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§ 4. The county judges respectively shall be entitled to a com- Compensation. pensation for their services of two dollars and fifty cents per day, for every day employed by them in holding courts, to be paid quarterly, out of the county treasuries of the respective counties, on the certificate of the clerk of said court.

courts.

§ 5. Said courts shall sit in the court house, or usual places of Times of holding holding courts in the several counties of this state, for the transaction of business, on the first Monday of every month, except the months of December, March, June and September, and on the third Mondays of said months, and shall continue open from day to day until all the business before them shall be disposed of, Said courts shall each have a seal. The clerks of said courts shall be the keepers of the seals thereof, and shall issue all process legally Powers, &c. emanating from said courts; which process shall bear date when issued, be tested in the name of and signed by the clerk, and . sealed with the seal of said court. And the clerk of said court shall perform all the ministerial duties heretofore performed by the probate courts, and shall be entitled to the fees and emoluments allowed by law: Provided, that granting letters testamentary, or of administration, except to collect, all letters of guardianship, and repealing the same, and allowing or disallowing claims against estates or persons, determining who are entitled to said letters requiring the settlement of estates, and directing the issuance of citations and attachments, shall be considered as general judicial powers under

this act.

§ 6. Whenever a vacancy shall happen in the office of county vacancy, judge, by death, resignation, removal from the county, or any other filled. cause, it shall be the duty of the clerk of said court in the county in which the vacancy may happen, to issue his orders to the judges of election in the different precincts in the proper county, requiring them, on a certain day therein named, not less than twenty days from the issuing of such order, to hold an election to fill such vacancy; which orders shall be immediately delivered by said clerk to the sheriff of the proper county, and by him, within five days after the receipt thereof, delivered to the respective judges of election to whom directed, and the judges of election shall, in pursuance of said orders, hold said election. And the clerk of said court shall, at the time of making the orders to the judges of election, make out and deliver to the sheriff as many notices of said special election for judge as there are precincts in the county; and the sheriff shall, within the said five days, cause one of the said notices to be posted up in one of the most public places in each of said. precincts.

ted.

how

§ 7. There shall be elected at the same time and places of elect- Clerk to be elecing the judges of said court, in each of the counties of this state now organized, or which may hereafter be organized, by the qualified voters thereof, a clerk of said county court, who shall hold his office for the term of four years, and until his successor shall be elected and qualified.

§ 8. Every clerk so elected shall keep his office at the county office to be kept seat, or place of holding court, for each county respectively. And at county seat. each and every clerk, before entering upon the duties of his office, shall take an oath to support the constitution of the United States Oath. and of this state, the oath prescribed in the twenty-sixth section of the thirteenth article of the constitution of this state, and also an

To give bond.

Vacancy, filled.

how

Clerk pro tem.

ed.

oath "faithfully and impartially to discharge all the duties pertaining to said office of clerk of the county court, to the best of his bilities and knowledge, according to law;" which shall be inCorsed on the commission of said clerk, and, with the commission, spread on the records of said court. (Said oaths may be taken in open court, or before any judge or justice of the peace.) He shall also enter into bond, with good and sufficient securities, to be approved by said court, in the sum of three thousand dollars, payable to the people of the state of Illinois, for the use of any person injured or the county, if injured, conditioned for the faithful discharge of the duties of said office of clerk of the county court, and for the delivering up to his successor in office all the books, records, papers and proceedings of said court, whole, safe and undefaced, as well as all property of every kind belonging to said office, when superseded in said office; which bond, when approved by the courts, shall be spread on the records thereof, and afterwards transmitted to the secretary of state and filed in his office.

§ 9. When a vacancy shall happen in the office of county clerk, it shall be filed by election, in the same manner as a vacancy in the office of judge. And the judge shall issue the orders for the election, and shall make out the notices for the same, and receive the returns of the election in the same manner that the clerk is required to do in the case of a vacancy in the office of county judge. And the judge shall aid in comparing the returns of a special election for clerk, and make eturns to the office of secretary of state, for the purpose of procuring the commission of the clerk so elected, in the same manner that the clerk is required to do in case of elections of other officers: Provided, that if a clerk pro tem. shall be appointed and qualified, within five days after any such vacancy shall occur, such clerk pro tem. shall perform the duties in this sec ion required of the judge.

