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Measure

of damages.

Prosecution by attorney general or prosecuting attorney.

Disposition of moneys recovered.

Taking insufficient securities.

Illness of defendant.

Confinement of person

arrested.

SEC. 27. The measure of the damages to be assessed in such action, shall be the extent of the loss or injury sustained by such aggrieved party, by reason of the misconduct for which the attachment was issued, and his costs and expenses in prosecuting such attachment.

SEC. 28. If the court shall not order an assignment of such bond as provided in section twenty-six, the court, in case the defendant shall fail to appear according to the condition of the bond taken on the arrest, shall order the same to be prosecuted by the attorney general, or by the prosecuting attorney for the county in which the bond was taken, in the name of the officer who took such bond.

SEC. 29. In such case the whole penalty of the bond shall be forfeited and recovered, and from the moneys collected thereon the court shall order such sum to be paid to the party prosecuting the attachment, as the court ordering the prosecution shall think proper, to satisfy the costs and expenses incurred by him, and to compensate him for any injury he may have sustained by the misconduct for which such attachment was issued; and the residue of such moneys shall be paid into the treasury of the county in which the bond was taken, to the credit of the general fund.

SEC. 30. If on the return of an execution, duly issued upon any judgment obtained on such bond, it shall appear that the sureties taken therein were, at the time of taking them, insufficient, and that the officer receiving them had reasonable ground to doubt their sufficiency, he shall be liable in an action on the case to the party aggrieved, who may have prosecuted such suit, for the amount of the judgment recovered by him, and for his costs and expenses in such suit; or if such suit was brought by the attorney general or a prosecuting attorney, an action on the case may in like manner be brought by them, in the name of the people of this State, for the amount of the judgment so recovered; and the same disposition of the moneys collected in such action. on the case against such officer shall be made as directed in the last preceding section.

SEC. 31. Whenever by the provisions of this chapter an officer is required to keep any person arrested upon an attachment in actual custody, and to bring him personally before any court, the inability, from sickness or otherwise, of such person to attend such court personally, shall be a sufficient excuse for not bringing him before such court; nor shall any officer be required, in any case, to confine any person arrested upon an attachment to answer for misconduct in any prison, or otherwise to restrain him of his personal liberty, except so far as shall be necessary to secure his personal attendance.

CHAPTER VI.

Of the Jurisdiction and Powers of the Circuit Courts at Law

and in Chancery.

SECTION 1. The said circuit courts within and for their Jurisdiction respective counties, shall have and exercise original and ex- at law. clusive jurisdiction, except as otherwise provided:

1. Of all civil actions and remedies of whatever name or description, not excepted in the constitution and not prohibited by law, except in cases where exclusive or concurrent jurisdiction shall be given by law to some other court or tribunal;

2. To issue writs of habeas corpus, mandamus, injunction, quo warranto, certiorari and ne exeat, and to hear and determine the same, provided that no circuit court shall have jurisdiction to issue the writs of mandamus or quo warranto against State officers;

3. To issue such other writs as may be necessary to carry into effect their orders, judgments and decrees, and give them control over all inferior courts and tribunals within their respective jurisdictions;

4. Said courts shall have jurisdiction in all such other cases and matters as the supreme court shall by rule prescribe;

5. Said courts shall have such appellate jurisdiction and powers as may be provided by law;

6. Said courts shall also have and exercise all the powers usually possessed and exercised by courts of record at the common law, except as now or hereafter modified by the laws of this State, or by rule of the supreme court, for the full exercise of the jurisdiction hereby conferred, and shall have the power to make all orders in any cause pending therein, which may be necessary or proper for carrying into effect the jurisdiction vested in such courts by law, and to give full effect to any judgment of such courts and may enforce any lawful order so made by attachment and proceedings for contempt;

7. Parties to any civil action pending in any circuit court, and parties to any question of difference which might be the subject of any civil action, without bringing suit, may agree upon a case containing the facts of the matter in controversy, and submit the same to the court, and the court shall thereupon hear and determine the cause and render judgment thereon, as in other cases. But if such case be agreed upon without action, it must appear by affidavit that the controversy is real and the proceedings in good faith, to determine the rights of the parties;

8. Said circuit courts may from time to time make rules for regulating the practice of the said courts in matters not covered by rule of the supreme court or by statute.

Measure

of damages.

Prosecution by attorney general or prosecuting attorney.

Disposition of moneys recovered.

Taking insufficient securities.

Illness of defendant.

Confinement of person

arrested.

SEC. 27. The measure of the damages to be assessed in such action, shall be the extent of the loss or injury sustained by such aggrieved party, by reason of the misconduct for which the attachment was issued, and his costs and expenses in prosecuting such attachment.

SEC. 28. If the court shall not order an assignment of such bond as provided in section twenty-six, the court, in case the defendant shall fail to appear according to the condition of the bond taken on the arrest, shall order the same to be prosecuted by the attorney general, or by the prosecuting attorney for the county in which the bond was taken, in the name of the officer who took such bond.

SEC. 29. In such case the whole penalty of the bond shall be forfeited and recovered, and from the moneys collected thereon the court shall order such sum to be paid to the party prosecuting the attachment, as the court ordering the prosecution shall think proper, to satisfy the costs and expenses incurred by him, and to compensate him for any injury he may have sustained by the misconduct for which such attachment was issued; and the residue of such moneys shall be paid into the treasury of the county in which the bond was taken, to the credit of the general fund.

