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1414. Warrant for sums allowed by Courts 1416. Allowance for fuel and repairs. of record. 1417. Allowances in State prosecutions.

1415. Allowance to assistants of Sheriff.

Sections 1374 and 1375 R. S. 1881, concerning salary of supreme judges and law librarian, superseded by fee and salary law 1895 S., p. 319.

Sections 1375, 1376 and 1377 R. S. 1881, are superseded by the following: [1893 S., p. 341. In force March 4, 1893.]

1375. Salary of Circuit and Superior Judges. 1. That the salaries of the Judges of the Circuit and Superior Courts of this State shall be twenty-five hundred dollars annually, payable quarterly out of the State Treasury: Provided, That in all judicial circuits of this State, containing any city which had a population of more than thirty thousand, as shown by the last preceding United States census, whenever twenty or more resident freeholders of the county in which such city is situated shall, by their petition filed with the Board of Commissioners of such county, represent that the annual salary of the Judge of said Circuit or Superior Court, as otherwise provided by law, is not an adequate compensation for the services of such Judge, and should be increased in a sum to be specified in such petition then it shall be the duty of the Board of Commissioners, of such county, in open session, without delay, and at either a regular or special term of such Board, to consider such petition and hear the evidence thereon, and thereupon within the limits of such evidence but in no event in excess of the sum of fifteen hundred dollars or in excess of the sum specified in such petition, such Board of Commissioners may, by entry of record fix and allow a certain sum as an addition to or increase of the annual salary of the Judge of such Circuit and Superior Court: Provided, further, That in case, the increase specified in such petition shall not make the total compensation of such Judge exceed three thousand dollars, such increase shall be immediately ordered without further proceedings. [As amended, 1895 S., p. 163.

1375a. Payment by county-Action of board. 2. Upon such allowance being made by such Board of Commissioners the sum so allowed shall be payable only out of the treasury of the county in which such petition is required to be filed, and shall be payable quarterly upon warrants drawn by the Auditor of such county upon the Treasurer thereof, and from and after the date of such allowance by such Board the same shall be held as an addition to the annual salary of such Judge, as otherwise fixed and provided by law, and shall not be diminished during the term of office of such Judge; and any such allowance, and the proceedings of any Board of Commissioners in relation thereto, if in compliance with the provisions of this act, shall be final and conclusive.

[1899 S., p. 92. In force February 24, 1899.] 1375b. Judges salary- Circuits of three counties. 3. In all the Judicial Circuits of the State of Indiana that are composed of three

or more counties, whenever two hundred or more resident freeholders in any one of the counties, composing any such circuit, by their petition filed with the Board of Commissioners of the county, present that the annual salaries of the Judges of such circuit is not adequate compensation for the services of such Judge, and should be increased in any sum to be specified in such petition, then it shall be the duty of the Board of Commissioners of such county, in open session, without delay, at either a regular or special session of such Board, to consider said petition and hear evidence thereon, and thereupon within the limits of such evidence, such Board of Commissioners may, by entry of record, fix and allow a certain sum in addition to or increase of the annual salary of such Judge of such Circuit Court, but in no case shall such Board of Commissioners make an allowance under this section in excess of the sum of $500.00 per annum, or in excess of the amount of the sum stated in said petition: Provided, That the salary of any Circuit Judge shall not be increased over $500.00 under the provisions of this act.

1375c. Paid by county. 4. Upon such allowance being made by the Board of Commissioners, the sum so allowed shall be payable only out of the treasury of the county in which such petition is required to be filed, and shall be payable quarterly upon warrants drawn by the Auditor of such county, upon the Treasurer thereof, and from and after date of such allowance by such Board the same shall be held as an addition to the annual salary of such Judge as otherwise fixed and provided by law.

[1899 S., p. 374. Approved March 2, 1899.]

1375d. Judges salary,- certain counties. 1. That in any circuit or superior court district of this State which contains twenty-five million taxables or more, or forty-five thousand population or over, the salary of the judge of any such circuit or district shall be a sum equal to eighty dollars for each million of taxables, and twenty-five dollars for each thousand population; fractions over one-half shall be taken as a whole unit; such salary to be paid quarterly out of the State Treasury, but in no event to exceed in the aggregate the sum of thirty hundred dollars per annum.

1375e. Computing taxable wealth. 2. In computing the taxable wealth and population of a circuit or judicial district, for the purposes of this act, the taxable wealth of the circuit or district shall be taken to be the aggregate amount of taxable property as shown by the tax duplicates of the county or counties composing such circuit or district for the year next preceding the beginning of the term of office of the judge; and the population shall be taken to be the total population of such county or counties as shown by the last preceding census of the United States: Provided, That in any county which is a cir

cult or forms a part of one circuit or judicial district, and is also in another, the taxable wealth and population of such county shall be divided and prorated between the judges in such circuit or district according to the time each is required by law to hold court in such county.

