The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1868-04-26
05t aailg 6att Oily.
LAWS OF IOWA.
Published by Authority.



Pub,ished by Authority.
cnAPTKH 90.
ANacT establishing Circsit and 6snsrL Term
Courts, and to define the Powers and Jurisaie-
ton thereof
See. |. Be II enacted BY The Gsneras dssemety
IF the Stats of Iosca That Circuit are here
by estabtished throu xhout the State and each Ju-
lieial District AZ now hereafter constituted BY
Law for The eleetinn Of District Judges shall be
divided into tsu circuits ~ hersiOsiter nofe par
ticlary described in each OF which there shall be-
elected by The aa6ed voters thereof, At the gen
era, election ii November, 1853, and every fourth
year thereafter, Circuit Ju.fge, the rioters for
whom shall be on the same ballot with that for
State officers, shall be canvassel. returned and
certified in the same manner, and certificates oil
election Issued The same, ~ in ease Of District
Judges.
sac, 2. Said Judges shall hold ONCE for the
term offour years aad until their successors are
eec.ed and qua lied but in case o. vacancy
oecusiug ia ans oreat, the Governor shall appoint
o Judge who shall hold efies until the next gen
eral election. and until his successor is e.ested
and qualified.
Sec. 3 Fash Of the said Judges shall bold ut
least four terms Of court in each connSF of his
circuit in each year which court shah have original
ard exclusive Jurisdiction in each county, sever
ally, of the following actions and proceedings,
VIZ Al matters relating 10 the probate of wills,
administrators, and guardians of miners, IDIOTS
and lunatics the settlement Of decedent's estates
aud the Of the estates of minors and insane
persons, and ali others under guardianship; and
all proceedings for the examination settlement
of the accounts Of executors, administrators and
gla di ms all al ations for the sale of ca
tste Belonging u minors persons under guar
6s,Sahip the issuing Of marriage licenses, and Of
actions and proceedings under article ], chapter
81 Of the Revision ofls6D. and OF all other actions
AMI proceedings ofwhich the county Judge or com
ty court now has jurisdiction.
SEC. 1. Said court shall hare Jurisdiction con-
cur. mt with the district court in civ sctions
al law and Of foreclosures OF mertga trust
deeds aud contracts for the sale of real estate and
70 try and determine equitable issues arising in
aetions at Law pending in this court. and also in
sill actions Of partition, or for the assignment CT
dover, all applications for the writ of al gpso1
detaag, and Of ali appeals in special proceedings
for the assessment of damages on the establish
ment or location Of highways, railroads, and 9TH
pubie improvements, or the taking OF private
property for public use
gge. 5. Said court shall have exclusive jurisaic-
tfon et aiIarpeas and writs of error from justices
courts, mayors courts, aud all other inferior ri
bunais, either in civil criminal cases and all
provisions of Law nc in force respecting such sp
peais and writs Of shall apply to this court
With ths same effect If the thereof were
substituted wherever the word district court
occurs in the statutes relating thereto.
SEC. 6 No grand jury shall he enpanneied in
this court; but when an indictment for psisdemean
or has been found in the distrie. conrt, and the
defendant is in custody bail. the district
court, with the consent OF the defendant, may or
der the trial to be had ST the next term Of the cir
cult court in the same county. For the purpose
Of suah trials, tae continuation thereof the cir
quit court shall have the same powers as the court
10 yhich such indictments was found and il shall
be the duty Of the district attorney TO attend to
the trial 8t all such eases therein.
