tween the taking of such appeals and the next term of the recorder's court of said eity, it shall be optional with the appellant to take his appeal to either of said courts.

$7. The state's attorney of the judicial circuit in which Prosecuting atsaid cities are situated, shall be the prosecuting attorney of torney. said courts, and for his services therein shall receive an additional compensation of one hundred dollars for attending each of said courts and discharging the duties pertaining to his office therein, per annum, to be paid out of the same fund and in the same manner as his salary as state's attorney for the circuit court is paid.

8. The sheriff of La Salle county shall perform the Sheriff. same duties and have the same powers and be liable to the same penalties in each of said courts as in the circuit; and said sheriff and the clerks of said courts shall respectively be entitled to the like fees in all civil and criminal cases as are now allowed by law for similar services in the circuit court in criminal cases, to be collected out of the defendant, if convicted: Provided, That if the defendant has no pro- Proviso. perty on which to levy, the said fees shall be paid out of the city treasuries, respectively.

$9. The grand and petit jurors for said courts, respect- Grand and pitively, shall be selected from the voters of said cities, who it jurors. have paid a city tax for the preceding year, in the following manner: The city councils of said cities shall annually select one hundred names, who are qualified to act as jurors, and who are not exempt from such service, from the list of such voters, and transmit the same to the clerks of their respective courts, who shall keep a record thereof in a book to be provided for that purpose, and deposit such names upon separate pieces of paper in a jury-box, from which he shall draw the names of the grand and petit jurors in the presence of the judge of said courts, the sheriff or his deputy, and such persons as may see fit to attend, at least ten days before each term of said courts, notices of the time and place of such drawing having been given by said clerks, by posting the same upon the door of the office for five days immediately preceding such drawing: Provided, That the name Proviso. of no person shall be put into said box who has been drawn as a juror therefrom for the preceding year; nor shall the names drawn therefrom in any year be replaced in said box during said year, but the names put in said box shall be annually renewed: Provided, That if, for any cause, said grand Proviso, and petit jurors shall not be selected and drawn in the manner aforesaid, or in case of vacancies in the panel thereof, or of the exhaustion of the same, said court may direct the same to be summoned by the sheriff, as now provided by law. All venires for jurors in said courts shall be issued by the respective clerks thereof and executed by the sheriff, as in other cases; and all laws in relation to jurors, their compensation, duties, powers, authority and proceedings, as far

Proviso.

Changes of

venue.

as not inconsistent with the provisions of this act, shall be applied to each of said courts: Provided, That all docket fees, now or hereafter allowed by law, shall be paid into the city treasuries of the respective cities; and said cities shall pay the petit jurors and said courts such sum as they may think proper, and no pay is to be allowed them from the county treasury.

§ 10. Changes of venue, in all cases, civil and criminal, may be taken from either of said courts to the circuit court of La Salle county, when the party praying for such change of venue, or his attorney, shall make affidavit that in his or her belief justice and a fair and impartial trial requires such change of venue, stating in such affidavit the particular facts and circumstances upon which such belief is founded, and no other or further change of venue shall be allowed. and § 11. Appeals may be taken and writs of error prosewrits of error. cuted from said courts to the supreme court, in the same manner as is now provided by law in relation to appeals and writs of error from the circuit court to the supreme court.

Appeals

Regular terms.

Proviso.

Vacancies.

12. The regular terms of said courts, shall be held as follows: The recorder's [court] of the city of La Salle shall be held on the first Mondays of January, April, July and October, in each year; and the recorder's court of the city of Peru shall be held on the third Mondays of March, June, September and December: Provided, that the common councils of said cities may notify the judge of said courts before the close of any term of the court in their city, "that it is their wish that the next succeeding term of said court should not be held ;" in which case the judge shall cause an order to be entered on the records of said court that there shall be no court held there at the next succeeding term; which said order shall have the same effect for that particular year at which it is entered as though said term was abolished by law. And all suits, matters and proceedings in said court, not otherwise disposed of, shall go over to the next term to be held; and all suits, matters and proceedings thereafter commenced for the next term, shall be entitled as of the next term to be held.

13. Any vacancies in the office of judge or clerk, in either of said courts, may be filled as follows: The judge, by appointment of the governor, and the clerks, by the appointment of the judge until after the first election for those officers, as provided for by this act; and after that, by election, in such manner as the common council of said cities may respectively direct; and the person or persons entitled to fill such vacancies, when duly qualified, shall hold their respective offices until the next regular election and until their successors are duly elected and qualified: Provided, also, that a clerk, pro tem, may be appointed by the judge, when he shall deem it necessary.

$14.

attor

In case the state's attorney shall fail, at any time, State's to attend to the business properly belonging to his office, in ney pro tem. either of said courts, the judge may appoint a state's attorney, pro tem, who shall receive for his services such compensation as is allowed to the state's attorney under the provision of act this.

$ 15. The proceedings and practice in said courts shall Practice. couforin, as near as may be, to the proceedings and practice in the circuit court.

