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Election of Judges.

Section 5. At the general election of county officers to be held in the year 1918, and at every similar election every fourth year thereafter, the qualified electors of such county wherein a superior court has been established, as provided in this act, shall elect a judge of said court for such county to serve from the second Monday of the following January until the second Monday of January four years thereafter and until his successor shall be elected and qualified.

Procedure-Jury Lists-Appeals.

Section 6. The procedure in said court shall follow the procedure that is or may be provided for the district court. The juries for said court shall be selected in the same manner as juries for the district court, and the jury commissioners of all counties in which a superior court is created by operation of this act, whenever they meet to make jury lists for the district court shall make an additional certified list of jurors of the same number as for the district court and mark the same “Jury List No. 3, for the Superior Court" and shall deliver the same to the court clerk, and said clerk and the sheriff of the county shall select from said list the jurors for the superior court in the same manner as for the district court, juries in said court shall be composed of the same number of men of the same qualifications as in the district court, and all laws relative to juries and jurors for district courts shall be, and are hereby made applicable to the said superior courts. Appeals from said court shall be taken to the Supreme Court of the State and to the Criminal Court of Appeals of the State, in the same manner as is now or may hereafter be provided by law for taking appeals from the district court to said Appellate Courts.

Fees, Fines, Forfeitures—How Used.

Section 7. All fees, fines and forfeitures imposed by said court and collected by the court clerk in said court,

and the fees of witnesses appearing before such court, shall be the same as provided by law for the district court in similar matters, and all fees, fines and forfeitures in said court shall be collected and paid in to the court fund of said county and used to defray the expenses of such court.

Stenographer.

Section 8. The judge of said court shall appoint a stenographer whose fees and compensation shall be the same as provided by law for like services rendered by the stenographer for the district court, and he shall be paid by the county in which the court is located, and the court clerk shall tax the same fee for stenographers as is provided by law for the payment of stenographers in district courts.

Sheriff and Attorneys to Act.

Section 9. The county attorney and sheriff of every county wherein such a court shall be established shall appear in said court and therein perform all services for the State and county in the same manner, and exercise the same powers as provided by law in relation to the district court and processes issued therefrom.

Compensation of Judge.

Section 10. The judge of the superior court of each county shall receive as full compensation the following salary; in counties having a population of not to exceed fifty thousand, the sum of two thousand eight hundred dollars per annum; and in counties in excess of fifty thousand in population, the sum of three thousand dollars per annum. The salary of such superior judge shall be paid out of the court fund of the county in which said superior court is located.

Vacancies-Effect of Act.

Section 11. In all counties where said superior courts are by this act created, the present judges of the Superior Courts existing under prior laws, shall hold and continue in office until the expiration of their terms as provided by law, and all vacancies in the office of judge of the superior court shall be filled by the appointment of the Governor, and in all counties where the superior court ceases to exist by reason of this act or prior law, the judges and stenographers of such courts shall cease to be officers of the State and county and shall be entitled to no salaries or emoluments thereafter.

Cases Pending in Courts Abolished-Transfers-Records.

Section 12. All causes, proceedings or matters, civil and criminal, pending in any superior court which ceases to exist by reason of this act or prior laws, of which the district court of such county has original jurisdiction, shall be transferred to and stand for hearing, trial or determination in such district court as if such causes, proceedings or matters had been originally commenced or instituted therein, and such district court shall be the successor of such superior court as to all matters originating in such superior court and the clerk of any such superior court shall transfer and deliver to the court clerk of his county all books, records, dockets, files and papers in his possession, except the files and papers in causes herein authorized to be transferred to the county court.

Cases Pending-County Court's Jurisdiction-Transfer-Duty of Clerk

Section 13. All causes, proceedings or matters, civil and criminal, pending in any superior court which ceases to exist by reason of this act or prior laws, of which the county court has exclusive original jurisdiction, shall be transferred to and stand for trial, hearing or determination in the county court of the county where such superior court is located, the same as if such causes, proceedings or matters had been originally commenced in such county court; and said county court shall be the successor of such superior court as to all such causes, proceedings or matters. The clerk of the superior court, shall before vacating his offiee, make a complete list of all such cases and deliver the same, together with all original files and papers in such causes and proceedings, to the court clerk of his county. For the purpose of carrying out the provisions of this act, the clerk of any superior court abolished by this act, shall remain in office for a period of thirty days after such court shall cease to exist, within which time he shall complete the record of all proceedings had in such court and make transfer and delivery of the books, records, files and papers of the court of which he was clerk, as herein required. He shall also make and file with the board of county commissioners his final report and settlement, and account for and pay to the county, or to his successor in office, as herein designated, all moneys in his hands which come into his possession by virtue of his office.

Appealed Cases-Remand on Reversal.

Section 14. Any causes pending on appeal in civil or criminal cases from the judgment or order of any superior court which ceases to exist by reason of this act or prior laws shall on reversal be remanded to the district court for further proceedings, and if affirmed, the mandate shall issue to the district court; any and all cases pending on appeal in misdemeanor cases from the judgment or order of any superior court which ceases to exist by reason of this act or prior laws, shall, on disposition of such appeal, be remanded to the county court.

Transfer of Cases From One Court to Another.

Section 15. The district court or judge thereof in any county wherein a superior court exists may, in his discretion, at any time transfer any cause pending and undetermined therein to the superior court of said county. The superior court or judge thereof may, at any time, in his discretion, transfer to the district court of said county any cause pending and undetermined therein which may be within the jurisdiction of the district court. The county court or judge thereof, may at any time, in his discretion, transfer any cause pending therein, except probate matters, to the superior court. Upon such transfer being made, such cause shall stand for trial in the court to which it has been so transferred as if it had been originally filed therein, and in such cases the court clerk shall transfer the original files to the court to which said cause has been so transferred.

Time for Appeal in Case of Vacancy.

Section 16. In the event of a vacancy in the office of judge of the superior court of any county, any person who was given time to make, serve and settle a case for appeal from any order or judgment of the superior court, and was prevented by the disability or death of the judge of said court from getting such case settled and signed, shall have thirty days from the taking effect of this act in which to procure the allowance, settlement and signing of such case, and the judge of the district court shall have the power to allow, settle and sign the same as the judge of the superior court.

Courts Created Successors to Former Courts.

Section 17. The superior courts created by this act shall be the successors of the superior courts existing under prior laws in the counties in which are located the courts created by this act as to all matters now pending in such courts.

Repeal of Conflicting Acts.

Section 18. Article 1, chapter 20, Revised Laws of Oklahoma, 1910, and all other acts and parts of acts in conflict herewith are hereby repealed.

Former Act-Courts Abolished-Transfer of Cases.

Section 19. Immediately upon the taking effect of this Act; if the same has not already been done, pursuant to the authority attempted to be conferred by the act approved March 23, 1913; known as House Bill No. 370, all causes, civil or criminal pending in the superior courts, abolished by this act, of which the district court of such county has original jurisdiction, are hereby transferred for hearing, trial and determination, or any other proceedings proper

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