In force March 6, 1869.

Jurisdiction.

Judge.

Style of, compensation.

Place of holding court.

Clerk.

AN ACT to establish a recorder's court in the city of El Paso.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That there shall be established in the city of El Paso, in the county of Woodford, in this state, an inferior court of civil and criminal jurisdiction; which said court shall be a court of record, by the name of "The Recorder's Court of the City of El Paso," and shall have concurrent jurisdiction in the city of El Paso with the circuit court of Woodford county, in all cases civil and criminal, except murder and treason. § 2. That the judge of the circuit court of said Woodford county shall be, ex officio, judge of the recorder's court of the city of El Paso, and shall possess the same powers, as such judge, as are vested in the judge of the circuit court, except as limited by this act; and said judge may interchange with any judge of the circuit courts of this state, in the same manner as now provided by law for interchange between circuit judges.

§ 3. The judge of said court, while acting in his capacity as such, shall be called judge of the circuit court of Woodford county, and ex officio judge of the recorder's court of the city of El Paso; and the board of supervisors of said Woodford county, or the city council of the city of El Paso, may pay to said judge such compensation as they may deem proper, not exceeding the sum of five hundred dollars per annum.

§ 4. Said court shall be held at such place in the city of El Paso as shall be provided by the city council of said city of El Paso, and shall have a seal, to be provided by said city.

5. There shall be a clerk of said conrt, to be elected in the same manner as the mayor of said city of El Paso, and under the ordinances of the city now in force, or which may hereafter be in force in said city in relation to the election of mayor; and the clerk of said city of El Paso, under the seal of said city, shall certify to the governor the number of votes received by each person for said office, and the person receiving the highest number of votes, as shown by the certificate of the said clerk, shall be commissioned by the governor as the clerk of said court: Provi ded, the validity of any such election or the right of any person declared duly elected may be contested in the manner prescribed by the statutes in other cases. The said clerk shall hold his office for the term of four years, and shall, before entering upon the duties of his office, take the same oath and enter into bond as is required to be taken and entered into by the clerks of the circuit courts; and he shall have the same power and authority, and perform like

duties, be subject to the same liabilities, and be entitled to the same fees as are now or may hereafter be provided by law in relation to clerks of circuit courts, and shall be removable from office in like manner as clerks of the circuit courts.

§ 6. In case of the death, resignation or removal of said Vacancy. clerk of said court, the judge thereof shall have power to fill the vacancy until the next regular election to be held in said city for mayor, when the vacancy shall be filled by election, as heretofore provided.

$ 7. The process of said court shall be tested in the Process. name of the clerk thereof, and shall be issued and executed in the same manner as process from the circuit court of said Woodford county; and process out of said court may issue against a defendant or defendants, if found in said city of El Paso, in all cases, and against a defendant or defendants to the sheriff of the county where the said defendant or defendants may reside, in cases where the debt contracted or cause of action accrued in the city of El Paso, or where the contract may have been specially made payable in the city of El Paso; and in all cases where there are more than one defendant, and one defendant resides or may be found in the city of El Paso, the plaintiff commencing his action in said court may have a writ or writs issued, directed to the sheriff of any county or counties where the other defendant or defendants, or any or either of them, may be found; and all criminal process shall run through the state, the same as criminal process issued out of the circuit courts, and all civil process issued out of said court shall have the same force and effect as similar process issued out of the circuit

courts.

§ 8. All orders, judgments and decrees of said court Lien. shall be a lien upon real estate in the county of Woodford from the rendition thereof, and shall be enforced and collected in the same manner as orders, judgments and decrees rendered in the circuit court, and appeals and writs of error from the orders, judgments and decrees of said court may be taken to the supreme court, and shall be had in the same cases, and taken and conducted in the same manner as is provided by the laws of this state for the taking of appeals and writs of error from the circuit courts.

9. The judge of said court shall have full power to Rules of pracestablish all such rules of practice at law and in equity as he may think necessary to expedite the business of said court, which rules of practice shall be binding and obliga. tory upon the parties to suits in said court from the time they shall be entered of record.

10. That in all cases in said court the judge shall Defaults. have the same power to assess damages in cases of default

Terms.

as is now given to judges of circuit courts, and in all cases execution may issue forthwith upon the rendition of judg ment, where the same is authorized in circuit courts; and all executions issued out of said court shall have the same lien within the county of Woodford upon the personal property of the defendant or defendants, from the time they shall be delivered to the sheriff or other officer, as though issued out of the circuit court.

§ 11. There shall be three terms of said court in each and every year, commencing on the third Monday in February, first Monday in June and second Monday in September, respectively, and shall continue until all the business before the court is disposed of. The judge of said court shall have power to appoint special terms of said court at such times as he may think proper, upon giving twenty days' notice thereof, in some public newspaper published in said city.

Recognizances. 12. All recognizances, except in cases of treason and murder, taken before any judge, justice, or magistrate residing in said city, in criminal cases, and when the offences shall be committed in the city of El Paso, shall be made returnable to said court, and it shall be the duty of the offcers taking the same to return all the papers in such criminal cases to the said court, and all fines, penalties and forfeitures had or taken in any proceeding in said court shall be paid into the city treasury of said city of El Paso to defray expenses of said court.

