Abbildungen der Seite
PDF
EPUB

Sec. 22. For any violation of the provisions of the preceding section by any collector or collectors aforesaid, he or they shall be liable to double the amount so made by purchasing or sharing said warrants, at less than their face, in an action of debt, before any justice of the peace or court of record of the proper county. One half of all sums so collected to go to the person complaining, and the other half to go to, and form a part of the school fund of the county where such collector may reside.

Sec. 23. It shall be the duty of the county treasurer, of any county in this State, whenever any county order is presented for payment, to indorse on the back of any such order, the time when the same was presented for payment; and it shall also be the duty of the said treasurer, to set down in a book to be kept by him for that purpose, the amount and date of all such county orders, to whom made payable, and the time when presented to the said treasurer for payment; and all county orders shall be paid according to their original dates ; and it shall be the duty of the county treasurer, whenever any money comes to his hands, to set apart the amount of the order presented as aforesaid, which money shall be kept by the treasurer until called for; and the said treasurer, when he goes out of office, shall deliver said book, containing a list of the county orders so presented, to his successor, who shall in all things act as though the entries of orders were made by himself.

APPROVED: March 3, 1845.

CHAPTER XXIX.

COURTS.

SECTION
1. Supreme court, composed of a chief justice

and eight associates; how chosen.
2. One session of supreme court in each year.
3. To be held at the seat of Government, unless,

&c. 4. Five justices constitute a quorum; decisions

to be by a majority: 5. Justices to take oath; who may administer it. 6. May make rules of practice, &c., chief justice

shall examine clerk's office annually. 7. Appellate jurisdiction; general powers. 8. If no quorum, or court fails to sit, may adjourn

from day to day. 9. Chief justice and associate justices shall hold

circuit courts; when one is unable to hold

court another may supply his place. 10. Causes pending when court adjourns, may be

continued. 11. Process, how tested, signed and sealed, and how

returnable. 12. How process may be executed; power of court

to punish for contempts.
13. Original jurisdiction of supreme court, in case

of public officers; if bond of officer be de-
fective, may proceed against officer, and com-
pel him to account, and may give judgment;

SECTION

party to have notice ;'attorney general to pros

ecute. 14. Supreme court may appoint clerk; may remove

him for cause ; cause of removal to be entered

of record. 15. Duty of clerk to issue process; keep record;

shall be sworn; shall keep luis office at the Seat of Government; shall give bond; its con

dition; bond to be filed in secretary's office. 16. Parties in circuit court may make agreed case,

and submit same to supreme court. 17. Judge, if parties agree, may certisy case to the

supreme court; or, case may be certified by counsel; proceedings thereon in the supreme

court. 18. Two preceding sections not to apply to suits

respecting real estate. 19. Opinions delivered in supreme court to be de.

livered in writing, filed and recorded. 20. Court shall appoint reporter. 21. Reporter shall be sworn; may, for cause, be

removed from office. 22. Reporter shall deliver sufficient number of re

ports to secretary of State, for distribution

and for State library.
23. Reports, how distributed.

SECTION
24. Reports, how paid for.
25. Court may make rules of practice.
26. Salary of judges.
27. Vacancies when occurring during session of

General Assembly, how filled; when during

recess, how filled. 28. When judge does not attend circuit court on the

first day of term, what proceedings had. 29. Judges to reside in respective circuits; powers. 30. Power of judges, as to issuing process. 31. Power to hear cases of treason, felony, &c. 32. Suits, where tried. 33. Clerks of circuit courts to be sworn. 34. Shall give bond, which shall be filed in office of

secretary of State. 35. Clerks shall keep their offices at county seats;

duties generally. 36. Their fees. 37. Judge may, for cause to be entered of record,

remove clerk; removal of clerk not to dis

charge obligation of othcial bond. 38. Clerk going out of office, to deliver papers, &C.,

to successor; on refusal, compulsory process

may be used. 39. Judges shall examine clerks' offices annually. 10. Clerks of circuit courts may issue process;

how tested, dated, signed and sealed. 41, Judges may hold courts for each other; their

powers in such cases. 42. If judge fail to attend circuit court, how causes

continued.
43. Judges of circuit courts may appoint special

term for the hearing of chancery cases, pow-
ers in such cases; may appoint term for hear.
ing of civil and criminal cases; jury, how

summoned.
44. If judge be interested, cause transferred to an-

other circuit. 45. If person in custody for crime desires a trial,

how to proceed.

