United States Statutes at Large/Volume 3/14th Congress/1st Session/Chapter 154
[Obsolete.]
Chap. CLIV.—An Act supplemental to the act, entitled “An act regulating and defining the duties of the judges of the territory of Illinois, and for vesting in the courts of the territory of Indiana, a jurisdiction in chancery cases, arising in the said territory.”
Act of March 3, 1815, ch. 97.
To what judicial circuits new counties are attached.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That when a new county shall be established in the territory of Illinois by the legislature thereof, such new county shall be attached to the judicial circuit from which the largest portion thereof is taken; and it shall be the duty of the judges allotted to such circuit, in pursuance of the act to which this is a supplement, to hold courts in such new county twice in each year, at such time and place as the legislature of the territory may designate.
Provision in case of the inability of the regular judges to hold the prescribed courts.Sec. 2. And be it further enacted, That when any judge in the said territory shall be unable to hold the courts within the circuit to which he is allotted, by reason of any disability, it shall be the duty of the judge allotted to the circuit nearest thereto, to hold the courts in such circuit, until the disability of the judge allotted to the circuit shall be removed, or (in case of death or resignation of a judge) until a successor is appointed.
Judges to appoint clerks of courts.Sec. 3. And be it further enacted, That the judge of any circuit within the said territory shall have power to appoint a clerk to each court within his court [circuit], and to fill any vacancy occasioned by the death or resignation of the clerk.
Courts of oyer and terminer for the trial of persons charged with felonies to be held upon the order of the governor.Sec. 4. And be it further enacted, That when any person charged with felony, shall be committed to prison in any county within the territory aforesaid, it shall be lawful for the governor of the territory to issue his writ, directed to the judge allotted to the circuit including the county where such accused person may be committed, commanding him to hold a court of oyer and terminer, for the trial of the accused; and it shall be the duty of the judge to whom such writ is directed, to hold the court at the courthouse of the county at such time as may be specified in such writ; and all process issued, or proceeding had before the writ shall be issued, shall be returned to the said court of oyer and terminer.
Limitation of this act, and of the one to which it is supplemental.
Legislative power—how to be exercised.Sec. 5. And be it further enacted, That this act, and the act to which this is supplemental, shall be and remain in force until the end of the next session of the legislature of the said territory, and no longer; and the legislature of the said territory shall have power and authority to make laws in all cases, for the good government of the territory aforesaid, not repugnant to the principles and articles of the ordinances, and to organize the courts of the said territory, and prescribe the times and places of their session.
Sec. 6. And be it further enacted, That the general court of the Chancery jurisdiction conferred upon the general court of Indiana.territory of Indiana be, and it is hereby authorized and empowered to exercise chancery powers as well as a common law jurisdiction, under such as the legislature of said territory may prescribe.
Approved, April 29, 1816.