J fyxmll WivAvmxi^ piht^Mg THE GIFT OF ..irk...X fe'sSLWOC.. A.uXA.Co.QA'^ T-oN^ v*\. Vao 6896-2 Cornell University Library arY272 A bill for an act in relation to courts 3 1924 032 194 106 olin,anx The original of this book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924032194106 A BII.I. FOR AN ACT IN RELATION TO COURTS BY H. T. GILBERT 1911 ITI TABLE OF CONTENTS. Divisions. Sections. Pages. I. Organization of courts and powers and duties of the judges thereof i- 22 i- 17 II. The powers and duties of clerks 23- 34 17- 23 III. The powers and duties of sheriffs 35- 45 23- 28 IV. Masters in chancery 46- 58 2(9- 33 v. Stenographic and typewriting department 59- 71 33- 40 \'J. The supreme and appellate court reporters 72- 84 41- 48 VII. Publication and distribution of books 85- 99 49- 55 VIII. Attorneys at law 100- 135 55- 74 IX. The different kinds of actions and proceedings in courts of record 136-137 74- 80 X. Jurisdiction of courts of record over the subject-matter of actions and proceedings 138- 148 80- 90 XI. Parties to actions 149- 167 91- 97 XII. Joinder of causes of actions 168- 173 97- 100 XIII. Places of commencing actions in courts of record 174- 175 100- 106 XIV. Mode of commencing actions in courts of record 176- 189 106- 118 XV. Issuance and service of process for appearance 190- 236 118- 152 XVI. Notice by publication 237- 244 1 53- 164 XVII. Appearances of defendants 245- 248 164- 167 XVIII. Statements of claims and specifications of defenses in actions at law 249- 280 167- 222 XIX. Defaults in actions at law 281- 289 222- 227 XX. Motions 290- 295 227- 232 IV Divisions. Sections. Pages. XXI. Change of venue in courts of record 296- 327 232- 249 XXII. Limitations 328- 361 250- 260 XXIII. Frauds and perjuries 362- 371 260- 263 XXIV. Information in advance of trial or hearing 372- 405 264- 278 XXV. Judicial notice 406- 407 278- 283 XXVI. Evidence 408- 1465 284- 311 XXVII. Interventions in actions at law 466- 473 311- 317 XXVIII. Garnishment 474- 496 318- 334 XXIX. Provisions especially applicable to the trial and disposition of actions at law 497- 552 33S- 37° XXX. Mandamus 553- 576 370- 380 XXXI. Quo warranto 577- 585 381- 383 XXXII. Certiorari 586- 596 384- 387 XXXIII. Ejectment 597- 629 387- 398 XXXIV. Habeas corpus 630- 674 398- 415 XXXV. Recognizances 675- 689 416- 435 XXXVI. Confession of judgment 690- 699 435- 443 XXXVII. Eminent domain 700- 721 443- 451 XXXVIII. Bastardy 722- 741 451- 466 XXXIX. Amendments 742- 752 467- 470 XL. Jurisdiction of courts of equity and the pleadings and pro- ceedings therein 753- 810 471- 529 XLI. Proceedings before masters 811- 829 530- 547 XLII. Partition 830- 857 547- 554 XLIII. Dower 858- 873 555- 559 XLIV. Divorce and separate maintenance 874- 895 560- 566 XLV. Injunctions 896- 922 566- 582 XLVI. Receivers 923- 944 582- 597 XLVII. Ne exeat 945- 955 597. ^^ XLVIII. Contempt of court 956- 971 604- 61; V SECTIONS. PAGES. XLIX. Judgments, decree and executions 972-1039 615- 643 L. Exemptions 1040-1061 644- 654 LI. Supplementary proceedings and creditors' bills 1062-1089 654- 704 LII. Administration of estates 1090-1251 705- 784 LIII. Appointment of guardians and settlement of their accounts. 1252-1305 784- 805 LIV. Appointment of conservators and settlement of their accounts 1306- 1347 806- 821 L\'. Commitment and detention of lunatics 1348-1385 822- 829 LVI. Practice in courts of record in peace proceedings 1386-1395 839- 845 LVII. Practice in courts of record in search warrant proceedings. 1396-1402 845- 848 LVIII. Practice in courts of record in examination proceedings . . . 1403-1423 849- 860 LIX. Criminal actions in courts of record 1424-1508 861- 900 LX. Quasi criminal actions brought in courts of record to recover fines and penalties for violations of municipal ordinances 1 509-1521 901- 912 LXI. Jurisdiction of justices of the peace and classification of ac- tions 1522-1525 913-915 LXII. Practice before justices of the peace in civil and quasi crim- inal actions 1526-1628 916^ 984 LXIII. Practice before justices of the peace in peace proceedings... 1629-1638 985- 990 LXIV. Practice before justices of the peace in search warrant pro- ceedings 1639-1645 990- 993 LXV. Practice before justices of the peace in criminal proceedings 1646-1662 994-1005 LXVI. Practice before justices of the peace in criminal actions.... 1663-1675 1005-1016 LXVII. The files, records and record entries of justices of the peace 1676-1687 1017-1027 LXVIII. Appeals from and writs of certiorari to justices of the peace. 1688-1714 1028-1049 LXIX. Preserving questions in courts of record for review by ap- pellate and supreme courts I7i5-i737 1050-1059 LXX. Appellate proceedings 1738-1868 1060-1 160 LXXI. The files, records and record entries of courts of record... 1869-1949 1161-1286 LXXII. Costs . .■ 1950-2036 1287-1350 LXXIII. Miscellaneous provisions 2037-2043 1350-1353 VI SECTIONS. PAGES. LXXIV. Rules of court 2044-2049 1354-1356 LXXV. Repeals 2050-2051 i356-'i365 LXXVI. The taking effect of this act and the steps to be taken pre- liminary thereto 2052-2056 1366-'! 368" A BILL For an Act in relation to courta. Be it enacted by the People of the State of Illinois, represented in the General As- sembly, as follows: DIVISION I. ORGANIZATION OF COURTS AND POWERH AND DUTIES OF THE JUDGES THEREOF. Section 1. Court to consist of judge and clerk — presence of clerk not necessary. 2. Where business of court to be transacted — ^presumption. 3. Courts to be always open — attendance of judges. 4. When judges of circuit and superior courts must attend — dates, etc., of at- tendance — how fixed. 5. When judges of appiellate courts must attend. 6. When judges of supreme court must attend. 7. Powers of single judge of supreme or appellate court to enter ordfers. 8. Judge of supreme court may hold other courts. 9. Supreme court — when to be convened to hear action affecting public intei'ests. TO. Powers of county, city court and circuit court judge to enter orders at place other than court room — when and how circuit judge may make orders outside of county in which action is pending. II. County judge may hold circuit or city court in what cases. Section. 12. Circuit judge may -hold county, city or probate court. 13. County judge and probate judge may hold each other's courts. 14. When circuit judge may hear action outside of county — notice — ^how orders made. 15. Failure of party giving notice to at- tend — attorney's fee — unnecessary and vexatious notice. 16. Circuit judges to receive and investigate complaints — rules for justices of the peace and constables. 17. Judges to have superintendence of clerks' offices., 18. Circuit and superior court judges to have superintendence of sheriffs' of- fices. 19. Judges of supreme court to have super- intendence of all courts — inspectors to be appointed. 20. Business manager for circuit, supe- rior and criminal courts — duties and powers. 21. Additional branch appellate courts. 22. Assignment of judges to duty in other courts. Section 1. Couet to consist of judge and clerk — presence of clerk not 2 NECESSARY.] Every county, probate, circuit and city court, the superior court 3 of Cook county, and the criminal court of Cook county, shall consist of the 4 judge thereof, or of a branch thereof, as the case may be, and the clerk there- 5 of, but the actual presence of the clerk, by himself or deputy, shall not be 6 necessary to the lawful transaction of business by the judge thereof, or of a 7 branch thereof, as the case may be, and no order, judgment or decree of either 8 of said courts, or of any branch thereof, shall be held invalid because the rec- 9 ord may fail to show the presence of the clerk at the entry of the same. Sec. 2. Where business op court to be transacted— presumption.] The 2 business of every court of record shall be transacted at the place provided in 3 pursuance of law for the holding of the same, except as may be hereinafter 4 otherwise provided: Provided, however, that nothing herein contained shall 5 require the record of any action or proceeding to show affirmatively that the 6 orders of the court therein minuted or set forth were made and entered at 7 such place provided in pursuance of law for the holding of said court, but it 8 shall be presumed that the court was held and such orders made and entered 9 at such place provided in pursuance of law, unless the contrary shall affirma- 10 tively appear from the record aforesaid. Sec. 3. Courts to be always open— attendance of judges.] Every term 2 of each court of record, whether of original or appellate jurisdiction, shall 3 continue until the commencement of the succeeding term thereof, and each of 4 said courts shall be always open for the transaction of business: Provided, 5 however, that the actual attendance upon said respective courts of the judges 6 thereof at the respective places provided in pursuance of law for the holding 7 of said courts, shall, excepting as in this Act is otherwise expressly prescribed, 8 only be required during such sessions of their respective courts as may be nec- 9 essary for the actual trial, hearing and final determination of causes, the times 10 of such sessions, until otherwise provided by law, to be fixed for each court by 11 the judge or judges thereof respectively. Sec. 4. When judges of cibctjit and superior courts must attend — 2 dates, etc., op attendance — HOW fixed.] There shall be in attendance at the 3 county seat of each county, not less than two days in every three months in 4 which there are no regular sessions of the court for the actual trial, hearing 5 and final determination of causes, and at such other times as may be necessary 6 for the prompt transaction of business and thei judges are not actually en- 7 gaged in the transaction of business in other counties of the circuit, at least one 8 judge of the circuit court and, in Cook county, also at least one judge of the su- 9 perior court of Cook county, at the place provided in pursuance of law for the 10 holding of the same, and in Cook county there shall also be at least one judge, 11 either of the circuit or superior court of Cook county, so in attendance at the 12 place provided in pursuance of law for the holding of the criminal court of Cook 13 county, for the transaction, in said respective courts, of such business as may 14 be brought before them respectively for disposition, and which may be disposed 15 of without the aid of a jury. The judges of each circuit, and in Cook county 16 the judges of the circuit and superior courts, shall determine among them- 17 selves the dates of such attendance and the counties in which they are severally 18 to attend, and in default of such determination by the judges themselves such 19 dates of attendance shall be determined by the chief justice of the Supreme 20 Court. AVhen the business of any circuit court, or of the superior court of Cook 21 county, or criminal court of Cook county, is such as to require, for the prompt 22 disposition thereof, regular sessions thereof each day in the year, other than 23 Sunday or a legal holiday, there shall be at least one judge of said court in attend- 24 ance therein from nine-thirt> o'clock a. m. to twelve-thirty o'clock p. m., and 25 from two o'clock p. m. to five o'clock p. m. of each day, other than Sunday or 26 a legal holiday, who, while not actually engaged in the performance of other 27 official duties, must act upon any application for his official action properly made 28 to him. Sec. 5. When judges of appellate courts must attend.] The judges of 2 the appellate court of each district shall be in attendance at the place of holding 3 such court, at least five days in every month of the year, excepting the months 4 of July and August, and as much oftener as said judges may deem necessary 5 for the trial, hearing and final determination of causes. The dates of such 6 attendance shall be determined for each court by the judges thereof. Sec. 6. When judges of supreme court must attend.] From and after 2 the first Tuesday of February, 1912, there shall be in attendance at the seat of 3 government at least four days days of each week of the year excepting those 4 occurring in July and August, and excepting also the weeks in which occur 5 general election days, Thanksgiving, Christmas, New Year's, Lincoln's birth- 6 day and Washington's birthday, at least five judges of the Supreme Court for 7 the transaction of any business which may be brought before it, and during all 8 of said months of July and August there shall be in attendance at the seat of 9 government, or at some other convenient place within this State, at least one of 10 the judges of said court. Sec. 7. Powers of single judge of supreme or appellate couet to enter 2 ORDERS.] Any judge of the Supreme Court, at any time during the absence 3 of four or more of the judges of said court from the seat of government, or 4 any judge of an appellate court at any time during the absence of the majority 5 of the judges of said court from the place provided in pursuance of law for 6 the holding of the same, shall have power to enter in any action pending in the 7 court of which he is judge any interlocutory order of either of the following 8 kinds. 9 First — Stay of execution.] An order granting a stay of execution in a 10 criminal action, pending and undetermined in said court. 11 Second — Bail,.] An order admitting to bail any defendant in any criminal 12 or quasi criminal action pending and undetermined in such court, or any order 13 directing the court of original jurisdiction to admit such person to bail. 14 Third — Extension of time.] An order extending the time within which any 15 party may file an authenticated record, printed copies or abstracts thereof, 16 briefs, or arguments, or any pleading or other paper required to be filed by such 17 party, in any action pending and undetermined therein. 18 Fourth— ^TAY OF proceedings.] An order temporarily staying proceedings 19 under a final judgment of said court upon the filing of a petition for a rehear- 20 ing ox otherwise. 21 Fifth — Leave to commence action— inteelocutoey oedees.] ° An - order 22 granting leave to file a petition for a mandamus or for a writ of habeas corpus, 23 or an information for the disbarment of any attorney at law, or a bill in equity, 24 or to commence any action within the original jurisdiction of said court, fixing 25 the time for the appearance of the defendant or defendants and the filing of 26 pleadings or other papers therein, and extending the time for filing, and grant- 27 ing leave to amend, pleadings, ordering the issuance of a writ of habeas corpus 28 or other writ ; and all other necessary orders preparatory to the final hearing 29 of such petition, informaticJn, bill in equity, or other action, other than those in- 30 volving decisions upon exceptions, or demurrers to pleadings, or otherwise de- 31 termining the sufficiency thereof. 32 ^ixth — Continuing, suspending or granting injunction.] An order con- 33 tinning in force sA. injunction order, or suspending the operation of an injunc- 34 tion order, or granting an injunction order, in case of an appeal from or writ of 35 error to an inferior court. 36 Seventh — Suspending eeceiveeship oedee.] An order suspending the opera- 37 tion of an order appointing a receiver. 38 Eighth — Othee inteelocutoey orders.] Any other order of an interlocu- 39 tory nature which the court, by its rules, may authorize to be entered by a single 40 judge thereof. 6 Sec. 8. Judge of supreme court may hold other courts.] Any judge of 2 the supreme court may hold a circuit court, or a branch thereof, or a branch 3 of the superior court of Cook county, or the criminal court of Cook county, or a 4 city court, county court or probate court, and exercise all the powers and per- 5 form all the duties which a judge of either of said courts may exercise or per- 6 form. Sec. 9. Supreme court — when to be convened to hear action affecting 2 PUBLIC interests.] Whenever, at any time when the supreme court is not in 3 session for the trial, hearing and final determination of causes, there is brought 4 or proposed to be brought in said court, by virtue either of its ori,ginal or ap- 5 'peltate jurisdiction, any action or proceeding affecting the public interests and 6 in which it is advantageous to the people of the State, or of any county, city, vil- 7 lage or incorporated town thereof, to secure a speedy final hearing and determ- 8 ination, it shall be the duty of the chief justice of said court, or, in case of his 9 absence from the seat of government, it shall be the duty of the judge or judges 10 for the time being at the seat of government, to cause a session or sessions of 11 said court to be held for the hearing and disposition of such action or proceeding 12 and the court shall thereupon hear and determine the same with all convenient 13 speed, and the court, or, in the absence of a majority of the judges thereof from 14 the seat of government, the chief justice or any judge thereof, shall have power 15 in any action pending in said court, by appeal or otherwise, or in which an ap- 16 peal to said court has been perfected, to expedite the hearing thereof by the 17 supreme court by abridgiUjg the time' specified in this act for the filing of the 18 authenticated record of the order, judgment or decree appealed from, or the 19 filing of the printed copies or abstracts thereof, or of the briefs and arguments, 20 or by making any other order which may appear to be necessary or proper for 21 such purpose. Sec. 10. Powers ar county, city court and circuit judge to enter orders 2 AT place other than court room — WHEN AND HOW CIRCUIT JUDGE MAY MAKE OBD- 3 EBs OUTSIDE OF COUNTY IN WHICH ACTION IS PENDING.] Any coiuity judgG Or any 4 judge of a city conrt shall have power to sign or otherwise make any order in 5 any action pending in the court of which he is judge at any place within the 6 city in which such court is held, and any judge of a circuit court shall have power 7 to sign or otherwise make 'any order in any action pending in the circuit court 8 of any county of the circuit of which he is judge at any place within the county- 9 seat of any county within such circuit, whenever, in the opinion of such judge, 10, the granting of such order at such place will he in furtherance of justice, and 11 any such order, when so signed or otherwise made, shall be as effective as 12 though made in any court room of said court: Provided, however, that after 13 the defendant shall have entered his appearance no such order shall be made 14 at any other place than the court room in which the county court or city court 15 or circuit court in which such action is pending is held without reasonable notice 16 to the parties; and provided, further, that no such order in any such action 17 pending in any circuit court shall, without the consent of all the parties to the 18 action, be signed or otherwise made out of the county-seat of the county in 19 which the same is held, when there is any circuit judge then in attendance at 20 such county-seat, or any other judge is in attendance at such county-seat who 21 is authorized by this act to make such order, and who is not incapacitated by 22 sickness, interest or otherwise from signing or making such order. Any order, 23 judgment or decree specified in this section, when entered by a county judge, 24 a judge of a city court or a judge of a circuit court, shall be presumed to have 25 been entered in accordance with the provisions hereof unless the contrary shall 26 affirmatively appear from the record. The provisions of this section shall like- 27 wise be applicable, as near as may be, to an order made by a judge of the su- 28 perior court of Cook county or by a judge of the criminal court of Cook county. Sec. 11. County judge may hold cibcuit ok city coubt in what oases.] 2 The county judge of any county shall be competent to hold the circuit court of 3 said county or any city court in said county, or otherwise perform the duties 8 4 of a judge of sucli circuit court or city court, for the disposition of the follow- 5 *ing business therein: 6 First— T-riaij of actions wiTHiiir jueisdiction op county court.] The trial 7 and determination of, and the entries of all orders in, any action or proceeding 8 pending in such circuit court or city court falling within the class of actions or 9 proceedings of which county courts are given jurisdiction by law. 10 Second— Defavl.t.] The entering of defaults in all actions in which any or^^ 11 either of the parties is entitled to have such default entered, and the vacating 12 of any default, or judgment or decree by default, previously entered. 13 TMri— Assessment of damages— judgments.] The assessment of damages 14 and the entering of judgments in all actions at law in which defaults have been 15 properly entered and the vacating of any judgment previously entered upon 16 default, and the entry of all judgments by confession. 17 Fottrt^— Interlocutory orders.] The hearing of all motions for interlocu- 18 tory orders, other than motions pertaining to injunctions or receivers, and the 19 entering of all such interlocutory orders as may appear to be necessary or 20 proper preparatory to the final trial and disposition of actions on their merits, 21 other than orders sustaining or overrulin,g exceptions or demurrers to plead- 22 ings or otherwise determining the sufficiency of any pleading in any action not 23 within the class of actions of which county courts are given jurisdiction by this 24 act. 25 Fifth— FowBus consented to.] The entry of orders in and the trial, dis- 26 position and determination of all other civil and quasi criminal actions which 27 all the parties thereto stipulate in writing may be entered, tried, disposed of and 28 determined by such county judge: Provided, however, that no such stipulation 29 shall be valid in any action in which any party thereto is a minor, non compos 30 ; mentis, or is otherwise incapacitated from entering into a binding contract. 31 Sixth — Receiving plea and imposing sentence in criminal action fixing 32 bail, etc.] The receiving and, causing to be entered of a plea of guilty by a de- 33 fendant in any criminal action and the entering of sentence and judgment upon 34 such plea, when both the State's Attorney and the defendant consent thereto, 35 and the fixing and taking of bail in any such action. 36 Seventh— CiTATio:i!!s.] The ordering of the issuance of citations in sup- 37 plementary proceedings, the examination of judgment debtors and other persons 38 in such proceedings and the making of all orders which may be applied for in 39 such proceedings. 40 But no county judge shall exercise any of the powers conferred upon him 41 by this section when there is present in the county-seat in which said circuit 42 court is held, or inUie city in which such city court is held, as the case may be, 43 any judge of the circuit court, or any judge of the city court, as the case may' 44 be, who is not incapacitated, either by sickness, interest or otherwise, from 45 transacting the business proposed to be transacted by such county judge : Pro- 46 vided, however, that the county judge may, at the request of the judge of the 47 circuit court, at any time assist such judge o:f the circuit court in the trans- 48 action of any business of the kind mentioned in Clause First of this section, and 49 that the county judge may enter any order in this section provided for by the 50 consent of all the parties to the action in which the same is entered. Any 51 order, judgment or decree specified in this section, when entered by a county 52 judge, shall be presumed to have been entered in accordance with the provisions 53 hereof unless the contrary shall affirmatively appear from the record. Sec. 12. Circuit judge may hold county, city oe probate court.] Any 2 judge- of a circuit court may hold a county court, a city court or a probate court 3 and transact or dispose of any business therein which the county judge of such 4 county or the judge of such city court or probate court would be competent to 5 transact or to dispose of, and any judge of a city court may hold a circuit 6 court, a county court or a probate court and transact or dispose of any busi- 7 ness therein which the judge of such circuit court, the county judge, or the judge 10 8 of the probate court, as the case may be, would be competent to transact or dis- 9 pose of. Sec. 13. County judge and pbobate judge may houd each other's coueTs.] 2 Any county judge may hold a probate court and transact or dispose of any busi- 3 ness therein which the judge of such probate court would be competent to trans- 4 act or dispose of, and any probate judge may hold a county court and transact or 5 dispose of any business therein which a county judge would be competent to 6 transact or dispose of. i Sec. 14. When ciecuit judge may hear action outside of county— notice 2 — how ordees made.] Any judge of a circuit court shall have power to hear 3 at the county-seat of any county in the circuit in which he is elected any matter 4 submitted to him pertaining to any action, other than a criminal action, pending 5 in any circuit court in such circuit, when the hearing of such matter does not 6 involve a trial by jury, and may try such action and enter a final or other judg- 7 ment or decree therein, whenever it is made to appear to him that there is no 8 circuit judge then present in the county in which such action is pending, and 9 whenever, in his opinion, the hearing of such matter or the trial of such action 10 out of the county-seat of the county in which the action is pending, and the entry 11 of an order, judgment or decree therein, appear to be necessary to the proper 12 protection of the rights of the parties thereto : Provided, however, that no such 13 proceeding shall be had without reasonable notice thereof to such of the parties 14 to such action, or to their respective attorneys, as have not had defaults entered 15 against them for want of appearances, and that no such notice shall be given 16 by any party until he shall first have ascertained by inquiry of such circuit 17 judge that such matter will be heard by such judge at the time and place speci- 18 fied in such notice. When all of the parties to any action who have not had 19 defaults entered against them shall agree thereto, any circuit judge may hear 20 any matter submitted to him pertaining to any action in any circuit court of 11 21 his circuit and enter any order or decree therein at any place within such 22 circuit. Any order, judgment or decree by any such judge, made as provided 23 in this section in any such proceeding, shall be in writing and signed by him 24 and filed with the clerk of the court in which the action is pending, and the clerk 25 shall thereupon enter the same of record in the same manner as if such order, 26 judgment, or decree had been made in open court, and when so entered such 27 order, judgment or decree shall have the same force and effect as if the same 28 had been entered in open court. Any order, judgment or decree specified in 29 this section, when entered by a judge of a circuit court, shall be presumed to 30 have been entered in accordance with the provisions hereof unless the contrary 31 shall affirmatively appear from the record. See. 15. FaHjUre of paktt giving notice to attend — attorney's fee — un- 2 NECESSARY AND VEXATIOUS NOTICE.] Whcu any party, upon notice of an applica- 3 tion to a circuit judge for an order in an action pending in a county other than 4 the one in which such application is proposed to be made, shall, by himself or 5 attorney, attend upon such circuit judge in pursuance of such notice and the 6 party giving such notice shall not, by himself or attorney, attend upon such 7 circuit judge at the time and place specified in said notice, the judge shall make 8 and sign- an order for the payment by the party so giving notice of the neces- 9 sary and reasonable expenses incurred by such party or his attorney in attend- 10 ing upon such circuit judge in pursuance of said notice and of an attorney's 11 fee of ten dollars ($10) per day for each day's time occupied by such attorney 12 in such attendance, and such order when signed by the judge shall be entered 13 of record by the clerk of the court in which the action is pending and compliance 14 therewith may be enforced by attachment against the party ordered to make 15 such payment. The judge may also, when any such application may appear 16 to have been made out of the county- seat of the county in which the action is 17 pending unnecessarily and vexatiously, or when the judge refuses to hear such 18 application, and it shall appear that the notice thereof was given without the ^12 19 making of previous inquiry of the judge as provided in the preceding section, 20 order the payment, by the party makin^g the application, of like expenses and 21 attonaey's fees as above provided for to the opposite party and enforce such 22 payment in the manner above provided for. Sec. 16. Circuit judges to receive and investigate complaints— rules for 2 justices of the peace and constables.] The judges of the several circuit courts 3 and the judges of the superior court of Cook county shall receive and investi- 4 gate, or cause to be investigated, all complaints presented to them pertaining 5 to their respective courts and to the officers thereof and to justices of the peace 6 and constables in their respective counties and they shall take such steps as 7 they may deem necessary or proper with respect thereto, and they shall have 8 power and it shall be their duty to adopt all such rules and regulations for the 9 proper administration of justice in their respective courts, as well as for the 10 proper discharge by justices of the peace and constables in their respective 11 counties of the duties of their respective offices, as to said judges may seem ex- 12 pedient and as may not be inconsistent with law. All orders adopting such 13 rules and regulations shall be signed by a majority of the judges of the court 14 adopting the same and shall be spread upon the records of such court: Pro- lb vided, hoivever, that all orders adopting such rules in Cook county shall be 16 signed by a majority of the judges of the circuit and superior courts of said 17 county, and, when so signed, shall be spread upon the records of each of said 18 courts. Sec. 17. Judges to have superintendence of clerks' offices.] The judges 2 of the several courts shall have the general superintendence of the business and 3 of the management of the offices of the clerks thereof. When any court con- 4 sists of more than one judge the duty of such superintendence shall belong to 5 and be performed by the chief justice or presiding judge of such court, if there 6 be such chief justice or presiding judge ; or, if there be no chief justice or pre- 13 7 siding judge, then such duty shall belong to and be performed by the judge for 8 the time being holding the court or present in the county in which the same is 9 held, or in case there are several judges present in the county or holding differ- 10 ent branches of such court at the same time, then such duty shall belong to and 11 be performed by the one of such judges who is the senior in age. It shall be the i 2 duty of the clerk of each court to comply with all directions of the superintend- 13 ing judge thereof in respect to the management of the business of his office and 14 for any failure so to do he may be punished as for a criminal contempt of court : 15 Provided, howei^er, that in case a business manager shall be appointed for any 16 circuit court, or the superior court of Cook county, or the criminal court of 17 Cook county, as hereinafter provided, the superintendence of the office of the 18 clerk of such circuit court, or superior court or criminal court of Cook county, 19 shall belong to and be performed by such business manager. Sec. 18. ClECUIT AND STJPBKIOK COUBT JUDGES TO HAVE SUPEEINTENDEITCE OF 2 sheriffs' OFFICES.] The judges of the circuit courts of the respective coimties 3 and the judges of the superior court of Cook county shall have the general super- 4 intendence of the business and management of the sheriffs' offices of their re- 5 spective counties. In Cook county the duty of such superintendence shall belong 6 to and be performed by, first, the chief justice of the circuit court and then the 7 chief justice of the superior court of Cook county alternately for periods of one 8 year each, commencing with the first day of January, 1912, and in each county 9 other than in Cook it shall belong to and be performed by the judge for the 10 time being holding the circuit court or present in the county, or, in case there 11 are several judges present in the county or holding different branches of the 12 court at the same time, then such duty shall belong to and be performed by the 13 one of such judges who is the senior in age. It shall be the duty of the sheriff 14 of each county to comply with all directions of such superintending judge 15 in respect to the management of the business of his office and for any failure 16 so to do he may be punished as for a criminal contempt of court : Provided, 14 17 however, that in ease a business manager shall be appointed for any circuit 18 court, or the superior court of Cook county, as hereinafter provided, the sup- 19 erintendence of the office of sherii¥ shall belong to and be performed by such 20 business manager. Sec. 19. Judges op supbeme couet to have superintendence of all courts 2 — iNSPECTOES to BE APPOINTED.] The judgcs of the supreme court shall have the 3 general superintendence of the business of all of the courts of this State and 4 may prescribe all rules and regulations not inconsistent with this act which they 5 may deem suitable to promote the prompt and proper transaction of the busi- 6 nes of all of said courts. As soon as may be practicable after the taking effect 7 of this act, it shall be the duty of the Attorney General, with the approval of 8 the judges of the supreme court, to procure the services of such number of com- 9 petent persons not exceeding five as said judges may deem necessary, whose 10 duty it shall be to inspect all offices of clerks of courts of record, sheriffs, offi- 11 cial receivers, public administrators and masters in chancery in this State and 12 to advise, aid and assist said officers in the keeping of the records, files and 13 accounts and the transaction of the business of their respective offices, and to 14 cause to be adopted a system for the keepin,g of said records, files and accounts 15 and the transaction of said business which shall be first class in every particular 16 and uniform, as near as may be, throughout the State. It shall also be the duty of 17 said persons to recommend for adoption by the judges of the supreme court 18 such rules and regulations as will promote the prompt, proper and economical 19 transaction of the business of all courts inferior to the supreme court. Such 20 persons shall be employed during such time as said judges may deem expedi- 21 ent and their compensation shall be fixed by said judges and shall be payable 22 quarterly out of the State treasury upon the certificate of the chief justice of 23 the supreme court out of the appropriation that shall be made therefor. Sec. 20. Business manager foe circuit, superior and criminal courts— 2 duties and powers.] The judges of the supreme court shall have power of 15 3 their own motion to appoint a business manager for the circuit courts of any 4 circuit, or for the circuit, superior or criminal court of Cook county, and it 5 shall be their duty to make such appointment whenever petitioned so to do by a 6 number equal to ten per cent, of the attorneys at law authorized to practice in 7 the courts of record of this State and resident in such circuit or in said county 8 of Cook, as the case may b<»- Such business manager shall be one of the judges 9 of the court or courts for which he is appointed. He shall have the general 10 superintendence of the business of such court or courts and he shall assign the 11 judges of such court or courts to duty in the different counties of the circuit, 12 or, in Cook county, to the different branches of the court of which he is business 13 manager, and it shall be the duty of each judge to attend and serve in any county 14 or branch court to which he may be so assigned. Such business manager 1& shaH superintend the preparation of the calendars of actions for trial or hear- 16 ing and shall make such classification and distribution of the same upon differ- 17 eht calendars as he shall deem proper and expedient. He shall also perform 18 such judicial work as he may be able to perform consistently with the proper dis- 19 charge of his duties as such business manager. Any attorney at law author- 20 ized to practice in the courts of record of this State, desirous of presenting 21 any application to a court of which there are two or more branches for any 22 order pertaining to an injunction, a receivership, an action of habeas corpus, 23 an action of mandamus, an action of quo warranto, or to any other action in 24 which prompt attention by the court may appear to be especially important, 25 may apply to such business manager, if there be such business manager, to 26 assign a judge to the hearing of such application, and said business manager 27 shall thereupon assign some one of the judges of said court to the hearing of 28 such application and fix a time therefor, and such application shall thereupon 29 be heard at the time so fixed and by the judge so assigned to the duty of hear- 30 ing the same. Such business manager shall have such other powers and per- 31 form such other duties, not inconsistent with law, as may be prescribed by the 32 judges of the supreme court. 16 See. 21. . ADDiTiojiTAL branch appellate courts.] Whenever it shall be made 2 to appear to the supreme court that the business of any appellate court, of 3 which one branch has already been organized, is such that the judges assigned 4 to duty therein cannot finally determine and dispose of the actions therein 5 pending within four months after the filing therein of the authenticated records 6 of the inferior courts, it shall be the duty of the supreme court to forthwith 7 designate and assivgn to duty in such appellate court three judges of the cir- 8 cuit court and the three additional judges so designated and assigned shall, as 9 soon as practicable, meet, organize and constitute an additional branch of the 10 appellate court to which thev shall have been assigned to duty, and the additional 11 branch court so organized shall proceed to hear and determine, according to 12 law and justice and the rules of said appellate court, all such cases and mat- 13 ters as shall or may be docketed and pending for hearing and deternlination 14 in said caurt not exceeding one-third in number thereof, as said appellate court 15 may,, by order, designate and assign to said additional branch court. Said ad- 16 ditional branch court shall be known as the additional branch of said appellate 17 court, and shall have the same powers and shall proceed in the same manner 18 as is prescribed by law with respect to branch appellate courts, and the terms 19 of office of the judges thereof shall be the same as the terms of office of the 20 judges of other branch appellate courts. Any such additional branch appellate 21 court may be discontinued by order of the supreme court, whenever it shall 22 be made to appear to the supreme court that the business of such appellate 23. court has become so reduced in volume that the actions therein pending can be 24 readily and properly disposed of by such court and one branch court witiiin 25 four months after the filing therein of the authenticated records of the inferior 26 courts. Sec. 22. Assignment of judges to ditty in other courts.] The chief jus- 2 tice of the Supreme Court shall have power, and it shall be his duty, to assign 3 judges of circuit courts, city courts and county courts, and judges of the su- 17 4 perior court of Cook county, to the duty of holding any courts outside of their 5 respective circuits, cities or counties ^vhich they are authorized by law to hold, 6 whenever such assignments may appear to said chief justice to be expedient 7 and conducive to a prompt and speedy disposition of the business of the courts 8 to which such assignments are made, provided such assignments shall not ap- 9 pear to seriously interfere with the prompt and speedy disposition of the busi- 10 ness of the courts of the circuits, cities or counties in and for which the 11 judges so assigned may have been elected; and it shall be the duty of every 12 judge so assigned to attend in the court designated by said chief justice and to 13 hold such court during such time as said chief justice may direct. iSTo thing 14 herein contained, however, shall be construed as prohibiting any judge of a cir- 15 cuit court, city court, county court or the superior court of Cook county, with- 16 out such assignment by the chief justice, from holding any court which he may 17 be authorized by law to hold outside of the circuit, city or county in and for 18 which he may be elected, whenever he may be requested so to do by any judge 19 of said court and whenever the holding of such court will not seriously inter- 20 fere with the prompt and speedy disposition of the business of .the courts of 21 the circuit, city or county in and for which he may be elected. DIVISION II. THE POWEBS AND DUTIES OF CLBEKS. Section 23. Clerks keepers of seals — must personally attend to duties — oflfice_ hours. 24. Bond and oath of offiee. 25. Appointment of deputies by supreme, appellate and city court clerks — oath — bond. 26. Deputies of circuit, superior, criminal, county and probate court clerks — how appointed — removal — oath — bond — form of appointment. 27. Vacancy in the office of clerk — how filled. 28. Duties of clerk. Section 29. Books and stationery for clerks of su- preme and appellate courts — how pro- cured. 30. Books and stationery for clerks of cir- cuit, county, probate, etc., courts — how procured. 31. Books and stationery for clerks of city courts — how procured. 32. Clerks to furnish printed blanks free. 33. Duty of clerk going out of office — power of court to compel delivery of books and papers. 34. Clerk's office to have telephone — clerk to furnish information. 18 Sec. 23. Clerks keepers of seals — must personally attend to duties 2 — office houbs.J The clerks of the county, probate, city and circuit courts, the 3 superior court of Cook county, the criminal court of Cook county, the supreine 4 court and the appellate courts shall be the keepers of the seals of their 'respec- 5 tive courts. They shall in all cases attend in person to the duties of thfeir -re- 6 spective offices when it shall be practicable to do so, and each shall perform all 7 the duties of his respective office which can reasonably be performed by one 8 person. They shall keep their offices in the court houses or other places law^ 9 fully provided for the keeping of the same, and shall keep them open and 10 attend to the business thereof from eight thirty o'clock, a. m., to five thirty 11 'clock, p. M. of each working day, except a legal holiday, and they shall afford 12 sufficient facilities for the transaction of the business of .their respective offices 13 at such other hours as may be required by the judges of their respective courts. Sec. 24. Bond and oath of office.] Every such clerk shall, before enter- 2 ing upon the duties of his office, give bond with one or more sureties to be 3 approved by the judge or one of the judges of the court of which he is clerk, 4 which bond shall be in such penalty not less than five thousand dollars ($5,000) 5 as may be determined by such judge, payable to the People of the State of 6 Illinois and conditioned for the faithful performance of the duties of his office. 7 A bond so conditioned shall be construed as if conditioned that such clerk 8 should pay over all moneys that might come to his hands by virtue of his 9 office to the parties entitled thereto and deliver up all moneys, papers, books, 10 records and other 'things appertaining to his office, whole, safe and undefaced, 11 when lawfully required so to do, and that he should faithfully perform every 12 duty and respond to every liability imposed upon him by virtue of his office. 13 Such bond shall be filed in the office of the Secretary of State., Such clerk 14 shall also, before entering upon the duties of his office, take and subscribe 15 and file in the office of the Secretary of State the following oath or affirma- 16 tion : 19 17 I do solemnly swear (or affirm as the case may be) that I will support 18 the Constitution of the United States and the Constitution of the State of 19 Illinois, and that I will faithfully discharge the duties of the office of clerk 20 (here insert description of court of which he is clerk) according to the best 21 of my ability. Sec. 25. Appointment of deputies by supreme, appellate and city coubt 2 CLEBKS — OATH — BOND.] The clcrks of the supreme court, appellate courts and 3 city courts may, when necessary, appoint deputies who shall take the same oath 4 or affirmation as is required of the principal clerk, which shall be filed in the 5 office of the Secretary of State and such principal clerk shall, in all cases, be 6 responsible for the acts of his deputies. Sec. 26. Deputies of cibcuit, supebiob, cbiminal, county and peobate 2 court clerks how appointed ^removal OATH^ bond ^FORM OF APPOINTMENT.] 3 In everycoimty other than Cook county the clerk of each circuit, county and 4 probate court shall appoint such number of deputies as may be determined by 5 the judge thereof, or, if such court consists of more than one judge, then by a 6 majority of such judges, and in Cook county the clerks of the circuit, county 7 and probate courts, and of the superior court of Cook county, and of the crim- 8 inal court of Cook county, shall appoint such number of deputies as may be 9 determined by a rule of the circuit court of Cook county to be entered of 10 record. Each of said courts shall have power, by an order entered of record, 11 to remove any deputy clerk thereof whom the court, after due investigation 12 and after full opportunity accorded such deputy clerk to be heard, shall find 13 to be incompetent or unfit to discharge the duties of his office, or to have been 14 guilty of oppression or extortion or other improper conduct in the discharge of 15 the duties of his office; but at the request of any deputy so removed the evi- 1(5 dence heard in respect to the charges against him shall be embodied in a re- 17 port signed by the presiding judge and transmitted, together with a certified 20 18 copy of the order removing such deputy clerk, to the supreme court, which shall 19 review the said order and affirm or reverse the same as justice may require. 20 Any deputy clerk may likewise be removed by the clerk, but any deputy so 21 removed may be restored to his position by an order signed by the judge of 22 the court of which he is such deputy clerk, or, if such court consists of more 23 than one judge, then by an order signed by a majority of the judges of such 24 court. Each of such deputy clerks shall take the same oath or affirmation re- 25 quired of the principal clerk and shall give a bond to be approved by one of 26 the judges of said court, which bond shall be in such penalty, not less than 27 two thousand dollars ($2,000), as may be fixed by such judge, and shall be 28 conditioned, as near as may be, like the bond required of the principal clerk 29 and such bond shall also be filed in the office of the Secretary of State. An 30 appointment of a deputy clerk shall be in substantially the following form: 31 Chicago, III., July 1, 1909. 32 This is to certify that John Smith has this day been appointed a deputy 33 clerk of the circuit court of Cook county, JUinois. 34 Witness my hand and the seal of said 35 ^ court the day and year aforesaid: 36 [seal.] William Jones, 37 Clerk of the Circuit Court of Cook County, Illinois. Sec. 27. Vacancy in office of clerk — how filled.] When a vacancy 2 occurs in the office of clerk of any court of record whose unexpired term ex- 3 ceeds one year the judge of such court, or, if such court consists of more than= 4 one judge, then a majority of such judges, by an order in writing signed by 5 him or them and spread upon the records of the court, shall appoint a clerk 6 pro tempore who shall qualify by giving bond and taking the oath as required 7 by law of the clerk of such court, and thereupon such appointee shall per- 8 form all the duties required of a duly elected clerk of such court and may 21 9 receive like emoluments and shall hold such office until some person is elected 10 and qualified according to law to fill such vacancy. "Whenever any such va- il cancy occurs the judge thereof, or, if such court consists of more than one judge, 12 a majority of such judges, shall forthwith notify the governor of the vacancy, 13 who, upon receiving such notice shall, as soon thereafter as may be practicable, 14 issue a writ of election as in other cases. A vacancy in the office of clerk of 15 any court of record, or the expiration of the term of office of any such clerk, 16 shall not operate to terminate or otherwise interfere with the tenure of office 17 of any deputy clerk, but every deputy clerk in office at the time of the occurring 18 of such vacancy or expiration of the term of office of the principal clerk shall 19 continue to hold his office of deputy clerk untU he shall have been removed 20 therefrom in the manner hereinbefore provided, or untU his office shall have 21 become vacant by death or resignation. Sec. 28. Duties of clerk.] The clerks of all courts of record shall issue 2 the process of their respective courts in the manner provided by law, attend 3 the sessions thereof, preserve all the -files and papers, and make, keep and 4 preserve such records of the proceedings and determinations thereof as may 5 be provided by this Act or as may be otherwise provided by law, and shall do 6 and perform all other duties pertaining to their said offices which may be pre- 7 scribed by law or by the rules and orders of their respective courts not incon- 8 sistent with law. Sec. 29. Books and stationery foe clerks of supreme aiA) appellate ■ 2 courts — how procured.] The clerk of the supreme court and each clerk of the 3 appellate court shall, from time to time, procure the books and stationery for • 4 his respective office and, when the same are not already provided for, sufficient 5 facilities for the safe keeping of the archives of his respective office and the 6 accounts therefor shall be certified by the court of which he is the clerk to the 7 auditor of public accounts, who shall draw his warrants on the State treasury 22 8 for the amount of the same, to be paid out of the appropriations that shall be 9 made therefor. Sec. 30. Books and stationery for clerks of circuit, county, probate, etc. 2 — HOW procured.] The clerk of each circuit, county and probate court and 3 the clerk of the superior court of Cook county and the clerk of the criminal 4 court of Cook county shall, from time to time, as may be necessary, procure 5 the proper books and stationery for his respective office under the superin- 6 tendence of the judge or judges of the court of which he is clerk, unless the 7 same are provided by the county board as provided by law. Sec. 31. Books and stationery for clerks of city courts — how procured.] 2 The clerk of each city court shall, from time to time, as may be necessary, prOi 3 cure the proper books and stationery for his oflBce under the superintendence 4 of the judge of said court, and the expense thereof shall be paid out of the city 5 treasury on the certificate of such clerk approved by said judge. Sec. 32. Clerk to furnish printed blanks free.] The clerk of each court 2 of record shall keep on hand and furnish on application and free of charge to 3 every attorney at law entitled to practice in such court printed blank forms of 4 praecipes, statements of claims, entries of appearance and specifications of de- 5 fenses, affidavits of claim, of merits, for replevin and for attachment, bonds, 6 summonses, attachment writs, replevin writs, executions, petitions for changes 7 of venue, motions and all other necessary papers for use in the prosecution and 8 defense of actions in such court. Sec. 33. Duty of clerk going out of office— power of court to compel 2 delivery of books and papers.] Whenever a clerk of any court shall go out of 3 office, it shall be his duty to deliver over to his successor, and of his successor 4 to demand and receive from him, all the books, papers, records and other 5 things appertaining to his office or in the possession of such outgoing clerk 23 5 by virtue of his office. Should any person herein required to give up the books, 7 papers, records and other things as aforesaid refuse to do so on such applica- 8 tion and demand, the court shall shall have power to use such compulsory pro- 9 cess and take such measures as may be necessary to coerce the delivery afore- 10 said according to the true intent and meaning hereof. Sec. 34. Clerk's office to have telephone — clebk to furnish infobma- 2 TiON.J The office of the clerk of every court of record shall be furnished with 3 a telephone, or such number of telephones as may be necessary, for the use 4 of attorneys and parties to actions; in the transaction of the business of 5 the court. Any attorney at law, or any party to any action in such court, may 6 apply, either in person or by telephone or otherwise, for any information re- 7 specting the proceedings in such action or the papers filed therein which such 8 attorney or party may deem necessary, and such clerk shall furnish such in- 9 formation without charge being made therefor: Provided, however, that any 10 attorney or party applying by telephone for information at such distance from 11 the clerk's office as to require the payment of telephone toll shall pay the same: 12 And, provided, further, that nothing herein contained shall be construed to re- 13 quire the clerk to furnish copies of documents without pajonent therefor at the. 14 rate fixed therefor by this'Act. DIVISION III. the powers and duties of sheriffs. Section 35. Custody of court house, etc. — execution of process — attendance on courts — office hours. 36. Bond — oath. , 2,y. Deputies — how appointed and removed — oath — bond. 38. Vacancies in office of sheriff — how filled. 39. Sheriff or deputy not to act as attorney. Section. 40. Sheriff or deputy not to purchase at sheriff's sale. 41. Unreasonable neglect to pay money. 42. Sheriff going out of office to deliver books, etc., to successor. 44. Power of deputy in case of vacancy. 45. Persons not citizens, etc., not to be deputies. 24 Sec. 35. Custody of court house, etc.— execution of peocesS— attend- 2 ANCE ON COURTS— OFFICE HOURS.] The sheriif of each county shall have Ihe 3 custody and care of the court house and jail of his county except as is other- 4 wise provided by law, and shall serve and execute within his county and re- 5 turn all writs, warrants, processes, orders and decrees of every description 6 which may be legally delivered to him for service or execution. He shall, in 7 person or by deputy, attend all the courts of record which may be held in his 8 county, whenever so required by said courts, and shall obey the lawful orders 9 and directions of each of said courts : Provided, however, that the sheriff of 10 Cook county shall not be required to attend the municipal court of Chicago. He 11 shall keep his office and the branches thereof in the court house or other place 12 or places lawfully provided for the keeping of the same, and shall keep them 13 open and attend to the business thereof from eight-thirty o'clock a. m. to five- 14 thirty o'clock p. m. of each working day except a legal holiday, and he shall 15 afford sufficient facilities for the transaction of the business of his office at such 16 other hours as may be required by the judges of the respective courts. He shall 17 attend in person to the duties of his ofifice when it shall be practicable to do so 18 and shall perform all the duties thereof which can reasonably be performed by 19 one person. Sec. 36. Bond — oath.] Every sheriff shall, before entering upon the duties 2 of his office, give bond with two or more sureties to be approved by the judge 3 of the county court of his county in the penal sum of ten thousand dollars 4 ($10,000), except that the bond of the sheriff of Cook county shall be in the 5 penal sum of one hundred thousand dollars ($100,000), and be approved by 6 the judges of the circuit court of Cook county, payable to the People of the 7 State of Illinois, conditioned that he will faithfully discharge all the duties re- 8 quired or to be required of him by law as such sheriff. A bond so conditioned 9 shall be construed as if conditioned that such sheriff should pay over all 10 moneys that might come to his hands by virtue of his office to the parties 25 11 entitled thereto and deliver up all moneys, papers, books, records and other 12 things appertainin,g to his office, whole, safe and undefaced when lawfully re- 13 qnired so to do, and that he should faithfidly perform every duty. and respond 14' to every liability imposed upon him by virtue of his office. Such bond shall 15 be entered upon the records of the county court and filed in the office of the 16 clerk of the coimty court of his county. Such sheriff shall also, before enter- 1 7 ing upon the duties of his office, take and subscribe and file in the office of the Sec- 18 retary of State the following oath or affirmation: 19 I do solemnly swear (or affirm, as the case may be) that I will support the 20 constitution of the United States and the constitution of the State of Illinois, 21 and that I will faithfully discharge the duties of sheriff of (here insert name 22' of county) county according to the best of my ability. Sec. 37. Deputies — ^how appointed and bemoved — oath — bond.1 In every 2 county other than Cook county the sheriff shall appoint such number of deputies 3 as may be determined by a majorityof the judges of the circuit court of said 4 county and the sheriff of Cook county shall appoint such number of deputies 5 and assistants as shall be determined by a rule of the circuit court of Cook 6 county to be entered of record. The circuit court of each county and also the 7 superior court of Cook county shall have power, by an order entered of record, 8 to remove any deputy sheriff or assistant of the sheriff of such county whom 9 the court, after due investigation and after full opportunity accorded such 10 deputy sheriff to be heard, shall find to be incompetent or unfit to discharge 11 the duties of his office or to have been guilty of oppression or extortion or other 12 improper conduct in the discharge of the duties of his office; but in such case, 13 at the request of such deputy sheriff or other assistant, the evidence heard 14 in respect to the charges against him shall be embodied in a report sismed by 15 the presiding judge and transmitted, together with a certified copy of the order 16 removing such deputy sheriff or other assistant, to the supreme court which 20 17 shall re^dew the said order and proceediiijgs and affirm or reverse the same as 18 justice may require. Any deputy sheriff or other assistant of the sheriff may 19 likewise be removed by the sheriff, but any deputy so removed may be restored 20 to his position by an order signed by a majority of the judges of the circuit 21 court of the county 'in which such deputy or other assistant is appointed, or, in 22 Cook county, by a majority of the judges of the circuit and superior courts of 23 said county. Each of such deputy sheriffs or other assistants shall take the same 24 oath or affirmation required of the sheriff and shall give a bond to be approved 25 by the judge of the county court of his county, except that such bond of a deputy 26 sheriff of Cook county shall be approved by the judges of the circuit court of 27 said county, in such penalty, not less than five thousand dollars ($5,000), as 28 may be fixed by such judge or judges and shall be conditioned, as near as may 29 be, like the bond required of the sheriff and such bond shall also be filed in the 30 office of the Secretary of State. An appointment of a deputy sheriff shall be in 31 substantially the following form : 32 Chicago, Illinois, July 1, 1909. 33 This is to certify that John Smith has this day been appointed a deputy 34 sheriff of Cook county, Illinois. William Jones, 35 Sheriff of Cook County, Illinois. Sec. 38. Vacancies in office of shekiff — how filled.] When a vacancy 2 occurs in the office of sheriff of any county whose unexpired term exceeds one 3 year, a majority of the judges of the circuit court of such county, or in Cook 4 county a majority of the judges of the circuit and superior courts of said 5 county, by an order in writing signed by them and spread upon the. records of 6 . the circuit court of such county, shall appoint a sheriff pro tempore, who shall 7 qualify by giving bond and taking the oath as required by law of the sheriff 8 of said county; and thereupon such appointee shall perform all the duties re- 9 quired of a duly elected sheriff of such county and may receive like compensa- 10 tion ; and shall hold such office until some person is elected and qualified accord- 27 "* ^ 11 ing to law to fill such vacancy. "Whenever any such vacancy occurs the majority 12 of said judges shall forthwith notify the Governor of the vacancy, who, upon 13 receiving such notice, shall, as soon thereafter as njay be practicable, issue a 14 writ of election as in other cases. A vacancy in the office of sheriff of any county, 15 or the expiration of the term of office of any such sheriff, shall not operate to 16 terminate or otherwise interfere with the tenure of office of any deputy sheriff, 17 but every deputy sheriff in office at the time of the occurring of such vacancy, 18 or expiration of the term of office of the sheriff, shall continue to hold his office 19 of deputy sheriff until he shall have been removed therefrom in the manner 20 hereinbefore provided or until his office shall have become vacant by death or 21 resignation. Sec. 39. Sheriff ok deputy not to act as-attoeney.] No sheriff or deputy 2 sheriff shall aj)pear in any court as attorney or counsel for any party or become 3 surety for any person in any civil or criminal action or proceeding. Sec. 40. Shebiff ob deputy itot to puechasb at shebiff's sale.] No 2 sheriff or deputy sheriff shall become the purchaser, nor procure any other 3 person to become the purchaser for him, of any property, real or personal, by 4 him exposed to sale by virtue of any execution or other process; and all such 5 purchases made by any sheriff or deputy sheriff, or by any other person in 6 his behalf, shall be absolutely nnl! and void. See. 41. Unreasonable neglect to pay money.] If any sheriff unreason- 2 ably neglects t1S treasury of the county in and for which he is appointed. The accounts of every 14 .master in chancery shall be audited under the direction and supervision of the 15 court in and for which he is appointed as often as the judges of said court may 16 deem necessary, such audit to be made at the expense of the county in and for 17 which he is appointed. See. 56. Fees to be collected in advance — exceptions — master pekson- 2 AULY EESPONSiBLE.] Each master in chancery shall collect in advance the costs ' 3 and charges required by this Act, excepting as may be herein otherwise provided, 4 and shall be personally responsible for all such fees as he shall have so failed 5 to collect in advance. Sec. 57. To be provided with rooms, stationery, etc.— expenses to be paid 2 OUT OF COUNTY TREASiUEY.] Evcry mastcr shall, under the direction and super- 3 vision of the judges of the court for which he is appointed, be provided with 4 suitable rooms for the transaction of the business of his office and all necessary 5 stationery, typewriting machines and other suitable appliances and supplies 6 therefor and be allowed, in addition to his salary, all other expenses which may 7 be deemed necessary or proper by such judges, and the same shall be paid out 8 of the county treasury on the order of the superintending judge of the court, or, 33 9 if there be a business manager of such court, on the order of such business 10 manager. Sec. 58. When master may not peactice law.] Whenever the business 2 to be disposed of without trials by jury in any court by which a master in 3 chancery or several masters in chancery is or are appointed is such as to occupy 4 the time of one or more judges of said court during the entire year, no master 5 in chancery of such court shall be permitted to practice as an attorney at law 6 during his continuance in office as such master in chancery. DIVISION V. STENOGRAPHIC AND TTPEWEITING DEPAETMENT. Section 59. Power and duty of judges to establish. 60. Stenographers and t)'pewriters — how selected — removal — certificate of ap- pointment — bond — oath. 61. Salaries fixed by judges — temporary employment — ^traveling and other ex- penses — ^business manager. 62. Duties of stenographers and typewriters. 63. No perquisites aside from salary — no discrimination. 64. May take depositions. Section 65. Fees. 66. Judges to prescribe rules. 67. Work may be extended to other courts — work for attorneys. 68. Suitable rooms, typewriting machines, etc., to be provided. 69. Receipts to be paid to circuit clerk — disposition of surplus — making up of deficit. 70. Intention of act — power of judges. 71. Inspection and audit of accounts. Sec. 59. Power and duty of judges to establish.] The judges of the 2 circuit court of each circuit outside of Cook county shall have power and it 3 shall be their duty to organize and establish a stenographic and typewriting de- 4 partment for such circuit, and the judges of the circuit and superior courts of 5 Cook county shall have power and it shall be their duty to jointly organ- 6 ize and establish a stenographic and typewriting department for such county, 7 for the performance of such work pertaining to stenographic reporting and 34 8 typewriting as sucli judges may deemnecessary for the prompt and proper ad- 9 ministration of justice in said respective courts, and, in Cook county, also in the 10 criminal court of Cook county- Sec. 60. StENOGRAPHEKS and TYPEWEITEES— how selected — BEMOVAL, — CEB- 2 TipicATE OF APPOINTMENT— BOND— OATH.] The stcuographcrs and typewriters for 3 every such department shall he selected hy the judges of the respective circuits 4 in which they are employed, or, in Cook county, by the judges of the circuit 5 and superior courts jointly, and their selection shall he made in such manner 6 as, in the opinion of said judges, will best promote efficiency in the perform- 7 ance of such stenographic and typewriting work, and no such stenographer or 8 typewriter shall be so selected without haiving first furnished to the judges 9 making the selection satisfactory evidence of good moral character and of his 10 or her competency to satisfactorily perform ihe work for which he or she may 11 be so employed. No stenographer or typewriter shall be so selected for politi- 12 cal reasons, or for any other consideration than his or her character and com- 13 petency as aforesaid. As soon as may be practicable after the taking effect of 14 this Act, the judges of the circuit court of each circuit, and the judges of the 15 circuit and superior courts of Cook county, shall establish for their respective 16 circuits, or for Cook county, as the case may be, rules for the selection of such 17 stenographers and typewriters by means of competitive examinations : Provided, 18 hoivever, that such ijumber of stenographers and typewriters as said respective 19 judges may determine, not exceeding eight in any one circuit, or in Cook county, 20 as the case may be, may be selected in the discretion of the said respective judges 21 and without such competitive examination. All stenographers and typewriters 22 employed shall be subject to removal at the pleasure of a majority of the 23 judges by whom they shall have been selected. Every stenographer so selected 24 shall receive from the clerk of the circuit court of the county in which he or 25 she is appointed a certificate of his or her appointment, the form of which shall 35 26 be prescribed by the judges of the circuit court, and he or she shall have power 27 to administer oaths and to take and certify depositions. Before entering upon 28 the discharge of his or her duties he or she shall file with the clerk of the 29 circuit court a bond in the penal sum of one thousand dollars ($1,000), pay- 30 able to the People of the State of Illinois, with security to be approved by one 31 of the judges of the circuit court, conditioned for the faithful performance of 32 his or her duties as court stenographer, and shall take, subscribe and file with 33 said clerk the following oath: 34 I (here insert name) do solemnly swear (or affirm, as the case may be) 35 that I will support the constitution of the United States and of the State of 36 Dltnois and that I will faithfully discharge the duties of court stenographer in 37 and for the (here insert number) Judicial circuit, (or, in and for the county ,38 of Cook, as the case may be,) to the best of my ability. Sec. 61. SaLABTES fixed by judges — TEMPORABT employment — TEA.VELI.nfG 2 AND OTHEB EXPENSES — BUSINESS MANAGER.] Such steuogTaphers and typewriters 3 shall receive, as compensation for their services, salaries which shall be fixed 4 and determined by said judges, according to the character of the work per- 5 formed by such stenographers and typewriters, at such sums as the respective 6 judges may deem necessary to secure the prompt and proper performance of 7 such stenographic and typewriting work and as may be proportioned to the 8 skill, ability and capacity for work of the persons employed, each person em- 9 ployed to be paid according to his own individual capacity, as near as may be : 10 Provided, however, that no greater nimiber of stenographers and typewriters ■ 11 shall be permanently so employed than may, in the opinion of said judges, be 12 needed for the transaction of the ordinary business of the court and that said 13 judges may provide, from time to time, for the temporary employment of addi- 14 tional stenographers and typewriters and fix their compensation, whenever an 15 unusual amount of business to be transacted or work to be done may, in the 16 opinion of said judges, render such course necessary or expedient. In addition 36 17 to the salaries and compensation in this section provided for, the judges may 18 allow to such stenographers and typewriters their actual traveling and other 19 necessary expenses, the same to be ascertained and fixed! in such manner as 20 the judges may prescribe, and, in cases of emergency, requiring unusual hours 21 of labor by such stenographers and typewriters, may allow them such additional 22 compensation therefor as said judges may deem reasonable and just. When- 23 ever, in the opinion of the majority of the judges of the circuit court of any 24 circuit, or whenever, in Cook county, in the opinion of a majority of the judges 25 of the circuit court and of the superior court of Cook county, the business of 26 the stenographic and typewriting department is sufficient to justify it, a business 27 manager may be appointed for such stenographic and typewriting department, 28 who shall have such powers, perform such duties and receive such compensa- 29 tion as may be prescribed by a majority of said judges, and said judges may, 30 in their discretion, compensate such business manager in part by a percentage 31 of the receipts of such stenographic and typewriting department or of such re- 32 ceipts over and above the expenses thereof, or may adopt such other method 33 of compensation as, in their judgment, may be best calculated to promote Sffi- 34 ciency and economy in the management of the business of such department. Sec. 62. Duties op stbnogeaphers and typewriters.] The duties of sten- 2 ographers and typewriters so employed shall consist in taking down stenograph- 3 ically such proceedings of the respective courts, such depositions and such pro- 4 ceedings before the masters in chancery thereof as the judges or the parties to 5 actions or their attorneys, may require to be taken down stenographically and 6 in making such transcripts from their stenographic notes as may be required 7 by the judges, or by parties to actions or their attorneys, also in making type- 8 written copies of papers and records in the offices of the clerks and sheriffs 9 whenever such typewritten copies may be needed, and in the performance of all 10 such other stenographic and typewriting work in matters connected with the 11 administration of justice in said respective courts, including work in the offices 37 12 of State's attorneys and county attorneys, as they may be required to perform 13 by or under the direction of said judges, and the hours of labor of such sten- 14 ographers and typewriters shall be so fixed and determined by the judges as to 15 secure the prompt performance of the work of such stenographic and type- 16 writing department and first-class service to parties to actions and to their 17 attorneys. Sec. 63. Xo PERQUISITES ASIDE FKOM SALABY — NO DISCBIMINATION. ] No Sten- 2 o,grapher or typewriter so employed shall receive, aside from the salary or com- 3 pensation authorized to be paid to him by this Act, any money, property, or 4 ^ other valuable thing, as a gratuity or otherwise, for the performance of any 5 duty imposed upon him by virtue of his employment or for the performance of 6 any work of any kind or character in any manner connected therewith, jior 7 shall any such stenographer or typewriter, in the performance of any work 8 connected with his employment, exercise any discrimination of any kind or char- 9 acter in favor of any party to any action, attorney or other person, excepting 10 in so far as such discrimination may be authorized by any rule adopted by 11 the judges pertaining to such stenographic and typewriting department. Sec. 64. May take depositions.] A deposition may be taken before and 2 certified to by a stenographer in such stenographic and typewriting department 3 in accordance with such regulations as may be prescribed by the judges. Sec. 65. Fees.] The fees and charges for services rendered by any sten- 2 ographic and typewriting department shall be such as are hereinafter pre- 3 scribed, or as may be provided, from time to time, by law. Sec. 66. Judges to presceibe rules.] It shall be the duty of the judges by 2 whom any stenographic and typewritintg department is established to prescribe 3 such rules and regulations as may be needful for the prompt collection of and 4 accounting for the fees and charges specified in the preceding section. 38 ' Sec. 67. Work mat be extended to other courts— work foe attobnbts.] 2 The said respective judges may, by rules and regulations, extend the work of 3 such stenographic and tjrpewriting department so as to include all stenographic 4 and typewriting work which may be deemed necessary in any other court or 5 courts of record within their respective circuits or within the county of Cook, 6 as the case may he, in which case the costs and charges in this Act pro- 7 vided for the work of said stenographic and typewriting department shall be 8 made applicable to such other courts, and may,' and, when practicable, shall 9 likewise provide for the performance by such stenographic and typewriting 10 department of stenographic and typewriting office work for attorneys at law 11 authorized to practice in the courts of this State, when such work pertains to 12 actions or proceedings in the courts for which such department is or^ganized 13 and when the same may be done without interfering with or delaying the reg- 14 ular work of such department. Sec. 68. Suitable rooms, typewriting machines, etc., to be provided.] 2 Suitable rooms for the performance by the employes of the stenographic and 3 typewriting department and all necessary typewriting machines, graphophones 4 and other suitable appliances and stationery and other materials shall be pro- 5 vided by the judges thereof, the expenses thereof to be paid as hereinafter 6 provided. Sec. 69. Receipts to be paid to circuit clerk — disposition of surplus 2 —making up of deficit.] All receipts of every such typewriting department 3 in each county shall be paid to the clerk of the circuit court of the county in 4 which the work from which such receipts arise is performed, and shall be held 5 and disposed of by such clerk in such manner as the judges of such circuit court 6 in each circuit outside of Cook county, or in Cook county in such manner as 7 the judges of the circuit and superior courts of said county jointly may, by 8 rule, provide, and the same shall be used, so far as may be necessary, by said 39 9 judges in the payment of tiie salaries, compensation and expense accounts of 10 stenographers and typewriters and all other expenses of said respective steno- 11 graphic and typewriting department hereinbefore provided for. At the end of 12 each three months the respective judges shall ascertain the total receipts and 13 expenditures of the stenographic and typewriting departments in their respect- 14 ive circuits, or in Cook county, as the case may he, and if such receipts exceed 15 the expenditures, the balance of receipts, after deducting such expenditures, 16 shall, in each circuit outside of Cook county, be divided among the coimties 17 composing such circuit in proportion to their respective poptilations, as ascer- 18 tained by the next preceding census, whether State or federal, and the amount 19 apportioned to each county paid into its county treasury, and in Cook county, 20 the entire amount of such balance shall be paid into the county treasury, but 21 if, in any circuit outside of Cook county, the expenditure* shall exceed such 22 receipts, the deficit shall be apportioned in like manner among the counties of 23 such circuit, and shall be paid by the respective county treasurers out of the 24 respective coimty treasuries in sueh manner as such judges may, by rule, pre- 25 scribe, and if, in Cook county, the expenditures shall exceed the receipts, the 26 amount of such deficit shall be paid out of the county treasury of Cook county 27 by the county treasurer of such county in such manner as the judges of the cir- 28 cuit and superior courts of Cook county may, by rule, prescribe. Sec. 70. Intention of act — power of judges.] It is hereby declared to 2 be the intention of this act that the business of every such stenographic and type- 3 writing department shall be managed and carried on with the same care and 4 prudence with which any prudent private individual or any well managed pri- 5 vate corporation would carry on the business of any similar department in his 6 or its business, that the same shall be furnished with all the most modern ap- 7 pliances and be first class and up-to-date in every particular, and that parties 8 to actions and their attorneys and all other persons entitled to the services of 9 any such stenographic and type-writing department, shall be served thereby 40 10 as promptly and eflficiently as they would reasonably expect to be served if such 11 stenographic and type-writing department were under the management of a 12 prudent private individual or of a well managed private corporation whose in- 13 terest it was to furnish prompt and efficient service, and the said judges of the 14 circuit courts and of the superior court of Cook county are hereby vested with 15 all powers, in addition to those herein expressly conferred, which, in their judg- 16 ment, are necessary for the carrying, into effect of said intention. Sec. 71. Inspection and audit of accounts.] The judges of the circuit 2 court in each circuit and, in Cook county, the judges of the circuit and super- 3 ior courts jointly, shall provide in each circuit and in Cook county for the in- 4 spection and auditing of the accounts pertaining to the stenographic and type- 5 writing department in each circuit and in Cook county, and also for the auditing 6 and inspection of the accounts of the clerks and masters in chan- 7 eery of their respective courts and of the sheriffs, official receivers and 8 public administrators of their respective counties. The expense of such audit- 9 ing and inspection shall be paid out of the receipts of the respective steno- 10 graphic and type-writing departments. The judges of any two or more circuits, r 11 if they find it expedient or economical so to do, may employ one or more persons . 12 for the auditing and inspection of the accounts in such circuits, the expenses 13 thereof to be divided between such circuits in such manner as said judges may 14 deem just and proper. 41 DIVISIOX VI. THE SXJPBEME AND APPELLATE COUBT KEPOETEES. Section 72. Rqjorter of Supreme Court to receive salary — no other emoluments — ex- ception — duties. 73. Reporter of appellate court — duties — salary. 74. Illinois reports limited to four volumes annually. 75. Appellate court reports limited to four volumes annually. 76. Rules for selection and publication of opinions. Section Tj. Syllabus — statement of facts — other opinions. 78. Table of cases and index. 79. Digests. 80. Advance sheets. 81. Distribution of reports. 82. Sales of copies of reports. 83. Assistants of reporters — salaries — ^Kow fixed. 84. Expenses of printing, etc., to be paid out of attorneys' fund. Sec. 72. Reporter of supreme court to receive salary — no other emolu- 2 MENTS — ^exception — ^DUTIES.] From and after tlie first day of January, 1912, 3 the reporter of the decisions of the supreme court shall receive a salary of ten 4 thousand dollars ($10,000) per annum, payable in quarterly installments, out 5 of the State treasury, and shall .receive, neither directly nor indirectly, any ad- 6 ditional profits or emolumients by virtue of his office other than such as he may 7 receive from the publication of the volumes of the Illinois Reports containing 8 decisions of the supreme court rendered prior to the taking eifect of this Act. 9. It shall be the duty of such reporter to report, publish and distribute, or cause 10 to be reported, published and distributed, subject to the provisions herein- 11 after contained, the decisions of the supreme court and to perform such other 12 work as may be hereinafter provided to be performed by him or as may be re- 13 quired of him by .the court. Sec. 73. Reporter of appellate courts — duties — salary.] . Immediately 2 after the taking effect of this Act the supreme court shall appoint a reporter 3 of the decisions of the appellate courts. Such appointment may be made either 4 in term time or in vacation. It shall be the duty of such reporter to report, 5 publish and distribute, or cause to be reported, published and distributed, sub- 42 6 ject to the provisions hereinafter contained, the decisions of the appellate 7 courts of this State rendered after the taking effect of this Act, and to per- 8 form such other work as may be hereinafter provided to be performed by him 9 or as may be required of him by the court. He shall receive a salary of six 10 .thousand dollars ($6,000) per annum, which shall be payable in quarterly in- 11 stallments, out of the State treasury. Sec. 74. Illinois eeports limited to foxjk volumes annually.] After the 2 completion of the publication of the decisions of the supreme court rendered 3 prior to the taking effect of this Act, no more than four volumes of the de- 4 cisions of said court shall be published in any one year. Each of said volumes 5 shall contain, including a table of cases and index, not less than seven hundred 6 and fifty (750) pages and no,t more than eight hundred (800) pages, and the 7 size of the type, the quality of paper and the binding thereof shall be such as 8 may be prescribed by the supreme court. The opinions" to be published in each 9 volume shall be such only as the judges of the supreme court shall, in accordance 10 with the provisions hereinafter contained, direct to be published therein. Sec. 75. Appellate court rbpoets limited to poub volumes annually.] 2 After the completion of the publication of the decisions of the appellate courts 3 rendered prior to the taking effect of this Act no more than four volumes of 4 the decisions of said courts shall be published in any one year. Each of said 5 volumes shall be of substantially the same size, be printed from similar type 6 and uJ)on the same quality of paper and be bound in substantially the same man- 7 ner as the volumes of the decisions of the supreme court. The opinions to be 8 published in each volume thereof shall be such only as may be selected by 8 said reporter with the approval of the judges of the supreme court. Sec. 76. EuLES for selection and publication op opinions.] In the se- 2 lection of opinions of the supreme court and of the appellate courts for publi- 43 3 cation, and the publication of the same as aforesaid, the following rales shall 4 be observed: 5 First — Discussion of evidence.] No opinion, or portion of an opinion, of 6 either court shall be so selected for publication which shall consist of a discus- 7 sion of evidence upon any controverted question or questions of fact. 8 Second — Repeating pkeviously announced rules.] No opinion or portion 9 of an opinion of either court which pertains to a question or questions of law 10 shall be so selected for publication, unless the same announces a rule or prin- 11 ciple of law not previously announced by the supreme court or is an applica- 12 tion of a rule or principle of law previously announced by the supreme court 13 to facts to such an extent different from the facts arising in cases previously 14 decided by said court, as, in the judgment of the judges of the supreme court 15 to render the publication of such opinion advantageous. 16 Third — Quotations.] No opinion, or portion of an opinion, of either court 17 shall be so selected for publication which consists of a quotation or quotations 18 from previously published opinions of either of said courts, excepting when the 19 language quoted is set forth for tiie purpose of explaining the same or of modi- 20 fying or overruling the decision announced thereby. 21 Fourth — Dissenting opinions.] No dissenting opinion of any judge shall 22 be so selected for publication. 23 Fifth — -Appellate court opinions.] No opinion or portion of an opinion 24 of any appellate court shall be so selected for publication prior to the expira- 25 tion of the time within which an appeal to the supreme court may be perfected 26 from the judgment of the appellate court in the action in which such opinion 27 has been filed, and not thereafter if, within the time allowed for such appeal, 28 the same be perfected, until the final determination of the action in the su- 29 preme court, unless the supreme court shall atherwise direct. 30 Sixth^-AooFTios of appellate court opinion.] No opinion or portion of 31 an opinion of the supreme court shall be so selected for publication when the 44 32 same consists merely of the adoption and quotation by the supreme court of 33 the opinion of an appellatfe court, but in such case the opinion so adopted and 34 quoted may be published in the appellate court reports, if the same is one au- 35 thorized by this Act to be so published, and the report thereof in the Illinois 36 Eeports shall be limited to a statement that the opinion of the appellate court 37 was so adopted, and giving the result of the decision of the supreme court. 38 Seventh — Omitting portions.] When any opinion is filed only a portion of 39 which is permitted to be published in accordance with the foregoing rules, such 40 opinion, before publication, shall be modified or changed so as to omit therefrom 41 the portion or portions the publication of which would conflict with said rules. Sec. 77. Syllabus — statement of facts — othee paeticulaes.] Every opiii- 2 ion so selected for publication as aforesaid, when published as aforesaid, shall 3 be preceded by a syllabus, in such number of divisions as may be necessary, 4 briefly and concisely stating the point or points of law determined in the opin- 5 ion and also by a brief and concise statement of the facts appearing in the 6 action and necessary to the understanding of the application of the rules or 7 principles of law set forth in the opinion. It shall also specify whether the 8 action is an original action or whether it is brought to the court by appeal or 9 writ of error and, if brought to the court by appeal or writ of error, the report 10 shall specify the court from which the appeal or to which the writ of error has 11 been prosecuted and the name of the presiding judge of the court of original 12 jurisdiction, together with the individual names of the attorneys at law repre- 13 senting the parties in the appellate court or supreme court, as the case may be. 14 Whenever the supreme court shall so direct in any case, there may also be in- 15 serted in the report the points made and authorities cited by the respective 16 parties. Sec. 78. Table of cases and index. ] Every volume of reports published as 2 hereinbefore provided for shall contain a table of the cases the opinions in which 45 3 are published therein,, and a complete and carefully prepared index or digest 4 of the points of law decided therein, together with such memoranda, if any, 5 as the supreme court may direct to be published therein with respect to de- 6 cisions of the supreme court and appellate courts, the opinions in which are 7 omitted therefrom. Sec. 89. Digests.] Upon the completion of ten (10) volumes of the Illi- 2 nois Eeports containing decisions rendered subsequent to the taking effect of 3 this Act, said reporters of the decisions of the supreme court and appellate 4 courts shall prepare and publish, or cause to be prepared and published, sub- 5 ject to the provisions hereinafter contained, a complete index or digest of the 6 decisions of the court contained therein, together with the decisions of the ap- 7 pellate courts rendered after the taking effect of this Act and contained in the 8 volumes of the appellate court reports then published, such index or digest to 9 be uniform in appearance, paper and binding, as near as may be, with the Illi- 10 nois reports, and, upon the completion of each subsequent ten (10) volumes of •11 Illinois reports, they shall prepare and publish, or cause to be published, sub- 12 ject to the provisions hereinafter contained, a new and complete index or di- 13 gest of all of the volumes then published of said Illinois reports and of said 14 appellate court reports containing decisions of the supreme court and of the 15 appellate courts rendered after the taking effect of this Act: Provided, how- 16 ever, that no such index or digest shall be published until the same shall have 17 been examined and approved by a majority of the judges of the supreme court, 18 or by persons learned in the law selected by a majority of the judges of the su- 19 preme court to examine and approve the same, which persons shall be paid for 20 their services out of the attorneys ' fund hereinafter provided for, on the order 21 of the chief justice of the supreme court, such compensation as said judges 22 may deem proper. 46 Sec. 80. Advance sheets.] As often as opinions have been selected for 2 publication in the Illinois reports, sufficient with the syllabi and statements 3 of facts to be prefixed thereto to occupy one hundred (100) printed pages of a 4 report, and as much oftener as the judges of the supreme court may direct, 5 said reporter of the decisions of the supreme court shall cause the advance 6 sheets of the report thereof to be printed and published and the reporter of 7 the decisions of the appellate courts shall also cause to be printed and published 8 like advance sheets of the reports of the appellate courts as often as such 9 opinions, with the syllabi and statements of facts prefixed thereto, are suffi- 10 cient to occupy one hundred (100) pages of a report, and as much oftener as 11 the judges of the supreme court may direct. Sec. 81. DisTEiBUTioN OF REPORTS.] The volumes of the Illinois reports, and 2 of the appellate court reports, containing decisions of said courts rendered after 3 the taking effect of this Act, the indexes or digests thereof and the advance 4 sheets hereinbefore provided for, shall be distributed and delivered free by or 5 under the direction of said respective reporters, all charges prepaid, as 6 follows : 7 First — Five copies of each to the library of congress. 8 Second — One copy of each to the President of the United States. 9 Third — One copy of each to each state and territorial library. 10 Fourth — One copy of each to each judge of the supreme court of the United 11 States. 12 Fifth — One copy of each to each judge of the circuit court of the United 13 States. 14 Sixth — One copy of each to each judge of a district court of the United 15 States resident in the State of Illinois. 16 Seventh — Two copies of each to each judge of the supreme court of this 17 State. 47 18 Eighth — One copy of each to each judge of the circuit court of this State. 19 Ninth — One copy of each to each judge of the superior court of Cook 20 coxinty. 21 Tenth — One copy of each to each judge of a city court of .this State. 22 E'leventh — One copy of each to each judge of the municipal court of 23 Chicago. 24 Twelfth — One copy of each to each county judge of this State. 25 Thirteenth — One copy of each to each judge of a probate court of this 26 State. 27 Fourteenth— One copy of each to each clerk of a court of record of this 28 State. 29 Fifteenth — One copy of each to each master in chancery in any county in 30 this State in which such master in chancery is prohibited from practicing as an 31 attorney at law. 32 Sixteenth — Two copies of each to 'each law institute in this State. 33 Seventh^-FouT copies of each to each law school in this State. 34 Eighteenth — Three copies of each to the Attorney General of this State. 35 Nineteenth — One copy of each .to each State's attorney of this State, other 36 -than the State's attorney of Cook county. 37 Twentieth — ^Five copies of each to the State's attorney of Cook county. 38 Twenty-first — Three copies of each to the Attorney General of the United 39 States. 40 Twenty-second — One copy of each to each United States district attorney 41 resident in the State of Illinois. 42 Twenty-third — One copy of each to each State oflScer, other than the Attor- 43 ney General, required to reside at the seat of government. 44 Twenty-fourth — ^Five copies of each to the library of the supreme court of 45 this State and three copies of each to the library of each appellate court of 46 this State. 48 47 Twenty-fifth— Twenty copies of each to the State library of .this State for ^ use of the State. 49 Twenty-sixth — One copy of each to each attorney at law authorized to prac- 50 .tice in the courts of this State and resident in this State. Sec. 82. Sai.e op copies of bepoets.] Said respective reporters shall also 2 cause to be delivered to each other person applying therefor a copy of any one 3 or more of the said books in the previous section mentioned, upon the payment 4 therefor by said person of such price as may be fixed by the chief justice of 5 the supreme court, the said respective reporters and .the Attorney General. Sec. 83. Assistants of kepokteks — salaries — how fixed.] For the per- 2 formance of the work in this Act provided for, said respective reporters may 3 employ such number of assistants and other employes as the judges of the su- 4 preme court may deem necessary and the salaries of said assistants and cm- 5 ployes shall be fixed by said judge's. Sec. 84, Expenses op printing, etc., to be paid out of attorneys' fund.] 2 All expenses occurred in the printing, publication and distribution as aforo- 3 said of the Illinois reports, of the appellate court reports, of the indexes or di- 4 gests and of the advance sheets thereof, as well as the salaries and compensa- 5 tion of the assistants and employee and necessary office and storage rent and 6 other expenses, shall be paid out of the attorneys' fund hereinafter provided 7 for. The said respective reporters shall keep, or cause to be kept, accurate ac- 8 counts of all moneys received oi' paid out by them respectively in pursuance 9 of the provisions of this Act., and such Mccounts shall be audited by some com- 30 '..(.tent person under the direction of the supreme court semi annually. 49 DivisTox vn. PTTBLICATIOlir A^;D DTSTBIBniON OF BOOKS. Section . 85. Attorney to be appointed to prepare books — specification of books. 86. Approval of judges of supreme court. 87. Books to be' standard authority. 88. Paper, type, etc. 89. Attorney to be appointed to prepare digest. 90. Digest to contain lists of cases. 91. Paper, binding, etc. 92. Digest to be printed and distributed by reporter. Section . 93. Printing and distribution of other books. 94. Sales and purchases of books. 95. Public oificer to deliver books to suc- cessor . 96. Printing and distribution of books, etc., to be by contract. 97. Books to be copyrighted. 98. Compensation for preparation of books. 99. Attorneys employed to have assistance. Sec. 85. Attobney to be appointed to pbepabe books — specieicatioxs of 2 books.] It shall be the duty of the Attorney General, as soon as may be prac- 3 ticable after the taking effect of this Act, to designate and appoint some com- 4 petent attorney at law, whose dnty it shall be, under the direction of the judges 5 of the supreme court and subject to their approval, to prepui-e or cause to be {) prepared, to be thereafter printed and published as hereinafter provided, the 7 following books: 8 First — Fobms ix courts of becobd.J A book, in such number of volumes as 9 may appear to be necessary, containing such forms of orders, judgments, decrees 10 and other record entries as may be in common use in the keeping of the 11 records of courts of record, .together with such instructions and directions to 12 clerks of courts of record as may tend to facilitate and reduce the expense of 13 the keeping of such records and as may tend to lead to uniformity with respect 14 thereto in all courts of record, and also containing all abbreviations and ab- 15 breviated forms to be used in the keeping of the records of said courts. 16 Second — Pbactice ix coubts of becobd.J A book, in such number of volumes 17 as may appear to be necessary, explanatory of the practice in courts of record 50 - - ^ 18 of this State in all the various actions and proceedings, and laying down such 19 rules respecting the trial of causes and the disposition of the business of the 20 ■ courts as are of application therein, and furnishing to judges of courts" of record 21 and to attorneys at law such information as will tend to facilitate the trans- 22 action of business in said courts and insure the prompt and proper disposi- 23 tion of causes therein. Said book shall also contain such forms of praecipes, 24 statements of claims, affidavits, specifications of defenses, pleadings in actions 25 of mandamus, actions of quo warranto, actions of habeas corpus, actions in 26 equity, bonds, summonses, writs and other papers as may be in common use in 27 the proceedings of courts of record, and as may aid judges and attorneys at law 28 in the speedy and proper transaction of business in such courts and tend to 29 lead to uniformity of practice in all courts of record. 30 Third — ^Peactice before justices oe the peace.] A book, in such number 31 of volumes as may appear to be necessary, explanatory of the practice before 32 justices of the peace. Said book shall also contain such forms of papers as 33 may be in common use in- proceedings before justices of the peace, and all 34 necessary forms of orders, judgments and docket entries which may be used 35 in proceedings before justices of the peace, together with such other information 36 as may tend to facilitate the proper transaction of business by justices of the 37 peace. Sec. 86. Approval oe judges oe supreme court.] Each book aforesaid, as 2 soon as prepared and before the publication thereof, shall be submitted to the 3 judges of the supreme court, whose duty it shall be to examine the same, or 4 cause it to be examined by persons learned in the law, and to suggest such 5 changes therein or modifications thereof, if any, as they may deem necessary 6 or expedient, and, if no such changes or modifications are deemed necessary 7 or expedient, or, if so deemed necessary or expedient, such changes or modificar 8 tions are made, said judges shall sign a certificate of their approval thereof, 9 which certificate shall be printed thereim 51 Sec. 87. Books to be standard authority.] Every such book when so pub- 2 lished shall be received in all the courts of this State as a s,tandard authority 3 upon questions of practice in the courts of this State. Sec. 88. Papbe, type, etc.] The size, paper, type and binding of every 2 such book shall be such as may be prescribed by the Attorney Greneral. Sec. 89. Attorney to be appointed to prepare digest.] It shall also be the 2 duty of the Attorney Greneral, as soon as may be practicable after the taking 3 effect of this Act, .to designate and appoint some competent attorney at law 4 whose duty it shall be, under the direction of the judges of the supreme court 5 and subject to their approval, to prepare or cause to be prepared, to be there- 6 after printed and published as hereinafter provided, a full and complete digest 7 of the volumes of the Illinois reports and of the appellate court reports con- 8 taining the decisions of said courts rendered prior to the taking effect of this 9 Act, omitting therefrom digests of the following opinions or parts. of opinions : 10 a — Opinions no longer applicable.] Those which are no longer applicable 11 in the decision of questions of law in the courts of this State. 12 b — ^Repetitions of previous decisions.] Those containing decisions on 13 points of law which are decided with sufficient completeness and accuracy in 14 some other opinion or opinions, the points of law decided in which are set forth 15 in such digest. Ig f — Unsound arguments.] Those which contain arguments or suggestions 17 which are unsound or are calculated to mislead. Sec. 90. Digest to contain lists of cases.] The digest in the preceding 2 section provided for shall contain full and complete lists of all the decisions 3 of the supreme court and of the appellate courts of this State, as follows : 4 (f Cases still authorities.] A list of cases which have not been modified, 5 explained or overruled and which are still to be relied upon as authorities in 6 the decision of questions arising in the courts of this State. 52 7 b — Modified, explained oe oveekuled cases.] A list of cases which have 8 been modified, explained or overruled, in whole or in part, in which list the title 9 of each case shall be followed by a statement fully explanatory of the extent to 10 which the same has been modified, explained or overruled. 11 c — Cases no longer authority.] A list of cases which, without being modi- 12 fied, explained or overruled by subsequent decisions, have become no longer of 13 binding authority, each of which cases shall be followed by a statement ex- 14 planatory of the reason why the same is no longer of binding authority. Sec. 91. Paper, binding, etc.] The paper, type and binding of the volumes 2 of said digest shall be the same, as near as may be, as those of the Illinois re- 3 ports and the appellate court reports, and the digests thereof. Sec. 92. Digest to be printed and distributed.] The volumes of said digest 2 hereinbefore provided for, from time to time as the same are prepared and 3 approved, shall, under the superintendence of the supreme court, be printed and 4 published and distributed and delivered free of charge to the same persons, in- 5 stitutions and libraries and in the same number as is provided in this Act with 6 respect to the Illinois reports, the appellate court reports, and the advance 7 sheets and indexes or digests thereof. Sec. 93. Printing and distribution of other books.] The remaining books 2 hereinbefore provided for, from time to time as the same are prepared and ap- 3 proved, shall, under the superintendence of the supreme court, be printed and 4 published and distributed and delivered free of charge, as follows : 5 First — Same as Illinois reports — exception.] , To each person, institution 6 or library to whom or to which the Illinois reports are required to be delivered, 7 the same number of copies as there are to be delivered ,to such person, institu- 8 tion or library, copies of said Illinois reports: Provided, however, that there 9 shall be delivered to each clerk of a court of record, for each deputy of such 53 10 clerk, an additional copy of the book containing the forms or orders, judgments, n decrees and other record entries and abbreviations and abbreviated forms to be 12 used in the keeping of the records of courts of record. 13 - Second — Justices of the peace.] To every justice of the peace, of this 14 State one copy of the book explanatory of the practice before justices of the 15 peace, together with forms of papers to be used in proceedings before them, 16 and of orders, judgments and docket entries. Sec. 94. Sales and purchases of books.] There shall be delivered to 2 every other person applying therefor a copy of any one or more of the books 3 in the previous section provided for upon payment therefor by such person 4 of such price as may be fixed by the chief justice of the supreme court, the re- 5 porters of the decisions of the supreme court and appellate courts and the At- 6 tomey General, and, for the purpose of supplying the demand which may 7 arise, from time to time, for complete sets or single volumes of the Illinois 8 reports, the appellate court reports, and the indexes and digests thereof, as 9 well as of the other books hereinbefore provided for, the said reporters msay 10 cause to be purchased from the owners thereof such number of said books, when 11 in good condition, as may, in the judgment of the chief justice of the supreme 12 court, the Attorney General and said reporters of the decisions of the supreme 13 court and appellate courts, be necessary, and at such prices as they may deem 14 proper. Sec. 95. Public officer to delivbp books to successor.] Every public of- 2 ficer to whom any one or more of the books hereinbefore provided for shall be 3 delivered as aforesaid shall hold the same as a part of the books pertaining 4 to his office, and upon the expiration of his termi of office shall deliver the 5 same to his successor in office. Sec. 96. Printikg and distribution of books, etc, to be by contract.] The 2 chief justice of the supreme court, the Attorney General and the reporters of 54 3 the decisions of the supreme court and appellate courts shall procure the work 4 of printing and distributing the books hereinbefore provided to be printed, pub- 5 lished and distributed, and of caring for the stereotype, electrotype or other 6 plates thereof to be done by some responsible person, firm or corporation, at 7 a price or prices which may be deemed by said chief justice of the supreme 8 court, said Attorney General and said reporters to be reasonable and for such 9 period as said chief justice, said Attorney General and said reporters may 10 deem expedient : Provided, however, that in case such work can not be procured 11 to be done by any such person, firm or corporation, at a price or prices which 12 said chief justice, Attorney General and said reporters deem reasonable, such - 13 work may be done under the supervision of said reporters, in such manner as 14 said chief justice and Attorney General may direct. Sec. 97. Books to be copyrighted.] All books printed and published 2 under the preceding provisions of this Act under the superintendence of the 3 supreme court shall be copyrighted in the name of the person for the time be- 4 ing holding the office of Attorney General, and said officer shall hold the legal 5 title thereto, and to all the property acquired by means of the attorneys' fund, 6 in trust for the benefit of the attorneys at law from time to time authorized to 7 practice in the courts of this State and resident therein and for the aecomplish- 8 ment of the purposes of this Act. Sec. 98. Compensation kor preparation of books.] The attorneys at law 2 designated and appointed to prepare, or cause to be prepared, the books here- 3 inbef ore provided for shall be liberally compensated for their labors in that be- 4 half, such compensation to be fixed by the judges of the supreme court and the 5 Attorney General and to be paid out of said attorneys' fund, the intention 6 hereof being that the work to be perfoi-med shall be creditable and first-class 7 in every particular and that the compensation shall be commensurate therewith. 55 Sec. 99. Attorneys employed to have assistance.] The said attorneys at 2 law so appointed and designated as aforesaid shall also be furnished such as- 3 sistance in the performance of their work as the judges of the supreme court 4 and the Attorney General may deem necessary, the expense thereof to be paid 5 out of the attorneys' fund aforesaid. DIVISION vni. ATTOBXEYS AT LAW. Section ICO. Distinction between attorneys, selors, etc., abolished. coun- lOi. License to practice necessary^ — qiKilifi- cations required. 102. Oath. 103. Roll of attorneys. 104. Previously licensed attorneys permit- ted to practice. 105. Striking name from roll — suspension. 106. Notice of proceeding to be given — re- sult of striking from roll. 107. Controversies between attorney and client — power of court. 108. Failure of attorney to pay clerk, sheriff, master or court stenographer — procedure. 109. Attorneys, etc., liable to arrest when. no. Parties may prosecute or defend in person. 111. Attorneys of other states. 112. When judges and other officers may not practice. 113. Lien upon documents and papers. 114. Lien upon judgments and decrees. 115. Lien upon cause of action. 116. Employment of attorney persumed to continue. 117. Attorneys' associations to be organ- ized. 118. President and trustees — how selected — date of election. Section 119. Circuit clerks to conduct elections. 120. Norninations for president, etc. — how made — form of petition. 121. Ballots, etc., to be mailed by clerk. 122. Marking ballots. 123. Ballots received by clerk — canvass of votes. 124. Vacancy in office of president or trus- tee — how filled. 125. President and trustees to be furnished suitable rooms. 126. Proceeding to disbar attorney — how conducted. 127. Duty of president and trustees. 128. Complaints by attorneys' association — • Appeal to supreme court — power of supreme court. 129. Vote of attorneys may nullify rule. 130. Person admitted must pay license fee. 131. Attorneys to pay annual license fee — attorneys' fund. 132. Printing and distribution of lists of attorneys authorized to practice. 133. Attorneys' fund deposited with State treasurer — how expended. 134. Moneys retained by clerk of circuit court — ^how applied. 135. Supreme court may reduce Hcense fee when. 56 Sec. 100. Distinction between attorneys, counseloes, etc., abolished. 1 2 The distinction between attorneys at law, counselors at law and solicitors in 3 chancery shall no longer prevail in this State, but every person permitted to 4 commence, conduct or defend any action or proceeding in which he is not a 5 party concerned in any court of record within this State shall be known as 6 an attorney at law. Sec. 101. License to pbactice necessahy— quaufications required.] No 2 person shall be permitted to practice as an attorney at law in any court of rec- 3 ord within this State -without having previously obtained a license for that 4 purpose from the judges of the Supreme Court, which license may be obtained 5 in such manner and under such conditions as may be prescribed from time 6 to time by said judges. But after the year "1911 no person shall receive such 7 license unless he shall have been a graduate of a high school of this State or 8 shall have satisfactorily passed an examination equivalent to that required 9 for graduation from a high school of this State, and shall have pursued the 10 study of the law for the period of four years, one year of which shall have 11 been devoted to the study of the practice and procedure of the courts of this 12 State, and shall have passed such examination as the Supreme Court may pre- 13 scribe: Provided, however, that not more than three years' study of the law 14 as aforesaid need be required in the case of any applicant for a license who 15 shall have jgraduated, with a bachelor's degree, or any equivalent degree, from 16 the academic department of any college or university in the United States, or 17 any foreign countl-y, substantially equal in standing to the University of Illinois. Sec. 102. Oath. J Every person admitted to practice as an attorney at 2 law shall, before his name is entered upon the roll to be kept as hereinafter 3 provided, take and subscribe an oath substantially in the following form: 4 I do solemnly swear (or affirm, as the case may be,) that I will support 5 the constitution of the United States arid the constitution of the State of Uli- 57 6 nois, and ihat I will faithfully discharge the duties of the office of attorney at 7 law to the best of my ability. Sec. 103. EoLL OF attorneys. J It shall be the duty of the clerk of the 2 Supreme Court to make and keep a roll or record, stating at the head thereof 3 that the persons whose names are therein written have been regularly licensed 4 and admitted to practice as attorneys at law within this State, and that they 5 have duly taken the oath of office as prescribed by law, which shall be certified 6 and endorsed on the said license. Sec. 104. Pkevioxtsly licensed attorneys permitted to practice.] All per- 2 sons heretofore regularly admitted and licensed to practice as attorneys and 3 counselors at law in this State who may be still living and whose names have 4 not been stricken from the roll of attorneys and counselors at law shall con- 5 tinue, subject to the provisions of this Act, to be permitted to practice as 6 attorneys at law. Sec. 105. Striking name from roll— suspension.] The name of any attor- 2 ney at law may be stricken from the roll for malconduct in his office by pro- 3 ceedings by information in the Supreme Court instituted and conducted for 4 that purpose by the Attorney General, or by any State's attorney, or by any 5 attorneys' association provided for by this Act, in accordance with such rules 6 as may be prescribed therefor by the supreme court, and any circuit court or 7 the superior court of Cook county shall, for like cause, have power to suspend 8 any attorney at law from practice in such circuit court or superior court of 9 Cook county, as the case may be, during such time as such court may deem 10 proper, subject to the right of such attorney at law to apply to the supreme 11 court to review such order, such review to be made in accordance with such rules 12 as may be prescribed therefor by the supreme court. 58 Sec. 106. Notice of proceedings to be given— result of striking from 2 ROLL.] Every attorney at law, before his name is- stricken off the roll, shall 3 receive, such notice of the proceedings against him as the supreme court may, 4 by rule, prescribe, and he shall, after such notice, be heard in his defense and 5 allowed a reasonable timte to collect and prepare testimony for his justification, 6 and every attorney at law whose name shall at any time be stricken from the 7 roll by order of the court in the manner aforesaid shall be considered as 8 though his name had never been written thereon, until such time as the said 9 court shall authorize him to sign or subscribe the same. Sec. 107. Controversies between attorney and client— power of court.] 2 Whenever any attorney at law shall have in his possession any documents, 3 papers, money or property of any kind which he shall have obtained by virtue 4 and by means of the relation of attoney at law and client theretofore existing 5 between him and any person and shall refuse to deliver or pay over the same 6 to such person after demand in writing made therefor, such person may apply 7 to the circuit court of the county in which such attorney resides or maintains 8 a place of business, or, if such attorney at law resides or maintains a place of , 9 business in Cook county, such application may also be made to the superior 10 court of Cook county, for an order requiring such attorney at law to deliver 11 or pay over to such person such documents, papers, money or other property, 12 and such court shall have full power, upon such application being made, to inquire 13 in a summary manner into any controversy which may exist between such per- 14 son and such attorney at law respecting such documents, papers, money or 15 other property and to make such order in respect thereto as equity and justice 16 may require ; and if, upon such application, it shall appear that such attorney 17 at law is entitled to retain such documents, papers, money or other property, 18 in whole or in part, as compensation for his services or expenditures made on 19 behalf of, or other advances made to or on account of, such person, the court 20 may fix the amount of such compensation, expenditures and advances and may 59 21 require the payment of the same by such person as a condition to the delivery 22 or paying over of such documents, papers, money or other property If upon 23 any such application, it shall appear that such attorney at law has made a 24 manifestly unjust and exorbitant demand upon such person for compensation 25 or reimbursement for expeditures or advances as a condition to the delivery or 26 paying over of such documents, papers, money or other property, or has other- 27 wise acted unjustly and vexatiously, the court may require such attorney at law 2S to reimburse such person for the reasonable costs and expenses, including at- 29 torneys' fees, of such application. The method of procedure upon any such 30 application may be substantially the same as in an action in equity, excepting 31 that such application shall take precedence over the ordinary business of the 32 court and shall be determined speedily and without formality. Any order made 33 upon such application may be enforced in the same manner as a decree in equity 34 and shall be subject to review by the Supreme Court upon appeal or writ 35 of error in the same manner and to the same extent as a decree in equity. Sec. 108. Failure of attorney to pat clerk, sheriff, master or cottrt 2 stenographer— PROCEDURE.] Whenever any attorney at law shall fail to pay 3 to any clerk, sheriff, master, in chancery or other officer of court, or to any 4 court stenographer, for services rendered by such officer or court stenoigrapher 5 at the request of such attorney at law, the fees which are specified! by this 6 Act for such services and which such officer is required to collect and account 7 for, such officer or court stenographer to whom such fees are payable may, upon 8 reasonable notice in writing to such attorney at law, apply to the circuit court 9 of the county in which such attorney at law resides or maintains an office for 10 the transaction of business, and obtain a rule upon such attorney at law for the 11 payment of such fees, and upon non-compliance with such rule such attorney 12 at law may be punished as for a contempt of court, or may be suspended by 13 such court from practice as an attorney at law in the courts of this State until 14 such fees are paid. 60 Sec. 109. Attorneys, etc., liable to arrest when.] All attorneys at law, 2 judges, clerks and sheriffs and all other officers of the several courts within 3 this State shall be liable to be arrested and held to bail and shall be subject to 4 the same legal process, and may be prosecuted in all respects and proceeded 5. against in the same courts and in the same manner, as other persons are, any 6. law, usage or custom to the contrary notwithstanding: Provided, nevertheless, 7 that said judges or attorneys, clerks, sheriffs and other officers of said courts 8 shall be privileged from arrest while attending court and whilst going to and 9 returning from court. Sec. 110. Parties may prosecute or defend in person.] Plaintiffs shall 2 have the liberty of prosecuting and defendants of defending in their own proper 3 persons. Sec. 111. Attorneys of other states.] "When any attorney at law resid- 2 ing in any other state or territory may desire to practice law in this State, such 3 attorney at law shall be allowed to practice in the several courts of this State 4 upon the same terms and in the same manner that attorneys at law residing in 5 this State now or hereafter may be admitted to practice law in such other state 6 or territory. Sec. 112. When judges and other officers may not practice.] No person 2 who holds a commission as a justice of the Supreme Court of the State of Uli- 3 nois, or as a judge of any circuit court or of the superior court of Cook county, 4 shall be permitted to practice, directly or indirectly, as an attorney at law 5 in any court in this State, nor shall any judge of any city court, county court 6 or probate court be permitted to practice in the court of which he is commis- 7 sioned or appointed judge; and it shall be unlawful for any county judgfe, pro- 8 bate judge, county' clerk, probate clerk, deputy county clerk or dep- 9 uty probate clerk, to make accounts current or reports for any 10 executor, administrator, guardian or conservator upon which said court 61 11 shall have to act judicially; nor shall any coroner, sheriff or 12 deputy sheriff be permitted to practice as aforesaid in the county in which he 13 is commissioned or appointed ; nor shall any clerk or deputy clerk of a court of 14 record be permitted to practice as an attorney at law in the court of which 15 he is such clerk or deputy clerk, and no person shall be permitted or suffered 16 to enter his name on the roll or record to be kept aforesaid by the clerk of 17 the Supreme Court, or do any official act appertaining to the office of an attor- 18 ney at law, until he has taken the oath hereinbefore required, and the person 19 administering such oath shall certify the same on the license, which certificate 21 shall be a sufficient voucher to the clerk of the Supreme Court to enter or in- 20 sert, or permit to be entered or inserted, on the roll of attorneys at law, the 22 name of the person of whom such certificate is made. Sec. 113. Lien upon documents and papebs.] Every attorney at law shall 2 have a lien upon all documents, papers, money or other property in his pos- 3 session belonging to his client for all sums which may be due him from his 4 client on account of services rendered or expenditures made as an attorney at 5 law for and on behalf of such client. Sec. 114. Lien upon judgments and deceees.J Every attorney at law 2 shall have a lien upon every judgment or decree for money obtained by him for 3 his client to the extent of whatever may be due him from his client on account 4 of services rendered or expenses incurred in and about the procuring of such 5 judgment or decree. Sec. 115. Lien upon cause of action.] Every attorney at law employed 2 to prosecute any action at law or in equity, and who, in pursuance of such 3 employment, shall have instituted and prosecuted such action in good faith 4 and with due diligence, shall have a lien upon the cause of action therein to 5 the extent of a reasonable compensation for the services rendered by him, and 6 no settlement of such cause of action between the parties thereto, made with- 62 7 out the consent of such attorney, shall be valid as against such a-ttorney, nor 8 shall the action be dismissed in pursuance' of any such settlement, or other 9 attorneys be substituted for him, against his objection, exceptinjg upon the pay- 10 ment to him of such compensation, or such other provision being made therefor, 11 as the court in which such action has been brought shall, under all the oircum 12 stances of the case, taking into account the services rendered by such attorney, 13 the nature of the action and the amount obtained by the client by the settlement, 14 if any settlement be made, deem reasonable and just; and the court shall have 15 full power and authority, by any appropriate process or proceeding in any 16 such case, to protect such attorney a t law, so far as may be practicable, against 17 the loss of such just and reasonable compensation for his services, and to that 18 end, in case the defendant shall have paid or delivered to the plaintiff any 19 money or property in settlement of such cause of action, the court may, in its 20 discretion, require such defendant to pay the reasonable compensation of the 21 plaintiff's attorney for services rendered by him in such action. The appear- 22 ance of any attorney as the attorney of record of a party to the action shall be 23 notice to the opposite party of the lien provided for in this section. Sec. 116. Employment of attorney presumed to continue.] Every attor- 2 ney at law, who shall appeal as attorney of record of either party to any action 3 at the time of the entry of any final order, judgment or decree of the court of 4 original jurisdiction, shall be presumed to continue to represent such, party in 5 respect to all proceedings pertaining thereto, including the prosecution or de- 6 fense of an appeal or writ of error to review the same, until expressly dis- 7 charged from further service by such party, and, until such discharge, he shall 8 have authority to take all steps which he may deem proper and necessary to 9 secure to such party the benefit of any such order, judgment or decree in favor 10 of such party, either by collecting the same by execution, supplementary pro- 11 ceedings, creditor's action in equity or otherwise, if the same be an order, 12 judgment or decree for the payment of money, or by enforcing the same by 63 13 other appropriate proceedings, if the same be an order, judgment or decree 14 other than one for the payment of money. Sec. 117. ATTORisrEYs' associations to be organized.] T!here shall be or- 2 ganized in each judicial circuit of this State an association to be known by the 3 name and style of "The Attorneys' Association of the Circuit," or 4 "The Attorneys' Association of Cook County, " as the case may be, which shall 5 consist of all of the attorneys at law from time to time resident in such judi- 6 cial circuit and authorized to practice in the courts of this State, and which 7 stall have power, in its name as such association, to institute and conduct ia 8 any court of this State any action or proceeding authorized by this Act, and 9 such other powers as may be hereinafter specified. Sec. 118. President and trustees — how elected — date of election.] The 2 management of the affairs of every such association, subject to the restrictions 3 hereinafter contained, shall be entrusted to a president and four trustees in each 4 circuit in which there reside not to exceed five hundred attorneys at law 5 authorized to practice in the courts of this State and to a president and four- 6 teen trustees in each circuit in which there reside over five hundred attorneys 7 at law authorized to practice in the courts of this State. The election of 8 such president and trustees shall be by ballot, to be enclosed in a sealed envel- 9 ope, which, in turn, shall be enclosed in a larger envelope with a slip contain- 10 ing the name of the attorney at law casting the same, such larger envelope, 11 with the enclosures therein, to be mailed to the proper officer and all the ballots 12 cast to be canvassed and the result of such canvass announced as hereinafter 13 provided. Such election shall occur on the first Tuesday of June in each 14 year, and the canvass of -the result thereof shall be commenced at two o'clock 15 p. m. on such day and shall include all ballots received by mail by the proper 16 oflScer prior to the commencement of such canvass. 64 Sec. 119. Circuit clerk to conduct election.] Every such election in a 2 circuit composed of more than one county shall be held and conducted under 3 the direction of the clerk of the circuit court of the county of such circuit hav- 4 ing the largest poulation, and when any circuit consists of but one county 5 such election shall be held and conducted under the direction of the clerk of the 6 circuit court of such county. Sec. 120. Nominations for president^ etc. — how made — form of petition.] 2 Nominations for the position of president and trustees in any circuit may be 3 made by petition or petitions signed by a number of attorneys at law equal to 4 or in excess of two per cent of the number of attorneys at law resident in the 5 circuit and authorized to practice in the courts of this State, which petition 6 or 'petitions shall be filed in the office of the clerk of the circuit court under 7 whose direction and control such election is to be held at least thirty days prior 8 to the date of the election for which such nominations are made. Such petition 9 shall be verified by affidavit of the genuineness of the signatures thereto and 10 such petition and affidavit may be in substantially the following form: 11 Petition of Nomination. 12 We, the undersigned, attorneys at law, resident in the judicial 13 circuit of Illinois (or, in Cook county, Illinois, as the case may be,) and author- 14 ized to practice in the courts of this State, do hereby nominate 15 as a candidate for president (or trustee, as the case may be,) of the Attorneys' 16 Association of said circuit (or said county of Cook, as the case may be,) at 17 the election to be held on the first Tuesday of June, 19. . . 18 NAME. p. O. ADDRESS. 19 1 20 2 21 3 22 4 23 65 AFFIDAVIT. 24 I, , . do hereby on my oath say that I am upwards of 25 the age of twenty-one years, that I reside in county, Illinois, 26 and that the above signatures are genuine. 27 Subscribed and sworn to before me this day of 19. . 28 29 Notary Public. Sec. 121. Ballots, etc., to be mailed by clekk.] At the expiration of the 2 time provided for the filing of said petition said clerk of the circuit court shall 3 cause to be printed a ballot upon a slip of paper containing, first, a list in 4 alphabetical order of the names of the attorneys at law nominated by a suffi- 5 cient number of petitioners for the position of president, and second, a list in 6 alphabetical order of the names of the attorneys at law nominated by a suffi- 7 cient number of petitioners for the offices of trustees, with a printed square 8 before each name for the marking of the ballot, and the clerk shall cause to 9 be mailed to each attorney at law resident in such circuit and authorized to 10 practice in the courts of this State, (a) one of said printed ballots, (b) an envel- 11 ope for the inclosing and sealing up -of the ballot, on which envelope there 12 shall be printed the word "Ballot," (c) a slip for the writing by the attorney 13 voting of his name and postoffice address, and (d) a larger envelope, with the 14 name and postoffice address of the clerk of the circuit court, and stamped with 15 the proper stamp for postage, in which envelope the attorney casting the ballot 16 may inclose such ballot and slip containing his name and postoffice address and 17 mail the same. Sec. 122. Marking ballots.] The choice of each attorney at law of a can- 2 didate for president or trustee shall be indicated by a cross marked in the 3 square opposite the name of the person intended to be voted for. Every por- 4 son voting shall be required to vote for one person for the position of presi- 5 dent and for as many persons for the positions of trustees as there are trus- 66 6 tees to be elected, and, when any person voting fails to vote for any candidate 7 for president, or votes for a less or greater number of candidates for trustees 8 than there are trustees to be elected, such vote shall be a nullity and shall not 9 be counted. No person shall be voted for who shall not have been nominated 10 and whose name is not on such printed ballot. Sec. 123. Ballots received by cleek— canvass oe votes.] All ballots re- 2 ceived by the clerk shall be safely kept by him without opening the same until 3 the time fixed herein for the canvass iujg of the result of the election, at which 4 time said clerk ghall call to his aid two attorneys at law resident in his circuit 5 and authorized to practice in the courts of this State, and thereupon the said 6 clerk and said attorneys at law shall open the said ballots and canvass the 7 votes and declare in writing the result thereof, after rejecting all ballots not in 8 compliance with the provisions of this Act, specifying, (a) the total number of 9 votes cast, (b) the total number of votes cast for each candidate for the posi- 10 tion of president, (c) the total number of votes cast for each candidate for 11 the positions of trustees, and (d) the names of the candidates receiving the 12 highest number of votes for each ofece. The person receiving the highest num- 13 ber.of votes for the position of president shall be declared elected president and 14 the four or fourteen, as the case may be, persons receiving the highest number 15 of votes for the position of trustees shall be declared elected trustees. In case 16 two or more persons among those receiving the highest number of votes afore- 17 said shall receive an equal number of votes the clerk and the attorneys can- 18 vassing the votes shall, when such course may be necessary, determine the 19 election as to such persons by lot. The persons elected to the positions of presi- 20 dent and trustees shall enter upon the discharge of their duties as such offi- 21 cers on the first Monday of July after such election. Sec. 124. Vacancy in office of pbesidbnt ob teustee— how pilled.] 2 Whenever any vacancy shall occur in the office of president such vacancy shall 67 3 be filled until the sncceeding election by the trustees, and when any vacancy 4 shall occur in the position of trustee such vacancy shall be filled until the next 5 election by the president and the remaining trustees. Sec. 125. Pbesident and trustees to be fuenished suitable booms.J The 2 president and trustees of every attorneys' association shall be furnished suit- 3 able rooms for the holding of meetin^^s and the transaction of business, such 4 rooms to be in the county court house of the proper county, when practicable. Sec. 126. Peoceeding to disbar attorney — how conducted — costs.] The 2 attorneys' association of any circuit may, whenever its president and trustees 3 may deem it expedient, institute in the supreme court a proceeding against any 4 attorney at law resident in this State, and authorized to practice in the courts 5 thereof, for the purpose of causing the name of such attorney to be stricken 6 from the roll of attorneys at law of this State. Such action or proceeding shall 7 be ins.tituted and prosecuted in accordance with such rules as niay be prescribed 8 therefor by the supreme court. No costs of any kind or character shall be de- 9 manded or received by any officer in advance in any such proceeding, but in any 10 case in which the court shall order the name of any defendant to be stricken 11 from the roll of attorneys -at law the court may also, in its discretion, direct 12 that the defendant pay to the clerk of the circuit court of. the county in which 13 the defendant resided at the time of the institution of such proceeding the sum 14 of fifteen (15) cents for each one hundred words of the master's or court sten- 15 ographer's report of the evidence, and also the sum of twenty-five dollars 16 ($25) to the clerk of the supreme court as his costs. Sec. 127. Duty of president and trustees.] It shall be the duty of the 2 president and trustees of each attorneys' association, from time to time, as in 3 their judgment may be expedient, to examine into the conduct of the business of 4 the offices of masters in chancery, clerks of courts of record, sheriffs, pubhc ad- 68 5 ministrators and official receivers, and into the management of the business of 6 the stenographic and typewriting departments, of their respective circuits, or 7 of Cook county, as the case may be, and to su,ggest to the judges of the respective 8 courts such changes with respect thereto as said president and trustees may 9 deem expedient and to that end they shall lae accorded by such masters in chan- 10 eery, clerks, sheriffs, public administrators, official receivers, and employes of 11 stenographic and typewriting departments al! necessary or proper facilities for 12 making such examinations. Sec. 128. Complaints by attorneys' association— how presented and how 2 HEARD— APPEAL TO SUPREME COURT— POWER OP SUPREME COURT.] The attorneys' 3 association of any circuit, through its president and trustees, shall have power 4 to present to any court of record of any county of such circuit or to any court 5 of record of Cook county, as the case may be, a complaint touching any matter 6 which may concern the proper administration of justice in such court or the 7 proper management of the business thereof. Such complaint shall be in writing 8 and shall be addressed to the court to which the complaint is made and shall 9 be filed with the clerk thereof, who shall bring the same forthwith to the atten- 10 tion of the presiding judge of such court or, in case such court shall have a 11 business manager or chief justice, to the attention of the business manager or 12 chief justice tliereof, or, in case suchcourt shall not have a business manager 13 or chief justice but shall consist of several judges, to the attention of such judge 14 as may be presiding in such court, or in case there are several branches of said 15 court being held at the same time, to the attention of the judge of such court 16 senior in age, whose duty it shall be to cause the same to be heard either by a 17 single judge, if the matter of complaint be one within the power of a single 18 judge to remedy, or by all of the judges, if the action of a majority of the judges 19 of such court be necessary for such remedy. Such complaint shall thereupon be 20 heard and disposed of in such manner as the judge or judges who may hear the 69 21 same shall deem best for the proper administration of justice in such court or 22 the proper management of the business thereof, and such judge or judges shall 23 cause an order to be entered upon the records of the court showing the disposi- 24 tion made of such complaint. Whenever the president and trustees of any 25 attorneys' association shall be dissatisfied with any order so made, they shall 26 cause to be filed with the clerk of the court in which such order is made, within 27 thirty (30) days thereafter, a notice of appeal to the supreme court. Upon 28 the filing of such notice the clerk shall cause to be transmitted to the clerk of the 29 supreme court the complaint so filed, and a certified copy of the orders entered 30 thereon, together with a report of the proceedings to be signed by the judge 31 or judges before whom the complaint has been heard containing the evidence 32 heard by such judge or judges and all facts within their knowledge bearing 33 upon such complaint. The clerk of the supreme court shall receive and file such 34 papers and thereupon it shall be the duty of the supreme court to consider the 35 same and make such order in the premises as justice may require, and the su- 36 preme court shall have full power and authority to make all orders which the 37 court may deem necessary to remedy all abuses in the administration of justice 38 which may appear upon the hearing of any such appeal or which may be other- 39 wise brought to the attention of the judges of said court. Sec. 129. Vote of attorneys may nullify ktjle.J Whenever any rule or 2 rules shall hereafter be adopted by the judges of the circuit court of any cir- 3 cuit, or by the judges of the superior court of Cook county, and a number of 4 attorneys at law authorized to practice in the courts of this State and resident 5 in such circuit or in the county of Cook, as the case may be, equal to or exceed- 6 ing ten per cent thereof, shall petition in writing the president and trustees of 7 the attorneys' association of such circuit, or of Cook county, as the case may 8 be, for the holding of an election for the purpose of voting upon the proposi- 9 tion "v^rhether the rule or rules so adopted shall or shall not be rescinded, said 70 10 president and trustees shall fix a date for such election and shall notify the 11 clerk of the proper circuit court thereof, and thereupon such clerk shall cause the 12 proper ballots to be printed^ and such ballots, slips and envelopes to be mailed 13 to the persons entitled, to vote at such election. The method of voting at such 14 election and of canvassing the vote thereof shall be the same, as near as may be, 15 as hereinbefore prescribed for other elections excepting that the form of the 16 ballot shall be prescribed by the president and trustees who shall also prescribe 17 all other needful regulations, not hereby prescribed, for the holding of such 18 elections. When more than one rule is to be voted upon each rule shall be 19 voted upon separately. Whenever, at any election so held, a majority of the 20 votes cast shall be in favor of the rescinding of such rule or rules the same 21 shall thenceforth be deemed rescinded and shall be no longer in force. But this 22 section shall have no application to any rule which, by the terms of this Act, 32 can only become effiective by the approval of the supreme court. Sec. 130. Persons admitted must pay license fee.J Every person who 2 shall hereafter be admitted and licensed to practice as an attorney at law in this 3 State after the taking effect of this Act shall, before the issuance of his license, 4 pay to the clerk of the supreme court, if such license is issued prior to May 1, 5 , 1912, the sum of fifty dollars ($50) ; if such license is issued on or after May 1, 6 1912, but before May 1, 1913, the sum of seventy-five dollars ($75) ; and if 7 such license is issued on or after May 1, 1913, the sum of one hundred dollars 8 ($100). The money so paid to the clerk shall be by him paid to the State treas- 9 urer who shall keep the same as a part of the special fund to be known as 10 "Attorneys' Fund," to be disposed of as hereinafter provided. Upon the pay- 11 ment of said license fee by any person the clerk of the supreme court shall 12 issue to such person a certificate of such payment and upon the presentation of 13 such certificate to the reporter of the decisions of the supreme court, said re- 14 porter shall cause to be delivered free to such person, all express or other 71 15 charges prepaid, the volumes of the Illinois reports and appellate court re- 1^ ports containing opinions filed subsequent to the taking effect of this Act, and 17 the other books hereinbefore provided for, the publication of which may then be 18 completed, and thereafter such additional books as such person shall, from 19 time, become entitled to upon the payment of his annual license fee as an at- 20 torney at law hereinafter provided for. Sec. 131. Attorneys to pay anntjal license pee — attorney's fund.] Every 2 attorney at law residing in this State shall, on or before the tenth day of Janu- 3 ary, 1912, pay to the clerk of the circuit court of the county in which he 4 resides, or in which he maintains an office for the transaction of business, the 5 sum of ten dollars ($10) as a license fee for the four months succeeding the thirty- 6 first day of December, 1911, and on or before the first day of May, 1912, and on 7 or before the first day of May of each year thereafter he shall pay to said clerk 8 the sum of twenty-five dollars ($25) as a license fee for the year succeeding such 9 first day of May, and any attorney at law who shall be in default of any such 10 payment shall not, during the continuance of such default, be permitted to 11 practice, directly or indirectly, as an attorney at law in any court of record in 12 this State, and any a'ttomey at law who, while in default as to such payment, 13 shall attempt to practice, directly or indirectly, as an attorney at law in any 14 court of record of this State shall be deemed guilty of a criminal contempt of 15 court and shall be punished therefor accordingly: Provided, however, that 16 ' any attorney at law who, at the time of the issuance of his license, shall have 17 made the payment provided for in the preceding section shall be exempted 18 from any payment provided for in this section for any period prior to the first 19 day of the succeeding May. Any attorney at law who shall have neglected to 20 pay his license fee within the time specified therefor in this Act may be per- 21 mitted to pay the same at any time thereafter upon his paying, in addition there- 22 to, a penalty of five dollars ($5). Of said sum of ten dollars ($10) so received 72 23 from eaoh attorney at law for the four months succeeding the thirty-first day 24 of December, 1911, and of said sum of twenty-five dollars ($25) so received 25 from each attorney at law for each year succeeding the first day of May of 26 each subsequent year, such clerk shall retain five dollars ($5), together with 27 any sum collected as penalty as above provided, to be applied as hereinafter 28 provided in such manner as may be determined by the judges of the circuit 29 court of such county, and he shall keep an accurate account of the disposition 30 made of the same. The remaining portion of each license fee shall be trans- 31 mitted by such clerk to the State treasurer, who shall keep the same as a part 32 of the attorneys' fund hereinbefore mentioned, to be disposed of in accord- 33 ance with the provisions of this Act. Sec. 132. Printing and DisTKiBLrTioN or usts of agctoeneys authorized to 2 practice.] In the month of May of each year the clerk of the circuit court of 3 each county shall cause to be prepared and distributed a list, in alphabetical 4 order, of -the names of all attorneys at law resident in his county and who shall 5 have made the payments hereinbefore provided for and who shall be then au- 6 thorized to practice in the courts of this State, giving the office addresses, tele- 7 phone exchanges and telephone numbers of such attorneys, and also a list of 8 judges of courts of record and all other oflficers of the court, including depu- 9 ties, in such county, and such other information as may appear to be needful, 10 and shall distribute the same, delivered free of all charges, as follows : 11 First — One copy to each judge of a court of record in each countv. 12 Second — One copy to each clerk of a court of record in this State. 13 Third — One copy to each deputy clerk of a court of record in such county. 14 Fourth — One copy to each sheriff of this State. 15 Fifth — One copy to each judge of the supreme court of this State. 16 Sixth — One copy to each attorney at law authorized to practice in the courts 17 of this State and resident, or having an office, in such county. 73. Sec. 133. Attorneys' fund deposited with state tbeasubeb — how expend- 2 ED.] The moneys constituting the attorneys' fund hereinbefore provided for 3 shall be expended under the direction of the chief justice of the supreme court 4 and the Attorney General for the purpose of preparing, printing, publishing and 5 distributing the books in the preceding sections of this Act provided to be pre- G pared, printed, published and distributed, and for such other purposes as may 7 be specified in this Act or as may be provided, from time to time, by law, and 8 the same shall be paid out by the State Treasurer upon warrants drawn by the 9 reporter of the decisions of the supreme court and countersigned by the chief 10 justice of the supreme court or the Attorney Greneral. For the purpose of ex- 1 1 pediting the preparation, publication and distribution of the books above men- 12 tioned, the reporter of the supreme court may, with the approval of the chief 13 justice of the supreme court and the Attorney General, incur liabilities in ad- 14 vance of the collection of the license fees necessary to meet the same, such liabil- 15 ities to be paid out of such license fees from time to time as thereafter collected. Sec. 134. Moneys retained by cleek of circuit court— how applied.] The 2 moneys retained by the clerk of the circuit court of each county as aforesaid 3 shall be applied by the judges of the circuit court, so far as the same may ex- 4 tend, or so far as may be necessary, to the payment of the following expenses : 5 Firsi— Attorneys' association expenses.] All expenses connected with the « 6 origanization of the attorneys ' association hereinbefore provided for and the car- 7 rying on of the work of such association, such expenses to be audited under the 8 direction of the judges and the expenses in each circuit consisting of more than 9 one county to be apportioned among the several counties in proportion to the 10 number of* attorneys at law authorized to practice in the courts of this State 11 and resident in the respective counties of such circuit. 12 /S'ecoOT^Z— Stenographic and type-writing department.] The expenses of 13 the stenographic and type-writing department, such expenses to be ascertained 74 14 and apportioned in tlie same manner as the expenses provided for in Clause 15 First of this section. 16 Third— BijAnks.] The expenses of procuring and distributing the blanks 17 required by this Act to be procured and distributed by the clerks of courts of 18 record. Sec. 135. SuPBEME COURT MAY BEDucE LICENSE EEE WHEN.] "Whenever the 2 amount of money on deposit with the State Treasurer and constituting the at- 3 torneys' fund hereinbefore provided for shall appear to the supreme court to 4 be morie than sufficient for the purposes to which such attorneys' fund is re- 5 quired by this Act to be applied, and the court shall be of opinion that a 6 smaller license fee will produce ample funds for such purposes, the court may, 7' by an order entered of record, reduce such license fee to such sum as, in the 8 opinion of the court, will produce funds ample for the purposes aforesaid, and 9 such reduction shall be applied upon the twenty dollars ($20) of each license 10 fee required by this Act to be transmitted by the clerk of the circuit court to the 11 State Treasurer. DIVISION IX. THE DIFFERENT KINDS OP ACTIONS AND PROCEEDINGS IN COURTS OP RECORD. Section 136. Actions — division and classification — how classification expressed on record. Section 137. Actions — criminal, quasi criminal and civil — definitions. Sec. 136. Actions — division and classification— how classification ex- 2 PRESSED ON RECORD.] Actious and proceedings in courts of record of original jur- 3 isdiction shall be divided into the following general divisions: 75 4 First — Actions foe money.] Actions at law for the recovery of money only, 5 which shall include all actions at law on contracts, all actions at law for torts in 6 which the plaintiff seeks the recovery of money only, and all quasi criminal ac- 7 tions, which actions, for convenience in keeping the records of the several courts 8 of original jurisdiction, shall be classified as follows : 9 a— GoNTEACT.J Contract actions, which shall include all actions at law on 10 contracts, express or implied, for the recovery of money only, and not otherwise 11 classified in this section, which classification shall he expressed upon the record 1 2 by the word ' ' Contkact. ' ' 13 &— ToBT.J Tort actions, which shall include all actions at law for the re- 14 covery of damages only for torts, which classification shall be expressed upon 15 the record by the word " Tort. " 16 c— Attachment.] Attachment actions, which shall include all actions 17 brought in pursuance of the provisions of law permitting the attachment of 18 property, which classification shall be expressed upon the record by the words, 19 "Attachment," or "Attachment op Wateb Craft," as the case may be. 20 (i— Distress for rent.] Distress for rent actions, which shall include all 21 actions brought by landlords against their tenants for rent and which are com- 22 menced by the levying of distress warrants, which classification shall be expressed 23 upon the record by the words "Distress foe rent." 24 e— Quasi criminal.] Quasi criminal actions, which shall include all actions 25 for the recovery of fines or penalties for the violation of ordinances of muni- 26 cipal corporations, all qui tam actions and all other actions brought to recover 27 fines or penalties accruing to the Stale, or any county, village, incorporated 28 town or towns not incorporated, or to any individual, for the recovery of which 29 * an indictment or information will not lie, which classification shall be ex- 30 pressed upon the record by the words, "Quasi Criminal." 31 ■ /—Confession.] Confessions of judgments for money, which classification 32 shall be expressed upon the record by the word "Conpessiobt." 76 33 5*— Recognizance. Becoignizance actions, which shall include all actions 34 brought on recognizances, which classification shall be expressed upon the record 35 by the word "Recognizance." 36 7i— Revival of judgment.] Revival of judgment actions, which shall in- 37 elude all actions brought to revive judgments, which classification shall be ex- 38 pressed upon the record by the words" Revival of Judgment." 39 (S'eco»(^— Actions eor personal property.] Actions at law for the recovery 40 of personal property, which actions, for convenience in keeping the records of 41 the several courts of original jurisdiction, shall be classified as follows: 42 a— Replevin.] Replevin actions, which shall include all actions of replevin, 43 which classification shall be expressed upon the record by tihe word "Replevin." 44 &.— Trial right op property.] Trial of the right of property actions, which 45 shall include all statutory proceedings, other than actions of replevin, for the 46 trial of the right of property levied upon under executions, writs of attachment 47 or tax warrants, which classification shall be expressed upon the record by the 48 words "Trial right oe property." 49 T/iircZ— Actions for real property.] Actions at law for the recovery of real 50 property, which, for convenience in keeping the records of the several courts of 51 original jurisdiction, shall be classified as follows : 52 a:— Ejectment.] Ejectment actions, which shall include all actions of eject- 53 ment, which classification shall be expressed upon the record by the word 54 "Ejectment." 55 &— Forcible detainer.] Forcible detainer actions, which shall include all 56 actions of forcible detainer or forcible entry and detainer, which classification 57 shall be expressed upon the record by the words "Forcible Detainer." 58 Fourth— Sp:ecial, actions.] Special actions not included in the preceding ©r 59 subsequent clauses of this section, which, for convenience in keeping the records 60 of the several courts of original jurisdiction, shall be classified as follows: 61 a— Maitdamus.] Mandamus actions, which shall include all actions of man- 62 damus, which classification shall be expressed upon the record by the word 63 ' ' Mandamus. ' ' 64 6— Quo WAERANTC] Quo warranto actions, which shall include all actions 65 of quo warranto, which classification shall be expressed upon the record by the 66 words "Quo Warranto." 67 c— Habeas Corpus.] Habeas corpus actions, which shall include all actions 68 of habeas corpus, which classification shall be expressed upon the record by the 69 words "Habeas Corpus." 70 d — Certiorari.] Certiorari actions, which shall include all actions of certi- 71 orari, which classification shall be expressed upon the record by the word "Cer- 72 TIORARI. ' ' 73 e— Eminent domain.] Eminent domain actions, which shall include all ac- 74 tions for the exercise of the right of eminent domain, which classification shall 75 be expressed upon the record by the words "Eminent Domain." 76 Fifth— ^QiviTY.] Actions in equity, which shall include all actions in equity 77 as defined in section one hundred forty (140) of this Act, the classification of 78 which shall be expressed upon the record by the words "In Equity." 79 Sixth — Bastardy.] Actions of bastardy, which shall include all prosecutions 80 for bastardy, the classification of which shall be expressed upon the record by 81 the word ' ' Bastardy. ' ' 82 Seventh— T-ROBATE matters.] Probate matters, which shall include all ac- 83 .tions and proceedings embraced within the jurisdiction of probate courts, which 84 actions and proceedings, for convenience in keeping the records of probate courts 85 and county courts, shall be classified as follows : 86 a— Administration.] Proceedings pertaining to the administration of estates 87 of deceased persons, which classification shall be expressed upon the record by 88 the word "Administration." 78 89 &— Guardianship.] Proceedings pertaining to guardians of minors, which 90 classification shall be expressed upon the record by the word "Guahdianship." 91 c— Conseevatoeship.J Proceedings pertaining to conservators, which classi- 92 fication shall be expressed upon the record by the word "Conseevatoeship." 93 (?— Apprenticeship.] Proceedings pertaining to apprentices, which clasrfifi- 94 cation shall be expressed upon the record by the word "Apprenticeship." 95 e — Sales of eeai, estate.] Proceedings for the sale of real estate of deceased 96 persons for the payment of debts, which classification shall be expressed upoh 97 the record by the words "Saxe of Real Estate to pay Debts." 98 Eighth— Api?sALS, etc., from justices.] Appeals from and writs of certiorari 99 to justices of the peace, the classification of which shall be expressed upon the 100 record by the words and abbreviations "Appeal from J. P." or "Cebtiobabi to 101 J. P.," as the case may be. 102 Ninth— Fno-BATE appeals.] Appeals from orders of county courts and pro- 103 bate courts allowing or disallowing any wills to probate, the classification of 104 which shall be expressed upon the record by the words "Probate Appeal." 105 Tewi/i.— Supplementary proceedings.] Supplementary proceedings, which 106 shall include all proceedings by citation hereinafter provided for the collection of 107 judgments and decrees for the payment of money, the classification of which 108 shall be expressed upon the record by the words "Supplementary Peo- 109 ceeding." 110 Eleventh— Tax proceeding.] Tax proceedings, which shall include all spe- 111 cial proceedings, other than actions at law, for the collection of taxes, the classi- 112 fication of which shall be expressed upon the record by the words "Tax 113 Proceeding." 114 Tid'elfthSF'EGiAij assessments.] Special assessment proceedings, which 115 shall include all special proceedings for the collection of 'special assessments, the 116 classification of which shall be expressed upon the record by the words "Special 117 Assessment," 79 118 Thirteenth~Go:sTE^PTS.] Actions of contempt, which shall include all ac- 119 tions for civil contempt of court, the classification of which shall be expressed 120 upon the record by the word "Contempt/' 121 Fourteenth— Ckiminaij ACTioisrs.] Criminal actions, which shall include all 122 actions which are prosecuted by indictment or criminal information or criminal 123 complaint, and actions for criminal contempt of court, the classification of which 124 shall be expressed upon the record by the word " Ceimikal. " 125 Fifteenth— Peaci: pboceedings.] Peace proceedings, which shall include all 126 proceedings for the prevention of the commission of crimes, the classification of 127 which shall be expressed upon the record by the words "Peace Proceeding." 128 Sixteenth— 'Examination peoceeditstgs.J Examination proceedings, which 129 shall include all proceedings for the arrest, examination, commitment and bail of 130 persons charged with criminal offenses, the classification of which shall be ex- 131 pressed upon the record by the word "Examination." 132 Seventeenth— Bbargs waekant proceedings.] Search warrant proceedings, 133 which shall include all proceedings pertaining to searches and seizures of per- 134 sonal property by means of search warrants, the classification of which shall be 135 expressed upon the record by the words "Search Warrant." 136 Eighteenth— Insanity proceedings.] Insanity proceedings, which shall in- 137 elude all proceedings for the committment and detention of lunatics, the classifi- 138 cation of which shall be expressed upon the record by the word "Insane." 139 . Nineteenth— 8F:EGiAh proceedings.] Special proceedings, which shall include 140 all proceedings not embraced in those hereinbefore designated, the classification 141 of which shall be expressed upon the record by the words "Special, Pboceed- 142 iNG," or by such other words as will sufficiently indicate the nature thereof. Sec. 137. Actions — criminal, quasi criminal and civil — definitions.] Ac- 2 tions and proceedings shall also be known as criminal, quasi criminal and civil. 3 Criminal actions and proceedings are those prosecuted by and in the name of the 4 People of the State of Illinois by indictments, criminal informations or crun- 80 5 inal complaints, against persons charged with public offenses for the punish- 6 ment thereof, or which pertain to the prosecution or prevention of such offenses, 7 including criminal contempts of court. Quasi criminal actions shall include all 8 actions for the recovery of fines or penalties for the violation of ordinances of 9 municipal corporations, all qui tam actions and all other actions brought to 10 recover statutory fines or penalties accruing to the State or to any county, city, 11 village, incorporated town, or town not incorporated, or to any individual, and 12 which are prosecuted otherwise than by indictment, information or criminal 13 complaint. Civil actions shall, include all actions not criminal or quasi criminal. DIVISION X. JURISDICTION OP COURTS OVER THE SUBJECT-MATTER OF ACTIONS AND PROCEEDINGS. Section 138. Jurisdiction of county courts. 139. Jurisdiction of probate courts, 140. Original jurisdiction of circuit courts and superior court of Cook county. 141. Appellate jurisdiction of circuit courts and superior court of Cook county. 142. Jurisdiction of criminal court of Cook county. 143. Jurisdiction of city courts. Section 144. Jurisdiction of appellate courts. 145. Jurisdiction of supreme court. 146. Jurisdiction in actions of contempt. 147. When order, judgment or decree not void collaterally. 148. Action not within jurisdiction to be transferred or remanded to proper court. Sec. 138. Jurisdiction of county courts.] County courts shall have iuris- 2 diction in the following cases : 3 First — Probate matters.] All matters of probate, settlement of estates of 4 deceased persons, appointment of guardians and conservators and settlement 5 of their accounts; all matters relating to apprentices, and in cases of the sale 6 of real estate of deceased persons for the payment of debts, all of which shall 7 be known and designated in this Act as probate matters : Provided, however, 8 that county courts in counties in which probate courts are or may hereafter be 81 9 established by law shall not have jurisdiction in any such probate matters. 10 Second — Tax and special assessment pkoceedings.] All proceedings for the 11 collection of taxes and assessments. 12 Third — Appeals, etc., eeom justices.] All appeals from and writs of cer- 13 tiorari to justices of the peace in their respective counties : Provided, hoivever. 14 that the county court of Cook county shall have no jurisdiction of appeals 15 from or writs of certiorari to justices of the peace in criminal or quasi criminal 16 actions, 17 Fourth — Actions foe money.] Every confession of judgment without limit 18 as to the amount of money for which the judgment is confessed, every recogni-^ 19 zance action, without limit as to the amount of .the recognizance, and every other 20 action at law for the recovery of money only, when the amount claimed by the 21 plaintiff, exclusive of costs, does not exceed two thousand five hundred dollars 22 ($2,500), the amount in any action on a penal bond to be detenmned by the 23 amount sought to be recovered as damages for the breach or breaches thereof, and 24 not by the penalty of the bond. 25 Fifth — Eeplevin.] Every action of replevin, when the value of the prop- 26 erty sought to be recovered does not exceed two thousand five hundred dollars 27 ($2,500). 28 Sixth— TmAL of eight of pbopeety.] All actions for the trial of the right of 29 property. 30 Seventh — ^Eminent domain.] All actions of eminent domain. 31 Eighth — Foecible detainer.] All actions of forcible detainer or forcible 32 entry and detainer. 33 Ninth — Bastaedy.] All actions of bastardy. 34 Tenth — Ceiminal actions, peace, examination and seaech waeeant pbocebd- 35 iNGS.] Every criminal action in which the punishment is not imprisonment in the 36 penitentiary or death and all peace proceedings, examination proceedings and 37 search warrant proceedings. 82 38 Eleventh— Consent jueisdiction.J Every action at law or in equity, criminal 39 actions excluded, which all of the parties thereto may consent in writing, shall 40 be heard and finally determined therein: Provided, however, that no such ac- 41 tion shall be so heard and determined when any or either of the parties thereto 42 shall be a minor, or non compos mentis, or otherwise under legal disability to 43 enter into contracts. 44 Twelfth — Supplementary proceedings.] A1] supplementary proceedings 45 for the collection of judgments and decrees for money. 46 Thirteenth — Other actions.] All other actions and proceedings not in- 47 eluded in those above enumerated of which county courts may have jurisdic- 48 tion by any law or laws, other than this Act, in force at the time of the taking 49 effect of this Act and not inconsistent with the provisions hereof. Sec. 139. Jurisdiction of probate courts.] Probate courts shall have original 2 jurisdiction in their respective counties in all probate matters, settlement of 3 estates of deceased persons, appointment of guardians and conservators and set- 4 tlement of their accounts ; in all matters relating to apprentices, and in cases of 5 the sale of real estate of deceased persons for the payment of debts, all of 6 which, as hereinbefore provided, shall be known and designated as probate 7 matters. ' ' Sec. 140. Original jurisdiction op circuit courts and superior court of 2 COOK COUNTY.] Circuit courts and the superior court of Cook county shall have 3 original jurisdiction in the following cases: 4 First— AoTioss for money.] AH actions at law for the recovery of money 5 only. 6 /S'ecowc?— Replevin.] All actions of replevin. 7 Third— IniAij of right of property.] All actions for the trial of the right 8 of property. 9 i^ottri^/i— Eminent domain.] All actions of eminent domain. 83 10 Fifth— FougtbijE detainee.] All actions of forcible detainer and forcible n entry and detainer. 12 Sixth— ^JSGTMBNT.] All actions of ejectment. 13 Seventh— Mandamvs.] All actions of mandamus. 14 Eighth— Qno waeranto.] All actions of quo warranto. 15 Ninth— Habeas corpus.] All actions of habeas corpus. 16 TeOT^/i^— Cektioeaei.] All actions of certiorari. 17 Eleventh— GniM.isAij actions, peace, examination and search warrant pro- 18 ceedings.] All criminal actions and all peace proceedings, examination proceed- 19 ings and search warrant proceedings. 20 Twelfth— 'Eqxjity.] All actions in equity, which shall embrace as well all 21 actions within the ordinary and usual jurisdiction of courts of equity, as here- 22 tofore exercised in this State, as all statutory actions the procedure in which is 33 equitable in form, including all actions for divorce, all actions for separate main- 24 tenance, all actions for the assignment of dower, all actions for partition of 25 real estate, all actions for the contesting of last wills and testaments, all actions 26 to enforce mechanics' or other liens, all actions to inquire into the condition 27 of and determine and establish title to or interest in, or lien upon, real estate in 28 cases of destruction of recards, and all other actions which, by the provisions 29 of this act, may be brought as actions in equity. 30 Thirteenth — Other actions.] All other actions and proceedings not included 31 in those above enumerated of which circuit courts may have jurisdiction by any 32 law or laws, other than this Act, in force at the time of the taking effect of this 33 Act and not inconsistent with the provisions hereof. Sec. 141. Appellate jurisdiction of circuit courts and superior court of 2 cook county.] Circuit courts and the superior court of Cook county shall have 3 appellate jurisdiction in the following cases : 4 y^irs^— Appeals, etc., from justices.] All appeals from and writs of cer- 5 tiorari to justices of the peace: Provided, however, that the circuit court of 84 6 Cook county and the superior court of Cook county shall have no jurisdiction of 7 appeals from or writs of certiorari to justices of the peace in criminal or quasi 8 criminal actions, and that no recognizances in criminal or quasi criminal actions 9 in said county shall be returnable to either of said courts. 10 Second—PnoBAT-E appeals.] All appeals from orders of county and probate 11 courts allowing or disallowing any wills to probate. 12 Third— Sfegial. appeals.] All appeals in special proceedings, not included 13 in those above enumerated, of which circuit courts are given jurisdiction by 14 any law or laws, other than this Act, in force at the time of the taking effect 15 of this Act and not inconsistent with the provisions hereof. Sec. 142. Jurisdiction or criminal court of cook county.] The criminal 2 court of Cook county shall have the jurisdiction of a circuit court in all actions 3 of criminal and quasi criminal nature arising in the county of Cook or that 4 may be brought before such court pursuant to law; and all recognizances and 5 appeals taken in said county in criminal and quasi criminal actions shall be 6 returnable and taken to said court. It shall have no jurisdiction in civil actions 7 except in those on behalf of the people and incident to such criminal or quasi 8 criminal matters and to dispose of unfinished business. Sec. 143. Jurisdiction of city courts.] City courts shall have concurrent 2 jurisdiction with the circuit courts of their respective counties within the re- 3 spective cities in which such city courts may be established in all civil actions 4 and in all criminal and quasi criminal actions arising in said cities respectively, 5 and in appeals from and writs of certiorari to justices of the peace in said 6 cities : Provided, hoivever, that no city court in Cook county shall have juris- 7 diction of appeals from or writs of certiorari to justices of the peace in crim- 8 inal or quasi criminal actions. 85 Sec. 144. Jurisdiction of appellate courts.] The appellate courts in their 2 respective districts shall, excepting as may be otherwise expressly provided in 3 this Act, have the following jurisdiction: 4 First— "Fin aij orders, judgments and decrees.] Jurisdiction of appeals from 5 and writs of error to county courts, probate courts, circuit courts, city courts, 6 the superior court of Cook county and the criminal court of Coqk county, to 7 review the final orders, judgments and decrees of said courts, other than those 8 of which the supreme court is given appellate jurisdiction by clause third of the 9 succeeding section, which appeals to and writs of error from the appellate 10 courts may be prosecuted as a mutter of right. 11 Second — Interlocutory orders.] Jurisdiction of appeals from county courts, 12 probate courts, circuit courts, city courts, the superior court of Coot' coimty 13 and the criminal court of Cook county, to review all interlocutory orders, judg- 14 ments and decrees of said courts, other than those of which the Supreme Court 15 is given appellate jurisdiction by clause fourth of the succeeding section, such 16 appeals to be allowed in the discretion of the courts entering the interlocutory 17 orders, judgments or decrees, or of the Appellate Court, excepting that such 18 appeals may be taken as a matter of right for the purpose of reviewing the 19 following interlocutory orders: 20 o — Injunctions.] Every order granting or refusing to grant an injunc- 21 tion, or dissolving or refusing to dissolve an injunction previously granted, or 22 modifying or changing, or refusing to modify or change, an injunction order 23 previously granted. 24 6— Eecbivers.] Every order appointing or refusing to appoint a receiver, 25 or vacating or refusing to vacate an order appointing a receiver, or modifying 26 or changing, or refusing to modify or change, an order previously granted for 27 the appointment of a receiver. 28 c— Receivership orders op sai.e, etc.] Every order directing the payment 29 of money by any receiver, or a sale or disposition by any receiver of any prop- 86 So erty, Or approving or refusing to approve, in whole or in part, any account of 31 any receiver. 32 !St ceetain poeeign- coepoeations.J Every action at law for 54 the recovery of money only against an incorporated company not incorporated 55 under the laws of this State, other than a railroad company, a bridge company 56 or an insurance company, or against the receiver or receivers of such company 57 or against the trustee or trustees managing the business of such company, may 58 be brought in any county in which the president, vice-president, secretary, treas- 59 urer, cashier, superintendent, general agent or any clerk or other agent of such 60 corporation, or such receiver or receivers, trustee or trustees, or either of them, 61 or any agent of either of them, may be found, or in any county in which such 62 incorporated company, receiver or receivers, trustee or trustees, or either of 63 them, may transact business: Provided, however, that no sucjh action shall be 64 brought against any such company which neither transacts business in this 65 State nor maintains an office therein nor has any property within this State, and 66 no garnishee of which resides or may be found or served with process in this 67 State. 103 68 £?«5^i/i— NoN-BESiDENT co-PAETNKRSHip.J Every action at law for the reoov- 69 ery of money only against a co-partnership, the members of which are all non- 70 residents of this State, may be brought against it by the usual and ordinary 71 name which it has assumed and under which it is doing business in any county 72 in which it has a place or places of doing business. 73 Ninth— 'Repuevis .] Every actionof replevin may be brought in the county 74 in which the goods and chattels or any part of them are, or in which the de- 75 fendant, if there be but one defendant, or one of the defendants, if there be 76 more than one defendant, resides or may be found or served with process. 77 Tenth— Distress FOB. bent. J Every action of distress for rent, other than 78 one against an incorporated company, may be brought in the county in which 79 _ the defendant, if there be but one defendant, or one of the defendants, if there 80 be more than one defendant, residerf, if the defendant, when there is but one de- 81 fendant, or one of the defendants, if there be more than one defendant, is a 82 resident of this State; but in case the defendant, if there be but one defendant, 83 or all of the defendants, if there be more than one defendant, shall be a non- 84 resident or non-residents of this State, or shall have departed this State or on 85 due inquiry cannot be found, the action may be brought in any county in which 86 any property of any such defendant may be levied upon under the distress 87 warrant. Every action of distress fo r rent brought against any incorporated 88 company may 'be brought in the- county in which the premises, or any part 89 thereof, which are the subject of the tenancy, are situated. 90 Eleventh— 'EjEOTM^EtT.] Every action of ejectment, action of forcible de- 91 tainer or action to recover for a trespass upon or other injury to real estate, 92 shall be brought in the county in which the premises sought to be recovered, or 93 for trespass upon which damages are sought to be recovered, is situated. 94 Twelfth— lis equity— injunctions.] Every action in equity shall be com- 95 menced in the county in which the defendant or defendants, or one or more of 96 them, resides, or may be found or served with process, or, if the defendants are 104 97 all non-residents, then in any county ; or, if the action may affect real estate, 98 in the county where the same or some part thereof is situated : Provided, how- 99 ever, that actions for injunctions to stay proceedings at law shall be brought in 100 the county in which the proceedings at law are had and that actions for divorce 101 and actions for separate maintenance shall be brought in the county where the 102 plaintiff resides. 103 Thirteenth— 'Rks^as, corpus.] Every action of habeas corpus, other than one 104 commenced in the supreme court, shall 'be brought in the county in which the per- 105 son in whose behalf the action is commenced is imprisoned or restrained of his 106 liberty: Provided, however, that when such person is imprisoned undfer color 107 of process issued out of any court of this State, the action shall be commenced 108 in the county or circuit in which sucTa court is held ; and provided further, that 109 when any person, not imprisoned under such color of process, shall, after being 110 imprisoned or restrained of his liberty, be taken from one county to another the 111 action may be brought in either county. 112 Fourteenth— 'Eminent domain.] Every action of eminent domain shall be 113 commenced in the county in which the premises sought to be taken or damaged, 114 or some part thereof, is situated. 115 Fifteenth— Actions in city coxjets.] No action, either of a civil or quasi 116 criminal nature, shall be brought in any city court against any defendant who does 117 not reside or in not found or served with process in the city in which such 118 court is established, unless such defendant is a non-resident of this State, or 119 has gone out of this State or on due inquiry cannot be found or is concealed 120 within this State so that process cannot be served upon him, or is aj person 121 whose name is unknown to the plaintiff, and the action is one in which notice 122 by publication is allowed by this Act. 123 Sixteenth— CmuiNAL action.] Every criminal action shall be brought in the 124 county in which the offense for which the same is brought has been committed. 105 125 Seventeenth— Action to contest avill.] Every action to contest a last will 126 and testament shall be brought in the county in which the will sought to be eon- 127 tested has been admitted to probate. 128 EigMeeni9i— Contempt.] Every action of contempt shall be brought in the 129 county in which the court as to which the contempt for which the action is 130 brought has been committed is held. 131 Nineteenth — Cektioraki.J Every action of certiorari shall be brought in the 132 county in which the proceeding sought to be questioned in such action has been 133 had. 134 Twentieth— Bastakdy.] An actio a of bastardy may be brought in any 135 county in which the plaintiff may be pregnant or may be delivered. 136 Twenty-first — Recognizance.] An action on a recognizance shall be brought 137 in the county in which is held the court to which the same is returned or the 138 county in which the recognizance is entered into. 139 Twenty-second — Other actions and peoceedings.] Every action or proceed- 140 ing not included in the preceding clauses of this section, when no other provi- 141 sion is made therefor by this Act, shall be brought in the county provided for 142 the bringing of the same by the laws in force at the time of the taking effect 143 of this Act. Sec. 175. Action brought in wrong place to be transferred to bight 2 COURT.] Whenever any defendant shall object that any action has been brought 3 in a court in which such defendant is not subject to be sued, or whose process 4 of summons has been, served upon him within a city, county or district in which 5 it could not properly be served, the court shall not on that account dismiss the 6 action, biit shall enter an order transferring the action to some court in which 7 the defendant could lawfully have been sued or whose process of summons 8 could have been properly served upon him, and the court to which such trans- 9 fer is made shall determine said action in the same manner as if it has been 10 originally commenced at the time it was so commenced in the court from" which 106 11 the transfer was made. In any such case, however, the court, before ordering 12 such transfer, shall require the plaintiff to pay to the defendant such sum- by 13 way of costs, attorney's fees and other expenses, the amount thereof to be as- 14 ' certained by the court, as may have been incurred by him because of the com- 16 mencement of such action in such court. DIVISION XIV. MODE OP COMMENCING ACTIONS IN COURTS OP RECORD. Section 176. Actions at law for recovery of money — how commenced — exceptions. 177. Praecipe — what to specify. 178. When creditor may have attachment. 179. Action of attachment — how com- menced — praecipe — affidavit — ^bond — — ^garnishees — form of bond. 180. Attachment in aid — how obtained. 181. Attachment of water craft — how prosecuted — form of bond. 182. When landlord may distrain for rent — ^how action commenced. Section 183. Action where special bail is required. 184. When replevin will lie. 185. Replevin — how comn^enced — affidavit — form of bond. 186. Trial of right of property — when brought — how commenced. 187. When forcible detainer may be brought. 188. Forcible detainer — how commenced. 189. Other actions, matters and proceedings — how commenced. Sec. 176. Actions at law por recovery op money- — how commenced — 2 exceptions.] Every action at law for the recovery of money only brouight in 3 a court of record, excepting an action of attachment, an action of attachment 4 of water craft, an action of distress for rent, an action where special bail 5 may be required, an action on a recogizance, an action of bastardy, or a quasi 6 criminal action commenced by warrant as hereinafter provided, shall be com- 7 menced by the filing by the plaintiff with the clerk of the proper court of a 8 praecipe for a summons framed as provided in the succeeding section, and a 9 statement of the plaintiff's claim framed as provided in sections two hundred 10 fifty-Dne (251) and two hundred fifty-two (252) of this Act. 107 Sec. 177. Praecipe — what to specify.] The praecipe required in the pre- 2 ceding and subsequent sections shaU specify the court in which the action is 3 commenced, the names of the parties thereto, the classification and number of 4 the action and the day on which the summons or writ is to require the de- 5 fendant to appear, which day shall be some Monday not less than five (5) nor 6 more than thirty (30) days from the filing of the praecipe: Provided, how- 7 ever, that the court may, in any action of mandamus, or action of quo war- 8 warranto, or any action involving public interests, by special order endorsed by 9 the presiding judge upon the petition or praecipe, provide for an earlier date 10 for the appearance of the defendant. Such praecipe shall be signed by the 11 plaintiff or his attorney and shall specify the post office address and place of 12 business of the plaintiff, if the action be brought by the plaintiff in his own 13 proper person, or the place of business of his attorney, if the action be brought 14 by attorney, and in default of such specification the clerk shall refuse to file 1.5 the same : Provided, however, that when there are more than three plaintiffs in 16 any such action, and the same is brought by the plaintiffs in their own proper 17 persons, it shall be unnecessary to specify the post office addresses and places 18 of business of more than three of said plaintiffs. If it be an attachment action, 19 it shall also give the names of the garnishees, if any, to be summoned and 20 shall direct the issuance of summonses for such garnishees. Whenever, after 21 the commencement of the action and before the final determiaation thereof, the 22 post office address or place of business of the plaintiff, if the action be brought 23 by the plaintiff in his own proper person, or the place of business of his attor- 24 ney, if the action be brought by attorney, shall be changed, notice in writing 25 thereof shall be given forthwith by the plaintiff to the defendant or his attor- 26 ney, if the defendant shall have entered his appearance. The praecipes and 27 statements of claims provided for in the preceding section may be in substan- 28 tially the forms prescribed in section two hundred fity-two (252) of this Act. 108 Sec. 178. When creditor may have attachment.] A creditor may have 2 an attachment against the property of his debtor, or that of any one or more 3 of several debtors, to compel the payment of the indebtedness, in any one of the 4 following cases : 5 i^irsf— Non-resident debtor.] Where the debtor is not a resident of this 6 State. 7 Second— BsBTou concealing himself, etc] Where the debtor conceals him- 8 self or stands in defiance of an officer so that process cannot be served 9 upon him. 10 Third— Debtor departed prom state, etc.] Where the debtor has departed 11 from this State with the intention of having his effects removed from this State. 12 Fourth— Dbbtob, about to depart from state, etc.] Where the debtor is 13 about to depart from this State with the intention of having his effects re- 14 moved from this State. 15 Fifth— Ty^BTOB ABOUT TO REMOVE PROPERTY, ETC.] Where the debtor is about 16 to remove his property from this State to the injury of such creditor. 17 /S^aj^fe— Fraudulent conveyance, etc.] Where the debtor has, within two 18 years preceding the filing of the affidavit required, fraudulently conveyed or 19 assigned his effects, or a part thereof, so as to hinder or delay his creditors. 20 Seventh— l^TE'STioN of debtor to fraudulently convey, etc.] Where the 21 debtor is about fraudulently to conceal, assign or otherwise dispose of his prop- 22 erty or effects, so as to hinder or delay his creditors. 23 Eighth— D^BT fraudulently contracted.] Where the debt sued for was 24 fraudulently contracted on the part of the debtor: Provided, that the state- 25 ments of the debtor, his agent or attorney, which constitutes the fraud shall 26 have been reduced to writing and his signature attached thereto by himself, agent 27 or attorney. Sec. 179. Action of attachment— how commenced— praecipe— affidavit- • 2 BOND— garnishees— FORM OF BOND.] Evcry action of attachment shall be com- 109 3 menced by the filing by the plaintiff with the clerk of the proper conrt of a 4 praecipe for a writ of attachment and an aflSdavit of the plaintiff, his agent 5 or attorney, setting forth the nature and amount of the indebtedness of the de- 6 fendant to the plaintiff, after allowing all just credits and set-offs, and one or 7 more of the causes which in law entitle the plaintiff to an attachment, and also 8 stating the place of residence of the defendant, if known, and if not known, that 9 upon diligent inquiry the party making the affidavit has not been able to ascer- 10 tain the same, and also by filing with such clerk a bond with sufficient security 11 to be approved by the clerk, payable to the People of the State of Illinois, in 12 double the sum sworn to be due, conditioned that he will prosecute his action 13 with effect and satisfy all costs which may be awarded to the defendant or to 14 any other person interested in said proceedings and all dama^ges and costs 15 which shall be recovered against the plaintiff for wrongfully suing out such 16 attachment, or which may be incurred by the sheriff or other officer in the exe- 17 cution thereof: Provided, however, that when the plaintiff shall elect that no 18 personal property shall be seized by the officer under the writ and the same is to 19 be executed by a levy or levies upon real estate, or by the summoning of a gar- 20 nishee or garnishees, or by both, the penalty of such bond shall not exceed one 21 thousand dollars ($1,000). If the garnishees are to be summoned their names 22 shall be given in the praecipe and the plaintiff shall also file with his praecipe 23 - the interrogatories to be answered by such garnishees. It shall be sufficient in 24 all cases of attachment to designate defendants by their reputed names by sur- 25 names and joint defendants by their special or partnership names or by the 26 names, styles or title by which they are usually known. Such bond may be in 27 substantially the following form: 28 In the CmcuiT Cottet o f Cook County, Illinois. 29 John Doe 30 vs. 1- Attachment. No. 25. 31 Eichard Eoe. no 32 Attachment Bond. 33 Know all men by these pbesents. That we, John Doe, as principal, and 34 William Doe, as surety, are held and firmly bound unto the People of the 35 State of Illinois in the penal sum of two thousand dollars ($2,000), for the 36 payment of which well and truly to be made we bind ourselves, our heirs, exe- 37 cutors, administrators and assigns, jointly and severally, firmly by these 38 presents. 39 Witness our hands and seals this 10th day of February, 1908. 40 The Condition of this obligation is such that whereas the above bounden 41 John Doe hath, on the day of the date hereof, prayed an attachment out of 42 the circuit court of Cook county, Illinois, at the suit of him, the said John Doe, 43 against the estate of one Richard Roe for the sum of one thousand dollars 44 ($1,000), and the same is about to be sued out of said court returnable on 44y2Monday, the 17th day of February, 1908. 45 Now, if the said John Doe shall prosecute his action with effect and satisfy 46 all costs which may be awarded to the defendant in said action, or to any 47 other person interested in said proceeding, and all damages and costs which 48 shall be recovered against the plaintiff for wrongfully suing out such attach- 49 ment, or which may be incurred by the sheriff or other ofl&cer in the execution 50 thereof, then the above obligation is to be void; otherwise the same is to be 51 and remain in full force and effect. 52, Approved February 10, 1908. John Doe. (Seal.) 53 John Smith, Clerk. William Doe. (Seal.) 54 The praecipe, affidavit and interrogatories in this section provided for may 55 be in substantially the form prescribed in section two hundred fifty-two (252) 56 of this Act. Sec. 180. Attachment in aid — how obtained.] The plaintiff in any ao- 2 tion at law on a contract, express or implied, or in any action for a tort, may, 3 at any time after the commencement of such action and before the entry of 4 final judgment therein, on filing in the office of the clerk of the court in which 5 such action is pending a sufficient bond, conditioned as the bond provided for 6 in the preceding section, and an affidavit showing his right to an attachment Ill 7 tinder this Act, sue out an attachment against the property of the defendant, 8 which attachment shall be entitled in the action pending and be in aid there- 9 of; and such proceedings shall be thereupon had as are required or permitted 10 in cases of actions of attachment, as near as may be: Provided, that this 11 section shall not apply to actions in which the defendant has been arrested and 12 has given bail : And, provided, further, that in an action at law for a tort, be- 13 fore a writ of attachment shall be issued, the plaintiff, his agent or attorney, 14 shall apply to a judge of a court of record or a master in chancery of the 15 county in which the action is pending and be examined under oath by such 16 judge or master concerning the cause of action; and thereupon such judge or 17 master shall endorse upon the affidavit the amount of damages for which the 18 writ shall issue and no greater amount shall be claimed. Every such attach- 19 ment in aid shall require the defendant to appear and answer the same on some 20 Monday within not less than five (5) nor more than thirty (30) days from the 21 date- thereof, and shall be served in the same manner as is required in this Act 22 for the service of an original writ of attachment : Provided, however, that 23 when any defendant is not a resident of this State, or has departed this State, 24 or on due inquiry cannot be found, or is concealed within this State so that 25 process cannot be served upon him, he shall be notified by publication of notice 26 as is by this Act required. Sec. 181. Action of attachment of water craft — how prosecuted— form 2 of bond.] An action of attachment of water craft may be brought to enforce 3 the liens specified in the Act entitled, "An Act to revise the law in relation 4 to attachments of boats, vessels and rafts," approved March 25, 1874, and in 5 force July 1, 1874. Every such action shall be commenced by the filing by the 6 plaintiff with the clerk of the proper court of a praecipe for a writ of attach- 7 ment of water craft and an affidavit of himself, his agent or attorney, setting 112 8 forth the nature of his claim, the amount due the plaintiff after allowing all 9 payments and just set-offs, the name of the water craft, and the name and 10 residence of each owner known to the plaintiff, and when any owner or his 11 place of residence is not known to the plaintiff he shall so state and that he 12 has made inquiry and is unable to ascertain the same, and also by the filing 13 by the plaintiff with such clerk of a bond payable to the People of the State of 14 Illinois, in at least double the amount of the claim, with security to be 35 approved by the clerk, conditioned that the plaintiff shall prosecute his action 16 with effect, or, in case of failure therein, will pay all costs and damages which 17 the owner or other persons interested in such water craft may sustain in con- 18 sequence of the wrongful suing out of such attachment, which bond may be 19 sued by any owner or person interested in the same manner as if it had been 20 given to such person directly. Such bond may be in substantially the foUow- 21 ing form: 22 In the Circuit Court of Cook County, Illinois. 23 John Doe i 24 V. [ Attachment of Water Craft. No. 27. 25 Owners of Steamship Manitou. ) 26 Attachment op Water Craft Bond. 27 Know all men by these presents, That we, John Doe,^ as principal, and 28 William Doe, as surety, are held and firmly bound unto the People of the 29 State of Illinois in the penal sum of two thousand dollars ($2,000), for the 30 payment of which well and truly to be ma4e we bind ourselves, our heirs, exe- 31 cutors, administrators and assigns, jointly and severally, firmly by these 32 presents. 33 Witness our hands and seals this 10th day of February, 1908. 34 The Condition of this obligation is such that whereas the above bounden 35 John Doe hath, on the day of the date hereof, prayed an attachment out of the 36 circuit court of Cook county, Illinois, at the suit of him, the said John Doe, 37 against the owners of a water craft known as the Steamship Manitou for the 38 sum of one thousand dollars ($1,000), and the same is about to be sued out of 39 said court returnable on the 17th day of February, 1908: 113 40 Now, if the said John Doe shall prosecute his action with effect, or, in 41 case of failure therein, will pay all costs and damages which the owner or other 42 persons interested m such water craft may sustain in consequence of the 43 wrongful suing out of such attachment, then the above obligation is to he void; 44 otherwise the same is to be and remain in full force and effect. 45 Approved February 10, 1908. John Doe. (Seal.) 46 John Smith, Clerk. Wtt.t.tam Dob. (Seal.) 47 The praecipe and affidavit in this section provided for may be in substan- 48 tially the form prescribed in section two hundred fifty-two (252) of this Act. Sec. 182. When landlord mat distrain foe bent— how action commbnced.J 2 A landlord, by himself, his agent or attorney, may distrain for rent any per- 3 sonal property of his tenant that may be found in the county where such 4 tenant resides, or, in case the tenant is a non-resident of this State, or has 5 departed from this State, in any county in which any property of the defend- 6 ant may be levied upon under the distress warrant. Every action of distress 7 for rent shall be commenced by the filing by tie plaintiff with the clerk of 8 the proper court of a praecipe for a summons together with a copy of the dis- 9 tress warrant and an inventory of the property levied upon. The praecipe, 10 copy of the distress warrant and inventory in this section provided for may be 11 in substantially the form prescribed in section two hundred fifty-two (252 of 12 this Act. •Sec. 183. Action where speciai. bail is required.] Every action at law 2 where -special bail may be required shall be commenced by the), filing by the 3 plaintiff with the clerk of the proper court of a praecipe for a capias 4 ad respondendum, a statement of the plaintiff's claim and an affidavit in com- 5 pliance with the- Act entitled, "An Act concerning bail in civil cases," approved 6 January 1, 1872, in force July 1, 1872, with an order of a judge or master 7 endorsed on such affidavit in compliance with said Act. 114 Sec. 184. When replevin will lie.J An action of replevin may be brought 2 for the recovery of goods or chattels which have been wrongfully distrained 3 or otherwise wrongfully taken or shall be wrongfully detained, excepting where 4 such property has been taken for a tax, assessment or fine levied by virtue of 5 any law of this State or has been seized under an execution or attachment, or 6 is held by virtue of a writ of replevin, against the plaintiff in the action or by 7 virtue of any other writ of replevin issued in an action then pending and unde- 8 termined in any court of record of this State. Sec. 185. Eeplevin — how commenced — affidavit — form op bond.] Every 2 action of replevin shall be commenced by the filing by the plaintiff with the 3 clerk of the proper court of a praecipe for a writ of replevin and an affidavit 4 showing that the plaintiff in such action is the owner of the property to be de- 5 scribed in the writ or about to be replevined, or that he is then lawfully entitled 6 to the possession thereof, and that the property is wrongfully detained by the 7 defendant and that the same has not been taken fori any tax, assessment or 8 fine levied by virtue of any law of this State against the property of such plain- 9 tiff or against Mm individually nor seized under any execution against the 10 goods and chattels of such plaintiff, nor beld by virtue of any wrrit of replevin 11 against the plaintiff in the action, or by virtue of any other writ of replevin 12 issued in an action then pending and undetermined in any court of record of 13 this State, and stating the value of such property, and that it does not exceed 14 the amount so stated, and also by the filing with the clerk of a bond of the 15 plaintiff, or some one else in his behalf, with sufficient security to be approved 16 by the clerk, payable to the People of the State of Illinois in double the value 17 of the property about to be repleviaed, conditioned that he will prosecute such 18 action to effect and without delay and make return of the property, if return of 19 the property shall be awarded, and further conditioned for the payment of all 20 costs and damages occasioned by the wrongful suing out of such \ writ of re- 115 21 plevin, whether to the defendant or to any other person, and all costs and dam- 22 ages which may be incurred by the sheriff or other ofl&cer in the execution of 23 the writ. Such bond may be in substantially the foUowiug form: 24 In the Circuit Coitet of Cook County, Illinois. 25 John Doe ) 26 V. [ Replevin. No. 30. 27 Richard Eoe. ) 28 Replevin Bond. 29 Know aix, men by these pkesents. That we, John Doe, as principal,, and 30 William Doe, as surety, are held and firmly bound unto the People of the State 31 of Illinois, in the penal sum of five hundred dollars ($500), for the payment 32 of which well and truly to be made we bind ourselves, our heirs, executors, ad- 33 ministrators and assigns, jointly and severally, firmly by these presents. 34 Witness our hands and seals this 10th day of February, 1908. 35 The condition of this obligation is such that whereas the above bounden 36 John Doe hath, on the day of the date hereof, prayed a writ of replevin out 37 of the circuit court of Cook county, Illinois, against one Richard Roe to re- 38 cover the following described personal property, to-wit: (here describe per- 39 sonal property), and the same is about to be sued out of said court returnable 40 on Monday, the 17th day of February, 1908: 41 Now, if the said John Doe shall prosecute his action with effect and with- 42 out delay and make return of the said property, if return thereof shall be 43 awarded, and shall pay all costs and damages occasioned by the wrongful suing 44 out of such writ of replevin, whether to the said defendant Richard Roe or 45 to any other person, and all costs and damages which may be incurred by 46 the sheriff of Cook county or any other officer in the execution of said writ of 47 replevin, then the above obligation, is to be void; otherwise the same is to be 48 and remain in ? full force and effect 49 Approved February 10, 1908. John Doe. (Seal.) 50 John Smith, Clerk. Richaed Roe. (Seal.) 51 The praecipe and affidavit in this section provided for may be in substan- 52 tially the form presorlbed in section two hundred forty-eight (248) of this Act. Sec. 186. Tbial of eight of pkopebty — when bbought — how commenced.] 2 An action-for the trial of the right of property may be instituted in every case 116 3 in which an execution or writ of attachment issued out of any court of record 4 or hy any justice of the peace, is levied by any sheriff, coroner or other offi- 5 cer upon personal property within the county in which such action is proposed 6 to be instituted, and in every case in which property has been taken for any 7 tax, assessment or fine levied by virtue of any law of this State, or is held by 8 virtue of any writ of replevin issued in any then pending action brought 9 against any other person than the plaintiff in such action. Every such action 10 shall be commenced by the claimant, as plaintiff, against such sheriff, coroner 11 or other officer and the plaintiff in the execution or writ of attachment, or 12 against the officer by whom the property has been seized for any tax, assess- 13 ment or fine levied by virtue of any law of this State, or aigainst the parties to 14 the writ of replevin under which such property is held, as defendants, by 15 the filing by the claimant, in the proper court, of a praecipe for a summons to 16 the defendants named in such praecipe together with a statement of the plain- 17 tiff's claim. The praecipe and statement of claim in this section provided for 18 may be in substantially the form prescribed in section two hundred fifty- two 19 (252) of this Act. Sec. 187. When forcible detainee may be brought.] The person entitled 2 to the possession of lands and' tenements may recover possession thereof by 3 an action of forcible detainer in the following cases : 4 i^irs^— Forcible entry.] When a forcible entry is made thereon. 5 Second— Foss-EssioN unlawfully withheld.] When a (peaceable entry is 6 made and the possession unlawfully withheld. 7 Third— 'E^TJiY upon vacant or unoccupied land.] When the entry is made 8 into' vacant or unoccupied lands or tenements without right or title. 9 Fourth— FossBSsio-^ withheld at termination of x^ase.] When any les- 10 see of the lands or tenements or any person holding under him holds possession 11 without right after the determination of the lease or tenancy by its own lim- 12 itation, conditions or terms, or by notice to quit or otherwise. 117 13 Fi/^/i— Vendee weongfuuLiT withholding possession.] When a vendee, hav- 14 ing obtained possession under a written or verbal agreement to purchase lands 15 or tenements and having failed to comply with his agreement, withholds pos- 16 session thereof after demand in writing by the person entitled to such 17 possession. 18 Sixth— 'Refvsal, to sxjreendee possession aeteb coistveyance ob judicial 19 SALE, ETC.] When lands or tenements have been conveyed by any grantor in 20 possession, or sold under the judgment or decree of any court of this State, or 21 by virtue of any power of sale ia any mortgage or deed of trust contained 22 and the grantor in possession or party to such judgment or decree, or to such 23 mortgage or deed of trust, after the expiration of the time of redemption, 24 when redemption is allowed by law, refuses or neglects to surrender possession 25 thereof after demand in writing by the person entitled thereto or his agent. See. 188. Forcible detainer — how commenced.] Every action of forcible 2 detainer shall be commenced by the filing by the plaintiff with the clerk of the 3 proper court of a praecipe for a summons and a statement of the plaintiff's 4 claim, describing, with reasonable certainty, the premises of which possession 5 is claimed. The plaintiff may also, in such action, join with his claim for pos- 6 session of the premises a claim for rent, or for damages for the withholding 7 of such possession, in which case the plaintiff's statement of claim shall specify 8 the amount of rent or damages claimed. The praecipe and statement of claim 9 in this section provided for may be substantially in the form prescribed in sec- 10 tion two hundred fifty-two (252) of this Act. Sec. 189. Other actions, matters and proceedings — how commenced.] 2 Ejectment, mandamus, quo warranto, habeas corpus, eminent domain, equity, 3 certiorari, recognizance, bastardy, contempt, criminal and quasi criminal 4 actions and supplementary proceedings, probate matters, tax, special assess- 5 ment, peace, examination, search warrant and insanity proceedings, may be 118 6 commenced in the manner provided in the divisions of this Act especially deal- 7 ing with said actions, matters and proceedings respectively. Every action or 8 proceeding not included within those specified in the preceding sections of this 9 division, unless other provision is made therefor by this Act, shall be com- 10 menced as may be provided by the laws in force applicable thereto at the time 11 of the taking effect of this Act, or in such manner as mjay be provided by 12 the rules prescribed by the court in which the same is brought or by the su- 13 preme court. DIVISION XV. ISSITANCE AND SERVICE OF PEOCESS FOR APPEARANCE. Section 190. Summons — when issued — form. 191. Writ of attachment — when issued — form. 192. Counterparts of writ — when issued to another county — alias writ. 193. When attachment may issue against portion of defendants. 194. Garnishee summons — form. 195. Attachment of water craft — when writ issued — form. 196. Capias ad respondendum — form. 197. Writ of replevin — when issued — form. 198. Counterparts of writ of replevin. 199. Alias writs of replevin. 200. Quasi criminal action commenced by warrant. 201. Writ of ne exeat — when issued. 202. Bastardy warrant — when, issued. 203. How summons or writ served — ex- ceptions. 204. Garnishee summons — how served. 205. Service of copies when defendants are numerous or non-resident. Section 206. Who may serve summons or writ — proof of service — ofBcer's return — affidavit of service. 207. Acceptance of service. 208. Officer or process server to be admitted to building other than dwelling house — penalty for refusal to admit. 209. Procedure when officer or process server refused admission to dwelling house. 210. Penalty for evading or obstructing, service of summons, etc. 211. Penalty for falsely pretending posses- sion, etc., for service. 212. Penalty for false return or affidavit of service. 213. Person guilty of misconduct to be pro- hibited from serving process. 214. Attachment writ — how executed upon property — certificate of levy. 215. Pursuit of defendant removing prop- erty. 216. Debtor absconding, etc. — service of attachment on Sunday. 217. Forthcoming bond — form. 218. Bond to pay judgment — form. 119 Section 219. Recognizance to pay judgment. 220. Failure of sheriff to return bond, etc. 221. Exception by plaintiff to bond. 222. When plaintiff may sue on bond. 223. Sustenance of live stock — compensa- tion. 224. Disposition of perishable property. 225. Shares of stock — how levied on — sub- sequent assignment. 226. Writ of replevin — how executed. 227. Property not delivered — citation — order for delivery — forms. 228. Duty of defendant to deliver property — contempt of court — power of court. Section 229. Retention of property by defendant — forthcoming bond. 230. Return of property to defendant pend- ing action — forthcoming bond. 231. Duty of officer to serve summons or writ — ^penalty. 232. Alias and pluries summonses and writs. 233. Service of summons or writ without the State. 23^. Capias ad respondendum — how served. 235. Service of quasi criminal warrant. 236. Service of habeas corpus, ne exeat or bastardy warrant. Sec. 190. Summons — when issued — form.] Upon the filir^g in any ac- 2 tion at law for the recovery of money only, other than an attachment action, an 3 action where special bail may be required, an action on a recognizance or an 4 action of bastardy, or in any action for the trial of the right of property, action 5 of forcible detainer, action of ejectment, action of quo warranto, action to 6 revive a judgment, or action of eminent domain, of the praecipe and state- 7 ment of claim, copy of distress warrant and inventory, or information, as the 8 case may be, or upon the filing in an action in equity, other than a ne exeat, of the 9 bill of complaint, or upon the filing in an action of mandamus of the plaintiff's 10 petition, the clerk of the court shall issue and deliver to the plaintiff a summons 11 to the defendant commanding him to appear in person or by attorney at the place 12 of holding such court on the day specified in the praecipe, or otherwise specified 13 by the plaintiff, to answer to the action brought against him by the plaintiff. 14 Such summons, as well as every summons or writ hereinafter provided for, shall 15 specify the court in which the action is pending, and the title, number and clas- 16 sification thereof, and shall be prepared for the signature of the clerk by the 17 plaintiff or his attorney, and shall be issued under the seal of the court, tested 18 in the name of the clerk thereof, dated on the day it shall be issued and signed 120 19 witli his name. Whenever the plaintiff shall so request the clerk shall issue as 20 many such summonses as the plaintiff shall specify, not exceeding by more than 21 three the number of defendants to be summoned, each of which shall. have the 2i force and effect of an original summons, and said summonses shall also be 23 prepared for the signature of the clerk by the plaintiff or his attorney, and the 24 plaintiff or his attorney shall' in all cases prepare all copies of summonses and 25 writs to be served as hereinafter provided. Such summons may be in substan- 26 tially the following form: '26 In the Circuit Court of Cook County, Illin-ois. 27 John Doe ) 28 V. [ Contract. No. 20. 29 Richard Eoe. ) 30 Summons. 31 The People of the State of Illinois— Greeting to Richard Roe: 32 You are hereby commanded to appear in person or by attorney before the 33 circuit court of Cook county, Illinois at the county court-house in Chicago in 34 said county, on Monday, the 17th day of February, 1908, to answer to the above 35 entitled action at law for the recovery of the sum of one thousand dollars 36 ($1,000) brought against you in said court by John Doe. 37 Witness John Smith, clerk of said circuit court, and the seal thereof, at 38 Chicago, Illinois, this 10th day of February, 1908. 39 John Smith, Clerk. 40 The foregoing form may be made applicable to other forms of action by 41 substituting for the words "at law for the recovery of the sum of one thousand 42 dollars ($1,000)" the following: 43 First— T^iAi, of right of property.] In an action for the trial of the right 44 of property, the words "for the trial of the right of property." 45 Second— ¥oB,GiBJM detainer.] In an action of forcible detainer, the words 46 ' ' of forcible detainer. ' ' 47 TMr(i— Ejectment.] In an action of ejectment, the words "of ejectment." 48 Fourth— M.A^DAMVS.] In an action of mandamus, the words "of man- 49 damns." 121 50 Fifth— Qvo waeranto.J In an action of quo warranto, the words "of quo 51 warranto." 52 Sixth — BevivaIj of judgment.] In an action to revive a judgment, the 53 words "to revive a judgment." 54 Seventh— 'Eminent domain.] In an action of eminent domain, the words 55 "of eminent domain." 56 Eighth — Equity.] In an action in equity, the words "in equity." 57 Ninth — Distress eor rent.] In an action of distress for rent, the words "of 58 distress for rent." Sec. 191. Writ of attachment — when issued— form.] Upon the filing in 2 an action of attachment of the praecipe for a writ of attachment and aflSdavit of 3 the plaintiff, his agent or attorney, and the bond hereinbefore specified, the clerk 4 of the court in which the action is commenced shall issue and deliver to the 5 plaintiff a writ of attachment directed to the sheriff of the coimty in which the 6 action is commenced, or, in case the sheriff is interested or otherwise disqualified 7 or prevented from acting, to the coroner of such county, which writ may be in 8 substantially the following form: 9 In the Circuit Court of Cook County, Illinois. 10 John Doe ) 11 v. \ Attachment. No. 27. 12 Eichard Roe. ' 13 Writ of Attachment. 14 The People of the State of Illinois— Greeting to the Sheriff of Cook county: 15 We hereby command you that you attach so much of the property of Rich- 16 ard Roe, to be found in your county, as shall be of value sufficient to satisfy a 17 claim of one thousand dollars ($1,000) and costs being prosecuted against him 18 in our said circuit court by John Doe, and such estate so attached in your 19 hands to secure and so to provide that the same may be liable to further pro- 20 ceedings thereupon according to law; and that you summon the said Richard 21 Roe to appear in person or by attorney before said circuit court of Cook county. 122 22 at the county court house in Chicago, in said county, on .the 17th day of Febru- 23 ary, 1908, to answer to the said action of attachment brought against him by 24 the said John Doe. 25 Witness John Smith, clerk of said circuit court, and the seal thereof, at 26 Chicago, Illinois, this 10th day of February, 1908. 27 John Smith, Clerk. 28 Note. 29 When personal property is not .to be seized under the writ the above form 30 may be varied from by inserting between the words "so much of the prop- 31 erty" and the words "of Richard Roe" the words ".other than personal 32 property. ' ' Sec. 192. COXJNTERPABTS OF WEIT— WHEN ISSUED TO ANOTHER COUNTY— ALIAS 2 WRIT.] Counterparts of the writ of attachment may issue, at the request of the 3 plaintiff, at the same time or at any time before judgment, to any other county 4 in the State where the debtor may have property liable to be attached, which 5 shall be levied as other attachment writs : Provided, that if no property, rights 6 or credits of th^ debtor are found in the county in which the action is brought 7 and no defendant is served with the writ of attachment or summons or enters 8 an appearance, the plaintiff shall not be entitled to judgment. An alias writ of 9 attachment may also issue when it appears by the return of the officer that no 10 property bas been seized or levied upon, or the defendant has not been served 11 under the original writ. Sec. 193. When an attachment may issue against portion op defendants.] 2 In all cases of attachment where two or more persons are jointly indebted, either 3 as partners or otherwise, and an affidavit shall be filed, as provided in this act, 4 so as to bring one or more of such joint debtors within its provisions and 5 amenable to the process of attachment, then the writ of attachment shall issue 6 against the property and effects of such as are so brought within the provisions 7 of said section; and the officer shall be also directed in said writ to summon all 123 8 joint debtors named in the affidavit filed in the case, whether the attachment is 9 against them or not, to answer to the said action as in other cases of joint de- 10 fendants. Sec. 194. GrAKNisHEE SUMMONS — POBM.J The clcrk shall issue as many 2 garnishee summonses as the plaintiff may require. Such summons may be in 3 substantially the following form: 4 In the Circuit Court of Cook County, lUiiNois. 5 John Doe » 6 V. t Attachment. No. 27. 7 Richard Roe, j 8 Garnishee Summons. 9 The People of the State of Illinois— Greeting to Henry Jones: 10 , Yon are hereby commanded to appear in person or by attorney before &» 11 circuit court of Cook county, Illinois, at the county court house in Chicago, in 12 said county, on Monday, the 17th day of February, 1908, then and there to an- 13 swer unto John Doe, in his action of attachment therein pending against Richard 14 Roe, as to the rights, credits, choses in action, effects, estate, property or 15 moneys in your hands belonging to the said Richard Roe. 16 Witness John Smith, clerk of said circuit court, and the seal thereof, at 17 Chicago, Illinois, this 10th day of February, 1908. 18 John Smith, Clerk. See. 195. Attachment of water craft — when writ issued — form.] Upon 2 the filing in an action of attachment of water craft of the praecipe for a writ of 3 attachment of water craft, and the affidavit of the plaintiff, his agent or at- 4 torney, and the -bond hfereinbefore specified, the clerk shall issue and deliver 5 to the plaintiff a writ of attachment of water craft directed to the sheriff of the 6 county in which the action is commenced, or, in case the sheriff is interested, or 7 otherwise disqualified or prevented from acting, to the coroner of such county, 8 which writ may be in substantially the following form: 124 9 Ik the Circuit Coubt of Cook County, Illinois. 10 Jolm Doe ) 11 V. [ Attachment. No. 28. 12 Owners of Steamship Manitou ' 13 "Writ op Attachment of Water Craft. 14 The People of the State of Illinois— Greeting to the Sheriff of Cook county: 15' We hereby command you to attach the Steamship Manitou, her tackle, ap- 16 parel and furniture, to satisfy a claim of one thousand dollars ($1,000) and 17 costs, being prosecuted against the owners of said Steamship Manitou in our 18 said circuit court by John Doe, and all such demands as shall be exhibited 19 against said vessel according to law; and that you also summon (here insert 20 the names of owners of such vessel) to be and appear in person or by attorney 21 before said circuit court of Cook county, at the county court-house in Chicago, 22 in said county, on the 17th day of February, 1908, to answer to the said action 23 of attachment brought against the owners of said Steamship Manitou by the 24 said John Doe. 25 Witness John Smith, clerk of said circuit court, and the seal thereof, at 26 Chicago, Illinois, this 10th day of February, 1908. 27 John Smith, Clerh. Sec. 196. Capias ad respondendum — form. J Upon the filing in any action 2 at law where special bail may be required of the praecipe for a capias ad 3 respondendum, statement of the plaintiff's claim and affidavit, with an order of 4 a judge or master in chancery endorsed thereon as required by law, the clerk 5 of the court in which the action is commenced shall issue and deliver to the plain- 6 tiff a capias ad respondendum directed to the sheriff of the county in which the 7 process is to be executed, or, in case he is interested or otherwise disqualified 8 or prevented from acting, to the coroner of such county, to execute, for the ar- 9 rest of the defendant, on which capias shall be endorsed an order directing the 10 sheriff or coroner to whom such process is directed to hold the defendant to 11 bail in the sum specified in the order of the judge or master in chancery. Such 12 capias may be in substantially the following form : 125 13 In the CmcTJiT Coubt of Cook County, Illinois. 14 John Doe ) 15 V. [ Contract. No. 30. 16 Richard Roe. ' 17 Capla.s ad Respondendum. 18 The People of the State of Illinois— Greeting to the Sheriff of Cook county: 19 We hereby command yon that you take the body of Richard Roe, if he shall 20 be found in your county, and him safely keep so that he be and appear before the 21 said circuit court of Cook county, at the county court-house in Chicago, in said 22 county, on Monday, the 17th day of February, 1908, to answer to an action at 23 law for the recovery of the sum of one thousand dollars ($1,000) brought against 24 him in said court by John Doe. 25 Witness John Smith, clerk of said circuit court, and the seal thereof, at 26 Chicago, Illinois, this 10th day of February, 1908. 27 John Smith, Clerk. Sec. 197. Writ of replevin — when issued — fobm.J Upon the filing in any 2 action of replevin of the praecipe for a writ of replevin, the affidavit and the 3 bond hereinbefore specified, the clerk of the court in which the action is com- 4 menced shall issue and deliver to the plaintiff a writ of replevin directed to the 5 sheriff of the county in which the action is commenced, or, in case he is inter- 6 ested or otherwise disqualified or prevented from acting, to the coroner of such 7 county, requiring such sheriff or coroner to whom it is direqted to cause the 8 property, describing it as in the affidavit, to be replevied from the possession 9 of the defendant and to be delivered to the plaintiff and to summon the de- 10 fendant to answer the plaintiff in the action. Such writ of replevin may be in 11 substantially the following form: 12 In the Circuit Court of Cook County, Illinois. 13 John Doe ) 14 V. r Replevin. No. 40. 15 Richard Roe. ' 16 Writ of Replevin. 17 The People of the State of Illinois— Greeting to the Sheriff of Cook county: 18 We herel)y command you that you cause the following goods and chattels 126 19 to be replevied from the possession of Richard Eoe and delivered to John 20 Doe without delay, to wit: 21 (Here insert description of property to be replevied.) 22 We also command you that you summon Richard Eoe to appear, in person 23 or by attorney, before said circuit court of Cook county, at the county court- 24 house in Chicago, in said county, on the 17th day of February, 1908, to answer 25 to the action of replevin brought therein against him by the said John Doe. 26 Witness John Smith, clerk of said circuit court, and the seal thereof, at 27 Chicago, Illinois, this 10th day of February, 1908. 28 John Smith, Clerh. Sec. 198. Counterparts of writ of replevin.] Counterparts of the writ 2 of replevin may issue, upon the suggestion of the plaintiff, to several counties 3 to be executed upon the goods or served upon the defendants to be found therein: 4 Provided, however, that if none of the property sought to be replevied is found 5 in the county where the action is brought and neither of the defendants resides 6 or can be found or served with process therein, the plaintiff shall not be en- 7 titled to judgment except as to such defendants as appear and defend the ac- 8 tion. Sec. 199. Alias writs of replevin.] When it appears by the return of the 2 officer that the property or any portion thereof has not been taken or that any 3 defendant has not been found, alias writs of replevin directing the officer to take 4 such property or portion thereof or to summon the defendant or both, as the 5 case may be, may issue on the application of the plaintiff until such property is 6 taken or such defendant is served, or both, as the case may be. Sec. 200. Quasi-criminal action commenced by warrant.] Upon the filing 2 in a quasi criminal action to recover a fine or penalty for the violation of an 3 ordinance of a municipal corporation, of a complaint verified by affidavit, a 4 warrant for the arrest of, or a summons to, the defendants may be issued under 5 the conditions and in the manner provided in the division of this Act especially 6 dealing with said action. 127 Sec. 201. Weit of ne exeat — when issued.] Upon the filing in an action in 2 equity for a ne exeat of the bill of complaint verified by the affidavit of the 3 plaintiff, his agent or attorney, the court, if satisfied that the defendant ought 4 to be arrested, may order the issuance of a writ of ne exeat and thereupon the 5 clerk shall issue such writ of ne exeat and the same shall be executed as pro- 6 vided in the division of this Act especially dealing with said action. Sec. 202. Bastaedy warrant — when issued.] Upon the filing in an action 2 of bastardy of the complaint of the plaintiff verified by her affidavit, the court, 3 if satisfied that the defendant ought to be arrested, may order the issuance of 4 a warrant and thereupon the clerk shall issue such warrant and the same shall 5 be executed as provided in the division of this Act especially dealing with said 6 action. Sec. 203. How summons oe weit sebved— exceptions.] Service of any 2 summons or writ, other than a writ of habeas corpus, capias ad respondendum 3 or other writ requiring the arrest of the person therein named, shall be made by 4 delivering either a copy or one of the originals thereof, together with a copy 5 of the plaintiff's praecipe and statement of claim, praecipe, distress warrant 6 and inventory, petition, information, or bill of complaint in equity, praecipe, 7 affidavit and bond in attachment, or praecipe, affidavit and bond in replevin, as 8 the case may be, and of all other papers required by this act to be served there- 9 with upon the defendant, to the proper person and informing such person of the 10 contents of such original or copy of the summons or writ, as follows : 11 First— Ws.^N DEFENDANT AN iNDivTDTjAL, sui JURIS.] If the defendant be an 12 individual, and not a minor or person of unsound mind, or person judicially de- 13 Glared to be a drunkard or spendthrift and for whom a guardian has been 14 appointed, such delivery shall be made to sudh defendant, or, if the defendant 15 cannot be conveniently found, it shall be made at his usual place of abode to 16 some person of the family of the age of ten years or upwards. 128 17 Second— WBiEN defendant a minor.] If the defendant be a minor such de- 18 livery shall be made to him and a like delivery shall also be made to his father, 19 mother, or guardian, or, if there be none within the State, then to any person 20 havhOfg the care or control of such minor or with whom he shall reside or in whose 21 service he shall be employed: Provided, hoivever, that if such father, mother, 22 guardian or other person be the plaintiff or one of the plaintiffs in th-e action, 23 such summons or writ shall be served in such manner as the court may direct. 24 Third— yj'SE^ dependant of unsound mind, etc., without guardian.] If 25 the defendant be a person of unsound mind for whom no guardian ov conserv- * 26 ator has been appointed such service shall be made in such manner as the 27 court may, by general rule or otherwise, direct. 28 Fottri/i— When defendant of unsound mind, etc^ with conservator.] If 29 the defendant be a person judicially declared to be of unsound mind, a drunk- 30 ard or spendthrift, for whom a guardian or conservator has been appointed, 31 such delivery shall be made to him, and a like delivery shall also be made to 32 his guardian or conservator. 33 i^z/^^— Incorporated company.] If the defendant be an incorporated com- 34 pany, other than a municipal corporation, such delivery shall be made to its 35 president, vice president, -secretary, treasurer or cashier, if either of them may 36 be found within the county in which the action is brought, if such action is 37 brought in a circuit or county court, or in the superior court of Cook county or 28 in the criminal court of Cook county, or, if the action be brought in a city 39 court, if either of them may be conveniently found within such city, but if 40 neither of such officers can be conveniently found in such county or" in such 41 city, as the case may be, then such delivery may be made to any clerk, super- 42 intendent, general agent, engineer, conductor, station agent or any other agent 43 of such corporation who may be found in such county or in such city, as the 44 case may be : Provided, however, that when any such corporation has an offi- 45 cer or employee designated as general counsel, general attorney or local attor- 129 46 ney, such delivery may be made in any case, if the plaintiff so elect, to such 47 general counsel, general attorney or local attorney or to any clerk in the office 48 of such general counsel, general attoi^ey or local attorney. 