« السابقةمتابعة »
Sec. 19. Be it further enacted, That the provisions of this act shall apply to all grand and petit juries in all Circuit and Criminal Courts in this State.
Sec. 20.—Be it further enacted, That all laws and parts of law in conflict with this act are hereby repealed.
Sec. 21. Be it further enacted, That this act take effect from and after June 1, 1899, the public welfare requiring it.
AN ACT, To Create the Office of Stenographer, and Provide for the Appointment of Such Officer, and to Prescribe His
Duties, and to Punish for the Violation of the Same.
Section 1. Be it enacted by the General Assembly of the State of Tennessee, That each Judge of the Circuit Court may appoint a competent person as stenographer for the Circuit Court of his circuit, or may appoint such person as stenographer for one or more of all of the counties of his circuit, by an entry upon the minutes of his court to that effect, dated and signed by him.
Sec. 2. Be it further enacted, That before entering upon his duties the stenographer shall take, in open court, an oath that he will faithfully discharge his duties as stenographer of the court, and that such oath as taken shall be entered in the minutes of the court.
Sec. 3. Be it further enacted, That the stenographer, when appointed and qualified by taking the oath required, thereby becomes an officer of the court, and shall hold his office as stenographer for the term of - years from the date of his appointment, unless sooner removed.
Sec. 4. Be it further enacted, That the Judge may at any time require the stenographer to give bond, with such penalty, conditions and sureties as he may deem proper to secure the faithful discharge of the duties, or of any particular duty, of the stenographer; and such bond, if general, shall be filed in the office of the Clerk of the Circuit Court of any county in the circuit wherein his first appointment was made, who shall, at the cost of the stenographer, certify a copy thereof to the clerk of the court in each of the other counties of the circuit to which he may thereafter be appointed, to be filed and preserved in his office, and said copies,shall be competent evidence in any proceedings; but if such bond be special, it shall be filed and preserved in the office of the Clerk of the Circuit Court of the county where the duty is to be performed.
Sec. 5. Be it further enacted, That the stenographer shall attend each session of the Circuit Court of the circuit for which he was appointed, from day to day, unless the same be waived, shall take, under the control of the Judge, stenographic notes of all of the oral evidence and proceedings, except agreement of counsel, in each case, civil and criminal, tried therein upon an issue of fact; and of any other matter or in any other case that the Judge may specially direct. He shall carefully note the order in which the evidence, both oral and written, is introduced, and by whom it is introduced, giving the name of each witness, and identifying each deposition, exhibit or other item of evidence or matter of proceeding by words or figures; and he shall carefully note all objections of counsel, rulings of the court, and exceptions of counsel, made during the trial, in the order in which the same occur. And upon demand of either party to any case, he shall, within twenty days from the conclusion of the trial thereof, or from the time of the demand, if made after the trial, neatly write out in typewriting a complete copy of his stenographic notes as taken herein, with a caption showing the style of the case, its number, the court in which it was tried, and when tried, and certify, sign and file the same in the office of the clerk of the court in which the case was tried; and he shall preserve his stenographic notes, in each case in which an appeal is taken, as a record of his office. If a party demand the writing out of the stenogra.
. pher's notes for any reason other than the bona fide purpose of perfecting an appeal, he shall pay the stenographer 10 cents per hundred words for the same, and such work shall not delay the preparation of records for appeal.
Sec. 6. Be it further enacted, That the judge, by an order entered on the minutes or filed among the papers in the case, may,
when he deems proper, grant a reasonable extension of the time in which the stenographer shall make out and file a copy of his stenographic notes in any case, and the stenographer shall file such copy within the time fixed by the judge, subject to the penalties herein prescribed for a willful neglect of duty.
Sec. 7. Be it further enacted, That the stenographer shall receive for his services a salary of dollars for each week or part of week in which the court shall be held, payable out of the treasury of each county in which the court is held and the services are respectively performed, which shall be audited and allowed by the court at each session thereof; or, in case of failure to do so, then at any subsequent session; and the chairman of the Quarterly Court shall issue a warrant for the same on presentation of a duly certified order of the Circuit Court allowing the claim.
