The Tipton advertiser. [volume] (Tipton, Cedar Co., Iowa) 1856-1962, 1868-07-09

tSsuh VI CAVCult COuIk NAhG SuIllC SUuUe
ty. For the purpose Of such trials or
the continuation thereof, the circuit
court shall have the same powers rs the
court In which such indictment was
found; and shall be the duty Of the dis
trict attorney to attend to the trial OF all
sush cases therein.
=. Any case pending either In the
district court or the circuit court Of any
county may by the consent Of tho par
ties be transferred to the other OF said
courts within the same county, with the
same effect ~ II = change OF venue had
been granted from one county to anoth-
err, and the original papers shall be
transferred without costs, and without
retaining copy thereof Whenever a
change Of Venue shall be granted on ac-
count Of prejudice or disability OF the
judge, the case shall be transferred to
district court Of the same county unless
the same objections exist to the Judge OF
the district court.
IS. Each circuitjudge shall have the
same power In regard to injunctions,
writs, orders, and other proceedings out
ofcourt as are now or hereafter may be
possessed by district judges, and also
may administer oaths, take acknowl-
edgments and dispositions, except de-
positions to be used in his own court,
and sOlemnize marriages.
80. The circuit court Of each county
shall be court Of record, aud all stat
utes now In force respecting the venue
and commencement of actions, the jur-
isdictions, process, and practice Of the
district court, the pleading and mode OF
trial in actions Of law or In equity, the
relation and attendance Of petit Jurors,
the effect and lein Of Judgments, and
the enforcement thereof by execution
nR SNfI fI,sAPs I'D all
taxing OF costs, shall be deemed appli-
cable to said circuit court, except where
the same may be inconsistent with the
provisions Of this act. The records and
papers properly filed In a cause In either
the district or circuit court Of county,
are equally evidence in the other court.
Dispositions taken for one court, may be
used in the other, with the same effect,
subject to like objections, rs II taken for
such court.
slO. The sheriff and clerk of tho dis
trict court In each county shall be the
officers Of the circuit court for said coun =
ty, and for their services shall be enti-
tied to the same fees rs now are, or
hereafter may be, allowed by law for
like services in the district court. The
clerk shall provide aud keep for the
circuit court the same books which are
now required by law to be kept for the
district court. The district aud circuit
judges Of any county may, by a Joint
order under their hands, direct that the
records and minutes of both courts be
kept in one set of books. But oil mat.
ters touching decedents' estates, wills
administrators, guardians and heirs
and all 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 IA heretofore.
ii. The circuit court OF each count,
shall have and use its own seal, having
on the face thereof the words .'crcuil
court" and the name of the county and
State.
II. For the transaction of probate
and all other business heretofore within
the jurisdiction Of the county court, and
not requiring notice, and for the issuing
of citations and other notices to appear
upon such business, the clerk, in tire
absence of the circuit Judge, shall. at al
times, keep the said court open, by him
self or deputy, and shall have all thu
powers heretofore exercised by the coun
ty judge out of session, subject to tn.
supervision and approval of the Judge.
b. The salary Of each circuit judx.
shall be fifteen hundred dollars rtcr an
mum, payable out of the State treasur,
In the same manner As the distric
judges are paid.
Z IA. No circuit Judge shall practice ~
an attorney or counselor at law, or Civ.
advice in relation to any case pending
or about to be brought, in AIRY of tlfe
courts Of this State.
l5. All fees for probate business and
other services heretofore performed by
the county judge, shall continue to bt
collected as now fixed by law, and sl,al
be paid into the county treasury.
IL. In each judicial district now ol
hereafter established by law for the dis
trict court, there shall be held not les.
than two nor more than four genera
terms In each year, consisting Of the
district judge and the two circuit judges
within that district, at which term the
said district judge shall preside. Said
terms shall be he'd at such times and
places as the judge may prescribe, by q
joint order under their hands, made il,
the month OF January of each year fol
the year then ensuing and to he filed
with the clerk Of the court in each coun.
ty of the district. The general term
shall have power to make and establish
and at pleasure alter and repeal, rules oi
practice in the several courts in such
district.
sl7. All appeals from judgments or
OFueTS OF Int ulSLflcC court, or clrcu 1t
court, or any judge thereof, within the
said judicial district, shall be heard in
the first instance by said general term,
and the provisions of sections 263l, 1882
of the Revision of 1860, shall apply
thereto, substituting the word. general
term of the same judicial district, for the
words supreme court.
z.ls. Such appeals shall be taken in
the same manner, under the same rules,
and with the same effect rs appeals are
now taken from the district to the
supreme court, except that no appeal to
the general term shall be allowed after
the expiration of three months from the
rendition or entry of the judgment or
order appealed from.
2l9. The clerk Of the district court i'm
the county in which general term shall
be held, shall be the clerk of such gener-
al term; and all records or transcripts
in cases appealed to said term shall be
forwarded and certified to him in the
same manner that they are forwarded
and certified to the clerk of the supreme
court in appeals taken to that court. He
shall perform the same duties for the
general term that the clerk Of the SUI