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 ILLINOIS U3Rr-.r,._., 
 
 AT
 
 y 
 
 PRACTICE 
 
 IN THE 
 
 MUNICIPAL COURT 
 
 OF CHICAGO 
 
 BY 
 
 HIRAM T. GILBERT 
 
 Author of the Municipal Court Act 
 
 AND MEMBKE of the CHICAGO BAR 
 
 CHICAGO 
 
 CALLAGHAN AND COMPANY 
 
 1906
 
 COPYBIGHT, 1906 
 BY 
 
 CALLAGHAN & COMPANY
 
 
 PREFACE 
 
 This book is designed merely as a guide to those who are 
 
 already familiar with the practice in the circuit, superior and 
 
 criminal courts. It has seemed to the author that those who 
 
 understand the practice in those courts would be best aided 
 
 by having pointed out to them the particulars wherein the prac- 
 
 j tice in the municipal court will differ from that in the other 
 
 •^ courts referred to. Accordingly the author has adopted the 
 
 ^ plan of first enumerating the differences between the practice 
 
 Y in the municipal court and that in the other courts in each class 
 
 O" of cases, and then rewriting the provisions of the Revised 
 
 K^tatutes regulating the practice in each class of cases, so as to 
 
 ' make them read as they are amended by the Municipal Court 
 
 Act. 
 
 Thus Chapter I of Part II, after describing the cases in- 
 
 - eluded within those of the first class, enumerates twenty-eight 
 
 ^particulars in which the practice in the municipal court in 
 
 peases of that class differs from the practice in the circuit court 
 
 -v'in similar cases. Chapter II of Part II does the same with 
 
 respect to civil cases of the second class, and Chapter III of 
 
 Part II does the same with respect to civil cases of the fourth 
 
 and fifth classes. Thereupon Chapter IV of Part II sets forth 
 
 the entire Practice Act, (Kurd's R S. of 1905, Chapter 110, 
 
 pp. 1530-1544), as amended by the Municipal Court Act, with 
 
 ^Preferences below each section to the sections of the latter which 
 ^ iii
 
 IV PREFACE. 
 
 make the changes or amendments. The same method is fol- 
 lowed in Attachment Cases (Part II, Chapter V), Attachment 
 of Water Craft Cases (Part II, Chapter VI), Replevin Cases 
 (Part II, Chapter VII), Cases of Distress for Rent (Part II, 
 Chapter VIII), Forcible Detainer Cases (Part II, Chapter 
 IX), and Garnishment Proceedings (Part II, Chapter X). 
 Bj consulting both the enumeration of differences and the re- 
 written practice provisions of the Revised Statutes, no lavryer 
 should experience any difficulty in ascertaining what the prac- 
 tice will be in. the municipal court, so far as it is regulated by 
 statutory provisions. 
 
 In addition tx> the foregoing and as a further aid to the prac- 
 titioner. Bills of Particulars, Examination of Adverse Parties 
 and Oral Evidence on Motions, Changes of Venue, Trial by 
 Jury, and Instructing the Jury, are made the subjects of Chap- 
 ters XI, XII, XIII, XIV and XV of Part II, and Appellate 
 Procedure is especially treated in Part III. 
 
 The Introduction, (Part I), contains the Municipal Court 
 Act, its history, and a discussion of various constitutional ques- 
 tions pertaining to its jurisdictional and practice provisions. 
 The argument is designed to aid in the presentation of those 
 questions to the supreme court as they may be raised from 
 time to time. Not only was the passage of the Municipal Court 
 Act strongly opposed by many members of the bar, but its con- 
 stitutionality as a whole was disputed by them, and no doubt 
 single provisions will be the subject of future attacks. To 
 leave these questions to be determined by the aid of only such 
 arguments as might be presented to the supreme court in cases 
 arising from time to time has not been deemed expedient. 
 
 By far the most important portion of the jurisdiction of the
 
 PREFACE. V 
 
 court is that which pertains to criminal and quasi criminal 
 (cases. In Chapter II, Part IV, references are given to all statu- 
 tory provisions in force pertaining to criminal offences punish- 
 able by fine or imprisonment otherwise than in the peniten- 
 tiary, and in Chapter II, Part V, the same is done with respect 
 to all offences punishable under the municipal ordinances of 
 the city of Chicago. Accompanying these references is a 
 considerable number of forms of informations and complaints. 
 It was the author's intention to prepare a suitable form 
 of complaint or information for every kind of criminal mis- 
 demeanor and a suitable form of complaint for every offence 
 under the codes of the municipal corporations situated wholly 
 or in part within the limits of the city of - Chicago, but this 
 was found to be impossible for lack of time. This work will 
 be left to be performed by or under the direction of whoever 
 may be elected to the office of chief justice. 
 
 In Part VI the author has taken the liberty of expressing 
 his individual views respecting matters pertaining to the busi- 
 ness management of the court. Business management is an 
 entirely new feature in the administration of justice in Chicago 
 and unquestionably it is a most important feature. It deserves 
 careful consideration. 
 
 In the Appendix, and as a part of the history of the Munici- 
 pal Court Act, the author has inserted, first, the original bill 
 introduced, second, the original bill as amended and passed 
 by the House of Representatives, third, the bill prepared by 
 a committee of seventy-two Chicago lawyers and judges for the 
 purpose of defeating the passage of the original bill and, fourth, 
 the bill as amended and passed by the Senate. Finally, the 
 author has prepared and inserted in the Appendix a revised
 
 yi PREFACE. 
 
 and amended Municipal Court Act, embodying some of the 
 changes in the act which, in the opinion of the author, should 
 be effected to make the municipal court what it should be. Just 
 as the first working model of any newly invented machine is 
 likely to have defects and be capable of repeated improvements, 
 so the Municipal Court Act will, when put into practical opera- 
 tion, be found to be, in some particulars defective, and in need 
 of improvement. To suggest needed amendments, from time to 
 time, will be the duty of those who may be selected to conduct 
 the business of the court. If they shall properly perform that 
 duty, the municipar court will become an instrument of great 
 good to the people of Chicago. 
 
 Doubtless many errors will be found in the author's work, 
 and many omissions of important matters may occur to mem- 
 bers of the bar, but nevertheless the author sincerely hopes his 
 work may be of some use to the judges and officers of the court 
 
 and to the profession. 
 
 Hiram T. Gilbert. 
 Chicago, October 20, 1906.
 
 TABLE OF CONTENTS. 
 
 PART I. INTRODUCTION. 
 
 CHAPTER I. 
 
 The Municipal Couet Act 1-40 
 
 CHAPTER II. 
 
 HiSTOKY OF THE FkAMING AND PaSSAGE OF THE 
 
 Municipal Coukt Act 41-44 
 
 CHAPTER III. 
 Constitutional Questions in General 45-49 
 
 CHAPTER lY. 
 
 Constitutionality of Jueisdictional Provisions. . 50-62 
 
 CHAPTER V. 
 Constitutionality of Practice Provisions 63-85 
 
 PART II. THE PRACTICE IN CIVIL CASES. 
 
 CHAPTER I. 
 Cases of the First Class 86-93 
 
 CHAPTER 11. 
 Civil Cases of the Second Class 94-98 
 
 CHAPTER III. 
 
 Civil Cases of the Fourth and Fifth Classes in 
 
 General 99-108 
 
 vii
 
 VIU TABLE OF CONTENTS. 
 
 CHAPTEH IV. 
 
 The General Pr^vctice Act as Modified by the 
 
 Municipal Court Act 109-145 
 
 CHAPTER V. 
 Attachment Cases 146-lGO 
 
 CHAPTER VI. 
 Attachment of Water Craft Cases 161-169 
 
 CHAPTER VII. 
 Replevin Cases 170-176 
 
 CHAPTER VIII. 
 Distress for Rent 177-181 
 
 CHAPTER IX. 
 Forcible Detainer Cases 182-187 
 
 CHAPTER X. 
 Garnishment Proceedings 188-197 
 
 CHAPTER XL 
 Bills of Particulars 198-215 
 
 CHAPTER XII. 
 
 Examination of Adverse Parties and Oral Evi- 
 dence ON Motions 216-218 
 
 CHAPTER XIII. 
 Changes of Venue 219-220 
 
 CHAPTER XIV. 
 Trlil by Jury 221-223
 
 TABLE OF CONTENTS. IX 
 
 CHAPTER XV. 
 Instructing the Jury 224-235 
 
 PART III. APPELLATE PROCEDURE. 
 
 CHAPTER I. 
 
 Appellate Procedure in Cases of the First, Sec- 
 ond AND Third Classes 236-240 
 
 CHAPTER XL 
 
 Appellate Procedure in Cases of the Fourth and 
 
 Fifth Classes 241 
 
 PART IV. THE PRACTICE IN CRIMINAL 
 
 CASES. 
 
 CHAPTER I. 
 The Practice in Criminal Cases in General 244-249 
 
 CHAPTER 11. 
 
 Statutory Misdemeanors and Forms of Informa- 
 tions AND Complaints 250-418 
 
 CHAPTER III. 
 Proceedings to Prevent Commission of Crimes. . .419-421 
 
 CHAPTER IV. 
 
 Arrest, Examination, Commitment and Bail of 
 
 Persons Charged with Criminal Offences. . .422-427 
 
 CHAPTER V. 
 
 Proceedings Pertaining to Search Warrants. . . .428-430
 
 X TABLE OF CONTENTS. 
 
 PART V. THE PRACTICE IN QUASI 
 CRIMINAL CASES. 
 
 CHAPTER I. 
 
 The Practice in Quasi Criminal Cases in Gen- 
 eral 431-435 
 
 CHAPTER IT. 
 
 Penal Provisions of City of Chicago Municipal 
 
 Ordinances with Forms of Complaint 436-520 
 
 CHAPTER III. 
 
 Penal Provisions of Municipal Corporations 
 Other Than the City of Chicago Situated in 
 Whole or in Part Within the Limits of the 
 City 521 
 
 PART VI. ADMINISTRATION. 
 
 CHAPTER I. 
 Administration in Other Courts 522-526 
 
 CHAPTER II. 
 The Chief Justice 527-532 
 
 CHAPTER III. 
 The Associate Judges 533-538 
 
 CHAPTER IV. 
 The Clerk 539-543 
 
 CHAPTER V. 
 The Bailiff 544-545 
 
 CHAPTER VI. 
 A Bureau of Justice 546-549
 
 TABLE OF CONTENTS. Xi 
 
 APPENDIX. 
 
 Senate Bill JSTo. 45 and House Bill jSTo. 98 550-586 
 
 House Bill No. 422 587-625 
 
 House Bill No. 281 626-644 
 
 House Bill No. 422 as Amended and Passed by the 
 
 Senate 645-652 
 
 Suggestions as to Amendments to the Municipal 
 
 Court Act 653-713
 
 PRACTICE IN THE MUNICIPAL COURT. 
 
 PART I. INTRODUCTION. 
 
 CHAPTER I. 
 THE MUNICIPAL COURT ACT. 
 
 an act in relation to a municipal court in the city op 
 Chicago. Approved May 18, 1905. Consented to by the 
 
 LEGAL voters OP THE CITY OF ClHCAGO NOVEMBER 7, 1905. 
 
 Section. 1. Be it enacted by the People of the State of Illi- 
 nois represented in the General Assembly: That there shall 
 b^Qstablishedin.and for the pit\\o£ Chicago a mmiieipal court 
 w S ibh >smuT be styled The INliinjpipal Coim of Chicago, ' ' here- 
 inafter designated and referred to as the municipal court, and 
 the jurisdiction of which shall be exercised in the manner here- 
 inafter prescribed by branch courts, each of which shall exercise 
 all the powers in this act declared to be vested in the municipal 
 court. 
 
 Section 2. That said municipal court shall have jurisdic- 
 tion within the city of Chicago, in the following cases: 
 
 First. All actions on contracts, express or implied, when 
 the amount claimed by the plaintiff exceeds one thousand dol- 
 lars ($1,000), and all actions for the recovery of personal 
 property or for the recovery of damages for the conversion of 
 and (or) injury to personal property, when the value of the 
 •property or the amount of damages sought to be recovered, as 
 claimed by the plaintiff, exceeds one thousand dollars ($1,000), 
 and which,. for convenience, will be hereinafter referred to and 
 designated as cases of the first class. 
 
 Second. All suits of every kind and nature, whether civil 
 or criminal, or whether at law or in equity, which may be 
 transferred to it by change of venue, or otherwise, by the circuit 
 
 1
 
 1 PRACTICE IN THE MUNICIPAL COURT. 
 
 court of Cook county, or by the superior court of Cook county, 
 or by the criminal court of Cook county, for trial and disposi- 
 tion, and which, for convenience, v;ill be hereinafter designated 
 and referred to as cases of the second class. 
 
 Third. All criminal cases in which the punishment is by 
 fine or imprisonment otherwise than in the penitentiary, and 
 M'hich, for convenience, will be hereinafter designated and re- 
 ferred to as eases of the third class. 
 
 FouHli. All those classes of suits and proceedings, whether 
 civil or quasi criminal, of M'hich justices of the peace are now 
 given jurisdiction by law, in all of which classes of suits and 
 proceedings said municipal court shall have jurisdiction w'hen 
 the amount sought to be recovered, whether by way of damages, 
 penalty, or otherwise, if the suit or proceeding be for the recov- 
 ery of money only, or the value of the personal property 
 claimed, if the suit or proceeding be brought for the recovery 
 of personal property, does not exceed one thousand dollars 
 ($1,000) ; provided, hoivever, that in any action upon a bond, 
 the amount sought to be recovered thereon and not the penalty 
 of the bond shall determine the jurisdiction, and that when 
 payments are to be made by installments, an action may be 
 brought in the municipal court for any installment not exceed- 
 ing one thousand dollars ($1,000) as it becomes due, and which, 
 for convenience, will be hereinafter designated and referred to 
 as cases of the fourth class. 
 
 Fifth. All other suits at law, for the recovery of money 
 only, when the amount claimed does not exceed one thoiisand 
 dollars ($1,000), and wliich, for convenience, will be hereinafter 
 designated and referred to as cases of the fifth class. 
 
 Section 3. That in all cavses of the first class and in all cases 
 of the second class the issues shall be made up in said court 
 by the same forms of pleadings, as near as may be, in use in 
 similar cases in the circuit courts; that all eases of the third 
 class shall be prosecuted by complaint or by information in 
 accordance with such rules as may be hereinafter prescribed 
 or provided for, or in cases not herein otherwise provided for, 
 by such rules of practice as may be prescribed by law for simi- 
 lar cases in the criminal court of Cook county or before jus- 
 tices of the peace ; and that in all cases of the fourth class and
 
 THE MUNICIPAL COURT ACT. O 
 
 in all cases of the fifth class the issues shall be determined 
 without other forms of written pleadings than those hereinafter 
 expressly prescribed or provided for. 
 
 Section 4. That said court shall be held in districts, which, 
 until otherwise provided, shall be five in number and their ter- 
 ritorial limits shall be as follows: 
 
 Of the First District the territorial limits shall be the terri- 
 tory bounded on the east by Lake Michigan, on the north by 
 the city limits, on the west by the center line of Western avenue 
 from the city limits on the north to the center line of Fifty- 
 fifth street, thence on the south by the center line of Fifty- 
 fifth street to the center line of State street, thence on the 
 west by the center line of State street to the center line of 
 Sixty-third street, thence on the south by the center line of 
 Sixty-third street to the center line of Cottage Grove avenue, 
 thence on the west by the center line of Cottage Grove avenue 
 to the center line of Seventy-first street, and thence on the 
 south by the center line of Seventy-first street to Lake Michi- 
 gan, and such territory shall be known as the First District. 
 
 Of the Second District the territorial limits shall be the 
 territory bounded on the south by the city limits, on the east 
 by the city limits and Lake Michigan, on the north by the cen- 
 ter line of Seventy-first street, and on the west by the center 
 line of Cottage Grove avenue, and such territory shall be known 
 as the Second District. 
 
 Of the Third District the territorial limits shall be the terri- 
 tory bounded on the west and south by the city limits, on the 
 east by the center line of Cottage Grove avenue from the city 
 limits on the south to the center line of Sixty-third street, thence 
 on the north by the center line of Sixty-third street to the 
 center line of State street, thence on the east by the center 
 line of State street to the center line of Fifty-fifth street, thence 
 on the north by the center line of Fifty-fifth street to the city 
 limits on the west, and such territory shall be known as the 
 Third District. 
 
 Of the Fourth District the territorial limits shall be the terri- 
 tory bounded on the south by the center line of Fifty-fifth 
 street, on the east by the center line of "Western avenue, on the 
 north by the center line of Lake street and on the west by the
 
 4 PRACTICE IX THE MUNICIPAI, COURT. 
 
 city limits, and sueh territory shall be known as the Fourth 
 District. 
 
 Of the Fifth District the territorial limits shall be the terri- 
 tory bounded on the south by the center line of Lake street, on 
 the east b}-^ the center line of Western avenue, and on the 
 north and west by the city limits, and such territory shall be 
 known as the Fifth District. 
 
 The number and boundaries of the districts may be changed, 
 from time to time, by orders signed by a majority of the judges 
 of the municipal court, and spread upon the records thereof, 
 which orders shall be published for three successive weeks, once 
 in each week, in some newspaper of general circulation in the 
 city of Chicago, and which shall take effect respectively within 
 thirty days after the last publication thereof; provided, haiv- 
 eiier, no such change in the number or boundaries of districts 
 shall become effective unless the order therefor shall have been 
 approved by the city council of the city of Chicago. As many 
 branch courts shall be held in each district as may be deter- 
 mined by the chief justice of said municipal court to be neces- 
 sary for the prompt and proper disposition of the business of 
 said court; Provided, however, that at least one branch court 
 shall be held in each district. Such branch courts may be given 
 such designation by numbers oj- otherwise as may be deter- 
 mined by the chief justice. 
 
 Section 5. That said branch courts shall be held at such 
 places in said city of Chicago as may be provided for that 
 purpose by the corporate authorities thereof. If no place be 
 provided by the corporate authorities of said city for the hold- 
 ing of any branch court, or if the place so provided become 
 unfit, said branch court may, by an order signed by the major- 
 ity of the judges of said municipal court, and entered upon 
 the records of said branch court, adjourn to or convene at a 
 suitable place for holding said branch court, procured for that 
 purpose by said judges, within the district in which the same 
 is located and at such place may hold said branch court, until 
 a suitable place therefor be furnished by said corporate authori- 
 ties. 
 
 Section G. That said court shall have seals for each district 
 and may, from time to time, as may be necessary, renew the
 
 THE MUNICIPAL COUKT ACT. O 
 
 same. The expense of said seals and renewini^ the same shall 
 be paid by the city of Chicago. 
 
 Section 7. That all blanks, books, papei*s, stationery and 
 furniture necessary to the keeping of the records of the pro- 
 ceedings of such municipal court, and the transaction of the 
 business thereof, shall be furnished the officers of such court at 
 the expense of the city. All other expenditures on account 
 of such court which may be authorized by the city council, and 
 which are not specifically mentioned in this act, shall be paid 
 out of the city treasury. 
 
 Section 8. That said municipal court shall consist of twenty- 
 eight (28) judges, one of whom shall be chief justice and the 
 remaining twenty-seven (27) of whom shall be associate judges. 
 Each branch court shall be presided over by a single judge 
 of the municipal court. The chief justice, in addition to the 
 exercise of all the other powers of a judge of said court, shall 
 have the general superintendence of the business of said court; 
 he shall preside at all meetings of the judges, and he shall as- 
 sign the associate judges to duty in the branch courts, from 
 j time to time, as he may deem necessary for the prompt disposi- 
 tion of the business thereof, and it shall be the duty of each 
 associate judge to attend and serve at any branch court to which 
 he may be so assigned, but the chief justice shall only assign 
 such number of judges to the trial and disposition of cases of 
 the first class and cases of the second class mentioned in section 
 two (2) of this act, from time to time, as may not be needed 
 for the prompt disposition of the other business of the court. 
 The chief justice shall also superintend the preparation of the 
 calendars of cases for trial in said court and shall make such 
 classification and distribution of the same upon different cal- 
 endars as he shall deem proper and expedient. Each associate 
 judge shall at the commencement of each month make to the 
 chief justice, under his official oath, a report in writing of the 
 duties performed by him during the preceding month, which 
 report shall specify the number of days' attendance in court of 
 such judge during such month, and the branch courts upon 
 which he has attended, and the number of hours per day of such 
 attendance, for which the chief justice shall cause suitable blanks
 
 6 PRACTICE IN THE MUNICIPAL COURT. 
 
 to ])o. prepared and furnished to the associate judges. Each judge 
 shall be entitled to vacations, which shall not exceed thirty- 
 six days in all in any one year and which shall be taken at such 
 times as may be determined by the chief justice. The chief 
 justice must give his attention faithfully to the discharge of 
 the duties especially pertaining to his office and to the per- 
 formance of such additional judicial work as he may be able 
 to perform. Each associate judge must perform his share of 
 the labors and duties appertaining to the office. At least one 
 associate judge must be in attendance in one branch court in 
 each district, six hours of each day, except Sunday, a public 
 holiday, or a day upon which the inhabitants of the city of 
 Chicago generally refrain from business, and each associate 
 judge, while in the court room or in chambers, and not actually 
 engaged in the performance of other official duties, must act 
 upon any application for his official action, properly made to 
 him. One branch court in the first district shall be kept open, 
 and at least one judge assigned for that purpose by the chief 
 justice, shall be in attendance thereat, each day, excepting Sun- 
 day or a public holiday, from nine o'clock a, m. to ten o'clock 
 p. M., excepting two hours' intermission, for the transaction of 
 such business as may come before it. It shall be the duty of the 
 chief justice and the associate judges to meet together at least 
 once in each month, excepting the month of August, in each 
 year, at such hour and place as may be designated by the chief 
 justice, and at such other times as may be required by the chief 
 justice, for the consideration of such matters pertaining to the 
 administration of justice in said court as may be brought before 
 them. At such meetings they shall receive and investigate, or 
 cause to be investigated, all complaints presented to them per- 
 taining to the said court, and to the officers thereof, and shall 
 take such steps as they may deem necessary or proper with 
 respect thereto, and they shall have poAver and it shall be their 
 duty to adopt or cause to be adopted all such rules and regula- 
 tions for the proper administration of justice in said court as to 
 them may seem expedient. The salary of the chief justice shall 
 be seven thousand five hundred dollars ($7,500) per annum, 
 and the salary of an associate judge shall be six thousand dollars 
 ($6,000) per annum, payable in monthly installments out of the 
 city treasury.
 
 THE MUNICIP.VL COURT ACT. < 
 
 Section 9. That the chief justice and the associate judges 
 of the municipal court provided for in the preceding- section 
 shall be elected on the first Tuesday after the first Monday of 
 November, A. D. 1906 ; that the chief justice shall hold his ofiQce 
 for the terra cf six (6) years and until his successor shall be 
 elected and qualified; that of the said associate judges so to be 
 elected nine (9) shall be elected for the term of two (2) years; 
 nine (9) for the term of four (4) years, and nine (9) for the 
 term of six (6) years and until their respective successors shall 
 be elected and qualified, and on the first Tuesday after the first 
 Monday of November, A. D. 1908, and on the first Tuesday 
 after the first Monday of November, every sixth year thereafter, 
 and on the first Tuesday after the first Monday of November, 
 A. D. 1910, and on the first Tuesday after the first Monday 
 of November every sixth year thereafter there shall be elected 
 nine (9) associate judges of said municipal court and on the 
 first Tuesday after the first Monday of November, A. D. 1912, 
 and every sixth year thereafter there shall be elected a chief 
 justice and nine (9) associate judges of said municipal court as 
 successors in ofiBce of the chief justice and associate judges of 
 the municipal court by this act required to be elected, each of 
 whom shall hold his office for the term of six (6) years and 
 until his successor shall be elected and qualified. The judges 
 so required to be elected shall enter upon the discharge of their 
 duties on the first Monday of December following their election. 
 Vacancies in the office of chief justice or associate judge of the 
 municipal court shall be filled by election at the regular muni- 
 cipal, judicial or other general election which shall occur next 
 after a period of thirty (30) days from the time such vacancies 
 respectively occur, but where the unexpired term does not exceed 
 one year, the vacancy shall be filled by appointment by the Gov- 
 ernor. Whenever a vacancy occurs in the office of chief justice, 
 or whenever the chief justice shall be absent from the city of 
 Chicago, or incapacitated from acting, the associate judges shall 
 select one of their number to act as chief justice until such va- 
 cancy shall be filled by election or appointment, as above pro- 
 vided for, or until the return of the chief justice, or until his 
 incapacity ceases. 
 
 Section 10. That no person shall be eligible to the office of 
 chief justice or of associate judge of the municipal court unless
 
 8 PRACTICE IN THE MUNICIPAL COURT. 
 
 he shall bo at least thirty years of age and a citizen of the 
 United States, nor unless he shall have resided in the county of 
 Cook and been there engaged, either in active practice as an 
 attoniej' and counsellor at law or in the discharge of the duties 
 of a judicial office, five years next preceding his election, or in 
 one of said occupations during a portion of said time and in 
 the other the remaining portion thereof, and shall, at the time 
 of his election, be a resident of the city of Chicago. 
 
 Section 11. That every chief justice and associate judge of 
 such municipal court, before he enters upon the duties of his 
 office, shall take and subscribe the following oath or affirmation : 
 
 I do solemnly swear (or affirm, as the case may be) that I will 
 support the Constitution of the United States and the Constitu- 
 tion of the State of Illinois, and that I will faithfully discharge 
 the duties of the office of chief justice (or associate judge) of 
 the municipal court of Chicago according to the best of my 
 ability. 
 
 Said oath shall be filed in the office of the Secretary of State. 
 
 Section 12, That whenever two-thirds in number of the 
 judges of the municipal court shall transmit to the city council 
 of the city of Chicago a certificate signed by them that in the 
 opinion of said judges the business of said municipal court is 
 such as to require an increase in the number of the associate 
 judges of said municipal court, said city council may, by ordi- 
 nance or ordinances, provide for an increase of not more than 
 nine in the number of said judges, who shall be elected, one-third 
 for two years, one-third for four years and one-third for six 
 years, at the next ensuing general election. The judges elected 
 in accordance with such ordinance or ordinances shall hold their 
 offices for the said respective periods for which they shall have 
 been elected and until their successors shall be elected and quali- 
 fied, and every two years thereafter their respective successors 
 shall be elected for the full term of six years. But after the 
 number of Jissociate judges has been increased to thirty-six 
 (36) no subsequent increase thereof shall be made by the city 
 council. 
 
 Section 13. That the judges of said municipal court may 
 interchange with judges of other city courts, and with county
 
 THE MUNICIPAL COURT ACT. 9 
 
 judges, and said respective judges may hold court for each other 
 and perform each other's duties when they find it necessary or 
 convenient. 
 
 Section 14. That there shall be a clerk of said municipal 
 court, whose term of office shall be six years and until his suc- 
 cessor shall be elected and qualified and who shall be elected on 
 the first Tuesday after the first Monday of November, A. D. 
 1906, and everj^ six years thereafter. He shall perform, with 
 respect to said municipal court, the duties usually performed by 
 clerks of courts of record. He shall give his personal attention 
 to the performance of the duties of his office. He shall main- 
 tain an office in each district and each office shall be kept open 
 for the transaction of business from eight o'clock a. m. to six 
 o'clock p. M. of each working day during the year. Until other- 
 wise provided by the rules which may be adopted under the 
 provisions of this act, the powers, duties* and liabilities, the oath 
 of office and the bond and conditions thereof of such clerk shall 
 be the same, as near as may be, as those prescribed by law for 
 clerks of courts by the act entitled "An act to revise the law 
 in relation to clerks of courts," approved March 25, 1874, and 
 in force July 1, 1874. His salary shall be five thousand dollars 
 ($5,000) per annum, and shall be paid in monthly installments 
 out of the city treasur3^ He shall be commissioned by the Gov- 
 ernor. 
 
 Section 15. That said clerk shall appoint such number of 
 deputies as may be determined, from time to time, by a majority 
 I ) of the judges of the municipal court by orders signed by them 
 and spread upon the records of said court. At least one deputy 
 j clerk shall be assigned to duty in each branch court. The 
 I salaries of deputy clerk shall be fixed, from time to time, by 
 orders signed by a majority of the judges of the municipal court 
 and spread upon the records of the court, and shall be payable 
 out of the city treasury in monthly installments, provided, haw- 
 ever, that the salary of the chief deputy clerk shall not exceed 
 two thousand five hundred dollars ($2,500) per annum, and 
 that the salary of no other deputy clerk shall exceed eighteen 
 hundred dollars ($1,800) per annum. Such number of deputy 
 clerks so appointed as the judges may deem necessary shall be
 
 ^ 
 
 10 PRACTICE IN THE MUNICIPAL COXJRT, 
 
 competent shorthand reporters, capable of correctly' taking down 
 stenographically and transcribing the proceedings of courts, 
 and shall perform such duties with respect to attending upon 
 and taking down stenographic reports of the proceedings of said 
 court as may be required by the judges, and for making and 
 furnishing transcripts of their stenographic reports aforesaid 
 said deputy clerks shall be allowed to make such reasonable 
 charge, not exceeding fifteen cents per one hundred words, to the 
 parties to whom such transcripts are furnished, as may be de- 
 termined by the judges, and the judges may allow said deputy 
 clerks to retain, as additional compensation for their services, 
 one-half of the charges so collected, the balance of such charges 
 to be accounted for by such deputy clerks in the same manner 
 as costs collected by them. Such deputy clerks shall take the 
 same oath or affirmation required of the clerk of said municipal 
 court and shall give bonds to be approved by the chief justice 
 of said court, conditioned, as near as may be, like the bond re- 
 quired of the clerk. Any deputy clerk shall be subject to re- 
 moval at any time by an order signed by a majority of the 
 judges of the municipal court and spread upon the records of 
 said court. The number of deputy clerks may be reduced at any 
 time by an order signed by a majority of the judges of said 
 municipal court and spread upon the records of said court. It 
 shall be the duty of deputy clerks to render to parties to suits 
 in cases of the fourth class and in cases of the fifth class men- 
 tioned in section two (2) of this act, such assistance and give 
 them such information as may enable them to properly com- 
 mence suits or to enter their appearances when sued, which 
 duty shall be regulated and defined by instructions to be pre- 
 pared by the chief justice. 
 
 Section 16. That there shall be a bailiff of said municipal 
 court whose term of office shall be six years and until his suc- 
 cessor shall be elected and qualified and who shall be elected on 
 the first Tuesday after the first Monday of November, A. D. 
 1906, and every six years thereafter. He shall perform, with re- 
 spect to said municipal court, the duties usually performed by 
 sheriffs in respect to attendance upon, and service and execu- 
 tion of the process, and obedience of the lawful orders and 
 directions of, a circuit court. He shall give his personal atten-
 
 THE MUNICIPAL COURT ACT. ' H 
 
 tiou to the performance of the duties of his office. He shall 
 maintain an office in each district and each office shall be kept 
 open in each district for the transaction of business from 8 
 o'clock A. M, to 6 o'clock p, m. of each working day during the 
 year. Until otherwise provided by the rules which may be 
 adopted under the provisions of this act, the powers, duties and 
 liabilities, the oath of office, and the bond and conditions thereof 
 of such bailiff shall be the same, as near as may be, as those 
 prescribed by law for sheriffs with respect to attendance upon, 
 and service and execution of the process, and obedience of the 
 lawful orders and directions of, a circuit court. His salary- 
 shall be five thousand dollars ($5,000) per annum and shall be 
 paid in monthly installments out of the city treasury. He shall 
 be commissioned by the Governor. 
 
 Section 17. That said bailiff shall appoint such number of 
 deputies as may be determined, from time to time, by a majority 
 of judges of the municipal court by orders signed by them 
 and spread upon the records of said court. At least one deputy 
 bailiff shall be assigned to duty in each branch court. The 
 salaries of deputy bailiffs shall be fixed, from time to time, by 
 orders signed by a majority of the judges of the municipal court 
 and spread upon the records of the court and shall be payable 
 out of the city treasury in monthly installments: Provided, 
 however, that the salary of the chief deputy bailiff shall not 
 exceed two thousand five hundred dollars ($2,500) per annum, 
 and that the salary of no other deputy bailiff shall exceed fifteen 
 hundred dollars ($1,500) per annum. Such deputy bailiffs 
 shall take the same oath or affirmation required of the bailiff of 
 said municipal court and shall give bonds to be approved by 
 the chief justice of said court conditioned, as near as may be, 
 like the bond required of the bailiff. The bailiff and deputy 
 bailiffs of the municipal court shall be ex officio police officers 
 of the city of Chicago. Any deputy bailiff shall be subject to 
 removal at any time by an order signed by a majority of the 
 judges of the municipal court and spread upon the records of 
 said court. The number of deputy bailiffs may be reduced at 
 any time by an order signed by a majority of the judges of said 
 municipal court and spread upon the records of said court. 
 Every police officer of the city of Chicago shall be ex officio a.
 
 12 pr!!actice in the municipal court. 
 
 deputy bailiff of the rmmicipal court, and shall perform, from 
 time to time, such duties in respect to criminal and quasi crim- 
 inal cases, including cases pertaining to alleged violations of 
 city ordinances pending in said court, as may be required of 
 him by said court or any judge thereof. 
 
 Section 18. That neither the clerk nor the bailiff nor any 
 deputy clerk or deputy bailiff of said municipal court shall re- 
 ceive, aside from the salary and the costs by this act required to 
 be paid to him in his official capacity, any money, property, or 
 other valuable thing, as a gratuity or otherwise, for the per- 
 formance of any duty imposed upon him by virtue of his office, 
 or for the performance of any work of any kind or character 
 in any manner connected therewith. It shall be the duty of 
 the judges of said municipal court to remove from office any 
 deputy clerk or deputy bailiff' who shall violate either of the 
 provisions of this section. No clerk or bailiff, or deputy clerk or 
 deputy bailiff, of the municipal court shall be appointed receiver 
 or guardian ad litem in any suit therein pending. 
 
 Section 19. That until otherwise determined in the manner 
 hereinafter provided, and except as by this act is otherwise pre- 
 scribed, the practice in the municipal court shall be the same, as 
 near as may be, as that which is now prescribed by law for 
 similar suits or proceedings in circuit courts, excepting that in 
 cases of the fourth class and cases of the fifth class mentioned in 
 section two (2) of this act the issues shall be determined with- 
 out other forms of written pleadings than those hereinafter ex- 
 pressly prescribed or provided for. Said municipal court shall 
 be the sole judge of the applicability to the proceedings of said 
 court of the rules of practice prescribed by law for similar cases 
 \. in the circuit courts and its decisions in respect thereto shall 
 ^"X not be subject to review upon appeal or writ of error ; Provided, 
 A however, that upon appeal or writ of error the supreme court. 
 Y or the appellate court, as the case may be, may grant relief from 
 \2 any such decision in any case where, in the opinion of the su- 
 As^ preme court or appellate court, such relief is necessary to pre- 
 ^ vent a failure of justice. 
 
 Section 20. That the judges of said municipal court shall 
 have power to adopt, in addition to or in lieu of the provisions
 
 
 THE MUNICIPAL COURT ACT. 13 
 
 herein contained prescribing the practice in said municipal 
 . court or of any portion or portions of said provisions, such rules 
 regulating" the practice in said court as they may deem necessary 
 or expedient for the proper administration of justice therein.' 
 The adoption of said rules shall be accomplished by an order 
 signed by a majority of said judges, which order, when made, 
 shall be forthwith spread upon the records of the municipal 
 court and shall be printed in pamphlet form at the expense of 
 /the city: Provided, however, that no such rule or rules so 
 adopted shall be inconsistent with those expressly provided for 
 by this act, nor shall they become effective and be in force until 
 after the lapse of thirty (30) days from the approval thereof 
 by the supreme court. Application to the supreme court for 
 such approval may be made by the chief justice of the municipal 
 court, after notice of such application shall have been published 
 once each week, for three consecutive weeks, in some newspaper 
 of general circulation published in the city of Chicago, specify- 
 
 jl ing the time at which such application shall be made. Upon 
 such application the supreme court shall review the said rule or 
 rules so adopted and may either confirm the order adopting the 
 
 if same or may modify or set aside the same, and the supreme 
 court may, in its discretion, substitute for the rule or rules so 
 adopted by said judges of said municipal court or for any por- 
 tion thereof, such other rules as the supreme court may deem 
 proper, and may, in its discretion, of its own motion or otherwise.. 
 make any order respecting the rules of said municipal court 
 which it may deem proper. The supreme court and appellate 
 courts in cases brought to them from the municipal court by 
 appeal or writ of error shall take judicial notice of the rules of 
 ■ practice from time to time in force in said municipal court. 
 
 / Section 21. That there shall be no stated terms of the munic- 
 
 •*^ ipal court, but said court shall be always open for the transac- 
 
 ^ tion of business. Every judgment, order or decree of said court, 
 
 5^ final in its nature, shall, for the period of thirty days after the 
 
 entry thereof, be subject to be vacated, set aside or modified, 
 
 ^ in the same manner and to the same extent as a judgment, decree 
 
 or order of a circuit court during the term at which the same 
 
 was rendered in such circuit court. After the lapse of thirty 
 
 days any such judgment, decree or order shall not be vacated, 
 
 3
 
 ^ 
 
 14 PRACTICE IX THE MUNICIPAL COURT. 
 
 set aside or modified, excepting upon appeal or writ of error, 
 or by bill in equity: Provided, however, that all errors in fact in 
 the proceedings in such case, which could have been corrected 
 at common law by the writ of error coram nobis, may be cor- 
 rected by motion or the judgment may be set aside, in the man- 
 ner provided by law for similar cases in the circuit courts. 
 
 Section 22. That the final orders, judgments and decrees 
 of the municipal court in cases of the first cla.ss, cases of the 
 second class and cases of the third class mentioned in section 
 two (2) of this act, may be reviewed, upon error or appeal, by 
 the supreme court in all criminal cases above the grade of mis- 
 demeanors, cases in which a franciiise or freehold, or the validity 
 of a statute or construction of the constitution is involved, and 
 in all cases relating to the revenue or in which the state is inter- 
 ested as a party or otherwise, and by the appellate court in all 
 other cases. The practice in cases of appeals from (or) writs 
 of error to said municipal court in said cases shall, except as in 
 this act, or by rules of said court adopted in pursuance hereof, 
 may be otherAvise provided, be the same, as near as may be, as 
 the practice in cases of appeal from or writs of error to cir- 
 cuit courts in similar cases. But no appeal shall be allowed in 
 any case unless the same be prayed for within twenty days after 
 the entiy of the order, judgment or decree appealed from, and 
 no assignment of error in the supreme court or in the appellate 
 court in any such case shall be allowed which shall call in ques- 
 tion the decision of the municipal court in respect to any matter 
 pertaining to the practice in said court. Provided, however, that 
 the supreme court or the appellate court, as the case may be, 
 may grant relief from any error of the municipal court in re- 
 spect to a matter of practice therein in any case where, in the 
 opinion of the supreme court or appellate court, such relief is 
 necessary to prevent a failure of justice. ^l^flL t04»>^**Jfx ^^"^ 
 
 Sectidn 23. J That the final orders and judgments of the 
 municipal court in cases of the fourth class and cases of the fifth 
 class mentioned in section two (2) of this act, shall be reviewed 
 by writ of error only. Such writ of error shall be sued out of 
 the supreme court in all cases in which a franchise, a freehold or 
 the validitv of a statute or the construction of the constitution
 
 THE MUNICIPAL COURT ACT. 15 
 
 is involved, and out of the appellate court in all other cases. The 
 time within which a writ of error may be sued out in any such 
 case shall be limited to thirty days after the entry of the final 
 order or judgment complained of. The manner of prosecuting 
 such writ of error shall be as follows : 
 
 Fh'st — Any party to any such case against whom there has 
 been rendered any final order or judgment of the municipal 
 court and who shall desire to obtain a review of such final 
 order or judgment by appeal or writ of error, may obtain from 
 the municipal court a stay of execution upon such order or 
 judgment for ninety days after the entry thereof by the giving 
 of a bond with a sufficient surety or sureties, to be approved 
 by a judge of the municipal court, conditioned for the per- 
 formance by such party of, or his compliance with, such order 
 or judgment, or his payment of the money thereby required 
 to be paid and all costs which may be awarded the opposite 
 party in the supreme court or the appellate court, as the case 
 may be, in case a writ of error to review such order or judg- 
 ment shall not be sued out within thirty days from the date 
 thereof, or in case, upon the suing out and prosecution of such 
 writ of error, the order or judgment shall be affirmed by the 
 supreme court or the appellate court, as the case may be. 
 
 Second — No other or further stay of pTOceedings or execu- 
 tion in any such case shall be allowed by the municipal court, 
 but the supreme court or the appellate court, or any judge 
 thereof, may allow a supersedeas as in other eases, but upon the 
 allowance of any supersedeas, when any bond has been given 
 as al>ove provided, no additional bond shall be required, and 
 such su]X!rsedeas shall be operative until the final determina- 
 tion of such writ of error. 
 
 Third — If, upon application to the supreme court or appel- 
 late court, or to any judge thereof, for a supersedeas the same 
 shall be denied, such order or judgnient shall stand affirmed, 
 and no further proceedings shall be had in said supreme court 
 or appellate court with respect thereto, unless the supreme court 
 or appellate court, or the judge denying such supersedeas shall 
 otherwise order. 
 
 Fourth — The party in whose favor any final order or judg- 
 ment has been ente)-ed shall be entitled to sue out a Vv^rit of
 
 16 PRACTICE IN THE MUNICIPAL COURT. 
 
 error from the supreme court or the appellate court, as the 
 case may be, by depositing with the clerk of the court from 
 which said writ of error is sued out the sum of twenty dollars 
 ($20) <us security to the opposite party for such costs as may 
 be awarded such opposite party by the supreme court or the 
 appellate court, as the case may be, upon the final determina- 
 tion of such writ of error. 
 
 Fifth — The party suinj^ out any writ of error shall not be 
 required to serve upon the opposite party any scire facias to 
 hear errors, but in lieu thereof shall, within five days after the 
 issuance of the writ of error, file the same with the clerk of the 
 said municipal court, and make to the supreme court or the ap- 
 pellate court, as the case may be, proof of such filing, and such 
 writ of error so filed shall be notice to the opposite party of 
 the suing out and prosecution of such writ of error. 
 
 Sixth — Upon application made at any time within sixty days 
 after the entry of any final order or judgment, it shall be the 
 duty of the judge by whom such final order or judgment was 
 entered to sign and place on file in the case in which the same 
 was entered, if so requested by either of the parties to the suit, 
 either a correct statement, to be prepared by the party request- 
 ing the signing of the same, of the facts appeai'ing upon the 
 trial thereof, and of all questions of law involved in such case, 
 and the decisions of the court upon said questions of law, or 
 a correct stenographic report, the expense of procuring which 
 shall be paid by the party requesting the signing of the same, 
 of the proceedings at the trial, as such party may elect^^ the 
 original of which statement or stenographic report, together 
 with a certified transcript of the judgment, shall be certified 
 to the supreme court or appellate court, as the case may be, 
 as the record to be considered upon the review of such order 
 or judgment by writ of error. 
 
 Seventh — No order or judgment so sought to be reviewed 
 shall be reversed unless the supreme court or appellate court, 
 as the case may be, shall be satisfied from said statement or 
 stenographic report signed by said judge that such order or 
 judgment is contrary to the law and the evidence, or that such 
 order or judgment resulted from substantial errors of said 
 municipal court directly affecting the matters at issue between
 
 THE MUNICIPAL COURT ACT. 17 
 
 the parties, in which last mentioned ease the supreme court or 
 appellate court, as the ease may be, may enter such order or 
 judgment as, in its opinion, the municipal court ought to have 
 entered, or it may reverse the said order or judgment and re- 
 mand the case to the municipal court for further proceedings. 
 Eighth — No assignment of error in the supreme court or in 
 the appellate court in any such case shall be allowed which 
 shall call in question the decision of such municipal court in 
 respect to any matter pertaining to the practice in such court, 
 nor shall any exceptions to the rulings and decisions of the 
 municipal court upon the trial be necessary to the right of 
 either party to a review of such rulings and decisions in the 
 supreme court or appellate court upon their merits, but it shall 
 be the duty of the supreme court or the appellate court, as the 
 ease may be, to decide such ease upon its merits as they may 
 appear from such statement or stenographic report signed by 
 the judge: .Provided, however, that the supreme court or ap- 
 pellate court, as the case may be, may grant relief from any 
 error of the municipal court in respect to a matter of practice 
 therein in any case where, in the opinion of the supreme court 
 or the appellate court, such relief is necessary to prevent a 
 failure of justice. 
 
 Section 24. That in any case transferred to said municipal 
 I court by the circuit or superior court of Cook county for trial 
 and disposition, said municipal court shall exercise the same 
 powers as the court from which said case has been transferred 
 might have exercised had said case not been so transferred. 
 The circuit court of Cook county, or the superior court of Cook 
 county, may, upon the application of either party for a change 
 of venue, and shall upon the request of both parties to any suit 
 at law or in equity pending therein, transfer said suit to the 
 municipal court for trial and disposition. The criminal court 
 of Cook county may, in its discretion, upon the request of the 
 state's attorney or of any defendant, transfer to the municipal 
 court for trial and disposition any case therein pending and 
 shall have power to malce all orders which it maj^ deem neces- 
 sary to accomplish such transfer and secure the attendance of 
 the parties and witnesses upon said municipal court until the 
 final disposition of the case, and said municipal court, when
 
 18 PRACTICE IN THE MUNICIPAJ^ COURT. 
 
 any criminal case shall have been so transferred to it, shall 
 exercise all the powers with respect to the trial and disposition 
 of said case which the said criminal court of Cook county might 
 have exercised had said case not been so transferred. All judg- 
 ments of con\nction in criminal cases in said municipal court 
 where the punishment inflicted is death or imprisonment, shall 
 be earned into execution in the same manner as is provided 
 by law for similar cases in said criminal court of Cook county. 
 The prosecution of all criminal cases in the municipal court 
 shall be conducted by or under the supervision of the state's 
 attorney of Cook county, but in any case in which the state's 
 attorney is disqualified from acting, or is unable to act, the 
 court may appoint some attorney at law of Cook county to act 
 as prosecuting attorney in such case. In all cases transferred 
 as aforesaid to said municipal court, the practice in respect 
 to the trial and disposition thereof shall be the same as that 
 prevailing in the respective courts from which the same have 
 been transferred, unless the parties shall consent that the trial 
 and disposition thereof shall be governed by the rules of prac- 
 tice prevailing in said municipal court in cases commenced 
 therein. 
 
 Section 25. That the petit jurors for the trial of cases in 
 said municipal courts shall be provided by the jury commis- 
 sioners of the county of Cook in the same manner and from 
 the same lists, as near as may be, as petit jurors are provided 
 for the circuit, superior and criminal courts of Cook county. 
 The names of the necessary number of petit jurors required 
 from time to time in said municipal court shall be furnished 
 by said jury commissioners upon demand to the clerk of the 
 municipal court and the venires for such jurors shall be directed 
 to and served by the sheriff of Cook county at the expense of 
 said county, and the fees of the said jurors shall be paid out 
 of the city treasury. The num.ber of petit jurors to be sum- 
 moned from time to time shall be determined by the chief 
 justice. 
 
 Section 26. That it shall be the duty of the chief justice of 
 the municipal court to cause to be interrogated all petit jurors 
 summoned for service in the municipal court, and to cause to
 
 THE MUNICIP.Uj COURT ACT. 19 
 
 be enquired into the qualifications of said jurors, and to reject 
 from service as jurors all persons who do not appear to possess 
 the qualifications required by law, and to cause the summoning 
 of persons competent to serve as jurors. 
 
 Section 27. That all criminal cases in the municipal court 
 in which the punishment is by fine or imprisonment otherwise 
 than in the penitentiary, may be prosecuted by information of 
 the attorney general or state's attorney, or some other person, 
 and when an information is presented by any person other 
 than the attorney general or state's attorney, it shall be verified 
 by affidavit of such person that the same is true, or that the 
 Same is true as he is informed and believes. Before an infor- 
 mation is filed by any person other than the attorney general 
 or state's attorney, one of the judges of the municipal court 
 shall examine the information and may examine the person pre- 
 senting the same and require other evidence and satisfy him- 
 self that there is probable cause for filing the same and so 
 endorse the same. Every information shall set forth the offense 
 j^ with reasonable certainty, substantially as required in an in- 
 dictment, and the proceedings thereon shall be the same, as 
 near as may be, as upon indictment in the criminal court of 
 Cook county, excepting as is by this act otherwise provided. 
 But criminal cases in which the punishment is by fine only not 
 exceeding five hundred dollars ($500) may, in the discretion 
 of the court, be prosecuted by complaint as is provided by law 
 for the prosecution of criminal cases before justices of the 
 peace. Any person committed for a criminal or supposed 
 criminal offense and not admitted to bail and not tried within 
 four months after the date of arrest shall be set at liberty by 
 the court, unless the delay shall happen on the application of 
 the prisoner or unless the court is satisfied that due exertion 
 has been made to procure the evidence on the part of the people 
 and that there is reasonable grounds to believe that such evi- 
 dence may be procured within the next sixty days, in which 
 case the court may continue the case for such time as the 
 court may deem necessary, not exceeding said sixty days : Pro- 
 vided, however, that if said person be not tried within said 
 sixty days no further continuance shall be granted and said 
 person shall be set at liberty by the court.
 
 ^^ 
 
 20 PRACTICE IN THE MUNICIPAL COURT. 
 
 Section 28. That, until otherwise provided by the rules of 
 the municipal court, and except as is herein otherwise pre- 
 scribed, cases of the first class mentioned in section two (2) 
 of this act shall be commenced and prosecuted in said munic- 
 ipal court in the same manner in which similar suits and pro- 
 ceedings are required to be commenced and prosecuted in the 
 circuit courts, and excepting also in the following particulars: 
 
 First — The summons, when the first process is a summons, 
 or the writ, when the first process is a writ, shall be directed 
 to the bailiff to execute and shall be returnable upon some 
 Monday at least ten days, and not more than thirty days, after 
 the date thereof. 
 
 Second — Service of such summons or writ shall be made by 
 delivering a copy thereof to the defendant, if an individual, 
 and informing him of the contents thereof, but if any defend- 
 ant be a corporation, the service shall be made in the manner 
 provided by law for similar cases in the circuit courts. 
 
 Third — Notice to the defendant by publication may be given 
 under like circumstances and in the same manner as is provided 
 by law for similar cases in the circuit courts, but the notice 
 publi.slied, in lieu of stating the time of the return of the sum- 
 mons or writ, shall state the date on or before which the de- 
 fendant is required to appear, which date shall be some Mon- 
 day not less than forty nor more than sixty days after the date 
 of the firet publication of notice, as the plaintiff may require. 
 
 Fourth — No such suit shall be commenced in the municipal 
 court unless the defendant, if there be but one defendant, re- 
 sides or is found within the city of Chicago, or if the defendant 
 be a corporation, unless its principal office is wdthin said city; 
 but if the defendant be a corporation not having a principal 
 office in the city of Chicago, such suit may be brought in the 
 municipal court wherever service of process may be had within 
 the city upon any officer, agent or employe of such corporation 
 upon whom ser\'ice of process mig-lit be had if issued in a suit 
 commenced in the circuit court. 
 
 Fifth — The provisions of paragraph fourth above shall not 
 apply to attachment suits brought against non-residents of 
 this state, which suits may be brought in the municipal court 
 when any property of the defendant is levied upon, or any 
 garnishee resides or is found within the citv of Chicago.
 
 i 
 
 THE MUNICIPAL COURT ACT. 21 
 
 Sixth — When there are several defendants, one of whom re- 
 sides or is found in the city of Chicago, a summons or writ 
 may be issued to the sheriff of Cook county for any defendant 
 residing in said county, but outside of the city of Chicago, or 
 to the sheriff of any other county for any defendant residing 
 in such county, and service of any summons or writ so issued 
 shall be made in the same manner as herein required in the 
 case of a summons or writ directed to the bailiff: Provided, 
 however, that no judgment shall, in any such case, be rendered 
 against any defendant served with process outside of the city 
 of Chicago unless judgment be also rendered against a defend- 
 ant served within said city of Chicago. 
 
 Seventh — The plaintiff shall file his declaration within five 
 days after the commencement of the suit, in default whereof 
 the suit shall be dismissed unless the court by an order entered 
 in said suit shall extend the time for filing such declaration. 
 
 Eighth — The defendant shall, in case he shall have been 
 served with process of summons, or with the writ, five days or 
 more prior to the return day thereof, demur or plead to the 
 declaration or the complaint on or before the Monday succeed- 
 ing such return day; but in case the summons or writ shall 
 have been served less than five days prior to the return day 
 the defendant shall not be required to plead to the declaration 
 or complaint until on or before the second Monday after such 
 return day. In case the time for filing the declaration or com- 
 plaint shall be extended by the court, the time for the defend- 
 ant to demur or plead to the same shall be extended until the 
 second Monday succeeding the expiration of such extension of 
 time. The time within which the defendant is required to 
 demur or plead may be extended by the court in its discretion. 
 
 But all cases provided for in this section shall be commenced, 
 prosecuted and disposed of in some branch court held in the 
 first district. 
 
 Section 29. That cases of the fourth class and cases of the 
 'j fifth class mentioned in section two (2) of this act shall be 
 brought and prosecuted in the district in which the defendant, 
 if there be but one defendant, or one of the defendants, if 
 there be more than one defendant, resides or is found, or, if 
 the defendant be a corporation having its principal office in
 
 22 PRACTICE IN THE MUNICIPAL COURT. 
 
 the city of Chicago, in the district in which its principal office 
 is located; but if the defendant be a corporation not having 
 a principal office in the city of Chicago, suit may be brought 
 in any district within which service of process may be had upon 
 any officer, agent or employe of such corporation, upon whom 
 service of process might be had if issued in a suit commenced 
 in the circuit court. If, in any such case, there is more than 
 one defendant and one defendant resides or is found within 
 the district in which such suit is brought or is properlj' served 
 with process therein, the process of such municipal court may 
 be served upon the remaining defendant or defendants at any 
 place within said city of Chicago. But no suit shall be braught 
 against the city of Chicago or any other municipal corporation 
 in any other than the first district. If, in any case where there 
 is more than one defendant, process is duly served upon one 
 or more defendants and returned not served as to another de- 
 fendant or other defendants, the suit shall proceed as in like 
 cases in the circuit court. But the requirement that the de- 
 fendant, if there be but one defendant, or one of the defendants, 
 if there be more than one defendant, must reside or be found 
 within the district in which such suit is brought shall not apply 
 to attachment suits brought against non-residents of this state, 
 which suits may be brought in any district when any property 
 of the defendant is levied upon within such district or any 
 garnishee resides or is found in such district, nor shall it apply 
 to forcible entry and detainer suits in which the defendants 
 do not reside or cannot be found within the city of Chicago, 
 Avhich suits may be brought in any district in which the prop- 
 erty, the possession of which is sought to be recovered, is situ- 
 ated, and service of summons may be had by notice by pub- 
 lication in the manner required by law in cases of attachments 
 in courts of record. Wlien, upon the complaint of any de- 
 fendant, it shall be made to appear to the municipal court in 
 any district that the suit has been improperly brought therein, 
 the court shall not be required on that account to dismiss the 
 suit, if the municipal court in any district could properly have 
 jurisdiction thereof, but in such case the court may cause 
 such suit to be transferred to the proper district and the court 
 in the district to which the same is transferred shall proceed 
 therewith as if the same had been originally commenced in
 
 
 ^ 
 
 THE MUNICIPAL COURT ACT. 23 
 
 said district: Provided, however, that the court may, in its 
 discretion, require the plaintiff to pay the costs of the defend- 
 ant paid by him prior to such transfer: And provided further, 
 that whenever a trial by jury is demanded in any case, whether 
 civil, criminal or quasi criminal, the court may, in its discre- 
 tion, direct the trial of said case to be had in the first district, 
 and for that purpose may cause said case to be transferred to 
 the first district, to be there tried and disposed of. 
 
 Section 30. That every suit at law in the municipal court, 
 other than a case of the second class or a case of the third 
 class mentioned in section two (2) of this act, shall be tried 
 by the court without a jury unless the plaintiff, at the time 
 he commences his suit, or the defendant, at the time he enters 
 his appearance, shall file with the clerk a demand in writing 
 of a trial by jury, which demand, however, may be withdrawn 
 by the party filing the same at anj'- time before the trial, and 
 in every case of the third class mentioned in section two of 
 this act a trial by jury shall be deemed waived unless the 
 defendant shall expressly demand such trial. 
 
 Section 31. That in all cases tried by jury in a municipal 
 court each party shall be entitled to a challenge of the same 
 number of jurors without showing cause for such challenge as 
 are allowed in similar cases in the circuit courts and in the 
 criminal court of Cook county, and challenges for statutory 
 and other causes shall be allowed as in similar cases in the 
 circuit court and in said criminal court of Cook county. It 
 shall be the duty of the judge presiding at the trial to exam- 
 ine or cause to be examined all jurors called into the jury box 
 in any ease with respect to their statutory qualifications to 
 serve as petit jurors in such case, and to permit the plaintiff, 
 or the people, and the defendant to propound to the jurors 
 such pertinent questions 'as may be neeeissary for the purpose 
 of ascertaining whether the jurors are biased or prejudiced. 
 But upon appeal or writ of error to review any judgment of 
 said municipal court in any case tried therein by jury no 
 assignment of error shall be allowed which shall call in ques- 
 tion any ruling of the court pertaining to or connected with 
 the impaneling of the jury, other than one improperly restrict-
 
 24 PRACTICE IN THE MUNICIPAL COURT. 
 
 ing the right of the defendant to examine the jurors as to bias 
 or prejudice, or improperly overruling a challenge by the de- 
 fendant of a juror for bias or prejudice. 
 
 Section 32. That the municipal court in any civil suit 
 pending therein, at any time before the trial or final hearing 
 thereof, may permit the filing therein of interrogatories to be 
 answered by any party to such suit or any person for whose 
 immediate benefit such suit is prosecuted or defended, or by the 
 • directors, officers, superintendent or managing agents of any 
 corporation which is a party to the record in such suit, at the 
 instance of the adverse party or parties or any of them, and 
 to require an answer under oath to all such interrogatories as 
 the party to be interrogated might be recjuired to answer if 
 called as a witness upon the trial or hearing of such suit, but 
 the party filing such interrogatories shall not be concluded by 
 the answers thereto, if he shall elect to introduce the same or 
 any or either of them upon the trial or final hearing. 
 
 Section 33. That upon the trial or hearing of any suit in 
 the municipal court any party thereto, or any person for whose 
 ^ immediate benefit such suit is prosecuted or defended, or the 
 , V^'^' directors, officers, superintendent or managing agents of any 
 j[y^ ^ corporation which is a party to the record in such suit, may be 
 p^'^ examined upon the trial thereof as if under cross-examination 
 
 N *A^ . at the instance of the adverse party or parties or any of them, 
 ^ and for that purpose may be compelled, in the same manner 
 
 and subject to the same rules for examination as any other wit- 
 ness, to testify, but the party calling for such examination shall 
 not be concluded thereby, but may rebut the testimony' thus 
 given by counter testimony. 
 
 Section 34. That whenever in any suit pending in the 
 municipal court, evidence shall be necessary concerning any 
 fact in support of or in opposition to any interlocutory or other 
 motion or application, other than an application for a change 
 of venue, the court may, in its discretion, require such evidence 
 to be presented by the oral examination of witnesses in open 
 court or otherwise, and may make all necessary orders for 
 such oral examination.
 
 V 
 
 THE MUNICIP.VL COURT ACT. 2u 
 
 Section 35. That any judge of the municipal court shall 
 upon the application of either party and upon reasonable notice 
 to the opposite party, have power to sign or otherwise make 
 J any order in any suit pending in the municipal court at any 
 O place within the city of Chicago, whenever in the opinion of 
 such judge the granting of such order at such place is in fur- 
 therance of justice, and such order shall be as effective as if 
 made in any court room of said court or in the chambers of 
 said judge. 
 
 Section 36. That cases in the municipal court shall be tried 
 in such order and the calendars of cases shall be so arranged 
 as may be determined by the chief justice or by rules of the 
 court adopted as herein provided. 
 
 Section 37. That in trials by jury in the municipal court, 
 <Jthe court shall charge the jury as to the law only, and the 
 charge may, in the discretion of the court, be given orally or 
 in writing, but, when given orally, it shall be taken down in 
 shorthand, and at the request of either .party a transcript 
 thereof shall be made and filed in the cause in which such 
 charge is given, and shall be made a part of the record in such 
 case. 
 
 Section 38. That whenever it appears in any bill of excep- 
 tions signed in any case of the first class or any ease of the 
 second class or any case of the third class, mentioned in sec- 
 tion two (2) of this act, tried and determined in the municipal 
 court, that any erroneous ruling was made by said municipal 
 court against the objection of the party complaining thereof, 
 =^, but that no formal exception was taken by such party thereto, 
 such erroneous ruling shall be subject to review upon appeal 
 or writ of error to the same extent and in like manner as if 
 it appeared that a formal exception had been taken thereto by 
 the party complaining, and no bill of exceptions shall be held 
 defective for the want of the seal of the judge thereto. Upon 
 the prosecution of an appeal or writ of error to review any 
 judgment of the municipal court, in any such case, the original 
 bill of exceptions, in lieu of a certified copy thereof, shall be 
 inserted in the transcript of the record to be filed in the su- 
 preme court or appellate court upon such appeal or writ of 
 
 i>
 
 26 PRACTICE IK THE MUNICIPAL COURT. 
 
 error, unless the municipal court shall otherwise direct, and 
 upon the final determination of such appeal or writ of error 
 such orif?iual bill of exceptions shall be remitted to the munic- 
 ipal court. 
 
 Section 39. That no application for a change of venue in 
 any case of the fourth class or in any case of the fifth class 
 mentioned in section two (2) of this act, or in any criminal 
 case punishable by fine or imprisonment otherwise than in the 
 penitentiary, on account of the prejudice of the judge shall 
 be allowed by the municipal court when the applicant names 
 in his application more than one judge from whom such change 
 of venue is desired, nor unless such application for a change 
 of venue is made by petition as in like cases in the circuit 
 courts, and such petition is filed at or before the time of the 
 filing or entering by the defendant of his appearance in the 
 suit in which such change of venue is asked for, if such suit 
 is a civil suit, or at or before the time the defendant is required 
 to plead if such suit is a criminal suit, and in no case shall the 
 granting of any change of venue delay the trial of the suit, but 
 such suit shall be tried and disposed of at the time set for the 
 trial thereof or at the time to which the trial thereof may be 
 postponed, before some other judge of the court than the one 
 from whom the change of venue has been granted, or in any 
 other district in which the same may be ordered to be tried, and 
 all orders necessary for the setting of such case for trial and for 
 the securing of a speedy trial thereof may be made by the judge 
 from whom said change of venue has been obtained. 
 
 Section 40. That every case of the fourth class and every 
 case of the fifth class mentioned in said section two (2) of 
 :this act, excepting attachment suits, replevin suitSj cases of 
 'distress for rent, and forcible entry and detainer suits, and 
 also quasi-criminal cases brought in the municipal court, shall 
 be commenced by the filing by the plaintiff with the clerk of 
 a praecipe for a summons, specifying the names of the parties 
 to the suit, the amount of the plaintiff's claim and the day 
 at which the summons shall be made returnable, which day 
 shall not be less than five (5) nor more than fifteen (15) days 
 from the filing of the praecipe, and a bill of particulars of the
 
 i 
 
 V 
 
 THE MUNICIPAL COURT ACT, 27 
 
 plaintiff's claim, which bill of particulars, if the suit be upon a 
 contract, express or implied, shall consist of a statement of the 
 account or of the nature of the demand, or, if the suit be for a 
 tort, it shall consist of a brief statement of the nature of the tort 
 and such further information as will reasonably inform the 
 defendant of the nature of the case he is called upon to defend, 
 but nothing herein contained shall be construed to require the 
 bill of particulars in any action for a tort to set forth the 
 cause of action with the particularity required in a declaration 
 at common law. In cases of the fourth class and. in cases of 
 the fifth class mentioned in said section two (2) of this act, 
 the municipal court may adopt such rules and regulations as 
 it may deem necessary to enable the parties, in advance of 
 the trial, to ascertain the nature of the plaintiff's claim or 
 ^ims, or of the defendant's defense or defenses. 
 
 Section 41. That upon the filing of such praecipe and bill 
 of particulars the clerk of the municipal court shall issue a 
 summons to the defendant directed to the bailiff to execute 
 and returnable at ten o'clock a. m. sharp of the day for such 
 return specified in the praecipe, which summons shall state the 
 amount of the plaintiff's claim and shall be attested in like 
 manner as a summons issued out of a court of record. Upon 
 every such summons there shall be printed in plain type the 
 provisions of this act pertaining to defaults in case of the non- 
 appearance of the defendant, and setting of the case for trial 
 in case of appearance, and such further information as may 
 be prescribed by the chief justice. 
 
 Section 42. That every such summons issued out of the 
 municipal court shall be served, if the defendant be an indi- 
 vidual, by delivering to him a copy thereof and informing him 
 of its contents, or, if the defendant be a corporation, service 
 shall be made upon such corporation in the same manner as is 
 now or hereafter may be provided by law for the service of 
 process upon such corporation in a suit at law when issued out 
 of a circuit court. In case said summons shall not be served 
 upon the defendant three days or more prior to the return 
 day thereof an alias summons may be issued and a subsequent 
 pluries summons may be issued in any case when a previous
 
 ^^ 
 
 .^ 
 
 28 PRACTICE IN THE MUNICIPAL COURT. 
 
 alias or pluries summons shall not have been served upon the 
 defendant three days or more prior to the return day fixed 
 in the previous summons. Service of such alias or pluries 
 summons shall be made in the same manner as that above pro- 
 vided for the service of the original summons. 
 
 Section 43. That upon the return of any such summons 
 duly served upon the defendant, the plaintiff shall be entitled 
 to judgment as in case of default, unless the defendant shall 
 either appear in person at the time specified in such summons, 
 or shall, at or before the time fixed in such summons for his 
 appearance, file his appearance in writing in said municipal 
 court. Upon such default the court shall assess the damages 
 after hearing such evidence as the court may deem sufficient 
 for that purpose. In case the defendant shall desire upon the 
 trial to present any set-off or counter claim, he shall file a 
 bill of particulars thereof with his appearance; provided, how- 
 ever, the court may, in its discretion, extend the time for the 
 filing of such bill of particulars. It shall be the duty of the 
 court at ten o'clock a. m. sharp of each day upon which the 
 court is open for business, or as soon thereafter as is prac- 
 ticable, to call the cases in which the summonses are then re- 
 turnable for the purpose of ascertaining whether the defend- 
 ants therein have appeared in person or have entered their ap- 
 pearances in writing, and to give such directions with respect 
 to such appearances as the court may find necessary or proper 
 for the information of the parties. 
 
 Section 44. That the clerk of the municipal court shall keep 
 on hand and furnish to suitors and attorneys on application 
 printed blank forms of praecipes, summonses, entries of ap- 
 pearance, affidavits, bonds, attachment writs, replevin writs, 
 petitions for changes of venue, and all other papers necessary 
 for the use of the parties to suits in such court. Forms for 
 such papers shall be prescribed by the chief justice of the 
 municipal court, who shall also from time to time prescribe 
 and cause to be printed forms of bills of particulars to be used 
 in said court. 
 
 Section 45. That if in any case of the fourth class or in 
 jiny case of the fifth class mentioned in said section two (2)
 
 THE MUNICIPAL COURT ACT. 29 
 
 I of this act, brought iii the municipal court, the defendant shall 
 ' appear at the time specified in the summons or shall have 
 ' entered his appearance in writing at or before the time so speci- 
 fied, the court shall, at such time, or as soon thereafter as prac- 
 ticable, fix a time for the trial thereof and such case shall be 
 tried at the time so fixed or as soon thereafter as the other busi- 
 ness of the court will permit. 
 
 y Section 46. That amendments to bills of particulars, prae- 
 
 /Veipes, summons and other papers filed by either party may, in 
 the discretion of the court be allowed at any time. 
 
 Section 47. That the court may in any case of the fourth 
 
 ^" — class or any case of the fifth class mentioned in section 
 
 '^two (2) of this act, grant such postponements of the trial, and 
 
 Vmay make such other orders in respect thereto as the court may 
 
 J deem proper and necessary for the protection of the rights of 
 
 _f the parties, and the failure of the court to try any such case 
 
 at the time to which the trial has been postponed shall not 
 
 \ operate as a discontinuance, but the same shall remain under 
 
 the control of the court until the final disposition thereof. 
 
 
 i 
 
 J Section 48. That the practice and proceedings in the mu- 
 "^ nicipal court, other than the mode of trial and the proceed- 
 % ings subsequent to the trial, in cases of attachment, replevin, 
 distress for rent and forcible entry and detainer included with- 
 in the cases of the fourth class and within the cases of the 
 ^ fifth class mentioned in section two (2) of this act, shall be 
 y the same as near as may be, as that which is now prescribed 
 ^ by law for similar cases in courts of record, with the following 
 5 exceptions : 
 
 First — There shall be no written pleadings, excepting such 
 as are required by law in similar cases before justices of the 
 peace, other than the affidavits in attachment and replevin, 
 copies of the distress warrants in cases of distress for rent, and 
 the complaint in forcible entry and detainer, and the writs shall 
 be made returnable in like manner as the summons in other 
 cases of such classes in the municipal court. 
 
 Secmid — In attachment cases the plaintiff at the time of the 
 commencement of his suit and the defendant at the time of his 
 appearing in person or of his entering his appearance in writ-
 
 30 
 
 PRACTICE IN THE MUNICIPAL COURT, 
 
 V 
 
 ing, if he shall desire upon the trial to present any set-off or 
 counter-claim, shall file a bill of particulars thereof. 
 
 Third — In forcible entry and detainer cases the plaintiff may 
 unite with his claim for possession of the property any claim 
 for rent or damages for withholding possession of the same, 
 providing such claim does not exceed one thousand dollars 
 ($1,000). 
 
 Fourth — The mode of trial and all proceedings subsequent 
 to the trial shall be the same, as near as may be, as in other 
 cases of the fourth class and cases of the fifth class, mentioned 
 ;ection two (2) of this act. 
 
 4 
 
 Section 49. That the practice in the municipal court in 
 quasi criminal cases shall be the same as herein prescribed 
 for civil cases of the fourth class mentioned in section two (2) 
 of this act, in said court, excepting as follows: 
 
 First — The first process in any suit for the violation of any 
 municipal ordinance shall, except as hereinafter provided, be 
 a summons. If the defendant, after being duly served with 
 summons, fails to appear personally, at the time specified in 
 the summons, or to enter his appearance at or before such 
 time, the court may proceed, as in case of default, or may issue 
 a warrant for the arrest of the defendant. 
 
 Second — When the offense complained of is also a violation 
 of any provision of the criminal code, the court may issue a 
 warrant in the first instance for the violation of the ordinance 
 under like circumstances under which a warrant might issue 
 for a violation of the criminal code, and such warrant may be 
 served at any place within the city of Chicago if the court in 
 its discretion shall so direct. 
 
 Third — A warrant may issue in the first instance upon the 
 affidavit of any person that an ordinance has been violated and 
 that the person making the complaint has reasonable grounds 
 to believe the party charged is guilty thereof and will escape 
 unless arrested, and stating the facts upon which such belief 
 is based, provided the judge to whom application is made for 
 such warrant shall be satisfied, after examining under oath 
 the party making the affidavit, that such arrest should be made, 
 and any person arrested upon any warrant herein provided for
 
 THE MUNICIPAL COURT ACT. 31 
 
 shall, without unnecessary delay, be taken before the branch 
 court to which such warrant is returnable and tried for the 
 alleged offense, and such warrant may be served at any place 
 within the city of Chicago, if the court in its discretion shall 
 so direct. 
 
 Section 50. That upon the arrest of any person for any 
 criminal or quasi criminal offense within the jurisdiction of 
 the municipal court, any judge of the municipal court, or any 
 judge of the circuit or superior court of Cook county shall 
 have power to let such person to bail and in case of the arrest 
 of any person for any quasi criminal offense or for any offense 
 when the punishment is by fine or imprisonment otherwise than 
 in the penitentiary, the chief of police or any captain, lieuten- 
 ant or sergeant of police of the city of Chicago shall have power 
 vlo let such person to bail. The bail bond in any such ease 
 shall be conditioned for the appearance of the person arrested 
 before some branch court at a time fixed in such bond for such 
 appearance, which time shall not be later than two days after 
 the date of the bond. Any bond so taken shall be signed by 
 one or more sureties to be approved by such judge or officer, 
 who shall be authorized and required to administer oaths for 
 the purpose of ascertaining the sufficiency of the sureties. All 
 bonds so taken shall be filed with the clerk of the municipal 
 court at the branch court at which the person so arrested is 
 required to appear. The exercise of the power hereby con- 
 ferred of letting to bail shall be subject to regulation by such 
 rules as may be adopted by a majority of the judges of the 
 municipal court as herein provided. But any person so arrest- 
 ed shall have the right to be brought immediately before the 
 municipal court in the district in Avhich he is arrested, or, if 
 there be no judge then in attendance upon such court, to the 
 municipal court in any other district at which there may be 
 a judge then in attendance, to be dealt with by such court ac- 
 cording to law. The court may, by rule, provide that any de- 
 fendant arrested in any criminal case in which the punish- 
 ment is by fine only, or in any quasi criminal case, may, in lieu 
 of giving bail for his appearance, deposit with the clerk such 
 sum of money as the court may deem sufficient to secure his 
 appearance at the time or times so fixed therefor. Such sum
 
 PRACTICE IN THE MUNICIPAL COURT. 
 
 to be forfeited and i)aid into the city treasury in ease such 
 efendant shall fail to appear at the time or times so fixed. 
 
 Section 51. That if the method of procedure in any case 
 within the jurisdiction of the municipal court is not sufficiently 
 prescribed by this act, or by any rule of court adopted in 
 pursuance hereof, the branch court in which the same is brought 
 or proposed to be brought, may make such provision for the 
 conducting and disposing of the same as may appear to the 
 court proper for the just determination of the rights of the 
 parties. 
 
 Section 52. That both in direct and in collateral proceed- 
 ings the same presumptions shall be indulged with respect to 
 the jurisdiction of the municipal court over the subject matter 
 of suits and over the parties thereto, as are indulged with 
 respect to the jurisdiction of circuit courts in like cases. 
 
 Section 53. That any money judgment rendered by the 
 municipal court, when no execution issued thereon is outstand- 
 ing, may be satisfied by the payment by the party against 
 whom the same has been rendered of the amount thereof to the 
 clerk of said court, who, upon payment being made, shall enter 
 satisfaction thereof and shall, upon demand, pay over the 
 money received by him to the person appearing of record to be 
 entitled thereto. 
 
 Section 54. That the municipal court shall take judicial 
 notice of all matters of which courts of general jurisdiction of 
 this state are required to take judicial notice, and also of the 
 following : 
 
 1. All general ordinances of the city of Chicago and all 
 general ordinances of every municipal corporation situated in 
 whole or in part within the limits of the city of Chicago. 
 
 2. All laws of a public nature enacted by any state or terri- 
 tory of the United States. 
 
 I 
 
 Section 55. That the masters in chancery of the circuit and 
 superior courts of Cook county shall be ex officio masters in 
 chancery of the municipal court.
 
 TUE MUNICIPAL COURT ACT. 33 
 
 Section 56. That the costs in civil eases in the municipal 
 
 court shall be as follows: 
 
 I First — In a case of the first class mentioned in section two 
 
 (2) of this act the plaintiff at the time of commencing his suit 
 
 jshall pay to the clerk in full for all services to be rendered by 
 
 /said clerk for the plaintiff in said suit other than the making 
 
 /or furnishing of transcripts of the record, the sum of eight dol- 
 
 I /lars ($8.00), and if he at the same time files with the clerk a 
 / demand in writing of a trial by jury he shall pay to the clerk 
 
 < the further sum of six dollars ($6.00) to be applied towards 
 J the payment of the fees of jurors in said court, 
 
 U Second — In a case of the second class mentioned in section 
 
 O two (2) of this act the plaintiff, at the time of the bringing of 
 the transcript of the record to the municipal court, shall pay 
 to the clerk in full for all services to be rendered by said clerk 
 for the plaintiff in said suit other than the making or furnish- 
 ing of transcripts of the record, the sum of eight dollars 
 ($8.00), and if he at the same time files with the clerk a de- 
 mand in writing of a trial by jury, he shall pay to the clerk 
 the further sum of six dollars ($6.00) to be applied towards 
 the payment of the fees of the jurors in said court. 
 
 Third — In any case of the first class or of the second class 
 mentioned in section two (2) of this act the defendant at the 
 time of filing his appearance, and before he shall be permitted 
 to make any defense, shall pay to the clerk in full for all serv- 
 ices to be rendered by said clerk for the defendant in said 
 suit, other than the making or furnishing of transcripts of the 
 record, the sum of three dollars ($3.00), and if he shall at 
 the same time file with the clerk a demand in writing of a trial 
 t>y jury, he shall pay to the clerk the further sum of six dol- 
 lars ($6.00) to be applied towards the payment of the fees of 
 the jurors in said court. 
 
 Fourth. — In any case of the fourth class or of the fifth class 
 mentioned in section two (2) of this act, the plaintiff, at the 
 time of commencing his suit shall pay to the clerk in full for 
 all services to be rendered by said clerk, if such case be other 
 than an action of forcible entry and detainer, the sum of two 
 dollars ($2.00) when the amount claimed by him in money or 
 property does not exceed two hundred dollars ($200), the sum 
 3
 
 34 PRACTICE IN THE MUNICIPAL COURT. 
 
 of five dollars ($5.00) when the amount claimed by him 
 exceeds two hundred dollars ($200) but does not exceed 
 one thousand dollars ($1,000), and the sum of two dollars 
 ($2.00) in a case of forcible entrj' and detainer, and if the 
 I)laintiff at the time he commences his suit files with the clerk 
 a demand in writing of a trial bj^ jury, he shall pay to the 
 clerk the further sum of six dollars ($6.00) to be applied 
 towards the payment of the fees of jurors in said court. 
 
 Fifth — In any case of the fourth class or of the fifth class 
 mentioned in section two (2) of this act the defendant, at the 
 time of his appearance, shall pay to the clerk in full for serv- 
 ices to be rendered by said clerk, if the suit be other than an 
 action of forcible entry and detainer and the amount claimed 
 by the plaintiff in money or property exceeds two hundred dol- 
 lars ($200) the sum of two dollars ($2.00), and if the defend- 
 ant shall at the same time file with the clerk a demand in writ- 
 ing of a trial by jury he shall pay to the clerk the further sum 
 of six dollars ($6.00) to be applied towards the payment of 
 the fees of jurors in said court. 
 
 Sixth — The costs to be paid for the services of the bailiff 
 and of sheriffs and other costs not included in the above in 
 cases of the first class and in ea.ses of the second class men- 
 tioned in section two (2) of this act shall be the same as those 
 required by law from time to time to be paid for similar serv- 
 ices in cases in the circuit court of Cook county. 
 
 Seventh — In any case of the fourth class or of the fifth class 
 mentioned in section two (2) of this act the party delivering 
 to the bailiff any summons, writ of attachment, writ of replevin, 
 subpoena, writ of execution or other process shall at the time 
 of making such delivery pay to the bailiff the sum of one 
 dollar ($1.00) for each defendant named in such process upon 
 whom service thereof is to be made, and in cases of writs of 
 jittachraent, replevin or execution, he shall pay to the bailiff 
 the further sum of one dollar ($1.00) when any levy upon 
 or seizure of property is to be made thereunder, and shall also 
 pay to the bailiff the actual expense of seizing or caring for 
 any property levied upon or seized thereunder. 
 
 Eighth — In any ease of the fourth class or of tho fifth class 
 mentioned in section two (2) of this act, the party procuring
 
 THE MUNICIPAL COURT ACT. 35 
 
 any certified copy of the record or of any portion thereof in 
 any case shall pay to the clerk the same fees required by law 
 from time to time to be paid to the clerk of the circuit court of 
 Cook county for similar services. 
 
 Ninth — In any case of the fourth class or of the fifth class 
 mentioned in section two (2) of this act the bailiff as commis- 
 sions on moneys realized by execution, shall collect from the de- 
 fendant in the execution five (5) per cent, upon the amount 
 realized if it do not exceed one hundred dollars ($100), but if 
 the amount realized exceeds one hundred dollars ($100) the 
 bailiff shall collect five (5) per cent, on the first one hundred 
 dollars ($100) and three (3) per cent, upon the excess over 
 one hundred dollars ($100). 
 
 The amounts hereby required to be advanced when a demand 
 in writing of a trial by jury is filed to be applied towards the 
 payment of the fees of jurors in said court shall be paid by the 
 clerk into the city treasury. 
 
 In any case included within the terms of this section the 
 court may, in its discretion, order that an advance payment of 
 costs may be waived in favor of any poor person whose financial 
 circumstances, as made to appear to the court, are such that 
 such advance payment would be unduly burdensome or oppres- 
 sive. 
 
 Section 57. That the costs in criminal and in quasi crim- 
 inal cases and proceedings in the municipal court, instituted in 
 »<• the name or by the authority of the people or in the name of 
 *^any state or county officer in his official capacity, shall be as 
 Vf ollows : 
 
 ^' First — The clerk's fees in full for all services rendered by 
 him shall be the sum of six dollars ($6.) 
 
 Second — The bailiff's fees shall be the same as those which 
 .may now or hereafter be fixed bv law for the sheriff in eoiin- 
 jties of the third class for similar services. 
 
 All monej's collected upon judgments of the municipnl court 
 in such cases shall be paid to the clerk, who shall, at the end 
 of every three months, apply the same, or so much thereof as 
 may be necessary, to the payment of the uncollected costs in 
 criminal and quasi criminal eases instituted in the municipal 
 court in the name of the people, or in the name of any state or 
 
 i
 
 36 PRACTICE IN THE MUNICIPAL COURT. 
 
 (county officer in his official capacity, and pay over the balance, 
 if any, to the officer entitled by law to receive the same. 
 
 Section 58. That the costs in cases in the municipal court 
 instituted in the name of the city of Chicago- or in the name 
 of any officer thereof in his official capacity, shall be as fol- 
 lows : 
 
 First — The clerk's fees in full for all services rendered by 
 him shall be the sura of six dollars ($6). 
 
 Second — The bailiff's fees shall be the same as those which 
 •,^ may now or hereafter be fixed by law for the sheriff in coun- 
 '^ ties of the third class for similar services. 
 
 v^^ All moneys collected upon judgments of the municipal court 
 
 ^ in cases for the violation of the ordinances of the city of Chi- 
 
 S. '^ cago shall be paid to the clerk, who shall pay over the same to 
 
 the city of Chicago, within one week after receiving the same. 
 
 Section 59. That the clerk and each deputy clerk shall 
 
 collect for the acknowledgment and entering of memoranda 
 
 of chattel mortgages and for the acknowledgment of other 
 
 written instruments the same fees allowed by law to justices 
 
 of the peace for similar services and the fees so collected and 
 
 all costs collected in each week by the clerk and bailiff shall 
 
 be paid over by them respectively to the city of Chicago on 
 
 the Monday of the succeeding week, and the clerk and bailiff 
 
 shall be held personally responsible for all costs required to be 
 
 paid to them in advance as hereinbefore provided, and the clerk 
 
 ,^ shall be pei*sonally responsible for all fees required as afore- 
 
 ^ said to be collected hy him and by each deputy clerk. 
 
 T The clerk and the bailiff shall be required to keep complete 
 
 ?v and accurate accounts of all moneys collected by them and by 
 
 ^ their respective deputies, and such accounts shall, under the 
 
 >^ direction of the chief justice of said municipal court, be exam- 
 
 ^A ined and audited monthly, the expense thereof to be paid by 
 
 ^ the city. 
 
 Section 60. That the offices of justices of the peace, police 
 
 magistrates and constables in and for the territory within the 
 
 "v, city of Chicago be and they are hereby abolished, and that the 
 
 ,i^ jurisdiction of justices of the peace in the territory of the 
 
 ''■^ 

 
 I 
 
 THE MUNICIPAL COURT ACT. 37 
 
 '^^-countj^ of Cook outside of the city of Chicago be and it is 
 
 hereb}^ limited to the territory of said count}'' outside of said 
 
 eity, but this section of this act shall not become operative until 
 
 ^ the first Monday of December, A. D, 1906^ and on and after 
 
 ^ said date the jurisdiction hereby conferred upon the municipal 
 
 £^ court shall exclude the exercise of any portion of such juris- 
 
 V diction by all other courts excepting courts of record, and on 
 
 J and after said first Monday of December, A. D. 1906, no other 
 
 V court than a court of record shall exercise jurisdiction in any 
 
 ^ case in which said municipal court is given jurisdiction by 
 
 this act. 
 
