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crees rendered at any term of either of said courts, a certified transcript whereof shall be filed as aforesaid within five days after the adjournment of such court, shall have no preference or priority of lien over each other: And provided fur- Proviso. ther, that all judgments entered in vacation, in either of said courts, shall be liens upon all real estate in said county from the time of filing such certified transcript as aforesaid. In addition to the fees now allowed by law, the clerks of said courts shall be entitled to charge and receive the sum of fifty cents for each certified transcript, as aforesaid, and the clerk of said circuit court shall be entitled to charge and receive the sum of fifty cents, to be taxed and collected as part of Clerk's fees. the costs of suit: And provided further, that any execution Proviso. or attachment issued out of either of said courts and levied upon any real estate in said county shall be a lien upon such real estate from the time of filing a certificate thereof, in the manner provided in section 25, chapter LVII, Revised Statutes of 1845, in relation to judgments and executions.

9. That the present judges of said courts shall hold Present judges their respective offices and perform the duties now required of them until the election and qualification of judge under this amendatory act; and upon the election and qualification of such judge the tenure of office of said judges, under the acts to which this is an amendment, shall expire.

10. All writs, subpoenas, recognizances and other pro- Process, cess, which have been or may be issued out of and made returnable to the terms of the respective courts, as heretofore required by law, shall be deemed and taken returnable to the said terms of the courts, as required to be holden under this act; and all notices which may have been given, either by publication or otherwise, with reference to the terms heretofore required to be holden, shall, by force of this act, refer to the term of the courts, as herein required to be holden; and all proceedings pending in said courts shall be taken up and disposed of as if no alteration had been made in the terms of holding said courts.

11. There shall be charged and collected, as other Jury fee. costs, in each suit in said courts, a jury fee of three dollars, which shall be paid into the respective city treasuries as a jury fund. And hereafter compensation to jurors shall be paid as follows: For jury attending the trial of civil cases, out of the city treasuries respectively; and for criminal cases, out of the county treasury; and all fines and forfeit ures collected in said courts, respectively, shall be paid into the county treasury, except for the violation of city ordi

nances.

§. 12. Be it further enacted, That the provisions of an act Act continued entitled "An act to give uniform organization and jurisdic- in force. tion to inferior courts of local jurisdiction in this state," approved February 10th, 1857, be and the same are hereby declared to be re-enacted and in full force as a part of this act.

Acts modified.

§ 13. That all and every part of said acts to which this is an amendment shall be and remain in full force, validity and effect, except those parts which are in conflict or inconsistent herewith, and those are so far modified as to be consistent with this act.

$14.
This act to be in force from and after its passage.
APPROVED February 14, 1859.

In force Febrů- AN ACT to amend an act entitled "An act to establish the Court of Common ary 14, 1859. Pleas of the City of Cairo."

ers:

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the court Addition'l pow- of common pleas of the city of Cairo, as the same was established and organized by virtue of the provisions of an act entitled "An act to establish the court of common pleas of the city of Cairo," approved February 6th, 1855, shall, in addition to the powers and jurisdiction conferred or intended to be conferred upon the same by said act, have and possess, within the city of Cairo, as the same now exists or hereafter may be extended, equal and concurrent powers and jurisdiction with the circuit courts of this state, as they .now or may hereafter exist, except in cases of treason and murder; and the rules of practice, pleadings, and all other proceedings therein, as well as the presumptions of law relative thereto, shall be the same in every respect as are or may be those established by the laws and decisions of the supreme court of this state relative to or concerning the circuit courts of this state.

Additi'n'l pow§ 2. Be it further enacted, That the judge of the said ers of judge. court of common pleas, heretofore appointed, commissioned and qualified, under and by virtue of the provisions of the said act of the general assembly, approved February 6th, 1855, as aforesaid, and his successors in office, in addition to the powers and jurisdiction conferred or intended to be conferred on them by said act, shall have and possess, in term time and in vacation, all such powers, authority and rights, except in cases above excepted, as are or hereafter may be by law vested in or conferred upon the judges of the circuit courts of this state; and in the exercise and enjoyment thereof shall be subject to the same rules and limitations as are or may be enacted for or with reference to the judges of the circuit courts aforesaid.

Judge may in

3. Be it further enacted, That said judge of said court of terchange with common pleas, and his successors in office, may, by agreement with any circuit judge of this state, interchange duties, and hold in each other's place, respectively, their respective

circuit judges.

courts, or any circuit judge of this state may, upon request of the judge of the court of common pleas aforesaid, preside in and hold the court of common pleas aforesaid, during any term or part of term, as he may consent, and whilst sitting in said court the said circuit judge shall be limited in his power only by the exceptions above in this act mentioned. In like manner the judge of the court of common pleas aforesaid, and his successor, may, by mutual arrangement with any circuit court judge, hold and preside in the circuit courts of this state, and whilst so presiding shall have and exercise in said circuit courts all the powers of a circuit judge.

attorey.

§ 4. Be it further enacted, That the state's attorney for Additi'n'l powthe said court of common pleas heretofore appointed, com- ers of state's missioned and qualified, under and by virtue of the act approved February 6th, 1855, as aforesaid, and his successors in office, in addition to the powers and duties conferred or intended to be conferred by that act, shall have and possess the powers and perform all the duties within said. city as the same now exists or hereafter may be extended, as are by the laws of this state incumbent upon the several state's attorneys of the several circuit courts of this state, and, in all respects, be upon an equal footing with the said May circuit attorneys, and may interchange duties with them in change duties. like manner as they may with each other.

