The weekly Ottumwa courier. [volume] (Ottumwa, Iowa) 1857-1872, 1868-06-25

tcf IHOrO pirIlculafly ucscTlDcu, III
each o. which thcro shall be elected,
by the qualified voters thereof, at the
general election in November, 1868,
and every fourth year thereafter, a
Circuit Judge, the voters for whom
shall be on tho same ballot with that
for State officers, Ishalisbo canyassed,
returned and certificd IN the same
manner, and certificate Of election
issued the same, as In case of District
Judges.
Sec. 2. Said Judges shall hold of.
Ace for the term Of tour years, and
until their successors are elected and
qualified; but in case of a vacancy
occurring in any circuit, the Govern
or shall appoint a Judge who shall
hold Office until the next general cleo
ton, and until his successor is elected
and qualified.
Soc. 3. Each of the said Judges
shall hold ut least four terms Of court
in each county Of his circuit in each
year, which court shall have original
and exclusive jurisdiction in each
county, severally, Of the following
actions and proceeding, viz: All mat
tiers relating to the probate of wills,
the appointment and supervision of
executors, administrators, and guar
dian of minors, idiots and lunatics,
the settlement Of decedent's estates,
and the care of the estates Of minors
and insane persons, and all others
under guardianship; and oil proceed
ings for the examination or settle
ment of the accounts of executors,
administrators and guardians, all ap-
plications for the sale of real estate
belonging to minors or persons I'M
der guardianship; the issuing of mar
riage licenses, and Of all actions and
proceedings under article 1, chapter
81 Of the Revision of 1860, and Of all
other actions and proceedings
OF which the county judge or county
court now has jurisdiction.
Sec: 4. Said court shall have juris-
diction concurrent with the district
court in all civil actions at law and
of foreclosures of marriages, trust
deeds and contracts for the sale of
ealostate, and to try and determine
equitable issues arising in actions ut
law pending in this court, and also
in all actions of partition, or for the
assignment Of dover, all applications
for tho writ Of ad quod dan,unaa, and
of all appeals in special proceedings
for the assessment of damages on the
the establishment or location of high
ways, railroads, and other public I'M
provements, or the taking Of private
property for public use.
Sec. 5. Said court shall have on
elusive jurisdiction Of all appeals and
writs OF error from justices courts,
mayors courts, and all other inferior
tribunals, either in civil or criminal
cases; and all provisions of law now
in force respecting such appeals and
of error shall apply tothis court with
the same effect as ifthe name thereof
were substituted wherever the word
district court now occurs in the stat
utes relating thereto.
Sec. 6. No grand jury shall be en-
panneled in this court; but when an
indictment for misdemeanor has been
found in the district court, and the
defendant is in custody or on bail.
the district court, with the consent
of the defendant. may order the trial
to bdlhad ut the next term OF the cir
cult court in the same county, For
the purpose Of snch. n'ials, Of the con-
tinuation thereof, the circuit court
shall have the same powers as the
court in which such indictment was
found; and it shall be the duty of the
district attorney to attend to the
trial Of such cases therein.
Sec. Z. Any case pending either in
tho district court or the circuit court
of any county may, by the consent Of
the parties, be transferred to tho oth..
er OF said courts within the same
county, with the same effect as If a
change Of venue had been egranted
from one county to another, and
the original papers shall be transfer
red without costs, and without re-
tanning copy thereof. Whenever
change OF venue shall be granted on
account ofprcjudice or disability of
judge, the cause shall be transferred to
the district court of the same county
unless the same objections exist to
the judges of the district court.
Sec. Z. Each circuit judge shall
have the same power in regard to in
functions, writs, orders, and other
proceedings out of court as are now
or hereafter may be possessed by dis
trict judges; and also may admins
ter oaths, take acknowledgements
and dispositions, Except deposition,
to be used in his own court, and
solemnizc marriages.
Sec. 9. Tho circuit court of each
county shall be court of record,
and all statutes now in force respect
ing the venue and commencement of
actions, the jurisdiction, process, and
practice of the district court, the
pleading and mode of trial in actions
oflaw or in equity, the relation and
attendance ofpetit jurors, the effect
and lien Of judgments, and the en-
forcement thereof by execution or
otherwise, and the allowance and
taxing of costs, shall bc deemed ap-
plicable to said circuit court, except
where the same may be inconsistent
with this act. Tho records and pa
pers properly filed in a cause in eth
or the district or circuit court of al
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
objection, as if taken for such court.
Sec. 10. The sheriff and clerk of
the district courr in each county
shall be the officers Of the circuit
court Tor said county, and for their
services shall be entitled to the same
fees Us now are, or hereafter may be.
allowed by law for like services in
the district court. The clerk shall
provide and keep for the circuit court
the Same books which are now re-
quired by law to be kept for the dis
trict court. The district and circuit
judges of any county may by a joint
order under their hands, direct that
tho records and minutes OF both
courts be kept in one set of books
But all matters touching dcceden,s'
estates, wills, administrators, guar.