in the same manner, draw for each of such Courts, respectively, twelve names of persons as petit jurors for such Courts, respectively, at such terms; and he shall record and certify such drawing upon the proper orderbooks of such Courts, respectively, as is required concerning the grand jury; and he shall issue venires for such juries as such Courts, or the Judges thereof in vacation, may direct. In counties where the Superior Court may have more than one Judge, said Clerk shall, if so directed by such Court or Judges, in like manner, draw one or more additional petit juries for such Court at any term. After a petit jury has served four weeks during any term of Court, such Court may, in its discretion, discharge it, and direct the Clerk in the same manner, at any time, to draw another petit jury, and summon the same.

1388. Special venire - New names. 4. Whenever any such Court shall be of the opinion that, by reason of numerous challenges in any cause, a special venire should issue for jurors, it shall direct the Clerk to draw from said box such number of names as shall be deemed proper; and the persons so drawn shall be summoned by virtue of such special venire. If by reason of such special drawing or otherwise the names in such box shall be exhausted, so that any of the Courts of the county can not be furnished with juries at any term during the calendar year, the Circuit Court, or Judge thereof in vacation, shall, by order, require such Jury Commissioners, at a time to be fixed, to deposit in said box such additional number of names as said Court or Judge shall name in the order, and they shall be selected under the rules and regulations prescribed in section two [$1386], and the box shall then be delivered to the Clerk, as in that section provided, to be drawn by the Clerk as may be necessary under the provisions of the preceding section.

1389. Clerk to keep box locked. 5. That said box shall remain in possession of the Clerk, securely locked and the only key thereto, shall be and remain in the possession of the Jury Commissioner, of opposite politics from said Clerk, who shall be present at each and every time said box is to be opened, for any purpose within the provisions of this act. [As amended, 1895 S., p. 252. In force March 11, 1895.

1390. Jury Commissioners for 1881. 6. For the calendar year 1881, such Jury Commissioners shall be appointed at the first term of the Circuit Court which may be in session after this Act takes effect.

1391. Who ineligible - Failure to act. 7. No person shall be appointed a Jury Commissioner who at the time is party to or interested in a cause pending in the county which may be tried by a jury to be drawn during the calendar year next succeeding his appointment. Any person appointed a Jury Commissioner, who shall fail to take upon himself said office, or, having accepted the same, shall fail, without good cause, to discharge any of the duties thereof, shall be deemed guilty of contempt of the Court, and shall be summarily punished by a fine of not less than five nor more than one hundred dollars.

1392. Vacancies- Pay. 8. Should a vacancy occur in the office of Jury Commissioner at any time, or should any such Commissioner fail to act when required, the Circuit Court, or Judge thereof in vacation, shall appoint a person to fill such vacancy or to act for the time being, as the case may require, who shall take the oath required by this Act. For the time actually employed in the performance of his duties, each Jury Commissioner shall be allowed by the Court three dollars per day; and, upon

such allowance, the County Auditor shall draw his warrant, and the same shall be paid out of the county treasury.

1393. Qualifications of jurors. 9. To be qualified as a juror, a person must be a resident voter of the county and a freeholder or householder. 1394. Jury fee-Pay of jurors. 1o. In causes tried by jury, a jury fee of four dollars and fifty cents shall be taxed as costs in favor of the county. Jurors, grand and petit, shall be paid two dollars per day while in actual attendance, and five cents for each mile necessarily traveled.

[1883, p. 44. In force February 27, 1883.]

1395. Juror who has served within one year-Peremptory challenge. 2. It shall not be lawful for any officer or officers, or jury commissioner or commissioners, charged with the selection of a panel of petit jurors to serve in any Circuit Court, Superior Court, or Criminal Court of this State, to select any person to serve as a juror in either of said Courts who has served as a juror in either of said Courts in such county during the year immediately preceding such selection; and it shall be unlawful for any officers of either of said Courts to select any person to serve as a talesman upon any jury therein who has served as a juror in either of said Courts of the county during the year immediately preceding such selection; and should any person be selected as such juror, contrary to the provisions of this act, it shall be a sufficient cause for challenge.

[1859, p. 91. In force February 18, 1859.]

1396. Jury from bystanders. 1. In all cases when the proper officers have failed or refused to draw and impanel a traverse jury, or where, for any other cause whatever, no traverse jury shall be present at any term of the Court, it shall be lawful, and is hereby made the duty of the Circuit Court, if the business thereof require it, to order the Sheriff to summon a jury from the bystanders or citizens of the county; which said jury, when so impaneled, shall be and constitute the regular panel for such term at which they may have been so selected.