SECTION
46. Duty of sheriff in such case; penalty for neg.

lect; when no such special term shall be or

dered. 47. How court shall proceed in such cases. 48. How process issued in such cases, shall be exe.

cuted; power of courts to punish contempts,

&c. 49. Clerks may issue subpanas to any county. 50. Judges may, in vacation, appoint special term;

proceedings in such cases. 51. Circuit court of Sangamon county to have original

jurisdiction in cases in which State is plain

titr. 52. Suits to be brought in the name of the people,

&c. 53. Attorney general may, on his official statement,

without oath, cause writs to be issued in be

half of the State. 54. State not required to give bond. 65. Sheritts, &c., thioughout State to obey such

writs; how defendants may be arrested and

held to bail. 56. Defendants may recover costs against the State;

how paid. 67. State officers to give notice of any delinquency

to attorney general, who shall prosecute forth

with. 58. Duty of attorney general to enforce penalties of

criminal code against officers guilty of embez

zlement. 59. Oficial statements of officers to be cvidence. 60. Process, may go to any county; sees, &c. 61. Causes how docketed; other courts of the State

to have concurrent jurisdiction. 62. Process, by what officer served. 63. Construction of twelve preceding sections. 64, Sheriff' of county in which supreme court is

held, shall attend its sittings. 63. State to remain divided into nine judicial cir.

cuits; judges to hold courts therein, &c.

Section 1. There shall remain, as at present established, a supreme court, to be composed of one chief justice and eight associate justices, to be chosen and continued in office in manner and for the term provided in article fourth of the constitution.

Sec. 2. The supreme court shall hold one session in each year, to commence on the second Monday in December, and continue in session until all the business before it is dis posed of.

Sec. 3. The sessions of the supreme court shall be held at the seat of government, unless by reason of pestilence or any other public calamity, the justices thereof shall see fit to change the same until the cause of such removal shall cease.

Sec. 4. Five of said justices shall constitute a quorum for business; and all questions submitted for decision shall be determined by a majority of the justices present at the hearing.

Sec. 5. The chief justice and associate justices of the supreme court, previously to entering upon the duties required of them by law, shall, in addition to the oath to support the constitution of the United States and of this State, take the following oath of office: “I, A. B., chief justice (or associate justice, as the case may be,) of the supreme court do solemnly swear, (or affirm) that I will administer justice, without respect to persons, and do equal right to the poor and to the rich, without sale or denial, promptly, without delay, conformably to the laws, without favor, affection, or partiality, to the best of my judgment and abilities;” which oath or aflirmation may be administered by any justice of the peace in this State; a certificate whereof shall be indlorsed by the person administering the same, on the back of the commission of such judge, and another certificate thereof tiled in the office of the secretary of State.

Sec. 6. The said supreme court may, from time to time, institute such rules of practice, and prescribe such forms of process to be used, and for the keeping of the dockets, records and proceedings, for the regulation of the said court, as shall be deemed most conducive to the due administration of justice; and it shall be the duty of the chief justice to examine the state of the clerk's office of the said court annually, and make report thereof to the next term of the court which shall be noted in the proceedings.

Sec. 7. The said supreme court shall exercise appellate jurisdiction only, (except as is hereinafter excepted) and shall have final and conclusive jurisdiction of all matters of appeal, error or complaints from the judgment or decrees of any of the circuit courts of this State, and from such other inferior courts as may

hereafter be established by law in all matters of law and equity, wherein the rules of law or principles of equity appear, from the files, records or exhibits of any such court, to have been erroneously adjudged and determined. And the said supreme court is hereby empowered, authorized and enabled to take cognizance of all such causes as shall be brought before it in manner aforesaid, and shall be vested with all the power and authority necessary for carrying into complete execution all its judgments, decrees and determinations in the matters aforesaid, according to the laws, customs and usages of this state, and according to the rules and principles of the common law; and its judgments, decrees and determinations shall be final and conclusive on all the parties concerned.

Sec. 8. If there shall not be a quorum of the justices of the said supreme court present, on the first day of any term, the court shall stand adjourned from day. to day, until a quorum shall attend ; and if, from any cause, the supreme court shall not sit on any day in a term after it shall have opened, there shall be no discontinuance, but so soon as the cause is removed, the court shall proceed to business until the end of the term, or until the business depending before it shall be disposed of.

Sec. 9. The chief justice and associate justices of the said supreme court, shall hold circuit courts as is herein provided for by law; and when either of the said judges shall, by death, resignation, removal from office or unavoidable absence, fail to attend and hold any of the circuit courts required of him by law, it shall be the duty of one of the other judges presiding in either of the other circuits, upon receiving information that such courts will not be holden, to attend in the said circuit, so situated, and hold courts therein, and exercise all the powers and jurisdiction, both in term time and vacation, that the judge assigned by law to such circuit could legally do, until the causes aforesaid, which authorize and require such judge to exercise such power and jurisdiction in such circuit, shall be removed.

Sec. 10. If the said supreme court, or any of the circuit courts directed to be held by this chapter, shall not sit in any term, or shall not continue to sit the whole term, or before the end of the term shall not have heard and determined all matters and causes depending in said courts, all matters and causes depending and undetermined, shall stand continued until the next succeeding term.

Sec. 11. All process which shall be issued from the said supreme court, shall bear teste, in the name of the chief justice, be signed by the clerk, dated when issued, and sealed with the seal of the court; and all such process shall be made returnable according to law, or such rules and orders as may be prescribed by the court.