49 Sixth— GovNTY.] If the defendant be a county such delivery shall be 50 made to the clerk or chairman of the county board, if the county to be served 51 be under township organization, or to the clerk of the county court, if the 52 county be not under township organization: Provided, however, that if such 53 county have an officer or employee designated as county attorney such delivery 54 may be made in any case, if the plaintiff so elect, to such county attorney or 55 to any assistant or other person employed in the office of such county attorney. 56 Seventh — City.] If the defendant be a city such delivery shall be made to 57 -the corporation counsel or city attorney or to the mayor or clerk of such city, 58 or to any assistant or other employee in the office of the corporation counsel 59 or city attorney of such city. •60 Eighth— YiiAJLGE or incorpobated town.] If the defendant be a village or 61 incorporated town such delivery shall be made to the president of the board 62 of trustees or the clerk of such village or incorporated town. 63 Ninth— Town not incorporated.] If the defendant be a town not incorpor- 64 ated, such delivery shall be made to the supervisor or clerk thereof. 65 Tjsw^^— Receiver of corporation.] If the defendant be the receiver of an 66 incorporated company, such delivery shall be made to such receiver, if he may 67 be conveniently found in the county in which the action is brought, if the same 68 is brought in a circuit or county court, or in the superior court of Cook county, 69 or in the criminal court of Cook coanty, or, if the action is brought in a city 70 court if he may be conveniently found within such city, but if he shall not be 71 conveniently found in such county, or in such city, as the case may be, then such 72 delivery may be made to any attorney, clerk, secretary, superintendent, gen- 73 era]; agent, engineer, conductor, station agent or any agent in the employ of 74 such receiver or receivers, who may be found in such county, or in such city, as 75 the case may be. 130 76 Eleventh— Tkustwe opeeating kailway.J If the defendant be a trustee oper- 77 ating, managing or controlling a railway, such delivery shall be made to him, if 78 he may be conveniently found within the county in which the action is brought, 79 if the same is brought in a circuit or county court, or in the superior court 80 of Cook county, or in the criminal court of Cook county, or, if the action be 81 brought in a city court, if he may be conveniently found within such city, but 82 if he shall not" be conveniently found in such county, or in such city, -as the eacje 83 may be, then such delivery shall be made to any attorney, clerk, secretary, 84 superintendent, general agent, engineer, conductor, station agent or any agent 85 in the employ of such trustee who may be found in such county, or in such city, 86 as the caSe may be. 87 Twelfth — ^Resident co-pabtnekship.] If the defendant be a co-partnership 88 sued in the firm name and one or more of the co-partners are residents of the 89 State, such delivery may be made to any co-partner who is a resident of this 90 State or to any number of such co-partners whom the plaintiff may elect to 91 have served with the summons, or, at the principal place of business of the co- 92 partnership to any person having, at the time of service, the control or man- 93 agement of the co-partnership business there. 94 Thirteenth — Non-resident oo-pahtneeship.] If the defendants be members 95 of a co-partnership, all of whom are non-residents of this State, but having a 96 place or places of co-partnership business, such delivery may be made to any 97 agent of such co-partnership at any place of business of such co-partnership, 98 but in any such case the judgment, if any be rendered against the defendants, 99 shall only be valid as against the property of such co-partnership within this 100 State. 101 Fourteenth — Teial of eight of peopbety.] When an action for the trial of 102 the right of property is brought to recover property levied upon by virtue of 103 any execution or writ of attachmient and the plaintiff or plaintiffs in the execu- 104 tion or writ of attachment are non-residents of the county in which the action 131 105 is brought, service of the summons upon such plaintiff or plaintiffs may be 106 made by delivering a copy thereof, together with a copy of the praecipe and 107 statement of claim, to the sheriff or other officer by whom' the execution or 108 writ of attachment has been levied. Sec. 204. Gaenishee summons — how served.] Service of a garnishee 2 summons shall be made by the delivery of a copy thereof, to gether with a copy 3 of the plaintiff's interrogatories, to the person to whom, by the provisions of 4 this Act, delivery of a summons to a defendant may be made and informing 5 such person of the contents of sucli summons. Sec. 205. Service of copies when defendants are numerous or non-resi- 2 DENT.] When, in any action at law or action in equity, there are more than two 3 defendants, the copies of the papers hereinbefore provided to be attached 4 to the originals or copies of the summonses or writs shall not be 5 attached to the originals or copies of the summoneses or writs to be served 6 upon more than the first two persons named as defendants; and when, in any 7 action, any defendant or group of defendants not served with copies of such 8 papers shall enter an appearance separate from the appearance of the parties 9 who have received such copies, the plaintiff shall, upon notice in writing of such 10 appearance, deliver to said defendant, or group of defendants, or to 11 their respective attorneys, a copy of each of said papers. Each defendant or 12 group of defendants in any action, whether at law or in equity, who have been 13 notified by publication of notice only and who enter separate appearances, shall 14 likewise receive from the plaintiff, upon notice in writing of such appearance, 16 copies of each of the papers required by this Act to be delivered to defend- 17 ants personally served with the summons or writ. Sec. 206. Who may serve summons ok writ— proof of service— officer's 2 RETURN— affidavit OF SERVICE.] Any summons may be served by any sheriff, 132 3 deputy sheriff, coroner or deputy coroner of the county in which such service 4 is had, or by any bailiff or deputy bailiff of any court of record in such county, 5 or by any person over the age of eighteen years, not a party to the action ; but 6 an attachment writ, replevin writ or capias ad respondendum or' other writ 7 or warrant requiring the arrest of the defendant, must be served and executed 8 by a sheriff, deputy sheriff, coroner or deputy coroner or bailiff or deputy bailiff 9 of a court of record, or by some person specially authorized thereto by the 10 court by endorsement by the judge of the order therefor upon such writ. When 11 service or execution of any summons or writ is made by any sheriff, deputy 12 sheriff, coroner, deputy coroner, bailiff or deputy bailiff, proof of such service 13 may be made by the return of such officer endorsed upon such summons or writ 14 and signed by him. When service of any summons is made by any person other 15 than a sheriff, deputy sheriff, coroner, deputy coroner, bailiff or deputy bailiff, 16 proof of such service shall be made by the affidavit of the person making such 17 service endorsed on such summons or attached thereto, which affidavit shall 18 state the name, place of residence, age and occupation of the person making such 19 service, and the date, place and manner of such service. When the plaintiff de- 20 livers any summons or writ for service to any sheriff, deputy sheriff, coroner, 21 deputy coroner, bailiff or deputy bailiff, the plaintiff shall at the same time 22 deliver to such officer the copies of the summons or writ, with copies of the 23 praecipe and statement of claim, praecipe, distress warrant and inventory, peti- 24 tion or information or bill of complaint in equity, praecipe, affidavit and bond 25 in attachment, or, praecipe, affidavit and bond in replevin, as the case may be, 26 and of all other papers required to be served upon the defendant or upon any 27 garnishee, attached thereto, to be delivered to the defendant or garnishee as 28 provided in the preceding section. The fees of any sheriff, deputy sheriff, eoro- 29 n'er, deputy coroner, bailiff or deputy bailiff for the service of any summons 30 or writ shall be such as may be provided, from time to time, by law and when- 31 ever any summons is served by any person other than a sheriff, deputy sheriff, 133 32 coroner, deputy coroner, bailiff or deputy bailiff, the party in wbose behalf the 33 summons is served shall be entitled to have taxed as costs in the action in his 34 favor an amount equal to one-half of the fees allowed by law to any sheriff for 35 such service. The return of any officer of the service of any summons or writ, 36 or the affidavit of service, when the same is not by an officer, shall be made, when 37 practicable, upon such summons or writ or shall be attached thereto. It shall be 38 unnecessary to attach to the summons or writ thus returned copies of the papers 39 served therewith, but it shall be sufficient that the return or affidavit specify that 40 the copies of the papers, naming them, were served with such summons or writ. 41 The following forms of returns and affidavits of service shall be deemed sufficient 42 and shall be taken as suggestions from which other returns and affidavits of 43 service may be properly framed: 44 1.. Officer's return of service of writ of replevin. 45 I hereby certify that I have duly served the within writ of replevin this 46 18th day of February, 1908, by delivering a copy thereof, together with a copy 47 of the plaintiff's praecipe, affidavit for replevin and replevin bond, to the above 48 named defendant, Eichard Roe, and informing said Richard Roe of the con- 49 tents of such copy of the writ of replevin, and that I have further executed the 50 same by replevying from the possession of the defendant, Richard Roe, the 51 within described property, to-wit : one bay horse about six years old with white 52 star in forehead and one roan horse about five years old, and delivering the 53 same to the plaintiffs, John Doe and William Doe. 54 Henry Brown, 55 Sheriff of Cook Coimty. 56 2. Affidavit op service of summons. 57 Henry Smith on his oath says that he resides at 1875 Washington Boule- 58 vard, Chicago, Illinois ; that his age is twenty-five years and his occupation that 59 of a clerk in the office of Jones & Brown, attorneys at law, 817 Marquette 60 Building, Chicago, Illinois ; and that he has duly served the within summons this 61 18th day of February, 1908, by delivering a copy thereof, together with a copy 62 of the plaintiff's praecipe and statement of claim, to Mary Roe at the usual 134 63 place of abode of the within named defendant, Eichard Roe, the said Mary Roe 64 bein,g a person of the family of said Richard Roe and of the age of upwards 65 of ten years, and informing said Mary Roe of the contents of such copy of the 66 summons at Chicago, Illinois, service being made upon said Mar-^^ Roe because 67 said Richard Roe could not be conveniently found. Henry Smith. 68 Subscribed and sworn to before me this 18th day of February, 1908. 69 John Smith, Clerk. Sec. 207. Acceptance of service.] In lieu of a return or affidavit of ser- 2 vice of a summons it will be sufficient if there be indorsed upon the summons 3 an acceptance of service thereof, signed by the person served, or by any attor- 4 ney at law duly authorized by such person to represent him in the action. The 5 following forms of acceptance of service provided for in this section shall be 6 deemed sufficient and shall be taken as furnishing suggestions from which other 7 acceptances of service may be properly framed: 8 1. Dependant's acceptance of service. 9 I, Richard Roe, defendant, hereby accept service of this writ this 18th day 10 of February, 1908. 11 Richard Roe. 12 2. Attorney's acceptance of service. 13 I, Henry Smith, attorney at law, hereby accept service of the above writ 14 for the defendant, Richard Roe, .this 18th day of February, 1908. 15 Henry Smith. Sec. 208. Officer or process server to be admitted to building other than 2 dwelling house — PENALTY FOR REFUSAL TO ADMIT.] Any officer Or other person 3 authorized by this Act to serve or execute any summons, citation or other 4 writ, and having in his possession any such summons, citation or writ, shall be 5 entitled, for the purpose of serving the same, to enter any building or room in 6 which he may have reason to believe the person intended to be served may 7 then be found, otherwise than a dwelling house, or room occupied as a dwelling 8 place, at any time of any week day other than a holiday, between -the hours of 135 9 nine o'clock A. M. and five o'clock P. M. and any person who, after being in- 10 formed of the purpose of such officer or person and the exhibition to him of 11 the summons, citation or other writ, or, when such exhibition is impracticable, 12 by being informed by such officer or person, of his possession of such sum- 13 mons, citation or other writ, and of his purpose to serve the same, shall pre- 14 vent or attempt to prevent such officer or other person from entering such build- 15 ing or room and serving such summons, citation or other writ, shall be deemed 16 guilty of a criminal contempt of court and shall be punished therefor in the 17 manner prescribed by this Act. Sec. 209. Pboceduee when officee oe otheb peocess sbbveb eefused admis- 2 sioN TO DWELLING HOUSE.] When an officer or other person having in his pos- 3 sion any summons, citation or other writ for the purpose of sei^^ing the same, 4 shall be refused admission at any time between the hours of nine o'clock A. 5 M. and five o'clock P. M. to any dwelling house or room occupied as a dwelling 6 place, in which a person to be served with such summons, citation or other 7 writ resides, after having made known, or attempted to make known, to the per- 8 son or persons then within such dwelling house or room his purpose to serve 9 such summons, citation or other writ, it shall be lawful for such officer or oth?r 10 person having such summons, citation or other writ to fasten, as securely as 11 may be practicable, a copy of the summons, citation or other writ, together 12 with such papers as may be attached to such copy, to the front door of such 13 dwelling house or room, and thereupon such summons, citation or other writ 14 shall be deemed as duly and properly served as if such copy or copies had been 15 delivered to the defendant personally and such defendant had been duly in- 16 formed of the contents of such copy of the summons, citation or other writ. The 17 following shall be deemed sufficient forms of officer's return and of affidavit of 18 proof of service under the provisions of this section and shall be taken as fur- 19 nishing suggestions from which other forms of returns and affidavits of service 20 may be properly framed: , ^ 136 21 1. Officbb's return of service. 22 I hereby certify that I have duly served the within summons this 18th day 23 of February, 1908, by fastening as securely as was practicable a copy thereof, 24 together with a copy of the plaintiff's praecipe and statement of claim, to the 25 front door of ,the dwelling house known as 640 Lincoln Avenue, Chicago, Illinois, 26 being the dwelling house in which the above named defendant, Richard Roe, 27 resides, after having made known to a person then within such dwelling house 28 my purpose to serve said summions upon said Richard Roe and having been re- 29 fused admission to said dwelling house between the hours of 9 o'clock A. M. 30 and 5 o'clock P. M. and about the hour of 11 :30 o'clock A. M. of said day. 31 ' Henry Brown, 32 Sheriff of Cook County 33 2. Affidavit of service. 34 Henry Smith, on his oath, says that he resides at 1875 Washington Boule- 35 varf, Chicago, Illinois ; that his age is twenty-five years and his occupation that 36 of a clerk in the office of Jones & Brown, attorneys at law, 817 Marquette 37 building, Chicago, Ilinois ; and that he has duly served the within summons this 38 18th day of February, 1908, by fastening as securely as was practicable a 39 copy thereof, together with a copy of the plaintiff's praecipe and statement of 40 claim, to the front door of the dwelling house known as 640 Lincoln Avenue, 41 Chicago, Illinois, being the dwelling house iu which the above named defendant, 42 Richard Roe, resides, after having made known to a person then within such 43 dwelling house of his purpose to serve said summons upon said Richard Roe 44 and having been refused admission to said dwelling house between the hours 45 of 9 o'clock A. M. and five o'clock P. M. and about the hour of 11:30 o'clock 46 A. M. of said day. 47 Henry Smith, 48 Subscribed and sworn to before me this 18th day of February, 1908. 49 John Smith, 50 Clerk. Sec. 210. Penalty for evading or obstructing service of summons, etc.] 2 Whoever, knowing, or having good reason to believe, that an officer or other 3 person has in his possession, for the purpose of serving upon him, any summons, 4 citation or other writ, shall wilfully evade or obstruct the service thereof shall 137 5 be deemed guilty of a criminal contempt of court and shall be punished therefor 6 in the manner prescribed by this Act. Sec. 211. Penalty foe falsely peetending possession of summons, etc., 2 FOE SEEvicE.] If any officcr or. othcr persou shall falsely pretend to any other 3 person to have in his possession, for the purpose of serving the same, any sum- 4 mons, citation or other writ, when in fact the same is not in his possession or it 5 is not in his possesion for the purpose of service, he shall be deemed guilty of a 6 erimiinal contempt of court and, upon conviction thereof, shall be punished 7 therefor in the manner prescribed by this Act. Sec. 212. Penalty foe'false eetubn oe AFFmAViT of seevice.J Any officer 2 or other person who shall knowingly and wilfully make a false return or affidavit 3 of the service of any summons, citation or other writ, issued in pursuance of 4 this Act shall be deemed guilty of a felony and, upon conviction thereof, shall 5 be confined in the penitentiary for a term of not less than one (1) year nor more 6 than five (5) years. Sec. 213. Peeson guilty of misconduct to be peohibited feom seeving 2 PEOCESS.] Upon proof to the satisfaction of any court of record in any county 3 that any person employed for the service of any summons, citation or other 4 writ, is not a person of good character, or that he has so misconducted himself 5 in respect to the service of any summons, citation or other writ, that he can 6 not be properly employed in the work of serving any process of the court, the 7 court may make an order disqualifying such person from such employment 8 and thereafter such person shall be disqualified from serving anv summons, ci- 9 tation or other writ issuing out of any court of this State. But no such order 10 shall be made without notice to the person so disqualified and an opportunity 11 to be heard, and any order so made may, on the apphcation of such person, be 12 reviewed by the supreme court by writ of error. 138 Sec. 214. Attachment WRIT- -HOW executed upon property— certificate 2 of levy.] An attachment writ, in addition to being served upon tJie defendant 3 in the manner hereinbefore provided, shall be executed upon the property of 4 the defendant, or upon any property in and to which the defendant has or may 5 claim any equitable interest or title of sufficient value to satisfy the plaintiff's 6 claim with the costs of the action. When such writ is levied upon any real estate 7 in any case it shall be the duty of the officer making the levy to file a certifi- 8 cate of such fact with the recorder of the county where such land is situated; 9 and from and after the filing of the same such levy shall take effect as to 10 creditors and bona fide purchasers, without notice and not before. Such certifi- 11 cate may be in substantially the following form; 12 In the Circuit Court op Cook County, Illinois. 13 John Doe | 14 v. [ Attachment. No. 28. 15 Eichard Roe. ) 16 Certificate op Levy. 17 I, Henry Brown, sheriff of Cook county, Illinois, do hereby certify that by 18 virtue of a certain writ of attachment to me directed from the circuit court of 19 Cook county, Illinois, in favor of John Doe, plaintiff, and against Eichard 20 Eoe, defendant, dated the 10th day of February, 1908, I did, on this 11th day 21 of February, 1908, levy on the right, title and interest of said defendant in and 22 to the the following real estate, to-wit : 23 (Here insert description of real estate.) 24 Henry Brown, Sheriff, 25 By William White, Deputy. Sec. 215. Pursuit op dependant removing property.] If the defendant 2 in a writ of attachment, or any person for him, shall be in the act of removing 3 any personal property the officer may pursue and take the same in any county 4 in this State and return the same to the county from which such attachment 5 issued. 139 See. 216. Debtor absconding, etc. — sebvice op attachment on Sunday.] 2 If it shall appear, by the affidavit, that a debtor is actually absconding, or is con- 3 cealed, or stands in defiance of an officer duly authorized to arrest him on civil 4 process, as aforesaid, or has departed this State with the intention of having 5 his effects and personal estate removed out of the State, or intends to depart 6 with such intention, it shall be lawful for the clerk of the court in which an 7- action of attachment is commenced to issue, and for the sheriff or other officer 8 to serve, an attachment against such debtor on a Sunday, or holiday, as on any 9 other day. Sec. 217. Forthcoming bond— form.J The officer serving a writ of attach- 2 ment shall take and retain the custody and possession of the property attached 3 to answer and abide the judgment of the court, imless the person in wh.ose pos- 4 session the same is found shall enter into bond and security to the officer to 5 be approved by him, in double the value of the property so attached, con- 6 ditioned that the said estate and property shall be forthcoming to answer the 7 judgment of the court in said action. The sheriff, or other officer, shall return 8 said bond, on or before the date specified in the writ of attachment for the 9 appearance of the defendant, and shall likewise deliver a copy thereof to the 10 plaintiff in the attachment. The bond provided for in this section may be in 11 substantially the following form: 12 In the Circuit Court of Cook County, Illinois. [ Attachment. No. 28. 13 John Doe 14 V. 15 Richard Roe. 16 Forthcoming Bond. 17 Know all men by these presents. That we, Richard Roe, as principal, and 18 Henry Roe, as surety, are held and firmly bound unto the People of the State 19 of Illinois in the penal sum of two thousand dollars ($2,000), for the payment 20 of which well and truly to be made we bind ourselves, our heirs, executors, ad- 140 21 ministrators and assigns, jointly and severally, firmly by these presents. 22 Witness our hands and seals this 12th day of February, 1908. 23 The condition of this obligation is such that whereas on the 10th day of 24 February, 1908, a certain writ of attachment issued out of the circuit court of 25 Cook county, Illinois, upon the application of John Doe, plaintiff, against the 26 estate of the above bounden Richard Eoe, defendant, directed to the sheriff 27 of Cook county, Illinois, to execute, by virtue of which said writ the said 28 sheriff, Henry Brown, has attached the following described property, to-wit: 29 (Here describe the property attached.) 30 And whereas the said Richard Roe, in whose possession the said property 31 was found, is desirous of retaining the custody thereof according to the pro- 32 visions of the statute. 33 Now, if the said estate and property shall be forthcoming to answer the 34 judgment of the court in said action then this obligation is to be void; other- 35 wise the same is to be and remain in full force and effect. 36 Approved February 12, 1908. Eichakd Roe. (Seal.) 37 James Beown, Sheriff. Hekky Rob. (Seal.) Sec. 218. Bond to pay judgment— foem.] Any defendant in an attachment ac- 2 tion desiring the return of property attached may, at any time at his option, in- 3 stead of or in substitution for the bond required in the preceding section, give 4 like bond with security to be approved by the officer levying the writ of at- 5 tachment in a sum sufficient to cover the claim sworn to in behalf of the plain- 6 tiff, with all interest, damages and costs of the action, conditioned that t!he 7 defendant will pay the plaintiff the amount of the judgment and costs which 8 may be rendered against him in that action on a final trial, within ninety days 9 after such judgment shall be rendered. Such bond shall be taken by the sheriff 10 or other officer who shall return the same, together with a copy thereof, to 11 the court in which the action is brought, and shall also deliver a copy thereof 12 to the plaintiff in the attachment action. Such bond may be in substantially 13 the following form : 141 14 In the Ciecuit Cottbt of Cook County, Illinois. Attachment. No. 28. 15 Jo^liTi Doe 16 V. 17 . Richard Roe, 18 Bond to Pay Judgment. 19 Know all men by these presents. That we, Richakd Roe, as principal, and 20 Hrnry Roe, as surety, are held and firmly bound unto the People of the State 21 of Illinois in the penal sum of two thousand dollars ($2,000), for the payment 22 of which well and truly to be made we bind ourselves, our heirs, executors, 23 administrators and assigns, jointly and severally, firmly by these presents! 24 Witness our hands and seals this 12th day of February, 1908. 25 The condition of this obligation is such .that whereas on the 10th day of 26 February, 1908, a certain writ of attachment issued out of the circuit court of 27 Cook county, Illinois, on the application of John Doe, as plaintiff, against the 28 estate of said Richard Roe, defendant, directed to the sheriff of Cook county. 29 lUinois, to execute, by virtue of which said writ the said sheriff, Henry Brown, 30 has attached certain property as property of said Richard Roe. 31 And whereas, the said Richard Roe, in whose possession the said prop- 32 erty was found, is desirous of a return of the propertj^ so attached according 33 to the provisions of the statute: 34 Now, if the said Richard Roe shall pay to the said John Doe the amount of 35 the judgment and costs, if any, which may be rendered against him, the said 36 Richard Roe, in the action in which said writ of attachment has issued, on a 37 final trial, within ninety days after such judgment shall be rendered, then this 38 obligation is to be void; otherwise the same is to be and remain in full force 39 and effect. Richard Roe. (Seal.) 40 Approved February 12, 1908. Henry Roe. (Seal.) 41 James Brown, Sheriff. Sec. 219. Recognizance to pay judgment.] In lieu of giving the bond pro- 2 vided for in the precedi^g section a recognizance may be taken in open court 3 and entered of record with like condition, in which case the court shall appprove 4 the security and the recognizance made to the plaintiff, and upon a forfeiture 5 of such recognizance judgment may be rendered and execution issued as in other 6 cases of recognizances. When any such bond mentioned in the preceding se&- 7 tion shall have been taken or any recognizance provided for in this section shall 142 8 have been entered into, the attachment shall be dissolved and the property taken 9 restored, and all previous proceedings, either against the sheriff or against the 10 garnishees, set aside and the action shall proceed as if the defendant had been 11 duly served with a summons. Sec. 220. Failube op sheeiff to eetubn bond, etc.] If the sheriff or 2 other officer shall fail lo return a bond taken in any attachment action by virtue 3 jof the provisions of this Act, or shall have neglected to take one when he ought 4 to have done so in any attachment issued under any of the provisions of this 5 Act, the plaintiff in the judgment may cause a rule to be entered, at any time 6 within ten days after the time fixed in the writ of attachment for the appear- 7 ance of the defendant, requiring the said sheriff or other otficer to return the 8 said bond, or in case no bond has been taken, to show cause why such bond 9 was not taken. If the said sheriff or other officer shall not return the said 10 bond within one day thereafter or show legal' and sufficient cause why the said 11 bond had not been taken, judgment shall be entered up a,gainst him for the 12 amount of the plaintiff's claim with the costs of the action and execution may 13 thereupon issue against such sheriff or other officer for the same whenever judg- 14 ment shall have been entered against the defendant in the attachment. Sec. 221. Exception BY PLAINTIFF TO BOND. J The plaintiff in an attachment 2 action may at any time within thirty days after notice of the return of any 3 bond by the sheriff or other officer except to the sufficiency thereof, reasonable 4 notice of such exception having been given to the sheriff or other officer who 5 took the same, and, if, upon the hearing, the court shall adjudge such security 6 insufficient, such sheriff or other officer shall be subject to the same judgment and 7 recovery and have the same liberty of defense as if he had been made defend- 8 ant in the attachment, unless good and sufficient security shall be given within 8 such time as may be directed by the court and execution may issue thereupon 10 as in other cases of judgment. Whenever the judgment of the plaintiff, or any 143 11 part thereof, shall be paid or satisfied by any such sheriff or other offi- 12 cer, he shall have the same remedy against the defendant for the amount so 13 paid by him as is now provided by law for bail against their principal, where 14 a judgment is paid or satisfied by them. Sec. 222. When plaintiff mat sue on bond.] If the plaintiff shall not 2 except to the bond taken by the sheriff or other of&cer as aforesaid, or the ex- 3 ceptions are not sustained and such bond shall be forfeited, the plaintiff in the 4 attachment may bring action thereon in his own name the same as if such bond 5 had been assigned to him and judgment shall be igiven for the plaintiff against 6 the obligors in the bond for the value of the property, or, if the property is 7 greater than the amoimt due upon the execution, then for the amount due and 8 the costs of the action. Sec. 223. Sustenance of live stock — compensation.] When any sheriff 2 or other officer shall serve an attachment on horses, cattle or live stock, and 3 tihe same shall not be immediately replevied or restored to the debtor, such 4 officer shall provide sufficient sustenance for the support of such live stock until 5 the same shall be sold or discharged from such attachment. He shaU receive 6 therefor a reasonable compensation to be ascertained and determined by the 7 court out of which the attachment issued and charged in the fee bill of such 8 officer and the same shall be collectible as part of the costs. Sec. 224. Disposition of perishable pkoperty.] When any goods and chat- 2 tels shall be levied on by virtue of any attachment and the sheriff or other 3 officer in whose custody such goods and chattels are shall be of opinion that the 4 same are of a perishable nature and in danger of immediate waste or decay, 5 such sheriff or other officer shall summon three respectable freeholders of his 6 county, who shall examine the goods and chattels so levied on and if said free- 7 holders shall, on oath or affirmation, certify that in their opoinion they are of a 8 perishable nature and in danger of immediate waste and decay, then such goods : '' 144 9 and chattels shall be sold at public vendue by the sheriff or other, officer, he 10 liaving jfirst advertised such sale at the court house and two other public places 11 in his county at least ten days before the sale: Provided, such property may 12 be sold upon such notice less than, ten days as the examiners shall certify will 13 be for the best interest of the parties concerned. The money arising from such 14 sale shall be liable to the judgment obtained upon such attachment and depos- 15 ited in the hands of the clerk of the court to which the process shall be return- 16 able there to abide the event of such action. Sec. 225. Shares of stock— how levied on— sxfbsequent assignment.] The 2 shares of stock or interest of a stockholder in any corporation may be levied 3 on under a writ of attachment, but, in all cases where such shares of stock or 4 interest have been sold or pledged in good faith for a valuable consideration 5 and the certificate thereof has been delivered upon such' sale or pledge, such 6 shares of stock or interest shall not be sold on the execution issued in such 7 attachment action against the vendor or pledgor excepting for the excess of the 8 value thereof over and above the sum for which the same may have been 9 pledged and the certificate thereof delivered. Such writ of attachment may be 10 levied by leaving an attested copy thereof with the clerk, treasurer or cashier of 11 the company, if there is any such officer, otherwise with any officer or person 12 having the custody of the books and papers of the corporation; and the prop- 13 erty shall be considered as seized on attachment when the copy is left and shall 14 be sold under the execution issued in such attachment action in like manner 15 as goods and chattels. No assignment, transfer or pledge of any such shares 16 of stock made by the judgment debtor after an attested copy of the writ of 17 attachment is left with the clerk, treasurer, cashier or other officer of the com- 18 pany as aforesaid, shall be of any validity as against such writ of attachment. Sec. 226. Weit op replevin— how executed.] A writ of replevin, in addi- 2 tion to being served upon the defendant in the manner hereinbefore provided, 145 3 shall be executed by the officer by seizing the personal property therein de- 4 scribed and delivering the same to the plaintiff in the action, or to his agent. Sec. 227. Peopebtt not delivebed — citation— okdeb foe deliveet— foems.] 2 When it appears by the return of the officer that demand has been made upon 3 the defendant for the property described in the writ of replevin, but that such 4 property or any portion thereof has not been delivered by the defendant to 5 the officer or otherwise taken, the plaintiff, if he believe the property not so 6 delivered to have been in the possession or under the control of said defendant 7 at the time of such demand, may apply to the court for, and obtain, as a matter 8 of course, a citation to the defendant requiring him to appear before the court 9 at a time and place specified in such citation to be examined respecting such 10 property ; and if it shall appear that such property is in the possession or un- 11 der the control of the defendant, the court may make an order requiring the 12 defendant to forthwith deliver the same, or cause 'the same to be delivered, to 13 the officer to be received by the officer subject to the final judgment in the action 14 and may enforce compliance with such order by attachment of the defendant 15 and the punishment of the defendant as for a civil contempt of court or by 16 other appropriate process. Such citation may be served by any officer or person 17 authorized by this Act to serve a summons and such service may be made by 18 delivering to the defendant a copy of such citation, together with a copy of 19 the plaintiff's application, and informing the defendant of the contents of such 20 copy of the citation at least two (2) days prior to the day fixed therein for 21 the appearance of the defendant, which day shall be not less than three (3) 22 nor more than ten (10) days after the date thereof. The following forms of 23 application and citation under this section shall be deemed sufficient and shall 24 be taken as furnishing suggestions from which other applications and citations 25 may be properly framed: 146 26 1. Application for citation in replevin. 27 In the Circuit Court of Cook County, Illinois. 28 John Doe ) 29 V. [ Replevin. No. 40. 30 Eichard Roe. ' 31 Application for Citation. 32 The plaintiff says : \ 33 1. That a writ of replevin was issued in the above entitled action on the 34 10th day of February, 1908, in and by which the sheriff of Cook county was 35 commanded to replevy from the possession of the defendant and deliver to the 36 plaintiff one bay horse with a white star in the forehead and one black and 37 white cow. 38 2. That said sheriff returned said writ on the 17th day of February, 39 1908, with his return indorsed thereon showing that demand had been made 40 upon the defendant for the property described in said writ of replevin, but that 41 said black and white cow had not been delivered by the defendant to the sheriff 42 or otherwise taken. 43 3. That plaintiff verily believes that said black and white cow was in the 44 possession or under the control of said defendant at the time of the demand 45 made upon the defendant by the sheriff as aforesaid. 46 Wherefore plaintiff prays for a citation to the defendant requiring him to 47 appear before the court at ten o'clock a. m. on February 25, 1908, for examin- 48 ation respecting said property. John Doe, 49 By Henry Brown, 50 His Attorney. 51 John Doe on his oath says that the foregoing application by him subscribed 52 is true in substance and in fact. John Doe. 53 Subscribed and sworn to before me this 18th day of February, 1908. 54 . John Smith, Clerk. 55 2. Citation in replevin. 56 In the Circuit Court of Cook County, Illinois. 57 John Doe ) 58 V. y Replevin. No. 40. 59 Richard Roe. ' 60 Citation for Defendant. 61 The People of the State of Illinois— Greeting to Richard Roe: 62 We hereby command you to personally be and appear before the circuit 63 court of Cook county, Illinois, at the county court house in Chicago in said 147 64 county, at ten o'clock a. m. on Tuesday, the 25tli day of February, 1908, to be 65 examined under oath concerning the property described in the writ of replevin 66 in the above entitled action and not delivered by you to the sheriff of said Cook 67 county. 68 Witness John Smith, cilerk of said circuit court and the seal thereof, 69 at Chicago, Illinois, this 18th day of February, 1908. 70 John Smith, Clerk. Sec. 228. Duty of defendant to deijveb pbopekty — contempt of cotjbt — 2 power op coxjkt.J It shall be the duty of every defendant in an action of re- 3 plevin, upon being served by the proper officer with the writ of replevin issued 4 in such action, unless he shall elect to enter into a bond as provided in the suc- 5 ceeding section, to deliver or cause to be delivered to the officer the property 6 described in such writ, or such portion thereof as may be then in the posses- 7 sion or under the control of such defendant, and a failure to so deliver such 8 property, when the same is in the possession or under the control of the de- 9 fendant, shall be deemed a contempt of court and shall be punished accord- 10 ingly ; and if, after the service upon the defendant of a writ of replevin, the 11 defendant shall, for the purpose of defeating the seizure of the property by 12 the officer, or otherwise, deliver or cause to be delivered such property to any 13 third person, the court shall have full power and authority, by summary pro- 14 ceedings, to pursue the said property into whosoever hands the same may 15 come and to cause the same to be delivered to the officer to be disposed of under 16 such writ. Sec. 229. Ketention or pbopekty by defendant — fobthcoming bond.] The 2 defendant in an action of replevin, having possession of the property or any 3 portion thereof described in the writ of replevin, may be permitted to retain 4 the same, or any portion thereof, upon his entering into a bond with security 5 to the plaintiff, to be approved by the officer serving the writ, in double the 6 value of the property proposed to be retained, conditioned that the property 148 7 so retained shall be forthcoming to answer the judgment of the court in said 8 action, and to that end the oflScer having the writ shall, before delivering the 9 property described in the writ to the plaintiff, afford the defendant reason- 10 able opportunity for the giving of such bond. The officer taking such bond 11 shall return the same on or before the date specified in the writ of replevin for 12 the appearance of the defendant and shall likewise deliver a copy thereof to 13 the plaintiff in the action. The bond provided for in this section may be in 14 substantially the following form: 15 In the CmcxJiT Court of Cook County, Illinois. 16 John Doe, I 17 vs. ■ [-Replevin. No. 40. 18 Richard Roe, J 19 Forthcoming Bond. 20 Know all men by these presents, That we, Richard Roe, as principal, and 21 Henry Roe, as surety, are held and firmly bound unto John Doe in the penal 22 sum of two thousand dollars ($2,000), for the payment of which well and truly 23 to be made we bind ourselves, our heirs, executors, administrators and assigns, 24 jointly and severally, firmly by these presents. 25 "Witness our hands and seals this 12th day of February, 1908. 26 The condition of this obligation is such that whereas on the 10th day of 27 February, 1908, a certain writ of replevin issued out of the circuit court of Cook 28 county, Illinois, upon the application of said John Doe, plaintiff, against said 29 Richard Roe, defendant, directed to the sheriff of Cook county, to execute, by 30 virtue of which said writ the said sheriff, Henry Brown, was commanded to 31 cause to be replevied from the possession of said Richard Roe and to be de- 32 livered to said John Doe the following goods and chattels, to- wit: 33 (Here insert description of property about to be replevied.) 34 And, whereas, the said Richard Roe, in whose possession the said property 35 now is, is desirous of retaining the custody thereof pending the determination 36 of the action according to the provisions of the statute : 37 Now, if the said property shall be forthcoming to answer the judgment of 38 the court in said' action, then this obligation is to be void, otherwise the same 39 is to be and remain in full force and effect. 40 Approved, February 12, 1908. 41 Richard Rob, [seal.] 42 Henry Roe, [seal.] 43 James Brown, Sheriff. 149 44 Note. 45 If the property proposed to be retained is only a portion of the prop- 46 erty described in the writ of replevin the above form may be varied from 47 accordingly. Sec. 230. Return op peopekty to defendant pending action — ^forthcom- 2 iNG BOND.] The defendant in an action of replevin from whose possession any 3 property described in the writ of replevin has been taken and delivered to the 4 plaintiff may, at any time before the final determination of the action, secure 5 the return thereof, pending such determination of the action, upon application 6 to the court for such return and upon his entering into a bond with security 7 to the plaintiff, to be approved by the court, in double the value of the prop- 8 erty to be returned, conditioned that the property so returned shall be forth- 9 coming to answer the judgment of the court in said action. The bond so taken 10 shall be filed in the action and a copy thereof shall likewise be delivered by 11 the defendant to the plaintiff. The bond provided for in this section may be 12 in substantially the following form: 13 In the Circuit Court of Cook County, Illinois. 14 John Doe i V. lEeplevin. No. 40. 15 Richard Roe, J 16 Forthcoming Bond. 17 Know all men by these presents, That we, Richard Eoe, as principal, and 18 Henry Roe, as surety, are held and firmly bound unto John Doe in the penal 19 sum of two thousand dollars ($2,000), for the payment of which well and truly 20 to be made we bind ourselves, our heirs, executors, administrators and assigns, 21 jointly and severally, firmly by these presents. 22 Witness our hands and seals this 18th day of February, 1908. 23 The condition of this obligation is such that, whereas, on the 10th day of 24 February, 1908, a certain writ of replevin issued out of the circuit court of 25 Cook county, Illinois,, on the application of John Doe, as plaintiff, against said 26 Richard Roe, as defendant, directed to the sheriff of Cook county, Illinois, to 150 27 execute, by virtue of which said writ the said sheriff, Henry Brown, has re- 28 plevied from the possession of said Eichard Eoe and delivered to said John Doe 29 the following described property, to-wit: 30 (Here describe property replevied.) 31 And, whereas, the said Richard Roe, from whose possession the said prop- 32 erty was replevied, is desirous of a return of the same pending the determina- 33 tion of said action according to the provisions of the statute : 34 Now, if the said property shall be forthcoming to answer the judgment of 35 the court in said action, then this obligation is to be void; otherwise the same is 36 to be and remain in full force and effect. 36 Approved February 18, 1908. 37 John Jones, Judge. Richard Roe, [seal.] 38 Henry Roe, [seal.] Sec. 231. - Duty of oepicer to serve summons or writ— penalty.] It shall 2 be the duty of the sheriff, deputy sheriff, coroner, deputy coroner, bailiff or 3 deputy bailiff, to whom any summons or writ is issued and delivered, to serve 4 the same, when it shall be practicable, at least five days before the day specified 5 therein for the appearance of the defendant, or at all events prior to the day so 6 specified for such appearance, and to return the same within not more than two 7 days after the same shall have been served upon the defendant or defendants 8 therein named, and at all events on or before the day specified in such summons 9 for the appearance of the defendant. If any sheriff , deputy sheriff , coroner, deputy 10 coroner, bailiff, or deputy bailiff to whom any summons or writ shall have been 11 delivered shall neglect or refuse to make return of the same before or on the 12 day therein specified for the appearance of the defendant, the plaintiff may 13 enter a rule requiring such sheriff, deputy sheriff, coroner, deputy coroner, 14 bailiff or deputy bailiff to make return of such summons or writ on a day to 15 be fixed by the court, or to show cause on that day why he should not be at- 16 tached for a contempt of court; and the plaintiff shall thereupon cause a writ- 17 ten notice of such rule to be served upon such sheriff, deputy sheriff, coroner, 18 deputy coroner, bailiff or deputy bailiff, and if good and sufficient cause be not 151 19 shown to excuse such officer the court shall adjudge him guilty of contempt and 20 shall proceed to punish him as in other eases of contempt. Sec. 232. Alias and pltjeies summonses and weits.] In case any summons 2 or writ shall not be served upon the defendant prior to the day specified for 3 the appearance of the defendant, or if any writ of attachment or replevin shall 4 not have been executed by the levy upon or seizure of the property subject to 5 be levied upon or seized under such writ, an alias summons or writ may be 6 issued and a subsequent pluries summons or writ may be issued in any case 7 when the previous alias or pluries summons or writ shall not have been 8 served upon the defendant prior to the day specified in the previous summons 9 or writ for the appearance of the defendant, or when any previous alias or 10 pluries writ of attachment or replevin shall not have been executed by the 11 levy upon or seizure of the property subject to be levied upon or seized under 12 such writ. Service or execution of such alias or pluries summons or writ shall 13 be made in the same manner as that above provided for the service or execution 14 of the original summons or writ. Sec. 233. Service of summons oe weit without the state.] Service of 2 any summons or writ may likewise be made in any case in which notice by pub- 3 cation may be given as hereinafter provided by service thereof at any place 4 without this State, such service to be made in the same manner and upon the 5 same person or persons as if made within this State: Provided, however, that 6 no person served with summons beyond the limits of this State shall be re- 7 quired to enter his appearance until the lapse of twenty days after such service ; 8 and, provided, further, that the copy of the summons delivered to the person 9 served in any such case shall have attached thereto a copy of the plaintiff's 10 praecipe and statement of claim, praecipe, distress warrant and inventory, prae- 11 cipe, petition, or information, or bill of complaint in equity, or praecipe, affi- 12 davit and bond in attachment, or praecipe, affidavit and bond in replevin, as the 152 13 Qase may be, and of all other papers required by this act to be served upon the 14 defendant. When the person thus served, is, at the time of such service, a 15 resident of this State, and his absence therefrom is but temporary, he shall be 16 bound by any order, judgment or decree entered in the action to the same ex- 17 tent, and such order, judgment or decree may be enforced against him indi- 18 vidually or against any of his property within this State, in like manner, as if 19 such summons or writ had been served within this State. Sec. 234. Capias ad respondendum— how sekated.] A capias ad responden- 2 dum shall be served by arresting the defendant and delivering to him a copy 3 of such capias ad respondendum together with a' copy of the plaintiff's state- 4 ment of claim and affidavit with the order of the judge or master in chancery 5 endorsed thereon, and the ofiicer making the arrest shall thereupon proceed in 6 accordance with the provisions of the Act entitled "An Act concerning bail in 7 civil cases," approved January 22, 1872, and in force July 1, 1872, Sec. 235. Service or quasi criminal warrant.] A warrant issued as here- 2 inbefore provided in a quasi criminal action to recover a fine or penalty for 3 a violation of an ordinance of a municipal corporation shall be served and exe- 4 cuted in the manner provided in the division of this Act dealing with said action. Sec. 236. Service op habeas corpus, ne exeat, or bastardy warrant.] A 2 writ of habeas corpus, a writ of ne exeat or a bastardy warrant shall be served 3 in the manner provided in the divisions of this Act dealing with said actions 4 respectively. 153 DIVISTOX XVI. NOTICE BY PUBLICATION. Section 237. When defendant may be notified by publication. 238. Xotice by publication in courts of original jurisdiction to non-residents — forms of affidavit — form of notice. 239. Xotice to unknown owners, heirs and devisees — affidavit — forms. 240. Publication in case of writ of error — forms. Section 241. When notice not to be void for in- sufficiency of affidavit. 242. ^^^hen notice may be given — ^publica- tion — default. 243. Payment of fees of publisher. 244. Publisher's fees fixed by judges — designation of newspaper — rebates forbidden. Sec. 237. When defendant may be notified by publication.] A defend- 2 ant may be notified of the pendency of an action or proceeding by publication of 3 notice in a newspaper, to the extent and in the manner hereinafter prescribed, 4 in the following cases: 5 jPi/-^^— Attachment.] In actions of attachment, including attachments of 6 water craft and attachments in aid. 7 Second— Distress fob bent.] In actions of distress for rent. 8 Third— B,EPTJEvn<(.] In actions of r^levin. 9 Fourth— Tbjal op eight of pbopehtt.] In actions for the trial of the right 10 of property. 11 Fifth — Fobciblb detaineb,] In actions of forcible detainer. 12 Sixth— 'Etectmeist.] In mctions of ejectment. 13 Seventh— BiEWf Alt of jtruGMSNT.] In actions to revive judgments. 14 EigMh—'EQViTY.] In actions in equity, as defined in Clause Twelfth of 15 section one hundred forty (140) of this Act. 16 Ninth— 'Eminbtst domain.] In actions of eminent domain. 17 Tewf^'— Recognizance.] In actions on recognizances. 18 Eleventh— A.TvmsuJTE pkoceedings.] In appellate proceedings. 154 19 Twelfth— Otue^ actions.] In all other actions and proceedings in which 20 such notice by publication is permitted by other propositions of this act or by 21 othe^ laws in force at the time of the taking effect of this Act. Sec. 238. Notice by publication in coubts of okiginal jurisdiction to non- 2 EEsiDENTs-;-P0EMs OF AFFIDAVIT — FORM OF NOTICE.] Whenever any plaintiff or 3 other party to the action or proceeding, or his agent or attorney, in any action 4 or proceeding mentioned in the preceding section pending in a court of original 5 jurisdiction, shall file in the office of the clerk of the court in which the action or 6 proceeding is pending an affidavit showing that any defendant or other party 7 to the action or proceeding resides or has gone out of this State, or on due in- 8 quiry cannot be found, or is concealed within this State so that process cannot 9 be served upon him, stating the place of residence of such party, if known, or 10 that upon diligent inquiry his place of residence cannot be ascertained, or that 11 any defendant or other party to the action or proceeding is a foreign corpora- 12 tion and that, upon due inquiry, no officer or agent of such foreign corporation, 13 upon whom process can be served in such action or proceeding, can be found in 14 this State, the clerk shall cause publication to be made in some newspaper print- 15 ed in his county, and, if there be no newspaper printed in his county, then in the 16 nearest newspaper published in this State, containing notice of the pendency of 17 such action or proceeding, a specification of the court in which the action is 18 pending, the names of the parties thereto, and the time and place at which the 19 defendant or other party to the action or proceeding is required to appear, 20 which day shall be some Monday not less than forty (40) nor more than sixty 21 (60) days from the filing of the affidavit, and, if the action be an action at law 22 for the rcovery of money only or an action to revive a judgment, the amount 23 of the plaintiff's claim, and he shall also, within ten days of the first publication 24 of such notice, send a copy thereof by mail addressed to such defendant or 25 other party to the action or proceeding whose place of residence is stated in 155 26 such affidavit. The affidavit thus provided for miay be a separate affidavit, or 27 it may form part of an affidavit verifying a bill in equity or of any other affi- 28 davit filed by the party on whose behalf the notice is to be published. The 29 certificate of the publisher that he has published and of the clerk that he has 30 sent such notice in pursuance of this section shall be evidence. The following 31 forms of affidavit and notice to a non-resident defendant in a court of original 32 jurisdiction shall be deemed sufficient and shall be taken as furnishing sugges- 33 tions from which other affidavits and notices may be properly framed : 34 1. Affidavit of non-residence stating place of residence. 35 In the Circuit Court of Cook County, Illinois. 36 John Doe ) 37 V. \ Replevin. No. 25. 38 Richard Roe et al. ' 39 Affidavit foe Publication of Notice. 40 John Doe on his oath says that he is the plaintiff in the above entitled action 41 and that the defendants, Richard Roe and Mary Roe, reside out of the State 42 of Illinois and that the place of residence of each of them is at Kokomo, in 43 the state of Indiana. 44 John Doe. 45 Subscribed and sworn to before me this 10th day of February, 1908. 45 John Smith, Clerk 47 2. Affidavit that defendant has gone out of state. 48 In the Circuit Court of Cook County, Illinois. 49 John Doe ) 50 V. (■ Replevin. No. 35. 51 Richard Roe. > 52 Affidavit for Publication of Notice. 53 ' John Doe on his oath says that he is the plaintiff in the above entitled ac- 54 tion and that the defendant, Richard Roe, has gone out of the State of lUinois 55 and that the place of residence of said Richard Roe is No. 6724 Wentworth 56 avenue, Chicago, Illinois. c-n John Doe. 57 58 Subscribed and sworn to before me this 10th day of February, 1908. KQ John Smith, Clerk 156 60 3. Affidavit that defendant on due inquiry cannot be found and that 61 upon diligent inquiry his pla.ce of residence cannot be ascertained. 62 In the Circuit Court of Cook County, Illinois. 63 John Doe ) 64 V. [ Replevin. No. 35. 65 Richard Roe. ) 66 Affidavit for Publication of Notice. 67 John Doe on his oath says that he is the plaintiff in the above entitled ac- 68 tion and that the defendant, Richard Roe, on due inquiry cannot be found and 69 that upon diligent inquiry his place of residence cannot be ascertained. 70 John Doe. 71 Subscribed and sworn to before me this 10th day of February, 1908. 72 John Smith, Clerk 73 4. Affidavit that defendant is concealed within this state so that pro- 74 • CESS cannot be served upon him, specifying his place of residence. 75 In the Circuit Court of Cook County, Illinois. 76 John Doe \ 77 v. [ Replevin. No. 35. 78 Richard Roe. ) 79 Affidavit for Publication of Notice. 80 John Doe on his oath says that he is the plaintiff in the above entitled ac- 81 tion and that the defendant, Richard Roe, is concealed within this State so thai 82 process cannot be served upon him and that his place of residence is No. 2657 83 State street, Chicago, Illinois. 84 John Doe. 85 Subscribed and sworn to before me this 10th day of February, 1908. 86 John Smith, Clerk 87 5. Affidavit that defendant is a foreign corporation and that upon due 88 inquiry no officer or agent can be found in this state. 89 In THE Circuit Court of Cook County, Illinois. 90 John Doe 91 V. 92 The Empire Manufacturing 93 Company. Ejectment. No. 57. 94 Affidavit for Publication of Notice. 95 John Doe on his oath says that he is the plaintiff in the above entitled ac- 96 tion and that the defendant, the Empire Manufacturing Company, is a foreign 157 97 corporation and that upon due inquiry no officer or agent of said corporation 98 upon whom process can be served in said action can be found in this State. "" John Doe. 100 Subscribed and sworn to before me this 10th day of February, 1908. 101 John Smith, Clerk 102 6. Notice by publication in replevin. 103 In the Ciecuit Coitbt of Cook County, Illinois. 104 John Doe ) 105 V. [ Replevin. No. 25. 106 Richard Roe and Mary Roe. ' 107 Notice by Publication. 108 To Richard Roe and Mary Roe: 109 You are hereby notified to appear in person or by attorney before the circuit 110 court of Cook county, Dlinois, at the county court house in Chicago in said 111 county, on Monday, the 23rd day of March, 1908, to answer to the above entitled 112 action of replevin brought against you in said court by John Doe. 113 Dated Chicagoi, Illinois, February 10, 1908. 114 John Smith, Clerh 115 Note. 116 The foregoing form may be made applicable to all other forms of action by 117 changing the classification of the action and by substituting for the words "of 118 replevin" in the body of the notice the following: 119 First — Attachment.] In an action of attachment the words "of attach- 120 ment for (here insert amount of claim)." 121 Second— Attag-B-MENt in aid.] In an action of attachment in aid the words 122 "of attachment in aid for (here insert the amount of claim)." 123 Third— Distress foe eent.] In an action of distress for rent the words "of 124 distress for rent for (here insert amount of claim)." 125 Fourth— B,Eviv AL, of judgment.] In an action to revive a judgment the 126 words "to revive a judgment to the amount of (here insert amount claimed to 127 be due on the judgment)." 158 128 Fifth—FoTiciBTUE detainee.] In an action of forcible detainer the words "of 129 forcible detainer." 130 Sixth— TmAL op eight of peopebty.] In an action for the trial of the right 131 of property the words "for the trial of the right of property." 132 Seventh— 'Ej-EGTM.'EasT.] In an action of ejectment the words "of ejectment." 133 Eighth — Recognizance.] In an action on a recognizance the words "on a 134 recognizance for (here insert amount of recognizance)." 135 Ninth — Eminent domain.] In an action of eminent domain the words "of 136 eminent domain." 137 Tenth — Equity.] In an action in in equity the words "in equity." Sec. 239. Notice to unknown ownees, heies and devisees — affidavit— 2 FOEMS.] In any action in equity, or in any other action concerning the title to 3 real estate, if there be persons interested in the same whose names are unknown 4 it shall be lawful .to make such persons parties to such action by the names and 5 descriptions of unknown owners, or unknown heirs or devisees of any deceased 6 person who may have been interested in the subject matter of the action pre- 7 vious to his or her death; but in all such cases an affidavit shall be filed by the 8 party desiring to make any unknown persons parties stating that the names 9 of such persons are unknown; and process may be issued against all parties 10 by the name and description given as aforesaid ; and notice given by publication 11 to such unknown owners, heirs or devisees, shall be sufficient to authorize the 12 court to hear and determine the action as though all parties had been sued by 13 their proper names. The following forms of affidavit and notice by publication 14 to unknown persons in an action in a court of original jurisdiction shall be 15 deemed sufficient and shall be taken as furnishing suggestions from which other 16 affidavits and notices may be properly framed: 159 17 1. Affidavit that heies and devisees of deceased pebson are unknown. 18 In the Ciectjit Coubt of Cook County, Illinois. 19 John Doe 20 V. 21 Richard iJoe and the unknown heirs 22 and devisees of Henry Roe, de- 23 ceased. -In Equity. No. 75. 24 Affidavit for Publication of Notice. 25 John Doe on his oath says that he is the plaintiff in the above entitled ac^ 26 tion and that Henry Roe is a deceased person who was interested in the subject- 27 matter of the above entitled action previous to his death, and that the names of 28 all of the heirs and devisees of said Henry Roe, deceased, are unknown to the 29 plaintiff. 30 John Doe. 31 Subscribed and sworn to before me this 10th day of February, 1908. 32 John Smith, Cleric 33 2. Affidavit that persons are inteeested in real estate whose names are 34 unknown. 35 In the Circuit Court of Cook County, Illinois. 36 John Doe 37 V. 38 Richard Roe and the unknown own- 39 ers of the South-west Quarter of 40 Section Seventeen (17), Township ) In Equity. No. 80. 41 Twenty-seven (27) North, Range 42 One (1) East of the Third Princi- 43 pal Meridian in Cook county, Uli- 44 nois. 45 Affidavit for Publication of Notice. 46 John Doe on his oath says that he is the plaintiff in the above entitled ac- 47 tion and that there are persons interested in the Southwest Quarter of Section 48 Seventeen (17), Township Twenty-seven (27) North, Range One. (1) East of the 49 Third Principal Meridian, in Cook county, Illinois, and that the names of all of 50 said persons, other than Richard Roe, are unknown to the plaintiff. 52 John Doe. 52 Subscribed and sworn to before me this 10th day of February, 1908. 53 John Smith, Clerk. 160 54! 3. Notice by publication to unknown heirs and devisees. 55 In the Circuit Court of Cook County, Illinois. 56 John Doe 57 V. 58 Richard Eoe and the unknown heirs 59 and devisees of Henry Roe, de- 60 deased. In Equity. No. 75. 61 Notice by Publication. 62 To the unknown heirs and devisees of Henry Roe, deceased : 63 You are hereby notified to appear in person or by attorney before the cir- 64 cuit court of Cook county, Illinois, at the county court house in Chicago, in said 65 county, on Monday, the 23rd day of March, 1908, to answer to the above entitled 66 action in equity brought against you in said court by John Doe. 67 Dated Chicago, Illinois, February 10, 1908. 68 John Smith, Clerk. Sec. 240. Publication in case of writ of error— forms.] Whenever any 2 party to any writ of error pending in tlie supreme court or in any appellate court, 3 or his agent or attorney, shall file in the office of the clerk of the court in which •4 the writ of error is pending an affidavit showing that any party to the writ of 5 error resides or has gone out of this S tate, or on due inquiry cannot be found, or 6 is concealed within this State so that process cannot be served upon him, and 7 stating the place of residence of such party, if known, and also the place of resi- 8 dence of the attorneys who appeared for such party in the action in the court 9 to which the writ of error is prosecuted or that upon diligent inquiry their 10 places of residence cannot be ascertained, the clerk of the court in which the 11 writ of error is pending shall cause publication to be made in some newspaper 12 published in the county in which the action was originally instituted, or, if no 13 newspaper shall be published in such county, then in a newspaper published 14 nearest to such county, containing notice of the pendency of the writ of error 15 the court in which the writ of error is pending, the names of the parties thereto 16 and the place and the day on or before which such party is required to appear, 17 which day shall be some Tuesday not less than forty (40) days nor more than 161 18 sixty (60) days after the date of the first publication of notice as the party 19 suing out such writ of error may require; and the clerk shall also, within ten 20 (10) days after the first publication of such notice send a copy thereof by mail 21 addressed to such party and the attorneys whose places of residence are stated 22 in such affidavit. The certificate of the clerk that he has sent such notice in pur- 23 suance of this section shall be evidence. Such notice shall be published for four 24 consecutive weeks and the first insertion thereof shall be at least forty (40) days 25 before the date on or before which the party is required to appear. A like 26 publication shall be made in case there are parties to such writ of error whose 27 names are unknown to the party suing out the same upon the filing by him with 28 the clerk of the court from which the writ of error is sued out of an affidavit 29 setting forth that the names of such persons are unknown. The following forms 30 of affidavits and notices by publicati on to parties to writs of error who are non- 31 residents or whose names are imknown shall be deemed sufficient and shall be 32 taken as furnishing suggestions from which other affidavits and notices may be 33 properly framed : 34 1. Affidavit of non-residence of parties to writ of error. 35 In the Supreme Court of Iiainois. 36 John Doe 37 V. 38 Richard Eoe and Mary Roe. No.. 155. Writ of Error to Circuit Court of Cook County, Hon. John Jones, Judge Presiding, prosecuted by plaintiff. 39 Affidavit for Publication of Notice. 40 John Doe on his oath says that he is the plaintiff in the above entitled ac- 41 tion and that the defendants, Richard Roe and Mary Roe, reside out of the 42 State of Illinois and that the places of residence of each of them is at Kokomo 43 in the state of Indiana, and he further says that William Brown was the at- 44 torney who appeared in the action for the defendants in said circuit court and 45 that the place of residence of said William Brown is Chicago, Illinois, and his 46 post-office address is Room 607, Fort Dearborn Building, Chicago, Illinois. .„ John Dot- ^8 Subscribed and sworn to before me this 10th day of February, 1908. .Q William Smith, Clerk. 162 50 Note. 51 (When the party to be notified has gone out of the State, or on due inquiry 52 cannot be found, or is concealed within the State so that process cannot be 53 served upon him, the above form of affidavit may be varied from accordin,gly.) 54 2. Affidavit that parties to weit of eeeor aee unknown. 55 In the Stjpeeme Court of Illinois. 56 John Doe 57 V. 58 Eichard Eoe and the unknown heirs 59 and devisees of Henry Eoe, de- 60 deased. No. 175. Writ of Error to Circuit Court of Cook County, Hon. John Jones, Judge Presiding, prosecuted by plaintiff. 61 Affidavit foe Notice by Publication. 62 John Doe on his oath says that he is the plaintiff in the above entitled ac- 63 tion and that the names of the heirs and devisees of Henry Eoe, deceased, who 64 were parties to said action in said circuit court of Cook county as the unknown 65 heirs and devisees of Henry Eoe, deceased, are unknown to the plaintiff. 66 John Doe. 67 Subscribed and sworn to before me this 10th day of February, 1908. 68 William Smith, Clerk. 69 3. Notice to non-eesident parties. 70 In the Supreme Court of Illinois. 71 John Doe 1 No. 155. Writ of Error to Circuit Court of Cook 72 V. V County, Hon. John Jones, Judge Presiding, 73 Eichard Eoe and Mary Eoe, J prosecuted by plaintiff. 74 Notice by Publication. 75 To Eichard Eoe and Mary Eoe : 76 You are hereby notified to appear in person or by attorney before the su- 77 preme court of Illinois at the supreme court building, in Springfield, on Tues- 78 day, the 24th day of March, 1908, to answer to a writ of error brought and 79 pending in said supreme court of Illinois and entitled as above. 80 Dated Chicago, Illinois, February 10, 1908. 81 William Smith, Clerk. 163 82 4. Notice to parties whose names ake unknown. 83 ■ In the Supeemb Court of Illinois. 84 John Doe 85 V. 86 Richard Boe and the unknown heirs 87 and devisees of Henry Eoe, de- 88 deased. No. 175. Writ of Error to Circuit Court of Cook County, Hon. John Jones, Judge Presiding, prosecuted by plaintiff. 89 Notice by Publication. 90 To the unknown heirs and devisees of Henry Eoe, deceased: 91 You are hereby notified to appear in person or by attorney before the su- 92 preme court of Illinois at the supreme court building in Springfield, on Tuesday, 93 the 24th day of March, 1908, to answer to a writ of error brought and pending 94 in said supreme court of Illinois, and entitled as above. 95 Dated Chicago, Illinois, February 10, 1908. 96 William Smith, Clerk. Sec. 241. When notice not to be void eor insufficiency of aefidavit. ] No 2 notice by publication as provided for in this Act shall be deemed void, or in- 3 sufficient to confer upon the court jurisdiction of the persons of the parties thus 4 notified, on account of any defect, insufficiency or irregularity of any affidavit 5 hereinbefore provided for, if, by additional affidavit or otherwise, it shall be 6 made to appear to the satisfaction of the court in which such action shall have 7 been brought, or into which the same may be removed bv appeal or writ of er- 8 ror, that the requisite facts existed at the time such ori,ginal affidavit was filed 9 which authorized such notice lay publication. Sec. 242. When notice may be given— publication — ^default.] The notice 2 required in the preceding sections may be given at any time after the commence- 3 ment of the action and shall be published at least once in each week for four 4 successive weeks and no default or proceeding shall be taken against any defend- 5 ant not served with the summons or writ and not appearing, unless forty (40) 6 days shall intervene between the first publication as aforesaid and the day on 7 which such defendant is required by the notice to appear. 164 Sec. 243. Payment of fees of publisher.] The fees of the publisher for 2 the publication of any notice provided for in the preceding section shall be de- 3 posited by the plaintiff with the clerk at the time of the filing by the plaintiff 4 of the affidavit hereinbefore provided for, and shall be paid by the clerk to the 5 publisher upon the return by the publisher of his certificate showing the due 6 iDublication of such notice. Sec. 244. PUBLISHEES' FEES FIXED BY JUDGES — DESIGNATION OF NEWSPAPER — 2 REBATES FORBIDDEN.] The foes of the publishers for the publication of notices 3 shall be fixed in each circuit in this State by the circuit judges thereof and when 4 so fixed shall not be varied from until changed by said judges. The plaintiff 5 or other party causing the publication of any notice shall be permitted to specify 6 the newspaper in which the publication is to be made. No clerk or attorney 7 shall in any case receive, nor shall any publisher pay, directly or indirectly, any 8 rebate or commission upon the fees for any such notice. Any such clerk, attor- 9 ney or publisher who shall receive or pay any such rebate or commission shall 10 be deemed guilty of a misdemeanor. DIVISION XVII. APPEARANCES OP DEFENDANTS. Section 247. When defendant notified by publica- tion must enter appearance. 248. Appearance to be general — right to move in abatement not prejudiced. Section 245. When defendant served with sum- mons or writ must enter appearance — appearances in mandamus, quo warranto, etc. — appearance to be in writing etc. 246. When defendant served with sum- mons in forcible detainer must ap- pear. Sec. 245. When defendant served with summons or writ must enter 2 appearance— APPEARANCE IN MANDAMtTS, QUO WARRANTO, ETC. — APPEARANCE TO BE 165 3 m wBiTiNG, ETC.] The defendant in any action, other than an action of forcible 4 detainer, in ease he shall have been served with the summons or writ five days 5 or more prior to the day specified therein for his appearance, shall enter his ap- 6 pearance on or before the Thursday succeeding the day specified in the sum- 7 mons or writ therefor, but in case the summons or writ shall have been served 8 less than five days prior to the day therein specified for the appearance of the 9 defendant, the defendant shall not be required to enter his appearance until 10 on or before the first Monday succeeding such day specified for his appear- 11 ance : Provided, however, that when any defendant so served with the sum- 12 mons or writ does not reside in the county in which the action is brought the 13 time for entering his appearance shall be extended one week from the Thursday 14 succeeding the day so specified in the summons or writ, or from the first Mon- 15 day succeeding such day specified in the summons or writ, as the case may be, 16 and that when the plaintiff files with his statement of claim an affidavit of 17 claim, as hereinafter provided for, or interrogatories to be answered by the 18 defendant, or a statement in writing, verified by affidavit, of facts which he 19 expects to prove upon the trial, the time within which the defendant would 20 otherwise be required to enter his appearance shall be extended five days; and 21 provided, further, that in any action of mandamus or action of quo warranto 22 or any action involving public interests the court may, by special order, require 23 the defendant to appear on the day specified in the summons, though sensed 24 therewith less than five days prior to the day. so specified. Every such appear- 25 ance shall be in writing and shall be signed by the party or his attorney and 26 filed with the clerk and a copy thereof shall be forthwith delivered 27 by the defendant to the plaintiff or his attorney. When any defendant files 28 an appearance in writing the same shall specify the postoffice address and 29 place of business of the defendant, if the defendant appear in his own proper 30 person, or the place of business of his attorney, if the defendant appear by at- 31 torney, and in default of such specification the clerk shall refuse to file the 166 32 same. Whenever, after the entry of such appearance and before the final deter- 33 mination of the action, the post office address or place of business of the de- 34 fendant, if the defendant appear in his own proper person, or the place of busi- 35 ness of his attorney shall be changed, notice in writing thereof shall be given 36 by the defendant to the plaintiff or his attorney : Provided, however, that ,when 37 there are more than three defendants joining in one appearance and the de- 38 fendants appear in their own proper persons, it shall be unnecessary to specify 39 therein the post office addresses and places of business of more than three 40 defendants. Sec. 246. When dependant served with summons in forcible detainer 2 MUST APPEAR.] The defendant in any action of forcible detainer, in case he 3 shall have been served with the summons three days or more prior to the day 4 specified therein for his appearance, shall enter his appearance on the day so 5 specified, but in ease the summons shall have been served less than three days 6 prior to the day therein specified for the appearance of the defendant, the de- 7 fendant shall not be required to enter his appearance until on or before the 8 first Monday succeeding such day specified for his appearance. Sec. 247. When defendant notified bt pubucation must enter appear- 2 ANCE.] Whenever any defendant in any action shall have been notified by pub- 3 lication of notice of the pendency of the action in the manner hereinbefore 4 provided, he shall file his appearance in writing, in the form prescribed in the 5 next but one preceding section, on or before the day in which he is required 6 by the notice to appear and shall cause a copy of such appearance to be deliv- 7 ered to the plaintiff or his attorney as provided by said section. Sec. 248. Appearance to be general— right to move in abatemeitt not 2 prejudiced.] Every appearance shall be general, but it shall in no manner 167 3 prejudice the right of the defendant to move to abate the action in the manner 4 hereinafter provided. Appearances may be in substantially the forms pre- 5 scribed in section two hundred seventy-eight (278) of this Act. DIVISION xvni. STATEMENTS OF CLAIMS AND SPECIFICATIONS OP DEFENSES IN ACTIONS AT LAW. Section 249. Pleadings and bills of particulars in actions at law abolished excepting as otherwise provided — papers substi- tuted. 250. Statement of claim to be mere memo- randum. 251. Forms of statements of claims. 252. Forms of praecipes and statements of claims, etc. 253. Motion and affidavit in abatement — specification of defense. 254. Motion in abatement to be accompa- nied by afifidavit — ^when action not to abate — form. 255. How motion in abatement determined. 256. Judgment upon determination of mo- tion in abatement. 257. Defects removable by amendment. 258. Specification of defenses to be mere memorandum. 259. Classification of actions for purposes of specification of defenses. 260. Defenses to actions on contracts not in writing. 261. Defenses to certain actions on con- tracts in writing. 262. Defenses to actions on penal bonds. 263. Defenses to actions on judgments. 264. Defenses to actions for torts to person or property. Section 265. Defenses to actions of replevin. 266. Defenses to actions for trial of right of property. 267. Defenses to actions for torts to real estate. 268. Defenses to actions of forcible de- tainer. 269. Defenses to actions of ejectment. 270. Defenses in attachment. 271. Defenses in quasi criminal actions. 272. Defenses to actions on recognizances. 273. Specification of defenses to several claims. 274. Counter-claim — ^f orm — defenses — trial of issues — stay of judgment — action not to be dismissed without consent. 275. Statement of facts constituting de- renses in lieu of specification of de- fenses in abbreviated form. 276. Cause at issue — evidence. 277. Defense by defendant refusing to join as plaintiff or by assignor. 278. Forms of appearance with specifica- tion of defenses. 279. Procedure when papers objectionable in form. 280. Bill of particulars — when demandable — purpose and, nature of. Sec. 249. Pleadings and b.lls of paeticulabs in actions at law abol- 2 ISHED excepting AS OTHERWISE PEOVIDED - PAPERS SUBSTITUTED.] Excepting aS 168 3 may be otherwise expressly provided by this Act, the forms and modes of 4 pleading and bills of particulars heretofore in use in courts of record in this 5 State in civil and quasi criminal actions at law are hereby abolished, and in 6 lieu of the pleadings of the plaintiff, there is hereby substituted a copy of the 7 distress warrant and inventory in an action of distress for rent, an affidavit 8 for attachment in an action of attachment or attachment of water craft, an 9 affidavit for replevin in an action of replevin, a complaint in a quasi crim- 10 inal action commenced by warrant, and a statement of claim in other actions, 11 and in lieu of the pleadings of the defendant there is substituted a specification 12 of the defendant's defense or defenses. When practicable, the statement of 13 the plaintiff's claim, the affidavit for attachment, the affidavit for replevin, or 14 the complaint in a quasi criminal action commenced by warrant, as the case 15 may be, and the affidavit of claim hereinafter authorized, if any, shall be 16 written upon the same sheet of paper as the praecipe, and, when that is im- 17 practicable, they shall be fastened together and filed as one paper. Sec. 250. Statement of claim to be mere memorandum.] The statement 2 of the plaintiff's claim provided for in the preceding section shall not, as here- 3 tofore, be a complete statement of all the elements which constitute a cause 4 of action, but shall be a mere memorandum specifying the nature of the cause 5 of action and giving such information as to place, time and other particulars 6 as to enable the defendant to ascertain the transaction or transac- 7 tions respecting which the action is brought and may be substantially 8 as follows: 9 First — Contract not in writing for payment of money.] If the action 10 be upon a contract, express or implied, but not in writing, for the payment of 11 money, the statement shall specify on what account the money is claimed to 12 be due, with such particulars as may appear to be reasonably necessary to 13 inform the defendant of the nature and extent of the plaintiff's demand. 169 14 Second — Contract in weiting fob payment of money.] If the action be 15 upon a negotiable instrument or otter contract in writing for tbe payment of 16 money, the statement shall contain a copy of such negotiable instrument or 17 other contract in writing, or a specification of the date and name of the in- 18 stniment and such other particulars as will identify it. 19 Third — Contbact otheb than for payment of money.] If the action be 20 upon a contract other than one for the payment of money, the statement shall 21 set forth the approximate date and substance of the contract, if it be not in 22 writing, or, if it be in writing, a copy or such specification of the particulars 23 thereof as will identify it, together with a specification of the breach there- 24 of, and if special damages are claimed, the occasion thereof. 25 Fourth — Injury to bbal estate.] If the action be for an injury to real 26 estate the statement shall set forth a description of the real estate, the 27 nature of the injury and the approximate date thereof. 28 Fifth — Injury to pebsonax, peoperty.J If the action be for an injury to 29 personal property the statement shall set forth in general terms a description 30 of the personal property injured, the nature of the injury and the approxi- 31 mate date and place thereof, if the same be known to the plaintiff. 32 Sixth — ^Libel.] If the action be for a libel, the statement shall set forth 33 the libellous publication, or so much thereof as the plaintiff claims to be libel- 34 bus, and the approximate date and place of the publication thereof, and, if 35 special damages be claimed, the occasion thereof. 36 Seventh — Slander.] If the action be for a slander, the statement shall set 37 forth the slanderous words, the approximate date and place of the utterance 38 thereof and, if special damages be claimed, the occasion thereof. 39 . Eighthr—M.AhiGiOTss> prosecution.] If the action be for a malicious -prosecu- 40 tion, the statement shall set forth the title of the action in which the plaintiff 41 claims to have been maliciously prosecuted, the dates of the commencement 42 and termination thereof, the court or courts in which the same was prosecuted, 170 43 the acquittal of the plaintiff, and, if special damages he claimed, the occasion 44 thereof. 45 Ninth — Injury to person oe pkopeety theough negligence.] If the action 46 be for an injury to the plaintiff's person or property, or both, through the 47 negligence of the defendant, the statement shall specify approximately the 48 date and place of the injury and that it was occasioned by the defendant's negli- 49 gence, and shall set forth upon what and by what means the injury was inflicted. 50 Tenth — Death by weongpul act, etc.] If the action be for the death of 51 any person through the wrongful act, neglect or default of the defendant, the 52 statement shall set forth approximately the date and place of death and that 53 the same occurred through the wrongful act, neglect or default of the defend- 54 ant, and the names of the next kin. 55 Eleventh — Othee toet, oe stattjtoey liability.] If the action be for any 56 other tort than one of the kind above mentioned, or for any statutory liability, 57 the statement shall set forth in general terms the nature of the tort or statutory 58 liability and the approximate date and place of the act by which the statutory 59 liability was created. 60 Twelfth — Fine oe penalty for violating oedinance.] If the action be for 61 a fine or penalty for the violation of a municipal ordinance, the statement 62 shall specify the particular provision or provisions thereof claimed to have 63 been violated by the defendant and approximately the date and place of such 64 violation. 65 Thirteenth — Ejectment.] If the action be ejectment, the statement shall 66 set forth a description of the premises and the title thereto claimed by the 67 plaintiff, and, if there be united with it a claim for money, the nature and 68 amount of such claim shall be stated. 69 Fourteenth — Forcible detainee.] If the action be forcible detainer, it shall 70 describe the premises possession of which is sought to be recovered, and, if 71 there be united with it a claim for money, the nature and amount of such claim 72 shall be stated. ' 171 73 Fifteenth^^wm&M. claims.] When there are several claims -which are au- 74 thorized to be joined in one statement, the particulars of each, as above speci- 75 fied, shall be stated. 76 /Sirr^eeni/i— Miscellaneous cases.] When the action is upon a claim not in- 77 eluded in those specified in the preceding fifteen clauses of this section, the 78 statement shall set forth the general nature of the claim, the date and place, 79 approximately, when it arose, and such other particulars analogous to those 80 hereinbefore prescribed with respect to other actions as will reasonably inform 81 the defendant of the general nature of the case he is called upon to defend. Sec. 251. Forms op statements op claims.] The following forms of state- 2 ments of claims shall be deemed to sufficiently comply with the provisions of 3 the preceding section and shall be taken as furnishing suggestions from which 4 other statements of claims may be properly framed: 5 A. Actions on Contracts not in Writing. 6 1. Goods sold and delivered. 7 Plaintiff's claim is for goods sold and delivered by plaintiff to defendant, 8 to- wit : 9 Jan. 10, 1905, 1 bbl. flour $4.00 10 Jan. 15, 1905, 1 ton of hard coal 8.00 11 12 Total $12.00 13 (If partial payments on account have been made by the defendant, or 14 the defendant is entitled to other credits, the dates and amounts thereof and 15 the balance due plaintiff, after deducting credits, should be specified.) 16 2. Labor and services. 17 Plaintiff's claim is for labor and services furnished by plaintiff to de- 18 fendant as follows, to- wit: ten days' work husking corn, commencing Nov. 1, 19 1908, and ending Nov. 11, 1908, at $2.50 per day, total $25. 20 3. Work and materials. ' 21 Plaintiff's claim is for work performed for and materials furnished to 22 defendant by plaintiff as follows, to- wit: two days' work as bricklayer build- 172 23 ing chimney on the premises known as 1806 Wabash avenue, Chicago, Nov. 1 24 and Nov. 3, 1908, at $5 per day, and brick and other material therefor, $8, 25 total $18. 26 4. BOABD AND LODGING. 27 Plaintiff's claim is for board and lodging furnished by plaintiff to defend- 28 ant for ten days, commencing Nov. 1, 1908, and ending Nov. 10, 1908, at $1 per 29 day, total $10. 30 5. Hike of house and cakbiage. 31 Plaintiff's claim is for the use and hire of plaintiff's horse and carriage 32 by defendant on the first day of November, 1908. Amount claimed, $4. 33 6. Cabe and keeping of horses. 34 Plaintiff's claim is for the care and keeping by the plaintiff for the de- 35 fendant of ten horses for ten days, commencing Nov. 1, 1908, and ending 36 Nov. 10, 1908, at $5 per day, total $50. 37 7. Physician's and sxjbgeon's bill. 38 Plaintiff's claim is for medical and surgical services rendered by plain- 39 tiff to defendant, as follows: 40 Nov. 1, 1908, visit and consultation $ 5.00 41 Nov. 2, 1908, visit and consultation 5.00 42 Nov. 3, 1908, operation for appendicitis 250.00 43 44 Total $260.00 45 8. Attoeney's bill. 46 Plaintiff's claim is for professional services rendered by plaintiff as an 47 attorney at law for the defendant in the case of John Doe v. Richard Roe, in 48 the circuit court of Cook county, commenced Nov. 1, 1905, and ended Nov. 1, 49 1908. Amount claimed, $500. 50 9. Storage of goods. 51 Plaintiff's claim is for the storage by the plaintiff from Nov. 1, 1907, to 52 Nov. 1, 1908, in the plaintiff's warehouse at No. 5 Wabash avenue, Chicago, 53 Illinois, of 100 barrels of sugar at fifty cents per barrel, making in all $50. 54 10. Use and occupation. 55 Plaintiff's claim is for the use and occupation by the defendant from 56 Nov. 1, 1905, to Nov. 1, 1908, of the premises known as flat No. 6 in the apart- 173 57 ment building at the southeast comer of 35th street and Wabash avenue, the 58 amount claimed being $1,500. 59 11. Waeeantt. 60 Plaintiff's claim is for a warranty made by defendant on or about Nov. 1, 61 1907, to the plaintiff that a certain horse was sound. Amount claimed, $75. 62 12. Bbeach of promise of mabeiage. 63 Plaintiff's claim is for the breach on or about Jan. 1, 1906, of a promise 64 made by the defendant to marry the plaintiff. Amount claimed, $25,000. 65 13. Injtjbt to peopeety hiebd. 66 Plaintiff's claim is for the injury by the defendant of a horse hired by 67 the defendant from the plaintiff on or about Nov. 1, 1907. Amount 68 claimed,' $50. 69 14. Loss OF GOODS DBLIVEEED TO COMMON CAEBIEE. 70 Plaintiff's claim is for the loss of five barrels of sugar delivered by the 71 plaintiff to the defendant at Chicago, Illinois, on or about Nov. 1, 1907, to be 72 carried by the defendant. Amount claimed, $40. 73 15. Non-acceptance of peopeety made foe defendant. 74 Plaintiff's claim is for the refusal by the defendant on or about Nov. 1, 75 1907, to accept the following goods made by the plaintiff for the defendant, to- 76 wit: one lumber wagon, the contract price being $50. Amount claimed, $50. 77 16. NON-DBLIVEBY OF GOODS. 78 Plaintiff's claim is for the failure by the defendant to deliver on or about 79 Nov. 1, 1907, a lumber wagon purchased by plaintiff from the defendant. 80 Amount claimed, $50. 81 17. Goods sold to thibd pebson. 82 Plaintiff's claim is for goods sold by plaintiff to John Smith at defend- 83 ant's request, as follows: 84 Jan. 1, 1905, 1 barrel of flour $ 4.00 85 Jan. 15, 1905, 1 ton of hard coal 8.00 86 87 Total $12.00 174 88 B. Actions on Contracts in Wbiting. 89 1. Promissory note. 90 Plaintiff's claim is for $1,075, being the amount due him as indorsee 91 against the defendant as maker of a promissory .note, of which and of the 92 indorsements thereon the following is a copy: 93 Chicago, Illinois, January 2, 1907. 94 Ninety days after date for value received I promise to pay to the order 95 of John Smith, at the Commercial National Bank of Chicago, the sum of one 96 thousand dollars, with interest thereon at the rate of six per cent per annum. 97 Indorsed : John Smith. Richard Roe. 98 (In lieu of the foregoing the following will suffice:) 99 Plaintiff's claim is for $1,075, being the amount due him as indorsee 100 against the defendant as maker of a promissory note for '$1,000, dated 101 Jan. 2, 1907, made by the defendant at Chicago, Illinois, and payable to the 102 order of John Smith three months after date, at the Commercial National 103 Bank of Chicago, with interest at the rate of six per cent, per annum, and 104 by John Smith indorsed. 105 (If there are several defendants who are severally liable but who may 106 be sued together, the form of the above statements of claims should be varied 107 accordingly. The first of said forms may then read as follows:) 108 Plaintiff's claim is for $1,075, being the amount due him as indorsee 109 against the defendant Richard Roe as maker and against the defendant John 110 Smith as indorser of a promissory note of which and of the indorsements 111 thereon .the following is a copy : 112 (Here insert copy of note and of the indorsements thereon.) 113 2. Lease op real estate. 114 Plaintiff's claim is as lessor against defendant as lessee for $200, being 115 rent due plaintiflf from defendant under a lease in writing between plaintiff 116 and defendant, dated April 30, 1907, and leasing to defendant for two years 117 from that date at a rental of $25 per month, payable monthly in advance on 118 the first day of each month, the premises known as 6800 Wabash Avenue, Chi- 119 cago, Illinois. 175 120 (In lieu of the foregoing the following form may be used :) 121 Plaintiff's claim is as lessor against defendant as lessee for $200, being 122 rent due from defendant to plaintiff under a lease of which the following is 123 a copy: 124 (Here insert copy of lease.) 125 3. Policy of life instteancb. 126 Plaintiff's claim is against defendant as insurer by plaintiff as benefici- 127 ary in a life insurance policy issued by the defendant numbered 249789, 128 dated Jan. 2, 1905, for the amount of $10,000, insuring the life of William 129 Doe, who died on or about Jan. 17, 1908. Amount claimed, $12,000. 130 (In lieu of the foregoing the following will suffice:) 131 Plaintiff's claim is against defendant as insurer by plaintiff as beneficiary 132 in a life insurance policy of which the following is a copy: 133 (Here insert copv of policy.) 134 The liability of the defendant is on account of the death of the insured 135 William Doe on or about Jan. 17, 1908. Amount claimed, $12,000. 136 4. Policy of fibb instjeancb. 137 Plaintiff's claim is as insured against the defendant as insurer in a fire 138 insurance policy numbered 4726, dated July 1, 1907, for the sum of $2,000, issued 139 by the defendant, insuring plaintiff's household furniture at 3917 Wabash 140 Avenue, Chicago, Illinois. 141 The liability of defendant is on account of a fire occurring on the 17th 142 day of January, 1908. Amount claimed, $1,500. 143 (In lieu of the foregoing the following will suffice:) 144 Plaintiff's claim is as insured against defendant as insurer in a fire insur- 145 ance policy of which the following is a copy: 146 (Here insert copy.) 147 The liability of defendant is on account of a fire occurring on the 17th 148 day of January, 1908. Amount claimed, $1,500. . 149 5. Special contract in wbiting. 150 Plaintiff's claim is for the breach by the defendant of a contract in writ- 151 ing executed by the plaintiff and the defendant at Chicago, Illinois, on the 2d 152 day of January, 1907, by the terms of which the defendant was required 153 ,to deliver to the plaintiff free on board the cars at Pittsburg, Pa., on or be- 17G 154 fore the first day of March, 1907, 2,000 tons of structural steel, the breach 155 consisting in the non-delivery by the defendant of the steel as stipulated in 156 the contract. The damages of plaintiff are $2,000, being extra price paid by 157 plaintiff for steel to replace that contracted for, and $1,000 special damages 158 through delay occasioned to defendarit in fulfilling contract for erection of 159 building at No. 1400 Wabash Ave., Chicago, Illinois. Total damages claimed, 160 $3,000. 161 (In lieu of the foregoing the following will suffice:) 162 Plaintiff's claim is for the breach by the defendant of a contract in writ- 163 ing of which the following is a copy: 164 (Here insert copy.) 165 The breach sued for consists in the non-delivery by the defendant of the 166 steel as stipulated in the contract. The damages of plaintiff are $2,000, being 167 extra price paid by plaintiff for steel to replace that contracted for, and $1,000 168 special damages through delay occasioned to defendant in fulfilling contract 169 for erection of building at No. 1400 Wabash Avenue, Chicago, Illinois. Total 170 damages claimed, $3,000. 171 6. Judgment eecovbebd. 172 Plaintiff's claim is for a judgment recovered by plaintiff against defendant 173 on the 2d day of January, 1891, in the circuit court of Cook county, Illinois, 174 for $10,000 and costs of suit, in case general number 85767 in said court. 175 Amount claimed, $15,000. 176 7. EjEvryAL of judgment. 177 Plaintiff's claim is for the revival of a judgment for $1,000, entered by 178 the circuit court of Cook county in favor of plaintiff and against defendant on 179 the 2d day of January, 1900, in case general number 146219, the amount due 180 thereon being $500 with interest at the rate of five ner cent, per annum from 181 January 2, 1900. Amount claimed, $800. 182 8. Appeal bond. 183 Plaintiff's claim is upon an appsal bond in the penal sum of $10,000, 184 dated Jan. 2, 1907, executed by defendants in the case of John Doe v. Eiehard 185 Eoe, in the circuit court of Cook county, Illinois, being case general number 186 92116, upon an appeal to the appellate court of the first district from a judg- 187 ment of said circuit court in favor of the plaintiff and against the defendant 177 188 for $8,000 and costs of suit, the breach being the non-payment of the judgment 189. and costs mentioned in the bond. Amount claimed $6,000. 190 (In lieu of the foregoing the following will suffice:) 191 The plaintiff's claim is on an appeal bond of which the following is a copy: 192 (Here insert copy.) 193 The breach sued for is the non-payment by the defendant of the amount 194 of the judgment and costs mentioned in the bond. Amount claimed $6,000. 195 9. Attachment bond. 196 Plaintiff's claim is upon an attachment bond in the penal sum of $10,000, 197 dated Jan. 2, 1907, executed by the defendants in the case of Richard Eoe v. 198 John Doe, being case general number 254379, in the circuit court of Cook 199 county, the breach being the failure of the defendant Eichard Eoe to prosecute 200 his suit with effect, and also the non-payment of the costs of suit and the damages 201 awarded for wrongfully suing out the attachment. Amount claimed $5,000. 202 (In lieu of the foregoing the following will suffice:) 203 Plaintiff's claim is on an attachment bond of which the following is a copy: 204 (Here insert copy.) 205 The breach sued for is the failure of the defendant Eichard Eoe to prose- SOS cute bis attachment suit with effect, and also his failure to pay and satisfy the 207 plaintiff the damages awarded for wrongfully suing out the attachment. 208 Amount claimed $5,000, 209 10. FOBTHCOMING BOND. 210 Plaintiff's claim is upon a forthcoming bond in the penal sum of $10,000, 211 dated Jan. 2, 1907, executed by the defendant in the case of John Doe v. Eichard 212 Eoe in the circuit court of Cook county, Illinois, being case general number 92347, 213 the breach being the failure of defendant Eichard Eoe to surrender the property 214 attached to answer the judgment for $8,000 rendered by said court in said suit 215 against said Eichard Eoe March 4, 1907. Amount claimed $4,000. 216 (In lieu of the foregoing the following will suffice:) 217 Plaintiff's claim is upon a forthcoming bond of which the following is a copy: 218 (Here insert copy.) 219 The breach sued for is the failure of the defendant Eichard Eoe to surren- 220 der the property attached to answer the judgment for $8,000 rendered by said 221 court in said suit against said Eichard Eoe March 4, 1907. Amount claimed 222 $4,000. 178 223 11. Surety bond. 224 Plaintiff's claim is upon a surety bond in the penal sum of $10,000, dated 225 Jan. 2, 1907, and numbered 94246, executed by defendants for and on behalf of 226 the defendant Richard Roe, the breach being non-payment of moneys of the 227 plaintiff wrongfully converted by the defendant Richard Roe at divers times 228 between Jan. 1, 1907, and Jan 2, 1908. Amount claimed $3,500. 229 (In lieu of the foregoing the following will suffice:) 230 Plaintiff's claim is upon a surety bond of which the following is a copy: 231 (Here insert copy.) 232 The breach sued for is the non-payment of moneys of the plaintiff wrong- 233 fully converted by the defendant Richard Roe at divers times between Jan. 2, 234 1907, and Jan. 2, 1908. Amount claimed $2,500. 235 C. Actions for Torts, Other Than Actions of Replevin and Actions for 236 THE Trial of the Right of Property. 237 1. Malicious prosecution. , 238 Plaintiff's claim is for being maliciously prosecuted by defendant on a 239 charge of larceny through indictment in the criminal court of Cook county, 240 being case general number 64822, the prosecution being terminated March 1, 241 1907. Amount claimed $5,000. 242 2. False imprisonment. 243 Plaintiff's claim is for being falsely imprisoned by defendant from Jan. 244 2, 1907, to Jan. 5, 1907, in Cook county, Illinois, without due process of law. 245 Amount claimed $10,000. 246 3. Assault and battery. 247 Plaintiff's claim is for an assault and battery committed by defendant on 248 plaintiff in Wabash avenue near Madison street on or about Jan. 1, 1907. 249 Amount claimed $15,000. 250 4. Slander. ' 251 Plaintiff's claim is for slander uttered by defendant in Cook county on or 252 about Jan. 1, 1907, consisting of the following words, to-wit: "He (i. e. the 253 plaintiff) is a thief." Plaintiff claims special damages because of discharge 254 from employment by John Smith on or about Feb. 1, 1907, because of said 255 slander. Amount claimed $10,000. 179 256 5. Libel. 257 Plaintiff's claim is for the following libellous publication made in Cook 258 county on or about January 1, 1907, by the defendant: 'Eichard Roe, who is 259 carrying on business as a practicing lawyer, is a shyster and incompetent to 260 properly transact business." Amount claimed $20,000. 261 6. Keeping mischievous animals. 262 Plaintiff's claim is for the keeping by the defendant of a dog known to be 263 vicious, which bit the plaintiff on or about Jan. 1, 1907. Amount claimed 264 $2,000. 265 7. Cbiminal conversation. 266 Plaintiff's claim against defendant is for criminal conversation with plain- 267 tiff's wife on or about Jan. 1, 1907. Amount claimed $25,000. 268 8. CONVEKSION OF PERSONAL PROPERTY. 269 Plaintiff's claim is for the conversion by the defendant on or about Jan. 270 1, 1907, of personal property of the plaintiff, consisting of a horse and wagon. 271 Amount claimed $250. 272 9. Seller of liquor. 273 Plaintiff's claim is for selling liquor from about Jan. 1, 1907, to about 274 March 1, 1907, by defendant to plaintiff's husband, John Doe, resulting in 275 plaintiff's injury in her person, property and means of support. Amount 276 claimed $2,000. 277 10. Lessor of seller of liquor. 278 Plaintiff's claim is for selling liquor from about Jan. 1, 1907, to about 279 March 1, 1907, by defendant's lessor, Eichard Eoe, to plaintiff's husband, John 280 Doe, resulting in plaintiff's injury in her person, property and means of sup- 281 port. Amount claimed $2,000. 282 11. Seller and lessor of seller of liquor. 283 Plaintiff's claim is against defendant Eichard Eoe, as lessee, and defend- 284 ant John Smith, as lessor, for selling liquor from about Jan. 1, 1907, to about 285 March 1, 1907, by said Eichard Eoe to plaintiff's husband, John Doe, resulting 286 in the death of said John Doe, causing injury to plaintiff in her person, prop- 287 erty and means of support. Amount claimed $10,000, 180 288 12. Violation of mining law resulting in injury op plaintiff. 289 Plaintiff's claim is for defendant's failure to keep a passageway in defend- 290 ant's coal mine in safe condition, resulting in plaintiff's injury on or about 291 Jan. 1, 1907. Amount claimed $15,000. 292 13. Violation of mining law resulting in death of plaintiff's intestate. 293 Plaintiff's claim is for defendant's failure to keep a passageway in defend- 294 ant's coal mine in safe condition, resulting in death of plaintiff's intestate on or 295 about Jan. 1, 1907, leaving Mary Do a and Henry Doe as next of kin. Amount 296 claimed $10,000. 297 14. Violation op fire-escape act resulting in injury to plaintiff. 298 Plaintiff's claim is for defendant's failure to provide fire-escapes on de- 299 fendant's building No. 150 Madison Street, resulting in plaintiff's injury on 300 or about Jan. 1, 1907. Amount claimed $5,000. 301 15. Violation of fire-escape act resulting in death of plaintiff's intes- 302 TATE. 303 Plaintiff's claim is for defendant's failure to provide fire-escapes on de- 304 fendant's building No. 150 Madison Street, resulting in the death of plaintiff's 305 intestate on or about Jan. 1, 1907, leaving Mary Doe and Henry Doe as next 306 of kin. Amount claimed $10,000. 307 16. Propelling steam engine on public highway. 308 Plaintiff's claim is against defendant for injuries to his person caused by 309 defendant's propelling a steam engine upon Madison street near State 310 street in Chicago, on or about Jan. 1, 1907, in violation of the act entitled "An 311 Act to protect persons and property from steam engines on public highways, ' ' 312 in force July 1, 1885. Amount claimed $5,000. 313 17. Violation op Motor Vehicle Law. 314 Plaintiff's claim is against defendant for personal injuries received by 315 plaintiff in Madison street, near State street in Chicago on or about Dec. 1, 1907, 316 through defendant's propelling an automobile in violation of the act known as 317 the Motor Vehicle Law, approved May 28, 1907. Amount claimed $10,000. 318 18. Unlawfully obstructing a highway. 319 Plaintiff's claim is against defendant for injuries to his person received 320 in State street near Madison street, Chicago, on or about Jan. 1, 1907, through 181 321 the obstructing by the defendant of the highway in violation of the act entitled 322 "An Act concerning travel upon public highways," in force July 1, 1895. 323 Amount claimed $2,000. 324 19. InrjuBY by collision with street cae. 325 Plaintiff's claim is for injuries to his horse and wagon occurring on or 326 about Jan. 1, 1907, in State street at or near its intersection with Madison 327 street, Chicago, by collision with defendant's trolley car because of defend- 328 ant's negligence. Amount claimed $250. 329 20. Injury to passengbe by collision of cabs. 330 Plaintiff 's claim is for an injury to his person received ^n or about Jan. 331 1, 1907, while a passenger on defendant's railway car on the way from Chicago 332 to Milwaukee, through a collision of cars occasioned by defendant's negli- 333 gence. Amount claimed $20,000. 334 21. Injury to passenger about to enter street car. 335 Plaintiff's claim is for injuries to his person received about Jan. 1, 1907, 336 while about to enter defendant's street car in State street near Madison street, 337 Chicago, caused by the sudden starting of the car through defendant's negli- 338 gence. Amount claimed $15,000. 339 22. Injury to passenger about to alight erom street car. 340 Plaintiff's claim is for an injury to his person received on or about Jan. 1, 341 1907, in State street near Madison street, Chicago, while about to alight from 342 defendant's street car, caused by the sudden starting of the car through de- 343 fendant's negligence. Amount claimed $10,000. 344 23. Injury to employe by machinery. 345 Plaintiff's claim is for the loss of his right hand on or about Jan. 1, 1907, 346 by means of a cutting machine in defendant's factory in Randolph street and 347 Fifth avenue, Chicago; occasioned by defendant's negligence. Amount claimed 348 $15,000. 349 24. Loss op goods by innkeeper. 350 Plaintiff's claim is against defendant as an innkeeper for the loss of one 351 suit of clothes on or about Jan. 2, 1907. Amount claimed $100. 352 25. Negligence of attorney in conducting case. 353 Plaintiff's claim is against defendant as an attorney for negligence in con- 354 ducting the case of John Doe v. Richard Roe, Tort, No. 1750, in the circuit court 182 355 of Cook county, from about July 1, 1909, to about July 1, 1911. Amount claimed 356 $5,000. 357 26. Negligence of attorney in giving advice. 358 Plaintiff's claim is against defendant as an attorney for negligence in ad- 359 vising plaintiff on or about Jan. 2, 1907, in respect to a certain contract be- 360 tween Jobn Doe and Eicbard Eoe. Amount claimed $500. 361 27. Negligence of attorney in examining title. 362 Plaintiff's claim is against defendant as an attorney for negligence on or 363 about Jan. 1, 1907, in examining the title to lot two in block 7 in tbe city of 364 Joliet. Amount claimed $2,000. 365 28. Negligence of sheriff as to summons. 366 Plaintiff's claim is against defendant as sheriff for negligence on or about 367 Jan. 1, 1910, in respect to the service of a summons upon Kichard Eoe in the 368 case of John Doe v. Eichard Eoe, Contract, No. 1780, in the circuit court of 369 Cook county. Amount claimed $1,000. 370 29. Negligence of sheriff as to execution. 371 Plaintiff's claim is against defendant as sheriff for negligence on or ab9ut 372 Jan. 1, 1910, in respect to the service and levy of an execution issued in the case 373 of John Doe v. Eichard Eoe, Contract, No. 250, in the circuit court of Cook 374 county. Amount claimed $500. 375 30. Malpractice of physician. 376 Plaintiff's claim is against defendant as a physician for negligence in treat- 377 ing the plaintiff from about the first day of January, 1909, to the first day of 378 February, 1909. Amount claimed $5,000 379 31. MaxiPractice of surgeon. 380 Plaintiff's claim is against defendant as a surgeon for negligence in per- 381 forming a surgical operation for appendicitis upon plaintiff on or about the 382 10th day of March, 1909. Amount claimed $10,000. 383 32. Negligence of landlord. 384 Plaintiff's claim is against defendant as plaintiff's landlord for negligently 385 failing to keep the premises known as 1400 State street, Chicago, Ilinois, from 386 Jan. 1, 1909, to about February 1, 1909, in proper condition, resulting in injury 387 to plaintiff's health. Amount claimed $5,000. 183 388 33. Negligence of occupant op premises. 389 Plaintiff's claim is against defendant as occupant of the premises known 390 as No. 2876 "Wabash avenue, Chicago, for negligently failing to keep the same 391 in proper condition from about Jan. 1, 1909, to about Feb. 1, 1909, resulting in 392 plaintiff's injury. Amount claimed $500. 393 34. Negligence of bailee of peesonal peopeety. 394 Plaintiff's claim is against defendant as bailee for damages for injuries to 395 a wagon intrusted by plaintiff to defendant as bailee, said injuries being occa- 396 sioned through defendant's negligence. Amount claimed $50. 397 35. Explosion of boilee. 398 Plaintiff's claim is against defendant for injuries to his person received on 399 or about Jan 1, 1909, through the explosion of a boiler at No. 150 Madison 400 street, Chicago, occasioned by defendant 's negligence. Amount claimed $10,000. 401 36. Injuey through unsafe machineey. 402 . Plaintiff's claim is against defendant for personal injuries received by 403 plaintiff at No. 150 Madison street, Chicago, on or about Jan. 1, 1909, through 404 the negligence of defendant in having unsafe machinery. Amount claimed 405 $5,000. 406 37. Injuey by an elevatoe. 407 Plaintiff's claim is against defendant for personal injuries received by . 408 plaintiff's intestate on oi about Jan. 1, 1908, at No. 150 Madison street, Chicago, 409 by an elevator, said injuries being occasioned by defendant's negligence, and 410 resulting in the death of said intestate, the next of kin being Mary Eoe and 411 Henry Eoe. Amount claimed $10,000. 412 38. Injury theough a defective sidewalk. 413 Plaintiff's claim is against defendant for personal injuries received by 414 plaintiff on or about Jan. 1, 1909, in Madison street near State street because 415 of the defective condition of a sidewalk through defendant's negligence. 416 Amount claimed $5,000. 184 417 D. Stattjtobt Liabilities. 418 1. Failtjbe of sheriff to take forthcoming bond. 419 Plaintiff's claim is against defendant as sheriff for failure to take a forth- 420 coming bond on or about Jan. 1, 1907,in the case of John Smith- v. John Jones, 421 Attachment, No. 750, in the circuit court of Cook county. Amount claimed 422 $3,500. 423 2. Taking by sheriff op insufficient fokthcoming bond. 424 Plaintiff's claim is against defendant as sheriff for taking an insufficient 425 forthcoming bond on or about Jan. 1, 1907, in the case of John Smith v. John 426 Jones, Attachment, No. 750, in the circuit court of Cook county. Amount 427 claimed $3,500. 428 3. Unpaid subscription to stock. 429 Plaintiff's claim is against defendant on a subscription made on or about 430 the first day of January, 1907, for fifty shares of the capital stock of the Peer- 431 less Motor Company. Amount claimed $5,000. 432 4. Liability of directors of corporation. 433 Plaintiff's claim is against defendant as director of the Peerless Motor 434 Company, under section 16 of chapter 32 of the Revised Statutes, the plaintiff 435 being a creditor of said corporation to the amount of $1,000 and interest from 436 Jan. 1, 1907, at six per cent per annum, his claim against the corporation being 437 a promisory note executed to him by the corporation for the sum of $1,000, 438 dated Jan 1, 1907, payable one year after date with interest at the rate of six 439 per cent per annum. Amount claimed $1,500. 440 5. Eecovery of money lost by gambling. 441 Plaintiff's claim is for money lost by plaintiff to the defendant in gambling 442 with cards on or about Jan. 1, 1907. Amount claimed $750. 443 6. Eecovery of treble amount of money lost in gambling. 444 Plaintiff's claim is for treble the amount of money lost by John Smith to 445 the defendant by gambling on the Board of Trade in wheat and corn on divers 446 dates between Jan. 1, 1907, and March 1, 1907. Amount claimed $15,000. 185 447 7. Violation op Civil Rights Law. 448 Plaintiff's claim is against defendant as keeper of the Auditorium Annex 449 for denying plaintiff the full equal enjoyment allowed other persons of the priv- 450 iliges of said Auditorium Annex on or about Jan. 1, 1908. Amount claimed 451 $1,000. 452 8. Violation op Raileoad and "Waeehouse Act by extoetion. 453 Plaintiff's claim is to recover treble damages with costs and attorney's 454 fees for extortionate charges made by defendant to plaintiff, being the sum of 455 $100 on or about Jan 1, 1908, upon a carload of horses shipped by plaintiff 456 through defendant from Chicago, Illinois, to Kansas City, Missouri. Amount 457 claimed $400. 458 E. Action to Recovee Fines oe Penalties foe the Violation of Municipal 459 Obdinances. 460 1. Violation op oedinance against disobdebly conduct. 461 Plaintiff's claim is for a penalty for a violation, on or about; Jan. 1, 1907, 462 by defendant of section 1454 of the Municipal Code of Chicago, in that de- 463 fendant was an idle and dissolute person and went about begging. Amount 464 claimed $100. 465 2. Violation of pawnbeokee okdinance. 466 Plaintiff's claim is for a penalty for a violation on or about Jan. 2, 1907, 467 by defendant, of section 1574 of the Municipal Code of Chicago, in that de- 468 fendant carried on the business of a pawnbroker without a license. Amount 469 claimed $100. 470 p. Actions foe the Recoveby op Real Pbopeety. 471 1. Foecible detainee. 472 Plaintiff's claim is for possession of the premises known as lot one in block 473 two in the city of Springfield wrongfully withheld by the defendant. 474 2. Foecible detainee and bent oe damages. 475 Plaintiff's claim is for possession of the premises known as lot one in block 476 two in the city of Springfield wrongfully withheld by defendant and also $500 477 rent (or damages, as the case may be). 186 478 3. Ejectment. 479 Plaintiff claims title in fee simple to an undivided one-half of lot 1 in block 480 two in the city of Springfield, Illtiiois. 481 4. Ejectment and use and occupation. 482 Plaintiff claims title in fee simple to an undivided one-half of lot one in 483 block two in the city of Springfield, Illinois, and also $500 for use and occupation. 484 Gr. Actions on Several Claims. 485 1. Action by one plaintiff having several claims against the defendant, 486 OR against several defendants jointly. 487 Plaintiff's claims are as follows: 488 1. For labor and services furnished by defendant as follows, to- wit: ten 489 days' work husking corn, commencing November 1, 1908, and ending November 490 11, 1908, at $2.50 per day or $25 in all. 491 2. For the amount due plaintiff as indorsee by defendant as maker of a 492 promissory note for $50 dated January 2, 1907, made by defendant at Chicago, 493 Illinois, and payable to the order of John Smith six "months after date with in- 494 terest at the rate of six per cent per annum and by John Smith indorsed, the 495 amount being $50 with interest at six per cent per annum from January 2, 1907. 496 2. Action by several plaintiffs each having separate causes of action 497 and there being questions of law or fact, or both, common to all of said 498 causes of action. 499 Plaintiffs' claims are separate claims of each plaintiff against the defend- 500 ant for monies severally paid by the plaintiffs to the defendant for telephone 501 service in excess of the amounts the defendant was entitled to receive from the 502 plaintiffs, and there being questions of law and fact common to all of said claims. 503 The claim' of plaintiff John Doe is for excess payments from about January 504 1, 1907, to about September 1, 1907, amounting to $75. 505 The claim of plaintiff Henry Smith is for excess payments from about March 506 1, 1907, to about January 1, 1908, amounting to $60. 507 The claim of plaintiff John Jones is for excess payment, from about July 508 1, 1907, to about July 1, 1908, amounting to $100, 187 Sec. 252. Forms op praecipes and statements of claims, etc.] The follow- 2 ing forms of praecipes and statements of claims and other papers filed there- 3 with shall be deemed to sufficiently comply with the provisions of this Act and 4 shall be taken as furnishing suggestions from which other similar papers may 5 be properly framed : 6 1. Praecipe for summons with demand for trial by jury, statement of 7 CLAIM AND affidavit OF CLAIM. 8 In the Circuit Court of Cook County, Illinois. 9 John Doe ) 10 V. y Contract. No. 217. 11 Richard Roe and William Roe ' 12 Peaecipe. 13 To the clerk of said court: 14 Please issue a summons requiring the appearance of the defendants on 15 Monday, the 24th day of February, 1908. 16 Plaintiff demands a trial by jury. 17 Henry Brown, 18 Attorney for Plaintiff, 19 927 Marquette Building, Chicago. 20 Statement of Claim. 21 Plaintiff's claim is for the amount due him as endorsee from defendants 22 as makers of a promissory note for $1,000 dated January 2, 1907, made by the 23 defendants at Chicago, Illinois, and payable to the order of John Smith three 24 months after date at the Commercial National Bank of Chicago for value re- 25 ceived, with interest at the rate of six per cent per annum and by John Smith 26 endorsed. Amount claimed $1,100. 27 Henry Brown, 28 Attorney for Plaintiff. 29 Affidavit of Claim. 30 John Doe on his oath says that he is the plaintiff in the above entitled ac- 31 iion ; that his claim is for the amount due upon the promisory note described 32 in the foregoing statement; that said promisory note was duly endorsed to 188 33 the plaintiff for value before maturity and that there is now due thereon from 34 the defendants to the plaintiff, after allowing to the defendants all their just 35 credits, deductions and set-ojBfs, the sum of one thousand dollars ($1,000) with 36 interest thereon from the second day of January, 1908, at the rate of six per 37 cent per annum. 38 , John Doe. 39 Subscribed and sworn to before me this 18th day of February, 1908. 40 John Smith, Clerk. 41 2. Praecipe foe writ op attachment and garnishee summons with apfi- 42 davit por attachment. 43 In the Circuit Court op Cook County, Illinois. 44 John Doe j 45 _ V. ( Attachment. No. 214. 46 Eichard Eoe and William Eoe. ) 47 Praj]cipe. 48 To the clerk of said court: 49 Please issue a writ of attachment requiring the appearance of the defend- 50 ants on Monday, the 30th day of March, 1908, and also a garnishee summons 51 to Henry Jones for his appearance on the same date. 52 " Henky Brown, 53 Attorney for Plaintiff, 54 927 Marquette Building, Chicago. 55 Appidavit pok Attachment. 56 Jolin Doe on his oath says that he is ,the plaintiff in the above entitled ac- 57 tion and that the defendants are indebted to him in the sum of one thousand 58 and sixty-five dollars ($1,065 )i on a promisory note for one thousand dollars 59 ($1,000), dated January 2, 1907, made by the defendants at Chicago, Illinois, 60 and payable to the order of John Sm ith three months after date at the Com- 61 mercial National Bank of Chicago, for value received, with interest at the rate 62 of six per cent per annum, which said promisory note was duly endorsed to 63 the plaintiff for value before maturity, after allowing to the defendants all their 64 just credits, deductions and set-offs; that the defendants are not residents of 189 65 this State and that their respective places of residence are unknown to this af- 66 fiant and upon diligent inquiry he has not been able to ascertain the same or 67 either of them. 68 John Doe. 69 Subscribed and sworn to before me this first day of February, 1908. '^ John Smith, Clerk. 71 IntEBBOGATOBIES to GrAENISHEE. 72 1. What is your name, age, occupation and place of residence? 73 2. Are you accquainted with Eichard Eoe and William Eoe or either of 74 them, and if so how long have you been acquainted with each of them respect- 75 ivelyf 76 3. Are you indebted in any manner to said Eichard Eoe, and if so in what 77 amount and on what account are you so indebted to him, and when will such in- 78 debtedness become due and payable? 79 4. Are you indebted in any manner to said William Eoe, and if so in what 80 amount and on what account are you so indebted to him, and when will such 81 indebtedness become due and payable? 82 5. Have you in your possession, custody or charge any effects or estate of 83 said Eichard Eoe, and if so, what effects or estate have you so in your posses- 84 sion, custody or charge and what is the interest of said Eichard Eoe therein 85 and what claim or claims have you or any other person than said Eichard Eoe 86 to your knowledge upon the same or upon any portion thereof? 87 6. Have you in your possession, custody or charge any effects or estate of 88 said William Eoe, and if so, what effects or estate have you so in your posses- 89 sion, custody or charge, and what is the interest of said Wiliam Eoe therein 90 and what claim or claims have you or any other person than said William Eoe 91 to your knowledge upon the same or upon any portion thereof? 92 Note. 93 Where the plaintiff elects that no personal property shall be seized by the 94 officer under the writ the above form of praecipe may be varied fromi by adding 95 thereto the following: "The plaintiff elects that personal property shall not 96 be seized under the writ." 190 97 3. Praecipe foe weit of attachment of watee ceaft with affidavit foe 98 attachment of watee ceaft. 99 In the Ciecuit Couet of Cook County, Illinois. 100 John Doe i 101 V. Uttachment of Water Cra-ft. No. 27. 102 Owners of Steamship Manitou. I 103 Peabcipe. 104 To the clerk of said court: 105 Please issue a writ of attachment of water craft requiring the appearance 106 of the defendants on Monday, the 30th day of March, 1908. 107 Henet Beown, 108 Attorney for Plaintiffs 109 927 Marquette Building, Chicago. 110 Affidavit foe Attachment of Watee Ceaft. 111 John Doe on his oath says that he is the plaintiff in the ahove entitled 112 action; that- he has performed services as an engineer on board of the water 113 craft of above five tons burthen named "Steamship Manitou" from the second 114 day of January, 1908, until the 15th day of February, 1908, for which he is justly 115 entitled to the sum of sixty dollars ($60), after allowing all just credits, de- 116 ductions and set-offs; that the name of the owner or owners of such water 117 craft or his or their places of residence is or are unknown to the plaintiff; and 118 that he has made inquiry and is unable to ascertain the same; and that the 119 plaintiff claims and is entitled to a lien upon said Steamship Manitou in pur- 120 suance of the statute of this State. 121 John Doe. 122 Subscribed and sworn to before me this 18th day of February, 1908. 123 John Smith, Olerk. 124 4. Praecipe foe summons in distbess for eent with disteess warrant and 125 inventory. 126 In the Circuit Court of Cook County, Illinois. 127 John Doe 128 V. 129 Richard Roe. 130 Praecipe. 131 To the clerk of said court: 132 Please issue a summons requiring the appearance of the defendant on Mon- 133 day, the 24th day of February, 1908. 134 Henry Brown, 135 Attorney for Plaintiff, 136 927 Marquette Building, Chicago. Distress for Rent. No. 160. 191 137 Copy of Disteess Wakkant. 138 To Henry Smith of Cook County, Illinois : 139 Distrain the goods and chattels of Richard Koe which are liable to be dis- 140 trained, wherever they may be found in the county of Cook and State of Illi- 141 nois, where the said Richard Roe resides, for the sum of one hundred dollars 142 ($100), being two months' rent due me from the 15th day of February, 1908, 143 from the said Richard Roe for the premises now in his possession demised to 144 him by me and situated in said county. 145 Dated this 17th day of February, 1908. 146 John Doe. 147 Inventory. 148 Inventory of the property of Richard Roe distrained by me on the 18th day 149 of February, 1908, in the county of Cook where ,the said Richard Roe resides, 150 by virtue of the warrant and authority and in behalf of John Doe, the land- 151 lord, for the sum of one hundred dollars ($100), being two months' rent due 152 to said landlord on the 15th day of February, 1908, for the premises in the 153 warrant mentioned, the property so distrained being as follows : 154 (Here describe property distrained.) 155 Henry Smith. 156 5. Praecipe for writ of replevin with affidavit for replevin. 157 In the Circuit Court of Cook County, Illinois. 158 John Doe and William Doe, part- 159 ners in business as Doe 160 Brothers, 161 V. 162 Richard Roe. Replevin. No. 175. 163 Praecipe. 164 To the clerk of said court : 165 Please issue a writ of replevin requiring the appearance of the defendants 166 on Monday, the 24th day of February, A. D. 1908. Henry Brown, IQj Attorney for Plaintif, IQg 927 Marquette Building, Chicago. * Igg affidavit for replevin. 170 John Doe on his oath says that he is one of the plaintiffs in the above 171 entitled action and that the plaintiffs are lawfully entitled to the possession 172 of the following described goods and chattels, to-wit: One bay horse about 192 173 SIX years old, with white star in forehead, and one roan horse about five 174 years old, which horses are of the value of two hundred and fifty dol- 175 lars ($250) and no more; that the said property is wrongfully detained by 176 the above named defendant, Richard Roe; and that the same has not been 177 taken for any tax, assessment or fine levied by virtue of any law of this State 178 against the property of the plaintiffs or against the plaintiffs individually, nor 179 seized under any execution or attachment against the goods and chattels of 180 the plaintiffs, nor held by virtue of any other writ of replevin issued in an 181 action now pending and undetermined in any court of record of this State. 182 John Doe. 183 Subscribed and sworn to before me this 18th day of February, 1908. 184 John Smith, Clerk. 185 6. Praecipe foe summons in teial of eight of peopeety with statement of 186 claim. 187 In the Ciecxjit Coxjet of Cook County, Illinois. 188 John Doe i 189 V. I Trial of roght of property. No. 67. 190 Richard Roe and John Smith. J 191 Pkaecipe. 192 To the clerk of said court: 193 Please issue a summons requiring the appearance of the defendants on Mon- 194 day, the 24th day of February, 1908. 195 Heney Beown, 196 Attorney for Plaintiff. 197 927 Marquette Building, Chicago. 198 Statement of Claim. 199 Plaintiff's claim is for one bay horse with white star in forehead levied 200 upon by John Smith, as sheriff of Cook county, on or about February 17, 1908, 201 under an execution in favor of Richard Roe and against Henry Jones for the 202 sum of five hundred dollars ($500) damages and five dollars ($5) costs and 203 issued out of the Circuit Court of Cook County Illinois, and dated February 204 5, 1908. 205 Heney Brown, 206 ^ Attorney for Plcdntiff. 193 207 7. Pkaecipe fob summons in fobcibj.e detainee with statement of claim. 208 In the CmcuiT Court of Cook County, Illinois. )■ 209 John Doe 210 V. ^Forcible Detainer. No. 48. 211 Eichard Roe. 212 Pbaecipe. 213 To the clerk of said court: 214 Please" issue a summons requiring the appearance of the defendant on Mon- 215 day, the 24th day of February, 1908. 216 Henby Beown, 217 ' Attorney for Plaintiff. 218 927 Marquette Building, Chicago. 219 Statement of Claim. 220 Plaintiff's claim is for possession of the premises known as lot one (1) in 221 block twenty-:five (25) in the city of Chicago, wrongfully withheld by defendant. 222 Henby Bbown, 223 Attorney for Plaintiff. '224 8. Pbaecipe fob summons in ejectment and statement of claim. 225 In the Ciecuit Court of Cook County, Illinois. 226 John Doe 227 V. 228 Jlichard Roe, William Roe and Jane 229 Roe. Ejectment. No. 197. 230 Pbaecipe. 231 To the clerk of said court: 232 Please issue a summons requiring the appearance of the defendants on 233 Monday, the 24th day of February, 1908. \ Henby Bbown, 234 Attorney for Plaintiff, 235 927 Marquette Building, Chicago. 236 Statement of claim. 237 Plaintiff claims title in fee simple to an undivided one-half of Lot one (1) 238 in Block two (2) in the city of Chicago Heights, Cook County, Illinois. 239 Henby Bbown, 24Q Attorney for Plaintiff. 194 241 9. Praecipe for summons in revival, op judgment with statement op 242 CLAIM. 243 In the Circuit Court of Cook County, Illinois. 244 John Doe ] 245 V. ^Eevival of Judgment. No. 61. 246 Eichard Eoe. J 247 Praecipe. 248 To the clerk of said court: 249 Please issue a summons requiring the appearance of the defendant on Mon- 250 day, the 24th day of February, 1908. 251 Henry Brown, 252 Attorney for Plaintiff. 253 927 Marquette Building, Chicago. 254 Statement of Claim. 255 Plaintiff's claim is for the revival of a judgment for $1*000 entered by the 256 circuit court of Cook county, in favor of plaintiff against defendant on the 2d 257 day of January, 1900, in case Gen. No. 146219, the amount due thereon being 258 $500 with interest at the rate of five per cent per annum from January 2, 259 1900. Amount claimed $800. 260 Henry Brown, 261 Attorney for Plcdntiff. 262 10. Praecipe for summons in quasi criminal action for fine for viola- 263 TiON of ordinance with statement of claim. 264 In the Criminal Court of Cook County, Illinois. ]' 265 City of Chicago 266 v. j-Quasi Criminal. No. 91. 267 Eichard Eoe 268 Praecipe. 269 To' the clerk of said court: 270 Please issue a summons requiring the appearance of the defendant on Mon- 271 day, the 24th day of February, 1908. 272 Henry Brown, 273 Attorney for Plaintiff. 274 927 Marquette Building, Chicago. 195 275 STAa?EMENT OF ClAIM. 276 Plaintiff's claim is for a penalty for a violation by defendant, on or about 277 January 2, 1908, -of section 1574 of the Municipal Code of Chicago, in that de- 278 fendant carried on the business of a pawn broker without a license. Amount 279 claimed $100. 280 Henry Beown, 281 Attorney for Plaintiff. 282 11. Praecipe and statement of claim in case of refusal of party to join 283 as plaintiff. 284 In the Circuit Court of Cook County, Illinois. 285 John Doe ) 286 V. [ Contract. No. 54. ' 287 Eichard Eoe and Henry Doe. ) 288 Praecipe. 289 To the clerk of said court: 290 Please issue a summons requiring the appearance of the defendants on Mon- 291 day, the 24th day of February, 1908. 292 ' " Henry Brown, 293 Attorney for Plaintiff. 294 927 Marquette Building, Chicago. 295 Statement of Claim. 296 Plaintiff's claim is jointly with the defendant Henry Doe. against the defend- 297 ant Eichard Eoe for $1,075, being the amount due plaintiff and said Henry 298 Eoe as payees from the defendant Eichard Eoe as maker of a promissory note 299 for $1,000 dated January 2, 1907, madeby the defendant at Chicago, Illinois, and 300 payable to the order of plaintiff and Henry Doe three months after date, at the 301 Commercial National Bank of Chicago, with interest at the rate of six per cent 302 per annum. Said Henry Doe refuses to join in the action. 303 Henry Brown, 304 Attorney for Plaintiff. 196 305 12. Praecipe for summons with statement of claim in action by co-part- 306 nership in firm name against other co-partnership in firm name. 307 In the Circuit Court of Cook County, Illinois. 308 John Doe & Co., a co-partnership 309 V. 310 Eichard Eoe & Co., a co-partnership. Contract. No. 81. 311 Praecipe. 312 To the clerk of said court : 313 Please issue a summons requiring the appearance of the defendants on 314 Monday, the 24th day of .February, 1908. 315 Henry Brown, 316 Attorney for Plaintiff. 317 927 Marquette Building, Chicago. 318 Statement of Claim. 319 Plaintiff's claim is for the storage by the defendants from November 1, 320 1907, to November 1, 1908, in the plaintiff's warehouse at No 5, Wabash Avenue. 321 Chicago, Illinois, of one hundred barrels of sugar at fifty cents per barrel mak- 322 ing in all $50. 323 Henry Brown, 324 Attorney for Plaintiff. 325 Note. 326 When the names of the co-partners are specified the title of the action may 327 be as follows: 328 John Doe & Co., a co-partnership com- 329 posed of John Doe and Henry Doe, 330 V, V. 331 Eichard Eoe & Co., a co-partnership 332 composed of Eichard Eoe and Wil- 333 liam Eoe. Contract. No. 81. 197 334 13. Praecipe for summons with statement of claim in action brought by 335 assignee. 336 In the Circuit Court of Cook County, Illinois. 337 John Doe, 338 V. 339 Richard Roe and John Smith. -Contract. No. 17. 340 Praecipe. 341 To the clerk of said court: 342 Please issue a summons requiring the appearance of the defendants on Mon- 343 day, the 24th day of February, 1908. 344 Henry Brown, 345 Attorney for Plaintiff. 346 ' 927 Marquette Building, Chicago. 347 Statement of Claim. 348 Plaintiff's claim is against the defendant Richard Roe for the care and 349 keeping by the defendant John Smith for the defendant Richard Roe of ten 350 horses for ten days commencing November 1, 1907, and ending November 10, 351 1907, at $5 per day, total $50, plaintiff being assignee of John Smith by assign- 352 ment on December 1, 1907. 353 Henry Brown, 354 Attorney for Plcdntiff. 355 14. Praecipe for summons with statement of claims in action brought 356 FOR several claims. 357 In the Circuit Court of Cook County, Illinois. 358 John Doe i 359 v. ^Contract. No. 600. 360 Richard Roe. J 361 Praecipe. 362 To the clerk of said court: 363 Please issue a summons requiring the appearance of the defendant on Mon- 364 day, the 24th day of February, 1908. 365 Henry Brown, 366 Attorney for Plaintiff. 367 927 Marquette Building, Chicago. 198 368 Statement of Claims. 369 Plaintiff's claims are as follows: 370 1. For the use and occupation by the defendant from November 1, 1905, to 371 November 1, 1908, of the premises known as Flat No. 6 in the apartment build- 372 ing at the southeast corner of 35th street and Wabash avenue, the amount 373 claimed being $1,500. 374 2. For the amount due him as endorsee against the defendant as maker 375 of a promissory note for $1,000, dated January 2, 1907, made by the defendant 376 at Chicago, Illinois, and payable to the order of John Smith three months after 377 date at the Commercial National Bank of Chicago, with interest at the rate of 378 six per cent per annum and by John Smith endorsed, the amount claimed being 379 $1,075. 380 3. For a judgment recovered by plaintiff against defendant on the second 381 day of January, 1891, in the circuit court of Cook county, Illinois, for $10,000 382 and costs of suit in case Gen. No. 85,767 in said court, the amount claimed be- 383 ing $15,000. 384 4. For the conversion by the defendant on or about January 1, 1907, of 385 personal property of the plaintiff consisting of a horse and wagon, the amount 386 being $250. 387 Henry Beown, 388 Attorney for Plcdntiff. 389 15. Praecipe for summons with statement of claims in action brought 390 BY several plaintiffs having separate claims against the same defendant. 391 In the Circuit Court of Cook County, Illinois. 392 Jane Doe, as administratrix of the 393 estate of John Doe, deceased, Mary 394 Jones, as administratrix of the 395 estate of Henry Jones, deceased, 396 and Ellen Brown, as administratrix 397 of the estate of William Brown, de- 398 ceased, 399 V. 400 The Chicago, Milwaukee and St. Paul 401 Coal Company. 402 Praecipe. ' 403 To the clerk of said court: 404 Please issue a summons requiring the appearance of the defendant on Mon- 405 day, the 24th day of February, 1908. 406 John Smith, 407 Attorney for Plaintiffs. 408 1217 First Nat. Bank Bldg., Chicago. Tort. No. 700. 199 409 Statement of Claims. 410 Plaintiffs' claims are separate claims of eaeli plaintiff against the defend- 411 ant for personal injuries received by their respective intestates on or about Jan- 412 uary 1, 1908, at the coal mine of defendant in Bureau county, Illinois, said in- 413 juries being occasioned by defendant's negligence and resulting in the deaths of 414 said intestates and each of them, and there being questions of law and fact 415 common to all of said claims. 416 The next of kin of John Doe are Jane Doe and Henry Doe, and the amount 417 of their claim is $10,000. 418 The next of kin of Henry Jones are Mary Jones and William Jones and 419 the amount of their claim is $10,000. 420 The next of kin of William Brown are Ellen Brown and John Brown, and 421 the amount of their claim is $10,000, 422 John Smith, 423 Attorney for Plaintiff. Sec. 253. Motion and affidavit in abatement — specification of defenses.] 2 The defendant in any action at law, other than an action of mandamus, an action 3 of habeas corpus, an action of quo warranto, an action of certiorari, an action of 4 contempt, a quasi criminal action commenced by warrant, or a criminal action, 5 shall, at the time he enters his appearance, file with the clerk either a motion for 6 an abatement of the action and an afiidavit in support thereof, either with or 7 without a specification, in an abbreviated form, of his defense or defenses, if any, 8 to the action, or a specification, in an abbreviated form, of his defense or de- 9 fenses to the action without such motion and affidavit, and shall, at the same 10 time, deliver or cause to be delivered a copy of such motion in abatement, affi- 11 davit and specification, if any, of his defense or defenses, or a copy of his 12 specification of defense or defenses without such motion and affidavit, as the case 13 may be, to the plaintiff or to the plaintiff's attorney. Such motion in abate- 14 ment, affidavit and specification, if any, of defense or defenses, or specification 15 of defense or defenses without such motion and affidavit, as the case may be, 16 shall be written upon the same sheet of paper with the appearance when practi- 200 17 cable, and, when that is impracticable, they shall be fastened together and filed 18 as one paper. Sec. 254. Motion in abatement to be accompanied by affidavit— when ac- 2 TioN NOT to abate— form.] Every motion for an abatement of the action shall 3 be in writing and shall be accompanied by an affidavit setting forth the facts 4 relied upon by the defendant in support of his motion: Provided, however, ;that 5 no matter shall be ground for an abatement of the action which heretofore 6 might have been pleaded in bar thereof, and that no cause of action shall be ex- 7 tinguished, or action at law or in equity abate, by reason of the death, mar- 8 riage or insanity of any party thereto, but such action may, notwithstanding 9 such death, marriage or insanity, be commenced, or, if already commenced, may 10 proceed, in the name of or against the executor or administrator of the de- ll ceased person, or, in the name of or against the married woman, or, in the name 12 of or against ,the conservator of the insane person ( if the same pertains to per- 13 sonal estate, or, in the name of or against the executor, heir or devisee of such 14 deceased person, or, in the name of or against such married woman, or the con- 15 servator of such insane person, if the same concerns real estate. Nor shall 16 any cause of action be extinguished or any action at law or in equity against 17 any public officer, receiver or trustee abate by reason of his death or going out 18 of office, but notwithstanding such death or going out of office, such action may 19 be commenced, or, if already commenced, may proceed in the name of or against 20 his successor in such office, receivership or trust. The following form of appear- 21 ance, motion in abatement and affidavit in support thereof, when accompanied 22 by a specification, if any, of the defendant's defense or defenses, shall be deemed 23 to sufficiently comply with the provisions of this act and shall be .taken as fur- 24 nishing suggestions from which other similar papers may be properly framed : 201 25 In the Cikcuit Cotjet of Cook County, Illinois. 26 John Doe ] V. Contract. No. 510. 27 EichardEoe. J 28 Appeabancb and Motion in Abatement. 29 The appearance of the defendant is hereby entered and the defendant moves 30 that the action abate. 31 William Smith, 32 Defendant's Attorney, 33 19 Monroe St., Chicago, Illinois. 34 Aj"fidavit in Abatement. 35 Eichard Eoe on his oath says that he is the defendant in the above entitled 36 action; that at the time of the commencement of said action and the service of 37 summons upon him he was not a resident of the said county of Cook and that 38 he was not found nor served with said summons in the said county of Cook, but 39 was found and served with said summons in the county of Will, in said State of 40 Illinois. 41 EiOHAED Eoe. 42 Subscribed and sworn to before me this 24th day of February, 1908. 43 John Smith, Cleric. 44 (Here insert specification of defense or defenses.) Sec. 255. How motion in abatement determined.] Every motion for an 2 abatement of the action shall be determined by the court in a summary manner 3 either upon the affidavit accompanying the same, if none of the material facts 4 therein contained is contradicted by the plaintiff by counter-affidavit, or, if any 5 such matters are contradicted by such counter-affidavit, or if the plaintiff shall 6 file an affidavit setting forth that he has no knowledge respecting the matters set 7 forth in the defendant's affidavit, such motion shall be determined by evidence 8 introduced in open court as upon the trial of an issue of fact : Provided, how- 9 ever, that if either party shall have filed a demand in writing of a trial by jury 10 in such action the facts put in issue upon such motion shall, upon the request of 11 such party, be tried by jury. 202 Sec. 256. Judgment upon determination of motion in abatement.] If 2 the issue upon a motion for an abatement of the action be found by^the court 3 or the jury in favor of the defendant, the court shall enter judgment that the 4 action abate, unless the plaintiff, within such time as may be allowed therefor 5 by the court, shall, by amendment or otherwise, remove the ground for such 6 abatement: Provided, however, that, in case the ground of abatement is that 7 the action has been brought in the wrong court, the same shall be transferred to 8 the proper court as hereinbefore provided. If such issue be found in favor of 9 the plaintiff the action shall be tried upon its merits. Sec. 257. Defects kemovable by amendment.] No action shall be defeated 2 by a motion in abatement, if the defect found be capable of amendment and is 3 amended on terms prescribed by the court, and in case of a misnomer of either 4 party the correct name of such party shall be substituted on the record for such 5 misnomer and the action shall proceed in the name of or against the party so 6 substituted without further service of process. Sec. 258. Specification of defenses to be mere memorandum.] The spec- 2 ification of the defendant's defense or defenses shall not be a complete state- 3 ment as to each defense of all the elements which in law constitute such defense, 4 but shall be a mere memorandum specifying the nature of the defense and giving 5 such information as to place, time and other particulars, as to enable the plain- 6 tiff to ascertain the extent to which the claim of the plaintiff will be contro- 7 verted and the nature of the defense or defenses which will be made thereto by '8 the defendant. It shall be written upon the same sheet of paper with the ap- 9 pearance, when practicable, and, when that is impracticable, such appearance 10 and specification of defenses shall be fastened together and filed as one paper. Sec. 259. Classification of actions for purposes of specification of de- 2 fenses.] For convenience in the specification of defenses actions at law, other 3 than actions of mandamus, actions of habeas corpus, actions of quo warranto, 203 4 actions of certiorari, actions of contempt and criminal actions, shall be divided 5 into the following classes : 6 i^irs^— Contracts not in writing.] Actions on contracts, express or im- 7 plied, other than contracts in writing. 8 fi^eco«(Z— Contracts in writing.] Actions on contracts in writing other 9 than penal bonds, judgments and recognizances. 10 Third — Penal bonds.] Actions on penal bonds. 11 FoMr^fe— Judgments.] Actions on judgments and actions to revive judg- 12 ments. 13 Fifth — Torts to person or personal, property.] Actions for torts to the 14 person or to personal property, other than actions of replevin and actions for 15 the trial of the right of property. 16 fi'iaji^— Eeplevin.] Actions of replevin. 17 Seventh — Trial of right of property.] Actions for the trial of the right 38 of property. 19 Eighth — Torts to reaij estate.] Actions for torts to real estate. 20 Mw^/j.— Forcible detainer.] Actions of forcible detainer. 21 Tenth— 'EjEGTM^EHiT.] Actions of ejectment. 22 Eleventh— QvASi criminal.] Actions of a quasi erimirial nature. 23 Twelfth— 'B^coGNizASGES.] Actions on recognizances. Sec. 260. Defenses to actions on contracts not in writing.] The de- 2 fenses to actions on contracts, express or implied, not in writing shall be known 3 and stated, in abbreviated forms, in specifications of defenses as (a) general 4 issue, (b) satisfaction, (c) statute of frauds, (d) statute of limitations, (e) usury, 5 (/) discharge in bankruptcy, (g) set off, (h) tender and (i) breach of warranty 6 and with respect to said several defenses the following rules shall prevail : 7 • FtVs^— General issue.] The defense of general issue, without further spec- 8 ification of particulars, shall include all matters of defense not included within 9 those hereinafter in this section specified. 204 10 Second— Satisfaction.] The defense of satisfaction shall include the de- ll fenses heretofore commonly known and described as pleas of payment, release 12 and accord and satisfaction. The specification thereof in the abbreviated form 13 above provided for shall be followed by a statement of the approximate date of 14 such satisfaction and of the manner or means by which the same was accom- 15 plished. 16 T/i*V^— Statute of frauds.] The defense of statute of frauds, without 17 further specification of particulars, shall include the defense heretofore com- 18 monly known and described as the plea of the statute of frauds. 19 Fourth St ATMTFi of limitations.] The defense of statute of limitations, 20 without further specification of particulars than the number of years fixed by the 21 statute for barring the action, shall inslude the defenses heretofore commonly 22 known and described as pleas of statutes of limitations. 23 Fifth— VsvBY.] The defense of usury shall include the defense heretofore 24 commonly known and described as the plea of usury. The specification thereof 25 in the abbreviated form above provided for shall be fojlowed by a statement of 26 the rate of interest unlawfully contracted for and the date, approximately, when 27 contracted for. 28 Sixth— BiscsABGE in bankruptcy.] The defense of discharge in bankruptcy 29 shall include the defense heretofore commonly known and described as the plea 30 of discharge in bankruptcy. The specification thereof in the abbreviated form 31 above provided for shall be followed by a statement giving the date on which 32 and the court by which the discharge was entered. 33 Seventh— S-ET-ovF.] The defense of set-off shall include the defense here- 34 tofore commonly known as the plea of set-off. The specification thereof in the 35 abbreviated form above provided for shall be followed by a statement of the 36 defendant's claim which he proposes to set off, which statement shall contain 37 the same particulars required in a statement of a similar claim by the plaintiff. 205 38 £'i^/if/i— Tender.] The defense of tender shall include the defense hereto- 39 fore commonly known and described as the plea of tender. The specification 40 thereof in the abbreviated form above provided for shall be followed by a state- 41 ment of the approximate date and amount of the tender. 42 Ninth — Breach or wabbanty.] The defense of breach of wabbanty shall in- 43 elude the defense heretofore commonly known and described as the plea of 44 breach of warranty. The specification thereof in the abbreviated form above 45 provided for shall be followed by a statement of the approximate date of the 46 warranty and of the terms thereof. See. 261. Defenses to cbbtain actions on contracts in writing.] The de- 2 fenses to actions on contracts in writing other than penal bonds, judgments or 3 recognizances, shall be known and stated in abbreviated forms in specifications 4 of defenses as (a) general issue, (fo) non est factum, (c) satisfaction, (d) statute 5 of limitations, (e) usury, (/) discharge in bankruptcy, (g) set off, (h) want of 6 consideration, (i) failure of consideration, (j) partial failure of consideration, 7 (k) further time given principal, (l) breach of warranty, (m) fraud and circum- 8 vention, and (n) tender. With respect to said several defenses the following 9 rules shall prevail: 10 First — GrENERAL ISSUE.] The defense of general issue, without further speci- 11 fication of particidars, shall include all matters of defense not included within 12 those hereinafter in this section specified. 13 Second — Satisfaction, etc.] The defenses of satisfaction, statute of limita- 14 tions, usury, discharge in bankruptcy, set off, breach of warranty and tender 15 shall be governed by the same rules prescribed for those defenses respectively 16 in the preceding section. 17 Third — Non est factum.] The defense of non est factum, without further 18 specification of particulars, shall include the defense heretofore commonly known 19 and described as the plea of non est factum. 206 20 Fourth—'W A^T of considebation.J The defense of want op consideration, 21 without further specification of particulars, shall include the defense heretofore 22 commonly known and described as the plea of want of consideration. 23 i^i/^/i— Failtjeb of considebation.] The defense of failure of consideration 24 shall include the defense heretofore commonly known and described as the plea 25 of failure of consideration. The specification thereof in the abbreviated form 26 above provided for shall be followed by a statement of the consideration which 27 failed. 28 Sixth— Partiai, failure of consideration.] The defense of pabtial failure 29 OF CONSIDERATION shall iucludc the defense heretofore commonly known and de- 30 scribed as the plea of partial failure of consideration. The specification thereof 31 in the abbreviated form above provided for shall be followed by a -statement of 32 the consideration and of the portion thereof which failed. 33 Seventh— FvB,TH.Bn time given principal.] The defense of further time 34 GIVEN PRINCIPAL, without further specification of particulars, shall include the de- 35 fense heretofore commonly known and described as the plea of a surety of fur- 36 ther time given his principal. 37 Eighth— Fb,avt) and circumvention.] The defense of fraud and circum- 38 vention, without further specification of particulars, shall include the defense 39 heretofore commonly known and described as the plea of fraud and circum- 40 vention. Sec. 262. Defenses to actions on penal bonds.] The defenses to actions 2 on penal bonds shall be known and stated in abbreviated forms in specifications 3 of defenses as (a) non est factum, (6) bond delivered in escrow, (c) tender, (d) 4 nul tiel record, (e) non damnificatus, (/) performance, {g) no award, (h) merits 5 not determined and property in defendant, (i) satisfaction and (j) statute of 6 limitations, and with respect to said several defenses the following rules shall 7 prevail : 207 8 First — NoN est factum, etc.] The defense of non est factum, statute op 9 LIMITATIONS, TENDER and SATISFACTION shall be governed by the same rules pre- 10 scribed for those defenses respectively iu the preceding section. 11 Second— Bond delivered in escrow.] The defense of bond deliveked in 12 escrow, without further specification of particulars, shall include the defense 13 heretofore commonly known as the plea of bond delivered in escrow. 14 Third — Nul tiel record.] The defense of nul tiel record, without further 15 specification of particulars, shall include the defense heretofore commonly known 16 and described as the plea of nul tiel record. 17 Fourth— 'iio's damnificatus.] The defense of non damnificatus, without 18 further specification of particulars, shall include the defense heretofore com- 19 monly known and described as the plea of non damnificatus. 20 F*/i/i— Performance.] The defense of performance, without further speci- 21 fication of particulars, shall include the defense heretofore commonly known 22 and described as the plea of performance. 23 Sixth— 'No award.] The defense of no award, without further specification 24 of particulars, shall include the defense heretofore commonly known and de- 25 scribed as the plea of no award in an action on an arbitration bond. 26 Seventh — Merits not determined, etc.] The defense of merits not detee- 27 mined and property in defendant, without further specification of particulars, 28 shall include the defense to an action upon a replevin bond heretofore commonly 29 known and described as the plea of merits not determined and property in de- 30 fendant. Sec. 263. Defenses to actions on judgments.] The defenses to actions on 2 judgments and actions to revive judgments shall be known as (a) nul tiel record, 3 (b) satisfaction, (c) set off and (d) statute of limitations, and with respect to 4 said several defenses the following rules shall prevail : 208 5 First— 'Nv'L tiel becoed.] The defense of nul tiel record, without further 6 specification of particulars, shall include the defense heretofore commonly 7 known and described as the plea of nul tiel record. 8 jiSecowti— Satisfaction.] The defense of satisfaction shall include any de- 9 fense, other than set off or the statute of limitations, consisting of facts occur- 10 ring subsequent to the rendition of the judgment by reason of which the same 11 has become satisfied, in whole or in part, or discharged. The specification of this 12 defense in the abbreviated form above provided for shall be followed by a 13 statement of the approximate date of any payment or discharge, and the man- 14 ner in which the payment or discharge was accomplished. 15 Third— Set off.] The defense of set off shall include the defense heretofore 16 commonly known as the plea of set off and shall be followed by a statement of 17 such set off substantially in the form prescribed for a statement of a similar 18 claim sued on, and under such defense the defendant may establish any cause 19 of action arising out of any contract which he could establish against the plaintiff 20 by an independent action. 21 -Fourth — Statute of limitations.] The defense of statute of limitations, 22 without further specification of particulars than the number of years fixed by the 23 statute for barring the action, shall include the defense heretofore commonly 24 known and described as the plea of the statute of limitations. Sec. 264. Defenses to actions for torts to person or property.] The de- 2 fenses to actions for torts to the person o* to personal property, other than 3 actions of replevin and actions for the trial of the right of property, shall be 4 known and stated in abbreviated forms and specifications of defenses as (a) not 5 guilty, (b) justification, (c) statute of limitations and (roceeding 13 therein. Such specification may be in substantially the following form: 14 "Hon. John Jones shall be ineligible." Sec. 327. FoEMs of petitions, notices and recognizance.] The following 2 forms of petitions, and motion and stipulation for changes of venue, notices of 3 applications therefor, and form of recognizance shall be deemed sufificienir and 4 shall be taken as furnishing suggestions from which other petitions, stipula- 5 tions, notices and recognizances may be properly framed : 6 1. Petition foe change of ventte in ciatl action on account of prejudice 7 OF JUDGE. 8 In the Circuit Court of Cook County, Illinois. 9 John Doe / 10 V. \ Contract. No. 215. 11 Richard Roe, ) 12 Petition fob Change or Venue. 13 Richard Roe, the defendant, says that he fears he will not receive a fair trial 14 in said court before the Hon. John Jones, one of the judges of said court, on 244 15 account that the said judge is prejudiced against him so that he cannot expect 16 a fair trial in said court before said judge and that a knowledge of such preju- 17 dice did not come to him until February 24, 1908. 18 "Wherefore the defendant prays a change of venue. 19 RioHABD Roe. 20 Eichard Roe, the defendant, on his oath says that the facts set forth in the 21 foregoing petition by him subscribed are true in substance and in fact. 22 RiCHAKD Roe. 23 Subscribed and sworn to before me this 25th day of February, 1908. 24 » John Smith, Clerk. 25 2. Petition for change of ventjje in civil action on account of peejitdice 26 of inhabitants. 27 In the Cibctjit Coubt of Cook County, Illinois. 28 John Doe ) 29 V. \ Contract. No. 215. 30 Richard Roe. ) 31 Petition foe Change of Venue, 32 Richard Roe, the defendant, says that he fears he will not receive a fair 33 trial in said court for the reason that the inhabitants of said county of Cook 34 are prejudiced against him so that he cannot expect a fair trial in said court 35 and that he did not ascertain the existence of such prejudice until within the 36 last, ten days. 37 The defendant further says that he founds his belief upon the. fol- 38 lowing facts, to-wit: 39 (Here set forth facts upon which the belief is founded.) 40 Wherefore the defendant prays a change of venue. 41 RiCHAKD Roe. 42 Richard Roe, the defendant, on his oath, says that the facts set forth in the 43 foregoing petition by him subscribed are true in substance and in fact. 44 RiCHABD Roe. 45 Subscribed and sworn to before me this 18th day of February, 1908. 46 ' John Smith, Clerk. 245 47 3. Petition fob change op venue in civil action on account of undue in- 48' fluence of plaintiff over inhabitants of county. 49 In the Circuit Coubt of Cook County, Illinois. 50 John Doe ) 51 V. [Contract. No. 215. 52 Richard Roe. ) 53 Petition foe Change of Venue. 54 Richard Roe, the defendant, says that he fears he will not receive a fair 55 trial in said court for the reason that John Doe, the plaintiff, has an undue in- 56 fluence over the minds of the inhabitants of said county of Cook, so that de- 57' fendant cannot expect a fair trial in said court and that he did not ascertain 58 the existence of such influence until within the last ten days. 59 The defendant further says that he founds his belief upon the following 60 facts, to- wit: 61 (Here set forth facts upon which the belief is founded.) 62 Wherefore defendant prays a change of venue. 63 Richard Rob. 64 Richard Roe, the defendant, on his oath, says, that the facts set forth in the 65 foregoiuig petition by him subscribed are true in substance and in fact. 66 Richard Roe. 67 Subscribed and sworn to before me this 18th day of February, 1908. 68 John Smith, Clerk. 69 4. Motion and stipulation fob change of venue in civil action. 70 In the Circuit Coubt of Cook County, Illinois. 71 John Doe ) 72 V. \ Contract. No. 215. 73 Richard Roe. ) 74 Motion fob Change of Venue. 75 This day the defendant moves the court that the venue herein be changed 76 from the Hon. John Jones, Judge, and that the action be tried before one of the 77 other judges of the court. 78 Geoege Thomas, 79 I Attorney for Defendant. 246 go Stipulation. 81 It is hereby stipulated that the foregoing motion be allowed. 82 Henry Smith, g3 Attorney for Plaintiff. 84 George Thomas, 85 Attorney for Defendant. 86 Note. 87 If the application is for a change of venue to another court the motion may 88 read as follows: 89 This day the defendant moves the court that the venue herein be changed 90 to the municipal court of Chicago. 91 5. Petition for change op vbnxje in criminal action on account of pkeju- 92 dice of judge. 93 In the Criminal Court of Cook County, Illinois. 94 The People of the State of Illinois I 95 V. [ Criminal. No. 406. 96 Bichard Eoe. ) 97 Petition for Change op Venue. 98 Richard Roe, the defendant, says that he fears he will not receive a fair 99 trial in said court before the Hon. John Jones, one of the judges of said court, 100 on account that the said judge is prejudiced against him so that he cannot ex- 101 pect a fair trial in said court before said judge, and that a knowledge of such 102 prejudice did not come to him until February 24, 1908. 103 Wherefore the defendant prays a change of venue. 104 Richard Bob. 105 Richard Roe, the defendant, on his oath says that the facts set forth in the 106 foregoing petition by him subscribed are true in substance and in fact. 107 Richard Roe. 108 Subscribed and sworn to before me this 25th day of February, 1908. 109 John Smith, Clerk. 110 William Thomas and Henry Thomas on their several oaths say that they 111 are reputable persons, residents of said county of Cook and not of kin or counsel 112 to the defendant, Richard Roe, and that they believe that the Hon. John Jones, 247 113 one of the judges of said criminal court, is so prejudiced against said Richard 114 Eoe that he cannot have a fair and impartial trial in said court hefore said judge. 115 Wn.T.TAM Thomas. 116 Heney Thomas. 117 Suhscribed and sworn to before me this 25th day of February, 1908. 118 John Smith, Glerh. 119 6. Petition for change op venue in ceiminax, action on account op peeju- 120 dice op inhabitants op county. 121 In the Ceiminal Court of Cook County, Illinois. 122 The People of the State of Illinois > 123 V. I Criminal. No. 560. 124 Eiehard Eoe. \ 125 Petition foe Change op Venue. 126 Eiehard Eoe, the defendant, says that he fears he will not receive a fair 127 trial in said court for the reason that the inhabitants of said county of Cook 128 are prejudiced against him so that he cannot expect a fair trial in said court; 129 and that he did not ascertain the existence of such prejudice until within the 130 last ten days. 131 The defendant further says that he founds his belief on the following facts: 132 (Here set forth facts on which the belief is founded.) 133 Wherefore the defendant prays a change of venue. 134 Eichaed Eoe. 135 Eiehard Eoe, the defendant, on his oath says that the facts set forth in the 136 foregoing petition by him subscribed are true in substance and in fact. 137 Eichaed Eoe. 138 Subscribed and sworn to before me this 25th day of February, 1908. 139 John Smith, Clerk. 140 7. Notice of application foe a change of venue in a civil action. 141 In the Ciecuit Couet op Cook County, Illinois. 142 John Doe ) 143 V. [ Eeplevin. No. 48. 144 Eiehard Eoe. ) 145 Notice. 146, To the plaintiff in the above entitled action: 147 You are hereby notified that at ten o 'clock a. m. on Thursday, the 26th day 248 148 of February, 1908, I shall move the court, before Hon. John Jones, for a change 149 of venue. 150 BiCHAUD EoE, 151 Bt William Smith, 152 His Attorney. 153 8. Notice of application fob change of venue in a ceiminal action. 154 In the Criminal Couet of Cook County, Illinois. 155 The People of the State of Illinois ) 156 V. [ Criminal. No. 40. 157 Richard Roe. ) 158 Notice. 159 To the State's attorney of Cook county: 160 You are hereby notified that at ten o 'clock a. m. on Thursday, the 26th day 161 of February, 1908, I shall move the court before Hon. John Jones, for a change 162 of venue. 163 RioHAED Roe, 164 By William Smith, 165 His Attorney. 166 9. Recognizance of witness in criminal action upon change of venue to 167 another county. 168 In the Criminal Court op Cook County, Illinois. 169 The People of the State of Illinois \ 170 vs. ■ \ Criminal. No. 60. 171 Richard Roe. ) 172 Recognizance. 173 This day personally appeared before the undersigned, one of the judges of 174 the circuit court of Cook county, John Doe and acknowledged himself to owe 175 and to be indebted unto the People of the State of Illinois in the penal sum of 176 two hundred dollars ($200) to be levied of his goods and chattels, lands and 177 tenements in such manner as the law directs. 178 The condition of this recognizance is such that if the above bounden John 179 Doe shall personally be and appear before the circuit court of Will county, Illinois, 180 at the county court house in Joliet, in said county, at nine o'clock, a..m., on the 20th 181 day of March, 1908, and from day to day thereafter until excused from further 249 182 attendance by the court, to testify as a witness on behalf of the People of the 183 State of Illinois in a criminal action "wherein the People of the State of Illinois 184 are plaintiffs and Richard Eoe is def endanit, the venue in which has been 185 changed from the criminal court of Cook county to the circuit court of Will 186 county, and shall abide the order of said court in all things and not depart the 187 same without leave, then this recognizance is to he void; otherwise the same is 188 to IJe and remain in full force and effect. 189 Witness my hand and seal at Chicago, Illinois, this 26th day of February, 190 1908. 191 John Doe. (Seal.) 192 Taken, acknowledged and entered into before me this 26th day of Febru- 193 ary, 1908. 194 ' John Jones, 195 Judge of the Circuit Court of Cooh County, Illinois. 250- DIVISION XXII. LIMITATIONS. Section 328. Action at law to recover lands. 329. From what date twenty years com- puted. 330. When right of entry or action first accrues. 331. Possession by actual residence with record title. 332. Heirs, devises and assigns to have benefit of preceding section. 333. Possession under claim and color of title. 334. Color of title and payment of taxes on vacant land. 335. Exceptions as to land owned by United States, this State, etc. 336. Exceptions in favor of infants, etc. 337. Exceptions in favor of heirs of persons under disability. 338. Slander or libel. 339. Personal injuries — death by wrongful act, etc. — penalties, etc. 340. Abduction^seduction — criminal con- versation. 341. Oral contracts — injuries to real or per- sonal property. 342. Written contracts — payment — new promise. 343. Actions in equity. 344. Set off or counter claim may be as- serted though barred. Section 345. Absence from State deducted — excep- tions. 346. Extensions of time in case of death or insanity. 347. Cause of action! arising out of this State. 348. Exception in favor of infants, lunatics, etc. 349. Fraudulent concealment of cause of action. 350. When action stayed time does not run. 351. Further time given in case of reversal, etc. 352. Amendment not barred by lapse of time when. 353. Delay less than limitation period not to bar action in equity. 354. Civil action by people not to be barred. 355. Murder or manslaughter. 356. Arson or forgery. 357. Other felonies. 358. Misdemeanors, fines and forfeitures. 359. Absence from State — when not in- cluded. 360. When time of pendency of prior Indict- ment, etc., not reckoned. 361. When prosecution deemed instituted. Sec. 328. Action at law to recovee lands.] No person shall commence 2 an action at law for the recovery of lands, nor make any entry thereon, unless 3 within twenty years after the right to bring such action or make such entry 4 first accrued, or within twenty years after he or those from, by or under whom 5 he claims, have been seized or possessed of the premises, except as hereinafter 6 provided. 251 Sec. 329. From what date twenty years computed.] If such right or title 2 first accrued to an ancestor or predecessor of the person who brings the action 3 or makes the entry,' or to any person from, by or under whom he claims, the 4 twenty years shall be computed from the time when the right or title so first ac- 5 crued. Sec. 330. When bight of entry or action first accbtjes.] The right to 2 make an entry or bring an action at law to recover land shall be deemed to have 3 first accrued at the times respectively hereinafter mentioned, that is to say: 4 First— F^BsoN disseized.] When any person is disseized, his right of entry 5 or of action shall be deemed to have accrued at the time of such disseizin. 6 Second— liEiB ob devisee.] When he claims as heir or devisee of one who 7 died seized his right shall be deemed to have accrued at the time of such death, 8 unless there is a dowei* or other estate intervening after the death of such an- 9 cestor or devisor, in which case his right shall be deemed to accrue when such 10 intermediate estate expires, or when it would have expired by its own limita- 11 tions. 12 T/iir*^— Intermediate estate, etc.] When there is such an intermediate es- 13 tate, and in all other cases when the party claims by force of any remainder or 14 reversion, his right, so far as it is affected by the limitation herein prescribed, 15 shall be deemed to accrue when the intermediate or precedent estate would have 16 expired by its own limitation, notwithstanding any forfeiture thereof for which 17 he might have entered at an earlier time. 18 * J^O'itr^^'— Forfeiture.] The preeading clause shall not prevent a person 19 from entering when entitled .to do so by reason of any forfeiture or breach of 20 condition; but if he claims under such title, his right shall be deemed to have 21 accrued when the forfeiture was incurred or the condition broken. 22 Fifth— OsB.-ER cases.] In all other eases not otherwise specially provided 23 for, the right shall be deemed to have accrued when the claimant or the person 252 24 under whom he claims first became entitled to the possession of the premises 25 under the title upon which the entry or the action is founded. Sec. 331. Possession by actual residence with begged title.] Actions at 2 law brought for the recovery of any lands, tenements or hereditaments of which 3 any person may be possessed by actual residence thereon for seven successive 4 years, having a connected title in law or equity, deducible of record from this 5 State or the United States, or from any public officer or other person authorized 6 by the laws of this State to sell such lands for the non-payment of taxes, or 7 from any sheriff, marshal or other person authorized to sell such lands on ex- 8 ecution, or under any order, judgment or decree of any court of record, shall be 9 brought within seven years next after possession being taken as aforesaid; but ID when the possessor shall acquire such title after taking such possession, the 11 limitation shall begin to run from the time of acquiring title. Sec. 332. HeieS; devisees and assigns to have benefit of peeceding sec- 2 TioN.] The heirs, devisees and assigns of the person having such title and pos- 3 session shall have the same benefit of the preceding section as the person from 4 whom the possession was derived. Sec. 333. Possession undee claim and coloe of title,.] Every person in 2 the actual possession of lands or tenements, under claim and color of title, made 3 in good faith, and who shall, for seven successive years, continue in such pos- 4 session and shall also, durinjg said time, pay all taxes legally assessed on such 5 lands or tenements, shall be held and adjudged to be the legal owner of said 6 lands or tenements, to the extent and according to the purport of his or her paper 7 title. All persons claiming under such possession, by purchase, devise or de- 8 scent, before said seven years shall have expired, and who shall continue such 9 possession and shall continue to pay the taxes as aforesaid, so as to complete 10 the possession and payment of taxes for the term aforesaid, shall be entitled to 11 the benefit of this section. 253 Sec. 334. Color of title and payment of taxes on vacant land.] When- 2 ever a person having color of title, made in good faitb, to vacant and unoccupied 3 land, shall pay all taxes legally assessed thereon for seven successive* years, he or 4 she shall he deemed and adjudged to be the legal owner of said vacant and un- 5 occupied land to the extent and according to the purport of his or her paper 6 title. All persons holding under such taxpayer by purchase, devise or descent, 7 before said seven years shall have expired, and who shall continue to pay the 8 taxes, as aforesaid, so as to complete the payment of taxes for the term afore- 9 said, shall be entitled to the benefit of this section: Provided, however, that, if 10 any person, having a better paper title to said vacant and unoccupied land, 11 shall, during the said term of seven years, pay the taxes assessed on said land 12 for any one or more years of the said term of seven years, then and in that 13 case such taxpayer, his heirs and assigns, shall not be entitled to the benefit of 14 this section. Sec. 335. Exceptions as to land owned by united states, this state, etc.] 2 The two preceding sections shall not extend to the lands or tenements owned 3 by the United States or of this State, nor to school and seminary lands, nor to 4 lands held for the use of religious societies, nor to lands held for any public pur- 5 pose. Nor shall they extend to lands or tenements when there shall be an ad- 6 verse title to such lands or tenements and the holder of such adverse title is ,7 tmder the age of twenty-one years, imprisoned, out of the limits of the United 8 States and in the employment of the United States or of this State: Provided, 9 such person shall commence an action to recover such lands or tenements so 10 possessed as aforesaid, within three years after the several disabilities herein 11 enumerated shall cease to exist, and shall prosecute such action to judgment, or, 12 in case of vacant and unoccupied land, shall, within the time last aforesaid, pay 13 to the person or persons who have paid the same all the taxes, with interest there- 14 on at the rate of seven per cent, per annum, that have been paid on said vacant 15 and unimproved land. 254 Sec. 336. Exceptions in favoe of infants, etc.] If, at the time when such 2 right of entry or of action upon or for lands first accrues, the person entitled 3 to such 'entry or action is within the age of twenty-one years, or, if a female, of 4 the age of eighteen years, or insane, imprisoned or absent from the United 5 States in the service of the United States or of this State, such person, or any 6 one claiming from, by or under him or her, may make the entry or bring the ac- 7 tion at any time within two years after such disability is removed, notwith- 8 standing the time before limited in that behalf has expired. Sec. 337. Exceptions in favoe of heibs of persons ttndeb disabhitt.] If 2 the person first entitled to make entry or bring such action dies during the 3 continuance of any of the disabilities mentioned in the preceding section, and 4 no determination or judgment has been had of or upon the title, right or action 5 which accrued to him, the entry may be made or the action brought by his heirs, 6 or any person claiming from, by or under him, at any time within two years 7 after his death, notwithstanding the time before limited in that behalf has ex- 8 pired. Sec. 338. Slander ok libel.] Actions at law for slander or [libel shall be 2 commenced within one year next after the cause of action accrued. Sec. 339. Personal injuries — death by wrongful, act, etc. — penalties, 2 ETC.] Actions at law for damages for an injury to the person or for the death 3 of a person caused by wrongful act, neglect or default, or for false imprison- 4 ment or malicious prosecution, or for a statutory penalty or for a fine or pen- 5 alty for the violation of a municipal ordinance, shall be commenced within one 6 year next after the cause of action accrued. Sec. 340. Abduction — seduction— criminal conversation.] Actions at law 2 for damages for abductions, or for seduction, or for criminal conversation, 3 shall be commenced within two years next after the cause of action accrued. 255 Sec. 341. Oral, contracts — injuries to real or personal property, etc.] 2 Actions at law on unwritten contracts, express or implied, or on awards of arbi- 3 trators, or to recover damages for injuries done to property, real or personal, 4 or to recover the possession of personal property, or damages for the detention 5 or conversion thereof, and all actions at law, criminal and quasi criminal ac- 6 tions excepted, not otherwise provid3d for, shall be commenced within five 7 years after the cause of action accrued. Sec. 342. Written contracts — payment— new promise.] Actions at law 2 on bonds, promisory notes, bills of exchange, written leases, written contracts, 3 or other evidences of indebtedness in writing, shall be commenced within ten 4 years next after the cause of action accrued, but if any payment or new promise 5 to pay shall have been made in writing on any bond, note, bill, lease, contract 6 or other written evidence of indebtedness within or after the said period of ten 7 years, then an action at law may be commenced thereon at any time within 8 ten years after the time of such payment or promise to pay. Sec. 343. Actions in equity.] Actions in equity shall be commenced within 2 the following periods: 3 First— FosEOhOsuKE op mobtgage.] Every action to foreclose a mortgage 4 or deed of trust and every action upon a contract in writing, other than an ex- 5 press trust, shall be commenced within ten years after the cause of action ac- 6 crues. 7 Second— 'ExpsESs trust.] Every action to enforce au express trust shall be 8 commenced within ten years after actual knowledge by the cestui que trust of 9 the existence of the trust and of the denial or repudiation of the trust by the 10 trustee, or of his express refusal to perform the same or to remedy the breach 11 thereof: Provided, however, that an action to enforce a charitable trust may 12 be commenced at any time. 256 J 3 T/i«V(?— Recovery of real estate.] Every action to recover real estate or 1.4: any interest therein, other than an action to enforce an express trust, shall 15 be commenced within the same period fixed by this Act for the recovery of lands 16 by an action of law. 17 Fourth— Wuaj contest.] Every action to contest the validity of a last will 18 and testament or codicil by an issue whether a writing admitted to probate is 19 the will of the testator or testatrix sh all be commenced within one year after the 20 probate of such last will and testament or codicil. 21 Fifth— Actios to qtjiet title.] Every action to .quiet the title or to remove 22 a cloud from the title to real estate brought by a party in possession of such 23 real estate may be commenced at any time during the existence of the adverse 24 claims to or clouds upon such title. 25 Sixlh—OTSER ACTION.] Evciy other action shall be commenced within five 26 years after the cause of action accrues, excepting that an action to obtain relief 27 on account of fraud, actual or constructive, or mistake, may be commenced at 28 any time within fiVe years after the discovery by the plaintiff of such fraud or 29 mistake, and that an action to enforce a constructive trust or resulting trust 30 may be commenced at any time within five years after actual knowled,ge by the 31 plaintiff of the facts constituting the constructive trust or resulting trust. Sec. 344. Set-off or counter-claim may be asserted though barred.] A 2 defendant may assert a set-off or counter-claim barred by the statute of limita- 3 tions while held and owned by him to any action, the cause of which was owned 4 by the plaintiff or person under whom he claims before such set-off or counter- 5 claim was so barred and not otherwise: Provided, that this section shall not 6 affect the rights of a bona fide assignee of a negotiable instrument assigned 7 before due. Sec. 345. Absence from state deducted— exceptions.] If, when the cause 2 of action accrues against a person, he is out of the State, the action may be com- 257 3 menced within the time herein limited after his coming into or return to the 4 State;, and if, after the cause of action accrues, he departs from and resides 5 out of the State, the time of his absence is no part of the time limited for 6 the commencement of the action. But the foregoing provision of" this section 7 shall not apply to any case where, at the time the cause of action accrued or 8 shaU accrue, neither the party against nor in favor of whom the same accrued 9 or shall accrue were or are residents of this State. Sec. 346. Extension of time in case op death or insanity.] If a person 2 entitled to bring an action die or become insane before the expiration of the 3 time limited for the commencement thereof, an action may be commenced by 4 his representatives, next friend or conservator, after the expiration of that 5 time and within one year from his death or his becoming insane. If a person 6 against whom an action may be brought die before the expiration of the time 7 limited for the commencement thereof, an action may be commenced against 8 his executor or administrator after the expiration of that time and within one 9 year after the executor of the will, or administrator, qualifies. Sec. 347. Cause of action arising out of this state.] When the cause of 2 action has arisen in a state or territory other than this State or in a foreign 3 country, and by the laws thereof an action thereon cannot be maintained by 4 reason of the lapse of time, an action thereon shall not be maintained in this 5 State. Sec. 348. Exception in favor of infants, lunatics, etc.] If the person 2 entitled to bring an action mentioned in either .of the nine preceding sections 3 is, at the time the cause of action accrues, within the age of twenty-one years, 4 or within the age of eighteen years, if a female, or is insane or imprisoned on 5 a criminal charge, he or she may bring the action within two years after the G disability is removed. 258 Sec. 349. Fraudulent concealment of cause of action.] If a person liable 2 to an action fraudulently conceals the cause of action from the knowledge of the 3 person entitled thereto, or if the facts constituting the cause of action, at the 4 time it arises, be unknown to the person entitled to such action, the time of such 3 fraudulent concealment or ignorance of the facts constituting the cause of 6 action shall not be part of the time limited for the commencement of the action. Sec. 350. When action stayed time does not run.] When the commence- 2 ment of an action is stayed by injunction, order of a judge or court, or statutory 3 prohibition, the time of the continuance of the injunction or prohibition is not 4 part of the time limited for the commencement of the action. Sec. 351. Further time given in case of reversal, etc.] If, in any action 2 at law, judgment be given for the plaintiff and the same be reversed upon 3 writ of error or appeal, or if a verdict pass for the plaintiff and judgment be 4 given against him, or if any action at law or in equity shall be dismissed for 5 want of prosecution, then, if the time limited for bringing such action, shall 6 have expired during the pendency thereof, the plaintiff or his heirs, executors 7 or administrators, as the case may be, may commence a new action within one 8 year after such judgment reversed or given against the plaintiff, or after the 9 dismissal of the action for want of prosecution, as the case may be, and not 10 after. Sec. 352. Amendment not barred by lapse of time when.] Whenever an 2 action at law or in equity shall have been commenced within the period fixed 3 by this Act therefor the same shall not be defeated by reason of any amend- 4 ment of any kind or character made in any paper or pleading filed in such ac- 5 tion after the lapse of the period fixed by this Act for the commencement of 6 such action, provided it shall appear to the satisfaction of the court that such 7 amendment is made in good faith and for the purpose of enabling the plaintiff 8 to maintain his action for the claim for which it was intended to be brought, and 259 9 that .the application of the statute of limitations to such amendment would 10 work a manifest denial of justice. Sec. 353. Delay less than limitation period not to bar action in equity.] 2 No action in equity shall be dismissed on account of any delay in the bringing 3 of the same less than the period hereinbefore fixed for the bringing of such ac- 4 tion. Sec. 354. Civil action by people not to be baeeed.J No action, a criminal 2 or quasi criminal action excepted, brought in the name of the people of the 3 State of Illinois shall be barred by lapse of. time, anything in this Act con- 4 tained to the contrary notwithstanding. Sec. 355. Murder or manslaughter.] A prosecution for the crime of mur- 2 der or manslaughter may be instituted at any period after the death of the 3 person alleged to have been killed. Sec. 356. Arson or forgery.] A prosecution for .the< crime of arson or 2 forgery may be instituted at any time after the commission of the crime. Sec. 357. Other felonies.] A prosecution for any other felony must be 2 instituted within three years next after the commission of the crime, except as 3 otherwise provided by law. Sec. 358. Misdemeanors, fines and forfeitures.] Every prosecution for 2 a misdemeanor, or for any fine or forfeiture, under any penal statute, shall 3 be commenced within one year and six months from the time of committing 4 the offense or incurring the fine or forfeiture, except as is otherwise provided 5 by law. Sec. 359. Absence from state — when not included.] No period during 2 which the party charged was not usually and publicly resident within this State 3 shall be included within the time of limitation. 260 Sec. 360. When time of pendency of priob indictment, etc., not keck- 2 ONED.J When an indictment, information, complaint or action is quashed or the 3 proceedings on such indictment, information, complaint, or action are set aside 4 or reversed on writ of error, the time during the pendency of such indictment, 5 information, complaint or action so quashed, set aside or reversed, shall not 6 be reckoned within the time limited by this Act so as to bar any new indict- 7 ment, information, complaint or action for the same offense. Sec. 361. When pbosectjtion deemed instituted.] A prosecution shall be 2 deemed instituted within the meaning of this Act upon the filing in a court of 3 competent jurisdiction of a complaint under oath charging the defendant with 4 the offense for which such prosecution is instituted, or upon the filing in a court 5 of competent jurisdiction of an information as provided for in this Act oharg- 6 ing him with the offense for which such prosecution is instituted. DIVISION XXIII. PEATJDS AND PEKJURIES. Section 362. Writing — how signed. 363. Land — writing — how signed. 364. Consideration— proof. 365. Fraudulent conveyances, etc. 366. Innocent purchaser. Tyfy"]. Conveyance of personalty fraudulent. when Section 368. Loan — reservation, etc., of personalty — when fraudulent. 369. Bona fide sales. 370. Trust, etc., to be in writing — resulting trusts. 371. Wills, etc. — against whom fraudulent. Sec. 362. Writing— HOW signed.] No action shall be brought, whereby 2 .to charge any executor or administrator upon any special promise to answer 261 3 any debt or damage out of his own estate, or whereby to charge the defendant 4 upon any special promise to answer for the debt, default or miscarriage of 5 another person, or to charge any person upon any agreement made upon consider- 6 ation of marriage, or upon any agreement that it is not to be performed within 7 the space of one, year from the making thereof, unless the promise or agree- 8 ment upon which such action shall be brought, or some memorandum or note 9 thereof, shall be in writing, and signed by the party to be charged therewith, 10 or some other person thereunto by him lawfully authorized. See. 363. Land — writings — how signed.] No action shall be brought to 2 charge any person upon any contract for the sale of lands, tenements or here- 3 ditaments or any interest in or concerning them, for a longer term than one 4 year, unless such contract or some memorandum or note thereof shall be 5 in writing, and signed by the party to be charged therewith, or some other 6 person thereunto by him lawfully authorized in writing, signed by such party. 7 This section shall not apply to sales upon execution or by any officer or per- 8 son pursuant to a decree or order of any court of record in this State. Sec. 364. Consideration— PROOF. ] The consideration of any such promise 2 or agreement need not be set forth or expressed in writing, but may be proved 3 or disproved by parol or other legal evidence. Sec. 365. Fraudulent conveyances, etc.] Every gift, grant, conveyance, 2 assignment or transfer of, or charge upon any estate, real or personal, or 3 right or thing in action, or any rent or profit thereof, made with the intent to 4 disturb, delay, hinder or defraud creditors or other persons, and every bond 5 or other evidence of debt given, suit commenced, decree or judgment suffered, 6 with like intent, shall be void as against such creditors, purchasers and other 7 persons. 262 Sec. 366. Innocent puechasee.J The foregoing section shall not affect 2 the title of a purchaser for a valuable consideration, unless it appear that he 3 had notice of the fraudulent intent of his immediate grantor, or of the fraud 4 rendering void the title of such grantor. Sec. 367. Conveyance or personalty — when fraudulent.] Every con- 2 veyance of goods and chattels on consideration not deemed valuable in law 3 shall be taken to be fraudulent, unless the same be by will duly proved and 4 recorded, or by deed in writing duly acknowledged or proved, and recorded 5 as in the case of deeds of real estate, or unless possession shall really and bona 6 fide remain with the donee. Sec. 368. Loan — preservation, etc., of personalty — when fraudulent.] 2 When any loan of goods and chattels shall be pretended to have been made to any 3 person, with whom, or those claiming under him, possession- shall have remained 4 for the space of five years, without demand made and pursued by due process of 5 law, on the part of the pretended lender, or where any reservation or limitation 6 shall be pretended ,to have been made of any use or property by way of condition, 7 reservation, remainder or otherwise, in goods or chattels, the possession there- 8 of shall have remained in another as aforesaid the same shall be taken, as to 9 creditors and purchasers of the person aforesaid so remaining in possession, 10 to be fraudulent, and that the absolute property is with the possession, unless 11 such loan, reservation or limitation of use or property were declared by will 12 or deed in writing, proved and recorded as aforesaid. Sec. 369. Bona fide sales.] The provisions of the preceding section shall 2 not extend to any estate or interest in any lands, goods or chattels, or any 3 rents, common or profit, out of the same, which shall be upon good considera- 4 tion, and bona fide lawfully conveyed or assured to any person, bodies politic 5 or corporate. 263 Sec. 370. Trusts, etc., to be in writing — resulting trusts.] All declara- 2 tions or creations of trusts or confidences of any lands, tenements or heredita- 3 ments, shall be manifested and proved by some writing signed by the party 4 who is by law enabled to declare such trust, or by his last will in writing, or 5 else they shall be utterly void and of no effect: Prow^Ze^Z, that resulting trusts 6 or trusts created by construction, implication or operation of law, need not be 7 in writing and the same may be proved by parol. Sec. 371. Wills, etc., against whom fraudulent.] All wills and testa- 2 ments, limitations, dispositions or appointments of, or concerning any lands 3 and tenements, or of any rent, profit, term or charge, out of the same, whereof 4 any person, at the time of his decease, shall be seized in fee simple, in posses- 5 si({n, in reversion, or remainder, or have power to dispose of the same by his 6 last will or testament, shall be deemed and taken (only as against the person, 7 his heirs, successors, executors, administrators or assigns, and every of them, 8 whose debts, suits, demands, estates and interests, by such will, testament, 9 limitation, dispositiott or appointment as aforesaid, shall, or might be in any 10 wise disturbed, hindered, delayed or defrauded), to be fraudulent, void and of 11 no effect, any pretense, color, feigned or presumed consideration, or any other 12 matter or thing to the contrary notwithstanding. 264 DIVISION XXIV. INFOBMATION IN ADVANCE OF TEIAL OR HEARING. Section 372. Copies of contracts to be furnished when. Sy^. Party to permit inspection of original contract when — penalty for refusal. 374. Interrogatories to be answered by ad- verse party, etc., before trial — pro- cedure. 375. Affidavit of cause of action or de- fenses. 376. When interrogatories to be filed as matter of course. Ti^y. Form of interrogatories. 378. Copies of interrogatories to be at- ' tached to copy of summons. 379. Notice and copy of interrogatories to be served. 380. Interrogatories may be suppressed when. 381. Answers under oath — not to be con- clusive. 382. When answers to be filed. 383. Interrogatories to be answered fully, etc. — procedure. 384. Additional interrogatories. 385. Copies of answers to be served. 386. Interrogatories to directors, etc. — how answered. 387. Procedure when interrogatories not answered fully. Section 388. Actions for death, etc. — incapacity of plaintiff — examination of witnesses — inspection of premises. 389. Showing to be made to obtain order for examination. 390. Order for inspection of premises, etc. 391. Showing to be made to obtain order for inspection. 392. Notice of application for order. 393. Rights of defendant upon allowance of order. 394. Notice of examination of witnesses. 395. When depositions may be read in evi- dence. V, 396. How depositions taken. 397. Clerk to issue subpoenas. 398. Information as to rqatters of fact — how obtained. 399. Statement of facts expected to be proven. 400. By whom affidavit may be made. 401. Requisites of statement — form. 402. Requisites of denial — formi. 403. Copy to be attached to summons when. 404. Time for filing denial. 405. Facts may be read in evidence when. Sec. 372. Copies of contracts to be furnished when.] The plaintiff 2 in any action at law brought for the recovery of money only, when the same 3 is brought upon any contract in writing and a copy thereof is not filed with or 4 embodied in the statement of claim, shall, upon demand, furnish to the de- 5 fendant, and the defendant, when his defense shall be founded, in whole or in 6 part, upon any contract in writing and a copy thereof is not filed with or em- 7 bodied in his specification of defense or defenses, shall, upon demand, furnish 265 8 to the plaintiff, a copy of such contract in writing and take snch pa,rty's receipt 9 therefor and upon default thereof shall not be permitted to introduce in evi- 10 dence, or otherwise make proof of, such contract in writing: Provided, how- 11 ever, that the party- demanding such copy shall file in the court in which the 12 action is pending an affidavit showing that such party has no copy of such con- 13 tract and shall serve a copy of such affidavit upon the adverse party. Sec. 373. Pabty to permit inspection or obiginal contkact when — pen- 2 alty foe refusal.] a plaintiff or a defendant in an action at law brought for 3 the recovery of money and having in -his possession or under his control the 4 original of any contract upon which his action or defense is founded, shall per- 5 mit the' inspection thereof by the adverse party on demand, and, upon his fail- 6 ing so to do, such adverse party may, upon application to the court, obtain an 7 order for such inspection and the cour . t upon entering such order, if satisfied 8 that such inspection was wrongfully and vexatiously refused, may require the 9 party so refusing to pay the Opposite party the sum of five dollars ($5) as the 10 costs of making the application aforesaid and may enforce such payment by 11 attachment. Sec. 374. Interrogatories to be answered by adverse party, etc., before 2 TRIAL — PROCEDURE.] Bcfore the trial or final hearing of any action at law or in 3 equity, other than a criminal or quasi criminal action, interrogatories may be 4 filed to be answered by any party to such action or any person for whose im- 5 mediate benefit the same is prosecuted or defended, or by the directors, officers, 6 superintendents or< managing agents of any corporation which is a party to the 7 record in such action, at the instance of the adverse party, or, in case there be 8 more than one adverse party, at the instance of any one or more of them, in 9 the manner and under' the circumstances and conditions hereinafter provided. Sec. 375. Affidavit of cause of action oe defense.] No such interroga- 2 tories shall be filed or required to be answered by the party proposed to be 266 3 interrogated, or by the directors, officers, superintendents or managing agents 4 of any corporation which is a party unless the same, if filed by the plaintiff 5 or one of the plaintiffs, are accompanied by an affidavit of such plaintiff, or of 6 his attorney or agent, upon information and belief, showing that such plaintiff 7 has a good cause of action and setting forth the facts constituting such cause 8 of action, or, if filed by the defendant or one of the defendants, unless the same 9 are accompanied by an affidavit of such defendant, or of his attorney or agent, 10 upon information and belief, showing that he has a good defense to such action, 11 in whole or in part, and setting forth the facts constituting such defense : Pro- 12 vided, however, that when any party proposing to file interrogatories sues or 13 defends as the trustee or conservator of an idiot, habitual drunkard, lunatic or 14 distracted person, or as the executor, administrator, heir, legatee or devisee of 15 any deceased person, or as guardian or trustee of any such heir, legatee or 16 devisee, no such affidavit shall be necessary if the party so suing or defending 17 shall, under oath, say that he has no personal knowledge respecting the facts 18 in such case, or some portion thereof, specifying the portion, and that the 19 answering of such interrogatories is necessary to enable such party to proper- 20 ly prosecute or defend the action. In an action in equity the affidavit provided 21 for in this section need not be filed by the plaintiff when the bill of complaint 22 sets forth a good cause of action and is verified by an affidavit upon informa- 23 tion and belief, nor by the defendant when the answer sets forth a good de- 24 fense and is verified by an affidavit upon information and belief. Sec. 376. When interrogatories to be filed as matter of course.] Any 2 party to such action shall, before the trial or final hearing thereof, be permit- 3 ted, as a matter of course and without leave of court, upon complying with 4 the provisions of the preceding section, to file such number of interrogatories, 5 not exceeding twelve, as he may deem necessary, to be answered by any ad- 6 verse party to the action, or person for whose immediate benefit such action 7 is prosecuted or defended, or by the directors, officers, superintendents or 267 8 managing agents of any corporation which is an adverse party to the record 9 in such action. The court may also, in its discretion, upon like compliance 10 with the provisions of said section permit any party to file such number of 11 interrogatories exceeding twelve and not exceeding twenty-five in an action at 12 law, or fifty in an action in equity, as the court may deem necessary to enable 13 the party proposing to file the same to properly prosecute or defend the action; 14 but leave to file such number of interrogatories exceeding twelve and not ex- 15 ceeding twenty-five or fifty, as the case may be, shall in no case be granted un- 16 less the party asking leave shall have served a notice in writing of his applica- 17 tibn for such leave, together with a copy of the interrogatories proposed to be 18 filed and a copy of the affidavit provided for in the preceding section, before 19 twelve o'clock noon of the day preceding such application, upon the party 20 proposed to be interrogated or upon the party whose directors, officers, super- 21 intendents or managing agents are proposed to be interrogated. Sec. 377. Form op interrogatories.] The first two interrogatories filed 2 in any action shall be as follows : 3 1. What is your name, age, occupation and place of residence 1 4 2. Are you one of the parties to this action or person for whose immedi- 5 ate benefit such action is prosecuted or defended? If so, are you a party 6 plaintiff, or a party defendant, or a person for whose immediate benefit such 7 action is prosecuted or defended? (If the person proposed to be interrogated 8 is not a party to the action, or a person for whose immediate benefit such ac- 9 tion is prosecuted or defended, such second question shall be as follows: Are 10 you a director, officer, superintendent or managing agent of one of the parties 11 to this action and, if so, of which party and what office or position do you hold 12 with respect .to such party and how long have you held such office or position?) 13 Interrogatories after the first and second shall be directed to and for the 14 sole purpose of ascertaining the ultimate facts involved in such action and 268 15 such evidentiary facts as may be directly pertinent to such ultimate facts, and 16 which will be relied upon either by the plaintiff to establish his cause of action 17 or by the defendant to establish his defense, and shall not be directed to or for 18 the purpose of ascertaining the evidence, or the names or places of residence of 19 the witnesses, which or who may be relied upon by the party interrogated to 20 establish his cause of action or defense. No interrogatories shall be filed other 21 than such as the party or person proposed to be interrogated might be required 22 to answer if called as a witness upon the trial or hearing of such action, nor shall 23 any interrogatory be so framed as, in the opinion of the court, to require an 24 answer of unusual length or impose upon the party interrogated unreasonable 25 labor. Sec. 378. Copies of interbogatoeies to be attached to copy op summons.] 2 If the plaintiff shall, at the time of commencing his action, file interroga- 3 tories as above provided for, he shall prepare a copy thereof for each party 4 proposed to be interrogated, or whose directors, officers, superintendents or 5 managing agents are proposed to be interrogated, and shall also file the affi- 6 davit hereinbefore provided for and prepare a copy of such affdavit for each 7 party proposed to be interrogated, or whose directors, officers, superintendents 8 or managing agents are proposed to be interrogated, and one copy of such inter- 9 rogatories and one copy of such affidavit shall be attached to the copy of the 10 summons to be served upon such party or corporation and such copies shall 11 thereupon be served with such copy of the summons upon such defendant by the 12 officer or other person by whom such summons is served : Provided, h&wever, that 13 no such affidavit need be filed nor any copy thereof served when the bill of 14 complaint or the answer of the defendant, as the case may be, in an action in 15 equity is verified by affidavit as hereinbefore provided. ' ' Sec. 379. Notice and copy op interrogatories to be served.] A party 2 filing interrogatories without leave of court at any time after the commence- 269 3 ment of the action shall give notice thereof, accompanied by a copy of such 4 interrogatories and a copy of the affidavit hereinbefore provided for, to the 5 adverse party proposed to be interrogated, or whose directors, officers, super- 6 intendents or managing agents are proposed to be interrogated: Provided, 7 however, that no such copy of an affidavit need be served in an action in equity 8 in which the bill of complaint or answer, as the case may be, shall have been 9 verified by affidavit as hereinbefore provided. Sec. 380. Interrogatories may be suppressed when.] Upon the filing of 2 any interrogatories the court may, upon the application of the party or person 3 proposed to be interrogated, or upon the application of the corporation whose 4 directors, officers, superintendents or managing agents are proposed to be inter- 5 rogated, and upon reasonable notice in writing to the party filing such inter- 6 rogatories, suppress the same or any one or more of them when, in the opinion 7 of the court, any such interrogatory or interrogatories is or are improper. Sec. 381. Answers to be under oath — not to be conclusive.] Interroga- 2 tories filed in accordance with the preceding provisions of this section and not 3 suppressed as hereinbefore provided shall be answered under oath by the party 4 or person to whom the same are directed, and shall be competent evidence 5 upon the trial or heai'ing of the action as against the party interrogated, or as 6 against the corporation whose directors, officers, superintendents, or managing 7 agents, or one of them, are or is interrogated, but the party filing such inter- 8 rogatories shall not be concluded by the answers thereto if he shall elect to in- 9 troduce the same or any or either of them upon the trial or final hearing of the 10 action, nor shall any corporation which is a party be concluded by the answers 11 to interrogatories given by any director, officer, superintendent or managing 12 agents of such corporation, but any answer so given may be contradicted by 13 such corporation by any competent evidence. 270 Sec. 382. When answers to be filed.] Answers to the interrogatories 2 hereinbefore provided for shall be filed within five days after the service of the 3 same upon the party proposed to be interrogated or upon the party whose di- 4 rectors, officers, superintendents or managing agents are proposed to be 5 interrogated, when the same are filed without leave of court, or within five 6 days after the entry of the order granting leave to file the same, if they are 7 filed by virtue of such order of court, unless the court, by general rule or other- 8 wise, shall, extend the time for the filing of the same: Provided, however, that 9 such answers need not be filed in any case until the expiration of the time 10 within which the defendant is required to file his specification of defense or 11 defenses. Sec. 383. Inteeeogatories to be answeeed fully, etc. — peocedtjee.J Inter- 2 rogatories filed as hereinbefore provided for shall be answered fully, eom- 3 pletely and without evasion by the party, or by the directors, officers, superin- 4 tendents or managing agents of the party, to whom they are directed. The 5 court, upon notice in writing to the party having answered the interrogatories 6 or to the party whose directors, officers, superintendents or managing agents, 7 or any one or more of them, have answered the interrogatories, may, if, in the 8 opinion of the court, any person so interrogated shall not have answered any 9 interrogatory or interrogatories thus propounded to him fully, completely and 10 without evasion, or if such person shall have failed to make any answer to any 11 one or more of sueh interrogatories, require such person to appear in open 12 court, or before some officer designated by the court, and there answer all such 13 interrogatories as such person might be required to answer if called as a wit- 14 ness upon the hearing of such action, or as the court may deem necessary or 15 proper for the due administration of justice in such action. Sec. 384. Additional interrogatories.] Leave may be given to either 2 party to file additional interrogatories when interrogatories previously filed 271 3 have been answered, if, in the opinion of the court, the answering of such ad- 4 ditional interrogatories will tend to promote justice: Provided, however, that 5 no more than twenty-five interrogatories in all in an action at law, or fifty in- 6 terrogatories in all in an action in equity, shall be allowed to be propounded 7 to any one person. Sec. 385. Copies op answers to be served.] Whenever answers to inter- 2 rogatories have been filed the party filing the same shall, within twenty-four 3 hours thereafter, serve a copy thereof upon the adverse party filing such in- .4 terrogatories, or his attorney, together with a notice in writing of the filing of 5 such answers. Sec. 386. Interrogatories to directors, etc.— how answered.] When in- 2 terrogatories are filed to be answered by the directors, officers, superintendents 3 or managing agents of a corporation which is a party to the record, it shall 4 not be necessary for all of such directors, officers, superintendents or manag- 5 ing agents, in the first instance, to answer the same, but it shall be the duty 6 of such corporation to cause suitable investigation to be made concerning the 7 facts as to which inquiry is made by such interrogatories, and to cause such 8 interrogatories to be answered by such of its directors, officers, superintend- 9 ents or managing agents, if any, as may appear to have sufficient knowledge 10 as to such facts to properly answer such interrogatories. Sec. 387. Procedure when interrogatories not answered fully.] When- 2 ever the court is not satisfied that interrogatories required to be answered by 3 the directors, officers, superintendents or managing agents of a corporation 4 have been answered fully, completely and without evasion, the court may, upon 5 reasonable notice in writing to such corporation, cause such of its directors, 6 officers, superintendents or managing agents, as the court may deem necessary, 7 to appear in open court, or before some officer designated by the court, and 272 8 there answer all such interrogatories as they miight respectively be required to 9 answer if called as witnesses upon the trial or hearing of such action and as 10 the court may deem necessary or proper for the due administration of .justice 11 in such action. See. 388. Actions for death, etc.— incapacity of plaintiff— examination 2 of witnesses — inspection of premises.] In any action at law brought by the 3 plaintiff to recover damages on account of the death of any person alleged 4 to have been caused by wrongful act, neglect or default, and in any action by 5 any husband, wife, child, parent, guardian, employer or other person as plain- 6 tiff to recover damages for injuries to his or her person, or property, or means 7 of support, resulting from the death of any person, and in any action brought 8 by any person as plaintiff, who, by reason of insanity or other physical or 9 mental disability, is incapacitated from testifying as a witness therein, to re- 10 cover damages for any injury to his person other than slander, libel or ma- ll licious prosecution, the court, upon the application of the plaintiff in such 12 action, may, upon reasonable notice to the opposite party, cause to be taken, 13 either in open court or before any officer designated by the court, the testi- 14 mony of any defendant or of any other person who may be alleged by or on 15 behalf of the plaintiff to possess any information bearing upon the cause and 16 circumstances of the death of such deceased person, or of the injury to the 17 person of the plaintiff, or of the liability of any defendant on account thereof, 18 or permit the inspection of any machinery, buildings or premises, other than 19 the dwelling house of the defendant, in, upon or by means of which the death 20 of such deceased person, or the injury of such plaintiff, is alleged to have 21 occurred, under the circumstances and conditions hereinafter provided. Sec. 389. Showing to be made to obtain order for examination.] No 2 order for the examination of any such party or witness shall be made by the 3 court unless it shall be made to appear to the satisfaction of the court, by the 273 4 affidavit of the plaintiff, or of his attorney or a,gent, or otherwise, that such 5 examination will be calculated to aid in the due and speedy administration of 6 justice in such action. Sec. 390. Obder for iNSPECTioisr of premises, etc.] In any such case the 2 court may, upon the application of the plaintiff, make an order requiring any 3 defendant to permit the inspection by the plaintiff's attorney, and such other 4 persons as may be specified by the court, of any machinery, buildings or prem- 5 ises, other than the dwelling house of a defendant, in, upon or by means of 6 which the death of such deceased person or the injury of such plaintiff is 7 alleged to have occurred, such inspection to be made at such reasonable time 8 or times and in accordance with such directions as may be prescribed by the 9 court. Sec. 391. Showing to be made to obtain order for inspection.] No such 2 order for the examination of any machinery, buildings or premises shall be 3 made unless the court shall be satisfied by the affidavit of the plaintiff, or of 4 his attorney or agent, or otherwise, that such inspection is necessary in order 5 that the plaintiff may properly prepare his case for trial and that such in- 6 spection will have a tendency to aid in a just determination of the rights of 7 the parties to such action. Sec 392. Xotice of application for order.] No such order for the exam- 2 ination of witnesses or for the inspection of machinery, buildings or premises 3 shall be made unless at least three days previous notice in writing of the appli- 4 cation therefor shall have been served upon the defendant or defendants, or 5 upon his or their attorneys, and upon such application the defendant or de- 6 fendants may controvert the right of the plaintiff thereto by counter affidavits 7 or otherwise. 274 ' Sec. 393. Rights of defendant upon allowance of order, j Upon the 2 allowance of any such order for the examination of the defendant or any 3 witness or for the inspection of any machinery, buildings or premises on the 4 application of the plaintiff as is provided for in the precedin;g sections, and 5 upon the examination of the defendant or of any witness or witnesses, or 6 upon the inspection of such machinery, building or premises in pursuance 7 thereof, the defendant shall be entitled, as of course, to an order for the taking 8 of the deposition of the plaintiff, if the plaintiff be not incapacitated from tes- 9 tifying, and of any witness or witnesses specified by the defendant. Sec. 394. Notice of examination of witnesses.] No examination of wit- 2 nesses provided for in the preceding sections shall be had unless at least five 3 days notice in writing of the time and place of holding the same, with the 4 names of the witnesses to be examined, shall be given to each of the parties 5 to such action or their attorneys, other than the party making such examination. Sec. 395. When depositions may be read in evidence.] Whenever any 2 depositions have been taken in pursuance of the provisions of the preceding 3 sections, the deposition of any witness so taken m,ay be read in evidence by 4 either party upon the trial of such action, or upon the trial of any subsequent 5 action between the same parties or their legal representatives upon the same 6 cause of action. ■ Sec. 396. How depositions taken.] Whenever any examination of wit- 2 nesses is had in pursuance of the provisions of the preceding sections before 3 any master in chancery or any court stenographer authorized by this Act to 4 take depositions, such depositions may be taken down in typewriting or steno- 5 graphically, and, when so taken down, or taken down and transcribed, as the 6 case may be, and certified to as correctly taken down, or taken down and 7 transcribed, the signatures of the witnesses shall be unnecessary thereto, and 275 8 such depositions shall have the same force and effect as evidence as if they 9 had been signed by the witnesses. Sec. 397. CiJEEK to issue subpoenas.] Whenever any examination of wit- 2 nesses is authorized by the court in pursuance of the provisions of the preced- 3 ing sections the clerk of the court, at the request of the party on whose behalf 4 such depositions are to be taken, shall issue subpoenas for such witnesses speci- 5 fying the time and place and person before whom they are to appear, which 6 subpoenas may be served in the same manner as subpoenas in other cases and 7 obedience thereto may be compelled by the court in the same manner as obedi- 8 ence to other subpoenas. Sec. 398. Information as to matters of fact— how obtained.] Either 2 party to any action may, in advance of the trial or hearing thereof, also obtain 3 information respecting matters of fact which it may be necessary for such 4 party to prove upon such trial or hearing, under the circumstances and con- 5 ditions hereinafter provided for. Sec. 399. Statement of facts expected to be proven.] If the plaintiff, 2 at the time he commences his action, or within such time thereafter as may 3 be allowed by the court, or the defendant at the time he enters his appearance 4 or within such time thereafter as may be allowed by the court, shall tile a 5 statement in writing verified by his affidavit, or that of his attorney or agent, 6 if such attorney or agent have knowledge as to the facts, or, in case such party 7 be a corporation, by an affidavit of some officer, agent or attorney thereof 8 havin,g knowledge as to the facts, such verification to be either positive or 9 upon information and belief, of facts, either ultimate or evidentiary, but not 10 exceeding twentj'-five in number, which he expects to prove upon the trial, then 11 and in such case, unless the opposite party, or his agent or attorney, or, in ] 2 case such opposite party is a corporation, some officer, attorney or agent thereof 276 13 having knowledge of the facts concerning such action, shall, by affidaTit, either 14 positive or upon information and belief, deny the facts set forth in such state- 15 ment or some portion thereof, such facts or such portions thereof as are not 16 denied shall, upon the trial of such action, be taken as true without further 17 proof. Sec. 400. By whom affidavit may be made.] When there are several par- 2 ties, either plaintiff or defendant, the affidavit above provided for may be 3 made by any one of the plaintiffs or any one of the defendants, as the case may 4 be, or by any agent or attorney of the party making the same, or, in case any 5 party is a corporation, such affidavit may be made by any officer, attorney or 6 agent thereof having knowledge of the facts concerning such action. Sec. 401. Beqxjisitbs of statembJnt — form. J Every such statement herein- 2 before provided for, after the formal part thereof, shall be divided into para- 3 graphs each of which shall be numbered and each paragraph shall set forth 4 but one ultimate or evidentiary fact expected to be proved by the party filing 5 the same. Such statement and the affidavit verifying the same may be in sub- 6 stantially the following form: 7 In the Ciecuit Coukt of Cook County, Illinois. 8 John Doe ) 9 V. [ Contract. No. 1000. 10 Eichard Eoe. ) 11 Statement of Facts Expected to be Proven. 12 John Doe,, plaintiff, in the above entitled action, being duly sworn, upon 13 information and belief says that upon the trial of the above entitled action he 14 expects to prove tlie following facts : 15 1. That (here set forth any one ultimate or evidentiary fact expected to 16 be proven and follow the same with as many subsequent paragraphs numbered 17 consecutively as there are ultimate or evidentiary facts expected to be proven, 18 each paragraph to set forth a single fact.) 19 John Doe. 20 Subscribed and sworn to before me this 24th day of February, 1908. 21 John Smith, Clerk. 277 Sec. 402. Requisites of denial — foem.J When any such statement has 2 been filed the opposite party, if he wishes to deny the same or any portion 3 thereof, inay do so by specifying in his affidavit the numbers only of the 4 facts in such statement which he denies and such party shall also be at liberty 5 to supplement such denial of any fact by any explanation he may desire to make 6 of such denial. Such affidavit may be in substantially the following form : ^ 7 In the Ciecuit Coxtkt op Cook Couxty, Illinois. Contract. No. 6000. 8 Jobn Doe 9 V. 10 Richard Roe. 11 Reply to Statement of Facts Expected to be Proven. 12 Richard Roe, the defendant in the above entitled action, being duly sworn, 13 upon information and belief denies tlie facts, and each of them, numbered 3, 4, 14 5, 6 and 7 set forth in the statement filed herein by the plaintiff and in explana- 15 tion of his denial of such fact Xo. 5 the defendant says (here give explanation.) 16 RicHABD Rob. 17 Subscribed and sworn to before me this 4th day of March, 1908. 18 John Smith, Clerk. Sec. 403. Copy to be attached to summons vvhen.J K any such statement 2 is filed by the plaintiff at the time he commences his action a copy thereof 3 shall be attached to the copy of the summons served upon the defendant. If 4 any such statement, or any reply to any such statement, is filed by either party 5 after the commencement of the action a copy thereof shall, inunediately upon 6 the filing of the same, be served upon the opposite party. Sec. 404. Time for filing denial.] If any such statement is filed the oppo- 2 site party, if he elects to deny the same or any portion thereof, shall do so 3 within five days after he shaU have been served with a copy of such state- 4 ment, or within such further time as may be allowed by the court therefor by o general rule or otherwise: Provided, however, that no defendant shall be re- 6 quired to file any such denial prior to the date on which he is required to file 7 the specification of his defense or defenses. 278 Sec. 405. Facts may be read in evidence when.] When any such statement 2 is filed the party filing the same may, upon the trial or hearing of .the action, 3 read in evidence as facts admitted such of the facts therein set forth as are 4 not denied by the opposite party as hereinbefore provided, and may, in his 5 discretion, read in evidence the opposite party's explanation of the denial of 6 any such fact. DIVISION XXV. JUDICIAL NOTICE. Section 406. Of what courts of original jurisdiction take judicial notice. Section 407. Measures to be adopted to aid court in taking judicial notice. Section 406. Of what couets of okiginal jukisdiction take judicial 2 NOTICE.] Every court of original jurisdiction shall take judicial notice of the 3 following : 4 -First— G:en'ebal obdinances of municipal cokporations.] All general ordi- 5 nances of every municipal corporation situated in whole or in part within the 6 limits of the county in which the court is held. 7 Second— Ijaws of othee states and tekeitoeies.] All laws of a public na- 8 ture enacted by any state or territory of the United States. 9 T/iird?— Oeganization of domestic coepoeations.] The organization of all 10 corporations organized under the laws of this State whose certificates of com- 11 plete organization are recorded in the ofiice of the recorder of deeds of the 12 county in which the court is held. 13 Foul i/i— Oeganization op domestic eaileoad corporations.] The organiza- 14 tion of all railroad corporations, including those organized for the operation of 15 street railroads or elevated railroads, organized under the laws of this State, 279 16 whose lines of railroad, or any part or parts thereof, are located in the county 17 in which the court is held. 18 Fifth—OsGAJsizATiON OF FOREIGN RAiLKOAD coEPOKATiONS.] The Organization 19 of all corporations organized under the laws of any other state or states, or 20 under the laws of the United States, and engaged in the operation of any raiJ- 21 road or railroads within the county in which the court is held. 22 iSia;^^— Location of railroads.] The location of all lines of railroad, includ- 23 ing street railroads and elevated railroads, within the county ia which the court 24 iB held and the corporation or corporations, person or persons, by whom the 25 same are operated. 26 Seventh— Jii AMES axd locations of streets.] The names and locations of 27 all streets within the cities, villages and incorporated towns of the county in 28 which the court is held. 29 Eighth — Decisions of united states courts and courts of other states.] 30 The decisions of the Supreme Court, circuit courts of appeals, circuit courts 31 and district courts of the United States, the Interstate Commerce Commission 32 of the United States, the Supreme Court and Appellate Courts of this State 33 and of the courts of appellate jurisdiction of all other states and of the terri- 34 tories of the United States, when the same are published ia printed form in 35 books of reports purporting to contain such decisions. 36 Ninth — Names and locations of public buildings.] The names and loca- 37 tions of all public buildings situated within the county in which the court is held. 38 The term "public buildings," as used in this section, shall include all build- 39 ings owned, used or occupied for public purposes or under the patronage and 40 control of the United States, or of this State, or any county, city, village, town, 41 school district or other municipal corporation, and all buildings within the 42 limits of cities, villages or incorporated towns and used exclusively for church 43 purposes. 280 44 Tenth— 'i>!iAM^B and locations of business buildings.] The names and lo- 45 cations of all buildings within cities, villages and incorporated towns used .for 46 business purposes, which are commonly known and described by their names. 47 Eleventh — Names, etc., of judges and clerks.] The names of all judicial' 48 officers, and the names, official signatures and seals of all clerks of courts of 49 record of this State and the names and official signatures of their deputies. 50 Tw elf tJi— 'Names of sheriffs, bailiff, deputies, etc.] The names of all 51 sheriffs and their deputies, and of the bailiff and deputy bailiffs of any muni- 52 cipal court and of all constables in this State. 53 Thirteenth— 'i^AM'ES of county officers.] The names of all county officers. 54 Fourteenth — Names, etc., op recorders, notaries, etc.] The names, official 55 signatures and seals of all recorders and notaries public and the names and 56 official signatures of all deputy recorders within this State and the official sig- 57 natures of all justices of the peace and police magistrates in the county within 58 which the court is held. 59 Fifteenth— OTB.Bn matters.] AU other matters of which the courts of this 60 State have been heretofore accustomed to take judicial notice. 61 But the provisions of this section requiring judicial notice to be taken of 62 the matters specified in clauses third, fqurth, fifth and sixth above shall not 63 apply in any action of quo warranto, and the provisions of this section requir- 64 ing judicial notice to be taken of the matters specified in clause seventh above 65 shall not apply in any action in which the title to real estate is involved. Sec. 407. Measures to be adopted to aid courts in taking judicial notice.] 