supplied in the same way that lost or destroyed records are supplied. (Pa.) "Walter v. Sun Fire Office (1894), 165 Pa. 381, 30 Atl. 945. Where material evidence is not returned because it has been lost, the only remedy for the aggrieved party is to make application to reproduce the evidence, by affidavits or witnesses, before the appellate court, as pro- vided by Code Civ. Pro., §§ 3056 and 3213. (N. T.) MoGovern v. Bldredge (1892), 1 Misc. 170, 48 N. T. S. R. 692. 20 N. T. S. 654. The remedy of a party desiring to appeal from the justice's judgment where shorthand notes taken by the official stenographer at the trial had been lost was offered by Code Civ. Pro., which provides that where the justice is unable to make a return, the appellate court may receive affi- davits or examine witnesses as to the evidence or other proceedings taken, and may determine the appeal as if a return had been duly made by the Justice. (N. T.) "Walker v. Baerman (1899), 44 App. Dlv. 587, 61 N. T. S. 91. 302 POWER OP OOtTBTS 13B While the notes of the stenographer are valuable as data from which to make up a bill of exceptions, they are by no means infallible, since it not infrequently happens that the stenographer fails to put down a correct report of an expression, a statement or an admission. (Mo.) Jackson v. Fulton (1901), 87 Mo. App. 228. A judge cannot accept the notes of an official stenographer as determin- ing what evidence was introduced and what rulings were made independ- ently of his own recollection and judgment. It is the duty of the court to use such notes merely as an aid to his recollection and not as a substitute for it. (HI.) People V. Anthony (1889), 129 111. 218, 21 N. E. 780; People v. Chytraus (1899), 183 111. 190, 55 N. E. 666; People v. Holdom (1901), 193 111. 319, 61 N. E. 1014; State ex rel v. Chetlaln (1905), 219 111. 248, 76 N. B. 364. Where an exception to instructions on account of the omission of cer- tain words is immediately taken on certain grounds and allowed by the court without objection, the court cannot in settling the statement claim that the said grounds did not in fact exist, nor insert in the statement the omitted words not shown by the stenographer's minutes. (Wash.) In re Rosner (1893), 5 Wash. 488, 32 Pac. 106. 13C To Fix Compensation. The compensation of official stenographers is often fixed by the court under authority conferred by statute. (Cal.) Ex parte Reis (1883), 64 Cal. 233, 30 Pac. 806; McAllister v. Hamlin (1890), 83 Cal. 361, 23 Pac. 357. (111.) People ex rel v. Raymond (1900), 186 111. 407, 67 N. B. 1066. (N. J.) Knight V. Ocean County Freeholders (1887), 49 N. J. Law 485, 12 Atl. 625. (Tex.) Cox V. Patten (1902), 66 S. W. (Tex. Civ. App.) 64. The superior court of San Francisco has power to fix and order paid the compensation of its stenographers in a criminal case. (Cal.) Ex parte Reis (1883), 64 Cal. 233, 30 Pac. 806; People v. Becker (1884), 66 Cal. xviil, 4 Pac. 942. 13D To Refuse to Stop Witness So That Counsel can Take Notes. In a criminal case at which the testimony was being taken down under order of the court by a stenographer and delivered written out to counsel on the following morning, the court declined to stop a witness to enable counsel to take notes in their own way. Held, that this matter was dis- cretionary with the court. (Conn.) State v. Hoyt (1880), 47 Conn. 518. 13E To Compel County to Pay for Transcript for Defendant in a Criminal Case. A judge cannot in a criminal case grant an order upon the treasurer to pay for writing out notes in longhand. (Ga.) Henderson v. Parry (1893), 93 Ga. 255, 20 S. E. 107. See cases cited at 6H in this digest. 303 13F SHORTHAND BEPOETEKS 13F To Compel Payment of Fees. A circuit judge cannot require the fees of a stenographer for assisting him in the preparation of the decree in a case to be paid out of the fund in court. (S. C.) Hughes V. Shingle Co. (1897), 51 S. C. 1, 28 S. B. 2. A court will protect a stenographer by a summary order against an attorney, when it appears that the attorney has wrongfully refused to pay the charges of a stenographer. (N. T.) Wright v. Nostrand (1879), 58 How. Pr. (N. Y.) 184. See cases cited under 6M of this digest. 13G To Compel Furnishing Transcript. The supreme court may require a stenographer to furnish a transcript for its own use upon the hearing of an appeal in a murder case where it Is shown that the stenographer declines to furnish the same to appellant without pay, and that appellant is unable to pay for it, and upon this show- ing it will reinstate an appeal which has been dismissed by the clerk for failure to serve the "case," and will continue the case ad interim. (S. C.) state V. Wine (1898), 55 S. C. 193, 33 S. E. 1. Mandamus will lie to compel a court stenographer who reported a case under the Penal Code of 1895, § 981, to transcribe his note* of the eTidence and charge of the court and file the same. (Ga.) Williams v. Cooley (1906), 127 Ga. 21, 55 S. B. 917. M. was employed by one of the parties to a proceeding had before the city council of the city of Lincoln sitting as a board of equalization, to ap- pear at such hearing and take down the evidence in shorthand. The clerk of the board, who claimed the right to employ a reporter, and others inter- ested, relying on the presence of M., who was a comp,etent reporter, made no further arrangements for a record of the proceedings, regarding him as the official reporter, to whom stipulations between the parties were dictated, and exhibits in the case delivered, and by whom all the evidence was taken down. Held, that mandamus would lie to compel M. to deliver a transcript of the evidence to the complainant in the proceeding, notwithstanding a secret agreement by the terms of which he was to deliver a transcript to only one of the parties. (Neb.) Mockett v. State (1903), 70 Neb. 518, 97 N. W. 588. Under a statute providing for a