The Advocate and news., 1899-01-11


sas" and one bearing the words Court OF
Common Pleas Of Crawford County, Kan
sas." The board Of county commissioners OF
the respective counties Of Cherokee and
Crawford, shall forthwith procure the seals
provided for by this section and deliver the
same to the respective clerks Of said Court
Of Common Pleas who shall thereafter have
the custody Of said seals and with which
they shall authenticate all process OF said
court and all Of their official acts.
Section g. The court hereby established.
shall be court Of general jurisdiction and
shall have concurrent original jurisdiction
with the District court of said counties In
all civil actions legal and equitable and for
the purpose Of the jurisdiction hereby con-
ferred and Of its full, proper and neces-
sary exercise all Of the laws of this State
relating to the powers and jurisdiction Of
District court and the practice, pleadings
and proceedings therein, shall apply to said
Court Of Common Pleas and to the mode
of procedure therein, and to the process
thereof original, mesne and final. except
that any action pending in said court shall
stand for trial at any time as soon as tn
issues in such action are made up.
Section 4. The county attorneys of Cher
otee and Crawford counties. Kansas, re-
spectively, may file any indictments and
informations, or other proceeding In
criminal actions in said Court of Common
Pleas. Such criminal actions or proceed
ings shall be triable in said Court Of Com
mon Pleas. and said court shall have ju-
risdictiOn Of all such actions and proceed
lngs, and all laws of this State relating to
the powers and jurisdiction OF the District
courts in criminal actions and proceedings
and to the practice pleadings and proceed
ings therein, shall apply to the Court of
Common Pleas and to the mode Of proceed
ure therein.
Section 5. The said Court of Common
Pleas shall have original jurisdiction and
proceedings in quo Warranto habeaS cor
pus, mandamus and may allow injunctions
m all proper actions and proceedings.
Such court shall have no appellate juris-
diction from justices Of the peace or from
the Probate court but It shall have and pos
sess concurrent with the District court
supervisory with the powers over and re-
specting all courts and tribunals inferior
to the District court to prevent and correct
errors and abuses.
Section 8. The said Court Of Common
Pleas shall have power to render judg-
ments. make orders and enter DEGREES in
all actions or proceedings pending or to be
brought In or before said court. and the
Judge thereof, respecting actions or pro-
ceedings pending or to be brought in or be-
fore said court shall have and exercise ju-
risdiction and powers in vacation or at
chambers to hear and determine motions
to grant, vacate or modify injunctions to
Vacate. modify or set aside proceedings in
garnishment. to grant orders Of attachment
on claims not due under like conditions and
subject to the same restrictions as is con-
court. to dissolve or discharge attachments
or release property held Hereunder to ap-
point receivers, to vacate orders Of arrest
and to grant, Yacate or modify all inter-
locutory orders and to punish for contempt
In the manner provided bv law. and in all
other cases the Judge Of the said Court Of
Common Pleas shall have and may exercise
the like powers and jurisdiction in term
time or In chambers respecting actions or
proceedings pending In said Court of Com
mon Pleas as bv law are conferred upon
the judges Of the District court OF this
state respecting actions and proceedings
before them.
Section T. All persons who have been duly
admitted to practice in the Supreme court
or in any District court of this State who
have not been disbarred or suspended from
practice. shall be deemed attorneys Of the
Court Of Common Pleas.
Section 8. When the presiding Judge OF
said court is interested in any action, or has
been Of counsel therein, or is related to any
Of the parties thereto, or Is disqualified by
undue bias or partiality, the parties to any
such action. or their attorneys Of record.
may bv written stipulation to be filed and
entered on the Journal select a pro tenn,
Judge to try the same; or said action shall
be transferred to the District court Of the
county in which such action or proceeding
Is pending When the presiding Judge OF
the Court of Common Pleas, shall be sick
or absent at the commencement Of a term,
or shall become sick or shall absent him
self during the term before all the cases on
the docket for trial at that term are dis
posed Of. a pro TEN. Judge may be Sc
lected by the bar for such term or for
the residue Of such term in the same man
ner and subject to the same restrictions
governing the selections Of pro tenn.
fudge in the District courts Of the State;
hut no such selections shall be made un-
less at least eight (S) Of the attorneys
practicing In said court and residing in said
county be present and participate in the
proceeding therefor. Such selection shall
he under the direction Of the clerk of
said court and such clerk shall enter upon
the journal record Of the proceedings, in
cluding the names Of all the attorneys par
ticiDating therein, the result of the ballot
and the acceptance and qualifying Of the
nerson so selected. The judge pro tenn.
shall have the same power and authority
as the regular Judge while holding court;
and any pro tenn. judge chosen by reason
NJ the sickness or absence Of the regular
Judge. shall hold until the close Of the term
at which ne was selected. unless the regu-
lar judge before that time shall resume
the performance of his duties.
Section g. When in any action pending I'm