« AnteriorContinuar »
stands, and inserting in lieu thereof the wɔrds, “such person or company,
If the certificate provided for in the construction of the road, so as to
25. Sec. 120.
[20 G. A., ch. 119, amends this section by inserting after the word "clerk" in the sixth line thereof, the words and reporter."]
16 G. A., Ch. 159.
[19 G. A., ch. 27, amends section 3 of this act by inserting after the word Reports of "copies," in the seventh line thereof, the following words: Of the report State Board of of the state board of health, fire thousand copies, of which number fire hun
dred copies bound in cloth, and twenty-eight hundred copies in double-thick paper covers, shall be delirered to the state board of health, and the state board of health shall send one copy to the clerk of each local board of health, and such clerk shall deliver the same to his successor in office, as the property of the state."]
[19 G. A., ch. 175, amends sections 1, 2 and 3 of the same act, to read as follows:)
Sec. 1. The adjutant-general, the superintendent of public Reports of om
instruction, the state librarian, the wardens of the penitentiacers. commis ries, the visiting committee to the hospitals for the insane, the fish
institutions; commissioner, the superintendent of the weather service, the state when to be
board of health, the co:nmissioner of pharmacy, the state inine inspector, except all boards of commissioners having charge of the erections of public buildings, the board of curators of the state historical society, and all boards of trustees of state institutions, except the state agricultural college, shall, on or before the fifteenth day of August, preceding the regular sessions of the general assembly, make to the governor of the state à report of the condition and needs of the officers, institutions, and matters sev. erally intrusted to their care, as well as of all other subjects upon which reports are now by law required of such officers, boards or
commissions; and also a statement, showing in detail the exespenditures, penditure of all public moneys placed or coming into their hands,
with each voucher or duplicate voucher for such expenditures, except where such voucher or duplicate is required to be furnished some state officer at more frequent intervals.
Provided, that the reports hereby contemplated, shall take the place of the various annual and biennial reports now required to be made by such officers, boards or commissions, except the an
nual report on insurance. Fiscal term SEC. 2. The biennial fiscal term of the state shall end on the
30th day of June, in 1883, and each odd numbered year there
after, and the succeeding term shall begin on the day following; and the reports of officers and institutions shall cover the period thus indicated, and shall show the condition of their offices and institutions respectively on that day: Provided, that this section shall not apply to the state agricultural college and farm. The governor shåll cause to be printed, of the various public Number to be
printed. documents, as follows: Of the biennial message, twelve thousand copies; of the governor's inaugural address, six thousand copies; of the report of the auditor of state, ten thousand copies; of the report of the superintendent of public instruction, six thousand copies; of the report of the state agricultural college, six thousand copies; and of each of the other reports, five thousand copies. The secretary of the state shall make distribution thereof as fol- Distribution. lows: To the members of the general assembly, eight thousand copies of the message, two thousand each of the inaugural address, the report of the auditor of state, and the report of the superintendent of public instruction, and two thousand copies each of the other reports; fifteen hundred copies of the message, and five hundred copies of each of the other documents, to remain with the state, for the use of future general assemblies and special calls therefor; fifteen hundred copies to be stitched and bound in boards in books containing a copy of each report, to be distributed as follows: one copy to each officer and member of the general assembly; one to each state officer; one to each state office to remain therein; one copy to each state institution to remain therein; one to each member of the several boards, and one to each officer of the institutions who is required by law to make report; one copy to each district judge, each circuit judge, and each district attorney; one to the office of the county auditor in every county to belong to said office; one copy to each newspaper in the state; eighty copies to the state historical society; a sufficient number to the secretary of state to enable that officer to make the distribution provided for in section 1898 of the code; and the remainder to be placed under the control of the executive council. The remaining unbound copies of the documents shall be distributed to the officers and institutions respectively making report.
29. 16 G. A., Ch. 159, S 4.
The journals of the 'respective both of such houses: Koehler v. Hill, houses are competent evidence to 60-543. show the proceedings of either or
35. 18 G. A., Ch. 60, $ 1.
