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SEC. 4. If any new county shall hereafter be formed out of any portion of the territory now embraced within the fourth judicial circuit, said county or counties shall be attached to, and form a part of said circuit for judicial purposes, and the judge holding courts in the fourth circuit shall be and he is hereby authorized and required to appoint the times of holding the courts in the said county or counties, and may make such change in the other counties as may be necessary to enable him to do so, and that the judge shall give notice to the clerks of the respective counties of the time and place he shall appoint for holding under this act, which shall be published in the nearest newspaper for twenty days previous to the time of holding court.

APPROVED, March 1st, 1843.

In force, Mar. 3, 1843.

each year

AN ACT in relation to the Supreme Court.

SEC. 1. Be it enacted by the People of the State of Illinois, One term Su- represented in the General Assembly, That hereafter there preme Court shall be but one term of the Supreme Court in each year, which shall commence on the second Monday of December, and continue in session until all the business before it shall be disposed of.

Parties in circuit court may make an

agreed case

& clerk to

certify same

to Sup. Court

Errors assigned

Judges of circuit courts questions of

may certify law to Supreme Court

SEC. 2. The parties in any suit or proceeding at law, or in chancery, in circuit court may make an agreed case conany taining the points of law at issue between them, and file the same in the said court, and the said agreed case may be certified to the Supreme Court by the clerk of such circuit court without certifying any fuller record in the case; and upon such agreed case being so certified and filed in the Supreme Court the appellant or plaintiff in error may assign errors, and the case shall then be proceeded in in the same manner as it might have been had a full record been certified to said Supreme Court.

SEC. 3. Any judge of a circuit court may, if the parties litigant assent thereto, certify any question or questions of law arising in any case tried before him to the Supreme Court, together with his decision thereon, or the parties in the suit may agree as to the questions or points of law arising in the and the same may be certified by the counsel or attoragree on neys of the respective parties who shall sign their names points and thereto, and upon such certificate being made the same shall counsel certi- be filed in the circuit court and a copy of such certificate cer

Parties

fy same

may

case,

tified by the clerk of said circuit court to the Supreme Court and filed therein; and upon filing the same the like proceedings may be had in the Supreme Court as if a full and complete record had been transcribed and certified to said

court.

SEC. 4. The second and third sections of this act shall not

apply to those suits in which the title to land or real estate comes in question.

SEC. 5. In all cases where an oath or affidavit is required In cases of to be taken in proceedings in attachment, the same may be attachment taken or made before a justice of the peace, clerk of the cir- oath may be cuit court of this State, or other person authorized by law to by justice of administer an oath.

SEC. 6. This act to take effect from its passage.
APPROVED, March 3d, 1843.

administered

the peace

AN ACT to hold courts in the seventh judicial circuit.

In force, Dec. 5, 1842.

Times of hol

ding courts in

SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the times of holding circuit courts in the seventh judicial circuit, shall be as follows, to wit: in the county of Cook on the first Monday of seventh cirMarch, in the county of Will on the fourth Monday of March, cuit in the county of Iroquois, on the second Monday of April, in the county of Grundy on the Friday next after the court is holden in Iroquois, in the county of Du Page on the third Monday of April, in the county of McHenry the next Monday thereafter, in the county of Lake the next Monday thereafter, in the county of Iroquois on the first Monday of September, in the county of Grundy on the Fridays next thereafter the first Monday of September, in the county of Will on the second Monday of September, in the county of Du Page on the fourth Monday of September, in the county of McHenry on the next Monday thereafter, in the county of Lake the next Monday thereafter, in the county of Cook the Monday next thereafter.

In the county of Cook there shall be a term on the first Mon- Criminal and day of August, for the purpose of trying criminal and chance- chancery ry business only; at which term no writs on the common law term in Cook side of the docket shall be returnable. If the judge of said seventh circuit shall be unable to hold the March term in 1841, he shall be required to hold a term immediately after the court is holden in Lake county, in the spring term, 1841.

This bill having been laid before the Council of Revision, and ten days not having intervened before the adjournment of the General Assembly, and the said bill not having been returned with the objections of the Council on the first day of the present session of the General Assembly, the same has become a law.

Given under my hand, this fifth day of December, 1842.

LYMAN TRUMBULL, Secretary of State.

AN ACT to change the time of holding courts in the fifth judicial circuit.

SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That hereafter the times

In force, Mar. 4, 1843.

fifth circuit

Courts in the of holding courts in the fifth judicial circuit shall be as follows, to wit: in the county of Fulton on the second Mondays of March and August, in the county of McDonough on the fourth Mondays of March and August, in the county of Schuyler on the first Mondays of April and September, in the county of Brown on the second Mondays of April and September, in the county of Adams on the third Mondays of April and September, in the county of Hancock on the third Mondays of May and October, in the county of Henderson on the first Mondays of June and November, in the county of Warren on the Thursdays suoceeding the first Mondays in June and November, in the county of Knox on the third Mondays of June and November.

a

SEC. 2. All indictments, informations, recognizances, suits, motions, writs, process, and proceedings, civil, criminal, and in chancery, which have been or shall be commenced, returnable to or pending at any of the terms of court as heretofore required to be held in the said judicial circuit, shall be continued over and made pending at, in and to the terms of the courts as required to be held by this act respectively.

SEC. 3. This act shall take effect and be in force from and after its passage.

SEC. 4. The courts [county] of Marquette is attached to the Marquette - fifth judicial circuit, and courts shall be held therein, at such tached to fifth times as the judge presiding therein shall designate. APPROVED, March 4th, 1843.

circuit

In force, Dec. 20, 1842.

