« ForrigeFortsett »
judge's fees and docket fees for suits commenced in or ap- Fees to be re: pealed to the superior court of Chicago, after the first day for use of judges of February, A. D. 1865, be retained by the clerk of said of superior court, as a separate fund, for the use of the judges thereof, and not paid to the treasurer of Cook county ; but the same shall be distributed by said clerk to the judges of said supe- Distribution, of rior court, at the end of each and every quarter, in equal proportions, share and share alike; and that all judge's fees and docket fees for suits commenced in or appealed to the circuit court of Cook county, after the first day of February, Fees of circuit A. D. 1865, be retained by the clerk of said circuit court, as county, to be a separate fund, for the use of the judge of said circuit court, who shall be individually entitled thereto; and the same of court. shall not be paid to the treasurer of Cook county, but by the clerk to the judge of said circuit court, at the expiration of each and every quarter.
So much of section six of the act to which this is an Conflicting lav amendment as may be in conflict with section one of this repealed. act is hereby repealed.
This act shall take effect and be in force from and after its passage.
APPROVED February 16, 1865.
retained by clerk for judge
AN ACT to repeal an act extending the jurisdiction of the county court of In force Feb. 16,
the county of Jasper.
extending jurisdiction of
court Jasper county
SECTION 1. Be it enacted by the Piople of the State of Illinois, represented in the General Assembly, That so much of an act, entitled “An act to amend an act establishing Act county courts, approved February 12, 1819, and to extend county the jurisdiction of the county courts of Crawford, Jasper, repealed. Cumberland, Lawrence, Richland, Clay, Hamilton, Rock Island, and Mercer counties," approved February 21, 1863, as relates to extending the jurisdiction of the county court of Jasper county, is hereby repealed.
§ 2. This act to take effect from and after its passage. APPROVED February 16, 1865.
AN ACT to extend the jurisdiction of the county court of La Salle county.
In force Feb. 16,
SECTION 1. Be it enacted by the People of the State of illinois, represented in the General Assembly, That, hereafter, the jurisdiction of the county court of La Salle county
Jurisdiction county court
of shall be equal to and concurrent with that of the circuit equal to circuit court of said county, in relation to all matters, except crimes
and misdemeanors. Judge's docket § 2. That, hereafter, the judge's docket fee, in all cases
except in cases of judgment by confession, shall be one dollar, instead of two dollars, as now provided by law. The docket fee in cases of judgment by confession to remain as now provided by law.
S 3. This act shall be in force and take effect from and after its passage.
APPROVED February 16, 1865.
In force Feb, 16. AN ACT to further regulate the practice in the courts of common pleas of 1865,
the cities of Aurora and Elgin, and in the circuit court of Kane county.
process to issued,
Where cause accrued in city.
When more than one defendant.
SECTION 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That, in the When original following cases, it shall be lawful for original or mesne pro
cess to be issued from the courts of common pleas of the cities of Aurora and Elgin to any county in the state, to be served or executed anywhere therein, and returned as the law requires in the Kane circuit court, such or similar process to be served or executed and returned.
1. Where, by law, the venue is local and the cause of action accrued in the city from whose court of common pleas the process
2. Where, by law, the venue is transitory and the conincity of plain- tract or cause of action in fact accrued in the city of the
plaintiff from which such process shall issue.
4. In every species of personal actions, in law or equity, when there is more than one defendant, and one or more of
them reside in the city from which such process shall issue: When judgment Provided, that if a verdict shall not be found or judgment
rendered against the defendant or defendants, resident in the city where the action is commenced, judgment shall not be rendered against those defendants who do not reside in such city, unless they appear and defend the action.
5. In every suit in equity or in statutory proceedings, in the nature of a suit in equity, which may affect real estate, and the whole or greater part thereof shall be situated in the city from which such process shall issue.
6. In cases of bills for injunction to stay proceedings at law, which shall be filed with the clerk of the court of the city in which the record of the proceedings had shall be.
7. In any criminal suit, matter or proceeding, where the crime, misdemeanor or offense shall have been committed in the city from which process shall issue, or that may be brought before either of said courts, by any constitutional rules or regulations provided by law: Provided, however,
When real estate affected.
When injunction to stay proceedings.
When crime is committed in city.
treason and murder.
from court common
nothing herein contained shall be construed to give said no jurisdiction courts jurisdiction over the crimes of treason and murder.
8. And in all cases in which it is or shall be lawful for Process may be original and mesne process, or either, to issue from the cir- issued cuit court of the county of Kane to any other county or coun- pleas. ties, in this state, to be therein served or executed and returned, it shall, also, in the same or like cases, be lawful to issue such process from the respective courts of common pleas of the cities of Aurora and Elgin to any county or counties in the state, to be served or executed anywhere therein, and returned as the law requires: Provided, the same jurisdic- Proviso. tional facts, in relation to the subject matter of the suit or of the residence of the plaintiff or plaintiffs, or both, or other matter, thing or things shall, in the same manner, exist in the city in which such suit shall have been or shall be about to be commenced or instituted, or proceedings had, as the law requires, such jurisdictional facts to exist in Kane county, in order to institute a suit or proceedings in the circuit court thereof, and to make it lawful to send such original and mesne process, or either of them, from the circuit court of Kane county to any other county or counties, to be served or executed and returned.
§ 2. In every suit in equity or in statutory proceedings, when in the natnre of a suit in equity, in which the defendants nedideare are all non-residents of the state, the bill or petition may be filed with the clerk of either court, if it shall not affect real estate; but if the suit or statutory proceedings shall affect real estate, the bill or petition shall be filed with the clerk Petition to be of the court of the city in which the real estate or greater affects real es part thereof shall be situated, and jurisdiction of the defend- tate. ants may be obtained according to the practice of the circuit court of Kane county in such cases.