2 For the purpose of aiding courts in taking judicial notice of matters of 3 which they are required to take judicial notice by the preceding section, 4 and of enabling parties to actions to inform themselves with respect 5 thereto, the following measures shall be adopted: 6 First — Duty of secretary of state.] The Secretary of State shall, upon 7 the application of any attorney at law authorized to practice in the courts 281 8 of this State and resident therein, and npon the receipt of a fee of one dollar 9 ($1), furnish to such attorney at law, by mail or otherwise, a statement of 10 the following particulars with respect to any corporation organized under the 11 laws of this State, the certificate or certificates of the organization of which 12 have been filed or recorded in the office of said Secretary of State : 13 a — The name and the date of the organization of the corporation, together 14 with all changes of name, and the dates thereof. 15 b — The capital stock, if any, of such corporation, together with all changes 16 of such capital stock and the dates and nature of such changes. 17 c — The purpose for which such corporation was originally organized and 18 the chaises made in the objects thereof and the dates of such changes. 19 d — The number and official designation of the managing officers thereof and 20 all changes made in the number of such managing officers with the dates of 21 such changes. 22 e — The location of the principal office of such corporation and all changes 23 in the location of such principal office of such corporation, with the dates of 24 such changes. 25 / — ^All other information which may be required by any rule which may be 26 adopted by the Supreme Court. 27 Second — ^Drir of recobdeb.] The recorder of deeds of each county shall, 28 upon application by mail or otherwise by any attorney at law authorized to 29 practice in the conrts of this State and resident therein, and upon the receipt 30 of a fee of one dollar ($1), furnish to such attorney at law the particulars 31 specified in clause fii'st of this section with respect to any corporation whose 32 certificate of complete organization shall have theretofore been filed in his 33 office. 34 Third — ^Dutt of fobeigk coeporatiox.] Every corporation organized un- 35 der the laws of any other state or states, or under the laws of the United 36 States, and engaged in the operation of any railroad or railroads within this 282 37 State shall, on or before the first day of September, 1909, cause to be pre- 38 pared and printed a copy of its charter or other papers evidencing its corpor- 39 ate existence and powers, and shall transmit to the clerk of the Supreme Court 40 and of the Appellate Courts of this State one printed copy thereof for each 41 judge of said respective courts and one printed copy thereof for each of said 42 clerks, and also transmit to the clerk of each court of record of each county in this 43 State into or through which the railroad, or any branch thereof, owned or oper- 44 ated by such corporation may extend, one printed copy thereof for each of said 45 clerks and whenever any change is made in the charter or other papers evidenc- 46 ing the corporate existence and powers of any such corporation, such corpora- 47 tion shall cause the same to be printed and copies thereof to the same num- 48 her above provided promptly transmitted to said respective clerks. Such cor- 49 poration shall likewise, upon the application of any judge of a court of rec- 50 ord of this State, transmit to such judge, by mail or otherwise, one or more 51 of the printed copies above provided for. Any Such corporation, failing to 52 prepare, print and distribute the printed copies aforesaid shall, for the period 53 during which such failure shall continue, be incapacitated to prosecute any 54 action in any court of this State and shall, if such failure shall continue for 55 more than one month, be deemed guilty of a misdemeanor and shall be fined 56 the sum of one hundred dollars ($100) for each month during which such 57 neglect shall continue. 58 Fourth — Duty of DOMBsa?ic cokpokation wpien papers kot piled with sec- 59 RETABY OP STATE.] Evory corporation organized and carrying on business in 60 this State, which may have been organized by any general or special law of 61 this State and whose charter, certificate of organization or other papers evi- 62 dencing its corporate existence and powers, are not required to be filed in 63 the office of the Secretary of State shall also, on or before the first day of 64 August, 1909, cause to be prepared and printed a copy of the law or laws by 65 which it has been created and all other papers evidencingl its corporate ex- 283 66 istence and powers and transmit to the clerk of each court of this State one 67 copy thereof for each judge of said court and one printed copy thereof for 68 each of said clerks. Such corporation shall likewise, upon the application of 69 any judge of a court of record of this State, transmit to said judge, hy mail 70 or otherwise, one or more of the printed copies above provided for. Any such 71 corporation failing to comply with this clause shall, for the period during 72 which such failure shall continue, be incapacitated to prosecute any action 73 in any court of this State and shall, if such failure shall continue for more 74 than one month, be deemed guilty of a misdemeanor and shall be fined the 75 sum of ten dollars ($10) for each month during which such neglect shall 76 continue. 77 Fifth — Attobnet to be ftibkished infoematiojt.J Whenever any action 78 shall be brought in any court of this State against any corporation of either 79 of the classes mentioned in clause third and clause fourth of this section, 80 such corporation shaU, upon application therefor by any attorney at law 81 authorized to practice in the courts of this State and resident therein and 82 appearing as an attorney of record in such action, deliver to such attorney 83 at law a printed copy of the charter, laws and papers referred to in said clauses 84 and compliance with such application, if refused, shall be enforced by 85 the court in which such action is pending by attachment or other appropriate 86 process or proceeding. 284 DIVISION XXVI. EVIDENCE. Section 408. Interest not to disqualify witness — conviction of crime — efifect — iiow proven. 409. Rule when adverse party sues or de- fends as heir, etc. 410. Rule in actions by or against surviv- ing partners, etc. 411. Rule as to husband or wife. 412. Confession to clergyman not to be disclosed when. 413. Information acquired by doctor not to be disclosed when. 414. Communication of client to attorney not to be disclosed when — attorney's clerk, etc., not allowed to disclose communication. 415. Exceptions to last three sections — waiver of provisions. 416. Book accoimts. 417. Adverse party, directors, etc., exam- ined as if under cross-examination — when re-examination allowed. 418. Calling of witness not to give credit — how credit of witness determined — cross-examination not to be limited — leading questions — answers not responsive. 419. Incompetent witness not made compe- tent by release, etc. 420. Act not to affect settlement of estates, etc. 421. Production of books and writings. 422. Papers, etc., of courts — how proven. 423. Papers, etc., of cities, etc. — how proven. 424. Papers, etc., of corporations — how proven. 425. Certificate of clerk, etc. — what to con- tain. 426. Proceedings, etc., of justices of the peace. 427. Examined copies. 428. Penalty for false certificate. Section 429. Certificate of register of land office, etc. 430. Patent for land better evidence than certificate. 431. Certified copy of recorded patent. 432. Copies of books and entries of sales — certificates of purchase — patent par- amount to certificate— swamp and overflowed lands. 433. Depositions of resident witness in action tried without a jury. 434. Depositions of resident witnesses in actions tried by jury. 435. Depositions of resident and non-resi- dent witnesses upon written interrog- atories. 436. Notice to adverse party. 437. Oral interrogatories. _ 438. Non-attendance of party giving notice — penalty. 439. Method of taking depositions. 440. Deposition unsealed — opening and fil- ing. 441. Party, etc., not to dictate deposition, etc. 442. Deposition to be competent evidence. 443. When further examination allowed. 444. Compelling attendance of witnesses when a action pending in this State. 445. Compelling attendance of witnesses when depositions for use in foreign courts. 446. Court may shorten notice, etc. 447. Fees — cross-examination. 448. Fees payable in advance — attachment. 449. Oral evidence upon motions, etc. 450. Oral testimony in equity. 451. Evidence in report of proceedings in trial by court to be competent upon new trial or hearing. 285 EVIDENCE CONCLUDED. 452. Evidence in report of proceedings in trial by jury may be read upon new trial. 453. Perpetuation of testimony. 454. Petition to be docketed as action in equity. 455. Several commissions may issue. 456. Xotice to parties interested. 457. X'otice to non-resident — unknown owners. 458. Court may prescribe notice. 459. Persons interested may attend — cross- examination, etc. 460. Depositions competent evidence when. 461. Interpreters. 462. Testimony taken by commission of surveyors. 463. Proof of title of Illinois Central Rail- road lands. 464. Commission of trustees. 465. Proof of execution of deed, etc. Section 408. Interest not to DisgrALTFY witness — conviction of ckimb — 2 effect — siow PBOVEN.j No person shall be disqualified as a witness in any civil 3 or quasi-criminal action or proceeding, except as hereinafter stated, by reason 4 of his or her interest in the event thereof, as a party or otherwise, or 5 by reason of his or her conviction of any crime; but such interest or convic- 6 tion may be shown for the purpose of affecting the credibility of such witness ; 7 and the fact of such conviction may be proven like any fact not of record, 8 either by the witness himself (who shall be compelled to testify thereto) or 9 by any other witness cognizant of such conviction, as impeaching testimony, 10 or by any other competent evidence. Sec. 409. Etjle when adveese party sues ok defends as heik, etc.] No 2 party to any civil action or proceeding, or person directly interested in the 3 event thereof, shall be allowed to testify therein of his own motion, or in his 4 own behalf, by virtue of the foregoing section, when any adverse party sues 5 or defends as the trustee or conservator of any idiot, habitual drunkard, luna- 6 tic or distracted person, or as the executor, administrator, heir, legatee or 7 devisee of any deceased person, or as the guardian or trustee of any such 8 heir, legatee or devisee, unless when called as a witness by such adverse 9 party so smng or defending, and also in the following cases, namely: 286 10 First — Facts occukeing after death, etc.] In any such action or proceed- ] 1 ing a party or interested person may testify to facts occurring after the death 12 of such deceased person or after the ward, heir, legatee or devisee shall have 13 attained his or her majority. 14 Second — When agent, etc., testifies.] When, in any action or proceeding, ■ 15 any agent of any deceased person shall, in behalf of any person or persons 16 suing or being sued in either of the capacities above named, testify to any 17 conversation or transaction between such agent and the opposite party or 18 party in interest, such opposite party or party in interest may testify con- 19 cerning the same conversation or transaction. 20 Third — As to conversation testified to by adverse witness.] When, in any 21 such action or proceeding, any such party suing or defending as aforesaid, 22 or any person having a direct interest in the event of such action or prOceed- 23 ing, shall testify in behalf of such party so suing or defending to any conver- 24 sation or transaction with the opposite party or party in interest, then such 25 opposite party or party in interest shall also be permitted to testify as to 26 the same conversation or transaction. 27 Fourth — As to admission or conversation.] When, in any such action or 28 proceeding, any witness not a party to the record, or not a party in interest, 29 or not an agent of such deceased person, shall, on behalf of any party to such 30 action or proceeding, testify to any conversation or admission by any adverse 31 party or party in interest, occurring before the death and in the absence of 32 such deceased person, such adverse party or party in interest may also testify 33 as to the same admission or conversation. 34 Fifth — When deposition of deceased person read.] When, in any such 35 action or proceeding, the deposition of such deceased person shall be read in 36 evidence at the trial or hearing, any adverse party or party in interest may 37 testify as to all matters and things testified to in such deposition by such 38 deceased person and not excluded for irrelevancy or incompetency 287 Sec. 410. EULE IN ACTIONS BY OR AGAINST SURVIVING PARTNERS. ETC.] In any 2 action or proceeding by or against any surviving partner or partners, joint 3 contractor, or joint contractors, no adverse party or person adversely in- 4 terested in the event thereof shall, by virtue of the preceding sections, be 5 rendered a competent witness to testify to any admission or conversation by 6 any deceased partner or joint contractor, unless some one or more of the sur- 7 viving partners or joint contractors were also present at the time of such 8 admission or conversation, and in every action or proceeding a party to the 9 same who has contracted with an agent of the adverse party — the agent hav- 10 ing since died — shall not be a competent witness as to any admission or con- il versation between himself and such agent, unless such admission or conversa- 12 tion with the said deceased agent was had or made in the presence of a 13 surviving agent or agents of such adverse party, and then only except where 14 the conditions are such that under the provisions of the preceding and subse- 15 quent sections of this Act he would have been permitted to testify, if the de- ;^6 ceased person had been a principal and not an agent. Sec. 411-. Rule as to husband or wife.] No husband or wife shall, by vir- 2 tue of either of the preceding sections of this Act, be rendered competent to 3 testify for or against the other as to any transaction or conversation occur- 4 ring during .the marriage, whether called as a witness during the existence of 5 the marriage or after its dissolution, except in cases where the wife would, if 6 unmarried, be plaintiff or defendant, or where the cause of action grows out 7 of a personal wrong or injury done by one to the other, or grows out of the 8 neglect of the husband to furnish the wife with a suitable support; and ex- 9 cept in actions where the litigation shall be concerning the separate property 10 of the wife, and actions for divorce; and except also in actions upon policies 11 of insurance of property, so far as relates to the amount and value of the 12 property alleged to be injured or destroyed, or in actions against carriers, so 288 13 far as relates to the loss of property- and the amount and value thereof, or 14 in all matters of business transactions where the transaction was had and 15 conducted by such married woman as the agent of her husband, in all of 16 which cases the husband and wife may testify for or against each other in 17 the same] manner as other parties may, under the provisions of this Act: 18 Provided, that nothing in this section contained shall be construed to author- 19 ize or permit any such husband or wife to testify to any admission or conver- 20 sation with the other, whether made by him to her or by her to him, or by either 21 to third persons, except in actions or proceedings between such husband and 22 wife. Sec. 412. Confession to olekgyman not to be disclosed — when.] A ckr- . 2 gyman or other minister of any religion shall not be allowed to disclose a con- 3 fession made .to him, in his professional character, in the course of discipline, 4 enjoined by the rules or practice of the religious body to which he belongs. / Sec. 413. Information acquired by physician not to be disclosed — when.] 2 A person duly authorized to practice physic or surgery shall not be allowed 3 to disclose any information which he acquired in attending a patient in a 4 professional capacity and which was necessary to enable him to act in that 5 capacity. Sec. 414. Communication of client to attorney not to be disclosed when 2 — ^attorney's clerk, etc., not allowed to disclose communication.] An attor- 3 ney at law shall not be allowed to disclose a communication made by his client 4 to him or his advice given thereon in the course of his professional employ- 5 ment, nor shall any clerk, stenographer or other person employed by such 6 attorney at law be allowed to disclose any such communication or advice given 7 thereon. 289 See. 415. Excbptioxs to last three sections — waives of PBOvisioiirs.] The 2 last three sections shall apply to any examination of a person as a witness, 3 unless the provisions thereof are expressly waived upon the trial or exam- 4 ination by the person confessing, the patient or the client; but a physician or 5 surgeon may, upon a trial or examination, disclose any information as to the 6 mental or physical condition of a patient who is deceased which he acquired 7 in attending such patient professionally, except confidential commimications 8 and such facts as would tend to disgrace the memory of the patient, when 9 the provision hereinbefore contained prohibiting the disclosure of such infor- 10 mation has been expressly waived on such trial or examination by the per-. 11 sonal representatives of the deceased patient, or, if the validity of .the last will 12 and testament of such deceased patient is in question, by the executor or exe- 13 cutors named in such will, or the surviving heirs, widow or any heir at law l-t or any of the next of kin of such deceased person, or any other party in in- 15 terest; but nothing herein contained shall be construed to disqualify an attor- 16 ney in the probate of a will heretofore executed or offered for probate, or here- 17 after to be executed or offered for probate, from becoming a witness as to 18 its preparation and execution in case such attorney is one of the subscribing 19 witnesses thereto. Sec. 416. Book accox^xts.] "When, in any civil action or proceeding, the 2 claim or defense is founded on a book accoimt any party or interested per- 3 son may testify to his account book, and the items therein contained; that the 4 same is a book of original entries and that the entries therein were made by 5 himself and are true and just; or that the same were made by a deceased 6 person, or by a disinterested person and non-resident of the State at the time 7 of .the trial and were made by such deceased person or non-resident person in 8 the usual course of trade and of his duty to or employment by the party so 9 testifying; and thereupon the said account book and entries shall be admitted 10 as evidence in the action. 290 Sec. 417. Adverse PAETY, directors, etc., examined as if under ceoss-exam- 2 iNATiON — WHEN RE-EXAMINATION ALLOWED.] Anj party to any civil action or 3 proceeding may compel any adverse party or person for whose benefit such 4 action or proceeding is brought, or the directors, officers, superintendents or 5 managing agents of any corporation which is an adverse party to the record 6 in such action, to testify as a witness or witnesses at the trial or hearing of 7 such action, or by depositions taken as other depositions are by law required 8 to be taken, as if under cross-examination, and for that purpose such adverse 9 party or the directors, officers, superintendents or managing agents of a cor- J.0 poration which is an adverse party to the record, may be compelled, in the 11 same manner and subject to the same rules for examination as any other wit- 12 ness, to testify; but the party calling for such examination shall not be con- 13 eluded thereby but may rebut the testimony thus given by counter-testimony. 14 In case such cross-examination is had by the taking of a deposition, such 15 adverse party may, as a part of the same deposition, be re-examined in his 16 own behalf, or such directors, officers, superintendents or managing agents 17 may be re-examined in behalf of the corporation of whom they are such direct- 18 ors, officers, superintendents or managing agents. In case such cross-exam- 19 ination is had in open court no such re-examination shall be allowed, but such 20 adverse party may thereafter be called as a witness in his own behalf or such 21 directors, officers, superintendents or managing agents may be called and 22 examined as witnesses in behalf of such corporation. Sec. 418. Calling of witness not to give credit — how credit of witness 2 determined cross-examination not to be limited LEADING QUESTIONS ^ANSWERS 3 NOT RESPONSIVE.] No party calling or examining any witness upon the trial or 4 hearing, or at the taking of a deposition to be read in evidence upon the trial 5 or hearing, of any action or proceeding at law or in equity, shall be held to 6 give credit to, or be in any manner bound by, the testimony of such witness 7 to any greater extent than if such witness had been called or examined by the 291 8 adverse party; but the testimony given by every witness called or examined 9 as aforesaid shall be given snch credit and such credit only as the court, if 10 the case be tried by the court without a jury, or the jury, if the case be tried 11 by jury, shall, under all the circumstances disclosed by the evidence, deem 12 such testimony justly entitled to. When any party shall call and examine any 13 witness the opposite party shall be at liberty, during the cross-examination, to 14 examine such witness upon all matters bearing upon the issues between the 15 parties, regardless of whether the witness shall have testified regarding such 16 matters upon his direct examination. The right of any party to propound lead- 17 ing questions to any witness shall not be dependent upon which party shall 18 have first called upon the witness to testify, but shall be determined by the 19 presiding judge, if such witness testifies in open court, from the appearance 20 of the witness upon the witness stand, his manner of« testifying and aU the 21 circumstances disclosed by the evidence, or, if such testimony is given by depo- 22 sition, it shall be determined by the presiding judge from the deposition itself. 23 Xo testimony given by any witness, wheu such testimony is competent evi- 21 dence under the issues in the action in which the same is given, shall be re- 25 jected, stricken out or deemed incompetent because of the answer or answers 26 of such witness not being responsive to the question or questions propounded 27 to him, unless the same is objected to by the party propounding such question 28 or questions. Sec. 119. IXCOMPETEXT WITXESS NOT MADE COMPETENT BY EBIiEASB, ETO.J In 2 any civil action, or proceeding, no person who would, if a party thereto, be 3 incompetent to testify therein under the provisions of the preceding sections, 4 or any of them, shall become competent by reason of any assignment or release 5 of his claim, made for the purpose of allowing such person to testify. Sec. 120. Act xot to affect settlement or estates, etc.] Xothing in this 2 Act contained shall in any manner affect the laws now existing relating to the ' 292 3 settlement of the estates of deceased persons, infants, idiots, lunatics, dis- 4 tracted persons or habitual drunkards having conservators, or to the acknowl- 5 edgment or proof of deeds and other conveyances relating to real estate, in 6 order to entitle the same to be recorded, or to the attestation of the execution 7 of last wills and testaments, or of any other instrument required by law to 8 be attested. Sec. 421. Production of books and writings.] The several courts shall 2 have power, in any action pending before them, upon motion and good and 3 sufficient cause shown, and reasonable notice thereof given, to require the par- 4 ties, or either of them, to produce books or writings in their possession or 5 power which contain evidence pertinent to the issue. Sec. 422. PaS'ers, etc., of courts — how proven.] The papers, entries and 2 records of courts may be proved by a copy thereof certified under the hand 3 of the clerk of the court having the custody thereof, and the seal of the court, 4 or by the judge of the court, if there be no clerk. Sec. 423. Papers, etc., of cities, etc.-^how proven.] The papers, entries, 2 records and ordinances, or parts thereof, of any city, village, town or county, 3 may be proved by a copy thereof, certified under the hand of the clerk or the 4 keeper thereof, and the corporate seal, if there be any; if not, under his hand 5 and private seal. Sec. 424. Papers, etc., of corporations, etc. — how proven.] The papers, 2 entries and records of any corporation or incorporated association may be 3 proved by a copy thereof certified under the hand of the secretary, clerk, cash- 4 ier or other keeper of the same. If the corporation or incorporated association 5 has a seal, the name shall be affixed to such certificate. Sec. 425. Certificate of clerk, etc. — what to contain.] The certificate 2 of any such clerk of a court, city, village, town, county, or secretary, clerk. 293 3 cashier or other keeper of any such papers, entries, records or ordinances, 4 shall, excepting as may be otherwise provided by this Act, contain a state- 5 ment that such person is the keeper of the same, and, if .there is no seal, shall 6 so state. Sec. 426. Proceedings, etc., op justices of the peace.] The proceedings 2 and judgments before justices of the peace may be proved by a certified copy 8 thereof, under the hand and private seal of the justice before whom such pro- 4 ceeding or judgment is had, or his successor, having the custody of the same. 5 When such certified copy is to be used as evidence in any county other than 6 that in which the justice so certifying resides, the certificate of the county 7 clerk shall be annexed, certifying that the justice before whom the proceeding 8 or judgment was had was, at the time such proceeding or judgment was had, 9 a justice of the peace, duly commissioned, and if the certificate is by a suc- 10 cesser, that he was such successor at the time of making such certificate. Sec. 427. Examined copies.] Any such papers, entries, records and ordi- 2 nances may be proved by copies examined and sworn to by credible witnesses. Sec. 428. Penalty for false certificate.] If any such officer, clerk, sec- 2 retary, cashier, justice of the peace, or other person authorized to certify 3 copies of any papers, entries, records or ordinances, shall knowingly make a 4 false certificate, he shall be punishable in the same manner as if he were 5 guilty of perjury. Sec. 429. Certificate of register of land office, etc.] The official certifi- 2 cate of any register or receiver of any land office of the United States, to any 3 fact or matter on record in his office, shall be received in evidence in any 4 court in this State, and shall be competeit to prove the fact so certified. 5 The certificate of any such register, of the entry or purchase of any tract of 6 land within his district, shall be deemed and taken to be evidence of title in 294 7 the party who made such entry or purchase, or his heirs or assigns, and shall 8 enable such party, his heirs or assigns, to recover or protect the possession 9 of the land described in such certificate, in any action of ejectment or forcible 10 entry and detainer, unless a better legal and paramount title be exhibited for 11 the same. And the signature of such register or receiver may be proved by 12 a certificate of the Secretary of State, under his seal, that such signature is 13 genuine. Sec. 430. Patent foe land better evidence than cektificatb.] A patent 2 for land shall be deemed and considered a better legal and paramount title 3 in the patentee, his heirs or assigns, than the official certificate of any register 4 of a land ofiice of the United States, of the entry or purchase of .the same land. Sec. 431. Certified copy of eecoeded patent.] In all cases where any 2 lands or lots have been or may be sold by this State or any of the officers 3 thereof, under the authority of any law of this State, whereof the patent 4 shall be issued by the Grovernor, under the seal of this State, and in case said 5 patent has been or shall purport to be recorded in the recorder's office of 6 the county where the lands or lots are situated, and said patent shall be lost, 7 or out of the power of the party desiring to use the same to produce in evi- 8 dence, a copy of the record of said patent, certified by the recorder of said 9 county, may be read in evidence in place of said original patent; which copy 10 certified as aforesaid, shall be prima facie evidence of the issuing of said pat- 11 ent, and of the contents thereof. The provisions of this section shall apply to 12 deeds executed by the trustees of the Illinois and Michigan canal, and to pat- 13 ents for land issued or granted by the United States. Sec. 432. Copies of books and entries of sales — certificates of purchase — 2 patent paramount to certificate — SWAMP AND OVERFLOWED LANDS.] CopieS Of 3 the books and entries of the sale of all lands or lots heretofore or that here- 4 after may be sold by this State or any of the officers thereof under any law of 295 5 this State, certified to be true and correct copies of such books and entries by 6 the proper person or officer in whose custody said books and entries may prop- 7 erly be, shall be prima facie evidence of the facts stated in said books and 8 entries. The certificate of such officer of the purchase of or issuing of a patent 9 for any tract of land sold by this State or any agent of the same, shall be 10 deemed and taken as evidence of title in the party certified to have made such 11 purchase or obtained such patent, his heirs or assigns, unless a better and para- 12 mount title is exhibited for the same. The patent for land shall be deemed a 13 better and paramount title in the patentee, his heirs, and assigns, than such 14 certificate, and when any swamp and overflowed lands and lots heretofore have 15 been or hereafter may be sold under any law of this State by any proper person 16 or officer of the county in which said lands lie, copies of the books and entries 17 of the sales of such swamp and overflowed lands and lots certified to be true 18 and correct copies of such books and entries by the proper person or officer in 19 whose custody such books and entries may properly be, shall be prima facie 20 evidence of the facts stated in such books and entries. The certificate of such 21 officer of the sale or entry of any tract or tracts of such swamp and overflowed 22 land or lots and of the execution of a deed for the same, giving the date of 23 such sale or entry, the date of the execution of the deed, the name of the pur- 24 chaser and description of the land, under the seal of his office may, if the 25 original deed be lost, or it be out of the power of the party wishing to use the 26 same to produce it in evidence, and such original deed has never been recorded, 27 be read in evidence in place of said original deed, and shall be prima facie evi- 28 dence of the execution and delivery of a proper deed for such land and shall 29 be deemed and taken as evidence of title in the person certified to have made 30 such entry or purchase, his heirs and assigns, until a better and paramount 31 title is exhibited for the same. And whenever it shall appear that the original 32 deed made upon any entry or sale of such swamp or overflowed lands is lost, 33 or not in the power of the party wishing to use the same to produce^ in evidence, 296 34 and the same has never been recorded as aforesaid and that the books and 35 original entries of sale of such swamp or overflowed lands or lots have also 36 been lost or destroyed, and the clerk of the county court or other proper officer 37 shall have made return of such sales and entries to the auditor of public ac- 38 counts, according to law, a certified copy of such return by the auditor, under 39 his seal of office, may be used in evidence with the like force and effect as 40 hereinbefore provided: Provided, that the party applying to the auditor for 41 such certificate shall pay a fee of one dollar for each certificate. Sec. 433. Deposition of eesident witness in action tried without a jubt.J ,2 When the testimony of any witness residing or being within this State shall be 3 necessary in any action in equity, or in any action at law, other than a crim- 4 inal action or one in which one of the parties has filed a demand in writing of 5 a trial by jury, the party wishing to use the same may cause the deposition of 6 such witness to be taken before any clerk of a court, master in chancery, notary 7 public, or court stenographer authorized by this Act to take depositions, with- 8 out a commission or filing interrogatories for such purpose on giving to the 9 adverse party, or his attorney, ten days' notice of the time and place of taking 10 the same, and one day in addition thereto (Sundays inclusive) for every fifty 11 miles' travel from the place of holding the court to the place where such de- 12 position is to be taken. If the party entitled to notice and his attorney reside 13 in the coimty where the deposition is to be taken, five days' notice shall be 14 sufficient. Sec. 434. Depositions op resident witnesses in actions tried by jury.] It 2 shall also be lawful to take the depositions of witnesses residing in this State 3 to be read in actions at law to be tried by jury, other than criminal actions, in 4 like manner and upon like notice as is above provided in all cases where the 5 witnesses reside in different coimties from that in which the court is held, or 6 are about to depart from the State, or are in custody on legal process, or are 2i)7 7 unable to attend such court on account of advanced age, sickness or other 8 bodily infirmity : Provided, however, that in all such cases, excepting where the 9 witnesses are unable to attend court on account of advanced age, sickness or 10 other bodily infirmity, such depositions, unless the parties othei-wise agree, 11 shall be taken only at some county seat. Sec. 435. Depositions of resident axd xox-besidext witnesses tjpoh' wiiir- 2 TEX iNTEBROGATOBiES.J When the testimony of any witness residing within this 3 State more than one himdred roiles from the place of holding the court, or not 4 residing in this State, or who is engaged in the military or naval service of 5 this State or of the United States and is out of the State, shall be necessary in 6 any action or proceeding, other than a criminal action, pending in any court 7 of record in this State, it shall be lawful for the party wishing to use the same, 8 on giving to the-adverse party or his attorney ten days' previous notice, to- 9 gether with a copy of the interrogatories to be put to such witness, to sue out 10 from the proper clerk's office a dedimus potestatem or commission under the 11 seal of the court, directed to any competent or disinterested person as com- 12 missiouer, or to any clerk of a court of record, master in chancery, notary 13 public, justice of the peace or court stenographer authorized by this Act to 14 take depositions, of the county in which such witness may reside, or in case it 15 is to take the testimony of a person engaged in such military or naval service, 16 to any coismissioned officer in the military or naval service of this State or of 17 the United States, authorizing and requiring him to cause such witness to 18 come before him at such time and place as he may designate and appoint and 19 faithfully to take his deposition upon all such interrogatories as may be en- 20 closed with or attached to said commission, both on the part of the plaintiff and 21 defendant, and none others ; and to certify the same when thus taken, together 22 with the said commission and interrogatories, into the court in which such cause 23 shall be pending with the least possible delay. 298 Sec. 436. Notice to adverse party.] When the deposition of any witness 2 is desired to be taken under the provisions of this Act and the adverse party 3 is not a resident of the county in which the action is pending, or is in default 4 and no attorney has appeared for him in such action, upon the filing of an 5 affidavit of such fact and stating the place of residence of such adverse party, 6 if known, or that upon diligent inquiry his place of residence cannot be ob- 7 tained, the notice required by this Act may be given by sending a copy tljereof 8 by mail, postage paid, addressed to such; party at his place of residence if 9 known, or, if not known, by posting a copy of such notice at the door of the 10 court house where the action is pending, or publishing the same in the nearest 11 newspaper, and when interrogatories are required, filing a copy thereof with 12 the clerk of the court ten days before the time of suing out such commission. Sec. 437. Oral interrogatories.] When a party shall desire to take the 2 evidence of a non-resident witness or of a witness residing within this State 3 more than one hundred miles from the place of holding the court, to be used in 4 any action pending in this State, the party desiring the same, or, when notice 5 shall have been given that a commission to take the testimony of any such 6 witness will be applied for, the opposite party, upon giving the other three 7 days ' notice in writing of his election so to do, may have a commission directed 8 in the same manner as provided in the next but one preceding section of this 9 Act to take such evidence upon interrogatories to be propounded to the witness 10 orally, upon the taking of which each party may appear before the commis- 11 sioner, in person or by attorney, and interrogate the witness. The party de- 12 siring such testimony shall give to the other the following notice of the time 13 and place of taking the same, to-wit: ten days and one day in addition thereto 14 (Sundays included) for every one hundred miles travel from the place of hold- 15 ing the court to the place where such deposition is to be taken. See. 438. Non-attendance or party giving notice — ^penalty.] When a 2 party to an action shall give the opposite party notice to take a deposition upon 299 3 oral interrogatories, and shall fail to take the same accordingly, unless such 4 failure be on account of the non-attendance of the witness, not occasioned by 5 the fault of the party giving the notice or some other unavoidable cause, the 6 party notified, if he shall attend himself or by attorney, agreeably to the notice, 7 shall be entitled to five dollars ($5) per day for each day he may attend under 8 such notice, and to six (6) cents per mile for every mile that he shall neces- 9 sarily travel in going to and returning from the place designated to take the 10 deposition, to be allowed by order of the court where the action is pending 11 and the payment of the same to be enforced by execution or by attachment of 12 the party against whom the same is allowed in the discretion of the court. Sec. 439. Method of taking depositions.] Previous to the examination of 2 any witness whose deposition is about to be taken as aforesaid, he or she shall 3 be sworn (or affirmed) by the person or persons authorized to take the same, 4 to testify the truth in relation to the matter in controversy so far as he or she 5 may be interrogated; whereupon the person authorized to take the deposition 6 shall proceed to examine such witness upon all such interrogatories as may 7 be enclosed with or attached to any such commission as aforesaid, and which are 8 directed to be put to such witness, or where the testimony is taken upon oral 9 interrogatories upon all such interrogatories as may be directed to be put by 10 either party litigant, and, if such interrogatories are enclosed with any such 11 commission, shall cause the same, together with the answers of the witnesses 12 thereto, to be reduced to writing in the order in which they shall be proposed 13 and answered and signed by such witness after which it shall be the duty of 14 the person taking such deposition to annex at the foot thereof a certificate 15 subscribed by himself stating that it was sworn to and signed by the deponent 16 and the time and place when and where the same was taken. If such deposi- 17 tion is taken upon oral interrogatories the person authorized to take the depo- 18 sition may, and, at the request of either of the parties, shall, cause such inter- 19 rogatories, together with ,the answers of the witness thereto, either to be taken 300 20 down in type- writing by a competent typewriter, or to be taken down by a 21 competent stenographer and thereafter transcribed by such stenographer from 22 his or her stenographic notes, and when so taken down, or taken down and 23 transcribed, as the case may be, shall cause the same to be signed by the wit- 24 ness and shall thereupon annex at the foot thereof the certificate hereinbefore 25 in this section provided for: Provided, however, that when any such deposition 26 so taken down in typewriting or stenographically shall be taken before the 27 clerk of any court of record, master in chancery, or court stenographer author- 28 ized by this Act to take depositions, the signature of the witness thereto shall 29 be unnecessary and the officer taking the deposition shall annex at the foot 30 thereof a certificate subscribed by himself stating that the deposition ' was 31 taken down in typewriting, or taken down stenographically^ and correctly 32 transcribed from the stenographic notes thereof, and giving the time and 33 place when and where the same was taken. Every such deposition when thus 34 taken, subscribed and certified, and copies of all exhibits produced to the said 35 person taking the deposition, as aforesaid, or which shall be proved or referred 36 to by any witness, together with the commission and interrogatories, if any, 37 shall be enclosed, sealed up and directed to the clerk of the court in which the 38 action shall be pending with the names of the parties litigant endorsed thereon: 39 Provided, that when any deposition shall be taken as aforesaid by any officer 40 out of the State such return shall be accompanied by a certificate of his official 41 character under the great seal of the state or under the seal of the proper court 42 of record of the county or city wherein such deposition shall be taken. When- 43 ever any deposition shall be taken down in typewriting, or taken down steno- 44 graphically and transcribed, to be used in any action pending in a court" of 45 record of this State, in addition to the original copy thereof there shall be made 46 and delivered to each party to the action, who may have entered a separate ap- 47 pearance, a carbon copy thereof. 301 Sec. 440. Deposition unsealed — opening and filing.] Every deposition 2 that shall be returned to the court unsealed or the seal of which shall be broken 3 previous to the receipt by the clerk to whom it is directed, shall, if objection be 4 made thereto in proper time, be regarded by the court as informal and in- 5 sufficient: Provided, however, that in any such case the same may nevertheless 6 be read in evidence if the party proposing to read the same in evidence shall 7 prove to the satisfaction of the court that such deposition was properly taken 8 and certified and that the same has been in no manner changed or altered 9 since the same was so certified. Upon the receipt of any deposition by the clerk 10 of the court to which the same has been returned it shall be his duty to open 11 and file the same. Sec. 441. Pabty, etc., not to dictate deposition, etc.] The party, his at- 2 torney, or any person who shaU in anywise be interested in the event of the 3 action, shall not be permitted to dictate, write or draw up any deposition 4 which may at any time be taken under this Act or be present during the taking 5 of any deposition by written interrogatories; and every deposition so dictated, 6 written up or drawn up, or during the taking of which any such party, his at- 7 torney or any person so interested is present, when the same is taken upon 8 written interrogatories as aforesaid, shall be rejected by the court as informal 9 and insufficient. Sec. 442. Deposition to be competent evidence.] Every examination and 2 deposition which shall be taken and returned according to the provisions of 3 this Act may be read as good and competent evidence in the action in which 4 it shall be taken, or in any other action between the same parties or their 5 privies involving the same issues, as if such witness had been present and ex- 6 amined by parol in open court on the hearing or trial thereof. Sec. 443. "When further examination allowed.] If it shall appear to 2 the satisfaction of the court that any witness has not given full or proper 302 3 answers to the interrogatories or cross-interrogatories accompaning the com- 4 mission to take his testiniony, or that a further examination ought to be al- 5 lowed to either party for the ends of justice, the court may allow another 6 commission to issue to the same or other commissioner to further examine the 7 witness in such manner and upon such conditions and notice as the court shall 8 direct. Sec. 444. Compelling attendance of witnesses when action pending 2 IN this state.] Every officer authorized by this Act to take depositions 3 and who may at any time be required to take a deposition in any cause 4 pending in any court of record of this State, shall have power and authority 5 to issue subpoenas, if necessary, to compel the. attendance of all such witnesses 6 as shall be named in the commission, or by the parties litigant when no com- 7 mission is necessary, in the same manner as witnesses are directed to be sub- 8 poenaed in other actions, and when any witness shall wilfully neglect or refuse 9 to obey any such subpoena, or shall refuse to testify or to subscribe his 10 deposition when correctly taken, the officer issuing such subpoena shall at once 11 report in writing the facts of such wilful refusal or neglect, accompanying the 12 same with copy of the commission or other authority received by him, together 13 with a copy of the subpoena and return of service thereof, to the court in which 14 such action is pending, and thereupon such court shall have power to issue 15 an attachment against such offending witness, returnable forthwith, and, upon 16 the return of such attachment, shall hear and determine the matter in a sum- 17 mary way, and if it appear to the court that the neglect or refusal of such 18 witness to appear or testify, or to subscribe such deposition as aforesaid, is 19 wilful and without lawful excuse, the court may punish such witness by fine or im- 20 prisonment in the county jail, or both, as the nature of the case may require, 21 as is now or as may hereafter be lawful for the court to do in cases of contempt 22of court. 303 Sec. 445. CoMPELUNG attexdaxce of witnesses whex depositioxs fob use 2 IX FOREiGx COURTS.] Whenever any clerk of a court, master in clianceiy, or court 3 stenographer authorized by this Act to take depositions, is directed, required 4 or authorized by any commission or other authority issued out of any court 5 of record in any other state, territory or country to take any deposition or n depositions he shall have power to issue subpoenas, if necessary, to compel the 7 attendance of witnesses in like manner as if such depositions were taken in an 8 action pending in a court of record of this State, and when he shall be 9 unable to secure the attendance of any witness named in such commission, or 10 any witness named in such commission shall wilfully neglect or refuse to tes- 11 tify before such clerk, master in chancery, or court stenographer, or to sub- 12 scribe his deposition when correctly taken, such clerk, master in chancery or 13 court stenographer may report in writing the facts of his being unable to 14 secure the attendance of such witness, or of such wilful refusal or neglect, as 15 the case may be, accompanying the same with a copy of the commission or other 16 authority received by him, to the circuit court of the county in which said 17 deposition is desired to be or has been taken, or been attempted to be taken, 18 and, upon such notice to such witness as such court may deem reasonable, may 19 apply .to such court for an order requiring such witness to attend and testify be- 20 fore such clerk, master in chancery or court stenographer at such time and 21 place as may be specified in such order, and the court may make any order 22 which the court may deem necessary to compel such witness to attend before 23 such clerk, master in chancery or court stenographer and to answer aU proper 24 questions which may be propounded to him under and in pursuance of such 25 commission and may enforce compliance with such order by issuing an attach- 26 ment against the offending witness and punishing such witness by fine or 27 imprisonment in the county jail, or by both, as the nature of the case may re- 28 quire, as is now or as may hereafter be lawful for the court to do in cases of 29 contempt of court. 304 Sec. 446. Court may shorten notice, etc.] The court in which any action 2 other than a criminal action, is pending may at any time, in its discretion, 3 whenever, in its judgment, such course seems proper and expedient, order the 4 deposition of any witness to be taken in such action upon shorter notice than 5 that hereinbefore provided for, or it may, in its order, fix the time and place 6 of the taking of such deposition and specify the officer before whom the same 7 is to be taken, and any deposition so taken may be read in evidence with the 8 same effect as if it had been taken in accordance with the notice hereinbefore 9 specified. Sec. 447. Fees — cross-examination. J The party on whose behalf any dep- 2 osition is taken shall pay the fees of the officer for the taking of the same in 3 typewriting, or taking the same stenographically and transcribing the same, 4 as the case may be, together with the fees of such officer foi* a carbon copy 5 thereof for such party and a carbon copy thereof for the opposite party, 6 which fees shall be taxed as costs in the action: Provided, however, that when 7 the transcript of the cross-examination of any witness shall exceed in length 8 the transcript of the direct examination of such witness by more than two 9 thousand (2,000) words the fees of the officer for said excess over and above 10 said two thousand (2,000) words shall be paid by the party cross-examining 11 such witness and the same may be taxed as costs in his favor. In case of the 12 refusal of the party cross-examining the witness to pay for such excess the 13 cross-examination of such witness, to the extent of such excess, shall be omitted 14 from the transcript of such deposition, unless the party on whose behalf the 15 deposition is taken shall elect himself to pay the said fees, the same to be taxed 16 as costs in his favor, and such deposition may be read in evidence with the same 17 effect as if the transcript thereof contained all of such cross-examination. Sec. 448. Fees payable in advance — attachment.] The fees for the tak- 2 iug of any deposition before any clerk of a court, master in chancery or court 305 3 stenographer, including the fees for the transcript and carbon copies thereof, 4 shall be payable in advance, so far as the same may be estimated, and at aU 5 events upon the completion of the typewriting or transcribing of the same. 6 The court in which the action or proceeding is pending, as evidence in which 7 any deposition is taken before any oflBcer mentioned in this section, may com- 8 pel the payment of the fees hereinbefore provided for bv attachment of the 9 party liable for such fees, and the court before the clerk, a master in chancery 10 or a court stenographer of which any deposition is taken for use in any other 11 court of this State, or in a court of any other state, territory or country, may 12 compel the payment of the fees for the taking of such deposition by attach- 13 ment of the party liable for such fees. Sec. 449. Oral, evidence upon motions, etc.] Whenever, in any action, 2 evidence shall be necessary concerning any fact in support of or in opposition 3 to any interlocutory or other motion or application other than an application 4 for a change of venue, the court may, in its discretion, require such evidence to 5 be presented by the oral examination of witnesses in open court or otherwise, 6 and may make all necessary orders for such oral examination. Sec. 450. Oral testimony in eqvitt.] On the trial of every action in equity 2 oral testimony shall be taken when desired by either party. Sec. 451. Evidence in keport of proceedings in trial, by court to be com- 2 petent upon new trial or hbabing.] Wlienever, in any action at law or in 3 equity tried by the court without a jury in which the evidence heard by the court 4 is preserved in a report of the proceedings settled and signed by the presiding 5 judge, the judgment or decree of the court is, upon appeal or writ of error, 6 revprsed and the cause remanded to the court of original jurisdiction for a new 7 trial or hearing, entitling either of the parties to the introduction of evidence, 8 the evidence preserved in such report shall, as a matter of course, and without 9 any order of court therefor, be deemed and taken as a part of the evidence in- 306 - 10 troduced upon such new trial or hearing, and the respective parties shall be 11 at liberty to supplement the same by such further evidence as they may deem 12 necessary or proper and as may be competent and material and either party 13 shall be at liberty to subpoena and require the attendance of any witness at- 14 tending on the former trial for the purpose of further examination or eross- 15 examination. In case, after such new trial or hearing, either party shall 16 require the settlement and signature by the presiding judge of a report of the 17 proceedings, such report shall contain no portion of the evidence or other pro- 18 ceedings contained in the former report, but such former report shall, as a 19 matter of course, and without any order of court, be treated and considered as 20 a part of the record for the purposes of a subsequent appeal or writ of error. Sec. 452. EviDEiTCE in report or proceedings in trial by jury may be read 2 upon new trial.] Whenever, in any action at law or in equity tried by jury 3 in which the evidence introduced upon such trial is preserved in a report of the 4 proceedings settled and signed by the presiding judge, the judgment or decree 5 entered in such action is, upon appeal or writ of error, reversed and the cause 6 remanded for a new trial by jury, both parties to the action, whether such new 7 trial shall be by jury or without a jury, shall be at liberty to read from such 8 report of the proceedings of the former trial the testimony of any witness, 9 who testified upon such former trial in lieu of recalling and examining such VO witness. Sec. 453. Perpetuation or testimony.] In all cases hereafter, where any 2 person shall desire to perpetuate the remembrance of any fact, matter or thing, 3 which may relate to the boundaries or improvements of land — name or former 4 name of water courses — ^the name or former name of any portion or district 5 or county — regarding the ancient customs, laws and usages of the inhabitants 6 of any part of this country, so far as the same may relate to the future settle- 7 ment of the land claims, or touching the marriage or pedigree of any person 307 8 or persons, or any other matter or thing necessary to the security of any es- 9 tate, real, personal or mixed, or any private right whatever, it shall be 10 lawful for such person, upon filing a petition supported by affidavit, in the 11 circuit court of the proper county, setting forth, briefly and substantially, his 12 interest, claim or title La or to the subject concerning which he desires to per- 13 petuate evidence, the fact intended to be established, and the names of all 14 other persons interested or supposed to be interested therein, and whether 15 there are any persons interested therein whose names are unknown to the 16 petitioner, and the name of the witness proposed to be examined, to sue out 17 from such court a dedimus potestatem or commission, directed to any compe- ls tent and disinterested person as commissioner, or to any judge, commissioner 19 of deeds, master in chancery, notary public, clerk of a court, or justice of the 20 peace in the county in which such witness resides, or in which the testimony is 21 to be taken, authorizing him or them to take the deposition of such witness. Sec. 454. Petition to be docketed as action in eqtoty.] Such petition 2 shall be docketed by the clerk as other actions in equity, the petitioner being 3 designated as plaintiff, and the persons stated to be interested, as aforesaid, as 4 defendants — ^the parties whose names are unknown being designated as "un- 5 known owners." Sec. 455. Several commissions mat issue.] Several co mmi ssions may be 2 issued, upon the same petition, to different commissioners, or officers, either 3 within or without this State, to take the testimony of different witnesses, or 4 witnesses residing in different places, or the same commissioners or officers 5 may proceed from place to place to take the same. Sec. 456. Notice to parties ixterested.] Before taking the testimony of 2 a witness, the person suing out such commission shall give to each and every 3 person known to be interested in the subject matter of such testimony, or his 4 attorney, or, if a minor, his guardian, or, if he has no guardian, or if his 308 5 guardian is interested, to such guardian ad litem as shall be appointed by the 6 court, or to his or her conservator, if he or she has one, two weeks' notice, in 7 writing, of the time and place when and where the testimony will be taken, 8 which notice shall state when and where the petition was filed, the names of 9 the parties and witnesses mentioned in the petition, and a short statement of 10 the subject matter concerning which the testimony is to be taken. Sec. 457. Notice to non-eesident parties — unknown owners.] Notice to 2 non-resident parties, or such as cannot be found so as to be personally served, 3 and to unknown owners, may be given in the same manner as is provided for 4 notifying non-resident parties in suing out a commission to take testimony in 5 an action pending. Sec. 458. Court may prescribe notice.] When, in the opinion of the court, 2 no sufficient provision is made by law for giving notice to parties adversely 3 interested, the court may order such reasonable notice to be given as it shall 4 deem proper. Sec. 459. Persons interested may attend — cross7Examination, etc.] Ev- 2 ery person who may think himself interested in the subject of a deposition 3 about to be taken, may attend, by himself or his attorney, at the time and place 4 of taking such testimony, and may examine and cross-examine such deponent; 5 and all such questions as may be proposed, together with the answers thereto 6 by the witness, shall be reduced to writing in the English language, as near 7 as possible in the exact words of such deponent, which said questions and an- 8 swers, when reduced to writing as aforesaid, shall be distinctly read over to 9 the witness, and, if found to be correct, shall be signed by him in the presence of 10 the commissioner or officer before whom the same is taken, who shall there- 11 upon administer an oath or affirmation to such witness, as to the truth of the 12 deposition so taken as aforesaid, and shall annex at the foot thereof a certifi- 13 cate, subscribed by such commissioner or officer, stating that it was sworn to 309 14 and signed by the deponent, and the time and place when and where the same U5 was taken; and all such depositions, when thus taken, shall be carefully sealed 16 up, and transmitted to the clerk of the circuit court of the county from which 17 such dedimus shall have been issued, within thirty days from the tim« of tak- 18 ing the same; who shall thereupon enter the same at large upon the records in 19 his office, and shall certify on the back of such deposition that the same Jhas been 20 duly recorded, and return it to the person for whose benefit it shall have been 21 taken. Sec. 460. Depositions competext evideitce when.] All depositions taken 2 under the provisions of the seven preceding sections, or a certified copy of the 3 record thereof, may be used as evidence in any action to which the same may 4 relate, in the same manner and subject to the same conditions and objections 5 as if it had been originally taken in the action or proceedings in which it is 6 sought to be used; and parties notified as "unknown owners," in the manner 7 hereinbefore provided, shall be bound to the same extent as other parties. Sec. 461. Inteepreteks.] Interpreters may be sworn to truly interpret 2 when necessary. Sec. 462. Testimony taken by commissions of stjbveyors.J All tes.timony 2 that has been or may hereafter be taken by commissions of surveyors for the 3 establishing of original corners of land, shall be filed with their report to court, 4 and may be read as evidence in all actions in reference to said corners here- 5 after. See. 463. Proof op title of Illinois centeaIj railroad lands.] Whenever it 2 shall become necessary, in any legal proceeding, to prove the title of the Illinois 3 Central Railroad Company, or of the trustees of said railroad company, or of 4 any person claiming title through or under said company or trustees, to any 5 of the lands granted by the State to said railroad company under the provi- 310 6 sions of the Act incorporating said company, the record in the proper county 7 (or a transcript of such record, duly certified by the custodian thereof), of 8 the list purporting to contain the tracts of land selected by said railroad com- 9 pany in such county, and purporting to be certified by the commissioner of 10 the general land office as being a true abstract from the original list of selec- 11 tions by said company, shall be sufficient- prima facie evidence of title in the 12 said railroad or the trustees thereof, as the case may be, to the lands em- 13 braced in such list; and the record in the proper county (or a duly certified 14 copy thereof by the custodian of such record), of the map or profile of said 15 railroad or branches, shall be sufficient prima facie evidence of the line of 16 location of said railroad or its branches in such county. Sec. 464. Commission op tutjstees.] A copy of the commission issued by 2 the Governor or by the president of said railroad company to any successor 3 of any of the original trustees (or any of their successors) named in said Act 4 of incorporation, certified by the Secretary of State under the great seal of 5 the State, or by the commissioner of the land department of said railroad 6 company or its president, under the common seal of said company, as the 7 case may be, shall be sufficient prima facie evidence of the regular appoint- 8 ment and due authority of the person named as trustee in such commission. Sec. 465. Proof of execution of deed, etc.] Whenever any deed, mort- 2 gage, conveyance, release, power ,of attorney or other writing of, or relating 3 to the sale, conveyance or other disposition of real estate, or any interest 4 therein, or any other instrument in writing not required by law to be attested 5 by the subscribing witness, may be offered in evidence in any civil action pend- 6 ing in any court of law or equity in this State, and the same shall appear to 7 have been so attested, and it shall become necessary to prove the execution of 8 any such deed or other writing otherwise than as now provided by law, it shall 9 not be necessary to prove the execution of the same by a subscribing witness 311 10 to the exclusion of other evidence, but the execution of such instrument may 11 be proved by secondary evidence without producing or accounting for the 12 absence of the subscribing witness or witnesses. DIVISION XX\TI. INTEBVENTIONS IN ACTIONS AT LAW. Sectioi*. 466. For what purpose person may inter- vene. 467. Intervention for purpose of asserting interest in property in controversy — forms. 468. Notice of application — procedure — form. Section. 469. Trial of issues. 470. Separate trial may be granted. 471. Judgment. 472. Intervention to assert title to property levied on. 473. Notice — procedure — order — forms. Section 466. For what ptjkpose peeson may inteevene.] Any person not 2 a party to an action at law may intervene therein for the purpose of asserting 3 an interest in or title to the property, or some portion thereof, in controversy 4 therein, or which may have been seized or otherwise taken possession of under 5 any writ of attachment or distress warrant issued in such action, or by virtue of 6 any order of court entered therein or by any receiver appointed therein. Sec. 467. Inteevention for purpose of asseeting inteeest in property in 2 coNTEOVEBSY— FORMS.] When such intervention is for the purpose of asserting 3 an interest in or title to the property, or some portion thereof, in controversy in 4 such action at law, such intervention shall be accomplished by the filing in such 5 action, by leave of the court, of a statement of the intervener's claim, verified 6 by the affidavit of the intervener, his agent or attorney, that the claim is asserted 7 by him in good faith and that he believes the same to be well founded. Such 8 statement shall specify the court in which the action is pending, and the title, 312 9 classification and number of the action and shall set forth the plaintiff's claim, 10 describing the property claimed and the interest claimed by the intervener. The 11 following forms of statements of intervener 's claims and affidavits accompanying 12 the same under this section shall be deemed sufficient and shall be taken as fur- 13 nishing suggestions from which other statements and affidavits may be properly 14 framed : 15 1. Statement op intervener's claim in ejectment. 16 In the Circuit Court of Cook County, Illinois. 17 John Doe ] V. ^Ejectment. No. 24. 18 Richard Roe. J 19 Statement or Intervener's Claim. 20 Henry Thomas, of Cook county, Illinois, claims title in fee simple to Lot One 21 (1), in Block Two (2), in the city of Chicago, Illinois, in controversy in the above 22 entitled action and the right to recover the possession thereof, together with 23 five hundred. dollars ($500) for use and occupation from the defendant Richard 24 Roe. 25 Henry Thomas, 26 By William Smith, 27 His Attorney. 28 Henry Thomas on his oath says that the foregoing claim is asserted by him 29 in good faith and that he believes the same is well founded. 30 Henry Thomas. 31 Subscribed and sworn to before me this 10th day of February, 1908. 32 John Smith, Clerk. 33 2. Statement of intervener's claim in replevin. 34 In the Circuit Court op Cook County, Illinois. 35 John Doe 1 V. [-Replevin. No. 48. 36 Richard Roe. J 37 Statement op Intervener's Claim. 38 Henry Thomas, of Cook county, Illinois, claims he is the owner and is en- 39 titled to the possession of one bay horse with a white star in the fdrehead, being 313 40 a part of the property replevied and in controversy in the above entitled 41 action. 42 Henby Thomas, 43 By Wn.T.TAM Smith, 44 His Attorney. 45 (Here add affidavit as in first form.) 46 3. Claim of sheriff as intebvenek ix action of beplevix. 47 In the CiBCtnT Cottbt op Cook County, Iixjnois. 48 John Doe v. 49 Richard Roe. -Replevin. No. 48. 50 Statement op Intebveneb's Claim. 51 Henry Thomas, as sheriff of Cook county, Illinois, claims to be entitled to 52 the possession of the property in controversy in the above entitled action by 53 virtue of an execution issued out of said circuit court of Cook county and de- 54 livered to him on February 8, 1908, upon a judgment for eight hundred dollars 55 ($800) and costs of the action in favor of John Brown and against Richard Roe. 56 Henby Thomas, 57 By William Smith, 58 His Attorney. 59 (Here add affidavit as in first form.) 60 4. Intebveneb's claim in action on conteact. 61 In the Ciectjit Coubt of Cook County, Illinois. 62 John Doe V. 63 Richard Roe. -Contract. No. 26. 64 Statement of Intebveneb's Claim. 65 Henry Thomas, of Cook coimty, Illinois, claims to be the owner of and to 66 be entitled to recover from the defendant, Richard Roe, the amount of the prom- 67 issory note upon which the above entitled action is brought, to-wit: a promis- 68 sory note for the sum of five hundred dollars ($500), dated December 1, 1907, 69 made by said Richard Roe and* payable to the order of William Smith one year 70 after date with interest at six per cent, per annum and by said William Smith 71 indorsed. 72 Henby Thomas, 73 By William Smith, 74 His Attorney. 75 (Here add affidavit as in first form). 314 Sec. 468. Notice op application— procedure— form.] The party desiring 2 to intervene for the purpose aforesaid shall give to the other parties to the ao- 3 tion notice in writing of his application therefor, together with a copy of the 4 statement of claim and of the affidavit verifying the same proposed to be filed, 5 at least one day prior thereto, and, upon leave being granted by the court to file 6 the same and upon the same being filed, the statement of claim or other papers 7 filed by the plaintiff, and the specification of defense or defenses or other papers, 8 if any, filed by the defendant, shall stand and be treated as the specification or 9 specifications of defense or defenses of the plaintiff and the defendant respec- 10 tively, to said statement of intervener 's claim. The following form of notice 11 shall be deemed sufficient and shall be taken as furnishing suggestions from 12 which other notices may be properly framed: 13 In the Circitit CotrRT op Cook County, Illinois. 14 John Doe ] v. iReplevin. No. 48. 15 Richard Eoe.J 16 Notice of Intervention. 17 To the parties to the above entitled action: 18 You are hereby notified that at ten o'clock a. m., on Thursday, the 12th 19 day of February, 1908, I shall move the court, before Hon. John Jones, Judge, 20 for leave to file an intervener's claim, of which a copy is herewith served, in the 21 above entitled action. 22 Henry Thomas, 23 By William Smith, 24 ' His Attorney. Sec. 469. Trial op issues.] Unless otherwise ordered by the court the issues 2 upon such intervener's claim shall be tried with the other issues in the action, 3 by the court without a jury, if neither the plaintiff nor the defendant in the ac- 4 tion shall have filed a demand in writing of a trial by jury, or by a jury, if either 5 of said parties shall have filed such demand in writing of a trial by jury. 315 Sec. 470. Separate trial may be granted.] The court may, for good cause 2 shown, direct that the issues upon the statement of the intervener's claim be 3 tried separately from the trial of the issues between the plaintiff and the defend- 4 ant in the action. Sec. 471. Judgment.] Upon the determination of the issues upon such 2 statement of the intervener's claim, the court shall render such judgment in the 3 premises as the verdict of the jury or the finding of the court, as the case may 4 be, may require. Sec. 472. Intervention to assert title to property levied on.] When such 2 intervention is for the purpose of asserting an interest in or title to the property, 3 or some portion thereof, seized or otherwise taken possession of under any writ 4 of attachment or distress warrant issued in such action, or by virtue of any order 5 of court entered therein, or by any receiver appointed therein, such intervention 6 shall be accomplished by the filing in such action, by leave of court, of a petition 7 verified by affidavit of the petitioner, his agent or attorney, that the same is true 8 in substance and in fact. Such petition shall specify the court in which the action 9 is pending, and the title, classification and number of the action and shall set 10 forth a description of the property claimed and the interest in or title thereto 11 claimed by the intervener. The following form of petition shall be deemed suf- 12 ficient and shall be taken as furnishing suggestions . from which other petitions 13 may be properly framed : 14 In the Circuit Court op Cook County, Illinois. 15 John Doe "i V. lAttachment. No. 49. 16 Richard Eoe. J 17 Intervener's Petition. 18 The petitioner, Henry Thomas, of Cook county, Illinois, says that he is the 19 owner and entitled to the possession of one bay horse with a white star in the 316 20 forehead, which horse was levied upon by the sheriff under the writ of attach- 21 ment issued in the above entitled action and is now held by said sheriff under 22 said levy. 23 Wherefore petitioner prays for an order for the delivery of said horse to the 24 petitioner. 25 Henry Thomas, 26 By William Smith, 27 His Attorney. 28 Henry Thomas on his oath says that he is the petitioner in the foregoing 29 petition and that the matters and things therein set forth are true in substance and 80 in fact. 31 Heney Thomas. 32 Subscribed and sworn to before me this 10th day of February, 1908. 33 John Smith, Clerk. Sec. 473. Notice — procedure — order— forms.] The party desiring to file 2 such petition shall give to the other parties to the action notice in writing of his 3 application theyefor, together with a copy of the petition and of the affidavit 4 verifying the same proposed to be filed, at least one day prior thereto, and, "upon 5 leave being granted by the court to file the same, the court, if the facts set forth 6 in the petition are admitted by all the parties to the action, shall enter such order 7 as such facts may require, or, if the facts set forth in the petition are not ad- 8 mitted by all the parties to the action, shall proceed to hear the evidence offered 9 in support of and in opposition to such petition and shall make such order with 10 respect to the interest in or title to the property claimed by the intervener as the 11 facts found by the court may require: Provided, however, that if either of the 12 parties to the action shall have filed a demand in writing of a trial by jury, the 13 issues upon such petition may, at the election of such party, be tried by a jury. 14 The following forms of orders provided for in this section shall be deemed suf- 15 ficient and shall be taken as furnishing suggestions from which other orders may 16 be properly framed ; 317 17 1. Obder dismissing intekvening petition. 18 In the Circuit Court of Cook County, Illinois. 19 John Doe ] Attachment. No. 49. V. y February 17, 1908. 20 Eichard Roe. J Before Hon. John Jones, Judge. 21 This day the court, having jurisdiction of the subject-matter of tbis action 22 and of the intervener's petition herein and of the person of the defendant by ser- 23 vice of summons, hears the proofs upon the intervener's petition of Henry 24 Thomas in open court and thereupon, upon consideration thereof, the court doth 25 order that the said intervener's petition be and the same is hereby dismissed and 26 that the plaintiff have and recover of said Henry Thomas his costs herein to 27 be taxed. 28 2. Order granting relief upon intervener's petition. 29 In the Circuit Court of Cook County, Illinois. 30 John Doe [Attachment. No. 49. V. February 17, 1908. 31 Richard Roe. I Before Hon. John Jones, Judge. 32 This day the court, having jurisdiction of the subject matter of this action 33 and of the intervener's petition herein and of the person of the defendant by 34 service of summons, hears the proofs upon the intervener's petition of Henry 35 Thomas in open court and thereupon, upon consideration thereof, the court doth 36 order that said intervening petitioner , Henry Thomias, have and recover posses- 37 sion of the one bay horse with a white star in the forehead mentioned in the in- 38 tervener 's petition, and that the same be delivered to him by the sheriff of Cook 39 county, and that said intervener, Henry Thomas, have and recover of the plain- 40 tiff, John Doe, his costs of the action. 318 DIVISION XXVIII. GARNISHMENT. Section. 474. When garnishee may be summoned. 475. Appearance of garnishee — ^answers to interrogatories — forms. 476. Citation to garn,ishee — proceedings thereon. 477. Action against garnishee. 478. Judgment on answer of garnishee — form. 479. Default against garnishee — judgment - — form. 480. Appearance of or notice to third per- son — form. 481. Default of person notified — appear- ance — form. 482. What garnishee may retain. 483. When garnishee not liable on negoti- able instrument. 484. To what extent judgment will acquit garnishee. 485. Discharge of garnishee no bar. Section. 486. Proceeding against executor — etc., of garnishee. 487. No execution against garnishee until debt due. 488. Garnishee to deliver goods to sheriff — application of proceeds. 489. Procedure as to property pledged. 490. Property held as security other than for payment of money. 491. Disposition of goods and chattels by officer. 492. Power of court as to property in hands of the garnishee. 493. Procedure when garnishee refuses to deliver goods, etc. 494. Garnishee may receive goods in pay- ment when. 495. Costs — how paid — garnishee's fees. 496. Forms of orders and judgments. Sec. 474. When garnishee may be summoned.] When the plaintiff in any 2 action of attachment shail belic-A'e that any person or corporation is indebted to 3 the defendant, or has any effects or estate of such defendant in his possession, 4 custody or charge, the plaintiff may cause such person or corporation to be sum- 5 moned as a garnishee in the manner hereinbefore provided. Sec. 475. Appearance op garnishee— answebs to interrogatories— form.] 2 When any person is summoned as a garnishee he shall file his appearance m the 3 action on or before the Thursday succeeding the day specified in this act for his 4 appearance and shall file with his appearance full, direct and true answers under 5 oath to all and singular the interrogatories filed by the plaintiff and shall de- 6 liver or cause to be delivered a copy of such appearance and of his answers to 7 such interrogatories to the plaintiff, ov the plaintiff's attorney, and also a copy 319 8 to the defendant, or the defendant's attorney, if the defendant shall have entered 9 his appearance in the action. Such appearance and answers to interrogatories 10 may be in substantially the following form: 11 In the CiRCxnT Cox'bt of Cook Coltntt, Illinois. 12 John Doe I V. J-Attachment. Xo. 25. 13 Kichard Eoe. J 14 Entry of Appearance of Garnishee. 15 Henry Jones, as garnishee in the above entitled action, hereby enters his ap- 16 pearance and presents his answers to the interrogatories herein. 17 Hf.nby Jones, 18 By William Smith, 19 Garnishee's Attorney, 20 19 Monroe Street, Chicago, HI. 21 Answers to Interrogatories. 22 Henry Jones, the garnishee in the above entitled action, makes the following 23 answers to the interrogatories filed herein: 24 1. (Here insert answer to interrogatory No. 1 and thereafter consecu- 2-5 tively the answer to each subsequent interrogatory.) 26 Henry Jones upon his oath says that the foregoing answers made by him 27 to the interrogatories filed herein by the plaintiff to be answered by him, the said 28 Henry Jones, as garnishee, are true in substance and in fact. 29 Henry Jones. 30 Subscribed and sworn to before me this 25th day of February, 1908. 31 John Smith, Clerk. Sec. 476. Citation to garnishee — proceedings theeeon.] When any gar- 2 nishee, having been duly served with the garnishee summons and a copy of 3 the interrogatories, fails to file his appearance, together with an answer to 4 such interrogatories, on or before the day specified therefor in this act, or when, 5 upon the filing by such garnishee of his appearance, together with his answers to 5 the interrogatories, the plaintiff is of the opinion that such garnishee has not 7 truly discovered the lands, tenements, goods, chattels, moneys, choses in action, 8 credits and effects of the defendant in the attachment, the plaintiff in the attach- 320 9 ment may, after he shall have obtained a judgment in such action against the de- 10 fendant, apply by petition to the court for and obtain a citation to such garnishee 11 requiring him to appear before the court, or before some officer thereof, at a 12 time and place to be specified in such citation, and be examined under oath con- 13 concerning such debtor's property, and thereupon such proceedings may be had, 14 as near as may be, as are hereinafter provided with respect to a citation to a 15 person other than the judgment debtor issued in a supplementary proceeding 16 after the entry of a judgment and upon the return, wholly or partly unsatisfied, 17 of an execution issued thereon. The petition for a citation and the citation pro- 18 vided for in this section may be in substantially the following form : 19 1. Petition for citation to gabnishee. 20 In the Circuit Court of Cook County, Illinois. 21 John Doe "| V. [Attachment. No. 25. 22 Richard Roe. J 23 Petition for Citation to Garnishee. 24 The plaintiff says: 25 1. That on the 10th day of February, 1908, he recovered a judgment 26 against the defendant in said circuit court in the above entitled action for the 27 sum of five hundred dollars ($500), together with costs of the action taxed at 28 eight dollars ($8). 29 2. That the amount due plaintiff on said judgment, exclusive of interest 30 and costs, is five hundred dollars ($500). 31 3. That Henry Jones, the garnishee herein, did, on the 25th day of Feb- 32 ruary, 1908, as such garnishee, file his answers to the interrogatories herein. 33 4. That plaintiff is of the opinion that said garnishee, Henry Jones, has 34 not truly discovered the lands, tenements, goods, chattels, money, choses in ae- 35 tion, credits and effects of the defendant in this action. 36 Wherefore plaintiff prays for a citation to said garnishee, Henry Jones, re- 37 quiring his appearance for examination at ten o'clock a. m. on Tuesday, the first 38 day of June, 1908. 39 John Doe, 40 By Thomas Jones, 41 Plaintiff's Attorney. 321 42 John Doe on Ms oath says that he is the plaintiff in the above petition, that 43 he has read the same and knows the contents thereof and that the matters and 44 things therein alleged are true in substance and iu fact. 45 John Doe. 46 Subscribed and sworn to before me this 25th day of May, 1908. 47 John Smith, Cleric. 48 2. Citation to garnishee. 49 In the CntouiT Cotjet of Cook Cottsty, Illinois. 50 John Doe V. I Attachment. No. 25. 51 Richard Eoe. J 52 Citation to Garnishee. 53 The People of the State of Ulinois— Greeting to Henry Jones : 54 We hereby command you to personally be and appear before the circuit 55 court of Cook county, Ulinois, at the county Icourt-house, in Chicago, in said 56 county, at ten o'clock a. m., on Tuesday, the first day of June, 1908^- to be ex- 57 amined under oath as garnishee in an action of attachment wherein John Doe 58 is plaintiff and Richard Roe is defendant, concerning the lands, tenements, 59 goods, chattels, moneys, choses in action, credits and effects of said Richard 60 Roe, which may be in your possession, custody or charge. 61 Witness John Smith, derk of said circuit court and the seal thereof, at 62 Chicago, Illinois, this 25th day of May, 1908. 63 JcHN Smith, Cleric. Sec. 477. Action^ against garnishee.] The plaintiff in the action of attach- 2 ment shall also have the right, in lieu of procuring r citation as provided in 3 this section, in case he shall be of opinion that the garnishee is indebted to the 4 defendant in the attachment in a sum exceeding the amount exempt by law from 5 garnishment, to cause an action to be instituted in the name of the defendant 6 in the action of attachment, as plaintiff, for the use of the plaintiff in the at- 7 tachment action against such garnishee, as defendant, for the recovery of such 8 indebtedness. But no such citation shall be issued against the garnishee until 9 the plaintiff in the action of attachment shall first have obtained judgment 10 against the defendant in such action of attachment. 322 Sec. 478. Judgment on answee of, garnishee — fokm.J When it shall ap- 2 pear from the answer of any garnishee that he is indebted to the defendant in 3 the action of attachment the plaintiff in the action of attachment may cause judg- 4 ment to be entered in the name of the defendant in the attachment for the use 5 of the plaintiff in the attachment and against such garnishee for the amount 6 of the indebtedness so disclosed, but no such judgment shall be entered until the 7 plaintiff in the action of attachment shall first have obtained judgment in such 8 action against the defendant. Such judgment may be in substantially the foUow- 9 ing form: 10 In the Circuit Court of Cook Countt, Illinois. 11 John Doe ] Attachment. No. 27. V. I June 2, 1908. 12 Eichard Eoe.J Before Hon. John Jones, Judge. 13 This day the court, having jurisdiction of the subject-matter of this action 14 and of the person of the defendant by service of summons and the appearance 15 of the defendant, and of the person of the garnishee, Henry Jones, by service 16 of garnishee summons and the appearance of said garnishee, it is considered by 17 the court in accordance with, the answer of said garnishee, that the defendant, 18 Eichard Eoe, for the use of the plaintiff, John Doe, have and recover of the 19 garnishee, Henry Jones, the sum of two hundred dollars ($200), less the costs 20 of the said garnishee, Henry Jones, to be taxed herein by the clerk, the amount 21 so recovered, when paid, to be applied upon the judgment herein in favor of 22 the plaintiff and against the defendant, so far as may be necessary for the pay- 23 ment of the said judgment and the balance, if any, to be paid to the defendant, 24 Eichard Eoe, 25 note. 26 In case the judgment of an intervener is to be paid out of the amount paid 27 by the garnishee, the foregoing form may be changed so that after the words "to 28 be applied" it will read as follows: "first, upon the judgment herein in favor of 29 the plaintiff and against the defendant; second, upon the judgment in favor of 30 the intervener, George Thomas, and third, the balance, if any, to the defendant." 31 In case the amount paid by the garnishee is to be divided pro rata among 32 a number of judgment creditors or other claimants, said form may be varied 33 from accordingly. 323 Sec. 479. Default against garnishee— judgment — form.] When any gar- 2 nishee, having been duly served with a garnishee summons and a copy of the 3 interrogatories, fails to file his appearance together with an answer to such in- 4 terrogatories on or before the day specified therefor in this act the plaintiff, in 5 lieu of applying to the court for a citation as hereinbefore provided to such gar- 6 nishee, shall be entitled, at his election, to the entry of a default against such 7 garnishee. Upon such defaidt being entered the court shall hear the evidence 8 offered by the plaintiff and enter judgment against the garnishee for such 9 amount, if any, as may appear from the evidence to be due from such garnishee 10 to the defendant in the attachment, but no such judgment shall be entered until 11 the plaintiff in the action of attachment shall first have obtained judgment in 12 such action against the defendant. The moneys collected upon any such judg- 13 ment shall be applied, first, to the payment of the costs and expenses of the ac- 14 tion, including attorney's fees; second, to the payment of the judgment in favor 15 of the plaintiff; third, to the payment of the judgments of intervening creditors, 16 if any; and fourth, the balance to the defendant: Provided, however, that when, 17 in accordance with the provisions of this act, there are several judgment credit- 18 ors entitled to participate pro rata in the moneys so collected the same, after 19 the payment of the costs and expenses of the action, including attorney's fees, 20 shall be divided accordingly. Such judgment may be in substantially the follow- 21 ing form : 22 In the Cikcuit Court op Cook CouStt, Illinois. 23 John Doe : Attachment. No. 27. v. [ June 21, 1908. 24 EichardEoe.J Before Hon. John Jones, Judge. 25 This day the court, having jurisdiction of the subject-matter of this action 26 and of the person of the defendant by service of summons and the appearance 27 of the defendant and of the person of the garnishee, Henry Jones, by service 28 of the garnishee summons, and the said garnishee, Henry Jones, having been 29 defaulted and the damages having been duly assessed by the court, it is consid- 30 ered by the court in accordance with such default and assessment of damages 324 31 that the defendant, Eichard Roe, for the use of the plaintiff, John Doe, Uave and 32 recover of said Henry Jones, garnishee, the sum of five hundred dollars ($500), 33 the amount so recovered, when paid, to be applied, first, to the payment of the 34 costs and expenses of the proceedings against the said garnishee, including at- 35 torney's fees, which costs and expenses, including attorney's fees, are taxed at 36 twenty-five dollars ($25) ; second, to the payment of the judgment in favor of 37 the plaintiff and against the defendant herein; third, to the payment of the judg- 38 ment of the intervener, George Thomas, and fourth, the balance to the defendant. 39 NOTE. 40 When there is no judgment in favor of an intervener or when there is re- 41 quired to be a pro rata distribution of the moneys collected among several judg- 42 ment creditors, said form may be varied from accordingly. Sec. 480. Appeabance of or notice to third person — form.] If it shall ap- 2 pear to the court that any goods, chattels, choses in action, credits or effects in the 3 hands of a garnishee in any action of attachment are claimed by any other person 4 by force of an assignment from the defendant or otherwise, the court, if such per- 5 son voluntarily appears, shall permit him to intervene in the action and main- 6 tain his right to such goods, chattels, choses in action, credits or effects. If such 7 person does not voluntarily appear, either party may cause notice to be served 8 upon such person to appear and intervene in the action and assert his claim. 9 Such notice shall specify the court in which the action is pending, the title, classi- 10 fication and number of the action and shall notify such person to appear on 11 some Monday not less than five nor more than twenty days after the date of the 12 notice and shall set forth a description of the property in the hands of the garn- 13 ishee. It shall be served upon such person in the manner in this act provided for 14 the service of a summons at least five days prior to the day fixed therein for 15 the appearance of such person. Such notice may be in substantially the foUow- 16 ing form : 325 17 In the Circuit Cottet of Cook County, Illinois. 18 John Doe i V. lAttaehmeiit. No. 25. 19 Richard Eoe. J 20 Notice to Appeab and Assert Claim. 21 To George Thomas: 22 You are hereby notified to appear in person or by attorney before the cir- 23 cuit court of Cook county, Illinois, at the county court house in Chicago in said 24 county, on Monday, the 25th day of March, 1908, and assert whatever claim you 25 may have to certain property ia the hands of Henry Jones, garnishee ia the 26 above entitled action, to-wit: a promisory note for the sum of five hundred dol- 27 lars ($500), dated December 1, 1906, made by WDIiam Smith and payable to 28 the order of the defendant, Richard Roe, one year after date with interest at six 29 per cent, per annum and by said defendant, Richard Roe, endorsed. 30 John Doe, 31 By William Smith, 32 Plaintiff's Attorney. Sec. 481. Default of pebson notified — appeabance — foem.] If the person 2 so notified fails to appear after having been served with the notice provided for 3 in the preceding section a default may be entered against him and he shall there- 4 by be concluded by the judgment ia regard to his claim. If the person so noti- 5 fied appears he shall file his appearance in writing, together with a statement of 6 his claim, and such claim shall be determined with tiio other issues in ihe action 7 in such manner as ^ho court may direct. K such notice is served five days or more 8 piior to the day fixed therein for the appearance of such person, he shall be bound 9 to enter his appearance on or before the Thursday succeeding such day, but if 10 such notice is served less than five days prior to the day fixed for his appearance 11 he shall not be bound to enter his appearance untU on or before the first Monday 12 succeeding the day so fixed. The appearance and statement of c:laim in this sec- 13 tion provided for may l>e in substantially the following form : 326 14 In the Cibcxjit Coubt of Cook County, Illinois. 15 John Doe ] V. ^Attachment. No. 25. 16 Eichard Eoe.J 17 Appbabancb of Intebveneb. 18 George Thomas hereby enters his appearance as intervener herein. 19 Geobge Thomas, 20 By James Brow>j, 21 n.i'i Attorney. 22 927 Manadnock Bldg., Chicago. 24 Statement of Intebvenee's Claim. 25 George Thomas, of Cook county, Illinois, claims he is the owner of and is 26 entitled to recover possession of the following property in the hands of Henry 27 Jones, garnishee in the above entitled action, to-wit: a promissory note for the 28 sum of five hundred dollars ($500) dated December 1, 1906, made by William 29 Smith, and payable to the order of the defnedant, Richard Roe, one year after 30 date with interest at six per cent per annum and by the defendant, Richard Roe, 31 indorsed. 32 Geobge Thomas, 33 By James Beown, 34 Eis Attorney. 35 George Thomas on his oath says that the foregoing claim is asserted by him 36 in good faith and that he believes the same is well founded. 37 Geobge Thomas. 38 Subscribed and sworn to before me this 25th day of March, 1908. ^" John Smith, Clerk. Sec. 482. What garnishee may retain,] Every garnishee shall be allowed 2 to retain or deduct out of the property, effects or credits in his hands all de- 3 mands against the plaintiff and all demands against the defendant of which he 4 could have availed himself if he had not been summoned as garnishee, whether 5 the same are at the time due or not, and whether by way of set-off on a trial or 6 by the set-off of judgments or executions between himself and the plaintiff and 7 defendant severally, and he shall be liable for the balance only after all mutual 8 demands between himself and the plaintiff and the defendant are adjusted not in- 327 9 eluding unliquidated damages for wrongs and injuries : Provided, that the ver- 10 diet or finding as well as the record of the judgment shall show in all cases 11 against which party any set-off shall be allowed, if any such shaU be allowed, 12 and the amount thereof. Sec. 83. When gabnishee not liable on negotiable instbtiment.J No per- 2 son shall be liable as a g^^rnishee by reason of having drawn, accepted, made or 3 endorsed any negotiable instrument, when the same is not due, in the hands of 4 the defendant at the time of service of the garnishee summons or the rendition 5 of the judgment. Sec. 484. To what extent judgment will acquit garnishee.] The judg- 2 ment against a garnishee shall acquit him from all Jemands by tie defendant 3 for all goods, effects and credits paid, delivered or accounted for by the gar- 4 ishee by force of such judgment. Sec. 485. Dischakge of garnishee no bae.] If any person summoned as 2 garnishee is discharged the judgment shall be no bar to an action brought 3 against him by the defendant for the same demand. Sec. 486. Phoceeding against executor, etc., of garnishee.] In case cf the 2 death of a person served as garnishee his executor or administrator may be 3 made a party and notified, unless his appearance is entered as in the case of the 4 death of a defendant, and the action may proceed against him as personal repre- 5 s*uuttive of the de'ji nscJ. ') _ Sec. 487. No execution against garnishee until debt due.] When the judg- 2 ment is rendered against any garnishee and it shall appear that the debt due him 3 from the defendant is not yet due, execution shall not issue against him until 4 twenty days after the same shall become due, unless the party asking the same 5 or his agent shall make oath that he believes the debt will be lost unless execution 328 6 issue forthwitib, in which case execution shall issue as soon as said debt to de- 7 f endant is due ; but no sale of property under such execution shall take place 8 until after the expiration of twenty days after the date of judgment. Sec. 488. Gabnishee to deliver goods to shekife— application of proceeds,] 2' When any garnishee has any goods, chattels, choses in action or effects other than 3 money belonging to the defendant, or which he is bound to deliver to him, he 4 shall deliver the same or so much thereof as may be necessary to tho officer who 5 shall hold the execution in favor of the plaintiff in the attachment action and the 6 same shall be sold by the officer and the proceeds applied and accounted for in 7 the same manner as other goods and chattels taken on execution. Sec. 489. Peoceduke AS to pk.opeb.ty pledged.] When it shall appear that 2 such goods, chattels, choses in action or effects in the hands of a garnishee are 3 mortgaged or pledged or in any way liable for the payment of a debt to him the 5 plaintiff may be allowed, under an order of the court for that purpose, to pay or 6 tender the amount due to the garnishee and he shall thereupon deliver the goods, 7 chattels, choses in action and effects, in the manner hereinbefore provided, to 8 the officer who holds the execution. Sec. 490. Property held as security other than for payment of money.] 2 If the goods, chattels, choses in action or effects are held for any purpose other 3 than to secure the payment of money, and if the contract, condition or other 4 thing to be performed is such as can be performed by the plaintiff without dam- 5 age to the other parties, the court may make an order for the performance there- 6 of by him. Upon such performance or tender the garnishee shall deliver the 7 goods, chattels, and effects in the manner before provided to the officer who 8 holds the execution. Sec. 491. Disposition of goods and chattels by officer.] All goods, chat- 2 tels, choses in action and effects received by the officer under either of the two 329 3 preceding sections shall be sold and disposed of in the same manner as if they 4 had been taken on an execution in any other matter, except that from the pro- 5 ceeds of the sale the officer shall repay the plaintiff the amount paid by him to the 6 garnishee for the redemption of the same with costs thereon, or shall indemnify 7 the plaintiff for any other act or thing by him done or performed pursuant to 8 the order of the court for the redemption of the same. Sec. 492. Power of cotjut as to propebty in hands op gabnishee.] When it 2 shall appear that any garnishee has in his hands or under his control any goods, 3 chattels, choses in action or effects belonging to or which he is bound to deliver 4 to the defendant with or without condition, the court may make any and all proper 5 orders in regard to the delivery thereof to the proper officer and the sale or 6 disposition of the same and the discharging of any lien thereon and may author- 7 ize the garnishee to sell any such property or collect any choses in action and 8 account for the proceeds thereof; or the court may appoint a receiver to take 9 possession of and sell, collect or otherwise dispose of the same and make aU ord- 10 ers in regard thereto which may be necessary or equitable between the parties. Sec. 493. Procedtjbb when gabnishee refuses to deuveb goods, etc.] If 2 any garnishee refuses or neglects to deliver any goods, chattels, choses in action 3 or effects in his hands when thereto lawfully required by the court or officer hav- 4 ing any execution upon which the same may be received, he shall be liable to be 5 attached and punished as for a contempt, or the court may enter up judgment for 6 the amount of the plaintiff's judgment arid award execution thereon against the 7 garnishee. Sec. 494. Gabnishee may receive goods in payment when.] Nothing con- 2 tained in this act shall prevent the garnishee from receiving any goods, chattels, 3 choses in action or effects in his hands for the payment of any demand for which 4 they are mortgaged, pledged or otherwise liable at any time before the amount 330 5 due to him is paid or tendered, if sucli sale would be authorized as between him 6 and the defendant. Sec. 495. Costs — how paid — garnishee's pees.J The court may order the 2 costs of the proceeding in any garnishment to be paid T>y the plaintiff, or out of 3 the effects or credits garnished, or by the garnishee, or may apportion the 4 same as shall appear to be just and equitable. The garnishee shall be entitled 5 to fees the same as a witness before the same courts in a civil action. Sec. 496. Forms op orders and judgments.] The following forms of orders 2 and judgments in garnishee proceedings shall be deemed sufficient and shall be 3 taken as furnishing suggestions from which other orders and judgments in such 4 proceedings may be properly framed: 5 1. Judgment in favor of intervener for property in hands of garnishee. 6 In the Circuit Court of Cook County, Illinois. 7- John Doe l Attachment. No. 25. V. I March 25, 1908. 8 Richard Roe. J Before Hon. John Jones, Judge. 9 This day the court, having jurisdiction of the subject matter of this action 10 and of the person of the defendant by service of summons and the appearance 11 of the defendant and of the person of the garnishee, Henry Jones, by service 12 of garnishee summons and the appearance of said garnishee, it is considered by 13 the court, in accordance with the finding of the court herein, that the intervener, 14 George Thomas, recover from the said garnishee, Henry Jones, the following 15' promissory note, to-wit: a promissory note for the sum of five hundred dollars 16 ($500), dated December 1, 1906, made by William Smith and payable to the or- 17 der of the defendant Richard Roe one year after date with interest at six per 18 cent per annum and by said defendant Richard Roe indorsed, and that said 19 garnishee, Henry Jones, deliver said promissory note to said intervener, George 20 Thomas. 331 21 2. Judgment against inteeveneb and fob plaintiff fob peopebtt in the 22 HANDS OF garnishee. 23 In the CiEcinT Couet of Cook County, Illinois. 24 John Doe | Attachment. No. 27. V. ^ March 25, 1908. 25 Richard Eoe.J Before Hon. John Jones, Judge. 26 This day the court, having jurisdiction of the subject matter of this action 27 and of the person of the defendant by service of summons and the appearance 28 of the defendant and of the person of the garnishee, Henry Jones, by service 29 of the garnishee summons and the appearance of said garnishee, and of the 30 person of the intervener, George Jones, by his appearance herein, it is consid- 31 ered by the court, in accordance with the finding of the court herein, that said 32 garnishee, Henry Jones, deliver to the sheriff the following promissory note, 33 to-wit: a promissory note for the sum of five hundred dollars ($500), dated 34 December 1, 1906, made by William Smith and payable to the order of the de- 35 fendant, Richard Roe, one year after date, with interest at six per cent per 36 annum, and by said defendant, Richard Roe, indorsed, the same to be collected 37 by said sheriff and the proceeds thereof, when collected, to be applied, first, to 38 the payment of the costs and expenses of the proceedings against the garnishee 39 and the intervener herein, including attorney's fees, which costs and expenses, 40 including attorney's fees, are taxed at twenty-five dollars ($25); second, to the 41 payment of the judgment herein in favor of the plaintiff and against the defend- 42 ant, so far as may be necessary for the payment of the said judgment; and 43 third, the balance, if any, to be paid to the defendant, Richard Roe. 44 3. Judgment against thibd pebson not appearing and in favoe of the 45 plaintiff fob peopeett in the hands of the garnishee. 46 In the Circuit Coubt of Cook County, Illinois. 47 John Doe "1 Attachment. No. 27. v. \ March 25, 1908. 48 Richard Roe. J Before Hon. John Jones, Judge. 49 This day the court, having jurisdiction of the subject matter of this action 50 and of the person of the defendant by service of summons and the appearance 51 of the defendant and of the person of the garnishee, Henry Jones, by service 52 of the garnishee summons and the appearance of said garnishee and of the 53 person of George Jones by personal service of notice herein, it is considered by 54 the court, in accordance with the finding of the court herein, that said garnishee, 55 Henry Jones, deliver to the sheriff the following promissory note, to-wit : a 332 :M promissory note for the sum of five hundred dollars ($500), dated December 1, 57 1906, made by William Smith and payable to the order of said defendant, Rich- 58 ard Roe, one year after date with interest at six per cent per annum, and by said 59 defendant, Richard Roe, indorsed, the same to be collected by said sheriif and 60 applied upon the judgment herein in favor of the plaintiff and against the die- 61 fendant, so far as may be necessary for the payment of said judgment, and the 62 balance, if any, to be paid to the defendant, Richard Roe. ■63 4. Judgment allowing set-off to garnishee against defendant for de- 64 mands not due. 65 In the Circuit Court of Cook County, Illinois. 66 John Doe ] Attachment. No. 27. V. [ March 25, 1908. 67 Richard Roe. J Before Hon. John Jones, Judge. 68 This day the court, having jurisdiction of the subject matter of this action 69 and of the person of the defendant by service of summons and the appearance 70 of the defendant, and of the person of the garnishee, Henry Jones, by service 71 of garnishee summons and the appearance of said garnishee, it is considered by 72 the court, in accordance with the answer of said garnishee, that the defendant, 73 Richard Roe, for the use of the plaintiff, John Doe, have and recover of the 74 said garnishee, Henry Jones, the sum of two hundred dollars ($200), less the 75 costs of the said garnishee, Henry Jones, to be taxed herein by the clerk and 76 tess also the sum of fifty dollars ($50) upon a demand of said Henry Jones 77 against said Richard Roe to be due on the first day of July, 1908, the amount 78 so recovered, when paid, to be applied upon the judgment herein in favor of 79 the plaintiff and against the defendant, so far as may be necessary for the pay- 80 ment of said judgment and the balance, if any, to be paid to the defendant, Rich- 81 ard Roe. 82 5. Judgment allowing set-off to garnishee against defendant for de- 83 mands due and against plaintiff for demands not due. 84 In the Circuit Court of Cook County, Illinois, 65 John Doe ") Attachment. No. 27. V. [ March 25, 1908. 86 Richard Roe. J Before Hon. John Jones, Judge. 87 This day the court, having jurisdiction of the subject matter of this action 88 and of the person of the defendant by service of summons and the appearance 89 of the defendant and of the person of the garnishee, Henry Jones, by "service 90 of garnishee summons and the appearance of said garnishee, it is considered by 333 91 the court, in accordance with the finding of the court herein, that the defendant, 92 Richard Roe, for the use of the plaintiff, John Doe, have and recover of the said 93 garnishee, Henry Jones, the sum of two hundred dollars ($200), less the costs 94 of said garnishee, Henry Jones, to he taxed hy the clerk, less also the sum of 95 fifty dollars ($50) due as a set-off to said Henry Jones from said Richard Roe 96 and less also the sum of fifty dollars ($50) upon a demand of said Henry 97 Jones against the plaintiff, John Doe, to be due on July 1, 1910, the amount so 98 recovered, when paid, together with said sum of fifty dollars ($50) to be due said 99 Henry Jones from said plaintiff, John Doe, July 1, 1910, to be applied upoii the 100 judgment herein in favor of the plaintiff and against the defendant so far as 101 may be necessary for the payment of the said judgment and the balance, if any, 102 to be paid to the defendant, Richard Roe. 103 6. Judgment against garnishee fob debt not due and stay of execution. 104 In the Cibcuit Court of Cook County, Ilunois. 105 John Doe ] Attachment. No. 27. V. r March 25, 1908. 106 Richard Roe. J Before Hon. John Jones, Judge. 107 This day the court, having jurisdiction of the subject matter of this action 108 and of the person of the defendant by service of summons and of his appearance 109 herein, and of the person of the garnishee, Henry Jones, by service of garnishee 110 summons, and his appearance herein, it is considered by the court, in accordance 111 with the finding of the court herein, that the defendant, Richard Roe, for the use 112 of the plaintiff, John Doe, have and recover of said Henry Jones, garnishee, the 113 sum of five hundred dollars ($500) to be due July 1, 1908, the amount so recovered, 114 when paid, to be applied, first, to the payment of the costs and expenses of the 115 proceedings against the garnishee, including attorney's fees, which costs and ex- 116 penses, including attorney's fees, are taxed at twenty-five dollars ($25) ; second, 117 to the payment of the judgment in favor of the plaintiff and against the defend- 118 ant herein; third, to the payment of the judgment of the intervener, George 119 Thomas, and fourth, the balance, if any, to the defendant, and that execution on 120 said judgment against said garnishee be stayed until July 21, 1908. 121 7. Obdeb directing garnishee to deijveb pbopebtt to sheriff to be sold. 122 In the Circuit Coubt of Cook Countt, Illinois. 123 John Doe V. 124 Richard Roe. J Attachment. No. 27. March 25, 1908. Before Hon. John Jones, Judge. 125 This day the court, having jurisdiction of the subject matter of this action 126 and of the person of the defendant by service of summons and his appearance 334 127 herein and of the person of the garnishee, Henry Jones, by service of garnishee 128 summons and his appearance herein, it is considered by the court, in accordance 129 with the finding of the court herein, that said garnishee, Henry Jones, deliver to 130 the sheriff of Cook county the following described property, to-wit: one black 131 and white cow and one bay horse with a white star in the forehead, the said 132 property to be sold by the sheriff and the proceeds thereof to be applied, first, 133 to the payment of the costs and expenses of the proceedings against the gar- 134 nishee, including attorney's fees, which costs and expenses, including attorney's 135 fees, are taxed at twenty-five dollars ($25) ; second, to the payment of the judg- 136 ment in favor of the plaintiff and against the defendant herein; third, to the 137 payment of the judgment of the intervener, George Thomas, and fourth, the bal- 138 ance to the defendant. 139 8. Oedeb allowing plaintiff to tender to garnishee amount due garnishee 140 AND for delivery OP PROPERTY BY GARNISHEE TO SHERIFF. 141 In THE Circuit Court of Cook County, Illinois. 142 John Doe "1 Attachment. No. 25. V. [• March 25, 1908. 143 Richard Eoe.J Before Hon. John Jones, Judge. 144 This day the court, having jurisdiction of the subject matter of this action 145 and of the person of the defendant by service of summons and his appearance 146 herein and of the person of the garnishee, Henry Jones, by service of gar- 147 nishee summons and his appearance herein, it is considered by the court, in ac- 148 cordance with the finding of the court, that upon the payment or tender by the 149 plaintiff to said garnishee, Henry Jones, of the sum of twenty-five dollars ($25) 150 said Henry Jones, garnishee, deliver to the sheriff of Cook county the following 151 described property, to-wit: one black and white cow and one bay horse with a 152 white star in the forehead, the same to be sold by said sheriff and the proceeds 153 thereof applied, first, to the payment to the plaintiff of the twenty-five dollars 153 ($25) aforesaid; second, to the payment of the costs and expenses of the pro- 155 ceedings against the garnishee, including attorney's fees, which costs and ex- 156 penses, including attorney's fees, are taxed at twenty-five dollars ($25) ; third, 157 to the payment of the judgment in favor of the plaintiff and against the defend- 158 ant herein; fourth, to the payment of the judgment of the intervener, George 159 Thomas, and fifth, the balance, if any, to the defendant. 335 DIVISION XXIX. PROVISIONS ESPECTAT.T.Y APPLICABL.E TO THE TRLtVL AND DISPOSITION OF ACTIONS AT LAW. Section. 497. Procedure when only part of defend- ants served — form of summons. 498. Attachment in aid against party not previously served. 499. Judgment against part of joint debtors no bar to action against others. 500. Judgment in action to revive judgment. 501. Procedure in actions of attachment. 502. Procedure in actions of attachment of water craft 503. Procedure in actions of replevin. 504. Procedure in trials of right of propert)'. 505. Procedure in actions of forcible detainer. 506. Procedure in actions of distress for rent. 507. Affidavit of claim and affidavit of mer- its. 508. When plaintiff may take judgment as to part and prosecute as to residue. 509. Affidavits of claim and merits to present all issues. 510. Matters not necessary to be proven un- less proof expressly demanded. 511. Demand not allowed unless, etc. 512. Determination of point of law at or be- fore trial. 513. When judgment of court may be taken as to effect of undisputed facts. 514. Evidence to be limited to disputed facts. 515. Immediate trial for defendant about to depart state or non-resident. 516. Setting case for trial for non-resident of county. 517. Equitable relief in actions at law. 518. Adjustment of rights and liabilities of judgment defendants. 519. Adjustment not to affect rights of plain- tiff. 520. Consolidation of actions. 521. References to masters. 522. Proof of matters of defense occuring after filing specification of defense. 523. Postponements of trials. Section. 524. Jury trial to be demanded when. 525. Jury trial mandatory in capital and penitentiary cases. 526. Waiver of jury in misdemeanor and quasi criminal actions. 527. Jury to be interrogated before impanel- ing. 528. Challenges of jurors. 529. Examination of jurors at trial — review on appeal or error. 530. Jurors to be judges of facts, or law and facts, when — oath. 531. Jurors may take notes of evidence when — :inspection of premises, etc. 532. Order of argument to jury. 533. Expression of opinion by attorney in criminal action prohibited — penalty. 534. Denunciation and abuse of parties and witnesses prohibited — ^penalty. 535. Charging the jury — oral charge — re- quests to charge — objections to be pointed out — additional charge — ^writ- ten instructions. 536. Procedure on motion to direct verdict. 537. Court may order non-suit when. 538. Verdict — reducing to form. 539. General and special verdict. 540. Separation of jurors before retirement discretionary — treatment of jurors when kept together. 541. Oath to officer attending jury unneces- sary. 542. Jurors to be supplied with food, etc. — sleep and rest. 543. Sealed verdicts. 544. Court may allow jurors use of tran- script of evidence. 545. What papers jun,^ may take. 546. Motion for new trial — notice and copies of affidavits to be served — oral exam- ination of witnesses — entry of judg- ment delayed. 336 Section. 547. Propositions of law or motion for new trial unnecessary in action tried by court. 548. Motion in arrest not allowed. 549. When non-suit to be claimed. Section. 550. Action not to be dismissed for mistake in form. 551. Order of precedence -in disposition of actions at law. 552. Procedure not otherwise provided for. Sec. 497. Peocedure when paet only of defendants served— form of sum- ■? MONS.] If a summons or writ be served on one or more but not on all of the de- 3 fendants, the plaintiff may proceed to trial and judgment against the defendant 4 or defendants upon whom process has been served and may at any time after- 5 wards, by an oral or written order therefor to the clerk of the court, have a sum- 6 mons to the defendant not served with the first process requiring him to appear 7 in said court and show cause why he should not be made a party to such judg- 8 ment; and upon such defendant being duly served with such process the court 9 shall hear and determine the matter in the same manner as if such defendant had 10 been originally summoned or brought into court and such defendant shall be al- ii lowed the benefit of any payment or satisfaction which may have been made on 12 the judgment before recovered, and the judgment of the court against such de- 13 fendaut shall be that the plaintiff recover against such defendant, together 14 with the defendant in the former judgment, the amount of his claim. If, in 15 any such case, the claim as established against such defendant subsequently sum- 16 moned shall be less than the amount of the judgment previously rendered, such 17 judgment shall be reduced accordingly as against all the defendants to the 18 amount thus established; but if the claim as established against such defendant 19 subsequently summoned shall be greater than the amount due upon the judgment 20 previously rendered, the plaintiff shall nevertheless recoyer from such defendant 21 no more than the amount due upon such judgment previously rendered. Service 22 of such subsequent summons shall be made by delivering a copy thereof, together 23 with a copy of the plaintiff's original praecipe and statement of claim, copy of 24 the distress warrant and inventory, affidavit of claim or other papers filed by the 337 25 plaintiff and herein required to be served with the summons, to the person to 26 whom such delivery is required by this act to be made in case of an original sum- 27 mons and informing such person of the contents of the copy of the summons so 28 delivered. Such summons shall be in substantially the following form : 29 In the Cibctjit Cotjbt of Cook Coitnty, Illinois. 30 John Doe ] V. I-Contract. No. 20. 31 Eichard Roe et al. J 32 Summons. 33 The People of the State of Illinois— Greeting to Henry Roe : 34 We hereby command you to appear in pefson or by attorney before the cir- 35 cuit court of Cook county, Illinois, at the county court house in Chicago in said 36 county, on Monday, the 10th day of March, 1908, to show cause why you should not 37 be made a party to the judgment for the sum of one thousand dollars ($1,000) 38 and costs of the action recovered against the defendant Richard Roe in said 39 court in the above entitled action on the 17th day of February, 1908. 40 Witness John Smith, clerk of said circuit court and the seal thereof at Chi- 41 cago, lUinois, this 18th day of February, 1908. 42 John Smith, Clerk. Sec. 498. Attachment ix aid against pakty not pbeviouslt sebved.J In 2 any case in which a summons shall be sued out to make any person a party to 3 any judgment that has been or hereafter may be rendered, writs of attachment 4 may be issued in aid thereof against any one of or all the persons named in such 5 summons upon the terms provided in this act ; and the parties in such writs of at- 6 tachment may be brought in by notice as in other cases of attachment when per- 7 sonal service cannot be had. Sec. 499. JrDGMEXT against part of joint debtors no bar to action against 2 others.] When several joint debtors are sued and any one or more of them shall 3 not be served with process the pendency of such action, or the recovery of a judg- 4 ment against the parties served, shall be no bar to a recovery on the original 5 cause of action against such as are not served in any action which may be 338 6 brought against them in any other place than in the county where the first action 7 was brought : Provided, however, that the plaintiff shall not be permitted to ob- 8 tain more than one satisfaction of his claim. I Sec. 500. Judgment in action to eevive judgment.] If, in any action to re- 2 vive a judgment, the defendant is defaulted or appears and makes defense and 3 judgment be entered in favor of the plaintiff, it shall be that the judgment be re- 4 vived, in whole or in part, as the case may be, in which case the judgment shall 5 specify the amount due thereon. If the judgment be in favor of the defendant, 6 it shall be that he recover from the plaintiff his costs. , Sec. 501. Pkoceduee in actions or attachment.] In actions of attach- 2 ment, in addition to the rules hereinbefore prescribed, the following rules shall 3 prevail: 4 Firs^— Insufficiencies in affidavit, etc.— how corrected.] No writ of at- 5 tachment shall be quashed, nor the property taken thereon restored, nor any 6 garnishee discharged, nor any bond by him given cancelled, nor any rule entered 7 against the sheriff discharged on account of any insufficiency of the original 8 affidavit, writ of attachment or attachment bond, if the plaintiff, or some cred- 9 ible person for him shall cause a legal and sufficient affidavit or attachment bond 10 to be filed or the writ to be amended, as the case may be, in such time and maimer 11 as the court shall direct; and in that event the action shall proceed as if such pro- 12 ceedings had originally been sufficient. 13 Second— Other matters regulated by rules.] In all other matters with 14 respect to which no provision is made by this act the court shall proceed in ac- 15 cordance with such rules, not inconsistent with law, as may be adopted by the 16 court or by the supreme court, or, in the absence of such rules, in accordance, as 17 near as may be, with the provisions of law in force at the time of the taking 18 effect of this act. 339 Sec. 502. Phoceduke ix actions of attachment op watee ckaft.J In axitions 2 of attachment of water craft the court, in matters not provided, for by this act, 3 shall proceed in accordance with such rules as may be adopted by the court or 4 by the supreme court, or, in the absence of such rules, in accordance, as near as 5 may be, with the provisions of the act entitled "An Act to revise the law in rela- 6 tion to attachments of boats, vessels, and rafts, ' ' approved March 25, 1874, and 7 in force July 1, 1874. Sec. 503. Pkoceduke in actions of beplevin.J In actions of replevin in ad- 2 dition to the rules hereinbefore prescribed, the following rules shall prevail: 3 i^irsi— When property not delivebed to plaintiff. J When the property 4 specified in the writ has not been found by the officer or delivered to the plaintiff 5 and no forthcoming bond has been executed by the defendant, and the de- 6 fendant is served with the writ or enters his appearance, the plaintiff may pro- 7 ceed with the trial of the action and if, upon the trial, he shall establish his right 8 to the property replevied, he shall be entitled to judgment against the defendant 9 for the value thereof or of his interest therein and for such damages as he shall 10 have sustained by reason of the wrongful taking and detention of the property. 11 Second — What judgment mat be rendered against plaintiff.] If the 12 property has been delivered to the plaintiff and not returned to the defendant and 13 the plaintiff fails to prosecute his action with effect or suffers a non-suit or discon- 14 tinuance, or if the right of property is adjudged against him, judgment shall 15 be given for a return of the property and damages for the use thereof from the 16 time it was taken until the return thereof shall be made, unless the plaintiff shall 17 in the meantime have become entitled to the possession of the property, when 18 judgment may be given against him for costs and such damages as the defendant 19 shall have sustained ; or, if the property was held for the payment of any money, 20 the judgment may be in the alternative that the plaintiff pay the amount for 21 which the same is rightfully held with proper damages within a given time or 22 make return of the property. 340 23 T/wrc?— Judgment fob plaintiff.] If judgment be given for the plaintiff 24 and the pi;operty has been delivered to him and not returned to the defendant, 25 the plaintiif shall recover damages for the detention of the property while the 26 same was wrongfully detained by the defendant. 27 Fowri/iJ— AssESSMEiNT OF DAMAGES.] In either case provided for in the two 28 preceding clauses of this section, if the action be tried by a jury, the damages 29 may be assessed by such jury, but if the plaintiff make default or the judgment 30 be given for the defendant without a trial, or if the action be tried by the court 31 without a jury, the damaiges may be assessed by the court. 32 Fifth— AcTio-H on replevin bond.] If, at any time, the conditions of the 33 bond required by this act to be given by the plaintiff at the time of the commence- 34 ment of his action shall be broken, any person having suffered damages by 35 reason of the breach thereof may, in the name of the People of the State of 36 Illinois for his own use, sue and maintain an action on such bond for the recov- 37 ery of all such damages and costs as may have been sustained by him in conse- 38 quence of the breach of such condition. 39 Sixth— 'P-ROcm>VBM when merits not determined.] When the merits of the 40 action have not been determined upon the trial thereof the defendant in the 41 action upon the replevin bond may, in his specification of defense or defenses, 42 set up that fact and his title to the property in dispute in said action of replevin. 43 Seventh — Procedure when property retained by or returned to defend- 44 ant.] When the defendant has retained the property or the same has been re- 45 turned to him by the giving of a delivery bond as hereinbefore provided, the 46 court shall render such judgment as may appear to be necessary to secure to 47 the parties their respective rights as ascertained by the finding of the court, 48 the verdict of the jury or otherwise. 49 Eiffhth-'R^G-EivER.] The court may, whenever in its opinion, the rights of 50 the parties will be better protected thereby, order the property in controversy 51 placed m the hands of a custodian or receiver, pending the final determination 52 of the action. 341 Sec. 504. Peocedtjee in trials of right of property.] In axitions for the 2 trial of the right of property, in addition to the males elsewhere in this act pre- 3 scribed, the following rules shall prevail: 4 ■ Ftrsi— Service of summoks— how made — effect of judgment.] When the 5 action is brought to recover property levied upon by virtue of any execution or 6 writ of attachment and the plaintiff or plaintiffs in the execution or writ of at- 7 taehment are not residents of the county in which the action is brought, service 8 of the summons upon such plaintiff or plaintiffs may be made by delivering a 9 copy of the summons, praecipe and statement of claim to the sheriff or other offi- 10 cer by whom the execution or writ of attachment has been levied, whose duty it 11 shall be to transmit the same by registered letter, or otherwise cause the same to 12 be delivered, to the attorney or one of the attorneys of record of such plaintiff or 13 plaintiffs, or, if there be no such attorney of record, such sheriff or other officer 14 shall transmit such copy of the summons, praecipe and statement of claLm by 15 registered letter, or otherwise cause the same to be delivered, to one of the plain- 16 tiffs in the execution or writ of attachment, and such sheriff or other officer shall 17 thereupon be relieved from aU responsibility for the defense of such action, and 18 the judgment in such ease, if the same be in favor of the plaintiff, shall be a com- 19 plete indemnity to such sheriff or other officer for restoring to such plaintiff any 20 property required by the judgment in such action to be restored to the plaintiff, 21 or, if it be in favor of the defendant, it shall be a complete indemnity to the 22 sheriff or other officer from all liability to the plaintiff in the action for selling 23 the property under the execution by virtue of which the same was seized, or un- 24 der the execution issued in the action under the writ of attachment in which 25 such property was seized. 26 Second — Judgments which mat be entered when property levied upon un- 27 der execution.] If, upon the trial of the action, when the same is brought to 28 recover property levied upon by virtue of an execution or writ of attachment. 342 29 the jury, if the action be tried by jury, or the court, if the trial be by the court 30 without a jury, finds that the property in controversy belongs to the plaintiff, 31 when the plaintiff is any person other than a defendant io the execution or writ 32 of attachment, or that such property is exempt from such execution or attach- 33 ment, judgment shall be entered in favor of the plaintiff against the defendants 34 that the plaintiff have and recover from the defendants the possession of the 35 property, together with the costs of the action, such costs to be paid by 36 the plaintiffs in the execution or attachment. If the jury or the court, as the 37 case may be, finds that the property does not belong to the plaintiff, or is not ex- 38 empt from execution or attachment, as the case may be, judgment shall be entered 39 in favor of the defendants and against the plaintiff for the costs of the action 40 and an order shall be entered that the sheriff or other officer proceed in the 41 manner provided by law to subject the property to the payment of the execu- 42 tion already issued, or thereafter to be issued, as the case may be. 43 Tfeirt?— Judgment when peopebtt taken foe tax, etc.] When the action is 44 brought to recover property which has been taken for any tax, assessment or 45 fine levied by virtue of any law of this State, then, in such case, if the jury, or the 46 court, as the case may be, finds that the same was not lawfully subject to be taken 47 for such tax, assessment or fine, judgment shall be entered in favor of the plain- 48 tiff and against the defendant that the plaintiff recover possession of the prop- 49 erty from the defendant, but no costs shall be recovered by the plaintiff from the 50 defendant unless it shall appear to the satisfaction of the court that the seizure 51 of the property by the defendant was made in bad faith. If it shall appear 52 from the verdict of the jury or the finding of the court that the property taken 53 was subject to be taken for the tax, assessment or fine, judgment shall be entered 54 in favor of the defendant and against the plaintiff for the costs of the action and 55 an order shall be made that the officer proceed to subject the property to the 56 payment of such tax, assessment or fine in the manner provided by law. 343 57 Fourth — Judgment when action bbought to eecoveb eeplevied propeety.J 58 When the action is bronght to recover property held by virtue of a writ of re- 59 plevin issued in an action then pending brought against a person other than the 60 plaintiff, then and in such case, if the jury, or the court, as the case may be, finds 61 that the plaintiff is entitled to recover possession of the property, judgment shall 62 be entered in his favor that he recover such possession and the costs of the 63 action from the defendant, but if the jury, or the court, as the case may be, finds 64 that the plaintiff is not entitled to recover possession of the property, judg- 65 ment shall be entered in favor of the defendants and against the plaintiff for the 66 costs of the action. Sec. 505. Procedttbe in actions op fobcible detainer.] In actions of forci- 2 ble detainer, in addition to the rules otherwise prescribed in this act, the foUow- 3 ing rules shall prevail : 4 First — Judgments which may be entebed.] If no rent or damages are 5 claimed by the plaintiff and it shall appear on the trial that the plaintiff is en- 6 titled to the possession of the whole of the premises claimed, he shall have judg- 7 ment for the possession thereof and for his costs ; but if it shall appear that he 8" is entitled to the possession of only a part of the premises claimed the judg- 9 ment shaU be in his favor for that part only and for costs and for the residue 10 judgment shall be in favor of the defendant; or, if the plaintiff is non-suited, 11 or it appears that the plaintiff is not entitled to possession of any portion of 12 the premises claimed, judgment shall be in favor of the defendant for the costs. 13 If the plaintiff also claims rent or damages and he shall be f oimd entitled there- 14 to he shall have judgment for the amount to which he is so found entitled, but if 15 he is found not entitled to rent or damages judgment shall be given in favor of 16 the defendant as to such claim for rent or damages. 17 Second— Joinder of parties, etc.] Whenever there shall have been one lease 18 for the whole of certain premises and the possession thereof at the commence- 344 19 ment of the action shall be divided in severalty among persons with, or other 20 than, the lessee, in one or more portions or parcels, separately or severally held 21 or occupied, all or so many of such persons, with the lessee, as the plaintiff may 22 elect, may be joined as defendants in one action and the recovery against them 23 with costs shall be several according as their actual holdings shall respectively 24 be found to be. 25 Third— DiSMJSSAi, by plaintiff, etc.] The plaintiff may at any time dismiss 26 his action as to any one or more of the defendants and the jury or court may find 27 any one or more of the defendants guilty and the others not guilty, and the court 28 shall thereupon render judgment according to such finding, 29 Fourth— Wbit op restitution.] No writ of restitution shall be issued in any 30 case until the expiration of five days after the entry of judgment. Sec. 506. Pkocedueb in actions of distress foe rent.] In actions of dis- 2 tress for rent, in addition to the rules otherwise prescribed in this act the fol- 3 lowing rules shall prevail: 4 i^*rsi— Trial— SET-OFF— FORCE op judgment, etc.] After the commei^cement 5 of the action it shall proceed, as near as may be, in the same manner as an action 6 of attachment. The defendant may avail himself of any set-off or other de- 7 fense which would have been proper if the action had been for the rent in any 8 form of action and with like effect. If the plaintiff succeeds in his action judg- 9 ment shall be given in his favor for the amount which shall appear to be due 10 him. When the defendant has been served with the summos and appears in the 11 action the judgment shall have the same force and effect as in an action in which a 12 summons has been served upon the defendant and execution may be issued there- 13 on not only against the property distrained but also against the other property of 14 the defendant ; but the property distrained, if the same has not been replevied 15 or released from seizure, shall be first sold. When publication of notice shall 16 have been made as provided in this act, but the defendant is not served with 345 17 process and does not appear, judgment by default may be entered and the plain- 18 tiff may recover the amount due him for rent at the time of issuing the dis- 19 tress warrant and a special execution shall issue against the property distrained, 20 but no execution shall issue against any other property of the defendant. If the 21 judgment is in favor of the defendant he shall recover costs and have judgment 22 for the return of the property distrained, unless the same has been replevied or 23 released from such distress. And if a set-off is interposed and it appears that a 24 balance is due from the plaintiff to the defendant judgment shall be rendered 25 for the defendant for the amount thereof. 26 Second — Release of propebty.J When any distress warrant has been levied 27 the person whose property is distrained may release the same by entering into 28 bond in double the amount of rent claimed payable to the landlord with suffi- 29 cient sureties, to be approved by the person making the levy, if the bond is ten- 30 dered before the filing of a copy of the warrant as provided in this act, or, if 31 after, by the court before which the action is pending, conditioned to pay what- 32 ever judgment the landlord may recover in the action with costs of the action. 33 If the bond is taken before the filing of the copy of the distress warrant such bond 34 shall be filed therewith, and if taken after the filing of a copy of the distress war- 35 rant, it shaU be filed with the clerk of the court in which the action is pending. 36 Third — Perishable peopeety.J If any property distrained is of a perishable 37 nature and in danger of immediate waste or decay, and the same is not replevied 38 or bonded, the landlord, or his agent or attorney, may, upon giv- 39 ing notice to the defendant or his attorney, if either can be found in the 40 county, or, if neither can be found, without any notice, apply to the court in 41 which the action is pending, describing the property and showing that the same 42 is so in danger and, if the court is satisfied that the property is of a perishable 43 nature and in danger of immediate waste and decay, and if the defendant or his 44 attorney is not served with notice, or does not appear, that he cannot be found 45 in the county, the court may enter an order directing the person having posses- 346 46 sion of the property to make a sale thereof upon such time and such notice, 47 terms and conditions as the court shall think to the best interest of the parties 48 concerned. Money arising from such sale shall be deposited with the clerk of the 49 court in which the action is pending there to abide the event of the action. • Sec. 507. Affidavit of claim and affidavit of merits.] Whenever in any 2 action at law on a contract, express or implied, for the payment of money the 8 plaintiff files with his statement of claim an affidavit showing the nature of his 4 demand and the amount due him from the defendant after allowing to the de- 5 fendant all his just credits, deductions and set-offs, if any, the plaintiff shall be 6 entitled to a judgment as in case of default unless the defendant, or his agent 7 or attorney, if the defendant is not a.n executor or administrator defending on 8 behalf of an estate, or the conservator of an idiot, habitual drunkard, lunatic 9 or distracted person, or the guardian of a minor, defending in behalf of his ward, 10 shall file with the specification of his defense or defenses an affidavit stating 11 that he has a good defense or defenses to such action upon the merits to the 12 whole, or a portion of the plaintiff's demand and setting forth the facts con- 1.3 stituting such defense or defenses, and, if the same be to a portion of the de- 14 mand, specifying the amount according to the best of his judgment and belief. Sec. 508. When plaintiff may take judgment as to part and prosecute 2 AS TO residue.] Whenever in any action at law on a contract, express or im- 3 plied, for the payment of money the defendant shall admit a portion of the 4 plaintiff's claim, or shall not make affidavit of a good defense to all of the 5 plaintiff's claim when such affidavit of a good defense is required by the terms 6 of this act, the plaintiff shall be entitled to have judgment entered in his favor 7 for the part so admitted or not denied, as the case may be, and to further prose- 8 cute his action against the defendant for the balance of his claim. Sec. 509. Affidavits of claim and merits to present all issues.] When- 2 ever in any action at law the plaintiff shall file an affidavit of claim and the de- 347 3 fendant an affidavit of defense, as provided in the two preceding sections, such 4 affidavits shall be deemed to present all the issues between the parties in, the 5 action, and upon the trial of the action the plaintitf shall not be permitted to f) assert any claim or the defendant any defense not set forth in their respective 7 affidavits: Provided, hoicerer, that nothing in this section contained shall be 8 construed as prohibiting either party from amending his affidavit by leave of 9 court. Sec. 510. Matters not necessary to be proven unless proof expressly de- 2 MANDED.j It shall be unnecessary for any party to an action at law or in equity 3 to make proof upon the trial or hearing thereof of either of the following facts, 4 unless proof thereof shall be expressly demanded by some other party to the 5 action : 6 First — Corporate existenge.] That a party to the action, named therein as 7 a corporation, is such corporation. 8 Second — Co-partnership — joint obligation.] That a party to the action, 9 named therein as a co-partnership, is such co-partnership, or, of the names of 10 the members of such co-partnership are specified in the praecipe, statement of 11 claim, counter-claim or other paper, that the names of such co-partners are as 12 so specified, or that persons suing as joint payees or obligees are such joint 13 payees or obligees, or that their names are truly set . forth in the plaintiff's 14 praecipe, the defendant's counter-claim, or the intervener's claim, as the case 15 may be, or other paper filed by such party. 16 T^Z/t/— Genuineness of writing.] That any written instrument or in- 17 dorsement thereon, which is mentioned or described in any paper filed and is 18 offered in evidence upon the trial of the action, and the signature or signatures 19 to such instrument or indorsement are genuine. 20 Fourth — Eepresentativb capacity.] That any party to the action who sues 21 or is sued as an executor, administrator, guardian, conservator, trustee or other 348 22 legal representative, or as a public officer, is such executor, administrator, 23 guardian, conservator, trustee or other legal representative or public officer. 24 Fifth:— WiBOw, surviving husband oe next op kin.] That a person named 25 in any statement of claim, specification of defense or counter-claim, as a widow, 26 surviving husband, descendant, next of kin or other relative of a deceased person, 27 is such widow, surviving husband, descendant, next of kin or other relative, or 28 that the said relatives of such deceased person are other than those specified in 29 • such statement of claim, specification of defense or counter-claim. 30 Sixth — Ownership or operation property, etc.] That a party from whom 31 damages are claimed in a statement of claim or counter-claim on account of an 32 injury to tl>e person or property of the plaintiff, or of the plaintiff's testate. 33 or intestate, or husband, wife, or other relative, was at the time of the alleged in- 34 jury, if such injury and the approximate time thereof be shown by the evidence, 35 the owner or in possession or control of or operating the car, engine, machine, ap- 36 pliance, fixture, railroad, factory, building, premises or other property, by, upon 37 or by means of which such injury occurred. 38 Seventh — Possession op real estate in action to recover possession.] That 39 a defendant in an action of forcible detainer or ejectment is in possession of the 40 premises the possession of which is sought to be recovered. 41 Eighth— Otsbr facts.] Any other fact with respect to which the court in 42 which the action is pending, or the supreme court, may, by rule, provide that 43 proof shall be unnecessary unless the same be demanded. See. 511. Demand not alix)wed unless, etc.] No demand provided for in 2 the preceding section shall be allowed by the court unless the party making the 3 same shall satisfy the court, by his own oath or the oath of some other person 4 cognizant of the facts or otherwise, that such demand is made in good faith and 5 that there is a bona fide and substantial dispute between the parties with re- 6 spect to the fact, proof of which is so demanded. 349 Sec. 512. Detebmination of point of law at ok before tbial.] "\Mienever, 2 in any action at law, any party thereto shall allege that there is a point of law 3 involved therein the determination of which will dispense with any further trial, 4 or with the trial of some substantial issue in the action, or wiU materially 5 shorten the trial thereof, and shall file a statement, verified by affidavit, of the 6 facts upon which such point of law arises, and it shall be made to appear to the 7 satisfaction of the court, by the admissions of the opposite party or otherwise, 8 that the facts so set forth are not, in any substantial particular, disputed, or 9 whenever the parties shall consent that any point of law arising in the action 10 shall be determined by the court prior to the trial thereof, or whenever the court 11 is satisfied there is any point of law involved in the action the determination of 12 which prior to the trial will be conducive to a more speedy and satisfactory 13 determination of the action, the court may, in its discretion, hear and dispose 14 of such point of law and enter such order with respect thereto as the court may 15 deem just and right. Whenever the determination of such point of law is such 16 as to finally dispose of the action, the court may enter the final judgment such 17 determination may require. Whenever such determination is not such as to 18 finally dispone of the action the court may enter such determination in the form 19 of an interlocutory order, which order shall be subject to review by appeal 20 in such manner as may be consistent with the rules prescribed by this act re- 21 specting appeals from interlocutory orders. Sec 513. When judgment of court may be taken as to effect of undis- 2 PUTED FACTS.] "^Vheuever it shall be made to appear to the court by the admis- 3 sions of the parties or otherwise that there is no substantial dispute between 4 the parties to an action at law respecting the facts which are necessary to the 5 final determination of their respective rights and liabilities, in whole or in part, 6 the court may, without the trial of the issues by the court or by a jury, render 7 such judgment or judgments in the action as such undisputed facts may require. 350 Sec. 514. Evidence to be limited to disputed facts.] Before the hearing of 2 any evidence in a civil action the court shall ascertain from an inspection of the 3 papers in the action, or otherwise, the facts which are not in dispute between 4 the parties either by being admitted or not being denied in the manner in this act 5 required, or by being expressly admitted by the parties at the trial, and shall 6 cause such facts to be stated to the jury, if the case be tried by jury, and shall 7 not permit the introduction of any evidence to prove the facts so admitted, but 8 shall confine the evidence to the facts actually in dispute between the parties. For 9 the purpose of ascertaining such undisputed facts the court may require the re- 10 spective parties to state the same in writing or otherwise, and whenever it shall 11 appear to the satisfaction of the court that any party to any such action Has 12 willfully refused to admit any material fact known by such party to be undis- 13 puted, the court may cause to be taxed as costs against such party and in favor 14 of the opposite party such sum, not exceeding fifty dollars ($50), as the. court 15 may deem just and equitable, and may enforce the payment thereof by attach- 16 ment or otherwise. Sec. 515. Immediate trial for defendant about to depart state or non- 2 resident.] When any defendant against whom any action at law has been brought 3 shall make it appear to the satisfaction of the court that at the time of the com-' 4 mencement of such action he was about to depart from the state and be absent 5 therefrom such length of time that he could not conveniently attend the trial of 6 the action at the time the same would occur in due course, or when any non-resi- 7 dent of this state, while temporarily within this state, is served with process in 8 any action brought against him, such defendant may, upon the entry of his appear-- 9 ance, whether such appearance be entered before or on the day on which he is 10 required to appear, and upon notice to the plaintiff, demand an immediate trial 11 of such action and such immediate trial shall thereupon be had unless the plain- 12 tiflf shall, by affidavit or otherwise, establish good and sufficient ground for the 13 postponement of the trial : Provided, however, that the defendant shall not be 351 14 entitled to any such immediate trial in any action at law on a contract in which 15 he shall have filed a demand in writing of a trial by jury. See. 516. Setting case for trial for xox-resident of county.] When any 2 plaintiff or any defendant in any action shall be a non-resident of this state or 3 shall reside in this state in a county other than that in which such action is 4 brought and such plaintiff or defendant shall make it appear to the satisfaction 5 of the court that his presence at the trial of the action will be to his advantage 6 and that he desires to be present at such trial, the court in which the action is 7 pending shall, upon the application of such party and upon notice to the other 8 party or parties to the action, cause such .action to be set for trial upon a day 9 certain to be fixed by the court and such action shall be tried, or the trial there- 10 of shall be commenced, upon the day so fixed, unless good and sufficient ground 11 for the postponement of such trial shall be made to appear to the court : Pro- 12 vided, however, that no party to an action on a contract shall be entitled to an 13 order setting such action down for trial upon a day certain if he shall have filed 14 in such action a demand in writing of a trial by jury. Sec. 517. Eqihtable relief in actions at law.] Whenever in any action 2 at law it shall appear to the court that equitable relief is necessary to enable 3 the plaintiff to maintain his action or the defendant to make his defense, or to 4 enable the plaintiff or the defendant to obtain full and complete relief respecting 5 the matter or matters in controversy, and that the facts proven entitle the 6 plaintiff or the defendant, as the case may be, to such equitable relief, the court 7 shall enter such judgment as may be necessary to award such party such equit- 8 able relief, and to that end the court, upon the trial of an action at law, shall per- 9 mit proof of all facts which are pertinent to the ascertainment of the real merits 10 of the controversy between the parties. If the action be on trial before a jury the 11 , court may either withdraw the case from the consideration of the jury and enter 12 such judgment as the equities of the case may require, or it may submit the 352 13 issues as to such equitable relief, together with the other issued' in the case, to 14 the jury, and enter such juflgment as ihe verdict of the jury, when approved 15 by the court, may require. In all matters in which there is any conflict or var- 16 iance between the rules of law and the rules of equity with referera.'O to the 17 same matter, the rules of equity shall prevail. The purpose of this section is to 18 secure to the parties to every action at law a decision of the same according to 19 the very right and justice thereof as the same may appear from the evidence and 20 it shall be liberally construed to accomplish such purpose. Sec. 518. Adjustment of eights and liabilities of judgment defend- 2 ANTS.] Whenever any judgment for money is rendered against two or more 3 persons jointly, the court, upon the application of any one or more of such judg- 4 ment defendants ,may, either upon the evidence already heard upon the trial 5 of the issues, if such trial has been had, or upon such evidence as may be of- 6 fered by the parties, if the judgment has been entered upon default, or in such 7 other manner as the court may deem just and right, determine the respective 8 liabilities to each other of all of such judgment defendants in the following 9 manner : 10 i^iVsif— Principal and surety.] If such judgment defendants sustain to 11 each other the relation of principal and surety, the court may require the prin- 12 cipal to pay the judgment or to reimburse the surety for any payment or pay- 13 ments made by him on account thereof. 14 /S'ecowf^— Joint obligations.] If the action be a contract action, and such 15 judgment defendants, or two or more of them, are principals, the court may 16 require each of them so liable as principals to pay his proportion of the judg- 17 ment, or to contribute his proper proportion towards the reimbursement of any 18 other judgment defendant who shall have paid more than his proper proportion 19 of the judgment. 20 Third— "^0^^% other than wilful injury.] If the action be for a tort other 21 than an injury, wilfully inflicted, the court may apportion the payment of the 353 22 judgment between the judgment defendants in such maner as a court may, under 23 all the circumstances disclosed by the evidence, deem just and equitable, it being 24 the intention hereof that the damages arising out of a tort, other than an injury 25 wilfully inflicted, shall be apportioned among the parties guilty of such tort ac- 26 cording to the respective degrees of the responsibilities of such parties for the 27 commission of the same. Sec. 519. Adjustment not to affect eights of plaintiff.] The adjust- 2 ment of the rights of judgment defendants as between each other provided for in 3 the preceding section shall in no manner a£fect the right of the plaintiff to an 4 immediate enforcement of his judgment against any or either of the parties 5 against whom the same has been rendered. Sec. 520. CoxsoLmATiON of actions.] Whenever there are pending in the 2 same court two or more actions at law for the recovery of money or personal 3 i^roperty involving questions of law or fact common to all of said actions, the 4 court may, on motion of any party to either of said actions, or of its own mo- 5 tion, order that said actions or any of them be consolidated and tried and dis- 6 posed of as one action, if, in the opinion of the court, such consolidation will 7 promote the prompt and proper determination of the actions so consolidated. Sec. 521. Keferexces to mastebs.] In any action at law there may be a 2 reference to a master in chancery for the purpose of determining such matters 3 as are specified in the division of this act especially dealing with proceedings 4 before masters. Sec. 522. Pkoof of matters of defense occttkring after filing specification 2 OF DEFENSE.] Whenever in any action at law, other than a criminal action, after 3 the filing by the defendant of his specification of defense or defenses, any facts 4 shall arise which the defendant may conceive to constitute a defense to the plain- 5 tiff's claim, in whole or in part, the defendant may, before the trial, serve upon 354 6 the plaintiff notice in writing that such facts will be relied upon by the defendant 7 at the trial as a defense, in whole or in part, to the plaintiff's claim, and there- 8 upon such facts may be proven by the defendant at the trial and the judgment in 9 such case shall be such as the facts proven at the trial may require. Sec. 523. Postponements op trials.] With respect to applications for post- 2 ponements of trials or hearings the following rules shall prevail: 3 i^irs^— Absence op material evidence.] When the postponement is applied 4 for on account of the absence of material evidence, the court may require that 5 the motion be supported by the affidavit of the party so applying, or his author- 6 ized agent, showing that due diligence has been used to obtain such evidence, or 7 the want of time to obtain it, and of what particular fact or facts the same con- 8 sists, and if the evidence consists of the testimony of a witness, his place of resi- 9 dence, or, if his place of residence is not known, showing that due diligence has 10 been used to ascertain the same and that, if further time be given, such evidence 11 can be procured. The court may permit an additional affidavit to be filed to 12 supply any necessary averment which has been omitted from the original affi- 13 davit. 14 /Secowf^— When evidence immaterial or appidavit admitted.] Should the 15 court be satisfied that the evidence specified in the affidavit or affidavits filed in 16 support of the motion would not be material on the trial or hearing of the action 17 or if the other party will admit the affidavit in evidence, the trial or hearing of 18 the action shall be postponed unless the court shall be of opinion that the giving 19 in open court of the testimony proposed to be obtained is necessary to a proper 20 decision of the action upon the merits. 21 Third— 'Effsct op admission op appidavit.] When the affidavit is concern- 22 ing the evidence of a witness the party admitting such affidavit shall be held to 23 admit only that if the absent witness were present he would testify as alleged in 24 the affidavit and such admission shall have no greater force or effect than if such 25 absent witness were present and testified as alleged in the affidavit, leaving it to 355 26 the party admittiBg suoh affidavit to controvert the statements contained there- 27 in or to impeach said witness, the same as if such witness were present and ex 28 amined in open court. 29 Fourffe— Defendant in mhitabt service.] It shall be a sufficient cause for 30 postponement of the trial or hearing of any action in time of war or insurrection 31 that the defendant is in the military service of the United States, or of this 32 state, if it shall be made to appear to the court, by affidavit, that the presence 33 of the defendant is in any degree necessary for a full and fair defense ^f the 34 action. ^ 35 Fifth — Pabtt or attobnet member of genebal assembly.] In any action 35 pending at any time when the General Assembly is in session, it shall be a suf- 37 ficient cause for a postponement of the trial or hearing if it shall appear to the 38 court by affidavit that any party applying for such postponement, or any attor- 39 ney, solicitor or counsel of such party, is a member of either house of the Gen- 40 eral Assembly and in actual attendance on the sessions of the same, and that the 41 attendance of such party, attorney, solicitor or counsel in court is necessary to 42 a fair and proper trial or hearing of such action: Provided, however, that this 43 clause shall not apply to any case of application for a postponement by reason 44 of the absence of any attorney or solicitor or counsel who shall not have been 45 actually employed in such action priorto the commencement of such session of the 46 General Assembly, nor to the practice in the supreme court or in the appellate 47 court. 48 Sixth— To what time postponement made.] When any trial or hearing is 49 postponed on account of the absence of material evidence, such postponement 50 shall be until such time as may appear to be reasonably necessary to enable the 51 party applying for a postponement to procure such evidence. 52 Seve/jf/i— Postponement in time of war.] "^Mien a postponement is allowed 53 in time of war or insurrection because the defendant is in the military sei-vice of 54 the United States or of this state, the postponement shall be until such time as 356 55 siich war or insurrection ceases or until tlie service of the defendant therein 56 shall have terminated and such time thereafter as may appear to be reasonably 57 necessary to enable the defendant to be present at the trial or hearing of the 58 action. 59 Eighth— Wbl^^ party or attoekey member of general assembly.] When 60 any postponement is had on account of any party, attorney, solicitor or counsel 61 being a member of either house of the General Assembly and in actual attend- 62 ajjce on the sessions thereof, such postponement shall be until ten days or more 63 after the adjournment of the General Assembly. 64 Ninth — When several courts in session at same time.] When there is 65 more than one court of record, or more than one branch of the same court of 66 record, in session at the same time in any county for the trial, hearing and final 67 determination of actions, the court may allow such postponements of trials on 68 account of the actual engagement of the attorneys of the respective parties in 69 trials of other actions as may appear to be necessary to prevent injustice and 70 facilitate the transaction of the business of the court. Sec. 524. Jury trial to be demanded when.] Every action at law, a crim- 2 inal action or a quasi criminal action brought for the recovery of a fine or pen- 3 alty for the violation of a municipal ordinance excepted, shall be tried by the 4 court without a jury unless the plaintiff at the time he commences his action, or 5 the defendant at the time he enters his appearance, shall file with the clerk of the 6 court in which such action is commenced, a demand in writing of a trial by jury, 7 which demand, however, may be withdrawn by the party filing the same at any 8 time before trial. If the demand be by the plaintiff it shall be embodied in and 9 form a part of his praecipe for a summons or writ, or, in an action of manda- 10 mus, it shall be contained in a note at the foot of the petition, and, if it be by 11 the defendant or garnishee, it shall be embodied in and form a part of his ap- 12 pearance in writing. 357 Sec. 525. JxTBY tkial mandatoey in capital and penitentiaby cases.] Every 2 criminal action in which the punishment may be death or confinement in the pen- 3 itentiary shall, unless the defendant shall enter a plea of guilty, be tried by jury. Sec. 526. Waiver of jury in misdemeanobs and quasi ceiminal actions.] 2 Every criminal action in which the punishment cannot be death or confinement 3 in the penitentiary, and every quasi criminal action brought to recover a fine or 4 penalty for the violation of a municipal ordinance, shall be tried by jury, unless 5 the defendant shall execute and file with the clerk of the court in which such ac- 6 tion is commenced a waiver in writing of a trial thereof by jury, in which case 7 such action shall be tried by the court without a jury. Sec. 527. JuROBS to be interrogated before impaneling.] It shall be the 2 duty of the judge presiding in any court or branch court in which a panel of 3 jurors is summoned for service to interrogate, or cause to be interrogated, all 4 jurors so summoned and appearing and to inquire into, or cause to be inquired 5 into, their qualifications to serve as such jurors, and to reject from service all 6 jurors who do not appear to possess the qualifications required by law and to 7 cause to be summoned in their places, in the manner required by law. persons 8 competent and qualified to serve as jurors. When there are several branches of 9 the same court being held at the same time for the trial of actions by jury, it 10 shall not be necessary that there be a full panel of twenty-four petit jurors for 11 each branch court, but the judges of such branch courts may cause to be impan- 12 eled for service in ail of said branches, as one panel, only such number of jurors 13 as may appear to be needed for the trial of actions therein to be tried by jury, 14 and the jurors needed, from time to time, in each branch court may be drawn 15 from such joint panel. When jurors are to be impaneled as one panel for service 16 in several branch courts, as aforesaid, the duty of interrogating, or causing to 17 be interrogated, such jurors and of inquiring into or causing to be inquired into 18 their qualifications, may be performed by any one of the judges of such branch 358 19 courts. When the requisite number of jurors have been accepted for service in 20 such court, branch court or branch courts, the judge or judges shall cause to be 21 prepared by the clerk printed or typewritten alphabetical lists of the jurors so 22 accepted for service, on which lists the name of each "juror shall be followed by 23 a specification of his age, place of birth, occupation, place of residence and place 24 of business or employment, the place of residence and place of business or em- 25 ployment, if in a city, to be accompanied by a specification of the street and num- 26 ber or other sufficient designation thereof, and upon the calling of any jury into 27 the jury box a copy of such list shall be submitted for inspection and use, during 28 the impaneling of the jury, to each party to the action. Sec. 528. CHAiiLENGEs OF JUBOES.] Evcry person arraigned for any crime 2 punishable with death or imprisonment in the penitentiary for life shall be ad- 3 mitted on his trial to a peremptory challenge of twenty jurors and no more ; and 4 every person arraigned for any offense that may be punished by imprisonment 5 for a term exceeding eighteen months shall be admitted to a peremptory challenge 6 of ten jurors and in all other criminal trials the defendant shall be allowed a per-' 7 emptory challenge of six jurors. The attorney prosecuting on behalf of the peo- 8 pie shall be admitted to a peremptory challenge of the same number of jurors 9 that the accused is entitled to. In all actions, other than criminal actions, each 10 party shall be admitted to a peremptory challenge of five jurors and challenges 11 for cause shall be allowed as heretofore. Sec. 529. Examination of juhoes at trial— eeview on appeal op eeeob.] 2 It shall be the duty of the judge presiding at the trial of any action tried by jury 3 to examine, or cause to be examined, all jurors called into the jury box with re- 4 speet to their statutory qualifications to serve as petit jurors in such action and to 5 permit the plaintiff and the defendant to propound to the jurors such pertinent 6 questions as may be necessary for the purpose of ascertaining whether the jurors 7 are biased or prejudiced ; but upon appeal or writ of error to review any judg- 359 8 ment in any such action tried by jury no ruling of the court pertaining to or con- 9 nected with the impaneling of the jury, other than one improperly restricting the 10 right of a party to examine a juror as to bias or prejudice, or improperly ovar- ii ruling a challenge by a party of a juror for bias or prejudice, shall be subject to 12 review by the supreme court or appellate court. Sec. 530. JUBOBS to be judges op facts, OE law and facts when — OATH.] 2 In cases other than criminal cases juries shall be judges of the facts only and 3 shall be sworn or affirmed to weU and truly try the matters in issue and a true 4 verdict render according to the evidence. In criminal cases juries shall be judges 5 of both the law and the fact and shall be sworn or affirmed to well and truly try 6 the matters in issue and a true verdict render according to the law and the evi- 7 dence. Such oath shall be in substantially the following form: 8 You and each of you do solemnly swear (or affirm), that you will well and 9 truly try the matters in issue in this action and a true verdict render according 10 to the evidence (or, according to the law and the evidence). Sec. 531. JuEOES may take notes of evidence when — inspection of pebm- 2 iSES, etc.] In all trials by jury the court, in its discretion, may permit the jury 3 to take such notes of the evidence introduced before them as the court, under all 4 the circumstances of the case, may deem necessary or proper to enable the jury 5 to return a proper verdict, and the court in any action tried by jury may also, 6 in its discretion, permit the jury to personally inspect any premises, building, naa- 7 ehinery, or implements concerning which testimony is introduced before the jury, 8 whenever, in the opinion of the court, such inspection will aid the jury in return- 9 ing a proper verdict. Whenever, during the course of any trial by jury, the court 10 shall direct the inspection by the jury of any premises, buUding, machinery or im- 11 plements, as aforesaid, the court may order the owner of any such premises, build- 12 ing, machinery or implements to permit such inspection and may enforce com- 13 pliance with such order : Provided, however, that nothing herein contained shall 360 14 authorize inspection of any premises or building occupied as a residence without 15 the consent of the person residing therein. Sec. 532. Order of argument to jury.] In every action, other than a crim- 2 inal action, the right to open and close the argument to the jury in a case where 3 there is no intervention shall be with the plaintiff, unless the defendant shall 4 have the affirmative of all the issues before the jury, in which case it shall be with 5 the defendant. In a case where there is an intervention the order of argument, 6 when the plaintiff has the right to open and close, shall be, first, the opening ar- 7 gument of the plaintiff ; second, the argument of the intervener ; third, the argu- 8 ment of the defendant, and, fourth, the closing argument for the plaintiff, and 9 where the defendant has the opening and close the order of the argument shall 10 be, first, the opening argument of the defendant ; second, the argument of the in- 11 tervener ; third, the argument of the jilaintiff, and, fourth, the closing argument 12 of the defendant. When there are several defendants or groups of defendants, or 13 several interveners or groups of interveners, each of which defendants or inter- 14 veners, or groups of defendants or interveners, are represented by different at- 15 torneys, the order, as between themselves, of their arguments to the jury shall be 16 determined by the presiding judge. Sec. 533. Expression of opinion by attorney in criminal, action prohibit- 2 ED— penalty.] In the argument of any criminal action before a jury neither the 3 state 's attorney nor other attorney conducting the prosecution or assisting there- 4 in, nor any attorney representing the defendant, shall be permitted to express his 5 opinion respecting the guilt or innocence of the defendant. A violation of this 6 section shall be deemed a contempt of court and shall be punished by the court 7 imposing upon the offending person, in the presence of the jury, a fine not ex- 8 ceeding one hundred dollars ($100), and in case of such violation, it shall be the 9 further duty of the court to instruct the jury to wholly disregard any opinion so 10 expressed. 361 Sec. 534. Denunciation and abuse of parties and witnesses prohibited — 2 penalty.] In the argument of any case, civil, crimiaal or quasi criminal, to a 3 jury, no attorney shall be permitted to indulge in the use of denunciation or 4 abusive epithets towards parties to tha action or towards witnesses who may 5 have testified upon the trial. A violation of this section shall be deemed a con- 6 tempt of court and shall be punished by the court by imposing upon the offend- 7 ing person, in the presence of the jury, a fine not exceeding twenty-five dollars 8 ($25), and in case of such violation it shall be the further duty of the court to 9 instruct the jury to wholly disregard such denunciation or abusive epithets. Sec. 535. Charging the jury— oral charge— bequests to charge — objec- 2 TiONS to be pointed out— additional chaege — written instructions.] In trials 3 by jury the court shall charge the jury both as to the law and the facts in actions 4 at law for the recovery of money only, or personal property only, or both 5.' money and personal property, when the amount of money or personal property, 6 or both money and personal property, bona fide in controversy between the par- 7 ties as shown by the evidence does not exceed one thousand dollars ($1,000) in 8 value, and in all other cases the court shall charge the jury as to the law only, 9 and with respect to such charge the following rules shall prevail: 10 First— OB.AL, OR WRITTEN CHARGE.] The chargc may, in the discretion of the 11 court, be given orally or in writing. 12 Second— Oral, charge to be taken down stenographioally, etc., when.] 13 When the charge is given orally it shall, at the request of either party, be taken 14 down in shorthand and a transcript thereof shall be made and shall be signed by 15 the judge and filed in the cause in which such charge is given. 16 jPA^Vf?- Requests to charge.] In case the judge charges the jury orally 17 either party shall have the right, at any time before the commencement of the 18 closing argument to the jury, to present in writing to the judge requests to charge 19 containing such propositions as such party may claim to be propositions of law 362 20 applicable to the case and may wish to have embodied in the judge's charge to the 21 jury, and it shall be the duty of the judge to examine the requests so presented 22 and to embody in his charge every proposition therein which the judge may hold 23 to be a correct proposition of law applicable to the case. When either party 24 presents to the judge any such request or requests in writing, he shall at the same 25 time deliver to th'e opposite party a copy thereof. 26 i^owfife— Requests to be separate^ eto.J Every such request to charge shall '27 be separate and distinct and shall be confined to the statement of a single propo- 28 sition of law claimed to be applicable to the case. 29 Z^i/^fe— Bequests to be marked and filed.] Ev&ry such request to charge 30' shall be marked by the judge by indorsing his initials thereon and after the con- 31 elusion of the giving of the charge such requests shall be filed by the clerk among 32 the papers in the case. 33 Sixth— SiVF-piGiwsT if ohabgb eequested is given in equivalent' words.] It 34 shall not be necessary for the judge in an oral charge to the jury to give any prbp- 35 osition of law requested by a party to be embodied in the charge, and which the 36 judge approves, in the exact language in which it is stated by such party in such 37 request, but it shall be sufficient if such proposition is stated by the judge to 38 the jury in language substantially equiivalent to the language used by such party 39 in such request, or language correctly informing the jury with respect to such 40 proposition of law and making the same applicable to the decision of the case.^ 41 (Sevewife— Objections to be pointed out specifically.] Upon the conclusion 42 of an oral charge, and before the jury retire, each party shall point out to the 43 court specifically everj^ objection which such party may wish to make to the 44 charge, and the court may thereupon further charge the jury for the purpose of 45 correcting any error in the charge as given, or of adding thereto any further 46 instructions as to the law of the case which the court may deem proper to be 47 submitted to the jury, which subsequent or additional charge may be objected to 48 by either party in the same manner as the previous charge : Provided however, . 363 49 that it shall not be necessary for either party to point out to the court any failure 50 to embody in the charge any propositi on contained in any request to charge pre- 51 sented in writing to the judge as hereinbefore provided: And, provided, 'further, 52 that in a criminal action the failure of the defendant or his attorney to point out 53 an objection to the charge shall not preclude him from obtaining relief, upon a 54 motion for a new trial in the court of original jurisdiction or upon a Asrit of 55 error in the supreme court, from any substantial error in the charge by which 56 injustice has resulted to the defendant or by which the defendant has been de- 57 prived of his right to a fair and impartial trial.. oS Eighth— GiyRKECTWH to be pointed out when.] Whenever any objection is 59 made to an oral charge, or to any portion thereof, the court may require the 60 party so objecting to specifically point out the correction sought to be made. 61 Ninth— TiM^E foe. stating objections.] - Upon the conclusion of an oral 62 charge the court shall allow the respective parties such reasonable time, not less 63 than twenty minutes each, as they may require to enable them to properly present 64 and state their objections thereto, and the court shall hear first the objections 65 on behalf of the plaintiff and thereafter those on behalf of the defendant. At 66 the request of either party the court shall hear the objections to the charge 67 out of the presence of the jury. 68 Tenth — Fuethee instructions asked by juky.] If, after an oral charge is 69 given and the jury have retired, they return into court for further instructions, 70 the court may give such additional charge as the court may deem necessary, but 71 the charge shall be given only in the presence of the parties or of their attorneys, 72 and whenever such additional charge is given it shall be taken down in short- 73 hand, transcribed, signed and filed, and it may be objected to in the manner here- 74 inbefore provided for with respect to the original charge. 75 Eleventh— CnABGB to be oral, unless, etc.] The charge to the jury shall, in 76 all cases, be oral unless the judge, at or before the calling of the action for trial, 77 shall have announced that the instructions to the jury shall be given in writing. 364 78 Twelfth — Propositions when charge is in writing.] When the judge elects 79 to charge the jury in writing each party shall be at liberty to present to the judge, 80 for his approval or disapproval, such propositions in writing as such party may 81 wish to give to the jury as a part of the instructions : Provided, however, that 82 siach propositions shall be presented to the judge and a copy thereof given to the 83 opposite party prior to the commencement of the closing argument to the jury. 84 TMr^eewif/j.— Endorsements on margin.] When, in case the charge is given 85 in writing, instructions are asked which the judge cannot give, he shall, on the 86 margin thereof, write the werd "refused," and upon the margin of such as he 87 approves he shall write the word ' ' given, ' ' and he shall in no case, after instruc- 88 tions in writing are given, qualify, modify or in any manner explain the same to 89 the jury otherwise than in writing. 90 Fourteenth — Objections to written instructions to be stated.] When in- 9:1 structions are given in writing each party shall, before the reading thereof by 92 the court to the jury, be afforded an opportunity to examine the same and shall 93 state to the court his objections thereto and may be required by the judge to point 94 out such objections specificallv. Sec. 536. Procedure on motion to direct verdict.] Whenever, in any action 2 tried by jury, a motion shall be made that the court direct the jury to return a 3 specified verdict and the court shall be of the opinion that such motion should be 4 sustained, the court, before allowing the motion and directing the verdict, shall, 5 upon the motion of either party, particularly specify the grounds of the allow- 6 ance of such motion and, if the same be allowed on account of any defect in proof, 7 the court shall specify particularly such defect and shall allow such defect to 8 be supplied, if the same can be supplied conveniently, and, if the same be not sup- 9 plied and the verdict be so directed, the judgment of the court shall not be af- 10 firmed upon appeal or writ of error excepting for the defect so pointed out, un- 11 less, upon the whole case, the supreme court or the appellate court, as the case 365 12 may be, shall be of the opinion there could be no proof supplied which would 13 justfy any different verdict. Sec. 537. CouKT may obdek non-slut, when.] Whenever, upon the trial of 2 an action tried by jury, the court shall be of the opinion that the evidence intro- 3 duced by the plaintiff is insufficient to support a verdict in his favor, the court 4 may, in its discretion, whenever it thinks justice will be promoted thereby, 5 order that the plaintiff be non-suited instead of directing a verdict in favor of 6 the defendant. Sec. 538. Veedict — isedtjcing to foem— cobrecting.] It shall be sufficient 2 for the jury to pronounce their verdict by their foreman in open court without 3 reducing the same to writing and the clerk shall enter the same in form under 4 the direction of the court. Whenever the jury return a verdict in writing and 5 the same appears to be defective, either in form or substance, the court may 6 correct the same so that the same shall express the real intention of the jury. Sec. 539. General, and special veedict.] In any action, other than a crim- 2 inai action, the jury may render, in their discretion, either a general or a special 3 verdict ; and in any case in which they render a general verdict they may be re- 4 quired by the court, and must be so required at the request of any party to the 5 action, to find specially upon any material question or questions of ultimate fact 6 which shall be stated to them in writing, which question or questions of ultimate 7 fact shall be submitted by the party requesting the same to the adverse party be- 8 fore the commencement of the argument to the jury. When a special finding of 9 ultimate fact is inconsisent with the general verdict the former shall control the 10 latter and the court may render judgment accordingly. Sec. 540. Sepaeation of juboes befoee eetieement disceetionabt— teeat- 2 ment of jueobs when kept togethee.] Hereafter the separation of jurors in 3 any action, civil, quasi criminal or criminal, during the progress of the trial and 366 4 before they retire to consider of their verdict, shall be within the discretion of 5 the judge presiding at the trial. It shall be the duty of the presiding judge, in 6 all cases in which the jurors are required to be kept together during the pro- 7 gress of a trial, to see that they are humanely treated and furnished with proper 8 food and accommodations for sleep, rest and recreation, the expense thereof to 9 be paid out of the county treasury. Sec. 541. Oath to officbb attending jury unnecessaky.J It shall be un- 2 necessary hereafter to administer any oath to any officer who is to attend any 3 jury in any action, civil, criminal or quasi criminal, when they retire to consider 4 of their verdict, but every officer so attending any jury when they retire to con- 5 sider of their verdict shall be bound by his official oath to keep the jury together 6 and not suffer others to speak to them, excepting for the purpose of supplying 7 them with food as hereinafter provided, until they shall have agreed upon their 8 verdict, excepting as may otherwise be directed by the court. Sec. 542. Jurors to be supplied with food, etc.— sleep and rest.] During 2 the retirement of the jury to consider of their verdict they shall, unless the court 3 shall otherwise so expressly direct, be supplied, at proper times, by the officer 4 or officers attending them, with food and drink, intoxicating liquors excepted, and 5 with proper accommodations for sleep and rest during the hours usually devoted 6 thereto, and during the hours devoted to such sleep and rest the jurors may be 7 separated from each other to such extent as the officer or officers in charge of 8 the jury may deem necessary or proper, or as the court may direct, due care be- 9 ing taken to prevent others speaking to them during their retirement. Sec. 543. Sealed verdicts.] The court may, in its discretion, direct the jury 2 in any action, civil, criminal or quasi criminal, other than a capital case, in case 3 they shall agree upon their verdict while the court is not in actual session for 4 the trial of actions, to write out, sign and seal up their verdict and deliver the 367 5 same to their foreman to be returned by such foreman into court in such manner 6 as the court may direct. Upon the signing and sealing up of any such verdict 7 the jury may separate and appear in court at the time so directed. Any verdict 8 so signed and sealed up and returned into court shall be as valid and binding 9 as 'if the same had been rendered by the jury in open court in the first instance: 10 Provided, however, that, in any criminal action in which the punishment may be 11 confinement in the penitentiary, no such separation of the jury after the sign- 12 ing and sealing up of their verdict shall be allowed, if the defendant, at the time 13 the jury retire, shall expressly object thereto. When the jury are allowed to sep- 14 arate after the signing and sealing up of their verdict the right of either party 15 to poll the jury shall not be exercised. Sec. 544. CouBT may auliOW jtjbors use of transcbipt of evidence.] When- 2 ever the proceedings in any action tried by jury, whether civil, criminal or quasi 3 criminal, have been taken down stenographically by a court stenographer and 4 have been transcribed before the jury shall have agreed upon their verdict, the 5 court may, in its discretion, at the request of the jury, permit the jury the use 6 of such transcript. Sec. 545. What papers jury may take.] Papers, other than depositions 2 read in evidence, may be taken by the jury when they retire, and depositions 3 read in evidence may also be so taken when the jury is allowed to use a transcript 4 of the stenographic notes of the evidence as provided in the preceding section. Sec. 546. Motion fob new trial — notice and copies of affidavits to be 2 SEBVED — OBAL EXAMINATION OF WITNESSES — ENTBY OF JUDGMENT DELAYED.] Every 3 motion for a new trial in a case tried by jury shall be in writing and shall be filed 4 with the clerk and notice of the filing of the same shall be given to the adverse 5 party together with copies of all affidavits, if any, which are to be read in ev- 6 idence in support thereof. It shall be unnecessary in any motion for a new trial 368 7 to specify the grounds therefor. When any affidavit is filed in support of a mo- 8 tion for a new trial the court, upon the hearing of the motion, may, in its discre- 9 tion, require the party making the affidavit to attend in person and to testify in 10 open court. A motion for a new trial may be entered at any time before final 11 judgment and no final judgment shall, without the consent of the parties, be en- 12 tered upon the verdict of a jury within five days after the rendition of such ver- 13 diet, nor, in case of the entry of a motion for a new trial, until the disposition 14 of such motion. Sec. 547. Propositions of law oe motion fok new teial, unnecessary in ac- 2 tion tried by cotTET.J In any action tried by the court without a jury it shall be 3 unnecessary for either party to present to the court any propositions to be held 4 as law in the decision of the case, or to move for a new trial. Sec. 548. Motion in arrest not allowed.] No motion in arrest of judgment 2 shall be hereafter allowed in any civil or quasi criminal action. Sec. 549. When non-stjit to be claimed.] Every person desirous of suffer- 2 ing a non-suit shall be barred therefrom, unless he do so before the jury retire 3 from the bar, or, if the action is tried by the court without a jury, before the ac- 4 tion is submitted for final decision. Sec. 550. Action not to be dismissed foe mistake in form.] No action at 2 law shall be dismissed because of any mistake in the form in which the same 3 is brought, nor because the same should hsive been brought as an action in 4 equity, unless the same shall have [been so brought in bad faith ; but the court 5 shall order all mistakes in form corrected, and, if the action should have been 6 brought as an action in equity, and the same can not be as conveniently and 7 satisfactorily disposed of as an action at law, the court shall order the proper 8 pleadings to be filed and shall proceed to the final disposition of the action as 9 if the same had been brought in the proper form in the first instance. 369 Sec. 551. Order of precedence in disposition of actions at law.] In the 2 disposition of actions at law, other than criminal actions, the following order of 3 precedence shall be observed, as nearly as may be found practicable consistently 4 with other provisions of this act: 5 First — Actions in name of people by attorney generali or state's attor- 6 NEY.] Actions brought in the name of the People of the State of Illinois or in 7 the name of the State of Illinois, by the Attorney General or state's attorney, 8 shall take precedence over aU other actions. 9 Second— M.ATSDAMVS, quo wakkanto, certiorari.] Actions of mandamus, ac- 10 tions of quo warranto and actions of certiorari shall take precedence over aJI 11 other actions than those specified in Clause First above. 12 Third— FofLCiBL.B detainer.] Actions of forcible detainer shall take preced- 13 ence over all other actions than those specified in Clauses First and Second 14 above. 15 Fourth— Tbiaj, of right of property, attachment, replevin, etc.] Actions 16 for the trial of the right of property, actions of attachment in which personal 17 property has been levied upon under the writs and actions of replevin in which 18 personal property has been replevied under the writs, shall take precedence over 19 all other actions than those specified in Clauses First, Second and Third above. 20 Fifth — Day to be set apart foe trial of actions without jury.] In every 21 court the business of which is sufficient to occupy the time of two or more 22 judges during the entire year, one day in each week shall be set apart for the 23 trial of actions at law to be tried without a jury, and such number of judges, 24 when practicable, shall be assigned to the trial of such actions as may be neces- 25 sary to secure the disposition on such day, of all such actions as may be noted 26 for trial, and upon such day actions in which the amount claimed by the plain- 27 tiff does not exceed five hundred dollars ($500) shall take precedence over all 28 actions in which the amount claimed by the plaintiff exceeds five hundred dollars 29 (^500), it being the intention hereof that every such action involving not ex- 370 30 ceeding five hundred dollars ($500) shall be disposed of with the least practic- 31 able inconvenience and delay to the parties thereto. Sec. 552. Peoceduke not otherwise provided for.] In all matters not pro- 2 vided for by this act the procedure in actions at law shall be such as may be 3 prescribed by such rules as may be adopted by the respective courts in the man- 4 ner authorized by this act, and, where no provision is made by this act or by 5 such .rules, then as nearly in accordance with the methods of procedure hereto- 6 fore prevailing in this state in actions at law as may be consistent with the gen- 7 eral spirit and intention of this act. DIVISION XXX. MANDAMUS. Section. 553. How action of mandamus commenced — pleadings 554. Requisites of petition. 555. Summons — when appearance required. 556. Exceptions to petition. 557. Demurrer to petition. 558. Answer to petition. 559. Exceptions to answer. 560. Demurrer to answer. 561. When cause at issue. 562. Trial upon petition and answer. 563. Time for excepting, demurring or an- swering. 564. Judgment. 565. Writ of mandamus unnecessary. Section. 566. 567. 568 569 570. 571 572. 573 574^ 575 576. Mandamus to be allowed when suita!ble remedy. Plaintiff may be compelled to do equity. Equitable relief may be granted to plaintifif. Mode of trial. Reference to a master. Mandamus to test validity of law or ordinance. Form of petition. Supreme court to entertain jurisdiction in all cases. Practice in supreme court. Other matters to be regulated by rule. Supreme court may change pleadings. Sec. 553. How action op mandamus commenced — pleadings.] The action 2 of mandamus shall be commenced by the filing by the plaintiff of a peti- 3 tion in the form prescribed in the succeeding section. The pleadings in the 371 4 action shall be the petition of the plaintiff, the exceptions, demurrer and answer 5 thereto by the defendant, and the exceptions and demurrer by the plaintiff to 6 the answer of the defendant. Sec. 554. Requisites of PETinoN.J The petition shall specify the court in 2 which the action is brought, the names of the parties thereto, and the classi- 3 fication and number of the action, and shall contain an introduction 4 stating that the plaintiff brings his action of mandamus against the 5 defendant and thereafter, as concisely as may be, a narrative of the material 6 facts, matters and circumstances on which the plaintiff relies for relief, such 7 narrative to be divided into paragraphs numbered consecutively and each para- 8 graph to contain, as nearly as may be, a separate and distinct matter or allega- 9 tion. Its language shall be as brief and concise as is consistent with the under- 10 standing by the court of the case intended to be stated by the plaintiff and to that 11 end it shall be liberally construed in favor of the plaintiff. It shall be complete 12 in itself and shall contain no reference to any exhibit, but when any paper, docu- 13 ment or record of any kind is material to the statement of the plaintiff's case 14 the substance thereof, or of the portion thereof which is material to the plain- 15 tiff's case, shall be stated or the entire paper, document ^r (record shall be 16 embodied in a paragraph of the petition. It shall pray specifically, but, as far 17 as may be practicable, by the use of abbreviated forms the meaning of which may 18 be readily understood by the court, for the relief which the plaintiff may con- 19 ceive himself entitled to and also for general relief and the prayer shall be 20 divided into paragraphs numbered consecutively each praying separate relief. 21 It shall be verified by the affidavit of the plaiatiff, his agent or attorney, that the 22 same is true in substance and in fact, excepting such matters as are therein 23 stated to be alleged upon information and belief, and that, as to such matters so 24 alleged, the plaintiff, or his agent or attorney, as the case may be, believes it 25 to be true. It shall contain no prayer for process, but such process shall be 372 26 issued or such notice shall be given to the defendants as may be required by the 27 plaintiff by a note at the foot of the petition. Sec. 555. SuMMONSi— wHEiN APPEABANCE BEQuiBED.J The suuimons in an 2 action of mandamus shall require the appearance of the defendant on some 3 Monday not less than five (5) nor more than thirty (30) days after the date there- 4 of: Provided, however, that the court, by special order as provided in section 5 one hundred seventy-seven (177) of this act, may provide for an earlier date 6 for such appearance. Sec. 556. Exceptions to petition.] Exceptions may be filed by the de- 2 fendant to allegations of a petition which are scandalous or impertinent. The 3 form of such exceptions shall be the same, as near as may be, as that provided 4 in this act for exceptions to bills of complaint in equity and the proceedings 5 thereon shall likewise be the same, as near as may be, as in cases of exceptions 6 to such bills of complaint. ft Sec. 557. Demtjrreb to petition.] If the defendant conceives the petition 2 to be insufficient in law he may file a demurrer to the same, either without filing 3 exceptions thereto or after such exceptions have been filed and the judgment of 4 the court has been taken thereon. Such demurrer shall be general and the form 5 thereof, after the specification of the court in which the action is pending and the 6 title, classification and number of the action, shall be "the defendant demurs 7 to the petition," or words substantially equivalent thereto. Sec. 558. Answek to petition.] If the defendant does not except or de- 2 mur to the petition, or if his exceptions or demurrer thereto be overruled, he 3 shall file an answer thereto. Every answer shall state that the defendant answers 4 the petition, or so much of the petition as the defendant elects to answer, and 5 shall answer fully all the allegations of the petition, excepting such as are not 6 required to be answered by reason of exceptions or demurrer thereto allowed. 373 7 It shall contain not only the defendant's answer to the several paragraphs of 8 the petition, but thereafter such statement of his case as he may deem it neces- 9 sary or advisable to make, and such answer shall also be divided into para- 10 graphs numbered consecutively, each paragraph containing, as nearly as may be, 11 a separate and distinct allegation; and such answer shall be full and explicit 12 and distinct to each separate paragraph of the petition in the same order as 13 numbered in the petition before it enters upon any statement of the defend- 14 ant's case. When the answer admits or denies any entire paragraph of the 15 petition, it shall state the number of the paragraph so admitted or denied with- 16 out repeating the Language of such paragraph or any portion thereof. When 17 it admits a portion of a paragraph and denies the residue, it shall set forth that 18 it admits a portion thereof, setting forth the portion admitted, and denies the resi- 19 due, or that it denies "a portion thereof, setting forth the portion denied, and 20 admits the residue. Every answer shall be verified by the affidavit of the de- 21 fendant, or, in case there are several defendants, by the affidavit of any one or 22 more of them cognizant of the facts, in substantially the same form as the affi- 23 davit required to be made by the plaintiff in verifying his petition. Sec. 559. Exceptions to answer.] Exceptions may be filed by the plain- 2 tiff to an answer for scandal or impertinence. The form of such exceptions 3 shall be the same, as near as may be,as that prescribed by this act for exceptions 4 taken to an answer in equity for the like cause. Sec. 560. Demurrer to answer.] If the plaintiff does not except to the 2 answer, or if he file exceptions thereto and the judgment of the court has been 3 taken thereon, he may file a demurrer thereto, such demurrer to be in a form 4 similar, as nearly as may be, to a demurrer to the petition. Sec. 561. When cause at issue.] ] If the plaintiff does not except or demur 2 to the answer, or if his exceptions or demurrer thereto be overruled, in whole or 374 3 in part, and the plaintiff do not amend his petition, the cause shall be deemed at 4 issue and shall stand for trial. Sec. 562. Trial upon petition and answer.] When the action shall be at 2 issue the same may, upon the application of the plaintiff, be set for trial upon 3 the petition and answer, in which case the answer shall be taken as true. If 4 the action be not set for trial upon petition and answer the court shall proceed 5 to the trial of the issues in the same manner as in other actions at law, excepting 6 as may be hereinafter provided. Sec. 563. Time for excepting, demurring or answering-] The time within 2 which the defendant shall be required to except, demur to or answer the petition 3 shall be five days after the entry of his appearance,, and the time within which 4 the plaintiff may except or demur to an answer shall be five days after the 5 filing of the same, but the court, whenever, in its judgment, such course is neces- 6 sary or proper, may either diminish or enlarge such time. Sec. 564. Judgment.] The judgment in an action of mandamus, if for the 2 defendant, shall be that the defendant go hence without day and recover of the 3 plaintiff his costs, but if for the plaintiff it shall be that the defendant shall per- 4 form such act as the facts, either admitted by the pleadings, or established by the 5 finding of the court or by the verdict of the jury, shall entitle the plaintiff to 6 have performed by the defendant. Sec. 565. Writ- of mandamus unnecessary.] No writ of mandamus shall 2 be necessary to enforce any judgment entered in favor of the plaintiff in an 3 action of mandamus, but the defendant shall be bound to take notice of the 4 judgment and to perform the same within such time as may be fixed by the 5 court for such performance, without further notice, and for failure so to do may 6 be punished as for a civil contempt of court. 375 Sec. 566. Mandamus to be allowed when suitable remedy.] The action of 2 mandamus may be maintained in all cases in which it has been allowed hitherto 3 and in evcFy other case in which it may furnish a suitable remedy to the plain- 4 tiff with respect to the relief to which he may appear to be entitled, and no 5 judgment in an action for mandamus, if the same appears to do justice between 6 the parties thereo, shall be reversed because of any supposed impropriety in the 7 form of the action. Sec. 567. Plaintiff may be compelled to do equity.] The court, as a con- 2 dition to the granting of relief to the plaintiff, may require of him the perform- 3 ance of any act to the performance of which the defendant, on his. part, in 4 equity and justice may appear to be entitled. Sec. 568. Equitable belief may be granted to plaintiff.] In any action 2 of mandamus the court may grant to the plaintiff any equitable or other relief 3 to which the plaintiff may appear, from the pleadings or proofs, to be entitled 4 as against the defendant and which may be necessary or proper to the attain- 5 ment of a full and complete measure of justice between the parties respecting the 6 matters in controversy between them. Sec. 569. Mode of trial.] Every action of mandamus shall be tried by the 2 court without a jury, unless the plaintiff at the time he commences his action, 3 or the defendant at the time he enters his appearance, shall file with the clerk 4 of the court in which such action is commenced a demand in writing of a trial 5 thereof by jury, which demand, however, may be withdrawn by the party filing 6 the same at any time before trial. If the demand be by the plaintiff it may be 7 set forth in a note annexed to his petition, and if it be by the defendant it shall 8 be embodied in and form a part of his appearance in writing. Sec. 570. Reference to a master.]* When, in any action of mandamus to 2 be tried without a jury, there shall be. an issue of fact, the court may, in its dis- 376 3 eretion, refer it to a master in chancery to take the evidence and report the 4 same to- the court, and in such case the master's report with the evidence accom- 5 panying the same shall constitute a part of the record of the action for the pur- 6 poses of an appeal or writ of error. The method of procedure before the master 7 in such ease shall be the same, as near as may be, as in an action in equity. Sec. 571. Mandamus to test validity of law or obdiistance.] Any citizen 2 of this State may maintain in the supreme court, or in any other court of compe- 3 tent jurisdiction, an action of mandamus for the determination of the question 4 whether any act passed by the General Assembly of this State and published, 5 or about to be published, as, or puri)orting to be, a law of this State, or any 6 ordinance adopted by the city council, board of trustees or other competent body 7 of any municipal corporation of this State and published, or about to be pub- 8 lished, as, or purporting to be, an ordinance of such municipal corporation, is 9 or is not, in whole or in part, a valid law or ordinance, as the case may be. 10 Such action may be commenced as well before as after the time fixed for the 11 taking effect of such act or ordinance. The mode of procedure in any such ac- 12 tion shall be substantially as follows : 13 First — Secretary of state or clerk of municipal corporation to be dbfend- 14 ANT. J When such action concerns the validity of an act of the General Assem- 15 bly, the same shall be brought against the Secretary of State as the sole defend- 16 ant, and when the action concerns the validity of an ordinance of a municipal 17 corporation, the same shall be brought against the clerk of such corporation as 18 the sole defendant. 19 Second — Frame of petition.] The petition shall specify the court in which 20 the action is brought, the names of the parties thereto and the classification 21 and number of the action, and shall contain an introduction stating, that the 22 plaintiff brings his action of mandamus against the defendant and shall there- 23 after set forth, (a) that the plaintiff is a citizen of this State; (b) the passage 377 24 or adoption of the act of the General Assembly or of the ordinance of the mnni- 25 cipal corporation, the validity of which, in whole or in part, is questioned, the 26 same to be either set forth in fuU or so described that the same may be readily 27 identified; (c) that the plaintiff believes such act of the General Assembly or or- 28 dinance to be invalid, either in whole or in part, and, if in part, specifying the 29 part, either because the same is one which, or some specified part of which 30 the General Assembly or the municipal corporation had no power to 31 pass or adopt, or because the same was not passed or adopted in 32 the manner required by the constitution* or by law, in which latter case the 33 particulars in which the constitution or law was disregarded are to be speci- 34 fied; and (d) that the plaintiff brings the action in good faith and for no 35 other purpose than to enable the plaintiff and the other people of this State to 36 know whether such act of the General Assembly, or ordinance of such mimici- 37 pal corporation, is or is not valid, in whole or in part. It shall pray that the 38 defendant be commanded to cancel, in such manner as the court may direct, the 39 act or ordinance, or so much thereof as may be adjudged invalid, and also for 40 general relief. It shall be verified by the affidavit of the plaintiff that the same 41 is true to the best of the plaintiff's knowledge, information and belief. It shall 42 contain no prayer for process, but such process shall be issued as may be re- 43 quired by the plaintiff by a note at the foot of the petition, or by an order of court. 44 T/i/rrf— Summons axd other proceedixgs.] The summons shall be issued 45 and served and the other proceedings, excepting as herein otherwise provided, 46 shall be had, as near as may be, in accordance with the provisions of this act 47 pertaining to other actions of mandamus. 48 Fourth Appeal to supreme court \\-hex act or ordinance hbu) invalto.] 49 When such action is brought in any court other than the supreme court and 50 such act or ordinance is held by such court to be invalid and the defendant is 51 commanded to cancel the same in whole or in part, .the court shall, in its judg- 52 ment, allow an appeal to the defendant to the supreme court and it shall be the 378 53 duty of the defendant to prosecute such appeal and the judgment of the court 54 shall not be enforced until the final determination of such appeal. 55 Fifth — Effect of judgment when act ok ordinance held valid.] In case 56 the action is brought in a court other than the supreme court and the judgment of 57 the court is in favor of the validity of such act or ordinance, or of so much thereof 58 as is alleged to be invalid, such judgment shall not be given force or effect in any 59 other action unless an appeal be prosecuted therefrom to the supreme court and 60 such judgment be by the supreme court affirmed. 61 Sixth — Notice of proceeding in supreme court — opportunity to be heard.] 62 When any such action is pending in the supreme court, whether the same be 63 brought there originally or whether it be brought there by appeal, the court 64 may, in its discretion, cause suitable notice to be published of the pendency of 65 action and the purpose thereof, and may afford to persons not parties to the 66 action such opportunity to be heard as the court may deem necessary to a full 67 and complete hearing and a just and proper determination thereof. » 68 - Seventh— KcTios to have precedence.] Any action so brought shall take 69 precedene6 over every other action excepting one of the same character in the 70 court in which the same is brought or pending by appeal or otherwise, and 71 shall be determined as speedily as may be consistent with a full hearing and a 72 proper determination thereof. 73 Eighth — Effect of judgment of supreme court.] A judgment of the su- 74 preme court the effect of which is to determine that any such act or ordinance 75 is invalid, in whole or in part, shall be final and conclusive as to all contracts 76 made, acts done or rights or liabilities accruing thereunder subsequent to the 77 entry of such judgment, and such act or ordinance, or so much thereof as is 78 held to be invalid, shall thenceforth be deemed and held to be null, void and of 79 no effect as to such contracts, acts, rights and liabilities, but such judgment 80 shall be without prejudice to any subsequent adjudication by the supreme court 81 respecting any contract made, act done, or right or liability accrued prior to the 82 entry of such judgment. 379 Sec. 572. Form of petitiok.J The following form of petition provided for 2 by the preceding section shall be deemed sufficient and shall he taken as furnish- 3 ing suggestions from which other petitions may be properly framed: 4 In the Supkbme Court of Illinois. 5 John Doe, 1 6 V. ^Mandamus. No. 25. 7 James A. Rose, as Secretary of State. I 8 Petition for Mandamus. 9 The plaintiff brings this his action of mandamus against the defendant and 10 says : 11 1. Plaintiff is a citizen of the State of Illinois. 12 2. The General Assembly of the State of Illinois, at a session held in th& 13 year 1910, passed an act entitled (here insert title of act), which act was ap- 14 proved by the Governor of the State, and, if valid, took effect July 1, 1910, the 15 same being in the words and figures following, to-wit: 16 (Here insert copy of act.) 17 3. Plaintiff believes that said act is invalid because the same is one which 18 the General Assembly had no power to pass. 19 4. Plaintiff brings this action in good faith and for no other purpose than 20 to enable the plaintiff and the other people of this State to know whether said 21 act is or is not a valid law. 22 Wherefore plaintiff prays as follows: 23 First— Thai the defendant may be required to cancel said act in such manner 24 as the court may direct. 25 Second— For general relief. 26 John Doe, 27 By William Smith, 28 ■ His Attorney. 29 John Doe on his oath says that the foregoing petition is true to the best of 30 his knowledge, information and belief. gl John Doe, 32 ' ' Subscribed and sworn to before me this 10th day of August, 1910. 33 John Smith, 3^ Clerk. - 35 ~ Note. 36 The clerk will issue a summons to the defendant requiring the appearance 37 of the defendant on such date as may be ordered by the court. 380 38 (If the validity of only part of an act is questioned, or if an ordinance is 39 brought in question, in whole or in part, the above form may be varied from 40 accordingly.) Sec. 573. Supreme court to entertain jurisdiction in all cases.] Here- 2 after it shall be the duty of the supreme court to entertain jurisdiction in every 3 action of mandamus brought in said court, when the petition of the plaintiff 4 states a case entitling the plaintiff to the relief proper to be given in such 5 action. Sec. 574. Practice in supreme court.] The practice in the supreme court 2 in actions of mandamus shall be the same, as near as may be, as is prescribed by 3 this act for courts of original jurisdiction, excepting that neither party shall be 4 entitled to a trial by jury as a matter of right. When evidence is to be taken 5 upon any question of fact, it may be taken before any master in chancery or other 6 officer designated by the court or agreed upon by the parties. Sec. 575. Other matters to be regulated by rules.] All matters of prac- 2 tice in the action of mandamus not provided for by this act, whether in courts of 3 original jurisdiction or in the supreme court, shall be regulated by rules to be 4 adopted from time to time by the supreme court, or, in default of such rules, 5 they shall be regulated by the rules heretofore in force in reference to such 6 matters so far as may be practicable consistently with the general spirit and in- 7 tention of this act. Sec. 576. Supreme court may change pleadings.] The supreme court 2 shall have power, by any rule or rules, to change the method of pleading in 3 actions of mandamus in such manner and to such extent as the court may deem 4 proper and expedient. 381 DIVISION XXXI. QUO WARBANTO. Section. 577. When quo warranto may be brought. 578. How action commenced. 579. Summons — when appearance required. 580. Pleadings — suprerne court may change. Section. 581. Information. 582. Time for defendant to demur or plead. 583. Time for plaintiff to plead, etc. 584. Judgment. 585. Other proceedings. Sec. 577. When quo wareanto may be brought.] Tihe action of quo 2 warranto may be brought by the Attorney General, or State's attorney of the 3 proper county, either of his own accord or at the instance of any individual 4 relator, to obtain an appropriate remedy in case any person shall usurp, in- 5 trude into or unlawfully hold or execute any office or franchise, or any office 6 in any corporation created by authority of this State (or any person shall hold 7 or claim to hold or exercise any privilege, exemption or license, which has been 8 improperly and without warrant of law issued or granted by any officer, board, 9 commissioner, court or other person or persons authorized or empowered by 10 law to grant or issue such privilege, exemption or license), or any public officer 11 shall have done or suffered any act which, by the provisions of law, works a 12 forfeiture of his office, or any association or number of persons act within this 13 State as a corporation without being legally incorporated, or any corporation 14 does or omits any act which amounts to. a surrender or forfeiture of its rights 15 or privileges as a corporation, or exercises powers not conferred by law, or any 16 railroad company doing business in this State shall charge an extortionate rate 17 for transportation of any freight or passenger, or shall make an unjust discrim- 18 ination in the rate of freight or passenger traffic over or upon its railroad. Sec. 578. How action commenced.] Every action of quo warranto shall 2 be commenced' by the presentation to the proper court of an information set- 382 3 ting forth the facts constituting the usurpation or other wrongful act of the de- 4 fendant and an affidavit of some person cognizant of the facts showing facts 5 making it proper for the court to grant leave to file such infonuation, and ob- 6 taining such leave and filing with the clerk of such court such information and 7 a praecipe for a summons. Sec. 579. Summons— WHEN appeakance required.] The summons in an 2 action of quo warranto shall require the appearance of the defendant on some 3 Monday not less than five (5) nor more than thirty (30) days after the date 4 thereof: Provided, however, that the court, by special order, as provided in 5 section one hundred seventy-seven (177) of this act, may provide for an earlier 6 date for such appearance. Sec. 580. Pleadings— SUPREME court may change.] The pleadings in an 2 action of quo warranto shall be the same, as near as may be, as those hereto- 3 fore in use in such action : Provided, however, that the supreme court shall have 4 power, by any rule or rules, to change the method of pleading in actions of quo 5 warranto in such manner and to such extent as the court may deem proper and 6 expedient. Sec. 581. Information.] The information shall specify the court in which 2 the action is pending, the names of the parties thereto and the classification and 3 number of the action and shall contain an introduction stating that the Attorney 4 General or state 's attorney, either of his own motion or on the relation of some 5 other person, brings his action of quo warranto against the defendant and there- 6 after, as concisely as may be, a narrative of the material facts, matters and cir- 7 cumstances on which the plaintiff relies for relief, suQh narrative to be divided 8 into paragraphs numbered consecutively and each paragraph to contain, as near 9 as may be, a separate and distinct matter or allegation, and shall pray specific- 10 ally for the judgment which the plaintiff may conceive himself entitled to and 11 also for such other judgment as may be warranted by law. 383 Sec, 582. Time for dependant to demur or plead.] The defendant shall 2 be held to demur or plead to the information within three days after the day on 3 or before which he is required to enter his appearance, but the court, whenever, 4 in its judgment, such course is necessary or proper, may either diminish or en- 5 large such time. Sec. 583. Time foe plaintiff to plead, etc.] The court may allow the 2 plaintiff or any defendant such convenient time to demur, plead, reply or rejoin 3 as it shall deem just and reasonable. Sec. 584. Judgment.] In case any person or corporation against whom 2 any such information is filed is adjudged guilty as charged in the information, 3 the court may give judgment of ouster against such person or corporation from 4 the office or franchise and fine such person or corporation for usurping, intrud- 5 ing into or unlawfully holding and executing such office or franchise, and also 6 give judgment in favor of the plaintiff for the costs of the prosecution: Pro- 7 vided, however, that instead of judgment of ouster froih a franchise for an 8 abuse thereof, unless the court is of the opinion that the public good demands 9 such judgment, the court may fine the person or corporation found guilty in 10 any sum not exceeding twenty-five thousand dollars ($25,000) for each offense. 11 Whenever judgment is given for any defendant in such information, the per- 12 son or corporation to whom judgment is given shall recover costs against the 13 relator, if the action be brought on the relation of a third person. Sec. 585. Other proceedings] All other proceedings down to and includ- 2 ing the final judgment, except as otherwise provided by this act, shall be the 3 same, as near as may be, as heretofore provided by law. 384 DIVISION XXXII. CBBTIORAEI. Section. 586. When action may be instituted. Who may be plaintiff. Who must be defendants. How action commenced. Summons. 587 588, 589 590 591 Time for appearance of defendants- default. Section. 592. Appearance in writing — motion to dis- miss — answer. 593 .Effect of motion to dismiss. 594. Procedure upon motion to dismiss. 595. Answer. 596. Final judgment. Sec. 586. When action may be instituted.] The action of certiorari 2 may be instituted to bring before the court the record of the proceedings of an in- 3 ferior tribunal for review, when it is claimed that such inferior tribunal has ex- 4 ceeded its jurisdiction or has proceeded illegally. Sec. 587. Who may be plaintiff.] The plaintiff in such action may be 2 any person who may have a legal interest in the proceedings sought to be re- 3 viewed or whose personal or property rights may be affected by such proceed- 4 ings. Sec. 588. Who must be defendants.! The defendant or defendants in such 2 action shall be the persons constituting such inferior tribunal at the time of the 3 commencement of the action. Sec. 589. How action commenced.] Such action shall be commenced by the 2 filing by the plaintiff in the proper court of a petition setting forth the nature of 3 the plaintiff's case and the relief sought for. It shall specify the court in which 4 the action is pending, the names of the parties thereto and the classification and 5 number of the action. It shall contain an introduction stating that the plain- 6 tiff brings his action of certiorari against the defendant or defendants, and 7 thereafter a narrative of the material facts, matters and circumstances on which 385 8 the plamtiS relies, such narrative to he divided into paragraphs numbered con- 9 secutively, and each paragraph to contain, as nearly as may he, a separate and 10 distinct allegation. Its language shall be as brief and concise as is consistent 11 with the understanding by the court of the case intended to be stated by the 12 plaintiff and to that end it shall be liberally construed in the plaintiff's favor. 13 It shall be complete in itself and shall contain no reference to any exhibits, but 14 when any paper, document or record of any kind is material to the statement 15 of the plaintiff's case the substance thereof, or of the portion thereof which is 16 material to the plaintiff's case, shall be stated, or the entire paper, document or 17 record shall be embodied, in a paragraph of the petition. It shall pray specific- 18 ally, but, as far as may be practicable, by the use of abbreviated forms the mean- 19 ing of which may be readily understood by the court, for the relief to which the 20 plaintiff may conceive himself entitled and also for general relief and the prayer 21 shall be divided into paragraphs numbered consecutively, each praying separate 22 relief, but it shall contain no prayer for process, but such process shall be issued, 23 or such notice shall be given to the defendants, as may be required by the plain- 24 tiff by a note at the foot thereof. Sec. 590. Summons.] Upon the filing of the petition the clerk, when so 2 directed by the plaintiff, shall issue a summons to the defendants, which sum- 3 mons shall be in the same form, as near as may be, as other summonses in actions 4 at law and the same shall be served in the same manner as is provided by this 5 act as to summonses in other actions at law. Sec. 591. Time for appeakance of defendants— default.] Upon such sum- 2 mons being served upon the defendants they shall be bound to enter their ap- 3 pearances within the time required by this act for the entering of the appear- 4 ances of defendants in other actions at law, and upon their failing so to do, a de- 5 fault may be entered against them and the court may make an order requiring 6 them to certify to the court the record of the proceedings mentioned in the petition 386 7 within such time as may be specified in the order and may enforce compliance 8 with such order by attachment or other appropriate proceeding. Sec. 592. Appearance in writing— motion to dismiss— answer.] Upon the 2 appearance of the defendants they shall be required to file their appearances in 3 writing together with either first, a motion to dismiss the petition, or second, an 4 answer to the petition. Sec. 593. Effect op motion to dismiss.] A motion by the defendant or de- 2 fendants to dismiss the petition shall bring before the court the sufficiency of 3 such petition in point of law. Sec. 594. Procedure upon motion to dismiss.] If the motion to dismiss the 2 petition be found by the court to be well taken, the court shall dismiss the peti- 3 tion, unless the plaintiff shall so amend the same that the same shall be suf- 4 ficient in law. If, upon such motion, the petition is adjudged sufficient or an 5 amended petition is filed which the court deems to be sufficient, or, in case the 6 defendant does not elect to file a motion to dismiss the petition, the defendant 7 shall file an answer thereto. Sec. 595. Answer.] Every answer shall specify the court in which the 2 action is pending, the title, classification and number thereof, and shall state 3 that the defendant answers the petition. It shall be divided into paragraphs 4 numbered consecutively, each paragraph containing, as nearly as may be, a sep- 5 arate and distinct allegation. It shall set forth the record of the proceedings 6 sought to be reviewed and any matters, in addition to such record, upon which 7 the defendant or defendants rely as a defense to the action. Sec. 596. Final judgment.] If, upon the inspection of the record as set 2 forth in the answer of the defendant, the court is of the opinion that the 3 defendants have not exceeded their jurisdiction or 'proceeded irregularly, the 387 4 court shall dismiss the petition at the cost of the petitioners. If the court, upon 5 inspection of the record of the proceedings, is of the opinion that the defendants 6 have exceeded their jurisdiction or proceeded irregularly, the court shall enter 7 an order quashing the proceedings, unless the defendants shall set forth in their 8 answer and shall establish by proof facts and circumstances which satisfy the 9 court that no injustice has been done to the plaintiff by the piDceedings, or that 10 great public detriment and inconvenience might result from the quashing there- Jl of, in which case the co.urt shall dismiss the petition. DIVISION XXXIII. EJECTMENT. Section 597. When ejectment will lie. 598. Ejectment — how commenced. 599. Summons — when appearance required. 600. Practice in ejectment. 601. Description of premises and interest — recovery of part. 602. Specification of estate claimed. 603. Joinder of claims and parties. 604. Tenant to notify landlord — ^penalty. 605. Landlord may be admitted as defend- ant. 606. Previous demand unnecessary. 607. Effect of defense of not guilty. 608. What plaintiff need not prove. 609. Proof of entry, etc., by plaintiff un- necessary. 610. Title through common source. 611. Judgment to be according to rights of parties. 612. Judgment in several action. Section 613. Plaintiff to have judgment according to proof. 614. Verdict for plaintiff — how rendered. 615. Verdict for defendant — 'how rendered. 616. Judgment when plaintiff's title expires. 617. What the judgment shall be. 618. Damages in favor of party recovering. 619. Judgment conclusive. 620. Writ of possession — form. 621. Action for mesne profits. 622. How action prosecuted. 623. Setting off improvements. 624. Exemption of evicted person. 625. Notice of adverse claim — how given. 626. Upon whom notice binding. 627. Reference to master — master's report. 628. Action of court upon report. 629. Injunction against waste — receiver. Sec. 597. When ejectment will lie.] The action of ejectment may be 2 brought not only in cases in which it has heretofore been authorized, but it 388 3 mayi also be brought by any person, whether in or out of possession of the 4 premises claimed, or whether such premises be occupied, or vacant or unoccu- 5 pied, who claims a valid legal vested interest of any kind or character, whether in 6 possession or in reversion, in such premises against any other person or per- 7 sons as against whom the plaintiff seeks to establish the superiority of his own 8 interest or title, and in any such action the plaintiff may unite with his claim 9 of title or interest a claim against the defendant or defendants for use and 10 occupation thereof, or for damages with respect to such use and occupation. Sec. 598. Ejectment — how commenced.] Every action of ejectment shall 2 be commenced by the filing by the plaintiff, with the clerk of the proper court, 3 of a praecipe for a summons and a statement of the plaintiff's claim, describ- 4 ing the premises claimed and the particular title or interest therein claimed by 5 the plaintiff, substantially in the form prescribed by section two hundred fifty- 6 two (252) of this act. Sec. 599. Summons— WHEN appearance required.] The summons in an 2 action of ejectment shall require the appearance of the defendant on some Mon- 3 day not less than five (5) nor more than thirty (30) days after the date 4 thereof. : Sec. 600. Practice in ejectment.] The practice in actions of ejectment, 2 excepting as may otherwise be prescribed in this act, shall be as provided in 3 the following twenty-nine (29) sections of this act. Sec. 601. Description of premises and interest— recovery of part.] The 2 premises claimed shall be described in the' plaintiff's statement of claim with 3 convenient certainty, so that, from such description, possession of the premises 4 claimed may be delivered. If the plaintiff claims any undivided share or inter- 5 est in any premises, he shall state the same particularly in such statement of 6 claim ; but the plaintiff, in any case, may recover, such part, share or interest in 7 the premises as he shall appear on the trial to be entitled to. 389 See. 602. Specificat^ion of estate claimed.] In every case the plaintiif 2 shall state whether he claims in fee, or whethier he claims for his own life, or 3 the life of another, or for a term of years, specifying such life or the duration 4 of such term. Sec. 603. JoiNDEE OF CLAIMS AND PARTIES.] Several claims may be united 2 in, the same action and several parties may be nanied as plaintiffs jointly as 3 to one claim and separately as to others. Sec. 604. Tenant to notify landloed— penalty.] Every tenant who shall 2 at any time be sued in ejectment by any person other than his landlord shall 3 forthwith give notice thereof to his landlord, or to his agent or attorney, under 4. lihe penalty, of forfeiting two years' rent for the premises in question, or the 5 value thereof,- to be recovered by such i landlord by any action at law in any 6 o0H or by any person over the age of eighteen years, not a party 5 to the action. When service or execution of any writ of habeas corpus is made 6 by any sheriff, deputy sheriff, coroner, deputy coroner, bailiff or deputy bailiff, 7 proof of such service may be made by the return of such officer endorsed upon 8 a copy of such writ and signed by him. "When service of any writ of habeas cor- 9 pus is made by any person other than a sheriff, deputy sheriff, coroner, deputy 10 coroner, bailiff or deputy bailiff, proof of such service shall be made by the affi- 11 davit of the person making such service endorsed on a copy of such writ or at- 12 tached thereto, which affidavit shall state the name, place of residence, age and 13 occupation of the person making such service and the fact that he is not a party 14 to the actioD and shall set forth the date, place and manner of such service. Sec. 640. When expenses to be tekdered officer.] When the person con- 2 fined or restrained is in the custody of a civil officer, the court granting the writ 3 shall certify thereon the sum to be paid for the expense of bringing him from 4 the place of imprisonment, not exceeding ten cents per mile, and the officer shall 5 not be bound to obey it unless the sum so certified is paid or tendered to him 6 and security is given to pay the charges of carrying him back if he should be 7 remanded : Provided, however, that if such court shall be satisfied that the 404 8 person so confined or restrained is a poor person and unable to pay such ex- 9 pense, then such court shall cause a certificate thereof to be endorsed on such 10 writ, and in such case no tender or payment of expenses need be made or secur- 11 ity given, as aforesaid, but the officer shall be bound to obey such writ. Sec. 641. Eeturn.] The officer or person upon whom such writ is served 2 shall state in his return plainly and unequivocally the following: 3 First— As to custody or control, of party.] Whether he has or has not 4 the party in his custody or control or under his restraint, and if he has not, 5 whether he has had the party in his custody or control or under his restraint at 6 any and what time prior or subsequent to the date of the writ. 7 Second— AvTnomTY for restraint.] If he has the party in his custody or 8 control or under his restraint, the authority and true cause of such imprison- 9 ment or restraint, setting forth the same at large. 