In force Feb.[February] 13, 1835.
AN ACT regulating the times of holding the Supreme and Circuit Courts, and fixing the Salary of the Circuit Judges.
1Times of holding supreme courts.
Sec.[Section] 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That the terms of the supreme court shall commence on the second Mondays in December and first2 Mondays in June annually, and the court shall continue in session at each term, until the business before it shall be disposed
of.
Judges salary.
Sec. 2. The salary of the circuit judges of this State, shall be seven hundred and fifty dollars per annum, payable quarterly.3
Circuit judges may interchange circuits.
Sec. 3. The circuit judges may interchange and hold each other’s circuit courts as often as they may agree to do the same, and may award writs of ne-exeat, habeas corpus, certiorari and injunction, and may grant orders to stay proceedings, which said writs and orders
shall run and have force in each other’s circuits, and such acts, writs and orders,
shall have the same effect, and be obeyed in the same manner, as if the said acts,
orders and writs were done, granted and issued by the proper judge of the circuit.
May order special terms.
Sec. 4. The circuit judges in their respective circuits, may at any regular term of the court
in any county, make an order appointing a time for holding a special term of the court,
for hearing and deciding chancery causes, and shall have power at such special terms,
to hear and decide all causes, matters and things depending in chancery in such courts,
and all proceedings had, and all orders, decrees and judgments made at such special
term, shall have the same validity as if had or made at a regular term appointed by
law. The said judges shall also have power at
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any regular term of a circuit court in any county, to make an order appointing a time
for holding a special term of such court, for the trial of civil and criminal causes;
and suits may be instituted, and process made returnable to such special term in the
same manner, and with like effect as at a regular term of such court; and the county commissioners of such county, shall select and cause to be summoned a grand and petit jury, to attend
the special term appointed for the trial of civil and criminal cases; and the court
shall have power at such special term to try all civil and criminal causes, and all
orders, judgments and proceedings made and had at such special term, shall be as valid
and effectual, as if made or had at a regular term of the court.
County commissioners to order 48 jurymen in counties where circuit courts sit two weeks.
Sec. 5. The county commissioners’ courts of the several counties in which the circuit courts are allowed to set two weeks, are authorized to select forty-eight qualified jurymen, to serve as petit
jurors during the term of the circuit court, twenty-four of whom shall be selected
to serve during the first week of the court, and summoned to attend on the first day
of the term; and twenty-four shall be selected to serve during the second week of
the term, and summoned to attend on the second Monday of the term.
Process returnable to courts as at present arranged.
Sec. 6. All process, suits and recognizances, which have been or may be issued or entered
into, and made returnable to the courts, as at present arranged, shall be taken and
considered to be returnable to the terms fixed by this act, and shall be as valid
as if made returnable to the terms fixed by this act; and all process issued and tested
in the name of either of the justices of the supreme court, by the clerk of any circuit court, shall be valid to all intents and purposes, and
shall be obeyed as though the same had been tested in the name of the circuit judges
of such court.
Terms of circuit courts.
Sec. 7. The terms of holding the circuit courts in the several counties of this State, shall commence at the times hereinafter specified, and continue to be held from
day to day, Sundays excepted, until the business shall be disposed of, unless it shall
be necessary to close the term, to enable the judge to attend in the next county to
hold court.
In the county of Sangamon, on the second Mondays in March and July, and the first Mondays in October.
In the county of Morgan, on the fourth Mondays in March, third Mondays in July and October.
In the county of Calhoun, on the Fridays before the second Mondays in April and first Mondays in September.
In the county of Greene, on the second Mondays in April and first Mondays in September.
In the county of Macoupin, on the third Mondays in April and second Mondays in September.
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In the county of Macon, on the fourth Mondays in April and third Mondays in September.
In the county of M’Lean, on the Thursdays after the fourth Mondays in April, and third Mondays in September.
In the county of Tazewell on the first Mondays after the fourth Mondays in April, and on the fourth Mondays
in September.4
In the county of Madison, on the second Mondays in March and August.
