Recognizances. Appeals cation on the chancery side thereof, and the granting of all such orders as may be required or necessary in the practice of said court. §14. All recognizances, except in cases of treason and murder, taken before any judge, justice or magistrate residing in said city, in criminal cases, and when the offence shall be committed in the city of Alton, shall be made returnable to said court, and it shall be the duty of the officers taking the same to return all the papers in such criminal cases to the said court; and all fines, penalties and forfeitures had or taken in any proceeding in said court, shall inure to the benefit of said city, and shall, when collected, be paid into the city treasury. and § 15. All appeals and writs of certiorari from the deciwrits of certi- sions of justices of the peace or other magistrates within said city, may be taken to said city court of Alton, and there be heard and determined as like cases in the circuit court. orari. Changes of yenue. Proviso. Sheriff. Fees. Deputies. Pros cuting attorney. Grand and petit jurors. $16. Change of venue in all cases may be taken from said court to the circuit court of Madison county, for the same causes and in the same manner as changes of venue are now by law allowed from the circuit courts; and when the petition shall allege that the inhabitants of Madison county are prejudiced against the petitioner, the change of venue shall be to the circuit court of some adjoining county where the causes of complaint do not exist: Provided, That if the judge of said court shall not be satisfied that said petition is true, the court may require the petition to be verified by the oath of some credible person, other than the party applying for such change of venue, and may require the reasons for the belief of the petitioner to be stated in the petition. 17. The sheriff of the county of Madison shall perform the same duties, and have the same powers, and be liable to the same penalties in the said court as in the circuit courts, and shall be entitled to the like fees and compensation that now are or hereafter may be allowed for similar services in the circuit courts of this state, to be received, collected and paid in like manner as such fees now are or hereafter may be; and the sheriff of Madison county shall be required to appoint one or more deputies, who shall reside within the corporate limits of said city. § 18. The city attorney of the city of Alton shall be the prosecuting attorney of said court, whose powers, duties, fees and salary shall be the same as now provided by law, or shall hereafter be provided, in relation to prosecuting attor nies of the state, and be paid out of the state treasury in the same manner. $ 19. The grand and petit jurors of said court shall be selected from the qualified inhabitants of the said city of Alton, by the common council thereof, in the same manner that jurors are selected by the county court, at least fifteen days before the sitting of the court; and the clerk of the $20. 20. The jurors of said court shall receive, out of the Fees of jurors. city treasury, the same compensation that is allowed to the jurors of the circuit court, to be paid upon the certificate of the clerk of said court. 21. The judge of said court may interchange with the Judge may injudge of any circuit court in this state, with the same rights, terchange. duties and powers as are or may be conferred upon judges of the circuit courts of this state in like cases. $22. In all cases in said court, where, by the laws of this state, offenders may be sentenced to the county jail, the said judge shall sentence such offenders to the city jail of the city City all. of Alton; and all persons who may be committed by the magistrates or other officers of the city of Alton, for offenses committed in said city, shall be committed to said city jail, except in cases of treason; and the common council of the city of Alton shall provide for the support and maintenance of said city jail. 23. Any vacancy in the office of judge of said Vacancy. court may be filled by election at such times and place as may be appointed by the common council of said city; and the person elected to fill such vacancy, shall hold his office until the next regular election for such offices, as provided by this act. $24. That all docket and jury fees provided by law to Docket and jube paid in cases ensuing in the circuit court shall be paid in ry fees. all suits ensuing in said court, to the clerk thereof; and all persons instituting suits in said court, except by appeal, and persons in whose favor judgments shall be entered by confession, shall, before the filing of any papers or the issuing of process, pay to the clerk of said court the sum of two dollars, as appearance fee, which shall be paid by the clerk into the city treasury immediately after the adjournment of each Expenses. Repeal. term of court; which sum of two dollars shall be taxed by the clerk, in the bill of costs, to the unsuccessful party. Al expenses attending said court shall be paid by the city of Alton, except as otherwise provided by this act. $25. This act shall not be so construed as to repeal, by implication or otherwise, or in any manner affect the exist ing jurisdiction of any inferior local court heretofore established under the provisions of the constitution and laws of this state; and the act entitled "An act to give a uniform organization and jurisdiction [to inferior courts of local jurisdiction [in the cities in this state," approved February 10, 1857, shall be made a part of this act as fully as if the same had been incorporated herein. 26. This act is declared to be a public act, and shall take effect and be in force from and after its passage. APPROVED February 9, 1859. In force Febru- AN ACT to amend an act entitled "An act to incorporate the City of Aurora and ary 14, 1859. to est tb ish an Interior Court therein,"approved February 11th, 1857, and also, an act entitled "An act to establish a Court of Common Pleas in the City of Elgin," approved February 16th, 1857. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the acts Acts amended. in the title of this act mentioned be so amended that one judge shall hold each of said courts, and have all the powers and perform all the duties prescribed in each of said acts to which this is an amendment, as therein provided for the judge of the respective courts. Election. voters. 