and to corporations and individuals, which shall be necessary to the regular execution of the law.

1368. (1316.) May frame new writs.-7. Where there shall be occasion for any process for which no form is prescribed by law, such court shall frame a new writ in conformity with the principles thereof. 1369. (1317.) Powers.-8. Such court shall have power to make all proper judgments, sentences, decrees, orders, and injunctions, and to issue all process, and to do such other acts as may be proper to carry into effect the same, in conformity with the constitution and laws of this state.

1370. (1318.) What court has jurisdiction.-9. When the subjectmatter of any [suit in] such court shall be situate in two or more counties, the court which shall first take cognizance thereof shall retain the same.

Where a mortgage embraces lands in several counties, jurisdiction of a suit to foreclose it is in the circuit court of either county. Holmes v. Taylor, 48 Ind. 169.

The same rule applies in actions for partition. Shull v. Kennon, 12 Ind. 34; Jones v. Levi, 72 Ind. 586.

1371. (1319.) Granting commissions.-10. Such court shall also have power and authority to grant commissions for the examination of witnesses, according to the regulations of law.

1372. (1320.) Seal.-11. The circuit court of each county shall have a seal, a description of which, signed by the judge devising the same, shall be filed by the clerk, and recorded.

The seal need not be used to jurats to affidavits sworn to before the clerk and to be used in such courts. Mountjoy v. State, 78 Ind. 172.

1373. (1321.) When may use private seal.-12. In all new counties, where seals for the circuit courts thereof have not been devised, it shall be lawful for the clerks thereof to seal all papers, where the seals of such courts shall be required by law, with their own private seals; and the same shall have like force as if they had been sealed with seals devised by such courts.

1374. (1322.) Oaths-Contempts.-13. The said circuit courts, respectively, shall have full authority to administer all necessary oaths, and to punish, by fine and imprisonment, or either, all contempts of their authority and process in any matter before them, or by which the proceedings of the courts or the due course of justice is interrupted.

See sections 1017-1026.

Courts of superior jurisdiction have an inherent power to determine what is a contempt of their authority, and to punish the same, which power can not be abridged by the legislature. Little v. State, 90 Ind. 338; Holman v. State, 105 Ind. 513; Cheadle v. State, 110 Ind. 301; Hawkins v. State, 125 Ind. 570.

The prosecution of a fictitious suit is a contempt. Smith v. Railway Co., 29 Ind. 546. Direct contempts are acts committed in the presence of the court, or near thereto, and which interrupt the proceedings of the court. Whittem v. State, 36 Ind. 196; Ex parte Wright, 65 Ind. 504; Holman v. State, 105 Ind. 513.

To purposely prevent the service of a subpoena, after notice of its issue, is a contempt. Haskett v. State, 51 Ind. 176.

Refusal to obey a subpoena, after service, is a contempt. Wilson v. State, 57 Ind. 71; Baldwin v. State, 126 Ind. 24.

Inducing another to be absent so a subpoena can not be served, when the act is done before the subpœna is issued, is not a contempt. McConnell v. State, 46 Ind. 298. Refusing to surrender possession of lands in obedience to a writ of possession is a contempt. Hawkins v. State, 125 Ind. 570.

Violating orders of injunction constitute a contempt. Hawkins v. State, 126 Ind.

294.

Disrespectful conduct of an attorney may be a contempt. Redman v. State, 28 Ind.

205.

As to when publications in newspapers constitute contempts, see Worland v. State, 82 Ind. 49; Cheadle v. State, 110 Ind. 301.

An attempt to create the belief that a juror or officer of court may be bribed may be a contempt. Little v. State, 90 Ind. 338.

Refusal of the clerk of the court to pay out money in his hands is not a contempt. Swift v. State, 63 Ind. 81.

An appeal lies from the judgment in proceedings for contempt, but does not stay the execution of the punishment. Whittem v. State, 36 Ind. 196; Worland v. State, 82

Ind. 49.

In cases of direct contempt the supreme court on appeal will accept as true the statement of record of the lower court as the facts in the case. Holman v. State, 105 Ind. 513.

1375. (1323.) Rules.-14. The said courts shall adopt rules for conducting the business therein not repugnant to the laws of this state; and in everything relating to simplifying and expediting the proceedings and decisions of causes, presenting distinctly the points in issue in trials by jury, diminishing costs, and remedying imperfections that may be found to exist in the practice, the rules of such court shall be in conformity with those prescribed by the supreme court on the same subject.

Rules can not be made that conflict with the statutes of the state. 17 Ind. 33; Krutz v. Griffith, 68 Ind. 444.

Lasselle v. Wells,

Rules of court only bind parties to a suit. Clough v. Thomas, 53 Ind. 24; Railway Co. v. Hardy, 64 Ind. 454.