10 Third— GoFY or writ, etc.] If the party is detained by virtue of any writ, 11 warrant or other written authority, a copy thereof shall be annexed to the re- 12 turn and the original shall be produced and exhibited on the return of the writ 13 to the court before whom the same is returnable. 14 Fourth.— Tbassfer of custody— return to be signed, etc.] If the person 15 upon whom the writ is served has had the party in his custody or control or 16 under his restraint at any time prior or subsequent to the date of the writ, but 17 has transferred such custody or restraint to another, th« return shall state 18 particularly to whom, at what time, for what cause and by what authority such 19 transfer took place. The return shall be signed by the person making the 20 same and, except where such person is a sworn public officer and makes the re- 21 turn in his official capacity, it shall be verified by oath. Sec. 642. Officer to produce body unless, etc.] The officer or person 2 making the return shall, at the same time, bring the body of the party, if in his 3 custody or power or under his restraint, according to the command of the writ, 4 unless prevented by the sickness or infirmity of the party. 405 Sec. 643. Proceduee when party is sick or infirm.] "When, from the sick- 2 ness or infirmity of the party, he cannot wi&out danger be brought to the place 3 appointed for the return of the writ, that fact shall be stated in the return, 4 and, if it is proved to the satisfaction of the court, the judge thereof may pro- 5 ceed to the jail or other place where the party is confined and there make his 6 examination, or he may adjourn the same to such other time or make such other 7 order in the case as law and justice require. Sec. 644. Refusal to obey writ— penalty.] If the officer or person upon 2 whom such writ is served refuses or neglects to obey the same, by producing 3 the party named in^ the writ and making a full and explicit return thereto, with- 4 in the time required by this act and no sufficient excuse is shown for such re- 5 fusal or neglect, the court before whom the writ is returnable, upon proof of 6 the service thereof, shall enforce obedience by attachment as for contempt, and 7 the officer or person so refusing or neglecting shall forfeit to the party aforesaid 8 a sum not exceeding five hundred dollars ($500) and be incapable of holding 9 office. Sec. 645. Writ may issue with attachment.] The court may also, at the 2 same time or afterwards, issue a writ to the sheriff or other person to whom 3 such attachment is directed, commanding him to bring forthwith before the 4 court the party for whose benefit the writ was allowed, who shall thereafter re- 5 main in the custody of such sheriff or other person until he is discharged, bailed 6 or remanded, as the court shall direct. Sec. 646. Writ may require officer to take party restrained.] Whenever 2 it shall appear by the complaint or by affidavit that any one is illegally held 3 in custody or restraint, and that there is good reason to believe that such per- 4 son will be taken out of the jurisdiction of the court before whom the applica- 5 tion for a habeas corpus is made, or will suffer some irreparable injury before 406 6 compliance with the writ can be enforced, such court may cause the writ to be 7 directed to the sheriff or other proper officer, commanding him to take the 8 prisoner thus held in custody or restraint and forthwith bring him before the 9 court to be dealt with according to law. The court may also, if the same be 10 deemed necessary, insert in the writ a command for the apprehension of the 11 person charged with causing the illegal restraint. The officer shall execute the i.2 writ by bringing the person therein named before the court and the like return 13 and proceedings shall be required and had as in other writs of habeas corpus. Sec. 647. Peooeduee upon eetuen op wbit.] Upon the return of a writ of 2 habeas corpus the court shall, without delay, proceed to examine the cause of 3 the imprisonment or restraint, but the examination may be postponed from 4 time to time, when such course is necessary to a proper hearing and disposition 5 of the matter by the court. But no such postponement shall be made unless the 6 same be necessary for the purpose aforesaid. Sec. 648. Denial of facts stated in retuen— evidence.] The party im- 2 prisoned or restrained may deny any of the material facts set forth in the return 3 and may allege any other fact that may be material in the case, which denial 4 or allegation shall be on oath; and the court shall proceed in a summary way 5 to examine the cause of the imprisonment or restraint, hear the evidence pro- 6 duced by any person interested or authorized to appear, both in support of such 7 imprisonment or restraint and against it, and thereupon shall dispose of the 8 party as the case may require. Sec. 649. Return amendable.] The return, as well as any denial or alle- 2 gation, may be amended at any time by leave of court Sec. 650. Bail.] The court may, in its discretion, pending the final de- 2 termination of the proceedings, admit to bail the person imprisoned. 407 Sec. 651. What aee causes for discharge.] If it appear that the prisoner 2 is in custody by virtue of process from any court legally constituted he can 3 be discharged only for some one or more of the following causes : 4 Firs^— Excess op jurisdiction.] Where the court has exceeded the limit of 5 its jurisdiction either as to the matter, place, sum or person. 6 /Seco^id— Subsequent event entitling party to discharge.] Where, though 7 the original imprisonment was lawful, yet, by some act, omission or event 8 which has subsequently taken place, the party has become entitled to his dis- 9 charge. 10 TMrtZ— Defective process.] Where the process is defective in some sub- 11 stantial form required by law. 12 Fourth— FnoGESS not allowed.] Where the process, though in proper form, 13 has been issued in a case or under circumstances where the law does not allow 14 process or orders for imprisonment or arrest to issue. ,15 Fifth — Process executed by unauthorized person.] Where, although in 16 proper form, the process has been issued or executed by a person either un- 17 authorized to issue or execute the same, or where the person having the cus- 18 tody of the prisoner under such process is not the person empowered by law 19 to detain him. 20 Sixth— PROCESS obtained by false pretense, etc.] Where the process ap- 21 pears to have been obtained by false pretense or bribery. 22 Seventh— Us AVTuomzm) process .] Where there is no general law nor any 23 judgment, order or decree of a court to authorize the process, if in a civil 24 action, nor any conviction, if in a criminal proceeding. Sec. 652. No inquiry into other matters.] No court on the return of a 2 habeas corpus shall, in any other matter than those specified in the preceding 3 section, inquire into the legality or justice of a judgment or decree of a court 4 legally constituted. 408 Sec. 653. No dischakge upon AFriRMANCE OP JUDGMENT.] No circuit court 2 or city court, nor the superior court of Cook county, nor the criminal court 3 of Cook county, shall discharge any prisoner in custody by virtue or under color 4 of process from any court of original jurisdiction of this state, when the or- 5 der or judgment of said last mentioned court in execution of which such pro- 6 cess has issued has been reviewed upon appeal or writ of error and affirmed 7 by the supreme court or by any appellate court. In any such case such pris- 8 oner so in custody may be discharged only by the supreme court. Sec. 654. What court may disohaege party held under process.] A 2 prisoner in custody by virtue of process or color of process from any circuit 3 court, or the superior court. of Cook county, or the criminal court of Cook coun- 4 ty, can only be discharged upon habeas corpus by the court out of which such 5 process has been issued or by the supreme court. See. 655. When city court not to discharge.] No city court shall have 2 power to discharge upon habeas corpus any person imprisoned beyond 'the 3 limits of the city in which such city court is established. Sec. 656. Prisoner beyond limits op county not to be discharged unless 2 etc.] Neither any circuit court, the superior court of Cook county nor the crim- 3 inal court of Cook county, shall have power to discharge upon habeas corpus 4 any person imprisoned beyond the limits of the county in which such court is 5 held, unless the person so imprisoned is in custody by virtue of process or 6 color of process from such court: Provided, however, that any person im- 7 prisoned or restrained of his liberty in any county, when there is no judge of 8 tne circuit court of such county or of the superior court of Cook county in at- 9 tendance at the county seat of such county, may be discharged upon habeas 10 corpus by the circuit court of any county in the circuit in which such county is 11 situated; and, provided, further, that when any person has been imprisoned in 12 any county otherwise than imder color of process from a court in such county 409 13 and after being so imprisoned is removed to and imprisoned in another county, 14 the action of habeas corpus may be brought in either county. Sec. 657. When new commitment may be made.] In all cases where the 2 imprisonment is for a criminal or supposed criminal matter, if it appears to the 3 court that there is sufficient legal cause for the commitment of the prisoner, al- 4 though such commitment may have been informally made or without due au- 5 thority, or the process may have been executed by a person not duly author- 6 ized, the court shall make a new commitment in proper form and direct it to 7 the proper officer or admit the party to bail, if the case is bailable. The court 8 shall also, when necessary, take the recognizance of all the material witnesses 9 against the prisoner as in other cases. The recognizance shall be in the form 10 provided by law and returned as other recognizances. If any judge shall neglect 11 or refuse to bind any such prisoner or witness by recognizance, or to return a 12 recognizance when taken as aforesaid, he shall be deemed guilty of a misde- 13 meanor in office, and be proceeded against accordingly. Sec. 658. Order remanding— second writ.] When any prisoner brought 2 up on a habeas corpus shall be remanded to prison, it shall be the duty of the 3 court to cause an order to be entered of record so remanding the prisoner and 4 it shall be the duty of the clerk of the court to forthwith make out and deliver 5 to the sheriff or other person to whose custody the prisoner shall be remanded 6 a certified copy of such order. If such prisoner shall obtain a second writ of 7 habeas corpus it shall be the duty of such sheriff or other person to whom the 8 same shall be directed to return therewith the certified copy of the order afore- 9 said ; and if it shall appear that the said prisoner was remanded for an offense 10 adjudged not bailable, it shall be taken and received as conclusive, and the pris- 11 oner shall be remanded without further proceedings. Sec. 659. Court not to discharge on second writ when— bail.] It shall 2 not be lawful, for any court on a second writ of habeas corpus obtained by such 410 3 prisoner to discharge the said prisoner, if he is clearly and specifically charged 4 in the warrant of commitment with a criminal offense; but the said court shall, 5 on the return of such writ, have power only to admit such prisoner to bail 6 where the offense is bailable by law, or remand him to prison where the offense 7 is not bailable, or being bailable, where such prisoner shall fail to give the bail 8 required. Sec. 660. Pbisonek dischabged not to be again imprisoned when— causes.] 2 No person who has been discharged by the order of a court on a habeas corpus, 3 unless such order shall be reversed upon appeal, shall be again imprisoned, re- 4 strained or kept in custody for the same cause, unless he be afterwards indicted 5 or an information be filed against him for the same offense, nor unless by the 6 legal order or process of the court wherein he is bound by recognizance to ap- 7 pear. The following shall not be deemed to be the same cause : 8 i^«f si— Commitment on sufficient proof, etc., after discharge for insuf- 9 ficient proof, etc.] If, after a discharge for a defect of proof or any material 10 defect in the commitment in a criminal action, the prisoner shall be again arrest- 11 ed on sufficient proof and committed by legal process for the same offense. 12 yS'ecow^i— Imprisonment under legal process after discharge from impbis- 13 ONMENT UNDER ILLEGAL PROCESS.] If, in a civil actiou, the party has be^i dis- 14 charged for any illegality in the judgment or process and is afterwards impris- 15 oned by legal process for the same cause of action. , 16 TMrMarch 2, 1908. 74 3. Bill to foreclose mortgage. 75 In the Circuit Court of Cook County, Illinois. 76 John Doe V. 77 Richard Roe, Mary Roe, John Wn Equity, No. 650. 78 Smith and William Smith. 79 Bill of Complaint. 80 The plaintiff brings this his action in equity against the defendant and 81 says : 82 1. On December 1, 1901, defendant Richard Roe, for a valuable considera- 83 tion, made and delivered to plaintiff his promissory note as follows : 84 (Here insert copy of note.) 481 85 2. To secure the payment of said note the defendant Eichard Roe and the 86 defendant Mary Eoe, who then was and still is the wife of said Eichard Eoe, 87 executed and delivered to plaintiff a mortgage which was duly acknowledged 88 and recorded as indicated by the certificate of acknowledgment and recording 89 indorsed thereon, which said mortgage and indorsements were and are as fol- 90 lows : 91 (Here insert copy of mortgage and indorsements.) 92 3. Defendant Eichard Eoe has not paid the said note or any portion there- 93 of but the entire amount thereof is now due from him to the plaintiff. 94 4. Defendants John Smith and William Jones each claim some title to or 95 interest in the premises, but whatever interest they or either of them have is 96 subject to the said mortgage. 97 Wherefore the plaintiff prays: 98 First— Fov a foreclosure in the usual form. 99 Second— That the titles or interests, if any, of the defendants John Smith 100 and William Jones may be declared to be subject to the prior lien of the plain- 101 tiff under the said mortgage. 102 Third— For general relief. 103 John Doe, 104 By Henry James, 105 His Attorney. 106 NOTE. 107 The clerk will issue three summonses to the defendants for their appear- 108 ance on March 9, 1908. 109 4. BlIJj TO SET ASIDE DEED. 110 In the Circuit Court of Cook County, Illinois. 111 John Doe V. 112 Richard Eoe. ■In Equity. No. 562. 113 Bill op Complaint. 114 The plaintiff brings this his action in equity against the defendant and 115 says: 116 1. On September 1, 1907, plaintiff was the owner in fee simple of the south- 117 west quarter of section twenty (20), township nineteen (19), north, range two 118 (2) east of the Third Principal Meridian in Cook county, Illinois, of the value 119 of about thirty-two thousand dollars ($32,000), which was substantially all the 120 property plaintiff then owned. 482 121 2. On said last mentioned date plaintiff executed and delivered to the de- 122 fendant, wlio is the plaintiff's son, a warranty deed conveying said premises to 123 said defendant, which said deed was duly acknowledged and recorded as indi- 124 cated by the certificates of acknowledgment and recording indorsed thereon and 125 the same and the said indorsements were and are as follows : 126 (Here insert copy of deed and endorsements.) 127 3. Plaintiff at the time of the execution and delivery of said deed was sev- 128 enty-five years of age and in feeble health. 129 4. The consideration of said deed, and the only consideration therefor, was 130 that said defendant should support and maintain plaintiff comfortably for and 131 during plaintiff's natural life, and provide him with proper food and clothing 132 and necessary care and medical attention, so long as the plaintiff should 133 live. 134 5. Immediately after the execution of the deed defendant went into pos- 135 session of said premises and has ever since retained and still retains possession 136 thereof and has received all the rents, issues and profits thereof. 137 6. Defendant has failed to carry out his agreement with the plaintiff in 138 this, that the defendant has not comfortably supported and maintained plaintiff 139 nor provided him with proper food and clothing, but has wholly neglected and 140 refused so to do. 141 Wherefore the plaintiff prays: 142 First— For a decree setting aside and canceling the deed. 143 Second— For an accounting as to the rents, issues and profits of the prem- 144 ises. 145 Third— For general relief. 146 John Doe, 147 By WrLLiAM Jones, 148 Eis Attorney. 149 NOTE, 150 The clerk will issue a summons to defendant for his appearance on Mon- 151 day, March 14, 1908. 483 152 5. Bill to quiet title and to set aside a tax deed. 153 In the Circuit Court of Cook County, Illinois. 154 John Doe ] V. lln Equity. No. 215. 155 Richard Eoe. J 156 Bill of Complaint. 157 The plaintiff brings this his action in equity against the defendant and 158 says: 159 1. Plaintiff on or about December 1, 1895, became the owner in fee simple 160 and has ever since been in possession, as such owner, of the east half of the 161 southwest quartet of section five (5), township eleven (11), range four (4) 162 east of the Third Principal Meridian, in said Cook county. 163 2. On September 5, 1903, there was filed for record in the office of the re- 164 corder of Cook county, Illinois, and recorded therein in book 1,000, page 600, a 165 certain tax deed, of which the following is a copy : 166 (Here insert copy of deed.) 167 3. Said deed was and is invalid because, first, no notice was published by 168 the collector as required by law of the sale of the property described therein; 169 and, second, the purchaser at the sale did not serve or cause to be served a 170 written or printed, or partly written or printed notice of his purchase on the 171 plaintiff who was in actual possession and occupancy of such premises. 172 4. Plaintiff prior to the commencement of his action and on December 1, 173 1907, tendered to the defendant the sum of seventy-five dollars ($75), which 174 sum was in excess of the amount paid by the defendant for the premises at the 175 tax sale, with interest thereon down to the time of such tender, and demanded 176 of the defendant that he execute and deliver to plaintiff a quit claim deed convey- 177 ing to plaintiff defendant's title acquired by said tax deed, and then and there 178 tendered defendant the sum of five dollars ($5) as compensation for the mak- 179 ing of said deed, but defendant refused and still refuses to execute the deed. 180 5. Said tax deed is a cloud upon the title of plaintiff to the premises. 181 Wherefore plaintiff prays: 182 First— For a decree setting aside the tax deed and canceling the same. 183 Second— For general relief. 184 John Doe, 185 • By Jambs Smith, 186 His Attorney. 484 187 NOTE. 188 The clerk will issue a summons to defendant for his appearance on Monday, 189 May 25, 1908. 190 6. Bill foe partition and assignment op dowee. 191 In the Ciecuit Couet op Cook County, Illinois. 192 John Doe and William Doe V. 193 Henry Doe, Mary Doe and In Equity. No. 217. 194 Jane Doe. 195 Bill op Complaint. 196 The plaintiffs bring this their action in equity against the defendants and 197 say: 198 1. Joseph Doe died intestate on July 1, 1907, in Cook county, Illinois, 199 leaving the defendant Jane Doe, his widow, and the plaintiffs, John Doe and 200 William Doe, and the defendants, Henry Doe and Mary Doe, his sons and 201 daughter, his only heirs at law him surviving. 202 2. At the time of his death said Joseph Doe was seized in fee simple of the 203 southwest quarter of the northwest quarter of section ten (10), township twen- 204 ty-nine (29) north, range one (1) east of tlie Third Principal Meridian in Cook 205 county, Illinois. 206 3. By reason of the death of said Joseph Doe the plaintiffs John Doe and 207 William Doe and the defendants Henry Doe and Mary Doe each became and are 208 seized in fee simple of an undivided one-fourth (i) part of said premises sub- 209 ject to the dower of the defendant Jane Doe. 210 4. No person or persons other than the plaintiffs and the defendants have 211 any interest in or title to the premises or any part thereof. 212 5. The plaintiffs and defendants are unable to agree in respect to the par- 213 tition of the premises and assignment of dower therein. 214 6. Since the death of said Joseph Doe the premises have been in the pos- 215 session of the defendants who have received and retained all of the rents, issues 216 and profits thereof. 217 Wherefore plaintiffs pray: 21 8 First— FoT a partition and assignment pf dower. 485 219 Second— For an accounting in respect to the rents, issues and profits. 220 Third— For general relief. 221 John Doe and William Dob, 222 By Solomon Smith, 223 Their Attorney. 224 NOTE. 225 The clerk will issue two summonses to defendants for their appearance on 226 Monday, March 28, 1908. 227 7. Bill foe assignment of dowee. 228 In the Ciecuit Couet of Cook County, Illinois. 229 Jane Doe V. 230 John Doe, William Doe, Henry Doe -In Equity. No. 160.- 231 and Mary Doe. 232 Bill of Complaint. 233 The plaintiff brings this her action in equity against the defendants and 234 says: 235 1. Joseph Doe died intestate on July 1, 1907, in Cook county, Illinois, 236 leaving the plaintiff Jane Doe, his widow, and the defendants, John Doe, Wil- 237 liam Doe, Henry Doe and Mary Doe, his sons and daughter, as his only heirs 238 at law him surviving. 239 2. At the time of his death said Joseph Doe was seized in fee simple of 240 the southwest quarter of the northwest quarter of section ten (10), township 241 twenty-nine (29) north, range one (1) east of the Third Principal Meridian in 242 Cook county, Illinois. 243 3. By reason of the death of said Joseph Doe the defendants, John Doe, 244 William Doe, Henry Doe and Mary Doe, each became and are seized in fee sim- 245 pie of an undivided one-fourth (i) part of said premises subject to the dower 246 of the plaintiff, Jane Doe. 247 4. No person or persons other than the plaintiff and the defendants have 248 any interest in or title to the premises or any part thereof. 249 5. Ever since the death of said Joseph Doe the defendants have been in 256 possession and are still in possession of said premises and have received and 251 retained all of the rents, issues and profits thereof. 486 252 6. The plaintiff has been unable to agree with the defendants in respect 253 to the assignment of her dower. 254 "Wherefore plaintiff prays : 255 First — For an assignment of dower. 256 Second— For an accounting for rents, issues and profits, 257 Third— Fox general relief. 258 Jane Doe, 259 By William Smith, 260 ■ff^'' Attorney. 261 NOTE. 262 The clerk will issue four summonses to defendants for their appearance on 263 Monday, March 8, 1908. 264 8. Bill to contest a will. 265 In the CmcuiT Couet of Cook County, Illinois. 266 John Doe V. 267 William Doe, Henry Doe, Mary 268 Doe and Jane Doe in her own 269 right and as executrix of the last 270 will and testament of Joseph 271 Doe, deceased. In Equity. No. 614. 272 Bill of Complaint. 273 The plaintiff brings this his action in equity against the defendants and 274 says: 275 1. Joseph Doe died in Cook county, Illinois, on February 1, 1908, leaving 276 the plaintiff, John Doe, and the defendants, William Doe, Henry Doe and Mary 277 Doe, his sons and daughter, and the defendant .Jane Doe, his widow, his only 278 heirs at law, surviving. 279 2. At the time of his death said Joseph Doe was seized in fee simple of 280 the southwest quarter of the northwest quarter of section ten (10), township 281 twenty-nine (29) north, range one (1) east of the Third Principal Meridian in 282 Cook county, Illinois, and of a large amount of other real estate and was also 283 possessed of and owned a large amount of personal property. 284 3. After his death and on March 10, 1908, an instrument purporting to be 285 his last will and testament was admitted to probate by the probate court of 286 Cook county and letters testamentary thereon were granted to the defendant, 287 Jane Doe, and said instrument was and is in the words and figures following, 288 to-wit: 289 (Here insert copy of instrument.) , 487 290 4. Said Joseph Doe, at the time he executed said instrument, was not of 291 sound and disposing mind and memory and was legally incapable of making a 292 last will and testament. ? f > ! j 293 5. The making of said instrument was procured by the defendants, Wil- 294 liam Doe, Henry Doe and Mary Doe by undue influence practiced by them upon 295 said Joseph Doe in this, that said William Doe, Henry Doe and Mary Doe, prior 296 to the making of said instrument, caused it to be represented to said Joseph Doe 297 and caused said Joseph Doe to believe that the plaintiff had stolen from said 298 Joseph Doe divers large sums of money and that the plaintiff was for that 299 reason and for other reasons undeserving of receiving any portion of the prop- 300 erty which said Joseph Doe might own at the time of his death, the said William 301 Doe, Henry Doe and Mary Doe well knowing that said representations were 302 false when they made them. 303 Wherefore plaintiff prays : 304 First— ¥oT a decree setting aside said instrument and the probate thereof. 305 Second— For general relief. 306 John Doe, 307 By William Smith, 308 His Attorney. 309 NOTE. 310 The clerk will issue a summons to the defendants Mary Doe and Jane Doe, 311 in her own right and as executrix of the last will and testament of Joseph Doe, 312 deceased, for their appearance on Monday, April 27, 1908, and publish a notice 313 to defendants William Doe and Henry Doe for their appearance on Monday, 314 June 15, 1908. 315 9. Bill to set aside a judgment at law. 316 In the Circuit Court of Cook County, Illinois. 317 John Doe ] V. tin Equity. No. 950. 318 Eichard Roe. J 319 Bill of Complaint. 320 The plaintiff brings this his action in equity against the defendant and 321 says: 322 1. On July 1, 1907, the defendant commenced an action at law against the 323 plaintiff in the superior court of Cook county to recover the sum of $1,000, 324 which he claimed to be due from plaintiff upon the following promissory note : 325 (Here insert copy of note.) 488 326 2. Said action was Contract No. 27, in said superior court and judgment 327 therein was rendered in favor of said Eichard Roe, the defendant herein, and 328 against the plaintiff herein for the sum of one thousand dollars ($1,000) and 329 costs of the action on the first day of December, 1907. 330 3. After the commencement of said action and before judgment was en- 331 tered, the plaintiff had duly entered his appearance and filed a specification of 332 his defenses therein and said case was set for trial on November 25, 1907. 333 4. On November 24, 1907, on the application of the plaintiff herein and 334 after due notice to the defendant herein, the said superior court entered an order 335 in said action postponing the trial thereof until March 1, 1908. 336 5. Said judgment so entered on December 1, 1907, was entered without 337 the knowledge or consent of the plaintiff herein by means of a fraudulent con- 338 cealment by the defendant herein from said superior court of the entry of the 339 order postponing the trial of said action. 340 6. The plaintiff herein, relying on the said postponement, paid no further 341 attention to the said action and remained in entire ignorance of the entry of 342 said judgment until February 15, 1908, when he learned thereof by reason of the 343 service upon him by the sheriff of Cook county, Illinois, of an execution issued 344 out of said superior court on said judgment on February 1, 1908. 345 7. The plaintiff herein was not at the time of the commencement of the 346 said action by said Eichard Eoe aforesaid, nor at the time of the entry of said 347 judgment, nor is he now, in any manner indebted to said Eichard Roe upon 348 said promissory note or otherwise, the amount of said promissory note having 349 been paid by the plaintiff herein to the defendant herein on June 1, 1907. 350 Wherefore plaintiff prays: 351 First— For a decree vacating and setting aside the judgment. 352 Second— For an injunction against the enforcement of the judgment. 353 Third— For a decree for the cancelation and delivery up of the said promis- 354 sory note. 355 Fourth— For general relief. 356 ' John Doe, 357 By William Smith, 358 His Attorney. 359 NOTE. 360 The clerk will issue a summons to the defendant for his appearance on Mon- 361 day, March 28, 1908. 489 362 10. Bill to corbect mistake in deed. 363 In the Cikcuit Court op Cook County, Illinois. 364 John Doe 1 V. fin Equity. No. 416. 365 Eichard Roe. ' 366 Bill of Complaint. 367 The plaintiff brings this his action in equity against the defendant and 368 says: 369 1. On July 1, 1907, plaintiff purchased from defendant the southwest quar- 370 ter of the northwest quarter of section ten (10), township twenty-nine (29) 371 north, range one (1) east of the Third Principal Meridian in Cook county, lUi- 372 nois, for the sum of ten thousand dollars ($10,000), then paid by plaintiff to de- 373 fendant therefor. 374 2. Defendant, intending to execute and deliver to plaintiff a warranty deed 375 conveying said premises to plaintiff and the plaintiff intending to receive and 376 accept such deed, the defendant on said date executed and delivered to plaintiff 377 and plaintiff accepted a deed which was duly acknowledged by the defendant and 378 was recorded in the office of the recorder of Cook county, Illinois, on July 2, 379 1907, in Book 1100, page 400, which deed, together with the certificates of ac- 380 knowledgment and recording thereof, was and is as follows: 381 (Here insert copy of deed and certificates.) , 382 3. Plaintiff on July 1, 1907, entered into possession of the property above 383 described and actually purchased by plaintiff from the defendant, and has ev&r 384 since remained and still remains in possession thereof but never discovered the 385 mistake in the deed until February 1, 1908. 386 4. On February 15, 1908, plaintiff tendered to defendant a reconveyance 387 of the premises described in the deed and applied to defendant to execute and 388 deliver to plaintiff a deed correctly describing the premises so purchased, but 389 defendant refused and still refuses to do so. 390 ' Wherefore plaintiff prays: 490 391 First— For a decree correcting the mistake in tlie deed, 392 Second— For a decree requiring defendant to execute and deliver to plaintiff 393 a new and correct deed of the premises. 394 Third— For general relief, 395 John Doe, 396 By William Smith, 397 His Attorney. 398 NOTE. 399 The clerk will issue a summons to the defendant for his appearance on 400 Monday, March 21, 1908, 401 11, Bill by stjebty to be subboqated to eights of mortgagee. 402 In the Ciecitit Court of Cook County, Illinois. 403 John Doe V. 404 Eichard Roe, John Smith and \ In Equity. No. 210. 405 William Jones. 406 Bill of Complaint. 407 The plaintiff brings this his action in equity against the defendants and says : 408 1, On December 1, 1901, defendant Eichard Eoe, as principal, and plain- 409 tiff, as surety, made and delivered to one Samuel Brown, for a valuable con- 410 sideration, their promissory note as follows: 411 (Here insert copy of note,) 412 2, To secure the payment of said note the defendant Eichard Eoe and the 413 defendant Mary Eoe, who then was and still is the wife of said Eichard Eoe, 414 executed and delivered to said Samuel Brown a mortgage which was duly ac- 415 knowledged and recorded as indicated by the certificates of acknowledgment and 416 recording indorsed thereon, which said mortgage and indorsements were and 417 are as follows : 418 (Here insert copy of mortgage and indorsements.) 491 419 3. The defendant Riclaard Eoe did not, nor did any one for him, pay the 420 said note or any portion thereof, but when the same became due on July 1, 1902, 421 plaintiff, being called upon so to da by said Samuel Brown, paid said Samuel 422 Brown the amount due upon said note, being the sum of one thousand sixty dol- 423 lars ($1,060), and received from said Samuel Brown said note and the mortgage 424 securing the same. 425 4. The plaintiff, shortly after making said payment, requested said defend- 426 ant Richard Roe to pay to plaintiff the amount thereof, but said Richard Roe 427 refused and still refuses to do so and there is due thereon- to the plaintiff from 428 said Richard Roe the sum of one thousand sixty dollars ($1,060), with interest 429 thereon at the rate of six per cent per annum from July 1, 1907. 430 5. The defendants John Smith and William Jones each claim some title to 431 or interest in the premises described in the above mortgage, but whatever inter- 432 est they or either of them have is subject to said mortgage. 433 Wherefore plaintiff prays: 434 First— For a decree of subrogation and foreclosure in the usual form. 435 Second— That the title or interest, if any, of the defendants John Smith and 436 William Jones may be declared to be subject to the prior lien of the plaintiff 437 under said mortgage. 438 Third— FoT general relief. 439 John Doe, 440 By Henby James, 441 His Attorney. 442 NOTE. 443 The clerk will issue a summons to defendants for their appearance on 444 Monday, March 14, 1908. 445 12. BrLii by vendee against vendor for specific performance. 446 In the Circuit Court of CooiL County, Illinois. 447 John Doe V. i- In Equity. No. 210. 448 Richard Roe. J 449 Bill of Complaint. 450 The plaintiff brings this his action in equity against the defendant and 451 says: 492 452 1. Plaintiff and defendant on July 1, 1907, entered into an agreement in 453 writing in th.e words and figures following, to-wit: 454 (Here insert copy of agreement.) 455 2. Plaintiff has always been ready, willing and able to comply with the 456 terms of said agreement, and, on September 1, 1907, he applied to the defend- 457 ant and offered to pay the defendant the sum of five thousand dollars ($5,000), 458 which was the balance then due the defendant under the agreement, upon de- 459 fendant's executing and delivering to plaintiff a warranty deed for the prem- 460 ises described in the agreement according to its terms. 461 3. Defendant refused and still refuses to comply with the agreement by 462 executing and delivering the deed. 463 Wherefore plaintiff prays: 464 First— For a specific performance of the agreement. 465 Second— For general relief. 466 John Doe, 467 By William Smith, 468 His Attorney. 469 note. 470 The clerk will issue a summons to the defendant for his appearance on Mon- 471 day, March 7, 1908. 472 13. Bill by vendoe against vendee foe specific peefoemance, 473 In the Circuit Cotjet of Cook County, Illinois. 474 John Doe ] V. kn Equity. No. 201. 475 Richard Eoe. J 476 Bill op Complaint. 477 The plaintiff brings this his action in equity against the defendant and 478 says: 479 1. Plaintiff and defendant on July 1, 1907, entered into an agreement in 480 writing in the words and figures following, to-wit : 481 (Here insert copy of agreement.) 493 482 2. At the time the agreement was entered into defendant paid to the plain- 483 tiff the sum of five hundred dollars ($500), as a part of the purchase money 484 mentioned therein, and plaintiff delivered to defendant an abstract of title to 485 the premises for the plaintiff's examination as required by the terms of the 486 agreement. 487 3. Plaintiff has always been and still is ready, willing and able to per- 488 form his part of the agreement and to execute and deliver to defendant a pToper 489 deed of the premises described therein upon defendant's paying the balance of 490 the purchase money. 491 4. The defendant has refused and still refuses to pay the balance of the 492 purchase money. 493 Wherefore plaintiff prays: 494 First— For a decree requiring defendant to pay the balance of the pur- 495 chase money upon plaintiff's executing and delivering to defendant a good and 496 sufficient deed of the premises described in the agreement. 497 Second— For general relief. 498 John Doe, 499 By William Smith, 500 His Attorney^ 501 note. 502 The clerk will issue a summons to the defendant for his appearance on Mon- 503 day, March 21, 1908. 504 14. Bill by vendee against legal eepeesentatives of vendor fob specific 505 • pebfobmanoe. 506 ' In the Ciecxjit Court of Cook County, Illinois. 507 John Doe v. 508 Henry Eioe individually and as 509 administrator of the estate of 510 Eichard Eoe, deceased, William 511 Eoe and Jane Eoe. In Equity. No. 911. 512 Bill op Complaint. 513 The plaintiff brings this his action in equity against the defendants and 514 says: 494 515 1. Plaintiff and one Richard Roe on or about July 1, 1907, entered into a 516 contract in writing in the words and figures following : 517 (Here insert copy of contract.) 518 2. On August 1, 1907, Richard Roe died intestate in said Oook County, 519 leaving said Jane Roe, his widow, and said Henry Roe and William Roe, his 520 sons, his only heirs at law him surviving. 521 3. On September 1, 1907, said Henry Roe was duly appointed adminis- 522 trator of the estate of said Richard Roe, deceased, by the probate court of Cook 523 county, and is now lawfully acting as such administrator. 524 4. On October 1, 1907, plaintiff tendered to said defendant Henry Roe, 525 administrator of the estate of Richard Roe, deceased, the sum of fourteen 526 thousaiid dollars ($14,000), being the balance due from plaintiff for the pur- 527 chase price of said premises under said contract, and requested said Henry Roe, 528 as such administrator, to execute and deliver to plaintiff a deed of the prem- 529 ises in accordance with the contract ; but said Henry Roe, as such administrator, 530 refused to accept the money and refused to execute and deliver the deed. 531 Wherefore plaintiff prays: 532 First— For a decree for specific performance. 533 Second— For general relief. 534 John Doe, 535 By William Smith, 536 His Attorney. 537 NOTE. 538 The clerk will issue a summons to defendants for their appearance on 539 Monday, March 28, 1908. ■ 495 . 540 15. Bill for dissolution op pabtnership and for an injunction. 541 In the Circuit Court of Cook County, Illinois. 542 John Doe V. 543 Eichard Roe and Un Equity. No. 97. 544 William Jones. 545 Bill of Complaint. 546 The plaintiff brings this his action in equity against the defendants and 547 says: 548 1. On July 1, 1907, plaintiff and defendants entered into an agreement in 549 writing of co-partnership in the words and figures following, to-wit : 550 (Here insert copy of agreement.) 551 2. In pursuance of said agreement the copartnership business was entered 552 upon and has ever since continued to be carried on by the plaintiff and the de- 553 fendants under and in pursuance thereof. 554 3. On February 1, 1908, plaintiff served a notice in writing upon the de- 555 fendants of a dissolution of the co-partnership, said notice being as follows : 556 (Here insert copy of notice.) 557 4. From the commencement of the co-partnership down to the present time 558 each of the defendants has appropriated to his own individual use large sums of 559 money in excess of what he was entitled to out of the receipts and profits of the 560 business, and both are largely indebted to the co-partnership, the indebtedness 561 of the defendant Richard Roe being over ten thousand dollars ($10,000), and 562 that of the defendant William Jones being over twenty thousand dollars ($20,- 563 000). 564 5. Both of the defendants are insolvent. 565 6. Both of the defendants have refused to discontinue the carrying on of 566 the partnership business and insist upon still carrying on the same, notwith- 567 standing the notice aforesaid. 568 Wherefore plaintiff prays: 496 569 First— For a dissolution of the co-partnership. 570 Second— For an accounting. 571 Third— For an injunction restraining defendants, until the further order of 572 the court, from collecting or receiving any partnership money or property. 573 Fourth— For the appointment of a receiver. 574 Fifth— For general relief. 575 John Doe, 576 By William Smith, 577 His Attorney. 578 NOTE. 579 'The clerk will issue a summons to the defendants for their appearance on 580 Monday, July 13, 1908. 581 16. Bill foe closing up appaibs or cokporation. 582 In the Circuit Court of Cook County, Illinois. 583 John Doe V 584 Chicago Lumber Manufacturing 585 Company, Richard Roe, Thomas 586 Jones and Henry Smith. In Equity. No. 600. 587 Bill op Complaint. 588 The plaintiff brings this his action in equity against the defendants and 589 says: 590 1. Defendant Chicago Lumber Manufacturing Company is a corporation 591 duly organized under the laws of Illinois on August 1, 1900, for the purpose of 592 carrying on the business of manufacturing and dealing in lumber. 593 2. Said defendant carried on said business from about the date of its or- 594 ganization until July 1, 1908, when it ceased doing business, leaving debts un- 595 paid. 596 3. Plaintiff is a creditor of said defendant to the amount of ten thousand 597 dollars ($10,000), with interest thereon at six (6) per cent per annum from 598 January 2, 1908, for money lent, the loan being evidenced by the defendant's 599 promissory note of that date to the plaintiff. 497 600 4. The defendants Richard Eoe^ Thomas Jones and Henry Smith are or 601 have been stockholders of the corporation defendant and are liable for the debts 602 of said corporation to the extent of the unpaid portions of their stock, after ex- 603 hausting the assets of the corporation. 604 5. The assets of the corporation are insufficient to satisfy its debts and 605 liabilities. 606 Wherefore plaintiff prays as follows: 607 First— ¥or the appointment of a receiver. 608 Second— For the closing up of the affairs of the corporation. 609 Third— For general relief. 610 John Doe, 611 By James Beown, 612 ' His Attorney. 613 NOTE. 614 The clerk will issue five summonses to the defendants for their appearance 615 on Monday, September 21, 1908. 616 17. Bill to obtain declaration of rights, duties or liabilities. 617 In the Circuit Court op Cook County, Illinois. 618 John Doe 1 619 v. lln Equity. No. 125. 620 Richard Roe J 621 Bill op Complaint. 622 The plaintiff brings his action in equity against the defendant and says : 623 1. On July 1, 1910, the plaintiff and the defendant entered into a contract 624 in writing in the words and fiigures following, to-wit : 625 (Here set forth contract.) 626 2. Doubt has arisen with -reference to said contract as to whether (here 627 state matter with respect to which doubt has arisen). 628 3. Plaintiff has been unable to secure from the defendant any agreement 629 as to said question. 498 630 4. This action is brought in good faith for the sole purpose of obtaining a 631 declaration respecting said question. 632 "Wherefore plaintiff prays as follows: 633 First— ¥oY a declaration. 634 Second— For general relief. 635 John Doe, 636 By James Bbown, 637 His Attorney. 638 Affidavit. 639 John Doe, the plaintiff, on his oath says that the allegations in the foregoing 640 bill are true in substance and in fact. 641 John Doe. 642 Subscribed and sworn to before me this 20th day of September, 1910. 643 James Smith, Clerk. 644 Note. 645 The clerk will icisue a summons to the defendant for his appearance Mon- 646 day, September 26, 1910. 647 18. Bill to test validity of law. 648 In the Cibctjit Couet of Sangamon County. 649 John Doe 650 V. 651 James A. Eose, Secretary of State -In Equity. No. 150. 652 Bill of Complaint. 653 The plaintiff brings his action in equity against tTie defendant and says: 654 1. At its session in 1909, the General Assembly passed an act entitled "An 655 act to tax gifts, legacies, inheritances, transfers, appointments and interests in 656 certain cases, and to provide for the collection of the same, and repealing certain 657 acts therein named," which was approved by the Governor on June 14, 1909, 658 and is published in the Session Laws of 1909 on pages 312-322. 658 2. Doubt has arisen respecting the validity of the followiiijg portions of 659 said act : 499 .660 (Here specify parts of the act in respect to which doubt has arisen.) 661 3. This action is brought in good faith for the sole purpose of obtaining 662 a declaration of the court respecting the validity of the portions of the act thus 663 specified. 664 Wherefore plaintiff prays as follows: 665 First— For a declaration. 666 Second— For general relief. John Doe, ""' ' By James Brown, 668 His Attorney. 670 Affidavit. 671 John Doe, the plaintiff, on his oath says that the allegations of the foregoing 672 bill are true in substance and in fact. 673 John Doe. 674 Subscribed and sworn to before me this 11th day of July, 1910. 675 James Smith, Cerk. 676 The clerk will issue a summons to the defendant for his appearance on Mon- 677 day, July 18, 1910. Sec. 7j64. When bill not to be deemed multifaeious — division of action.] 2 No bill of complaint or cross-bill of complaint in an -action in equity shall be 3 hereafter deemed multifarious, if it shall appear therefrom that the matters 4 therein set forth have such relation to each other that it is advantageous to the 5 plaintiff to litigate the same in one action, or if, in the opinion of the court, 6 such matters may be conveniently and expeditiously litigated in one action. 7 When any party to the action shall object that any such bill or cross-bill is mul- 8 tifarious, the court may proceed as provided in section one hundred seventy- 9 three (173) of this act.* The objection of multifariousness must be made by the 10 defendant before the filing of any other pleading. See. 765. Objection op want of propbe PARTiPiS — how and when made. J. 2 When any defendant to any bill of complaint or cross-bill of complaint shall 500 3 object that persons have not been made parties to the action who ought to have 4 been joined as plaintiffs or defendants, as the case may be, the prooedure shall 5 be as prescribed in section one hundred sixty- two (162) of this act. Sec. 766. Adequate remedy at law not good objection.] It shall not be 2 a good objection to a bill of complaint in equity that the matters therein sought 3 to be litigated are matters with respect to which, or any of which, the plaintiff 4 has a full, adequate and complete remedy at law ; but, as to any such matters, 5 the defendant shall be entitled to a trial by jury of all issues of fact if, at the 6 time he enters his appearance, if he be a defendant to the original bill, or at the 7 time he files his first pleadiujg, if he be a defendant to the cross-bill, he files a 8 demand in writing of a trial by jury. Sec. 767. Matters which may be litigated by bii>l to contest wilx,.] In 2 any action in equity to contest the validity of any last will and testament the 3 plaintiff shall be entitled to pray relief respecting property affected by such 4 last will and testament, if the relief so prayed for be such as the plaintiff might 5 be entitled to in case such last will and testament should be adjudged invalid, 6 and for that purpose the plaintiff may allege such matters in his bill of com- 7 plaint and may make such parties defendant thereto as may be necessary to the 8 granting of the relief prayed for. Sec. 768. Matters which may be litigated in roEECLOsuRE action.] In a 2 bill to foreclose a mortgage or deed of trust or to enforce any other lien the 3 plaintiff may make any person interested in the premises subject to the mort- 4 gage, deed of trust or other lien, a party defendant, whether such person claims 5 an interest in such premises prior or superior, or subsequent or subject, to such 6 mortgage, deed of trust or lien, and the court in such action may determine all 7 questions of conflicting titles and interests and may, by its decree, establish and 8 fix the respective titles and interests of all the parties to the action. 501 Sec. 769. Court MAY grant complete belief.] In every action in equity 2 the court may grant to the respective parties all such relief as they may appear 3 to be entitled to, whether the same ba of an equitable or legal nature. Sec. 770. To what extent deceeb in equity ees ad judicata. J No decree 2 hereafter entered in any action in equity in this state shall be deemed or treated 3 as an adjudication with respect to any matter not actually litigated in such 4 action. Sec. 771. Exceptions to bill — form.] "Exceptions may be taken to allega- 2 tions of a bill of complaint which are scandalous or impertinent. If an ex- 3 cieption be taken to an entire paragraph of the bill, the exception shall so specify, 4 without repeating the language of such paragraph. If the exception be taken 5 to a portion of a paragraph of the bill, the same shall set forth either the 6 language of the portion excepted to of such paragraph or that such paragraph 7 is excepted to saving the portion thereof set out in the exception. Exceptions 8 to a bill shall be accompanied by an affidavit of the defendant's attorney, or one 9 of the defendant's attorneys, that the same are not interposed for delay and 10 that he believes the same to be well founded in law. The clerk shall refuse to 11 receive or file any exceptions not accompanied by such affidavit. The follow- 12 ing form, with a specification of the court and the title, classification and mim- 13 ber of the action, shall be deemed a sufficient form of exceptions and shall be 14 taken as furnishing suggestions from which other exceptions may be properly 15 framed : 16 Exceptions to Bill of Complaint. 17 ■ The defendant excepts to the following portions of the bill of complaint: 18 1. Paragraphs 3, 9 and 10. 19 2. That portion of paragraph 4 which reads as follows : (Here insert 20 language excepted to.) 502 21 3. All of paragraph 11 excepting the following portion thereof: (Here 22 insert portion of paragraph not excepted to.) 23 ' Thomas Jones, 24 Attorney for Defendant. 25 Affidavit. 26 Thomas Jones, the attorney for the defendant, on his oath says that the 27 foregoing exceptions are not interposed for delay and that he believes the same 28 to be well founded in law. ' 29 ' Thomas Jones. 30 Subscribed and sworn to before me this 11th day of July, 1910. 31 John Smith, Clerk. Sec. 772. Demurrer — form.] If the defendant conceives the bill of com- 2 plaint to be insufficient in law he may file a demurrer to the same, either with- 3 out filing exceptions thereto, or after such exceptions have been filed and the 4 judgment of the court taken thereon. Every demurrer shall state that the de- 5 fendant demurs to the bill and shall specify, by the use of abbreviated forms, 6 the grounds of the demurrer. The grounds of demurrer to a bill shall be known 7 and stated in abbreviated forms as insufficiency in law, statute of limitations 8 and statute of frauds. A demurrer for insufficiency in law will be deemed 9 sufficient to reach any defect in the substance of a bill, other than' either of 10 those expressed in the other grounds of demurrer above specified. Every de- ll murrer shall be accompanied by an affidavit of the defendant's attorney, or one 12 of the defendant's attorneys, that the same is not interposed for delay and 13 that he believes the same to be well founded in law. The clerk shall refuse to 14 receive or file any demurrer not accompanied by such affidavit. The following 15 form, with a specification of the court and the title, classification and number 16 of the action, shall be deemed a sufficient form of demurrer and shall be taken 17 as furnishing suggestions from which other forms of demurrers may be 18 properly framed: 503 19 Demurrer to Btll of Complaint. 20 The defendant demurs to the bill on the following grounds: 21 1. Insufficiency in law. 22 2. Statute of limitations of five years. 23 3. Statute of frauds. 24 Thomas Jones, 25 ' Attorney for Defendant. 26 Affidavit. 27 Thomas Jones, the attorney for the defendant, on his oath says that the 28 foregoing demurrer is not interposed for delay and that he believes the same 29 to be well founded in law. 30 Thomas Jones. 31 Subscribed and sworn to before me this 11th day of July, 1911. 32 John Smith, Cleric. Sec. 773. Pleadings after excepions and demtjerbe.] If the defendant does 2 not except or demur to the bill of complaint, or if his exceptions or demurrer 3 thereto, or both, as the case may be, are overruled, he shall file a plea or answer 4 thereto. Sec. 774. Requisites of plea— form. J Every plea shall state that the de- 2 fendant pleads to the bill, or to some portion thereof, specifying the portion by 3 giving the numbers of the paragraphs, if the plea is to entire paragraphs, or, if 4 to portions of paragraphs, specifying the language of the portions pleaded to, 5 or that such paragraphs are pleaded to saving the portions set out in the plea, 6 and shall set forth the facts pleaded by the defendant and shall be verified by 7 the affidavit of the defendant, or, if the defendant be a corporation, by some 8 officer having knowledge of the facts, unless the plea is one to the jurisdiction 9 of the court or to the disability of the person of the plaintiff or the facts 10 therein set forth are matters of record or matters recorded. It shall omit the 504 11 common protestation clause and the common conclusion heretofore in use. The 12 following form, with a specification of the court and the title, classification and 13 number of the action, shall be deemed a sufficient form of plea : 14 Plea to Bill of Complaint. 15 The defendant pleads to the bill (or, if the plea be to a portion of the bill, 16 the portion pleaded to shall be specified in the manner above indicated,) the fol- 17 lowing facts : i 18 (Here set forth facts pleaded.) 19 Thomas Jones, 20 Attorneys for Defendant. 21 Richard Boe, the above named defendant, on his oath says that the foregoing 22 plea by him pleaded is true in substance and in fact. 23 SioHABD Rob. 24 Subscribed and sworn to before rae this 10th day of January, 1908. 25 John Smith, Clerk. Sec. 775. Requisites of answee— fobm.] Every answer shall state that 2 the defendant answers the bill, or so much of the bill, specifying" it, as the def end- 3 ant elects to answer. It shall answer fully all the allegations except such as are 4 not required to be answered by reason of exceptions, demurrer or plea thereto 5 allowed. It shall contain not only the defendant's answer to the several para- 6 graphs of the bill, but thereafter such statement of his case as iie may deem it 7 necessary oi advisable to make. It shall also be di/ided into paragraphs num- 8 bered consecutively, each paragraph containing, as nearly as may be, a separate 9 and distinct allegation ; and such answer must be full and explicit and distinct to 10 each separate paragraph of the bill before it enters upon any statement of the 11 defendant's case. When the answer admits or denies any entire paragraph of a 12 bill, it shall state the number of the paragraph so admitted or denied without re- 13 peating the language of such paragraph or any portion thereof. When it admits 505 14 a portion of a paragrapli and denies the residue, it sliall set fortli that it admits 15 a portion thereof , setting forth the portion admitted, and denies the residue, or '16 that it denies a portion thereof, setting forth the portion denied, and admits the 17 residue. The language of that portion of' the answer, if any, which sets forth 18 facts, matters and circumstances on which the defendant relies shall be as brief ■19 and concise as is consistent with the understanding by the court of the case in- 20 tended to be stated by the defendant, and it shall be' liberally construed in the 21 defendant's favor. It shall be complete in itself and shall contain no reference 22 to any exhibits, but when any paper, document or record of any kind is material 23 to the statement of the defendant's case, the substance thereof, or of the portion 24 thereof which is material to the defendant's case shall be stated, or the entire 25 paper, document or record shall be embodied in a paragraph of the answer. The 26 common commencing clause reserving exceptions and containing protestations 27 and the common concluding clause denying combination and the general trav- 28 erse and the common repetitions "this defendant further answering sa;^ith," and 29 the like, shall be omitted. The following form, with a specification of the court 30 and the title, classification and number of the action, shall be deemed a sufficient 31 form of answer. 32 Answer to Bill of Complaint. 33 The defendant answering to the bill says: 34 1. That he admits paragraphs 1, 2, 3, 7 and 8 thereof. 35 2. That he denies paragraphs 4, 5 and 9 thereof. 36 3. That he admits so much of paragraph 6 thereof i as states (here insert the 37 said part admitted) and denies the residue of said paragraph. 38 4. That he denies so much of paragraph 10 thereof as states that (here in- 39 sert part denied) and admits the residue of said paragraph. 40 5. That (in this and in subsequent.paragraphs,! each alleging a single and 41 distinct fact, set forth briefly and concisely additional matters of defense ex- 42 planatory of, or in addition to, the matters set forth in the preceding para- 43 graphs). 44 ElCHAKD EoE, 45 By Thomas Jones, 46 His Attorney. 506 Sec. 776. When answer must either admit ob deny mattebs alleged in 2 BILL.] It shall not be permissible for the defendant in his answer to allege that 3 he has no knowledge concerning the matters, or concerning any particular matter 4 or matters, alleged m the bill of complaint, or that he can neither admit nor deny 5 the same, unless such matter or matters are such that the defendant cannot, by 6 reasonable diligence, ascertain the facts in reference thereto. When any matter 7 is alleged in a bill of complaint as a matter of record and the record pertaining 8 thereto is within the county in which the action is brought, and is accessible to 9 the defendant, or when such record, though out of such county, is accessible to 10 the defendant and may be inspected without serious inconvenience, it shall be 11 the duty of the defendant to examine the same and to admit or deny the allega- 12 tion of the bill of complaint in respect thereto in accordance with the truth as 13 the same may be ascertained by him from such investigation. When any matter 14 not of record concerning which the defendant has no knowledge is alleged in the 15 bill of complaint, it shall be the duty of the defendant, before answering the same, 16 to ascertain, if practicable, the facts pertaining to such matter, and to admit or 17 deny the allegations of the bill of complaint in reference thereto in accordance 18 with the truth as the same may be ascertained by such defendant. Sec. 777. When answer to be under oath — effect as evidence.] When- 2 ever any complainant shall verify his bill by an affidavit that the matters and 3 things therein contained are true in substance and in fact, excepting such matters 4 as are therein stated to be alleged upon information and belief, and that as to 5 such matters so stated he believes them to be true, the defendant, imless he de- 6 fends as the trustee or conservator of an idiot, habitual drunkard, lunatic or dis- 7 tracted person or'~as the executor, administrator, heir, legatee or devisee of any 8 deceased person, or as the guardian or trustee of any such heir, legatee or de- 9 visee, and has not obtained and can not obtain such knowledge of the matters al- io leged in the bill as to enable him so to do, shall verify his answer by an affidavit 507 11 setting forth that the same is true in substance and in fact, except such matters 12 as therein stated to be alleged upon information and belief, and -that as to such 13 matters he believes the same to be true. But no such answer shall be evidence ex- 14 cepting as against such defendant. Sec, 778. Dbmtjerek, plea oe answer to part— form.] The defendant may, 2 as heretofore, demur to part and plead to or answer the residue of a bill, or may 3 plead to part and answer the residue, or may demur to part, plead to part and 4 answer the residue ; and in such case such demurrer and plea or answer, or such 5 plea and answer, or such demurrer, plea and answer, as the case may be, shall 6 conform, as near as may be, to the forms of demurrer, plea and answer herein- 7 before prescribed. The following form of demurrer to a part, plea to a part and 8 answer to the residue of a bill of complaint, with a specification of the court, the 9 title, classification and number of the action, shall be deemed a sufficient form 10 of demurrer to part, plea to part and demurrer to the residue of a bill of com- 11 plaint and shall be taken as furnishing suggestions from which other such papers 12 may be properly framed : 13 Demukker to Part, Plea to Part and Answer to Eesidue op Bill or Complaint, 14 First— To paragraphs 3, 9 ard 10,and to that portion of paragraplj 4 which 15 reads as follows (here isis^rt language of that part of paragraph 4 demurred 16 to), the plaintiff demurs on the following grounds: 17 1. Insufiiciency in law. 18 2. Statute of frauds. (Here insert affidavit of attorney.) 19 Second— To paragraphs 5, 6 aad 7 and to paragraph 11, excepting the fol- 20 lowing portion thereof (here insert portion of paragraph 11 not pleaded to), the 21 defendant pleads the following facts: (Here set forth facts pleaded, the same 22 to be signed and verified by the affidavit of the defendant.) ' ■ - ' ' 508 • 23 Third— To the residue of the bill plaintiff answers as follows : 24 1. That he admits paragraphs 1, 2 and 8. 26 2. That he admits so much of paragraph 4 as is not above demurred to. 26 3. That he denies all of paragraph 11 excepting the portion above plead- 27 ed to. 28 4. That he denies paragraphs 12 and 13. 29 5. That (in this and in subsequent paragraphs, each alleging a single and 30 distinct fact, set forth briefly and concisely additional matters of defense ex- 31 planatory of or in addition to the matters set forth in the preceding para- 32 graphs). 33 RicHABD Roe, 34 By Thomas Jones, 35 His Attorney. Sec. 779. Exceptions to answeik— fobm.J Exceptions may be taken to an 2 answer for scandal or impertinence, or for insufficiency, and shall be filed within 3 seven days after the filing of the answer and the service of a copy thereof upon 4 the! plaintiff, unless the time for the filing of the same shall be extended by the 5 court or by the agreement of the parties'. They shall be in the form, as near as may .6' be, prescribed for . exceptions taken to a bill of complaint, excepting that every 7 exception for insufficiency shall set forth -wherein the paragraph or portion 8 thereof excepted to is insufficient. Exceptions for scandal or impertinence may 9 be filed before exceptions for insufficiency and, if not so filed, shall be deemed 10 waived. If an exception be to an answer to an interrogatory the same shall set 11 forth the number of the interrogatory. ,aad shall state wherein the answer is in- 12 sufficient. Exceptions to an answer shall, be accompanied by, an affidavit of the 13 plaintiff's attorney, or one of the plaintiff's attorjieys, that the same are not in- 14 terposed for delay and that he believes the same to be well founded in law. The 15 clerk shall refuse to receive or file any exceptions not accompanied by such 16 affidavit. The following form, with a specification of the court and the title. 509 17 classification and number of the action, shall be deemed a sufficient form of ex- 18 ceptions to an answer for insufficiency. 19 Exceptions to Answer. 20 The plaintiff excepts to the following portions of the answer of the defendant 21 for insufficiency: 22 1. Paragraph 3 is insufficient because (here state in what the insufficiency 23 consists). 24 2. That portion of paragraph 4 which reads as follows : (here insert lan- 25 guage excepted to) is insufficient because (here state in what the insufficiency 26 consists). 27 3. All of paragraph 11, excepting the following portion thereof (here in- 28 sert the portion of paragraph not excepted to) is insufficient because (here state 29 in what the insufficiency consists). 30 4. The answer to interrogatory 10 is insufficient because (here state in what 31 respect the answer is insufficient). 32 Henry Smith, 33 Plaimtiff's Attorney. 34 Atfidavit. 35 Henry Smith, the attorney for the plaintiff, on his oath says that the 36 foregoing exceptions are not interposed for delay and that he believes the same 37 to be well founded in law. 38 Henry Smith. 39 Subscribed and sworn to before me this 11th day of July, 1910. 40 John Smith, ClerJc. Sec. 780. Frivolous or vexatious pleading.] When any objection taken to 2 the form of any pleading, or any demurrer or exception, is overruled, the court, 3 if , in its opinion, such objection has been made, or such demurrer or exception 4 has been -filed, frivolously or vexatiously, may award the party to whose pleading 510 5 such objection has been made, or such demurrer or exception filed, and against 6 the party by whom the same has been made or filed, a sum not exceeding ten 7 dollars ($10) as costs, and whenever any objection taken to the form of any 8 pleading, or any demurrer or exception, has been sustained, the court, if, in its 9 opinion, the pleading, or portion thereof, to which such objection, demurrer or 10 exception has been sustained was frivolous or vexatious, may award, in favor of 11 the party making such objection or filing such demurrer or exception, and 12 against the party to whose pleading, or portion thereof, it has been sustained, 13 a sum not exceeding ten dollars ($10) as costs. Sec. 781. Replications abolished — amendment of bill to meet allega- 2 TIONS OE ANSWER WHEN CAUSE DEEMED AT ISSUE HEARING ON BILL AND ANSWEK.] 3 Hereafter it shall be unnecessary to file any replication ,to an answer. .When 4 the answer contains matters which the plaintiff deems it necessary or expedi- 5 ent to confess and avoid, or meet otherwise than by denial, he may. set up such 6 matters of confession and avoidance or other matters by an amendment or 7 amendments of his bill. Upon the filing of the answer the cause shall be deemed 8 at issue and stand for hearing, unless exceptions shall be filed thereto, or unless 9 the plaintiff shall amend his bill, in vhich case the cause shall be deemed at 10 issue upon the filing of the amendment or amendments to the bill, unless the 11 court shall otherwise direct. Upon the application of the plaintiff the cause 12 may be set for hearing upon the bill and answer, in which case the answer shall 13 be taken as true and no evidence shall be received unless it be a matter of 14 record to which the answer refers. Sec. 782. Bills of revivor abolished— substitution of parties.] Bills of re- 2 vivor are hereby abolished. Upon the death of any party plaintiff or any party 3 defendant, or upon the resignation or removal of any party acting as executor, 4 administrator, guardian, conservator, trustee or in any other representative ca- 5 pacity, the death, resignation or removal, as the case may be, may be suggested 511 6 and made to appear to the court and the heir, devisee, administrator, executor or 7 successor in office of such party may be substituted by an order of the court in 8 place of such party as a plaintiff or defendant, as the case may be, and the ac- 9 tion thereupon proceed and be determined as if the party or parties so substituted 10 had been originally a party or parties to such action. Sec. 783. SUPPLEMENTAI. BILL ^WHBN PILED— REQUISITES— FORM, j A SUpple- 2 mental bill may be filed for the purpose of bringing before the court material 3 matters which have occurred since the filing of the original bill, but no such bill 4 shall be filed without leave of court. It shall contain an introduction stating that 5 the plaintiff in the original bill, or, if an additional party plaintiff is made by 6 such supplemental bill, that the original plaintiff, together with such additional 7 plaintiff, brings or bring his or their supplemental bill of complaint by leave of 8 court, against the defendant in the original bill, or if an additional party de- 9 f endant is made by such supplemental bill, the same shall recite that it is brought 10 by the plaintiff against the original defendant and such additional defendant, 11 naming him, and thereafter a narrative of the supplemental matters on which 12 the plaintiff relies, and a prayer, such narrative and prayer to be framed, as 13 near as may be, in accordance with the rules hereinbefore prescribed for an or- 14 iginal bill. It shall omit any recital of the previous pleadings or proceedings and 15 no instrument correctly set out in substance or embodied in full in any previous 16 pleading, whether of the plaintiff or of any other party, shall be again set out, 17 either in substance or in full, in a supplemental bill, but if such instrument be a 18 necessary part of such supplemental bill it shall be made a part thereof by ap- 19 propriate reference to such previous pleading. The following form shall be 20 deemed a sufficient form of supplemental bill and shall be taken as furnishing 21 suggestions from which other supplemental bills may be properly framed : 512 22. In the Circuit Coukt of Cook County, Illinois. 23, i John Doe i 24 V. lln Equity. No. 650. 25 Eichard Eoe et al. J 26 Supplemental Bill of Complaint. 27 The plaintiff brings this, his supplemental bill of complaint, by leave of 28 court, against the defendants and says: 29 1. That (in this and subsequent paragraphs, each alleging, as near as may be, 30 a single and distinct fact, set forth briefly and concisely the supplemental matters). 31 Wherefore the plaintiff prays as follows : 32 (Here insert prayer.) 33 John Doe, 34 By Heney Jambs, 35' His Attorney. 36 Note 1. 37 When the supplemental bill makes an additional party plaintiff the intro- 38 ■ duction may be in substantially the following form : 39"^"' The plaintiff and William Doe, as additional plaintiff, bring this their sup- 40 ' plemental bill of complaint, by leave of court, against the defendants and say: 41 Note 2. 42 When the supplemental bill makes additional parties defendant, or there is 43 ' a substitution of parties, the above form of introduction may be varied from ac- 44 cordingly; Sec. 784. Amendments to pleadings— how framed— pobm.] Amendments 2 ,to bills of complaint and to other pleadings may be filed by leave of court. Such 3 amendments shall be framed in accordance with the provisions of section seven 4 hundred fifty-two (752) of this act. The following forms shall be deemed suffi- 5 cient forms of amendments of bills of complaint and shall be taken as furnish- 6 ing suggestions from which other amendments of bills of complaint or other 7 pleadings may be properly framed: 513 8 1. Amendment changing reading op pobimons led.] When lands, tene- 2 ments or hereditaments are held in joint tenancy, tenancy in common or co- 3 parcenary, whether such right or title is derived by purchase, devise or descent, 4 or whether any or all of the claimants are minors or of full age, any one or 6 more of the persons interested therein may compel a partition thereof by a bill 6 of complaint in equity filed in the proper court of the county in which the prem- 7 ises, or some part thereof, are situated. Sec. 831. Eequisites op bill.J The bill shall particularly describe the prem- 2 ises sought to be divided, and shall set forth the interests of all parties inter- 3 ested therein, so far as the same are known to the plaintiff, including tenants 4 for years, for life, or in dower, and of all persons entitled to the reversion, re- « 5 mainder or inheritance, and of every person who, upon any contingency, may be 6 or become entitled to any beneficiary pting as hereinafter provided, be the same, 7 are known to the plaintiff, and shall pray for a partition of the premises. Sec. 832. Procedure to be as in equity.] The practice and mode of pro- 2 ceeding in every such case shall, excepting as hereinafter provided, be the same 3 as near as may be, as in other actions in equity. Sec. 833. Declaratory decree, etc.] Upon the hearing of the action upon 2 the pleadings and proofs or otherwise, the court shall enter a decree declaring 3 and fixing the rights, titles and interests of all parties to the action, and when it 4 shall decree a partition of any premises it shall appoint three commissioners, 5 not connected with any of the parties, either by consanguinity or affinity, and 6 entirely disinterested, to make partition of the premises. Sec. 834. Oath oe commissioners.] Such commissioners shall each take and 2 subscribe an oath or affirmation fairly and impartially to make partition of the 3 premises, according to the rights and interests of the parties, as declared by the 4 decree of the court, if the same can be done consistently with the interests of the 549 5 parties, or, if the same cannot be so divided without manifest prejudice to the 6 parties -in interest, that they will fairly and impartially appraise the value of 7 each piece or parcel of the premises sought to be divided and a true report make 8 to the court. Sec. 835. Duties of commissioners.] The commissioners shall go upon the 2 premises, and, if the same are susceptible of division, they shall make partition 3 thereof, allotting the several shares to the respective parties, quality and quan- 4 tity relatively considered, according lo their respective rights and interests as 5 adjudged by the court, designating the respective shares by metes and bounds, 6 or other proper description, and they may employ a surveyor with necessary as- 7 sistants to aid therein; and if the premises are not susceptible of division with- 8 out manifest prejudice to the parties in interest, they shall value each piece or 9 parcel separately. Sec. 836. Eepoet op commissionees.J The commissioners shall make report, 2 in writing, signed by at least two of them, showing what they have done and if 3 they shall have made a division, describing the premises divided and the shares 4 of each- party by metes and bounds or other proper description ; or if they find 5 that the lands can not be divided they shall so report, and shall report their val- 6 nation of each piece or tract separately. See. 837. CoMMissioisrEBS subject to direction- op and removal by court.] 2 The commissioners shall, at all times,, be subject to the direction of the court; and 3 any one or more of them may, before the final determination of the report, be 4 removed, and others appointed in their stead. Sec. 838. Procedure when land in different counties.] If the lands lie 2 in different counties, the court may appoint separate sets of commissioners for 3 each county, or one set for all of them, as may seem most for the benefit of the 4 parties interested. 550 1 " r Sec. 839. Alloting dower or setting off homestead.] If dower has not 2 been allotted to the person entitled thereto, or the homestead set off, in case any 3 party to the action is entitled to. an estate of homestead in the premises, or any 4 part thereof, such dower may be allotted and such homestead set off by the com- 5 missioners ; and, if the court shall so direct, the premises so allotted or set off 6 may be partitioned among the claimant^, subject thereto. Sec. 840. Shares may be set off together or in severalty.] Several par- 2 ties interested in the premises may, if they shall so elect, have their shares set off 3 together or in severalty. Sec. 841. Mortgages, attachments and other liens.] A person having a 2 mortgage, attachment or other lien on the share of a part owner, shall be con- 3 eluded by the decree in partition so far as it respects the partition and the assign- 4 ment of the shares, but his lien shall remain in full force upon the part assigned 5 to or left for such, part owner. Sec. 842. New partition or contribution for person evicted.] If a person 2 to whom any share has been allotted is evicted by a person who, at the time of the 3 partition, had a title older and better than the title of those who Avere parties 4 to the action, the person so evicted may have a new partition of the residue as if 5 no partition had been made, if such new partition can be justly made, or he may 6 have contribution from the others, so as to make his share just and equal to the 7 others, acording to his rights in the premises. Sec. 843. Sale when premises not susceptible op division.] When the 2 whole or any of the premises sought to be partitioned cannot be divided with- 3 out manifest prejudice to the owners thereof, and the commissioners appointed 4 to divide the same shall so report, the court shall order the premises so not be- 5 ing susceptible of division to be sold at public vendue, upon such terms and notice 6 of sale as the court shall direct. 551 Sec. 844. Peocbdure when premises do not being appraised value.] But 2 no piece or parcel of the premises shall be sold, if it will not bring at least two- 3 thirds as much as it shall have been valued by the commissioners, unless the other 4 pieces will, at the same time, sell for enough to make the total amount of the sales 5 equal to two-thirds the total amount of the valuation of all the premises to be 6 sold : Provided, that if it shall appear to the court that any of the premises will 7 not sell for two-thirds the amount of the valuation thereof, the court may appoint 8 other commissioners to revalue such j) remises, and their valuation shall be taken 9 instead of the valuation of the commissioners first appointed. Sec. 845. Sale foe cash or on cbedit.] The court may direct the sale to be 2 made for cash or on such credit as may be deemed most for the interest of all the 3 parties. Sec. 846. Repoet op officer making sale.] The master, special commis- 2 sioner or other officer making such sale shall, within ten days (10) thereafter, 3 file a report of his doings in the matter in the office of the clerk of the court de- 4 creeing such sale. Upon the filing of such report the court may, in its discretion, 5 at once approve such report and confirm the sale reported, if no exceptions to 6 said report have been filed, or, if exceptions to said report have been filed,may, 7 in its discretion, at once proceed to hear such exceptions and sustain or overrule 8 the same. Sec. 847. Exceptions to report — 'FOrm.] Exceptions to a report shall be in 2 writing and immediately upon the filing of the same a copy thereof, together 3 with copies of all affidavits to be read in evidence in support thereof, shall be 4 served upon all the other parties to the action or upon their attorneys. The f ol- 5 lowing form of exceptions shall be deemed sufficient and shall be taken as fur- 6 nishing suggestions from which other exceptions may be properly framed : 8 John Doe et al, V. 9 Henry Doe et al. 552 In the Circuit Court of Cook County, Illinois. ■In Equity. No. 217. 10 Exceptions to Master's Report of Sale. 11 The defendant Mary Doe excepts to the master's report of sale filed herein 12 on the 27th day of August, 1908, on the following grounds: 13 First— That (in this and in subsequent paragraphs numbered consecutively 14 and each alleging a single and distinct ground of exception set forth briefly and 15 concisely the matters relied upon as ground of exception.) 16 Mary Doe, 17 By Thomas Jones, 18 . Her Attorney. Sec. 848. Conveyance to purchaser.] Upon the confirmation of the report 2 the master, special commissioner or other officer making the same, or some per- 3 son specially appointed thereto, shall execute and deliver to the purchaser or 4 purchasers of the premises sold, proper conveyances thereof, taking, in case of 5 sale on credit, security as required by the decree, which conveyances shall 6 operate as an effectual bar against all parties and privies to said action and all 7 persons claiming under them. Sec. 849. Distribution.] Upon the approval of the report, the proceeds of 2 the sale shall be distributed by the master, special commissioner or other person 3 making the sale, to the persons entitled thereto, according to their interests, as 4 directed by the court. Sec. 850. When dower, homestead, etc., to be sold.] In case of sale the 2 court may, with the assent of the person entitled to an estate in dower, or by the 3 courtesy or for life, or for years, or of homestead, to the whole or any part of the 4 premises, who is a party to the action, sell such estate with the rest. But such 553 5' assent shall be in writing, and signed by such person, and filed in the court 6 wherein liie said action for partition is pending. Sec. 851. Peocedure when pekson incapable op assent.] If such persons 2 are incapable of giving assent, the court may determine, taking into view the .3 interests of all parties, whether such estate ought to be excepted from the sale 4 or sold. Sec. 852. Payment of value in gboss or investment.] When any such in- 2 tefest is soldj the value thereof may be ascertained and paid over in grossj or the 3 proper proportion of the funds invested, and the incdMfe paid ov&f 1?6 thfe party 4 entitled thereto, during the continuance of the estate. Sec. 853. Court to act for person unknown.] If the person entitled 2 to any such estate is unknown, the court may determine whether the estate shall 4 be sold or not, as in case of persons under disability, and, in the event of sale, 5 make strch order for the protection of the rights of such person, in the same 6 manner, as far as may be, as if the person were kiioM^ and had appeared. Sec. 854.. Deposit of money unclaimed.] When a sale of premises is made 2 and no person appears to claim such portion of the money as may belong to any 3 non-resident, or person whose name is unknown, the court shall require such 4 money to be deposited in the county treasury, subject to the further order of the 5 court. All money so required to be deposited shall be received by the county 6 treasurer and paid upon the order of the said court. Sec. 855. How money deposited in county treasury may be obtained.] 2 When money is deposited in the county treasury under the provisions of this 3 act, the person or persons entitled to the same may at any time apply to the court 4 making the order of sale, and obtain an order for the same upon making satisfac- 5 tory proof to the court of his or her right thereto. 554 Sec. 856. Power of court as to conflicting titles, clouds, etc.] In all 2 actions for the partition of real estate under this act, the court may investigate 3 and determine all questions of conflicting or controverted titles and remove 4 clouds upon the titles of any of the premises sought to be partitioned, invest 5 titles, by their decrees, in the parties to whom the premises are allotted, without 6 the forms of conveyances by infants or unknown heirs or other parties to the 7 action, assign dower, and order a sale of the premises for the purpose of divid- 8 ing the premises in proper cases, and by its decree invest the purchaser with 9 title, and apportion incumbrances among the parties to whom the incumbered 10 premises are allotted. Sec. 857. Costs AND attorney's FEES.] In all actions for the partition of 2 real estate, when the rights and interests of all the parties in interest are prop- 3 erly set forth in the bill, the court shall apportion the costs, including the rea- 4 sonable attorneys ' fees, among the parties in interest in the action, so that each 5 party shall pay his or her equitable portion thereof, unless the defendants, or 6 some one of them, shall interpose a good and substantial defense to said bill. In 7 such case the party or parties making such substantial defense shall recover 8 their costs against the plaintiff acording to equity. 555 DIVISION XLIII. DOWER. Section 858. Duty of heir ,etc., to assign dower. 859. When dower may be recovered by bill in equity. 860. Practice to be as in equity. 861. Decree declaratory of rights, etc. — commissioners' oath. 862. Duty of commissioners. 863. When «dower may be allotted in a body. 864. Homestead or dwelling house. 865. Report of commissioners. 866. Procedure when premises not divisible. etc. Section 867. Sale for enforcement of lien. 868. Damages — when recoverable — how as- certained. 869. Commissioners subject to direction of and removal by court. 870. Action by heirs. 871. Assignment of dower in proceeding to sell for payment of debts. 872. Commission of waste — penalty. 873. Dower not relinquished when. Sec. 858. Duty of heir, etc., to assign dowek.] It shall be the duty of the 2 heir at law or other person having the next estate of inheritance or freehold 3 in any lands or estate of which any person is entitled to dower, to lay off and as- 4 sign such dower as soon as practicable after the death of the husband or wife 5 of such person so entitled to dower. Sec. 859. When dower may be recovered by bilij in equity.] If such heir 2 or other person shall not, within one month next after such death, satisfactor- 3 ily assign and set over to the surviving husband or wife dower in and to all 5 lands, tenements and hereditaments whereof by law he or she is or may be dow- 6 able, such survivor may sue for and recover the same by bill of complaint in 6 equity against such heir or other person or any tenant in possession or any other 7 person having or claiming any interest in the premises, whether in possession 8 or otherwise. Sec. 860. Practice to be as in equity.] The practice and mode of proceed- 2 ing in every such case shall, excepting as hereinafter provided, be the same, as 3 near as may be, as in other actions in equity. 556 Sec. 861. Decree declaeatoey op eights, etc. — commissioners' oath.] Up- 2 on the hearing of the action, upon pleadings and proofs or otherwise, the court 3 shall enter a decree declaring and fixing the rights of the respective parties 4 thereto, and if the court decrees that the plaintiff is entitled to dower the court 5 shall appoint three commissioners not connected with any of the parties, either 6 by consanguinity or affinity, and entirely disinterested, each of whom shall take 7 the following oath: 8 I do solemnly swear that I will fairly and impartially allot and set off to 9 (here insert name of person entitled to dower) surviving wife (or husband, as 10 the case may be), of (here insert. name of deceased husband or wife, as the case 11 may be), her (or his) dower out of the lands and tenements described in the 12 order of the court for that purpose, if the same can be done consistently with the 13 interests of the estate according to the best of my ability : So help me God. Sec. 862. Duty oe commissionbes.] The commissioners shall go upon the 2 premises and, if the same are susceptible of division without manifest prejudice 3 to the parties in interest, shall set off and allot to the person entitled thereto 4 his or her dower by metes and bounds, according to quality and quantity of all 5 the premises described in the order of the court. Sec. 863. When dowee may be allotted in body.] The dower need not be 2 assigned in each tract separately but may be allotted in a body out of one or 3 more tracts of land, when the same can be done without prejudice to the interest 4 of any person interested in the premises. Sec. 864. Homestead oe dwelling house.] The surviving husband or wife 2 shall have the homestead or dwelling house, if he or she desires, and such al- 3 lottment shall not affect his or her estate of homestead therein, but if the dower 4 is allotted out of other lands, the acceptance of such allottment shall be a waiver 557 5 and release of the estate of homestead of the person entitled to dower, and his or 6 her children, unless it shall be otherwise ordered by the court. Sec. 865. Eepoet of commissioneks.] The commissioners shall make re- 2 port in writing signed by at least two of them showing what they have done, 3 and, if they have made a division, describing the premises allotted by metes and 4 bounds or other proper description; and the allottment so made, if approved 5 by the court, shall vest in the person entitled thereto an estate in the lands and 6 tenements set off and allotted to him or her for and during his or her natural life ; 7 and the court shall forthwith cause such person to have possession by writ 8 directed to the sheriff for that purpose. Sec. 866. Procedure when premises not divisible, etc.] When the estate 2 out of which dower is to be assigned consists of a mill or other tenement which 3 cannot be divided without damage to the whole, and in all cases where the 4 estate cannot be divided- without great injury thereto, the dower may be as- 5 signed of the rents, issues and profits thereof, to be had and received by the per- 6 son entitled thereto as tenant in common with the owners of the estate, or a 7 jury may be impanelled to inquire of the yearly value of the dower therein, who 8 shall assess the same accordingly, and the court shall thereupon enter a decree 9 that there be paid to such person as an allowance in lieu of dower, on a day 10 therein named, the sum so assessed as the yearly value of such dower, and 11 the like sum on the same day of each year thereafter during his or her natural 12 life, and may make the same a lien on any real estate of the party against whom 13 such decree is rendered, or cause the same to be otherwise secured. Sec. 867. Sale for enforcement of lien.] Whenever any such decree is 2 made a lien on any real estate as provided in the preceding section, and a sale 3 of such real estate shall become necessary to satisfy any such installment, the 4 property shall be sold subject to the lien of the installments not then due, un- 558 5 less the court shall, at the time, direct otherwise, and subsequent sales may, 6 from time to time, be made to enforce such lien as the installments may become 7 due, until all the installments are paid. Sec. 868. Damages — when eecoveeable— how asoebtained.] Whenever, in 2 any action brought for the purpose, a surviving husband or wife recovers dower 3 in any lands, he or she shall be entitled to recover reasonable damages from the 4 time of his or her demand, and a refusal to assign reasonable dower, which dam- 5 ages may be assessed by the court or by a jury, if either party shall have filed a 6 demand in writing of a trial by jury, and a decree shall be entered by the court 7 for the amount so assessed, which decree may be enforced by execution or other 8 proper proceeding. Sec. 869. COMMISSIONEES SUBJECT TO DIRECTION OF AND REMOVAL BY COURT.] 2 'The commissioners shall at all times be subject to the direction of the court ; and 3 any one or more of them may, before the final confirmation of the report, be re- 4 moved, and others appointed in their stead. Sec. 870. Action by heirs.] Heirs, or, if under age, their guardians, or any 2 other persons interested in lands, tenements or hereditaments, may also maintain 3 an action in equity to have dower assigned to the person entitled thereto, whioh 4 action shall be heard and determined, as near as may be, in the manner herein- 5 before prescribed with respect to an action in equity for the assignment of dower 6 by a party claiming to be entitled to such dower. Sec 871. Assignment of dower in proceedings to sell foe payment op 2 debts.] Whenever application is made to a county court or a probate court for 3 leave to sell real estate of a deceased person for the payment of debts, or for the 4 sale of real estate of any ward, as authorized by law, and it appears that there is a 5 dower and a homestead, or other interest in the land sought to be sold, such court 6 may, in the same proceeding, on the petition of the executor, administrator, guar- 559 7 dian or conservator, or of the person entitled to dower and homestead, or either, 8 therein, cause the dower and homestead, or either, to be assigned and shall have 9 the same power and may take like proceedings therefor as hereinbefore provided 10 for the assignment of dower. Sec. 872. Commission of waste — penalty.] No person who is endowed of 2 any lands shall commit any waste thereon on penalty of forfeiting that part of the 3 estate wherein such waste is made to him or them that have the estate of free- 4 hold, or inheritance in remainder or reversion, but every person so endowed shall 5 maintain the houses and tenements, with the fences and appurtenances, in good 6 repair and shall be liable to the person having the next immediate estate of in- 7 heritance therein for all damages occasioned by any waste committed or suffered 8 by him or her, which damages may be recovered by an action at law. Sec. 873. DowEE not relinquished when.] No person who sells and con- 2 veys lands by order of court for the payment of debts shall be deemed to have 3 relinquished, by reason of such conveyance, any right of dower which he or she 4 may have in such lands, unless his or her relinquishment is specified in the deed 5 or conveyance. 560 DIVISIO N XLIV. raVOBCB AND SEPARATE MAINTENANCE. Section 874. Grounds for divorce. 875. Marriage of divorced persons pro- hibited when. 876. One year's residence required — excep- tion. 877. Divorce not to affect legitimacy of children — exception. 878. Practice to be as in equity. 879. Mode of trial. 88g. Procedure when bill taken for con- fessed — additional notice. 881. Effect of confession of defendant. 882. Collusion™-both parties guilty, etc. 883. How marriage in foreign state proved. 884. Restraint of wife by husband pro- hibited. Section 885. Custody and care of minor children. 886. Party suing or- defending as poor per- son. 887. Alimony and expenses pendente lite. 888. Woman may resume maiden name, etc. 889. Conveyance of property may be com- pelled. 890. Alimony and custody, etc., of children. 891. When alimony granted to person di- vorced for void marriage. 892. Sale of real estate to enforce lien. 893. Penalty for divorce advertisements. 894. Support — maintenance — costs. 895. Where action brought. Sec. 874. Grounds for divorce.] In every case in which a marriage has 2 been, or hereafter may be, contracted and solemnized between any two persons, 3 and it shall be adjudged, in the manner hereinafter provided, that either party 4 at the time of such marriage was and continues to be naturally impotent ; or that 5 he or she had a wife or husband living at the- time of such marriage ; or that 6 either party has committed adultery subsequently to the marriage; or has wil- 7 fully deserted or absented himself or herself from the husband or wife without 8 any reasonable cause for the space of two years ; or has been guilty of habitual 9 drunkenness for the space of two years, or has attempted the life of the other 10 by poison or other means showing malice ; or has been guilty of extreme and 11 repeated cruelty ; or has been convicted of felony or other infamous crime, it shall 12 be lawful for the injured party to obtain a divorce and dissolution of such mar- 13 riage contract in the manner hereinafter provided. Sec. 875. Marriage of divorced persons prohibited when.] In every case 2 in which a divorce has been granted for any of the several causes contained in 561 3 the preceding section neither party shall marry again within one year from the 4 time the decree was granted : Provided, when the cause for such divorce is adul- 5 tery, the person decreed guilty of adultery shall not marry for a term of two 6 years from the time the decree was granted : and, provided further, that noth- 7 ing in this section contained shall prevent the persons divorced from remarrying 8 each other ; and every person marrying contrary to the provisions of this section 9 shall be punished by imprisonment in the penitentiary for not less than one 10 year, nor more than three years, and said marriage shall be held absolutely 11 void Sec. ,876. One year's residence required— exception.] No person shall be 2 entitled to a divorce in pursuance of the provisions of this act who has not re- 3 sided in the state one whole year before filing his or her bill of complaint, unless 4 the offense or injury complained of was committed within this state or whilst one 5 or both of the parties resided in this state. Sec. 877. jDivoRCE not to affect legitimacy of children— exception.] No 2 divorce shall in any wise affect the legitimacy of the children of such marriage, 3 except in cases where the marriage shall be declared void on the grounds of a 4 prior marriage. Sec. 878. Practice to be as in equity.] The practice and mode of proceed- 2 ing in every action in equity for a divorce shall, excepting as hereinafter provided, 3 be the same, as near as may be, as in other actions in equity. Sec. 879. Mode of trial.] When the defendant appears and denies the 2 charges in the plaintiff's bill of complaint for a divorce, the issues in such action '3 shall be "tried by the court without a jury, and either with or without a refer- 4 ence to a master, unless the court, upon the application of either party or of its 5 own motion, shall direct that the same be tried by jury. Sec. 880. Procedure when bill taken for confessed— additional notice.] 2 If the bill of complaint is taken as confessed, the court shall proceed to hear 562 3 the action by examination of witnesses in open court, or by causing the testimony 4 of the witnesses to be taken before a master in chancery and reported to the 5 court by the master with or without his conclusions thereon, and in no case of 6 default shall the court grant a divorce unless the court is satisfied that all. proper 7 means have been taken to notify the defendant of the pendency of the action 8 and that the cause of divorce has been fully proved by reliable witnesses. 9 Whenever the court is satisfied that the interests of the defendant require it, 10 the court may order such additional notice as equity may seem to require. Sec. 881. Effecx op confession of defendant.] No confession of the de- 2 fendant shall be taken as evidence unless the court, if the issues be tried by the 3 court, or the jury, if the issues be tried by a jury, shall be satisfied that such con- 4 fession was made in sincerity and without fraud or collusion to enable the plain- 5 tiff to obtain a divorce. See. 882. Collusion — both pabties guilty, etc.] If it shall appear to the 2 satisfaction of the court that the injury complained of was occasioned by col- 3 lusion of the parties, or done with the assent of the plaintiff for the purpose of ob- 4 taining a divorce, or that the plaintiff was consenting thereto, or that both parties « 5 have been guilty of adultery, when adultery is the ground of complaint, then no 6 divorce shall be decreed. Sec. 683. How maeeiage in foreign state proved.] A marriage which may 2 have been celebrated or had in any foreign state or country may be proved by 3 the acknowledgement of the parties, their cohabitation, and other circumstantial 4 testimony. Sec. 884. Restraint of wife by husband prohibited.] The court may pro- 2 hibit the husband from interposing any restraint on the personal liberty of the 3 wife during the pendency of the action. 563 Sec. 885. Custody and caee of minor childben.] The court may, on tlie 2 application of either party, make such order concerning the custody and care 3 of the minor children of the parties during the pendency of the action as may be 4 deemed expedient and for the benefit of the children. Sec. 886. Party suing or defending as poor person.] Any party to an ac- 2 tion for divorce who shall make it appaar satisfactorily to the court that he or 3 she is poor and unable to pay the expenses of prosecutin,g or defending such ac- 4 tion, shall be allowed by the court to prosecute and defend the action without 5 costs, and in such cases no fees shall be charged by the officers of the court. Sec. 887. Alimony and expenses pendente lite.] In all actions of divorce 2 the court may require the husband to pay to the wife, or pay into court for her 3 use during the pendency of the action, such sum or sums of money as may enable 4 her to maintain or defend the action, and in case no such order shall have been 5 made during the pendency of the action, the court may, at the conclusion thereof, 6 require the husband to pay such sum as ma^y be reasonable compensation to the 7 attorneys of the wife for the services rendered and expenditures made by them 8 in and about the prosecution or defense of the action. And in every action for a 9 divorce the wife, when it is just and equitabl'e, shall be entitled to alimony dur- 10 ing the pendency of the action. In case of appeal or writ of error by the husband, 11 the court in which the decree or order is rendered may grant and enforce the 12 payment of such money for her defense and such equitable alimony during the 13 pendency of the appeal or writ of error as to the court shall seem reasonable 14 and proper, and when any order is made by the court for the payment by the hus- 15 band of money to the wife to enable her to defend an appeal or writ of error 16 prosecuted by him, no appeal shall be allowed from such order, but the same shall 17 be reviewed by writ of error only, and no stay of proceedings shall be granted 18 in such writ of error excepting by the court from which the writ of error is pros- 19 ecuted. 564 Sec. 888. Woman may eesumb maiden name, etc.] The court upon grant- 2 ing to a woman a divorce from the bonds of matrimony may allow her to resume 3 her maiden name or the name of any former husband. Sec. 889. Conveyance of property may be oompeuubd.] Whenever a di- 2 voree is granted, if it shall appear to the court that either party holds the title to 3 property equitably belonging to the other, the court may compel conveyance 4 thereof to be made to the party entitled to the same upon such terms as it shall 5 deem equitable. Sec. 890. Alimony and custody, etc., of children.] When a divorce shall 2 be decreed the court may make such order touching the alimony and maintenance 3 of the wife, the care, custody and support of the children, or any of them, as, 4 from the circimastances of the parties and the nature of the case, shall be fit, rea- 5 sonable and just; and, in case the wife be plaintiff, may order the defendant to 6 give reasonable security for such alimony and maintenance, or may enforce the 7 payment of such alimony and maintenance in any other maimer consistent with 8 the rules and practice of the court. And the court may, on application, from time 8 to time, make such alterations in the allowance of alimony and maintenance, and 10 the care, custody and support of the children, as shall appear reasonable and 11 proper. Sec. 891. When alimony granted, to person divorced for void marriage.] 2 When a divorce is granted to a woman who shall, in good faith, have intermar- 3 ried with a man having at the time of such marriage another wife or wives living, 4 the court may, nevertheless, allow the plaintiff alimony and maintenance the same 5 as in other cases of divorce ; but no such allowance shall be made as will be in- 6 consistent with the rights of such other wife or wives, which shall first be ascer- 7 tained by the court before the granting of such alimony or maintenance. 665 Sec. 892. Sale of bbal estate to enforce lien.] Whenever, in any ease of 2 divorce, a decree of alimony or maintenance is made a lien on any real estate* 3 to secure the payment of any money to become due by installments and a sale of 4 any such real estate shall become necessary to satisfy any of such installments, 5 the property shall be sold subject to the lien of the installments not then due, 6 unless the court shall at the time direct otherwise, and subsequent sales may, from 7 time to time, be made to enforce such lien as the installments, may become due, 8 until all installments are paid. Sec. 893. Penalty fob divorce advertisements.] "Whoever advertises, 2 prints, publishes, distributes or circulates, or causes to be advertised, printed, 3 distributed or circulated, any circular, pamphlet, card, hand-bill, advertisement. 4 printed paper, book, newspaper or notice of any kind with intent to procure or 5 to aid in procuring any divorce, either in this state or elsewhere, shall be fined not 6 less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) 7 for each offense, or imprisoned in the county jail not less than three months nor 8 more than one year, or both in the discretion of the court. This section shall not 9 apply to the printing or publishing of any notice or advertisement required or 10 authorized by any statute of the State of Illinois. Sec. 894. Support — maintenance — costs.] Married women, who, without 2 their fault, now live or hereafter may live, separate and apart from their hus- 3 bands, may have their remedy in equity in their own names, respectively, against 4 their said husbands in the circuit court of the county where the husband r-e- 5 sides, for a reasonable support and maintenance, while they so live or have so 6 lived separate and apart; and in determining the amount to be allowed the 7 court shall have reference to the condition of the parties in life at the place 8 of residence of the husband, and the circumstances of the respective cases ; and 9 the court may grant an- allowance or allowances to enable the wife to prosecute 10 her action as in cases of divorce. 566 Sec. 895. Wheee action brought.] An action under the preceding section 2 shall be instituted in the county where the husband resides, and process may be 3 served in any county in the State : Provided, however, that in case the husband 4 shall abandon his wife without fault on her part, and remove to another county 5 in this State, then and in that case such action may be brought by the wife, 6 either in the county where they resided at the time of such abandonment as 7 aforesaid, or in the county where the husband resides at the time of the com- 8 mencement of the action. DIVISION XLV. INJUNCTIONS, Section 896, 897 898 899 900, 901 902 903 904 90s 906. 907 908 909 Writs of injunction abolished — injunc- tion orders. Interlocutory, final, preventive and mandatory injunction orders. Master in chancery may grant injunc- tion order. Injunction not to be granted until bill filed — exception. Notice required — when dispensed with — requisites of notice. Injunction against municipal ordinance. Injunction against action or judgment at law. Bond for injunction to stay judgment — form. Bond in other cases— form. Requisites of interlocutory injunction order — form. Injunction bond to be filed. Service of injunction order — fees. Dissolution of injunction — assessment of damages. Violation of injunction — punishment. Section 910. Amendment not to operate as dissolu- tion. 911. Motion to dissolve — procedure. 912. Appeal riot to continue injunction in force — exception — power of supreme court or appellate court. 913. Bond for continuance of injunction. 914. Application on Sunday — procedure. 915. Mandatory injunction may be granted. 916. Procedure when acts sought to be en- joined have been already done. 917. When niandatory injunction may be en- forced. 918. Procedure when plaintiff may be pro- tected by bond — form of bond. 919. Interlocutory orders appealable — duty of judge. 920. Injunctions in election cases. 921. Requisites of bill in election matters — notice. 922. Procedure in actions for injunction as to election. 567 Sec. 896. Writs op injunctiotst abolished — injunction orders.] Writs 2 of injunction are hereby abolished and in lien thereof the circuit courts and the 3 superior court of Cook county and the city courts shall have power to grant in- 4 junction orders. Sec. 897. Interlocutory, final, preventive and mandatory injunction or- 2 dbrs.] Injunction orders shall be known as interlocutory or final, preventive or 3 mandatory. An interlocutory injunction order is one granted prior to a final 4 hearing and decree. A final injunction order is one granted by a final decree. A 5 preventive injunction order is one enjoining a party from doing some act. A 6 mandatory injunction order is one commanding a party to do some act. Any in- 7 junction order, whether interlocutory or final, may be preventive or mandatory. ' Sec. 898. Master in chancery may grant injunction order.] When there 2 is no judge of the court present in the county-seat of the county, or, in case of a 3 city court, in the city in which such court is established, or if the judge or judges 4 so present is or are "unable or incapacitated to act, any master in chancery in such 5 county may grant an interlocutory preventive injunction order. Sec. 899. Injunction not to be granted until bill piled— exception.] No 2 injunction order shall be granted excepting upon a bill of complaint in equity 3 filed with the clerk of the court in which the order is sought prior to the applica- 4 tion therefor : Provided, however, that in a case of emergency, when it appears 5 to the satisfaction of the judge or master applied to for an injunction order that 6 it would not be practicable for the plaintiff to file the bill of complaint without 7 such delay as to greatly prejudice his rights, the judge or master may hear the 8 application for the injunction order without the previous filing of such bill, but 9 in every such case the order signed by the judge, whether the same be an order 10 granting or refusing the injunction, shall, together with the bill of complaint, 11 be delivered by or under the direction of the judge or master to the clerk of the 568 12 court as soon as may be practicable, and not later than twenty-four hours there- 13 after, and such bill shall thereupon be filed and a minute of such order shall be 14 entered by the clerk, and no such order shall be served until a minute of the 15 same shall have been so entered by the clerk, excepting as may be otherwise here- 16 inafter provided. Sec. 900. Notice required ^ — when dispensed with— requisites op notice.] 2 No court or master shall grant an interlocutory injunction order without pre- 3 vious notice of the time and place of the application having been given to the de- 4 fendants to be affected thereby, or such of them as can be served conveniently, 5 unless it shall appear from the bill or affidavit accompanying the same that the 6 rights of the plaintiff will be unduly prejudiced if the injunction order is not 7 granted immediately and without such notice. Any notice so given shall have 8 attached thereto a copy of the bill of complaint, the affidavit verifying the same 9 and the other affidavits filed or to be filed therewith, and, if witnesses are to be 10 produced in open court in support thereof, the notice shall so specify and give the 11 names thereof. Sec. 901. Injunction against municipal ordinance.] No injunction order 2 to restrain the enforcement of an ordinance of a municipal corporation shall be 3 granted without previous notice to such municipal corporation of the application 4 therefor, which notice shall be served upon the corporation counsel, city attorney 5 or other attorney of such municipal corporation, or, if there be no such corpora- 6 tion counsel, city attorney or other attorney of such municipal corporation, then 7 upon any officer of such municipal corporation upon whom a summons to such 8 municipal corporation may be served. Service of such notice upon such corpor- 9 ation counsel, city attorney or other attorney, may be made by delivery of a copy 10 thereof to him or to any clerk in his office. Any notice so given shall have at- 11 tached thereto a copy of the bill of complaint, the affidavit verifying the same, 12 and the other affidavits filed or to be filed therewith, and, if witnesses are to be 569 13 produced in open court in support thereof, the notice shall so specify and give 14 the names thereof. Sec. 902. Injunction against action or judgment at law.] When an in- 2 junction order shall be granted to stay an action or judgment at law, the action 3 in equity for such injunction shall he commenced in the county where the judg- 4 ment was obtained or the action at law is pending, but the injunction order may 5 be served in any county in the state in which the defendant resides, and every such 6 injunction order when granted shall operate as a release of all errors in the pro- 7 ceedings at law that are prayed to be enjoined. But no injunction order shall be 8 granted to stay proceedings before a justice of the peace for a sum not exceed- 9 ing twenty dollars ($20) besides the costs, and only so much of any judgment at 10 law shall be enjoined as the plaintiff shall show himself equitably not bound to 11 pay and so much as shall be sufficient to cover costs. Any action or judgment 12 at law may also be stayed during the pendency of such action or after the rendi- 13 tion of such judgment by motion in such action and upon such notice as the court 14 may direct and by proof of facts which would authorize a decree or order in 15 equity staying such action or judgment. Sec. 903. Bond foe injunction to stay judgment — form.] Before an in- 2 terloeutory injunction order shall be granted to enjoin a judgment, the plaintiff 3 in the action in equity shall give bond to the plaintiff in the judgment in double 4 the amount of such judgment with sufficient security to be approved by the judge 5 or master, conditioned for the payment of all moneys and costs due to the plain- 6 tiff in the judgment and such damages as may be awarded against the plain- 7 tiff in the action in equity for the injunction in case the injunc- 8 tion order is dissolved. If the injunction order is dissolved, in whole or in patt, 9 the plaintiff shall pay, exclusive of legal interest and costs, such damages as the 10 court shall award not exceeding ten per centum on such part as may 570 11 be released from tlie injunction. Such bond may be in substantially the following 12 form: 13 In the Circuit Court of Cook Count, Ilmnois. 14 John Doe 1 V. yln Equity. No. 250. 15 Eichard Eoe. J 16 Bond for Injunction to Stay Judgment. 17 Know all men by theses presents, That we, John Doe, as principal, and 18 William Doe and Henry Doe, as sureties, are held and firmly bound unto Rich- 19 ard Roe in the penal sum of three thousand dollars ($3,000), for the payment of 20 which well and truly to be made we bind ourselves, our heirs,' executors ad- 21 ministrators and assigns, jointly and severally, firmly by these presents. 22 Witness our hands and seals this 10th day of February, 1908. 23 The condition of this obligation is such that whereas the above bounden John 24 Doe hath, on the day of the date hereof, obtained in the above entitled action from 25 the circuit court of Cook county, Illinois, an injunction order enjoining and re- 26 straining the said Richard Roe, until the further order of said circuit court, 27 from further proceedings under a judgment for the sum of fourteen hundred 28 dollars ($1,400) and costs obtained by said Richard Roe against said John Doe 29 in the superior court of Cook county on the 10th day of December, 1907. 30 Now, if the said John Doe shall pay to said Richard Roe all the moneys and 31 costs due to said Richard Roe upon such judgment and also all such damages as 32 may be awarded against said John Doe in case said injunction is dissolved, then 33 this obligation is to be void; otherwise the same is to be and remain in full force 34 and effect. 35 John Doe [seal.] 36 William Doe [seal,] 37 Henry Doe [seal.] 38 Approved February 10, 1908. 39 John Jones, Judge. 571 Sec. 904. Bond in other cases — form.] In all other cases before an in- 2 terlocutory injunction order shall be granted the complainant shall give bond in 3. such penalty and with such security as may be required by the court, judge or 4 master granting the injunction order and conditioned for the payment by the 5 plaintiff to the defendant against whom the injunction order is obtained of all 6 such costs and damages as may be awarded to such defendant against the plain- ? tiff in case the injunction is dissolved : Provided, a bond need not be required 8 when, for good cause shown, the judge or master is of opinion that the injunc- 9 tion order ought to be granted without bond. Such bond may be in substantially 10 the following form : 11 In the Circuit Court of Cook County, Illinois. 12 John Doe 1 , V. ■ [in Equity. No. 275. 13 Eichard Eoe. i i 14 Injunction Bond. 15 Know all men by these presents, That we, John Doe, as principal, and 16 "William Doe and Henry Doe, as sureties, are held and firnily bound unto Richard 17 Eoe in the penal sum of one thousand dollars ($1,000) for the payment of which 18 well and truly to be made be bind ourselves, our heirs, executors, administrators 19 and assigns, jointly and severally, firmly by these presents. 20 Witness our hands and seals this 10th day of February, 1908. 21 The condition of this obligation is such that whereas the above bounden 22 John Doe hath, on the day of the date hereof, obtained in the above entitled ac- 23 tion an injunction order enjoining and restraining the said Eichard Eoe as in 24 said injunction order specified until the further order of said circuit court : 25 Now, if the said John Doe shall pay to said Eichard Eoe all such costs and 26 damages as may be awarded to said Eichard Eoe against said John Doe in case 572 27 said injunction is dissolved, then tMs obligation is to be void ; otherwise the same 28 is to be and remain in full force and effect. 29 John Dob [seal.] 30 William Dob [seal.] 31 Henet Doe [seal.] 32 Approved February 10, 1908. 33 John Jones, Judge. 34 note. 35 In lieu of the words "as in said injunction order specified" in the above form 36 there may be inserted a specification of the acts from which the defendant is en- 37 joined and restrained, or, in case of a mandatory injunction order, the acts which 38 the defendant is commanded to do. Sec. 905. Ebquisites op interlootjtory injunction order— form.] Every 2 interlocutory injunction order shall b^ signed by the judge or master and a min- 3 ute thereof shall be forthwith entered by the clerk and it shall recite the giving 4 of the bond, the penalty and the name of the surety, or that the order is granted 5 without bond, and, if the same be granted without notice to the defendant, it shall 6 so recite and shall specify the affidavits considered and heard by the judge or 7 master upon the application for the injunction order and each of said affidavits 8 shall be marked by the judge by endorsing his initials thereon and the same shall 9 be filed with the clerk of the court, and, for the purposes of an appeal from such 10 order, shall be treated and considered as a part of the record in such action, and, 11 together with the bill and injunction order and a copy of the entries in the register 12 and minute book, shall constitute the entire record to be considered upon such 13 appeal. No order granting an injunction shall recite, excepting to the extent in 14 this section provided, any matters of fact, but the same shall be confined to a spec- 15 ification of the acts with respect to which the defendant is enjoined. An order 16 granting an injunction without notice to the defendant may be in substantially 17 the following form : 573 18 In the Circuit Court of Cook County, Illinois. 19 John Doe ] In Equity. No. 217. V. February 10, 1908. 20 Richard Roe. J Before Hon. John Jones, Judge. 21 This day, without notice to the defendant, upon the bill of complaint filed 22 herein, the affidavit verifying the same, and the affidavits of George Smith and 23 William Smith filed therewith, the court, having first required the defendant to 24 execute and file herein an injunction bond in the penal sum of one thousand dol- 25 lars ($1,000), with good and sufficient security to be approved by the court, and 26 the plaintiff having filed said bond with John Smith and William Smith as sure- 27 ties and the same having been approved by the court, doth thereupon, upon con- 28 sideration thereof, order as follows: 29 First— That the defendant, Richard Roe, be and he is hereby enjoined and 30 restrained, until the further order of this court, from selling, assigning, trans- 31 ferring or otherwise in any manner disposing of the promissory note mentioned in 32 the plaintiff's bill of complaint dated January 2, 1908, for the sum of five hun- 33 dred dollars ($500), made by the plaintiff and payable to the order of the de- 34 f endant at Chicago, Illinois, six months after date with interest at six per cent per 35 annum for value received. 36 Second— That the defendant, Richard Roe, be and he is hereby further en- 37 joined and restrained, until the further order of this court, from selling, trans- 38 ferring, conveying, incumbering or in any manner disposing of the south-west 39 quarter of section twenty (20), township thirty-nine (39) north, of range three 40 (3) east of the third P. M. in Cook county, Illinois. 41 John Jones, Judge. Sec. 906. Injunction bond to be filed. J Every injunction bond shall be 2 filed with the clerk of the court before the entry by such clerk of the minute of 3 the injunction order. 574 Sec. 907. Service of injunction ordeb— fees.] Any interlocutory injunc- 2 tion order may be served upon the defendant by any sheriff, deputy sheriff, 3 coroner or deputy coroner of the county in which such service is had or by 4 the bailiff or deputy bailiff of any court of record of such county or by any 5 person over the age of eighteen years, not a party to the action, by delivering 6 to the defendant a certified or sworn copy thereof, together with copies of the 7 plaintiff's bill of complaint, the affidavit verifying the same and the other aflfi- 8 davits filed in support thereof and also a copy of the plaintiff's bond, if any, 9 and informing such defendant of the contents of such certified or sworn copy : 10 Provided, however, such copies need not be served with the copy of the order 11 if they shall have been previously delivered to the defendant or to his attorney. 12 But no injunction order need be served upon the defendant if he shall have 13 been present in court by himself or attorney at the time of the granting of such 14 order. When service of any injunction order is made by any sheriff, deputy 15 sheriff, coroner, deputy coroner, bailiff or deputy bailiff, proof of such service 16 may be made by the return of such officer endorsed upon a copy thereof. 17 When service of any such injunction order is made by any person other than 18 a sheriff, deputy sheriff, coroner, deputy coroner, bailiff, or deputy bailiff, 19 proof of such service shall be made by the affidavit of the person making such 20 service endorsed on a copy of such order or attached thereto, which affidavit 21 shall state the name, place of residence, age and occupation, of the person mak- 22 ing such service and the fact that he is not a party to the action, and shall set 23 forth the date, place and manner of such service. The fees of any sheriff, dep- 24 uty sheriff, coroner, deputy coroner, bailiff or deputy bailiff, for the service of 25 any injunction order shall be such as may now or hereafter be provided by law 26 for the service of a summons and whenever any injunction order is served by 27 any person other than a sheriff, deputy sheriff, coroner, deputy coroner, bailiff 28 or deputy bailiff, the plaintiff shall be entitled to have taxed as costs in the 29 action in his favor an amount equal to one-half of the fees allowed by law to . 30 any sheriff for such service. 575 Sec. 908. Dissolution of injunction— assessment op "bAMAGES.] In all 2 cases where an interlocutory injunction order is dissolved by any court of 3 equity in this State the court, after dissolving such injunction, and before finally 4 disposing of the action, upon the party claiming damages by reason of such 5 injunction suggesting in writing the nature and amount thereof, shall hear evi- 6 dence and assess such damages as the nature of the case may require and to 7 equity appertain to the party damnified by such injunction and may award ex- 8 ecution to collect the same : Provided, a failure so to assess damages shall not 9 operate as a bar to an action upon the injunction bond. Sec. 909. Violation of injunction — punishment.] Uplon satisfactopy 2 proof being made that an injunction order has been violated the court granting 3 the same may issue an attachment and cause the party violating the injunction 4 order to be brought before the court and upon his being brought before the 5 court, unless he shall disprove or purge the said contempt, the court may punish 6 him therefor in the manner provided by law with respect to other civil con- 7 tempts of court. Sec. 910. Amendment not to operate as dissolution.] No amendment of 2 any bill of complaint, cross-bill of complaint, supplemental bill of complaint, or 3 bill of intervention, shall operate as a dissolution of an injunction order previ- 4 ously granted unless the court shall expressly so order. Sec. 911. Motion to dissolve — ^pkocedurb.] A motion to dissolve an 2 injunction may be made at any time upon answer or for want of equity 3 on the face of the plaintiff's bill of complaint. Upon a motion to dissolve an 4 injunction after ans\y^er the court shall not be bound to take the answer as ab- 5 solutely true, but shall decide the motion upon the weight of the testimony. 6 The plaintiff may support his biU of complaint and the defendant may sup- 7 port his answer by affidavits filed with the same, which may be read in evidence 8 on the hearing of the motion to dissolve the injunction, but the court, in its 576 9 discretion, may refuse to receive in evidence affidavits and may require the 10 respective parties to introduce oral evidence in open court in support of and 11 against such motion. The party moving a dissolution of an injunction shall be 12 entitled to an immediate hearing thereof unless the opposite party shall show 13 good and sufficient cause for a postponement of such hearing, and it shall not 14 be good cause for such postponement that the judge before whom such motion 15 is to be heard is engaged in the transaction of other business, unless such other 16 business be another motion for the dissolution of an injunction or for the grant- 17 ing of an injunction, or the appointment or discharge of a receiver, or the dis- 18 position of an action of habeas corpus. Sec. 912. Appeal not to continue injunction in force— exception— power 2 op supreme court or appellate court.] No appeal from a decree dissolving an 3 injunction shall have the effect to continue in force the injunction, unless the 4 court from which the appeal is taken shall so order, or unless the party taking 5 the appeal shall, within ten days after the appeal is taken, procure from the 5 supreme court or the appellate court, as the case may be, or a judge thereof, an 7 order directing that the appeal shall have the effect to continue such injunction 8 in force ; and no such order shall be granted except for good cause appearing 9 in the record, nor when the bill is dismissed by the plaintiff. The supreme 10 court or appellate court, as the case may be, or a judge thereof, may, for good 11 cause, extend the time for procuring such order. Sec. 913. Bond for continuance of injunction.] The court or judge 2 granting the order for the continuance in force of any such injunction may re- 3 quire, as a condition of granting the same, such further bond and security to 4 be filed with the clerk of the supreme court or appellate court, as the case may 5 be, as may be deemed equitable. Sec. 914. Application on Sunday— procedure.] When an application shall 2 be made on a Sunday for an interlocutory injunction order and there shall be 577 3 presented with the bill of complaint an affidavit of the plaintiff, or his or her 4 agent or attorney, stating that the benefit of an injunction will be lost or endan- 5 gered, or irremediable damage occasioned, unless such injunction be immediate- 6 ly issued and giving the reasons for such statement, then it shall be lawful for 7 any judge or officer who is authorized by any law of this State to grant injunc- S tion orders, if it appears to him from such affidavit that the benefits of an in- 9 junction will be lost or endangered or irremediable damages occasioned unless 10 such injunction order be immediately granted, and if the plaintiff otherwise be 11 entitled to such order under the law, to grant an injunction order on a Sunday; 12 and it shall be lawful for the clerk to enter, and for the sheriff, or other officer or 13 person, to serve such injunction order on a Sunday as on any other day, and 14 all affidavits and bonds made and proceedings had in such case shall have the 15 same force and effect as if made or had on any other day, and such order may 16 be served in the same manner as in other cases, without the bill of complaint 17 being filed or a minute of such order being entered until the following day, but 18 such bill of complaint shall thereupon be filed and a minute of such order en- 19 tered at or before ten o'clock a. m. of the succeeding day. Sec. 915. Mandatory injunction may be granted.] The court shall have 2 power to grant a mandatory injunction order, either upon an interlocutory ap- 3 plication or upon a final hearing, whenever, in its opinion, justice will be pro- 4 moted thereby. Sec. 916. Procedure when acts sought to be enjoined have been already 2 done.] When, before the filing of the plaintiff's bill of complaint, or after the 3 filing of the same, but before notice of an application for an interlocutory in- 4 junction, the defendant shall have done the act or any one or more of several 5 acts sought to be enjoined by such bill of complaint, the court may, upon the 6 final hearing, require the defendant, if practicable, to undo the act or acts thus 7 done or may award the plaintiff any other appropriate relief with respect there- 578 8 to, and when sucli act or acts shall have been done by the defendant after the 9 filing of the plaintiff's bill of complaint and after notice of an application for 10 an interlocutory injunction order, the court may, in its discretion, upon such 11 facts being made to appear, grant an interlocutory mandatory injunction or- 12 der requiring the defendant to undo, if practicable, such act or acts or may 13 grant the plaintiff such other interlocutory remedial relief as justice may re- 14 quire. Sec. 917. When mandatory injunction may be enforced.] No manda- 2 tory injunction order shall be enforced until the lapse of ten days after the 3 granting of the order unless it shall appear that irreparable injury will result to 4 the plaintiff from such delay. Sec. 918. Proceduejb when plaintiff may be protected by bond — form of 2 bond.] No interlocutory injunction order shall be granted upon an application 3 made after notice to the defendant, when it shall appear to the satisfaction of 4 the court that the plaintiff may be amply and properly secured against injury 5 from the act or acts sought to be enjoined by means of a bond with good and 6 sufficient security, unless the defendant shall refuse to give such bond in such 7 amount and with such security as may be approved by the court. Such bond 8 may be in substantially the following form: 9 In the Circuit Court of Cook County, Illinois. 10 John Doe. ] V. kn Equity. No. 500, 11 Richard Roe. J 12 Bond in Lieu of Injunction Order. 13 Know all men by these presents. That we, Richard Roe, as principal, and 14 Henry Smith and Thomas Jones, as sureties, are held and firmly bound unto 15 John Doe in the penal sum of five thousand dollars ($5,000), for the payment 16 of which, well and truly to be made we bind ourselves, our heirs, executors, ad- 17 ministrators and assigns, jointly and severally, firmly by these presents. 579 18 Witness our hands and seals this 10th day of February, 1908. 19 The condition of this obligation is such that whereas the above bounden 20 John Doe hath, on the day of the date hereof, applied in the above entitled 21 action to the circuit court of Cook county, Illinois, for an injunction order en- 22 joining and restraining the said Eichard Eoe from (here insert the things sought 23 to be enjoined and restrained by the proposed order) until the further order of 24 said circuit court, and whereas said circuit court. hath declined to enter the order 25 applied for on condition that the said Richard Eoe execute and file in said ac-. 26 tion a bond with good and sufficient security to secure the said John Doe against 27 injury from the acts thus sought to be enjoined. 28 Now, if the said Eichard Eoe shall pay to said John Doe all costs and dam- 29 ages which may be awarded to said John Doe from the doing by said Eichard 30 Eoe of the acts, or any of them, thus sought to be enjoined or restrained, if said 31 acts or any of them shall be done by said Eichard Eoe during the pendency of 32 the above entitled action, then this obligation is to be void; otherwise the same 33 is to be and remain in full force and effect. 34 Eichard Eoe [seal.] 35 Henby Smith [seal.] 36 Thomas Jones [seal.] 37 Approved February, 10, 1908. 38 John Jones, Judge. 39 note. 40 If the injunction order sought is a mandatory injunction order, the above 41 form may be varied from accordingly. Sec. 919. Interloctjtoey obdees appealable— duty of judge.] All inter- 2 locutory orders granting, refusing, modifying, enlarging or otherwise changing 3 or dissolving injunctions may be reviewed by appeal in the manner hereinafter 4 provided in this act. For the purpose of facilitating the prosecution of any 5 such appeal the judge by whom the order appealed from has been entered shall. 580 6 upon the demand of the party prosecuting such appeal, proceed forthwith to 7 settle and sign the report of the proceedings by this act provided for, and the 8 settling and signing of such report shall take precedence over all other business 9 pending before such judge. Sec. 920. Injunctions in election cases.] In addition to the matters with 2 respect to which courts of equity have heretofore been authorized to grant in- 3 junctions, the circuit courts and the superior court of Cook county shall have 4 power, upon the application of any citizen or citizens of this State, to grant in- 5 junction orders, both preventive and mandatory, in all cases where such orders 6 may appear to be convenient and speedy remedies to prevent neglects or vio- 7 lations by public officers of the provisions of the constitution and laws of this 8 State pertaining to elections, whether primary or otherwise, or to compel the 9 observance by public officers of such provisions. But no such order shall be 10 granted without at legist two days previous notice in writing to the officer or 11 officers sought to be enjoined and to the state's attorney of the county in which 12 the order is sought of the application therefor, nor shall any such order be- 13 come effective until the lapse of at least twenty days from the date thereof or 14 such further time as the court granting the order may direct. Sec. 921. Requisites of bill in election matters— notice.] A bill of com- 2 plaint for an injunction under the preceding section, if in the form, as near as 3 may be, hereinbefore prescribed for a bill of complaint in equity, shall be deemed 4 sufficient, when it sets forth that the plaintiff is a citizen of this State, describes 5 the official positions of the defendants, specifies the constitutional or statutory 6 provision or provisions sought to be enforced and that, in the opinion of the 7 plaintiff, the defendants are about to neglect or violate the same and shall 8 pray for the enforcement of such provisions by injunction and for general re- 9 lief and shall be verified by the affidavit of the plaintiff that he believes the alle- 10 gations of the same to be true and that the bill is exhibited in good faith, and 581 11 for the sole purpose of securing compliance by the defendants with the pro- 12 visions of the constitution and laws of the State. No service of summons upon 13 the defendants shall be necessary in any such action, but the defendants and the 14 state's attorney, upon being served with notice of the application for the in- 15 junction order and a copy of the bill of complaint, shall be bound to enter their 16 appearance in such action at the time specified in such notice. Sec. 922. Procedure in action for injunction as to election.] Every 2 such bill of complaint, when the relief sought thereby pertains to an election 3 to be thereafter held, shall be filed at least thirty days prior to the date fixed 4 by law for the election with respect to which the plaintiff seeks the enforcement 5 of the constitutional or statutory provisions referred to therein, and when any 6 such bill of complaint is filed it shall be the duty of the court in which the same 7 is filed to give the same precedence over the other business of the court and to 8 determine the same speedily and without unnecessary delay. When the injunc- 9 tion order sought for by such bill is denied the court shall at the same time dis- 10 miss the bill of complaint for want of equity. If the relief prayed for by the 11 plaintiff, or any portion- thereof, is granted by the court the order granting the 12 same shall be deemed a final decree. The plaintiff may, if he so elect, prosecute 13 an appeal to the supreme court from the decree rendered in such action by 14 filing with the clerk of the court, within five days after rendition of such decree, 15 a notice of appeal and making the deposit hereinafter required. In case the 16 plaintiff shall not within five days from the entry of the decree perfect an ap- 17 peal therefrom as hereinbefore provided any other citizen of this state may, at 18 any time within the succeeding five days prosecute an appeal from such -decree 19 to the supreme court by filing with the clerk of the court by which the decree is 20 rendered a notice of appeal and making the deposit hereinafter provided for, 21 and such appeal shall be heard and determined as if the party prosecuting the 22 same were a party to the action. When, in any such action, any decree is ren- 23 dered other than one dismissing the bill of complaint for want of equity, the 582 24 court, as a part of such, decree, shall enter an order allowing to the defendants 25 an appeal therefrom to the supreme court and it shall be the duty of the de- 26 defendants to prosecute such appeal. Upon the allowance of such appeal to the 27 defendants or the filing of such notice of appeal and the making of the deposit 28 aforesaid by the plaintiff or other citizen of the State, it shall be the duty of the 29 clerk of the court in which the decree is entered to forthwith transmit to the 30 clerk of the supreme court the authenticated record hereinafter provided for 31 and the clerk, of the supreme court shall docket the same and it shall thereupon 32 be the duty of the supreme court to forthwith hear and determine such appeal: 33 Provided, however, that, when it shall be necessary for either party to prepare 34 a report of the proceedings to be settled and signed by the judge, the trans- 35 mission of such authenticated record may be delayed by the clerk until such re- 36 port of the proceedings shall be settled and signed. DIVISION XLVI. KEOEIVEKS. Section 923. Definition of receiver. 924. Receivers divided into classes. 925. Powers and duties of receivers of first class. 926. Powers and duties of receivers of sec- ond class. 927. Powers and duties of receivers of third class. 928. Powers and duties of receivers of fourth class. 929. Bond by party making! application — form. 930. Order to specify class of receiver ap- pointed. 931. Receiver to give bond — exception. 932. Certified copy to be prima facie evi- dence. 933. Forms of orders. Section 934. Official receiver. 935. Bond of official receiver — oath. 936. Certified copy of order to be prima facie evidence — form of certificate. 937. Salary of official receiver — assistants and employes — attorneys. 938. Suitable rooms, stationery, etc., for re- ceiver. 939. Compensation other than salary for- bidden. 940. Expenses of receivership — how paid. 941. In what cases official receiver to act. 942. Depositories for moneys of official re- ceiver.- 943. Fees of receivers. 944. How receipts of fees, etc., of official re- ceiver disposed of. 583 Sec. 923. Definition op receivek.J A receiver is a person standing in- 2 different between the parties to an action who is appointed by the court to 3 take charge of property under the direction of the court during the pendency of 4 the action and to exercise such powers and perforin such duties with respect 5 thereto as may be determined by tiie court. Sec. 924. Receivers divided into classes.] Receivers shall be divided into 2 the following classes: 3 Firsi— Recbivees to peeservb.] Receivers to preserve property, who shall 4 be known as receivers of the first class. 5 Second — Receivers to preserve and collect.] Receivers to preserve prop- 6 erty and to collect rents and choses in action, who shall be known as receivers 7 of the second class. 8 T/i«V(Z— Receivers to preserve and carry on business.] Receivers to pre- 9 serve property and carry on business, who shall be known as receivers of the 10 third class. 11 FoMri)i— Receivers in creditors' actions.] Receivers appointed in credi- 12 tors' actions and proceedings, who shall be known as receivers of the fourth 13 class. Sec. 925. Powers and duties op receivers op pirst class.] A receiver of 2 the first class shall, by virtue of his appointment and without special direction 3. of the court, have power and it shall be his duty to take possession and control 4 of the property of wftich he is appointed receiver and take all necessary steps 5 and make all necessary expenditures for the preservation of the property, by 6 providing storage for, or insuring the same, or employing custodians therefor, 7 or otherwise, during the continuance of the litigation and to make such dis- 8 position of such property, from time to time, as may be ordered by the court. Sec. 926. Powers and duties op receivers op second class.] A receiver 2 of the second class shall, by virtue of his appointment and without special ;, 584 3 direction of the court, have all the powers and perform all the duties of a re- 4 ceiver of the first class and shall also have power and it shall be his duty to 5 take possession and control of the property of which he is appointed receiver, 6 to collect the rents of, make repairs, pay taxes and special assessments upon, in- 7 sure and make leases of, real estate, during the term of the receivership; to col- 8 lect, by action or otherwise, all promissoiy notes and all choses in action; to re- 9 duce to money all property of a perishable nature, and to institute and prose- 10 cute, in his own name as receiver, any action which could be prosecuted by the 11 party of whose property he is appointed receiver. Sec. 927. Powers and duties of keceivees oe third class.] A receiver of 2 the third class shall, by virtue of his appointment and without special direction 3 by the court, have all the powers of a receiver of the second class and shall also 4 have power and it shall be his duty, until otherwise directed by the court, to 5 continue the carrying on of the business of the person, co-partnership or cor- 6 poration of whose property he is appointed receiver and for that purpose to 7 employ all necessary agents, clerks, and other employees and to incur all neces- 8 sary expenditures. Sec. 928. Powers and duties oe eecbivees oe fourth class.] A receiver 2 of the fourth class shall, by virtue of his appointment and without special di- 3 rection by the court, have all the powers and perform all the duties of a re- 4 ceiver of the second class and shall also be vested with all the right, title and 5 interest existing in the judgment debtor at the time 'of the appointment in and 6 to all property of the judgment debtor of every kind and character and also 7 with the right to maintain, in his own name, as such receiver, any action which 8 could be maintained by the judgment debtor and also any action which could 9 be maintained by the judgment creditor by whom the creditor's action or pro- 10 ceeding has been instituted, or by any other judgment creditor, who, by bill 11 of intervention or otherwise, has become a party to such creditor's action or 585 12 proceeding, to set aside any conveyance, encumbrance, transfer or other dis- 13 position of property made by the judgment debtor for the purpose of hindering, 14 delaying or defrauding his creditors, or to otherwise obtain satisfaction of ^ 15 such creditor's judgment. Sec. 929. Bond by party making application — foem.] Before any re- 2 ceiver shall be appointed the party making the application shall give a bond 3 payable to the People of the State of Illinois, with such penalty and such 4 security as may be approved by the court, conditioned for the payment to the 5 adverse party and to all other parties in interest, of all damages, including reason- 6 able attorney's fees, sustained by reason of the appointment and the costs of such 7 receivership, in case the appointment of such receiver is revoked or set aside : 8 Provided, however, that such bond need not be required when, for good cause 9 shown and upon notice and full hearing, the court is of opinion that a receiver 10 ought to be appointed without such bond. Such bond may be in substantially 11 the following form: 12 In the Circuit Court of Cook County, Illinois. 13 John Doe et al 1 . V. Yin Equity. No. 500. 14 Eichard Roe et al. J 15 Bond for Order for Appointment of Receiver. 16 Know all men by these presents, That we, John Doe, as principal, and 17 William Doe and Henry Doe, as sureties, are held and firmly bound unto Rich- 18 ard Roe in the penal sum of three thousand dollars ($3,000) for the payment 19 of which well and truly to be made we bind ourselves, our heirs, executors, ad- 20 ministrators and assigns, jointly and severally, firmly by these presents. 21 Witness our hands and seals this 10th day of February, 1908. 22 The condition of this obligation is such that whereas the circuit court of 23 Cook county, Illinois, upon the application of the above bounden John Doe is 24 about to enter an order in the above entitled action for the appointment of a 25 receiver of the second class: 586 26 Now, if the said John Doe shall pay to the defendant Kichard Eoe and to 27 all other parties in interest all damages, including reasonable attorney's fees, 28 sustained by them respectively by reason of the appointment of such receiver 29 and also the costs of such receivership^ in case the appointment of such receiver 30 is revoked or set aside, then this obligation is to be void; otherwise the same 31 is to be and remain in full force and effect. 32 John Dob [seal.] 33 William Doe [seal.] 34 Heney Doe [seal.] 35 Approved February 10, 1908. 36 John Jones, Judge. Sec. 930. Order to specify class of receiver appointed.] It shall not be 2 necessary or permissible in any order appointing a receiver to recite at length 3 the powers and duties of such receiver, but it shall be sufficient to specify the 4 property with respect to which the appointment is made and to specify the class 5 to which the receiver belongs and the person so appointed shall thereupon possess 6 all the powers and perform all the duties of a receiver of such class. But the 7 court may, by a subsequent order, change the classification of the receivership, or 8 may confer upon the receiver powers in addition to those specified in this act. 9 When a receiver is appointed without notice to the defendants, the order shall 10 so recite and shall specify the affidavits considered and heard by the judge upon 11 the application for the order and each of said affidavits shall be marked by the 12 judge by endorsing his initials thereon and the same shall be filed with the clerk 13 of the court, and, for the purposes of an appeal from such order, shall be treated 14 ^nd considered as a part of the record in the action, and together with the bill 15 and order appointing a receiver and a copy of the entries in the register and 16 minute book, shall constitute the entire record to be considered upon such ap- 17 peal: Provided, however, that the court appealed to may, upon the hearing of 18 such appeal, permit the introduction of further evidence as hereinafter provided. 587 Sec. 931. Receiver to give bond— exception— poem.] Before the entry of 2 any order appointing a receiver the court shall require such receiver to execute 3 and deliver to the clerk of the court, to be filed at the time of the entry of the 4 order of appointment, a bond payable to the People of the State of Illinois in 5 such sum and with such surety or sureties as the court may deem sufficient, con- 6 ditioned for the faithful performance of his duties as such receiver and that he 7 will account for and pay and deliver over all money and property which may come 8 into his hands as such receiver in accordance with the orders of the court or as 9 may be required by law': Provided, however, that no bond need be required of 10 any official receiver of the court appointed as hereinafter provided other than 11 the bond required of him as such official receiver. The following form of bond 12 provided for by this section shall be deemed sufficient and shall be taken as fur- 13 nishing suggestions from which other receivers ' bonds may be properly framed : 14 In the CiECtriT Coubt of Cook County, Illinois. 15 John Doe et aJ. "j V. Vin Equity. No. 475. 16 Eichard Roe et al.J 17 Reoeiveb's Bond. 18 Know all men by these presents, That we,. Solomon Brown, as principal, 19 and Henry Jones and Thomas Smith, as sureties, are held and firmly bound un- 20 to the People of the State of Illinois, in the penal sum of ten thousand dollars 21 ($10,000), for the payment of which well and truly to be made we bind ourselves, 22 our heirs, executors, administrators and assigns, jointly and severally, firmly by 23 these presents. 24 Witness our hands and seals this 10th day of February, 1908. 25 The condition of this obligation is such that whereas the circuit court of 26 Cook county, Illinois, has, on the day of the date hereof, entered an order in the 27 above entitled action appointing the above bounden Solomon Brown as a receiver 28 of the second class therein : 588 29 . Now, if tlie said Solomon Brown shall faithfully perform his duties as such 30 receiver and shall account for and pay and deliver over all money nnd property 31 which may come into his hands as sucJi receiver in accordance with the orders 32 of said court or as may be required by law, then this obligation is to be void; 33 otherwise the same is to be and remain in full force and effect. 34 Solomon Bbown, [seal.] 35 Hensy Jones, [seal] 36 Thomas Smith, [seal.] 37 Approved February 10, 1908. 38 John Jones, Judge. Sec. 932. Certified copy to be prima facie evidence.] A certified copy of 2 the order appointing a receiver together with a certificate of the clerk that such 3 receiver has filed his bond in compliance with the order, in case such order re- 4 quires the filing of such bond, shall be received in every court in this State as 5 prima facie evidence of the validity of such appointment and of the right of the 6 person appointed to exercise the powers of. a receiver of the class specified in 7 such order of appointment. The following forms of certificates provided for 8 by this section shall be deemed sufficient and shall be taken as furnishing sug- 9 gestions from which other certificates may be properly framed: 10 1. Certificate when no bond is required or receiver. 11 In the Circuit Court of Cook County, Illinois. 12 John Doe et al. ] V. - lln Equity. No. 175. 13 Eichard Roe et al. J 14 Certificate. 15 I, John Smith, clerk of the circuit cpurt of Cook county, Illinois, do hereby 16 certify that the annexed is a true copv of an order entered by said court in the 17 above entitled action on the 10th day of February, 1908. 18 Witness my hand and the seal of said circuit court at Chicago, Illinois, this 19 12th day of February, 1908. 20 John Smith, Clerk. 589 21 2. Certificate when bond is eequired op receivee. 22 In the Circuit Court of Cook County, Illinois. 23 Jolm Doe et al. ] V. kn Equity. No. 175. 24 Eieliard Eoe et al. J 25 Certificate. 26 I, John Smith, clerk of the circuit court of Cook county, Illinois, do hereby 27 certify that the annexed is a true copy of an order entered by said court in the 28 above entitled action on the 10th day of February, 1908, and that the said Samuel 29 Jones therein appointed as receiver has duly filed his bond in said court in com- 30 pliance with said order. 31 Witness my hand and the seal of said circuit court at Chicago, Illinois, this 32 12th day of February, 1908. 33 John Smith, Clerh. Sec. 933. Forms of orders.] The following forms of orders appointing re- 2 ceivers shall be deemed sufficient and shall be taken as furnishing suggestions 3 from which other similar orders may be properly framed : 4 1. Order appointing receiver when bond is required of plaintiff and also 5 of receiver. 6 In the Circuit Court of Cook County, Illinois. 7 John Doe et al. ' "l In Equity. No. 475. j V. \ February 10, 1908. 8 Richard Roe et al. J Before Hon. John Jones, Judge. 9 This day on motion of the plaintiffs, due notice having been given to the 10 defendants, the court having first required the plaintiffs to execute and file hereir 11 a bond in the sum of five thousand dollars ($5,000) with security to be approved 12 by the court and conditioned as required by law in such cases, and the plaintiffs 13 having filed such bond with Henry Brown and Thomas Jones as sureties and 14 the same having been approved by the court, it is ordered by the court that 15 Solomon Brown be and he is hereby appointed as a receiver of the second class 16 of (here specify property of which he is appointed receiver), he, the said Solo- 590 17 mon Brown, to execute and deliver to the clerk of this court to be filed at the 18 time of the entry of this order a receiver's bond payable to the People of the 19 State of Illinois in the penal sum of ten thousand dollars ($10,000) with Frank 20 Smith and George Jones as sureties, conditioned as provided by law. 21 2. Oeder appointing beceivek when no bond is bequibed and official be- 22 CEivEB is appointed without bond. 23 In the Cibctjit Coubt of Cook County, Illinois. 24 John Doe et al. ] In Equity. No. 475. v. I February 10, 1908. 25 Richard Eoe et al. J Before Hon. John Jones, Judge. 26 This day on motion of the plaintiffs, due notice having been given to the 27 defendants and a full hearing havi ng been had, it is ordered by the court that 28 Solomon Brown, the official receiver of this court, be and he is hereby appointed 29 as receiver of the first class of (here specify property of which he is appointed 30 receiver). 31 3. Obdeb appointing eeceivee without notice. 32 In the Ciecuit Coubt of Cook County, Illinois. 33 John Doe et al. "lln Equity. No. 475. v. \ February 10, 1908. 34 Richard Roe et al. J Before Hon. John Jones, Judge. 35 This day, on motion of the plaintiffs and without notice to the defendants, 36 upon the bill of complaint filed herein, the affidavit verifying the same and the 37 affidavit of George Smith and William Smith filed therewith, the court having 38 first required the plaintiffs to execute and file herein a bond in the sum of five 39 thousand dollars ($5,000) with security to be approved by the court and con- 40 ditioned as required by law in such cases, and the plaintiff having filed such 41 bond with Henry Brown and Henry Jones as sureties and the same having been 42 approved by the court, it is ordered by the court that Solomon Brown be and 43 he is hereby appointed as receiver of the second class of (here specify property 44 of which he is appointed receiver), he the said Solomon Brown to execute and 45 deliver to the clerk of this court, to be filed at the time of the entry of this order, 591 46 a receiver 's bond payable to the People of the State of Illinois in the penal sum 47 of ten thousand dollars ($10,000) with Frank Smith and George Jones as sure- 48 ties, conditioned as provided by law. Sec. 934. Official eeceiver.J The judges of the circuit court of each county 2 other than Cook, and, in Cook county, the judges of the circuit court and the 3 judges of the superior court of said county respectively, may appoint for their 4 respective courts an official receiver and it shall be the duty of the judges of each 5 of said courts to make such appointment of an official receiver for the court of 6 which they are judges whenever the business to be disposed of, without the inter- 7 vention of a jury, in such court shall be sufficient to occupy, during nine 8 months of the year, the entire time of one or more of the judges of such court. Sec. 635. Bond of official tieceivee— oath.J Every person appointed as 2 official receiver under the preceding section shall, before entering upon the dis- 3 charge of the duties of his office, execute and file with the clerk of the court in 4 and for which he is appointed a bond payable to the People of the State of 5 Illinois, with such penalty and such security as may be approved by the court, 6 conditioned for the faithful performance of his duties as such official receiver 7 and that he will account for and pay and deliver over all money and property 8 which may come into his hands as such receiver, in accordance with the orders 9 of the court or as may be required by law. Additional bonds may be required 10 from such official receiver from time to time, in the discretion of the court. 11 The expense of obtaining such official receiver's bond shall be payable out of 12 the county treasury of the county in and for which he is appointed. 13 Such receiver shall also, before entering upon the discharge of the duties of his 14 office, take and subscribe and file with the clerk of the court in and for which he 15 is appointed the following oath or affirmation; 16 I do solemnly swear (or affirm, as the case may be) that I will support the 17 Constitution of the United States and the Constitution of the State of Illinois, 592 18 and that I will faithfully discharge tha duties of the office of official receiver of 19 .the court of county to the best of my ability. Sec 936. Certified copy or obdek to be peima facie evidence— foem of ceb- 2 TIFICATE.J When any official receiver is appointed as aforesaid and has filed his 3 bond as hereinbefore provided the clerk of the court shall deliver to said official 4 receiver a certified copy of the order of his appointment with a certificate thereto 5 attached of the filing by such receiver of the bond hereinbefore provided for, 6 which certified copy shall be received in every court of this state as prima facie 7 evidence of the right of the person appointed to exercise the powers and perform 8 the duties of the office of official receiver. The certificate herein provided for 9 may be in substantially the following form: 10 In the Ciecuit Court op Cook County, Illinois. 11 In the matter of the appoint- 12 ment of official receiver of 13 the Circuit Court of Cook 14 Coimty. Special Proceeding. No. 160. 15 I, John Smith, clerk of the circuit court of Cook county, Illinois, do hereby 16 certify that the annexed is a true copy of an order entered by said court on 17 the 10th day of February, 1908, and that said Samuel Jones therein named has 18 duly filed his bond in said court in compliance with said order. 19 Witiiess my hand and the seal of said circuit court at Chicago, Illinois, 20 this 12th day of February, 1908. 21 John Smith, Clerk. Sec. 937. Salaey of official eeceiver — assistants and employes— attob- 2 NEYS.J Such official receiver shall receive such salary as may be fixed by the 3 court in the order of appointment and such salary may be increased or dimin- 4 ished, from time to time, in the discretion of the court: Provided, however, that 5 the salary of no receiver shall exceed that of a judge of the circuit court of the 6 county in which he is appointed. He may appoint such number of assistants, 7 one or more of whom shall be competent attorneys at law, and other employes 593 8 as may be determiued, from time to time, by a majority of the judges of tlie 9 court, whose salaries shall be fixed, from time to time, by the court and shall be 10 subject to be increased or diminished from time to time in the discretion of the 11 court. Such assistants and employes shall give bond to be approved by the court 12 conditioned, as near as may be, like the bond required of the official receiver, 13 and shall be subject to removal at any time by an order of court. All busi- 14 ness of the official receiver requiring the services of a competent attorney at law 15 shall be attended to by one or more of the assistants of such receiver : Provided, 16 however, that in any action prosecuted by a receiver of the fourth class the 17 attorney at law to represent such receiver therein may be selected by the cred- 18 itor at whose instance such receiver is appointed and, when so selected, may 19 be paid a reasonable compensation, to be fixed by the court, out of any moneys 20 collected in the action in which the receiver is appointed: and, provided, further, 21 that in any case of unusual importance or difficulty the court may specially 22 authorize the employment of an attorney at law who is not an assistant of the 23 receiver. See. 938. Suitable rooms, stationery, etc., for receiver.] Suitable rooms 2 shall be provided for such official receiver by the judges of the court making the 3 appointment and also all necessary books and stationery, the expenses thereof 4 to be paid in the manner hereinafter provided. Sec. 939, Compensation other than salary forbidden.] No receiver, assist- 2 ant or employe shall receive, either directly or indirectly, any profit, emolument, 3 compensation or gratuity of any kind or character by virtue or by means or by 4 reason of his office or employment, other than his salary as hereinbefore pro- 5 vided for. Sec. 940. ExiPENSEs op receivership— how paid.] All expenses incurred by 2 such receiver in and about each receivership shall be paid by him out of the 594 3 moneys or property which may come into his hands hy virtue of such receiver- 4 ship and shall he a first lien upon all property of which he is appointed receiver. Sec. 941. In what oases oFFicxMi eeceivee to act.] In any county in which 2 an official receiver has heen appointed as hereinhef ore provided he shall axjt as 3 receiver in every action in which a receiver may be appointed by the court, un- 4 less all the parties to the action in which- the receiver is appointed shall, by an 5 instrument in writing signed by each of them, or by their respective attorneys, 6 agree to and request the appointment of some other person or corporation, in 7 which case the person or corporation so requested to be appointed shall be ap- 8 pointed by the court. Sec. 942. Depositories foe moneys of official eeceivee.] The court ap- 2 pointing an official receiver shall designate one or more depositories for the 3 deposit and safe-keeping of the moneys which may come into the hands of such 4 receiver by virtue of his appointment and may, in its discretion, require any 5 person or persons, corporation or corporations, appointed as such depository 6 or depositories, to give a bond or bonds with good and sufficient sureties for the 6 safe keeping of the moneys deposited by such official receiver, and it shall be 7 the duty of the court to require every such depository to pay to such receiver, 8 upon the money deposited with such depository, such rate of interest as may 9 be, from time to time, the prevailing rate of interest paid by bankers and bank- 10 ing corporations upon similar deposits, and the interest so paid shall be account- 11 ed for by such receiver as a part of the earnings of his office. Sec 943. Fees of official keoeivees.] An official receiver, in addition to 2 reimbursement on account of the expenditures made or liabilities incurred by 3 him with respect to the property of which he is appointed receiver, which ex- 4 penditures and liabilities are to be determined by the court by which he is ap- 5 pointed, shall receive the following fees and allowances and no others. 595 6 F^Vsi— Advance payment.] An advance payment to be fixed by tbe court at 7 the time of the appointment of the receiver and to be paid by tJie party on whose „8 application the receiver is appointed, the same to be refunded to such party out 9 of the property embraced in the receivership in case it shall be finally determined 10 that the appointment of the receiver was rightful, which advance payment shall 11 not be less than ten dollars ($10) nor more than five hundred 'dollars 12 ($500), the amount to be fixed by the court upon consideration of all the circum- 13 stances bearing upon the probable amount of work to be performed and expendi- 14 tures made by the receiver. 15 Second— Commission .] . A commission based upon the value, to be estimated 16 by the court, of the property embraced in the receivership, which commission 17 shall be as follows: 18 a— When the value of the property does not exceed one thousand dollars 19 ($1,000) such commission shall be five per cent, thereof. 20 6— When the value of the property exceeds one thousand dollars ($1,000), 21 but does not exceed five thousand dollars ($5,000), such commission shall be five 22 (5) per cent, on the first one thousand dollars ($1,000) and three (3) per cent. 23 on the balance. 24 c— When the value of the property exceeds five thousand dollars ($5,000), 25 but does not exceed ten thousand dollars ($10,000), such commission shall be 26 five (5) per cent, on the first one thousand dollars ($1,000), three (3) per cent, on 27 the next four thousand dollars ($4,000), and two (2) per cent, on the balance. 28 d—When the value of the property exceeds ten thousand dollars ($10,000), 29 but does not exceed one hundred thousand dollars ($100,000), such commission 30 shall be five (5) per cent, on the first one thousand dollars ($1,000), three (3) per 31 cent, on the next tour thousand dollars ($4,000), two (2) per cent, on the next 32 five thousand dollars ($5,000 )and one (1) per cent, on the balance. 33 e— When the value of the property e:^ceeds one hundred thousand dollars 34 ($100,000) such commission shall be five (5) per cent, on the first one thousand 596 35 dollars ($1,000), three (3) per cent, on the next four thousand dollars ($4,000), 36 two (2) per cent, on the next five thousand dollars ($5,000), one (1) per cent. 37 on the next ninety thousand dollars ($90,000) and one-half (14) of one (1) per 38 cent, on the balance: Provided, However, that whenever any receivership shall 39 be terminated within one year after the entry of the order appointing the re- 40 ceiver, the court may, in its discretion, allow such deduction from the commis"- 41 sion thus fixed, as the court, under all circumstances, may deem reasonable; 42 and provided further, that as to so much of the property embraced in the re- 43 ceivership as consists of real estate which is not converted into money the eom- 44 mission shall be computed upon the rental value thereof during the pendency of 45 the receivership. 46 Third — Allowance for time or receivee and assistants, except attorney.] 47 An allowance to be fixed by the court at the termination of the receivership 48 sufficient to compensate for the time actually devoted by the receiver and his as- 49 sistants and salaried employes, not including assistants performing services as 50 attorneys at law, to the work of the receivership, of which an accurate account 51 shall be kept by such receiver, assistants, and salaried employes. 52 Fourth — Allowance to attorney assistant or receiver.] An allowance to 53 be fixed by the court at the termination of the receivership, or allowances to 54 to be fixed from time to time during the continuance of the receivership, for 55 the services of assistants of the receiver who are attorneys at law. 56 F'i/^/i— Allowances to other attorneys.] Allowances to be fixed by the 57 court from time to time for the services of attorneys at law specially employed 58 as hereinbefore provided. Sec. 944. How receipts op pees, etc., 6p official receiver disposed op.] All 2 receipts of every official receiver of fees and allowances shall be held and dis- 3 posed of by such official receiver in such manner as the judges of the court by 4 whom he is appointed may, by rules, provide, and the same, excepting allow- 5 ances to attorneys at law not assistants of the receiver, shall be used, so far ; 597 6 as may be necessary, by Siii.l judges in tbe payment of tbe salaries of tbe receiv- 7 er, his assistants and other employes, the rent of tha necessary rooms for such 8 receiver, assistants and employes, and the cost of all necessary books and sta- 9 tionery for the general purposes of the office of the receiver and not chargeable 10 to any particular receivership estate. At the end of each six months the respec- 11 tive judges shall ascertain the total fees collected or retained by the receiver 12 and the amount paid or to be paid therefor on account of the salaries and othei" 13 expenses in this section provided for, and the balance of such fees, after de- 14 ducting such salaries and expenses, shall be paid into the county treasury of 15 the county in which the court is held. But if such salaries and expenses shall 16 exceed such fees, the deficit shall be paid out of the county treasury of the county 17 in which such court is held in such manner as said judges may determine. DIVISION XLVII. NE EXEAT. Section 945. When ne exeat may issue. 946. When writ may issue against co-obligor or co-debtor. 947. What xourts may issue writ— power of master in chancery. 948. How action commenced — form of bill. 949. How order for ne exeat obtained — form of order and bonds. Section 950. 957 952 953 954' 955 Action by defendant on bond — assess- ment of damages. To what court writ returnable — form. Bond to be given by defendant — ^breach. Surety may surrender principal. Procedure on return of writ. Writ may be quashed or set aside. Sec. 945. When ne exeat may issue.] Writs of ne exeat republica may 2 hereafter be granted as well in cases where the debt or demand is not actually 3 due, but exists fairly and bona fide in expectancy at the time of making appli- 4 cation, as in cases where the demand is due; and it shall not be necessary to 5 authorize the granting of the writ of ne exeat, that the claimant should show 598 6 that the debt or demand is purely of an equitable character and only cog- 7 nizable before a court of equity Sec. 946. When writ may issue against co-obligoe or co-debtor.] In cases 2 of joint, or joint and several, obligors or debtors, if one or more of them be 3 about to remove without the jurisdictional limits of this state, taking their 4 property with them, leaving one or more co-obligors or co-debtors bound with 5 them for the payment of any sum of money or for the delivery of any article 6 of property, or for the conveyance of land at a certain time, which time shall 7 not have arrived at the time of such intended removal, such co-obligor or co- 8 debtor who remains shall be entitled, upon application, to a writ of ne exeat, to 9 compel the co-obligor or co-debtor who is about to remove to secure the pay- 10 ment of his part of the sum to be paid, or the delivery of the property, or to 11 convey, or to join in the conveyance of the land. Also, in cases of security, the 12 writ of ne exeat may issue, on application of a surety, against the principal or 13 co-surety when the obligation or debt shall not be yet due and the principal or 14 co-surety is about to remove out of the state. t Sec. 947. "What courts may issue writ— power op master in chancery.] 2 The superior court of Cook county and the circuit courts shall have power to 3 grant writs of ne exeat, and, when no judge of either of said courts who is 4 able to act is present in the county, any master in chancery of such court may 5 order the issuing of such writs. Sec. 948. How action commenced.] The action of ne exeat shall be com- 2 menced by the filing by the plaintiff with the clerk' of the proper court of a bill 3 of complaint in equity, which bill of complaint shall be framed in accordance 4 with the rules in this act prescribed for the framing of such bills and shall be 5 verified by the affidavit of the plaintiff, his agent or attorney. Sec. 949. How order for ne exeat obtained— form of order and bonds.] 2 Upon the filing of such bill of complaint the court or master in chancery, as the 599 3 case may be,. if such, court or master find sucli bill to be sufficient, upon tbe exe- 4 cution by the plaintiff of a bond in such sum and with such surety or sureties as 5 the court or master shall deem proper or sufficient, conditioned that the plaintiff 6 will prosecute his bill of complaint with effect and that he will reimburse to the 7 defendant such damages and costs as he shall wrongfully sustain by occasion 8 of such writ, shall sign and cause to be entered an order directing the issuance 9 of such writ of ne exeat, in which order the court or master shall state in what 10 penalty bond and security shall be required of the defendant. The following 11 forms of bond to be executed by the plaintiff, and order entered by the court or 12 master, shall be deemed sufficient and shall be taken as furnishing suggestions 13 from which other bonds and orders may be properly framed : 14 1. Ne exeat bond executed by plaintiff. 15 In the Ciecuit Court op Cook County, Illinois. 16 John Doe 1 V. [in Equity. No. 75. 17 Richard Roe. J 18 Plaintiff's Ne Exeat Bond. 19 Know all men by these presents, That we, John Doe, as principal, and Wil- 20 liam Doe and Henry Doe, as sureties, are held and firmly bound unto Richard Roe 21 in the penal sum of five thousand dollars ($5,000) for the payment of which 22 well and truly to be made we bind ourselves, our heirs, executors, administrat- 23 ors and assigns, jointly and severally) firmly by these presents. 24 Witness our hands and seals this 10th day of February, 1908. 25 The condition of the above obligation is such that whereas the circuit court 26 of Cook" county, Illinois, on the day of the date hereof and upon the application 27 of the above bounden John Doe, did enter an order in the above entitled action 28 directing the issuance of a writ of ne exeat for the arrest of the said Richard 29 Roe : 30 Now, if the said John Doe shall prosecute his bill of complaint in the above 31 entitled action with effect and shall reimburse to the said Richard Roe such dam- 600 32 ages and costs as he, the said Richard Roe, shall wrongfully sustain by oc- 33 casion of such writ of ne exeat, then this obligation is to be void; otherwise the 34 same is "to be and remain in full force and effect. 35 John Doe. [seal,] 36 William Doe. [seal.] 37 Henby Doe. [seal.] 38 Approved by me this 10th day of February, 1908. 39 John Jones, Judge. 40 2. Order for writ of ne exeat.] 41 In the Circuit Court of Cook County, Illinois. 42 John Doe ] In Equity. No. 75. V. V February 10, 1908. 43 Richard Roe. J Before Hon. John Jones, Judge. 44 This day, on motion of the plaintiff, upon the bill of complaint herein and 45 the affidavit verifying the same, the court having first required the plaintiff to 46 execute and file herein a bond in the penal sum of five thousand dollars ($5,000) 47 with security to be approved by the court and conditioned as required by law 48 in such cases, and the plaintiff having filed such bond with William Doe and 49 Henry Doe as sureties, and the same having been approved by the court, it is 50 ordered by the court that a writ of ne exeat be issued herein for the appearance 51 of the defendant on the 24th day of February, 1908, and for the commitment of 52 said defendant, Richard Roe, to the county jail of Cook county, unless he shall 53 give a bond in the penal sum of two thousand dollars ($2,000) with good and suf- 54 ficient sureties conditioned as provided by law. 55 ^ John Jones, Judge. 56 Note. 57 If the order is made by a master in chancery it shall be signed by him 58 and in lieu of the words "Before Hon. John Jones, Judge," there may be insert- 59 ed the words "Before (here insert name of master) Esq., Master in Chancery. " 601 Sec. 950. Action by dependant on bond— assessment op damages.] If any 2 defendant to such action of ne exeat shall think himself aggrieved he may bring 3 action on such bond ; and if, on trial, it shall appear that such writ of ne exeat 4 was prayed for without a just cause, the person injured shall recover damages 5 to be assessed as in other actions on penal bonds. In every case where a writ of 6 ne exeat is quashed or set aside by any court of equity in this state, the court, 7 after quashing or setting aside such writ of ne exeat and before finally disposing 8 of the action, upon the party claiming damages by reason of such writ of ne exeat 9 suggesting, in writing, the nature and amount thereof, shall hear evidence and 10 assess such damages as the nature of the case may require, and to equity apper- 11 tain, to the party damnified by such writ of ne exeat and may award execution 12 to collect the same: Provided, however, that a failure so to assess damages 13 shall not operate as a bar to an action upon the ne exeat bond. Sec. 951. To what court writ returnable— form.] Every writ of ne exeat 2 shall be returnable into the court out of which it issued. Such writ of ne exeat 3 shall be in substantially the following form: 4 In the Circuit Court of Cook County, Ilunois. 5 John Doe V. 6 Richard Roe. . In Equity. No. 75. 7 Writ of Ne Exeat. 8 The People of the State of Illinois— Greeting to the sheriff of Cook county: 9 You .are hereby commanded to summon Richard Roe to personally be and 10 appear before the circuit court of Cook county, Illinois, at the county court- 11 house in Chicago, in said county, on the 24th day of February, 1908, to answer to 12 the above entitled action in equity brought against him in said court by John 13 Doe. 14 You are further commanded that, if the said Richard Roe shall not give a 15 bond in the penal sum of two thousand dollars ($2,000) with good and sufficient 602 16 sureties to be approved by you, conditioned as provided by law, you commit the 17 said Richard Eoe to the county jail of Cook county to abide the further order 18 of said court in the premises or until he shall give such bond or be otherwise 19 discharged according to law. 20 Witness John Smith, clerk of our said circuit court and the seal thereof at 21 Chicago, Illinois, this 10th day of February, 1908. 22 John Smith, Cleric. Sec. 952. Bond to be given by defendant— breach.] Upon the writ being 2 served upon a defendant he shall give a bond with security in the sum speci- 3 fied in such writ, conditioned that he will not depart the state without leave 4 of said court and that he will render himself in execution to answer any judg- 5 ment or decree which the court may render against him, and in default of giv- 6 ing such bond he may be committed to jail as in other cases for the want of bail. 7 No temporary departure from the state shall be considered as a breach of the 8 said bond, if he shall return before personal appearance shall be necessary to 9 answer or perform any judgment, order or decree of such court. The foUow- 10 ing form of bond provided for by this section shall be deemed sufficient and 11 shall be taken as furnishing suggestions from which other bonds may be prop- 12 erly framed. 13 In the Circuit Court op Cook County, Illinois. 14 John Doe "I V. \ln Equity. No. 75. 15 Eichard Roe. J 16 Defendant's Nb Exeat Bond. 17 Know all men by these presents, That we, Richard Eoe, as principal, and 18 Thomas Jones and William Smith, as sureties, are held and firmly bound unto 19 John Doe in the penal sum of two thousand dollars ($2,000) for the payment of 20 which well and truly to be made we bind ourselves, our heirs, executors, ad- 21 ministrators and assigns, jointly and severally, firmly by these presents. 603 22 Witness our hands and seals this 12th day of February, 1908. 23 The condition of this obligation is such that if the above bounden Richard 24 Eoe shall not depart the State of Illinois without leave of the circuit court of 25 Cook county, Illinois, and that he will render himself in execution to answer 26 any judgment or decree which the court may render against him in the above 27 entitled action, then this obligation is to be void; otherwise the same is to be 28 and remain in full force and effect. 29 RioHAKD Roe, [seal.] 30 Thomas Jones, [seal.] 31 William Smith, [seal.] 32 Approved by me this 12th dav of February, 1908. 33 George Smith, Sheriff. » Sec. 953. Surety may surrender principal.] The surety in any bond for 2 the defendant as aforesaid may, at any time before the said bond shall be for- 3 feited, surrender the said defendant, in exoneration of himself, in the same man- 4 ner that bail may surrender their principal and obtain the same discharge. Sec. 954. Procedure on return op writ.] On the return of the writ of ne 2 exeat, if the same shall have been duly served, the court shall proceed there^ 3 in as in other cases in chancery if the true performance of the duty or 4 obligation of the defendant has expired; if not, then the proceedings shall be 5 stayed until it has expired. ' Sec. 955. Writ may be quashed or set aside.] Nothing contained in the 2 preceding sections shall prevent the court from proceeding at any time to deter- 3 mine whether the writ ought not to be quashed or set aside. 604 DIVISION XLVIII. CONTEMPT OF COURT. Section 956. How contempt may be committed. 957. No other act to be punished as con- tempt. 958. Contempts civil and criminal — defini- tions. 959. Punishment of civil contempt. 960. Punishment of criminal contempt. 961. Action of contempt — jurisdiction. 962. In whose name action commenced. 963. How action of civil contempt com- menced — forms. 964. Procedure when defendant fails to ap- pear — forms. Section 965. Procedure when defendant appears and admits, etc. — found guilty — form of judgment. 966. Procedure when defendant appears and denies, etc. — form of judgment. 967. Procedure when defendant not guilty — form or order. 968. In whose name criminal contempt pros- ecuted. 969. Procedure when contempt is in pres- ence of court — form of judgment. 970. Procedure when contempt is not in presence of court. 971. Forms. See. 956. How contempt may be committed.] Contempt of court may b© 2 committed in either one of the following ways : 3 JP'irsf— Misbehavior in presence of court.] By misbehavior of any person 4 in the presence of the court, or so near thereto as to obstruct the administration 5 of justice. 6 /S'econ(!?— Misbehavior of officer of coubt.^ By misbehavior of any officer 7 of the court in an official transaction. 8 TAirrfl— Disobedience of writ or order.] By disobedience or resistance by any 9 officer of the court, or by any party, juror, witness, or other person, to any law- 10 ful writ, process, order, rule, decree or command of the court. Sec. 957. No other act to be punished as contempt.] No court of record of 2 this state shall have power to punish, as a contempt of court, any act unless the 3 same is included in those specified in the preceding section, or is expressly de- 4 clared to be a contempt of court by some other provision of this act. Sec. 958. Contempts civil and criminal— definitions.] Contempts may be 2 either civil or criminal. A civil contempt shall consist of willful disobedience 605 3 by any party to a civil or quasi criminal action of an order made by the court 4 in such action for the benefit of the opposing party therein. Every other con- 5 tempt shall be deemed a criminal contempt. Sec. 959. Punishment of civil contempt.] When the contempt is a civil 2 contempt the punishment therefor may be as follows : 3 First— 'Befvsaij to do something ordered to be done.] When the contempt 4 -consists in the willful refusal of the defendant to do something directed by the 5 order of the court to be done by him, the punishment shall be a fine not exceeding 6 five hundred dollars ($500), which fine when collected shall be paid to the plain- 7 tiff, and, in addition to such fine the court may sentence the defendant to im- 8 prisonment in the county jail, house of correction or work house, until the de- 9 fendant does the thing directed by the order of the court to be done, or until he 10 is discharged according to law. 11 Second — Doing something forbidden to be done.] When the contempt con- 12 sists in the doing by the defendant of something which he is forbidden by the 13 order to do, the punishment shall be a fine in such sum as, in the opinion of the 14 court, will compensate the party'in whose favor the order has been entered for 15 the wrongful act of the defendant, which fine when collected shall be paid to the 16 plaintiff, and, in addition to such- fine the court may sentence the defendant to 17 imprisonment in the county jail, house of correction or worMiouse, for not ex- 18 ceeding six months and until such time thereafter as the defendant shall give 19 security for future compliance by him with the order of the courts or until he 20. shall be discharged according to law. 21 T/iir^?— When defendant is corporation.] When the contempt is committed 22 by a corporation the fines in the two preceding clauses provided for shall be im- 23 posed upon the corporation and the imprisonment therein provided for may be 24 imposed upon such officer or officers, agent or agents, of the corporation as the 25 court may find to be responsible for the commission of the contempt, or the 26 court may, in its discretion, in lieu of or in addition . to the imprisonment of 606 27 such officer or officers, agent or agents, appoint a receiver of the property of 28 such corporation during such time as may be necessary to secure compliance 29 by the corporation with the order of the court, the expenses of such receivership 30 to be borne by such corporation. Sec. 960. Punishment of criminal contempt.] When the contempt is a 2 criminal contempt the punishment therefor may be a fine not exceeding one thou- 3 sand dollars ($1,000), or imprisonment in the county jail, house of correction 4 or workhouse, not exceeding one year, or both, in the discretion of the court. 5 When the contempt is committed by a corporation the fine in this section pro- 6 vided for shall be imposed upon the corporation, and the imprisonment may be 7 imposed upon such officer or officers, agent or agents, of the corporation as the 8 court may find to be responsible for the commission of the contempt. Sec. 961. Action of contempt — jurisdiction.] Punishment of a party 2 guilty of contempt of court may be obtained by an action brought in the court 3 with respect to which the misbehavior, disobedience or resistance constituting 4 the contempt has been committed, and every court of record shall have juris- 5 diction of the action of contempt. Sec. 962. In whose name action commenced.] When the contempt sought 2 to be punished is a civil contempt the action shall be commenced in the name of the 3 person in whose favor or for whose benefit the order disobeyed has been entered, 4 or by some person interested as successor in right or title or otherwise in the 5 enforcement of the order. When the contempt sought to be punished is a 6 criminal contempt the action shall be commenced in the name of the People of 7 the State of Illinois. Sec. 963. How action of civil contempt commenced— forms.] An action of 2 contempt, when the contempt is civil, shall be commenced by the filing and enter- 3 ing by the plaintiff in the proper court of a motion by the pjaintiff for a rule 607 4 .upon the defendant to show cause why the defendant shall not be punished for 5 a contempt of court, accompanied by an affidavit of the plaintiff, his agent or 6 attorney, setting forth the facts relied upon by the plaintiff in support of the 7 motion with proof of the service upon the defendant, or upon the defendant's 8 attorney, of notice of the motion and of a copy of the affidavit. The following 9 forms of motions and affidavits and proofs of service accompanying the same 10 in cases of civil contempt shall be deemed sufficient and shall be taken as fur- 11 nishing suggestions from which other similar papers may be properly framed: 12 1. Motion and affidavit for rule on defendant to show cause why he 13 should not be^punished for a civil contempt in refusing to pay money. 14 In the Circuit Court of Cook County, Illinois. 15 Mary Doe r V. \ Contempt. No. 16. 16 John Doe. [ 17 Motion for Rule to Show Cause. 18 The plaintiff, Mary Doe, moves the court for a rule upon the defendant to 19 show cause why he should not be punished for a civil contempt of court. 20 Mary Doe, 21 By Heney Jones, 22 Her Attorney. 23 Mary Doe on her oath says that she is the plaintiff herein and that the de- 24 fendant, John Doe, has wilfully refused to pay to the plaintiff the sum of one 25 hundred dollars ($100), which sum the said defendant was required to pay to 26 the plaintiff on the 20th day of February, 1908, by the decree of this court en- 27 tered in the case of Mary Doe v. John Doe, In Equity, No. 87, on the 10th day 28 of February, 1908. ^ 29 Mary Doe. 30 Subscribed and sworn to before me this 25th day of February, 1908. 31 I John Smith, Clerk, 608 32 2. Notice or motion for rule to show cause in case or civil contempt an.d 33 proof op service op copy of motion and affidavit. 34 In the Circuit Court of Cook County, Illinois. 35 Mary Doe ] V, ^Contempt. No. 16. 36 John Doe. J 37 To the defendant in the above entitled action: 38 You are hereby notified that at ten o'clock a. m., on Thursday, the first day 39 of March, 1908, I shall move the court, before Hon. John Jones, Judge, for a rule 40 upon you to show cause why you should not be punished for a civil contempt of 41 court of which motion and the affidavit in support thereof copies are hereunto 42 attached. 43 Mary Doe, 44 By Henry Jones, 45 Her Attorney. 46 Affidavit of Service. 47 William Brown on his oath says that he is a resident of Chicago, lUinoiSj 48 and is above the age of eighteen years ; that he is employed as a clerk in the office 49 of Henry Jones, the attorney for the plaintiff in the above entitled action; and 50 that on the 26th day of February, 190S, he delivered to the above named John 51 Doe, at Chicago, Illinois, the notice of which the above is a copy and also copies 52 of the motion and affidavit mentioned in said notice. 53 William Brown. 54 ' Subscribed and sworn to before me this 27th day of February, 1908. 55 John Smith, Clerk. 56 3. Motion and affidavit for rule on defendant to show cause why he 57 should not be punished for a civil contempt in violating an injunction order. 58 In the Circuit Court of Cook County, Illinois. 59 John Doe "I V, kContempt. No. 25. 60 Richard Roe. J 61 Motion for Rule to Show Cause. 62 The plaintiff, John Doe, moves the court for a rule upon the defendant, Rich- 609 63 ard Roe, to show cause why he should not be punished for a contempt of court. 64 John Doe, 65 By Henry Jones, 66 , His Attorney. 67 Affidavit. 68 John Doe on his oath says that he is the plaintiff herein and that the de- 69 fendant, Richard Roe, did on the 20th day of February, 1908, sell and transfer 70 to one= William Roe, at Chicago, Illinois, a promissory note dated January 2, 71 1907, for the sum of five hundred dollars ($500) made by the plaintiff and pay- 72 able to the order of the defendant at Chicago, Illinois, sis months after date 73 with interest at six per cent per annum for value received, in violation of the 74 injunction order entered by this court in the case of John Doe v. Richard Roe, 75- In Equity, No. 85, on the 10th day of February, 1908. 76 John Doe. 77 Subscribed and sworn to before me this 23rd day of February, 1908. 78 John Smith, Clerk. Sec. 964. Proceduke when defendant fails to appear— forms.] If the 2 defendant fails to appear at the time specified in the notice the court may, if 3 in its opinion, the facts set forth in the affidavit filed by the plaintiff justify it, 4 order the issuance of an attachment to bring the defendant before the court. 5 Such attachment may be in substantially the following form : 6 In the Circuit Court of Cook County, Illinois. 7 Mary Doe ] V. ^Contempt. No. 16. 8 John Doe. J 9 Attachment for Contempt. 1® The People of the State of Illinois— Greeting to the sheriff of Cook County: 11 We command you that you take the body of John Doe, if he be found in 12 your county, and bring him instanter before the circuit court of Cook county. 610 13 Illinois, at tlie county court house in Chicago, in said county, to answer to 14 the above entitled action for a contempt of court. 15 Witness John Smith, clerk of said circuit court, at Chicago aforesaid, 16 this first day of March, 1908. 17 John Smith, Clerk. Sec. 965. Procedure when defendant appeaes and admits, etc. — found 2 guilty— FORM of JUDGMENT.] If the defendant appears at the time specified 3 in the notice and admits the truth of the facts set forth in the affidavit or does 4 not deny the same by coimter-affidavit, and the court is of the opinion that the 5 the facts set forth in the affidavit justify it, ihe court may enter a judgment 6 adjudging the defendant guilty of a contempt of court and imposing upon him 7 the punishment hereinbefore provided, which judgment may be in subst^tially 8 the following form: 9 In the Circuit Court op Cook County, Ilunois. 10 Mary Doe ] Contempt. No. 16, V. I March 3, 1908. 11 John Doe. J Before Hon. John Jones, Judge. 12 This day the court, the defendant being present and admitting the truth 13 of the facts set forth in the affidavit herein, finds the defendant guilty of a 14 civil contempt of court herein, and thereupon, in accordance with such finding, 15 the court doth sentence the defendant to pay to the plaintiff a fine of fifty dol- 16 lars ($50) and the plaintiff's costs of the action and also to be imprisoned in the 17 county jail of Cook county for the period of ten days from and after his deliv- 18 ery to the keeper thereof, and doth order that the defendant further -stand com- 19 mitted to the county jail of Cook county until said fine and costs are paid and 20 until he further pays to the plaintiff the sum of one hundred dollars ($100) 21 which the defendant was required to pay to the plaintiff on the 20th day of 22 February, 1908, by the decree of this court entered in the action of Mary Doe 23 V. John Doe, In Equity, No. 87, on the 10th day of February, 1908, or until the 24 defendant is discharged according to law. 611 Seo. 966. Procedure when defendant appears and denies, etc.— form of 2 judgment.] If the defendant appears at the time specified in the notice and 3 denies the truth of the facts set forth in the affidavit by counter-affidavit, and 4 the court is of the opinion that the facts set forth in the affidavit of the plain- 5 tiff constitute a contempt, the court shall proceed to hear the evidence produced 6 by the respective parties, and, at the request of either party, shall require 7 such evidence to be given by the testimony of witnesses in open court, and, if 8 the court finds the defendant guilty of the contempt charged, the court shall 9 enter an order adjudging the defendant guilty of such contempt and imposing 10 upon him the punishment hereinafter provided, which order may be in sub- 11 stantially the following form: 12 In the Circuit Court of Cook County, Illinois. 13 Mary Doe t Contempt. No. 16. V. I March 3, 1910. 14 John Doe. J Before Hon. John Jones, Judge. 15 This day the court, the defendant being present and denying the truth of 16 the facts set forth in the affidavit herein, hears the evidence and finds the de- 17 fendant guilty of a civil contempt of court herein and thereupon in accordance 18 with such finding the court doth sentence the defendant to pay to the plaintiff 19 a fine of twenty-five dollars ($25) and the plaintiff's costs of the action, and 20 also to be imprisoned in the county jail of Cook county for the period of ten days 21 from and after his delivery to the keeper thereof and doth order that the de- 22 fendant further stand committed to the county jail of Cook county until the 23 said fine and costs are paid and also until he further pays to the plaintiff the 24 sum of one hundred dollars, ($100) which the defendant was required to pay to 25 the plaintiff on the 20th day of February, 1908, by the decree of this court en- 26 tered in the action of Mary Doe v. John Doe, In Equity, No. 87, on the 10th 27 day of February, 1908, or until the defendant is discharged according to law. 612 Sec. 967. Peocedurb when defendant not guilty— foem of ordeb.] If the 2 defendant appears at the time specified in the notice and the court is of the 3 opinion that the facts set forth in the affidavit do not constitute a contempt 4 of court, or if the defendant denies the facts set forth in such affidavit by count- 5 er-aflfidavit and, upon the trial, the court finds the defendant not guilty of the 6 contempt charged, the court shall enter an order adjudging the defendant not 7 guilty of such contempt and rendering judgment against the plaintiff for costs, 8 and, if the court finds the prosecution of the charge of contempt was vexatious, 9 the court may also render judgment against the plaintiff for such damages, not 10 exceeding fifty dollars ($50), as the court may deem proper. Such order may 11 be in substantially the following form: 12 In the Ciectjit Court of Cook County, Illinois. 13 John Doe ] Contempt. No. 75, V. [ February 10, 1908. 14 Richard Eoe. J Before Hon. John Jones, Judge. 15 This day, the defendant denying the truth of the facts set forth in the affi- 16 davit herein, the court hears the evidence and finds the defendant not guilty of 17 a civil contempt of court and the court further finds that the prosecution of 18 the charge of contempt herein was vexatious and thereupon upon consideration 19 thereof the court doth order that the plaintiff pay to the defendant as damages 20 the sum of twenty-five dollars ($25) together with the defendant's costs of the 21 action. Sec. 968. In whose name criminal contempt prosecuted.] A criminal con- 2 terpipt shall be prosecuted by an action commenced in the name of the People 3 of the State of Illinois and against the defendant. Sec. 969. Procedure when contempt is in presence op court— form of 2 JUDGMENT.] When the criminal contempt consists of misbehavior of any per- 3 son in the actual presence of the court, the same may be punished summarily 613 4 without the filing of any affidavit or other paper or the hearing of witnesses. It 5 shall be unnecessary in any such case for the judgment to recite the facts con- 6 stituting the contempt but the court shall, immediately upon the entry 7 of the order, when requested so to do by the defendant, sign and place 8 on file, as a part of the record of the action, a report of the proceedings in 9 which shall be correctly set forth the evidentiary facts establishing such con- 10 tempt. A judgment for contempt in such case may be in substantially the fol- 11 lowing form: 12 In the CmcuiT Court of Cook County, Illinois. 13 The People of the State of Illinois ~i Criminal. No. 75. V. I February 10, 1908. 14 Eichard Roe.' J Before Hon. John Jones, Judge. 15 This day the court, the defendant being present, finds the defendant guilty 16 of a criminal contempt of court by misbehavior in the presence of the court, and 17 in accordance with such finding, doth sentence the defendant to pay a fitne of 18 twenty-five dollars ($25) and the costs of the action and doth order that the de- 19 fendant stand committed to the county jail of Cook county until the fine and 20 costs are paid or until the defendant is otherwise discharged according to law. Sec. 970. Procedure when contempt is not in presence of court.] When 2 a criminal contempt is committed other than by misbehavior of the defendant 3 in the presence of the court the action shall be instituted by the filing and enter- 4 ing, by the state 's attorney, or by some other person, in the name of the People 5 of the State of Illinois, as plaintiff, in the proper court, of a motion by the 6 plaintiff for a rule upon the defendant to show cause why the defendant should 7 not be punished for a contempt of court, accompanied by a complaint ver- 8 ified by an affidavit of some credible person setting forth the facts relied upon 9 by the plaintiff in support of the motion with proof of the service upon the de- 10 fendant of notice of the motion and a copy of the complaint, or the court may, 11 in the first instance, in its discretion, issue a writ of attachment to bring the 614 12 defendant before the court. Upon the appearance of the defendant the same 13 proceedings shall be had substantially as hereinbefore provided for in a case of 14 civil contempt. Sec. 971. Forms.] The following forms of motion and complaint and 2 judgment in a case of criminal contempt shall be deemed sufficient and shall be 3 taken as furnishing suggestions from which other similar papers, orders and 4 judgments may be properly framed : 5 1. Motion and complaint for rule on defendant to show cause why he 6 should not be punished for a criminal contempt. 7 In the Circuit Court of Cook County, Illinois. 8 The People of the 9 State of Illinois V. 10 Eichard Eoe. ■Criminal. No. 100. 11 Motion foe Eule to Show Cause. 12 The plaintiff moves the court for a rule upon the defendant to show cause 1 3 why he should not be punished for a criminal contempt of court. 14 William Smith, 15 State's Attorney of Cook 16 County, Illinois. 17 Complaint. 18 William Smith, state's attorney of Cook county, in the name and by the 19 authority of the People of the State of Illinois, complains that Eichard Eoe, 20 the defendant above named, did on the 8th day of February, 1908, in said Cook 21 county, unlawfully assault and beat James Brown, the sheriff of said county, 22 while he, the said sheriff, was in the act of delivering to said William Smith a 23 summons issued out of said circuit court in the case of John Doe v. Eichard 24 Eoe, Tort, No. 87, against the peace and dignity of the People of the State of 25 Illinois. 2'5 William Smith. 615 27 James Brown on his oatn says he is the sheriff of Cook county and that the 28 matters and things set forth in the forgoing complaint are true. 29 James Brown. 30 Subscribed and sworn to before me this 10th day of February, 1908. 31 John Smith, Clerk. 32 2. Judgment against defendant in action for criminal contempt not 33 committed in presence of court. 34 In the Circuit Court of Cook County, Illinois. 35 The People of the State of Illinois ^ Criminal. No. 100. - February 12, 1908. Before Hon. John Jones, Judge. 36 Eichard Eoe. 37 This day, the defendant being present, the court hears the evidence and finds 38 the defendant guilty of a criminal contempt of court herein and thereupon, in ac- 39 cordance with such finding, the court doth sentence the defendant to pay a fine 40 of fifty dollars ($50) and the costs of the action and also to be imprisoned in 41 the county jail of Cook county for the period of sixty days from and after his 42 delivery to the keeper thereof, and doth order that the defendant further stand 43 committed to the county jail of Cook county until the said fine and costs are 44 paid or until the defendant is discharged according to law. DIVISION XLIX. JUDGMENTS, DECREES AND EXECUTIONS. Section 972. Meaning of judgment. 973. Lien of judgments — registered land. 974. When execution not issued within a year, etc. 975. Time of restraint deducted. 976. When and how judgment, etc., may be vacated. Section 977. Definition of real estate. 978. Execution. 979. When execution may issue against body. 980. Judgments in attachment and execu- tion thereon. 616 Section 981. Property attached may be levied on when. 982. Pro rating of judgments in cases of attachment. 983. What court to make distribution. 984. No execution after seven years — ven- ditio exponas. 985. Interest. 986. When executions, etc., returnable. 987. When execution to bind goods and chattels. 988. What property subject to execution. 989. Plaintiff may elect property, etc. 990. Procedure when property susceptible of division. 991. Pro rata distribution when liens con- current. 992. Public sale of real estate — notice. 993. Penalty for illegal sale by officer. 994. Officer to issue certificate of purchase when. 995. Duplicate of certificate to be filed. 996. Redemption by defendant, etc. 997. Certificate of redemption. 998. Redemption by creditors. 999. Procedure at sale after redemption when no bid in excess of redemption money. 1000. Procedure at sale when bid exceeds re- demption money. looi. Successive redemptions — how made. 1002. Order of preference in redemptions. 1003. Redemption in distinct parcels. 1004. Redemption of interest of joint owner. 1005. Redemption on probated claim. 1006. Payment of taxes, etc., by holder of certificate, etc. 1007. No commission on redemption money. 1008. Certificate of purchase assignable. 1009. Deed to holder of certificate — limita- tion. loio. Form of deed, loii. Effect of deed. Section 1012. Prima facie evidence of what. 1013. Certificate of levy on execution from another county. 1 01 4. Form of certificate. 1015. Certificate to be recorded. 1016. Collection of judgment not to be de- layed by death. 1 01 7. Administrator or executor may bid at execution sale. 1018. Procedure upon death of judgment debtor. 10 1 9. Goods and chattels subject to execu- tion — :levy on live stock. 1020. Current gold and silver coin or legal tender — bank bills. 1 02 1. Indemnity to officer. 1022. Delivery bond. 1023. Notice of sale of goods and chattels — . fraud of officer. 1024. Precedure when goods are attached, etc., in another action. 1025. Levy upon and sale of shares of stock. 1026. Officer of company to give certificate — procedure. 1027. Citations to judgment debtor and third persons — fixing rights of third per- sons. 1028. Procedure to obtain stock for pur- chaser at sale. 1029. Dividends after levy of attachment. 1030. Set-off of executions. 103 1. Method of setting off executions. 1032. When set-off of executions not al- lowed. 1033. Court may settle summarily questions of set off. 1034. Uujust refusal to surrender estate — execution against body. 1035. ' Officer to make demand. 1036. Escape of debtor. 1037. Imprisonment of debtor — Hmitation. T038. Discharge of defendant from imprison- ment — procedure. 1039. Payment of judgment, etc.,' may be made to clerk. 617 Sec. 972. Meaning of judgment.] The term judgment, as used in this 2 act, shall be held to mean any order or judgment at law, or order or decree in 3 equity, unless the contrary appears from the context. Sec. 973. Lien of judgments — ebgisteeed land.] A judgment for money 2 of a county court, or circuit court, or of the criminal court of Cook county, or 3 of the superior court of Cook county, when the amount due thereon exclusive of- 4 interest and costs exceeds twenty-five dollars ($25), shall be a lien on the real 5 estate of the person against whom it is obtained situated within the county 6 for which the court is held from the time the same is rendered or revived for the 7 period of seven years and no longer ; and a judgment for money of a city court, 8 when the amount due thereon exclusive of interest and costs .exceeds twenty-five 9 dollars ($25), shall be a lien on the real estate of the person against whom it is 10 obtained situated within the city in which the court is organized from the time 11 the same is rendered or revived for the like period and no longer : Provided, 12 however, that there shall be no priority of the lien of one judgment over that 13 of another rendered in the same county within the same calendar month; and, 14 upon the filing in the office of the clerk of the circuit court of any county in this 15 state of a transcript of a judgment rendered by a court of record in any other 16 county of this state, such judgment shall have the like force and effect and shall be 17 a lien upon the real estate of the party against whom the same is obtained in said 18 county where filed to the same extent, as if the same had been rendered, upon 19 the day on which such transcript is filed, by a county court or circuit court in 20 the county where filed and execution may issue thereon out of the circuit court of 21 said county in like manner as in the county where originally obtained : Provid- 22 ed, however, that such judgment shall not be a lien on real estate for more than 23 the period of seven years from the time the same is rendered or revived. Upon 24 the filing in the office of the clerk of the circuit court of any county of a 25 transcript of a judgment rendered in any city court of such county, such judg- 618 26 ment shall have the like force and effect, and shall be a lien upon the real estate 27 of the party against whom the same is obtained situated within such county 28 to a like extent, as if the same had been rendered in the county court or the 29 circuit court of such county on the day on which such transcript is so filed: 30 Provided, however, that the same shall not be a lien on real estate for a longer 31 period than seven years from the time the same is rendered or revived. But 32 no lien provided for in this or any other section of this act shall take effect as 33 to r.egistered land until compliance by the person claiming the benefit of such 34 lien, or by some person of or under whom he has acquired the claim constituting 35 the lien, with the provisions of the laws which may be in force, from time to time, 36 relating to the registration of land titles, nor shall registered land be affected 37 by any other provisions of this act, excepting upon compliance with the said last 38 mentioned laws. Sec. 974. When executiok not issued within a year, etc.] When execu- 2 tion is not issued on a judgment within one year after the time the same be- 3 comes a lien, it shall thereafter cease to be a lien, but execution may issue' upon 4 such judgment at any time within said seven years and shall become a lien 5 upon such real estate from the time it shall be delivered to the sheriff or other 6 proper officer to be executed. Sec. 975. Time of eestraint deducted.] When the party in whose favor 2 a judgment is rendered is restrained by injunction, or by appeal, or by the order 3 of a court, or is delayed on account of the death of the defendant, either from 4 issuing execution or selling thereon, the time he is so restrained or delayed shall 5 not be considered as any part of the time during which such judgment is made a 6 lien by this act or of the time within which execution may issue on such judg- 7 ment as hereinbefore provided. 619 Sec. 976. When and how judgment, etc., may be vacated.] Every order, 2 judgment or decree of a court of record final in its nature shall be subject to 3 be vacated, set aside or modified by the court by which the same has been ren- 4 dered or entered, upon the motion of either party, provided the motion to 5 vacate, set aside or modify the same be entered in the court in which such order^ 6 judgment or decree has been rendered or entered within sixty days after the 7 rendition or entry of such order, judgment or decree. If no motion to vacate, 8 set aside or modify any such order, judgment or decree shall be entered within 9 sixty days after the rendition or entry of such order, judgment or decree, the 10 same shall not be vacated, set aside or modified excepting upon appeal, or writ 11 of error, or by a bill in equity, or by a petition to the court having entered such 12 order, judgment or decree setting forth grounds for vacating, setting aside or 13 modifying the same which would be sufficient to cause the same to be vacated, 14 set aside or modified by a bill in equity: Provided, however, that all errors in 15 fact in the proceedings in which such order, judgment or decree has been en- 16 tered or rendered, which might have been corrected at common law by the writ 17 of .error coram nobis may be corrected by motion or the order, judgment oi* 18 decree may be set aside in the manner heretofore provided by law for similar 19 cases. Sec. 977. Definition OF REAL ESTATE.] The term "real estate" when used 2 in this act shall include lands, tenements, hereditaments and all legal and equit- 3 able rights and interests therein and thereto, including estates for the life of 4 the debtor or of another person and estates for years and leasehold estates when 5 the unexpired term exceeds five years. \ Sec. 978. Execution.] The person in whose favor any judgment may be 2 obtained may have execution thereon in the usual form directed to the proper 3 officer of any county in this state against the lands and tenements, goods and 620 4 chattels of the person against whom the same is obtained or against his body 5 when the same is authorized by law. Sec. 979. When execution may issue against body.] No execution shall 2 issue against the body of the defendant except when the judgment shall have 3 been obtained for a tort committed by such defendant or unless the defendant 4 shall have been held to bail upon a writ of capias ad respondendum, as provided 5 by law, or he shall refuse to deliver up his estate for the benefit of his creditors. 6 A tort within the meaning of this section shall be a libel, a slander, a malicious 7 prosecution, a false imprisonment, an assault and battery, the commission of a 8 fraud, seduction, a criminal conversation or any other injury wilfully inflicted. Sec. 980. Judgments in attachment and executions thereon.] When the « 2 defendant in any action of attachment has been served with the writ of attach- 3 ment or appears to the action, the judgment shall have the same force and ef- 4 feet as in actions commenced by summons, and execution may issue thereon not 5 only against the property attached but against the other property of the defend- 6 ant, but when the defendant has not been served with the writ of attachment 7 and has not appeared and answered the action the judgment shall bind only the 8 property, credits and effects attached and a special execution shall issue -9 against such property, credits and effects attached and no execution shall be is- 10 sued against any other property of the defendant, nor shall such judgment be 11 any evidence of debt against the defendant in any subsequent action. Sec. 981. Property attached may be levied on when.] In case of attach- 2 ment the property attached may be levied upon by execution issued in the at- 3 tachment action, or in the action in aid of which an attachment writ has been 4 issued, whether in the hands of the ofl&cer or secured by bond as provided in this 5 act, and shall be sold as other property levied upon by execution. fi21 Sec. 982. Pbo-rating of judgments in cases of attachment.] All judg- 2 ments in actions of attachment ag,ainst the same defendant commenced in the 3 same calendar month in which is the day fixed for the appearance of the defend- 4 ant in the praecipe in the first attachment action commenced, and all judgments 5 in actions by summons, capias or attachment against such defendant recovered 6 in such calendar month, or in the calendar month when the judgment in the first 7 attachment action upon which judgment shall be recovered is rendered, whether 8 such judgments be rendered in the same or in different courts in the same coun- 9 ty, shall share pro rata according to the amount of the several judgments in the 10 proceeds of the property attached either in the hands of a garnishee or other- 11 wise : Provided, that when the property is attached while the defendant is re- 12 moving the same, or after the same has been removed from the county, and the 13 same is overtaken and returned, or while the same is secreted by the defendant, 14 or put out of his hands, for the purpose of defrauding his creditors, or the 15 property attached has been discovered by the diligence of the first attaching 16 creditor, the court may allow the creditor or creditors through whose diligence 17 the same shall have been secured a priority over other attachments of judgment 18 creditors. See. 983. What couet to make distribution.] The distribution of the 2 proceeds of the property levied upon as provided for in the preceding section 3 shall be made by the court out of which has issued the writ of attachment under 4 which the property was first seized and shall be made upon the application of 5 the sheriff after notice given by him to the plaintiffs in all actions who may ap- 6 pear from the records of the courts of his county to be entitled to participate in 7 the distribution of the fund. Sec. 984. No execution after seven years— venditio exponas.] No execu- 2 tion shall issue upon any judgment after the expiration of seven years from the 3 time the same becomes a lien, except upon the revival of the same by scire 4 facias; but real estate levied upon within said seven years may be sold upon 5 a venditio rei exponas at any time within one year after the expiration of said 6 seven years. Sec. 985. Interest.] The officer to whom any execution issued upon a 2 judgment shall be delivered shall collect interest thereon, from the date of the 3 recovery of the judgment until the same be paid, at the rate of five (5) per cent 4 per annum : Provided, however, that no interest shall be collected upon the costs 5 awarded by such judgment. Sec. 986. When executions, etc., returnable.] Executions and writs of 2 venditio rei exponas shall be returnable ninety (90) days after the date there- 3 of: Provided, however, that the officer to whom the same is delivered shall, 4 upon the order of the plaintiff, return the same prior to the expiration of said 5 ninety days, whenever payment of such execution has been demanded by such 6 officer from the defendant and such defendant has neglected or refused to make 7 such payment or to deliver over or to turn out to such officer property out of 8 which the same may be satisfied, in whole or in part, or when such officer shall 9 have endeavored to make such demand but shall have been unable to do so be- 10 cause of his inability to find the defendant or of the refusal of the defendant to 11 permit such demand to be made; and such return shall not prejudice the right 12 of the plaintiff to exhibit a creditor's bill or prosecute supplementary proceed- 13 ings as hereinafter provided. Such officer shall also, upon demand of the plain- 14 tiff, return such execution prior to the expiration of said ninety days without 15 such demand or endeavor to make demand, but in such case such return shall 16 be a defense to the exhibition by the plaintiff of a creditor's bill, or the prose- 17 culion of the supplementary proceedings hereinafter allowed after the return 18 of execution in whole or in part unsatisfied, if the defendant in such creditor's 19 bill or supplementary proceedings shall allege in his answer or other paper 623 20 and, upon the hearing shall prove, that the retention of such execution by said 21 sheriff would have enabled the sheriff to make collection of such judgment. Sec. 987. When execution to bind goods and chattels.] No execution 2 shall bind the goods and chattels of the person against whom it is issued until 3 it is delivered to the sheriff or other proper officer to be executed ; and for the 4 better manifestation of the time the sheriff or other officer shall, on receipt of 5 such writ, indorse thereon the day of the month and the year and hour when he 6 received the same. Sec. 988. What property subject to execution.] All and singular the 2 lands, tenements, real estate, goods and chattels (except such as are by law de- 4 clared to be exempt) of every person against whom any judgment has been or 4 shall be hereafter obtained in any court of record for any debt, damages, costs 5 or other sum of money shall be liable to be sold upon execution to be issued 6 upon such judgment. Sec. 989. Plaintiff may elect property, etc.] The person in whose favor 2 execution is issued may elect on what property not exempt from execution he 3 will have the same levied, provided personal property shall be last taken. Sec. 990. Procedure when property susceptible op division.] When any 2 real or personal property is taken in execution, if the same is susceptible of 3 division, it shall be sold in separate tracts, lots or articles and only so much 4 shall be sold as is necessary to satisfy the execution. Sec. 991. Pro rata distribution when liens concurrent.] Wb.en the lien 2 of several judgments is concurrent and execution issued upon any one of such 3 judgments is levied upon property subject to such lien, the property so levied 4 upon shall be sold for the benefit of all executions issued upon such judgments 5 and delivered to the same officer or any of his deputies before the sale ; and the 624 6 proceeds of such sale shall be divided upon the several executions pro rata, 7 according to their several amounts. Sec. 992. Public sale of real estate— notice..] No real estate shall be 2 sold by virtue of any execution aforesaid, nor by virtue of any decree in an action 3 in equity, except at public vendue, between the hours of nine in the morning 4 and five in the afternoon of the same day, nor unless the time (specifying the 5 particular hour of said day at which said sale shall commence) and the place 6 of holding such sale shall have been previously advertised three" successive 7 weeks, once in each week, in a public newspaper printed and published in the 8 county where said sale shall be made (if there be any newspaper printed and 9 published in said county), and by putting up written or printed notices thereof 10 in at least three of the most public places in the county where the real estate is 11 situated, specifying the name of the plaintiff and defendant in the execution 12 —in all of which said notices the real estate to be sold shall be described with 13 reasonable certainty, and if there shall be more than one newspaper published 14 in such county, the judgment creditor or his attorney may designate the news- 15 paper in which such notice shall be published : Provided, that no greater charge 16 shall be made for publishing said notices than two dollars ($2) for each one hun- 17 dred words contained therein. Sec. 993. Penalty foe illegal sale by officer.] If any sheriff or other 2' officer shall sell any real estate by virtue of any such execution, otherwise than 3 in the manner aforesaid, or without such previous notice, the officer so offend- 4 ing shall, for every offense, forfeit and pay the sum of fifty dollars ($50), to be 5 recovered with the costs of the action, by the person whose property is sold: 6 Provided, however, that no such offense, nor shall any irregularity on the part 7 of the sheriff, or other officer having the execution, be deemed to affect the vai- 8 idity of any sale made under it, unless it shall be made to appear that the pur- 9 chaser had notice thereof. 625 Sec. 994. Officer to issue certificate of purchase when.] When any 2 real estate is sold by virtue of an execution, judgment or decree of foreclosure 3 of mortgage, or enforcement of mechanic's lien, or vendor's lien, or for tlie pay- 4 ment of money, it shall be the duty of the sheriff, master in chancery, or other 5 officer, instead of executing a deed for the premises sold, to give to the purchas- 6 er a certificate describing the premises purchased by him, showing the amount 7 paid therefor, or if purchased by the person in whose favor the execution or de- 8 cree is, the amount of his bid, the time when the purchaser will be entitled to a 9 deed, unless the premises shall be redeemed, as provided in this act, ' Sec 995. Duplicate of certificate to be filed.] The sheriff, master in 2 chancery, or. other officer making the sale, shall, within ten days from such sale, 3 file in the office of the recorder of the county in which the property is situated, 4 a duplicate of such certificate, which shall be recorded by such recorder, and 5 such certificate or duplicate, or record, and certified copy of the record thereof, 6 shall be evidence of the facts therein stated. See. 996. Eedemption by dependant, etc.] Any defendant, his heirs, ad- 2 ministrators, assigns, or any person interested in the premises, through or under 3 the defendant, may, within twelve months from said sale, redeem the real estatt- 4 so sold by paying to the purchaser thereof, his executors, administrators or as- 5 -isigais, or to the sheriff or master in chancery, or other officer who sold the same, 6 ior Ms successor in office, for the benefit of such purchaser, his executors, admin- 7 istrators or assigns, the sum of money for which the premises were sold or bid 8 off, with interest thereon , . Sheriff of Cook county, Illinois. 632 Sec. 1015. Certificate to be recorded.] Such certificate shall be recorded 2 by the recorder in a book to be kept for that purpose. The fees for recording 3 such certificate shall be collected as other costs. Sec. 1016. Collection of judgment not to be delayed by death.] The col- 2 lection of a judgment or decree of a court of record shall not be delayed or hin- 3 dered, or the lien created by law abate, by reason of the death of any person in 4 whose favor such judgment or decree shall be ; but the executor or administrator, 5 or, if the decedent was an executor or administrator, the administrator de bonis 6 non, or with the will annexed, may cause his certificate of administration to be 7 recorded in such court, after which execution may issue and proceedings be had 8 in the name of the executor or administrator as such, in the same manner as if 9 the judgment or decree had been recovered in his name. Sec. 1017. Administrator or executor may bid at execution sale.] When 2 it is necessary, in order to secure the collection of a judgment or decree belonging 3 to any estate, it shall be ihe duty of the executor or administrator to bid for 4 and become the purchaser of real estate at the sale thereof by the sheriff, master 5 in chancery, or other officer. The premises so purchased shall be assets in his 6 hands, and may be again sold by him, with the approval of the county court or 7 probate court, and the moneys arising from such sale shall be accounted for and 8 paid as other moneys in his hands. Sec. 1018. Procedure upon death of judgment debtor.] When a person 2 shall die after the rendition of a judgment or decree for the payment of money 3 against him is obtained in a court of record, execution may issue against the real 4 estate of such deceased person or sale may be made under such decree without 5 reviving the judgment or decree against his heirs or legal representatives : Pro- 6 viSed, that no execution shall issue or sale be made until after the expiration of 7 twelve months from the death of such deceased person, nor shall any sale be had 633 8 on any such execution or decree until the person in whose favor the judgraent or 9 decree is sought to be enforced shall give to the executor or administrator, or if 10 there be neither, the; heirs of the deceased, at least three months' notice of the ex- 11 istence of such judgment or decree, before issuing execution or proceeding to 12 sell, which notice shall be in writing when the parties required to be notified re- 13 side or may be found within the state, and their places of residence are known, 14 otherwise publication notice shall be given in the manner directed by this act 15 for the publication of notices in actions in equity. Sec. 1019.' Goods and chattels subject to exectjtio'N'^lbvy on live stock.] 