Who to hold court. Entry of reason. Disqualifica of the circuit court for such county shall hold the probate court unless he also be incapacitated for executing such duties, or the judge of any circuit court or the probate judge of any county of this State, who is not legally incapacitated for so executing the duties of such probate judge, may upon the written request of such probate judge or in case of his absence or legal disability to make such request, then upon the request of the circuit judge of such county, hold the probate court, and the judge so acting shall have all the powers and perform all the duties of the judge of probate therein, until the return of the judge of probate so temporarily absent or such incapacity is removed, or until another judge of probate shall be elected or appointed and qualified, and if any such judge so acting as judge of probate shall have begun any hear ing which is not concluded at that time he shall have authority to hear such matter to its conclusion and give judgment thereon. In all cases where a circuit judge or a probate judge of any other county shall perform the duties of the judge of probate, an entry of the reason for such circuit judge or probate judge so performing such duties shall be made in the records of such probate court. Disqualification of Judges. SEC. 12. Whenever a judge of probate is disqualified withtion of judge. in the meaning of section seven of chapter four of this act, or when such judge shall be an executor or administrator of a deceased person, or a creditor, or otherwise interested in any question to be decided by the court, or when he or his law partner, or any employe or assistant in his office, shall have been attorney or counsel for any party interested therein in relation thereto, such judge of probate shall be deemed incapacitated for acting in the decision of that question, and another probate judge or a circuit judge shall hold the court in his place as provided in the preceding section. Appointment. Oath and bond. Of Probate Registers. SEC. 13. In every county in this State the judge of probate may appoint a probate register, who shall hold such office during the term for which the judge of probate making the appointment shall have been elected, unless sooner removed by the judge of probate; such register so appointed shall take and subscribe the oath of office prescribed by the constitution, and give a bond in the penal sum of one thou sand dollars to be approved by the probate judge, and shall exercise the power of, and be competent to do all acts required of the judge of probate except judicial acts; such register so appointed and qualifying shall receive in comCompensation. pensation for his or her services an annual salary to be paid monthly out of the county treasury of his county, as follows: In counties of twenty thousand and not exceeding thirty thousand, five hundred dollars, in counties of thirty thousand Powers. and not exceeding fifty thousand, seven hundred dollars; in counties of fifty thousand and not exceeding one hundred thousand, one thousand dollars; in counties of one hundred thousand and not exceeding two hundred thousand, two thousand dollars and in counties of two hundred thousand and upwards, three thousand dollars; in counties having less than twenty thousand population, a probate register may be appointed by the probate judge, if authorized by a majority vote of the board of supervisors, the compensation of such probate register to be fixed by the board of supervisors. The Additional board of supervisors of the several counties of this State, may by a majority vote of all the members elect, give such additional salary to the probate register of their respective counties as they may deem just. All local and special acts relating to the appointment of probate registers, or probate clerks, and their salaries and compensation are hereby repealed. salary. salaries SEC. 14. The probate judge or judges of any county having Deputy a probate register may appoint one or more deputy probate registers; registers, when authorized by the board of supervisors who and duties. shall fix the salary of such deputies, and in counties having more than one hundred and fifty thousand population may appoint such probate clerks as may be necessary, when authorized by the board of supervisors, who shall also fix the salaries of such clerks. The duties of such probate clerks shall be such as may be prescribed by the judge or judges of the county in which such clerks are appointed. SEC. 15. The board of supervisors of any county may au- Stenographers. thorize the appointment by the probate judge, of one or more official stenographers of said probate court; such stenog raphers shall receive such salary as shall be fixed by the Salary. board of supervisors. General Provisions. tion from SEC. 16. No judge of probate, probate register or employe Disqualificain his office shall be retained or employed as attorney or coun- certain emsel, in any suit or matter which may depend on, or in any ployment, etc. way relate to, any sentence or decree made or passed by him; nor shall he, or the probate register, or any employe in his office, be attorney or counsel for or against any executor, administrator or guardian appointed within his jurisdiction, in any suit brought by or against the executor, administrator or guardian, as such, nor in any suit relating to the official conduct of such party. Nor shall any clerk or other person employed in the office of any probate court, be commissioner, appraiser, or divider of any estate, in any case that is within the jurisdiction of such court. compensation SEC. 17. No probate judge, probate register, probate clerk. Certain or official stenographer, shall receive any fees or compensa- forbidden. tion for drawing any petition, application, or other paper whatever, or for any service performed by him in any matter or proceeding in said probate court, except the probate judge Exemplifications, etc. Fees. Proviso, disposition of fees. Receipt of certain compensation cause for removal. Index. or the probate register shall make attested copies and exemplifications of any record, paper or proceeding in such probate court, furnish the same on request to any person, and may collect therefor the sum of twenty-five cents for certified copies of orders for publication; for certified copies of all other probate orders, seventy-five cents; for certified copies of letters of authority, one dollar; for all certifications issued under the seal of the probate court, fifty cents, and at the rate of eight cents per folio for all such copies or exemplifications and twenty-five cents additional for the certification of the same: Provided, That such fees shall be paid over to the county treasurer in all counties having existing local acts requiring the same. SEC. 18. No judge of probate, probate register, clerk, or employe of the probate office, shall receive or accept any compensation whatever for collecting from any executor, administrator or estate, any fees for the publishing of any notice or matter required in any proceeding in said court, and the receiving of such compensation therefor from any person, corporation, partnership or association, owning or controlling a newspaper publication, shall be a sufficient cause for removal from office of such judge of probate, probate register, clerk or employe. SEC. 19. Each judge of probate shall make an alphabetical index to the records of proceedings in the probate court, and keep the same in his