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with such request, and in case he shall fail or refuse so to do he shall be removed from his official position as court reporter, in case it shall be found by a committee of three disinterested practicing attorneys of the county wherein such failure or refusal occurred, to be appointed by the court, that such failure or refusal was intentional and without justification; to preserve all shorthand notes taken in said court for future use or reference for at least one year, and to furnish to any person a transcript in question-and-answer form of all such evidence or other proceedings, or any portion thereof, upon the payment to him of the compensation hereinafter provided.
SEC. 5. In case an appeal is taken from the judgment rendered in any case, the official shorthand reporter shall transcribe the testimony and other proceedings recorded by him in said case in the form of questions and answers, provided the same is requested by either party to the suit, certifying that such transcript is true and correct, and shall file the same in the office of the clerk of the court within such reasonable time as may be fixed by written order of the court. Said transcript shall be made in duplicate, to be paid for by the party ordering the same on delivery, and the amount so paid shall be taxed as costs.
SEC. 6. Upon the filing in the office of the clerk of the court by the official shorthand reporter of his transcript as provided in Section 5 of this Act, the party appealing sliall prepare or cause to be prepared a statement of facts in duplicate, which shall consist of the evidence adduced upon the trial, both oral and by deposition, stated in a succinct manner and without unnecessary repetition, together with copies of such documents, sketches, maps and other matters as were used in evidence. It shall not be necessary to copy said statement of facts in the transcript of the clerk on appeal, but the same shall, when agreed to by the parties and approved by the judge, or in the event of a failure of the parties to agree and a statement of facts is prepared and certified by the judge trying the case, be filed in duplicate with the clerk of the court, and the original thereof shall be sent up as a part of the record in the cause on appeal. Provided, however, that the official shorthand reporter shall, when requested by the party appealing, prepare under the direction of the party appealing a statement of facts in narrative form, in duplicate, and deliver same to the party appealing, for which said statement of facts he shall be paid the sum of ten cents per folio of 100 words for the original copy and no charge shall be made for the duplicate copy; provided such amount shall not be taxed as costs in the case, if a transcript of the testimony in the form of questions and answers has been theretofore filed with the clerk and taxed as costs.
SEC. 7. When an appeal is taken from the judgment rendered in any cause in any district court or county court, the parties to the suit shall be entitled to and they are hereby granted thirty days after the day of adjournment of court in which to prepare and file a statement of facts and bills of exception; and upon good cause shown the judge trying the cause may extend the time in which to file a statement of facts and bills of exception. Provided, that the court trying such cause shall have power in term time or in vacation, upon the application of either party, for good cause, to extend the several times as hereinbefore provided for the preparation and filing of the statement of facts and bills of exception, but the same shall not be so extended so as to delay the filing of the statement of facts, together with the transcript of record, in the appellate court within the time prescribed by law, and when the parties fail to agree upon a statement of facts, and that duty devolves upon the court the court shall have such time in which to do so, after the expiration of the thirty days as hereinbefore provided, as the court may deem necessary, but the court in such case, shall not postpone the preparation and filing of such statement of facts and bills of exception so as to delay the filing of same, together with a transcript of the record in the appellate court within the time prescribed by law. Provided, if the term of said court may by law continue more than eight weeks, said statement of facts and bills of exception shall be filed within thirty days after final judgment shall be rendered unless the court shall by order entered of record in said cause extend the time for filing such statement and bills of exception.
SEC. 8. The official shorthand reporter shall receive a per diem compensation of $5.00 for each and every day he shall be in the actual discharge of his duties in reporting cases in the court for which he is appointed, or in performing service under the actual directions of the judge of such court, upon work by such judge deemed necessary. Such compensation shall be paid monthly by the commissioners court of the county in which said court sits, out of the general fund of the county, upon the certificate of the district judge. He shall also receive from persons ordering transcripts of his notes the sum of ten cents per folio of one hundred words; provided further, however, that is, in any district, the said official shorthand reporter shall, within the judgment of the court, have rendered more services to the court in the discharge of his duties than the terms of this bill shall provide for, then and in that event the district judge shall certify to the commissioners court of each county in his district, six months after the taking effect of this Act, and at the end of every six months thereafter, whether or not in his judgment the com, pensation is commensurate with the services performed, and if not, that the certificate of said judge shall state the amount that in his judgment the said official shorthand reporter should receive from each of the counties in the district, and same shall be a claim against the county to be allowed or rejected by the commissioners court as other claims against the counties. Provided, that when any criminal case is appealed and the defendant is not able to pay for a statement of facts, or to give security therefor, he may make affidavit of such facts, and upon the making and filing of such affidavit, the court shall order the stenographer to make such statement of facts in duplicate and deliver them as herein provided in civil cases, but the stenographer shall receive no påy for same, provided that should any such affidavit so made by such defendant be false he shall be prosecuted and punished as is now provided by law for making false affidavits.
In any civil case where the appellant or plaintiff in error has made the proof required to appeal his case without bond, such appellant or plaintiff in error may make affidavit of such facts and upon the making and filing of such affidavit the court shall order the stenographer to
make such statement of facts in duplicate and deliver them as herein provided in other cases, but the stenographer shall receive no pay for same, provided that should any such affdavit so made by such appellant or plaintiff in error be false he shall be prosecuted and punished as is now provided by law for making false affidavits.
SEC. 9. At the request of any person it shall be the duty of the official shorthand reporter to make a transcript in typewriting of all the evidence and other proceedings, or any portion thereof, either in question-and-answer form or in narrative form, in any case, which transcript shall be paid for at the rate of ten cents per folio of 100 words by and be the property of the person ordering the same.
