at any time, or any term thereof shall be interrupted by reason of the nonattendance of two of the Judges 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. 1351. Jurisdiction. 10. Said Court, within and for the county or counties in which it may be organized, shall have original concurrent jurisdiction with the Circuit Court in all civil causes except slander, and except such causes of which the Court of Common Pleas now [February 15, 1871] has original exclusive jurisdiction; 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; and all other appellate jurisdiction now vested in or which may hereafter be vested, by law, in Circuit Courts; and said Court shall also have concurrent jurisdic tion in all actions by or against executors and administrators. I. It was held before the enactment of 1873, p. 106, that what is there declared as to costs was the law by implication (Hedrick v. Kramer, 43 Ind. 362); hence, that Act is omitted as useless. 1352. Process. 11. The process of said Court shall have the seal affixed, and be tested, directed, served, and returned, and be in form, as is or may be provided for process issuing from the Circuit Court. 1353. Court of record. 12. Said Court shall be a Court of record and of general jurisdiction; 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. 1354. Rules-Presiding Judge-Powers. 17. The Judges of said Court shall have fuli power and authority to make and adopt rules and regulations for conducting the business of the Court, not repugnant to the laws of this State, and to designate one of their number to act as presiding Judge; and shall have all the power incident to a Court of record, in relation to the attendance of witnesses, the punishment of contempts, and enforcing its orders. And the Judges of said Court shall each have full authority to administer oaths, take and certify acknowledgments of deeds, and give all necessary certificates for the authentication of the records and proceedings in said Court. 1355. Record-books. 20. The Clerk shall, under the direction of the Judges, provide for said Court order-books, judgment-dockets, execution-dockets, feebooks, 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. [1899 S., p. 115. Approved Feb. 24, 1899.] 1355a. Court bailiffs,- Appointment. 1. That in all counties in which, under the laws of this State, Criminal or Superior Courts are organized the judge of each of the courts of such county, including the Circuit Court, may appoint a bailiff. The compensation of such bailiffs shall be fixed by the court, but shall not exceed the sum of seventy-five dollars for each calendar month, to be paid by the county. [1881 S., p. 240. In force September 19, 1881.]. 1356. General and special terms. 395. When any Superior Court consists of more than one Judge, there shall be held general and special terms thereof. A general term of such Court may be held by a majority of the Judges, and a special term by any one or more of them; and general and special terms, or one or more of them, may be held at the same time, as the Judges of the Court may direct; and whenever such term or terms are held, they shall be taken and deemed to have been held by the authority and direction of the Judges. 1357. Process-Authority - Terms. 396. The said Court, at general or special term, shall have power to issue and direct all process to Courts of inferior jurisdiction, and to corporations and individuals, which shall be necessary in exercising its jurisdiction, 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 such other acts as may be necessary to carry into effect the same, in conformity with the Constitution and laws of the State. The Court shall, at such times as the business of the Court may require, meet in general term; and may, at any time, make such distribution and re-distribution of the business of the Court to special term, as it may deem proper. Each Judge holding Court at special term shall transact the business assigned him; but he may, in his discretion, call one or more of the Judges of said Court to sit with him in such special term, for the consideration of any matter pending before him. Said Court, at special term, shall have full power to hear and dispose of all business distributed to it by the general term; and it shall, at either special or general term, have the same power to vacate or modify its own judgments or orders, rendered at either special or general term, and to enter judgments by confession, as is or may be vested, by law, in Circuit Courts. 1358. May grant restraining orders, etc. 397. The Judges of said Court, or either of them, shall have the same power, in term or in vacation, to grant restraining orders, injunctions, and writs of ne exeat; to issue writs of habeas corpus, and of mandate and prohibition; to appoint Receivers, 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 Judges of Circuit Courts. 1359. Change of venue. 398. When any reason for a change of venue is shown to exist from any of the Judges, as in other cases, the remaining Judge or Judges alone shall act; but when all are incompetent to act, the case shall be transferred to the Circuit Court of the county. 