Sec.[Section] 1. Be it enacted by the people of the State of Illinois represented in the General Assembly That from and after the first day of April next the act entitled “An act to provide for the election of Probate Justices of the peace” approved 4th March 1837 be and the same is hereby repealed: provided, however, that the repeal of said act shall in no wise prejudice or affect any proceeding had, or take away any right accruing under the said act.

Sec 2. There shall be established in each county of this State a court of record to be styled the “County Court” of the respective counties, which courts shall be held at the several county seats of the respective counties in the court house or other place to be provided by the county commissioners. The Judges thereof shall be commissioned by the Governor; and the said

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courts shall have jurisdiction coextensive withi the limits of the counties in which the Judges shall be respectively appointed.

Sec. 3. The General Assembly shall, at its present session, elect by joint ballot some fit person to be Judge of the said courts in each county of this State. And the Judges so appointed shall hold their offices agreeably to the constitution of this State, and shall take an oath or affirmation to support the constitution of the United States are the constitution of this State. and shall also take an oath of office in substance as follows “I, A. B. judge of the county court of county, do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and the rich without sole or denial, promptly and without delay conformably to the laws, without favour, affection or partiality; and also that I will

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truly and faithfully enter and record all the orders, decrees, judgments and proceedings of the said courts and that I will faithfully and impartially perform all the duties of any said office according to the best of my understanding and ability,” which oaths or affirmations may be administered by any justice of the peace a certificate whereof shall be endorsed by the person administering the same on the commission of such judge and another certificate thereof transmitted to, and filed in the office of secretary of State.

Sec. 4. The said judges, shall respectively be their own clerks; and may nevertheless have power to employ deputy clerks, if they see proper to perform such duties and none other as are performed by clerks in the circuit courts. The said courts shall respectively have or seal to be provided by the county commissioners of the . . .

Sec. 6. The probate justices of the peace who shall be in office on the first day of April next, shall deliver over all the books, papers, dockets, records and proceedings belonging to their respective offices, to the judges of the county courts of their respective counties: and the said judges judges of the county courts shall be the successors in office of the said probate justices of the peace: And the said judges shall proceed to carry out and finish up the business pending or remaining before the said probate justices under the third and fourth sections of the above recited act, in such manner as is required of the said probate justices. And the said judges shall also proceed to carry out and finish up the residue of the business pending or remaining before the said probate justices in such manner and

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form as shall be provided by law for similar proceedings hereafter to be instituted or come into said county courts: And the records and proceedings of the said probate justices of the peace shall after the first day of April next be to all intents and purposes considered as records and proceedings of the said county courts respectively.

Sec. 7. The said county courts, shall have jurisdiction in all their respective counties concurrent with the circuit courts;

Of all actions of debts for sums over twenty and not exceeding five hundred dollars;

Of all actions of assumpsit, general or special, or on contracts express or implied for any sum over twenty dollars and not exceeding

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five hundred dollars;

Of all actions qui tam, and actions on any penal statute where the sum demanded shall not exceed one hundred dollars;

Of all actions of replevin;

Of all actions of trover and conversion where the damages claimed shall not exceed five hundred dollars;

^of all actions of detinue^

Of all actions upon penal and office bonds, whatever the amount of penalty may be where the damages claimed shall not exceed five hundred dollars

Of all special actions on the case where the damages claimed shall not exceed five hundred dollars.

Of all actions of covenant where the damages claimed shall shall not exceed five hundred . . .

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demanded by the plaintiff shall not exceed five hundred dollars: and the proceedings of the said county courts in cases of attachment and garni^s^hee process shall be the same as is or shall be required in the circuit courts ^except where this act makes a difference^ ^ & except that garnishee process may be issued by said judges in vacation^

The said judges shall also have power to issue writs of certiorari to remove causes after judgment from ^before^ justices of the peace returnable to the county courts, and to proceed thereon in said courts according to law.

Sec. 8. The said county courts shall have exclusive jurisdiction of all appeals from justices of the peace and from the verdicts of juries on the trial of the right of property levied on ^any sheriff having process from sai^ by virtue of ^ process from said courts or^ by ^any^ constables by virtue of any execution, attachment or other lawful process. Said appeals to be obtained and prosecu—

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ted in the [...?] manner now required by law.

Sec. 9. The said county courts shall also have exclusively all the power and jurisdiction in other matters and things, and perform all the duties heretofore exercised by or required of the judges of probate by virtue of any law of this State.

