able. 2. All summonses, subpoenas, writs, notices, declara- Process returations in ejectment, bonds, recognizances, venues, and process of any description, made and served for or returnable to the times as now fixed by law, shall be sufficient for the terms in the several counties respectively, occurring after the passage of this act, and be treated by like force and ef fect as if the same had been issued, given or made returnable to the said several terms, as herein provided for. In all cases when a judgment in an action in ejectment has been Judgments in rendered in any of said counties where a right may exist to ejectment. have a new trial, under the provisions of the statutes now in force, within one year thereafter, and the parties thereto shall be unable to make application therefor within such time, by reason of the change of the time of holding courts, as herein made, it shall be lawful for any such court to award and grant any such new trial at the terms, as herein provided for, first occurring after the expiration of the year aforesaid. 3. This act to take effect and be in force from and after its passage. APPROVED January 31, 1859. AN ACT to change the times of holding courts in the second judicial circuit. In force Febru ary 8, 1859, SECTION 1. Be it enacted by the People of the State of Illinois represented in the General Assembly, That hereafter the terms of the circuit court in the counties composing the Second circuit. second judicial circuit shall be held at the times following, viz: In the county of Clinton, on the first Monday of March Time of holdand August of each year. In the county of Marion, on the second Mondays thereafter. In the county of Washington, on the third Monday thereafter in April, and the second Monday thereafter in September of each year. In the county of Randolph, on the second Monday thereafter of each year. In the county of Monroe, on the second Monday thereafter of each year. ing courts. turnable. § 2. That all writs, recognizances and process of com- Process mon law, criminal, or in chancery, returnable to the present terms of courts in said circuit, shall be deemed returnable to the several terms of court as fixed by this act, and shall be as valid as if made returnable to the terms fixed by this act. re Acts repealed. § 3. All acts and parts of acts coming within the purview of this act and conflicting with the same are hereby repealed. 4. This act to be in force and take effect from and after its passage. APPROVED February 8, 1859. In force February 3, 1859. Twenty-sixth circuit. ing courts. Process. AN ACT to establish the twenty-sixth judicial circuit, and declare what counties shall compose the third judicial circuit, and fix the time of holding courts in said circuits. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the counties of Franklin, Saline, Williamson and Johnson shall compose a judicial circuit, to be called the twenty-sixth judicial circuit of the state of Illinois, and that circuit courts shall be holden at the respective county seats of said counTime of hold- ties, at the times following: In the county of Johnson, on the second Mondays in March and first Mondays in August; in the county of Williamson, on the first Mondays following; in the county of Saline, on the second Mondays following; in the county of Franklin, on the second Mondays following, and continue in said last mentioned county until all the business shall be disposed of. All writs, subpoenas, recognizances and other process, which may have been or may be issued and made returnable to the terms of circuit courts, as heretofore required to be holden, shall be deemed and taken to be returnable to said terms of the circuit courts' in said counties, as herein required to be holden; and all notices which may have been given, or which shall be given, either by publication or otherwise, with reference to said terms, as heretofore required to be holden, shall, by force of this act, refer to the terms of the court required to be held under this act in said counties; and all proceedings pending in said court shall be taken up and proceeded with as if no alteration had been made in the times of holding said terms of court. 2. On the first Monday in March next, an election shall be held in said counties for a judge of said twentysixth judicial circuit, which shall be conducted and returns thereof made and certified and canvassed in the manner provided by the constitution and laws of this state. Said judge, when elected, shall hold his office until the next regular and general election for judges, as provided by the constitution, and until his successor is elected and qualified. 83. The said circuit judge, when elected, shall exercise all the powers, perform all the duties, and have all the jurisdiction and authority now had or heretofore to be required of or exercised by circuit judges of this state, under the constitution and laws of this state. ney. § 4. The state's attorney, elected at the last general elec- State's tion for state's attorney for the third judicial circuit, shall perform the duties of said office in the twenty-sixth judicial circuit, as established by this act. attor § 5. It shall be the duty of the secretary of state to cause a certified copy of this act to be immediately transmitted to each of the clerks of the circuit and county courts of said counties; and the clerks of the county courts of said counties shall issue notices of the said election for judge, as Notice of elecaforesaid, to the sheriffs thereof, respectively; which notices shall be posted up by them in the several precincts, in all respects in like manner as provided in the constitution and laws of this state for holding general elections. tion. § 6. That the counties of Perry, Jackson, Union and Third circuit. Alexander shall compose the third judicial circuit of the state of Illinois, and the circuit courts of said counties shall be held at the respective county seats thereof, at the times following: In the county of Perry, on the fourth Mondays Times of holdof April and the third Mondays of September; in the coun- ing courts. ty of Jackson, on the third Tuesdays following; in the county of Union, on the second Tuesdays following; in the county of Alexander, on the second Tuesdays following, and