Rules may be adopted prescribing when applications for a change of venue shall be made. Vail v. McKernan, 21 Ind. 421; Galloway v. State, 29 Ind. 442; Thompson v. Pershing, 86 Ind. 303; Jones v. Rittenhouse, 87 Ind. 348.

If a party enters an appearance, or the cause for a change of venue arises after the time fixed for making the application, the rule does not apply. Truitt v. Truitt, 38 Ind. 16; Shoemaker v. Smith, 74 Ind. 71.

Rules may be made prescribing the time when applications for cost bonds shall be made. Railroad Co. v. Hendricks, 41 Ind. 48.

Persons can not be prohibited from becoming security on bonds by rules of court. Railway Co. v. Hardy, 64 Ind. 454.

The time of presenting special instructions, or interrogatories, may be fixed by rules. Ollam . Shaw, 27 Ind. 388.

Courts can not by rule require a demurrer to be more specific than is required by statute Pouder v. Tate, 111 Ind. 148.

It may be provided by rule that all admissions and agreements as to cases not made in open court shall be in writing. Barnes v. Smith, 34 Ind. 516.

1376. (1324.) Judges take recognizances.-15. The judges of

such circuit courts, within their respective districts, shall take all necessary recognizances to keep the peace, or to answer any criminal charge or offense in the court having jurisdiction.

This section does not apply to circuit courts, but to the judges thereof, and does not confer on such courts original jurisdiction in proceedings for surety of the peace. State v. Cooper, 90 Ind. 575.

1377. (1325.) Failure of judge to attend.-16. There shall be no discontinuance of any suit, process, matter, or proceeding whatever, returnable to or pending in any circuit court, by reason of a failure of the judge to attend on the first or any other day of the term.

1378. (1326.) Continuance of causes.-18. If a court shall not sit. in any term, all matters pending therein shall stand continued until the next term.

If the time for holding court is changed, pending matters are continued, and this applies to drainage proceedings. Bohr v. Neuenschwander, 120 Ind. 449; Clark v. State, 4 Ind. 268.

1379. (1327.) Continuance by adjournment.-19. If at the end of the term of any court, any matters pending therein are undetermined, the same shall stand continued until the next term.

All proceedings are continued by operation of law by an adjournment of court, without an order of continuance. Black v. Thompson, 107 Ind. 162; Osborn v. Sutton, 108 Ind. 443.

1380. (1328.) Elisor.-20. If at any time, whether during term me or in vacation, there shall be no sheriff or coroner to attend, or if the sheriff and coroner shall both be incapacitated from serving, such court shall have power to appoint an elisor, to serve during the pendency of the matter in which such officer may be disabled from serving.

A bailiff to a jury under the sheriff in other causes may be appointed an elisor. State, ex rel., v. Bodly, 7 Blkf. 355.

1381. (1329.) Duties of elisor.-21. Such elisor shall take the like oath and give the like bond and surety as are required of sheriffs; and shall have the same authority to perform all the duties of the sheriff which shall relate to the service for which he may be thus specially appointed; and shall be governed by the same rules and be subject to the like penalties and liabilities.

1382. (1330.) Record of proceedings.-22. It shall be the duty of the clerk of the circuit court to draw up each day's proceedings at full length in the proper order-book of said court, and the judge of said court shall cause the same to be publicly read in open court, after which they shall be signed by the judge: Provided, That the judge of said court shall, at the request of either party to any proceeding or action, sign such record as soon as the same is drawn up and read in open court, and no process shall issue on any judgment or decree of court until it shall have been so read and signed.

(As amended, Acts 1885, p. 124; Ell. Supp., section 280. In force July 18, 1885.)

See legalizing acts of Spec. Sess. 1877, p. 32; Acts 1879, p. 116; Acts 1881, p. 93; Acts 1889, p. 11; Ell. Supp., section 289.

Proceedings of court can not have any effect until they are signed. Galbraith v. Sidener, 28 Ind. 142; Kent v. Fullenlove, 38 Ind. 522.

Such proceedings may be signed at a term subsequent to the one when entered. Kent v. Fullenlove, 38 Ind. 522; Beitman v. Hopkins, 109 Ind. 177.

Proceedings of courts can not be entered and signed in vacation. Passwater v. Edwards, 44 Ind. 343; Mitchell v. St. John, 98 Ind. 598.

Proceedings are not void because signed in vacation, but perhaps can not be enforced until signed in term. Catterlin v. Frankfort, 87 Ind. 45.

If a party agrees that a record may be signed and a blank space left for the proceedings to be entered, the party will be bound by the entry. Ridgway v. Morrison, 28 Ind. 201.