Sec. 10. In all original suits arising out of contracts where the defendant would be entitled to plead a set-off, if the defendant party shall have claims or demands against the plaintiff party ^to an[...?] ^^for an amount due or coming from the plaintiff^ exceeding five hundred dollars such defendant party shall be entitled upon proof of such claim or demand to have such suit dismissed at the plaintiff’s costs. or if such defendant party chooses he or they may plead or give

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notice of such claim or demand and such proceedings shall be had thereon as is provided in the 17th Section of “An act concerning practice in courts of law;” provided ^insist upon a trial and proceed as in other cases of set-off ^ provided however that this section shall not be construed to take away the rights of a defendant party to ^insist^ plead a set-off in any or other case warranted by law.

Sec. 11. The said judges shall have power to issue writs of ne exeat and injunction to be made returnable to the circuit court of their respective counties ^and to approve the bond & security required in such cases^ and also to issue writs of habeas corpus and on the return of the same to make such order thereon as may be required by law. They shall have power also to issue writs of certiorari in aid of the appellate power granted in the eighth section of this act. They shall also have power to approve of appeal bonds and bonds in cases of certiorari and the secu—

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rity thereon necessary to remove judgments and proceedings into the county courts from justices of the peace and in cases of the trial of the rights of property as aforesaid.

Sec. 12. The said judges shall also have power to solemnise marriages in th^eir^ respective counties. They shall issue, test sign and seal all writs, subpoenas ^writs of dedimus potestatum^and other process issuing from their respective courts ^or offices ^and shall make and safely keep a record of all their proceedings in the said courts, and shall safely keep all the papers, books dockets and documents appertaining to their office. They shall have power to administer all lawful oaths and affirmations, to take all depositions and affidavits, take the acknowledgments of deeds, bonds and other writings relating to bond, and to certify the same, and the records and proceedings of their res—

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pective courts or copies of the same under the seal of the said courts.

Sec. 13. The Sheriff of each county, or if there be no sheriff or if the sheriff be a party or otherwise interested the coroner shall execute and return all writs, warrants, attachments, subpoenas, process, orders and decrees, legally issued or made by the said courts or judges or their deputies, of every description, that shall, or may be legally directed and delivered to them: and the said sheriffs or coroners as aforesaid shall attend the sessions of the said county courts in their respective counties when the circuit court is not in session for the same county and when the circuit and county court shall sit at the same time in the same county the sheriff or coroner as aforesaid shall cause a deputy to attend the sessions of the county court; and for their services

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the said sheriff and coroner shall be entitled to such fees as are now allowed them by law for similar services.

Sec. 142 The said county courts shall have power to punish contempts committed in their presence in open court, contepts ^contempts^ in disobeying and obstructing any of its lawful process and ^or^ orders; and also contempts in abusing the process of said courts by using the same for unlawful, oppressive or wicked purposes.

Sec. 15.3 Whenever there shall be a vacancy in the office of sheriff and coroner or if the sheriff and coroner shall be parties or both of them interested the judges of said county courts shall have power to appoint an elisor to execute its process and such elisor shall be allowed such fees as are allowed the sheriff.

Sec.15. The judges of the county ^courts^ shall hold four terms thereof annually in their respective counties to be called quarterly terms for the trial of causes arising under the seventh and Eighth sections of this act. One term of which shall be held in such county on the first monday in March, one term on the first Monday in June, one term on the first Monday in September and one term on the first Monday in December and shall continue to sit from day to day until all the business before them shall be disposed of, unless for good cause to be stated of record of ^the^ said courts shall sooner adjourn. And ^on^ the first Monday of every month in which there shall be no term of court as above specified the said judges shall hold a monthly term of Said county court ^to be called terms of probate^ at which all other business of every nature

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within their probate jurisdiction shall be done, performed and determined.

Sec. 17.4 For any good cause shown the said judges shall have power to appoint a special quarterly term of said court by giving twenty days notice in the nearest newspaper and the court and ^by posting up written notices of the same in four of the most public places in the county; And the court and^ judge at such quarterly term shall have all the power which could be exercised by the judge or court at a regular term all writs and process may be made returnable to such special terms which could be returnable to a regular quarterly term and all the business on the docket and depending in said court shall be subject to trial or to be otherwise disposed of according to law. The said judges shall also have power to call special monthly terms of said probate court by giving ten days

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notice to be posted up in four of the most public places in the county and the county courts at the special terms last aforesaid shall have all the power which could be exercised by the said courts at any monthly term.

Sec. 185 The said county courts shall always be open to ^take the probate of wills^grant letters of administration and letters testamentary; to approve ^and take ^ bonds and take of administrators; ^& executors ^ to appoint guardians, take and approve guardian’s bonds, bind out apprentices and in general to do and perform such matters and things as were required or permitted to be done by judges of probate by an act entitled “An act for the relief of ^insolvent^ debtors” approved Jan. 12. 1829.