Sec. 8. Be it further enacted, That if the stenographer willfully neglect to perform any duty required by him by law he shall be deemed guilty of a misdemeanor, and, on conviction thereof, may be fined not exceeding five hundred dollars, or imprisoned not more than six months; and, moreover, he shall be liable to a deduction from his salary at a rate of ten dollars a day for each day that he shall be in default, which deduction shall be made by the court when it comes to audit and allow his salary.
Sec. 9. Be it further enacted, That in case the stenographer be absent during the session of the court the judge may, by an order entered upon the minutes of the court, appoint a stenog. rapher pro tempore, who shall be sworn to faithfully discharge his duties as such, and who shall perform all the duties and be liable to all the penalties and punishments prescribed for or incident to the office of stenographer of the court, and who shall be paid for his services at the rate of $for each day he is engaged in the taking of notes of such trial, the same to be audited, allowed, certified and paid as prescribed in section 7 of this act.
Sec. 10. Be it further enacted, That in counties where two or more courts shall be in session at the same time, and the official stenographer be then actively engaged in taking notes of the
trial of a cause in one of said courts, the judge, or judges, of the other courts then requiring the services of a stenographer may, by an order entered upon the minutes of his court, appoint a stenographer pro tempore, who shall be sworn, to discharge the duties and be liable to the penalties, and be paid for his services, in manner and form, and at the same rate, as provided in section 9. All acts of the stenographer pro tempore shall be as valid and effectual as if done by the regular stenographer; and such as are required to be certified and signed by the stenog. rapher, shall be signed and certified by him as stenographer pro tempore.
Sec. 11. Be it further enacted, That it shall not be lawful for the stenographer to resign or vacate his office so long as any business, upon the discharge of which he has entered, connected therewith is unfinished; but after such business has been completed as required by law he may at any time resign or vavate his office, and his resignation shall take effect from the time he notifies the judge of the same.
Sec. 12. Be it further enacted, That the judge may at any time remove the stenographer from office for incompetency or neglect of duty, and may, as provided in the first section of this chapter, appoint a stenographer to fill the vacancy as often as such removals occur; and the clerk of the court shall certify such appointment, and a copy of the minutes of the court showing the appointee's qualification, to the clerk of the Circuit Court of each county in the circuit, as hereinbefore provided.
Sec. 13. Be it further enacted, That in each case in which a stenographer shall serve, a stenographer's tax fee of three dollars shall be taxed in the bill of costs, and collected and paid into the treasury of the county in which the case is tried.
Sec. 14. Be it further enacted, That this act take effect from and after its passage, the public welfare requiring it.
AN ACT, To Authorize Stenographers to Certify Depositions
Taken Before Them, in Lieu of the Signature of the Witness Thereto.
Section 1. Be it enacted by the General Assembly of the State of Tennessee, That when any deposition shall be taken before a stenographer duly qualified as hereinafter, in the second section of this act, provided, and the witness shall have been first duly sworn as required by law, such deposition may be read in evidence, without being signed by the witness, provided the stenographer taking the same shall append his certificate thereto, stating that the deposition was taken by him after the witness had been duly sworn, and that the same contains a full, true and complete copy of the testimony of the witness from the notes of such stenographer taken by him at the time, and that the same was reduced to typewriting by him.
Sec. 2. Be it further enacted, That the notes of said stenog. rapher shall be carefully preserved by him, and be produced in court at any time either party to the cause in which such deposition was taken shall demand the production thereof.
Sec. 3. Be it further enacted, That any stenographer who has two or more years' actual experience and practice in stenog. raphic work shall be authorized to take depositions and certify the same as provided in section 1, provided permission so to do shall have been first obtained from the judge of the Circuit Court of the county wherein application therefor shall be made, and upon taking an oath in open court that he will truly and faithfully discharge his duties in respect thereof, and executing a bond with approved security in the penalty of $ for the faithful performance of his duties. Said license, affidavit and bond shall be spread upon the minutes of the court.
Sec. 4. Be it further enacted, That this act take effect from and after its passage, the public welfare requiring it.
l'pon motion the report was ordered received and printed in the proceedings. The bills submitted were considered separately.