1360. Appeal from special to general term. 399. In all cases where under existing or future laws of this State in like circumstances a person has the right of appeal from the Circuit to the Supreme or Appellate Court, an appeal may be taken direct to the Supreme or Appellate Court from any order or judgment of either a speceal or general term of the Superior Court, and such appeals shall be governed in all things by the law regulating appeals from the Circuit Court to the Supreme or Appellate Court. Appeals from the special to the general term are hereby abolished. In all cases where appeals are now pending [in] the general term of any Superior Court in this State any party shall have the right to perfect an appeal from the order or judgment of the special term to the Supreme or Appellate Court at any time within ninety (90) days after the passage of this act: Provided however, That this provision shall not be so construed as to reduce the time in which an appeal may be taken to less than one year from the date of the order or judgment appealed from. [As amended, 1895 S., p. 257. Approved March 11, 1895. 1. The appeal to general term, as to assignment of errors, is governed by the rules concerning appeals from the Circuit to the Supreme Court.-Bartholomew v. Preston, 46 Ind. 286. 2. The Court, on appeal to general term, can not require a Judge at special term to do what he might not do without the requirement.-Deford v. Urbain, 48 Ind. :219. 3. If, after the submission of an appeal in general term, one of several appellants die, the case may be decided there; but an appeal therefrom to the Supreme Court, in his name and that of his co-parties, would be a nullity, though the executor can come into the Supreme Court and be made a party, thus saving the appeal. -Branham v. Johnson, 62 Ind. 250. 4. On appeal to the Supreme Court, no question can be raised not presented by the assignment of errors at general term.-Wesley v. Milford, 41 Ind. 413; Indianapolis, etc., Co. v. R. R. Co., 45 id. 281; Johnson v. Kohl, 55 id. 454. Contra, as to the sufficiency of facts in the complaint, see McLaughlin v. Child, 62 Ind. 412. 5. Appeal will not lie to the Supreme Court from a judgment of Superior Court at special term; but, only, from the judgment of that court in general term.Leary v. Smith, 81-91; Wilson v. Vance, 55-584. Except where some of the judges of the general term are shown to be incompetent. Then, only, when an appeal is perfected within one year from the rendition of the judgment.-M'Neeley v. Holliday, 105-325; see Beineke v. Wurgler, 77-468; Leary v. Smith, 81–90. 6. On an appeal from Marion Superior Court error can not be assigned on rulings at special term.-Goodwin v. State, 96–572. 7. The only proper assignment of error, on appeal to the Supreme Court, is that the Superior Court in general term erred in affirming or reversing (as the case may be) the judgment of the Court at special term.-Patterson v. Scott Am. M. Co., 107-500; M'Neely v. Holliday, 105-324; Hadley v. Milligan, 100-49; Leary v. Smith, 81-91; Beineke v. Wurgler, 77-473; Coffin a. Campbell, 68-452; Alexander v. N. W. Chr. Univ., 57-466; Munson v. Lock, 48-116; Cline v. Love, 47-258; Van Dusen v. Kindleburger, 44-282; Wesley v. Milford, 41-413. 8. Where a Superior Court, in general term, reverses a judgment at special term an appeal, from the judgment of reversal to the Supreme Court, will present no question where the transcript is so made up that it does not show the errors found by the general term nor the directions given to the special term.-M'Whinney v. Briggs, 85-537, following Gutperle v. Koehler, 84-237. Sections 1361 and 1362, Revised Statutes of 1881, relating to appeals, were repealed by 1895 S., p. 257. In force July 1, 1895. [1871, p. 48. In force February 15, 1871.] 1363. Docket-fees. 21. 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 to the Treasurer of the county, to be applied in reimbursing the county for expenses of said Court. [1875, p. 54. In force March 9, 1875.] 1364. Judge pro tempore. 1. If, from any cause, either of the Judges of a Superior Court shall be unable to attend and preside at any term of said Court, or during any part of a term, such Judge may appoint, in writing, any attorney eligible to the office of such Judge under the law of appointment by Circuit Judges, or any other Judge of a Court of record of this State, to preside at such term or part of term. In the absence or failure of such Judge to make such appointment, the other Judges of said Court may make such appointment. Such written appointment shall be entered of record in said Court; and if the appointee is not a Judge of a Court of record, he must be sworn; and such appointee shall have the same power and authority during the continuance of his appointment as a regularly elected Judge of said Court, and shall receive the same compensation now allowed by law to persons appointed in cases of sickness of a Judge of a Circuit Court. 1365. Supreme Court Reports. 2. For each county where a Superior Court is organized, four additional copies of the reports of decisions of the Supreme Court hereafter published shall be supplied to the Secretary of State, to be distributed to such county in the manner now provided by law for copies for the use of other Courts. [1881 S., p. 111. In force September 19, 1881.] 1366. Organization-Seal. 1. There shall be organized, in such counties as may be designated by law, a Court, to be called the Criminal Court of county (according to the name of the county). Such Court shall be a Court of record, and have a seal and device, as the Judge thereof may choose, and the name of the county on the face thereof; and a description and impression thereof shall be spread on the order book of the Court. 1367. Officers. 2. Said Court shall consist of one Judge, to be elected by the legal voters of the county or district for the term of four years, and until his successor shall be elected and qualified; which election shall be had at the next general election after the creation of such Court and every four years thereafter. The Clerk of the Circuit Court and the Sheriff of the county shall be Clerk and Sheriff of such Criminal Court, and the Prosecuting Attorney of the circuit shall, by himself or his deputy, prosecute the pleas of the State in said Court. Said Judge shall be commissioned by the Governor in the same manner as Judges of the Circuit Courts; and all vacancies occurring in the office of Judge of such Criminal Court shall be filled, by appointment by the Governor, in the same manner as vacancies in the office of Judge of the Circuit Court. 