Sec. 19.6 The judges of the County courts shall severally be conservators of the peace in their respective counties.

Sec. 20 The process of the said county courts shall be the same as the process used in the circuit court, and in all cases where this act does not make a difference the said county courts shall proceed according to the cour^se^ of the common law and the statues of this State in all matters arising under the seventh ^& Eighth^ sections of this act: Provided however that the proceedings of the said county courts may be summary and without pleading in writing by either plaintiff or defendant in all actions of debt ^&^ assumpsit and assumpsit on written or verbal contracts, notes or writings for the payment of money or property and on accounts set—

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tled or unsettled; on actions qui tam and on any penal statute; in action of covenants and in actions on penal bonds; but the plaintiff shall be required to file in the office of the judge of the county court in actions of defendant debt and assumpsit a copy of which the writing or account sued on: or if such action shall be brought up on any special verbal contract the plaintiff shall be required to file in like manner a description ^statement^ in writing ^of the terms^ of such contract or so much thereof as is material; in actions qui tam and on penal statutes the plaintiff or prosecutor shall in like manner file a copy of the title of the act, date of approval and particular section sued on. In actions on penal or office bonds and in actions of covenant the plaintiff shall in like man—

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ner, file a copy of the bond with the condition thereof or covenant sued on together with a specification in writing of the particular condition or conditions, covenant or covenants alleged to have been broken. ^and such writings or copies as aforesaid being filed shall stand ^in the place of a declaration^ ^ The defendant in all cases may be permitted to file the general issue and give all special matter in evidence under the same; and in case of set-off the defendant shall in lieu thereof file a copy of any bond, covenant or writing a description ^statement^ in writing of ^the terms of^ any verbal contract or copy of account settled or unsettled from which the set-off is supposed to originate. No7 declaration shall be necessary in suits commenced by attachment or garnishee process; and the defendant in such proceedings shall not be required to plead except as above specified.

Sec. 21.8 The county commissioners shall at each term of their court, select twelve good and lawful men of their county to serve as jurors at the next quarterly term of the county court. The clerk of the county commissioners court shall issue a venire for said jurors which shall be served and returned by the sheriff and it shall be the duty of the said jurors to attend such county courts accordingly. If any juror duly summoned shall fail or refuse to attend it shall be the duty of the judge of the county court to enter such default of record and issue a summons against such juror returnable at the next quarterly term to answer for such de non attendance and if after such service the juror should again fail to appear or if appearing he shall fail to make a lawful excuse the

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said court may fine such juror in any sum not less than three dollars nor more than ten dollars and costs. The county courts shall have power to discharge jurors for good cause and if no jurors shall be summoned as such, or if the pannel ^shall be exhausted by challenges or otherwise, or ^ shall fail in whole or in part to appear the said county court shall have power to order a tales to fill the pannel in whole or in part and thereupon the sheriff shall summon such jurors from among the bystanders, and such jurors shall attend and serve accordingly.

Sec. 21. If it shall be necessary to have a jury trial before the said county courts at any monthly term or at any special term monthly or quarterly or at any other time the said judges may respectively issue a venire for a jury to be

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executed and returned by the sheriff.

Sec. 23.9 The jurors aforesaid shall be entitled to the same compensation allowed to jurors in the circuit court and to be paid in the same manner.

Sec. 2410 The said judges shall keep a docket of causes for the use of the court in which shall be set down all causes in the order in which they originated and the court shall proceed to try the said cases or otherwise dispose of them in the order in which they shall stand on the docket unless for good ^and sufficient^ cause the court shall otherwise direct. and the said judges shall also make two copies of the said docket for the use of the bar.

Sec. 25.11 The said judges shall also keep an index to the records and a judgment docket and

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execution book and a fee book which shall be in all things subject to the statutes providing for and regulating the judgment docket, fee book and execution book in the office of clerk of the circuit court.

Sec. 26.12 The said judges respectively shall be allowed such fees to be taxed by the judge as are or were allowed to clerks of the circuit courts and judges of probate and to be collected in the same manner.

Sec. 27.13 If any judge shall fail to attend at any term of the county court on or before the hour of four o’clock of the afternoon of the second day the said court shall stand adjourned till the next term and all matters therein pending shall be continued until the next term ^monthly or quarterly^ thereof ^in which soever the same may be^

Sec. 2814 The said judges when one of them shall be interested, in any proceeding or whenever any two of them can agree may interchange and hold each others courts.

