ary or of administration shall be grantable in the county of such judge, such facts shall be entered upon the records of such court and certified to the circuit court of such county, Provided, that in case the judge is interested only as a creditor, no change need be made except in relation to his claim. [See " Ad ministration," etc., ch 3. § 69; L. 1854, p. 15, § 1. 205. Powers of circuit court. § 115. Upon the filing of a copy of such certificate with the clerk of the circuit court, such court shall have full and complete jurisdiction in all matters pertaining to such estate, and may make all orders and take all proceedings therein which might have been made or taken in the county court if the judge thereof had not been interested. [L 1854, p. 16, § 5. 206. Powers of circuit clerk. § 116. In all cases transferred to the circuit court under the two preceding sections, the clerk of such court shall have the same authority to grant citations and letters testamentary and of administration in vacation as is given to clerks of the county court. 207. Criminal cases- information-form of-justice's jurisdiction not affected. § 117. All offenses cognizable in county courts shall be prosecuted by information of the State's attorney, attorney-general or some other person, and when an information is presented by any person other than the State's attorney or attorney general, it shall be verified by affidavit of such person that the same is true, or that the same is true as he is informed and believes. Before an information is filed by any person other than the State's attorney or attorney-general, the judge of the court shall examine the information, and may examine the person presenting the same and require other evidence and satisfy himself that there is probable cause for filing the same and so indorse the same. Every information shall set forth the offense with reasonable certainty, substantially as required in an indictment, and may be filed either in term time or in vacation, and the proceedings thereon shall be the same, as near as may be, as upon indictment in the circuit court, except as herein otherwise provided Nothing in this act shall be construed to affect the jurisdiction of justices of the peace. Parris v. People. 76 Ill. 274. 208. Bail. 118. The court in term time, or the judge in vacation, shall fix the amount of bail to be required of the accused, and the clerk shall indorse the same upon the capias, except that when the capias is issued in term time, the same may be made returnable forthwith, when it shall not be necessary to fix the amount of the bail until the accused is brought into court 209. Plea of guilty-trial by court. 119. The court may receive the plea of guilty and pass judgment, or, if the accused will waive a [344] jury and be tried by the court without a jury, the court may, upon notice being first given to the State's attorney, try the cause and pass judg. ment as well at a probate as a law term of said court 210. Transfer of indictments from circuit courtprocess plea of guilty in vacation. § 120 When the grand jury of the circuit court shall indict for offenses, cognizable in the county court, such, indictments may, in the discretion of said circuit court, be certified under the seal thereof to the county court for process and trial, which process shall be the same as like process in the circuit court and the said county court in term time, or the judge thereof in vacation shall fix the amount of bail to be required of the accused, and shall forthwith, on the receipt of such certified indictment, order a capias in each case, which capias the clerk shall issue, either in term time or vacation, indorsing upon the same the amount of bail required of each defendant by the court or judge. When such capias is executed in term time, and the court being in session, the sheriff shall bring the defendant into court forthwith * but if the court shall have temporarily adjourned, the sheriff shall, if sufficient bail be offered, take bond in the amount named in the capias, conditioned for his appearance in said court on the day and hour to which it stands adjourned, and when the canias is executed in vacation, the sheriff shall, in like manner, take bond conditioned for his appearance in county court as the law directs in cases of recognizances in the circuit court and in default of such bond shall commit the defendant to jail, there to await trial. The judge of the county court shall bave power to receive a plea of guilty to an indictment and to pass judgment thereon as well in vacation as in term time; and the said county court or the judge thereof in vacation shall have like power to order the clerk to issue capias on informations filed, as is by this section given in cases of certified indictments: Provided, such indictments may be certified to said county court, as above provided, at any time before trial, and in case of capias issued, arrest made or bail taken in the circuit court before such indictments are so certified, such facts shall, in like manner, be certified to said county court, and the same proceedings shall thereafter be had thereon in the county court in all respects as could be had in said circuit court, or as if capias were issued, arrest made or bail taken as above provided [AS amended by act approved June 30, 1885. In force July 1, 1885. L. 18-5, 211. Form of certificate-full record-criminal court Cook county. § 121. In certifying indictments from the circuit court to the county court, the clerk of the county court may use the following form substantially: STATE OF ILLINOIS, SS.: afore I, clerk of the circuit court, in and for the county of said, do certify that the within bill of indictment was, on the day of duly presented in open court by the grand jury of said county, and being duly examined by the said circuit court, it was ordered by the court that the same be certified by the clerk of the circuit court to the county court for process and trial, which is done accordingly. Which certificate, when indorsed on the back of any