Who shall be Clerk and Sheriff, and fees.

Duties of Clerk and Sheriff.

Court to hold sessions where.

Terms to begin when.

Judge to adjourn court.

Term to be extended.

Clerk to adjourn court.

Jurisdiction of court.

seal, together with an impression of the same, shall be spread upon the order book of said Court: Provided, That until such seal is procured the Clerk may seal with his private seal in scroll, all process which by law is required to be sealed.

SEC. 3. The Clerk of the Circuit Court, and the Sheriff of the county, shall be respectively the Clerk and Sheriff of said Court, and for their services they shall each be entitled to such fees as are, or may be, allowed by law in the Circuit Court for such services.

SEC. 4. The Clerk and Sheriff shall attend said Court, and discharge all the duties pertaining to their respective offices as they are now, or may be required to do, by law in the Circuit Court, and all law now in force, or which may be enacted prescribing the duties and liabilities of such officers and the mode of proceeding against them, or either of them, for neglect of official duty, allowing fees and providing for the collection thereof, in the Circuit Court, shall be held and deemed to extend to said Superior Court, so far as they apply.

SEC. 5. The said Court shall hold its sessions at the Court House of the county, or at such other convenient place at the county seat, as the Board of County Commissioners or Judge of said court may provide.

SEC. 6. The terms of said court shall commence on the first Monday in September, the first Monday in December, and the first Monday in March, and the first 'Monday of June in each year, and shall continue in session so long as the business thereof shall require.

SEC. 7. The judge of said court may adjourn the same at any day previous to the expiration of the term for which it may be held, and also from any day in the term over to any other day in the same term, if, in his opinion, the business of the court will permit thereof.

SEC. 8. Whenever a trial is begun and is in progress at the time when, by law, the term of such court would expire, the term shall be extended until the close of the trial.

SEC. 9. In case such court shall not be formed at any time, or any term shall be interrupted by reason of the non-attendance of the judge thereof, it shall be lawful for the clerk of said court to adjourn the same from day to day, or until the next term, and all process and other proceedings shall be continued over accordingly.

SEC. 10. Said Court, within and for said county, shall have original and concurrent jurisdiction with the Circuit Court in all civil cases, and jurisdiction concurrent with

the Circuit Court in all cases of appeal from Justices of the Peace, Boards of County Commissioners, and Mayors or city courts in civil cases, and all other appellate jurisdiction in civil causes now vested in, or which may hereafter be vested by law in the Circuit Courts; and said Court shall also have concurrent jurisdiction in all actions by or against executors, guardians, or administrators: Provided, however, That said Superior Court hereby constituted, shall not have jurisdiction in matters of probate or the settlement of decedents estates, but the same shall be and remain within the jurisdiction of the Circuit Court as now provided by law.

court.

SEC. 11. The process of said Court shall have the seal Process of affixed and be attested, directed, served and returned, and be in form as is, or may be, provided for process issuing from the Circuit Court.

court of record.

SEC. 12. Said Court shall be a Court of record, and of Court to be a general jurisdiction at law and equity, and its judgments, decrees, orders and proceedings, shall have the same force and effect as those of the Circuit Court, and shall be enforced in the same manner.

what in vaca

process to tion.

SEC. 13. The said Court, or the Judge thereof, in vaca- Judge may do tion, shall have power to issue and direct all courts of inferior jurisdiction and to corporations and individuals, which shall be necessary in exercising the jurisdiction hereby conferred, and for the regular execution of the law, and to make all proper judgments, sentences, decrees, orders and injunctions, and to issue all process and executions, and to do all such other acts as may be necessary to carry into effect the same in conformity to the laws of this State.

grant restrain

whom, in term

tion.

SEC. 14. The Judge of said Court shall have the same Judge may power in term time, or in vacation, to grant restraining ing orders, etc., orders, injunctions and writs of ne exeat, to issue writs of and appoint habeas corpus and of mandate and prohibition, to appoint time or vacareceivers, master commissioners and commissioners to convey real property, and to grant commissions for the examination of witnesses, and to appoint other officers necessary to facilitate and transact the business of said Court, as is now or may hereafter be conferred on Circuit Courts or the judge thereof.

SEC. 15. The Judge of said Court shall have full power Judge to make and authority to make and adopt rules and regulations for and adopt rules. conducting the business of the Court, not repugnant to the

laws of this State, and shall have all the power incident to a court of record in relation to the attendance of witnesses, Attendance, the punishment of contempts and enforcing its orders; and tempts; enforc

witness; con

ing orders.

If Judge interested in matter pending.

Change of venue. Circuit or Superior Judge to preside.

Clerk to provide books and dockets.

Docket fees, how applied.

Petit jury.

the Judge of said Court shall have full authority to administer oaths, take and certify acknowledgments of deeds, and to give all necessary certificates for the authentication of the records and proceedings in said Court.

SEC. 16. If the Judge of said Court shall be interested, or in the progress of the cause shall become interested in the event of any action or matter pending in said Court, the same shall be removed for hearing and determination to the Circuit Court of said county.

