AN ACT entitled an act to change the time of holding courts in the twenty-first In force Febru judicial circuit. ary 19, 1859. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the terms Times of holdof the twenty-first judicial circuit shall be held as follows, to ing courts. wit: In the county of Tazewell, on the first Mondays of February, June and September, of each year; and in the counties of Mason, Cass and Menard, as heretofore provided by law. $ 2. All acts inconsistent with this act are hereby re- Acts repealed. pealed, and this act to take effect from and after its passage. APPROVED February 19, 1859. AN ACT to provide for the times of holding courts in the twenty-second judicial In force Februcircuit, and to regulate practice therein. ary 8, 1859. circuit. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That terms of Twenty-second the circuit court in the twenty-second judicial circuit shall be holden at the respective county seats of the several counties composing said circuit, at the times following, to wit: In the county of Whiteside, on the third Monday in Jan- Times of holdnary and the third Monday in May and the second Monday ing courts. in October. In the county of Lee, on the second Monday in February, the first Monday in May and the fourth Monday in Novem ber. In the county of Ogle, on the third Monday in March, the second Monday in June and the first Monday of November. In the county of Carroll, on the first Monday of March and the fourth Monday of September. § 2. The said court shall always be open for the disposal Powers in vaof all matters in chancery, whether interlocutory or final, cation. and shall possess all the powers in vacation which it could exercise in term time, subject to such rules and regulations, with respect to the practice, as it may from time to time adopt. Provided, That no final decree shall be entered up, Proviso. except in term time. 3. The judge of said court may direct the petit jury for Petit jury. any term to be summoned to appear on any day of such term which he may think proper; and for any term or terms which may continue for more than two weeks, he may direct a second petit jury to be summoned, to be in attendance on the third Monday of each term. 4. Judgments by confession may be rendered in vaca- Judgment by tion in any of the counties of said circuit, on filing with the confession. Defaults. Process. Acts repealed. clerk of the circuit court in such county a declaration, power of attorney duly acknowledged or proved, and a cognovit, together with the instrument of writing on which such confession is made and judgment is entered, shall have the same force and effect as if entered in term time. § 5. In all cases where default shall have been taken in term time, the court may, in its discretion, without the intervention of a jury, assess the damages, and execution may issue forthwith upon the rendition of judgment. § 6. That all process issued or that may be issued in any of the counties composing said circuit, and made returnable at any time heretofore fixed by law, shall be returnable on the first day of the first terms, as herein above provided for, following the passage of this act. 7. That all acts or parts of acts inconsistent herewith be and the same are hereby repealed. 8. This act to take effect and be in force from and after its passage. APPROVED February 8, 1859. In force Febru- AN ACT to change the time of holding courts in the twenty-fourth judicial cirary 11, 1859. cuit. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That hereafter Twenty-fourth the circuit courts shall be holden at the respective county seats of the counties composing the twenty-fourth judicial circuit, at the following times: circuit. Times of holding courts. Process. In the county of St. Clair, on the second Mondays in March and third Mondays in September. In the county of Bond, on the third Monday in April and first Mondays in September. And in the county of Madison, on the first Mondays in May and the third Mondays after the third Mondays in September. § 2. All writs and process which may have been or may be issued and made returnable to the terms of courts in said counties, as heretofore required to be held, shall be deemed and taken to be returnable to said terms of the courts, as required to be holden under this act; and all notices which may have been given or may be given, either by publication or otherwise, with reference to the terms, as heretofore required to be held, and all proceedings pending in said court shall be taken up and disposed of as if no alteration had been made in the time of holding said courts. § 3. This act to take effect and be in force from and after its passage. APPROVED February 11, 1859. AN ACT entitled an act to establish a City Court in the City of Alton. In force Febru ary 9, 1859. Inferior court established. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That there shall be established in the city of Alton an inferior court of civil and criminal jurisdiction, which shall be a court of record, by the name of the "Álton City Court," and shall Name. have concurrent jurisdiction, within the city of Alton, with the circuit court of Madison county, in all civil and criminal cases, except in cases of treason and murder. Jurisdiction. judge. 2. The judge of said court shall be elected by the Election of qualified voters of said city, and shall be commissioned by the governor, and shall hold his office for the term of six years and until his successor shall be commissioned and qualified, and shall possess the same powers as are vested in the judges of the circuit court, except as limited in this act. tion. 3. An election for judge of said court shall be held on Time of electhe first Tuesday in the month of March, A. D. 1859, and every six years thereafter. It shall be the duty of the clerk of the city of Alton to give notice of said election, in some Notice. newspaper published in the city of Alton, at least ten days previous to the day of election." tion. poll-book, 4. The common council of the city of Alton shall, by Place of elecordinance or resolution, designate at what place in said city the said election shall be held, and shall also appoint three judges of said election, who shall possess the same powers as provided in an ordinance entitled " An ordinance regulating the mode of holding general and special elections, in the city of Alton"; and the ballot-box and poll-book shall be Ballot-box and returned to the common council in the manner provided by said ordinance, and canvassed in the same manner; and the clerk of the city of Alton, under the seal of the city, shall certify to the governor the number of votes received by each person for said office; and the person receiving the highest number of votes, as