court stenographer, and for the use of his notes in preparing the record on appeal, and for the taxation of the cost thereof, such notes may be used by the opposite party In proposing amendments to the record and the court may require appellant at his own expense to furnish the opposite party with a copy of the stenographer's minutes necessary to prepare such amendments. (Mich.) Gillies v. Kent Circuit Judge (1895), 106 Mich. 687, 64 N. W. 733. An attorney cannot be compelled to deliver to a substituted attorney a copy of the stenographer's minutes of the first trial which resulted In a disagreement, for which transcript the first attorney has paid with his own money. The new attorney can obtain a copy from the stenographer. It de- sired, by paying the proper fees. (N. Y.) Sweet v. Ellis (1913), 160 App. Dlv. 870, 144 N. T. S, B56. An application for a writ of mandamus to compel the circuit court sten- ographer to deliver a transcript of testimony on payment or tender of the statutory fees therefor should be made to the circuit court and not to the supreme court. (Mich.) Lyle v. Sherman (1907), 147 Mich. 424, 110 N. W. 952. 304 POWER OF COXJETS 13Gr The stenographer may be punished as for contempt for refusing to fur- nish at the statutory rate the minutes taken by him. (N. T.) Cavanaugh v. O'Neill (1897), 20 Misc. 233, 45 N. T. S. 789. Where a defendant convicted of a crime was too poor to pay for a transcript of the proceedings at his trial, and an order was made as author- ized by Code, § 373 (§ 6376 Codes of 1907) directing the ofilcial stenographer to furnish the defendant with a copy of the evidence, to be paid for by the county, in order that he might prepare a bill of exceptions, and, after numer- ous extensions of time for the settling of the bill of exceptions, the sten- ographer failed to furnish the transcript, and the court refused to make an order compelling the furnishing of such transcript, the Supreme Court would not compel obedience to the order to furnish the transcript by man- damus, since the court making the order alone had authority to punish the stenographer's contempt. (Mont.) state ex rel Dempsey v. Second Jud. Dlst. Ct. (1901), 24 Mont. 566, 63 Pac. 389. Under a rule that exceptions He only to rulings on questions of law arising on the trial, the question of the power of the presiding Judge to make an order relating to copy of the stenographer's transcript of the case is not reviewable on exceptions. (Vt.) Ide V. Boston & M. R. R. (1909), 83 Vt. 66, 74 Atl. 401. Mandamus lies to compel the stenographer to write out and file a list of the objections, rulings and exceptions occurring on the trial, as required by the statute, where an order of the court is Insufficient. (Mont.) State v. Supple (1899), 22 Mont. 184, 56 Pac. 21; State v. Ledwldge (1902), 27 Mont. 197, 70 Pac. 511. 306 PART III— TABLE OF CASES DIGESTED Abbott V. Lewis (N. H.) 299 Abendroth v. Manhattan R. Co. (N. Y.) 221 Abrahams v. Anderson (Ga.) 299 Adams, In re (N. Y.) 220 Adams v. Columbia Canal Co. (Wash.) 259 Adams v. N. Y. &c R. R. Co. (N. Y.) 210, 211 Adams v State (Ind) 182 Adams Laundry Machinery Co. v. Prunier (N. Y.) 229 Ala. Western R. R. Co. v. Downey (Ala.) 265, 282 Albin V. Louisville Ry. Co. (Ky.) 221, 227 Alexander v. Gardiner (R. I.) 196 Allen V. Hazzard (Tex.) 209 Allen V. Standard Box & Lbr. Co. (Or.) 230 American Car & F. Co. v. Altoona &c Ry. Co. (Pa.) 254 Andel v. People (111.) 202 Andreson v. Ogden Union Ry. Co. (Utah) 230 Andrews, In re (Hawaii) 193 Andrews v. Lavery (Mich.) 247 Andrews v. State (Tex.) 186, 295 Anoatubby v. Pennington (Okla.) 192 Appropriations, In re, for deputies (Neb.) 177 Arcana Gas Co. v. Moore (Ind.) 192, 212 Argabright v. State (Neb.) 207 Amoux V. Phelan (N. Y.) 229 Amton, In re (N. Y.) 220 Arts V. Culbertson (Iowa) 258 A. T. & S. F. Ry. Co. v. Baker (Okla.) 283 Atlantic & B. R. Co. v. Sumner (Ga) 179 Atwood V. Jaques (U. S.) 228 Austin V. Commonwealth (Ky.) 269, 287 Avery v. Nordyke & Marmon Co. (Ind.) 246 Baff v. Ellas (N. Y.) 228 Bailey v. Oviatt (Vt.) 301 Baker v. City of N. Y. (N. Y.) 214, 215 Baker v. 111. Cent. R. Co. (111.) 281 Baker v. N. Y. (N. Y.) 184, 190, 193, 199 Baker v. Readicker (Kan.) 253 Baldwin v. Boulware (Mo.) 228 Baldwin v. St. L. &c R. R. Co. (Iowa) 281, 289 Bank of Monroe v. Gifford (Iowa) 289 Bank of Woodland v. Hiatt (Cal.) 228 Barber v. State (Tex.) 263 Barber Asphalt Pav. Co. v. Field (Mo.) 224 Bare v. Victoria Coal & Coke Co. (W. Va.) 289 Barger v. Halford (Mont.) 249 Barksdale v. Security Inv. Co. (Ga.) 275 Bartell v. State (Neb.) 279 Bartlett v. Lee (La.) 247 Bartling v. People (111.) 232 307 SHOBTHAND KEPOETEES Page Barton v. Burbank (La.) 279 Bass V. State (Ind.) 262, 294 Baum V. State (Ohio) 263, 285 Beard v. Royal Neighbors (Or.) 290 Beatty v. Miller (Ind.) 195 Beavers v. Bowen (Ky.) 274, 275 Bedford Belt. Ry. Co. v. McDonald (Ind.) 251 Beebe v. Wells (Kan.) 219, 220 Bell V. Pate (Mich.) 193 Berge v. Commonwealth (Ky.) 252 Berkey v. Thompson (Iowa) 219 Bingham Livery & Tr. Co. v. McDonald (Utah) 196 Birmingham Nat. Bank v. Bradley (Ala.) 248 Black V. Miller (Iowa) 259 Blackburn v. Hanlon (Ky.) 261 Blair v. Brownstone Oil & R. Co. (Cal.) 230 Blair, B. L., Co. v. Rose (Ind.) 251 Blanck v. Spies (N. Y.) 204 Bliss V. Brown (Kan.) 258 Bloomfield v. Nevitt (Colo.) 213 Blue Grass Traction Co. v. Crosdale (Ky.) 253 Board of Water Supply, Matter of (N. Y.) 203 Boland v. Kaveny (N. J.) 244 Bonynge v. Field (N. Y.) 213 Bonynge v. Waterbury (N. Y.) 213 Boothe v. Farmers & Traders Nat. Bk. (Or.) 224 Boston Belting Co. v. Boston (Mass.) 226 Bottome V. Alberst (N. Y.) 209, 210 Bottome v. Neeley (N. Y.) 210, 211 Bowles V. Malone (Ga.) 193, 208 Bowman v. Ogden (Utah) 256 Boyd V. St. L. S. W. Ry Co. (Tex.) 284 Bradley v. City of Spickardsville (Mo.) 280 Brandon v. West (Nev.) 223 Branfoot, The William (U. S.) 227 Breedlove v. Breedlove (Ind.) 242 Bremer v. Manhattan Ry. Co. (N. Y.) 222 Brewster, J. B. & Co., In re (U. S.) 212 Brice v. Miller (S. C.) 286 Brickhill v. Mayor of N. Y. (U. S.) 226 Bridges v. Sheldon (U. S.) 183, 225 Bridgman v. Corey's Est. (Vt.) 271 Briggs V. Erie County (Pa.) 192, 193, 209, 213 Bringgold v. Spokane (Wash.) 224 Brinson Ry. Co. v. Beard (Ga.) 282 Brogdon v. State (Tex.) 246 Brooks & Co. V. Gentry (Miss.) 252 Brown v. Cumberland Tel. & T. Co. (U. S.) 255 Brown v. Luehrs (111.) 