office. Courts Powers. Vacancy not suit, etc. CHAPTER IV. General Provisions Concerning Courts of Record. SECTION 1. The several courts of this State having a seal, are courts of record, and they shall respectively have power: 1. To issue process of subpoena, requiring the attendance of any witness residing or being in any part of this State, to testify in any matter or cause pending or triable in such courts; 2. To administer oaths to witnesses in any such matter or cause, and in all other cases where it may be necessary in the exercise of the powers and duties of such courts; 3. To devise and make such new writs and forms of proceedings as may be necessary to carry into effect the powers and jurisdiction possessed by them. SEC. 2. No process, proceeding or suit, civil or criminal, to discontinue before any of the said courts, shall be discontinued by the occurrence of any vacancy in the office of any judge, or of all the judges of such court, nor by the issuing of any new commission to any judge or judges of any such court, but the persons appointed in any such new commission shall have power to continue, hear and determine such process, proceeding or suit, as their predecessors might have done if no new commission had been issued. SEC. 3. Whenever the seal of any court shall be so injured New seal. that it cannot conveniently be used, the courts shall cause the same to be destroyed; and whenever the seal of any court shall be lost or destroyed, such court shall cause a new seal to be made, similar in all respects to the former seal, which shall become the seal of the court. new seal. SEC. 4. The expense of a new seal for any circuit court, or Expense of court of probate, shall be paid by the county in which such courts are held; and the expense of new seals for other courts shall be paid from the State treasury. SEC. 5. The sittings of every court within this State shall Sittings be public, and every citizen may freely attend the same. public. of minors. SEC. 6. Every court shall have the right whenever any trial Exclusion is being had in such court, which involves scandal or immorality, to exclude from the court room all minors, as a matter of public policy, unless such minor or minors are parties or witnesses in said cause: Provided, That the court Proviso, shall also have the power to exclude from within the bar of from bar. the court, all persons except officers of the court, parties and witnesses in said cause. exclusion decide, etc. SEC. 7. No judge of any court shall sit as such in any cause Interest of judge in case. or proceeding in which he is a party, or in which he is interested, or in which he would be excluded from being a juror by reason of consanguinity or affinity to either of the parties; nor shall any judge decide, or take part in the decision of When not to any question which shall have been argued in the court, when he was not present and sitting therein as a judge. Nor Relationship. shall any judge sit as a court in any cause in which he is related within the third degree of consanguinity to either of the attorneys or counselors of either party to said cause: Provided, That such last mentioned disqualification be made Proviso, to appear and that it may be waived by stipulation filed in the cause; and it shall be deemed to have been waived unless the objection on account of such qualification [disqualification] shall have been filed in writing at or before the commencement of the trial or hearing. waiver. causes. SEC. 8. No judge of an appellate court, or of any court to Not to decide which a writ of certiorari or of error shall be returnable. certain shall decide or take part in the decision of any cause or matter which shall have been determined by him while sitting as a judge of any other court. SEC. 9. No circuit judge can practice or act as counselor Judge not to or attorney in any court of this State during his term of practice as office. attorney. SEC. 10. No judge shall have any partner practicing in the Partner. circuit court of which he is judge; nor shall any judge be directly or indirectly interested in the costs of any suit that Costs of suit. shall be brought in said circuit except in those suits in which he shall be a party, or be interested in the subject matter thereof. SEC. 11. No judge, commissioner, or other judicial officer, Not to shall demand or receive any fees or other compensation for advice, etc. receive fees for Drafting papers. Business on Criminal cases. Writs, process, etc., to be in English. How made. Abbreviations, etc. Appearance. by attorney. Criminal cases, etc. Subsequent orders after refusal. Subsequent order void. Penalty. Lost records, etc. giving his advice in any matter or suit pending before such judge or officer, or which he has reason to believe will be brought before him for decision; or for drafting or preparing any papers or other proceedings relating to any such matter or suit; except in those cases where fees are expressly given by law to such judge or officer, for services performed by him. SEC. 12. No court shall be opened or transact any business on the first day of the week, unless it be for the purpose of instructing or discharging a jury, or of receiving a verdict; but this section shall not prevent the exercise of the jurisdiction of any single magistrate, when it shall be necessary, in criminal cases to preserve the peace, or to arrest offenders. SEC. 13. All writs, process, proceedings and records in any court within this State, shall be in the English language (except that the proper and known names of process, and technical words, may be expressed in the language heretofore and now commonly used), and shall be made out on paper or parchment, in a fair, legible character, in words at length, and not abbreviated; but such abbreviations as are now commonly used in the English language may be used, and numbers may be expressed by Arabic figures, or Roman numerals, in the customary manner. SEC. 14. Every person of full age and sound mind, may appear by attorney, as the case may require, in every action or plea by or against him, in any court, or may, at his election, prosecute or defend such action or plea in person; but this provision shall not extend to criminal cases, nor shall any person be permitted to appear on the record in any civil cause in person, when he has an attorney in such case. SEC. 15. If an application for an order that an injunction or a writ ne exeat or supersedeas be made to the circuit judge or any person authorized to grant the same, and such order be refused, in whole or in part, or be granted conditionally or on terms, no subsequent application for the same purpose and in relation to the same matter shall be made to any other circuit judge or any other person authorized to grant the same. SEC. 16. If upon any subsequent application any order be made, it shall be absolutely void, and shall be revoked by the person making it, upon due proof of the facts; and any person making such subsequent application contrary to the foregoing provisions, shall be liable to be fined or imprisoned by the court, or both, in its discretion. The Restoration of Lost Records, Papers, or other Proceedings SEC. 17. Whenever any record, paper or proceeding in or relating to any cause or special proceeding pending or de termined in any court of record in this State, shall be lost, any person having an interest in the recovery of the lost record, paper or proceeding, may apply to the court having jurisdiction of said cause, or of the record thereof, for an |