 Section 61. That when the offices of justices of the peace 
 within the city of Chicago shall be abolished the docket of each 
 justice of the peace whose office is thus abolished and all papers 
 in his possession pertaining to proceedings had before him shall 
 be forthwith delivered up to the clerk of the municipal court, 
 who shall preserve the same in his office kept in the first dis- 
 trict and who shall have full power and authority to certify 
 to transcripts of such proceedings as such justice of the peace 
 would have had, had the office not been abolished. Executions 
 -vmay be issued by the clerk of said court upon any unsatisfied 
 judgments rendered by such justice of the peace in all cases 
 "'^n which the same might have been issued had such office of 
 "^justice of the peace not been abolished, and said municipal 
 court shall allow an appeal to the circuit or superior court of 
 J Cook county from any judgment rendered by any justice of 
 Hhe peace within twenty (20) days prior to the first IMonday of 
 ; December, A. D. 1906, upon the giving by the appellant of 
 j^an appeal bond with security as now required by law in eases 
 J of appeals from justices of the peace, provided such appeal is 
 w prayed for at any time within twenty (20) days after the first 
 ^ Monday of December, A. D. 1906. In all cases not determined 
 or finally disposed of by such justice of the peace at the time 
 his office is abolished, such proceedings shall be had in said 
 municipal court as might be had were such suits originally 
 brought in said court, but no trial of any such case shall be 
 had in said court without such notice to the parties thereto 
 as the court may deem necessary. AH writs issued by justices 
 of the peace within the city of Chicago and which shall not
 
 38 PRACTICE IN TUK MUNICIPAL COURT. 
 
 have been returned on the first Monday of December, A. D. 
 190G, shall be forthwith returned to the municipal court, and 
 said municipal court shall have full power to make such pro- 
 vision for the execution or other disposition of all such writs 
 as said court may deem proper for the protection of the rights 
 of the respective parties to the suits in which such writs have 
 been issued. 
 
 Section 62. That it shall be the duty of the chief justice 
 of the municipal court to superintend the keeping of the rec- 
 ords of said court and to prescribe abbreviated forms of en- 
 tries of orders therein, which abbreviated forms so prescribed 
 shall have the same force and effect as if said orders were 
 entered in full in the records of said court. When any certi- 
 fied transcript of the record, or of any portion thereof, of 
 any suit or proceeding in said court is required, the same shall 
 be written out in full from such abbreviated forms and duly 
 authenticated according to law. 
 
 Section 63. That the orders, judgments, and decrees of the 
 municipal court in cases of the first class and cases of the sec- 
 ond class shall have the same force, be of the same effect, be 
 liens upon real estate in the city of Chicago to the same extent 
 and under the same circumstances^ and be executed and en- 
 forced in the same manner as the judgments, orders and de- 
 crees of the circuit court of Cook county, and such judgments 
 and decrees shall also be liens upon real estate in the countj'" of 
 Cook outside of the city of Chicago after certified transcripts 
 of the same shall have been filed in the office of the recorder of 
 Cook county, which transcripts shall contain the names of the 
 parties to the suits, the kinds of actions, the amounts of the 
 judgments or the general nature and effect of the decrees as 
 the case may be, and the dates on which the judgments and 
 decrees were rendered; provided, Jiowever, that no such orders, 
 judgments or decrees shall be liens upon or affect registered 
 land or any estate or interest therein until a certificate under 
 the hand and official seal of the clerk of the municipal court, 
 stating the date and purport of the judgment, decree or order, 
 is filed in the office of the register of titles of said Cook county, 
 and a memorial of the same is entered upon the register of the 
 last certificate of title to be affected.
 
 THE MUNICIPAL COURT ACT. 39 
 
 Section 64. That all other judgments of the municipal court 
 shall have the same force, be of the same effect and be executed 
 and enforced in the same manner as the judgments of the cir- 
 cuit court of Cook county. But no such judgment shall be a 
 lien upon the real estate of the person against whom it is ob- 
 tained, excepting from the time of the filing of a certified trans- 
 cript thereof in the office of the recorder of Cook county, which 
 transcript shall contain the names of the parties to the suit, 
 the kind of action, the amount of the judgment and the date 
 upon which the same was rendered, provided, however, that no 
 such judgment shall be a lien upon or affect registered land or 
 any estate or interest therein until a certified transcript thereof 
 is filed in the office of the register of titles of Cook county and 
 a memorial of the same is entered upon the register of the last 
 certificate of title to be affected. The recorder of Cook county 
 shall provide and keep in his office for said municipal court well 
 bound books for entering therein an alphabetical docket of all 
 judgments and decrees rendered in said municipal court as is 
 now required by law for docketing judgments and decrees ren- 
 dered in circuit courts, and shall forthwith, after the filing 
 of any transcript herein provided for, enter the same, together 
 with the hour, day, month and year of the filing of such certi- 
 fied transcript and the general number thereof. 
 
 Section 65, That in case it shall be hereafter determined 
 that so much of sections nine (9) and twelve (12) hereof as 
 fixes the terms of office of the chief justice and associate judges 
 of the municipal court is invalid, this act shall not on that 
 account be adjudged wholly invalid, but the terms of office of 
 the chief justice and associate judges of said municipal court 
 shall in such case be four (4) years, and they shall hold theii- 
 offices until their successors shall be elected and qualified, and 
 on the first Tuesday after the first Monday of November, A. D. 
 1910, and on the first Tuesday after the first Monday of No- 
 vember of every fourth year thereafter there shall be elected a 
 chief justice and twenty-seven (27) associate judges of said 
 municipal court as successors in office of the judges hereby 
 required to be elected on the first Tuesday after the first Mon- 
 day of November, A. D. 1906, and the terms of office of the 
 associate judges which may be added to said municipal court
 
 40 
 
 PRACTICE IN THE MUNICIPAL COURT. 
 
 ill pursuance of section twelve (12) hereof shall be four (4) 
 years. 
 
 Section 66. That the invalidity of any portion of this act 
 shall not affect the validity of any other portion thereof, which 
 can be criven effect without such invalid part. 
 
 Section 67. That this act shall be submitted to a vote of the 
 legal voters of the city of Chicago at the general election to 
 be held on the first Tuesday after the first Monday of .Novem- 
 ber, A. D. 1905. The ballots to be used at said election in 
 voting upon this act shall be in substantially the following 
 form: 
 
 For consenting to the act entitled "An act in 
 relation to a Municipal Court in the city of Chi- 
 
 cago. 
 
 Against consenting to the act entitled "An act 
 in relation to a Municipal Court in the city of 
 Chicago. ' ' 
 
 If a majority of the legal voters of safld city voting on the 
 question at such election shall vote in favor of consenting to 
 this act, the same shall immediately thereupon take effect and 
 become operative.
 
 CHAPTER n. 
 
 HISTORY OF THE FRAMING AND PASSAGE OF THE 
 MUNICIPAL COURT ACT. 
 
 Shortly after the adoption by the people of the constitu- 
 tional amendment of 1904, which now constitutes section 34 
 of Article IV of the constitution of 1870, the Chicago New 
 Charter Convention, through its executive committee selected 
 Messrs. John P. Wilson, Murray F. Tuley, Carter H. Harrison, 
 John S. Miller, Bernard A. Eckhart and Bernard E. Sunny as 
 a committee, Mr, John P. Wilson being its chairman, to draft 
 a bill to be introduced into the General Assembly for the crea- 
 tion of municipal courts in and for the city of Chicago. The 
 committee employed the author of this book to assist them. 
 The work was entered upon about December 10, 1904, and was 
 actively participated in by all of the members of the committee. 
 About January 20, 1905, the committee, after a number of con- 
 ferences and discussions, at which the matter was given care- 
 ful consideration, agreed upon a bill for an act to be entitled 
 "An Act in relation to municipal courts in the city of Chi- 
 cago. ' ' 
 
 By this bill there were provided one municipal court desig- 
 nated the common pleas court and five additional municipal 
 courts designated city courts. The common pleas court was to 
 be given jurisdiction in all civil and criminal cases and proceed- 
 ings of every kind and character other than suits in equity, and 
 of all such suits in equity as might be transferred to it by 
 change of venue or otherwise by the circuit court of Cook 
 county or by the superior court of Cook county for trial and 
 disposition. The city courts were to be given jurisdiction of the 
 class of cases of which justices of the peace now have juris- 
 diction when the amount sought to be recovered, whether by 
 way of damages, penalty, fine or otherwise, if the suit or pro- 
 ceeding were brought for the recovery of money only, or the 
 value of the personal property claimed, if the suit or proceed- 
 ing Avere brought for the recovery of personal property, did not 
 exceed five hundred dollars, and also of all other suits at law 
 
 41
 
 42 PRACTICE IN THE MUNICIPAL. COURT. 
 
 for the recovery of money only when the amount claimed did 
 not exceed five hundred dollars. The provisions regulating the 
 practice in the common pleas court were similar, in their most 
 essential features, to those regulating the practice in cases of 
 the first, second and third classes, and those regulating the prac- 
 tice in cases of the fourth and fifth classes, in the act finally 
 adopted. 
 
 On January 24, 1905, this bill was introduced into the Senate 
 as Senate Bill No. 45, and into the House as House Bill No. 98. 
 Printed copies of the bill were distributed among the members 
 of the Chicago bar with the result that great interest in the 
 measure was aroused. Its provisions became the subject of 
 extended discussion, and very decided opposition to its passage 
 was developed. Shortly thereafter sixty-eight members of the 
 Chicago bar, together with four Cook county judges, having 
 organized for the purpose of studying and, if necessary, draft- 
 ing amendments to it, prepared an amended bill entitled **A 
 Bill for an act in relation to a municipal court in the city of 
 Chicago," which bill at their request was introduced into the 
 House on February 17, 1905, as House Bill No. 281. This bill 
 differed from Senate Bill No. 45 and House Bill No. 98 in that 
 it omitted all the provisions of the former in relation to the 
 common pleas court, and limited the jurisdiction of the munic- 
 ipal court, which it provided for and designated the city court, 
 to all those classes of suits and proceedings, whether civil or 
 criminal, of which justices of the peace were given jurisdic- 
 tion by law, when the amount sought to be recovered, whether 
 by way of damages, penalty, fine or otherwise, if the suit or 
 proceeding were for the recovery of money only, or the value 
 of the personal property claimed, if the suit were for the re- 
 covery of personal property, did not exceed five hundred dol- 
 lars, and all criminal actions in which the punishment was by 
 fine, when the fine provided for did not exceed two hundred 
 dollars, or by imprisonment otherwise than in the penitentiary 
 when the imprisonment provided for did not exceed one year, 
 or both. Its provisions as to the judges, the clerk, the bailiff 
 and the deputies were similar to those contained in Senate Bill 
 No. 45 and House Bill No. 98. In respect to its practice provi- 
 sions it was radically different from that bill in that it provided 
 that the methods of procedure of the city court should be the
 
 HISTORY OF ACT. 43 
 
 same as those prescribed by law for justices of the peace, and 
 that appeals should lie from its decisions to the circuit, superior, 
 criminal and county courts, the cases appealed to be tried 
 de novo, as is now required with respect to appeals from jus- 
 tices of the peace. 
 
 There was also introduced in the Senate on February 21, 
 
 1905, a bill entitled "A Bill for an act in relation to municipal 
 courts in the city of Chicago," as Senate Bill No. 207. It dif- 
 fered from Senate Bill No. 45 and House Bill No. 98 in the 
 following particulars: First, it omitted all the provisions of 
 the latter relating to the common pleas court, and provided 
 only for municipal courts with the jurisdiction proposed to be 
 conferred upon the city courts by that act. Second, it fixed the 
 salary of the chief justice at four thousand five hundred dol- 
 lars per annum, and the salary of an associate judge at four 
 thousand dollars per annum. Third, it fixed the terms of office 
 of the judges at four years and provided for their election on 
 the fii*st Tuesday of April, 1904, and every four years there- 
 after. Fourth, it provided that the clerk and the bailiff should 
 be elective officers, and that their salaries should be four thou- 
 sand dollars per annum. In all other essential particulars Sen- 
 ate Bill No. 207 was substantially like Senate Bill No. 45 and 
 House Bill No. 98. 
 
 The House Committee on Chicago Charter to whom was re- 
 ferred House Bill No. 98, after a careful consideration of its 
 provisions, reported to the House on March 3, 1905, as House 
 Bill No. 422, a committee biU entitled "A Bill for an act in 
 relation to municipal courts in the city of Chicago." This bill 
 differed from Senate Bill No. 45 and House Bill No. 98 in 
 several particulars. It limited the original criminal jurisdic- 
 tion of the common pleas court to misdemeanors. It provided 
 that the judges should be elected on the first Tuesday of April, 
 
 1906, the chief justice for six years and the associate judges, 
 one-third for two years, one-third for four years and one-third 
 for six years, and that an election for eight associate judges 
 should be held every two years thereafter, and for a chief jus- 
 tice every six years thereafter; and that the clerk and the 
 bailiff should be elected instead of appointed. It omitted the 
 provision for a grand jury. It also made some changes in the 
 practice provisions. In all of its important features, however,
 
 44 PRACTICE IN THE MUNICIPAL COURT. 
 
 it was essentially the same as the first bill. The House passed 
 House Bill No. 422 substantially as it was reported by the com- 
 mittee. 
 
 In the Senate opposition developed to that feature of House 
 Bill No. 422 wliieh provided for a common pleas court. To meet 
 the objections thus raised, the author, at the request and under 
 the direction of the members of the Senate Committee on Chi- 
 cago Charter, prepared a draft of a new bill which omitted 
 the provision for a common pleas court and was, in the main, 
 the bill finally adopted. The purpose of the Senate Commit- 
 tee was to frame a bill which, though different in form from, 
 should preserve the practice provisions of House Bill No. 422. 
 To avoid the danger of overcrowding the court with business 
 the direct original jurisdiction of the court was decreased by 
 omitting therefrom all actions of ejectment, and actions for 
 injuries to the person and qui tarn actions invohdng over one 
 thousand dollars. To compensate for this, however, the class 
 of cases which were to be tried without pleadings was enlarged 
 so as to include all cases at law where the amount claimed did 
 not exceed one thousand dollars. When House Bill No. 422 
 reached the Senate it was amended so as to make its provisions 
 conform to those of the new bill thus drafted and was passed 
 as amended. The House voted non-concurrence ih the amend- 
 ments and, the Senate having refased to recede, a conference 
 committee was appointed and its report, which recommended 
 some changes in the Senate amendments, was adopted. 
 
 At the general election held in November, 1905, the act was 
 consented to by a majority of the legal voters of the City of 
 Chicago voting on the question, the vote being 99,092 for and 
 18,335 against it, and on the 15tli of February, 1906, it was 
 declared constitutional by the Supreme Court in its decision in 
 the case of City of Chicago v. Reeves, 220 111. 274. 
 
 For the purposes of reference and as an aid to an under- 
 standing of the history and meaning of the act, the following 
 are given in the appendix hereto: 
 
 1. Senate Bill No. 45 and House Bill No. 98. 
 
 2. House Bill No. 422. 
 
 3. House Bill No. 281, with the address of its advocates pre- 
 fixed thereto. 
 
 4. House Bill No. 422 as amended by the Senate.
 
 CHAPTER III. 
 CONSTITUTIONAL QUESTIONS IN GENERAL. 
 
 In City of Chicago v. Reeves, 220 111. 274, which involved the 
 constitutionality of the Municipal Court Act, the court, after 
 discussing at length the constitutional amendment of 1904, said : 
 
 "We therefore conclude that the amendment of 1904 is valid, 
 and that the provisions of the constitution, in force prior to 
 its adoption, which are in conflict with said amendment must 
 give way before the amendment. 
 
 "The Municipal Court Act, hereinbefore referred to, consists 
 of sixty-seven sections, and creates in and for the city of Chi- 
 cfigo a court of record known as the 'Municipal Court of Chi- 
 cago.' The city is divided into five districts, and the election 
 of a chief justice and twenty-seven associate justices, who are 
 to hold their offices, respectively, for the period of six years, 
 is provided for. A clerk and bailiff are to be elected and dep- 
 uty clerks and bailiffs appointed, and the jurisdiction and prac- 
 tice of the court are established and regulated. Many of the 
 provisions found in the act, especiallj'' those relating to prac- 
 tice, are new in this State, and while the constitutionality of 
 a number of the provisions of the act have been called in ques- 
 tion in the briefs filed, but little, if anytliing, was said with 
 reference thereto upon the oral argument — which argument 
 was participated in by able counsel and extended beyond the 
 time prescribed by rule of court — it being substantially con- 
 ceded upon such argument that the controlling question in the 
 case was, is the amendment of 1904 a valid amendment? We 
 have examined the Municipal Court Act with care and carefully 
 considered all that has been presented in the briefs by counsel, 
 and have reached the conclusion that if the amendment of 1904, 
 in pursuance of which the act was passed, is a valid constitu- 
 tional amendment, as we are of the opinion it is, said act, in its 
 mam features, is a valid enactment, and that in no event would 
 we be justified in holding it, as a whole, unconstitutional. While 
 there may be some of its features which eventually may be 
 
 45
 
 46 PRACTICE IN THE MUNICIPAL COURT. 
 
 found to be unconstitutional, we think it is better to consider 
 those questions as they arise in due course of business, and to 
 decide them upon fuller argument than has been presented in 
 the briefs filed in this case." 
 
 Those who opposed the passage of the Municipal Court Act 
 and who are still anxious to accomplish its nullification, so far 
 as possible, are filled with great hope by the circum.stance that 
 the court in its opinion limited itself to holding the act valid 
 in its main features and left open for future consideration the 
 validity of those single provisions of it which were not essen- 
 tial to its being held as a whole a valid enactment. In view of 
 the attacks which are contemplated against the act, it is deemed 
 expedient to present such suggestions as may be pertinent re- 
 specting those provisions, the constitutionality of which has 
 been challenged. 
 
 It will be observed that the court in its opinion above quoted 
 declares ' ' that the amendment of 1904 is valid, and that the pro- 
 visions of the constitution, in force prior to its adoption, which 
 are in conflict Avith said amendment, must give way before the 
 amendment." Not onl}- is this amendment valid as a whole, 
 but it is valid in each and every one of its provisions, for other- 
 wise it could not have been sustained. In holding that the 
 provisions of the constitution in force prior to the adoption of 
 the amendment must j'ield to those of the latter, the court 
 affirmed its previous rulings in Moore v. I'eople, 106 111. 376 ; 
 Huston v. Clark, 112 111. 344; Village of Hyde Park v. Spen- 
 cer, 118 111. 446, and Wabash Railway Co. v. Coofi Run Drain- 
 age d' Levee District, 194 111. 310, in which the court had de- 
 clared that the amendment of section 31 of article TV, so far 
 as it invaded the former limitations of the constitution, must 
 prevail and that such limitations were not applicable to the 
 subject matter of that amendment. The constitutional amend- 
 ment, as to the mattei's embraced in it, is, then, the supreme 
 law. 
 
 It is important, therefore, to consider what are the provisions 
 of the constitutional amendment of 1904, so far as they may 
 liave any bearing upon the validity of the Municipal Court Act. 
 Those provisions are as follows: 
 
 "The General Assembly shall have power, subject to the con- 
 ditions and limitations hereinafter contained to pass any law
 
 CONSTITUTIONAL QUESTIONS. 47 
 
 (local, special or general ) providing a scheme or charter of 
 local municipal government for the territory now or hereafter 
 embraced within the limits of the city of Chicago. ... In 
 case the General Assembly shall create municipal courts in the 
 city of Chicago it may abolish the offices of justices of the 
 peace, police magistrates and constables in and for the terri- 
 tory within said city and may limit the jurisdiction of justices 
 of the peace in tlie territory of said county of Cook outside of 
 said city to that territory, and in such case the jurisdiction and 
 practice of said municipal courts shall be such as the General 
 Assembly shall prescribe; and the General Assembly may pass 
 all laws which it may deem requisite to effectually provide a 
 complete system of local municipal government in and for the 
 city of Chicago. No law based upon this amendment to the 
 constitution, affecting the municipal government of the city of 
 Chicago, shall take effect until such law shall be consented to 
 by a majority of the legal voters of said city voting on the 
 question, at any election, general, municipal or special." 
 
 It will be perceived that the language quoted is such as to 
 confer upon the General Assembly unlimited and uncontrol- 
 lable power not only with respect to special legislation pertain- 
 ing to the jurisdiction and practice of the municipal courts, 
 but also with respect to all other laws which it may pass per- 
 taining to the local municipal government of Chicago. While 
 it is no doubt a judicial question whether a given provision of 
 a legislative act properly pertains to the jurisdiction and prac- 
 tice of the municipal courts, or whether a given act falls within 
 the proper sphere of a municipal government act, that is the 
 limit of the power of the judicial department of the govem- 
 7nent, under the terms of this amendment, with respect to the 
 <luestion whether special legislation is permissible in matters 
 pertaining to the city of Chicago. 
 
 Whether the jurisdiction conferred on the municipal court 
 is more extensive than it should be, or whether the practice 
 prescribed is suitable, or, in the case of a local municipal gov- 
 ernment act not pertaining to the municipal courts, whether it 
 is one which is requisite to effectually provide a complete sys- 
 tem of local municipal government for Chicago, is i)urely a 
 legislative question with which the courts have nothing to do. 
 
 It is plain that the courts in pas.sing upon the validity
 
 48 PRACTICE IN THE MUNICIPAL COURT. 
 
 of statutory provisions pertaining to the jurisdiction and prac- 
 tice of the municipal court cannot take cognizance of other 
 provisions of the constitution which were in full force and 
 effect and supreme prior to the adoption of the amendment, 
 and which prohibit special legislation with respect to those 
 matters. This follows because the court has, in the case above 
 cited, declared that the amendment, being the latest declaration 
 of the people, abrogates all previous pro%asions on the same sub- 
 ject in conflict with it, and that, by its terms, "the uniformity 
 in jurisdiction and practice in courts of the same grade, pro- 
 vided for by section 29 of article 6, is abrogated as to the city of 
 Chicago." If, then, a provision of the municipal court act does 
 not conflict with any other constitutional provision than one 
 prohibiting special legislation, it must be sustained as valid. 
 
 "The power to hear and determine a cause is jurisdiction." 
 "The mode and order of procedure in obtaining compensation 
 for an injury by action or suit in the legally established courts, 
 from the inception of such suit until it ends in the final 
 determination of the court of last resort, is all comprehended in 
 the term 'practice.' " Fleischnuin v. Walker, 91 111., 318. 
 When, therefore, the constitutional amendment of 1904, to 
 which all other provisions of the constitution on the same sub- 
 ject must yield, declares that "the jurisdiction and practice of 
 said municipal courts shall be such as the General Assembly 
 shall prescribe," it declares that those courts shall have what- 
 ever power, whether limited or unlimited, with respect to the 
 determination of controversies between litigants the General 
 Assembly may see fit to invest in them, and that the General 
 Assembly, with respect to the causes of which it may give the 
 municipal courts jurisdiction, may prescribe any mode and 
 order of procedure, from the inception of such suits until they 
 end in final determinations in the court of last resort, that 
 the General Assembly shall deem proper. 
 
 No doubt learned and able lawyers will be found earnestly 
 contending that the exercise by the General Assembly of the 
 unlimited power thus conferred would be extremely dangerous 
 and might be productive of great injury to the rights of liti- 
 gants. Upon this they wnll found the argument that the people 
 when they adopted the constitutional amendment did not mean 
 what they have plainly said, and that therefore it is the duty
 
 CONSTITUTIONAL QUESTIONS. 49 
 
 of the courts to so limit the meaning and effect of the words 
 employed as to remove all possibility of the evils which it is 
 suggested might otherwise arise. That the courts will yield to 
 arguments of this character made by those who seek to destroy 
 the effect of the constitutional amendment is scarcely to be 
 anticipated. Rather, it is to be assumed that the courts will 
 declare that the people in adopting the constitutional amend- 
 ment intended it should mean precisely what its words naturally 
 import, and that it should be for the General Assembly, with 
 the consent of the legal voters of the city of Chicago, to deter- 
 mine absolutely and finally, and without interference from the 
 judicial department of the government, the powers which the 
 municipal courts created in and for the city of Chicago should 
 exercise in the determination of causeSj and the mode and order 
 of procedure which should be adopted by those courts in the 
 exercise of the jurisdiction thus conferred.
 
 CHAPTER IV. 
 
 CONSTITUTIONALITY OP JURISDICTIONAL PRO- 
 VISIONS. 
 
 The jurisdictional provisions, the validity of which are chal- 
 lenged are first, those authorizing the municipal court, in a case 
 of the first class, to issue a summons for a defendant residing 
 outside of the city of Chicago and to entertain jurisdiction in 
 other cases, in which the defendants, or some of them, do not 
 reside and are not found within the city of Chicago. Second, 
 those authorizing a transfer of causes to the municipal court 
 from the circuit and superior courts of Cook county, and third, 
 those pertaining to the jurisdiction in criminal cases. 
 
 First. The provisicnis authorizing the municipal court in a 
 case of the first class to issue a summons for a defendant resid- 
 ing outside of the city of Chicago. 
 
 By paragraph sixth of section 28 of the act provision is made 
 that in cases of the first class, where there are several defend- 
 ants and one of them resides or is found in the city of Chica- 
 go, a summons may be issued to the sheriff of Cook county for 
 any defendant residing in said county, but outside the city of 
 Chicago, or to the sheriff of any other county for any defendant 
 residing in such county. This provision, together with para- 
 graph second of section 2 authorizing transfers of cases by 
 change of venue or otherwise, from the circuit, superior and 
 criminal courts of Cook county, permits the municipal court to 
 entertain jurisdiction in eases in which the defendants, or 
 some of them, do not reside, and are not found, within the terri- 
 torial limits of the city in which the court is organized. The 
 question has been raised whether these provisions are constitu- 
 tional. 
 
 The word "municipal" is defined in the Century Dictionary 
 as "of or pertaining to the local self-government or corporate 
 <':overnment of a city or town," and in the same work the term 
 "municipal court" is defined as "a court whose territorial 
 
 50
 
 JURISDICTIONAL PROVISIONS. 51 
 
 limits of jurisdiction are conterminous with those of a muni- 
 cipal corporation, and having civil or criminal jurisdiction, or 
 both." It may, then, be urged, with some force, that the term 
 "municipal courts," as used in the constitutional amendment, 
 means courts whose territorial limits of jurisdiction are the 
 territorial limits of the city, and that, therefore, the legislature 
 cannot confer upon them jurisdiction over persons or prop- 
 erty beyond the city limits, though the definition above men- 
 tioned may have been adopted because the jurisdiction of mu- 
 nicipal courts usually has been, and not because it was essential 
 it should be, limited to the territories of the cities in and for 
 which they were created. 
 
 By section 1 of Article V of the constitution of 1848 it was 
 declared as follows: "The judicial power of this state shall be 
 and is hereby vested in one supreme court, in circuit courts, in 
 county courts, and in justices of the peace: Provided, that 
 inferior local courts, of civil and criminal jurisdiction, may be 
 established by the General Assembly in the cities of this state, 
 but such courts shall have a uniform organization and juris- 
 diction in such cities." 
 
 This provision has been uniformly construed by the supreme 
 court as prohibiting the General Assembly from conferring 
 upon city courts power to obtain jurisdiction of a defendant by 
 service of its process of summons upon him beyond the limits 
 of the city. People v. Evans, 18 111., 362 ; Covil v. Phy, 26 111., 
 432; Holmes v. Fihleiiherg, 54 111., 203; Dixon v. Dixon, 61 
 111., 325; People v. Auditor, 67 111., 333; Joslyn v. Dickerson, 71 
 111., 25. There are, however, other rulings of the court which 
 are important to be considered in this connection. 
 
 In People v. Barr, 22 111., 241, the court held that in a case 
 where a city court had jurisdiction to render a judgment it 
 might issue its writ of execution to enforce it to a foreign 
 county. The court said: "Designed, as these courts are, to 
 settle and dispose of the litigation arising in the cities, they 
 would fall far short of the object, if a successful suitor in that 
 court must stop on the recovery of his judgment. We hold 
 the court having proceeded to judgment in a case properly 
 arising within its jurisdiction, can never be deprived of that 
 jurisdiction. When jurisdiction has once attached, it continues 
 n*»cessarily, and all the powers requisite to give it full and
 
 52 PRACTICE IN THE JVIUNICIP.VL COURT. 
 
 complete effect can be exercised, until the end of the law shall 
 be attained." 
 
 This reasoning- would seem to require it to be held that when 
 a city court has acquired jurisdiction over one of several de- 
 fendants, it may be permitted to issue its process of summons 
 to be served beyond the city limits upon the other defendants. 
 
 In Lowry v. Coster, 91 111., 182, the court held that a cause 
 might be transferred by change of venue from a circuit court 
 to a city court in another county. In East St. Louis C. R. Co. 
 V. Enright, 152 111., 246, it was held that a cause might be 
 transferred by change of venue from a city court in one city to 
 a city court in another city. In Held v. Morton, 119 111., 118, 
 it was held that a city court might be given jurisdiction to 
 authorize a guardian's sale of land situated without the city. In 
 Miller V. People, 183 111., 423, the court held that a city court 
 could lawfully summon grand jurors from any part of the 
 county in which the court was situated. It was there argued 
 that as a city court could not be authorized to issue a summons 
 to be served upon the defendant beyond the limits of the city, 
 the same principle must apply to the summoning of grand 
 jurors. But the court said: "But it is said the city court can- 
 not send its process beyond the city limits to be served on a 
 juror. Why not? It may send a subpoena beyond the limits 
 of the city to be served on a witness to compel him to appear 
 and testify. If this may be done, why not send for a juror and 
 require his attendance. The sheriif who attends upon the ses- 
 sions of the court is authorized to serve proper papers in any 
 part of the county, and where a paper requiring the attendance 
 of a juror is given him, we see no reason why he may not serve 
 it beyond the limits of the city." 
 
 The city court act, adopted in 1874, permitted judges of the 
 city courts and judges of the circuit court to interchange with 
 and hold court for each other, and this provision has been acted 
 upon for so many yeai's that its validity cannot be doubted. By 
 virtue of it a judge of a city court of any city in the state may 
 hold a branch of the circuit court of Cook county and there 
 preside at the trial of any case of which that court has obtained 
 jurisdiction, whether the process of summons has been served 
 upon the defendant within or beyond the limits of Cook county. 
 
 By section 1 of Article YT of the constitution of 1870 it is
 
 JURISDICTIONAL PROVISIONS. 53 
 
 declared as follows: "The judicial powers, except as in this 
 article is otherwise provided, shall be vested in one supreme^ 
 court, circuit courts, county courts, justices of the peace, and 
 in such courts as may be created by law in and for cities and 
 incorporated towns." There is probably no legal difference, so 
 far as the question of limitation upon territorial jurisdiction is 
 concerned, between the phrase ** inferior local courts . . . 
 in the cities of this state," and the phrase "such courts as may 
 be created by law in and for cities." Miller v. People, 183 111., 
 423, supra. Hence the court may be expected to hold that city 
 courts, created by general law, cannot be given power to acquire 
 jurisdiction by the service of summons beyond the limits of 
 their respective cities. 
 
 But as we have already seen, the constitutional amendment 
 of 1904 declares that "in case the General Assembly shall cre- 
 ate municipal courts in the city of Chicago it may abolish the 
 offices of justices of the peace, police magistrates and constables 
 in and for the territory within said city, and may limit the 
 jurisdiction of justices of the peace in the territory of said 
 county of Cook outside of said city to that territory, and in 
 such case the jurisdiction and practice of said municipal courts 
 shall be such as the General Assembly shall prescribe." The 
 question arises whether this last clause does not confer upon 
 the General Assembly full power over the question of juris- 
 diction and permit it to confer power upon the municipal 
 courts to send their processes of summons and cause them to 
 be served beyond the city limits. Arguments might be pre- 
 sented on both sides of this question. 
 
 In Landers v. Statcn Island R. B. Co., 53 N. Y., 450, the ques- 
 tion arose whether under the constitution of New York the City 
 Court of Brooklyn could be given jurisdiction to send its pro- 
 cess beyond the limits of the city. The constitution originally 
 provided for the establishment of "inferior local courts of civil 
 and criminal jurisdiction." Under this provision the City 
 Court of Brooklyn had been established and its jurisdiction 
 limited to persons residing or found within the city. By an 
 amendment to the constitution the court was continued in 
 existence with the powers and jurisdiction it then had "and 
 such further civil and criminal jurisdiction as may be conferred 
 by law." The legislature subsequently passed an act author-
 
 54 PRACTICE IN THE MUNICIPAi, COURT. 
 
 iziug the court to send its process into any county of the state. 
 This act the court, Peckham, J., dissenting, held to be unconsti- 
 tutional. The majority of the court construed "such further 
 civil and criminal jurisdiction as may be conferred by law" 
 to mean such further local jurisdiction, and the argument of 
 the opinion is based, to a large extent, upon the inconvenience 
 which might result from a construction which would permit 
 "hauling men and women from distant parts of the state, who 
 had never been within the limits of the city, within its powei-, 
 and subjecting them to its jurisdiction." In effect the argu- 
 ment was that the possibility the legislature might abuse the 
 power alleged to have been conferred was conclusive that the 
 people did not intend to confer it. The dissenting opinion of 
 i\Ir. Justice Peckham is worthy of careful consideration and is 
 entitled to great weight. 
 
 It is difficult to give any good reason why. the phrase "in 
 such case the jurisdiction and practice of said municipal courts 
 shall be such as the General Assembly shall prescribe," should 
 not be taken to mean precisely what it says and to authorize 
 the conferring upon the municipal courts of jurisdiction to 
 send their processes of summons to be served beyond the limits 
 of the city. Unless this be its meaning, it is clearly surplusage 
 ns conferring a power w^hich would have existed without it. 
 
 Comparison of the decision of the courts of other states with 
 those of this state is quite interesting. Thus, in Jones v. Ke7it 
 Circuit Judge, 35 Mich., 494, and in Heath v. Kent Circuit 
 Judge, 37 Mich., 372, the court held that changes of venue, 
 without regard to the residence of the parties, could not be 
 allowed from a municipal court to a circuit court, and in 
 Grand R. & N. & L. R. R. Co. v. Gray, 38 Mich.. 461, it was 
 held that municipal courts are limited in their jurisdiction by 
 the residence of the partias and cannot obtain jurisdiction of an 
 action against a non-resident of the city though he is served 
 with process of summons wuthin the city. These cases are di- 
 rectly contrary to the rulings of the supreme court of Illinois. 
 More striking than this is the history of the rulings of the 
 supreme courts of California and Wisconsin. 
 
 Section 1 of Article VI of the constitution of 1849 of Cali- 
 fornia, provided as follow^s: "The judicial power of this state
 
 JURISDICTIONAL PROVISIONS. 55 
 
 shall be vested in a supreme court, in district courts, in county 
 courts and in justices of the peace. The legislature may also 
 establish municipal and other inferior courts as may be deemed 
 necessary. ' ' 
 
 In Meyer v. Kalhmann, 6 Cal., 582, the act establishing the 
 superior court of the city of San Francisco was held invalid, 
 so far as it provided that the court might send its writs, pro- 
 cesses and orders out of the city of San Francisco in the actions 
 and proceedings of which it had jurisdiction by the act. The 
 court said: "The legislature in creating the superior court of 
 the city of San Francisco acted under power given it in the 
 constitution 'to establish such municipal and other inferior 
 courts as may be deemed necessary.' From the expression of 
 this clause^ taken together with the constitutional distribution 
 of judicial power, the courts to be created could only be of 
 inferior, limited and special jurisdiction. The jurisdiction of 
 a municipal court must necessarily be confined to the municipal 
 territory for which it was especially created, and the legislature 
 has no power to extend its jurisdiction so as to let its processes 
 run beyond its territory. ' ' 
 
 In Hickman v. O'Neal, 10 Cal., 294, in construing the same 
 constitutional provision, the court held the legislature might 
 authorize the municipal court to issue and send its final process 
 for execution beyond the territorial limits of the city. 
 
 In Chipman v. Boivman, 14 Cal., 157, the same act again came 
 in question upon a bill in equity to set aside a judgment re- 
 covered in the superior court of the city of San Francisco in 
 a suit in which the summons had been served upon the defend- 
 ant in Alameda county, of which he was a resident. The 
 district court held the judgment void upon the authority of 
 Meyer v. Kalhmann, supra, but Chief Justice Field, in deliver- 
 ing tbe opinion of the court, said: "It is true as stated in 
 Meyer v. Kalkmann that the superior court was a municipal 
 court and possessed only an inferior and limited jurisdiction^ 
 but the conclusion is not warranted that the legislature could 
 not authorize its process to run beyond the territorial limits 
 for which the court was especially created. Its character as a 
 municipal and inferior court depended upon the subjects of 
 its jurisdictipo. and its relation to other tribunals, and not upon 
 the form of its process or the counties to which it might be
 
 56 PRACTICE IN THE MUNICIPAL COURT. 
 
 issued. In Hickman v. O'Neal, 10 Cal., 294, the question de- 
 termined i-elated to the authority of the court to issue its final 
 process beyond the city; but the statute makes no distinction 
 between the two kinds of processes, and we are unable to per- 
 ceive any constitutional inhibition to the granting of the au- 
 thority in the one case which does not exist equally in the 
 other." Accordingly the court overruled Meyer v. Kalkmann, 
 supra, and held the act in question valid. 
 
 Section 2 of Article VII of the constitution of Wisconsin, 
 provides as follows: "The legislature may also vest such juris- 
 diction as shall be deemed necessaiy in municipal courts, and 
 shall have power to establish inferior courts in the several coun- 
 ties with limited civil and criminal jurisdiction, provided that 
 the jurisdiction which may be vested in municipal courts shall 
 not exceed m their respective municipalities that of circuit 
 courts in their respective circuits as prescribed by this con- 
 stitution, and that the legislature shall provide as well for the 
 election of judges of the municipal courts as of the judges 
 of the inferior courts, by the qualified electors of the respective 
 jurisdictions. " 
 
 In State v. McArthur, 13 Wis., 428, the court in passing upon 
 the legality of a transfer of an indictment from the municipal 
 court of Milwaukee to the circuit court of Milwaukee county, 
 among other things said: "Without determining the question 
 whether or not it would be possible for the legislature to es- 
 tablish a municipal court without locating it in a city or in- 
 corporated village, we are of the opinion that if such court be 
 so located there is nothing in the language of the constitution 
 prohibiting the legislature from vesting in such court jurisdic- 
 tion over territory adjacent to the city or village where it may 
 be. The clause does not profess to prescribe any territorial 
 limits to the jurisdiction of such courts. The only ground for 
 implying any prohibition is the use of the words 'municipal' 
 and 'municipality.' But conceding that the framers of the con- 
 stitution contemplated the fact that municipal courts wer(» to 
 be located in cities, the use of these words is explained by the 
 intention merely to describe the kind of court which they 
 wished to authorize, and there is nothing in them which satis- 
 fies us that it was the intention to prohibit the legislature from
 
 JURISDICTIONAL PROVISIONS. 57 
 
 vesting in them any territorial jurisdiction beyond the limits 
 of the cities where they might be." 
 
 In Lane v. Burdick, 17 Wis., 92, involving the validity of a 
 judgment of the municipal court of the city and town of Rip- 
 on, a case in which neither the plaintiff nor the defendant was 
 at the commencement of the action or ever had been a resident 
 of that town, the court said : ' ' The fact that the jurisdiction 
 of the municipal court must be exercised within the city and 
 town does not affect the question. So must that of the circuit 
 court within the county by the general law. The effect of the 
 statute regulating the commencement of civil actions is to give 
 the circuit court of each county a kind of incipient jurisdiction 
 throughout the state and with the assent of the parties, the 
 power to hear and determine all such actions without regard to 
 the nature of the controversy or the residence of the litigant. 
 The same jurisdiction and power are extended to the munici- 
 pal court by the act under consideration. The defendant, hav- 
 ing failed, at the time and in the manner prescribed by law, to 
 demand that the place of trial be changed, assented to the juris- 
 diction, and the objection by answer came too late and was 
 properly disregarded by the court. The objection that the ju- 
 risdiction exceeds that of the circuit court is not true. It may 
 be equal, but does not exceed. And if giving the court an in- 
 cipient jurisdiction over causes, things or persons residing with- 
 out the municipality be supposed to conflict with the constitu- 
 tion the objection is answered in State ex rel. Stark v. Mc- 
 Carthy, 13 Wis., 383." 
 
 In Brockway v. Carter, 25 Wis., 510, the previous decisions 
 of the court were approved and it was held that the municipal 
 court of the city and town of Ripon had jurisdiction of actions 
 to foreclose mortgages of land situate elsewhere in Fond du Lac 
 county. 
 
 But in Atkins v. Fraker, 32 Wis., 510, the court expressly 
 overruled its previous decisions, and held that the jurisdiction 
 of a municipal court could not be extended beyond the limits 
 of the municipality. In speaking of the provisions of a muni- 
 cipal court act by which it was attempted to give a police 
 justice ^iirisdiction throughout the county, the court said: 
 "The provision is invalid so far as it attempts to confer upon 
 a police justice jurisdiction coextensive with that of justices of
 
 58 PRACTICE IN TIIE MUNICIPAL COURT. 
 
 thi' peace throughout the county or elsewhere outside the terri- 
 torial limits of the village of Omro. As a judge or justice of 
 a municipal court his jurisdiction cannot extend beyond the 
 l)oundaries of the village within and for which he is elected. 
 This conclusion seems very plain from the language of sec. 2, 
 Art. VII of the constitution, above quoted. The phraseology is 
 very aptly chosen to indicate such intent on the part of the 
 framers. The words in italics (i. e., 'in their respective munici- 
 palities' and *by the qualified electors of the respective jurisdic- 
 tions') point to a jurisdiction within the municipality and as 
 so localized and limited as not to be extended beyond its bound- 
 aries. In actions local in their nature, therefore, such as actions 
 for the recovery of the possession of land or affecting it^ 
 title, or action for injuries to real property, the subject of the 
 action must be Mathin the municipality. In all actions the pro- 
 cesses of the court must be served within the same territorial 
 limits and cannot be served beyond. In all transitory actions 
 the voluntary appearance of the defendant, whether he resides 
 within or without the municipality, will give jurisdiction over 
 his person, the same as in any other court." 
 
 It would, therefore, seem that consistently with the provisions 
 of the constitution the municipal court may be given jurisdic- 
 tion of all cases by change of venue, and that, when, in any case 
 where there are several defendants, the court has acquired 
 jurisdiction over one defendant by service of process of sum- 
 mons within the city limits, it may complete its jurisdiction by 
 service of process upon the remaining defendant or defendants 
 beyond the city limits. If, however, it be held otherwise, the act 
 will still be valid to the extent of the jurisdiction within the 
 city limits. Held v. Morton, 119 111., 118, 127. 
 
 Second. Those authorizing a transfer of causes from the cir- 
 cuit and superior courts of Cook county. 
 
 By paragraph second of section 2 the municipal court is given 
 jurisdiction of all suits of every kind and nature which may be 
 transferred to it by change of venue or otherwise by the circuit 
 or superior court of Cook county and by section 24, it is provided 
 that "the circuit court of Cook county or the superior court of 
 Cook county may, upon the application of either party for a 
 change of venue, and shall upon the request of both parties to 
 any suit at law or in equity pending therein, transfer said suit
 
 JURISDICTIONAL PROVISIONS. 59 
 
 to the municipal court for trial and disposition." Not only are 
 these provisions objected to as invalid because their effect may 
 be to permit the municipal court to entertain jurisdiction in cases 
 in which the defendants, or some of them, do not reside and are 
 not found within the territorial limits of the city of Chicago, 
 but it is also claimed that the provision authorizing the transfer 
 of cases from the circuit and superior courts to the municipal 
 court is unconstitutional as being special legislation in refer- 
 ence to the last mentioned courts, it being contended that its 
 effect is to confer upon the latter court powers respecting the 
 transfer of cases, by change of venue or otherwise, not con- 
 ferred upon other courts of the same class or grade. 
 
 One answer to this is that within the term "practice of the 
 municipal court," according to the ruling of the court in 
 Fleischman v. Walker, 91 111., 318, supra, is included the mode 
 by which the court acquires jurisdiction of any cause. Jurisdic- 
 tion, as has already been pointed out, is the power to hear and 
 determine the cause. The jurisdiction of the municipal court is 
 to be such as the general assembly shall see fit to prescribe. 
 The general assembly has seen fit to prescribe that among the 
 cases of which the municipal court shall have jurisdiction is any 
 case pending in the circuit or superior court of Cook county 
 which may be transferred to the municipal court by change of 
 venue or otherwise. Having power to confer this jurisdiction, 
 the general assembly must likewise have the power to make 
 the jurisdiction effectual. For that purpose it may adopt any 
 means whatsoever which may seem to it suitable to accomplish 
 the purpose intended. Hence it must have ample power to re- 
 quire the circuit or superior court of Cook county to make the 
 transfer of the suit of which jurisdiction is thus given to the 
 municipal court, whenever there is an application for a change 
 of venue, or when both parties to the suit shall request the trans- 
 fer. Such a provision is by no means the regulation of the 
 practice of the circuit and superior courts. It is a provision 
 essentially connected with the jurisdiction of the municipal 
 court and one necessary to enable that jurisdiction to be exer- 
 cised. 
 
 Third. Those pertaining to the jurisdiction in criminal 
 cases. 
 
 Paragraph second of section 2 eonfei-s upon th(? manici-
 
 60 PRACTICE IN TUE MUNICIPAL. COURT. 
 
 pal court jurisdiction of any criminal case which may be trans- 
 ferred to it by change of venue or otherwise by the criminal 
 court of Cook county for trial and disposition, and by section 
 24 it is declared that "the criminal court of Cook county may, 
 in its discretion, upon the request of the state's attorney or of 
 any defendant, transfer to the municipal court for trial and 
 disposition any case therein pending and shall have power to 
 make all orders which it may deem necessary to accomplish such 
 transfer and secure the attendance of the parties and witnesses 
 upon said municipal court until the final disposition of the case, 
 and said municipal court, when any criminal case shall have 
 been so transferred to it, shall exercise all the powers with 
 respect to the trial and disposition of said case which the said 
 criminal court of Cook county might have exercised had said 
 case not been so transferred." 
 
 The criticism that this is special legislation regulating the 
 practice of the criminal court of Cook county in the transfer of 
 cases is answered by what is above said with respect to the 
 transfer of cases from the circuit and superior courts. The gen- 
 eral assembly having power to confer the jurisdiction has, as 
 incident to that power, the further power to make all provisions 
 necessary to render that jurisdiction effectual. 
 
 But still another objection is made. Section 26 of Article VI 
 of the constitution of 1870 declares that all recognizances and 
 appeals taken in Cook county in criminal and quasi-criminal 
 cases shall be returnable and taken to the criminal court of said 
 county. It is suggested that this would prevent the munici- 
 pal court in any criminal case pending before it from taking 
 any recognizance other than one for the appearance of the de- 
 fendant before the criminal court, and would require the allow- 
 ance of appeals to the criminal court from the municipal court 
 in all criminal cases. But this suggestion is without merit. The 
 jurisdiction of the criminal court is not exclusive, but is only 
 concurrent with that of the circuit court in criminal and quasi- 
 criminal eases. Berkowitz v. Lester, 121 111., 99. Hence, even 
 prior to the adoption of the amendment of 1904, it would have 
 been competent for the general assembly to provide for the ex- 
 ercise in Cook county of criminal jurisdiction by other courts 
 than the criminal court. But, as we have already seen, the con- 
 stitutional amendment of 1904 is paramount to all other pro-
 
 JURISDICTIONAL PROVISIONS. 61 
 
 visions on the same subject contained in the constitution prior to 
 the adoption of the amendment. The amendment vests in the 
 general assembly povrer to confer jurisdiction upon the muni- 
 cipal court without limit, and hence no limitation contained in 
 section 26 of Article VI can be given any force or effect. 
 
 Again, the constitutional amendment of 1904 declares that 
 the general assembly may pass any law "which it may deem re- 
 quisite to effectually provide a complete system of local munici- 
 pal government in and for the city of Chicago." It is well 
 known that the city of Chicago constitutes, both in population 
 and wealth, over ninety per cent, of Cook county. Its inhabi- 
 tants pay over ninety per cent, of the expense of conducting 
 the business of the circuit, superior and criminal courts of Cook 
 county. The administration of justice in those courts, and espe- 
 cially in the criminal court, vitally affects all of the people of 
 the city. The prompt punishment and suppression of crime is 
 essential to the welfare of all the law-abiding inhabitants of 
 the city. It would have been competent for the general assem- 
 bly to have provided for a grand jury in the municipal court 
 and the vesting in the municipal court of original jurisdiction 
 of all criminal cases arising within the city of Chicago. To 
 have done this, however, would have imposed upon the people 
 of the city the needless expense occasioned by having two grand 
 juries instead of one. The general assembly deemed it requisite 
 to " a complete system of local municipal government in and for 
 the city of Chicago" that the municipal court of Chicago should 
 assist in the disposition of the criminal business which other- 
 wise would have to be disposed of unaided by the criminal 
 court of Cook county, but it did not deem it requisite that this 
 should be accomplished by a provision for a grand jury in the 
 municipal court. Under the constitutional amendment it was 
 for the general assembly to say not only of what criminal cases 
 the municipal court should have jurisdiction, but the manner in 
 which those cases should originate and the method by which the, 
 municipal court should acquire jurisdiction. 
 
 It is also objected that it is inadmissible for the general as- 
 sembly to pass a law, the effect of which may be to divest the 
 criminal court of jurisdiction of any cause of which it is given 
 jurisdiction by the constitution. But the power of the general 
 assembly to provide for the transfer of criminal cases from
 
 62 PRACTICE IN THE MUNICIPAL COURT. 
 
 the circuit court has been recognized for over thirty years. Par- 
 agraph 185 of Chapter 37 of the Revised Statutes of 1874, the 
 provisions of which have been in force ever since with slight 
 modifications, provided for the transfer of indictments from the 
 circuit court to the county court. The validity of this provis- 
 ion has been recognized by the supreme court. Barr v. People, 
 103, 111., 110.
 
 CHAPTER V. 
 CONSTITUTIONALITY OF PRACTICE PROVISIONS. 
 
 The practice provisions, the validity of which is challenged, 
 are: First, those in section 20 pertaining to the adoption of 
 rules; second, those in sections 19, 22, 23 and 31 limiting the 
 power of the supreme court and the appellate courts to review 
 the decisions of the municipal court upon questions of practice ; 
 third, those in section 20 requiring the supreme court and the 
 appellate courts to take judicial notice of the rules of practice 
 in force from time to time in the municipal court; fourth, 
 those in section 23 limiting to thirty days the time within which 
 writs of error may be sued out to review the judgments of 
 the municipal court in cases of the fourth and fifth classes; 
 fifth, those in sections 25, 26 and 31 relating to the empanelling 
 of jurors in the municipal court ; sixth, those in sections 30 and 
 56 affecting the right of trial bj^ jury, and, seventh, those in sec- 
 tion 39 regulating applications for changes of venue. 
 
 First. The provisions in section 20 conferring power up&n 
 the judges of the municipal court and the supreme court to make 
 rules. 
 
 The substitution of municipal courts, which were to be courts 
 of record, for justices of the peace, was a radical change in the 
 existing order of things. The adoption, therefore, by the gen- 
 eral assembly of a complete and inflexible code of practice might 
 have resulted in great inconvenience and mischief because of the 
 inability of the general assembly to foresee precisely what rules 
 would operate most beneficially. Accordingly it was determined 
 that, at the outset, the new courts should adopt as guides the 
 rules of practice prevailing in the circuit court, excepting in a 
 few specified particular, and that extensive powers should be 
 given to the judges to change those rules and adopt new 
 rules, from time to time, as that course might seem necessary 
 or expedient. Provision was made, however, that, during the 
 time which might elapse before new rules should be adopted, 
 
 63
 
 64 PRACTICE IN THE MUNICIPAL COURT. 
 
 the conformity to the new rules of practice in the circuit court 
 should only be "as near as may be." 
 
 The meaning- of this phrase lia.s been judicially determined. 
 By section 914 of the Revised Statutes of the United States the 
 practice of the circuit and district courts in all civil cases, 
 other than equity and admiralty cases, is required to conform 
 "as near as may be" to the practice in like cases in the courts 
 of the states in which such circuit and district courts are held. 
 In Niidd V. Burrows, 91 U. S., 441, Indianapolis, &c., E. R. Co. 
 V. Horst, 93 U. S., 291, and Mexican Central Railway v. Pinkney, 
 149 U. S., 194, 207, the supreme court of the United States ex- 
 pressed its opinion of the meaning of the phrase referred to in 
 the follov^ing language: "The conformity is required to be 'as 
 near as may be' — not as near as possible, or as near as may be 
 practicable. The indefiniteness may have been suggested by a 
 purpose: it devolved upon the judges to be affected the duty 
 of construing and deciding, and gave them power to reject, as 
 Congress doubtless expected they would do, any subordinate pro- 
 vision in such state statutes which, in their judgment, would 
 unwisely encumber the administration of the law, or tend to 
 defeat the ends of justice in their tribunals." 
 
 That the General Assembly intended this was the construction 
 to be given to the phrase "as near as may be" is evidenced by 
 the provision of section 19 that "said municipal court shall 
 be the sole judge of the applicability to the proceedings of said 
 court of the rules of practice prescribed by law for similar cases 
 in the circuit courts ' ' and the further provision that its decisions 
 in respect thereto shall only be reviewed upon appeal or writ of 
 error when such review is necessary to prevent a failure of jus- 
 tice. These provisions, together with that in section 8 providing 
 that the judges "shall have power and it shall be their duty to 
 adopt or cause to be adopted all such rules and regulations for 
 the proper administration of justice in said court as to them 
 may seem expedient," those in section 20 giving the judges of 
 the municipal court and the supreme court the power to adopt 
 rules of practice, and those in sections 22, 23 and 31 limiting the 
 power of the supreme court and the appellate court to review 
 the decisions of the municipal court as to matters of practice, 
 are all confirmatory of the conclusion that it was the legislative 
 intention that the judges of the municipal court should have a
 
 PRACTICE PROVISIONS. 65 
 
 wide discretion as to how far they should be bound to follow 
 and be governed by the rules of practice prescribed by law for 
 similar cases in the circuit courts. 
 
 In determining the construction to be given to section 20 it is 
 important that we have before us the history of the provisions 
 therein contained. The original bill, entitled "A bill for an Act 
 in relation to municipal courts in the city of Chicago," intro- 
 duced into the Senate as Senate Bill No. 45, and into the House 
 as House Bill No. 98, was referred to the House Committee on 
 Chicago Charter, which, after a careful consideration of its 
 provisions, framed and reported it with certain additions and 
 changes to the House as House Bill No. 422, entitled "A Bill 
 for an Act in relation to municipal courts in the City of Chi- 
 cago," and it was subsequently passed by the House with only 
 two modifications so far as sections 18 and 19, corresponding 
 with sections 19 and 20 of the act as finally passed, are con- 
 cerned. One modification was the addition of a proviso in refer- 
 ence to the granting of relief by the supreme court or appellate 
 court as to a question of practice for the purpose of preventing 
 a failure of justice; The other was the requirement that the 
 supreme court and the appellate courts should take judicial 
 notice of the rules of practice in force, from time to time, in the 
 municipal courts designated in that bill as the common pleas 
 court and the city courts. In the Senate, House Bill No. 422 
 was amended and passed as amended under the title of "A Bill 
 for an Act in relation to a municipal court in the City of Chi- 
 cago." By the amendments sections 18 and 19 of the original 
 bill were made sections 19 and 20 and both were substantially 
 modified. The conference committee of the Senate and House 
 further modified section 20 as passed by the Senate and the two 
 houses approved their action, and the act as thus modified be- 
 came a law by the approval by both houses of the report of the 
 conference committee and the signature of the governor. 
 
 Section 20 of House Bill No. 422 as passed by the Senate, cor- 
 responding with section 19 of the original bill, so changed the 
 latter as to provide that no rules adopted by the judges of the 
 municipal court inconsistent with those expressly provided 
 for by the act should become effective until after their approval 
 by the supreme court and provided for the method by which the 
 application for such approval should be made.
 
 66 PRACTICE IN THE MUNICIPAL COURT. 
 
 When sections 19 and 20 came before the conference com- 
 mittee vigorous opposition was made to the proposition that the 
 judges of the municipal court should have the power to set aside 
 or modify rules of practice expressly prescribed by the Greneral 
 Assembly. The opposition thus made resulted in an amendment 
 of section 20 as adopted by the House and amended by the 
 Senate so that the proviso, "Provided, however, that no rule or 
 rules inconsistent with those expressly provided for hy this act 
 shall become effective and be in force until after the lapse of 
 thirty days from the approval thereof by the supreme court," 
 was made to read, "provided, however, that no such rule or 
 rules so adopted shall be inconsistent with those expressly pro- 
 vided for by this act, nor shall they become effective and be in 
 force until after the lapse of thirty days from the approval 
 thereof by the supreme court." 
 
 The effect of this change in the phraseology of the section is to 
 create some ambiguity and uncertainty as to the construction to 
 be given to section 20. It renders it necessary^ to enquire what 
 rules are included within the expression "those expressly pro- 
 vided for by this act"? Are the rules thereby forbidden to be 
 amended those only which are embodied in the succeeding sec- 
 tions 21 to 51, or do they also include the rules of practice * ' now 
 prescribed by law for similar suits or proceedings in circuit, 
 courts, ' ' made applicable, ' ' as near as may be, ' ' by section 19 ? 
 The ambiguity and uncertainty thus created is, however, more 
 apparent than real. The language used by the legislature in 
 section 20 and in other sections which will be referred to is 
 inconsistent with any other theory than that it was the intention 
 to confer upon the judges of the municipal court the powder to 
 adopt, with the approval of the supreme court, any rules of 
 practice not inconsistent with those prescribed in sections 21 to 
 51, inclusive, although they might be inconsistent with those pre- 
 scribed by law for similar suits or proceedings in the circuit 
 court. 
 
 Effect must be given the language in section 19, "until other- 
 wise determined in the manner hereinafter provided and except 
 as by this act is otherwise prescribed." This language clearly 
 expresses the intention that the rules of practice prevailing in 
 the circuit courts shall only be applied temporarily in the muni- 
 cipal court "until otherwise determined in the manner herein-
 
 PRACTICE PROVISIONS. 67 
 
 after provided." There is no manner "hereinafter provided" 
 for changing* the rules of practice prevailing in the circuit 
 courts, unless it be that contained in section 20. 
 
 Section 20 declares that ''the supreme court may, in its 
 
 discretion, of its own motion or otherwise, make any order re- 
 specting the rules of said municipal court which it may deem 
 proper." Regardless, therefore, of what the judges of the muni- 
 cipal court may have power to do, here is a complete grant of 
 power to the supreme court to "make any order respecting the 
 rules of said municipal court which it may deem proper." This 
 provision is broad enough to confer upon the supreme court 
 power, not only to prescribe new rules of practice for the mu- 
 nicipal court in lieu of those prevailing in similar cases in the 
 circuit courts, but also to modify those expressly prescribed in 
 subsequent sections 21 to 51, inclusive. 
 
 It is provided in section 22 that "the practice in case of 
 appeals from or writs of error to said municipal court in said 
 cases shall, except as in this act or by rules of said court adopt- 
 ed in pursuance hereof, may be otherwise provided, be the same, 
 as near as may bCj as the practice in cases of appeals from (or) 
 writs of error to circuit courts in similar cases." Here is a 
 plain indication of authority given by this act for the adoption 
 of rules modifying the practice prevailing in the circuit courts 
 in cases of appeals or writs of error. This is confirmatory of the 
 theory that the legislative intent was that the supreme court 
 should have absolute power to make any and all rules which it 
 might deem proper to make regulating the practice in the muni- 
 cipal court. 
 
 In section 28 prescribing the practice in cases of the first 
 class the expression "until otherwise provided by the rules 
 of the municipal court and except as is herein otherwise pre- 
 scribed, " is a further indication of the legislative intent that 
 even the special provision in reference to cases of the first class 
 might be modified by means of rules of the municipal court, 
 adopted either by the judges of that court with the approval of 
 the supreme court or by the supreme court of its own motion. 
 
 In section 50, pertaining to the taking of bail in criminal 
 and quasi-criminal cases, we find the language "the exercise of 
 the power hereby conferred of letting to bail shall be subject 
 to regulation by such rules as may be adopted by a majority
 
 68 PRACTICE IN THE MUNICIPAL COURT. 
 
 of the Judges of the municipal court as herein provided." It 
 is also in that section prescribed that "the court may, by rule, 
 provide that any defendant arrested in any criminal case in 
 which the punishment is by fine only, or in any quasi-criminal 
 case, may, in lieu of giving bail for his appearance, deposit with 
 the clerk such sura of money as the court may deem sufficient 
 to secure his appearance at the time or times so fixed therefor." 
 This language is also indicative of the intention to vest in the 
 court power to make rules. 
 
 In section 51 the provision empowering any branch court, 
 when the method of procedure in any ca.se is not sufficiently 
 prescribed by the act, or "by any rule of court adopted in 
 pursuance hereof," to make such provision for disposing of the 
 case as the court may deem proper is indicative of a similar in- 
 tention. 
 
 In section 40, it is provided that "in eases of the fourth 
 class and in cases of the fifth class mentioned in section 2 of 
 this act, the municipal court may adopt such rules and regu- 
 lations as it may deem necessary to enable the parties, in ad- 
 vance of the trial, to ascertain the nature of the plaintiff's 
 claim or claims, or of the defendant's defense or defenses." 
 This also is a recognition of the power of the court to adopt 
 rules. 
 
 The rules provided for in section 20 are to be rules "in lieu 
 of or in addition to" those prescribed by the act. This language 
 precludes the idea that the rules adopted were not to be incon- 
 sistent with those prevailing in the circuit courts. 
 
 Finally, the fact that bj^ the terras of section 19 the municipal 
 court was to be the sole judge of the applicability to its pro- 
 ceedings of the rules prevailing in the circuit court, effectually 
 refutes the claim that the General Assembly was unwilling tq 
 permit the judges of the municipal court, with the concurrence 
 of the supreme court, to change those rules. 
 
 If these views are sound it follows that the judges of the 
 municipal court, with the approval of the supreme court, have 
 power to adopt new rules inconsistent with those prevailing in 
 the circuit court, pi*ovided the rules thus adopted are not in- 
 consistent with those expressed in sections 21 to 51, both in- 
 clusive, and that the supreme court has absolute power, of its 
 own motion, to modify or set aside any or all of the rules pre-
 
 PRACTICE PROVISIONS, 69 
 
 scribed by the act and cause to be adopted, in lieu thereof, such 
 rules as it may deem proper. 
 
 Upon the question whether the interests of the administration 
 of justice will be better subserved by committing to the supreme 
 court the power to make, or to supervise the making of, rules of 
 practice for the municipal court rather than leaving it to be at- 
 tended to by the General Assembly, there is but little need 
 of discussion. The supreme court, by virtue of its appellate 
 jurisdiction, exercises supervisory power over inferior courts 
 affirming their judgments and decrees when entered in accord- 
 ance with the rights of the parties as prescribed by law, and 
 reversing them when erroneous. In exercising its appellate ju- 
 risdiction, its sole function is to see that justice is done be- 
 tween the parties litigant, so far as the law will permit. Why, 
 then, in order to accomplish its purpose should not the supreme 
 court be permitted, in the first instance, to instruct inferior 
 courts how to proceed, rather than be required to confine itself 
 to compelling them to proceed according to methods prescribed 
 by the General Assembly and which, as experience may show, 
 may result in injustice? 
 
 The conferring of this power upon the supreme court, instead 
 of increasing the labors of that tribunal, would greatly dimin- 
 ish them. Rules framed by the supreme court with the aid of 
 the judges of the inferior court would be understood by the lat- 
 ter and properly applied in the trial of causes, and the greater 
 portion of the time which is now devoted not only by the su- 
 preme court, but by the inferior courts and the members of the 
 profession, to the investigation, argument and decision of ques- 
 tions of practice might be applied, with greater benefit to all 
 concerned, to the ascertainment of the substantive rights of the 
 parties litigant. 
 
 During the consideration of the Municipal Court Act by the 
 General Assembly the objection was made and strenuously in- 
 sisted upon that it was unconstitutional to confer upon the mu- 
 nicipal court or upon the judges thereof, or upon the supreme 
 court, the power of adopting rules of practice inconsistent with 
 those which might be prescribed in the act which the General 
 Assembly might see fit to pass. In support of this objection it 
 was asserted that the establishment of rules and regulations pre- 
 scribing the practice of the courts was a legislative function to
 
 70 PRACTICE IN THE MUNICIPAL COURT. 
 
 be performed only by the General Assembly and not to be con- 
 ferred or imposed upon the judicial department of the govern-, 
 ment. This position is clearly unsound. 
 
 It is elementary that the General Assembly has the inherent 
 power to pass any law which is not either expressly or impliedly 
 prohibited by the constitution of this state or by the constitution 
 of the United States and the laws made and treaties entered into 
 in pursuance thereof. In other words, the constitution of this 
 state is not a grant of power to the General Assembly, but is 
 a limitation on the power of that department. 
 
 By section 29 of Article VI of the constitution, it is provided, 
 that "the organization, jurisdiction, powers, proceedings and 
 practice of all courts of the same class or grade, so far as regu- 
 lated by law, and the force and effect of the process, judgments 
 and decrees of such courts, severally, shall be uniform." The 
 expression, "so far as regulated by law," is inconsistent with 
 the idea that the practice of the courts is to be entirely regulated 
 by law and indicates clearly that the extent to which matters of 
 practice shall be regulated by law and the extent to which they 
 shall be regulated by the courts, is one committed entirely to the 
 discretion of the General Assembly. Considered by itself alone, 
 the language of section 29 could not be construed to prohibit the 
 legislature from committing to the courts the regulation of the 
 entire practice therein in every suit from its commencement to 
 its conclusion. If the legislature saw fit to do nothing more than 
 create courts and define their jurisdiction, the courts thus created 
 would have the inherent power to prescribe all such rules and 
 regulations as they might deem necessary for the proper exercise 
 of the jurisdiction thus given them. Finlen v. Eeinze, 69 Pac, 
 (Mont.), 828. This is certainly true unless the power to pre- 
 scribe rules of practice is a purely legislative power which, be- 
 cause of the prohibition contained in Article III of the con- 
 stitution, can not be conferred upon the judicial department. 
 
 That the making of rules of practice is a judicial rather than 
 a legislative function is a conclusion which must inevitably be 
 drawn from a consideration of the history of English and 
 American law. The rules regulating the practice of the courts 
 are for the most part rules which have been made by the courts 
 themselves. The sole function of legislation so far as matters 
 of practice are concerned, has been to change court-made rules
 
 PRACTICE PROVISIONS. 71 
 
 by substituting in their place rules made by legislative bodies. 
 
 By the Temporary Process Act of September 9, 1789, 1 Stat., 
 93, enacted by Congress, if not otherwise provided, the forms of 
 writs and executions, (except their style), and modes of process 
 in the circuit and district courts in suits at common law, were 
 directed to be the same as in the supreme courts of the states re- 
 spectively. By the Permanent Process Act of May 8, 1792, 
 1 Stat., 275, it was enacted that the forms of writs, executions 
 and other processes, and the forms and modes of proceedings id 
 suits at common law, should be the same as directed by the Act 
 of 1789, subject to such alterations and additions as the said 
 courts should deem expedient, or to such regulations as the su- 
 preme court of the United States should think proper hy rule to 
 prescribe for any circuit or district court. Thus the practice in 
 United States courts under the old statutes in common law 
 cases, was made to conform to the state practice as it was in 
 1789, subject to alterations by rule of court. In 1828 a law was 
 passed adopting, for the federal courts in the new states admitted 
 since 1789, the forms of process, and forms and modes of pro- 
 ceeding, of the highest courts of those states respectively, as then 
 existing, subject to alterations by the courts themselves or the 
 supreme court of the United States. 4 Stat., 278. By the Act 
 of August 1, 1842, the provisions of the Act of 1828 were ex- 
 tended to states admitted in the intermediate time. Subse- 
 quently by the fifth section of the Act of June 1, 1872, Revised 
 Statutes, Sec. 914, it was declared that "the practice, pleadings 
 and forms and modes of proceeding in civil causes, other than 
 equity and admiralty causes, in the circuit and district courts 
 shall conform, as near as may be, to the practice, pleadings and 
 forms and modes of proceeding existing at the time in like 
 causes in the courts of record of the state within which such 
 circuit or district courts are held." Amy v. Watertoivn, 130 
 U. S., 301. 
 
 In section 913 of the Revised Statutes of the United States 
 it is provided that ''the forms of mesne process and the forms 
 and modes of proceeding in suits of equity and of admiralty 
 and maritime jurisdiction in the circuit and district courts shall 
 be according to the principles, rules and usages which belong 
 to courts of equity and of admiralty, respectively, except when 
 it is otherwise provided by statute or by the rules of court made
 
 iZ PRACTICE IN THE MUNICIPAL. COURT. 
 
 in pursuance thereof; but the same shall be subject to altera- 
 tion and addition by the said courts, respectively, and to the 
 regulation by the supreme court, by rules prescribed, from time 
 to time, to any circuit or district court, not inconsistent with the 
 laws of the United States. ' ' In pursuance of this section, which 
 has been in force ever since 1789, the supreme court of the 
 United States has, by the adoption of equity rules and of ad- 
 miralty rules, regulated the entire system of equity and ad- 
 miralty practice in the circuit and district courts of the United 
 States from the commencement of suits to their final determina- 
 tion. 
 
 By the Bankruptcy Act of 1898 it is provided that "all nec- 
 essary rules, forms and orders as to procedure and for carry- 
 ing this act into force and effect shall be prescribed, and may 
 be amended, from time to time, by the supreme court of the 
 United States." In pursuance of this provision the supreme 
 court at its October Term, 1898, adopted general orders in bank- 
 ruptcy regulating the entire system of procedure in bankruptcy 
 cases. 
 
 It will thus be seen that the entire equity, admiralty and 
 bankruptcy practice in the United States courts always has 
 been and still is regulated by rules adopted by the supreme 
 court of the United States and the power of the court to adopt 
 these rules has never been questioned, and that down to 1872 
 the entire system of practice in the circuit and district courts 
 of the United States in common law cases was subject to regu- 
 lation by the supreme, circuit and district courts of the United 
 States. 
 
 Section 1 of Article VI of the constitution of Maine pro- 
 vides that "the judicial power of this state shall be vested in 
 a supreme court and such other courts as the legislature shall, 
 from time to time, establish, ' ' and bj^ Chapter 79 of the Revised 
 Statutes of that state it is provided that "it {i. e., the supreme 
 judicial court) may establish and cause to be recorded rules, not 
 repugnant to law, respecting the modes of trial and conduct 
 of business in suits at law and in equity. ' ' 
 
 By section 2 of Article VI of the constitution of Minnesota, 
 it is provided that "the supreme court . . . shall have orig- 
 inal jurisdiction in such remedial cases as may be prescribed 
 by law and appellate jurisdiction in all cases both in law and
 
 PRACTICE PROVISIONS. 73 
 
 equity." By section 5 of the same article it is provided that 
 "the district courts shall have original jurisdiction in all civil 
 cases both in law and equity, where the amount in controversy 
 exceeds $100 and in all criminal cases where the punishment 
 shall exceed three months' imprisonment or a fine of more than 
 $100, and shall have such appellate jurisdiction as may be pre- 
 scribed by law." By section 4886 of the Code of that state it 
 is provided that "the judges of the district courts . . . and 
 of the several courts of common pleas of the state shall on the 
 first Wednesday of July next or on some day prior thereto 
 . . . meet in general session ... in the city of St. Paul 
 and adopt such general rules of practice in civil actions, not 
 inconsistent with the constitution and laws of the state and 
 of the United States as will secure a uniformity of practice 
 throughout the state as may be deemed necessary and just." 
 The code also makes provision for an annual meeting of the 
 judges for the revision of the rules. 
 
 Section 4 of Article V of the constitution of South Carolina 
 provides that "the supreme court shall have power to issue 
 writs or orders of injunction, mandamus, quo warranto, prohi- 
 bition, certiorari, habeas corpus, and other original and reme- 
 dial writs. And said court shall have appellate jurisdiction 
 only in cases of chancery . . . and shall constitute a court 
 for the correction of errors at law under such regulations as 
 the General Assembly may by law prescribe." By section 450 
 of the code of civil procedure of that state^ it is provided that 
 "the justices of the supreme court and the judges of the cir- 
 cuit court shall meet in general convention ... at least 
 once in every two years . . . for the purpose of revising and 
 amending the rules of the circuit court and establishing such 
 additional rules as may be deemed necessary to regulate the 
 practice in the circuit courts: Provided, such alterations or 
 additions be not inconsistent with any of the statutes of this 
 state. ' ' 
 
 By section 88 of Article VI of the constitution of Virginia, 
 it IS provided that "the supreme court of appeals . . . shall 
 have original jurisdiction in cases of habeas corpus, mandamus 
 and prohibition; but in all other casas, in which it shall have 
 jurisdiction, it shall be appellate jurisdiction only." By sec- 
 tion 3112 of the Code of that state, it is provided that "the
 
 74 PRACTICE IN THE MUNICIP.\X. COURT. 
 
 supreme court of appeals may, from time to time, prescribe the 
 forms of writs and make general regulations for the practice 
 of all the courts; and may prepare a system of rules of prac- 
 tice and a system of pleadings and the forms of process to be 
 used in all the courts of this state. ' ' 
 
 By section 3 of Article VII of the constitution of Wisconsin, 
 it is provided that "the supreme court except in cases other- 
 wise provided in this constitution, shall have appellate juris- 
 diction only, which shall be co-extensive with the state; but in 
 no ease removed to the supreme court shall a trial by jury be 
 allowed. The supreme court shall have a general superintend- 
 ing control over all inferior courts; it shall have power ta 
 issue writs of habeas corpus, mandamus, injunction, quo 'war- 
 ranto, certiorari and other original and remedial writs and to 
 hear and determine the same," By section 2413 of the code of 
 that state it is provided that "the justices of the supreme court 
 shall from time to time as they shall deem necessary make, 
 revise and publish rules of practice in the circuit courts and 
 other courts having concurrent jurisdiction therewith, in whole 
 or in part, and for regulating the practice in county courts 
 which shall be uniform throughout the state and not inconsis- 
 tent with the laws thereof, and may repeal, amend and mod- 
 ify the same as they may deem necessarj'. ' ' 
 
 Section 5 of Article VI of the constitution of Michigan pro- 
 vides that "the supreme court shall, by general rules, estab- 
 lish, modify and amend the practice in such court and in the 
 circuit coui-ts and simplify the same." By section 5232 
 of the Compiled Laws of the same state it is pro- 
 vided that "the supreme court of this state shall have 
 power from time to time to make uniform rules for regulating 
 the proceedings in all the probate courts of the state, and to 
 alter, amend or modify the same as it may judge necessary 
 in all cases expressly provided by law." Other sections of the 
 Compiled Laws, such as 4912, 4921, 4927, 4945, 5069, 5088, 
 5089, 5181, 5591, 5592, 5795, 5904, 6059, 6688 and 6692, confer 
 upon the court similar powers with respect to the making of 
 rules for inferior courts. 
 
 In Wayman v. Southard, 10 Wheaton, 1, 42, Chief Justice 
 Marshall says: "It will not be contended, that Congress can 
 delegate to the courts, or to any other tribunal, powers which
 
 PRACTICE PROVISIONS. 75 
 
 are strictly and exclusively legislative. But Congress may cer- 
 tainly delegate to others, powers which the legislature may 
 rightfully exercise itself. Without going further for example, 
 we will take that, the legality of which the counsel for the 
 defendants admit. The 17th section of the Judiciary Act and 
 the seventh section of the additional act empower the courts 
 respectively to regulate their practice. It certainly will not 
 be contended, that this might not be done by Congress. The 
 courts, for example, may make rules directing the returning 
 of writs of process, the filing of declarations and other plead- 
 ings, and other things of the same description. It will not be 
 contended, that these things might not be done by the legisla- 
 ture without the intervention of the courts ; yet it is alleged that 
 the power may not be conferred upon the judicial department. 
 The line has not been exactly drawn which separates those im- 
 portant subjects, which must be entirely regulated by the legis- 
 lature itself, from those of less interest, in which a general pro- 
 vision may be made, and power given to those who are to 
 act under such general provision to fill up the details. To 
 determine the character of the power given to the courts by the 
 process act, we must inquire into its extent. . . The differ- 
 ence between the departments undoubtedly is that the legis- 
 lature makes, the executive executes, and the judiciary construes 
 the law; but the makers of the law may commit something to 
 the discretion of the other departments, and the precise boun- 
 dary of this power is a subject of delicate and difficult inquiry 
 into which a court will not enter unnecessarily." 
 
 Other authorities bearing upon this question are Gamon v. 
 Fitz, 79 Pa. St., 303 ; Texas Land Co. v. Williams, 48 Tex., 602 
 Baker v. Blood, 128 Mass., 543; Hughes v. Jackson, 12 Md. 
 450; Baker v. State, 84 Wis., 584 (54 N. W^, 1003) ; Detroit, G 
 R. & W. R. Co. V. Eaton, 128 Mich., 495 (87 N. W., 641) 
 State V. Edwards, 110 N. C, 511 (14 S. E., 741) ; Hinckley v. 
 Dean, 104 111., 630; Beveridge v. Hewitt, 8 111. App., 467, 473 
 Halloway v. Freeman, 22 111., 197, 201; Prindiville v. People, 
 42 111., 217; Fisher v. Nat. Bk. of Commerce, 73 111., 34; Boring 
 v. Griffith, 48 Tenn., 456. 
 
 The constitutional amendment declares that the practice of 
 the municipal courts shall be such as the General Assembly shall 
 prescribe. This does not require the General Assembly to pre- 
 
 k
 
 76 PRACTICE IN THE MUNICIPAL COURT. 
 
 scribe all the minute details of a system of practice. It is suffi- 
 cient if it lays down a few general rules leaving it to the court 
 itself to prescribe the details. The General Assembly does in 
 fact prescribe the practice when it enacts that it shall be a 
 practice regulated by rules of court. 
 
 Finally, it can be argued with much force that the provisions 
 of section 20, as well as all the other practice provisions of the 
 act, can be sustained by that clause of section 34 of Article IV 
 which declares that "the General Assembly may pass all laws 
 which it may deem requisite to effectually provide a complete 
 system of local municipal government in and for the city of 
 Chicago." If the General Assembly deems it requisite, in pro- 
 viding a complete system of local municipal government in and 
 for the city of Chicago, that the rules of practice of the munic- 
 ipal court shall be prescribed by the judges of that court and 
 by the supreme court, its discretion is not subject to review by 
 the courts. 
 
 Second. The provisions of sections 19, 22, 23 and 31 limiting 
 the power of the supreme court and the appellate courts to re- 
 view the decisions of the municipal court upon questions of prac- 
 tice. 
 
 What is included within the term practice? This question 
 is fully answered in Fleischman v. Walker, 91 111., 318. It was 
 there contended that sections 67 and 88 of the Practice Act, in 
 so far as they assumed to increase the jurisdiction of the appel- 
 late courts and to restrict the jurisdiction of the supreme court, 
 are in violation of section 13 of Article IV of the consti- 
 tution, which provides that "no act hereafter passed shall em- 
 brace more than one subject and that shall be expressed in the 
 title." But the court said: 
 
 "The several courts of record in this State are either recog- 
 nized or created by, or are authorized to be created by the 
 constitution. The jurisdiction of some of these courts is fixed 
 by the constitution itself, while the jurisdiction of others is left, 
 under certain restrictions, to be determined by the General 
 Assembly. Of this latter class are the appellate courts, and it 
 depended altogether upon the legislative will whether such courts 
 should be created or not, and what appellate jurisdiction they 
 should have if created; and this legislative will was restricted 
 only in these respects; that such courts should be of uniform
 
 PRACTICE PROVISIONS. 77 
 
 organization and jurisdiction, and that their determiaations 
 should not be final in certain specified cases. The Appellate 
 Court Act created such appellate courts, provided for their 
 organization, and gave them a certain and uniform jurisdiction. 
 "By sections 67 and 88 of the Practice Act this jurisdiction 
 was increased, and we see no valid reason why this could not 
 be so done. The mode and order of procedure in obtaining 
 compensation for an injury by action or suit in the legally es- 
 tablished courts, from the inception of such suit until it ends 
 in the final determination of the court of last resort, is all com- 
 prehended in the term 'practice.' The relative jurisdictions of 
 the several courts; the modes by which and the extent to which 
 controversies may be transferred, for trial or for review, from 
 one tribunal to another; and, where several transfers are al- 
 lowed, the order of sequence in such transfers, are all included 
 in what is called the practice of the courts. The word practice 
 is so understood and treated by the text writers, and it is de- 
 fined by Bouvier to be 'the form, manner and order of con- 
 ducting and carrying on suits or prosecutions in the courts 
 through their various stages, according to the principles of 
 law, and the rules laid down by the respective courts.' Said 
 sections legitimately appertain to the course of practice in the 
 courts of record, and are germane to the subject expressed in 
 the title. It was held in Murphy v. Menard, 11 Texas, 673, 
 under a similar constitutional requirement, that an act 'to regu- 
 late proceedings in the county court,' properly embraced a pro- 
 vision giving an appeal to the district court, and regulating 
 the proceedings therein on the appeal. See, also, Robinson v. 
 Skipworth, 23 Ind., 311. 
 
 . "The objection here made would apply with equal or greater 
 force to the matter of the jurisdiction of circuit courts in ap- 
 peals from justices of the peace. Section 12 of Article VI of 
 the constitution provides, that circuit courts shall have such 
 appellate jurisdiction as is or may be provided by law, and the 
 several circuit court acts will be searched in vain for any pro- 
 vision giving them any jurisdiction in the matter of such ap- 
 peals. The only authority for such appeals, the only jurisdic- 
 tion in that regard (except in the case of some special statutory 
 proceedings) will be found in chapter 79, Revised Statutes, and 
 the title to that act in no way purports to confer jurisdiction
 
 78 PRACTICE IN THE MUNICIPAL COURT. 
 
 on the circuit court, unless it be held to be embraced and ex- 
 pressed in the word 'practice' contained in such title. And 
 yet, it will hardly be seriously questioned that circuit courts 
 have such appellate jurisdiction." 
 
 The practice provisions of the Municipal Court Act must, 
 therefore, be viewed in the light of this definition of the term 
 "practice" when taken in connection with the provisions of 
 section 34 of Article IV, which declares that in case the offices 
 of justices of the peace, police magistrates and constables within 
 the city are abolished and the jurisdiction of outside justices of 
 the peace is limited to the territory of Cook county outside of 
 the limits of the city, "the jurisdiction and practice of said 
 municipal courts shall be such as the General Assembly shall 
 prescribe" and the further provision that "the General Assem- 
 bly may pass all laws which it may deem requisite to effectually 
 provide a complete system of local municipal government in 
 and for the city of Chicago." What kind of a law is "requisite 
 to effectually provide a complete system of local municipal gov- 
 ernment in and for the city of Chicago," is a matter confided 
 exclusively to the judgment of the General Assembly, and its 
 action in respect thereto is not subject to judicial review. 
 Sanitary District of Chicago v. Bay, 199 111., 65, 
 
 By sections 19, 22 and 23 the power of the supreme and ap- 
 pellate courts to review the decisions of the municipal court 
 upon questions of practice is so limited as to prohibit such re- 
 views, excepting in cases where it is necessary to prevent a fail- 
 ure of justice. By section 30 a limitation is placed upon the 
 power of the supreme court and the appellate courts to review 
 the rulings of the municipal court in matters pertaining to the 
 empanelling of the jury. It has been suggested that these pro- 
 visions attempt to regulate by special legislation, not the prac- 
 tice of the municipal court, but that of the supreme court and 
 of the appellate courts. But the provisions in question are not 
 in fact regulations of the practice in the supreme and appellate 
 courts. They are regulations of the practice in the municipal 
 court. It is by means of the provisions regulating the practice 
 in the trial courts that the supreme court and the appellate 
 courts obtain their right to review the decisions of the trial 
 courts in respect to matters of practice as well as all those 
 matters directl.y concerning the merits of cases which are pre-
 
 PRACTICE PROVISIONS. 79 
 
 sented by bills of exceptions. The principal of these provisions 
 are the following sections of the Practice Act: 
 
 "Sec. 59. If, during the progress of any trial in any civil 
 cause, either party shall allege an exception to the opinion of 
 the court, and reduce the same to writing, it shall be the duty 
 of the judge to allow said exception, and sign and seal the 
 same, and the said exception shall thereupon become a part of 
 the record of such cause. 
 
 ''Sec. 60. Exceptions taken to decisions of the court, upon 
 the trial of causes in which the parties agree that both matters 
 of law and fact may be tried by the court, and in appeal cases, 
 tried by the court without the intervention of a jury, shall be 
 deemed and held to have been properly taken and allowed, and 
 the party excepting may assign for error^ before the supreme 
 court, any decision so excepted to, whether such decision relates 
 to receiving improper, or rejecting proper testimony, or to the 
 final judgment of the court upon the law and the evidence. 
 