SEC. 17. Whenever an affidavit for a change of venue is filed in said Court, for any of the causes embraced in the first, second, sixth or seventh, specifications of the 207th section of the act commonly known as "The Practice Act" some Judge of a Circuit or Superior Court shall be called to hear and determine the same as provided by law for changes of venue in causes pending in the Circuit Court, and if the causes alleged in the affidavit are embraced in the third, fourth, or fifth specifications of said section 207, then the change shall be granted, and the cause directed to the Circuit Court of some other county as provided in cases of changes of venue from the Circuit Court, and the Court to which the case is sent shall have jurisdiction to hear and determine the cause and render judgment therein.

SEC. 18. The Clerk under the direction of the Judge, shall provide for said Court order books, judgment dockets, execution dockets, fee books and such other books as may be necessary, and all the books, papers and proceedings of said Court shall be kept distinct and separate from those of other Courts.

SEC. 19. The same docket fees shall be taxed in the said court as are now or may be provided by law to be taxed in the Circuit Court, and the said fees, when collected, shall be paid by the Clerk or Sheriff to the Treasurer of the county, to be applied in reimbursing the county for expenses of said Court.

SEC. 20. On the third Monday before the commencement of any term of said court, the Clerk, Treasurer, Auditor and Recorder of such county, or a majority of them, shall proceed to select a petit jury, in manner as is now provided by law, to serve at the next ensuing term of said court, and said officers, in selecting, and the Clerk, in issuing process for said jury, and the Sheriff, in serving the same, shall in all things be governed by the rules and regulations prescribed for the selection of petit jurors in the Circuit Court: Provided, That said court may order on what day of the term said jurors shall be summoned to attend said Court. The Judge of said Court may order the

selecting and summoning of other jurors for said Court, whenever the same may be necessary.

and witnesses.

SEC. 21. Jurors and witnesses in attendance upon such Fees of jurors Court, shall receive the same fees now provided by law for jurors and witnesses in the Circuit Court.

SEC. 22. In all cases where, under existing or future Appeals in laws of this State, a person has the right of appeal from vacation. the Circuit Court, or the Judge thereof in vacation, to the Supreme Court, an appeal may be had from said Superior Court, or the Judge thereof in vacation.

SEC. 23. The Judge of said Court shall receive the Salary of Judge. same salary as is now provided by law to be paid to a Judge of a Superior Court, which salary shall be paid at the same time and in the same manner as judges of Superior Courts are now paid.

appoint Judge.

SEC. 24. It is hereby declared that on the taking effect Governor to of this act there is a vacancy in the office of Judge of said Superior Court, and the Governor shall fill said vacancy by appointment, and the person so appointed shall hold his office until such time as an election is provided for in this act, and until his successor is elected and qualified.

abolished.

SEC. 25. That the Criminal Court of said county be and Criminal Court the same is hereby abolished, to take effect on the third Monday in November, 1882, and all laws and parts of laws creating the same are hereby repealed, to take effect at said date.

Criminal Court

SEC. 26. That all indictments, pleas or business of Business of whatsoever kind which shall be pending in said Criminal transferred to Court on said Monday in November, 1882, shall then be Circuit Court. transferred to and be tried and disposed of by the Circuit Court of said county, and all process, rules or recognizances returnable to said Criminal Court shall be returnable then to said Circuit Court.

SEC. 27. Whereas, an emergency exists for the imme- Emergency. diate taking effect of this act, it shall therefore take effect and be in force from and after its passage.

Act repealed.

Business transferred to Circuit Court.

Clerk of Circuit

Court to take

certify copies of records.

CHAPTER XX.

AN ACT to repeal an act entitled "An act to establish a Superior Court in the county of Cass, defining its jurisdiction, and providing for the election and compensation of the judge thereof, and other matters connected therewith, and declaring an emergency," approved March 3rd, 1877, providing for the transfer of all business, books, and papers of such Superior Court.

[APPROVED APRIL 2, 1881.]

SECTION 1. Be it enacted by the General Assembly of the State of Indiana, That an act entitled "An act to establish a Superior Court in the county of Cass, defining its jurisdiction and providing for the election and compensation of the Judge thereof, and other matters connected therewith, and declaring an emergency" approved March 3d, 1877, is hereby repealed.

SEC. 2. All business pending in and returnable to said Court at the date of the taking effect of this act shall be, and is, transferred to and docketed in the Circuit Court of Cass County, and all process shall be returnable to, and business be transacted therein, as if the business in said Superior Court had been originally commenced and was pending in said Circuit Court, as the same may be pending in said Superior Court.

SEC. 3. From and after the transfer of the business charge of books, pending in the Superior Court of Cass county, to the Cass papers, etc., and Circuit Court, the Clerk of the latter Court shall take charge of all the books, papers and other articles, and property belonging to such Superior Court, and such Clerk is hereby authorized and empowered to certify copies of such records and proceedings, as he is now authorized to certify to copies of the proceedings of such Circuit Court.

Laws repealed.

Emergency.

SEC. 4. All laws in conflict with this act are hereby repealed.

SEC. 5. It is hereby declared that an emergency exists for the immediate taking effect of this act, the same shall therefore be in force from and after its passage.