In the county of Knox, on the third Mondays in February and the fourth Mondays in September, and the first Monday of June, at which term no grand jury shall be summoned. In the county of Warren, on the third Mondays in March and fourth Mondays in October. In the county of Henderson, on the second Mondays in May and the fourth Mondays in November. § 2. All summonses, subpoenas, writs, notices, declara- Process. tions in ejectment, bonds, recognizances, venires and process of every description, made and served for or returnable to the terms, 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 with like force and effect as if the same had been issued [and] made returnable to the said several terms, as herein provided for; and whenever the period of one year shall expire, from the rendition of any judgment in ejectment, before the terms Judgments in herein fixed, whereby any party shall be prevented from ejectment. making a motion to vacate the judgment, and for a new trial, under the laws of this state, it shall and may be lawful to make such motion at the term fixed first occurring after the expiration of such year, and the like proceedings shall be had therein as if the said motion had been made within one year from the rendition of such judgment. 3. This act shall take effect and be in force from and after its passage. APPROVED February 16, 1859. AN ACT to fix the terms of court in the several counties comprising the eleventh In force Janary judicial circuit, to regulate practice and to repeal a certain act in relation to the court of chancery in Will county. 26, 1859. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That there shall be held four terms of the circuit court of Will county, Will county. annually. The said terms shall be held on the first Mondays of October, December and March, and the third Monday of May. The terms of the circuit court for Grundy county shall be Grundy county held on the fourth Monday of October, third Monday of February, and first Monday of May, annually. The terms of the Du Page county circuit court shall be DuPage county held on the second Monday of November, and the third Monday of April, annually. §2. No grand or petit jury shall be summoned for the Juries. first week of the regular terms to be held in Will county, unless ordered by the judge, which may be done in term time or vacation. Special terms. Practice. Rules of procedure. Failure to sum § 3. No grand jury shall be summoned for the December or May term of the circuit court of Will county or the February term in Grundy county, unless ordered by the judge, which may be done in term time or vacation. 4. The judge of said circuit may appoint special terms of said courts, whenever he may deem it proper, for common law, chancery or criminal business, exclusively, at which terms either the grand or petit jury or both may be ordered or dispensed with, in the discretion of the judge. § 5. The provisions of an act to regulate the practice in the circuit court of Cook county and the Cook county court of common pleas, approved February 12, 1853, and of an act to change the time of holding courts in the seventh and thirteenth judicial circuits and to regulate the practice therein, and in, the Cook county court of common pleas, approved February 14th, 1857, not inconsistent with the provisions of this act, shall be applied to and be in force in said eleventh circuit, in relation to all suits now pending or hereafter brought therein, except sections eight, eleven and eighteen, of said first named act: Provided, that no part of said first named act shall be in force in the counties of Grundy and Du Page, except sections six, seven, fourteen, fifteen, seventeen, and nineteen: Provided, that nothing in this act shall be construed as requiring any docket fees whatever to be paid by suitors in any of the said courts of Grundy, Du Page or Will counties. 86. The rules of procedure for the first week of each regular term in said Will county, as nearly as may be, shall be the same as are prescribed in said acts for vacation terms; and the rules of procedure for the remainder of each regular term in Will county, after said first week, shall be the same, as nearly as may be, as are prescribed in said acts for trial terms, but process shall only be returnable to the first day of the first week of each of said terms. $7. In case, from any cause, there shall have been a mon juries. failure to summon grand and petit juries, or either of them, at any term for which such jury or juries are required by law to be summoned, the judge may order the same to be summoned forthwith by the sheriff, and the business of the court shall proceed in the same way as though said jury or juries had been summoned in the ordinary manner. Process. Act repealed. § 8. All process, suits, recognizances and proceedings, in any of said courts, which have been or may hereafter be set for, continued or made returnable to the terms of said court, as heretofore existing, shall be deemed and taken to be set for, continued to and made returnable to the terms as prescribed by this act. 9. An act entitled "An act to define the time of holding circuit courts in the eleventh judicial circuit," approved January 21st, 1852, is hereby repealed. 10. This act to take effect and be in force from and after its passage. AN ACT to explain a certain act therein named. In force Febru ary 2, 1859. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That in an act entitled "An act to fix the terms of court in the several Act repealed. counties comprising the eleventh judicial circuit, to regulate practice and to repeal a certain act in relation to the court of chancery in Will county," approved January 26th, 1859, the words "February 14th, 1857," occurring in the fifth section thereof, shall be taken and deemed to mean "January 14th, 1857." §2. This act to be in force from and after its passage. APPROVED February 2, 1859. AN ACT to change the time of holding courts in the twelfth judicial circuit. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the time In force February 22, 1859. of holding the circuit court in the twelfth judicial circuit Twelfth circuit. shall hereafter be as follows, viz: In the county of White, on the Tuesdays before the first Times of holdMondays in April and September. In the county of Wabash, on the second Mondays in April and September. In the county of Edwards, on the third Mondays in April and September. In the county of Wayne, on the fourth Mondays in April and September. In the county of Jefferson, on the second Mondays there after. In the county of Hamilton, on the second Mondays thereafter. ing courts. §2. All writs, recognizances or other processes which have Process. been or may be issued and made returnable to the terms of the circuit court in said counties, as heretofore required to be holden, shall be deemed and taken to be returnable to the said terms, as herein required to be holden; 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 refer to the terms as herein required to be held. 3. This act shall take effect and be in force from and after its passage. APPROVED February 22, 1859. In force Febru- AN ACT to change the time of holding courts in the thirteenth judicial circuit. ary 4, 1859. Times of holding courts. Criminal and SECTION 1. Be it enacted by the People of the State o In the county of Boone, on the second Monday in March and September. In the county of McHenry, on the third Monday in March, October and December. In the county of De Kalb, on the first Monday in February and fourth Monday in September. 2. The February and November terms of the Kane civil business. circuit court shall be held for the transaction of civil and criminal business; and all writs, recognizances and other process and papers appertaining to criminal business shall be made returnable to said term. The May term of said Civil business. court shall be held for the transaction of civil business only, except in cases as now provided by law. And no rights shall be prejudiced by the changes hereby made in the terms of said courts, and all process, bail bonds, suits, recognizances, indictments, and proceedings of every nature, civil and criminal, shall be deemed to have been continued or made returnable to the terms herein established, and the same shall be proceeded in and have the like force and effect as if so made returnable or continued. Process. McHenry, special term. § 3. This act shall not be construed to change or affect the special term of said court, now called in McHenry county, for the month of February, 1859; and no grand jury shall be summoned for the December term of said court in McHenry county, unless ordered by the judge. 4. This act shall take effect and be in force from and after its passage. APPROVED February 4, 1859. In force April AN ACT regulating the terms of the circuit court for the county of Winnebago. 26, 1859. SECTION 1. Be it enacted by the People of the State of Terms of Win- Illinois, represented in the General Assembly, That the terms of the circuit court for the county of Winnebago shall be nebago circuit court. holden on the first Monday in February, the third Monday in June and the fourth Monday in September, in each and every year, to continue until the business thereof shall be disposed of. §2. One panel of twenty-four petit jurors shall be Juries, &c. summoned for the second Monday, and a like panel for the third Monday of each term; and, during the first week of each term, chancery business and such common law business as does not require the intervention of a jury, shall be dispatched; and that the setting of causes for trial in the second week or any subsequent time in the term shall not prevent defaults from being taken and parties being required to plead to issue during the first week of the term. APPROVED February 24, 1859. AN ACT to regulate the practice in the sixteenth judicial circuit, and to change In force Febru the time of holding courts therein. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the time ary 7, 1859. of holding circuit courts of Peoria county, for criminal Times of holdbusiness, shall be on the first Monday of February, the first ing courts. Monday in June and the first Monday in October, in each and every year; and the times of holding the civil terms of the circuit courts in said county of Peoria, shall be on the first Monday in March, the first Monday in May, and the third Monday in November, in each and every year. 2. That the times of holding the circuit courts in the county of Stark shall be on the third Monday in April and the third Monday in September, in each and every year. § 3. All writs, subpoenas, recognizances and all other Process. process or publication of notice, which may have been or may be issued and made returnable to the terms of the circuit courts, in said counties, as heretofore required to be held, shall be deemed and taken to be returnable to said terms of the circuit courts in said counties, as herein required to be held; and all proceedings pending in said courts shall made in the times of holding said courts. be taken up and proceeded with as if no alteration had been 4. At any criminal term of the circuit court of Peoria Naturalization. county, it shall be lawful to naturalize foreigners, anything in the first section of "An act to fix the times of holding the circuit courts in the sixteenth judicial circuit and to regulate the practice therein," approved February 9th, 1855, to the contrary notwithstanding. 5. This act to take effect and be in force from and after its passage. APPROVED February 7, 1859. |