Page:United States Statutes at Large Volume 47 Part 1.djvu/935

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72d CONGRESS . SESS. II. CH. 127. FEBRUARY 27, 1933 .

911 and shall keep, such Other dockets as may be required for the pur- poses of said court . SEC. 25. POWERS OF DI ST RIC T JU DGE .-The district ju dge may, at er District Judge, pow- chamb ers, grant all o rders and writs which are usuall y gra nted in the first instance upon an ex parte application, and may, at cham- bers, hear and d ispos e of such orders and writs ; and m ay als o, at chambers, appoint appraisers, receive inventories and accounts to be filed, suspend the powers of executors, administrators, or guard- ians in the cases allowed by law, grant special letters of adminis- tration or guardianship, approve claims and bonds, and direct the issuance from the court of all writs and process necessary in the exercis e of the ir powers in matt ers of p robate . S EC. 2 6 . DIsQUALIFIcATIoN or JUDG ES.-NO judge or magistrate judges . of shall sit or act as such in any action or proceeding : 1 . To which he is a party or in which he is interested ; 2 . When he is related to either party, or to an officer of a cor- poration, which is a party, or to an attorney, counsel, or agent of eithe r par ty, by cons angui nity or aff inity with in the thir d deg ree computed according to the rules of law ; 3. When;' in the action or proceeding, or in any previous action or proceeding involving any of the same issues, he has been attorney or counsel for any party ; or when he has given advice to any party upon any matter involved in the action or proceeding ; or when he has been retained or employed as attorney or counsel for any party within two years prior to the commencement of the action or pr o- ceeding , 4 . When it appears from the affidavit or affidavits on file that either party can not have a fair and impartial trial before the dis- trict judge, about to try the case, by reason of the prejudice or bias of such judge . The affidavit or affidavits alleging the disqualifica- tion of the judge must be filed and served upon the adverse party or the attorney for such party at least one day before the day set for trial of such action or proceeding ; provided, counteraffidavits may be filed at least one day thereafter, or such further time as the

f court may extend the time for filing su ch counteraffidavits, not exceeding five days, and for this purpose the court may continue the trial . SEC . 27. No JUDGE OR MAGISTRATE TO H AVE PARTN ER PRACTIC ING Partner of Judge cin LAw.-No judge or magistrate shall have a partner acting as attor- r ~iniceactfd . g law, pro- neppp or counsel in any court of the Canal Zone . }EO. 28 . POWERS OF DISTRICT JUDGE.-The district judge may exer- Jud owe- ut ofof eourt cise out of court all the powers expressly conferred upon the judge, as contradistinguished from the court. SEC. 29. POWERS OF JUDICIAL OFFICERS AS TO CONDUCT OF PROCEED- Powers of Judicial officers, conduct of pro- INGS.-Every judicial officer shall have power :

pediags. 1. To preserve and enforce order in his immediate presence, and in proceedings before hi m, wh en he is engaged in the performance of offi cial duty ; 2. To compel obedience to his lawful orders as provided in this code ; 3. To compel the attendance of persons to testify in a proceeding before him, in the cases and manner provided in this code ; 4. To administer oaths to persons in a proceeding pending before him, and in all other cases where it may be necessary in the exercise of his powers and duties.

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- SEC. 30 . To PUNISH FOR CONTEMPT.-For the effectual exercise of tee mptpu n's for eon' the po wers con ferred b y sectio n 29, a judicial officer may puni sh for contem pt in th e cases provided in this code .