Gambar halaman
PDF
ePub

Mondays of November and February, and the fourth Monday in May; in the county of STEPHENSON, on the first Mondays of September [*338] and December, and the third Monday of March, and in the county of WINNEBAGO, on the first Monday in October, second Monday in January, and the fourth Monday of April in the county of LEE, on the first Monday of January, second Monday of April and the third Monday of September, in the county of WHITESIDE, on the first Monday of February, second Monday of May and the third Monday of October, in the county of CARROLL, on the first Monday of March, on the third Monday of June and the third Monday of November, in the county of OGLE, on the third Monday of March, on the fourth Monday of August and the first Monday of December. Provided, that all suits commenced for, and all process made returnable to any term of court under the law to which this act is amendatory, shall be treated and held to be commenced for and returnable to the first succeeding term of court under this act, and all such suits and process shall stand as though the same had been made returnable to such succeeding term of court.. [As amended by act approved June 26, 1885. In force July 1, 1885. L. 1885,

P*78a. Repeal. § 15. All acts or parts of acts in conflict herewith

be, and the same are hereby repealed.

79. Court may dispense with jury-designate the business to be done at term. 2. When in the opinion of the judges of any of the judicial circuits of this State, or a majority of them, it shall not be necessary for the speedy administration of justice, to summon a grand and petit jury or either of them, they may, by an order to be made in vacation, or by the court in term time, to be entered of record in the office of the clerk of the circuit court of the county affected thereby, dispense with either or both of such juries for any term, or part of term of such circuit court, and may designate what term or terms, or part or -parts thereof, shall be devoted to criminal business; and what term or terms, or part or parts thereof, shall be devoted to civil business; and such court, or judges in vacation, shall have power to direct all process that may issue or proceedings to be had, to be made returnable to and to be done at the appropriate terms set apart for the different kinds of business as fixed by such order; and such term or terms shall in all respects be treated only as a term or terms of court for the particular kind of business designated in such order, which order shall stand until rescinded by the court in term time or by a majority of the judges of the circuit in vacation. [As amended by act approved May 24, 1879. In force July 1, 1879. L. 1879, p. 97.

80. Process returnable, etc. § 3. All summons, subpoenas, notices, writs, bonds, recognizances, venires, papers and processes of any kind whatever, made and served for or returnable to the several terms of court, at such times as said terms are required to be held by law, in force immediately prior to the time this act shall take effect, shall be deemed and taken, and shall have the same force and effect as if the same had been made and served for, or returnable to the first terms of court to be held in each county, as fixed by this act; and no action, suit, cause or proceeding now pending in any of the circuit courts, shall be abated by force of the provisions of this act.

81. Repeal. $ 4. All laws and parts of laws in conflict with this act are hereby repealed.

Emergency. Whereas an election takes place for circuit judges on the second day of next June, for the judicial circuits fixed in the act

dividing the State, exclusive of the county of Cook, into twenty-six judicial circuits; and whereas the old judges hold courts in the old cir‐ cuits until their successors are elected and qualified; and, whereas, several circuit courts in the State are held in the month of June; therefore, an emergency has arisen requiring this act to take effect during said month of June; therefore, this act shall take effect and be in force from and after the 15th day of June, A. D., 1873.

CHANGING TERMS OF COURT.

AN ACT to avoid inconveniences arising from changing the times of holding the terins of courts. (Approved April 12, 1871. In force July 1, 1871. L. 1871-2.] 82. Effect of change on process, etc. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That whenever the time for the holding of the term of any court has been or shall be changed by law, all summonses, subpoenas, writs, notices, bonds, recognizances, venires, papers and processes of any kind whatever, made and served for or returnable to the terms of court as existing prior to such change, shall be deemed and taken and shall have the same force and effect as if the same had been made and served for and returnable to the terms of court as fixed by the law making such change.

NOTE. As to the power of the legislature to change the terms of the circuit courts, see Const., art. 6, § 14. Also, as to effect of such changes, Galusha v. Butterfield, 2 Scam. 227; Goodsell v. Campbell, 1 Scam. 555.

SHORT-HAND REPORTERS.

AN ACT to authorize the judges of the circuit courts to appoint short-hand reporters for the taking and preservation of evidence and to provide for their compensation. [Approved May 31, 1887. In force July 1, 1887. L. 1887, p. 159.] 82a. Appointment-term of office. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the several judges of the circuit courts in this State be and they are hereby authorized to appoint a short-hand reporter for their respective courts, whose duty shall be as hereinafter specified. The reporter so appointed shall hold his position during the pleasure of the judges appointing him; not, however, to extend beyond the time the judges making such appointment shall be elected for: Provided, however, that in case of the absence or disability of the reporter so appointed the presiding judge may appoint any other reporter to act in his place during such absence or disability.

82b. Duty and compensation. § 2. The said reporter shall cause full phonographic notes of the evidence in all trials in the court for which he is so appointed to be taken down, and one transcript of the same, if desired by either party to the suit or by their attorney or by the judge of the court, to be forth with correctly made and furnished to the party so desiring it. The compensation of the reporter for taking such phonographic notes shall be fixed by the judges appointing him at any sum not exceeding five dollars per day. The presiding judge of the court shall furnish to said reporter at the close of each term of court a certificate showing the amount per diem due him, and upon presentation to the county treasury of such county he shall pay the same out of any funds of such county in his hands. Said reporter shall be allowed to charge not to exceed fifteen cents per one hundred words for making transcripts of said short-hand notes, to be paid in the first instance by the party on whose behalf such transcript is ordered, and allow and taxed as costs in the suit and the transcript when so paid for by the party ordering it and the charges for the same is taxed as costs, the same shall be filed and remain with the papers in the case: Provided, however, that when the judge trying the cause shall, of his own motion, order a transcript of said short-hand notes as hereinbefore provided, he may direct the payment of the charges therefor and the taxation of the same as costs in such manner as to him may seem just: Provided, always, that the charges for making but one transcript may be taxed as costs, the party first ordering the transcript shall have the preference, unless it shall be otherwise ordered by the court.

