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10 pr. dan apters of appeal, error or, complaints from the judgment or 1138. p. 272 decrees of any of the circuit courts of this state, and

0.8.6.318

Incidental
power.

Judgments to
be final.

Rules of court.

from such other inferior courts as may hereafter be established by law in all matters of law and equity, wherein the rules of law, or principles of equity appear from, the files, records, or exhibits of any such court to have been erroneously adjudged and determined. And the. said supreme court is hereby empowered, authorized, and enabled to take cognizance of all such causes as shall be brought before them, in manner aforesaid and shall be vested with all the power and authority necessary for carrying into complete execution all their judgments, decrees, and determinations in the matters aforesaid according to the laws, customs, and usages of this state, and according to the rules and principles of the common law, and their judgments, decrees, and determinations shall be final and conclusive on all the parties concerned.

SEC. 3. The said supreme court may, from time to time, institute such rules of practice, and prescribe such. forms of process to be used, and for the keeping of the dockets, records, and proceedings for the regulation of the said court, as shall be deemed most conducive to the due administration of justice; and it shall be the duty of the chief justice to examine the state of the clerk's office of to be examined. the said court annually and make report thereof to the next term of the court, which shall be noted in the proceedings..

Clerk's office

Oaths of the judges.

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SEC. 4. The chief justice and associate justices of the supreme court and the judges of the circuit courts, who may hereafter be appointed under the provisions of the constitution, previously to their entering upon the duties required of them by law, shall in addition to the oath to support the constitution of the United States and of this state take the following oath of office: "I, A B, chief justice (or associate justice as the case may be) of the supreme court (or judge of the circuit court as the case may be) do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, without sale or denial, promptly without delay, conformably to the laws, without favor, affection, or partiality to the best of my judgment and abilities," which oath or affirmation may be administerwith the secre-ed by any justice of the peace in this state, a certificate, whereof shall be endorsed by the person administering the same, on the back of the commission of such judge, and another certificate thereof transmitted to and filed in the office of the secretary of state.

To be filed

tary of state.

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SEC. 5. There shall be one term of the supreme court One term a holden annually at the seat of government, which shall year. commence on the first Monday in December, and con

tinue in session until the business before it shall be disposed of.

155, p. 187

SEC. 6. If there shall not be a quorum of the justices Quorum not of the said supreme court present, on the first day of attending first day. any term, the court shall stand adjourned from day to day, until a quorum shall attend.

business to

SEC. 7. If the said supreme court, or any of the circuit Unfinished courts, directed to be held by this act, shall not sit in any stand continuterm, or shall not continue to sit the whole term, or be- ed. fore the end of the term shall not have heard and deter, mined all matters and causes, depending in said courts; all matters and causes depending and undetermined, shall stand continued until the next succeeding term.

the court not

SEC. 8. If from any causes the supreme court shall Discontinuance not sit, on any day in a term, after it shall have opened, by reason of there shall be no discontinuance, but so soon as the cause sitting cured. is removed, the court shall proceed to business until the end of the term, or until the business depending before it, shall be disposed of.

SEC. 9. No question of appeal, or of writ of error shall be decided without the concurrence of two justices Two justices at least; and the said court shall in all cases state the case, must concur. and give their opinion in writing, which shall be filed Written opinwith the other papers of the case. And the said court ions. shall appoint some person learned in the law to minute down, and make report of all the principal matters drawn out at length, with the opinion of the court, in all such cases as may be tried before the said court, and the said reporter shall have a right to use the original written opinion after it shall have been recorded by the clerk.

issued.

SEC. 10. All process which shall be issued from the Prosess how to said supreme court shall bear test in the name of the bear test, and chief justice, be signed by the clerk, dated when issued, and sealed with the seal of the court; and all such process shall be made returnable according to law, or such rules and orders as may be prescribed by the court.

SEC. 11. Any process which may be issued from the Process how said supreme court, or any justice thereof, or the clerk, executed. according to law, shall be executed by the officer or person to whom it shall be directed, in any county or place in this state, in the usual manner that process is or may be required to be executed and returned. The said court shall have power to punish contempts offered by any Contempts and person to it while sitting, and for disobeying any of its disobeying pro

cess.

supreme court.

Proceedings against public

debtors.

collectors,

process, rules, and orders issued or made conformably

to law.

Original Juris SEC. 12. The supreme court shall have original jurisdiction the diction, in all causes, suits, and motions against public of debtors, sheriffs, clerks, and all collectors of the public revenue to the state, of every denomination whatsoever; and in all cases where it may have been, or may hereafter be the duty of any sheriff, clerk, collector, or receiver of public moneys for the state, or the late territory of Illinois, to make collections and settlements with the proper authority; if he or they have failed to do so, or shall hereafter have failed to do so, and there shall appear any defect in the bond given by said officer or person, or other proceeding sufficient to exempt from liability, the Securities of security or securities of such officer or person, or to defeat the ordinary proceedings against himself, the court shall have power to compel such person, whether in or out of office, who has either collected public money or ought to have done so, to exhibit upon oath, a full and fair statement of all moneys by him collected, and a list of all persons as far as it may be practicable, to obtain the same, of whom such person had a right to collect, and who had failed to pay him accordingly; and the court shall, upon hearing the whole case, without regard to form, have power to give such judgment, for such sum or sums of money, as such person ought to be liable to pay, according to the true spirit of the law and the principles of equity: Provided, that the person or persons as aforesaid, shall have due and reasonable notice of the time of proceeding against him or them, as aforesaid; and it shall be the duty of the attorney general to attend and prosecute the same.