indictment, shall be sufficient to warrant a trial and conviction of any party charged in any indictment so certified, and shall be deemed a sufficient record to authorize the county court to try the party so indicted; Provided, either party may ask for and obtain a rule on the clerk of the circuit court for a complete record, duly and properly certified, of any cause pending in the county court having been certified as aforesaid; and it shall be the duty of the clerk of the circuit court to obey any rule of the county court for the purpose aforesaid; and when a complete record shall be so certified to the county court, said court shall be governed thereby in all respects in all its proceedings; Provided, further, that nothing in this act contained shall be construed as affecting the jurisdiction of the criminal court of Cook county, as now provided by law. 212. Appeals- trial de novo. 122. Appeals may be taken from the final orders, judgments and decrees of the county courts to the circuit courts of their respective counties in all matters except as provided in the following section, upon the appellant giving bond and security in such amount and upon such conditions as the court shall approve, except as otherwise provided by law. Upon such appeal, the case shall be tried de novo. [Higgins v. People, 69 Ill. 11; Holcomb v. People, 79 Ill. 409; Gilkerson v. Scott, 76 Ill 509; Lewis v. People, 82 Ill. ros; Ashford v. People, 82 Ill. 215; Hough v. Harvey, 84 Ill. 308; Johnson v. People, 84 Ill. 377; Lucas v. Dennington, 86 . 89; Bowlesville M. &. M. Co v. Pulling, 89 Ill. 58; Hulett v. Ames, 74 Ill. 253; Walker v. People, 84 Ill. 58; Stanley v. People, 84 Ill, 212. 213. Appeals and writs of error to supreme court. 123. Appeals and writs of error may be taken and prosecuted from the final orders, judgments and decrees of the county court to the supreme court or appellate court, in proceedings for the confirmation of special assessments, in proceedings for the sale of lands for taxes and special assessments, and in all common-law and attachment cases, and cases of forcible detainer and forcible entry and detainer. Such appeals and writs of error shall, when not otherwise provided, be taken and prose cuted in the same manner as appeals from, and writs of error to, circuit courts. [As amended by act approved May 30, 1881. In force July 1, 1881. See Adminis trations," etc., ch. 3, 8 123; "Revenue," ch. 120, § 192; Quincy R. R. Bridge Co. v. City of Quincy, 77 Ill. 107; Fowler v. Pirkins, 77 Ill. 271; Ashford v. People, 82 111. 215; Johnson v. People, 84 Ill. 377; Steele v. Steele, 89 Ill. 51; Walker v. People, 84 Ill. 60; Hough v. Harvey, 84 Ill. 308; Lucas v. Dennington, 86 Ill. 89; Hulett v. Ames, 74 Ill. 253. Appeals in criminal cases. In all appeals 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. 214. Power to complete business. 124. The several county courts shall have the power to hear and determine all causes pending in such courts at the time this act shall take effect, and to enforce all judgments, orders and decrees entered therein, or in any cause of which they may have had jurisdiction previous to the taking effect of this act. Appeals and writs of error may be prosecuted from such judgments, orders and decrees. [Lucas v. Dennington, 86 Ill. 89. 215. Repeal. § 125. An act entitled "An act to increase the jurisdiction of county courts," in force July 1, 1872, is hereby repealed ; Provided, that nothing herein contained shall be construed to affect any rights or remedies that may have accrued under said act hereby repealed. [*345] Nor shall any suit or proceeding pending in the county court under the act hereby repealed be abated by such repeal, and all such suits or proceedings pending, when this act takes effect, shall stand continued to the first term of court to be held under the provisions of this act. PROBATE COURTS. AN ACT to establish probate courts in all counties having a population of seventy thousand, or more, to define the jurisdiction thereof, and to regulate the practice therein, and to fix the time for holding the same. [Approved April 27, and in force July 1, 1877. Laws 1877, p. 79. As amended by act approved May 21, 1881. In force July 1, 1881. L. 1881, p. 72. *216. Style of court — seal. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That there shall be established in each county of this State, now created and organized, or which may be hereafter created and organized, and which has a popula tion of seventy thousand, or more, a court of record to be styled The Probate Court of (name of) county." Such court shall have a seal and may from time to time, as may be necessary, renew or alter the same. The expense of such seal, and of renewing and altering the same, shall be paid by the county. [As amended by act approved May 21, 1881, and in force July 1. 1881. L. 1881, p. 72. *217. Where to be held. § 2. Said courts shall be held in the court-houses of the respective counties in which they shall be established, or in the usual places of holding courts, or in suitable rooms provided therefor at the county seat. *218. Election of judge-term of office. § 3. The judge of said court in each county in which such court shall be established shall be elected on the Tuesday next after the first Monday in November, at the same election at which the county judge is elected, and every fourth year thereafter, and shall enter upon the duties of his office on the first Monday of December after his election, and shall hold his office for a term of four years and until his successor is elected and qualified, and shall be known as the probate judge of (name of) county. *219. Judge to take oath. 4. The probate judge of each county in which a probate court shall be established shall, before entering upon the duties of his office, take and subscribe and file with the secretary of State the oath required by the constitution. *220. Jurisdiction. § 5. Probate courts shall have original jurisdiction in all matters of probate, the settlement of estates of deceased persons, the