Sec. 12. Any process which may be issued from the said supreme court or any justice thereof, or the clerk, according to law, shall be executed by the cfficer

is or may

or person to whom it shall be directed in any county or place in this State, in the usual manner that process

be required to be executed and returned. The said court shall have power to punish contempts offered by any person to it while sitting, and for disobeying any of its process, rules and orders issued or made conformably to law.

Sec. 13. The supreme court shall have original jurisdiction in all causes, suits and motions against public debtors, sheriffs, clerks and all collectors of the public revenue to the State, of every denomination whatsoever; and in all cases where it may have been or may hereafter be the duty of any sheriff, clerk, collector or receiver of public moneys for the State, to make collections and settlements with the proper authority: if he or they have failed to do so or shall hereafter fail to do so and there shall appear any defect in the bond given by said officer or person or other proceeding, sufficient to exempt from liability the security.or securities of such officer or person, or to defeat the ordinary proceedings against himself, the court shall have power to compel such person, whether in or out of office, who has either collected public money, or ought to have done so, to exhibit upon oath a full and fair statement of all moneys by him collected, and a list of all persons, as far as it may be practicable to obtain the saine, of whom such person had a right to collect, and who had failed to pay him accordingly; and the court shall, upon hearing the whole-case, without regard to form, have power to give such judgment for such sum or sums of money as such person ought to be liable to pay, according to the true spirit of the law and the principles of equity: Provided, That the person or persons as aforesaid shall have due and reasonable notice of the time of proceeding against him or them as aforesaid; and it shall be the duty of the attorney general to attend and prosecute the same.

Sec. 14. The supreme court, or a majority of the justices thereof, shall appoint a clerk of said court, and may remove him from office at pleasure, for neglect of duty, mal-conduct in office, incompetency to perform the duties thereof, or for any other cause which shall be satisfactory to said court, or a majority thereof. The cause of such removal shall be entered upon the records of said court.

Sec. 15. It shall be the duty of the clerk of the supreme court, to issue process in all cases where process ought to be issued from the said court; and to keep and preserve complete records of all the decisions and proceedings of the said court: he shall, before he enters upon the duties of his office, take the following oath or affirmation before one of the justices of the supreme court: “I, A. B., being appointed clerk of the supreme court, do solemnly swear, (or affirm) that I will truly and faithfully enter on record all the orders, decrees, judgments and proceedings of the said court, and that I will faithfully and impartially discharge and perform all the duties of my said office, according to the best of my abilities and understanding according to law;" and the said clerk shall keep his office at the seat of government, and shall do and perform all such acts and things as are or may be enjoined on him, and be entitled to such compensation as is or may be provided by law. And he shall, at the first term of said court after he shall be appointed, give bond to the Governor of this State and his successors in office, for the use of the people of the State, with one or more securities, to be approved by the said court, in the sum of three thousand dollars, conditioned for the faithful discharge of his duties, and to deliver up all moneys, papers, books, records and other things, appertaining to the same, whole, safe and undefaced, when lawfully required so to do; which bond so executed as aforesaid, shall be filed in the office of the secretary of State.

be

Sec. 16. The parties in any suit or proceeding at law, or in chancery, in any circuit court, may make an agreed case containing 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 the 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 certitied to said supreme court.

Sec. 17. 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 case, and the same may certified by the counsel or attorneys of the respective parties, who shall sign their names thereto; and upon such certificate being made, the same shall be filed in the circuit court, and a copy of such certificate certified 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. 18. The two preceding sections shall not apply to cases in which the title to real estate is in question.

Sec. 19. In the decision of cases submitted to the supreme court, the opinions of the justices shall be delivered in writing, and filed with the other papers. Such opinions shall also be spread at large upon the records of the court.

Sec. 20. The court shall appoint some person learned in the law to minute down and make report of all the principal matters, drawn out at length, with the opinion of the court, in all such cases as may be tried before the said court; and the said reporter shall have a right to use the original written opinion after it shall have been recorded by the clerk.

Sec. 21. The reporter, before entering upon his duties, shall be sworn by some one of the justices of the supreme court, faithfully to perform the duties of his said office. He may, for misconduct in office, neglect of duty, incompetency, or other cause shown, to be entered of record, be removed from office.

Sec. 22. It shall be the duty of the reporter to deliver to the secretary of State, as soon as convenient after publication, such number of copies of the respective volumes of the reports of said court, as may be necessary to enable the said secretary to distribute the same in the manner provided in the following section, together with one hundred copies in addition, to be deposited in the secretary's office for the use of the State.

Sec. 23. It shall be the duty of the secretary of State to distribute the said reports, in the manner following, to-wit: He shall deliver one copy to each of the jutices of the supreme court; one copy to the attorney general, each State's attorney, and to each clerk of a court of record in this State, except the supreme court; one copy to each probate justice, and five copies to the clerk of the supreme court; one copy to the executive of each State in the United States, and five copies to the executive of the United States ; and one copy to cach of the officers of the executive department of this state, who are required to keep their offices at the seat of government.

Sec. 24. Upon the delivery of the requisite number of any volume of said reports, it shall be the duty of the secretary of State to deliver to said reporter, a

« ZurückWeiter »