Records of judgments may be entered and signed on the day they are rendered. Jones v. Carnahan, 63 Ind. 229.

Certified copies of proceedings of courts need not show that such proceedings were signed, the presumption being in favor of such signing. Adams v. Lee, 82 Ind. 587; Anderson v. Ackerman, 88 Ind. 481; State v. Hanna, 84 Ind. 183.

A special judge should sign the record of the proceedings had before him, but the signing of the same by the regular judge does not render them void. Kambieskey v. State, 26 Ind. 225.

[1881, p. 44. In force March 5, 1881.]

1383. (1331.) Signing proceedings.-1. In all cases where business of any kind has been or shall be transacted by any circuit or superior judge and put of record, and the judge, from death, resignation, or any other cause, has left or may leave the record of such proceeding or proceedings unsigned, the successor of such judge shall have the same power and authority to sign such record, at any subsequent term of the court, as if such record has been made by such judge.

See legalizing act of 1889, Acts 1889, p. 11, Elliott Supp., section 289

[1881, p. 240. In force September 19, 1881.]

1384. (1332.) Reason for adjournment.-855. If any judge of the circuit court shall adjourn the court before having gone through the business pending, and before the expiration of the time fixed by law, the record must show the reason for adjournment.

But no advantage can be had if the record does not show the reason of the adjournment. Harper v. State, 42 Ind. 405.

This section is not in conflict with section 1 of the act of 1877, Acts Reg. Sess., 1877, p. 28. Post, section 1443. Washer v. Allensville Co., 81 Ind. 78

[1855, p. 70. In force February 12, 1855.]

1385. (1333.) Adjourned terms.-1. If at the close of any term of the circuit court of any county, or when it shall become necessary or proper for said court to adjourn from any cause, the business pending therein shall not be finished, it shall be lawful for such court to adjourn until some other certain time, to be specified in the adjourning order, of which public notice shall be given in some manner, to be specified by said court; and at such time, such court shall meet and continue in

session so long as the business shall require; and such adjourned session shall be deemed a part of the regular term of such court.

This section was repealed by section 1 of act of 1877. Acts Reg. Sess. 1887, p. 28. Post, section 1443. Washer v. Allensville Co., 81 Ind. 78.

The reason for appointing an adjourned term need not appear of record, nor can its sufficiency be questioned on appeal (Casily v. State, 32 Ind. 62), in which it disapproves (Morgan v. State, 12 Ind. 448; Slaughter v. Gregory, 16 Ind. 250); accord also in Cass v. Krimbill, 39 Ind. 357; Wood v. Franklin, 97 Ind. 117.

The continuation of a trial in progress at the end of a term of court is not an adjourned term of the court. Wayne Co. v. Hammons, 129 Ind. 368.

[1873, p. 87. In force March 6, 1873.]

1386. (1334.) Special terms.-78. If at the close of the terms preceding the summer vacations of said courts, the business of any county in any of said circuits shall not be completed, it shall be the duty of the judge of such circuit to hold such special terms, during such vacation, as shall keep the business of said court fully disposed of.

1387. (1335.) Transfer of common pleas jurisdiction.-79. Such circuit courts, in addition to the jurisdiction heretofore exercised by them, shall also have the same jurisdiction that has heretofore been exercised by the courts of common pleas; and all laws and parts of laws concerning said courts of common pleas shall be hereafter construed to mean and apply to said circuit courts, so far as the same may be applicable, and the offices of common pleas judge and district attorney are hereby abolished.

This section confers upon circuit courts all probate jurisdiction. Heaton v. Knowlton, 65 Ind. 255; Hillenberg v. Bennett, 88 Ind. 540; Williams v. Perrin, 73 Ind. 57. This section transfers to judges of the circuit courts the power formerly possessed by judges of the common pleas courts, relative to the release of sureties from official bonds, requiring new bonds, etc. Hollingsworth v. State, 111 Ind. 289.

1388. (1336.) Transfer of common pleas proceedings.-80. All matters and business pending in the courts of common pleas on taking effect of this act shall be transferred to and be disposed of by the circuit courts of the proper counties; and all writs, subpoenas, publications, rules, bonds, recognizances, executions, orders of sale, and process of whatever kind in said courts of common pleas shall be returnable to the first term of said several circuit courts after the taking effect of this act, the same as if they had issued out of the said circuit courts: Provided, That the judges of the common pleas courts having causes that have been tried by them under advisement shall render decisions and complete the record therein at the first terms of the circuit courts, held in pursuance of this act, to which such causes have been transferred.

Where courts of common pleas were in session at the time the same were abolished they were authorized to continue in session until the close of the term. Reed v. Higgins, 86 Ind. 143.

1389. (1337.) Appeals.-85. In all cases where appeals are now