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AN ACT to change the time of holding courts in the twenty-second judi- In force Janucial circuit of this state.

ary 28, 1867.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That, hereafter, Terms changed. the terms of the circuit courts of the counties composing the twenty-second judicial circuit, shall be held as follows, to-wit: In the county of Lee, on the first Mondays of Sep- Lee. tember and December and the fourth Monday in April; in the county of Carroll, on the first Monday of March and the Carroll. fourth Monday of September; in the county of Whiteside, Whiteside. on the third Mondays of January and May and the second Monday of October; in the county of Ogle, on the second Ogle. Mondays of February, June and November.

2. All writs, subpoenas, recognizances, and other pro writs, etc. cess, which have been or may be issued and made returnable to the terms of court in said circuit, as heretofore required by law to be holden, shall be deemed and taken to be returnable to the terms of court as required to be holden by this act. And all notices which may have been given, Notices. or may be given, either by publication or otherwise, to the terms as heretofore required to be held, shall, by force of this act, refer to the terms of court as required to be holden by this act.

state.

§ 3. It shall be the duty of the secretary of state to Secretary of cause a certified copy of this act, immediately upon its passage, to be transmitted to the county clerk of each of the counties in said circuit.

§ 4. This act shall be in force from and after its passage. APPROVED January 28, 1867.

AN ACT to change the times of holding courts in the twenty-second judi- In force Feb. 28,

cial circuit.

1867.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That, hereafter, Term changed. the circuit court in the twenty-second judicial circuit of the state of Illinois, shall be held at the county seats of the respective counties thereof at the times following, to-wit: In the county of Whiteside, on the third Monday of January, the third Monday in May and the second Monday of October, in each and every year; in the county of Lee, on the third Monday of March, the second Monday of June and the first Monday of December, in each and every year; in the county of Ogle, on the second Monday of February, the fourth Monday of June and the second Monday of November, in each and every year; in the county of Carroll, on

Writs, etc.

Secretary of

state.

the first Monday of March and the fourth Monday of September, in each and every year.

2. All summonses, subpoenas, bonds, recognizances, and all other processes, which may have been or may be issued and made returnable to the terms of the circuit court in said counties, as heretofore required to be held, shall be deemed and taken to be returnable to the terms of the circuit court in the respective counties, as herein required to be held. And all notices which may have been given, either by publication or otherwise, with reference to the terms of said court, as heretofore required to be held, shall, by force of this act, refer to the terms of court required to be held under this act. And all proceedings pending in said courts shall be taken up and proceeded with at the terms herein specified for the holding of said courts, as if no alteration had been made in the times of holding said

court.

§ 3. It shall be the duty of the secretary of state, within ten days after the passage of this act, to cause a certified copy of this act to be transmitted to the clerk of the circuit [court] of each county in said twenty-second judicial circuit. §4. This act shall take effect and be in force from and after its passage.

APPROVED February 28, 1867.

In force May 10, AN ACT to define the twenty-sixth judicial district of this state, and to fix the times of holding courts therein.

1867.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That_the Terms changed. counties of Johnson, Williamson, Saline, Gallatin and Hardin, shall compose the twenty-sixth judicial circuit; and circuit courts shall be held therein, as follows, to-wit: In the county of Johnson, on the first Mondays of March and September; in the county of Williamson, on the third Mondays of March and September; in the county of Saline, on the second Mondays following; in the county of Gallatin, on the second Mondays following; in the county of Hardin, on the second Mondays following.

2. This act shall take effect from and after the tenth day of May, 1867.

APPROVED February 25, 1867.

ary 25, 1867.

AN ACT to change the times of holding courts in the twenty-seventh judi- In force Februcial circuit, and to fix the times and places for holding courts therein, and for other purposes.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That, from Terms changed. and after the passage of this act, the circuit courts in the various counties composing said circuit shall be held at the county seats of the respective counties thereof, at the times following: In the county of Douglas, on the first Tuesdays of February and September, in each year; in the county of Vermilion, on the second Tuesday thereafter; in the county of Edgar, on the third Tuesday thereafter; in the county of Coles, on the third Tuesday thereafter.

§ 2. That all recognizances, writs and process which writs, etc. have been or may be issued and made returnable to the terms of court in the several counties in this act mentioned, as heretofore required to be holden, shall be deemed and taken to be returnable to the terms of court in said counties as required to be holden under and by this act. And all notices, by publication or otherwise, which may have been given with reference to the terms of court in said counties, as heretofore required to be holden, shall, by force of this act refer to the terms of said court, as required to be holden by this act, and all proceedings pending in any of said courts in said counties shall be taken up and disposed of according to law, as if no alteration had been made in the times of holding courts in said counties.