82c. Oath. § 3. Said reporter shall, before entering upon the duties of his office, take and subscribe the official oath to faithfully discharge the duties of his office to the best of his knowledge and ability.

[*339] AN ACT to revise the law in relation to the criminal court of Cook county. [Approved February 12, 1874. In force July 1, 1874 ]

CRIMINAL COURT OF COOK COUNTY.

$3. Seal. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the criminal court of Cook county shall have a seal, and may, from time to time, as may be necessary, renew or alter the same. The expense of such seal, and renewing or altering the same, shall be paid by the county.

84. Place of holding. § 2. The said court shall be held in the

court-house of the county of Cook, or in such other place at the county seat as may be provided therefor.

85. Powers of court and judges. § 3. The said court and the judges thereof shall have like powers in all matters within the jurisdiction of said court, as the circuit courts in other counties may have in like matters. [See post, 88a. Wiggins v. City of Chicago,

68 III. 372.

86. Process. § 4. Process from said court may be in like form, and shall be issued in the same manner as from circuit courts.

87. Practice. § 5. The practice in said court shall be the same, so far as may be, as in the circuit court.

88. Appeals — error. § 6. Appeals and writs of error may be prosecuted from the judgments of said court in like manner, and upon the same conditions as from circuit courts.

AN ACT in relation to the criminal court of Cook county. [Approved and in force April 21, 1881. L. 1881, p. 72.]

*88a. Branch courts. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That two or more of the judges of the criminal court of Cook county may each hold a different branch of said court at the same time.

COUNTY COURTS.

AN ACT to extend the jurisdiction of county courts, and to provide for the practice thereof, to fix the time for holding the same, and to repeal an act therein named. [Approved March 26, 1874. In force July 1, 1874.]

89. Established - seal. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That there shall be in each of the counties of this State, now created and organized, or which may hereafter be created or organized, a court of record, to be styled "The County Court of County." Said court shall have a seal. [See Const., art. 6, § 18; L. 1849, p. 62, § 1; Bostwick v. Skinner, 80 Ill. 147; Dale v. Irvin, 78 Ill. 170.

90. Place of holding. § 2. Said courts shall sit in the courthouses or usual places of holding courts in the several counties in this State, or in suitable rooms provided therefor at the county seat.

91. Election of judge- term of office. § 3. The county judge in each county shall be elected on the Tuesday after the first Monday in November in the year eighteen hundred and eighty-two and on the Tuesday after the first Monday in November every fourth year thereafter, and shall enter upon the duties of his office on the

first Monday of December after his election, and shall hold his office for four years and until his successor is elected and qualified. [See Elections," ch. 46, § 16; L. 1849, p. 62, § 2; Const., art. 6, § 18. As amended by act in force July 1, 1881; L. 1881, p. 70.

[ocr errors]

92. Oath of office. § 4. The county judge shall, before enter ing upon the duties of his office, take and subscribe, and file with the secretary of State the following oath:

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 county judge according to the best of my ability. [L. 1849, p. 62, § 3.

AN ACT to authorize county judges to interchange, hold court for each other, and perform each other's duties. [Approved May 31, 1879. In force July 1, 1879.]

*92a. Interchange of judges. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the county judges of the several counties of this State, with like privileges as the judges of the circuit courts of this State, may interchange with each other, hold court for each other, and perform each other's duties, when they find it necessary or convenient.

93. Probate jurisdiction. §5. County courts shall have jurisdiction in all matters of probate, settlements of estates of deceased persons, appointment of guardians and conservators, and settlements of their accounts; all matters relating to apprentices; proceedings for the collection of taxes and assessments; and in proceedings by executors, administrators, guardians and conservators for the sale of real estate for the purposes authorized by law, and such other jurisdiction [*340] as is or may be provided by law. All of which, except as hereinafter provided, shall be considered as probate matter, and be cognizable at the probate terms hereinafter mentioned.

[L. 1849, p. 65, 13. See Const., art. 6, 18; Blake v. Peckham, 64 Ill. 365; Young v. Adams, 74 Ill. 480; Barnett v. Wolf, 70 II. 76; Moffitt v. Moffitt, 69 Ill. 644: Bostwick v. Skinner, 80 Ill. 174; Whitman v. Fisher, 74 Ill. 147; Henline v. People, 81 III. 269.

94. Probate terms, etc. $6. The terms of county courts for all probate business shall commence on the first Monday of each month, and shall be always open for the transaction of all probate business, and for hearing applications for the discharge of insolvent debtors from arrest or imprisonment, and all matters cognizable at such probate terms shall also be cognizable at the law terms. [People v. Gray, 72 Ill. 343; Wright v. Smith, 76 Ill. 216; Wild v. Sweeney, 84 Ill. 213. As amended June 15, 1887. In force July 1, 1887. L. 1887, p. 162.

« SebelumnyaLanjutkan »