Clerks of County Courts. Their Duties. Record Books. The dockets shall have an alphabetical index, in which shall be entered each estate, and the page upon which it is docketed. § 25. Such clerks shall also keep a docket, in which shall be entered a minute of all claims filed against estates in the order in which they are filed, setting forth the name of the claimant and of the estate against which the same is filed; the nature and amount of the claim; if summons was issued thereon, when and where returnable with sufficient margin opposite each claim for the judgment of the court; which book shall be prepared and kept substantially in the following form: Names of claimant and Nature and amount of Memorandum as to sum- Judgment of court. § 26. The judgment docket shall have an alphabetical index kept by the clerk, both direct and indirect the direct memorandum in the index to show the name of the claimant, the name of the estate, and the page upon which the claim will be found; the indirect memorandum in the index shall merely be the name of the estate, opposite which shall be set down the various pages upon which judgments are entered, either against or for the estate. § 27. Such clerks shall also provide well-bound books, in which to record bonds and letters of administrators, executors and guardians, inventories, appraisement bills, and sale bills of estates, widows' relinquishments and selection, inventories of property of minors' wills, and the probate thereof, annual and final reports of administrators, executors and guardians, and such other exhibits or writings as are required by law to be recorded; and, also, a book to be called a ledger, in which shall be kept the accounts of all executors, administrators and guardians; the debit side to be made up of all items with which the executor, administrator or guardian is charged, with a memorandum opposite each item of charge of the book and page in which the original entry is made; the credit side shall be made up of all sums properly paid by the executor, administrator or guardian, under the laws of this state, which have been allowed by the court; opposite each item of credit a like memorandum shall be made, showing the book and page where the original entry is to be found. Each of the books required to be kept by this section shall have an alphabetical index, with proper entries, so that the contents may be readily found. The clerks shall, as heretofore, keep a journal of the proceedings of the court, a full summary of all settlements made by executors, administrators or guardians, shall be entered in the journal. The journal shall have a copious alphabetical index of all entries made therein. AN ACT TO REVISE THE LAW IN RELATION TO COUNTIES. Approved March 31, 1874. In force March 31, 1874. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the boundaries of the several counties of this state shall remain as now established until the same shall be changed according to law. § 2. Each county bounded by either the Mississippi, Ohio or Wabash river, shall have jurisdiction over such river to the extent it is so bounded, which jurisdiction may be exercised concurrently with the contiguous states bounded by such river. § 3. Each of the counties bordering on Lake Michigan shall have jurisdiction over said lake eastwardly, to the east line of the state. ALTERATION OF COUNTY LINES. § 4. When a majority of the legal voters, residing upon any territory, not less than half of one congressional township, shall petition the county board of their own county, and also of the county to which they desire such territory to be transferred, for leave to have such territory transferred to such county, it shall be the duty of the several county boards so petitioned to order an election for such purpose in their respective counties, to be held within three months from the time of receiving such petition; which election shall be governed by the laws relating to general elections, and returns. of said election shall be made to the secretary of state as for county officers. § 5. Notices of such election shall contain a description of the territory proposed to be transferred, the names of the counties from and to which such transfer is intended to be made, and shall be posted as required for general elections. § 6. The ballots used in the said elections may be in the following form, to-wit: "For transferring territory," and "Against transferring territory," when, if a majority of the voters voting upon said question in the county from which said territory is proposed to be taken, and a majority of the voters of the county to which the same is proposed to be transferred, shall be "For transferring territory," then the said territory shall be transferred to and become a part of the county to which it is proposed to transfer the same, on and after the first day of March succeeding such elections, and shall be subject to all the laws, rules and regulations thereof: Provided, that all assessments and collection of taxes, and judicial or other official proceedings commenced prior to said first day of March, shall be continued, prose cuted and completed, in the same manner as if no such transfer had been made: And, provided, further, that all township or precinct officers within said transferred territory, shall continue to hold their respective offices. within the county to which they may be transferred, until their respective terms of office expire. § 7. No county shall be reduced, under the provisions of this act, to less contents than four hundred square miles; nor shall any county line be made to pass within less than ten miles of the county seat of the county from which territory is so transferred. § 8. No territory transferred under the provisions of this act, shall be released from the payment of its proportion of the debts of the county from which such territory is transferred; and such proportionate indebtedness. from such transferred territory shall be collected by the county to which such territory is transferred, at an equal or greater rate than is levied and collected in the county from which such territory was transferred - such rate to be ascertained by the certificate of the county clerk of said last named county, and when so collected, to be paid over to the county entitled thereto. § 9. When the county to which such territory is transferred shall also be indebted, the county board of such county shall release such transferred territory from the payment of such indebtedness, to an amount equal to that which said territory is required to pay to the county from which it was transferred. § 10. When a majority of the legal voters of any territory, less than half of one congressional township, shall petition the county boards as provided in section four of this act, the said county boards may, in their discretion, order elections to be held as herein provided; and in any case where elections have been held under this act, and the result has been adverse to the petitioners, it shall be in the discretion of the said boards to order another election, on