§ 10. When a vacancy shall happen in the office of clerk of the may be appoint- county court, from any cause whatever, the county judge shall appoint a clerk pro tem., to continue in office till a clerk be elected and qualified. And the clerk so appointed pro tem. shall take the same oaths, and execute bonds with like conditions, with security and penalty in the discretion of the judge. And the clerk pro tem. shall have all the powers, perform all the duties, and be entitled to all the fees and emoluments, for the time he may act as such, that the regularly elected clerk of said court would possess, be bound to perform, or be entitled to.

Penalty for neglect of duty.

Circuit clerk to be recorder.

§ 11. Every clerk who shall refuse or neglect, after going out of office, to deliver to his successor in office, all books, records, papers, money, property and every thing appertaining to said office, shall be subject to indictment, and on conviction, to fine and imprisonment, in the discretion of the court before which he may be tried: Provided, the fine shall not exceed one thousand dollars, and the imprisonment one year.

§ 12. The clerk of the circuit court shall be recorder of deeds, and shall perform all other duties now required by [of] the county recorder; and if any recorder now in office should die, resign, or otherwise vacate his office before this act takes effect, in such case the clerk of the circuit court shall immediately take the office so vacated, and be entitled to receive such fees as are now, or may be, from time to time, allowed by law.

diction of court

§ 13. The county court shall be and is hereby vested with all Powers and juris the powers and jurisdiction of the probate court, as now established by law, and appeals may be taken from and writs of certiorari prosecuted upon its judgments rendered under the powers conferred in this act in the manner prescribed by law, in case of similar judgments rendered by the probate court. The county court shall have concurrent jurisdiction with the circuit court in hearing and determining all applications for the sale of real estate of deceased persons, for the payment of debts for said decendents, and may make all orders and render all judgments on such applications that the circuit court might or could make or render in similar cases. And the orders and judgments of said court shall have the same force, power and effect as the orders and judgments of the circuit court in like cases. And final process may issue as from the cir

cuit court.

§ 14. The county judge shall be a conservator of the peace, and shall have the same civil and criminal jurisdiction as the justices of the peace in this state; and shall have the same power and authority to preserve order in the court, and punish contempts offered the courts while in session that the circuit court now pos

sesses.

court.

§ 15. The said judge, with two justices of the peace designated To sit as county and provided for, shall, in all cases whatever, sit as a county court; have, exercise and possess all the power, jurisdiction, and authority heretofore conferred by law on the county commissioners' court of this state; and shall sit for the transaction of county business on the first Mondays of December, March, June and September, in every year, and shall continue open until the business before them is disposed of; and called or special terms for the transaction of county business may be held, as now provided by law for special terms of the county commissioners' courts. The sittings of said court shall be in the court house, or usual places of holding courts in the respective counties.

the

for

§ 16. On the Tuesday after the first Monday in November, in Election year eighteen hundred and forty-nine, and on the Tuesday af- county officers. ter the first Monday in November quadrennially forever thereaf ter, there shall be elected in each of the several counties of this state now organized, or that may hereafter from time to time be organized, and in the districts now established in pursua. e of the laws of this state, or that may hereafter be established, an by the qualified electors thereof, the number of justices of the pea e and constables to which such counties are now entitled by law, or to which they may hereafter from time to time be entitled; and said justices of the peace and constables so to be elected, shall exercise the powers and jurisdiction, and perform the duties, and be under the liabilities, in all respects whatever, of the justices of the peace and constables now in office, and be entitled to the same fees and emoluments, or such as may be provided by law.

jus

tices to be elect

§ 17. There shall be elected at the same times and places, in Additional each of the said several counties, by the qualified electors thereof, ed. and each county is hereby created a district for that purpose, two additional justices of the peace, whose jurisdiction shall be coextensive with the counties, and who, together with the other justices of the peace and constables provided for in the next preceding section of this act, shall hold their offices for the term of four years, and until their successors are elected and qualified, shall,

How

sioned.

commis

Vacancies, how tilled.

Aitional oath.

1uty of sheriff.

Proceedings, how conducted.

Books to be provided.

Rules.

in like manner as the other justices give bond, exercise the same jurisdiction and powers, be subject to the same liabilities, and perform the same duties; and shall, moreover, sit with the county judge as members of the court, for the transaction of all county business, and none other; and while sitting as members of the court, shall have an equal vote with the county judge on all questions and matters legally and properly before said court; shall each receive the same per diem compensation while holding courts. Any two of the three shall constitute a quorum to do business. The county judge shall be the presiding judge of the county court. § 18. The county judge, clerk of the county court, the county and district justices of the peace, in this act provided for, shall be commissioned by the governor; and the constables shall receive from the clerk, to whom election returns are made, certificates of election.

