Imágenes de páginas
PDF
EPUB

ber; in the county of Menard on the fourth Monday in March, and first Monday in October; in the county of Cass on the second Monday after the fourth Monday in March, and the third Monday in October.

82.

All laws in conflict with the provisions of this act are hereby repealed.

APPROVED April 15, 1871.

AN ACT to fix the times of holding the courts in the twenty-second judicial In force July 1,

circuit.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That bereafter the times of holding circuit courts in the several counties composing the twenty-second judicial circuit shall be as follows: In the county of Whiteside on the fourth Monday in August, the first Monday in December the second Monday in March and the second Monday in June; in the county of Carroll on the third Monday in September, the first Monday in January and the second Monday in April; in the county of Ogle, the first Monday in October, the third Monday in January, and the fourth Monday in April; in the county of Lee on the fourth Monday in October, the second Monday in February and the third Monday in May. APPROVED April 12, 1871.

1871.

AN ACT to change the times of holding courts in the twenty-seventh judicial In force March circuit, and to repeal an act therein named.

22, 1872.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the Times of holdtimes for holding courts in the several counties composing ing court. the twenty-seventh judicial circuit of this state shall be as

follows, to-wit:

In the county of Douglas, on the first Tuesday in February and the fourth Tuesday in August, in each year.

In the county of Edgar, on the second Tuesdays there

after.

In the county of Vermilion, on the third Tuesdays thereafter.

In the county of Coles, on the fourth Tuesdays thereafter.

2. An act entitled "An act to fix the times of holding Repealed. circuit courts in the twenty-seventh judicial circuit, and for other purposes, purposes," approved January 30th, 1869, shall be and

the same is hereby repealed.

Transmit act

to clerks.

Emergency.

§ 3. The secretary of state shall, immediately after the passage of this act, transmit to the clerks of said courts a certified copy of this act.

§ 4. And whereas an additional week is required to the time now limited by law, in order to the proper dispo sition of business in said court in Vermilion county to be transacted at its next term, whereby an emergency has arisen, as a reason why this act should take effect forthwith therefore, this act shall take effect and be in force from and after its passage.

APPROVED March 22, 1872.

In force July 1, AN ACT to define the twenty-eighth judicial circuit, and to fix the time of

1872.

Counties.

Terms.

Repealed,

holding circuit court therein.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That hereafter the counties of Kane, DuPage and Kendall shall constitute and be the twenty-eighth judicial circuit in this

state.

§ 2. That there shall be three terms of the circuit court held each year in the county of Kane, to commence as follows: On the first Monday of February, on the first Monday of May, and on the first Monday of October.

In the county of Du Page, as follows: Commencing on the third Monday of March, and on the third Monday in September.

In the county of Kendall, to commence as follows: On the second Monday of January, and on the fourth Monday in May.

§ 3. That all acts or parts of acts in conflict with this act are hereby repealed.

APPROVED March 29, 1872.

In force July 1, AN ACT to avoid inconveniencies arising from changing the times of hold

1871.

ing the terms of courts.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That whenever the time for the holding of the term of any court has been or shall be changed by law, all summonses, subpoenas, writs, notices, bonds, recognizances, venires, papers and processes of any kind whatever, made and served for or returnable to the terms of court as existing prior to such

change, shall be deemed and taken and shall have the same force and effect as if the same had been made and served for and returnable to the terms of court as fixed by the law making such change.

APPROVED April 12, 1871.

AN ACT to provide for holding regular and special terms of the circuit court In force Dec. 9, in two or more counties in the same circuit, at the same time.

1871.

counties.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That regular In two or more or special terms of the circuit court may be held in two or more counties in the same circuit at the same time; and it shall not be necessary to close any regular or special term of the circuit court in any county before the business of said term shall be disposed of, in order to begin a regular or special term in any other county in the same circuit, if any circuit judge of the state shall consent, at the request of the presiding judge of said circuit, to preside over the pending term, or open and hold such special or regular term in such other county.

2. Whereas the great press of business in some of the Emergency. circuit courts of this state requires that this act shall take effect immediately, this act shall take effect and be in force from and after its passage.

APPROVED December 9, 1871.

COURTS-COUNTY.

AN ACT to increase the jurisdiction of county courts.

