North Iowa times. [volume] (McGregor, Iowa) 1867-current, 1868-06-24
LAWS OF IOWA.
PUBLISHED BY AUTHORITY.
CHAPTER Sc,

Oourts, anu 70 dtnne the Powers and Jurisdiction
SECTION I. Be 1t enacted by the General Assembly, o,
the State Of I0Od, That Circuit Courts are hereby rs.
tablished throughout the State, and each Judicial Dis
rlct, MS now or hereafter constituted 10y law Tor the
election OF District Judges, shall be divided into tive
circuits as hereinafter more particularly described
~ each OF which there shall be elected, by the quail
ned voters thereof. at the general election in Novem'
her, 1858, and every fourth year thereafter, a Circuit
Judge. the votes tor whom, shall be ON the same bal
lot with that for State officers, shall DO canvassed
returned and certified in the same manner, and GER
~tiicates OF election issued the same, as in case Of Dis
trict Judges.
: SEC. 2. Said Judges shall hold Office for the term OF
{ four years, aud until their successors are elected and
auaiifei; but in case of a vacancy occurring in any
circuit, the Governor shall appoint y Judge who shall
hold Office until the next general election, and until
bis sue ersor Is elected and qualified.
SEC. 3. Each O, the said JUDGES shall hold at least
four terms OF court in each county OF his circuit in
each year, which eourt hall have original and exclu-
sive jurisdiction in each county, seyerally, OF the fol.
lowing actions and proceedings, viz: All matters re-
lating to the probate of wills, the appointment and
supervision Of executors. administrators, and guardi.
ans OF minors, idiots and lunitics, the settlement of
decedent's estates, and the care Of the estates Of All
BOrs and insane persons, and all oilers under guard
snahip; and all proceedings for the examination or
settlement OF accounts OF executors, adm Sistrators
and guardians, all applications for the sale o real e.
tate beionRing to minors or persons uAder guardian
ship; the issuing of marriage licenses. ana OF all
action and proceedings under art Gle ]. chapter 81. of
the Revision of 1850. and Of all other actions and pro-
seedlings of which the county judge or county court
now has jurisdiction.
SEC. 4. Said court shall have jurisdiction concur
rent with the district court in all civil actions at law,
and of foreclosures OF mortgages. trust decd. and con.
tracts for the sale O, real estate. ana To uy and det.r.
mine equitable issues arising in actions at law mend.
ing in tn is court, and al,o in all actions of partition.
OF for the assignments OF dewey, all applications for
the writ Of al qusd damnum, and of ain appeals in
special proceedan gs for the assessment of damages on
rae establishment or location OF highways. railroads,
snd other pnblic improvements, or the taking OF pri-
yate property for public use.
Sec. S. Said court shall have exclusive Jurisdiction
81 ali 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 ard write OF er-
ror shall apply to this court with the same effect as
if the n me hereof were substituted wherever the
Word district court now occurs in TIE statutes relating
thereto.
SEC. 8. No grand jury shall be empannsled in
this court; bnt when an indictment for mi.demeanor
has been found in the district court, and the defend
ant is in Custody OF on bail, the district court, with
the consent Of the defendant. may order the trial to
be had at the next term ot the circsit court in the
same county. For the purpose OF such trials. or the
continuation thereof, the circuit court shall have
the same powess as the court in which sush indict.
nent was found; and it shall be the duty Of the dis.
trict attorney to attend to the trial of all sneh cases
therein.
SEQ. z. ANY case pending either in the district
court or circ'it court of any county may, by the con.
sent Of the parties, DO transferred to the other Of said
souHts within the Same county, with the same effect
a il a change Of venue had been granted from one
county to another. and the original papers shall be
srapsfer red without costs, and without retaining
copy thereof Whenever n change of venue shall he
granted on account Of prejudice or disability of the
Judge, the cause shall he transferred to the dir .rict
court of the same county unless the same objections
exist to the Judge OF the distl let court.
SEC. s. Each circuit judge shall have the same
power in regard TO injunctisns, writs. orders, and
other proceedings out OF court MS are now or hereaf.
tor may be possessed by district judges; and also MAJ
administer oaths, take ack acknowledgement. and demo.
sitions, (sxeep, dispositions to BE- used in his own
court, )snd soIemnize marriages.
Sac. 8. The circuit court OF each county shall be
. court of record. and all statutes now in force re.
c,ecting the venue and commencement of actions
court, tho pleading and mode OF trial in actions of
taw or equity, the relation and attendance of petit
te,csn,eat thssesf BY execution or o,herwise, and tho
allowance and taxiag of costs, shall be deemsd aDpli-
Cable to the said cinsuit court, except where the same
nay be inconsistent with the provisions of this act.
The records and papers properly filed in q cause in.
eithsr the district or circuit court of a county, are
equally evidence in the other court. Dispositions tax.
en for one court. may be used in the other. with tn.
,ame effect. subject to like objectio on, us if taken tor
such osurt.
Sso. 10. Tho sheriff. and clerk Of the district
,ouct in each county, and fp their services shall be
entitled to the same fees as now are. or hereafter NAV
be, allowed by law for such services in the district
court. The elepk shall provide and keep for the cir.
oy law to b. kept for the district court. The dis.
trict 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
sccks, But all matters touching decedents' estates,
villa. administrators. guardians and heirs, al d ali
ausiness relating thereto, transacted in the circuit
80 kent separate in proper books, prepared 10, that
,urnose as hsrrso,ore.
SIC. IL. The circuit court Of zach county shall
aava and use its own seal, having on the face thereof
aSs. words circuit court" ana tn. name Of the
sonnty anA state.
arc M. For the transactiou Of urobate and all
,kh,r hnsiness heretofore within the in-isdic ton ofthe
,ountv court. and not requiring notice, and for the
rssuinr OF citati. ms and other notices to appear upsu
vnnh Business, the clerk, in the absence of the cir
,u;t juiaa. shall. at all times, keep the said court
,oen, by himself, or deputy, and shall have all tn.
lowers heretofore exercised by the cosnty Judge out
n session. subject, however, to the Supervision and
.prruyal Of the Judge.
SEe. lS The salary of each circuit Judge shall bs
Sfoesn hundred dollars peranaum. PAYABLE out of the