Sec. 29.15 Parties to suits in the county courts shall recov—

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er costs according to the provisions of “An act concerning costs” approved Jan. 10 1824. ^in the same manner that costs are recovered in the circuit court and to be collected in the same manner^

Sec. 3016 Fee bills taxed by the judges of the county courts may be replevied in the circuit court of the proper county according to the provisions of the seventh section of “An act regulating the salaries, fees and compensation of the several officers and persons therein named” approved Feb. 19. 1827

Sec. 31.17 The several circuit courts shall have a general superintendence over the said county courts in their respective counties by mandamus, injunction, prohibition and procedendo to be exercised according to law.

Sec. 32 The said county courts in exercising the jurisdiction conferred on them by the seventh

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and in relation to all writs process judgments orders executions and all other proceedings shall be governed by the laws & statutes relating to similar matters in the circuit courts; and by such other laws and statutes as heretofore governed judges of probate in execercising the power and performing the duties required of them, And the sheriffs in execising the powers conferred on, and in performing the duties required of them shall be governed by the laws & statutes regulating or affecting like matters in other courts ^and the judgments and proceedings of the county courts shall have the effect given by law to judgments & proceedings of the circuit^ courts

Sec 33 In all proceedings before the county courts at their monthly terms of probate and also in all^all^ cases before the said judges thereof ^of the county courts.^ in relation to the probate of Wills, granting letters testamentary letters of administration and of guardianship and in binding out apprentices hips and in proceedings in cases of insolvent or fraudulent debtors; and in all proceedings before the said courts at their monthly terms of probate, any person interested in such such proceeding shall upon application be permitted to be made a party thereto And where any such proceeding shall be exparte, any person interested in such proceeding and aggrieved thereby, may ^at any monthly term^ within six months thereafter, by giving ten days notice in writing to the person or persons at whose instance such proceeding

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shall be had, be entitled to be made a party to such proceeding And in any such case the said court or judge shall proceed to retry ^or otherwise dispose of^ the case according to law, and shall render judgment for costs against the unsuccessful party

Sec 34 The judges of the county court shall in all trials and contests at any term quarterly or monthly ^or before the such judge^ be required to sign and seal bills of exceptions, as in the circuit courts

Sec 35 The judges aforesaid shall not be permitted to give counsel or advise as to matter of law out of court in relation in relation to any matter or thing likely to come before them

Sec 36. Appeals from any final judgment of the county courts to the supreme ^circuit^ court shall be allowed in all cases where the judgment appealed from Shall amount exclusive of costs to the sum of twenty dollars; And also in all actions of forcible detinue and repliven when the value of the property in controversy to be ascertained by the affidavit of the party appealing shall amount to twenty dollars; and in actions of forcible entry and detainer and forcible detainer only provided such appeal shall be prayed for at the term of the court at which the judgment Shall be rendered; and provided also that the party praying the appeal shall by himself his

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agent or attorney in fact give bond with sufficient security to be approved of by the county court and filed in the office of the judge thereof ^within the time limited by the court ^ in a reasonable sum to cover the amount of the judgment and all costs and damages, and conditions for the payment of the judgment costs interest and all damages in case the judgment shall be affirmed and also for a due prosecution of the appeal. And the obliger in such appeal bond may at any time on a breach of the condition thereof have and maintain an action at law as on other bonds

Sec 37.

Appeals shall be allowed from the judgments orders, decrees and proceedings of the said county courts in taking probate of wills granting letters of administration letters testamentary, and of guardianship in binding out apprentices and in matters in relation to insolvent and fraudulent debtors and also from their judgments orders decrees and proceedings had or made at any monthly term of probate, to the supreme court by any person aggrieved whether a party to the record or not provided such appeal shall be prayed for at the term or time of rendering such judgment or making the order or decree or proceeding complained of And provided the person praying such appeal ^shall by him self his agent or attorney in fact^ shall give bond with sufficient security to be approved of by the county court and filed in the office of the judge thereof within the time limited by the court Which bond shall be made payable to the people of the state of Illinois for the use of any person injured by such appeal shall be in a sum sufficient to cover the amount of the judgment (if any) and all costs and damages and conditioned for a

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due prosecution of the appeal and for a d the payment of all the judgment of any and all costs and damages which the opposite party or any other person will sustain by reason of such appeal in case the judgment order decree or proceeding appealed from shall be affirmed If such appeal shall not be duly prosecuted or if the judgment, order decree or proceeding appealed from shall as affirmed any person injured by such appeal may prosecute an action on such appeal bond in the name of the people of the state of Illinois against the obligors in said bond and recover his costs and damages as in other cases The party or person appealing and the Supreme court, in all other respects shall proceed with all such appeals as are provided for by this act from the said county courts, as is or may be provided for by law for other cases of appeals to the supreme court

Sec 38 Writs of error shall be from the Supreme Court to the county courts and shall be made writs of supersidias and shall be prosecuted and determined in all respects as is provided by law for writs of error from the supreme court to the circuit courts