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rarily provide another place at the county seat for the holding of court, or the court, by order entered upon its records, may adjourn to a suitable place at such county seat, and the place so provided, or to which such adjournment is made, shall, during the time the court is so held thereat, be held to be the court-house of such county for all judicial purposes connected with such court.

40. War, mob, etc. 5. If, by reason of war, rebellion, mob, pestilence or other public calamity, it is unsafe or inexpedient to hold a court at the time and place appointed by law, the judge or judges of the court may appoint another time and place for the holding of the same. Notice thereof shall be given in the same manner, as nearly as may be, as is required in case of special term. The place appointed shall be at the nearest convenient place to that at which the court is appointed by law to be held.

41. Sheriff, etc., in such case. 6. In such case the court may require the services of any sheriff or other proper officer of the county into which the court is removed, or of the county from which it may remove, to execute process and attend upon the court.

42. Grand and petit juror. 7. It may also cause the grand and petit jurors to be summoned from either or both of such counties.

43. Powers. § 8. And it shall have all the power and authority in either county which it might have exercised in the county where such court is appointed by law to be held, and may try and determine all causes, civil and criminal, which it might have tried and determined in such county, with like effect.

44. Special terms. 9. The judge or judges of any circuit court, or the judges of the superior court of Cook county, may, at a regular term, or in vacation, appoint or call a special term of his or their

court.

80

[R. S. 1845, P. 148, § 43; P. 149, 850; Brown v People, 4 Gil. 439; Archer v. Ross, 2 Scam, 303; Cook v. Skelton, 20 III, 107; Mattingly v. Darwin, 23 Ill. 618; Abbott v. Semple, 25 Ill. 108.

45. When ordered at regular term. 10. If a special term is appointed at a regular term, an order to that effect shall be entered on the records of the court.

46. What cognizable at special term. 11. If the appointment or call of such special term specifies the causes or particular matters that will be heard at such term, the business of such term shall be confined to such causes or matters. If no specification is made, the term shall be deemed to be for the transaction of all business that may be done at a regular term.

47. Suits, process, business, etc., at special terms. 12. Suits and proceedings may be instituted, and process made returnable, at such special term, in all causes and matter that may be heard thereat under the appointment or call; and all process in causes that may be heard at such term, which may have been made returnable at the next regular term, shall be deemed in law returnable to such special

[* Printed § 23 in R. S. 1874. Obviously a mistake as there is a § 23 in same act.]

term, and all continuances in such causes to such regular term shall be deemed to be to such special term.

[R S. 1845, p. 148, § 43; P. 149, § 50; Rucker v. Fuller, 11 Ill. 223; Darby v. McConnell, 13 III. 253-6.

48. Notice of special term. 13. Upon the appointment or calling of a special term of court, the clerk of the court shall [*331] give at least twenty days' notice thereof, by publication in some newspaper published in the county, or if none is published in the county, then in a newspaper published nearest to the place of holding court, and by posting a notice in his office and in four other of the most public places in the county. The notice shall state the time and place of holding the court, and in general terms what matters may be heard at such term. [R. S. 1845, p. 149, 50.

49. Notice to sheriff and State's attorney. 14. The clerk shall also, twenty days before the commencement of such special term, notify the sheriff of the county and the State's attorney of the time and place of holding such special term. [R. S. 1845, p. 149, 50.

50. Fine-failure not to invalidate. 15. For omitting to give the notices specified in the two preceding sections, the court may impose a fine upon the clerk in any sum not exceeding $500. But the failure to give such notice shall not prevent the holding of such term, or invalidate any of the proceedings thereat.

51. Grand and petit jury at special term. § 16. Unless otherwise directed by the court or judge, or judges, a grand and petit jury shall be summoned to attend such special term, in like manner as if the same were a regular term; Provided, the names of the jurors may be drawn at any time before the assembling of the court. [R. S. 1845, p. 148, § 43; p. 149, § 50.

52. Judge not attending-continuance. § 17. If there is no judge attending on the day appointed for the commencement of any regular or special term of court, the court shall stand adjourned until the next day, and should a judge of such court not attend by four o'clock in the afternoon of the second day of the term, the court shall stand adjourned until the next succeeding term of the court; and all suits, writs, process, indictments, recognizances and other proceedings shall stand continued over until the next term of the court, as effectually as if the same had been continued by the order of the court.

[R. S. 1845, P. 148, § 42; P. 146, § 28; Knickerbocker v. Knickerbocker, 58 Ill. 400; Downer v. Smith, 13 Ill. 671.

53. Adjournments. § 18. The circuit courts of the several counties of this State and the superior court of Cook county, when lawfully in session, may adjourn from day to day, or to any day not beyond the first day of the next term of the court.

[R. S. 1845, p 149, § 47; Cook v. Skelton, 20 Ill. 110.