 "Sec. 61. Exceptions taken to decisions of the court, over- 
 ruling motions in arrest of judgment, motions for new trials, 
 motions to amend and for continuances of causes, shall be al- 
 lowed; and the party excepting may assign for error any deci- 
 sion so excepted to." 
 
 So in regulating the practice in the municipal court it was 
 competent for the General Assembly to prescribe what decisions 
 and rulings should be subject to exception and to review in the 
 supreme and appellate courts and the extent of that review. 
 Had it seen fit it might have provided that there should be no 
 exceptions to the decisions of the court upon the trial and no 
 review upon appeal or writ of error of any questions other than 
 those presented by the record without any bill of exceptions, 
 or it might have provided that the judge presiding should cer- 
 tify the questions of law, other than mere questions of practice, 
 arising upon the trial, with his decisions thereon, and that these 
 decisions alone should be received by the appellate and supreme 
 courts. The provisions in question are, therefore, regulations of 
 the practice in the municipal court and not of that in the su- 
 preme court or appellate courts. 
 
 Third. The provisions in section 20 requiring the supreme 
 court and the appellate courts to take judicial notice of the rules 
 of practice of the municipal court.
 
 80 PRACTICE IN THE MUNICIPAL. COUKT. 
 
 Section 20 provides that "the supreme court and the appel- 
 late courts in cases brought to them from the municipal court 
 by appeal or writ of error shall take judicial notice of the rules 
 of practice from time to time in force in said municipal court." 
 It is suggested that this also is an attempt, in the Municipal 
 Court Act, to regulate the practice and prescribe the duties of 
 the supreme court and of the appellate courts. This conten- 
 tion is no more meritorious than the one last above discussed. 
 The provision in question is in reality merely one regulating, 
 in the municipal court, bills of exceptions and the written state- 
 ments or stenographic reports provided for in section 23. But 
 for this provision, when any question of practice arose upon 
 the determination of which the propriety of a judgment of the 
 municipal court might depend, it would be necessary that the 
 bill of exceptions, statement or stenographic report, should set 
 forth the rules which the court had adopted. Under this act, 
 instead of embodying the rules of the municipal court in every 
 bill of exceptions, statement or stenographic report, the munic- 
 ipal court will officially inform the appellate courts and the 
 supreme court of its rules of practice by transmitting to them 
 certified copies, and those courts will know quite as well what 
 they are as if, at great expense and trouble, they were em- 
 bodied in every bill of exceptions. 
 
 Fourth. The provisions in scctixyti 23 limiting the time with- 
 in which writs of errm- must be sued out. 
 
 Section 23 provides that the final orders and judgments of 
 the municipal court in cases of the fourth and fifth classes shall 
 be reviewed by writ of error only, and that the time within 
 which a writ of error may be sued out in any case shall be 
 limited to thirty days after the entry of the final order or judg- 
 ment complained of. It has been suggested that this is not a 
 matter of practice in the municipal court, but is a matter proper 
 to be treated only in a statute of limitations. This objection is 
 answered by what has already been said, as well as by the fact 
 that the time within which appeals must be prayed and writs 
 of error sued out has always been fixed by acts regulating the 
 practice of the courts whose judgments are sought to be re- 
 viewed. Thus the time within which an appeal must be prayed 
 from a judgment rendered by a justice of the peace is fixed by 
 section 1 of Article X of the act entitled "An Act to revise the
 
 PRACTICE PROVISIONS. 81 
 
 law in relation to justices of the peace and constables," ap- 
 proved June 26, 1895, and the time within which a writ of error 
 may be brought to review a judgment of a court of record is 
 fixed by section 85 of the Practice Act. But it is said that 
 section 23, in fixing the limitation at thirty days, makes no pro- 
 vision for a saving clause in favor of a person who is "an in- 
 fant, 7ion compos mentis, or under duress." By reference to 
 section 19, however, it will be seen that the practice in the cir- 
 cuit courts is to prevail as near as may be, in the municipal 
 court, excepting to the extent that it is changed by the act, or 
 by the rules adopted in pursuance thereof. Consequently the 
 saving clause of section 85 of the Practice Act is applicable to 
 the cases specified in section 23, and the entire section 85 is 
 applicable to the cases specified in section 22, which mentions 
 no limitation at all. Apart from this, however, whether or not 
 there should, in such a case, be any saving clause in favor of a 
 person who is "an infant, non compos mentis, or under duress" 
 is wholly discretionary with the legislative department of the 
 government. 
 
 Fifth. Those in sections 25, 26 and 31 relating to the im- 
 paneling of jurors in the municipal court. 
 
 Sections 25, 26 and 31 relate to the impaneling of jurors 
 in the municipal court. They provide that the jurors shall be 
 furnished through the jury commissioners of Cook county in 
 the same manner and from the same lists, as near as may be, 
 as petit jurors are provided for the circuit, superior and crim- 
 inal courts of Cook county; that the number of jurors to be 
 summoned from time to time shall be determined by the chief 
 justice; that it shall be the duty of the chief justice 
 to cause all the petit jurors to be interrogated and their 
 qualifications inquired into, and to cause all persons to be re- 
 jected from service who do not appear to possess the qualifica- 
 tions required by law; that it shall be the duty of the judge 
 presiding at the trial to examine the jurors as to their statu- 
 tory qualifications and permit the parties to interrogate them 
 as to bias or prejudice, and that the only question respecting 
 the jury which can be raised upon appeal or writ of error is 
 as to whether the court has improperly overruled a challenge 
 of a juror for bias or prejudice. It is suggested that these pro- 
 visions are invalid because in violation of section 22 of Article 
 6
 
 82 PRACTICE IN THE MUNICIPAL. COURT. 
 
 IV of the constitution, which deckires that the General Assem- 
 bly shall not pass local or special laws for ' ' summoning and im- 
 paneling grand or petit juries." This, however, is merely a 
 general iirovision against special legislation, and it is modified 
 and controlled, so far as the municipal court of Chicago is con- 
 cerned, by the provisions of section 34 of Article IV, which 
 permits special legislation regulating the practice in the munic- 
 ipal court. Furthermore, it is to be observed that the Munic- 
 ipal Court Act does not prescribe for jurors qualifications differ- 
 ent from those prescribed for jurors in the circuit courts. It 
 simply provides for a special method of ascertaining the jurors' 
 qualifications and for a limitation upon the power of the su- 
 preme court and the appellate courts to review the rulings of 
 the municipal court so far as those rulings pertain to the im- 
 paneling of petit jurors. 
 
 Sixth. The provisions of sections 30 and 56 affecting the 
 exercise of the right of trial hy jury. 
 
 By section 30 it is provided that every suit at law in the 
 municipal court, other than a case of the second class or a case 
 of the third class, shall be tried without a jury unless the plain- 
 tiff at the time he commences his suit, or the defendant at the 
 time he enters his appearance, shall file with the clerk a de- 
 mand in writing of a trial by jury, and that in every case of 
 the third class, which class embraces all criminal cases in which 
 the punishment is by fine or imprisonment otherwise than in 
 the penitentiary, a trial by jury shall be deemed waived unless 
 the defendant shall expressly demand such trial. By section 
 56 the party demanding a trial by jury is required to pay to 
 the clerk the sum of $6 in addition to the sum which he would 
 otherwise be called upon to pay at the time he commences his 
 suit, if he is the plaintiff, or at the time he enters his appear- 
 ance, if he is the defendant. It has been suggested that these 
 provisions are in violation of section 5 of Article II of the 
 constitution, which declares that "the right of trial by jury as 
 heretofore enjoyed shall remain inviolate." It will be ob- 
 served that neither of the provisions in question deprives or 
 attempts to deprive either of the parties of the right of trial 
 by jury. They are merely regulations respecting the exercise 
 of that right and are not at all unreasonable. To require the 
 plaintiff at the time he commences his suit, or the defendant
 
 PRACTICE PROVISIONS. 83 
 
 at the time he enters his appearance, when the case is one of 
 the first, fourth or fifth class, to file with the clerk a demand 
 in writing of a trial by jury, is necessary to the economical and 
 prompt disposition of the business of the court. These cases 
 are to be set for trial on particular days. The order setting 
 them for trial is to be entered shortly after the issues are made 
 up by the filing of the defendant's pleas in cases of the first 
 class and by the entry of his appearance in cases of the fourth 
 and fifth classes. Cases to be tried without a jury are to be 
 assigned to judges engaged in the trial of that class of cases, 
 while those to be tried with a jury are to be assigned to other 
 judges who are engaged in conducting jury trials. The number 
 of jurors to be needed will depend upon the number of cases in 
 which trials by jury are to be had. Hence, it would seem to be 
 not a debatable question that to require the parties to give the 
 court prompt notification of the character of the trial to be de- 
 manded is a very reasonable and businesslike regulation. 
 
 As to the requirement of an additional fee to be paid the 
 clerk when a trial by jury is demanded, it is sufficient to say 
 that that is a matter which is entirely in the discretion of the 
 General Assembly. In all counties excepting Cook county, larger 
 fees are required in cases tried by jury than in those tried 
 without a jury. It is, of course, not contended that it is un- 
 constitutional to require of a party commencing a suit or en- 
 tering his appearance to make an advance payment of costs. 
 The costs he thus advances, in case of a successful termination 
 of the suit in his favor, he will obtain judgment for against the 
 opposite party. Nor is there anything unreasonable in requir- 
 ing a party who demands a trial by jury, which requires the 
 city to keep on hand a panel of twenty-four jurymen at $2 a 
 day each, to make a larger advance payment than one who does 
 not insist upon this mode of trial. 
 
 Section 5368 of the Minnesota Statutes provides as follows: 
 "Before a jury is sworn the plaintiff shall pay to the clerk 
 three dollars as a jury fee, which shall be immediately paid by 
 the clerk to the treasurer of the county." In Adams v, Cor- 
 riston, 7 Minn., 456, it was held that a provision of this kind 
 was constitutional. 
 
 In Corneau v. Geis, 73 Cal., 176, it was held that a rule of 
 the superior court requiring a party demanding a trial by jury
 
 84 PRACTICE IN THE MUNICIPAL COURT. 
 
 to deposit fees with the clerk iii advance of the trial was a 
 reasonable regulation of the mode of enjoyment of the right of 
 trial by jury, and was not a denial or impairment of the right, 
 and that the party demanding a jury trial, upon refusing to 
 comply with the rule, waived his right to a jury. In its opin- 
 ion the court cited, as supporting its views, Biddle v. Cone, 13 
 S. & R., 410; Keddie v. Mo&re, 2 Murph., 45; Beers v. Beers. 
 4 Conn,, 539 ; Jones v. Eohhins, 8 Gray, 341 ; Flint River Co. v. 
 Foster, 5 Ga., 195; Marford v. Barnes, 8 Yerg., 446; Adams v. 
 Corriston, 7 Minn., 456 ; People v. Hoffman, 3 Mich., 248 ; Ran- 
 dall v. Kehlar, 60 Me., 44, 45^ and Venine v. Archibald, 3 Colo., 
 165. 
 
 The following authorities also support the proposition that 
 the legislature may constitutionally require that the party de- 
 manding a jury shall advance the expenses of the venire: In re 
 Marron, 60 Vt., 199; Conners v. Burlington Railroad, 74 Iowa, 
 383. 
 
 Seventh. The provisions in section 39 regulating applica- 
 tions for changes of venue. 
 
 By section 39 applications for changes of venue in cases of 
 the third, fourth and fifth classes can only specify one judge 
 from whom the chatige of venue is desired, and the application 
 in civil cases must be filed at or before the entry of the defend- 
 ant's appearance, if the suit is a civil suit, or at or before the 
 time the defendant is required to plead, if the suit is a crim- 
 inal suit. It is suggested that this provision violates Section 22 
 of Article IV of the constitution, which declares that the Gen- 
 eral Assembly shall not pass local or special laws "providing 
 for changes of venue in civil and criminal cases." But as al- 
 ready indicated above, section 22 of Article IV is controlled 
 by the provisions of section 34 of Article IV, by which full 
 power is given the General Assembly to regulate, by special law, 
 the practice of the municipal court, "practice," of course, in- 
 cluding applications for changes of venue, which are parts of 
 *'the mode or order of procedure in obtaining compensation for 
 an injury by action or suit in the legally established courts, 
 from the inception of such suit until it ends in the final de- 
 termination of the court of last resort. ' ' Fleischman v. Walker, 
 91 111., 318, supra. 
 
 With respect to all of the above mentioned questions of prac-
 
 PRACTICE PROVISIONS. 85 
 
 tice it is also to be observed that the prohibition of section 22 
 of Article IV of the constitution against special legislation 
 "regulating the practice in courts of justice" does not deprive 
 the General Assembly of the power to prescribe different rules 
 for each class or grade of courts, provided those rules are uni- 
 form as to all courts of the same class or grade. "The Munic- 
 ipal Court of Chicago" is in a class or grade by itself, and 
 hence its practice would not be required to be uniform with 
 that of courts of other grades or classes, even were the amend- 
 ment of 1904 not a part of the constitution.
 
 PART 11. THE PRACTICE IN CIVIL CASES. 
 
 CHAPTER I. 
 
 CASES OF THE FIRST CLASS. 
 
 Cases of this class, iu wliicli the court is given jurisdiction 
 without auy maximum limit as to the amount involved, are the 
 following : 
 
 1. All actions on contracts, exi)ress or implied, when the 
 amount claimed by the plaintiff exceeds one thousand dollars 
 ($1,000). Under this designation are included all forms of 
 the common law actions of account, assumpsit and covenant, aiid 
 all actions of debt brought on contracts, express or implied. 
 
 2. All actions for the recovery of person-al property, when 
 the value of the property sought to be recovered, as claimed by 
 the plaintiff, exceeds one thousand dollars ($1,000). Under this 
 designation is included the action of replevin. 
 
 3. All actions for the recovery of damages for the conver- 
 sion of personal property, when the amount of damages sought 
 to be recovered, as claimed by the plaintiff, exceeds one thou- 
 sand dollars ($1,000). Under this designation is included the 
 action of trover. 
 
 4. All actions for the recovery of damages for injury to per- 
 sonal property, when the amount of damages sought to be re- 
 covered, as claimed by the plaintiff, exceeds one thousand dol- 
 lars ($1,000). Under this designation are included the follow- 
 ing actions : 
 
 a. Case, when brouglit against the owner or person conduct- 
 ing a vehicle, ear, ship or other conveyance, for negligence re- 
 sulting in injuries to goods or chattels; against a carrier or an 
 innkeeper for loss of or injury to goods or chattels, or any neg- 
 lect of duty with respect thereto; against an attorney for neg- 
 ligence in the conducting of a cause, or in respect to any other 
 duty to a client; against a sheriff, bailiff or other officer for 
 
 86
 
 CASES OP THE FIRST CLASS. 87 
 
 negligence in the execution of process, or for an illegal levy, 
 or other wrongful act connected therewith, or for an escape, or 
 for a false return, or for not taking a bond, or for taking an 
 insufficient bond, or for any other Avrongful or negligent act 
 with respect to a bond; against a bailee of personal property 
 for negligence or neglect of duty with respect thereto; against 
 a defendant for deceit connected with the purchase or 
 sale of real or personal property, or for any other deceit result- 
 ing in loss to tlie plaintiff; against a landlord or other person 
 for an illegal distress, or other wrongful act connected there- 
 with; against a defendant for receiving, or for a pound breach 
 of, cattle taken damage feasant, or for the rescue of a person 
 -arrested on mesne process; against a defendant for not obeying 
 a subpoena; against a defendant for infringing a copyright; 
 against a defendant for an.y other injury known in law as an 
 injury to personal property. 
 
 h. Trespass, when brought against a defendant for chasing 
 sheep; for seizing personal property, or for any direct injury 
 to personal property. 
 
 The term '"injury to personal property," as used in this sec- 
 tion, has the meaning in which it is employed in judicial deci- 
 sions and by common law text writers. See Chitty's Plead- 
 ings (11th Am. Ed.), Vol. I, pp. 134-139, 1G8-173, and Vol. II, 
 pp. 650a-768 and 858-863, as to cases brought for injuries to 
 personal property. 
 
 The actions of which the court does not have jurisdiction 
 when the amount claimed by the plaintiff, in money or prop- 
 erty, exceeds one thousand dollars ($1,000) include the follow- 
 ing: 
 
 1. Actions of ejectment, of which it has no jurisdiction, what- 
 ever be the value of the property involved. 
 
 2. Actions for injuries to real property. 
 
 3. Actions for injuries to the person, among which are ac- 
 tions for negligence resulting in personal injuries, assault and 
 battery, libel, slander, false imprisonment and malicious prose- 
 cution. 
 
 4. Actions of debt brought for statutory penalties, and qui 
 tarn actions. 
 
 In all of these last mentioned cases excepting ejectment, how- 
 ever, it has jurisdiction when the amount claimed by the plain-
 
 88 PRACTICE IN THE MUNICIPAL COURT. 
 
 tiff, in money or property, does not exceed one thousand dol- 
 lars ($1,000), they being included among cases of the fourth 
 and fifth classes. 
 
 In respect to cases of the first class it will be seen that the 
 amount involved, for the purpose of determining the classifica- 
 tion, is the amount claimed by the plaintiff. If this amount ex- 
 ceeds one thousand dollars ($1,000), the case is one of the first 
 class, although the amount of the recovery is less than one 
 thousand dollars ($1,000). 
 
 The practice in all cases of the first class, in accordance with 
 the provisions of section 28 of the Municipal Court Act will 
 be the same as in similar cases in the circuit courts, excepting 
 in the following particulars: 
 
 First. The first process, whether a summons or a writ, is to 
 be directed to the bailiff to execute and is to be returnable on 
 some Monday at least ten days, and not more than thirty days, 
 after the date thereof. This change from the circuit court prac- 
 tice is made necessary by the fact that there are to be no stated 
 terms of the municipal court (section 21), but the court is to 
 be always open for the transaction of business. (Section 28.) 
 
 Second. Service of the summons or writ upon an individual 
 defendant is to be made by delivering to him a copy thereof 
 and informing him of its contents. Service of the summons or 
 writ upon a corporation is to be made in the manner provided 
 by law for a similar case in the circuit court. (Section 28.) 
 
 Third. When a defendant is notified of the pendency of the 
 suit by publication, the notice must state the date on or before 
 which the defendant is required to appear, which date is to be 
 some Monday not less than forty days nor more than sixty days 
 after the date of the first publication, as the plaintiff may re- 
 quire. (Section 28.) 
 
 Fourth. Suits other than attachment suits cannot be brought 
 against a defendant, if there be but one defendant, unless he 
 resides or is found within the city of Chicago, or if the de- 
 fendant be a corporation, unless (a) its principal office is within 
 the city of Chicago, or (b) service of process may be had within 
 the city upon some ofiicer, agent or employe of such corpora- 
 tion upon whom service of process might be had, if issued in 
 a suit commenced in the circuit court. (Section 28. See also 
 Hurd's R. S. of 1905, ch. 110, par. 5, p. 1531.)
 
 CASES OP THE FIRST CLASS, 89 
 
 Fifth. 'An attachment suit may be brought in the municipal 
 court against a non-resident of the State when any of his prop- 
 erty is levied upon or any garnishee resides or is found within 
 the city of Chicago. But no attachment suit, whatever be the 
 ground of the attachment, can be brought in the municipal 
 court against any resident of the State unless he resides or is 
 found within the city of Chicago, or unless he is one of several 
 defendants, one of whom resides or is found in the city of Chi- 
 cago. (Section 28.) 
 
 Sixth. A summons or writ cannot be issued to the sheriff 
 of Cook county for any defendant residing therein but outside 
 of the city of Chicago, or to the sheriff of any other county for 
 any defendant residing in such county, unless there are several 
 defendants, one of whom resides or is found within the city of 
 Chicago, and no judgment can in any case be rendered against 
 any defendant served with process outside of the city of Chi- 
 cago, unless judgment be also rendered against the defendant 
 served within said city. (Section 28.) 
 
 Seventh. The plaintiff is to file his declaration within five 
 days after the commencement of the suit, in default of which 
 the suit is to be dismissed, unless the time for filing the declara- 
 tion is extended by the court. An order extending the time 
 for filing the declaration may be entered either before or after 
 the expiration of the five days. (Section 28.) 
 
 Eighth. If the defendant is served with process five days 
 or more prior to the return day he must demur or plead to the 
 declaration or complaint on or before the Monday succeeding 
 the return day. But in case the summons or writ is served less 
 than five days prior to the return day, he is not required to 
 plead until on or before the second Monday after the return 
 day. If the court extends the time for filing the declaration 
 the defendant's time for demurring or pleading is to be ex- 
 tended until the second Monday succeeding the expiration of 
 such extension of time. The court in its discretion may extend 
 the time within which the defendant is required to demur or 
 plead. (Section 28.) 
 
 Ninth. No case is to be tried by jury unless the plaintiff 
 at the time he commences his suit, or the defendant at the 
 time he enters his appearance, files with the clerk a demand in 
 writing of a trial by jury, which demand, however, may be
 
 90 PRACTICE IN THE MUNICIPAL COURT. 
 
 withdrawn by the party filing the same at any time before the 
 trial. (Section 30.) 
 
 Tenth. All judgments and orders become final after the lapse 
 of thirty days from the entry thereof. During such thirty days 
 they are subject to be vacated, set aside or modified in the 
 same manner and to the same extent as judgments, decrees, or 
 orders of a circuit court diu-iug the term at which the same 
 were rendered. (Section 21.) 
 
 Eleventh. In trials by jury the judge presiding at the trial 
 is required to examine or cause to be examined all jurors called 
 into the jury box with respect to their statutory qualifications, 
 and to permit the parties to propound to the jurors such per- 
 tinent questions as may be necessary for the purpose of ascer- 
 taining whether the jurors are biased or prejudiced. The only 
 rulings of the court with respect to the impaneling of the jury 
 which may be reviewed upon appeal or writ of error are those 
 which are claimed to have improperly restricted the right of 
 the defendant to examine the jurors as to bias or prejudice, or 
 by which a challenge by the defendant of a juror for bias or 
 prejudice has been improperly overruled. (Section 31.) 
 
 Tivelfth. Orders in pending cases may be made by any judge 
 at any place within the city of Chicago upon the application 
 of either party and upon reasonable notice to the opposite party 
 whenever, in the opinion of the judge, the granting of the 
 order at such place is in furtherance of justice. Orders thus 
 made are to be as effective as if made in any court room or in 
 the chambers of the judge. (Section 35.) 
 
 Thirteenth. The order in which cases are to be tried and 
 the classification and distribution of cases upon the different 
 calendars are to be determined by the chief justice, or by such 
 rules as may be adopted by the judges under the provisions 
 of the act. The trial of a case may be advanced by order of 
 the chief justice w^henever in his opinion circumstances justify 
 it. (Sections 8 and 36.) 
 
 Fourteenth. The charge to the jury in cases tried by jury 
 may, in the discretion of the court, be given orally, and, when 
 so given, it is to be taken down in shorthand and at the request 
 of either party a transcript thereof is to be made and filed in 
 the cause in which the charge is given and made a part of the 
 record thereof. When an oral charge is given exceptions there-
 
 CASES OP THE FIRST CLASS. 91 
 
 to will be required to be taken before the jury retire in order 
 that erroneous statements of the judge as to the law, which are 
 the result of inadvertence, may be then and there corrected. The 
 parties will, of course, be permitted to present to the judge, 
 either orally or in writing, requests to charge, which will be 
 duly considered and passed upon by him, and exceptions may 
 be taken to refusals to charge as requested. (Section 37.) 
 
 Fifteenth. The provisions for changes of venue made ap- 
 plicable in the circuit courts will be applicable in the munic- 
 ipal court, excepting those which make a distinction between 
 applications at the first term of court and those made at sub- 
 sequent terms. There being no terms in the municipal court, 
 every application for a change of venue in a case of the first 
 class should, and doubtless will be, treated as though it were one 
 made at the first term in a circuit court. This will give the 
 parties a reasonable opportunity to avoid a trial before a judge 
 whom they regard as prejudiced, without delaying the trial of 
 the cause which may be had immediately before another judge. 
 (Section 39.) 
 
 Sixteenth. At any time before the trial the court may per- 
 mit the filing of interrogatories to be answered by any party to 
 the suit or any person for whose immediate benefit the suit is 
 prosecuted or defended, or by the directors, officers, superin- 
 tendent or managing agents of any corporation which is a party 
 to the record, at the instance of the adverse party or parties, 
 or any of them, and require an answer under oath to all such 
 interrogatories as the party to be interrogated might be re- 
 quired to answer if called as a witness upon the trial. The 
 party filing the interrogatories is not to be concluded by the 
 answers thereto if he elects to introduce them, or any or 
 either of them, upon the trial. (Section 32.) 
 
 Seventeenth,. Upon the trial any party to the suit, or any 
 person for whose immediate benefit it is prosecuted or defend- 
 ed, or the directors, officers, superintendent or managing agents 
 of any corporation which is a party to the record, may be ex- 
 amined as if under cross-examination, at the instance of the 
 adverse party or parties or any of them, and for that purpose 
 may be compelled, in the same manner and subject to the same 
 rules for examination as any other witness, to testify, but the 
 party calling for such examination is not to be concluded there-
 
 92 PRACTICE IN THE MUNICIPAL COURT. 
 
 by but may rebut the testimony thus given by counter testi- 
 mony. (Section 33.) 
 
 Eighteenth. Upon the hearing of any interlocutory or other 
 motion or application, other than one for a change of venue, 
 the court may, in its discretion, require the evidence to be pre- 
 sented by the oral examination of witnesses in open court or 
 otherwise, and may make all necessary orders for such oral 
 examination. (Section 34.) 
 
 Nineteenth. Bills of exceptions will not be defective if 
 signed by the judge, although "he may omit to affix his seal 
 thereto. (Section 34.) 
 
 Twentieth. An erroneous ruling made by the municipal court 
 against the objection of the party complaining thereof, although 
 not formally excepted to, will be subject to review upon appeal 
 or writ of error to the same extent and in like manner as if it 
 appeared that a formal exception had been taken. (Section 
 38.) 
 
 Twenty-first. Upon the prosecution of an appeal or writ of 
 error the original bill of exceptions, in lieu of a certified copy 
 thereof, will be inserted in the transcript unless the municipal 
 court otherwise directs, and upon the final determination of the 
 appeal or writ of error the original bill of exceptions will be 
 remitted to the municipal court. (Section 38.) By the law 
 now in force the original bill of exceptions can only be inserted 
 in the transcript with the consent of the opposite party, and 
 when so inserted it remains in the appellate or supreme court, 
 with the result that if needed upon a subsequent trial the party 
 who desires to use it is put to the expense of obtaining a certi- 
 fied copy. 
 
 Twenty-second. Appeals must be prayed for within twenty 
 days after the entry of the order or judgment appealed from. 
 (Section 22.) 
 
 Twenty-third. No assignment of error in the supreme court 
 or in the appellate court is to be allowed which shall call in 
 question the decision of the municipal court in respect to any 
 matter pertaining to the practice in said court, but the supreme 
 court or the appellate court may grant relief from any error 
 of the municipal court, in respect to a matter of practice there- 
 in, in any case where, in the opinion of the supreme court or
 
 CASES OF THE FIRST CLASS. 93 
 
 appellate court, such relief is necessary to prevent a failure of 
 justice. (Section 22.) 
 
 Twenty-fourth. If, in any case, the method of procedure in 
 vogue in the circuit court is, in the opinion of the judges of the 
 municipal court, not applicable and no special provision is made 
 therefor in the Municipal Court Act, the court may, in con- 
 ducting and disposing of the same, adopt such method as may 
 appear to be proper for the just determination of the rights 
 of the parties. (Section 51.) 
 
 Twenty-fifth. A money judgment, when no execution issued 
 thereon is outstanding, may be satisfied by the payment by the 
 party against whom the same has been rendered of the amount 
 thereof to the clerk. (Section 53.) 
 
 Twenty-sixth. The court will take judicial notice, first, of all 
 general ordinances of the city of Chicago and of all general 
 ordinances of every municipal corporation situated in whole or 
 in part within the limits of the city of Chicago, and, second, of 
 all laws of a public nature enacted by any state or territory of 
 the United States. (Section 54.) 
 
 Twenty-seventh. The records in all such cases will be kept in 
 an abbreviated form. (Section 62.) 
 
 Twenty-eighth. Judgments will be liens upon real estate only 
 within the city limits, but may be made liens upon real estate 
 in Cook county outside of the city limits by the filing of certi- 
 fied transcripts in the office of the recorder of Cook county. 
 Executions to be served and levied within the city limits will be 
 directed to the bailiff, but, if to be served in Cook county out- 
 side of the city limits, they will be directed to the sheriff of 
 Cook county and, if they are to be served and levied in some 
 other county than Cook, they will be directed to the sheriff of 
 such county. (Section 63.)
 
 CHAPTER II. 
 CIVIL CASES OF THE SECOND CLASS. 
 
 In cases of the second class are included all suits of every 
 kind or nature, whether civil or criminal, or whether at law 
 or in equity, which may be transferred to the municipal court 
 by change of venue or otherwise, by the circuit court of Cook 
 county or by the superior court of Cook county, or by the crim- 
 inal court of Cook county, for trial and disposition. (Para- 
 graph second of Section 2.) 
 
 The circuit court of Cook county or the superior court of 
 Cook county may, upon the application of either party for a 
 change of venue, and shall upon the request of both parties 
 to any suit at law or in equity pending therein, transfer said 
 suit to the municipal court for trial and disposition. In any 
 case so transferred, the municipal court is to exercise the same 
 powers as the court from which the case has been transferred 
 might have exercised, had said case not been so transferred. 
 (Section 24.) 
 
 The criminal court of Cook county may, in its discretion, 
 upon the request of the state's attorney or of any defendant, 
 transfer to the municipal court for trial and disposition any 
 case therein pending and shall have power to make all orders 
 which it may deem necessaiy to accomplish such transfer and 
 secure the attendance of the parties and witnesses upon said 
 municipal court until the final disposition of the case, and said 
 municipal court, when any criminal case shall have been so 
 transferred to it, shall exercise all the powers with respect to 
 the trial and disposition of said case which the said criminal 
 court of Cook county might have exercised had said case not 
 been transferred. All judgments of conviction in criminal cases 
 in said municipal court where the punishment inflicted is death 
 or imprisonment, shall be carried into execution in the same 
 manner as is provided by law for similar cases in said criminal 
 court of Cook county. The prosecution of all criminal cases in 
 the municipal court shall be conducted by or under the super- 
 vision of the state's attorney of Cook county, but in any case 
 
 94
 
 CIVIL CASES — SECOND CLASS. 95 
 
 in which the state's attorney is disqualified from acting or is 
 unable to act, the court may appoint some attorney at law of 
 Cook county to act as prosecuting attorney in such case. (Sec- 
 tion 24.) 
 
 Some doubt respecting the methods of procedure to be pur- 
 sued in cases of the second class is created by the concluding 
 provision of section 24, which reads as follows: 
 
 **In all cases transferred as aforesaid to said municipal court 
 the practice in respect to the trial and disposition thereof shall 
 be the same as that prevailing in the respective courts from 
 which the same have been transferred, unless the parties shall 
 consent that the trial and disposition thereof shall be governed 
 by the rules of practice prevailing in said municipal court in 
 cases commenced therein." 
 
 Does this mean that in cases transferred to the municipal 
 court from the circuit, superior or criminal court of Cook coun- 
 ty, the methods of procedure in the municipal court shall be pre- 
 cisely the same in all respects as those permissible in the re- 
 spective courts from which the transfers have been made? If 
 this question be answered in the affirmative, it means that the 
 following provisions of the Act will be inapplicable in cases of 
 the second class: 
 
 First. The provisions of section 31 with respect to the im- 
 paneling of jurors for the trial of cases. 
 
 Second. The provisions of section 32 in reference to the 
 filing of interrogatories before the trial or hearing. 
 
 Third. The provisions of section 33 for the cross-examina- 
 tion of an adverse party. 
 
 Fourth. The provisions of section 34 for the hearing of oral 
 evidence in open court in support of or in opposition to any 
 interlocutorj'^ or other motion or application. 
 
 Fifth. The provisions in section 35 in reference to the power 
 of a judge of the municipal court to sign or make orders at 
 any place within the city limits. 
 
 Sixth. The provisions in section 37 authorizing the court to 
 charge the juiy orally. 
 
 Seventh. The provisions of section 54 requiring the munic- 
 ipal court to take judicial notice of all general ordinances of 
 every municipal corporation situated, in whole or in part, with- 
 in the limits of the city of Chicago, and of all laws of a public 
 nature enacted by any state or territory of the United States.
 
 96 PRACTICE IN TUK MUNICIPAL COURT. 
 
 If such were the intention of the Act it is not perceived what 
 useful purpose could possibly be accomplished by authorizing? 
 the transfer of cases from the circuit, superior or criminal court 
 to the municipal court. It is the opinion of the writer, however, 
 that whatever may have been the intention of those who caused 
 the insertion in the act of the concluding clause of section 24, 
 its provisions do not forbid the application by the municipal 
 court in cases of the second class of the above mentioned pro- 
 visions of sections 31, 32, 33, 34, 35, 37 and 54, for the reason 
 that those sections are by their terms made applicable to all 
 cases tried or pending in the court, and are not limited to those 
 cases originally commenced in the court. Thus the expression 
 in section 31 is "that in all cases tried by jury in a municipal 
 court," etc.; that in section 32 is "that the municipal court in 
 any civil suit pending therein, ' ' etc. ; that in section 33 is " that 
 upon the trial or hearing of any suit in the municipal court," 
 etc.; that in section 34 is "that whenever in any suit pending 
 in the municipal court evidence shall be necessary," etc.; that 
 in section 35 is that "in any suit pending in the municipal 
 court," etc., while that in section 37 is "that in jury trials in 
 the municipal court the court shall charge the jury," etc. There 
 are certain rules prescribed especially for cases commenced in 
 the municipal court. Thus sections 28 and 30 prescribe certain 
 rules of practice for cases of first class, and sections 29, 30, 
 39 and 40 to 50, both inclusive, prescribe certain rules for cases 
 of the fourth and fifth classes, and hence there is good ground 
 for the conclusion that it was these rules the General Assembly 
 intended should not be applied in cases of the second class, 
 being cases transferred, excepting with the consent of the par- 
 ties, and not the rules prescribed in sections 31, 32, 33, 34, 35, 
 37 and 54. 
 
 It is apparent, however, that this is merely a moot question. 
 By section 19 it is provided as follow^s: 
 
 "Said municipal court shall be sole judge of the appli- 
 cability to the proceedings of said court of the rules of practice 
 prescribed by law for similar cases in the circuit courts, and 
 its decisions in respect thereto shall not be subject to review 
 upon appeal or writ of error; provided, however, that upon 
 appeal or writ of error the supreme court or the appellate 
 court, as the case may be, may grant relief from any such deci-
 
 CIVIL CASES — SECOND CLASS. 97 
 
 sion in any ease where, in the opinion of the supreme court or 
 appellate court, such relief is necessary to prevent a failure of 
 justice." 
 
 By section 22 it is also provided as follows: 
 
 ''And no assignment of error in the supreme court or in the 
 appellate court in any such case shall be allowed which shall 
 call in question the decision of the municipal court in respect 
 to any matter pertaining to the practice in said court: Pro- 
 vided, however, that the supreme court or the appellate court, 
 as the case may be, may grant relief from any error of the 
 municipal court in respect to a matter of practice therein in any 
 case where, in the opinion of the supreme court or appellate 
 court, such relief is necessary to prevent a failure of justice. ' ' 
 
 By section 51 it is also provided as follows: 
 
 "If the method of procedure in any case within the juris-" 
 diction of the municipal court is not sufficiently prescribed by 
 this Act, or by any rule of court adopted in pursuance hereof, 
 the branch court in which the same is brought, or proposed to 
 be brought, may make such provision for the conducting and 
 disposing of the same as may appear to the court proper for 
 the just determination of the rights of the parties." 
 
 These provisions of the Act evidence the intention that the 
 efficiency of the municipal court in the administration of jus- 
 tice shall not be impaired because of doubts respecting the true 
 construction of the practice provisions of the Act, or because of 
 mere differences of opinion respecting the construction of those 
 provisions between the judges of the municipal court and the 
 judges of the supreme court and appellate court. Just deter- 
 minations of the rights of parties litigant are the chief aim of 
 the law and when just determinations are reached the Act for- 
 bids them to be destroyed because of differences of opinion be- 
 tween the judges of different courts with respect to the proper 
 process employed in attaining them. 
 
 It is probably safe to assume, therefore, that the construction 
 which may be placed by the municipal court judges upon the 
 last clause of section 24 will not be disapproved by the supreme 
 court or the appellate court. 
 
 In general, then, the forms of pleadings and the general rules 
 of practice prevailing in the circuit court will be followed in 
 cases of the second class, with the exception of those matters of 
 
 7
 
 98 PRACTICE IN THE MUNICIPAL COURT. 
 
 practice covered by sections 31, 32, 33, 34, 35, 37 and 54, and 
 also with the exception of the following: 
 
 First. When, after the transfer of a case to the municipal 
 court, a new party is made defendant the summons to such 
 new party will be made returnable upon some Monday at least 
 ten days, and not more than thirty days, after the date thereof, 
 as is provided by the first clause of section 38 for a summons 
 in a case of the firet class. This will result from the fact that 
 in the municipal court there are to be no terms. 
 
 Second. For the same reason, in case a non-resident is made 
 a new party defendant after the transfer, the notice, as is pro- 
 vided by the third clause of section 28 for a notice in a case 
 of the first class, will specify the date on or before which the 
 defendant is required to appear, which date will be some Mon- 
 day not less than forty nor more than sixty days after the date 
 of the first publication of notice. 
 
 TJiird. In accordance with section 22, pertaining to the prac- 
 tice in cases of appeals from and writs of error to the munic- 
 ipal court, conformity to the practice in the circuit court will, 
 in such cases, be "as near as may be." Ax:)peals must be pra3^ed 
 within twenty days after the entry of the order, judgment or 
 decree appealed from, and the supreme court and the appellate 
 courts will only review the decisions of the municipal court in 
 matters of practice when such review is necessary to prevent a 
 failure of justice. 
 
 Fourth. In accordance with section 38, bills of exceptions 
 need not show that erroneous rulings were formally excepted to 
 and will be sufficient though not sealed hy the judge. 
 
 Fifth. The provisions for changes of venue made applicable 
 in the circuit courts will be applicable in the municipal court, 
 excepting those which make a distinction between applications 
 at the first tenn of court and those made at subsequent terms. 
 There being no terms in the municipal court, every application 
 for a change of venue in a case of the second class should, and 
 doubtless will be, treated as though it were one made .it the first 
 terra in a circuit court. This will give the parties a reasonable 
 opportunity to avoid a trial before a judge whom they regard 
 as prejudiced without delaying the trial of the cause which may 
 be had immediately before another judge. (Section 39.)
 
 CHAPTEE in. 
 
 CIVIL CASES OF THE FOURTH AND FIFTH CLASSES 
 IN GENERAL. 
 
 In civil ease^ of the fourth and fifth classes are included all 
 suits at law of a civil nature, when the amount claimed by the 
 plaintiff in money or personal property does not exceed $1,000, 
 and forcible detainer cases. The jurisdiction embraces a large 
 number of cases of which justices of the peace have not been 
 given jurisdiction by law. Among these cases are actions for 
 injuries to the person, including actions for negligence result- 
 ing in personal injuries, assault and battery, slander, false im- 
 prisonment, and malicious prosecution, and qui tarn actions. 
 There is also included in these classes not only all common law 
 cases, but also attachment cases, garnishment cases and distress 
 for rent cases. 
 
 The practice in all civil cases of the fourth and fifth classes 
 in accordance with the provisions of sections 19 and 40 to 48, 
 both inclusive, will be the same as in similar cases in the circuit 
 courts, excepting in the following particulai-s : 
 
 First. Suit will be commenced by the filing by the plaintiff 
 with the clerk of a praecipe for a summons, specifying the 
 names of the parties to the suit^ the amount of the plaintiff's 
 claim and the day at which the summons is to be made return- 
 able, which day must be not less than five (5) nor more than 
 fifteen (15) days from the filing of the praecipe, and a bill 
 of particulars of the plaintiff's claim, which bill of particulars, 
 if the suit be upon a contract, express or implied, will consist 
 of a statement of the account or of the nature of the demand, 
 or, if the suit be for a tort, it will consist of a brief statement 
 of the nature of the tort, and such further information as will 
 reasonably inform the defendant of the nature of the case he 
 is called upon to defend. (Section 40.) 
 
 Second. The summons is to be directed to the bailiff to exe- 
 cute and made returnable at ton o'clock a. m., sharp, of the 
 
 99
 
 100 PRACTICE IN THE MUNICIPAL COURT. 
 
 day for such return specified in the praecipe, and it must state 
 the amount of the plaintiff's claim and be attested in like man- 
 ner as a summons issued out of a circuit court. It is to have 
 printed on it in plain type the provisions of the Municipal Court 
 Act pertaining to defaults in case of the non-appearance of the 
 defendant, and setting of the case for trial in case of appear- 
 ance, and such further information as may be prescribed by the 
 chief justice. (Section 41.) 
 
 Third. Every such summons is to be served, if the defendant 
 be an individual, by delivering to him a copy thereof and in- 
 forming him of its contents, or^ if the defendant be a corpora- 
 tion, service is to be made upon such corporation in the same 
 manner as is now or hereafter may be provided by law for the 
 service of process upon such corporation in a suit at law when 
 issued out of the circuit court. In case the summons is not 
 served upon the defendant three days or more prior to the re- 
 turn day, an alias summons may be issued and a subsequent 
 pluries summons may be issued in any case when the previous 
 alias or pluries summons shall not have been served upon the 
 defendant three days or more prior to the return day fixed in 
 the previous summons, and service of such alias or pluries sum- 
 mons is to be made in the same manner as in the case of an 
 original summons. (Section 42.) 
 
 Fourth. Upon the return of the summons duly served, the 
 plaintiff is to be entitled to judgment as in case of default, un- 
 less the defendant shall either appear in person at the time 
 specified in such summons, or shall, at or before the time fixed 
 in such summons for his appearance, file his appearance in writ- 
 ing in the municipal court. Upon such default the court is to 
 assess the damages after hearing such evidence as the court 
 may deem suiBficient for that purpose. (Section 43.) 
 
 Fifth. In case the defendant shall desire upon the trial to 
 present any set-off or counter-claim, he must file a bill of par- 
 ticulars thereof with his appearance, or within such time there- 
 after as may be allowed by the court. (Section 42.) 
 
 Sixth. It is made the duty of the court at ten o 'clock" a. m., 
 sharp, upon each day upon which the court is open for business, 
 or as soon thereafter as is practicable, to call the cases in which 
 the summonses are then returnable, for the purpose of ascer- 
 taining whether the defendants therein have appeared in per-
 
 FOURTH AND FIFTH CLASS — CIVIL. 101 
 
 Bon or have entered their appearances in writing, and to give 
 such directions with respect to such appearances as the court 
 may find necessary or proper for the information of the par- 
 ties. (Section 43.) 
 
 Seventh. The clerk is to keep on hand and furnish to suitors 
 and attorneys printed blank forms of praecipes, summonses, 
 entries of appearance, affidavits, bonds, attachment writs, re- 
 plevin writs, petitions for changes of venue, and all other pa- 
 pers necessary for the use of the parties to suits in the munic- 
 ipal court. Forms for such papers are to be prescribed by the 
 chief justice, who also, from time to time, is to prepare and 
 cause to be printed forms of bills of particulars to be used in. 
 the court. (Section 44.) 
 
 Eighth. If the defendant appears at the time specified in 
 the summons, or shall have entered his appearance in writing 
 at or before that time, the court is required at that time, or as 
 soon thereafter as practicable, to fix a time for the trial of the 
 case and the case is to be tried at the time fixed or as soon 
 thereafter as the other business of the court will permit. (Sec- 
 tion 45.) 
 
 Ninth. The court is authorized to grant such postponements 
 of the trial and make such other orders in respect thereto as 
 the court may deem proper and necessary for the protection of 
 the rights of the parties, and the failure of the court to try any 
 such case at the time to which the trial has been postponed shall 
 not operate as a discontinuance but the same shall remain under 
 the control of the court until it is finally disposed of. (Section 
 47.) 
 
 Tenth. Other than as above specified there are to be no 
 written pleadings, excepting the affidavits in attachment and re- 
 plevin, copies of the distress warrants in cases of distress for 
 rent, and the complaints in forcible entry and detainer. But 
 the court is authorized to adopt all such rules and regulations 
 as it may deem necessary to enable the parties, in advance of the 
 trial, to ascertain the nature of the plaintiff's claim or claims, 
 or of the defendant's defense or defenses. (Section 40 and 
 Section 48.) 
 
 Eleventh. In attachment cases the plaintiff at the time of the 
 commencement of his suit, and the defendant at the time of his 
 appearance in person or of his entering his appearance in
 
 102 rilACTICE IN THE MUNICIPAL COURT. 
 
 wT'iting-, if he shall desire upon the trial to present any set-off 
 or counter-claim, miLst file a bill of particulars thereof. (Sec- 
 tion 48.) 
 
 Tivelfth. In forcible entry and detainer cases the plaintiff 
 nia^'' unite with his claim for the possession of the property any 
 claim for rent or damages for withholding possession of the same, 
 provided such claim does not exceed one thousand dollars 
 ($1,000). (Section 48.) 
 
 Thirteenth. Suit must be brought and prosecuted in the dis- 
 trict in which the defendant, if there be but one defendant, or 
 one of the defendants, if there be more than one defendant, re- 
 sides or is found, or, if the defendant be a corporation having 
 its principal office in the city of Chicago, in the district in 
 which its principal office is located, but if the defendant be a 
 corporation not having a principal office in the city of Chi- 
 cago, suit may be brought in any district within which service 
 of process may be had upon any officer, agent or employe 
 of such corporation upon whom service of process might be had 
 if issued in a suit commenced in the circuit court. If there is 
 more than one defendant and one defendant resides or is found 
 within the district in which suit is pending, or is properly served 
 "with process therein, process may be served upon the remaining 
 defendant or defendants at any place within the city of Chi- 
 cago. (Section 29.) 
 
 Fourteenth. A suit can only be brought against the city of 
 Chicago, or any other municipal corporation, in the first district, 
 (Section 29.) 
 
 Fifteenth. Attachment suits against non-residents of the 
 state may be brought in any district when any property of 
 the defendant is levied upon within such district or any gar- 
 nishee resides or is found in such district. (Section 29.) 
 
 Sixteenth. Forcible entry and detainer suits in which the de- 
 fendants do not reside or cannot be found within the city of 
 Chicago, may be brought in any district in which the property, 
 the possession of which is sought to be recovered, is situated and 
 ser\T;ce of summons may be had by notice by publication in the 
 manner required by law in cases of attachments in the circuit 
 court. (Section 29.) 
 
 Seventeenth. When suit has been improperly brought in any 
 district, the court is not required to dismiss it, but may cause
 
 FOURTH AND FIFTH CLASS — CIVIL. 103 
 
 it to be transferred to the proper district^ and there be tried 
 and disposed of. And in such case the court may, in its discre- 
 tion, require the plaintiff to pay the costs of the defendant paid 
 by him prior to the transfer, (Section 29.) 
 
 Eighteenth. Whenever a trial by jury is demanded the court 
 may, in its discretion, direct the trial of said case to be had in 
 the first district, and for that purpose may cause the case to be 
 transferred to the first district to be there tried and disposed 
 of. (Section 29.) 
 
 Nineteenth. No case is to be tried by jury unless the plain- 
 tiff at the time he commences his suit, or the defendant at the 
 time he enters his appearance, files with the clerk a demand in 
 writing of a trial by jury, which demand, however, may be with- 
 drawn by the party filing the same at any time before the trial. 
 (Section 30.) • 
 
 Twentieth. All judgments and orders become final after the 
 lapse of thirty (30) days from the entry thereof. During 
 such thirty (30) days they are subject to be vacated, set aside 
 or modified in the same manner and to the same extent as 
 judgments, decrees or orders of the circuit court during the 
 term at which the same were rendered. (Section 21.) 
 
 Twenty-first. In trials by jury the judge presiding at the 
 trial is required to examine or cause to be examined all jurors 
 called into the jury box, with respect to their statutory qual- 
 ifications, and to permit the parties to propound to the jurors 
 such pertinent questions as may be necessary for the purpose 
 of ascertaining whether the jurors are biased or prejudiced. 
 The only rulings of the court with respect to the impaneling 
 of the jury which may be reviewed upon appeal or writ of error 
 are those which are claimed to have improperly restricted the 
 right of the defendant to examine the jurors as to bias or preju- 
 dice, or hy which a challenge by the defendant of a juror for 
 bias or prejudice has been improperly overruled. (Section 31.) 
 
 Twenty-second. Orders in pending cases may be made by 
 any judge at any place within the city of Chicago upon the 
 application of either party and upon reasonable notice to the 
 opposite party whenever, in the opinion of the judge, the 
 granting of the order at such place is in furtherance of justice. 
 Orders thus made are to be as effective as if made in any court 
 room or in the chambers of the judge. (Section 35.)
 
 104 PRACTICE IN THE MUNICIPAL COURT. 
 
 Tiventy-tkird. The order in which cases are to be tried and 
 the classification and distribution of cases upon the different 
 calendars are to be determined by the chief justice, or by such 
 rules as may be adopted by the judges under the provisions of 
 the act. The trial of a case may be advanced by order of the 
 chief justice v^rhenever, in his opinion, circumstances justify 
 it. (Section 8 and Section 36.) 
 
 Twenty-fourth. The charge to the jury in cases to be tried 
 by jury may, in the discretion of the court, be given orally, and 
 when so given it is to be taken down in shorthand and at the 
 request of either party a transcript thereof is to be made and 
 filed in the cause in which the charge is given, and made a part 
 of the record thereof. When an oral charge is given, exceptions 
 thereto will be required to be taken before the jury retire, in 
 order that erroneous statements of the judge as to the law, 
 which are the result of inadvertence, may be then and there cor- 
 rected. The parties will, of course, be permitted to present to 
 the judge, either orally or in writing, requests to charge, which 
 will be duly considered and passed upon by him, and exceptions 
 may be taken to refusals to charge as requested. (Section 37.) 
 
 Twenty-fifth. No application for a change of venue on ac- 
 count of the prejudice of the judge will be allowed when the 
 applicant names in his application more than one judge from 
 whom such change of venue is desired, nor unless such applica- 
 tion for a change of venue is made by petition, as in like cases 
 in the circuit court, and such petition is filed at or before the 
 time of the filing or entering by the defendant of his appear- 
 ance in the suit in which such change of venue is asked for, and 
 in no case is the granting of any change of venue to delay the 
 trial, but the suit is to be tried and disposed of at the time 
 set for the trial, or at the time to which the trial may be post- 
 poned, before some other judge of the court than the one from 
 whom the change of venue has been granted, or in any other 
 district in which the same may be ordered to be tried, and all 
 orders necessary for the setting of the case for trial and for 
 the securing of a speedy trial are to be made by the judge from 
 whom the change of venue has been obtained. (Section 39.) 
 
 Twenty-sixth. At any time before the trial the court may 
 })ermit the filing of interrogatories to be answered by any party 
 to the suit or any person for whose immediate benefit the suit is
 
 FOURTH AND FIFTH CLASS — CIVIL. 105 
 
 prosecuted or defended, or by the directors, officers, superin- 
 tendent or managing agents of any corporation which is a party 
 to the record, at the instance of the adverse party or parties, 
 or any of them, and require an answer under oath to all such 
 interrogatories as the party to be interrogated might be re- 
 quired to answer, if called as a witness upon the trial. The 
 party filing the interrogatories is not to be concluded by the 
 answers thereto if he elects to introduce them or any or either 
 of them upon the trial. (Section 32.) 
 
 Twenty-seventh. Upon the trial any party to tlie suit or any 
 person for whose immediate benefit it is prosecuted or defended, 
 or the directors, officers, superintendent or managing agents of 
 any corporation which is a party to the record, may be exam- 
 ined, as if under cross-examination, at the instance of the ad- 
 verse party or parties, or any of them, and for that purpose may 
 be compelled in the same manner and subject to the same rules 
 for examination as any other witness, to testify; but the party 
 calling for such examination is not to be concluded thereby but 
 may rebut the testimony thus given by counter testimony. (Sec- 
 tion 33.) 
 
 Twenty-eighth. Upon the hearing of any interlocutory or 
 other motion or application, other than one for a change of 
 venue, the court may, in its discretion, require the evidence to be 
 presented by the oral examination of witnesses in open court or 
 otherwise, and may make all necessary orders for such oral 
 examination. (Section 34.) 
 
 Twenty-ninth. If, in any case, the method of procedure in 
 vogue in the circuit court is, in the opinion of the judges of the 
 municipal court, not applicable and no special provision is made 
 therefor in the Municipal Court Act, the court may, in con- 
 ducting and disposing of the same, adopt such method as may 
 appear to be proper for the just determination of the rights of 
 the parties. (Section 51.) 
 
 Thirtieth. A money judgment, when no execution issued 
 thereon is outstanding, may be satisfied by the payment, by the 
 party against whom the same has been rendered, of the amount 
 thereof to the clerk. (Section 53.) 
 
 Thirty-first. The court will take judicial notice, first, of all 
 general ordinances of the city of Chicago and of all general 
 ordinances of every municipal corporation situated in whole or
 
 106 PRACTICE IN THE MUNICIPAL COURT. 
 
 in part within the limits oi: the city of Chicago ; and, second, 
 of all laws of a public nature enacted by any state or territory 
 of the United States. (Section 54.) 
 
 Thirty-second. The records in all such cases will be kept iu 
 an abbreviated form. (Section 62.) 
 
 Thirty-third. Judgments will only be liens upon real es- 
 tate from the time of the filing of a certified transcript thereof 
 in the office of the recorder of Cook county, containing the 
 names of the parties to the suit, the kind of action, the amount 
 of the judgment and the date upon which the same was ren- 
 dered. (Section 64.) 
 
 Thirty-fourth. Final orders and judgments are to be review- 
 ed by writ of error only, which is to be sued out of the supreme 
 court in all cases in which a franchise, a freehold or the valid- 
 ity of a statute, or the construction of the constitution is in- 
 volved, and out of the appellate court in all other cases. (Sec- 
 tion 23.) 
 
 Thirty-fifth. The time within which a writ of error may be 
 sued out is limited to thirty days after the entry of the final 
 order or judgment complained of. (Section 23.) 
 
 Thirty-sixth. A stay of execution may be obtained from the 
 municipal court for the period of ninety days upon the giving 
 of a bond, but no other or further stay of proceedings or execu- 
 tion is to be allowed by the municipal court. The supreme court 
 or appellate court, however, may allow a supersedeas as in other 
 cases. (Section 23.) 
 
 Thirty-seventh. If, upon application to the supreme court or 
 appellate court or to any judge thereof for a supersedeas, the 
 same is denied, the order or judgment is to stand affirmed, and 
 no other proceedings are to be had in the supreme court or ap- 
 pellate court, unless the court, or the judge denying the super- 
 sedeas, otherwise orders. (Section 23.) 
 
 Thirty-eighth. The party in whose favor a final order or 
 judgment has been entered may sue out a writ of error from the 
 supreme court qr appellate court by depositing with the clerk 
 of the court from which the writ is sued out the sum of twenty 
 dollars ($20) as security to the opposite party for such costs as 
 may be awarded such opposite party upon the final determina- 
 tion of the writ of error. (Section 23.) 
 
 Thirty-rAnth. The service of a scire facias to hear errors is
 
 FOURTH AND FIFTH CLASS — CIVIL. 107 
 
 to be dispensed with. In lieu thereof the party suing out a writ 
 of error, within five days after the issuance thereof, is to file 
 the same with the clerk of the municipal court, and make to the 
 supreme court or the appellate court, as the case may be, 
 proof of such filing. And such writ of error so filed is to be no- 
 tice to the opposite party of the suing out and prosecution of 
 the writ of error, (Section 23.) 
 
 Fortieth. There is to be no bill of exceptions in any such 
 case. In lieu thereof the judge before whom the final order or 
 judgment is entered is to sign and place on file, either a correct 
 statement, to be prepared by the party requesting the signing 
 of the same, of the facts appearing upon the trial thereof and of 
 all questions of law involved in such case, and the decisions of 
 the court upon said questions of law, or a correct stenographic 
 report, the expense of procuring which shall be paid b^^ the 
 party requesting the signing of the same, of the proceedings 
 at the trial as such party may elect. The original of this state- 
 ment or stenographic report, together with a certified transcript 
 of the judgment, is to be certified to the supreme court or appel- 
 late court, as the record to be considered upon the review of such 
 order or judgment by writ of error. (Section 23.) 
 
 Forty-first. No order or judgment sought to be reviewed is 
 to be reversed unless the supreme court or the appellate court 
 shall be satisfied from said statement or stenographic report 
 that the order or judgment is contrary to the law and the evi- 
 dence, or that such order or judgment resulted from substantial 
 errors of the municipal court directly affecting the matters at 
 issue between the parties, in which last mentioned case the su- 
 preme court or appellate courtj as the case may be, may enter 
 such order or judgment as, in its opinion, the municipal court 
 ought to have entered, or it may reverse the order or judgment 
 and remand the case to the municipal court for further proceed- 
 ings. (Section 23.) 
 
 Forty-second. No assignment of error in the supreme court 
 or in the appellate court is to be allowed which shall call in 
 question the decision of the municipal court in respect to any 
 matter pertaining to the practice therein; nor shall any excep- 
 tions to the rulings and decisions of the municipal court upon 
 the trial be necessary to the right of either party to a review 
 of such rulings and decisions in the supreme court or the ap-
 
 108 PRACTICE IN THE MUNICIPAL COURT. 
 
 pellate court upon their merits. But it shall be the duty of the 
 supreme court or the appellate court, as the case may be, to 
 decide such case upon its merits as they may appear from such 
 statement or stenographic report signed by the judge. But the 
 supreme court or appellate court may grant relief from any 
 error of the municipal court in respect to a matter of practice 
 in any case where, in the opinion of the supreme court or the 
 appellate court, such relief is necessary to prevent a failure 
 of justice. (Section 23.)
 
 CHAPTER IV. 
 
 THE GENERAL PRACTICE ACT AS MODIFIED BY THE 
 MUNICIPAL COURT ACT. 
 
 The differences between the practice in civil cases of the first, 
 second, fourth and fifth classes in the municipal court and the 
 practice in similar cases in the circuit court having been thus 
 pointed out in a general way in the three preceding chapters, 
 a comparison between the practice in the two courts will now 
 be further illustrated by rewriting the General Practice Act 
 so as to show the changes made by the Municipal Court Act. 
 The latter act provides, as follows : 
 
 "Section 19. That until otherwise determined in the man- 
 ner hereinafter provided, and except as by this act is otherwise 
 prescribed, the practice in the municipal court shall be the same, 
 as near as may be, as that which is now prescribed by law for 
 similar suits or proceedings in circuit courts, excepting that, in 
 cases of the fourth class and cases of the fifth class mentioned 
 in section two (2) of this act, the issues shall be determined with- 
 out other forms of written pleadings than those hereinafter ex- 
 pressly prescribed or provided for. Said municipal court shall 
 be the sole judge of the applicability to the proceedings of said 
 court of the rules of practice prescribed by law for similar cases 
 in the circuit courts and its decisions in respect thereto shall not 
 be subject to review upon appeal or writ of error; Provided, 
 however, that upon appeal or writ of error the supreme court, 
 or the appellate court, as the case may be, may grant relief from 
 any such decision in any case where, in the opinion of the su- 
 preme court or appellate court, such relief is necessary to pre- 
 vent a failure of justice." 
 
 Making in the General Practice Act the changes expressly 
 made by the Municipal Court Act and such further changes as 
 are rendered necessary by the differences between the organiza- 
 tion of the circuit court and that of the municipal court and the 
 
 109
 
 110 PRACTICE IN THE MUNICIPAL COURT. 
 
 fact that the latter court has no terms, the practice act will read 
 as follows: 
 
 (The references in parentheses at the end of any section arc to 
 the sections of the Municipal Court Act by uhich changes are 
 made.) 
 
 Section 1. That the first process in all actions at law to be 
 hereafter commenced in or transferred to the municipal court, 
 excepting attachment suits, replevin suits and actions where 
 special bail may be required, shall be a summons; which sum- 
 mons shall be issued under the seal of the court, attested in the 
 name of the clerk, dated on the day it shall be issued and signed 
 with his name, and shall, excepting when it is to be served out- 
 side of the city of Chicago, be directed to the bailiix (or, if he 
 is interested in the suit, to the coroner of Cook comity), and 
 shall be made returnable upon some Monday, at least ten days 
 and not more than thirty days, after the date thereof, if the case 
 is one of the first class or of the second class, or at ten o'clock 
 A. M., sharp, of some day not less than five nor more than fifteen 
 days from the filing of the praecipe, if the case be one of the 
 fourth class or of the fifth class. 
 
 (Sections 16, 28 and 40.) 
 
 Section 2. No suit of the first class other than an attach- 
 ment suit shall be commenced in the municipal court uuIcrs the 
 defendant, if there be but one defendant, resides or is found 
 within the city of Chicago, or, if the defendant be a corporation, 
 unless its principal office is within said city; but if the defend- 
 ant be a corporation not having a principal office in the city of 
 Chicago, such suit may be brought in the municipal court when- 
 ever ser\aee of process may be had within the city upon any 
 officer, agent or employe of such corporation, mentioned in sec- 
 tion 5 hereof. When there are several defendants in a case 
 of the first class or of the second class, one of whom resides or 
 is found in the city of Chicago, a summons or writ may be is- 
 sued to the sheriff of Cook county for any defendant residing in 
 said county, but outside of the city of Chicago, or to the sheriff 
 of any other county for any defendant residing in such county, 
 and service of any summons or writ so issued shall be made in 
 the same manner as herein required in the ease of a summons or 
 writ directed to the bailift': ProvkJed, however, that no JTidg-
 
 PRACTICE ACT REWRITTEN. Ill 
 
 ment shall, in any such ease, be rendered against any defendant 
 served with process outside of the city of Chicago, unless judg- 
 ment be also rendered against a defendant served within said 
 city of Chicago. Cases of the fourth class and of the fifth class, 
 other than attachment suits and forcible entry and detainer 
 suits, must be brought and prosecuted in the district in which 
 the defendant, if there be but one defendant, or one of the de- 
 fendants, if there be more than one defendant, resides or is 
 found, or if the defendant be a corporation having its principal 
 office in the city of Chicago, in the district in w^hich its principal 
 office is located ; but if the defendant be a corporation not hav- 
 ing a principal office in the city of Chicago, suit may be brought 
 in any district within which service of process may be had upon 
 any officer, agent or employe of such corporation, mentioned in 
 section 5 hereof. If, in any such case, there is more than one 
 defendant and one defendant resides or is found within the 
 district in which suit is brought, or is properly served with 
 process therein, the process of the municipal court may be 
 served upon the remaining defendant or defendants at any place 
 v\'ithin the city of Chicago ; but no suit shall be brought against 
 the city of Chicago or any municipal corporation in any other 
 than the first district. (Sections 28 and 29.) 
 
 Section 3. The municipal court shall have jurisdiction of an 
 action commenced by an individual against any insurance com- 
 pany, either incorporated by any law of this state or doing bus- 
 iness in this state, only when service of process may be had with- 
 in the city upon an officer, agent or employe of such corporation 
 
 mentioned in .section 5 hereof. 
 
 (Sections 28 and 29.) 
 
 Section 4. It shall be the duty of the bailifl', sheriff or coi-o- 
 ner, to serve the process of summons or capias, when it shall 
 ])e practicable, five days before the return day thereof, if the 
 case is one of the first class or of the second class, or three 
 days before the return day thereof if the case is one of the fourth 
 class or one of the fifth class, and to make return of such pro- 
 cess to the clerk bj'^ or on the return day with an endorsement 
 of his service, the time of serving it and the amount of his fees: 
 Provided, that when process shall have been direct-ed to a for- 
 eign county the officer executing the same may make return
 
 112 PRACTICK IN THE MUNICIPAL COURT. 
 
 thereof by mail and the clerk may charge the postage and tax 
 the amount in his fee bill. Every summons, when the defendant 
 is an individual, shall be served by delivering to him a copy 
 thereof and informing him of its contents. 
 
 (Sections 28 and 42.) 
 
 Section 5. An incorporated company may be served with 
 process by leaving a copy thereof with its president, if he can 
 be found in the city of Chicago, or if he shall not be found in 
 the city of Chicago, then by leaving a copy of the process with 
 any clerk, secretary, superintendent, general agent, cashier, 
 principal, director, engineer, conductor, station agent, or any 
 agent of said company found in the city of Chicago. 
 
 (Sections 28, 29 and 42.) 
 
 Section 6. Process against Cook county may be served by 
 leaving a copy thereof with the president or clerk of the board 
 of county commissioners. 
 
 Section 7. In suits against the city of Chicago process may 
 be served by leaving a copy thereof with the mayor or city 
 clerk. 
 
 Section la. The receiver or receivers of any incorporated 
 company may be served with process by delivering a copy or 
 copies thereof to such receiver or receivers, and informing him 
 or them of the contents thereof. 
 
 (Sections 28 and 42.) 
 
 Section 8. If, in any case of the first class or of the second 
 class, it shall not be in the power of the bailiff, sheriff or coro- 
 ner to serve a summons or capias five days before the return 
 day thereof, he may execute the same at any time before or on 
 the return day ; but if the summons be not served five days be- 
 fore the return day thereof the defendant shall not be required 
 to plead to the declaration or complaint until on or before the 
 second Monday after such return day. If, in any case of the 
 fourth class or of the fifth class, it shall not be in the power 
 of the bailiff or coroner to serve a summons or capias three days 
 or more prior to the return day thereof, the bailiff or coroner 
 shall return the same ^\ath his endorsement thereon showing that 
 he was unable to serve the same upon the defendant three days 
 or more prior to the return day thereof.
 
 PRACTICE ACT REWRITTEN, 113 
 
 Section 9, Whenever it shall appear by the return of the 
 bailiff, sheriff or coroner, that the defendant in any case of the 
 first class or of the second class, is not found, or that any de- 
 fendant in a case of the fourth class or of the fifth class was 
 not served three days or more prior to the return day of the 
 summons, the clerk at the request of the plaintiff shall issue 
 another summons or capias, as the case may be, and so on until 
 service is had. 
 
 (Sections 28 and 42.) 
 
 Section 10. If a summons or capias is served on one or 
 more, but not on all, of the defendants, the plaintiff may pro- 
 ceed to trial and judgment against the defendant or defendants 
 on whom the process is served, and the plaintiff may, at any 
 time afterwards, have a summons, in the nature of a scire facias 
 against the defendant not served with the first process, to cause 
 him to appear in said court, and show cause why he should not 
 be made a party to such judgment; and upon such defendant 
 being duly served with such process, the court shall hear and de- 
 termine the matter in the same manner as if such defendant had 
 been originally summoned or brought into court, and such de- 
 fendant shall also be allowed the benefit of any payment or sat- 
 isfaction which may have been made on the judgment before re- 
 covered, and the judgment of the court against such defendant 
 shall be that the plaintiff recover against such defendant, to- 
 gether with the defendant in the former judgment, the amount 
 of this debt or damages, as the case may be. Such scire facias 
 shall be made returnable and shall be served in the same manner 
 as is provided by law for a summons in a ease of the class to 
 which such suit belongs. 
 
 (Sections 28 and 42.) 
 
 Section 12. When several joint debtors are sued and any 
 one or more of them shall not be served with process, the pen- 
 dency of such suit or the recovery of a judgment against the 
 parties served shall be no bar to a recovery on the original cause 
 of action against such as are not served, in any suit which may 
 be brought against them in any other place than where the first 
 suit is brought. This section shall not be so construed as to 
 allow more than one satisfaction. 
 
 8
 
 114 PRACTICE IN THE MUNICIPAL COURT. 
 
 Section 13. If the bailiff or any sheriff or coroner to whom 
 any summons, capias, or subpoena, shall be delivered, shall neg- 
 lect or refuse to make return of the same before or on the re- 
 turn day of such process, the plaintiff may enter a rule requir- 
 ing said bailiff, sheriff or coroner to make return of such process 
 on the day to be fixed by the court, or to show cause on that day 
 why he should not be attached for a contempt of court; and the 
 plaintiff shall, thereupon, cause a written notice of such rule 
 to be served on such bailiff, sheriff or coroner; and if good and 
 sufficient cause be not shown to excuse such officer, the court 
 shall adjudge him guilty of contempt, and shall proceed to pun- 
 ish such officer as in other cases of contempt. 
 
 Section 14. The clerk of the municipal court shall, in any 
 case pending therein, issue, from time to time, such subpoenas 
 for Avitnesses as may be required by either party, and such sub- 
 poenas may be issued either to the city of Chicago or to aliy 
 county or counties in the state; and if the clerk shall refuse so 
 to do he shall be fined, at the discretion of the court, in any sum 
 not exceeding $100. 
 
 Section 17. The chief justice shall superintend the prepa- 
 ration of the calendars of cases for trial and shall make such 
 classification and distribution of the same upon different calen- 
 dars as he shall deem proper and expedient. Cases shall be 
 tried in such order and the calendars of cases shall be so ar- 
 ranged as may be determined by the chief justice or by the rules 
 of the court adopted as provided by the Municipal Court Act. 
 
 (Sections 8 and 36.) 
 
 Section 18. If, in any case of the first class, the plaintiff 
 shaU not file his declaration, together with a copy of the in- 
 strument of writing or account on which the action is brought, 
 in case the same be brought on a written instrument or account 
 within five daj's after the commencement of the suit, the suit 
 shall be dismissed unless the court, by an order entered in said 
 suit, shall extend the time for filing such declaration. 
 
 (Section 28.) 
 
 Section 18a. Every case of the fourth class and every case 
 of the fifth class shall be commenced by the filing by the plain- 
 tiff with the clerk of a praecipe for a summons, specifying
 
 PRACTICE ACT REWRITTEN. 115 
 
 the uanios of the parties to the suit, the amount of the plaintiff's 
 claim and the day at which the summons shall be made return- 
 able, which day shall not be less than five (5) days nor more 
 than fifteen (15) days from the filing of the praecipe, and a bill 
 of particulars of the plaintiff's claim., which bill of particulars, 
 if the suit be upon a contract, expressed or implied, shall eon- 
 tain a statement of the account or the nature of the demand, or, 
 if the suit be for a tort, it shall consist of a brief statement of 
 the nature of the tort, and such further information as will rea- 
 sonably inform the defendant of the nature of the case he is 
 called upon to defend, but nothing herein contained shall be 
 construed to require the bill of particulars in any action for a 
 tort to set forth the cause of action with the particularity re- 
 quired in a declaration at common law. In cases of the fourth 
 class and in cases of the fifth class the municipal court may- 
 adopt such rules and regulations as it may deem necessary to 
 enable the parties, in advance of the trial, to ascertain the na- 
 ture of the plaintiff's claim or claims, or of the defendant's 
 defence or defences. 
 
 (Section 40.) 
 
 Section 18&. Upon the filing of such praecipe and bill of 
 particulars the clerk of the municipal court shall issue a sum- 
 mons to the defendant, directed to the bailiff to execute, and re- 
 turnable at ten o'clock, a. m., sharp, of the day for such return 
 specified in the praecipe, which summons shall state the amount 
 of the plaintiff' 's claim, and shall be attested in the manner pro- 
 vided in section 1 hereof. Upon every such summons there shall 
 be printed in plain type the provisions of the law pertaining to 
 defaults in the municipal court in ease of the non-appearance of 
 the defendant, and setting of the case for trial in case of appear- 
 ance, and such further information as may be prescribed by the 
 chief justice. 
 
 (Section 41.) 
 
 Section 18g. Upon the return of any such summons duly 
 served upon the defendant, the plaintiff' shall be entitled to 
 judgment, as in case of default, unless the defendant shall either 
 appear in person at the time specified in such summons, or shall, 
 at or before the time fixed in such summons for his appeai'ance, 
 file his appearance in wanting in the municipal court. Upon such
 
 116 PRACTICE IN THE MUNICIPAL COURT. 
 
 default the court shall assess the damages after hearing such 
 evidence as the court may deem sufficient for that purpose. 
 In case the defendant shall desire upon the trial to present any 
 set-off or counter-claim, he shall file a bill of particulars thereof 
 with his appearance: Provided, however, the court may, in 
 its discretion extend the time for the filing of such bill of par- 
 ticulars. It shall be the duty of the court at ten o'clock, a, m., 
 sharp, of each day upon which the court is open for business, 
 or as soon thereafter as is practicable, to call the cases in 
 Avhich the summonses are then returnable, for the purpose of 
 ascertaining whether the defendants therein have appeared in 
 person or have entered their appearances in writing, and to give 
 such directions with respect to such appearances as the court 
 may find necessary or proper for the information of the parties. 
 
 (Section 43.) 
 
 Section 18^?. If, in any case of the fourth class or in any 
 case of the fifth class, the defendant shall appear at the time 
 specified in the summons, or shall have entered his appearance 
 in writing at or before the time so specified, the court shall, at 
 such time, or as soon thereafter as practicable, fix a time for the 
 trial thereof and such case shall be tried at the time so fixed or 
 as soon thereafter as the other business of the court will per- 
 mit. 
 
 (Section 45.) 
 
 Section 19. Any deed, bond, note, covenant, or other instru- 
 ment under seal (except penal bonds) may be sued and aeclared 
 upon or set off as heretofore, or in any form of action in 
 which such instrument might have been sued and declared upon 
 or set off, if it had not been under seal, and demands upon sim- 
 ple contracts may be set off against demands upon sealed in- 
 struments, judgments or decrees. 
 
 Section 20. It shall not be necessary, in any pleading, to 
 make profert of the instrument alleged; but in any action or 
 defence upon an instrument in writing, whether under seal or 
 not, if the same is not lost or destroyed, the opposite party may 
 have oyer thereof, and proceed therein in the same manner as 
 if profert had been properly made according to the common, 
 law.
 
 PRACTICE ACT REWRITTEN. 117 
 
 Section 21. In suits of the first class, or of the second class 
 brought on penal bonds conditioned for the performance of 
 covenant, the plaintiff shall set out the conditions thereof and 
 may assign in his declaration as many breaches as he may 
 think fit; and the jury, whether on trial of the issue or of in- 
 quiry, shall assess the damages for so many breaches as the 
 plaintiff shall prove, and the judgment for the penalty shall 
 stand as a security for such other breaches as may afterwards 
 happen, and the plaintiff may, at any time afterwards, sue out 
 a writ of inquiry to assess damages for the breach of any cove- 
 nant or covenants contained in such bond, subsequent to the 
 former trial or inquiry; and whenever execution shall be issued 
 on such judgment, the clerk shall endorse thereon the amount 
 of damages assessed by the jury, with the costs of suit, and the 
 bailiff or coroner shall only collect the amount so endorsed: 
 Provided, that in all cases where a writ of inquiry of damages 
 shall be issued for any such breaches subsequent to the first trial 
 or inquiry, the defendant, or his agent or attorney, shall have at 
 least ten days' notice in writing, of the time of executing the 
 same. 
 
 Section 22. The distinctions betAveen the actions of "tres- 
 pass" and "trespass on the case" are hereby abolished; and in 
 all cases where trespass or trespass on the case has been hereto- 
 fore the appropriate form of action, either of said forms may 
 be used, as the party bringing the action may elect. 
 
 Section 23. Counts in trover and replevin may be joined in 
 the same action. 
 
 Section 24. At any time before final judgment in a civil 
 suit amendments may be allowed on such terms as are just and 
 reasonable, introducing any party necessary to be joined as 
 plaintiff or defendant, discontinuing as to any joint plaintiff 
 or joint defendant, changing the form of the action, and 
 in any matter, either of form or substance, in any process, plead- 
 ing or proceeding which may enable the plaintiff to sustain the 
 action for the claim for which it was intended to be brought or 
 the defendant to make a legal defence. The adjudication of the 
 court allowing an amendment shall be conclusive evidence of the 
 identity of the action.
 
 118 PRACTICE IN THE MUNICIPAL COURT. 
 
 Section 25. In case another defendant is added, summons 
 may issue against such defendant, which summons, if in a case of 
 the first class or of the second class, shall be returnable on 
 some JMonday at least ten days and not more than thirty days 
 after the date thereof, and, if in a case of the fourth class 
 or of the fifth class, at ten o'clock, a. m., sharp, of some day 
 not less than five nor more than fifteen days from the issuance 
 thereof, and such defendant may be proceeded against in the 
 same manner as if he had been made a defendant at the com- 
 mencement of the suit. 
 
 (Sections 28 and 40.) 
 
 Section 26. No amendment shall be cause for the postpone- 
 ment of the trial unless the party affected thereby, or his agent 
 or attorney, shall make affidavit that in consequence thereof 
 he is unprepared to proceed to or with the trial of the cause, 
 at the time at which it would otherwise be subject to trial, stat- 
 ing in such affidavit what particular facts the party expects 
 to prove by such evidence, and that he verily believes that if the 
 trial of the cause be postponed he will be able to procure the 
 same hy the time to be specified in such affidavit: Provided, 
 that if the court is satisfied that such evidence would not be ma- 
 terial on the trial of the cause, or if the other party will admit 
 the affidavit in evidence subject to the effect given to affidavits 
 for a postponement in section 45 hereof, the cause shall not be 
 
 postponed. 
 
 (Section 21.) 
 
 Section 27. It shall not be necessary to file a declaration 
 in any scire facias to revive a judgment in the municipal court. 
 In any such case where the plaintiff' in the judgment sought 
 to be revived or his attorney, shall file an affidavit in the office 
 of the clerk of the municipal court, showing that the defendant 
 in the scire facias resides or has gone out of the state, or is con- 
 cealed within the state, so that process cannot be served on him, 
 and stating the place of residence of such defendant, if known, 
 or that on due inquiry his place of residence cannot be ascer- 
 tained; then, in such case, notice to the defendant may be given 
 by publication and mail in the same manner as is provided by 
 statute for notice in like cases in chancery : Provided, however, 
 that the notice published, in lieu of stating the time of the re-
 
 PRACTICE ACT REWRITTEN. 119 
 
 turn of the scire facias, shall state the date on or before which 
 the defendant is required to appear, which date shall be some 
 Llonday not less than forty nor more than sixty days after the 
 date of the first publication of notice. 
 
 (Section 28.) 
 
 Section 28. The defendant in a case of the first class or of 
 the second class, shall, in case he shall have been served with 
 process of summons, or with the writ, five days or more prior 
 to the return day thereof, demur or plead to the declaration or 
 the complaint on or before the Monday succeeding such return 
 day; but in case the summons or writ shall have been served 
 less than five days prior to the return day, the defendant shall 
 not be required to plead to the declaration or complaint until 
 on or before the second Monday after such return day. In case 
 the time for filing the declaration or complaint shall be extended 
 by the court, the time for the defendant to demur or plead to 
 the same shall be extended until the second Monday succeeding 
 the expiration of such extension of time. The time within which 
 the defendant is required to demur or plead may be extended 
 by the court in its discretion. In cases of the fourth class and 
 in eases of the fifth class, the defendant, unless he shall desire 
 upon the trial to present a set-off or counter-claim, shall not 
 be required to file any written pleadings. 
 
 (Sections 28, 40 and 43.) 
 
 Section 29. The defendant in any case of the first class or of 
 the second class, may plead as many matters of fact in several 
 pleas as he may deem necessary for his defense, or may plead 
 the general issue and give notice in writing under the same of 
 the special matters intended to be relied on for a defense at the 
 trial ; under which notice, if adjudged by the court to be suffi- 
 ciently clear and explicit, the defendant shall be permitted to 
 give evidence of the facts therein stated, as if the same had been 
 specially pleaded and issue taken thereon. 
 
 Section 30. The defendant in any action brought upon any 
 contract or agreement, either expressed or implied, having 
 claims or demands against the plaintiff in such action, may, in 
 any case of the first class or of the second class, plead the same, 
 or give notice thereof, under the general issue, or under the plea
 
 120 PRACTICE IN THE MUNICIPAL COURT. 
 
 of payment, and, in a case of the fourth class or of the fifth 
 class, may file a bill of particulars thereof with his appearance 
 or thereafter within such time as the court may, in its dis- 
 cretion, allow therefor, and the same, or such part thereof as 
 the defendant shall prove on trial, shall be set off and allowed 
 against the plaintiff's demand, and a verdict shall be given for 
 the balance due. And if it shall appear that the plaintiff is 
 indebted to the defendant the jury shall find a verdict for the 
 defendant, and certify to the court the amount so found; and 
 the court shall give judgment in favor of such defendant, with 
 the cost of his defence. If the cause is tried by the court the 
 finding and judgment shall be in like manner. 
 
 (Sections 19, 28, 43 and 45.) 
 
 Section 31. When such plea or notice of set-off shall have 
 been interposed in a case of the first class or of the second class, 
 or when such bill of particulars shall have been filed by the 
 defendant in a case of the fourth class or in a case of the fifth 
 class, the plaintiff shall not be permitted to dismiss his suit 
 without the consent of the defendant, or leave of the court. 
 
 (Sections 19 and 40.) 
 
 Section 32. If the defendant shall plead or give notice of 
 any set-off in a case of the first class or of the second class, or 
 shall file a bill of particulars of a set-off in a case of the fourth, 
 class or in a case of the fifth class, he shall file with such 
 plea or notice, or bill of particulars, a copy of the instrument 
 or account upon which he intends to rely. 
 
 Section 33. Whenever, in a ease of the first class or of the 
 second class, it shall become necessary for the attainment of 
 justice, to allow a plaintiff to reply several matters to the plea 
 of a defendant, or to allow a defendant to rejoin several mat- 
 ters to the replication of a plaintiff, the court, on the special 
 application of the party desiring so to reply or rejoin, may allow 
 the same to be done. 
 
 Section 34. No person shall be permitted to deny, on trial, 
 the execution or assignment of any instrument in writing, 
 whether sealed or not, upon which any action may have been 
 brought, or which shall be pleaded or set up by way of defence.
 
 PRACTICE ACT REWRITTEN. 121 
 
 or is admissible under the pleadings or bill of particulars when 
 a copy is filed, unless the party so denying the same shall, if a 
 defendant in a case of the first class or of the second class, 
 verify his plea by affidavit, or, if a plaintiff in a case of the 
 first class or of the second class or a plaintiff or defendant in a 
 case of the fourth class or in a case of the fifth class, shall file 
 his affidavit denying the. execution or assignment of such instru- 
 ment: Provided, if the party making such denial be not' the 
 party alleged to have executed or assigned such instrument, the 
 denial may be made on the information and belief of such 
 party. 
 
 (Sections 19 and 40.) 
 
 Section 35. In trials of actions upon contracts, expressed or 
 implied, where the action is brought by partners, or by joint 
 payees or obligees, it shall not be necessary for the plaintiff, in 
 order to maintain any such action, to prove the co-partnership 
 of the individuals named in such action, or to prove the christian 
 or surnames of such partners, or joint payees or obligees; but 
 the names of such co-partners, joint payees or obligees, shall be 
 presumed to be truly set forth in the declaration in a case of the 
 first class or of the second class, or in the praecipe or bill of par- 
 ticulars in a case of the fourth class or of the fifth class: Pro- 
 vided, that nothing herein contained shall prevent the defendant 
 in any such action from pleading in abatement as heretofore, 
 or of proving, on the trial, either that more persons ought to 
 have been plaintiffs, or that more persons have been made 
 plaintiffs than have a legal right to sue, or that the christian 
 or surname is other and different from the one stated in the 
 declaration or praecipe or bill of particulars. 
 
 (Sections 19 and 40.) 
 
 Section 36. In actions upon contracts, expressed or implied, 
 against two or more defendants as partners or joint obligors 
 or payors, whether so alleged or not, proof of the joint liabil- 
 ity or partnership of the defendants, or christian or surnames, 
 shall not, in the first instance, be required to entitle the plaintiff 
 to judgment, unless such proof shall be rendered necessary by 
 pleading in abatement, or unless the defendant shall file, if the 
 case be one of the first class or one of the second class, a plea in 
 bar verified by affidavit, or, if the case be one of the fourth
 
 122 PRACTICE IX THE IIUNICIP-U. COURT. 
 
 class or one of the fifth class, an affidavit, denying the part- 
 nership or joint liability or the execution of the instrument 
 sued upon. (Sections 19 and 40.) 
 
