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Sec. 12. In case of the death, sickness or non-attendance of any grand or petit juror after he shall have been sworn upon the jury, or where any such juror as aforesaid, after being sworn as aforesaid, shall, for any reasonable cause, be dismissed or discharged, it shall be lawful for the court to cause others, if necessary, to be suminoned and sworn in his or their stead.
Sec. 13. Whenever a failure takes place to hold a regular term of any of the circuit courts of this State, and a special term of said court is called, it shall be the duty of the sheriff to summon, for said special term, the list of grand and petit jurors furnished for the regular term preceding.
Sec. 14. The county commissioners' courts of this State are hereby authorized, at any special term of their courts, to select lists of grand and petit jurors in the manner herein provided, for any special term of the circuit courts in their respective counties.
Sec. 15. It shall be the duty of the county commissioners' court to arrange and select the grand and petit jurors as aforesaid, so that no one person shall serve on the jury a second time, before all fit persons of the county shall have respectively served in rotation, according to the best information that can be obtained.
Sec. 16. There shall be allowed and paid to grand and petit jurors for their services in attending circuit courts of the several counties in this State, the sum of seventy-five cents per day, for every day necessary in attending courts as aforesaid, as such jurors, and for every mile of necessary travel, to be computed from the place of holding courts, to the residence of the juror, tive cents per mile, to be paid out of the county treasury, as now provided by law, for the payment of grand and petit jurors.
Sec. 17. Whenever any person shall be summoned as talesman, to attend any circuit court as a petit juror and shall be detained as such, longer than one day, such person so summoned shall be allowed inileage from the place of holding courts to the residence of such juror, in the same manner as though such person had been originally selected and summoned. Mileage only to be computed one way.
Sec. 18. The clerk of the circuit court shall furnish to each of the jurors aforesaid, (and without fee,) whenever he shall be discharged from further service by the court at any term thereof, a certificate of the number of days he may
have attended at such term, and upon the presentment thereof to the county treasurer, he shall
pay to such person the sum above provided for his services, Sec. 19. A jury fee of three dollars shall be taxed with the costs of each suit, which, with the docket fee provided by law, shall be collected by the clerk of the court, and paid into the county treasury, there to remain and be held as a special fund for the payment of jurors' fees.
Sec. 20. There shall be allowed to each juror in a civil case before a judge of probate, justice of the peace or other than in a circuit court, the sum of twenty-five cents.
Sec. 21. The fee of each juror attending an inquest held over a dead body shall be twenty-five cents, payable out of the county treasury.
Approved : March 3, 1845.
JUSTICES OF THE PEACE AND CONSTABLES.
1. Justices and constables, when and how elected. 2. Number to be elected in each precinct. 3. Term of office. 4. Vacancies, how filled. 5. When additional justices and constables may
be elected in certain precincts; their terms. 6. New counties, manner of holiling elections in. 7. Jurisdiction of justices and constables. 8. Justices to be commissioned by the Governor ;
constables, their authority to act. 9. To be sworn. 10. Justices to give bond; its condition; how ap
proved, filed, and to whose use held. 11. Constable to give bond; its condition; to whom
payable, and to whose use held. 12. If justice or constable do not take oath and file
bond in twenty days, office to be vacant. 13. On the filing of bond of justice, clerk of county
commissioners court, shall transmit certiti.
cate of election to Governor. 14. By whom oath of office to be administered, and
certificate thereof made; record to be kgit. 15. Resignations, how made; record thereof kept. 16. If there be no constable in a precinct, any jus.
tice may appoint. 17. Cases in which justices have jurisdiction, par.
ticularly recited. 18. Jurisdiction extends to cases in which demands
have been reduced by credits. 19. Justices, when duly qualified, may collect mon
ey. 20. Record of suits to be kept by justice. 21. Suit to commence by summons; form of; day
of trial; when summons to be served. 22, Warrant to arrest, may issue on oath of plain
tiff'; form of; defendant may give bail and be released; condition and form of bail bond;
when bail may be exonerated. 23. When cause shall be heard in absence of the de
fendant. 24. If plaintiff fail to appear, suit to be dismissed. 25. When joint defendants are sued, and all served,
how cause to proceed, form and effect of judgment; is debts appear to be different, how
to proceed; separate claims, how disposed of. 26. When joint defendants are not all served, what
judgment may be given. 27. Continuances, for what causes granted; for
what time and on what conditions. 28. When parties appear, trial to proceed; how
conducted; judgment; costs; interest. 29. Defendant sued may pay to constable the sun
due and be exonerated. 30. Evidence to be under oath; hand-writing; dep
ositions. 31. Denial of signature to be on oath. 82. If witness be unable to attend, his deposition
may be taken ; for which, cause may be con
tinued. 33. If witness reside out of county, his deposition
may be taken.
