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§ 18. All jury fees provided by law to be paid in cases arising in the circuit court shall be paid, in all cases arising in said common pleas court, by the clerk thereof, into the city treasury immediately after the adjournment of each term of said court, which shall be taxed by the clerk, in the bill of costs, to the unsuccessful party.
$ 19. All expenses of said court, or incident thereto, shall be paid by the city of Mattoon, except as otherwise provided by this act.
$ 20. The treasurer of the city of Mattoon shall keep a separate account of all moneys paid into the city treasury by any of the officers of said court, which money shall be used for the purposes of defraying the expenses of said court, and for no other purpose ; and all jury warrants or certificates drawn by the clerk of said court shall be paid by the treasurer of the city of Mattoon, on presentation.
§ 21. This act shall be deemed a public act, and shall take effect and be in force from and after its passage.
APPROVED February 20, 1869.
In force April AN ACT to establish the court of common pleas in the city of S; arta, in 26, 1869.
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 Sparta an inferior court of civil and criminal jurisdiction, which shall be a court of record, by the name of “The Common Pleas’ Court of Sparta," and shall have concurrent jurisdiction, within the city of Sparta, with the circuit court of said county of Randolph in all civil and criminal cases, treason and murder excepted, and shall have concurrent jurisdiction with said circuit court, in said county, in all civil cases in said county, when the amount does not exceed ten thousand dollars, and in all criminal cases when the punishment does not exceed ten years imprisonment in the penitentiary; and the judge of said court shall have full power to establish all rules of practice, at law or in equity, such as he may think necessary to expedite the business of said court, which rules shall be in force from the time they are entered of record; and the judge and clerk of said court shall, respectively, have the like power, authority and jurisdiction, and perform the like duties as the judge and clerk of the circuit court of said county, in relation to all matters, suits, prosecutions and proceedings within the said county, so far as the same are not limited by this act.
$ 2. The judge of said court shall be elected by the Judge. qualified voters of said city, and shall be commissioned by the governor, and shall hold his office for six years and until his successor shall be commissioned and qualified; and no person shall be eligible to the office of judge of said conrt who is not an attorney at law, duly licensed to practice in the courts of record of this state, and who shall have attained the age of twenty-five years and been a resident of said city at least one year next preceding said election, and qualified to vote for representatives to the general assembly.
§ 3. An election for judge of said court shall be held at the time for election of city officers next after the passage of this bill, and every six years thereafter; and it shall be the duty of the mayor of said city, when the votes cast at said election are canvassed, to certify, under his own hand and the seal of said city, to the governor of the state, the number of votes received by such person for said office, and the person receiving the highest number of votes, as shown by the certificate of said mayor, shall be commissioned by the governor as judge of said court: Provided, the validity of any such election, or the right of any person declared duly elected, may be contested in the manner prescribed by statute in other cases.
§ 4. The judge shall be called “The Judge of the style of-calary Common Pleas Court of Sparta," and shall receive the same salary from the state treasury that is paid the respective judges of the circuit courts, to be paid in the same manner, and in addition thereto a docket fee of one dollar in each and every case docketed in said court.
$ 5. Said court shall be holden at such suitable place Court, where in the city of Sparta as shall be provided by the common council of said city, and shall have a seal, to be provided by said city, and it shall be the duty of the said city council, upon the requisition of said judge, to provide suitable rooms for the accommodation of said court, including court room, jury room and clerk's office, and also to provide a seal for said court, and suitable desks and record books for the use of the clerk of said court, and such other and further provisions as the judge of said court shall, from time to time, certify to be necessary for the convenience of said court.
§ 6. The judge of said court shall appoint a clerk Clerk. thereof, who shall hold his office for the term of two years; and before entering upon the duties of his office he shalí take the same oath that is required to be taken by the clerks of the circuit courts, and shall also enter into bond in a like sum as required of them, and he shall have the same power and authority, perform the like duties, be subject to the same liabilities and be entitled to the same fees as the
circuit clerk of said county is now entitled to, and shall be removable from office in like manner as clerks of the cir." cnit courts,
8.7. The process of said court shall be tested in the name of the clerk thereof, and shall be issued and executed in the same manner as process from the circuit court of Randolph conuty; and process out of said court may issue against a defendant or defendants, if found in said county, in all cases; and to the sheriff of any county or counties in the state in either of the following cases: Where one of the defendants resides in said county, when the contract was specifically made payable in said city, when the debt, contract or cause of action accrued in said city; and all criminal process shall run through the state as criminal pro
cess issued out of the circuit court. City marshal's
$ 8. The city marsbal of the city of Sparta shall have duties.
the same power and authority in said court as the sheriff of said court has in the circnit court, shall perform the same duties, be subject to the same liabilities and be entitled to the same fees as are vow by law allowed to the sheriff of said court for similar services; shall open and, either in person or by deputy, attend upon all courts and provide, under the order of the judge, such bailiffs as from time to time may be needed for the business of the court, and, be-? fore entering upon the duties of his office, shall file with the clerk of said court, and to be by him approved, bond with at least two securities in the sum of five thousand dollars : Provided, that nothing in this section contained shall be construed to prevent service of process issuing out of said court by any sheriff, coroner or constable of said court, but all process shall be directed - To the city” marshal, and all sheriffs, coroners and constables, and it shall be the duty of any and all of such officers to execute all process that may come to their hands froni said court so
directed. Judgment a lien, appeals.