266 Brown v. Sears (N. Y.) 220 Brown v. State (Ala.) 269, 284 Brown v. Willoughby (Colo.) 265 Brown v. Wlnehill (Wash.) . . . , 227 Bruning's Estate, In re (Iowa) 288 Bucken v. South & W. R. Co. (N. C.) 235, 248 Buddee v. Spangler (Colo.) 264 Buehler v. Staudenmayer (Wis. ) 228 Bugg V. State (Ga.) 217, 251 Bunyan v. Loftus (Iowa) 241 Burden v. State (Tex.) 218, 297 Burnett v. Loughridge (Iowa) 177, 257 308 TABLE OP CASES DIGESTED Page Burnett v. State (Ga.) 285 Buster v. Woody (Tex.) 237 Butts V. Anderson (Okla.) 297 Byrd v. Hartman (Mo.) 272, 291 Byrnes v. N. Y. &c R. Co. (N. Y.) 278 Byron, In re (N. Y.) 220 Cable Co. v. Mathers (W. Va.) 242 Campbell v. Campbell (Iowa) .- 302 Cannon v. Griffith (Kan.) 277 Canode v. Sewell- (Tex.) 247 Canzi v. Conner (N. Y.) 302 Carpenter v. Hammond (N. Y.) 211 Carr v. Am. Locomotive Co. (R. I.) 264 Carr v. Summit County (Ohio) 180 Carroll v. Commonwealth (Ky.) 253 Carroll v. State (N. Y.) 214 Carter v. Cummings (Utah) 260 Carter Coal Co. v. Clouse (Ky.) 253, 254, 261 Cary, In re (U. S.) 268, 291 Case V. Ham (Wash.) 255 Casey v. State (Tex.) 263 Cavanagh v. O'Neill (N. Y.) 206, 305 Center Lumber Co. v. Miller (Ky.) 301 Central R. R. Co. v. Robinson (Ga.) 251 Cerrusite Mineral Co. v. Steele (Colo.) 273 Chaison v. McPaddin (Tex.) 249 Chandler v. Prince (Mass.) 285 Chapman v. Averill Mach. Co. (Ida.) 239, 240 Chase v. Vandergrift (Pa.) 177, 239 Chenault v. Adams Mch. Co. (Miss.) 252 C. & O. Co. V. Smith (Ky.) 334, 254 Chesebrough v. Conover (N. Y.) 295 C. & A. R. R. Co. V. Robinson (111.) 183, 262, 292, 294 Chicago, L & L. Ry. Co. v. Gorman (Ind.) 281 C, M. & St. P. Ry. Co. V. Newsome (U. S.) 276 C, M. & St. P. Ry. Co. V. Walsh (111.) 287 Chicago, St. P., M. & O. Ry. Co. v. Myers (U. S.) 262, 290 Chicago & S. B. Ry. Co. v. McEwen (Ind.) 242, 295 Chosen Friends &c League v. Otterson (Wyo.) 199, 220, 226 Chrisman v. McMurray (Tenn.) 281 Christenson Lumber Co. v. Seawell (Cal.) 240 Churchill v. Palmer (Mass.) 249 City of Denver v. Capelli (Colo.) 235 City of Omaha v. Jensen (Neb.) 282 City Tax Lien Co. v. Murray (N. Y.) 227 Clark V. Eltinge (Wash.) 223 Clark V. State (Ind.) 258 Clegg V. Aikens (N. C.) 221 Clift V. Philadelphia (Pa.) 180, 201 Coale V. Suckert (N. Y.) 177, 211, 213 Cohen v. Aldrich (Ga.) 299 Cohen v. Weill (N. Y.) 225, 226 Coldren Land Co. v. Royal (Iowa) 263 Cole V. Gates Lumber Co. (Iowa) 211 Cole V. Ingham Circuit Judge (Mich.) 250 Coley V. State (Fla.) 272 Collins V. Hoffman (Wash.) 301 Colton V. Simmons (N. Y.) 224, 228 Combest v. Wall (Tex.) 276 309 SHORTHAMD KEPOBTEES Page Commonwealth ex rel v. Arnold (Pa.) 177, 238, 254, 258, 260, 301 Commonwealth v. Berry (Ky.) ISff V. Bolger (Pa.) 278 V. Campbell (Ky.) 259 V. Ezell (Pa.) 300 V. Golden (Pa.) 219 V. Hegedus (Pa.) 187 V. Lancaster Co. &c Ins. Co. (Pa.) 206 V. Leskoski (Pa.) 302 V. Morrison (Pa.) 301 V. Nicely (Pa.) 245 V. Van Horn (Pa.) 301, 302 Comstock V. Jacobs (Vt.) 278 Connell v. Connell (Iowa) 275 Connell v. O'Neil (Pa.) 181, 191, 238, 239, 240, 260, 301 Cooledge v. Continental Ins. Co. (Vt.) 289 Co-Operative Mfg. Co. v. Rusche (Ky.) 202 Cornelius v. State (Tex.) 262 Corporation of St. Anthony v. Houlihan (U. S.) 222 Coulson V. Scott (Ala.) 270 County Board of Education v. Rankin (Ky.) 245 Courtney v. State (Ind.) 187 Cox V. Patten (Tex.) 203, 219, 303 Cox V. State (Ga.) 268 Crandall v. Greeves (Mo.) 287 Crane v. Osborn (Ind.) 182 Cressler v. Asheville (N. C.) 248 Crook V. Hamlin (N. Y.) 298 Crooks V. Harmon (Utah) 261 Croze V. St. Mary's Canal &c. Co. (Mich.) 265 Cummings v. Armstrong (W. Va.) 177, 195, 244 Cummins v. Robinson (Okla.) 206 Curran v. Wilcox (Neb.) 296 Curtis V. Engle (N. Y.) 213 Cutter V. Territory (Okla.) 286, 288 Dailey v. Fitzgerald (N. M.) 219 Dambmann v. Metropolitan St. Ry. Co. (N. Y.) 267 Darner v. Daggett (Neb.) 278 Davis V. Liberty Gravel Road Co. (Ind.) 240 Davis V. State (Fla.) 294 Dealy v. Shepherd (Tex.) 236 Degg V. State (Ala.) 273 Delaski v. Nwn. Imp. Co. (Wash.) 250 DeLong v. Lee (Iowa) 254 Delovage v. Old Oregon Creamery Co. (Or.) 230 Del Toro v. Municipal Court (P. R.) 236 Dempsey v. Lawson (Mo.) 272 Denning, Ex parte (Tex.) 236 Dennis v. State (Ind.) 240 Detroit &c. R. R. Co. v. Hayt (Mich.) 193, 227 DeVall V. DeVall (Or.) 230 Dick V. MuUins (Ind.) 238 Dickinson v. Earle (N. Y.) 296 Distard v. Shanklin (S. D.) .194 Dollard v. Koronsky (N. Y.) 202 Dolph V. Lake S. &c. Ry. Co. (Mich.) ; 265 Donaldson v. Spring Valley Coal Co. (111.) 276 Dotterer v. State (Ind.) 264 Dover v. Greenwood (U. S.) 282 Dowd V. State (Tex.) 268 310 TABLE OF CASES DIGESTED Page Down V. McGourkey (N. Y.) 229 Drake v. Everson (Ind.) 195 Drew V. Andrews (N. Y.) 277 DrinkhOTise's Estate (Pa.) 193, 202 Drumm Com. Co. v. Bank (Mo.) 224 Dull V. Mammoth M. Co. (Utah) 199 Dumbarton Realty Co. v. Erickson (Iowa) '. 