held. § 2. There shall be an election holden in the counties Election to above named on the second Monday of March next, for the election of circuit judge of said circuit and of a state's attorney therefor, which election shall be conducted, the returns made and canvassed in the manner provided by the constitution and laws of this state. Said judge and state's attorney, when elected, commissioned and qualified, shall hold their offices until the next general election of judges and state's attorneys, as provided by the constitution, and until their successors are elected and qualified. § 3. The said circuit judge and state's attorney, when Jurisdiction. elected and qualified, shall exercise all the powers, perform all the duties now conferred upon and exercised by similar officers under the constitution and laws of this state, and shall receive therefor the same compensation that other judges and state's attorneys are entitled to receive by the constitution and laws of this state. §4. The judges and state's attorney now having jurisdiction and exercising authority within said counties, shall hold and exercise such jurisdiction and authority until the judge and state's attorney in this act provided for the judicial circuit herein created shall be elected, commissioned and qualified. § 5. All writs, recognizances and process which may Process. have been or may be issued and made returnable to the terms of court in said counties, as now required to be holden, shall be deemed and taken to be returnable to the terms of said courts as established by this act. And all notices which may have been given, either by publication or otherwise, with reference to the terms heretofore established in said counties, shall by force of this act refer to the terms of court as herein established; and all proceedings pending in the courts of said counties shall be taken up, heard and disposed of at the several terms herein established, as if no alteration had been made in the times of holding said courts. § 6. It shall be the duty of the secretary of state to cause a certified copy of this act to be immediately transmitted to the clerks of the circuit and county courts of said counties establishing the circuit hereby created, and the clerks of the county courts of said counties shall issue notices for said election to the sheriffs of said counties, notifying the qualified electors of said counties, which shall be posted up by the sheriffs in the several towns and precincts in said counties in the same manner as now provided by the constitution and laws of this state for holding general elections. This act to be in force from and after its passage. APPROVED Feb. 7, 1857. be In force Feb. 7, AN ACT to change the time of holding courts in the fourteenth judicial circuit. 1857. Times of holding courts. Process. SECTION 1. Be it enacted by the people of the state of Illinois, represented in the General Assembly, That hereaf ter the circuit courts shall be holden at the respective county seats of the counties composing the fourteenth judicial circuit at the times following, to wit: In the county of Jo Daviess, on the third Monday in October, on the second Monday in March, on the third Monday in May, and on the third Monday in August. In the county of Stephenson, on the first Monday in September, on the first Monday in December, and on the first Monday in April. In the county of Winnebago, on the fourth Monday of September, on the first Monday of February, and on the fourth Monday in April in each and every year. § 2. All writs and process which may have been or may be issued and made returnable to the terms of courts in said counties, as heretofore required to be holden, shall be deemed and taken to be returnable to said terms of the courts as required to be holden under this act, and all notices which may have been given, either by publication or otherwise, in reference to the terms as heretofore required to be held, and all proceedings pending in said courts, shall be taken up and disposed of as if no alteration had been made in the time of holding said courts. § 3. All acts and parts of acts conflicting with the provisions of this act shall be and the same are hereby repealed. § 4. This act to take effect and be in force from and after the first day of April next. APPROVED Feb. 7, 1857. 1857. In force Feb. 14, AN ACT to change the time of holding courts in the seventh and thirteenth judicial circuits, and to regulate the practice therein, and in the Cook county court of common pleas. SECTION 1. Be it enacted by the people of the state of Illinois, represented in General Assembly, That the vacaVacation terms. tion terms of the circuit court of Cook county shall hereafter be held on the first Monday of March and the second Monday of October, and the trial terms of said court on the second Monday of April and the third Monday of November. Terms of holding courts. § 2. That the terms of the Lake county circuit court shall hereafter be held on the first Mondays of February and June, and the fourth Monday of September in each year. § 3. That from and after the first day of July next the circuit courts in the thirteenth judicial circuit shall be held as follows: In the county of Kane, on the third Monday in January and on the second Mondays of May and November in each year. In the county of Boone, on the last Mondays in February and September. In the county of De Kalb, on the first Mondays in April and October. In the county of McHenry, on the Tuesdays after the third Mondays in April and October. The January and November terms of the Kane county circuit court shall be held for the transaction of civil and criminal business, and all writs, recognizances and other processes or papers appertaining to criminal business shall be made returnable to said terms. The May term of said court shall be held for the transaction of civil business only, except in cases now provided for by law in reference to said term. § 