continue in said last mentioned county until the business therein shall be disposed of. All writs, subpoenas, recognizances and other process, which may have been or may be issued Process. and made returnable to the terms of courts in the last mentioned counties, as heretofore required by law to be holden, shall be deemed and taken to be returnable to the said terms of the courts, as required to be holden under this act; and all notices which may have been given or which may be given, either by publication or otherwise, to the terms as heretofore required to be holden, shall, by force of this act, refer to the terms of courts, as required to be holden by this act. And all proceedings pending in said courts shall be taken up and disposed of as if no alteration had been made in the time of holding said courts. for state's attor ney. § 7. On the first Monday in April next, an election for Election a state's attorney for said third judicial circuit shall be holden, which shall be conducted and returns thereof made and certified and canvassed in the manner provided in the constitution and laws of this state. Said state's attorney, when elected, shall hold his office until the next general election for state's attorneys, as provided by the constitution and laws of this state; shall discharge all the duties, and receive the like fees and compensation for services as such as appertain to said office by the constitution and laws of this state. § 8. It shall be the duty of the secretary of state to cause a certified copy of this act to be immediately transmitted to each of the clerks of the circuit and county courts of said tion. counties composing said third judicial circuit; and the clerks of the county courts of said counties shall issue notices Notices of elec for the said election to the sheriffs thereof, respectively; which notices shall be posted up by them in the several precincts, in all respects in like manner as provided by the constitution and laws of this state for holding general elections thereof. 9. All acts and parts of acts conflicting with the provisions of this act shall be and the same are hereby repealed. This act to take effect and be in force from and after its pas Acts repealed. sage. APPROVED February 3, 1859. In force Febru- AN ACT to establish the twenty-fifth judicial circuit, and to fix the time of holdary 1, 1859. Twenty-fifth circuit. Times of holding courts. Fourth circuit. Times of holding courts. Process. ing courts in the fourth judicial circuit. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the counties of Crawford, Clay, Richland, Jasper and Lawrence shall constitute the twenty-fifth judicial circuit of Illinois. § 2. That circuit courts shall be held in said counties as follows, viz: In the county of Lawrence, on the third Mondays in the months of April and September. In the county of Crawford, on the second Mondays thereafter. In the county of Jasper, on the second Mondays thereafter. In the county of Clay, on the second Mondays thereafter. after. 3. That the counties of Coles, Edgar, Clark and Cumberland shall hereafter constitute the fourth judicial circuit, and courts shall be held in the several counties thereof as follows, viz: In the county of Clark, on the first Mondays of March and September. In the county of Coles, on the fourth Mondays thereafter. In the county of Edgar, on the fourth Mondays thereafter. In the county of Cumberland, on the fourth Mondays thereafter. § 4. All writs and other process and recognizance which may have been or may be issued and made returnable to the terms of the circuit courts in said counties, as heretofore required by law, shall be deemed and held to be returnable to said terms, as herein provided; and all notices which may have been given, either by publication or otherwise, with reference to the terms, as heretofore required to be holden, shall, by force of this act, refer to the terms of the courts, as herein required to be holden in said counties; and all proceedings pending in said courts, as herein provided, shall be taken up and proceeded with as though no alteration had been made in the time of holding courts in said counties. § 5. And be it further enacted, &c., That on the first Election Tuesday in April next, an election shall be held for one judge. judge of the said twenty-fifth circuit; which election shall be conducted as by statute provided for general elections; which judge, when so elected, shall hold his office until the next general election for judges, as now provided by law. ney. for for § 6. There shall be elected at the April election herein Election provided one prosecuting attorney, whose duties and com- state's attor pensation shall be the same as now provided by statute for said office, and whose term of office shall expire at the time by law provided for the election of prosecuting attorneys throughout the state. § 7. It shall be the duty of the secretary of state to cause a certified copy of this act, upon its adoption, to be transmitted to the clerks of the several circuit and county courts of each of the said counties in this act mentioned, and the clerks of the county courts of the respective counties embraced in the twenty-fifth circuit, as herein provided for, shall give notice for the election of such officers as are required Notice of electo be elected by the third and fifth sections of this act; which tion. notice shall be in conformity to the laws in regard to gen eral elections. § 8. This act to take effect and be in force from and after its passage. APPROVED, Feb. 1, 1859. AN ACT to change the time of holding courts in the fifth judicial circuit. In force Febru ary 8, 1859. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the terms of the circuit court in the fifth judicial circuit shall hereafter Fifth circuit. be held in the several counties composing said circuit, at the times following, viz: In the county of Fulton, on the fourth Monday of Febru- Time of holdary, the first Monday in June and the fourth Monday in ing courts. September of each year. In the county of McDonough, on the third Monday of March and the first Monday of September of each year. In the county of Pike, on the second Monday of April, the first Monday of August, and the third Monday in November of each year. |