Page:1887 Compiled Laws of Dakota Territory.pdf/155

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§§ 474-483
POLITICAL CODE.
The Judiciary.

Proceedings to remove or suspend. s. 13, c. 18, Pol. C.

§ 474. The proceeding to remove or suspend an attorney may be commenced by direction of the court, or on motion of any individual. In the former case the court must direct some attorney to draw up the accusation; in the latter the accusation must be drawn up and sworn to by the person making it.

Accusation, how answered. s. 14, c. 18, Pol. C.

§ 475. To the accusation he may plead or demur, and the issues joined thereon shall in all cases be tried by the court, all the evidence being reduced to writing, filed and preserved.

Judgment on plea of guilty. s. 15, c. 18, Pol. C.

§ 476. If the accused plead guilty or fail to answer, the court shall proceed to render such judgment as the case requires.

Appeal from judgment. s. 16, c. 18, Pol. C.

§ 477. In case of removal or suspension being ordered by a district court, an appeal therefrom lies to the supreme court, and all the original papers, together with a transcript of the record, shall thereupon be transferred to the supreme court, to be there considered and finally acted upon. A judgment of acquittal by the district court is final.

Refusal to pay over money. s. 17, c. 18, Pol. C.

§ 478. An attorney who receives the money or property of his client in the course of his professional business, and refuses to pay or deliver it in a reasonable time after demand, is guilty of a misdemeanor.

No penalty unless lien secured. s. 18, c. 18, Pol. C.

§ 479. When the attorney claims to be entitled to a lien upon the money or property, he is not liable to the penalties of the preceding section until the person demanding the money or property proffers sufficient security for the payment of the amount of the attorney's claim when it is legally ascertained.

No liability if security given. s. 19, c. 18, Pol. C.

§ 480. Nor is he in any case liable as aforesaid, provided he gives sufficient security that he will pay over the whole, or any portion thereof, to the claimant, when he is found entitled thereto.


ARTICLE 7.-Stenographers.

Section.

481. Stenographers may be appointed.

482. Duty of reporter.

483. Reporter to make transcript-Compensation.

Section.

484. Same-Fees to be taxed as costs.

485. Reporter to attend court in different counties-Mileage.

486. Tenure of office and oath.

Stenographers may be appointed by judge. s. 1, c. 52. 1879.

§ 481. The judges of the district courts in each judicial dis- triet may appoint, whenever in his judgment it will expedite public business and tend to the more economical administration of justice, a short-hand reporter who shall be well skilled in the art and competent to perform the duties required of him.

Duty of reporter. s. 2, c. 52, 1879.

§ 482. It shall be the duty of such reporter, under the direction of the court, to take down in short-hand the oral testimony of witnesses, the rulings of the court, the oral instructions of the judge, if any such oral instructions are given, the objections made and exceptions taken during the trial in all criminal cases, and in civil cases when either of the parties or the judge direct it, and also such other matter as the court shall order; and for each day actually and necessarily employed in the performance of such duties he shall receive such sum as may be fixed by the judge, not exceeding ten dollars per day, to be audited and paid by the county or subdivision wherein such service shall be rendered, upon the order of the judge.

To make transcript-Compensation. s. 3, c. 52, 1879.

§ 483. The judge may, on the application of either party in a criminal case, direct such reporter to make out and file with the clerk of the court a transcript of his short-hand notes in long-hand, when the same is needed in such cause, and he shall receive as a compensation therefor such sum as may be fixed by the judge, not exceeding fifteen cents for each one nundred words, to be audited and paid as provided in section 482.

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