298 Dunn V. Ouachita Valley Bank (Ark.) 214 Dupoyster v. Ft. Jefferson Imp. Co. (Ky.) 237, 238 Duthey v. State (Wis.) 292 Bads v. State (Tex.) 267, 275 Eckstein v. Schleimer (N. Y.) 206, 210, 212 Edgeley v. Appleyard (Me.) 270 Edmonds v. Riley (S. D.) 288 Edwards t. Anderson (Idaho) 240 Edwards v. Heuer (Mich.) 239 Edwards v. Prendergast (N. Y.) 216 Eesley Light & P. Co. v. Commonwealth P. Co. (Mich.) 273 Elder v. McDougald (Cal.) 180 Elfring v. New Birdsall Co. (S. D.) 227 Ellis V. Wait (S. D.) 219 Emerson v. Burnett (Colo.) 265 Empire Inv. Co. v. Sullivan (Ga.) 299 Engelbrecht, Matter of (N. Y.) 224 Equitable Life Assurance Soc. v. Maverick (Tex.) 280 Etter V. O'Neil (Iowa) 177, 241, 246 Everman v. Hyman (Ind.) 240 Fahlor v. State (Ind.) 238 Fairbanks, Morse & Co. Weeber (Colo.) 280 Farley v. Altoona &c. Ry. Co. (Pa.) 254 Farmer t. State (Okla.) 208, 297 Farmers & Mchnts. Bk. v. Welborn (Okla.) 298 Ferguson v. Pottawattamie County (Iowa) 201 Ferris v. Anderson (Iowa) 258 Pinch v. Wells (N. Y.) 210 First Nat. Bk. v. Eichmeier (Iowa) 260 First Nat. Bk. v. Fulton (Iowa) 302 First Nat. Bk. v. Tamajo (^f .Y.) 203 Fiscus V. Turner (Ind.) 258 Fischer v. Davis (Idaho) 194, 242, 300 Fisher v. Leader Pub. Co. (Pa.) 191 Fitch V. M. C. & C. L. Tract. Co. (Iowa) 289 Fleming v. Town of Shenandoah (Iowa) 279, 281, 289 Fletcher v. State (Wyo.) 275 Flint V. Atlas Mut. Ins. Co. (Iowa) 270 Flint V. 111. Cent. R. Co. (Ky.) 296 Flohr V. Territory (Okla.) 281 Flood V. Moore (N. Y.) 223 Foley V. Phila. Rapid Transit Co. (Pa.) 191 Forbs V. St. L. I. M. & S.Ry. Co. (Mo.) 234 Fordyce v. Humphrey (Iowa) 257 Pornof V. Wilkinsburg Borough (Pa.) 191 Forrest v. Crenshaw (Ky.) 264 Fox V. Pox (N. Y.) 247 Fox V. Lindley (Cal.) 232 Francis v. State (Ala.) 283 Franklin v. State (Tex.) 267 Franklin County v. McRaven (Ark.) 214 Freezer v. Sweeney (Mont.) 276, 278, 287 311 SHOBTHAND EEPOETEES Page FuUen, In re (N. M.) 219 Fuqua v. Commonwealtli (Ky.) 269 Furey v. Taylor (Idaho) 240 Fuson V. Commonwealtli (Ky.) 261 Gaar Scott & Co. v. Wilson (Ind.) 246 Gallagher v. Phila. Rapid Transit Co. (Pa.) 266 Galveston, H. & S. A. R. R. v. Quinn (Tex.) 246 Gam V. Working (Ind.) 246 Garrett v. State (Ind.) 251 Gassenheimer Paper Co. v. Marietta Paper Mfg. Co. (Ala.) 248 Georgia, F. & A. Ry. Co. v. Bittick & Mays (Ga.) 284 German Nat. Bank v. Leonard (Neb.) 287 Gibbs V. Buckingham (Iowa) 258 Gibson v. Singer Sewing Mach. Co. (Tex.) 181 Gilbert v. Moody (Idaho) 181, 232 Gillespie v. Beecher (Mich.) 288 Gillies V. Kent Circuit Judge (Mich.) 304 Gilman v. Oliver (N. Y.) 229 Gilmore v. Ostronich (Mont.) 196 Gilmour Mfg. Co. v. Stettler (N. Y.) 229 Givens v. Veeder (N. M.) 183, 184, 225 Gjurich v. Fieg (Oal.) 208 Glenn v. Gleason (Iowa) 242 Glenn v. Strickland (Pa.) 255 Gobbi V. Dileo (Or.) 240 Godau V. State (Ala.) 265 Godfrey v. McKean (Iowa) 209 Golden Terra Min. Co. v. Smith (Dak.) 239, 298 Goodale v. Marquette County Supervisors (Mich.) 233 Goodson V. City of Des Moines (Iowa) , .280 Goose River Bank v. Gilmore (N. D.) 234 Gordon v. Munn (Kan.) 221 Gorwyn v. Anable (Mo.) 234 Grand Court v. Downs (Miss.) 235 Grand Lodge A. O. U. W. v. Dreher (Ark.) 234 Grant v. Ins. Co. (Wis.) 191 Green v. Dunn (N. C.) 249 Green v. Felton (Ind.) 221 Green v. State (Ga.) 278 Greenlee v. Mosnat (Iowa) ' 274 Griffin v. Flank (N. Y.) 200, 219 Griffith V. Dickinson (N. Y.) 298 Griggs V. Guinn (N. Y.) 228 GriggB V. Perrin (U. S.) 299 Grisinger v. Hubbard (Idaho) 240 Groot V. O. S. L. R. Co. (Utah) 195 Gulf, C. & S. F. Ry. Co. v. Prazak (Tex.) 247, 253 Gunther v. Liverpool &c Ins. Co. (U. S.) 225, 227 Guth V. Dalton (N. Y.) 199, 200, 207 Gwaltney v. Scottish Carolina Timber Co. (N. C.) 280 Hafer, In re (Ohio) 196 Halbert v. Gibbs (N. Y.) 203 Hale V. McDermott (N. Y.) 198 Hamburger v. City of N. Y. (N. Y.) 215 Hamill v. Schlitz Brewing Co. (Iowa) 194, 258 Hamilton v. Butler (N. Y.) 227, 229 Hamilton v. State (Tex.) 246, 271 Hammond v. Wolf (Iowa) 251, 252, 254, 261 Hampton v. Moorhead (Iowa) 193, 195, 197 Harbison-Walker Co. v. White (Ky.) 252 312 table: of cases digested Hardy v. Curry (Kan.) 257 Harmon v. Harmon (Me.) 242 Harmon v. Territory (Okla.) 294 Harris v. Phila. Tract. Co. (Pa.) .' 183 Harris v. Quincy &c Ry. Co. (Mo.) 290 Harris v. State (Tex.) 273, 287, 289 Harrison v. Snalr (Iowa) 254, 258 Harry v. Hilton (N. Y.) 213 Harvey v. United States (U. S.) 247 Hauser v. Squire (N. J.) .254 Hawaii, In re petition of (Hawaii) 193 Hawes v. People (111.) 243 Heide v. Schubert (111.) .281 Helm V. State (Okla.) 192 Hempstead, Matter of Town of (N. Y.) 224, 225 Henderson v. Parry (Ga.) 178, 200, 204, 303 Henderson v. Tillamook Hotel Co. (Or.) 224 Henrichsen v. Smith (Or.) 297 Henry v. Meade Co. Bank of Sturgis (S. D.) 247 Henry v. State (Okla.) 284 Henwood v. People (Colo.) 265, 284 Hersey v. Tully (Colo.) 279 Hertzberg v. Elvidge (N. Y.) 228 Hester v. CantreU (Ala.) 247 Heyer v. Cunningham Piano Co. (Pa.) 190, 191, 255, 256 Hlbbard v. Zenor ( Iowa) 262 Hicks V. Grraves (Mass.) 235 Higgins V. Rued (N. D.) 297 Hlggins V. State (Ind.) 264, 286, 292 Hill V. Hagaman (Ind.) 247 Hill V. Nelson (N. Y.) 224 Hines v. Holland (Tex.) 186, 189, 295 Hofacre v. Monticello (Iowa) 256 Holland v. C. B. & Q. R. R. Co. (Neb.) 296 Holscher v. Gehrig ( Iowa) 240 Home Fire Ins. Co. v. Johnson (Neb.) 186, 295 Horrocks v. Thompson (N. Y.) 195 Howard v. Beldenville Lbr. Co. (Wis.) 271 Howerton v. Augustine (Iowa) '. 179, 250, 259 Hubbard v. People (111.) 289 Hudson V. Brie R. Co. (N. Y.) 229 Hughes V. Miller (111.) 223 Hughes V. Shingle Co. (S. C.) 304 Hullet V. Ames (111.) 242 Hussey v. Bradley (U. S.) 227 Hutchinson v. State (Ohio) 268, 288 Ide V. Boston & M. R. R. Co. (Vt.) 305 Iglesias, Estate of v. Bolivar (P. R.) 236 I. C. R. Co. V. Howard (Ky.) 237, 254 111. Cent. R. Co. v. Johnson (Ky.) 294 Ind. &c R. Co. V. Quick (Ind.) 240 Indianapolis Outfitting Co. v. Brooks (Ind.) 255 Indianapolis Water Co. v. Am. Straw Board Co. (U. S.) 202 Investors' Syndicate v. Pugh (N. D.) 224 Iowa Life Ins. Co. v. Haughton (Ind.) 283 Irrgang v. Ott (Cal.) 201, 205 Jackson v. Commonwealth (Va.) 279 Jackson v. Fulton (Mo.) 303 Jackson v. State (Tex.) 216 813 SHOETHAND EEPOETEES Jaffe V. Penn. R. Oo. (N. Y.) 275 James v. French (Pa.) .".!.'!!!!.'!!'.!."!'!!!!!!!'..!! .297 James v. McCann (Cal.) .209, 231 Jamieson v. State (Neb.) ' '. . .".'. . .'.' 277 Jeffries v. State (Okla.) , 218 Jenkins v. L. & N. R. R. Co. (Ky.) '. ........................... .219 Jenkins v. State (Wyo.) 190, 245 Jeremy Imp. Co. v. Commonwealth of Va. (Va.) 257 Jerich t. Union Pac. R. Co. (Neb.) 266, 284 Jerome v. Bohm (Colo.) 269 Johnson v. Corley (Mo.) .' ." 