SECTION 34. Notes, &c., purchased after commencement of
suit, not to be admitted. 35. All demands which may be consolidated, must
be introduced, is not exceeding in all, one hun
dred dollars. 36. Subpoena, form of, service or. 37. Four witnesses only, to be named in one sub
poena. 38. Fees of witnesses; how paid. 39. Party not having witness to prove particular
fact, may have testiniony of adverse party, or
give his own. 40. Party desiring such testimony, to file affidavit;
form of summons to testify. 41. If defendant do not appear and testify, plaintiff
may testify. 42. Amicable suit, without process. 43. May arbitrate; judgment to be entered on
award. 44. Either party may have jury; how called and 45. Form of writ summoning jurors. 46. Six jurors may try right of property, unless
party desires twelve. 47. Jury must be demanded before evidence heard;
fees of jury must be tendered. 48. If witness or juror fail to appear when sum
moned, how punished. 49. When juror interested or absent, officer may
summon substitute. 50. Improper conduct in court, how punished. 51. When cause may be removed before another
justice. 52. Continuance; depositions. 53. Execution to stay twenty days, unless oath be
filed that debt will be lost. 54. Execution, how issued; on what levied; when
returnable; form of. 55. When execution may issue to another county. 56. Duty of otficer in such other county. 57. In what case, and how judgment may be made
lien on real estate. 58. Appeal to circuit court, how taken; security to
be given. 59. Form of appeal bond. 60. Bond to be filed with, and approved by justice;
proceedings suspended, and transcript certi.
fied by justice to circuit court. 61. Or bond may be filed in circuit court, and super
sedeas issued by clerk; appellee to be sum
moned. 62. On the issuing and service of suposedcas, jus
tice shall suspend proceedings and return cer
tified transcript. 63. One of several plaintiffs or defendants may ap
peal. 64. Proceedings when one of several, appeals. 65. If bond be defective, party appealing may file
new bond. 66. Trial of appeals in circuit court, to proceed on
merits, without written pleadings.
SECTION 17. If it appear that justice had no jurisdiction of
the case, it may be dismissed. 18. Parties and their rights same in trial of appeal,
as before justice. 69. Rights secured on trial of appeal. 70. Liability of security on appeal bond. 71. Execution to issue as in original cases. 72. Certiorari, writs of, by whom may be issued. 73. Cortiorari not to issue after six months. 74, Bond to be given before writ issues; the writ;
duty of justice to certify transcript, &c. 75. Petition for writ of certiorari; what it shall set
forth. 76. On service of writ, proceedings to be stayed. 77. Reversal of judgment not to vitiate sale on jus.
tice's execution, but court may assess dama78. When judgment a lien on personal, and when on
real estate. 79. Duty of constable on receiving execution ; levy;
notice of sale; sale. 80. Constable may remove property ; defendant, giv.
in, bond, may retain it; if property be not delivered, other property of defendant, and of se.
curity may be taken. 81. Defen.lant paying or tendering payment, to es.
cape costs. 52. Constable, on return of execution, to pay money
collected, to justice ; justice to post up list of
fees; penalty for Elect. 83. Who shall give bond for costs; form of bond. 84. Liability of security; if bond be not given when
required, suit to be dismissed. 85. When defendant evades service, how it may be
made. 86. Justice may appoint special constable in cases
of emergency. 87. Duty of county commissioners' clerk on elec.
tion of constables, duty of sheriff' at terms of
court. 88. Duly of constable to apprehend offenders, sup
press riots, and serve process. 89. Plaintiff in trespass or trover, on filing oath
may hold defendant to bail. 90. Execution may be against chattels or body of
defendant. 91. When defendant secretes property, he may be
held to bail. 92. If defendant be not surrendered by special bail,
bail to be summoned; form of summons; ser
vice; return. 93. If party do not appear, proceedings and judg
niont. 94. If he appear, he may show cause for not sur
rendering principal; what sutficient excuse. 95. Justice may cause arrest for breach of the peace,
&c.; try ottender and impose tine. 96. His duty on rendition of verdict of jury. 97. Execution; levy; sale of property; proviso.