[1901 S., p. 485. Approved March 11, 1901.]

1396a. Talesmen, special, in certain counties. 1. That, in counties having a population of over one hundred and fifty thousand, according to the last preceding United States census, and in which there is a Circuit Court, and a Superior Court having more than one Judge, the Clerk shall, whenever he shall draw one or more petit juries for such courts or either of them, draw twelve additional jurors in the same manner as regular petit jurors are drawn for such courts, and such twelve additional jurors shall be and remain during the term for which said juries are drawn, as special talesmen subject to call to the jury in any or either of said courts. When the regular panel shall have been exhausted in any or either of said courts, or is insufficient from any cause, the bailiff shall call such special talesmen to fill such jury, and bystanders shall not be called until said detail of special talesmen shall have been exhausted, and when any member of any regular panel in any or either of said courts shall be challenged off of said panel for any reason, such juror shall take his place among said special talesmen and may be called for service on the jury in any other

one of said courts: Provided, That the provisions of this act shall not be construed so as to apply to, alter or repeal the laws of Indiana providing for special juries, for juries by agreement, for struck juries or for special venires, and service as such special talesmen shall not be cause for challenge during the term for which they are drawn.

[1899 S., p. 173. Approved February 28, 1899.]

1396b. Bailiffs, appointment of. 1. That the judge of any criminal, circuit or superior court in the State of Indiana may appoint a bailiff for his court, whose per diem shall not exceed two dollars; Provided, That the provisions of this act shall not apply to counties in which criminal or superior courts are organized.

[1881 S., p. 240. In force September 19, 1881.]

1397. Master Commissioner. 412. The Judges of the Circuit Courts in their respective counties shall appoint at least one Master Commissioner in each county of his circuit, who shall be a resident of the county seat, and as many more as such Judge may deem necessary, who shall be competent attorneys in good standing, and who shall receive their appointment in writing from the Judge making the same, and shall continue in office until removed by the Court.

1398. Oath. 413. Every person appointed a Master Commissioner shall take the oath required by the Constitution and laws of this State, before he shall proceed to discharge any of the duties of his office; and such oath shall be entered at full length on the order book of the Court for which he may be appointed.

1399. May sell lands. 414. Every Master Commissioner shall, under the direction of the Court, have power to sell and convey real estate.

1400. Powers. 415. Such Master Commissioners are empowered to administer all oaths and affirmations which are required by law; to take and certify affidavits and depositions; to issue subpoenas for witnesses whose testimony is to be taken before them; and shall have the same power to compel the attendance of witnesses and to punish contempts as is given to Justices of the Peace.

1401. Subpoenas and process. 416. All subpoenas and process necessary to the exercise of the duties of a Master Commissioner shall be executed and returned by the Sheriff or any Constable of the county to whom the same may be directed.

1402. Fees and allowances. 417. Such Master Commissioner shall be allowed the same fees as other officers for similar services; and where no fees are specified, the Court shall make such allowances for the service performed, as shall be just and reasonable; and all such costs shall be taxed as a part of the costs in the case in which they may have accrued,

1403. Further powers and duties. 418. Such Master Commissioners shall have the powers and discharge the duties, herein mentioned, which have heretofore been performed by Masters in Chancery, so far as the same may be consistent with existing laws.

1404. May grant injunctions, etc. 419. Whenever the office of Judge shall become vacant, or, in case of the absence of all the Judges competent to act, or whenever such Judge or Judges, by reason of interest, is or are incompetent to act, or unable by reason of sickness, such Master Commissioner shall have all the power of any Judge in vacation, to grant restraining orders, injunctions, writs of habeas corpus, and writs of ne exeat, and to appoint Receivers, and hear and determine all motions and matters, and make all orders concerning the same.

[1899 S., p. 384. Approved March 3, 1899.]

1405. Official Court reporters.

1. For the purpose of facilitating and expediting the trial of causes, the Judge of each Circuit, Criminal or Superior Court of each and every county of this State shall appoint an official reporter, whose duty it shall be, whenever required by such Judge, to be promptly present in said Court, and to take down in shorthand the oral evidence given in all causes, including both questions and answers, and to note all rulings of the Judge in respect to the admission and rejection of evidence and the objections and exceptions thereto.

Sections 1405, 1406, 1407, 1408, 1409, 1410 and 1411. by this act.

Horner's R. S. 1897, repealed

1406. Sex does not bar. 2. No person shall be ineligible to such office of shorthand reporter on account of sex. The Judge shall not appoint his son or daughter as such reporter.