appointment of guardians and conservators and settlement of their accounts, and in all matters relating to apprentices, and in cases of the sales of real estate of deceased persons for the payment of debts. And as soon as such court is organized in any county, the county court of such county shall turn over to the probate court all of its probate records, and all files, books and papers of every kind relating to probate matters in such county court, and all records, files and papers in matters of guardianship and conservators, and the clerk of the probate court shall be authorized to demand and receive from the county clerk all such records, files, books and documents, and upon the receipt thereof, the probate court shall proceed to finish and complete all unfinished business relating to probate, guardianship and conservatory matters in the manner provided by law. *221. Terms of court - always open. § 6. The terms of the probate court shall commence on the third Monday of each month during the year, and shall be always open for the granting of letters testamentary, letters of administration and guardianship, and for the transaction of probate business and all other matters of which it has jurisdiction, and shall continue open from day to day until all business before it is disposed of. *222. Jury trial-fees of jurors. § 7. The probate court shall have the power to impanel a jury for the trial of issues or matters of fact in any matter or matters pending before the court, and for such purpose the court may at any time, when it becomes necessary to have a jury, direct the clerk of said court to issue a venire for either six or twelve competent jurors and deliver the same to the sheriff or coroner or any bailiff of the court, who shall summon such jurors from the body of the county to be and appear before said court at any term or day named in such venire, and if by reason of non-attendance, challenge or otherwise, said jury shall not be full, the panel may be filled by talesmen. Said court shall have the same power to compel the attendance of jurors and witnesses as the circuit court has or may hereafter have, and jurors to act as such in said court shall possess the same qualifications and be entitled to the same privileges of exemption and subject to the same rules of challenge for cause or peremptorily as jurors in the circuit courts of the State. When such jury shall be brought into said court the court may retain such jury during the term or any portion thereof, as may be necessary for the trial of any matter or matters of fact which in the discretion of the court requires a jury. The per diem and mileage of said jurors shall be the same as they are for jurors in the circuit court, to be paid out of the county treasury upon the presentation of a certificate of the clerk of said court, issued to each juror at the time of their discharge, certifying to the number of days he may have attended court as a juror and the amount of juror fees and mileage due him. *223. Practice and pleadings. 8. The process, practice and pleadings in said court shall be the same as those now provided, or which may hereafter be provided, for the probate practice in the county courts of the State, and all laws now in force, or which may hereafter be enacted concerning wills, or the administration of estates, shall govern and be applicable to the practice in the probate courts of the State. *224. Duties of sheriff. §9. The sheriff, in person or by his deputy, shall attend the sittings of the probate court of his county, preserve order in the same and execute the legal commands and process thereof. *225. When judge interested. § 10. Whenever the probate judge of any county is interested in the estate of any deceased person, and the letters testamentary or of administration shall be grantable in the county of such judge, such estate shall be probated in the county court of such county, unless the county judge be also interested, in which event the facts of such interest may be entered of record in the probate court of the county, and certified to the circuit court of the county, and upon the filing of such certificate with the clerk of the circuit court, such court shall have full and complete jurisdiction in all matters pertaining to such estate under all laws of this State concerning the administration of estates or the probate of wills, and in all cases so transferred the clerk of said circuit court shall have the same power in all matters of such estate, in term time or vacation, that the clerk of the probate or county court has; Provided, that, if the probate judge is only interested as a creditor, no change may be made except in relation to his claim. *226. Appeals. §. Appeals may be taken from the final orders, judgments and decrees of the probate courts to the circuit courts of their respective counties, in all matters except in proceedings on the application of executors, administrators, guardians and conservators for the sale of real estate, upon the appellant giving bond and security in such amount and upon such condition as the court shall approve, and upon such appeal the case shall be tried de novo. [Darwin v. Jones, 82 Ill. 107. *227. Appeals - sale of real estate. § 12. Appeals and writs of error may be taken and prosecuted from the final orders and decrees of the probate court to the supreme court, in proceedings on the application of executors, administrators, guardians and conservators for the sale of real estate. Such appeals and writs of error, when not otherwise provided, shall be taken and prosecuted in the same manner as appeals from and writs of error to the circuit court. [Darwin v. Jones, 82 Ill. 107. *228. Clerk — election — term. § 13. There shall be elected at the same time as the probate judge is elected, a clerk of the probate court, who shall hold his office for a term of four years and until his sucressor shall be elected and qualified. Before entering upon the duties of his office he shall take and subscribe the oath required by the constitution of the State. |