Daily Davenport Democrat. [volume] (Davenport, Iowa) 1864-1874, 1868-04-24
LAWS OF IOWA.


Published ~ Authority.
CHAPTER IS.
Az ACT establishing Circuit and General Ter
! uourt, and 10 define the Powers aud Jur'sdi'
| ton thereof
| SECTION l. Be IL enacted By thS General ~
! se'astg q ne Stass .f Io.ca, That Circuit Ionf
~ hereby established throughout the sta Nv
ana each Judicial District. o. now or hcrcaitc
Constituted BY law f,r the election of Distrie
.uusss, shall be divided iato two circuits
nssieaaa'ter more particularly described, ~ eec'
VI .tici tnsre 81 III be elected, BY the quailae
soseis thereof at the general election ia NoVem
c Se., ses, aud every fourth year thereafter.
uneaI' Judge. the votes for whom shall o1 2,
ne same ballot with that for State officers, snsl
oe eAasassed, returned and certified IN I'M
sa.ns manner and certicates of election issae'
'ns sane. = II case Of District Judges. :,
osc. Said Judges shall hold Office ior IN
term OF four years, and until their suceessos'
sre elected and qualiasd bot - esse o. q
csnEy Occurring y any eirsatt, Ne Gcs1no'
-. n.y.. !. sppe'as Judge, vhs shall bold once "
"a the general election, and until his successor
| ID elected and auakned.
e.c:s. Esch VI the ~ judges shall hssa >
iesss Iour terms Of court iu eaeh eounv ~ M
0ios Id each year, which court shall ~
oeseaa1 asa sxclusise juisdctiec - eaen co0n
~ yss1.!. Of the following setions ~ Pre-
u muttetU tetossuB :.
nese ~ wlis, the appointment and suPe!via0s
% ~. administrator and guafon.s =
omcee, iaioss and iunatics, the settlement q
deceeoset sstates, and the care Of the estesea
Of minoss and insaae persona, and ~ sosnsra
undss gnsfoianship asd Ill ProcesdinGs -
sne exsmiueuon or settlement Of the sccoeu,,
OF executors. adm Illustrators and guardians. all
applications ior the sale OF real estate belonging
70 minors Or persons under guardianship; sne
issuing OF marriage licenses, and aii aciioss ouo
proceedings under article /. chapter d OF the
Revision OF $50. and of other actions snd PROV
csedings o. which the county judge Or count
court now has Jurisdiction
ssc T. osid court shall have jurscieson
coneurrent VITA the district court N al civil
actions a. law. and Of foreclosures o. mort.
Cages, trust deeds and contracts for the sac 81
real estate. ano 10 try and determine e9 uHsec.s
issues arising In actions at law pending IN tn's
court, ana also IN all actions Of partition. Or ior
the assignment Of doSer. all applications !cE
the writ OF ID god danaun, and of q. appeals
in special proessdiags for the assessment Of
damages o. shs establishment or location o.
highwAvs, rsilroads. and other public improve
menss. Or tas taking Of private properly iof
public use.
Sac. S. Bald court shall have exclusive jn-
risdicsi:n o. ail appeals and vrlss OF efrSr from
JUSTICES courts mayors courts, and al osns!
interior Tribunals. either In in civil or criminal
cases; ana al provisions Of law now IN force
respecting euch appeals aud writs OF error enaii
apply - snis court with the same effect - II the
name thereof we're substituted wherever the
word distr1ct court new occurs in the ssAsusee
relating thereto.
Sac. 8. No grand jury shall b smpanneIed
in this court out when On lndctmen, for mis-
demsaa0r has been found in the districs court
and the deiendant il In custody or on Dali,
the district court, with the consent OF the de-
Il ndant. mey order the trial to b had q the
ne 1t term Of the circuit court in ths same coun-
~. For the purpose Of such trials, or the con.
tiauation thereof, the ciscui. court shall have
the same powers a. the court in which such IN.
dictment was found and il shall Be the duty Of
the district siorney TO attend to the trial Of all
such cases therein.
0sc. Z. Any case pending either in the dis
trict court or the circnit court Of any county
may. ~ the consent Of the parties. be trsns.
fsrred TO the ether Of the said courts within the
same ceunty: With the same effect - Il change
Of venue had been granted from one county y
another, ana tue original papers shall bt trans
ferrsd without costs, and without retaining
copy shsrsot. Whenever . change OF vseue
shall b grained on account Of Prejadiee Of dis
ability OF the Judge. the cause shall be trans
fsrrsd 70 the district court Of the same county.
unless ths sans objections exist TO the judge Of
the district court
Sac. 8. Each circuit Judge shsll have the
same power IN regard TO injunctions, writs, or.
dsrs and other proceedings out Of courts - ars
nov or hereafter may be possessed BY district
judges; aud also may administer oaths. take &C
knowlsdgsmsnti and dispositions, Except de.
positions to be used In his own COURT and
solemnize marriages.