SECTION 98. If defendant have no property, body to be taken ;
tinal discharge by imprisonment. 99. Appeal in such cases; bond to be given; pro
ceeding stayed. 100. Verdict in circuit court; its effect. 101. Other person or party, dissatisfied with verdict,
may appeal; trial and judgment in circuit court; liability of party appealing; he shall
not be a witness on the appeal. 102. On such appeal, justice to return to circuit
court, the names of witnesses. 103. When other person appeals, defendant to be
summoned; is not found, how to proceed. 104. If defendant plead guilty, fine, low assessed;
judgment and execution thereon. 105. Prosecution barred after twelve months, unless
defendant be absent. 106. Justices to return list of fines assessed to clerk
of county commissioners' court; penalty for
neglect. 107. Constable to pay over money collected; penalty
for neglect; may collect tines before execution
issued. 108. Money to be paid to county treasurer. 109. If prosecution be malicious, prosecutor to pay
costs. 110. When docket of justice is transferred to an
other, his duty respecting business, papers,
&c. 111. What pioperty exempt from execution. 112. If justice resign, remove or die, his docket, pa
pers, &c., to be delivered to his successor. 113, Constable going out of office may complete busi
ness in his hands. 114. Term, effect and construction of official bonds of
justices and constables. 115. Justice failing to deliver books, &c., to his suc
cessor, how punished; further liability on offi
cial bond. 116. Justice or constable refusing to pay over money,
how proceeded against; penalty. 117. How delinquent may avoid paying full penalty. 118. Constable failing to return execution at proper
time, liable on official bond; how proceeded
against. 119. On trial, certificate of official bond to be read in
evidence. 120. On judgment rendered, execution to be issued,
but property of sureties not to be taken until
that of principal be exhausted. 121. Judgment to be for full penalty of bond, execu
tion to issue for amount duc. 122. Execution to be issued on subsequent breaches
of bond; defendant to be summoned by scire
facias. 123. Securities, extent of their liability; liability of
principal, not limited. 124. Justices and constables may appeal, &c., as in
Section 1. Justices of the peace and constables shall be chosen on the first Monday of August in each year, in the manner prescribed in the seventh and subsequent sections of chapter thirty-seven, title “elections.”
Sec. 2. Two justices of the peace and two constables shall be elected in each election precinct in each county, except that precinct in which the county seat is located, in which there shall be three justices of the peace and three constables elected.
Sec. 3. Justices of the peace and constables shall hold their offices for the term of four years, and until their successors are elected and qualified, except in cases herein specified.
Sec. 4. When a vacancy shall happen in the office of justice of the peace or constable in any precinct, it shall be the duty of the clerk of the county commissioners' court of the county in which the vacancy shall so happen, to issue his order to the judges of election in the district, requiring them on a certain day, not less than twenty days from the date of such order, to hold an election to fill such vacancy, and the said judges shall, at the time appointed in said order, hold an election to till such vacancy, and conduct the same, and make returns thereof, which shall be opened, examined, abstracts thereof made and transmitted to the secretary's office, as in other cases.
Sec. 5. The county commissioners' court of any county may, when they deem it necessary, cause an election to be held in the precinct in which the county seat is located, for the election of one additional justice of the peace and two constables, who shall hold their offices until the next quadrennial election of justices of the peace and constables, and until others are elected and qualified. At such quadrennial election, the whole number of justices of the peace and constables to which each precinct is herein entitled, shall be elected.