2. All goods aibd chattels, real and personal, aaiay be taken and sold under execution, 3 ' except as otherwise provided by law : PrOMded, that when any officer shall 4 levy an execution on live stock or other personal property and the same shall not 5 be immediately" replevied or restored to the debtor, such officer shall provide suf- 6 ficient sustenance for the support of such live stock and shall provide for the 7 ' proper care and storage of such personal property until th© same shall be replev- S ied; sold or discharged from such execution; said officer shall receive a reason- 9 able compensation therefor, to be ascertained and determined by the court out of 10 which thei writ issued, to be advanced to him, from time to time, by the plaintiff 11 in the execution and the amount of such compensation shaM be collected as a 12 part of the costs in the action. Sec. 1020. Oureejstt gold and silver coin ok legal tender — bank bills.] 2 Current gold and silver coin or other legal tender may be taken on execution and 3' may be paid over to the creditor as money collected. Bank bills and all other 4 bills or evidences of debt issued by a moneyed corporation and circulated as 5 money may be taken on execution and paid to the creditor at their par value as 6 money collected, if he will receive them ; otherwise they shall be sold like other 7 chattels. : .,, "■'' 634 Sec. 1021. Ikdemnity TO OFFICER.] If there is reasonable doubt as to the 2 ownership of the goods or as to their liability to be taken on execution the officer 3 may require sufficient security to indemnify him for taking them. Sec. 1022. Delivery bond.] When any personal property is levied upon or 2 about to be levied upon, if the defendant will give bond with sufficient security 3 to be approved by the officer payable to the creditor in double the amount of 4 the execution, conditioned to deliver the property levied upon uninjured at the 5 time and place where the same is to be sold which shall be named in the condi- 6 tion, the sheriff may allow the property to remain with the defendant. If the 7 property is not delivered according to the condition of the bond the officer hav- 8 ing such execution may proceed to execute the same in the same manner ^s if no 9 levy had been made. If the officer does not obtain satisfaction of the execution, 10 he shall return the bond with such execution, and the creditor shall be allowed to 11 recover thereon the amount of his judgment with interest and costs, or, if the 12 value of the property so levied upon shall be shown by the defendant to be less 13 than such judgment and costs, the value thereof with ten per cent, damages for 14 delay. No second delivery bond shall be taken in behalf of a defendant so fail- 15 ing to comply with the first, nor shall a delivery bond be taken of his surety with- 16 out the consent of the creditor. Sec. 1023. Notice of sale of Goons and chattels— fraud of officer.] Before 2 any goods and chattels shall be sold by virtue of any execution at least ten days' 3 previous notice of such sale shall be given by posting up notices thereof in three 4 of the most public places in the county -where such sale is to be, specifying the 5 time when and the place where the same are to be sold. The officer may post- 6 pone such sale, from tinae to time, not exceeding ten days at any one time, when- 7 ever, for the want of bidders or other good cause, he shall think it for the in- 8 terest of the parties concerned. Notice of such postponement may be given at 635 I 9 the time and place fixed for the sale or by posting notices as hereinbefore pro- 10 vided, but if the postponement exceed one day he shall post notices thereof. The 11 officer making such sale shall, in his return cf the execution, particularly de- 12 scribe the goods sold and the sum for which each article is sold; and, if he is 13 guilty of fraud in the sale or return, he shall be liable in any proper action at 14 the suit of the party injured for five times the amount of actual damages sus- 15 tained by reason of such fraud. Sec. 1024. Procedxjbe when goods abb attached, etc., in anotheb action.] 2 If the goods or chattels sold under execution have been attached by another cred- 3 tior or seized under another execution, either by the same or any other officer, 4 or if, before the payment of the residue after the satisfaction of such execution 5 to the debtor, another writ of attachment or execution against him k delivered to 6 the officer who made the sale, the proceeds of the sale shall be applied to the dis- 7 charge of the several judgments in the order in which the respective writs of at- 8 tachment or executions become a lien or are entitled by law to share, the residue, 9 if any, to be returned to the debtor or his assignee. Sec ] 025. Levy upon and sale op shares op stock.] The shares of stock or 2 interest of a stockholder in any corporation may be taken on execution and sold 3 as hereinafter provided ; but, in all cases where such shares of stock or interest 4 has been sold or pledged in good faith for a valuable consideration and the cer- 5 tificate thereof has been delivered upon such sale or pledge, such shares of stock 6 or interest shall not be liable to be taken on execution against the vendor or 7 pledgor, excepting for the excess of the value thereof over and above the sum for 8 which the same may have been pledged and the certificate thereof delivered. If the 9 property has not been attached in the same action, the officer shall leave an at- 10 tested copy of the execution with the clerk, treasurer or cashier or other officer 11 of the company haviiig the custody of the books and papers of the corporation; 636 • 12 and the property shall be considered as seized on execution when the copy is so 13 left and shall be sold in like manner as goods and chattels. If the shares of stock 14 are already attached in the same action the officer shall proceed in seizing and 15 selling them on the execution in the same manner as in selling' goods and chat- 16 tels. No assignment, transfer or pledge of any such shares of stock made by the 17 judgment debtor after an attested copy of the execution shall have been left with 18 the clerk, treasurer, cashier or other officer of the company as aforesaid shall 19 be of any validity as against such execution. Sec. 1026. Officer of company to give certificate — procedure.] The of- 2 ficer of ^he company who keeps a record or account of the shares of stock or in- 3 terests of the stockholders therein shall, upon the exhibiting to him of the execu- 4 tion, be bound to give to the officer a certificate of the number of shares of stock 5 or amount of the interest held by the judgment debtor. If he refuse to do so, or 6 if he wilfully give a false certificate thereof, he shall be liable for double the 7 amount of all damages occasioned by such refteal or false certififcate, to be re- 8 covered in any proper action, unless the judgment is satisfied by the original de- 9 f endant. In caseof the refusal of the officer of the company who keeps the rec- 10 ord or account of the shares of stock or interests of the stockholders therein to 11 give the certificate above provided for, the plaintiff in the execution may, upon 12 application to the court out of which the execution has issued, obtain a citation 13 against such corporation requiring it, through its proper officer, to appear be- 14 fore the court, at a time and place specified in such citation, and be examined 15 under oath with respect to the number of shares of stock or amount of interest 16 held by the judgment debtor in such corporation, and the court shall have power 17 to compel such officer to testify under oath fully with respect thereto, and, if it 18 appears by the testimony of such officer, that the judgment debtor holds any num- 19 ber of shares of stock or any amount of interest in such corporation, such of- 637 20 ficer thereof may be required by the order of the court to make a proper certifi- 21 cate as to such holding by the judgment debtor and to deliver the same to the 22 officer. Sec. 1027. Citations to judgment debtob and third persons— fixing rights 2 OP third persons.] Whenever it appears by the certificate of the proper oflficer 3 of the corporation that the judgment debtor holds any number of shares of stock 4 or amount of interest in such corporation, the court, on the application of the 5 plaintiff in the execution, may order the issuance of a citation to the judgment 6 debtor requiring him to appear before the court at a time and place fixed there- 7 for in such citation and be examined under oath with respect to such holding of 8 shares of stock or amount of interest in such corporation, and, in case such judg- 9 ment debtor may have in hisi possession the certificates, or any of them, for his 10 shares of stock or interest in such corporation, the court may require him to de- ll " liver such certificates to the officer holding the execution and to assign such shares 12 to such officer . If it appears from the examination of the judgment debtor that 13 such certificates or any of them are not in the possession of the judgment debtor 14 ' the court may require the judgment debtor to testify respecting the disposition 15 made by him of such certificate or certificates and the court shall have power, upon 16 the application of the judgment creditor, to issue a citation to any person, or to 17 any officer of a corporation, appearing to have received such certificate or certifi- 18 cates from the judgment debtor, requiring such person or officer of a corporation 19 to appear before the court at a time and place fixed in such citation and then and 20 there testify respecting the interest of such person or corporation in such certifi- 21 rcate or certificates, and may fix and determine the right or interest of such per- 22 son or corporation in and to such certificate or certificates and, if necessary for 23 such purpose, may cause proper issues to be made up, as near as may be, as in 24 an action in equity, and may enter such order, judgment or decree respecting 25 such certificate or certificates of stock as the law and the evidence may require. 638 See. 1028. Procedure to obtain stock for purchaser at sale.] When any 2 such shares of stock br interest of the judgment debtor in a corporation have 3 been sold under an execution an attested copy of the execution and of the return 4 thereon shall, within fifteen days after the sale, be left with the officer of the 5 company whose duty it is to record transfers or shares. If the certificates for such 6 shares have been received by the officer from the defendant as above provided, 7 the purchaser at the execution sale shall thereupon be entitled to a certificate or 8 certificates of the shares bought by him upon his paying the fees therefor and 9 for recording the transfer and the delivery to the proper officer of the corpora- 10 tion of the certificate or certificates received from the judgment debtor as afore- 11 said. If such certificate or certificates shall not have been received by the officer 12 from the judgment debtor, but shall be in the possession of a third person or cor- 13 poration the purchaser shall be entitled to receive from the officer of the cor- 14 poration a certificate showing his right to such share or shares of stock subject 15 to the rights of such third person or corporation as they may be fixed and be de- 16 termined by the court, and if it appear that such third person or corporation 17 holds such shares of stock as security for an indebtedness of the judgment debtor 18 to such third person or corporation, or as security for any other liability, the r- . 19 purchaser at such execution sale shall have the right, upon the payment to such 20 third person or corporation of the amount of such indebtedness, or the satisfac- 21 tion of such liability, to receive from such third person or corporation such cer- 22 tificate or certificates of stock. Sec. 1029. Dividends after levy op attachment.] If the shares of stock 2 or interest of the judgment debtor sold under execution have been attached in 3 the action in which the execution issued, the purchaser shall be entitled to all the 4 dividends which have accrued after the attachment. 639 Sec. 1030. Set off op exobptiohs.J Executions between the same parties 2 may be set off one against another if required by either party as prescribed in 3' the following section. Sec. 1031. Method of setting off executions.] When one of the executions 2 is delivered to an officer to be executed, the debtor therein may deliver his execu- 3 tion to the same officer whether the second execution is directed to the same or to 4 any other officer ; and the officer shall apply it, as far as it will extend, to the sat 5 isfaction of the first execution, and the balance due on the larger execution may 6 be collected and paid in the same manner as if there had been no such set off. Sec. 1032. When set off of executions not allowed.] Such set off shall 2 not be allowed in the following cases : 3 First— When the creditor in one of the executions is not in the same capacity 4 and trust as the debtor in the other. 5 Second — When the sum due on the first execution was lawfully and in 6 good faith assigned to another person before the creditor in the second execution 7 became entitled to the sum due thereon. 8 Third— When there are several creditors in one execution and the sum due 9 on the other is due from a part of them only. 10 Fourth— When there are several debtors in one execution and the sum due on 11 the other is due to a part of them only. 12 Fifth— It shall not be allowed as to so much of the first execution as is due 13 to the attorney in that action for his fees and disbursements therein. Sec. 1033. Court may settle summarily questions of set off.] The court 2 out of which the first execution has issued with respect to whicJi any set off is 3 claimed shall have power, upon the application of either party or of any person 4 interested in either judgment, to settle in a summary way the rights of all parties 5 and persons with respect to such set off. ej4u Sec. 1034. Unjust berusai, to sufiEENDER estate — execution against body.] 2 If, upon the return. of an execution unsatisfied, in whole or in part, the judgment 3 creditor, or his agent or attorney, shall make an affidavit stating that demand has 4 been made upon the debtor for the surrender of his estate, goods, chattels, lands 5 and tenements for the satisfaction of such execution and that he verily believes 6 such debtor has such estate, goods, chattels, lands and tenements not exempt from 7 execution or garnishment which he unjustly refuses to surrender, or that since 8 the debt was contracted or the cause of action accrued, the debtor has fraudulent- 9 ly conveyed, concealed or otherwise disposed of some part of his estate, with a 10 design to secure the same to his own use, or defraud his creditors; and also set- 11 ting, forth, upon his knowledge, information and belief, in either case, the facts 12 tending to show that such belief is well founded and shall procure the order of 13 the court from which execution issued, or of any judge or master in chancery of 14 the same county, certifying that probable cause is shown in such affidavit to au- 15 thorize the issuing of an execution against the body of the debtor, and ordering 16 that such writ be issued ; upon the filing of such affidavit and order with the 17 clerk, he shall issue an execution against the body of such judgment debtor. See. 1035. Officer to make demvnd.] For the purpose of enabling the judg- 2 ment creditor to make such affidavit the officer having the execution against the 3 property of the defendant may demand any estate of the defendant not exempt 4 from execution, whether the same is of such nature that it may be levied upon 5 and sold on execution or not. Sec. 1036. Escape of debtor.] If the debtor shall escape from arrest upon 2 an execution against his body he may be re-arrested upon the same or another 3 warrant in the same case ; and, for the purpose of arrest or re-arrest, he may be 4 pursued into any county in this state into which he may flee. 641 Sec. 1037. Imprisonment of debtor --iLiMlTATiON.] When a debtor shall be 2 arrested'by virtue of an execution against his body, he shall be conveyed to the 3 county jail of the county of the officer .who*made'the arrest, and kept in safe cus- 4 'te^y^untirheshaUeatisfy the execution or be discharged according to law. Im- 25 mediately upon the arrest of the defendant the officer making the same shall 6 give notice thereof -to the plaintiff, his agent or attorney, if in' the county : Pro- 7 ' wBed/that no person heretofore or hereafter imprisoned under the provisions of 8 this act shall' be impris'oned for a longer jperiod than six monthsfrom the date of 9 arrest; and, pr'Ovided/f'Ktther, that no person shall be released from imprison- 10 •mentund'er this act who neglects or 'refuses to schedule in manner and form as 11 hereinafter provided. See. 1038. ~ Discharge oe defend \nt from imprisonment — procedure.] When 2 any person is imprisoned upon any capias ad respondendum, or upon any execu- 3 tion against his body in an action other than one for a libel, a slander, a malicious 4 prosecution, a false imprisonment, an assault and battery, the commission of a 5 fraud, a seduction, a criminal conversation or other injury wilfully inflicted, such 6 person may obtain his discharge from such imprisonment in the following 7 manner : 8 i^irsf— Application in writing for discharge.] He shall make an applica- 9 tion in writing for his discharge to the court out of which such capias ad respond- 10 endum or execution against his body shall have issued, which said application 11 shall be filed in the action in which said capias ad respondendum or execution 12 against the body shall have issued and shall specify the court in which the action 13 is pending^ the names of the parties thereto, the classification and number of the 14 action, and shall set forth the nature of the process under which such person is 15 imprisoned, the date on which his imprisonment commenced and the facts en- 16 titling such person to his discharge from such imprisonment. 642 17 6feco«oe ) S'upplementary Proceeding. No. 25. 62 V. [ February 24, 1908. 63 Richard Roe. * Biefore Hon. John Jones, Judge. 64 This day the count, having jurisdiction of the subject-matter of this pro- 65 oeeding and of the person of the defendant, Richard Roe, and also of the per- 66 son of William Roe by service of citation and the appearance of said defendant 67 and of said William Roe, hears the proofs in open court and thereupon, upon 68 consideration thereof, the court doth order that said William Roe forthwith pay 69 to the sheriff of Cook county, to be applied to the payment of the judgment set 70 forth in the petition herein, the sum of one hundred dollars ($100) due from said 71 William Roe to said Richard Roe. 72 5. Order directing delivery of property by dependant to the sheriff 73 AFTER hearing UPON MASTER 's REPORT. 74 In THE Circuit Court of Cook County, Illinois. 75 John Doe i Supplementary Proceeding. No. 25. 76 V. [ February 24, 1908. 77 Richard Roe. ) Before Hon. John Jones, Judge. 78 This day the court, having jurisdiction of the subject-matter of this pro- 79 ceeding and of the person of the defendant, Richard Roe, by service of citation 80 and the appearance of the defendant, doth hear the proofs set forth in the mas- 81 ter's report herein and thereupon, upon consideration thereof, the court doth or- 82 der that the defendant, Richard Roe, forth-with deliver to the sheriff of Cook 83 county, to be subjected to the payment of the judgment set forth in the petition 84 herein, the following property, to wit: one bay horse and one black and white 85 cow. Sec. 1069. Fraudulent transfers — receiver — bill in equity — forms of 2 orders.] Where, from such examination or testimony, it appears probable to 3 the court by which such judgment has been rendered that th© judgment debtor 673 4 has conveyed, transferred or otherwise disposed of any property, whether real 5 or personal, with the intent to disturb, delay, hinder or defrand creditors or 6 other persons, the court may, in its discretion, make an order appointing a re- 7 ceiver of the property of such judgment debtor, which receiver, when so ap- 8 pointed, shall have all the powers of a receiver of the fourth class and shall 9 have power to exhibit in any court having equity jurisdiction in this state in 10 which an action in equity can be properly commenced for that purpose, in his 11 own name, as receiver of such judgment debtor, a bill or bills of complaint in 12 equity against such judgment debtor and any person or persons, ■ corporation or 13 corporations, to, whom the judgment debtor may have conveyed, transferred or 14 otherwise made disposition of any property with the intent to disturb, delay, 15 hinder or defraud his creditors and to cause such property to be applied in sa1> 16 isfaction of such judgment and of all other judgments and claims of every kind 17 and character which may be exhibited in such action and as against which such 18 conveyance, transfer or other disposition may be shown to be fraudulent. The 19 following forms of orders for the appointment of receivers under this section 20 shall be deemed sufficient and shall be taken as furnishing suggestions from 21 which other orders for the appointment of receivers may be properly framed: 22 1. Okdbb appointing a eeceiver of the pbopeety op the defendant, when 23 official ebceivee is appointed. 24 In the Ciecuit Cotjet of Cook County, Ii/Linois. 25 John Doe '' Supplementary Proceeding. No. 25. 26 V. h February 24, 1908. 27 Richard Eoe. J Before Hon. John Jones, Judge. 28 This day the court, having jurisdiction of the subject-matter of this proceed- 29 ing and of the person of the defendant, Richard Roe, by service of citation and 30 the appearance of the defendant, hears the proofs in open court and thereupon, 31 upon consideration thereof, the court doth order that Henry Brown of Cook 32 county, Illinois, the official receiver of this court, be and he is hereby appointed 33 receiver of the property of said defendant, Richard Roe, with the powers of a 34 receiver of the fourth class. 674 35 2. Oedee appointing a keceivek op the property of the defendant, when 36 other than official receiver is appointed. 37 In the Circuit Court of Cook County, Illinois. 38 John Doe ) Supplementary Proceeding. No. 25. 39 V. [ February 24, 1908. 40 Richard Roe. ) Before Hon. John Jones, Judge. 41 This day the court, having jurisdiction of the subject-matter of this proceed- 42 ing and of the person of the defendant, Richard Roe, by service of citation and 43 the appearance of the defendant, hears the proofs lin open court and thereupoii, 44 upon consideration thereof, the court doth order that Henry Brown of Cook coun- 45 ty, Illinois, be and he is hereby appointed receiver of the property of said defend- 46 ant, Richard Roe, with the powers of a receiver of the fourth class and that the 47 bond of said Henry Brown as such receiver in the penal sum of two thousand 48 dollars ($2,000) with William Brown as surety be and the same is hereby ap- 49 proved. ', Sec. 1070. How bill in equity prosecuted — expenses — ^foem of bill.] Every 2 such bill of complaint in equity mentioned in the preceding clause shall be prose- 3 cuted under the direction and control and at the expense of the plaintiff in the 4 judgment for the enforcement of which the supplementary proceedings have 5 been instituted, and in case no property is recovered thereby all the costs in such 6 action shall be paid by such plaintiff. In case, by means of such bill of com- 7 plaint in equity, any property is recovered to be applied in satisfaction of the 8 judgment, or of such judgment and such other judgments as may be rendered 9 against the same judgment debtor, all the reasonable costs and expenses of the 10 action, including reasonable attorney's fees, to be audited by the court in which 11 the judgment has been rendered, shall be paid to the plaintiff out of the proceeds 12 of the property recovered. The following form of bill in equity under this sec- 13 tion shall be deemed sufficient and shall be taken as furnishing suggestions from 14 which other bills in equity hereunder may be properly framed: 675 15 In the Cibouit Ooubt of Cook County, Illinois. 16 Henry Brown as receiver of the 17 property of Eichard Roe 18 v. Mn Equity. No. 125. 19 Eichard Roe, Mary Roe, WiUiam 20 Roe and Thomas Jones. 21 Bill of Complaint. 22 The plaintiff, as receiver of the property of Eichard Roe, brings this his ac- 23 tion in equity against the defendants and says : 24 1. Plaintiff was, on February 10, 1908, duly appointe(f by this court as 25 receiver of 'the property of the defendant, Richard Roe, with the powers of a re- 26 ceiver of the fourth class. 27 2. Said appointment was made in a supplementary proceediiag in said court 28 to enforce a judgment rendered by said court on December 10, 1907, in favor 29 of one John Doe and against said Richard Roe for the sum of two thousand dol- 30 lars ($2,000) and the costs of the action. 31 3. The indebtedness upon which said judgment was founded accrued prior 32 to July 1, 1907. 33 4. No -part of the judgment has been paid or otherwise satisfied. 34 5. Other judgment creditors of said Richard Roe have intervened in said 35 supplementary proceeding as follows: 36 a — John Jo'ues, whose judgment is for one thousand dollars ($1,000) and 37 costs recovered December 17, 1907, in said circuit court, upon an indebtedness 38 which accrued prior to August 1, 1907. 39 h — George Thomas, whose judgment is for eight hundred dollars ($800) and 40 costs recovered December 20, 1907, in the superior court of Cook county, upon 41 indebtedness which accrued prior to August 1, 1907. 42 6. No part of either of said judgments of said John Jones or George 43 Thomas has been paid or otherwise satisfied. 44 7. The defendants Mary Roe, "William Roe and Thomas Jones, have each 45 received from the defendant Richard Roe since August 1, 1907, large amounts of t)7t) 46 real and personal estate belonging to said Richard Eoe without any valuable 47 consideration for the purpose of aiding said Richard Eoe in hindering, delaying 48 and defrauding his creditors. ' " "^ ' "' 49 8. On August 17, 1907, said defendant Richard Roe conveyed by warranty 50 deed to said Mary Roe, William Roe, and Thomas Jones, the Northwest Quar- 51 ter of the Northeast Quarter of Section Eighteen (18), Township Twenty-nine 52 (29) North, Range Three (3) East of Third P. M. in Cook county, Illinois, for 53 a pretfended consideration of ten thousand dollars ($10,000), whereas there was 54 no consideration in fact for such conveyance, but the same was made without 55 any valuable consideration for the purpose of aiding said Richard Roe in hinder- 56 ing, delaying and defrauding his said creditors. 57 Wherefore plaintiff prays as follows : 58 First — For a discovery from the defendants and each of them concerning 59 the matters above set forth. ' 60 Second — For a decree setting aside the aforesaid conveyance and subject- 61 ing the property to the payment of the above named judgments. 62 Third — For general relief. Heney Beown, 63 As receiver for the property of. Richard Roe. 64 By William Smith, 65 Eis Attorney. 6Q Note. 67 The clerk will issue four summonses to defendanfs for their appearance on 68 Monday, March 8, 1908. Sec 1071. Ordbb for waekant — roEMS.] Upon proof entitling the judgment 2 creditor to a citation before the return of an execution and also proof to the sat- 3 isfaotion of the court that there is danger that the judgment debtor will leave 4 the state or conceal himself and that there is reason to believe that he has prop- 5 erty which he unjustly refuses to apply to the payment of the judgment, the 6 court, instead of making an order for the issuance of a citation, may make an 677 7 order for the issuance of a warrant by the clerk, under the seal of the court, re- 8 quiring the sheriff or coroner of any county where the judgment debtor may be 9 found to arrest him and bring him before the court, if he be a resident of or 10 have a place of ;business in the county in which the judgment is rendered, or, 11 if he be not a resident of the county in which the judgment is rendered, and 12 have no place of business therein, to bring him befo're the county court of the 13 county in which he may reside or may be found, there to be esamiined in the 14 same manner as if a ditation had issued as hereinbefore provided. The foUow- 15 ing forms of petitions, orders and warrants under this section shall be deemed 16 sufficient and shall be taken as furnishing suggestions from which other peti- 17 tions, ordears and warrants may be properly framed: IS 1. Petition for waeeant foe aeeest of defendant. 19 In the Ciecuit Coxjet of Cook County, Illinois. 20 John Doe i 21 V. ISupplementary Proceeding. No. 34. 22 Eichard Roe. J 23 Petition foe Waeeant. 24 The plaintiff says: 25 1. That on February 10, 1908, he recovered a judgment against said de- 26 fendant in said circuit court in the case of John Doe v. Richard Roe, Contract, 27 No. 42, for the sum, of eight hundred dollars ($800) together with costs of the ac- 28 tion taxed at eight dollars ($8). 29 2. That on Eebruary 12, 1908, execution was duly issued on said judgment 30 and delivered to, the sheriff of Cook county, who, upon March 14, 1908, made de- 31 mand upon the defendant to satisfy the same, which was refused by the def end- 32 ant and said execution was. on May 1, 1908, duly returned by the sheriff wholly 33 unsatisfied. 34 3. That the amount due plaintiff on said judgment, exclusive of interest 35 and costs, is five hundred dollars ($500). 678 36 4. That plaintiff has reasonahle ground to believe that said Eichard Roe has 37 property in the County of Cook which he unjustly refuses to apply towards the 38 satisfaction of said judgment and as ground of such belief says that William 39 Sknith, secretary of the Chicago Insurance Company, has informed plaintiff that 40 said Chicago Insurance Company is indebted to said Edchard Roe in the sum of 41 two thousand dollars ($2,000), which indebtedness will become due and payable 42 to said Eichard Roe on May 31, 1908, and that said Chicago Insurance Company 43 will at that time be ready, willing and able to pay said sum to said Richard Roe 44 upon demand. : 45 5. That there is danger that said defendant, Eichard Roe, will leave the state 46 of Illinois ; that said Eichard Roe did, on or about May 20, 1908, state to the 47 plaintiff that he was about to remove from the state of Illinois to the state of Iowa. 48 Wherefore plaintiff prays for a warrant directed to the sheriff of Cook 49 county commanding him to arrest the said defendant and bring him instanter 50 before the court for examination. 51 John Doe, 52 By Thomas Jones, 53 Plaintiff's Attorney. 54 (Here add affidavit verifying petition as in first form.) 55 2. Oeder foe issuance of warrant for arrest of defendant resident in 56 county. 57 In the Circuit Court of Cook County, Illinois. 58 John Doe 1 Supplementary Proceeding. No. 25. 59 V. \ February 17, 1908. 60 Richard Roe. J Before Hon. John Jones, Judge. 61 This day, on motion of the plaintiff, it is ordered by the court that the clerk 62 issue a warrant herein directed to the sheriff of Cook county commanding said 63 sheriff to arrest the defendant, Richard Roe, and bring him before ,the court 64 instanter for examination. 679 65. 3. OeDEB foe ISSX7ANCE OP WAEEANT FOE ABREST OF DEFENDANT RESIDENT IN 66 ANOTHBE COUNTY. 67 In THE CiEcuiT Court of Cook County, Illinois. 68 John Doe 69 V. 70 Richard Roe. S'upplemenitary Proceeding. No. 25. February 17, 1908. Before Hon. John Jones, Judge. 71 This day, on motion of the plaintiff, it is ordered by the court that the clerk 72 issue a warrant herein directed to the sheriff of Will county commanding him 73 to arrest the defendant and bring him instanter before the county court of 74 Will county for examination. , 75 4. Warrant foe arrest op defendant in county. 76 In the Circuit Court op Cook County, Illinois. 77 John Doe I 78 V. rSlipplementary Proceeding. No. 25. 79 Richard Roe. J 80 Waebant. 81 The People of the State of Illinois — Greeting to the sheriff of Cook county : 82 We hereby command you that you take the body of Richard Roe, if he shall 83 be found in your county, and bring him instanter before said circuit court of 84 Cook county at the. county court-house in Chicago in said county, to be examined 85 under oath concerning his property in a certain supplementary proceeding 86 therein pending under a certain judgment rendered by said court against him 87 on the 10th day of February, 1908, for the sum of five hundred dollars ($500) 88- and costs of the action in favor of John Doe. 89 Witness John Smith, clerk of said circuit court, and the seal thereof at 90 Chicago, Illinois, this 25th day of May, 1908. John S^ith, Clerk. 91 5. Warkant fob aerest of dependant issued to sheriff op foeeign county. 92 In the Cieguit Court op Cook County, Illinois. 93 John Doe 1 ,. ■ .. „^ 94 V. ^Supplementary Proceeding. No. 25. 95 Richard Roe. J 96 " Waebant. 97 The People of the State of Illinois — Geebting to the sheriff of Will county : 98 We hereby command you that you "take the body of Richard Roe, if he shall 99 be found in your county, and bring him instanter before tbe county court of Will 100 county at the county court-house in Joliet in said county, to be examined under 101 oath concerning his property in a certain supplementary proceeding pending 102 in said circuit court of Cook county under a certain judgment rendered by said 103 circuit court of Oook county against him on the 10th day of 'February, 1908, for 104 the sum of five hundred dollars ($500) and costs of the action in favor of John 105 Doe. 106 Witness John Smith, clerk of said circuit court and the seal thereof at 107 Chicago, Illinois, this 25th day of May, 1908. John SImith, Cleric.. Sec. 1072. Bond — fobm.] Before any warrant shall issue as provided in 2 the preceding section the judgment creditor shall execute and file with the clerk 3 a bond in such sum, not less than five hundred dollars ($500), as may be fixed 4 by the court, with security to be approved by the court or by the clerk, condi- 5 tioned that he will pay all costs and damages which may be awarded against him 6 by the court in case such warrant be vacated or quashed and the defendant dis- 7 charged from arrest thereunder and it shall appear that the same was wrongfully 8 issued, such damages and costs to be ascertained and fixed in a summary manner 9 by the court in which such judgment has been entered or to which such warrant 10 shall be returnable, and the payment of such costs and damages to be compelled 11 by such court by attachment of the judgment creditor or by executioin against 12 his property, and the sureties on any such bond to be concluded ,by such assess- 13 ment of damages. The following form of bond under this section shall be 14 deemed sufficient and shall be taken as furnishing suggestions from which other 15 bonds may be properly framed: 16 In the Cibcuit Couet of Cook County, Illinois. 17 John Doe 1 18 V. rSupplementary Proceeding. No. 25. 19 Eichard Roe. J 20 Bond. 21 Know all men by these peesents, That we, John Doe, as principal, and '22 William Doe, as surety, are held and firmly bound unto the People of the State 681 23 of Illinois in the penal sum of five hundred dollars ($500) for the payment of 24 which well and truly to be made we bind ourselyes, our heirs, executors, admin- 25 istrators and assigns, jointly and severally, firmly by these presents. 26 Witness our hands and seals this 25ith day of May, 1908, 27 The condition of this obligation is such that whereas on May .25, 1908, the 28 above bounden John Doe obtained from the Circuit court of Cook county, Illi- 29 nods, an order for the issuance of a warrant directed to the sheriff of Cook 30 county, Illinois, commanding said sheriff to arrest Richard Roe and bring him 31 instanter before said court for examination concerning the property of him, the 32 said Richard Roe, in a certain supplementary proceeding pending in said court 33 under a certain judgment rendered by said court against said Richard Roe on 34 the 10th day of February, 1908, for the sum of eight hundred dollars ($800) 35 and costs of the action in favor of John Doe, which said warrant is ab®at to 36 issue. ' 37 Now, if the said John Doe will pay all oosts and damages which may be 38 awarded against him by said circuit court, in case said warrant be vacated or 39 quashed and the defendant discharged from arrest thereunder, and. it shall ap- 40 pear that the same was wrongfully issjied, then this obligation is to be void; 41 otherwise the same is to be and remain in full force and effect. 42 John Doe [!Seaii.i] 43 William Doe [seal.] 44 Approfved May 25, 1908. 45 John SmitB, Clerk. Sec. 1073. ExAMINATIOif to be UNDEE oath postponements ATTACHMENT 2 — ^FOBMS.] Upon every examination in a supplementary proceeding each answer 3 of the party to the citation or witness examined must be under the oath of such 4 party, pr, if such party be a corporation, under the oath of an officer thereof and 5 the court may, in its discretion, specify the officer. Either party may be exam- o»z 6 ined as a witness on his own behalf and may produce and examine other wit- 7 nesses as upon the trial of any action. The court or the master, special com- 8 missioner or referee, may postpone any hearing from time to time as the court, 9 master, special commissioner or referee may think proper and may cause the 10 issuance of subpoenas requiring the presence of any witness desired by either 11 party. The court shall have the power to compel the attendance of any party to 12 the citation or witness duly subpoenaed by attachment of the person of such 13 party or witness and the refusal of a party to such citation or a witness to attend 14 or answer proper questions upon the hearing shall be adjudged a contempt of 15 court and shall be punishable, in the discretion of the court, by fine, imprisonment 16 in the county jail, work-house or house of correction for a period not to exceed six 17 months. The following forms of writ of attachment for contempt and orders im- 18 posing punishments for contempt under this section shall be deemed sufficient 19 and shall be taken as furnishing suggestions from which other writs of attach- 20 ment amd orders may be properly framed: 21 1. aa?tachment foe contempt. i 22 In the Ciecxjit Court of Cook County, Illinois. 23 The People of the 24 State of Illinois V. 25 Richard Eoe. -Criminal. No. 29. J ' 26 Attachment fok Contempt. 27 The People of the State of Illinois — Gkeeting to the sheriff of Cook county: 28 We hereby command you that you take the body of Eichard Eoe, if he shall be 29 found in your county, and him safely keep so that you may have his body in- 30 stanter before the circuit court of Cook county, at the county court-house in 31 Chicago in said coimty, to answer unto the People of the State of Illinois for 32 and concerning a contempt of court alleged to have been committed by said 33 Richard Roe by not appearing before the court in obedience to a citation issued 683 34 and served upon him in the case of John Doe v. Richard Roe, Saipplementary 35 Proceeding, No. 25, pending in said court. 36 Witness John Smi'th, clerk of said circuit court and the seal thereof at 37 Chicago, Illinois, this 8th day of Fehruary, 1908. 38 John Smith, Clerk. 39 2. Obder of punishment fob contempt foe non-appeabance. 40 In the Cibcuit Cotjbt op Cook County, Ilunois. 41 The People of the ] 42 State of Illinois 43 V. 44 Richard Roe. Criminal. No. 29 February 17, 1908. Before Hon. John Jones, Judge. 45 This day the court, the defendant being present, finds the defendant guilty 46 of contempt of court in not appearing before the court in obedience to a citation 47 duly issued and served, upon him and doth sentence the defendemt upon such 48 finding to pay a fine of one hundred dollars ($100) and the costs of the action 49 and doth order that he stand committed to the county jail of Cook county until 50 the fine and costs are paid or he is discharged in accordance with law. 51 3. Oedeb of punishment fob Contempt committed in peesence of court 52 by refusing to answee pbopeb questions. 53 In the Cieguit Couet of Cook County, Illinois. 54 The People of the 55 State of Illinois Criminal. No. 29. 56 V. February 17, 1908. 57 Richard Roe. Before Hon. John Jones, Judge. 58 This day the court, the defendant being present in open court, finds the de- 59 fendant guilty of a contempt of court in refusing to answer proper questions 60 propounded by the court and thereupon upon consideration thereof the court pi doth sentence the defendant to pay a fine of one hundred dollars ($100) and 62 the costs of the action and doth order that he stand committed to the county jail 63 of Cook county until the fine and costs are paid. 684 Sec. 1074. Assignment to sheriff — action — expenses — forms.] When, 2 from the examination or testimony taken pursuant to the provisions of this sec- 3 tion, there is reason to believe that any other person or corporation than the 4 judgment debtor has personal property of the debtor not exempt from execution 5 or garnishment, or is indebted to such judgment debtor in a sum exceeding the 6 amount exempt by law from garnishment, but such other person or corporation 7 substantially disputes that such personal property belongs to the debtor or that 8 such other person or corporation is indebted to the judgment debtor, or when 9 it appears that such judgment debtor claims that such other person s of pbopebty deliveeed. 22 In the Ciecuit Couet of Cook County, Ilunois. 23 John Doe 1 Supplementary Proceeding. No. 30. 24 V. \ February 24, 1908. 25 Richard Eoe. J Before Hon. John Jones, Judge. 26 This day the court, having jurisdiction of the subject-matter of this proceed- 27 ing and of the person of the defendant, Richard Roe, by service of citation and 28 the appearance of the defendant, hears the proofs in open court and thereupon 29 upon consideration thCTeof doth order that the sheriff of Cook county pay to 30 George "Brown out of the money paid over by said George Brown to said sheriff 31 the sum of fifteen dollars ($15) as the reasonable expenses of said George Brown 32 herein. ._ I i ' 688 s 33 2. Qrdbb fok payment to third pebson of expenses when citation is vex- 34 atiously sued out. 35 In the Circuit Coubt of Cook County, Illinois. 36 John Doe 1 Supplementary Proceeding. No. 30. 37 _ V. y February 24, 1908. 38 Bicliard Roe. J Before Hon. John Jones, Judge. 39 This day the court, having jurisdiction of the subject-matter of this pro- 40 ceeding, hears the proofs in open court and thereupon upon consideration there- 41 of the court doth order that the plaintiff, John Doe, pay to George Brown the 42 sum of fifteen dollars ($15) as the reasonable expenses of said George Brown 43 incurred by him because of the citation herein being sued out without probable 44 cause and vesatioiusly. Sec. 1077. Costs out of money REcovEiBED — ^fobm op order.] In case any 2 property or money is recovered to be applied in satisfaction of the judgment by 3 virtue of any proceeding authorized by this act the court may tax as costs in 4 favor of the judgment creditor a fixed sum consisting of witnesses' fees, steno- 5 grapher's fees, master's or commissioner's fees and other disbursements and 6 direct payment thereof out of any such money or property or the proceeds there- 7 of. The following form of order for the payment of expenses to a judgment cred- 8 itor shall be deemed sufficient and shall be taken as furnishing suggestions from 9 which other ordfers may be properly framed: 10 In the Circuit Coubt of Cook CouUty, Illinois. 11 John Doe 1 Supplementary Proceeding. No. 30. 12 v. I Febmary 24, 1908. 13 Richard Roe. i Before Hon. John Jones, Judge. 14 This day the court, having jurisdiction of the subjeci^matter of this pro- 15 ceeding and of the person of the defendant, Richard Roe, by service of citation 16 and the appearance of the defendant, hears the proofs in open court and there- 17 upon upon consideration thereof the court doth order that the sheriff of Cook 18 county, out of the moneys received by him herein, pay to the plaintiff the sum of 19 thirty-five dollars ($35) as the plaintiff's costs taxed herein. 689 Sec. 1078. Costs op judgment debtor — ^foem of gedeb.] Where the judg- 2 mentdeMor has been examined and property applicable to the payment of the 3 judgment has not been discovered in course of the proceedings hereunder, the 4 court may fix a sum consisting of witnesses' fees and other disbursements made 5 by said judgment debtor, including stenographer's fees and the amount so fixed 6 shall, in the discretion of the court, be paid by the judgment creditor to such judg- 7 ment debtor and, .unless paid' within the time fixed by the court, an execution 8 therefor shall issue against the ^judgment creditor and bcf'served and enforced as 9 other executions, or the 'payment thereof may be enforced by attachment against 10 "the ijudgment creditor. The following form of order for the payment of expenses 11 to a judgment debtor shall be deemed sufficient and shall be taken as furnishing 12 suggestions from which other orders may be properly framed : 13 ■ In the Circuit Court of Cook County, Iujnois. 14 John Doe 1 Supplementary Proceeding. No. 30. 15 V. \ February 24, 1908. 16 Eichard Eoe. J Before Hon. John Jones, Judge. 17 This day the court, having jurisdiction of the subject-matter of this pro- 18 eeeding, hears the proofs in open court and thereupon upon consideration there- 19 of the court doth order that the plaintiff pay to the defendant, Richard Roe, the 20 sum of twenty-five dollars ($25) as witness' fees and other disbursements of the 21 said defendant, Richard Roe. Sec. 1079. Discontinuance — dismissal.] A proceeding by citation insti- 2 tuted under this act may be discontinued at any time by the court upon the 3- application of the judgment creditor by whom the same was instituted, upon 4 such terms as the court may deem just and proper. When the judglnent creditor 5 unreasonably delays or neglects to procfeed, or where it appears that his judg- 6 ment has been satisfied, his proceeding may be dismissed by the court upon like 7 terms upon the application of the judgment debtor, or of the plaintiff in a judg- 8 ment creditor's action in equity, or of a judgment creditor who has instituted a 9 subsequent proceeding hereunder. i Sec. 1080. Intekvention — forms.] Whenever a proceeding by oitation shall 2 have been instituted and such citation served upon the judgment debtor in pursu- 3 ance of the provisions of this act, any other judgment creditor may intervene in 4 such proceeding by filing a petition verified by his affidavit showing the amount 5 of his judgment, the date when, and the court by whom, rendered and the parties 6 thereto and the amount due thereon, and thereupon such judgment creditor so 7 intervening shall be entitled to have applied to the satisfaction of such amount 8 as he may show to be due upon bis judgment any money or property, or the pro- 9 ceeds thereof, obtained by means of such citation over and above the amount due 10 upon the judgment in favor of the party instituting such proceedings and the 11 costs and expenses of such party as fixed by the court ; and the court shall have 12 power to make all orders necessary for the proper application of such moneys 13 and proceeds, and when such judgment creditor shall have intervened as afore- 14 said the proceedings shall not be discontinued without his consent until his judg- 15 ment shall have been paid and satisfied. To entitle any such judgment creditor to 16 intervene, it shall not be necessary that an execution shall have been issued upon 17 his judgment. The following forms of petition of intervention and of order ap- 18 plying proceeds of property to judgments of interveners shall be deemed suffi- 19 cient and shall be taken as furnishing suggestions from which other petitions and 20 orders may be properly framed: 21 1. Petition or intekvention by judgment cbeditob. 22 In the Circuit Court of Cook County, Illinois. 23 John Doe ] 24 V. hSnpplementary Proceeding. No. 30. j 25 Eichard Eoe. J 26 Petition of. Intervention. 27 The intervener, William Doe, says: 28 1. That on February 20, 1908, he recovered a judgment against the above 29 named defendant, Eichard Eoe, in the sup'erior court of Cook county, Illinois, in 30 the case of William Doe v. Eichard Eoe, Contract, No. 32, for the sum of seven 691 31 hundred dollars ($700), together with costs of the action taxed at eight dol- 32 laxs ($6). 33 2., That there is due to the intervener from the defendant on said judgment, 34 exclusive of interest and costs, seven hundred dollars ($700). 35 Wherefore the intervener prays for the enforcement of his said judgment .in 36 this proceeding in the manner provided by law. 37 WiLUAM 1>0E, 38 By Hbnky Beown, 39 Intervener's Attorney, 40 William Doe on his oath says that he is the intervener in the above petition, 41 and that the matters and things therein alleged are true in substance and in fact. 42 William Doe. 43 Siubscribed and sworn to before me this 10th day of June, 1908. 44 John Smith, Clerk. 45 2, Oeder applying proceeds to judgments of interveners. 46 . In the Circxiit Court of Cook County, Illinois. 47 John Doe 48 v. 49 Eichard Roe. Supplementary Proceeding. No. 25. February 24, 1908. Before Hon. John Jones, Judge. 50 This day the court, having jurisdiction of the subject-matter of this proceed- 51 ing and of the person of the defendant, Richard Roe, hears the proofs in open 52 court and thereupon, upon consideration thereof, the court doth order that the 53 sheriff of Cook county, Illinois, out of the moneys in his hands received under 54 the proceeding herein and remaining after the payment of the judgment set forth 55 in the petition of the plaintiff herein, together with all other payments hereto- 56 fore ordered by the court to be made out of said moneys, pay to William Thomas, 57 in satisfaction of the judgment mentioned in his intervener's petition herein, the 58 sum of eleven hundred and fifty dollars ($1,150) and to George Thomas, in 59 satisfaction of the judgment mentioned in his intervener's petition herein, the Dyz 60 sum of eight hundred and seventy-five dollars ($875) and that he pay the balance 61 of two hundred seventy-five dollars ($275) remaining in his hands to the de- 62 f endant, Richard Roe. j Sec. 1081. Restkaining order — forms.] The court by whom any citation or 2 - warrant is ordered to issue, or any court before whom any judgment debtor or 3 other person is required to appear or be brongM for examination, upon the peti- 4 tion of the judgment creditor setting forth that the judgment creditor verilybe- 5 lieves, and has reason to believe, that there is danger that the judgment debtor, 6 or any other person or corporation to be cited, may transfer or otherwise dispose 7 of the property of the judgment debtor, or the property or debt concerning 8 which a citation for eixamination has been or is about to be issued, may make 9 an order restraining such judgment debtor, or other person or corporation, from 10 making or suffering any transfer or other disposition of or interference with 11 the property of the judgment debtor, or the property or debt concerning which 12 any person or corporation is required to attend and be examined, until further 13 direction in the premises. The court, before entering any such order against 14 any person or corporation, other than the judgment debtor, shall require the 15 plaintiff to execute and file in the action an injunction bond conditioned, as 16 near as may be, as other injunction bonds, in such penalty as the court may deem 17 reasonable and with security to be approved by the court. The following forms 18 of petitions, orders and bond provided for in this section shall be deemed sufficient 19 and sliall be taken as furnishipg suggestions from which other petitions, orders 20 and bonds may be properly framed : ,, .,. ) 21 1. Petition FOR citation or individual debtor after return of execution 22 AND for restraining order. 23 In the Giecuit Court op Cook County, Illinois. 24 John Doe | 25 v. ^Supplementary Proceeding. No. 25. 26 Richard Roe. J . . , , . 27 Petition for Citation. 28 The plaintiff says: . -«^ 29 1. That on February 10, 1908, he recovered a judgment against the defend- 693 30 ant in said circuit court in the case of Joe Doe v. Eichard Roe, Contract, No. 17, 31 for the sum of five hundred dollars ($500), togeiher- with costs of the action 32 taxed at eight dollars ($8). 33 2. That on February 12, 1908, execution was duly issued on said judgment 34 and delivered to the sheriff of Cook county and was on May 1, 1908, duly re- 35 turned by said sheriff wholly unsatisfied. 36 o. That the amount due plaintiff on said judgment, exclusive of interest and 37 costs, is five hundred dollars ($500). 38 4. That the plaintiff verily believes, and has reason to believe, that there 39 is danger that the defendant may transfer or otherwise dispose of his property 40 to the injury of plaintiff unless restrained from so doing. 41 Wherefore plaintiff prays for a citation to said defendant, Bichard Roe, re- 42 quiring the defendant's appearance for examination at ten o'clock, a. m., on 43 Tuesday, June 1, 1908, and also for a restraining order. 44 John Doe, 45 By Thomas Jones, 46 Plaintiff's Attorney. 47 (Here add affidavit verifying petition as in other cases of petitions for 48 citations.) 49 2. Petition foe citation of individual debtor and another individual 50 after return of execution and for restraining order. 51 In the Circuit Court of Cook County, Iujnois. 52 John Doe 1 53 v. ^Supplementary Proceeding. No. 27. 54 Richard Et)e. J 55 Petition for Citation. 56 The plaintiff says : 57 1. That on February 12, 1908, he recovered a judgment against said defend- 58 ant in said circuit court in the case of John Doe v. Richard Roe, Contract, No. 694 59 21, for the sum of one thousand dollars ($1,000), together with costs of the 60 action taxed at eight dollars ($8). ; 61 2. That on February 14, 1908, execution was duly issued on said judg- 62 ment and delivered to the sheriff of Cook county, and was on May 1, 1908, duly 63 returned by said sheriff wholly unsatisfied. 64 3. That the amount due plaintiff on said judgment, exclusive of interest and 65 costs, is one thousand dollars ($1,000). j 66' 4. That plaintiff is informed and believes, and so charges, that one William 67 Roe, of said county of Cook, has personal property of said Richard Roe in his 68 possession not exempt from execution or garnishment, among which per- 69 sonal property is a promissory note dated January 2, 1908, for the sum of five 70 hundred dollars ('$500) , made by S'amuel Jones and payable to the order of Rich- 71 ard Roe at Chicago, Illinois, six months after date, with interest at six per cent. 72 per annum, and by Richard Roe indorsed, and that plaintiff verily believes, and 73 has reason to believe, that there is danger that the said William Roe may transfer 74 or otherwise dispose. of said note to the injury of the plaintiff unless restrained 75 from so doing. - ■ " [ 76 Wherefore plaintiff prays for citations to said defendant Richard Roe and 77 said William Roe, requiring their appearance for examination, at ten o'clock, a. 78 M., on Tuesday, June 1, 1908, and also for a restraining order against said Wil- 79 liam Roe. John Dob, 80 By Thomas Jones, 81 Plaintiff's Attorney. 82 (Here add affidavit verifying petition.) 83 3. Oedek kesteaining defendant from tkansfeeeing oe otheewise dispos- 84 iNG of peopeety. 85 In the Cieouit Cduet of Cook County, Illinois. 86 John Doe ] Supplementary Proceeding. No. 25, 87 V. y February 24, 1908. 88 Richard Roe. J Before Hon. John Jones, Judge. 89 This day, without notice to the defendant, upon the petition of the plaintiff 90 for a citation filed herein and the affidavit verifying the same, the court doth 695 91 thereupon and upon consideration thereof order that the defendant, Richard Eoe, 92 be and is hereby enjoined and restrained, until the further order of this court, 93 from transferring or otherwise in any manner disposing of any of his property, 94 whether real or personal. 95 4. Oedee eesteaining thied peeson feom teansfeeeing of otheewise dis- 96 POSING OF peopekty. 97 In the Oiecuit Coxjet of Cook County, Illinois. 98 John Doe i Supplementary Proceeding. . No. 25. 99 V. ■ I February 24, 1908. 100 Richard Roe. J Before Hon. John Jones, Judge. 101 This day, without notice to the defendant, Richard Roe, or to William Roe, 102 upon the petition of the plaintiff for a citation filed herein and the affidavit veri- 103 fying the same, the court, having first required the plaintiff to execute and file 104 herein an injunction bond in the penal sum of one thousand dollars ($1,000) 105 with good and sufficient security to be approved by the court, and the plaintiff 106 having filed said bond with William Smith as surety and the same having been 107 approved by the court, doth thereupon upon consideration thereof order that 108 said William Roe be and he is hereby restrained until the further order of this 109 court from transferring or otherwise in any manner disposing of the promissory .110 note mentioned in the plaintiff's said petition, dated January 2, 1908, for the sum 111 of five hundred dollars ($500), made by Samuel Jones and payable to the order 112 of Richard Roe at Chicago, Illinois, six months after date with interest at six 113 per cent, per annum and by said Richard Roe endorsed, 114 5. Injunction bond. 115 In the Ciecuit Couet of Cook County, Illinois. 116 John Doe 117 V. 118 Richard Roe. Supplementary Proceeding. No* 25. 119 Injunction Bond. 120 Know all men by these peesents, That we, John Doe, as principal, and Wil- 121 liam Smith, as surety, are held and firmly bound unto William Roe, of Cook G96 122 county, Illinois, in tlie penal sum of one thousand dollars ($1,000), for the pay- 123 ment of which well and truly to be made we bind ourselves, our heirs, execu- 124 tors, administrators and assigns, jointly and severally, firmly by these presents. 125 Witness our hands and seals this 24th day of February, 1908. 126 The condition of the above obligation is such that if the above bounden 127 John Doe shall pay all damages and costs which may be awarded against him 128 in favor of said William Smith, in case the restraining order this day entered 129 by the circuit court of Cook county, Illinois, in the above entitled action, shall 130 be vacated or dissolved, then this obligation is to be void; otherwise the same is 131 to be and remain in full force and effect. 132 John Doe [seal,.] 133 WiLUAM Smith [seal.] 134 Approved February 24, 1908. 135 John Jones, Judge. n Sec. 1062. Bond by judgment debtor — eoems.] When any judgment debtor 2 has been arrested and brought before the court by virtue of a warrant issued as 3 hereinbefore provided, and it shall appear to the satisfaction of the court from 4 his examination or other proof that there is danger that he will leave the state, 5 or conceal himself, and that he has property which he has unjustly refused to 6 apply to the satisfaction of the judgment, the court may make an order requiring 7 him to give a bond, with one or more sureties, in a sum fixed and within a time 8 specified in the order, conditioned that he will, from time to time, as the court 9 may direct, attend before the court, or before some officer appointed or to be ap- 10 pointed for that purpose, and that he will not, until discharged from arrest by 11 virtue of the warrant, dispose of any of his property which is not exempt from 12 execution or garnishment, and, if he fails to comply with such order, the court 13 shall forthwith order him committed to the county jail, there to remain until the 14 close of the examination or the execution of the required undertaking, excepting 15 that the court may direct the sheriff or other officer to produce him, from time 697 16 to time, as required in the course of the proceedings; The following fdrms of 17 order for the giving of a bond, of bond, and of order committing the defendant 18 for failing to give such bond provided for in this section, shall be deemed suffi- 19 oient and' shall be taken as furnishing suggestions from which other- orders and 20 bonds niay be properly framed: 21 1. olldek keqxjieing defendant aeeested tjndee waeeant to give bond. 22 In the Ciecuit Cotjet of Cook County, Illinois. 23 John Doe 24 v. 25 Richard Doe. Supplementary Proceeding. No. 25. ■ April 20, 1908. Before Hon. John Jones, Judge. 26 This day the court, having jurisdiction of the subject-matter of this proceed- 27 ing and of the person of the defendant, Richard Roe, by his arrest under the war- 28 rant herein and his appearance, hears the proofs in open court and thereupon, 29 upon consideration thereof, the court doth order that the said defendant, Richard 30 Roe, within ten days from this date, execute and file herein a bond, with a surety 31 or sureties to be approved by the court, in the penal sum of five hundred dollars 32 ($500), conditioned that he will, from time to time, as the court may direct, at- 33 tend before the court and that he will not, until discharged from arrest by virtue 34 of the warrant herein, dispose of any of his property which is not exempt from 35 execution or garnishment. 36 " 2. Bond of defendant foe attendance before cotjet. 37 In the Ciecuit Couet of Cook County, Illinois. 38 John Doe 1 39 V. rSupplemenrary Proceeding. No. 25. " - 40 Richard Roe J ; , 41 Bond fok Attendance. 42 Know all men by these peesents, That we, Richard Roe, as principal, and 43 Henry Roe, as surety, are held and firmly bound unto the People of the State of 44 Illinois, in the penal sum of five hundred dollars ($500), for the payment of 698 45 which well and truly to be made we bind ourselves, our heirs, executors, admin- 46 istrators and assigns, jointly and severally, firmly by these presents. 47 Witness our hands and seals this 20th day of April, 1908. 48 The condition of this obligation is such that whereas on the 20th day of 49 April, 1908, the circuit court of Cook county, Illinois, in a certain supplementary 50 proceeding therein pending under a certain judgment rendered by said court 51 against said Eichard Roe on the 10th day of February, 1908, for the sum of five 52 hundred dollars ($500) and costs of the action, in favor of John Doe, did enter 53 an order requiring said Richard Roe to give a bond to attend before the court, 54 from time to time, as the court might direct, and otherwise conditioned as pro- 55 vided by law: ^ 56 Now,' therefore, if the said Richard Roe shall, from time to time, attend be- 57 fore the circuit court of Cook county, Illinois, as the court may direct and shall 58 not, until discharged from arrest by virtue of the warrant issued in such pro- 59 ceeding, dispose of any of his property which is not exempt from execution or 60 garnishment, then this obligation is to be void ; otherwise the same is to be and re- 61 main in full force and effect. 62 RiCHAiiD Roe [seal..] 63 Heney Roe [seal.] 64 Approved April 20, 1908. 65 John Jones, Judge. 66 3. Oedeb committing judgment debtoe to county jail fob failuee to give 67 bond. 68 In t!hb Cibcuit Coubt of Cook County, Illinois. 69 John Doe T Supplementary Proceeding. No. 25. 70 v. \ April 21, 1908. 71 Richard Roe. J Before Hon. John Jones, Judge. 72 This day the court, having jurisdiction of the subject-matter of this proceed- 73 iag and of the person of the defendant, Richard Roe, by his arrest under the war- 699 74 rant herein and his appearance, doth order that said defendant, Richard Roe, be 75 and he is hereby committed to the county jail of Cook county until, unless 76 otherwise discharged according to law, he shall execute and file herein a bond 77 with a surety" or sureties to be approved by the court in the penal sum of five 78 hundred dollars ($500) conditioned that he will, from time to time, as the court 79 may direct, attend before the court and that he will not, until discharged from 80 arrest by virtue of the warrant herein, dispose of any of his property which is 81 not exempt from execution or garnishment. Sec. 1083. Speedy hearikg to judgment debtoe committed to jail.] Any 2 judgment debtor committed to jail in pursuance of the provisions of the preced- 3 ing section shall be entitled to an immediate hearing and examination, and to that 4 end such hearing shall take precedence over all other business of the oourt which 5 does not involve the liberty of any person, and, unless such hearing and examina- ' 6 tion is entered upon within three days after such commitment, the judg- 7 meaat debtor shall be entitled to a discharge from his imprisonment upon enter- 8 ing into a recognizance, without security, in such sum as may be fixed by the 9 court, conditioned, as near as may be, like the bond hereinbefore provided for. Sec. 1084. Refekence to master — ^form.] The court may, in its discretion, 2 in any supplementary proceeding make an order directing that an examination 3 be had before a master in chancery, special commissioner or referee designated 4 in the order, and- that the master, special commissioner or referee; at the request 5 of either party, report the evidence, either with or without his conclusions ,6 thereon, and may order the issuance of a citation for the attendance of the judg- 7 ment debtor or any other person before the master for examination. The following 8 form, of citation shall be deemed sufficient and shall be taken as furnishing sug- 9 gestions from which other citations may be properly framed : 700 10 In the Circuit Court of Cook County, Illinois. 11 John Doe 1 12 V. Supplementary Proceeding. No. 25. 13 Kichard Eoe. J 14 , Citation. 15 The People of the State of Illinois — Greeting to Richard Roe : 16 We hereby command yon to personally be and appear before Henry Thomp- 17 son, Esq., master in chancery of the circnit court of Cook county, Illinois, at his 18 office. Room 607, No. 100 Washington Street, Chicago, Illinois, at ten o'clock a. 19 M., on the first day of June, 1908, to be examined under oajth concerning your 20 property in a certain supplementary proceeding pending in said circuit court un- 21 der a certain judgment rendered by said court against you on the 10th day of 22 February, 1908, for the sum of five hundred dollars ($500) and costs of the 23 aotion in faivor of John Doe. 24 Witness JohmSmith, clerk of said circuit court and the seal thereof, at 25 Chicago, Illinois, this 25th day of May, 1908. John Smith, Clerk. Sec. 1085. Service op order.] Any order made in a supplementary proceed- 2 ing may be served by delivering a certified or sworn copy thereof to the person 3 to be served and the same may be served by any officer or person authorized by 4 this act to serve a summons. i See. 1086. Court may designate days foe examinations.] Each court of rec- 2 ord may, by irule, designate one or more days or parts of days of each week for 3 the examination of judgment debtors in supplementary proceedings, and when 4 such designation is so made the citation herein provided for shall require the 5 appearance of the persons cited on the days so designated, Sec. 1087. Other proceedings to be regulated by rules.] All other pro- 2 ceedings pertaining to citations and examinations of judgment debtors shall be 3 regulated by such rules as may be adopted by the supreme court, and the su- 4 preme court shall have power to adopt all further rules and regulations, not in- 701 5 consistent witli the provisions of this aot or otherwise inconsistent with law, 6 which the court may deem necessary to carry into effect the intention of this 7 act, which is to enable the judgment creditor to collect the amount of his judg- 8 ment out of any personal property of the debtor not exempt from execuition or 9 garnishment, or out of any moneys due to the judgment debtor exceeding the 10 amount exempt by law from garnishment, or out of any property which the judg- 11 ment debtor may have conveyed, transferred or otherwise made disposition of 12 with the intent to disturb, delay, hinder or defraud his creditors; and to cause 13 such property to be applied in satisfaction of such judgment. Sec. 1088. Judgments or justices of the peace — forms of petition and cita- 2 TiON.] Any judgment rendered by any justice of the peace, when the amount due 3 thereon, exclusive of interest and costs, exceeds twenty-five dollars ($25), and 4 when an execution has been issued thereon and returned unsatisfied, may, at any 5 time within seven years after the rendition thereof, be enforced by supplemen- 6 tary proceedings in any court of record of original jurisdiction, other than a 7 probate court, by the filing of a petition for a citation in such court, of record 8 accompanied by a duly certified transcript of such judgment. Upon the filing 9 of such petition the same proceedings may be had, as near as may be, as are 10 hereinbefore provided for with respect to proceedings for the enforcement of 11 judgments of courts of record. The following forms of petition and citation un- 12 der this section shall be deemed sufficient and shall be taken as furnishing sug- 13 gestions from which other pietitions and citations may be properly framed : 14 1. Petition foe citation of individual debtor after return of execution 15 before justice of the peace, 16 In the Circuit Court of Cook County, Illinois. 17 John Doe ] 18 v. ^Supplementary Proceeding. No. 21. 19 Edchard Roe. J ' 20 Petition for Citation. 21 The plaintiff says : 22 1. That on October 5, 1907, he recovered a judgment against said defend- 7U2 23 ant before Henry Brown, Esq., a justice of the peace of said county of Cook, in 24 the case of John Doe v. Richard Roe, Action for Money, No. 60, for the sum of 25 one hundred dollars ($100), together with costs of the action taxed at three 26 dollars ($3). 27 2. That on October 25, 1907, execution was duly issued by said justice of 28 the peace on said judgment and delivered to Gffeorge Brown, a constable of said 29 county, who, on December 20, 1907, duly returned the same wholly unsatisfied. 30 3. That the amount due plaintiff on said judgment, exclusive of interest and 31 costs, is one hundred dollars ($100). 32 4. That a certified transcript of said judgment is herewith filed. 33 Wherefore plaintiff prays for a citation to said defendant, Richard Roe, re- 34 quiring the defendant's appearance for examination at ten o'clock, a. m., on 35 Tuesday, February 12, 1908. 36 John Dob, 37 By Thomas Jones, 38 Plaintiff's Attorney. 39 John Doe on his oath says that he is the plaintiff in the above petition, and 40 that the matters and things therein alleged are true in substance and in fact. 41 John Doe. 42 Subscribed and sworn to before me this first day of February, 1908. 43 John S'mith, Clerk. 44 2. Citation upon petition to enforce judgment of justice of the peace. 45 In the Circuit Court of Cook County, Illinois. 46 John Doe 1 47 V. Supplementary Proceeding. No. 21. 48 Richard Roe. J 49 Citation. 50 The People of the State of Illinois— Greeting to Richard Roe: 51 We hereby command you to personally be and appear before the circuit 52 court of Cook county, Illinois, at the county court-house in Chicago in said 703 53 oourity at ten o 'clock, a. m., on Thursday, February 12, 1908, to be examined un- 54 der oath concerning your property in a certain supplementary proceeding 55 therein pending under a certain judgment rendered by Henry Brown, Esq., a 56 justice of the peace of said county of Cook, against you on October 5, 1907, for 57 the sum of one hundred dollars ($100) and costs of the action in favor of John 58 Doe. 59 Witness John Smitli, clerk of said circuit court and the seal thereof, at 60 Chicago, Illinois, this first day of February, 1908, Sec. 1089. Creditors' bills.] "Whenever an execution shall have been issued 2 against the property of a defendant on a judgment at law or a decree in equity 3 and shall have been returned unsatisfied, in whole or in part, the party suing 4 out such execution, in lieu of proceeding by citation as hereinbefore provided, 5 may file a bill of complaint in equity against such- defendant and any other per- 6 son or persons to compel the discovery of any property, money or things in action 7 due to him or held in trust for him, and to prevent the trsmsfer of any such prop- 8 erty, money or things in action, or the payment or delivery thereof to the de- 9 fendant, except when such trust has in good faith been created by or the fund so 10 held in trust has proceeded from some person other than ihe defendant himself. 11 The court shall have power to compel such discovery and to prevent such trans- 12 fer, payment or delivery, and to decree satisfaction of the sum remaining due on 13 such judgment out of any personal property, money or thing in action belonging 14 to the defendant or held in trust for liim, with the exception above stated, which 15 shall be discovered by the proceedings in equity, whether the same were originally 16 liable to be taken in execution at law or not: Provided, however, thaA no answer 17 made to any bill filed under this section shall be read in evidence against the de- 18 fendant on the trial of any indictment or information for fraud charged in the bill. 19 This section shall not, however, be construed to authorize any lien upon or sale 20 of those articles in possession of the defendant which are exempt from execution YU4 21 by law and not released or waived by the party entitled to such exemption, nor 22 to authorize the application to the payment of the plaintiff's judgment of any 23 money or property exempt by law from garnishment. Any bill of complaint in 24 equity hereunder shall be sufficient if it sets forth the recovery of the plaintiff's 25 judgment, including the date thereof, the court in which rendered and the names 26 of the parties thereto and the issuance of an execution thereon and the return 27 of the same unsatisfied in whole or in part, and is filed within seven years after 28 the rendition of such judgment and sets forth that the plaintiff claims from the 29 defendants in such bill of complaint discovery of all property, money or things 30 in action within their possession, knowledge or control or within the possession 31 knowledge or control of either of them, which in equity ought to be applied to the 32 satisfaction of the judgment, and if the bill shall be verified by "the oath of the 33 plaintiff, his agent or attorney, that the same is true in substance and in fact. 34 Every answer to any such bill shall be under the oath of the defendants, but the 35 same shall not be evidence in their favor and notwithstanding any defendant shall, 36 in his answer, deny that he has possession, knowledge or control of any property, 37 money or thing in action which ought in equity to be applied in satisfaction of the 38 judgment, the court may proceed to hear the evidence and to render such decree 39 as the law and evidence may require. The plaintiff shall also be at liberty, in any 40 such bill, to set forth and describe any specific property, which he may seek to 41 have applied in satisfaction of his judgment, and may claim relief with respect 42 to any conveyance thereof or other transaction with respect thereto. 705 DIVISION LII. administration Section 1090. 'Who may devise property. 1091. Will to be in writing and signed — wit- nesses^^probate. 1092. • ' Wttn'esS'^ to appear- 'for probate — pen- alty. 1093. Petition t6 be filfed — notice to be given. 1094. Forms of petition. 1095. Non-resident witness — dedimus potes- tatem. 1096. Cpunty or 'probate judge witness. 1097. Proof of handwriting of deceased wit- ness—secondary evidence. 1098. Will contested. 1099. Devise, etc., to witness void. HOC. Wills proven without the state — effect of. iioi. Foreign wills admitted to probate. 1102. Place of probate. 1103. Custodian of' will to deliver-^penalty. 1104. Evidence in case of appeal. 1 105. Appeal — how .taken — notice — deposit — trial de novo. 1 106. ' Nuncupative, will. 1107. Procedure for probate of nuncupative will — -petition — notice to heirs and legal representatives. 1 108. Manner of revoking, will. 1109. Wills to remain with clerk— copies evi-. dence. mo. Debtor as executor. 1 1 1 1 . Creditor as witness. 1W2. Certificate of administration upon pro- bate of will. 1 1 13. Duty of person named as executor — penalty. 11 14. When minor or married woman exec- utor. 11151. Power of executor before probate — waste, etc. 1 1 16. Death, etc., af part of executors. 1 1 17. Bond of executor — form. or ESTATES. Section 1 1 18. When security not required. .1119. Executor, etc., becoming resident of another county. 1120. Form of certificate of administration issued to executor. 1121. Certificate competent evidence — clerk may issue several certificates. 1122. When administrator to collect appoint- ed — forms. 1 123. Form of certificate of administration to collect. 11,24. Bond of administrator to collect. 1 1 25 . Powers — commission. .1126. Actions to collect. 1 127. When powers cease — penalty. 1 128. Who to be appointed administrator — death to be proved. 1129. When certificate may be. granted to other than husband, etc. 1 1 30. Affidavit of death, etc. — forms of peti- tion. 113 1. Form of certificate of administration. 1 132. Forms of other certificates' of adminis- tration. 1133. Bond of administrator. 11 34. Additional bond for sale of real estate. 1 135. Joint or several bonds. 1 1 36. Action on bond. 1137. Revocation of certificate of administra- tion. 1 138. Proceedings when executor, etc., re- moved. 1 139. Requiring other security. 1 140. Counter or other security. 1 141. New bond— form. 1 142. Release of surety. 1 143. Failure of executor, etc., to comply or settle— successor. 1 144. Dealh of sole executor. 1 145. Revocation of certificate— death or dis- qualification of executor or adminis- trator, etc. 706 ADMINISTBATION OF ESTATES — CONTINUED. Section 11 46. Bond of former executor, etc. — liabil- ity. 1 147. Resignation — settlement. 1 148. Powers of foreign executors and ad- ministrators in this state. 11 49. Exception when certificate granted in this state. 1150. Governor to appoint public administra- tor — term of office — duties. 1151. Public administrators in office July i, 1909, to hold until successors ap- pointed, etc. 1152. Salaries of public administrators — how fixed. 1 153. Oath. 1 1 54. Bond — additional security — neglect — removal. 11 55. Public administrator may appoint as- sistants when — salaries of assistants — ^bond, etc. 1 1 56. Suitable rooms, stationery, etc., for public administrator. 1 1 57. Compensation other than salary forbid- den. 1 1 58. Expenses of public administrator — how paid. 1 1 59. Depositories for moneys of public ad- ministrator. 1 160. Fees and allowances of public adminis- trator. 1161. How receipts of public administrator on account of fees and allowances disposed of. 1 162. Certificate of public administrator re- voked in favor of person entitled to preference when. 1 163. Disposition of unclaimed estate. 1 164. When public administrator to protect estate. 1 165. Inventory. 1 166. Supplementary inventory. 1 167. Court to examine inventory. 1 168. Inventories as evidence. 1 169. Liabilities of executors, etc. 1 170. When assets do not exceed widow's al- lowance — new assets. Section 1 171. Notice of adjustment of claims. 1 172. 'Form of claim. 1 173. Forms of claims in actions at law suffi cient. 1 1 74. Claims to be in quadruplicate. 1 175. Trial by court unless jury demanded, etc. 1 176. Trial in circuit court when jury de- manded. 1 177. Oath of claimant may be required. 1 178. Evidence. 1 179. Demand against claimant. 1 1 80. Claims not due. 1 181. Demands classified — limitations. 1 182. Manner of payment. 1 183. Demand of executor, etc. 1 184. Entries — classing — payment before al- lowance. 1185. When claims must be exhibited. 1 186. Enforcement of claim exhibited after lapse of one year but before distribu- tion, etc. 1 187. Enforcement of claim exhibited after lapse of one year and after distribu- tion, etc. 1 188. How payment of claim established by bill in equity enforced. 1 189. What property subject to such claims. 1 190. Purchaser from heir, devisee or legatee to take title free from lien, etc. 1 191. Widow's or children's award. 1 192. Right to award not affected by renun- ciation, etc. 1 193. Allowance to children. 1 194. Equalizing legacies, etc., on renuncia- tion. 1195. Who are liable for waste. 1 196. Concealed, etc., goods, etc.— disclosure, etc. 1 197. Refusal to answer, etc. — commitment. 1 198. Desperate claims. 1 199. Avails of desperate claims. , ■ 101 ADMINISTRATION OF ESTATES— CONCLUDED. Section 1 200, 1201. 1202. Court may order certain claims com- pounded. Removal of property by executor, etc. — ^penalty. Court may order executor to deliver property, etc. 1203. Duty of surviving partner. 1204. Return of inventory, etc. 1205. Rights of surviving partner — account. 1206. Waste — citation — security — costs. 1207. Public sale — notice — private sale. 1208. Distribution in kind. 1209. Growing crops. 1210. Clerk— Lcrier. 12 11. Bill of sales — return. 12 12. Sale of real estate pursuant to will — surviving executor. 1213. Sale of real estate to pay debts. 1214. How proceeding commenced — bill — parties. 1 21 5. Requisites of. bill — form. 1216. Subsequent procedure to be same as in equity. 1217. Power of court as to mortgages, liens, priorities, conflicting titles, etc.- . 1218. Hearing — decree of sale — overplus. 1219. Sales to be made by executor or admin- istrator — conveyances. 1220. Nbtice — penalty — return — confirma- tion. Proceeds of sale. 1221. 1222. 1223. 1224. Sale of land not fully paid for — com- pleting purchase. Settlements enforced — contempts — in- terest on assets. Failure to pay over. Section 1225. Annual and final settlements — notice to heirs. 1226. Distribution. 1227. Payment of legacies. 1228. Bond from legatees, etc. 1229. Refunding by legatees, etc. 1230. Actions between executors, etc. 1 23 1. Jurisdiction over administration of es- tates to include administration of testamentary trusts, etc. 1232. Jurisdiction of actions for construction of wills. 1233. When and how mortgage and lease of real estate by executors made. 1234. Foreclosures. 1235. No strict foreclosure. 1236. What actions survive. 1237. When executor, etc., appeals, etc. — bond. 1238. Mistakes, etc. 1239. Contracts of decedents. 1240. Books of account. 1 24 1. Insolvent estate. 1242. Sale to pay debts — coerced. 1243. Power of court. T244. Sheriff's duties — fees. 1245. Compensation of executors, etc. 1246. Act construed. 1247. Unclaimed money to be deposited. 1248. How obtained after deposited. 1249. Testamentary trustee — compensation of. 1250. Payment of taxes by executor or ad- ministrator. 1251. Blank forms to be prepared. See. 1090. Who may devise pbopeety.] Every male person of the 'age of twen- 2 ty-one years, and every female of the age of eighteen years, being of sound mind 3 and memory, shall have power to devise all ithe estate, right, title and interest, in 4 possession, reversion or remainder, which he or she hath, or at the time of his or 708 5 lier death shall have, of, in and to any lands, tenemenit®, hereditaments, annuities 6 or rents, charged upon or issuing out of them, or goods and' chattels, and pesTronal 7 esitate of every description whatsoever, by will or testaanent. Sec. 1091. Will to be in weitikg and signed — witnesses — pbobate.] ' All wills, 2 testaments and codicils, 'by -Which any lands, tenements, hereditaments, annuities, 3 rents or good's and chattels are devised, shall be reduced to writing, and signed 4 'by the testator lor testaitrix, or by some 'person in his or her presence, and by his 5 or her direction, 'and attested in the presence of the testator or tesitatrix, by two 6 'or more cred'ible witnesses, two of whom, declaring on oath or affirmation, before 7 the county court or probate court of the proper county, thalt they were present 8 and isaw the testator or 'testatrix sign said will, testament or codicil, in their pres- 9 ence, or acknowledged the same to be his or her act and deed, and that they be- 10 lieved the testator or testatrix to be of sound mind and memory at the time of 11 signing or acknowledging the same, shall be sufficient proof of the execution of 12 said will, testament or codicil, to admit ithe 'same to record : Provided, that no 13 proof of fraud, compulsion or other improper conduct be exhibited, which, in the 14 opinion of said county court or probate court, shall be deemed sufficient to invali- 15 date or destroy the same ; 'and every will, testament or codicil, when thus proven 16 to the satisfaction of the court, sha'Il, together with the probate tbereiof , be re- 17 corded by the clerk of said court, in a book to be provided by him for .that pur- 18 pose, and shall be good 'and available in law for the 'granting, conveying 'and as- 19 suring the lands, tenements and hereditaments, annuities, rents,' goods and chat- 20 tels therein and thereby devised, granted and bequeathed. Sec. 1092. Witness TO APPEAB FOE probate — penalty.] It shall be the duty of 2 each lamd every witness to any will, testament or codicil, made and executed in 3 this staite, as aforesaid, to be 'and appear before the county court or probate court 4 on the day fixed for the probate of such will, testament or codicil, to testify of 5 aad concerning the execution and validity of the same; and the said court shall 709 6 have power and authority to attach and punish, by fine and imprisonment, or 7 either, any witness who shall, without a reasonable excuse, fail to appear w^hen 8 duly summoned for the purpose aforesaid : Provided, the said punishment by 9 imprisonment shall in no case exceed the space of twenty days ; nor shall a greater 10 fine be assessed, for any such default, than the sum 'of fifty dollars ($50). Sec. 1093. Petition to be filed^notice to be given.] Before any will shall 2 be admitted to probate the person desiring to have the same probated shall file a 3 petition in the; county court or probate court of the proper county asking that said 4 will ibe admitted to probate, which petition shall state the time and place of the 5 death of the testator and the place of his residence at the time of his death, also 6 the names of all of the heirs-at-law and the legaltees, with the place of 'residence 7 of each, when known, and when unknown the petition shall so state, and the said 8 ' petition shall be verified by the affidavit of the petitioner. And thereupon the 9 clerk of said court shall send by mail to each of said parties a copy of said peti- 10 tiofl w'ithin five days after the filing thereof, and not less than twenty days prior 11 to the hearing on said petition. Copies of said petition, including the copies of 12 the last will and testatment annexed thereto, together with properly addressed 13 and stamped envelopes for mailing the same to the heirs at law and legatees as 14 aforesaid, shall be furnished to the clerk by the party applying for the probate 15 of isuch last will and testament. And in case the post-office address of any of said 16 parties is not 'Shown by the said petition, then publication shall be made for at 17 least three weeks before the day set for the hearing in a newspaper .of general 18 circulation published in the county where said will is to be offered for probate, 19 which notice shall contain the names of the testator, the heirs-atrlaw and legatees, 20. when known, and the time and, place where said will is to be offered for probate: 21 Provided, that in case such a petition is not filed and a will has 'been deposited in 22 said 'Court for the space of ten (10) days, then it shall be the duty- of the court to 23 proceed to probate said will without petition being filed, but only after having 710 24 caused such publication and notice of the intention to probate said will to be given 25 to the parties in interest as to the court may seem proper. The mailing of such 26 copy of itjhe petition, including the copy of the last will and testament, need not 27 be made to any heir-at-law, legatee or other person in interest, who shall file 28 with the clerk of the court his waiver of such notice and his appearance in writ- 29 ing in such proceeding, which waiver and appearance may be in substantially the 150 following form: 31 ' In the Peobate Cotjbt of Cook County, Illinois. 32 In the matter of the "1 33 estate of Eiclhard [-Administration. No. 250. 34 E/oe, deceased. J Waiveb of Notice and Appeabance. 36 The imdersigned, an heir at law of Richard Roe, deceased, hereby waives notice 37 of the proceeding for the probate 'of the last will and testamenit of Richard Roe, 38 deceased, and enters his appearance in said action. 39 . Henby Roe. Sec. 1094. Forms of petition.] The following forms of petition provided for 2 in the preceding section shall be deemed sufficient and shall be taken 'as furnishing 3 suggestions from whidh other petitions may be properly framed: 4 1. Petition by executor fob peobate of will. *^ 5 In the Peobate Coubt of Cook County, Illinois. 6 In the matter of the estate of \ . j . . , ,. „ ___ 7 Ricihard Roe, deceased. I Admmistration. No. 250. 8 Petition foe Peobate of Will. 9 The petitioner, John Doe, says: 10 1. Richard Roe died January 15, 1908, in Cook county, Illinois, leaving a last 11 will and testament, a copy of which is hereto annexed. 12 2. Said Richard Roe, at the time of his death, was a resident of Oook ooimty, 13 Illinois. 711 14 3. Tlie 'heirs at lam of said Eiohard Roe, their relationship to him and their 15 post-office addresses, so far as the same are known to the petitioner, are as fol- 16 lows : 17 Jane Roe, widow, 1228 Michigan Avenue, Chicago, Illinois. 18 Henry Roe, son, 215 Jefferson Street, Indianapolis, Indiana. 19 William Roe, grandson, 117 Adams Street, Columbuis, Ohio. 20 John Roe, grandson, post-office address unkruown. 21 4. The legatees and devisees mentioned in said last will and tesltament other 22 than said heirs at law and tJlieir post-office addresses, so far as the same are 23 known to the petitioner, are as follows: 24 John Smith, 246 5th Avenue. New York, N. Y. 25 Henry Jones, 1407 Chestnut Street; Philadelphia, Pa. 26 5. Said Richard Roe left property of the following value : 27 Or— Fersonal estate $15,000 28 fc— Real estate 94,000 29 Total $109,000 30 6. The petitioner, who was named in said will as executor, resides at 5785 31 Woodlawn Avenue, Chicago, Illimois, and is ready and willing to accept the trust. 32 Wherefore petitioner prays: 33 First — For the probate of the will. 34 Second — For the issuance of a certificate of aldministration. 35 John Dob. 36 John Doe on his oath says that the foregoing petition by him subscribed is 37 true. John Doe. 38 . Subscribed and sworn 'to before me this 10th day of August, 1908. 39 Samuel Jones, Clerk. 40 2. Petition foe peobate op will when no execxjtoe is named. 41 (The form of petition in such case may be the same as the foregoing form ex- 42 cepting that paragraph 6 and the prayer thereof may read as follows :) 712 43 6. The testator has named no person to execute said last -will and testament. 44 Wherefore peititioner prays: 45 First — For the probate of the will. 46 Second — For the appointment of an administrator with the will annexed and 47 the issuance of a certificate of admiiiistration. 48 3. Petition foe peobate of will when exe^utoe named theeein declines, is 49 dead oe disqualified. 50 (The form of petition in suoh case may be the same as the foregoing form ex- 51 cepting thiat paragraph 6 thereof may read as follows:) 52 6. WiUdam Doe, the executor named in said last will and testament, has de- 53 clined to act (or is dead, or, is disqualified to act, as the case may be). Sec. 1095. NoN-EEsiDENT WITNESS — DEDiMus POTESTATEM.] When any will, tes- 2 tament or codicil shall be produced to the ooiunity or probate court for probate of 3 tlhe same, and any witness attesting such will, testament or codicil shall reside 4 without the limits of this state, or the county in which such will, testament c^r 5 codicil is produced for probate, or shall be unable to attend said court, it S'hall be 6 lawful for such county or probate court, upon the application of any person ask- 7 ing for probate thereof, and upon such notice to persons interested as such county 8 or probate court may, by special order, direct, to issue a dedimus potestatem, or 9 commission, under the seal of the court annexed to such will, testament or codicil, 10 together with such interrogatories in chief and cross interrogatories as may be 11 filed in said court, or as said court may direct to- be propounded to suoh witness 12 or witnesses, touching the execution of such wil}, testament or codicil, which oom- 13 mission shall be directed to any judge, master in chancery, notary public, justice 14 of the peace, mayor or other chief magistrate of a city. United States consul or 15 vice-consul, consular agent or secretary of legation, authorizing and requiring 16 him to cause such witness or witnesses to come before him at such time and place 17 as he may designate and appoint, and faithfully to take his, her or their deposi- 713 18 tions on oath or -affirmation, upon all such interrogatories as may be enclosed 19 with, or attached to, such commission, and none other, and certify the same when 20 thus taken, together with the said commission and interrogatories, into the court 21 out of which such commission issned, with the least possible delay. When so taken 22 and returned unto the court such deposition or depositions shall have the same 23 operation, force and effect, and such will, testament or codicil sihall he admitted 24' to probate in like manner, as if such oath or affirmation had been made in the 25 court from whence such commission issued. Whenever a commission sh^rfl issue 26 to any officer 'above mentioned, not by name bult simply by his official title, then 27 the seal of his office, attached to his certificate shall be sufficient evidence of his 28 identity and official character. Secj 1096. County OB probate judge witness.] In all cases where a county 2 ' judge; probate judge, or such other person as may be authorized 'by' law to* grant 3 probate of wills and testaments, may and shall have become a witness to any will 4 or testament which is required by law to be proved before him as such county 5 judge; probate judge, or person authorized to grant probate; as aforesaid, and the 6 testimony of such witness is necessary to the proof of the same, then, and in such 7 case, it shall be this duty to go before the circuit court of the ooijnty in which such 8 will is to be admitted to record, and make proof of 'the execution of the same, in 9 the same manner that proibate of wills is inquired to be made in other oases. And 10 it ishaH be the duty of the clerk of the circuit court aforesaid, forthwith to certify 11 such will proven as aforesaid, to the county court or probate conrit of the county ; 12 and said will shall, thereupon, have the same force and effect that it would have 13 had if it had been proven by one credible witness before the ooimty court or pro- 14 bate court; and if there are other witnesses to said will, the county court or pro- 15 bate court ishall take their evidence in support of said will, as in other cases. Sec. 1097. Proof of handwriting of deceased witness — secondary evidence.] 2 In all cases where any one or more of the witnesses to any will, testament or cod- 714 3 ioil, as af oresiaid, shall die, be insane, or remove to parts u-nkno'wn to the parties 4 concerned, so that his or her testimony can not be procured, it shall be lawful for 5 the court having jurisdiction of the subject-matter, to admit proof of the hand- 6 writing of any such deceased, insane or absent witness, as aforesaid, and such 7 other secondary evidence as is admissible in counts of justice, to estalblish written 8 contracts generally in similar oases ; and may thereupon proceed to record the 9 same, as though such will, testament, or codicil had been proved by such subscrib- 10 ing witnesses, in his, her or their proper persons. Sgic-,1098. Will contested.] When any will, testament, or codicil shall be ex- 2 hibilted in the county court or probate court for probate thereof, as aforesaid, it 3 shaJl be the duty of the court to receive the prWbate of the same without unneces- 4 ©ary delay, and to do all needful acts to enable the parities concerned to make set- 5 tlement of the estate at as early a day as ishall be consistent with the rights of 6 the respective persons interested therein : Provided, however, that if any person 7 iuteresited shall, within one (1) year after the probate of any such will, testament 8 or codicil in the county court or probate court as aforesiaid, appear and by his or 9 her bill in equity contest the validity of the same, an issue at law shall be made Up 10 whether the writing produced be the will of the testator or testatrix or not, 11 which sihall be tried by a jury in the circuit court of the oounlty wherein such will, 12 testament or codicil shall have been proven and recorded as afioresaid, according 13 to the practice in courts of eqmty in similar cases ; but if no such person shall ap- 14 pear within the time aforesaid, the probate ishall be forever binding and conelu- 15 sive on all of the parties concerned, saving to infants or non compotes mentis the 16 like period after the removal of their respective disabilities. And in all such trials 17 by jury as aforesaid, the certificate of the oath of the witnesses at the time of 18 the first probate, shall be admitted as evidence and shall have such weight as 19 the jury s:hall think it may deserve. „ " 715 Sec. 1099. Devise, etc., to witness void.J If any beneficial devise, legacy or 2 interest shall be made or given, in any -will, testament or codicil, to any person 3 subscribing such will, testament or codicil, as a witness to the execution thereof, 4 sudh devise, legacy or interest shall, as to such subscribing witness, and all per- 5 sons claiming under him, be null and void, unless such will, testament or codicil 6 be otiherwise duly attested by a siufficient number of wiltnesseis exclusive of such 7 person, according to this act ; and he or she shall be compellable to appear and 8 give testimony on the residue of such will, testament or codicil, in like manner as 9 if no sudh devise or bequest had been made. Bu)t if such witness would have been 10 entitled to any share of the testator's estate, in case the will, testament or codicil 11 was not established, then so much of such share shall be saved to. sudh witness as 12 shall not exceed the value of the said devise or bequest made to him or her as 13 aforesaid. , : ' . . Sec. 1100. Wills pkovbn without the state, effect of.] All wills, testaments 2 and codicils, or authenticated copies thereof, proven according to the laws of any 3 of the United States, or the territories thereof, or of any country out of the limits 4 of the United States, and touching or concerning estates within this state, accom- 5 panied with la certificate of tiie proper officer or officers 'thait said will, testament, 6 codicil or copy thereof was duly executed and proved, agreeably to the laws and 7 usages of that state or country in which the same was executed, shall be recorded 8 as aforesaid, and shall be good and available in law, in like manner as wills made 9 and execute'd in this state. Sec. 1101. Foreign wills admitted to probate.] All wi'lls, testaments and 2 codicils, which hereitofore have been or shall hereafter be made, executed and 3 published' out of this State, may be admitted to proibate in any county in this 4 State in which the tesitator may have been seizeid of lands, or other real estate, 5 . or in which his personal estate or part thereof shall lie, at the time of his death, 6 in the same manner, and upon like proof, as if the same had been made, executed 716 7 and published in this State, whether such will, testament or codicil, has first 8 been probated in the state, territory or country in which it was made and de- 9 clared or not. And all original wills, or copies thereof, duly certified accord- 10 ing to law, or exemplifications from records in pursuance of the law of Congress 11 in relation to records in foreign states, may be recorded as aforesaid, and shall 12 be good and available in law, the same as wills proved in such county court or 13 probate court. For the purpose of granting administration of both testate and 14 intestate estates, the situs of specialty debts shall be where the instrument hap- 15 pens to be, and of simple contract debts and other choses in action, where the 16 debtor resides. Sec. 1102. Place of probate.] If any testator or testatrix shall have a 2 mansion house ot known place of residence, his or her will is'hall be proved in the 3 court of the county wherein such mansion' house or place of residence shall be. 4 If he or she has no place of residence,^ and lands be devised in his or her will, it 5 shall be proved in the court of the county wherein the lands lie, or in one of them, 6 wiher^ there ishall be lanid in several different counties ; and if he or isihft have no 7 sudi kno'wn place of residence, and there be no lands devised- in such^ will, the 8 same may be proved either in the county where the testator or testatriix. shall have 9 died, or that wherein his or her estate, or the gr,eater part thereof, shall lie. Sec. 1103. Custodian of will to deliver — penalty.] Any person or per- 2 sons who may have in his or her possession any last will or testament of another, 3 for safe keeping or otherwise, shall, immediately upon the death of the testator 4 or testatrix, deliver up said will to thfe. county court, or tprobiate court of the 5 proper county; and upon a failure or refusal so to do, the court may issue. an 6 attachment, and compel the production of the same; and the person or, persons 7 thus withholding. any stich will, testament or codicil, as aforesaid, shall forfeit and 8 - pay twentjr dollars ($20) per month, from the time the same shall be thus wrong- 9 . fully wiibhield^ to be recovered by action of debt for the use of the estate, by any 717 10 person who will sue for the sajne, in any court having jurisdiction thereof; and if 11 any person to Tvhom a will, testament or codicil hath been or shall be delivered by 12 the party making it, for safe custody as aforesaid, shall alter or destroy the same 13 without the direction of the said party, or shall wilfully secrete it for the space 14 of six months after the death of the testator or testatrix shall be known to him 15 or her, the person so offending shall, on conviction thereof, be sentenced to such 16 punishment as is or shall be inflicted by law, in cases of larceny. Sec. 1104. Evidence in case of appeal.] When the probate of any will and 2 testament shall have been allowed or refused by any county court or probate 3 court, and an- appeal shall have been taken from the order or decision of such 4 court allowing or refusing to admit such will to probate, into the circuit ^court 5 of the proper county, as provided by law, it shall be lawful for the party seeking 6 probate of such will, to support the same, on the hearing in such circuit court, 7 by any evidence competent to establish a will in chancery; and in case probate 8 of such will shall be allowed on such appeal, it shall be admitted to probate, 9 liable, howevfer, to be subsequently contested, as provided in the ease of wills 10 admitted to probate in the first instance. Sec. 1105. Appeal — how taken — notice — deposit — teial — de novo.] An 2 appeal may be taJien from tiie order of a county court or probate ODurfc'tallowing 3 or disallowing any will to probate, to the circuit court of the same county, by any 4 person or persons interested in such will. Such appeal may be joint or several 5 and shall be accomplished by the filing by the person or persons appealing- with 6 the clerk of the county court or probate court within twenty days after :tiie -entry 7 of the order appealed from of a notice of such appeal and the making, by the 8 person or persons appealing, within the same time, of a deposit -with said clerk 9 of the sum of twenty-five dollars ($25) in counties of the first and seoond classes, 10 or thirty dollars ($30) in counties of the third class, of which amount' five dol- 11 lars ($5) shall be retained by said clerk as his fees for preparing and transmit- 718 12 ting to the clerk of tlie court appealed to the authentioated record and the re- 13 maining twenty dollars ($20) in counties of the first and second classes, or 14 twenty-five dollars ($25) in ooun;ties of the third class shall he transmitted by 15 'said clerk, together with the authenticated record, to the clerk duly certified under the hand of the clerk 6 and the seal of said court, shall be evidence in any court of laiw or equity in this 7 state. Sec. 1110. Debtor as executor.] In no case hereafter, within this State, 2 where any testator or testatrix shall, by his or her will, appoint his or her debtor 3 tio be his or her execuitor or executrix, shall such appointment operate as a re- 4 lease or extinguishment of any debt due from sudh executor or executrix, to such 5 testator or testatrix, unless the testato r or testatrix shall, in such will, expressly 6 ' declare his intention to devise, bequeath or release such debt ; nor even in that 7 ciase, unless the estate of such testator or testatrix is sufficient to discharge the 8 "^vhole of his or her just debts, over and above the debt due from such executor "9 or executrix. Sec. 1111. Creditor as witness.] If any lands, tenements or hereditaments 2 shall be charged with any debts, by any will, testament or codicil, and the credi- 3 tor whose debt is .so secured shall attest the execution of the same, such credi- 4 tor shall, niotwithstan'dihg, be admitted as a witness to the execution thereof. Sec. 1112. Certificate of administration upon probate of will.] When a 2 will has been duly proved aind allowed, the county court or probate court shall 3 grant a oeKtificate of administration thereon to the executor named in such will, if 4 he is legally competent and accepts the trust, and gives bond to discharge the 5 same; and when there is no executor named in such will, or the executor named 6 therein dies, refuses to act, or is otherwise disqualified, the court shall commit 7 the administration of the estate unto the widow, surviving husband, next of kin, 721 8 creditor or public administraJtor, tiie same as if the testate had died intestate. In 9 all cases copies of the will shiall go ont with the certificate of administration. Sec. 1113. Duty or person named as executor — penalty.] It shall be the 2 dulty of any persion, knowing that he is named or appointed as the executor of 3 the last will and testament 'of any person deceased, within thirty days next af- 4 ter the decease of the testator, to cause such will to be proved and recorded in 5 ithe proper county; or to present the will and declare his refusal to accept of 6 the executorship; and every such executor neglecting to do so, wiithout just 7 excuse for such delay, shall forfeit the sum of twenty dollars ($20) per month 8 from and after the expiration of said term of thirty days, until he shall cause 9 probate of said will to be made, or present the same as aforesaid, to be reoov- 10 ered by action, for the use of the estate, by any person who will sue for the same 11 in any court having jurisdiction thereof. Sec. 1114. When minor or married woman executor.] Persons of the age 2 of seventeen years, of siound mind and memory, may be appointed executors; 3 but when a person appointed executor is, at the time of proving the will, un- 4 der the age of twenty-onfe years, or of unsound mind, or convicted of any crime 5 rendering him infamous, administration may be granted during his minority or 6 other disability, unless there is another executor who accepts the trusit, in. which 7 case the estate shall be administered by such other executor until the minor ar- 8 rives at full age or the other disability is removed, when, upon giving bond as in 9 other cases, he may be admitted as joint executor with the former. When a mar- 10 ried woman is executrix, her husband may give bond with 'her for her faithful 11 performance of the trust as in other cases. Sec. 1115. Power OF EXECUTOR BEFORE probate — waste, etc.] The power of 2 the executor over the testator's estate, before probate of the will and obtaining 3 a certifioaite of administration, shall extend to the burial of the deceased, the pay- 4 ment of necessary funeral charges, and the taJring oare of the estate ; but in all 5 such oases if the will is rerjected when presented for probalte, and such executor 6 thereby never qualifies, he shall not be liable as am execultor of his own wrong, 7 unless upon refusal to deliver up the estate to the person authorized to receive 8 the same : Provided, that this section shall not be construed to exempit any per- 9 son, claiming to be executor as aforesaid, fior any waste or misapplication of 10 such estate. Sec. 1116. Death, etc., of part op executors.] Where two or more execu- 2 tors are appointed in and by the same will, and on© or more of them dies, re- 3 fuses to take upon himself the executorship, or is otherwise disqualified, a eer- 4 tificate of administnation shall be granted thereon to the other person or per- 5 sons s"o named, not renouncing as aforesaid, and not disqualified. Sec. 1117. Bond of executor— poem.] All executors hereafter appointed, 2 unless the testator shall otherwise direct in the will, and all administrators with 3 the will annexed, shall, before entering upon th&ir duties, enter into bond with good 4 and sufficient security to be approved by the county court or probate court, which 5 approval shall be evidenced by the endorsement of the same by the judge thereon, 6 in a sum double the value of the personal estate and payable to the People of the 7 State of Illinois for the use of the parties interested in substanitially the foUow- 8 ing form, to-wit: 9 In the County Court op Grundy County, Illinois 10 In the Matter of the Es- 1 » ■ . 11 tate of Richard Roe, rAdministration. No. 200. 12 deceased. J ^ 13 Bond op Executor. 14 Know all men by these presents. Thalt we, John Doe, as principal, and Wil- 15 liam Doe arid Henry Doe, as sureties, are held and firmly (bound unto the People 16 of the State of Illinois in the penal sum of twenty thousand dollars ($20,000) 17 for the payment of which, well and truly to be made, we bind ourselves, our 18 ihedrs, executors, .administrators and assigns, jointly aJid severally, firmly by 19 these presents. 20 Witness our hands land seals this 10th day of February, 1908. 21 The condition of the above obligation is such that if the above bounden 22 John Doe, as executor of the last will and testament of Richard Boe, decea,sed, 23 (or administrator with the will annexed of Bicha^rd Boe, deceased, as the case 24 may be,) shall faithfully perform all his duties as such executor (or admini'stra- 25 tor with the will annexed, as the case may be,) and sihall faithfully account for 26 all property whidh may, or by the exercise of .due diligence might have, come 27 into his possession, custody or control as such executor, and dispose of the same 28 in the manner required by law, then this obligation is to be void ; otherwise the 29 same is to be and remain in full force and effect. 30 John Doe. (Seal.) 31 William Doe. (Seal.) 32 Henry Doe. (Seal.) 33 Approved by me this 10th day of February, 1908. 34 James Bkown, Judge. 35 Which said bond shall 'be signed and sealed by the said executor (or admin- 36 istrator) and his sureties and filed in the office of the clerk of the county court or 37 probate court and recorded therein, and where it becomes necessary to sell -the 38 real estate of any intesitate for ithe payment of debts against his estate under 39 the provisions of this act, or in case real estate is to be sold under any provi- 40 sions of a wiU, the court shall require the executor (or administrator) to give 41 further an additional bond, with good and sufficient security to be approved by 42 the court, in a sum double the value of the estate of the decedent sought to be 43 sold, and payable to the People of the State of Illinois for the use of the parties 44 interested, in the form above prescribed, as near as may be, 724 Sec. 1118. When security not eequibed.] "WTien any testator leaves visi- 2 ble estate more than sufficient to pay ail liis debts and by -will sbaii direct that 3 his execntor shall not be obliged to give security, in that case no security shall 4 ibe required unless the county comrt or probate court shall see cause' from its own 5 knowledge, or the suggestions of creditors and legatees, to suspecit the executors 6 of fraud or that the personal estate will not be suffioiemt to discharge all the 7 debts, in which oase such court may require security, and the same shall be given 8 before or after a certifioate of administration is granted, notwithstanding any di- 9 rection to the contrary in the will. Sec. 1119. Executor, etc., becoming resident of another county.] When- 2 ever, by the division of any county or the removal of the executor or adminis- 3 trator to whom a oerfcificiaJte of administration has been granted, be is by sudh 4 removal or division beyond the limits of the county in which said certificate was 5 granted and in some other county of this State, the county court or probate 6 court of the county in which the certificate was or is granted shall proceed and 7 settle the estate in the same manner as if no removal or division had occurred. Sec. 1120. Form OP certificate op administration issued to executor.] 2 Wben the court shall order a certificate of administration issued to an executor 3 named in a last will and testament, the same Shall be issued by the clerk with a 4 copy of such last will and te^ament annexed thereto and shall be in substantially 5 the following form: 6 In the County Court of Grundy County, Illinois. 7 In the Matter of the Es- 1 8 tate of Richaa-d Roe, ^Administration. No. 200. 9 deceased. J 10 Certificate of Administration. 11 This is to certify that John Doe, 'of Grundy County, Illinois, the executor 12 named in the last will and testament of Richard Roe, deceased, whioh was duly 13 admitted to probate by the county court of Grimdy county, Illinois, on the 10th 725 14 day of February, 1908, and a copy of which, is hereunto annexed, is duly author- 15 ized to exercise all the powers of sucli executor. 16 Witness Henry Tlhomas, clerk of our said county court and the seal 17 thereof at Morris, Illinois, this 10th day of February, 1908. 18 ■ Henby Thomas, Clerk. Sec. 1121. Certificate competeistt evidence — clerk may issue several ceb- 2 tipicates.] Such certificate shall be competent evidence in all the courts of this 3 State of the probate of such last will and testament and of the right of the per- 4 son therein named as executor to exercise the powers of executor thereof, and ev- 5 ery certificate of administration provided for by this act shall be competent evi- 6 denoe in all the courts of this State of the right of the person therein named to 7 exercisiC the powers of executor or administrator as therein certified. As many 8 certificates may be. issued by the clerk, from time to time, as such executor or ad- 9 ministrator or any other person may require upon the payment of the costs fixed 10 by law therefor: Provided, however, that no such certificate shall be issued by 11 the clerk after the removal from office of any executor, unless the court shall so 12 order. Sec. 1122. When administkatok to collect appointed — foe.ms.J During 2 any contest in relation to the probate of any will, testament or codicil, before the 3 same is recorded, or until a will which may have once existed, but is destroyed 4 or concealed, is established, and the subsitance thereof committed to record, with 5 proof thereupon taken, or during any contest in regard to the right of execu- 6 torship, or to administer the estate of any person dying either testate or intes- 7 'tate, or whenever any other contingency happens which is productive of great de- 8 lay before a certificate of administration can be issued upon the estate of such 9 testator or intestate, to the person or persons having legal preference to the same, 10 the county court or probate court may appoint the person for the time being hold- 11 ing the office of public administrator, or, when there is no person holding the 726 12 said office, any other person, as administrator to collect and preserve the estate 13 of any sucili decedent until probate of his will, or until administrajtion of his es- 14 tate is granted, taking hond and security for the collection of the estate, making 15 an inventory thereof, and safe keeping and delivering up the same when there- 16 unto required by the court, to the proper executor or administrator, whenever he 17 shall be admitted and qualified as such. Such appointment may be made upon 18 petition of any person interested in such estate. The following forms of peti- 19 tion shall be deemed sufficient and shall be taken as furnishing suggestions from 20 which other petitions may be properly framed : 21 1. Petition foe administration to collect during contest as to probate 22 OF WILL. 23 In the Probate Court of Cook County, Illinois. 24 In the Matter of the Es- ] 25 taite of Richard Roe, ^Administration. No. 150. 26 deceased. J "27 Petition foe Administration to Collect. 28 The petitioner, J'dhn Doe, says: 29 1. Richard Roe died January 15, 1908, in Cook county, Illinois. 30 2. Said Richard Roe, at the time of his death, was a resident of said Cook 31 county. j 32 3. The heirs at law of said Richard Roe, their relationship to him and their 33 postoffice addresses, so far as the same are known to the petitioner, are as fol- 34 lows : 35 Jane Roe, widow, 1228 Michigan Avenue, Chicago, Illinois. 36 Henry Roe, son, 215 Jefferson Street, Indianapolis, Indiana. 37 William Roe, grandson, 117 Adams Street, Columbus, Ohio. 38 John Roe, grandson, P. 0. address unknown. 39 4. A writing purporting to be the last will and testament of said Richard 40 Roe, deceased, has been offered for probate in this court, but probate thereof has 41 not as yet been allowed, the same being contested. 727 42 5. The legiarfiees and devisees mentioned in said last will and testament, 43 other than said heirs at law and their postoffice addresses, so far as the same 44 are known to the petitioner, are as follows : 45 John Smith, 246 Fifth Avenue, New York, N. Y. 46 Henry Jones, 1407 Chestnut Street, Philadelphia, Pa. 47 6. Said Eiehard Roe left property of the following value : 48 a — Personal estate $ 15,000 49 6— Real estate 95,000 50 . Total $110,000 51 7. The best interests of said estate require that during the pendency of 52 said contest the court should appoint an administrator to collect. 53 Wherefore petitioner prays for the appointment of an administrator to ool- 54 leot. John Doe. 55 John Doe on his oath says that the foregoing petition by him subscribed is 56 true. John Doe. 57 Subscribed and sworn to before me this 10th day of Augusit, 1908. 58 Samuel Jones, Clerk. 59 2. Petition foe administration to collect during contest as to right of 60 administration. 61 The form of petition in such cas« may be the same as the foregoing form, ex- 62 oepting that paragraphs 4 and 5 thereof may read as follows : 63 4. Said Richard Roe died intestate. 64 5. A contest is pending and undetermined with respect to the right of ad- 65 ministration upon said estate. Sec. 1123. Form or certificate of administration to collect.] The form 2 of the certificate of administration granted to the person or persons so appointed 3 to collect and preserve the estate of the decedent as aforesaid may be substan- 4 tially as follows : 728 5 In the County Court of Gkundy County, Illinois. 6 In the Matter of the Es- ] 7i tate of Eichard Eoe, ^Administration. No. 200, 8 deceased. J 9 Ceetifioate of Administeation to Collect. 10 This is to certify that John Doe, of Grundy county, Illinois, was, on the 10th 11 day of February, 1908, duly appointed by the county court of said Grundy 12 county as administrator to collect and preserve the estate of Richard Roe, de- 13 ceased, late of said Grundy county, and is duly authorized to exercise all the pow- 14 ers of such administrator. 15 Witness Henry Thomas, clerk of our said county court and the seal 16 thereof at Morris, in said county, this 10th day of Feibruary, 1908. 17 , ; , Henky Thomas, Clerk. Sec. 1124. Bond op administrator to collect.] Before a certificate of ad- 2 ministration to collect shall be granted as aforesaid the person or persons sio ap- 3 pointed shall give bond with good and STifficient surety to be approved by the 4 court, which app'roval shall be evidenced by the endorsement of the same by the 5 judge thereon in substantially the following form, to-wit: 6 In the County Court of Grundy County, Illinois. 7 In the Matter of the Es- 1 8 tate of Richard Eoe, ^Administraition. No. 200. 9 deceased. J 10 Bond of Administrator to Collect. 11 Know all men by these presents. That we, John Doe, as principal, and Wil- 12 liam Doe and Henry Doe, as sureties, are held and firmly bound unto the People 13 of the State of Illinois in the penal sum of twenty tboaisand dollars ($20,000) foT 14 the payment of which well and truly to be made we and each of us bind ourselves, 15 our heirs, executors, administrators and assigns, jointly and severally, firmly by 16 these presents. 17 Witness our hand and seals this 10th day of February, 1908. 729 18 The oo'iidition of the aihove obligation is suoh that if the aibove bounden 19 John D-oe. shall faithfully perform all his duties as administrator to collect of the 20 estate of Edchard Roe, late of the County of Grrundy and State of Illinois, de- 21 ceaised, and shall faithfully account for all property wlhidh may, or by the exer- 22 cise of dlie diligence, might have, come into his possession, custody and oon- 23 trol as such administrator to coUedt and dispose of the same in the manner re- 24 quired by law, then this oibligation is to be void; otherwise the same is to be and 25 remain in full force and effect. John Dob. (Seal.) 26 WiLUAM Doe. (Seal.) 27 Heney Doe. (Seal.) 28 Approved by me this lOth day of Febi:uary, 1908. 29 i i , Jambs Beown, Judge. Sec. 1125. PowEES — commission.] Every collector so appointed sShall have 2 the power to collect the goods, chattels and debts of the said deceaised and to 3 secure the same at such reasonable and necessary expense as shall be allowed by 4 the court ; and the siaid court may authorize him, immediately after the inven- 5 tory- of such esitate, to sell such as are. perishable, or may depreciate by delay, 6 and to account for the same; and for the whole trouble inouirred by sufih ool- 7 lector the court may allow such commission on the amount of the said ikersonal 8 estate as shall be actually collected and delivered to the proper executor or ad- 9 ministrator, as aforesaid, as said court may deem just and reasonable :_ Provided, 10 the same shall not exceed six (6) per cent, on the amount stated in suefc inventory. Sec. 1126. Actions to coli>eot.] Every such collector may commence ac- 2 tions for debts due to the decedent, and release the same on payment thereof; 3 and no such action shall abate by the revocation of his certificate of administra- 4 tion, hut the same may be prosecuted to a final decision, in the name of and by 5 the executor or administrator to whom a certificate of administration may be 6 granted. "^"' 730 Sec. 1127. When powers cease — penalty.] On the granting of a certifi- 2 cate of adminis'trati'on, the poiwer of any snch collector, so appointed, shall cease, 3 and it shall be his duty to deliver, on demand, all property and money of the de- 4 ceased whieh shall have oome to his hands or possession (saving sixch commission 5 as may be allowed by the court, as aforesaid) to the person or persons obtaining 6 such certificate, and in case any such collector shall refuse or neglect to deliver 7 over such property or money to his successor, -wthen legal demand is made itfhere- 8 for, such person so neglecting or refusing shall be liable to pay twenty (20) per 9 cent, over and above the lamiount of all such property or money as comes to his 10 hands by virtue of his administration, and is not paid or delivered over as afore- 11 said, and shall forfeit all claim to any commission for collecting and preserving 12 the estate — which said twenty (20) per cent., together with all daanages which may 13 be sustained by reason of the breach of any bond which may at any time be given 14 by any suoh ooUeotor, may be sued for and recovered by the person or persons to 15 whom a certificate of administration may be granted, for the use of the estate 16 to such decedent. Sec. 1128. Who to be appointed administeatoe — death to be proved.] Ad- 2 ministration of the estate of all persons dying intestate shall be granted to some 3 one or more of the persons hereinafter mentioned and they are respectively en- 4 titled to preference thereto in the following order : 5 First — ^^To the surviving husband or wife or any competent person nominated 6 by him or her. 7 Second — ^To the children or any competent person nominated by them. 8 Third — ^To the father or any competent person nominated by him. 9 Fourth — ^To the mother or any competent person nominated by her. 10 Fifth — To the brothers or any competent person nominated by them. ' 11 Sixth — To the sisters or any competent person nominated by them. 12 Seventh — ^^To the grandchildren or any competent person nominated by them, 13 Eighth — To the next of kin or any competent person nominated by them. 731 14 * Ninth — To the public administrator or to any creditor who s'hall apply for 15 the same. ' , i' , - . , 16 Only isuch persons as are entitled to administer under this act shall have 17 the right to nominate. When several are claiming and are equally entitled to ad- 18 ministration the court may grant administration to one or more of them, prefer- 19 ring relatives of the whole to those of half blood. Preference and the right to 20 nomine ie under this act must be exercised within sixty days from the death of 21 the intestate, at the expiration of which time administration shall be granted to 22 'the public adminisltrator. In ali cases where the intestate is a non-resident, and 23 in all cases where there is no widow, husband or next of kin entitled to a distribu- 24 ^ tiv© share in the estate of such intestate, who at the time of the death of said dece- 25 dent is a bona fide resident of this State, administration shall be granted to the 26 public administrator. No administration shall in any case be granted until satis- 27 factory proof shall be made to the county court to whom application for that pur- 28 pose is made that the person on whose estate' administration is requested is dead 29 and died intestate: Provided, however, that wihen the heirs are residents of this 30 state and the estate is solvent and without minor heirs and it is desired by the 31 parties in interest to settle the estate without administration, this section shall 32 not apply. And further provided, that no nion-resident of this state shall be ap- 33 pointed or act as administrator or executor. Sec. 1129. When certificate may be granted to other than husband, etc.] 2 A certifloate of administration upon the goods and chattels, rights and credits of 3 a person dying intestate, ishall not be granted to any person not entitled to the 4 same, as husband, widow, next of kin, creditor or public administrator, within 5 iseventy-five days after the death of the intestate, without satisfactory evidence 6 that the persons having the preference have relinquished their prior right there- 7 to; and if, within said seventy-five days, a certificate of administration of the 8 estate of a resident intestate has been granted to the public administrator or 9 a creditor and it' shall afterwards appear that there is a widow or husband or 732 10 child of such intestate, who was, at the time of the death of such intestate, a 11 resident of this State, the certificate of administration granted to such public 12 administrator or creditor may be revoked, provided application is made by such 13 widow or husband or child within six months after the death of such intestate ; 14 and upon such revocation such administrator shall forthwith deliver to his suc- 15 cesser such estate subject to disbursements theretofore made and expenses in- 16 curred in .the administration of said estate. Sec. 1130. Affidavit op death, etc. — forms of petition.] Before a oertifi- 2 oate of administration shall hereafter ibe issued, the person applying for the 3 same, or some other credible person, shall file a petition with the proper derk, 4 setting forth, as near as may be, the date of the death of the. deceased, the prob- 5 able amount or value of the personal estate, and the names of the heirs and 6 widow, or surviving husband, if known. Such petition shall be verified by affi- 7 davit. The follo'wing forms of petition shall be deemed sufficient and shall be 8 taken as furnis'hing suggestions from which other petitions may be properly 9 framed: 10 1. Petition by widow fok administration. 11 In the Probate Court of Cook County. 12 In the matter of the es- "l 13 tate of Richard Eoe, j-Administration. No. 175. 14 deceased. J 15 Petition foe Administration. 16 The petitioner, Jane Roe, says : 17 1. Richard Roe died January 15, 1908, in Cook county, Illinois. 18 2. Said Richard Roe, aJt the time of his death, was a resident of said Cook 19 county. 20 3. The heirs aJt law of said Richard Roe, their relationship to him and their 21 postoffioe addresses, so far as the same are known to the petitioner, are as fol- 22 lows : 733 23 Jane Roe, iwidow, 1228 Michigan Ave., Chicago, Illinois. 24 Henry Boe, son, 215 Jefferson St., Indianapolis, Ind. 25 William Roe, grandson, 117 Adiams St., GolumbiiB, Ohio. 26 John Roe, grandson, postoffice address unknown. 27 4. Said Richard Roe died inltestate. 28 5. The petitioner is the widow of said Richard Roe, her place of residence is 29 in said Cook county, and she desires to be appointed administrator of his estate. 30 6. Said Richard Roe left property of the following value : 31 a— Personal estate $ 15,000 32 &— Real estate ^ 95,000 33 34 Total $110,000 35 Wherefore peltitioner prays to be appointed administrator. 36 ! Jane Roe. 37 Jane Roe on her oath says that the foregoing petition by her subscribed is 38 true. Jane Roe. 39 Subscribed and sworn to before me this lOtih day of February, 1908. 40 Samuel Jones, Clerk. 41 2. Petition* by public administratoe foe administeation. 42 In jhe Peobate Couet of Cook County, Illinois. 43 In the matter of the es- 1 44 tate of Richard Roe, ^Administration. No. 125. 45 deceased. ' 46 Petition foe Administeation. 47 The petitioner, Henry Brown, says : 48 1. Richard Roe died Jan. 15, 1908, in Cook oounty, Illinois. 49 2. Said Richard Roe, at the time of his death, was a resident of said Cook 50 county. ■ 51 3. The heirs at law of said Richard Roe, their relationship to him and their 52 postoffice addresses, so far as the same are known to the petitioner, are as fol- 53 lows: , _^ . ■ 734 54 Henry Eoe, son, 215 Jefferson St., Indianapolis, Indiana. 55 William Roe, grandson, 117 Adams St., Columbus, Oiiio. 56 4. Said Richard Roe died intestate. 57 5. The petitioner is the public administrator of Cook county. 58 6. Said Richard Roe left property of the following value : 59 a— Personal estate $10,000 60 fe— Real estate '. 5,000 61 62 Total $15,000 63 Wherefore petitioner prays to be appointed administrator. 64 Henry Bbown. 65 Henry Brown on his oath says that the foregoing petition by him subscribed 66 is true. Heney Bbowk. 67 Subscribed and sworn to before me this 10th day of February, 1908. 68 Samuel Jones, Clerk. Sec. 1131. Form of certificate of administration.] The certificate of 2 administration granted to the person or persons so appointed may be in sub- 3 stantially the following form : 4 In the County Court op Grundy County, Illinois. 5 In the matter of the es- "I 6 tate of Richard Roe, ^Administration. No. 200. 7 deceased. J 8 Certificate of Administration. 9 This is to certify that John Doe of Grundy county, Illinois, was, on the 10th 10 day of February, 1908, duly appointed by the county court of said Grundy county 11 as administrator of the estate of Richard Roe, deceased, late of said Grundy 12 county, and is duly authorized to exercise all the powers of soich administrator. 13 Witness Henry Thomas, clerk of our said county court and the seal thereof 14 at Morris, Illinois, this 10th day of February, 1908. 15 Henry Thomas, Clerk. 735 Sec. 1132. Forms op other certificates of administration.] Id all cases 2 where certificates of administration de bonis non, or certificates of administra- 3 tion of any public administrator are issued the same shall be in oonformity with 4 the foregioing form as nearly as may be, care being taken to make all necessary 5 variations, additions, or omissions to suit each particular case. Sec. 1133. Bond of administrator.] Before a certificate of administration 2 shall be granted as aforesaid the person or persons so appiointed shall givp bond 3 with good and sufBeient surety to be approved by the court, which approval 4 shall be evidenced by the endorsement of the same by the judge thereon, in sub- 5 stantially the following form, to-wit : i 6 In the County Court of Grundy County, Illinois. 7 In the matter of the es- i I 8 tate of Eidhard Roe, LAdministration. No. 200. 9 deceased. J 10 Bond of Administrator. 11 Know all men by these presents, That we, John Doe, as principal and 12 William Doe and Henry Doe, as sureties, are held and firmly bound unto the 13 People of the State of Illinois in the penal sum of 'twenty thousand dollars ($20,- 14 000) for the payment of which well and truly to be made we bind ourselves, our 15 heirs, executors, administrators and assigns, jointly and severally, firmly by 16 these presents. 17 Witness our hands and seals this 10th day of February, 1908. 18 The condition of the above obligation is such that if the above bouuden John 19 Doe shall faithfully perform all his duties as administrator of the estate of 20 Richard Roe, late of the County of Grrundy and State of Illinois, deceased, and 21 shall faithfully account for all property which may, or by the exercise of due 22 diligence might have, cofae into his possession, custody, and control as such ad- 23 miniisitrator and dispose of the same in the manner required by law, then this 736 24 dbligation is to be void; otherwise the same is to be and remain in full force and 25 effect. 26 John Dob. (Sieal.) 27 ' William Doe. (Seal.) 28 Henry Doe. (Seal.) 29 Approved by me this 10th day of February, 1908. 30 James Brown, Judge. Sec. 1134. Additional bond for sale of real estate.] When it becomes 2 necessary to sell the real estate of any intestate for the payment of debts 3 against his estate under the provisions of law the court shall require the ad- 4 mioistnator to give further and additional bond with good and sufficient surety 5 to be approved by the court iu a sum double the value' of the real estate of the 6 decedent sought to be .sold afnd payable to the People of the State of Illinois, 7 for the use of the parties interested, in the form above prescribed, and in all 8 cases where bomd shall be taken from any administrator de bonis non or in any 9 other case where a form shall not be prescribed in this act the isame shall be 10 made, as nearly as may be, in conformity with the form above prescribed with 11 corresponding variations to suit each particular case. Sec. 1135. Joint or several bonds.] When two or more persons are ap- 2 pointed executors or administrators of the same estate, the court may take a 3 separate bond, with sureties, from each, or a joint bond, with sureties, from all. Sec. 1136. Action on bond.] All bonds which may at any time be given 2 by any executor or administrator, either with or without the will annexed, or de 3 bonis non, to collect, or public administrator, may be put in suit and prosecuted 4 against §.11 or any one or mqre of the obligors named therein, in the name of the 5 People of the State of Illinois, for th« use of any person who may 'have been in- 6 jured by reason of the neglect or improper conduct of any such executor or ad- 7 ministrator, and such bonds shall not become void on the first recovery thereon, 737 8 'but may be sued upon, from time to time, until the whole penalty shall be re- 9 covered: Provided, that the person for whose use the same is prosecnited shall 10 be liable for all costs which may accrue in the prosecution of the same, in case 11 th« plaintiffs fail in their action; and certified copies of all such bonds, or of 12 the entries in the ponobate register and minute book pertaining thereto, under 13 the rseai of the cler.t cnr, 6 Richard Boe, deceased. \ Administration. No. 200. 7 New Administration Bond. 8' Know all men by these presents, Thait we, John Doe, as principal, and 9 John Smith and William Brown, as sureties, are held and firmly bound unto 10 the People of the State of Illinois in the penal, sum of twenty thousand dollars .11 ($20,000) for the payment of which, well and truly to be made, we bind our- 12 selves, onr heirs, executors, administrators and assigns, jointly and severally, 13 firmly by these presents. 14 Witness our hands and seals this 24th day of March, 1908. 15 The condition of the above obligation is such that whereas the above 16 bounden John Doe, executor of the last will and testament of Richard Roe, de- 17 ceased, (or administrator of the goods and chattels, rights and credits of 18 Richard Roe, deceased, as the case may be,) has heretofore executed a bond pay- 19 able to the People of the State of Illinois and for the faithful performance of 20 all his duties as such executor (or administrator, as the case may be,) as afore- 21 said, which siaid bond bears date on the 10th day of February, 1908, and 22 whereas by an order of the county court (or probate court, as the case may be), 23 made on the 17tih day of March, 1908, other bond and security has been required 24 of said executor (or administrator, as the case may be) ; 25 Now, therefore, if the said executor (or administrator, as the case may be) 26 shall well and truly have kept and performed, and shall well and truly keep and 740 27 perform, the oonditions of the bond first given as aforesaid in all respects ac- 28 cording to law, and shall in all respects have performed and shall continue to 29 perform the duties of his office as aforesaid, then this ohligation is to be void ; 30 otherwise the same is to be and remain in full foroe^ and effect. 31 John Dob, (Seal.) 32 William Smith. (Seal.) 33 William Brown. (Seal.) 34 Approved >by me this 24th day of March, 1908. 35 James Beown, Judge. 36 Which bond shall be signed, sealed, approved, attested, filed and recorded 37 in the same manmer as other executors' or administrators' toonds, and ©hall 38 have relation back to the time of granting the certificate of administration. Sec. 1142. Release of surety.] Whenever any ©urety on the bond of any 2 executor or administrator desires to be released from further liability upon any 3 such b'Ond, he may petition the court in whidh said bond is filed for that pur- 4 pose, and upon notice being given to the executor or administrator as the court * 5 may direct, the court shall compel such executor or administrator, within a 6 reasonable time, to be fixed by the court, to settle and adjust his accounts, and 7 pay over whatever balance may be found in his bands, and file in such court a 8 new bond, in such penalty and security as may be approved 'by the court — ^whioh 9 being done, the surety may be discharged from all liability on such bond. Sec. 1143. Failure op executor, etc., to comply or settle — ■succEssoiB.] If 2 sudh executor or administrator shall fail to comply with such order within the 3 time fixed by the court, the court shall order that such executor or administra- 4 tor be removed from his office, and shall appoint some other fit person as ad- 5 ministrator, with the will annexed, or de bonis non, who ishall give a bond as 6 required by law. And in case of the failure of the former executor or adminis- 7 trator to settle his accounts and to pay over to the person so (appointed all 741 8 moneys, effects or choses in action in his hands by reason of his said office, there entering upon the duties of his office, take, subscribe and file in the of- 3 fice of the clerk of the county court, or, in counties in which a probate court is 4 established, in the office of the -clerk of the probate court, the f ollowimg oath or 5 affirmation, to- wit: 6 I do solemnly swear (or affirm, as the case may be,) ithat I will support the 7 Constitution K)f the United States and the Oonsititution of the Staite of Illinois 8 and tha!t I will faithfully discharge the duties of -the offiioe of public admiaiistra- 9 tor of (here insert name of county) county according to the best lof my aibiliiy. Sec. 1154. Bond — additional .secxjeity— neglect — removal.] It shall be 2 the duty of the county court or probate court to require a public administrator, 3 'before entering upon the duties of his office, to enter into a bond payable to the 4 People of the State of Illinois in a sum not less than five thousand dollars ($5,- 5 000), with security to be approved by the court and conditioned that he will 6 faithfully discharge all of the duties of his office, and the court may, from time 7 to time as occasion ishall require, demand additional security of such adlminis- 8 trator and may require him to give the usual bond required of administrators in 9 other cases touching any particular estate in his charge; and in default of giving 10 such bond within sixty days after receiving his commission, or in default of giv- 11 ing additional security within sixty days 'after being duly ordered by said court 12 so to do, his office shall be deemed vacant, and, upon certificate of the county 13 judge or probate judge of such fact, the governor shall fill the vacancy as afore- 14 said. The expenses incurred by any public administrator for securing any such 15 bond or bonds, when the amojint of such expense is, in the opinion of the county 746 16 judge or the judge of the probate court, reasonable, shall be payaible out of ^e 17 county treaisury upon the certificate of such county judge or judge of the pro^bate 18 court, , Sec. 1155. Public administkatok may appoint assistants when — salaries 2 OF ASSISTANTS — BONDS, ETC.] Whenever, in the opinion of a majority of the 3 judges of the circuit court of any county, the business of any public administrator 4 is such as to justify it, such public administrator may appoint such number of 5 assistants and other employees, one or more of which assistants may be a oom- 6 petent attorney at law, as may be determined from tiime to time by a majority of 7 said judges, wihose salaries sihall be fixed, from time to time, by a majority of said 8 judges and ishall be subject to be increased or diminished from time to time in 9. their discretion. Each of such assistants and employees shall give bond to be ap- 10 proved by the judge of the county court or probate court, conditioned, as near 11 as may be, like the bond required by the pulblic administrator, and shall be sub- 12 ject to remioval at 'any time iby an order of a majority of the judges of such circuit 13 court. Whenever any one or more of the assistants of a puMic administrator 14 shall be a competent attorney at law, all business of such public administrator re- 15 quiring the iservices of an attorney at law shall be attended to by such assistant 16 or assistants : Provided, however, that in any case of unusual importance and 17 difficulty the county court or probate court may specially authorize the employ- 18 ment by the public administrator of an attomey at law who is not an assistant of 19 such public administrator; and provided, further, that, in every action brought 20 bj any public administrator to recover damages on account of any wrongful act, 21 neglect or default resulting in the death of the testate or intestate of such public 22 administrator, the next of kin, or a majority of such of them as may not be under 23 disability, shall have the right to select the attorney at law to be employed by such 24 pu!blic administrator to prosecute such action. 747 Sec. 1156. Suitable booms, stationeky, etc., fob public administeatoe.] Suit- •2 able roomns shall be provided for such public administrator by the judges of the 3 circuit court making the appointment and also all necessary books and station- 4 ery, the expenses thereof to be paid in the manner hereinafter provided. Sec. 1157. Compensation otheb than salaby fobbidden.J No public admin- 2 istrator, assistant or employee shall receive, directly or indirectly, any profit, 3 emolument, compensation or gratuity of any kind or character by virtue, or by 4 means, or by reasion of, his office or employment, other than his salary hereinbe- • 5 fore provided for. Sec. 1158. Expenses of public administeatoe — how paid.] All expenses in- 2 curred by such public administraitor in and about each estate, the same to be fixed 3 and allowed by the county court or probate court, shall be paid by him out of the 4 moneys or property which may come into his hands as administrator of siach 5 estate, and shall be a first lien upon all the property of such estate. Sec. 1159. Depositories fob moneys Of public administeatoe.] The county 2 court or probate court of eadh county shall, whenever practicaible, designate one 3 or more depositories foir the deposit and safe-keeping of the moneys which may 4 come into the handis of such public administrator by virtue of his appointment 5 and may, in its discretion, require any person or persons, corporation or corpo- 6 rations, appointed as such depository or depositories to give a bond or bonds 7 with good and sufficient sureties for the safe-keeping of the moneys deposited by 8 such public administrator, and it shall be the duty of the court, whenever prao- 9 ticable, to require every such depository to pay to such public administrator 10 upon the moneys deposited with such depositories, such rate of interest as may 11 be from time to time the prevailing rate of interest paid by bankers and banking 12 oorporatio'njs upon similar deposits and the interest so paid shall be accounted for 13 by such public administrator as a part of the earnings of his office. 748 Sec. 1160. Fees and allowances of public adminisieatob.J Bach public 2 administratior, in addition to reimbursement on aoco'unt of the expenditures made 3 or lialbilities incurred by him with respect to the property of each estate of which 4 he is appointed adminiistrator, which expenditures and liabilities lare to be deter- 5 mined by the court by which he is appointed, shall receive from the propenty of 6 each estate the following fees and allowances and no others : 7 First — Commission.] A commission upon the money and other personal 8 property, including the proceeds of the sale of real estate, which may come into 9 his hands, which shall be the same as the commission which may be allowed by the 10 court to other 'executors or administrators under isimilar circumstances. 11 /Secowc?— Allowance for wokk of assistants and employees except attoe- 12 net.] An allowaaice to be fixed by the cooirt upon the final settlement of the 13 estate snifficient to eompenjsate for the time actually devoted to the business of 14 the estate by the assistants and salaried employees of such public administrator, 15 not including assistants performing services of attorneys at law, of which an aecn- 16 rate account shall be kept by such public administrator, assistants and salaried 17 employees. 18 Third — Allowance to attorney assistants of public administrator.] An al- 19 lowance to be fixed by the court at the final settlement of the estate, or allow- 20 ances to be fixed, from time to time, during the continuance of the administration, 21 for services of the assistant 'or assistants of the public administrator who are at- 22 tomeys at law. 23 Fourth — Allowance to other attorneys.] Allowances to be fixed by the 24 court, from time to time, for the services of attorneys at law specially employed 25 as hereinbefore provided. Sec. 1161. How receipts of public administrator on account of fees and 2 allowances disposed of.] All receipts of every public adijiinistrator of fees and 3 allowances as aforesaid, excepting allowances to attorneys at law not assistants 749 4 of such public administrator, -shall, at the end of each three months, be paid into 5 the county treasury of the county in and for which such public administrator is ap- 6 pointed. Sec. 1162. Ceetipicate of public administkatoe eetoked in favor of person 2 ENTITLED TO PREFERENCE WHEN.] Whenever administration is granted to any 3 public administrator and it shall afterwards appear that there is another peisson 4 who was entitled to the preference of administration under this act, and such 5 preference shall be claimed within sixty (60) days frosm the deatth of the intes- 6 tate, it shall be the duty of the county court or probate court to revoke the cer- 7 tificate grantpd to such public administrator and to grant the same to the person 8 so entitled, s^viiag to such public administrator, in all eases, all such sums of 9 money, on account of oomimissiQns, allowances or expenses as are due tu, or in- 10 curred by him, in the management of the estate. Sec. 1163. Disposition of unclaimed estate.]. If any balance of any such 2 intestate estate as may, at any time, be committed to any public administrator, 3 shall remain in the hands of such administrator, after all just debts 'and charges 4 against such estate, which have come to the knowledge of such public administra- 5 tor within two years after the administration of such estate was committed to 6 him, are fully paid, such administrator shall cause the amount thereof, with the 7 name of the intestate and the time and place of his decease, to be published in 8 some newspaper published in bis county, or if no newspaper is published in his 9 county, then in the nearest newspaper published in this state, for eight weeks 10 successively, notifying all persons having claims or demands against such estate 11 to exhibit the same, together with the evidence in support thereof, before the 12 county court or probate court of the proper county, within six m,Qnths after the 13 date of such notice, or that the sanie will be forever barred ; and if no such claim 14 is presented for payment or distribution within the said time of six months, such 15 balance shall be paid into the treasury of said county ; and the county shall be an- 750 36 swerable for the same, without interest, to such persons as ishall thereafter ap- 17 pear to be legally entitled, on order of the county court or probate court, to the 18 same, if any such shall ever appear. Sec. 1164. When public administeatob to protect estate.] Upon the death 2 of any person iritestaite, not leaving a widow, or next of kin, or creditor, within 3 this state, the public administrator of the county wherein such person may have 4 died', or when the decedent is a non-resident, the public administrator of the 5 county wherein the goods and chattels, rights and credits of such decedent shall 6 be, may take such measures as he may deem proper to protect and secure the ef- 7 fects of such intestate from waste or embezzlement, until administration thereon 8 is granlted to the person entitled thereto- — the expenses whereof shaill be paid to 9 such public administrator, upon the allowance of the county court or probate 10 court, in preference to all other demands against isuch estate, funeral expenses 11 excepted. Sec. 1165. Inventory.] Whenevci' a certificate of administration is granted, 2 the executor or administrator shall make out a full, complete and perfect inven- 3 tory of all of the estate, both real and personal, of which the deceased person 4 died seized ot possessed, or in which he was in any manner interested, so far as 5 the same may come to the hands, possession or knowledge of such executor or ad- 6 ministrator. Such inventory shall contain the following particulars : 7 First — Real estate.] A proper description, sufficiently accurate for the pur- 8 pose of a conveyance, of each piece or parcel of real estate of which the deceased 9 person died seized or possessed, or in which he was in any manner interested at 10 the time of his death, together with the following iparticulars respecting the same : 1* a — Nature of interest.] The nature and extent of the interest of the de- 12 utiased therein. 13 b — Date of acquisition, etc.] The date when, and the person or pers.on8 14 from whom, and the nature of the instrument by which, the deceased acquired 751 15 his title, and if any snch instrument be recorded, the 'book, page and office in 16 which the same is so recorded. 17 c — Value.] The value of the interest of the deceased therein imincumbered. 18 d — Descbiption op incumbrances, etc.] A deisoripftion of every incumbrance 19 thereon specifying the nature thereof, how and when created and the amount 20 thereof, and all such particulars as maj'- be necessary to enable the court to ascer- 21 tain the value of such incumbrance. 22 Second — Peesonal, estate. ] A description of each item of personal property, 23 together with snch particulars in reference thei^to as will reasonably identify the 24 same and enable the court to lascertain the value tihereof . 25 Every such inventory shall be verified by the affidavit of the executor or ad- 26 ministrator. Sec. 1166. Supplementary inventory.] If, after the executor or adminis- 2 trator makes the first inventory, any real or perisonal estate of the deoeiased comes 3 to his possesision or knowledge, he shall file a similar additional invenltory thereof, 4 verified by a like affidavit. Sec. 1167. CrfuRT TO examine inventory.] Upon the filing of any inventory 2 the court shall examiae the same and hear the evidence in respect thereto, and, if 3 the same be found correct, shall affirm the same, or, if the same be found inoor- 4 rect, shall cause the same to be corrected. Sec. 1168: Inventories as evidence.] Inventories and authienticated copies 2 thereof, may be given in evidence in any action by or against the executor or ad- 3 ministra^tor, but shall not be conclusive for or against him, if any other testimony 4 be given that the estate was really worth, or was bona fide sold for more or less 5 th^n the inventory value thereof. But no inventory shall operate as notice of any 6 kind to any person as to the title to real estate therein mentioned. 752 Sec. 1169. Liabilities of executors, etc.] Executors and administrators 2 shiall be chargeable with so much of the estate of the decedent, personal or real, 3 as they, after due and proper diligence, might or isha'll receive. Sec. 1170. When assets do not exceed widow's allowance — new assets.] 2 If the adminiistrator or executor of an estate discovers, at any time after an in- 3 ventory of the property is made, that the personal property and assets of the 4 estate do not exceed the amount of the widofw's allowance, after deducting the 5 necessary expenses incurred, such adminisitrator or executor shall report the 6 facts to the court, and if the court finds the report to be true, he 'shall order said 7 property and assets to be delivered to the widow by the admiaaistrator or exec- 8 utor, and discharge the executor or administrator from further duty ; but such 9 executor or administrator shall first pay out of the property and assets the 10 costs and expenses of administration. After the court orders the deliveiy of such 11 property and assets to the widow, the clerk of said court shail make 'SJid deliver 12 to her a certified copy of the order, under seal, which shall vest her with com- 13 plete title to said property and assets, and enable her to sue for and recover the 14 saane in her own name and for her own use. Such widow shall not be liable for 15 'any of decedent's debts or liabilities, excepting the funeral expenses of the de-' 16 ceased. Upon petition being filed with the clerk of said court, that siich admin- 17 istrator or executor fails or refuses to report in any case provided for in this 18 section, the court may order a citation and attachment to issue as in other oases 19 of a failure of administrators to report. And on a discov-ery of new assets, ad- 20 ministration may be granted as in other cases, and obarged to the account of the 21 estate. Sec. 1171. Notice of adjustment of claims.] Every 'administrator or ex- 2 ecutor shall fix upon a time, within six months from the time of his being quali- 3 fied as such administrator or executor, for the adjustment of all claims against 4 such decedent and shall publish a notice thereof for • three successive weeks in 753 5 some public newspaper published in the county, or, if no newspaper is published 6 in the county,, then in the nearest newspaper in this state, and also by putting up 7 a written or printed notice on the door, of the court-house and in five other of the 8 most puiblic places in the county, notifying and requesting all persons having 9 claims against such estate 'to attend at said time for the purpose of having the 10 same adjusted (the first publication of said notice to be given at least six weeks 11 previous to said time), when and where such claimant shall produce his "claim in 12 writing; and if no objection is made to said claim by the executor, adnainistrator, . 13 widow, heirs or others interested in said estate, and the claimant, his agent or at- 14 tomey, swears that isuch claim is just and unpaid after allowing all just credits, 15 [the court .may aUow such, claim without further evidence, but, if objection is made 16 to such claim, the same shall not be allowed without lother sufficient evidence-: 17 Provided, however, that no claim against an estate arising ofut of a tort shall be 18 allowed without proof, in addition to the evidence of the claimant, of .the liability 19 of the estate therefor and of the amount of damages to which the claimant is en- 20 titled. Whoever has a claim against'an estate and fails to present the same for 21 adjustment at the time thus selected by the executor or administrator may, ai 22 any time within one year after the grant of administration, file the same with the 23 clerk of the court and serve a copy thereof upon the executor or administrator, 24 together with a notice of the filing of the same, and thereupon the same proceed- 25 ings may be had with respect to the allowance or disiallowanoe thereof as if the 26 same had been filed at the time fixed by the executor or administrator for the ad- 27 ju'stment of the siame. Sec. 1172. Form op claim.] The following shall be deemed a sufficient form 2 of claim and shall be taken as furnishing suggestions from which other forms of 3 claims may be properly framed : 754 4 In the Probate Couet of Cook County, Illinois. 5 In the matter of the es- 1 6 tate lof Richard Bob, ^Administration. No. 200. 7 deceased. J 8 Claim op John Doe. 9 The claimant's claim is for the amount due him as payee from Richard Roe, 10 deceased, as maker of a promissiory note of which and lof the endorsements there- 11 on the f odlowinig is a copy : (Here give copy of note and 'of the endorsements 12 thereon.) 13 The amount due the claimant is one thousand land sixty dollars ($1,060). 14 1 John Doe. 15 John Doe on his oath says that he is the claimant in the foregoing claim 16 and that the same is just and unpaid and that there is due thereion to him from 17 the estaite of Richard Roe, deceased, after allowing 'to said esitate all just credits 18 the sum of one thousand and sixty dollars ($1,060), 19 John Doe. 20 Subscribed and sworn to before me' this 10th day of February, 1908. 21 Henby Smith, Clerk. Sec. 1173. Forms op claims in actions at law sxjppicient.] The forms of 2 claims prescribed by this act for actions at law shall be deemed sufficient forms 3 of claims agiainst estates of deceased pensons, when verified by the affidavits of. the 4 claimants, their agents or attorneys, as hereinbefore provided, and preceded by 5 the specification of the courts in which the proceedings are pending and the titles, 6 classifications and numbers of the proceedings. Sec. 1174. Claims to be in quadruplicate.] Eveiy claimant, upon filing any 2 claim against the estate of a deceased person, shall alsio deliver, in addition to the 3 original, one copy thereof to the clerk, and shall also deliver one copy thereof to 4 the executor or administrator, and one copy thereof shall be retained by such 5 claimant. , 755 Sec. 1175. Teial by court unless juey demanded, etc.] Every such claim, 2 when objected to, shall be tried by the court without a jury, unless the claimant, 3 at the time he files his claim, or the executor or administrator, within five days 4 after notice of the filing of such claim, shall file with the clerk of the county court 5 or probate court, as the case may be, a demand in writing of a trial thereof by 6 jury, which demand, however, may be withdrawn by the party filing the same at 7 lany time before' trial, and shall, at the same time,, pay to the clerk the same costs 8 which such party would be required to pay were said claim prosecuted by action 9 at law in the circuit" court of such county and a demand in writing of a trial by jury 10 were filed by such party in such circuit court. Sec. 1176. Trial in circuit court when jury demanded.] Whenever a trial 2 by jury of any such claim shall be demanded by either party, the clerk of the 3 county court or probate court shall forthwith transmit isnch claim, with his cer- 4 tificate of the filing thereof and the demand of a trial by jury, to 'the clerk of the 5 circuit court who shall file the same and shall docket the same as an action in 6 said court in the name of the claimant land against the estate of the deceased per- 7 son, and the siame shall thereupon be tried and determined in said circuit court as 8 other actions in said court, and the final judgment therein shall be certified by the 9 clerk of the circuit court to the county court or probate oo'urt, as the case may be, 10 land the same effect shall be given thereto by said county court or probate court 11 as if the same had been entered therein : Provided, however, such county court 12 or probate court may, by rule, provide for the trial by jury of claims in said 13 county court or probate court, in which case such claims shall not be certified to 14 the circuit court, but shall be tried by jury and disposed of in such county court 15 or probate court. ; Sec. 1177. Oath OF claimant MAY be required.] The county court or pro- 2 bate court may, in its discreltion, in any case, before giving judgment against any 3 executor or administrator, require the claimant to make oath that such claim is 4 ju'st and unpaid : Provided, tbat the amount lof suoh judgment sball not in such 5 case be increased upon the testimony of the claim'ant Sec. 1178. Evidence.] A judgment regularly 'oibtained, or a copy thereof 2 duly slwiorn to or certified and filed with the court, shall be taken as duly proven ; 3 and all instruments in writing, signed by the testator or intestate, if the hand- « 4 writing is proven anid nothing is shown to the contrary, ishall be deemed duly 5 proved. Sec. 1179. Demand AGAINST CLAIMANT.] When a daim is filed, or action 2 brought, against an executor or administrator, and it appears on trial that such 3 claimant or plaintiff is indebted to such executor or administrator, the count may 4 give judgment therefor, and execution may issue thereon in favor of the executor 5 or administrator. Sec. 1180. Claims not dub. J Any creditor, wihose debt or claim against the 2 estate is not due, 'inay, nevertheless, present the same for allowance and settle- 3 ment, land shall, thereupon, be considered as a creditor under this act, and shall 4 receive a dividend of the said decedent 's estate, after deducting a rebate of inter- 5 est for what he ©ball receive on such debt, to be computed from the time of the 6 allowance thereof to the time such debt would have become due, according to the 7 tenor and effect of the contract. Sec. 1181. Demands classified — limitations.] All demands against the es- 2 tate of any testator or intestate shall be divided into classes in the manner fol- 3 lowing, to wit: 4 First — Funeral expenses and necessary costs of administration. 5 Second — ^The widow's awiard if there be a widow, or, the children's award, if 6 there are children and no widow. 7 Third — Expenses attending last illness, not including physician's bill, and de- 8 mands due common laborers or household servants of deoeaised for labor. 757 9 Fourth — Debts due the common school fund or township. 10 Fifth — The physician's bill in the last illness of the deceased. 11 Sixth — Money received by the deceased in trust for any purpose and not ac- 12 counted for. 13 Seventh — .AH other debts and demands of whatever kind, without regard to 14 quality or dignity, which shall be exhibited to the court within one year from the 15 granting of administration as aforesaid, saving, however, to infants, persons of 16 unsound mind, persons without the United States in the employment of the United 17 States or of this state, the term of one year after their respective disabilities are 18 removed to -exhibit their claims. The bringing of an action upon a claim in any ' 19 court of' competent jurisdiction shall be deemed an exhibition of the .same to the 20 court within the meaning of this section. Sec. 1182. Manner or payment. ] All claims against estates, when allowed 2 by the county court or probate court, shall be classed and paid by the executor 3 or administrator, in 'the manner provided in this act, commencing with the first 4 class; and when the estate is insufficienit to pay the whole of the demands, the de- 5 mands in any one class shall be paid, pro rata, whether the same are due by 6 judgment, writing obligaltory, or otherwise, except as otherwise provided. Sec. 1183. Demands or ex'ectjtob, etc.] When an executor or administrator 2 has a demand against his testator or intestate 's estate, he shall file his demand as 3 other persons ; and the court «hall appoint some discreet person to appear and 4 defend for the estate, and, upon the hearing, the court or jury shall allow such 5 demand, or such part thereof as is legally estahlished, or reject the siame, as shall 6 appear just. Should any executor oir administrator appeal or prosecute a writ 7 of error in such case, the court shall appoint some person to defend as aforesaid. Sec. 1184. Entries — classing — payment before allowance.] The county 2 OQurt or probate co\irt shall make an entry of all demands against estates, class- 758 3 ing the same as aibove provided, and file and preserve the papers belonging to 4 the same. If an executor or administrator pays a claim before the same is al- 5 lowed as aforesaid, said court shall require such executor or administrator to es- 6 tablish the validity of such claim by the like evidence as is required in other cases, 7 before the^ same is classed, and he credited therewith. Sec. 1185. When claims must be exhibited.] Every pers-on having a claim 2 against the estate of a deceased person and not under disability shall be bound 3 to exhibit the .same, in the manner provided by this act, within one year after the 4 granting of a certificate of administration, or in default thereof such claim shall 5 be forever barred : Provided, however, that this section shall not apply to any 6 claimant whose claim shall not have become due and payable more than ndnety 7 (90) days prior to the expiration of said one year, nor to any claimant who shall 8 not have acquired" actual notice of the death of the testator or intesitate more 9 than ninety (90) days prior to the expiratioij of said one year, nior to any claim 10 upon a reoogndaance or penal bond signed by the testator or intestalte either as 11 principal or surety. Sec. 1186. Enforcement of claim exhibited after lapse of one year but 2 before distribution, etc.] When any claim included within the proviso of the 3 preceding section 'shall be exhibited either by the filing of the same in the county 4 court or probate co'urit, as the case may be, and the service of notice upon the ex- 5 ecutor or administrator of such filing, or by the commencement of an action 6 thereon at law or in equity, 'and the service of the summons in such action upon 7 the executor or administrator, after the lapse of one year from the grant of ad- 8 ministration, but before the distribution of the personal estate or any portion 9 thereof, including the proceeds of real estate, to the heirs, or legatees of the intes- 10 tate or testator, and before the transfer, conveyance or ehcumbranice by any 11 heir or devisee of any portion of the real estate of the testator or intesitate, the 12 same, when allotwed or established shall be enforced in due course of administra- same 759 13 tion out of the property hereinafter declared subject to the payment of the 14 in the same manner as is provided in this act for the enforcement of other claims 15 of the seventh class. Sec. 1187. Enforcement of claim exhibited after lapse of one year and 2 AFTER DISTRIBUTION, ETC.] Any claim included within said proviso, when the same 3 shall not be exhibited in tihe manner and within the time provided foT in the pre- 4 ceding section, may be enforced by bill in equity filed in the county court or pro- 5 bate court, as the oaise may be, by the claimant as plaintiff against the heirs, 6 legatees and devisees of such deceased person, or such of them as may be liaJble, 7 in whole or in part, for the payment of such claim, and, if such bill be filed prior 8 to the final settlement of the estate and the discharge of the executor or adminis- 9 trator, also against Siuch executor or administrator as defendants, which bill shall 10 specify the court in w'hich the action is pending, -the names of the ptoties thereto 11 and the number and clasisificiatioii thereof, and shall set forth the nature and 12 amount of the plaintiff's claim and the facts relied upon by the plaintiff for the 3 3 enforcement of the same by such bill in equity. All proceedings under such bill 14 after the filing of the same, including "the issuance and service of summons and 15 publication of notice, the filing and disposition of exceptions, demurrers, pleas, 16 answers, amendments, supplemental bills, cross-bills and bills of intervention, and 17 also including references to masters in ohancery, shall be the same, as near as 18 may be, as is prescribed in this act for actions in equity. Sec. 1188. How payment of claim established by bill in iiquity enforced.] 2 When any such claim shall be established against the estate of any deceased per- 3 son by a bill in equity as aforesaid, payment of the same shall be enforced out of 4 the property which would have been applicable to the payment of the same had 5 the same been exhibited within one year after the grant of administration, after 6 deducting therefrom the amounlt necessary for the payment of the widow's or 7 children's award, all expenses of administration, all claims of other creditors, 76U 8 which may have been exhibited within one year after the granting of adminis- 9 tration, and othex claims of persons under disability as hereinbefore provided. 10 All heirs, devisees and legatees, of the deceased person who shall have received 11 their distributive shares of the estate, or their devises, or legacies, or any por- 12 tion thereof, may be compelled to pay their pro rata shares of the amount of such 13 claim out of such distributive shares, devises or legacies; but no heir, devisee or 14 legatee shall be oompelled out of his distributive share, devise or legacy to con- 15 tribute to the payment of the pro rata share of any heir, devisee ot legatee from IB wthom sndh pro rata share or way portion thereof may not be oollectible. Sec. 1189. What property subject to such claim.] No such claim shall be 2 enforced nor shall payment thereof be required excepting out of so much of the 3 eistate of the deceased pprison as may remain after the payment of the widow 's or 4 children's award, lall expenses of administration, ail claims of other creditors 5 w*hich may have been exhibited within one year after the granting of administra- 6 tion and all claims of persons under disability as hereirtbefore pro'vided. Sec. 1190. Purchaser from heir, devisee of legatee to take title free 2 FROM LIEN, ETC.] Any purchaser of real or personal property from an heir, de- 3 visee or legatee, when isuch purchase is made prior to the filing of the bill in 4 equity as hereinbefoTe provided for and the service of the summons or the first 5 publication of notice therein, shall take the same free from the claims of all cred- 6 iters who shall not have exhibited their claims within one year after the grant of 7 administration. Sec. 1191. Widow 's OR CHiLDRENS 's award.] The widow, residing in this 2 state, of a deceased husiband whose estate is administered in this state, whether 3 her husiband died testate or intestate, shall, in all cases, in exclusion of all debts, 4 claim®, charges, legacies and bequests, except funeral expenses, be allowed, as 5 her sole and exclusive property forever, esScept as herein otherwise provided, 6 the same to be known as the widow's award, the following, to- wit; 761 7 First — Family pictures, eto.J Tlie famdly pictures and the wearing ap- 8 parel, jewels and ornaments of herself and her minor children, 9 Second — Cash.] Such sum in cash as the court may deem reasonable for 10 the- proper support of the widow and minor children, if any, for the period of 11 one year after the death of the testator or intestate, in a manner suited to her 12 condition in life, taking into account the condition of the estate of the testator or 13 intestate. Such allowance shall in no case be less than five hundred d6llars 14 ($500) together with an additional two hundred dollars ($200) for each minor 15 child of the testator or intestate under the age of eighteen years at the time 16 of his death. The widow shall be entitled to receive the amount of such award 17 in cash or she may, at her election, accept payment thereof in whole or in part 18 in personal property of the testator at the inventory value thereof, and for 19 that purpose the court may make all necessary orders. The amount so allowed 20 for the support of the minor or minors shall be, by the executor or adminis- 21 trator, paid to the widow in quarterly payments due and payable at the end of 22 each quarter of the year for which the allowance is made. In case such widow 23 dies or abandons such minor child or children before the expiration of the year, 24 the amount allowed on account of said minor child or children and remaining 25 unpaid to the widow, shall become the property of such minor or minors. Sec. 1192. Eight to award not affected by renunciation, etc.] The right 2 of a widow to her a^tvard shall in no case be affected by her renouncing or failing 3 to renounce the 'beniefit of the provisions maide for her in the will of her huisband, 4 or otherwise. Sec. 1193. Allowance to children.] 'When the person dying is at the time 2 of his or her death, a housekeeper, the head of a family, and leaves no widow 3 or surviving husband, there shall be allowed to the children of the deceased, re- 4 siding with him or her at the time of his or her death (including all males un- 5 der eighteen years of age, and aU females), the same amount of property and 762 6 money as is allowed to the widow by this act, the same to be apportioned as the 7 court may direct. : . ' . Sec. 1194. Equalizing legacies, etc., on EENtJNciATioN.J In all cases where 2 a widow or surviving husband shall renounce all benefits undler the will, and the 3 legacies and bequests therein ooiutained, to other persons, shiall, in oon'sequence 4 thereof, become diminished or increased in amount, quaiitity or value, it ishall be 5 the duty of the court, upon settlement of sudh estate, to aibait© from or add to 6 such legacies land bequests in such manner as to equalize the loss sustained or ad- 7 vantiage derived thereby, in a corresponding ratio to the gievenal amounts of such 8 legacies and ibequiests, laooording to the amoixnt or intrinsic valine of each. Sec. 1195. Who LIABLE FOB WASTE.] If the widow commits waste in the lands 2 and tenements, or the personal estate of the deceased, she ©hall be liable to an 3 aicttion by the heir or devisee, or his or her guardi!an, if of real estate, or by the 4 executor or administrator, if of personal ©state; and if she nDaary a subsequent 5 husband, he shall be answeriaJble with her, in damages, for any waiste committed 6 by her or by himself, after such marriage. Sec. 1196. Concealed, etc., goods, etc. — disclostjbe, etc.] If any executor 2 or administratoir, or other person interested in any estate, shall state upon oath, 3 to any county court, or probate court, that he believes that any person has in his 4 possession, or has concealed or embezzled, 'any goods, chattels, moneys or effects, 5 books of account, papers or any eyidenoes of debt whatever, or titles to lands be- 6 longing to any deceased person ; or that he believes that any persion has any 7 knowledge or information of or concerning any indebtedness or evidences of in- 8 deibtedness, or pnoperty, titles or effects, belonging to any deceased person, which 9 knowledge or informiation is necessary to the recovery of the same, by action or 30 otherwise, by the executor or administrator, of which the executor or adminis- 11 trator is ignorant, and that such person refuses to give to the executor or admin- 12 istrator such knowledge or information, the court shall require such person to 763 13 appear before it by oitation, and may examine him cm oath, and hear the testi- 14 mony of suoh executor or administrator, and otber evidence offeired by either 15 party, and make such order in the premises as the case may require. Sec. 1197. RsFUSAii to answer, etc. — commitment.] If such person refuses 2 to ans'wer such proper interrogatories as may be propounded to him, or refuses 3 to deliver up such property or effects, or in case the siame has been converted, the 4 'proceeds or value thereof, upon a requisition being miade for that purpose by 5 'an order of the said ciourt, such uourt may commit such person to jail until he 6 shall comply with the order of the court tiierein. I i ^ Sec. 1198. Desperate claims.] Upon suggestion made by an executor 'of ad- 2 ministraitor to the county court, or probate court, thaJt any claim, debt or demand 3 whatever belonging to the estate in his hands to be administered, and accruing 4 in the lifetime of the decedent, is desperate on account of the insolvency or doubt- 5 ful siolvency of the person or persons owing the same, or on aocounit of the debtor 6 having availed himself of the bankrupt law of the United States, or on account of 7 some legal or equitable defense whic^h snch person or persions may allege against 8 the siaane, or bedause of the smallness of such claim, debt or demand, and the dif- 9 ficulty of finding the debtors, owing to the remoteness of their residence, or such 10 executor's or administrator's ignorance of the same, the ^said court may order 11 such claim, debt or demand to be oompounded or sold, or to be filed in the said 12 court, for the henefit of suidh of the heirs, devisees or creditors of such decedent 13 as will sue for and recover the isame, giving the creditors the preferenlce, if they 14 or amy of them apply for the siame before the final settlement of such estate : Pro- lb vided, that no order for the sale or compounding of any snch deibts, claims or de- 16 mands, or any of them, shall be made until two weeks' public notice shall have 17 been given, to all whom it may concern, of the time and place when the said order 18 will be aipplied for — ^whicih notice sihall be given by the administriator or executor, 19 in a newspaper publisihed in the county where such application is to be made, or 764 20 if no such newspaper is published in suoli county, then by posting up suoh notices 21 in not lesis than three public places in the county, of which one shlall be at the 22 office of the clerk of the county court 'or probate court — ^whioh notice shall be so 23 posted at least two weeks previous to the time of said application. The executor 24 or administrator shall report to the said county court, for its approval, the terms 25 upon wbidh he ha® settled or disposed of any suoh claim, debt or demand. Sec. 1199, Avails of desperate claims.] And if such claim is compounded 2 or sold, such executor or ladministrator shall be chargeable with the avails of 3 such oompounding, and if the same is taken 'by amy of the creditors, heirs pr de- 4 visees, he or they may maintain an action for the recovery thereof, in the name 5 of such executor or administrator, for the use hereiniafter mentioned ; and upon 6 recovering the same, or any part thereof, he or they shall be chargeable therewith, 7 after deducting his claim or distributive share, with reasionable com^pensation 8 for collecting the same; and upon such actions the executor or administrator 9 shall not be liable for costs. Sec. 1200. Court may order certain claims cojvipounded.J The county court 2 or probate court may order claims, debts and demands, due at so remote a period 3 as to prevent their collection within the time required for the fiiaal settlement of 4 estates, and the collection or disposition of which is necessary to the payment of 5 the debts against the estates, to be compounded or sold in the same manner and 6 upon like conditions as though suoh claims, debts or demands were desperate or 7 doubtful : Provided, that no such claim, debt or demaaid shall be siold or oom- 8 poimded f or less than ten per cent, below the value thereof. Sec. 1201. Removal of property by executor, etc. — penalty.] No executor 2 or administrator shall, without the order of the court, remove any property 3 wherewith he is charged, by virtue of his letters, beyond the limits of this state. 4 And in ease any suoh executor or administrator shall remove such property with- 5 out suoh order, the court shall, on notice, i'orthwith revoke his certificate of ad- 765 6 mmisitration and :aippomt a successor, and oause an adbion to be iastituted on liis 7 bond against Mm and his security, for the use of the person inteirested in the 8 estate ; and if it sh'all appear, upon the trial 'of siuich action, that the executor or 9 administrator hais so removed such property, judgment ishall be rendered against 10 the offender and his securities for the full value thereiof , and such other damages 11 as the pa.rties interested may have sustained by reason thereof. Sec. 1202. Court may order executor, etc., to deliver property, etc.] The 2 county court or probate court may, upon the application of any person, order 3 any executor or administrator to deliver property in his hands or under his 4 control as such executor or administrator to such person, upon proof to the 5 satisfaction of the court that such pe rson is entitled to the possession thereof, 6 and the court shall have power to adjudicate upon all controversies between 7 executors or administrators and other ipersons respecting any property or as- 8 sets in the hands of ^uch executors or administrators and heldhy them in their 9 respective representative capacities. Sec. 1203. Duty op surviving partner.] In case of the death of one partner, 2 the surviving partner or partners shall proceed to make a full, true and complete 3 inventory of the estate of the co-partnership within his knowdedge; and shall 4 also m'ake' a full, true and: complete list of ail the lialbilitieis thereof at the time of 5 the death of the deceased partner. » Sec. 1204. Return of inventory, etc.] He or they shall return, under oath, 2 such inventory and list of liabilities within sixty days after the 'death 3 of the co-partner, to the county court or probiate court of the ©ounty of 4 wbieh the deceased was a resident or carried on the partnership business at the 5 time 'of his death ; if the deceased shall have been a non-resident, then such re- 6 turn shall be m^ade to the county court or probate court granting administration 766 7 upon the effects of the deceased. Upon neglect or refusal to make such return, 8 he shall, after citation, be liable to attachment. Sec. 1205^. Rights of sueviving partner — ^account.] Such surviving part- 2 ner or partners shall have the right to oontinue in possesisaon of the effects of the 3 partnership, pay its debts out of the same, 'and settle its business, but shall pro- 4 ceed thereto without delay, and shall account with the executor or administnator, 5 and pay over isuch balances as may, from time to time, be payable to him in the 6 right of his testator or intestate. Upon the application of the executor or ad- 7 ministrator, the county court or probate court may, whenever it miay appear 8 necessary, order isuch surviving partner to render am acooumt to isaid county court 9 or proibate court, and in case of n&glect or refusal may, after citatiion, compel the 10 rendition of such account' by attachment. Sec. 1206. Waste — citation— seoubity — costs.] Upon the committal of 2 waste by the surviving partner or partners, the court may, upon proper applida- 3 tion, under oath, setting forth specifically thie facts and cdroumstanioes relied on, 4 protect the estate of the deceased partner, by citing forthwith the surviving part- 5 ner or partners to give security for the faithful settlement of the affairs of the 6 co-partnership, and for his accounting for and paying over to the executor or ad- 7 ministrator of the deceased whatever shall be found to be due, after paying part- 8 neriship debts and costs of settlement, within such ticne as ehall be fixed by the 9 court. The giving of such isecurity may be enforced by attaohmeht, or, upon re- 10 fusalto give such security, the court may appoint a receiver of the partnership 11 property and effects, with like powers arad duties of receivers in courts of equity ; 12 the costs of proceedings under this section to be paid by the executor or admin- 13 istrator, out of the estate of the deceased, or by the surviving partner, or partly 14 by each, as the court may order. Sec. 1207. Public sale— notice — private sale.] When it is necessary for the 2 proper administration of the estate, the executor or administrator shall, as soon 767 3 as convenieot, after makiaig the inventor, sell at public sale all the personal 4 property, good® and chattels of the decedent, when ordered to do so by the county 5 court or probate court (mot reserved to the widow, or included in specific 6 legacies and bequests, when the sale of such legacies and bequests is not neoes- 7 sary to pay debts), upon giving three weeks' notice of the time and place of 8 sudh sale, by at least four advertisements, set up in the most public places in the 9 county where the sale is to be made, or by inserting an advertisement in some 10 newspaper published in the county where the sale is to be made, at least four 11 weeks suocessively previous thereto. The sale may be upon a credit of not less 12 than six nor more than twelve months' time, by taking note with good security of 13 the purchasers at such sale. The sale may be for all cash, or part cash and part 14 on time: Provided, that any part or all of soich personal property may, where so 15 directed by the court, be sold at private sale. : Sec. 1208. Distribution in kind.] If any testator directs that his estate 2 shall not be sold, the isame shall be preserved in kind, and distributed according- •3 ly, unless such sale becomes absolutely necessiary for the payment of the debts 4 and charges against the estate of such testator, or if the sale of the personal 5 property is not necessary for the payment of debts or legacies, or the proper 6 distribution of the effects of the estate, the court may order that the property 7 be preserved and distributed in kind. Sec. 1209. Geowing crops.] If any executor or administrator is of opinion 2 that it would be of advantage to the estate of the decedent to dispose of the crop 3 growing, and not devised at the time of his decease, the same shall be inven- 4 toried and siold, in like manner as other personal property ; but the executor or 5 adminisitrator may, if he believes it would be of more advantage to the estate, cul- 6 tivate such crop to maturity, amd the proceeds of such crop, after deducting all 7 necessary expenses for cultivating, gathering and making sale of the same, shall 768 8 be assets iiQ his hands, and subject to the payment of debts and legacies, and to 9 distribution as aforesaid. Sec. 1210. Cleek — ceier. j In all public sales of such property the executor 2 or administrator may employ necessary derks, who shall receive such oompensa- 3 tion as the court may deem reasonable for their services, not exceeding five dol- 4 lars per day, and also a crier or auctioneer who shall receive such compensation 5 as the court may deem reajsonable, not exceeding ten dollars per day, to be paid 6 by such executor or administrator and charged to the estate. Sec. 1214. Bill op sales — eetuen.J All executors and administrators shall, 2 immediately after making such sales, make, or cause to be made, a bill of the 3 sales of said estate, under oath, describing particularly each article of property 4 sold, to whom isold, and at what price ; which sale bill, when thus made and certi- 5 fied by the clerk of such sale and the crier thereof, if any such was employed, as 6 true and correct, shall he returned into the oflSce of the clerk of the county court in 7 the like time as is required in cases of inventories. Sec 1212. Sale oe eeal estate pursuant to will — sueviving exeoutoe.] In 2 all cases where power is given in any will to sell and dispose of any real estate 3 or interest therein and the same is sold in the manner and by the persons ap- 4 pointed in such will the sale shall be good and valid; and where one or more ex- 5 eoutors shall fail or refuse to qualify or depart this life before such sales are 6 made, the survivor or survivors shall have the same power and their sales shall 7 be as good and valid as if they all joined in such sales. Sec. 1213. Sale op real estate to pay debts.] When the executor or admin- 2 istxator has made a just and true account of the personal estate and debts to 3 the county court or probate court and it is ascertained that the personal estate 4 of a decedent is insufficient to pay the just claims against hds estate, and there is 5 real estate to which such decedent had claim or title, such real estate, or such 769 6 :poirtioii thereof as may be necessary to satisfy the indebtedness of such decedent 7 a^id the expenses of administration may be sold in the manner hereinafter pro- 8 vijded. Sec. 1214. How proceeding commenced — bill — parties.] A proceeding for 2 the sale of real estate for the payment pf debts shall be commenced by the filing 3 of a bill, to be known as'a bill for the sale of real estaite, in the oonnty oonrt or 4 probate oourt of the county in which the certificate of administration has been 5 granted. The plaintiff in such bill shall be 'the executor or administrato'r and 6 the def endanits shall be the widow, heirs, and devisees of the testator or intestate, 7 the guardlian of any such as are minors, the conservators of such as have conver- 8 vators and all other persons holding liens against the real estate sought to be sold 9 or any part thereof, or having or claiming any interest itherein in possession or 10 otherwise. If there are persons interested in such real estate whose names are 11 not known they shall be made parties by the name of unknown owners thereof 12 or unknown heirs or devisees of any 'deceased person -vtho may have been inter- 13 ested therein. Sec. 1215. Eeqtjisites of bill — form.] The bill shall specify the court in 2 which the action is pending, the names of the parti-es thereto and the number and 3 dassificatd'On *hea?eof and shall contain an introduction stating that the plaintiff 4 bring® his action in equity for the sale of real estate to pay debts against the de- 5 fendants and theireafter a narrative of the material facts, matters and drcum- 6 stances on which the plaintiff relies, such narrative to be divided into paragraphs 7 numbered consecutively and each paragraph to contain, as nearly as may be, a 8 separate and distinct allegation, and to conform in other respects to the provi- 9 sions of this act pertaining to the framing of bills of complaint in equity. It shall 10 state the amount of claims allowed, with an estimate of the amount of just claims 11 to be presented, and it shall also contain, a statement of the amount of personal 12 estate which has come to the hands of the plaintiff as executor or administrator 13 and tibe mairmer in wMoh he lias disposed of the same, with, a statement of the M amount of claims paid, a partioular description of the real estate to be sold, 15 and the nature and extent of all liens upon said real estate and of all adverse 16 claims of every kind and character asserted thereto, so far as 'tihe saane may be 17 known to the plaintiff ; it shall be signed by the plaintiff as executor or adminis- 18 trator and verified by his affidavit. The foillowing shall be deemed a sufficient 19 form of bill and shall be taken as a suggestion from which other bills may be prop- 20 erly framed : 21 In the Pbobate Coubt of Cook County, Illinois. 22 John Doe, as Administrator of 23 Estate of William Doe, de- 24 ceased 25 V. 26 Henry Doe, Jane Doe, Richard 27 Boe and Thomas Jones. J . Sale of Real Estate to pay Debts. No. 75. 28 Bill fob Sale op Real Estate. 29 The plainitiff brings this his action in equity for the sale of real estate 30 against the defendants and says: 31 1. William Doe died January 15, 1907, in Cook county, Illinois, intestate 32 'and a resident of said Cook county. 33 2. On February 15, 1907, plaintiff was duly appointed' administrator of the 34 estate of said William Doe by the probate court of Co'Ok county and since then and 35 down to the present time has acted as such administrator. 36 3. Plainitiff has made a just and true account of the personal estate and 37 debts to Siaid probaite dourt from wihich it appears that the personal esta;te amounts 38 to $4,700 and the debts to $15,000. 39 4. Said William Doe at the time of his death was seized in fee simple of the 40 south-west quarter of section four (4), township thirteen (13) north of range five 41 (5) east'of the Third Principal Meridian in 'said Cook county. , 711 42 5. The heirs at law of said William Doe and their relationship to him are aS 43 follows : 44 Jane Doe, -widow. 45 Henry Doe, son. 46 John Doe, the plaintiff, son. 47 6. The defendants Eichard Roe and Thomas Jones claim some interest in 48 said real estate, but the plaintiff says that such interest, whateveT it may be, is 49 subject and inferior to the 'title of said William Doe. 50 Wlierefore plaintiff prays as follows : 51 First — For a decree for the sale of said real estate. 52 Second — For general relief. 53 John Dob, 54 As Administrator of the Estate of William Doe, deceased, 55 By Solomon Smith, 56 His Attorney. 57 John Doe on his oath says that the foregoing petition by Mm subscribed is 58 true. - John Doe. 59 Subscribed and sworn to before me this 10th day of February, 1908. 60 . Samuel Jones, Clerk. Sec. 1216. Subsequent peocbdube to be same as in equity.] All proceedings 2 under sucih bill ^after the filing of the same, including the issuance and service of 3 summons or publication of notice, the filing and disposition of exceptions, demur- 4 rers, pleas, answers, amendments, supplemental bills, cross-bills and bills of in- 5 tervention, the forms and effect of orders, decrees and reports of proceedings, and 6 also including references to masters in chancery, shall be the same, as near as 7 may be, as is prescribed in this act for actions in equity. The masters in chan- 6 eery of the circuit courts of the respective counties, and, in Cook county, the mas- 9 ters in chancery of the superior court of Cook county, shall be ex officio masters 772 10 in chancery of the county and probate courts of sucih counties, and shall per- 1 1 form the duties of such masters in all actions in said courts the proeedfuire in 12 which is required by this act to conform, as near as may be, to the procedure in 13 actions in equity. Sec. 1217. Power of court as to mortgages, liens, priorities, conflicting 2 titles, etc.] The court in any such proceeding may 'direct /the sale of such real 3 estate disencumbered of all mortgage, judgment or o'tiher money liens that are 4 due, and may provide f o^r the satisfaction of all 'such liens out of 'the proceeds of 5 the sale and may also settle and adjust all equities and all the questions of prior- 6 ity between all parties interested therein, and may also investigate and determine 7 all questions of conflicting and controverted titles arising between any of the 8 parties to such proceeding, and may remove clouds from the title to any real es- 9 tate sought to be sold and invest purchasers with a good and indefeasible title 10 to the premises sold. The court may, with the assent of any mortgagee of the 11 whole or lany part of such estate whose debt is not due, isell such real estate dis- 12 encumbered of such mortgage and provide for the payment of such mortgage 13 out 'of the proceeds of such sale ; and may also, with the assent of the person 14 entitled to an estate in dower, or by the courtesy, or for life, or for years or of 15 homestead, to the whole or part of the premises, who is a party to the action, 16 sell such estate wiith the rest ; but such assent shall be in writing and signed by 17 sneh person and filed in the court wherein the said proceedings are pending, 18 When any such estate is sold the value thereof shall be iascertained-and paid over 19 in gross or the proper proportion of the funds invested and the income paid over 20 to the party entitled thereto during the continuance of the estate. Sec. 1218. Hearing — decree op sale — overplus.] Upon the hearing of the 2 action upon the issues formed or taken, the court shall hear and examine the al- 3 legations and proofs of the parties and of all other persons interested in the es- 4 tate who may appear and become parties; and if, upon due examination, the 773 5 court shall find that the executor or administrator has made a just and true ac- 6 count of ithe (Condition of the estate and that the personal estate of the decedent is 7 not sufficient to pay the debts against such estate, the court shall ascertain, as 8 nearly a/s may he, the amount of the deficiency and how mucth of the real estate 9 described in the petition it is necessary to sell to pay such deficiency, with the ex- 10 penses of administration tJien due or to accrue, and mal^e a decree for the sale 11 thereof: Provided, however, that where any houses and lots or oither reai estate 12 are so situated that a part thereof cannot be isold without manifest prejudice to 13 the heirs, devisees or owners, the court may order the sale of the whole, or such 1 4 part ajs it may deem best, and the overplus arising from isudh sale shall be dds- 15 tributed among the heirs, devisees, owners or suoh other persons as may be en- 16 titled thereto. Sec. 1219. Sales to be made by executob ob administeatob — conveyances.] 2 All such sales of real estate shall be made and conveyances executed for the 3 same by the executor or administrator applying for such order and shall be valid 4 and effectual against the heirs and devi'sees of such decedent and lall other per- 5 sons claiming by, thnoijgh or under him or them. In case of the death of the ex- 6 ecutor or administrator applying for an order of siale before conveyance is made, 7 the administrator de bonis non shall proceed in the premises and make oonvey- 8 ance in the same manner as if he had originally applied for such order; which 9 conveyance 'Sihail be good and valid Sec. 1220. Notice — penalty — return — confirmation.] No lands or tene- 2 ments sihall be sold by virtue of any such order of the county coTirt or probate 3 court, unless such sale is at public vendue, and between the hours of ten o'clock 4 in the forenoon and five o'clock in the afternoon of the same day, nor unless 5 the time, place and terms of holding such sale shall have been previously pub- 6 lished for the space of four weeks, by putting up notices thereof in at least four 7 of the most public places in the county where such real estate shall be sold, and 774 8 also by causing la similar notice thereof to be published four successive weeks 9 prior to the sale, in some newspaper published in such county, or, if there be no 10 such newspaper, then in such O'ther newspaper in this state as the court shall di- ll rect, nor unless such real estate shall be described with common certainty in 12 such notices. And 'if any executor or administrator, so ordered to make sale of 13 any real estate, shall sell the same contrary to the provisions of this act, he shall 14 forfeit and pay the sum of five hundred dollars, to be recovered by am action of 15 debt, in the name of the People of the State of Illinois, for the use of any per- 16 son interested, who may prosecute the same : Provided, that no such offense shall 17 affect the validity of sucih isale : And provided further, that such executor or ad- 18 ministraitoT may sell the same on a credit of not lesis than six, nor more than 19 twelve months, by taking notes, with good personal security, and a mortgage, on 20 the premises sold, to secure the payment of the purchase money. It shall be the 21 duty of the executor lor administrator making sucih sale, on or before twenty days 22 thereafter, to file in the office of the clerk of said court a-oomplete report of said 23 sale, giving a description of the premises sold, to whom, where, and upon what 24 terms sold, in substantially the same form as is required by this act for la report 25 of sale made by a master in chancery in an action in equity, and th.e same pro- 26 ceedings may be had upon sucli report as in case of a report of sale by a master 27 in chancery. * Sec. 1221. Proceeds of sale.] When real estate is sold, the moneys arising 2 from such sale shall be received by the executor or administrator applying for the 3 order to sell, and shiaM be assets in his hands for the payment of debts, and shall 4 be applied in the same manner as assets arising from the sale of personal prop- 5 erty. Sec. 1222. Sale of land not fully paid for — completing purchase.] In all 2 cases where, a decedent is seized of a legal or equitable title to real estate, the 3 payment whereof has not been completed, and the estate of such decedent is un- 775 4 able to make complete payment therefor, with advantage to such estate, the ad- 5 ministrator or executor may sell or dispose of such real estate upon the order of 6 the county cour't or probate court and the money arising from such sale shall be 7 assets in the hands of such executor or administrator, as in other cases. But in 8 all cases where the estate of any such decedent shaJl be solvent, and such lands 9 as aforesaid may be paid for without prejudice to the creditors, heirs and devisees 10 of the estate, the executor or administrator shall oo'mplete the payment for the 11 same out of the proceeds of the personal property, in the name of the heirs or 12 legal representatives of the decedent entitled thereto ; and 'he shall be allowed a 13 credit for the 'amount of such payments, and all reasonable expenses incurred in 14 making the same, upon final settlement of such estate : Provided, that the pro- 15 visions of this section shall, in nowise, interfere with the provisions of' any last 16 will or testament. Sec. 1223. Settlements enforced — contempts — interest on assets.] The 2 county courts and probate courts of this state shall enforce the settlements of es- 3 tates within the time prescribed by law, and upon the failure of an executor or 4 admktistratoT to make settlement within thirty days after the expiration of said 5 time, the court shall order a citation to issue to siaid executor or administrator 6 requiring him to laippear at a time to be specified in such citation before the court 7 and make settlement of the estate, or show cause why the same is not done; 8 and if an executor or administrator fails to appear at the time required by such 9 citation, the court shall order an attachment requiring the sheriff of the county 10 where the executor or administrator resides, or may be found, to bring the body 11 of said executor or administrator before the court; and upon a failure of an ad- 12 ministrator or executor to make settlement under the order of the court after 13 having been so attached, he may be dealt with as for contempt, and shall be 14 forthwith removed by the court, and some discreet person appointed in his stead, 15 the costs of such citation or attachment to be paid by the delinquent executor or 776 16 administrator, and the court siball enter a judgment therefor, and a fee bill may 17 issue thereon. All moneys, bonds, notes and credits -whidi any administrator or 18 executor may have in his possesision or control as property or assets of the es- 19 tate, at a period of two years and six months from tihe date of his certificate of 20 administration, shall bear interest, and the executor or administrator shall be 21 charged interesit thereon from said period at the rate of ten per cent., or after 22 two years ^and six months from any subsecpient time that he may have discovered 23 and received the same, unless good cause is shown to the court why such inter- 24 est should not be taxed. Sec. 1224. Failitbe to pay over.] If any executor or administrator shall 2 fail or refuse to pay over any moneys or dividends to any person entitled there- 3 to, in pursuance of the order of the county court or probate court, lawfully made, 4 within iftiirty diays after demand made for such moneys or dividends, the court, 5 upon lapplication, may attach such delinquemt executor or admdnistratoir, and may 6 cause him to be imprisoned until he shall comply with the order laforesaid, or un- 7 til such delinqueiut is discharged by due course of law ; and moreover, such fail- 8 uxe or refusalon the part of such executor or administratoir sball be deemed and 9 taken in law to amount to a devastavit, and an action upon isuch executor's or 10 administrator's bond, and against his securities, may be forthwith instituted and 11 maintained ; and the failure aforesaid to pay such moneys or dividend, shall be a 12 sufficient breach to lanthorize a recovery thereon. Sec. 1225. Annual and final settlements — notice to heies.] All execu- 2 tors and administrators shall exhibit accounts of their administration for settle- 3 ment, to the county court or probate court from which the oertificaite of adminis- 4 tration was obtained, lat the first term thereof after the expiration of one year 5 after the date of their certificate and in like manner every twelve months tbere- 6 after, or sooner, if required, until the dtDties of their administration are fully 7 completed : Provided, that no final settlement 'shall be made and approved by the 777 8 court, unless tlie heirs of the decedent have been notified thereof, in suoh manner 9 as the court may direct. Sec. 1226. Distribution.] Upon every such settlement of the accounts of 2 an executor or administrator, tihe court shall ascertain the whole amount of mon- 3 eys and assets belonging to the estate of the deceased, which have come into 4 the liands of such executor or administrator, and the whole amount of debts es- 5 tablished against such estate ; and if there is not sufficient to pay the whole of th.e 6 debts, the moneys aforesaid shall be apportioned among 'the several creditors pro 7 rata, according to their several rights, as established by this act ; and thereupon 8 the court shall order such executor or administrator to pay'the claims which have 9 been allowed by the court, according to such apportionments. And the court, 10 upon every settlement, shall proceed in like manner until all the debts are paid, 11 or the assets exhausted. Sec. 1227. Payment of legacies.] Whenever it shall appear ^hat there are 2 sufficient assets to satisfy all demiands against the estate, the court shall order 3 the payment of all legacies mentioned -in the will of the testator, the specific lega- 4 cies being the first to be satisfied. Sec. 1228. Bond from legatees, etc.] Execuitors and administrators shall 2 not be ciompeiled to pay legatees or distrihutees until bond and security is given 3 by such legatees or distributees to refund the due proportion of any debt which 4 may afterwards appear against the estate, and the coats attending the recovery 5 thereof; snoh bond^shall be made payableto such executor or administrator, and 6 iSihall be for his indemnity and filed in the court. Sec. 1229. Befunding by legatees, etc.] When, at any time after the pay- 2 ment of legacies or distributive sihares, it shall be necessary that the same or any 3 part thereof be refunded for the payment of debts, the county court or probate 4 court, on applioajtion made, shall apportion the same among the several legatees 778 5 or distriibutees acoording to 'tihe amount received by them, except the specific lega- 6 cies, which shall not be required to be refunded, unless .tlhe residue is insufficient 7 to satisfy smih debts ; and if any distributee or legatee refuses to refund accord- 8 ing to the order of the coiurt, within sixty days thereafter, and upon demand 9 made, such a refusal shaiU be deemed a breach of his bond given to the executor 10 and administrator as aforesaid, and an action may be instituted thereon for the 11 use of the party entitled thereto; and in all cases where .there is no bond, an 12 action may be maintained against such distributee or legatee, and the order of the 13 court siball be evidence of the amount due. ; Sec. 1230. Actions between exeoutobs, etc.] Where there are two or more 2 executors or administrators of an estate, and any one of them takes all or a 3 greater part of sueih estate and refuses to pay the debts of the decedent, or re- 4 fuses to account with the other executor or administrator, in such case the ex- 5 ecutor or administrator soi aggrieved may have his action in equity against such 6 delinquent executor or administrator, and recover such proportionate share of 7 said estate as sihall 'belong to him ; and every executor, being a residuary legatee, 8 may have an action in equity against his co-exeouitor or eo-exeoutors an)d recover 9 his part of the estate in Ms or their hands. Any other legatee may have the like 10 remedy against the executors : Provided, that before any aotion shall be com- 11 menced for legacies as afoiresaid, the court shall order them to be paid. Sec. 1231. JtTBISDICTION OVEE ADMINISTRATION OF ESTATES TO INCLUDE ADMINIS- 2 TEATioN.op TESTAMENTARY TRUSTS, ETC. J The jurisdictiou of couuty courts and 3 probate courts over the administration of the estates of deceased persons shall 4 include jurisdiction to enforce and administer testamentary trusts and super- 5 vise the accounts of trustees and to direct and control them in the exercise of 6 their powers and the performance of their duties as such trustees, andj also 7 to order the sale of real estate of the testator for the payment of legacies or 8 other charges and in all cases where the court shall find it necessary or expedi- 779 9 ent, for the complete execution of the will of the testator and the equitable 10 distribution of his estate in accordance therewith, that such real estate or part 11 thereof be sold. The jurisdiction provided for in this section shall be co-ex- 12 tensive with that heretofore exercised by courts of equity in similar cases, the 13 same, however, not to be exclusive of, but merely concurrent with, that exer- 14 cised by the courts of this State having equity jurisdiction. The methods of 15 procedure in such cases in county courts and probate courts shall be the same 16 as that in courts exercising equity jurisdiction. Sec. 1232. JuBisDicTioN of acttons foe consteuction of wills.] All courts 2' having equity jurisdiction, and also county courts and probate courts, shall have 3 power to entertain and determine actions in equity for the construction of any 4 last will and testament, and to declare the right of all persons interested therein 5 whenever controversies have arisen or are likely to arise respecting the con- 6 struction thereof which render it expedient or advantageous to any person in- 7 terested therein that the construction ' and effect of such last will and testainent 8 should be settled and determined. The procedure in such cases shall be the same 9 as in other actions in equity. i Sec. 1233. When and how mortgage ob lease op eeal estate by' executors 2 MADE.] Eeal estate may be mortgaged in fee or for a term of years, or leased by 3 executors : Provided, that the term of such leaise, or the time of maturity of .the 4 indebtedness secured by such moritgage, shall not be extended beyond the time 5 when the heir entitled to such estate shalU attain the age of twenty-one years, if 6 a male, or eigihteen years, if a female: And, provided, also, that before any mort- 7 gage or lease shall be made, the executors shall petition the county court or pro 8 bate 'court for an order authorizing such mortgage or lease to be made, and 9 which the court may grant, if the interests of the estate may require it. Pro- 10 vided, further, that the executor making application as aforesaid, upon obtain- 11 ing such order, shall enter into bond, with good security, faithfully to apply the 780 , " 12 moneys to be raised upon such mortgage or lease, to the payment of the debts 13 of the testator ; and all money so raised shall be assets in the hands of such ex- 14> ecutorfor the payment of debts, and shall be subject to the order of the court 15> in the same manner as other assets. Sec. 1234. Foreclosures.] Foreclosures of such mortgages shall onjy be 2 made by an action in equity in the county court or probate court of the county in 3 which the premises, or a major part thereof, are situated; arid any sale made by 4 virtue of any order or decree of foreclosure, may, at any time before confirma- 5' tion, be set aside by the court for inadequacy of price or other good cause, and 6 shall not be binding upon the executor until confirmed by the court. The p'ro- 7 cedure in.' such action shall be the same, as near as may be, as is provided by this 8 act for other actions in equity, excepting as may be in this act expressly other- 9 wise provid'ed. Sec. 1235. No strict foreclosure. No decree of strict f orecilosure 'Shall be 2 made upon any sucfh mortgage, but redemption shall be allowed as is provided by 3 law in cases of sales under executions issued upon judgments in actions at law. Sec. 1236. What actions survive.]. In addition to the actions which sur- 2 vive by the common law, the following shall also survive: Aations of replevin, 3 actions to reoover damages for an injury to the person, actions to recover dam- 4 ages for an injury to real or personal property, or for the detention or oonver- 5 sion of personal property, and actions against officers for misfeasance, malfea- 6 sance or nonfeasance of themselves or their deputies, all actions for fraud or 7 deceit, all actions in equity and all other actions provided for by this act, other 8 than criminal and quasi criminal actions. See. 1237. When executor, etc, appeals, etO.— bond.] In all cases when 2 an executor or administrator shall take an appeal from the judgment, decree or 3 or^er cf any court or justice of the peace to the county, circuit, appellate or su- 781 4 preme court, or wlien he may prosecute wiits of error or certiorari, the appeal, 5 certiorari, supersefdeas or other bond, if any, shall be conditaoncd to perform the 6 judgment or decree, and pay the costs and damages, in du*e course of adminis- 7 tration ; in all other respects such bonds shall be in the form prescribed by law 8 in other oases. Sec. 1238. Mistake, etc.] No executor or admiin.i'strator, or his security, 2 shall be chargeable 'beyond the assets of the .tesitator or intestate, by reason of any 3 omissdon or mistake in pleading, or by false pleading of such executor .or admin- 4 istrator. Sec. 1239. Contracts of decedent.] All contracts made by the decedent may 2 be performed by the executor or administrator when 'SO directed by the county 3 court or probate court. Sec. 1240. Books of account. J The books of aceount of -any deceased per- 2 son shall be^ subject to the inspection of all persons interested therein, and the 3 county court or probate court may make all proper or necessary orders in refer- 4 ence to such inspection. Sec. 1241. Insolvent estate.] If, after the expiration of two years from 2 the tame administration is granted on an estate, such estate is found «to er centum on the amount of personal estate, and not exceeding three per centum 4 on the money arising from the sale of real estate, with such additional allow- 5 ances for costs and charges in collecting and defending the claims of the estate 6 and disposing of the same, as shall be reasonable. Sec. 1246. Act construed.] All tine provisions in this act relative to an ex- 2 ecutor or administrator shall apply and extend to an executrix or administra- 3 trix, or executors or administrators, and vice versa, unless otherwise expressly 4 provided for; and whenever the singular number or the masculine gender is 5 mentioned, the provisions shall apply to two or more, and to the feminine gender, 783 6 as tbe case may require ; and this act shiall be liberally construed so tbat its true 7 intent and meaning may be fully carried out. Sec. 1247. Unclaimed money to be deposited.] "When any adminisitrator or 2 executor shall have made final settlement with the county court or probate court, it 3 shall be the duty of the court to order said administrator or executor to deposit 4 with the county treasurer such moneys as he may have belonging to any non-resi- 5 dent or unknown heir or claimant, taking his receipt therefor and have the same 6 filed at the office of tbe clerk of the county court or probate court where such set- 7 tlement has been made. , Sec. 1249. How obtained after deposited.] When money shall be deposited 2 as aforesaid, the person or persons entitled to the same may at any time apply to 3 tihe court making said order and obtain the same upon making satisfactory proof 4 to the court of his, her or their right thereto. Sec. 1249. Testamentary trustee — compensation of.] Where a trustee or 2 trustees shall hereafter act under any power or appointment given or creiated by 3 any will, testament or codicil, and in sucih will, testament or codicil, except iu case 4 of trusts for charitable, religious or educational purposes, sbiall be contained no 5 provision respecting the compensation to be allowed or paid such trustee or 6 trustees, a reasonable compensation may be charged and allowed, demanded and 7 collected therefor. Sec. 1250, Payment of taxes by executor or administrator.] When it shall 2 appear to the county or probate court thajt it is for the interest of any estate being 3 administered upon that tihe taxes on the real estate of such estate should be paid 4 ont of any moneys on hand, the court may enter an order authorizing the exec- 5 utor or administrator of such estate to pay such taxes. Sec. 1251. Blank forms to be prepared.] It shall be the duty of the Attor- 2 ney General, immediately upon the taking effect of this act, to prepare, or cause 3 to be prepared, suitable formg, in addition to those prescribed by this act, of 4 papers to be iiseid in administration prooeedingis, gnardianship proceedings and 5 conservatorship proceedings, w'Mch shall be nniform, ais near as may be, through- 6 out the State, and submit the same to the judges of the supreme court for tiheir 7 approval, and the forms so prepiared and approved shall be adopted and used by 8 all courts of this Stalte exercising jurisdiction in such proceedings. DIVISION LIII. APPOINTMENT OP GUARDIANS AND SETTLEMENT OF THEIR ACCOUNTS. Section 1252. When persons of full age. Appointment — j urisdiction. Nomination. Custody, etc.— estate. Testamentary guardian. Estate — custody. 1253 1254 1255 1256, 1257 1258, 1259 1260, 1261 1262 1263 1264. 1265 1266, Powers and duties of testamentary guardian. Testamentary guardian — appointment ■ — bond. Application for appointment of guard- ian — hearing — forms of petition. Bond — action on bond — forms. Certificate of guardianship. Inventory. Settlements. Final settlements. Accounting on final settlement. Section 1267. Powers of guardian. 1268. Appearance for ward in action. 1269. Management of estate. 1270. Education of ward. 1271. Ward put out and educated. 1272. Investment of ward's money. 1273. Leasing real estate. 1274. Mortgaging real estate. 1275. Petition to mortgage. 1276. Foreclosures. 1277. No strict foreclosure. 1278. Proceedings to sell real estate — peti- tion. 1279. Notice. 1280. Practice. 1281. Sale. 1282. Return — sale approved — title. 785 Section 1283. Proceeds — account for — reinvestment. 1284. Sufficiency of sureties — court to in- quire into. 1285. Counter security. 1286. Removal of guardian. 1287. Summons to show cause — notice. 1288. Resignation. 1289. Successor — delivery of property, etc., to. 1290. Marriage of female ward. 1 29 1 . Compensation. 1292. Non-resident guardian — ^power to col- lect. 1293. Transfer of estate to non-resident guardian. Section 1294. Conditions. 1295. Sale of real estate by non-resident guardian. 1296. Notice — terms of sale. 1297. Deeds — title. 1298. Bond for costs. 1299. Final settlement — unclaimed moneys in hands of guardians — deposit of. 1300. How money so deposited obtained. 1 301. Public county guardian. 1302. To take an oath — form of. 1303. When guardian fails to qualify. 1304. Public guardian — when appointed by the court. 1305. Bond of public guardian. Sec. 1252. When persons op tull age.] Males of the age of twenty-one, 2 and females of the age of eighteen years shall be considered of full age for all pnr- 3 poses ; and until these ages are attained they shall be considered minors. Sec. 1253. Appointment — jurisdiction.] The county courts or probaite 2 courts in their respective counties may, when it shall appear necessary or oonve- 3 nient, appoint guardians to minors, inhabiftants of or residents in the same 4 county, and to such as reside out of this-state, and have an estate within the same, 5 in the eoun-ty where the real estate or some part thereof may lie ; or, if they 6 have no real estate, then in any county where they may have personal property. Sec. 1254. Nomination.] If a minor is under the age of fourteen years, 2 the county court or probate court may nominate and appoint his guardian. If he 3 is above that age he may nominate his own guardian, who, if approved by the 4 court, shall be appointed accordingly; if not approved by the court, or^ if the 5 minor resides out of the state, or if, after being cited, he neglects to nominate a 6 suitable person, the court may nominate and appoimt his guardian in the same 7 manner as if be was under the age of fourteen years : Provided, that in all cases 8 when a guardian has been appointed by the court while the minor was under the 786 9 age of fourteen years, such minor, on attaining the age of fourteen years, may, 10 at his election, nominate his own guardian, who shall be appointed by the court, 11 if deemed a suitable person, and the new guardian so appointed! shall supersede 12 "the former one, whose functions shall thenceforth cease and determine ; and it 13 shall be the duty of the former guardian to deliver up to his successor all the 14 goods, chattels, moneys, title papers and otther effects belonging to such minor in 15 like manner and subject to the same penalties as are provided in this act, upon 16 the removal, death or resignation of a guardian. Sec. 1255. Custody, etc. — estate.] The guardian of a minor shall have, 2 under the direction of the court, the custody, nurture and tui'tion of his ward, 3 and the care and management of his estate ; but (the parents of the minor, if liv- 4 ing, and in case of the death of either of the parents, the surviving parent, they 5 being respectively competent to transact their own business, and fit persons, shall 6 be entitled to the custody of the person of the minor and the direction of his edu- 7 cation. The parents of a minor shall have equal powers, rights and duties con- 8 coming the minor. In case the father and mother live apart, the court may, for 9 good reason, award the custody and education of ithe minor to either parent or 10 to some other person. Whenever any person or persons makes a settlement 11 upon or provision for the support or education of any minor child, it shall be 12 competent for the court, in case either the faither or the mother of such child be 13 dead, to make such order in relation to the visitation of such minor child by the 14 person or persons so making such settlement or provision as shall to the court 15 seem meet and proper. ' Sec. 1256. Testamentary gtjaedian.] The father, being of sound mind and 2 memory, of a child likely to be bom, or of any living child, being a minor and 3 unmarried, may, by his last will, dispose of the custody and tuition of such 4 child, to continue during its minority, or for a less time : Provided, no such will 5 shall take effect to deprive the mother during her life, of the custody and tuition 787 6 of the child, without her consent, if she be a fit and competent person to have 7 such custody and tuition. The mother, being of sound mind and memory, and 8 being sole, or surviving the father of her child, may, in like manner, dispose of 9 the custody and tuition of such child. Sec. 1257. EsTATE^cusTODY.J The guardianship of the infant's estate may 2 be appointed to one, and the custody and tuition of the ininor to another. Sec. 1258. Powers and duties op testamentary guardian.] A testamentary 2 guardian shall have the same powers and perform the same duties, within the 3 scope of his appointment, as a guardian appointed by the county court, or probate 4 ooiirt. Sec. 1259. Testamentary guardian — appointment — bond.] A testamentary 2 guardian, except for the custody and tuition of the minor, shall, before he can 3 act, be appointed by the county court or probate court of the proper county and 4 give the bond prescribed in this act — except, that when the testator has requested 5 in his will that a bond be not required, it shall not be required unless, from a 6 change in the situation or circumstances of the guardian, or for other sufficient 7 cause, the court shall deem it necessary to require it. Sec. 1260. Application for appointment or guardian — hearing — forms of 2 petition.] Application for the appointment of a guardian may be made by peti- 3 tion to the county court or probate court by any person related to, or otherwise 4 interested in, the minor. Upon the petition being filed, unless the proper persons 5 are before it, the court shall assign a day for the hearing thereof and shall di- 6 rect such notice of the hearing to be given to the relatives of the minor residing 7 in the county as the court, on due inquiry, may deem reasonable. The foUow- 8 ing forms of petition shall be deemed sufficient and shall be taken as furnishing 9 suggestions from which other petitions may be properly framed ; 10 1. Petition for guardianship of minors over fourteen years. 