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APPROVAL OF OFFICIAL BONDS.
§ 1. County boards in counties under township organization may appoint committees to
act for the board. An Act to authorize boards of supervisors in counties under town
ship organization to appoint a committee to approve official bonds.
SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That in all cases where official bonds are required by law to be approved by the board of supervisors in counties under township organization, such board may select a committee for that purpose, which committee shall have full power and authority to act, and its acts have the same force and effect as if done by the board in session.
APPROVED June 17, 1887.
§ 1. Amends section 8 by adding the last proviso. An Act to amend section eight (8) of an act entitled “An act to
establish Appellate courts," approved June 2, 1877, in force July 1, 1877.
SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That section eight (8) of an act entitled "An act to establish Appellate courts," approved June 2, 1877, in force July 1, 1877, be and the same is hereby amended so as to read as follows:
"Section 8. The said Appellate courts created by this act shall exercise appellate jurisdiction only, and have jurisdiction of all matters of appeal or writs of error from the final judgments, orders or decrees of any of the circuit courts, or the Superior Court of Cook county, or county courts, or from the city courts in any suit or proceeding at law, or in chancery other than criminal cases, not misdemeanors, and cases involving a franchise or freehold or the validity of a statute. Appeals and writs of error shall lie from the final orders, judgments or decrees of the circuit and city courts, and from the Superior Court of Cook county, directly to the Supreme Court, in all criminal cases and in cases involving a franchise or freehold or the validity of a statute. In all cases determined in said Appellate courts, in actions ex-contractu wherein the amount involved is less than one thousand dollars ($1,000), exclusive of costs, and in all cases sounding in damages, wherein the judgment of the court below is less than one thousand dollars ($1,000), exclusive of costs, and the judgment is affirmed or otherwise finally disposed of in the Appellate Court, the judgment, order or decree of the Appellate Court shall be final, and no appeal. shall lie or writ of error be prosecuted therefrom: Provided, the term ex-contractu as used in this section shall not be construed to include actions involving a penalty. In all other cases appeals shall lie and writs of error may be prosecuted from the final judgments, orders or decrees of the Appellate courts to the Supreme Court: Provided, also, that in any case a majority of the judges of the Appellate Court shall be of opinion that a case decided by them involving a less sum than one thousand dollars ($1,000), exclusive of costs, also involves questions of law of such importance, either on account of principal or collateral interests, as that it should be passed upon by the i Supreme Court, they may in such cases grant appeals and writs of error to the Supreme Court on petition of parties to the cause, in which case the said Appellate Court shall certify to the Supreme Court the grounds of granting said appeal: And provided, further, that in all actions where there was no trial on an issue of fact in the lower court, appeals and writs of error shall lie from the Appellate courts to the Supreme Court where the amount claimed in the pleadings exceeds one thousand dollars ($1,000).”
APPROVED June 6, 1887.
JUDGES COOK COUNI Y.
$ 1. Provides for the election of six addi- § 2. Fixes time of election and term of oftional judges of the circuit court of
fice, after first election under this act. Cook county.
§ 3. Emergency. An Act to provide for an increase of the number of judges of the
Circuit Court of Cook county. WHEREAS, it appears by a canvass of this State, commonly known as the school census, taken in the year 1886, pursuant to law, that the number of inhabitants of the said county of Cook was over nine hundred and sixteen thousand (916,000), and that thereby said county is entitled by section 23, article 6, of the constitution of this State to six additional judges; therefore
SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That an election be held by the qualified electors of said county of Cook on the first Monday of June, next after this act shall take effect, for six additional judges of the circuit court, whose term of office shall expire upon the first Monday in June, 1891, upon the election and qualification of their successors in office.
§ 2. Upon said first Monday of June, 1891, and every six years thereafter, there shall be elected at ihe same time and in the same manner as the other judges of said circuit court, six judges successors in office of the judges by this act authorized to be elected.
§ 3. All acts in conflict herewith are hereby repealed; and whereas the docket of said court being much overcrowded, an emergency exists. This act shall go into effect upon its passage.
APPROVED May 4, 1887.
JUDGES MAY HEAR AND DECIDE
CASES BY AGREEMENT BETWEEN PARTIES.
$ 1. Controversies between parties by § 2. Judge shall hear without delay; appeals agreement; terms of agreement.
not allowed. An Act to enable parties to avoid delay in the administration of
justice, SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That any two or more persons or corporations may appear in person or by attorney in any circuit court (or in the Superior Court of Cook County) and submit to any judge thereof, orally, and without formal pleadings, any matter in controversy, having first entered into a written agreement (to be entered of record) and substantially in the following form, to-wit: "In the circuit (court) of....
county. First-We (here insert names) do hereby mutually agree to submit to Judge (here insert name), of said court, certain matters in controversy between us for his determination, without a jury, he to hear the same forthwith and to enter the judgment or decree of the court therein within (here insert number of days or "forth with") days after such hearing is concluded.
