The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1891-03-11
COURT BILLS.
The New Appellate Court-othsr Court
Measures.

The New Appellate Court-othsr Court
Measures.
The most important act in regard TO
courts was the passage OF senate IS, by
Howard, establishing an appellate court of
five judges for the relief of the supreme
court. This court is given exclusive juris-
diction of all appeals from the circuit,
superior or criminal courts in cases of mis-
demeanor; cases originating before jus
tice of the peace where the amount in
VOWED exceeds SO exclusive OF costs; all
cases for the recovery of money where
the amount does not exceed 81 900 and all
cases for the recovery of specific personal
property; actions between landlord and
tenant for the possession OF leased prem
ises and In all cases OF appeals from or
ders allowing or disa'lOwing appeals from
decedent,' estates. In all such cases the
courts decisions shall lie final provided
the validity of no sta'ute of the state or
United states be involved in which case
such fact shall be certified 10 the supreme
court, which shall then hear the case.
The governor shall appoint the first five
judges tbut three OF one party who shall
serve till Jan. !, 1898. At the elections in
1892 the successors TO these Judges shall
be elected one of these from each OF the
following districts: Q) Monroe, Owen,
Clay, Parke, Morgan, Sullivan, Vigo,
Greene, Knox, DaYiess, MaHin, Dubois,
Pike, Gibson, rosey, NandeDurgh, War
rick, Spencer, Perry and Orarge; (2) Ohio,
Rush, Switzerland, Dearborn, Shelby,
Brown. Lawrence. Crawiod, Harrison,
Floyd, Clark. Scott, jefferson, Ripley, De-
catur, Bartholomew, Jack'on, Washing
ton and Jennings; i3) IipTecanoe, White,
johnson, Warren, FOuntaii, Montgomery,
Clinton, Boone. Upton, Hamilton, Marion,
Vermiliion, Putnam and hendricks5 t4J
Allen, Whitley, Huntington, Wells,
Adams, Grant, BackiorC, Delaware, Ran
dolph Jay, Howard Madison, Hancock,
Henry, Wayne. Fave to, Union and Frank
lin; l5) Lake, Benton, Porter, Laporte,
st. Joseph. f khart, Kosciusko, Marshall,
Starke, Jasper, Newton, Pulas-
XII, Fulton, Wabash. Miami,
Cass, Carroll, La Grange, Steuben, De
Kalb and Noble. The terms of the
judges first elected sha be by districts as
follows: (l) Two years. y and y three
years, "A and 81 four years from Jan. l,
1898, but their successors shall serve for
four years.
Judges must be thirty years OF age and
for five years residents OF the state; SUI
preme court officers ser7e as officers OF the
appellate court. The tlrrk shall receive
such fees a5 may be allowed in similar
cases in the supreme court, and shall re-
ceive $1,000 year additional 10 his pres-
ent salary, out of which he shall pay his
deputies. Orders, etc, shall be served by
county sherif1s for the same fee allowed
for serving similar orders, etc, from the
supreme court. The court shall be a
court Of record and its acts have the same
force as those of tine supreme court. The
courtroom is 10 be located in the state
house.
Appeals are to be taken to this court in
the same manner as To tho supreme
court and subject to the sane liabilities
and restrictions, practice snail be the
same aud judges in vacation shall have
the same power as supreme judges In va
cation.
In every case reversed a written opinion
shall be rendered and certtcation of
Judgment 10 the lower cour shall be in
the same manner as by the supreme
court.
A rehearing may be prayeC in the time
allowed 10y the supreme court The SUI
preme court shall convene the appellate
court as soon as convenient, when they
sha adopt the supreme courtpractice.
Each judge shall receive a saa ary OF
$500 per annum. Judges f this court
shall be competent to sit as hdges OF the
circuit, superior and crimnaleourts shall
choose. their own chief juiVe, no chief
Judge to serve two consecutlye terms.
When the court is organized the su-
preme court shall transfer u the appel
late docket all cases now on he supreme
court docket oi which the appellate court
may have jurisdiction, eScepJ such cases
as an appellate Judge may beincompetent
to sit in. Terms OF court shill begin on
the fourth Monday OF May and Novem-
Der.
Ii any Judge shall be kin tcany litigant,
interested in any case, have acted as at
torney therein or decided upon il in a
lower court, he shall not sit hereon; and
If the other judges be tied tie case shall
be certified TO the supreme court and there
decided. A concurrence OF three judges
shall be necessary to decidea case. Hear
ing ana argument shall be in accordance
with the supreme court rules, or the court
may adopt its own rults. The re-
porter of the supreme COURTS required to
publish the Indiana Appellate Court
Reports" A docket fee of 81, 10 go To the
state, shall be taxed to the loser of case.
When ease is appesled TO the appel
late court which should have been ap-
pealed 10 the supreme court the former
shall of its own motion transfer the same
TO the latter and vice versa. If the APP
pelate court fail 10 act on any case within
one year after it is filed. it shall, on motion
OF either party thereto, be transferred 10
the supreme court.
The appellate court must not, even by
implication, reverse or modify any su-
preme court decision. The life oi the
court expires by limitation March /, 1897.
Hotsel2 by Work, provides thaton pc
tition of Any incorporated town not having
justice of the peace the county commits
sioners shall appoint one and certify the
appointment TO the governor; emergency.
House p, BY Leyden, provides that the