$ 9. All orders, judgments and decrees of said court shall be a lien upon real and personal estates in the said county 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 court.
$ 10. That in all cases in said court, of judgment by de. fault, in actions ex contractu, the court may, without the intervention of a jury, assess the damages, and in all cases, execution may issue forth with upon the rendition of judgment:
Provided, the plaintiff in execution shall first file an affidavit of himself or some credible person, that the benefit of his judgment will be in danger of being lost, unless execution issue forthwith; and all executions issued out of said court, shall have the same lien within the said county, upon personal property of the defendant or defendante, from the time they shall be delivered to the marshal or other officer to be executed, as though issued out of the circuit court.
$ 11. That judgments by confession may be entered in Judgments by said court at any time in vacation, before the clerk, by filing the proper papers with the clerk; and such judgments shall have the same force and effect, from the time of entry, as if entered in term time.
$ 12. That said court shall be always open for the dis- Chancery japosal of all matters in chancery, whether interlocutory or final, and shall possess all the power in vacation which it could exercise in term time, subject to such rules and regu. lations, with respect to the practice, as said court '
may from time to time adopt: And, provided, further, that no final decree shall be entered up, unless when specially authorized by statute, except at a vacation or regular term of said court.
$ 13. The judge of said court shall hold twelve terms Terms. of said court in each year, commencing on the first Monday of each and every month, and shall continue each term until all the business before the same is disposed of; and the said court shall always be considered open for hearing all matters and applications on the chancery side thereof, and the granting of all such orders as may be required or necessary in the practice of said court: Provided, that if, from sickness or any other cause, the judge should not be present to open court by noon of the second day of any term, then the court shall stand adjourned until the next regular term.
$ 14. All recognizances, except in case of treason or Recognizanmurder, taken before any judge, justice or magistrate, reces, fines, etc. siding in said city, in crimival cases, shall be made returnable to said court, and all fines, penalties and forfeitures, had or taken in any proceeding in said court, shall inure to the benefit of said city, and shall, when collected, be paid into the city treasury, after first deducting docket fees and fees dae clerks and marshal in cases where fees were not collectable.
§ 15. All appeals and writs of certiorari, from the de- Appeals from cisions of justices of the peace or other magistrates within said city, shall be taken to said court and there be heari and determined as like cases in the circnit court.
16. Change of venue may in all cases be taken from Change said court to the circuit court of Randolpli county, for the
same causes and in the same manner as changes of venue are now by law allowed from the circuit court, and when the petition shall allege that the inhabitants of Randolph county are prejudiced against the petitioner, the change of venue shall be to the circuit of some adjoining county where the causes of complaint do not exist : Provided, that if the judge of said court shall not be satisfied that said petition is true, the court may require the petition to be verified by the oath of some credible person, other than the party applying for such change of venue, and may require the reasons for the belief of the petitioner to be stated in
the petition. Prosecuting attorney.
The city attorney of the city of Sparta shall be the prosecuting attorney of said court, whose powers, duties, fees and salary shall be the same as now provided by law, or shall hereafter be provided, in relation to prosecuting attorneys of the state, and be paid out of the state treasury in the same manner.
§ 18. The grand and petit jurors of said court shall be selected from the qualified inhabitants of said city by the common council thereof, in the same manner that jurors are selected by the county court, at least ten days before the sitting of the court, and the mayor of said city shall certify to the clerk of said court, a list, respectively, of the grand and petit jurors, whose duty it shall be at once to issue summons and deliver it to the marshal of said city, to be executed in the same manner as now provided for summons in jurors of the circuit court; which jurors shall possess the same qualifications, be liable to the same penalties and punishments aud 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 : Provided, that grand juries shall be summoned only for the January and Angust terms, and petit juries for the same terms: Provided, nevertheless, that the judge of said court may order special, grand and petit juries, either or both, whenever in his judgment it is necessary, and that he shall order a special venire whenever a jury is demanded in any case
before him on trial. from jury duty.
$ 19. The inhabitants of said city shall not be required to act as grand or petit jurors in the circuit court of Randolph county, and the city of Sparta shall be exempt from paying any part of the expenses of the circuit court of Randolph county from and after the first Monday of
June, A. D. 1869. Compensation $ 20. The jurors of said court shall receive out of the to jurors.
city treasury the same compensation that is allowed to the jurors of the circuit court, to be paid upon the certificate of the clerk of said court.