SEC. 30. If on the return of an execution, duly issued upon any judgment obtained on such bond, it shall appear that the sureties taken therein were, at the time of taking them, insufficient, and that the officer receiving them had reasonable ground to doubt their sufficiency, he shall be liable in an action on the case to the party aggrieved, who may have prosecuted such suit, for the amount of the judg ment recovered by him, and for his costs and expenses in such suit; or if such suit was brought by the attorney general or a prosecuting attorney, an action on the case may in like manner be brought by them, in the name of the people of this State, for the amount of the judgment so recovered; and the same disposition of the moneys collected in such action on the case against such officer shall be made as directed in the last preceding section.

SEC. 31. Whenever by the provisions of this chapter an officer is required to keep any person arrested upon an attachment in actual custody, and to bring him personally before any court, the inability, from sickness or otherwise, of such person to attend such court personally, shall be a sufficient excuse for not bringing him before such court; nor shall any officer be required, in any case, to confine any person arrested upon an attachment to answer for misconduct in any prison, or otherwise to restrain him of his personal liberty, except so far as shall be necessary to secure his personal attendance.

CHAPTER VI.

Of the Jurisdiction and Powers of the Circuit Courts at Law

and in Chancery.

at law.

SECTION 1. The said circuit courts within and for their Jurisdiction respective counties, shall have and exercise original and exclusive jurisdiction, except as otherwise provided:

1. Of all civil actions and remedies of whatever name or description, not excepted in the constitution and not prohibited by law, except in cases where exclusive or concurrent jurisdiction shall be given by law to some other court or tribunal;

2. To issue writs of habeas corpus, mandamus, injunction, quo warranto, certiorari and ne exeat, and to hear and determine the same, provided that no circuit court shall have jurisdiction to issue the writs of mandamus or quo warranto against State officers;

3. To issue such other writs as may be necessary to carry into effect their orders, judgments and decrees, and give them control over all inferior courts and tribunals within their respective jurisdictions;

4. Said courts shall have jurisdiction in all such other cases and matters as the supreme court shall by rule prescribe;

5. Said courts shall have such appellate jurisdiction and powers as may be provided by law;

6. Said courts shall also have and exercise all the powers usually possessed and exercised by courts of record at the common law, except as now or hereafter modified by the laws of this State, or by rule of the supreme court, for the full exercise of the jurisdiction hereby conferred, and shall have the power to make all orders in any cause pending therein, which may be necessary or proper for carrying into effect the jurisdiction vested in such courts by law, and to give full effect to any judgment of such courts and may enforce any lawful order so made by attachment and proceedings for contempt;

7. Parties to any civil action pending in any circuit court, and parties to any question of difference which might be the subject of any civil action, without bringing suit, may agree upon a case containing the facts of the matter in controversy, and submit the same to the court, and the court shall thereupon hear and determine the cause and render judgment thereon, as in other cases. But if such case be agreed upon without action, it must appear by affidavit that the controversy is real and the proceedings in good faith, to determine the rights of the parties;

8. Said circuit courts may from time to time make rules for regulating the practice of the said courts in matters not covered by rule of the supreme court or by statute.

To be courts of chancery.

Style.

What suits to be dismissed.

Jurisdiction

in chancery.

SEC. 2. The several circuit courts of this State shall be courts of chancery within and for their respective counties, the powers of which shall be exercised by the circuit judges thereof; and the name and style of such courts sitting in chancery shall be "the circuit court for the county of ....

in chancery."

SEC. 3. Such courts shall dismiss every suit concerning property, excepting suits between co-partners, and suits for the enforcement of mechanics' liens, suits for the foreclosure of mechanics' liens, and suits for the foreclosure of mortgages, and suits for the foreclosure of land contracts or other liens upon real estate, where the matter in dispute shall not exceed one hundred dollars with costs to the defendant.

SEC. 4. The powers and jurisdiction of the circuit courts and circuit judges in chancery, in and for their respective counties, shall be co-extensive with the powers and jurisdiction of the courts and judges in chancery in England as existing on March first, eighteen hundred. forty-seven, with the exceptions, additions and limitations created and imposed by the constitution and laws of this State. Said circuit court in chancery shall also have jurisdiction and authority:

1. To hear and determine all cases of encroachments upon the public highways, streets, and public alleys, in organized townships, incorporated villages and cities in this State;

2. In all matters concerning nuisances and waste, where there is not a plain, adequate and complete remedy at law, and may grant injunctions to stay and prevent such nuisances and waste;

3. To appoint receivers in all cases pending in chancery, when such appointment is allowed by law, as well in vacation and at chambers as during the sessions of the court;

4. To hear and determine suits instituted by any person claiming the legal or equitable title to lands, whether in possession or not, against any other person not in possession, setting up a claim thereto in opposition to the title claimed by the plaintiff: And, if the plaintiff shall establish his title. to such lands, the defendant shall be decreed to release to the plaintiff all claims thereto;

5. A bill of discovery may be filed and the defendant shall be compelled to answer same where the defendant is charged with having given to another person a power of attorney to enter up a judgment, or with having confessed or suffered any judgment purporting to be for a sum or debt due, when in fact nothing, or only a part of the sum mentioned in such power of attorney or judgment is due, with intention to defraud the just creditors of such defendant, or to place the property of the defendant out of the reach of his creditors, or to hold the same in some secret trust or confidence, or for the benefit of such defendant;

6. Whenever an execution against the property of defendant shall have been issued in a judgment at law and shall have been returned unsatisfied in whole or in part, the party

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