Second–That said judgment or decree shall contain a statement as to what matters in controversy were so submitted, and such statement thereof shall be conclusive.
Third–That no record except of this agreement and of such judgment or decree shall be made as to the matters in controversy so submitted, or as to the proceedings had on the hearing thereof.
Fourth-That such judgment or decree may be enforced in like manner as other judgments and decrees of such court.
Fifth-That we each to the other hereby waive all right of appeal from such judgment or decree and release all errors that may intervene in the hearing of the matter so submitted, and in the entering up of the judgment or decree therein, and agree that this release of errors may be plead in bar of any writ of error that may be sued out as to such judgment or decree.
Witness our hands and seals, this ....day of ....... A, D....
PEAL.] Such agreement shall be signed by the parties in person or by duly authorized attorney in fact, and when so executeil shall be of binding force upon the parties thereto in all the courts of this State.
§ 2. It shall be the duty of such judge to proceed and in a summary manner to hear and determine the matters so submitted, and he shall enter a judgment or decree therein, within the time fixed in said agreement, which said judgment or decree shall be final and conclusive, and may be enforced in like manner as other judgments or decrees of such court, but no appeal shall be allowed therefrom.
APPROVED June 17, 1887.
$ 3. Oath of office.
§ 1. Judges may appoint reporters.
transcript charged as costs.
An Act to authorize the judges of the circuit courts to appoint short
hand reporters for the taking and preservation of evidence and to provide for their compensation.
SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That the several judges of the circuit courts in this State be and they are hereby authorized to appoint a short-hand reporter for their respective courts, whose duty shall be as hereinafter specified. The reporter so appointed shall hold his position during the pleasure of the judges appointing him; not, however, to extend beyond the time the judges making such appointment shall be elected for: Provided, however, that in case of the absence or disability of the reporter so appointed, the presiding judge may appoint any other reporter to act in his place during such absence or disability.
§ 2. The said reporter shall cause full phonographic notes of the evidence in all trials in the court for which he is so appointed to be taken down, and one transcript of the same, if desired by either party to the suit or by their attorney or by the judge of the court, to be forth with correctly made and furnished to the party so desiring it. The compensation of the reporter for taking such phonographic notes shall be fixed by the judges appointing him at any sum not exceeding five dollars per day. The presiding judge of the court shall furnish to said reporter at the close of each term of court a certificate showing the amount per diem due him, and upon presentation to the county treasurer of such county he shall pay the same out of any funds of such county in his hands. Said reporters shall be allowed to charge not to exceed fifteen cents per one hundred words for making transcripts of said short-hand notes, to be paid in the first instance by the party on whose behalf such transcript is ordered, and allowed and taxed as costs in the suit, and the transcript when so paid for by the party ordering it and the charges for the same is taxed as costs, the same shall be filed and remain with the papers in the case: Provided, however, that when the judge trying the cause shall, of his own motion, order a transcript of said short-hand notes as herein before provided, he may direct the payment of the charges therefor and the taxation of the same as costs in such manner as to him may seem just: Provided, always, that the charges for making but one transcript may be taxed as costs; the party first ordering the transcript shall have the preference, unless it shall be otherwise ordered by the court.
§ 3. Said reporter shall, before entering upon the duties of his office, take and subscribe the official oath to faithfully discharge the duties of his office to the best of his knowledge and ability.
APPROVED May 31, 1887.
TERMS FILED-FIFTH CIRCUIT.
§ 1. Amends section 6 of the act of 1879, fixing the terms of court in the fifth circuit.
An Act to amend section six (6) of an act entitled “An act con
cerning circuit courts, and to fix the time for holding the same in the several counties in the judicial circuits in the State of Illinois, exclusive of Cook county," approved May 24, 1879, in force July 1, 1879, as amended by act approved June 30, 1885, in force July 1, 1885.
SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That section six (6) of an act entitled “An act concerning circuit courts, and to fix the time for holding the same in the several counties in the judicial circuits in the State of Illinois, exclusive of Cook county," approved May 24, 1879, in force July 1, 1879, as amended by act approved June 30, 18:5, in force July 1, 1885, be and the same is amended so as to read as follows:
“Section 6. In the county of Sangamon on the first Mondays of September, November, January, March and May; in the county of Montgomery on the first Monday of November and third Monday of January and April: Provided, that the January term in Montgomery county and May term in Sangamon county shall have no jury summoned, unless the same is done on the written order of the judge. In the county of Macoupin on the third Monday in February and first Monday in June and third Monday in September. In the county of Christian on the first Monday in March, last Monday in June, first Monday in August and third Monday in