11 In the PboBATE Court of Cook County, IiiUNOis. 12 In the matter of John Doe ] !-GhiardiansMp. No. 200. 13 and Mary Doe. J 14 Petition for Appointment of G-uardian. 15 The petitioners, John Doe and Mary Doe, say: 16 1. They are the children of William Doe, deceased. 17 2, They are now living in said comity of Cook wiith their mother, Jane Doe, 18 and they have no guardian. 19 3. The names and residences of their relatives are as follows : 20 Samuel Doe, a brother, 6315 Lexington Avenue, Chicago, Illinois. 21 Jane Doe, mother, 4450 Lake Avemie, Chicago, Illinois. 22 4. The ages of the petitioners are as follows : 23 John Doe, seventeen years on the 17th day of February, 1908. 24 Mary Doe, fifteen years on the 16th day of March, 1908. 25 5. The value of the personal esliate of your petitioners does not exceed 26 twenty thousand dollars ($20,000) and the same consists of their distributive 27 shares of the estate of said William Doe, deceased. 28 6. The value of the real estate of your petitioners does not exceed twenty- 29 five thousand dollars ($25,000) and the gross annual income thereof does 30 not exceed twelve hundred dollars ($1,200) and the same consists of the south- * 31 west quarter of the southeast quarter of section six (6), in township twenty-four 32 (24) north of range fourteen (14) east of the 3rd P. M. in Cook county, Illinois. 33 7. The value of the improvements and timber on the real estate of your peti- 34 tioners does not exceed five thousand dollars ($5,000). 35 8. Your petitioners hereby select Jane Doe as their guardian and say that 36 said Jane Doe is a suitable person to be appointed as such guardian and has sig- 37 nified her willingness to act if appointed. 789 38 Wherefore petitioners pray that said Jane Doe may he appointed guardian 39 of the persons and estates of your petitioners. *" John Doe. ^^ Maey Dob. 42 John Doe and Mary Doe on their oaths say that the foregoing petition by 43 them subscribed is true to the best of -tljedr knowledge, information and belief. ** John Doe. 45 Maby Doe. 46 Subscribed and sworn to before me this 10th day of August, 1908. 47 S'AMTJEL Jones, Clerk. 48 2. Petition foe guardianship op minoes tjndee fouetebn yeaes. 49 In the PRobAte Couet of Cook County, Illinois. 50 In the matter of John Doe 1 •• ^Guardianship. No. 300. 51 and Mary Doe. J 52 Petition for Appointment of Gtuardian. 53 The petitioner, Jane Doe, says : 54 1. John Doe and Mary Doe are children of William Doe, deceased. 55 2. They are now living in said county of Cook with the petitioner, their 56 mother, and they have no guardian. 57 3. The names and residences of their relatives are as follows : 58 Samuel Doe, a brother, 6315 Lexington Avenue, Chicago, Illinois. 59 Jane Doe, the petitioner, mother, 4450 Lake Avenue, Chicago, Illinois. 60 4. The ages of said children are as follows: 61 John Doe, .eight years on the 17th day of February, 1908. 62 Mary Doe, twelve years on the 16th day of March, 1908. 63 5. The value of the personal estate of said children does not exceed twenty 64 thousand dollars ($20,000) and the same consists of their distributive shares of 65 the estate of said William Doe, deceased. 790 66 6. The value of the real estate of said children does not exceed twenty-five 67 thousand dollars ($25,0(X)) and the gross annual income thereof does not exceed 68 twelve hundred dollars ($1,200) and the same consists of the southwest quarter 69 of the southeast quarter of section six (,6), in township twenty-four (24) north 70 of range fourteen (14) east of the Third P. M. in Cook county, Illinois. 71 7. The value of the improvements and timber on the real estate of said chil- 72 dren does not exceed five thousand dollars ($5,000). 73 8. Petitioner wishes to be appointed guardian of the estate of said children 74 until they respectively arrive at the age of fourteen years and imtil another guar- 75 dian shall be appointed. i 76 Wherefore petitioner prays that she may be appointed as such guardian. 77 Jane Doe. 78 Jane Doe on her oath says that the foregoing petition by her subscribed is 79 true to the best of her knowledge, information and belief. 80 Jane Doe. 81 Subscribed and sworn to before me this 10th day of August, 1908. 82 Samuel Jones, Clerk. 83 3. petition foe appointment of testamentary guardian. 84 In the Peobate Couet of Cook County, IujInois. 85 In the matter of John Doe 1 rGruardianship. No. 500. _ 86 and Mary Doe. J 87 Petition fob Appointment as Testamentary Guardian. 88 The petitioner, Kiehard Eoe, says: 89 1. John Doe and Mary Doe are children of William Doe, deceased. 90 2. They are now living in said county of Cook with their mother, Jane 91 Doe, and they have no guardian. 92 3. The names and residences of their relatives are as follows : 93 Samuel Doe, a brother, 6315 Lrexington Avenue, Chicago, Illinois. 94 Jane Doe, their mother, 4415 Lake Avenue, Chicago, Illinois. 791 95 4. The ages of said children are as follows : 96 John Doe, eight years on the 17th day of February, 1908. 97 Mary Doe, twelve years on the 16th day of March, 1908. 98 5. The value of the personal estate of said children does not exceed twenty 99 thousand dollars ($20,000) and the same consists of their distributive shares of 100 the estate of said William Doe, deceased. 101 6. The value of the real estate of said children does not exceed twenty-five 102 thousand dollars ($25,000) and the same consists of the sonthwest quarter of 103 the southeast quarter of section six (6) in township twenty-four (24) north of 104 range fourteen (14) east of the Third P. M. in Cook county, Illinois. 105 7. The value of the improvements and timber on the real estate of said chil- 106 dren does not exceed five thousand dollars ($5,000). 107 8. Said William Doe, deceased, died testate and his will was probated in the 108 Probate Court of Cook county, July 1, 1908, and in his will he appointed the pe- 109 titioner guardian of said children. HO 9. The petitioner resides at 6375 Woodlawn Avenue, Chicago, Illinois. 111 Wherefore petitioner prays that he may be appointed as such guardian. 112 BiGHAKD EOE. 113 Richard Roe on his oath says that the foTegoing petition by him subscribed 114 is true to the best of his knowledge, information and belief. 115 EiCHAED Roe. 116 Subscribed and sworn to before me this 10th day of August, 1908. 117 S'AMUEL JbNES, Clerk. Sec. 1261. Bond — action on bond — fokms.] The county court or probate 2 court shall take of the guardian of the estate, or of the person and estate, ap- 3 pointed by it a bond payable to the People of the State of Illinois with security 4 to be approved by the court in a reasonable amount, which shall in no case be 5 less than double the amount of the minor's personal estate and six times 6 the amount of the gross annual income of the minor's real estate: Provided, how- 7 ever, that if such real estate is improved or is covered, in whole or in part, with 8 timber, or is improved in part and in part covered with timber, the penal sum 9 of said bond shall be increased by an amount at least double the value of the said 10 improvements, or of said timber or both, as the case may be; and said bond 11 shall be conditioned for the faithful performance by the guardian of all his du- 12 ties as such guardian and that he will faithfully account for all property which 13 may, or by the exercise of due diligence might have, come into his possession, 14 custody or control as such guardian, and dispose of the same in the manner re- 15 quired by law. When the guardian appointed is to be guardian of the person only 16 of the minor the taking of the bond shall be in the discretion of the court, and 17 when any such bond is required the penalty thereof shall be such ais the court 18 shall deem reasonable, and the same shall be conditioned for the faithful per- 19 f ormance by the guardian of all his duties as such guardian and that he will faith- 20 fully account for all property which may come into his hands as such guardian. 21 1. Bond of guardian of peeson and estate. 22 In the Probate Court of Cook County, Idlinois. 23 In the matter of John "1 ^Guardianship. No. 200. 24 Doe and Mary Doe. J 25 Bond of G-uardian of Person and Estate. 26 Know all men by these presents, That we, Jane Doe, as principal, and Wil- 27 liam Doe and Henry Doe, as sureties, are held and firmly bound unto the People 28 of the State of Illinois in the penal sum of fifty thousand dollars ($50,000) for 29 the payment of which well and truly to be made we bind ourselves, our heirs, 30 executors, administrators and assigns, jointly and severally, firmly by these 31 presents. 32 Witness our hands and seals this 10th day of February, 1908. 33 The condition of the above obligation is such that if the above bounden Jane 34 Doe, who has been duly appointed by the probate court of Cook county, Illinois, Jane Doe. [seal.] William Doe. [seal.] Henby Doe. [seal.] 793 35 as the guardian of the persons and estates of John Doe and Mary Doe, shall 36 faithfully perfomn all of her duties as such guardian and shall faithfully account 37 for all property which may, or by the exercise of due diligence might have, 38 come into her possession, custody or control as such guardian and dispose of the 39 same in the manner required by law, then this obligation is to be void ; otherwise 40 the same is to be and remain in full force and effect. 41 4? J 43 44 Approved by me this 10th day of February, 1908. Henry JonEis, Judge. 45 Note. 46 If the guardianship is one of the estates only the above form may be varied 47 from by omitting therefrom the words "persons and." 48 2. Bond of guaedian of persons only. 49 In the Probate Court of Cook County, Illinois. 50 In the matter of John 1 [GrUa-rdianship. No. 300. 51 Doe and Mary Doe. J : , 52 Bond of Guardian or Person. 53 Know all men by these presents, That we, Jane Doe, as principal, and Wil- 54 liam Doe and Henry Doe, as sureties, are held and firmly bound unto the People 55 of the State of Illinois in the penal sum of one ibousand dollars ($1,000) for the 56 payment of which well and truly to be made we bind ourselves, our heirs, execu- 57 tors, administrators and assigns, jointly and severally, firmly by these presents. 58 Witness our hands and seals this 10th day of February, 1908. 59 The condition of the above obligation is such that if the above bounden Jane 60 Doe, who has been duly appointed by the probate court of Cook county as the 61 guardian of the persons of John Doe and Mary Doe, shall faithfully perform all 62 of her duties as such guardian and shall faithfully account for all property which 794 63 may come into her hands as such guardian, then this obligation is to be void; 64 otherwise the same is to be and remain in full force and effect. 65 Jane Doe. [seal..] 66 William Doe. [seal.] 67 Henby Doe. [seal,] 68 Approved by me this 10th day of February, 1908. 69 Henby Jones, Judge. Sec. 1262. Cbetifioate of gxjaedianship.] Upon the appointmenit of any 2 guardian by the county court or probate court the clerk of such court shall issue 3 to such person, in lieu of the letters of guardianship heretofore in use, a certifi- 4 cate of guardianship which may be in substantially the following form: 5 In the Probate Court of Cook County, Illinois. 6 In the matter of John l ■"'' '" " ■Gtuardianship. No. 200. 7 Doe and Mary Doe. J 8 Certificate of GtUardianship. 9 This is to certify that Jane Doe of Cook county, Elinois, was on the 20th 10 day of August, 1908, duly appointed by the probate court of said Cook county as 11 guardian of the persons and estates of John Doe and Mary Doe and is duly 12 auithorized to exercise all the powers of such guardian. 13 Witness William Brown, clerk of our said probate court and the seal there^ 14 of at Chicago in said county, this 20th day of August, 1908. 15 William Brown, Clerk. 16 Note. 17 If the person appointed is to be guardian of the estates only of the minors 18 the above form may be varied from by omitting therefrom the words "persons 19 and. ' ' If the person to be appointed is to be guardian of the persons only of 20 the minors the above form may be varied from by omitting therefrom the words 21 "and estates." 795 Sec. 1263. Inventory.] The guardian shall, within sixty days after his ap- 2 pointment, reitum to the court a true and perfect inventory of the real aad per- 3 sonal estate of the ward, signed by him and verified by his affidavit. As often 4 as other estate shall 'thereafter come to his knowledge, he shall return an inven- 5 tory 'thereof, within sixty days from the time the same shall come to his knowl- 6 edge. Such inventory shall conform, as near as may be, to the requirements of 7 this act with respect to the inventory of the estate of a deceased person. Sec. 1264. Settlements.] The guardian shall, at the expiration of a 2 year from his appointment, settle his accounts as guardian with the county 3 court or probate court and at least once every three jears thereafter, and as -4 much oftener as the court may require. , ,, Sec. 1265. Final settlement.] At the expiration of his trust he shall pay 2 and deliver to those entitled thereto all the money, estate and title papers in his 3 hands as guardian, or with which he is chargeable as such. Sec. 1266. Accounting on final settlement.] On any accounting and final 2 settlement of the guardian he shall exhibit and file his account as such guardian 3 setting forth specifically, in separate items, on what account expenditures were 4 made by him, and all sums received and paid out since his last accounting, and 5 of all money on hand, and an itemized account of all notes, bonds, accounts, and 6 evidences of indebtedness composing the personal estate of his ward, and said 7 guardian shall produce and exhibit to the court the notes, bonds, accounts, and 8 evidences of indebtedness so itemized, and held by him and it is hereby made 9 the duty of the court to inspect the assets so .exhibited, and the accounts shall be 10 accompanied by proper vouchers and signed by him and verified by his 11 affidavit. Sec. 1267. PowEBS op guardian.] The guardian shall settle all accounts of 2 his ward, and demand and sue for, and receive in his own name as guardian, all 796 3 personal property of and demands due the ward, or, wiih the approbation of 4 the court, compound for the same, and give a discharge to the debtor upon re- 5 receiving a fair and just dividend of his estate and effects. Sec. 1268. Appeaeancb fok wabd in action.] He shall appear for and rep- 2 resent his ward in all legal actions and proceedings, unless another person is ap- 3 pointed for that purpose, as guardian or next friend, but nothing contained in 4 this act shall impair or affect the power of any court or justice of the peace to 5 appoint a guardian to defend the interest of a minor impleaded in such court, or 6 interested in an action or matter therein pending, nor their power to appoint 7 or allow any person as next friend for a minor to commence, prosecute or de- 8 fend any action in his behalf: Provided, that any action or proceeding may 9 be commenced and prosecuted by any minor by his next friend, without any 10 previous authority or appointment by the court, subject to the power of the 11 court to remove such next friend or to substitute another person as next friend, 12 whenever the court may deem it for the best interest of the minor. Sec. 1269. Management or estate.] The guardian shall manage the es- 2 tate of his ward frugally and without waste, and apply the income and profits 3 thereof, so far as the same may be necessary, to the comfort and suitable sup- 4 port and education of his ward. Sec. 127.0. Education op wabd.] The guardian shall educate his ward, and 2 it is made the duty of all civil officers to give information to the county court 3 or probate court of any neglect of the guardian to his ward. Sec. 1271. Ward put out and educated.] When there is not money of the 2 ward sufficient to teach him to read and write, and the elementary rules of arith- 3 metic, and the guardian fails or neglects to have him so educated, the court shall 4 have power to put out the ward to any other person for the purpose of having 5 him so educated. 797 Sec. 1272. Intestment of wabd's money.] It shall be the duty of the 2 guardian to put and keep his ward's money at interest upon security to be ap- 3 proved by the court, or by investing, on approval of the court, the same in 4 United States bonds, or in the bonds of any county or city, which are not issued 5 in aid of railroads, and where the laws do not permit said counties or cities to 6 become indebted in excess of five per cent, of the assessed valuation of prop- 7 erty for taxation therein, and where the total indebtedness of such county or 8 city does not exceed five per cent, of the assessed valuation of property for taxa- 9 tion at the time of such investment. Personal security may be taken for loans 10 not exceeding one hundred dollars. Loans upon real estaite shall be secured by 11 first mortgage thereof, and not to exceed one-half the value thereof. No mort- 12 gage loan shall be made for a longer time than three years, nor beyond the mi- 13 nority of ithe ward : Provided, the same may be extended from year to year with- 14 out the approval of the court. The guardian shall be chargeable with interest 15 upon any money which he shall wrongfully or negligently allow io remain in his 16 hands uninvested after same might have been invested. Sec. 1273. Leasing ebal estate.] The guardian maiy lease the i^eal estate 2 of the ward upon such terms and for such length of time, not extending beyond 3 the minority of the ward, as the county court or probate court shall approve. Sec. 1274. Mortgaging beal estate.] The guardian may, by leave of the 2 county court or probate court, mortgage the real estate of the ward for a term 3 of years not exceeding the minority of the ward, or in fee; but the time of the 4 maturity of the indebtedness secured by such mortgage shall not be extended 5 beyond the time of the minority of the ward. See. 1275. Petition to mortgage.] Before any mortgage shall be made, 2 tiie guardian shall petition the county court for an order authorizing such mort- 3 gage to be made, in which petition shall be set out the condition of the estate, and /ya 4 the facts and circiunstances on which the petition is fcmndted, and a description 5 of the premises sought to be mortgaged. Sec. 1276. FoKECLOsuRES.] Foreclosures of mortgages authorized by this 2 act shall only be made by petition to the county court of the county where the 3 certificate of guardianship was granted, or in case of non-resident minors, in the 4 county in which the premises, or some part thereof, are situated, in which pro- 5 ceeding the guardian and ward shall be made defendants ; and any sale made by 6 virtue of any order or decree of foreclosure of such mortgage may, at any time 7 before confirmaltion, be set aside by the court for inadequacy of price, or other 8 good cause, and shall not be binding upon the guardian or ward until confirmed 9 by the court. Sec. 1277. No strict foreclosure.] No decree of strict foreclosure shall 2 be made upon any such mortgage, but redemption shall be allowed as is now 3 provided by law in oases of sales under executions upon common law judgments. » Sec. 1278. Proceedings to sell real estate — petition.] On the petition 2 of the guardian the county court of the county where the ward resides, or if the 3 ward does not reside in the state, of the county where the real estate, or some 4 part of it is situated, may order the sale of the real estate of the ward, for his 5 support and education, when the court shall deem it necessary, or to invest the 6 proceeds in other real estate or for the purpose of otherwise investing the same : 7 Provided, the said couniy court shall make no order for a sale under said peti- 8 tion until the said guardian shall have executed and filed a bond, payable to the 9 People of the State of Illinois, with at least two sufficient sureties to be approved 10 by the court, in double the value of the real estate by said petition sought to be 11 sold, conditioned for the due and faithful accounting for, and disposition of the 12 proceeds of all real estate that may be sold by him, under such order, in the 13 manner provided by law ; which bond may be put in suit in the name of the 14 People of the State of Illinois, to the use of any person entitled to recover on 799 15 a breach thereof, and damages assessed and proceedings had thereon as in 16 other cases of penal bonds. The petition shall set forth the condition of the 17 estate and the facts and circumstances on which the petition is founded and 18 shall be signed by the guardian and verified by his affidavit. Sec. 1279. Notice.] Notice of such application shall be given to all per- 2 sons concerned, by publication in some newspaper published in the county where 3 the application is made, at least once each week for three successive weeks, or 4 by setting up written or printed notices in three of the most public places in 5 the county, at least three weeks before the day on which such application shall 6 be made. The ward shall be served with a copy of such notice at least ten days 7 before the hearing of such application. Such service may be proven in the same 8 manner as the service of a copy of a bill in equity. Sec. 1280. Practice.] Such application shall be docketed as other causes, 2 and the petition may be amended, heard or continued for further notice, or for 3 other cause. The practice in sucji cases shall be the same as in other eases in 4 equity. Sec. 1281. Sale.] The court shall direct notice of the time and place of 2 sale to be given, and may direct the sale to be made on reasonable credit, and 3 require such security of the guardian or purchaser as the interests of the ward 4 may require. Sec. 1282. Return — sale approved — title.] It shall be the duty of the 2 guardian making such sale, as soon as may be, to make return of such sale to the 3 court granting the order, which, if approved, shall be recorded, and shall vest in 4 the purchaser or purchasers all the interest of the ward in the estate so sold. Sec. 1283. Proceeds — accounting for — re-investment.] An account of all 2 moneys and securities received by any guardian for the sale of real estate of 3 his ward shall be returned, on oath of such guardian, to the county court or 4 probate court of the county where the certificate of guardianship was obtained, 5 and such money shall be accounted for, and subject to the order of th« county 6 court or probate court, in like manner as other moneys belonging to such minor. 7 In case of sale for re-investment in this state, the money shall be re-invested 8 under the direction of ihe court. Sec. 1284. Sufficiency of sureties — coubt to inquire into.] It shall be 2 the duty of the county court or probate court, at each accounting of the guar- 3 dian, to inquire into the sufficiency of his sureties. And if, at any time, it has 4 cause to believe that the sureties of a guardian are insufficient or in failing cir- 5 cumstances, it shall, after summoning the guardian, if he be not before the 6 court, require him to give additional security. Sec. 1285. Counter-security.] Upon the application of the surety of any 2 guardian, and after summoning the guardian, the court may, if it believes him 3 to be insolvent or in doubtful circumstances, require him to give counter-secur- 4 ity to his sureties. Sec. 1286. Removal of guardian.] The county court or probate court may 2 remove a guardian for his failure to. give bond or security, or additional or coun- 3 ter security, when required, or for failure to make inventory, or to account and 4 make settlement, or support or educate the ward, or when he shall have become 5 insane, or have removed out of the state, or become incapable or unsuitable for 6 the discharge of his duties, or for failure to discharge any duty required of him 7 by law or the order of the court, or for other good cause. Sec. 1287. Summons to show cause — notice.] Before removing a guard- 2 ian the court shall summon him to show cause why he should not be removed 3 for the cause alleged. If the guardian has left the state, or cannot be served 4 with process, he may be notified in the same manner as non-resident defendants 5 in equity. ,^ : 801 Sec. 1288. Resignation. J When it appears proper, the court may permit 2 the guardian to resign his trust, if he first settles his accounts and delivers over 3 the estate as by the court directed. Sec. 1289. SuccEssoE. — delivery of pkopeety, etc., to.] Upon the re- 2 moval, resignation or death of a guardian, another may be appointed, who shaJl 3 give bond and security and perform the duties prescribed in this act. And the 4 court shall have power to compel the guardian so removed or resigned, or the 5 executor or administrator of a deceased guardian, or the conservator of an in- 6 sane person, or other person, to deliver up to sueh'successor all the goods, chat- 7 tels, moneys, title papers, and other effects in his custody or control, belonging 8 to such minor, and upon failure to so deliver the same, to commit tfie person 9 offending to jail, until he shall comply with the order of the court. Sec. 1290: Marejage of female waed.] The marriage of a female ward 2 shall discharge her guardian from all right to her custody and educaition, but 3 not to her property. Sec. 1291. Compensation.] Guardians, on settlement, shall be allowed 2 such fees and conapensation for their services as shall seem reasonable and 3 just to the court. Sec. 1292. NoN-REsiDENT guardian — POWER to collect.] When there is no 2 guairdian in this state of a non-resident minor, his guardian appointed and 3 qualified according to the law of the place where the minor resides, having first 4 obtained the authority of the county court or probate court of the county in. this 5 state where any of the personal estate of such minor may be so to do, may col- 6 leot, by aotion or otherwise, receive and remove to such place of residence of the 7 minor, any personal estate of such minor. See. 1293. Transfer or estate to non-resident guardian.] When there is 2 a guardian in this state of a non-resident minor, the court may authorize such 3 guardian to pay over and transfer the whole or any part of the ward's prop- 4 erty to the non-resident guardian of such ward, appointed and qualified accord- 5 ing to the law of the place where the ward resides, upon such terms as shall 6 be proper in the premises, requiring receipts to be passed; and when the whole 7 estate in the hands of a resident guardian shall be so transferred, may discharge 8 him. Sec. 1294. Conditions.] But the court shall not grant the authority men- 2 tioned in the two preceding sections except upon petition of such foreign guard- 3 ian, signed by him and verified by his affidavit, and unless he shall file with the 4 court properly authenticated copies of his letters or certificate of guardianship 5 and bond, with security in double the amount of the value of the property and 6 estate sought, which shall have been executed and filed in the court which ap- 7 pointed such guardian. And, unless it shall appear to the court that a removal 8 of such estate will not conflict with the interest of the ward, or the terms of limi- 9 tation attending the right by which the ward owns the same or the rights of 10 creditors, the resident guardian shall have ten days* previous notice of such ap- 11 plication. Sec. 1295. Sale of real estate by non-resident guardian.] When any 2 person residing in any other state of the United States, or any territory thereof, 3 shall have been or may hereafter be appointed guardian, in the state or territory 4 in which such person resides, of any infant or other person owning real estate 5 within this state, not having any guardian in this state, it shall and may be law 6 fuJ for every such guardian to file his or her petition in the circuit court of the 7 county in which said real estate, or the major part thereof, may lie, for sale of 8 said real estate, for the purpose of educating and supporting such infant or other 9 persons under guardianship, or for the purpose of investing the proceeds of such 10 real estate in such manner as the court which appointed such guardian may or- 11 der and direct ; and the said circuit court is herebj' fully authorized and empow- 803 12 ered to order a sale of such real estajte, conformably to the prayer of said peti- 13 tion: Provided, that every such guardian applying for such sale, shall file with 14 his or her petition an a.uithenticated copy of his or her certificate of guardian- 15 ship: And, provided, further, that the said circuit court shall make no order 16 for a sale under said petition, until the said guardian shall have executed and 17 filed, in the court which appointed said guardian, a bond, with sufficient secur- 18 ity, approved by said last mentioned court, for the due and faithful application 19 of the proceeds of every such sale, in such manner as the said last mentioned 20 court may direct, an authenticated copy of which said bond, .and the approval 21 'thereof, shall be deemed and 'taken by the circuit court as sufficient evidence of 22 the execution and filing of the same. Sec. 1296. Notice — terms of sale.] Every guardian applying for an order 2 of sale under the foregoing section shall be required to give notice of his, or 3 her petition in the same manner as is now required biy law in cases of applica- 4 tions for sales of lands belonging to minors, by resident guardians ; and in every 5 order for the sale of real estate under this aot, it shaU be the duty of the court 6 to prescribe the terms of said sale, and the notice which shall be given thereof, 7 and the place where such sale shall be made. See. 1297. Deeds — title.] All sales of real estate, under the provisions of 2 this act, are hereby declared to be good and valid; and all deeds executed by 3 such guardian to the purchaser or purchasers imder such sales, shall convey to 4 and vest in such purchaser or purchasers all the estate, right, title and interest, 5 in law or equity, of said infant or others in and to the land so sold. Sec. 1298. BoHD for costs.] In all actions and petitions by non-resident 2 guardians, they shall give bonds for costs, as in cases of other non-residents. Sec. 1299. Final settlement — unclaimed moneys in hands op guardians — 2 DEPOSIT OF.] When any guardian shall have made final settlement with the 3 county court or probate court it shall be the duty of the court to order such 4 guardian to deposit with the county treasurer such moneys as he may have be- 5 longing to any ward whose whereabouts may be unknown, or belonging to the 6 unknown heir or heirs of any deceased ward, or the heirs of any ward whose 7 whereabouts may be unknown, and to 'take the receipt of such treasurer there- 8 for, and to file such receipt in the office of the clerk of the county court or pro- 9 bate court where such settlement has been made. Sec. 1300. How moneys so obtained deposited.] "When money shall be de- 2 posited as aforesaid, the person or persons entitled to the same may at any time 3 apply to the court making such order and obtain the same upon making satis- 4 factory proof to the court of his, her or their right thereto. Sec. 1301. Public county guabdian.J The Governor of this State, by and 2 with the advice and consent of the Senate, shall, before the first Monday in De- 3 cember, nineteen hundred nine, and every four years thereafter, appoint in each 4 county of this State, and as often as any vacancies may occur, a suitable person, 5 to be known as public guardian of such county, who shall hold his office for four 6 years from the first Monday of December, nineteen hundred nine, or until his 7 successor is appointed and qualified. Sec. 1302. To take an oath — ^fobm of.] Every person appointed as a 2 public guardian shall, before entering upon the duties of his office, take and 3 subscribe and file in the office of the clerk of the county court, the following oath, 4 to-wit : 5 I do solemnly swear (or affirm, as the case may be,) that I will support the . 6 Constitution of the United States arid the Constitution of the State of Illinois, 7 and that I will faithfully discharge the duties of public guardian of 8 county, according to the best of my ability. 805 Sec. 1303. When guardian fails to qualify.] Whenever any guardian, 2 aippointed under the provisions of this act, shall fail to qualify as such guardian 3 a,t the expiration of three moriths from his or her appointment, it shall be the 4 duty of the court to appoint the public gu'ardian of the county where the minor 5 resides as guardian of the minor. Sec. 1304. ' Public guardian — when appointed by the court.] — The pub- 2 lie guardian, when appointed by the court, as provided in this act, shall have 3 the same powers and his duties shall be the same as other guardians appointed 4 under the provisions of this act. Sec. 1305. Bond of public guardian.] It shall be the duty of the county 2 court or probate court to require of a public guardian, before entering upon the 3 duties of his office, to enter into a bond, payable to the people of the State of 4 Illinois, in a sum of not less than five thousand dollars, with two or more se- 5 curities, approved by the court, and conditioned that he will faithfully discharge 6 all the duties of his office, and the court may, from time to time, as occasion may 7 require, demand additional security of such guardian, and may require him to 8 give the usual bond required of guardians in other cases ; and in default of giv- 9 ing such bond within sixty days after receiving his commission, or in default 10 of giving additional security within such time as the court may fix after being 11 duly ordered by said court so to do, his office shall be deemed vacant, and upon 12 the certificate of the county judge of such fact, the Governor shall fill the va- 13 cancy aforesaid. 806 DIVISION LIV. appointment of c0n8eevat0es and Section 1306. Proceedings for conservator — form of petition. 1307. Cause set for hearing — summons — publication of notice — service — form of summons. 1308. Trial — appointment of conservator — certificate — form of bond. 1309. Bond — additional bonds — counter se- curity — action on bond — form of bond. 1310. Care of estate — custody of person — children. 1311. Inventory. 1312. Settlements. 13 13. Final settlement. 1314. Manner of accounting. 1315. Collections, etc. 13 16. Performance of contracts. 1317. Legal proceedings. 1318. What contracts void. 1319. What contracts voidable. 1320. Swindling idiot, lunatic. 1 32 1. Management of estate. 1322. Investment of money. 1323. Leasing real estate. 1324. Mortgaging real estate. 1325. Petition to mortgage. settlement of their accounts. Section * 1326. No strict foreclosure. 1327. Sale of real estate — petition. 1328. Notice of application. 1329. Docket — ^practice. 1330. Sale. 1 33 1.' Return of sale — approval — title. 1332. Proceeds of sale. ^333- Sufficiency of sureties. 1334- Counter security. 1335- Removal of conservator. ^33^- Summons to show cause — notice. 1337. Resignation. 1338. Successor appointed — deHvery to suc- cessor. 1339. Compensation. 1340. Restoration to reason, etc. 1 34 1 .Notice. 1342. Trial, judgment, etc. 1343. Actions, collections, etc., by non-resi- dent conservators, etc. 1344. Sale of real estate by non-resident conservator, etc. 1345. Notice of petition. 1346. Bond. 1347. Bond for costs. Sec. 1.306. Peoceedings for conservator — form of petition.] When any 2 person having any estate, real or personal, shall be, or be supposed to be, an 3 idiot, or an insane, distracted or feeble-minded person who, by reason of un- 4 soundness of mind, is incapable of managing and caring for his own estate, or 5 when any person having any estate shall be, or be silpposed to be, a drunkard 6 or spendthrift, who is alleged so to spend, waste or lessen his estate as to expose 7 himself or his family to want or suffering, or any county, town or incorporated 807 8 city or village to any charge or expense for the support of himself or his family, 9 the county court or probate court of the county wherein such person resides, 10 or, if such person be a non-resident of this state, the county court or probato 11 court of the county in which any portion of the real or personal estate of such 12 person may be situated, may, on the petition of any resident of such county, pro- 13 ceed in the manner hereinafter provided to ascertain whether such person be an 14 idiot or an insane, distracted or feeble-minded person who, by reason of un- 15 soundness of mind, is incapable of managing and caring for his own estate, a 16 drunkard or spendthrift as aforesaid. The following form of; petition for the 17 appointment of a conservator shall be deemed sufficient and shall be taken as 18 furnishing suggestions from which other petitions may be properly framed : 19 In the Peobate Court of Cook County, Illinois. 20 In the matter 1 ^Conservatorship. No. 100. 21 of Richard Roe. J 22 . Petition for Appointment of Conservator. 23 The petitioner, John Doe, says : 24 1. That he is a resident of said Cook county. 25 2. Q^'hat Richard Roe is a resident of said county and has an estate not ex- 26 ceeding in value $25,000. 27 3. That said Richard Roe is a feeble-minded person who, by reason of un- 28 soundness of mind, is incapable of managing and caring for his own estate. 29 Wherefore petitioner prays for the appointment of a conservator for said 30 Richard Roe. 32^ ' , John Doe. 32 John Doe on his oath says that the foregoing petition by him subscribed is 33 true to the best of his knowledge, information and beKef. 3^ John Doe. 35 Subscribed and sworn to before me this 10th day of August, 1908. 3g Samuel Jones, Clerk. 808 37 Note. 38 When the person for whom a conservator is sought is an idiot, or an in- 39 sane person, or distracted person, the above form may be varied from by in- 40 sorting in lieu of the words "a feeble-minded person" the Word "idiot" or the 41 words "insane person" or "distracted person," as the case may be. When 42 such person is a drunkard or spendthrift, the above form may be changed so 43 that paragraph 3 will read as follows: 44 3. That said Richard Roe is a drunkard (or spendthrift, as the case may 45 be) who is so spending, wasting and lessening his estate as to expose himself (or 46 his family, as the case may be,) to want and suffering (or some specified county, 47 town, incorporated city or village to a charge or expense for the support of him- 48 self or his family, as the case may be). See. 1307. Cause set fob heaeiwg — summons — publication of notice — ser- 2 vice — FOEM of summons.] When a petition for the appointment of a conser- 3 vator of any person is filed as aforesaid the court shall set the proceeding for 4 hearing and if the person for whom a conservator is sought is not before 5 the court, the court shall order the issuance of a summons or publication of 6 notice, as the case may be, to such person requiring his appearance at such time 7 as the court may fix for the hearing, and service of summons shall be had upon, 8 or notice given to, the person for whom the eooaservator is sought to be ap- 9 pointed in the same manner by summons or publication of notice, and under 10 the same conditions, as service is had or notice is given in an action in equity. 11 In case such person is to be served with a summons the time fixed therein for 12 his appearance shall be not less than five (5) nor more than fifteen (15) days 13 from the date of the summons and the same shall be served at least three (3) 14 days prior to the time fixed therein for such hearing. When such person is to 15 be notified by publication of notice the time for his appearance shall be not less 16 than forty (40) nor more than sixty (60) days from the date of the first publi- 17 cation of notice. Alias and pluries summonses may be issued as in actions at 809 18 law or in equity. The following form of summons shall be deemed sufficient 19 and shall be taken as furnishing suggestions from which other summonses may 20 be properly framed : 21 In the Peobate Couet of Cook County, Illinois. 22 In the matter 1 ^Conservatorship. No. 100. 23 of Richard Roe. J 24 Summons. 25 The People of the State of Illinois — Geeeting to Richard Roe: 26 You are hereby commanded to personally be and appear before the probate 27 court of Cook county, Illinois, at the co'unty court house in Chicago in said 28 county, on Tuesday, the 17th day of August, 1908, at the hour of ten o'clock a. 29 M., then and there to show cause, if any you have or can show, why said court 30 should not appoint a conservator to manage and care for your estate. 31 Witness William Brown, clerk of our said court, and the seal thereof, at 32 Chicago, in said county, this 10th day of August, 1908. 33 William Bkown, Clerk. Sec. 1308. Teial — ^appointment op conseevatoe — certificate — foem.J At 2 the time fixed for the hearing a jury of six persons shall be impaneled to try the 3 case. The court may, for good cause, postpone the trial from time to time. If 4 any person be found an idiot, insane person, distracted or feeble-minded person, 5 drunkard or spendthrift, and by reason of such condition incapable of manag- 6 ing and caring for his own estate, it shall be the duty of the court to appoint a 7 conservator for such person. Upon the appointment of a conservator and the 8 filing by him of the bond hereinafter provided for the clerk shall issue to him a 9 certificate of conservatorship, which certificate shall be competent evidence in 10 all courts of this state of the right of the person therein named as conservator 11 to exercise the powers of such conservator. As many certificates may be issued 12 by the clerk, from time to time, as such conservator or any other person may 13 require upon the payment of the costs fixed by law therefor: Provided, how- 810 14 ever, that no such certificate shall be issued by the clerk after the removal from 15 ofiSce of such conservator, unless the court shall so order, in which ease the cer- 16 tifioate shall recite such removal and the date thereof. Such bertificate may be 17 in substantially the following form: 18 In the Probate Couet of Cook County, Illinois. 19 In the matter 1 ^Conservatorship. No. 100. 20 of Eichard Roe. J 21 Certificate of Conservatorship. 22 This is to certify that John Doe, of Cook eouaty, Illinois, was on the 20th 23 day of August, 1908, duly appointed by the probate court of said Cook county as 24 conservator for Richard Roe and is duly authorized to exercise all the powers of 25 such conservator. 26 Witness William Brown, clerk of our said probate court, and the seal 27 thereof, at Chicago, in said county, this 20th day of August, 1908. 28 William Brown, Clerk. Sec. 1309. Bond — additional bonds — counter security — action on bond 2 — form of bond.] The conservator appointed shall, before entering upon the 3 duties of his office, give a bond payable to the People of the State of Illinois with 4 at least two sufficient sureties to be approved by the court in at least double the 5 amount of his ward's personal estate and six times the amount of the gross an- 6 nu'al income of his ward's real estate: Provided, however, that if any such real 7 estate is improved or is covered, in whole or in part, with timber, or is improved 8 in part and in part covered with timber, the penal sum of such bond shall be 9 increased by an amount at least double the value of such improvements and of 10 said timber, or both, as the case may be, with such conditions, as near as may '^1 be, as are pi-ovided in the case of the bonds of guardians of infants. Additional 12 bonds and counter security may be required as hereinafter provided. Bonds 13 given in pursuance of this act may be put in action in the name of the People 14 of the State of Illinois to the use of any person entitled to recover on the breach 811 15 thereof and damages adjudged oii proceedings had 'thereon as in other cases of 16 penal bonds. The following shall be deemed a sufficient form of conservator's 17 bond and shall be taken as furnishing suggestions from which other bonds may 18 be properly framed: 19 Ik the Probate Court of Cook County, Illinois. 20 In the matter ] ^Conservatorship. No. 100. 21 of Richard lioe J 22 Bond of Conseevatoe. 23 Know all men by these presents, That we, John Doe, as principal, and Wil- 24 liam Doe and Henry Doe as sureties, are held and firmly bound unto -the People 25 of the S'tate of Illinois in the penal sum of thirty thousand dollars ($30,000) for 26 the payment of which, well and truly to be made, we bind ourselves, our heirs, 27 executors, administrators, and assigns, jointly and severally, firmly by these 28 presents. 29 Witness our hands and seals this 10th day of February, 1908. 30 The condition of the above obligation is such that if the above bounden 31 John Doe, who has been duly appointed by the probate court of Cook county, 32 Illinois, as the conservator of Eichard Roe, shall faithfully perform all of his 33 duties as such conservator and shall faithfully account for all property which 34 may, or by the exercise of due diligence might have, come into his possession, 35 cusitody or control as such conservator and dispose of the same -in the manner 36 required by law, then this obligation is to be void; otherwise the same is to be 37 and remain in full force and effect.. 3g John Doe. [seal.] 39 . Wilijam Doe. [seal.] ^Q . Heney Doe. [seal.] 41 Approved by me this 20'th day of August, 1908. ^2 Henry Jones, Judge. 812 Sec. 1310. Cabb op estate — custudy or person — children, j Such oonserva- 2 tor shall have the care and management of the real and personal estate of his 3 ward, and the custody of his person unless otherwise ordered hy the court, and 4 the custody and education of his children where no other guardian is appointed, 5 unless the court orders otherwise; but this aot shall not be so construed as to 6 deprive the mother of the custody and education of the children without her con- 7 sent, if she be a fit and competent person to have such custody and education. Sec. 1311. Inventory.] The conservator shall, immediajtely upon his a,p- 2 pointment, take charge of the estate of his ward, and within sixty days after 3 such appointment return to the court a true and perfect inventory of the real 4 and personal estate of the ward, signed by him and verified by his affidavit. As 5 often as other estate shall thereafter come to his knowledge, he shall return an 6 inventory thereof within sixty days from the time the same shall oome to his 7 knowledge. Such inventory shall conform, as near as may be, to the require- 8 ment of this aot with respect to the inventory of the estaie of a deceased person. Sec. 1312. Settlements.] The conservator shall, at the expiration of a year 2 from his appointment, settle his accounts as conservator with the oouniy court or 3 probate court and at least once a year thereafter, and as much oftener as the 4 court may require. Sec. 1313. Final settlement.] Such conservator shall, at the expiration of 2 his trust, pay and deliver to those entitled thereto all the money, estate and title 3 papers in his hands as conservator, or with which he is chargeable as such, in 4 such manner as shall be directed by the order or decree of any court having 5 jurisdiction thereof. Whenever any lunatic, idiot, drunkard or spendthrift shall 6 die seized or possessed of any real or personal estate, then such conservator 7 shall have full power and authority, under the certificate issued to him or to 8 her, to make final settlement and distribution of the estate of said deceased ward 813 9 without further certificate of adrainistration in such time and manner as is re- 10 quired by law of administrators of the estates of deceased persons. Provided, 11 this shall not apply to non-resident conservators. Sec. 1314. Manner of accounting.] On every accounting or final settle- 2 ment of a conservator, he shall exhibit and file his account as such conservator, 3 setting forth specifically, in separate items, on what account expenditures were 4 made by him, and all sums received and paid out since his last accounting, and 5 ' on what account each was received and paid out, and showing the true balance of 6 money on hand — ^which account, shall be accompanied by the proper vouchers, 7 and signed by him and verified by his affidavit. Sec. 1315. Collections, etc.] The conservator shaU settle all accounts of 2 his ward, and demand and sue for and receive in his own name, as conservator, 3 all personal property of and demands due the ward, or with the approbation of 4 the court, compound for the same, and give a discharge to the debtor upon re- 5 ceiving a fair and just dividend of his estate and effects. Sec. 1316. Pee^oemance of conteagts.] The conservator, by permission 2 and subject to the direction of the court which appointed him, may perform the 3 personal contracts of his ward, made in good faith and legally subsisting at the 4 time of. the commencement of his disability, and which may be performed with 5 advantage to the estate of the ward. Sec. 1317. Legal peoceedings.J ,He shall appear for and represent his ward 2 in all actions and proceedings, unless another person is appointed for that pur- 3 pose, as conservator or next friend ; but nothing contained in this act shall im- 4 pair or affect the power of any court to appoint a conservator or next friend to 5 defend 'the interest of said ward impleaded in such court, or interested in an 6 action- or matter therein pending, nor its power to appoint or allow any person. 7 as next friend for such ward, to commence, prosecute or defend any action in 8 his behalf, subject to the direction of such courl;. Sec. 1318. What contracts void.J Every note, bill, bond or other contract 2 by an idiot, lunatic, distracted person or spendthrift, made after the finding of 3 the jury, as provided in this acit, shall be void as against the idiot, lunatic, dis- 4 tracted person, drunkard or spendthrift, and his estate; buit the person making 5 any contract with such idiot, lunatic, distracted person or spendthrift shall be 6 bound thereby. Sec. 1319. What contracts voidable.] Every contract made with an idiot, 2 lunatic or disitraeted person before such finding or with a drunkard or spend- 3 thrift made after the application for -the appointment of a conservator, may be 4 avoided, except in favor of the person fraudulently making the same. Sec. 1320. Swindling idiot, lunatic, etc.] Whoever, by trading with, bar- 2 tering, gaming, or any other device, possesses himself of any property or valu- 3 able thing belonging to any idioit, lunatic or notoriously distracted person, drunk- 4 ard or spendthrift, shall be deemed guilty of swindling, and upon conviction 5 thereof be fined a sum not exceeding two thousand dollars ($2,000) or confined 6 in the county jail not exceeding one year, or both. Sec. 1321. Management of estate.] The conservator shsfll manage the es- 2 ta,te of his ward frugally and without waste, and apply the income and profits 3 thereof, so far as the same may be necessary, to the comfort and suitable support 4 of his ward and his family, and the education of his children. Sec. 1322. Investment of money.] It shall be the duty of the conservator 2 to put and keep his ward's money at interest, upon security to be approved by 3 the court, or invest the same, subject to the approval of the court, in the bonds 4 of municipal corporations of this state to be approved by the court, or in other 815 5 bonds in which, by the terms of this act, guardians are authorized to invest the 6 money of their wards. Personal secu'rity may be taken for loans not exceeding 7 one hundred dollars ($100). Loans in larger amounts shall be upon real estaite 8 security. No loan shall be made for a long-er time than three years, unless a.u- 9 thorized by the court : Provided, the same may be extended from year to year, 10 without the approval of the court. Sec. 1323. Leasing eeal estate.] The coiiservator may lease the real estate 2 of the ward, upon such terms and for such length of time as the county court or 3 probate court shall approve. Sec. 1324. Mortgaging real estate.] The conservator may, by leave of the 2 county court, mortgage the real estate of the ward for a term of years, or in fee. Sec. 1325. Petition to mortgage.] Before any mortgage shall be made the 2 .conservator shall petition the county court for an order authorizing such mort- 3 gage to be made, in which petition shall be set out the condition of the estate and 4 the facts and circumstances on which the petition is founded, and a description 5 of the premises sought to be mortgaged. Sec. 1326. No strict foreclosure.] No decree of strict foreclosure shall be 2 made upon any such mortgage, but redemption shall be allowed, as is now pro- 3 vided by law in cases of sales under executions upon common law judgments. * ' Sec. 1327; Sale of real estate — petition.] On the petition of the conserv- 2 ator, the county court of the county where the ward resides, or, if the ward does 3 hot reside in the state, of the county where the real estate or some part of it is 4 situated, may order the sale of the real estate of the ward for his support and 5 that of his family when the court shall deem it necessary, or to invest the pro- 6 ceeds in other real estate, or for the purpose of otherwise investing the same, 7 or for the purpose of paying the debts of the ward or the education of the chil- 8 dren of said ward. The petition shall set forth the condition of the estate and 9 'the facts and circumstances on which the petition is founded and shall be signed 10 by the conservator and verified by his affidavit. Sec. 1328. Notice op application.] Notice of such application shall be 2 given to all persons concerned by publication in some newspaper published in 3 the county where the application is made, at least once in each week for three 4 successive weeks, or if no newspaper is published in such county, Ijy setting up 5 written or printed notices in three of the most public places in the county at 6 least three weeks before the day on which such application is proposed to be 7 made. The ward shall be served with a copy of such notice at Jeast ten days be- 8 fore the hearing of such application. Such service may be proved in the same 9 manner as the service of a summons. Sec. 1329. Docket— PRACTICE.] Such application shall be docketed as other 2 causes, and the petition may be amended, heard or continued for further notice or 3 for other cause. The practice in such cases shall be the same, as near as may 4 be, as in other cases in equity. Sec. 1330. Sale.] The court shall direct notice of the time and place of sale 2 to be given, and may direct the sale to be made on reasonable ''redit, and re- 3 quire such security of the conservator or purchaser as the interest of the ward 4 may require. Sec. 1331. Eetukn of sale — approval — title.] It shall be the duty of the 2 conservator making such sale, as soon as may be, to make report of such sale 3 to the court granting the order, and, in case of the approval of such sale, the 4 court shall by its order vest in the purchaser or purchasers all the interest of the 5 ward in the estate so sold. Sec. 13.32. Proceeds op sale.] An account of all moneys and securities re- 2 ceived by any conservator for the sale of real estate of his ward, shall be returned 817 3 on oath of such conservator to the county court or probate court of the county 4 where the certificate of conservatorship was obtained, and such money shall be 5 accounted for and subject to the order of the county court or probate court in like 6 manner as other moneys belonging to such ward. In case of sale for reinvest- 7 ment in this state, the money shall be reinvested under the direction of the court. Sec. 1333. Sufficiency of sureties.] It shall be the duty of the county 2 court or probate court, at each accounting of the conservator, to inquire into the 3 sufficiency of his sureties, and if, at any time, it has cause to believe that the 4 sureties of a conservator are insufficient or in failing circumstances, it shall, 5 after summoning the conservator, if lie be not before the court, require him to 6 give additional security. Sec. 1334. Counter security.] Upon the application of the surety of any 2 conservator, and after summoning the conservator, the court may, if it believes 3 him to be insolvent or in doubtful circumstances, require him to give counter se- 4 ourity to his sureties. See. 1335. Removal op conservator.] The county cooirt or probate court 2 may remove a conservator for his failure to give bond or security or additional 3 or counter security when required, or for a failure to make an inventory or to 4 account and make a settlement, or support the ward, or when he shall have become 5 insane or bare removed out of the state, or become incapable or unsuitable for the , 6 discharge of his duties, or for failure to discharge any duty required of him by 7 law or the order of the court or for other good cause. Sec. 1336. Summons to show cause — notice.] Before removing.a conserv- 2 ator the court shall summon him to show cause why he should not be removed for 3 the cause alleged. If the conservator has left the state or cannot be served with 4 process, he may be notified in the same manner as non-resident defendants in 5 equity. 818 Sec. 1337. Resignation.] When it appears proper the court may permit 2 the conservator to resign his trust, if he first settles his accounts and delivers 3 over the estate as by the court directed. Sec. 1338. Successor appointed — deliveey to successor.] Upon the re- 2 moval, resignation or death of a conservator, another may be appointed, who 3 shall give bond and security, and perform the duties prescribed by this act. The 4 court shall have power to compel the conservator so removed or resigned, or the 5 executor or administrator of a deceased conservator, "to deliver up to such suo- 6 cesser all the goods, chattels, moneys, title papers apd other effects in his custody 7 or control belonging to the ward; and upon failure to so deliver the same, to 8 commit the person offending to jail until he shall comply with the order of the 9 court. Sec. 1339. Compensation.] Conservators on settlement shall be allowed such 2 fees and compensaition for their services as shall seem reasonable and just to the 3 court. Sec. 1340. Restoration to reason, etc.] When any person, for whom a 2 conservator has been or may be appointed under the provisions of this act, shall 3 be restored to his reason, or in case such drunkard or spendthrift shall have be- 4 come so reformed as to be a proper and safe person to have the care and man- 5 agement of his estate, such person may apply by petition to the county court or 6 probate court of the county in which such conservator was appointed, to have 7 said conservator removed, and the care and management of his property, or so 8 much thereof as shall remain, restored to him. Sec. 1341. Notice.] Notice of such intended application shall be given to 2 the conservator ten days before the day on which the application is proposed to 3 be made. 1 819 Sec. 1342. Trial,, judgment, etc.J It shall be the duty of the court to which 2 any sueh application, as provided in the foregoing section, is made, on proof 3 that said conservator has been duly notified of such application, to cause a jury 4 to be summoned to try the question whether said applicant is a fit person to have 5 the care, custody and control of his or her property and if the said jury return 6 in their verdict that such person is a fit person to have the control of such prop- 7 erty as aforesaid, then the court shall enter, an order fully restoring such person 8 to all the rights and privileges enjoyed before said conservator was appointed : 9 Provided, that such conservator, so removed, shall be allowed a reasonable time 10 to settle his accounts as such, and to pass over the money or property in his 11 hands, and such removal shaU not invalidate any contracts made in good faith 12 by such conservator, while acting as sueh : Provided, further, that no application 13 shall be entertained for the removal of any conservator appointed for any person 14 under the provisions of this act, within less than one year from such appointment, 15 unless for neglect of duty or mismanagement of his trust. Sec. 1343. Actions, collections, etc., by non-besident consebvatobs, etc.] 2 The conservator, guardian, curator or committee of any non-resident idiot, luna- 3 tic, insane or distracted person, spendthrift or drunkard, appointed in any of the 4 United States or territories, or any foreign country, in pursuance of the laws of 5 any such state, territory or country, may commence and prosecute in his name 6 as such conservator, guardian, eurato r or committee, actions for the recovery of 7 any real or personal property, or any interest therein in this state, belonging to 8 any such idiot, lunatic, insane" or distracted person, spendthrift or drunkard, or 9 for any injury to such property, in any of the courts of record in this state having 10 jurisdiction in similar cases by persons in their own rights, and may collect, re- 11 ceive and remove to his place of residence any personal estate of his ward. Sec. 1344. Sale of keal estate by non-kesident conservator, etc.] It shall 2 be lawful for any such conservator, guardian, curator or committee of any non- 3 resident idiot, lunatic, insane or distracted person, spendthrift or drunkard, who 4 shall obtain an order from: the proper court in the state, territory or coomtry in 5 which such conservator, guardian, curator or committee was appointed, author- 6 izing him to make application for the sale of his ward's real estate or personal 7 property in this state, upon filing a certified copy of such order for record in the 8 office of the clerk of the circuit court of the county in this state in which the 9 property or the major part thereof is situated, by petition to such court to obtain 10 an order authorizing such conservator, guardian, curator or committee to sell and 11 transfer any such property or interest therein, belonging to any such idiot, luna- 12 tic, insane or distracted person, spendthrift or drunkard, and to make deeds and 13 conveyances thereof; which deeds and conveyances executed and acknowledged 14 in pursuance of the laws of this state, or of the state, territory or country in 15 which such conservator, guardian, curator or committee was appointed, shall be 16 effectual in law and equity to pass to the grantee or grantees therein all the right, 17 title and interest of such idiot, lunatic, insane or distracted person, spendthrift or 18 drunkard therein. The court ordering the sale may authorize any person to act 19 as auctioneer of the property, but the deed shall be executed by the conservator, 20 guardian, curator or committee. i Sec. 1345. Notice of petition.] Notice of the time and place of presenting 2 said petition to said circuit court shall be given by publication in the nearest 3 newspaper for four successive weeks, the first of which publications shall be at 4 least forty days before the time fixed for the presentation of said petition, re- 5 questing all persons interested to show cause why the prayer of said petition 6 should not be granted. ; 821 Sec. 1346. Bond.] The saiantraot with sudh luniaJtio shall be bound 24 lihereby. , , . Sec. 1361. JuEisDiCTioN or PERSONS NOT CHARGED WITH CRIME.] Jurisdictiou 2 over the persons of insane persons not charged with crime is vested in the county 3 courts. 830 Sec. 1362. CouET to keep kecobd.J Each couirty court shall keep a record 2 of insanity proceedings, in the form hereinafter in this act prescribed, in which 3 shall be made such entries as will, together with the papers filed, preserve a 4 perfect record of each proceeding. The original petitions, warrants and returns 5 maide thereto, and findings or verdicts of commissioners or juries, shall be filed 6 with the derk and a copy of the record, whether the person be found to be sane 7 or insane, shall in each case be furnished to the Charities Commission. Sec. 1363. Insane person kept at expense op state.] All insane persons 2 admitted to any state hospital or asylum for the insane shall be maintained and 3 treated, while in the institution, at the expense of the state, but the cost of doth- 4 ing, transportation and other incidental expenses not constituting any part of the 5 maintenance or treatment, shall be defrayed at their own expense, or that of the 6 county from which they were admitted. Sec. 1364. Court to inquire into pecuniary condition of person charged 2 with lunacy.] It shall be the duty of the court alt th© time of each inquest in 3 lunacy to inquire into the pecuniary condition of the person alleiged to be insiane 4 and that of the relatives who are bound by law to maintain him. PaJtients com- 5 mitted to any stajfce hospital or asylum for the insane shall be designated as pri- 6 vate or county paJtients. Private patients are such as are of sufficient pecuniary 7 ability to pay for their own clothing and incidental exipenses while in the institu- 8 tion, and ail others shall be entered upon the docket as county patients. Sec. 1365. Commitment op insane person to hospital — poems of ceetifi- 2 gate and eeceipt.J Upon the entry of an order of commitment of any insane- 3 person to a hospital for the insane the clerk of the county court shall prepare a 4 certified copy of the entries in the register and minute book pertaining to the 5 proceedings and shall deliver the same to the sheriff, or any suitable person, pre- 831 6 ferring some relative of the insane person when desired, and shall specify in the 7 certificate that the same is delivered to the isheriff or dthe'r person for the execu- 8 tion of the order of the court. When necessary the clerk may also specify in the 9 certificate that the sheriff or other p«rson may employ one or more assistants : 10 Provided, however, that no female patient shall be taken to the hospital or asylum 11 by any person not her husband, father, brother or son, without the attendance 12 of some other female of reputable character and of mature age. Upon receiving 13 such certified copy the sheriff or other person shall convey the insane person to 14 the hospital or asylum and shall deliver such insane person to the superintend- 15 ent thereof, who, excepting as may be hereinafter otherwise provided, shall, with- 16 out delay, admit such insane person as a patient in said hospital, and shall 17 execute and deliver to such sheriff or other person a receipt therefor in the form 18 hereinafter prescribed^ which receipt shall be returned by such sheriff or other 19 person to the clerk of the court to be filed with the other papers relating to the 20 proceeding. The following forms of certificate of the clerk and receipt in this 21 section provided for shall be deemed sufficient and shall be taken as furnishing 22 suggestions from which other certificates and receipts may be properly framed : 23 1. Certificate to sheeiff. 24 In the County Couet of Cook County, Illinois. 25 In the matter of 1 ^Insane. No. 50. 26 Richard Roe. J 27 Cebtificate. 28 I, William Brown, clerk of the county court of Cook county, Illinois, do 29 hereby certify that the above and foregoing is a true copy of the register and 30 minute book in the above entitled proceeding and that the same is delivered to 31 the sheriff of Cook county for the execution of the order therein. 32 Witness my hand and the seal of said court at Chicago, Illinois, this 33 '17th day of February, 1908. 34 William Bbown, Clerk. 35 Note. 36 _ When assistants are authorized to be employed the above form may be varied 37 from by inserting after the words "the same is delivered to the sheriff of Cook 38 coomty for the execution of the order therein" the words "and that said sheriff 39 is authorized for that purpose to employ tw'o (or whatever other number may be 40 authorized) assistants." ' 41 2. Eeceipt of superintendent. 42 In the County Court of Cook County, Illinois. 43 In the matter of I Insane. No. 50. 44 Richard' Roe. 45 Receipt. 46 Reoeived this 24th day of February, 1908, from George Smith, sheriff of 47 Cook CDtmty, Illinois, Riohard Roe, to be detained in the (here specify the name 48 i>t the .hospital or asylum) in accordance with the order entered in the above 49 entitled proceeding. 50 Samuel Jones, Superintendent. Sec. 1366. Duty of superintendent when there is no room for admission 2 OF person committed thereto.] Whenever, upon the delivery of any insane per- 3 son to the superintendent of the hospital for the insane, there is no room in such 4 hospital for the admission of such insane person and the county from which 5 such person is sent shall have its full quota of patients in said hospital the su- 6 perintendent thereof shall return to said county one quiet, harmless, chronic 7 patient; but should said county not have its full quota of said patients in said 8 hospital, the superintendent shall return one quiet, harmless, chronic patient to 9 any county which may have patients in said hospital in excess of its quota, and, 10 should no county have patients in said hospital in excess of its quota, the super- 11 intendent shall select the most quiet, harmless, chronic patient in said hospital 12 and return him to the county from which he was committed in order to make m 13 room for the patient recently adjudged insane: Provided, however, that, if a hoe 14 pital or asylum for the chronic or incurable insane shall be established, suck 15 chronic patient may be sent to such hospital or asylum for the chronic or incur- 16 able insane; an.d provided further, that in case it shall not be found possible to 17 admit such patient to a state hospital or asylum for the insane the court where 18 such inquest is had may make such further order in the matter as may be requis- 19 ite and lawful. j Sec. 1367. Private patient not keceived — exception.] No private patient 2 shall be received into any state hospital or insane asylum for the insane, unless, 3 at or be-fore the time of has admission, there shall have been filed with the super- 4 intendent a bond, with two good and sufficient sureties, approved by the county 5 judge, executed to the charities commission, and conditioned that the ob- 6 ligors shall find the patient in suitable and sufficient clothing, while he may remain 7 in the institution, and piropeiiy pay for any articles of clothing furnished or other 8 necessary iaeidenta)l expenses incurred by the institution on acco'unt of said pa- 9 tiejpit, and remiove him when required by the commission; and in case of failure 10 upon the part of the commission to recover upon any bond as approved by the 11 county judge., the county shali become liable to the institution for the amount 12 due from the said obligoxs. Sec. 1368. Communication with feiends peemitted when.] Every patient 2 admitted into any public or private hospital or asylum for the insane shall have 3 all reasonable opportunities and facilities for communication with his friends, 4 and shall be permitted to write and send letters, provided they contain nothing 5 of an immoral or personally offensive character, and letters written by any pa- 6 tient to the charities commission, or to any state or county official shall be for- 7 warded , unopened. Sec. 1369. ^^ES-TEAiNT AiiLOWED ONLY WHEN.] - No patient shall be placed in 2 restrasint or seclusion, in any hospital or asylum for the insane in 'the state, ex- 834 3 cept by tihe order of the physician in charge; all such orders "shall be entered 4 upon a record kept for that purpose, which shall shoiw libe reason for the order in 5 each case, and which shall be subject to inspection by the charities commission, 6 and such record shall at all times be open to public inspection. Sec. 1370. AuTHOBiTY to dischabge patients vested in trustees.] Authority 2 to discharge patients from either of the state institutionis for the insiane is vested 3 in the charities commission who are authorized to delegate it to the superintend- 4 ent, under such regulations as they may see fit to adopt. Discharges- may be 5 made for either of the following causes, namely : Because the person adjudged 6 to be insane is not insane, or because he has recovered from the attack of insan- 7 ity or because he has so far improved as to be capable of caring for himself, or 8 because the friends of the patient request his discharge, and in the judgment of 9 the superintendent no evil consequence is likely to follow such discharge, or be- 10 cause there is no prospect of further improvement under treatment, and the 11 room occupied by an incurable and harmless patient is needed for the admission 12 of others who are unsafe to be kept at large or probably curable. Authority is 13 also vested in the commission to release the patients on parole for any term not 14 exceeding three months ; and, if not returned to the institution within that period, 15 a new order of commitment from the county court shall be necessary in order to 16 the readmission of any such paroled patient to the institution : Provided, that the 17 court may make such order upon the old verdict, if satisfied that the patient in 18 question is still insane. But no patient who is violent, dangerous or more than 19 usually troublesome or filthy, shall be discharged from any state institution and 20 sent back to any county farm, almshouse or insane department thereof. And no 21 patient who has not recovered his reason or who is charged with crime shall be de- 22 clared discharged until at least ten days after notice shall have been given to the 23 county court having jurisdiction in the case, in order to enable the said court to 24 made some proper order as to the disposition of the said patient, when so dis- 25 charged, which order shall be entered of record, and a copy of the entries on 26 the register and minute book pertaining to the proceeding shall be furnished to 27 the superintendent, and to the charities commission. Sec. 1371. Not discharged without suitable clothing and money.] No 2 person sihiaJl be discharged from a state hospital or asylum for the insane with- 3 OTit siuitable oloitihinig and a sum of money, not exceeding twenty dollars, sufficient 4 to defray his expenses home, which shall be charged to the patient, if a private pa- 5 tient, and if a ooiunty patient, to the county, and collected as other debts due the 6 institution are collected. Sec. 1372. Entitled to habeas corpus.] Every person confined as insane 2 shall be entitled to the benefit of the writ of habeas corpus, and the question of 3 insanity shall be decided at the hearing, and if the court shall decide that the 4 person is insane such decision shall be no bar to the issuing of the writ a second 5 time whenever it shall be alleged that such person has been restored to reason ; "6 and if i&aid person shall be adjudged sane, on presentation of a certified copy of 7 said judgment to the county court where the inquest was had, such court shall re- 8 scind land set aside the judgment of insanity. See. 1373. Discharged — receipt op superintendent.] Whenever notice shall 2 have 'been given to any county court that any patient committed to any hospital 3 or lasylum in this state, under the order of said court, has been discharged cured, 4 upon receipt of such notice signed by the superintendent the court shall enter an ■ 5 order restoring the patient in question to all his rights as a citizen, and, if a con- 6 servator of his estate shall have been appointed, the said conservator shall be re- 7 moved. At any time, subsequent to the discharge of any patient, the county court 8 may hear evidence tending to show that said patient has been restored to reason 9 and, if satisfied of his recovery, may make and enter a similar order, and thereaf- 10 ter the said patient shall not be liable to be again committed to any hospital or 11 asylum for the insane without a new inquest in his case, 836 Sec. 1374. Escape.] If any patient shall escape from the 'hiospital it shall be 2 the duty of any sheriff or officer of the peace in any county in which he may be 3 found to apprehend and detain him, and to report the same to the county court 4 of said county, who shall return him to the institution at the expense of the county 5 from which he was committed. Sec. 1375. Death op patient — ^peoceedings.] In the event of a sudden or 2 mysterious death of any inmate of any public or private hospital or asylum for 3 the insane, a coroner's inquest shall be held, as provided by law in other cases, 4 notice of the death of a patient and the cause thereof shall, in all cases, be given 5 to the court having jurisdiction over such patient, and the fact of his death, with 6 the time, place and alleged cause, shall be entered upon the register and minute 7 book. Sec. 1376. Conspiracy to commit— pest alty.] Any person who shall conspire 2 to commit any person to any hospital or asylum for the insiane unlawfully or 3 improperly, o^r any person who shall receive or detain any insane person, oon- 4 trairy to the provisions of this act, or any person who shall maltreat any insane 5 person, or any persion who shall violate any provision contained in this act, shall 6 be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined 7 not exceeding one thousand dollars, or imprisoned not exceeding one year, or 8 both, at the discretion of the court in which such conviction is had. Sec. 1377. Costs of peocebdings.] The costs of proceedings in inquests of 2 lunacy in case of county patients shall be defrayed from the county treasury ; but 3 in case of private patients, if the person alleged to be insane is found to be insane, 4 they shall be paid by his guardian or conservator or relatives out of his estate, as 5 the court may direct. In all cases where the person alleged to be insane is found 6 not to be insane, the court may, in its discretion, require that the costs shall be 7 paid by the person who filed the petition provided for in this act and award 837 8 judgment against him therefor. The fees paid for jury service, attendance of 9 witnesses and execution of legal process shall be the same which are allowed by 10 law for similar services in other cases. For services as commissioner to make in- 11 quests the sum of five dollars per day and the actual and necessary traveling 12 expenses shall be allowed' and paid to each person so employed. But when any 13 person having a residence in this State shall be adjudged to be insane by the 14 county court of any county of which he is not a resident, the county court in the 15 county in which the said person resides shall be fumished with a transcript of 16 the record and finding in the case, and thereupon the said county shall become 17 liable for the cost of proceedings and for the cost of clothing, transportation 18 and other incidental expenses of such patient while in the institution. And when 19 'any soldier or sailor in any 'soldiers' and sailo'rs' home shall be declared insane, 20 such soldier or sailor shall be received by some state hospital. Sec. 1378. Not to apply to persons in custody on ceiminal chaege.] Noth- 2 ing in «this act shall be construed to apply to insiane persons, or persons supposed 3 to be insane, who are in custody on a criminal charge. Sec. 1379. Convicts in penitentiaey may be admitted when.] Ins'ane con- 2 victs in the state penitentiaries may be committed to the asylum f O^r insane crim- 3 inals without formal inquest on the certificate of the penitentiary physician. Sec. 1380. Insane persons — non-eesident may be admitted when.] Insane 2 persons not residents of this State shall not he detained in any private institution 3 for the insane of this State unless committed thereto in accordance -with the laws 4 of the state O'r territory of which they are residents, O'r with the laws of this 5 State. Sec. 1381. Early stages op insanity— treatment.] Any person who may be 2 in the early stages of insanity who may desire the benefit of treatment in a State 3 or licensed private hospital for the insane as a voluntary patient, may be ad- 4 mitted to such hospital on his own written application, accompanied by a certifi- 5 cate from the county court of the county in which such applicant resides, stating 6 that such person is a private or county patient, as the case may be, and such per- 7 son shall, if admitted to a State or licensed private hospital for the insane, have 8 the same standing as other private or county patients : Provided, that all volun- 9 tary patients shall have the right to leave the hospital at any time on giving 10 three days' notice to the superintendent. Sec. 1382, Acquittal of crime on plea op insanity — proceedings.] In all 2 cases where any person is sent to a State hospital for the insane, being acquitted 3 of crime on the plea of insanity, or being under indictment for crime, the state's 4 attorney in charge of the case shall officially notify the superintendent of the hos- 5 pital to which the accused is sent, of any indictment pending against such person, 6 or of the fact that the accused has been acquitted of his crime, on the plea of in- 7 sanity, and it shall be the duty of the superintendent so notified, in case such 8 superintendent shall at any time discharge the accused, to officially notify the said 9 state's attorney of the fact of such discharge and the reasons therefor. Sec. 1383. Superintendent to furnish clerk with list.] Each superin- 2 tendent of any hospital for the insane in this State, shall hereafter, on the first 3 day of January and July of each year, furnish the clerk of the county court of 4 the proper county thereof, with a full and complete list of all insane patients 5 confined in said hospital from said county, stating the date of admission of each, 6 whether said patients be paupers, the present physical and mental condition of 7 each; also giving the names of such as may have died or been discharged since 8 last report, with date of such death or discharge. Sec. 1384. Penalty.] Any such superintendent failing to comply with the 2 foregoing section shall be liable to a fine of one hundred dollars for each failure, 3 to be collected by suit, in the county wherein such hospital is situate, on complaint 839 4 of such clerk of tlie oount^'^ court, or other person having relatives or friends ooq- 5 fined in said hospital. Sec. 1385. Blank forms to be prepared.] It shall be the duty of theAttor- 2 ney General, immediately upon the taking effect of this act, to prepare or cause 3 to be prepared, suitable forms, in addition to those prescribed by this act, of 4 papers to be used in insanity proceedings, which shall be uniform, as near as 5 may -be, throughout the state, and submit the same to the judges of the supreme 6 court for their approval, and the forms so prepared and approved shall be 7 adopted and used by all courts of this State exercising jurisdiction in such pro- 8 ceedings. DIVISION LVI. PRACTICE IN COURTS OF RECORD IN PEACE PROCEEDINGS. Section ■ 1386. Complaint — requisites — form. 1387. Filing complaint — order for warrant — form. 1388. Arrest of defendant — hearing — order — recognizance — form. 1389. Discharge or commitment of defend- ant. 1390. Costs of prosecution. Section 1 39 1. Appeal — recognizance — form. 1392. Defendant committed discharged when. 1393.. Sureties may surrender principal. 1394. Persons surrendering may recognize anew. 1395. No dismissal for informality, etc. Sec. 1386. Complaint — requisi tes— form.] When any person shall com- 2 plain to a court of recoi^d that a person has threatened or is about to commit 3 an offense against the person or property of another, such complaint shall be 840 4 reduced to writing and shall be subscribed and sworn to by the person complain- 5 ing. Such complaint shall contain a concise statement of the offense alleged to 6 be threatened or to be abont to be committed, the name of the person alleged to 7 have threatened or to be about to commit the offense, and that the complainant 8 has just and reasonable grounds to believe that such person is aibout to commit 9 such offense. The following form of complaint shall be deemed sufficient and 10 shall be taken as furnishing suggestions from which other complaints may be 11 properly framed: 12 In the County Court of Will County, Illinois. 13 The People of the 14 State of Illinois 15 V. 16 Eichard Roe. Peace Proceeding. No. 25. 1 7 Complaint. 18 John Doe, who prosecutes in this behalf in the name and by the authority 19 of the Peiople of the State of Illinois, on his oath complains and says that on the 20 first day of January, 1908, at Joliet, in said county of Will, Eichard Eoe did 21 unlawfully threaten that he, the said Eichard Eoe, would kill and murder him, 22 the said John Doe, against the peace and dignity of the same People of the State 23 of Illinois. John Doe. 24 Subiscribed and sworn to before me this 10th day of January, 1908. 25 Thomas Jones, Clerk. Sec. 1387. Filing complaint — ordee foe waerant — form.] The complaint 2 so subscribed and swo'm to shall be delivered to the clerk of the court, who shall 3 thereupon file the same and forthwith bring the same to the attention of the 4 court and the court may thereupon further examine the complaining witness and 5 any witness produced by him. If, from the said complaint and from such evi- 6 dence as may be produced before the court in support of the same, the court is 7 satisfied that there is danger that such offense will be committed, the ease shall 8 be duly entered by the clerk in the proper register and minute book under the ■ -' '■' ' 841 - ■ -..-.,- . J 9 title of the People of the State of Illinois against the person accused, and the 10 court .stall ©rder the clerk to issue a warrant directed to the sheriff and all 11 eonsfcaibles of the county requiring them to forth'with apprehend the person com- 12 plained of and bring him before the court and such warrant shall thereupon be 13 isssu-eid by the clerk and may be in substantially the following form: 34 In the County Coukt oo? Will CotTNiTY, Illinois. 15 The People of the 16 State of Illinois 17 V. 18 Bichard Roe. . Peace Proceeding. No. 25. 19 Waebant. 20 The People of the State of Illinois — Greeting to the sheriff and all constables of 21 Will county: 22 We ooimmand you that you take Richard Roe and him saJely keep so that you 23 have his body instanter before the county 'Court of Will county, at the county 24 oourtthiouse in Joliet, in said county, to answer to the People of the State of 25 Illinois for haiving threatened to kill and murder one John Do©, with which the 26 said Richard Roe stands charged in our said court as by a certain complaint on 27 oath pr^'ferred against him and filed in said court in that behalf aippears, and to 28 be dealt with according to law. 29 Witness Jo^hn Jones, clerk of ooir said county court and the seal thereof at 30 Joliet, aforesaid, this 10th day of Janua.ry, 1S08. 31 John Jojnbs, Clerk. ^ec. 1388. Aekbst of defendant — heabing — oedeb — eecognizance — fobm.J 2 The officer to whom the warrant is delivered shaU execute the same, when prac- 3 ticable, by arresting the defendant and bringing ihim before the court. When « 4 the defendant is brougiht before the court, if the charge is controverted, the 5 testimony of both sides shall be heard. If it shall appear to the court that 6 there is no just reason to fear the commission of the offense the defendant 7 shall be disohar'gjed ; and, if the court be of the opinion that the prosecution was , 842 8 oommenoed maliciously without proper cause, the court may give judgment 9 against the complainant for the costs of the prosecution. If, however, there is 10 just reason to fear the commission of such offense the defendant shall be re- 11 quired to give a recognizance with sufficient security in such sum as the ooiurt 12 may direct to keep the peace towards all the people of the state, and especially 13 towards the person against whom or whose property there is just reason to 14 fear the offense may be committed, for such time, not exceeding twelve moniths, 15 as the court may order. Such recognizance may be in substantially the follow- 16 ing f orm, to-wit : 17 In the County Coitet of Will County, iLLiNoit;. 18 The People of the 19 State of Illinois V. Peace Proceeding. No. 25. 20 Richard Boe. 21 Recognizance. 22 This day personally appeared before the undersigned, judge of the county 23 court of Will county, Richard Roe, as principal, and William Roe and William 24 Smith, as sureties, and jointly and severally acknowledged themselves to owe and 25 to be indeibted unto the People of the State of Illinois in the penal isum of five 26 hundred dollars ($500) to be levied of their goods and chattels, lands and tene- 27 ments, respectively, in such manner as the law directs, 28 The condition of this recognizance is such that if the above bounden 29 Richard Roe shall keep the peace towards all the people of this state, and 30 especially towiards John Doe of said Will county, for six months from the 12th 31 day of January, 1908, then this recognizance is to be void; otherwise the same 32 is to be and remain in full force and effect. 33 Witness our hands and seals at Joliet, Illinois, this 12th day of January, 34 1908. Richard Roe, [seal. J 35 William Roe, [seal.] 36 William Smith, [seal.] 843 37 Taken, acknowledged and entered into before me this 12tli day of January, 38 1908. . ■: .f i :^ William Jones, Jtt(Z^e. Sec. 1389. DisoHABGE or commitment of defendant.] If the person so 2 ordered to recognize complies with the order he shall be discharged, but if he 3 refuses or neglects the court shall order him committed to jail during the period 4 for which he was required to give security, or until he so recognize, stating in 5 the order the cause qf the commitment with the sum and time for which the 6 security was required. -— - . ,. -. ... . , Sec. 1390. Costs of prosecution.] When a person is required to give se- 2 curity to keep the peace or foT his good behavior the court may further order 3 that the costs of proseoution, or any part thereof, shall be paid toy such person, 4 wiho shall stand committed until the costs are paid 'or he is otherwise legally dis- 5 charged. ! _^ , ^C ** . ^. i Sec. 1391. Appeal — ^recognizance — form.] Whoever is aggrieved by the 2 order of the court requiring him to recognize as 'aforesaid may prosecute an 3 appeal from such order to the 'appellate court of the proper district by filing in 4 the oflSce of the clerk of the court in which the order is entered a notice of ap- 5 peal, land entering into a recognizance conditioned that be will pay the costs of 6 the appeal in case the order is affirmed or the appeal dismissed, and that he 7 will keep the peace towards all the people of this state, and especially towards 8 the person against wfction^of INFORMATION — FORMS.] 'The intreduetion of an 2 information shall ispecdfy the court in which >the same is fried, 'the names of 3 the parties andthe nuamber and-dassifieation of 'the-acti&n, and shall recite that 4 the officer, giving his name, and his office, or the other pepsen, -giving Ms name, 5 in the name and by the authority of the People of the State ef Illinois, gives 6 the court to understand and be informed, and shall be thereafter followed by 7 the description of the offense. The following shall be deemed sufficient forms 8 of inltroductions -to informiafeions and, shall be taken as furnishing suggestions 9 from which other forms of introductions may be properly framed : 10 1. Introditction of information by attorney general. 11 In the Criminal Court of Cook County, Illinois. 12 The People of the 13 'State of Mimois 14 V. 15 Biohard 'Boe. -Criminal. No. 25. 16 Information. .17 John 'ilussiell. Attorney 'General of the State of Illinois, in the sname and by 18 :!the ailthoidty of ithe People of the StaJte ^ Illinois, gives the court to mnd'er- 19 isitanid laaid ibe iirforimed ithat 20 2. Introduction of information by state's attorney. 21 In the Criminal Court of Cook County, Illinois. 22 The People of the " 23 Sitate of Illinois 24 V. 25 ;Eichiard Eoe. Criminal. No. 25. 26 Information. 27 John Brown, (state's attorney in and for the oounty of Cook and State of 28 Illindis, in the name and by the authority of the People rof nthe ■State tof Illinois, .29 gives (the court to undersitand and be informed that 874 30 3. Intkoduction of infoemation filed by peeson other than attoeney 31 GBNEEAL OB STATE 's ATTOENEY. i 32 In the Ceiminal Couet of Cook County, Illinois. 33 The People of the ] 34 State of Illinois 35 V. 36 Eichard Boe. ■Crimiinal. No. 25. 37 Infoemation. 38 John Doe, in the name and by the authority of the People of the State of 39 Illinois, gives the court to understand and "be informed that Sec. 1453; Desceiption of offense — foems.] The description of the offense 2 in an information shall describe the offense committed either in the language of 3 the statute or lamguage substantially equivailent thereto, if the saane be an 4 offense created by statute, or in language sufficient to express the facts oon- 5 stituting the same, if the saane- be an offense aJt common law, or it may describe 6 the same in an abbreviated form as hereinafter provided for ; and it shall also 7 name the person charged with the commission thetreof and specify the date when, 8 and the coumty and state in whifeh, the same was committed. The following shall 9 be deemed sufficient form® of descriptions of offenses in informiatiomsi, when the 10 same are not abbreviated as hereinafter provided for, aed isihall be taken as 11 furnishing suggestions from which ofther descriptions of offenses in informations 12 may be properly framed: 13 1. Desceiption of offense of arson. 14 Eichard Eoe on the 10th day of January, 1908, in Cook county, Illinois, did 15 wilfully, mialiciousily and feloniously bum a dwelling house of one John Doe. 16 2. Description of offense of duelling. 17 Eichard Eoe on the 10th day of January, 1908, in Cook coimty, Illinois, did 18 wilfully and unlawfully fight a duel with- one John Doe with deadly weapons 19 commonly called pistols. 875 Sec. 1454. Conclusion of information.] Every infonnation shall conclude 2 with the words "against the peace and dignity of the same People of the State 3 of Illinois.". , ,, Sec. 1455. Information fob murder or manslaughter — abbreviated form.] 2 Hereafter it ©hall not be necessary in any intformation for the crime of murder 3 or manslaughter to specdfy the form or means by which the death of the person 4 murdered was occasioned. The description of the offense in an information for 5 murder may be set forth in an information in :an abbreviated form, which shall 6 express the crime by the name given thereto by law, the name of the person oom- 7 matting the crime, the name of the person murdered and the day on which and 8 the county in which the crime was committed. The f oUowiaig shall be deemed a 9 sufficient abbreviated form of the description of the offense of murder in an in- 10 formation and shall be taken as furnishing suggeistions from which other 11 descriptions of such offense in informations may be properly framed : 12 Eichard Roe on the 8th day of January, 1908, in the County of Cook and 13 State of Illinois, did murder John Doe. 14 Such descraption of the offense in an informaltion shall be taken and oon- 15 strued -to mean that the defendant, Eichard Boe, on the day and in the county 16 and state specified, feloniously, wilfully and of his malice or forethought did kill 17 and murder John Doe. Sec. 1456. Information for larceny — abbreviated forms.] The description 2 of the offense in an information for larceny may be set forth in an abbreviated 3 form, which shiall specdify the name of the person committing the crime, the 4 crime committed, the property stolen, the name of the owner theireof and the 5 day on which, and the ooumty in which, the crime was committed. The follow- 6 ing sihall be deemed sufficient abbrteviated forms of the description of the offense 7 of larceny and shall be taken as furnishing suggestions from which other de- 8 scriptions of the offense in informationis may be properly framed: 876 '9 Poem No. 1. 10 Biehard 'Roe on -the ^h day ^of February, 1909, m the oouirty of Oook and 11 State of lUiniodis, did steal one gold watoh of lihe value of one •ferai'dTed dollars 12 ($100), the personal goods of John Doe. , 13 Poem No. 2, 14 Riobard Roe on the 8th day of February, 1908, in the ©onnty of Cook and 15 State of Illinois, stole John Doe's gold waftoh of the value of 'one. hxmdTed dollars 16 ($100). i i 17 Sueih description of the d-ffenee in an information shall be taken and con- 18 strued to mean that the defendant, Richard Roe, on ihe day and in the county 19 aad state specified, one gold ■watch of the value of one hundred j dollars ($100) 20 of the personal goods of John Doe, then and there being found, then and there 21 f^loni'onsly did siteal, take and carry away. Sec. 1457. Infoemation foe bueglaey — abbeeviated foems.] The description 2 of an offense in an information for burglary may be set forth in an abbrevi- .3 ated form -which shall specify the name of the person committing the crime, 4 the building or other structure entered and the owneir thereof, 'and the day on 5 which, and the county and state in which, the crime was committed, and shall 6 allege the burglarious entry of such building or istructure by the defendant "witih 7 the intent to commit murder, robbery, rape, mayhem or other felony, or larceny. 8 If the 'burglariious entry were made in 'the night-time, and that &uat 'he material, '9 it'^hall'be so alteged, and if, at the time' of ooanmattiaag the offense, the 'defendant 10 was found with any deadly weaipon, deadly dirug, or anaesthetic upon his person 11 or in his posisession and tbatfact be malterial, it shfflUibe so alleged. The follow- 12 ing shall be deemed sufficient abbreviated forms of the description of the oflfense 13 of 'burglary and shall be taken as furnishing isuggestions from whdeih other de- 14 sordptions of ^the affenee in informations may be -properly framed: 877 15 FoEM. No. 1, 16 Riohaj-diBoe on theii^Stihidiay of-JaiiBary, 1908, m. tshe oonnty of Oook and 17 State of niinois, did burgliariously ©nter in tlneTnightytime the dwelling-lioaiisiet of 18 Joka- Doe with, intent toi steal John Doe 'a personaL good®. 19 ' Such, description of the offense in an informaJtion shaill be taken and. oon- 20 istrued, to mean that the defendant, Eicharrd Eoe, on tie daijr, audrdn 'the'.«o.ia!aity andi 21 state specified, the dwelling-house of one Jtoim Doe there situated fedemioaisly: 22 anA burgiariously did break and enter in the ni'ght- time, mtbinteait the personal 23 goods of said John Doe in said drwelling-house then and there beamg, felomoaisly 24 and burglariously to steal, tafce and carry away. 25 Form No. 2. 26 Richard Roe on the 8th day of January, 1908, in the county of Cook and 27 State off Illinois, did bur^aiiouigiy enter in the nigihititimK the dtweilng^house of 28 John Doe witlninteait to' murder said Joka Do©,i he, saidt Biehard Roiei,; being: 29 found witka revialver upon his* person'. 30 Sweii description, of the offense in an imformaltion skalL be taOssm; emSs ©on^- 31 straed to mean that the defendant, Richard Ro€?,. on tke day and. in. tto GEnmtjr 32. and sitate specified, tke dwelling-house of one John Doe there situiate Moniously 33 and burglariouisly did break and enter: in the; nightrtime, with intent said, Jokn. 34 Doe in said dlwelling-bouse then and there being, of kis imaiicei affioHHthoiagkt, 35 burglariously and feloniously to kill and murder, key tke said Richard Roe being, 36' liien and tkeire f ooiind' kaving upon kis person a certain deadly waapfflEi com*- 37 monly called a. revolver. Sec. 1458. Duty of attosney gbneeal to prepare forms — approval op 2 JUDGES of supreme COURT — PUBLICATION.] It skall be tke duty of tke Attorney 3 Greneral, as soon after tke taking effect of this act as may be practicable, to 4 prepare, or cause to be prepared, abbreviated formis of informations in all 5 criminal actions in which tke descriptions of offenses may be conveniently ab- 6 breviaited. Such abbreviated forms shall be modeled after those set forth in 7 the preceding sections and shall be accompanied by 'statements of the meaning 8 and effect thereof, and the same shall be submitted to the judges of the supreme 9 court for their examinaJtion and approval in writing. In case such forms, or 10 any of them, shall be approved by said judges or by a majority of them, the 11 Attorney General shall deliver the same with the approval of said judges to 12 the Secretary of State, who shall publish and distribute the same in printed 13 form, free of charge, to all the persons and institutions to which the Illinois 14 Eepoirts New Series are required to be distributed, and from and after their 15 publication as 'aforesaid such forms shall be received and accepted in all courts 16 in this State as good and sufficient forms of descriptions of offenses in informa- 17 tioos. I 1 :, Sec. 1459. When name of proseoutoe to be endoksed— malicious pkosecu- 2 TioN.J No infonnation for false imprisonment or wilful and malicious mischief 3 shall be filed unless a prosecutor is emdorsed thereon with his consent, or the 4 same be filed upon the information of some public officer in the necessary dis- 5 charge of his duty, in which case there shall be an enidonsement thereon sihowing 6 how the same As found, and then no prosecutor sihall be required ; but in a case 7 where a prosecutor is emdorsed on the information and the defendant shall be 8 acquitted on trial the petit jury acquitting such defendant shall find, in addition 9 to the verdict of "not guilty," whether the prosecutor had acted maMoiously by 10- instituting the prosecution or not; and whenever the petit jury shall return, 11 with a verdict of "not guilty," that the prosecutor bad acted maliciously in 12 the premises, the court shall enter judgment for costs against the prosecutor, in- 13 eluding a fee of ten dollars ($10) to the Attorney Greneral or State's attorney, 14 and the same shall be collected by execution as in civil cases: Provided, how- lb ever, that nothing herein contained shall render the prosecutor incompetent to 16 be a witness before a petit jury. 879 . • . Sec. 1460. iNSTRUMEiirT destboyed.] When an dnstruiment, wMcli is a sub- 2 ject of an information, 'hais been destroyed' or witMield, by the act or procure- 3 ment of 'the defendant, and the fact of isucb. destmxjtion or iwithli'oMing is alleged 4 in tbe inf ormation and establislied on trial, the accused shall not be acquitted on 5 account of any mis-description of the instrument so withheld or destroyed. Sec. 1461. Fixing AMOUNT OF BAIL.] When an information is filed without 2 leave of court, or leave is given by the court to file the same, the court shall 3 make am order fixing the amount of bail to be required of ithe accused, and the ' 4 amount so fixed S'hall be indorsed upon the information. Sec. 1462. Bailable offenses.] All persons shall! be 'bailable before oonvio- 2 tion, except for capital offenses where the proof is evident or the presumption 3 great. • Sec. 1463. How amount of bail determined.] In a case in which the punish- 2 ment provided by law is a fine only, the amount of the bail to be required of the 3 defendant ^all in no case be more than twenty per cent, in exc©S)S of the 4 amount of the maximum fine so provided. In case the punishment is imprison- 5 ment in the county jail, a work-house or a house of correction without a fine in 6 addition thereto, the amount of bail to be reqxiired of the defendant shall not 7 exceed one hundred dollars ($100) for each month of the maximum imprison- 8 ment so provided. In case the punishment is both imprisonment in the county 9 jail, the work-house or a house of correction and a fine, the amount of such bail 10 shall not exceed one hundred dollars ($100) for each month or fractional month- 11 of such maximum imprisonment, and in addition thereto a sum not more than ten 12 per cent, in excess of the maximum fine therein provided. In case the punish- 13 ment may be imprisonment in the penitentiary, the amount of such bail shall be 14 such sum as, in the opinion of the court, will insure the appearance of the defend- 15 ant in accordance with the terms of the recognizance: Provided, however, that 16 excessive bail shall not be required and that the same, shall, in no ease exceed 17 twenty-five thonsand doUans ($25,000), and that whein. several; infctranations 18 against the saane defenldaoit are pending in, the isiaane court at the same time,, the 19, total bail, required in all of saidi informations shall, not, exceed fifty thousand 20 dollars ($50,000)i. Sec. 1464. Deposit in lieu op bail — eorm.] In, lieu of giving, bail the de- 2 fenidant shall, if. he so elect, be permitted to deposit with the clerk of the court 3 in which, the iofarmation is filed a sum in ea®h as security that he 'wilLpersonally 4 be and appear before the' court in which the information is filed from day, to 5 day thereafter until the final sentence or order of the court, and albide the order 6 of the court in all things and not depart the same without leave. In case the 7 punishmeint of the offense is a fine only, the amount 'of the deposit so to be re- 8 quired of the defendant shall in no case be more than fifty per cent, of the 9 maximum. fine provided by law. In case, the punishment is imprisonmeijt in 10 the county jail, a wori-ihouse or a house of eorreotion without a fine in addition 11 thereto, the amount of such deposit required of the defendant shall not exceed 12 seventy-five dollars ($75) for each month of the maximum imprisonment pro- 13 vided by law. In case the punishment is both imprisonment in the county jail, 14 a work-bou'se or a house of correction and a fine,., the amount of such, deposit to 15 be required of the defendaat shall not exceed seventy-five dollars ($75) for each 16 month of. is>uch maximum imprisonment and a further sum of not more than. 17 fifty, pec cent, of the aanounfc of the maximum fine. When thepunisihment may 18 be oonfinemeiit in the penitentiary, the amount of such deposit shall be a sum 19 equal to eighty per cent, of the amount of the" bail fixed by the court, Sudh 20 cash, deposit may be declared forfeited by the court in like manner as a reeogni- 21 zanee, and when so forfeited the same shall be paid into the county treasury. 22 When such cash deposit is made the clerk shall make and deliver to the defend- 23 ant a certificate thereof, which certificate may be in substantially the following 24 form : 881 25 In the Crimin-al Court op Cook County, Illinois. Criminal. No. 47. 26 The People of the 27 State of Illinois V. 28 Eicbard. Roe. 29 Certificate of Deposit. .SO This is to certify that Eiobard Roe, the defendant in the above entitled ac- 31 tion, has this day deposited with the undersigned, ais clerk of the criminal court 32 of Cook county, Illinois, the sum of five hundred dollairs ($500), which deposit 33 is made as security that said Richard Roe sh'ail personally be and appear 34 before said criminal court of Cook county, Illinois, at the criminal court building 35 in Chicago, in said^ county, on the 17th day of Febru'ary, 1908, and from day to -36 iday thereafter until the^ final sentenice or judgmeait of the court in said action, 37 and abide the border of the court in all things and not -'depart the • same without ■38 .leave. 39 Dated; Chicago, . Illinois, February 12, 1908. 40 Henry Thomas, Clerk. Sec. 1465. When defendant released on his own eecognizance.J If, in 2 amy caise in which the punishment is not death or imprisonment in the peniten- 3 tiary, it shall appear thalt the defendant is the bead of a family residing with the 4 same in the county in which the offense is alleged to have been committed and .5 that such defendant is a poor person who is not able to give bail, it shall be 6 the duty of ^ .the -court to. accept of such defendant, in lieu of bail, his own recog- 7 nizance ; or when, in any case in which the punishment is not death or confine- 8 ment in the penitentiary, the defendant has a known place of residence in the 9 coiuilty in wfhich the offense is alleged to have been committed, and it appears 10 probable to the court that the defendant, if released upon his own recognizance, 11 will appear at such time or times as may be required by the court, it shall be 12 the duty of the court to a;coept of such defendant, in lieu of bail, his own recog- 13 nizance. Any defendant w'bQ, when released upon his own recognizance as afore- 14 said, shall fail to appear before the coairt at the time or tiimes required by such 15 reoognizanoe, shall be deemed guilty of a misdemeanor and, upon con-viction 16 thereof, shall be punished by a. fine not exceeding five hundred dollars ($500), 17 or by imprisonment in the county jail for not exceeding six months : Provided, 18 however, that no defendant shall be punished as aforesaid when his failure to 19 appear is for a cause which would authorize the court to set aside a forfeiture 20 of his recognizance. But no defendant shall be released upon his own recog- 21 nizance under this section when, at the time of his arrest, he shall be in a state 22 of intoxication, or when his release may, in the judgment of the court or officer, 23 result in a breach of the peace. ' Sec. 1466. Wabkant — foem.] The clerk of the court in which the informa- 2 tion is filed shall immediately issue a warrant for the apprehension of the person 3 therein accused diredte'd to the sheriff of the county where such persion- then is 4 or is supposed to be, and, when deemed necessary, warrants may issue to dif- 5 ferent counties at the same time or any number -of warrants may be issued to the 6 isheriff of the county in which the information is filed. Any warrant so issued 7 may be executed by the sheriff, coroner or any constable of the county in which 8 the same is issued oir by the bailiff or deputy bailiff of any municipal court in the 9 county in which the same is issued. Such warrant may ibe in isubstantially the 10 following form: 11 In the Ceiminal Court of Cook County, Illinois. 12 The People of the ] 13 Stalte of Illinois 14 V. 15 Richard Roe. ■Criminal. No. 50. 16 Wabkant. 17 The People of the State of Illinois -Greeting to the siheriff of Cook county: 18 We hereby command you that you take the body of Richard Roe, if he shall 19 be found in your county, and him safely keep so that you may ihave his body '883 20 instanter before the criminal court of Cook county, at ttie criminal court building 21 in Ohicago, in said county, to answer unto the People of the State of Illinois 22 for and concerning the crime of larceny with which the said Richard Roe 23 stands dharged in our .said court as by a certain info'rmiation preferred against 24 him and filed in sai'd court in that behalf appears. 25 Recognizance $1,000. Witness John Smith, clerk of our said 26 Cash Bail $800. criminal court and the seal thereof at 27 Chicago, lUinoiis, this 10th day of Feb- 28' ruary, 1908. 29 John Smith, Clerk. Sec. 1467. Amount of bail indoesed on warrant.] When the offense is 2 bailable' the clerk ishall indonse on the warrant the amount of the recognizance 3 or cash bail required by the oirder of the court and, if the court orders the war- 4 rant reitumable f O'rthwith, the warrant shall require the accused to be arrested 5 and brought immediately into court. Sec. 1468. Sekvice and return op warrant — bail.] The sheriff or other 2 officer s.hall arrest the person named in the warrant, and, if the offense is bailable 3 and the writ is not returnable forthwith, let him to bail if sufficient bail is 4 offereid, or, if the offense is not bailable or sufficient bail is not offered, take his 5 body to the jail of the county where the warrant is returnable and deliver him, 6 together with the warrant; to the keeper of the jail there to remain until the 7 time specified in the warrant for his bringing into co«rt, at which time the officer 8 making the arrest, or some other officer competent to act, ^all bring him before 9 the court : Provided, however, that if, after the delivery of the persion arrested 10 to the keeper of the jail, he 'Sihall offer sufficient bail, the officer shall accept 11 the same and the penson arrested shall be released from custody. If the warrant 12 is returnable forthwith, the accused shall be immediately brought .into court, 13 when be shall either be committed, bailed or tried as the court may direct ; but if 884 14 the court iSiball •not be in seission when the officer makes the arrest so that the 15 accused may be let to bail in open court, such officeir may let him to: bail .eondi- 16 tioned for his appearance 'alt the time wheoa the court mil be in session, if suf- 17 ficdent bail is offered. 'The sheriff or other officer taking such bail, ■when a 18 recognizamce is taken, shall be authorized and required to administer, oaths for 19 the purpose of ascertaining the sufficiency of the bail offered. Sec. 1469. Passing through other counties.] The officer having the cus- 2 tody of any prisoner may pass through any counties iwhich lie in his route 3 between the places of arresit and the county. to which he is taking the prisioner 4 and may lodge the prisoner in any jail on his route for safe custody for one night 5 or more as occasion may require. Sec. 1470. Costs.] The county -wh-ere the information is found shall pay 2 to the officer his reasonable charges for his services in bringing an offender from 3 another county. Sec. 1471. Letting to bail — form of recognizance.] The method by which 2 the officer making the arrest shall let the accused to bail ishall b© by the acoept- 3 ance from the accused, or from any person for him, of the amount of cash bail 4 reqnired and the execution in duplicate of a certificate of deposit in substantially 5 the form provided for in section fourteen hundred twenty- two (1422) of this act, 6 or by the laccused entering into a recognizance, in the form required by law, in 7 the amount specified in the warrant, with one or more sufficient sureties to be 8 approved by the officer. When casih bail is accepted by the officer one copy of 9 the certificate of deposit above provided for shall be delivered to the diefendamt 10 and the other copy thereof, together with the cash received as bail and the 11 warrant, shall be immediately delivered to the clerk of the court in which the 12 action is pending, who shall execute and deliver to the officer a receipt for the casih 13 so delivered. When a recognizance is taken the officer shall return the same, 885 14 together with the warrant, into the court out of which such warrant has been 15 issued and the same shall be filed by the clerk. Such recognizance may be in 16 substanti'ally the' following form : 17 In the Ceiminal Ooubt of Cook County, Illinois. 18 The People of the 1 19 State of Illinois 20 V. 21 Eichard Roe. 22 Recognizance. Criminal. No. 50. 23 This day personally appeared before the undersigned, sheriff of Cook 24 county, Illinois, Richard Roe, as principal, and Thomas Jones amd William 25 Smith, as sureties, and jointly and severally acknowledged themselves to owe 26 and to be indebted unto the People of the State of Illinois in the penal sum of 27 one thousand dollars ($1,000) to be levied of their goods and chattels, lands and 28 tenements, respectively, in such manner as the law directs. 29 The condition of this recognizance is such that if the above bounden Richard 30 Roe shall personally be and appear before the criminal court of Cook coumty, at 31 the criminal court building in Chicago, in said county, on the 24th day of Febru- 32 ary, 1908, and from day to day thereafter until the final sentence or order of said 33 court in the above entitled criminal action therein pending against him, and abide 34 the order of said court in all things and not depart the same without leave, then 35 this recognizance is to be void; etherise the same is to be and remain in full 36 force and virtue. 37 Witness our hands and seals at Chicago, Illinois, this 17th day of Fehruary, 38 190& 39 RiCHAED Roe, [seal.] 40 Thomas Jones, [seal.] 41 William Smith, [seal.] 42 'i'aken, acknowledged and entered into before me this 17th day of February, 43 1908. 44 Chaeles Beown, Sheriff. Sec. 1472. Copy of information — list of jurors, and witnesses.] Every 2 person charged wiith treason, murder or other felonious crime shall be furnished, 3 previous to his arraignment, with a copy of the information and a list of the 4 jurors and witnesisies ; in all other cases he shall, at his request ot the request of 5 his attorney, be furnished with a copy of the information and a list of the jurors 6 and witnesses. Sec. 1473. Attorney assigned to defend — compensation from county — 2 PUNISHMENT FOR RECEIVING OTHER COMPENSATION.] Eveiy peDSOu chargeid with 3 crime i&hall be allowed an attorney, and when he shall state upon oath that he is 4 unable to procure an attorney, the court sihall assign him a competent attO'iU'ey 5 who shall conduct his defense. In all cases the attorney shall have access to per- 6 sons confined and shall have the right to see and oonsoilt such persons in private. 7 An attorney assigned to conduct the defense of an accused person, as provided in 8 this section shall be allowed a just compensation foir his services to be fixed by the 9 court and payable out of the county treasury of the county in Tvhich the action is 10 commenced, upon the certificate of the piresiding judge, isuch compensation, how- 11 ever, not to exceed the isum of twenty-five dollars ($25) for each day or fraction 12 thereof, of work performed by such attorney in and about such defense. Before 13 any attorney shall receive such compensation he shall maike and file with the clerk 14 of the court, as a part of the files of the action, an aflSdavit that he has not re- 15 ceived and that he will not receive, either directly or indirectly, any coanpensa- 16 tion of any kind or character from the accused person or from any other person 17 or persons, corporation or corporations, on account of such defense. If any such 18 attorney shall receive, directly or indirectly, any compensation for his .services in 19 and about any such defense, whether from the accused person or from other per- 20 son or persons, corporation or corporations, it shall be deemed sufficient cause for 21 striking his name from the roll of attorneys of this state. 887 Sec. 1474. Arraignment— PLEA.] Upon the arraignment of a prisoner it «hall 2 be sufficient, without complying with any other form, for him to declare orally by 3 himself or his .attorney that he is not guilty, which plea shall be immediately en- 4 tered upon the register and minute book of the court by the clerk and the same 5 shall constitute the issue between the people of the state and the prisoner. It shall 6 be unnecessary fo.r the clerk to. enter upon the register and minute book that the 7 defendant 'appeared or was present at such arraignment, or at any other prooeed- 8 ing had by the court in the action, other than the entry of the judgment of sen- 9 tence by the ciourt in case of the defendant's conviction, but the presence of the 10 defendant at each and every proceeding in the action shall be conclusively pre- 11 sumed, unless the absence of the defendant at any such proceeding shall be recited 12 in a report of the proceedings settled and signed by the judge in the manner pre- 13 scribed by this act. Sec. 1475. Plea op guilty explained — evidence to be heard when.] In 2 cases where the party pleads ' ' guilty, ' ' such plea shall not be entered umtil the 3 court shall have fully explained to the accused the consequences of entering such 4 plea; after which, if the party persists in pleading "guilty" such plea shall be 5 received and reioorded and the court shall proceed to render judgment and execu- 6 tion thereon, as if he had been found guilty by a jury. In all oases where the 7 court possesses any discretion as to the extent of the punishment, it shall be the 8 duty of the court to examine wiinesises as to the aggravation and mitigation of 9 the offense. But it shall be unnecessary that the register and minute book, or any 10 other record book of the court, show the compliance with the provisions of this 11 section^ but such compliance shall be presumed in all cases unless the contrary 12 shall affirmatively appear from the report of the proceedings settled and signed 13 by the judge in the manner prescribed by this act. Sec. 1476. Standing mute.] In all cases where the party on being arraigned, 2 obstinately stands mute or refuses to plead, the court shall order the plea of 888 3 "no't guilty" to be entered in the register and nainute book- and • the trial, judg- 4 ment and execution shall proceed in the same manner as it would have don« if 5 the party had pleaded "not guilty. ' ' Sec. 1477. Disqualification removed.] No person shall be disqualified as a 2 witness in any criminal actiion or proceeding by reason of his interest in the 3 event of the same as a party or otherwise, or by reason of his having been con- 4 victed of any crime; but such interest or conviction may be shown for the pur- 5 pose of affecting his credibility : Provided, however, that a defendant in any 6 criminal action or proceeding shall only at his own request be deemed a oompe- 7 tent witness and his neglect to testify shall not create any presumption against 8 him, nor ishaill the court permit any reference or comment to be made to or 9 upon such neglect. Sec. 1478. Subpoenas.] It shall be the duty of the clerk of the court to issue 2 subpoenas either on the part of the plaintiff or of the accused. Every witness 3 who sihall be duly sulbpcenaed and shall neglect or refuse to attend any court pur- 4 suant to the requisition of such subpoena shall be proceeded against and pun- 5 ished for contempt of the court. Attachments against witnesses who live in a 6 different county from that where such subpoena is returnable may be served in 7 the same manner as warrants may be served out of the county from Which they 8 issue. A subpoena may be served by any person who, by the terms of this act, is 9 authorized to serve a sumimons in any action at law. Any officer authorized to 10 serve a summons shall serve a subpoena in a criminal action when requested to 11 do so either by the state's attorney or by the defendant, without requiring pay- 12 ment therefor of his fees in advance. Sec. 1479. Mode oe pboceduke — tbansceipt of testimony.] All trials for 2 criminal offenses shall be conducted according to the course of the common law, 3 except when this act points out a different mode, and the rules of evidence of the 889 "^ ■ 4 oommon law shall also be binding upon all courts and jurors in crittrinail cases, 5 exoepfras otherwise provided by law. So far as may be practicable, the testt- 6 monj introduced ^ipon the trial of every criminal action' sihail be taken down steno- 7 graphically; and^' ini any case 'in ivhich the punishment may be 'dieaW or irhpris- 8 onment in theipeniteritiary, the same shall be written out in full from the steno- 9 graphic notes thereof ias promptly as may be conveniently done and the tran- 10 script thereof, from' time to time as so written out, shall be delivered to the pr^- 11 siding judge, one carbon copy to the state's attorney and one Carbon copy to the 12 defendiant. In case of the conviction of the defendant the copy delivered' to the 13<''presidinigg"udge'niay'^b© used'by the defendant for the purpose of prepariiig a re- 14>'ipott of the proceedings to be settled and signed by 'tih^ =judge. ' In every ctiminal 15 ' aotibli'i'n which testiriiony' is taken down 'stenjOigraphically and tramscribed for- 16s'' the usef and convenience of the state's atto^aey, the tra*nscript thereof 'shia.ll be' 17 furnished to the presiding judge, one carbon copy to the state's attorney and 18 one carbon copy to the defendant as promptly as the same is so transcribed. In 19 case of the conviction of the defendant in any case provided for by this section, 20 ■ the 'ffe^is'fOT'tffiing' down the' testimonyraaid'transorrbing the siaiiie, as 'fixed by 21 this act, ishall Jbe taxed as costs against 'him. In any case in which the punishment 22 is not death or confinement in the penitentiary and the testimony is taken down 23 stenoigraphically, the defendant, 'after the entry of a judgment of conviction, and 24 upon the suing out of a writ of error to reverse such judgment, shall, if the testi- 25 mony shall not bave already been transcribed, be entitled to a transcript of the 26 same, together with a carbon copy thereof, without payment in advance, to be 27 used 'by him in the proeecution of sudh writ of error, and, in case bif the affirm- 28 anoe of the judgment, or the dismissal- of the writ of error, the fees for taking 29 down- the testimony and transcriib'ing the same shall be taxed against hind: ■ Sec. 1480. Affidavit foe continuance — when discbetionaby with couet to 2 BEFtJSE.] When affidavit is made for a continuance or postponement in behalf of 890 3 the people or any def eoidaiit in a criminal action on the ground of the absence of 4 a material witness, the state's attorney or the defendant, as the case may be 5 sihall not be required to-admit the absolute truith of the matter set up in the af- 6 fidavit for eontiniuancey but only that such absent witness, if present, wiould testify 7 as alleged in ithe affidavit ; and, if it is so admitted, no continuance or postponement 8 ; < shall be grantedj but the case shall go to trial and the party admitting the same 9 sihall be permitted to controvert the statement contained in such affidavit by other 10 evidence, or to impeach such absent witness, the same as if he had testified in per- il son ; Provided, however, that the court may, in its discretion, require the op- 12 poisi'te party to admit the truth absolutely of any such affidavit when, from the .13 nature of the case, the coui-t may be of opinion that the interests of justice 14 require it; and provided further, that this act shall not apply to an application 15 for a continuance made within thirty days after the filing of the information. Sec. 1481. Certain privileges abolished.] The benefit of clergy, appeals of 2 felony, and trials by battle are forever abolished. Sec. 1482. Trial de mediatate lingua.] In no case shall the right to a 'trial 2 by jury de mediataJte' lingua be allowed in criminal prosecutions. Sec. 1483. Conscientious scruples of jury against capital punishment in 2 trials for murder.] It shall be a cause for challenge for any juror who shall, 3 upon being examined, state that he has consicientious scruples against capital 4 punishment, or that he is opposed to the same. Sec. 1484. Prolonging trial beyond term op court.] The court in which 2 a trial for a criminal offense is pending may continue the trial thereof until the 3 verdict is rendered and judgment entered, notwithstanding the term of court dur- 4 ing whidh the trial has commeaiced shall terminaite prior to the rendition of the 5 verdict. 891 - 1 Sec. 1485.- Discharge for want of prosecution.] Any person Gommitted for 2 a criminal or suppoiaed criminal offense and not admitted to bail and not tried at 3 some term of the oo-urt having jurisdictioin of the offense commencing within four 4 months of the date of commitment, or, if there is no term commencing within that 5 time, then at or before the first term commencing after said four months, shall be 6 set ajt liberty by the court, unless the delay ishall happen on the application of the 7 prisoner, or unless the court is satisfied that due exertion has been made to pro- 8 cure the evidence on the part. of the people and that there is reasonable-ground to 9 believe that such evidence may be procured a:t the next term, -in which case the 10 court may continue the action to the next term. If any such person shall have 11 been admi1;ted to bail for an alleged offense other than a capital offense, he shall 12 be entitled, on demand, to be tried at some term commencing within four months 13 after he has been admitted to bail, if there is a term of court within that time at "l4 which he may be tried ; if not, then at the first term after the expiration of the 15 said four months: Provided, however, that if the court shall be satisfied that due 16 exertions have been made to procure the evidence on behalf of the people and that 17 there is reasonable ground to believe such evidence may be procured at the next 18 term or at some term to commence within seventy days thereafter the court may 19 continue the cause to such term. . ./• „ Sec. 1486. Manner and place of inflicting death penalty.] Whenever any 2 person sihall be sentenced to death the manner of inflicting such punishment shall 3 be by hanging by the neck until dead the person sentenced land such punishment 4 shall he inflicted within the walls of the prison of the county in which isueh cionvic- 5 tion shall have taken place or within a yard or inclosure adjoining such prison. Sec. 1487. Duty of sheriff at execution.] It shall be the duty of the sheriff 2 or some deputy sheriff of the county to 'be present at such execution, and, by at 3 least three days' previous notice, to invite the presence of the judges, prosecuting 4 attorney and clerks of the courts of said county, together with two physicians and 892 5 twelve reputable citizens to be selected by said eheriff or Ms deputy, and the said 6 sheriff or deputy shall, at the request of the defendant, permit such ministers of 7 the gospel, not' exoediilg three, as said defendant shall name, and any of the imme- 8 dia;te relatives of said defendant to be present at said exeeution, and also suoh of- 9 fioers of the prison, deputies and constables as shall, by said sheriff or deputy, be 10 deemed expedient to hav^ present; but no other persons than' those herein men- 11 tioned shall be pernlitted to be present at such exeoutioh, nor shall any person, 12 not a relative of the defendant, under the age of twenty-one years be allowed to 13 witness the same. Sec. 1488. Certificate of execution.] The sheriff or his deputy or the 2 judges attending such execution shall prepare and sign 'officially a certificate set- 3 ting forth ithe time and place thereof and that such defendant was then and there 4 executed in ooniformity to the sentence 'of the court and the provisions of this act; 5 and shall procure to said certificate the signatures of the other public officers and 6 persons not relatives of the defendant who witnessed such execution ; which oer- 7 tifioate shall be filed with the clerk of the court where conviction of such de- 8 f endant was had. Sec. 1489. Disposition of body.] The court may order, on the ''lapplication 2 of any respectable surgeon or surgeons, that the body of the defendaflt shall, 3 after death, be delivered to sudh surgeon or surgeons for dissection, unless the 4 same be objected to by some relative of the convicted. Sec. 1490. Penalties determined by jury — penitentiary.] In all ' cases 2 wh^re Hhe pulliishment shall be confinement in the penitentiaty, if the caiseiS tried 3 by jury, the jury shall render their verdict and the court shall pronounce sen- 4 tence in such manner and form as may be required by the laws in force from 5 time to time regulating the rendering of such verdict and the pronouncing of 6 such judgment in such case, or, in the absence of any such law or laws, the 893 7 jury shall say. in their verdict for what time the. offender shall be . copfined 8 and the court in pronouncing sentence shall, designate what portion of 9 time the def^pdant shall be confined to solitary imprisonment and ,\srhat. portion 10 to hard labor. See. 1491. When fines eixbd by jury.] When a fine is also to be inflicted the 2 jury sihall fix the amount thereof. When either a fine or imprisonment in the peni- 3 temtiary may be inflicted, the jury shall determine which and the time of confine- 4 ment or the amount of the fine. Sec, 1492. Forms of verdict.] When ttie,inf0frm9..ti0iiepnj.t8iiis:arsingle count, 2 or when there are several counts which are not intended, to charge separate a^ 3 distinct offenses but are intended as charges, in different, fpipms, of the^ same pf- 4 fense, and the jury are not authorized to fix the punisihmenst, iit.^h^l be sjgiflBcient 5 for the jury in their verdict, if they find the defendant guilty, to say "We, the 6 jury, find the defendant guilty," and such verdict shall be construed to mean that 7 jury find the defendant guilty in manner and form as charged in the information. 8 The jury may also, in any such case, pronounce their verdict by their foreman 9 orally in open court and if, when inquired of in open court as to their verdict, 10 their foreman shall reply ' ' guilty, ' ' such reply shall be construed to mean that the 11 jury find the defendant guilty in manner and form as charged in the informa- 12 tion. When the information contains se venal counts which are intended to 13 charge separate and distinct offenses, and the jury are not authorized to fix the -14 , punishment>,it, shall he sufficient for.thp jury in, their y^rdidt, if they find the de- 15 fendant guilty as charged in each and every count of the information, ..to say 16 "We, the jury, find the defeinidant guilty," or for, their, f or eipiaii to ; announce 17. orally as vaibpve, provided a verdict of guilty ; and if th^ jury find,,t)he diefendant 18 guilty as to one or moTe oosuiits of the information and not guilty as to the re- 19 maining opunts thereof , it , shall be suflScient for the jury in their verdict to say 20 ' ■ We the jury, find the defendant guilty as to the (here insert the number or num- 894 21 bers of the ooimt or oounts as to which the jury find'the defendant guilty) count 22 (or' counts, as the case may be,) and not guilty as to the remaining counts." If 23 the jury find the defendant not guilty as to air the oounits of an information it shall 24 be sufficient for them in their verdict to say ' ' We, the jury, find the defendant not 25 guilty," or for their foreman to announce orally, as above provided, a verdict of 26 not guilty. In a case in which the jury find the defendant guilty and are author- 27 ized or required to fix the punishment, they shall add to their finding, if the same 28 be in writing, that the defendant is guilty the Words "and we fix the punishment 29 at (here insert punishment as fixed)," or if the verdict be oral their foreman 30 shall announce the punishment as fixed by the jury. Any form of verdict shall be 31 deemed sufficient if lihe court is able to understand therefrom, or to ascertain by 32 inquiry of the jury at the time of the rendition of the verdict, what verdict they 33 intend to render. ■ Sec. 1493. Penalties to be fixed by the coubt.J When the punishment may 2 be either by imprisonment in the penitentiary or by confinement in the county jail 3 wi'th 'or without fine, if the jury will not inflict the punishment of imprisonment in 4 the penitentiary they shall find the accused guilty and the court shall fix the time 5 of confinement in the jail or fine or both, as the case may require. When the ac- 6 cused pleads guilty, and in all other cases not otherwise provided for, the court 7 shall fix the time of confinement or the amount of the fine or both, as the case 8 may be, i Sec. 1494. Sentence to woek-house.] Any person convicted, in a court of 2 this state having jurisdiction of any crime or misdemeanor, the punishment of 3 which is confinement in the county jail, may be sentenced by the court in which 4 such conviction is had to labor for the benefit of the county during the term of 5 such imprisonment in the work-house, house of correction or other place pro- 6 vided for that purpo'Se by the county authorities, or by the authorities of any city 7 in such county. But noithing herein contained shall be construed to. prevent the 8 imprisonment of any convict in the reform school at Pontiac as provided by law. 895 Sec. 1495. PuNisHMEKT OP OFFENDERS UNDER EIGHTEEN.] Persons Under the 2 age of eighteen years shall not be punished by imprisonment in the pemtenltiary 3 for any offense except murder, manslaughter, rape, robbery, burg'lary or arson. 4 In all other cases where a penitentiary punishment is or shall be provided, such 5 person under the age of eighteen years and over the age of sixteen years shall be 6 punisihed by confinement in the county jail for a term not exceeding eighteen 7 months at the discretion of the court. Sec. 1496. Convicts under control of county board.] Nothing contained in 2 this act shall prevent the county board taking such control of convicts committed 3 to the- county jail and their transfer to -wtork-houses, houses of correction or other 4 places of employment as is provided by law : Provided, however, that no such 5 transfer shall be made of any convict without the order of the court in which he 6 is convicted and in all oases a report of such transfer shall be made to the court 7 as soon as may be after the transfer and entered of record. - Sec. 1497. Judgment for costs.] When any' person is convicted of an of- 2 f ense under any statute or laJt common law, the court shall give judgment that the 3 offender must pay the costs of the prosecution, unless such costs shall be remit- 4 ted, in whole or in part, as provided by this -act. Sec. 1498. Commitment to enforce payment of costs and fines.] When a 2 fine is inflidted the court may order, as a part of the judgment, that the offender 3 be dommitted to jail lihere to remain until the fine and costs are fully paid or he is 4 discharged according to law, or that he be committed to any' work-house or house 5 of oorrecition or other place provided for tha;t purpose by the county authorities 6 or by the authorities of any city of such county, until the fine and costs are fully 7 paid or w"orked out, or he is discharged according to law. When a defendant is 8 oommi'tted to any work-house or house of correcltion or other place provided for 9 that purpose as jaf oresaid, until the fine and costs are fully paid or worked out or 10 he is discharged according to law, he shall, for every day's labor in such work- 896 11 house or bouse of correction or other place in- accordance^ with the rules thereof, 12 be entitled to a credit of one dollar and fifty cents ($1,-50). Sec. 1499. Judgment a lien on propebty, eeal and pebsonal.] The prop- 2 erty, real or personal, of every person who shall be convicted of any -offense shall 3 be bound and ^a lien is hereby created on the property, both real and personal, of 4 every. such offender, not exempt from execution or attachment, from the time of 5 filing the information at least so far as will be sufficient to pay the fine and costs of 6 prosecution. The clerk of the court in which the conviction is^had shall, at the 7 end of thirty days from such conviction, issue lan execution for the fine, if the 8 same remiains unpaid, and all costs of conviction remaining unpaid, in which 9 execution shall be stated the> date of the filing of the information. The execution 10 may be directed to the proper officer of any county in this state. Th& officer to 11 wthom such execution is -^^delivered shall levy the same upon all the estate, real and 12 personal, of the defendant (not exempt from execution)- possessed by him on the 13 day of the arrest or filing of the information, and any such property subsequently 14 acquired ; and the property so levied upon shall be advertised and sold in the same 15 manner ais in civil oases with like rights to all parties who may be interested 16 ■ therein. It sihall be no objection to the selling of any property under such exe- 17 cution that the body of the defendant is in custody for the fine or costs or both. ■ Sec. 1500. Acknowledgment of judgment.] If the person convicted, to- 2 gether with one or more sufficient sureties, will acknowledge a judgment in favor 3 of the people of the state of Illinois for the amount of the fine and costs, or the 4 costs only, when no fine is imposed, the court shall cause the same to be entered 5 in full satisfaction of the fine and costs, or costs only, with a direction that, if the 6 judgment is not paid within five months from the time of entering the same, exe- 7 cution shall be issued thereon ; and the defendant shall, upon the entering of such 8 judgment, be discharged from imprisonment on accoimt of such fine or costs, but 9 he shall not thereby be discharged from any imprisonment which is made a part 897 10 of his punishment not dependfent upon the payment of the fine or oosts. Such 11 judgment shall be a lien upon all of the real estate of the person acknowledging 12 the same from the date of its entry. If the judgment so entered is not paid within 13- five months from the entry it may be enforced by execution in the same manner 14 as other judgments at law. Sec. 1501. Discharge of pauper.] Whenever it shall be made satisfactorily 2 to appear to the court, after all legal means have been exhausted, that any person 3 who is oo'nfined in jail for any fine or costs of prosecution for any criminal of- 4 fense, hath no estate with which to pay such fine and costs, or oosts ouly, it sihall 5 be the duty of the said court to discharge such person from further imprison- 6 ment for such fine and costs, or costs only, which discharge shall operate as'a com- 7 plete release of such fine and costs: Provided, however, tba;t nothing herein shall 8 authorize any person to be discharged from imprisomnent before the expiration 9 of the time for which he may be sentenced to be imprisoned as part of his punish^ 10 ment. i , i Sec. 1502. Conveying convict to penitentiary.] When a convict shall be 2 sentenced to imprisonment in the penitentiary, the clerk of the court shall, within 3 the time hereinafter prescribed in this atet, deliver a certified copy of the judg- 4 ment to the sheriff or other proper officer of the county, who shall, without delay, 5 convey the convict to the penitentiary of the state and deliver him to the warden 6 thereof. Sec. 1503. Powers of sheriff while conveying convict, etc.] The sheriff 2 -while conveying any convict to the penitentiary shall have the same power to re- 3 quire the aid of >'an.y. citizen of this state in securing, such convict or the taking 4 him, if he shall escape, as he would have in his own county, and any person who 5 shall refuse or negflect to assist such sheriff, when so required, shall be liable to 898 6 the same penalty ais in any other oase of neglect or refusal to join a posse comit- 7 atus -when lawfully required. Sec. 1504. Eetttening petsoner fob trial.] In case of the reversal of any 2 judgment upon which any person has been committed to thte penitentiary and the 3 granting of a new trial by the supreme court, it shall be the duty of the warden 4 of the penitentiary, upon receiving a certified copy of ^such judgment from the su- 5 preme court, to deliver the person so committed to the custody of the sheriff of 6 the county where such new trial is to be had, and of isuch 'sheriff to take and re- 7 convey such person to the jail of his county, and for suqh ^services the sheriff 8 shall be allowied and paid like fees as in the case of commitments to the i>eniten- 9 tiary. Sec. 1505. Publication during pendency op criminal proceeding prohibit- 2 ED — contempt op court — PUNISHMENT.] Hereafter it shall 'be unlawful for any 3 person or persons, corporiation or corporations, during the pendency of any crim- 4 inal action or proceeding in any court of this state, to print ^nd publish, or cause 5 to be printed and published, any matters in any manner pertaining to such erim- 6 inal action or proceeding, or to the offense therein being prosecuted, other than a 7 correct report, either verbatim or condensed, of the proceedings in court or be- 8 fore the magistrate pertaining to such action or proceeding, which report shall 9 not contain, by way of comment, headlines, picture® or otherwise, any expression 10 of opinion as to the guilt or innocence of the person or persons charged with the 11 criminal offense, or of the weight or credibility of the evidence, or any portion 12 thereof, produced either for or against such accused person, or any comments, in- 13 timations or suggestions, favorable or unfavorable to suich accused person, or 14 any comments, whether favorable or unfavorable, upon the conduct of the presid- 15 ing judge or magistrate of the court in which such action or proceeding is pend- 16 ing, or of any attorney at law in any manner connected with such action or pro- 17 ceeding, or of any officer of the court in which such action or prooeedipg is pend- S99 18 ing, as to any matter pertaining to or connected with snoh action or proceeding. If 19 any person or corporation shall violate the provisions, or any of them, of this 20 section, such person or corporation shall be deemed guilty of a criminal contempt 21 of court and shall be punished in the manner provided by this act for the punish- 22 ment of a criminal contempt. Sec. 1506. When and before what court proceedings deemed pending.] For 2' the purposes of the preceding section a criminal action or proceeding shall be 3 deemed pending from the time of the filing of the complaint therein in the proper 4 court, ot before the proper magistrate, if any suoh complaint be filed; or, if no 5 such complaint be filed, then from the time of the filing of the information there- 6 in ; and the pendency of any criminal action or proceeding shall continue until 7 the final determination of the same, either by a judgment of acquittal or dis- 8 charge, or a judgment of conviction and sentence in the court of original jurisdic- 9 tion in which the same is instituted, or to which 'the same may be removed for trial 10 and disposition, or, if the same be instituted before a justice of the peace, until the 11 final determination thereof by a judgment of acquittal or discharge by such jus- 12 tioe of the peace, or by a judgment of conviction and sentence from which no ap- 13 peal is pro'secuted 'by the defendant. In ease of an examination proceeding in 14 which the defendant is held or bound over for trial in a court oither than that 15 in wihich such proceeding is brought, the criminal action shall be deemed pending 16 in the court m which such trial is to be had from the time of the entry of the or- 17 der so holding or binding over suoh defendant. Sec. 1507. Jurisdiction of such action of contempt.] "When the contempt 2 of court provided f o^r in the next but one preceding section is committed in re- 3 speot to an action or proceeding pending in a court of record of loriginal jurisdic- 4 tion, the action of contempt for the punishment of the same shall be cognizable by 5 the court in which isuch action or proceeding is pending at the time of the com- 6 mission of 'the contempt. When such contempt is committed with respect to an 900 7 action or proceeding pending before a justioe of tbepeaice, fee same shall becog- 8 nizable only by a court of record of original jurisdiction in the o&ymby where- the 9 contempt has been oonunitted and the siame shaiU be prosecuted by informaiiodi 10 by the state's attorney of siUKjih county or by the Attorney General. Sec. 1508. Assistants to state's attorneys.] Whenever the business of 2 any county of this state is such that the state's attorney of such county cannot, 3 without assistance, attend properly and promptly to all the business in said 4 county which it is made by law his duty to attend to, he may appoint suoh nura- 5 her of assistants as may be determined by the judges, or a majority of them, 6 of the circuit court of the circuit in which such county is situated, or in Cook 7 county, by the judges, or a majority of them, of the circuit and superior courts 8 of such county, by an order or orders signed by the judges and entered upon 9 the records of the circuit court of such county. Said assistants shall receive 10 for their services such salaries as may be fixed by said judges and the same 11 shall be payable, in quarterly installments, out of the county treasury of such 12 county. Every assistant so appointed shall, at the time of his appointment be 13 a duly licensed attorney of this state, and he shall have full authority, by vir- 14 tue of his appointment, to perform each and all of the duties and exercise each 15 and all of the powers of the state's attorney of such county, to the same extent IG as if he were the duly elected state's attorney of such county. 901 DIVISION LX. QUASI. CBIMINAL ACTIONS BBOUGHT IN COITBTS 03? KECOED TO KECOVEB FINES AND PENALTIES EOE VIOLATIONS OF MUNICIPAL OEDINANCES. Section 1509. Quasi criminal actions for fines, etc.— how commenced — forms. 1 510. Warrant — form. 1511. Fixing amount of recognizance. 1512. Execution of quasi criminal warrant. 1513. Procedure when warrant returnable forAwith — trial — recognizance — cash bail — forms. 1514. 'Procedure when warrant returnable at fixed day — trial — recognizance — .c-ash bail — -forms. Section 1515- Forfeiture of recognizance or cash de- posit. 1516. Return of cash deposit. 1 547- When defendant released on his own recognizance. 1518. , Failure of defendant to appear when summoned. 1519. Forms of verdict. 1520. Fines and penalties to be fixed by court. 1 52 1. Modes of procedure in other respects. Sec. 1509. Quasi criminal actions foe fines, etc.- — how commenced — forms.] 2 A quasi criminal action, to recover a fine or penalty for the violation of an ordi- 3 nance of a municipal corporation may be commenced in a court of record as 4 follows : 5 First— By praecipe and statement of claim.] Whenever the plaintiff shall '6 so elect, such action may be commenced by' the filing by the plaintiff with the 7 cleik of the court of a praecipe for a summons and a statement of the plaintiff's 8 claim, as hereinbefore provided" with respect to an action at law for the recovery 9 of money only. 10 Second — By complaint that offense has been committed — form.] When 11 the facts constituting the offense complained of also constitute, in whole or in 12 part, a violation of the criminal code, the action ma,y be commenced by the filing 13 by the plaintiff, with the clerk of the court, of a complaint verified by the affi- 14 davit of some person, setting forth that the offense has ibeen committed and that 15 the person making :the affidavit-has just and reasonable grounds to believe that 16 the defendant committed the offense. Such complaint may be in substantially 17 the following form: 902 18 In the Criminal Court of Cook County, Illinois. 19 City of Chioago 1 20 V. ^Quasi Criminal. No. 50. 21 Eiichard Roe. J 22 Complaint. 23 Jolm Doe on his oath says that he is a resident of Chicago, Cook county, 24 Illinois, and that Richard Roe, late of said city of Chicago, on the 18th day of 25 February, 1908, at said city of Chicago, did make, aid, countenance and assist 26 in making a disturbance tending to a breach of the peace, in violation of Seotion 27 18 of the. Revised Municipal Code of the city of Chicago of 1905. 28 ^ John Doe. 29 Subscribed and sworn to before me this 18th day of February, 1908. 30 GteoEGE Smith, Cleric. 31 Third— 'By complaint and charge that party may escape — form.] When 32 the faicts constituting the offense complained of do not constitute, in whole or in 33 part, a violation of the criminal code, the action may b© commenced by the filing 34 by the plaintiff with the clerk of the court of a complaint verified by the affi- 35 davit of some person, setting forth that an ordinance has been violated and that 36 the person making the affidavit has reasonable ground to believe that the party 37 charged is guilty thereof and will escape unless arrested, and stating the facts 38 upon which such belief is founded. Sbich complaint may be in substantially the 39 following form: 40 In the Criminal Court of Cook County, Illinois. 41 City of Chicago I 42 V. ^Quasi Criminal. No. 75. 43 Richard Roe. J 44 Complaint. 45 John Doe on his oath says that he is a resident of Chioago, Cook county, 46 Illinois, and that Richard Roe, late of said city of Chicago, on the 18th day of 47 February, 1908, at said city of Chicago, did carry on the business of a peddler 48 without a license, in violation of Section 58 of the Revised Municipal Code of 903 49 the City of Chicago of 1905 ; that aiHant has reasonable grounds to believe that 50 the said Eichard Eoe will escape unless arrested ; that said Eichard Eoe is not 51 a resident of the city of Chicago, but is only temporarily in said city and is 52 about to depart the same. 53 John Dob. 54 Subscribed and sworn to before me this 18th day of Fe!bruary, 1908. 55 George Smith, Clerk. 56 Fourth — By areest on view and complaint — form.] Any police officer of 57 a municipal oorporation may arrest on view any person who may be seen by 58 such police officer in the act of violating, within the limits of such municipal 59 corporation, any ordinance thereof, or any ordiaanoe of any other municipal cor- 60 poration situated, in whole or in part, within the limits thereof, whenever such 61 violation is by such ordinance made punishable by fine. Any person so arrested 62 shall, without unnecessary delay, be taken. by such officer before some court of 63 record, or before some justice of the peace of the county in which such municipal 64 corpora'tion is situated, and such police officer shall thereupon make and file a 65 complaint in writing under oath against such defendant of the violation by such 66 defendant of such ordinance, and such defendant shall thereupon be dealt with 67 • according to law in the same manner as if he had been arrested in the first in- 68 stance under a warrant lawfully issued. The complaint in this clause provided 69 for, when made before a court of record, shall be in substantially the following 70 form: 71 In the Criminal Court of Cook County, Illinois. 72 City of Chicago ] 73 V. ^Quasi Criminal. No. 100. 74 Eichard Eoe. J 75 Complaint. 76 John Doe on his oath says that he is a police officer of the city of Chicago, 77 Cook county, Illinois, and resident therein and that Eichard Eoe, late of said 78 city of Chicago, on the 18th day of February, 1908, at said city of Chicago, did 904 79 carry on the business of a peddler without a license, in violation of Section 58 80 of the Eevised Municipal Code of the City of Chicago of 1905, and that aiBant 81 saw said Richard Roe on said day in the adt of violating said ordinance as afore- 82 said, and did then and there arrest said Richard Roe and bring him before the 83 court. ! 84 John Doe. 85 Subscribed and sworn to before me this 18th day of February, 1908. 86 Geobge Smith, Clerk. Sec. 1510. Warrant — form.] Upon the filing with the clerk of a court of 2 record in a quasi criminal action of a complaint verified by afiSdavit, as provided 3 in the preceding section, the clerk shall bring the same to the attention of the 4 court, and thereupon the court, if satisfied thait the defendant ought to be ar- 5 resited, may order the issuance of a warrant for the arrest of the defendant, 6 returnable' either forthwith or at a fixed time, which warrant ohal'l thereupon be 7 issued by the clerk and, when returnable forthwith, may be in substantially the 8 following form: I 9 In the Criminal Court of Cook County, Illinois. 10 City of Chicago ] 11 v. ^Quasi Criminal. No. 100. 12 Richard Roe. J 13 Warrant. 14 The People of the Sitate of Illinois— Greeting to the sheriff of Cook county : 15 We hereby command you that you take Richard Roe, if he be found in your 16 county, and him safely keep so that you may have his body instanter before the 17 criminal court of Cook county, at the criminal court building in Chicago, in said 18 county, to answer unto the city of Chicago for and concerning a violation of Sec- 19 tion 58 of the Revised Municipal Code of Chicago of 1905, with which the said 20 Richard Roe stands charged in our said court, as by a certain complaint under 21 oath preferred against him and filed in said cooirt in that behalf appears. 905 •22 Witness George Smith, clerk of our said criminal court and the seal 23 .thereof at Chicago, Illinois, this -18th da,y of .February, 1908. 24 GrEOR©B.SjsjiTH, Clerk. 25 ,Recognizance $100. i 26 Gash, hail. $50. ' 27 Note. ' ■ , 28 When the warrant is returnable at a fixed time the above form .may be 29 varied from by inserting, in lieu of the word " instanter, " a.^pecificaitiojasof th« 30 "day and hour when the defendant is to be brought befoje the court. Sec. 1511. Fixing amount, of recognizance.] At the time of ordering the 2 issuance of .a warrant the court shall fix the amount of the recognizance to be 3 required of the defendant and also the amount of the cash deposit to be required 4 of the defendant in case he shall elect to make such cash deposit in lieu of enter- 5 ing into a recognizance, and the amounts so fixed shall be indorsed by the clerk 6 upon the warrant. The amount of the recognizance to be required in any suich 7 action shall be not; less than fifty dollars ($50) nor more than five hundred dollars 8 ($500), and the same shall be either fifty dollars ($50) or some multiple thereof. 9 The amount df" cash 'deposit to be required of the defendant in lieu of bail shdll 10 be the maximum fine or penalty sought to be recovered and;five dollars ($5) >in 11 addition thereto, but the same shall in no case exceed one hundred dollars ($100). S.ec. 1512. Execution op quasi obiminal wakbant.J A warrant issued as 2 hereinbefore provided shall be served by delivering to the defendant a copy 3 thereof, together with a copy of the plaintiff's complaint and of the affidavit 4 verifying the same, and bringing the defendant before the court out of which .5 the warrant has issued or taking bail of the defendant as hereinafter provided. Sec. 1513. Pkocedube when warrant returnable forthwith — trial— recog- 2 nizance — CASH bail — FORMS.] Upou the arrest of the defendant in a quasi crim- 906 3 inal action brought by a municipal corporation to recover a fine or penalty for a 4 violation of a municipal ordinance, the officer making the arrest shall, if the war- 5 rant be returnable forthwith, bring the defendant immediately before the court 6 and the oourt shall proceed immediately with the trial of the action in the manner 7 provided in this act for the trial of other quasi criminal actions, unless, for good ' 8 cause shown, the trial shall be postponed. In case the trial be postponed the de- 9 fendant sihall be allowed to enter into a recognizance for his appearance before 10 the court from day to day until the final determination of the action, or to make 11 a cash deposit with the cderk of the court in lieu lof such reooigniaance. In case the 12 defendant shall make a cash deposit the clerk shall execute and deliver to him a 13 certificate thereof, a duplicate of which shall be executed by the clerk and filed 14 with the papers in the action and a minute thereof shall be entered by the clerk in 15 the register and minute book. The following forms of reooignizance 'and oertifi- 16 oate of deposit provided for in thiis section shall be deemed suflBcient and shall be 17 taken as furnishing suggestions from which other recognizances and certificates 18 of deposits may be properly framed : 19 1. Eecognizance taken in quasi criminal action. 20 In the Ceiminal Cotjkt of Ccok County, Illinois, 21 City of Chicago ] 22 V. ^Quasi Criminal. No. 50, 23 Richard Eoe. J 24 Recognizance. 25 This day personally appeared before the undersigned, a judge of the circuit 26 court of Cook county, Illinois, Richard Roe, as principal, and Thomas Jones, as 27 surety, and jointly and severally acknowledged themselves to owe and to be in- 28 debted imto the city of Chicago in the penal sum of two hundred dollars ($200), 29 to be levied of their goods and chattels, lands and tenements, respectively, in 30 such manner as the law directs. 31 The condition of this recognizance is such that if the above bounden Rich- 32 ard Roe shall personally be and appear before the criminal court of Cook county, 907 33 at the criminal oourt building in Chicago, in said oounty, from day to day here- 34 after until the final sentence 'or judgment of the court in the above entitled ac- 35 tion, and shall abide the order of the court in all things and not depart the same 36 without leave, then this reooignizance is to be void ; otherwise the same is to be 37 anid remain in full force and virtue. 38 Witness our hands and seals at Chicago, Illinois, this 25th day of February, 39 X908. 40 ElCHABD EOE, [seal,] 41 Thomas Jones, [seal.] 42 Taiken, acknowledged and entered into before me this 25th day of February, 43 1908. ^ 44 I John Jones, Judge. 45 2. Certificate of cash deposit in quasi ceiminal action. 46 In the Ckiminal, Coubt of Cook County, Illinois. 47 City of Chicago I 48 V. l-Quasi Criminal. No, 50. ; 49 Eichard Eoe. J " ! 50 Ceetificate of Deposit. ! 51 Tihis is to certify that Eichard Eoe, the defendant in the above entitled ac- 52 tion, has this day deposited with the undersigned, clerk of the criminal court of 53 Cook oounty, Illinois, the sum of fifty dollars ($50), which deposit is made as 54 security that said Eichard Eoe shall personally be and appear before the criminal 55 court of Cook co'unty at the criminal court building in Chicago, in said county, 56 from day to day hereafter until the final sentence or judgm'ent of the court in the 57 above entitled action, and will abide the order of the court in all things and will 58 not depart the same without leave. 59 Dated Chicago, Illinois, February 25, 1908, 60 George Thomas, Clerk. 908 ; Sec. 1514. Pbooedurb when warrant returnable at fixed .day— trial re- 2 cosNizANQE— GASH BAIL —FORMS.] Upon the arrcst of the defendian't in a quasi 3 criminal action hrougfetby a munioipal eorporation to recover a &m^ or penalty 4 for a violation of a ni-unioipal ordinance, theoffieer making' jtke arresit shail, if the 5 warrant ibe noft returnable forthwith, pemjit the defendant to enter into a recog- 6 nizance for his appearance before the court at the time fixed in the warrant there- 7 for, and from day to day thereafter, or to make a -cash deposit in lieu of such 8 reeognizanioe. In- case the defendant shall make a cash deposit the officer shall 9 execute and deliver to him a certificate thereof, a duplicate of which shall be exe- 10 cutedt by .tiber officer and delivered to the clerk of the court, together with the war- 11 rant and the amounit deposited by the defendant, and the clerk shall enter upon 12 the repster and minute book a minute thereof. The following forms of reoog- 13 nizance and certificate of deposit shall be deemed sufficient and shall be taken as 1*^ furnishing su*sgestions from which otber recognizances and certificates of de- 15 posits may be properly framed : 16 1. Eecognizance taken by ofeicer. 17 In the Criminal CbuRT of Cook County, Illinois. 18 City of Chicago i 19 V. I Warrant. No. 50. 20 Eichard Boe. J .21 Eecognizance. 22 This day personally ap'peared before the undersigned, sheriff of Cook coim- .23 ty, Illinois, Eichard Eoe, as principal, and Thomas Jones, as surety, and jointly 24 and , iseverally acknowledged themselves to owe and .to be, indebted i unto the city 25 of Chi<5ago.inthe penal sum, of two hundred dollars ($200'), to be levied of their 26 goods and, chattels, lands and tenements, respectively, in, such, manner as the law 27 directs. 28 The condition of this recognizance is suich thafeif the above bounden Eichard 29 Eoe shall personailly be and appear before the criminal court of Cook county, Illi- 30 nois, at the criminal court building in Chicago, in said county, on the 24th day of 31 February, 1908, and from day to day thereafter irntil the final sentence or judg- 909 32 ment of the court in lihe above entitled action, and shall abide tiie order of the 33 court in all things and not depart the same withoufeleave, then this recogaiaano© 34 is to be void; otherwise' the same is to be and remain in f«ll force and- virtue- 35 Witness our bands and seals at Chicago, Illinois, tMs 17th day of Pebmary, 36 1908. « 37 ' EiCHAED EoE, [seal.] 38 Thomas Jones,. [seal.]' 39 Taken, acknowledged and entered into before me this 17th day of^ P^brtmry, 40 1908. 41 SAMtTEt, Beown; SHeriff^. 42 2. certificate' oe oeeicee ot cash deposit. 43 In the'Ceiminal Court of^Cook County, Illinois; 44 City of Chicago "i 45 V. ^Quasi Criminal. No. 50. 46 Eichard Eoe. J 47 Certificate of Deposit. 48 This is to certify that Eidhard Eoe, the defendant in the above entitled ac- 49 ti'on, has deposited with the undersigned, sheriff of Cook county, Illinois, the 50 sum of fifty dollars ($50), which deposit is made as security that said Eichard 51 Eoe shall personally be and appear before the criminal court of Cook county, at 52 the criminal court building in Chi©ag'0, in said county, -on the^ 24tll-'diay> of Pebru- 53 ary, 1908, and' from' day' to day thereafter until the final sentence or judgment 54 of the court in the- above entitled action, and shall abide the order of the court 55 in all things and n'ot depart the same -without leave. 56 Dated Chicago, Illdaois', Pebruary 17, 19Q8. 57 SAMUHii Brown, Sheriff'. See. 1515. Forfeiture op recognizance or cash deposit.] Whenever any de- 2 f endant, after entering into a recognizance or making a cash deposit, as aforesaid, 3 shall fail to appear before the court as specified in the recognizance or certificate 4 of deposit, or shall otfherwise fail to comply with the conditions thereof, such re- 9.10 5 cognizance, if a recognizance s'ball have been entered into, nmay ibe enforced as in 6 other cases, or, if a cash deposit shall have been maide, the same may be declared 7 forfeited and the same may be applied by the court, so far as the siame may be' 8 necessary, or so far as the siame may extend, to the satisfaction of whatever judg- 9 ment may be entered by the court in the action in wihich such deposit has been 10 made, and the balance, if any, shall be returned to the defendant. And the court 11 in saich case, when the defendant fails to appear, may enter judgment against 12 him and in favor of the plaintiff for such sum as the court may find from the evi- 13 dence the plaintiff ought to recover by way of fine or penality for the violation by 14 the defendant of the ordinance of the plaintiff, and such judgment, to the extent 15 that the same is not satisfied by the deposit aforesaid, may be enforced by the 16 commitment of the defendant to the county jail, work-house or house of correction 17 as in other cases. ,; , . Sec. 1516. Retuen of cash deposit.] When any defendant shall make a cash 2 deposit in lieu of bail, as hereinbefore provided, and shall appear before the 3 court in accordance with the terms of such deposit and shall abide by all the 4 terms thereof, the amount thereof shall be returned to the defendant by the clerk 5 of the court at the time of the entry of final judgment. Sec. 1517. When defendant keleased on his own kecognizance.] If, upon 2 the arrest of 'the defendant in any quasi criminal action brought by a municipal 3 corporation to recover a fine or penalty for a violation of a municipal ordinance, 4 it shall be made to appear that the defendant is the head of a family, residing 5 with the same in the city, village or incorporated town, in which the violation of 6 the ordinance is alleged to have taken place, and that such defendant is a poor 7 person who is not a;ble to enter into a recognizance with security, it shall be the 8 duty of the court, or of the oflScer, as the case may be, to accept of such defend- 9 ant, in lieu of bail, his own recognizance conditioned, as near as may be, as the 10 recognizance hereinbefore provided for ; or when it is made to appear that the de- 911 11 f endant has a kniown and fixed place of residence in the city, village or inoorpor- 12 ated town, in wJhich the violation of the ordinance is alleged to have taken place 13 and it appears prohable to the court or to the Oifficer making the arrest, as the 14 case may be, that the defendant, if released upon his own recognizance, will ap- 15 pear at such time or times as may be required by the court, it shall be the duty of 16 the court or officer, as the ease may be, to accept of sucih defendant, in lieu of bail, 17 his own reoognizanee, conditioned, as near as may be, as the recognizance here- 18 inbefore provided for. Any defendant who, when released upon his own recog- 19 nizance, as aforesaid, shall fail to appear before the court at 1ihe time or times re- 20 quired by such recognizance, shall be deemed guilty of a misdemeanor, 'and upon 21 conviction thereof shall be punished by a fine not exceeding one- hundred dol- 22 , lars ($100) or by imprisonment in the county jail for not exceeding two (2) 23 months : Provided, hoivever, that no defendant shall be punished as aforesaid 24 when his failure to appear is for a cause which would authorize the court to set 25 aside a forfeiture of his recognizance. But no defendant shall be released upon 26 his own reooignizance under this section when, at the time of his arrest, he sihall 27 be in a state of intoxication or when his release may, in the judgment of the court 28 or officer, result in a breach of the peace. Sec. 1518. Failure of defendant to appeae when summoned.] In case the 2 defendanit, when served with a summons in any action brought by a municipal 3 corporation to recover a fine or penalty for the violation of an ordinance of a 4 municipal ooirporation, shall fail to enter his appearauoe within the time required 5 by this act, a default may be entered against him as in other oases and judgment 6 .thereon may be entered by the court against the defendant for such fine or pen- 7 alty as the court may deem reasonable, and such judgment may be enforced in the 8 same manner as if the defendant bad appeared and the action had been tried by 9 jury. _ 912 Sec. 1519. Forms op verdict.] When, in any such action tried by jury, only 2 one violatiofn of an ordimanoe is charged, the verdict of the- jury, if in favor of 3 the plaintiff, may be" We, fcliB jury, find 'the defendant guilty, ' ' or, if it' be in f &vo-t 4 of the' defendant it may be ' ' We, the jury, find the defendant not guilty. ' ' When, 5 in any such action; several violations of the same ordinance or of different ordi- 6' nances are charged, the verd'ict of the jury, if in favor of the plaintiff as to all 7 the violations charged, may be "We, the jury, find the defendant guiltyas to all 8 the plaintiff's daims," or, if it be in fa^or of the defendant as to all such vio- 9 lations, it may be "We, th« jury, find the defendanit not guilty." If the verdict 10 of the jury be in favor of the plaintiff 'as to a portion of the violations charged 11 and in favoirof ttoe*d©f«ndant' as to the remaining violations charged' it may be 12 "We, the jury, find' the def'endant guilty as to the (hrere insert the number or-num- 13 bers of the plaintiff's claims as to which the jury find the defendant guilty) claim 14 (or -claims, as the case may be), and not guilty as to the' remaining claims." Sec. 1520. Fines and penalties to be fixed by court.] In all actions brought 2 to recover fines or penalties for the violiation of municipal ordinances, when the 3 defendant pleads guilty or otherwise admits the violation of the ordinance, or, 4 upon the trial, either by jury or by the court without a jury, is found guilty of 5 such violation, the amount of the fine or penalty- shall be fixed by the court. Sec. 1521. Method op procedure in other respects.] The methods of proce- 2 dure in such actions in all particulars not expressly provided for by this act 3 iShall bc' the same, as near as may be, as those herein provided for other actions 4 at law for the recovery of money. 913 DIVISION LXI. JUEISDICTION OF JUSTICES OF THE PEACE AND CLASSIFICATION OF ACTIONS. Section 1522. Jurisdiction of subject matter; 1523. Territorial jurisdiction. Section 1524. Police magistrates. 1525. Classification of actions. Sec. 1522. Jurisdiction of subject matter.] Justices of the peace shall 2 have jurisdiction in the following cases : 3 First — For recovery of money.] Evary civil aetioin at law, whether on a 4 contract or for a tort, for the recovery of money only, an lacti-on of attachment of 5 water craft excepted, when the amount claimed by the plaintiff does not exceed 6 two hundred dollars ($200), the amount in any laction on a penal bond to be de- 7 tennined by the amount actually sought to be recovered as damages for the 8 breach or breaches thereof and not by the penalty of the bond. 9 5'eco« "in 54 the sum of" and the words "after allowing to the defendants." When the cause •55 of attachment is other than the non-residence of the defendants, there should be 56 substituted for the words "the defendants are not residents of this state" the 57 words ' ' the defendants conceal themselves so that process cannot be served upon 926 58 them" or "the defendants stand in defiance of an officer so that process cannot 59 be served upon them" or "the defendants have departed from this state with the 60 intention of having their effects removed from this state" or whatever other 61 cause of attachment there may be, or several causes of attachment may be speci- 62 fied in the same affidavit. When the residence of any defendant is known it shall 63 be stated in the affidavit.) 64 2. Bond for ATTACHMEiyT against one defendant, 65 Befoee Henby Brown, Esq., Justice of the Peace of Will County, Illinois. 66 John Doe i V. lAttachment. No. 50. 67 Eichard Roe, et ai. J 68 Attachment Bond. 69 'Know all men by these presents. That we, John Doe, as principal, and 70 William Doe, as surety, are held and firmly bound unto the People of the State 71 of Illinois in the penal sum of four hundred dollars ($400), for the payment of 72 which well and truly to be made we bind ourselv-es, our heirs, executors, adminis- 73 traitors and assigns jointly and severally, firmly by these presents. 74 Witness our hands and seals this 18th day of February, 1908. 75 The condition of this obligation is such that whereas the above boimden 76 John Doe has, on the day of the date hereof, prayed an attachment from Henry 77 Brown, Esq., Justice of the Peace of Will co'unty, Illinois, at the suit of 'him, the 78 said John Doe, against the estate of one Richard Roe, for the sum of two 79 hundred dollars ($200) and the same is about to be issued by said justice of the 80 peace returnable at nine o 'clock, a. m., on February 24, 1908 : 81 Now, if the said John Doe shall prosecute ins action with effect and shall 82 satisfy all costs which may be awarded to the defendants in said action, or to any 83 other person interested in said proceedings, and all damages and costs which 84 shall be recovered against the plaintiff for wrongfully suing out such attach- 85 ineil't, or which may be incurred by the sheriff, constable or other officer in the 927 86 execution thereof, then the above obligation is to be void ; O'therwise the same is 87 to be and remain in full force and effect. 88 John Doe [seal.] 89 William Doe [seal.] 90 Approved February 18, 1908. 91 Henby Beown, J. p. See. 1534. Writ of attachment — form.] Upon the filing, in an action of at- 2 tachment, of the praecipe for a writ of attachment and aiBdavit of the plaintiff, 3 his agent or attorney, and the bond hereinbefore prescribed, the justice of the 4 peace before whom the action is commenced shall issue and deliver to the plain- 5 tiff a writ of attachment directed to the isheriff and to all constables in the county 6 in which the action is commenced or, in case the sheriff is interested or otherwise 7 disqualified or prevented from acting, to the coroner and all constables of such 8 county, which writ shall be in substantially the following form : 9 Before Henry Bkown, Esq., Justice of the Peace of Will County, Illinois. 3, et al. J 10* John Doe 11 v. }-Attachment. No. 50. 12 Eicbard Roe, 13 , Writ of Attachment. 14 The People of the State of Illinois — Greeting to the sheriff and all constables of 15 Will county: 16 We hereby command you that you attach so much of the persional estate of 17 Eichard Roe to be found in your county as shall be of value sufficient to satisfy 18 a claim of two hundred dollars ($200) and costs, being prosecuted against him 19 before me, a justice of the peace of said Will county, by John Doe, and such 20 estate so attached in your hands to secure and so to provide that the same may 21 be liable to further proceedings thereupon according to law; and that you sum- 22 mon the said Eichard Eoe to appear before me at my office at No. 17 Main 23 Street, in Joliet, Will county, Illinois, at nine o'clock, a. m., on February 24, 928 24 1908, to answer to said action of attachment brought against him by the said 25 John Doe. 26 Witness my hand and seal at Joliet,- Illinois, this 18th day of February, 27 1908. 28 ' Heney Brown, J. P. [seal.] Sec. 1535. Distress for rent — how commenced — form of praecipe, dis- 2 TRESS WARRANT AND INVENTORY.] Au actiou of distress for rent may be com- 3 menced before a justice of the peace in any case in which a similar action is au- 4 thorized by law to be oomanenced in a court of record. The action shall be oom- 5 menced by the filing by the plaintiff with the justiice of the peace of a praecipe for 6 a summons, together with a copy of the distress warrant and an inventory of the 7 property levied upon. Such praecipe, copy of distress warrant and inventory 8 may be in substantially the following form: 9 Before Henry Brown, Esq., Justice of the Peace op Will County, Ii^linois. 10 John Doe 1 11 v; distress for Rent. No. 25, 12 Richard Roe. J 13 Praecipe. 14 To said justice of the peace : 15 Please issue a summons requiring the appearance of the defendant at nine 16 o'clock, A. M., February 24, 1908. 17 John Doe. 18 Copy of Distress Warrant. 19 To William Doe of Will county, Illinois : 20 You are hereby authorized to distrain the personal property of Richard Roe, 21 of Will county, Illinois, which is liable to be distrained, wherever it may be fooind 22 in said Will county, where the said Richard Roe resides, for the sum of two hun- 23 dred dollars ($200), being the amount due me on the 16th day of February, 1908, 24 for rent of the following described premises in Joliet, Illinois, to wit; l/Ot One 929 25 (1) Block Six (6) in said City of Joliet, demised to him by me; and for so doing 26 this shall be your sufficient warrant. 27 Given under my hand and seal this 17th day of February, 1908. 28 John Doe [seal.] 29 Landlord. 30 Copy of Inventory of Pbopeety Levied Upon. 31 (Here insert list of articles levied upon under distress warrant.) Sec. 1536. Summons — form.] Upon the filing of such praecipe, copy of dis- 2 tress warrant and inventory the justice of the peace shall issue and deliver to 3 the plaintiff a summons to the defendant commanding him to appear in person 4 or by attorney at the office of the justice of the peace on the day and at the time 5, specified in the praecipe to answer to the action brought against him by the plain- 6 tiff. Such summons may be in substantially the following form : 7 Before Henry Brown, Esq., Justice op the Peace of Will County, Illinois. -Distress for Eent. No. 25. 8 John Doe 9 v. 10 Eichard Eoe, 11 Summons. 12 The People of the State of Illinois — Greeting to Eichard Eoe : 13 You are hereby commanded to appear in person or by attorney before me at 14 my office at No. 17 Main Street, Joliet, Will county, Illinois, at nine o'clock, 15 A. M., on February 24, 1908, to answer to an action of distress for rent brought 16 against you before me by John Doe. 17 Witness my hand and seal at Joliet, Illinois, this 18th day of February, 1908. 18 Henry Brown, J. P. [seal.] Sec.' 1537. When replevin WILL LIE before A justice OF the peace.] An 2 ajction of replevin may be brought before a justice of the peace for the recovery 3 of goods, or chattels which have been wrongfully distrained, or otherwise wrong- 4 fully taken, or shall be wrongfully detained, excepting where such property has 930 5 been taken for a tax, assessment or fine levied by virtue of any law of this state, 6 or has been seized under an execution or attachment, or is held by virtue of a 7 writ of replevin against the plaintiff in the action, or by virtue of any other writ 8 of replevin issued in an action then pending and undetermined. Sec. 1538. Replevin — how commenced — peaegipe — affidavit — boki^ — 2 FORMS.] Every action of replevin shall be commenced by the filing by the plain- 3 tiff, with the justice, of the peace, of a praecipe for a writ of replevin and an af- 4 fidavit showing that the plaintiff in such laction is the owner of the property to be 5 described in the writ or about to be replevined, or that he is then lawfully en- 6 titled to the possession thereof and that the property is wrongfully detained by 7 the defendan.t and that the same'has not been taken for any tax, assessment or 8 fine levied by virtue of any law of this state against the property of such plain- 9 tiff or against him individually, nor seized un'der any execution or attachment 10 against the goods and chattels of such plaintiff, nor held by virtue of any writ 11 of replevin against the plaintiff in the action or by virtue of any other writ of 12 replevin issued in an action then pending and undetermined in any court of rec- 13 ord or before any justice of the peace of this state, and stating the value of such 14 property and that the same does not exceed the value thus stated, and also by the 15 filing, with the justice of the peace, of a bond of the plaintiff, or of some one else 16 in his behalf, with sufiScient security to be approved by the justice of the peace, 17 payable to the People of the State of Illinois, in double the value of the prop- 18 erty about to be replevied, conditioned that he will prosecute such action to ef- 19 feet and without delay and make return of the property, if return of the prop- 20 erty shall be awarded, and further conditioned for the payment of all costs and 21 damages occasioned by the wrongful suing out of such writ of replevin, whether 22 to the defendant or to any other person, and all costs and dama,ges which may 23 be incurred by the sheriff or other officer in the execution of the writ. The fol- 24 lowing forms of praecipe, affidavit and bond shall be deemed suflScient and shall 931 25 be taken as furnishing suggestions from which other similar papers may be 26 properly framed: 1. Peaecipe and affidavit fok wkit of replevin-. 2 Befobe Heney Beown, Esq., Justice o f the Peace of Will County, Illinois. 3 John Doe and William Doe, 4 partners in business as 5 Doe Brothers, 6 V. 7 Richard Rot! -Replevin. No. 27. 8 I Peaecipe. 9 To said justice of the peace : 10 Please issue a writ of replevin requiring the appeanance of the defendant 11 at nine o'clock, a. m., February 24, 1908. Richaed Roe. 12 Affidavit foe Replevin. 13 John Doe on his oath says that he is one of the plaintiffs in the above en- 14 titled action and that the plaintiffs are lawfully entitled to the possession of the 15 following described goods and chattels, to-wit: one bay horse about six years 16 old with white star in forehead and one roan horse about five years old, which 17 horses are of the value of two hundred dollars ($200) and no more; 18 that the said property is wrongfully detained by the above named defendant, 19 Richard Roe ; and that the same has not been taken for any tax, assessment or 20 fine levied by virtue of any law of this State against the property of the plain- 21 tiffs or against the plaintiffs individually, nor seized under any execution or at- 22 taohment against the goods and chattels of the plaintiffs, nor held by virtue of 23 any other writ of replevin issued in an action now pending and undetermined in 24 any court of record or before any justice of the peace of this State. 25 John Doe. 26 Subscribed and sworn to before me this 18th day of February, 1908. 27 Henry Brown, J. P. 932 28 2. Replevin Bond. 29 Before Henry Brown, Esq., Justice of the Peace of Will County, Illinois, 30 John Doe, et al. ] 31 V. iReplevin. No. 27. 32 Richard Roe. i 33 Replevin Bond. 34 Know all men by these presents, That, we, John Doe and William Doe, as 35 principals, and Henry Smith, as surety, are held and firmly bound unto the 36 People of the State of Illinois in the penal sum of four hundred dollars ($400) 37 for the payment of which, well and truly to be made, we bind ourselves, our 38 heirs, executors, administrators and assigns, jointly and severally, firmly by 39 these presents. i 40 Witness our hands and seals this 18th day of February, 1908. 41 The condition of this obligation is such that whereas, the above bounden 42 John Doe anid William Doe have, on the day of the date hereof, prayed a writ of 43 replevin from Henry Brown, Esq., justice of the peace of Will county, Illinois, 44 against one Richard Roe' to recover one bay horse about six years old with 45 white star in forehead and one roan horse about five yeians old and the same is 46 about to be issued by said justice of the peace returnable at nine o'clock, a. m,, 47 February 24, 1908. 48 Now, therefore, if the said John Doe and William Doe shall prosecute their 49 action with effect and without delay and make return of the said property, if re- 50 turn thereof shall be awarded, and shall pay all costs and damages occasioned 51 by the wrongful suing out of such writ of replevin, whether to the said defend- 52 ant, Richard Roe, or to any other person, and all costs and damages which may 53 be incurred by the sheriff or other officer in the execution of said writ of replev- 933 54 in, then the above obligation is "to be void; otherwise the 'same is to be and 55 remain in full force and effect. 56 . John Doe [seal.] 57 William Doe [seal.] 58 Henry Smith [seal.] 59 Approved^ Feb. 18, 1908. 60 " HeitRy Beown, J. P- Sec. 1539. Wkit op replevin — form.] Upon the filing in any action of re- 2 plevin of the praecipe for a writ of re|)levin, aifSdairit -and' the bond herein re- 3 qiiired, the justice of the peace before whom the afotion is commenced shall is- 4 sue and deliver to the' plaintiff a writ of replevin directed to the sheriff and to 5 all constables in the oonnty in which the actitin is oommenced, or" in cas^-the 6 sheriff is interested or otherwise disqualified or prevented from acting, to the 7 coroner and all constables of su6h cOutity, requiring such sheriff, or coroner, or 8 ■ constables' to -vifhoim it is directed, to cause the property, describing it as in the 9 affidavit, to be replfevied from' the possession of the defendant and to be deliv- 10 ered to the plaintiff and to summon the defendant to answer the plaintiff in the 11 action. Suich writ of replevin shall be in substantially the following form: 12 Before Henby Brown, Esq., Justice of the Peace of Will County, Illinois. 13 John Doe, et al. ] 14 v. J-Beplevin. No. 2. 15 Eichard Roe. J 16 Writ of Replevin. 17 The People of the State of Illinois — Greeting to the sheriff and all constables of 18 Will county, Illinois: 19 We hereby command you that you cause the following goods and chattels to 20 be replevied from the possession of Richard Roe and to be delivered to John 21 Doe and William Doe without delay, to-wit: one bay horse about six years old 934 22 with whiite star in forehead and one roan horse about five years old of the value 23 of two hundred dollars ($200) and no more. 24 We also comimand you that you summon Eichard Roe to appear before me 25 at my office at No. 17 Main Street, in Joliet, Will county, Illinois, at nine o'clock, 26 A. M., on February 24, 1908, to answer to the above entitled action of replevin 27 brought before me against him by the Siaid John Doe and William Doe. 28 Witness my hand and seal at Joliet, Illinois, this 18th day of February, 29 1908. Henby Bbown, J. P< [seal.] Sec. 1540. Quasi criminal actions fob fines, etc. — how commenced — 2 forms.] a quasi criminal action to recover a fine or penalty for the violation of 3 an ordinance of a municipal corporation, when the amount sought to be reoov- 4 ^ed does not exceed two hundred dollars ($200), may be commenced as follows: 5 First — By praecipe and statement of claim.] Whenever the plaintiff shall 6 so eleet such action may be commenced by the filing by the plaintiff, with the 7 justice of the peace, of a praecipe for a summons and a statement of the plaintiff's 8 claim as hereinbefore provided with respect to an action at law for the recovery 9 of money only. 10 Second — ^By complaint that offense has been committed — fobm.] When 11 the facts constituting the offense complained of also constitute,^ in whole or in 12 part, a violation of the criminal code, the action may be commenced by the fil- • 13 ing by the plaintiff, with the justice of the peace, of a complaint verified by the 14 affidavit of some person, setting forth that the offense has been committed and 15 that the person making the affidavit has just and reasonable grounds to believe 16 that the defendant committed the offense. Such complaint may be in substan- 17 tially the following form : &35 18 Before Henry Brown, Esq., Justice of the Peace of Will County, Illinois. 19 City of Joliet ] 20 V. IWarrant. No. 15. 21 Eichard Roe. J 22 Complaint. 23 John Doe on his oath says that he is a resident of Joliet, Will county, lUi- 24 nois, and that Eichard Eoie, late of said City of Joliet, on the 18th day of Feb- 25 ruary, 1908, at said City of Joliet, did make, aid, conntenance and assist in 26 making a disturbance tending to a breach of th« peace in violation of isection 27 18 of the Eevised Municipal Code of the City of Joliet of 1907. 28 John Doe. 29 Subscribed and sworn to before me this 18th day of February, 1908. 30 Henry Brown, J. P. 31 Third — By complaint and charge that party may escape — form.] When 32 the facts constituting the offense complained of do not constitute, in whole or in •33 part, a violation of the criminal code, the action may be commenced by the filing 34 by the plaintiff, with the justice of the peace, of a complaint verified by the 35 afiidavit of some person setting forth that an ordinance has been violated and 36 that the person making the afiidavit has reasonable ground to believe that the 37 party charged is guilty thereof and will escape unless arrested, and stating the 38 facts upon which such belief is founded. Such complaint 'may be in substantially 39 the following form : 40 Before Henry Brown, Esq., Justice op the Peace of Will County, Illinois. 41 City of Joliet ] 42 " v. ^Warrant. No. 16. 43 Eichard Eoe. J 44 Complaint. 45 John Doe on his oath says that he is a resident of Joliet, Will county, lUi- 46 nois, and that Eichard Eoe, late of said city of Joliet, on the 18th day of Febru- 47 ary, 1908, at said city of Joliet, did carry on the husiness of a peddler without a 48 license in violation of section forty-seven (47) of the Eevised Municipal Code 936 49 of the city of Joliet of 1907 ; tliat affiant lias reasonable grounds to believe that 50 the said Richard Roe will escape unless arrested ; that said Richard Roe is not 51 a resident of the city of Joliet, but is only temporarily in said city and is about 52 to depart the same. 53 John Doe. 54 Subscribed and sworn to before me this 18th day of February, 1908. 55 I Heney Brown, J. P. 56 Fourth — By arrest on view and complaint — form. J Any police officer of a 57 municipal corporation may arrest on view any person who may be seen by such 58 police officer in the act of violating within the limits of such municipal corpora- 59 tion any ordinance thereof or any ordinance of any oliher municipal corporation 60 situated, in whole or in part, within the limits thereof, whenever such violation 61 is by such ordinance made punishable by fine. Any person so arrested shall, 62 without unnecessary delay, be taken ly such officer before some court of record, 63 or before some justice of the peace of the county in which such municipal cor- 64 poration is situated, and such police officer shall thereupon make and file a com- 65 plaint in writing under oath against such defendanit of the violation by such de- 66 f endant of such ordinance and such defendant ishall thereupon be dealt with ac- 67 cording to law in the same manner as if he had been arrested in the first in- 68 stance under a warrant lawfully issued. The complaint in this clause provided 69 for, when made before a justice of the peace, may be in substantially the follow- 70 ing form: 71 Before Henry Brown, Esq., Justice of the Peace op Will County,' Illinois. 72 City of Joliet ] 73 V. ^Warrant. No. 17. ' 74 Richard Roe. J 75 Complaint. 76 John Doe on his oath says that he is a police officer of" the city of Joliet, 77 Will county, Illinois, and resident therein and that Riohaird Roe, late of said city 78 of Joliet, on the 18th day of February, 1908, at said city of Joliet, did carry on 937 79 the business of a peddler witbout a license in violation of section forty-seven 80 (47) of the Sevised. MunicipaJ:. Code of the caty -of Joliet of 1907, and that affiant 81 saw said Richard Roe on said Jday. in the act of violating said ordinance, as afore- 82 said and did (then and there arrest said Richard Roe and bring him before the 83 court. John Doe. 84 Subscribed and sworn to before me this 18th day of Feibruary, 1908. 85 Heney Bkown, J. P. 86 Fifth — Warrant- — form.] Upon -the filing with the justice in a quasi icrim- 87 inal action, of- a- oomplaint verified by affidavit, as provided in Glauses Second 88 and Third 'of "this section, the justice lof the peace, if satisfijed that the 'defe^tdant 89 ought to be arrested, may issue a warrant for the arrest of the defendant re- 90 turnable either forthwith or at a fixed time, which warsant, when returnable 91 forthwith, noay be in substantially the following form : 92 Before Henry Brown, Esq., Justice of the Peace of Will Coitnty, Illinois. 93 City of Joliet 1 i 94 V. ^Warrant. No. 16. 95 Richard Roe. J 96 Warrant. 97 The- People of the' State of Ulinois-^GREETiNG to' the^Sberiff' or'any'oonstsMe of 98 Will county, or any police officer of the cdty of Joliet : 99 We hereby command you that you take Richard Roe^ if 'he be found in your 100 county, and him safely keep so that you may have his body before me at my office 101 at No. 17 Main Street, in Joliet, Will county, Illinois, instanter, to answer unto 102 the city e me in that behalf appears. 106 iWitnessmy hand and seal at Joliet, Illinois, this 18th day of February, 107 1908. Henry* Brown, J. P. [seal.] 108 Reeognizanee $100. 109 Cash Bail $50. 938 110 NOTE. lii When the warrant is returnable at a fixed time the above form may be 112 varied from by inBerting, in lieu of the word "instanter," a specification of ♦^^he 113 day and hour when the defendant is to be brought before the justice, 114 Sixth — Fixing amount of recognizance.] Before issuing any warrant the 115 justice' shall endorse thereon the amount of the recognizance to be required of 116 the defendant and also the amount of the cash deposit to be required of liie de- 117 fendant in case he shall elect to make such cash deposit in lieu of entering into 118 a recognizance. The amount of the recognizance to be required in any such ac- 119 tion shall be not less than fifty dollars ($50) nor more than two hundred 120 dollars ($200) land the same shall be either fifty dollars ($50) or some multiple 121 thereof. The amount of cash deposit to be required of the defendant in lieu of 122 bail shall be not less than twenty-five dollars ($25) nor more than one hun- 123 dred dollars ($100). Sec. 1541. Manner op serving summons or writ.] Service of every sum- 2 mons or writ, other than one requiring the arrest of the person therein 3 named, or a summons in an action for the trial of the right of 4 property, shall be made by delivering a copy thereof, together with a copy of the 5 plaintiff's praecipe, distress warrant and inventory in an action of distress for 6 rent, prseoipe, affidavit and bond in attachment in an action of attachment, prse- 7 cipe, affidavit and bond in replevin in an action of replevin, and praecipe and S statement of claim in every other action to the proper person and informing 9 such person of the contents of such copy of the summons or writ. The person 10 to whom such delivery is to be made shall be the same person to whom delivery 11 of a copy of the summons or writ and other papers is authorized or required to 12 be made by this act in a like action commenced in a court of record. Service of 13 a summons in an action for trial of the right of property may be made by de- 14 livering a copy of the summons, praecipe and statement of claim to the officer by 939 15 whom the execution or writ of attachment has been levied, whose duty it shall be 16 to transmit the same by registered letter, or otherwise cause the same to be de- 17 livered, to the attorney or one of the attorneys of record of such plaintiff or 18 plaintiffs, or, if there be no such attorney of record, such sheriff or other officer 19 shall transmit such copy of the summons, praecipe and statement of claim by 20 registered letter, or otherwise cause the safne to be delivered, to the plaintiff or 21 one of the plaintiffs in the execution or writ of attachment, and such ofificer shall 22 thereupon be relieved from all responsibility for the defense of such action, and 23 the judgment in such case, if the same be in favor of the plaintiff, shall be a 24 complete indemnity to such officer for resitoring to such plaintiff any property 25 required by the judgment in such action to be restored to the plaintiff, or if it be 26 in favor of the defendant, it shall be a complete indemnity to the sheriff or 27 other officer from all liability to the plaintiff in the action for selling the prop- 28 erty under the execution by virtue of which the same was seized, or under the 29 execution issued in the action under the writ of alttachment in which such prop- 30 erty was seized. Every summons or writ provided for by this act shall be 31 served at least three days before the time of appearance mentioned therein. See. 1542. Who may seevb summons oe writ — retuen^ — apphjavit of 2 SERVICE — FEES.] Any summons issued by a justice of the peace may be iserved 3 by any sheriff, deputy sheriff, coroner or deputy coroner, or constable of tho 4 county in which such service is had, or by any bailiff or deputy bailiff of any 5 court of record in such county, or by any person over the age of eighteen years 6 not a party to the action, but an attachment writ, replevin writ, or writ or war- 7 rant requiring the arrest of the defendant, must be served and executed by a 8 .Sheriff, deputy sheriff, ooroner or deputy coroner, constable, or bailiff or dep- 9 uty bailiff of a court of record. When service or execution of any summons or 10 writ is made 'by any sheriff, deputy sheriff, coroner, deputy coroner, constable, 11 bailiff, or deputy bailiff, proof of such service may be made by the return of 12 such officer endorsed upon such summons or writ and signed by him. When serv- 940 13 ice -of any: summons is made by any peTBOn other than a 'sheriff, deputy 'sheriff, 14 ooroner, depxnty coroner, oonstable, bailiff, or deptrty 'bailiff, po^oof of siitih- serv- 15 ice shall be made toy iihet affidavit of the person making' such service' endorsed on 16 su 7 V. I Action for Money. No. 25. 8 Eichard Roe. J 9 Subpoena. 10 The People of the State of Illinois — Greeting to John Smith and William 11 Smith: 12 You are hereby commanded to appear before me at my office at No. 17 Main 13 Street, in Joliet, Will county, Illinois, at nine o'clock a. m., on February 20, 14 1908, then and there to testify the truth in a matter in action wherein John 15 Doe is plaintiff and Eichard Eoe is defendant. . 16 Witness my hand and seal at Joliet, Illinois, this 18th day of February, 17 1908. Henry Brown, J. P. [seal.] Sec. 1570. Service of subpoena.] Any subpoena may be served by any 2 officer or other person who is authorized by this act to serve a summons and 954 3 the same shall be served by delivering a copy thereof to the person served. 4 "When any subpoena is served by any person other than such officer the plaintiff 5 shall be entitled to have taxed as costs in the action in his favor an amount 6 equal to 'one-half of the fees allowed by law, to any such officer for such service. Sec. 1571. Inserting names in subpoena.] In all cases where a justice 2 of the peace is required to issue a subpoena at the instance 'of either party to 3 an action, such party may insert the names of as many witnesses in such 4 subpoena, as such party may deem necessary, land such names may be inserted 5 as well after as before such subpoena is issued. Sec. 1572. Witness fees.] Each witness so summoined shall be entitled to 2 iseventy-five (75) cents per day for attending each trial to be taxed with the 3 other costs of the action and paid when the judgment and costs are collected ; 4 but, if miore than two witnesses shall be sworn in any case to testify to one fact 5 on the same 'side, the party requiring such extra witnesses shall be at the 6 whole expense of securing the same ; but no such fee shall be taxed by the justice 7 unless claimed by the witness attending. Sec. 1573. Denial of execution or endorsement.] No partyto any action 2 before a justice 'of the peace shall bepermitted to deny the execution or any 3 endorsement of any written instrument upon which the action shall be founded, 4 or which shall be offered as a set-off or acquittance for the debt demanded in 5 isuch action, unless the said denial be by affidavit of the party so denying the 6 execution or endorsement thereof. Sec. 1574. Evidence as to joint plaintiffs, etc.] In trials of actions upon 2 contracts, express or implied, where the action is brought by joint plaintiffs or 3 partners, or by joint payees or obligees, it shall not be necessary for the 4 plaintiff, in order to maintain any such action, to prove the right of the plain- 5 tiffs to sue, or the co-partnership of the individuals named in such action, or to 955 6 prove the Christian or surniames of such plaintiffs, oo-partners or joint payees 7 or obligees ; but the names of such plaintiffs, co-partners, joint payees or obligees 8 shall be presumed to be truly set forth in the summons or writ. Nothing herein 9 contained shall prevent the defendant or defendants in any such action from 10 proving on the trial either that more persons ought to have been plaintiffs, or 11 that more persons have been made plaintiffs than have a legai right to sue, or 12 that the Christian or surname of any party is other and different from the 13 one stated in the summons or writ. Sec. 1575. Proof op joint liability not necessary in first instance when.] 2 In actions upon contracts, express or implied, against two or mo^re defendants 3 as joint defendants or partners, or joint obligors or payors, whether so alleged 4 or not, proof of the joint liability or partnership of the defendants, or their 5 Christian or surnames, shall not, in the first instance, be required to entitle the 6 plaintiff, or plaintiffs, to judgment, unless the defendant or defendants, or any 7 of them, shall deny the- partnership or joint liability, or the execution of the in- 8 strument sued on by affidavit. Sec. 1576. When corporate existence op corporation need not be proven.] 2 In actions by or against corporations it shall not be necessary to prove the 3 existence of such corporation, or that it sues or is sued by its corporate name, 4 unless, previous to the commencement of the trial, the corporate existence of 5 such plaintiff or defendant, or that its name is correctly stated, is denied in 6 writing signed by the party making such denial or by his a^nt or attorney, and 7 not then, if the corporation be one of whose corporate existence judicial notice 8 is to be taken in accordance with this act. Sec. 1577. Depositions.] Depositions in actions before justices of the 2 peace shall be taken upon like notice and in like manner, as near as may be, as 3 depositions may be taken to be used in courts of record. 956 Sec. 1578. Justice not to collect claim by action before himself.] No 2 action shall hereafter be brought before any justice of the peace upon any 3 claim which has been placed in his hands for collection, or with respect to the 4 oollection of which he has been employed. Sec. 1579. Hearing and determination of action of attachment.] Upon 2 the return of any attachment issued by a justice of the peace, if it shall appear 3 that the defendant has been personally served with the same, or if such de- 4 fendant shall appear without such service, the justice shall proceed to hear 5 and detennine the action as in cases of proceedings by isummons. Sec. 1580. Continuance for service or notice — posting notice — form.] 2 Buit if it does not appear that the defendant has been served and no appearance 3 is entered by the defenidant, the justice shall continue the action not less than 4 fifteen days and shall immediately prepare a notice, to be posted up at three 5 public places in the neighborhood of the justice, directed to the defendant 6 and stating the fact that an attachment has been issued and at whose instance, . 7 the amount claimed 'to be due and the time and place fixed for the trial, and 8 that, unless the defendant shall appear at the time and place fixed for the 9 trial, judgment will be entered by default and the property attached ordered 10 to be sold to satisfy the same, which notice ishall be delivered to the sheriff or 11 constable who shall post three copies of the same at three public places in the 12 neighborhood of the justice at least ten days before the- day set for the trial; 13 and, if the place of residence of the defendant is stated in the affidavit for the 14 attachment, shall, at the same time, mail one copy lof the notice addressed to 15 such defendant at such place of residence ; and on 'or before that day he shall 16 return the notice delivered to him by the justice, with an endorsement thereon 17 stating the time when and the place where he posted and mailed notices as 18 herein required. The following form of notice shall be deemed sufficient and 957 19 shall 'be taken as furnishing suggestions from which other similar notices may 20 be properly framed: , > 21 Befoee Heney Brown, Esq., Justice of the Peace of Will County, Illinois. 22 John Doe 23 V. 24 Richard Roe and 25 William Roe. Attachment. No. 50. 26 Notice of Attachment. 27 To the abov€ named defendants Richard Roe and William Roe: 28 You are hereby notified that an attachment has been issued by me 29 against you in behalf of John Doe for the sum of two hundred dollars ($200) 30 and that the action will be tried before me at my office at No. 17 Main Street, 31 Will county, Illinois, at nine o'clock a. m. on March 10, 1908, and, unless you , 32 shall appear -at the said time and place, judgment will be entered by default \ 33 against you and the property attached will be ordered to be sold to siatisfy the 34 same. 35 Datc^d February 24, 1908. 3g Henry Brown, J. P. [seal.] Sec. 1581. Continuance for want of notice.] If notice shall not be 2 given according to law or for any other cause, the justice may continue the 3 action from time to time until proper notice shall have been given or the action 4 is ready for trial. Sec. 1582. Hearing after notice— judgment— sale of property.] When 2 notice shall be given of any proceeding by attachment as hereinbefore re- 3 quired, the justice shall, on the day set for the trial of the action, proceed to 4 hear and determine the ^same as though process bad been personally served 5 upon the defendant, and, if the judgment be given against the defendant, the 6 property attached, or so much thereof as will satisfy the judgment and all costs, 7 shall be sold under the execution to be issued upon such judgment. 958 , ; Sec. 1583. Exceptions to bond.] Exceptions to the bond taken by the 2 justice shall be taken at or before the first hearing of the action after the same 3 shall have been returned to the justice, but the l^earing of such exceptions may 4 be adjourned for the purpose of giving notice to the constable or for other 5 good cause. Sec. 1584. Warrant action — arrest of dependant when warrant return- 2 ABLE FORTHWITH — TRIAL — BECOGNIZANCE^ — CASH BAIL — FORMS.] Upon the arrOSt Of 3 the defeaidant in a quasi criminal action brought by a municipal corporation to 4 recover a fine or penalty for a violation of a, municipal ordinance, the ofiicer 5 making the arrest shall, if the warrant be returnable foTthiwith, bring the defend- 6 ant immediately before tOae justice, who shall proceed immediately with the trial 7 of the action in the manner herein provided for the triail of other quasi criminal 8 actions, unless, for good cause shown, the trial shall be postponed. In case the 9 trial be postponed the defendant shall be allowed to enter into a recognizance 10 for his appearance before the justice from time to time until the final determina- 11 tion of the action, or to make a cash deposit in lieu of such recognizance. In case 12 the defendant shall make a cash deposit the justice shall execute and deliver to 13 hian a certificate thereof, a duplicate of which shall be executed by the justice and 14 filed wiJth the papers in the action and a minute thereof shall be entered by the 15 justice in his docket. The following forms of recognizance and certificate of de- 16 posit provided for in this section shall be deemed sufficient and shall be taken as 17 furnishing suggestions from which other recognizances and certificates of de- 18 posit may be properly framed: 19 1. EeCOGNIZANCE taken by justice IN WARRANT ACTION. 20 Before Henry Brown, Esq., Justice of the Peace of Will County, Illinois. 21 City of Joliet ] , , | 22 V. Warrant. No. 50. ' 23 Richard Roe. J 24 Recognizance. 25 This day personally appeared before the undersigned, a justice of the peace 26 of Will county, Illinois, Richard Roe, as principal, and Thomas Jones, as sur- 959 27 ety, and jointly and severally acknowledged themselves to owe and to be indebted 28 unto the city of Joliet in the penal sum of one hundred dollars ($100) to be 29 levied of their goods and chattels, lands and tenements, respectively, in such 30 manner as the law directs. ' ' i 31 The ooniditi'on of this recognizance is such ithat if the above bounden Rich- 32 ard Roe shall personally be and appear before the undersigned, justice of the 33 peace as aforesaid, at his office, at No. 17 Main Street, Joliet, Will county, lUi- 34 nois, at nine o'clock a. m., on February 24, 1908, and from time to time there- 35 after to which the trial of the above entitled action may be postponed and until 36 thfe final judgment is entered by the undersigned jusitice of tihe peace in said ac- 37 tion, and shall aJbide the order of the undersigned as justice of the peace, as af ore- 38 said, in all things, then this recognizance is to be void; otherwise the same is to be 39 and remain in full force and virtue. 40 Witness our hands and seals at Joliet, Illinois, this 17th day of February, 41 1908. 42 " , : Richard Roe. [seal.] 43 Thomas Jones.' [seal.] 44 Taken^ acknowledged and entered into before me this 17th day of Febru- 45 ary, 1908. 46 Heney Bbown, J. P. [seal.] 47 2. Certificate of justice of cash deposit in warrant action. 48 Before Henry Brown, Esq., Justice of the Peace op Will County, Illinois. 49 . City of Joliet y\^> '^"^ 50 V. j-Warraut. No. 50. , . i j 51 Richard Roe. J ! u 52 Certificate of Deposit. 53 . This is to certify that Richard Roe, the defendant in the above entitled ac- 54 tion, has this day deposited with the undersigned, a jusitice of the peace of Will 55 county, Illinois, the sum of fifty dollars ($50), which deposit is made as secur- 960 56 ity that said Richard Roe shall personally be and appear before the undersigned 57 at his ofifioe at No. 17 Main Street, Joliet, Will county, Illinois, at nine o 'clock 58 A. M., on February 24, 1908, and from time to time 'thereafter to w'hich the trial 59 of the above entitled action may be postponed and until the final judgment is en- 60 tered by the undersigned justice of the peace, in said actron, and shall abide the 61 order of the undersigned, as justice as aforesaid, in all things. 62 Dated Joliet, Illinois, February 17, 1908. 63 Henby BBOwiir, J. P, [seal.] Sec. 1585. Waebant action — arrest of defendant when warrant return- 2 ABLE AT FIXED DATE TRIAL RECOGNIZANCE — CASH BAIL FORMS.] UpOU tiho arrest 3 of the defendant in a quasi criminal action brought by a municipal corporation 4 to recover a fine or penalty for a violation of a municipal ordinance the officer 5 making the arrest shall, if the warrant ibe not returnable forthwith, permit the 6 defendant to enter into a recognizance for his appearance before the justice at 7 the time fixeid in the warrant therefor, and from time to time thereafter to 8 which the trial of the actron may be postponed, or to make a cash deposit in lieu 9 of SiUch recoignizance. In case the defendant shall make a cash deposit the of- 10 fioer shall execute and deliver to him a certificate thereof, a duplicaite of which 11 shall be executed by the officer and delivered to the justice, together with the 12 warrant and the money deposited by the defendant, and the justice shall enter in 13 his docket a minute thereof. The following formis of recognizance and certifl- 14 cate of deposit shall be deemed sufficient and shall be taken as furnishing sug- 15 gestions from which other recognizances and certificates of deposit may be prop- 16 erly framed: 961 17 1. Recognizance taken by officbe in waeeant action. 18 Before Henby Bkown, Esq., Justice of the Peace of Will County, Illinois. 19 City of Joliet ] 20 V. 21 Eichard Roe. , 22 Recognizance. ■Wiarrant. No. 50. 23 This day personally appeared before the undersigned, a constable of Will 24 county, Illinois, Richard Roe, as principal, and Thomas Jones, as surety, and 25 jointly and severally acknowledged themselves to owe and to be indebted unto 26 the city of Joliet in the penal sum of one hundred dollars ($100), to be levied 27 of their goods and chattels, lands and tenements, respectively, in such manner 28 as the law directs. 29 The condition of this reoo'gnizance is such that if the above bounden Richard 30 Roe shall personally be and appear before Henry Brown, Esq., justice of the 31 peace of Will county, Illinois, at his office at No. 17 Main Street, Joliet, Will 32 county, Illinois, at nine o'clock a. m. on February 24, 1908, and from time to time 33 thereafter to wihich the trial of the above entitled action may be postponed and 34 until the final judgment is entered by said justice of the peace in said action, and 35 shall abide the order of said justice of the peace as aforesaid in all things, then 36 this recognizance is to be void; otherwise the same is to be and remain in full 37 force and virtue. 38 Witness our hands and seals at Joliet, Illinois, this 17th day of February, 39 1908. RicHAKD Roe. [seal.] 40 Thomas Jones, [seal.] 41 42 Taken, acknowledged and entered into before me this 17th day of February, 43 1908. 44 Samuel Smith, Constable, [seal.] 962 45 2. Certificate of constable of cash deposit in warrant action. 46 Before Henry Brown, Esq., Justice of the Peace of Will County, Illinois. 47 City of Joliet 1 48 V. Warrant. No. 50. 49 Eichard Roe. J 50 Certificate of deposit. 51 This is to certify that Richard Roe, the defendant in the above entitled ac- 52 tion, has this day depoisi'ted with the undersigned, a constable of Will county, II- 53 linois, the sum of fifty dollars ($50), which deposit is made as security that said 54 Richard Roe shall personally be and appear before Henry Brown, Esq., Justice 55 of the Peace of Will county, Illinois, at his office at No. 17 Main Street, Joliet, 56 WUl county, Illinois, at nine o 'clock a. m. on February 24, 1908, and from time 57 to time thereafter to which the trial of the above entitled action may be post- 58 poned and until the final judgment is entered by said justice of the peace in said 59 action, and shall abide the order of the said justice of the peace in all things. 60 Dated Joliet, Illinois, February 17, 1908. 61 Samuel Smith, Constable, [seal.] Sec. 3586. Forfeiture of recognizance or cash deposit.] Whenever any de- 2 fendant, after entering into a recognizance or making a cash deposit as afore- 3 isaid, shall fail to appear before the justice as specified in the recognizance or 4 certificate of deposit, or shall otherwise fail to comply with the conditions there- 5 of, such recognizance or deposit may be declared forfeited by the justice, and, if 6 a recognizance shall have been entered into, judgment may be entered by the 7 justice for the amount of such recognizance in favor of the oognizee and against 8 the cognizors therein named, and the same may be enforced by execution against 9 the defendant, as judgments in other actions for money, or, if a cash deposit 10 shall have been made such cash deposit may be applied in the manner hereinafter 11 provided; but any such judgment upon a, recognizance may be set aside by the 12 justice on application being made therefor by any defendant therein at any time 963 13 within thirty (30) days after the service upon such defendant of an execution is- 14 sued upon such judgment, or after the service upon such defendant of a notice 15 in writing of the entry of such judgment, when it is made to appear to the jus- 16 tice that there was a reasonable excuse for the non-appearance of the defendant, 17 and the defendant shall appear and abide the judgment in the action in which 18 such recognizance was taken. When a cash deposit is forfeited and such forfeit- 19 ure is not set aside as hereinbefore provided the amount thereof shall be applied 20 by the justice, so far as the same may be necessary, or so far as the same may 21 extend, to the. satisfaction of whatever judgment may be entered by the justice in 22 the action in which such deposit has been made and the balance, if any, shall be 23 returned to. the defendant, and the justice, in such case, wnen the defendant fails 24 to appear, may enter judgment against him and in favor of the plaintiff for such 25 sum as the justice may find from the evidence the plaintiff oug^ht to recover, by 26 way of fine or penalty, for the violation by the defendant of the ordinance of the 27 plaintiff. Sec. 1587. Return of cash deposit.] When any defendant 'shall make a cash 2 deposit in lieu of bail as hereinbefore provided and shall appear before the jus- 3 tice in accordance with the terms of such deposit, and shall abide by all the terms 4 thereof the amount thereof shall be returned to the defendant by the justice 5 aJt tlhe time of the entry of the final judgment. Sec. 1588. When defendant released on his own recognizance.] If, upon 2 the arrest of the defendant in any quasi criminal action brought by a municipal 3 corporation to recover a fine O'r penalty for a violation of a municipal ordi- 4 nance, it shall be made to appear that the defendant is the head of a family re- 5 siding with the same in the city, village or incorporated town in whic^h the viola- 6 tion of the ordinance is alleged to have taken place, and that such defendant is 7 a poor person who is not able to enter into a recognizance with security, it shall 8 be the duty of the justice or of the officer, as the case may be, to accept of such 964 : 9 defendant, in lieu of bail, Ms own recognizance, conditioned, as near as may be, .10 as the recognizance hereinbefore provided for; or when it is made to appear 11 that the defendant has a known and fixed place of residence in the city, village 12 or incorporated town in which the violation of the ordinance is alleged to have 13 taken place and it appears probable to the justice or to the officer making the ar- 14 rest, as the case may be, that tlae defendant, if released upon his own recognizance, 15 will appear at such time or times as may be required by the justice, it shall be the 16 duty of the justice or officer, as the case may be, to accept of such defendant, in 17 lieu of bail, his own recognizance, conditioned, as near as may be, as the reoog- 18 nizance hereinbefore provided for. Any defendant who, when released upon his 19 own recognizance as aforesaid, shall fail to appear before the justice at the time 20 or times required by such recognizance shall be deemed guilty of a misdemeanor 21 and upon conviction thereof shall be punished by a fine not exceeding one hun- 22 dred dollars ($100) or by imprisonment in the county jail for not exceeding two 23 months : Provided, however, that no defendant shall be punished as aforesaid 24 when his failure to appear is for a cause w'hich would authorize the court to set 25 aside a forfeiture of his recognizance. But no defendant shall be released upon 26 kis own recognizance, under this section, when, at the time of his arrest, he shall 27 be in a state of intoxication, or when his release may, in the judgment of the jus- 28 tice or officer, result in a breach of the peace. Sec. 1589. PuocEDURB in replevin when property has not been found by 2 officer.] When the property specified in the writ of replevin has not been found 3 by the officer or delivered to the plaintiff and the defendant is served with the 4 writ or enters his appearance, the plaintiff may proceed with the trial of the ac- 5 tion and if, upon the trial, he shall establish his right to the property replev- 6 ied, he shall be entitled to judgment against the defendant for the value there- 7 of, or of his interest therein, and for such damages as he shall have sustained by 8 reason of the wrongful taking and detention of the property. 965 Sec. 1590. nKinds of judgments in eeplevin.] If the plaintiff in an action 2 of replevin fails to prosecute his action with effect or suffers a non-suit or dis- 3 continuance, or if the right of property is adjudged against him, judgment shall 4 be given for the return of the property and damages for the use thereof from 5 the time it was taken until the return thereof shall be made, unless the plaintiff 6 shall in the meantime have become entitled to the possession of the property, 7 when judgment may be given against him for costs and such damages as the de- 8 f endant shall sustain ; or, if the property was held for the payment of any money, 9 the judgment may be in the alternative that the plaintiff, pay the amount for 10 which the same is rightfully held with proper damages within a given time or 11 make return of the property. Sec. 1591. Damages in replevin.] If judgment be given for the plaintiff 2 in an action of replevin he shall recover damages for the detention of the prop- 3 erty while the same was wrongfully detained by the defendant. Sec. 1592. How damajges in replevin assessed.] In either case provided for 2 in the two preceding sections, if the action be tried by a jury, the damages may 3 be assessed by such jury, but if the plaintiff make default or the judgment be 4 given for the defendant without a trial, or if the action be tried by the justice 5 without a jury, the damages may be assessed by the justice. Sec. 1593. Action on replevin bond.] If, at any time, the conditions of the 2 bond required by this act to be given by the plaintiff at the time of the com- 3 mencement of his action of replevin shall be broken, any person having suffered 4 damages by reason of the breach thereof may, in the name of the People of the 5 State of Illinois, for his own use, sue and maintain an action on such bond for 6 the recovery of all such damages and costs as may have been sustained by him 7 in consequence of the breach of such condition. 