§ 3. Either of said courts shall have power to hear and Courts may dedetermine all cases brought to it by change of venue: Pro. vided, it shall not have power to try cases of treason and treason murder.
§ 4. The derks of the respective courts may issue sub- Process issued to pænas to any county in the state and attachments for diso. tachment. bedience to such subpænas by order of court. $ 5. That, hereafter, the terms of the court of common Term of
common pleas, pleas of the city of Aurora shall be held on the second Monday of March, as now fixed by law; on the second Monday of June, instead of the third Monday of June; and on the first Monday of December, instead of the third Monday of October. And chancery terms shall be held on the first Chancery terms. Mondays of May and September, and on the second Monday of February, instead of the second Monday of Jannary; and that, hereafter, the terms of the court of common pleas of the city of Elgin shall be held on the fourth Monday of Term of court of January, as now fixed by law; on the third Monday of May, Eigim. instead of the fourth Monday of April; and the fourth Mon
Grand jurors, how selected.
day of October, instead of the first Monday of October. And such terms shall continue until all the business before the
court for the term shall have been disposed of. Act repealed.
§ 6. That an act, entitled “An act regulating practice in the courts of Kane county and state of Illinois," approved February 14, 1863, be and the same is hereby repealed, so far as it affects the practice of the said courts of common pleas and circuit court of Kane county; and that the practice and the laws in relation to such practice in said last mentioned courts, existing at the time of the passage of said act, and which was thereby repealed or changed, is hereby
revived. Jury fee taxed.
§ 7. That a jnry fee of three dollars shall be taxed in each case, on the common law docket, except in cases of judgment by confession, in the Kane county circuit court, and said courts of common pleas, and collected as other
costs; and, when collected, shall be paid into the county Attorney's fee treasury. That an attorney's fee of ten dollars shall be taxed
with the costs in said courts in each case, whether at law or in equity, against the losing party in such case and in favor of the successful party and collected as other costs.
§ 8. That the grand jurors of the courts of common pleas
of the cities of Elgin and Aurora shall be selected as now re Petit jurors, how quired by law. That the petit jurors of said city courts shall
be selected by the board of supervisors of Kane county, as now required by law; which jurors, so selected, shail have
the same fees as petit jurors attending the circuit court, and Aurora be paid in the same manner. The petit jurors for the Au
rora court shall be selected from the towns of Aurora, Sugar
Grove, Kaneville, Big Rock, Blackberry, and Batavia; and Elgin for the Elgin court, from the six northern towns of Kane
county: Provided, that such selection shall be optional with the said board of supervisors. And in case of neglect or refusal to make such selection, said jurors shall be selected as now required by law regulating the practice in said courts of common pleas.
§ 9. That the said courts of common pleas and circuit court of Kane county shall, respectively, have the power to enter an order of record, fixing some other day of the term than the first day thereof, on which the petit jury shall be summoned
§ 10. That in case any part or portions of this act shall mon pleas shall be declared or held by any court as unauthorized by the
constitution of this state, the said courts of common pleas shall, notwithstanding, remain in full existence, with such powers as have heretofore been and are hereby conferred on the same, respectively, which the legislature have the power to confer on them under the constitution of the state.
§ 11. This act shall be in force from and after its passage.
APPROVED February 16, 1865.
Petit jury, when summoned.
In what cage the courts of com
remain in existence.
AN ACT in relation to the court of common pleas of the city of Cairo.
In force Feb. 16,
select jurors, how.
SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the Jury commision mayor, the treasurer, and the city clerk, of the city of Cairo, Cairo. are hereby constituted a jury commission, for the court of common pleas of the city of Cairo.
§ 2. It is hereby made part of the official duty of said select jurors, mayor, treasurer, and clerk, to meet together, at the office of said clerk, on the first Monday in the months next before the regular terms of the said court of common pleas, and then and there to place in a box, prepared for the purpose, the names of one hundred persons, who are citizens and householders of the city of Cairo; and after such names so placed in such box, are fully intermingled, the said city clerk, in the presence of the said treasurer and mayor, or one of them, he being first blindfolded, shall draw from such box twenty-four names, one at a time; and the persons whose names are thus drawn shall be the petit jurors for the term of said court of common pleas, then next ensuing. And on the same day, the said mayor, treasurer, and city clerk, shall place other one hundred names in said box, and in the same manner the said city clerk shall draw therefrom twenty-three Commission names; and the persons whose names are thus drawn shall be the grand jurors for the term of said court of common pleas, then next ensuing; and each of said jurors shall receive the same per diem as is paid to a juror of the circuit court.
§ 3. The clerk of the court of common pleas of the city Clerk of "Cairo shall issue his certificate to each of such jurors, time served. showing the length of time each juror has served; and such certificate shall be receivable by the city treasurer or collec- Jurors' tor for any tax or assessment or other indebtedness due to said city; and the city council may make said certificate payable directly from the city treasury.
$ 4. All parts of acts, in relation to juries, in conflict Acts repealed. with this act, are hereby repealed ; and nothing in this act shall prevent the summoning of talismen, as now provided summoned. by law; and talismen, when summoned to serve as jurors in said
court, shall receive the same kind of certificates as are hereby provided to be issued to the regular panels.
§ 5. The said city clerk, as soon as the drawing of Certi@ed list of jurors, as herein provided, is completed, shall furnish to the given clerk of the court of common pleas of the city of Cairo a certified list of the names so drawn; and, thereupon, the said clerk of said court of common pleas shall issue a warrant, under the seal of said court, directed to the marshal of said city, requiring him to summon the persons named in said certified list to attend as jurors at the term of said court then next ensuing.
to give certificate of
certifi. cates good for city taxes.
Talismen may be
clerk court common pleas.