207 Johnson v. So. Pacific Co. (Utah) 294 Johnson v. State (Fla.) 266 Johnson v. Union Carbide Co. (Mich.) .' 293 Johnson v. Ward (Miss.) 189 Jones V. State (Ala.) 270 Jones V. State (Ga.) .' .' 269 Jones V. State (Tex.) " 218 Jones & Co. v. Smith (Tex.) .207 Jordan v. Howe (Neb.) !..!!!!! !272 Josselyn v. Town of Ludlow (Vt.) .!....'.!..! !248 Joy V. Bltzer (Iowa) 238 Kaeppler v. Pollock (N. B.) 193, 196 Kahn v. Norrie (N. Y.) 229 Kaiser v. Detroit United Ry. (Mich.) 275 Kaplan Bros., In re (U. S.) 267 Kavalier v. Machula (Iowa) 251, 252, 254 Keady v. Owers (Colo.) 177, 190, 192, 197, 209, 301 Keady v. United Rys. Co. (Or.) 237 Keane v. Pittsburg Lead Min. Co. (Idaho) 196, 220 Kearney v. State (Ga.) 190 Kecoughton Lodge v. Steiner (Va.) 242 Keith V. State (Ind.) 292, 293 Kell Milling Co. v. Bank of Miami (Tex.) 235 Kelley v. Clark (Idaho) 178, 253 Kellogg V. Scheuerman (Wash.) 292, 294 Kenney v. Prendergast (N. Y.) 215 Kentucky T. & T. Oo. v. Downing's Adm'r. (Ky.) 270 Kerns v. Prudential Ins. Co. (Pa.) 254 Kerr v. Lunsford (W. Va.) 264 Killfoil V. Moore (Tex.) 219 King V. Munzer (N. Y.) 221 King V. People (Colo.) 251 King V. "Wright (Ind.) 239 Kirchner v. Laughlin (N. M.) 272 Klepsch V. Donald (Wash.) 262, 285 Knecht r. Louisville Tel. Co. (Ky.) 238, 254 Knickerbocker Ice Co. v. Gray (Ind.) 274 Knight V. Chosen Freeholders of Ocean County (N. J.) 203, 204 Knight V. Ocean County Freeholders (N. J.) •. 200, 203, 232, 303 Knowlton v. Parsons (Mass.) 210 Knutson v. Moe Bros. (Wash.) 258 Koyer t. Willmon (Oal.) 190 Kreuger v. Sylvester (Iowa) 264 Labar v. Crane (Mich.) 262, 265 Ladd V. Kuhn (Ind.) 182 Lake v. Commonwealth (Ky.) 271 Lamb v. Toomer (Ga.) 232 Lamboglia v. School Bd. of Guayama (P. R.) 248 314 TABLE OP CASES DIGESTED Lamm v. State (Okla.) ^92 Landon v. Hunt ( Vt.) ...236 Lane v. Commonwealth (Ky.) .................... ] 252 Lane v. Tanner (Cal.) . '. '. 259 Lange v. Klatt (Mich.) 292 Langley v. Hill (Mich.) '. . .'.'.'.'.'.'.'.'.".'.'.'.'.'.'.' ' '.".'.'. 193, 207 Lanza v. Quarry Co. (Iowa) V '. . . .'.289 Lapique v. Super. Ct. of Orange Co. (Cal.) .240 Law Reporting Co. v. Texas Grain & Elevator Co. (Tex.) 202 Lawson v. Jones (N. Y.) 262, 269 Leatherwood v. Richardson (Ariz.) 235, 257 Lehigh County v. Meyer (Pa.) 199, 207, 213 . Leslie County v. Burt & Brabb Lbr. Co. (Ky.) 237 Levine v. Carroll (111.) 270 Levy V. Singer Mfg. Co. (Pa.) 254 L'Hommedieu v. C. W. & M. R. R. Co. (Ind.) 258 Llchtentag v. Tax Collector (La.) 177, 299 Lidgerwood Mfg. Co. v. Rogers (N. Y.) 297 Lippitt V. Bidwell (Conn.) 235 Lipscomb v. Lyon (Neb.) ' .' 267 Lltherland v. Cohn R. E. & Inv. Oo. (Or.) 229 Locklear v. Savage (N. C.) 248 Long V. Valleau (Iowa) 302 Long Is. Contr. Co. v. City of N. Y. (N. Y.) 219 Lopez v. American R. R. Co. (P. R.) 236 Lord V. Bishop (Ind.) 242, 246 Loudermilk v. State (Ala.) 280 Louisville & A. R. Co. v. Phillips' Admr. (Ky.) 241 L. & N. R. Co. v. Dilburn (Ala.) 275 L. & N. R. R. Co. v. Hall (Ala.) 248 L. & N. R. R. Oo. V. Payne (Ky.) 245 L. & N. R. Co. V. Ray (Tenn.) 227 Love V. Turner (S. C.) 300 Lowe V. Lowe (Iowa) 178, 194, 237, 238 Lowery v. Carver (Ind.) 238 Lucas V. Mays (Ala.) 234 Luckenback, The E. (U. S.) 219 Luckenbill v. Kreig (Ind.) 260 Lucker v. Liske (Mich. ) 265 Lueders v. U. S. (U. S.) 285 Lumber Mineral Co. v. King (Miss.) 256 Lush V. Town of Parkersburg (Iowa) 263 Lyle V. Sherman (Mich.) 304 Lyon V. Brown (N. Y.) 273 Lyon V. Davis (Ind.) 260 Macfarland v. West Side Imp. Assn. (Neb.) 192 Macvey v. Metropolitan El. R. Co. (N. Y.) 210 Madden v. Stegman (Kan.) 290 Magoohan v. Curran (Conn.) 189, 190 Mahoney's Admr. v. Rutland R. Co. (Vt.) 268 Maltby v. Plummer (Mich.) 206, 207 Manatt v. Scott (Iowa) 177, 193, 195, 197 Mankin v. Penn. Co. (Ind.) 238 Mann v. Moore (Ky.) 254, 261 Mansfield v. Hogsett (Tex.) 225 Maritch, Matter of (N. Y.) 204, 224 Mark v. Buffalo (N. Y.) 226 Marks v. Graham (Ky.) 211, 221, 231 Marshall v. State (Ind.) 238, 259 Mason v. State (Ala.) 186 315 SHOBTHAND BEFOBIEBS Mather v. King Co. (Wash.) 186 Mathews v. Mulford (Neb.) 296 Mattingly v. Nichols (Cal.) ' 194, 204 Mawich t. Elsey (Mich.) 282 Maynard v. Vinton (Mich.) 192, 222 Mays V. State (Tex.) 236 McAfee V. Walker (Kan.) 220 McAllister v. Oonn. Mut. Life Ins. Co. (Ky.) 254 McAllister v. Hamlin (Cal.) 201, 203, 214, 232, 303 McAnnulty v. Seick (Iowa) 238 McCall V. Alexander (S. C.) ; 282 McCarthy v. Bonynge (N. Y.) 198, 199 McCarthy v. Watrous (Iowa) 238, 258 McConkie v. Babcock (Iowa) 280 McCormick Harvesting Mch. Co. v. Gray (Ind.) 240, 258 McCoy V. Able (Ind.) 188, 240 McGee v. Beckley (Or.) 230 McGovern v. Eldredge (N. Y.) 302 Mclntyre v. M. W. A. (TJ. S.) 235 McKeever v. Kennedy (Ky.) 241, 254 McKenzie v. Ballard (Colo. ) 235 McKinley v. McKinley (Iowa) 298 McLean v. Wheelwright (R. I.) 252 McMillen v. Elder (Mo.) 247 McMullen v. Green (Tex.) 246 MeNeal v. Ritterbusch (Okla.) 276 McQuaid v. Portland & V. R. R. Co. (Or.) 234 Meacham v. Bear Valley Irrig. Co. (Cal.) 231 Meader v. Allen (Iowa) 178, 241, 242, 246 Mechanics &c Bank v. Glaser (Mo.) 225 Merchants Nat. Bank v. McKinney (S. D.) 234, 235 Merchants Nat. Bank v. Stebbins (S. D.) 262, 270 Merrick v. State (Ind.) 179, 207, 209, 215, 245 Merrill v. Bowe (Iowa) 251, 252, 254, 258, 259, 261 Merrill v. Leisenring (Mich.) 292 Merritt v. N. Y., N. H. & H. R. Co. (Mass.) 276 Metropolitan El. R. Co., In re (N. Y.) 225 Meyer v. Clift (Okla.) 200 Middendorf v. Baltimore Refrig. Co. (Md.) 242 Middlehurst v. Collins-Gunther Co. (Tex.) 244 Miles V. Walker (Neb.) 292 Miller v. Palmer (Ind.) 197, 205, 209, 213 Miller v. Preble (Ind.) 294 Miller v. State (Ind.) 217 Misner v. Darling (Mich.) 266 Miss. Cent. R. Co. v. Chambers (Miss.) 194 Mitchell V. Jensen (Utah) 256 Mockett V. State (Neb.) 193, 304 Molandin v. Railroad Co. (Colo.) 235 MoUOy V. U. S. Ex. Co. (Pa.) 265 Monahan v. Godkin (U. S.) 227, 228 Mont. Ore Purch. Co. v. B. & M. &c. Co. (Mont.) 222, 226 Moore v. Commonwealth (Ky.) 268 Moore v. Moore (Iowa) 294 Moore v. State (Ark.) 190, 234, 238 More V. Bennett (111.) 