In the county of St. Clair, on the fourth Mondays in March and August.
In the county of Monroe, on the first Mondays in April and September.
In the county of Randolph, on the second Mondays in April and September.
In the county of Washington, on the third Mondays in April and September.
In the county of Clinton, on the fourth Mondays in April and September.
In the county of Bond, on the first Mondays in May and October.
In the county of Montgomery, on the second Mondays in May and October.
In the county of Shelby, on the third Mondays in May and October.
In the county of Effingham, on the Fridays after the third Mondays in May and October.
In the county of Marion, on the second Mondays in March and September.
In the county of Jefferson, on the Thursdays thereafter.
In the county of Hamilton, on the third Mondays in March and September.
In the county of Franklin, on the fourth Mondays in March and September.
In the county of Gallatin, on the first Mondays in April and October.
In the county of Pope, on the third Mondays in April and October.
In the county of Johnson, on the fourth Mondays in April and October.
In the county of Union, on the first Mondays after the fourth Mondays in April and October.
In the county of Alexander, on the second Mondays in May and November.
In the county of Jackson, on the third Mondays in May and November.
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In the county of Crawford, on the first Mondays in March and September.
In the county of Lawrence, on the Thursdays thereafter.
In the county of Wabash, on the second Mondays in March and September.
In the county of Edwards, on the Fridays thereafter.
In the county of Wayne, on the fourth Mondays in March and September.
In the county of Clay, on the Thursdays thereafter.
In the county of Jasper, on the Mondays after the fourth Mondays of March and September.
In the county of Coles, on the Wednesdays thereafter.
In the county of Champaign, on the second Mondays after the fourth Mondays in March and September.
In the county of Vermilion, on the Wednesdays thereafter.
In the county of Edgar, on the Wednesdays thereafter.
In the county of Pike, on the first Mondays in April and September.
In the county of Adams, on the second Mondays of April and September.
In the county of Hancock, on the fourth Mondays in April and September.
In the county of McDonough, on the first Mondays in May and October.
In the county of Warren, on the second Mondays in May and October.
In the county of Knox, on the third Mondays in May and October.
In the county of Fulton, on the fourth Mondays in May and October.
In the county of Jo Daviess, on the first Mondays in April, and second Mondays in August.
In the county of Rock Island, on the third Mondays in April, and fourth Mondays in August.
In the county of Peoria, on the fourth Mondays in April, and first Mondays in September.
In the county of Putnam, on the first Mondays in May and second Mondays in September.
In the county of La Salle, on the second Mondays in May and third Mondays in September.
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In the county of Iroquois, on the third Mondays in May, and fourth Mondays in September.
In the county of Cook, on the fourth Mondays in May, and first Mondays in October.
In the counties of Mercer and Henry, at such times as shall be appointed by the judge presiding in the sixth circuit,
after such counties shall be organized10.
Sec. 8. There shall be three terms of the circuit court held annually in the counties of
Sangamon and Morgan, at the times herein directed.11
When a person charged with a capital crime desires to be tried.
Sec.9. Whenever any person shall be in the custody of the sheriff of any county, charged
with a capital crime, or any felony, or other offence, punishable by confinement in the penitentiary, it shall be the duty of such sheriff, provided, such person shall desire a trial, to give information thereof, in writing, to the
judge presiding in the circuit, or in the case of his absence, or disability, to the
next nearest circuit judge to the county where the offence is charged to have been committed, whose duty it shall be to issue a precept, under
his hand and seal, to the sheriff of such county, to summon twenty-three grand jurors,
and twenty-four petit jurors, to attend at the seat of justice of said county on a
day therein mentioned, which shall not be less than fifteen nor more than thirty days
from the date of said precept; and the twenty-seventh section of an act, regulating
the supreme and circuit courts, approved, January 19th, 1829, be, and the same is hereby repealed.12
Laws now in force in relation to judges of supreme court binding on judges of circuit court.
