Cedar Falls gazette. [volume] (Cedar Falls, Iowa) 1860-1895, 1868-05-15
the Powers aud Jurisdiction there

IL 81
sEcrroS 4. Be ii cnacfrd hy n.
General 4ssen,5iy Of the State 81 7onsr
Tint Circuit Courts are hereby estnb,
lishcd throughout the State, aud encf
judicial District, as now or hereaftcI
cUnstitutcu by law for the election 81
District Judges, shall be divided int
two circuits as hereinafter more t,ars
ticularly described, In each OF whic.
there shall bc elected, BY the uuaii
fled voters thereof, at. the renera
election In November, 1865. and every
fourth year thereafter, u Circti,
Judge, the votes for whom shall b<
canvassed, returned and certified Iii
the same manner, aud certificates ol
election issued the same, as In case o1
District Judges.
SEC. 2. Said Judges shall hold
office for tile term of four years, and
until their successors are elected and
qualified I'but lh case Of 4 vacancy
occurring In any circuit, the Cover.
nor ahal appoint n Judge who shall
hold offfce until the next renerlI
election, and until his successor Il
elected and qualified.
SEc. 3. Each Of said Judges shall
hold at least four terms Of court In
each county of his circuit in eacll
lyehr; Which court shall have original
and exclusive jurisdiction In each
county, sevcraliy, of the following
actions aud proceedings, Wig: All
matters relating To the probate ol
willis, the nppoihtment and supervi-
sion of executors, Iaalministrntors
aud guardians ofiininofs, idiots and
lunatics, the settlement Of idece,lcnt's
estatesr aud the caru Of the estates o.
minors and insane persons, and al
others under guardianship; and all
proceedings for the examination ul
settlement of the accounts OF execu.
tors and guardians, all applications
for the salc aof real estate belonging
10 iniiiors or persons under guRr,lian'
ship; tile issuing, of marriage H.
iccnses, aud of all uctiOns and prol
'cecdlngs under article l., chapter 81
of the Revision of 1860, and of ail
other actions and proceedings ol
which tho county Judge or county
court now hns jurisdiction. 1uilasi
lfBEC4 4. Said court shall have,ju.
risdiction concurrent with the dis.
trict court imall civil actions at law,
and of foreclosures of mortgages,
trust deeds and contracts for tlie sals
of real estate, and 20 try andIdeter.
mime equitable issues arising, In ac-
tions ats law pending In this court
and also I'm all actions of Partition, oI
tor the assignment Of power, all APP
piications for tho writ of dd qlOcl
dd'nnuns and of all appealsin In special
proceedings for the assessment oi
damages on the establishment or 10.
cation OF highways, railroads, and
other public improvements, orr ths
taking of private property for public
use. 1913 rs NfO10 3Nf JS .fa M
SEc.5. Said court shall have ex.
elusive Jurisdiction ofaIi appeals ard
writs OF error from Justices, courts
mayors courts, and all other litferioi
tribunals, either In civil or criminal
cases; md all provisions of law now
In force respecting such appeals aud
writs 0feri3r shall npply To this courl
with the sGfnc effect as sif tile name
thereof were substituted whcrevrl
the wursi district court now occurs
In tire statutes relating thereto. 81
SEC. 9. No grand Jury shall be EN-
panneled In this court but when an
indictmeht for misdenieanor hu.
been found I'm tho district court, and
the dcfendant h I'm custody or ON bal
the district court, with tie consent
uf the defendant, may order the tria
to be had at the next term of tile cir
cult court In tie same county. Fol
the purpose OF such trials, or the con
tinuation thereof, the circuit cour
shalt have the same powers as the
court In which such indictment wa.
f0and; and it shnll be th,
duty of tho district attorney to at.
tend to the trial of oil such cases
therein. iFt 8g ffMo
SEC. z. Any case pending either
ln tho district court or the circui
court OF any county may, by the con
sent OF the parties, be transferred 3,
the other of said courts witllin tia
same county, with the same effect III
IL change or venue had been ri al, I,
ed from one county to another, and
the original papers shall be transfer
red without costs, and without re.
change OF vcnne shall be granted of
account OF prejudice or disability ol
the Judge, the cause shall be transfer
red to the district court or the same
county unless the saIne objections
exist to the Judge Of the districl
court. sH gB 1iu
SEc. 8. Each circuit Judge shni
have the same power I'm regard to hi
functions, writs, ordefs, and othcl
proceedings out OF court as are nov
or hereafter may be possessed by dis
trict judges; aiid Also may admins
ter oaths, take acknowledgment,
ssd depositions, Except deposition
To be used In his own courtJ and
sole.nnize marriages. =
I Ssc.0. The circuit court OF cncl
county shall be a court OF record, s.ilt
all statutes now In force respect
ing the venue aud commencsmeilt b
actions, the jurisdiction, nrpcess, ant
practice. OF, the, district court, Tho
pleading aAd ,lppde OF trial in actions
or law or In etihfty,. the relation AM
attendance OF petit Jurors, the effec
and lien Of Judgements, and the en-
forcemeut thereof by execution ol
otherwisc, and the allowance ans
taxing Of costs, shall be doomed np
plicable to said Circuit court, excep,
where the same nlhy be Inconsistent
with The provisions Of this act, trhs
records and papers properly fled In
cause in either the district or circuil
Ssncs d Il ID sSe Sthtf Court. iIs Tsposi. swi.
tions taken for one court, may bt
used In the other, with the same ef
feet, subject to like objection. as Il
taken for such court.
SIC. 10. The Sheriff and clerk o
the district court In each county shall
be the officers of the circuit court for
said county. and for their services
shall be entitled 10 the same, fees ai
now are, or hereefter may be, Pil0w,
ed by law for like services In the dis
'trict court. The clerk shall provide
and keep for the circuit court thu
same books which are now required
by law to be kept for the dlstric'
court. The district and circuit
judges Of any county may, by q joinl
order under their hands, direct tha,
the records, 4 and minutes OF both
courts be. kept I'm one set 0f books
But all matters touching decedepts
estates, Wills. administrators, guard
ians and heirs and all business re-
lating thereto, transacted fp the cir
euit court and also the record ofmar
riage licenses, shall be kept separsts
In proper books, prepared for thai
purpose as heretoforc. -. .e..ta..
SEQ. III. The circuit court Of eacl
county shall have and use It's own
seal having on the face thereof tha
words "circait COURT and the nams
Of the copnty end State s.'i.s.
SEc., IL For the transaction o
s1r,hnf "a and All ofhpr hatsfnoea harn