ful 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. 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. 1. An appeal lies from the judgment affixing punishment for contempt, but the appeal does not stop the execution of the judgment. If punishment be adjudged, it must be for a definite time or until the performance of a condition.—Whittem v. State, 36 Ind. 196; Wagner v. State, 68 id. 42. 2. Willfully avoiding service of subpoena by a witness is a contempt (Wilson v. State, 57 Ind. 71): inducing a witness to absent himself, before subpoena has issued, is not (McConnell v. State, 46 Ind. 298); but if the subpoena has issued, it is (Haskett 7. State, 51 Ind. 176): causing a plaintiff, by threats or abduction, to leave Court is (Whittem v. State, 36 Ind. 196): also instituting a fictitious suit (Smith v. R. W. Co., 29 Ind. 546). The failure of the Clerk to pay money properly in his hands is not.-Swift v. State, 63 Ind. 81. 3. As to the proper practice and proceedings in cases of contempt, see Whittem v. State, 36 Ind. 196; State v. Earl, 41 id. 464, Burke v. State, 47 id. 528; McConnell v. State, 46 id. 298: Haskett v. State, 51 id. 176; Wilson v. State, 57 id. 71; State v. Newton, 62 id. 517; Privett v. Pressly, id. 491; Wright, ex parte, 65 id. 504; Beck v. State, 72 id. 250. 1323. Rules. 14. The said Courts shall adopt rules for conducting the business therein not repugnant to the laws of this State; and in every thing 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 Courts shall be in conformity with those prescribed by the Supreme Court on the same subject. 1. A rule which prohibits an application to change the venue, unless made before the day set for trial, is valid only as to parties who have entered appearance before that day or been served with process requiring earlier appearance.- Truitt v. Truitt, 38 Ind. 16; Jeff, etc., R. R. Co. v. Avery, 31 id. 277; Galloway v. State, 29 id. 442; Redman v. State, 28 id. 205; Vail v. McKernan, 21 id. 421. A rule requiring instruc tions and interrogatories to be submitted before the trial begins is void.- Laselle v. Wells, 17 Ind. 33; Ollam v. Shaw, 27 id. 388. So, a rule requiring an affidavit for change of venue from the Judge.-Krutz v. Griffith, 68 Ind. 444. But a rule prohibiting attorneys from becoming surety for costs is valid, though an undertaking made in violation will bind.-Ohio, etc., R. R. Co. v. Hardy, 64 Ind. 454. So, a rule that agreements and admissions about proceedings in a cause will not be enforced unless in writing. Barnes v. Smith, 34 Ind. 516. 2. Rules must be reasonable. One requiring an application for surety for costs by a non-resident plaintiff to be made before answer would be void as to cases where the fact is not known, or does not occur, until after answer.-Jeff., etc., R. R. Co. v. Hendricks, 41 Ind. 48. 3. Rules operate only on parties before the Court; hence, a rule forbidding appli cations to become party after a certain day in term is inoperative.-Clough v. Thomas, 53 Ind. 24. 1324. Judges take recognizances. 15. The Judges of such Circuit Courts, within their respective districts, shall take all necessary recogniz ances to keep the peace, or to answer any criminal charge or offense in the Court having jurisdiction. 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. 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. 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. 1328. Elisor. 20. If at any time, whether during term time 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. 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. 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 by Act approved April 2, 1885. S., p. 124. [1895 S., p. 232. Approved March 11, 1895.] 1330a. Legalizing records not signed. I. That all the records of the Circuit Courts and of the Superior Courts of the various counties of this State heretofore duly entered in the order books of the Clerks of said courts and not signed by the Judge trying the case whether a regular or special Judge, as to such irregularity, be and the same are hereby legalized and declared valid, as fully and to the same extent as if the same had been duly signed by the Judge, and all sales of real estate heretofore made upon execution or decrees issued before the signing of the records by the Judge, as to said irregularity of not having been signed, are hereby legalized and declared valid: Provided, That this act shall not apply to or affect any pending litigation. [1881, p. 44. In force March 5, 1881.] 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 had been made by such Judge. [1881, p. 240. In force September 19, 1881.] 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. (793.) 1. But no advantage can be had if the record does not show the reason of the adjournment. Harper v. State, 42 Ind. 405. [1855, p. 70. In force February 12, 1855.] 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. 1. 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 id. 250); accord also in Cass v. Krimbill, 39 Ind. 357. 2. If a proper order for an adjourned term be in fact made, but not entered, and the notice directed be given, the Court may, at the adjourned term, make the entry nunc pro tunc.- Green v. White, 18 Ind. 317. [1873, p. 87. In force March 6, 1873.] 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. 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 ali 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. 1336. Transfer of Common Pleas proceedings. 8o. 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. 1337. Appeals. 85. In all cases where appeals are now authorized by law to be taken exclusively to the Courts of Common Pleas, the same shall hereafter be taken to the Circuit Courts. 1338. Certifying records of Common Pleas. 87. The several Judges and Clerks of the Circuit Courts to which the records and business of the Common Pleas Courts shall be transferred by this Act, shall have power to certify all transcripts and records necessary to be authenticated from the records and files of the said Courts of Common Pleas [1871, p. 54. In force February 15, 1871.] - 1339. Judge incapacitated — Judge pro tempore. 