54. Adjournment of branches. 19. The several judges of the circuit and superior courts of Cook county holding different branches thereof may each in like manner adjourn the branch of the court held by him.

[Jones v. Albee, 70 Ill. 34; Waller v. Tully, 75 Ill. 576; Samuel v. Agnew, 80 Ill.

553; Harvey v. Van DeMark, 71 Ill. 117; Coursen v. Browning, 78. 208; Owen v. Stevens, 78 Ill. 462; White v. Murthand, 71 Ill. 257; Wadhams v. Hotchkiss, 80 Ill. 437; Hall v. Hamilton, 74 Ill. 437; Brown v. Rounsavell, 78 Ill. 589.

55. Adjournment by sheriff. § 20. If, at any time after the opening of court for the term, no judge of the court is present at the time and place of holding court, the sheriff of the county or his deputy may adjourn the court from day to day, or, upon the written order of the judge, from time to time, and shall give notice of such adjournment by making proclamation in the court-house, and by notification posted on the door of the court-house.

[White v. People, 81 Ill. 336; Wight v. Wallbaum, 39 Ill. 555. 56. Continuance at end of term. 21. All causes and proceedings pending and undisposed of in any of said courts at the end of a term shall stand continued till the next term of the court. [R. S. 1845, p. 143, § 10; Updike v. Armstrong, 3 Scam. 565.

57. Interchange - holding court for another. § 22. Judges of the several circuit courts of this State may interchange with each other and with the judges of the superior court of Cook county, and the judges of said circuit courts and of the superior court of Cook county may hold court or any branch of the court for each other, and perform each other's duties, where they find it necessary or convenient. [R. S. 1845, P. 147, § 41; Reitz v. People, 77 Ill. 518; Owen v. Stevens, 78 Ill. 463 ; Wadhams v. Hotchkiss, 80 Ill. 437: Coursen v. Browning, 78 Ill. 208; Brown v. Rounsavell, 78 Ill. 589; Waller v. Tully, 75 ill. 576; Scott v. White, 71 Ill. 287; Harvey v. Van DeMark, 71 Ill. 117; People v. Woodside, 72 Ill. 407; Bradley v. Barbour, 74 Ill. 475.

58. Compensation when holding court for another. § 23. Where a judge shall hold court, or a branch thereof, for another judge out of his circuit or judicial district, as provided in the preceding section (except in cases of interchange with each other), it shall [*332] be competent for the county board of the county in which he

shall so hold court, in their discretion, to cause him to be paid, out of the county treasury, not exceeding $10 per day for the time he shall so hold the same. [See Const., art. 6, § 16.

59. Several terms in same circuit at same time. § 24 Regular or special terms of the circuit court may be held in two or more counties in the same circuit at the same time; and it shall not be necessary to close any regular or special term of the circuit court in any county before the business of said term shall be disposed of, in order to begin a regular or special term in any other county in the same circuit, if any circuit judge of the State shall consent, at the request of the presid ing judge of said circuit, to preside over the pending term, or open and hold such special or regular term in such other county. [L. 1871-2, p. 325. § I.

60. Venue. $25. All suits shall be tried in the county in which they are instituted, except as otherwise provided by law. [R. S. 1845, p. 146, $ 32.

61. Powers. 26. The several circuit courts in this State and the superior court of Cook county may make and award such judgments,

decrees, orders and injunctions, and shall issue all such writs and process as may be necessary or proper to carry into effect the powers granted to them.

[Isett v. Stuart, 80 III. 404; Breckenridge v. McCormick, 43 Ill. 491; People v. Wilson, 64 Ill. 195; Sandburg v. Papineau, 81 Ill. 446; Storey v. People, 79 Ill. 45; Billings v. Chapin, 2 Brad. 557.

62. Form of process. § 27. All process of either of said courts shall run in the name of the people of the State of Illinois, be directed to the proper officer or person, be tested in the name of the clerk of the court, and be signed by him, sealed with the seal of the court, or if there is no seal of the court, then with the private seal of the clerk, dated on the day on which it is issued, and made returnable according to law or the order of the court, when not otherwise provided.

[R. S. 1845, p. 147, § 40; Billings v. Chapin, 2 Brad. 557.

63. Writs. § 28. The respective courts in term time, and the several judges thereof in vacation, shall have power to award throughout the State, and returnable in the proper county, writs of injunction, ne ereat, habeas corpus, quo warranto, and all other writs and process that may be necessary to the due execution of the powers with which they are or may be vested.

[R. S. 1845, p. 146, § 30; Welch v. People, 38 Ill. 20; Billings v. Chapin, 2 Brad. 557. 64. Execution and return of process. § 29. Any process which may be issued by any clerk of either of said courts, or any judge thereof in pursuance of law, shall be executed by the officer or person to whom the same shall be directed, in any county or place in this State, and duly returned in the same manner that process usually is, or may be required, to be executed and returned.