§ 16. All judgments, decrees and proceedings in said Liens. courts shall be liens in like manner and to like extent as the same in the circuit court; and all sales of property, made by virtue of any process of either of said courts, shall be made at the place of holding the court out of which the same issued.

17. The clerk of each of said courts shall certify, Jury fees. under the seal of his court, to the treasurer of LaSalle county, the amount due each grand juryman who may have served as such in their respective courts; which said certificate shall be delivered to said treasurer, within twenty days after the close of each term; and it shall also be their duty, within twenty days after the close of each term of said courts, to certify, in like manner, to the Recorder of La Salle county, a list containing a brief description of all judgments and decrees rendered during the last term of Clerks certify their court, and the recorder shall enter the same on the judgments. books of his office, for which service he shall be entitled to receive the sum of twenty-five cents for each and every judgment or decree so certified, to be paid by the clerk certifying the list: Provided, that the said clerks need not cer tify any judgment or decree until he receives or has tendered to him the sum of twenty-five cents for the recorder and a like sum for his own services; and no judgment or decree rendered in either of said courts shall be a lien on Lien. real estate after twenty days from the end of each term, until they are certified to the recorder.

18. The city councils of said cities, respectively, shall Books and staprovide the proper books and stationery for the use of their tionery. respective courts, and a suitable prison or jail for the safe keeping of prisoners; and all laws in relation to keeping Prison. prisoners and sending convicts to the penitentiary, not inconsistent with the provisions of this act, shall apply to prisons and convicts held under the process of said courts.

§ 19. There shall not be any grand jury called for either Grand jury. of said counties, except at the January term of the LaSalle court and the March term of the Peru court: Provided, the judge may, at any term of either of said courts, by the proper order entered upon the records of said court, cause a special grand jury to be summoned.

20. The act entitled "An act to give a uniform organ- Act ization and jurisdiction to inferior courts of local juris- rated.

incorpo

diction in the cities in this state," approved February 10, 1857, shall be a part of this act, as fully as if the said act had been expressly incorporated in and made a part of this

act.

§ 21. This act shall be a public act, and be in force from its passage.

APPROVED February 19, 1859.

In force February 21, 1859.

ed.

AN ACT to reform the Probate System,

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the county Jurisdiction in courts of this state, judicially sitting, shall have concurrent dower grant jurisdiction with the circuit courts of this state, in the assignment of dower, in cases where petition is presented for the sale of real estate to pay debts, and that where a petition is presented for the sale of the real estate of a deceased, to pay debts, and it appears that there is a dower interest in the land sought to be sold, it shall be lawful for the court, on the petition of the person entitled to dower, or adminisCommissioners trator of the estate of said deceased to appoint commissioners to assign dow- to assign dower in such real estate, to the person entitled thereto, in the same manner as is now provided by law for the assignment of dower by commissioners, by the circuit courts of this state.

er.

Books.

82. Be it further enacted, That the county clerks of this state shall each provide a well bound book, with proper headings, and neatly ruled, (where the same is not already provided,) to be called a "Docket," in which they shall enter all the unsettled estates in their office-the name of the administrator; the date of the letters of administration; the amount of the bond, and the names of the securities thereto; the names of the heirs and widow, when known; the time of filing inventory and sale bill, and amount of sale bill-leaving a sufficient margin for remarks. Said book to be prepared substantially in the following form:

The doccket shall have an alphabetical index, in which shall be entered each estate, and the page upon which it is docketed.

$ 3. That whenever a person having a claim against an Claims. estate shall fail to present the same for adjustment at the term of court selected by the administrator, it shall be the duty of said person, if he wish to prosecute said claim, to file a copy thereof with the proper county clerk, with an order for a summons to the administrator. It shall be the duty of the clerk, upon the filing of such copy and order, to issue a summons, directed to the sheriff of the county, requiring such administrator to appear and defend said claim at a term of court therein specified, which summons, when served, shall be sufficient notice to the administrator of the presentation of said claim: Provided, the same was served Proviso. ten days before the return day thereof; in which event, the court may, in the absence of the administrator, proceed to determine said cause. In case ten days' notice is not given, then said cause shall be continued until the next term of the court, unless the administrator is willing to go into the trial thereof.

et.

4. It is hereby made the duty of the several county Judgm't dockclerks of this state to provide a well bound book, to be called "Judgment Docket," with proper headings, and neatly ruled, in which shall be entered all claims filed against estates, in the order in which they are filed, setting forth the name of the claimant and of the estate against which the same is filed; the nature and amount of the claim; if summons was issued thereon, when and where returnable, with sufficient margin opposite each claim for the judgment of the court; which book shall be prepared and kept substantially in the following form:

When a claim is filed, docketed, and service had upon the administrator, the court shall, at the term to which the summons is made returnable, proceed to hear evidence and determine the merits of the claim, unless by good cause shown by either party, the case is continued until the next term of the court: Provided, no person making claim against Proviso.