HRc. .. The circuit court OF each county
shall be court af record and oil statutes nov
in force respecting the venue and commence
meat Of actions the jurisdiction, process and
practice OF the Dis riot court. the pleading and
mi of trial in srta Of lac nuitv the
relation and attendance Of petit jurors, the 81
feet aud lien o. judgments. and the enforce
meat thereof b. execution or otherwise, and
the allowance a.d taxing of costs. shall be
deemed applicable TO said clrcult court. except
where the same may be inconsistent with the
provisions of tn act. The records and papers
properly filed in In either the district or
Circuit court Of acounty, are equally evidence
in the other cour. Dispositions taken for one
court may be used in the other, with the same
effect subject & Ike objection, as If taken for
such court
Spc. 10. The sheriff and clerk Of the district
court in each coGliy shall be the officers Of the
circuit court for said county, and Tor their ser
vices shall b entitled to the same fees - are |
now. Or hereafter may be, allowed by lag tor
like services in the district court. The clerk |
shall provide and keep for the circuit court the
same books which are now required BY law TO
be kept for the district court. Tbs district and
der under tLair hsnds, direct that the records |
and minutes OF both courts b kept in one Get Of
boOko But oil matters touching decendents'
eststes, Wills, Enthusiastically guasdians and
heirs. aAd al business relating thereto, trans |
acted In the circuit court, and also the record |
Of marriage licenses, shall be kept separate in |
proper books prepared for that purpose as here
tofore.
$50 IL, The circuit court of each county |
Oh all have and use it, own seal, having on the
face thereof the words g. circuit court and
the name Of The county and state.
SEs. IL. For the transaction Of probate and |
oil other business heretofore within the iuris-
diction of the county court, and not requiring
notice. and for the issuing of citations and ether
notices TO appear upon such business, the clerk,
in the absence Of The circuit judge. shall, At oil
times, keep tie said court open. BY himself or |
deputy, and shall have all the powers hereto |
fore exercised y the county Judge out Of ses,
sion, subject, however. to the supervision and |
approval OF Ii. Judge.
Sac. 10 Tie salary Of each circuit Judge |
shall be fifteen hundred dollars per annum, pay
able out Of the state treasury in the same man
nsr 40 the district judges are paid.
Sac. IA. NJ circuit Judge shall practice - an |
attorney or counsellor ut law, or give advice IN
relation to any case pending Or about to be |
brought. in any Of the courts Of this State
Skc Is. Ali fees for probate business and |
other services heretofore performed by the |
county Judge. shall continue 10 be collected =
now fixed by law, and shall be paid into che |
county treasury.
ssc. IA. IN each election district now o. here
after established by Law for the district court,
there shall be held not less than two nor more |
than four general terms IN esci year, consist
inc Of III 1dis,rct i, dye and the two circuit
Judges within that district, At which term the |
said district Judge shall preside. Said tsrrrs
al ali be held !. such times and places ~ the
JUDGES NAV prescribe, by . joint order under
THAR banda. msle IN the month Of January Of
each year for The year then ensuing, and 70 be |
filsd with the cerk Of the court in each county |
Of the district The general term shall have
have power u make ana establish, and q |
pleasure to alter and sepsaE rules CT practice
Ia the several courts in such district.
an. ". An appeals from judgments or Or
1sva ~ ehs Aie,rict court, or circuit court. or
anv iudse thereof, within the said judicial die
lrict ahsIl ~ hard in the 6rst instance by said
venceaI term. and the provisioss Of sections
5eSi. aeSs. Of the Revision Of 1850 shall apply |
hereto. substitutisg the words general sssm Of |
lhs sane judseiL district, for the words supreme
sours.
~ ma..sr under the same rules. end With |
~ sano efFsst = appeals are nov takea from
he district "a IL supreme court, except That
10 aooeei 10 the esaeral term shall 10 allowed
after re e1pira, % Of three months from Tie
~ diiien 81 entry Of the judgment Or erdsr sP-
Sc. TO- . The .lsrk u Ne district ssurt In d.
sounty in which general tern shall - held,
shall Be the clerk Of sucn general term ; and
I'll records Or transcripts p eassc appealed y
him IN Che ssme manner that they ere forw@d.
"A ana cdr1i6ed 10 the clerk Of t1e suprome
eourt ~ e.reere AIKEN 70 that courA Ne shall