1375f. Judges now in office. 3. As to judges now in office, the serv

ices required of whom bring them within the provisions of this act, the taxable wealth of the circuit or judicial district shall be taken to be the total taxables of the circuit or district, computed as in section 2 of this act provided, and based on the tax duplicate for the year 1898, and the population as shown by the last United States census: Provided, That those whose terms extend beyond, at the beginning of the year 1901, may have the total population taken to be as shown by the census taken by the United States for the year 1900.

1375g. Where court is abolished. 4. If in any circuit or judicial district, one of the courts shall be abolished after the beginning of the term of office of the remaining judge, or if an additional county or counties shall be added so that the taxable wealth or population represented by such judge shall bring the services of such judge up to that prescribed in sections one and two of this act, then in that event, such judge for the remaining portion of his term shall be entitled to the compensation herein fixed, the same as if such circuit or judicial district had the required population or taxable weaith at the beginning of his term of office.

1375h. Act construed. 5. This act shall not be construed to increase the salaries of the judges of any circuit or superior court in any county where the annual salary of the judge has been increased to three thousand dollars or more, under and by virtue of the provisions of an act appoved March 4, 1893 (Acts 1893, pages 341, 342), and as amended in 1895, approved March 8, 1895 (Acts 1895, pages 163 and 164), whle any such judge may receive the increased salary as therein provided for. [1895 S., p. 298. In force March 11, 1895.]

1376. Salary of Criminal Judges. 1. That an annual salary of $2,500,00 shall be allowed to each of the Judges of the Criminal Courts, to be paid quarterly out of the treasury of the county in which said court is established: Provided, however, that in all counties having a city with a population of 100,000, or more, the salary of said Criminal Court Judge shall be $3,200.00 annually, to be paid quarterly out of said county treasury as aforesaid.

[1885, p. 114. In force April 2, 1885.]

1379. Term prolonged to finish trial. 325. If at the expiration of the time fixed by law for the continuance of the term of any Court the trial of a cause shall be progressing, said Court may continue its sitting beyond such time, and require the attendance of the jury and witnesses, and do, transact, and enforce all other matters which shall be necessary for the determination of such cause; and in such case, the term of said Court shall not be deemed to be ended, until the cause shall have been fully disposed of by the Court.

[1881 S., p. 240. In force September 19, 1881.]

1380. Adjourned terms. 260. When the business pending in any of the Courts of this State shall remain undisposed of at the close of any term of Court, the Judge may adjourn the Court to any other time in vacation (of which notice shall be published in some newspaper of general circulation in the county), and, at such adjourned time, proceed with the business of the Court, as a part of the regular term of said Court at which the adjournment was ordered; and all parties, witnesses, jurors and officers shall attend as they were required to do at the regular term. Where changes of venue are taken from the presiding Judge, or he is otherwise incompetent to sit in causes, all such cases as require some other Judge to try the same may be set for trial at such adjourned term, with all other causes. And such adjourned term may be had to try causes on change of venue only; or any special cases, only, may be set for any adjourned term. such adjourned term may be held for the transaction of business during the pleasure of the Court while the business requires it; but the Judge shall not be precluded from fixing any case for trial during any regular term, when the venue is changed from the Judge.

And

1381. Absence of Judge-Special Judge. 261. If, during any session of Court, by reason of death, sickness, or other casualty, any Judge shall be prevented from presiding, so that the Court will lapse; and if at any term of Court the Judge shall fail to attend, or during the term shall fail to appear for any period of three days, the Sheriff may adjourn the Court from day to day. And on failure to so appear during the term, the Clerk, Sheriff, and Auditor (and in case of

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the absence of either, either two, with the Recorder of the county) may elect any competent and reputable attorney to act as Judge; who, if he accept, shall qualify as other Judges, and his appointment, with the reason therefor, and his oath shall be spread on the order book. And such Judge, so selected, may preside until the return of the regular Judge, or in case of death, until his successor be named. And in any case of vacancy during term, or if the Judge be required to be absent during term, such appointment may be made until a successor shall be named by the proper authority.

1382. When Sheriff adjourns from day to day. 262. Should it happen that any adjourned term of Court, presided over by a Judge appointed for the purpose, be extended so as to include the time set apart for the Court in any other county of that circuit, the resident Judge may proceed to hold the Court in such other county while such adjourned term is being held; and should the resident Judge be presiding at an adjourned term, and the trial of any cause should extend the term so as to reach into the time for Court in any other county of the circuit, the trial may be concluded, and the Sheriff in such other county shall adjourn the Court from day to day until the trial of such cause is concluded, and the appearance of the presiding Judge of said Court, unless he shall not appear by the end of the third day, in which case a Judge may be selected by the Clerk, Sheriff, and Auditor, as in the preceding section provided, to preside until the appearance of the resident Judge.

[1877, p. 28. In force March 7, 1877.]

1383. When special Judge selected. 4. It shall be competent for the regular Judge of a Court, in all cases where he can not preside, to order that a Judge be appointed as follows: He shall name three competent and reputable attorneys. The plaintiff shall strike out the name of one, the defendant the name of one, and the person whose name remains shall be appointed Judge in such case: Provided, however, That if either party fail or refuse to strike off the name of the attorney selected, such Judge may do so for him, and the appointment and oath shall be filed and entered of record. It shall be competent for parties to a cause to agree upon some person to try the same where the presiding Judge is incompetent; and, in such case, the agreement may be presented to the Court, be filed with the Clerk, and such person shall be appointed by the Court, and be qualified as hereinbefore provided; but such agreement may not be made in case a Judge has otherwise been appointed to hold a term, or any part thereof, who is competent to try the cause.

