The Advocate and news., 1899-01-04


Sec 10. Said court shall have power TO
prescribe and establish rules for its gov
ernment, and for the regulation Of practice
therein, and may appoint masters, referees,
or receivers In causes or proceedings be-
fore II. may prescribe and issue mesne
and final process, and may, generally, ex-
ercise such powers as may be necessary to
carry into efIect the powers conferred upon
t. 1t shall have power to prescribe from
time TO time, In any manner not incon-
sistent with any law Of this State, the
modes Of framing and filing proceedings
and pleadings, OF proceeding TO obtain
relief, OF drawing up, entering and pro-
mitigating orders and DEGREES, OF proceed
lngs before masters or referees, and gem
orally to regulate the practice TO be used
In said court, where special provision Is
not made or special procedure prescribed BY
this act.
Sec II. Il shall be the duty OF every sher-
lf TO whom any process or order OF said
court shall be directed or delivered to
serve and execute the same without delay
and make due and speedy return thereof,
and said court shall have the same power
over and as to officers required to serve
its processes or orders as District courts
have over and as to sheriffs.
Sec r. The said court may, on special
occasions when necessity shall require, ap-
point O marshal, who shall have power to
duties as may be required OF him by the
court or enjOlned by law. He shall take
the usual oath Of office and give bond as
may be required by the court. His compen-
sation shall be such as the court may
prescribe or allow. The court may also ap-
point q baillR, who shall receive two dollars
per day for the time actually served. Com.
pensatiOn OF the marshal and bailim shall
be certified to the State Auditor by the
court, who shall draw a warrant on the
State Treasurer for the amount.
Sec. 13. The pleadlngs In said court shall
be complaint In the. name Of the State as
plaintiff, to be styled an information, set
ting forth concisely the cause Of complaint
relief; the answer, confessing or denying
the allegations of the information or con-
Tossing some and denying Others and set
ting forth any new matter the defendant
may deem itself entitled to have cOnsld.
cred; and the reply, confessing or denying
such new matter. No other pleadlngs shall
be required, nor shall technical rules Of
pleading be applied; but any pleadlngs
be so amended at any time as to bring the
matters in controversy fairly before the
court for hearing and consideration.
Sec. IA. Whenever O. complaint on oath
shall be presented to the State Solicitor,
charging that any railroad company de-
mands or collects unreasonable charges,
discriminates for or against any shipper,
violates any provision Of law, or fails or
refuses to perform any duty, or stating
q valid ground OF complaint for any other
cause over which the court has jurisdlc-
ton, 1t shall be the duty OF said solicitor to
forthwith flle an information In the name
OF the State charging the matters set forth
In the complaint.
Sec. Is. Proceedings in said court shall
be instituted by the filing Of an informa'
ton In the name OF the State. Upon the
hling OF the information, the clerk shall
at once Issue q citation to the defendant
and deliver or mail II to the sherin Of the
county where it is to be served. The ci-
tation shall be accompanied by a certified
copy OF the information. The sheriff re-
ceiving such citation and copy shall with
out delay serve the same, In the same
manner as summons in q civil action In
the District court Is served, and shall make
due return or service thereon, taxing
thereon his lawful fees as for serving q
summons; which return shall be made by
delivering or mailing to the clerk. The
citation shall require the defendant to an
SWer the Information within twenty days
from the date Of service. Reply, IL any,
shall be filed within twenty-five days from
the day OF service as shown by the re-
turn. AT the expiration Of twenty-five days
from the date OF service OF the citation,
as shown by the return, the clerk shall,
whether an answer has been filed or not,
enter the case on the trial docket for the
tlrst Monday OF the next succeeding month,
and II shall be thereafter subject to cali
for trial or disposition In its order on the
docket; but, because OF its superior public
Importance, or other sufficient reason, the
and determination out Of its order on the
trial docket.
Sec. l6. n the State Solicitor shall. in
any case where complaint has been lodged
with him, refuse to file an information, oF
unreasonably delay the fling thereof or
shall refuse or neglect to prosecute an in.
formation, or unduly delay the proceedings,
the court may, upon motion Of the COM
plainant and showing Of the facts, order
said State Solicitor to file such information
or to proceed with the case; and if, in
the opinion Of the court, he does not act
in good faith or with reasonable diligence
In obeying such order, the court may apa
point special State Solicitor to take
charge OF the case; and IL It does so, the
State Auditor shall, upon the certificate OF
the chief judge showing the number OF
days served by such special Solicitor and
the presentation OF a copy OF the order
appointing him, retain from the salary Of
the State Solicitor, for the month or months
during which said special Solicitor shall
have served, the amount to which the State
Solicitor would be entitled for such number
OF days, audit his salary for the balance
only, and draw warrant for said special
Solicitor for the amount due him for the
time 30 certified.
Sec. ~. After service and return OF the
citation. information ran hA HiarNtaUnd