[Acts 1917, p. 34. In force March 12, 1917.]

1520i. Clerk of court, office in Gary.-2. The clerk of the Lake circuit court shall be ex officio clerk of the Lake superior court and shall maintain an office in the city of Gary at the place maintained by the county commissioners as herein provided for the transaction of the business of room three (3) of this said court.

See section 1604a. Section 3 of the above act provides that the act shall be in force and effect from and after March 12, 1917.

1527. Lake superior court, jurisdiction.

The Lake superior court has no jurisdiction of a suit to contest a will that was admitted to probate by the circuit court of such county. Marchant v. Olson, 184 Ind. 17, 110 N. E. 200.

The Grant superior court has power to vacate an order granting a new trial as of right, made by the circuit court prior to change of venue taken. Trook v. Trook, 63 App. 272, 110 N. E. 1004, 113 N. E. 730.

[Acts 1921, p. 421. In force March 10, 1921.]

1573c. Saint Joseph Superior Court Number Two.-1. There shall be and is hereby established an additional superior court in Saint Joseph county, Indiana, which shall consist of one judge, who shall hold his office for four (4) years, and until his successor shall have been elected and qualified, if he shall so long behave well; such judge shall be elected at the general election next after the taking effect of this act, and at each general election every fourth year thereafter and his term of office shall commence on the first day of January, 1923. Said court shall be named and styled "Saint Joseph Superior Court, Number Two."

1573d. Court seal.-2. The judge of the Saint Joseph Superior Court, Number Two, shall cause to be provided a seal for said court, which shall contain on its face the words: "Saint Joseph Superior Court, Number Two, Saint Joseph county, Indiana," and when said seal is once adopted, the same shall continue without change or alteration. A description of said seal, together with an impression of the same, shall be spread upon the order book of said court. All process. of said court shall have the seal of said court affixed by the clerk of said court, who shall be the custodian of said seal and such process shall be issued by the clerk of said court and be attested, directed, served and returned, and shall be in such form as now is, or may hereafter be provided for process issuing from the Saint Joseph circuit court.

1573e. Jurisdiction.-3. Said Saint Joseph Superior Court, Number Two, shall have original appellate and concurrent jurisdiction with the Saint Joseph circuit court, in all cases, proceedings and ac

tions in law and in equity whatsoever, and in all criminal cases and actions for divorce or separation, and in all matters of probate and the settlement of decedents' estates and in all other causes, matters and proceedings, together with all the powers now possessed by the Saint Joseph circuit court, hereby granting and extending full and complete jurisdiction over and upon all subject matters of every kind and character now possessed, or which may hereafter be acquired by the Saint Joseph circuit court.

1573f. Clerk and sheriff, additional salary.-4. The clerk of the Saint Joseph circuit court and the sheriff of Saint Joseph county shall be respectively the clerk and sheriff of the Saint Joseph Superior Court, Number Two, and such clerk and such sheriff shall attend said court, and discharge all the duties pertaining to their respective offices as they are now or may be required to do by law in the circuit court. They shall be governed in all things by the laws now in force for the government in the circuit court. The clerk and sheriff as and for the services provided for in this act to be rendered by each of them, shall receive six hundred ($600.00) dollars each per annum, in addition to the salaries and remunerations otherwise provided for said officers, which sum shall be paid in the same manner and from the same source as are the salaries and fees now paid said officers for services in the [Saint] Joseph circuit court. All fees or remunerations or any part thereof, for services rendered by any of the officers of the court hereby created shall be paid to such officer or officers, and by them received, as are now paid to such officer or officers as and for fees in the Saint Joseph circuit court.

1573g. Prosecuting attorney, additional salary.-5. The prosecuting attorney of the sixtieth judicial circuit of Indiana shall prosecute the pleas of the State of Indiana in said superior court and shall discharge all of the duties of such prosecuting attorney in said court, as is now provided by law for the circuit court, and as and for compensation for the additional services performed by him in attending upon, and in discharging his duties of said court, shall receive six hundred ($600.00) dollars per annum, in addition to the salary and other remunerations now provided for said prosecuting attorney, which sum shall be appropriated and paid out of the general fund of said county to such prosecuting attorney in the same manner and at the time as he now receives his salary from said county.

1573h. Court of record and general jurisdiction.-6. Said court shall be a court of record and of general jurisdiction at law and equity, and of probate and criminal proceedings, and its judgments, decrees, orders and proceedings shall have the same force and effect as those of the Saint Joseph circuit court and other duly constituted courts of the State of Indiana and shall be enforced under, by and through

the law provided for the enforcement of orders, judgments and decrees, mandates and writs of whatever kind or character, of the circuit courts of the the State of Indiana.

1573i. Powers in vacation.-7. The Saint Joseph Superior Court, Number Two, or the judge thereof in vacation, shall have the power to issue and direct all process to courts of inferior jurisdiction to corporations and individuals and all commission boards or organized bodies created and existing by virtue of law, which shall be necessary in exercising the jurisdiction hereby conferred, and for the due and regular execution of the laws and to make all proper judgments, sentences, decrees, orders and injunctions and to issue or to order and direct the issue of all process, writs, orders and executions, and to do all such other acts as may be necessary to enforce and to carry into effect the same, in conformity to the laws of the State of Indiana.