1407. Oath of reporter. 3. At the time of appointment such reporter shall take an oath before some officer empowered to administer oaths, to faithfully perform his or her duties, as such official reporter.

1408. Judge may remove. 4. Such reporter may, at any time, be removed by the judge of the court for which he was appointed, and in every case of vacancy in the office of official reporter, it shall be the duty of the judge of such court to fill the vacancy as soon after its occurrence as practicable.

1408a. Transcripts. 5. Whenever, in any cause, such reporter shall be requested to do so, he shall furnish to either party a transcript of all or any part of said proceedings required by him to be taken or noted, including all documentary evidence, and it shall be his duty to furnish the same written in a plain legible long hand or typewriting as soon after being requested to do so as practicable, and he shall certify that it contains all the evidence given in the cause: Provided, That the reporter may require payment for such transcript, or that the same be satisfactorily secured before he proceeds to do the work required of him.

1408b. Transcript filed with clerk. 6. The transcript of the evidence so prepared by such reporter shall be filed by him with the Clerk of the Court wherein said cause is tried, within a time to be fixed by the Court trying such cause. The Judge of said Court shall thereupon attach to the transcript of the evidence so filed by such reporter a certificate that the same is correct and contains all the evidence, and the Clerk shall incorporate such transcript of the evidence and the certificate signed by such Judge, in the transcript of said cause, and state in his certificate that the same is the transcript of the evidence filed by such reporter, and that the certificate attached is that of the judge, with the date when the same was filed in his office, and said transcript and record, when so prepared, shall be sufficient to present to the consideration of the Supreme or Appellate Court, in the determination of the quesions presented to the lower court trying such cause, and the clerk shall receive no fees for that part of the transcript of record containing the evidence.

1408c. Compensation.

7. The compensation of such official reHe shall be allowed a compensation of not more than five dollars per day for each day required by such Judge to be in attendance upon

porter shall be as follows:

the Court as such official reporter, which shall be certified, audited and paid in like manner as is provided by law for the payment of Sheriffs for attending upon the Court. Such official reporter may also collect as fees ten cents per folio of one hundred words, for making and furnishing transcripts of his shorthand notes of testimony, to be paid by the party requiring such transcript: Provided, That if any such court reporter, appointed and acting under the provisions of this act, shall charge, or charge and receive, or receive any compensation in excess of that provided in this act, shall be guilty of a misdemeanor and upon conviction shall be fined a sum not less than ten dollars nor more than one hundred dollars.

1408d. Laws repealed. 8. All laws heretofore existing in reference to the appointment and duties of shorthand reporters are hereby repealed: Provided, That all such acts shall remain in force as to all evidence heretofore taken by shorthand reporters, the same as if the same had not been repealed.

[1893 S., p. 32. In force February 16, 1893.]

1408e. Poor person-Court may order transcript. 1. That any poor person desiring to appeal to the supreme court or appellate court of this State from the decision of any circuit court or criminal court or the judge thereof, in criminal cases, and not having sufficient means to procure the long-hand manuscript, or transcript of the evidence taken in shorthand, by the order or permission of any of said courts or the judge thereof, the court or the judge thereof shall direct the shorthand reporter to transcribe his shorthand notes of evidence into longhand, as soon thereafter as practicable, and deliver the same to such poor person: Provided, the court or the judge thereof is satisfied that such poor person has not sufficient means to pay said reporter for making said longhand manuscript or transcript of evidence, and such reporter may charge such compensation as is allowed by law in such cases for making and furnishing said longhand manuscript, which service of said reporter shall be paid by the court or judge thereof out of the proper county treasurer.

[1901 S., p. 511. Approved March 11, 1901.]

1409. Extending time for filing bill of exceptions. 1. That in any and all cases now pending or in which records for appeal may hereafter be filed in the Supreme or Appellate Courts of this State not later than May 1, 1901, in which any attempt has been or may be made by the appellant or appellants to introduce into the record for the purpose of any such appeal the testimony had or occurring upon the trial of any cause in any Circuit, Superior or Criminal Court of this State under the provisions of said act of March 3, 1899, it shall be lawful for any appellant in any such appeal, or the person who has attempted in said manner to preserve for purposes of appeal the record of any such evidence, or proceedings, by the use of the transcript or certificate of any shorthand reporter, after not less than one day notice to the opposite parties or any of their attorneys of record, either in the Supreme or Appellate Court, or in the court from which such case is appealed, to present such fact in writing to the Judge in vacation or to the court in session, before which such cause was determined, and thereupon it shall be the duty of such Judge in vacation or such court