 Section 37. If the plaintiff in any suit upon a contract, ex- 
 pressed or implied, for the payment of money, shall file with his 
 declaration, if the case be one of the first class or of the second 
 class, or with his bill of particulai-s, if the case be one of the 
 fourth class or one of the fifth class^^ an affidavit showing the 
 nature of his demand and the amount due him from the defend- 
 ant, after allowing to the defendant all his just credits, deduc- 
 tions and set-offs, if any, he shall be entitled to judgment as 
 in case of default, unless the defendant, or his agent or attor- 
 ney, if the defendant is a resident of the city of Chicago, shall 
 file with his plea, if the case be one of the first class or of the 
 second class, or Vv-ith his entry of appearance, if the case be 
 one of the fourth class or one of the fifth class, an affidavit 
 stating that he verily believes he has a good defence to said 
 suit, upon the merits io the whole or a portion of the plaintiff's 
 demand, and if a portion, specifying the amount (according to 
 the best of his judgment and belief). Upon good cause shown, 
 the time for filing such alfidavit may be extended for such 
 reasonable time as the court shall order. No afSdavit of merits 
 need be filed with a demurrer or motion: Provided, that this 
 section shall not apply to any case where an executor or admin- 
 istrator shall defend in behalf of an estate ; and, provided, fur- 
 ther, that if the plaintiff, his agent or attorney, shall file an 
 affidavit stating that affiant is taken hy surprise by such plea 
 and affida^dt of merit, or by such affidavit of merit, and that he 
 believes that plaintiff has testimony to support his claim against 
 the defendant, which he cannot produce at the time at which 
 otherwise said cause would be subject to trial, but expects to 
 produce such testimony within a reasonable time to be speci- 
 fied in such affidavit, the court shall postpone the trial of such 
 cause for such time as the court may, in consideration of all 
 the circumstances, deem reasonable. 
 
 (Sections 19 and 40.) 
 
 Section 38. When any part of the demand is upon an ac- 
 count, and the defendant shall suffer default for want of an 
 affidavit of merits, or for non-appearance, or for nil dicif, the
 
 PRACTICE ACT REWRITTEN. 123 
 
 affidavit so filed with the declaration or bill of particulars may 
 be taken as prima facie evidence of the amount due upon such 
 account; but the court may require further evidence. 
 
 (Sections 19 and 40.) 
 
 Section 39. The court may give judgment by default against 
 a defendant in a case of the first class or of the second class, if 
 he shall have been served with process of summons or with the 
 writ five days or more prior to the return day thereof aiid 
 .shall not have demurred or pleaded to the declaration or com- 
 plaint on or before the Monday succeeding such return day: 
 Provided, hovv'ever, that in case the summons or writ shall have 
 been served less than five days prior to the return day, the 
 defendant shall not be defaulted unless he shall have failed to 
 plead to the declaration or complaint on or before the second 
 Monday after sncli return day ; or in case the time for filing the 
 declaration shall have been extended by the court, unless the 
 defendant shall have failed to demur or plead to the declaration 
 on or before the second Monday succeeding the expiration 
 of such extension of time; or in case the time within which the 
 defendant is required to demur or plead shall be extended by 
 the court, unless the defendant shall have failed to demur 
 or plead within the time provided for by such extension. In a 
 case of the fourth class or of the fifth class the defendant shall 
 ])e entitled to a judgment as in case of default, unless the de- 
 fendant shall either appear in person at the time specified in 
 such summons or shall, at or before the time fixed in such sum- 
 mons for his appearance, file his appearance in WTiting. 
 
 (Sections 28, 43 and 45.) 
 
 Section 40. The court may, in its discretion, before final 
 judgment, set aside any default and may set aside any final 
 order or judgment within thirty days after the entry thereof 
 upon good and sufficient cause, upon affidavit, upon such term.s 
 and conditions as shall be deemed reasonable. 
 
 (Sections 19 and 21.) 
 
 Section 41. In all suits in the municipal court upon default, 
 when the damages are to be assessed, it shall be lawful for the 
 court to hear the evidence and assess the dajnages without a 
 jury for that purpose. In all cases where interlocutory judg*
 
 124 PRACTICE IN TUE MUNICIPAL COURT. 
 
 ment shall be given in any action brought upon a penal bond 
 or upon any instrument of writing, for the payment of money 
 only, and the damages rest in computation, the court may refer 
 it to the clerk to assess and report the damages and may enter 
 judgment therefor: Provided, that either party may have the 
 damages assessed by a jury. 
 
 Section 42. Every suit at law in the municipal court, other 
 than a case of the second class or a ease of the third class, shall 
 be tried hy the court without a jury, unless the plaintiff at the 
 time he conunences his suit, or the defendant at the time he en- 
 ters his appearance, shall file with the clerk a demand in writ- 
 ing of a trial by jury, which demand, however, may be with- 
 drawn by the party filing the same at any time before the trial. 
 Upon the trial of any case tried by the court, without a jury, 
 either party maj^ within such time as the court may require, 
 submit to the court written propositions to be held as law in 
 the decision of the case upon which the court shall write "re- 
 fused" or "held," as he shall be of opinion is the law, or mod- 
 ify the same, to which either party may except as to other 
 opinions of the court. 
 
 (Section 30.) 
 
 Section 43. When either party shall apply for a postpone- 
 ment of the trial of a cause on account of the absence of testi- 
 mony, the motion shall be grounded on the affidavit of the 
 party so applying, or his authorized agent, showing that due 
 diligence has been used to obtain such testimony, or the want 
 of time to obtain it, and Avhat particular fact or facts the party 
 expects to prove by such evidence, and if the evidence is the 
 testimony of a witness, his place of residence, or if his place 
 of residence is not known, showing that due diligence has 
 l)een used to ascertain the same, and that if further time is 
 given his place of residence can bo ascertained. 
 
 (Section 21.) 
 
 Section 44. Should the court be satisfied that such evidence 
 would not be material on the trial of the cause, or if the other 
 party will admit the affidavit in evidence, the trial of the cause 
 shall not be postponed. 
 
 (Section 21.) 
 
 I
 
 PRACTICE ACT REWRITTEN. 125 
 
 Section 45. When the affidavit is concerning the evidence 
 of a witness, the party admitting such affidavit shall be held to 
 admit only that if the absent witness were present he would 
 testify as alleged in the affidavit, and such admission shall have 
 no greater force or effect than if such absent witness were pres- 
 ent and testified as alleged in the affidavit, leaving it to the 
 party admitting such affidavit to controvert the statements con- 
 tained therein, or to impeach said witness, the same as if such 
 witness were present and examined in open court. 
 
 (Section 21.) 
 
 Section 46. It shall be a sufficient cause for the postpone- 
 ment of the trial of any case, in time of war or insurrection, 
 that the defendant is in the military service of the United 
 States or this State, if it shall be made to appear to the court 
 by affidavit, and that the presence of the defendant is in any 
 degree necessary for a full and fair defense of the suit. 
 
 (Section 21.) 
 
 Section 47. In all suits pending in the municipal court at 
 any time when the General Assembly is in session, it shall be a 
 sufficient cause for a postponement of the trial if it shall appear 
 to the court, by affidavit, that any party applying for such 
 postponement, or any attorney, solicitor, or counsel of such 
 party, is a member of either house of the General Assembly, 
 and in actual attendance upon the sessions of the same, and that 
 the attendance of such party, attorney, solicitor or counsel in 
 court is necessary to a fair and proper trial of such suit ; and, 
 on the filing of such affidavit, the court may postpone a trial of 
 said suit, and, when so postponed, no trial or other proceeding 
 shall be had therein until the adjournment of the General As- 
 sembly, nor within ten days thereafter. Such affidavit shall 
 be sufficient, if made at any time during the session of the 
 General Assembly, showing that, at the time of making the 
 same, such party, attorney, solicitor or counsel is in actual at- 
 tendance upon such session of the General Assembly. 
 
 (Section 21.) 
 
 Section 48. The foregoing section shall not apply to cases 
 of application for postponement of the trial by reason of 
 the absence of any attorney, solicitor or counsel who shall not
 
 126 PRACTICE IN THE MUNICIPAL COURT. 
 
 have been actually employed in such suit prior to the com- 
 mencement of such session of tlie General Assembly. 
 
 (Section 21.) 
 
 Section 48«. The court may, in any case of the fourth class 
 or any case of the fifth class, pjrant postponements of the trial, 
 and make such other orders in respect thereto, as the court 
 may deem proper and necessary for the protection of the rights 
 of the parties, and the failure of the court to try any such 
 case at the time to which the trial has been postponed shall not 
 operate as a discontinuance, but the same shall remain under 
 the control of the court until the final disposition tliereof. 
 
 (Section 47.) 
 
 Section 486. The municipal court in any civil suit pendinir 
 therein, at any time before the trial or final hearing thereof, 
 may permit the filing therein of interrogatories to be answered 
 by any party to such suit or any person for whose immediate 
 benefit such suit is prosecuted or defended, or by the directors, 
 officers, superintendent or managing agents of any corporation 
 which is a part}^ to the record in such suit, at the instance 
 of the adverse party or parties or any of them, and to require an 
 answer under oath to all such interrogatories as the party to 
 be interrogated might be required to answer, if called as a wit- 
 ness upon the trial or hearing of such suit, but the party filing 
 such interrogatories shall not be concluded by the answers there- 
 to, if he shall elect to introduce the same or any or either of 
 
 them upon the trial or final hearing. 
 
 (Section 32.) 
 
 Section 48c. Upon the trial or hearing of any suit in the 
 municipal court any party thereto, or any person for whose 
 immediate benefit such suit is prosecuted or defended, or the 
 directors, officers, superintendent or managing agents of any 
 corporation which is a party to the record in such suit, may 
 be examined upon the trial thereof as if under cross-examin- 
 ation at the instance of the adverse party or parties or anj- 
 of them, and for that purpose may be compelled, in the same 
 manner and subject to the same rules for examination as any 
 other witness, to testify, but the party calling for such ex- 
 amination shall not be conclu-ded thereby, but may rebut the 
 testimony thus criven bv counter testimonv. 
 
 (Section 33.)
 
 PRACTICE ACT REWRITTEN. 127 
 
 Section 4:8d. Whenever in any suit pending in the municipal 
 court, evidence shall be necessary concerning any fact in support 
 of or in opposition to any interlocutory or other motion or ap- 
 plication, other than an application for a change of venue, the 
 court may, in its discretion, require such evidence to be pre- 
 sented by the oral examination of witnesses in open court or 
 otherwise, and may make all necessary orders for such oral ex- 
 amination. 
 
 (Section 34.) 
 
 Section 48e. Any judge of the municipal court shall, upon 
 the application of either party and upon reasonable notice to 
 the opposite party, have power to sign or otherwise make any 
 order in any suit pending in the municipal court at any place 
 within the city of Chicago, whenever in the opinion of such 
 judge the gi-anting of such order at such place is in further- 
 ance of justice, and such order shall be as effective as if made 
 in any court room of said court or in the chambers of said 
 judge. 
 
 (Section 35.) 
 
 Section 49. In all civil suits in the municipal court each 
 party shall be entitled to a challenge of three jurors without 
 showing cause for such challenge. It shall be the duty of the 
 judge presiding at the trial to examine, or cause to be ex- 
 amined, all jurors called into the jury box in any case with re- 
 spect to their statutory qualifications to serve as petit jurors 
 in such case, and to permit the plaintiff', or the people, and the 
 defendant to propound to the jurors such pertinent questions 
 as may be necessary for the purpose of ascertaining whether 
 the jurors are biased or prejudiced. But upon appeal or writ 
 of error to review any judgment of said municipal court, in any 
 ease tried therein by jury, no assignment of error shall be al- 
 lowed which shall call in question any ruling of the court per- 
 taining to or connected with the impaneling of the jury, other 
 than one improperly restricting the right of the defendant to 
 examine the jurors as to bias or prejudice, or improperly over- 
 ruling a challenge by the defendant of a juror for bias or 
 
 prejudice. 
 
 (Section 31.)
 
 128 PRACTICE IN THE MUNICIP.VL COURT. 
 
 Section 50. Every person desirous of suffering a non-suit 
 on trial shall be barred therefrom unless he do so before the 
 jury retire from the bar. 
 
 Section 51. If one or more of the counts in a declaration be 
 faulty, the defendant may apply to the court to instruct the 
 jury to disregard such faulty count or counts. 
 
 Section 52. In trials by jury in the municipal court the 
 court shall charge the jury as to the law only. 
 
 (Section 37.) 
 
 Section 53. The charge may, in the discretion of the court, 
 be given orally or in writing; but when given orally, it shall 
 be taken down in shorthand, and at the request of either party 
 a transcript thereof shall be made and filed in the cause in 
 which such charge is given, and shall be made a part of the 
 
 record in such cause. 
 
 (Section 37.) 
 
 Section 54. In cases in which the judge elects to charge the 
 jury in writing, when instructions are asked which the judge 
 cannot give, he shall, on the margin thereof, write the word 
 ''refused," and such as he approves he shall write on the mar- 
 gin thereof the word ' ' given, ' ' and he shall in no case, after in- 
 structions in writing are given, qualify, modify or in any man- 
 ner explain the same to the jury otherwise than in writing. 
 When the court elects to charge the jury in writing, exceptions 
 to the giving or refusing of any instruction may be entered at 
 any time before the entry of final judgment in the case. When 
 the judge elects to charge the jury orally, either party may 
 present to the judge requests to charge and exceptions may be 
 taken by either party to the charge as given, or to the refusal 
 of the judge to charge as requested, at any time before the jury 
 retires. 
 
 (Section 37.) 
 
 Section 55. When the judge elects to charge the jury in 
 writing, the instructions so given shall be taken by the jury 
 in their retirement and returned by them with their verdict into 
 court. 
 
 (Section 37.)
 
 PRACTICE ACT REWRITTEN: 129 
 
 Section 56. Papers read in evidence, other than depositions, 
 may be carried from the bar by the jury. 
 
 Section 57. It shall be suffijcient for the jury to pronounce 
 their verdict by their foreman in open court without reducing 
 the same to writing, and the clerk shall enter the same in form 
 under the direction of the court ; and if either party may wish 
 to except to the verdict, or, for other causes, to move for a new 
 trial or in arrest of judgment, he shall, before the final judg- 
 ment be entered, or within thirty days after the same is entered, 
 by himself or counsel, file the points in writing, particularly 
 specifying the grounds of such motion, and final judgment shall 
 thereupon be stayed until such motion can be heard by the 
 court ; but no more than two new trials upon the same grounds 
 shall be granted to the same party in the same cause, nor shall 
 any verdict or judgment be set aside for irregularity only, 
 unless cause be shown for the same within thirty days after 
 such judgment or verdict shall be given. In all cases where 
 a new trial shall be granted on account of improper instructions 
 having been given by the judge, or improper evidence admitted, 
 or because the verdict of the jury is contrary to the weight of 
 the evidence, or for any other cause not the fault of the party 
 applying for such new trial, said new trial shall be granted 
 without costs and as of right. 
 
 Section 58. Whenever in any case of the first class or of the 
 second class an entire verdict shall be given on several counts, 
 the same shall not be set aside or reversed on the ground of 
 any defective count, if one or more of the counts in the declara- 
 tion be sufficient to sustain the verdict. 
 
 Section 58a. In all trials by jury in civil cases in the munic- 
 ipal court, the jury may render, in their discretion, either a 
 general or a special verdict; and in any case in which they 
 render a general verdict they may be required by the court, and 
 must be so required on request of any party to the action, to 
 find specially upon any material question or questions of fact 
 which shall be stated to them in writing, which questions of fact 
 shall be submitted by the party requesting the same to the ad- 
 verse party before the commencement of the argument to the 
 jury. 
 9
 
 130 PRACTICE IN TPIE MUNICIPAL COURT. 
 
 Section 58^. Submitting or refusing to submit a question of 
 fact to the jury, when requested by a party as provided in the 
 preceding section, may be excepted to and be reviewed on ap- 
 peal or writ of error as a ruling on a question of law, when- 
 ever such review is necessary to prevent a failure of justice. 
 
 (Sections 19, 22, and 23.) 
 
 Section 58c. When the special finding of fact is inconsistent 
 with the general verdict, the former shall control the latter, 
 and the court may render judgment accordingly. 
 
 Section 59. When in any case of the first class or of the 
 second class judgment shall be arrested for any defect in the 
 record of proceedings after the first process, the plaintiff shall 
 not be compelled to commence his action anew, but the court 
 shall order new pleadings to commence with the error that 
 caused the arrest. 
 
 Section 60. If, during the progress of any trial in any 
 civil cause of the first class or of the second class, either party 
 shall allege an exception to the opinion of the court and reduce 
 the same to writing, it shall be the duty of the judge to allow 
 said exception and sign and seal the same, and the said excep- 
 tion shall thereupon become a part of the n^cord of such cause. 
 
 Section 61. Exceptions taken to the decisions of the court 
 upon the trial of any case of the first class or of the second 
 class, tried by the court without the intervention of a jury, 
 shall be deemed and held to have been properly taken and al- 
 lowed, and the party excepting may assign for error before the 
 supreme court or the appellate court, as the case may be, any 
 decision so excepted to, whether such exception relates to re- 
 ceiving improper or rejecting proper testimony, or to the final 
 judgment of the court upon the law and the evidence. 
 
 (But see post, Section G3&.) 
 
 Section 62. Exceptions taken to decisions of the court in 
 eases of the first class and of the second class, overruling mo- 
 tions in arrest of judgment, motions for new ti-ials, motions to 
 amend and for postponements of ti'ials of causes shall be al- 
 lowed; and the paity exce])ting may assign for error any de- 
 cision so excepted lo. (But see po^t. Section 636.)
 
 PRACTICE ACT REWRITTEN. 131 
 
 Section 63. Exceptions taken to decisions of the municipal 
 court overruling motions in arrest of judgment, for ncAV trials, 
 or for postponements of trials or changes of venue, shall be al- 
 lowed in all criminal cases, and in penal and qui tarn actions 
 of the first class and of the second class; and the party except- 
 ing to such decisions may assign the same for error in the same 
 manner as in civil cases. 
 
 (But see post Section 636.) 
 
 Section 636. No assignment of error in the supreme court 
 signed in any case of the first class or any case of the second 
 class, or any case of the third class, tried and determined in the 
 municipal court, that any erroneous ruling was made by said 
 municipal court against the objection of the party complaining 
 thereof, but that no formal exception was taken by such party 
 thereto, such erroneous ruling shall be subject to review upon 
 appeal or writ of error to the same extent and in like manner 
 as if it appeared that formal exception had been taken thereto 
 by the party complaining, and no bill of exceptions shall be 
 held defective for the want of the seal of the judge thereto. 
 Upon the prosecution of an appeal or writ of error to review 
 any judgment of the municipal court, in any such case, the orig- 
 inal bill of exceptions, in lieu of a certified copy thereof, shall 
 be inserted in the transcript of the record to be filed in the 
 supreme court or appellate court upon such appeal or writ of 
 error, unless the municipal court shall otherwise direct, and 
 upon the final determination of such appeal or writ of error 
 such original bill of exceptions shall be remitted to the munic- 
 ipal court. (Section 38.) 
 
 Section 636. No assiu;iiineut of error in the supreme court 
 or in the appellate court in any ease of the first class, or .st-eond 
 class, or third class, shall be allowed wliicli shall call in (piestion 
 the decision of the municipal court in respect to any matter 
 pertaining to the practice in said courl : Provided, however, 
 that the supreme court or the appellate court, as the case may 
 be, may grant relief from any error of the municipal court in 
 respect to a matter of practice therein in any case v.']iere, in 
 the opinion of the supreme court or the appellate court, such 
 relief is necessary to prevent a failure of justice. 
 
 r Sections 19 and 22.)
 
 132 PRACTICE IN THE MUNICIPAL COURT. 
 
 Section 64. All affidavits road in court during the progress 
 of any cause, and relating thereto, shall be filed and preserved 
 by the clerk. 
 
 Section 65. A party intending to move to set aside or quash 
 any execution, replevin bond, or any other proceeding, may ap- 
 ply to the court for a stay of further proceeding's until the or- 
 der of the court on the motion; and such stay of proceedings 
 may be granted by the court whenever, in the opinion of the 
 court, there is probable cause therefor; and in case any such 
 order is obtained, a copy thereof shall be served upon the op- 
 posite party, or his attorney, at the time of, or after the service 
 of, the notice of the motion and thereupon all further proceed- 
 ings shall be stayed accordingly. But in no case shall the court 
 grant a stay of proceedings when the error complained of may, 
 by the direction of the court to the clerk, be corrected; but the 
 court shall order the correction and the clerk shall make the 
 correction accordingly; nor .shall such stay of proceedings be 
 granted unless the applicant shall have given notice of his 
 motion to the opposite party or his attorney of record if they, 
 or either of them, can be found in the city of Chicago. 
 
 (Sections 19 and 21.) 
 
 Section 66. Any person, for a debt bona fide due, may con- 
 fess judgment by himself or attorney duly authorized without 
 process. Judgments entered by confession shall have like force 
 and effect and from the date thereof become liens in like man- 
 ner and extent as other judgments of the same class. 
 
 (Section 21.) 
 
 Section 67. The writ of error coram nobis is hereby abol- 
 ished and all errors in fact committed in the proceedings of 
 the municipal court and which by the common law could have 
 been corrected by said writ, may be corrected by the municipal 
 court upon motion in writing made at any time within five years 
 after the rendition of final judgment in the case upon reason- 
 able notice. Where the person entitled to make such motion 
 shall be an infant, femme coveH, nan compos mentis, or under 
 duress at the time of passing judgment, the time of such dis- 
 ability shall be excluded from the computation of said five years.
 
 I 
 
 PRACTICE ACT REWRITTEN. 133 
 
 Section 69. The final orders, judgments and decrees of the 
 municipal court in cases of the first class, cases of the second 
 class and cases of the third class, may be reviewed upon error 
 or appeal by the supreme court in all criminal cases above 
 the grade of misdemeanors, cases in which a franchise or free- 
 hold or the validity of a statute or the construction of the con- 
 stitution is involved, and in all cases relating to the revenue 
 or in which the State is interested, as a party or otherwise, 
 and by the appellate court in all other cases of said classes; 
 but no appeal shall be allowed in any such case unless the 
 same be prayed for within twenty days after the entry of the 
 order, judgment or decree appealed from. The party praying 
 for any such appeal shall, within such time, not less than 
 twenty days, as shall be limited by the court, give and file in the 
 office of the clerk of the municipal court bonds in a reasonable 
 amount to secure the adverse party, to be fixed by the court, 
 with sufficient surety to be approved by the court. If the ap- 
 peal is from a judgment or decree for the recovery of money, 
 the condition of the bond shall be for the prosecution of such 
 appeal and the payment of the judgment, interest, damages 
 and costs, in case the judgment is affirmed. In all other cases 
 the condition shall be directed by the court with reference to the 
 character of the judgment, order or decree appealed from. 
 The obligee in such bond may at any time on a breach of the 
 conditions thereof have and maintain an action at law as on 
 other bonds. 
 
 (Section 22.) 
 * 
 
 Section 69. The clerk may, by order of the court, made at 
 the time of praying the appeal, and entered of record, ap- 
 prove of the security offered upon such bond. 
 
 Section 70. No appeal in any such case to the supreme 
 court or appellate court shall be dismissed by reason of any 
 informality or insufficiency of the appeal bond, if the party tak- 
 ing such appeal shall, within a reasonable timCj to be fixed by 
 the court, file a good and sufficient bond in such cause to be 
 approved by the said court. 
 
 Section 71. In all cases where a judgment or decree shall 
 be rendered in the municipal court in any case whatever, either
 
 134 PRACTICE IN THE MUNICIP.VI^ COURT. 
 
 in law or in chancery, against two or more persons, either one 
 of said persons shall be permitted to remove such suit to the 
 appellate court or to the supreme court, as the case may be, 
 by appeal or writ of error, if the case be one of the first class, 
 one of the second class or one of the third class, or by writ of 
 error if the case be one of the fourth or one of the fifth class, 
 and for that purpose shall be permitted to use the names of all 
 said persons, if necessary, but no cost shall be taxed against 
 anj^ person who shall not join in said appeal or writ of error. 
 All such cases shall be determined in said appellate court, or 
 supreme court, as other suits of the same classes, respectively, 
 are, and in the same manner as if all the parties had joined 
 in such appeal or writ of error. 
 
 (Sections 19, 22 and 23.) 
 
 Section 72. The state, counties, cities, villages, towns, school 
 districts, and all other municipal corporations and the corpo- 
 rations of all charitable, educational, penal or reformatory 
 institutions under the patronage and control of the state, and 
 all public officers, when suing or defending in their official ca- 
 pacities, for the benefit of the public, may in all cases of ap- 
 peal or writ of error from or to the municipal court prosecute 
 the same without giving bond. And the supreme or appellate 
 court, or the judges thereof in vacation, may grant writs of 
 supersedeas on any writ of error or appeal, when prosecuted by 
 the state or any of said corporations or public offi!cers, without 
 requiring any bond to be given as required by law in other 
 eases. 
 
 Section 72a. The final orders and judgments of the munici- 
 pal court in cases of the fourth class and in cases of the fifth 
 class shall be reviewed by writ of error only. Such writ of 
 error shall be sued out of the supreme court in all cases in 
 which a franchise, a freehold or the vaHditj'' of a statute or the 
 construction of the constitution is involved, and out of the 
 appellate court in all other cases. The time within which a 
 writ of error may be sued out in any such case shall be limited 
 to thirty days after the entry of the final order or judgment 
 complained of. The manner of prosecuting such writ of error 
 shall be as follows:
 
 PRACTICE ACT REWRITTEN. 135 
 
 First — Any party to any such case against whom there has 
 been rendered any final order or judgment of the municipal 
 court and who shall desire to obtain a review of such final order 
 or judgment by appeal or writ of error, may obtain from the 
 municipal court a stay of execution upon such order or judg- 
 ment for ninety days after the entry thereof by the giving of 
 a bond with a sufificient surety or sureties, to be approved by a 
 judge of the municipal court, conditioned for the performance 
 by such party of, or his compliance with, such order or judg- 
 ment, or his payment of the money thereby required to be paid 
 and all costs which may be awarded the opposite party in the 
 supreme court or the appellate court, as the case may be, in 
 case a writ of error to review such order or judgment shall not 
 be sued out within thirty days from the date thereof, or in case, 
 upon the suing out and prosecution of such writ of error, the 
 order or judgment shall be affirmed by the supreme court or 
 the appellate court, as the case may be. 
 
 Second — No other or further stay of proceedings or execu- 
 tion in any such case shall be allowed by the municipal court, 
 but the supreme court or the appellate court, or any judge 
 thereof, may allow a supersedeas as in other cases, but upon 
 the allowance of any supersedeas, when any bond has been 
 given as above provided, no additional bond shall be required, 
 and such supersedeas shall be operative until the final deter- 
 mination of such writ of error. 
 
 Third — If, upon application to the supreme court or appel- 
 late court, or to any judge thereof, for a supersedeas the same 
 shall be denied, such order or judgment shall stand affirmed, 
 and no further proceedings shall be had in said supreme court 
 or appellate court with respect thereto, unless the supreme 
 court or appellate court, or the judge denying such supersedeas 
 shall otherwise order. 
 
 Fourth — The party in whose favor the final order or judg- 
 ment has been entered shall be entitled to sue out a writ of 
 error from the supreme court or the appellate court, as the ease 
 may be, by depositing with the clerk of the court from which 
 said writ of error is sued out the sum of twenty dollars ($20) 
 ;is security to the opposite party for such costs as may be award- 
 id such opposite party by the supreme court or the appellate
 
 136 PRACTICE IN THE MUNICIPAL COURT. 
 
 court, as the case may be, upon the final determination of such 
 writ of error. 
 
 Fifth — The party suing out any writ of error shall not be 
 required to serve upon the opposite party any scire facias to 
 hear errors, but in lieu thereof shall, within five days after the 
 issuance of the writ of error, file the same with the clerk of 
 the said municipal court, and make to the supreme court or 
 the appellate court, as the case may be, proof of such filing, 
 and such writ of error so filed shall be notice to the opposite 
 party of the suing out and prosecution of such writ of error. 
 
 Sixth — Upon application made at any time within sixty days 
 after the entry of any final order or judgment, it shall be the 
 duty of the judge by whom such final order or judgment was 
 entered to sign and place on file in the case in which the same 
 was entered, if so requested by either of the parties to the suit, 
 either a correct statement, to be prepared by the party request- 
 ing the signing of the same, of the facts appearing upon the trial 
 thereof, and of all questions of law involved in such case, and 
 the decisions of the court upon said questions of law, or a cor- 
 rect stenographic report, the expense of procuring which shall 
 be paid by the party requesting the signing of the same, of 
 the proceedings at the trial, as such party may elect, the orig- 
 inal of which statement or stenographic report, together with 
 a certified transcript of the judgment, shall be certified to the 
 supreme court or appellate court, as the case may be, as the 
 record to be considered upon the review of such order or judg- 
 ment by writ of error. 
 
 Seventh — No order or judgment so sought to be reviewed 
 shall be reversed unless the supreme court or appellate court, 
 as the case may be, shall be satisfied from said statement or 
 stenographic report signed by said judge that such order or 
 judgment is contrary to the law and the evidence, or that such 
 order or judgment resulted from substantial errors of said mu- 
 nicipal court directly affecting the matters at issue between the 
 parties, in which last mentioned case the supreme court or ap- 
 pellate court, as the case may be, may enter such order or judg- 
 ment as, in its opinion, the municipal court ought to have 
 entered, or it may reverse the said order or judgment and re- 
 mand the case to the municipal court for further proceedings. 
 
 Eighth — No assignment of error in the supreme court or in
 
 PRACTICE ACT REWRITTEN. 137 
 
 the appellate court in any such ease shall be allowed which 
 shall call in question the decision of such municipal court in 
 respect to any matter pertaining to the practice in such court, 
 nor shall any exceptions to the rulings and decisions of the 
 municipal court upon the trial be necessary to the right of 
 either party to a review of such rulings and decisions in the 
 supreme court or appellate court upon their merits, but it shall 
 be the duty of the supreme court or the appellate court, as 
 the case may be, to decide such case upon its merits as 
 they may appear from such statement or stenographic report 
 signed by the judge: Provided, however, that the supreme 
 court or appellate court, as the case may be, may grant relief 
 from any error of the municipal court in respect to a matter 
 of practice therein in any ease where, in the opinion of the 
 supreme court or the appellate court, such relief is necessary 
 to prevent a failure of justice. 
 
 (Section 23.) 
 
 Section 73. Authenticated copies of records of judgments, or- 
 ders and decrees appealed from, shall be filed in the office of the 
 clerk of the supreme court, or of the appellate court, as the 
 case may be, on or before the second day of the succeeding term 
 of said courts: Provided, twenty days shall have intervened be- 
 tween the day on which the judgment, order or decree appealed 
 from shall have been entered and the sitting cf the court to 
 which the appeal shall be taken; but if ten (10) days and not 
 twenty (20) days shall have intervened as aforesaid, then the 
 record shall be filed as aforesaid on or before the tenth (10th) 
 day of said succeeding term, otherwise the said appeal shall 
 be dismissed unless further time to file the same shall have 
 been granted by the court to which said appeal shall have been 
 taken upon good cause shown. 
 
 (Section 21.) 
 
 Section 74. When appeals from judgments, orders or decrees 
 for the recovery of money are dismissed by the supreme court 
 or appellate court for want of prosecution, or for failing to file 
 authenticated copies of records, as required by law, the court 
 shall enter judgments against the appellants for not less than 
 five (5) nor more than ten (10) per cent, damages on the 
 amount recovered in the municipal court for the collection of
 
 138 PRACTICE IN THE MUNICIPAL COITRT. 
 
 which the appellee shall be entitled to execution as on other 
 judgments. 
 
 Section 75, The parties in any suit or proceeding at law or in 
 chancery in the municipal court may make an agreed case con- 
 taining the points of law at issue between them, and file the 
 same in such court; and the said agreed case, with the decision 
 thereon, may be certified to the appellate court or supreme court 
 by the clerk of such court, without certifying any fuller record 
 in the case; and upon such agreed case being so certified and 
 filed in the appellate court or supreme court, the appellant or 
 plaintiff in error may assign errors, and the case shall then be 
 proceeded with in the same manner as it might have been had 
 a full record been certified to said appellate court or supreme 
 court. 
 
 Section 76. Any judge of the municipal court may, if the 
 parties litigant assent thereto, certify any question or questions 
 of law arising in any case tried and finally determined before 
 him to the appellate or supreme court, together with his deci- 
 sion thereon ; or the parties in the case may agree as to the ques- 
 tions or points of law arising in the case, and the same may be 
 certified by the counsel or attorneys of the respective parties, 
 who shall sign their names thereto; and upon such certificate 
 being made, the same shall be filed in the municipal court, and a 
 copy of such certificate certified by the clerk of said court, 
 with the decision thereon and final decision in the case, to the 
 appellate court or supreme court and filed therein; and upon 
 filing the same, the like proceedings may be had in the appel- 
 late court or supreme court, as if a full and complete record 
 had been transcribed and certified to said court. 
 
 Section 77. The two preceding sections shall not apply to 
 cases in which the title to real estate is in question, nor to cases 
 where any question of faet appertaining to the constitutional 
 enactments of a law of this State is involved. 
 
 Section 78. No writ of error shall operate as a supersedeas 
 unless the supreme court or the appellate court, as the case may 
 be, or some judge thereof in vacation, after inspecting a copy 
 of the record, shall order the same to be made a supersedeas,
 
 PRACTICE ACT REWRITTEN. 139 
 
 nor until the party procuring such writ shall file a bon'd in 
 the manner and with the conditions required in case of appeal, 
 Avhen the clerk issuing such writ shall endorse thereon that it 
 shall be a supersedeas and operate accordingly; and the par- 
 ties in writs of errors shall be subject to the same judgment 
 ;md mode of execution as is provided in case of appeal. 
 
 Section 79. In all cases of appeal to the supreme court or 
 appellate court, or writ of error, the appellee or defendant in 
 error may assign cross errors; and the court shall dispose of 
 the same as in other cases of assignment of error. 
 
 Section 80. No judgment, order or decree shall be reversed 
 by the supreme court or appellate court upon appeal or writ of 
 error for want of a joinder in error; but upon error being 
 assigned, if the opposite party do not plead in proper time, the 
 case shall be treated as if error had been joined. 
 
 Section 81. In all cases of appeal and writ of error, the su- 
 preme court or appellate court may give final judgment and 
 issue execution, or remand the cause to the inferior court in 
 order that an execution may be there issued, or that other pro- 
 ceedings may be had thereon. Any judgment rendered in the 
 supreme court or appellate court shall become a lien on real 
 estate after execution shall be issued and levied, and a certifi- 
 cate thereof filed in the office of the circuit clerk of the county 
 where the real estate levied on is situated. 
 
 Section 82. The supreme court or appellate court, in case of 
 a partial reversal, shall give such judgment or decree as the in- 
 ferior court ought to have given, and for this purpose may al- 
 low the entry of a remittitur either in term time or in vacation 
 or remand the cause to the municipal court for further proceed- 
 ings, as the case may require. 
 
 Section 83. When an appeal or writ of error shall be prose- 
 cuted from a judgment, order or decree of the municipal court 
 to the supreme court or appellate court, and such appeal or 
 writ of error is dismissed, or the judgment, order or decree is 
 affirmed, upon a copy of the order of the supreme court or 
 appellate court, as the case may be, being filed in the office of 
 the clerk of the municipal court, execution may issue and other
 
 140 PRACTICE IN THE MUNICIPAL COURT. 
 
 proceedings may be had thereon in all respects as if no appeal 
 or writ of error had been prosecuted. 
 
 Section 84. When any cause or proceeding, either at law or 
 in chancery, is remanded by the supreme court or appellate 
 court, as the case may be, for a new trial or hearing by the mu- 
 nicipal court, the supreme court or appellate court, as the case 
 may be, shall issue its mandate reversing and remanding such 
 cause directly to the municipal court ; and upon a transcript of 
 the order of the supreme court or appellate court, as the case 
 may be, remanding the same, being filed in the municipal court, 
 and not less than ten days' notice thereof being given to the ad- 
 verse party or his attorney, the cause or proceeding shall be re- 
 instated therein. In case of non-resident parties or parties who 
 cannot be found, so that personal notice cannot be served upon 
 them, the notice may be given as in cases in chancery or as may 
 be directed by the court. In case of reversal and remandment 
 by the supreme court of any cause removed thereto from the 
 appellate court, upon the filing in such appellate court of a cer- 
 tificate of such reversal and remandment, the clerk of the ap- 
 pellate court shall have the right to issue a fee bill for all such 
 costs as accrued in said appellate court and did not abide the 
 final action in the supreme court. 
 
 Section 85. If neither party shall file such transcript with- 
 in two years from the time of making the final order of the su- 
 preme court or appellate court, as the case may be, reversinir 
 any judgment or proceeding, the cause shall be considered as 
 abandoned, and no further action shall be had therein. 
 
 Section 86. A writ of error in any case of the first class 
 or second class or third class shall not be brought after the ex- 
 piration of five years from the rendition of the decree or judg- 
 ment complained of; but when a person thinking himself ag- 
 grieved by any decree or judgment that may be reversed in 
 the supreme court or the appellate court, shall be an infant, 
 non compos mentis, or under duress, when the same was en- 
 tered, the time of such disability shall be excluded from the 
 computation of the said five years. In a case of the fourth class 
 or of the fifth class, the time within which the writ of error
 
 PRACTICE ACT REWRITTEN. 141 
 
 may be sued out shall be limited to thirty days after the entry 
 of the final order or judgment complained of. 
 
 (Section 23.) 
 
 Section 87. When any plaintiff in error shall file in the 
 office of the clerk of the supreme court or appellate court, as 
 the case may be, an affidavit showing that any defendant resides, 
 or has gone out of this State, or on due inquiry, cannot be 
 found, or is concealed within this State, so that process cannot 
 be served upon him, and stating the place of residence of such 
 defendant, if known, and also the place of residence of the at- 
 t-orney who appeared in the case in the municipal court; or 
 that, upon diligent inquiry, their places of residence cannot be 
 ascertained, the clerk of the supreme court or appellate court, 
 as the case may be, wherein the cause shall be pending, shall 
 cause publication to be made in some newspaper published in 
 Cook county, containing notice of the pendency of such suit, 
 the names of the parties thereto, the title of the court and the 
 time and place of the return of the summons in the case; and 
 he shall also, within ten (10) days of the first publication of 
 such notice, send a copy thereof by mail, addressed to such de- 
 fendant and the attorney whose place of residence are stated in 
 such affidavit. The certificate of the clerk, that he has sent 
 such notice in pursuance of this section, shall be evidence. Such 
 notice shall be published for four consecutive weeks, the first 
 insertion of such notice shall be at least forty days before the 
 first day of the term of court to which said writ is made re- 
 turnable; and unless said time has intervened, no proceedings 
 therein shall be had at said term, but the said cause shall stand 
 continued to the next term of the court: Provided, that in case 
 both parties appear and consent to the hearing, the said cause 
 shall then be heard. 
 
 Section 88. If any final determination of any cause, as speci- 
 fied in the preceding sections, shall be made by the appellate 
 court, as the result wholly or in part of the finding of the facts 
 concerning the matter in controversy, different from the finding 
 of the municipal court, it shall be the duty of the appellate 
 court to recite in its final order, judg-ment or decree the facts 
 as found, and the judgment of the appellate court shall be final 
 and conclusive as to all matters of fact in controversy in such 
 cause.
 
 142 PRACTICE IN THE MUNICIPAL COURT. 
 
 Section 89. Appeals from and writs of error to the municipal 
 
 t'ourt in all criminal cases, below the grade of felony, shall be 
 taken directly to the appellate court, and in all criminal cases, 
 above the grade of misdemeanors, and cases in which a franchise 
 or freehold, or the validity of a statute, or construction of the 
 constitution is involved ; and in all cases of the first class or of, 
 the second class, relating to revenue, or cases in which» the 
 State is interested as a party or otherwise, shall be taken direct- 
 ly to the supreme court. In all cases of writs of error and 
 appeals, prosecuted or taken from any decision of the ap})ellate 
 court to the supreme court, it shall not be necessary for the clerk 
 of the appellate court, in which said cause was heard and de- 
 termined, to make out and certify a copy of the original tran- 
 script of the record, filed in said appellate court, but it shall be 
 sufficient for, and it is hereby made the duty of, the clerk of 
 said appellate court, to transmit the original transcript of the 
 record filed in his office, with his official certificate and seal of 
 office, authenticating the same, with a true and perfect copy of 
 all the orders and proceedings appearing of record in said 
 cause; which said copy of the record and proceedings duly au- 
 thenticated with the seal of said court, shall be transmitted to 
 and filed in the supreme court, and the clerk of the appellate 
 court, shall be entitled to receive from the party procuring said 
 record and transcript, the fees allowed by law, for his certificate 
 and copy of the proceedings had in the appellat<» court, and he 
 shall not be entitled to charge or receive any fee for copying or 
 transmitting said original transcript, other than for his certifi- 
 cate, and the reasonable cost of sending said transcript and 
 record from his office, either by mail or by express to the clerk 
 of the supreme court. 
 
 (Sections 22 and 23.) 
 
 Section 90. The supreme court shall re-examine cases 
 brought to it by appeal or writ of error as to qnestioiis of law 
 only, and no assignment of error shall be allowed whieli shall 
 call in question the determination of the municipal court or 
 appellate courts upon controverted questions of fact in any case, 
 excepting those cnumenUtHl in the preceding section. 
 
 Section 91. In all criminal cases and in all cases where a 
 franchise or freehold, or the validity of a statute is involved^
 
 PKACTICE ACT REWRITTEN, 143 
 
 and in all other cases where the sum or value in the controversy 
 shall exceed one thousand dollars ($1,000), exclusive of costs, 
 which shall be heard in any of the appellate courts upon errors 
 assigned, if the judgment of the appellate court be that the 
 order, judgment or decree of the municipal court be affirmed, 
 or if final judgment or decree be rendered therein in the appel- 
 late court, or if the judgment, order or decree of the appellate 
 court be such that no further proceedings can be had in the 
 municipal court, except to carry into effect the mandate of the 
 appellate court, any party to such cause shall be permitted to 
 remove the same to the supreme court by appeal or writ of 
 error in the same manner as provided in sections 68 and 71 of 
 this act for appeals to said appellate court: Provided, that. such 
 appeal may be prayed for at any time within twenty days after 
 the rendition of such judgment, order or decree, whether such 
 appellate court be in session or not; and if such appeal be 
 prayed for in vacation, any one or more of the judges of such 
 appellate court may make and sign all orders necessary for the 
 perfecting of such appeal, and the clerk shall enter up such 
 orders as part of the record in the cause : And, provided, fur- 
 ther, that in all cases where the judgment, order or decree is 
 for the recovery of money only, if the judgment, order or 
 decree of the municipal court or appellate court be affirmed by 
 the supreme coui-t, or the appeal or writ of error be dismissed, 
 the supreme court may enter judgment against the appellant or 
 plaintiff in error for damages, not exceeding ten (10) per 
 centum on the amount of the judgment recovered, and shall 
 award execution therefor as on other judgments. 
 
 Section 92. Any money judgment rendered by the municipal 
 court, when no execution issued thereon is outstanding, may be 
 satisfied by the payment by the party against whom the same 
 has been rendered of the amount thereof to the clerk of said 
 court, who, upon payment being made, shall enter satisfaction 
 thereof and shall, upon demand, pay over the money received 
 by him to the person appearing of record to be entitled thereto. 
 
 (Section 53.) 
 
 Section 93. The municipal court shall take judicial notice 
 of all matters of which courts of general jurisdiction of this
 
 144 PRACTICE IN THE MUNICIPAL COURT. 
 
 state are required to take judicial notice, and also of the fol- 
 lowing: 
 
 1. All general ordinances of the city of Chicago and all gen- 
 eral ordinances of every municipal corporation situated in 
 whole or in part within the limits of the city of Chicago. 
 
 2. All laws of a public nature enacted by any state or terri- 
 tory of the United States. 
 
 (Section 54.) 
 
 Section 94. If the method of procedure in any case within 
 the jurisdiction of the municipal court is not sufficiently pre- 
 scribed by this act, or by any rule of court adopted in pursuance 
 hereof, the branch court in which the same is brought or pro- 
 posed to be brought, may make such provision for the conduct- 
 ing and disposing of the same as may appear to the court proper 
 for the just determination of the rights of the parties. 
 
 (Section 51.) 
 
 Section 95. It shall be the duty of the chief justice of the 
 municipal court to superintend the keeping of the records of 
 said court and to prescribe abbreviated forms of entries of 
 orders therein, which abbreviated forms so prescribed shall have 
 the same force and effect as if said orders were entered in full 
 in the records of said court. When any certified transcript of 
 the record, or of any portion thereof, of any suit or proceeding 
 in said court is required, the same shall be written out in full 
 from such abbreviated forms and duly authenticated according 
 
 to law. 
 
 (Section 62.) 
 
 The above sections correspond with those of Kurd's R. S. of 
 1905, chapter 110, with the following exceptions: 
 
 First — Section 11 is omitted as inapplicable because the 
 municipal court has no direct jurisdiction in mandamus or quo 
 warranto. 
 
 Second — Sections 15 and 16 are omitted because the pro- 
 visions therein are wholly abrogated by the Mimicipal Court 
 Act, the practice in the municipal court being fully expressed 
 in the subsequent section 17. 
 
 Third — Sections 18a, 18b, 18c, and 18d are not found in the 
 practice act, but are special provisions of the Municipal Court
 
 PRACTICE ACT REWRITTEN. 145 
 
 Act pertaining to cases of the fourth and fifth classes. (See 
 sections 40-43 of the Municipal Court Act.) 
 
 Fourth — Sections 48a, 48b, 48c, 48d and 48e are not found 
 in the practice act, but are special provisions of the Municipal 
 Court Act pertaining to cases of the fourth and fifth classes. 
 (See sections 47, 32, 33, 34 and 35 of the Municipal Court Act.) 
 
 Fifth — Sections 63a and 63b are not found in the practice 
 act, but are special provisions of the Municipal Court Act, (See 
 sections 38 and 22 of the Municipal Court Act.) 
 
 Sixth — Section 72a is not found in the practice act but is a 
 special provision of the Municipal Court Act regulating appel- 
 late proceedings in cases of the fourth and fifth classes. (See 
 section 23 of the Municipal Court Act.) 
 
 Seventh — Section 92 of the practice act is omitted and sec- 
 tions 92, 93, 94 and 95, as above given, are special provisions 
 of the Municipal Court Act. (See sections 53, 54, 51 and 62.) 
 
 10
 
 CHAPTER V. 
 
 ATTACHMENT CASES. 
 
 The method of procedure in attachment cases of the first class 
 and of the fourth and fifth classes has already been indicated in 
 a general way in preceding chapters. (See Chapter I and Chap- 
 ter III, Part II.) In this chapter it is intended to present first, 
 a few general statements as to the procedure in those cases, and 
 second, as an aid to the judges and to practitioners, to present 
 the general attachment act (Kurd's R. S. of 1905, chapter 11, 
 })p. 176-183), as modified by the Municipal Court Act. 
 
 Attachment cases of the first class are those in which the 
 amount claimed by the plaintiff exceeds one thousand dollars 
 ($1,000). In general the practice in such cases differs from 
 that in the circuit court in the following particulars: 
 
 First — The writ is directed to the bailiff and is returnable 
 upon some Monday at least ten days and not more than thirty 
 days after the date thereof. (See section 28.) 
 
 Second — The writ is to be served upon an individual defend- 
 ant by delivering him a copy and informing him of its contents. 
 (Section 28.) 
 
 Third — A suit in attachment can only be maintained against 
 an individual who is either a resident of or is found in the city 
 of Chicago, or who is a non-resident of the state, having prop- 
 erty within the city of Chicago. (Section 28.) 
 
 Fourth — "When notice is given by publication the notice, in 
 lieu of stating the time of the return of the writ, must state the 
 date on or before which the defendant is required to appear, 
 which date is to be some Monday not less than forty nor more 
 than sixty days after the date of the first publication of notice, 
 as the plaintiff may require. (Section 28.) 
 
 Attachment cases of the fourth and fifth classes are those 
 attachment cases in which the amount of money sought to be 
 recovered does not exceed one thousand dollars ($1,000), (See 
 paragraphs fourth and fifth of section 2.) A case of this 
 character must be brought and prosecuted in the district in 
 
 146
 
 ATTACHMENTS. 147 
 
 which the defendant resides or is found, excepting in the fol- 
 lowing cases : 
 
 First — If there be more than one defendant suit is to be 
 brought in the district in which either defendant resides or is 
 found and process may be served upon the remaining defend- 
 ant or defendants at any place within the city of Chicago. 
 (Section 29.) 
 
 Second — If the defendant be a corporation having its princi- 
 pal office in the city of Chicago, suit must be brought in the 
 district in which its principal office is located. (Section 29.) 
 
 Third — If the defendant be a corporation not having a prin- 
 cipal office in the city of Chicago, suit may be brought in any 
 district within which service of process may be had upon any 
 officer, agent or employe of such corporation upon whom service 
 of process might be had, if issued in a suit commenced in the 
 circuit court. (See section 29.) The officers, agents or employes 
 of such corporation upon whom service of process may be had 
 in such a case are specified in section 4 of the a^'t entitled "An 
 Act in regard to practice in courts of record, ' ' approved Febru- 
 ary 22, 1872, and in force July 1, 1872j as amended by the a^t 
 entitled "An Act to amend sections 2 and 4 of an act entitled 
 'An Act in regard to practice in courts of record,' approved 
 February 22, 1872," approved May 29, 1877, and in force July 
 1, 1877, the provisions of which constitute paragraph 5, p. 1531, 
 Hurd's R. S. of 1905. 
 
 Fourth — If the defendant be a non-resident of the State, 
 suit may be brought in any district when any property of the 
 defendant is levied upon Avithin such district or any garnishee 
 resides or is found in such district. (Section 29.) 
 
 The practice and mode of procedure, other than that above 
 specified, in cases of the fourth and fifth classes, is regulated by 
 section 48 by which it is declared that the practice and proceed- 
 ings in such eases, other than the mode of trial and the proceed- 
 ings subsequent to the trial, shall be the same, as near as may 
 be, as that which is now prescribed by law for similar eases in 
 courts of record with the following exceptions: 
 
 First — There are to be no written pleadings other than the 
 affidavit in attachment. 
 
 Second — The writs are to be made returnable in like manner 
 as the summons in other cases of the fourth and fifth classes.
 
 148 PRACTICE IN THE MUNICIPAL COURT. 
 
 Third — The plaintiff at the time of the coimnencement of the 
 suit must file a bill of particulars. 
 
 Fourth — The mode of trial and all proceedings subsequent 
 to the trial are to be the same, as near as may be, as in other 
 eases of the fourth and fifth classes. 
 
 The practice and proceedings in attachment cases in courts 
 of record are regiTlated by the act entitled "An Act in regard 
 to attachments in courts of record," approved February 23, 
 1871, R. S. of 1874, p. 152, and in force July 1, 187-2, as 
 amended by the act entitled "An Act to amend section 31 of an 
 act entitled 'An Act in regard to attachments in courts of rec- 
 ord,' approved December 23, 1871, and in force July 1, 1872," 
 approved June 19, 1893, and in force July 1, 1893, (Laws of 
 1893, p. 74), and also the act entitled "An Act to permit the 
 sale of live stock levied upon in attachment suits," approved 
 May 22, 1895, and in force July 1, 1895, (Laws of 1895, p. 79), 
 the provisions of which acts, so far as they are now in force, 
 are given in full in chapter 11 of Hurd's R. S. of 1905, pp. 176- 
 183. 
 
 Absolute and perfect conformity by the municipal court in 
 attachment cases of the fourth and fifth classes with the rules 
 of practice prescribed by these last mentioned three acts is 
 impossible because of various circumstances, such, for instance, 
 as the fact that there are to be no stated terms of the municipal 
 court, and that it is the legislative intent that the court shall 
 not exercise jurisdiction over defendants who are residents of 
 the state outside of the city of Chicago. Hence the act (section 
 48) only requires conformity "as near as may be" and it makes 
 the municipal court the sole judge of the applicability to its pro- 
 ceedings of the rules of practice prescribed by law for similar 
 cases in the circuit courts (section 19), leaving it, furthermore, 
 for the court to make suitable provisions for the just determina- 
 tion of the rights of the parties, in cases where the method of 
 procedure is not sufficiently prescribed. (Section 51.) 
 
 The practice in attachment cases will, therefore, be correctly 
 expressed by omitting sections 24 and 25 from said last men- 
 tioned three acts, and by changing the remaining sections 
 thereof so that they will read as follows : 
 
 Section 1. In the municipal court of Chicago a creditor may 
 have an attachment against the property of his debtor, or that
 
 ATTACHMENTS, 149 
 
 of any one or more of several debtore, when the indebtedness 
 exceeds $20 in any one of the following cases: 
 
 First — Where the debtor is not a resident of this State. 
 
 Secmid — When the debtor conceals himself or stands in defi- 
 ance of an officer, so that process cannot be served upon him. 
 
 Third — Where the debtor has departed from this state with 
 the intention of having his effects removed from this state. 
 
 Fourth — Where the debtor is about to depart from this state 
 with the intention of having his effects removed from this state. 
 
 Fifth — Where the debtor is about to remove his property 
 from this state to the injury of such creditor. 
 
 Sixth — Where the debtor has, within two years preceding the 
 filing of the affidavit required, fraudulently conveyed or 
 assigned his effects, or a part thereof, so as to hinder or delay 
 his creditors. 
 
 Seventh — Where the debtor has, within two years prior to 
 the filing of such affidavit, fraudulently concealed or disposed 
 of his property so as to hinder or delay his creditors. 
 
 Eighth — Where the debtor is about to fraudulently conceal, 
 assign or otherwise dispose of his property or effects, so as to 
 hinder or delay his creditors. 
 
 Ninth. — Where the debt sued for was fraudulently contracted 
 on the part of the debtor: Provided, the statements of the 
 debtor, his agent or attorney, which constitute the fraud, shall 
 have been reduced to writing, and his signature attached thereto, 
 by himself, agent or attorney. 
 
 Section 2. To entitle a creditor to such writ of attachment, 
 he or his agent or attorney shall make and file with the clerk 
 of such court, an affidavit setting forth the nature and amount 
 of his indebtedness, after allowing all just credits and set-offs, 
 and any one or more of the causes mentioned in the preceding 
 section, and also stating the place of residence of the defendants, 
 if known, and if not known, that upon diligent inqiiiry the 
 affiant has not been able to ascertain the same. 
 
 Section 3. It shall be sufficient, in all cases of attachment, 
 to designate defendants by their reputed names, by surnames, 
 and joint defendants by their separate or partnership names, 
 or by such names, styles or titles as they are usually known; 
 and heirs, executors and administrators of deceased defendants
 
 150 PRACTICE IN THE MUNICIPAL COURT. 
 
 shall be subject to the provisions of this net, in all cases in 
 which it may be applicable to them. 
 
 Section 4. Before granting an attachment, as aforesaid, the 
 clerk shall take bond and sufficient security, payable to the 
 defendant against whom the writ is to be issued, in double the 
 sum SAvorn to be due, conditioned for satisfying all costs which 
 may be awarded to such defendant, or to any others interested 
 in said proceeding, and all damages and costs which shall be 
 recovered against the plaintiff, for wrongfully suing out sucli 
 attachment — ^w^hich bond, with affidavit of the party complain- 
 ing, or his agent or attorney, shall be filed in the office of the 
 clerk gi'anting the attachment. P^very attachment issued with- 
 out a bond and affidavit taken, is hereby declared illegal and 
 void, and shall be dismissed. 
 
 Section 5. The condition of the bond required in the pre- 
 ceding section shall be substantially in the following form: 
 
 The condition of this obligation is such, that whereas the 
 
 above bounden hath, on the day of the date 
 
 hereof, prayed an attachment out of the municipal court of 
 
 Chicago in and for the district, at the suit of 
 
 against the estate of the above named .... 
 
 for the sum of , and the same being about to be 
 
 sued out of said court, returnable at ten o'clock a. m., on the 
 
 . . . day of , A. D., 19 . . (or, if the case 
 
 be one of the first class, on Monday the .... day of 
 
 A. D., 19 . .) Now, if the said 
 
 shall prosecute his suit with effect, or in case of failure therein 
 
 shall well and truly pay and satisfy the said all 
 
 such costs in said suit, and such damages as shall be awarded 
 against the said , his heirs, executors or admin- 
 istrators, in any suit or suits which may hereafter be brought 
 for wrongfully suing out the said attachment, then the above 
 obligation to be void; otherwise to remain in full force and 
 effect. 
 
 Section 6. The writ of attachment required in the preceding 
 section shall be directed to the bailiff', or in case he is interested, 
 or otherwise disqualified or prevented from acting, to the coro- 
 ner of Cook county, and shall be substantially in the following 
 form:
 
 ATTACHMENTS. 151 
 
 The People of the State of Illinois to the bailiff of the Munici- 
 pal Court of Chicago — Greeting: 
 
 Whereas, A B (or agent or attorney of A B, as the case may 
 be), hath complained that C D is justly indebted to the said A 
 B to the amount of ... . and that (here state the cause 
 
 set out in the afBdavit), and the said having 
 
 given bond and security, according to law: We therefore com- 
 mand you that you attach so much of the estate, real or per- 
 sonal, of the said C D to be found in said city of Chicago as 
 shall be of value sufficient to satisfy the said debt and costs, 
 according to the complaint, and such estate so attached in your 
 hands to secure, or so to provide, that the same may be liable to 
 further proceedings thereupon, according to law; and that you 
 summon C D to appear and answer the complaint of the said 
 A B before the Municipal Court of Chicago in and for the 
 
 District at , being a place in said 
 
 city of Chicago provided by the corporate authorities of said 
 city of Chicago for the holding of said court, at ten o'clock a. 
 
 M., on the . . . day of , A. D., 19 . . ; (or, 
 
 if the case be one of the first class, on Monday, the . . . 
 day of A. D. 19 . .) ; and that you also sum- 
 mon and such other persons as you shall be 
 
 required by the said A B, as garnishees, to be and appear before 
 the said Municipal Court of Chicago in and for the .... 
 district at ... . aforesaid, at ten o'clock a. m., on 
 said . . . day of . . . A, D. 190.., (or if the case be one 
 of the first class, on said Monday, the . . . day of . . . 
 A. D. . .) then and there to answer to what may be objected 
 against them. When and where you shall make known to the 
 said court how you have executed this writ, and have you then 
 and there this writ. 
 
 Witness , Clerk of said Municipal Court 
 
 of Chicago, this day of A. D. 19 . . 
 
 Which attachment shall be signed by the clerk and the seal 
 of the court affixed thereto. 
 
 Section 7. In all cases where two or more persons are jointly 
 indebted, either as partners or otherwise, and an affidavit shall 
 be filed as provided in the firet section of this act, so as to bring 
 one or more of such joint debtors within its provisions, and
 
 j.52 PRACTICE IN THE MUNICIPAL COURT. 
 
 amenable to the process of attachment, then the writ of attach- 
 ment shall issue against the property and effects of such as are 
 so brought within the provisions of this act; and the officer 
 shall also be directed in said writ to summon all joint debtors 
 named in the affidavit filed in the case, whether the attachment 
 is against them or not, to answer to the said action, as in other 
 cases of joint defendants. 
 
 Section 8. Such officer shall without delay execute such writ 
 of attachment upon the lands, tenements, goods, chattels, rights, 
 credits, moneys and effects of the debtor, or upon any such 
 lands or tenements in and to which such debtor has or may 
 claim any equitable interest or title, of sufficient value to satisfy 
 the claim sworn to, with costs of suit as commanded in such 
 writ. 
 
 Section 9. When a writ of attachment is levied upon any 
 real estate, in any case, it shall be the duty of the officer mak- 
 ing the levy to file a certificate of such fact with the recorder 
 of the county where such land is situated; and from and after 
 the filing of the same, such levy shall take effect as to creditors 
 and bona fide purchasers, without notice, and not before. 
 
 Section 10. The officer shall also serve said writ upon the 
 defendant therein, if he can be found, by reading the same to 
 him and by delivering to him a copy thereof and informing 
 him of the contents thereof. The return to such writ shall state 
 the particular manner in which the same was served. 
 
 Section 11. If the defendant, or any person for him, shall 
 be in the act of removing any personal property, the officer may 
 pursue and take the same in any county in this state, and 
 return the same to the city of Chicago. 
 
 Section 12. If it shall appear, by the affidavit, that a debtor 
 is actually absconding, or concealed, or stands in defiance of 
 an officer duly authorized to arrest him on civil process, as 
 aforesaid, or has departed this state with the intention of hav- 
 ing his effects and personal estate removed out of the state, or 
 intends to depart with such intention, it shall be lawful for the 
 clerk to issue, and the bailiff or other officer to serve, an attach- 
 ment against such debtor, on a Sunday as on any other day.
 
 ATTACHMENTS. 153 
 
 Section 13. The creditor may, at the same time, or at any 
 
 time before judgment, cause an attachment writ to be issued to 
 
 any county in the state where the debtor may have property 
 
 liable to be attached, which shall be levied as other attachment 
 
 writs: Provided, that if no property, rights or credits of the 
 
 debtor are found in the county in which suit is brought and no 
 
 defendant is served with surmnons or makes appearance, the 
 
 creditor shall not be entitled to judgment. 
 
 < 
 
 Section 14. The officer serving the writ shall take and re- 
 tain the custody and possession of the property attached, to 
 answer and abide by the judgment of the court, unle^ the per- 
 son in whose possession the same is found shall enter into bond 
 and security to the officer, to be approved by him, in double the 
 value of the property so attached, with condition that the said 
 estate and property shall be forthcoming to answer the judg- 
 ment of the court in said suit. The bailiff or other officer shall 
 return such bond to the court in which the suit is brought, on 
 the day on which such attachment is returnable. 
 
 Section 15. Any defendant in attachment, desiring the re- 
 turn of property attached, may at any time enter into a recog- 
 nizance with security in a sum sufficient to cover the debt and 
 damages sworn to in behalf of the plaintiff, with all interest, 
 damages and costs of suit, conditioned that the defendant will 
 pay the plaintiff the amount of the judgment and costs which 
 may be rendered against him in that suit, on a final trial, within 
 ninety days after such judgment shall be rendered. Such re- 
 cognizance shall be taken in open court and entered of re-cord, 
 the security to be approved by the court, and upon a forfeiture 
 of such recognizance judgment may be renderetl and execution 
 issued as in other cases of recognizance. Upon the taking of 
 such recognizance the attachment shall be dissolved, and the 
 property taken re-stored, and all previous proceedings, either 
 against the bailiff or against the garnishees, set aside, and the 
 caiLse shall proceed as if the defendant had been seasonably 
 served with a writ of summons. 
 
 Section 16. If the bailiff or other officer shall fail to return 
 a bond taken by virtue of the provisions of this act, or shall 
 have neglected to take one, when he ought to have done so, in
 
 154 PRACTICE IN THE MUNICIPAL COURT. 
 
 any attachment issued under any provisions of this act, the 
 plaintifF in the attachment may cause a rule to be entered at 
 any time within ten days of the time at which the writ is re- 
 turnable requirinj^ the said bailiff or other officer to return the 
 said bond; in case no bond has been taken, to show cause why 
 such bond was not taken. If the said bailiff or other officer 
 shall not return the said bond within one day thereafter, or 
 show legal and sufficient cause why the said bond had not been 
 taken, judgment shall be entered up against him for the amount 
 of the plaintiff's demand, with costs of suit. Execution may 
 thereupon issue for the same whenever judgment shall have 
 been entered against the defendant in the attachment. 
 
 Section 17. The plaintiff may, within thirty days after the 
 return of such bond, except to the sufficiency thereof, reason- 
 able notice of such exception having been given to the bailiff' 
 or other officer, who took the same, and if, upon hearing, the 
 court shall adjudge such security insufficient, the bailiff or other 
 offiicer shall be subject to the same judgment and recovery and 
 have the same liberty of defence as if he had been made de- 
 fendant in the attachment, unless good and sufficient security 
 shall be given within such time as may be directed by the court, 
 and execution may issue thereupon as in other cases of judg- 
 ment. And whenever the judgment of the plaintiff, or any 
 part thereof, shall be paid or satisfied by the bailiff or other 
 officer he shall have the same remedy against the defendant for 
 the amount so paid by him as is now provided by law for bail 
 against their principal, when a judgment is paid or satisfied by 
 them. 
 
 Section 18. If the plaintiff" shall not except to the bond 
 taken by the bailiff or other officer as aforesaid, or the excep- 
 tions are not sustained, and such bond shall be forfeited the 
 plaintiff in the attachment may bring suit thereon in his own 
 name, the same as if such bond had been a.ssigned to him, and 
 judgment shall be given for the plaintiff' against the obligore 
 in the bond for the value of the property, or if the property 
 is greater than the amount due upon the execution, then for the 
 amount due and costs of suit. 
 
 Section 19. When the bailiff' or other officer shall serve an 
 attachment on horses, cattle or live stock, and the same shall
 
 ATTACHMENTS. 155 
 
 not be immediately replevies! or restored to the debtor, the 
 bailiff or other officer shall provide sufficient sustenance for the 
 support of such live stock until the same shall be sold or dis- 
 charged from such attachment. He shall receive therefor a rea- 
 sonable compensation to be ascertained and determined by the 
 court out of which the attachment issued, and charged in his fee 
 bill, and shall be collectible as part of the costs. 
 
 Section 20. When any goods and chattels shall be levied on 
 by virtue of any attachment, and the bailiff or other officer in 
 whose custody such goods and chattels are, shall be of opinion 
 that the same are of a perishable nature and in danger of im- 
 mediate waste or decay, the bailiff or other officer shall sum- 
 mon three respectable freeholders of his county, who shall 
 examine the goods and chattels so levied on; and if the said 
 freeholders shall, on oath or affirmation, certify that in their 
 opinion they are of a perishable nature, and in danger of imme- 
 diate waste and decay, then such goods and chattels shall be 
 sold at public vendue, by the bailiff' or other officer, he having 
 first advertised such sale at the court hoiLse and two other pub- 
 lic places in his county at least ten days before the sale: Pro- 
 vided, such property may be sold upon such notice, less than 
 ten days, as the examiner shall certify will be for the best 
 interests of the parties concerned. The money arising from 
 such sale shall be liable to the judgment obtained upon such 
 attachment, and deposited in the hands of the clerk of the' 
 municipal court there to abide the event of such suit. 
 
 Section 21. When the bailiff or other officer is unable to 
 find property of any defendant, sufficient to satisfy any attach- 
 ment issued under the provisions of this act, he shall summon 
 the persons mentioned in such writ as garnishees, and all other 
 persons within the city of Chicago or within the county of such 
 other officer, whom the creditor shall designate as having any 
 property, effects, ehoses in action, or credits, in their posses- 
 sion or power, belonging to the defendant, or who are in anywise 
 indebted to such defendant, the same as if their names had been 
 inserted in such writ; the persons so summoned shall be con- 
 sidered as garnishees, and the bailiff or other officer shall state, 
 in his return, the names of all persons so summoned, and the 
 date of such service upon each.
 
 156 PRACTICE IN THE MUNICIPAL COURT. 
 
 Section 22. When it shall appear by the affidavit filed, or 
 by the return of the officer, that any defendant in any attach- 
 ment suit is not a resident of this state, or the defendant has 
 departed from this state, or on due inquiry cannot be found, 
 or is concealed within this state, so that process cannot be 
 served upon him, it shall be the duty of the clerk of the court 
 in which the suit is pending to give notice, by publication at 
 least once in each week for three weeks successively, in some 
 newspaper published in this state, most convenient to the place 
 where the court is held, of such attachment, and at whose suit, 
 against whose estate, for what sum, and before what court the 
 same is pending, the date on or before which the defendant is 
 required to appear, and that unless the defendant shall appear, 
 give bail, and plead within the time limited for his appearance 
 in such case, judgment will be entered, and the estate so at- 
 tached will be sold. And such clerk shall, within ten days after 
 the first publication of such notice^ send a copy thereof, by 
 mail, addressed to such defendant, if the place of residence is 
 stated in such affidavit; and the certificate of the clerk that he 
 has sent such notice in pursuance of this section, shall be evi- 
 dence of that fact. 
 
 Section 23. No default or proceeding shall be taken against 
 any defendant not served with summons, unless he shall appear, 
 i;ntil the expiration of ten days after the last publication afore- 
 said. 
 
 Section 26. The practice and pleadings in attachment suits, 
 except as otherwise provided in this act, or by sections 28 and 
 48 of the Municipal Court Act, shall conform, as near as may 
 be, to the practice in other suits at law in the circuit courts. 
 
 Section 27. The defendant, if the case be one of the first 
 class, may plead, traversing the facts stated in the affidavit upon 
 which the attachment issued, which plea shall be verified by 
 affidavit, or, if the case be one of the fourth class or one of the 
 fifth class, may traverse the facts stated in the affidavit upon 
 which the attachment issued by a counter-affidavit, and if, upon 
 the trial thereon, the issue made by said plea and affidavit or by 
 said affidavit shall, upon the trial thereof, be found for the 
 plaintiff the defendant may, if the case be one of the first class,
 
 ATTACHMENTS. 151^ 
 
 plead or demur to the action as in other eases or, if the case be 
 one of the fourth or one of the fifth class, may contest the 
 action as in other cases; but if found for the defendant, the 
 attachment shall be quashed, and the costs of attachment shall 
 be adjudged against the plaintiff, but the suit shall proceed to 
 final judgment as though commenced by summons. 
 
 Section 28. No writ of attachment shall be quashed nor the 
 property taken thereon restored, nor any garnishee discharged, 
 nor any bond by him given canceled, nor any rule entered 
 against the bailiff or other officer discharged, on account of any 
 insufficiency of the original affidavit, writ of attachment or at- 
 tachment bond, if the plaintiff, or some credible person for him, 
 shall cause a legal and sufficient affidavit or attachment bond 
 to be filed, or the writ to be amended, in such time and manner 
 as the court shall direct; and in that event the cause shall pro- 
 ceed as if such proceeding had originally been sufficient. 
 
 Section 29. In all cases of attachment, any person, other 
 than the defendant, claiming the property attached, may, if the 
 case be one of the first class, interplead, verifying his plea by 
 affidavit, or, if the case be one of the fourth class or one of the 
 fifth class, by filing an affidavit setting forth his claim, without 
 giving bail, but the property attached shall not thereby be 
 replevied; and the court shall immediately (unless good cause 
 be shown by either party for a postponement) direct a jury to 
 be impaneled to inquire into the right of property. In all 
 eases where the jury find for a claimant, such claimant shall 
 be entitled to his costs ; and where the jury find for the plaintiff 
 in the attachment, such plaintiff shall recover his costs against 
 such claimant. If such claimant is a non-resident of the state 
 he shall file security for costs as in case of non-resident plain- 
 tiff. 
 
 Section 30. Any defendant against whom an attachment 
 may be sued out under this act, may avail himself in his de- 
 fense of any set-off properly pleadable by the laws of this 
 state. 
 
 Section 31. The plaintiff, in any action which, if brought 
 in a circuit court, would be an action of assumpsit, debt, cove- 
 nant, trespass, or trespass on the case, having commenced an
 
 158 PRACTICE IN THE MUNICIPAL COURT. 
 
 action by summons or capias, may, at any time pending such 
 suit, and before judgment therein, on filing in the office of the 
 clerk where such action is pending, a sufficient bond and affi- 
 davit showing his right to an attachment under the first section 
 of this act, sue out an attachment against the lands, goods, chat- 
 tels, rights, moneys, credits and effects of the defendants, which 
 said attachment shall be entitled in the suit pending and be 
 in aid thereof; and such proceedings shall be thereupon had 
 as required or permitted in original attachments as near as may 
 be: Provided, this section shall not apply to actions in which 
 the defendant has been arrested and has given special bail : 
 and provided further, that in all actions which, if brought in a 
 circuit court, would be actions of trespass and trespass on the 
 case, before a writ of attachment shall be issued the plaintiff, 
 his agent or attorney, shall apply to a judge of the municipal 
 court or a master in chancery of Cook county, and be exam- 
 ined under oath by such judge or master concerning the cause 
 of action; and thereupon such judge or master shall endorse 
 upon the affidavit the amount of damages for which the writ 
 shall issue, and no greater amount shall be claimed. 
 
 Section 32. In all cases when a scire facias shall be sued 
 out of the municipal court, to make any person party to any 
 judgment that has been or hereafter may be rendered therein, 
 writs of attachment may be issued in aid thereof, against any 
 one or all persons named in said scire facias to any county of 
 this state, upon the terms provided in this act; and the parties 
 in such writs of attachment may be brought in by notice as in 
 other cases of attachment, when personal service cannot be had. 
 
 Section 33. Upon the return of attachments issued in aid 
 of actions pending, unless it shall appear that the defendant or 
 defendants have been served with process in the original cause, 
 notice of the pendency of the suit, and of the issue and levy of 
 the attachment, shall be given as is required in cases of orig- 
 inal attachment; and such notification shall be sufficient to en- 
 title the plaintiff to judgment, and the right to proceed thereon 
 against the property and estate attached, and against garnishees, 
 in the same manner and with like effect as if the suit had been 
 commenced by attachment.
 
 ATTACHMENTS. 159 
 
 Section 34. When the defendant ha^ been served with the 
 writ, or appears to the action, the judgment shall have the 
 same force and effect as in suits commenced by summons; and 
 execution may issue thereon, not only against the property at- 
 tached, but the other property of the defendant. 
 
 Section 35. When the defendant shall be notified as afore- 
 said, but not served with process, and shall not appear and 
 answer the action, judgment by default may be entered, which 
 may be proceeded upon to final judgment as in other cases of 
 default, but in no case shall judgment be rendered against the 
 defendant for a greater sum than appears, by the affidavit of 
 the plaintiff, to have been due at the time of obtaining the at- 
 tachment, with interest, damages and costs; and such judgment 
 shall bind, and a special execution shall issue against the prop- 
 erty, credits and effects attached, and no execution shall issue 
 against any other property of the defendant; nor shall such 
 judgment be any evidence of debt against the defendant in any 
 subsequent suit. 
 
 Section 36. The property attached may be levied upon by 
 execution issued in the attachment suit, whether in the hands 
 of the officer or secured by bond as provided in this act, and 
 shall be sold as other property levied upon by execution. 
 
 Section 37. All judgments in attachments against the same 
 defendant, levied at the same time, shall share pro rata, accord- 
 ing to the amount of the several judgments, in the proceeds of 
 the property attached, either in the hands of a garnishee oi^ 
 otherwise: Provided, when the property is attached while the 
 defendant is removing the same or after the same has been 
 removed from the city of Chicago, and the same is overtaken 
 and returned, or while the same is secreted by the defendant, 
 or put out of his hands, for the purpose of defrauding his cred- 
 itors, the court may allow the creditor or creditors through 
 whose diligence the same shall have been secured a priority over 
 other attachments or judgment creditors. 
 
 Section 38. Upon issuing execution against any property 
 attached, the proceeds of which shall be required to be divided, 
 the clerk shall, at the same time, make out and deliver to the 
 bailiff or other officer to whom the execution is issued, a state-
 
 160 PRACTICE IN THE MUNICIPAL COURT. 
 
 ment of all judgments, with the costs thereon, which shall be 
 entitled to share in such proceeds, and when any judgment cred- 
 itor shall have been allowed a priority over the other judgment 
 creditors, the same shall be stated. Upon the receipt of 
 such proceeds by the bailiff or other officer, he shall divide and 
 pay over the same to the several judgment creditors entitled to 
 share in the same in the proportion they shall be entitled there- 
 to. . 
 
 Section 39. The court may, at any time before the proceeds 
 of any attached property has been paid over to the judgment 
 creditors, order the whole or any part thereof to be paid into 
 court, and may make any and all such orders concerning the 
 same as it shall deem just. 
 
 Section 40. The plaintiff or defendant in any attachment, 
 person interpleading, and the sheriff, or either of them, who 
 may feel aggrieved by the judgment of the court, may prose- 
 cute writs of error and take appeals as by law is provided in 
 other cases of the class to which such attachment suit may be- 
 long. 
 
 Section 41. This act shall be construed in all courts in the 
 most liberal manner for the detection of fraud. 
 
 Section 42. That when any live stock is levied upon in any 
 attachment proceeding in the municipal court the plaintiff may 
 apply to the court for an order of sale thereof, and if it shall 
 appear that the stock is fit for market, or that if not sold will 
 depreciate in value, then the court shall order a sale of the 
 property on such terms as shall seem proper, and the proceeds 
 shall be deposited with the clerk of the court in which the suit 
 is pending until determined and then be paid to the successful 
 party in said suit.
 
 CHAPTEE VI. 
 
 ATTACHMENT OF WATER CRAFT CASES. 
 
 The difference between the practice in the circuit court and 
 that in the municipal court in attachment of water craft cases 
 has been to some extent indicated in the preceding portions of 
 this work, devoted to attachments. (See Chapter I and Chap- 
 ter III, Part II.) All other differences may be ascertained by 
 changing the attachment of water-craft act (Kurd's R. S. of 
 1905, Chapter 12, pp. 183-187) so that the same will read as 
 follows : 
 
 Section 1. Every sail vessel, steam boat, steam dredge, tug 
 boat, scow, canal boat, barge, lighter, and other water craft of 
 above five tons burthen used, or intended to be used in navi- 
 gating the waters or canals of this statCj or used in trade and 
 commerce between ports and places within this state, or having 
 their home port in this state, shall be subject to a lien thereon, 
 which lien shall extend to tackle, apparel and furniture of such 
 craft as follows: 
 
 First — For all debts contracted by the owner or part owner, 
 master, clerk, steward, agent or shipshusband of such craft, on 
 account of supplies and provisions furnished for the use of such 
 water craft, on account of work done or services rendered on 
 board of such craft by any seaman, master or other employer 
 thereof, or on account of work done or materials furnished by 
 mechanics, tradesmen or others, in or about the building, re-< 
 pairing, fitting, furnishing or equipping such craft. 
 
 Second — For all sums due for wharfage, anchorage or dock 
 hire, including the use of dry docks. 
 
 Third — For sums due for towage^ labor at pumping out or 
 raising, when sunk or disabled, and to shipshusband or agent 
 of such water craft, for disbursements due by the owner on 
 account of such water craft. 
 
 Fourth- — For all damages arising for the non-performance 
 of any contract of affreightment, or of any contract touching 
 11 161
 
 162 PRACTICE IN THE MUNICIPAL COURT. 
 
 the transportation of property entered into by the master, own- 
 er, agent or consignee of such water craft, where any such con- 
 tract is made in this state. 
 
 Fifth — For all damages arising from injuries done to per- 
 sons or property by such water craft, whether the saine are 
 aboard said vessel or not, where the same shall have occurred 
 through the negligence or misconduct of the (jwner, agent, mas- 
 ter or employes thereon ; but said craft shall not be liable for 
 any injury or damage received by one of the crew from another 
 member of the crew. 
 
 Section 2. There shall also be a lien upon the goods, wares 
 and merchandise shipped, taken in and put aboard any such 
 water craft for sums due for freight, advanced charges and 
 demurrage, which shall be collected against said goods, wares 
 and merchandise in the same manner as hereinafter provided in 
 this act, in eases of sums due against said water craft. 
 
 Section 3. Any such lien may be enforced in the manner 
 hereinafter provided at any time within five years: Provided, 
 no creditor shall be allowed to enforce such lien as against, or to 
 the prejudice of, any other creditor or subsequent incumbrance, 
 or bona fide purchaser, unless proceedings Ih> instituted to en- 
 force such lien within nine months after tlie indebtedness ac- 
 crues or becomes due. 
 
 Section 4. The person claiming to have a lien under the 
 provisions of this act may file with the clerk of the municipal 
 court, if the water craft upon which said lien is claimed is 
 within the city of Chicago, a petition, setting forth the nature 
 of his claim, the amount due after allowing all payments and 
 just set-offs, the name of the water craft, and the name and 
 residence of each OAvner known to the petitioner; and when 
 any owner or his place of residence is not known to the peti- 
 tioner, he shall so state, and that he has made inquiry and is 
 unable to ascertain the same; which petition shall be verified 
 by affidavit of the petitioner or his agent or attorney. If the 
 claim is upon an account or instrument in writing, a. copy of 
 thp same shall be attached to the petition. 
 
 Section ;">. The petitioner, or his agent or attoTTiey, shall 
 also file with such petition a bond, payabl<> to the owner of the
 
 ATTACHMENT OF WATER CRAFT. 163 
 
 craft to be attached, or, if unknown, to the owners thereof, in 
 at least double the amount of the claim, with security to be 
 approved by the clerk, conditioned that the petitioner shall 
 prosecute his suit with effect, or, in case of failure therein, will 
 pay all costs and damages which the owner or other persons 
 interested in such Avater craft may sustain, in consequence of 
 the wrongful suing out of such attachment, which bond may be 
 sued by any owner or person interested, in the same manner as 
 if it had been given to such person by his proper name. Only 
 such persons shall be required to join in such suit as have a 
 joint interest; others may allege breaches and have assessment 
 of damages, as in other cases of suits on penal bonds. 
 
 Section 6. Upon the filing of such petition and bond as 
 aforesaid, the clerk shall issue a writ of attachment against the 
 owners of such water craft, directed to the bailiff of the munic- 
 ipal court, commanding him to attach such water craft, which 
 writ shall be tested and returnable as other writs of attachment. 
 Such owners may be designated by their reputed names, by sur- 
 names, and joint defendants by their separate or partnership 
 names, or by such names, styles or titles as they are usually 
 known. If the name of any owner is unknown, he may be desig- 
 nated as an unknown owner. 
 
 Section 7. The writ shall be substantially in the following 
 form: 
 
 State of Illinois, ] 
 City of Chicago, V ss. 
 District, j 
 
 The People of the State of Illinois, to the Bailiff of the Munic- 
 ipal Court of Chicago — Greeting: 
 
 Whereas, (name of the petitioner) hath com- 
 plained that the owners of the (name of the ves- 
 sel) are justly indebted to him in the sum of 
 
 Dollars (amount due) for which he claims a lien upon said 
 vessel, and has given bond with security as required by law: 
 
 We, therefore, command you that you attach the said 
 
 (name of vessel) her tackle, apparel and furniture, to satisfy 
 such demand and costs, and all such demands as shall be exhib- 
 ited against such vessel according to law, and having attached
 
 154 PRACTICE IN THE MUNICIPAL COURT. 
 
 the same, you summoii (here insert the names of 
 
 owners of such vessel) owners of such vessel, to be and appear 
 
 before the municipal court of Chicago at (here 
 
 give location of court), being one of the places in said city of 
 Chicago provided by the corporate authorities thereof for the 
 
 holding of the same, on Monday the day of 
 
 A. D. 190. . . . (or if the ease be one of the fourth 
 
 class or one of the fifth class, at ten o'clock a. m. on the 
 
 day of A. D. 19 ) then and 
 
 there to answer what may be objected against them and the 
 
 said (name of vessel). And have you then and 
 
 there this writ with a return thereon in what manner you have 
 executed the same. 
 
 Witness , Clerk of said court and the 
 
 seal thereof at Chicago aforesaid this day of 
 
 A. D. 19.... 
 
 Clerk. 
 
 Section 8. The bailiff or other officer to whom such writ 
 shall be directed, shall forthwith execute the same by reading 
 the same to such defendants and attaching the vessel, her tackle, 
 apparel and furniture, and shall keep the same until disposed of 
 as hereinafter provided. Such bailiff or other officer shall also 
 on or before the return day of such writ, or at any time after 
 the service thereof, upon the request of the petitioner, make a 
 return to such court, stating therein particularly his doings in 
 the premises, and shall make, subscribe and annex thereto a just 
 and true inventory of all the property so attached. 
 
 Section 9. Whenever any such writ shall be issued and 
 served no other attachment shall issue against the said water 
 craft, unless the first attachment is discharged, or the vessel is 
 bonded. 
 
 Section 10. Upon return being made to such writ, unless the 
 vessel has been bonded, as hereinafter provided, the clerk shall 
 immediately cause notice to be given in the same manner as re- 
 quired in other cases of attachment. The notice shall contain, in 
 addition to that required in other cases of attachment, a notice
 
 ATTACHMENT OF WATER CRAFT. 165 
 
 to all persons to intervene for their interests on a day certain, 
 or that said claim will be heard ex paHe. 
 
 Section 11. Any person having a lien upon or any interest 
 in the water craft attached, may intervene to protect such in- 
 terest, by filing a petition as hereinbefore provided, entitled an 
 intervening petition; and any person interested may be made 
 a defendant at the request of himself, or any party to the suit, 
 and may defend any petition by filing an answer as hereinafter 
 provided, and giving security satisfactory to the court, to pay 
 any costs arising from such defense ; and upon the filing of any 
 intervening petition, a summons, as hereinbefore provided, shall 
 issue; and if the same shall be returned not served, notice by 
 publication may be given as aforesaid; and several intervening 
 petitioners may be united with each other, or the original, in 
 one notice. 
 
 Section 12. Any person intervening to enforce any lien or 
 claims adverse to the owners of the craft attached shall, at the 
 time of filing his petition, file with the clerk a bond as in the 
 case of original attachment. 
 
 Section 13. Intervening petitions may be filed at any time 
 before the vessel is bonded, as provided in section fifteen (15) ; 
 or, if the same is not so bonded, before order for distribution 
 of the proceeds of the sale of the craft. And the same proceed- 
 ing shall thereupon be had as in the case of claims filed before 
 sale. 
 
 Section 14. All liens upon any water craft which shall not 
 be filed hereunder before sale under decree or judgment, as 
 hereinafter provided, shall cease. 
 