1368. Where held. 3. Said Criminal Court shall be held in the court house of the county, or at such other place at the county seat as the Board of Commissioners of the county may provide. Said Court shall, in all things not otherwise provided by law, be governed by the law concerning Circuit Courts. 1369. Jurisdiction. 4. Such Criminal Court shall have original exclusive jurisdiction, within the county, of all crimes and misdemeanors, except where jurisdiction is by law conferred on Justices of the Peace; and such appellate jurisdiction in criminal cases as may, by law, belong to the Circuit Court in the counties having no Criminal Court. 1370. Criminal causes to be transferred. 5. Upon the organization of a Criminal Court in any county, all criminal causes pending in the Circuit Court of such county shall be transferred to such Criminal Court. And all warrants, subpoenas, rules, orders of Court, and other process which may have issued from the Circuit Court of such county, in criminal causes, shall be returnable to the Criminal Court upon the first day of the first term thereof to be holden; and said Criminal Court shall have jurisdiction thereof, and proceed therein; and all proceedings in criminal causes in said Court shall be conducted as proceedings are or may be required, by law, to be conducted in the Circuit Court in counties having no Criminal Court. 1371. When Judge may hold other Courts. 6. Any Judge of a Criminal Court shall be competent to act as Judge of any Circuit or Superior Court upon the trial of any cause or proceeding, whether civil or criminal, when the Judge of said Circuit or Superior Court may be incompetent to try the cause; or a change of venue may be granted for objection to the judge thereof. [1883 S., p. 6. In force January 18, 1883.] 1371a. Judge pro tem. 1. If, from any cause, any Judge of a Criminal Court shall be unable to attend and preside at any term of said Court, or during any part of a term, such Judge may appoint, in writing, any attorney eligible to the office of such Judge, or any other Judge of a Court of record of this State, to preside at such term, or part of a term. Such written appointment shall be entered of record in said Court, and if the appointee is not a Judge of a Court of record he shall take the same oath required by law of Judges of the Criminal Court, and such appointee shall have the same power and authority during the continuance of his appointment as a regularly elected Judge of said court. 1371b. Compensation of Judge pro tem. 2. Whenever any person shall be appointed Judge pro tem, under the provisions of this Act he shall be entitled to five dollars for each day he may serve as such Judge, to be paid out of the county treasury, where such Criminal Court is held, upon the warrant of the County Auditor, based upon an allowance made therefor by the Board of County Commissioners. Any amount allowed to any Judge pro tem. duting any year, shall be deducted by the Board of County Commissioners from the regular annual salary of the Judge of such Criminal Court, making the appointment, except where such Judge pro tem, shall be appointed on account of change of venue, relationship, interest as former counsel, or absence of Judge in case of serious sickness of himself or family. ' [1881 S., p. 111. In force September 19, 1981.] 1372. Marion, Allen, and Vigo Courts-Terms. 7. Criminal Courts are hereby established in each of the counties of Marion, Allen, and Vigo. Said Court in the county of Marion shall commence its terms on the first Mondays of January and July of each year; and in the counties of Allen and Vigo, on the first Mondays of April and October. In the said counties of Marion, Allen, and Vigo, respectively, the terms of said Court shall continue six months, if the business shall require it, and during such terms such Courts, respectively, shall, at all times, be open for criminal trials and proceedings. 1373. Name changed. 8. The Criminal Circuit Courts of the several counties named in the last preceding section shall become Criminal Courts under this Act; and the Judges and Prosecuting Attorneys thereof, respectively, shall be the Judges and Prosecuting Attorneys of the Courts hereby created in said counties, respectively, until the expiration of their respective terms of office; and the Criminal Courts hereby created shall proceed with the business of the said Criminal Circuit Courts of said counties, respectively, in the same manner as if no change had been made: Provided, however, That the said Criminal Court in Vigo county shall cease to exist after the third Monday in November, 1882. SEC. ARTICLE 5-INCIDENTAL MATTERS. SEC. 1375. Salary of Circuit and Superior Judges. 1394. Jury fee-Pay of jurors. of three 1375d. Judges salary-Certain counties. counties. 1375c. Paid by county. 1895. Juror who has served within 1396a. Talesmen-Certain counties. 1398. Oath. 1399. May sell lands. 1400. Powers. 1401. Subpoenas and process. 1402. Fees and allowances. 1403. Further powers and duties. 1385. Jury Commissioners-Oath-Instruc- 1408b. Transcript filled with clerk. tions. 1408c. Compensation. 1408e. Poor person-Transcript. T one 1409. Extending time-Bill of exceptions. 1410. Duty clerk Supreme Court. 1411. Additional bill of exceptions. 1412. Money, how drawn from treasury. 1413. Warrant for sums fixed by law or public record. |