Change of ven

ue.

Sheriff.

Prosecuting

attorney.

13. Changes of venue in all cases may be taken from said court to the circuit court of said Woodford county for the same causes and in the same manner as changes of venue are now by law allowed from the circuit courts; and when the petition shall allege that the inhabitants of Woodford county or the judge of said court are or is prejudiced against the petitioner, the change of venue shall be to the cir cuit court of some adjoining county, where the causes of complaint do not exist.

14. The sheriff of said Woodford county shall perform the same duties and have the same powers, and be liable to the same penalties in the said court as in the cir cuit court; and all officers executing any process of said court shall be entitled to like fees and compensation that are now or hereafter may be allowed for similar services in the circuit courts of this state, to be received, collected and paid in like manner as such fees are now or hereafter may be; and the sheriff of Woodford county shall be required to appoint one or more deputies, who shall reside within the corporate limits of said city of El Paso.

15. It shall be the duty of the prosecuting attorney of said county to attend the terms of said court, and perform the like duties which he is required by law to perform

in the circuit court, and in the case of his absence the judge of said court shall have power to appoint a state's attorney pro tem, the same as in case of the absence of that officer during the terms of circuit courts.

§ 16. The grand and petit jurors of said court shall be Jurors. selected from the qualified inhabitants of said city of El Paso by the city council thereof, in the same manner that jurors are selected by the board of supervisors, at least fifteen days before any of the regular terms of said court, and the clerk of the city of El Paso shall, within five days thereafter, certify to the clerk of said court a list, respectively, of the grand and petit jurors, whose duty it shall be to issue and deliver to the sheriff of Woodford county, or his deputy, a venire, as provided for jurors in the circuit court, which jurors shall possess the same qualifications and be liable to the same penalties and punishments, and have the benefit of the same excuses and exceptions as are imposed and allowed by the laws of this state to jurors in the circuit courts, and shall take the same oaths, possess the same powers, and be governed in all their proceedings in the same manner as is prescribed, imposed and allowed in the case of jurors in the circuit courts.

17. The jurors of said court shall receive out of the Compensation. county treasury of said Woodford county the same compensation that is allowed to jurors of the circuit court, to be

paid upon the certificate of the clerk of said court.

§ 18. In all cases in said court the judge shall possess Judge's power. the same power in all respects to pass sentence, and other powers in relation to cases in said court, as is possessed by

the circuit judges while holding court as such.

$ 19. All docket and jury fees provided by law to be Fees. paid in cases inuring in the circuit court shall be paid in all suits inuring in the said court to the clerk thereof, the same as is now or may hereafter be required by law in the circuit courts. All expenses of said court, except as is herein otherwise provided, shall be paid by the city of El Paso.

$ 20. The process of said court may be directed to any Process, of the counties of this state in the same manner and shall have the same force and effect as similar process issued out of the circuit courts.

§ 21. It shall be the duty of the city council of said court house. city of El Paso to provide and maintain a suitable building or rooms for the holding of said terms of court in said city of El Paso, and the said city council shall have power, if they see proper to do so, to issue bonds of said city of El Paso, for any sum they may deem necessary, not exceeding the sum of twenty-five thousand dollars, at the rate of interest not exceeding ten per cent. per annum, payable semiannually, for the purpose of erecting a court house and jail in said city for the accommodation and use of said court.

22. This act shall be deemed a public act, and shall take effect and be in force from and after its passage. APPROVED March 6, 1869.

In force March AN ACT supplemental to an act entitled "An act to establish a recorder's

6, 1869.

Repeal.

Jurisdiction

and clerk.

court in the city of El Paso."

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That sections two (2), three (3) and five (5), and such other parts of the act to which this is supplemental, inconsistent with this act, is hereby repealed.

§ 2. The recorder's court of the city of El Paso and power of judge the judge and clerk thereof shall respectively have the like powers, authority and jurisdiction, and perform the like. duties as the circuit court in said county of Woodford and the judge and clerk thereof in relation to all matters, suits, prosecutions and proceedings within the city of El Paso, so far as the same is not otherwise limited by the act to which this is supplemental.

and clerk-how elec

Judge ted.

Compensation.

Clerk's fees.

Elections.

§ 3. The judge and clerk of said court shall be elected by the qualified voters of said city, and shall respectively hold their office for four years and until their successors shall be elected and qualified; the first election shall be held at the next annual election for mayor of said city, after the passage of this act, and like elections shall be held every four years thereafter at the same time and under the same regulations as the election of mayor in said city, as is now or may hereafter be provided by law.

8 4. The judge of said court shall be paid such compensation as the city council of the city of El Paso may deem proper, not to exceed the sum of one thousand doÏlars per annum; and the said city council may increase its rate of taxations above the rate now allowed by law, to an amount sufficient to raise the sum which shall be allowed said judge, in addition to the amount required for other purposes.

5. The clerk of said court shall be entitled to the same fees as are now or may hereafter be provided by law, in relation to clerks of circuit courts, for like services, and shall be removable from office in like manner as clerks of the circuit courts.

86. The person having the highest number of votes for the offices of judge and clerk, respectively, shall be declared elected thereto, and shall be commissioned by the governor: Provided, their election may be contested as in