 Section 15. The owner, or his agent or attorney, or any 
 other person interested in such water craft, desiring the return 
 of the property attached, having first given notice to the peti- 
 tioner, his agent or attorney, of his intention to bond the same, 
 may, at any time before judgment, file with the clerk of the 
 court in w^hich the suit is pending, a bond to the parties, having 
 previously filed petitions against such craft, in a penalty at 
 least double the aggregate of all sums alleged to be due the sev- 
 eral petitioners, with security to be approved by the clerlv. eon-
 
 166 PRACTICE IN THE MUNICIPAL COURT. 
 
 (iitioned that the obligors will pay all moneys adjudged to be 
 due such claimants with costs of suit. 
 
 Section 16. If the owner or his agent or attorney, or other 
 party in interest, so elect, in place of bonding, as aforesaid, 
 he may apply to the court upon like notice as aforesaid, for an 
 order of appraisement of such water craft so seized,' by three 
 competent persons to be appointed by the court and named in 
 the order, and upon such party depositing with the clerk the 
 jimount of such appraisement in money, or executing or filing 
 with him a bond for said amount, executed as provided in the 
 preceding section, it shall be the duty of the clerk to issue an 
 order of restitution, as provided in next section, and if the 
 claimant of such water craft shall decline any such application, 
 or neglect within twenty days to accept such appraisement and 
 make the deposit, or give the bond aforesaid, or the property 
 seized shall be liable to decay, depreciation or injury from de- 
 lay, the court, in its discretion, may order tlie same or part 
 thereof to be sold, and the proceeds thereof to be brought into 
 court to abide the event of the suit. 
 
 Section 17. Upon receiving a bond or deposit, as provided 
 in either of the foregoing sections, it shall be the duty of the 
 clerk to issue an order of restitution, directing the officer who 
 attached the water craft to deliver the same to the pereon from 
 whose possession the same was taken, and said water craft shall 
 thenceforth be discharged from all the liens secured by such 
 bond or deposit, unless the court, upon motion, shall order the 
 same again into custody on account of the insufficiency or in- 
 solvency of the surety. 
 
 Section 18. If any petitioner shall, at any time, become 
 satisfied that his security is insufficient, or has become imper- 
 iled, he may, by motion founded upon affidavit filed, and upon 
 notice served Avith copy of such affidavit and motion, move the 
 court to direct tlie giving of additional security, which motion 
 shall be summarily heard and determined, and such order made 
 therein as justice shall require; and the court shall have power 
 to enforce all orders so made by attachment for contempt 
 against persons, or writ against such water craft, or otherwise.
 
 ATTACHMENT OF WATER CRxVFT. 167 
 
 Section 19. Within three days after the return day of such 
 summons, if the same has been personally served the number of 
 days required by the Municipal Court Act prior to such return 
 day, or within three days after the defendant is required to 
 appear by the published notice, if the defendant has been noti- 
 fied by publication only, the owner or any person interested 
 adversely to the claims mentioned in the notice, unless, on cause 
 shown, further time shall be allowed by the court, shall except, 
 demur or file his answer upon oath or affirmation. The answer 
 shall be full and distinct to each allegation of the petition, but 
 such answer shall not have the effect of a sworn answer in 
 chancery as evidence. At the time of filing an exception, de- 
 murrer or answer, an affidavit of the claimant, or his agent or 
 attorney, shall be filed, stating that the claimant has a good 
 defense upon the merits. And in case no such exception, de- 
 murrer or answer, together with such affidavit of merit, be 
 filed within the time above specified, the petitioner shall be en- 
 titled to a default, and the demand may be proved and judg- 
 ment rendered as in other cases. 
 
 Section 20. Amendments may be allowed as in other cases 
 and upon like terms and conditions, and the court may take all 
 proceedings and make all orders necessary to fully dispose of the 
 rights of all persons interested in the property attached, and 
 for that purpose may add new parties whenever necessary, who 
 may be summoned or notified as in case of original defendants. 
 
 Section 21. If, upon the trial, judgment shall pass for the 
 petitioner, and the water craft has been discharged from cus- 
 tody as herein provided, said judgment or decree shall be ren- 
 dered against the principal and sureties in the bond : Provided, 
 that in no case shall the judgment exceed the penalty of the 
 bond, and the subsequent proceedings shall be the same as now 
 provided by law in personal actions in the courts of record of 
 this state. If the release has been upon deposit, the judgment 
 shall be paid out of said deposit. 
 
 Section 22. In case the water craft has not been discharged 
 from custody, the judgment or decree shall be that the same, 
 with the appurtenances, be sold at public vendue by the bailiff, 
 after notice of the time and place of said sale, published as
 
 168 PRACTICE IN THE MUNICIPAL COURT. 
 
 herein required in case of a seizure, at least ten days before 
 fiueh sale; Provided, that in case of petition filed prior to dis- 
 tribution, the judgment shall be for payment out of the pro- 
 ceeds of sale, and in case of claims filed against surplus pro- 
 ceeds, the judgment, if in favor of the petitioner, shall, in sub- 
 stance, affirm the claim to be sustained, and direct payment 
 thereof from the surplus proceeds. 
 
 Section 23. The clerk shall thereupon issue an order of sale, 
 commanding the bailifi; to sell such water craft as directed in 
 the judgment, and to return said writ within twenty-four hours 
 after sale, with his doings in the premises, and with proof, by 
 affidavit, of the requisite notice, with a copy of such notice. 
 
 Section 24. It shall be the duty of the bailiff, upon receiving 
 the amount of the bid at any sale, either before or after judg- 
 ment, from the purchaser, or in case the purchaser is petitioner 
 or an intervenor, upon receiving so much of the bid as the court 
 shall direct by special order, reference being had to the relative 
 amount of the buyer's claim, to deliver such water craft and 
 appurtenances to the purchaser, with a bill of sale thereof, and 
 to return and to deliver to the clerk the amount by him received 
 on such sale. 
 
 Section 25. A copy of the last enrollment, if any, of such 
 water craft, shall be recited in the bill of sale if such copy 
 can be obtained, and a copy of the judgment, with the order of 
 sale or if such craft is sold pursuant to an order before judg- 
 ment, a copy of such order shall also be recited in such bill of 
 sale, certified by the clerk, under the seal of the court ; and such 
 bill of sale shall be full and complete evidence of the regularity 
 of the judgment or order and sale, in all courts and places, and 
 shall supersede the necessity of any other proof thereof to 
 validate said bill of sale; and all bills of sale containing such 
 recital, and supported by such proof, shall be effectual to pass 
 the title of such water craft. 
 
 Section 26. The sum delivered by the bailiff to the clerk 
 as aforesaid, shall be distributed by the court upon motion of 
 any party in interest of record, and due notice to the other par- 
 ties, and after the following manner: 
 
 First — The costs accruing upon all complaints filed before
 
 ATTACHMENT OF WATER CRiVFT. 169 
 
 distribution, and on which judgment or decree is or may be 
 thereafter rendered in favor of complainant. 
 
 Second — Seamen's (which term shall include the master) 
 wages due upon the last two voyages, or if shipped by the month 
 the last two months. 
 
 Third. — All other claims filed prior to order of distribution on 
 Avhich decree or judgment may be rendered in favor of com- 
 plainant, together with whatever balance may be due seamen. 
 
 Section 27. Any portion of the sum so paid by the bailiff to 
 the clerk, or of a deposit remaining after such distribution as 
 aforesaid, shall be denominated remnants and surplus proceeds, 
 and where any claim or complaint shall be filed against the 
 same as provided in this act, distribution shall be directed by 
 the court after decree or judgment upon motion and notice, 
 as provided in the last section, and after the following order : 
 
 Fii'st — All <;osts upon claims passing into decree which were 
 filed after distribution. 
 
 Second — All other liens enforceable under this act against 
 the water craft prior to distribution. 
 
 Third — All claims upon mortgages of such water craft or 
 other incumbrances by the owner, in proportion to the interest 
 they cover and priority. 
 
 Fourth — Upon petition of the creditor, all judgments at law, 
 or decrees in chancery against the owner, and which ought 
 equitably to be paid out of the proceeds in preference to the 
 owner. 
 
 Fifth — The owner. 
 
 Section 28. In case the sum for which the water craft is 
 sold is sufficient to pay all the claims filed before distribution, 
 with costs thereon, and an appeal is taken as hereinafter pro- 
 vided, the court may order distribution of such portion of the 
 sura brought on sale upon judgments unappealed from as may 
 seem just and proper. 
 
 Section 29. Any party complaining or defending, who may 
 think himself aggrieved by the final judgment of the court, 
 may appeal therefrom to the supreme court, or may prosecute a 
 writ of error in the same manner as appeals or writs of error 
 are taken or prosecuted in other cases.
 
 CHAPTER VII. 
 ' REPLEVIN CASES. 
 
 Replevin cases of the first class are those in which the value 
 of the property sought to be recovered, as claimed by the plain- 
 tiff, exceeds one thousand dollars ($1,000). In general the 
 practice in those cases is indicated in the chapter devoted to 
 cases of the first class. (See Chapter I, Part II.) 
 
 Replevin cases of the fourth class are those in which the 
 value of the personal property claimed does not exceed one 
 thousand dollars ($1,000). (See paragraph fourth of section 
 2.) A case of this character must be brought and prosecuted in 
 the district in which the defendant resides or is found, except- 
 ing in the following cases: 
 
 First — If there be more than one defendant, suit is to be 
 brought in the district in which either defendant resides or is 
 found, and process may be served upon the remaining defend- 
 ant or defendants at any place within the city of Chicago. 
 (Section 29.) 
 
 Second — If the defendant be a corporation having its prin- 
 cipal office in the city of Chicago, suit must be brought in the 
 district in which its principal office is located. (Section 29.) 
 
 Third — If the defendant be a corporation not having a prin- 
 cipal office in the city of Chicago, suit may be brought in any 
 district within which service of process may be had upon any 
 officer, agent or employe of such corporation upon whom service 
 of process might be had, if issued in a suit commenced in the 
 circuit court. (See section 29.) The officers, agents or em- 
 ployes of such corporation upon whom service of process may be 
 had in such a case are specified in section 4 of the act entitled 
 ""An Act in regard to practice in courts of record," approved 
 Feb, 22, 1872, and in force July 1, 1872, as amended by the act 
 entitled "An Act to amend sections 2 and 4 of an act entitled 
 'An act in regard to practice in courts of record,' approved 
 Feb. 22, 1872," approved May 29, 1877, and in force July 1, 
 1877, the provisions of which constitute paragraph 5, p. 1531, 
 Hurd's R. S. of 1905. 
 
 170
 
 REPLEVIN CASES. 171 
 
 The practice and mode of procedure, other than as above 
 specified, is regulated by section 48, by which it is declared that 
 the practice and proceedings in such cases, other than the mode 
 of trial and the proceedings subsequent to the trial, shall be 
 Ihe same, as near as may be, as that which is now prescribed 
 by law for similar cases in courts of record with the following 
 exceptions : 
 
 First — There are to be no written pleadings other than the 
 affidavit in replevin. 
 
 Second — The writs are to be made returnable in like manner 
 as the summons in other cases of the fourth and fifth classes. 
 
 Third — The mode of trial and all proceedings subsequent to 
 the trial are to be the same, as near as may be, as in other eases 
 of the fourth and fifth classes. 
 
 The practice and proceedings in replevin cases in courts of 
 record are regulated by the act entitled "An Act to revise the 
 law in relation to replevin," approved Feb. 9, 1874, and in force 
 July 1, 1874, R. S. of 1874, p. 851, as amended by the act en- 
 titled "An Act to amend sections ten and twenty-five of an act 
 entitled 'An Act to revise the law in relation to replevin,' ap- 
 proved Feb. 9th, 1874, in force July 1st, 1874," appl-oved May 
 28, 1879, and in force July 1, 1879 (Laws of 1879, p. 238), and 
 the act entitled "An Act to amend section 4 of an act entitled 
 'An Act to revise the law in relation to replevin,' approved 
 Feb. 9, 1874, and in force July 1, 1874," approved May 15, 
 1903, and in force July 1, 1903 (Laws of 1903, p. 293). The 
 provisions of these acts, so far as that are now in force, are 
 given in full in Chapter 119 of Kurd's R. S. of 1905, pp. 
 1634-7. 
 
 Absolute and perfect conformity by the municipal court in 
 replevin cases with the rules of practice prescribed by these last 
 mentioned three acts is impossible, because of various circum- 
 stances such, for instance, as the fact that there are to be no 
 stated terms of the municipal court and that it is the legislative 
 intent that the court shall not exercise jurisdiction over defend- 
 ants who are not residents of or found within the city of Chi- 
 cago. Hence, as has already been stated with respect to attach- 
 ment cases of the fourth and fifth classes, the act (section 48) 
 only requires conformity "as near as may be," and it makes 
 the municipal court the sole judge of the applicability to its
 
 172 PRACTICE IN THE MUNICIP-VL COURT. 
 
 l)ro<;eedings of the rules of practice prescribed by law for simi- 
 lar cases in the circuit courts (section 19), leaving it, further- 
 more, for the court to make suitable provisions for the just de- 
 termination of the rights of the parties in cases where the meth- 
 od of procedure is not sufficiently prescribed. (Section 51.) 
 
 The practice in replevin cases will, therefore, be correctly ex- 
 pressed by omitting section 8, from said last mentioned three 
 acts, and by changing the remainijig sections thereof so that 
 they will read as follows : 
 
 Section 1. That whenever any goods or chattels shall have 
 been wrongfully destrained, or otherwise wrongfully taken, or 
 shall be wrongfully detained, an action of replevin may be 
 brought for the recovery of such goods or chattels, by the owner 
 or person entitled to their possession, in any court of competent 
 jurisdiction. 
 
 Section 2. No action of replevin shall lie at the suit of the 
 defendant in any exeeution or attachment, to recover goods or 
 chattels seized by virtue thereof, unless such goods and chattels 
 are exempted, by law, from such execution or attachment; nor 
 shall an action of replevin lie for such goods and chattels at the 
 suit of any other person, unless he shall, at the time, have a 
 right to reduce into his possession the goods taken. 
 
 Section 3. The action, if one of the first class, can only be 
 commenced in the municipal court, when the defendant, if there 
 be but one defendant, resides or is found within the city of 
 Chicago, or, if the defendant be a corporation, unless its princi- 
 pal office is within said city; but if the defendant be a corpo- 
 ration not having a principal office in the city of Chicago, such 
 suit may be brought in the municipal court whenever service 
 of process may be had within the city upon any officer, agent or 
 employe of such corporation upon whom service of process 
 might be had if issued in a suit commenced in the circuit court. 
 If the action be not one of the first class it must be brought and 
 prosecuted in the district in which the defendant, if there be 
 but one defendant, or one of the defendants, if there be more 
 than one defendant, resides or is found, or if the defendant be 
 a corporation having its principal office in the city of Chicago 
 the action may be brought in the district in which its prin-
 
 REPLEVIN CASES. 173 
 
 cipal office is located, but if the defendant be a corporation not 
 having a principal office in the city of Chicago suit may be 
 brought in any district within which service of process may be 
 had upon any officer, agent or employe of such corporation 
 upon whom service of process might be had if issued in a suit 
 commenced in the circuit court. If in any such case there is 
 more than one defendant, and one defendant resides or is found 
 within the district in which such suit is brought or is properly 
 served with process therein, the process of the municipal court 
 may be served upon the remaining defendant or defendants 
 at any place within the city of Chicago. But no such action 
 shall be brought against the city of Chicago or any other mu- 
 nicipal corporation in any other than the first district. 
 
 Section 4. The person bringing such action shall, before the 
 writ issues, file with the clerk of the municipal court in the 
 district in which the action is brought, an affidavit showing that 
 the plaintiff in such action is the owner of the property de- 
 scribed in the writ and about to be replevied, or that he is then 
 lawfully entitled to the possession thereof, and that the property 
 is wrongfully detained by the defendant, and that the same 
 has not been taken for any tax, assessment, or fine levied by 
 ^'irtue of any law of this State against the property of such 
 plaintiff, or against him individually, nor seized under any ex- 
 ecution or attachment against the goods and chattels of such 
 plaintiff liable to execution or attachment, nor held by virtue 
 of any writ of replevin against such plaintiff. 
 
 Section 5. When the affidavit is made by any person on 
 behalf of the plaintiff, the same may be upon the information 
 and belief of the affiant. 
 
 Section 6. The writ shall be directed to the bailiff of the 
 municipal court, (or if he be interested in the suit, to the cor- 
 oner of Cook county) to serve, and shall be made returnable 
 as writs of summons in other cases of the class to which the 
 suit belongs. 
 
 Section 7. The writ of replevin shall require the bailiff or 
 other officer to take the property, describing it as in the affi- 
 davit, from the possession of the defendant, and deliver the 
 same to the plaintiff, and to summon the defendant to answer
 
 174 PRACTICE IN THE MUNICIPAL COURT. 
 
 the plaintiff in the action, or in case the property or any part 
 thereof is not found and delivered to the bailiff or other ofificer, 
 to answer the plaintiff' for the value of the same. 
 
 Section 9. When it appears b}^ the return of the ofiBcer 
 that any defendant is not found, "alias" and "pluries" writs 
 directinsr the bailiff to summon the defendant may issue on 
 the application of the defendant until such defendant is served. 
 
 Section 10. Before the execution of any writ of replevin, 
 the plaintiff or some one else on his behalf, shall give to the 
 bailiff or other officer bond with sufficient security in double 
 the value of the property about to be replevied, conditioned 
 that he will prosecute such suit to effect, and without delay, 
 and make return of the property, if return of the property 
 shall be awarded, and save and keep harmless the bailiff or 
 other officer in replevying such property, and further condi- 
 tioned for the payment of all costs and damages occasioned by 
 wrongfully suing out said writ of replevin, and if the sureties 
 on such bond, at any time before trial, shall become insolvent, 
 a rule 7iisi shall be entered, requiring good and sufficient re- 
 plevin bond to be filed, and if the same shall not be so filed 
 within the time fixed by the court, the suit shall be dismissed. 
 
 Section 11. The bailiff or other officer shall return the bond 
 so taken by him, together with the writ to the clerk of the mu- 
 nicipal court in the district in which the same was isusued. 
 
 Section 12. If the bailiff or other officer fails to taJ<e and re- 
 turn the bond, as required by this act, or returns an insufficient 
 bond, he shall be liable to the party injured for all damages 
 he may sustain by reason of such neglect, which may l)e re- 
 covered in an action on the case, in any court of competent 
 jurisdiction, or by an action upon his official bond. 
 
 Section 13. The bailiff or other officer shall not be liable, 
 inider the preceding section, unless the bond was insufficient 
 when taken, nor unless suit is commenced against him. or upon 
 his bond, within three years after the cause of action shall have 
 accrued. 
 
 Section 14. Upon such bond being given, the bailiR' or other 
 officer shall forthwith execute such writ by seizing and deliver-
 
 REPLEVIN CASES. 175 
 
 ing the property therein mentioned to the plaintiff or his agent, 
 and by reading such writ to the defendant and delivering to 
 him a copy thereof and informing him of the contents of said 
 writ, if the defendant can be found. 
 
 Section 15. It shall be the duty of a bailiff or other officer 
 having a writ of replevin, to serve the same by reading the same 
 to the defendant and delivering him a copy thereof and inform- 
 ing him of the contents of the writ, whether the property is found 
 or delivered to him or not, unless, when none of the property is 
 found, the bailiff or other officer is otherwise directed by the 
 plaintiff or his agent. 
 
 Section 16. When it shall appear by affidavit of the plain- 
 tiff', his attorney or agent, or by the return of the officer, that 
 any defendant against whom suit may properly be brought in 
 such district as provided by section 3 above, has departed from 
 this State, or on due inquiry cannot be found, or is concealed 
 within this State, so that process cannot be served on him, notice 
 may be given as provided by law in cases of attachment, and 
 with like effect. 
 
 Section 17. Declarations in replevin in cases of the first 
 class may be filed in like manner as other declarations in cases 
 of that class in the municipal court. 
 
 Section 18. When the property, or any part thereof, has 
 not been found or delivered, as aforesaid, and the defendant is 
 summoned or enters his appearance, the plaintiff may, in a case 
 of the first class, declare in trover, or, in a case of the fourth 
 class, file a bill of particulars in trover, for such property 
 or so much thereof as is not found and delivered to thr* bailiff, 
 or other officer, and, as to the property not found and delivered, 
 the plaintiff, if he shall recover, shall be entitled to judgment 
 for the value thereof or his interest therein, and such damages 
 as he shall have sustained by reason of the wrongful taking 
 and detention, as in other cases of trover. 
 
 Section 19. It shall be sufficient for the defendant, in all 
 cases of replevin for disti-ess taken for rent, to avow or make 
 cognizance generally, without particularly setting forth the 
 tenure or title to the lands wlici-con such distress was taken.
 
 176 PRACTICE IX THE MUNICIPAL COURT. 
 
 Section 20. When the suit is one of the fourth class, no 
 written pleadings shall be required. 
 
 Section 21. Amendments shall be permitted in such actions 
 as in other suits at law. 
 
 Section 22. If the plaintiff in any action of replevin fails 
 to prosecute his suit with effect, or suffers a non-suit or dis- 
 continuance, or if the right of property is adjudged against 
 him, judgment shall be given for a return of the property 
 and damages for the use thereof from the time it was taken 
 until a return thereof shall be made, unless the plaintiff shall, 
 in the meantime, have become entitled to the possession of the 
 property, when judgment may be given against him for costs 
 and such damages as the defendant shall have sustained; or if 
 the property was held for the payment of any money, the judg- 
 ment may be in the alternative that the plaintiff pay the amount . 
 for which the same was rightfully held, with proper damages 
 within a given time, or make return of the property. 
 
 Section 23. If judgment is given for the plaintiff in re- 
 plevin, he shall recover damages for the detention of the prop- 
 erty while the same was wrongfully detained by the defendant. 
 
 Section 24. In either case provided for in the two preced- 
 ing sections, if the case is tried by a jury, the damages may be 
 assessed by such jury, but if the plaintiff makes default or the 
 judgment is given for defendant without a trial, the damages 
 may be assessed by the court or by a jury impaneled for that 
 purpose. 
 
 Section 25. If at any time the conditions of the bond re- 
 quired by section 10 of this act shall be broken, the bailiff, or 
 other officer, or the plaintiff in the name of the bailiff or other 
 officer to his own use, as the case may be, may sue and maintain 
 an action on such bond for the recovery of all such damages 
 and costs as may have been sustained in consequence of the 
 breach of such condition. 
 
 Section 26. When the merits of the case have not been de- 
 termined in the trial of the action in which the bond was given, 
 the defendant in the action upon the replevin bond may plead 
 that fact and his title to the property in dispute, in said action 
 of replevin.
 
 CHAPTER Vni. 
 
 CASES OF DISTRESS FOR RENT. 
 
 Distress for rent eases of the first class are those in which the 
 amount of money sought to be recovered exceeds one thousand 
 dollars ($1,000). In general, the practice in those cases is 
 indicated in the chapter devoted to cases of the first class. (See 
 Chapter I, Part II.) 
 
 Cases of distress for rent of the fourth class are those in 
 which the amount of money sought to be recovered does not 
 exceed one thousand dollars ($1,000) (see paragraph fourth of 
 section 2). Cases of this character must be brought and prose- 
 cuted in the district in which the defendant resides or is found, 
 excepting in the following cases: 
 
 First — If there be more than one defendant, suit is to be 
 brought in the district in which either defendant resides or is 
 found, and process may be served upon the remaining defend- 
 ant or defendants at any place within the city of Chicago. 
 (Section 29.) 
 
 Second — If the defendant be a corporation having its princi- 
 pal office in the city of Chicago, suit must be brought in the dis- 
 trict in which its principal office is located. (Section 29.) 
 
 Third — If the defendant be a corporation not having a prin- 
 cipal office in the city of Chicago, suit may be brought in any 
 district within which service of process may be had upon any 
 officer, agent or employe of such corporation upon whom serv- 
 ice of process might be had, if issued in a suit commenced in 
 the circuit court. (See section 29.) The officers, agents or 
 employes of such corporation upon whom service of process 
 may be had in such a case are specified in section 4 of the act 
 entitled "An act in regard to practice in courts of record," ap- 
 proved February 22, 1872, and in force July 1, 1872, as amend- 
 ed by the act entitled "An act to amend sections 2 and 4 of an 
 act entitled 'An act in regard to practice in courts of record,' 
 approved February 22, 1872," approved May 29, 1877, and in 
 force July 1, 1877, the provisions of which constitute para- 
 graph 5, p. 1531 of Kurd's R. S. of 1905. 
 12 177
 
 178 PRACTICE IN TUE MUNICIPAL COURT. 
 
 • The practice and mode of procedure other than that above 
 specified is regulated by section 48, by which it is declared that 
 the practice and proceedings in such cases, other than the mode 
 of trial and the proceedings subsequent to the trial, shall be 
 the same, as near as may be, a« that which is now prescribed 
 by law for similar cases in courts of record, with the following 
 exceptions : 
 
 First — There are to be no written pleadings other than the* 
 copy of the distress warrant. 
 
 Second — The summons is to be made returnable in like man- 
 ner as the summons in other cases of the fourth class. 
 
 Third — The mode of trial and all proceedrngs subsequent 
 to the trial are to be the same, as near as may be, as in other 
 cases of the fourth and fifth classes. 
 
 The practice and proceedings in distress for rent cases in 
 courts of record are regulated by the act entitled "An act to 
 revise the law in relation to landlord and tenant/* approved 
 May 1, 1873, and in force July 1, 1873. R. S. of 1874, pp. 659- 
 661. The provisions of this act are given in full in Chapter 80 
 of Hurd's R. S. of 1905, pp. 1296-1300. 
 
 Absolute and perfect conformity by the municipal court in 
 cases of distress for rent with the rules of practice prescribed 
 by this last mentioned act is impossible for the same reason 
 that conformity is impossible in attachment, replevin and forci- 
 ble entry and detainer cases. Hence, the act in section 19 and 
 in section 48 only requires conforaiity ''as near as may be," 
 and it makes the municipal court the sole judge of the applica- 
 bility to its proceedings of the rules of practice prescribed by 
 law for similar cases in the circuit courts (section 19), leaving 
 it, furthermore, for the court to malve suitable provisions for 
 the just determination of the rights of the parties in cases 
 where the method of procedure is not sufficiently prescribed. 
 (Section 51.) 
 
 The practice in all distress for rent cases will, therefore, be 
 correctly expressed by changing sections 16-27 of the last 
 mentioned act so that they will read as follows: 
 
 Section 16. In all cases for distress for rent the landlord 
 by himself, his agent or attorney, if the tenant resides in the 
 city of Chicago, may seize for rent any personal property of 
 his tenant that may be found in said city of Chicago; and in
 
 DISTRESS FOR RENT. 179 
 
 no ease shall the property of any other person, although the 
 same may be found on the premises, be liable to seizure for rent 
 due from such tenant. 
 
 Section 17. The person making such distress shall immedi- 
 ately file a copy of the distress warrant together with an in- 
 ventory of the property levied upon with the clerk of the mu- 
 nicipal court in the first district, if the case be one of the first 
 class, or, if the case be one of the fourth class, in the district 
 in which the tenant, if there be but one tenant, or one of the 
 tenants, if there be more than one tenant, resides or may be 
 found, or if the tenant be a corporation having its principal 
 office in the city of Chicago, with the clerk of the municipal 
 court in the district in which its principal office is located; or if 
 the tenant be a corporation not having a principal office in the 
 city of Chicago, with the clerk of the municipal court in any 
 district within which sei-vice of process may be had upon any 
 officer, agent or employe of such corporation upon whom serv- 
 ice of process might be had, if issued in a suit commenced in 
 the circuit court. 
 
 Section 18. Upon the filing of such copy of distress warrant 
 and inventory, the clerk shall issue a summons against the party 
 against whom the distress warrant shall have been issued, re- 
 turnable as other summonses in cases of the class to which such 
 suit belongs. 
 
 Section 19. When it shall appear by affidavit filed in 
 said municipal court that the defendant has departed from this 
 State or on due inquiry cannot be found, or is concealed 
 within this State, and the affiant shall state the place of resi- 
 dence of said defendant, if known, and, if not known, that 
 upon diligent inquiry he has not been able to ascertain the 
 same, notice may be given as in attachment cases in said court. 
 
 Section 20. The suit shall thereafter proceed in the same 
 manner as in case of attachment before said court: Provided, 
 that it shall not be necessary for the plaintiff in any case to 
 file a declaration, but the distress warrant shall stand for a 
 declaration and shall be amendable, as other declarations : 
 Provided, that no such amendment shall in any way affect any 
 liabilities that may have accrued in the execution of such war- 
 rant.
 
 180 PRACTICE IN THE MUNICIPAL COURT. 
 
 Section 21. The defendant may avail himself of any set-off 
 or other defence which would have been proper if the suit 
 had been for the rent in any form of action and with like 
 effect. 
 
 Section 22. If the plaintiff succeeds in his suit, judgment 
 shall be given in his favor for the amount which shall appear 
 to be due him. 
 
 Section 23. When the defendant has been served with pro- 
 cess or appears to the action, the judgment shall have the same 
 force and effect as in suits commenced by summons, and exe- 
 cution may issue thereon, not only against the property dis- 
 trained but also against the other property of the defendant. 
 But the property distrained, if the same has not been replev- 
 ied or released from seizure, shall be first sold. 
 
 Section 24. When publication of notice shall have been 
 made, as provided in this act, but the defendant is not served 
 with process and does not appear, judgment by default may 
 be entered, and the plaintiff may recover the amount due him 
 for rent at the time of issuing the distress warrant, and a spe- 
 cial execution shall issue against the property distrained, but 
 no execution shall issue against any other property of the de- 
 fendant. 
 
 Section 25. If the judgment is in favor of the defendant, 
 he shall recover costs and have judgment for the return of the 
 property distrained, unless the same has been replevied or 
 released from such distress. And if a set-off is interposed, and 
 it appears that a balance is due from the plaintiff to the de- 
 fendant, judgment shall be rendered for the defendant for 
 the amount thereof. 
 
 Section 26. When any distress w^arrant has been levied, the 
 pei*son whose property is distrained may release the same by 
 entering into bond in double the amount of the rent claimed, 
 payable to the landlord, with sufficient sureties, to be approved 
 by the person making the ley\% if the bond is tendered before 
 the filing of a copy of the warrant, as pro\dded in this act, or if 
 after, by the clerk of the municipal court, conditioned to pay 
 whatever judgment the landlord may recover in the suit, with 
 costs of suit. If the bond is taken before the filing of a copy
 
 DISTRESS FOR RENT. 181 
 
 of the distress warrant, such bond shall be filed therewith, 
 and if taken after the filing of a copy of the distress warrant, 
 it shall be filed in the municipal court. 
 
 Section 27. If any property distrained is of a perishable 
 nature and in danger of immediate waste or decay, and the 
 same is not replevied or bonded, the landlord or his agent or 
 attorney may, upon giving notice to the defendant or his at- 
 torney, if either can be found in the city of Chicago, or if 
 neither can be found, without any notice, apply to any judge 
 of the municipal court or to any master in chancery of Cook 
 county, describing the property and showing the same is so in 
 danger, and if such judge, or master, is satisfied that the 
 property is of a perishable nature and in danger of immediate 
 waste or decay, and, if the defendant or his attorney is not 
 served with notice or does not appear, that he cannot be found 
 in the city of Chicago, he may issue an order to the person 
 having possession of the property, directing the sale thereof 
 upon such time and such notice, terms and conditions, as the 
 judge, or master, shall think for the best interests of the par- 
 ties concerned. The money arising from such sale shall be 
 deposited with the clerk of the municipal court there to abide 
 the event of the suit.
 
 CHAPTER IX. 
 FORCIBLE DETAINER CASES. 
 
 While forcible detainer cases are not expressly mentioned 
 in Section 2 they come within the description in paragraph 
 fourth of that section of "all those classes of suits and pro- 
 ceedings, whether eivil or qiuisi criminal, of which justices of 
 the peace are n(-w given jurisdiction by law." Furthermore 
 they are expressly mentioned in Section 29 and in Section 48 
 as being included within cases of the fourth and fifth classes. 
 
 A forcible detainer case must be brought and prosecuted in 
 the district in which the defendant resides or is found, ex- 
 cepting in the following cases: 
 
 First — If there be more than one defendant suit is to be 
 brought in the district in which either defendant resides or 
 is found, and process may be served upon the remaining de- 
 fendant or defendants at any place within the city of Chicago. 
 (Section 29.) 
 
 Second — If the defendant be a corporation having its prin- 
 cipal office in the city of Chicago, suit must be brought in the 
 district in which its principal office is located. (Section 29.) 
 
 Third — If the defendant be a corporation not having a prin- 
 cipal office in the city of Chicago, suit may be brought in any 
 district within which service of process may be had upon any 
 officer, agent or employe of such corporation upon whom serv- 
 ice of process might be had, if issued in a suit commenced in 
 the circuit court. (See Section 29.) The officei-s, agents or 
 (employes of such corporation upon whom service of process 
 may be had in such a case are specified in section 4 of the act 
 entitled "An Act in regard to practice in courts of record," 
 approved Feb. 22, 1872, and in force July 1, 1872, as amended 
 by the act entitled "An Act to amend sections 2 and 4 of an 
 act entitled 'An Act in regard to practice in courts of record,' 
 approved Feb. 22, 1872," approved May 29, 1877, and in force 
 July 1, 1877, the provisions of which constitute paragraph 5, 
 p. 1531 of Hurd's R. S. of 1905. 
 
 Fourth — If the defendant does not reside or cannot be found 
 
 182
 
 FORCIBLE DETAINER. 183 
 
 within the city of Chicago the suit may be brought within any 
 district in which the property, the possession of which is sought 
 to be reeovei*e(l, is situated. (Section 29.) 
 
 The practice and mode of procedure, other than that above 
 specified, is regulated by section 48 by which it is declared 
 that the practice and proceedings in such eases, other than the 
 mode of trial and the proceedings subsequent to the trial, shall 
 be the same, as near as may be, as that which is now prescribed 
 by law for similar cases in courts of record, with the follow- 
 ing exceptions: 
 
 First — There are to be no written pleadings other than the 
 complaint. 
 
 Second — The summons is to be made returnable in like man- 
 ner as the summons in other cases of the fourth and fifth 
 classes. 
 
 Third — The plaintiff may unite with his claim for the pos- 
 session of the property any claim for rent or damages for with- 
 holding possession of the same, providing such claim does not 
 exceed one thousand dollars ($1,000). 
 
 Fourth — The mode of trial and all proceedings subsequent 
 to the trial ai^e to be the same, as near as may be, as in other 
 cases of the fourth and fifth classes. 
 
 The practice and proceedings in forcible detainer cases in 
 courts of record are regulated by the act entitled "An Act in 
 regard to forcible entry and detainer," approved and in force 
 Feb. 16, 1874, R. S. of 1874, p. 535, as amended by the act 
 entitled "An Act to amend sections 18 and 20 of an act en- 
 titled 'An Act in regard to forcible entry and detainer,' ap- 
 proved and in force Feb. 16, 1874," approved May 24, 1877, 
 and in force July 1, 1877, Laws of 1877, p. 109, by the act 
 entitled "An Act to amend section one (1) of an act entitled 
 'An Act to amend sections 18 and 20 of an act entitled 'An 
 Act in regard to forcible entry and detainer,' approved and 
 in force Feb. 16, 1874,' approved May 24, 1877," approved May 
 31, 1879, and in force July 1, 1879, Laws of 1879, p. 172, and 
 by an act entitled "An Act to amend section two (2) of an 
 act entitled 'An Act in regard to forcible entry and detainer,' 
 approved and in force Feb. 16, 1874," approved May 18, 1881, 
 and in force July 1, 1881, Laws of 1881, p. 96. The provi- 
 sions of these acts, as far as they are now in force, are given
 
 184 PRACTICE IN THE MUNICIPAL COURT. 
 
 in full in Chapter 11 of Ilurd's R. S. of 1905, pp. 1094-1096. 
 
 Absolute and perfect conformity by the municipal court in 
 forcible detainer cases within the rules of practice prescribed 
 by these last mentioned four acts is impossible for the same rea- 
 son that conformity is impossible in attachment and replevin 
 cases. Hence the act (section 48) only requires conformity 
 "as near as may be," and it makes the municipal court the 
 sole judge of the applicability to its proceedings of the rules 
 of practice prescribed by law for similar eases in the circuit 
 courts (section 19) leaving it, furthermore, for the court to 
 make suitable provisions for the just determination of the 
 rights of the parties in cases where the method of procedure 
 is not sufficiently prescribed. (Section 51.) 
 
 The practice in forcible detainer cases in the municipal court 
 will, therefore, be correctly expressed by omitting sections 1, 
 2, 3, 4, 6, 7, 10, 21 and 22 of the Forcible Entry and Detainer 
 [Act, and by changing the remaining sections thereof so that 
 they will read as follows: 
 
 Section 5. On complaint in writing by the party or par- 
 ties entitled to the possession of such premises being filed in 
 the municipal court, stating that such party is entitled to the 
 possession of such premises (describing the same with reason- 
 able certainty), and that the defendant (naming him) unlaw- 
 fully withholds the possession thereof from him or them, thff 
 clerk of the municipal court shall issue a summons directed 
 to the bailiff to execute; which summons may be substantially 
 in the following form: 
 
 State of Illinois, ] 
 City of Chicago, V ss. 
 District. ) 
 
 The People of the State of Illinois to the Bailiff of the Munici- 
 pal Court of Chicago — Greeting: 
 
 You are hereby commanded to summon 
 
 to appear at ten o 'clock a. m. sharp, on the day of 
 
 A. D. 19 .... , before the municipal court of Chicago in and for 
 
 the. . . . • district, at being one of 
 
 the places in said city of Chicago provided by the corporate 
 authorities thereof for the holding of said court, to answer the
 
 FORCIBLE DETAINER, 185 
 
 complaint of wherefore he unlawfully 
 
 withholds from him the possession of certain premises in said 
 City of Chicago, to-wit: (Describing the premises.) And 
 have you then and there this writ with endorsement thereon 
 in what manner you shall have executed the same. 
 
 Witness 
 
 Clerk of said court and the seal thereof at 
 
 Chicago aforesaid this day of A. D. 19. . 
 
 Clerk. 
 
 The complainant may unite with his complaint for posses- 
 sion any claim for rent not exceeding one thousand dollars 
 ($1,000), in which case the same shall be specified and set forth 
 in the complaint and the summons shall contain after the de- 
 scription of the premises the following: 
 
 And also to answer to the demand of the said (here insert 
 name of complainant) for rent to the amount of (here insert 
 amount claimed). 
 
 Section 8. The summons shall be made returnable at ten 
 o'clock A. M. of some day not less than five nor more than 
 fifteen days from the filing of the complaint. In ease the 
 summons shall not be served upon the defendant three days or 
 more prior to the return day thereof, an alias summons may 
 be issued, and a subsequent pluries summons may be issued in 
 any case where a previous alias or pluries summons shall not 
 have been served upon the defendant three days or more prior 
 to the return day fixed by the previous summons. 
 
 Section 9. Service of summons shall be made by delivering 
 a copy thereof to the defendant and informing him of the con- 
 tents thereof, or by leaving such copy at his usual place of 
 abode, with some pei*son of the family of the age of twelve 
 years or upwards, and informing such person of the contents 
 thereof. The manner of service^ and the date thereof, shall be 
 endorsed on the back of said summons by the bailiff serving 
 the same. When service cannot be had as provided in this 
 section, and it shall appear by affidavit or the return of the 
 bailiff that the defendant is not a resident of this State, or has 
 departed from this State, or on due inquiry cannot be found,
 
 186 PRACTICE IN THE MUNICIPAL COURT. 
 
 or is concealed within this State so that process cannot bo 
 served upon him, then service may be had by notice a« in case 
 of attachment. 
 
 Section 11. Trials under this act in the municipal court 
 shall be the same as in other eases of the fourth and fifth 
 classes in said court; provided, no special pleas shall be re- 
 quired, but the defendant may, under the plea of * ' not J?uilty, ' ' 
 give in evidence any matter in defence of the action. 
 
 Section 12. If the defendant does not appear (having been 
 duly summoned as herein provided) the trial may proceed ex 
 parte, and may be tried by a judge of the municipal court, 
 without the intervention of a jury. 
 
 Section 13. If it shall appear on the trial that the plaintiff 
 is entitled to the possession of the whole of the premises 
 claimed, he shall have judgment and execution for the posses- 
 sion thereof and for his costs. 
 
 Section 14. If it shall appear that the plaintiff is entitled 
 to the possession of only a part of the premises claimed, the 
 judgment and execution shall be for that part only and for 
 costs, and for the residue the defendant shall be found not 
 guilty. 
 
 Section 15. Whenever there shall have been one lease for 
 the whole of certain premises, and the actual possession 
 thereof, at the commencement of the suit, shall be divided in 
 severalty among persons with, or other than, the lessee, in one 
 or more portions or parcels, separately or severally held or oc- 
 cupied, all or so many of such persons, with the lessee, as the 
 plaintiff may elect, may be joined as defendants in one suit, 
 and the recovery against them, with costs, shall be several, 
 according as their actual holdings shall respectively be found 
 to be. 
 
 Section 16. If the plaintiff is non-suited or fails to prove 
 his right to the possession, the defendant shall have judgment 
 jmd execution for costs. 
 
 Section 17. The plaintiff' may at any time dismiss his suit 
 as to any one or more of the defendants, and the jury or court
 
 FORCIBLE DETAINER. 187 
 
 may find any one or more of the defendants guilty, and the 
 others not guilty, and the court shall thereupon render judg- 
 ment according to such finding. 
 
 Section 18. If any party shall feel aggrieved by the verdict 
 of the jury or decision of the court, upon any trial had under 
 this act, such party may prosecute a writ of error to be taken 
 id the same court, within the same time, in the same manner 
 and tried in the same way, as writs of error are taken and 
 tried in other cases of the fourth and fifth classes. No writ of 
 restitution shall be issued in any case until the expiration of 
 live days after the entry of final judgment in the municipal 
 court.
 
 CHAPTER X. 
 
 GARNISHMENT PROCEEDINGS. 
 
 The practice in garnishment cases will conform, as near as 
 may be, to the practice in similar cases in the circuit court. 
 (Section 19 and section 48.) Absolute and perfect conformity 
 with the practice in the circuit court is impossible for rea- 
 sons already indicated and pointed out in the preceding chap- 
 ters. The differences expressly provided for, or otherwise ren- 
 dered necessarj^, may be illustrated by changing the act en- 
 titled "An Act in regard to garnishment," approved March 
 9, 1872, and in force July 1, 1872 (R. S. 1874, pp. 550-554), 
 with subsequent amendments, the act entitled "An Act to pre- 
 vent oppressive garnishment and the transferring of claims 
 for the purpose of depriving debtors of their exemption 
 rights," approved June 17, 1891, and in force July 1, 1891 
 (Laws of 1891, p. 141), the act entitled "An Act in relation 
 to wages earned out of the state," approved May 13, 1903, 
 and in force July 1, 1903 (Laws of 1903, p. 217), the act en- 
 titled "An Act in relation to the garnishment of administrators 
 and executors," approved June 11, 1897, and in force July 1, 
 1897 (Laws of 1897, p. 231), and the act entitled "An Act 
 to subject the salary and wages of officers and employees of 
 counties, cities, villages, school districts and departments of 
 either thereof to garnishment and attachment," approved May 
 11, 1905, and in force July 1, 1905 (Laws of 1905, p. 285), all 
 of which are embodied in Kurd's R. S. of 1905, chapter 62, pp. 
 1116-1123, so that they will read as follows: 
 
 Section 1. Whenever a judgment shall be rendered by the 
 municipal court, and an execution against the defendant in 
 such judgment shall be returned by the proper officer "no 
 property found," on the affidavit of the plaintiff, or other 
 credible person, being filed with the clerk of said court, that 
 said defendant has no property within the knowledge of such 
 affiant, in his possession, liable to execution, and that such 
 affiant hath just reason to believe that any other person is in- 
 debted to such defendant, or hath any effects or estate of such 
 
 188
 
 GARNISHMENT. 189 
 
 defendant in his possession, custody or charge, it shall be law- 
 ful for such clerk to issue a summons against the person sup- 
 posed to be indebted to, or supposed to have any of the ef- 
 fects or estate of, the said defendant, commanding him to 
 appear before said court as garnishee; and said court shall 
 examine and proceed against such garnishee or garnishees in 
 the same manner as is required by law against garnishees in 
 original attachments. 
 
 Section 2. Such garnishee summons shall be made return- 
 able and be served as other summonses in the class of cases 
 in which the same is issued. 
 
 Section 3. If the case in which the garnishee summons is 
 issued be one of the first class or one of the second class, no 
 judgment by default shall be rendered, unless such process 
 shall have been served ten days before the return day of said 
 garnishee summons; but in case such process shall have been 
 served within less than ten days, it shall be deemed returnable 
 on the Monday succeeding the return day thereof. If the case 
 be one of the fourth class or one of the fifth class, no judgment 
 by default shall be rendered unless such process shall have 
 been served three days before the return day thereof. 
 
 Section 5. When any person is summoned as a garnishee 
 upon any process of attachment or garnishee summons issued 
 out of the municipal court, the plaintiff: shall, on or before the 
 date on which the garnishee is bound to appear, or within 
 such further time as the court shall allow, exhibit and file, all 
 and singular, such allegations and interrogatories, in writing, 
 upon which he shall be desirous to obtain, and compel the 
 answer of any and every garnishee, touching the lands, tene- 
 ments, goods, chattels, moneys, choses in action, credits and 
 effects of such defendant, and the value thereof, in his pos- 
 session, custody or charge, or from him due and Owing to the 
 said defendant at the time of the service of the said writ, or 
 at any time after, or which shall or may thereafter become 
 due ; and it shall be the duty of every garnishee to exhibit and 
 file, under his oath or affirmation, within ten days after he 
 shall be notified of the filing of such interrogatories, full, direct 
 and true answers to all and singular the allegations and inter- 
 rogatories by the plaintiff so exhibited and filed; but in no
 
 190 PRACTICE IN THE MUNICIPAL COURT. 
 
 c'Jise shall the garnishee be compelled to answer before the 
 second day after the date at which the summons is returnable. 
 
 Section 7. When the plaintiff in. any garnishee proceed- 
 ing shall allej;e that any garnishee served with process, or ap- 
 pearing before any court, hath not truly discovered the lands, 
 tenements, goods, chattels, moneys, ehoses in action, credits 
 and effects, and the value thereof, in his possession, custody 
 or charge, or from him due and owing to the defendant at the 
 time of the service of the writ, or at any time after, or which 
 shall or may thereafter become due, the court shall immedi- 
 ately (unless the case shall for good cause be postponed), pro- 
 ceed to try such cause, as against such garnishee, without the 
 formality of pleading. The trial shall be conducted as other 
 trials at law in said court, and if the finding or verdict shall be 
 against the garnishee, judgment shall be given against him 
 in the same manner as if the facts had been admitted by him, 
 Avith all costs of such trial. If the finding shall be in favor 
 of the garnishee he shall recover his costs against the plaintiff. 
 And in case the garnishee admits the indebtedness to the judg- 
 ment debtor, he shall not be liable for costs. 
 
 Section 8. When any person shall have been summoned as 
 a garnishee upon an attachment or other writ issued out of 
 the municipal court, and shall fail to appear or make discov- 
 ery, as by this act required^ the court may enter a conditional 
 judgment against such garnishee, for the amount of the plain- 
 lift' 's demand, or judgment against the original defendant, and 
 thereupon a scire facias shall issue against such garnishee re- 
 turnable at the same time as summonses in cases of the same 
 class as that in which such scire facias is issued, commanding 
 such garnishee to show cause why such judgment should not 
 be made final. If such garnishee, being served with process or 
 notified as required by law, shall fail to appear and make dis- 
 covery in the manner aforesaid, the court shall confirm such 
 judgment to the amount of the judgment against the original 
 defendant, and award execution for the same and costs. If 
 such garnishee shall appear and answer, the same proceedings 
 may be had as in other cases. 
 
 Section 9. If any garnishee shall become a non-resident, or 
 shall have gone out of this State, or is concealed within this
 
 \ 
 
 GARNISHMENT. • 191 
 
 State so that the scire facias cannot be served upon him, upon 
 the plaintiff or his agent filing affidavit, as in cases of non- 
 resident defendants in attachment, such garnishee may be no- 
 tified in the same manner as such non-resident defendants, and 
 upon such notice being given he may be proceeded against in 
 the same manner as if he had been personally sei-ved with 
 such scire facias. 
 
 Section 10. No final judgment shall be entered against a 
 ,f;amishee in any attachment proceeding until the plaintiff 
 shall have recovered a judgment against the defendant in such 
 attachment. 
 
 Section 11. If it appeals that any goods, chatLels, choses 
 in action, credits or effects in the hands of a garnishee are 
 claimed by any other person, by force of an assignment from 
 the defendant or otherwise, the court shall permit such claim- 
 ant to appear and maintain his right. If he do not volunta- 
 rily appear, notice for that purpose shall be issued and served 
 on him in such a manner as the court shall direct. 
 
 Section 12. If such claimant appears, he maj^ be admitted 
 as a party to the suit, so far as respects his title to the prop- 
 erty in question, and may allege and prove any facts not 
 stated nor denied by the garnishee, and such allegations shall 
 be tried and determined in the manner hereinbefore provided. 
 If such person shall fail to appear after having been served 
 with notice in the manner directed, he shall nevertheless be 
 concluded by the judgment in regard to his claim. 
 
 Section 13. Every garnishee shall be allowed to retain or 
 deduct out of the property, effects or credits in his hands all 
 demands against the plaintiff, and all demands against the 
 defendant, of which he could have availed himself if he had 
 not been summoned as garnishee, whether the same are at the 
 time due or not, and whether by way of set-off on a trial, or 
 by the set-off' of judgments or executions between himself and 
 the plaintiff and defendant severally, and he shall be liable for 
 the balance only after all mutual demands between himself 
 and the plaintiff' and defendant are adjusted, not including un- 
 liquidated damages for wrongs and injuries: Provided, that 
 the verdict or finding, as well as the record of the judgment,
 
 192 PRACTICE IN THE MUNICIPAL COURT. 
 
 shall show in all cases against which party, and the amount 
 tliereof, and set-off shall be allowed, if any such shall be al- 
 lowed. 
 
 Section 14. The wages for services of a wage-earner who 
 is the head of a family and residing with the same, to the 
 amount of fifteen dollars ($15) per week shall be exempt from 
 garnishment. All above the sum of fifteen dollars ($15) per 
 week shall be liable to garnishment. Every employer shall pay 
 to such wage-earner such exempt wages not to exceed the sum 
 of fifteen dollars ($15) per week of each week's wages earned 
 by him, when due, upon such wage-earner making and deliv- 
 ering to his employer his affidavit that he ls such head of a 
 family and residing with the same, notwithstanding the serv- 
 ice of any writ of garnishment upon such employer, and the 
 surplus only above such exempt wages shall be held by such 
 emplo3''er to abide the event of the garnishment suit. If the 
 amount of wages subject to garnishment shall not equal the 
 costs of the garnishment, whatever r9mains of costs shall be 
 paid by the person bringing the garnishment proceedings, and 
 judgment shall be entered therefor against him, and no judg- 
 ment for any such deficiency of costs shall go against the wage- 
 earner or the defendant. No employer so served with garnish- 
 ment shall in any case be liable to answer for any amount not 
 earned by the wage-earner at the time of the service of th'^ 
 writ of garnishment. Before bringing suit a demand in writ- 
 ing shall first be made upon the wage-earner and the employer 
 for the excess above the amount herein exempted, and a copy 
 of such demand shall be left with him and with the employer, 
 having endorsed thereon the time of service, at least twenty- 
 four hours previous to bringing such suit. Such notice shall 
 be filed with the clerk of the court, with the manner and time 
 of the service of the same endorsed thereon, and the return 
 duly sworn to before some officer authorized to administer 
 oaths, before it shall be lawful to issue a summons in such case, 
 or to require an employer to answer in any garnishee pro- 
 ceeding. Any judgment rendered without said demand being 
 served upon the wage-earner, and so proven and filed as afore- 
 said, shall be void. The excess of wages shall be held by the 
 employer, subject to garnishment by the creditor serving de- 
 mand, for five (5) days after such service of demand.
 
 GARNISHMENT. 193 
 
 Section 15. No person shall be liable as garnishee by reason 
 of having drawn, accepted, made or endorsed any negotiable 
 instrument when the same is not due, in the hands of the de- 
 fendant at the time of service of the garnishee summons, or 
 the rendition of the judgment. 
 
 Section 16. The judgment against a garnishee shall acquit 
 him from all demands by the defendant for all goods, effects 
 and credits i)aid, delivered or accounted for by the garnishee 
 by force of such judgment. 
 
 Section 17. If the person summoned as garnishee is dis- 
 charged, the judgment shall be no bar to an action brought 
 against him by the defendant for the same demand. 
 
 Section 18. In case of the death of a person served as gar- 
 nishee, his executor or administrator may be made a party and 
 notified, unless his appearance is entered, as in the ease of the 
 death of a defendant, and the cause may proceed against him 
 as personal representative of the deceased. 
 
 Section 19. When judgment is rendered against any gar- 
 nishee, and it shall appear that the debt from him to the de- 
 fendant is not yet due, execution shall not issue against him 
 until twenty days after the same shall become due, unless the 
 party asking the same, or his agent, shall make oath that he 
 believes the debt will be lost unless execution issue forthwith, 
 in which case execution shall issue as soon as said debt to de- 
 fendant is due; but no sale of property under such execution, 
 shall take place until after the expiration of twenty days from 
 date of judgment. 
 
 Section 20. When any garnishee has any goods, chattels, 
 choses in action or effects, other than money, belonging to the 
 defendant, or which he is bound to deliver to him, he shall 
 deliver the same, or so much thereof as may be necessary, to 
 the officer who shall hold the execution in favor of the plain- 
 tiff in the attachment suit or judgment, which shall be sold by 
 the ofiieer and the proceeds applied and accounted for in the 
 same manner as other goods and chattels taken on execution. 
 
 Section 21. When it shall appear that such goods, chattels, 
 choses in action, or effects, in the hands of a garnishee are 
 
 13
 
 104 PRACTICE IN THE MUNICIPAI^ COURT. 
 
 mortgaged, or pledged, or in any way liable for the payment 
 of a debt to him, the plaintiff may be allowed, under an order 
 of the court for that purpose, to pay or tender the amount 
 due to the garnishee; and he shall thereupon deliver the goods, 
 chattels, choses in action and effects, in the manner before 
 provided, to the officer who holds the execution. 
 
 Section 22. If the goods, chattels, choses in action or ef- 
 fects are held for any purpoae, other than to secure the pay- 
 ment of money, and if the contract, condition or thing to be 
 performed^ is such as can be performed by the plaintiff with- 
 out damage to the other parties, the court may make an order 
 for the performance thereof by him. Upon such performance 
 or a tender, the garnishee shall deliver the goods, chattels and 
 effects in the manner before provided, to the officer who holds 
 the execution. 
 
 Section 23. All goods, chattels, choses in action and effects, 
 received by the officer under either of the two preceding sec- 
 tions shall be sold and disposed of in the same manner as if 
 they had been taken on an execution in any other manner, ex- 
 cept that from the proceeds of the sale the officer shall repay 
 the plaintiff the amount paid by him to the garnishee for the 
 redemption of the same, with interest thereon, or shall indem- 
 nify the plaintiff for any other act or thing by him done or 
 performed pursuant to the order of the court for the redemp- 
 tion of the same. 
 
 Section 24. When it shall appear that any garnishee has 
 in his hands, or under his control, any goods, chattels, choses 
 in action or effects, belonging to or which he is bound to de- 
 liver- to the defendant, with or without condition, the court 
 may make any and all proper orders in regard to the delivery 
 thereof to the proper officer, and the sale or disposition of the 
 same, and the discharging of any lien thereon, and may au- 
 thorize the garnishee to sell any such property, or collect any 
 choses in action, and account for the proceeds thereof; or the 
 court may appoint a receiver to take possession and sell, col- 
 lect or otherwise dispose of the same, and make all orders in 
 regard thereto which may be necessary or equitable between 
 the parties.
 
 GARNISHMENT. 195 
 
 Section 25. If any garnishee refuses or neglects to deliver 
 any goods, chattels, choses in action or effects in his hands 
 when thereto lawfully required by the court, or officer having 
 an execution upon which the same may be received, he shall 
 be liable to be attached as for a contempt, or the court may 
 enter up judgment for the amount of the plaintiff's judgment, 
 and award execution thereon against the garnishee. 
 
 Section 26. Nothing contained in this chapter shall pre- 
 vent the garnishee from receiving any goods, chattels, choses 
 in action or effects in his hands for the payment of any de- 
 mand for which they are mortgaged, pledged or otherwise 
 liable at any time before the amount due to him is paid or 
 entered, if such sale would be authorized as between him and 
 the defendant. 
 
 Section 27. The court may order the costs of the proceed- 
 ings in any garnishment to be paid by the plaintiff, or out of 
 the effects or credits garnisheed, or by the garnishee, or may 
 apportion the same as shall appear to be just and equitable. 
 The garnishee shall be entitled to fees the same as witnesses 
 before the same court in civil cases. 
 
 Section 28. Any final order or judgment rendered by the 
 municipal court in any garnishee proceeding may be reviewed 
 by appeal or writ of error, as the case may be, in the same 
 manner as other orders and judgments of said court in eases 
 of the class to which the suit in which said garnishee process 
 is issued belongs. 
 
 Section 34. Whenever, in any proceedings in the municipal 
 court, to subject the wagas due to any person to garnishment, 
 it shall appear that such person is a non-resident of the State 
 of Illinois, that the wages earned by him were earned and 
 payable outside of the State of Illinois, the said person, whose 
 wages are so sought to be subjected to garnishment, shall be 
 allowed the same exemption as is at the time allowed to him by 
 the law of the State in which he so resides. 
 
 Section 34a. "Wages earned out of this State and payable 
 out of this State, shall be exempt from attachment or garnish- 
 ment in all cases where the cause of action arose out of this 
 State, unless the defendant in the attachment or garnishment
 
 196 PRACTICE IN THE MUNICIPAL COURT. 
 
 suit is personally served with process; and if the writ of at- 
 tachment or garnishment is not personally served on the de- 
 fendant, the court sliall not entertain jurisdiction of the cause, 
 but shall dismiss the suit at the cost of the plaintiff. 
 
 Section 35. Hereafter it shall be lawful to summon ad- 
 ministrators and executors as garnishees, and they may be 
 gamisheed with respect to any moneys, goods, chattels, lands, 
 tenements or other estates belonging to any devisee or legatee 
 under any will, or belonging to any heir or distributee of any 
 estate; but no final judgment shall be rendered against such 
 administrator or executor until after an order of distribution 
 has been made by the county court, out of which his letters tes- 
 tamentary or of administration issued. No assignment, trans- 
 fer, or other disposition, by an heir, legatee or devisee of his 
 distributive share, legacy or devise in the hands of any ad- 
 ministrator or executor shall operate to defeat the garnishment 
 of the same unless the said assignment, transfer, or other dis- 
 position is reduced to writing and filed in the office of the 
 clerk of the county court out of which such letters testamentary 
 or of administration were issued, before the service of process of 
 garnishment upon such administrator or executor. 
 
 Section 36. The salary or wages of any officer or any per- 
 son employed by any county, city, town, village, school dis- 
 trict, or any department of either thereof, shall be liable to 
 process of garnishment or attachment in the following manner 
 and extent, and with the same effect, that the salary or wages 
 of any other pei'son is or are now or may hereinafter become 
 under any provision of any law of this state liable to such 
 process. 
 
 Section 37. When the salary or wages of any officer of such 
 political subdivision or department thereof is or are sought to 
 be attached or reached by such process, the garnishee summons 
 or writ of attachment shall be served upon the treasurer or 
 clerk of such political subdivision or department thereof. And 
 in all other cases such process shall be served upon the officer 
 ,or head of department or the presiding officer of the body in 
 which office or department, or by which body, the person whose 
 salary or wages sought to be attached or garnisheed is employed, 
 and the answer shall be made by the officer or person upoa
 
 GARNISHMENT. 197 
 
 "whom such service is made or by some other officer or person 
 having knowledge of the facts. 
 
 Section 38. The officer of the corporation upon whom such 
 garnishee summons have been served shallj within ten days 
 from the date of service, file or cause to be filed, with the clerk 
 of the municipal court an answer under oath, stating the 
 amount due the employe whose salary or wages have been at- 
 tached or garnisheed, the amount of offset, credits or set-off's, 
 the corporation has to such wages or salary at the time of the 
 service of the summons; he shall also state whether such em- 
 ploye or officer whose wages or salary is garnisheed, is the head 
 of a family or not, and he shall also deposit with such clerk 
 the amount so shown to be due and unpaid and take his re- 
 ceipt for the same, and thereupon the said municipal corpora- 
 tion shall be relieved of any further connection with such suit, 
 and the receipt so taken from such clerk shall become a voucher 
 for the amount so paid, the same as if taken from the employe 
 or officer whose wages or salary have been garnisheed, and as a 
 payment to him in person. 
 
 Section 39. As soon as such answer of such officer is filed 
 and money deposited as aforesaid, the court shall proceed to 
 try the rights of the parties to such deposit, as near as may 
 be in the manner as other cases of garnishment. 
 
 Section 40. "When such officer shall be summoned to answer 
 in any place other than where he resides or where his office 
 is located, or where his duties are usually performed, the 
 plaintiff shall at the time of the filing of the affidavit in at- 
 tachment or the affidavit in garnishment, and before the is- 
 suing of the summons in such case, exhibit and file in the court 
 in writing allegations and interrogatories on which he desires 
 to obtain and compel an answer from such garnishee, touching 
 the wages or salary of any such officer or employe, a copy of 
 which shall be delivered to the garnisheed at the time of the 
 service of the garnishee summons and the answer of said gar- 
 nishee shall be reduced to writing, signed by him and verified 
 by his affidavit, in which ansAver he shall fully disclose and 
 answer all of the allegations and interrogatories furnished him 
 at the time of the service of the summons, and he shall transmit 
 the same to the court within ten days from the time specified 
 in such summons for answer.
 
 CHAPTEE XI. 
 BILLS OF PARTICULARS. 
 
 Section 40 of the Municipal Court Act provides that every 
 pase of the fourth class and every case of the fifth class, except- 
 ing attachment suits, replevin suits, cases of distress for rent, 
 forcible entry and detainer suits and criminal cases, shall be 
 commenced by the filing by the plaintiff with the clerk of a 
 praecipe for a summons, and a bill of particulars of the plain- 
 tiff' 's claim, which bill of particulars, if the suit be upon a 
 contract, express or implied, shall consist of a statement of 
 the account or of the nature of the demand, or, if the suit be 
 for a tort, it shall consist of a brief statement of the nature 
 of the tort, and such further information as will reasonably 
 inform the defendant of the nature of the case he is called 
 upon to defend, but that the statute shall not be construed to 
 require the bill of particulars iu any action for a tort to set 
 forth the cause of action with the particularity required in a 
 declaration at common law. The same section likewise pro- 
 vides that in cases of the fourth class, and in cases of the fifth 
 class, the court may adopt such rules and regulations as it may 
 deem necessary, to enable the parties, in advance of the trial, 
 to ascertain the nature of the plaintiff' 's claim or claims or of 
 the defendant's defense or defenses. By section 44 of the act 
 it is provided that forms of praecipes, entries of appearance, 
 affidavits, bonds, attachment writs, replevin writs, petitions 
 for changes of venue, and all other papers necessary for the 
 use of the parties to suits in the court, shall be prescribed 
 by the chief justice, who shall also, from time to time, prescribe 
 and cause to be printed forms of bills of particulars. 
 
 It is obviously the intention of the act that the trial and 
 disposition of cases of the fourth class and cases of the fifth 
 class shall be as free as possible from technicalities, and that 
 every decision of the court shall be according to the very right 
 and justice of the case as it may be developed by the evidence 
 introduced at the trial. The bill of particulars is not intended 
 to operate as a means of entrapping the plaintiff into a position 
 
 198
 
 BILLS OF PARTICULARS. ^ 199 
 
 where he may be defeated by a variance between the plead- 
 ings and the proofs. It is not unusual, under the practice in 
 the circuit court, for a plaintiff with a meritorious cause of 
 action to be defeated by the interposition of the statute of limi- 
 tations to an amended declaration filed after the statute of lim- 
 itations has run. This cannot occur in the municipal court. It 
 is clearly the intention of the act that the chief justice shall 
 prescribe a suitable form to meet every possible case; that this 
 form shall be general in its nature and, when once prescribed, 
 shall not be subject to objection by the parties litigant 
 
 Doubtless it will be urged that this practice will be unfair 
 to the defendant, that the defendant is entitled to know the 
 exact nature of the case he is called upon to meet and thus 
 be enabled to prepare himself for his defense, and that hence the 
 bill of particulars should describe the plaintiff's case with great 
 accuracy. Theoretically this sounds very well, but, when the 
 principle thus contended for is applied in practice, it is pro- 
 ductive of injustice. Cases are extremely rare in which the 
 defendant, when summoned, is not as fully aware of the na- 
 ture of the plaintiff's claim as is the plaintiff himself. It is 
 safe to say that not one case out of ten is commenced without 
 a previous effort on the part of the plaintiff to secure a set- 
 tlement of his claim, and during the negotiations for such set- 
 tlement, as a rule, each party becomes familiar with the conten- 
 tions of the other. 
 
 Again, to demand of every litigant, in advance of the trial, 
 a complete and accurate statement of his claim or defense in 
 the form of a pleading necessitates the exercise of a degree of 
 professional skill which many of the lawyers practicing at the 
 bar do not possess. Persons having small claims are not always 
 able to employ the best grade of legal talent, and should not 
 be made to suffer from the want of knowledge or experience 
 of the gentlemen of the bar, whom the supreme court has ad- 
 mitted to practice and thus stamped as competent to exercise 
 the duties of their profession. The machinery of the court 
 should be so adjusted as to lead to a determination according 
 to the very right and justice of each case, regardless of the 
 mistakes of lawyers or other officers of the court. 
 
 But whatever objection might otherwise be urged to the 
 proposition that a bill of particulars should be limited to a
 
 200 PRACTICE IN THE MUNICIPAL COURT. 
 
 mere general statement of the nature of the case, is obviated 
 by the provision of section 32 by the terms of which the court, 
 at any time before the trial, may permit the filing of inter- 
 rogatories to be answered by any party to the suit, or any per- 
 son for whose immediate benefit the suit is prosecuted or de- 
 fended, or by the directors, officers, superintendent or man- 
 aging agents of any corporation which is a party to the record, 
 at the instance of the adverse party or parties. If, therefore, 
 in any case the defendant wishes more particular information 
 than that conveyed by the bill of particulars, he can procure 
 it through interrogatories which the plaintiff will be bound 
 to answer under oath. The answers to these interrogatories 
 will not be statements which, like those in a bill of particulars, 
 can be changed to suit the course of events in the suit, but 
 will be statements made under oath by the plaintiff and bind- 
 ing upon him. 
 
 It would be impracticable at the present time to prepare 
 forms of bills of particulars to meet every case which might 
 arise. That may, and doubtless will be, done by whoever may 
 fill the office of chief justice, after experience has taught what 
 is the best practice to adopt in reference to the matter. In the 
 present work only a sufficient number of forms have been pre- 
 pared to answer the purpose of the judges and the profession 
 in the early stages of the court's existence, and before the chief 
 justice has been able, because of the vast amount of work im- 
 posed upon him, to perform his duty with respect to prepar- 
 ing forms of bills of particulars. When a bill of particulars is 
 filed with the praecipe at the commencement of the suit, they 
 may be united in one paper as follows: 
 
 State of Illinois, ^ 
 
 City of Chicago, > ss. In the Municipal 
 
 First District. ) Court of Chicago. 
 
 ] 
 
 John Doe 
 
 V. y Contract. No. 1005. 
 
 Richard Roe. ) Damages $1,000. 
 
 To the Clerk: 
 
 Please issue a summons returnable at 10 a. m. sharp on Jan- 
 uary 10, 1907. John Smith, 
 
 Plaintiff's Attorney.
 
 BILLS OF PARTICULARS. 201 
 
 BILL OF PARTICULARS. 
 
 Plaintiff's claim is for the breach of a promise made by de- 
 fendant on or about January 1, 1905, to marry the plaintiff. 
 
 John Smith, 
 Plaintiff's Attorney. 
 
 MEMORANDA FOR BAILIFF. 
 
 Name op Defendant. Residence. Where to be Found. 
 
 Richard Roe. 2240 Michigan Ave. 17 Wabash Ave. 
 
 Other forms of bills of particulars which may be suggested 
 are the following: 
 
 FIRST— IN ACTIONS ON CONTRACTS NOT IN 
 WRITING. 
 
 1. Goods Sold and Delivered. 
 
 Plaintiff's claim is for goods sold and delivered by plaintiff* 
 to defendant as follows, to-wit: 
 
 Jan. 10, 1905, 1 barrel of flour $4.00 
 
 Jan. 15, 1905, 1 ton hard coal 8.00 
 
 Total $12.00 
 
 (If partial payments on account have been made by the de- 
 fendant, or the defendant is entitled to other credits, the dates 
 and amounts thereof, and the balance due plaintiff, after de- 
 ducting credits, should be specified.) 
 
 2. Goods Bargained and Sold. 
 
 Plaintiff's claim is for goods bargained and sold by plain- 
 tiff to defendant as follows, to-wit: 
 
 (Here describe articles sold, giving dates, amounts, prices 
 and total, and also specifying credits.) 
 
 3. Labor and Services. 
 
 Plaintiff's claim is for labor and services furnished by plain- 
 tiff to defendant as follows, to-wit: 
 
 (Here describe the labor and services and state amount or 
 amounts claimed therefor.)
 
 202 practice in the municipal court. 
 
 4. Work and Materials. 
 
 Plaintiff's claim is for work performed for and materials 
 
 furnished to defendant by plaintiff as follows, to-wit: 
 
 (Here specify work done and materials furnished with 
 
 amounts charged therefor.) 
 
 I 
 5. Money Loaned. 
 
 Plaintiff's claim is for money loaned by plaintiff to defend- 
 ant, as follows: 
 
 (Here describe amounts loaned, dates when loaned and the 
 rate of interest, if any, which plaintiff claims.) 
 
 6. Money Expended. 
 
 Plaintiff's claim is for money paid and expended by plain- 
 tiff for defendant as follows: 
 
 (Here state amounts expended, dates when expended, and 
 the purpose for which expended.) 
 
 7. Money Received. 
 
 Plaintiff's claim is for money received by defendant for the 
 use of plaintiff as follows: 
 
 (Here specify amounts received, dates when received and 
 sources whence received.) 
 
 8. Account Stated. 
 
 Plaintiff's claim is for the sum of (here insert amount), due 
 from defendant to plaintiff upon an account stated between 
 them on or about (here insert date). 
 
 9. Board and Lodging. 
 
 Plaintiff's claim is for board and lodging furnished by plain- 
 tiff to defendant as follows, to-wit: 
 
 (Here specify periods during which board and lodging were 
 furnished and amounts charged therefor.) 
 
 10. Hire op Horses, Carriages, &c. 
 
 Plaintiff's claim is for the use and hire of a horse (or of a 
 horse and carnage, or horses, or horses and carriages, &c.) as 
 follows, to-wit: 
 
 (Here specify dates of hiring, what was hired and charges 
 made therefor.)
 
 bills of particulars. 203 
 
 11. Care and Keeping op Horses, Cattle and Other 
 
 Animals. 
 Plaintiff's claim is for the care and keeping by the plaintiff 
 for the defendant of horses (or cattle, or sheep, &c., &c.) as 
 follows : 
 
 (Here specify number of animals kept and cared for, the 
 periods during which they were kept and cared for and the 
 charges made therefor.) 
 
 12. Physician's Bill. 
 
 Plaintiff's claim is for medical attendance, advice and medi- 
 cines furnished by the plaintiff to defendant as follows: 
 
 (Here specify visits, consultations and medicines, giving 
 dates and charges made therefor.) 
 
 13. Attorney's Bill. 
 
 Plaintiff's claim is for professional services rendered and 
 moneys paid out by the plaintiff as an attorney at law for the 
 defendant as follows: 
 
 (Here specify services rendered and moneys paid out and 
 charges made for services.) 
 
 14. Storage of Goods. 
 Plaintiff's claim is for the storage by the plaintiff from Jan. 
 1, 1905, to March 1, 1905, in the plaintiff's warehouse at No. 5 
 Wabash avenue, Chicago, of personal property for the defend- 
 ant, said personal property being the following: (Here de- 
 scribe personal property by some general description, such as 
 household goods, grain, &c.) 
 
 15. Use and Occupation. 
 Plaintiff's claim is for the use and occupation by the defend- 
 ant from Jan. 1, 1905, to March 1, 1905, of the following de- 
 scribed premises: (Here describe premises.) 
 
 16. Warranty. 
 
 Plaintiff's claim is for a warranty made by the defendant 
 on or about Jan. 1, 1906, of the soundness of a certain horse 
 (or such other warranty as may have been made). 
 
 17. Breach of Promise op Marriage. 
 Plaintiff's claim is for the breach of a promise made by de- 
 fendant on or about Jan. 1. 1905, to marry the plaintiff.
 
 204 practice in the municipal court. 
 
 18. For Injury to Property Hired. 
 Plaintiff's claim is for the injury by the defendant of a 
 horse hired by the defendant from the plaintiff on or about 
 Jan. 1, 1905. 
 
 19. For Injury to or Loss of Goods Delivered to a Com- 
 mon Carrier. 
 Plaintiff's claim is for the loss of (or injury to) the follow- 
 ing goods, wares and merchandise, delivered by the plaintiff 
 to the defendant on or about Jan. 1, 1905, to be carried by the 
 defendant, to-wit: (Here describe goods.) 
 
 20. Non-acceptance of Goods Sold. 
 Plaintiff's claim is for the refusal by the defendant to ac- 
 cept the following goods sold by plaintiff to defendant on or 
 about Jan. 1, 1905, to-wit: (Here describe goods.) 
 
 21. Non-acceptance of Goods Made for Defendant. 
 Plaintiff's claim is for the refusal by the defendant on or 
 about Jan. 1, 1905, to accept the following goods made by the 
 plaintiff for the defendant, to-wit; (Here describe goods.) 
 
 22. Non-delivery of Goods. 
 Plaintiff's claim is for the failure by the defendant to de- 
 liver on or about Jan. 1, 1905, the following goods purchased 
 (or agreed to be purchased) by plaintiff from the defendant, 
 to-wit: (Here describe goods.) 
 
 23. Goods Sold to Third Person. 
 
 Plaintiff's claim is for goods sold by plaintiff to A B at de- 
 fendant's request as follows: (Here describe articles sold, 
 giving dates, amounts and total, also specifying credits.) 
 
 SECOND— IN ACTIONS ON CONTRACTS IN WRITING. 
 1. Promissory Notes. 
 
 Plaintiff's claim is for the amount due him as payee (or 
 endorsee or bearer, as the case may be) against the defendant 
 as maker (or endorser or guarantor, as the case may be) of 
 a promissory note, of which and of the endorsements thereon 
 the following is a copy: (Here give copy of note and of the 
 endorsements thereon.) 
 
 If there are several defendants who are severally liable but
 
 BILLS OF PARTICULARS. 205 
 
 who may be sued together under the Act of 1895 (Laws of 
 1895, p. 262, paragraph 7a, p. 1408, Plurd's R. S. of 1905, chap- 
 ter 98), the form of the above bill of particulars should be 
 varied accordingly. It may be as follows: 
 
 Plaintiff's claim is for the amount due him as payee (or en- 
 dorsee or bearer, as the case may be), against the defendant 
 
 as maker and against the defendant 
 
 as endorser of a promissory note of 
 
 which and of the endorsements thereon the following is a copy: 
 (Here give copy of note and of the endorsements thereon.) 
 
 2. Bills of Exchange, 
 
 Plaintiff's claim is for the amount due him as payee (or 
 drawer or endorser, as the case may be), against the defendant 
 as drawer (or acceptor or prior endorsee, as the case may be), 
 of a bill of exchange of which and of the endorsements thereon 
 the following is a copy: (Here give copy of bill and of the en- 
 dorsements thereon.) 
 
 If there are several defendants who are severally liable but 
 who may be sued together under the Act of 1895, (Laws of 1895, 
 p. 262, paragraph 7a, p. 1408, Hurd's R. S. of 1895, Chapter 
 98), the form of the above bill of particulars should be varied 
 accordingly. 
 
 3. Lease of Real Estate. 
 
 Plaintiff's claim is as lessor against defendant as lessee under 
 a lease of which the following is a copy: (Here insert copy of 
 lease.) 
 
 The claim is for non-payment of rent (or such other breach 
 as plaintiff sues for). 
 
 Instead of the foregoing containing a copy of the lease, the 
 following will be sufficient: 
 
 Plaintiff's claim is as lessor against defendant as lessee for 
 rent under a lease in writing between plaintiff and defendant 
 dated (here give date) of the following described premises 
 (here describe premises). 
 
 The claim is for non-payment of rent (or such other breach 
 as plaintiff sues for). 
 
 4. Policy of Life Insurance. 
 Plaintiff's claim is against defendant as insurer by plaintiff 
 as beneficiary (or assignee as the case may be), in a life insur-
 
 206 PRACTICE IN THE MUNICIPAL COURT. 
 
 ance policy of which the following is a copy: (Here insert 
 copy.) 
 
 The liability of the defendant is on account of the death 
 of the insured (or on account of the maturity of the policy, as 
 the case may be), January 1, 1905. 
 
 Instead of the foregoing, containing a copy of the policy, the 
 following will be sufficient: 
 
 Plaintiff's claim is against defendant as insurer by plaintiff 
 as beneficiary (or assignee, as the case may be), in an insur- 
 ance policy issued by the defendant numbered , 
 
 dated , for the amount of Dol- 
 lars insuring the life of 
 
 The liability of the defendant is on account of the death of 
 the insured (or on account of the maturity of the policy, as the 
 case may be), January 1, 1905. 
 
 5. Policy of Fire Insurance. 
 
 Plaintiff's claim is as insured against defendant as insurer 
 in a fire insurance policy, of which the following is a copy: 
 (Here insert copy.) 
 
 The liability of defendant is on account of a fire occurring on 
 the day of , A. D. 190. 
 
 Instead of the foregoing, containing a copy of the policy, 
 the following will be sufficient: 
 
 Plaintiff's claim is as insured against defendant as insurer 
 
 in a fire insurance policy numbered , dated 
 
 , for the sum of Dollars, insur- 
 ing plaintiff 's personal property at 
 
 (Here give location of personal property.) 
 
 The liability of defendant is on account of a fire occurring 
 on the day of , A. D. 190. . 
 
 6. Special Contract in Writing. 
 
 Plaintiff's claim is for the breach by the defendant of a eon- 
 tract in writing, a copy of which is as follows: (Here insert 
 copy.) 
 
 The breach consisted in the non-payment by the defendant to 
 the plaintiff of the amount required to be paid under said con- 
 tract.
 
 bills of particulars. 207 
 
 7. An Award in Writing. 
 
 Plaintiff's claim is for non-performance by defendant of an 
 award of arbitrators in writing of which the following is a 
 copy: (Here insert copy.) 
 
 The non-performance consisted in the failure of defendant to 
 
 pay the amount awarded (or of the amount 
 
 awarded, as the case may be). 
 
 8. A Judgment Recovered. 
 
 Plaintiff's claim is for a judgment recovered by plaintiff 
 
 against defendant on the day of , A. D. 
 
 , in the circuit court of Cook county, Illinois, for 
 
 $500 and costs of suit in case general number in 
 
 said court. 
 
 9. An Appeal Bond. 
 
 Plaintiff 's claim is on an appeal bond of which the following is 
 a copy: (Here insert copy.) 
 
 The breach sued for is the non-payment by the defendant of 
 the amount of the judgment and costs mentioned in the bond 
 (or for non-performance of the decree appealed from, as the 
 case may be). 
 
 Instead of the foregoing containing a copy of the appeal 
 bond the following will be sufficient: 
 
 Plaintiff's claim is upon an appeal bond in the penal sum of 
 
 dated , executed by defendants 
 
 in the case of (here give title of case) in the circuit court of 
 Cook county, the breach being the non-payment of the judg- 
 ment and costs mentioned in the bond (or non-performance of 
 the decree appealed from, as the case may be.) 
 
 10. An Attachment Bond. 
 
 Plaintiff's claim is on an attachment bond of which the fol- 
 lowing is a copy: (Here insert copy.) 
 
 The breach sued for is the failure of the defendant (name of 
 principal defendant) to prosecute his attachment suit with effect 
 and also his failure to pay and satisfy the plaintiff the damages 
 awarded for wrongfully suing out the attachment. 
 
 Instead of the foregoing, containing a copy of the attach- 
 ment bond, the following will be sufficient : 
 
 Plaintiff's claim is upon an attachment bond in the penal
 
 208 PRACTICE IN THE MUNICIPAL COURT. 
 
 sum of dated , executed by 
 
 defendants in the case of (here give title of case) in the circuit 
 court of Cook county, the breach being failure of the defend- 
 ant (name of principal defendant) to prosecute his suit with ef- 
 fect and also for non-payment of the costs of suit and the dam- 
 ages awarded for wrongfully suing out of the attachment. 
 
 11. A Forthcoming Bond. 
 
 Plaintiff's claim is on a forthcoming bond of which the fol- 
 lowing is a copy: (Here insert copy.) 
 
 The breach sued for is the failure of the defendant (here in- 
 sert name) to surrender the nroperty attached to answer the 
 judgment. 
 
 Instead of the foregoing, containing a copy of the forthcom- 
 ing bond, the following will be sufficient: 
 
 Plaintiff's claim is upon a forthcoming bond in the penal 
 sum of , dated , executed by de- 
 fendants in the case of (here give title of case) in the circuit 
 court of Cook county, the breach being the failure of defend- 
 ant (name of principal defendant) to surrender the property at- 
 tached to answer the judgment. 
 
 12. A Surety Bond. 
 
 Plaintiff's claim is on a surety bond of which the following is 
 a copy: (Here insert copy.) 
 
 The breach sued for is the non-payment by the defendants of 
 moneys of the plaintiff wrongfully converted by the defendant 
 during the period covered by the bond. 
 
 Instead of the foregoing, containing a copy of the surety 
 bond, the following will be sufficient: 
 
 Plaintiff's claim is upon a surety bond in the penal sum of 
 
 , dated , and numbered 
 
 executed by defendants for and on behalf of the 
 
 defendant (name of principal defendant) the breach being the 
 non-payment of moneys of the plaintiff wrongfully converted by 
 the defendant (here insert name) during the period covered by 
 the bond.
 
 BILLS OP PARTICULATES. 209 
 
 THIRD. IN CASES OF WILFULLY INFLICTED 
 INJURIES. 
 
 1, Malicious Prosecution. 
 
 Plaintiff's claim is for being maliciously prosecuted by de- 
 fendant on a charge of larceny (or such other offense as the 
 prosecution may have been based on) through indictment in 
 the criminal court of Cook county, the prosecution being ter- 
 minated January 1, 1907. 
 
 2. False Imprisonment. 
 
 Plaintiff's claim is for being falsely imprisoned from Jan- 
 uary 1, 1907, to January 2, 1907, by defendant without due 
 process of law. 
 
 3. Assault and Battery. 
 
 Plaintiff's claim is for an assault and battery committed by 
 defendant upon plaintiff on Wabash avenue, near Madison 
 street, on or about January 1, 1907. 
 
 4. Slander. 
 
 Plaintiff's claim is for slander uttered by defendant on or 
 about January 1, 1907, consisting of the following words, to- 
 wit: (Here set forth slanderous words.) 
 
 5. Libel. 
 
 Plaintiff's claim is for the following libellous publication 
 made by the defendant: (Here insert libel as published.) 
 
 6. Keeping Mischievous Animals. 
 
 Plaintiff's claim is for the keeping by defendant of a dog 
 known to be vicious which bit the plaintiff on or about Jan- 
 uary 1, 1907. 
 
 7. Criminal Conversation. 
 
 Plaintiff's claim against defendant is for criminal conversa- 
 tion with plaintiff's wife on or about January 1, 1907. 
 
 8. Debauching Servant. 
 
 Plaintiff's claim against defendant is for debauching plain- 
 tiff' 's servant A B on or about January 1, 1907. 
 
 14
 
 210 practice in the municipal court. 
 
 9. Enticinq Away Apprentice. 
 Plaintiff's claim against defendant is for enticinj? away 
 plaintiff's apprentice A B on or about January 1, 1907. 
 
 10. Conversion of Personal Property. 
 Plaintiff's claim is for the conversion by the defendant, on 
 or about January 1, 1907, of personal property of the plain- 
 tiff, consisting of a horse and wagon. 
 
 FOURTH. IN CASES OF STATUTORY LIABILITIES. 
 1. Under Dramshop Act. 
 
