by law, in the circuit court; and all laws now in force, or which may be enacted, prescribing the duties and liability of such officers, and the mode of proceeding against them, or either of them for any neglect of official duty, allowing fees and providing for the collection thereof, in the circuit court, shall be held and deemed to extend to said probate court, as far as they apply.

1629f. Sessions of court, where held.-6. The said probate court shall hold its sessions at the court house of the county, or at such other convenient place as the board of county commissioners may provide at the county seat.

1629g. Terms of court.-7. The terms of said court shall commence on the first Monday of each month, except the months of July and August; but terms of said court may be held in said months for the transaction of business pending in the said court, if directed by said court; and the terms of said court shall be called after the different months in which they are held, and they may be continued and held from the time of their commencement every day (Sundays excepted) until and including the Saturday before the first Monday of the succeeding month.

See section 1461 for terms of Vanderburgh circuit court.

Adjournments:

1629h. Adjournments.-8. The judge of said court may adjourn the same on any day previous to the expiration of the time for which it may be held, and also from any one day in the term over to any other day in the same term, if in his opinion the business of the court will admit thereof.

16291. Extension of term.-9. Term extended, when: Whenever a trial is begun and in progress at the time when by law, the term of such court would expire, the term shall be extended until the close of such trial.

1629j. Jurisdiction of court.-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; proceedings to resist probate of wills and proceedings to contest wills, the appointment of guardians, assignees, executors, administrators and trustees, and 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, adoption and surviving partnerships, and all other probate matters, and shall have concurrent jurisdiction with the circuit court and the superior court of said county in all matters wherein the superior court of said county has jurisdiction.

1629k. Powers and duties of juvenile court conferred.-11. Said probate court and the judge thereof shall have and possess within and

for said county all the powers and duties now conferred on the juvenile court and the judge thereof and said probate court shall have exclusive jurisdiction in all matters relating to children, including juvenile delinquents, truants, neglected and dependent children, children petitioned for by the board of children's guardians, and in all cases wherein the custody and legal punishment of children is in question, and in all cases wherein persons are charged with contributing to or encouraging juvenile delinquency, and all such matters now pending in the juvenile court or circuit court shall be transferred to said probate court when established, and said probate court and the judge thereof shall be governed by all the laws now pertaining to the juvenile courts of this state.

16291. Probate and juvenile cases transferred to probate court.12. Probate causes to be transferred: Upon the organization of said probate court, all probate and juvenile causes pending in the circuit court of such county shall be transferred to such probate court. And all warrants, subpoenas, rules, orders of court, and other process which may have issued from the circuit court of such county, in probate causes, shall be returnable to the probate court upon the first day of the first term thereof to be holden; and said probate court shall have jurisdiction thereof, and proceed therein; and all proceedings in probate and juvenile causes in said court shall be conducted as proceedings are or may be required, by law, to be conducted in the circuit court in the counties having no probate court.

1629m. Judge competent to act in other courts.-13. When judge may hold other courts: Any judge of said probate court shall be competent to act as judge of any circuit court or superior court upon the trial of any cause or proceeding, when the judge of said circuit or superior court may be incompetent to try the cause; or a change of venue be granted for objection to the judge thereof.

1629n. May appoint judge pro tem.-14. Judge pro tem: If, from any cause any judge of said probate court shall be unable to attend and preside at any term of said court, or during any part of a term, such judge may appoint, in writing any attorney eligible to the office of such judge, at such term or part of a term. Such written appointment shall be entered of record in said court, and if the appointee is not a judge of a court of record he shall take the same oath required by law of judges of the probate court, and such appointee shall have the same power and authority during the continuance of his appointment as a regularly elected judge of said court.

16290. Compensation of judge pro tem.-15. Compensation of judge pro tem: Whenever any person shall be appointed judge pro tem under the provisions of this act he shall be entitled to five dollars

for each day he may serve as such judge, to be paid out of the county treasury, where such probate court is held, upon the warrant of the county auditor, based upon an allowance made therefor by the board of county commissioners. Any amount allowed to any judge pro tem, during any year shall be deducted by the board of county commissioners from the regular annual salary of the judge of such probate court, making the appointment, except where such judge pro tem shall be appointed on account of change of venue, relationship, interest as former counsel, or absence of judge in case of serious sickness of himself or family.

1629p. Form of process.-16. The process of said court shall have the seal affixed, and be attested, directed, served and returned, and be in form as is or may be provided for process issuing from the circuit court.

1629q. Court of record and jurisdiction.-17. Said court shall be a court of record and of general jurisdiction, and its judgments, decrees, orders and proceedings shall have the same force and effect as those of the circuit court and shall be enforced in the same manner.