Sec. 6. When a new county shall hereafter be created, it shall be the duty of the court of county commissioners thereof, at their first term, to divide the same into precincts as aforesaid, and appoint judges of election, and a time and place for holding elections therein as aforesaid, and to cause the same to be entered of record; and if, from any cause, the said court shall fail or neglect the duty aforesaid, at their said first term, it shall be their duty to hold a special term for that purpose; and the clerk shall make out copies of such record, and the sheriff shall post up the same, at the places appointed for holding such elections, in each of said precincts; and elections shall be held therein, for justices of the peace, returns thereof made, examined and transmitted, in all respects as provided in this chapter ; and justices of the peace so elected, shall continue in office until the next quadrennial election of justices of the peace, and until their successors shall be elected and qualified.
Sec. 7. Justices of the peace and constables, when elected and qualified under this chapter, shall have jurisdiction within their respective counties.
Sec. 8. Justices of the peace shall be commissioned by the Governor, before entering upon their official duties. Constables may act upon their certificates of election, to be granted by the clerk of the county commissioners court.
Sec. 9. Justices of the peace and constables shall, before entering upon the duties of their respective offices, be sworn, faithfully to perform the duties of their respective ofices according to law and to the best of their understanding.
Sec. 10. Every justice of the peace, before entering upon the duties of his office, shall execute and deliver to the clerk of the county commissioners' court of his county, and within twenty days after his said election, a bond, to be approved by said clerk, with one or more good and sufficient securities in the sum of not less than five hundred nor more than one thousand dollars ; conditioned that he will justly and fairly account for and pay over all moneys that may come to his hands under
any judgment or otherwise, by virtue of his said office : and that he will well and truly perform all and every act and duty enjoined on him by the laws of this State, to the best of his skill and abilities. Said bond shall be made payable to the county commissioners of the county in which such justice of the peace shall be elected, and their successors in office, for the use of the people of the State of Illinois, and shall be held for the security and benefit of all suitors and others, who
may be injured or aggrieved by the official acts or misconduct of such justice of the peace.
Sec. 11. Every constable, before he shall enter upon the duties of his office, shall execute and deliver to the clerk of the county commissioners' court of the proper county, a bond to be approved by said clerk, with one or more good and sufficient freeholders as his securities, in the sum of one thousand dollars, conditioned that he will faithfully discharge the duties of his office of constable; and that he will justly and fairly account for, and
may come to his hands, under any process or otherwise, by virtue of his office; the said bond shall be made payable to the county commissioners of the county in which such constable shall be appointed, and their successors, for the use of the people of the State of Illinois, and shall be held for the security and benefit of all suitors and other persons who may be interested in, or become injured by the official conduct of such constable.
Sec. 12. If any justice of the peace or constable shall not, within twenty days after his election or appointment, take the oath, and give bond as aforesaid, the said justice or constable shall not be permitted after that time to be so qualified, or to take his said office; but the said office shall be considered as vacant, and shall be filled accordingly.
Sec. 13. It shall be the duty of the clerks of the county commissioners' courts of the several counties in this State, upon the execution and filing bond as aforesaid, by any justice of the peace, to make out a certificate of the execution and filing thereof, under the seal of his office, and transmit the same to the Governor of this State, who shall thereupon issue a commission to said justice of the peace.
Sec. 14. The oath of office required to be taken by justices of the peace and constables shall be administered by the clerk of the county commissioners' court of
proper county, who shall certify the same upon the commissions of such justices, and the certificates of election of such constables respectively. The clerk shall keep a book, in which he shall enter the name of every justice of the peace and constable sworn into office, together with the date of his commission or certificate, and the time of his being sworn into office.
Sec. 15. Resignations of the office of justice of the peace and constable shall be made to the clerk of the commissioners' court of the proper county, who shall immediately enter the date of every such resignation in the book above provided for; which book, or a certified copy of an entry in the same, shall be received as evidence in all courts within this State.
Sec. 16. Whenever there shall be no constable in any precinct, any justice of the peace in such precinct may appoint one, who shall be qualified as in other cases, and hold his office until superceded by an election.
Sec. 17. Justices of the peace shall have jurisdiction in their respective counties, to hear and determine all complaints, suits and prosecutions of the following description :
1st. In actions of debt on bonds, contracts, agreements, promissory notes, or other instruments in writing, in which the amount claimed to be due, does not exceed one hundred dollars :
2d. In actions of assumpsit upon any contract or promise, verbal or written, express or implied, for a valuable consideration, in which the amount claimed to be due does not exceed one hundred dollars :