 Plaintiff's claim is for selling liquor from about January- 1, 
 1907, to March 1, 1907, by defendant to plaintiff's husband, 
 John Doe, resulting in plaintiff's injury in her person (or 
 property, or means of support, or person, property and means 
 of support, as the case may be). 
 
 Plaintiff' 's claim is for selling liquor from about January 1, 
 1907, to about March 1, 1907, by defendant's lessee, Richard 
 Roe, to plaintitt"s husband, John Doe, resulting in plaintiff's 
 injury in her person (or property or means of support, or per- 
 son, property and means of support, as the case may be). 
 
 Plaintiff's claim is against A B, as lessee, and C D, as lessor, 
 for selling liquor from about January 1, 1907, to about March 
 1, 1907, by A B to plaintiff's husband, John Doe, resulting in 
 injury in her person (or property or means of support, or per- 
 son, property and means of support, as the case may be). 
 
 2. Under Mining Laws. 
 
 Plaintiff's claim is for defendant's failure to keep a passage- 
 way in defendant's coal mine in safe condition, resulting in 
 plaintift"s injury on or about January 1, 1907. 
 
 Plaintiff' 's claim is for defendant's failure to keep a pas- 
 sageway in defendant's coal mine in safe condition, resulting in 
 the death of plaintiff' 's intestate, on or about January 1, 1907. 
 
 3. Under Fire Escape Act, 
 
 Plaintiff's claim is for defendant's failure to provide fire- 
 escapes on defendant's building, No. 150 Madison street, result- 
 ing in plaintiff's injury, on or about January 1, 1907. 
 
 Plaintiff's claim is for defendant's failure to provide fire- 
 escapes on defendant's building, No. 150 Madison street, result-
 
 BILLS OP PARTICULARS. 211 
 
 iiig in the death of plaintiff's intestate, on or about January 1, 
 1907. 
 
 4. Under Replevin Act Against Sheriff. 
 
 Plaintiff's claim is against defendant as sheriff for defend- 
 ant's failure to take a replevin bond, on or about January 1, 
 1907, in the case of John Smith v. John Jones, Gen. No. 
 275,496, in the circuit court of Cook county. 
 
 Plaintiff's claim is against the defendant as sheriff for de- 
 fendant's taking an insufficient replevin bond on or about 
 January 1, 1907, in the case of John Smith v. John Jones, Gen. 
 No. 275,496, in the circuit court of Cook county. 
 
 5. Against the Defendant Upon an Unpaid Stock Sub- 
 scription. 
 Plaintiff's claim is against the defendant on a subscription 
 made on or about January 1, 1907, for fifty shares of the cap- 
 ital stock of the Peerless Motor Company. 
 
 6. Against a Director of a Corporation. 
 
 Plaintiff's claim is against the defendant as a director of 
 the Peerless Motor Company under Section 16 (or Section 19, 
 as the case may be), of Chapter 32 of the Revised Statutes, 
 the plaintiff being a creditor of said corporation to the amount 
 of one thousand dollars ($1,000), his claim against the corpo- 
 ration being (here describe claim). 
 
 7. Against the Defendant to Recover Money Lost by 
 
 Gambling. 
 
 Plaintiff's claim is for money lost by plaintiff to the de- 
 fendant in gambling on or about January 1, 1907. 
 
 8. Against the Defendant to Recover Treble the Amount 
 
 OF Money Lost by Gambling. 
 Plaintiff's claim is for treble the amount of money lost by 
 John Smith to the defendant by gambling on or about January 
 1, 1907. 
 
 9. Against the Defendant Under the Civil Rights Law. 
 Plaintiff's claim is against defendant, as the keeper of the 
 
 Auditorium Annex, for denying plaintiff' the full and equal en- 
 joyment allowed other persons of the privileges of said Audi- 
 torium Annex on or about the first day of January, 1907.
 
 212 practice in the municip.vl court. 
 
 10. Against the Defendant Under the Railroad and Ware- 
 
 house Act. 
 Plaintiff's claim is to recover treble damages with costs and 
 attorney's fees for extortionate charges made by defendant to 
 plaintiff, being the sum of one hundred dollars ($100), on or 
 about January 1, 1907. 
 
 11. Against the Defendant for Propelling a Steam Engine 
 
 Upon the Public Highway. 
 Plaintiff's claim is against the defendant for injuries to his 
 person caused by defendant's propelling a steam engine upon 
 Madison street near Dearborn street, on or about January 1, 
 1907, in violation of the act entitled "An Act to protect per- 
 sons and property from steam engines on public highways," 
 in force July 1, 1885. 
 
 12. Against the Defend^vnt for Propelling an Automo- 
 
 bile Upon a Public Highvv^ay. 
 Plaintiff's claim is against defendant for personal injuries 
 received by plaintiff in Madison street near State street, on 
 or about January 1, 1907, through defendant's propelling an 
 automobile in violation of the act entitled "An Act to regulate 
 the speed of automobiles and other horseless conveyances upon 
 public streets, roads and highways of the State of Illinois," 
 in force July 1, 1903. 
 
 13. Against the Defendant for Unlawfully Obstructing a 
 
 Highway. 
 
 Plaintiff's claim is against defendant for injuries to his per- 
 son received in State street near Madison street, on or about 
 January 1, 1907, through the obstruction by the defendant of 
 the highway in violation of the act entitled "An Act concern- 
 ing travel upon public highways," in force July 1, 1895. 
 
 FIFTH. IN ACTIONS FOR NEGLIGENCE. 
 
 1. Collision With Street Car, RAUiWAY Car, Wagon, Auto- 
 mobile OR Other Con^veyance. 
 
 Plaintiff's claim is for injuries to his person and to his horse 
 and wagon occurring on or about Januarj^ 1, 1907, in State 
 street at or near its intersection with Madison street, by a col- 
 lision with defendant's grip ear (or railway engine or car.
 
 BILLS OF PARTICULAES. 213 
 
 ■wagon, automobile or other conveyance), caused by defendant's 
 negligence. 
 
 2. Injuries to Passengers. 
 
 Plaintiff's claim is for an injury to bis person received on 
 or about January 1, 1907, while a passenger on defendant's 
 railway car on the way from Chicago to Milwaukee, through 
 a collision of cars (or the derailing, or overturning, or sudden 
 stopping, or sudden starting of the car), occasioned through 
 defendant's negligence. 
 
 Plaintiff's claim is for injuries to his person received about 
 January 1, 1907, while about to enter defendant's street car 
 in State street near Madison street, caused by the sudden start- 
 ing of the car through defendant's negligence. 
 
 Plaintiff's claim is for an injury to his person received on 
 or about January 1, 1907, in State street near Madison street, 
 while about to alight from defendant's street car in State street 
 near Madison street, caused by the sudden starting of the car 
 through defendant's negligence. 
 
 3. Injuries to Employees by Machinery. 
 Plaintiff's claim is for an injury to his hand on or about 
 January 1, 1907, in defendant's factory at Randolph street and 
 Fifth avenue, occasioned by defendant's negligence. 
 
 4. Against Common Carriers for Loss op or Injury to Per- 
 
 sonal Property. 
 Plaintiff's claim is against defendant as a common carrier 
 for the loss of (or injury to) the following property (here de- 
 scribe property) on or about January 1, 1907. 
 
 5. Against Innkeeper for Loss of or Injury to Personai^ 
 
 Property. 
 
 Plaintiff's claim is against defendant as an innkeeper for the 
 loss of (or injury to) the following personal property (here 
 describe property), on or about January 1, 1907. 
 
 6. Against An Attorney for Negligence. 
 
 Plaintiff's claim is against defendant as an attorney for neg- 
 ligence in conducting the case of John Doe v. Richard Roe, Gen, 
 No. 275,496, in the circuit court of Cook county, from about 
 January 1, 1905, to about January 1, 1907.
 
 214 PRACTICi; IX THE MUNICIPAL COURT. 
 
 Plaintiff's ehiini is a«irainst defeudant as an attorney for neg- 
 ligence in advising plaintiff on or about January 1, 1907, in 
 respect to a certiiin contract between John Doe and Richard 
 Roe. 
 
 Plaintiff-'s claim is against defendant as an attorney for 
 negligence, on or about January 1, 1907, in examinin<; the title 
 to Lot one (1), in Block one (1) in the city of Chicago. 
 
 7. Against a Sheript for Negligence. 
 
 Plaintiff' 's claim is against di^fendant as sheriff' for negli- 
 gence on or about January 1, 1907, in respect to the service of 
 a summons upon the defendant in the case of John Doe v. Rich- 
 ard Roe, Gen. No. 278,496, in the circuit court of Cook county. 
 
 Plaintiff's claim is against defendant as sheriff' for negli- 
 gence, on or about January 1, 1907, in respect to the service of 
 an execution upon the defendant in the case of John Doe v. 
 Richard Roe, Gen. No. 278,496, in the circuit court of Cook 
 county. 
 
 8. Against a Physician for Malpractice. 
 
 Plaintiff' 's claim is against the defendant as a physician for 
 negligence in treating the plaintiff from about the first day of 
 January, 1907, to the first day of February, 1907. 
 
 9. Against a Surgeon for Malpractice. 
 
 Plaintiff's claim is against defendant as a physician for 
 negligence in performing a surgical operation upon plaintiff on 
 or about the first day of January, 1907. 
 
 10. Against a Landlord for Negligence. 
 
 Plaintiff's claim is against defendant as plaintiff's landlord 
 for negligently failing to keep the premises known as (here 
 describe premises) from January 1, 1907, to about February 1, 
 1907, in proper condition, resulting in injury to the plaintiff's 
 health. 
 
 11. Against tpie Occupant of Premises for Negligence. 
 
 Plaintiff's claim is against defendant as occupant of the prem- 
 ises known as number (here describe premises) for negligently 
 failing to keep the same in condition from about January 1, 
 1907, to about February 1, 1907, resulting in plaintiff' 's injury.
 
 bills of particulars. 215 
 
 12. Against a Bailee for Negligence with Respect to Per- 
 
 sonal Property Intrusted to Him. 
 
 Plaintiff's claim is against defendant as bailee for damages 
 to the following personal property (here describe property) 
 intrusted by plaintiff to defendant as bailee, said injuries being 
 through defendant's negligence. 
 
 13. Against the Defendant for Injuries Caused by the 
 
 Explosion of a Boiler. 
 
 Plaintiff's claim is against defendant for injuries received on 
 or' about January 1, 1907, through the explosion of a boiler at 
 No. 150 Madison street, occasioned by defendant's negligence. 
 
 14. Against the Defendant for an Injury Through Un- 
 
 safe Machinery. 
 
 Plaintiff's claim is against defendant for personal injuries 
 received by plaintiff at No. 150 Madison street on or about 
 January 1, 1907, through the negligence of defendant in having 
 unsafe machinery. 
 
 15. Against the Defendant for an Injury Through an 
 
 Elevator. 
 
 Plaintiff's claim is against defendant for personal injuries 
 received by plaintiff on or about January 1, 1907, at number 
 150 Madison street by an elevator, said injury being occasioned 
 by defendant's negligence. 
 
 16. Against the City for an Injury Through a Defective 
 
 Sidewalk. 
 
 Plaintiff's claim is against the defendant for personal injuries 
 received by plaintiff on or about January 1, 1907, in Madison 
 street, near State street, because of the defective condition of a 
 sidewalk, occasioned through defendant's negligence.
 
 CHAPTER Xn. 
 
 EXAMINATION OF ADVERSE PARTIES AND ORAL 
 EVIDENCE ON MOTIONS. 
 
 First. Section 32 authorizes the court, at any time before the 
 trial or final hearing, to permit the filing of interrogatories, 
 to be answered by any party to the suit, or any person for whose 
 immediate benefit the suit is prosecuted or defended, or any 
 directors, officers, superintendent or managing agents of any 
 corporation which is a party to the record, at the instance of 
 the adverse party or parties, or any of them, and to require 
 an answer under oath to all such interrogatories as the party 
 to be interrogated might be required to answer, if called as a 
 witness upon the trial or hearing of such suit. The party filing 
 the interrogatories, however, is not to be concluded by the 
 answers, if he elects to introduce them, or any of them, upon 
 the trial or hearing. 
 
 Statutes permitting the filing of interrogatories to be 
 answered by the adverse parties are in force in many of the 
 states. They differ considerably from each other with respect 
 to the character of the interrogatories which may be filed. The 
 practice in the different states in regard to them is concisely 
 stated in 14 Cyc. 352-362. The practice in the municipal court 
 will doubtless be, to some extent, regulated by rules to be adopt- 
 ed by the judges. In advance of the adoption of such rules it 
 is practicable to lay down only a few general principles. 
 
 The interrogatories to be propounded should be reasonably 
 limited in number and should be directed to the vital ques- 
 tions in the case. No questions should be permitted which 
 would not be permissible were the case on trial and the party 
 interrogated being examined as a witness in open court. The 
 purpose of the interrogatories should be merely to obtain in- 
 formation, by means of which the disputed questions of fact 
 between the parties may be settled in advance of the trial and 
 
 216
 
 EXAMINATION OF AD\rERSE PARTIES. 217 
 
 the number of witnesses and the amount of evidence required 
 upon the trial thereby diminished. In some cases by means of 
 interrogatories the necessity for a trial may be entirely avoided. 
 
 The plaintiff should not be permitted to file interrogatories 
 unless his application is accompanied by an affidavit showing 
 that he has a good cause of action, and the defendant should 
 not be permitted to file interrogatories unless his application 
 is accompanied by an affidavit showing that he has a good de- 
 fense, in whole or in part, to the plaintiff's claim. Without 
 this requirement the right to file interrogatories and to require 
 them to be answered might be abused through a mere desire 
 to fish for information. 
 
 Second. The provision in section 33 is substantially a copy 
 of section 5659 of the Minnesota Code. The examination, being 
 in open court, is under the control of the presiding judge, and 
 is governed, for the most part, by the same rules which govern 
 ether cross-examinations. No re-examination by the attorney 
 of the party called as a witness is permissible. If such exami- 
 nation is desired the party must be called as a witness in his 
 own behalf. The advantage to be derived from this practice 
 is the elimination of uncontroverted matters by the proof, 
 through the admissions of the opposite party, of facts which 
 otherwise might require the production of many witnesses. The 
 section is construed in In re Brown, 38 Minn., 112 (35 N. W. 
 726) ; Walford v. Farnham, 44 Minn., 159 (46 N. W., 295) ; 
 Schmidt v. Schmidt, 47 Minn., 451 (50 N. W., 589); Schmidt 
 v. Durnham, 50 Minn., 96 (52 N. W., 277) ; State v. Thaden, 
 43 Minn., 325 (45 N. W., 614) ; Wheato^i v. Berg, 50 Minn., 
 525 (52 N. "W., 926). 
 
 Third. Under the present practice the only evidence which 
 can be used in support of or in opposition to interlocutory mo- 
 tions are the voluntaiy affidavits of witnesses, or records, or 
 other documents or writing's. As a consequence it often hap- 
 pens tha,t the decision of a motion may depend upon the skill 
 and industry of the respective attorneys in drawing affidavits. 
 Oftentimes facts are sworn to in affidavits which would not be 
 sworn to were the party making the affidavit testifying as a 
 witness in open court. The knowledge that the party making 
 an affidavit may be called into court and cross-examined will 
 be productive of greater caution on the part of those who
 
 218 
 
 PRACTICE IN THE MUNICIPAL COURT. 
 
 prepare aflSdavits, and greatly lessen the amount of perjury that 
 is now prevalent. Again, though a person might be an im- 
 portant witness as to a fact in issue upon a motion, his evi- 
 dence cannot now be obtained unless he volunteers to make an 
 aflfidavit. This defect in the system of practice will be reme- 
 died by the provision allowing the calling of witnesses upon 
 such motions.
 
 CHAPTER Xm. 
 
 CHANGES OF VENUE. 
 
 In cases of the first and second classes the provisions for 
 changes of venue applicable in the circuit court will all be ap- 
 plicable in the municipal court, excepting those which make 
 a distinction between applications at the first term of court 
 and those made at subsequent terms. There being no terms 
 in the municipal court, every application for a change of venue 
 in a case of the first class or of the second class should, and 
 doubtless will, be treated as though it were one made at the 
 first term in a circuit court. This will give the parties a rea- 
 sonable opportunity to avoid a trial before a judge whom they 
 regard as prejudiced without delaying the trial of the cause, 
 which may be had immediately before another judge. 
 
 With respect to cases of the third, fourth and fifth classes 
 section 39 provides that no application for a change of venue 
 on account of the prejudice of the judge shall be allowed by 
 the municipal court, when the applicant names in his application 
 more than one judge from whom such change of venue is de- 
 sired, nor unless such application for a change of venue is 
 made by petition as in like cases in the circuit court, and such 
 petition is filed at or before the time of the filing or entering 
 by the defendant of his appearance in the suit in which such 
 change of venue is asked for, if such suit be a civil suit, or at 
 or before the time the defendant is required to plead, if such 
 suit be a criminal suit. It is further provided that the grant- 
 ing of a change of venue shall not delay the trial, but that the 
 suit shall be tried and disposed of at the time set for the trial 
 thereof, or at the time to which the trial thereof may be post- 
 poned, before some other judge of the court than the one from 
 whom the change of venue was granted, or in any other dis- 
 trict in which the same may be ordered to be tried, and that 
 all orders necessary to the setting of such case for trial and 
 for the securing of a speedy trial thereof may be made by the 
 judge from whom said change of venue has been obtained. 
 
 219
 
 220 PRACTICE IN THE MUNICIPAL COURT. 
 
 As to applications for changes of venue in cases of the third, 
 fourth and fifth classes on grounds other than the prejudice 
 of a judge, all the provisions for changes of venue made ap- 
 plicable in the circuit court will be applicable in the munic- 
 ipal court, excepting those which make a distinction between 
 applications at the first term of court and those made at sub- 
 sequent terms. In such cases the practice will be the same as 
 above stated with respect to cases of the first and second classes. 
 
 The provisions above mentioned with respect to applications 
 for changes of venue in cases of the fourth and fifth classes 
 on account of the prejudice of the judge, are designed to pre- 
 vent applications being made because, on account of some re- 
 mark or ruling of the judge, one of the parties becomes dis- 
 satisfied with the judge's views, real or supposed, respecting 
 the law or the facts of the case and therefore prefers to take 
 his chances before some other judge. Furthermore, the pro- 
 visions in question will prevent applications being made with 
 a view to obtaining delay. In the circuit court it frequently 
 happens that a defendant, when the case is about to be called 
 for trial, suddenly discovers that the judge is prejudiced 
 against him and he takes a change of venue in order to secure 
 a postponement of the trial which is always the result of the 
 granting of the application. The plaintiff in such case finds 
 either that his case is deprived of its place upon the calendar, 
 or that he is put to serious trouble and inconvenience in se- 
 curing a trial before another judge. This will not happen in 
 the municipal court. No postponement of the trial will result 
 from the application for a change of venue, but the trial will 
 take place upon the day set therefor before some judge other 
 than the one from whom the change of venue has been taken.
 
 CHAPTER XIV. 
 TRIAL BY JURY. 
 
 Trial by jury in the municipal court, aside from the charg- 
 ing of the jury, which will be discussed in the next chapter, and 
 excepting as to the method of impaneling the jury, will be sub- 
 stantially the same as that prevailing in the circuit court. Thy 
 jiu'ors are to be provided by the jury commissioners of the 
 county of Cook in the same manner and from the same lists, 
 as near as may be, as petit jurors are provided for the circuit, 
 superior and criminal courts of Cook county. The names of 
 the necessary number of petit jurors required from time to 
 time in the municipal court are to be furnished by the jury 
 commissioners upon demand to the clerk of the municipal court, 
 and the venires for such jurors are to be directed to and 
 served by the sheriff of Cook county. The number of petit 
 jurors to be summoned from time to time is to be determined 
 by the chief justice. (Section 25.) In the following respects 
 the practice in the municipal court will differ from that in the 
 circuit court: 
 
 First. By section 26 it is made the duty of the chief justice 
 to cause to be interrogated all petit jurors summoned for serv- 
 ice in the municipal court and to cause to be inquired into the 
 qualifications of all such jurors, and to reject from service all 
 who do not appear to possess the qualifications required by law;. 
 This duty is an exceedingly important one. It is the clear in- 
 tention and positive direction of the Municipal Court Act that 
 the statutory qualifications of the jurors shall not be a matter 
 left entirely for the investigation of the attorneys at the time 
 jurors are being impaneled in cases, but that the chief justice in 
 the first instance shall see to it that there are no jurors called 
 into the jury box who do not possess the statutory qualifica- 
 tions. Thus, if the law be obeyed, and it is to be presumed it 
 will be, a panel of one hundred jurors accepted for service in 
 the municipal court will be one hundred men, every one of 
 whom possesses all the qualifications required by law, except- 
 
 221
 
 222 PRACTICE usr the municipal court. 
 
 ing, however, those falling under the designation "free from 
 all legal exceptions," as it would hardly be practicable to in- 
 quire in advance into all such exceptions. With a panel of 
 jurors all of whom are "in the possession of their natural fac- 
 ulties and not infirm or decrepit, free from all legal exceptions, 
 of fair character, of approved integrity, of sound judgment, 
 well informed and who understand the English language," 
 trial by jury, instead of being to a large extent a farce, as it 
 now is, may become a useful institution. 
 
 Secotid. By the terms of section 30 the right to a trial by 
 jury in any case of the first, fourth or fifth class de- 
 pends upon the affirmative act of the plaintifi:" at the time he 
 commences his suit, or of the defendant at the time he enters 
 his appearance, in filing with the clerk a demand in writing for 
 such mode of trial. A failure to file this demand is equivalent 
 to a consent to a trial by the court without a jury. 
 
 Third. By the terms of section 56, in a civil case of the 
 first, fourth or fifth class, the plaintiff at the time he com- 
 mences his suit, or the defendant at the time he enters his ap- 
 pearance, must pay the sum of six dollars as additional advance 
 costs, as a condition precedent to a trial by jury. 
 
 Fourth. By section 31 it is provided that it shall be the duty 
 of the judge presiding at the trial to examine, or cause to be 
 examined, all jurors called into the jury box in any case with 
 respect to their statutory qualifications to serve as petit jurors 
 in such case, and to permit the plaintifi^, or the people, and 
 the defendant, to propound to the jurors such pertinent ques- 
 tions as may be necessary for the purpose of ascertaining 
 whether the jurors are biased or prejudiced. Under the prac- 
 tice in the circuit court the examination of the jurora is con- 
 ducted by the attorneys of the respective parties, who are per- 
 mitted to ask all questions that may be pertinent not oiUy for 
 the purpose of ascertaining the statutory qualifications of the 
 jurors and whether they are biased or prejudiced, but also to 
 ascertain whether they are such persons as the parties wish 
 to challenge peremptorily. In the municipal court inquiries of 
 jurors, the sole purpose of which is to enable the party to de- 
 termine whether he wishes to exercise the right of peremptory, 
 challenge, are not permissible.
 
 TRIAL BY JURY. 223 
 
 Fifth. Upon appeal or writ of error the only question sub- 
 ject to review with respect to the impaneling of the jury is 
 whether the municipal court improperly restricted the right of 
 the defendant to examine the jurors as to bias or prejudice or 
 improperly overruled a challenge by the defendant of a juror 
 for bias or prejudice. Thus the examination of the jurors is a 
 matter largely in the discretion of the presiding judge. If no 
 biased juror is allowed to serve and the parties are allowed a 
 reasonable latitude in the examination into the bias or preju- 
 dice of jurors, no other error can be complained of in the ap- 
 pellate or supreme court.
 
 CHAPTER XV. 
 INSTRUCTING THE JURY. 
 
 There is no portion of the practice in cases of trials by jury- 
 that has been the occasion of greater divergence of views than 
 that which pertains to the judge's charge. In England, when 
 a case is tried by jury, the presiding judge, at the conclusion 
 of the arguments, sunis up the evidence, giving to the jury 
 the benefit of his own opinions as to the weight to be given to 
 the testimony of the witnesses and as to the effect of such tes- 
 timony with respect to the controverted facts, and states the 
 rules of law applicable to the case, so that the jury hear first, 
 the evidence, second, the arguments of the counsel on both 
 sides, and lastly, the views of the judge as to the law and the 
 facts. They are then left free to make such finding with re- 
 spect to the facts as they deem proper, and their findings are, 
 as a rule, only disturbed when they result from misdirection 
 of the judge, or from substantial errors of law committed dur- 
 ing the progress of the trial. In a capital case they cannot be 
 disturbed by the court, but a sentence to death follows imme- 
 diately, and as a matter of course, upon a verdict of guilty. 
 
 In the courts of the United States a modified form of the Eng- 
 lish practice prevails. The judge charges the jury orally as to the 
 law and is at liberty to express his opinion as to the facts, pro- 
 vided the jury are left free to make such finding with respect 
 thereto as, in their opinion, the evidence justifies. Usually, 
 however, there is no summing up of the evidence, and as a rule 
 the judge does not express an opinion as to what the ultimate 
 finding of the jury should be, though he does frequently, either 
 in direct terms, or by the general character of his remarks, in- 
 dicate his views as to matters pertaining to the facts. 
 
 In the state courts the practice is varied. In some states 
 the judges have the same powers as the judges of the United 
 States courts. In others the judges, though they are forbidden 
 to charge the jury as to the facts, are permitted to state the 
 
 224
 
 INSTRUCTING THE JURY, 225 
 
 testimony and the law, either orally or in writing. In othei*s 
 the judges are restricted to charging as to the law only, but 
 are allowed to charge orally. In still others they are pro- 
 hibited from charging as to the facts and are permitted to 
 charge as to the law only, the charge being required to be in 
 writing. 
 
 In this state the English system of charging the jury pre- 
 vailed until the passage of the Practice Act of 1827, one provi- 
 sion of which was that the circuit courts in charging the jury 
 should only instruct as to the law of the case. This was the 
 first step taken by way of legislation with respect to the charge. 
 It had for its alleged purpose the protection of litigants from 
 possible unjust influence of the judges over juries in respect 
 to their findings of fact. The same provision was embodied 
 in the Revised Statutes of 1845. The charge of the court as 
 to the law of the case was, however, always given orally until 
 the passage of the act entitled "An Act to amend the Practice 
 Act," approved February 25, 1847, the first three sections of 
 which are as follows: 
 
 "Section 1. Be it enacted by the People of the State of Illi- 
 nois, represented in the General Assembly, That hereafter no 
 judge of the circuit court shall instruct the petit jury in any 
 case, civil or criminal, unless such instructions are reduced to 
 writing. 
 
 "Section 2. And when instructions are asked which the 
 judge cannot give, he shall, on the margin thereof, write the 
 word 'refused;' and such as he approves he shall write on the 
 margin thereof the word 'given,' and he shall in no case, after 
 instructions are given, orally qualify, modify, or in any man- 
 ner explain the same to the jury. 
 
 "Section 3. And such instructions, so given, shall be taken 
 by the jury in their retirement, and returned by them with 
 their verdict, into court." 
 
 The passage of this act by the General Assembly was pro- 
 cured by a member of the bar who, either justly or unjustly, 
 claimed that a circuit judge had refused to sign a bill of ex- 
 ceptions setting forth his charge as actually given. In order 
 that there might be no ground for dispute thereafter as to the 
 
 15
 
 226 PRACTICE IX THE MUNICIPAL COURT. 
 
 exact wording of a judge's charge, he urged the passage of the 
 act above referred to and it was passed accordingly. This was 
 the second step taken, by way of legislation, with respect to the 
 charge. It also had for its alleged object the prevention of 
 unfairness on the part of the judge. Why it should have been 
 required that the jury take with them the instructions in their 
 retirement, when they were not permitted to even take notes 
 of the evidence but were compelled to rely solely upon their 
 recollections of it, is not easy to understand. 
 
 From the date of the passage of this act of 1827 down to 
 the date of the adoption of the act entitled "An Act in regard 
 to the practice in courts of record," approved February 22, 
 1872, exceptions to the charge or instructions of the court, and 
 to the court's rulings with respect to requests to charge or in- 
 struct, were required to be taken at the time the charge was 
 given, or when the rulings were made and before the jury re- 
 tired. This was for the purpose of enabling the court to correct 
 any errors in the charge before the verdict, and thus avoid the 
 granting of new trials for errors which, had they been pointed 
 out, might have been corrected before the jury retired. 
 
 In Leigh v. Hodges, 3 Scam. 15, 17^ the court said: "It is 
 a well settled rule that exceptions to the charge of the judge 
 should be taken at the time the charge is given, and before the 
 jury retire, as thereby an opportunity is at once afforded the 
 judge for more reflection, to correct any error into which he 
 may be precipitated in the hurry of trials on the circuit. It is 
 too late to take the exception after the verdict is rendered." 
 
 In Hill V. Ward, 2 Oilman, 285, 293, the court said: "The 
 doctrine that a party cannot except to the opinion of a court 
 in giving or refusing instructions except at the time they are 
 given or refused, is distinctly settled by this court in the case 
 of Leigh v. Hodges, 3 Scam. 15, and it needs no argument nor 
 authority to prove that a party cannot be permitted to assign 
 for error in this court any decision or opinion of the circuit 
 court made or expressed during the progress of a cause, in the 
 propriety of which, at the time of its occurrence, he silently 
 acquiesced." 
 
 Under the rule thus laid down, if the attorney of either 
 party, upon hearing read an instruction given on behalf of his 
 adversary, discovered therein an inaccurate statement of the
 
 INSTRUCTING THE JURY. 227 
 
 law, he was bound to call the court's attention to it immedi- 
 ately upon the conclusion of the reading of the instructions, 
 for otherwise he would be stopped from ever after complain- 
 ing of it. It was presumed that, in proceedings in court, the 
 attorneys on both sides of a case, as officers of the court, were 
 acting in good faith in the performance of their duty of aid- 
 ing the court in arriving at a correct decision with respect 
 to every question of law presented, that they earnestly and 
 honestly desired that the law should be stated to the jury cor- 
 rectly by the court, and that neither of them wished the court 
 to give instructions unfavorable to his side of the case which 
 were clearly erroneous. Hence, if an attorney heard an in- 
 struction read which he regarded as unfavorable to his client 
 and also considered erroneous and calculated to mislead the 
 jury, it was assumed that he would immediately arise and call 
 the court's attention to the error committed with a view to 
 its correction and the consequent protection of his client's 
 rights. If he did not do so, there was applied to him the same 
 doctrine of estoppel that is applied to any person who has re- 
 mained silent in respect to a transaction when it was his duty 
 to speak. In other words, the law exacted of attorneys that 
 they be at least honest enough, after the charge was given and 
 before the jury retired, to indicate to the court all defects in 
 the instructions which they regarded as of a character so se- 
 rious as to be injurious to their clients, and which they in- 
 tended to rely upon as grounds for a new trial in case of an 
 adverse verdict. How any other view could properly have 
 been taken with respect to the duty of the attorneys in this 
 matter, or with respect to the rule of practice proper to be ap- 
 plied in such a case, it is difficult to understand. Nobody ap- 
 parently doubted the existence of that duty, or the propriety of 
 requiring the attorneys for both parties to be honest and act 
 in good faith towards the court, at least in respect to pointing 
 out errors in the charge before the jury retired, until after 
 the revision of the statutes of 1872, when section 2 of the Act 
 of 1847 was amended by adding thereto the following: 
 
 "Exceptions to the giving or refusing any instructions may 
 be entered at any time before the entry of final judgment in 
 the case." 
 
 This was the third step, by way of legislation, taken with
 
 228 PRACTICE IN THE MUNICIPAL COURT. 
 
 respect to the charsre, but it did not have for its object, real or 
 alleged, the prevention of unfairness on the part of the judge. 
 Its manifest purpose was to increase the difficulties attendant 
 upon trials by jury and to enable parties against whom ver- 
 dicts might be rendered to cause them to be set aside upon 
 motions for new trials or upon appeals or writs of error, for 
 errors in the charge which, if called to the attention of the 
 court before the jury retired^ would have been immediately'' 
 corrected. 
 
 Doubtless the General Assembly would have been severely 
 criticised had it solemnlj^ enacted that thereafter no litigant 
 should be bound, during the progress of a trial bj^ jury, to ob- 
 ject to the admission or rejection of testimony, or to any other 
 ruling of the presiding judge, but that, though remaining silent 
 with respect to all such matters and acquiescing therein, he 
 might, for the first time after the rendition of the verdict, and 
 for the purpose of having it annulled, object to any or all of 
 those rulings he had thus acquiesced in and have his objection 
 sustained and the finding of the jury set aside. Yet this pro- 
 vision that "exceptions to the giving or refusing any instruc- 
 tions may be entered at any time before the entry of final judg- 
 ment in the case" was accepted apparently without criticism 
 and has been acquiesced in for over thirty-three years. 
 
 Such being the law respecting exceptions to the giving of 
 instructions, what is the situation of the trial judge in a closely 
 contested case tried by jury? Usually, at the conclusion of 
 the introduction of the evidence and before the arguments are 
 begun, he is handed from twenty or forty separate written 
 propositions with the request that they be read to the jury as 
 expressing the rules of law applicable to the decision of the 
 case. The law compels him to read each one of these and to 
 determine whether it states correctly a proposition of law ap- 
 plicable to the ease and, if so, to mark it on the margin 
 "given," or otherwise to mark it on the margin "refused." 
 The ones marked "given" he must read to the jury at the con- 
 clusion of the arguments. The examination of these instruc- 
 tions must often be, and usually is, made during the progress 
 of the arguments to the jur}% arguments to which the judge, 
 as well as the jury, ought to give attention, and is subject to 
 .frequent interruptions caused by objections upon which the
 
 INSTRUCTING THE JURY. 229 
 
 judge is called upon to pass. In the performance of this work 
 he receives, as a rule, no aid whatever from the attorneys, who, 
 having prepared the case for trial, ought to be, and usually are, 
 familiar with the rules of law applicable thereto and conse- 
 quently could, if they would, so aid him as to enable him to 
 decide correctly all or at least most of the questions arising 
 upon the instructions. Not only do the attorneys not aid him, 
 but oftentimes they present to him for his consideration propo- 
 sitions prepared for the express purpose of entrapping him into 
 committing erroi*s which, in case of an adverse verdict, will 
 enable them to obtain a new trial. 
 
 The instructions being examined, those marked "given" are 
 read to the jury, who thereupon retire with them to consider 
 of their verdict, the attorneys on both sides remaining silent. 
 Though each of them may have observed errors in those given 
 on behalf of his opponent, he keeps his discovery to himself, 
 happy in the thought that, if the jury decides against him, he 
 is reasonably certain of securing a new trial. What the jury 
 do with these instructions in the jury room is unknown, ex- 
 cepting as it may be gathered from the reports of learned and 
 exhaustive judicial opinions rendered by appellate tribunals. 
 By inference, from the nature and character of these decisions 
 and opinions, we are led to the inevitable conclusion that these 
 twelve men, ''of fair character, of approved integrity, of sound 
 judgment, and who understand the English language," imme- 
 diately upon arriving at the jury room, proceed to examine 
 with great learning and acumen the various propositions set, 
 forth in these written instructions, with a view to ascertaining 
 whether there are not some defects in them which have escaped 
 the eye of the presiding judge, and which they, as jurors, can 
 make use of for the purpose of being so misled or confused as 
 to render an improper and an unjust verdict, or at least a ver- 
 dict which they otherwise would not have rendered. The fol- 
 lowing, among others, are defects which have been discovered 
 after an adverse verdict and which have been urged, and often 
 with success, in the appellate courts and in the supreme court, 
 as grounds for reversing judgments: 
 
 1. That they submit questions of law to the jury. Harvey 
 V. Hamilton, 155 111. 377 ; People v. Mayor, 193 111. 309.
 
 230 PKACTICE IN THE MUNICIPAL COURT. 
 
 2. That they are involved. C. B. & Q. R. K. Co. v. Sijkes, 
 96 111. 162. 
 
 3. That they invade the province of the jury by directing 
 them what weight should be given to the testimony of wit- 
 nesses, Nicman v. ISchnitker, 181 111, 400; West Chicago St. 
 B. Co. V. Mueller, 165 111. 499; Hmse v. Wilder, 47 111. 510. 
 
 4. That they express opinions respecting controverted facts. 
 L. 8. <& M. S. R. Co. V. Taylor, 46 lU. App. 506 ; American Ins. 
 Co. V. Crawford, 89 111. 62. 
 
 5. That they advise the jury as to the effect of certain evi- 
 dence on contested questions of fact. L. S. & M. S. E. Co. v. 
 Hu7idt, 140 111. 525 ; Wall v. Goodenough, 16 III. 415. 
 
 6. That they advise the jury as to the inferences they may 
 draw from facts. Graff v. Simmons, 58 111. 440; Graves v. Col- 
 well, 90 111. 612. 
 
 7. That they advise the jury as to the effect of certain facts 
 upon the credibility of witnesses. Clevenger v. Curry, 81 III. 
 432; Carey-Lombard Lumber Co. v. Hunt, 54 111. App. 314. 
 
 8. That they advise the jury as to the weight of the testi- 
 mony of one witness as opposed to other witnesses. Kelley v. 
 L. & N. R. Co., 49 111. App. 304. 
 
 9. That they advise the jury as to the weight of opinion or 
 expert evidence. Taylor v. Cox, 153 111. 220; Kankakee & Sen' 
 eca R. Co. v. Horo/n, 23 111. App. 259 ; Ro.se v. Vandercar, 21 
 App. 345. 
 
 10. That they advise the jury as to the comparative weight 
 to be given to affirmative and negative testimony. Preston & 
 Co. V. Moline Wagon Co., 44 111. App. 342; Chicago & N. W. 
 R. Co. V. Trayes, 33 111. App. 307 ; Rockwood v. Poundstone^ 
 39 111. 199. 
 
 11. That they advise the jury as to the weight to be given to 
 admissions. Doerr v. Brune, 56 111. App. 657; Byrne v. Hart' 
 shorn, 21 111. App. 550; Wickersham v. Beers, 20 111. App. 243; 
 Fritzell v. Cole, 29 111. 465. 
 
 12. That they assume the existence of facts which are not 
 uneontroverted. Dolbeare v. Coultas, 94 111. App. 55; Kornaz- 
 seivska v. West Chicago St. R. Co., 76 III. App., 366; City of 
 Rock Island v. Drost, 71 111. App., 613; Swigart v. Ilawley, 
 140 111., 186 ; Allmendinger v. McHie, 189 111., 308 ; Indianapo- 
 lis & St. L. R. Co. V. Miller. 71 111., 463.
 
 INSTRUCTING THE JURY. 231 
 
 13. That they give undue prominence to certain facts. Sul- 
 livan V. Eddy, 164 111., 391; Draiftage Commrs. Dist. v. /. C. R. 
 R. Co., 158 III, 353 ; Hartshorn v. Byrne, 147 111., 418 ; Protec- 
 tion Life Ins. Co. v. Dill, 91 111., 174. 
 
 14. That they single out a particular witness. PJioenix Ins. 
 Co. V. LaPointe, 118 111., 384; Mathews v. Grariger, 96 111. App., 
 536 ; North Chicago St. R. Co. v. Dudgeon, 83 111. App., 528. 
 
 15. That they incorrectly state the rule respecting the cred- 
 ibility of witnesses. Pennsylvania Co. v. Versten, 140 111., 637; 
 Morton v. O'Connor, 85 111. App., 273. 
 
 16. That they are not clear, accurate and harmonious. Kra/nz 
 V. Thieben, 15 111. App., 482; Swan v. People, 98 111., 610; Chase 
 V. Nelson, 39 111. App., 53 ; Harms v. Stier, 70 111. App., 213 ; 
 C. B. & Q. R. Co. V. Naperville, 168 111., 87. 
 
 17. That they are misleading. West Chicago St. R. Co. v. 
 Peters, 196 111., 298 ; Chicago Anderson Pressed Brick Co. v. 
 Sohkowiac, 148 111., 573 ; Rau v. Trumbull, 58 111. App., 490. 
 
 18. That they are argumentative. Keeler v. Stuppe, 86 111., 
 309 ; Thorp v. Goewey, 85 111., 611 ; Ludwig v. Sager, 84 111., 
 99; Rockford Ins. Co. v. Nelson, 75 111., 548; C. B. d& Q. R. Co. 
 V. Griffin, 68 111., 499 ; Chapman v. Cawrey, 50 111., 512 ; Roe v. 
 Taylor, 45 111., 485. 
 
 19. That they are contradictory. Toledo, W. <& W. R. Co. 
 V. Morgan, 72 111., 155; Gilmore v. Fuller, 198 III, 130. 
 
 20. That they omit ' ' from the evidence ' ' after the words ' ' if 
 the jury believe," or ''if the jury finds." Chicago v. Morse, 
 33 111. App., 61; Mathews v. Hamilton, 23 III, 470; City of 
 Freeport v. Isbell, 83 III, 440. 
 
 21. That certain portions of them are underscored. Wright 
 V. Brosseau, 73 III, 381. 
 
 22. That they are supported by citations of authority. 
 Springer v. Orr, 82 111. App., 558. 
 
 23. That certain Avords in them are printed in large letters. 
 Elwood v. Chicago City Ry. Co., 90 111. App., 397 ; McCormick 
 Harvesting Machine Co. v. Sendzikowski, 72 111. App., 402. 
 
 24. That they are not applicable to the pleading's. L. S. & 
 M. 8. R. Co. V. Probeck, 33 111. App., 145 ; C. & A. R. R. Co. v. 
 Mock, 72 III, 141. 
 
 25. That they are not based upon the evidence. Lusk v. 
 Throop,, 189 III. 127 l Boldenwick v. Cahill, 187 III, 218 ; Glu-
 
 232 PRACTICE IN THE MUNICIPAL COURT. 
 
 cose Sugar Refining Co. v. Flinn, 184 111., 123; Smiley v. Scott, 
 179 111., 142. 
 
 26. That they ignore some of the issues. Miller v. Cinna- 
 mon, 168 111., 447. 
 
 27. That they incorrectly state the measure of damages. 
 City of Decatur v. Hamilton, 89 111. App., 561 ; St. L. A. & T. 
 E. B. R. Co. V. ManUy, 58 111., 302 ; C. R. I. & P. R. R. Co. v. 
 Austin, 69 111., 427. 
 
 28. That they state propositions of law which, though cor- 
 rect, are not applicable to the case made by the evidence, Die- 
 fenthaler v. Hall, 116 111. App., 422. 
 
 29. That they incorrectly state the degree of proof neces- 
 sary to support the afBrmative of an issue. Kelley v. MaZhoit, 
 115 111. App., 23; Crabtree v. Reed, 50 111., 207; Warner V. 
 Crandale, 65 111., 195 ; Herrick v. Gary, 83 lU., 85 ; Cox v. Peo- 
 ple, 109 111., 459. 
 
 30. That they attempt to connect discordant propositions. 
 C. B. & Q. R. R. Co. V. Johnson, 103 111., 512. 
 
 It is apparent that each of the foregoing thirty objections is 
 one which, were it called to the attention of the trial court be- 
 fore the jury retired, could easily be obviated and it is equally 
 safe to say that the correction of the instructions to meet the 
 criticisms thus made upon them would not in any case have 
 produced a different verdict than that actually rendered. 
 
 Because of the system of practice provided for by these pro- 
 visions regulating instructions to the jury, the appellate tri- 
 bunals have been impelled to a course of procedure entirely 
 consistent with the constitutional provision that the right of 
 trial by jury shall be and remain inviolate, and the legislative 
 view that the preservation of this sacred right demands that 
 the jury shall be informed as to the law of the case in terms 
 not susceptible of possible misinterpretation, and that they shall 
 be absolutely and unqualifiedly protected against the possibility 
 of influence on the part of the judge respecting their findings 
 as to the facts. The anxiety for the attainment of perfection 
 has led to the adoption of the rule that in a case where there 
 is a fair conflict in the evidence no verdict shall be allowed to 
 stand when there has been an error committed by the courf 
 which might have affected the result. Such an error is termed 
 a "reversible error," or "prejudicial error." The legislative
 
 INSTRUCTING THE JURY. 233 
 
 policy, as interpreted by the court, is that it is better that ninety 
 and nine or any indefinite number of possibly or even probably 
 just verdicts should be set aside, than that one should be allowed 
 to stand in the face of an error which might have contributed 
 to produce it. 
 
 If we contrast the decisions of the supreme and appellate 
 courts in cases tried by jury with their decisions in chancery 
 cases, where the evidence has been heard by a master or by the 
 chancellor, we find a radical difference between them. When 
 a case is tried in chancery, errors in the rulings of the court 
 upon a hearing are, excepting in a few instances, disregarded 
 unless the final result appears to be wrong. Let the chancellor 
 err ever so much in the admission of the evidence and let him 
 deliver a written opinion filled with erroneous views of the 
 rules of law and equity applicable to the icase, his decree will 
 still be sustained, unless it appear to be contrary to the com- 
 petent evidence in the record and the rules of law and equity 
 applicable thereto. Yet the right of the litigant to demand that 
 the chancellor shall only be influenced by competent evidence 
 and that he shall correctly apply the established rules of law 
 and equity to the evidence is as clear and indisputable as is his 
 right to demand that the verdict of a jury shall not be the 
 result of the influence upon their minds of incompetent testi- 
 mony or incorrect views as to the law. Why, then, is it that 
 in a chancery case the appellate tribunal concerns itself, except- 
 ing in a very few eases, only with the question whether ,the 
 result reached by the chancellor is clearly contrary to the law 
 and the evidence, while in a case tried by jury it concerns itself, 
 excepting in a very few instances, solely with the question 
 whether the result reached might not have been brought about 
 by erroneous rulings of the court? 
 
 When we examine the decisions of the supreme court and of 
 the appellate courts in cases tried by jury, we cannot but be 
 impressed with the conviction that, in that class of cases, appel- 
 late tribunals have, to a large extent, gradually become mere 
 debating schools in which, ^n any given case, the question is 
 not whether the verdict is fairly supported by the evidence, but 
 it is whether the instructions given to the jury have been 
 framed with that degree of accuracy that makes them not sub- 
 ject to criticism. The result has been disastrous. Instructions
 
 234 PRACTICE IN THE MUNICIPAL COURT. 
 
 which, if given fifty years ago in the trial of a case by jury, 
 would not have been assailed as inaccurate by any lawyer in 
 good standing, have, through the assiduous cultivation by lawyers 
 and judges of the art of criticism, come to be viewed as so erro- 
 neous as to vitiate a verdict otherwise unimpeachable. Argu- 
 ments which, if made then, would have been characterized as 
 puerile, are allowed now to accomplish the reversal of judg- 
 ments. To have a realizing sense of the utter ridiculousness 
 of the present situation we have only to imagine Lincoln and 
 Douglass arguing at the bar, and Caton, Treat and Trumbull 
 deliberating in the conference room upon such questions as 
 whether a judgment should be reversed because of the omission 
 of ''from the evidence" after "if the jury believe," or "if the 
 jury find" {City of Freeport v. Ishell, 83 111., 440), or because 
 "from the evidence" was only in the middle of the instruction 
 {T. W. TT. Ry. Co. v. Lockhart, 71 111., 629), or only in the tail 
 end (Belden v. Woodmansee, 81 111., 28), or whether a party 
 who, perceiving the presiding judge to be asleep during the 
 progress of the trial and failing to wake him up, could success- 
 fully urge the judge's conduct as a ground for a new trial 
 (C C. Ry. Co. V. Anderson, 193 111., 9), or the multitude of 
 other similar questions which are now daily argued before and 
 considered by the supreme court and the appellate courts. 
 
 The system of practice which has thus grown up is vicious, 
 not merely because of the vexation and injustice it causes liti- 
 gants who have meritorious causes, but also because of its de- 
 moralizing effect, both upon the bench and upon the bar. Many 
 great questions are presenting themselves to the courts for 
 solution and they need careful and thorough consideration hy 
 great and broad-minded men. But how can judges devote the 
 necessary time to these great questions and acquire the intellec- 
 tual strength needed for their proper consideration, when their 
 time is so largely taken up with such trifles as those above men- 
 tioned ? 
 
 To correct the evils thus pointed out the Municipal Court 
 Act (section 37) provides as follows: 
 
 "Section 37. That in trials by jury in the municipal court, 
 the court shall charge the jury as to the law onlj^, and the 
 charge may, in the discretion of the court, be given orally or in
 
 INSTRUCTING THE JURY. 235 
 
 writing, but when given orally, it shall be taken down in short- 
 hand and at the request of either party a transcript thereof 
 shall be made and filed in the cause in which such charge Is 
 given and shall be made a part of the record in such case." 
 
 By virtue of these and other provisions, the practice now pre- 
 vailing in the circuit, superior and criminal courts will be 
 varied from in the municipal court in the following particulars : 
 
 First. The charge of the court will be given orally instead 
 of in writing. 
 
 Second. The parties will be permitted to present to the 
 judge, either orally or in writing, requests to charge, which will 
 be duly considered and passed upon by him. 
 
 Third. The jury will take with them in their retirement only 
 their recollections of the rules of law announced in the charge, 
 instead of a number of written propositions, each having the 
 word "given" written upon its margin, and a portion pur- 
 porting to be ''instructions for the plaintiff" and the remain- 
 ing portion ''instructions for the defendant." 
 
 Fourth. In order that errors may be corrected before the ver- 
 dict, the court will require errors and inaccuracies in the charge, 
 as given, as well as in refusals to charge as requested, to be 
 pointed out and exceptions to be taken before the jury retire, 
 instead of allowing them after the verdict. Exceptions to the 
 charge, moreover, will not be permitted to be mere formalities, 
 but the attorneys of the respective parties will be required in 
 good faith to point out specially and intelligibly the corrections 
 which they wish to be made. 
 
 Fiftli. In cases involving not exceeding $1,000 errors in the 
 charge will not be sufficient to secure a reversal of a judgment 
 merely because they might have affected the result, for, by the 
 seventh clause of section 23, it is provided that "no order or 
 judgment so sought to be reviewed shall be reversed unless the 
 supreme court or appellate court, as the case may be, shall be 
 satisfied . . . that such order or judgment is contrary to the 
 law and the evidence, or that such order or judgment resulted 
 from substantial errors of said municipal court directly affect- 
 ing the matters at issue between the parties. ' '
 
 PART III. APPELLATE PROCEDURE. 
 
 CHAPTER I. 
 
 APPELLATE PROCEDURE IN CASES OF THE FIRST, 
 SECOND AND THIRD CLASSES. 
 
 These cases are those included within divisions first, second 
 and third of section 2. All civil cases of these classes are review- 
 able both by appeal and writ of error, but all criminal cases are 
 reviewable by writ of error only. Appeals are to be taken to 
 and writs of error prosecuted from the supreme court in all 
 criminal eases above the grade of misdemeanors, cases in wdiich 
 a franchise or freehold, or the validity of a statute or construc- 
 tion «f the constitution is involved, and in all cases relating to 
 the revenue or in which the state is interested as a party or 
 otherwise. In all other cases appeals are to be taken to and 
 writs of error prosecuted from the appellate court. These pro- 
 visions are the same as those governing appeals from and writs 
 of error to circuit courts. (Section 22.) 
 
 Section 22 declares that "the practice in cases of appeals from 
 (or) writs of error to said municipal court in said cases (i, e., 
 cases of the first, second and third classes,) shall, except as in 
 this act, or by the rules of said court adopted in pursuance 
 hereof, may be otherwise provided, be the same, as near as may 
 be, as the practice in cases of appeal from (or) writs of error 
 to circuit courts in similar cases. But no appeal shall be 
 allowed in any case unless the same be prayed for within twenty 
 days after the entry of the order, judgment or decree appealed 
 from, and no assignment of error in the supreme court or in 
 the appellate court in any such case shall be allowed, whicli 
 shall call in question the decision of the municii)al court in 
 respect to any matter pertaining to the practice in said court : 
 Provided, hoivever, that the supreme court or the appellate court, 
 as the case may be, may grant relief from any error of the 
 municipal court in respect to a matter of practice therein in any 
 case where, in the opinion of the supreme court or appellate 
 court, such relief is necessary to prevent a failure of justice." 
 
 236
 
 APPELLATE PROCEDURE. " 237 
 
 The particulars in which the practice in the municipal court 
 differs from that in the circuit court, as the result of the vari- 
 ous provisions of the Municipal Court Act, may be stated as 
 follows : 
 
 First. An appeal in the municipal court must be prayed 
 within twenty days after the entry of the order, judgment or 
 decree appealed from. (Section 22.) 
 
 Second. Authenticated copies of records of judgments, orders 
 and decrees appealed from must be filed in the office of the clerk 
 of the supreme court or of the appellate court, as the case may 
 be, on or before the second day of the succeeding term of said 
 courts, provided twenty days shall have intervened between the 
 day on which the judgment, order or decree appealed from shall 
 have been entered and the sitting of the court to which the 
 appeal shall be taken; but if ten (10) and not twenty (20) days 
 shall have intervened as aforesaid, then the record shall be filed 
 as aforesaid on or before the tenth day of said succeeding term. 
 The general practice act (Hurd's R. S. of 1905, par. 73, p. 1541) 
 requires the record to be filed on or before the second day of the 
 succeeding term of the supreme court or of the appellate court, 
 provided twenty days shall have intervened between the last day 
 of the term at which the judgment, order or decree appealed 
 from shall have been entered and the sitting of the court to which 
 the appeal shall be taken. There being no terms of the municipal 
 court (section 21) conformity "as near as may be" is accom- 
 plished by requiring the practice in the municipal court to be as 
 above indicated. 
 
 Third. A bill of exceptions will not be held defective for 
 want of the seal of the judge. (Section 38.) 
 
 Fourth. Rulings of the trial court are to be subject to re- 
 view, though the bill of exceptions recites no formal exceptions 
 thereto, provided it appears that the rulings sought to be re- 
 viewed were made against the objection of the party complain- 
 ing thereof. (Section 38.) 
 
 Fifth. Upon the prosecution of an appeal or writ of error, 
 the original bill of exceptions, in lieu of a certified copy thereof, 
 is to be inserted in the transcript of the record, unless the mu- 
 nicipal court shall otherwise direct, and upon the final deter- 
 mination of the appeal or writ of error such original bill of ex- 
 ceptions is to be remitted to the municipal court. (Section 38.)
 
 238 PRACTICE IN THE MUNICIPAL COURT. 
 
 In the circuit court the insertion of the original bill' of excep- 
 tions in the transcript of the record can only be accomplished by 
 the agreement of the parties, and upon the final determination of 
 the appeal or writ of error no method is prescribed for securing 
 its return to the trial court. If proof of its contents is required, 
 it can only be obtained by means of a certified copy. 
 
 Sixth. The supreme court and appellate courts, in cases 
 brought to them from the municipal court by appeal or writ of 
 error, take judicial notice of the rules of practice from time to 
 time in force in the municipal court. (Section 20.) The prac- 
 tice is otherwise in cases of appeals from or writs of error to 
 circuit courts. In such cases the supreme court or the appellate 
 court only notices the rules of practice of the circuit court when 
 they are embodied in the bill of exceptions. 
 
 Seiventh. The supreme court and the appellate courts, in ap- 
 peals from and writs of error to the municipal court, will take 
 judicial notice, first, of all general ordinances of the city of Chi- 
 cago and all general ordinances of every municipal corporation 
 situated in whole or in part within the limits of the city of Chi- 
 cago, and, second, of all laws of a public nature enacted by any 
 state or territory of the United States. This follows from the 
 provisions of section 54 by which the municipal court is required 
 to take judicial notice of those matters. 
 
 Eighth. By the terms of section 31 no assignment of error is 
 to be allowed which shall call in question any ruling of the court 
 pertaining to or connected with the impaneling of a jury, other 
 than one improperly restricting the right of the defendant to 
 examine the jurors as to bias or prejudice, or improperly over- 
 ruling a challenge by the defendant of a juror for bias or preju- 
 dice. (Section 31.) 
 
 Ninth. The decisions of the municipal court with respect to 
 questions of practice can only be reviewed by the supreme court 
 or appellate court where, in the opinion of the supreme court or 
 appellate court, such review is necessary to prevent a failure of 
 justice. This provision is emphasized by being inserted not only 
 in section 19, but also in section 22. It is far reaching in its 
 consequences, much more so than it appears to be at first blush. 
 Its efiPect is to eliminate, unless a failure of justice would neces- 
 sarily follow therefrom, all questions excepting those which bear 
 upon the substantive rights of the parties. "The mode and
 
 APPELLATE PROCEDURE. 239 
 
 order of procedure in obtaining compensation for an injury by 
 action or suit in the legallj^ established courts from the incep- 
 tion of such suit, until it ends in the final determination of the 
 court of last resort, is all comprehended in the term ' practice. ' ' ' 
 Fleischman v. Walker, 91 111. 318. Bouvier defines practice to 
 be "the form, manner and order of conducting and carrying on 
 suits or prosecutions in the courts through their various stages, 
 according to the principles of law and the rules laid down by 
 the respective courts." The only matters, then, which are abso- 
 lutely and unconditionally subject to review by the supreme 
 court or the appellate court upon appeal or writ of error in 
 cases of the first, second and third classes, are the following : 
 
 1. A ruling denying the right of trial by jury guaranteed by 
 section 5 of the Bill of Rights. 
 
 2. A ruling improperly restricting the right of a defendant 
 to examine jurors as to bias or prejudice, or improperly over- 
 iniling a challenge by the defendant of a juror for bias or preju- 
 dice. (Section 31.) 
 
 3. A ruling excluding competent evidence. 
 
 4. A ruling admitting incompetent evidence. 
 
 5. The giving of improper instructions to the jury as to the 
 law of the case. 
 
 6. The refusal to give to the jury proper instructions as to 
 the law of the case. 
 
 7. A finding by the court contrary to the law and the evi- 
 dence in a case tried without a jury. 
 
 8. A verdict of a jury contrary to the law and the evidence. 
 
 9. The entry of a judgment not warranted by the finding or 
 verdict, nor by the pleadings. 
 
 10. Any other ruling by which a plaintiff is denied a recov- 
 ery, in whole or in part, for that to which, under the law and the 
 evidence, he appears to be entitled, or by Avhich a judgment is 
 rendered against a defendant which, in whole or in part, is not 
 justified by the law and the evidence. 
 
 It is believed that the foregoing include all the rulings of the 
 municipal court in cases of the first, second and third classes as 
 to which there is an unlimited and unrestricted right of review 
 in the supreme court or appellate court, and that all other rul- 
 ings fall within those pertaining to ' ' the form, manner and order 
 of conducting and carrying on suits or prosecutions in the courts,
 
 240 PRACTICE IN THE MUNICIPAL COURT. 
 
 through their various stages, according to the principles of law 
 and the rules laid down by the respective courts." 
 
 It would be impracticable to enumerate all of the rulings 
 which fall within the category of rulings as to matters of prac- 
 tice. Only a few of them will be here enumerated. Among such 
 rulings are the following : 
 
 1. E-ulings as to the right to open and close the argument to 
 a jury. 
 
 2. Rulings in the impaneling of the jury other than those 
 relating to bias or prejudice. 
 
 3. Rulings permitting questions upon cross-examination 
 which are strictly proper only on direct examination. 
 
 4. Rulings as to remarks of the trial judge during the prog- 
 ress of a trial by jury, 
 
 5. Rulings as to the arg-uments of counsel. 
 
 6. Rulings restricting the right of cross-examination. 
 
 7. Rulings limiting the arguments to the jury. 
 
 8. Rulings as to the proper method of serving process. 
 
 The above will serve as illustrations of the rulings which the 
 parties litigant will not have the unrestricted right to have re- 
 viewed upon appeal or writ of error by the supreme court or 
 appellate court. There are many others which will occur to the 
 active practitioner. It is, however, wisely provided by the act 
 that the municipal court wall not be wholly unrestrained with 
 respect to its decisions upon matters of practice. Whenever the 
 supreme court or appellate court can say that an erroneous rul- 
 ing upon a question of practice has produced injustice, the re- 
 viewing court can grant the injured party relief. 
 
 This will seem a radical departure from existing methods of 
 procedure to those who look with favor upon a system which 
 recognizes a long list of "reversible" or "prejudicial" errors, 
 which are allowed to work the reversal of judgments, not be- 
 cause they have produced injustice or accomplished an unjust 
 result, but because technically they might have done so. But to 
 the vast majority of the profession it is apparent that no reform 
 in our method of procedure has been more urgently needed than 
 one which requires reviewing courts to look to the very right 
 and justice of the case, and not concern themselves with results 
 which might possibly have been reached had there been a slight 
 variation in the procedure of the trial court.
 
 CHAPTER n. 
 
 APPELLATE PROCEDURE IN CASES OF THE FOURTH 
 AND FIFTH CLASSES. 
 
 These cases are those included within divisions fourth and 
 fifth of section 2. They are all civil and quasi criminal cases, 
 when the amount sought to be recovered in money or personal 
 property does not exceed $1,000, and actions of forcible detainer. 
 The appellate procedure in these two classes of eases differs from 
 that in cases of appeals from or writs of error to circuit courts 
 in the following particulars: 
 
 First. The final orders and judgments of the municipal court 
 in cases of the fourth and fifth classes are to be reviewed by 
 writ of error only. (Section 23.) 
 
 Second. In cases relating to the revenue, or in which the 
 state is interested as a party or otherwise, the writ of error is 
 to be sued out of the appellate court instead of out of the 
 supreme court. (Section 23.) 
 
 Third. Any party against whom there has been rendered any 
 final order or judgment of the municipal court, and who shall 
 desire to obtain a review of such final order or judgment by 
 writ of error, may obtain from the municipal court a stay of 
 execution upon such order or judgment for ninety days after the 
 entry thereof by the giving of a bond with sufficient surety or 
 sureties to be approved by a judge of the municipal court, con- 
 ditioned for the performance by such party of, or his compli- 
 ance with, such order or judgment, or his payment of the money 
 thereby required to be paid, and all costs which may be awarded 
 the opposite party in the supreme court or the appellate court, 
 as the case may be, in case a writ of error to review such order 
 or judgment shall not be sued out within thirty days after the 
 date thereof, or in case, upon the suing out and prosecution of 
 such writ of error, the order or judgment shall be affirmed by 
 the supreme court or appellate court, as the case may be. No 
 other or further stay of proceedings or execution in any such 
 If. 241
 
 2-12 PIIACTICE IN THE MUNICIPAL COL'HT. 
 
 case shall Ijc allowed by the municipal court, but the supreme 
 court or the appellate court, or any judge thereof, may allow a 
 supersedeas as in other cases, but upon the allowance of any 
 supersedeas when any bond has been given as above provided, 
 no additional bond shall be required and sueh supersedeas shall 
 be operative until the final determination of such writ of eiTor. 
 (Section 23.) 
 
 Fourth. If, upon an application to the supreme court or 
 appellate court or to any judge thereof for a supersedeas, the 
 same shall be denied, such order or judgment shall stand 
 affirmed and no further proceedings shall be had in said supreme 
 court or appellate court with respect thereto, unless the supreme 
 court or appellate court, or the judge denying such supersedeas, 
 shall otherwise order. (Section 23.) 
 
 Fifth. The party in whose favor any final order or judg- 
 ment shall be entered shall be entitled to sue out a writ of error 
 from the supreme court or the appellate court, as the case may 
 be, by depositing with the clerk of the court from which said 
 writ of error is sued out the sum of $20 as security to the oppo- 
 site party for such costs as may be awarded such opposite party 
 by the supreme court or the appellate court, as the case may be, 
 upon the final determination of such writ of error. (Sec- 
 tion 23.) 
 
 Sixth. The party suing out any writ of error shall not be 
 required to serve upon the opposite party any scire facias to 
 hear errors, but in lieu thereof shall, within five days after the 
 issuance of the writ of error, file the same with the clerk of 
 said municipal court and make to the supreme court or the 
 appellate court, as the case may be, proof of sueh filing, and 
 such writ of error so filed shall be notice to the opposite party 
 of the suing out and prosecution of such writ of error. (Sec- 
 tion 23.) 
 
 Seventh. No bill of exceptions is required. In lieu thereof 
 the judge, at the request of either party, will sign a correct state- 
 ment of the facts appearing upon the trial and of all questions 
 of law involved and the decisions of the court upon the ques- 
 tions of law, or a correct stenographic report of the proceed- 
 ings at the trial, the original of which, together with a certified 
 transcript of the judgment, is to be certified to the supreme 
 court or the appellate court, as the case may be, as the record to
 
 APPELLATE PKOCEDUKE. 243 
 
 be considered upon the review of such order or judgment by 
 writ of error. (Section 23.) 
 
 Eighth. No exceptions to the rulings and decisions of the 
 municipal court upon the trial are necessary to the right of 
 either party to a review of such rulings in the supreme court or 
 appellate court upon their merits, but it will be the duty of the 
 supreme court or the appellate court, as the case may be, to 
 decide such case upon its merits as they may appear from such 
 statement or stenographic report signed by the judge. (Sec- 
 tion 23.) 
 
 Ninth. No order or judgment is to be reversed unless the 
 supreme court or the appellate court shall be satisfied from said 
 statement or stenographic report signed by the judge that such 
 order or judgment is contrary to the law and the evidence, or 
 that such order or judgment resulted from substantial errors of 
 said municipal court directly affecting the matters at issue be- 
 tween the parties, in which last mentioned case the supreme 
 court or appellate court, as the case may be, may enter such 
 order or judgment as, in its opinion, the municipal court ought 
 to have entered, or it may reverse the said order or judgment 
 and remand the case to the municipal court for further pro- 
 ceedings. (Section 23.) 
 
 Tenth. Decisions on questions of practice cannot be called in 
 question in the supreme court or appellate courts excepting 
 where that course may be necessary to prevent a failure of jus- 
 tice. (Section 23.) 
 
 Eleventh. Exceptions to the decisions of the municipal court 
 are unnecessary to the right of either party to have the rulings 
 of the municipal court reviewed. (Section 23.) 
 
 Twelfth. The supreme court and appellate courts, in cases 
 brought to them from the municipal court by appeal or writ of 
 error, will take judicial notice of the rules of practice from time 
 to time in force in the municipal court (section 20), and also of 
 all general ordinances of the city of Chicago and all general 
 ordinances of every municipal corporation situated in whole or 
 in part within the limits of the city of Chicago and of all laws 
 of a public nature enacted by any state or territory of the 
 United States. (Section 54.) 
 
 It is believed that these provisions are so plain that the prac- 
 titioner will have no difficulty with respect to the appellate 
 procedure in cases of the fourth and fifth classes.
 
 PART IV. THE PRACTICE IN CRIMINAL 
 
 CASES. 
 
 CHAPTER I. 
 
 THE PRACTICE IN CRIMINAL CASES IN GENERAL. 
 
 Criminal cases are either of the second class or of the third 
 class. In cases of the second class are included all criminal 
 cases which may be transferred to the municipal court, by 
 change of venue or otherwise, bj' the criminal court of Cook 
 county for trial and disposition. Section 24 provides that "the 
 criminal court of Cook county may, in its discretion, upon the 
 request of the state's attorney or of any defendant, transfer to 
 the municipal court for trial and disposition any case therein 
 pending-, and shall have power to make all orders which it may 
 deem necessary to aocomplish such transfer and secure the 
 attendance of the parties and witnesses upon said municipal 
 court until the final disposition of the case, and said municipal 
 court, when any criminal case shall have been so transferred to 
 it, shall exercise all the powers, with respect to the trial and dis- 
 position of said case, which the said criminal court of Cook 
 county might have exercised had said case not been so trans- 
 ferred. All judgments of conviction in criminal cases in said 
 municipal court, where the punishment inflicted is death or im- 
 prisonment, shall be carried into execution in the same manner 
 as is provided by law for similar cases in said criminal court of 
 Cook county." 
 
 Section 24 also declares that "in all eases transferred as afore- 
 said to said municipal court, the practice in respect to the trial 
 and disposition thereof shall be the same as that prevailing in 
 the respective courts from which the same have been trans- 
 ferred unless the parties shall consent that the trial and dispo- 
 sition thereof shall be governed by the rules of practice prevail- 
 ing in said municipal court in cases commenced therein." The 
 construction of this provision is involved in some doubt. The 
 
 244
 
 PRACTICE IN CRIMIN.VL CASES. 245 
 
 view of the author is that, when talcen in connection with the 
 other provisions of the act, it is intended to make inapplicable 
 to cases thus transferred all provisions of the Municipal Court 
 Act which by their terms are expressly declared to be applicable 
 only to cases commenced in the municipal court, to-wit, cases of 
 the first, third, fourth and fifth classes, and to leave applicable 
 the provisions of sections 31, 32, 33, 34, 35, 36 and 37. The 
 author's views of this question are expressed fully in Chapter 
 II, Part II, ante. 
 
 In cases of the third class are included all criminal cases in 
 which the punishment is by fine or imprisonment otherwise than 
 in the penitentiary and which are commenced in the municipal 
 court. These cases are enumerated and the statutory provisions 
 concerning them are set forth in the succeeding chapter. 
 
 Assuming the author is right in his interpretation of section 
 24, the method of procedure in all criminal cases in the munic- 
 ipal court will be the same as in similar cases in the criminal 
 court of Cook county, with the following exceptions : 
 
 First. All cases of the third class will be prosecuted by in- 
 formation of the attorney general or state's attorney or some 
 other person, excepting that in cases in which the punishment is 
 by fine only, not exceeding five hundred dollars ($500), the 
 prosecution may be by complaint. An information presented by 
 the attornej^ general or state's attorney should, ordinarily, be 
 verified or accompanied by the affidavit of some person cogni- 
 zant of the facts, setting forth that the facts contained in it are 
 true of his own knowledge or as he is informed and believes. 
 This is not expressly required by the statute, but it is believed 
 it will be found more satisfactory to require, unless in very 
 exceptional cases, that such an affidavit accompany the informa- 
 tion proposed to be filed. When the information is filed by 
 some other person than the attorney general or state's attorney, 
 it must be verified by the affidavit of such person that the same 
 is true or that the same is true as he is informed and believes. 
 In either ease the judge to whom the information is presented 
 should satisfy himself that there is probable cause for filing the 
 information before permitting it to be filed. (Section 27.) 
 
 Second. Any person committed for a criminal or supposed 
 criminal offence, and not admitted to bail and not tried within 
 four months after the date of arrest, is to be set at liberty by
 
 246 PRACTICE IN THE MUNICIPAL COURT. 
 
 the court, unless the delay happen ou the application of the pris- 
 oner, or unless the court is satisfied that due exei-tion has been 
 made to procure the evidence on the part of the people aud that 
 there is reasonable ground to believe that such evidence may be 
 procured withiu the next sixty days, in which case the court may 
 continue the case for such time as the court may deem necessary, 
 not exceeding said sixty days. If the person be not tried within 
 said sixty days no further continuance is to be granted aud he 
 is to be set at liberty by the court. (Section 27.) 
 
 Third. A trial by jury in a case of the third class is to be 
 deemed waived unless the defendant expressly demands such 
 trial. (Section 30.) Nevertheless, it will probably- be the safer 
 practice to try all criminal cases by jury, unless the defendant 
 executes a formal waiver in w^riting as provided by the act enti- 
 tled "xVn act to provide a trial by jury in all cases where a judg- 
 ment may be satisfied by imprisonment," approved June 17, 
 1893. (Laws of 1893, p. 96, Hurd's R. S. of 1905, paragraph 
 102, p. 1546.) 
 
 Fourth. All judgments and orders become final after the 
 lapse of thirty days from the entry thereof. During such thirty 
 days they are subject to be vacated, set aside or modified in the 
 same manner and to the same extent as judgments, decrees or 
 orders of a circuit court during the term at which the same 
 were rendered. (Section 21.) 
 
 Fifth. In trials by jury the judge presiding at the trial is 
 required to examine, or cause to be examined, all jurors called 
 into the jury box with respect to their statutory qualifications 
 and to permit the parties to propound to the jurore such perti- 
 nent questions as may be necessary for the purpose of ascertain- 
 ing whether the jurors are biased or prejudiced. The only rul- 
 ings of the court with respect to the impaneling of the jury 
 which may be reviewed upon appeal or writ of error, are those 
 which are claimed to have restricted the right of the defendant 
 to examine the jurors as to bias or prejudice, or by which a chal- 
 lenge by the defendant of a juror for bias or prejudice has been 
 improperlj- overruled. (Section 31.) 
 
 Sixth. Orders in pending cases may be made by any judge 
 at any place within the city of Chicago upon the application of 
 either party and upon reasonable notice to the opposite party, 
 whenever, in the opinion of the judge, the granting of the order
 
 PRACTICE IN CRIMINAL CASES. 247 
 
 at such place is in furtherance of justice. Orders thus made 
 are to be as effective as if made in any court room or in the 
 chambers of the judge. (Section 35.) 
 
 Seventh. The charge to the jury in cases tried by jury may, 
 in the discretion of the court, be given orally and, when so given, 
 it is to be taken down in shorthand and at the request of either 
 party a transcript thereof is to be made and filed in the cause 
 in which the charge is given and made a part of the record 
 thereof. When an oral charge is given exceptions thereto will be 
 required to be taken before the jury retire, in order that errone- 
 ous statements of the judge as to the law, which are the result 
 of inadvertance, may be then and there corrected. The parties 
 will, of course, be pennitted to present to the judge, either orally 
 or in writing, requests to charge which will be duly considered 
 and passed upon by him, and exceptions may be taken to refusals 
 to charge as requested. (Section 37.) 
 
 Eighth. The provisions for changes of venue for causes 
 other than the prejudice of the judges made applicable in the 
 circuit courts will all be applicable in the municipal court, ex- 
 cepting those which make a distinction between applications at 
 the first term of court and those made at subsequent terms. 
 There being no terms in the municipal court every application 
 for a change of venue should, and doubtless will, be treated as 
 though it were one made at the first term in a circuit court. 
 When the cause is prejudice of the judge, a change of venue will 
 not be allowed in any case punishable by fine or imprisonment 
 otherwise than in the penitentiary, when the applicant names in 
 his application more than one judge from whom the change of 
 venue is desired, nor unless the petition is filed at or before the 
 time the defendant is required to plead. (Section 39.) 
 
 Ninth. Upon the hearing of any interlocutory or other motion 
 or application, other than one for a change of venue, the court 
 may, in its discretion, require the evidence to be presented by 
 the oral examination of witnesses in open court or otherwise and 
 may make all necessary orders for such oral examination. (Sec- 
 tion 34.) 
 
 Tenth. Bills of exceptions will not be defective if signed by 
 the judge although he may omit to affix his seal thereto. (Sec- 
 tion 38.) 
 
 Eleventh. Any erroneous ruling made by the municipal court
 
 248 PRACTICE IN THE MUNICIPAL COURT. 
 
 against the objection of the party complaining thereof, although 
 not formally excepted to, will be subject to review upon appeal 
 or writ of error to the same extent and in like manner as if it 
 appeared that a formal exception had been taken. (Section 38.) 
 
 Twelfth. Upon the prosecution of a writ of error the original 
 bill of exceptions in lieu of a certified copy thereof will be in- 
 serted in the transcript, unless the municipal court otherwise 
 directs, and upon the final determination of the writ of error 
 the original bill of exceptions will be remitted to the municipal 
 court. (Section 38.) 
 
 Thirteenth. No assignment of error in the supreme court or 
 in the appellate court is to be allowed which shall call in ques- 
 tion the decision of the municipal court in respect to any matter 
 pertaining to the practice in said court, but the supreme court 
 or the appellate court may grant relief from any error of the 
 municipal court in respect to a matter of practice therein in any 
 case where, in the opinion of the supreme court or appellate 
 court, such relief is necessary to prevent a failure of justice. 
 (Section 22.) 
 
 Fourteenth. If, in any case, the method of procedure in vogue 
 in the circuit court is, in the opinion of the judges of the munic- 
 ipal court, not applicable and no special provision is made there- 
 for in the Municipal Court Act, the court, may, in conducting 
 and disposing of the same, adopt such method as may appear to 
 be proper for the just determination of the rights of the par- 
 ties. (Section 51.) 
 
 Fifteenth. The court will take judicial notice, first, of all gen- 
 eral ordinances of the city of Chicago and of all general ordi- 
 nances of every municipal corporation situated in whole or in 
 part within the limits of the city of Chicago, and, second, of all 
 laws of a public nature enacted by any state or territory of the 
 United States. (Section 54.) 
 
 Sixteenth. The records in all such cases will be kept in an 
 abbreviated form. (Section 62.) 
 
 Seventeenth. Judgments in cases of the second class will be 
 liens upon real estate only within the city limits, but may be 
 made liens upon real estate in Cook county outside of the eity 
 limits by the filing of certified transcripts in the office of the 
 recorder of Cook county. Judgments in cases of the third class 
 Mill only 1)1' lions upon real estate from the time of the filing of
 
 PRACTICE IN CRIMINAL CASES. 249 
 
 transcripts thereof in the office of the recorder of Cook county. 
 When transcripts are so filed the judgments will be liens upon 
 all real estate of the judgment debtors in Cook county. Execu- 
 tions to be served and levied within the city limits will be 
 directed to the bailiff, but if to be served in Cook county outside 
 of the city limits they will be directed to the sheriff of Cook 
 county and, if they are to be served and levied in some other 
 county than Cook, they will be directed to the sheriff of such 
 county. 
 
 Eighteenth. All writs in criminal cases which, in the circuit 
 courts, are made returnable on the first day of a term of court 
 succeeding their issuance, will be made returnable on such dates 
 as may be fixed therefor by the court.
 
 CHAPTER II. 
 
 STATUTORY MISDEMEANORS AND FORMS OF INFOR- 
 MATIONS AND COMPLAINTS. 
 
 As the jurisdiction of the municipal court in cases punishable 
 by death or confinement in the penitentiary is only of such 
 cases as may be transferred from the criminal court of Cook 
 county and transfers will only be made after indictments have 
 been found, it will be sufficient in this work to point out the 
 statutory provisions pertaining to cases punishable by fine or 
 imprisonment otherwise than in the penitentiary, and to furnish 
 forms of informations and complaints to fit those cases which 
 are most likely to be brought in the municipal court in consider- 
 able numbers, and the informations and complaints in which will, 
 as a rule, be prepared in the various police stations by officers of 
 the court detailed for that purpose. 
 
 The statutory provisions relating to misdemeanors are to be 
 found in numerous statutes passed from time to time touching 
 a great variety of subjects. To collect them has been a work 
 of great difficulty and the author is not sure but that many 
 errors will be found in this portion of his work. It has seemed 
 to the author best to arrange the otfences under appropriate 
 heads in alphabetical order, and to state the statutory provisions 
 and give forms of information suitable to each class of cases. 
 The forms of informations and complaints given below are as ac- 
 curate as it has been practicable to make them in the limited 
 time which the author has been able to devote to the work. 
 Doubtless many errors will be found, but inasmuch as informa- 
 tions and complaints are amendable, those errors will not seri- 
 ously interfere with the trial of criminal cases on their merits. 
 
 250
 
 STATUTORY MISDEMEANORS. 
 
 251 
 
 GENERAL FORMS OF INFORMATION. 
 
 NO. 1. BY THE state's ATTORNEY. 
 
 State of Illinois, ] 
 
 City of Chicago, V ss. In the Municipal Court 
 
 District. ) of Chicago. 
 
 John J. Healy, State's Attorney in and for the county of 
 Cook in the state aforesaid, in his own proper person comes now 
 here into court and, in the name and by the authority of the 
 People of the State of Illinois, gives the court to be informed 
 and understand that (here insert name of defendant) late of 
 
 the said City of Chicago, heretofore, to-wit, on the day 
 
 of , A. D. 19 .... , at the city of Chicago 
 
 aforesaid (here insert the words descriptive of the offense), 
 contrary to the form of the statute in such case made and pro- 
 vided and against the peace and dignity of the People of the 
 State of Illinois. 
 
 State's Attorney in and for the county 
 of Cook in the State of Illinois. 
 
 State of Illinois, i 
 City of Chicago, r ^S. 
 
 District. ) 
 
 (Here insert name of complaining witness), 
 
 being first duly sworn on his oath deposes and says 
 
 that he is a resident of the city of Chicago ; that he has read the 
 
 foregoing information and knows the contents thereof and that 
 
 the same is true. 
 
 Subscribed and sworn to before me 
 
 this day of 
 
 A. D. 19 * 
 
 Clerk of the Municipal Court of Chicago.
 
 252 PRACTICE IN THE MUNICIPAL COURT. 
 
 No. 2. BY PERSONS OTHER THAN THE STATE 's ATTORNEY OR 
 ATTORNEY GENERAL. 
 
 State of Illinois, "j 
 
 City of Chicago, > ss. In the Municipal Court 
 
 District. ) of Chicago. 
 
 (Here insert name of complaining witness) a resident of the 
 city of Chicago in the state aforesaid in his own proper person 
 comes now here into court and, in the name and by the authority 
 of the People of the State of Illinois, gives the court to be in- 
 formed and understand that (here insert name of defendant) 
 
 late of the said city of Chicago, heretofore, to-wit, on the 
 
 day of , A. D. 19 .... at the city of Chicago 
 
 aforesaid (here insert the words descriptive of the offence), con- 
 trary to the form of the statute in such case made and provided 
 and against the peace and dignity of the People of the State of 
 Illinois. 
 
 State of Illinois, \ 
 City of Chicago, > ss. 
 
 District. ) 
 
 (Here insert name of complaining witness) being first duly 
 sworn, on his oath deposes and says that he is a resident of the 
 city of Chicago ; that he has read the foregoing information by 
 him subscribed and that the same is true. 
 
 Subscribed and sworn to before me 
 
 this day of 
 
 A. D. 19 
 
 Clerk of the Municipal Court of Chicago. 
 
 GENERAL FORM OF COMPLAINT. 
 
 State of Illinois, ) 
 
 City of Chicago, V ss. In the Municipal Court 
 
 District. ) of Chicago. 
 
 (Here insert name of complaining witness), who prosecutes in 
 this behalf in the name and by the authority of the People of 
 the State of Illinois, being first duly sworn, on his oath says that 
 (here insert name of defendant) late of the said city of Chicago,
 
 STATUTORY MISDEMEANORS. 253 
 
 heretofore, to- wit, on the day of , 
 
 A. D. 19. . . ,, at the city of Chicago aforesaid, (here insert the 
 words descriptive of the offence) contrary to the form of the 
 statute in such case made and provided and against the peace 
 and dignity of the People of the State of Illinois. 
 
 Subscribed and sworn to before me 
 
 this day of 
 
 A. D. 19 
 
 Clerk of the Municipal Court of Chicago. 
 
 The following are the statutory provisons now in force in this 
 state relating to misdemeanors which are within the direct juris- 
 diction of the municipal court. With some exceptions, they 
 are followed by the words descriptive of the offences, which 
 are to be inserted in the forms of information or complaint given 
 above. The forms omitted are those which will rarely, if ever, be 
 needed in the municipal court, or are of such a character that 
 they should be drawn under the direction of the state 's attorney. 
 
 ABANDONMENT. 
 
 The statutory provisions now in force on this subject are con- 
 tained in the following act: 
 
 An Act making it a misdemeanor to abandon or wilfully neg- 
 lect to provide for the support and maintenance, by any person, 
 of his wife, or of his or her minor children, in destitute or necessi- 
 tous circumstances. Approved May 13, 1903. In force July 1, 
 1903. Laws of 1903, p. 155. 
 
 The penal provisions of this act are contained in paragraph 24, 
 p. 1149, Kurd's R. S. of 1905, Chapter 68. 
 
 FORMS OF INFORMATION. 
 (1.) 
 
 was then and there the husband of one , and 
 
 said was then and there the wife of 
 
 said ; and the said did 
 
 then and there, without good cause, abandon and neglect to 
 maintain and provide for said ,
 
 254 PRACTICE IN THE MUKICII'AI. COURT. 
 
 (2.) 
 
 was the father (or "mother") of one and 
 
 said was then and there the son (or 
 
 "daughter") of said , and was then and there 
 
 a minor child under the age of twelve years, and of about 
 
 the a^e of years ; and said 
 
 was then and there in destitute and necessitous circumstances, 
 
 and the said did then and there 
 
 abandon the said , and did then 
 
 and there wilfully neglect and refuse to maintain and provide 
 for said , 
 
 ABDUCTION. 
 
 The statutory pro\isions on this subject are contained in the 
 following act: 
 
 An Act to revise the law in relation to criminal jurisprudence. 
 Approved March 27, 1874. In force July 1, 1874. R. S. 1874, 
 p. 352. 
 
 The penal provision in question is found in paragi-aph 2 p. 
 665, Kurd's R. S. of 1905, Chapter 38. 
 
 FORMS OP INFORMATION. 
 
 (1.) 
 
 one who was then and there a child un- 
 der the age of twelve years, and of about the age of 
 
 years, did then and there unlawfully take and decoy away 
 with the intent then and there to detain and conceal the 
 
 said from 
 
 who was (or "were") then and there the parent (or "parents") 
 
 of the said and who then and there 
 
 had the lawful charge of said , 
 
 (2.) 
 
 one who was then and there a 
 
 child under the age of twelve years, and of about the age of 
 
 years, did then and there unlawfully take and 
 
 decoy away with the intent then and there to detain and 
 
 conceal the said from one 
 
 who was then and there the guardian of the said 
 
 and who then and there had the lawful charge of the said
 
 STATUTORY MISDEMEANORS. 2oO 
 
 (3.) 
 
 one who was then and there a child 
 
 under the age of twelve years, and of about the age of 
 
 .years, did then and there unlawfully take and 
 
 decoy away, with intent then and there to conceal said 
 
 from one 
 
 who was then and there a person having the lawful charge of 
 »aid , 
 
 ABORTIFACIENT DRUGS. 
 