299 Morgan, Ex parte (Ind.) 215 Morman v. State (Ga.) 277 Moynahan v. City of N. Y. (N. Y.) 198, 215, 216 Muloahey v. Lake E. & W. R. R. Co^ (U. S.) 274 MuUett V. Morris (Ark.) 218 316' TABLE OF OASES DIGESTED Page Munson v. New York (N. Y.) 214 Murphy v. Citizens Bank (Ark.) 261 Murphy & Co. v. Dunman (Tex.) 248 Murtaugh, In re (N. Y.) 200, 202 Myers v. Campbell (S. D.) 196, 246 i Nacogdoches Grocery Cp. v. Rushing & Smith (Tex.) 244 Neidy v. Littlejohn (Iowa) 273 Neilson v. Coal, Cement & Supply Co. (U.S.) 184 Nelson v. McLellan (Wash.) 223 Nesbit V. Crosby (Conn.) 196 New V. Smith (Kan.) 266, 291 Newman Lumber Co. v. Lucas (Miss.) 253 New Orleans & N. E. R. Co. v. Catts (Miss.) 193 Nichols V. Harris (La.) 178, 179 Nicholson Coal Min. Co. v. Moulden (Ky.) 246, 288 Nome Beach &c. Co. v. Standard Marine Ins. Co. (U. S.) 271 North River Ins. Co. v. Walker (Ky.) 294 Norwegian Lutheran Church v. Krelsovitch (N. Y.) 191 Nosier V. Coos Bay &c. R. & Nav. Co. (Or.) 239, 249 Novotny v. Danforth (S. D.) 219 Noyes v. Gilman (Me.) 262, 271 Nugent V. Keenan (N. Y.) 228, 229 Nutriment Co. v. Geo. Green Lumber Co. (111.) 199 O'Brien, In re (Pa.) 238 O'Brien v. City of Niagara Falls (N. Y.) 184 O'Brien v. Stambach (Iowa) 293 O'Keefe v. Beecher (N. D.) 248 Oklahoma Ry. Co. v. Boles (Okla.) 290 Oliver Typewriter Co. v. Burtner (N. M.) 260 Orama v. Oyanguren (P. R.) 236 O'Rourke v. Grand Opera House Co. (Mont) 285 Orteiza v. Martinez (P. R.) 236 Oster V. Broe (Ind.) 182 O'Sullivan, Matter of (N. Y.) 184 Otto V. Young (N. Y.) 279 Pace V. State (Tex.) 267 Packham v. Ludwig (Md.) 274 Padgitt V. Moll (Mo.) 196, 279 Palmer v. Miller (Ind.) 209 Palmer v. Palmer (Iowa) 219 Park v. Mighell (Wash.) 199 Park V. N. Y. C. R. R. (N. Y.) 223 Parker v. State (Tex.) 297 Parr v. Currenee (W. Va.) 239 Patterson v. State (Ala.) 266 Patterson v. Yancey (Mo.) 240 Payne v. Murphy (Cal.) 182 P. C. C. & St. L. Ry. V. Story (111.) 293 Pearson's Est. (Pa.) 206 Pease v. Monroe (Mich.) 248 Pelton V. Bauer (Colo.) 259 Penberthy v. Lee (Wis.) 292 Penn. Co. v. Trainer (Ohio) 272, 282 People V. Ah Yut (Cal.) 260, 276, 289 V. Anthony (111.) 243, 303 V. Armstrong (Cal.) 288 V. Arnold (Cal.) 188 V. Becker (Cal.) 203, 303 317 SHORTHAND REPORTERS Page People V. Becker (Mich.) 291 V. Bocanegra (P. R.) 236 V. Brenes (P. R.) 236 V. Buccufurri (N. Y.) 243 V. Carty (Cal.) 260, 267, 292, 294 V. Chung Ah Chue (Cal.) 289 V. Chytraus (111.) 243, 303 , V. Coco (N. Y.) 188 V. Delhantle (Cal.) 183, 188 V. Diaz (P. R.) 236 V. Donez (P. R.) 236 V. Duran (P. R.) 236 V. Eligier (P. R.) 236 V. Foy (N. Y.) 278 V. Garnett (Cal.) 266, 288 V. Getty (Cal.) 248 V. Grout (N. Y.) 216 V. Grundell (Cal.) 194, 289 V. Hoke (N. Y.) 275 V. Holdom (111.) 243, 303 V. Jameson (111.) 242 V. Kelly (Cal.) 188, 197 V. Kelly (111.) 184 V. Lander (Mich.) 183, 188 V. Lee Fat (Cal.) 289 V. Lem-You (Cal.) 292 V. Llauger (P. R.) 248 V. Lon Me (Cal.) 187 V. Luis (Cal.) 276 V. Mackard (Mich.) 293 V. Martin (N. Y.) 276 V. McGrath (Utah) 179 V. Mclntyre (Cal.) 183 V. McKinney (Mich.) 272, 291 V. Melandrez (Cal.) 283 V. Merced (P. R.) 236 V. Morine (Cal.) 256, 274 V. Mullaley (Cal.) 188 V. Ong Git (Cal.) 276 V. Padillia (Cal.) 248 V. Pearson (111.) 242 V. Pembroke (Cal.) 283, 286 V. Pendergast (111.) 243 V. Phillips (Cal.) 249 V. Qurise (Cal.) 276 V. Ramos (P. R.) 235 V. Randazzio (N. Y.) 267 V. Riley (Cal.) 257 V. Robles (P. R.) 236, 248 V. Santiago (P. R.) 191, 236, 287 V. Shuler (Mich.) 277 V. Sprague (Cal.) 248 V. Taing (Cal.) 238, 248 V. Tetherow (Cal.) 248 V. Thiede (Utah) 194 V. Torres (P. R.) 236 V. Vitusky (N. Y.) 290 V. Warr (Cal.) 275, 285 V. Willett (N. Y.) 215 V. Williams (111.) 243 V. Wilson (Cal.) 266, 284 318 TABLE OF OASES DIGESTED People V. Woods (Cal.) 288 People ex rel v. Board of Estimate (N. Y.) 200 V. Milliken ( N. Y.) 178 V. Prendergast (N. Y.) 216 V. Raymond (111.) ^ 180, 190, 191, 203, 303 Peoples V. Evans (Tex.) ? 249 Peoples V. Garrison & Son (Ga.) 192 Peterson v. Lundquist (Minn.) 297 Petty V. San Joaq.uin County Court (Cal.) 230 Petty V. State (Ark.) 283 Pfandler &c. Co. v. Pfandler (N. Y.) 227, 229 Prandler &c. Co. v. Sargent (N. Y.) 227, 229 Phares v. Barber (111.) 262, 272 Philadelphia v. West Phila. Institute (Pa.) 255 Pickard v. Bryant (Mich.) 262, 281 Pickle V. Finley (Tex.) 214 Pike V. Hauptman (Neb.) 282 Pilcher v. Sioux City Safe Co. (S. D.) 209 Pine River Logging Co. v. United States (U. S.) 226 Pipher v. Superior Court (Cal.) 233 Pistorious v. County Supervisors (Mich.) 201 Pitman v. Marquardt (Ind.) 197 Podrat v. Narragansett Pier R. Co. (R. I.) 280 Poitevent v. Scarborough (Tex.) 248 Polsgrove v. Walker (Ky.) 199, 205, 206, 212 Pope V. Perault (N. Y.) 208 Porter v. State (Tex.) 187 Postal Tel. Cable Co. v. Louisville Cotton Oil Co. (Ky.) 244 Poucher v. Faber (N. Y.) 209 Pound V. State (Ga.) 263 Pratt V. Browne (Cal.) 182 Pratt V. Clark (N. Y.) 222, 229 Prescott Nat. Bank v. Head (Ariz.) 252 Preuit V. People (Neb.) 185 Prewitt V. S. W. Tel. & Tel. Co. (Tex.) 274 Price V. Garland (N. M.) 224 Price V. Western Distillery Co. (N. Y.) 222 Provost V. Farrell (N. Y.) 224, 225 Pulcino V. Long Is. R. R. Co. (N. Y.) 248 Query v. Cooney (N. Y.) 212, 213 Quinlan v. Commonwealth (Ky.) 270 Quinn v. Halbert (Vt.) 262, 265 Quinn v. Metropolitan St. Ry. Co. (Mo.) 246 Rader v. Galveston &c. Ry. Co. (Tex.) 237 Raft River Land &c. Co. v. Langford (Idaho) 177, 192, 222 Ragland v. Palmer (Ga.) 204, 208 Ralton V. Sherwood Logging Co. (Wash.) 280 Randall v. Peerless Motor Car Co. (Mass.) 270 Rapier v. Guedry (La.) 186 Ratlife V. Quincy &c. R. Co. (Mo.) 290 Ray Co. Sav. Bank v. Hutton (Mo.) 224 Raymond v. Thexton (Mont.) 238 Rector v. Druley (Ind.) 235 Redford v. Spokane St. R. Co. (Wash.) 272 Reese v. Morgan (Utah) 283 Reichers v. Dammeier (Ind.) 283 Reid V. Reld (Cal.) 262, 266, 272, 286 Reiniger v. Besley (Ariz.) 256 Rels, Ex parte (Cal.) 177, 203, 303 319 BHOBTHAin) BEFOBTEBg Page Requena v. Mesa (P. R.) 236 Reuscher v. Attorney General (Ky.) 179, 201 Reynolds v. Campling (Colo.) 251 Reynolds v. New York (N. Y.) 221 Rhodes v. Spencer (Cal.) 208 Rice V. Rice (Mich.) 249 Rice V. Roberts (Tex.) 181, 218 Richards v. Lounesbury (Iowa) 254, 255, 259 Richards v. State (Ark.) . . . ■. 