AN ACT to give a uniform organization and jurisdiction to inferior courts In force Feb. 10, of local jurisdiction in the cities in this state. 15. organ izetion and juri dietion ier d. SECTION 1. Be it enacted by the people of the state of Illinois, represented in the General Assembly, That every act establishing an inferior court of civil and criminal juris- Uniform diction in any city of this state, and all acts amendatory thereof, shall be so construed as to confer on such court a uniform organization and jurisdiction with the recorder's court of the city of Chicago and the court of common pleas of the city of Cairo, anything in any such act or acts to the contrary notwithstanding; and all jurisdiction conferred upon any such court, inconsistent with such organization and jurisdiction, is hereby repealed, or so far modified as to be consistent with the provisions of this act. 20. ereating inferior courts. § 2. This act shall be considered a part of all acts cre- Made put of all ating or in any manner relating to inferior courts in cities in this state, whether passed at this or any previous session of the general assembly; and no act which may be passed by the legislature at any session hereafter shall be eenstrued to repeal said courts or this act by implication. § 3. This act shall take effect and be in force from and after its passage. APPROVED Feb. 10, 1857. AN ACT to regulate the practice in the thirteenth judicial circuit. In force Feb. 16, 1837. fault. SECTION 1. Be it enacted by the people of the state of Illinois, represented in the General Assembly, That in all cases in the circuit courts in said circuit of judgments by Judgment by dedefault, the court may, without the intervention of a jury, assess the damages; and in all cases execution may issue forthwith upon the rendition of judgments: Provided, Proviso. the plaintiff in execution shall first file an affidavit of himself or some credible person, that the benefits of his judgment will be in danger of being lost unless execution issue forthwith. fus. ich. §2. That judgments by confession may be entered in Judent by consaid courts at any time in vacation, before the clerk, by filing the proper papers with the clerk, and such judgments shall have the same force and effect from the time of entry as if entered in term time. bonds. § 3. That actions upon penal bonds or other instruments Actions on, eniat in writing for the payment of mot ey only, in which the clerk can ascertain the amount due by computation, may be commenced and judgments entered by the clerks of said court in vacation, as follows: The plaintiff in such action shall file his declaration, together with a copy of the instrument on which suit is brought, and shall state at the foot of said copy (if his declaration contains the common counts) that the instrument declared upon is his only cause of action. Speerd sunim. ns § 4. Upon filing said declaration, the clerk shall at the instance of the plaintiff or his attorneys, issue a special summons, under the seal of the court, to the defendants named in said declaration; which summons shall be in substance, after the following form: Form. Time of service. Cory of deciaration. State of Illinois, county of } SS. The people of the state of Illinois, to the sheriff of county, greeting: You are hereby commanded to summon A. B., if to be Witress, E. F., clerk of the S. county, this , county cirin said day of, A. D. 18. E. F., Clerk. Which said summons shall be served and returned by the sheriff to whom the same may be directed, as in other cases. 5. Said summons shall be served at least ten days before any default shall be entered; and if the defendant reside out of the county, one day in addition for every thirty miles of distance from the residence of the defendant to the county seat of the county from which said summons issued. § 6. In addition to the service of summons as aforesaid, the clerk shall make a copy of the declaration filed by the plaintiff and certify the same, under his hand and the seal of the court, to be a true copy, and shall cause the same to be delivered to the sheriff with the summons, which copy the sheriff shall deliver to the defendant at the time Sherin's return. of serving the summons; and said sheriff shall state in his return to the summons that he also delivered to the defendant a certified copy of the declaration on file. The clerk shall be allowed for making each copy ten cents for every one hundred words, and fifty cents for certifying to and sealing the same. And the sheriff shall be allowed fifty cents for delivering each copy to a defendant. l'e's. tered § 7. Upon the service of the summons and copy of the Pm me declaration as aforesaid, the defendant may, at any time before a default is entered in said suit against him, file his plea, demurer or motion to dismiss, as hereinafter provided; but if such plea, demurer or motion shall not be filed within the twenty days, as specified in the fourth section, a default shall be entered by the clerk against the Dermy to brerdefendant in such action; and thereupon the clerk shall compute and assess the plaintiff's damages, which shall be the amount due on the instrument upon which suit is brought, and shall enter upon the records of the court judgment against the defendant, in favor of the plaintiff, for the amount so found due; and such judgment shall have the same force and effect from the time of entry as if entered in term time. to te § 8. The defendant in any such suit shall