AN ACT TO REVISE THE LAW IN RELATION TO CLERKS OF COURTS. Approved March 25, 1874. In force July 1, 1874. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That a clerk of the supreme court in each grand division, one clerk of the circuit court of each county, and one clerk of the criminal court of Cook county, shall be elected as provided by law, and shall severally hold their offices until their successors are elected and qualified. § 2. The county clerks of the several counties shall be clerks of the county courts of their respective counties. ernor. 3. The several clerks aforesaid shall be commissioned by the gov § 4. Every such clerk shall, before entering upon the duties of his office, give bond, with one or more sureties, to be approved by the judge of the court of which he is clerk, (except that the bond of a clerk of the supreme court, or of the circuit, superior or criminal court of Cook county, may be approved by any two of the judges of his court), which bond shall be in such penalty not less than five thousand dollars, as may be agreed by such judge or judges, payable to the People of the State of Illinois, and conditioned for the faithful performance of the duties of his office, and to pay over all moneys that may come to his hands by virtue of his office, to the parties entitled thereto, and to deliver up all moneys, papers, books, records, and other things appertaining to his office, whole, safe and undefaced, when lawfully required so to do which bond shall be filed in the office of the secretary of state. He shall also, before entering upon the duties of his office, take and subscribe the following oath or affirmation: "I do solemnly swear, (or affirm, as the case may be,) that I will support the constitution of the United States and the constitution of the State of Illinois, and that I will faithfully discharge the duties of the office of clerk of, according to the best of my ability." Which oath shall be filed in the office of the secretary of state. § 5. The clerks of the supreme court shall keep their offices at the court houses, or other places of holding the supreme court in their respective grand divisions, and shall keep their offices open and attend to the duties thereof from eight o'clock A. M. to six o'clock P. M. of each working day. § 6. The clerks of the circuit courts and of the superior and criminal courts of Cook county, and the clerks of the county courts, shall keep their offices at the court houses of their respective counties, or at such other place as may be provided for them by the authorities of their respective counties, and shall keep their offices open and attend to the duties thereof from eight o'clock A. M. to six o'clock P. M. of each working day. § 7. The clerks of the said several courts shall be keepers of the seals of their respective courts. § 8. They shall, in all cases, attend in person to the duties of their offices, respectively, when it is practicable so to do, and shall perform all the duties thereof which can reasonably be performed by one person. § 9. They may, when necessary, appoint deputies, who shall take the same oath or affirmation as is required of the principal clerk, which shall be filed in the office of the secretary of state. § 10. The principal clerk shall in all cases be responsible for the acts of his deputies. § 11. When a vacancy occurs in the office of clerk of any court of record, whose unexpired term exceeds one year, the court, or, if in vacation, the judge or judges thereof, shall appoint a clerk, pro tempore, who shall qualify by giving bond and taking the oath as required by law of the clerk of such court; and thereupon such appointee shall perform all the duties. required of a duly elected clerk of such court, and may receive like emoluments, and shall hold such office until some person is elected and qualified according to law to fill such vacancy. Whenever any such vacancy occurs the court, or judge or judges thereof, shall forthwith notify the governor of the vacancy, who, upon receiving such notice, shall, as soon thereafter as may be practicable, issue a writ of election, as in other cases. § 12. The clerks shall issue the process of their respective courts in the manner provided by law. 13. The said clerks shall attend the sessions of their respective courts, preserve all the files and papers thereof, make, keep and preserve complete records of all the proceedings and determinations thereof, except in cases otherwise provided by law, and do and perform all other duties pertaining to their said offices, as may be required by law or the rules and orders of their courts respectively. § 14. They shall enter of record all judgments, decrees and orders of their respective courts, before the final adjournment of the respective terms thereof, or as soon thereafter as practicable. § 15. Any clerk of either of said courts who fails to enter of record any order, judgment, or decree of his court, when the same ought to have been done, or fails to enter of record all or any of the orders, judgments and decrees of the court by or before the next succeeding regular term of the court after the same is made or rendered, shall be fined by the court not exceeding one hundred dollars, and for any subsequent offense he may be fined in a like amount, or proceeded against as for a misdemeanor in office, and removed from his office. 16. The respective clerks of the circuit courts, the superior court of Cook county, and the county court, shall keep in their offices the following books, to-wit: First A general docket, upon which shall be entered all suits, in the order in which they are commenced. Second-Two well-bound books, to be denominated "Plaintiff's Index to Court Records," and "Defendant's Index to Court Records," to be ruled and printed substantially in the following manner: In which all the cases shall be entered, in alphabetical order, by the name of each plaintiff and defendant. Said books shall set forth the names of the parties, kind of action, term commenced, the record books and pages on which said cases are recorded, the term disposed of, date of judgment, books and pages of the judgment dockets, execution dockets, fee books, certificates of levy, sale and redemption, records on which they are entered, satisfied or not satisfied, and number of case. The defendant's index shall be ruled and printed in the same manner as the plaintiff's, except the parties shall be reversed. Third-Proper books of record, with indices showing the names of all the parties to any suit