cases where collections shall be made by the state's purchasing property; and in each case which is settled, after being commenced and prior to sale under execution thereon, by the payment into the state treasury of the amount due the state, the auditor is hereby authorized to draw his warrant upon the state treasury in favor of the state's attorney attending to said suit, for the sum of ten dollars.

§ 4. The prosecuting attorney for the circuit in which To attend to bu the supreme court for that grand division may be held, shall siness in the attend in that supreme court to all business therein in which supreme court the state or any county may be interested, and shall receive therefor one hundred dollars per annum out of the state treasury, in addition to his present salary, and the auditor is hereby required to issue his warrant on the treasurer for that amount in his favor.

APPROVED November 6, 1849.

AN ACT to authorize the auditor of public accounts and county courts to refund the In force Nor taxes on real estate sold in error.

7, 1849.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That sections Secs. repealed. ninety and one hundred and eleven of chapter eighty-nine of the Revised Statutes, be and the same are hereby repealed, and hereafter the county court shall cause to be refunded the county tax on any real estate that may be erroneously sold for taxes, and shall cause to be delivered to the purchaser, or his assignee, a certificate showing a description of the property sold in error, year's tax for which sold, the amount of the state tax sold for, and the cause of error; and upon the presentation of said certificate to the auditor of public accounts, he shall issue his warrant on the treasurer for the amount of state tax due as aforesaid: Provi- Proviso. ded, that said property was not taxable, or was double assessed, but if the property was properly assessed, the county and state shall not refund as above provided for, but the collector, who received the tax before sale, shall refund double the amount so received.

§ 2. If any collector shall refuse or neglect to refund, as above required, upon proper demand being made by the Penalty. claimant, he shall be liable to an action of debt in any court having jurisdiction of the amount. This act to take effect and be in force from and after its passage.

APPROVED November 7, 1849.

In force Nov. 6, 1849.

Duty of clerk.

AN ACT to provide for the filling of vacancies in certain county offices.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That whenever a vacancy shall happen in the office of sheriff, county surveyor, or coroner of any county of this state, by death, resignation, or removal of any incumbent, it shall be the Governor to is- duty of the clerk of the county court of such county immediately to notify the governor of that fact, and it shall be the duty of the governor to issue a writ of election to fill such vacancy, and direct the time of holding the same; which election shall be proceeded in as in other cases of

sue writ.

election.

§ 2. This act to be in force from and after its passage. APPROVED November 6, 1849.

In force Nov. 6, 1849.

Elections confirmed.

AN ACT to confirm elections of county officers.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That all elections heretofore ordered by the governor to provide for filling vacancies in the office of sheriff and county officers, are hereby confirmed, and the elections of all such officers shall be valid.

§ 2. This act to take effect from and after its passage. APPROVED November 6, 1849.

1 force Nov. AN ACT to establish the jurisdiction of the circuit courts of the state of Illinois.

3, 1949.

SECTION 1. Be it enacted by the People of the State of Special terms. Illinois, represented in the General Assembly, That special terms of the circuit courts may be held in the respective circuits which shall have jurisdiction in all criminal cases hereafter arising within said circuits, on indictment as hereinafter specified.

Duty of gover

nor.

§ 2. The governor of the state of Illinois, whenever he is satisfied that it is essential to preserve law and order, and put down rebellion or mobs, or combinations to prevent the execution of law, shall require, by notice in writing, the judge of the circuit court in which circuit such illegal and criminal offences may be committed, to call a special term of the circuit court, to be holden in such part of his circuit as to him may seem convenient and suitable, within thirty

days after such requisition and notice; and it shall be the Duty of judge. duty of said judge immediately to fix upon a time and place of holding said special term, within the period aforesaid, and to issue a precept to each of the sheriffs of the several counties in his judicial circuit, (excepting such county or counties wherein such illegal and criminal offences may be alleged to have been committed,) to summon from each of said counties, not excepted as aforesaid, a fair proportion, to be fixed by said judge, of grand and petit jurors, for said special term of the circuit court of his circuit. The said judge shall also cause notices of the time and place of holding said special term to be put up in three of the public places in each of the counties of his circuit, one of which notices shall be placed on the outer door of the court-house in each of the counties in said circuit.

§ 3. The said jurors shall possess the same qualifications Qualifications that are required for jurors now by law, except as to resi- of jurors. dence: Provided, that they shall be residents of said judicial circuit—and if at any time there be not in attendance upon such special term of the circuit court sufficient jurors, it shall be lawful to summon talesmen of said circuit.

§ 4. The grand jurors of said special term shall be Juror's duties. sworn and proceed in all respects, in procuring and hearing testimony in behalf of the people of the state of Illinois, and finding bills of indictments, as at the regular terms of the circuit court, except that they shall not have power to try cases coming up from any part of said circuit, except from the county or counties which are set forth in the notice of the governor as being in a state of riot or combination against the laws.

neys.