 The statutory provisions on this subject are contained in the 
 following act: 
 
 An Act to revise the law in relation to criminal jurisprudence. 
 Approved March 27, 1874. In force July 1, 1874. R. S. 1874, 
 pp. 352, 353. 
 
 The penal provisions in question are found in paragraphs 4, 
 5 and 6, pp. 665-6, Hurd's R. S. of 1905, chapter 38. 
 
 FORMS OF INFORMATION. 
 (1.) 
 
 did then and there, without the written prescription of some 
 well known and respectable practicing physician, sell to one 
 a certain drug (or "medi- 
 cine") which was then and there known as (here insert the 
 name of the drug or medicine), and was then and there known 
 and presumed to be ecbolic, 
 
 (2.) 
 
 did then and there without the written prescription of some well 
 
 known and respectable practicing physician, sell to one 
 
 a certain drug (or "medicine") which was 
 
 then and there known as (here insert the name of drug or medi- 
 cine) and was then and there known and presumed to be aborti- 
 facient, 
 
 (3.) 
 
 did then and there keep on hand (or, "advertise and expose for 
 sale," or "sell") certain (here insert "pills," "powders," 
 "drugs," or "combination of drugs") which said
 
 256 PRACTICE IN THE MUNICIPAL COURT. 
 
 had theretoforo been designed especially for the use of 
 
 females, without keepiuti' a certificate signed and verified by the 
 affidavit of each one of five well known and respectable practic- 
 ing physicians in the County of Cook, in the State aforesaid, that 
 the said was not abortif aeient, 
 
 (4.) 
 did then and there (here insert, "advertise," or "print," or 
 "publish," or "distribute," or "circulate," or "cause to be ad- 
 vertised, " or " cause to be printed, " or " cause to be published, ' ' 
 or "cause to be distributed," or "cause to be circulated") a cer- 
 tain (here insert, "pamphlet," or "printed paper," or "book," 
 or "newspaper," or "notice," or "advertisement," or "refer- 
 ence") which said. then and there con- 
 tained words and language giving and conveying (here insert, 
 
 "notice" or "hint" or "reference") to one 
 
 (here insert the name of a person,) (or "to a certain name, to- 
 wit : ") from whom (or "to a cer- 
 tain place, to-wit: where" or "to a certain house, 
 
 to-wit : where " or "to a certain shop, to- 
 wit: where" or "to a certain office, 
 
 to-wit : where") a certain (here insert 
 
 "poison," or "drug," or "mixture," or "preparation," or 
 "medicine," or "noxious thing," or "a certain instrument," or 
 "a certain means," or "certain advice," or "certain informa- 
 tion," or "certain direction," or "certain knowledge") might 
 be obtained for the purpose of causing or procuring a miscar- 
 riage of any woman pregnant with child, 
 
 ADULTERATION. 
 
 The statutory provisions on this subject are contained in the 
 following acts : 
 
 An act to revise the law in relation to criminal jurisprudence. 
 Approved March 27, 1874. In force July 1, 1874. R. S. 1874, pp. 
 352, 353. 
 
 The penal provisions in question in this act are found in para- 
 graplis 7 and 8 on p. 6G6, and paragraph 10 on p. 669, Hurd's 
 R. S. of 1905, chapter 38.
 
 STATUTORY MISDEMEANORS. 257 
 
 if 
 
 FORMS OF INFORMATION. 
 1. ADULTERATION OF POOD, CANDY OR CONFECTION. PAGE 667. PAR. 7. 
 
 (1.) 
 
 did then and there, for the purpose of sale, fraudulently adulter- 
 ate certain (here insert "bread" or whatever the article adulter- 
 ated may be) which said was then 
 
 and there (here insert, "a substance intended for food," or 
 "candy," or "confection") with a certain substance known as 
 (here insert the name of the deleterious article) which was then 
 and there (here insert, "poisonous," or "injurious to health"), 
 
 ' (2.) 
 did then and there, (here insert, "sell," or "offer for sale," or 
 "keep for sale") certain adulterated (here insert, "bread," or 
 some other substance intended for food, or "candy," or "con- 
 fection") which said adulterated (here insert, "bread," or some 
 other substance intended for food, or "candy," or "con- 
 fection") was then and there intended for food, he, the said 
 
 then and there knowing the same 
 
 to be so adulterated, 
 
 (3.) 
 did then and there (here insert, "sell," or "offer to sell," or 
 "keep for sale"), (here insert "certain flesh of a diseased ani- 
 mal, to-wit, ," or "certain cor- 
 rupt and unwholesome provisions, to-wit, "), 
 
 2. ADULTERATION OF LIQUOR. PAGE 666. PAR. 8. 
 
 (1.) 
 
 did then and there adulterate for the purpose of sale, a certain 
 
 liquor known as which said 
 
 was then and there (here insert, "used" or "intended") for 
 drink, with (here insert, "cocculusindieus," or "vitriol," or 
 •'grains of paradise," or "opium," or "alum," or "capsicum," 
 or "copperas," or "laurel water," or "logwood," or "Brazil 
 wood," or "cochineal," or "sugar of lead," or "a certain sub- 
 stance to-wit: ") which said (here insert "cocculu- 
 sindieus," or "vitriol," or "grains of paradise," or "opium," 
 17
 
 258 PRACTICE IN THE MUNICIPAL COURT. 
 
 or ''alum," or "capsicum," or "copperavS," or "laut-el water," 
 or "logAvood, " or "Brazil wood," or "cochineal," or "sugar of 
 
 lead," or "said "), was then and there 
 
 poisonous and injurious to health, 
 
 (2.) 
 did then and there (here insert, "sell," or "offer for sale," or 
 "keep for sale") certain (here insert the name of any liquor 
 iLsed or intended for drink) used and intended for drink, which 
 
 said had theretofore been adulterated with 
 
 (here insert " eocculusindicus, " or "vitriol," or "grains of para- 
 dise," or "opium," or "alum," or "capsicum," or "copperas," 
 or "laurel water," or "logwood," or "Brazil wood," or "cochi- 
 neal," or "sugar of lead/' or, "a certain other substance, to- 
 wit "), 
 
 3. ADULTERATION OF MEDICINE. PAGE 669. PAR. 10. 
 
 (1.) 
 
 did then and there fraudulently adulterate for the purpose of 
 sale a certain (here insert "drug" or "medicine") to-wit: 
 
 did then and there (here insert "sell" or "offer for sale" or 
 "keep for sale") a certain fraudulently adulterated (here insert 
 
 "drug" or "medicine") he, the said 
 
 then and there knowing said (here insert "drug" or "medi- 
 cine") to be adulterated. 
 
 An act to regulate the sale of milk and to provide penalties for 
 the adulteration thereof. Approved May 29, 1873. In force July 
 1, 1879. Laws of 1879, p. 111. 
 
 The penal provisions in question of this act are found in para- 
 graphs 9, 9a, 9b, 9c, 9d and 9e on pp. 666-7, Kurd's R. S. of 1905, 
 chapter 38. 
 
 FORMS OF INFORMATION OR COMPLAINT. 
 1. ADULTERATION OF MILK. PAGE 666. PAR. 9. 
 
 (1.) 
 
 did then and there, for the purpose of selling the same for human 
 food, adulterate certain milk with (here insert, "water" or any 
 other foreign substance, mentioning the substance by name), 
 
 I
 
 STATUTORY MISDEMEANORS. 259 
 
 (2.) 
 did then and there knowingly sell for human food, to one 
 
 , certain milk from which cream 
 
 had been taken without the said 
 
 having theretofore been informed thereof, and without the said 
 
 then and there knowing that the 
 
 cream had been taken from said milk, 
 
 (3.) 
 did then and there knowingly sell for human food, to one 
 , certain milk from which strip- 
 pings had been witliheld without the said 
 
 having theretofore been informed that said 
 
 strippings had been withheld from said milk, and without the 
 
 said then and there knowing the fact 
 
 that said strippings had been withheld from said milk, 
 
 (4.) 
 
 did then and there knowingly sell for human food to one 
 
 certain milk drawn from a diseased 
 
 cow, he, the said , then and 
 
 there knowing the said cow from which said milk had thereto- 
 fore been drawn to be so diseased as to render her milk unwhole- 
 some, 
 
 (5.) 
 did then and there knowingly sell, for human food, to one 
 
 , certain milk so tainted and 
 
 corrupted as to be unwholesome, 
 
 (6.) 
 did then and there knowingly (here insert, "supply," or "bring 
 to be manufactured into a certain substance for human food") 
 to a certain (here insert "cheese factory," or "butter factory," 
 or "creamery") which said (here insert, "cheese factory," "but- 
 ter factory," or "creamery") was then and there the property 
 of (here insert the name of the owner), certain milk (here in- 
 sert "which had theretofore been adulterated with [here insert 
 "water," or a certain foreign substance, naming it,] " or "from 
 which the cream had theretofore been taken," or "from which 
 strippings had been withheld," or "drawn from a diseased
 
 260 PRACTICE IN THE MUNICIPAL COURT. 
 
 COW, he, the said then aud there knowing 
 
 said cow to be so diseased as to injure her milk " or, "so tainted 
 or corrupt as to be unwholesome"), without all the persons in- 
 terested therein either knowing or being informed of the fact, 
 
 2. KEEPING DISEASED COWS, ETC. PAGE 666, PAR. 9a. 
 
 (1.) 
 
 did then and there adulterate certain milk with a view of offering 
 the same for sale, 
 
 (2.) 
 did then and there keep cows in an unhealthy condition, for the 
 production of milk for market, 
 
 (3.) 
 did then and there knowingly keep cows for the production of 
 milk for market, and did then and there knowingly feed the 
 same on food which then and there produced impure, diseased 
 and unwholesome milk, 
 
 3. FAILING TO MARK CANS, VEHICLES, ETC. PAGE 667. PAR. 9b. 
 
 (1.) 
 
 was then and there, in the City of Chicago and State of Illi- 
 nois, engaged in and carrying on a retail business in the sale, ex- 
 change of and retail traffic in milk, and did then and there have 
 certain cans in which milk was then and there carried and ex- 
 posed for sale, and the said did then and 
 
 there neglect to mark said cans with his, the said 
 
 's, name, nor was there then and there upon said cans 
 
 conspicuously marked the name of said , 
 
 (2.) 
 was then and there in the City of Chicago, in the State of Illi- 
 nois, engaged in and carrying on a retail business in the sale, ex- 
 change of and retail traffic in milk, and did then and there have 
 certain cans in which said milk was then and there carried and 
 
 exposed for sale, and the said then 
 
 and there neglected to conspicuously mark upon said cans the 
 locality from which said milk was obtained or produced, nor was 
 there then and there conspicuously marked upon said cans the 
 locality from which said milk was obtained or produced.
 
 STATUTORY MISDEMEANORS. 261 
 
 (3.) 
 was then and there in the City of Chicago, in the State of Illinois, 
 engaged in and carrying on a retail business in the sale, exchange 
 of and retail traffic in milk, and did then and there have a vehi- 
 cle from which said milk was then and there vended, and the 
 
 said did then and there neglect 
 
 to conspicuously mark upon the said vehicle the name of the 
 said , nor was there then and there con- 
 spicuously marked upon said vehicle the name of said 
 
 } 
 
 (4.) 
 was then and there in the City of Chicago, in the State of Illinois, 
 engaged in and carrying on a retail business in the sale, ex- 
 change of and retail traffic in milk, and did then and there have 
 a certain vehicle from which said milk was then and there 
 vended, and the said then and there neg- 
 lected to conspicuously mark upon said vehicle the locality from 
 which said milk was obtained or produced, nor was there then 
 and there conspicuously marked upon the said vehicle the locality 
 from which said milk was obtained or produced, 
 
 4. SELLING SKIMMED MILK. PAGE 667. PAR. 9c. 
 
 was then and there in the City of Chicago, in the State of Illinois, 
 engaged in and carrying on a retail business in the sale, ex- 
 change of and retail traffic in milk, and did then and there offer 
 for sale certain milk from which the cream had theretofore been 
 taken, without then and there having the cans in which said 
 milk was then and there carried, plainly and conspicuously 
 marked with the words "skimmed milk," 
 
 An act to prevent the adulteration of butter and cheese, or the 
 sale or disposal of the same, or the manufacture or sale of any 
 article as a substitute for butter or cheese, or any article to be 
 used as butter and cheese. Approved June 1, 1881. In force 
 July 1, 1881. Laws of 1881, p. 74. 
 
 The penal provisions in question of this act are found in para- 
 graph 9f on p. 667 of Kurd's R. S. of 1905, Chapter 38. Section 
 26 of the act entitled ''An Act to provide for the appointment of 
 a State Food Commissioner and to define his powers and duties 
 and fix his compensation and to prohibit and prevent adultera-
 
 2(J2 PRACTICE IN THE MUNICIPAL COURT. 
 
 tion, fraud and deception in the manufacture and sale of articles 
 of food and to repeal certain acts or parts of acts therein named," 
 approved April 24, 1899, in force July 1, 1899, Laws of 1899, p. 
 49, Chapter 127b, paragraph 26, p. 1909 of Hurd's R. S. of 1905, 
 purports to repeal section 6 of said Act of June 1, 1881, but 
 there is no section 6 in said Act. 
 
 FORM OF INFORMATION, 
 
 did then and there manufacture out of (here insert "certain 
 
 oleaginous substances, to-wit, " or "a 
 
 compound of oleaginous substances, to-wit, ") 
 
 not produced from unadulterated milk or cream, a certain article 
 
 designed to take the place of butter and cheese, to-wit : 
 
 , which said 
 
 was not theretofore produced from pure, unadulterated milk or 
 
 cream ; and the said did then and there 
 
 (here insert "sell to one ," or "offer for sale," 
 
 or ' ' give to a certain person, to-wit : ") 
 
 as an article of food the said 
 
 as (here insert "butter" or "cheese,") 
 
 An act to prevent frauds in the manufacture and sale of butter 
 and cheese. Approved May 31, 1879. In force July 1, 1879. 
 Laws of 1879, p. 116. 
 
 The penal provisions in question of this act are found in para- 
 graphs 39a, 396 and 39c on pp. 673-4, Hurd's R. S. of 1905, 
 Chapter 38. 
 
 (forms OF INFORMATION OMITTED.) 
 
 An act to prevent and punish the adulteration of articles of 
 food, drink and medicine, and the sale thereof when adulterated. 
 Approved June 1, 1881. In force July 1, 1881. Laws of 1881, p. 
 75. 
 
 The penal provisions of this act are found in paragraphs 9/^, 
 9i, 9j, 9k, 91, 9w and 9m, pp. 667-8 Hurd's R. S. of 1905, Chapter 
 38. 
 
 FORMS OF INFORMATION. 
 1. MIXING, STAINING, COLORING, ETC. PAGE 667. PAR. 9h. 
 
 (1.) 
 
 did then and there (here insert, "mix" or "color" or "stain" or 
 "powder" or "order a certain person, to-wit one
 
 STATUTORY MISDEMEANORS. 263 
 
 who was then and there in the employ of him the said 
 
 to mix" or "order another person, to-wit: one 
 
 who was then and there in the employ of him the said 
 
 to color" or "order another person, to- 
 wit : one who was then and there in 
 
 the employ of him the said to stain" 
 
 or ' ' order another person to-wit, one 
 
 who was then and there in the employ of him the said 
 
 to stain" or "permit another person to-wit, one 
 
 who was then and there in the employ of him the 
 
 said to mix" or "permit another person, 
 
 to-wit : one who was then and there in the 
 
 employ of him the said to stain " or " permit 
 
 another person, to-wit : one who was then and 
 
 there in the employ of him the said to powder") 
 
 a certain article of food, to-wit : with a 
 
 certain (here insert "in^edient, to-wit, " 
 
 or "material, to-wit, ") thereby (here 
 
 insert ' ' rendering said article of food, to-wit : 
 
 injurious to health" or "depreciating the 
 
 value of said article of food, to-wit : ") with 
 
 intent then and there on the part of the said 
 
 that said article of food, to-wit : might 
 
 be sold, 
 
 (2.) 
 did then and there (here insert "sell" or "oft'er for sale") a cer- 
 tain article of food, to-wit : (here insert 
 
 "mixed" or "colored" or "stained" or "powdered") with a 
 
 certain (here insert "ingredient, to-wit, " or 
 
 "material, to-wit, ") (here insert "which 
 
 said article of food, to-wit : was thereby 
 
 rendered injurious to health" or "the value of which said article 
 of food, to-wit : had thereby de- 
 preciated in value"), 
 
 2. COMPOUNDING OR MIXING DRUG OR MEDICINE WITH INJURIOUS 
 SUBSTANCE. PAGE 668, PAR. 9i. 
 
 (1.) 
 
 did then and there, not for the purpose of compounding in the 
 necessary preparation of medicine, (here insert "mix" or
 
 264 PRACTICE IN THE MUNICIPAL COURT. 
 
 "color" or "stain" or "powder" or "order another person, 
 
 to-wit : one to mix" or "order another 
 
 person, to-wit: one to color" or "order another 
 
 person, to-wit: one to stain" or "order an- 
 other person, to-wit : one to powder" or 
 
 ' ' permit another person, to-wit : one to 
 
 mix " or " permit another person, to-Avit : one 
 
 to color" or "permit another person, to-wit: one 
 
 to stain" or "permit another person, 
 
 to-wit: one to powder") a certain (here 
 
 insert "drug" or "medicine") to-wit: with a certain 
 
 (here insert "ingredient, to-wit, " or 
 
 "material, to-wit, ") and thereby then and 
 
 there affected injuriously the (here insert "quality" or "po- 
 tency") of said (here insert "drug" or "medicine") to-wit:. . 
 
 with intent on the part of the said 
 
 to sell said , 
 
 (2.) 
 did then and there (here insert "sell" or "offer for sale") a cer- 
 tain (here insert "drug" or "medicine") to-wit: 
 
 which said had theretofore been (here 
 
 insert "mixed" or "colored" or "stained" or "powdered") 
 
 with a certain (here insert "ingredient, to-wit, 
 
 " or "material, to-wdt, ") by 
 
 reason of which said (here insert "mixing" or "coloring" or 
 "staining" or "powdering") the (here insert "quality" or "po- 
 tency") of said (here insert "drug" or "medicine") had been 
 affected injuriously, 
 
 3. COMPOUND TO BE SOLD UNDER TRUE NAME. PAGE 668, PAR. 9j. 
 
 (1.) 
 
 did then and there (here insert "mix" or "color" or "stain" or 
 "powder") a certain article of (here insert "food" or "drink" 
 or "medicine" or "a certain article which enters into the com- 
 position of [here insert "food" or "drink" or "medicine") 
 
 to-wit : with a certain other 
 
 (here insert ' ' ingredient, to-wit, " or 
 
 "material, to-wit, ") for the purpose of 
 
 (here insert "gain" or "profit"),
 
 STATUTORY MISDEMEANORS. 265 
 
 (2.) 
 did then and there (here insert "sell" or "offer for sale" or 
 
 ' ' order a certain other person, to-wit : one 
 
 to sell " or " order a certain other person, to-wit one 
 
 to offer for sale" or "permit another person, 
 
 to-wit : one to sell" or "permit a certain 
 
 other person, to-wit : one to offer for sale") a 
 
 certain article of (here insert "food" or "drink" or "medicine" 
 
 or " a certain article, to-wit : which enters into 
 
 the composition of [here insert "food" or "drink" or "medi- 
 cine "] ) to-wit : which said 
 
 had theretofore been (here insert "mixed" or "colored" 
 
 or "stained" or "powdered") with a certain other (here insert 
 "ingredient, to-wit, " or "material, to- 
 wit, ") which said had 
 
 not been theretofore manufactured under its true and appro- 
 priate name, nor was said then and there 
 
 used or sold or offered for sale under its true and appropriate 
 
 name, and a notice that said was mixed or impure 
 
 was not then and there marked, printed or stamped upon each 
 (here insert "package" or "roll" or "parcel" or "vessel") con- 
 taining the same, so as to be and remain at all times readily vis- 
 ible, and the said (here insert name of defendant) did not then 
 
 and there inform the purchaser of said 
 
 of the ingredients of said article of (here insert "food" or 
 "drink" or "medicine") at the time of (here insert "making 
 sale thereof" or "offering to sell said • ")? 
 
 4. MIXING OLEOMARGARINE WITH BUTTER WITHOUT MARKING. 
 PAGE 668, PAR. 9Jc. 
 
 (1.) 
 
 did then and there mix (here insert "oleomargarine" or "suine" 
 or "butterine" or "beef fat" or "lard" or "a certain foreign 
 
 substance, to-wit : ") v/ith certain (here 
 
 insert "butter" or "cheese"), which said (here insert "butter" 
 or "cheese") was then and there intended for human food, with- 
 out distinctly marking, stamping or labeling the (here insert 
 
 "said " or "the package containing 
 
 said ") with the true and appropriate
 
 266 PRACTICE IN THE MUNICIPAL COURT. 
 
 name of said and with the percentage in 
 
 which said (here insert "oleomargarine" or "suine") then and 
 there entered into the composition of said , 
 
 (2.) 
 did then and there (here insert "sell" or "offer for sale" or 
 ■• ' order to be sold " or " order to be offered for sale " or " permit 
 to be sold" or "permit to be oft'ered for sale") a certain arti- 
 cle of food, to-wit : into the com- 
 position of which said article of food, to-wit: (here insert 
 "oleomargarine" or "suine") had theretofore entered, with- 
 out then and there informing the buyer of said article of such 
 fact and the proportions in which said (here insert "oleomar- 
 garine" or "suine" or "butterine" or "beef fat" or "lard" or 
 
 "a certain other foreign substance, to-wit: ") had 
 
 theretofore entered into the composition of said , 
 
 An act to prevent the adulteration of vinegar and to prevent 
 fraud and imposition in the manufacture and sale of vinegar 
 and to protect the purchasers thereof. Approved June 14, 1883. 
 In force July 1, 1883. Laws of 1883, p. 176. 
 
 The penal provisions of this act are found in paragraphs 9p 
 and 9q, pp. 668-9, Kurd's R. S. of 1905, Chapter 38. 
 
 FORMS OF INFORMATION. 
 (1.) 
 
 did then and there (here insert "manufacture for sale" or "offer 
 for sale" or "expose for sale") certain vinegai' which upon test 
 was thereafter found to contain a preparation of (here insert 
 "lead" or "copper" or "sulphuric acid" or "a certain ingredi- 
 ent, to-wit : injurious to health"), 
 
 (2.) 
 did then and there (here insert "manufacture for sale" or "offer 
 for sale" or "expose for sale") as cider vinegar, certain vinegar 
 which was not then and there the legitimate product of pure ap- 
 ple juice known as apple cider, and not made exclusively of said 
 apple cider. 
 
 An act to protect the public from imposition in relation to 
 canned or preserved food. Approved June 27, 1885. In force 
 July 1, 1885. Laws of 1885, p. 207.
 
 STATUTORY MISDEMEANORS. 267 
 
 The penal provisions of this act are found in paragraphs 104a, 
 1046 and 104c, p. 693, Kurd's R. S. of 1905, Chapter 38. 
 
 (forms of information omitted.) 
 
 An act to regulate the sale of veal. Approved June 16, 1887. 
 In force July 1, 1887. Laws of 1887, p. 307. 
 
 The penal provisions of this act are found in paragraph 9r, p. 
 669, Kurd's R. S. of 1905, Chapter 38. 
 
 forms of information. 
 
 (1.) 
 
 did then and there (here insert "kill" or "cause to be killed") 
 for the purposes of sale, a certain (here insert "immature calf" 
 or "a certain calf less than four weeks old"), 
 
 (2.) 
 did then and there knowingly (here insert "sell" or "have in 
 his possession with intent to sell") for food the meat of (here 
 insert "a certain immature calf" or "a certain calf, which said 
 calf had been killed when less than four weeks old"), 
 
 An act to prevent fraud in the sale of lard and to provide pun- 
 ishment for the violation thereof. Approved June 3, 1889. In 
 force July 1, 1889. Laws of 1889, p. 111. 
 
 The penal provisions of this act are found in paragraphs 480 
 and 481, pp. 752-3, Kurd's R. S. of 1905, Chapter 38. 
 
 (forms of information omitted.) 
 
 An act to regulate the manufacture and sale of substitutes for 
 butter. Approved June 14, 1897. In force July 1, 1897. Laws 
 of 1897, p. 3. 
 
 The penal provisions of this act are found in paragraphs 39d- 
 S9n, pp. 674-5, Kurd's R. S. of 1905, Chapter 38. 
 
 forms of information. 
 1. substitutes for butter, page 674, par. 39e. 
 
 (1.) 
 did then and there (here insert "coat" or "powder" or "col- 
 or") with (here insert "annato" or "a certain coloring matter, 
 
 to-wit ") a certain substance which had then and 
 
 there been designed as a substitute for butter, whereby said sub-
 
 2li8 PRACTICE IN THE MUNICIPAL COURT. 
 
 stance, designed as a substitute for butter, by reason of its being 
 so (here insert "coated," "powdered," or "colored") was then 
 and there made to resemble butter, the product of the dairy, 
 
 (2.) 
 did then and there combine certain (here insert "animal fat" 
 
 or "vegetable oil" or "a certain other substance, to wit, ") 
 
 with (here insert "butter" or "a certain other substance, to- 
 wit , combined with butter" or "a certain other sub- 
 stance, to-wit , combined with animal 
 
 fat " or "a certain other substance, to-wit, , 
 
 combined with vegetable oil" or "a certain other substance, to- 
 wit , combined with a combination 
 
 of animal fat and vegetable oil, ") (here insert ' ' for the purpose ' ' 
 
 or "with the effect") of then and there imparting to said 
 
 a yellow color, whereby the said was 
 
 then and there made to resemble the shade of genuine yellow 
 butter, 
 
 (3.) 
 did then and there (here insert "produce" or "manufacture") 
 
 a certain substance, to-wit : which was 
 
 then and there (here insert "an imit-ation" or "a semblance") 
 of natural butter, 
 
 (4.) 
 did then and there (here insert "sell" or "keep for sale" or 
 "offer for sale") a certain imitation butter (here insert "made" 
 or "manufactured" or "compounded" or "produced") by 
 (here insert the particular combination, selecting one of the ap- 
 propriate combinations in second form under 39e), 
 
 2. PACKAGE TO BE STAMPED. PAGE 674, PAR. 39f. 
 (1.) 
 
 did then and there unlawfully manufacture a substance designed 
 to be used as a substitute for butter, and did then and there 
 neglect to mark, either by branding, stamping or stenciling on 
 the top or side of a certain (here insert "box" or "tub" or "fir- 
 kin" or "a certain package"), in which said article was to be 
 kept, and in which it was to be removed from the place where it 
 was produced, in a clean and durable manner, in the English 
 language, either the word "Oleomargarine" or the word "Butter-
 
 STATUTORY MISDEMEANORS. 269 
 
 ine, ' ' or the words ' ' Substitute for Butter, ' ' or the words ' ' Imi- 
 tation Butter, ' ' in printed letters, in plain Roman type, each of 
 the letters not less than three-quarters of an inch in length, 
 
 3. UNLAWFUL SALE. PAGE 674, PAR. 39 g. 
 
 did then and there (here insert "sell" or "offer for sale") to 
 
 one a certain imitation butter without then 
 
 and there informing the said that the said imitation but- 
 ter was then and there imitation butter, 
 
 4. PACKAGE NOT TO BE SHIPPED UNLESS MARKED, PAGE 674, 
 
 PAR. 39/<. 
 
 did then and there (here insert "ship" or "consign" or "for- 
 ward") by a certain common carrier, to-wit, 
 
 a certain (here insert "tub" or "box" or "firkin" or "a cer- 
 tain package"), then and there containing a certain substance 
 designed to be used as a substitute for butter, which said (here 
 insert "tub" or "box" or "firkin" or "jar") was not then and 
 there marked either ' ' Oleomargarine, " or " Butterine " or " Sub- 
 stitute for Butter" or "Imitation Butter," nor was said (here 
 insert "tub" or "box" or "firkin" or "jar") consigned by said 
 
 carrier, to-wit and receipted for by its true 
 
 name, 
 
 5. PACKAGE TO BE MARKED. PAGE 675, PAR. 39f. 
 
 did then and there have (here insert "in his possession" or "un- 
 der his control") a certain (here insert "tub" or "firkin" or 
 "jar" or "box" or "a certain package"), then and there con- 
 taining a certain substance designed to be used as a substitute 
 for butter, which said (here insert "tub" or "firkin" or "jar" 
 or "box" or "package") was not then clearly and durably 
 marked in the English language, in printed letters, in plain Ro- 
 man type, each letter not less than three-quarters of an inch in 
 length, with the word "Oleomargarine" or the word "Butter- 
 ine," or the words "Substitute for Butter" or the words "Imi- 
 tation of Butter," 
 
 6. DEFACING OR REMOVING MARK. PAGE 675, PAR. d9l. 
 
 did then and there (here insert "deface" or "erase" or "re- 
 move") a certain mark, to-wit: the mark (here insert the word
 
 270 PRACTICE IN THE MUNICIPAL COURT. 
 
 "Oleomargarine" or the word "Butterine" or the words "Sub- 
 stitute for Butter" or the words "Imitation of Butter") from a 
 certain (here insert "tub" or "firkin" or "jar" or "box" or 
 "package"), then and there containing a certain substance de- 
 signed to be used as a substitute for butter, with intent on the 
 
 part of the said then and there to (here 
 
 insert "mislead" or "deceive" or "to violate the provisions of 
 the act entitled [here insert title of act of June 14, 1897, pp. 
 674-5, Kurd's R. S. of 1905] ), 
 
 An act relating to the manufacture and sale of articles con- 
 structed in whole or in part of gold or silver or any alloy or imi- 
 tation thereof and prescribing penalties. Approved April 24, 
 1899. In force July 1, 1899. Laws of 1899, p. 138. 
 
 The penal provisions of this act are found in paragraphs 531- 
 533, pp. 760-1, Kurd's E. S. of 1905, Chapter 38. 
 
 (forms of INFORMATION OMITTED.) 
 
 An act to prevent fraud in the branding and sale of process 
 and renovated butter. Approved April 24, 1901. In force July 
 1, 1901. Laws of 1901, p. 315. 
 
 The penal provisions of this act are found in paragraph 390 
 39s, pp. 675-6 of Kurd's R. S. of 1905, Chapter 38. 
 
 (forms OF INFORMATION OMITTED.) 
 
 See also statutory provisions under the head of State Food 
 Commissioner. 
 
 ADULTERY. 
 
 The statutory provisions on this subject are contained in the 
 following act: 
 
 An act to revise the law in relation to criminal jurisprudence. 
 Approved March 27, 1874. In force July 1, 1874. R. S. of 1874, 
 p. 353. 
 
 The penal provision in question is found in paragraph 11, p. 
 669, Kurd's R. S. of 1905, Chapter 38. 
 
 FORMS OP INFORMATION. 
 
 (1) 
 
 being then and there a married man did then and there live to- 
 gether with one , a woman not his wife, 
 
 in an open state of adultery,
 
 STATUTORY MISDEMEANORS. 271 
 
 (2) 
 
 did then and there live together with a woman named 
 
 in an open state of fornication, 
 
 AGRICULTURE AND HORTICULTURE. 
 
 The statutory provisions on this subject are contained in the 
 following acts: 
 
 An Act to revise the law in relation to the department of agri- 
 culture, agricultural societies and agricultural fairs and to pro- 
 vide for reports of the same. Approved June 23, 1883. In force 
 July 1, 1883. Laws of 1883, p. 1. 
 
 An Act amendatory of the foregoing act. See Laws of 1899, 
 p. 1. 
 
 The penal provisions of these acts are contained in paragraphs 
 11, 12, 13, 14 and 16a, pp. 130-131, Kurd's R. S. of 1905, Chap- 
 ter 5. 
 
 FORMS OP COMPLAINT. 
 1. TRESPASS ON FAIR GROUNDS. PAGE 130, PAR. 11. 
 
 did unlawfully enter upon certain grounds used as fair grounds 
 and did then and there carry away therefrom a certain stall, (or 
 whatever the property was) the same then and there being the 
 property of the agricultural society of said county, 
 
 2. SELLING LIQUOR AND GAMING WITHIN TWO MILES OF FAIR 
 
 GROUNDS. PAGE 130, PAR. 12. 
 
 did then and there keep a booth for the sale of spirituous liquors, 
 said booth being within two miles of the place where an agricul- 
 tural fair was then and there being held in said county, 
 
 3. ENTERING FAIR GROUNDS WITHOUT TICKET. PAGE 131, PAR. 16a. 
 
 did unlawfully attempt to enter the enclosure within which an 
 exhibition of the agricultural association of said county was then 
 and there being held, without having purchased and surrendered 
 a ticket of admission to said exhibition, 
 
 An Act to require operators of butter and cheese factories on 
 the co-operative plan to give bonds and to prescribe penalties for 
 the violation thereof. Approved June 18, 1883. In force July 
 1, 1883. Laws of .1883, p. 54.
 
 272 PRACTICE IN THE MUNICIPAL COURT. 
 
 The penal provisions of this act are contained in paragraph 32, 
 p. 133, Hurd's R. S. of 1905, Chapter 5. 
 
 FORM OF INFORMATION. 
 
 was then and there conducting the business of manufacturing 
 butter on the co-operative or dividend plan without having filed 
 with the circuit clerk or recorder of deeds of said county a good 
 and sufficient bond in the penal sum of six thousand dol- 
 lars ($6,000.00) conditioned that he would, on or before the first 
 day of each month, make, acknowledge, subscribe and swear to a 
 report in writing showing the amount of products manufactured, 
 the amount sold, the prices received therefor, and the dividends 
 earned and declared for the third month preceding, that he 
 would file a copy of such report with the clerk of said county and 
 that he would also keep publicly posted in a conspicuous place 
 in such factory a copy of such report, and that such dividends 
 should be promptly paid to the persons entitled thereto. 
 
 An Act to prevent fraud in the manufacture and sale of com- 
 mercial fertilizers. Approved June 29, 1885. In force July 1, 
 1885. Laws of 1885, p. 197. 
 
 An Act amendatory of the foregoing act. See Laws of 1903, 
 p. 4. 
 
 The penal provisions of these acts are contained in paragraphs 
 37, 38 and 41, pp. 134-135, Hurd's R. S. of 1905, Chapter 5. 
 
 FORMS OF INFORMATION, 
 (1.) 
 
 did then and there offer for sale certain packages of commercial 
 fertilizer, the price of which exceeded five dollars a ton, without 
 having first affixed to each of said packages a plainly printed 
 certificate stating the number of net pounds in said package, the 
 name under which same was sold, the name of the manufacturer, 
 the place of manufacture, and a chemical analysis thereof, 
 
 (2.) 
 did then and there expose for sale certain packages of commer- 
 cial fertilizer, the price of which exceeded five dollars a ton, to 
 each of which said packages was attached a chemical analysis 
 wherein the percentage of (here insert "nitrogen" or other con- 
 stituent) in available form in said fertilizer was stated to be
 
 STATUTORY MISDEMEANORS. 273 
 
 more than one per cent greater than said fertilizer really con- 
 tained, 
 
 An Act to regulate the shipping, consignment and sale of pro- 
 duce, fruits, vegetables, butter, eggs, poultry or other products 
 or property and to license and regulate conunissiou merchants 
 and to create a board of inspectors and to prescribe its powers 
 and duties. Approved and in force April 24, 1899. Laws of 
 1899, p. 364 
 
 The penal provisions of this act are contained in paragraphs 
 52 and 53, p. 137, and paragraph 59, p. 138, Kurd's R. S. of 
 1905, Chapter 5. 
 
 FORMS OP COMPLAINT. 
 
 1. FAILURE TO RENDER ITEMIZED STATEMENT WITH CONSIGN- 
 
 MENT OF PRODUCE. PAGE 137, PAR. 52. 
 
 Avas then and there a commission merchant in said city and did 
 then and there sell a (here insert "crate of," or "box of," or 
 "jar of," or anything in the nature of a box, crate, package, as 
 may be necessary to hold any particular produce), of "vegeta- 
 bles" or "butter" or "poultry" or "eggs" or "product" or 
 "property") for the account of one and did neg- 
 lect and refuse to make and render immediately thereafter to 
 said an itemized statement of said sale, giv- 
 ing the gross amount of said sale, the freight charges, together 
 with all other charges incurred, and the net proceeds of said 
 sale, 
 
 2. SOLICITING CONSIGNMENTS OP PRODUCE WITHOUT LICENSE. 
 
 PAGE 138, PAR. 59. 
 
 did unlawfully solicit and receive consignments of butter, eggs 
 and poultry for sale in said city, being a city of more than fifty 
 thousand population, without first having obtained a license to 
 carry cm said business, 
 
 ANIMALS AND BIRDS. 
 
 The statutory provisions now in force on this subject are con- 
 tained in the following acts : 
 
 An Act to amend an Act entitled "An Act to revise the law 
 in relation to the suppression and prevention of the spread of 
 
 IS
 
 274 PRACTICE IN THE MUNICIPAL COURT. 
 
 contagious and infectious diseases among domestic animals, ' ' ap- 
 proved June 27, 1885, in force July 1, 1885. Approved and in 
 force April 20, 1887. Laws of 1887, p. 8. 
 
 The ix'nal provisions of this act are contained in paragraphs 
 50 and 53, pp. 155-156, Kurd's R. S. of 1905, Chapter 8. 
 
 FORMS OF INFORMATION. 
 
 1. CONVEYING LIVE STOCK FROM OTHER STATES WHERE DISEASE 
 HAS BECOME MPIDEMIC AMONG CATTLE. PAGE 155, PAR. 50. 
 
 was then and there a corporation and did then and there know- 
 ingly (here insert "transport," "receive," or "convey") cer- 
 tain live stock, to-wit : said 
 
 being theretofore conveyed 
 
 Into the State of Illinois from (here insert the name of the coun- 
 ty or locality in another state) said (here insert the name of 
 locality or county in another state) having theretofore been 
 scheduled by the Governor of the State of Illinois as a locality 
 
 where the disease of had become epidemic 
 
 in said (here insert name of locality or county) in the state of 
 
 2. CONCEALING DISEASE AMONG ANIMALS. PAGE 155, PAR. 50. 
 
 (1.) 
 
 then and there knew that a certain (insert "contagious" or "in- 
 fectious") disease then and there existed among the domestic 
 
 animals of him, the said , and did then 
 
 and there conceal such fact, and did then and there sell a cer- 
 tain (here insert kind of animal diseased) which said (here in- 
 sert the kind of animal diseased) was then and there affected 
 
 with the disease of , and did then and there sell 
 
 said (here insert name of animal) so diseased as aforesaid to 
 one , 
 
 (2.) 
 then and there knew that a certain (insert "contagious" or "in- 
 fectious") disease then and there existed among the domestic 
 animals of him the said , and then and
 
 STATUTORY MISDEMEANORS. 275 
 
 there did sell a certain animal, to-wit: which said 
 
 animal had theretofore been exposed to the said disease to one . . 
 
 (3.) 
 did then and there know that a certain (here insert ** contagious" 
 
 or "infectious") disease, to-wit then and 
 
 there existed among the domestic animals of him, the said 
 
 , and then and there removed certain of his 
 
 said animals who were then and there affected with said dis- 
 ease from the premises of the said to 
 
 the premises of one , 
 
 (4.) 
 then and there knew that a certain (here insert "contagious" or 
 "infectious") disease then and there existed among the domes- 
 tic animals of him the said , and then and 
 
 there did (here insert "drive" or "lead" or "ship") 
 
 animals belonging to him the said 
 
 which said animals were then and there affected by the said 
 disease by a certain (here insert "car" or "steamboat") to a 
 certain other place, to-wit : 
 
 3. BRINGING DISEASED ANIMALS INTO THE STATE. 
 
 (1.) 
 
 did then and there knowingly bring certain animals, to-wit 
 
 into the State of Illinois from the 
 
 State of , he, the said then 
 
 and there well knowing that said animals were then and there 
 affected with the disease of , 
 
 (2.) 
 did then and there knowingly (here insert "buy" or "receive" 
 or "sell" or "convey" or "engage in the traffic of") certain 
 
 animals, to-wit : which said animals were then 
 
 and there affected with the disease of , 
 
 (3.) 
 was then and there a veterinary practitioner and then and there 
 bad information that certain animals then and there in the city 
 of Chicago, county of Cook, and State of Illinois, were affected
 
 21C) PRACTICE IN THE MUNICIPAL COURT. 
 
 with the disease of , and the said 
 
 havinji: said information unlawfully failed to promptly report 
 such knowledgre to the Board of Live Stock Commissioners of the 
 State of Illinois, 
 
 (4.) 
 
 did then and there convey along a certain public highway, to-wit 
 
 , certain swine which were then and there 
 
 affected with the disease of, (or "swine known to have died of 
 the disease of" or "swine kno%vn to have been slaughtered on 
 account of the said disease of"), 
 
 An Act to cooperate with the United States in the suppression 
 and extirpation of pleuro-pneumonia. In force July 1, 1887. 
 Laws of 1887, p. 16. 
 
 The penal provision of this act is contained in paragraph 65, 
 p. 158, Hurd's R. S. of 1905, Chapter 8. 
 
 (form of INFORMATION OMITTED.) 
 
 An Act to punish false pretences in obtaining certificates of 
 registration of cattle and other animals and to punish giving 
 false pedigrees. Approved May 13, 1887. In force July 1, 1887. 
 Laws of 1887, p. 18. 
 
 The penal provisions of this act are contained in paragraph 73, 
 p. 159, Hurd's R. S. of 1905, Chapter 8. 
 
 (forms of INFORMATION OMITTED.) 
 
 An Act to define the duties of railroad, steamboat, transporta- 
 tion and stock yard companies under proclamation of the gov- 
 ernor scheduling territory on account of splenic or Texas fever 
 among cattle. Approved and in force May 28, 1889. Laws of 
 1889, p. 5. 
 
 The penal provisions of this act are contained in paragraph 
 45, p. 153, Hurd's R. S. of 1905, Chapter 8. 
 
 (forms OF INFORMATION OMITTED.) 
 
 An Act to prevent the mutilation of horses. Approved June 
 17, 1891. In force July 1, 1891. Laws of 1891, p. 101. 
 
 The penal provisions of this act are contained in paragraph 
 74. p. 159, Hurd's R. S. of 1905, Chapter 8. 
 
 (forms OF INFORMATION OMITTED.)
 
 STATUTORY MISDEMEANORS. 277 
 
 An Act to prevent the spread of contajGrious and infectious 
 diseases among swine. Approved June 21, 1895. In force July 
 1, 1895. Laws of 1895, p. 6. 
 
 The penal provisions of this act are contained in paragraphs 
 1, 8, 9 and 10 of pp. 146-147, Hurd's R. S. of 1905, Chapter 8. 
 
 (FORMS OF COMPLAINT OMITTED.) 
 
 An Act to encourage the breeding and improvement in horses 
 and to prevent false entries in exhibitions or races and to provide 
 penalties therefor. Approved and in force May 31, 1895. Laws 
 of 1895, p. 3. 
 
 The penal provisions of this act are contained in paragraphs 
 11 and 12, p. 147, Hurd's R. S. of 1905, Chapter 8. 
 
 FORM OF INFORMATION. 
 
 did then and there enter in a contest of speed for a certain prize 
 
 offered by the Association of said County, 
 
 a certain pacing mare under the name of , 
 
 well knowing that the true name of said mare was , 
 
 An Act in relation to domestic animals running at large within 
 the State of Illinois. Approved June 21, 1895. In force July 
 1, 1895. Laws of 1895, p. 4. 
 
 An Act amendatory of the foregoing act. See Laws of 1905, 
 p. 5. 
 
 The penal provisions of these acts are contained in paragraphs 
 1 and 2 on page 146, Hurd's R. S. of 1905, Chapter 8. 
 
 FORM OF INFORMATION. 
 
 being the owner of a certain bay horse did then and there suffer 
 the same to run at large, 
 
 An Act to prevent the shooting of live pigeons, fowl and other 
 birds for amusement or as a test of skill in marksmanship. Ap- 
 proved April 7, 1905. In force July 1, 1905. Laws of 1905, 
 p. 4. 
 
 The penal provisions of this act are found in paragraph 76, 
 p. 159, Hurd's R. S. of 1905, Chapter 8.
 
 278 PRACTICE IN THE MUNICIPAL COURT. 
 
 (forms of INFORMATION OMITTED, j 
 
 APPRENTICES. 
 
 The statutory provisions on this subject are contained in the 
 following act : 
 
 An Act to revise the law in relation to apprentices. Ap- 
 proved Feb. 25, 1874. In force July 1, 1874. K. S. of 1874, 
 p. 146. 
 
 The penal provisions of the act are contained in parayrraph 19, 
 p. 162, Ilurd's R. S. of 1905, Chapter 9. 
 
 FORM OF COMPLAINT. 
 
 did then and there (here insert "counsel," "persuade" or "en- 
 tice") one , who was then and there the 
 
 (here insert "clerk," "apprentice" or "servant") of one 
 
 to (here insert "run away" or "to absent 
 
 himself from the services of the said , his then 
 
 master" or "to rebel agrainst the said , his 
 
 said master " or "to assault the said , his 
 
 said master"), 
 
 ARCHITECTS. 
 
 The statutory provisions now in force on this subject are con- 
 tained in the following acts : 
 
 An Act to pro^dde for the licensing of architects and regulat- 
 ing the practice of architecture as a profession. Approved June 
 3, 1897. In force July 1, 1897. Laws of 1897, p. 81. 
 
 An Act amendatory of the foregoing act. See Laws of 1905, 
 p. 78. 
 
 The penal provisions of these acts are contained in paragraph 
 8, p, 169, Kurd's R. S. of 1905, Chapter 10a. 
 
 (forms of COMPLAINT OMITTED.) 
 
 ARSON. 
 
 The statutory' provisions on this subject are contained in the 
 following act : 
 
 An Act to re\'ise the law in relation to criminal jurisprudence. 
 Approved March 27, 1874, In force July 1, 1874. R. S. of 
 1874, p. 352.
 
 STATUTORY MISDEMEANORS. 279 
 
 The penal provisions of the act on this subject are contained 
 in paragraph 18, p. 670, Kurd's R. S. of 1905, Chapter 38. 
 
 FORM OF COMPLAINT. 
 
 did then and there (here insert ''wilfully and intentionally" or 
 "negligently" or ''carelessly") (here insert "set on fire" or 
 "cause to be set on fire") certain (here insert "woods" or 
 
 "prairies" or "grounds") situated at in the 
 
 city of Chicago, county of Cook and State of Illinois, said (here 
 insert "woods" or "prairies" or "grounds") then and there be- 
 longing to one , 
 
 ASSAULT AND ASSAULT AND BATTERY. 
 
 The statutory provisions on this subject are contained in the 
 following act : 
 
 An Act to revise the law in relation to criminal jurisprudence. 
 Approved March 27, 1874. In force July 1, 1874. R. S. 1874, 
 p. 352. 
 
 The penal provisions in question of this act are found in para- 
 graphs 20, 21 and 22, p. 670, Kurd's R. S. of 1905, Chapter 38. 
 
 FORMS OF COMPLAINT. 
 (1.) 
 
 did then and there with force and arms unlawfully attempt to 
 stidke, beat, wound, and commit a violent injury on the person 
 
 of one with (here insert "fists" 
 
 or "club" or "knife" or "gun" or "revolver" or "slung-shot" 
 or "brass-knuckles" or whatever means were used in the as- 
 sault), he, the said (here insert the name of the defendant) then 
 and there having the present ability to commit the said violent 
 injury, 
 
 (2.) 
 
 did then and there unlawfully assault one 
 
 and did then and there beat, bruise and wound him, the said 
 
 ASSAULT WITH DEADLY WEAPON. 
 
 The statutory provisions on this subject are contained in the 
 following act: 
 
 An Act to revise the law in relation to criminal jurisprudence.
 
 280 PRACTICE IN THE MUNICIPAL COURT. 
 
 Approved May 27, 1874. In force July 1, 1874. R. S. of 1874, 
 p. 352. 
 
 The penal provisions in question are found in paragraph 25, 
 p. 670, Kurd's R. S. of 1905, Chapter 38. 
 
 FORM OF INFORMATION. 
 
 did then and there with a deadly weapon, to-wit (here insert 
 "revolver" or "knife" or "chisel" or "hammer" or "brass- 
 knuckles" or "boot," or whatever the deadly weapon may be) 
 unlawfully, wilfully and maliciously make an assault upon one 
 
 ' with the intent on the part of the said 
 
 (here insert the name of the defendant) then and there unlaw- 
 fully, wilfully and maliciously to inflict upon the person of the 
 said a bodily injury, 
 
 ATTEMPTS. 
 
 The statutory provisions on this subject are contained in the 
 following act : 
 
 An Act to revise the law in relation to, criminal jurisprudence. 
 Approved March 27, 1874. In force July 1. 1874. R. S. of 
 1874, p. 352. 
 
 The penal provisions in question are found in paragraph 273, 
 pp. 730-1, Kurd's R. S. of 1905, Chapter 38. 
 
 FORM OF INFORMATION. 
 
 did then and there attempt to commit an offense prohibited by 
 
 law, to-wit, the offense of and did then 
 
 and there do a certain act toward the commission of said offense, 
 to-wit (here insert the overt act) and (here insert "then and 
 there failed to commit said offense " or " was then and there pre- 
 vented in the execution of said offense,") 
 
 ATTORNEYS. 
 
 The statutory provisions on this subject are contained in the 
 following act : 
 
 An Act to prevent and punish frauds in the practice of law. 
 Approved May 16, 1905. In force July 1, 1905. Laws of 1905, 
 p. 190.
 
 STATUTORY MISDEMEANORS. 281 
 
 The penal provisions of the act are found in paragraphs 118a 
 and 118b, p. 696, Kurd's R. S. of 1905, Chapter 38. 
 
 FORMS OF INFORMATION. 
 (1.) 
 
 was then and there a person residing in the State of Illinois, and 
 was not then and there regularly licensed to practice law in the 
 
 courts of this State^ and the said did 
 
 then and there hold himself out as a (here insert "attorney at 
 law" or "solicitor in chancery"), 
 
 (2.) 
 was then and there a person residing in the State of Illinois and 
 Avas not then and there regularly licensed to practice law in the 
 
 courts of this State, and the said did then 
 
 and there hold himself out or represent himself (here insert 
 "verbally" or "in writing") as authorized to practice law, 
 
 AUTOMOBILES. 
 
 The statutory provisions on this subject are contained in the 
 following act: 
 
 An Act to regulate the speed of automobiles and other horse- 
 less conveyances upon the public streets, roads and highways of 
 the State of Illinois. Approved May 13, 1903. In force July 1, 
 1903. Laws of 1903, p. 301. 
 
 The penal provisions of this act are found in sections 269a, 
 269b and 269c, pp. 1765-1766, Kurd's R. S. of 1905, Chap- 
 ter 121. 
 
 FORMS OF INFORMATION. 
 (1.) 
 
 did then and there propel an automobile upon and along 
 
 street in said city at a rate of speed in excess of 
 
 miles per hour, 
 
 (2.) 
 
 was then and there driving an automobile in and along 
 
 street of said city and it appearing that a certain 
 
 horse driven by one was about to become
 
 282 PRACTICE IN TIIE MUNICIP-VL COURT. 
 
 friijrhtened by the approach of said automobile, then and there 
 wholly failed and neglected to cause said automobile to come to 
 a full stop until said horse had passed, 
 
 BANKS. 
 
 The statutory provisions on this subject are contained in the 
 followincr act: 
 
 An Act concerning corporations with banking powers. Ap- 
 proved June 16, 1887. Submitted to the vote of the people at 
 the November election 1887 and adopted. Laws of 1887, p. 89. 
 
 The penal provisions of the act are found in paragraph 7, 
 p. 201, Kurd's R. S. of 1905, Chapter 16a. 
 
 (forms of information omitted.) 
 
 BARRATRY AND MAINTENANCE. 
 
 The statutory provisions on this subject are contained in the 
 following act : 
 
 An Act to revise the law in relation to criminal jurispinidence. 
 Approved March 27, 1874. In force July 1, 1874. R. S. of 
 1874, p. 352. 
 
 The penal provisions in question are found in paragraphs 26 
 and 27, p. 671, Kurd's R. S. of 1905, Chapter 38. 
 
 FORMS OF COMPLAINT. 
 (1-) 
 
 did then and there wickedly and wilfully excite and stir up a 
 
 certain suit at law between one and one .... 
 
 who were then and there residents of the 
 
 State of Illinois, and another suit at law between one 
 
 and one who were 
 
 then and there residents of the State of Illinois, with the view 
 
 to promote strife and contention and he, the said 
 
 was then and there by reason of the said exciting and 
 
 said stirring up of said suits, guilty of common bai*ratry. 
 
 (2.) 
 did then and there officiously intermeddle in a certain suit at 
 
 common law entitled vs 
 
 in the court of Cook county, in the State of
 
 STATUTORY MISDEMEANORS. 283 
 
 Illinois, the said lawsuit in nowise then and there belonging to or 
 
 concerning the said by maintaining 
 
 and assisting one , one of the parties to said 
 
 lawsuit (with money or whatever other means were used to as- 
 sist) to prosecute (or "defend") such suit with the view on the 
 part of the said to promote litigation, 
 
 BICYCLE RIDING. 
 
 The statutory provisions on this subject are contained in the 
 following act: 
 
 An Act to prevent long continued and brutal bicycle riding. 
 Approved June 10, 1897. In force July 1, 1897. Laws of 1897, 
 p. 202. 
 
 The penal provisions of the act are found in paragraphs 53a, 
 53b and 53c, p. 682, Kurd's R. S. of 1905, Chapter 38. 
 
 FORMS OF INFORMATION. 
 
 (1.) 
 
 did then and there take part in a bicycle race of more than 
 twelve hours' duration without a rest of six consecutive hours 
 following each twelve hours' racing, 
 
 (2.) 
 
 did then and there lease to one , the building 
 
 known as No in said city, for the purpose of 
 
 conducting therein a bicycle race of more than twelve consecu- 
 tive hours' duration without a rest of six consecutive houre fol- 
 lowing each twelve hours' racing, 
 
 BRIBERY. 
 
 The statutory provisions on this subject are contained in the 
 following act: 
 
 An Act to revise the law in relation to criminal jurisprudence. 
 Approved March 27, 1874. In force July 1, 1874. R. S. of 
 1874, p. 352. 
 
 The pena] provisions in question are found in paragraphs 32 
 and 34, p. 672, Kurd's R. S. of 1905, Chapter 38. 
 
 (forms of INFORMATION OMITTED.)
 
 284 PRACTICE IN THE MUNICIPAL COURT. 
 
 CANADA THISTLES. 
 
 'The statutory provisions on this subject are contained in the 
 following acts: 
 
 An Act concerning Canada Thistles. Approved and in force 
 March 15, 1872. Laws of 1871-2, p. 210. 
 
 An Act amendatory of the foregoing act. See Laws of 1885, 
 p. 53. 
 
 The penal provisions of these acts are found in paragrai)h 
 81/2, p. 212, Hurd's R. S. of 1905, Chapter 18. 
 
 An Act to revise the law in relation to criminal jurisprudence. 
 Approved March 27, 1874. In force July 1, 1874. R. S. of 
 1874, p. 352. 
 
 The penal provisions in question are found in paragraphs 40 
 and 41, p. 676, Hurd's R. S. of 1905, Chapter 38. 
 
 FORMS OF COMPLAINT. 
 (1.) 
 
 being the Commissioner of Canada Thistles in said city, did then 
 and there refuse and neglect to perform his duties as such com- 
 missioner. 
 
 (2.) 
 being the owner of certain land in said county, known as (de- 
 scribe same), did then and there permit Canada thistles to 
 mature and ripen their seed on said land so that same might be 
 disseminated, 
 
 (3.) 
 did then and there bring into the State of Illinois in a package 
 of certain goods certain seed of the Canada thistle and did then 
 and there permit the same to be disseminated so as to vegetate 
 upon certain Ir.nd in the State of Illinois, to-wit, land situated 
 
 in (here describe land by 
 
 mentioning the owner, etc.), 
 
 CANAL. 
 
 The statutory provisions on this subject are contained in the 
 following act:
 
 STATUTORY MISDEMEANORS. 285 
 
 "An Act to revise the law in relation to the Illinois and Michi- 
 gan Canal and for the improvement of the Illinois and Little 
 Wabash Rivers. Approved March 27, 1874. In force July 1, 
 1874. R. S. of 1874, p. 188. 
 
 The penal provisions of this act are found in paragraphs 15 
 to 28, pp. 216-217, Kurd's R. S. of 1905, Chapter 19. 
 
 FORMS OF COMPLAINT. 
 (1.) 
 
 did then and there without the permission of 
 
 who were then and there Canal Commissioners of 
 
 Canal (here insert "take" or "remove") from said canal cer- 
 tain (here insert "rock" or "stone" or "coal" or other material, 
 naming it), 
 
 (2.) 
 did then and there commit a certain trespass, to-wit (here in- 
 sert the act constituting the trespass) 
 
 CASTOR BEANS. 
 
 The statutory provisions on this subject are contained in the 
 following act: 
 
 An Act to revise the law in relation to criminal jurisprudence. 
 Approved March 27, 1874. In force July 1, 1874. R. S. of 
 1874, p. 352. 
 
 The penal provisions in question are found in paragraph 42, 
 p. 676, Hurd's R. S. of 1905 Chapter 38. 
 
 FORM OP COMPLAINT. 
 
 did then and there raise upon his land at (describe location) 
 castor beans, without protecting same from the approach of cat- 
 tle by a good and lawful fence, 
 
 CEMETERIES. 
 
 The statutory provisions on this subject are contained in the 
 following act: 
 
 An Act to protect cemeteries and to provide for their regula- 
 tion and management. Approved June 29, 1885. In force July 
 1, 1885. Laws of 1885, p. 57.
 
 286 PRACTICE IN THE MUNICIPAL, COURT. 
 
 The penal provisions of this act are found in paragi'aphs 15 
 and 16, p. 222, Hurd's K S. of 1905, Chapter 21. 
 
 FORMS OF COMPLAINT. 
 
 (1.) 
 
 did then and there wilfully (here insert "destroy" or "muti- 
 late'' or "injure") a certain (here insert "tomb" or "monu- 
 ment" or "stone" or "vault," or "tree" or "shrub" or "orna- 
 ment" or any other object), which said 
 
 was then and there in a certain cemetery, to-wit, 
 
 cemetery located at , 
 
 (2.) 
 did then and there unlawfully (here insert "hunt" or "shoot" 
 or "discharge a gun," or "discharge a pistol," or "discharge a 
 
 ") within the limits of a certain cemetery, 
 
 to-wit cemetery located at 
 
 CHARITIES. 
 
 The statutory provisions on this subject are contained in the 
 following acts : 
 
 An Act to establish the Illinois Western Hospital for the In- 
 sane and making an appropriation for the purchase of land and 
 the construction of necessary buildings and to regulate the com- 
 mitment of insane persons thereto. Approved ]\Iay 22, 1895. In 
 force July 1, 1895. Laws of 1895, p. 18. 
 
 The penal provisions of this act are found in paragraph 72, 
 p. 248, Hurd's R. S. of 1905, Chapter 23. 
 
 FORM OF INFORMATION. 
 
 was then and there a trustee of the Illinois "Western Hospital 
 for the Insane and was then and there interested in a certain 
 contract (here insert "for the erection of certain of the build- 
 ings of said Illinois Western Hospital for the Insane," or "for 
 furnishing certain material for certain of the buildings of said 
 Illinois Western Hospital for the Insane"), 
 
 An Act to establish and maintain a home for the disabled 
 mothers, wives, widows and daughters of disabled or deceased 
 soldiers in the State of Illinois and to provide for the purchase
 
 STATUTORY MISDEMEANORS, 287 
 
 and maintenance thereof. Approved June 13, 1895. In force 
 July 1, 1895. Laws of 1895, p. 23. 
 
 The penal provisions of this act are found in paragraph 139, 
 p. 259, Kurd's R. S. of 1905, Chapter 23. 
 
 FORM OF INFORMATION. 
 
 was then and there a trustee of the Soldiers' Widow's Home of 
 Illinois, and while such Trustee of said Soldiers ' Widow 's Home 
 of Illinois was then and there pecuniarily interested in a cer- 
 tain contract for the purchase of certain (here insert "building" 
 or "grounds" or "material" or "supplies") for said Home, 
 
 An Act prohibiting the sale, distribution or gift of intoxicat- 
 ing liquors near national homes for disabled volunteer soldiera. 
 Approved and in force April 21, 1899. Laws of 1899, p. 149. 
 
 The penal provisions of this act are found in paragraphs 166 
 and 167, p. 264, Kurd's R. S. of 1905, Chapter 23. 
 
 FORM OF INFORMATION. 
 
 did then and there unlawfully (here insert "sell" or "dis- 
 tribute" or "give away") certain intoxicating liquors, to-wit, 
 
 at , which said 
 
 was then and there within two thousand feet 
 
 of the boundaries of the land owned and used as a home by the 
 National Home for Disabled Volunteer Soldiers in the State of 
 Illinois, 
 
 An Act to regulate the surrender, placing and transfer of 
 children. Approved May 13, 1905. In force July 1, 1905. 
 Laws of 1905, p. 86. 
 
 The penal provisions of this act are found in paragraph 266, 
 p. 281, Kurd's R. S. of 1905, Chapter 23. 
 
 FORM OF INFORMATION. 
 
 was then and there engaged in the business of placing dependent 
 children under the age of eighteen years in homes, and did then 
 
 and there place one , she being a dependent 
 
 child, in the family of one , without first 
 
 having obtained the consent of its parents, the said child not 
 
 having been committed to him, the said 
 
 by a competent court.
 
 288 PRACTICE IN THE MUNICIPAL COURT 
 
 CHILDREN. 
 
 The statutory provisions on this subject are contained in the 
 following acts : 
 
 An act to prevent and punish wrongs to children. Approved 
 May 17, 1877. In force July 1, 1877. Laws of 1877, p. 90. 
 
 The penal provisions of this act are contained in paragraph 
 42e, p. 677 of Kurd's R. S. of 1905, Chapter 38. 
 
 FORM OF INFORMATION. 
 
 having the custody of one , a child under 
 
 the age of fourteen years did then and there employ said 
 
 in the occupation of dancing at the 
 
 theater in said city, 
 
 An act to pix>liibit selling, giving or furnishing tobacco in any 
 of its forms to minors and providing a penalty therefor. Ap- 
 proved June 15, 1887. In force July 1, 1887. Laws of 1887, 
 p. 29. 
 
 The penal provisions of this act are contained in paragraph 
 42g, p. 677, Hurd's R. S. of 1905, Chapter 38. 
 
 An act to amend an act entitled "An act to prevent and pun- 
 ish wrongs to children," approved May 17, 1887, in force July 
 1, 1887. Approved June 21, 1895. In force July 1, 1895. Laws 
 of 1895, p. 153. 
 
 The penal provisions of this act are found in paragraphs 492- 
 496, p. 754, Hurd's R. S. of 1905, Chapter 38. 
 
 Note. The last mentioned act is probably unconstitutional, 
 because it purports to amend sections with numbers which do not 
 exist in the original act. 
 
 FORM OF COMPLAINT, 
 
 did then and there sell to one , a minor under 
 
 the age of sixteen years, a package of cigarettes, the said minor 
 having presented no written order from his parent or guardian 
 for the sale thereof, 
 
 An act for the punishment of crimes against children. Ap- 
 proved May 11, 1905. In force July 1, 1905. Laws of 1905, 
 p. 188.
 
 STATUTORY MISDEMEANORS. 289 
 
 The penal provisions of this act are contained in paragraph 
 42hb, p. 678, Kurd's R. S. of 1905, Chapter 38. 
 
 FORM OF INFORMATION. 
 
 having the custody of one * , a delinquent child, 
 
 did then and there neglect to remove the conditions which ren- 
 dered said child delinquent though abundantly able so to do, 
 
 An act for the prevention of blindness. Approved June 21, 
 1895. In force July 1, 1895. Laws of 1895, p. 152. 
 
 The penal provisions of this act are found in paragraphs 510 
 and 511, p. 758, Hurd's R. S. of 1905, Chapter 38. 
 
 FORM OF COMPLAINT. 
 
 heing a nurse and having charge of one , 
 
 an infant newly born, then and there failed and neglected to 
 report in writing to any health officer or qualified practitioner 
 of medicine in said city within six hours after she noticed the 
 fact that the eyes of said infant were inflamed, said infant being 
 then and there less than two weeks old and having inflamed 
 eyes, 
 
 An act to provide for the punishment of persons responsible 
 for or directly promoting, or contributing to, the conditions that 
 render a child dependent, neglected or delinquent, and to pro- 
 vide for suspension of sentence and release on probation in such 
 cases. Approved May 13, 1905. In force July 1, 1905. Laws 
 of 1905, p. 189. 
 
 The penal provisions in question are found in paragraph 4:2hb, 
 p. 678, Hurd's R. S. of 1905, Chapter 38. 
 
 (forms OF COMPLAINT OMITTED.) 
 
 CITIES, VILLAGES AND TOWNS. 
 
 The statutory provisions now in force on this subject are con- 
 tained in the following acts : 
 
 An act to provide for the incorporation of cities and villages. 
 Approved April 10, 1872. In force July 1, 1872. Laws of 
 1871-2, p. 218. 
 
 The penal provisions of this act are contained in paragraph 
 
 19
 
 290 PRACTICE IN THE MUNICIPAL COURT. 
 
 27, p. 294, paragraph 102, p. 309, and paragraph 110, p. 310- 
 311, Kurd's R. S. of 1905, Chapter 34. 
 
 FORMS OF INFORMATION. 
 1. MISCONDUCT OF MAYOR OR OTHER OFFICER. PAGE 294, PAR. 27. 
 
 (1.) ■ 
 
 was then and there (here insert "mayor of " or 
 
 "clerk of ") and being such (here in- 
 sert "mayor of "or "clerk of : ") was 
 
 then and there guilty of a palpable omission of duty in this that 
 he then and there neglected to (here insert the act which de- 
 fendant neglected to do), 
 
 (2.) 
 
 was then and there (here insert ' ' mayor of , ' * 
 
 or "clerk of "), and being such (here 
 
 insert "mayor of " or "clerk of "), 
 
 was then and there wilfully and corruptly guilty of (here insert 
 "oppression" or "malconduct" or "misfeasance") in the dis- 
 charge of the duties of his office^ in this that he then and there 
 (here insert the conduct complained of), 
 
 An act to regulate the manner of travel upon bridges, the 
 whole or a part of which are owned or controlled by cities, vil- 
 lages and towns of this State and to provide for the enforcing of 
 the same. Approved and in force May 13, 1879. Law of 1879, 
 p. 75. 
 
 The penal provisions of this act are contained in paragraph 
 194&, p. 322, Kurd's R. S. of 1905, Chapter 34. 
 
 FORM OF COMPLAINT. 
 
 did then and there (here insert "ride" or "drive") a cer- 
 tain horse faster than a walk over a certain bridge in said city, 
 which said bridge was then and there owned by said city, and 
 was then and there located in said city at the place where a cer- 
 tain street in said city, to-wit, street crosses 
 
 river in said city, 
 
 An act for the regulation and inspection of tenement and 
 lodging houses or other places of habitation. Approved and in 
 force May 30, 1881. Laws of 1881, p. 155.
 
 STATUTORY MISDEMEANORS, 291 
 
 The penal provisions of this act are found in paragraphs 306- 
 307, pp. 354-5, Hurd's R. S. of 1905, Chapter 34. 
 
 FORM OP COMPLAINT. 
 (1.) 
 
 was then and there a (here insert "architect" or "builder" or 
 " ") and was then and there interested in a cer- 
 tain projected (here insert "tenement" or "lodging house" or 
 
 " ") then and there intended for a place 
 
 of habitation in the city of , which said city 
 
 was then and there an incorporated city of fifty thousand inhabi- 
 tants, and the said did then and there wil- 
 fully and unlawfully neglect to submit plans and specifications 
 of said building to the health commissioner of said city in order 
 that said health commissioner might then and there examine the 
 said plans and specifications for his approval or rejection as to 
 the proposed plans for the ventilation of rooms, light and air 
 shaft, windows, ventilation of water-closets, drainage and plumb- 
 ing in said building, 
 
 (2.) 
 was then and there by occupation a plumber and was then and 
 there interested in the plumbing work in the building known as 
 No in said city, which said build- 
 ing was then and there a projected (here insert "tenement" or 
 
 "lodging house" or " ") then and there a place 
 
 of habitation, and was then and there interested in a contract 
 for the plumbing work of said building, and did then and there 
 after the completion of said plumbing work fail to notify in 
 writing the health commissioner of said city that said building 
 was then and there ready for inspection, and without having so 
 notified the said health commissioner in writing as aforesaid, he, 
 
 the said , caused all of said plumbing 
 
 work to be covered up in said building, and thereby concealed 
 such plumbing work in and about said building, 
 
 An act to enable cities, towns and villages organized under 
 any general or special law to levy and collect a tax or license fee 
 from foreign fire insurance companies for the benefit of organ- 
 ized fire departments. In force July 1, 1895, Laws of 1895, p. 
 104.
 
 292 PRACTICE IN THE MUNICIPAL COURT, 
 
 The penal provisions of this act are contained in paragraph 
 421, p. 386, Hurd's R. S. of 1905, Chapter 34. 
 
 (form op information OMITTED.) 
 
 An act to prevent the use of uncovered patrol wagons for the 
 conveyance of prisoners and prescribing certain penalties for the 
 violation thereof. Approved June 17, 1893. In force July 1, 
 1894. Laws of 1893, p. 76. 
 
 The penal provisions of this act are contained in paragraphs 
 442-443, p. 393, Hurd's R. S. of 1905, Chapter 34. 
 
 FORM OF INFORMATION. 
 
 w'as then and there a police oflficer of said city, and did then and 
 
 there compel one who was then and there 
 
 under arrest, to be driven in an uncovered patrol wagon through 
 the public streets of said city to the police station. 
 
 An act to prevent non-residents from serving or acting as dep- 
 uty sheriffs, special policemen or constables. Approved June 19, 
 1893. In force July 1, 1893. Laws of 1893, p. 2. 
 
 The penal provisions of this act are contained in paragraphs 
 444-445, p. 393, Hurd's R. S. of 1905, Chapter 34. 
 
 (form of INFORMATION OMITTED.) 
 
 An act empowering the fire inspector in cities of 500,000 and 
 over to investigate the cause, origin and circumstances of fires 
 and to examine persons under oath in reference to the origin of 
 fires. Approved June 9, 1897. In force July 1, 1897. Laws of 
 1897, p. 96. 
 
 The penal provisions of this act are contained in paragraph 
 497, p. 402, Hurd's R. S. of 1905, Chapter 34. 
 
 FORM OF COMPLAINT. 
 
 was then and there the occupant (or "owner") of the building 
 
 known as No , in said city, and did then and 
 
 there wilfully refuse to appear and testify in regard to a fire 
 which had taken place in said building when summoned by the 
 Fire Inspector of said city for that purpose, 
 
 An act to provide for the licensing of plumbers and to super- 
 vise and inspect plumbing. Approved June 10, 1897. In force 
 July 1, 1897. Laws of 1897, p. 279.
 
 STATUTORY MISDEMEANORS. 293 
 
 The penal provisions of this act are contained in paragraph 
 504, pp. 403-04, Hurd's R. S. of 1905, Chapter 34. 
 
 FORM OF COMPLAINT. 
 
 did then and there work at the business of plumbing as (here 
 insert ' ' master plumber " or * ' employe plumber " or " journeyman 
 plumber") in said city, being a city of five thousand or more in- 
 habitants, without having passed an examination before the 
 Board of Examiners of Plumbers of said city, and without hav- 
 ing received a certificate from said Board of Examiners author- 
 izing him to engage in the business of plumbing in said city. 
 
 An act permitting all ex-union soldiers and sailors honorably 
 discharged from the military or marine service of the United 
 States the right to vend, hawk and peddle goods, wares, fruits or 
 merchandise not prohibited by law in any county, town, village, 
 incorporated city or municipality in the State of Illinois. Ap- 
 proved May 11, 1901. In force July 1, 1901. Laws of 1901, 
 p. 236. 
 
 The penal provisions of this act are contained in paragraphs 
 651-652, p. 438 Hurd's R. S. of 1905, Chapter 34. 
 
 FORMS OF INFORMATION. 
 
 was then and there the clerk of said city and one 
 
 , who was then and there a soldier honorably dis- 
 charged from military service of the United States, did then 
 
 and there present his, the said , certificate of 
 
 discharge to the clerk of said city, and did then and there show 
 proof of his identity as the person named in said certificate of 
 honorable discharge, and did then and there request the said 
 
 to then and there issue to said 
 
 , an ex-soldier as aforesaid, a certain license to 
 
 hawk and peddle goods, wares, and merchandise, within said city, 
 
 without the payment of a fee therefor, and the said 
 
 then and there wilfully and unlawfully refused to issue 
 
 the said license free of charge, 
 
 CIVIL RIGHTS. 
 
 The statutory provisions on this subject are contained in the 
 following acts: 
 
 An act to protect all citizens in their civil and legal rights and
 
 Ii94 PRACTICE IN THE MUNICIPAL COURT. 
 
 fixing a penalty for violation oi" the same. Approved June 10, 
 1885. In force July 1, 1885. Laws of 1885, p. 64. 
 
 An act amendatory of the foregoing act. See Laws of 1897, 
 p. 137. 
 
 An act to amend Section 42* of "An Act to revise the law in 
 relation to criminal jurisprudence," approved March 27, 1874, 
 in force July 1, 1874, as amended by an act approved June 10, 
 1897, in force July 1, 1897. Approved May 15, 1903. In force 
 July 1, 1903. 
 
 The penal provisions of these acts are found in paragraph 42 j, 
 p. 679 Kurd's R. S. of 1905, Chapter 38. 
 
 (The act of May 15, 1903, is of doubtful validity. It purports 
 to amend Section 42i of the act entitled "An Act to revise the 
 law in relation to criminal jurisprudence," There is no such 
 section in that act. It is probable, therefore, that the act of 1885 
 as amended by the act of 1897 will govern in the determination 
 of offences against civil rights.) 
 
 FORM OF INFORMATION. 
 
 being the owner of and carrying on a restaurant at No 
 
 , in said city, did then and there refuse to serve 
 
 one in the said restaurant with 
 
 food ordered by him the said , and did 
 
 then and there refuse said the equal 
 
 enjoyment with other persons of the accommodations of said 
 restaurant, 
 
 CIVIL SERVICE. 
 
 The statutory provisions on this subject are contained in the 
 following acts : 
 
 An act to regulate the civil service of cities. Approved and 
 in force March 20, 1895. Laws of 1895, p. 85. 
 
 The penal provisions of this act are contained in paragraphs 
 465-480, pp. 397-9, Kurd's R. S. of 1905, Chapter 24. 
 
 An act to revise the law in relation to the election of county 
 commissioners in Cook county and to fix their term of office. Ap-
 
 STATUTORY MISDEMEANORS. 295 
 
 proved June 15, 1893. In force July 1, 1893. Laws of 1893, p. 
 92. 
 
 Acts amendatory of the foregoing acts. See Laws of 1895, 
 p. 136; Laws of 1905, p, 135, 
 
 The penal provisions of these acts are found in divisions 
 twenty-ninth to thirty-seventh, inclusive, thirty-ninth and forty- 
 third, inclusive, of paragraph 62, pp. 569-76, Kurd's R. S. of 
 1905, Chapter 34. 
 
 An act to regxilate the Civil Service of the State of Illinois. 
 Approved May 11, 1905. In force July 1, 1905. Laws of 1905, 
 p. 113. 
 
 The penal provisions of this act are found in paragraphs 19- 
 31, pp. 450-452, Kurd's R. S. of 1905, Chapter 24a. 
 
 (forms of information omitted.) 
 CLERKS OF COURTS. 
 
 The statutory provisions of this subject are contained in the 
 following act: 
 
 An act to revise the law in relation to clerks of courts. Ap- 
 proved March 25, 1874. In force July 1, 1874. R. S. of 1874, 
 p. 260. 
 
 The penal provisions of this act are found in paragraph 17, 
 p. 456, Kurd's R. S. of 1905, Chapter 25. 
 
 (forms of complaint omitted.) 
 COCAINE. 
 
 The statutory provisions on this subject are contained in the 
 following act: 
 
 An act to amend an act entitled ' ' An Act to regulate the prac- 
 tice of pharmacy in the State of Illinois, to make an appropria- 
 tion therefor and to repeal certain acts therein named," ap- 
 proved May 11, 1901, in force July 1, 1901, by adding thereto 
 two new sections to be known as section 14a and section 14&, and 
 to amend section 16 thereof. Approved May 13, 1903. In force 
 July 1, 1903. Laws of 1903, p. 248. 
 
 The penal provisions of this act are found in paragraphs 32a 
 and 32b, pp. 1365-6, Kurd's R. S. of 1905, Chapter 91.
 
 296 PRACTICE IN THE MUNICIPAL COURT. 
 
 FORMS OP INFORMATION. 
 (1.) 
 
 was then and there a druggist carrying on the business of a 
 
 druggist at number street, in said 
 
 city, and did then and there (here insert "retail" or "sell" or 
 
 "give away") to one certain (here insert 
 
 *' cocaine hydrochlorate " or "a certain salt of cocaine hydro- 
 chlorate, to-wit : " or "a certain compound of 
 
 cocaine, to-wit : " or "a certain preparation, 
 
 to-wit : , containing cocaine") without the 
 
 written prescription of a (here insert "licensed physician" or 
 "licensed dentist"), licensed under the laws of the State of 
 Illinois, 
 
 (2.) 
 did then and there (here insert "retail to" or "sell to" or 
 
 "prescribe for") one , who was then and 
 
 there addicted to the habitual use of (here insert "cocaine" or 
 ' ' a preparation of cocaine to-wit, " or "a com- 
 pound of cocaine, to-wit ") certain (here insert 
 
 "cocaine hydrochlorate" or "salts of cocaine, to-wit " 
 
 or " a compound of cocaine, to-wit " or "a cer- 
 tain preparation containing cocaine, to-wit " or 
 
 ' ' a certain salt containing cocaine, to-wit " or a 
 
 "certain compound containing cocaine, to-wit. "),, 
 
 COLORING GRAIN. 
 
 The statutory provisions on this subject are contained in the 
 following act : 
 
 An act to prevent fraud in the coloring of grain. Approved 
 May 25, 1887. In force July 1, 1887. Laws of 1887, p. 91. 
 
 The penal provisions in question are found in paragraph 42o. 
 p. 679, Kurd's R. S. of 1905, Chapter 38. 
 
 FORMS OF INFORMATION, 
 (1.) 
 
 did them and there (here insert "subject" or "cause to be sub- 
 jected") certain (here insert "barley" or "wheat" or " 
 
 ") to fumigation by (here insert "sulphur" or
 
 STATUTORY MISDEMEANORS. 297 
 
 " ") and by reason of said fumigation 
 
 the (here insert "color," or "quality," or "germ") of said 
 grain was then and there affected, 
 
 (2.) 
 did then and there (here insert "offer for sale" or "procure to 
 be sold") certain (here insert "barley" or "wheat" or ".,., 
 
 ") which had theretofore been subjected to 
 
 fumigation by sulphur (or " process") 
 
 he the said then and there well knowing that 
 
 said had been so subjected to said fumigation, 
 
 COMPOUNDING A CRIME. 
 
 The statutory provisions on this subject are contained in the 
 following act : 
 
 An act to revise the law in relation to criminal jurisprudence. 
 Approved March 27, 1874. In force July 1, 1874. R. S. of 1874, 
 p. 352. 
 
 The penal provision in question is found in paragraph 43, p. 
 680, Kurd's R. S. of 1905, Chapter 38. ^ 
 
 FORM OF INFORMATION. 
 
 that one did, on a certain day, commit a 
 
 -certain criminal offense, to-wit : the offense of 
 
 and afterwards the said (here insert name of defendant) then 
 
 and there took from certain money, to-wit : 
 
 Dollars to compound said criminal 
 
 offense, 
 
 CONCEALING DEATH OF BASTARD. 
 
 The statutory provisions on this subject are contained in the 
 following act: 
 
 An act to revise the law in relation to criminal jurisprudence. 
 Approved May 27, 1874. In force July 1, 1874. R. S. of 1874, 
 p. 352. 
 
 The penal provisions in question are found in paragraph 44, p. 
 680, Hurd's R. S. of 1905, Chapter 38.
 
 298 PRACTICE IN THE MUNICIPAL COURT. 
 
 FORM OF INFORMATION. 
 
 was then and there an unmarried woman and did then and there 
 endeavor i)rivatcly to conceal the death of an infant, then and 
 
 there the issue of her, the said so that 
 
 the said infant then and there the issue of the body of her the 
 said might not come to light, 
 
 CONCEALING PROPERTY. 
 
 The statutory provisions on this subject are contained in the 
 following act: 
 
 An act punishing persons hiding or concealing property levied 
 upon by legal process or held under a distress warrant. Approved 
 May 31, 1879. In force July 1, 1879. Laws of 1879, p. 13. 
 
 The penal provisions of this act are found in paragraph 44a, 
 p. 680, Kurd's R. S. of 1905, Chapter 38. 
 
 FORM OF COMPLAINT. 
 
 (1.) 
 
 was then and there a (here insert "a constable" or "sheriff" 
 or "deputy sheriff") of Cook county, and then and there, by 
 
 virtue of a certain (here insert "legal process, to-wit: 
 
 " or "distress warrant") seized certain property, 
 
 to-wit: (here insert what the property was) and did then and 
 there hide and conceal the same so that said property, to-wit : . . 
 could not be recovered by a writ of re- 
 plevin in said Cook county where said seizure took place, 
 
 (2.) 
 was then and there a (here insert "a constable" or "sheriff" or 
 "deputy sheriff'") of Cook county, and then and there, by 
 virtue of a certain (here insert "legal process, to-wit: 
 
 " or "distress warrant") seized certain property, 
 
 to-wit : , and did then and there refuse 
 
 to deliver the said property to one who 
 
 was then and there a (here insert "constable" or "deputy sher- 
 iff") in and for the county of Cook, who then and there had a 
 
 writ of replevin for said property, and said 
 
 having then and there demanded from said 
 
 said property,
 
 STATUTORY MISDEMEANORS. 299 
 
 CONSPIRACY TO INDICT. 
 
 The statutoiy provisions on this subject are contained in the 
 following act: 
 
 An act to revise the law in relation to criminal jurisprudence. 
 Approved March 27, 1874. In force July 1, 1874. R. S. of 
 1874, p. 352. 
 
 The penal provision in question is found in paragraph 45, p. 
 680 of Kurd's R. S. of 1905, Chapter 38. 
 
 FORM OF INFORMATION. 
 
 did then and there conspire and agree to falsely and maliciously 
 
 (here insert "indict" or "cause to be indicted") one 
 
 ,., on the charge of 
 
 CORONERS. 
 
 The statutory provisions on this subject are contained in the 
 following act : 
 
 An act to revise the law in relation to coroners. Approved 
 February 6, 1874. In force July 1, 1874. R. S. of 1874, p. 
 281. 
 
 The penal provisions in question are found in paragraph 12, 
 p. 492 of Kurd's R. S. of 1905, Chapter 31. 
 
 (forms op complaint omitted.) 
 
 CORPORATIONS. 
 
 The statutory provisions on this subject are contained in the 
 following act : 
 
 An act to regulate the admission of foreign corporations for 
 profit to do business in the State of Illinois. Approved May 18, 
 1905. In force July 1, 1905. Laws of 1905, p. 124. 
 
 The penal provisions of this act are found in paragraph 67tj, 
 p. 514, Kurd's R. S. of 1905, Chapter 32. 
 
 An act to enable associations of persons to become a body cor- 
 porate to raise funds to be loaned only among the membere of 
 such association. In force July 1, 1879. Laws of 1879, p. 83.
 
 300 PKACTICE IN THE MUNICIPAL COURT 
 
 Acts amendatory of the foregoing- act. Laws of 1887, p. 131 : 
 Laws of 1891, p. 90; Laws of 1893, p. 83; Laws of 1897, p. 
 166 ; Laws of 1899, p. 112 ; Laws of 1903, p. 124. 
 
 The penal provisions of these acts are found in paragraph 
 78a, p. 517, paragraph 82o, p. 518 and paragraph 91a, p. 522 of 
 Kurd's R. S. of 1905, Chapter 32. 
 
 (forms of complaint omitted.) 
 
 An act to regulate foreign building, loan and homestead as- 
 sociations doing business in the State of Illinois. Approved 
 June 20, 1893. In force July 1, 1893. Laws of 1893, p. 86. 
 
 The penal provisions of this act are found in paragraph 9122, 
 page 527, Kurd's E. S. of 1905, Chapter 32. 
 
 (forms of complaint omitted.) 
 