1573j. Powers of court or judge.-8. The Saint Joseph Superior Court, Number Two, and the judge thereof in vacation, shall have the same power in term time or in vacation to grant restraining orders, injunctions and writs of ne exeat, writs of habeas corpus and of mandates and prohibition, to appoint receivers, master commissioners and commissioners to convey real property and to grant commissions for the examination of witnesses, and to appoint officers necessary to facilitate and transact the business of said court as is now, or may hereafter be conferred on circuit courts or the judge thereof.

1573k. Rules and regulations.-9. The judge of said court shall have full power and authority to make and adopt rules and regulations for conducting the business of the court, not repugnant to the laws of the state, and shall have all the power incident to a court of record in relation thereto, and in relation to the enforcing the attendance of witnesses, punishment for contempts and enforcing its orders; the judge of said court in open court, and in vacation, shall have full authority to administer oaths, take and certify acknowledgments of deeds, and to give all necessary certificates for the authentication of the records and proceedings of said court.

15731. Changes of venue.-10. Changes of venue, either from the court or from the county, shall be governed by the laws in respect thereto, now, or hereafter, in force, with reference to circuit courts and judges thereof, except as herein otherwise provided.

1573m. Appointment of special judges.-11. If the judge of the superior court, number two, shall deem himself incompetent to sit in any case he may decline and may thereupon appoint a special judge to try said cause, with the same effect and in the same manner and with the same authority and power as if a change of venue had been taken from said judge.

See section 1573b1.

1573n. Manner of change of venue.-12. Changes of venue may be had from circuit or superior courts to the superior court hereby created and from the superior court hereby created to any circuit or superior court having jurisdiction of the subject matter of the cause of action in the same manner that changes of venue are now provided for from and to the circuit courts of the state.

15730. Change of venue within county.-13. That if a change of venue is had from the judge of either the circuit or the superior courts of Saint Joseph county in any cause, such cause may and in case all parties therein, over whom the court has jurisdiction and who have not been defaulted, agree, shall be sent to the circuit or superior court of said county as the case may be and the original papers in such cause shall be transferred from one court to the other, no transcript being necessary, and the court to which said cause is so transferred shall have full and complete jurisdiction, both of the subject matter and of the person of said cause.

1573p. Appeals from justice of peace.-14. All appeals from a justice of the peace court, city court, board of county commissioners or other inferior tribunal, may be taken either to the Saint Joseph circuit court, to the St. Joseph superior court or to the Saint Joseph Superior Court, Number Two, as the justice of the peace or presiding officer of said court or tribunal may direct, in the same manner as such appeals are now taken to the Saint Joseph circuit court.

1573q. Terms and sessions.-15. The Saint Joseph Superior Court, Number Two, shall hold its sessions in the city of South Bend, Saint Joseph county, Indiana. It shall hold four terms of court annually, each of which said terms hereby created shall begin on the days indicated as follows, to-wit: The fourth Monday of September; the fourth Monday of December; the first Monday of March and the fourth Monday of May, in each and every year. The board of county commissioners of said county shall provide and shall maintain a suitable and convenient place for the holding of said superior court, and for the accommodation of the officers of said court, and the preservation of its records.

1573r. Practice and procedure.-16. The statutes and laws of Indiana governing practice, and manner of procedure in the circuit courts of Indiana now in force, or that may hereafter be enacted, shall be taken and held to apply to said superior court hereby created, and the practice and procedure in said superior court shall in all cases be the same as in the circuit courts of this state.

1573s. Separate records.-17. The clerk of Saint Joseph Superior Court, Number Two, under the direction of the court or the judge thereof, shall provide for order books, judgment dockets, execution dockets, fee books and such other books and materials as may be neces

sary, and all of the books, papers and proceedings of said court shall be kept distinct and separate from those of other courts.

1573t. Fees.-18. The same fees shall be taxed in said Saint Joseph Superior Court, Number Two, which are now, or may hereafter be provided by law to be taxed in the circuit court and said fees, when collected, shall be disbursed in the same manner as is now provided by law for disbursement of like fees in the circuit court.

1573u. Juries and jury commissioners.-19. The said superior court shall, during the last term beginning in each calendar year, appoint for the next calendar year two persons as jury commissioners, and the law made with reference to jury commissioners appointed by the circuit court, as now made or may hereafter be made, shall fully govern said jury commissioners as appointed by said superior court in all things, conditions and qualifications, and said jury commissioners shall prepare and draw the jury for said superior court as the law directs the same to be done by the jury commissioners for the circuit court, and the said superior court shall be governed by said law in the making of said appointments of said jury commissioners, and the clerk of the circuit court in issuing process for said jury, and the sheriff of said county in serving the same, shall in all things be governed by the law made for petit juries in the circuit court; Provided, That said superior court may order on what day of the term said jurors shall be summoned to attend said court, and that the judge of said court may order the selection and summoning of other jurors for said court whenever the same may be necessary, and if, at any time, a jury shall be not drawn, then the clerk of said court shall select from among the properly qualified residents of such county a jury for such term who shall be summoned and considered in all things as a regular panel of said court.

1573v. Jury commissioners for year of 1921.-20. For the calendar year 1921 such jury commissioners shall be appointed at the first term of said superior court which may be in session after this act takes effect.

1573w. Witness and jury fees.-21. Jurors and witnesses in attendance upon said court shall receive the same fees as are now or may be hereafter be provided for by law for jurors and witnesses in the circuit court.

1573x. Salary of judge.-22. The judge of said court shall receive the same salary as is now provided, or which may hereafter be provided by law to be paid to the judge of the Saint Joseph superior court, which salary shall be paid at the same time and in the same manner as the judge of the superior court is now or may hereafter be paid.