Page:United States Statutes at Large Volume 31.djvu/496

444 FIFTY-SIXTH CONGRESS. SEss. I. CE. 786. 1900. c,;‘;,f”°’· *‘°W °*°’· Sec. 706. For the effectual exercise of the powers specified in the last section, the court may punish for contempt in the cases and the _ manner provided in this co e. m{j¤<1ic¥¤1¤$g¤r.¤;¤; `SEo. 707. A judicial officer is a person authorized to act as a judge quaiiiigd to actdd E in a court of justice. Such officer shall not act as such in a court of which he is a member in any of the following cases: First. In an action or proceeding to which e is a party, or in which he is directl interested; Second. When he was not present and sitting as a member of the court at the hearing of a matter submitted for its decision; Third. When he IS related to either party by consanguinity or affinity within the third degree; Fourth. When he has been attorney in the action or proceeding in question for either party. But this section does not apply to an application to change the place of trial or the regulation of the order o business in court. In the cases specified in subdivisions three and four the disqualification may be waive by the parties, and shall be deemed to be waived unless an application be made as provided in this code. , juggg‘;},‘$§;’;nj_’g§e_°‘ Sec. 708. Whenever it appears that the judge of the district court presiding in the division where the action is pending is disqualified under the provisions of the section last preceding the action shall be transferre to another division of said court unless a jud e of another division will appear and preside during the disposition tghereofz Provided, lwwefvevg hat the parties may by written stipulation agree upon a member of the bar of said court to try the same.- _ t0J&Q*g;¤j“g§§g; ggf SEo. 709. Any judicial officer may act as an attorney in aniy action cept.or proceeding to which he is a party or in which he is direct y interested. A justice of the peace, otherwise authorized by law, may act as an attorney in any court other than the one of which he is judge, except in an action or dproceeding removed therefrom to another court for review; but no ju icial offcer shall act as attorney in any court, or otherwise other than as in this section allowed: Provided, No `ustice . of the peace or other judicial officer shall have a partner who shall practice law or act as attorney in the court over which he presides. 0,*;g*g§;°***l“d¤°°‘*” Sec. 710. A judge may_ exercise, out of court, all the powers expressly conferred upon a judge as contradistmguished from a court, an not otherwise. , 0¤§"gg;§’ °* l“*“°***l Sec. 711. Every judicial officer has power- ` First. To preserve and enforce order in his immediate presence, and in the proceedings before him, when he is engpged in the performance of a duty imposed upon him by this code or o er statute; hSec§3d. To compel obedience to his lawful orders, as provided in t is c e;_ Third. To compel the attendance of (persons to testify in a proceeding pendin§`before him in the cases an manner provided in t is code; ourth; o administer oaths to persons, in a proceeding pending before him, and in all other cases where it may be necessary, in the exercise of his powers and the performance of his duties. m1;%w¤¤‘¤· MW ·==9¤* SEO. 712. For the effectual exercise of the powers specified in the ` last section, a (judicial officer may punish for contempt in the cases and k d manner provided_in this code. _ _ _ ,,§§}§,°§m°§,E,‘},§ ‘“‘ Sec. 713. The judge of the district court has power ID any part of the district to take and certify- First. The proof and acknowledgment of a conveyance of real property, or any other written instrument authorized or required to e proved or acknowledged; Second. The acknowledgment of satisfaction of a judgment in any court; `