Sec. 10. All laws and parts of laws now in force, relating to the judges of the supreme court, while performing circuit duties, in conferring jurisdiction upon them, defining
their duties, or appertaining to them in any way, shall (so far as the same may be
applicable,) be taken and construed to be of full force, and binding to all intents
and purposes, upon the circuit judges elected by virtue of a law, entitled “An act
to establish an uniform mode of holding circuit courts,” approved, January 7, 1835.13
All proceedings now pending to be disposed of as if no alteration had taken place.
Sec. 11. All writs, subpoenas or other process which may have issued from any circuit court
since the last sitting thereof, or which may hereafter issue, previous to this act
being received, in the respective counties, shall be deemed and taken, and are hereby
made returnable on the first day of the next term of the several circuit courts, to be holden by virtue of this act; and all proceedings, either civil or criminal,
which are now pending, shall be taken up and disposed of according to law, in the
same manner as if no alteration had been made in the time of holding such courts.
Sec. 12. The several clerks of the circuit courts, ap-
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pointed or to be appointed under the “Act to establish a uniform mode of holding circuit courts,” approved, January 7, 1835, shall give bond, be qualified and exercise the duties
of their office, as specified in the act regulating the supreme and circuit courts, approved, January 19, 1829.14Act repealed.
The third section of the act regulating the terms of holding the circuit courts of this State, approved, March 2, 1833,15 be, and the same is hereby repealed.16
Approved, Feb. 13, 1835.
1On January 16, 1835, the General Assembly passed a resolution to create a joint select committee to report a bill for regulating
the time of holding circuit courts and regulating the salaries of the circuit judges. In response to this resolution,
John S. Hacker from the joint select committee introduced SB 76 in the Senate on January 28. The Senate referred it to the Committee on the Judiciary. The Committee
on the Judiciary reported back the bill on January 29 with an amendment. The Senate
amended the Committee’s report by striking out the word “first” in the first section
and inserting third.” The Senate concurred in the Committee’s report, and passed
the bill as amended on January 30. On January 30, the House of Representatives resolved itself into the Committee of the Whole to consider the bill. On February
7, the Committee of the Whole made amendments to the bill, and the House referred
the bill and proposed amendments to a select committee. The select committee reported
back the bill on February 10 with an amendment, in which the House concurred. The
House passed the bill as amended. On February 11, the Senate amended the House amendments
by adding another section by a vote of 17 yeas to 7 nays. The Senate concurred in
all the House amendments as amended, except the amendment to the second section and
the amendment relative to the holding of circuit courts in White County. The House concurred in the Senate amendments on February 12. The House receded
from its amendment relative to the holding of circuit courts in White County, but
refused to recede from its amendment in the second section fixing the salary of circuit
judges at $700 by a vote of 20 yeas to 26 nays, with Abraham Lincoln voting yea. The Senate refused to recede from its vote of non-concurrence in the
House amendment relative to circuit judge salaries. Both the House and the Senate
then appointed members to a committee of conference to settle the impasse. The
committee on conference then amended the bill, fixing the salary of circuit judges
at $750. The Senate and House concurred in this amendment. On February 13, the Council of Revision vetoed the bill and returned it to the Senate with the objection that in the Third Judicial Circuit, courts were required to be held in different counties on the same day. The Senate
referred the bill to a select committee. The select committee reported back the bill
with an amendment, correcting the error, and the Senate concurred. The House concurred
with the Senate amendment. The Council approved the amended bill, and the act became
law.
Illinois House Journal. 1835. 9th G. A., 1st sess., 442, 451, 516, 540, 544-45, 550, 552, 558, 559, 560,
562, 566, 568, 572; Illinois Senate Journal. 1835. 9th G. A., 1st sess., 261, 357, 369, 376, 496-497, 506, 507, 511, 518, 521,
522, 525, 526-527, 531; Illinois House Journal. 1835. 9th G. A., 2nd sess., 413.
2On January 29, 1835, the Senate amended the bill by striking out “first” and inserting in lieu thereof the word “third.”