1. Whenever the Judge of any Circuit Court in the State of Indiana shall, from sickness, mental incapacity, or otherwise, be rendered incapable of discharging the I duties of his said office for a term of nine consecutive months, the Governor of the State, upon the certificates, under the seal of their office, of the Clerks of said Court of the several counties composing said circuit being filed in the office of the Secretary of State, setting forth the fact of the failure and disability of said Judge to discharge the duties of his office as aforesaid, shall appoint some practicing attorney within said circuit [as] Judge pro tempore of said Circuit Court during the continuance of the disability of the Judge elect of said circuit to discharge the duties of his said office, or until the expiration of his term of office, should the disability so long continue. 1340. Duties of Judge pro tempore. 2. Said Judge pro tempore shall take the same oath of office as a Judge elected to said office; and shall discharge all the duties of the office of Circuit Judge for and within the circuit for which he is appointed; and shall be invested with the same powers and authority as though elected to said office. 1341. Salary of Judge pro tempore. 3. Said Judge pro tempore shall receive for his services at the rate of nineteen hundred dollars per annum for the time he serves, payable out of the State Treasury, in the same manner that Circuit Judges receive their salaries; which sum shall be deducted from the salary of the Judge of said circuit. SEC. ARTICLE 3-THE SUPERIOR court. 1342. Where established-Term of Judges. 1343. Seal. SEC. 1355. Record-books. 1355a. Court bailiffs-Appointment. 1357. Process-Authority-Terms. 1358. May grant restraining orders, etc. 1359. Change of venue. 1360. Appeal from special to general term. 1361. Appeal as of right-No bond. 1362. Appeal to Supreme Court. 1363. Docket-fees. 1364. Judge pro tempore. 1365. Supreme Court Reports. [1879 S., p. 120. In force May 31, 1879.] 1342. Where established - Term of Judges. 4. Section one of the Act of February 15, 1871, is hereby re-enacted and revived; that is to say, that in any county in the State wherein is situated an incorporated city containing, according to the return of the census taken under and by authority of the government of the United States in the year 1870, a population of not less than forty thousand inhabitants, there shall be, and is hereby, established a Superior Court, which shall consist of three Judges, one of whom shall be elected by the qualified voters of said county at the next general election after the passage of this Act and every four years thereafter, and two of whom shall be elected at the second general election after the passage of this Act and every four years thereafter. And said Judges, when so elected, shall hold their respective offices for the term of four years, if they so long behave well, and until their and each of their successors are elected and qualified: Provided, That nothing in this Act shall be construed to affect the tenure of the offices of the other three Judges; but the intent is to abolish the fourth Judge, provided for by the Act of March 5, 1877.. 1. The original section was amended by the Act of March 5, 1877. The Act of March 18, 1879, repealed the Act of 1877, and revived the original section. 2. The Allen Superior Court (with one Judge) was established by an Act approved March 5, 1877 (Acts of 1877, p. 43). The Marion Superior Court was established by Act of 1871, p. 48, herein set out. The Tippecanoe Superior Court (with one Judge) was established by an Act approved March 9, 1875 (Acts of 1875, p. 55, and 1877, p. 51). The Vanderburgh Superior Court (with one Judge) was established by an Act approved March 3, 1877 (Acts of 1877, p. 52). The Vigo Superior Court (with one Judge) was established by an Act approved April 8, 1881 (Acts 1881 S., p. 93). 3. The Legislature has power, by Special Act, to create this Court or any Court of inferior jurisdiction.- Vickery v. Chase, 50 Ind. 461. 1343. Seal. [1871, p. 48. In force February 15, 1871.] 2. The Judges of said Court shall cause to be provided a seal for said Court, which shall contain on the face, the words, Superior Court of County" (filling the blank according to the name of the county), and such device as they may think proper. A description of such 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. 1344. Clerk and Sheriff. 3. The Clerk of the Circuit Court and the Sheriff of the county where such Court may be organized 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 in the Circuit Court for like services. 1345. Duties of Clerk and Sheriff. 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 hereafter be required to do, by law, in the Circuit Court; and all laws now in force, or which may be enacted, prescribing the duties and liability of such officers, and the mode of proceeding against them, or either of them, for any 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, as far as they apply. 1346. Where Court to sit. 5. The said Court shall hold its sessions at the court-house of the county, or at such other convenient place as the Board of County Commissioners may provide at the county-seat. 1347. Terms. 6. The terms of said Court shall commence on the first Monday of each month, except the months of July and August; but terms of said Court may be held in said months for the transaction of business pending in said Court, if directed by said Court at a general term; and the terms of said Court shall be called after the different months in which they are held, and they may be continued and held from the time of their commencement every day (Sundays excepted) until and including the Saturday before the first Monday of the succeeding month. 1348. Adjournments. 7. The Judges of said Court may adjourn the same on any day previous to the expiration of the time for which it may be held, and also from any one day in the term over to any other day in the same term, if in their opinion the business of the Court will admit thereof. 1349. Term extended, when. 8. Whenever a trial is begun and in progress at the time when, by law, the term of such Court would expire, the term shall be extended until the close of such trial. 1350. Clerk may adjourn. 9. In case such Court shall not be formed |