held.

than county

circuit court.

papers; how

counly seats.

of the district court in and for the districts created by this act in which they may severally reside; and until the terms for which said judges were elected shall expire, only so many addi tional judges shall be chosen under the provisions of this act, as shall be required (if any,) to make the number of judges to which such district is entitled, under the provisions of this act. SEC. 5. The judges shall hold the district courts in the sev- Terms; where eral counties of their districts at all the places where district courts or circuit courts are held at the time this act takes effect; provided, that the grand jury shall only be required to attend Grand jury. at county seats, and the district court shall hold not less than two terms at other places than county seats where the circuit Terms at other court is authorized to be held, at the time this act takes effect, seats. and the district court shall hear and determine civil causes, in- Civil causes cluding probate, only as heretofore exercised at such places by heard as by the circut court, and jurors shsll be drawn thereat, as heretofore provided therefor, and provided further, that transcripts of all judgments, decrees, and the levy of writs of attachment on real Decrees and estate, mechanics' liens, lis pendens, sales of real estate, redemp certified at tions, satisfaction of judgments, mechanics' liens, dismissal or other than decrees in lis pendens, together with all other matters affecting titles to real estate, shall be certified by the deputy clerk at such places other than county seats, forthwith, to the clerk of the district court at the county seats, who shall enter the same upon the records in his office in all respects as if originating and originally filed, begun or entered at the county seat of such counties, and provided further, that the provisions of section 163 of the Code, section Code, shall be and remain in full force and effect under the pro- 163 remains in visions of this act, provided, that this section shall not affect places other than county seats where courts have been held for How terms ten years. They shall hold their courts at such times, and in may be held. such order as shall best dispose of the business thereof, and as they may arrange among themselves; provided, however, there shall be held not less than four terms a year in each county. In case the judges of any district are unable to agree, as to the Where judges manner of holding their courts, or as to the counties in which of a district disagree as to they are severally to preside, they shall refer the matter to the holding courts, chief justice of the supreme court, who shall assign said judges shall decide to such connties as he may determine; and the chief justice of and make assignments. the supreme court shall also have power to assign any district judge when not. occupied in holding court in his own district, to any judge to hold court in any other district, in the State, where any judge any other dismay be incapacitated from holding court, or there may arise a necessity therefor. But this section shall not be held to affect interchange. the right of the judges to interchange holding their terms of court, as now provided by law.

force.

chief justice

May assign

trict, etc. Judges may

odd numbered

SEC. 6. On or before the first day of October in each odd Judges shall in numbered year, the judges shall meet in their respective districts, year fix times and determine the times and places of holding their courts dur- and places of holding courts. ing the two succeeding calendar years. The plan or schedule thus agreed upon, or ordered by the chief justice of the supreme

Terms; how arranged.

Jurisdiction original and exclusive. Exceptions.

Powers.

Powers of circuit court transferred to

court, when they cannot agree, shall before going into effect be published as now required by law for similar orders of the judges of the district and circuit courts. In preparing said plan or schedule they shall so arrange if practicable that each judge shall hold at least one term of court during the year in each of the several counties of his district. The terms of the circuit court which have been set down or assigned for the year 1887 in the several counties of the state shall be held as terms of the district court, and the judges may determine anew, the times and places for holding their courts during the year 1887.

SEC. 7. The district court when organized and constituted as contemplated in this chapter shall have original and exclusive jurisdiction of all actions, proceedings and remedies both civil and criminal, except in cases where exclusive or concurrent jurisdiction is or may hereafter be conferred upon some other court or tribunal by the constitution and laws of the State, and shall have and exercise all the powers usually possessed and exercised by courts of record.

SEC. 8. All the rights, duties, powers and jurisdiction now by law belonging to or vested in, or exercised by the circuit district court. court shall upon and after the first day of January 1887, be transferred to, conferred upon and exercised by the district court; and all causes, proceedings, and remedies of every kind pending or undetermined in the circuit court at said date shall stand for trial or other disposition in the district court as if originally brought therein.

District court

shall succeed

to records of circuit court

and to its authority and jurisdiction.

Transcripts.

Change of venue.

1

SEC. 9. Upon the abolition of the circuit court, as in this act provided, the district court shall succeed to, and exercise full authority and jurisdiction over the records of the circuit court, and may enforce all judgments, decrees and orders thereof in the same manner and to the same extent as it may exercise like jurisdiction and authority over its own records, and for the purpose of the issuance of process, and of any and all other acts necessary to the due and efficient enforcement of the orders, judgments and decrees of the circuit court, the records thereof shall be deemed records of the distrit court. Transcripts and process from the judgments, decrees and records of the circuit court, shall be issued by the clerk of the district court, and under the seal of his office.

SEC. 10. When a change of venue is granted on the ground of objection made to the judge, such judge may in his discretion, if there be a judge or judges of the same district, against whom there is no objection, assign the cause to such judge. Or if more than one, to one of them for trial, and if there be no other judge of his district against whom there is no objection, then he may in his discretion, send the cause for trial to the nearest and most convenient county of another district for trial before a judge of such other district; or he may procure another judge of another district to interchange with him for the trial of such cause.

