Ottumwa weekly courier. (Ottumwa, Wapello County, Iowa) 1872-1899, 1876-03-29


faithful discharge ofhis duties, which
bond must be filed with and approx
ed by the Mayor, and the effect of
such election and qualification shall
be to abolish the Office ofPolice Judge
Of such city.
Sec. 4. In case of a vacancy occur
ring in the said office of Judge, the
Mayor, by and with the consent of
the Common Council, shall appoint a
Judge who shall hold the Office until
the next annual city election, and UNI
til his successor is elected and quail
fed who shall be chosen to fill the
uncxpired time.
Sec. 5. Said Judge shall hold at
least one term of court in each month,
except in August, commencing on the
first Monday in each month, butaas a
Police Court it shall always be open
for the dispatch of business.
Sec. 6. Said Court shall have jur-
isdiction concurrent with the District
and Circuit Courts, as now and here
after provided by law, except where
said courts respectively have exclu-
siye jurisdiction, and except actions
for divorce, and of all appeals and
writs of error, in civil cases, from
Justices Courts within the township
or townships in which the city is
located, and by consent of parties
from Justices Courts in other town
ships in the county, said appeals and
writs of error to be taken in the same
time and manner as if the same were
taken to the Circuit Court; and the
exclusive original jurisdiction to try
and determine all actions, civil and
criminal, for the violation of city
ordinances, and all the jurisdiction
conferred upon Police Courts, as now
and heretofore provided by law, and
all the jurisdiction co-extensive and
concurrent with Justices of the Peace
in all actions, civil and criminal, as
now are or may be hereafter provided
by law, and for the trial of criminal
actions, shall be opened at such times
and under such rules as the court
shall prescribe.
SEC. Z. Changes of venue may be
had from said Court in all civil ac-
tons to the Circuit Court, in the same
manner, for like causes, and with the
same effect, as the venue is now
changed from the Circuit Court as
provided by law. In criminal ac-
tons changes Of venue may be had to
the District Court, and when criminal
actions are tried in vacations, without
jury, an appeal will be to the District
Court, as provided by law, for APP
peals in like cases from Justices Of
the Peace.
Sec. 8. The said Judges shall have
the same power in regard to injunc-
tons, writs, orders, and other pro-
ceedings out of courts as are now or
may be hereafter possessed for the
Judges Of the District or Circuit
Courts,and may also administer oaths,
take acknowledgements and deposit
tons, Except dispositions to be used
in his own COURT, and solemnize mar
riages. But he shall not practice in
any of the courts of this State.
SEC. 8. The Superior Court shall
be court of record, and all statutes
in force respecting venue and COM
mencement Ofactions, the jurisdiction
process, and practice of the Circuit
and District Courts, the pleadings and
mode of trial of action at law or in
equity, and the enforcement of its
judgments by execution or other
wise, and the allowance and taxing
of costs, and the making of rules for
practice or otherwise, shall be deemed
applicable to the Superior Court, ex-
cept wherein the same may be incon-
sistent with the provisions of this act.
The records and papers properly filed
in q cause in either the District or
Circuit Courts, are equally evidence
in said Superior Court.
SEC. 10. The said court shall have
and use its own seal, having on the
face thereof the words, Superior
Court, and the name of the City,
County and State.
Sec. II. AS long as the business of
the court can be done with convent
ence and dispatch, without a clerk,
the Judge shall be the clerk of the
said court. Whenever, from the ac-
emulation of causes and other de-
mands upon the court, q clerk shall
become necessary, the city recorder
or clerk shall be the clerk
of the Superior Court, and shall
receive such compensation for his
services as the City Council may
from time to time allow, and he shall
perform the duties in said court pro-
vided by law for the Clerk of the
Circuit Court, and he shall give bonds
rs required of the said Judge.
SEC. IL. The City Marshal shall be
the executive officer of said court, and
his duties and authority in court, and
in executing process shall correspond
with those of the Sheriff of the County
in the Circuit Court, and he shall re-
ceive the same fees and compensation
as the Sheriff for like services. But
the process of said court may also be
served by the Sheriff.
Sec. Ii. The Judge of the said
court shall receive i'm full compensa-
ton for his services the sum of two
thousand dollars per annum,t to be paid
to him quarterly the two first quarters
OF the municipal year shall be paid
from the City Treasury, and the last
two from the County Treasury where
in said city is located. The cost and
fees of said court in civil actions
shall be the same as i'm Circuit and
District Courts except herein other
WisC lHC NUN VI luc
Superior Court shall account for and
pay over to the city all fees that may
be paid into said court, and also for all
fines tor the violation of city ordin-
ances, OF all other fines he shall rem
der the same account as is provided
for Justices OF the Peace. In actions
for the violation of city ordinances, if
unsuccessful, the city shall pay all
costs, the same as provided by law
for the county in other criminal ac-
tons prosecuted in the name and be-
half of the State. The fees in GRIM
inal actions shall be the same as in
Justices courts, and shall be paid and
accounted for as herein before stated,
and as otherwise provided by law,
for Justices Of the Peace and their
courts.
SEC. IA. Upon the first regular
call Of the calendar of
cases by the court, either party to an
action may elect to have such cause
tried by jury, and minute of said
shall be made from the cal
endar. Causes thus designated shall
be tried first in their order, and when
u olsPOSiNioh Shu1l I've OCCll IluuC IA
such cases the jury shall be discharg-
ed from further attendance at that
term. No juror shall be detained as
juryman longer than one week, ex-
cept upon trial commenced within
the first week of his attendance.
SEC. Is. In order to provide jul
rors for said court, the Judge, May
or and Recorder shall Immediately
after qualifying and every three
months thereafter, make out a list of
twelve names of persons from the
body of the county in which the city
is situated, qualified to serve as jurors
in the District Court, which list shall
be furnished to the Clerk of said Supe-
rior Court, and from this list there
shall be drawn by the Clerk and Mar
shall nine persons in the same manner
as jurors are drawn in the District
Court, and q precept from the court
shall issue accordingly five days bel