Counties of Second District. 1296. Counties of Fourth District. 1299. 1301. Terms. SEC. 1302. Authority 1303. Oaths-Fines for contempt. 1305. When term of office begins. 1306. When Judges may try cases. 1307. 1308. Preservation of records. 1310. Docket-fee. 1311. Clerk shall pay to Treasurer [1872 S., p. 24. In force December 16, 1872.] 1292. Judges-Quorum - Jurisdiction. The Supreme Court shall consist of five Judges, any three of whom shall form a quorum, and shall have jurisdiction in appeals co-extensive with the State. 1. By an Act concerning the Supreme Court, approved April 14, 1881, the General Assembly authorized the Supreme Court to.appoint five persons to aid it in the performance of its duties. They are called Commissioners of the Supreme Court, and hold office for two years only. As the Act is temporary, it is omitted. See 1881 S., p. 92. [1872 S., p. 25. In force December 16, 1872.] 1293. Counties of First District. 1. The counties of Monroe, Owen, Clay, Parke, Morgan, Sullivan, Greene, Knox, Daviess, Martin, Dubois, Pike, Gibson, Posey, Vanderburgh, Warrick, Spencer, Perry, and Orange shall constitute the First Supreme Court Judicial District. 1294. Counties of Second District. 2. The counties of Ohio, Rush, Switzerland, Dearborn, Shelby, Brown, Lawrence, Crawford, Harrison, Floyd, Clark, Scott, Jefferson, Ripley, Decatur, Bartholomew, Jackson, Washington, and Jennings shall constitute the Second Supreme Court Judicial District. 1295. Counties of Third District. 3. The counties of Tippecanoe, Johnson, White, Warren, Fountain, Montgomery, Clinton, Boone, Tipton, Hamilton, Marion, Vermillion, Putnam, Hendricks, and Vigo shall constitute the Third Supreme Court Judicial District. 1296. Counties of Fourth District. 4. The counties of Allen, Whitley, Huntington, Wells, Adams, Grant, Blackford, Jay, Delaware, Randolph, Howard, Madison, Hancock, Henry, Wayne, Fayette, Union, and Franklin shall constitute the Fourth Supreme Court Judicial District. 1297. Counties of Fifth District. 5. The counties of Lake, Benton, Porter, Laporte, St. Joseph, Elkhart, Kosciusko, Marshall, Starke, Jasper, Newton, Pulaski, Fulton, Wabash, Miami, Cass, Carroll, Lagrange, Steuben, DeKalb, and Noble shall constitute the Fifth Supreme Court Judicial District. [1867, p. 209. In force March 9, 1867.] 1298. Building - Cost. I. The Governor of this State is hereby authorized to cause to be erected, on ground now belonging to the State, a building suitable and convenient for the use of the Supreme Court and the officers of State, at a cost not exceeding fifty thousand dollars. 1299. Law Library. 4. When said building shall be completed, the Law Library shall be removed thereto, and shall be under the control of the Judges of the Supreme Court; and they are hereby authorized to sell, exchange, and purchase books therefor, to be paid for, on their order, out of the general funds in the Treasury; and they may make rules for the care and control of the same. [2 R. S. 1852, p. 1. In force May 6, 1853.] 1300. Seal. 2. The Supreme Court shall have a seal, devised by the Judges thereof, a description of which shall be recorded in the office of the Secretary of State. 1301. Terms. 4. There shall be two terms of such Court in each year,- one commencing on the fourth Monday in May, the other commencing on the fourth Monday in November; and each term shall consist of thirty days, and be enlarged if the business thereof require it. 1302. Authority. 5 Such Court shall have authority First. To frame, direct, and cause to be used, all process; to establish modes of practice which may be necessary in the exercise of its authority, and to make regulations respecting the same, and cause them to be printed. Second. To establish regulations respecting bonds required in appeals to such Court, the amount of the penalties thereof, and for approving sureties thereto. Third. To establish regulations in relation to giving notice to officers of inferior Courts of the granting of stay of execution or of supersedeas. Fourth. To establish regulations respecting proceedings which are requisite in such Court in the exercise of its authority, not specially provided for by law. 1303. Oaths - Fines for contempt. 6. Such Court shall have full power to impose and administer all necessary oaths; to punish by fine and imprisonment for contempt of its authority and process; and to compel the attendance of witnesses by attachment and fine. 1304. Chief-Justice. 7. Such Judges, at each term, shall choose one of their number Chief-Justice, who shall preside at the consultations of such Judges and in Court; but no Judge shall be chosen to preside at two terms consecutively, nor until the other Judges have each presided one term. 1305. When term of office begins. 8. Such Judges shall commence their term of office on the first Monday in January after their election. 1306. When Judges may try cases. 9. Such Judges, in their respective districts, may preside at the trial of any case pending in any county thereof wherein the Circuit Judge is incompetent to preside. [1853, p. 86. In force August 17, 1855.] 1307. Briefs and arguments. 