5. Be it further enacted, That the clerk of said court, Clerk. now in office, or hereafter to be appointed, shall give bond, and in all respects perform the same duties, in the same manner, and be liable to the same extent as the clerks of the circuit court of this state; and for his services shall be entitled to the same fees [as are now] or may hereafter be established for like services done by clerks of the circuit court; and the tenure of said office shall be during the pleasure of the judge of said court of common pleas.

6. Be it further enacted, That the marshal of the city Marshal. of Cairo, for the time being, shall perform all such duties of, in and for said court of common pleas within said city as are now or may hereafter be by law performed by the sheriffs of the several counties of this state in and for the circuit courts; and, before entering upon the duties of his office for said court, he shall execute bond and qualify in the same manner as sheriff's of counties do, and receive fees in like manner as the sheriffs of the counties of this state, and may, in like manner as sheriff's, appoint a deputy: Provided, that the certificate of the deputy's appointment Proviso and qualification shall be filed with the clerk of the court of common pleas and recorded by him on the records of said

court.

inter

§ 7. Be it further enacted, That if, in any case, there Vacancy in the shall hereafter be a vacancy in the office of marshal for office of marsaid city, or if, in any case, the said marshal shall neglect or

shal, &c.

Process.

Bailiff

Lien.

refuse to perform any duty in connection with or relating to said court, the sheriff of Alexander county, by himself or deputy, upon application of the party interested to him, shall be and is hereby required to perform the same, subject to all such penalties and liabilities, in case of his failure or neglect, in any respect, as if like services or duties had been required of and neglected by him in and for the circuit court; and whenever any process shall come to his hands, or possession, to be executed, he shall execute and make return thereof to the said court, in like manner as he is or may be by law required to do for the circuit court; or the judge of said court of common pleas may, in term time or vacation, in case said marshal neglect or refuse to perform any duty, make an order requiring the sheriff of said county to act as aforesaid, in and for said court, and, upon the same being delivered to or served on said sheriff, he shall, in all respects, by himself or deputy, conform thereto, so far as the exigencies of said court and order of said judge may require him so to do; and, for his services performed under this provision, said sheriff shall be entitled to fees, the same as if like services has been rendered for the circuit court, to be collected and paid in like manner.

§ 8. Be it further enacted, That the processes of said court shall issue under the seal thereof, and be tested in the name of the clerk and returned in like manner as similar processes emanating from the circuit courts. Said process shall be directed to the officer authorized by law to execute the same, and with respect to all matters, suits, prosecntions and proceedings, in said city shall run, be executed and returned with like effect as other similar processes issued by local inferior courts within the cities of this state do now or hereafter may, by virtue of the laws of this state.

$9. Be it further enacted, That whenever the judge of said court shall deem it for the public good, or whenever the interests of suitors in said court make it necessary, he may, either in term time or vacation, appoint a bailiff or bailiffs, who shall, for the time being, discharge the duties of marshal or sherifi of said court: Provided, however, that no bailiff shall be appointed to act for a longer period than three months; and the same shall be specified in the order of appointment: And provided, further, that any bailiff, so appointed, shall qualify and give bond in the same manner as sheriffs are required by law to do.

$10. All judgments, decrees and orders of said court, lawfully made, shall have the same force and effect and within said city shall operate as a lien in all such cases and to the same extent as similar judgments, decrees and orders of the circuit courts do within the counties where rendered. And any party to any of said judgments, decrees or orders, shall have the right to acquire liens on the property of judg ment debtors situated out of the limits of said city in the

same manner as such liens may be acquired under and by virtue of similar orders, judgments and decrees of the circuit court, where property is out of the county in which the same is rendered.

11. Be it further enacted, That in all criminal cases, Imprisonment. where the defendant shall be convicted in said court of common pleas of any offense punishable by law with fine and imprisonment in the county jail, or imprisonment only, it shall be lawful for the defendant to be sentenced by said court to imprisonment in the city prison or jail of the city of Cairo, in like manner as the circuit court could for similar offence sentence defendants to imprisonment in the county jail, and whilst so imprisoned, shall be subject to the ordinances of the city of Cairo.

12. Be it further enacted, That in case any vacancy Vacancies. shall happen in the office of judge or state's attorney of said court of common pleas, by the resignation, death, or any other cause, of the present judge and state's attorney, or their successors in office, the same shall be filled by the legal voters of said city of Cairo, as it now exists or may hereafter be extended, at an election, to be held for that purpose, to be called in the same manner as in the case of vacancies in the office of judge of the circuit courts of this state.

§ 13. Be it further enacted, That all the parts of the Acts repealed, act to which this is an amendment, which are inconsistent with the provisions of this act, be and the same are hereby repealed; and all parts of said act, not inconsistent herewith, are hereby re-enacted and continued in full force and effect. § 14. Be it further enacted, That all fines assessed in Fines. the court of common pleas of the city of Cairo shall be collected by the proper officers of said court and paid over to the city authorities of said city in the same manner as fines assessed by the circuit court are now by law collected and paid to the county authorities, and the same may be used and appropriated by said city as other revenues are.

15. Be it further enacted, That this act shall be in Act in force, force from and after its passage, and shall not be construed to affect or in any manner repeal any acts or parts of acts relative to any other court in this state, nor shall this act or any part thereof be repealed by implication.

16. Be it further enacted, That the provisions of an Acts continued act entitled "An act to give uniform organization and jurisdiction to inferior courts of local jurisdiction in this state," approved February 10th, 1857, be and the same are hereby declared to be re-enacted and in full force as a part of this act.

§ 17. Be it further enacted, That in all cases of forcible Forcible entry entry and detainer or of forcible detainer brought within and detainer. said city of Cairo, either party appealing may, as he may prefer, appeal to the circuit court of Alexander county or to the said court of common pleas.

APPROVED February 14, 1859.

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