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 appointSuch 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. 1418. (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 [Acts 1889, p. 265. In force March 9, 1889.] 1419. (E. S. 266.) Claims against state-Where suit may be brought.-1. That any person or persons having or claiming to have a money demand against the state of Indiana, arising at law or in equity, express or implied, accruing within fifteen years from the time of the commencement of the action, may bring suit against the state therefor, in the superior court of Marion county, Indiana, by filing a complaint with the clerk of the said court, and procuring a summons to be issued by said clerk, which summons shall be served upon the attorney-general of Indiana, thirty days before the return day of the summons; and jurisdiction is hereby conferred upon said superior court of Marion county, Indiana, to hear and determine such actions; and said court shall be governed by the laws, rules and regulations which govern said superior court in civil actions in the making up of issues, trial and determination of said causes, except that the same shall be tried by all the judges of said court sitting together without a jury. This statute only authorizes a suit against the state when there is a liability on the part of the state unadjusted by the legislature. Julian v. State, 122 Ind. 68. State officers can only bind the state by contract when authorized by statute. Julian v. State, 122 Ind. 68. 1420. (E. S. 267.) Suit unauthorized in certain cases.-2. This act shall not authorize any person to bring suit against the state of Indiana upon any obligation described in section 7 of article 10, of the constitution of Indiana. 1421. (E. S. 268.) Limitations.-3. All actions which may hereafter accrue shall be governed by and be subject to the statute of limitations in force in this state; but the statute of limitations shall begin to run from the passage of this act, as to right of actions heretofore accruing. 1422. (E. S. 269.) Attorney-general to defend.-4. It shall be the duty of the attorney-general of state, in person or by deputy, to defend and represent the interests of the state in said superior court of Marion county, Indiana, and also in the supreme court on appeal. 1423. (E. S. 270.) Appeal.-5. In all such actions either party may appeal directly to the supreme court, under the same rules, regulations and restrictions which govern in cases of appeals from the circuit courts of this state to the supreme court of the state in civil causes, except that the state may appeal without bond. 1424. (E. S. 271.) No execution-Appropriation.-6. Whenever by final decree or judgment of said superior court of Marion county, Indiana, or the supreme court, a sum of money is adjudged to be due any person from the state of Indiana, no execution shall issue thereon, but said judgment shall draw interest at the rate of 6 per cent. per annum from the date of the adjournment of the next ensuing session. of the general assembly until an appropriation shall have been made by law for the payment of the same and said judgment paid. 1425. (E. S. 272.) Governor may employ counsel.-7. Whenever, in the opinion of the governor, the interests of the state require it, he may employ counsel to assist the attorney-general in the defense of any suit brought against the state, and may pay such counsel out of any funds at his disposal appropriated for that purpose. 1426. Terms of superior courts— Allen County-2d Monday of January, 1st Monday of April, 2d Monday of September, 2d Monday of November, and to continue as long as necessary. Acts 1877, Reg. Sess., p. 43. Marion County-1st Mondays of each month except July and August, and to continue until next succeeding term. Acts 1871, p. 48. Tippecanoe County-1st Monday of January, 2d Monday of March, 2d Monday of May, 4th Monday of September, and to continue as long as necessary, except the May term ends 3d Saturday of June. Acts 1893, p. 7. Vanderburgh County-1st Mondays of March, June, September and December, and to continue as long as necessary. Acts 1881, p. 17. Vigo County-1st Mondays of September, December, March and June, and to continue as long as necessary. Acts 1881, p. 93. ARTICLE 5.-CRIMINAL COURT. SEC. SEC. 1427. Organization-Seal. 1428. Officers. 1429. Judge pro tem. 1430. Compensation. 1431. Where held. 1432. Jurisdiction. 1433. Criminal causes to be transferred. 1434. When judge may hold other courts. 1435. Marion, Allen, and Vigo courtsTerms. 1436. Name changed. [1881 S., p. 111. In force September 19, 1881.] 1427. (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. The acts constituting criminal courts are constitutional. Anderson v. State, 28 Ind. 22; Clem v. State, 33 Ind. 418; Combs v. State, 26 Ind. 98; 1428. (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. or any [Acts 1883, p. 6. In force January 18, 1883.] 1429. (E. S. 277.) Judge pro tem.-1. That 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, other judge of a court of record in 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. The right of a special judge to act must be questioned at the time of the trial. Schlungger v. State, 113 Ind. 295; Greenwood v. State, 116 Ind. 485. 1430. (E. S. 278.) Compensation-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. during 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, 1881.] 1431. (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. 1432. (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. Criminal courts have jurisdiction of proceedings for surety of the peace. State v. Carey, 66 Ind. 72. 1433. (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. 1434. (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. 1435. (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. The criminal court of Vigo county was abolished by acts of 1881, p. 93. 1436. (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 attor neys 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. The election of the judges, and all proceedings of criminal circuit courts, prior to May 13, 1869, were legalized by an act of 1869. Acts 1869, Spec. Sess., p. 52 SEC. ARTICLE 6.—INCIDENTAL MATTERS. 1437. Salary of supreme judges. 1438. Salary of circuit and superior judges. 1439. Payment by county-Action of board. 1440. Salary of criminal judges. 1441. Salary of law librarian. 1442. Term prolonged to finish trial. 1443. Adjourned terms. 1444. Absence of judge-Special judge. 1446. When special judge selected. 1450. Selection of names for jurors. 1458. Qualifications of jurors. 1460. Juror who has served within one year-Peremptory challenge. [1873, p. 190. In force March 10, 1873.] 1437. (1374.) Salary of supreme judges.-1. There shall be allowed to each of the judges of the supreme court an annual salary of four thousand dollars, payable quarterly out of any moneys in the treasury belonging to the general fund not otherwise specifically appropriated by law; and such salary is allowed from the first day of January, 1873. See Fees and Salaries, section 6417. |