1629r. Rules and regulations of court.-18. 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 this state, and shall have all the power incident to a court of record, in relation to the attendance of witnesses, the punishment of contempts, and enforcing its orders. And the judges of said court shall each have full authority to administer oaths, take and certify acknowledgments of deeds, and give all necessary certificates for the authentication of the records and proceedings in said court. 1629s. Separate dockets and records.-19. The clerk shall, under the direction of the judge, provide for said court order books, judgment dockets, execution dockets, fee books, and such other books as may be necessary; and all books, papers and proceedings of said court shall be kept distinct and separate from those of other courts.

1629t. Power to grant restraining orders, etc.-20. The judge of said court shall have the same power, in term or in vacation, to grant restraining orders, injunctions, and writ of ne exeat; to issue writs of habeas corpus, and of mandate and prohibition; to appoint receivers, master commissioners for the examination of witnesses, and to appoint other officers necessary to facilitate and transact the business of circuit courts.

1629u. Appeals to supreme court.-21. Appeal to supreme court; Any party may appeal to the supreme court or appellate court from the order or judgment of such court in any case where by existing or

future laws of this state, an appeal may be had from an order or judgment of the circuit court; the appeal shall be regulated by the law regulating appeals from the circuit court to the appellate and supreme courts, so far as applicable. An appeal may also be taken to the appellate and supreme courts in the same manner and in like cases as from circuit courts, or the judge thereof.

1629v. Taxing of docket fees.-22. Docket fees: The same docket fees shall be taxed in the said court as are now or may be provided by law to be taxed in the circuit court and the said fees, when collected, shall be paid by the clerk to the treasurer of the county to be applied in reimbursing the county for expenses of said court.

1629w. Salary of judge, payable monthly.-23. That the salary of the judge of such probate court shall be the same as that of the judge of the circuit court of the county wherein such probate court is organized, and shall be paid monthly out of the county treasury.

1629x. Appointment of chief clerk.-24. That said probate judge shall appoint a chief clerk and whose salary shall be fixed by said judge and be paid out of the county treasury: Provided, That he first file with the county commissioners of such county 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 and an appropriation therefor by the county council.

Said probate

1629y. Appointment of probation officers.-25. judge shall appoint such probation officers as are now required by law to be appointed by the judge of the circuit court, which probation officers shall perform the same duties and receive the same compensation as is now by law provided.

1629z. Appointment of court stenographer.-26. The judge of such probate court shall appoint a court stenographer whose duties, salary and term shall be regulated in the same manner as the court stenographer of the circuit court, Provided, however, Such stenographer shall only be called on trial of issues of fact when one or more of the parties in interest request that the evidence be taken.

Section 27 of the above act provides for the repeal of all laws and parts of laws in conflict therewith.

[Acts 1919, p. 820. Law without the signature of the Governor.] 1631. Probation officers, appointment, salary.-2. In every county of this state having a population of 25,000 inhabitants or under, according to the last preceding United States census, there may be appointed by the judge of the circuit court having jurisdiction, one discreet person of good moral character who shall be known as probation officer, and shall serve during the pleasure of the court, and shall receive for his or her services the sum of $3.00 per day for each day or part of a day he may be actually on duty, and he shall be allowed his actual and necessary expenses incurred in the performance of his duties. Provided, That in counties having a population of 25,000 or under according to the last preceding United States census, such probation officer may also serve as attendance officer.

In every county of this state [having] a population of more than 25,000 and under 50,000 inhabitants according to the last preceding United States census, there may be appointed by the judge of the circuit court having jurisdiction, one discreet person of good moral character who shall be known as probation officer, and shall serve during the pleasure of the court, and shall receive for his or her services a sum not to exceed $4.00 per day for each day or part of a day he may be actually on duty, and he shall be allowed his actual and necessary expenses incurred in the performance of his duties; Provided the judge of the circuit court in counties of less than 50,000 may appoint, in writing, one additional discreet person of good moral character, and may direct the person so appointed to perform the duties of probation officer, or assist therein, in any case or cases designated in said appointment. And such person so appointed shall be entitled to a like compensation as that of the regular probation officer provided for in this section.

In every county of this state having a population of more than 50,000 and under 100,000 inhabitants, according to the last preceding United States census, there shall be appointed by the judge of the circuit court having jurisdiction one person who shall be known as chief probation officer and there may be appointed one or more not exceeding two additional persons who shall be known as probation officers. Each of said officers shall be persons of discretion and of good moral character and shall serve during the pleasure of the court, and shall