not be allowed Amdyt to file a plea therein, unless he shall file with his plea an affidavit setting forth that he verily believes that he has a good defence to said shit upon the merits to the whole or some portion of the plai. tiff's demand, and if to a portion he shall specify the amount: Provided, however, that the defendant shall have the right to file without an affidavit of merits, a motion to dismiss, demurer or plea in abate- Motion to dismiss ment; and in case such motion, demurer or plea in abatement be filed, the case shall stand for he ring at the next succeeding term of the court; but in all cases where such plea in abatement, demurer or motion shall be filed which the court shall adjudge to be frivolous, the plaintiff shall be entitled to judgment as in case of default and to damages for delay in the discretion of the court, not exceeding ten per cent. upon the amount of the judgment. lien. §9. All judgments entered in pursuance of this chapter Judgments to be shall become liens upon the lands, tenements and real estate of the defendant, from the time such judgment shell be entered: Provided, that where two or more judgmen's against the same defendant shall be entered on the same day in vacation, there shall be no preference nor priority of the lien of one judgment over that of the other. § 10. The clerks and sheriffs shall be entitled to the Fees. same fees for services rendered in pursuance of the provisions of this act as is provided for like services in other cases; and executions may issue forthwith upon all judgments entered in vacation upon the plaintiff's filing an affidavit as provided in the first section of this act, but unless such affidavit be filed, execution shall not issue until the expiration of ten days from the time of entering such judgment, except in cases of judgments by confession, in which execution may issue forthwith without oath. § 11. Nothing herein contained shall be so construed as to prevent the institution and prosecution of suits for any of the causes of action in this act mentioned in the manner now provided by law. APPROVED Feb. 16, 1857. 1877. la for Feb. 14, AN ACT in relation to money paid by E. B. Hulbert, deceased, to the resident trustee of the Illinois and Michigan canal, under the act to provide for the completion of the Illinois and Michigan canal, and for the payment of the canal debt. Pr ambic. Governor to i. sue cer Reate.g Whereas E. B. Hulbert, late of Cook county, deceased, became a subscriber to the loan to complete the Illinois and Michigan canal, under the act of February 21, 1843, and paid the first installment thereon, to-wit: the sum of eight hundred and seventy five dollars, being the amount of the first installment of his subscription to such loan, and was unable to make any further payment on such loan, and is now deceased; and whereas the canal fund and state have had the full advantage of such payment, and no loss has accrued to the state by reason of 's inability to make such further payments, and it is just and equitable that relief should be granted from the forfeiture declared in said act; therefore, SECTION 1. Be it enacted by the people of the state of § 2. APPROVED Feb. 16, 1857. AN ACT for the encouragement and security of loans of money. In force February 16, 1857. SECTION 1. Be it enacted by the people of the state of Illinois, represented in the General Assembly, That it shall be lawful for any person or corporation borrowing money in this state, to make notes, bonds, bills, drafts, acceptances, mortgages, or other securities, for the payment of principal or interest at the rates authorized by the laws of this state, payable at any place where the parties may agree; although the legal rate of interest in such place Legal may be less than in this state; and such notes, bonds, bills, drafts, acceptances, mortgages, or other securities, shall not be regarded or held to be usurious; nor shall any securities taken for the same, or upon such loans, be invalidated in consequence of the rate of interest of the state, kingdom or country where the paper is made payable, being less than in this state, nor of any usury or penal law therein. secured. able. interest § 2. No plea of usury nor defence founded upon an al- Usury not pleadlegation of usury shall be sustained in any court in this state, nor shall any security be held invalid on an allegation of usury where the rate of interest reserved, discounted or taken does not exceed that allowed by the laws of this state, in consequence of such security being payable in a state, kingdom or country where such rate of interest is not allowed. discounted. § 3. It shall be lawful for all parties loaning money in Interest may be this state, to take, reserve or discount interest upon any note, bond, bill, draft, acceptance, or other commercial paper, mortgage, or other security, at any rate authorized by the laws of this state, whether such paper or securities for principal or interest be payable in this state or in any other state, kingdom or country, without regard to the laws of any other state, kingdom or country; and all such notes, bonds, bills, drafts, acceptances, or other commercial paper, mortgages, or other security, shall be held valid in this state, whether the parties to the same reside in this state or elsewhere. § 4. All laws or parts of laws inconsistent with this act, are hereby repealed. § 5. This act shall take effect and be in force from and after its passage. APPROVED Feb. 16, 1857. 3 |