187 Richards v. Superior Court (Cal.) 207, 217 Richardson v. State (Wyo.) 177, 296 Rico R. & M. Co. V. Musgrave (Colo.) 265 Ridabrock v. Metropolitan &c R. Co. (N. Y.) 223 Rivera v. Tibot (P. R.) 248 Roach V. Caldbeck (Vt.) 242 Roberts v. Atlanta Consol. St. Ry. Ck). (Ga.) 277 Robertson v. Commonwealth (Ky.) 251, 254 Robertson v. Ellis Co. (Tex.) . . . •. 180 Robinson v. Lafollette (W. Va.) 231, 232 Roby, Geo. W. Lumber Co. v. Gray (Mich.) 225 Roebling Sons Co. v. B. & M. Tract Co. ( Vt.) 242 Roemer v. Mottley (Ky.) 237 Rogers v. Brown (U. S.) 185, 221 Rogers v. Richards (N. M.) 238 Roman v. American R. R. Co. (P. R.) 236 Rosenthal v. Ehrlicher (Pa.) 177, 184, 188, 190, 191, 238, 255, 260 Rosenthal v. Luzerne County (Pa.) 203 Rosner, In re (Wash.) 243, 303 Ross V. Duggan (Colo.) 235 Ross V. Leader (Iowa) 298 Ross V. Loomis (Iowa) 256 Rothschilds Sons Co. v. McLaughlin (Pa.) 254, 259 Rounds V. State (Wis.) 275 Routledge v. Blmendorf (Tex.) 195 Rozar v. McAllister (Ga.) 193, 208 Rozinsky, In re (U. S.) 228 Rudd V. Dewey (Iowa) 263 Ruddy V. McDonald (111.) 226 Rudisell v. Jennings (Ind.) 295 Russell V. Philadelphia . (Pa.) 20O Russell, Admr. v. Hammock (Ga.) 249 Ryan v. Rand (N. Y.) 213 Rynerson v. Allison (S. C.) 260 Sage V. State (Ind.) 262 St. Croix Lumber Co. v. Pennington (Dak.) 234 St. L. S. W. Ry. Co. v. Boyd (Tex.) 284 St. L. S. W. Ry. Co. v. Rea (Tex.) 274 Sais V. Sais (Cal.) 295 Salmon v. Haynes (N. J.) 184 Salo V. Duluth &c R. R. Co. (Minn.) 228 Salt Lake City v. Robinson (Utah) 217 Samuels, In re (U. S.) 195 San Antonio Tract. Co. v. Badgett (Tex.) 280 Sanborn v. Fitzpatrick (Or.) 260 Sanders v. Norris (N. C.) 297 Sanders v. State (Miss.) 178 Scarborough v. Harrison Naval Stores Co. (Miss.) 252 Schlotterer v. Brooklyn & N. Y. Ferry Co. (N. Y.) 194 Schnadt v. Davis (111.) 212 Schoenfeldt v. State (Tex.) 185, 295 320 TABIjpi OF CASES DIGESTED Page Schon V. M. W. A. (Wash.) 301 Scott V. Univ. Mich. Athl. Assn. (Mich.) 219' Seaboard Air Line Eailway t. Memory (Ga.) 201, 231 Sebley v. Nichols (N. Y.) 222 Sebree v. Board of Education (111.) 273 Sebree v. Rogers (Ky.) 212 Security Trust & Life Ins. Co. v. Stuart (Tex.) 184 Sedlacek v. Bryan (U. S.) 224, 229 Seligman v. Ten Eyck (Mich.) 294 Semmens v. Walters (Wis.) 237, 258 Senior v. Anderson (Cal.) 225, 227 Shaft, In re Inquest of (Pa.) . . ., 215 Shaver v. Eldred (N. Y.) 225, 227 Sheridan v. Genet (N. Y.) 213 Sherman v. Higgins (Mont.) 238 Shirk v. Coyle (Ind.) 238, 254 Showen v. Metropolitan St. Ry. Go. (Mo.) 287 Sinclair's Admr. v. 111. Cent. R. R. Co. (Ky.) 241 Skillman's Estate, In re (Iowa) 259 Skipper v. Kingsdale Lumber Co. (N. C.) 248 Slocum V. Brown (Iowa) 271 Slusher v. Pennington (Ky.) 241 Small V. Poffenbarger (Neb.) 294 Smith V. American Crystal Monument Co. (Ind.) 239 Smith V. Northern Pac. Ry. Co. (Wash.) 281 Smith V. Pecos Valley Company (Tex.) 296 Smith V. Sisters of the Good Shepherd (Ky.) 218 Smith V. Skulley (Kan.) 293 Smith V. Smith (Iowa) 300 Smith V. State (Neb.) 274 Smith V. State (Tex.) 267, 272, 274, 286 Smith V. Strother (Cal.) 180, 182 Smith V. Times Pub. Co. (Pa.) 237 Smyth V. Stoddard (111.) 225 Snelling v. State (Fla.) 293 Snow V. Tarpey (Utah) 235 Snyder v. State (Ark.) 234 Sommer v. Compton (Ore.) 230 Sorenson v. Donahue (S. D.) 228 Souchek v. Karr (Neb.) .267 Southern Ry. Co. v. Owen (Ky.) 291 Southern Ry. Co. v. Schmidt (Ky.) 257 Southern Ry. Co. v. Thurman (Ky.) 237, 254 Speilman v. Flynn (Neb.) 257, 265, 271 Speiser v. TSTorth Jersey St. Ry. Co. (N. J.) 244, 254 Spiers v. Hendershott (Iowa) 273 Spinney v. Halliday (Iowa) 255 Spring V. Day (N. Y.) 227, 229 Stagg V. Compton (Ind.) 240 Stahl V. City of Duluth (Minn.) 292 Staley v. Colony Union Gin Co. (Tex.) 246 Stark, In re (U. S.) 206 Starkweather v. Sundstrom (N. Y.) .223 State V. Baldwin (Kan.) 292, 294 V. Bates (Ind.) i|7 V. Bercaw (Ind.) 258 V. Berger (Kan.) 264 V. Bowman (Me.) 1°° V. Brewster (Vt.) • • • • •187 V. Brown (Iowa) 18". 263 V. Carlson (Idaho) 258 321 SHOBTHAND BEFOBTEBS Page state v. Cater (Iowa) 217 V. Clerk (La.) 177 V. Conklin (Iowa) 180, 263 V. Cunningham (Mont.) 202 V. Dalton (Mo.) 240 V. Dean (Iowa) 287 V. Delvecchio (Utah) 257 T. Dewey (Iowa) 217 V. Drea&y (Kan.)' 184, 185 V. Erickson (Wash.) 301 V. Fetterly (Wash.) 263 V. Fielding (Iowa) 279 T. Frater (Wash.) 181 V. Frederic (Me.) 181, 262 V. Freidrich (Wash.) 272 T. Frost (Iowa) 185 V. Gentry (Kan.) 283 V. George (Minn.) 292 V. Glass (Wis.) 191 V. Goodsell (Iowa) 217 V. Gustaldi (Utah) 185 V. Hannett (Vt.) 292 V. Harmon (Del.) 288 V. Harris (Iowa) 217 V. Hessian (Iowa) 238 V. Hillstrom (Utah) 261, 269, 284 V. Hoyt (Conn.) 303 V. Hultz (Mo.) 247 T. Hunt (Iowa) 277 V. Johnson (S. C.) 295 V. Jones (S. C.) 288 V. Kehr (Iowa) 217, 240, 244 V. Kendig (Iowa) 293 V. Kessler (Utah) 197 V. Kimes (Iowa) 180, 263, 287 V. Laird (Kan.) 179 T. Larkin (Nev.) 238 V. Ledwidge (Mont.) 192, 193, 208, 305 T. Longstreth (N. D.) 264 V. Manning (Vt.) ; 278 V. Martin (Or.) 273 V. Mayo • (Wash.) 301 V. McDonald (Me.) 286 V. McPherson (Or.) 276 V. Miles (Wash.) 178 v. Moore (Neb.) 204, 207, 209, 212, 216 V. Morgan (Utah) , 296 V. Mushrush (Iowa) 286 V. Natali (La.) 187 V. Newman (Minn.) 266 V. Norton (S. C.) 279 V. Novak (Iowa) 191, 238 V. Owens (Iowa) 250 V. Pagels (Mo.) 185 V. Perkins (Iowa) 277 v. Rash (Del.) 268 V. Robbing (Iowa) 217 V. Rogers (S. C.) 285 V. Rubaka (Conn.) 196, 277 V. Salmon (Mo.) 187 V. Shaffer (Iowa) 217 322 TABLE OF CASES DIGESTED Page state V. Shepherd (Mont.) 239 V. Smith (Iowa) ". . .'