The Jasper weekly courier. [volume] (Jasper, Ind.) 1858-1922, 1889-01-11

Bill Proposed by VIM. A. TrayIOr
Senator from Dubois and
Perry.


Perry.
AN ACT to create an Appellate
Court, 10 define its Jurisdiction and
procedure. aud declaring an emergency :.
II SECTION l, Be II enacted by the Cen
crsi Assembly Of the State Of Indiana IS
follows:
i An Appellate Court Ia hereby created
and for that purpose the State IL divided
into five Districts. which shall be known
respectively AZ the First. Second, Third,
Fourth aud Fifth Districts. The counties
Iof Clay. Crawford. Daviess, Dubois. Glib
son, Greene, Knox, Lawrence, Martin,
Monroe. Morgan, Orange, Owen. Parke,
Perry, Pike, Posev. Spencer, Sullivan.
lVanderburgh aud Warrick shall consti.
ute the First Appellate Court Judicial
District.
\ The counties Of Brown. Bartholomew,
\ Clark. Dearborn, Decatur. Harrison,
Fayette. Floyd, Franklin. Henry. Jack
son, Jefferson, Jennings, johnson, Ohio.
Rush, Ripley, Shelby. Switzerland,
Scott, Union and Washington shall
CONSTITUTE the Second Appellate Court
Judicial District.
The counties OF Boone. Clinton. Foun-
tain, Hamilton, Hendricks, Marion,
Montgomery. Putnam. Tippecanoe,
IVigo, Vermilion, Warren and White
shall constitute the Third Appellate
Court judicial District.
The counties Of Allen, Adams, Black
ford, Delaware DeKalb, Grant, Howard,
} Huntington. Hancock, jaw, Madison,
D Noble. Randolph, Tipton. Wayne. Wells
land Whitley shall constitute the Fourth
! Appellate Court Judicial District.
!, The counties Of Benton, Cas-, Carroll,
4 Eikhart, Fulton, Jasper, Kosciusko.
; Lagrange, Lake, Laporte, Marshall,
Miami, Newton. Porter. Pulaski, 81.
4 Joseph, Steuben, Starke and Wabash
!. .Ishall constitute the Fifth Appellate
!, Court Judicial District.
ii SECTION 2. Said Court shall consist OF
3 five Judges, any three Of whom shall
form quorum, one Of whom shall re-
side in each Of the Appellate Court
Districts hereby created.
| SECTION 8. In all cases when the mat.
ter in dispute exceeds, exclusive of costs
the sum or value Of two thousand dol
4, liars; in cases involving the construc.
ltion of the constitution OF the United
! lStates or OF the State OF Indiana; IN
u cases where the validity Of treaty OF
e statute Of, or an authority exercised un
:" der the United States, Is drawn in ques
:, ltion; in cases involving the construc
- ltion Of the Revenue laws Of this Stat'
u or the title to any Office under this State
: i lin cases involving title 10 real estate: Il
y, eases when county or other politica
4 subdivision Of the State, or any Stat
n eofiicer is a party; in proceedings 70
a lhabeas corpus; and in all cases of feloD
II. aAul n
!, Superior or Criminal Court directly q
= the Supreme Court as now provided b.
i. lIaw. In all other cases, when before tht
Z passage OF this act an appeal might b
!, taken to the Supreme Court, appeal
!, !. NAV be taken to the Appellate Court
i and the Appellate Court shall have ex
u clusion appellate jurisdiction IN al sucl
I, leases, and the decisions Of said Appellate
I, Court shall be final.
"a SECTION A. Appeals to the Appellat
lylCourt shall be taken in the manner. will
cs the effect, and subject to the same imi
u tations and restrictions provided BY Law
vrIin cases Of appeals to the Suprem
o. Court, aud said Appellate Court, ans
r Judges thereof In vaction or recess
: :lshalI have the authority possessed BY tn
lSupreme Court, or the Judges thereof j.
vacation or recess, 10 stay proceedings
Issue injunciions and mandates, and q
!, ldo other acts and things IL aid Of th
n exercise Of its Jurisdiction. or TO enforc
n its Judgments aud Orders. The plead
I, lings. practice, submission, argument ant
- procedure ia cases appealed 70 sai'
z lAppellate Court shall be the same .
- 'vvlprovided BY law for the Supreme Court
I. so far A. the same are applicable and no
- inconsistent with this act such appeal
Imust be taken and perfected within 81
- months from the date Of the order, dc
II cree or judgment appealed from.
II SECTION 5. There shall be two term
!, Of said Appellate Court In each year,
~ TO be holden Al the capitol ofthe State,J y
~ one commencing on the first Monday u
!. Nav, the other commencing on IN
\, second Monday in November and eac
! term shall continue four m0nths, an
~ be enlarged IL the business thereof re
y. quire II.
se SEcrrox 6. After the final passage q
this act the Governor shall appoint III
hs first Judges Of said Court, choosing on
=, from each Appellate Court nistric
Y herein before named, TO serve until Judge
N for said Court shall be elected and quail
=, !, fed ns provided In section Of this &C
\. Not more than three OF the Judges ~
y, pointed bv the Governor shall be OF IN
Il II same political party; whenever vscanc
" shall occur in any Judgeship Of sal
" Court, the Governor shall appoint On
- =. commission : person to fIl such "
a. cancy.
- SEcrrox z. The term Of Office for sue
llIJudges shall be four years. Of iho'
en appointed by the Governor, they sha
re hold said Office until their successor
m are elected and qualified, and at u
III, general election next after the tskiu
n effect OF this act, the legal voters Of cac
It. Iof the Appellate Court Districts heres'
n. before provided, shall elect sucress'
rlylto such out going Judge or Judge
est " hose term Of Office shall commence q