Sec.[Section] 1. Be it enacted by the People of the State of Illinois represented in the General Assembly That the Judge of the Municipal Court of the City of Alton shall have power and he is hereby authorized to issue writs of Habeas Corpus, writs
of Ne Exeat, writs of injunction and writs of certiorari within the jurisdiction of
said Court and the same proceedings shall be had thereon before said Judge and Court as may be had in like Cases before the Circuit Judges and Circuit Courts of this State respectively.
Sec. 2. The Judge of the municipal Court of the City of Alton shall hold two terms of said Court in each year for the transaction of civil and criminal business and shall continue
each term of said Court until the business before it shall be disposed of the said terms shall respectively
Commence on the first mondays of May and November provided that the Common Council
of said City shall have power to alter the time of holding said terms of Court by giving four
weeks notice thereof in some newspaper in said City and provided further that the Common Council shall so order and arrange the time
of holding the terms of the Municipal Court so that they shall not be held during the regular setting of the Madison Circuit Court.
Sec. 3. In all criminal cases hereafter depending in the said Municipal Court the defendant may make application for Change of venue as now provided by law setting
forth in the [pe]tition the particular facts on which the [a]pplication is grounded and which applica[tion]
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and petition shall be sworn to and shall be addressed to the sound discretion of the
Court or Judge who shall allow such application, if the ends of justice shall be thereby
promoted.
Sec. 4. In all cases where it shall become necessary to commit any person or persons by
virtue of the Criminal laws of this State for offences Committed within the jurisdiction of said Municipal Court such person or persons shall be Committed to the City Jail of the City of Alton and in all cases of Conviction for a criminal offence in said Court and where by the laws of this State a part of the punishment is imprisonment in the County Jail said Convicted person
or persons shall be imprisoned in the city Jail of the City of Alton.
Sec. 5. Hereafter, no lands lying within the corporate limits of the City of Alton not laid out into town or City lots of less size than ten acres shall be taxed by
said Corporation at a higher rate ^[?]^ than other lands are taxed lying out of said City and within the County of Madison.
Sec. 6. There shall be a poll opened in every Justice and Constable precint in the County of Madison, at the August election in 1839 at which ^4^ election the legal voters of said County ^city^ may vote for or against abolishing the Municipal Court of the City of Alton which votes shall be returned to the ^7^ Clerk of the County Commissioners Court ^Common council^ and Counted as is now provided by law: and if a majority of all the legal votes given,
at said election are in favor of abolishing said Court then the said Court shall be and the same is hereby abolished
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Sec. 7. That in the event, that the above act is repealed by the vote of a majority of the citizens of Alton all suits on matters both in law and ^in^ equity now pending and undetermined in the said Municipal Court shall be heared tried or prosecuted to ^6.^ final judgment and execution in the Circuit ^Court^ of the County of Madison in the same manner as they would be if the said suits had been originally made returnable
or had in the Circuit Court for the said County of madison and all records dockets and papers belonging to ariseing from or connected with the said municipal ^[13?].^ Court shall by the Clerk of the said Municipal ^Court^ be transfered and delivered over to the Clerk of the Circuit Court for the said County of Madison provided ^[...?]^ that the section shall be construed as a release of errors that might have been taken
advantage of ^[18?].^ in said municipal, ^court^ 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 County of Madison.
Sec. 8. That it is hereby made the duty of the Sheriff of Madison County to make returns of all process of summons executions or of whatever name or nature
to the said Circuit Court of the County of Madison 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 execution here after to be issued upon any judgment rendered in the said municipal Court shall be directed to the Sheriff of Madison County.
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Sec. 9. That the transcript of any record of the said municipal Court of any judgment rendered thereon may and shall be furnished by the Clerk of the Circuit Court of said County of Madison 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 on proceedings whether
in law or equity had been originally commenced or instituted in said Circuit Court.
Sec 10. That the Clerk of the said municipal Court ^add [?] amendment^ shall deliver over the Records dockets and papers as provided in the seventh section
of this act within six weeks after the first Monday of June ^August^ in the year of our Lord one thousand Eight hundred and thirty nine provided nothing
in this act Contained shall prevent the Clerk of the said municipal Court from Collecting his fees in the manner now provided by law.
Sec. 11. This act shall take effect and be in force from and after the first Monday in
June next and any thing contained in this act to which this is an amendment and which
is inconsistent with the foregoing amendments are hereby repealed
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[02]/[21]/[1839]
[02]/[21]/[1839]
Engrossed
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[?] as amend
Handwritten Document, 6 page(s), Folder 243, HB 297, GA Session 11-1, Illinois State Archives [Springfield, IL]