[R. S. 1845, p. 149, § 48; Billings v. Chapin, 2 Brad. 557. 65. Judgment, etc., in vacation. 30. When a cause or matter is taken under advisement by a judge of a circuit court, or of the superior court of Cook county, and the cause or matter is decided in vacation, the judgment, decree or order therein may be entered of record in vacation, but such judgment, decree or order may, for good cause shown, be set aside or modified, or excepted to, at the next term of the court, upon motion filed ou or before the second day of the term, of which motion the opposite party or his attorney shall have reasonable notice. If not so set aside or modified, it shall thereupon become final.

[L. 1859, p. 133, § 3; Toledo, Peoria and Warsaw Railway Co. v. Eastburn, 79 III. 140.

66. Effect when as of preceding term. 31. If it is stipulated, of record, that a judgment, decree or order so entered of record shall be final, then such judgment, decree or order shall have the same force and effect as if it had been entered at the term preceding the time it is entered, subject to the right of appeal or writ of error; Provided, it shall not take effect as a lien, except from the date of the entry thereof.

IL. 1859, p. 133. § 3. See 6 Wall, (U. S.) 153.

67. Powers of judges in vacation. § 32.

The several judges of said courts shall have power, in vacation, to hear and determine motions to

dissolve injunctions, stay or quash executions, to make all necessary [*333] orders to carry into effect any decree previously entered, including the issuance of necessary writs therefor, to order the issuance of writs of certiorari, to permit amendments in any process, pleading or proceeding in law or in equity. Any order so made shall be signed by the judge making it, and filed and entered of record by the clerk of the court in which the proceeding is had, and from the date of such filing shall have like force and effect as if made at a regular term of such court. The pendency of a term of court in another county than that in which the suit is pending, or about to be commenced by the same judge, shall not prevent the granting of such order.

[L. 1871-2, p. 504, §§ 1, 2; Kissinger v. Whittaker, 82 Ill. 25.

68. Notice. $33. No such order shall be granted in vacation, unless the party applying therefor shall give the opposite party or his attorney of record reasonable notice of his intended application.

[L. 1871-2, p. 504, § 2; Schirmer v. People, 33 Ill. 283; McLain v. Van Winkle, 46 III. 407; McCormick v. Wheeler, 35 I 115; Babcock v. McCamant, 53 Ill. 216; Welch v. Byrus, 38 Ill. 25: Palmer v. Supervisors, etc., 46 Ill. 447; People v. Town, 3 Scam. 19; Crook v. People, 16 Ill. 536; Baucroft v. Eastman, 2 Gilm. 264.

69. Rules of court. § 34. The said courts may, from time to time, make all such rules for the orderly disposition of business before them as may be deemed expedient, consistent with law.

ADDITIONAL JUDGES OF SUPERIOR COURT OF COOK COUNTY. AN ACT providing for an increase in the number of judges of the superior court of Cook county. [Approved April 15, 1875. In force July 1, 1875. L. 1875, p. 74.]

*70. Additional judges. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That for every fty thousand inhabitants over and above a population of four hundred thousand in the county of Cook, there shall be added one judge to the superior court of Cook county, until said court shall be composed of nine judges."

*71. Election. 2. It shall be the duty of the governor of this State, whenever he ascertains from the census of this State, or of the United States, that the county of Cook is entitled to one or more additional judges, as provided in section twenty-three, article six, of the constitution of this State, to issue a writ for the election of one judge for every fifty thousand inhabitants above a population of four hundred thousand in said county; and such election shall take place on Tuesday next after the first Monday of November, A. D. 1875, unless the said writ of election is issued after that date, in which event the governor shall designate the day when such election shall be held.

ADDITIONAL JUDGES OF CIRCUIT COURT OF COOK COUNTY.

AN ACT to provide for an increase of the number of judges of the circuit court of Cook county. [Approved and in force May 4, 1887. L. 1887, p. 157.] WHEREAS, It appears by a canvass of this State, commonly known as the school census, taken in the year 1886, pursuant to law, that the number of inhabitants of the said county of Cook was over nine hundred and sixteen thousand (916,000), and that thereby said county is entitled by section twentythree, article six of the constitution of this State to six additional judges, therefore.

71a. Election and terms. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That an election be held by the qualified electors of the said county of Cook on the first Monday of June, next after this act shall take effect, for six additional judges of the circuit court, whose term of office shall expire upon the first Monday in June, eighteen hundred and ninety-one, upon the election and qualification of their successors in office.

71b. Election of successors. § 2. Upon said first Monday in June, eighteen hundred and ninety-one, and every six years thereafter, there shall be elected at the same time and in the same manner as the other judges of said circuit court, six judges successors in office of the judges by this act authorized to be elected.

71c. Emergency and repeal. 3. All acts in conflict herewith are hereby repealed, and whereas the docket of said court being much overcrowded, an emergency exists. This act shall go into effect upon its pas

sage.

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