1. In all cases which may be now or hereafter pending in the Supreme Court, whether upon appeal or otherwise, said Supreme Court may require the parties thereto to file, on the submission of such appeal or other proceeding, a written brief or argument of the points relied on, under such rules as the Court may adopt relative thereto; but in no case shall such party be required to print any brief or argument, any law or rule of Court to the contrary notwithstanding: Provided, however, That if the brief is not legibly written, the Court may order its Clerk to copy the same, and tax the costs of such copy, at the rate of ten cents for each one hundred words, to the party filing the same: Provided, however, That this Act shall not be so construed as to prevent any party, by himself or attorney, from orally arguing his said cause, if he shall choose so to do. 1. A rule of Court providing that “if the cause be not submitted within a year after coming into Court, it can only be submitted on printed brief," is not in conflict with this statute.-Shoecraft v. Cain, 23 Ind. 169. [1855, p. 85. In force February 7, 1855.] 1308. Preservation of records. 1. Whenever the Supreme Court, or a majority of the Judges thereof, shall deem it necessary for the preservation of the records of said Court, or any part thereof, from mutilation or decay, arising from any cause whatever, to have the same transcribed, they shall make an order directing the Clerk of said Court to transcribe said records in suitable books, to be by him procured for that purpose; and said Court shall make such reasonable allowance to said Clerk therefor as to them shall seem just and proper; and such compensation, when so allowed and certified by a Judge of said Court, shall be audited by the Auditor of State, and paid as similar allowances in other cases. 1309. Duty of Clerk. 2. It shall be the duty of said Clerk, whenever the Court shall make such order as herein contemplated, to procure such books, and transcribe therein such records, or parts thereof, as said Court may order; and such records, when so transcribed, shall have the force and effect of the original records, and transcripts of the same, or parts thereof, duly certified by said Clerk, under the seal of said Court, shall have the same force and effect as transcripts of the original records. [1859, p. 174. In force August 6, 1859.] 1310. Docket-fee. 5. In every case of appeal to the Supreme Court, a docket-fee of four dollars shall be taxed with the other costs, and recovered from the losing party. 1311. Clerk shall pay to Treasurer. 7. The Clerk of the Supreme Court shall, within thirty days after the collection of the same, pay into the Treasury of State all docket-fees received by him on account of the business of said Court, and take a receipt therefor. SEC. 1336. Transfer of Common Pleas proceedings. 1337. Appeals. 1338. Certifying records of Common Pleas. SEC. 1339. Judge incapacitated - Judge pro tempore. Duties of Judge pro tempore. 1340. 1341. Salary of Judge pro tempore. [1881 S., p. 102. In force April 7, 1881.] 1312. Judge, when elected - Circuit. 1. A Judge of the Circuit Court shall be elected by the qualified voters of each circuit established by law at the general election next preceding the [expiration of the] term of office of the present Judge of such circuit. He shall be the Judge of the several Circuit Courts within his circuit. 1313. Terms and style. 2. The Circuit Court shall be held in the respective counties at such times as may be fixed by law. Said Court shall be styled " Circuit Court," according to the name of the county in which it may be held. 1314. Jurisdiction. 3. Said Court shall have original exclusive jurisdiction in all cases at law and in equity whatsoever, and in criminal cases and actions for divorce, except where exclusive or concurrent jurisdiction is or may be conferred by law upon Justices of the Peace. It shall also have exclusive jurisdiction of the settlement of decedents' estates and of guardianships: Provided, however, That in counties in which Criminal or Superior Courts exist or may be organized, nothing in this section shall be construed to deprive such Courts of the jurisdiction conferred upon them by law. And it shall have such appellate jurisdiction as may be conferred by law; and it shall have jurisdiction of all other causes, matters, and proceedings where exclusive jurisdiction thereof is not conferred by law upon some other Court, Board, or officer. [2 R. S. 1852, p. 5. In force May 6, 1853.] 1315. May issue certain process. 6. They shall have power to issue and direct all process to Courts of inferior jurisdiction, and to corporations and individuals, which shall be necessary to the regular execution of the law. 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. 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. 1318. What Court has jurisdiction. 9. When the subject-matter 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. 1. 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. 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. 1320. Seal. II. 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. 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 law 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 v. 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 State, 29 id. 442; Redman v. State, 28 id. 205; Vail v. McKernan, 21 id. 421. A rule requiring instructions 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 applications 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 recognizances 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 |