2. That an election shall be held in the cities of Aurora and Elgin, on the fourth Monday of February, A. D. 1859, by the qualified electors of each of said cities, for the election of such judge of said courts. Said election shall be conducted in the same manner that the city election of Qualification of said cities, respectively, are conducted; the qualification of voters shall be the same; and the returns shall be made to the city clerk of the respective cities; and the mayors and city clerks of said cities, or a majority of them, shall consti tute a board of canvassers, and shall meet at the city clerk's office, in the city of Aurora, within one week after said election, and proceed to canvass said votes; and the person having the highest number of votes shall be declared elected To certify re judge of said courts. And said canvassers shall certify said returns to the secretary of state, under the seal of said cities, or either of them; and said judge shall be commissioned by the governor. No person, except a person duly licensed to practice in the courts of record of this state, and who shall have attained the age of thirty years and not exceeding sixty Poard of can vassers. turns. Eligibility. years, been five years a resident of the state of Illinois, and, at the time of his election, a resident of the county of Kane, shall be eligible to said office. The person elected shall hold his office for four years, and until his succes- Term of office. sor is elected and qualified; shall receive a salary of one thousand dollars per annum, payable quarterly, out of the Salary. state treasury, and, in addition thereto, shall receive the fees now provided in the acts to which this is an amend- Fees. ment; and the said judge, in all business appertaining to the court of common pleas of the city of Aurora, shall be known as the judge of the court of common pleas of the Style. city of Aurora, and in all business appertaining to the court of common pleas of the city of Elgin, shall be known as the judge of the court of common pleas of the city of Elgin; and, before entering upon the duties of his office, shall take and subscribe an oath to perform the duties of judge of the Oath. court of common pleas of the city of Aurora, which shall be filed with the city clerk of said city of Aurora, and, also, an oath to perform the duties of judge of the court of common pleas of the city of Elgin, which shall be filed with the city clerk of said city of Elgin. And on the fourth Monday of February, every four years after said first election, an election shall be held for a judge of said courts; which Regular elec shall be conducted in the same manner as the first election provided for in this act: Provided, that if, for any cause, an Proviso. election shall not be held at the time herein specified, or in case of no choice in the election, then an election shall be called and held in the same manner provided for in case of vacancy, as specified in this act. tions. cery. 3. The said judge shall have power to appoint, in each Master in chanof said cities, a master in chancery, for the court of such city, who shall hold his office for the term of two years, and, before entering upon the duties of his office, shall give bonds, to be approved by such court, and shall take the same oath, have the same power, and perform the same duties, in their respective cities, as masters in chancery appointed by the circuit courts of this state do in their respective counties; and for his services shall receive such compensation as shall be allowed by law, or allowed by said courts, to be taxed as other costs. ney. 4. The state's attorney of the judicial circuit to which State's attor the county of Kane shall be attached shall be the state's attorney of each of said courts, and shall have all the rights, powers, and perform all the duties in said courts as appertain to his office as state's attorney of the circuit court. And the judge of said courts shall have power to appoint a state's attorney pro tem. for any of the causes that the circuit court or the judge thereof may appoint. § 5. There shall be three terms of court held each year in each of said cities: In the city of Aurora, on the second Mondays of March, June and December, and in the city of Terms of court Elgin, on the second Mondays of April, September and January; each of which terms shall be continued until all Special terms. business shall be disposed of. Special terms of each of said courts may be held in the manner provided in the respective acts to which this is an amendment. Vacancy. Practice. Circuit clerk of to keep a judg § 6. In case of a vacancy, by death, removal, resignation, or otherwise, in the office of judge, immediately upon the fact becoming known, it shall be the duty of the clerks of said courts to fix upon a time, within four weeks thereaf ter, for a new election of judge, and to give notice thereof, in their respective cities, at least ten days before said elec tion, in a public newspaper in such city, or by posting up notices thereof in at least three public places in such city, for the same time; which election shall, in all respects, be conducted in the same manner as the election provided for in section 2 of this act. 87 That the act entitled "An act to regulate the practice in the thirteenth judicial circuit," approved February 16th, 1857, shall apply to said courts; and suits may be commenced and judgments recovered in said courts, of all matters within their jurisdiction, as is prescribed in said act for the circuit court in said circuit. 8. The clerk of the circuit court of Kane county shall Kane county provide and keep in his office a well bound book or books, ment docket. for entering therein an alphabetical docket of all judgments and decrees rendered in said courts, as is now required by law for docketing judgments rendered in the circuit court, together with a column for specifying the court in which the same was rendered, and shall forthwith, upon the receipt of any certificate, as hereinafter mentioned, tile the same and enter the statement or transcript from the judgment docket of such court upon the docket aforesaid, together with the name of the court in which the judgment and the hour, day of the month, and year of filing of said certificate. It shall be the duty of the clerks of said courts, respectively, upon application of the party in whose favor a judgment or de cree shall have been rendered in such court, his agent or Clerks to make attorney, to make out a transcript from the judgment docket in his office of such judgment or decree, and certify under his seal of office, the same to be a correct statement from his Judgment to docket of such judgment. Any judgment rendered in either become a lien of said courts shall not be a lien upon any real estate in said transcript. county of Kane until the filing of said certified transcript aforesaid in the office of said clerk of the circuit court, às above provided; and upon the filing of said certified transcript of any judgmen or decree as above provided, by the clerk of the circuit co rt, such judgment or decree shall immediately become a in upon all real estate in the county of Kane, in the same manner and to the same extent and like effect as judgments and decrees in the circuit court of said county now are: Provided, that all judgments and de transcripts. on the filing Ioviso. |