4. That no rights shall be prejudiced by the changes Process. hereby made in the terms of said courts, and that all process, bail bonds, suits, recognizances, indictments, and proceedings of every nature, civil and criminal, shall be deemed to have been continued or made returnable to the terms herein established, and the same shall be proceeded in and have the like force and effect as if so made returnable or continued. § 5. That the fourth and fifth sections of an act enti- Sections of acts tled "An act to provide for the election of certain officers therein named," approved February 6th, 1849, as amended by the seventeenth (17th) section of an act entitled "An act to regulate the practice in the circuit court of Cook county, and the Cook county court of common pleas," approved February 12th, 1853, shall apply to and be in force in said seventh and thirteenth judicial circuits, in relation to all suits now pending or hereafter brought therein. to apply. § 6. That it is hereby declared to have been and to be Power to asesss the true intent and construction of the said act regulating damages. the practice in the circuit court and Cook county court of common pleas, that the said court shall have power to assess damages, enter judgment and award execution at the vacation terms of said courts in all cases arising ex contracto or ex delicto, where the defendant shall have been duly served with process, and shall make default whether the party has been served with a copy of the declaration and rules to plead or not. missed. § 7. That all suits pending in the said circuit court of Suits may be disCook county and Cook county court of common pleas, at any trial or vacation term of said courts, by appeal from any inferior court or jurisdiction, may be dismissed by said Judgmeuts may be entered vacation. courts at either of said terms, whether the appellee § 8. That judgments may be entered in vacation in the in said circuit court of Cook county and Cook county court of common pleas, in all suits brought on any instrument of writing for the payment of money only where the defendant shall make default after being duly served with process and a copy of the declaration and rule to plead not less than fifteen days before the entry thereof, where the defendant is a resident of said county, or twenty days where he resides without the county; and said courts shall be considered as always open for the entry of such judgments by default or judgment by confession, and judgment so entered shall have like force and effect as if entered in term time: Provided, that before the entry of such judgment by default, the plaintiff shall file with the clerk an affidavit, by himself or agent, that the debt is bona fide one and that there are no just discounts or set-offs thereto. § 9. That this act shall take effect and be in force from and after its passage. APPROVED Jan. 14, 1857. In force Feb. 11, AN ACT declaring what counties shall compose the eighth judicial circuit, and fix the times of holding the courts and regulate the practice in said circuit. 1857, Time of holding courts. SECTION 1. Be it enacted by the people of the state of Illinois, represented in the General Assembly, That here after the following counties shall compose the eighth judicial circuit, to wit: the counties of Logan, McLean, De Witt, Champaign and Vermilion. § 2. That hereafter the circuit courts shall be holden at the respective county seats of the counties composing the eighth judicial circuit, at the times following, to wit: SPRING TERM. De Witt, on the first Monday of March. FALL TERM. McLean, on the first Monday of September. WINTER TERM. McLean on the second Monday of December. There shall be no grand jury at said winter term, unless Grand jury. in the opinion of the judge of said court it shall be necessary, in which case he shall issue his order to the sheriff of said county, requiring him to summon a grand jury to attend said term, and the sheriff shall execute and return to said court said order, and the persons so summoned shall be a grand jury for said term. § 3. All writs, subpoenas, recognizances and other Process. process which may have been or may be issued and made. returnable to the terms of the circuit courts in said counties, as heretofore required to be holden, shall be deemed and taken to be returnable to the said terms of the circuit court in said counties as herein required to be holden; and all notices which may have been given, either by publication or otherwise, with reference to the term as heretofore required to be holden, shall, by force of this act, refer to the term of the court required to be held under this act in said counties; and all proceedings pending in said courts shall be taken up and proceeded with as if no alteration had been made in the time of holding said courts. § 4. That in all suits at common law in the circuit courts of said circuit where interlocutory judgments shall be given upon the default of any defendant and the action is founded upon contract, whether such contract be in writing or otherwise and the damages are unliquidated and do not rest in computation, the said court may, in its discretion, without the intervention or empanneling of a jury, hear evidence and assess damages and enter final judgment therefor. Special term may § 5. The judge of said court may, when he shall deem it for the public interest, call a special term of the circuit be called. court in any county of said circuit, for the transaction of either criminal, chancery or common law business exclusively; and when a special term shall be called for doing chancery business exclusively no jurors shall be summoned, and when called for the transaction of common law business exclusively no grand jury shall be summoned to attend said terms. 6. This act shall take effect and be in force from and after its passage; and the secretary of state is directed to have the same printed and to transmit without delay five |