1595t. Juries.-20. The selection of a petit jury shall be made in the same manner as is now provided by law for the selection of a petit jury in the Vigo circuit court and all officers in selecting said petit jury, and the clerk, in issuing process for said jury, and the sheriff in serving the same, shall in all things be governed by the rules and regulations now prescribed, or which shall hereafter be prescribed by laws for the selection of petit jurors in the Vigo circuit court: Provided, That said court may order on what day of the term said jurors shall be summoned to attend said court. The judge of said court may order the selecting and summoning of other jurors for said court whenever the same may be necessary. 1595u. Jury and witness fees.-21. Jurors and witnesses in attendance upon such court, shall receive the same fees now provided by law for jurors and witnesses in the Vigo circuit court. 1595v. Appeals.-22. In all cases where, under existing or future laws of this state, a person has the right of appeal from the circuit court, or the judge thereof in vacation, to the appellate or supreme court, an appeal may be had from said superior court of Vigo county, No. Two, or the judge thereof in vacation. 1595w. Salary of judge.-23. The judge of said court shall receive the same salary as is now provided by law to be paid to the judge of the existing 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 paid. 1595x. Appointment of judge.-24. It is hereby declared that on the taking effect of this act there is a vacancy in the office of judge of said superior court of Vigo county, No. Two, and the governor shall fill said vacancy by appointment, and the person so appointed shall hold his office until such time as an election is provided for in this act, and until his successor is elected and qualified. 1595y. Transfer of pending cases.-25. In order to relieve the present docket of the superior court of Vigo county, the said superior court of Vigo county, by an order entered upon its record within five (5) days from the taking effect of this act, shall transfer to the docket of said superior court of Vigo county No. Two, one-half of the cases now pending in the said superior court of Vigo county, taking them alternately as they are now on the docket of the said superior court of Vigo county, retaining in said superior court of Vigo county, the first case now on said docket and undisposed of, and sending the next case chronological order to the superior court of Vigo county, No. Two, and containing [continuing] such process, taking them alternately as they now are on the docket of said superior court of Vigo county. The clerk shall send all the original papers in such causes and shall not make any transcript of the proceedings had in said superior court of Vigo county, now existing, and said superior court of Vigo county, No. Two, shall have the same jurisdiction to try and determine said cause, and render judgment therein as though such cases had been originally commenced in said superior court of Vigo county, No. Two: Provided, however, That if a joint stipulation be filed with the existing superior court of Vigo county, signed by all the parties plaintiff thereto, and all the parties defendant on whom service has been had, either in person or by their attorneys, requesting said superior court of Vigo county now existing to retain such case on the docket of said superior court of Vigo county, then in such event such case shall be retained in said superior court of Vigo county, and shall not be counted in determining each alternate case as hereinbefore provided: Provided, further, That any cases now pending, or which shall hereafter be filed, may be transferred from either superior court to the other, by the filing of a petition therefor, by all the parties plaintiff thereto, and by all the parties defendant, on whom service has been had, after the return day thereof. It shall not be required that any defendant or any party who has been defaulted shall sign such petition. In case of any transfer as provided in this section, the clerk shall send all the original papers in such causes to the court to which it is transferred, and shall not make any transcript of the proceedings had in said superior court from which it is so transferred; and said superior court to which such cause shall be transferred, shall have the same jurisdiction to try and determine said causes and render judgment therein as though they had been originally commenced in said court. No cause shall be transferred, which shall have reached the stage where a trial of the case has been begun; nor at any stage thereafter, except the court in his discretion may transfer such cause upon the signed application, which application shall be signed by all the parties plaintiff, and all the parties defendant, either in person or by attorneys, on whom process has been served, and who have not been defaulted. 1595z. Change of venue, transcripts, appeal.-26. Whenever any cause shall have been transferred as provided in the preceding section. and without a transcript having been made, and such cause shall be taken on a change of venue to the court of another county, or if any such cause shall be appealed to the appellate court or the supreme court of the state from the court to which it is so transferred or any other court which shall thereafter obtain jurisdiction, then and in either such event, the party so procuring such change of venue, or such appeal, may have a transcript made of the proceedings in each of said courts and certified by the clerk of said courts respectively; and such transcripts so made shall have the same force and effect and give the court to which they are taken on change of venue or appeal, the same jurisdiction as though such transcripts had been originally made when such causes were transferred from one court to the other: Provided, further, That there shall be the same right and procedure in the transfer of cases from the Vigo circuit court to said superior court of Vigo county, No. Two, as is now provided by law for the transfer of causes from the Vigo circuit court to said superior court of Vigo county, hereinafter designated as superior court of Vigo county. 