CHAP. 37. COURTS. *229. Clerk to give bond. § 14. Every such clerk shall, before entering upon the duties of his office, give bond with two or more sureties, to be approved by the judge of the court of which he is clerk, which bond shall be in such penalty, not less than five thousand dollars ($5,000), as may be determined by such judge, payable to the People of the State of Illinois, and conditioned for the faithful performance of the duties of his office and to pay over all moneys that may come to his hands by virtue of his office to the parties entitled thereto, and to deliver up to his successor in office all moneys, papers, books, records, and other things appertaining to his office whole, safe and undefaced, which bond shall be copied at large upon the records of the court and then filed in the office of the secretary of State, upon which such clerk shall be immediately 15. Every such clerk shall commissioned by the governor and enter upon the duties of his office. *230. Clerk may appoint deputy. attend in person to the duties of his office when it is practicable so to do, and perform all the duties thereof which can reasonably be performed by one person; Provided, however, he may, when necessary, appoint deputies, who shall take the same oath or affirmation as is required of the principal clerk, which shall be entered at large upon the records of the court, and the principal clerk shall in all cases be responsible for the acts or omissions of his deputies. *231. Duties of clerk. § 16. Every such clerk shall attend the *232. County board-stationery. 17. It shall be the duty *233. Officers and furniture. § 18. The necessary rooms, office and furniture, the proper vaults or other safe means of keeping the archives of their respective offices shall be provided for the clerks of the probate courts in their respective counties, by the county, and the cost thereof paid out of the county treasury. *234. Books to be delivered to successor. § 19. It shall be the duty of the probate clerk to deliver over to his successor in office, and of his successor to demand and receive from him, all the books, papers, records, and other things appertaining to his office, or in his pos session by virtue of his office, and should he refuse or neglect to do so, the court shall have power to use such compulsory process and take such measures as may be necessary to compel the delivery as aforesaid, ac cording to the true intent and meaning hereof. *235. How records to be kept. § 20. In all matters concerning the probate of the estates of deceased persons, the granting of letters testamentary or of administration, letters of guardianship, the manner of keeping the records of said court, the form of docket entries, journals, fee books, memorandums, the form of process, the recording of papers and documents connected with any matter of which said court has jurisdiction, the clerk of said court shall be governed by and follow all laws now in force, or which may hereafter be enacted, concerning similar matters in the county courts of the State. *236. Fees of clerk. 21. The clerk of the probate court shall charge and collect for each official act the same fees as are allowed to clerks of the county courts of the State in probate matters, which fees shall be charged in accordance with the laws now in force or which may hereafter be enacted concerning fees and salaries, and according to the class to which the county belongs. Such clerk shall keep full, true and correct accounts of all fees collected by him, and report the same in accordance with said laws, for the keeping of which accounts no fees shall be allowed such clerk, and the same shall be open for inspection by the county board, in accordance with said laws, and all fees in excess of the compensation allowed to such clerk. and necessary clerk hire and other expenses, shall be paid into the county treasury in accordance with said laws concerning fees and salaries. *237. Clerk's fees in Cook county. § 22. Clerks of the probate court shall receive such compensation or salary as shall be allowed them by the county board, together with the amount of their necessary clerk hire, stationery, fuel and other expenses, in accordance with the provisions of the constitution ; Provided, that in the county of Cook the probate clerk shall receive, aside from cerk hire, necessary expenses for fuel and stationery, the sum of three thousand dollars ($3,000) per annum as his only compensation, to be paid out of the fees of his office *238. Salary of judge. § 23. Probate judges shall be allowed such salary as shall be fixed by their respective county boards, to be paid out of the county treasury. *239. Vacancy how filled. § 24. When a vacancy shall occur in the office of judge of the probate court of any county, the clerk of the court in which the vacancy exists shall notify the governor of such vacancy. If the unexpired term of the office made vacant is less than one year, at the time the vacancy occurs. the governor shall fill such vacancy by appointment; but if the unexpired term exceeds one year, the governor shall issue a writ of election as in other cases of vacancy to be filled by election. AN ACT to authorize county and probate Judges to perform the duties of the office of one another in certain cases. [Approved and in force April 10, 1885. L. 1885, p. 239a. When county and probate judges to perform the duties of one another. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That in case of the absence, death, resignation, or inability of the judge of a county or probate court, of any county, any county or probate judge may hold such county or probate court and perform all the duties of the judge thereof, until the return of such judge, the appointment or election of his successor, or until the disability to act ceases. 239b. Repeal. § 2. The act entitled " An act to authorize county Judges to perform the duties of judges of probate courts, in certain cases," approved May 23, 1883, is hereby repealed. 239c. Emergency. § 3. Whereas, there has been a recent death of a county judge, and a necessity thereby created to authorize a county or probate judge to perform the duties of the office of such deceased judge; therefore au emergency exists and this act shall be in force from and after its passage. CITY COURTS. AN ACT in relation to courts of record in cities. [Approved March 26, 1874. In force July 1, 1874. 240. Style of court — jurisdiction. SEC. 1. Be it enacted by the People of the State of Illinois represented in the General Assembly, The several courts of record now existing in and for cities, and such as may hereafter be established by law, in and for any city in this State, shall severally be styled "The City Court of (name of city)," and shall have concurrent jurisdiction with the circuit courts within the city in which the same may be, in all civil cases, and in all criminal cases except treason and murder, and in appeals from justices of the peace in said city; and the course of proceedings and practice in such courts shall be the same as in the circuit courts, so far as may be. (See Const. 1870, art. 6, §§ 1, 29; Schedule, 5; People v. Common Council of Aurora, 78 I 218; People v. Aurora, 84 Ill. 157; Vance v. Funk, 2 Scam, 263; Covill v. Phy, 26 Ill. 432; Holmes v. Fihlenburg, 54 I. 203; Dixon v. Dixon, 61 Ill. 324; · People v. Evans, 18 Ill. 361; Bell v. People, 1 Scam. 399; Brewster v. Scarborough, 2 Scam. 280; Beaubien v. Brinckerhoff, 2 Scam. 269; Joslyn v. Dickerson, 71 Ill. 25; Frantz v. People, 85 Ill. 362. I 241. Seal. 2. Such courts shall have a seal, and may, from time to time, as may be necessary, renew the same; the expense of such seal, and renewing the same, shall be paid by the city in which such court is or may be established. 242. Place of holding. 3. Such court shall be held at such place in said city as may be provided by the corporate authorities thereof; but if such place shall become unfit, or if no place shall be provided by such authorities, the court may, by an order to be entered of record, adjourn to or convene at a suitable place for the holding of a court within said city, and at such place may hold said court until a suitable place therefor be furnished by such corporate authorities, the expense whereof shall be borne by said city. 243. Stationery. § 4. All blanks, books, papers, stationery and furniture necessary to the keeping of a record of the proceedings of such court, and the transaction of the business thereof, shall be furnished the officers of such court by the corporate authorities, at the expense of the city. 244. Election and qualification of judges-powersvacancy. 5. The judges of such courts, respectively, shall be elected by the qualified voters of such city in the same manner that the city officers of such city are elected, but not at the same time, and shall hold their offices for the term of four years, and until their successors are elected and qualified. They shall qualify and be commissioned in the same manner, be vested with the same powers and perform the same duties as circuit judges, and be styled Judge of the City Court of (name of city)." Vacancies in such office shall be filled for the unexpired term, at a special election, to be called and held by the same authority and in the same manner that other city elections may be held, where such unexpired term exceeds one year; but where the same does not exceed one year, such vacancy shall be filled by appointment by the governor. [As amended by act approved May 21, 1877. In force July 1, 1877; L. 1877, p. 76; People v. Aurora, 78 I 218; People v. Aurora, 84 Ill. 159. 245. Exchange, with other judges, etc. § 6. Such judges, with like privileges as circuit judges, may interchange with each other, and with the judges of circuit courts, and may hold court for each other, and perform each other's duties when they find it necessary or convenient. 246. Clerks. 7. There shall be elected, in like manner as judges are elected, for each of such courts, a clerk, who shall hold his office for the term of four years, and until his successor shall be elected and qualified. He shall be commissioned, have the same powers, perform the same duties, be subject to the same liabilities, and be entitled to like fees as are now, or may hereafter, from time to time, be provided by law in regard to circuit clerks, in the county in which such city may be situate. Vacancies in such office shall be filled, for the unexpired term, [*346] at a special election, to be called and held by the same authority and in the same manner that other city elections may be held, where such unexpired term exceeds one year; but where the same does not exceed one year, such vacancy shall be filled by the court; Provided, that a clerk, pro tempore, may be appointed by the judge thereof when necessary. 247. Duties of sheriff-State's attorney. 