3. The secretary of state shall, immediately after the Secretary of passage of this act, transmit to the clerks of the circuit state. courts of the several counties composing the twenty-seventh judicial circuit, as aforementioned in this act, a certified copy of this act.

4.

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

APPROVED February 25, 1867.

AN ACT to regulate the terms of holding the circuit court of Kendall In force Febru

county.

ary 20, 1867.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That, hereafter, Two terms. there shall, in each year, be held two terms of the circuit court of Kendall county, as follows, viz: One term, commencing on the third Tuesday of January, and one term, commencing on the fourth Tuesday of May; and the April and September terms now authorized by law are hereby abolished.

Writs, etc.

Conflicting laws

§ 2. All writs, subpoenas, recognizances, and all other processes, which may have been or may be issued and made returnable to the terms of the circuit court, as heretofore required to be held, shall be deemed and taken to be returnable to said terms of the circuit court, as herein required to be held. And all notices which may have been given, either by publication or otherwise, with reference to the terms of said court,as heretofore required to be held, shall, by force of this act, refer to the terms of court required to be held under this act. And all proceedings pending in said court shall be taken up and proceeded with, at the times herein specified for the holding of said court, as if no alteration had been made in the times of holding said court.

$3. All laws or parts of laws in conflict or inconsistent with the provisions of this act are hereby repealed.

§ 4. This act shall be deemed a public act, and shall be in force from and after its passage. APPROVED February 20, 1867.

In force Feb. 20, AN ACT to regulate the practice in the circuit court of Stephenson county.

posit.

1867.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That in all cases at law in the circuit court of Stephenson county, in which either party shall require a trial by jury, the plaintiff in all cases originally commenced in the circuit court, and the Plaintiff and ap. appellant in all appeal cases, shall, before the empanneling pellants to de- of a jury, deposit with the clerk of said circuit court the sum of five dollars, to be by said clerk paid into the county treasury of Stephenson county, there to form and become a special fund for the payment of jurors' fees, and to be appropriated to no other purpose; and if the plaintiff in any case originally commenced in the circuit court, or the appellant in any appeal case, where a trial by jury shall be required by either party shall fail or refuse to deposit with said clerk, said sum of five dollars before the calling of a jury, the court shall dismiss such case, at the costs of the plaintiff, if commenced in the circuit court; and if such case shall be an appeal case the court shall dismiss the appeal at the cost of the appellant. Said sum of five dollars, when so deposited, shall be recovered by the party depositing the same, in [the case of final judgment in his favor to be taxed as costs against the opposite party.

Appellant to deposit.

§ 2. In all appeal cases the appellant shall be required to deposit with the officer approving the appeal bond, the sum of one dollar and fifty cents, before the appeal shall be

CONTRACTS.

AN ACT concerning the remedy upon the class of contracts therein re- In force Feb. 28, ferred to.

1867.

WHEREAS, by an act entitled "An act to legalize ten per Difficulty as to cent. interest, when it is agreed upon between parties," meaning of approved January 31, 1857, it was enacted by the legislature of Illinois that all laws in conflict with said act, and all laws providing for penalties for taking or contracting for more than the legal rate of interest, were thereby repealed; and, whereas, difficulty exists as to the construction and effect of said acts; therefore,

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That in all suits upon written contracts made while the act entitled "An act to amend the interest laws of this state," approved January 30, 1849, was in force, and prior to the passage of the interest law, approved January 31, 1857, abolishing all laws providing for penalties for taking or contracting for more than the legal rate of interest wherein (in any such contract) a higher rate of interest than ten per cent. per annum was reserved, and when the fact of usury is insisted. upon in the pleadings in the suit and proven, the creditor shall forfeit all the excess of the interest over the rate it was competent for the parties at the time of contracting to reserve in writing, and shall forfeit no more; and no portion of the interest which the debtor may have voluntarily paid upon his contract shall be deducted from the principal. 82. This act shall take effect and be in force from and after its passage.

APPROVED February 28, 1867.

Voluntary in

terest not to be

deducted.

CANAL AND RIVER IMPROVEMENTS.

AN ACT for canal and river improvements.

In force Feb. 28,

1867.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That to secure the improvement of the Illinois and Michigan Canal Governor to apand its extension, through the valleys of the Bureau and point commis

sioners.

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