Sidebilder
PDF
ePub
[blocks in formation]

tained by clerk

of superior

court.

fees.

judge's fees and docket fees for suits commenced in or ap- Fees to be repealed to the superior court of Chicago, after the first day for use of judges of February, A. D. 1865, be retained by the clerk of said court, as a separate fund,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 a separate fund, for the use of the judge of said circuit court, who shall be individually entitled thereto; and the same 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.

court, Cook county, to be retained by clerk for judge of court.

So much of section six of the act to which this is an conflicting law amendment as may be in conflict with section one of this repealed.

act is hereby repealed.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

[blocks in formation]

AN ACT to repeal an act extending the jurisdiction of the county court of In force Feb. 16,

SECTION 1.

the county of Jasper.

1865.

extending jurisdiction of county court Jasper county

Be it enacted by the People 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Act county courts, approved February 12, 1849, and to extend the jurisdiction of the county courts of Crawford, Jasper, repealed.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approved February 21, 1863, as relates to extending the jurisdiction of the county court of Jasper county, is hereby repealed.

[ocr errors]

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 LaSalle county.

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 LaSalle county

In force Feb. 16,

1865.

county court

Jurisdiction 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.

court.

fee.

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.

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 the cities of Aurora and Elgin, and in the circuit court of Kane county.

1865.

process to

issued.

be

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 process 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.

crued in city.

Where cause ac- 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 shall emanate.

Where accrued in city of plaintiff.

When more than one defendant.

2. Where, by law, the venue is transitory and the contract 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.

shall not be rendered.

When real estate affected.

When injunction

to stay proceedings.

committed

in

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. When crime is 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,

city.

Proviso.

over treason

from

court common

nothing herein contained shall be construed to give said No jurisdiction courts jurisdiction over the crimes of treason and murder. 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.

ants are

residents.

defend

non

2. In every suit in equity or in statutory proceedings, When in the nature of a suit in equity, in which the defendants 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.

filed when suit

all

termine
cases except

murder.

§ 3. Either of said courts shall have power to hear and Courts may dedetermine all cases brought to it by change of venue: Provided, it shall not have power to try cases of treason and treason and murder. 84. The clerks of the respective courts may issue sub- Process issued to poenas to any county in the state and attachments for diso- tachment. bedience to such subpoenas by order of court.

any court on at

court

common pleas, Aurora.

§ 5. That, hereafter, the terms of the court of common Term of pleas of the city of Aurora shall be held on the second Monday of March, as now fixed by law; on the seccnd 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 January; and that, hereafter, the terms of the court of common pleas

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, Elgin. instead of the fourth Monday of April; and the fourth Mon

Act repealed.

Act revived.

Jury fee taxed.

Attorney's

taxed.

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.

§ 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 prac tice 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.

§ 7. That a jury 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 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.

Grand jurors, how selected.

selected.

Jurors' fees.

Jurors court.

8. That the grand jurors of the courts of common pleas of the cities of Elgin and Aurora shall be selected as now rePetit 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, shall have the same fees as petit jurors attending the circuit court, and Aurora be paid in the same manner. The petit jurors for the Aurora 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.

Jurors

court. Proviso.

Petit jury, when summoned.

In what case the courts of com

remain in existence.

89. 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 to appear.

§ 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 pass

[blocks in formation]

AN ACT in relation to the court of common pleas of the city of Cairo.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the mayor, the treasurer, and the city clerk, of the city of Cairo, are hereby constituted a jury commission, for the court of common pleas of the city of Cairo.

In force Feb. 16, 1865.

Jury commission for city of Cairo.

Commission to select jurors, and how.

§ 2. It is hereby made part of the official duty of said 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.

to grand

select jurors, and how.

to give certificate of

Jurors'

certificates good for city taxes.

83. 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 collector 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 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.

a

§ 5. The said city clerk, as soon as the drawing of jurors, as herein provided, is completed, shall furnish to the clerk of the court of common pleas of the city of Cairo 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.

Talismen may be summoned.

Certificate talismen.

of

Certified list of given

jurors to be

clerk

court common pleas.

« ForrigeFortsett »