stands, and inserting in lieu thereof the words, "such person or company, or on the application of a party claiming title to any land through such person or company"; and further, by striking out the word "grantee," where it occurs in the tenth and fifteenth lines, and inserting in lieu thereof the word "applicant."] If the certificate provided for in this section is introduced, it dispenses with all other proof, and makes at least a prima facie case. In the absence of such certificate the party niust prove the selection of the lands, | that they are within the giant, and the construction of the road, so as to entitle the grantee to the lands under the act. But whilst the certificate establishes the title of the grantee, it is not essential to such title: C., B. & Q. R. Co. v. Lewis, 53-101. 25. Reports of State Board of Health. sioners and institutions; when to be made. 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. 28. [19 G. A., ch. 27, amends section 3 of this act by inserting after the word 'copies," in the seventh line thereof, the following words: Of the report of the state board of health, five thousand copies, of which number five hundred copies bound in cloth, and twenty-eight hundred copies in double-thick paper covers, shall be delivered 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 off instruction, the state librarian, the wardens of the penitentiacers, commis- ries, the visiting committee to the hospitals for the insane, the fish commissioner, the superintendent of the weather service, the state board of health, the commissioner of pharmacy, the state mine 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 gencral 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 Statement of commissions; and also a statement, showing in detail the exexpenditures. 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. Fiscal term ends when. 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 annual report on insurance. 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 printed. 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 shall cause to be printed, of the various public Number to be 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. 16 G. A., Ch. 159, § 4. 29. The journals of the respective | both of such houses: Koehler v. Hill, houses are competent evidence to | 60-543. [20 G. A., ch. 125, repeals this section and enacts in lieu thereof the following:] SECTION 1. As soon as practicable after sufficient opinions Reporter shall are announced to make a volume, as herein provided, the supreme prepare opin court reporter shall furnish and deliver at his office at Des sufficient are Moines, Iowa, to the person, persons or corporation having the uned to contract with the state for publishing the same, copies of such ume. ions as soon as make a vol dex within twenty days. Publishers opinions, and with each opinion a syllabus, a brief statement of the facts involved, and, in all cases where he may deem it of sufficient 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 manner suitable for publication; but the argument shall not be reFurnish an in- ported at length, and within twenty days after the proof sheets for a volume have been furnished to him by the publishers at his office in Des Moines, Iowa, he shall furnish to such publishers an index and table of cases to such volume. The publishers shall furnish revise. furnish to the reporter without delay, as soon as they shall be issued, 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 indicated by the reporter or said judges. Each of said volumes shall contain not less than 750, nor more than 800, pages, exclusive of pages for 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 volume forty of the Iowa supreme court reports, and shall be approved and accepted by a majority of the judges of the supreme Number of volume. Equal to volume 40. Jurisdiction circuit judges. court. SEC. 162. This section does not permit appeals in cases where there is no statute authorizing them; as, for instance, in the case of action of fence viewers: McKeever v. Jenks, 59-350. Where a circuit court has, under AFTER SEC. 163. 38. this section, exclusive jurisdiction, and a change of place of trial is granted, the case should be sent to some other circuit court, and not to the district court: Schuchart v. Lammey, 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:] 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 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 inconsistent with the provisions of this act. Records. Repealing clause. SEC. 11. The records and books heretofore kept for the business 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. SEC. 12. All acts and parts of acts inconsistent with the provisions 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 act inserted in supplement to page 157. Sections 2, 3 and 4 are temporary in character, providing for appointment 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 the 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- Repealing 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 $$ 2 and 5 of the act inserted in supplement to page 157. The other sections of the act are as follows:] clause. to continue in 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 January, 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. tinued. 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 respective counties for the same purpose under the provisions of this act. ADDITIONAL CIRCUIT JUDGES. [19 G. A., ch. 56, §§ 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:] Transaction of SEC. 3. In circuits having two judges, the judges shall not business in cisit together in the transaction of the game business, but may to- cuit court in circuits having gether hold the same term, making an apportionment of the busi- two judges. Times of holding court in d. tricts containing circuits having two judges. Judges shall not sit together. 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 additional judges provided for by this act, the circuit judges, and district judges for the districts embracing circuits having two circuit judges, as provided for by this act, shall together designate 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 1884, and a similar order shall by them be made every two years thereafter. [20 G. A., ch. 18, §§ 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 not sit together in the transaction of the same business, but may together 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. SEC. 169. 39. 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. SEC. 177. A decree signed by the judge and Entry of judgment on confession, A court may, on its own motion, cor- SEC. 190. 40. 43. 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 |