§ 19. Vacancies in the office of justice of the peace and constable shall be filled by special election, in the manner pointed out in the sixth section of this act, for filling a vacancy in the office of county judge: Provided, that in filling vacancies in the office of constable and district justices of the peace, the order for and notice of election shall be applicable to the proper district only.

§ 20. In addition to oaths to support the constitution of the United States and of this state, and an oath for the faithful and prompt discharge of the duties of their respective offices, the said justices of the peace and constable shall each take the oath prescribed in the twenty-sixth section of the thirteenth article of the constitution of this state.

§ 21. The sheriff in each county shall, by himself or deputy, attend the sittings of the county court, preserve order in the same, and execute the legal commands thereof.

§ 22. In all suits and proceedings whatever, originating in the county court, the process and service thereof shall be the same as if the proceeding originated in the circuit court, as near as circumstances will permit.

§ 23. The clerk of the county court shall provide, for the use of his office, two sets of books for the purpose of entering and preserving the proceedings of said court, while acting with the justices of the peace for the transaction of the same business, separate from those containing the proceedings and business of said court while acting judicially. And said clerk shall keep the papers and business of said court in like manner separate.

§ 24. In all cases where concurrent jurisdiction with the circuit court is given to the county court by this act, the rules of proceeding and practice shall be the same, and in all cases in which the probate court has heretofore exercised jurisdiction, the rules of proceeding and practice in the county court shall be the same as that held in the probate court. And in all cases in which the county commissioners' courts have hereto ore exercised jurisdiction, the rules of proceeding and practice in the county court shall be the same as in the county commissioners' courts. When to enter on § 25. On the first Monday of December, eighteen hundred and forty-nine, the county judges, clerks of the county court, justices of the peace and constables, provided for in this act, shall enter upon the duties of their respective offices, and on said day the term of office of the county commissioners, clerks of the county com

duties.

missioners' court, probate justice of the peace, justices of the peace and constables, then in office, shall expire: Provided, that Proviso. the justices of the peace, constables, county commissioners, clerks of the county commissioners' courts and probate justices of the peace, who shall be in office on the first Monday in August next, shall continue in office until the first Monday in December next, and until the justices of the peace, county judges and clerk of the county court, provided for in this act, shall respectively be elected and qualified: And provided, further, that a failure of any of the Further proviso.

officers last mentioned to execute bond and take the oath of office within twenty days after notice to any such officer of his election, at any general or special election, shall create a vacancy in office, and be filled by election or appointment as hereinbefore provided. APPROVED February 12, 1849.

AN ACT in relation to the Jo Daviess county court, created by act approved March 1, 1849.

SECTION 1. Be it enacted by the people of the state of Illinois, Duty of judge of represented in the General Assembly, That the judge of the seventh 7th circuit. judicial circuit is hereby authorized to hold two terms of the Jo Daviess county court, one of which terms shall commence on the first Monday of May next, and the other of said terms on the first Monday of September next, for the purpose of closing up and finishing the business of said court as far as practicable.

§ 2. That after the end of the term last above provided for no Business to be suits shall be brought in said court, and no further business shall closed. be done therein, or by the officers thereof, except to issue, at any time within six months after the close of said term, all executions, fee bills and other process, as may be necessary to finally close up and carry into effect any judgment, decree or final order of said court, made previous to the end of the term aforesaid.

§ 3. That after the adjournment of the said last mentioned term Business, of said court, all suits, pleas, process and proceedings of what kind transferred. soever, therein pending and undetermined, and all papers and records connected therewith, shall be and the same are hereby transferred to the circuit court of Jo Daviess county, to be therein proceeded with in all respects the same as though the said suits and proceedings had been originally commenced in said circuit court.

&c.,

§ 4. That after the expiration of six months from the adjourn- Duty of clerks. ment of the last term of the Jo Daviess court, herein directed to be held, it shall be the duty of the clerk of said court to transfer and deliver to the clerk of the circuit court for the said county all books, papers and records of every name, kind and description, in the custody, power and control of the said clerk, to be and remain in the custody, power and control of the clerk of said circuit court, for the use and benefit of the parties therein interested; and to remain as public records, as fully and effectually as if the said books, papers end records had belonged to, and the suits to which they pertain had originated and been prosecuted in said circuit

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