The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-03-09
LEGAL.
Published in The Topeka State Journal
March g. 1911

AN ACT relating to district courts IN
counties having or hereafter acquiring
a population of not less than sixty thou
sand and not more than one hundred
thousand, and providing for the APP
pointment of judges and officers thereof
Be 1t enacted by the Legislature of the
state of Kansas:
| Section /. That in all counties of this
state which now contain may here
after acquire a population of not less than
sixty thousand, nor more than one hum
dred thousand according to United States
census each division of the district court
OF such counties shall consist of two di
visions to be known as division No. l,
and division No. 2.
Sec. >. Upon the taking effect of this
act, the duly elected and presiding Judge
or the district court of each county which
comes within the provision hereof, shall
De judge OF the LIST division of the district
court for the remainder of his regular
term Of office, and the governor shall ap
point judge for the End division of the
district court hereby created, whose sal
airy shall be the same as the judge of the
first division, and who shall hold his of
flee until the next general election IN
November, 1912. and until his successor is
elected and qualified, and thereafter the
term of office and salaries of such judges
for the Judges of The district courts of
this state in counties with a population of
ed, however that no nembev of the
Legislature shall be eligible to appoint
ment to any such judgeship during the
| term for which he elected.
Sec. 3. In case of sickness or absence
or disqualification of the judge of either
division, the judge of the other division
may hold court in place of such absent
or disqualified judge, and do and perform
any acts or duties pertaining to such di-
vision
Sec. 4. All powers of appointment not
herein provided for, which are delegated
by law to the judge of the district court,
shall be exercised by the Judge of the
first division thereof provided, however
that in all cases pending, and in proceed
ings before any division or the judge
receivers; referees and other appoint
ments with reference to such cases or
proceedings, shall be made by the judge
of such division.
Sec. 8. The Judgment, DEGREES and or
ders of said courts may be enforced by
any judge thereof, providing that pro-
ceedings in indirect contempt shall be had
before the judge of the division of said
court in which the judgment decree or
order sought to be enforced, was rem
dered.
Sec. 6. Changes of venue for causes and
! upon grounds provided by law, may be
taken from one division to another Gases
NAV be assigned or transferred for hear
ing or trial from one division to another
bv order of the judges. For the purpose
| of facilitating and equalizing the business
| Of such divisions, the judges may transfer
| to the new division created. such number
of cases now pending or hereafter filed,
| as they may deem proper.
Sec. I. The judges shall as occasion re-
| quires, assign all cases for trial in the
general divisions. prescribe uniform rules
| the hearing of motions not inconsistent
with the code of civil procedure; pro-
vided, that said judges shall arrange the
criminal cases on the docket so that the
| first term after the taking effect of this
| act all criminal cases shall be tried IN
division No. /, and thereafter the said
criminal docket shall be tried by the
courts alternately.
Sec. 8. The judge of each division is
authorized to appoint for his division,
! stenographer in the manner now provided
| for districts courts, who shall have the
same qualifications as is now provided
| for by law, and shall receive a salary of
$12O0.O0 per annum. payable monthly by the
state. and $4,000 per annum, payable
monthly by the county, and such fees for
making all transcripts as are now pro-
duties as court stenographer, such
stenographer shall also perform. without
docket clerk as hereinafter provided.
Sec. g. In all counties having district
court of two divisions, herein pro-
vided, the court stenographer for each
division shall be appointed, by the judge
of such division, the deputy clerk of the
| district court, who shall, under the direc-
! ton of the clerk of the district court, per-
form the duties of the docket clerk of
oath and give such reasonable bond as
may be required by the clerk of the dis
| trict court.
Sec 10. The judge of each division of
the district court as herein provided.
shall appoint. for his division, bailif of
said court and who is hereby authorized
to perform all acts imposed by law upon
sailiffs and deputy sheriffs and when not
! attending on court. shall assist the sheriff
| in the discharge of the general duties of
/ his office and shall receive a salary of
$500 per annum payable monthly by the
| county
Sec. II. All the laws of this state rela-
tive to the selection and drawing of
| jurors in counties with a population of
| less than one hundred thousand, shall
| amply to counties where two divisions of
| the district court are hereby created; and
to each division thereof; provided. how
| ever. that the judge of each division may
| order the county clerk to draw such addf-
| tional number of jurors at the time the
regular petit Jury is drawn. as such Judge
shall deem necessary for the dispatch of
| business in his division. not exceeding
! thirty-six in number. And all jurors
drawn shall be competent to serve in
| either of such divisions of the district
court as required by the judges thereon
/ Sec u The board of county commits
sioners of each county to which this act
! may apply. shall, soon as practice Bile
| after the taking effect thereof. and the
appointment of Judges as herein provided,