Clerk to issue process.

SEC. 13. It shall be the duty of the clerk of the supreme court, to issue process in all cases where process ought to be issued from the said court; and to keep and His duty. preserve complete records of all the decisions and proceedings of the said court; he shall, before he enters upon Oath of clerk. the duties of his office, take the following oath or affirmation before one of the justices of the supreme court: "I, A B, being appointed clerk of the supreme court, do solemnly swear (or affirm) that I will truly and faithfully enter on record all the orders, decrees, judgments, and proceedings of the said court, and that I will faithfully and impartially discharge and perform all the du ties of my said office, according to the best of my abilities and understanding according to law;" and the said clerk shall keep his office at the seat of government, and shall do and perform all such acts and things as are or

*

may be enjoined on him, and be entitled to such com-
pensation as is or may be provided by law. And he shall,
at the first term of said court, after he shall be appoint-
ed, give bond to the governor of this state, and his suc- And bond.
cessors in office, for the use of the people of the state,
with one or more securities, to be approved by the said
court, in the sum of three thousand dollars, conditioned Condition
for the faithful discharge of his duties, and to deliver up thereof.
the papers, books, and records, appertaining to the same,
whole, safe, and undefaced, when lawfully required so to
do; which bond so executed as aforesaid, shall be trans-
mitted to the office of the secretary of state, and filed
therein.

SEC. 14. The chief justice and associate justices of Judges to hold the said supreme court, shall hold circuit courts, as is circnit courts. herein provided for by law; and when either of the said

judges shall, by death, resignation, removal from office,

or unavoidable absence, fail to attend and hold any of Interchange of
the circuit courts required of him by law, it shall be the circuits.
duty of one of the other judges presiding in either of

the other circuits, upon receiving information that such

courts will not be holden, to attend in the said circuit, so repealed
situated, and hold courts therein, and exercise all the 1835 p. 151
powers and jurisdiction, both in term time and vacation,
that the judge assigned by law to such circuit could le-
gally do, until the causes aforesaid, which authorize and
require such judge to exercise such power and jurisdic-
tion, in such circuit, shall be removed.

SEC. 15. When any of the said judges shall die, re- New judges to sign, or be removed from office, it shall be the duty of his hold courts in successor in office to preside in the circuit wherein such the circuit of their predecesvacancy happens.

sors.

Repealed

Repealed

SEC. 16. If there shall be no judge attending in any Judge not atcounty, on the first day of any term, the court shall stand tending, court adjourned from day to day until a judge shall attend, if to stand adthat should happen before the hour of four o'clock in the journed. afternoon of the second day; but if no judge shall have see p. 157 sec. 5. attended before that time, the court shall stand adjourned until the next succeeding term.

SEC. 17. It shall be the duty of the said judges re- Two terms spectively, to hold two terms annually, in each county in annually. their respective circuits, in conformity to law; which courts shall be holden respectively at the times and places. now, or hereafter to be prescribed by law; and the said courts shall be styled "circuit courts for the counties in which they may be held respectively."

At the e ourt
house in each

SEC. 18. The said circuit courts shall be holden at the respective court houses of said counties, and the said county.

Repealed

judges respectively, in their respective circuits shall have Jurisdiction. jurisdiction over all matters and suits at common law and in chancery, arising in each of the counties in their respective circuits, where the debt or demand shall exceed twenty dollars.

Judges made keepers of the peace.

And may

SEC. 19. The said judges shall be conservators of the peace, and the said courts in term time, and the judges thereof in vacation, shall have power to award throughout the state, and returnable in the proper counof ne exeat, ty, writs of injunction, ne exeat, habeas corpus, 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.

award writs

&c.

Incidental

power.

Criminal jurisdiction.

Causes to be tried where

SEC. 20. The said courts shall respectively have power and authority to hear and determine all cases of treason and other felony, crimes and misdemeanors of whatever kind that may be committed within any county or place within their respective circuits, and that may be brought before them, by any rules and regulations provided by law.

SEC. 21. All suits brought in the said circuit courts shall be tried in the counties in which they originated, they originated unless in cases that are or may be specially provided for by law.

Clerks to take an oath.

Oath.

Complete record.

SEC. 22. The clerks appointed by the said circuit courts, or by the judges thereof in each county, shall, before they enter upon the duties of their offices, respectively take an oath, to support the constitution of the United States, and of this state, and also the following oath of office, before one of the judges of the said circuit courts, or some justice of the peace in this state: "I, A B, being appointed clerk of the circuit court for county, do solemnly swear (or affirm) that I will truly and faithfully enter and record all the orders, decrees, judgments, and proceedings of the said court, and that I will faithfully and impartially discharge and perform all the duties of my said office, according to the best of my abilities and understanding according to law." A certificate whereof, with the appointment, shall be enter ed on the records of the court at the first term of the court, after the same shall be done.

SEC. 23. The clerks of the respective circuit courts, Duty of clerks. shall issue process in all cases originating in their respective counties; they shall make, keep, and preserve com plete records of all the proceedings and determinations of the courts of which they are clerks, except as is pro vided in the 23d section of the "Act concerning the practice in courts of law," approved, January 29, 1827.481

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