966 Sec. ] 594. Procedure in action on replevin bond when merits not deter- *2 mined.] When the merits of the action of replevin have not been determined 3 upon the trial thereof the drfendant in the action upon the replevin bond may 4 set up that fact and .his title to the property in dispute in such 'action of re- 5 plevin. Sec. 1595. Notice in replevin to non-resident, etc.] When it shall appear 2 by affidavit of the plaintiff, his attorney or agent, or 'by the return of the officer, 3 that any defendant in an action of replevin before ;a justice of the peace is not a 4 resident of this state; or has departed from this state, or on due inquiry cannot 5 be found, or is concealed within this state so that process cannot be served upon 6 him, notice may be given as provided in this act in case of an attachment and with 7 like effect.' Sec. 1596. Trial op right op property— when to be brought — requisites op 2 judgment.] An action for the trial of the right of property may be instituted 3 before a justice of the peace in every case in which an execution or writ of attach- 4 ment issued by a justice of the peace is levied by any officer upon personal prop- 5 erty within the county in which such action is proposed to be instituted. If, upon 6 the trial of the action, the jury, if the action be tried by jury, or the justice, if 7 the trial be by the justice without a jury, finds that the property in controversy 8 belongs to the plaintiff when the plaintiff is any person other than a defendant 9 in the execution or writ of attachment, or that such property is exempt from 10 such execution or attachment, judgment shall be entered in favor of the plaintiff 11 against the defendants that the plaintiff have and recover from the defendants 12 the possession of the property, together with the costs of the action, such costs 13 to be paid by the plaintiffs in the execution or attachment. If the jury or the jus- 14 tice, as the case may be, finds that the property does not belong to the plaintiff 15 or is not exempt from execution or attachment, as the case may be, judgment 16 shall be entered in favor of the defendants and against the plaintiff for the costs 967 17 of the action and an order shall be entered that the oiRcer proceed in the man- 18 ner provided by law to subject the property to the payment of the execution al- 19 ready issued, or thereafter to be issued, as the case may be. Sec. 1597. Notice to non-resident in action of distress for rent.J When it 2 shall appear by aflSdavit filed before the justice of the peace before whom an ac- 3 tion of distress for reht is pending that the defendant is a non-resident, or has 4 departed from this state, or on due inquiry cannot be found, or is concealed with- 5 in this state, and the affiant shall state the place of residence of such defendant, 6 if known, or, if not known, that upon diligent inquiry he has not been able to 7 ascertain the same, notice may be given as in an attachment action before a jus- 8 tice of the peace. Sec. 1598. Proceedings in distress foe bent.] After the commencement of 2 an action of distress for rent before a justice of the peace, it shall proceed in the 3 same manner, as near as may be, as a case of attachment before such justice, ex- 4 oepting as may be herein otherwise expressly projvided. The defendant may avail 5 himself of any set-off or other defense which would have been proper if the ac- 6 tion had been any form of action for rent and with like effect. If the plaintiff 7 succeeds in his action judgment shall be given in his favor for the. amount which 8 shall appear to be due him. When the defendant has been served with the sum- 9 mons or appears in the action, the judgment shall have the same force and effect 10 as in an action in which a summons has been served upon the defendant and exre- 11 cution may issue thereon not only against the property distrained but also 12 against the other property of the defendant; but the property distrained, if 13 the same has not been replevied or released from seizure, shall be first sold. 14 When publication of notice shall have been made as provided in this act, but the 15 defendant is not served with process and does not appear, judgment by default 16 may be entered and the plaintiff may recover the amount due him for rent at 17 the time of issuing the distress warrant and a special execution shall issue 968 18 against the property distrained, but no execution shall issue against any other 19 property of the defendant. If the judgment is in favor of the defendant he shall 20 recover costs and have judgment for the return of the property distrained, unless 21 the same has been replevied or released from suoh distress. And if a set-off is 22 interposed and it appears that a balance is due from the plaintiff to the defend- 23 ant, judgment shall be rendered for the defendant for the amount thereof. See. 1599. Release of peoperty distbained — bond.] When any distress 2 warrant has been levied the person whose property is distrained may release the 3 same by entering into bond, in double the amount of the rent claimed, payable 4 to the landlord, with sufficient sureties to be approved by the person making the 5 levy, if the bond is tendered before the filing of a copy of the warrant as pro- 6 vided in this act, or, if after, by the justice of the peace before whom the action 7 is pending, conditioned to pay whatever judgment the landlord may recover in 8 the action, with costs of the action. If the ibond is taken before the filing of a 9 copy of the distress warrant such bond shall be filed therewith, and if taken 10 after the filing of a copy of the distress warrant, it shall be filed with the jus- 11 tice of the peace before whom the action is pending. Sec. 1600. Perishable property levied upon by distress warrant.] If any 2 property distrained is of a perishable nature and in danger of immediate waste 3 or decay, and the same is not replevied or bonded, the landlord, or Ws agent or 4 attorney, may, upon giving notice to the defendant or Ms attorney, if either can 5 be found in the county, or, if neither can be found, without any notice, apply to 6 the justice of the peace before whom the action is pending, describing the prop- 7 erty and showing that the same is so in danger, and if such justice of the peace 8 is satisfied that the property is of a perishable nature and in danger of imme- 9 diate waste or decay, and if the defendant or his attorney is not served with no- .10 tice, or does not appear, that he cannot be found in the coamty, he may issue an 11 order to the person having possession of the property directing the sale thereof 969 12 upon such time and such notice; terms and conditions as the justice 'of the peace 13 shall think to the best interest of the parties concerned. Money arising from such 14 sale shall be deposited with the justice of the peace before whom the action: is 15 pending, there to abide the event of the aotion. Sec. 1601. FoBCiBLB detainer— ^w hen maintainable — PBOCEDUEE.] An ac- 2 tion of forcible detainer may be maintained before a justice of the peace in any 3 case in which a similar action is authorized 'by law to be commenced in a court 4 of record^ and in every such action the plaintiff may join, with his claim 'for pos- 5 session of the premises, a claim for rent or damages, not exceeding two' hundred 6 dollars ($200), for the withholding of such possession. Excepting as may be 7 otherwise prescribed by this act, the procedure in an action of forcible' de- 8 tainer 'shall be the same, as near as may be, as in other actions prosecuted before 9 justices of the peace. Sec. 1602. Judgment in fobcible detaineb.J If, in an action of forcible de- 2 tainer, it shall appear on the trial that the plaintiff is entitled to the possession 3 of the whole of the premises claimed, he shall have judgment for the possession 4 thereof and for his costs, but if it shall appear that he is entitled to the posses- 5 sion of only a part of the premises claimed the judgment shall be in his favor 6 for that part only and for costs and for the residue judgment shall be in favor 7 of the defendant ; or, if the plaintiff is non-suited, or it appears that the plaintiff 8 is not entitled to possession of any portion of the - premises claimed, judgment 9 shall be in favor of the defendant for costs. In an action in which the plaintiff 10 also claims rent or damages, if he shall be found entitled thereto, he shall have 11 judgment for the amount to which he is found entitled, but if he is found not en- 12 titled to rent or damages, judgment shall be given in favor of the defendant as 13 to such claim for rent or damages. Sec. 1603. Several tenants.] Whenever there shall have been one lease for 2 the whole of certain premises and the possession thereof at the commencement 970 3 of the 'action of forcible detainer shall be divided in severalty among persons 4 with, or other than, the lessee in one or more portions or parcels .separately or 5 severally held or occupied, all or so many of such persons, with the lessee, as the 6 plaintiff may elec't, may be joined as defendants in one action and the recovery 7 against them with costs shall be several according as their actual holdings shall 8 respectively be found to be. Sec. 1604. Dismissal as to part — judgment as to part.] The plaintiff may 2 at any time dismiss his action as to any one or more of the defendants, and the 3 jury or court may find any one or more of the defendants guilty and the others 4 not guilty, and the court shall thereupon render judgment according to such 5 finding. Sec. 1605. Writ of restitution in forcible detainer.] A writ of restitu- 2 tion in any action of forcible detainer may be issued in any case after the ex- 3 pifaltion of five days after the entry of judgment, but not prior thereto. Sec. 1606. Execution for plaimtiff on judgment for money — forms.] A 2 judgment of a justice of the peace in favor of the plaintiff for the payment of 3 money other than one against a municipal corporation or an executor, admin- 4 istrator, guardian, conservator, receiver or other person acting merely in a rep- 5 resentative capacity, or one rendered in a criminal action, or in a quasi criminal 6 action brought by a municipal corporation for the recovery of a fine or penalty 7 for the violation of a municipal ordinance, may be enforced by execution as fol- 8 lows : 9 First — Defendant personally served or appearing.] In an action in which 10 the defendant has been duly served with the summons or writ or has entered his 11 appearance and in which no writ of attachment or distress w'arrant has bei&n 12 levied, or in which, if such writ of attachment or distress warrant has been levied, 13 such writ of attachment or distress warrant has been quashed or the levy dis- 971 14 charged, may be enforced by general execution against the goods and chattels 15 of the def endanlt, which execution may be in substantially the following form : 16 Before Hbney Brown, Esq.,' Justice op the Peace of Will Coxjnty, Illinois. 17 Joihn Doe T 18 V. [-Action foir money. No. 25. 19 Eiehard Roe. J 20 General Execution. 21 The People of the State of Illinois — Greeting to the sheriff and all constables of 22 Willooiunty: i i 23 We command you that of the goods and chattels of Richard Roe in yoijr 24 county you cause to be made the sum of two hundred dollars ($200) which John 25 Doe, as plaintiff, recovered against Richard Roe, as defendant, on the 12th day 26 of February, 1908, in the above entitled action before me, and also the further 27 sum of four dollars and fifty cents ($4.50) which was adjudged to. the said plain- 28 tiff as costs, and pay over the same to the said plaintiff, John Doe. 29 Witness my hand and seal this first day of March, 1908. 30 Henry Brown, J. P. [seal.] 31 Second — Dependant personally served or appearing in attachment or dis- 32 TRESS POR rent LEVIED UNDER, ETC.] In an actiou in which the defendant has been 33 duly served with the summons or writ, or has entered an appearance, and in 34 which a writ of attachment or distress warrant has been levied and such writ of 35 attachment or distress warrant has not been quashed or the levy discharged, the 36 judgment may be enforced by a general execution against the goods and chattels 37 of the defendant, coupled with a special execution ag'ainst the property levied 38 upon under the writ of attachment or distress warrant, which execution may be 39 in substantially the following form; , : , . 972 40 Before Henry Brown, Esq., Justice op the Peace op Will County, Illinois. 41 John Doe "I V. ^Attachment. No. 30. 42 Richard Roe. J 43 General and Special Execution. 44 The Peoiple of the State of Illinois— Greeting to the sheriff and all consitBtbles of 45 Will county: 46 We command you that of the goods and chattels levied upon under the writ of 47 attachment in the above entitled action, to-wit: (here describe goods and chattels 48 levied upon) as well as from the other goods and chattels of the defendant, Rich- 49 ard Roe, in your county you cause to be made the sum of two hundred dollars 50 ($200), whidh John Doe, as plaintiff, recovered against said Richard Roe, as de- 51 fendant, on the 12th day of February, 1908, in the above entitled action before me, 52 and also the further sum of four dollars and fifty cents ($4.50) which was adjudged 53 to said plaintiff as costs and pay over the same to the said plaintiff, John Doe. 54 Witness my hand and seal this first day of March, 1908. 55 Henry Brown, J. P. [seal.] 56 Note. 57 If the execution be issued in an action of distress for rent, the above form 58 may be varied from by changing the classification of the aotion accordingly and 59 by substituting "distress wa,rrant" for "writ of attachment." 60 Third — Notice by publication without appearance, but with levy, etc.] 61 In an action in which the defendant has been notified by publication of notice 62 only and has not entered an appearance, and in which a writ of attachment or 63 distress warrant has been levied upon property of the defendant, and such writ of 64 attachment or distress warrant has not been quashed or the levy discharged, the 65 judgment may be enforced by a special execution against the property levied 66 upon, which special execution may be in substantially the following form; 973 67 .3keoee Heney Beown, Esq., Justice of the Peace. of Will. County, Illinois, 68 John -Doe T 69 V. I Attachment. No. 35. • i 70 Eichard . Eoe. J 71 Special Execution. 72 The People of the State of Illinois— Greeting to the sheriff and all constables of 73 Will county : 74 We oommand you that of the goods and chattels levied upon under the writ 75 of attachment in the above entitled action, to-wit: (here describe goods and chat- 76 tels levied upon) you cause to be made the sum of two hundred dollars ($200), 77 which John Doe, as plaintiff, recovered against said Eidhard Roe, as -defendant, 78 on the 12th day of February, 1908, in the above entitled action before me, and 79 also the further sum of four dollars and fifty cents ($4.50), which was adjudged 80 to said plaintiff as costs and pay over the same to the said plaintiff, John Doe. 81 Witness my hand and seal this first day of March, 1908. 82 Henby Beown, J . P. [seal.] 83 - Note. \ 84 If the execution be issued in an action of distress for rent, the above form 85 may be varied from by changing the classification of the action accordingly and 86 by substituting "distress warrant" for "writ of attachment." 87 Fourth — Notice by publication without appeaeance oe levy, etc.] In an 88 action in which the defendant has been notified by publication of notice only and 89 has not entered an appearance, and in which no writ of attachment or distress 90 warrant has been levied, or in which, if such writ of attachment or distress 91 warrant has been levied, such writ of attachment or distress warrant has been 92 quashed or the levy discharged, the judgment in favor of the plaintiff, if one 93 be entered, shall be deemed a nullity and shall be without any force or effect. 974 Sec. 1607. Execution in quasi criminal action brought for violation of 2 MUNICIPAL ordinance.] A judgment of a justice of the peace in favor of the 3 plaintiff in a quasi criminal action brought by a municipal corporation to re- 4 ©over a fine or penalty for the violation of a municipal ordinance may be en- 5 forced by the confinement of the defendant in the county jail until the judgment 6 is paid or otherwise satisfied or until the defendant is dischairged in accordance 7 with law, or by the confinement of the defendant in a house of correction or work i house until the fine and costs are paid or worked out by the defendant, or until 9 the defendant is discharged in accordance with law, and every such judgment 10 shall specify the manner in which the same is to be enforced. For tihe purpose 11 of enforcing such judgment the justice shall deliver to the sheriff, or to some 12 constable of the county, a certified transcript of the entries upon his docket in 13 the action specifying in such certificate that such transcript is delivered to the 14 officer for the execution of the judgment, and the sheriff or constable, as the casb 15 may be, shall convey the defendant to the county jail, house of correction or ' 16 work house, as the dase may be, and there deliver him to the keeper thereof, to- 17 gether with such certified transcript, and such keeper shall execute and deliver 18 to the sheriff or constable a receipt for the defendant and shall receive the de- 19 fendant and confine him in such county jail, house of correction or work house 20 until the fine and costs are paid, if the confinement be in the county jail, or until 21 the fine and costs are paid or worked out by the defendant, if the confinement 22 be in a house of oorrecftion or work house, or until the 'defendant is discharged in 23 accordance with law. The following forms of certificate and receipt provided 24 for in this section shall be deemed sufficient and shall be taken as suggestions 25 from which other certificates and receipts may be properly framed : 975 26 1. Cebtificatb. 27 Befobe Henby Bbown, Esq., Justice of the Peace of Will County, Illinois. 28 The City of Joliet ] 29 V. [Warrant. No. 40. 30 Richard Roe. J 31 ' Cebtificatb. 32 , I, Henry Brown, justice of the peace of Will county, Illinois, do hereby cer- 33 tify that the foregoing is a true copy of the entries in my docket in the above 34 entitled action and that the same is delivered to Henry Jones, oonstaJble of Will 35 county, Illinois, for the execution of the judgment in said action. 36 Witness my hand and seal this 3 2th day of February, 1908. 37 Henby Bbown, J. P. [seal.] 38 2. Receipt. 39 Befoee Henby Bbown, Esq., Justice of the Peace of Will County, Illinois. 40 The City of Joliet 1 V. ^Warrant. No. 40. 41 Richard Roe. J - , 42 Receipt. 43 Received from Henry Jones, oonsifable of .Will county, Illinois, the body of 44 Richard Roe, the defendant in the above entitled action, to be by me confined in 45 the county jail of Will county (or in the house of corredtion or work house of 46 the city of Joliet, as the case may be) in >accordance with the judgment entered 47 February 12, 1908, in the above entitled action. > 48 Dated at Joliet, Illinois, February 12, 1908. 49 William Thomas, Jailer. Sec. 1608. Execution fob defendant in beplevin — fobm.] A judgment in 2 favor of the defendant in an action of replevin aiwarding him a return of the 3 property replevied may be enforced by the writ of retorno habendo, which may 4 be In substantially the following form : 976 5 Befoee Henky Brown, Esq., . Justice of the Peace or Will County, Illinois. 6 John I>oe T 7 V. ^Replevin. No. 25. 8 Richard Roa J ^ , 9 Retobno Habendo. ■10 The People of the State of Illinois — Greeting to the sheriff and all constables of 11 ' Will county : 12 We commamd you that you, without delay, cause to be returned to Richard 13 Roe, the defendant in the above entitled action, the following gotods and chat- 14 tels, the return whereof was awiarded to said defendant, Richard Roe, against 15 the said plaintiff, John Doe, by the judgment entered by me in said action on 16 the 12th day of February, 1908, to-wit : , , 17 (Here describe goods and chattels.) ' 18 We also command you that of the goods and chattels of said plaantiff, John 19 Doe, in yooir county, you cause to be made the sum of four dollans and fifty cents 20 ($4.50), which said Richard Roe, as defendant, recovered against said John Doe, 21 as plaintiff, on the 12th day of February, 1908, in the above entitled action before 22 me, and pay over the same to the said defendant, Ridhard Roe. 23 Witness my hand and seal this first day of March, 1908. 24 Henry Brown, J. P. [seal,] Sec. 1609. Execution in trial of right of property — form.] A judgment 2 in favor of the plaintiff in an action for the trial of the right of property may be 3 enforced by a writ of possession, which may be in substantially the following 4 form : 5 Before Henry Brown, Esq., Justice of the Peace of Will County, Illinois. 6 John Doe ] V. ^Trial of Right of Property. No. 20. 7 Richard Roe, et al. J 8 Writ of Possession. 9 The People of the State of Illinois — Greeting to the sheriff and all constables of 10 Will county : 977 11 We command you that you, without delay, take the following goods and 12 cbattelis whien Johai Doe, as plaintiff, recovered against Ricliard Roe and Thomas 13 Jones, as defendants, on the 12th day of February, 1908, in the above entitled 14 action before me, and cause the same to be delivered to said plaintiff, to-wit: 15 (Here descriibe goods and chattels.) 16 We also command you that of the goods and chattels of the defendant Rich- 17 ard Roe in your county you cause to be made the sum of four dollars and fifty 18 cents ($4.50) which John DoCj as plaintiff, recovered against said Richard Roe, 19 as defendant, on the 12th day of February, 1908^ in the above entitled action 20 before me, which was adjudged to the said plaintiff as costs, and pay over the 21 same to the said plaintiff, John Doe. 22 ' Witness my band and seal this first day of March, 1908. 23 Heney Brown, J. P. [seal.] Sec. 1610. Execution fob possession in forcible detainer — ^fobm.] A judg- 2 ment in favor of a plaintiff in an action of forcible detainer, when there is no 3 judgment for rent or damages, may be enforced by writ of possesision, which 4 writ may be in substantially the following form : 5 Before Henry Brown, Esq., Justice of the Peace of Will County, Illinois. 6 John Doe 7 V. 8 Richard Roe. Forcible Detainer. No. 30. 9 Writ of Possession. 10 The People of the State of Illinois— Greeting to the sheriff and all constables of 11 Will county: 12 We command you that you dispossess Richard Roe, the defendant in the 13 above entitled action, and restore the plaintiff, John Doe, to the possession of 14 the premises recovered by said John Doe, as plaintiff, against said Richard Roe, 15 as defendant, on the 12th day of February, 1908, in the above entitled action be- 16 fore me, -which premises are described as follows : 978 17 (Here describe premises.) 1 18 "We also command you that of the goods and chattels of said defendant, 19 Eichard Boe, in your county yon cause to be made the sum of four dollars and 20 fifty cents ($4.50) which John Doe as plaintiff recovered ag^ainat said Eichard 21 Boe, as defendaiilt, on' the 12th day of February, 1908, in the above entitled ac- 22 tion before me, which was adjudged to the sadd plaintiff as his costs, and pay 23 over the same to the said plaintiff, John Doe. 24 Witness my hand and seal this 12th day of March, 1908. 25 i ! Henby Beown, J. P. [seal.] Sec. 1611. Execution foe possession and eent in foecible detainee — foem.J 2 A judgment in favor of the plaintiff in an action of forcible detainer both for 3 possession of the property and rent may be in snbsitantially the following form : 4 Bbfoee Heney Beown, Esq., Justice of the Peace of Will County, Illinois. 5 John Doe 1 6 V. rPorcible Detainer. No. 30. 7 Eichard Eoe. J 8 . Weit of Possession and Execution. 9 The People'of the State of Illinois' — Geeeting to the sheriff and all constables of 11 Will county: , ' ^" ,, | 11 We command you that you dispossess Eichard Eoe, the defendant in the 12 above entitled action, and restore the plaintiff, John Doe, to the possession of 13 the premises recovered by said John Doe, as plaintiff, against said Eichard Eoe, 14 as defendant, on the 12th day of February, 1908, in the above entitled action be- 15 fore me, which premises are described as follows : : ' j 16 (Here describe premises.) " ' | '17 We also command you that of the goods and chattels of mid defendant, 18 Eichard Boe, in your county you cause to be made the sum of two hundred dCl- .979 19 lars ($200), wiaah. sard Jolm Doe, as plaintiff, recovered against said Eiohai-d 20 Eoe, as defendant, on said 12th. day of February, 1908, in the above entitled ae- 21 ti'On before me, as rent, and also the further sum of four dollars and fifty cents 22 ($4.50), which was adjudged to said plaintiff as costs and pay over the same to 23 the said plaintiff, Joihn Doe. 24 Witness my hand and seal this 12th. day of March, 1908. 25 Heney Beown, J. P. [seal.] Sec. 1612. Enforcement of judgment foe money against municipal coe- 2 POBATioN.] A judgment against a municipal oorporation for the payment of 3 money shall be paid by isuch municipal oorporation in the maimer provided by 4 law, and, wihen not so paid, a transcript thereof may be filed in the circuit 5 court of the county in whicb the judgment is rendered 'and sueh circuit court 6 may, on the application of tlie party in whose favor the same is rendered, and 7 upon notice to such municipal corporation, enter such order as may be necessary 8 to compel the proper performance by the officers ©f such miunieipal corporation 9 of their duties with respect to such payment. Sec. 1613. Enfoecement of judgment foe money against executor, etc.] A 2 judgment against an executor, administrator, guardian, conservator, receiver ot 3 :other person acting merely in a representative capacity for the payment of 4 money, shall be paid in due course of administraltion in the m^anner provided by. 5 law and such payment shall be enforced by the court having jurisdiction over 6 the settlement of the acoount.s of such executor or other person acting in a repre- 7 sentative capacity. Sec. 1614. Execution on judgment fob defendant.] A judgment in favor 2 of a defendant, or an intervener, for the recovery of money or of the posses- 3 sion of personal property may be enforced by an execution or writ similar, as 980 4 near as may be, to that hereinbefore prescribed for a similar judgment in favor 5 of a plaintiff. See. 1615. Lien op execution and judgment.] The personal property of 2 every defendant in a judgment for money before a justice of the peace, not ex- 3 empt from execution, shall be bound for the payment of such judgment from the 4 delivery of the execution issued thereon to the proper oflScer ; and the real prop- 5 erty of such defendant, not exempt from execution, shall be bound as aforesaid 6 from the date of the filing of a transcript of the judgmeiit in the office of the 7 clerk of the circuit court as provided in this act, to the same extent and upon 8 like oonditionis as a judgment entered in a circuit court. Sec. 1616. Indorsement — levy — sale — notice.] Every constable to whom 2 - an execution stall be delivered, shall indorse on the same an exact memorandum 3 of the day and hour when the same shall have oome to his hands, and shall imme- 4 diately proceed to levy the same, indorsing also on the execution ithe date of 5 such levy, and make an exact inventory of the pi^operty on which the siame shall 6 have been levied; and shall appoint a day and hour for the sale of said prop- 7 erty, giving ten days' previous notice of such sale, by advertisement in writing 8 to be posted up at three public places of the vicinity where the same is to be 9 made; and on the day so appointed the said constable sihall sell the property so 10 levied on, or so mue void ; otherwise the same is to 43 be and remain in full force and effect. 44 RicHAKD Roe [seal.] 45 ■ Henby Roe [seal.] 46 Approved March 1, 1908. 47 John Bbown, Constable. Sec. 1618. When execution eeturnable.] Every execution shall be re- 2 turned by the officer to whom it is delivered within seventy days after the date 3 thereof: Provided, however, that when property is levied upon under such exe- 4 cution the same need not be returned until the lapse of such length of time as 5 may be necessary to complete the sale of the property levied upon. Sec. 1619. Paying money.] On the return of any execution the officer shall 2 pay to the justice of the peace who issued the same all money collected thereon 3 not previously paid to the plaintiff, including unpaid costs. Sec. 1620. Execution to anothbb county.] When it shall appear by the 2 return of any execution issued as aforesaid that the defendant has not personal 3 property within the county sufficient to satisfy the judgment, and it is desired by 4 the plaintiff to have execution issued to some other county in which it is alleged. 5 that the defendant has personal property, the justice shall issue execution di- 6 reoted to the sheriff or any constable of the county wfhere such property shall 7 be said to be, to which execution shall be attached an official certificate of the 8 county clerk of the county in which the same shall be issued setting forth that 983 9 such justice was, at the time of issuing said execution, a justice of the peacrin 10 and for said county. Sec. 1621. When execution may issue.] No execution shall be issued by a 2 justice of the peace in any action for money, distress for rent action, attachment 3 action, replevin action, or trial of right of property action,, until after the expira- 4 tion of twenty days from the date of the judgment on which such execution is 5 to be issued, unless the party applying for the same, his agent m aittorney, shall 6 make oath that 'he believes the benefit of the judgment will be lost unless execu- 7 tion be issued forthiwith. But no sale of any property under such execution shall 8 tal^e place within twenty days from the date of the judgment, nor shall the is- 9 suing of such execution deprive either party of the right to appeal. Sec. 1622. Duty oe opficees.J When any execution shall issue to another 2 county, as provided in the preceding section, it shall be the duty of the officer re- 3 ceiving the same to proceed to the collection of the same and make return as in 4 other cases. Sec. 1623. Execution to issue within seven yeaes.J Execution 'shall be al- 2 lowed to issue upon a judgment of a justice of the peace at any time within seven 3 years next after the rendition thereof and not afterwards. Sec. 1624. Action on judgment.] An action may be brought upon a judg- 2 ment of a justice of the peace at any time within ten years next after the rendi- 3 tion thereof and not afterwards. No such action shall be brought upon said 4 judgment in a court of like jurisdiction within the same county wihere such judg- 5 ment may be rendered until the expiratiou of seven years next after its rendi- 6 tion. Sec, 1625. Statute not to eun pending appeal.] The time during which 2 any judgment of a justice of the peace may be in another court on appeal shall 3 not be oouBted as a part of the time mentioned in the two preceding sections. > 984 ; ' . 1 Sec. 1626. Transcript — certii'ica.te to circuit court.] When an execution 2 issued upon a judgment of a justice of the peace is returned unsatisfied, in whole 3 or in part, ;and it is desired by the plaintiff to haive the same levied on real prop- 4 erty in the county in whioh the same is rendered, or in any other county, it shall 5 be lawful for the jusitice to certify to the clerk of the circuit court of the county 6 where sudh judgment was rendered a transcript, which shall thenceforward 7 have the effect of a judgment of such court and execution shall issue thereon out 8 of that court as in other cases. Sec. 1627. Supplementary proceeding.] Any judgment heretofore or here- 2 after rendered by any justice of the peace, when lihe amount due thereon, exclu- 3 sive of interest and costs, exceeds twenty-five dollars ($25) and when an execu- 4 tion has been issued thereon and returned unsatisfied, may be enforced by sup- 5 plementary proceedings in any court of record of original jurisdiction in the 6 manner hereinafter provided. Sec. 1628. What transcript to contain — form of certificate.] Every 2 transcript desired to be used for the purposes mentioned in the two preceding 3 sections shall contain all the entries in the docket of the justice in the action and 4 shall be certified by the justice of the peace making the same to be truly copied 5 from his docket. Such certificate may be in substantially the following form : 6 I, Henry Brown, a justice of the peace of Will county, Illinois, do hereby 7 certify that the foregoing is a true copy from my docket of the proceedings in 8 the case of John Doe v. Eichard Roe, Action for Money, No. 25. 9 Witness my hand and seal this first day of March, 1908. 10 Henry Brown, J. P. [seal.] 985 DIVISION LXIII. PEACTICE BEFOBE JUSTICES OF THE PEACE IN PEACE PEOCEEDINGS. Section 1629. Complaint — requisites — form. 1630. Warrant — form. 1631. Arrest of defendant — hearing — order ■ — recognizance. 1632. Discharge or commitment of defend- ant. ^633. Co&ts of prosecution. Section ' ' 1634. Appeal — recognizance — form. 1635. Defendant committed discharged when. 1636. Sureties may surrender principal. 1637. Person surrendering may recognize anew, 1638. No dismissal for informality. Sec. 1629. Complaint — requisites — foem.J When any person shall com- 2 plain to a justice of the peace that a person has threatened or is about to commit 3 an offense iagainst the person or property of another, such complaint shall be 4 reduced to writing and shall be subscribed and sworn to by the person oomplain- 5 ing. Such complaint shall contain a concise statemenit of the offense alleged to 6 be threatened or to be about to be committed, the name of the person alleged to 7 have threatened or to be about to commit the offense, and that the complainant 8 has just and reaisonable grounds to believe that such person is abonit to commit 9 sudh offense. The following form of complaint shall be deemed sufificiemt and 10 shall be taken as furnishing suggestions from which other complaints may be 11 properly framed: 12 Before Henry Bbown, Esq., Justice of the Peace of Will County, Illinois. 13 The People of the 14 State of Illinois. 15 V. 16 Richard Boe. Peace Proceeding. No. 25. 17 Complaint. 18 John Doe,' who prosecutes in this behalf in the name and by the authority of 19 the People of the State of Illinois, on his oath complains and says, that on the 20 first day of Janiiary, 1908, at Joliet, in said county of Will, Richard Roe did un- 21 lawfully threaten that he, the said Richard Roe, would kill and murder him, the 986 ; , . ' 22 said Jdhn Doe, against the peace and dignity of the same People of the State of 23 Illinois. i ' John Doe. 24 Subscribed and sworn to before me this 10th day of January, 1908. 25 Henky Bbown, 26 Justice of the Peace. Sec. 1630. Warrant — foem.] If, from the said complaint and from such 2 evidence as may be produced before the justice in support of the same, the jus- 3 tice is satisfied thait there is danger that such offense will be committed, the 4 justice .shall file the complaint and enter the action in his docke't under the title 5 of the People of the State of Illinods against the person accused, and shall issue 6 a warrant directed to the sheriff and all constables of 'the county requiring them 7 to forthwith apprelhend the person complained of :and bring him before the jus- 8 tice, which warrant may be in substantially the following foirm: 9 Before Henry Brown, Esq., Justice of the Peace op Will County, Illinois. 10 The People of the 11 State of Illinois 12 V. 13 Ridhard Boe. Peace Proceeding, No. 25. 14 Warrant. 15 The Peiople of the State of Illinois — Greeting to the sheriff and all constables of 16 Will county : 17 We command you that you take Eichard Roe and him safely keep so that 18 you have his body instanter before me at my office at No. 17 Main Street, in 19 Joliet, Will county, Illinois, to answer to the People of the State of Illinois for 20 having threatened to kill and murder one John Doe with which the siaid Richard 21 Boe stands charged before me as by a certain complaint on oath preferred 22 against him in that behalf appears and to be dealt with according to law. 23 Witness my hand and seal this 10th day of January, 1908. 24 Henry Brown [seal.] 25 Justice of the Peace. 987 ; ' 2 Sec. 1631. Arrest of defendant — hearing — order — recognizance — form.] 2 The officer to whom the warrant is delivered shall execute the same, when prac- 3 ticable, by arresting the defendant and bringing him before the justice. When 4 the defendant is brought before the justice, if the charge is controverted, the 5 testimiony of. both sides shall be heard. If it shall appear to the justice that 6 there is no just reason to fear the commission of the offense the defendant shall • 7 be discharged ; and if the justice be of the opinion that the prosecution was 8 commenced maliciously without proper oausci, the justice may give judgment 9 against the complainant for the costs of the prosecution. If, however, there is 10 just reason to fear the commission of such offense the defendant shall be re- 11 quired to give a recognizance with sufficient security, in sudh sum 'as the justice 12 may direct, to keep the peace towards all the People of this State, and especially 13 towards the person against -whom or whose property there is just reason to fear 14 the offense may be committed, for such time, not exceeding twelve months, as the 15 justice may order. Such recognizance may be in substantially the following 16 form, toi-wit: 17 Before Henry Brown, Esq., Justice of the Peace of Will, County, Illinois. 18 The People of the 19 State of Illinois 20 V. 21 Richard Roe. Peace Proceeding. No. 25. 22 Recognizance to Keep the Peace. 23 This day personally appeared before the undersigned, a justice of the peace 24 of Will ciO'unty, liHinois, Richard Roe, as principal, and William Roe and 25 William Smith, as sureties, and jointly and severally acknowledged themselves 26 to owe and to be indeibted unto the People of the State of Illinois in the penal 27 sum of five hundred dollars ($500) to be levied of their goods and chattels, 28 lands and tenements, respectively, in such manner as the law directs. 29 The condition of this recognizance is such that if the above bounden Richard 30 Roe ,s3iall keep the peace towards all the People of this State, and especially 988 ■", ;: ; 31 towards Joim Doe of said Will oounty, for six montlis from the 12th day of 32 January, 1908, then this recognizance is to be void ; otherwise the same is to 'be 33 and remaia in full f oree and effect, 34 Witness our hands and seals at Joliet, Illinois, this 12th day of January, 35 1908. ' Richard Eoe, [seal.] 36 William Roe, [seal.] 37 ' William Smith, [seal.]- 38 Taken, acknowiledged and entered into before me this 12th day of January, 39 1908. Heney Bbown, J. P. Sec. 1632. Discharge or commitment op defendant.] If the person so 2 ordered to recognize complies with the order he shall be discharged, but if be 3 refuses or neglects the jusitice shall commit him to jsdl during the period for 4 which he was required to give security or until he so recognizes, stating in the 5 warrant the cause 'of the commitment, with the sum and time for which the 6 security was required. Sec. 1633. Costs of prosecution.] When a person is reqiuired to give 2 security to keep the peace or for his good behavior the justice may further 3 order thalt the costs of prosecution, or any part thereof, shall be paid by such 4 person, who shall stand committed until the costs are paid or he is otherwise 5 legally discharged. Sec. 1634. Appeal— RECOGNIZANCE — form.] Whoever is aggrieved by the 2 order of the justice requiring him to recognize as aforesaid may, on giving the 3 security required, prosecute an appeal from such order to the circuit court of 4 the same county, or, in Cook county, to the criminal court of Cook county. 5 Such recognizance shall also contain a condition that the person appealing shall 6 pay the costs of the appeal, in ease the order is affirmed or the appeal is dis- 7 missed, and the same may be in substantially the following form: 989 8 Before Henry Brown, Esq., Justice of the Peace of Will County, Illinois. Peace Proceeding. No. 25. 9 The People of the 10 State of Illinois 11 V. 12 Richard Roe. 13 Recognizance on Appeal. 14 This day personally appeared before the undersigned, a jnstice of the peace 15 of Will county, Illinois, Richard Roe, as principal, and William Roe and William 16 Smith, as sureties, and jointly and severally acknowledged themselves to owe and 17 to be indebted unto the People of the State of Illinois in the penal sum of five 18 hundred dollars ($500) to be levied of their goods and chattels, lands and tene- 19 ments, respectively, in such manner as the law directs. 20 The condition of this recognizance is such that whereas the undersigned, a 21 justice of the peace of Will county, Illinois, in pursuance of the statute in such 22 case made and provided, did on the 12th day of January, 1908, order and require 23 the above bounden Richard Roe to give a recognizance with sufficient isecurity, 24 in the sum of five hundred dollars ($500), to keep the peace towards all the ,25 people of this state, and especially towards John Doe, for twelve months from 26 the 12th day of January, 1908, and to pay the costs of the action, from which 27 order the said Richard Roe has taken an appeal ' to the circuit court of Will 28 county. ' ' 29 Now, therefore, if the said appellarvt, Richard Roe, shall pay the costs of 30 the appeal in case the said order is affirmed or the appeal dismissed, and shall 31 also keep the peace towards all the people of this state and especially towards 32 the said John Doe for six months from the 12th day of January, 1908, then this 33 recognizance is to be void ; otherwise the same is to be and remain in full force 34 and virtue. ^ Richard Roe, [seal.] 35 William Roe, [seal.] 36 William Smith, [seal.] 37 Taken, acknowledged and entered into before me this 12th day of January, 38 1908. Henry BrowNj J. P. 990 . , • Sec. 1635. Defendant committed discharged when.] A person committed 2 for not finding sureties or refusing to recognize as required by the justice may 3 be discharged by any justice '6f the peace or coy,rt of record of competent juris- 4 diction on giving such security as was required. Sec. 1636. Sureties may surrender principal.] The sureties of any person 2 bound to keep the peace may at any time surrender their principal to the sheriff 3 of the coiunty in which the principal was bound, under the same rules and regula- 4 tions governing the surrender of the principal in other criminal actions. Sec. 1637. Person surrendering may recognize anew.] Any person so 2 surrendering may recognize anew with sufficient sureties before any justice of 3 the peace, or court of record of competent jurisdiction, for the residue of the 4 time and shall thereupon be discharged. Sec. 1638. No dismissal for informality, etc.] No proceeding to prevent 2 a breach of the peace shall be dismissed on account of any infoirmality or in- 3 isufficiency of the complaint or of any writ or proceeding, but the same may 4 be amended by order of the court or justice of the peace to conform to the truth 5 in the case. DIVISION LXIV. practice before justices of the peace in search warrant proceedings. Section Section 1639. Complaint — requisites — form. 1640. Warrant — form. 1641. Power of officer. 1642. Return of officer. 1643. Keeping property — final disposition. 1644. When costs taxed against complain- ants. 1645. Search of person for weapon. Sec. 1639. Complaint — requisites — form.] When any person shall 2 complain to a justice of the peace that personal property (particularly describ- 991 - 3 ing the same) has been stolen, embezzled or fraudulently obtained by false 4 tokens or pretenses, and that the condplainant believes that it is ooneealed in 5 any hiouse or place (particularly describing the same), such complaint shall be 6 reduced to writing and shall be subscribed and sworn to by the person oomplain- 7 ing. The following form of complaint shall be deemed sufficient and shall be 8 taken as furnishing suggestioois from which other complaints may be properly 9 framed : ' , . . 10 Befobe Henry Brown, Esq., Justice of the Peace of Will County, Illinois. 11 The People of the 12 State of Illinois 13 V. 14 No. 95 Main Street, 15 Joliet, Illinois. "Search Warrant. No. 21. 16 Complaint. 17 John, Doe on his oath complains and says that on or about the first day of 18 January, 1908, the following described goods and chattels of him, the siaid John 19 Doe, to-wit : one open faced Elgin watch and ten silver tablespoons were felon- 20 iously taken, stolen and carried away and this complainant verily believes that 21 the isaid goods and dhattels, or a portion thereof, are now concealed in the 22 premises known as No. 95 Main Street, in Joliet, in said county of Will, and 23 that the following are this complainant's reasons for the said belief, to-wit: 24 that complainant w- Jury to determine penalty — judgment. 1674. Execution of judgment. 1675. How fines to be worked out. Sec. 1663. Criminal action commenced by complaint — form.] Every 2 criminal action punishable by fine only of -wihich a justice of the peace has juris- 3 diction may be commenced by the filing with the justice of a complaint under oath 4 of any competent person, setting forth the commission of the offense and specify- 5 ing the person guilty thereof and the time and place of the commission thereof. 6 Such complaint may be in substantially the following form : 1006 7 Befoee Henky Bkown, Esq., Justice of the Peace op Will County, Illinois. 8 The People of the \ 9 State of Illinois 10 V. 11 Eichard Roe. Criminal. No. 15. 12 Complaint. 13 John Doe, who prosecutes in this behalf in the name and by the authority of 14 the P-eople of the State oif Illinois, on his oath says that Richard Roe, late of said 15 county of Will heretofore, to wit : on the 10th d^y of Feibruary, 1908, at said 16 county of Will (here describe the offense), against the peace and dignity of the 17 same People of the State of Illinois. 18 John Doe. 19 Subscribed and sworn to bef^ore me this 10th day of February, 1908. 20 . Henry Beown, J. P. Sec. 1664. Wabeant — form.] Upon the filing of a complaint as provided in 2 the preceding section, the justice may issue a warrant directed to the sheriff and 3 all constables of his county, and returnable either forthwith or at a fixed hooir and 4 day, for the arrest of the person charged with the offense, which warrant shall 5 have endorsed thereon the amount of the recognizance to be taJben from the de- 6 f endant and the amount of the cash deposit to be required in lieu of a recogni- 7 zance and may be in substantially the following form: 8 Before Heney Beown, Esq., Justice of the Peace of Will County, Illinois. 9 The People of the 10 State of Illinois 11 V. 12 Richard Roe. ■Criminal. No. 15. 13 Warrant. 14 The People of the State of Illinois — Greeting to the sheriff and all constables of 15 Will county: 16 We command you that yon take Ridhard Roe, if he be found in your county, 17 and him safely keep so that you may have his body before me at my office at No. 18 17 Main Street, in Joliet, Will county, Illinois, instanter to answer to the People ^ 1007 19 of the State of Illinois for and oooioeniing the crime of (here describe crime) with 20 which th© said Ridhard Roe stands charged before me in a certain complaint under 21 oath. 22 Witness my hand and seal at Joliet, Illinois, this 10th day of February, 1908. 23 Henby Brown, J. P. [seal.] 24 Amount of Recognizance $100. 25 Amount of Cash Bail $50. 26 Note. 27 When the warrant is returnaible at a fixed time the foregoing form may be 28 varied from by inserting in lieu of the word ' ' instanter, ' ' the hour and day at 29 which the same is made returnable. Sec. 1665. Special constable appointed when.] Any justice of the peace 2 may appoint a suitable person to act as constable in a criminal action where there 3 is a probability that a person charged with any offense will escape before appli- 4 (iation can be made to a qualified constable; and the person sio appointed shall 5 act as constable in that action and no other, and any temporary appointment so 6 made as aforesaid shall be made by written indorsement under the seal of the 7 juisitice at the foot of the process which the person receiving the same shall be 8 authorized 'to execute. Such indorsement may be in the following form : 9 To George Thomas : 10 You are hereby appointed special constable to execute the within writ. 11 Henry Brown, J. P. [seal.] Sec. 1666. Arrest of defendant — ^recognizance executed to or cash bail 2 deposited with justice — forms.] Upon the arrest of the defendant in a criminal 3 action the officer making the arrest shall, if the warrant be returnable forthwith, 4 bring the defendant immediately before the justice, who shall proceed at once to 5 hear and determine the action according to law, unless for good cause shown the 6 trial sha.ll be postponed. In case the trial be postponed the defendant shall be al- 1008 7 lowed to enter into a recognizance with security for his appearance before the jus- 8 tice, from time to time until the final determination of the afi-tion, or to make a 9 cash deposit in lieu of such recognizance. In case the defendant shall make a cash 10 deposit the justice shall execute and deliver to him a certificate thereof, a dupli- 11 cate of which shall be executed by the justice and filed with the papers in the ac- 12 tion and a minute thereof shall be entered by the justice in his docket. The fol- 13 lowing forms of recognizance and certificate 'of deposit provided for in this section 14 shall be deemed sufficient and shall be taken as furnishing suggestions from 15 which other recognizances and certificates of deposit may be properly framed : 16 1. Eecognizanoe taken by justice in criminal action. 17 Before Henry Brown, Esq., Justice of the Peace of Will County, Illinois. .18 The People of the 19 State of Illinois 20 • V. 21 Eichard Eoe, Criminal. No. 100. 22 Eecognizance. 23 This day personally appeared before the undersigned, a justice of the peace of 24 Will county, Illinois, Eichard Eoe, as principal, and Thomas Jones, as surety, 25 and jointly and severally acknowledged themselves to owe and to be indebted unto 26 the People of the State of Illinois in the penal sum of one hundred dollars ($100), 27 to be levied of their goods and chattels, lands and tenements, respectively, in such 28 manner as the law directs. 29 The condition of this recognizance is such that if the above bounden Eichard 30 Eoe shall personally be and appear before the undersigned, justice of the peace as 31 aforesaid, at his office at No. 17 Main Street, Joliet, Will county, Illinois, at nine 32 o'clock, A. M., on February 24, 1908, and from time to time thereafter to which the 33 trial of the above entitled action may be postponed and until the final judgment is 34 entered by the undersigned justice of the peace in said action, and shall abide the 35 order of the undersigned, as justice of the peace as aforesaid, in all things, then 1009 36 this reoognizance is to be void; otherwise the same is to be. and remain in full 37 force and virtue. 38 Witness onr hands and seals at Joliet, Illinois, this 17th day of February, 39 1908. *" ElOHAED EOE [seal.] *■'■ Thomas Jones [seal.] 42 Taken, acknowledged and entered into before me this 17th day of February, 43 1908. ^ ■ Heney Brown, J. P. [seal.] 45 2. Cektificate of justice of cash deposit in criminal action. 46 Before Henry Brown, Esq., Justice of the Peace of Will County, Illinois. 47 The People of the " '48 State of Illinois 49 V. 50 Eichard Eoe. •Criminal. No. 100. 51 Certificate of Deposit. 52 This is to certify that Eichard Eoe, the defendant in the above entitled ac- 53 tion, has this day deposited with the undersigned justice of the' peace of Will 54 county, Illinois, the sum of fifty dollars ($50), which deposit is made as security 55 that said Eichard Eoe shall personally be and appear before the undersigned at 56 his 'Office at No. 17 Main Street, Joliet, Will county, Illinois, at nine o'clock, a. m., 57 on February 24, 1908, and 'from time to time thereafter to which the trial of the 58 above entitled action may be postponed and until the final judgment is entered by 59' the undersigned justice of the peace in said action and shall abide the order of the 60 undersigned, as justice as aforesaid, in all things. 61 Dated Joliet, Illinois^ February 17, 1908. 62 Henry Brown, J. P. [seal.] Sec. 1667. Arrest of dependant — recognizance taken by or cash bail de- 2 posited with officer — forms.] Upon the arrest of the defendant in a criminal ac- 1010 3 tion the officer making the arrest shall, if the warrant be not returnable forthwith, 4 permit the dtefendajit to enter into a recognizance with isieourity for his appeiar- 5 ance before the justice at the time fixed in the warrant therefor, and from time to 6 time thereafter to which the trial of the action may be postponed, or to make a 7 cash deposit in lieu of such recognizance, and, in case the defendant shall make a 8 cash deposit the officer shall execute and deliver to him a certificate thereof, a 9 duplicate of which shall be executed by the officer and delivered to the justice to- 10 gether with the warrant and the money deposited by the defendant and the justice 11 shall enter in his docket a minute thereof. The following forms of recognizance 12 anid certificate of deposit shall be deemed .sufficient and shall be taken as f urnish- 13 ing suggesitions from wihich other recognizances and certificates of depotsit may be 14 properly framed : 15 1. Ebcognizancb taken by officee in warrant action. 16 Before Henry Brown, Esq., Justice of the Peace of Will County, Illinois. 17 The People of the • 18 State of Illinois 19 V. 20 Richard Roe. Criminal. No. 100. 21 Recognizance. 22 This day personally appeared before the undersigned, a constable of Will 23 county, Illinois, Richard Roe, as principal, and Thomas Jones, as surety, and 24 jointly land severally acknowledged themselves to owe and to be indebted unto the 25 People of the State of Illinois in the penal sum of one hundred dollars ($100), to 26 be levied of their goods and chattels, lands and tenements, respectively, in such 27 manner as the law directs. 28 The condition of this recognizance is such that if the albove bounden Richard 29 Roe shall personally be and aippear before Henry Brown, Esq., a justice of the 30 peace of Will county, lUinios, at his office at No. 17 Main Street, Joliet, Will eoun- 31 ty, Illinois, at nine o'clock, a. m., on February 24, 1908, and from time to time 32 thereafter to which the trial of the above entitled action may be postponed, and 1011 33 uiiitil the iSinal judgment is entered by said justice of ike peace in said action and 34 shall abide the order of said justice of the peace in all things, then this reoogni- 35 zance is_ to be void ; otherwise the same is toi be and remain in full force and virtue. 36 Witness our hands and seals at Joliet, lUiniois, this 17th day of February, 37 1908. 38 RlCHAKD EoE [SEAl,.] 39 Thomas Jones [seal.] 40 Taken, acknowledged and entered into before me this 17th day of February, 41 1908. 42 Samuel Smith, Constable, [seal.] 43 2. Certificate op constable of cash deposit in criminal action. 44 Before Henry Brown, Esq., Justice of the Peace of Will County, Illinois. 45 The People of the 46 State. of Illinois 47 V. 48 Richard Eoe. Criminal. No. 100. 49 Certificate of Deposit. 50 This is to certify thait Richard Roe, the defendant in. the above entitled action, 51 has this day deposited with the undersigned, a constable of Will county, Illinois, 52 the sum of fifty dollars ($50), which deposit is made as security that said Richard 53 Roe shall personally be and appear before Henry Brown, Esq., justice of the 54 peace of Will county, TUinois, at his office at No. 17 Main Street, Joliet, Will 55 county, Illinois, at nine o'clock, a. m., on February 24, 1908, and from time to 56 time thereafter to which the trial of the above entitled action may be postponed 57 and until the final judgment is entered by said justice of the peace in said action, 58 and shall abide the order of said justice of the peace in all things. 59 Dated Joliet, Illinois, February, 17, 1908. (30 ; Samuel Smith, Constable. Sec. 1668. Forfeiture of recognizance or cash deposit.] Whenever any de- 2 fendant, after entering into a recognizance or making a cash deposit as aforesaid, 1012 3 shall fail to appear before the justice as specified in the recognizance or certificate 4 of deposit, or shall otherwi'Se fail to comply with the conditions thereof, suoh rec- 5 ognizanoe or deposit may be declared forfeited by the justice, and, if a recogni- 6 zance shall have been entered into, judgment may be entered by the justice for the 7 amount of such reooignizanoe in favor of the oognizee and against the coghizors 8 therein named and the s:ame may be enforced by execution against the defendant 9 as judgments in other actions for money, or, if a cash deposit shall have been 10 made, sucih cash deposit may be applied in the manner hereinafter provided ; but 11 any such judgment upon a recognizance may be set aside by the justice on ap- 12 plioation being made therefor by any defendant therein at any time within thirty 13 (30) days after the service upon such defendant of an execution isisued upon such 14 judgment, ot after the service upon such defendant of a notice in writing of the 15 enltry of such judgment, when it is made 'to appear to the justice that there was a 16 reasonable excuse for the non-appearanoe of the defendant and the defendant 17 shall appear and abide the jncJgment in the action in which such recognizance was 18 taken. "When a cash deposit is forfeited and isuoh forfeiture is not set aside as 19 hereanbefore provided, the amount thereof shall be applied by the justice, so far 20 as the same may be necessary or so far as the same may extend, to the satisfaction 21 of whatever judgment may be entered by the ji^tice in the action in which such 22 deposit has been made and the balance, if any, shall be returned to the defendant, 23 and the justice in such case, when the defendant fails to appear, may proceed with 24 the trial of the action and may enter such sentence and judgment against the de- 25 fendanit and in favor of the plaintiff as, in the opinion of the justice, the evidence 26 may require, and such judgment may be enforced in the manner provided by this 27 act for the enforcement of judgments of justices of the peace in criminal actions 28 to the same extent as if the defendant had personally appeared at the trial : Pro- 29 vided, however, that such judgment shall only be enforced to the amount of the ex- 30 cess thereof over and above the amount of the deposit aforesaid. 1013 Sec. 1669. Return of cash deposit.] When any defendant shall make a cash 2 deposit, in lieu of 'bail, as hereinbefore provided and shall appear before the jus- 3 tice in accordance with the terms of such deposit and shall abide by all the condi- 4 tions thereof, the amount of such deposit shall be returned to the defendant by the 5 justice at the time of the entry of the final judgment. Sec. 1670. When defendant released on his own recognizance.] If, upon 2 the arrest of the defendant in any criminal action,' the justice of the peace, or the 3 officer making the arrest, as the case may be, shall be satisfied that the defendant 4 is the head of a family and residing with the same in the county in which the of- 5 fense is alleged to have been committed and that such defendant is a poor person 6 who is not able to enter into a recognizance with security, ii shall be the duty of 7 the justice, or of the officer, as the case may 'be, to accept of such defendant, in 8 lieu of bail, his own recognizance, conditioned, as near as may be, as the recogni- 9 zance hereinbefore provided for ; or, when the justice of the peace, or the officer 10 making the arrest, as the case may be, shall be saJtisfied that the defendant has a 11 known and fixed place of residence in the county in which the offense is alleged to 12 have been committed," and it appears probable to the justice or to the officer mak- 13 ing the arrest, as the case may be, that the defendant, if released upon his own 14 reco'gnizance, will appear at such time iot times as may be required by the justice, 15 it shall be the duty of the jusitioe or officer, as the case may be, to accept of such de- 16 fendant, in lieu of bail, his own recognizance conditioned, as near as may be, as the 17 recognizance hereinbefore provided for. Any defendant who, when released upon 18 his own recognizance as aforesaid, shall fail to appear before the justice at the 19 time or times required by such recognizance, shall be deemed guilty of a misde- 20 meanor and upon conviction thereof may be punished by a fine not exceeding one 21 hundred dollars ($100) or by imprisonment in the county jail for not exceeding 22 two months : Provided, however, that no defendant shall be punished as af ore- 23 spdd wben his failure to appear is for a cause which would authorize the court to 1014 ! 24 set aside the forfeiture of his recognizance. But no defendant shall be released 25 upon his oiwn recognizance under this section, when, at the time of his arrest, he 26 shall be in la state ojf intoxication, or when his release may, in the judgment of the 27 justice or officer, result in a breach of the peace. Sec. 1671. Amount of recognizance ok cash deposit.] The amount of the 2 recognizance required in any crimina] action before a justice of the peace, shall 3 be not less than fifty dollars ($50) nor more than two hundred dollars ($200) 4 and the same shall be either fifty dollars ($50) or some multiple thereof. The 5 amount of cash deposit, required of the defendant in lieu of bail in a criminal 6 action before a justice of the peace, shall be the maximum fine which may be ira- 7 posed upon the defendant and five dollars ($5) in addition thereto, but the same 8 shall in no case exceed one hundred dollars ($100). Sec. 1672. Trial of action — jury.] If, upon the trial of the action, the jus- 2 tice find the defendant guilty he shall enter judgment against him for the fine 3 and costs of tihe action, but if he find him not guilty he shall discharge him with- 4 out costs. The defendant may have the action tried by a jury upon tbe same con- 5 ditions and the jury shall be summoned and impaneled in the same m'anner as in 6 civil actions before justices of the peace, but the defendant shall not be required 7 to advance the jury fees. Sec. 1673. Jury to determine penalty^ — judgment.] If the jury find the ac- 2 cused guilty they shall assess the fine, and upon the jury returning their verdict 3 the justice shall minute the same in his docket and shall enter judgment therein 4 accordingly with costs ; but if the jury return a verdict of not guilty, the justice 5 shall discharge the defendant mthont costs. If the judgment be against the de- 6 fendant sentencing him to pay a fine and costs it shall recite the manner in which 7 the same shall be enforced as provided in the succeeding section. ' ' ! .1015 Sec. 1674. Execution of judgment.] A judgment of a justice of the peace 2 against a defendant in a criminal action, when the execution thereof is not stayed 3 hj appeal or otherwise as provided by this act, shall be enforced in the following 4 manner : 5 First — Fine and commitment to jail until payment.] When the sentence 6 is that the defendant pay a fine and that he stand committed to the county jail 7 until the fine and costs are paid or until he is discharged in accordance with law, 8 the justice shall deliver to the sheriff, or to some constable of the county, a certi- 9 fied transcript of the entries upon his docket in the action, specifying in such cer- 10 tifioate tinat such transcript is delivered to the officer for the execution of the 11 judgment, and the sheriff, or oonstalble, as the case may be, shall convey the de- 12 fendant to the county jail and there deliver him to the beeper thereof, together 13 with such oeritified transcript, and, if such delivery be made by a constable, such 14 keeper shall execute and deliver to the consta'ble a receipt for the defendant and 15 shall receive the defendant and confine him in such county jail until the fine and 16 costs are paid, or until the defendant is discharged in accordance with law. The 17 reoeipit in this section provided for may be in substantially the following form : 18 Beeobe Heney Bkown, Esq., Justice oe the Peace of Will County, Illinois. 19 The People of the ' 20 State of Illinois 21 V. 22 Richard Roe. Criminal. No. 50. 23 Receipt. 24 Received from Henry Jones, a constable of Will county, Illinois, the body of 25 Richard Roe, the defendant in the above entitled action, to be by me confined in the 26 county jail of Will county in accordance with the judgment entered February 12, 27 1908, in said action. 28 Dated at Joliet, Illinois, February 12, 1908. 29 Heney Thomas, Jailer, 1016 30 Second — Fine and commitment to work-house until payment.] When the 31 sentence is that the defendant pay a fine and that he stand oommitted to a house 32 of oo'rreotion or wo'rk-housie until the fine and oosits are paid or worked out by 33 the defendant or until he is discharged in accordance with law, the justice shall 34 deliver to the sheriff or any constable of the county a certified transcript of the 35 entries upon his docket in the action and the sheriff or constable, as the case may 3G be, shall thereupon convey the defendant to a house of correction or work-house 37 and there deliver him to the keeper thereof, together with such certified tran- 38 script, and such keeper shall execute and deliver to the sheriff or constable, as the 39 ease may 'be, a receipt for the defendant and shall receive the defendant and con- 40 fine him in such housie of correction or work-house until the fine and costs are 41 paid or worked out by the defendant, or until the defendant is dischiarged in ac- 42 oordanoe with law. Such receipt may be in substantially the following form : 43 Befobe Henry Bbown, Esq., Justice op the Peace op Will County, Illinois. 44 The People of the ] 45 State of Illinois 46 V. 47 Eichard Roe. 48 Receipt. Criminal. No. 40. 49 Received from Henry Jones, constable of Will county, Illinois, the body of 50 Richard Roe, the defendant in the above entitled action, to be by me confined in 51 the house of correction of the City of Joliet, in accordance with the judgment en- 52 tered February 12, 1908, in the above entitled action. , 53 Dated at Joliet, Illinois, February 12, 1908. 54 William Thomas, 55 Superintendent. Sec. 1675: How fines to be worked out.] When any defendant is coonmit- 2 ted to a work-house or house of correction to work out any fine imposed upon him 3 by a justice of the peace in a criminal laction the same shall be worked out by him 4 at the rate of one dollar and fifty cents ($1.50) per day of each working day until 5 such fine is fully worked out. 1017 DIVISION LXVII. THE FILES, KECOKDS AND EECOED ENTEIES OF JUSTICES OF THE PEACE. Section 1676. Justice to keep docket. 1677. ActioTns, etc., to be numbered. 1678. Paper of toiforra size and quality to be used. 1679. Printed blanks— distribution. 1680. Rat filing system. 1681. Papers filed to be fastened together. 1682. Forms of entries prescribed to be fol- lowed, but variance therefrom imma- terial when. Section 1683. Recitals of jurisdiction. 1684. Recitals of filing of papers and the issuance and return of writs — forms. 1685. No particular form of words neces- sary to constitute valid judgment. 1686. Recitals of hearing of evidence, find- ings and judgments — forms. 1687. Form of justice's docket with illustra- tion of manner of making entries therein. Sec. 1576. Justice to keep docket.] ' Every justice of the peace shall keep 2 a docket for the doeketimg of actions and proceedings ooamnenced befoTe him, and 3 "for the entry, in abbreviated forms, of minutes of papers filed, writs issued, re- 4 turns indorsed thereon and orders entered in each action or proceeding brougiht 5 bef oore him, such minutes to he entered in dhronoloigical order and to consist of the 6 names of the parties and of their respective attoimeys, if any, the number and 7 classification of the aotion or proceeding, the name of each paper filed or writ is- 8 sued and the date of isuch filing or issuing, each order entered and the date when 9 entered, and for ;the entry of such other memoranda as the justice may deem 10 necessary for the information of the parties to or other persons interested in the 11 action. Such docket shall be of such size as to contain on each page thereof -a 12 space seven an4 •^'lu^^e-quar'ters (7%) inches wide by twelve (12) inches in length 13 for the making of entries, and shall contain two hundred fifty (250) pages, and one 14 page thereof shall be devoted to the minutes of each action or proceeding : Pro- lb vided, hoivever, that when the entries in any action or proceeding shall occupy 16 mo're than one full page the entries in excess of such page may be carried for- 17 ward to a su^bsequent page of such docket, and in suoh case the page from which 1018 18 the transfer is made shall contain a memorandium of the page to which such 19 transfer is made and the page to which such transfer is made shall contain a 20 memoTamdum of the page from which such transfer is made. Such dockets shall 21 be furnished by the oounty to each justice of the peace free of charge, the dis- 22 tribution thereof to be made by the county clerk. Each page of such docket shall 23 be ruled and lettered in subsitantially the manner hereinafter indicated. Sec. 1677. Actions, etc., to be numbered.] Every action or proceeding here- 2 after oommencied before a justice of the peace shall be givien a record number 3 upon the docket of such justice, which record number shall not be changed. The 4 record numbers of actions and proceedings shiall extend from one (1) to ten thou- 5 sand (10,000). Such record number shall, together with the classification of the 6 action or proceeding and the title thereof, serve to identify it and to identify the 7 files and record entries thereof. Sec. 1678. Paper of uniform size and quality to be used.] There shall be 2 used in all lactions and proceedings before justices of the peace in this state for 3 the preparation of all papers which may be filed in actions and proceediags before 4 them, as well as for the preparation of transcripts, paper of the same size and 5 quality as that by this act prescribed for use in courts of record.. Sec. 1679. Printed blanks — ^distribution.] In actions and proceedings be- 2 fore justices of the peace, so far as may be practicable, printed blanks shall be 3 used, which blanks shall be procured by the county clerk of each county and dis- 4 tributed by him without charge to all justices of the peace of such county and to 5 attorneys at law authorized to practice in the courts of thisi State and residing in 6 this State. The forms of such blanks, so far as the same are not sufBciently in- 7 dioaited by the provisions. of this act, shall be prescribed by the Attorney Gen- 8 eral, excepting as may 'be otherwise provided by this act. 1019 Sec. 1680. Flat filing system.] When any paper is filed with a justice of 2 the peace it shall, under no circumstances, be folded, but the system known as 3 "the flat filing system" shall be used in all. actions and proceedings commenced 4 befcre justices of the peace after the taking effect of this act. Sec. 1681. Papers filed to be fastened togethee.] The papers filed from 2 time to time in any action or proceeding before a justice of the peace shall be 3 securely fastened together as received by the justice of the peace in the order in 4 which thiey are so recedved, and shall be kept so fastened excepting when it may 5 become necessary to use a portion thereof for the p'urpose of an authenticated 6 record upon appeal or writ of certiorari, as hereinafter provided. Sec. 1682. Forms of entries prescribed to be followed, but variance thebe- 2 from immaterial when.] Every justice of the peace shall enter upon his docket 3 the memoranda of papers filed, writs issued, returns indorsed thereon and orders 4 entered in the forms hereinafter prescribed, as near as may be, and where no .5 form is hereinafter prescribed for any entry, the justice shall adopt such form 6 as shall plainly indicate the meaning of the entry. But no variance from any pre- 7 scribed form shall vitiate the proceedings or any part thereof, if the court in 8 wihich. any entry is brought in question is aible to understand the effect of the 9 order intended to be entered by the justice. Sec. 1683. Recitals of jurisdiction.] Every judgment againsit a defendant 2 rendered by a justice of the peace shall contain a recital showing the jurisdic- 3 tion of the justice over the person of such defendant. When both parties appear 4 such recital may consist of the words" Parties appear;" when the plaintiff ap- 5 pears and the defendant fails to appear after due personal service of summons 6 such recital may consist of the words "Plaintiff appears. Defendant fails to 7 appear and is defaulted on due personal service of summons." When the plain- 8 tiff appears and the defendant fails to appear after due publication of notice, '"' ^ " ' 1020 ' 9 such recital may consist of the words "Plaintiff appears. Defendant fails to 10 appear and is defaulted on publication of notice. ' ' Sec. 1684. Eecitals of filing of papebs and the issuance and ketuen of 2 WEiTS — FORMS.] The record of every action or proceeding entered in the docket of 3 a justioe of the pea-ce shall contain memorianda showing the filing lof all papers 4 and the issuaaice 'of all writs in such action or prooeedimg, such memoranda to 5 give the name of each paper filed or writ issued and the date of the filing or is- 6 suance of the same," snoh date to he given in the column of the docket set apart 7 for such date. In case of the filing of any bond such memoranda shall contaixi 8 the name of the bond, its penalty and date and the names of the obligors. The 9 following forms of memoranda, omitting the dates thereof, provided for in this 10 section shall be deemed sufficient and s^hall be taken as furnishing suggestions 11 from which other memoranda may be properly framed : 12 1. Action fob money otheb than action of attachment or action of dis- 13 tress foe bent. 14 Praecipe and statement of claim for $200 filed and summons issued for ap- 15 pearance of defendant Feb. 19, at 10 a. m. 16 Summons filed with return duly served Feb. 15. 17 Notice of appeal of defendant to circuit court of Will county filed and $4 costs 18 paid by defendamt. 19 Authenticated record and $2 clerk's fees transmitted to clerk of circuit court 20 of Will county. 21 2. Action of attachment. 22 Praecipe and affidavit for attachment filed and attachment bond, John Doe, 23 principal, Henry Smith and Thomas Jones, sureties, for $400 filed and approved 24 and attachment writ issued for appearance of defendant Feb. 18 at 9 a. m. 1021 25 Writ of attachment filed with retu rn defendant not found but writ executed 26 by levy on personal property. 27 Notice to defendant for appearance March 10, at 10 a. m., prepared and deliv- 28 ered to constable Samuel Smith; 29 March 2, notice to defendant filed by constable with- endorsement of due 30 posting and mailing to defendant at Kofeomio, Indiana. 31 Special execution issued against property attached, to wit : One roan horse 32 with white star in forehead. 33 Special execution filed with return of constable sihowing property sold and 34 $75 applied on judgment and execution unsatisfied as to balance. 35 3. Action of distress fob rent. 36 Praecipe, distress warrant for $150 and inventory filed and summions issued 37 for appearance of defendant Feb. 18 at 9 a. m. 38 Summons filed with return duly served Feb. 14. 39 General and special execution issued against property distrained. 40 ' Execution filed with return satisfied as to $75 and unsatisfied as to balance. 41 4. Action of replevin. 42 Praecipe and affidavit for replevin value $200 filed and replevin bond, John 43 Doe, principal, and Henry Smith and Thomas Jones, sureties, for $400 filed and 44 approved and replevin writ issued for lappearanoe of defendant Feb. 18, at 9 a. m. 45 Writ of replevin filed with return duly served and executed. 46 Writ of retorno habendo issued in favor of defendant against plaintiff 47 for property replevied, to- wit: One roan horse with white star in forehead 48 and costs taxed at $5.50. 49 Writ of retorno habendo filed with return of constable showing due execu- 50 tion of same and satisfied as to. costs. 1022 51 5. Quasi criminal action commenced by warrant. 52 Complaint of John Doe filed and warrant issued returnaljle instanter. 53 Warrant filed with, return showing defendant arrested and brought into court. 54 Certified copy of docket entries delivered to constable William Brown for 55 execution of judgment. 56 Receipt of superintendent of house of correotioai filed. 57 6. Criminal action. 58 Complaint of John Doe filed and warrant issaied returnable instaniter. 59 Warrant filed with return showing defendant arrested amd brought into court. 60 Notice of appeal of defendant in circuit court of Will county filed. 61 Recognizance of defendant $400 on appeal with William Roe, surety, filed 62 and approved. 63 Authenticated record transmitted to clerk of circuit court of Will county. Sec. 1685. No particular form op words necessary to constitute valid 2 judgment.] No particular form of words shall be deemed necessary to constitute 3 a valid and binding judgment of a justice of the peace. Any form of entry which 4 indioates to a person familiar with the proceedings of courts that the justice has 5 rendered a judgment in favor of one party and against the other and which also 6 indioates what the judgment is s'hail be deemed sufficient. Thus, for example, the 7 words "Judgment for plaintiff and against defendant for two hundred dollars 8 ($200) and costs," or words substantially equivalent thereto, or apparently in- 9 tended to express the same meaning, when entered in the docket of the justice, 10 shall be deemed equivalent to the words " It is therefore considered by the court 11 that the plaintiff have and recover of the defendant the isum of two hundred 12 dollars ($200) and the plaintiff's costs in and about his action expended." And 13 the words ' ' Judgment for defendant against plaintiff for return of property re- 14 plevied, to wit: one roan horse with white star in forehead and costs" or words 15 .substantially equivalent thereto, or apparently intended to express the same 1023 16 meaning ■wihen entered in tihe diocket of the jnstiee shall be deemed equivalent to 17 the words "It is therefore considered by the court that the defendant have re- 18 turn of the property replevied, to wit : one roan horse wiith white star in f oreihead, 19 and that the defendant have and recover of the plaintiff his costs in and about 20 his action expended." Sec. 1686. Eecitals of hkabing of evidence, findings and judgments — 2 FOKMS.J Every judgment against any party, whether plaintiff , defendant, or gar- 3 nishee, other than a judgment upon the dismissal of an action by the plaintiff or 4 upon the dismissal of an action by the court for want of prosecution, shall con- 5 tain a recital indicating a hearing of evidence by the justice or jury, as the case 6 may be, and a finding by the court or a verdict by the jury and the rendition of 7 the judgment upon the finding or verdict. The following forms of entries of 8 hearings of evidence, findings, verdicts and judgments, omitting therefrom jur- 9 isdictional recitals, shall be deemed sufficient and shall be taken as furnishing 10 suggestions from which other entries of hearings of evidence, findings, verdicts, 11 and judgments may be properly framed : j 12 1. Judgment fob money in favor of plaintiff. 13 Evidence heard. Court finds for plaintiff and assesses damages at $200. 14 Judgment for plaintiff against defendant for $200 and costs taxed lat $4.50. 15 2. Judgment fob defendant in action foe money when thebe is no set-off 16 claimed. 17 Evidence heard. Court finds for defendant, no cause of action. Judgment 18 fordefendant against plaintiff for costs taxed at $4. 19 3. Judgment fob defendant in action foe money on claim of set-off. 20 Evidence heard. Court finds for defendant on set-off and assesses damages at 21 $200. Judgment for defendant against plaintiff for $200 and costs taxed at $4.50. 1024 22 4. Judgment against plaintiff in action for money upon his dismissal of 23 HIS action. 24 Aotion dismissed by plaintiff. Judgment for defendamt against plaintiff for 25 costs 'taxed at $2. 26 5. Judgment against plaintiff in action foe money on dismissal foe want 27 OF peosecution. 28 Acti'Oin dismissed for want of proseeutio'n. Judgment for defendant against 29 plaintiff for costs taxed at $2. 30 6. Judgment foe money in favob op plaintiff on veedict of juey. 31 Jury impaneled. Evidence heard. Verdict for plaintiff for $200. Judgment 32 for plaintiff against defendant on verdict for $200 and costs taxed at $8. 33 7. Judgment foe money in favoe of plaintiff against one of several de- 34 pendants, the action as to the othees not being heaed. 35 Evidenoe heard as to defendant Eiohard Roe. Court finds for plaintiff against 36 defendant Richard Roe and assesses damages at $200. Judgment for plaintiff 37 against defendant Richard Roe for $200 and costs taxed at $5. 38 8. Judgment in favoe of plaintiff making a defendant subsequently 39 seeved a party to a previous judgment. 40 Evidence 'heard as to defendant Thomas Jones. Court finds for plaintiff 41 against defendant Thomas Jones and assesses damages at $200. Judgment for 42 plaintiff against defendant Thomas Jones as well as against defendant Rich- 43 ard Roe for $200 and co'sts taxed at $5. 44 9. Judgment foe money in favor of plaintiff against one of two defend- 45 ants and against plaintiff and in favoe of the othee defendant foe costs. 46 Evidenoe heard. Court finds for plaintiff againist defendant Richard Roe 47 and assesses damages at $200 and finds against plaintiff and in favor of defend- 48 ant Thomas Jones. Judgment for plaintiff against defendant Richard Roe for 49 $200 and oos'ts taxed at $5 and judgment for defendant Thomas Jones against 50 plaintiff for costs taxed at $2. 1025 51 10. Judgment foe plaintiff for possession in fokcible detainer. 52 Evidence heard. Court finds for plaintiff agaiinisit defendant for posisossion of 53 premises described in complaint. Judgment for p'laintiff against defendant for 54 possesis.ion of premises, to wit: Lot One (1) in Block Ten (10) in city of Joliet, 55 Will coimty, Illinois, and costs taxed at $5. 56 11. Judgment foe plaintiff foe possession and bent in forcible detainer. 57 Evidence teard. Court finds for plaintiff against defeudant for possession of 58 premises described in complaint and $100 rent. Judgment for plaintiff agaimst 59 defendant for po'ssession of premises, to wit: Lot One (1) in Block Te^n (10) in 60 City of Joliet, Will county, Illinois, and $100 rent and costs taxed at $6. 61 12. Judgment in forcible detainer upon verdict of jury in favoe of 62 plaintiff as to paet of premises and in favor of defendant as to remainder 63 OF premises. 64 Jury impaneled. Evidence heard. Verdict for plaintiff for possession of 65 North 1/2 of Lot One (1) in Block Ten (10) in the city of Joliet, Will county, Illi- 66 nois, and for defendant as to South 1/2 of said Lot. Judgment oh verdict for 67 plaintiff against defendant for possession of No nth % of Lot One (1) in Block 68 Ten (10) in the city of Joliet, Willcounty, Illinois, and judgment for defendant 69 against the plaintiff as to the South 1/2 of said Lot One (1) in said Block Ten (10) 70 and judgment for plaintiff against defendant for costs taxed at $3. 71 13. Judgment for plaintiff in quasi criminal action commenced by wae- 72 RANT. 73 Evidence heard. Finding for plaintiff against defendant for $25 fine. Judg- 74 ment for plaintiff against defendant on finding fo^r $25 fine 'and costs taxed at $3, 75 defendant to stand committed to Joliet house of correction until fine and costs 76 are paid or worked out or defendant discharged according to law. 1026^ 77 14. Judgment in favoe of people in cbiminal action itpon plea of guilty. 78 Defendiant pleads guilty. Defendant sentenced to pay fine of $50 and oosts 79 taxed at $3 and to stand committed to oonnty jail until fine and oosts are paid or 80 defendant disdhairged according to law. 81 15. Judgment in favoe of people in criminal action upon teial by court. 82 Evidence heard. Court finds defendant guilty. Defendant sentenced to pay 83 fine of $50 emd ooists taxed lat $3 and to stand committed to Tviork-liouise of dty of 84 Joliet until fine land costs are paid or worked out or defendant discharged ac- 85 cording to law. Sec. 1687. Form of justice's docket with illustration op manner of mak- 2 iNG ENTRIES THEREIN.] The following form will serve as an illustration of the 3 manner in which the docket of a justice of the peace is to be ruied land lettered and 4 of the manner of making entries therein, the printed lettering being indicated by 5 words in capitals oir small capitals : 1027 NAME OF JUSTIOB Off THE PEACH NDMBEB Off ACTION OLASSIfflCATIOH Off ACTION Henry Brown, Esq. 75 Forcible Detainer. John Doe V. Eichard Roe. MEMORANDA William Smith, plaintiff's attorney DATE PAPERS fflLBD— WBITS ISSUED— OBDEBS ENTERED | 1908. Feb 10 Feb. 17 Feb. 19 Feb. 21 Feb. 24 Praecipe and statement of claim filed. Summons issued for appearance defendant February 19 at 9 A. M. Summons filed with return of due service Feb. 14. 9 A. M. Parties appear. Evidence heard. Court finds for plaintiff against defendant for possession of premises described in statement of claim. Judgment for plaintiff against defendant for possession of premises, to-wit: Lot one (1) Block ten (10) in city of Joliet, Will county, Illinois, and costs taxed at $5. Notice of appeal of defendant to circuit court of Will county filed and $4 cost paid by defendant. Appeal bond $600, Eichard Eoe, principal, Thomas Jones, surety, filed and approved. Authenticated record and $2 clerk's fees transmitted to clerk of circuit court of Will county. 1028 DIVISION LXVIII. APPEALS FEOM AND WEITS OF CEETIOBARI TO JUSTICES OF THE PEACE. Section 1688. - Appeals in civil and quasi criminal ac- tions — to what courts taken. 1689. How appeal taken in civil action — stay of proceedings — form of notice of appeal. 1690. Condition of appeal bond — form. 169 1. Attorney deemed authorized to exe- cute appeal bond in name of client. 1692. Penalty of appeal bond. 1693. Deposit by party appeaHng from judg- ment in his favor. 1694. Deposit of money in lieu of appeal bond — form of certificate. 1695. How appeal taken in quasi criminal action — form of recognizance. 1696. Appeal without stay of proceedings. 1697. Stay of proceedings after appeal. 1698. Appeal in criminal action — to what courts taken. 1699. How appeal taken in criminal action- form of recognizance. Section 1700. Certiorari — petition — form. 1 70 1. Order for writ. 1702. Bond and deposit. 1703. Form of bond for stay of proceedings. 1704. Certificate of deposit — form. 1705. Issuance of writ — form. 1706. Summons — form. 1707. Service of summons — alias summons. 1708. Appearance of parties summoned. 1709 1710, 1711 1712 1713 1714 Who may appeal or sue out writ of certiorari. Provisions for appeal, etc., to be lib- erally construed. Matters not provided for. Authenticated record — how made up — form of certificate. Clerk to file authenticated record, etc. Appearance of opposite party. Sec. 1688. Appeals in civil and quasi criminal actions — to what courts 2 TAKEN.] . An appeal from a judgment of a justice of the peace in a civil or quasi 3 crimimal action, other than a judgment entered by confession, may be taken to 4 the circuit court or county court of the county, or to the city court of the city, in 5 which the court of such justice of the peace is held and in the county of Cook such 6 appeal may also be taken to the superior court of said county: Provided, how- 7 ever, that every appeal in the county of Cook in a quasi criminal action shall be 8 taken to the criminal court of Cook county. Sec. 1689. How appeal taken in civil action — stay of proceedings — form 2 of appeal notice. J When the appeal is from a judgment in a civil action or quasi 3 criminal action other than one brought by a municipal oorporation to recover a 1029 4 -fine or penalty for the violation of a municipal ordinance, it may be perfected at 5 any time within twenty days after the rendition of the judgment by the tendering 6 to the justice of the peace, by the party appealing, either an ^appeal bond with 7 good 'and sufficient security, or a deposit of money as hereinafter provided, and 8 also tendering to such justice of the ^eaoe a notice of appeal, which notice shall 9 specify the justice of the peace before whom the action is pending, the title of the 10 aHion, the classification and number thereof and be signed by the party taking the 11 appeal or his attorney, to be filed by the justice in the action in which the appeal 12 is taken, and by paying to the justice the sum of four dollars ($4) in cash, of which 13 amount two dollars ($2) shall be retained by said justice 'as his fees for an au- 14 *^^henticated record of the proceedings and the remaining two dollars ($2) of said 15 amount shial'l be transmitted by said justice to the clerk of the court appealed to as 16 the costs of such clerk, together with the authenticated record of the proceedings 17 before the justice of the peace : Provided, hoivever, that in case of an appeal 18 from a judgment in an action of forcible detainer such appeal bond and notice 19 of appeal shall be tendered within five days after the rendition of the judg- 20 ment appealed from. An appeal, when so perfected, shall operate as a 21 stay of proceedings under the judgment appealed from until the determination of 22 such appeal or until the further order of the court appealed to. But no appeal 23 bond, or other bond of any kind or character or payment of fees or costs, shall be 24 required of the state or of any county, city, village, incorpiorated town, school dis- 25 trict or other municipal corporation or of the corporation of any charitable, edu- 26 cational, penal or reformatory institution under the patronage or control of the 27 state, or of any public ofiicer when suing or defending in his official capacity 28 for the benefit of the public, whether the judgment appealed from be one in favor 29 of or against the party appealing, but an appeal by any such party shall be deemed 30 perfected upon the filing of the notice provided for in this section. The follow- 31 ing shall be deemed a sufficient form of notice of appeal and shall be taken as fur- 32 nishing suggestions from which other notices of appeal may be properly framed ; 1030 33 Before Heney Brown, Esq., Justice of the Peace of Will County, Illinois. 34 John Doe 1 V. ^Action for Money. No. 25. 35 Eichard Roe. J 36 Notice of Appeal. 37 Notice is hereby given that an appeal has been taken by the defendant to the 38 county court of Will county in the above entitled action. 39 Richard Roe, Defendant. Sec. 1690. Condition of appeal bond — form.] Every appeal bond in the 2 case of an ajypeal from a jud'gmemt of a justice of the peace rendered against the 3 party appealing, in any actiion provided f o-r in the preceding section, shall be con- 4 . ditioned that the party or parties appealing sbalU prosecute his or their appeal 5 with effect and perform wihatever judgmient shall be rendered against him or 6 them by the court (appealed to upon the trial of said appeal or by consent, or that, 7 in case the appeal is dismissed, the party or parties appealing will perform the 8 judgment rendered againist him or them by such justice^ of the peace and will pay 9 all costs and damages whidh may be awarded against such party or parties in the 10 court appealed to. Tihe condition in an appeal bond requiring the performance 11 by the party appealing of whatever judgment shall be rendered against him by 12 the court appealed to or of the judgment appealed from shall be construed as 13 requiring the payment of the money or delivery of possession of the property 14 required to be paid or delivered by such judgment, or the performance of any 15 act required by such judgment to be performed by the party prosecuting such 16 appeal and, in case of an appeal from a judgment for the possession of prop- 17 erty, real or personal, or for the performance of any act, also damages or rent 18 for the detention of such possession, or for non-performance of .such act, as the 19 case may be, during the time of the pendency of or because of such appeal. The 20 following form of appeal bond, with the approval of the justice endorsed there- 21 on, shall be deemed a sufficient compliance with the provisions of this act and 1031 22 shall be taken as furnishing suggestions from which other appeal bonds may 23 be properly framed: 24 Bepoee Henry Brown, Esq., Justice of the Peace of Will County, Illinois. 25 John Doe V. 26 Richard Roe. . •Action for Money. No. 25. 27 Appeal Bond. 28 Know all men by these presents, That we, Richard Roe, Henry Roe and 29 David Roe, are' held and firmly bound unto John Doe, in the penal sum of three 30 hundred dollars ($300) for the payment of which well and truly to be made we 31 bind ourselves, our heirs, executors and administrators, jointly and severally, 32 firmly by these presents. 33 Witness our hands and seals this 24'th day of February, 1908. 34 The condition of the above obligation is such that whereas the above named 35 John Doe did, on the 17th day of February, 1908, obtain before Henry Brown, 36 Esq., Justice of the Peace of Will county, Illinois, a judgment 'against the above 37 bounden Richard Roe for the sum of two hundred dollars ($200) and costs of 38 the action, from which said judgment said Richard Roe has taken an appeal to the 39 county court of Will county, Illinois : 40 Now, therefore, if the said Richard Roe shall prosecute his appeal with effect 41 and perform whatever judgment shall be rendered against him upon the trial of 42 such appeal or by consent, or, in ca'se the appeal be dismissed, will perform the 43 judgment rendered against him by such justice of the peace and will pay all coasts 44 and damages which may be awarded against him in said county court, then this 45 obligation is to be void; otherwise the same is to be and remain in full force and 46 effect. 47 ' 48 4ft 50 Approved February 24, 1908. 51 Henry Brown, J. P. Richard Roe [seal.] Henry Roe [seal.] David Roe [seal.] 1032 Sec. 1691. AUTTOBNEY DEEMED AXJT.HOEIZED TO EXECUTE APPEAL BOND IN NAME 2 OF CLIENT.] . Any attorney at law of record of any party or parities appealing shall 3 be deemed to have full power and authority to exeoute any appeal bond for the 4 purpose of such appeal in the name of sudh party or parties, and any bond so ex- 5 ecuted shall be as binding upon such party or parties so appealing as if the same 6 had been executed in person, or the execution thereof had been expressly author- 7 ized by the party or parties so appealing. Sec. 1692. Penalty op appeal bond.] The penalty of an appeal bond in the 2 case of an appeal from a judgment of a justice of the peace in a oivil or quasi 3 criminal action shall be as f oll'ows : 4 First — Judgment fob money.] If the judgment appealed from be one for the 5 recovery or payment of money the penalty of the bond shall be a sum twenty per 6 cent, more than the amount, including costs, recovered or required to be paid by 7 such judgment. 8 Second — Judgment foe personal peopbrty.J If the judgment be for the re- 9 covery or delivery of personal property the penalty of the bond shall be an 10 amount thirty per cent, in excess of the value of the property re- 11 covered or required to be delivered by such judgment, such value to be ascer- 12 tained by the justice from the evidence heard before him or such other evidence 33 as he may deem sufficient for that purpose, and of the amount of the costs 14 awarded against the party appealing. 15 Third — Judgment for possession of beal estate.] If the judgment appealed 16 from be one for the recovery or delivery of possession of real estate the penalty of 17 the bond shall be such amount, to be fixed by the justice, as shall be thirty per 18 cent, in excess of the rental value of suoh real estate for one year, and if such 19 judgment be also for the recovery or payment of money there 'shall be added to 20 such penalty a sum twenty per cent, in excess of the amount of money, inolud- 21 ing costs, recovered by the judgment. 1033 22 But £he peniaity of an appeal bond or of any recognizance hereinafter pro- 23 vided for, shall be not less tkan one hundred dollars ($100), and the 'same, if more 24 than one hundred dollars ($100), shall be some multiple thereof. Sec. 1693. Deposit by party appeaijng feom judgment in his favoe.J Any 2 party appealing from a judgment rendered by a justice of the peace in his favor 3 shall, at the time of filing his notice of appeal, in lieu of the execution of an ap- 4 peal bond, deposit with the justice of the peace the sum of four dollars ($4) in 5 cash, of which amount two dollars ($2) shall be retained by such justice as his 6 fees for a transcript and the remaining two dollars ($2) of said amount shall be 7 transmitted by said justice to the clerk of the court appealed to as costs of such 8 clerk, together with the authenticated record of the proceedings before the justice 9 of the peace. Sec. 1694. Deposit of money in lieu of appeal bonb — eokm of ceetifioate.] 2 Any party appealing from a judgment of a justice of the peace, other than one in 3 his favor, may, in lieu of filing an appeal bond as hereinbefore provided for, de- 4 po&it with the justice of th« peace appealed from an amount of money equal to the 5 penalty of the appeal bond in such case required, to be received by such justice as 6 security, in lieu of an appeal bond, that the party appealing will prosecute iis a.p^ 7 peal with effect and perform whatever judgment shall be rendered against him 8 by the court appealed to upon the trial of said appeal or by consent, or that, in case 9 the appeal be dismissed, the party aippealing will perform the judgment rendered 10 against him by such justice of the peace and will pay all costs ahd damages which 11 may be awarded against such party in the court appealed to. Su,ch party shall 12 also pay to the justice the sum of four dollars ($4) in cash, of which amount two 13 dollars ($2) shall be retained by the said justice as his fees for an authenticated 14 record of the proceedings, and the remaining two dollars ($2) of said amount, 15 together with the money deposited with said justice as security as above provided, 16 shall be transmitited by said justice to the olerk of the wurt appealed to, together " " 1034 i 17 with the authenticated record of the proceedings before the justice of the peace. 18 In case the party appealing shall not prosecute his appeal with effecJt and perform 19 whatever judgment shall be rendered against him by the court appealed to upon 20 the trial of said appeal or by consent, or, in case the appeal is dismissed, shall not 21 perform the judgment rendered against him by the justice of the peace and pay 22 all costs and damages which may be awarded against such party in the court 23 appealed to, the money deposited as security as aforesaid shall be applied by the 24 clerk, imder the direction of the court appealed to, in satisfaction, so far as the 25 same may extend, of whatever judgment may be rendered against the party ap- 26 pealing by the court appealed to upon the trial of said appeal or by consent, or in 27 case the appeal is dismissed, in satisfaction, so far as the same may extend, of the 28 judgment rendered against the party appealing from the justice of the peace and 29 in payment of all costs and damages which may be awarded against the party ap- 30 pealing in the court appealed to and all other damages to which the opposite party 31 may be entitled by reason of such appeal or of the non-performance, by the party 32 appealing, of the judgment appealed from. If, after the application of the de- 33 posit as aforesaid, any balance thereof shall remain unexpended, the same shall 34 be paid over under the direction of the court to the party appealing. Upon the 35 making of any such deposit the justice of the peace shall issue to the party appeal- 36 ing a certificate which may be in substantially the following f onn : 37 < Befoee Heney Brown, Esq., Justice op the Peace op Will County, Illinois. 38 John Doe ] 39 v. ^Action for Money. No. 25. 40 Richard Roe. J 41 Certificate of Deposit. 42 This is to certify that Richard Roe, the defendant in the above entitled ac- 43 tion, has this day deposited with the undersigned, a justice of the peace of Will 44 county, the sum of three hundred dollars ($300), which said deposit is made as se- 45 curity that said Richard Roe will prosecute with effect the appeal which he has 46 taken in the above entitled action from the judgment rendered by me on or about 1035 ^ ' " 47 the 12th day of February, 1908, and shall perform whatever judgment may be ren- 48 dered against him by the court appealed to upon the trial of such appeal, or, in 49 'case the appeal be dismissed, shall perform the judgment rendered against him by 50 me and shall pay all costs and damages which may be awarded against such party 51 or parties in the court appealed to. 52 Dated Joliet, Illinois, February 24, 1908. 53 Heney Bkown, J. P. Sec. 1695. How appeal taken in q uasi criminal action— foem of eecogni- 2 ZANCE.] When the appeal is from a judgment in a quasi criminal action brought by 3 a municipal oorporation for the violation of a municipal ordinance, it may be per- 4 f eoted at any time within twenty days after the rendition of the judgment in the 5 same manner hereinbefore provided for perfecting an appeal from a judgment in 6 a civil action, or quasi criminal action other than one brought by a municipal oor- 7 porati'on to recover a fine or penalty for the violation of a municipal ordinance, 8 or, at the eleotioii of the defendant, it may be perfected by tendering to the jus- 9 tice of the peace a notice of appeal and the payment to the justice of the sum of 10 four dollars ($4) in cash as hereinbefore provided for to be disposed of by said 11 justice in the mamjer hereinbefore provided, and the entering into by the defend- 12 ant, with good and sufficient sureties, of a recognizance in a sum twenty per 13 cent, more than the amount, including costs, of the judgment recovered, condi- 14 tioned that the defendant shall personally be and appear before the court appealed 15 to on the date to be specified in such recognizance, which, shall not be more than 16 twenty (20) days nor less than ten (10) days from the day of the filing of the notice 17 of the appeal, and from day to day thereafter until the filial judgment of suc^ 18 court in said action, and abide the ordter of said court in all things and not depart 19 the same without leave. The following form of recognizance provided for in this 20 section shall be deemed sufficient and shall be taken as furnishing suggestions 21 from which other forms of recognizances may be properly framed : 1036 22 Before Henry Beown, Esq., Justice oe the Peace of Wm. County, Illinois. 23 The City of Joliet ] 24 V. ^Warrant. No. 50. 25 Eidhard Roe. J 26 Recognizance. 27 This day persionally appeared before the undersigned, a justice of the peace of 28 Will county, Illinois, Richard Roe, as principal, and Thomas Jones and Williaim 29 Smith, as sureties, and jointly and severally acknowledged themselves to owe and 30 to be indebted unto the city of Joliet in the penal sum of one hundred dollars 31 ($100), to he levied of their goods and chattels, lands and tenements, respectively, 32 in such manner as the law directs. 33 The condition of this recognizance is such that, if the above bounden Richard 34 Roe shall personally be and appear before the county court of Will county,, at the 35 county court house in Joliet, in said ceimty, on the 20tli day of Miarch, 1906, and 36 from day to day thereafter until the final judgment of the court in the appeal 37 taken by said Richard Roe from the judgment rendered by me on or about the 12th 38 day of February, 1908, in the above entitled action, and abide the order of said 39 court in all things and not depart the same without leave, then this recognizance is 40 to be void ; otherwise the same is to be and remain in full force and effect. 41 Witness our hands and seals at Joliet, Illinois, this 24th day of February, 1908. 42 Richard Roe [seal.] 43 Thomas Jones [seal.] 44 William Smith [seal.] 45 Taken, acknowledged and entered into before me this 24th day of February, 46 1908. 47 Henry Brown, J. P. Sec. 1696. Appeal without stay of proceedings.] When the party appealing 2 does not desire a stay of proceedings pending th.e determination of the appeal, and 3 the appeal is from a judgment in a civil action, or quasi criminal action other than 1037 4 one brought by a municipal corporation for the violation of ^ a municipal ordi- 5 nance, such appeal may be perfected at any time withia twenty (20) xiays after 6 the rendition of the judgment by tendering to the justice of the peace a notice of 7 appeal in the form hereinbefore prescribed and by paying 'to the justice the sum 8 of four dollars ($4) in cash, of which amount two dollars ($2) shall be retained by 9 said justice as his fees for an authenticated record of the proceedings, and the re- 10 maining two dollars ($2) of said amount shall be transmitted by said jusitioe to 11 the clerk of the court appealed to as the costs of such clerk, together with the au- 12 thenticated record of the proceedings before the justice of the peace. Sec. 1697. Stay of pbocebdings after appeal.] Any party having perfected 2 an appeal without a stay of proceedings may, -at any time before the final determi- 3 nation of the appeal in the court appealed to, obtain such stay of proceedings by 4 executing and filing in the court appealed to a bond with security to be approved 5 by the court appealed to, the penalty and condition thereof to be the same, as 6 near as may be, as hereinbefore provided for an appeal bond upon an appeal from 7 a justice of the peace with a stay of proceedings. ' Upon the execution, approval 8 and filing of such appeal bond, the clerk of the court appealed to shall transmit by 9 mail or otherwise to the justice of the peace a certificate that such proceedings 10 have been stayed and the same shall be stayed accordingly. Sec. 1698. Appeal in criminal action — to what courts taken.] An appeal 2 from a judgment of a justice of the peace in a criminal action may be taken by 3 the defendant to the circuit court or county court of the county or to the city 4 count of the city in which the coiirt of such justice of the peace is held : Pro- 5 vided, however, thait every appeal from a justice of the peace in the couiuty of 6 Cook in a criminal action shall be taken to the criminal court of Cook county. Sec. 1699. How appeal taken in criminal action — poem op recognizance.] 2 An appeal from a justice of the peace in a criminal action may be perfected at 1038 3 any time within twenty, (20) days after the rendition of the judgment in the same 4 manner as is provided in this act with respect to an appeal in a civil action: 5 Provided, however, that the defendant taking an appeal as aforesaid shall not be 6 required to pay to the justice the fees of the clerk of the court lappealed to or the 7 fees of said justice for the authenticated record of the proceedings. Such appeal 8 may also be taken by the defendant by his tendering 'tO' the justice of the peace, 9 within twenty (20) days after the entry of the judgment, a notice of appeal and 10 the entering into by the defendant, with good and sufficient sureties, of a recog- 11 nizance in double the amount, including costs, of the judgment, conditioned that 12 the defendant shall personally be and appear before the court appealed to on a 13 date to be specified in such recognizance, which date shall be not more than twen- 14 ty (20) nor less than ten (10) days from the date of the filing of the notice of the 15 appeal, andl from day to day thereafter until the final judgment of such court in 16 said adtion, and abide the order of said court in all things and not depart the 17 same without leave. The following form of recognizance provided for in this 18 section shall be deemed sufficient and shall be taken as furnishing suggestions 19 from which other forms of recognizances may be properly framed : 20 Befobe Heney Beown, Esq., Justice of the Peace of Will County, Illinois. 21 The People of the ] 22 State of lUinois 23 V. 24 Richard Roe. Criminal. No. 45. 25 Recognizance. 26 This day personally appeared before the undersigned, a justice of the peace 27 of Will county, Illinois, Richard Roe, as principal, and Thomas Jones and Wil- 28 liam Simoth, as sureties, and jointly and severally acknowledged themselves to 29 owe and to be indebted unto the People of the State of Illinois in the penal sura 30 of one hundred dollars ($100), to be levied of their goods and chattels, lands and 31 tenements, respectively, in such manner as the law directs. 1039 32 The condition of this recognizance is suoh 'that, if the above bounden Bdchard 33 Roe shall personally be and appear before the oonnity court of "Will county, at 34 the county court house in Joliet, in said county, on the 20th day of March, 1908, 35 and from day to day thereafter until the final judgmenlt of the court in the appeal 36 taken by said Eichard Roe from the judgment rendered by me on or about the 37 12th day of February, 1908, in the above entitled action, and abide the order of 38 said court in all things and not depart the same without leave, then this recog- 39 nizance is to be void ; otherwise the same is to be and remain in full force and 40 effect. 41 Witness our hands and seals at Joliet, Illinois, this 24th day of February, 42 1908. 43 Richard Roe [seal.] 44 Thomas Jones [seal.] 45 William Smith [seal.] 46 Taken, acknowledged and entered into before me this 24th day of February, 47 1908. 48 ^ Henry Brown, J. P. Sec. 1700. Certiorari — petition — form.] The courts to which appeals may 2 be taken from justices of the peace shall have power, within their respective juris- 3 dictions, and it shall be their duty, upon petition made as hereinafter mentioned, 4 to grant writs of certiorari to remove actions from before justices of the peace 5 into siaid courts. Application for a writ of certiorari may be made by a petition 6 to the court to which it is proposed to remove the action. Snob petition shall 7 specify the court in which the same is filed, the names of the parties to the action 8 and the cdassifieation and number thereof and shall be described as a petition 9 for a certiorari to a justice of the peace, and shall be divided into paragraphs 10 numbered consecutively, each -alleging, as near as may be, a single fadt. It shall 11 set forth the obtaining of the judgment, the diate thereof, the justice of the peace 1040 12 before whom the same was obtained and describe the same. It shall allege that, 13 in the opinion of the party applying for the writ of certiorari, such judgment is 14 unjust and erroneous and that it was not in the power of 'the party to take an ap- 15 peal in the ordinary w'ay, setting forth the particular circumstances which pre- 16 vented the party from so taking an appeal. The following form of petition for a 17 certiorari shall be deemed sufficient and shall be taken as furni-shing suggestions 18 from which other petitions may be properly framed : 19 In the Circuit Court or Will County, Illinois. 20 John Doe ] 21 V. ^Certiorari to J. P. No. 30. 22 Richard Eoe. J 23 Petition for a Writ of Certiorari. 24 The defendant says: 25 1. That on February 12, 1908, tlie plaintiff recovered a judgment for two 26 hundred dollars ($200) and costs against the defendant before Henry Brown, a 27 justice of the peace of Will county, Illinois. 28 2. That in the opinion of the defendant said judgment is unjust and erroneous. 29 3. That it was not in the power of the defendant to perfect an appeal from 30 said judgment in the ordinary way because (here set forth the circumstances 31 which prevented defendant from taking an appeal). 32 Wherefore defendant prays for the issuance of a writ of certiorari. 33 Richard Roe. 34 Richard Roe, the defendant, on his oath says that the foregoing petition by 35 him subscribed is true in substance and in fact. 36 Subsoribed and sworn to before me this 15th day of March, 1908. 37 William Smith, Glerh. 38 Note. 39 If the petition is signed and sworn to by the agent or attorney of the party 40 the above form may be varied from accordingly. 1041 Sec. 1701. Okdeb fok writ.J Upon the filing of such peitition the clerk shall 2 enter the acition on the register and minute borok, and the court, upon the applica- 3 tion of the party filing the petition, if of the opinion that the petition is sufficient 4 to entitle the party to the writ, shall enter an order for the issuance thereof upon 5 compliance by the party applying for such writ with the provisions of this act ; 6 otherwise the petition shall be dismissed. An order directing the issuance of any 7 such writ of certiorari shall be final and conclusive and shall not be subject to re- 8 view upon appeal or writ of error. Sec. 1702. BoNi> and deposit.] If the party suing out the writ of certiorari 2 desire a stay of proceedings under the judgment of the justice of the peace until 3 the determination of the action, or until the further order of the court from 4 which the same is sued out, he shall, before the issuance of the writ, file with the 5 clerk a bond, with good and sufficient security to be approved by the clerk, con- 6 ditioned, as near as may be, as an appeal bond in the case of an appeal from the 7 judgment of a justice of the peace, or make a deposit with the clerk of money in 8 lieu of a bond to the same amount and for the same purpose as a deposit in lieu 9 of an appeal bond upon an appeal from a judgment of a justice of the peace, and 10 he shall also pay to the clerk the sum of four dollars ($4) in cash, ,of which amount 11 two dollars ($2) shall be retained by said olerk as the costs- of such clerk and the 12 remaining two dollars ($2) shall be transmitted by said clerk to the justice of the 13 peace before whom the judgment was obtained, together with the writ of cer- 14 tiorari, as the costs of such justice of the peace for the making of the authenti- 15 cated record of the proceedings in the action. If the party suing out the writ of 16 certiorari does not desire a stay of proceedings pending the determination of tlie 17 writ of certiorari, the party suing out the writ of certiorari shall pay to the clerk 18 of the court the sum of four dollars ($4) in cash, of which amount two dollars ($2) 19 shall be retained by said clerk as the fees of such clerk in the action and the 20 remaining two dollars ($2) of said amount shall be transmitted by said clerk to 1042 ' 21 the justice of the peace, together with the writ of certiorari, as the fees of such 22 justice for the preparing and transmitting of the authenticated record of the pro- 23 ceedings, but such party shall not be required to file any bond. Sec. 1703. FoEM of bond for stay of proceedings.] The following form of 2 bond in the case of a writ of certiorari to a justice of the peace, when the party 3 suing out the writ desires a stay of proceedings, shall be deemed a sufficient com- 4 pliance with the provisions of- this act and shall be taken as furnishing sugges- 5 tions from which other bonds may be properly framed : 6 In the CjRCtriT Court of Will County, Illinois. 7 John Doe "1 8 V. ^Certiorari to J, P.. No. 30. 9 Eichard Koe. J ' , i 10 Bond foe Stay of Proceedings. 11 Know all men by these presents. That we, Richard Roe, as principal, and 12 Henry Roe and David Roe, as sureties, are held and firmly bound unto John Doe, 13 in the penal sum of three hundred dollars- ($300), for the payment of which well 14 and truly to be made we bind ourselves, our heirs, executors and administrators, 15 jointly and severally, firmly by these presents. 16 Witness our hands and seals this 15th day of March, 1908. 17 The condition of the above obligation is such that whereas the above named 18 John Doe did, on the 17th day of February, 1908, obtain before Henry Brown, 19 Esq., Justice of the Peace of Will county, Illinois, a judgment against the above 20 bound en Richard Roe for the sum of two hundred dollars ($200) and the costs 21 of the action, to remove which said judgment to the circuit court of Will county, 22 Illinois, said Richard- Roe has sued out of said court a writ of certiorari : 23 Now, therefore, if the said Richard Roe shall prosecute his writ of certiorari 24 with effect and perform whatever judgment shall be rendered against him upon 1043 25 the trial of such action or by consent, or in case the writ of certiorari is quashed 26 or the petition .therefor is dismissed, will perform the judgment rendered against 27 him by such justice of the peace and will pay all costs and damages which may be 28 awarded against him in said circuit court, then this obligation is to be void; 29 otherwise the same is to^ be and reniain in full force and effect. "^^ ElCHAED EOE. [seal.] ^^ Heney Roe. [seal.] ^^ - David Eoe. [seal.] 33 Approved March 15, 1908. 34 William Smith, Clerk. • Sec. 1704. Cektificate op deposit — fobm.] Upon the making of any deposit 2 in lieu of a bond, as hereinbefore provided, the clerk of the court shall issue to 3 the party suing out the writ of certiorari a certificate which may be in substan- 4 tially the following form: 5 In the ClBCUiT Coxjkt of Will County, Illinois. 6 ■ John Doe ^ 7 v. ICertiorari to J. P. No. 30. a Richard Roe. J 9 Certificate of Deposit. 10 This is to certify that Richard Roe, the defendant in the above entitled ac- 11 tion, has this day deposited with the undersigned, clerk' of the circuit court of 12 Will county, Illinois, the sum of three hundred dollars ($300), which said deposit 13 is made as security that said Richard Roe will prosecute with effect the writ of 14 certiorari which he has sued out in the above entitled action to obtain relief from 15 a judgment rendered against him and in favor of John Doe by Henry Brown, 16 Esq., Justice of the Peace of Will county, Illinois, on or about the 17th day of 17 February, 1908, and shall perform whatever judgment may be rendered against 18 him by said circuit court of Will county upon the trial of such action or, in case 19 the writ of certiorari is quashed or the petition is dismissed, shall perform the 1044 : • - .. - 20 judgment rendered against him by said justice of the peace and shall pay all costs 21 and damages which may be awarded against him in said circuit court of Will 22 county. 23 DaJted Joliet, Illinois, March 15, 1908. 24 ' WiijLIam S'mitIh, Clerk. Sec. 1705. Issuance of writ — foem.J Upon compliance by the party suing 2 out the writ of certiorari with the provisions of the preceding section sev«iteen 3 hundred and two (1702) the clerk of the court shall issue a writ of cer- 4 tiorari, directed to the justice of the peace, and shall transmit the same by mail, 5 postage prepaid, to said justice of the peace, together with a check or draft for 6 the fees of such justice and such justice shall thereupon forthwith reiturn to such 7 clerk by mail, postage prepaid, a properly authenticated record of the proceed- 8 ings in the action. Such writ of certiorari may be in substantially the follow- 9 ing form: 10 In the CiECuiT Couet of Will County, Illinois. 11 John Doe 12 V. 13 Richard Roe. J Certiorari to J. P. No. 30. 14 Weit op Ceetioraki. 15 The People of the State of Illinois— Geeeting to Henry Brown, Esq., Justice of 16 the Peace of Will county : 17 You are hereby commanded to forthwith transmit to the clerk of the circuit 18 court of Will county, Illinois, a properly authenticated record of the proceedings 19 before you pertaining to a judgment for the sum of two hundred dollars ($200) 20 and the costs of the action rendered by you on or about the 17th day of Febru- 21 ary, 1908, in favor of John Doe, as plaintiff, and against Richard Roe, as defend- 22 ant. 1045 23 Witness William Smith, clerk of said circuit caurt, and the seal thereof, at 24 Joliet, Illinois, this 15th day of March, 1908. 2^ William Smith, Clerk. 26 Note. 27 If the party obtaining the writ has also obtained a stay of proceedings, the 28 above form may be varied from- by adding after the words "as defendant" the 29 following: "The proceedings under the judgment are stayed." Sec. 1706. Summons — poem.J The clerk upon issuing such writ of certior- 2 ari shall also issue and deliver to the party suing out the writ a summons to 3 the other party or parties to the action, including interveners, requiring 4 the appearance of such party or parties on some Monday, not less than five (5) 5 nor more than twenty (20) days after the date thereof, as the party suing out the 6 writ of certiorari may direct. Such summons may be in substantially the follow- 7 ing form : 8 In the Circuit Court of Will County, Illinois. 9 John Doe ] 10 V. ^Certiorari to J. P. No. 30. 11 Kichard Roe. J 12 Summons. 13 The People of the State of Illinois— Greeting to John Doe: 14 You are hereby commanded to appear in person, or by attorney, before the 15 circuit court of Will county, Illinois, at the county court-house in Joliet, in said 16 county, on Monday, the 6th day of April, 1908, in the above entitled action, in 17 which a writ of certiorari has been issued out of said circuit court, directed to 18 Henry Brown, Esq., a justice of the peace of Will county, Illinois. 19 Witness William Smith, clerk of said circuit court, and the seal thereof, at 20 Joliet, Illinois, this 15th day of March, 1908. 21 William Smith, Clerk. 1046 Sec. 1707. Service op summons — alias summons.] The summons provided 2 for in the preceding section may be served in the same manner and by the same 3 officers or persons as is provided in this act for the service of a summons in an 4 action at law. There shall be attached to the copy of the summons served upon the 5 opposite party a copy of the petition for a writ of certiorari and of the bond or 6 certificate of deposit, as the case may be, if any, hereinbefore provided for. If the 7 summons be not served prior to the time fixed therein for the appearance of the 8 party summoned an alias or pluries summons may be issued as in other actions at 9 law in a court of record. Sec. 1708. Appearance of parties summoned.] In every case of a writ of 2 certiorari to a justice of the peace the party summoned shall enter his appear- 3 ance in writing in the count from which the writ has issued on or before the 4 Thursday succeeding the day fixed in the summons for his apearance, in case the 5 summons shall be served five days or more prior to the day fixed in the summons 6 for such appearance, or, on the Monday succeeding such day so fixed for his ap- 7 pearance, in case the summons shall be served less than five days before the day 8 fixed therein for such appearance. In default of such appearance, if such party 9 be the plaintiff or an intervener, the action, or the claim of the intervener, as the 10 case may be, may be dismissed for want of prosecution, or, if such party be the 11 defendant, a default may be entered against him or the party suing out the writ 12 of certiorari may proceed with the action to a final determination thereof. Sec. 1709. Who may appeal ob sue out writ of certiorari.] Any one or 2 more of several plaintiffs or defendants or interveners may prosecute an ap- 3 peal from or a writ of certiorari to a justice of the peace upon compliance, as 4 near as may be, with the provisions of the preceding section pertaining to such 5 appeals and writs of certiorari. Sec. 1710. Provisions FOB APPEAL, ETC., to BE LIBERALLY construed.] All the 2 provisions of this act in relation to appeals from and writs of certiorari to jus- 1047 3 tices of the peace shall be liberally construed in favor of the party prosecuting, 4 or attempting to prosecute, an appeal or writ of certiorari, and no such appeal 5 shall be dismissed, or writ of certiorari quashed, or the petition therefor dis- 6 missed, on account of any error or mistake in the proceedings pertaining thereto, 7 when it shall be made to appear to the court to which such apipeal is taken, or at- 8 tempted to be taken, or from which such writ of certiorari is prosecuted, or at- 9 tempted to be prosecuted, that the same was intended to be taken or prosecuted 10 in good faith, and that there is reasonable ground for the belief that the judg- 11 ment of the justice of the peace is erroneous and unjust. Sec. 1711. Matters not pbovidbu fok.J The procedure in cases of appeals 2 from and writs of certiorari to justices of the peace, so far as the same may not 3 be prescribed by this act, both in civil, quasi criminal and criminal cases, shall be 4 the sanae, as near as may be, as the procedure prescribed by the laws jn force at 5 the time of the taking effect of this act, subject to such modifications as may ap- 6 pear to be necessary to make the same conform with the spirit of this act. Sec. 1712. Authenticated eecobd — how made up— form of certificate.] 2 The authenticated record of the proceedings before a justice of the peace for the 3 purposes of an appeal, or of a writ of certiorari, shall consist, as near as may be, 4 of the following: 5 First — Original papers filed.] All orignal papers hereinbefore specified 6 filed by the respective parties. 7 Second — Writs and returns.] All writs issued and returned with the re- 8 turns or other proofs thereon. 9 Third — Notice of Appeal.] The notice of appeal, if any. 10 Fourth — ^Appeal BOND.] The appeal bond, if any. 11 Jfi/^/i.— Certificate of deposit.] The certificate of deposit, if any. 1048 I 12 Sixth — Recognizance.] The recognizance, if any. 13 Seventh — Entries in docket.] A transoripit of the entries in the docket of 14 the justice of the peace pertaining to the action. 15 Eighth — Cektificate.] A certificate of the justice of the peace that the 16 papers aforesaid are the original papers and the transcript a true and correct 17 copy of the entries in his docket pertaining to the action, which certificate may 18 be in substantially the following form : 19 Before Henry Brown, Esq., Justice of the Peace of Will. County, Illinois. 20 John Doe ] 21 V. ^Forcible Detainer. No. 50. 22 Richard Roe. J 23 Certificate. 24 I hereby certify that the annexed papers are the original papers filed with 25 me in the above entitled action, together with a true copy of the entries in my 26 docket pertaining thereto. 27 "Witness my hand and seal this 15th day of March, 1908. 28 Henry Brown, [seal.] 29 Justice of the Peace of Will Cownty, Illinois. Sec. 1713. Clerk to file authenticated record, etc.] Upon the receipt of 2 the authenticated record in case of an appeal from or writ of certiorari to a 3 justice of the peace, the clerk of the court to which the apjpeal is taken shall file 4 the same and enter the action upon the register and minute book, if the same 5 be not already so entered, and the action shall thereupon be determined in ac- 6 cordance with the provisions of this act. Sec. 1714. Appearance of opposite party.] lUvevery case of an appeal from 2 a justice of the peaxse the party or parties, including interveners, not appealing 3 shall enter his or their appearance in writing in the court appealed 4 to within forty days after the date of the judgment entered by the jus- 1049 5 tice, or in default thereof, if such party be the plaintiff or an . in- 6 tervener, the action, or the claim of the intervener, as the case may be, may be 7 dismissed for want of prosecution, or, if such party be the defendant, a default 8 may be entered against him, or the party appealing may proceed with the action 9 to a final determination thereof upon the merits or otherwise : Provided, how- 10 ever, that no criminal action shall be dismissed because of a failure of th© state's 11 attorney to enter the appearance of the people, but the clerk of the court appealed 12 to shall in every such case notify the state's atitorney of the bringing of the ac- 13 tion to the court to which the appeal, or from which the writ of certiorari has been 14 prosecuted, and it shall be the duty of th§ state's attorney to enter the appear- 15 anoe of the people in the action and the court may compel the performance of 16 such duty by the state's attorney. The party prosecuting an appeal in any ac- 17 tion, other than a criminal action or a quasi criminal action brought for the re- 18 covery of a fine or penalty for the violation of a municipal ordinance, shall be 19 bound to enter his appearance in writing in the court appealed to within forty 20 days after the date of the judgment entered by the justice. 1050 DIVISION LXIX. PEESEBVING QUESTIONS IN COURTS OF BECOBD FOB BEVIEW BY APPELLATE AND SUPREME COUBTS. Section 1715. Questions preserved in certain actions for review without report of pro- ceedings. 1716. Questions preserved in criminal action without report of proceedings. 1717. Questions preserved in quasi criminal action without report of proceedings. 1718. Questions preserved in other actions without report of proceedings. 1719. Supreme court to make rule. 1720. Bill of exceptions and certificate of evidence abolished — report of pro- ceedings. 1 72 1. What may be included in report — -con- . densation. 1722. Opposite party may have matters in- serted. 1723. Supplemental or additional report by opposite party. 1724. Exceptions unnecessary. 1725. Judge not to omit matter actually oc- curring when. Section 1726. Judge to note tender of report. 1727. Report to be tendered opposite party for inspection — duty of opposite party. 1728. Duty of judge — signing report — cor- rections. 1729. Judge to settle differences. 1730. Costs. 1 73 1. Correction of defective report in su- preme court or appellate court. 1732. Death or disability of judge — settle- ment of report. 1733. Refusal of judge to sign report — power of supreme or appellate court. 1734. \yhen report presumed to contain all the evidence. 1735. Presumptions in favor of party com- plaining on appeal or error. 1736. Purpose of report — liberal construc- tion. 1737. Report of proceedings in appellate or supreme court. Seo. 1715. Questions preserved in certain actions for review without 2 report of proceedings.] The following questions, and. no others, in any action, 3 other than a criminal action, a quasi-criminal action commenced by warrant or a 4 special proceeding, shall be deemed sufficiently preserved for review upon ap^ 5 peal or writ of error without any report of the proceedings settled and signed 6 by the presiding judge: 7 First— Yaljdity of final order, etc., on its face.] The validity of a final 8 order, judgment or decree when determined upon the face of such order, judg- 9 ment or decree alone. 10 Second — Order as to demurrer on exceptions.] The action of the court in 11 sustaining or overruling any demurrer or exceptions to any pleading, in an ac- 1051 12 tion in which there are written pleadings : Provided, however, that no such ac- 13 tion of the court in relation to a demurrer shall be reviewable when, after the sus- 14 taining of a demurrer to any pleading, such pleading is amended, or when, af- 15 ter the overruling of any demurrer to any pleading, the party demurring files a 16 plea, replication, or other pleading subsequent to the pleading the demurrer to 17 which has been overruled. • ( 18 Third— JvB.mDiGTiois of subject mattee or of pekson.J The question 19 whether a final order, judgment or decree is rendered in an action in which the 20 court has jurisdiction of the subject matter and of the persons of the parties. 21 Fourth — Propriety OP master's BBPOET or decree entered thereon. J The 22 question whether a master's report is sustained by the evidence accompanying 23 the same, or is regular and valid on its face, or whether a final order or decree 24 entered upon such report is in accordance therewith, or in accordance with the 25 evidence accompanying the same. Sec. 1716. Questions preserved in criminal action without report of pro- 2 ceedings.J The following questions, and no others, in any criminal action shall 3 be preserved for review upon writ of error without any report of the proceedings 4 settled and signedi by the presiding judge : 5 First — Validity of indictment, etc., on its face.] The validity of the in- 6 dictment or information, when determined solely from the indictment or informa- 7 tion itself, 8 ASecowci— Whether judgment is authorized by indictment, etc.] The ques- 9 tion whether the final judgment is one authorized by the indictment or informa- 10 tion. Sec. 1717. Questions preserved in quasi criminal action without report 2 of proceedings.] The following questions, and no others, in any quasi criminal 1052 3 action commenced by warrant shall be preserved for review upon appeal or writ 4 of error without any report of the proceedings settled and signed by the presid- 5 ing judge. 6 i^irsi— Validity of complaint upon its face.] The validity of the complaint 7 upon which the warrant has issued, when determined from the complaint itself. 8 . Second— WnBTiu'EU judgment authorized by complaint.] The question 9 whether the final judgment is one authorized by the complaint. Sec. 1718- Questions preserved in other actions without report of pro- 2 cEEDiNGS.J In actions and proceedings not included within those specified in the 3 three preceding sections there shall be preserved for, review upon appeal or writ 4 of error, without any report of the proceedings settled and signed by the presid- 5 ing judge, all questions which have heretofore been preserved for review with- 6 :Out any bill of exceptions or certificate of evidence, until otherwise provided as 7 specified in the succeeding section. Sec. 1719. Supreme court to make rule.] It shall be the duty of the su- 2 preme court, as soon after the taking effect of this act as may be practicable, to 3 prescribe by rule what questions, in the actions and proceedings referred to in 4 the preceding section, shall be preserved for review without any report of the 5 proceedings settled and signed by a judge. Sec. 1720. Bill of exceptions and certificate of evidence abolished— re- 2 PORT of proceedings.] Bills o£ exceptions in actions at law and certificates of 3 evidence in actions in equity are hereby abolished. In lieui of the signing and 4 sealing of a bill of exceptions in an action at law, or the signing of a certificate of 5 evidence in an action in equity, as heretofore, it shaU be the duty of the judge be- 6 fore whom any proceedings have been had in any action or proceeding, whether 7 civil, quasi-criminal or criminal, at any time within sixty days after the entry 8 in a court of record of an order, judgment or decree in such action subject to re- 1053 9 view upon appeal or writ of error, or within such, further time as may be allowed 10 by the court upon application therefor within such sixty days or within the pe- ll riod of any extension of time thereafter granted, when either party shall so re- 12 quest, to sign a report of such proceedings which report, when so signed and filed, 13 shall become a part of the record in such action. Suich report shall contain such 14 a statement with respect to such proceedings as shall enable the supreme court, 15 or the appellate court, as the case may be, to properly review such decisions of 16 the lower court as are authorized by this act to be reviewed, and which cannot be 17 reviewed without such report, , and as either of the parties may desire to have 18 reviewed. It shall be prepared by the party who may desirfe a review of the pro- 19 ceedings and shall be tendered to the judge for his signature within the time 20 above specified: Provided, /lowever, that in case of the absence of the judge from 21 the county or his incapacity to act, or in case he cannot be conveniently found, 22 such tender may be made to the clerk of the court in which the action or proceed- 23 ing has been or is pending, and such clerk shall endorse thereon a certificate of 24 ' such tender and enter a minute thereof in the register and minute book, and the 25 same shallhave the same force and effect as if such tender was made to the judge, 26' and whenever any such tender is made to the clerk and so minuted it shall be 27 presumed that it was properly so made. Sec. 1721. What may be incltUded in eepoet— condensation.] Either party 2 to an action tendering a report shall have the right to cause to be inserted 3 therein, at his option, a full and complete report of the proceedings sought to be 4 reviewed, including a steno^graphic report, if the proceedings or any portion 5 thereof be taken down stenographically, of all evidence introduced, all arguments 6 of counsel, all remarks of the presiding judge, all charges or instructions to ju- 7 lies, and all rulings made by the court during the progress of the proceedings, or 8 he may, with the approval of the presiding judge, omit from such report such 9 portions of the proceedings as, in the opinion of the presiding judge, are un- 1054 10 necessary to be embodied in Ihe report for the proper review of the decisions of 11 the court, or he may condense said report into such a statement respecting the 12 proceedings and the decisions of the court during the progress thereof as, in the 13 opinion of th-e presiding judge, will properly and fairly present such decisions 14 for review : Provided, however, that in any case in which the evidence introduced 15 upoai the trial or hearing shall have been taken down stenographically and the 16 same, if transcribed, would not exceed ten thousand words, the court shall not 17 permit a condensation thereof in a report of the proceedings against the objeo- 18 tion of any party to the action. But no such report shall contain any paper or 19 record entry, or any copy thereof, which, by the terms of this act, constitutes a 20 part of the record of the action or proceeding, but when any reference is neces- • 21 sary in any report to any such paper or record entry it shall be suflBioient to 22 identify it by its name or other discription and to refer to it as thus identified. Sec. 1722. Opposite party mat have mattbes inserted.] When any such re- 2 port is tendered to the judge by any party to the action any other party to the 3 action shall have the right to have inserted in the same any other decisions of 4 the court and its proceedings pertaining thereto not included in such report, 5 which such party may desire to have reviewed by the supreme court or appellate 6 court. A party to the action within the meaning of this section, and all other 7 sections of this act pertaining to reports, shall be deemed to include any person 8 interested in such action and who, by the provisions of this act, has the right to 9 prosecute any appeal or writ of error to review an order, judgment or decree 10 entered therein. Sec. 1723. Supplemental or additional report by opposite party.] When 2 there is tendered to and signed by the judge upon the application of any party 3 to the action a report which is not a full and complete report of the proceedings, 4 including so much thereof as has been taken down stenographically, any. other 5 party to the actioai than the one by whom such report has been prepared and ten- 1055 \ ' ", 6 dered may, -within ten days after notice of the signing of such report, or within 7 such further time as may be allowed therefor by the judge, tender for the signa- 8 ture of the judge an additional report which may be either a full and complete 9 report of the proceedings, including so much thereof as may have been taken 10 down stenographically, or a supplemetntal report embracing such matters as 11 may have been omitt'ed from the original report, and it shall be the duty of the 12 presiding judge, if such additional or supplemental report be found to be correct, 13 to sign the same and the same shall thereupon be filed as a part of the record in 14 the action. When such additional report is a full and complete report of the pro- 15 oeedings, including so much thereof as has been taken down stenographically, it 16 shall supersede the previous report and shall be the only report to be considered 17 upon the determination of an appeal or writ of error. Sec. 1724. Exceptions unneoessaby.] It shall not be necessary, in any re- 2 port, to set forth an exception to any ruling of the court, but every such ruling 3 which appears to have been made againsit the objection or contrary to the conten- 4 tion of the party complaining thereof, and which is authorized by this act to be 5 reviewed, shall be subject to such review by the supreme court or appellate court, 6 as the case may be, and in any criminal case any ruling of the court by which 7 manifest injustice has been done to the defendant shall be subject to review, by 8 the supreme court notwithstanding no objection may appear to have been made 9 thereto by or on behalf of the defendant. Sec. 1725. Judge not to omit matter actually occurring when.] No 2 judge shall be at liberty, before signing any report, to cause to be omitted there- 3 from, without the consent of the party tendering the same, any portion thereof 4 which correctly s'ets forth a matter actually occurring before such judge. Sec. 1726. Judge to note tender op report.] Whenever any report shall be 2 tendered to a judge it shall be his duty to endorse thereon and sign a minute of 3 such tender and of the date thereof. 1056 Sec, 1727. Report to be tendebed opposite party foe inspection — duty of 2 opposite party.] Immediately upon the tender of any report to the judge the 3 party tendering such report shall deliver the same for inspection to the opposite 4 party or to his attorney, who shall give his receipt therefor and whose duty it 5 shall be, by a separate document, to note his objections thereto and all changes 6 therein which he may desire to have made and to return such report, with said 7 objections and proposed changes and additions, to the party by whom^ said re- 8 port has been tendered within five days after having received the same, unless 9 further time for returning the same shall be allowed by the party who has ten- 10 dered the same or by the court : Provided, however, that in case of a report of 11 proceedings pertaining to an interlocutory ordep, the party tendering such re- 12 port shall have the right to have the same settled and signed by the judge with- 13 out delay. Sec. 1728. Duty op judge— signing report — corrections.] In caise such re- 2 port shall be agreed upon by the parties or no objection shall be made ithereto by 3 the party to whom the same has been delivered for inspection, the judge shall sign 4 the same, unless, upon inspection thereof, he shall be satisfied thait the same is in- 5 correct, in which case he shall correct the same so as to make, it conform to the 6 truth and shall thereupon sign it, but no such correction shall be made by the 7 judge without notice to or the knowledge of the parties. Sec. 1729. Judge to settle dipeerences.] In case the parties are unable 2 to agree with respect to the report the differences between them shall be suV 3 mitted to the judge who shall thereupon settle and sign the report. Sec. 1730. Costs.] The party preparing any report or supplemental report 2 signed by the judge shall be entitled to have taxed as costs in his favor the ex- 3 pensie of preparing the same to be fixed by the judge and endorsed upon such re- 4 port: Provided, however, that the allowance made by the judge for such ex- 5 pense shall not in any case be less than five dollars ($5) nor more than twenty- 1057 6 five dollars ($25) and that the same shall not be estimated from the length of 7 such report, but f3X)m the amount of work necessarily and properly performed in 8 the preparation thereof, and all such costs shall abide the final event of the action. Sec. 1731. CoEREcnoN or defective eepoet in supeeme court oe appellate 2 court.] Whenever, upon the prosecution of an appeal or writ of error, it shall 3 be made to^ appear to the supreme court, or to the appellate court, as the case 4 may be, that any report is defective and that by reason thereof the right and jus- 5 tiee of the case cannot be determined therefrom, it shall have power to correct 6 the same so that the right and justice of the case may be determined therefrom 7 without any further action by the court from which the appeal or to which the 8 writ of error has been prosecuted, or to direct that such report be corrected or 9 a new report made by the judge before whom the proceedings were had so that 10 the same shall truly and correctly set forth the proceedings of the court from 11 which such appeal to or to which such writ of error is being prosecuted. Sec. 1732. Death qe disability of judge — settlement of eepoet.J In case 2 the judge before whom any proceeding has heretofore been or may hereafter be 3 heard is, by reason of death, sickness or other disability, unable to settle and 4 sign a report of such proceedings, any other judge of the court in which such 5 proceedings have been had, may settle and sign such report whenever he shall 6 be satisfied, either from a stenographic report of the proceedings or by other suf- 7 ficient means, that he can make a correct and just report of such proceedings, 8 and any such report so made shall have the same force and effect as if settled and 9 signed by the judge before whom such proceedings have been had. Sec. 1733. Refusal of judge to sign eepoet— power of supeeme or appel- 2 LATE court.] Whenever it is made to appear to the supreme court, or appellate 3 court, as the case may be, in an action pending therein upon appeal or writ of 4 error, that the judge of the court of original jurisdiction, before whom any pro- 5 ceeding in such action has been had, has wrongfully refused to si^n a proper 1058 ^ ' """ — 6 report of the proceedings, the court may make an order in such action requiring 7 such judge to sign such proper report and no application for a mandamus shall 8 he necessary for that purpose ; and, in any such case, the supreme court, or ap- 9 pellate court, as the case may be, shall .not be bound by the determination of 10 such judge as to the correctness of such report, but may hear evidence and de- ll termine for itself what proceedings were actually had before such judge in such 12 court of original jurisdiction, and may either require such judge to sign such 13 report as the court may find to be correct, or may determine such appeal or writ 14 of error as if the record contained such a report of the proceedings as the court 15 may find should have been signed by such judge. Sec. 1734. When report presumed to contain all. the evidence.] Every 2 report purporting to contain evidence introduced during the proceedings re- 3 ported shall be presumed to contain all the evidence introduced during such pro- 4 ceedings and pertaining thereto, unless the contrary affirmatively appears from 5 the report. Sec. 1735. ' Presumption in favor of party complaining on appeal of er- 2 ROR.] In every action at law tried by jury or by the court without a jury, the 3 verdict of the jury or the finding of the court, as the case may be, and the judg- 4 ment thereon, shall be presumed to have been rendered, made or entered against 5 the objection of the party complaining thereof upon appeal or writ of error, un- 6 less the contrary shall- affirmatively appear from the record or from such report, 7 and in every action in equity every order or decree entered by the court, either 8 upon a master 'st report, or upon a hearing without a master's report, shall be 9 presumed to have been entered against the objection of the party complaining 10 thereof upon appeal or writ of error, unless the contrary shall affirmatively ap- 11 pear from the record or from such rSport, and, in general, any order, judgment 12 or decree entered in any action, which appears from the record to have been 13 clearly and manifestly contrary to the right and justice of the case, shall be •1059 14 presumed to have been entered against the objection of the party complaining ^ 15 thereof upon appeal or writ of error, unless the contrary shall affirmatively ap- 16 pear from the record. Sec. 1736. Purpose or bepokt---libeeal construction.] The purpose of 2 every report shall be to present the proceedings of 'the court in such manner as 3 shall enable the supreme court or appellate court, as the case may be, to prop- 4 erly review the same and to render or cause to be rendered such decision with. 5 respect thereto at the law and the evidence require, or as the court in which 6 the proceedings were had should have rendered, and every such report shall be 7 liberally construed to accomplish such purpose, and no presumption shall be 8 mdulged to aid in sustaininjg a decision which would otherwise appear to be 9 contrary to law or contrary to the law and the evidence. See. 1737. Report of proceedings in appellate or supreme court.] When 2 any evidence not contained in the authenticated record is admitted or considered 3 by an appellate court or the supreme court in pursuance of the provisions of , 4 this act, in any action pending therein, or any other proceedings are had in 5 either of said courts, which would not otherwise be preserved by the record 6 sufficiently for the purposes of a review by another appellate tribunal, such evi- 7 denoe or proceedings, or both, shall, at the request of any party to the record 8 made within thirty days after the final determination by the supreme court or 9 appellate court of such action, be set forth in a report of the proceedings of 10 the supreme court or appellate court, as the case may be, such report to be 11 signed by the chief justice or presiding justice of such court. The method of 12 preparing and settling such report and the effect and construction of the same 13 shall be the same, as near as may be, as is in this act prescribed with respect to 14 a report of proceedings of a court of original jurisdiction, and the same, when 15 settled and signed as aforesaid, shall be filed with the other papers in the ac- 16 tion and shall constitute a part of the record thereof. 1060 DIVISION LXX. APPELLATE PROCEEDINGS. Section 1738. Judgments, etc., of inferior courts re- viewable. 1739. Appeals from or writs of certiorari to justices of the peace — how deter- mined. 1740. Appeal from order allowing or dis- allowing will to probate. 1741. What judgments, etc., reviewable as matter of right. 1742. Judgments, etc., in criminal actions — writs of error. 1743. Discretion as to appeals from inter- locutory orders, etc. 1744. Review of judgments, etc., of appel- late courts — discretion as to appeals. 1745. Definition of final order, etc. 1746. By whom appeal or writ of error may be prosecuted. 1747., How appeal or writ of error docketed — form. 1748. When and how appeal taken — forms of notice. 1749. Condition of appeal bond upon appeal from final order, judgment or decree. 1750. State or municipal corporations, etc., not required to give security in case of appeal. 1751. Attorney deemed authorized to exe- cute appeal bond in name of client. 1752. Penalty of appeal bond. 1753- Penalty of bond may be fixed by court. 1754. Appeal bond may be approved by judge. 1755- Deposit by party appealing from judg- ment in his favor — abandonment. 1756. Deposit of securities in lieu of appeal bond. 1757. Court to control deposits. 1758. Appeal bond stays proceedings. '1759. Clerk to notify appellee. 1760. Order for new appeal bond, etc. — how obtained — effect of non-compliance. Section 1 761. Order vacating stay not to operate as dismissal of appeal. 1762. Application to court appealed to' for relief from order. 1763. Separate appeals by diflferent parties — deposit — authenticated record — docketing in court appealed to. 1764. When appeal by one party shall stand as appeal or writ of error by another party — form of notice. 1765. Appeal by heir, etc., of deceased party. 1766. A^Dpeal when another party to record has died, etc. — forms or orders. 1767. Manner of obtaining an appeal from appellate court when allowance in discretion of appellate court. 1768. Forms of appeal bonds and certificates of deposit. 1769. When authenticated record to be made. 1770. Failure to file authenticated record to be abandonment of appeal. 1 77 1. What reviewable upon appeal. 1772. Subsequent appeal while prior appeal is pending. 1773. When writ of error may be brought. 1774. Prosecution of writ of error — praecipe — summons — publication of notice. 1775. Writ of error by heir, etc. 1776. Procedure in case of death of opposite party. 1777. Forms of praecipes for writs of error. 1778. Clerk to -issue writ of error — forms. 1779. Where writ of error to be filed — filing to be notice of lis pendens. 1780. When summons to be issued or notice published. 1 78 1. Forms of summons. 1782. When summons need not be served. 1783. When summons to issue. 1784. Service of summons — upon, whom and how made. 1061 APPELLATE PROCEEDINGS— CONTINUED. Section 1785. Service of summons — ^by whom made. 1786. Proof of service of summons. 1787. When appearance of parties sum- moned to be entered. 1788. Procedure in case of death, etc., of party pending appeal or- writ of' error. 1789. Other procedure as to substitution of parties to be regulated by rules. 1790. Notification of non-resident and vm- known parties. 1791. When authenticated record to be filed upon writ of error. 1792. Stay of proceedings upon writ of er- ror — how obtained — forms. 1793. Stay order in criminal action for mis- demeanor — form of recognizance. 1794. How amount of recognizance deter- mined. 1795. Deposit in lieu of recognizance — form of certificate. 1796. Disposition to be made of deposit. 1797. Stay order in criminal action for fel- ony — form of recognizance. 1798. Defendant not to be transferred to penitentiary until lapse of ten days. 1799. Duty of supreme court when authenti- cated record, brief and argument filed — form of recognizance. 180G. When appeal as of right from inter- locutory order, etc., may be taken — ■ deposit— =-form of notice. 1801. Damages for frivolous or vexatious appeal. 1802. Manner of perfecting interlocutory ap- peal not matter of right. 1803. Appeal from interlocutory order not to operate as stay unless", etc. 1804. Time for filing interlocutory authenti- cated record. 1805. Interlocutory appeals to be given pre- cedence. 1806. Immediate hearing in injunction and receivership cases — procedure. 1807. Judgment of court appealed to — when not binding. Section 1808. Court may expedite proceedings on in- terlocutory appeal. 1809. To what courts interlocutory appeals to be taken. 1810. Appeal from appellate court to su- preme court when discretionary with supreme court — how prosecuted. 1811. Stay of proceedings upon appeal froryf appellate court to supreme court. 1812. Appeal or writ of error to wrong court — procedure. 1813. Procedure when appellate court im- properly dismisses appeal or writ of error or orders transfer to supreme court. 1814. Procedure when appellate court im- properly assumes jurisdiction. 1815. Plea of release of errors abolished — procedure. 1816. Manner of making up authenticated records — form of certificate. 1817. Appeals to or writs of error from the same court or different courts at the same time, etc. 1818. Authenticated record when appeal or writ of error affects only portion of matter in litigation. 1819. Authenticated record of appellate court — form of certificate. 1820. Placita abolished — presumptions of regularity. 1821. Authenticated record to be transmitted to clerk of court appealed to. 1822. Authenticated record to be remitted from appellate court or supreme court. 1823. Assignments of error abolished. 1824. All orders to be subject to review at instance of either party. 1825. Printing the record upon appeal from or writ of error to court of original jurisdiction. 1826. Printing record on appeal from or writ of error to appellate court. 1827. Clerk of appellate court to transmit to supreme court printed records with authenticated records. 1062 APPELLATE PROCEEDINGS— CONCLUDED. Section 1828. Printed briefs and arguments of plain- tiff in error or appellant. 1829. Printed briefs and arguments of de- fendant in error or appellee. 18301 Printed briefs and arguments filed in appellate court may be used in su- preme court. 1 83 1. Imperfect argument in appellate court not to prejudice in supreme court. 1832. Printed matter used in inferior court to be available in appellate court or su- preme court. 1833. . When actual sessions of supreme and appellate court necessary. 1834. Notice to terre-tenants, etc. 1835. Notice to third persons of pendency of action of public importance in su- preme court. 1836. Inspection of original papers. 1837. Damages on dismissal of appeals. 1838. Penalty for frivolous or v-exatious ap- peal or writ of error. 1839. No final order to issue until thirty days except, etc. 1840. Order of disposition of business. 1 84 1. Rehearings^how applied for. 1842. Application to be by petition — no lim- itation upon arguments. 1843. Court granting rehearing to state points — filing of arguments. 1844. Agreed case. 1845. Judgments which may be entered on appeal or error. 1846. Action not to be remanded with direc- tions when. 1847. Procedure when judgment is affirmed, 1848. Procedure when judgment, etc., re- versed and action not remanded. 1849. Procedure when judgment, etc., re- versed and action remanded. Section 1850. Procedure when appeal or writ of er- ror dismissed. 1851. Procedure in case of transfer. 1852. When certified copy may. be trans- mitted prior to lapse of thirty days. 1853. Judgments which may be entered by supreme court on appeal from or error to appellate court. 1854. Procedure when supreme court affirms appellate court. 1855. Procedure when supreme court re- verses appellate and affirms court of original jurisdiction. 1856. Procedure when supreme court re- verses both courts and enters final order, etc. 1857. Procedure when supreme court re- verses and remands. 1858. Procedujrie when supreme court dis- misses appeal from or writ of error to appellate court. 1859. Procedure when appeal perfected or stay of proceedings granted in ap- pellate court. i860. Authenticated record to be retained for purpose of writ of error or other pro- ceedings — when. 1861. Procedure in cases of interlocutory appeals. 1862. Written opinions discretionary. 1863. Circuit judges to be assigned to assist supreme court. 1864. Judges so assigned to attend. 1865. Judges of supreme court authorized to select assistants — qualifications — salary — terms — residence. 1866. Rules to be observed in review of judgments, etc., of courts of origi- nal jurisdiction. 1867. Certifying questions as to construction of this act, etc. — form of certificate. 1868. Procedure not otherwise provided for. Sec. 1738. Judgments, etc., of inferior courts reviewable.] The orders, 2 judgments and decrees of all courts inferior to tlie supreme court shaU be subject 3 to review by appeals, writs of certiorari and writs of error to the extent and in 1063 4 the manner provided by this act by the respective courts of appellate jurisdic- 5 tion. Sec. 1739. Appeals from and writs op certiorari to justices of the peace— 2 HOW determined.] Appeals from and writs of certiorari to justices of the peace 3 shall be heard and determined in a summary way according to the justice of the 4 case by the court to which the appeal or from which the writ of certiorari has 5 been prosecuted. Every such action shall be tried by the court without a jury, 6 unless one of the parties at the time he enters his appearance in the court ap- 7 pealed to shall file with the clerk a demand in writing of a trial by jury, which 8 demand, however, may be withdrawn by the party filing the same at any time 9 before the trial. 1 Sec. 1740. Appeal prom order allowing or disallowing will to probate.] 2 An appeal to the circuit court, or, in Cook county, to the superior court of Cook 3 county, from an order of the probate court or county court allowing or disallow- 4 ing any will to probate shall be tried in such circuit court or superior court of 5 Cook county de novo as heretofore, and the court upon such trial shall enter such 6 order as the law and the evidence may require. Sec. 1741. What judgments, etc., reviewable as matter op right.] The 2 following orders, judgments and deci'ees of circuit courts, the superior court of 3 Cook county, the criminal court of Cook county, county courts, probate courts 4 and city courts, in other than criminal actions, shall be reviewable as a matter of 5 right, by appeal or writ of error : 6 First — Final order, etc.] Every final order, judgment or decree. 7 /S'ecowd^— Injunction order.] Every order granting or refusing to grant an 8 injunction, or dissolving or refusing to dissolve an injunction previously granted, 9 or modifying or changing, or refusing to modify or change, an injunction order 10 previously granted. 1064 -, - 11 Third — Receivebship okdee.] Every order appointing or refusing to ap- 12 point a receiver, or vacalting or refusing to vacaite an order appointing a re- 13 oeiver, or modifying or elianging or refusing to modify or change, an order 14 previously granted for the appointment of a receiver. 15 Fourth — Obdee foe payment op money oe sale of peopeety by eeoeivee.] Ev- 16 ery order directing the payment of money by any receiver, or a sale or disposi- 17 tion by any receiver of any property, or approving or refusing to approve, in 18 whole or in part, any account of any receiver. 19 Fifth— OKomi geanting new teial.] Every order granting a new trial in 20 any action, whether tried by jury or by the court without the intervention of a 21 jury, when such new trial is granted because, in the opinion of the trial court, the 22 verdict of the jury or the .finding of the court is contrary to the evidence, or 23 errors of law have been committed by the trial court during the progress of the 24 trial. Sec. 1742. Judgments, etc., in criminal actions— weits op eeeoe.] The 2 final orders and judgments of circuit courts, the superior court of Cook county, 3 the criminal court of Cook county, county courts, probate counts and city courts 4 in criminal actions shall be reviewable as a matter of right in all cases by writ of 5 error upon the application of the defendant only. Sec. 1743. DiscEETioN as to appeals peom inteelooutoey oedees, etc.] The 2 following orders, judgments and decrees of circuit courts, the superior court of 3 Cook county, the criminal court of Cook county, county courts, probate courts 4 and city coiirts, in other than criminal actions, may be reviewed by appeals in the 5 discretion of the courts entering such orders, judgments or decrees or of the 6 courts to which it is proposed to remove such orders, judgments or decrees for re- 7 view by appeal : 8 First — Oedee as to demueeee ob exceptions.] Every order overruling or sus- 9 taining exceptions or a demurrer to any pleading. 1065 10 Second — Oedbb as to plea in equity.] Every order allowing or disallowing a 11 plea in equity. 12 Third—Ors^Es, ordeks.J Every order which, in the opinion of either of said 13 courts, if incorrect or contrary to law. may seriously interfere with the speedy 14 and proper final determination of an action upon its merits, or may greatly and 15 unnecessarily increase the expense and labor of the parties in the prosecution or 16 defense ot the same, or may result in serious inconvenience to the party com- 17 plaining thereof, or is otherwise of such a character that an appeal ought to be 18 allowed therefrom. Sec. 1744. Review of judgments, etc., of appellate courts — disceetion • 2 as TO appeals.] Every final order, judgment or decree of an appellate court, one 3 in an action for the recovery of money only, or personal property only, or both 4 money and personal property, when the sum or value in controversy does not 5 exceed five thousand doljars ($5,000), exclusive of costs, excepted, shall be re- 6 viewable by the supreme court in its discretion, by appeal. Every final order, 7 judgment or decree of an appellate court in an action for the recovery of money 8 only, or personal property only, or both money and personal property, when 9 the sum or value i^j controversy does not exceed five thousand dollars ($5,000), 10 exclusive of costs, shall be reviewable by the supreme court by appeal in the 11 discretion of the court entering such order, judgment or decree, or of one or 12 more of the judges thereof: Provided, however, that an appeal may be prose- 13 cuted in any such case in the discretion of the supreme court for the review of 14 any decision, of the appellate court respecting its own jurisdiction or powers or 15 respecting the jurisdiction or powers of the court from which an appeal has been 16 prosecuted to or to which a writ of error has been prosecuted from such appel- 17 late court. 1066 Sec. 1745. Definition of final order, etc.] Tlie following orders, judg- 2 ments and decrees of the appellate courts shall be deemed final within the mean- 3 ing of the preceding section: 4 i^irsi— Affirmance.] Every order, judgment or decree affirming an order, 5 judgment or decree of the inferior court. 6 Second — Reversal oe modification and new order, etc.] Every order, 7 judgment or decree reversing, in whole or in part, or modifying, an order, judg- 8 ment or decree of the inferior court, and entering a final order, judgment or de- 9 cree in lieu thereof. 10 Third — Reversal and remandment for new trial or hearing.] Every 11 order, judgment or decree reversing an order, judgment or decree of the infer- 12 ior court and remanding the action to the inferior court for a new trial or new 13 hearing. 14 Fourth — Dismissal or appeal or writ of error.] Every order, judgment or 15 decree dismissing an appeal from or writ of error to an inferior court 16 Fifth— Oth^er orders, etc.] Every other order, judgment or decree which 17 has heretofore been regarded as final in its nature. See. 1746. By whom appeal or writ of error may be prosecuted.] An ap- 2 peal or writ of error to review any order, judgment or decree made reviewable 3 by this act by appeal or writ of error, may, in any other than a criminal action, be 4 prosecuted by any one or mo^re of the parties to the action in which such order, 5 judgment or decree has been entered, whether plaintiffs, petitioners, claimants, 6 defendants, interveners or garnishees, or by any person who has become inter- 7 ested in such action as the heir, devisee or other legal representative of a de- 8 ceased party, or as the successor in office or trust of a party thereto or by any 9 other person who may be affected by such order, judgment or decree, financi- 10 ally or otherwise. A writ of error in a criminal action may be' prosecuted by 11 the defendant only, or, if there are several defendants, by any one or more of 12 such defendants. __ 1067 Sec. 1747. How appeal, or writ op eerok docketed— form.] An appeal or 2 writ of error shall be entered in the register and minute book of the supreme 3 court or appellate court, as the case may be, in the names of the parties as they 4 appear in the court from which the appeal or to which the writ of error has been 5 prosecuted, and there shall be entered in the register and minute book a memo- 6 randum specifying the court from which the appeal or to which the writ of error 7 is prosecuted, and, if such court is a court other than an appellate court, the name 8 of the presiding judge before whom the proceedings sought to be reviewed were 9 had and a further memorandum or notation indicating the person or persons 10 prosecuting such appeal or writ of error, together with such further memoranda 11 as may be required by the rules which may be adopted by the supreme court or 12 the appellate court, as the case may be: Provided, however, that when any sub- 13 stitution of parties shall have been made as hereinafter provided, the appeal or 14 writ of error shall be entered in the register and minute book of the supreme 15 court or appellate court, as the. case may be, in the names of the parties as they .16 shall appear after such substitution. Every appeal or writ of error shall be given 17 a record number, which record number shall not be changed. The record num- 18 bers of appeals and writs of error shall extend from one (1) to one hundred 19 thousand (100,000). In addition to the record number an appeal or writ of error 20 may be given a calendar number upon any written or printed calendar prepared 21 for the convenience of the court and the officers thereof, but such calendar num- 22 ber shall not be entered in any manner upon the record. The following form of 23 entering an appeal upon the register and minute book shall be deemed sufficient : 24 25 John Doe 26 V. 27 Eichard Eoe, Henry 28 Eoe and David Eoe. No. 155. Appeal from Circuit Court of Cook County, Hon. John Jones, Judge Presiding, prosecuted by the de- fendant David Eoe. Sec. 1748. "When and how appeal taken— form of notice.] An appeal 2 from any final order, judgment or decree, when the same may be prosecuted as 1068 3 a matter of right, may be taken at any time within thirty (30) days after the 4 rendition of such order, judgment or decree, and in case the same be an appeal 5 from an order, judginent or decree against the party appealing, or from an 6 order, judgment or decree, the execution of which the party appealing desires 7 to be stayed until the final determination of the appeal, the same may be per- 8 fected by tendering to the clerk of the court from which the appeal is taken, 9 either an appeal bond with good and sufficient security, or a deposit of securities 10 as hereinafter provided, and also tendering to such clerk a notice of appeal, 11 which notice shall specify the title of the action and the classification and number 12 thereof and be signed by the party taking the appeal or his attorney, to be filed 13 by such clerk in the action in which the appeal is taken, and by paying to such 14 clerk the sum of thirty dollars ($30) in cash, of which amount the sum of five 15 dollars ($5) shall be retained by said clerk as his fees for the authenticated 16 record, and the remaining twenty-five dollars ($25) of said amount shall be 17 transmitted by said clerk to the clerk of the court appealed to as the costs of 18 such clerk, together with the authenticated record of the action in which the 19 appeal is taken : Provided, however, that in an action of forcible detainer such 20 appeal must be taken within five (5) days after the rendition of the judgment 21 appealed from; and provided further, that an appeal in an action of contempt 22 may be taken in the manner hereinafter specified for the taking of an appeal 23 in a quasi criminal action brought by a municipal corporation for the violation 24 of a municipal ordinance, but in such case the amount of the recignizance shall 25 be fiixed by the court. Upon the taking of an appeal the party appealing shall, 26 upon demand made therefor, deliver to the opposite party, or to each opposite 27 party or group of opposite parties entering a separate appearance, a copy of 28 the notice of appeal and of the appeal bond or certificate of deposit, as the case 29 may be. When the appeal is from a jud,gment in a quasi criminal action brought 30 by^ a municipal corporation for the violation of a municipal ordinance, the party 31 appealing may, in lieu of the tender of an appeal bond, as above provided for, 1069 ' ;; 32 enter into a recognizance in a sum twenty per cent more than the amount, in-, 33 eluding costs, of the judgment recovered, conditioned that in case the judgment 34 appealed from is affirmed or the appeal dismissed or the judgment reversed 35 and the action remanded by the court appealed to, such party shall surrender 36 himself to the sheriff of the county within ten (10) days after a certified copy 37 of such judgment of affirmance or dismissal, or reversal and remandment shall 38 have been filed in the court appealed from. The following shall be deemed a 39 sufficient form of notice of appeal and shall be taken as furnishing suggestions 40 from which other notices of appeal may be properly framed: 41 In the Circuit Court of Cook County, Illinois. 42 John Doe, ] V. Contract. No. 27. 43 Eichard Roe. J ; 44 Notice op Appeal. 45 Notice is hereby given that an appeal has been taken by the defendant to 46 the appellate court (or supreme court, as the case may be), in the above entitled 47 action. 48 William Smith, 49 Def.endaM's Attorney. Sec. 1749. Condition of appeaIv bond upon appeal fkomi final order, judg- 2 ment or decree.] Every appeal bond, in the case of an appeal from a final 3 order, judgment or decree, shall be conditioned foT the performance, by the 4 party or parties appealing, of the order, judgment or decree appealed from, or 5 which is affirmed by the order, judgment or decree appealed from, and the pay- 6 ment by such party or parties of all costs and damages which may be awarded 7 against such party or parties in the court appealed to in case such order, judg- 8 ment or decree is affirmed by such court. The condition of an appeal bond, or 9 a provision in a certificate of deposit hereinafter provided for requiring the per- 10 formance by the party or parties appealing of the order, judgment or decree 1070 11 appealed from, or which is affirmed by the order, judgment or decree appealed 12 from, shall be construed as follows : 13 First— Mos-EY judgment.] In the case of an appeal from an order, judg- 14 ment or decree for the payment of money by the party or parties appealing, it 15 shall be construed as requiring the payment, to the person entitled thereto, of 16 the money specified in such order, judgment or decree, with interest thereon at 17 five (5) per cent per annum from the date of such order, judgment or decree, 18 or from the time therein fixed for the payment of the money. 19 Second— JwGM.'E^T for possession or pkopebty.J In the case of an appeal 20 from an order, judgment or decree for the delivery by the party or parties ap- 21 pealing, of possession of property, it shall be construed as requiring the de- 22 livery of possession of such property to the person entitled thereto and the pay- 23 ment to such person of such dama.] When, 2 upon appeal from or writ of error to a court of original jurisdiction, the de- 3 cision of the supreme court or appellate court is that the appeal or writ of 4 error be dismissed, the clerk of the supreme court, or appellate court, as the 5 case may be, at the end of thirty (30) days after the entry of the judgment of 6 dismissal, or, in case of a further stay of proceedings, upon the termination of 7 such stay of proceedings, shall transmit a certified copy thereof, attached to the 8 authenticated record of the action, to the court of original jurisdiction, and, 9 upon the filing thereof in such court of original jurisdiction the order, judg- 10 ment or decree of the court of original jurisdiction to review which the appeal 11 or writ of error was prosecuted may be enforced or carried into effect by execu- 12 tion or other appropriate proceeding. Sec. 1851. Procedure in case op transpbe.] When, upon appeal from or 2 writ of error to a court of original jurisdiction, the decision of the. supj?eme 3 court or appellate court is that the appeal or writ of error be transferred from 4 the supreme court to the appellate court, or from the appellate court to the su- 5 preme court, as the case may be, .the clerk of the supreme court, or appellate 6 court, as the, case may be, immediately after the entry of the judgment of trans- 7 fer, shall transmit a certified copy thereof attached to the authenticated record 8 of the action, to the court to which the transfer is made, and upon the, filing 9 thereof in such court, such court shall proceed with, the determination of the 10 appeal or writ of error in the same manner as if' the appeal had been taken to- ll or writ of error prosecuted from such court. Sec. 1852. When cbrtipied copy, etc., may'bb transmitted prior to lapse 2 OP thirty days.] Whenever the supreme court or appellate court shall so 3 order, the clerk of the supreme court or appellate court, as the case may be, shall 4 transmit to the clerk of the proper court the certified copy of the judgment of the supreme court or appellate court, as the case may be, attached to the au- 1146 6 thenticated record specified in the five (5) preceding and five (5) subsequent 7 sections prior to the lapse of thirty (30) days after the entry thereof. Sec. 1853. Judgments which may be entered by supreme court on 2 APPEAL FROM APPELLATE COURT.] In every case of appeal from an appellate court to the supreme court the supreme court may render either one of the following 4 judgments: . 5 J First — Affirmance op judgment of appellate court.] It may affirm an 6 order, judgnjent or decree of the appellate court affirming an order, judgment 7 or .decree of a court of original jurisdiction, or reversing, in whole or in part, or 8 modifying an order, judgment or decree of the inferior court and entering a 9 final order, judgment or decree in lieu thereof, or reversing a final order, judg- 10 ment or decree of the inferior court and remanding the action to the inferior 11 court for a new trial or hearing, or it may affirm an order of the appellate court 12 dismissing an appeal from or writ of error to a court of original jurisdiction. 13 Second — Reversal of appellate court and affirmance op iIstferior court.] 14 It may reverse an order, judgment or decree of the appellate court reversing, 15 in whole or in part, or modifying the order, judgment or decree of the court 16 of original jurisdiction and either entering a final order, judgment or decree 17 in lieu thereof or remanding the action to the court of original jurisdiction 18 for a new trial or hearing, and affirm the order, judgment or decree of the 19 court of original jurisdiction. 20 Third — Reversal op appellate and inferior court and entry of final 21 judgment.] It may reverse, in whole or in part, or modify the order, judg- 22 ment or decree of the appellate court, as well as the order, judgment or decree 23 of the court of original jurisdiction and enter such final order, judgment or decree 24 in lieu thereof as the court of original jurisdiction ought to have entered; 25 Fourth — ^Reversal of both courts and remanding for new trial.] It may 26 reverse the order, judgment or decree of the appellate court and the order. 1147 27 judgment or decree of the court of original jurisdiction and remand the action 28 to the court of original jurisdiction for a new trial or a new hearing. 29 Fifth — Dismissal of appeal or writ of error.] It may dismiss the appeal 30 from the appellate court. Sec, 1854. Procedure when supreme court affirms appellate court.] 2 When, upon appeal from a.n appellate court, the decision of the supreme 3 court is that an order, judgment or decree of the appellate court 4 affirming an order, jud(gment or decree of the court of original jurisdic- 5 tion or reversing, in whole or in part, or modifying, an order, judgment or 6 decree of the inferior court and entering a final order, judgment or decree 7 in lieu thereof, or reversing a final order, judgment or decree of the inferior 8 court and remanding the action to the inferior court for a new trial or hear- 9 ing, or an order dismissing an appeal from or writ of error to the court of 10 original jurisdiction be affirmed, the clerk of the Supreme Court, at the end 11 of thirty (30) days after the entry of the judgment of affirmance, or, in cj^se 12 of a further stay of proceedings, upon the termination of such stay of pro- 13 ceedings, shall transmit a certified copy thereof attached to the authenticated 14 record of the action to the court of original jurisdiction and, upon the filing 15 thereof in such court of original jurisdiction, the order, judgment or decree of 16 the appellate court thus affirmed shall be given the same effect and be pro- 17 ceeded under in the same maimer as if no such appeal to or writ of error from 18 the Supreme Court had been prosecuted. ; « i . Sec. 1855. Procedure when supreme court reverses appellate and af- 2 firms court of original jurisdiction.] Wlien^ upon an appeal from an appel- 3 late court, the decision of the supreme court is that an order, judg- 4 ment or decree of the appellate court reversing, in whole or in part, or modi- 5 fying the order, judgment or decree of the court of original jurisdiction and 6 either entering a final order, judgment or decree in lieu thereof or remanding '" ^ ' 1148 7 the action to the court of original jurisdiction for a new trial or hearing, be re- 8 versed and that the order, judgment or decree of the court of original jurisdic- 9 tion be affirmed, the clerk of the Supreme Court, at the end of thirty (30) days 10 after the entry of the judgment of affirmance, or, in case of a further stay of 11 proceedings, upon the termination of such stay of proceedings, shall transmit 12 a certified copy thereof attached to the authenticated record of the action to 13 the court of original jurisdiction and upon T;he filing thereof in such court of 14 original jurisdiction the order, judgment or decree of such court thus affirmed 15 shall be enforced or carried into effect by execution or other appropriate 16 proceeding. See. 1856. Pkocedxjke ween supreme court reverses both courts and 2 enters final order, etc.] . When, upon an appeal from an appellate court, 3 the decision of the supreme court is that the order, judgment or decree 4 of the appellate court and the order, judgment or decree of the court of original 5 jurisdiction be reversed without the action being remanded, and the Supreme 6 Court enters such final order, judgment or decree as the court of original 7 jurisdiction ought to have entered, the clerk of the Supreme Court, at the end 8 of thirty (30) days after the entry of such final order, judgment or decree, or, in 9 case of a further stay of proceedings, upon the termination of such stay of pro- 10 ceedings, shall transmit a certified copy thereof attached to the authenticated 11 record of the action to the court of original' jurisdiction and, upon tihe filing 12 thereof in such court of original jurisdiction, the same shall be entered on 13 the record and shall be deemed an order, judgment or decree of such court of 14 original jurisdiction and shall be enforced or carried into effect by execution 15 or other appropriate proceeding by such court of original jurisdiction in the 16 same manner as' other orders, judgments or decrees of such court, and if the 17 same be a judgment or decree for money, it shall be a lien on real estate from 18 the date of the entry thereof in the Supreme Court to the same extent as if the 19 same were an order, judgment or decree of such court of original jurisdiction, 1149 Sec. 1857. Procedure when supreme court reverses and remands.] 2 When, npon an appeal from an appellate court, the decision of the 3 Supreme Court is that the order, judgment or decree of the appellate court, 4 as well as the order, judgment or decree of the court of original jurisdiction, 5 be reversed and the action remanded to the court of original 'jurisdiction for a 6 new trial or new hearing, the clerk of the Supreme Court shall, at the end of 7 thirty (30) days after the entry thereof, or, in case of a further stay of proceed- 8 ings, upon the termination of such stay of proceedings, transmit a certified 9 copy thereof attached to the authenticated record of the acti^jn to the court of 10 original jurisdiction, and, upon the filing thereof in such court of original juris- 11 diction, such court shall, excepting as may be otherwise expressly provided by 12 thisAct, proceed to a new trial or' new hearing of the action upon its merits 13 with liberty to the parties to amend their pleadings or other papers and to in 14 troduce* further evidence. I Sec. 1858. Procedure when supreme court dismisses appeal from or 2 writ op error to appellate court.] When, upon an appeal from an appellate 3 court, the decision of the Supreme court is that the appeal be dismissed, the 4 clerk of the supreme court, at the end of thirty (30) days after the 'entry of 5 the judgment of dismissal, or, in case of a further stay of proceedings, upon 6 the termination of such stay of proceedings, shall transmit a certified copy 7 thereof attached to the authenticated record of the action to the court of original 8 jurisdiction, and, upon the filing thereof in such court of original jurisdiction 9 the order, judgment or decree of the appellate court to review which the ap- 10 peal was prosecuted may be enforced or carried into effect by execution or 11 other appropriate proceeding. Sec. 1859 Procedure when appeai, perfected or stay of proceedings granted 2 IN appellate court.] Whenever, within thirty (30) days after the entry of an 3 ' order, judgment or decree of the appellate court, an appeal to the Supreme Court 1150 4 therefrom shall be perfected or for other reason proceedings under such order, 5 judgment or decree shall be stayed, the transmitting of the certified copy here- 6 inbefore provided for attached to the authenticated record of the action shall 7 be delayed pending the termination of such appeal or until such stay of proceed- 8 ings shall have been vacated; and when, within thirty (30) days after the entry 9 of an order, judgment or decree of the Supreme Court, the proceedings under 10 such order, judgment or decree shall be stayed, the transmitting of such certified 11 copy attached to the authenticated record of the action shall be delayed pend- 12 ing such stay of proceedings. Sec. 1860. Authenticated eecoed to be retained eoe purposes op writ of 2 ERROR OR OTHER PEOCEEDINGS---WHEN.] Whenever, in any case, there are 3 proceedings pending in either the appellate court or the supreme court 4 which render it necessary that the authenticated record should remain 5 in either of said courts, but which do not operate as a stay of proceedings of -'6; the court of original jurisdiction, the certified copy hereinbefore provided for 7 of the order, judjgment or decree of the appellate court or of the Supreme Court, 8 as the case may be, shall be transmitted to the court of original jurisdiction 9 without the authenticated record being attached thereto, and such authenti- 10 cated record shaJl be returned to the court of original jurisdiction when the 11 same is no longer necessary for use in any proceedings pending in said appel- 12 late court or supreme court, as the case may be. , Sec. 1861. Procedure in case op interlocutory appeals.] In cases of ap- 2 peals from interlocutory orders, judgments or decrees, a certified copy of the 3 final judgment of the Supreme Court or appellate court, as the case may be, 4 disposing of such appeal, attached to the authenticated record shall be trans- 5 mitted to the' clerk of the court appealed from within five days after the entry 6 thereof by the Supreme Court or appellate court, as the case may be. 1151 ^ See. 1862. Written opinions disceetionary. ] Written opinions in cases de- 2 termined in the supreme court and in the appellate courts shall only be filed by 3 said respective courts when, in their judgment, the same are necessary for the 4 protection of the rights of the parties, or when the public interests will be 5 subserved thereby: Provided, however, that in every other case the court shall 6 file a brief memorandum, for the information of the parties, setting forth the 7 grounds of the decision. Sec. 1863. Circuit judges to be assigned to assist supreme court.] The 2 Supreme Court may, in its discretion, assign, from time to time, such number 3 of judges of the circuit court as the court may deem necessary or convenient 4 to duty at the State capital for the purpose of aiding the judges- of the 5 Supreme Court in the following matters: 6 First-^GniMiNAh actions.] In the determination of questions of law and 7 questions of fact arising in writs of error prosecuted from the Supreme Court 8 in criminal actions. 9 Second — Interlocutory motions.] In the determination of interlocutory 10 motions and applications- in actions pending in said court. 11 ' Third— Opinions.] In the preparation of written opinions in cases de- 12 termined by the court. 13 Fourth— GiwERAii superintendence.] In the performance of the duties im- 14 posed upon them by this act in respect to the general superintendence of the 15 administration of justice in this State and not pertaining to any action or ac- 16 tions pending in said supreme court. 17 Fifth— 'EiXAMiNATiON OF BOOKS.] lu the examination and consideration of 18 the books required t>y this act to be prepared and, when approved by the judges 19 of the supreme court, to be published and distributed by the supreme court re- 20 porter. 21 Sixth— Otseu WORK.] In the performance of such other work as the 22 judges of the supreme court may deem proper. 1152 Sec. 1864. Judges so assigned to attend.] Circuit judges assigned to duty as 2 provided in liie preceding section shall attend at the State capital during such 3 periods as they may be so required to attend by the Supreme Court, and shall 4 perform such work as may be allotted to them by the Supreme Court. See. 1865. Judges of supreme court authorized to select assistants — 2 qualifications— salary— TENURE.] The judges of the supreme court are hereby 3 authorized to appoint such number of persons, not exceeding three, as they may 4 deem expedient to aid and assist said judges, in such manner as said judges 5 may deem proper, in the performance of the work imposed upon them by law. 6 The persons so appointed shall be residents of this State and shall be persons 7 of high standing and recognized ability in the profession of the law. No person 8 shall be so appointed "who shall not have attained the age of forty years, or who 9 shall have attained the age of seventy years, or whose physical cpndition is not 10 such as to enable him to properly and prorpptly perform such work as may be 11 imposed upon him by the judges of the supreme court. Every person so ap- 12 pointed shall receive a salary of ten thousand dollars ($10,000) per annum pay- 13 able quarterly out of the State treasury, and he shall continue to hold the 14 position to which he is appointed during the pleasure of a man ority of the judges 15 of the supreme court. Sec. 1866. Rules to be observed in review of judgments, etc., of courts 2 of original jurisdiction.] In the review of orders, judgments and decrees of 3 courts of original jurisdiction by the Supreme Court and the appellate courts 4 the following rules shall be observed : 5 First — All questions of law and fact reviewable.] Upon the review by 6 the Supreme Court or any appellate court of any order, judgment or decree 7 of a court of original jurisdiction all the decisions of such court of original 8 jurisdiction pertaining to such judgment, order or decree, shall be reviewable, 9 whether such decisions pertain to the law or to the facts, and, upon the re- 1153 10 view by the Supreme Court, of any order, gudgment or decree of an appel- 11 late court, all decisions of tlie court of original jurisdiction shall be review- 12 able which were reviewable by the appellate court. 13 Second—WsiTS^ veedict not to be set aside.] The verdict of a jury in an 14 action in which either party is entitled to a trial by jury as a matter of 15 right, 1 other than a criminal action, shall not be set aside because the same may 16 appear to the iSupreme Court or appellate court to be contrary to the evidence, 17 unless the evidence .preserved in the report of the proceedings settled and 18 signed by the presiding judge is such, as to ^satisfy the court beyond, all reason- 19 able doubt that to permit the verdict to stand would result in a miscarriage of 20 justice. 21 Tfdrd-T-'E'Bs.o'R in admission oiF evikence not to be ground fob eeveesal 22 WHEN.] No error, eojoamitted by a court of original jurisdiction in admitting 23 evidence in an action tried by jury shall .be deemed ground for the reversal of 24 the judgment entered upon the verdict of the jury, unless it shall appear. prob- ,25 able to the supreme court or appellate court that such error, either of itself 26 alone or in connection with other errors which may have been committed by 27 , such court of original .jurisdiction, ca>used the rendition of a verdict different 28 from that which otherwise would have been rendered by such jury. 29 Fourth— iMp-Rop-m bemakks.] No improper remark or remarks made dur- 30 ing the; progress of a trial by jury, whether made by the court or by any' at- 31 torney, shall be . deemed sufficient ground for the reversal of the judgment 32 entered as a result , of .such trial, unless it shall appear probable to the Supreme 33 Court Orr appellate court that, such remark or remarks, either alone or in con- .34 nection with other erroneous proceedings of the court of original jurisdiction, 35 caused the jury, to render a verdict which otherwise they would not have rendered. :: 36 F^/^/i— Refusal to admit competent evidence.] No error committed by a court of original jurisdiction in a refusal, to admit competent evidence in an 37 .action mother tlian a criminal action, shiU ;be deemed sufficient ground for the re- 38 versal of ^ judgment,- unless it shall appear that the evidence rejected was so im- 1154 39 portant that the party complaiBing was seriously prejudiced by the refusal oi 40 the court to admit the same, and that the admission of such evidence would prob- 41 ably have resulted in a different judgment; and, for the purpose of ascertaining 42 whether such refusal to admit competent evidence should require the reversal oi 43 such judgment, the supreme court, or appellate court, as the case may be, shall 44 have power to cause such rejected evidence to be taken before a master in chan- 45 eery or other officer of the court of original jurisdiction and to be reported to the 46 supreme court or appellate court, as the case may he, for its consideration in the 47 determination of the appeal or writ of error. 48 Sixth— Gil AJiGiE, OP the court,] The charge of the court in a trial by jury 49 shall in every case be considered as a whole, and if, when so considered, it 50 states the law applicable to the case fairly and with reasonable accuracy, the 51 judgment shall not be reversed because some portion or portions of .the chargi 52 when considered alone, would appear to be erroneous, nor shall any error in a 53 charge as given, or in refusing to charge as requested, be ground for reversal 54 unless it appears probable to the Supreme Court or appellate court that the 55 jury were misled thereby. -^^ 56 Seventh— ^-RROns of law not to be ground for reversal when.] No judg- 57 ment in an action tried by jury shall be reversed for errors of law committed 58 by the court of original jurisdiction after the impanelling of the jury and during 59 the progress of the trial thereof, other than errors committed by the refusal of 60 the court to admit competent evidence, if in the opinion of the Supreme Court 61 or appellate court, the verdict of the jury, notwithstanding such error, was 62 clearly justified by the greater weight of the evidence, if the action is a civil or 63 quasi criminal action, or that the evidence established the guilt of the defendant 64 beyond all reasonable doubt, if the action is a criminal action. v. 65 E^i^/t^fc— Presumption as to integrity and sound judgment of jurors.] 66 In the review of a trial by jury the presumption shall be indulged, in the absence 67 of proof other than their verdict in the record to the contrary, that the jurors 68 were men free of all legal exceptions, of approved integrity, of sound judgment, 1155 69 well informed and who understood the English language, and that their verdict 70 has not been affected by irregularities, or matters, other than the law and the 71 evidence, which ought not to affect the judgment of men of approved integrity, 72 of sound judgment and who are well informed. 73 Ninth— FmmNG of court to be merely advisory— errors of law.] In 74 actions at law tried by the court without a jury the finding of the court shall 75 be advisory merely and shall be given such weight only as may be justified 76 from the opportunity, if any, afforded the trial judge of seeing the witnesses 77 and hearing them testify, and such finding shall in no manner relieve the •78 Supreme Court or the appellate court of the duty of a full and careful consid- 79 eration of the evidence, and the Supreme Court or appellate court shall affirm 80 or reverse the judgment, or modify the same according to their opinion of the 81 right and justice of the case as shown by the evidence, without any regard to 82 such judgment or to errors committed by the trial court during the progress 83 of the trial: Provided, however, that errors committed by the trial court in 84 refusing to admit competent evidence shall be ground for the reversal of the 85 judgment, if it appears probable that the admission of such evidence would 86 ha;ve produced a different result, or, that the evidence rejected was so import- 87 ' ant that the party complaining was seriously prejudiced by the refusal of the 88 court to admit the same. ' 89 Tenth— Fi-NViNG of master and decree to be merely advisory.] The ■90 finding of a master in chancery, or the order or decree of a court of orig- 91 inal jurisdiction, in an action in equity shaH be advisory merely, and shall be 92 given such weight only as may be justified from the opportunity, if any, 93 afforded the master or trial judge of seeing the witnesses and hearing them 94 testify, and no presumption shall be indulged to sustain any decree in an 95 action in equity which appears to the Supreme Court or appellate court to be 96 contrary to the evidence, nor shall such finding, order or decree in any man- 97 ner relieve the Supreme Court or the appellate court of the duty of a full and 98 careful consideration of the evidence. 1156 99 Eleventh— Yaria^^cb.] No order, judgment or decree in any action shall 100 be reversed on account of any variance or supposed variance between the 101 statements of claims, specifications of defenses, pleadings or other papers filed 102 by the respective parties and the evidence, unless it shall appear probable that, 103 by reason of such variance, the party complaining thereof has been prevented 104 from presenting to the court of original jurisdiction additional evidence of ad- 105 vantage to him in the prosecution of his claim or the establishing of his 106 defense, or has been otherwise seriously prejudiced by such variance. 107 Twelfth— Whets eevebsal is foe error as to damages.] Whenever, in any 108 action at law for the recovery of money only, a judgment in favor of either 109 party entered upon the verdict of a jury shall be reversed by the Supreme 110 Court or any appellate court solely on account of errors in the proceedings 111 affecting the amount of damages awarded to such party, it shall be the duty of 112 the Supreme Court or appellate court, as the case may be, to remand the ac- 113 tion to the court of ori,ginal jurisdiction with directions to order a new trial 114 of such action and upon such new trial to submit to the jury no other ques- 115 tion than the amount of damages which the evidence may entitle such party 116 to recover, and in such case it shall be the duty of the trial court to instruct 117 the jury that the liability of the opposite party has been established and that 118 the sole question for the determination of the jury is the amount to be awarded 119 as damages to the party whose judgment has been so reversed. 120 Thirteenth— Wn-EN omission as to proof may be supplied.] Whenever, 121 from an inspection of the authenticated record, it shall appear that an order, 122 judgment or decree of the court of original jurisdiction in any action, whether 123 the same be tried by jury or by the court without a jury, is erroneous solely be- 124 cause of the omission of proof of some material fact or facts, which proof may 125 be made to appear to the court to have been omitted through inadvertence and 126 to be capable of being readily supplied, the Supreme Court or the appellate 127 court, as the case may be, may, in its discretion, permit such proof to be sup- 128 plied in such manner as the court may deem expedient, and, upon proof to the I "; 1157 ' . ■ 129 satisfaction of the court of such material fact or facts, such order, judgment or 130 decree shall be affirmed. 131 Fourteenth— CvmsG defect m pleading, writ, officer's return, etc.] 132 Whenever from an inspection of the authenticated record it shall appear that 133 an order, judgment or decree of the court of original jurisdiction is errone- 134 ous because of some defect in some pleading, summons, writ, affidavit, offi- 135 cer's return or other paper filed, or in some record entry, the Supreme Court 136 or appellate court, as the case may be, shall, if such defect be capable of re- 137 moval by amendment, permit such pleading, summons, writ, affidavit, officer's 138 return or other paper, or record entry, to be amended to conform to the truth, 139 and when such amendment shall be m'ade such defect shall not be ground for 140 the reversal of such order, judgment or decree. 141 Fifteenth— Vowsn of supreme and appellate courts to increase or diminish 142 DAMAGES IN ACTIONS ON CONTRACTS TRIED BY JURY.J Whenever, upon an appeal 143 or writ of error for the review of a judgment of a court of original jurisdiction 144 in an action on a contract, express or implied, tried by jury, other than an ac- 145 tion for a breach of promise of marriage, it shall appear to the appellate court 146 or the supreme court, that such judgment is erroneous only in respect to the 147 amount of damages awarded by the jury, and that the amount of damages which 148 ought to have been awarded by the jury can be ascertained or estimated by the 149 court from the evidence with as much accuracy and certainty as the same could 150 be estimated by a jury, the court shall not reverse the judgment on account of 151 such i error, but shall correct the same by increasing or decreasing the amount 152- thereof to such an extent as the court may deem equitable and just and shall 153 affirm the same as so corrected. 154 Sixteenth— Power of supreme court in ceiminal cases.] Upon any writ 155- of error for the review of a judgment of a court of original jurisdiction in a 156 criminal action, the supreme court shall have power to mitigate the punishment 157 of any defendant as fixed by the judgment of such court of original jurisdiction 158 to such an extent as the court may deem just and right, and the supreme court " ^ ' " 1158 . , : , „ : , 159 shall also have power in any such case, subject to such rules as the court may 160 prescribe therefor, to receive, on behalf of the defendant, additional evidence 161 bearing upon his guilt or innocence, and to render such judgment as such addi- 162 tional evidence, together with the evidence contained in the authenticated rec- 163 ord, may appear to justify: Provided, however, that when additional evidence 164 is introduced on behalf of the defendant, additional evidence may also be offered 165 on behalf of the people ; cmd, provided further, that no judgment so entered by 166 the supreme court shall increase the punishment of the defendant as ftxed in the 167 judgment of the court of original jurisdiction. 168 Seventeenth— y^-KESi joint judgment erroneous only as to portion of de- 169 FENDANTS.] Whcn, upon the review of a joint judgment against several defend- 170 ants, it appears that such judgment is erroneous only as to one or more but not 171 all of the defendants the supreme court or appellate court, as the case may be, 172 shall reverse the judgment only as to the defendant or defendants as to whofia 173 the same is erroneous and shall affirm the same as to the defendant or defend- 174 ants as to whom the same is not erroneous and shall make such order with re- 175 spect to further proceedings in the court of original jurisdiction as may appear 176 to be necessary to the attainment of right and justice. 177 Eighteenth— G'RA.^Ti'NG injunction orders, appointing receivers, or suspend- 178 iNG OR MODIFYING INJUNCTION OR RECEIVERSHIP ORDERS, ETC.] The Supreme court, 179 or appellate court may, in its discretion, pending the final determination of any 180 appeal or writ of error, grant an injunction order or appoint a receiver, or sus- 181 pend or modify an injunction order or receivership order granted by the court 182 of original jurisdiction, or may make any other order which the court of orig- 183 inal jurisdiction might have made and for that purpose may allow the introduc- 184 tion of additional evidence. 185 Nineteenth— MoDivYTSG order, judgment or decree upon facts arising since 186 the entry thereof.] Whenever it shall apjiear to the supreme court, or appel- 187 late court, as the case may be, that facts have arisen since the entry, by the 188 court of original jurisdiction, of the order, judgment or decree sought to be re^ 189 viewed which render it right and just that such order, judgment or decree 190 should be varied, modified or reversed, the court may make such variation or 191 modification of such order, judgment or decree, or may reverse the same, so 192 that riight and justice may be done between the parties and to that end the su- 193 preme court or appellate court, as the case may be, shall have power to permit 194 such facts to be proven in such manner as the court may deem convenient. 195 Tiventieth—Q-E,s^BAjj power of appellate and supreme courts.] The su- 196 preme court and the appellate courts shall have power to adopt all other pro- 197 ceedings in addition to those hereinbefore in this section specified, either by the 198 reception of additional evidence or otherwise, as may appear to be necessary or 199 expedient to the determination of every appeal or writ of error according to the 200 very right and justice of the case as the same may be made to appear to the 201 supreme court or appellate court : Provided, however, that all such proceedings 202 shall be conducted in accordance with such rules as may be prescribed, from 203 time to time, by the supreme court, and, provided further, that in an action tried 204 by jury additional evidence shall be admitted only to the extent provided for in 205 the preceding clauses of this section. Sec. 1867. Certifying questions as to construction op this act, Efrc— 2 form of certificate.] Whenever, during the pendency of any action in any 3 circuit court, the superior court of Cook county, the criminal court of Cook 4 county, or any city court, any question shall arise in respect to the practice or 5 mode of procedure in such action, and the presiding judge of such court shall 6 be in doubt as to the proper decision to make upon such question, such judge, 7 if such question be one of law only, may, in his discretion, certify such question 8 to the supreme court, and it shall thereupon be the duty of the supreme court 9 to determine such question of law with all convenient speed and to cause its 10 decision to be certified to such court of original jurisdiction. Any judge certi- 11 fying any such question to the supreme court shall accompany his certificate 1160 , , . ; 12 by such suggestions and citations of authorities, if any, as the respective 13 parties may request to be transmitted to the supreme court to aid the court in 14 the determination of such question, and shall alow said respective parties such 15 reasonable time as may be necessary to enable them to prepare such sugges- 16 tions and citations of authorities. Such certificate may be in substantially the 17 following form: 18 In the Ciecxjit Coukt op Cook County, Illinois. 20 Richard Roe. ] , V. ^Contract. No. 315. 19 John Doe J , . 21 Cbbtificatb op Question of Pkactice. 22 To the Supreme Court of the State of Illinois : 23 T, John Jones, judge of the circuit court of Cook county, Illinois, do hereby 24 certify that in the above entitled action now pending in said court there has 25 arisen a question respecting the decision of which I am in doubt, which question 26 is as follows: (Here state question). 27 Attached hereto are suggestions and citations of the authorities presented 28 by the respective parties upon said question. 29 Dated Chicago, Illinois, this 17th day of February, 1908. 30 John Jones, Judge. Sec. 1868. Procedure not otherwise provided pob.J In all matters not 2 provided for by this Act the procedure in the supreme court and appellate 3 courts in cases of appeal and writs of error shall be such as may be prescribed 4 by such rules as may be adopted by the supreme court, and, when no provision 5 is made by this act or by such rules, then as nearly in accordance with the 6 methods of procedure heretofore prevailing in this state in such appeals and 7 writs of error as may be consistent with the general spirit and intention of this 8 Act. 1161 DIVISION LXXI. THE FILES, KECORDS AND BECORD ENTRIES OF COURTS OF RECORD. Section 1869. Record defined. 1870. Orders, etc., interlocutory or final — definitions. 1871. What orders, etc., are final. 1872. What orders, etc., are interlocutory. 1873. Record entries and papers constituting part of record. 1874. What constitute pleadings. 1875. Records in tax, special assessment and special proceedings, etc. 1876. Supreme court to prescribe rules as to other proceedings. 1877. Reforming pleadings, etc., in pending aetions. 1878. Parties not to be prejudiced by mis- takes in preparation of authenticated record. 1879. Validity of judgment, etc., in collateral proceeding. 1880. Test of jurisdiction in case of appeal — amendment of record. 1881. Record of appellate court. 1882. Record of suptenie court in case of original jurisdiction. 1883. Record of supreme court upon appeal from or writ of error to appellate court. 1884. Record of supreme court upon ap- peal- from or writ of error to appel- late court. 1885. Record of supreme and appellate courts in other casea; 1886. Supreme court to prescribe rules as to other proceedings. 1887. Federal questions — how preserved- 1888. Actions, etc., to be numbered. 1889. FunctSon of number. 1890. Paper of uniforrn size and quality to be used. 1891. Entitling of papers. 1892. Blanks to be used. 1893. Flat filing system — no writing on back — exception — file mark — margin. 1894. Qerk not to file paper not complying with provisions of act— striking pa- pers from files. Section 1 1895- Filing of papers to be registered. 1896. Files not to be taken from clerk's of- fice- -exception. 1897. Copies of papers served to be true and complete. 1898. Extra copy of record, 1899. Record papers to be kept fastened to- gether. 1900. Copy of register and minute book to be kept with record files or copy thereof, 1 90 1. When orders to be filed with record papers. 1902. Books to be kept by clerks of courts of record in other than irnsanity and pro- bate matters. 1903. Register and minute bookr — size, bind- ing, etc. 1904. Size, form, etc., of other record books. 1905. Kinds of books to be kept by each clerk. 1906. Books for insanity proceedings. 1907. Size, bindih'g, etc., of insanity register and minute book. 1908. Books for probate matters. 1909. How orders, judgments and decrees may be entered. . 1910. What orders, judgments and decrees to be entered in other than insanity and probate matters on record books in full. 1911. What orders, judgments and decrees in probate matters to be entered on record books in full. 1912. What orders and documents not to be entered in full on record books. 1913. Certain memoranda not to be entered. 1914. Presumptions of regularity. 1915. Interlocutory orders of unusual form. 1916. Rules as to orders, etc., entered upon record or written out in full to be as specified in succeeding sections. 1917. Entitling, date, name Of judge, etc. 1918. Interlocutory order, etc., to be confined to stating what is ordered, etc. — ex- ception. 1162 Section 1919. Recitals of evidence hjeard or facts found to be omitted. 1920. When order, etc., presumed warranted by evidence, etc. — preliminary in- junction, etc., order. 1921. When order, etc., presumed based solely on evidence in report, etc. 1922. When order, etc., presumed based solely on master's findings. 1923. What final order in civil action, etc., to contain — introduction — matters ordered, etc. 1924. What final judgment in criminal ac- tion to contain — introduction — sen- tence. 1925. What final judgment in municipal ordi- nance case to contain — introduction — ^imposition of fine. 1926. Order, etc., in civil, etc., action not to contain order for execution, etc. — how judgments, etc., enforced. 1927. Sentence in criminal action not to con- tain order for process — how judg- ment enforced. 1928. Judgment in municipal ordinance case ^ot to contain order for process — how judgment enforced. 1929. Officer receiving body of defendant to execute receipt — forms. 1930. Receipt to be filed with clerk of court. 1931. Forms of judgment and certificates. 1932. Presumptions in case of sentence to workhouse or house of correction. 1933. Presence of party need not be shown by record. Section 1934. Entry of filing or approval of bond — effect of entry in case of loss or de- struction of bond. 1935. Abbreviations. 1936. Illustrations of abbreviations of mis- cellaneous matters. 1937. Forms of verdicts in civil, etc., actions with abbreviations. 1938. Forms of judgments in civil actions at law. 1939. Forms of judgments in municipal or- dinance actions. 1940. Forms of judgments in criminal ac- tions. 1941. Forms of decrees in actions in equity. 1942. Form of register and minute book with illustrations of manner of making en- tries therein.- 1943. Form of probate register and minute book with illustration of manner of making entries therein. 1944. Forms of estate claim register and claimants' claim register with illus- trations of manner of making en-, tries therein. 1945. Form of insanity register and minute book with illustration of manner of making entries therein. 1946. Variance from prescribed forms — validity of entry. 1947. Provisions as to forms or orders, etc., to be strictly enforced — employment of expert. 1948. Transcript for use without this state. 1949. Provisions as t(j files and records to be subject to alteration. Sec. 1869. Eecord defined.] The record of a court of record in any action 2 or proceeding shall consist of all of the orders, judgments and decrees entered 3 therein, and of such of the papers filed therein, including opinions in writing 4 filed by the supreme court or an appellate court, as are to be considered, upon 5 appeal or writ of error, in determining the validity and regularity of such 6 orders, judgments and decrees. Sec. 1870. Orders, etc., interlocutory or final — definitions.] Orders, 2 judgments and decrees may be either interlocutory or final. A final order, 1163 '] : ; 3 judgment or decree is one wMch finally determines the rights of the parties 4 with respect to the matter therein adjudicated and which the parties are 5 entitled to have carried into execution or otherwise given force - and effect. 6 An interlocutory order, judgment or decree is one which is not final. Sec. 1871. What orders, etc., are final.] The following orders, judg- 2 ments and decrees are final in their nature: 3 First — Order, etc., for money or property enforcible by execution, etc. 4 — exception.] Any order, judgment or decree for the recovery or payment 5 or delivery of money or other property, one for the delivery of money or 6 other property by a party to the action to a receiver appointed by the court 7 to hold the same subject to the further disposition of the court excepted, and 8 which the party in whose favor the same is rendered is entitled to have 9 enforced by execution, attafhment or other appropriate proceeding to com- 10 ' pel the payment or the delivery of possession thereof. 11 Second-^OuDEB,, etc., for performance of act, etc.] Any order, judg- 12 ment or decree requiring the performance by a party to the action of some 13 Act, other than one excepted by the preceding clause, for the benefit of an- 14 other party to the action and which the latter is entitled to have enforced 15 by some appropriate proceeding for the enforcement thereof, and finally de- 16 termining such party's right to the performance thereof. 17 Third — Order, etc., for sale of property, etc.] Any order, judgment or 18 decree directing the sale of real or personal property which forms, in whole or 19 in part, the subject-matter of the action or which comes under the control of 20 the court by reason thereof. 21 Fourth — Order, etc., finallly disposing of property, etc.] Any order, 22 judgment or decree, which, unless set aside or reversed, finally disposes of real 23 or personal property, or of some interest therein, or of the proceeds thereof, 24 which comes under the control of the court by reason of the action. 25 Fifth — Decree declaring rights, duties or liabilities, etc.] A decree de- 26 daring the rights, duties or liabilities of any one or more of the parties to the i ' ' ' 1164 ,. r '' ■ 27 action with respect to any other party or parties thereto in any matter in which 28 they, or any or either of them, are, or claim to be interested, when no substan- 29 tive relief is sought with respect to the rights, duties or liabilities thus declared. 30 Sixth — Sentence of death, imprisonment, fine, acquittal ob discharge 31 IN criminal action.] Any order or judgment in a criminal action sentencing a 32 defendant to death or imprisonment, or requiring him to pay a fine or costs, or 33 any order acquitting the defendant or finally discharging him from custody. 34 Seventh — Order, etc., finally determining bights of parties.] Any other 35 order, judgment or decree, which, unless set aside or reversed, finally deter- 36 mines the rights of the parties with respect to the subject-matter of the action, 37 or any part thereof. 38 Eighth — Order, etc., heretofore held final.] Any order, judgment or 39 decree not included within the foregoing which has heretofore, by the courts 40 of this State, been treated as a final order, judgment or decree. Sec. 1872. What orders, etc., are interlocutory.] The following orders, 2 judgments and decrees are interlocutory in their nature : 3 F*rs^— Order appointing RECErrBR, etc.] An order appointing, or refusing 4 to appoint a receiver pendente lite, or vacating or refusing to vacate an order 5 appointing a receiver, or modifying or changing or refusing to modify 6 or change an order previously granted, for the appointment of a receiver. 7 Second^ORB^m/ fob delivery op property to receiver.] An order requir- 8 ing- the delivery of real or personal property by any party to an action to- a 9 receiver appointed therein pendente lite. 10 Third— Onjy^n granting or refusing new trial.] An order panting or 11, refusing a new trial in any action. 12 Fot^r^/i— Decree FOB accounting.] A decree for an accounting in an 13 ad;ion in equity. 14 Fi/^/i— Declaratory degree in partition.] A decree declaratory of the 15 rights of the parties in an action in equity for the partition of real estate or 16 the assignment of dower. .165 17 Sixth— In jvNGTiOT>i oedek.] Ah order granting' or refusing to grant an in- 18 junction, or dissolving or refusing to dissolve an injunction previously 19 granted, or modifying or changing, or refusing to modify or change an injunc- 20 tion order previously granted. 21 Seventh— GBiyER ok dbmurrbb ok exceptions.] An order sustaining or 22 overruling a demurrer, or exceptions to any pleadin.g 23 Eighth— OnB^B. as to master's repoet.] An order approving or: disapprov- 24 ing, in whole or in part, a report of a master in chancery of his findings upon 25 a reference. 26 iV^w^^t— Postponement of trial.] An order postponing the trial or hear- 27 ing of an action. 28 Tenth-'BviM to show cause.] An order ruling any party to show cause 29 against the entry of a subsequent order. 30 Eleventh— 'SiixoM to file bond, etc.] An order ruling a party to file a bond 31 or other security. 32 Twelfth — Order, etc., 'HBfl&ETOFOEE held iNTHRLocxJTORy.J .Any order, judg- 33 ment or decree not included within the foregoing which has heretofore, by the 34 courts of this State, been treated as an interlocutory ordw, judpaaent ' or 35 decree, and which is not a final order, judgment or decree within the meaning 36 of the preceding section. Sec. 1873. Record entries and papers constituting part of record.] The 2 following record entries made and papers filed in any action or proceeding com- 3 raenoed after the taking effiect of this act shall constitute a part of the recojrd 4 thereof for the purposes of an appeal or writ of error : 5 First — Entries in register and minute book.] Every entry in , 'the register 6 and minute book. 7 Second — Drafts of orders, judgments and decrees.] Every draft of an 8 order, judgment or decree signed by a judge. 9 Third — Orders, judgments and decrees spread at large.] Every order, 10 judgment or decree which has been spread at large upon the record. 1166 11 Fourth — Amendments.] Every amendment filed by leave of court of any 12 paper which, by any provision of this act, is declared to constitute a part of the 13 record. 14 Fifth — Eepoets of proceedings, j Every report of the proceedings settled 15 and signed by a judge. 16 Sixth — Master's reports.] Every report of a master in chancery with the 17 evidence, if any, accompanying the same. 18 Seventh — Reports and inventories of receiver, administrator, etc.] Every 19 report or inventory of a receiver, administrator, guardian or conservator. 20 Eighth— P-L^ADisas.] Every paper constituting a pleading, or part thereof, 21 as defined in the succeeding section. 22 Ninth — Summons, writ, return, notice, publisher's, certificate, etc.] 23 Every summons, citation or other writ for the appearance of a party, and the 25 proofs of service thereof, including proof of service of copies of papers served 26 therewith, or, in case of notice by publication, every copy of the notice with the 27 certificate of the publisher of the publication thereof, the certificate, if any, of 28 the clerk of the mailing thereof, and the affidavit authorizing such notice by 29 publication. 30 ' Tenth — Authenticated records.] Every authenticated record of the pro- 31 ceedings before a justice of the peace, together with the papers transmitted 32 by him to the court appealed to, or from which a writ of certiorari is prosecuted, 33 in case of an appeal from or writ of certiorari to such justice of the peace, and 34 every authenticated record of the proceedings before the probate court or county 35 court upon an appeal from an order of such court allowing or disallowing a will 36 to probate. 37 Eleventh — Recognizances and bonds.] Every recognizance and bond. 38 Twelfth — Interrogatories and answers and affidavits.] All interrogatories 39 filed to be answered by an adverse party or person for whose immediate benefit 1167 40 the action is prosecuted or defended, or by the officers, superintendents or 41 managing agents of any corporation, which is a party to the record, or by any 42 garnishee ; all answers to such interrogatories with the affidavits verifying the 43 same, and all affidavits in support of the right to file such interrogatories. 44 Thirteenth — Statements of pacts and kbplys.J Every statement of facts 45 expected to be proven, and every reply to a statement of facts expected to be 46 proven. 47 Fourteenth — Executions, etc.] Every execution, writ of retorno habendo, 48 writ of restitution or other writ for the enforcement of any order, judgment or 49 decree, and every return thereon, and every other paper provided for by this 50 act pertaining to the enforcement of any order or decree. 51 Fifteenth — Paper repeered to in report of proceedings.] Every paper on 52 file in the action and which is referred to in any report of the proceedings 53 settled and signed by a judge and filed therein. 54 Sixteenth — Motions and affidavits.] Every motion and every affidavit ac- 55 companying the same. 56 Seventeenth — Opinion of court.] Every opinion in writing filed by the su- 57 preme court or any appellate court. 58 Eightenth — Other papers.] All other papers which the supreme court may, 59 by rule, direct to be considered as a part of the record. Sec. 1874. What constitute pleadings.] The term "pleadings" as used 2 in the preceding .section shall include the following papers : 3 First — ^Praecipe.] Every praecipe. ■ 4 Second — Statement of claim.] Every statement of claim or counterclaim, 5 or claim against an estate. 6 Third — Intevener's claim or petition.] Every statement of intervener's 7 claim or intervener's petition. 8 Fourth — Copy of distress warrant, etc.] Every copy of a distress war- 9 rant and inventory. 1168 10 Fifth — ArriDAViT in attachment, etc.] Every affidavit in attachment, at- 11 tachment in aid, attachment of water craft, or for the issuance of a capias ad 12 respondendum, or in replevin. 13 Siscth — Affidavit of claim, etc.] Every affidavit of claim, affidavit of 14 merits, affidavit denying execution of an instrument or joint liability, affidavit 15 verifying any pleading, affidavit denying grounds of attachment, affidavit of 16 facts in support of motion in abatement, or affidavit denying facts set forth in 17 any pleading. 18 /9evewi/j— ^Appearance.] Every appearance. 19 Eighth — Specification of defense.] Every specification of defense or de- 20 fenses. 21 Ninth — Equity.] Every bill of every kind, exception, demurrer, plea or 22 answer, in an action in equity. 23 Tenth — Mandamus.] Every petition, exception, demurrer, or answer in an 24 action of mandamus. 25 Eleventh — Quo warranto.] Every petition, information, demurrer, plea, 26 replication or rejoinder in quo warranto. 27 Twelfth — Certiorari.] Every petition,. or answer in an action of certiorari. 28. Thirteenth — Bastardy.]' Every complaint in an action of bastardy. 29 Fourteenth — Hajbeas corpus.] Every petition and every return upon the 30 writ in an action of habeas corpus. 31 Fifteenth — Eminent domain.] Every petition or answer in an action of 32 eminent domain. 33 Sixteenth" — G-arnishment.] Every petition in garnishment. 34 Seventeenth— Ghasge of venue.] Every petition, for a change of venue 35 and every affidavit accompanying the same. 36 Eighteenth — Contempt.] Every motion for a rule to show cause with the 37 affidavit or complaint accompanying the same in an action of contempt or crim- 38 inal action for the punishment of a criminal contempt and every counter-affi- 39 davit of the defendant. 1169 40 Nineteenth — Quasi ceimifal, complaint.] Every complaint in a quasi- 41 criminal action for the recovery of a fine or penalty for the violation of an 42 ordinance of a municipal corporation. 43 "Twentieth — Criminal..]' Every complaint, information or indictment in a 44 criminal action. 45 Tiventy -first — Supplementary proceedings.] Every petition in a supple- 46 mentary proceeding and every affidavit filed by any defendant in answer thereto. 47 Twentij-second — Other petitions and answers.] Every other petition filed 48 in any action and every answer thereto. 49 Twenty-third — Other papers.] All other papers which the supreme court 50 may, by rule, direct to be considered as pleadings. i_ Sec. 1875. Records in tax, special assessment and special proceedings, etc.] 2 The records of courts of record of original jurisdiction of all tax, special assess- 3 ment and special proceedings, and the records of such courts, of all actions and 4 proceedings heretofore determined, and of all actions and proceedings pending 5 at the time of the taking effect of this act, shall, until otherwise provided as 6 specified in the suceeding section, consist of the papers and record entries which 7 by the laws in force at the time of the taking effect of this act, constitute the 8 records thereof. Sec. 1876. Supreme court to prescribe rules as to other proceedings.] It 2 shall be the duty of the Supreme Court, as soon after the taking effect of this 3 Act as may be practicable, to prescribe by rule what papers and record entries 4 shall constitute the record in all actions and proceedings referred to in the pre- 5 ceding section and the manner of making up and certifying the authenticated 6 records in such cases for the purposes of appeals and writs of error, and the 7 Supreme Court may also, by general rule, for the purpose of appeals and writs 8 of error, provide for the incorporation in the authenticated record, in any action 9' or proceeding hereinbefore specially provided for, any other paper or record 1170 10 entry which, in the opinion of the court, ought to constitute a part of the record 11 of such action or proceeding. The rules provided for in this section may be 12 prescribed by the judges of the supreme court either in term time or in va- 33 cation. • Sec. 1877. EEii-oRMiNG pleadings, etc., in pending actions.] In any action 2 at law, a criminal action or a quasi criminal action commenced by warrant ex- 3 cepted, or in any action in equity, which action at law or in equity may be 4 pending at the time of the taking effect of this Act, the court in. which such action 5 is pending may, at the request of either party, or of its own motion, cause the 6 pleadings and other papers filed therein and the record entries made therein to 7 be reformed so as to comply, as near as may be, with the provisions of this 8 Act, and thereupon such action shall be prosecuted, and all subsequent proceed- 9 ings therein, including an appeal or writ of error, shall be conducted, as if the 10 same had been commenced and prosecuted subsequent to the taking effect of 11 this Act, but in such case the time elapsing between the commencement of such 12 action and such reformation of the pleadings and other papers and record en- 13 tries, shall not be counted as a part of the time provided by law for the limita- 14 tion of the action. Sec. 1878. Parties not to be prejudiced by mistakes in PREPAEATioisr op 2 AUTHENTICATED RECORD.] Whenever, upon the prosecution of any appeal or writ 3 of error after the taking effect of this Act, it shall appear that the authenticat- 4 ed record has been improperly prepared, or is so defective that the appellate 5 court, or supreme court, as the case may be, cannot determine therefrom the 6 right and justice of the case, it shall be the duty of the appellate court, or su- 7 preme court, as the case may be,, before finally determining the appeal or writ 8 of error, to make such order in the action as may be necessary to enable the 9 parties to procure the filing in such court of a proper authenticated record and, 10 in case such proper authenticated record shall be procured and filed as afore- 11 said, to determine therefrom the merits of such appeal or writ of error. 1171 Sec. 1879. Validity of. judgments, etc., in collateeal peocebding.] Every 2 final order, judgment or decree, when the same appears upon its face to be one 3 within the power of the court to enter, shall, in any collateral proceeding, be 4 deemed valid and binding unless the invalidity thereof shall affirmatively ap- 5- pear from the record. In determining the validity of any such final order, 6 judgment or decree in a collateral proceeding, the jurisdiction of the court over 7 the persons of the parties thereto shall be presumed unless the contrary shall 8 affirmatively appear from the, record, and when, in any collateral proceeding, 9 any such final order, judgment or .decree shall recite the jurisdiction of the 10 court over any party thereto, such recital shall not be held overcome by any 11 defect in the return of any officer or other proof of service of the summons 12 or writ, or in any paper pertaining to any notice by publication. Sec. 1880. Test op jueisdiction in case oe appeal— amendment oe eecoed.] 2 In case of the prosecution of ah appeal or a writ of error, in any action or 3 proceeding commenced after the taking effect of this Act, to reverse an order, 4 judgment or decree entered against a party who has not entered his appear- 5 ance in the action or otherwise submitted himself to the jurisdiction of the 6 court, no presumption shall be indulged in favor of the jurisdiction of the court 7 over the person of such party, but the judgment may be reversed upon such 8 appeal or writ of error unless such jurisdiction shall be made affirmatively to 9 appear from the proof of the service of the stimmons or writ or the publication 10 of the notice in the record: Provided, however, that upon the prosecution of any 11 such appeal or writ of error the court to which such appeal or from which such 12 writ of error is prosecuted shall, if such jurisdiction does not so affirmatively 13 appear, permit proof to be made of the proper service of summons or proper 14 publication of notice, and, upon such proof being made to the satisfaction of 15 the court, the court shall cause the' record to be amended, and thereupon such 16 order, judgment or decree shall not be reversed on account of any defect in 17 the record of the court from which the appeal or to which the writ of error is 1172 18 prosecuted in respect to the proof of the proper service of the summons or the 19 proper publication of the notice. Sec. 1881. Eecord of appellate court.] The record of an appellate 2 court in an action commenced, or the papers and record entries in which have 3 been reformed as hereinbefore provided, after the taking effect of this Act and 4 removed by appeal or writ of error into such appellate court for review shall 5 consist of the authenticated record of the inferior court, the final judgment of 6 the appellate court and the opinion, if any, of the appellate court, together with 7 a report of the proceedings of the appellate court, when the same is necessary 8 to bring before the supreme court for review any order of the appellate court 9 based upon matters not appearing in the authenticated record of the inferior 10 court, which report may be signed by any one of the judges of the appellate 11 court. Sec. 1882. Record of supreme court in case of original jurisdiction.] 