[20 G. A., ch. 125, repeals this section and enacts in lieu thereof the following:) SECTION 1.
as practicable after sufficient opinions Reporter shall are announced to make a volume, as herein provided, the supreme long as soon as court reporter shall furnish and deliver at his office at Des sufficient are Moines, Iowa, to the
per on, persons or corporation having the nike'a vulcontract with the state for publishing the same, copies of such ume.
opinions, and with each opinion a syllabus, a brief statement of the facts involved, and, in all cases where he may deem it of suificient importance, the legal propositions made by counsel in the argument, with.the authorities cited, when the same have been prepared and furnished by counsel in a brief form and in a man
ner suitable for publication; but the argument shall not be reFurnish an in-ported at length, and within twenty days after the proof sheets des within for a volume have been furnished to him by the publishers at his twenty days.
office in Des Moines, Iowa, he shall furnish to such publishers an
index and table of cases to such volume. The publishers shall furnishi revise. furnish to the reporter without delay, as soon as they shall be is
sued, two copies of the revised proof sheets of the opinions, head notes, index and table of cases of each volume, for correction and approval by the reporter and judges of the supreme court, and shall cause such corrections to be made therein as shall be indi
cated by the reporter or said judges. Each of said volumes shall Number of contain not less than 750, nor more than 800, pages, exclusive of Postor each the table of cases and index, and the workmanship and quality of
material shall in every particular be equal to the first issue of volEqual to vol. ume forty of the Iowa supreme court reports, and shall be ap
proved and accepted by a majority of the judges of the supreme court.
39. Sec. 102.
This section does not permit ap- | this section, exclusive jurisdiction, peals in cases where there is no state and a change of place of trial is ute authorizing them; as, for in- granted, the case should be sent to stance, in the case of action of fence some other circuit court, and not to viewers: McKeever v. Jenks, 59–3350. the district court: Schuchart v. Lam.
Where a circuit court has, under | mey, 17 N. W. Rep. 467.
[A list of the judicial districts and circuits, as at present constituted, will be found in the supplement to page 1166. 17 G. A., ch. 51, divided the first, fifth and seventh judicial districts into two circuits each, and provided for the election of a circuit judge in each of said circuits. (See § 9 of that act,
in supplement to page 157.) The same act contained the following:) jurisdiction Sec. 10. The judges of the several first and second circuits and powers of by this act created, shall have and exercise within the counties circuit judges.
constituting their said respective circuits, all the rights, powers and jurisdiction which are at this date possessed and exercised by the several circuit judges within said counties, and all provis. ions of law now applicable to the circuit court or to the judge thereof shall apply, and are hereby made to apply, with same force and effect, to said courts within said first and second circuits, and to the judges whose appointment and election are herein provided for, except so far as the same may be inconsiste ent with the provisions of this act.
Sec. 11. The records and books heretofore kept for the busiRecords, ness of the circuit courts within and for said counties, shall be
continued and used within said respective counties for the same
purposes, under the provisions of this act. Repealing Sec. 12., All acts and parts of acts inconsistent with the proclause.
visions of this act, are hereby repealed.
[20 G. A., ch. 19, § 1, divides the sixth judicial district into two circuits, as shown in the supplement to page 1166. It also provides for the election of circuit judges in said circuits; see § 5 of the art inserted in supplement to page 157. Sections 2, 3 and 4 are temporary in character, providing for appointinent of judge to 2d circuit until one can be duly elected, and for his performance of duties during that time. The other sections of the act are as follows:]
Sec. 6. The judges of said first and second circuits by this Powers of act, created shall have and exercise within the counties constitut
judges. ing their said circuits, all the rights powers and jurisdiction which are possessed and exercised at this date by the circuit judge within said counties, and all provisions of law now applicable to the circuit court or to the judge thereof shall apply, and are hereby made to apply, with the same force and effect, to said court within said first and second circuits and to ihe judges whose appointment and election are herein provided for, except so far as the same may be inconsistent with the provisions of this act.
Sec. 7. The records and books heretofore kept for the busi- Records. ness of the circuit court within and for said counties shall be continued and used within and for said respective counties for the same purposes and under the provisions of this act.