SEC. 11. The judges of the district court shall have power

tice.

and prescribe

to prescribe uniform rules of practice for the government of the Rules of pracdistrict courts of the state, and to prescribe rules for making up issues in vacation, and entering in_vacation, judgment in default of appearance or pleading. For that purpose, said judges shall meet in convention in the supreme court room in Judges shall the capitol at the state capital, on the first Wednesday in Jan meet at capitol uary, A. D. 1887, and at such time thereafter as may be desig rules, etc. nated by the chief justice on the request of a majority of the district judges of the state, and shall organize by selecting a president, vice-president and secretary from their number, and the secretary of state shall upon requisition of the presiding officer supply the convention with such stationery as shall be How printed deemed necessary for the dispatch of the business of the con- and distribuvention. When a majority of the convention shall have agreed upon such rules, and the time when they shall go into effect, the same shall be signed by the president and countersigned by the secretary of the convention, and filed with the secretary of state, and the secretary of state shall cause such rules to be printed, and when so printed he shall forward a certified copy thereof to the clerk of the district court in each county of the state. And the clerk shall immediately upon the receipt of such copy of the rules so adopted, spread the same upon the records of said court, and such rules shall continue in force until altered or amended in convention as provided in this act.

ted.

SEC. 12. The salary of district judges elected or holding Salary of office under the provisions of the constitution of the state and judges. this act, shall be $2,500 per year, to be paid from the state How paid. treasury in manner now provided by law for the payment of judges of the district and circuit court.

trict court.

SEC. 13. On and after the first day of January 1887, the Powers of clerk of the district court shall have and exercise within his clerks of discounty all the powers and jurisdiction of the court and of the judge thereof in the following matters:

of administra

First. The appointment when not contested of resident ad- Appointment ministrators, executors and guardians of minors and the approval tors, etc. of any and all bonds given by administrators, executors, trustees, Approval of and guardians in the discharge of their several trusts.

bonds.

Second. The examination and approval of all intermediate Approval of or interlocutory accounts or reports of administrators, executors reports, etc. and guardians, but such approval may be disaffirmed or set aside by the court within the time and manner as now provided by law.

sary orders.

Third. The making of all necessary orders in relation to the Making neces personal effects of a deceased person as contemplated in section, 2386 of the Code, where no objection is filed and to do and per form all other acts and duties which are now required by law of clerks of the circuit court and not inconsistent with the pro visions of this act.

SEC. 14. Any person deeming himself aggrieved by any Party agorder made or entered by the clerk under the powers herein grieved may conferred in the last preceding section may have the same re- court.

be

Validity of records, etc.

Compensation

trict court.

viewed in court at the next term thereafter upon motion, and upon such notice as the court may prescribe. Upon the filing of such motion the clerk shall place the cause or proceeding on the docket without additional docket fee and the matter shall stand for hearing on trial de novo in open court.

SEC. 15. The records, orders and judgments made and entered by the clerk as herein before provided and not reversed, set aside or modified by the court shall stand and be of the same force, validity and effect, and shall be entitled to the same faith and credit as if made by the court, or by the judge thereof.

SEC. 16. From and after the first day of January, 1887, the of clerk of dis- clerk of the district court in each county, in addition to the compensation now provided by law shall be allowed to retain from fees collected by him in matters of probate and guardian. ship, such sum as may be fixed by the board of supervisors, not exceeding the sum of three hundred dollars per year; but such additional compensation shall in no case be allowed to be paid out of the county treasury.

Repealing clause.

SEC. 17. All acts and parts of acts inconsistent with the provisions of this act are hereby repealed. Approved April 10, 1886.

H. F. 549.

$1,500 appropriated.

How drawn

and paid out.

CHAPTER 135.

APPROPRIATON FOR PRISONERS AID ASSOCIATION.

AN ACT Making Appropriations to the Iowa Prisoners Aid Association.

Be it enacted by the General Assembly of the State of Iowa:

SECTION 1. That there is hereby appropriated out of any money in the state treasury not otherwise appropriated the sum of fifteen hundred dollars ($1,500) one half of which is to be placed in the hands of each of the wardens of the penitentiaries of the state, and by them to be paid out to the Iowa Prisoners Aid Association on the order of its president and secretary. The wardens to keep vouchers for the payment of the same. Provided, however that not more than one half herein appropriated shall be drawn during the year 1886, and the remainder quarterly during the year 1887.

Approved April 10, 1886.

CHAPTER 136.

LEGALIZING COUNCIL OF TOWN OF SEYMOUR.

AN ACT to Legalize the Acts, Resolutions, Orders and Ordinances H. F. 88. of the Town Council of the Incorporated Town of Seymour, in Wayne County, Iowa.

WHEREAS, The town council of the incorporated town of Preamble. Seymour in Wayne county Iowa, by certain acts, orders, resolutions and ordinances authorized the issuance of certain bounds [bonds] of said incorporated town of Seymour, and,

WHEREAS, Said bonds have been issued and negotiated, and said incorporated town has received the proceeds of sale of such bonds, and,

WHEREAS, Doubts have arisen, as to the legality of such bonds by reason of alleged irregularities in the preliminary acts, orders, resolutions and ordinances by which said bonds were issued, and by reason of the forms, of said bonds, and of the rate of interest therein specified, therefore,

Be it enacted by the General Assembly of the State of Iowa: SECTION 1. That all orders, resolutions, acts, and ordinances Legalized. of the town council of the incorporated town of Seymour in Wayne county, Iowa, in relation to the ordering, issuing, and execution of the bonds of said incorporated town, and the bonds issued thereunder be and the same are hereby legalized and validated, and the same shall be deemed, and held to be legal and valid, to all interests [intents] and purposes, as though all acts, orders resolutions and ordinances in relation to the ordering, issuing, and execution of such bonds, had been in each particular, in strict conformity, with the statutes in such cases made, and provided.

[SEC. 2.] This act being deemed of immediate importance, Publication. shall take effect and be in force from and after its publication in the Iowa State Register, a newspaper published at Des Moines Iowa, and in the Lone Tree Press, a newspaper printed and published at Seymour, in Wayne County, Iowa, such publication being without expense to the State. Approved April 10, 1886.

I hereby certify that the foregoing act was published in the Iowa State Register April 17, and Lone Tree Press April 23, 1886.

FRANK D. JACKSON, Secretary of State.