a petition to transfer the same territory, within three years from the time of holding such former election. NEW COUNTIES. § 11. Whenever it is desired to form a new county out of one or more of the then existing counties, and a petition praying for the erection of such new county, stating and describing the territory proposed to be taken for such new county, together with the name of such proposed new county, signed by a majority of the legal voters residing in the territory to be stricken from such county or counties, shall be presented to the county board of each county to be affected by such division, and it appearing that such new county can be constitutionally formed, it shall be the duty of such county board or county boards to make an order providing for the submission of the question of the erection of such new county to a vote of the people of the counties to be affected, at the next succeeding general election for the election of members of the general assembly, of which the notice shall be given, the votes canvassed, and the returns made as in case of election of county officers or members of the general assembly; and the form of the ballot to be used in the determination of such question shall be as follows: "For new county," and "Against new county." § 12. If it shall appear that a majority of all the votes cast at such election in each of the counties interested, is in favor of the erection of such new county, the county clerk of each of said counties shall certify the same. to the secretary of state, stating in such certificate the name, territorial contents and boundaries of such new county; whereupon the secretary of state shall notify the governor of the result of such election, whose duty it shall be to order an election of county officers for such new county, at such time as he shall designate, and he may, when necessary, fix the place of holding election, notice of which shall be given in such manner as the governor shall direct. At such election the qualified voters of said new county shall elect all county officers for said county, except as hereinafter excepted, who shall be commissioned and qualified in the same manner as such officers are in other counties in this state, and who shall continue in office until the next general election for such officers, and until their successors are elected and qualified, and who shall have all the jurisdiction and perform all the duties which are or may be conferred upon such officers in other counties of this state. § 13. All the justices of the peace, constables, and other township or precinct officers, who were previously elected and qualified in the county or counties from which such new county has been formed, whose term of office shall not have expired at the time of said election, and whose residence shall be embraced within the limits of said new county, shall continue in office until their terms of office shall expire, and until their successors shall be elected and qualified. § 14. The votes for the county officers of said new county shall be canvassed, and returns made by the county clerk or county clerks of the county or counties from which such new county was formed, as provided by law in other cases. § 15. The oath of office may be administered to the several county officers of such new county by any person authorized by law to administer oaths; and as soon as said county officers are duly qualified, the county shall be regarded as legally organized, and for judicial purposes shall be deemed and taken as belonging to the circuit in which said new county, or the greater part thereof, is embraced, and terms of the circuit court shall be held at such place in said new county as the county board thereof shall designate, until the county seat thereof shall be permanently located. The times of holding such court shall be appointed by the judge thereof, until otherwise provided by law. § 16. The courts of any county or counties from which such new county is erected may, by proper order, transfer any suit or other legal proceeding affecting real estate in such new county, to the proper court of such new county, or may transfer any suit and all papers and records pertaining thereto to such new county, when all the parties thereto are residents of such new county; but all judgments and other liens in the county or counties from which such new county was erected, shall have the same effect as if no new county had been erected. § 17. All the property, both real and personal, and all debts, abilities and choses in action of every kind, belonging to the county or counties from which such new county was formed, shall be divided by the several county boards of the counties interested, between the county or counties from which such new county is formed, and the new county, in proportion to the assessed value of property for the last preceding year, which has been taken from such original county or counties and carried to such new county; and if such new boards cannot agree upon such division, they may refer the matter of difference to arbitrators, or the rights to such property may be settled by a bill in chancery filed by either party for that purpose. In case the said property cannot be divided or removed, the county receiving the same shall pay to the other a proportionate value for the same. § 18. The county board of such new county shall, at any session of said board, by an order to be entered of record, appoint some competent person a commissioner, for the purpose hereinafter expressed, who shall take an oath of office before some person authorized by law to administer oaths. Said board shall, at the same time, provide a sufficient number of blank books, and deliver them to said commissioner, who shall receipt for the same to the county clerk of said county. § 19. As soon as said books shall be delivered to said commissioner, he shall record in each a copy of the order of his apointment and of his oath of office, and shall thereupon proceed to transcribe into such books, from the records of the county or several counties from which the new county is formed, all such deeds, mortgages and title papers of every description, with the certificates of acknowledgment thereto, and the date of the filing of the same for record, of lands lying in said new county which previously were recorded in the counties from which such new county was formed; and there shall be allowed said commissioner such sum as his services aforesaid are reasonably worth, to be paid out of the county treasury of the said new county. § 20. Said commissioner shall note, at the end of each paper he shall transcribe, the book and page from which the same was transcribed, and shall make a correct double index of said records; and on the completion of his duties, said commissioner shall return said books to the recorder of deeds of said new county, with his certificate attached thereto, showing that he has complied with the law; whereupon they shall be taken and considered, to all intents and purposes, as books of records of deeds, mortgages and title |