Illinois Senate Journal. 1835. 9th G. A., 1st sess., 369.
3The figure as first presented to the Senate was $800. On February 10, the House of Representatives amended the bill by changing the figure to $700. The Senate refused to concur with this amendment.
The House refused to recede from the amendment. The House and Senate formed a committee
on conference on the disagreeing vote, which set the figure at $750.
Illinois House Journal. 1835. 9th G. A., 1st sess., 516, 540, 544-45, 550, 552, 558-59; Illinois Senate
Journal. 1835. 9th G. A., 1st sess., 496-97, 506, 507, 511, 518.
4Sangamon, Morgan, Calhoun, Greene, Macoupin, Macon, McLean, and Tazewell counties
made up the First Judicial Circuit.
5Madison, St. Clair, Monroe, Randolph, Washington, Clinton, Bond, Montgomery, Shelby,
Effingham, and Fayette counties made up the Second Judicial Circuit.
6Marion, Jefferson, Hamilton, Franklin, Gallatin, Pope, Johnson, Union, Alexander,
Jackson, and Perry counties made up the Third Judicial Circuit.
8Crawford, Lawrence, Wabash, Edwards, White, Wayne, Clay, Jasper, Coles, Champaign,
Vermilion, Edgar, and Clark counties made up the Fourth Judicial Circuit.
9Pike, Adams, Hancock, McDonough, Warren, Knox, Fulton, and Schuyler counties made
up the Fifth Judicial Circuit.
10Jo Daviess, Rock Island, Peoria, Putnam, La Salle, Iroquois, Cook, Mercer, and Henry
counties made up newly created Sixth Judicial Circuit. The legislature had created Mercer and Henry counties in 1825, but having never
been fully organized, they required new incorporating legislation, which the legislature
passed in 1835 and 1837, respectively.
“An Act Forming the New Counties Out of the Counties of Pike and Fulton, and the Attached
Parts Thereof,” approved 13 January 1825, Laws Passed by the Fourth General Assembly of the State of Illinois (1825), 92-94; An Act Dividing the State into Judicial Circuits; An Act to Organize the County of Mercer; An Act to Organize Henry County.
11Prior to this law, there were only two terms of the circuit court in Sangamon and
Morgan counties. However, as the population increased in those locales and the dockets
in those circuit courts were growing, additional court terms were necessary to extend
access to the courts.
“An Act Regulating the Terms of Holding the Circuit Courts in This State,” approved
2 March 1833, The Revised Laws of Illinois (1833), 163; University of Virginia Geospatial and Statistical Data Center, Historical Census Browser
, (Charlottesville, VA: 2004).
12The repealed section of the 1829 law made no provision for remedy in a nearby circuit.
“An Act Regulating the Supreme and Circuit Courts,” approved 19 January 1829, The Revised Code of Law (1829), 45.
13Per an 1827 law, Illinois Supreme Court justices presided as circuit court judges
in one judicial circuit. On January 14, 1835, the legislature changed this practice
and began electing circuit judges to preside over each of the state’s judicial circuits.
“An Act to Amend an Act Constituting and Regulating the Supreme and Circuit Courts
of This State, Approved December 29, 1827,” approved 12 January 1827, The Revised Code of Laws of Illinois (1827), 119; Illinois House Journal. 1834. 9th G. A., 1 sess., 293.
14An Act Regulating the Supreme and Circuit Courts,” approved 19 January 1829, The Revised Code of Laws of Illinois (1829), 39-47.
15Section 3 of the 1833 law defined specific duties of the judge of the Fifth Judicial
Circuit, who was not one of the four members of the Illinois Supreme Court who presided
over the other four judicial circuits at the time.
“An Act Regulating the Terms of Holding the Circuit Courts in This State,” approved
2 March 1833, The Revised Laws of Illinois (1833), 165.
Printed Document, 6 page(s), Laws of the State of Illinois, Passed by the Ninth General Assembly, at their First Session (Vandalia, IL:
J. Y. Sawyer, 1835), 167-72, GA Session: 9-1