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In force March 1, 1855.]

1383a. Appointment of Judge pro tem. 4. If, from any cause, any judge of a circuit court shall be unable to attend and preside at any term of said court, or during any day or part of such term, such judge, or in his absence, or when he shall be unable to make such appointment, the clerk, auditor, and sheriff of the proper county, or a majority of them, may appoint, in writing, any other judge of a court of record of this state, or any attorney thereof eligible to the office of such a judge, to preside at such term, or during any day or part of said term. Such written appointment shall be entered on the order book of such court, and such appointee shall, after being sworn, if he be not a judge of a court of record, conduct the business of such court, subject to the same rules and regulations that govern circuit courts in other cases, and shall have the same authority, during the continuance of his appointment, as the judge elect, or making such appointment. Such appointee shall be allowed four dollars, if not otherwise paid, for every day he shall so serve, and in going to and returning from the place of holding such court, to be paid out of the annual compensation of such circuit judge, upon a certificate of the number of days served, signed and attested by the clerk of such court, being presented to the auditor of state, who shall issue his warrant on the state treasury for the amount due such appointee: Provided, That if the absence of said judge be caused by his sickness, such appointee shall be paid a like amount, and in like manner, as provided for the payment of appointees in section second hereof.

1. This statute is still in force.-Burrell v. State, 129 Ind. 290.

[1881 S., p. 240. In force September 19, 1881.]

1384. Special Judges in vacation. 866. Whenever, in vacation, the Judge of any Court is asked to grant an interlocutory or special order, and such Judge is interested in the cause or incompetent, he shall take no other steps in such matter except to fix another time and place for such hearing, and call some other Judge to act in such proceeding. Or if it shall be difficult, in the opinion of such Judge, for any cause, to procure the attend

ance of another Judge, such Judge, in order to prevent delay, may appoint any competent and disinterested attorney of this State to act as Judge in such proceeding, who, if he consent to act, shall be qualified as other Judges; and his appointment and oath shall be filed with the papers in such proceeding. And such Judge or attorney, so called or appointed, shall have the same power, during such vacation, to hear and determine such matter, and grant or refuse the order prayed for, as if he were the regular Judge of said Court.

[1881 S., p. 557. In force April 15, 1881.]

1385. Jury Commissioners - Oath-Instructions. 1. That the Circuit Court shall, during the last term beginning in each calendar year, appoint for the next calendar year two persons, one of whom shall be a resident of the town or city in which the terms of the court shall be held, as jury commissioners, who shall be freeholders and voters of the county, well-known to be of opposite politics, and of good character for intelligence, morality and integrity, and cause them to appear and take an oath or affirmation in open court, to be entered of record in the order book of the court in the following form: "You do solemnly swear (or affirm) that you will honestly, and without favor or prejudice, perform the duties of jury commissioners during your term of office; that, in selecting persons to be drawn as jurors, you will select none but persons whom you believe to be of good repute for intelligence and honesty; that you will select none whom you have been or may be requested to select; and that, in all of your selections, you will endeavor to promote only the impartial administration of justice." The court shall thereupon instruct them concerning their duties. [As amended 1899 S., p. 428. In force March 4, 1899.

1386. Selection of names for jurors. 2. Said Commissioners shall, immediately, from the names of legal voters and citizens of the United States on the tax duplicate of the county for the current year, proceed to select, and deposit in a box to be furnished by the Clerk for that purpose, the names, written on separate slips of paper, of uniform shape, size, and color, of twice as many persons as will be required by law for grand and petit jurors in the Courts of the county, for all the terms of such Courts to commence within the calendar year next ensuing. Such selection shall be made, as nearly as may be, in equal numbers from each County Commissioners' district. In making such selections, they shall, in all things, observe their oath; and they shall not select the name of any person who is not a voter of the county, or who is not either a freeholder or householder, or who is to them known to be interested in or has a cause pending which may be tried by a jury to be drawn from the names so selected. They shall deliver the box, locked, to the Clerk of the Circuit Court, after having deposited therein the names as herein directed. The key shall be retained by one of the Commissioners not of the same politics of the Clerk.

1387. Grand and petit, how drawn. 3. Within a period not more than one week preceding the commencement of any term of any Criminal Court, or Circuit Court where there is no Criminal Court authorized, the Clerk, having first well shaken the box, shall open the same, and draw therefrom six names of competent persons, who shall be summoned as the grand jury for such ensuing term; and he shall issue a venire therefor as the Court or Judge, in vacation, may direct. He shall at the time of drawing such grand jury enter a list of the names so drawn upon the order-book of the Court, and annex his certificate of the fact. He shall also, within the same period preceding any term of the Circuit, Superior, cr Criminal Court,

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