2 The record of the supreme court in an action within its original jurisdiction 3 commenced therein after the taking effect of this Act shall be the same, as near 4 as may be, as the record of a like case in a circuit court. Sec. 1883. Record of supreme court upon appeal from or error to court 2 OF original jurisdiction.] The record of the supreme court in an action com- 3 menced, or the papers and record entries in which have been reformed as here- 4 inbefore provided, after the taking effect of this Act and removed by appeal or 5 writ of error into the supreme court from a court of original jurisdiction for 6 review, shall be the same, as near as may be, as the record of a like case in 7 an appellate court. Sec. 1884. Record of supreme court upon appeal from or writ of error 2 to appellate court.] The record of the supreme court, in an action com- 3 menced, or the papers and record entries in which have been reformed as here- 4 inbefore provided, after the taking effect of this Act and removed by appeal 1173 5 or writ of error into the supreme court from an appellate court for review, 6 shall consist of the authenticated record of the court of ori^nal jurisdiction 7 and the authenticated record of the appellate court in such action, which authen- 8 ticated record of the appellate court shall consist of the final judgment and 9 the opinion, if any, of the appellate court, together with the report, if any, of 10 the proceedings signed by one of the judges of the appellate court. Sec. 1885. Records op supreme and appellate courts in other cases.] The 2 records of the supreme court and the appellate courts of all actions and pro- 3 ceedings heretofore determined, and of all actions and proceedings pending 4 therein at the time of the taking- effect of this Act, shall, until otherwise pro- 5 vided as specified in the succeeding section, consist of the papers and record 6 entries which, by the laws in force at the time of the taking effect of this Act, 7 constitute the records thereof. See. 1886. Supreme court to prescribe rules as to other proceedings.] It 2 shall be the duty of the supreme court, as soon after the taking effect of this 3 Act as may be practicable, to prescribe by rule what papers and record entries 4 shall constitute the records of the supreme court and of the appellate courts 5 in all actions and proceedings referred to in the preceding section and the man- 6 ner of making up and certifying the authenticated records in such cases. The 7 rule provided for in this section may be prescribed by the judges of the su- 8 preme court either in term time or in vacation. Sec. 1887. Federal questions — how preserved.] When a final order, judg- 2 ment or decree of the supreme court of this State in any action is the result, 3 in whole or in part, of a decision with respect to which any party to the action 4 is entitled to a review by means of a writ of error from the supreme court of 5 the United States, it shall be the duty of the chief justice of the supreme court 6 of this State, or some other judge of the court thereto duly authorized by the 7 court, upon application therefor at any time within one year after the entry 8 of such final order, judgment or decree, to make and sign a certificate setting 1.174 9 forth the decision so made and such certificate shall thereupon be filed with 10 the clerk of the supreme court and shall constitute a part of the record of the 11 supreme court in such action. Sec. 1888. Actions, etc., to be numbebed.] Every action or proceeding 2 hereafter commenced in a court of record of original jurisdiction shall be given 3 a record number, which record number shall not be changed excepting as here- 4 inafter provided, and no two actions or proceedings in the same court shall 5 ever be given the same number. The record numbers of actions shall extend 6 from one (1) to one million (1,000,000). In addition to the record number of 7 an action or proceeding, it may be given a calendar number upon any written 8 or printed calendar prepared for the convenience of the court and the oflftcers 9 thereof, but such calendar number shall not be entered in any manner upon 10 the record. Sec. 1889. Function of number.] The record number of an action or 2 proceeding shall not serve the purpose of indicating the order of its com- 3 mencement, but shall, together with the classification of the action or proceed- 4 ing and the title thereof, serve to identify it, and the files and record entries 5 thereof. Sec. 1890. Paper op uniform size and quality to be used.] There shall 2 be used in all the courts of record in this State in the preparation of all 3 praecipes and statements of claims, appearances and specifications of defenses, 4 pleadings, summonses, writs, bonds, affidavits, depositions taken within this 5 State, certificates of administration, guardianship or conservatorship, masters' 6 reports, administrators', guardians', and conservators' reports, and all other 7 papers (excepting printed records, briefs, arguments, petitions for rehearing, 8 and depositions taken without this State), which may be filed in any action or 9 proceeding, paper of a uniform size and quality to be prescribed, from time 10 to time, by the supreme court. Until otherwise prescribed by the supreme 1175 11 court said paper shall be of the kind known as linen paper and shall be of 12 good quality, suitable for use in typewriting machines and the making of car- 13 bon copies, and shall he thirteen and one-half (ISi/a) inches in length and 14 eight and one-half (81/2) inches in width, with three (3) perforations suitable 15 for the fastening together of all papers filed in each action or proceeding, each 16 of said perforations to be one-fourth (14) of an inch in diameter and one to 17 be in the center five-eighths (%) of an inch from the top of the page and one 18 at each side thereof five-eighths (%) of an inch from the top of the page and 19 one and one-half (II/2) inches from the side thereof. But the provisions of this 20 section- shall not, until otherwise prescribed by the supreme court, be deemed 21 to be applicable to tax proceedings, or to special proceedings the procedure in 22 which is not expressly provided for by this Act. Sec. 1891. Entitling op papers.] Every paper filed by either party, and 2 every summons. or writ or other paper issued by the clerk, and every bond 3 executed or recognizance entered into, in any action shall specify the court in 4 which the action is pending and the title, classification and number thereof. In 5 the praecipe or other paper filed by the plaintiff for the purpose of commenc- 6 ing his action the title shall contain the names of all the parties, both plaint- 7 iff and defendant. In every paper filed by either party, and in every summons,. 8 writ or other paper issued hj the clerk and in every bond executed or recog- 9 nizance entered into, subsequent to the commencement of the action, when there 10 is more than one plaintiff, or more than one defendant, the title shall contain 11 only the names of the first party plaintiff and of the first party defendant with '12 the usual indication by the letters "et al." that there are additional parties to 13 the action. At the time of the commencement of the action the clerk shall 14f enter upon the register and minute book, hereinafter provided for, the names lf> ^►f all the parties thereto and when any amendment making additional parties, 16 or any intervener's claim, bill of intervention, interveniiig petition, supple- 17 mental bill of complaint or cfoss-bill of complaint is filed in any action, the 1176 18 clerk shall enter, or otherwise appropriately indicate, the names of all of the 19 additional parties made by such amendment, or the parties to such intervener's 20 claim, bill of intervention, intervening petition, supplemental bill of complaint 21 or cross-bill of complaint, as the case may be, upon the register and minute 22 book: Provided, however, that when the names of the parties to any action as 23 commenced, or the names of the additional parties made such by subsequent 24 amendment, or the names of the parties to such intervener's claim, bill of in- 25 tervention, intervening petition, supplemental bill of complaint or cross-bill of 26 complaint, as the case may be, are so numerous that they cannot all be con- 27 veniently entered upon the register and minute book, it shall not be necessary 28 for the clerk to enter upon the register and minute book more of said names 29 than may appear to be practicable and sufficient to clearly identify the action, 30 and in such case the clerk shall enter upon the register and minute book a 31 memorandum indicating the paper in which the names of all of the parties are 32 set forth. Sec. 1892. Blanks to be tjsed.j It shall be the duty of each court to re- 2 quire in the transaction of the business of the court, so far as may appear to 3 be practicable, the use of the printed blank forms distributed by the clerk free 4 of charge as hereinbefore provided. Sec. 1893. Flat piling system — no writing on back — exception — pile 2 mark — margin.] When any paper is filed with the clerk it shall under no cir- 3 cumstances be folded, but the system known as the "flat filing; system" shall be 4 used in all courts of record in all actions and proceedings commenced after the 5 taking effect of this Act. No paper filed shall contain any endorsement on the 6 back thereof, but every endorsement authorized or required by this Act to be 7 made upon any paper shall be made upon the face thereof: Provided, however, 8 that an officer's return, or an affidavit of service, of a summons or writ mav be 1177 9 written upon the back thereof when the space upon the front thereof is insuffi- 10 cient for that purpose. The certificate of the clerk of the filing of each paper 11 shall in all cases be upon the face thereof. All papers filed and all blank 12 forms used in the business of any court of record shall have a margin of at least 13 two inches in width on the left hand side thereof upon which there shall be no 14 other written or printed matter than the clerk's certificate of filing and such 15 other memoranda as may be required by the rules of the court. Sec. 1894. Clerk not to file paper not complying with provisions oe act 2 —striking papers prom piles.] The clerk of every court of record shall enforce 3 strict compliance by parties to actions, or their attorneys, with the require- 4 ments of the five next preceding sections, and shall not receive for filing any 5 paper not in compliance therewith. Any person feeling himself aggrieved by 6 the refusal of the clerk to receive for filing any paper offered for such filing 7 may apply to the court for relief therefrom, and the court shall make such 8 verbal order in the premises as the court may deem proper. Any paper 'filed 9 which does not comply with the provisions of said section may be ordered 10 stricken from the files on motion of any party to the action or by the court of 11 its own motion. Sec. 1895. Filing op papers to be registered.] When any paper is filed 2 in any action or proceeding a memorandum thereof, descriptive of the charac- 3 ter of the paper, with the date of the filing of the same, shall be entered in the 4 register and minute book hereinafter provided for. Sec. 1896. Files -not to be taken from clerk's office— exception.] No 2 paper filed in any action or proceeding in any court of record shall be taken 3 from the clerk's office excepting to be taken in charge of the clerk or some 4 deputy clerk to some court room, or to be delivered to some master in chan- 5 eery, and, in such case, if the paper be taken to a court room, the clerk or deputy 6 clerk shall retain the custody or control of the same, or place the same under 1.1^8 7 the control of some other officer of the court, to be returned to its proper place 8 in the clerk's office when the same is no longer needed in such court room, and, 9 if the paper be delivered to a master in chancery, it shall be returned by him 10 to the clerk's office, when the same is no lon,ger needed in his office: Provided, 11 however, that upon the bringing of any action, on a penal bond filed in any 12 action, the same may be removed from the. files for the purpose of being used 13 in the action so brought, but in such case the clerk shall substitute therefor in 14 the files of the action a certified copy thereof. Any person who shall remove any 15 paper from the clerk's office, or permit the same to be so removed, in violation of 16 this section, shall be deemed guilty of a criminal contempt of court and shall be 17 punished therefor accordingly. Sec. 1897. Copies of papers served to be true and complete.] Every copy 2 of a paper served by any patty to an action upon any other party thereto shall 3 be true and complete, including all names signed thereto, and shall contain tlie 4 same specifications in this act required with respect to a paper filed, and no party 5 shall be compelled to accept service of, nor shall any costs be taxed for serving 6 any paper not a true and complete copy, as aforesaid, and not containing such 7 specifications. Sec. 1898. Extra copy of record.] Any court of record, or the superin- 2 tending judge thereof, may, by rule or order, require the parties to actions to 3 file with the clerk of the court, at the time of the filing of any original paper 4 in such action, a copy thereof and may also require the officer or other person 5 returning any writ or other paper in any action to return therewith a copy 6 thereof and of the returns or other endorsements thereon. The copies so re- 7 quired to be filed shall be kept by the clerk for the use of the court and its 8 officers and for the inspection of the parties to actions and other persons in 9 such manner as may be directed by such court or judge, and the same shall be 10 securely fastened together in the same manner as is provided in the succeeding 11 section with respect to the original papers. 1179 Sec. 1899. Record papers to be kept fastened together.] The papers filed 2 from time to time in any action or proceeding shall be securely fastened to- 3 gether as received by the clerk in the order in which they are so received: 4 Provided, however, that when the papers in any action are numerous or 5 voluminous they may be divided by the clerk into convenient packages. Every 6 . package of such papers shall be provided with a suitable cover on which shall be 7 stated the name of the court in which the action or proceeding is pending and 8 the title, classification and number thereof. Sec. 1900. Copy of register and minute book to be kept with record 2 PILES OR copy thereof.] The clerk of each court of record of original jurisdic- 3 tion shall keep as a part of and fastened together with the files in any action 4 which, by the terms of this Act, are parts of the record thereof, a correct 5 transcript of the entries upon the register and minute hook: Provided, however, 6 that, when the parties to actions are .required to file copies of papers as above 7 provided for, such copy of the entries upon the register and minute book need 8 only be kept with such copies of papers so filed. Sec. 1901. When orders to be filed with record papers.] Whenever, in 2 accordance with the terms of this Act, any order entered in any action, other 3 than one entered at large in a record book, is required to be written out in full 4 and signed by the presiding judge, the same shall be filed and kept by the clerk 5 with the papers filed as aforesaid and constituting a part of the record, and 6 there shall also be filed and kept by the clerk with such papers the original draft, 7 if any, signed by the judge, of any order, judgment or decree which, by the 8 terms of this Act, is required to be entered in full upon the special order book 9 hereinafter provided for. Sec. 1902. ~ Books to be kept by courts of record in other than insanity 2 AND probate matters.] The clerks of courts of record, for the purpose of re- 3 cording and preserving the proceedings of their respective courts in other than 1180 4 insanity proceedings and probate matters, shall keep such of the following 5 books as shall be hereinafter directed to be kept by each of them, respectively : 6 First — Register and minute book.] A book to be known as Register and 7 Minute Book for the docketing of actions and proceedings and the entry in 8 abbreviated forms, of minutes of papers filed, writs issued and orders entered 9 in each action or proceeding brought in the court, such minutes to be entered I'O in chronological order, and to consist of the names of all of the parties and of 11 their respective attorneys, the number and classification of the action or pro- 12 ceeding, the name of each paper filed or writ issued and the date of such filing 13 or issuing, each order entered and the date when entered, and, if entered by a 14 single judge, the name of the judge by whom entered, and, if the same be of 15 such nature as to be required to be written out in full, the book and page of the 16 Special Order Book hereinafter referred to where the same may be found, if 17 the same be entered in such Speciatj Order Book, or, if the same be not entered 18 in such Special Order Book, a memorandum indicating that the draft of the 19 same is on file with the papers in the action; and for the entry of such other 20 memoranda as the clerk may deem necessary for the information of the officers 21 of the court and the parties to or persons interested in the action, or as may be 22 required by the court. Whenever the number of actions and proceedings 23 brought in any court is such as, in the opinion of the court or of the superintend- 24 ing judge thereof, to render it expedient, in lieu of the Register and Minute 25 Book to be used for every action and special proceeding, the clerk may keep for 26 the same purpose the following, or such of them as the court may deem neces- 27 sary : 28 n. A Law Register and Minute Book, for actions at law, other than crimi- 29 nal actions and quasi criminal actions commenced by warrant. 30 b. A Criminal Register and Minute Book, for criminal actions, peace 31 proceedings, examination proceedings and search warrant proceedings. 32 c. A Quasi Criminal Register and Minute Book, for quasi criminal ac- 33 tions commenced by warrant. 1181 34 d. An Equity Eegister and Minute Book, for actions in equity. 35, e. A Special Peoceeding Eegister and Minute Book, for special proceed- 36 ings. 37 /. A Supplementary- Proceeding Eegister and Minute Book, for supple- 38 mentary proceedings. 39 Second — General order book.] A book to be known as General Order 40 Book, in which book there shall be entered all orders of the court of a general 41 nature not entered in any specified action or special proceeding. 42 Third — Sipecial order book.] A book to be known as Special Order Book, 43 for the entry of such ord&rs, judgments and decrees, in actions at law, actions 44 in equity and other proceedings, as may be required to be entered therein in full. 45 Whenever the number of eases brought in any court is such as, in the opinion 46 of the court, or of the superintending judge thereof, to render it expedient, in 47 lieu of the Special Order Book to be used for every action and proceeding, the 48 clerk may keep for the same purpose the following, or such of them as the 49 court may deem necessary, each of which shall be included within the meaning 50 of the words Special Order Book wherever the same may be used in this Act, 51 unless the contrary shall appear from the context: 52 a. A Law Order Book, for actions at law, other than criminal actions and 53 quasi criminal actions commenced by warrant. 54 h. A Criminal Order Book, for criminal actions, peace proceedings, ex- 55 amination proceedings, and search warrant proceedings. 56 c. A Quasi Criminal Order Book, for quasi criminal actions commenced 57 by warrant. 58 d. An Equity Order Book, for actions in equity. 59 e. A Special Proceeding Order Book, for special proceedings. 60 /. A Money Judgment Book, for money judgments in actions at law, other 61 than attachment actions, attachment of water craft actions, •&,nd actions the 62 judgments in which are unusual in form. 1182 63 g. An Attachment Judgment BooK,for money judgments in attachment 64 actions and attaclmient of water craft actions. 65 h. A Replevin Judgment Book, for judgments in actions of replevin. 66 i. A FoKciBLB Detainee Judgment Book., for judgments in actions of for- 67 cible detainer. 68 ;;'. A Criminal Judgment Book, for judgments in criminal actions. 69 li. A Quasi Criminal Judgment Book, for judgments in quasi criminal ac- 70 tions commenced by warrant. 71 I. A Recognizance Judgment Book, for the entry of final judgments on 72 recognizances in criminal and quasi criminal actions. 73 m. A Foreclosure Decree Book, for decrees in actions to foreclose mort- 74 gages or other liens. 75 n. A^ Partition Decree Book, for decrees in actions to partition real es- 76 tate. 77 0. A Divorce Decree Book, for decrees in actions of divorce. 78 p. A Separate Maintenance Book, for decrees in actions for separate 79 maintenance. 80 q. A Miscellaneous Decree Book, for decrees in actions not included 81 within those for which a special decree book is kept. 82 r. A Supplementary Proceeding Order Book, for orders arid decrees in 83 supplementary proceedings. 84 Fourth — Judgment and execution docket.] A book to be known as Judg- 85 ment and Execution Docket, in which every final order, judgment or decree for 86 the payment of money when the amount required thereby to be paid, exclusive 87 of interest and costs, exceeds twenty-five dollars ($25) and when the same re- 88 mains unsatisfied for the period of twenty (20) days after the entry thereof, shall 89 be minuted at the expiration of twenty (20) days after the entry thereof in its 90 alphabeticalv order by the name of every person against whom the judgment or 91 order is entered, showing, in the proper column ruled for that purpose, the 1183 92 names of the parties, the date, nature of the judgment or order, the amount of 93 damages and costs, in separate items, for which the execution is issued, to 94 whom such execution is issued, when the same is returned and the manner of its 95 execution, and a blank column shall be kept in which may be entered a note of 96 the satisfaction or other disposition of the judgment or order, and when, if at 97 all, satisfied by execution or otherwise, or set aside or enjoined, and the clerk 98 shall enter a minute thereof in such column showing how disposed of, and the 99 date and .the book and page where the evidence thereof is found. 100 Fifth — Fee book] A book to be known as Fee Book, in which shall be dis- 101 tinctly set down in items the proper title, classification and number of the ac- 102 tion, the costs of each action, including clerk's, sheriff's, coroner's, bailiff's, 103 witnesses' and other fees, stating the name of each witness having claimed 104 his attendance with the number of days ' attendance. It shall not be necessary 105 to insert the costs in any judgment or decree, but whenever an action is de- 106 termined and final judgment entered the costs of each party litigant shall be 107 made up in the manner hereinafter provided and entered in such fee book, 108 which shall be considered a part of the record and judgment, subject, however, 109 at all times to be corrected by the court; and the prevailing party shall be con- 110 sidered as having recovered judgment for the amount of the costs so taxed in 111 his favor and the same shall be included in the execution issued upon such judg- 112 ment or decree. 113 Sixth — Index.] A book to be known as Index, in which shall be entered the 114 names of all plaintiffs in actions and proceedings and the names of all defend- 115 ants to actions and proceedings in such court with references to the register and 116 minute books containing the minutes of the proceedings pertaining to the 117 same. 118 Seventh — Othbe books.] Such other books as may, from time to time, be 119 required by law or by rules adopted by the said respective courts, or by the su- 120 preme court, not inconsistent with law. 1184 Sec. 1903. Register and minute book — size, binding, etc.] The register 2 and minute book shall be ten and one-half (IOV2) inches in width by sixteen (16) 3 inches in length ; the paper thereof shall be of the kind known as twenty-eight 4 (28) Demy-Weston's; the binding shall be three-quarter Russian with ten (10) 5 ounce canvas covers and Quincy patent flat opening. Each book shall contain 6 five hundred (500) pages and each page shall be ruled for the entering of the 7 minutes of two actions or proceedings, the actions to be numbered consecu- 8 tively : Provided, hoivever, that when the entries in any proceeding shall occupy 9 more than one-half page the entries in excess of such one-half page may be 10 carried forward to a subsequent one-half page of such register and minute book, 11 or of some subsequent volume thereof, and in such case the page from which 12 the transfer is made shall contain a memorandum of the page, or book and 13 page, to which such transfer is made and the page to which such transfer is made 14 shall contain a memorandum of the page, or book and page, from which such 15 transfer is made. Each book shall be lettered on the back and one side thereof 16 in such manner as may appropriately indicate the court to which the same be- 17 longs, the name of the book, its volume number and the numbers of the actions 18 or proceedings, the minutes of which are contained therein. The ruling and 19 lettering of the space of each page devoted to the minutes of a single action shall 20 be substantially as hereinafter indicated. Sec. 1904. Size, form, etc., of other record books.] The special order 2 book hereinbefore provided for shall be uniform in' size, binding and paper 3 with the register and minute book, with appropriate lettering on the back and 4 one side thereof, and the pages thereof shall be appropriately ruled and let- 5 tered. For the purpose of securing uniformity in all the courts in this State, 6 it shall be the duty of the attorney general to prescribe all rules with respect to 7 the form or other particulars of record books of courts of record which are not 8 sufficiently prescribed by this Act. 11.85 See. 1905. Kinds of books to be kept by each clerk.] Of the books pro- 2 vided for. in the three preceding sections the clerks of said courts shall keep 3 respectively the following, together with such other books as may, from time 4 to time, be required by law or by rules adopted by the said respective courts, 5 or by the supreme court, not inconsistent with law: 6 First — Cj^ERKs OP. supeeme AND APPELLATE COURTS.] The clerk of the su- 7 preme. court and.the clerk of each appellate court shall keep the register and 8 MINUTE tBOOK, GENERAL ORDER BOOK, SPECIAL ORDER BOOK, and INDEX. 9 Second — Clerks or .circuit, superior and city courts.] Each clerk of the 10 circuit court, the clerk of the superior court of Cook county and each clerk of 11 a city court shall ke^pthe register and minute book, general order book, spe- 12 cial order book, judgment and execution docket, fee book and iNDtex. 13 Third-^CisERK of county court.] Each clerk of a county court shall keep 14 the register AND minute book, general, order book, special order book, judgment 15 AND execution DOCKET, FEE BOOK AND INDEX. 16 Fourth — CfcEEK of criminal court of cook county.] The clerk of the 17 criminal court of Cook county shall keep the register and minute book, general "18 ORDER book, special ORDER BOOK, JUDGMENT AND EXECUTION DOCKET, FEE BOOK and 19 INDEX. See. 1906. Books for insanity proceeding;] Clerks of county courts, for 2 the purpose of recording and preserving the proceedings of their respective 3 courts in insanity proceeding, shall keep a book to be known as insanity register 4 and minute book for the docketing of insanity proceedings and the entry, in abbre- 5 viated forms, of minutes of papers filed, writs issued and orders entered in each 6 such proceeding, .brought in the court, such minutes to bej entered in chrono- 7 logical order and to consist of the name of the person with respect to whom the 8 proceeding is brought, the number and classification of the proceeding, the name 1186 9 of each paper filed or writ issued and the date of such filing or issuing; each 10 order entered and the date when entered, and, if entered by a judge other than 11 the county judge of such county, the name of the judge by whom entered, and, if 12 the same be an order written out in full and signed by the judge, a memoran- 13 dum indicating that the draft of the same is on file with the papers in th6 pro- 14 ceeding; and for the entry of such other memoranda as the clerk may deem 15 necessary for the information of the officers of the court and the parties to or 16 persons interested in the proceedings, or as may be required ~bj the court. No 17 order entered in any such proceeding shall be entered in any other book than 18 such register and minute book and every such order shall be entered in an 19 abbreviated form in the manner hereinafter prescribed: Provided, however, 20 that when any order is entered in any such proceeding which cannot be eon- 21 veniently and accurately expressed in an abbreviated form, the same may be 22 written out in full and signed by the judge and filed with the papers in the 23 proceeding and a memorandum may be entered in the register and minute book 24 indicating that a draft of the same has been so placed on file. Sec. 1907. SizE^ binding, etc., of insanity eeqistee and minute book.] 2 The insanity register and minute book provided for in the preceding section 3 shall be of such size as to contain on each page thereof a space seven and three- 4 quarters (7%) inches wide by twelve (12) inches in length for the making of 5 entries and shall contain such number of pages, not less than one hundred 6 (100) nor more than five hundred (500), as may be determined by the court 7 the minutes of which are to be kept therein, and one page thereof shall be de- 8 voted to the minutes of each proceeding : Provided, however, that when the 9 entries in any proceeding shall occupy more than one full page, the entries in 10 excess of such page may be carried forward to a subsequent page of such reg- 11 ister and minute book, and in such case the page from which the transfer is 12 made shall contain a memorandum of the page to which such transfer is made, 13 and the page to which such transfer is made, shall contain a memorandum of 1187 14 the page from which such transfer is made. Each page of such register and 15 minute book shall be ruled and lettered in substantially the manner hereinafter 16 indicated, and each book shall be lettered on the back and one side thereof in 17 such manner as may appropriately indicate the court to which the same belongs, 18 the name of the book, its volume number and the numbers of the proceedings 19 the minutes of which are contained therein. Sec. 1908. Books foe probate matters.] Clerks of county courts in 2 counties in which there are no probate courts established, and clerks of pro- 3 bate courts, for the purpose of recording and preserving the proceedings of 4 their respective courts in probate matters, shall keep the following books : 5 First— Fbobat^ register and minute book.] A book to be known as pro- 6 BATE register AND MINUTE BOOK, for the docketing of probate proceedings and 7 the entry in abbreviated forms of minutes of papers filed, writs issued and 8 orders entered, in chronological order, and to consist of the name of the per- 9 son whose estate is administered upon, or the name of the person with re- 10 spect to whom a guardianship, a conservatorship or an apprenticeship proceed- 11 ing is brought, the number and classification of the proceeding, the name of 12 each paper filed or -writ issued and the date of such filing or issuance ; each 13 order entered and the date when entered, and, if entered by a judge other 14 than the county judge or judge' of the probate court, as the case may be, of 15 such county, the name of the judge by whom entered, and if the same be of 16 such nature as. to be required to be written out in full the book and page of 17 the PROBATE SPECIAL ORDER BOOK, hereinafter provided for, where the same may 18 be found, if the same be entered in such probate special, order book, or if the 19 same be not entered in such probate special order book, a memorandum indi- 20 eating that the draft of the same is on file with the papers in the proceeding; 21 and for the entry of such other memoranda as the clerk may deem necessary for 22 the information of the officers of the court and the parties to or persons in- 1188 23 terpted in the proceeding, or as may be required by the court. The size, 24 paper and binding of the probate register and minute book, and the number 25 of pages contained therein shall be the same, as near as may be, as is herein- 26 before provided for the register and minute, book for the docketing of other 27 actions and proceedings, but one entire page shall be set apart for the enter- 28 ing of the minutes of one proceeding, the proceedings to be numbered consec- 29 utively and the ruling and lettering of each page shall be substantially as here- 30 inafter indicated: Provided, however, that when the entries in any proceeding ,31 shall occupy more than one full page, the entries in excess of such page may 32 be carried forward to a subsequent page of such register and minute book, Qr 33 of some subsequent volume thereof, and in such case the page from which the 34 transfer is made shall contain a memorandum of the page, or book and page, 35 to which such transfer is made and the page to which such transfer is made 36 shall contain a memorandum of the page, or book and page, from which such 37 transfer is made. Whenever the number of probate proceedings brought in 38 any court is such as, in the opinion of the court, to render it expedient, in lieu 39 of the PROBATE REGISTER AND MINUTE BOOK, to be used for all probate proceed- 40 ings, the clerk may keep for the same purpose the following, or such of them 41 as the court may deem necessary: 42 a. An administration register and minute book, for administration pro- 43 ceedings. 44 h. A guardianship register and minute book, for guardianship proceed- 45 ings. 46 c. A conservatorship register and minute book, for conservatorship pro- 47 ceedings; 48 d. An apprenticeship register and minute book, for apprenticeship pro- 49 ceedings. 50 Second— Bv^GiKL register and minute book.] A book to be known as spe- 51 ciAJ. REGISTER AND MINUTE BOOK, f or the docketing of proceedings for the sale of 1189 52 real estate to pay debts, proceedings in equity, actions of contempt, and other 53. special proceedings, which cannot conveniently be entered in the probate eeg- 54 isTEB AND MINUTE BOOK, above provided for, and the entry, in abbreviated forms, 55 of minutes of papers filed, writs issued and orders entered in each proceeding 56 brought in the court and entered in such special eegistee and minute book, 57 such minutes to be entered in chronological order and to consist of the names 58 of all of the parties and of their respective attorneys, if any, and the number 59 and classification of the proceeding, the name of each paper filed or writ issued, 60 and the date of such filing or issuing, each order entered and the date when 61; entered, and;, if entered by a judge other than the county judge or judge of 62 the' probate, court, as the case may be,^ of such county, the name of the judge 63 by whom entered, and, if the same be of such nature as to be required to be 64 written- out in full, the book, and 'page of the pbobate special oedbr book, 6.5 hereinafter referred to where the same may be found, if the same be entered in 66 «. such PROBATE; special ORDER BOOK, Or if the same be not entered in such probate 67- special order book, a memorandum indicating that the draft of the same is on 68 file with the papers in the proceeding and for the entry of such other memo- 69 randa as the clerk may deem necessary for the information of the officers of 70 the. court and the parties to or persons interested in the proceeding, or as 71; may be required by the court. The size, paper and binding of the special 72, register and minute bDok, shall be the same, as near as may be, as is herein- 73, before provided for the register and minute book for the docketing of other 74 actions and proceedings and each page shall be ruled for the entering of the 75 minutes of two actions or proceedings, such actions or proceedings to be 76 numbered consecutively, and the same rules for the making of entries therein 77 shall be applied as, are hereinbefore prescribed for the making of entries in the 78 register and minute book, but the number of pages in each book shall be such 79 as may be determined by the court in wfeich the same is used. 1190 ' ; 80 Third— PtiOB ATE Special Okdek Book.] A book to be known as Probate 81 Special Okdbr Book, for the entry of such orders, judgments and decrees in 82 probate matters as may be required to be entered therein in full. 83 Fourth— 'Ei&TATE Claim Register and Claimant's Claim Register.] Books 84 to be known as Estate Claim Register and Claimant's Claim Register, in 85 which shall be entered memoranda as to each claim filed in such county or pro- 86 bate court against the estate of any deceased person being administered there- 87 in, which memoranda shall consist of the name of the estate against which the 88 claim is filed, the name of the claimant, the amount of the claim, the date of 89 the filing of the same, the allowance of the same, with the amount allowed, or 90 the disallowance of the same, with the date of such allowance or disallowance. 91 In the Estate Claim Register, the names of the estates and, in the Claimants' 92 Claim Register, the names of the claimants, shall be arranged alphabetically. 93 Fifth— FnoBAT^ Fee Book.] A book to be known as Probate Fee Book, 94 in which shall be distinctly set down in items the proper title, classification 95 and number of the proceeding, the costs of each proceeding, including clerk's, 96 sheriff's, coroner's, bailiff's, witnesses' and other fees, and memoranda showing 97 the dates and amounts of fees paid to and received by the clerk. 98 Sixth-PsoBATE Index.] A book to be known as Probate Index, in which 99 shall be entered the names of all persons whose estates are administered upon 100 in such court or with respect to whom guardianship, conservatorship or ap- 101 prenticeship proceedings are instituted, with suitable references to the books 102 containing the minutes of the proceedings pertaining to the same. 103 Seventh— Otubb books.] Such other books as may, from time to time, be 104 required by law or by the rules adopted by said county courts or probate 105 courts, or by the supreme court, not iiLconsistent with law. Sec. 1909. How orders, judgments and degrees may be entered.] Orders, 2 judgments and decrees may be entered in the record books of the proper court 1191 3 either by being written out in full therein, or by the use of the abbreviated 4 forms prescribed by this Act. Orders, judgments and decrees which are written 5 out in full in the record books shall b e entered in the appropriate special order 6 book hereinbefore provided for and minutes thereof in abbreviated forms, to- 7 gether with references to the books and pages of the special order book in which 8 they are written out in full, shall be entered in the appropriate register and 9 minute book. An order, judgment or decree which is written out in full, but 10 is not required to be entered in full upon any record book, shall be filed with the 11 papers constituting a part of the record in the action, and a minute thereof 12 shall be entered in the register and minute book, which minute, in addition to 13 the date and name of the judge by whom entered, may be in substantially the 14 following form: "Order for (here state general nature of order). See draft 15 on file." When any order, judgment or decree is entered which is required to 16 be written out in full in a record book, the minute thereof in the register and 17 minute book shall indicate the record book and page thereof in. which the same 18 is to be found written out in full, and if the same be one a draft of which is 19 signed by the judge such draft shall be filed and kept with the papers consti- 20 tuting a part of the record in the action. The minute of the entry of an order 21 in the record book shall indicate the record book as follows: 22 Special Oedee Book by "S. 0. B." 23 Law Obdeb Book by "L. 0. B." 24 Cbiminal Obdeb Book by "Cr. 0. B." 25 Quasi Ceiminal Obdeb Book by "Q. Cr. O. B." 26 Equity Obdeb Book by "Eq. 0. B." '27 Special Pbocbbding Book by "Sp. Pro. B." 28 Money Judgment Book by "M. J. B." 29 Attachment Judgment Book by "Att. J. B." 1192 , , 30 Replevin Judgment Book by "Repl. J. B." 31 FoEciBLB Detainer Judgment Book by "F, D. J. B." : 32 Criminal Judgment Book by "Cr. J, B." 33 Quasi Chimin al Judgment Book by "Q. Cr. J. B." 34 Recognizance Judgment Book by "Rec. J. B." 35 Foeeclosuee Decebe Book by "Forec. D. B." 36 Partition Decree Book by "Part. D. B." 37 Divorce Decree Book by "Div. D. B," 38 Separate Maintenance Decree Book by "Div. D. B." 39 Miscellaneous Dbceee Book by "Mis, D. B." 40 Supplementary Proceeding Order Book by ' ' Sup. Pr. 0. B. " 41 Peobatb Special Order Book by "Pr. S. 0. B." Sec. 1910. What orders, judgments and decrees, in othee than insanity/ 2 AND PEOBATE MATTEES, TO BE ENTERED ON RECORD BOOKS IN FULL.] The foUowiDg 3 orders, judgments and decrees in actions and proceedings, other than insanity 4 proceedings and probate matters, shall be entered upon the special order book 5 of the court by being written out in full : 6 First- — Final order, etc, for money or property — exception.] Every final 7 order or judgment for the recovery, payment or delivery of possession of, 8 money, personal property or real estate, entered in an action at law, supple- 9 mentary proceeding or special proceeding, excepting when the same is a judg- 10 ment for money only and the amount thereof, exclusive of costs, does 11 not exceed twenty-five dollars ($25) : Provided, however, that no judg- 12 ment for the recovery of money only shall be entered upon the special order 13 book by being written out in full when the same is satisfied within twenty (20) 14 days after the rendition thereof. When any such final order or judgment is so 15 unusual in form that the purport and legal effect thereof cannot be accurately 16 expressed in an abbreviated form upon the register and miuute book, a draft 1193 17 thereof shall also be made and shall be signed by the judge and shall be filed and 18 kept with the papers constituting the record of the action. 19 Second — Finax, okdbes, etc., fob pebfoemance of act.] Every final order or 20 judgment in any action at law requiring the performance by a party to the action 21 of some act, other than one specified in the preceding clause of this section, for 22 the benefit of another party to the action. .23 Third — Othee final oedee, etc., not conveniently abbreviated.] Every 24 other final order or judgment in an action at law, supplementary proceeding or 25 special proceeding, not mentioned in the two preceding clauses of this section, 26 when the same cannot be conveniently and accurately entered upon the register 27 and minute book in an abbreviated form. 28 i''ottr^/8.— Final order, etc., in equity — exceptions.] Every final order or 29 decree in an action in equity, other than an order dismissing a bill of complaint 30 for want of equity, or want of prosecution, or without prejudice, or upon the 31 application of the plaintiff in such bill pi complaint, or by agreement of the 32 parties, or where the same is a decree for money only and the amount thereof, 33 exclusive of interest and costs, does not exceed twenty-five dollars ($25); When 34 any such final order or decree is required to be entered in full in the special 35 order book, a draft thereof shall also be made and shall be signed by the judge 36 and shall be filed and kept with the papers constituting the record of the action. 37 Fifth — Order reciting verdict of guilty in ceiminal action — names of 38 JUEOES to be omitted.] Every order reciting the rendering of a verdict of 39 guilty in a criminal action when the punishment is death or confinement in the 40 penitentiary, either with or without fine ; but it shall not be necessary in any 41 such order to recite the names of the jurors or to otherwise enter the names of 42 the jurors upon the record. Whenever the names of the jurors in any action 43 may appear to be material to the preservation of the rights of the defendant 44 upon appeal or writ of error, the same may be preserved m the report of the 45 proceedmgs settled and signed by the judge, 1194 46 Sixth — Sentence of death ob imprisonment in criminal action,] Every 47 final judgment in a criminal action sentencing a defendant to death or to im- 48 prisonment either with or without fine. 49 Seventh — Sentence of fine in criminal action when unpaid.] Every 50 final judgment in a criminal action sentencing a defendant to the payment of a 51 fine, when such fine is not paid before the commitment of the defendant to the 52 county jail, house of correction or workhouse. 53 Eighth — Final order op imprisonment in contempt action.] Every final 54 order sentencing a defendant to imprisonment, either with or without fine, in 55 an action of contempt. 56 Ninth — Final order of fine in contempt action.] Every final order in an 57 action of contempt sentencing a defendant to the payment of a fine, when such 58 fine is not paid before the commitment of the defendant to the county jail, 59 house of correction or workhouse. 60 Tenth — Final judgment against defendant in municipal ordinance ac- 61 TioN.] Every final judgment against a defendant in a quasi criminal action 62 brought to recover a fine or penalty for the violation of a municipal ordinance, 63 when the same is not satisfied before the commitment of the defendant to the 64 county jail, house of correction or workhouse. Sec. 1911. What orders, judgments and decrees in probate matters to be 2 ENTERED ON RECORD BOOKS IN FULL.] The foUowing orders, judgments and decrees 3 in probate matters shall be entered upon the probate special order book by be- 4 ing written out in full : 5 First — Allowance or disallowance of will to probate.] A final order al- 6 lowing or disallowing any will to probate. 7 Second— Fits Ai. order or decree in proceeding for sale of real estate or 8 equity proceeding.] a final order or decree in a proceeding for the sale of 9 real estate for the payment of debts, or in any other proceeding in equity within 10 the jurisdiction of a probate court, other than a final order or decree dismissing 1 : 1195 11 a bill of complaint or petition for want of equity, or want of prosecution, or 12 without prejudice, or upon the application of the plaintiff in such bill of com- 13 plaint, or by agreement of the parties. "When any such final order or decree is re- 14 quired to be entered in full in the probate special order book, a draft thereof 15 shall also be made and shall be signed by the judge and shall be filed and kept 16 with the papers constituting the record of the proceeding. 17 Third— FisAL okdbr roK payment ob disteibxjxion.] A final order or decree 18 for the payment or distribution of money or personal property, .when the same 19 can not be conveniently and accurately expressed in an abbreviated form, in the 20 probate register and minute book. 21 Fourth— Otb.-e,b. final oedebs and decrees.] Any final order or decree not 22 included within those specified in the preceding clauses of this section, when 23 the same can not be conveniently and accurately expressed in an abbreviated 24 form in the probate register and minute book. Sec. 1912. What okdees and documents not to be entered in full on 2 EBCOED BOOKS.] The following orders and documents, if entered at all upon the 3 record books of a court of record, shall be entered by the use of abbreviated 4 forms and upon the register and minute book only. 5 First— M.oTiOT>!, etc.] An order reciting the entry of any motion or the mak- 6 ing of any application 7 /SecowcZ— Postponements.] An order postponing the trial or hearing of an 8 action or proceeding. * 9 Third — Extension of time for filing papeb.] An order extending the time 10 for filing an entry of appearance, specification of defense or defenses, plea, 11 answer or other pleading, an authenticated record, printed record or abstract 12 thereof, a printed brief or argument, a petition for a rehearing or other paper, 13 record or document. ^ : " ' 1196 ' -1 14 Fourth— 'ExTB'ssioN of time to comply with rule.] An order extending 15 the time within which a party is required to comply with any rule which- may 16 be laid upon him. 17 i?i/^/i— Default— EixcEPTioN.] An order reciting a default of any defendant, 18 excepting: when such order is embodied in a final order, judgment or decree 19 required by this Act to be written out in full and entered in the special order 20 book. 21 Siodh— ^BASHING OE BBFusiNG LEAVE TO AMEND.] An Order granting or re- 22 • fusing leave to amend any pleading, process, return or other ' paper or record 23 entry. 24 (Seve»»ffe— Sustaining or overruling demurebb or exceptions.] An order sus- 25 taining or overruling exceptions or a demurrer to any pleading. 26 Eighth— ^XTESDiiSG time foe tendering report of proceedings.] An order 27 extending the time for tendering to a judge a report of the proceedings for settle- 28 ment and signature. 29 Ninth— As to new trial.! An order granting or denying a new trial in any 30 action. 31 Tew^/i— Approval of bond.] An order approving any bond. 32 Eleventh — Vacating previous order, etc.] An order vacating any previous 33 order, judgment or decree, when not coupled with a new order, judgment or de- 34 cree, required by the preceding sections to be written out in full and entered 35 in the special order book. When any order, jud,gment or decree written out in 36 full in the special order book is vacated, the clerk shall note in the margin the 37 vacation thereof and the date of such vacation. 38 Twelfth — Empanelling jury.] An order reciting the empanelling of a jury. 39 When such order is entered in an abbreviated form the names of the jurors 40 shall be omitted, 1197 41 Thirteenth— ''DisAon^'EM'ETST, iktc, op jury.] An order reciting a disagree- 42 ment and discharge of a jury. 43 Fourteenth — As to stay of peocebdings.] An order granting, or refusing, 44 or vacating, a stay of proceedings. 45 'Fifteenth — As to motion to quash. J An order granting or overruling a 46 motion to quash any summons, writ, return or proof of service; indictment, infor- 47 mation, complaint or execution. 48 Sixteenth — Retubn of indictment.] An order reciting' the "return of an in- 49 dictment into court, or the granting of leave to file an information. 50 Seventeenth— As to CHAj of administration, guardianship or conservatorship, inven- 57 tory, report of administrator, executor, guardian, conservator or Other officer 58 provided for by this Act, other than an official bond or report of a clerk of a 59 court, sheriff, official receiver, master in chancery, official stenographer, or any 60 deputy or assistant of ' any such public officer. Sec. 1913. Ceetain memoeanda not to be enteeed.] No entry shall be made 2 in the register and minute book or special order book or any memorandum of 3 any order or portion of an order reciting either of the following matters : 4 First— Qaiajitsg, of dependant.] That any defendant before the entry of a de- 5 fault against him was called solemnly or otherwise in open court. 6 /Se^roTOcZ— Pabticulaes as to seevice op peocess oe publication op notice.] The 7 particulars pertaining to the service of any process or notice upon any party to 1198 8 the action, or the particulars pertaining to the publication of notice to any 9 defendant. 10 jTMrf?— Presence or parties.] The coming into court of the parties, either in 11 their own proper persons or by their attorneys, or both, or the presence of the 12 parties, in their own proper persons or by their respective attorneys, or both, at 13 the time of the entry of any order in the action, or during the progress of the 14 proceedings of the court connected with such order. 15 FoMr^/fc— Names of attorneys.] The names of the attorneys of the respective 16 parties. 17 Fi/^/t— Motion, etc., of party by attorney.] The fact that a motion is 18 made or other proceeding had by a party by his attorney. 19 Siaj^/i— Setting action for trial, etc.] The setting of the action for trial 20 or hearing upon a particular day. 21 Seventh— V\jkCYSQ, action on or striking same from calendar,] The placing 22 of the action upon or striking the same from a trial or hearin,g calendar. 23 Si<)i/ii/^— Postponement of trial, etc.] The postponing of the trial or hear- , 24 ing of the action or of any matter pertaining thereto. 25 ^m^/t— Arguments.]. The making of arguments on behalf of the respective * 26 parties. 27 Teni/^— Taking under advisement.] The taking by the court of any matter 28 under advisement. 29 Eleventh— CovBT duly advised.] The fact that the court is duly or fully ad- 30 vised in the premises. 31 Twe^/f/t— Evidence heard.] The hearing of evidence. 32 Thirteenth— Itsstuvctioss.] The delivery by the court of instructions to 33 the jury. 34 FourteenthSwEA-Rma of jury.] The swearing of the jury, either for their 35 examination as to their competency or for the trial of the issues. 1199 36 Fifteenth — Eetibement of jury.] The retirement of the jury to consider 37 of their verdict. 38 Sixteenth — Retukn of jtjey foe fubthek instructions.] The return of the 39 jury into court for further instructions, 40 Seventeenth— 'SLeyvks op jijky to report verdict, etc.] The return of the 41 jury into court to report their verdict or disagreement. 42 Eighteenth— CoM.TsiESGEisiiEST: of trial, or postponement from day to day.] 43 The commencement of a trial or hearing, whether by jury or otherwise, or the 44 subsequent postponement of such trial or hearing from day to day during the 45 progress and until the termination thereof. 46 Nineteenth — Furnishing defendant copy of indictment, etc.] The furnish- 47 ing to the defendant in a criminal action of a copy of the indictment, informa- 48 tion or complaint, a list of the witnesses, or a list of the jurors. 49 Twentieth— ^^&.V)TSG: of indictment, etc.] The reading of any indictment, 50 information or complaint to the defendant. 51 Twew%-^rs^— Informing defendant of consequences, etc.] The informing 52 of a defendant in a criminal action of the consequences of a plea of guilty prior 53 to the entry of such plea. 54 Twenty-second— Gauuisg upon defendant to give reason, etc.] The calling 55 upon a defendant in a criminal action to give a reason, if any he have, why 56 sentence should not be pronounced upon him. 57 Twenty-third— Ot-b.^s, unnecessary matters.] Any other matter the recital 58 of which is not necessary to an understanding of the decision made by the court 59 upon a question of law or fact involved in the action. 1200 Sec. 1914. Presumptions of begularity.] In every action, whether civil, ' 2 quasi criminal or criminal, in the absence of any showing in the record to the 3 contrary, it shall be conclusively presumed that the court, in its proceedings 4 pertaining to such action, fully heard the allegations and proofs of the respeo- 5 tive parties, together with the arguments of themselves or of their counsel, 6 and duly considered the same ; that no proceeding in the action was had by the 7 court in the absence of any party thereto, when the presence of such party was 8 required by law, and that all of the formalities made by law essential to the 9 validity of the judgment of the court were fully complied with. In case of the 10 failure of the court in any action to observe any formality required by law such 11 failure shall, at the demand of any party to the action, be preserved in a report 12 of the proceedings to be settled and signed by the judge in the manner pre- 13 scribed by this Act, which report of the proceedings, when settled and signed 14 as aforesaid, shall constitute a part of the record of the action. Nothing herein 15 contained shall be construed as authorizing any court to dispense with any for- 16 mality in any action, civil, quasi criminal or criminal, which is essential to the 17 re,gularity or validity of its proceedings, the intent hereof being, not to au- 18 thorize any such formality to be dispensed with, but merely to avoid encum- 19 bering the records of courts of record with unnecessary matters. Sec. 1915. Interlocutory orders oe unusual form.] Whenever any inter- 2 locutory order, judgment or decree is of such nature that the same can not be 3 expressed with sufficient accuracy by the use of the abbreviated forms pre- 4 scribed by this Act, the same shall be written out in full and shall be signed by 5 the judge and filed by the derk with the papers constituting a part of the record 6 of the action. The party in whose favor such order is entered shall prepare, or 7 cause to be prepared, a typewritten draft thereof to be signed by the judge and 8 filed as above provided, together with a carbon copy thereof to be retained by 1201 9 such party and an additional carbon copy thereof to be delivered to each of the 10 other parties, or groups of parties, to the action who shall have entered sepa- 11 rate appearances. The clerk, at the request of the party preparing any such order, 12 judgment or decree, shall cause the draft thereof, together with the required 13 number of carbon copies thereof, to be typewritten, the fees therefor to be as 14 hereinafter prescribed. Sec. 1916. EuLES as to orders, etc., EfTTEEBD UPON RECORD OR WRITTEN OUT 2 IN FULL TO BE SPECIFIED IN SUCCEEDING SECTIONS.] With respcct to the entry of 3 orders, judgments and decrees which are required by this Act to be written out 4 in full and entered upon the special order book, or which may be written out in 5 full and filed with the papers constituting a part of the record of the action, as 6 hereinbefore provided, the rules specified in the twelve (12) succeeding sections 7 shall prevail. Sec. 1917. Entitling, date, name of judge, etc.] Every such order, judg- 2 ment or decree shall specify the court in which the action is pending, the names 3 of the paTties thereto and the classification, number and date of the entry thereof 4 and if entered in a court other than the supreme court or an appellate court, 5 the name of the judge presiding at the time of such entry : Provided, however, 6 that in actions, (other than criminal actions, and ,quasi criminal actions brought 7 to recover fines or penalties for the violation of ordinances of municipal corpo- 8 rations,) in which there is more than one plaintiff or more than one defendant, 9 there shall be specified only the names of the first party plaintiff, and of the first 10 party defendant, with the usual indication by the letters " et al. " that there are 11 additional parties to the action. Sec. 1918. Interlocutory order, etc., to be confined to stating what is 2 ORDERED, ETC.— EXCEPTION.] EvcTy such iutcrlocutory order, judgment or decree 1202 3 shall be confined strictly to a statement of that which the court orders, adjudges 4 or decrees, with a recital showing on whose motion or application the same is 5 entered : Provided, however, that an interlocutory order granting a preliminary 6 injunction or appointing a receiver without notice to the adverse party shall con- 7 tain a recital of the granting of the order without notice, together with a speci- 8 fication of the papers upon which such order is founded and of the bond, if any, 9 given by the plaintiff. Sec. 1919. Recitals of evidence heaed or facts pound to be omitted.] No 2 such order, judgment or decree, whether interlocutory or final, shall, excepting 3 as is provided in the preceding clause, contain any recital of the evidence heard 4 or of the facts found by the court and every such recital of evidence heard or, 5 of facts found by the court, excepting such as is provided for in the preceding 6 clause, shall be deemed surplusage and shall be given no force or effect 7 whatsoever. Sec. 1920. When order, etc., presumed warranted by evidence, etc.— pre- 2 LiMiNARY INJUNCTION, ETC., ORDER.] When the rccord contains no report of the 3 proceedings signed by a judge and no master's report accompanied by evidence, 4 or master's report of findings of fact not accompanied by evidence, every 5 order, judgment or decree, whether interlocutory or final, other than an inter- 6 locutory order granting an injunction or apointing a receiver without notice, 7 shall be conclusively presumed to have been warranted by the evidence, and an 8 interlocutory order granting a preliminary injunction or appointing a receiver 9 without notice will be presumed to have been founded solely upon the plain- 10 tiff's bill of complaint, the affidavit verifying the same and the other affidavits, 11 if any, specified in such order. Sec. 1921. When order, etc., presumed based solely on evidence in report, 2 etc] When the record contains a report of the proceedings signed by the judge. 1203 3 or a master's report accompanied by evidence, of both, any such order, judgment 4 or decree, whether interlocutory or final, to which such report .of the proceed- 5 ings pertains, or which is founded upon such master's report accompanied 6 by evidence, or both, will be presumed to have been founded solely upon 7 the evidence preserved in such report of the proceedin,gs or accompanying such 8 master's report, or both, as the case may be, unless such report of the proceed- 9 ings, or master's report, shall contain an express recital to the contrary. Sec. 1922.^ When order, etc., presumed founded solely on master's find- 2 INGS.] When the record contains a master's report of findings of fact not accom- 3 panied by evidence, any such order, judgment or decree which purports to be 4 founded upon such master's report, will be presumed to have been founded solely 5 upon the facts found therein. See. 1923. What final order in civil action, etc., to contain— introduc- 2 TioN— MATTERS ORDERED, ETC.] Evcry such final order, judgment or decree, 3 other than those otherwise hereinafter expressly provided for, shall contain, 4 first, an introduction, and, second, the matter or matters ordered, adjudged 5 or decreed. The introduction shall recite the jurisdiction of the court of the sub- 6 ject matter of the action or proceeding and of the person or persons of the de- 7 fendant or defendants, and shall specify, as to each defendant, whether such 8 jurisdiction of the person has been obtained by service of summons, by appear- 8 ance, or by publication of notice. In the case of a final order or judgment in 9 an action at law, it shall also recite whether the order or judgment is entered 10 upon default, with or without an assessment of damages, or hearing of evidence, 11 or upon the finding of a court, or the verdict of a jury, or otherwise. In the 12 case of a final order or decree in an action in equity, it shall also recite whether 13 it is entered upon default, or upon the verdict of a jury, or upon a hearing by 34 the court upon pleadings or otherwise, either with or without proof, and if with 15 proof, whether the same was introduced and heard by deposition or otherwise 16 in open court, or accompanied a master's report, or both, as the case may be. 1204 - ' 17 The matter or matters ordered, adjudged or decreed shall, when more than 18 one matter is so ordered, adjudged or decreed, be divided into paragraphs, each 19 containing, as near as may be practicable, a single one of such matters. Sec. 1924. What final judgement in ceiminal action to contain — ^intbo- 2 DTJCTiON — SENTENCE.] Every final judgment of sentence in a criminal action 3 shall also contain, first, an introduction, and, second, the recital of the sentence. 4 The introduction shall recite the presence of the defendant, in every case in 5 which the presence of the defendant is required by law, or if the defendant 6 be not present, it shall recite the manner in which jurisdiction of the person 7 of the defendant has been obtained, and whether the sentence is upon a plea 8 of guilty, a finding by the court, or the verdict of a jury, and the recital of 9 the sentence shall specify the punishment imposed upon the defendant. If the 10 punishment is, in whole or in part, imprisonment, the judgment shall specify the 11 commencement and duration of the same and whether the same is to be by 12 confinement in the penitentiary, State reformatory, county jail, house of oor- 13 rection, or other institution, and if the punishment is, in whole or in part, a 14 fine, the judgment shall specify the manner of enforcing payment of the same. .J .15 If such payment is to be enforced by confinement of the defendant in any 16 county jail, it shall be sufficient that the judgment recite that such defendant 17 is to stand committed to such county jail until the fine and costs are paid 18 or the defendant discharged in accordance with law. If such payment is to 19 be enforced by the confinement of the defendant in any house of correction or 20 work-house, it shall be sufficient that the judgment recite .that the defendant 21 is to stand committed to such house of correction or workhouse until the fine 22 and costs are paid or worked out by the defendant, or the defendant dis- 23 charged in accordance with law. 1205 Sec. 1925. What final judgment in municipal ordinance case to con- 2 TAIN — INTRODUCTION — IMPOSITION OF FINE.] Every final judgment imposing a 3 fine in a quasi criminal action to recover a fine or penalty for the violation 4 of a municipal ordinance shall also contain, first, an introduction, and, sec- 5 ond, a recital of the imposition of the fine and the manner of enforcing pay- 6 ment thereof. The introduction shall recite the presence of the defendant in 7 every case in which the presence of the defendant is required by law, or, if the 8 defendant be not present, it shall recite the jurisdiction of the court of the 9 subject-matter of the action or proceeding and of the person of the defendant 10 and whether such jurisdiction of the person has been obtained by service of 11 summons, appearance, or arrest and bringing into court, and shall be followed 12 by the recital of the imposition of the fine and; of the manner of enforcing 13 payment thereof. If such payment is to be enforced- by the confinement of the 14 defendant in' any county jail, it shallbe sufficient that the judgment recite that 15 such defendant is to stand committed to such county jail until the fine and 16 costs are paid or the defendant discharged in accordance with law. If the 17 payment of the judgment is to be enforced by the confinement of the defend- 18 ant in any house of correction or workhouse, it shall be sufficient that the 19 judgment recite that such defendant stand committed to such house of correc- 20 .tion or workhouse until the fine and costs shall have been paid or worked out 21 by the defendant or the defendant discharged in accordance with law. Sec. 1926. Orders, etc., in civil, etc., action not to contain order for 2 EXECUTION, etc. — HOW JUDGMENTS, ETC., ENFORCED.] No final Order, judgment 3 or decree in a civil or quasi criminal action, other than one brought to recover 4 a fine or penalty for the violation of a municipal ordinance, shall contain 5 any order for the issuance of any execution or other process, or for any 6 other procedure for the enforcement of the same, but without any such order, 7 the method of enforcement of said final order, judgment or decree, other 1206 8 than one for the payment of money against a municipal corporation, or an 9 executor, administrator, guardian, conservator, receiver or other person acting 10 merely in a representative capacity, shall be as follows : 11 First — Judgment fob money on due seevice or appeabance without levy 12 OF ATTACHMENT, ETC.] A final Order or judgment for money against a defend- 13 ant in an action at law, in which the defendant has been duly served with 14 the summons or writ or has entered his appearance, and in which no writ of 15 attachment or distress warrant has been levied, or in which, if such writ of 16 attachment or distress warrant has been levied, such writ of attachment or 17 distress warrant has been quashed or the levy discharged, shall be enforced 18 by a general execution against the property of the defendant. A defendant 19 shall be deemed to have been duly served with the summons or writ within 20 the meaning of this section, either when such service shall have been had with- 21 in the territorial limits of this State, or when the same shall have been had 22 without the territorial limits of this State and the defendant, at the time of 23 being so served, shall have been a citizen and resident of this State and the 24 proof of service of the summons or writ shall so recite. The general execu- 25 tion above provided for may be in substantially the following form: 26 In the Circuit Court of Cook County, Illinois. 27 John Doe ") '• 'l 28 v. ^Contract. No. 30. 29 Eichard Eoe. I 30 GrENEEAL Execution. 31 The People of the State of Illinois — Gteeeting to the sheriff of Cook county: 32 We command you that of the lands and tenements, goods and chattels of 33 Eichard Eoe, in your county, you cause to be made the sum of two thousand 34 dollars ($2,000), which John Doe, as plaintiff, recovered against Eichard Eoe, 35 as defendant, on the 12th day of February, 1908, in the above entitled action 36 in the circuit court of Cook county, Illinois, and also the further sum of six '. ' 1207 , ; 37 dollars and fifty cents ($6.50) which was adjudged to the said plaintiff as 38 ■ costs, and pay over the same to the said plaintiff, John Doe. 39 Witness John Smith, clerk of said circuit court, and the seal thereof, at 40 Chicago, Illinois, this 12th day of February, 1908. 41 John Smith, Clerk. 42 Second — Judgment fob money on personal service or appearance with 43 LEVY op attachment, etc.] a final order or judgment for money against a 44 defendant in an action at law in which the defendant has been duly served with 45 the summons or writ or has entered an appearance, and in which a writ of at- 46 tachment or distress warrant has been levied and such writ of attachment or dis- 47 teess warrant has not been quashed or the levy discharged, shall be enforced by 48 a general execution against the property of the defendant, coupled with a spe- 49 cial execution against the property levied upon, which execution may be in 50 substantially the following form: 51 In the Circuit Court of Cook County, Illinois. 52 John Doe ] 53 V. klttachment. No. 50. 54 Richard Eoe. J 55 GrENEBAL AND SpECIAL EXECUTION. 56 The People of the State of Illinois — Greeting to the sheriff of Cook county: 57 We command you that of the property levied upon under the writ of at- 58 tachment in the above entitled action, to-wit: (here describe property levied 59 upon,) as well as from the other lands and tenements, goods and chattels of 60 the defendant, Eichard Roe, in your county, you cause to be made the sum 61 of two thousand dollars ($2,000), which said John Doe, as plaintiff, recovered 62 against said Richard Roe, as defendant, on the 12th day of February, 1908, in 63 the above entitled action in the cij-cuit court of Cook county, Illinois, and also 64 the further sum of six dollars and fifty cents ($6.50), which was adjudged to 1208 65 said plaintiff as costs, and pay over the same to the said plaintiff, John Doe. 66 Witness John Smith, clerk of said circuit court, and the seal thereof,- at 67 Chicago, Illinois, this 12th day of February, 1908. 68 John Smith, Clerk. 69 Note. -^ '" " ' 70 If the execution be issued in an action of distress for rent, the above 71 form may be varied from by changing the classification of the action accord- 72 ingly and by substituting "distress warrant" for "writ of attachment." 73 Third — Judgment for money without due seevice or appearance, but 74 with levy op attachment, etc.] A final order or judgment for money against 75 a defendant in an action at law in which the defendant has not been, duly 76 served with the summons or writ and has not entered an appearance, and in 77 which a writ of attachment or distress warrant has been levied upon property 78 of the defendant and such writ of attachment .or distress warrant has not 79 been quashed or the levy discharged, may be enforced by a special execution 80 against the property levied upon, which execution may be in substantially the 81 following form: 82 In the Circuit- Court op Cook County, Illinois. 83 John Doe 84 V. 85 Eichard Eoe. . Attachment. No. 60. i , ^ 86 Special Execution. 87 The People of the State of Illinois — G-keeting to the sheriff of Cook county: 88 We command you that of the property levied upon under the writ of attach- 89 ment in the above entitled action, to- wit; (here describe property levied up- 90 on,) you cause to be made the sum of one thousand dollars ($1,000), which 91 John Doe, as plaintiff, recovered againSjt said Eichard Eoe, as defendant, on 92 the 12th day of February, 1908, aud alsp the further svm of six dollars and 1209 : I 93 fifty cents ($6.50), which was adjudged to said plaintiff as costs, and pay over 94 the same to the said plaintiff, Jolm Doe. 95 Witness John Smith, clerk of saidi circuit court, and the seal thereof, at 96 Chicago, Illinois, this 12th day of February, 1908. 97 John Smiseh, Clerk. 98 Note. 99 If the execution be issued in an action of distress for rent, the above 100 form ma;y be varied from by changing the classification of the action accord- 101 ingly and by substituting "distress warrant" for "writ of attachment." 102 Fourth. — When judgment enfobced by gaknishment.] In an action in 103 which the defendant has been duly served with the summons or writ, or has 104 entered an appearance, or has been duly notified by publication of notice, and 105 in which a garnishee has been duly served with summons, or has entered his 106 appearance, and money or property applicable to the payment of the judgment 107 has been recovered from such garnishee, such judgment may be enforced out 108 of the money or property so recovered from such garnishee, so far as the same 109 may extend. i 110 Fifth — Judgment eok money without due service or levy of attachment, 111 ETC., A NULLITY.] A final order or judgment for money against a defendant in 112 an action at law in which the defendant has not been duly served with the sum- 113 mous or writ and has not entered an appearance, and in which no writ of 114 attachment or distress warrant has been levied, nor any garnishee served with 115 garnishee summons or appeared, or in which, if such writ of attachment or dis- 116 tress warrant has been levied, or such garnishee has been served with summons 117 or has entered his appearance, such writ of attachment or distress warrant has 118 been quashed or the levy discharged, or no money or property applicable to 119 the payment of the judgment has been recovered from .the garnishee, shall be 120 deemed a nullity and shall be without any force or effect. 1210 121 Sixth — Decree fob money on due service oe appearance, excepting fore 122 closure, etc.] An order or decree for money against a defendant in an action 123 in equity, in which the defendant has been duly served with- the summons or 124 has entered an appearance, other than one for the foreclosure of a mortgage or 125 the enforcement of a lien, shall be enforced by a general execution against the 126 property of the defendant in the form, as near as may be, above prescribed for 127 an execution upon a judgment for money against a defendant in an action at 128 law in which the defendant has been duly served with the summons or writ or 129 has entered his appearance, or, in the discretion of the court, by attachment of 130 the defendant and a proceeding against him as for a contempt of court; but 131 if the defendant has not been duly served with the summons and has not en- 132 tered an appearance, such decree shall be deemed a nullity and shall be without 133 any force or effect, i 134 Seventh — Fobeclosubb decree, etc.— deficiency.] A final order or decree 135 for money against a defendant in an action in equity brought for the fore- 136 closure of a mortgage or the enforcement of a lien shall be satisfied in the 137 first instance by a sale of the property foreclosed, or made subject to the lien, 138 in such manner as the court may direct, and the balance, if any, remaining un- 139 satisfied after the application of the proceeds of such sale, when such balance 140 is fixed and ordered or decreed to be paid by the court, shall, if the defendant 141 has been duly served with the summons or has entered his appearance, be en- 142 forced by a general execution against the property of the defendant in the 143 form specified in the preceding clause or, in the discretion of the court, by an 144 attachment of the defendant and a proceeding against him as for a contempt 145 of court; but if the defendant has not been duly served with the summons and 146 has not entered an appearance, such decree for such balance shall be deemed a 147 nullity and shall be without force or effect. 148 Eighth — Judgment in ejectment.] A judgment in an action of ejectment 149 for the possession of real estate and for costs shall be enforced by a writ of 1211 150 possession, or, in the discretion of the court, by attachment of the party against 151 whom the judgment is rendered and a proceeding against him as for a con- 152 tempt of court. Such writ o£ possession may be in substantially the following 153 form: 154 In the Cibcuit Coubt of Cook County, Illinois. Ejectment. No, 50. 155 John Doe 156 V. 157 Richard Roe, 158 Wbit of Possession. 159 The People of the State of Illinois — Greeting to the sheriff of Cook county: 160 We hereby command you that, without delay, you deliver to John Doe, the 161 plaintiff in the above entitled action, possession of the premises recovered by 162 said John Doe, as plaintiff, against said Richard Roe, as defendant, on the 163 12th day of February, 1908, in the above entitled action, in the circuit court of 164 Cook county, Illinois, which premises are described as follows: 165 (Here describe premises.) 166 We also command you that of the lands and tenements, goods and chat- 167 tels of said defendant, Richard Roe, in your county, you cause to b^ made the 168 sum of six dollars and fifty cents ($6.50), which John Doe, as plaintiff, recov- 169 ered against said Richard Roe, as defendant, on the 12th day of February, 1908, 170 in the above entitled action in the circuit court of Cook county, Illinois, which 171 was adjudged to said plaintiff as his costs, and pay over the same to the said 172 plaintiff, John Doe. 173 Witness John Smith, clerk of said circuit court, and the seal thereof, at 174 Chicago, Illinois, this 12th day of February, 1908. 175 John Smith, Cleric. 176 Ninth — Judgment foe plaintiff fob possession in foecible detainee. ] A 177 judgment in an action of forcible detainer in favor of the plaintiff for the pos- 178 session of the premises specified in the judgment and for costs shall be en- > : ■ 1212 179 forced by a writ of restitution and execution which may be in substantially the 180 following form: 181 In the Cibcuit Coubt of Cook County, Illinois. 182 John Doe 183 V. 184 Richard Roe. Forcible Detainer. No. 100. 185 Wbit op Restitution. ^ ] 186 The People of the State of Illinois — Gteeeting to -the sheriff of Cook county: 187 We command that you, without delay, dispossess Richard Roe, the defend- 188 ant in the above entitled action, and restore the plaintiff, John Doe, to the 189 possession of the premises recovered by said John Doe, as plaintiff, against said 190 Richard Roe, as defendant, on the 12 th day of February, 1908, in the above 191 entitled action in the circuit court of Cook county, Illinois, which premises are 192 described as follows: ^ 193 (Here describe premises.) 194 We also command you that of the lands and tenements, goods and chat- 195 tels of said defendant, Richard Roe, in your county, you cause to be made the 196 sum of six dollars and fifty cents ($6.50), which John Doe, as plaintiff, recov- 197 ered against said Richard Roe, as defendant, on the 12th day of February, 1908, 198 in the above entitled action in the circuit court of Cook county, Illinois, which 199 was adjudged to the said plaintiff as his costs, and pay over the same to the 200 said plaintiff, John Doe. 201 Witness John Smith, clerk of said circuit court, and the seal thereof, at 202 Chicago, Illinois, this 12th day of February, 1908. 203 John Smith, Clerk. 204 Note. 205 In case the defendant has not been duly served with the smnmons or writ, 206 and has not entered an appearance, no judgment for costs shall be rendered 207 against him and that portion of the above form pertaining to the costs shall be 208 omitted. 1213 209 Tenth — Judgment for plaintiff fob possession and rent in forcible de- 210 TAiNER.] A judgment in an action of forcible detainer in favor of the plaintiff 211 for the possession of the premises specified in the judgment and for rent and 212 costs shall be enforced by a writ of restitution and execution which may be in 213 substantially the following form: 214 In THE Circuit Court of Cook County, Illinois. 215 John Doe ] 216 V. ^Forcible Detainer. No. 30. 217 EichardRoe. J 218 Writ of Restitution and Execution. 219 The People of the State of Illinois — Gteeeting to the sheriff of Cook county: 220 We command you that you, without delay, dispossess Richard Roe, the de- 221 fendant in the above entitled action, and restore the plaintiff, John Doe, to the. 222 possession of the premises recovered by said John Doe, as plaintiff, against 223 said Richard Roe, as defendant, on the 12th day of February, 1908, in-ttie aho^e^ 224 entitled action in the circuit court of Cook county, Illinois, which premises are 225 described as follows: 226 (Here describe premises.) 227 We also command you that of the lands and tenements, goods and chat- 228 tels of said defendant, Richaru Roe, in your county, you cause to be made the 229 sum of five hundred dollars ($500), which said John Doe, as plaintiff, recovered 230 against said Richard Roe, as defendant, on the 12th day of February, 1908, in 231 the above entitled action in the circuit court of Cook county, Illinois^ as rent, and 232 also the further sum of six dollars and fifty cents ($6.50), which was adjudged 233 to said plaintiff as costs, and pay over the same to the said plaintiff, John Doe. 234 Witness John Smith, clerk of said circuit court, and the seal thereof, at 285 Chicago, Illinois, this 12th day of February, 1908. 236 John Smith, Clerk. 1214 237 Note. 238^ In ease the defendant has not been duly served with the summons or writ 239 and has not entered an appearance, no judgment for costs or rent shall be 240 rendered against him and that portion of the above form pertaining to the rent 241 and costs shall be omitted. 242 Eleventh — Judgment for plaintiff in trial of right of property.] A 243 judgment in favor of the plaintiff for the recovery of personal property in an 244 action for the trial of the right of property shall be enforced by a writ of pos- 245 session, or, in the discretion of the court, by attachment of the defendant and 246 a proceeding against him as for a contempt of court. Such writ of possession 247 may be in substantially the following form: 248 In the Circuit Court of Cook County, Illinois. 249 John Doe ] 250 V. [-Trial of Right of Property. No. 75. 251 Richard Roe et al. J 252 Writ of Possession. 253 The People of the State of Illinois — Greeting to the sheriff of Cook county: 254 We command you that you, without delay, take the following goods and 255 chattels, which John Doe, as plaintiff, recovered against Richard Roe and 256 Thomas Jones, as defendants, on the 12th day of February, 1908, in the above 257 entitled action in the circuit court of Cook county, Illinois, and cause the same 258 to be delivered to said John Doe, to- wit: 259 (Here describe goods and chattels.) 260 We also command you that of the goods and chattels of the defendant, 261 Richard Roe, in your county, you cause to be made the sum of six dollars and 262 fifty cents ($6.50), which John Doe, as plaintiff, recovered against said Rich- 263 ard Roe, as defendant, on the 12th day of February, 1908, in the above entitled 264 cause in the circuit court of Cook county, Illinois, which was adjudgjed to the 265 said plaintiff as his costs, and pay over the same to the said plaintiff, John Doe. 1215 •* 266 Witness John Smith, clerk of said circuit court, and the seal thereof, at 267 Chicago, Illinois, this 12th day of February, 1908. 268 John Smith, Clerk. 269 Twelfth — Judgment fok defendant fob ketubn of property in replevin.] 270 A judgment in an action of replevin in favor of the defendant for the return 271 of property replevied shall be enforced by a writ of retorno habendo, or, in the 272 discretion of the court, by attachment of the defendant and a proceeding against 273 him as for a contempt of court, A writ of retorno habendo may be in substanti- 274 ally the following form: 275 In the Circuit Court op Cook County, Illinois. ,.l' 276 John Doe i / 277 V. ^Replevin. No. 20. ,, , 278 Richard Roe. ' 279 Writ of Retorno Habendo. 280 The People of the State of Illinois — Gtbebting to the sheriff of Cook county: 281 We command you that you, without delay, cause to be returned to Richard 282 Roe, the defendant in the above entitled aption, the following goods and chat- 283 tels, the return whereof was awarded to said defendant, Richard Roe, against 284 the said plaintiff, John Doe, by the judgment entered by the circuit court of 285 Cook county, Illinois, in said action on the 12th day of February, 1908, to-wit: 286 (Here describe goods and chattels.) 287 We also command you that of the lands and tenements, goods and chat- 288 tels of said plaintiff, John Doe, in your county, you cause to be made the sum 289 of six dollars and .fifty cents ($6.50), which said Richard Roe, as defendant, 290 recovered against said John Doe, as plaintiff, on the 12th day of February, 291 1908, in the above entitled action in the circuit court of Cook county, Illinois, 292 and pay over the same to the said defendant, Richard Roe. 293 Witness John Smith, clerk of said circuit court, and the seal thereof, at 294 Chicago, Illinois, this 12th day of February, 1908. 295 . . John Smith, CZerA;. 1216 296 Note. 297 When no judgment for costs is rendered in favor of the defendant, the last 298 paragraph of the above form may be omitted. 299 TMrteenth — Judgment in favor of inteevenee in eeplevin.] A judgment 300 in an action of replevin against the plaintiff and the defendant and in favor of 301 an intervener for the possession of property replevied shall be enforced by a 302 writ of possession, or, in the discretion of the court, by an attachment of the 303 plaintiff and a proceeding against him for a contempt of court. Such writ of 304 possession may be in substantially the following form : 305 In the Circuit Court of Cook County, Illinois. 306 John Doe 1 307 V. ^Replevin. No. 27. 308 Richard Roe. J 309 Writ op Possession. 310 The People of the State of Illinois — Greeting to the sheriff of Cook county : 311 We command you that you, without delay, take the following goods and 312 chattels, which Thomas Jones, as intervener, recovered against John Doe, as 313 plaintiff, and Richard Roe, as defendant, on the 12th day of February, 1908, 314 in the above entitled action in the circuit court of Cook county, and cause the 315 same to be delivered to said intervener, Thomas Jones, to-wit: 316 (Here describe goods and chattels.) 317 We also command you that of the goods and chattels, lands and tenements 318 of the plaintiff, John Doe, and of the defendant, Richard Roe, in your county, you 319 cause to be made the sum of six dollars and fifty cents ($6.50), which said 320 Thomas Jones, as intervener, recovered against said John Doe, as plaintiff, 321 and said Richard Roe, as defendant, on the 12th day of February, 1908, in the 322 above entitled action in the circuit court of Cook county, Illinois, which was ad- 323 judged to said intervener as costs, and pay over the same to the ^aid intervener, 324 Thomas Jones. 1217 325 Witness Jolm Smitli, clerk of said circuit court, and the seal thereof, at 326 Chicago, Illinois, this 12th day of February, 1908. 227 John Smith, Clerk. 328 Fourteenth — Judgment in tokt for wilful injury.] A judgment for 329 money against a defendant for a tort which is either a libel, slander, malicious 330 prosecution, false imprisonment, assault and battery, the commission of a fraud, 331 seduction, criminal conversation, or any other injury wilfully injlieted, may also 332 if the plaintiff so requires, be enforced by an execution against the body of the 333 defendant. The plaintiff's statement of claim in any such action shall be sufficient 334 prima facie evidence that the judgment was upon the claim therein set forth. 335 Such execution aarainst the body may be in substantially the following form : 336 In the Circuit Court of Cook County, Illinois. „}' 337 John Doe 338 V. f-Tort. No. 45. 339 Richard Roe. 340 Capias ad Satisfaciendum. 341 The People of the State of Illinois — Gtreeting to the sheriff of Cook county: 342 We command you that you take Richard Roe, defendant, if he may be 343 found in your county, and him safely keep as by law required and herein com- 344 manded, so that you have his body to satisfy John Doe, plaintiff, in the sum 345 of two thousand dollars ($2,000), which said John Doe, as plaintiff, recovered 346 against said Richard Roe, as defendant, on the 12th day of February, 1908. in 347 the above entitled action in the circuit court of Cook county, Illinois, and also 348 the further sum of six dollars and fifty cents ($6.50), which was adjudged to 349 the said plaintiff as costs, and pay over the same when collected to; the said 350 plaintiff, John Doe. You are also to take and keep said Richard Roe, defend- 351 ant, as by law required, until said sums be paid and satisfied, or until the said 352 defendant, Richard Roe, is discharged by due course or process of court, the 353 imprisonment of said defendant, Richard Roe, not to continue for a longer 354 period than six months from the date of arrest. 1218 '355 Witness Jota Smith, clerk of said circuit court, and the seal thereof, at 356 Chicago, Illinois, this 12th day of February, 1908. 357 John Smith, Glerh. 358 Fifteenth — Judgment in mandamus.] A judgment against a defendant in 359 an action of mandamus may be enforced by the attachment of the defendant and 360 a proceeding against him as for a contempt of court. 361 Sixteenth — Judgment in quo wabeanto.] A judgment against a defend- 362 ant in an action of quo warranto may be enforced in the manner heretofore cus- 363 tomary. 364 Seventeenth — Bastaedy judgment.] The payment of a judgment, or any 365 installment thereof against a defendant in an action of bastardy may be en- 366 forced by execution or by confinement of the defendant in the county jail until 367 such judgment or installment thereof, as the case may be, is paid, or the de- 368 fendant discharged according to law. ' 369 Eighteenth — Judgment fob defendant, gabnisheb ok intekvenee.] A judg- 370 ment in favor of a defendant, a garnishee or an intervener, for the recovery of 371 money, or of the possession of personal property or real estate, shall be en- 372 forced by an execution or writ or other proceeding similar to that hereinbefore 373 prescribed for a similar judgment in favor of a plaintiff. 374 Nineteenth — Judgment against municipal coepoeation.] A judgment 375 against a municipal corporation for the payment of money, shall be paid by 376 such municipal corporation in the manner provided by law, and, when not so 377 paid, the court entering the judgment may, upon the application of the party in 378 whose favor such judgment is rendered, and upon notice to such municipal cor- 379 poration enter such order as may be necessary to compel the proper performance 380 by the officers of such municipal corporation of their duties with respect to such 381 payment. 382 Twentieth — Judgment against executoe, etc.] A judgment against an ex- 383 ecutor, administrator, guardian, conservator, receiver or other person acting 384 merely in a representative capacity, for the payment of money, shall be paid in 1219 385 due course of administration in the manner provided by law, and such payment 386 shall be enforced by the court having jurisdiction over the settlement of the 387 accounts of such executor or other person acting in a representative capacity. 388 Twenty-first — Other cases.] In all cases not' otherwise provided for by 389 this Act final orders, judgments and decrees may be enforced in such manner 390 as .the courts entering the same may deem necessary or proper, or as the su- 391 preme court may, by rule, prescribe. . Sec. 1927. Sentence in cbiminal action not to contain ordeb for pro- 2 cess— how judgment enforced.] No judgment of sentence in a criminal action 3 shall contain any order for the issuance of any process or any directions to 4 any officer with respect to the enforcement thereof, but without any such order 5 or directions, immediately after the lapse of the time during which the execu- 6 tion of the judgment may be stayed in accordance with the provisions of this 7 Act, the clerk of the court in which the judgment is entered shall deliver to the 8 sheriff of the county in which the court is held a certified copy of such judg- 9 ment, specifying in the certificate thereto that such copy is delivered to the 10 sheriff for the execution of the judgment, and thereupon the method of en- 11 forcing such judgment shall be as follows: 12 First — Penitentiary sentence without fine.] When the sentence is that 13 the defendant be confined in the penitentiary or state reformatory and no fine 14 is imposed upon him, the sheriff shall forthwith convey the defendant to such 15 place of confinement and there deliver him to the warden or other officer in 16 charge thereof, together with such certified copy of the judgment, and such 17 warden or other officer shall receive the defendant and confine him in such place 18 of confinement in accordance with such judgment. 19 /S'ecow^Z— Death sentence.] When the sentence is death by hanging, the 20 sheriff, unless the execution of the judgment is stayed in the manner provided 21 by law, shall, on the second Monday after the lapse of ninety days from the 1220 22 date of the entry of the judgment, between the hours of ten o'clock a. m. and 23 four o'clock p. m. of said day, cause the defendant to be executed by hanging 24 in the manner heretofore customary. If the execution of the judgment is 25 stayed in the manner provided by law and such stay is vacated or set aside 26 by the affirmance of the judgment or otherwise, the court vacating or setting 27 aside such stay or affirming the judgment, as the case may be, shall enter an 28 order fixing the day for the execution of the judgment, or such order may be 29 entered by the court in which the judgment has "been rendered, and the clerk 30 of the proper court shall deliver to the sheriff a certified copy of such order, 31 together with a certified copy of thejud)gment as above provided for, and the 32 sheriff shall execute the judgment between the hours of ten o'clock a. m. and 33 four o'clock p. m., on the day so fixed. 34 Third — Penitentiary sentence with fine.] When the sentence is that the 35 defendant be confined in the penitentiary and that he pay a fine, or fine and 3.6 costs, and either stand committed, after the expiration of his term of imprison- 37 ment in the penitentiary, to the county jail until the fine, or fine and costs, are 38 paid, or until he is discharged in accordance with law, or to a house of cor- 39 rection or workhouse until the fine or fine and costs are paid, or worked out 40 by him, or until he is discharged in accordance with law, the sheriff shall 41 forthwith convey the defendant to the penitentiary and there deliver him to 42 the warden or other officer in charge thereof, together with such certified copy 43 of the judgment, and such warden or other officer shall receive the defendant 44 and confine the defendant in the penitentiary in accordance with such judg- 45 ment during the time specified therein, and shall thereafter deliver him to the 46 sheriff of the county in which the court is held, together with such certified 47 copy of the judgment and a certificate annexed thereto of the due execution 48 thereof Ijy such warden ; and, if the sentence is that the defendant stand cora- 49 mitted, after the expiration of his term of imprisonment in the penitentiary, 50 to the county jail until the fine or fine and costs are paid, the sheriff shall 1221 51 confine the defendant in the county jail accordingly until such fine or fine and 52 costs are paid, or the defendant is discharged in accordance with law; and if 53 the sentence is that the defendant stand committed, after the expiration of his 54 term of imprisonment, in the penitentiary, to a house of correction or work- 55 house until the fine or fine and costs are paid or worked out by him, or until 56 he is discharged in accordance with law, the sheriff shall deliver the defendant 57 to the keeper of the house of correction or workhouse, together with such cer 58 tified copy of the judgment and certificate of the warden, and such keeper 59 shall confine the defendant in such house of correction or workhouse until the 60 fine or fine and costs are paid or worked out by the defendant, or until the de- ■ 61 fendant is discharged in accordance with law. 62 Fourth— CovNTY jail, sentence without fine.] When the sentence is 63 that the defendant be confined in the county jail and no fine is imposed upon 64 him the sheriff shall immediately confine the defendant in such county jail in 65 accordance with such judgment. 66 Fifth— CoTjNTY jAlL SENTENCE WITH FINE.] When the sentence is that the 67 defendant be confined in the county jail and that he pay a fine or fine and costs, 68 and' that after the expiration of the term of imprisonment fixed in the judg- 69 ment he further stand committed to such county jail until the fine or fine and 70 costs are paid, the sheriff shall forthwith confine the defendant in such county 71 jail during the term fixed in the judgment for such imprisonment and there- 72 after until the fine or fine and costs are paid or until the defendant is dis- 73 charged in accordance with law. 74 Sixth— HovsE of cobkection, etc., sentence without fine.] When the 75 sentence is that the defendant be confined in a house of correction, or work- 76 house, and no fine is imposed upon him, the sheriff shall forthwith convey the 77 defendant to such house of correction or workhouse and there deliver him 78 to the keeper thereof, together with the certified copy of the judgment afore- 79 said, and such keeper shall receive the defendant and confine him , in such 1222 80 house of correction or workhouse in accordance with such judgment during 81 the time specified therein. 82 Seventh— 'Rojjs-Ei of coebection, etc., sentence with fine.] When the 83 sentence is that the defendant be confined in a house of correction or work- 84 house and that he pay a fine or fine and costs, and that after the expiration 85 of the term of imprisonment fixed in such judgment he further stand commit- 86 ted to such house of correction or workhouse until the fine or fine and costs are 87 paid or worked out by the defendant, the sheriff shall forthwith convey the 88 defendant to the house of correction or workhouse and there deliver him to 89 the keeper thereof, together with such certified copy of the judgment, and such 90 keeper shall receive the defendant and confine him in such house of correction 91 or workhouse in accordance with such judgment during the time specified 92 therein for such imprisonment and thereafter until the fine or fine and costs 93 are paid or worked out by the defendant, or until the defendant is discharged 94 in accordance with law. 95 ^i^Mfe— Sentence of fine only with commitment to jail, etc.] When 96 the sentence is that the defendant pay a fine or fine and costs and that he 97 stand committed to the county jail until the fine or fine and costs are paid or 98 until he is discharged in accordance with law, the sheriff shall immediately pro- 99 ceed to confine the defendant in such county jail until the fine or fine and costs are 100 paid or until the defendant is discharged in accordance with law. 101 Ninth — Sentence of fine only with commitment to workhouse, etc.] 102 When the sentence is that the defendant pay a fine or fine and costs and that 103 he stand committed to a house of correction or workhouse until the fine or fine 104 and costs are paid or worked out by the defendant, or until he is discharged 105 in accordance with law, the sheriff shall forthwith convey the defendant to the 106 house of correction or workhouse and there deliver him to the keeper thereof, 107 together with such certified copy of the judgment, and such keeper shall re- 108 ceive the defendant and confine him in such house of correction or workhouse 1223 109 until the fine or fine and costs are paid or worked out by the defendant, or 110 until the defendant is discharged in accordance with law. Sec. 1928. Judgment in municipal obdinance case not to contain order 2 for process— how judgment enforced.] No judgment imposing a fine or pen- 3 alty in a quasi criminal action brought to recover a fine or penalty for the 4 violation of a municipal ordinance shall contain any order for the issuance of 5 any process or any directions to any officer with respect thereto, but the judg- 6 ment shall provide that the defendant shall be confined either in the county jail, 7 house of correction or workhouse until the fine or fine and costs are paid, and 8 without any such order for the issuance of process or any directions to any 9 officer with respect thereto, the clerk of the court in which the judgment is entered 10 shall, after the lapse of the time during which the execution of the judgment may 11 be stayed in accordance with the provisions of this act, deliver a certified copy 12 of such judgment to the sheriff of the county in which the court is held, specify- 13 ing in such certificate that such copy is delivered to the sheriff for the 14 execution of the judgment, and thereupon such judgment shall be enforced as 15 follows : 16 Firs^— Judgment for fine with commitment to county jail, etc.] When 17 the judgment is that the defendant pay a fine or fine and costs and that he 18 stand committed to the county jail until the fine or fine and costs are paid, the 19 sheriff shall immediately proceed to confine the defendant in such county jail 20 until the fine or fine and costs are paid or until the defendant is discharged 21 in accordance with law. 22 Second— JvBGM^TfiT for fine with commitment to house of correction. 23 ETC.] When the judgment is that the defendant pay a fine or fine and costs 24 and that he stand committed to a house of correction or workhouse until the 25 fine or fine and costs are paid, or until he is discharged in accordance with 26 law, the sheriff shall forthwith convey the defendant to the house of correc- 27 tion or workhouse and there deliver hiifl to the keeper thereof, together with 1224 28 such certified copy of the judgmeiit, and such keeper shall receive the defend- 29 ant and confine him in such house of correction or workhouse until "the fine 30 or fine and costs are paid or worked out by the defendant, or until the de- 31 fendant is discharged in accordance with law. Sec. 1923. Officer receiving body of defendant to execute receipt — 2 forms.] Upon the delivery by the sheriff to the warden of the penitentiary, 3 keeper of a workhouse or house of correction, or superintendent of the state re- 4 formatory, or by the warden of the penitentiary to the sheriff, of the body of 5 any defendant as hereinbefore provided, the officer so receiving the body of the 6 defendant shall execute and deliver to the officer from whom the same is re- 7 ceived a receij^t therefor. The following -forms of receipts provided for in this 8 section shall be deemed sufficient and shall be taken as furnishing suggestions 9 from which other receipts may be properly framed : 10 1. Receipt by warden to sheriff. 11 In the Criminal Court of Cook County, Illinois. 12 The People of the State of Illinois 13 V. {"Criminal. No. 40. 14 Richard Roe. 15 Receipt for Body of Defendant. 16 Received from Thomas Jones, sheriff of Cook county, Illinois, the body of 17 Richard Roe, the defendant in the above entitled action, to be confined by me in 18 the penitentiary at Joliet in accordance with the judgment entered in said 19 action February 12, 1908. 20 Dated at Joliet, Illinois, February 26, 1908. 21 Thomas Smith, Warden. 1225 22 2. Receipt of keeper op house of coebection to sheriff. 23 In the Criminal Court of Cook County, Ilunois. 24 The People of the State of Illinois 1 25 V. ^Criminal. No. 75. 26 Eichard Eoe. J 27 Receipt foe Body of Defendant. 28 Received from Thomas Jones, sheriff of Cook county, Illinois, the body of 29 Eichard Roe, the defendant in the above entitled action, to be confined by me 30 in the house of correction of the City of, Chicago in accordance with the judg- 31 ment entered in said action February 12, 1908. 32 Dated Chicago, Illinois, February 12,. 1908. 33 James Smith, Superintendent. 34 3. Receipt by sheriff to warden. 35 In the Criminal Court op Cook County, Illinois. 36 The People of the State of Illinois ] 37 V. ^Criminal. No. 40. 38 Richard Roe. i 39 Receipt for Body of Defendant. 40 Received from Thomas Smith, warden of the penitentiary at Joliet, the 41 body of Eichard Roe, the defendant in the above entitled action, for the exe- 42 cution of the judgment entered in said action February 12, 1908, so far as the 43 same still remains to be executed. f 44 Dated at Joliet, Illinois, January 10, 1909. ' 45 Thomas -Jones, Sheriff. Sec. 1930. Receipt to be filed with clerk of court.] Every receipt ex- 2 ecuted and delivered in pursuance of the preceding section shall be returned 3 by the person receiving the same to the clerk of the court in which the judgment 4 has been entered, an^ the same shall be filed' by such clerk as a part of the 5 record of the action. 1226 Sec. 1931. Forms of judgment a.nd certificates.] The following forms 2 of judgment in a criminal action, certificate of the clerk and certificate of the 3 warden of the penitentiary hereinbefore provided for, shall be deemed suffi- 4 cient and shall be taken as furnishing suggestions from which other judgments 5 and certificates may be properly framed: 6 1. Judgment. 7 In the Criminal Court of Cook County, Illinois. 8 The People of the State of Illiuois 1 Criminal. No. 25, 9 V. y February 10, 1908. 10 Richard Eoe. J Before Hon. John Jones, Judge. 11 This day the court, the defendant being present, doth sentence the defend- 12 ant upon his plea of guilty herein to imprisonment in the penitentiary at 13 Joliet for the period of three years from and after his delivery to the warden 14 thereof. 15 2. Certificate of clerk. 16 In the Criminal Court of Cook County, Illinois. 17 The People of the State of Illinois ] 18 V. ^ Criminal. _ No. 25. 19 Eichard Eoe. J 20 Certificate of Clerk. 21 I, Henry Brown, clerk of the criminal court of Cook county, Illinois, do 22 hereby certify that the annexed is a true copy of a judgment entered by said 23 criminal court of Cook county, Illinois, in the above entitled action on Febru- 24 ary 10, 1908, and that said copy is delivered to the sheriff of Cook county, Illi- 25 nois, for the execution of said judgment. 26 Witness my hand and the seal of said court, at Chicago, in said county of 27 Cook, this 15th day of March, 1908. 28 Heney Brown, Clerk. 1227 29 3. Ceetifioate of "wabden op penitentiaey. 30 In the Ceiminal Cotjet of Cook County, Illinois. 31 The People of ,the State of Illinois 1 32 V. ^Criminal. No. 25. 33 Richard Eoe. J 34 Ceetipicatf, of Waeden of Penitentiaey. 35 I, Thomas Smith, warden of the penitentiary at Joliet, Illinois, do hereby 36 certify that the judgment of which the annexed is a certified copy has been duly 37 executed by the confinement of the defendant Richard Rbe, in the penitentiary 38 at Joliet, for the period specified in said judgment. 39 Dated at Joliet, Illinois, November 10, 1908. 40 Thomas Smith, Warden. Sec. 1932. Peesumptions in case of sentence to woekhouse oe house of 2 coEEECTiON.] It sliall be unnecessary in any judgment in any criminal or 3 quasi criminal action sentencing or committing any defendant to any work- 4 house or house of correction for any term of imprisonment, or until any fine 5 or fine and costs are paid or worked out by the defendant, or until the defend- 6 ant is discharged in accordance with law, or in any record entry in any such 7 action, ,to recite any contract between any county and another municipal cor- 8 poration authorizing the use of such workhouse or house of correction for such 9 purpose, but the right of such county or other municipal corporation to the 10 use of such workhouse or house of correction for such purpose shall be presumed 11 and the same shall be subject to question only at the suit of such county or other 12 municipal corporation. Sec. 1933. Pebsencb of paety need not be shown by eecoed.J Excepting 2. as may otherwise be expressly provided by this Act, it shall be unnecessary that 3 the record, or any entry therein, in any action or proceediag, whether civil, 4 criminal or quasi criminal, show the presence in court of the parties, or either 1228 5 of them, or of their respective attorneys, during, the progress of the proceed- 6 ings therein recorded, but, in the absence of any recital showing the contrary 7 contained either in a record entry or in a report of the proceedings settled and 8 signed by the judge, the presence of the parties and of each of them at the 9 entry of each order, judgment or decree and during all of the proceedings of 10 the court connected therewith shall be conclusively presunied. Sec. 1934. Entry of filing or approval of bond — effect of entry in case 2 OF LOSS or destruction of bond.] Every minute of the filing or approval of 3 a bond in any action or proceeding shall specify the kind of bond filed or 4 approved, the penalty thereof and the obligors named therein, and the date 5 thereof shall also be specified, if the same be different from the date of the 6 entry of the minute. In case of the loss or destruction of any bond so filed, a 7 certified copy of the entries in the register and minute book in the action or 8 proceeding in which such bond has been filed shall be prima facie evidence of 9 the execution and delivery of the bond by the obligors in such minute named, 10 that the penalty of said bond was as specified in such minute and that the 11 obligee therein and the condition thereof were such as, by the terms of this 12 Act, were required to be executed in such action or proceeding. Sec. 1935. Abbreviations.] In the makii^g of entries upon the books of 2 record of courts of record in abbreviated forms, the following abbreviations, to- 3 gether with such others as may be prescribed from time to time by the supreme 4 court, may be used: 5 Abbreviations. A. 6 Account— acct. 7 Action— acn. 8 Ad damnum — addam. 9 Additional — addl. 1229 10 Adjudication — adjctn. 11 Adjustment — adjstmt. 12 Administration — admnsn. 13 Administrator — admr. 14 Administrator de bonis non— admr de b n. 15 Administrator to collect — admr to coll. 16 Administrator with the will annexed — admr cum test anx. 17 Administratrix — admrx. 18 Affidavit— aff. 19 Affidavit as to non-residence — aff non-res. 20 Affidavit as to unknown heirs and devisees — aff unk h & dev. 21 Affidavit as to unknown owners — aff unk ownrs. 22 Affidavit in abatement— aff abat. 23 Affidavit in attachment — aff attach. 24 Affidavit in replevin — aff replvn, 25 Affidavit of cause of action — aff cause acn. 26 Affidavit of claim — aff cl. 27 Affidavit of merits — aff mer. 28 Affidavit of service— aff serv. 29 Affidavit of service of notice of motion — aff serv not mo. 30 Affirmed— affd. 31 Against — ^v. 32 Agreement-^agr. 33 Alias summons — al sums. 34 Allowed— alld. 35 Amend — amd. 36 Amendatory and supplemental bill of complaint — amdty & suppl bl complt. 37 'Amended — amdd. 38 Amended bill of complaint — amdd bl complt. 1230 39 Amended cross-bill of complaint — amdd or bl complt. 40 Amended supplemental bill of complaint — amdd suppl bl complt. 41 Amendment — amdmt. 42 Answer — ans. 43 Appeal — appl. 44 Appellant — applnt. 45 Appellate — applt. 46 Appellate court — applt ct. 47 Appellee — applee. 48 Appearance— app. 49 Application — applcn. 50 Appointing — apptg. 51 Appointment— appnt. 52 Approve — apprv. 53 Approved — apprvd. 54 Arraigned— ari-nd. 55 Assess — ass. 56 Assessed — ^assd. 57 Assessment of damages — assmt das. 58 Assistant receiver — asst recvr. 59 Attached — attachd. 60 Attachment — attach. 61 Attachment bond — attach bd. 62 Attachment in aid — attach in aid. 63 Attachment of water craft — attach wat cr. 64 Attorney — atty. 65 Attorney's— atty 's. 66 Attorneys— attys. 67 Attorneys'— attys'. 68 Authenticated record — authent rec. 1281 69 ' B. 70 Bailiff— biff. 71 Bailiff's-blff's. 72 Bailiffs— biffs. 73 Bailiffs'— biffs'. 74 Balance— bal. 75 Bastardy — ^bastdy. 76 ' Bill— bl. 77 Bill of complaint— bl complt. 78 Bill of exceptions — bl except. 79 Bill of intervention — ^bl interv. 80 Bill of review — bl rev. 81 Bond— bd. 82 Branch appellate court — br applt ct. 83 C. 84 Capias — ca. 85 Capias ad respondendum — ca res. 86 Capias ad satisfaciendum — ca sa. 87 Certificate — cert. 88 Certificate of deposit— cert. dep. 89 Certificate of evidence — cert ev. 90 Certificate of purchase — cert purch. 91 Certificate of redemption — cert redemp. 92 Certiorari — certri. 93 Certiorari to justice of the peace— certri j p. 94 Challenge — chall. 95 Change of venue — ch ven. 96 Charge to jury — ch to j. 87 Chief justice — ch j. 98 Circuit — cir. 1232 99 Circuit court — cir ct. 100 Circuit Court of United States— cir ct U. S. 101 Citation— cit. 102 City court — city ct. 103 Civil— civ. 104 Civil contempt — civ cont. 105 Claimant — clmt. 106 Claimant's — clmt's. 107 Claimants— clmts. 108 Claimants'— clmts'. 109 Clerk— elk. 110 Committed — comtd. 111 Commitment — comtmt. 112 Complaint — complt. 113 Conditional — condtl. 114 Confession — confessn. 115 Confession of judgment — confessn judg. 116 Conservator — conserv. 117 Conservatorship — conservshp. 118 Contempt — cont. 119 Co-partnership — co-partp. 120 County — co. 121 County court— co ct. 122 County court house — co ct h. 123 Court— ct. 124 Court house— ct h. 125 Creditor — credr. 126 Creditor's — credr 's. 127 Creditor's bill — credr 's bl. 1233 128 Creditors — credrs. 129 Creditors ' — credrs '. 130 Criminal — crim. 131 Cross bill— er bl. 132 Cross defendant — er deft, 133 Cross examination — er exam. 134 Cross plaintiff— er plff. 135 D. 136 Damages — das. 137 Deceased — dec'd. 138 Declaratory decree — decl deer. 139 Decree — deer. 140 Decree for partition — deer part. 141 Decree for sale — deer sale. 142 Decree of divoree^deer div. 143 Default— dflt. 144 Defaulted— dfltd. 145 Defendant — deft. 146 Defendant in error— deft in er. 147 Defendant's— deft 's. 148 Defendants — defts. 149 Defendants'— defts'. 150 Delivered — deld. 151 Delivery bond — del bd. 152 Demand — demd. 153 Demurrer — dem. 154 Denial — denl. 155 Denied — den. ntw :, 1234 156 Deposit — ^dep. 157 ' Deposited — depd. ' \ 158 Deposition — depstn. 159 Depository — depsty. 160 Deputy — dep. 161 Devisee — dev. 162 Discharge — disch. 163 Discharged — dischd. 164 Discharge in bankruptcy — disch bankr, 165 Disclaimer — disclr. 166 Dismiss — dis. 167 Dismissed — disd. 168 Dissolution-^dissbi. ' 169 Dissolve — ^diss. 170 Dissolved — dissd. 171 Distress for rent — distr rent. 172 Distress warrant — distr war. 173 Distribution — distrbn. 174 District — distr. 175 Divorce — div. 176 Domain — dom. 177 E. 178 Ejectment — ejctmt. 179 Eminent — em. 180 Eminent domain — em dom. 181 Entered — ent. , • 182 Entering — entg. 183 Equity — eq. 184 Error — er. 1235 185 Estate— est. : ; 186 Evidence — ev. 187 Examination — exam. 188 Examination proceeding — exam proc. 189 Exceptions — excptns. 190 Execution — exeen. 191 Executed — execd. 192 Executor — execr. 193 Executrix — execx. 194 Exemption — exempn. 195 Exonerated — exond. 196 Extended— extd. ' 197 Extension — extnsn. ' 198 F. 199 Federal— fed. 200 File— fl. ' 201 Filed-fld. 202 Final— fnl. 203 Finding— fndg. 204 Forcible detainer — fore detnr. 205 Foreclosure — forecl. 206 Forfeited— forfd. 207 Forfeiture— forfr. 208 Foreign corporation — forgn corp. 209 Forthcoming bond — forthc bd. 210 Fraud and circumvention — fr & circumv. 211 Further— furth. 1236 212 G. 213 Garnishee — ^garn. 214 Garnishee's — gam's. 215 Garnishees— garns, 216 Garnishees' — gams'. 217 Garnishment — garnmt. 218 , General — gen. 219 General execution — gen execn. 220 General and special execution — gen & spec execn. 221 Granted— grtd. 222 Grounds — grds. 223 Guardian — guard. 224 Guardianship — guardp. 225 Guilty— g. 226 . ^ H. 227 Habeas corpus — ^hab corp. 228 Heard— hd. 229 Hearing — ^hrg. 230 Homestead — ^homstd. 231 House of correction — ^h of c. 232 ' I. 233 Illinois— HI. 234 Impaneled — impnld. 235 Imprisonment — imprist. 236 Information — inform. 237 Inhabitants — ^inhabts. 238 Injunction — injunc. 239 Insane — insn. ]2E7 240 Inspection — inspcn. 241 Instanter — instr. 242 Interlocutory — intrly. 243 Interlocutory injunction— .intrly injunc. 244 Interlocutory order — intrly ord. 245 Interrogatory — interty. 246 Interrogatories — intertys. 247 Intervener — intvnr. 248 Intervener's — intvnr 's. 249 Interveners — intvnrs. 250 Interveners ' — intvnrs '. 251 Intervention — intvntn. 252 Inventory — invnty. 253 Issue— ^iss. 254 Issued — issd. 255 J. 256 Judge— jdg-. 257 Judgment— judg. 258 Judicial notice — jud not. 259 Jurisdiction — juri sdn. 260 Juror — jr. 261 Jurors — ^jrs. 262 Jury— j. 263 Justification — justfcn. 264 L. 265 Leave — ^Iv. 266 Legatee— legt. 267 Liberum tenementum^ — lib tentm. 268 License— Uc»s. 1238 269 ' " M. 270 Maintenance — maint. 271 Mandamus — ^mand. 272 Mandatory injunction — ^mandty injunc. 273 Master — ^mast. 274 Master's report — mast rep, or rep of mast. 275 Merits — ^mer. 276 Misjoinder — ^misjdr. 277 Mortgage — ^mortg. ' 278 Motion— mo. 279 Multifariousness — multfns. ' 280 Municipal — ^munic. 281 Municipal court — ^munic ct. 282 N. 283 Ne exeat — ne ex. 284 New trial— n tr. 285 Nolle prosequi — ^nol pros. 286 Non cepit — non cep. 287 Non compos mentis — ^non comp men. 288 Non damnificatus — non damfts. 289 Non detinet — non det. 290 Non est factum — non est fact, 291 Non-residence — non-res. 292 Not guilty— not g. 293 Notice— not. 294 Notice by publication—not pub. 295 Nul tiel record— nul tie! rec, 1239 296 0. 297 Objection — objtn. 298 Objections — objtns. 299 Official— offl. 300 Official receiver — offl rec. ' 301 Order — ord. 302 Ordered— ordd. 303 Ordinance — ordnc. 304 Original — orig. 305 Overruled — overr. 306 ■■• ,^ P. 307 Paid— pd. 308 Paragraph — par. 309 Partial— part. 310 Partition — partn. 311 Peace proceeding— pc proc. 312 Penitentiary — ^penty. 313 People — peo. 314 Performance — perfmc. 315 Person — pers. 316 Personal— persl. 317 Personal service — persl serv. 318 Petition— pet. 319 Petition for change of venue-^pet ch ven. 320 Petition for citation to garnishee — pet cit garn. 321 Petition for rehearing— pet rehrg. 322 Petition for intervention — ^pet intrvn. 323 Petitioner— petnr. 1240 324 Petitioner's — petnr's. 325 Petitioners — petnrs. 326 Petitioners' — petnrs'. 328 Plaintiff's— plff's. 327 " Plaintiff— plff. 329 Plaintiffs -plff s. 330 Plaintiffs'— plff s'. 331 Plead— pld. 332 Pleadings — pldgs. 333 Pluries summons— plur sums. 334 Pluries writ — ^plur wr. 335 Possession — poss. 336 Praecipe — ^praec. 337 Prejudice of judge — prej jdg. 338 Present — ^prest. 339 President — ^pres. 340 Preventive injunction — ^prev injunc. 341 Principal — ^princ. "342 Probate — ^prob. 343 Probate court — prob ct. 344 Probate appeal — prob app. 345 Proceeding — proc. 346 Pro confesso — pro eonf. 347 Proof— prf. 348 Proofs— prfs. 349 Proof of publication of notice — prf pub not, 350 Property — prop. 351 Property in defendant — ^prop in deft, 352 Property in tWrd person — ^prop in third pers, 1241 353 Q. 354 Quash — qu. 355 Quashed — qud. 356 Quashing^-qug. 357 Quasi criminal — quasi crim. 358 Quo warranto — quo warr. 359 Quarterly installments — quartly instelte. 360 E. 361 Eailroad — r r. 362 Beceiver — recr. 363 Recognizance — recogc. 364 Recognize — recog. 365 Record — rec. 366 * Redemption-^redempn. 367 Re-examination — re-exam. 368 Reformatory — rfrmty. 369 Rehearing — rehrg. 370 Rejoinder— rejndr. 371 Relator — reltr. 372 Remand — rem. 373 , Remanded — remd. 374 Replevin — replvn. " M 375 Replication — replcn. 376 Report — rep. 377 Report of master — rep of mast, or mast rep, 378 Report of proceedings — rep proc. 379 Report of receiver — rep recr. 380 Respondent— respnt, 1242 409 Statement of claim — st cl. " ' 410 Statement of intervener's claim — st intvnr's cl. 411 Statement of ultimate facts — st ult facts, 412 Statute— Stat. 413 Statute of frauds — stat frds. 414 Statute of limitations — stat lim. 415 Stay of proceediags — stay proc. 416 Stay order — stay ord, 417 Stipulation — stip. ' 418 Stricken — strka. ' 419 Subject-matter — subj-mat. « 420 Subpoena — subp. 421 Substituted — substd. 422 Substitution — substn. 423 Suggest — sug. 424 Suggested — sugtd. 425 Summons — sums. 426 Superior court — super ct. 427 Superior court of Cook county — super ct Cook co. 428 Supersedeas — supsds. 429 Supplemental bill — suppl bl. ' 430 Supplementary proceedings — supply proc. 431 Supreme court — sup ct. 432 Supreme court of the United States— sup ct U. S. 433 Surety — sury. 434 Sureties — surys. 435 Surrender — surr. 436 Sustained — sustd. 1243 381 Return— ret. 382 Returned— retd. 383 Return of service — ret serv. 384 Retorno habendo — ret hab. 385 Reversed — revd. 386 Reversed and remanded — revd & remd. 387 Reversing — revg. 388 Revival of judgment — revl judg. 389 Rule— rl. , . 390 S. 391 Satisfaction — satfn. 392 Satisfied— sat. 393 Schedule— schedl. i 394 Scire facias — sci fa. ' 395 Search — srch. ' 396 Search warrant — srch war. 397 Sentenced — sentd. 398 Sentence — sent. ' 399 Separate — sep. ' 400 Served — serv. 401 Service — serv. 402 Set aside — set as. 403 Sheriff— shrf. 404 Special — spcl. 405 Specification of defense — spec def. 406 Specification of defenses — spec defs. 407 Specification of judge as ineligible — spec jdg inlgbl, 408 Stand— std, 1244 437 T. 438 Tax proceeding — tax proc. 439 Tender— tend. 440 Testament — .test. 441 Transcript — trnspt. 442 Transmitted — transmtd. 443 Trial— tr. 444 Trial by the court— tr by ct. 445 Trial by jury — tr by j. 446 Trespass — ^tressp. • ' 447 Trustee — trust. 448 V. 449 Vacate — ^vac. 450 Venditio rei exponas — ^vend rei exp. 451 Venue — ^ven. 452 Verdict — ^verd. 453 . W. 454 Waiver — ^wavr. 455 Want of consideration — ^wt consid. 456 Want of jurisdiction — ^wt jursdn. 457 Want of prosecution — ^wt pros. 458 Warrant — ^war. 459 Warrants — wars. 460 Witness — ^witn. 461 Witnesses — ^witns. 462 Workhouse — workh, 463 ' Writ— wr. 464 Writ of attachment— wr attach. 1245 465 Writ of habeas corpus — ^wr hab corp. 466 Writ of ne esxeat— wr ne ex. 467 Writ of possession — wr poss. 468 Writ of replevin — ^wr replvn. 469 Writ of restitution — wr rest. 470 Writ of retomo habendo — ^wr ret hab. ' Sec. 1936. Illxtstbations op abbreviations of miscellaneous matters.] The 2 following will serve as illustrations of the abbreviations of entries of miscellan- 3 eous matters in the register and minute book in accordance with the provisions 4 of this Act : 5 (1) 6 Praecipe, statement of claim, and affidavit of claim filled. ' 7 < abbbbviation. 8 Praec. st cl & aff cl fld. 9 (2) 10 Praecipe and affidavit filed and attachment bond for $2,000, with John Doe 11 as principal, William Doe and Henry Doe, as sureties, filed and approved and 12 attachment writ issued for the appearance of the defendant February 19, 1908. 13 abbbbviation. 14 Praec & aff fld & attach bd $2000 John Doe princ Wm Doe & Henry Doe 15 surys fld & apprvd & attach wr issd for app deft Feb. 19, 1908. 16 (3) 17 Attachment writ filed returned duly served and executed. 18 abbbbviation. I, ^ 19 Attach wr fld retd due serv & execd. 20 (4) 21 Defendant's appearance, specification of defenses, affidavit denying grounds 22 of attachment and demand for trial by jury filed. 1246 23 ABBBBVIATION. 24 Deft's app, spec defs, aff deng grds attach & demd j tr fld. 25 (5) 26 Trial by jury. Verdict for defendant as to attachment and for plaintiff as 27 to merits and plaintiff's damages assessied at $300. Judgment on verdict in 28 favor of defendant quashing attachment and for plaintiff against defendant for 29 $300 and costs. 30 ABBREVIATION. 31 J tr. Verd for deft as to attach & for plff as to mer &~plff 's das assd $300. 32 Judg on verd for deft qug attach & for plff v deft $300 & costs. 33 (6) 34 Motion of plaintiff for additional time to tender report of proceedings 35 filed and entered. 36 ABBBEVIATIOliT. 37 Mo plff addl time for rep proc fld & ent. 38 (7) 39 Plaintiff allowed thirty days additional time for tendering report of pro- 40 ceedings. 41 ABBBBVIATION. 42 Plff alld 30 days addl time for rep proc. 43 (8) 44 Motion of plaintiff for appointment of receiver filed and entered. 45 ABBBBVIATION. 46 Mo plff appnt rec fld & ent. ' ! , 47 (9) 48 Motion of defendant for a change of venue filed, entered and denied. 49 ABBBBVIATION. 50 Mo plff ch ven fld, ent & den. . ; ;7 . ■i i '. . . 1247 51 (10) 52 Motion by plaintiff for leave to amend bill of complaint, 53 ABBBBVIATION. 54 Mo plff Iv to amd bl complt. 'I' 55 (11) ;: 56 Motion by defendant for leave to file amended cross bilL 57 ABBBBVIATION. i 58 Mo deft Iv to fl amdd cr bl. 59 (12) ! ,60 Motion by plaintiff for a rule on defendant. : ~ '■':: 61 ABBREVIATION. ; ' . ! 62 Mo plff rl on deft. 63 (13) 64 Motion by defendant to quash information filed, entered and overruled. 65 . , 1 ;. ABBBEVIATION. 66 Mo deft qv inform fld, ent & overr. " Sec. 1937. Forms of .veedicts in crviL,, etc., actions, with abbbeviations.] 2 The following forms of verdicts in actions at law, other than criminal actions 3 and quasi criminal actions brought for the recovery of fines or penalties for the 4 violation of ordinances of municipal corporations, together with the abbreviated 5 forms for the entry thereof in the register and minute. book, shall be deemed 6 sufficient and shall be taken as furnishing suggestions from which other forms 7 of verdicts in such actions may be properly framed and abbreviated: 8 1. Fob plaintiff with damages in action fob money other than attach- 9 MENT. 10 We, the jury, find for the plaintiff and assess his damages at five hundred 11 dollars ($500). 12 abbbewated poem. , ; ! ""' 13 Verd for plff $500 das. '~ " '" i 1248 14 2. Fob dependant without damages in action for money other than 15 attachment. 16 We, the jury, find for the defendant. 17 ABBREVIATED FORM. 18 Verd for deft. 19 3. Fob defendant with damages in action fob money other than attach- 20 ment. 21 We, the jury, find for the defendant and assess his damages at five hundred 22 dollars ($500). 23 abbreviated form. ^ 24 Verd for deft $500 das. 25 4. For plaintiff as to one defendant and against plaintiff as to another 26 defendant in action for money other than attachment. 27 We, the jury, find for the plaintiff as against the defendant Richard Roe 28 and assess plaintiff's damages at $500, and we find against the plaintiff as to 29 the defendant Henry Roe. 30 abbreviated form. 31 Verd for plff v deft Richard Roe $500 das & for deft Henry Roe v plff. 32 5. For plaintiff in attachment, either when there is no issue as to 33 the attachment, or when both issues are found in plaintiff's favor. 34 We, the jury, find for the plaintiff and assess his damages at five hundred 35 dollars ($500). 36 abbreviated form. 37 Verd for plff $500 das. 38 6. For plaintiff in attachment when the finding is in his favob as to 39 THE meeits, but against him as to the attachment. 40 We, the jury, find for the plaintiff as to the merits and in favor of the de- 41 fendant as to the attachment, and we assess the plaintiff's damages at five 42 hundred dollars ($500). 1249 43 ABBREVIATED FORM. 44 Verd for plff on mer $500 das & for deft as to attach. 45 7. For defendant in attachment when the finding is in his favoe as to 46 the merits, without damages, either when there is or when there is not 47 an issue as to the attachment. 48 We, the jury, find for the defendant. 49 ABBREVIATED FORM. 50 Verd for deft. 51 8. For defendant in attachment, with damages, when the finding is in 52 his favor as to the merits with damages, either when there is or when 53 there is not an issue as to the attachment. 54 We, the jury, find for the defendant and assess his damages at five hun- 55 dred dollars ($500). 56 ABBREVIATED FORM. 57 Verd for deft $500 das. 58 9. For plaintiff and against garnishee in attachment. 59 We, the jury, fifid a,gainst the garnishee, William Eoe, and assess the dam- 60 ages at five hundred dollars ($500). 61 . abbreviated FORM. 62 Verd v gam Wm Roe $500 das, 63 10. For garnishee in attachment. 64 We, the jury, find in favor of the garnishee, William Eoe. 65 ABBREVIATED FORM. 66 Verd for garn Wm Roe. 67 11. For plaintiff in trial of right of property as to all the property. 68 We, .the jury, find for the plaintiff. 69 ABBREVIATED FORM. 70 Verd for plff. 1250 71 12. Fob defendant in teial of eight of peopekty as to all the peopeety. 72 We, the jury, find for the defendant, 73 abbbeviated foem. 74 Verd for deft. 75 13. Foe plaintiff in teial of eight of peopeety as to paet of peopeety 76 and defendants as to eemaindeb. 77 We, the jury, find for the plaintiff as to the bay horse with white star in 78 forehead and for the defendants as to the remainder of the property claimed. 79 ABBEEVIATED FOEM. 80 Verd for plff as to bay horse white star in forehead & for defts as to bal 81 prop. 82 14. Foe plaintiff in mandamus, quo waeeanto, actions on eecognizances 83 and actions of bastardy. 84 We, the jury, find for the plaintiff. 85 ABBEEVIATED FOEM. 86 Verd for plff. 87 15. Foe defendant in last mentioned actions. 88 We, the jury, find for the defendant. 89 ABBEEVIATED FOEM. 90 Verd for deft. 91 16. In favoe of the validity of the will in action to contest last wili. 92 and testament. 93 We, the jury, find in favor of the will. 94 ABBEEVIATED FOEM. 95 Verd for will. l25i 96 17. Against the validity op the will in action to contest last will and 97 testament. 98 We, the jury, find against the will. 99 abbreviated form. 100 Verd against will. 101 18. Foe plaintiee in eorcible detainer as to all the premises without 102 RENT or damages. 103 We, the jury, find for the plaintiff. 104 ' ABBREVIATED FORM. 105 Verd for plff. 106 19. For pijaintiep in forcible detainer as to all the premises with rent 107 or damages. 108 We, the jury, find for the plaintiff for possession and rent and assess the 109 rent (or damages, as the case may be) at five hundred dollars ($500). 110 ABBREVIATED FORM. 111 Verd for plff for poss & rent (or das) $500. 112 20. For plaintiff in forcible detainee as to part of pebmisbs without 113 eent oe damages and as to defendant foe balance of peemises. 114 We, the jury, find for the plaintiff as to Lot one in Block Two in the City 115 of Joliet, and for the defendant as to the remainder of the property claimed. 116 abbeeviated foem. 117 Verd for plff for Lot 1 Bl 2 city of Joliet & for deft as to bal prop. 118 21. For defendant in foecible detainee as to both the premises and eent 119 oe damages. 120 We, the jury, find for the defendant. 121 ABBEEVIATED FORM. 122 Verd for deft. 1252 123 22. FOK PLAINTIFF IN FORCIBLE DETAINEE AS TO THE PREMISES AND FOR DE- 124 PENDANT AS TO RENT OR DAMAGES. 125 We, the jury, find for the plaintiff as to the premises and for defendant 126 as to the rent (or damages, as the case may be). 127 ABBREVIATED FORM. 128 Verd for plff for poss & for deft as to rent (or das). 129 23. For plaintiff in replevin when defendant is guilty of unlawful 130 TAKING or detention AND THE RIGHT OF PROPERTY IS IN THE PLAINTIFF. 131 We, the jury, find the defendant guilty, with one cent damages, and that 132 the right to the property replevied is in the plaintiff. 133 ABBREVIATED FORM. 134 Verd deft g & right prop in plff & 1 cent das. 135 24. For defendant in replevin as to the unlawful taking or detention 136 AND for THE PLAINTIFF AS TO THE RIGHT OF THE PROPERTY. 137 We, the jury, find the defendant not guilty and that the right to the prop- 138 erty is in tlie plaintiff. 139 ABBREVIATED FORM. 140 Verd deft not g & right prop in plff. 141 25. Foe defendant in replevin as to the unlawful taking and deten- 142 tion and as to the right to the property. 143 We, the jury, find the defendant not guilty and that the right to the prop- 144 erty replevied is in the defendant. 145 ABBREVIATED FORM. 146 Verd deft not g & right prop in deft. Sec. 1938. Forms of judgments in civil actions at law.] The followiiig 2 forms of judgments in civil actions at law written out in full, together with the 3 abbreviated forms thereof hereinbefore provided for, shall be deemed sufficient 4 and shall be taken as furnishing suggestions from which other forms of judg- 5 ments in civil actions at law may be properly framed and abbreviated : 1253 6 1. FOEM OF MONEY JUDGMENT FOR PLAINTIFF BY DEFAULT. 7 In THE Circuit Court of LaSalle County, Illinois. 8 John Doe ] Contract. No. 315. 9 V. [ February 10, 1908. 10 Richard Roe. J Before Hon. David Brown", Judge. 11 This day, the court having jurisdiction of the subject-matter of this action 12 and of the person of the defendant by service of summons, it is considered by 13 the court in accordance with the default and assessment of damages herein that 14 the plaintiff have and recover of the defendant five hundred dollars ($500) and 15 the costs of the action. 16 ABBREVIATED FOEM. 17 Dflt judg persl serv on assmt das for plff v deft $500 & costs. 18 2. Form of money judgment fob plaintiff upon verdict of jury. 19 In the Circuit Court of LaSalle County, Illinois. 20 John Doe Contract. No. 315. 21 V. February 10, 1908. 22 Richard Roe. Before Hon. David Brown, Judge. 23 This day, the court having jurisdiction of the subject-matter of this action 24 and of .the person of the defendant by service of summons and the appearance 25 of the defendant, it is considered by the court in accordance with the verdict 26 of the jury herein that the plaintiff have and recover of the defendant five 27 hundred dollars ($500) and his costs of .the action. 28 abbreviated form. 29 ' Judg persl serv & app on verd for plff v deft $500 & costs. 30 3. Form of money judgment for plaintiff by default upon personal ser- 31 VICE IN attachment. 32 In the Circuit Court of LaSalle County, Illinois. 33 John Doe 1 Attachment. No. 215. 34 V. I February 10, 1908. 35 Richard Roe. J Before Hon. David Brown, Judge. 36 This day, the court having jurisdiction of the subject-matter of this action 1254 37 and of the person of the defendant by service of the writ of attachment, it is 38 considered by the court in accordance with the default and assessment of dam- 39 ages herein that the plaintiff have and recover of the defendant five hundred 40 dollars ($500) and the costs of the action. 41 ABBREVIATED FORM. 42 Dflt judg persl serv on assmt das for plff v deft $500 & costs. 43 4. Form of money judgment for plaintiff by default on notice by pub- 44 ligation in attachment. 45 In the Circuit Court of LaSalle County, Illinois. 46 John Doe 1 iAttachmeht. No. 215. 47 v. y February 10, 1908. 48 Eichard Eoe. J Before Hon. David Brown, Judge. 49 This day, the court having jurisdiction of the subject-matter of this action 50 and of the person of the defendant by publication of notice only, it is considered 51 by the court in accordance with the default and assessment of damages herein 52 that the plaintiff have and recover of the defendant five hundred dollars ($500) 53 and the costs of the action. 54 ABBREVIATED FORM. 55 Dflt judg not pub on assmt das for plff v deft $500 & costs. 56 5. Form of money judgment for plaintiff by default against one of sev- 57 ERAL defendants UPON SERVICE OF SUMMONS. 58 In the Circuit Court op LaSalle County, Illinois. 59 John Doe 1 Contract. No. 310. 60 V. [ February 10, 1908. 61 Richard Roe et al. J Before Hon. David Brown, Judge. 62 This day, the court having jurisdiction of the subject-matter of this action 63 and of the person of the defendant Eichard Roe by service of summons, it is 64 considered by the court in accordance with the default and assessment of dam- 65 ages herein that the plaintiff have and recover of the said defendant Richard 66 Eoe five hundred dollars ($500) and the costs of the action. 1255 67 ABBREVIATED FOEM. 68 Dflt judg persl serv on assmt das for plff v deft Eichard Roe $500 & costs. 69 6. Form op money judgment foe plaintiff by default against two de- 70 fendants in attachment, one seevbd with weit and the other notified by pub- 71 ligation. 72 In the Ciecuit Court op LaSai^le County, Illinois. 73 John Doe ] Attachment. No. 205. 74 V. y February 10, 1908. 75 Eichard Eoe et al. J Before Hon. David Brown,, Judge. 76 This day, the court having jurisdiction of the subject-matter of this action 77 and of the person of the defendant Eichard Eoe by service of summons and of 78 the person of the defendant Henry Eoe by publication of notice, it is considered 79 by the court in accordance with the default and assessment of damages herein 80 that the plaintiff have and recover of the defendants five . hundred dollars 81 ($500) and the costs of the action. 82 abbreviated form. 83 Dflt judg on assmt das for plff v. deft Eichard Eoe persl serv and deft 84 Henry Eoe not pub $500 & costs. 85 7. Form of money judgment foe plaintiff on veedict of juey against one 86 defendant defending as administeateix and the othee defending individually. 87 In the Ciecuit Court of LaSalle County, Illinois. John Doe 88 89 V. 90 Mary Eoe, as administratrix of the 91 estate of Eichard Eoe, deceased, 92 et al. Contract. No. 201. February 10, 1908. Before Hon. David Brown, Judge. 93 This day, the court having jurisdiction of the subject-matter of this action 94 and of the persons of the defendants Mary Eoe, as administratrix of the estate 95 of Eichard Eoe, deceased, and Henry Eoe, by service of summons and the ap- 96 pearance of the defendants, it is considered by the court in accordance with the 1256 97 verdict of the jury herein that the plaintiff have and recover of the said defend- 98 ant Mary Eoe, as administratrix of the estate of Richard Roe, deceased, and of 99 the defendant Henry Roe five hundred dollars and his costs of the action. 100 ABBHE\nATED FORM. 101 Judg persl serv & app on verd for plff v deft Mary Roe as admrx etc and 102 deft Henry Roe $500 & costs. 103 8. fobm 03? judgment eoe defendant on the meeits on verdict of jury, 104 when there is no plea of set-off and the action is to recover money only. 105 In the Circuit Court of LaSalle County, Illinois. 106 John Doe 1 Contract. No. 315. 107 V. \ February 10, 1908. 108 Richard Roe. J Before Hon. David Brown, Judge. 109 This day, the court having jurisdiction of the subject-matter of this action 110 and of the person of the defendant by service of summons and the appearance 111 of the defendant, it is considered by the court in accordance with .the verdict of 112 the jury herein that the plaintiff take nothing by his action and that the de- 113 fendant have and recover of the plaintiff his costs of the action. 114 abbreviated form. 115 Judg on verd for deft v plff for costs. 116 9. Form of judgment for defendant on the merits on verdict op jury, 117 when there is a plea of set-off and the action is to recover money only. 118 In the Circuit Court of LaSalle County, Illinois. 119 John Doe 1 Contract. No. 315. 120 V. \ February 10, 1908. 121 Richard Roe. I Before Hon. David Brown, Judge. 122 This day, the court having jurisdiction of the subject-matter of this action 123 and of the person of the defendant by service of summons and .the appearance 124 of the defendant, it is considered by the court in accordance with the verdict of 125 the jury herein that the defendant have and recover of the plaintiff five hundred 126 dollars ($500) and his costs of the action. 127 abbreviated form. 128 Judg on verd for deft v plff $500 & costs. 1257 129 10. Form of money judgment fok plaintiff against one defendant and 130 FOR ONE defendant FOR COSTS AGAINST THE PLAINTIFF UPON VERDICT OF JURY. 131 In THE Circuit Court of LaSalle County, Illinois, 132 John Doe 1 Tort. No. 201.. 133 _ V. y February 10, 1908. 134 Richard Eoe et al. J Before Hon. David Brown, Judge. 135 This day, the court having .iurisdiction of the subject-matter of this action 136 and of the person of the defendants, Richard Roe and Henry Roe, by service 137 of summons and the appearance of the defendants, it is considered by the court 138 in accordance with the verdict of the jury herein that the plaintiff have and re- 139 cover of the defendant Richard Roe the sum of five hundred dollars ($500) and 140 his costs of the action, and that the defendant Henry Roe go hence without day 141 and that he have and recover of the plaintiff his costs of the action. 142 abbreviated form. 143 Judg pers serv & app on verd for plff v deft Richard Roe $500 & costs & 144 for deft Henry Roe v plff for costs. 145 11. Form of money judgment for plaintiff upon finding by court. 146 In the Circuit Court of LaSalle County, Illinois. 147 John Doe 1 Contract. No. 315. 148 v. I February 10, 1908. 149 Richard Roe. J Before Hon. David Brown, Judge. 150 This day, the court having jurisdiction of the subject-matter of this action 151 and of the person of the defendant by service of summons and the appearance 152 of the defendant, it is considered by the court in accordance with the finding of 153 the court herein that the plaintiff have and recover of the defendant five hun- 154 dred dollars ($500) and his costs of the action. 155 abbreviated form. 156 Judg persl serv on fndg for plff v deft $500 & costs. 1258 157 12. Form of money judgment for plaintiff by confession under warrant 158 of attorney. 159 In the Circuit Court of LaSalle County, Illinois. 160 John Doe ] Confession. No. 106. 162 _ V. [■ February 10, 1908. 163 Richard Roe. J Before Hon. David Brown, Judge. 163 This day, the court having jurisdiction of the subject-matter of this action, 164 it is considered by the court in accordance with the confession by the defendant 165 under his warrant of attorney, that the plaintiff have and recover of the de- 166 fendant the sum of five hundred dollars ($500) and his costs of the action. 167 abbreviated form. 168 Confessn judg for plff v deft $500 & costs. 169 13. Form of judgment for plaintiff for possession and rent or damages 170 RY confession in forcible detainer. 171 In the Circuit Court of LaSalle County, Illinois. 172 John Doe ] Forcible Detainer. No. 75. i 173 V. \ February 10, 1908. 174 Richard Roe. J Before Hon. David Brown, Judge. 175 This day, the court having jurisdiction of the subject-matter of this action, 176 it is considered by the court in accordance with the confession by the defendant 177 under his warrant of attorney that the plaintiff have and recover of .the defend- 178 ant possession of the north one-half (Vo) of Lot one (1), in Block ten (10), in 179 the city of Ottawa, LaSalle county, Illinois, and also one hundred dollars 180 ($100) rent and his costs of the action. 181 abbreviated form. 182 Confessn judg for plff v deft for poss N i/o Lot 1 Bl 10, Ottawa, III, & $100 183 rent & costs. 1259 184 14, Form of judgment by default for plaintiff for possession and rent 185 IN forcible detainer. 186 In the Circuit, Court of LaSalle County, Illinois. 187 John Doe ] Forcible Detainer. No. 27. 188 V. y February 10, 1908. 189 Eichard Eoe. J Before Hon. David Brown, Judge. 190 This day, the court having jurisdiction of the subject-matter of this action 191 and of the person of the defendant by service of summons, it is considered by 192 ithe court in accordance with the default and assessment of damages herein that 193 the plaintiff have and recover of the defendant possession of Lot one (1), in 194 Block ten (10) in the city of Ottawa, LaSalle county, Illinois, and one hundred 195 dollars ($100) rent and the costs of the action. 196 abbreviated form. 197 Deflt judg persl serv on assmt das for plff v deft for poss Lot 1 Bl 10, 198 Ottawa, 111., & $100 rent & costs. 199 15. Form of judgment for plaintiff for possession and bent upon ver- 200 dict of jury in action of forcirle detainer. 201 In the Circuit Court of LaSaiab County, Illinois. 202 John Doe ] Forcible Detainer. No. 17. 203 V. \ February 10, 1908. 204 Eichard Eoe. J Before Hon. David Brown, Judge. 205 This day, the court having jurisdiction of the subject-matter of this action 206 and of the person of the defendant by service of summons and the appearance 207 of the defendant, it is considered by the court in accordance with the verdict 208 of the jury herein that ,the plaintiff have and recover of the defendant posses- 209 sion of Lot one (1), in Block ten (10), in the city of Ottawa, LaSalle county, 210 Illinois, and one hundred dollars ($100) rent and his costs of the action. ABBREVIATED FORM. 211 Judg persl serv on verd for plff v deft for poss Lot 1 Bl 10, Ottawa, HI., 212 & $100 rent & costs. 1260 213 16. Form of judgment in forcible detainer upon verdict of jury in favor 214 of plaintiff as to part of premises and in favor of defendant as to remainder 215 of premises. 216 In the Circuit Court of LaSalle County, Illinois. 217 John Doe T Forcible Detainer. No. 17. 218 . V. \ February 10, 1908. 219 Eicbard Roe. J Before Hon. David Brown, Judge. 220 This day, the court having jurisdiction of the subject-matter of this action 221 and of the person of the defendant by service of summons and the appearance 222 of the defendant, it is considered by the court "in accordance with the verdict 223 of the jury herein that the plaintiff have and recover of the defendant the North 224 one-half (I/2) of Lot one (1), in Block ten (10), in the city of Ottawa, in the 225 county of LaSalle, and State of Illinois, and his costs of the action and that as 226 to the South one-half (i/^) of said Lot one (1), in Block ten (10), in said city of 227 Ottawa the defendant go hence without day. 228 abbreviated form. 229 Judg persl serv on verd for plff v deft for poss NI/2 Lot 1 Bl 10, Ottawa, 230 111., & costs & for deft v plff as ,to Si/a said lot. 231 17. Form of judgment for defendant both as to possession of premises 232 and rent upon verdict of jury in action of forcible detainer. 233 In the Circuit Court of LaSalle County, Illinois. 234 John Doe 1 Forcible Detainer. No. 21. 235 V. \ February 10, 1908. 236 Richard Roe. J Before Hon. David Brown, Judge. 237 This day, the court having jurisdiction of the subject-matter of this action 238 and of the person of the defendant by service of summons and the appearance 239 of the defendant, it is considered by the court in accordance with the verdict of 240 the jury herein that as to the possession of the premises described in the 241 plaintiff's claim the defendant go hence without day and that the plaintiff take 1261 242 nothing by his claim for rent and that the defendant have and recover of the 243 plaintiff his costs of the action. 244 ABBKEVIATED FORM. 245 Judg on verd for deft v plff for costs. 246 18. Form of judgment in replevin by default in favor of plaintiff on 247 PERSONAL service. 248 In the Circuit Court of LaSallb County, Illinois. 249 John Doe 1 Replevin. No. 25. 250 V. \ February 10, 1908. 251 Richard Roe. J Before Hon. David Brown, Judge. 252 This day, the court having jurisdiction of the subject-matter of the action 253 and of the person of the defendant by service of the writ, it is considered by 254 the court in accordance with the default and assessment of damages herein, that 255 -the plaintiff have and retain the property replevied and that he have and re- 256 cover of the defendant one cent damages and his costs of the action. 257 - abbreviated form. 258 Judg persl serv on assmt das for plff v deft 1 cent & costs. 259 19. Form of judgment in replevin by default in favor of plaintiff on 260 notice by publication. 261 In the Circuit Court of LaSalle County, Illinois. 262 John Doe 1 Replevin. No. 15. 263 V. \ February 10, 1908. 264 Richard Roe. J Before Hon. David Brown, Judge. 265 This day, the court having jurisdiction of the subject-matter of the action. 266 and of the person of the defendant by publication of notice, it is considered by 267 the court, in accordance with the default and hearing of the evidence herein 268 that the plaintiff have and retain the property replevied. 269 abbreviated form. 270 Dflt judg not pub on hrg ev for plff v deft. » 1262 271 20. Form of judgment in replevin by default in favor of plaintiff 272 against one defendant served with the writ and another defendant notified 273 by publication. In the Circuit Court of LaSalle County, Illinois. 274 John Doe 1 Replevin. No. 18. 275 V. \ February 10, 1908. 276 Ricliard Roe et al. J Before Hon. David Brown, Judge. 277 This day, the court having jurisdiction of the subject-matter of this action 278 and of the person of the defendant Richard Roe by service of the writ and of 279 the person of the defendant Henry Roe by publication of notice, it is considered . 280 by the court in accordance with the default and assessment of damages herein, 281 that the plaintiff have and retain the property replevied and that he have and 282 recover of the defendant Richard Roe one cent and his costs of the action. 283 abbreviated form. 284 Dflt judg on assmt das for plff v deft Richard Roe persl serv for costs & 285 for plff V deft Henry Roe not pub. 286 21. Form of judgment in replevin on verdict of jury in favor of plaint- 287 iff for all op property replevied. 288 In the Circuit Court op LaSalle County, Illinois. 289 John Doe ] Replevin. No. 19. 290 v. [ February 10, 1908. 291 Richard Roe. J Before Hon. David Brown, Judge. 292 This day, the court having jurisdiction of the subject-matter of this action 293 and of the person of the defendant by service of the writ and the appearance 294 of the defendant, it is considered by the court, in accordance with the verdict 295 of the jury herein, that the plaintiff have and retain the property replevied and 296 that he have and recover of the defendant one cent damages and his costs of the 297 action. 298 abbreviated form. 299 Judg persl serv & app on verd for plff v deft 1 cent & costs. 1263 300 22. Form of judgment in keplbvin on verdict of jury as to part of prop- 301 erty replevied and in favor of defendant as to remainder of property ke- 302 PLEVIED. 303 In the Circuit Court of LaSalle County, Illinois.^ 304 John Doe lEeplevin. No. 19. 305 V. \ February 10, 1908. 306 Richard Roe. J Before Hon. David Brown, Judge. 307 This day, the court having jurisdiction of the subject-matter of this action 308 and of the person of the defendant by service of the writ and the appearance 309 of the defendant, it is considered by the court, in accordance with the verdict of 310 the jury herein, that the plaintiff have and retain so much of the property re- 311 plevied as is described as follows (here describe property for which verdict is 312 found for plaintiff), and that the defendant have return of so much of the prop- 313 erty replevied as is described as follows (here describe property for which 314 verdict is found for defendant) and that the plaintiff have and recover of the 315 defendant one-half of his costs of the action. 316 abbreviated form. 317 Judg persl serv & app on verd for plff v deft for one-half costs & for deft 318 V plff for ret (here describe property to be returned) & costs. 319 23. Form of judgment in replevin on verdict of jury in favor of defend- 320 ANT. 321 In the Circuit Court of LaSalle County, Illinois. 322 John Doe 1 Replevin. No. 18. 323 v. \ February 10, .1908. 324 Richard Roe.' J Before Hon. David Brown, Judge. 325 This day, the court having jurisdiction of the subject-matter of this action 326 and of the person of the defendant by service of the writ and the appearance of 327 the defendant, it is considered by the court, in accordance with the verdict of 328 the jury herein, that the defendant have return of the property replevied and 329 recover of the plaintiff his costs of the action. 1264 330 ABBEEVIATED FORM. 331 Judg on verd for deft for ret prop & costs. 332 24. Form of judgment in replevin on verdict of jury in favor of plain- 333 tiff for property recovered by writ and for damages to the property not re- 334 COVERED. 335 In THE Circuit Court op LaSalle County, Illinois. 336 John Doe 1 Eeplevin. No. 15. 337 V. [ February 10, 1908. 338 Eichard Eoe. i Before Hon. David Brovra, Judge. 339 This day, the court having jurisdiction of the subject-matter of this action 340 and of the person of the defendant by service of the writ and the appearance 341 of the defendant, it is considered by the court, in accordance with the verdict 342 of the jury herein, that the plaintiff retain so much of the property as was 343 taken by the writ herein and that he have and recover of the defendant the sum 344 of five hundred dollars ($500) for the property not taken by the writ and his 345 costs of the action. 346 ABBREVIATED FORM. 347 Judg persl serv & app on verd for plff v deft $500 & costs. 348 25. Form of judgment in replevin on verdict of jury in favor op inter- 349 vener. 350- In the Circuit Court of LaSalle County, Illinois. 351 John Doe 1 Eeplevin. No. 15. 352 V. \ February 10, 1908. 353 Eichard Eoe. J Before Hon. David Brown, Judge. 354 This day, the court having jurisdiction of the subject matter of this action 355 and of the person of the defendant by service of the writ and the appearance 356 of the defendant, and John Jones having appeared as intervener herein it is 357 considered by the court, in accordance with the verdict of the jury hereiij, that the 358 said intervener, John Jones, have and recover of the plaintiff the possession of 359 the property replevied, being (here describe property) and his costs of the action. 1265 360 ABBBEVIATBD FORM. 361 Judg persl serv & app on verd for mtrvnr John Jones v plff for poss (here 362 describe property) & costs. 363 26. Form op judgment in repliEvin on verdict op jurt in favor op plain - 364 Tipp AS to part op property repijEvied and in favor of intervener as to part 365 and in favor op dependant as to residue. 366 In the Circtjit Court op LaSalle County, Illinois. 367 John Doe. ] Replevin. No. 15. 368 V. \ February 10, 1908. 369 Richard Roe. J Before Hon. David Brown, Judge. 370 This day, the court having jurisdiction qf the subject-matter of this action 371 and of the person of the defendant by service of the writ and the appearance 372 of the defendant, and John Jones having intervened herein, it is considered 373 by the court in accordance with the verdict of the jury herein, that the plain- 374 tiff have and retain so much of the property replevied as is described as fol- 375 lows (here describe property for which verdict is found for the plaintiff) ; that 376 the said intervener, John. Jones, have and recover from the plaintiff posses- 377 sion of so much of the property replevied as is described as follows (here de- 378 scribe property for which verdict is found for the intervener) and that 379 the defendant have return of so much of the property replevied as is 380 described as follows (here describe property for which verdict is found for 381 defendant) and that the costs of the action be equally divided between the 382 plaintiff and the defendant. 383 abbreviated form. 384 Judg persl serv & app on verd for intrvnr John Jones v plff for poss 385 (here describe property) & for deft v plff for ret (here describe property) & 386 plff & deft each to pay i/o costs. 1266 387 27. FoEM OP judgment in replevin on vebdict of juey in favor of plain- 388 tiff and against defendant and intbeveneb as to all the propeety. 389 In the Cibouit Court of LaSallb County, Illinois. 390 John Doe T Eeplevin. No. 15. 391 V. \ February 10, 1908. 392 Richard Eoe. J Before Hon. David Brown, Judge. ' 393 This day, the court having jurisdiction of the subject-matter of this action 394 and of the person of the defendant by service of the writ and the appearance 395 of the defendant, and John Jones having appeared and intervened herein, it 396 is considered by the court, ia accordance with the verdict of the jury herein, 397 that the plaintiff have and retain the property replevied and that he have and 398 recover one-half of his costs of the action from the defendant and the remain- 399 ing one-half of said costs from the intervener, John Jones. 400 abbeeviated foem. 401 Judg pers serv & app on verd for plff v deft & intrvnr John Jones each 402 for 1/2 costs. 403 28. FOBM OF JUDGMENT OF SUPREME COURT IN MANDAMUS OBDEBING CANCEL- 404 LATION of VOID act of GENEBAL ASSEMBLY. 405 In the Supreme Coubt of Illinois. 406 John Doe V. 407 James A. Eose 408 as Secretary of State. Mandamus. No. 214. January 15, 1913. 409 This day, the court having jurisdiction of the subject matter of this action 410 and of the person of the defendant by service of the summons and the appear- 411 ance of the defendant, the court overrules the demurrer of the defendant to the 412 petition herein and thereupon, upon consideration thereof, doth declare null and 413 void the act of the General Assembly mentioned in the petition herein, entitled, 414 (here give title of act) and doth order that the defendant cancel said act by en- 415 dorsing upon the margin of the bill for said act certified by the president of the 1267 416 senate and the speaker of tlie house of representatives the words "This act 417 adjudged null and void and ordered cancelled hy the supreme court January 15, 418 1903," said endorsement to be signed by the defendant in his official capacity 419 as secretary of state. 420 . ABBREVIATED FORM. 421 Judg pers serv and app on dem for plff v deft for cancellation, etc. 422 (Here insert reference to S. 0. B. and draft on file.) Sec. 1939. Forms of judgments in municipal ordinance actions.] The 2 following forms of judgments written out in full in quasi criminal actions 3 brought for the violation of municipal ordinances, together with abbreviated 4 forms thereof, shall be deemed sufficient and shall be taken as furnishing 5 suggestions from which other forms of judgments may be framed and abbre- 6 viated: 7 1. Judgment upon finding by the court. 8 In the Criminal, Court of Cook County, Illinois. 9 The City of Chicago T Quasi Criminal. No. 40. 10 V. \ February 10, 1908. 11 Eichard Eoe. J Before Hon. John Jones, Judge. 12 This day, the court having jurisdiction of the subject-matter of the action 13 and of the person of the defendant herein by the arrest of the defendant and 14 his appearance herein, it is considered by the court in accordance with the flnd- 15 ing of the court herein, that the plaintiff have and recover of the defendant a 16 fine of one hundred dollars ($100) and the costs of the action, and that the 17 defendant stand committed to the house of correction of the City of Chicago 18 until said fine and costs are paid or worked out by the defendant or the de- 19 fendant is discharged in accordance with law. 20 abbreviated form, 21 Judg pers serv & app on fndg for plff v deft $100 fine & costs & deft to 22 std comtd h of c Chicago. _ . , 1268 23 2. Judgment upon verdict of jury. 24 In the Criminal. Court of Cook County, Illinois. 25 The City of Chicago ] Quasi Criminal. No. 40. 26 V. \ February 10, 1908. 27 Richard Roe. J Before Hon. John Jones, Judge. 28 This day, the court having jurisdiction of the subject-matter of the action 29 and of the person of the defendant herein by the arrest of the defendant and 30 his appearance herein, it is considered by the court, in accordance with the 31 verdict of the jury herein, that the plaintiff have and recover of the defend- 32 ant a fine of one hundred dollars ($100) and the costs of the action and that 33 the defendant stand committed to the house of correction of the City of Chi- 34 cago until said fine and costs are paid or worked out by the defendant or the 35 defendant is discharged in accordance with law. i 36 ABBREVIATED FORM. 37 Judg pers serv & app on verd for plff v deft $100 fine & costs & deft to 38 std comtd h of c of Chicago. Sec. 1940. Forms of judgments in criminal actions.] The following- 2 forms of judgments in criminal actions written out in full, together with the 3 abbreviated forms thereof hereinbefore provided for, shall be deemed sufficient 4 and shall be taken as furnishing suggestions from which other forms of judg- 5 ments in criminal actions may be properly framed and abbreviated: 6 1. Judgment upon plea op guilty when punishment is by fine only, and 7 defendant is committed to county jail until fine and costs are paid. 8 In the Criminal Court of Cook County, Illinois. 9 The People of the State of Illinois ] Criminal. No. 25. 10 v. y February 10, 1908. 11 Richard Roe. i Before Hon. John Jones, Judge. 12 This day the court, the defendant being present, doth sentence the defendant 13 upon his plea of guilty herein to pay a fine of one hundred dollars ($100) and ~ 1269 14 the costs of the action and doth order that he stand committed to the county 15 jail of Cook county until the fine and costs are paid or he is discharged in 16 accordance with law. 17 A3BREVIATED FOEM. 18 Deft prest sentd on plea g $100 fine & costs & to std comtd co jail. 19 2. Judgment upon plea of guilty when the punishment is by imprison- 20 MEN-T IN the county JAIL ONLY. 21 In the Circuit Court op Cook County^ Illinois. 22 The People of the State of Illinois TCriminal. No. 25. 23 V. \ February 10, 1908. 24 Richard Koe. J Before Hon. John Jones, Judge. 25 This day the court, the defendant being present, doth sentence the defend- 26 ant upon his plea of guilty herein to imprisonment in the county jail of Cook 27 county for the period ninety days from and after his delivery to the keeper 28 thereof. 29 abbreviated form. 30 Deft prest sentd on plea g co jail 90 days. 31 3. Judgment upon plea of guilty when punishment is by fine and im- 32 peis'onment in the county jail. 33 In the Criminal Court of Cook County, Illinois. ♦ 34 The People of the State of Illinois ] Criminal. No. 25. 35 V. ^ r February 10, 1908. 36 Richard Roe. > Before Hon. John Jones, Judge. 37 This day the court, the defendant being present, doth sentence the defend- 38 ant upon his plea of guilty herein to imprisonment in the county jail of Cook 39 county for the period of ninety days from and after his delivery to the keeper 40 thereof and to pay a fine of one hundred dollars ($100) and the costs of the 41 action, • and doth order that the defendant, after the- expiration of said period 1270 42 of imprisonment, further stand committed to the county jail of Cook county 43 until the fine and costs are paid or he is discharged in accordance with law. 44 ABBEEVIATED FORM. 45 Deft prest sentd on plea g co jail 90 days & $100 fine & costs & to std 46 comtd CO jail. » 47 4. Judgment upon plea of guilty when punishment is by pine only, and 48 defendant is committed to house of corbection until fine and costs aee paid. 49 In THE Criminal Court of Cook County, Illinois. 50 The People of the State of Illinois 1 Criminal. No. 25. 51 V. Y February 10, 1908. 52 Richard Roe. J Before Hon. John Jones, Judge. 53 This day the court, the defendant being present, doth sentence the defend- 54 ant upon his plea of guilty herein to pay a fine of one hundred dollars ($100) 55 and the costs of the action, and doth order that he stand committed to the 56 house of correction of the City of Chicago until the said fine and costs are 57 paid or worked out by the defendant, or the defendant is discharged in ac- 58 cordance with law. 59 abbreviated form. 60 Deft prest sentd on plea g $100 fine & costs & to std comtd h of c of 61 Chicago. 62 5. Judgment upon plea of guilty when punishment is by fine and impbis- 63 onment in the house of correction. 64 In the Criminal Court of Cook County, Illinois. 65 The People of the State of Illinois 1 Criminal. No. 25. 66 V. [ February 10, 1908. 67 Richard Roe. J Before Hon. John Jones, Judge. 68 This day the court, the defendant being present, doth sentence the defend- 69 ant upon his plea of guilty herein to imprisonment in the house of correction 70 of the City of Chicajgo for the period of ninety days from and after his delivery 71 to the keeper thereof at labor for the benefit of the County of Cook and to pay 1271 72 a fine of one hundred dollars ($100) and the costs of the action, and doth order 73 that the defendant, after the expiration of said period of imprisonment, further 74 stand committed to said house of correction until the said fine and costs are 75 paid or worked out by the defendant or the defendant is discharged in accord- 76 ance with law. 77 ABBREVIATED FORM. 78 Deft prest sentd on plea g h of c of Chicago 90 days & $100 fine & costs & 79 to st comtd h of c. 80 6. Judgment upon plea of guilty when the punishment is by imprison- 81 ment in the penitentiary only. 82 In the Criminal Court of Cook County, Illinois. ' 83 The People of the State of Illinois 1 Criminal. No. 25. 84 V. y February 10, 1908. 85 Richard Roe. J Before Hon. John Jones, Judge. 86 This day the court, the defendant being present, doth sentence the defend- 87 ant upon his plea of guilty herein to imprisonment in the penitentiary for the 88 period of three years. 89 abbreviated form. 90 Deft prest sentd on plea g 3 years penty. 91 7. Judgment upon plea of guilty when the punishment is by fine and 92 imprisonment in the penitentiary and defendant is committed to the county 93 JAIL until fine and costs are paid. 94 In the Criminal Court of Cook County, Illinois. 95 The People of the State of Illinois 1 Criminal. No. 25. 96 V. . \ February 10, 1908. 97 Richard Roe. J Before Hon. John Jones, Judge. ' 98 This day the court, the defendant being present, doth sentence the defend- 99 ant upon his plea of guilty herein to imprisonment in the penitentiary for the 100 period of three years from and after his delivei^y to the warden thereof and 1272 ' ■ 101 to pay a fine of one thousand dollars ($1,000) and the costs of the action and doth 102 order that the defendant, after the expiration of said period of imprisonment, 103 further stand committed to the county jail of Cook county until the fine and 104 costs are paid or he is discharged in accordance with law. 105 . ■ ABBREVIATED FORM. 106 Deft prest sentd on plea g 3 years penty & $1,000 fine & costs & to std 107 comtd CO jail. 108 8. Judgment upon plea of guilty when punishment is by fine and 109 imprisonment in the penitentiary and defendant is committed to house of 110 correction until fine and costs are paid. 111 In the Criminal Court of Cook County, Illinois. 112 The People of the State of Illinois ] Criminal. No. 25. 113 V. Y February 10, 1908. * 114 Richard Roe. J Before Hon. John Jones, Judge. 115 This day the court, the defendant being present, doth sentence the defend- 116 ant upon his plea of guilty herein to imprisonment in the penitentiary for the 117 period of three years from and after his delivery to the warden thereof and to 118 pay a fine of one thousand dollars ($1,000) and the costs of the action, and 119 doth order that the defendant, after the expiration of said period of imprison- 120 ment, further stand committed to the house of correction of the city of Chicago ] 21 until the said fine and costs are paid or worked out by the defendant or the de- 1 22 fendant is discharged in accordance with law. 123 ABBREVIATED FORM. 124 Deft prest sentd on plea g 3 years penty $1,000 fine & costs & to std comtd 125 to h of c Chicago. 1273 126 9. Judgment upon plea oe guilty when punishment is bt impeison- 127 ment in the state keeormatory, 128 In the Criminal Court oe Cook County, Illinois. 12,9 The People of the State of Illinois, ] Criminal. No. 25. 130 v. V February 10, 1908. 131 Richard Eoe. J Before Hon. John Jones, Judge. 132 This day the court, the defendant being present, doth sentence the defend- 183 ant upon his plea of guilty herein to imprisonment in the State reformatory 134 for a period of two years from and after his delivery to the keeper thereof. 135 abbreviated form. 136' Deft prest sentd on plea g 2 years stat rfrmty. 137 10. Judgment upon plea oe guilty when punishment is death. 138 In the Criminal Court of Cook County, Illinois. 139 The People of the State of Illinois 1 Criminal. No. 25. 140 V. [ February 10, 1908. 141 Richard Eoe. J Before Hon. John Jones, Judge. 142 This day the court, the defendant being present, doth sentence the defend- 143 ant upon his plea of guilty herein to death by hanging. 144 abrbeviated form. 145 . Deft prest sentd on plea g death. Sec. .1941. Forms op decrees in actions in equity.] The following forms 2 of decrees written out in full in actions in equity, together with the abbre- .3 viated forms thereof hereinbefore provided for, so far as the same may be 4 abbreviated and forms of minutes for the entry thereof in the register and 5 minute book, shall be deemed sufficient and shall be taken as furnishing sug- 6 gestions from which other forms of decrees in actions in equity may be prop- 7 erly framed, abbreviated and minuted in the register and minute book: 1274 8 1. Form of decree fob divobcb. ' , 9 In the Ciectjit Coubt of Cook County, Illinois. 10 Mary Doe "I In Equity. No. 550. 11 V. \ February 10, 1908. " 12 John Doe. J Before Hon. John Jones, Judge. 13 This day, the court having jurisdiction of the subject-matter of this action 14 and of the person of the defendant by service of summons and the appear- 15 ance of .the defendant herein, hears the cause upon pleadings and proofs in 16 open court and thereupon, upon consideration thereof, the court doth order, 17 adjudge and decree as follows: 18 First — That the marriage between the plaintiff and the defendant be and 19 it is hereby dissolved. 20 Second — That the plaintiff have the custody of the children, Mary Eliza- 21 beth Doe and Joseph Doe, until the further order of the court, the defendant 22 to have the right to visit said children on Saturday afternoon of each week 23 between the hours of two o'clock and four o'clock at the plaintiff's place of 24 abode. 25 Third — That defendant pay to plaintiff within ten days from this date two 26 hundred and fifty dollars ($250) on account of the support of herself and, 27 .the said children and the further sum of three hundred dollars ($300) for 28 and on account of her expenses incurred in the action, and that he also pay 29 to the plaintiff on or before the first day of each month hereafter the sum 30 of eighty dollars ($80) for the support and maintenance of herself and the 31 said children. 32 Fourth — That neither the plaintiff nor the defendant again marry within 33 one year from this date unless they remarry each other. 34 Fifth — That the defendant pay the costs of the action. 35 ABBREVIATION . 36 Hrg pldgs & prfs persl serv & app & deer div, &c. [See (here insert no. 37 of volume) S. 0. B. (here insert no. of page) and draft on fl.J 1275 ^ ;~ 38 2, Dbcbee foe separate maintenance. . ; ~ 39 In the Circuit Coubt of Cook County^ Ii^linois. . 40 Mary Doe 1 In Equity. No. 550. 41 V. Y February 10, 1908. 42 John Doe. J Before Hon, John Jones, Judge. ! 43 This day, the court having jurisdiction of the subject-matter of this action 44 and of the person of the defendant by service of summons and appearance, 45 hears the cause upon pleadings and proofs in open court, and thereupon, upon 46 consideration thereof, the court doth order, adjudge and decree as follows: 47 First — That the plaintiff is entitled to a separate maintenance from the 48 defendant. ! 49 Second — That the plaintiff have the custody of the children, Mary Eliza- 50 beth Doe and Joseph Doe, until the further order of the court, the defend- 51 ant to have the right to visit said children on Saturday afternoon of each week 52 between the hours of two o'clock and four o'clock at the plaintiff's place of 53 abode. 54 Third — That the defendant pay to the plaintiff the sum of twelve hundred 55 dollars ($1,200) a year, commencing with this date/ in monthly installments 56 of one hundred dollars (:$100) each, payable upon the fifteenth day of each 57 month, for the maintenance of herself and the said children until the further 58 order of the court. 59 Fourth — That this decree be and remain a lien on all real estate of the 60 defendant until he shall have given security for its faithful performance to 61 the satisfaction of the court or .to the complainant. 62 Fifth — That the defendant pay the costs of this action and .the further 63 sum of five hundred dollars ($500) for and on account of the expenses incurred 63 by the plaintiff in the prosecution of said action. 64 Sixth — That either party be at liberty to apply to the court for such fur- 65 ther orders as equity may require. " '' ' 1276 ' 66 ~ ABBEEVIATION. 67 Hrg pldgs & prfs persl serv & app & deer sep maint (here insert refer- 68 ence to S. 0. B. & draft on file.) _. _ ■ 69 3, Form of deceee of foeeclosube. 70 In the Ciecuit Oouet of Cook County, Illinois. 71 John Doe ] In Equity. No. 650. : 72 V. [■ February 10, 1908. 73 Richard Roe et al. J Before Hon. John Jones, Judge. I 74 This day, the court having jurisdiction of the subject-matter of this action 75 and of the persons of the defendants Richard Roe and Mary Roe, by service 76 of summons and appearance, of the defendant John Smith by service of 77 summons, and of the defendant William Jones by publication of notice, hears 78 the cause upon the bill of complaint taken pro confesso as to the defendant 79 John Smith and William Jones and the pleadings as to the defendants, Rich- 80 ard Roe and Mary Roe and the master's report and evidence accompanying 81 the same, and thereupon, upon consideration thereof, the court doth order, ad- 82 judge and decree as follows: • * * * 83 First — That the defendant Richard Roe pay to the plaintiff within ten 84 days from this date the sum of twelve hundred and fifty dollars ($1,250), 85 with interest at five per cent, per annum from this date, and also the costs 86 of the action to be taxed by the clerk. 87 Second — That in default of such payment the mortgaged premises de- 88 scribed in the bill of complaint, to-wit: (here describe premises), or so much 89 thereof as may be sufficient to realize the amount required to be paid to the 90 plaintiff as aforesaid, together with the costs of the action and the fees and 91 expenses incurred in the making of the sale, be sold at public sale for cash in 92 hand by George Brown, Esq., one of the masters in chancery of this court, in 93 the manner provided by law, such sale to be subject to redemption as provided 94 by law. 1277 95 Third — That out of the proceeds of the sale, after deducting his own fees 96 and expenses, the master pay the plaintiff said sum of twelve hundred and 97 fifty dollars ($1,250), with interest thereon at fiv,e per cent, per annum from 98 this date to the day of sale, together with the plaintiff's costs aforesaid, if 99 the proceeds of sale be suflScient for that purpose, and pay over the balance 100 then remaining to the defendant, Eichard Roe, but if the proceeds of sale are 101 insufficient to make the payment aforesaid the master shall apply the same, so 102 far as they may extend for that purpose, and report to the court the amount 103 of the deficiency. 104 Fourth — That the master execute and deliver to the purchaser at the sale 105 a certificate of purchase as required by law. 106 Ft/iTi— That the title which may be derived under 'and in pursuance of said 307 sale, in case there be no redemption therefrom as provided by law, shall vest 108 in the person receiving the master's deed, in pursuance thereof, a title free 109 and clear of all claims of every kind and character of any or either of the par- 110 ties to the action. 111 Sixth — That the master make report of his proceedings hereunder with all 112 convenient speed. 113 ABBEEVIATIOSr. 114 Hrg pro conf deft John Smith persl serv & deft William Jones not pub & 115 pldgs & prfs persl serv & app defts Eichard Eoe and Mary Eoe & deer forecl 116 (here insert reference to S. 0. B. & draft on file.) 117 4. Decree setting aside a deed. ___ 118 In the Circuit Court of Cook County, Illinois. ; 119 John Doe 1 In Equity. No. 562. 120 V. \ February 10, 1908. 121 Richard Roe. J Before Hon. John Jones, Judge. 122 . This day the couft, having jurisdiction of the subject-matter of the action 123 and of the person of the defendant by service of summons and appearance, 1278 124 hears the cause upon the pleadings and the master's report and the evidence 125 accompanying the same, and thereupon, upon consideration thereof, the court 126 doth order, adjudge and decree as follows: 127 First— That the deed executed and delivered by the plaintiff to the defend- 128 ant on September 1, 1907, conveying to the plaintiff the southwest quarter of 129 section twenty O)), township nineteen (19) north, range two (2) east of the 130 third princip' meridian, in Cook county, Illinois, and recorded hi the re- 131 corder's office of Cook county in book 4776 of records, page 217, be and the 132 same is hereby set aside, canceled and annulled. 133 Second — That the defendant pay to the plaintiff within .thirty days from 134 this date the sum of two thousand dollars ($2,000) as the rents, issues and 135 profits of said premises found by the said master to be due from the defend- 136 ant to the plaintiff, and also the costs of this action. 137 ABBREVIATION. 138 Hrg pldgs mast rep & ev pers serv & app & deer setting aside deed (here 139 insert reference to S. 0. B. & draft on file.) 140 5. Decree quieting title and setting aside a tax deed. 141 In the Circuit Court of Cook County, Illinois. 142 John Doe ] In Equity. No. 215. 143 V. \ February 10, 1908. 144 Eichard Roe. J Before Hon. John Jones, Judge. 145 This day, the court having jurisdiction of the subject-matter of this action 146 and of the person of the defendant by service of summons and appearance, 147 hears the cause upon pleadings and proofs, and thereupon, upon considera- 148 tion thereof, the court doth order, adjudge and decree as follows: 149 First — That the tax deed mentioned in the plaintiff's bill of complaint pur- 150 porting to convey to the defendant the east half of the southwest quarter of 151 section five (5), in township eleven (11), range fourteen (14) east of the third 152 principal meridian, in Cook county, Illinois, and filed for record in the office 1279 153 of the recorder of Cook county, Dlinois, on September 5, 1903, and recorded 154 therein in book 1000 of records, page 600, be and the same is hereby set aside 155 and adjudged null and void. 156 Second — That the clerk of this court pay to the defendant the sum of sev- 157 enty-five dollars ($75) heretofore paid into court by the plaintiff for the bene- 158 fit of the defendant. 159 Third — That the defendant' pay to the plaintiff his costs of the action. 160 ABBREVIATION. 161 Hrg pldgs & prfs persl serv & app & deer setting aside deed, &c (here in- 162 sert reference to S. O. B. & draft on file). 163 6. Decree fob partition and dower. • 164 In the Circuit Court of Cook County, Illinois. 165 John Doe et al. 1 In Equity. No. 217. i 166 V. \ February 10, 1908. 167 Henry Doe et al. J Before Hon. John Jones, Judge. 168 This day, the court having jurisdiction of the subject-matter of this action 169 and of the persons of the defendants by service of summons and appearance, 170 hears the cause upon the pleadings and the master's report and the evidence 171 accompanying the same, and thereupon, upon consideration thereof, the court 172 doth order, adjudge and decree as follows: 173 First — That the plaintiffs, John Doe and William Doe, and the defend- 174 ants, Henry Doe and Mary Doe, are each seized in fee simple of an undivided 175 one-fourth of the premises described in the bill of complaint, to-wit : the south- 176 west quarter of the northwest quarter of section ten (10), township twenty- 177 nine (29), range one (1) east of the third principal meridian, in Cook county, 178 Illinois, subject only to the dower of the defendant Jane Doe, who is entitled 179 to be endowed of one full equal third part thereof. 180 /Second— That John Smith, John Jones and Henry Brown be and they are 181 hereby appointed commissioners to assign dower and make partition of said 182 premises. - ,, 1280 183 Third— That said commissioners shall set off, allot and assign to Jane 184 Doe her said dower by metes and bounds or other proper description accord- 185 to quality and quantity of said premises, giving her the homestead, or 186 dwelling house of the homestead, if she desires it, and may assign the whole 187 of said dower in a body or out of two or more of such tracts in such man- 188 ner as they may deem best for all persons interested. 189 Fourth — That said commissioners, after assigning said widow's dower, 190 shall make division and partition of the remainder of the premises between 191 said John Doe, William Doe, Henry Doe and Mary Doe, assigning to each a 192 one-fourth part thereof by metes and bounds or other proper description, 193 quality and quantity relatively considered. 194 Fifth — That if said commissioners shall find that dower cannot be assigned 195 and a division made of said premises without manifest prejudice to said par- 196 ties, they will fairly and impartially appraise the value of each piece or parcel 197 of said premises. 198 Sixth — That said commiseioners make report of their proceedings there- 199 under with all convenient speed. 200 ABBKBVIATION. 201 Hrg on pldgs mast rep & ev & deer for partn & dower (see draft on file). 202 7. Degeke declaeatory of eights, duties and liabilities. 203 In the Ciecuit Couet of Cook County, Illinios. 204 John Doe i v. lln Equity. No. 517. 205 Eichard Eoe. J February 10, 1908. Before Hon. John Jones, Judge. 206 This day, the court having jurisdiction of the subject-matter of this action 207 and of the person of the defendant by service of summons and appearance, 208 hears the cause upon pleadings and proofs, and thereupon, upon consideration 209 thereof, the court doth order, adjudge and decree as follows: 1281 210 First— That the defendant is in possession of the premises mentioned in the 211 plai-ntiff's bill of complaint, being (here describe premises) solely by virtue of 212 a lease in writing therefor executed to him on the 30th day of April, 1909, by 213 John Smith for the period commencing on the 1st day of May, 1909, and ending 214 on the thirtieth day of Aptril, 1911. 215 Second— That the plaintiff is the owner in fee simple of said premises sub- 216 ject only to the rights of said defendant under said lease. 217 Third— That plaintiff will be entitled to enter into possession of said prem- 218 ises on the 1st day of May, 1911. 219 Fourth— That defendant pay to the plaintiff his costs of the action. 220 Abbreviation. 221 Hrg on pldgs & prfs & deer (here insert reference to S. 0. B. & draft on 222 file.) Sec. 1 942. FOEM of KBGISTER and minute book with ILLtrSTRATIONS OP MANNER 2 OF MAKING ENTRIES THEREIN.] The foUowiug form wiU serve as an illustration 3 of the manner in which the register and minute book is to be ruled and lettered 4 and of the manner of making entries therein, the printed lettering being indi- 5 cated by words in capitals or small capitals: 1282 O ■a ■a ■a a CO p o H O n o O Q 2; g o o o 13 P n a <» '0 (pl «::4 ea d« C>l '^ S « s fcl a Pm p. m K H Q « O I n xn M !» EH M a Q M CO K ) <^ (4 Pi 5 9 01 g 1 s § t ^ »— 1 1 ■a 2 1 m d a a n tm ,/ ^ » tf 1 •8 '1 o <-> i a £} ta <{ a § J^ "d >) o S en ■2 f^ ■d 1 § "d 5 1 '3 d a g3 I— 1 1 08 s CM O n a M 6 « ft O ►i K ^ 00^ S ca S e S S S p p fl ? ? ^ ^p V 0) u D p. ,3 rts P fc fe fc s ? M <; s J a o » O S5 . -:) ■«! a ij s M & g- I? ■g H £ ^ , o ^ s ■< % S % s 1-3 PS i < H o 1 »:] ■a u ^ t SB ^ H t S (fl CO H 1285 Sec. 1945. Form or insanity eegister and minute book with illustration 2 OF MANNER OP MAKING ENTRIES THEREIN.] The foUowing form Will serve as an 3 illustration of the manner in which the insanity register and minute book here- 4 inbefore provided for is to be ruled and lettered and of the manner of making 5 entries therein, the printed lettering being indicated by words in capitals and 6 small capitals : • TITLE OP PROCBBDI.VG. Richard Roe. NUMBER OF PROCEEDING. 65 CLASSIFICATION OP PROCEEDING. Insane. DATE. 1908 Feb. 10 PAPERS PILED— WRITS ISSUED— ORDERS ENTERED. Feb. 12 Pet of Henry Roe fid. Tr by J. Blcbard Roe prest. Verd (1) insane and fit tor hospital (2) residence Cook Co & age 39 (3) 6 mos duration (*) mautal exertion and worry (6) not hereditary (6) not subieot to epilepsy- (7) not homi^oidal or suicidal (8) oloth- iqg. and board by Jape Roe. Feb. 12 Order.on verd for comtmt Kankakee. Feb. 12 Certified copy of entries delivered to shrf for execn. Sec. 1946. Variance FROM prescribed forms— validity of entry.] A variance 2 in any record entry from the forms prescribed by this act, or the use therein of 3 abbreviations not herein provided for, shall not render such record entry in- 4 valid, if, from the abbreviations or language used therein, the court can ascer- 5 tain what wag intended tg be expressed thereby ; and, in any doubtful case, for 1286 6 the ascertainment of sucli meaning, resort may be had to other portions of the 7 record of the action or proceeding and to other papers filed therein or entries 8 made upon the record books thereof, and, when any order, judgment or decree 9 is entered upon the record in an abbreviated form only, the same presumptions 10 shall attach and the same effect be given thereto as if the same were written 11 out in full in accordance with the rules hereinbefore prescribed. Sec. 1947. Pkovisions as to forms of orders, etc., to be strictly enforced— 2 employment or expert.] It shall be the duty of every court of record to en- 3 force strict compliance with the provisions of this Act pertaining to the keep- 4 ing of the files and records thereof and to the forms of orders, judgments and 5 decrees and the entry thereof upon the record books of the court. Whenever 6 the business of any court of record in any county is, in the opinion of the judge 7 or judges thereof, sufficient to justify it, such judge or judges may employ 8 some competent person whose duty it shall be to prepare for parties to actions 9 and attorneys drafts in proper form of orders, judgments and decrees for sub- 10 mission to the judge or judges for signature or approval and to perform such 11 other services in matters pertaining to the files and records of the court as 12 may be required of him by the judge or judges thereof. The salary of the 13 person so employed shall be fixed by the judge or judges of the court in and 14 for which he is employed and shall be payable in quarterly installments out 15 of the county treasury. Sec. 1948. TiiANscRiPT for use without this state.] AVhenever any tran- 2 script of the record, or any portion thereof, of any action or proceeding, is to be 3 used beyond the limits of this State, the abbreviated forms hereinbefore pro- 4 vided for may be written out in full and the record certified accordingly in the 5 manner heretofore customary. Sec. 1949. Provisions AS TO PILES AND records to be subject to alteration.] 2 The provisions bf this Act pertaining to the keeping of the files and records of 1287 3 the courts of record of this State shall be subject to such alterations and 4 changes, from time to time, as may be directed by the Supreme Court, it being 5 the intention hereof that the Supreme Court shall have full power and author- 6 ity, and that it shall be its duty, to direct all such alterations and changes in 7 the keeping of such files and records as may appear to the court to be needful 8 to secure accuracy, the convenience of litigants and officers of courts, and 9 economy, and for the introduction of the latest and most improved business 10 methods in the administration of justice in this State. DIVISION LXXII. COSTS. Section. 1950. Counties classified. 1951. Plaintiff's costs to clerk in actions not otherwise provided for when jury not demanded. 1952. Plaintiff's additional clerk's costs when jury demanded. I9;3. Appeal from justice of peace — appel- lant's clerk's costs. 1954. Certiorari to justice of peace— peti- tioner's clerk's costs. 1955. Clerk's costs of appellant on appeal from probate or county court. 1956. Plaintiff's clerk's costs in eminent do- main. 1957. Action to contest will— plaintiff's clerk's costs. 1958. Clerk's costs for execution. Section. 1959. Clerk's costs for supplementary pro- ceedings. i960. Defendant's clerk's costs when jury not demanded. 1961. Defendant's additional clerk's costs when jury demanded. T962. Appeal from justice of the peace- appellee's clerk's costs. 1963. Certiorari to justice of the peace — opposite party's clerk's costs. 1964. Clerk's costs of appellee on appeal from probate court or county court. 1965. Clerk's fees on change of venue. 1966. Costs to be paid by defendant or group of defendants entering sepa- rate appearance. 1967. Costs of defendant filing cross-bill. 1968. Costs of parties to intervention. 3288 COSTS — CONCLUDED. Section. 1969. Additional costs of trial or hearing by court. 1970. Clerk's fees in criminal actions. 1971. Clerk's fees in municipal ordinance actions. 1972. Clerk's fees in other quasi criminal actions. 1973. Clerk's fees in bastardy actions. 1974. Clerk's fees in recognizance actions, 1975. Clerk's fees in other proceedings. 1976. Clerk's fees in administration pro- ceedings. 1977. Clerk's fees in guardianship proceed- ings. 1978. Clerk's fees in conservatorship pro- ceedings. 1979. Clerk's fees in apprenticeship proceed- ings. 1980. Clerk's fees in sale of real estate to pay debts. T981. Clerk's fees in special matters. 1982. Clerk's fees in tax proceedings, special ' assessment proceedings and other special proceedings. 1983. Clerk's fees for services not rendered in actions or proceedings in court. 1984. Clerk's fees for special services. 1985. Jury fees. 1986. What constitutes day. 1987. Jury fees when trial unduly pro- tracted. 1988. Refusal of party to pay jury fees. 1989. Sherifif's fees in courts of record. 1990. Sheriff's per diem. 1991. Fees in criminal actions — how paid, 1992. Sheriff's fees before justices of the peace. 1993. Mileage to be endorsed on writs. 1994. Fees of bailiffs, etc. 1995. Fees of masters in chancery. iSECTION, 1996. 1997. Fees in stenographic and typewriting departrt^ent. Use to be made of original and car- bon copies. Fees to witnesses. How witnesses' fees paid. People, municipal corporations, etc., not to pay costs. 2001.' When advance costs not required of defendant — judgment for costs. When defendant entitled to repay-- ment. 1998. 1999. 2000. 2002. 2003. Costs remitted when. 2004. Plaintiff's taxable costs for preparing papers. 2005. Plaintiff's taxable costs for preparing and serving copies. 2006. Defendant's taxable costs for prepar- ing papers. 2007. Defendant's taxable costs for prepar- ing and serving copies. 2Do8. Party's stenographer's fees. 2009. Costs for preparing report of pro- ceedings. 2010. Printing record, etc. 201 1. Printing argument. 2012. Costs for serving summons, etc., by person not ofificer. 2013. Costs of garnishee. 2014. Fees of clerk of supreme court in actions. 2015. Fees of clerk of appellate court in actions. 2016. Other fees of clerk of supreme court. 2017. Other fees of clerk of appellate. court. 2018. Fees of justices of the peace. 2019. Fees of constables. 2020. Collection of fees of justices and con- stables in criminal and warrant actions, 1289 Section. 2021. Fees of justices and constables payable in advance. 2022. Security for costs — form. ' 2023. Signing and effect of security. 2024. Failure to file security — right to se- curity not waived. 2025. Cash deposit in lieu of security — form of certificate. 2026. Party becoming non-resident. 2027. Successful party to recover costs — ■ exceptions. 2028. Party to file bill of costs — verification T— notice — form of bill of costs. Section. 20i29.. Clerk to tax costs according to bill^ exception. 2030. Application to court. 2031. Retaking costs. 2032 Amount of costs not to be specified in judgment, etc. 2033. Objection to bill of costs — when to be made. 2034. Costs not recoverable by opposite party. — how collected. 2035. Bureau of justice. 2036. Poor persons. Sec. 1950. Counties classified.] For the purpose of fixing and regulating 2 the fees of clerks of courts, sheriffs, coroners, and other officers and persons for 3 services rendered in actions and proceedings brought in county, city and circuit 4 courts and in the superior ieourt of Cook county and in the criminal court of 5 Cook county, the several counties of, this State are hereby divided into three 6 classes, according to population as ascertained, from time to time, by the federal 7 census, to be known as the first, second and third, the first class to consist of 8 counties containing a population of not exceeding twenty-five thousand (25.000) 9 inhabitants, and the second class to consist of counties containing a population 10 of over twenty-five thousand (25,000) and not exceeding one hundred thousand 11 (100,000) inhabitants, and the third third class to consist of all counties contain- 12 ing a population exceeding one hundred thousand (100,000) inhabitants. Sec. 1951. Plaintiff's costs to clerk in actions not othbbwise provided for 2 WHEN JURY not DEMANDED.] The costs to be paid by the plaintiff to the clerk 3 of the court of record of original jurisdiction in an action or proceeding not 4 hereinafter otherwise expressly provided for, including an action for the con § fession of a judgment, whe^ the plaintiff does not file with the clerk a demand in 1290 •. ,. • 6 writing of a trial by jury, which costs, excepting as may be otherwise hereinafter 7 provided, shall be payable at the time of the commencement of the action and 8. shall be in full for all services to be rendered by said clerk for the plaintiff, other 9 than services for which special provision is made by this Act, shall be as follows : 10 First— AcTioiss at law tobboovee money oe peesonal peopeett.] In every 11 action at law for the recovery of money or personal property, or both, when the 12 amount in money or property, or both, claimed by the plaintiff does not exceed 13 one hundred dollars ($iOO), the sum of two dollars ($2) in counties of the first 14 and second classes, and the sum of three dollars ($3) in counties of the third 15 class ; when the amount in money or property, or both, claimed by the plaintiff 16 exceeds one hundred dollars ($100), but does not exceed two hundred dollars 17 ($200), the sum of three dollars ($3) in counties of thiB first and second classes 18 and the sum of three dollars and fifty cents ($3.50) in counties of the third 19 class; when the amount in money or property, or both, claiined by the plain- 20 tiff exceeds two hundred dollars ($200), but does not exceed one thousand 21 dollars ($1,000), the sum of four dollars ($4) in counties of the first and second 22 classes and the sum of five dollars ($5) in counties of the third class; and when 23 the amount in money or property, or both, claimed by the plaintiff exceeds one 24 thousand dollars ($1,000), the sum of six dollars ($6) in counties of the first 25 and second classes and the sum of eight dollars ($8) in counties of the third 26 class. 27 Second— ¥onGiBijE detainee.] In every action of forcible detainer, the sum of 28 four dollars ($4) in counties of the first and second classes and the sum of four 29 dollars and fifty cents ($4.50) in covinties oi the third class: Provided, however, 30 that when, in any such action, the plaintiff unites with his claim for possession 31 of the property any claim for rent or damages, he shall pay, in the counties of 32 each class, the further sum of one dollar ($1) when the amount claimed for 33 rent or damages does not exceed one hundred dollars ($100), or the further 34 sum of two dollars ($2) when the amount claimed for rent or damages ex- 35 ceeds one hundred dollars ($100), but does not exceed two hundred dollars 1291 36 ($200), or the further sum of three dollars ($3) when the amount clauned for 37 rent or damages exceeds two hundred dollars ($200) but does not exceed one 38 thousand dollars ($1,000), or the further sum of five dollars ($5) when the 39 amount claimed for rent or damages exceeds one thousand dollars ($1,000). 40 !P/iirc?— Ejectment.] In every action of ejectment, the sum of fifteen dollars 41 ($15) in counties of the first and second classes, and the sum of twenty dollars 42 ($20) in counties of the third class, and an additional sum of two dollars ($2) 43 in counties of each of said classes for each lot or parcel of land mor^ than one 44 given a separate description in the plaintiff's claim. 45 Fourth— J)iyoB,c^.] In every action for divorce, the sum of fifteen dollars 46 ($15) in counties of the first and second classes and the sum of twenty dollars 47 ($20) in counties of the third class. 48 i^i/i/jr— Partition.] In every action for partition, the sum of fifteen dollars 49 ($15) in counties of the first and second classes and the sum of twenty dollars 50 ($20) in counties of the third class, and an additional five dollars ($5) in coun- 51 ties of each of said classes for each lot or tract of land more than one given a 52 separate description in the plaintiff's bill of complaint. 53 fi'iaji/?'— Foreclosure of mortgate or lien.] In every action in equity to fore- 54 close a mortgage or enforce a lien, when the amount claimed by the plaintiff 55 does not exceed one thousand dollars ($1,000), the sum of five dollars ($5) in 56 counties of the first class, the sum of six dollars ($6) in counties of the second 57 class and the sum of eight dollars ($8) in counties of the third class ; when the 58 amount claimed by the plaintiff exceeds one thousand dollars ($1,000) and 59 does not exceed five thousand dollars ($5,000), the sum of ten dollars ($10) in 60 counties of the first and second classes and the sum of twelve dollars ($12) in 61 counties of the third class ; and when the amount claimed by the plaintiff exceeds 62 five thousand dollars ($5,000), the sum of fifteen dollars ($15) in counties of 63 the first and second classes, and the sum of twenty dollars ($20) in counties of 64 the third class. 1292 65 Seventh— AcTWs fob injunction.] In every action in equity in which an 66 injunction is prayed in the plaintiff's bill of complaint, the sum of five dollars 67 ($5) in counties of the first and second classes and the sum of ten dollars ($10) 68 in counties of the third class in addition to the costs which would be otherwise 69 payable in accordance with the provisions hereof. 70 Eighth— Action fob beoeivee.J In every action in equity in which the ap- 71 pointment of a receiver is prayed for in the plaintiff's bill of complaint, the 72 sum of five dollars ($5) in counties of the first and second classes and the sum 73 of ten dollars ($10) in counties of the third class in addition to the costs which 74 would be otherwise payable in accordance with the provisions hereof. 75 Ninth— Ots^ir actions in equity.] In every action in equity other than an 76 action for divorce, an action for partition or an action to foreclose a mortgage 77 or enforce a lien, the sum, of nine dollars ($9) in counties of the first class, the 78 sum of ten dollars ($10) in counties of the second class and the sum of fifteen 79 dollars ($15) in counties of the third class. 80 Tewiffe— Mandamus and quo waeeanto.] In every action of mandamus and in 81 every action of quo warranto, the sum of fifteen dollars ($15) in counties of 82 the first and second classes and the sum of twenty dollars ($20) in counties of 83 the third class. 84 Eleventh— AcTioss not othbewise peovided for.'] In every action at law or 85 special proceeding not included in the above and not hereinafter provided for 86 the sum of twelve dollars ($12) in counties of the first and second classes and 87 the sum of fifteen dollars ($15) in counties of the third class. 88 Twe?/i/!^— Amendment changing amount of claim, etc.] Whenever, after the 89 commencement of an action, any amendment is made to the plaintiff's claim, 90 bill, petition or other paper, by reason of which the amoiint of his claim is 91 increased beyond the amount claimed at the time of the commencement of his 92 action, or an injunction or the appointment of a receiver is prayed for, when 93 such relief was not prayed for at the time of the commencement of the action, 94 he shall, at the time of the filing of such amendment, pay such additional costs 1293 95 as he would have been required to pay, and in addition thereto, such additional 96 costs as the respective defendants who have entered their appearances would 97 have been required to pay, as hereinafter provided, at the time of entering 98 their appearances, had such amendment been made at the time of the commence- 99 ment of the action. Sec. 1952. Plaintiff's additional costs when juey demanded.] The 2 plaintiff at the time of commencing any action or proceeding mentioned in the 3 preceding section, if he files with the clerk of the court of record of original 4 jurisdiction a demand in writing of a trial by jury, shall pay to the elerk, over 5 and above the respective sums provided for in the preceding section, the sum 6 of six dollars ($6) in counties of each class. Sec. 1953. Appeal from justice of peace — appellant's clerk's costs.] In 2 every appeal from a justice of the peace the party prosecuting the appeal shall, 3 at the time of perfecting his appeal, pay to the justice of the peace four dollars 4 ($4), of which sum the justice of the peace shall transmit to the clerk of the court 5 appealed to the sum of two dollars ($2), which shall be in full for all services 6 to be rendered by said clerk for the appellant, other than services for which 7 special provision is made by this Act, and if such party files in the court ap- 8 pealed to a demand in writing of a trial by jury in such action he shall, at the 9 time of filing such demand, pay to the clerk of the court appealed to an addi- 10 tional sum of six dollars ($6) in counties of each class. Sec. 1954. Certiorari to justice op pbace^-p'etitioner's clbkk's costs.] In 2 every case of certiorari to a justice of the peace to review a judgment as pro- 3 vided in this act, the party prosecuting the same shall, at the time of the filing 4 of his petition, pay to the clerk of the court in which the same is filed the sum 5 of four dollars ($4) in cash, of which amount two dollars ($2) shall be retained 6 by said clerk in full for all services to be rendered by said clerk for the peti- 7 tioner, other than services for which special provision is made by this Act, 1294 8 and the remaining two dollars ($2) thereof shall be transmitted by the clerk to 9 the justice of the peace before whom the judgment was obtained, together 10 with the writ of certiorari, as the costs of such justice of the peace for' the 11 making of the authenticated record, of the proceedings in the action; and if such 12 petitioner files in the court from which the writ of certiorari is prosecuted a 13 demand in writing of a trial by jury in such action, he shall, at the time of filing 14 such demand, pay to the clerk an additional sum of six dollars ($6) in counties 15 of each class. Sec. 1955. Clerk's costs of appellant on appeal peom probate or county 2 COURT.] In every appeal from an order of a county court or probate court 3 allowing or disallowing any will to probate, the party prosecuting the appeal , 4 shall, at the time of filin,g in the court appealed from the notice of appeal, pay 5 to the clerk of the court appealed from the sum of twenty-five dollars ($25) 6 in counties of the first and second classes and the sum of thirty dollars ($30) in 7 counties of the third class, of which amount five dollars ($5) shall be retained 8 by said clerk as his fees for preparing and transmitting to the clerk of the court 9 appealed to the authenticated record and the remaining twenty dollars ($20) 10 in counties of the first and second classes, or twenty-five dollars ($25) in 11 counties of the third class, shall be transmitted by said clerk, together with the 12 authenticated record, to the clerk of the court appealed to in full for all services 13 to be rendered by said clerk to the party appealing other than the making or 14 furnishing of transcripts of the record or other services for which express pro- 15 vision as to fees is made by this Act. i Sec. 1956. Plaintiff's clerk's costs in eminent domain.] In every eminent 2 domain action the plaintiff, at the time of commencing the action, shall pay to 3 the clerk of the court of original jurisdiction, in full for all services to be ren- 4 dered by said clerk for the plaintiff other than services for which special pro- 5 vision is made by this Act, the sum of twenty dollars ($20) in counties of the 1295 6 first class, the sum of twenty-five dollars ($25) in counties of the second class 7 and the sum of thirty dollars ($30) in counties of the' third class, and the 8 further sum of five dollars in counties of each of said classes for each lot or 9 parcel of land, more than one, specified in the plaintiff's petition requiring a 10 separate assessment of damages. Sec. 1957. Action to contest will— plaintiff's clerk's costs.] In every 2 action in equity for the contesting of a last will and testament, the plaintiff at 3 the time of commencing the action, shall pay to the clerk of the court of original 4 jurisdiction, in full for all services to be rendered by said clerk for the plain- 5 tiff, other than services for which special provision is made by this Act, the 6 sum of fifteen dollars ($15) in counties of the first class, the sum of twenty 7 dollars ($20) in counties of the second class and the sum of twenty-five dollars 8 ($25) in counties of the third class. Sec. 1958. Clerk's costs foe execution.] The costs to be paid to the 2 clerk of the court of original jurisdiction at the time of suing out any writ of 3 execution, alias execution or pluries execution, by the party suing out the same, 4 shall be the sum of one dollar ($1) in counties of each of said classes. Sec. 1959. Clerk's costs for supplementary proceeding.] The costs to 2 be paid to the clerk of the court of original jurisdiction, at the time of insti- 3 tuting any supplementary proceeding provided for by this Act for the coUec- 4 tion of any judgment for money, by the party instituting the same, shall be 5 the sum of one dollar ($1) . when the amount of the judgment does not exceed • 6 one hundred dollars ($100), the sum of two dollars ($2) when the amount of 7 the judgment exceeds one hundred dollars ($100) but does not exceed five hun- 8 dred dollars ($500), and the sum of three dollars ($3) when the amount of the 9 judgment exceeds five hundred dollars ($500) but does not exceed one thou- 10 sand dollars ($1,000) and the sum of six dollars ($6) when the amount of 11 the judgment exceeds one thousand dollars ($1,000), in counties of each of 12 said classes. 1296 Sec. I960. Defendant's clerk's costs when jury not demanded.] The 2 costs to be paid by the defendant to the clerk of the court of original juris- 3 diction at the time of entering his appearance in any action referred to in 4 the nine preceding sections, when the defendant does not file with the clerk a 5 demand in writing of a trial by jury, which costs shall be in full for all serv- 6 ices to be rendered by said clerk for the defendant other than services for 7 which special provision is made by this Act, shall be as follows : 8 First- — Action at law to recover money or personal PR0PERT'\r] In every 9 action at law for the recovery of money or personal property, or both, when 10 the amount in money or property, or both, claimed by the plaintiff does not 11 exceed one hundred dollars ($100), the sum of one dollar ($1) in counties of 12 each class; when the amount in money or property, or both, claimed by the 13 plaintiff exceeds one hundred dollars ($100) but does not exceed two hundred 14 dollars ($200), the sum of two dollars ($2) in counties of each class; when 15 the amount in money or property, or both, claimed by the plaintiff exceeds 16 two hundred dollars ($200), but does not exceed one thousand dollars ($1,000), 17 the sum of three dollars ($3) in counties of each class; and when the amount 18 in money or property, or both, claimed by the plaintiff exceeds one thousand 19 dollars ($1,000), the sum of foiir dollars ($4) in counties of the first and sec- 20 ond classes and the sum of six dollars ($6) in counties of. the third class. 21 Second — Forcible detainer.] In every action of forcible detainer the sum 22 of one dollar ($1) in counties of each class: Provided, however, that when, 23 in any such action, the plaintiff unites with his claim for possession of the 24 property any claim for rent or damages the defendant shall pay in the counties 25 of each class an additional sum which shall be fifty cents ($0.50), when the 26 amount claimed for rent or damages does not exceed one hundred dollars 27 ($100), one dollar ($1) when the amount claimed for rent or damages exceeds 28 one hundred dollars ($100) but does not exceed two hundred dollars ($200), or 29 two dollars ($2) when the amount claimed for rent or damages exceeds two 1297 30 hundred dollars ($200) but does not exceed one thousand dollars ($1,000), or 31 four dollars ($4) when the amount claimed for rent or damages exceeds one 32 thousand dollars ($1,000). 33 T/iircZ— Ejectment.] In every action of ejectment the sum of four dollars 34 ($4) in counties of the first and second classes and the sum of five dollars ($5) 35 in counties of the third class, and an additional sum of one dollar ($1) for 36 each separate lot or parcel of land, more than one, given a separate description 37 in the plaintiff's claim. 38 Fourth — Divorce.] In every action for divorce the sum of four dollars ($4) 39 in counties of the first class, the sum of five dollars ($5) in counties of the second 40 class and the sum of ten dollars ($10) in counties of the third class. 41 Fifth — Partition.] In every action for partition the sum of five dollars 42 ($5) in counties of the first and second classes and the sum of six dollars ($6) 43 in counties of the third class. 44 Sixth — Foreclosure of mortgage or liest.] In every action in equity to 45 foreclose a mortgage, when the amount claimed by the plaintiff does not ex- 46 ceed one thousand dollars ($1,000), the sum of one dollar ($1) in counties of the 47 first class, the sum of two dollars ($2) in counties of the second class and the sum 48 of three dollars (3) in counties of the third class ; when the amount claimed by 49 the plaintiff exceeds one thousand dollars ($1,000), the sum of three dollars 50 ($3) in counties of the first and second classes and the sum of five dollars ($5) 51 in counties of the third class. 52 Seventh— A.GT101S ,-eoR injunction.] In every action in equity in which an 53 injunction is prayed for in the plaintiff's bill of complaint, the sum of two dollars 54 ($2) in counties of the first and second classes and the sum of three ($3) in 55 counties of the third class, in addition to the costs otherwise payable as pro- 56 vided by this section. 57 Eighth — ^Action for receiver.] In every action in equity in which the ap- 58 pointment of a receiver is prayed for in the plaintiff's bill of complaint, the 1298 59 sum of three dollars ($3) in counties of the first and second classes and the 60 sum of four dollars ($4) in counties of the third class, in addition to the costs 61 otherwise payable as provided by this section. 62 Ninth — Other actions in equity.] In every action in equity other than an 63 action for divorce, an action for partition, or an action to foreclose a mortgage 64 or enforce a lien, the sum of three dollars ($3) in counties of the first class, the 65 sum of four dollars ($4) in counties of the second class and the sum of five dol- 66 lars ($5) in counties of the third class. 67 Tenth — Mandamus and quo wakbanto.J In every action of mandamus and ■68 in every action of quo warranto, the sum of five dollars ($5) in counties of the 69 first class, the sum of six dollars ($6) in counties of the second class, and the 70 sum of ten dollars ($10) in counties of the third class. 71 Eleventh — When defendant claims set-off or files counter claim.] In 72 every action at law, when the defendant includes a set-off in his specification of 7.'! defense or defenses, or files a counter claim, he shall, in addition to the fees 74 above provided for, pay th« sum of one dollar ($1) in counties of each class 75 when the amount claimed by him by such set-off or counter claim does not ex- 76 ceed two hundred dollars ($200) ; the sum of two dollars ($) in counties of the 77 first and second classes and the sum of three dollars ($3) in counties of the third 78 class, when the amount claimed by him by such set-off or counter claim exceeds 79 two hundred dollars ($200) but does not exceed one thousand dollars ($1,000) ; 80 and the sum of three dollars ($3) in CDunties of the first and second classes and 81 the sum of five dollars ($5) in counties of the third class, when the amount 82 claimed by him by such set-off or counter claim exceeds one thousand dollars 83 ($1,000). 84 Twelfth — Other actions at law.] In every action at law not included in 85 the above, the sum of three dollars ($3) in counties of the first class, the sum of 85 four dollars ($4) in counties of the second class and the sum of five dollars ($5) 87 in counties of the third class. 1299 Sec. 1961. Defendant's additional costs when jxtey demanded.] 2 The defendant, at the time of entering his appearance in the court of original 3 jurisdiction in any action or proceeding mentioned in the preceding section, if 4 he files with the clerk a demand in writing of a trial by jury, shall pay to the 5 clerk, over and above the respective sums provided for in the preceding section, 6 the sum of six dollars ($6) in counties of each class. Sec. 1962. Appeal prom justice op the peace — appellee's clerk's costs.] 2 In every appeal from a justice of the peace the appellee shall, at the .time of 3 entering his appearance in the court appealed to, pay to the clerk the sum of 4 two dollars ($2) in counties of each class, which sum shall be in full for all 5 services to be rendered by said clerk for the appellee other than services for 6 which special provision is made by this Act, and, if such party files with the clerk 7 a demand in writing of a trial by jury in such action, he shall pay to the clerk 8 an additional sum of six dollars ($6) in counties of each class. Sec. 1963. Certiorari to justice of the peace — opposite party's clerk's 2 costs.] In every case of certiorari to a justice of the peace to review a judg- 3 ment as provided in this Act the party not a petitioner shall, at the time of 4 entering his appearance in the court from which the writ of certiorari is prose- 5 euted, pay to the clerk the sum of two dollars ($2) in counties of each class, 6 which sum shall be in full for all services to be rendered by such clerk to such 7 party, other than services for which special provision is made by this Act, and, if 8 such party files with the clerk a demand in writing of a trial by jury in such action, 9 he shall pay to the clerk an additional sum of six dollars ($6) in counties of 10 each class. Sec. 1964. Clerk's costs of appellee on appeal from probate court or 2 county court.] In every appeal from an order of a county court or probate 3 court allowing or disallowing any will to probate, the appellee shall, at the time 130U 4 of filing his. appearance in writing in ,the court appealed to, pay to the clerk 5 the sum of five dollars (5) in counties of each class, which sum shall be in full 6 for all services to be rendered by said clerk to the appellee other than services 7 for which special provision is made by this Act. , Sec. 1965. Clerk's fees on change op venue.] The party obtaining an 2 order for a change of venue .to another court in a civil or quasi criminal action 3 shall, at the time of obtaining such order, pay to the clerk of the court from 4 which the change is made the sum of five dollars ($5), of which sum two dollars 5 ($2) shall be retained by such clerk as his fees for authenticating and trans- 6 mitting the record of the action and the remaining three dollars ($3) of said 7 sum shall be transmitted by him to the clerk of the court to which the change is 8 made as the costs of such clerk, which costs shall be in full for all services to 9 be rendered by said clerk for the parties to said action other than services for 10 which special provision is made by this Aft. When a change of venue is grant- 11 ed to another court by the court of its own motion, no costs shall be payable 12 by either party on account thereof, but the clerk of the court from which the 13 change of venue is granted shall forthwith prepare the authenticated record 14 and transmit the same to the court to which the change of venue is taken and 15 the same shall be there filed. Sec. 1966. Costs to be paid by defendant or group of defendants enter- 2 iNG sepapvAte appearance.] The costs hereinbefore provided to be paid by the 3 defendant at the time of entering his appearance, in an action or proceeding 4 where there are several defendants, shall be paid by each defendant or group 5 of defendants who may enter a separate appearance or separate appearances. Sec. 1967. Costs of dependant piling cross-bill.] When any defendant 2 or any group of defendants in any action in equity shall file a cross-bill of com- 3 plaint he or they shall, at the time of the filing of the same, pay to the clerk 4 of the court of original jurisdiction the same fees which, in accordance with 1301 5 the preceding provisions hereof, would be required to be paid by a plaintiff at 6 the time of the filing of a bill of complaint of the same class, less the fees paid 7 by such defendant or group of defendants at the time of filing his or their ap- 8 pearance. Sec. 1968. Costs of parties' to intervention.] The costs to be paid by an 2 intervener to the clerk of the court of original jurisdiction in any. action at the -3 time he files his intervener's claim, bill of intervention or petition, shall be the 4 same as he would be required to pay if such claim, bill or petition were the 5 claim, bill or petition of a plaintiff in an original action, and such costs shall 6 be in full for all services to be rendered by said clerk for the intervener, other 7 than services for which special provision is made by this Act ; and when, by any 8 bill of intervention in an action in equity, any person is made a defendant 9 thereto who was not a party to the action prior thereto or who, being prior 10 thereto a party to the action, did not enter his appearance therein, such de- ll fendant, at the time of entering his appearance as a defendant to said bill of 12 intervention, shall pay the same costs he would be required to pay if he entered 13 his appearance as a defendant in an original action brought by said intervener 14 upon the same cause of action. Sec. 1969. Additional, costs of trial or hearing by court.] Whenever the 2 trial or hearing of any action in a court of record of original jurisdiction tried 3 or heard by the court without a jury shall occupy more than one-half day's 4 time there shall be taxed as costs against the unsuccessful party, or against the 5 party against whom the costs of the action are to be taxed, the sum of five 6 dollars ($5) for each half day or fractional half day in addition to such first 7 half day occupied by such trial: Provided, however, that when the trial or 8 hearing of any such action is unduly protracted through the fault of the suc- 9 cessful party the court may, in its discretion, require such portion of the costs, 10 as the court may deem reasonable, to be taxed against the successful party 1302 11 and the same shall be taxed accordingly. A trial or hearing within the mean- 12 ing of the provisions of this Act relating to costs shall include not only a 13 final trial of an action at law or a final hearing in equity but also a hearing 14 upon any contested motion in any action at law or in equity. Three hours shall 15 constitute a half day and six hours shaU constitute a full day within the mean- 16 ing of this Act, excepting when otherwise expressly provided. Sec. 1970. C'lerk's fees in ceiminal, actions.] The clerk's fees in a court 2 of record of original jurisdiction in criminal actions, which fees shall be in full 3 for all services to be rendered by said clerk for both parties, other than serv- 4 ices for which special provision is made by this Act, shall be as follows : 5 Firs f— Capital case.] In every capital case, when the defendant enters a 6 plea of guilty, fifteen dollars ($15) ; when the defendant is convicted after 7 a trial by jury, thirty dollars ($30). 8 /Secowt?— Felony othee than capital.] In every felony case, othiBr than 9 a capital case, when the defendant pleads guilty, ten dollars ($10) ; when 10 the defendant is convicted after a trial by jury, twenty-five dollars ($25). 11 Third— Gosspi-RACY.] In every conspiracy case, when the defendant pleads 12 guilty, ten dollars ($10) ; when the defendant is convicted after a trial by jury, 13 twenty-five dollars ($25). 14 Fowrf/i— Misdemeanor.] In every case in which the punishment is not 15 death or confinement in the penitentiai-y, when the defendant pleads guilty, 16 three dollars ($3) ; when the defendant is convicted after a trial by the court, 17 six dollars ($6) ; when the defendant is convicted after a trial by jury, fifteen 18 dollars ($15) : Provided, hoivever, that in any action in which the defendant 19 pleads guilty or is convicted after a trial by the court and the fine imposed 20 by the court, when the punishment is by fine only, does not exceed ten dollars 21 ($10), the clerk's costs taxed against the defendant shall riot exceed one dollar 22 ($1). 1303 ' Sec. 1971. Clerk's pees in municipal ordinance actions.] In quasi crimi- 2 nal actions to recover fines or penalties for the violation of municipal ordinances 3 the clerk's fees, which fees shall be in full for all services to be rendered by 4 said clerk for both parties,- other than services for which special provision is 5 made by this act, shall be three dollars ($3) when the defendant is defaulted or , 6 pleads guilty; six dollars ($6) when the defendant is convicted after a trial by 7 the court, and fifteen dollars ($15) when the defendant is convicted after a trial 8 by jury : Provided, however, that in any action in which the defendant pleads 9 guilty or is convicted after a trial by the court and the fine imposed by the 10 court does not exceed ten dollars ($10) the clerk's costs taxed against the de- ll fendant shall not exceed one dollar ($1). Sec. 1972. CijEuk's pees in other quasi criminal actions.] In quasi erimi- 2 nal actions instituted by the People of the State of Illinois, or in the name of any 3 state, county or municipal officer in his official capacity, the clerk's fees which ■ft' 4 shall be in full for all services to be rendered by said clerk for both parties, 5 other than services for which special provision is made by this act, shall be three 6 dollars ($3) when judgment is rendered against the defendant by default or up- 7 on a plea of guilty, or other admission of liability; six dollars ($6) when judg- 8 ment is rendered against the defendant after a trial by the court ; and fifteen dol- 9 lars ($15) when judgment is rendered a,gainst the defendant after a trial by 10 jury: Provided, however, that in any action in' which a defendant pleads guilty 11 or is convicted after, a trial by the court and the fine imposed by the court does 12 not exceed ten dollars ($10) , the clerk 's costs taxed against the defendant shall 13 not exceed one dollar ($1). Sec. 1973. Clerk's pees in bastardy actions.] The clerk's fees in a court 2 of record of ori,ginal jurisdiction in bastardy actions shall be a's follows : 3 J^irs^— Without trial by jury.] When the action is disposed of without 4 a trial by jury, six dollars ($6). 1304 5 Second— Tbial, by jury.] When the action is disposed of after a trial by 6 jury, twelve dollars ($12. Sec. 1974. Clerk's fees in recognizance actions.] The clerk's fees in a 2 court of record of original jurisdiction in actions on recognizances shall be as 3 follows : 4 First— WiTnovT trial by jury.] When the action is disposed of without 5 a trial by jury, the sum of five dollars ($5) in counties of the first and second 6 classes and eight dollars ($8) in counties of the third class. 7 Second— IViTS trial by juBy.] When the action is disposed of after a 8 trial by jury, twelve dollars ($12) in counties of each class and an additional 9 twelve dollars ($12) for each half day or fractional half day occupied by the 10 trial over and above the first day thereof. Sec. 1975. Clerk's pees in other proceedings.] The clerk's fees in a court 2 of record of original jurisdiction in all actions and proceedings not included 3 within those specified in the twenty-four (24) preceding sections, other, than 4 probate matters, shall be the same as those provided by the laws in force at 5 the time of the taking effect of this Act. Sec. 1976. Clerk's fees in administration proceedings.! The fees of 2 clerks of county courts and probate courts in counties of each class in adminis- 3 tration proceedings shall be as follows: 4 i^ir^^— General services in intestate estate.] For all services to be ren- 5 dered by said clerk in an intestate estate, other than services for which special 6 provision is made by this Act, the sum of fifteen dollars ($15). 7 Second— G'eseraij services in testate estate.] For all services to be ren- 8 dered by said clerk in a testate estate other than services for which special 9 provision is made by this act, the sum of thirty dollars ($30). 10 T/wTii— Certificate op administration.] For each certificate of adminis- 11 tration, one dollar ($1), and, when the same is accompanied by a copy of a last 1305 12 will and testament, an additional sum equal to fifteen (15) cents for each one 13 hundred (100) words thereof. 14 Fowife— Uncontested claims.] For each claim filed against the estate 15 when the same is uncontested, one dollar ($1). 16 Fi/^/i — Contested claims.] For each claim filed against the estate when 17 the same is contested, the sum of two dollars ($2) when the claim does not 18 exceed one hundred dollars ($100) ; the sum of three dollars ($3) when the 19 claim exceeds one hundred dollars ($100) but does not exceed two hundred 20 dollars ($200) ; the sum of four dollars ($4) when the claim exceeds two hun- 21 dred dollars ($200) but does not exceed one thousand dollars ($1,000), and 22 the sum of six dollars ($6) when the claim exceeds one thousand dollars 23 ($1,000). 24 Sixth— Boi>iTi.] For each bond of an executor or administrator, the sum of 25 one dollar ($1). 26 Seventh— muFonT.] For each executor's or administrator's report, the sum 27 of two dollars ($2). 28 Eighth— Git ATioi^.] For each citation, one dollar ($1). 2^ Ninth— Petition .] For each petition, other than a petition for administra 30 tion, when filed by any person other than an executor or administrator, two 31 dollars ($2). 32 Te«iS'fi'^v;iUi9-