In force July 1, 1872.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That in Jurisdiction. addition to the jurisdiction now conferred by law on the county courts of this state, they shall hereafter have jurisdiction in the following cases:

1. Concurrent jurisdiction with the circuit court in all concurrent. that class of cases wherein justices of the peace now or hereafter may have jurisdiction, where the amount claimed or the value of the property in controversy shall not exceed five hundred dollars.

Appeals from justices.

risdiction.

2. Concurrent jurisdiction in all cases of appeals from justices of the peace and police magistrates: Provided, appeals from the county judge, when sitting as justice of the peace, shall be taken to the circuit court as now. Exclusive ju- 3. Exclusive jurisdiction in all criminal cases and misdemeanors, where the punishment is not imprisonment in the penitentiary, or death: Provided, that when a defendant is indicted in the circuit court for a greater offense, and is found guilty of a lesser one, such as would have been properly cognizable in the county court, the circuit court shall not be ousted of its jurisdiction, but may enter judgment and sentence as heretofore. The grand jury of the circuit court may indict for all offenses, as heretofore-which indictments, if for offenses cognizable in the county court, shall be certified to the county court for process and trial. and § 2. The process, practice and pleadings in the county court, in the cases wherein jurisdiction is conferred by this act, shall be the same as is now or may hereafter be required in similar cases in the circuit court; and the process, orders and judgments of said court in such cases shall have the same form, force, lien and effect as in like cases in the circuit court. The clerk of the county court shall be allowed for his services in such cases the same fees as are or may be allowed the clerk of the circuit court for his services in similar cases.

Process

practice.

Appeals and writs of error.

Jury.

§ 3. Appeals and writs of error shall be allowed from the final judgments of the county court, in cases under this act, to the circuit court, to be taken and tried in the same manner as is now or may hereafter be provided by law for appeals and writs of error from the circuit to the supreme court: Provided, it shall not be necessary to make out a copy of the record, but the clerk shall certify the original papers to the circuit court, nor shall it be necessary to print the abstracts and briefs: Provided, further, that this section shall not operate to deprive justices of the peace of any jurisdiction they now or may hereafter have: And, provided, in all appeal in criminal cases the court shall fix the amount of the recognizance, and when the same is executed the defendant shall be discharged from imprisonment until otherwise ordered by the appellate court, on the dismissal or trial of the appeal; and the securities may deliver their principal and be subject to liabilities, to be enforced as in other cases of recognizance.

§ 4. In all cases where a jury shall be demanded, the judge of said county court shall set all such cases down for trial at such times as shall be convenient, and shall order the sheriff to summon twenty-four jury men to attend at such time, until such jury cases are disposed of, which jurors shall perform the same duties and receive the same pay as jurors in the circuit courts: Provided, that when such jury shall be summoned, jury cases shall have precedence of all busi

ness in said court, until all such cases are disposed of. Said jurors shall be summoned, as nearly as may be, from the respective townships or precincts, in proportion to their population.

§ 5. Criminal offenses shall be prosecuted in said court ei-Criminal ther by affidavit of some competent witness or by information fenses. of the state's attorney, setting forth the offense with reasonable certainty-upon which offenses the county court shall have the same jurisdiction, and the same proceedings shall be had as upon indictments in the circuit court.

ney.

of

§ 6. The judge of the county court shall appoint a county County attorattorney to prosecute criminal cases in said court, to hold his office until a county attorney is elected (in accordance with the constitution) and qualified, who shall receive as his compensation the fees now allowed to state's attorneys for similar services, except the salary paid by the state, and such other compensation as the county authorities may allow him out of the county treasury.

87. The provisions of this act shall not apply to counties having, by the last state or federal census, one hundred thousand population.

APPROVED April 5, 1872.

COURT COMMON PLEAS.

AN ACT to repeal an act entitled "An act to establish the court of common In force April pleas in the city of Sparta, in Randolph county."

6, 1871.

WHEREAS, the court of common pleas in the city of Preamble. Sparta, in Randolph county, established by an act of the general assembly entitled "An act to establish the court of common pleas in the city of Sparta, in Randolph county," in force April twenty-sixth, in the year of our Lord eighteen hundred and sixty-nine, is unnecessary, and a source of great expense to the people of this state as well as the city of Sparta, wherefore it is deemed that an emergency exists Emergency. which requires this act to go into effect and be in force before the first day of July next;

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the Act repealed. act establishing the court of common pleas in the city of Sparta, Randolph county, in force April twenty-sixth, in the year of our Lord eighteen hundred and sixty-nine, be and the same is hereby repealed.

« AnteriorContinuar »