§ 5. The state's attorney of said judicial circuit shall Duty of prosebe notified of the time and place of holding said special cuting attor.. term, by said judge, and shall act as prosecutor for the people at said court, and the said court shall have power to appoint a prosecuting attorney pro tem., or an assistant prosecuting attorney; which prosecutor pro tem., or assistant prosecutor, shall be allowed for his services during said compensation. term, not exceeding two hundred dollars, to be certified by the judge and paid out of the treasury.

§ 6. The said judge, upon the receipt of the notice of Marshal. the governor as aforesaid, shall appoint a marshal, who shall execute, such bond, with such security as the said judge may require, to conform as near as may be to the official bond of sheriffs. The said marshal shall perform all the official duties arising out of, or connected with said special term of the circuit court within said circuit, which is required of sheriffs in their respective counties in criminal cases. § 7. The clerk of the circuit court in and for the coun- Clerk ty in which such special term may be holden, shall perform all the official duties of clerk arising out of or connected

Process, how

ved.

with the holding of said special term, but the said clerk shall keep the record of the proceedings of said special term in a separate book or books from the proceedings of the regular term of the circuit court, and all copies from said record shall be certified to be copies of the record of the special term of the circuit court holden under the provisions of this act, by the clerk aforesaid, under his official seal as circuit clerk of the county in which special term is held.

§ 8. The process of said special term shall be issued to issued & ser- the marshal, and may be executed by him and by all the sheriffs and constables of the state of Illinois; it shall be tested in the name of the clerk aforesaid, and under the seal of the circuit court in and for the county in which said special term is held.

postponed.

§ 9. In case the time fixed by said judge for holding said Terms of court special term, shall interfere with the time of holding a regular term of the circuit court in the same circuit, it shall be the duty of the said judge to notify the clerk of the circuit court in and for the county in which such regular term was to have been holden, of the appointment of said special term, and said clerk shall cause notice to be posted up in every precinct of his county that the said regular term of said circuit court will not be holden, and the said regular term of said court shall stand adjourned till the next regular term thereof, and all cases and matters therein pending continued.

§ 10. If the said judge of said circuit court shall, from Judges of other any cause, be unable to attend the said special term, any courts permit- other judge of the circuit court of this state may perform duties. the duties with like power and jurisdiction; and the judge presiding at said special term shall have power to call to his assistance at said court any other circuit judge in said state.

ted to perform

ble.

§ 11. All rules, proceedings, and practice at said speRules applica- cial term shall conform as near as may be to the rules, proceedings and practice of the regular terms of the circuit court in criminal causes, and the judgments shall be of the same form and effect, and all the provisions of the criminal code shall be complied with, so far as may be applicable to the said special term.

Posse may summoned.

be

§ 12. The said judge may, whenever he deems it necessary to execute process or enforce order, direct the marshal to summon such posse as said judge may think proper, to aid and protect the court in executing the laws, and giving persons charged with offences an impartial trial; which Compensation. Posse shall be allowed one dollar each per day for their services, to be certified by the judge and paid out of the state treasury.

§ 13. When any person or persons who may be indicted Fadictments. in any county at the regular term of the circuit court for

the said county, for any crime or misdemeanor, shall afterwards be indicted for the same offence at a special term of said circuit court, holden under the provisions of this act, the said indictment in said special term shall operate as a nolle prosequi upon the former indictment; but nothing in this act shall be construed as depriving the circuit court, at its regular term in the proper county, of concurrent jurisdiction with the said circuit court at a special term, held under this act, at any time said special term is not being holden.

§ 14. The said special term may be adjourned from day Adjournments. to day by the judge thereof, until all cases pending therein

are disposed of.

§ 15. All costs, fines, penalties and forfeitures had or Costs, fines,&c. taken at any of said special terms shall enure to the benefit

of the state of Illinois, and cognizances taken and forfeited in said court may be sued upon in the circuit court in any county where the cognizors or any of them reside.

§ 16. Where imprisonment is part of the punishment, Punishment. the defendant may be imprisoned in any jail in said circuit, and the said marshal may confine any person in his custody

in any of said jails for safe keeping.

§ 17. Writs of error to the supreme court of this state Writs of error. shall be allowed from said special term, in all respects as

from the regular terms of the circuit courts.

§ 18. The marshal shall be allowed for his services the Fees of marshal same fees as are allowed sheriffs for similar services in civil cases, and the clerk shall have the same fees as are allowed clerks of the circuit court in civil cases. The grand and petit jurors and witnesses in behalf of the people shall be allowed one dollar each per day, and one dollar for every twenty miles necessary travel in going to and returning from said court; all of which fees shall be certified by said judge and paid out of the state treasury.

§ 19. The auditor shall draw his warrant upon the treas- Auditor to draw ury in favor of W. A. Denning, judge of the third judicial warrant. circuit, for the sum of four hundred dollars, for his extra services and expenses in holding the district court in Massac county under the proclamation of the governor.

§ 20. This act shall be in force and take effect from and after its passage.

APPROVED Nov. 3, 1849.