Special elec

AN ACT providing for a special election of senator in the district composed of Will, Du Page, and Iroquois counties.

SEC. 1. Be it enacted by the People of the State of Illinois, tion to be held represented in the General Assembly, That a special election shall be held on the first Monday of January, in the year of our Lord, one thousand eight hundred and forty-three, for the election of one senator in the district composed of the counties of Will, Du Page and Iroquois, to fill the vacancy occasioned by the resignation of the honorable John Pearson.

SEC. 2. Three days previous notice shall be given of said Notice to be election, by the sheriffs of the counties above named, by postgiven ing up written or printed notices of the same in each precinct of their respective counties.

made to cl❜ks

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SEC. 3. The clerks and judges of said election shall cause Returns to be returns of the same to be forwarded to the clerks of the councom'rs courts ty commissioners' courts of their respective counties on the next day after said election, on the evening of which day the Abstracts to said clerks shall call to their assistance two justices of the peace and make abstracts of said election, and on the third day after the said first Monday of January the clerks of the county commissioners' courts of the counties of Will, Du Page, and Iroquois shall meet at the clerk's office of the county

be made

election

commissioners' court of Will county, and on comparing their Certificate of respective abstracts immediately make out and deliver to the person elected a certificate of election, signed by said clerks, or such of them as may attend for that

purpose. SEC. 4. In all other respects the said election shall be conducted according to the general election law. APPROVED, December 20th, 1842.

AN ACT to regulate elections for senator and representative of Richland and Clay counties.

In force,

Feb. 8, 1843.

WHEREAS, that part of Richland county that formerly belonged Preamble to Clay county, together with Clay county, forms a repreresentative and part of a senatorial district; therefore,

taken from

Clay to vote as heretofore

Be it enacted by the People of the State of Illinois. represented in the General Assembly, That all the territory set That part of off from Clay county shall hold their election at their several Richland co. election precincts for said senator and representative as though it had not been set off from Clay county, and it shall be the duty of the judges of election in said precincts to deliver the poll books for said senator and representative, within three days after said election to the clerk of Richland county, who shall, within three days thereafter, canvass in the usual man-Duty of clerk ner the votes received in said precincts for senator and repre- of Richland sentative, and deliver an abstract thereof to the clerk of said county Clay county until otherwise provided. This act to be in force

from and after its passage.

APPROVED, February 8th, 1843.

AN ACT to regulate the mode of holding elections in Kendall county.

In force,

Mar. 4, 1843.

dall to vote

SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That Grundy county Grundy and and that portion of Kendall county formerly attached to La part of KenSalle may hereafter vote with La Salle county, for one senator with La Salle and three representatives, one of which representatives may county for be chosen from either the county of Grundy or that portion senator of Kendall county aforesaid. The commissioners of Kendall county shall lay off the election precincts in said county so as not to include in any one precinct portions of territory formerly belonging to Kane and La Salle counties.

SEC. 2. At all future elections for senator or representa- Poll books to tive the clerks of the county commissioners' courts of the be compared counties of La Salle, Grundy and Kendall shall meet at Otta- at Ottowa wa, in the county of La Salle, to compare the returns of election for senator and representatives in said counties. APPROVED, March 4th, 1843.

In force,

Mar. 4, 1843.

Preamble

Trustee of

owski appointed

His powers and duties defined

AN ACT relative to the estate of E. Mlodzianowski, deceased.

WHEREAS, Edward Mlodzianowoski, a Polish exile, died intestate at Jacksonvile, in the county of Morgan, on the 8th day of October, A. D., 1842, leaving no heirs or legal representatives in the said State, or the United States; and whereas, at at the time of his death he wasseized of a certain tract of unimproved land in said county, known and designated as the west half of the north-west quarter of section fourteen, in township sixteen north, and range thirteen, west of the third principal meridian; and was also possessed of certain moneys, notes, and articles of personal property which have not been administered upon; and whereas, it is represented that deceased had never, in his exile, been able to communicate with his native land,and had for years abandoned all hope of receiving any tidings from relatives or kindred in Poland-that Napoleon Koscialowski, of the said county of Morgan, was his companion in exile and intimate friend, and that the death of the said Mlodzianowski was sudden, and the character of his last illness such as to deprive him as well of consciousness as of ability to make known his last wishes in regard to the disposal of his property, which there is reason to believe he would otherwise have bequeathed to, or in trust for said Koscialowski and his children; therefore,

SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That all and singular the right of the State of Illinois in and to the said tract of unimproved land, and in and to the said moneys, notes and articles of personE. Mlodzian- al property, be and the same is hereby vested in Dennis Rockwell, of said county of Morgan, in trust, and with powers, first, to collect, receive, and have all dues, claims, and demands of the said Edward Mlodzianowoski, deceased, at the time of his decease, and for that purpose, to prosecute suits in his own proper name for said dues, claims, and demands, against any person or persons, in any court of proper jurisdiction; secondly, to sell, and upon the best possible terms, dispose of all and singular, the real and personal property of the said deceased, and convert the same into money, with power also, to the said Rockwell as trustee in the premises, upon sale of the said real estate, to convey the same by deed to the purchaser or purchasers; thirdly, to erect a suitable monument to the memory of the deceased at the place of his interment, out of the moneys aforesaid, the cost of said monument not to exceed the sum of three hundred dollars; fourthly, that the residue of the said estate, when converted into money, after deducting the cost of said monument, and the necessary expenses of executing the trusts herein contained, be invested by said trustee in improved farming lands in this State; which said lands shall be held by the said Dennis Rockwell upon the trusts following; that is to say, first, for the heirs at law of the said Edward Mlodzianowski, deccased, should any such appear, and law

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