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

ness ana uthcfS SERVICES heretofore
performed by the county Judge, shall
continue tc be collected as now fixed
by law, and shall DO paid into the
county treasury. fs
See. 16. In each judicial district
now or hereafter established by law
for the district court, there shall be
held not less than two nor more than
four general terms in each year,
consisting Of the district judge and
tho circuit two circuit Judges within
that district, at which term the said
district judge shall preside. Said
terms shall be held ut such times and
places as the judge may prescribe,
by joint order under their hands,
made in the month of January of
each year then ensuing and to be fil-
ed with the clerk Of the court in each
county of the district. Tho general
term shall have power to make and
establish, and at pleasure alter and
repeal, rules of practice III the several
courts in such district
Sec II. All appeals from judgments
or orders OF the district court, or cir
cult court, or any judge thereof, with
in the said judicial district, shall be
heard in the first instance by said
general term, and the provisions Of
sections 1881, 2632, of the Revision
of 1860, shall apply thereto, substi
tuting the words general term of the
same Judicial district, for the words
supreme court.
Sec. Is. Such appeals shall be ia.
ken in the same manner, under the
same rules, with the same effect, as
appeals are now taken from the dis
trict TO the supreme court except
that no appeal to the general term1
shall be allowed after the expiration
of three months from the rendition or
entry of the judgment or order APP
pealcd from.
Sec. 10. The clerk of the district
court in tho county in which gen
eral term shall be held, shall be tho
clerk of such general term; and all
records or transcripts in cases appeal
cd to said term, shall be forwarded
and certified to the clerk Of the SUI
preme court in appeals taken to that
court. lie shall perform the same
duties for the general term that the
clerk of the supreme court performs
for the supreme court. He shall de-
liver over allrecords to any other clerk
on the order Of, said general term. He
shall certify all judgments or orders
of the general term, made on appeal,
back to the proper counties, in the
same manner and with the same Of
feet as is now done by the clerk of
supreme court. In all such cases he
shall charge and collect the same
fees now allowed to the clerk Of the
supreme court in similar cases.
Sec. 20. The general term may re-
verse or affirm the judgments or or
der below, or the part of either APP
pealcd from, or may direct such judg
ment or order as the court or judge
below should have done. 1t may :
also, when it atlirms a Judgment, di--
rect Judgment against the appellant
and his suretics on the appeal bond;
and in all cases may make such or-1
der as ocosts us may be just; but in
all eases where new or modified
Judgment or order is directed by the
general term, its decision, with the
transcript or other record upon
which it was made, shall be at once
certified back to the clerk Of the
court of the county from which the
appeal was taken, and such judgment
shall be entered by him, either dur
ing term or in vacation, rs substi-
tutc for the original judgment or or
der, and process issued for the en-
forcement of the same, whenever re-
quested by the party entitled there
to unless stayed upon appeal.
Sec. II. In all cases commenced
before Il justice Of the peace, the de-
cision of the general term shall be
final, unless two ormore oflhe.judges
holding said term, shall certify that
inthcir opinion question is involv-
ed in the case upon which it is desir-
able to have the decision Of the SUI
premc court. In all other cases an
appeal may be takenfrom judgments
or orders Of the general term to the
supreme court in the same manner.
under the the Same rules, and with
the same effect us appeals have here
toiore been taken from the district
court, except that the time allowed
for taking the same shall be six
months. The notice of such appeal
shall be served on, and the superse-
IDEAS bond, if any, fled with the clerk
ofthe court in tho county III which
the cause was tried, who shall trans
init to the clerk Of the Supreme court
the transcript or other record upon
which the cause was heard at gener.
al term, with the decision OF said
term. The judgments and orders of
the supreme court shall be certified
directly to the court in which the
cause was tried for such further pro.
ccedings rs may be necessary; but
cases originally commenced before a
Justice Of the peace shall be certified
back TO the circuit court.
Sec. p. The judges of the circuit
or district courts may, III any cause
they may deem of sufficient impor-
lance, reserve their decisions on
questions of law. for hearing and de-
termination at the general term, and
in cases where it is necessary Tor
that purpose, may order the finding
of a special verdict by tho jury, on
questions of fact i'll cases tried BY
jury, and causes tried before the
court may make q finding of facts,
and the hearing and determination
ofsaid cause shall be, in all respects,
the same, and have tho same effect
as q trial of said cause on appeal
And either party may have evidence
in the cause certified to said general
term, so be there reviewed in tho
nearing of the general term, the same
as in the hearing Of appeals in such
cases.
Sec. 23. The counties OF Lee and
Des Moines in the first judicial dis.
trict shall compose the circuit there,
in.
The counties of Henry and Louisa,
in said judicial district, shall compose
the second circuit therein.
The counties Van Buren,, Wapcllo
and Davis in the second judicial dis,
trict shall constitute The first cirru;t