SEC. 7. Any case pending aitter "a the district
court or circuit court Of any county may, BY the
consent Of the partic be transferred 10 the other
OF said courts within the same county. with the
same efsat as il change of venue hai been grant
al from one county TO another, and the original
papers shall be transferred ~ithoa, costs, and
without retaining copy thereof. Whenever
ckapge Of venue shall be granted or account Of
prejudice or disability ofthe judge, the cause shall
te transferred 10 the district court Of the same
county unless the same objections exist % the
Judge Of the district court.
sse. 8. Each circuit judge shall have the same
power ia regard to njunctions, wFits, orders, and
other proceedings out Of court "a are DOW or here
after may be possessed BY district judges ana
Siso may administer oaths, take sckuowledge
raen,s ard dispositions. Except dispositions to be
psea in his own rourt,1 and saempize marriages.
Erc The cireai. court OF each county shall
be court Of record, and all statutes now IN force
respecting the venue sn neneement OF actions,
the jurisdietion process and practice OF toe dis-
t-.ct court the pleading and mode Of trisi in Ae-
tons Of law or 10 equity, the relation and atten
dance Of petit Jurors the effect and lien etgufge
gnents and the enforcement thereof by execution
or Otherwise. and the allowances and taxing 81 |
eosts shall be deemed applicable TO said circuit
COURT except where the same may be Inconsistent
With the provisions of this ass. The records and
papers properly flied in soaaf 10 either the dis 4
trist or circuit court Of county, ars equally es-
deneed in The other court Dispositions taken for !
one court nav be used in the other, sith be
came effect, subject 10 Ike objections, as # taken
for such court
Ssc le Tae sheriff and clerk Of the district
rourt in each county shall be the officers Of the
circuit court far said county, and for their serT
ees stall be entitled to the same fees as now are
or hereafter may be. allowed by Law fer like ser
vices ia the district court. The clerks shall pro-
vide aud keep for the cireui. court tbs same books
Which are nov required by law TO be kept for the
astEIet court The district and circnit judges Of
any county may, by a joint order under their
hands direct that tho records and minutes of both
eoarts be kept 10 set Of books But ali mat
trrs touching decedents estates, wills, admins
,-stors guardians aud heirs, and all business re-
ia,,,y hereto. transacted in the circuit court, aud
sl The reco, Of marriage licenses, shall be kept
separate in proper bohss, prepared ioF thai puF-
p3se a heretofore.
SEC. IL The circuit court of each county shall
have and nsc it, own seal, having on the face /
the county and Stats.
sgc ~ 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 neitces TO
appear upon such business, the clerks in the alb |
sence Of the ereuit Judge, shall al all LINES keep
the said court opea. by himself deputy, and |
shall have all the powers heretofore exercised by
the county Judge GU. Of session, subject however
to the supervision and approval Of the judge.
Sac. IL. The salary of each circuit JHa re shat |
be fifteen hundred dollars per annum, paysbse
out Of the State treasury in the same manner as
the district Judges are paid
SEC. Ii. No circuit Judge shall practice as an ST.
torney OF counselor ut Law, or give advice in res-
ton to any pending OF about 10 be brought.
in any of the courts of this state
Rgo Is. All fees Tor probate business and 9th |
er services heretofore performed by the county /
Judge. shall continue to he collected fixed |
by Law. m shall be paid into the county treasury
Sxe Is. In each Judicial district now or here
after esfa 1iished By Law for the district court
there shall be held not less than two than
four se,e Il terms each year, consisting of the
district Judge and the two cireait judges within
that disret which term the said district judge
shall IRE siie. Said terms shall be held at such /
times AMI places as the Judge may prescribe, by /
Joint ord runder their bands, made the month Of
January Of each year for the year hen ensain Z /
and to be filed with the clerk Of the court in each
county OF the district. The general term shall /
have lower TO make ard establish. and at pleasure
alter and repeal. rules of prsctice in the several
courts in such district.
SEE IL All appeals from Judgments or orders Of |
the distrie. court, or circuit court any judge I
thereof within the said Judicial district, shall 10
heard in the first instance by said general term,
and the provisions Of sections 1851, 1882, of the /
Revision of 1864 shall apply thereto, substituting I
the words general term Of the same Judicial dis
tries for the words supreme court.
Srr Ie Such appeals shall be taken in the |