or judgment therein recorded, with a reference to the page where it is recorded. Fourth-A judgment and execution docket, in which all final judgments and decrees shall be minuted at the time they are entered, or within sixty days thereafter, in alphabetical order, by the name of every person against whom the judgment or decree is entered, showing, in the proper columns ruled for that purpose, the names of the parties, the date, nature of the judgment or decree, amount of debt, damages and costs, book and page in which it is entered, fee book and page, time of issuing each execution, the amount of debt, damages and costs, in separate items, for which it is issued, to whom issued, when returned, and the manner of its execution. A blank column shall be kept, in which may be entered a note of the satisfaction or other disposition of the judgment or decree, and when satisfied by execution, or otherwise, or set aside or enjoined, the clerk shall enter a minute thereof in such column, showing how disposed of, the date, and the book and page where the evidence thereof is to be found. Such dockets may be searched by persons at all reasonable times without fee. Fifth-A fee book, in which shall be distinctly set down, in items, under the proper title of the cause, and heads, the costs of each suit, including clerk's, sheriff's and witness' fees, stating the name of each witness having claimed his attendance during the term, with the number of days he attended at each term. It shall not be necessary to insert the costs in the judgment or decree; but whenever a suit is determined and final judgment entered, the costs of each party litigant shall be made up and entered in such fee book, which shall be considered a part of the record of judgment, subject, however, at all times, to be corrected by the court; and the prevailing party shall be considered as having recovered judgment for the amount of the costs so taxed in his favor, and the same shall be included in the execution issued upon such judgment or decree, and a bill thereof accompanying each execution. If any clerk shall issue a fee bill or a bill of costs with the execution, without first entering the same in his fee book, or if any such bill of costs or fee bill shall be so issued which shall not be in substance a copy of the recorded bill, the same shall be void. And any person having paid such bill of costs or fee bill, may recover from the clerk the amount thereof, with costs of suit, in any court of competent jurisdiction. Sixth.--The clerk's, judge's and bar docket, as provided by section fourteen of the act in regard to practice in courts of record, with alphabetical indices thereto, by the name of each plaintiff and defendant. Seventh. Such other books of record and entry as are provided by law, or may be required in the proper performance of their duties. All records, dockets and books, required by law to be kept by such clerks, shall be deemed public records, and shall at all times be open to inspection without fee or reward. § 17. If any such clerk shall fail to keep any such docket or record book, or any book required by law to be kept by him, or to make the proper entries therein at the time required by law, or, when no time is fixed, within a reasonable time, he shall be fined by the court not exceeding one hundred dollars, and for a subsequent offense he may be fined in a like amount, or proceeded against as for a misdemeanor in office, and removed from his office. § 18. The several clerks of the supreme court shall, from time to time, procure the books and stationery necessary for their respective offices, and proper presses (when the same or sufficient vaults are not already provided) for the safe keeping of the archives of their offices, and the accounts therefor shall be certified by the court to the auditor of public accounts, who shall draw his warrants on the state treasury for the amount of the same, to be paid out of the appropriations that shall be made therefor. § 19. The several clerks of the circuit and county courts of the respective counties, and the clerks of the superior court of Cook county, and the criminal court of Cook county, shall, from time to time, as may be necessary, procure the proper books and stationery for their respective offices, unless the same are provided by the county board, as provided by law. § 20. The necessary rooms and office furniture, the proper vaults or other means for the safe keeping of the archives of their respective offices, shall be provided for the several clerks mentioned in the preceding section by the county boards of their respective counties, and the cost thereof paid out of the county treasury. § 21. Whenever a clerk of any court shall go out of office, it shall be his duty to deliver over to his successor, and of his successor to demand and receive from him, all the books, papers, records and other things appertaining to his office, or in the possession of such outgoing clerk, by virtue of his office. And should any person herein required to give up the books, papers, records and other things, as aforesaid, refuse so to do on such application and demand, the court shall have power to use such compulsory process, and take such measures as may be necessary to coerce the delivery as aforesaid, according to the true intent and meaning hereof. § 22. The judges of the several courts shall, as often as once in each year, make an examination of the offices of the clerks of their respective courts, and may give such directions and make such orders in regard to the keeping of the same, and the records and papers thereof, not contrary to law, as they shall deem best. DUTIES PECULIAR TO CLERKS OF COUNTY COURTS. § 23. The clerks of the several county courts of this state are authorized, upon filing petition and giving proper bond, to grant letters testamentary or of administration, and citations in vacation, subject to the approval or disapproval of the court, at its next regular term. § 24. They shall keep a docket, in which they shall enter all the unsettled estates in their office, the name of the administrator, the date of the letters of administration, the amount of the bond, and the names of the securities thereto, the names of the heirs and widow, when known, the time of filing inventory and sale bill, and amount of sale bill-leaving a sufficient margin for remarks. Said book to be prepared sustantially in the following form: Name of deceased Date of letters. and administrator. Amount of bond Widow and When inventory and Remarks. |