.'. .".'.I'gV 262, 292' 293 V. Smith (S. C.) .295 V. Steidley (Iowa) 217 V. Sullivan (Mo.) 186,187 V. Supple (Mont.) 192, 305 V. Vance (Utah) 194, 256, 262, 283 V. Vicknair (La.) 204 V. Von Klein (Or.) '.'. . .271, 284 V. Welsh (Iowa) 240, 250, 258 V. Wine (S. C.) 304 V. Wright (Iowa) 217 State ex. inf. Major v. McKay (Mo.) 178 State ex rel v. AUyn (Wash.) 208, 245 V. Bd. of Education (N. M.) 219 V. Chetlain (111.) 181, 243, 245, 303 V. Clifford (Wash.) 243, 250 V. Cutler (Utah) 205 V. Derbyshire (Wash.) 181 V. Edwards (Utah) 205 V. Penimore (Wash.) 217 V. Ford (Mo.) 178 T. Gans (Mo.) 224 V. Gaslin (Neb.) 297 V. Gideon (Mo.) 214 V. Grimes (Wash.) 230 V. Hitchcock (Mo.) 177, 218, 220, 230 V. Murphy (Mo.) 185 V. Otis (Minn.) 249 State ex rel Cohn v. Sec. Jud. Dist. Ct. (Mont.) 253 State ex rel Dempsey v. Sec. Jud. Dist. Ct. (Mont.) 215, 305 State ex rel v. Slover (Mo.) 189, 190, 203 V. Super. Ct. Lewis Co. (Wash.) 217, 230 V. Superior Court (Wash.) 216, 250 V. Wear (Mo.) 244 V. Wofford (Mo.) 177, 185, 207, 215 V. Woodside (Mo.) 205 Stealer v. State (Okla.) 269 Steele Smith Co. v. Potthast (Iowa) 257 Stenographer Cases (Me.) 298 Stevens v. N. Y. El. R. Co. (N. Y.) 222 Stevens v. Truman (Cal.) 177, 181, 182, 214, 232 Stewart v. Colfax Consol. Coal Co. (Iowa) 220 Stewart v. Davis (Mo.) 251 Stewart v. Port Huron First Nat. Bank (Mich.) 262 Stoekwell v. Supervisors of Genesee (Mich.) 199 Stout V. Stout (Ind.) 259 Stowe V. State (Wash.) 216 Strand v. Crooked River M. & M. Co. (Idaho) 240 Street v. Smith (N. M.) 260 Stringfellow v. State (Tex.) 286 Stuckey v. Fritsche (Wis.) 280 Studabaker v. Faylor (Ind.) 287 Sturgeon v. Tacoma E. Ry. Co. (Wash.) 301 Sullivan v. Eddy (111.) 287 Supervisors v. Mlnturn (W. Va.) 232 Sweat V. State (Tex.) 269 Sweet V. Ellis (N. Y.) 304 Tallmadge v. Hooper (Or.) 177, 260 Taylor's Estate (Pa.) 202 323 SHORTHAND BEFOBTERS Page Taylor v. MeConigle (Cal.) , 195, 231 Taylor v. Preston (Pa.) 301 Temple v. Brooks (N. Y.) 207 Territory v. Christman (N. M.) 254 Texas & N. O. R. Co. v. Williams (Tex.) 269 Thacker v. State (Okla.) 192 Thomas v. American Molasses Co. (N. Y.) 243 Thomas v. Borden (Pa.) 255 Thomas v. Thomas (Or.) 204 Thompson v. Petriello (Pa.) 254 Thornsberry v. State (Okla.) 298 Thornton v. Rogers (N. Y.) 212 Thornton v. Tuttle (N. Y.) 210, 211 Thurstln v. Luce (Mich.) 193 Tlngley v. Bellingham Bay Boom Co. (Wash.) 227 Tinaley, Matter of (N. Y.) 198 Tobey's Estate, In re (Iowa) 258 Todd, In re (U. S.) 223, 226 Toddes v. Hafer (Pa.) 301 Toohey v. Plummer (Mich.) 281 Tower v. Haslam (Me.) 242 Tower v. Somerset (Mich.) 248 Tracy's Adm'x. v. Carver Coal Co. (W. Va.) 239 Trefts V. MoDougald (Cal.) 181 Trenkman v. Schneider (N. Y.) 275 Truman, Ex parte (Cal.) 231 Turner v. Smith, Calhoun Circuit Judge (Mich.) 215, 230 Turner v. S. W. Mo. R. Co. (Mo.) 287 Turner v. Thornton (Ala.) 247 Tyrrel v. Hammerstein (N. Y.) 213 Underwood v. Lawrence County (S. D.) 190, 191, 204 Underwood Typewriter Co. v. Anderson (Kan.) 253 U. S. V. American Tobacco Co. (U. S.) 187 U. S. V. Choa Tong (P. L) 256 U. S. V. Choctaw O. G. R. Co. (Okla.) 234 U. S. V. Denison (U. S.) 184, 212 U. S. V. Reading Co. (U. S.) 273 U. S. V. Rockefeller (U. S.) 188 U. S. V. Rubin (U. S.) 188 U. S. V. Simmons (U. S.) 187 Vandewege v. Peter (Neb.) 282 Van De Wiele v. Garbade (Or.) 236 Vann v. State (Ga.) 279 Van Norman v. M. B. A. (Iowa) 289 Van Veen v. County of Graham (Ariz.) 205 Varnum v. Wheeler (N. Y.) 177, 190, 222, 227 Vaughn v. State (Tex.) 278 Vlbbard v. Kinser Constr. Co. (N. Y.) 223 Vogel Co. V. Reinhardt (N. Y.) 229 Von Storch v. Von Storch (Pa.) 301 Wadsworth v. Natl. Bank (Iowa) 258 Wadsworth v. State (Okla.) 268 Waggoner v. Sneed (Tex.) 270 Wagner v. Sattley Mfg. Co. (Okla.) 259 Wagoner v. Wilson (Ind.) 260 Walte V. Vinson (Mont.) 223 Walker v. Baerman (N. Y.) 302 324 TABLE OF CASES DIGESTED Walker v. Walker (Iowa) 262 Wall V. Casualty Co. (Mo.) 253 Walsh V. Jackson (Colo.) 200 Walter v. Sun Fire Office (Pa.) 302 Warbasse v. Card (Iowa) 251 Ward V. Ward (N. Y.) 225 Washoe County v. Humboldt County (Nev.) 201 Weber v. Interborougb Rapid Transit Co. (N. Y.) 243 Welgand v. Alliance Supply Co. (W. Va.) 183 Wells V. Chase (Wis.) 276 West V. McDonald (Or.) 219 West V. State (Ga.) 196 Westerfleld v. Baldwin (Ky.) 277 W. U. Tel. Co. V. Corso (Ky.) 179 Westgate v. Aschenbrenner (111.) 281 Westlake v. Keating Gold Min. Co. (Mont.) 264, 272 Wheaton v. Atlantic Giant Powder Co. (Mich.) 208 Wheeling Term. Ry. Co. v. Tussell (U. S.) 249 White V. Snyder (Md.) 250 Whitney v. Roe (N. Y.) 222, 227, 228 Whitton V. Sullivan (Cal.) 210, 213 Wiener v. Rudinsky (N. Y.) 230 Wiener v. Zweib (Tex.) 270 Wierichs v. Innis (N. Y.) 248 Wiggins V. Swayze (Iowa) 259 Williams v. Cooley (Ga.) 304 Williams v. Lane (Cal.) 234 Williams v. Lewis (N. Y.) 289 Williams v. Sleepy Hollow Min. Co. (Colo.) 273 Williams v. Turnpike Co. (Ind.) 242, 246 Williams v. Wolff (Ga.) 284 Wilmoth V. Wheaton (Kan.) 290 Wilson V. City of Philadelphia (Pa.) 213 Wiltsey's Will, In re (Iowa) 262 Wis. S. F. Co. V. Lumber Co. (Wis.) 228 Wood V. Chickasaw Co. (Miss.) 203 Wood V. McCain (S. D.) ; 247 Wood V. State (Tex.) 296, 300 Woodruff V. Goldbach (Ky.) 183, 199 Woodward v. Heist (Pa.) 190, 191, 255 Woodward Iron Co. v. Herndon (Ala.) , 248 Woodworth v. Seymour (N. Y.) v • -195 Woollen V. Wishmier (Ind.) 238 Wooster v. Handy (U. S.) 227 Wright V. Nostrand (N. Y) 199, 206, 208, 304 Wright V. State (Tex.) 237 Wright V. Wilson (Ind.) 222 Wright V. Wright (Kan.) 183, 262, 293 Yoast V. Beatty (Pa.) 254, 255 Yocum's Adm'x. v. C. N. O. & T. P. Ry. Co. (Ky.) 269, 282 Yolo County v. Joyce (Cal.) 216 York V. Steward (Mont.) 244 Young V. Extension Ditch Co. (Idaho) 223 Young V. Gaut (Ark.) 241 Young V. Kansas City (Mo.) 181 Young V. Pearman (Tex.) 243 Zehe's Admr. v. City of Louisville (Ky.) 245 Zelmanovitz v. Manhattan R. Co. (N. Y.) 223 325 THE HOMESTEAD PRINTING CO., DES M01NE3