SEC. 8. All acts and parts of acts inconsistent with the pro- Repenling visions of this act are hereby repealed.
(20 G. A., ch. 181, § 1, divides the fourth judicial district into two circuits, as shown in the supplement to page 1166. It also provides for the election of circuit judges in said circuits; see $s 2 and 5 of the act inserted in supplement to page 157. The other sections of the act are as follows:]
SEC. 3. The present circuit judge of the said fourth judi- Present judge cial circuit, as constituted prior to the passage of this act, office until shall continue to be, and to exercise the powers and discharge Junuary, 1885. the duties of, circuit judge and hold the circuit court in each and all of the counties above named until the first day of January, A. D. 1885, and until his successors shall be duly qualified, after which the judges elected for the said circuits respectively shall each have and exercise, within the counties constituting their respective circuits, all the rights, powers, jurisdiction and authority, which now are, or by law shall be, conferred upon the circuit court and circuit judges of the state, and all provisions of law now applicable to the circuit court and circuit judges, shall apply to the said circuit courts and judges of said first and second circuits of said fourth judicial district.
Sec. 4. The records and books heretofore kept and used Records confor the business of the circuit court in the respective counties within said circuits, shall be continued and used in the respectire counties for the same purpose under the provisions of this act.
ADDITIONAL CIRCUIT JUDGES.
[19 G. A., ch. 56, S$ 1 and 2, provide for the election of two circuit judges in certain circuits: See those sections inserted in supplement to page 157. Other sections of the act are as follows:]
Sec. 3. In circuits having two judges, the judges shall not business in ciisit together in the transaction of the same business, but may to- cuit court in
circuits having gether hold the same term, making an apportionment of the busi- two judges.
not sit to
Fix terms of court.
ness of said term between them; and they may hold terms in different counties at the same time.
Sec. 4. Immediately after the election and qualification of the Times of hold- additional judges provided for by this act, the circuit judges, and iniz. coudt in d. - district judges for the districts embracing circuits having two ing circuits
circuit judges, as provided for by this act, shall together desighaving two judges. nate and fix, by an order under their hands, the times of holding
the terms of said courts in each county in their districts for the years 1883 and 1881, and a similar order shall by them be made every two years thereafter.
[20 G. A., ch. 18, SS 1 and 2, provide for the election of an additional circuit judge in the second judicial district: See those sections inserted in the supplement to page 157. Other sections of the act are as follows:)
Sec. 3. The judges of the circuit court in said circuit shall Judges shall not sit together in the transaction of the same business, but may gether. tos,ether hold the same term making an apportionment of the
business of said term between them; and they may hold terms in different counties at the same time.
Sec. 4. Immediately after the election and qualification of the additional judge provided for by this act, the circuit judges and the district judge for said district shall together designate and fix by an order under their hand, the times of holding the terms of said court in each county in said district for the years 1885 and 1886, and a similar order shall be by them made every two years thereafter.
39. Sec. 169.
A telegram from the judge to the ten order within the requirements of clerk, making the proper direction as this section: The State v. Holmes, to adjournment, is a sufficient writ- | 56-588.
40. Sec. 177.
A decree signed by the judge and as contemplated in section 2897, may entered in vacation is valiü, and not be made by the clerk in vacation and void, though it contain provisions approved, under this section, at the not contained in the memorandum next term: Kendig v. Marble, 58made in the judge's calendar at the | 529. A judgment cannot exist meretrial; nor does the fact that it im- i ly in the memory of the officers of the properly provides for a sale of real court or in memoranda entered upon property without redemption render books not intended to preserve the ii sale thereunder absolutely void: | records of judgment. Balm v. Nunn, Traer v. Whitman, 56-443.
19 N. W. Rep. 810.
A court may, on its own motion, cor- | ings, expunge the first ruling from rect its record; and may, upon dis- the record and make a different one: covering mistake or error in its rul- Wolmenstadt v. Jacobs, 61-372.
43. Sec. 190.
A judgment rendered by a judge that defendant has ever questioned who has previously been an attorney or objected to such judgment: Counin the case, is not to be deemed abso- | ty of Floyd v. Cheney, 57–160. lutely void where it does not appear