shown by the certificate of the said clerk, shall be commissioned by the governor as judge of said court: Provided, the validity of any such election Proviso. or the right of any person declared duly elected may be contested in the manner prescribed by statute in other cases. § 5. The judge shall be called "the Judge of the Alton Style of judge. City Court," and shall receive the same salary, from the salary. state treasury, that is paid the respective judges of the circuit courts, to be paid in the same manner, and in addition thereto he shall receive the sum of not less than five hundred dollars, annually, to be paid quarterly out of the treasury of the city of Alton. § 6. Said court shall be holden at such place in the city of Place of court. Alton as shall be provided by the common council of the city of Alton, and shall have a seal, to be provided by said Seal. Clerk of court. Oath. ties. 87. The judge of said court shall appoint a clerk thereof, who shall hold his office for the term of four years; and, before entering upon the duties of his office, he shall take the same oath that is required to be taken by the clerks of the circuit courts, and shall also enter into bond, in a like sum as required of them, and he shall have the same power Powers and du- and authority, and perform the like duties, be subject to the same liabilities, and be entitled to the same fees as are or may be provided by law in relation to clerks of the circuit courts, and shall be removable from office in like manner as clerks of the circuit courts. He shall also have the power Power to issue to issue marriage licenses and all marriage licenses issued marriage liby him shall have the same force and effect as though issued by the clerk of the county court of Madison county; and all laws applicable to the clerk of the county court, in regard to marriage licenses, shall apply to the clerk of the Alton city court. censes. Process. Lien. Appeals and § 8. The process of said court shall be tested in the [name] of the clerk thereof, and shall be issued and executed in the same manner as process from the circuit court of Madison county; and process out of said court may issue against a defendant or defendants, if found in said city of Alton, in all cases; and against a defendant or defendants, to the sheriff of the county where said defendant or defendants may reside, through the state, in cases where the plaintiff or plaintiff's reside in the city of Alton and when the debt, contract or cause of action accrued in the city of Alton, or when the contract may have been specifically made payable in the city of Alton; and in all cases where there are more than one defendant, and one of the defendants resides or may be found in the city of Alton, the plaintiff commencing his action in said court may have a writ or writs issued, directed to the sheriff of any county or counties where the other defendant or defendants, or any or either of them, may be found; and all criminal process shall run through the state as criminal process issued out of the circuit court. 9. All orders, judgments and decrees of said court shall be a lien upon real estate in the city of Alton, from the rendition thereof, and shall be enforced and collected in the same manner as orders, judgments and decrees rendered in the circuit courts. And appeals and writs of error from writs of error. the orders, judgments and decrees of said court may be taken to the supreme court, and shall be had in the same cases and taken and conducted in the same manner as is provided by the laws of this state for the taking of appeals and writs of error from the circuit courts: Provided, that the judge of said court shall have full power to establish all such rules of practice, at law or in equity, as he may think necessary to expedite the business of said court; which rules Proviso. of practice shall be binding and obligatory upon the parties to suits in said court from the time they shall be entered of record. § 10. That in all cases in said court of judgments by default, Defaults. in actions ex contractu, the court may, without the intervention of a jury, assess the damages; and in all cases execution may issue forthwith upon the rendition of judgments: Pro- Proviso, ruled, the plaintiff in execution shall first file an affidavit of himself or some credible person that the benefit of his judg ment will be in danger of being lost, unless execution issue forthwith; and all executions issued out of said court shall have the same lien within the city of Alton, upon personal property, of the defendant or defendants, from the time they hall be delivered to the sheriff or other officer, to be executed as though issued out of the circuit court. confession, 11. That judgments by confession may be entered in Judgments by said court at any time in vacation, before the clerk, by filing the proper papers with the clerk; and such judgments shall have the same force and effect from the time of entry as if entered in term time. chancery. § 12. That said court shall always be open for the dis- Matters in posal of all matters in chancery, whether interlocutory or nal, and shall possess all the power in vacation which it could exercise in term time, subject to such rules and regulations, with respect to the practice, as said court may from time to time adopt: And provided, further, that no final decree shall be entered up, unless when specially authorized by statute, except at a vacation or regular term of said court. 13. The judge of said court shall hold two terms of Terms of court. said court in each year, commencing on the second Monday of April and September, and shall continue each term until all the business before the same is disposed of. The said judge shall have power to appoint special terms of said Special terms. court, at such times as he may think proper, upon giving twenty days' notice thereof in some newspaper published in said city; and all orders, judgments and decrees and proceedings, made or had at such special terms, shall be as valid and effectual as it made or had at a regular term of said court; and suits may be instituted and process made returnable to said special term in the same manner and with like effet as at a regular term of said cuort; and he shall have the power, upon entering the proper order of record in aid court, during any term thereof, to fix any number of days or times at which he will hear, at his chambers, general and special motions, arguments of demurrers, and argunents upon agreed cases, and for the making up of issues, and for the making of orders thereupon, and for the making of all nch interlocatory orders as may be necessary to expedite the proceeling in any care; and the said count shall always be considered open for hearing all matters and appli |