Sec. 10. Hereafter the clerks of all courts having official shorthand reporters as provided for in this Act shalt tax as costs in each civil case now or hereafter pending in such courts, except suits for the collection of delinquent taxes, and except suits which are not contested, a stenog. rapher's fee of three dollars, which shall be paid as other costs in the case, and which shall be paid by said clerk, when collected, into the general fund of the county in which said court sits, except cases in which the district court has not original jurisdiction.
SEC. 11. The official shorthand reporter may, with the consent of the court, appoint one or more deputies when necessary to assist him in the discharge of his duties, provided, however, that before any such deputy shall enter upon the discharge of his duties as official shorthand reporter he shall subscribe to the same oath hereinbefore provided for the official shorthand reporter and shall also be required to stand such examination as to his proficiency as may be required by the court.
SEC. 12. It shall be the duty of each official shorthand reporter to file with the district clerk of cach county of his district annually upon the first Monday in January an itemized statement, verified by affidavit, showing all sums collected by him as per diem or other compensation during the preceding year, giving the name of the person paying each sum and the date of payment of same.
Sec. 13. Whenever either party to a civil cause pending in the county court or county court at law shall apply therefor, the judge of the court shall appoint a competent stenographer to report the oral testimony given in such cause. Such stenographer shall take the oath herein prescribed, and shall receive such compensation as the court may fix to be not less than five dollars per day which shall be taxed and collected as costs. The provisions of this Act with respect to the preparation of the statement of facts, the time to be allowed therefor, and for the presentation to the opposite party, and the approving and filing thereof by the court shall apply to all statements of facts in civil causes tried in the county court and county court at law, and all other provisions of law governing statements of facts and bills of exception to be filed in district courts and the use of same on appeal, shall apply to civil causes tried in the county courts and county courts at law.
SEC. 14. That Chapter 24, page 509, Acts of the First Called Session of the Thirtieth Legislature of the State of Texas, providing for the appointment of court stenographers, prescribing their duties and regulating their charges; and all other laws or parts of laws in conflict with
this Act, be and the same are hereby expressly repealed; provided, however, that nothing in this Act shall be so construed as to prevent parties from preparing statements of facts on appeal independent of the transcript of the notes of the official shorthand reporter. Provided, the provisions of this Act as to preparing and filing statements of facts and bills of exception shall apply only to cases hereafter tried; as to cases heretofore tried the law now in force shall govern.
SEC. 15. In the trial of all criminal cases in the district court in which the defendant is charged with a felony, the official shorthand reporter shall keep an accurate stenographic record of all the proceedings of such trial in like manner as is provided for in civil cases, and should an appeal be prosecuted in any judgment of conviction, whenever the State and defendant can not agree as to the testimony of any witness, then and in such event so much of the transcript of the official shorthand reporter's report with reference to such disputed fact or facts shall be inserted in the statement of facts as is necessary to show what witness testified to in regard to the same, and constitute a part of the statement of facts, and the same shall apply to the preparation of bills of exceptions; provided, that such stenographer's report when carried into the statement of facts or bills of exception, shall be condensed so as not to contain the questions and answers, except where, in the opinion of the judge, such questions and answers may be necessary in order to elucidate the fact or question involved; provided, that in all cases where the court is required to and does appoint an attorney to represent the defendant in a criminal action, that the official shorthand reporter shall be required to furnish the attorney for the said defendant, if convicted, and where an appeal is prosecuted, with a transcript of his notes, for which said service he shall be paid, by the State of Texas, upon the certificate of the district judge, one-half of the rate provided for herein in civil cases.
Sec. 16. The fact that the present law relating to the appointment of official stenographiers does not provide a proper standard of competency and does not provide a sufficient length of time in which to prepare and file statements of facts and bills of exception in cases on appeal, thereby causing a confusion and dissatisfaction, creates an imperative public necessity that the Constitutional rule requiring bills to be read on three several days be suspended and that this Act take effect from and after its passage, and it is so enacted.
Approved May 1, 1909.
TEXAS LEGISLATIVE MANUAL-PROVIDING FOR PRINT
S. C. R. No. 2.] SENATE CONCURRENT RESOLUTION.
Be it resolved by the Senate, the House of Representatives concurring, That there be printed for the use of the House and Senate three hundred copies of the Texas Legislative Manual, which shall contain the rules of the Senate and the joint rules of the Senate and House, and the committees of the two Houses, both of the Regular and ('alled Sessions of Thirty-first Legislature, all of which shall be properly indexed; a list of the standing committees of the two Houses, the names of the Senators and Representatives and their respective districts. It shall also contain the names of the officers of the House and Senate, and of the representatives of the press in attendance, the Constitution of this State, with amendments to date, and the United States, and the Committee on Rules of the House, acting with the Senate ('ommittee on Rules, is hereby authorized and instructed to have copies bound and printed as follows, to-wit: Two hundred and fifty copies to be bound in flexible Morocco covers at an extra cost of not exceeding 25 cents per copy above the cost of the same books in flexible cloth, according to the specifications of the contract with the public printer.
Provided further, that the name of each member and officer of the House and Senate be embossed upon the back of one copy of said book of rules, said copy to be the property of the member or officer who is to have his name upon said copy. Three-fourths of such copies of each binding shall be for the use of the House and one-fourth for the use of the Senate, and they shall be paid for out of the contingent funds of the two Houses, in the said proportion; provided, that the public printer shall not be paid for compensation but one time, the said bound rolume to be in the hands of the members of the House and Senate within thirty days from the passage of this Resolution.
Approved April 21, 1909.
FORMAL ASSENT OF THE LEGISLATURE ACCEPTING THE
Be it resolved by the House of Representatives, the Senate concurring, That the Board of Directors of the Agricultural and Mechanical College of Texas are hereby authorized to accept from the National gorernment the appropriation known as the "Adams Fund” for the Agri