In force, Feb.[February] 15, 1839.
AN ACT to repeal part of “An act to incorporate the city of Chicago.”
1Parts of act repealed.
Sec.[Section] 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That so much of an act, entitled “An act to incorporate the city of Chicago,” approved March the 4th, in the year of our Lord one thousand eight hundred and
thirty-seven, as establishes a municipal court in the said city of Chicago, and all matters connected therewith, be, and the same is hereby, repealed.
Proviso.
Proviso.
Sec. 2. That all suits or matters, both at law and in equity, now pending and undetermined
in the said municipal court, shall be heard, tried, and prosecuted to final judgment and execution, in the circuit court of the county of Cook, in the same manner as they would be if the said suits or matters had been originally
made returnable, or had in the circuit court of the said county of Cook; and all records, dockets, and papers belonging to, arising from, or connected with,
the said municipal court shall by the clerk of the said municipal court, be transferred and delivered over to the clerk of the circuit court for the said county of Cook: Provided, That this section shall not be construed as a release of errors that might
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have been taken advantage of in said municipal court:2 Provided, further, That it shall be no ground of error in or to any judgment heretofore rendered in
the said municipal court, that it does not appear by the record or proceedings that the defendant resided
in the said county of Cook.3Duty of high constable
Sec. 3. It is hereby made the duty of the high constable elected under the provisions of
the said act, entitled “An act to incorporate the city of Chicago,” hereby in part repealed, to make returns of all process of summons, executions,
or of whatever nature, to the said circuit court of the county of Cook; which said circuit court is hereby invested with the same powers to enforce a compliance with the law in this
behalf that it would have had if the process had been originally issued from the said
circuit court; and all executions hereafter to be issued upon any judgment rendered in the said
municipal court shall be directed to the sheriff of Cook county.
Transcript of record.
Sec. 4. That the transcript of any record of the said municipal court of any judgment rendered therein may and shall be furnished by the clerk of the circuit court of the said county of Cook; and any such transcript shall have the same force and effect, to all intents and
purposes, that the same would have had if the suit, process, or proceeding, whether
in law or equity, had been originally commenced or instituted in the said circuit court.
Clerk municipal court.
Proviso.
Sec. 5. That the clerk of the said municipal court shall deliver over the records, dockets, and papers, as provided in the second section
of this act, within six weeks after the passage hereof: Provided, That nothing in this act contained shall be so construed as to prevent the clerk
of the said municipal court from collecting his fees in the manner now provided by law; and the clerk of the
said municipal court shall, for that purpose, have free access to the said records, dockets, and papers,
and copies thereof, without costs or charge.
Sheriff of Cook.
Sec. 6. That the sheriff of Cook county is hereby authorized to give deeds of conveyance for any real estate which may have
been sold by the high constable of the city of Chicago, as fully and effectually as he might or could do if the said real estate had been
sold by the sheriff of said county.
Sec. 7. That nothing in this act contained shall be construed to prevent the high constable
of said city of Chicago from proceeding to collect executions which have been levied.4
Approved,, February 15, 1839.
1Joseph Naper introduced a petition from the citizens of Chicago to the House of Representatives on December 8, 1838, requesting the repeal of much of the city’s incorporation act
and the House referred it to a select committee. On December 13, Naper introduced
HB 14. The House referred it to a select committee on December 19. The committee reported
back on December 31 and recommended amendments to which the House concurred. The House
laid the bill on the table on January 4, 1839. The House passed the bill on January
16. The Senate referred it to a select committee on January 18. The committee reported back on January
22 and recommended several amendments, to which the Senate concurred. On February
4, the Senate passed the bill. The House passed the amended bill on February 11. The
Council of Revision approved the bill on February 15 and the act became law.
Journal of the House of Representatives (Vandalia, IL: William Walters, 1838), 50, 80, 115, 149, 164, 167, 219, 344, 349,
380, 395, 402, 419; Journal of the Senate (Vandalia, IL: William Walters, 1838), 180, 189, 205, 272, 314.
2The House of Representatives passed an amendment on December 31, 1838, adding this proviso.
Journal of the House of Representatives (Vandalia, IL: William Walters, 1838), 149.
3The Senate passed an amendment on January 22, 1839, adding the final proviso to this section.
Journal of the Senate (Vandalia, IL: William Walters, 1838), 205.
4The Senate passed an amendment on January 22, 1839, adding the final two sections.
Journal of the Senate (Vandalia, IL: William Walters, 1838), 205.
Printed Document, 2 page(s), Incorporation Laws of the State of Illinois, Passed by the Eleventh General Assembly (Vandalia, IL: William Walters, 1839), 63-64, GA Session: 11-1,