1595a1. Court reporter, bailiff, page and janitor.-27. The official court reporter, the bailiff, the page and the janitor of such court shall be selected by said court and serve, and receive such compensation as is now, or may hereafter be provided by law for the superior court of Vigo county, herein designated as superior court of Vigo county. SEC. ARTICLE 5.-CRIMINAL COURTS. SEC. 1604. Marion, Allen and Lake counties, 1604a. Clerk of Lake County, additionterm times. al salary. [Acts 1919, p. 748. In force March 14, 1919.] 1604. Marion, Allen and Lake Counties, term times.-7. Criminal courts are hereby established in each of the counties of Marion and Lake. Said courts shall commence their terms on the first Mondays of January and July of each year, which terms shall continue for six (6) months each, and shall at all times be open for criminal trials and proceedings, if the business of said courts shall require it. This section amends section 1604 Revision of 1914. Note-It is presumed the title of the above act should refer to Chapter 34, acts 1881, and not chapter 35 as therein stated. Section 7 of the act of 1881, p. 111, being section 1604 of the Revision of 1914, includes the criminal courts of the counties of Marion, Allen and Vigo, but the amended section 7, acts 1919, p. 748, refers to Marion and Lake counties. 1604a. Clerk of Lake County, additional salary.-2. The clerk of the circuit court of said county of Lake, as and for compensation for the additional services performed by him in attendance upon and performing his duties appertaining to said criminal court, shall receive one thousand ($1,000) dollars per annum, in addition to the salary nów otherwise provided by law for said clerk, which sum shall be payable out of the fees collected by him in said criminal court. This new section is section 2 of an act to amend section seven (7) of an act April 12th, 1881, being section 1604 Revision of 1914. Section 3 of the above act provides that the act be in force and effect from and after its passage. [Acts 1917, p. 520. Law without signature of governor.] 1615. Jurisdiction.-10. Said probate court within and for the county for which it is organized shall have original, exclusive jurisdiction in all matters pertaining to the probate of wills, the appointment of guardians, assignees, executors, administrators and trustees, and to the administration and settlement of estates of minors, persons of unsound mind, aged, infirm and improvident persons, habitual drunkards, insolvents, and deceased persons, and of trusts, assignments, adoptions and surviving partnerships, and all other probate matters, and shall have concurrent jurisdiction in the following matters: 2. Applications for the appointment of receivers and actions against corporations by either creditors or stockholders, or both. 3. Applications for writs of habeas corpus. 4. Proceedings to resist probate of wills and proceedings to con test wills. 5. Complaints to construe wills and to dissolve trusts. 6. All actions by and against executors, administrators, guardians, assignees and trustees. This act amends section 1615 of the Revised Statutes of 1914. Section 3 of the act of 1917 provides for the transfer by the probate court to the circuit and superior courts of pending suits for divorce, alimony or support; and for the transfer by the circuit and superior courts to the probate court of pending matters pertaining to the administration or settlement of trusts. Section 4 provides that the act shall be in force and effect from and after its passage. [Acts 1921, p. 106. In force February 28, 1921.] 1628. Clerk-Bailiff-Page.-23. Said probate judge shall appoint a chief clerk, assistant chief clerk, bailiff and page, whose salaries shall be fixed by said judge and to be paid out of the county treasury: Provided, That he first file with the county commissioners of such country a sworn statement setting out the increase in business of said court and the necessity of an addition to his clerical force, and procure an allowance from such board of county commissioners for such clerk, assistant chief clerk, bailiff and page and an appropriation therefor, by the county council. This section amends section 1628 Revision of Statutes of 1914. Section 2 of the above act provides that the act be in force and effect from and after its passage. [Acts 1919, p. 494. In force March 13, 1919.] 1629a. Vanderburgh Probate Court.-1. There is hereby created and established a probate court in the county of Vanderburgh to be known as the Vanderburgh Probate Court, to be presided over by one judge to be chosen as herein provided. 1629b. Court of Record-Seal.-2. Such court shall be a court of record, and shall have a seal and device, as the judge thereof may choose, and the name of the county on the face thereof; and a description and impression thereof shall be spread on the order book of the court. 1629c. Election of judges, vacancies filled by governor.-3. The said court shall consist of one judge, to be elected by the legal voters of said county for the term of four years, and until his successor shall be elected and qualified, said election shall be had at the first general election after the creation of such court and every four years thereafter. Said judge shall be commissioned by the governor in the same manner as judges of the circuit courts; and all vacancies occurring in the office of judge of such probate court shall be filled, by appointment by the governor, in the same manner as vacancies in the office of judge of the circuit court, and that on the taking effect of this act the governor shall appoint a judge for said court, which said appointee shall hold his office until his successor is elected and qualified. 1629d. Clerk and sheriff, fees.-4. The clerk of the circuit court and the sheriff of the county where such court is organized shall be respectively the clerk and sheriff of said court; and for their services they shall each be entitled to such fees as are or may be allowed in the circuit court for like services. 1629e. Duties of clerk and sheriff.-5. The clerk and sheriff shall attend said court and discharge all the duties pertaining to their respective offices as they are now or may hereafter be required to do, |