8. The sheriff and State's attorney of the county in which such city may be situate shall each perform the same duties in said court, and in respect thereto and the process thereof, and have the same powers, be subject to the same liabilities and penalties, and be entitled to the same fees as in the circuit court of such county; and the sheriff shall appoint one or more deputies for such court, for the convenience of the business therein, who shall reside in the city where such court is established; and the judge of such court shall have power to appoint a State's attorney, pro tempore, in any of the cases where the circuit court or the judge thereof may appoint. 248. Master in chancery. § 9. A master in chancery for such court shall be appointed by the judge thereof, who shall hold his office for the same time, qualify in the same manner, be subject to the same liabilities, have the same powers, perform the same duties, and be entitled to the same fees and compensation with respect to said court and matters therein as other masters in chancery. 249. Terms of court. $10. There shall be two or more regular terms of such court in each year to be held at such times as may be fixed by an order of the court from time to time and entered of record, which order shall be published in some newspaper published in such city at least forty days before holding the first term of court under the same; and said order shall not be changed subsequently, except by an order of court entered of record at the term preceding said change, and published in a like manner. Special terms may be called and held in the same manner and with like effect as special terms of the circuit courts and subject to the same limitations; Provided, that in the city of Chicago, should such a court be established therein, there shall be held a term of such court every month in the year commencing upon the first Monday of each month and no order of court or publication shall be necessary in order to hold such terms. [As amended by act approved May 21, 1877. In force July 1, 1877. L. 1877, p. 76. 250. Adjournments of court. 11. The same rules in regard to the adjournment of such courts upon the non-attendance of a judge thereof, as are or may be provided by law in regard to circuit courts, shall apply to such courts; and the said city courts, and the judges thereof, shall have the same power, with respect to adjournments, as the circuit courts and the judges thereof now or hereafter may have by law, and the adjournment of a term in such courts shall have the like effect of an adjournment in the circuit courts, 251. Appeals from justices of the peace-certiorari. § 12. Appeals may be taken from the judgment of justices of the peace or police magistrates in such city to the city court, and writs of certiorari may issue to remove causes from before such officers to the city court, and there be heard and determined as in like cases in the circuit court. 252. Recognizances-city prison, etc. 13. All recognizances taken by any justice of the peace, police magistrate, or other officer in the city, in criminal cases, when the offense is committed in the city, except treason and murder, may be made returnable to the city court of such city; and in all such cases the defendant shall be temporarily detained in the city prison or bridewell, instead of the county jail. 253. Change of venue. 14. Change of venue from city courts, for the same causes and in the same manner, may be taken as from circuit courts, and the cases sent to the circuit court of the county, or to some other convenient court of record, where the cause complained of does not exist. [See "Venue," ch. 146. 254. Writs-orders-judgments, etc.-lien after transcript filed in circuit court. 15. The writs and process of city courts shall be issued and executed in the same manner, and shall have the same force and effect, except as limited by this act, as the writs and process of circuit courts. Orders, judgments and decrees of city courts shall have the same force, be of the same effect, and be exe[*347] cuted and enforced in the same manner as the judgments, orders and decrees of circuit courts; but such judgments and decrees shall be a lien upon real estate in such city, and the county wherein such city is situate, only after a certified transcript of the same shall have been filed in the office of the circuit clerk of the county; which transcript shall contain the names of the parties to the suit, the kind of action, the amount of the judgment, or the general nature and effect of the decree, as the case may be, and the term and time at which the suit was disposed of. [People v. Barr, 22 Ill. 241. 255. Transcript book. § 16. The clerk of the circuit court of the county shall provide and keep in his office, for each city court in his county, a well-bound book or books for entering therein an alphabetical docket of all judgments and decrees rendered in said city courts, as is now required by law for docketing judgments and decrees rendered in the circuit court; and shall forthwith, after the filing of any such certificate, enter the same therein, together with the hour, day, month and year of the filing of such certificate and the general number thereof. 256. Transcript fees. § 17. In addition to the fees now allowed by law, the clerk of the said city courts shall be allowed to charge and receive a fee of fifty cents for each certified transcript, as aforesaid, and the clerk of the circuit court shall be allowed to charge and receive a fee of fifty cents for filing and entering the same. 257. Appeals-error. § 18. Appeals may be taken and writs of error prosecuted from city courts to the supreme court, the same as in like cases from circuit courts. |