In force Feb.[February] 11, 1835.
AN ACT to provide for issuing writs of Ne Exeat and Habeas Corpus, and for other purposes.
1Duty of circuit judges to appoint masters in chancery.
Sec.[Section] 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That it shall be the duty of each Circuit Judge, within his Judicial Circuit,2 in each county, to appoint a competent and qualified person to be a master in Chancery
in such county, who shall take an oath to support the Constitution of this State and of the United States, and also an oath that he will faithfully perform the duties
of his office, which oath may be taken and subscribed before any Justice of the Peace
of the county.
Their powers.
Sec. 2. That the said masters in Chancery, within their respective counties, shall have power
to order the issuing of writs of Habeas Corpus, Ne Exeat and Injunction, in the absence of the Judge presiding in such county, and they shall
perform such other services in aid of the Courts of Chancery as are usual by the practice
of the Courts of Chancery to be performed by them. They shall, also, when a writ of
Ne Exeat or Injunction is about to be ordered to be issued by them, approve of the security.
Fees.
Sec. 3. The said masters in Chancery shall be entitled to the sum of one dollar for each application
for a writ of Injunction or Ne Exeat, to be paid by the party applying in the first instance, and then taxed as other
costs against the unsuccessful party.
Sec. 4. For the services of the said masters in Chancery, concerning references and reports
made by them, they shall be entitled to such reasonable compensation as shall be allowed
by the Circuit Court of the county, to be taxed as other costs.
Approved, Feb. 11, 1835.
1Levin Lane introduced SB 28, originally titled “A Bill Authorizing Clerks of the Circuit Court to Grant Writs
of Ne Exeat,” in the Senate on December 26, 1834. On December 27, the Senate referred it to the Committee on
the Judiciary. On January 10, 1835, the Committee on the Judiciary reported back
the bill with an amendment, in which the Senate concurred. The Senate laid the bill
on the table on January 12. On January 28, the Senate passed the bill, amending the
title so as to read “A Bill to Provide for Issuing Writs of Ne Exeat and Habeas Corpus, and for Other Purposes.” On February 7, the House of Representatives passed the bill. On February 11, the Council of Revision approved the bill and the act became law.
Illinois House Journal. 1835. 9th G. A., 1st sess., 425, 439, 498, 526, 530, 532;
Illinois Senate Journal. 1835. 9th G. A., 1st sess., 135, 144, 212, 220, 361, 464, 484, 486, 497.
Printed Document, 1 page(s), Laws of the State of Illinois, Passed by the Ninth General Assembly, at their First Session (Vandalia, IL:
J. Y. Sawyer, 1835), 32, GA Session: 9-1