 An act to regulate the fees of court receivers and attorneys' 
 fees in receivership cases of building and loan associations. Ap- 
 proved May 10, 1901. In force July 1, 1901. Laws of 1901, 
 p. 206. 
 
 The penal provisions of this act are found in paragraph 9I222, 
 p. 528, Kurd's R. S. of 1905, Chapter 32. 
 
 (forms of information omitted.) 
 
 An act to provide for the organization, management and regu- 
 lation of surety companies. Approved and in force April 17, 
 1899. Laws of 1899, p. 260. 
 
 The penal provisions of this act are found in paragraph 102p, 
 p. 533, Kurd's R. S. of 1905, Chapter 32. 
 
 (forms of information omitted.) 
 
 An act to provide for and regulate the administration of 
 trusts by trust companies. Approved June 15, 1887. In force 
 July 1, 1887. Laws of 1887, p. 144. 
 
 The penal provisions of this act are contained in paragrapli 
 143, p. 541, Kurd's R. S. of 1905, Chapter 32. 
 (forms of complaint omitted.) 
 
 An act in relation to gas companies. Approved June 5, 1897. 
 In force July 1, 1897. Laws of 1897, p. 177.
 
 STATUTORY MISDEMEANORS. 301 
 
 The penal provisions of this act are contained in paragraph 
 168, p. 546, Kurd's R. S. of 1905, Chapter 32. 
 
 (forms op complaint omitted.) 
 
 An act to provide for the incorporation, management and regu- 
 lation of pawners societies and limiting the rate of compensa- 
 tion to be paid for advances, storage and insurance on pawns 
 and pledges, and to allow the loaning of money upon personal 
 property. Approved March 29, 1899. In force July 1, 1899. 
 Laws of 1899, p. 120. 
 
 The penal provisions of this act are found in paragraph 191, 
 p. 549, Hurd's R. S. of 1905, Chapter 32. 
 
 form of information. 
 
 was then and there a (here insert "director" or ** officer" or 
 "employe") of , a corporation or- 
 ganized under the act of the General Assembly of the State of 
 lUinois entitled "An act to provide for the incorporation, man- 
 agement and regulation of Pawners' Societies and limiting the 
 rate of compensation to be paid for advances, storage and in- 
 surance on pawns and pledges and to allow the loaning of money 
 upon personal property," approved March 29, 1899, and did 
 
 then and there receive from one certain 
 
 in pawn, and did then and there advance to said as 
 
 a loan, with said as security for said 
 
 loan, the sum of Dollars ; and did 
 
 then and there (here insert "take" or "collect" or "receive") 
 
 as compensation for said loan, the sum of 
 
 Dollars, which said sum of 
 
 Dollars was then and there in excess of the charges allowed in 
 said act of the General Assembly aforesaid, 
 
 An act for the protection of Chautauqua associations, for the 
 appointment by them of special police officers and to fix penal- 
 ties for the violation of the rules of such associations. Approved 
 May 15, 1903. In force July 1, 1903. Laws of 1903, p. 157. 
 
 The penal provisions of this act are found in paragraphs 202- 
 3, p. 551, Hurd's R. S. of 1905, Chapter 32.
 
 302 PRACTICE IN THE MUNICIPAL COURT. 
 
 FORM OP COMPLAINT. 
 
 did then and there enter upon the grounds of 
 
 Chautauqua Association in said County, while said Association 
 was then and there holding its annual assembly, without having 
 then and there purchased and surrendered a ticket of admission 
 
 to said grounds, with intent on the part of the said 
 
 to then and there defraud the said assembly, 
 
 COUNTIES. 
 
 The statutory provisions now in force on this subject are con- 
 tained in the following acts: 
 
 An Act to revise the law in relation to counties. Approved 
 and in force March 31, 1874. R. S. of 1874, p. 302. 
 
 The penal provisions of this act are found in paragraph 41, 
 p. 566, Kurd's R. S. of 1905, Chapter 34. 
 
 (forms of INFORMATION OMITTED.) 
 
 An act to provide for the removal of county seats. Approved 
 March 15, 1872. In force July 1, 1872. Laws of 1871-2, p. 309. 
 
 The penal provisions of this act are found in paragraph 106, 
 p. 587, Kurd's R. S. of 1905, Chapter 34. 
 
 (forms op INFORMATION OMITTED.) 
 
 An act to create and establish boards of health in counties 
 not under township organization and in townships in counties 
 under township organizations outside of the corporate limits 
 of incorporated cities and villages, to prescribe their duties and 
 powers and provide for enforcing the same. Approved May 10, 
 1901. In force July 1, 1901. Laws of 1901, p. 91. 
 
 The penal provisions of this act are found in paragraph 118, 
 p. 590, Kurd's R. S. of 1905, Chapter 34. 
 
 (forms of information omitted.) 
 
 COUNTY TREASURER. 
 
 The statutory provisions now in force on this subject are con- 
 tained in the following act: 
 
 An act to revise the law in relation to county treasurer. Ap-
 
 ' STATUTORY MISDEMEANORS. 303 
 
 proved February 25, 1874. In force July 1, 1874. R. S. of 
 1874, p. 323. 
 
 The penal provisions of this act are contained in paragraph 
 16, p. 594, Kurd's R. S. of 1905, Chapter 36. 
 
 (forms op information omitted.) 
 
 CRUELTY TO ANIMALS. 
 
 The statutory provisions on this subject are contained in the 
 following act : 
 
 An act to revise the law in relation to criminal jurisprudence. 
 Approved March 27, 1874. In force July 1, 1874. R. S. of 
 1874, p. 352. 
 
 The penal provisions in question are found in paragraphs 50, 
 51 and 52, p. 681 of Kurd's R. S. of 1905, Chapter 38. 
 
 forms of complaint. 
 1. overloading, cruelly working, etc. page 681, par. 50. 
 
 (1.) 
 
 then and there had the custody and control of a certain animal, 
 
 to-wit : , and was then and there guilty 
 
 of cruelty to said by (here insert "overload- 
 ing said " or " overdriving said " 
 
 or "overworking said " or "cruelly beating 
 
 said " or " torturing said " 
 
 or "tormenting said " or "mutilating said 
 
 " or " cruelly killing said " or 
 
 "causing said to be overloaded" or "causing said. . 
 
 to be overdriven" or "causing said 
 
 to be overworked" or "causing said to be cru- 
 elly beaten" or "causing said to be tor- 
 tured" or "causing said .to be tormented" 
 
 or "causing said to be mutilated" or 
 
 ' ' causing said ' to be cruelly killed ' ' or 
 
 "by knowingly allowing said to be over- 
 loaded" or "by knowingly allowing said 
 
 to be overdriven " or "by knowingly allowing said 
 
 to be overworked" or "by knowingly allowing said 
 
 to be cruelly beaten " or " by knowingly allowing said
 
 304 PRACTICE IN THE MUNICIPAL COURT. 
 
 to be cruelly tortured" or "by knowingly allowing 
 
 said to be tormented" or "by knowingly 
 
 allowing said to be mutilated" or "by know- 
 ingly allowing said to be cruelly killed"), 
 
 (2.) 
 then and there had control and custody of a certain (here insert 
 "old" or "maimed" or "iafirm" or "sick" or "disabled") 
 
 animal, to-wit : a , and was then and there 
 
 guilty of cruelty to said by (here insert 
 
 "cruelly working" or "causing to be cruelly worked" or "know- 
 ingly allowing to be cruelly worked ' ' ) said , 
 
 (3.) 
 then and there had (here insert "charge" or "custody") of a 
 
 certain animal, to-wit : a , and was then and there 
 
 guilty of cruelty to said by unnecessarily 
 
 failing to provide said with proper food, 
 
 drink and shelter^ 
 
 (4.) 
 then and there had custody and control of a certain (here insert 
 "old" or "maimed" or "infirm" or "sick" or "disabled") 
 
 animal, to-wit : , and was then and there 
 
 guilty of cruelty to said by abandoning the 
 
 said , 
 
 (5.) 
 did then and there have the custody and control of a certain 
 
 anirnal, to-wit: and was then and there 
 
 guilty of cruelty to said by (here insert 
 
 "carrying" or "driving" or "causing to be carried" or "caus- 
 ing to be driven" or "causing to be kept") said 
 
 in an unnecessarily cruel manner, 
 
 2. BY RAILROAD CARRIERS. PAGE 281, FAB. 51. 
 
 and was then and there a (here insert "railroad company" or 
 "common carrier") and was then and there (here insert "carry- 
 ing" or "transporting") certain (here insert "cattle" or 
 
 "sheep" or "swine" or " ") and did then and 
 
 there allow the same to be confined in one certain car more than 
 twenty-eight consecutive hours without unloading said
 
 STATUTORY MISDEMEANORS. 305 
 
 for rest, water and food for at least five cbnsecutive hours, the 
 
 said not having been delayed by storm or 
 
 accident, 
 
 3. BULLBAITING, COCKFIGHTING, ETC. PAGE 681, PAR. 2. 
 
 (1.) 
 
 did then and there (here insert "keep" or "use" or "was con- 
 nected with" or "was interested in the management of" or 
 "did receive money for the admission of divers persons to") a 
 
 certain place, to-wit : , which was then and 
 
 there used for the purpose of (here insert "fighting" or "bait- 
 ing") (here insert "bulls" or "bears" or "dogs" or "cocks" 
 ■or" "), 
 
 (2.) 
 did then and there (here insert "engage" or "encourage" or 
 "assist") in the baiting of a (here insert "bull" or "bear" or 
 "dog" or "cock" or " "), 
 
 (3.) 
 was then and there (here insert "the owner of " or "had charge, 
 
 custody and control of") certain premises known as 
 
 and did then and there permit said premises to be (here insert 
 "kept" or "used") for the purpose of baiting (here insert 
 "bulls" or "bears" or "dogs" or "cocks" or " "), 
 
 (4.) 
 
 did then and there visit certain premises known as 
 
 which said premises were then and there (here insert 
 
 "kept" or "used") for the purpose of baiting (here insert 
 "bulls" or "bears" or "dogs" or "cocks" or " "), 
 
 DEADLY WEAPONS. 
 
 The statutory provisions now in force on this subject are given 
 in full in Chapter 38 of Kurd's R. S. of 1905^ pp. 682-3. They 
 are contained in the following act : 
 
 An act to regulate the traffic in deadly weapons and to pre- 
 vent the sale of them to minors. Approved April 16, 1881. In 
 force July 1, 1881. Laws of 1881, p. 7. 
 
 The penal provisions of the act are contained in paragraphs 
 54a to 54g, pp. 682-683, Kurd's R. S. of 1905. 
 
 20
 
 306 PRACTICE IN THE MUNICIPAL COURT. 
 
 FORMS OF COMPLAINT. 
 1. HAVING IN POSSESSION OR SELLING. PAGE 682, PAR. 54a. 
 
 (1.) 
 
 did then and there have in his possession a certain (here insert 
 
 "slung-shot" or "metallic knuckles" or " ") 
 
 which said was then and there a deadly weapon, 
 
 (2.) 
 did then and there (here insert ''sell" or "give" or "loan" or 
 "hire" or "barter" or "offer to sell" or "offer to give" or 
 
 "offer to loan" or "offer to hire" or "offer to barter") to 
 
 , who was then and there within the State 
 
 of Illinois, a certain (here insert "slung-shot" or "metallic 
 
 knuckles" or " ") which said 
 
 was then and there a deadly weapon. 
 
 2. SELLING OR GIVING TO MINOR. PAGE 682, PAR, 54b. 
 
 was then and there not the father, guardian or employe of 
 
 who was then and there a minor, and did 
 
 then and there (here insert "sell" or "give" or "loan" or 
 "hire" or "barter" or "otter to sell" or "offer to give" or 
 "offer to loan" or "offer to hire" or "offer to barter") to said 
 
 within the City of Chicago, a certain 
 
 (here insert "pistol" or "revolver" or "derringer" or "Bowie 
 
 knife" or "dirk" or " ") which said 
 
 was then and there a deadly weapon and was then and there 
 capable of being secreted on the person, 
 
 3. Cx\RRYING CONCEALED WEAPONS. PAGE 683, PAR. 64d. 
 
 (1.) 
 
 did then and there carry a certain concealed weapon, to-wit: 
 
 the same being then and there a deadly 
 
 weapon, upon and about the person of him, the said 
 
 (2.) 
 ,did then and there in a (here insert "threatening" or "boister- 
 ous") manner (here insert "display" or "flourish") a certain 
 , , which was then and there a deadly weapon.
 
 STATUTORY MISDEMEANORS. 307 
 
 DISORDERLY CONDUCT. 
 
 The statutory provisions on this subject are given in full in 
 Chapter 38 of Kurd's R. S. of 1905, pp. 685-686. They are 
 contained in the following act: 
 
 An act to revise the law in relation to criminal jurisprudence. 
 Approved March 27, 1874. In force July 1, 1874. R. S. of 
 1874, p. 352. 
 
 The penal provisions of this act are found in paragraphs 55 
 to 61, pp. 685-686, Kurd's R. S. of 1905. 
 
 FORMS OF COMPLAINT. 
 
 1. DISORDERLY CONDUCT. PAGE 685, PAR. 55. 
 
 was then and there guilty of (here insert "open lewdness" or 
 ''disorderly conduct" or whatever notorious act of public in- 
 decency was committed) which said act was then and there a 
 notorious act of public indecency, then and there tending to de- 
 bauch public morals, 
 
 2. DISTURBING THE PEACE. PAGE 685, PAR. 56. 
 
 (1.) 
 
 did then and there disturb the peace and quiet of the neighbor- 
 hood around the premises known as by then 
 
 and there (here insert "making loud noises" or "making un- 
 usual noises" or "by tumultuous carriage" or "by offensive 
 carriage" or "by threatening" or "by traducing" or "by quar- 
 reling" or "by challenging to fight" or "by fighting"), 
 
 (2.) 
 did then and there carry a certain concealed weapon, to-wit: 
 
 (3.) 
 did then and there in a threatening manner display a certain 
 (here insert "pistol" or "knife" or "slung-shot" or "brass 
 
 knuckles" or "steel knuckles" or "iron knuckles" or " 
 
 "), the same being then and there a deadly 
 
 weapon,
 
 308 PRACTICE IN THE MUNICIPAL COURT. 
 
 3. KEEPING DISORDERLY HOUSE. PAGE 685, PAR. 57. 
 (1.) 
 
 did theu and there (here insert "keep" or "maintain") a (here 
 insert "house of ill-fame" or "place for the practice of prosti- 
 tution" or "place for the practice of lewdness") at premises 
 known as Street, in said city of Chicago, 
 
 (2.) 
 did theu and there patronize a certain (here insert "house" or 
 
 "place") to-wit: the premises known as in 
 
 the city of Chicago, which said (here insert "house" or 
 "place") was then and there kept for the practice of (here in- 
 sert "prostitution" or "lewdness"), 
 
 (3.) 
 did then and there let a certain (here insert "house" or "room" 
 
 or " " ) to-wit, the premises known as 
 
 in said city of Chicago, for the purpose of (here in- 
 sert "prostitution" or "lewdness"), 
 
 (4.) 
 did then and there keep a common, ill-governed and disorderly 
 house, to the encouragement of idleness, gaming, drinking and 
 fornication, 
 
 (5.) 
 
 did then and there lease to one a certain 
 
 (here insert "house," or "room" or " ") to-wit, the 
 
 premises known as in said city of Chicago, 
 
 (here insert "in whole" or "in part") for the purpose of (here 
 insert "prostitution" or "lewdness"), 
 
 4. DISTURBING RELIGIOUS MEETINGS. PAGE 686, PAR. 58. 
 
 did then and there by (here insert "menace" or "profane 
 swearing" or "vulgar language" or "disorderly conduct" or 
 "unusual conduct") (here insert "interrupt" or "disturb") a 
 
 certain assembly of people then and there met at 
 
 for the woi'ship of God,
 
 STATUTORY MISDEMEANORS. 309 
 
 (1.) 
 5. DISTURBING SCHOOL. PAGE 686, PAR. 60. 
 
 did then and there wilfully internipt a certain school then and 
 there met for a lawful purpose known as (here give name of 
 school), 
 
 6. DISTURBING FUNERAL. PAGE 686, PAR. 61. 
 
 did then and there wilfully (here insert "interrupt" or "dis- 
 turb") a certain (here insert "funeral assembly" or "funeral 
 procession"), 
 
 DIVORCE. 
 
 The statutory provisions on this subject are given in Chapter 
 40 of Kurd's R. S. of 1905, pp. 767-768. They are contained 
 in the following act: 
 
 An act to punish the offence of advertising for divorces. Ap- 
 proved April 12, 1877. In force July 1, 1877. Laws of 1877, 
 p. 95. 
 
 The penal provisions of this act are found in paragraph 21, 
 p. 767, Kurd's R. S. of 1905. 
 
 (forms OF INFORMATION OMITTED.) 
 
 DRAINAGE. 
 
 The statutory provisions on this subject are given in Chapter 
 42 of Kurd's R. S. of 1905, pp. 773-838. They are contained in 
 the following acts : 
 
 An act to provide for the construction, reparation and pro- 
 tection of drains, ditches, levees, across the lands of others for 
 agricultural, sanitary and mining purposes, and to provide for 
 the organization of drainage districts. Approved and in force 
 May 29, 1879. Laws of 1879, p. 120. 
 
 An act amendatory of the foregoing act. See Laws of 1885, 
 p. 108. 
 
 The penal provisions of these acts are found in paragraph 50, 
 p. 791, and paragraph 66, p. 797, Kurd's R. S. of 1905. 
 
 (forms of INFORMATION OMITTED.) 
 
 An act to provide for drainage for agricultural and sanitary 
 purposes and to repeal certain acts therein named. Approved 
 June 27, 1885. In force July 1, 1885. Laws of 1885, p. 77.
 
 310 PRACTICE IN THE MUNICIPAL COURT. 
 
 The penal provisions of this aet are contained in paragraph 
 84, p. 801, parajjraph 118, p. 809, paragraphs 119-121, p. 813, 
 PIurd'sR. S. of 1905. 
 
 (FORMS OF INFORMATION OMITTED.) 
 
 DRAMSHOPS. 
 
 The statutory provisions on this subject are given in Cliapter 
 43 of Hurd's R. S. of 1905, p. 838. They are contained in the 
 following acts: 
 
 An aet to provide for the licensing of and airainst the evils 
 arising from the sale of intoxicating liquors. Approved March 
 ;50, 1874. In force July 1, 1874. R. S. of 1874. 
 
 An act amendatory of the foregoing act. See Laws of 1877, 
 ]). 99 ; Laws of 1891, p. 105. 
 
 The penal provisions of these acts arc found in paragraphs 1, 
 2, 6, 6i/o, 7, 12, 13, 14 and 15, pp. 838-842, Hurd's R. S. of 1905. 
 
 FORMS OF INFORMATION. 
 1. SELLING LIQUOR VHTHOUT LICENSE. PAGE 838, PAR. 2. 
 
 (1.) 
 
 did not then and there have a license to keep a dram shop, 
 
 and did then and there sell which was then 
 
 and there intoxicating liquor, in a quantity of 
 
 a quantity then and there less than one gallon, 
 
 (2.) 
 did not then and there have a license to keep a dram shop, 
 and was then and there the keeper of certain premises, to- wit: 
 
 and did then and there sell 
 
 which was then and there intoxicating liquor, which said 
 
 was then and there to be drank upon said premises, 
 
 (3.) 
 did not then and there have a license to keep a dram shop, 
 and was then and there the keeper of certain premises, to-wit: 
 
 and did then and there sell 
 
 which was then and there intoxicating liquor, which said 
 
 was to be drank in (here insert "an adjacent room 
 
 to said premises'' or "in an adjacent building to said prem-
 
 STATUTORY MISDEMEANORS. cJll 
 
 ises" or "in an adjacent yard to said premises" or "in an adja- 
 cent premises to said premises" or "in a place of public re- 
 sort"), 
 
 2. SELLING OTHER LIQUORS HAVING LICENSE ONLY FOR MALT 
 
 LIQUORS. PAGE 839, PAR. 3b. 
 
 (1.) 
 
 then and there had a license to sell malt liquors only, and did 
 not then and there have a license to sell any intoxicating liquors 
 other than malt liquors; and did then and there (here insert 
 
 * ' sell " or " give away " ) which was then and 
 
 there an intoxicating liquor, other than malt liquor, in a quantity 
 
 of quarts, which said quantity was a quantity 
 
 less than one gallon, 
 
 (2.) 
 then and there had control and custody of premises known as 
 
 and then and there had a license to sell malt 
 
 liquors only, and did not have a license to sell any intoxicating 
 liquors other than malt liquors, and did then and there (here 
 
 insert "sell" or "give away") certain which was 
 
 then and there intoxicating liquor other than malt liquor, to be 
 drank upon (here insert "said premises" or "in a room adja- 
 cent to said premises" or "in a building adjacent to said prem- 
 ises" or "in a yard adjacent to said premises" or "in a place 
 of public resort adjacent to said premises"), 
 
 3. SELLING OR GIVING TO A MINOR OR DRUNKARD. PAGE 840, 
 
 PAR, 6. 
 
 (1.) 
 
 did then and there (here insert "sell" or "give") to one 
 
 who was then and there a minor certain 
 
 which was then and there intoxicating liquor, without the writ- 
 ten order of the (here insert "parent" or "guardian" or "fam- 
 ily physician") of him the said. . , 
 
 (2.) 
 
 did then and there (here insert "sell" or "give") to one 
 
 who was then and there intoxicated, certain 
 
 which was then and there intoxicating liquor,
 
 312 PRACTICE IN THE MUNICIPAL COURT. 
 
 (3.) 
 
 did then and there (here insert "sell" or "give") to one 
 
 who was then and there in the habit of getting in- 
 toxicated certain which was then and there 
 
 intoxicating liquor, 
 
 4. BUYING OR PROCURING FOR A MINOR. PAGE 840, PAR. G^/^, 
 
 (1.) 
 
 did then and there (here insert "buy" or "procure" or "aid 
 in procuring") certain (here insert "wine" or "rum" or 
 "brandy" or "gin" or "whisky" or "lager beer" or "hard 
 
 cider " or " alcohol " or " " ) which was then and 
 
 there (here insert "vinous" or "malt" or "spirituous" or "fer- 
 mented" or "mixed" or "intoxicating") liquor for one 
 
 who was then and there a minor, with- 
 out the written order of the parent, guardian or family physi- 
 cian of him the said (here insert name of minor), 
 
 (2.) 
 did then and there (here insert "procure" or "aid in procur- 
 ing") certain (here insert "wine" or "rum" or "brandy" or 
 "gin" or "whisky" or "lager beer" or "hard cider" or "alco- 
 hol" or "... ") for (here 
 
 insert "who was then and there intoxicated" or "who was then 
 and there in the habit of getting intoxicated"), 
 
 An act to restrict the powers of counties, cities, towns and vil- 
 lages in licensing dramshops, to provide for granting a license 
 to retail malt liquors separately, and for punishing persons hold- 
 ing such separate license for unlawful sale and gifts. Approved 
 June 16. 1883. In force July 1, 1883. Laws of 1883, p. 92. 
 
 The penal provisions of these aets are found in paragraph Sb, 
 p. 839, Hurd's R. S. of 1905. 
 
 (forms OF INFORMATION OMITTED.) 
 
 An act to regulate the sale of intoxicating liquors outside the 
 incorporated limits of cities, towns and villages. Approved May 
 4. 1887. In force July 1, 1887. Laws of 1887, p. 194. 
 
 The penal provisions of this act are found in paragraphs 16- 
 20, p. 842, Hurd's R. S. of 1905. 
 
 (FORMS OF INFORMATION OMITTED.)
 
 STATUTORY MISDEMEANORS. 313 
 
 An act prohibiting the sale, distribution or gift of intoxicat- 
 ing liquors near national homes for disabled volunteer soldiers. 
 Approved May 10, 1901. In force July 1, 1901. Laws of 1901, 
 p. 165. 
 
 The penal provisions of this act are found in paragraphs 21 
 and 22, pp. 842-843, Kurd's R. S. of 1905. 
 
 FORMS OF INFORMATION. 
 
 did then and there (here insert "sell" or "distribute" or "give 
 
 away") which said was 
 
 then and there intoxicating liquor, within one and one-eighth 
 miles of the boundary of certain lands, to-wit: (here describe 
 the lands) which said lands were then and there used as a home 
 by the National Home for disabled volunteer soldiers of the State 
 of Illinois, 
 
 An act to provide for the granting of licenses for the sale of 
 spirituous or vinous liquors and providing a penalty for a vio- 
 lation thereof. Approved May 15, 1903. In force July 1, 1903. 
 Laws of 1903, p. 16. 
 
 The penal provisions of this act are contained in paragraph 
 23, p. 843 of Kurd's R. S- of 1905. 
 
 (forms OF INFORMATION OMITTED.) 
 
 DROVERS. 
 
 The statutory provisions on this subject are given in Chapter 
 44 of Kurd's R. S. of 1905, p. 665. They are contained in the 
 following act : 
 
 An act concerning drovers. Approved March 15, 1872. In 
 force July 1, 1872. Laws of 1871-2, p. 367. 
 
 The penal provisions of this act are found in paragraph 5, 
 p. 844, Kurd's R. S. of 1905. 
 
 form OF INFORMATION. 
 
 did then and there (here insert "ride" or "drive") faster than 
 a walk (here insert "into" or "through") a herd of (here in- 
 sert "horses" or " ") which said 
 
 were then and there being (here insert "herded" or "driven"),
 
 314 PRACTICE IN THE MUNICIPAL COURT. 
 
 DRUGS. 
 
 Tlie statutory provisions on this subject are given in Chapter 
 38 of Kurd's R. S. of 1905, p. 687. They are contained in the 
 following- act : 
 
 An act to revise the law in relation to criminal jurisprudence. 
 Approved March 27, 1874. In force July 1, 1874. R. S. of 
 1874, p. 352. 
 
 The penal provisions in question are found in paragraphs 62- 
 63, p. 687, Kurd's R. S. of 1905. 
 
 FORMS OF COMPLAINT. 
 
 1. SELLING POISONOUS DRUGS WITHOUT LABEL. PAGE 687, PAR. 62. 
 
 (1.) 
 
 did then and there sell and deliver to one certain 
 
 (here insert "arsenic" or "strychnine" or "corrosive subli- 
 mate" or "prussic acid" or " a substance usually 
 
 denominated as poisonous " or " a liquid usually 
 
 denominated as poisonous") without then and there having the 
 word "poison" written or printed upon a label attached to the 
 
 (here insert "vial" or "parcel") in which said 
 
 was then and there contained, 
 
 (2.) 
 
 did then and there sell and deliver to one 
 
 certain which was then and there a (here in- 
 sert "drug" or "medicine") without having the prescription of 
 a physician therefor, and without having the nanie of said 
 (here insert "drug" or "medicine") (here insert "printed" (u- 
 "written") upon a label attached to the (here insert "vial" or 
 "parcel") then and there containing said , 
 
 2. SELLING POISONS WITHOUT PRESCRIPTION. PAGE 687, PAR. 68. 
 
 did then and there (here insert "sell" or "give away") to one 
 
 certain (here insert "arsenic" or 
 
 "strychnine" or "corrosive sublimate" or "prussic acid" or 
 
 " being a substance usually denominated as 
 
 poisonous," or " being a liquid usually
 
 STATUTORY MISDEMEANORS. Slo 
 
 denominated as poisonous") without the writteu prescription of a 
 physician, and did then and there fail to keep a record of the 
 date of such (here insert "sale" or "gift") and did then and 
 there fail to keep a record of the said (here insert "arsenic" or 
 "strychnine" or "corrosive sublimate" or "prussic acid") 
 then and there (here insert "sold" or "given away") and the 
 amount of said (here insert "arsenic" or "strychnine" or "cor- 
 rosive sublimate" or "prussic acid") then and there (here insert 
 "sold" or "given away") and did then and there fail to keep a 
 record of the person to whom said (here insert "arsenic" or 
 "strychnine" or "corrosive sublimate" or "prussic acid") was 
 then and there delivered, 
 
 DRUNKENNESS. 
 
 The statutory provisions on this subject are given in Chapter 
 38 of Kurd's R. S. of 1905, p. 687. They are contained in the 
 following act : 
 
 An act to revise the law in relation to criminal jurisprudence. 
 Approved March 27, 1874. In force July 1, 1874. R. S. of 
 1874, p. 352. 
 
 The penal provision in question is found in paragraph 64, 
 p. 687, Kurd's R. S. of 1905. 
 
 FORM OF COMPLAINT. 
 
 (1.) 
 
 was then and there intoxicated, and was then and there found 
 in a certain (here insert "street" or "highway" or "public 
 place") to-wit: , 
 
 (2.) 
 was then and thiM-e intoxicated and was then and there found 
 
 at and was then and there when so 
 
 found disturbing the peace of the public, 
 
 (3.) 
 was then and there intoxicated and was then and there found 
 
 at , and when so found^ as aforesaid, 
 
 was then and there disturbing the peace of the family of him, 
 the said in a certain private (here in-
 
 316 PRACTICE IN THE MUNICIP.VL COURT. 
 
 sert ''building" or "place") to-wit: (here describe the building 
 or place), 
 
 (4.) 
 was then and there intoxicated and was then and there found 
 
 at , and when so found, as aforesaid, 
 
 he the said was then and there found 
 
 disturbiui>- the peace of a certain family, to-wit: the family of 
 
 one in a certain private (here insert 
 
 "buildinii:" or "place"), to-wit: (here 
 
 describe the building or place), 
 
 DUELING. 
 
 The statutory provisions on this subject are given in Chapter 
 30 of Hurd's R. S. of 1905, p. 67. They are contained in the 
 following act : 
 
 An act to revise the law in relation to criminal jurisprudence. 
 Approved March 27, 1874. In force July 1, 1874. R. S. of 
 1874, p. 352. 
 
 The penal provision in question is found in paragraphs 72-3, 
 p. 688, Hurd's R. S. of 1905. 
 
 FORMS OF INFORMATION. 
 1. OFFICER FAILING TO PREVENT DUEL. PAGE 688, PAR. 72. 
 
 was then and there a (here insert "judge of the 
 
 court of county, Illinois," or "justice of the 
 
 peace of the county of Illinois," or "sheriff 
 
 of the county of Illinois," or " ") 
 
 who was then and there bound to preserve the public peace, and 
 
 he the said did then and there have knowledge 
 
 of an intention on the part of one and 
 
 one to fight with certain deadly 
 
 weapons, and he, the said did not then 
 
 and there use and exert his official authority to arrest the said 
 
 and the said r 
 
 and then and thereby prevent a duel between the said 
 
 and the said ,
 
 STATUTORY MISDEMEANORS. 317 
 
 2. PUBLISHING AS A COWARD A PERSON REFUSING TO ACCEPT 
 CHALLENGE TO DUEL. PAGE 688, PAR. 73. 
 
 (1.) 
 
 did then and there in a certain (here insert "newspaper" or 
 "written hand bill" or "printed hand bill") (here insert "pub- 
 lish" or "proclaim") one as a coward for 
 
 not accepting a challenge to fight a duel, 
 
 • (2.) 
 did then and there in a certain (here insert "newspaper" or 
 "written hand bill" or "printed hand bill") (here insert "pub- 
 lish" or "proclaim") one as a coward for 
 
 not fighting a duel, 
 
 (3.) 
 did then and there in a certain (here insert "newspaper" or 
 "written hand bill" or "printed hand bill") use certain op- 
 probrious and abusive language, to- wit, (here insert language 
 
 used) concerning one for not accepting 
 
 a challenge to fight a duel, 
 
 (4.) 
 did then and there in a certain (here insert "newspaper" or 
 "written hand bill" or "printed hand bill") use certain op- 
 probrious and abusive language, to-wit, (here insert language 
 
 used) concerning one for not 
 
 fighting a duel, 
 
 ELECTIONS. 
 
 The statutory provisions on this subject are given in Chapter 
 46 of Kurd's R. S. of 1905, pp. 852-973, and in the Laws of 1906, 
 p. 8. They are contained in the following acts : 
 
 An act in regard to elections and to provide for filling vacan- 
 cies in election offices. Approved April 3, 1872. In force July 
 1, 1872. Laws of 1871-2, p. 380. 
 
 Acts amendatory of the foregoing act. See Laws of 1874, R. 
 S. 1874, pp. 467-8; Laws of 1877, p. 100; Laws of 1881, p. 94; 
 Laws of 1885, p. 138; Laws of 1887, p. 173; Laws of 1895, p. 
 173; Laws of 1897, p. 216; Laws of 1899, p. 208; Laws of 1903, 
 p. 172 ; Laws of 1905, p. 202.
 
 318 PRACTICE IN THE MUNICIPAL CUUKT. 
 
 An act to prevent illegal voting by paupers and others in this 
 State. Approved May 25, 1877. In force July 1. 1877. Laws 
 of 1877, p. 144. 
 
 The penal provisions of these acts are found iu paragraphs 
 79, and 81-931/2, pp. 869-871 of Kurd's R. S. of 1905. 
 
 (forms op information omitted.) 
 
 An act for the registry of electors and to prevent fraudulent 
 voting. Approved and in force February 15, 1865. Laws of 
 1865, p. 54. 
 
 Acts amendatory of the foregoing acts. See R. S. 1874, pp. 
 452-471 ; Laws of 1879, p. 160. 
 
 The penal provisions of these acts are found in paragraph 
 142, pp. 877-8 of Kurd's R. S. of 1905. 
 
 (forms of information omitted.) 
 
 An act to amend an act entitled "An act regulating the hold- 
 ing of elections and declaring the result thereof in cities, vil- 
 lages, and incorporated towns, in this State, ' ' approved June 19, 
 1885, in force July 1, 1885, as amended by an act approved June 
 18, 1891, in force July 1, 1891. Approved April 24, 1899. In 
 force July 1, 1899. Laws of 1899, p. 157. 
 
 Acts amendatory of the foregoing act. See Laws of 1901. pp. 
 169, 170, 204-6 ; Laws of 1903, pp. 166-171. 
 
 The penal provisions of these acts are found in paragraphs 
 179, p. 891, paragraphs 193 and 194, pp. 895-6, paragraphs 201- 
 202, pp. 901-2, paragraph 226, p. 909, paragraph 228, p. 910, 
 paragraph 231, p. 911, paragraphs 255-258, pp. 918-9, para- 
 graph 261, p. 920. paragraphs 268-270, pp. 921-2, paragraphs 
 272-278, pp. 923-4, Kurd's R. S. of 1905. 
 
 (forms of information omitted.) 
 
 An act to provide for the printing and distribution of ballots 
 at public expense and for the nomination of candidates for pub- 
 lic offices, to regulate the manner of holding elections and to 
 enforce the secrecy of the ballot. Approved June 22, 1891. In 
 force July 1, 1891. Laws of 1891, p. 108. 
 
 Acts amendatory of the foregoing act. See Laws of 1893,
 
 STATUTORY MISDEMEANORS. 319 
 
 p. 97 ; Laws of 1897, p. 212 ; Laws of 1898, p ; Laws of 
 
 1899, p. 151; Laws of 1903, p. 174; Laws of 1905; pp. 206-10. 
 The penal provisions of these acts are found in paragraph 
 312, p. 934, and paragraphs 315-317, pp. 935-6, Kurd's R. S. of 
 1905. 
 
 (forms of information omitted.) 
 
 An act to regulate the holding of elections and declaring the 
 result thereof for town, school township and school district pur- 
 poses, where such towTi, school township or school district lies 
 wholly within or partly within and partly without any city, vil- 
 lage, or incorporated town which has adopted or may adopt an 
 act entitled "An act regulating the holding of elections and de- 
 claring the result thereof in cities, villages and incorporated 
 towns in this State," approved June 19, 1885, in force July 1, 
 1885. Approved and in force March 23, 1887. Law^s of 1887, 
 p. 175. 
 
 The penal provisions of this act are found in paragraph 329, 
 pp. 939-40, Kurd's R. S. of 1905. 
 
 (forms of complaint omitted.) 
 
 An act to regulate primary elections of voluntary political 
 associations and to punish frauds therein. Approved June 6, 
 1889. In force July 1, 1889. Laws of 1889, p. 140. 
 
 The penal provisions of this act are found in paragraphs 
 338-339, p. 841, and paragraphs 341-342, pp. 942-3, and para- 
 graph 358, p. 945, Kurd's R. S. of 1905. 
 
 (forms of information omitted.) 
 
 An act to prevent and punish illegal voting at primary elec- 
 tions. Approved June 29, 1885. In force July 1, 1885. Laws 
 of 1885, p. 187. 
 
 The penal provisions of this act are found in paragraph 361, 
 p. 945 of Kurd's R. S. of 1905. 
 
 (forms of information omitted.) 
 
 An act providing for primary elections of delegates to nomi- 
 nating conventions of political parties or organizations and to 
 provide for the purity thereof. Approved April 24, 1899. In 
 force July 1. 1899. Laws of 1899, p. 211.
 
 320 PRACTICE IN THE MUNICIPAL COURT. 
 
 An act amendatory of the foregoing act. See Laws of 1901, 
 p. 197. 
 
 The penal provisions of these acts are found in paragraph 
 365, p. 945, paragraph 367, p. 946 and paragraph 377, p. 948 
 of Kurd's R. S. of 1905. 
 
 (forms of information OMITTED.) 
 
 An act to amend an act entitled "An act providing for pri- 
 mary elections of delegates to nominating conventions of politi- 
 cal parties or organizations and to promote the purity thereof 
 by regulating the conduct thereof and to support the privileges 
 of free suffrage thereat by prohibiting certain acts and prac- 
 tices in relation thereto and providing for the punishment there- 
 of," approved and in force February 10, 1898. Approved May 
 11, 1901. In force July 1, 1901. Laws of 1901, p. 173. 
 
 An act amendatory of the foregoing act. See Laws of 1903, 
 p. 177. 
 
 The penal provisions of these acts are found in paragraphs 
 404, 407 and 408, p. 962, paragraphs 410 and 412-419, pp. 963-5, 
 paragraphs 421-422, p. 965, Kurd's R. S. of 1905. 
 
 (forms OF INFORMATION OMITTED.) 
 
 An act to provide for the use of voting machines at elections, 
 for casting, registering, recording and counting ballots or votes, 
 Also creating a board of voting machine commissioners and 
 defining its duties. Approved May 14, 1903. In force July 1, 
 1903. Laws of 1903, p. 178. 
 
 The penal provisions of this act are found in paragraph 448, 
 pp. 972-3, Kurd's R. S. of 1905. 
 
 (forms of INFORMATION OMITTED.) 
 
 An act to provide for the holding and regulation of primary 
 elections of delegates to nominating conventions, for the holding 
 of such conventions, filling vacancies and fixing penalties for the 
 violation of the privileges thereof. Approved May . ., 1906. In 
 force July 1, 1906. Laws of 1906, p 
 
 The penal provisions of this act are found in section 61, p. . , . 
 
 (forms of information OMITTED.)
 
 STATUTORY MISDEMEANORS. 321 
 
 EMBEZZLEMENT. 
 
 The statutory provisions on this subject are given in Chapter 
 38 of Hurd's R. S. of 1905, pp. 688-90. They are contained in 
 the following act : 
 
 An act to revise the law in relation to criminal jurisprudence. 
 Approved March 27, 1874. In force July 1, 1874. R. S. of 
 1874, p. 352. 
 
 An act amendatory of the foregoing act. See Laws of 1903, 
 p. 156. 
 
 The penal provisions of these acts are found in paragraphs 
 74-79, inclusive, 81, 81a and 82, pp. 688-90, Kurd's R. S. of 1905. 
 
 1. EMBEZZLEMENT UNDER PAGE 688, PAR. 74. 
 (1.) 
 
 then and there fraudulently and feloniously did embezzle and 
 fraudulently convert to his own use a large amount of personal 
 goods, funds, money and property, to-wit : One United States of 
 America treasury note of the denomination of ten dollars, of 
 the value of ten dollars ; one United States of America treasury 
 note of the denomination of five dollars, of the value of five 
 dollars; seven current United States of America treasury notes 
 of the denomination of two dollars, of the value of two dollars 
 each; sundry current bank bills, commonly called national cur- 
 rency, issued by certain national banks, the bank of issue being 
 to (here insert "said state's attorney" or "said informant") 
 unknown, of divers denominations, the denominations being to 
 said (here insert "state's attorney" or "informant") unknown, 
 of the amount and value, in all of (here insert a number of 
 dollars not to exceed $15) dollars; sundry current bank bills, 
 commonly called "Greenbacks" issued by the Treasury of the 
 United States of America, of different denominations, the de- 
 nominations being to said (here insert "state's attorney" or "in- 
 formant") unknown, of the amount and value, in all of (here 
 insert a number of dollars and cents not exceeding $15) dol- 
 lars ; fourteen pieces of silver, current coin of the United States 
 of America, called "one dollar" of the value of one dollar 
 21
 
 322 PUACTICE IN THE ilUNICIP.VL COURT. 
 
 each; twenty-nine pieces of silve/, current coin of the United 
 States of America, caHed "half dollars," of the value of fifty 
 cents each ; fifty -nine pieces of silver, current coin of the United 
 States of America, called "quarter," of the value of twenty- 
 five cents each ; one hundred and forty-nine pieces of silver, cur- 
 rent coin of the United States of America, called "one dime" 
 of the value of ten cents each; two hundred and ninety-nine 
 pieces of silver, current coin of the United States of America, 
 called "half-dimes" of the value of five cents each; two 
 hundred and ninety-nine pieces of nickel, current coin of the 
 United States of America, called "five cents" of the value of 
 five cents each; one piece of gold, current coin of the United 
 States of America, called "ten dollars," of the value of ten 
 dollars ; two pieces of gold, current coin of the United States of 
 America, called "five dollars," of the value of five dollars 
 each; five pieces of gold, current coin of the United States of 
 America, called "two dollars and fifty cents," of the value of 
 two dollars and fifty cents each ; fourteen pieces of gold, current 
 coin of the United States of America, called "one dollar" of 
 the value of one dollar each, the personal goods, funds, money 
 
 and property of Company, 
 
 then and there being a corporation, organized and incorporated 
 under and by virtue of the laws of the State of Illinois, which 
 said personal goods, funds, money and property, then and there 
 were delivered to him, the saidr , where- 
 by, and by force of the statute in such case made and provided, 
 
 the said is deemed to have committed 
 
 the crime of larceny, and so the (here insert the name of the 
 state's attorney or informant) gives the court to be informed and 
 
 understand that the said then and there, 
 
 in the manner and form as aforesaid, the personal goods, funds, 
 
 money and property of the said , organized 
 
 and incorporated, as aforesaid, from the said 
 
 , organized and incorporated as aforesaid, then and there 
 
 being found, did then and there feloniously steal, take and carrj' 
 away 
 
 (2.) 
 
 then and there fraudulently and feloniously did embezzle and 
 fraudulently convert to his own use a large amount of personal 
 goods, funds, money and property, to-wit: (here insert the de-
 
 STATUTORY MISDEMEANORS. 323 
 
 scription of money as in Section 74) the personal goods, funds, 
 
 money and property of Company, then 
 
 and there being a corporation organized and incorporated under 
 and by virtue of the laws of the State of Illinois, then and 
 
 tnere having been intrusted to said , 
 
 by the said a corporation as aforesaid, 
 
 with intent feloniously to steal, take and carry away the same, 
 whereby, and by force of the statute in such case made and pro- 
 vided, the said is deemed to have committed 
 
 the crime of larceny, and so the said (here insert the name of the 
 state's attorney or the name of the informant) gives the court to 
 
 be informed and understand that the said 
 
 then and there, in manner and form aforesaid, the said personal 
 
 goods, funds, money and property of the said 
 
 , organized and incorporated as aforesaid, from 
 
 the said , organized and incor- 
 porated, as aforesaid, then and there being found, did then and 
 there feloniously steal, take and carry away, 
 
 2. EMBEZZLEMENT BY OFFICERS OF CORPORATIONS. PAGE 688, 
 
 PAR. 75. 
 
 (1.) 
 
 was then and there an (here insert "officer" or "agent" or 
 
 "clerk" or "servant") of Company, 
 
 which said Company was then and there a corporation organ- 
 ized, and incorporated under and by virtue of the laws of the 
 State of Illinois, fraudulently and feloniously, without the con- 
 sent of his company, and then and there did embezzle and fraudu- 
 lently convert to his own use, a large amount of personal goods, 
 funds, money and property, to-wit : (here insert a description of 
 the money, if money is takeUj in the same language as the form 
 for Section 74) the personal goods, funds, money and personal 
 
 property of Company, then and there being a 
 
 corporation organized and incorporated, as aforesaid, which said 
 personal goods, funds, money and property had then and there 
 
 come into the possession of the said 
 
 by virtue of said (here insert "office" or "employment") 
 whereby and by force of the statute in such case made and 
 
 provided, the said is deemed to have 
 
 committed the crime of larceny, and so the (here insert the name
 
 324 PRACTICE IN THE MUNICIPAIi COURT. 
 
 of the state's attorney or the informant) gives the court to be 
 
 informed and understand that the said 
 
 then and there in manner and form aforesaid, the said personal 
 
 goods, funds, money and property of the said 
 
 organized and incorporated as aforesaid, 
 
 from the said , organized and in- 
 corporated as aforesaid, then and there being found, did then 
 and there feloniously steal, take and carry away, 
 
 (2.) 
 was then and there a (here insert * * clerk, " " agent, " " servant, ' ' 
 or "apprentice") of (here insert name or names of person or 
 
 persons or " and , then and there 
 
 copartners, and doing business under the name of 
 
 , " or " Society ") and then and there 
 
 fraudulently and feloniously, without the consent of his (here 
 insert "employer" or "master," mentioning them by name) did 
 embezzle and fraudulently convert to his own use, a large 
 amount of personal goods, funds, money and property, to-wit: 
 (here insert, if money, the description of the money as it appears 
 in the form under Section 74) of the personal goods, funds, 
 money and property of (here insert the name of the pereon, co- 
 partnership or society from whom the property was talcen) 
 which said personal goods, funds, money and property had 
 
 theretofore come into the possession of the said 
 
 whereby and by force of the statute in such case made and 
 provided, the said is deemed to have com- 
 mitted the crime of larceny, and so (here insert the name of the 
 state's attorney or of the informant) gives the court to be in- 
 formed and understand that the said 
 
 then and there, in manner and form aforesaid, the said per- 
 sonal goods, funds, money and property of the said 
 
 from the said then and 
 
 there being found, did then and there feloniously steal, take and 
 carry away, 
 
 (3.) 
 (When the offense is taking and secreting of property with in- 
 tent to embezzle, follow the same form, substituting the words 
 "did then and there take and secrete, with intent to then and 
 there embezzle, and fraudulently convert to his o^vn use.")
 
 STATUTORY MISDEMEANORS. 325 
 
 3. EMBEZZLEMENT BY BANKER, BANK OFFICER OR AGENT. PAGE 
 
 688, PAR. 76. 
 
 (forms of INFORMATION OMITTED.) 
 
 ' 4. EMBEZZLEMENT BY WAREHOUSEMAN. PAGE 689, PAR. 78. 
 (forms OF INFORMATION OMITTED.) 
 
 5. EMBEZZLEMENT BY ATTORNEYS AND OTHER OFFICERS. PAGE 
 
 689, PAR. 79. 
 
 (forms op INFORMATION OMITTED.) 
 
 6. EMBEZZLEMENT BY PUBLIC OFFICER IN LOANiNG AND USING 
 
 PUBLIC FUNDS. PAGE 689, PAR. 21. 
 
 (forms of INFORMATION OMITTED.) 
 
 7. EMBEZZLEMENT BY ADMINISTRATOR, EXECUTOR, ETC., FAILING 
 
 TO ACCOUNT FOR OR PAY OVER. PAGE 689, PAR. 21 A. 
 
 (forms OF INFORMATION OMITTED.) 
 
 EMPLOYMENT. 
 
 The statutory provisions on this subject are given in Chapter 
 48 of Kurd's R. S. of 1905, pp. 1011-26. They are contained in 
 the following acts: 
 
 An act to provide for the weekly payment of wages by cor- 
 pwrations. Approved April 23, 1891. In force July 1, 1891. 
 Laws of 1891, p. 213. 
 
 The penal provisions of this act are found in paragraphs 13, 
 14 and 15, pp. 1012-13, Kurd's R. S. of 1905. 
 
 (forms of INFORMATION OMITTED.) 
 
 An act to regulate and enforce the payment of wages due 
 laborers, servants and employes from corporations doing busi- 
 ness in this state. Approved May 14, 1903. In force July 1, 
 1903. Laws of 1903, p. 198. 
 
 The penal provisions of this act are found in paragraphs 18 
 and 19, p. 1014, Kurd's R. S. of 1905. 
 
 (forms op INFORMATION OMITTED.)
 
 326 PRACTICE IN THE MUNICIPAL COURT. 
 
 An act to regulate the employment of children in the State of 
 Illinois and to provide for the enforcement thereof. Approved 
 May 15, 1903. In force July 1, 1903. Laws of 1903, p. 187. 
 
 The penal provisions of this act are found in paragraph 20w, 
 pp. 1017-8 of Kurd's R. S. of 1905. 
 
 FORMS OF COMPLAINT. 
 (1.) 
 
 then and there had under his control one , 
 
 who was then and there a child under the age of sixteen years, 
 
 and did then and there permit said 
 
 to be employed at (here insert "sewing belts" or "in assisting 
 to sew belts," or "in adjusting a certain belt to certain machin- 
 ery," or "in oiling machinery," or "in assisting in oiling ma- 
 chinery," or "in assisting in wiping machinery," or "in cleaning 
 machinery," or "in operating a circular saw," or "in operating 
 a certain band saw," or "in assisting to operate a certain circu- 
 lar saw," or "in assisting to operate a certain band saw," or 
 "in operating a certain wood shaper," or "in assisting in oper- 
 ating a certain wood shaper," or "in operating a certain wood- 
 joiner," or "in assisting in operating a certain wood-joiner," or 
 ' ' in operating a certain planer, " or "in assisting in operating a 
 certain planer, " or " at certain paper machinery, " or " at certain 
 wood polishing machinery," or "at emery wheels," or "at 
 polishing wheels," or "at sheet metal manufacturing," or "at 
 tinware manufacturing," or "at certain stamping machinery in 
 a washer and nut factory," or "in operating corrugating rolls, 
 which are then and there used in roofing factories," or "in opera- 
 ting a certain passenger elevator," or "in operating a certain 
 freight elevator, " or " at a certain steam boiler, " or " at certain 
 steam machinery," or "at a certain steam generating appa- 
 ratus," or "as a pin boy in a certain bowling alley," or "in 
 operating certain dough brakes," or "in assisting in operating 
 certain dough brakes," or "in operating certain cracker ma- 
 chinery," or "in assisting in operating certain cracker machin- 
 erj%" or "at certain wire straightening machinery," or "at cer- 
 tain iron straightening machinery," or "in operating certain 
 rolling mill machinery," or "in assisting in operating certain
 
 STATUTORY MISDEMEANORS. 327 
 
 rolling mill machinery," or ''at certain punclies," or "at cer- 
 tain shears," or "at certain wash calendar rolls in a rubber 
 manufactory, " or " in grinding calendar rolls in a rubber manu- 
 factory, " or "in mixing calendar rolls in a rubber manu- 
 factory," or "in operating laundry machinery," or "in assist- 
 ing in operating laundry machinery," or "in preparing a cer- 
 tain composition in which certain dangerous (or "poisonous") 
 
 acids, to-wit : were then and there used, ' ' or 
 
 "at the manufacture of paints," or "at the manufacture of col- 
 ors, " or "at the manufacture of white lead, " or " in operating a 
 certain passenger elevator," or "in operating a certain freight 
 elevator," or "in assisting to opei'ate a certain passenger ele- 
 vator," or "in assisting to operate a certain freight elevator," 
 or "in manufacturing certain goods then and there used for im- 
 moral purposes, to-wit : " or " at a certain 
 
 employment then and there dangerous to the life of said 
 
 , " or " at a certain emplojTnent 
 
 then and there dangerous to the limb of said 
 
 , " or " at a certain employment where the health 
 
 of said , might be injured, " or " at a 
 
 certain employment where the morals of said 
 
 might be depraved," or "in a certain theater, to-wit: 
 
 , " or " in a certain concert hall, to-wit : 
 
 ," or "at a certain place of amusement, 
 
 to-wit : , wherein intoxicating liquors 
 
 were then and there sold," or "at a certain employment, to- 
 wit : , which said employment then 
 
 and there compelled said to stand con- 
 stantly"), 
 
 (2.) 
 
 did then and there employ one , who was 
 
 then and there a child under the age of sixteen years, and of 
 
 about the age of years, and then and there had 
 
 l)een under the control of him, the said , a certain 
 
 f{ge and school certificate, the property of said , 
 
 -and did then and there fail to produce to (here insert "one 
 
 , inspector of factories for the State of 
 
 Illinois," or "one , the assistant of 
 
 then and there the inspector of 
 
 factories of the State of Illinois," or "one
 
 328 PEACTICE IN THE MUNICIPAL COURT. 
 
 who was then and there the deputy of , 
 
 then and there the inspector of factories of the State of Illi- 
 nois"), said age and school certificate being then and there de- 
 manded from the said by said 
 
 (3.) 
 was then and there a person having the authority to sign a cer- 
 tain school certificate for one , and 
 
 did then and there certify in a certain certificate by him then 
 and there signed, a certain materially false statement therein, 
 to-wit: (here insert the false statement), whereas in truth and 
 in fact (here insert the true statement), 
 
 An act to regulate the manufacture of clothing, wearing 
 apparel and other articles in this State, and to provide for the 
 appointment of State inspectors to enforce the same, and to 
 make an appropriation therefor. Approved June 17, 1893. In 
 force July 1, 1893. Laws of 1893, p. 69. 
 
 An act amendatory of the foregoing act. (See Laws of 1903, 
 p. 193.) 
 
 The penal provisions of these acts are found in paragraph 28, 
 p. 1019 of Kurd's R. S. of 1905. 
 
 FORMS OF COMPLAINT. 
 (1-) 
 
 that a certain (here insert "room" or ** rooms" or "apart- 
 ment" or "apartments" in a certain tenement (or "dwell- 
 ing house") ), then and there located at No 
 
 street, in the City of Chicago was then 
 
 and there being used for (here insert "eating" or "sleeping") 
 purposes, and the said (here insert the name of the defendant) 
 did then and there use said (here insert "room" or "rooms", 
 or "apartment", or "apartments"), in whole or in part, for 
 the manufacture of (here insert "coats" or "trousers" or 
 "knee-pants" or "over-alls" or "cloaks" or "shirts" or "ladies' 
 waists" or "purses" or "feathei*s" or "artificial flowers" or 
 
 "cigars") by certain persons, to-wit: , who 
 
 were not then and there the immediate members of the family 
 living in said (here insert "room" or "rooms" or "apartment" 
 or "apartments"),
 
 STATUTORY MISDEMEANORS. 329 
 
 did then and there use a certain (here insert "room" or "rooms" 
 or "apartments") in a certain tenement (or "dwelling 
 house") for the manufacture of (here insert "coats" or 
 "trousers" or "knee-pants" or "over-alls" or "cloaks" or 
 "shirts" or "ladies' waists" or "purses" or "feathers" or "ar- 
 tificial flowers" or "cigars") and did then and there neglect to 
 keep said (here insert "room" or "rooms" or "apartment" or 
 "apartments") in a cleanly state, 
 
 (3.) 
 did then and there use a certain (here insert "room" or 
 "rooms" or "apartment" or "apartments") in a certain (here 
 insert "tenement" or "dwelling house") for the manufacture 
 of (here insert "coats" or "trousers" or "knee-pants" or 
 "over-alls" or "cloaks" or "shirts" or "ladies' waists" or 
 "purses" or "feathers" or "artificial flowers" or "cigars") and 
 did then and there fail to notify the board of health of the 
 location of such workshop and the nature of the work there 
 carried on, and of the number of persons therein employed, 
 
 An act to regulate the employment of children in the State of 
 Illinois and to provide for the enforcement thereof. Approved 
 June 9, 1897. In force July 1, 1897. Laws of 1897, p. 90. 
 
 The penal provisions of these acts are found in paragraph 41, 
 p. 1021, Kurd's R. S. of 1905. 
 
 1. EMPLOYING CHILD UNDER FOURTEEN. PAGE 1018, PAR. 24. 
 
 (1.) 
 
 did then and there employ one , who 
 
 was then and there a child under the age of 14 years, at the 
 
 premises known as No , street, 
 
 in the City of Chicago, in a certain (here insert "manufacturing 
 establishment" or "factory" or "workshop"), which said (here 
 insert "manufacturing establishment" or "factory" or "work- 
 shop"), was then and there located at said No , 
 
 street, in said city of Chicago, 
 
 (2.) 
 was then and there the (here insert "agent" or "manager") of 
 
 , then and there a corporation, 
 
 which said then and there employed
 
 oSO PKACTICE IN THE MUNICIPAL COURT. 
 
 children, aiid the said did then and 
 
 there fail to keep a register in which to be recorded the name, 
 birthplace, age and place of residence of every person employed 
 
 by him, the said , under the age of 
 
 sixteen years, 
 
 (3.) 
 was then and there (here insert "a firm" or "a corporation" or 
 "an agent of a firm" or "an agent of a corporation" or "a 
 manager of a firm" or "a manager of a corporation"), and then 
 and there had control of a certain (here insert "manufacturing 
 establishment" or "factory" or "workshop") located at No. . . 
 
 street, in said city of Chicago, which said 
 
 , then and there a (here insert 
 
 "firm" or "corporation") did then and there employ children, 
 
 and did then and there employ one , who 
 
 was then and there a child over the age of fourteen years, and 
 under the age of sixteen years, without there first having been 
 provided and placed on file an affidavit made by the (here insert 
 "parent" or "guardian") of said , stat- 
 ing the age, date and birthplace of said 
 
 (4.) 
 was then and there (here insert "a firm" or "a corporation" or 
 "an agent of a firm" or "an agent of a corporation" or "a 
 manager of a firm" or "a manager of a corporation"), and then 
 and there had control of a certain (here insert "manufacturing 
 establishment" or "factory" or "workshop") located at No. . . 
 
 street, in the City of Chicago, which 
 
 said , then and there a (here 
 
 insert "firm" or "corporation") did then and there employ 
 
 children, and did then and there employ one 
 
 , who was then and there a child over the age of 
 
 fourteen years and under the age of sixteen years, and did then 
 and there fail to keep on file an affidavit made by the (here in- 
 sert "parent" or "guardian") of said , 
 
 stating the age, date and birthplace of said 
 
 (5.) 
 was then and there (here insert "a firm" or "a corporation" or 
 "an agent of a firm" or "an agent of a corporation" or "a
 
 STATUTORY MISDEMEANORS. 331 
 
 manager of a firm" or "a manager of a corporation"), and then 
 and there had control of a certain (here insert "manufacturing 
 establishment" or "factory" or "workshop") located at No. . . 
 
 street, in the City of Chicago, which said 
 
 , then and there a (here insert ' ' firm ' ' 
 
 or "corporation") did then and there employ children, and did 
 
 then and there employ one , who was 
 
 then and there a child over the age of fourteen years and under 
 the age of sixteen years, and did then and there fail to produce 
 n certain register which was supposed to contain the name, birth- 
 place, age and place of residence of every person employed 
 
 by , under the age of sixteen years 
 
 for inspection by , then and there 
 
 the (here insert "state factory inspector," or "assistant state 
 factory inspector," or "deputy state factoiy inspector") de- 
 mand therefor having been then and there made by said 
 
 2. FAILING TO POST NOTICE STATING HOURS OF LABOR. PAGE 1019, 
 
 PAR. 26. 
 
 (1.) 
 
 did then and there employ females in a certain (here insert 
 "manufacturing establishment" or "factory" or "workshop") 
 and did then and there fail to post and keep posted in a conspic- 
 uous place in every room where such female was employed, a 
 printed notice stating the hours for each day of the week within 
 which work was required of such female persons, 
 
 (2.) 
 ■did then and there employ in a certain (here insert "manu- 
 facturing establishment" or "factory" or "workshop") then 
 
 and there located at No , street, in 
 
 the City of Chicago, children under the age of sixteen years, and 
 did then and there fail to post and keep posted in a conspicuous 
 place in every room where such children under the age of sixteen 
 years were then and there employed, a list of the names, ages 
 and places of residence, of said children so employed in said 
 room, as aforesaid,
 
 332 PRACTICE IN THE MUNICIPAL COURT. 
 
 3. EMPLOYING CHILD UNDER FOURTEEN YEARS. PAGE 1020, PAR. 33. 
 
 did then and there employ one , who 
 
 was then and there a child under the age of fourteen years to 
 work for wages at the occupation of 
 
 4. FAILING TO KEEP REGISTER OP CHILDREN UNDER FOURTEEN 
 
 YEARS. 
 
 (1.) 
 
 did then and there employ minors in a certain (here insert "mer- 
 cantile institution" or "store" or "office" or "laundry" or 
 "manufacturing establishment" or "factory" or "workshop") 
 within the State of Illinois, and did then and there fail to keep 
 a register in said (here insert "mercantile institution" or 
 "store" or "office" or "laundry" or "manufacturing establish- 
 ment" or "factory" or "workshop") in which there were re- 
 corded the names, ages and place of residence of every child em- 
 ployed or permitted or suffered to work therein, under the age 
 of sixteen years, 
 
 (2.) 
 did then and there employ minors in a certain (here insert 
 "mercantile institution" or "store" or "office" or "laundry" or 
 "manufacturing establishment" or "factory" or "workshop"), 
 within the State of Illinois, and did then and there (here insert 
 
 "hire" or "employ" or "permit" or "suffer") one 
 
 , who was then and there under the age of 
 
 sixteen years and over the age of fourteen years to work in said 
 (here insert "mercantile institution" or "store" or "office" or 
 "laundry" or "manufacturing establishment" or "factory" or 
 "workshop") without there having first been provided and 
 placed on file in said (here insert "mercantile institution" or 
 "store" or "office" or "laundry" or "manufacturing establish- 
 ment" or "factory" or "workshop") an affidavit made by the 
 
 (here insert "parent" or "guardian") of the said 
 
 stating the name, date and place of birth of the said 
 
 (3.) 
 did then and there employ minors in a certain (here insert "mer- 
 cantile institution" or "store" or "office" or "laundry" or 
 "manufacturing establishment" or "factory" or "workshop")
 
 STATUTORY MISDEMEANORS. 333 
 
 within the State of Illinois, and did then and there fail to pro- 
 duce and show for inspection to one , who 
 
 was then and there the (here insert "state factory inspector 
 of the State of Illinois" or "assistant state factory inspector of 
 the State of Illinois" or "deputy state factory inspector of the 
 State of Illinois") a certain (here insert "register containing 
 the names, ages, and place of residence of every child ("em- 
 ployed" or "permitted" or "suffered") to work in said (here 
 insert "mercantile institution" or "store" or "office" or "laun- 
 dry" or "manufacturing establishment" or "factory" or 
 "workshop") or "affidavit stating the name, date and place of 
 
 birth of one , who was then and 
 
 there employed (or "permitted to work" or "suffered to work") 
 in said (here insert "mercantile institution" or "store" or 
 "office" or "laundry" or "manufacturing establishment" or 
 "factory" or "workshop") ), 
 
 5. FAILING TO KEEP POSTED A LIST OF PERSONS UNDER SIXTEEN 
 
 YEARS. PAGE 1021, PAR. 35. 
 
 did then and there (here insert "employ" or "permit to work" 
 or "suffer to work") children under the age of sixteen years 
 and over the age of fourteen years in a certain (here insert 
 "mercantile institution" or "store" or "office" or "laundry" 
 or "manufacturing establishment" or "factory" or "work- 
 .shop"), and did then and there fail to post and keep posted in 
 
 a conspicuous place in every room in said , 
 
 in which said children were then and there (here insert "em- 
 ployed" or "permitted to work" or "suffered to work") a list 
 containing the name, age, and place of residence of every per- 
 son under the age of sixteen years (here insert "employed" or 
 "permitted to work" or "suffered to work") in said room, 
 
 6. PERMITTING PERSONS UNDER SIXTEEN YEARS TO WORK MORE 
 
 THAN TEN HOURS IN ONE DAY. PAGE 1021, PAR. 36. 
 
 did then and there (here insert "employ" or "suffer to work") 
 
 one , who was then and there under 
 
 the age of sixteen years at a certain gainful occupation, to-wit: 
 
 the occupation more than (here insert "sixty 
 
 hours in one week" or "ten hours in one day"),
 
 334 PRACTICE IN TIIE MUNICIPAL COURT. 
 
 7. PERMITTING CHILD UNDER SIXTEEN YEARS TO WORK AT EXTRA 
 HAZARDOUS EMPLOYMENT. PAGE 1021, PAR. 38. 
 
 (1.) 
 
 did then and there (here insert "employ" or "permit to work"" 
 
 or "suffer to work") one , who was then 
 
 and there a child under the age of sixteen years, at a certain 
 
 extra hazardous employment, to-wit : the employment of 
 
 , whereby the (here insert "life" or "limb") 
 
 of said was then and there endangered, 
 
 (2.) 
 did then and there (here insert "employ" or "permit to work" 
 
 or "suffer to work") one , who was 
 
 then and there a child under the age of sixteen years at a cer- 
 tain extra hazardous employment to-wit, the employment of 
 
 whereby the health of said 
 
 was then and there likely to be injured, 
 
 (3.) 
 
 did then and there (here insert "employ" or "permit to work" 
 
 or "suffer to work") one , who 
 
 was then and there a child under the age of sixteen years, at a 
 certain extra hazardous employment to-wit, the employment of 
 
 whereby the morals of said 
 
 might then and thereby be depraved, 
 
 An act to compel the use of blowers upon metal polishing ma- 
 chinery. Approved June 11, 1897. In force July 1, 1897. 
 Laws of 1897, p. 250. 
 
 The penal provisions of this act are found in paragraph 48, p- 
 1023 of Kurd's R. S. of 1905. 
 
 FORM OP COMPLAINT. 
 
 1. FAILING TO HAVE BLOWERS UPON METAL POLISHING MACHIN- 
 ERY. PAGE 1022, PAR. 43. 
 
 did then and there operate a (here insert "factory" or "work- 
 shop") where (here insert "emery wheels" or "emery belts" or 
 "solid emery wheels" or "leather covered emery wheels" or 
 "felt emery wheels" or "canvas emeiy wheels" or "linen
 
 STATUTORY MISDEMEANORS. 335 
 
 emery wheels" or "paper emery wheels" or "cotton emery 
 wheels" or "wheels rolled with emery" or "wheels rolled with 
 corundum" or "belts rolled with emery" or "belts rolled with 
 corundum" or "wheels coated with emery" or "wheels coated 
 with corundum" or "belts coated with emery" or "belts coated 
 with corundum" or "cotton wheels used as buffs") were then 
 and there used, and did then and there neglect to provide said 
 
 with a blower or apparatus placed over 
 
 said wheels (or "belts") and be- 
 side or under said wheel, in such a manner 
 
 as to protect the person using the same from particles of dust 
 produced and caused by said wheel, and to carry away the dust 
 arising from or thrown oif by said wheel in operation direct- 
 ly to the outside of the building, or to some receptacle placed so 
 as to receive and confine said dust, 
 
 2. OPERATING WHEELS NOT FITTED, HOODED, ETC. PAGE 1022. 
 
 PAR. 44. 
 
 did then and there operate a certain (here insert "factory" or 
 "workshop") where (here insert "emery wheels" or "emery 
 belts" or "solid emery wheels" or "leather covered emery 
 wheels" or "felt emery wheels" or "canvas emery wheels" or 
 "linen emery wheels" or "paper emery wheels" or "cotton em- 
 ery wheels" or "wheels rolled with emery" or "wheels rolled 
 with corundum" or "belts rolled with emery" or "belts rolled 
 with corundum" or "wheels coated with emery" or "wheels 
 coated with corundum" or "belts coated with emery" or "belts 
 coated with corundum" or "cotton wheels used as buffs") were 
 then and there being used, and did then and there fail to fit a 
 certain ("belt" or "wheel") with (here insert "a sheet of cast 
 iron" or "hood" or "hopper") of such form and so applied to 
 said (here insert "wheel" or "belt") that the dust or refuse 
 therefrom would fly from said (here insert "belt" or "wheel") 
 or would be drawn into said hood or hopper by centrifugal force 
 and be carried off by a current of air into a suction pipe attached 
 to said hood or hopper, 
 
 3. FAILING TO PROVIDE SUCTION PIPES. PAGE 1022, PAR. 45. 
 
 did then and there operate a (here insert "factory" or "work- 
 shop") where (here insert "emery wheels" or "emery belts" or
 
 336 PRACTICE IN THE MUNICIPAL COURT. 
 
 "solid emery wheels" or "leather covered emerj^ wheels*' or 
 "felt emery wheels" or "canvas emery wheels" or "linen emery 
 wheels" or "paper emery wheels" or "cotton emery wheels" or 
 wheels rolled with emery" or "wheels rolled with corundum" or 
 'belts rolled with emery", or "belts rolled with corundum" or 
 ' ' wheels coated with emery " or " wheels coated with corundum ' ' 
 or "belts coated with emery" or "belts coated with corundum" 
 or "cotton wheels used as buffs") were then and there being 
 used, and did then and there fail to provide a certain wheel less 
 than six inches in diameter with a three-inch suction pipe, 
 
 An act prohibiting the use of deception, misrepresentation, 
 false advertising and false pretenses, and unlawful force in the 
 procuring of employes to work in any department of labor in this 
 State and fixing penalties, criminal and civil, for violation there- 
 of. Approved April 24, 1899, In force July 1, 1899. Laws 
 of 1899, p. 139. 
 
 The penal provisions of this act are found in paragraph 50, 
 p. 1023 of Hurd's R. S. of 1905. 
 
 (forms of COMPLAINT OMITTED.) 
 
 An act relating to employment oflBces and agencies. Ap- 
 proved and in force May 11, 1903. Laws of 1903, p. 104. 
 
 The penal provisions of this act are found in paragraph 59, 
 p. 1025 of Hurd's R. S. of 1905. 
 
 forms of information. 
 
 1. charging fee to persons applying for employment at 
 free employment agency. page 1025, par. 59. 
 
 was then and there a (here insert "superintendent" or "as- 
 sistant superintendent" or "clerk") of one Illinois Free Em- 
 ployment Office, located in the City of Chicago, County of Cook 
 and State of Illinois, and did then and there (here insert 
 
 "charge" or "receive") from one who then 
 
 and there applied for employment through said Illinois Free 
 
 Employment Office, the sum of dollars, as a 
 
 (here insert "fee" or "compensation") from said (here insert 
 
 " "or "the representative of said 
 
 "),
 
 STATUTORY MISDEMEANORS. 337 
 
 2. OPERATING EMPLOYMENT AGENCY FOR HIRE WITHOUT LICENSE. 
 PAGE 1025, PAR. 61. 
 
 did then and there (here insert "open" or "operate" or "main- 
 tain") a private employment agency (here insert "for hire" 
 or "where a fee was charged to either applicant for employment 
 or for help") without first obtaining a license for said private 
 employment agency from the Commissioners of Labor of the 
 State of Illinois, 
 
 3. FAILING TO KEEP LICENSE POSTED. 
 
 did then and there (here insert "open," "operate" or "main- 
 tain") a private employment agency for hire, and did then and 
 there have a license for said private employment agency for hire 
 from the Commissioners of Labor of the State of Illinois, and 
 did then and there (here insert "open" or "operate" or "main- 
 tain") a private employment agency (here insert "for hire" 
 or ' ' where a fee was charged to either applicant for employment 
 or for help"), and did then and there fail to post and keep 
 ■posted in a conspicuous place in said employment agency the li- 
 cense obtained from the Commissioners of Labor of the State of 
 Illinois so to conduct said employment agency. 
 
 4. PRINTING NAME SIMILAR TO THAT OP ILLINOIS FREE EMPLOY- 
 MENT AGENCY. 
 
 did then and there (here insert "open," "operate" or main- 
 tain") a private employment agency for hire, and did then and 
 there have a license for said private employment agency for hire 
 from the Commissioners of Labor of the State of Illinois, and 
 did then and there (here insert "open" or "operate" or "main- 
 tain") a private employment agency (here insert "for hire" or 
 ' ' where a fee was charged to either applicant for employment or 
 for help") and did then and there (here insert "print" or 
 "publish" or "paint") on a certain (here insert "sign" or 
 "window") a name similar to that of the Illinois Free Employ- 
 ment Office, to- wit : 
 
 (2.) 
 did then and there (here insert "open," "operate" or "main- 
 tain") a private employment agency for hire, and did then and
 
 '6'6b PRACTICE IN THE MUNICIPAL COURT. 
 
 there have a license for said Private Employment Agency for 
 liire from the Commissionei-s of Labor of the State of Illinois, 
 and did then and there (here insert "open" or "operate" or 
 "maintain" a private employment agency (here insert "for 
 hire" or "where a fee was charged to either applicant for em- 
 ployment or for help"), and did then and there insert in a cer- 
 tain (here insert "newspaper" or "publication") to-wit: 
 
 a name similar to that of the Illinois Free Employ- 
 ment Office, to-wit : 
 
 5. FAILING TO KEEP REGISTER. 
 (1.) 
 
 did then and there (here insert "open," "operate" or "main- 
 tain") a private employment agency for hire, and did then and 
 there have a license for said private employment agency for hire 
 from the Commissioners of Labor of the State of Illinois, and did 
 then and there (here insert "open" or "operate" or "main- 
 tain") a private employment agency (here insert "for hire" 
 or "where a fee was charged to either applicant for employment 
 or for help") and did then and there fail to keep a register 
 in which was then and entered the name and address of every 
 applicant for work, 
 
 (2.) 
 did then and there (here insert "open," "operate" or "main- 
 tain") a private emplojonent agency for hire, and did then and 
 there have a license for said private employment agency for hire 
 from the Commissioners of Labor of the State of Illinois, and did 
 then and there (here insert "open" or "operate" or "main- 
 tain") a private employment agency (here insert "for hire" 
 or "where a fee was charged to either applicant for employment 
 or for help") and did then and there fail to enter into a reg- 
 ister the name of who then and there made 
 
 application for a servant, 
 
 (3.) 
 did then and there (here insert "open," "operate" or "main- 
 tain") a private emplojTnent agency for hire, and did then and 
 there have a license for said private employment agency for hire 
 from the Commissioners of Labor of the State of Illinois, and did
 
 STATUTORY MISDEMEANORS. 339 
 
 then and there (here insert "open" or "operate" or "main- 
 tain") a private employment agency (here insert "for hire" or 
 "where a fee was charged to either applicant for employment or 
 for help") and did then and there fail to enter in a register the 
 
 name and nature of the employment for which one 
 
 then and there sought help, 
 
 6. CHARGING EXORBITANT REGISTRATION FEE. 
 (1.) 
 
 did then and there (here insert "open," "operate" or "main- 
 tain") a private employment agency for hire, and did then and 
 there have a license for said private employment agency for hire 
 from the Commissioners of Labor of the State of Illinois, and did 
 then and there (here insert "open" or "operate" or "main- 
 tain") a private employment agency (here insert "for hire" 
 or "where a fee was charged to either applicant for empjoy- 
 raent or for help") and did then and there charge as a regis- 
 tration fee for (here insert "receiving" or "filing") the ap- 
 plication of one for (here insert "employ- 
 ment" or "help") a sum of money exceeding two dollars, to- 
 wit : the sum of dollars, 
 
 (2.) 
 
 did then and there (here insert "open," "operate" or "main- 
 tain") a private employment agency for hire, and did then and 
 there have a license for said private employment agency for hire 
 from the Coimnissioners of Labor of the State of Illinois, and did 
 then and there (here insert "open" or "operate" or "main- 
 tain") a private employment agency (here insert "for hire" 
 or "where a fee was charged to either applicant for employ- 
 ment or for help") and did then and there charge one 
 
 as a registration fee for (here insert 
 
 "receiving" or "filing") , an application for (here insert "em- 
 ployment" or "help") the sum of dollars, 
 
 and did then and there fail fo give a receipt therefor, stating 
 the name of the applicant and the amount of the fee, the date 
 of the application and the name and the character of the work 
 of the (here insert "work" or "situation") to be procured,
 
 340 PRACTICE IN THE MUNICIPAL CO CRT. 
 
 7. FAILING TO RETURN FEE CHARGED. 
 (1.) 
 
 did then and there (here insert "open," "operate" or "main- 
 tain") a private employment agency for hire, and did then and 
 there have a license for said private employment agency for hire 
 from the Commissioners of Labor of the State of Illinois, and did 
 then and there (here insert "open" or "operate" or "main- 
 tain") a private employment agency (here insert "for hire" or 
 ' ' where a fee was charged to either applicant for employment or 
 
 for help ") and one on the day of 
 
 paid to said the sum of 
 
 dollars as a registration fee in order to obtain a (here insert 
 "situation" or "employment") through said agency, and the 
 said did not within one month after the registra- 
 tion as aforesaid obtain a (here insert "situation" or "em- 
 ployment") through said agency and did on the 
 
 day of make demand upon said ' 
 
 for the sum of dollars and the said 
 
 did then and there refuse and failed to pay and return to said 
 said dollars, 
 
 8. SENDING APPLICANT TO HOUSE OF ILL FAME. 
 
 did then and there (here insert "open," "operate" or "main- 
 tain") a private employment agency for hire, and did then and 
 there have a license for said private employment agency for hire 
 from the Commissioners of Labor of the State of Illinois, and did 
 then and there (here insert "open" or "operate" or "main- 
 tain") a private employment agency (here insert "for hire" 
 or "where a fee was charged to either applicant for employ- 
 ment or for help") and did then and there (here insert "send" 
 
 or "cause to be sent") one to the 
 
 premises known as which said premises was 
 
 then and there (here insert "a place of bad repute" or "house 
 of ill- fame" or "an assignation house" or "a house of amuse- 
 ment kept for immoral purposes" or "a place of amusement 
 kept for immoral purposes"), 
 
 9. PUBLISHING FALSE NOTICE. 
 
 did then and there (here insert "open," "operate" or "main- 
 tain") a private (employment agency for hire, and did then and
 
 STATUTORY MISDEMEiVNORS. 341 
 
 there have a license for said private employment agency for hire 
 from the Commissioners of Labor of the State of Illinois, and did 
 then and there (here insert "open" or "operate" or "main- 
 tain") a private employment agency (here insert "for hire" 
 or "where a fee was charged to either applicant for employment 
 or for help") and did then and there (here insert "publish" 
 or "cause to be published") a certain (here insert "false no- 
 tice" or "fraudulent notice" or "fraudulent advertisement") 
 (here insert "concerning" or "relating") to (here insert 
 
 "work" or "employment") to one who 
 
 had then and there registered for employment. 
 
 10, GIVING FALSE INFORMATION OR FALSE PROMISE. 
 
 did then and there (here insert "open," "operate" or "main- 
 tain") a private employment agency for hire, and did then and 
 there have a license for said private employment agency for hire 
 from the Commissionei-s of Labor of the State of Illinois, and did 
 then and there (here insert "open" or "operate" or "main- 
 tain") a private employment agency (here insert "for hire" 
 or "where a fee was charged to either applicant for employment 
 or for help") and did then and there (here insert "give cer- 
 tain false information" or "make a certain false promise") 
 (here insert "concerning" or "relating") to (here insert 
 
 "work" or "employment") to one who was 
 
 then and there registered in said agency for employment. 
 
 11. MAKING FALSE ENTRY IN REGISTER. 
 
 did then and there (here insert "open," "operate" or "main- 
 tain") a private employment agency for hire, and did then and 
 there have a license for said private employment agency for hire 
 from the Commissioners of Labor of the State of Illinois, and did 
 then and there (here insert "open" or "operate" or "main- 
 tain") a private employment agency (here insert "for hire" 
 or "where a fee was charged to either applicant for employment 
 or for help") and did then and there make a certain false en- 
 try in the register required by said agency by law to be kept,
 
 342 PRACTICE IN THE MUNICIPAL CUUIIT. 
 
 12. CONDUCTING EMPLOYMENT AGENCY IN PREMISEb WHERE 
 
 LIQUOR IS SOLD. 
 
 did then and there (here insert "open,'' '"operate" or "main- 
 tain") a private employment agency for hire, and did then and 
 there have a license for said private employment agency for hire 
 from the Commissioners of Labor of the State of Illinois, and did 
 then and there (here insert "open" or "operate" or "main- 
 tain") a private employment agency (herie insert "for hire" or 
 "where a fee was charged to either applicant for employment or 
 for help") and did then and there conduct the business oF 
 an employment office (here insert "in" or "in connection 
 
 with") certain premises known as in which said 
 
 premises intoxicating liquors were then and there sold, 
 
 ESCAPE. 
 
 The statutory provisions on this subject are given in Chap- 
 ter 38 of Hurd's R. S. of 1905, pages 690-691. They are con- 
 tained in the following act : 
 
 An act to revise the law in relation to criminal jurispru- 
 dence. Approved March 27, 1874. In force July 1, 1874. R. 
 S. of 1874, p. 352. 
 
 The penal provisions in question are found in paragraphs 
 83-85. and 92, pp. 690-691. Hurd's R. S. of 1905. 
 
 FORMS OP INFORMATION. 
 1. OFFICER REFUSING TO ARREST. PAGE 690, PAR. 83. 
 
 (1.) 
 
 was then and there (here insert "sheritt' of " or 
 
 "jailer of " or "coroner of " or 
 
 "policeman of "or "... ") 
 
 and was then and there an officer authorized to (here insert 
 "make arrests" or "have the custody of prisoners") and did 
 then and there wilfully and corruptly refuse to (here insert 
 
 "arrest" or "confine"), one who was then 
 
 and there (here insert "charged with" or "convicted of") the 
 offense of
 
 STATUTORY MISDEMEANORS. 343 
 
 (2.) 
 
 was then and there (here insert "sheriff of " or 
 
 •'jailer of " or "coroner of " 
 
 or ' ' policeman of " or " ") , 
 
 and was then and there an officer authorized to (here insert 
 "make arrests" or "have the custody of prisoners") and did 
 then and there wilfully and corruptly (here insert "omit" or 
 "delay") to execute a certain process then and there to him 
 
 directed wherein and whereby he, the said was 
 
 by said process directed to (here insert "arrest" or "confine") 
 
 one then and there (here insert "charged 
 
 with" or "convicted of") a certain offense, to-wit: the of- 
 fense of ,whereby the said 
 
 did then and there escape, 
 
 2. AIDING PRISONER TO ESCAPE. PAGE 690, PAR. 84. 
 
 one was then and there a prisoner and was 
 
 then and there in the lawful custody of one 
 
 who was then and there (here insert kind of officer) and who 
 then and there as such officer had the laAvful custody'' of said 
 
 , and he, the said (here insert 
 
 name of the defendant) did then and there (here insert "aid" 
 
 or * ' assist ' ' ) the said then and there a 
 
 prisoner as aforesaid in (here insert "escaping" or "attempt- 
 ing to escape ") from said 
 
 3. RESCUING PRISONER. PAGE 690, PAR 85. 
 
 did then and there (here insert "rescue" or "attempt to res- 
 cue") one who was then and there a 
 
 l)risoner in the lawful custody of one then and 
 
 there a (here insert kind of officer) of 
 
 4. ALLOWING ESCAPE BEFORE CONVICTION. PAGE 690, P.VR. 80. 
 
 was then and there the (here insert "sheriff of Cook county" 
 
 or "coroner of Cook county" or "jailer of " 
 
 or "keeper of prison" or "constable") and 
 
 then and there had in his legal custody one 
 
 wlio was then and there charged with the offense of
 
 344 PRACTICE IN THE MUNICIPAL COURT. 
 
 and was not then and there convicted, and he, the said 
 
 did then and there voluntarily (here insert 
 
 "suffer" or "permit") the said to 
 
 (here insert "escape" or "go at large"), 
 
 5. AIDING ESCAPE. PAGE 691, PAR. 92. 
 
 (1.) 
 
 did then and there convey into (here insert "the penitentiary 
 at Joliet" or "into the county jail of Cook county" or "into 
 
 the jail of county" or "into the House of 
 
 Correction at ") a certain (here insert 
 
 "disguised instrument" or "tool" or "weapon" or " 
 
 ") to-wit, a which said (here in- 
 sert "disguised instrument" or "tool" or "weapon" or " . . . . 
 
 ") was then and there (here insert "adapted" or 
 
 "useful") to aid a prisoner in making his escape, with intent 
 
 then and there on the part of the said to 
 
 facilitate the escape of one who was then 
 
 and there a prisoner lawfully (here insert "convicted" or "de- 
 tained"), 
 
 (2.) 
 did then and there by means of (here insert the means) (here 
 
 insert "aid" or "assist") one who was 
 
 then and there a prisoner in (here insert "the penitentiary at 
 Joliet" or "the County Jail of Cook County" or "the County 
 
 Jail of County" or "the House of 
 
 Correction at ") to escape therefrom, 
 
 (3.) 
 did then and there (here insert "conceal" or "assist") one 
 
 who was then and there a convict then 
 
 and there having escaped from (here insert "the penitentiary 
 at Joliet" or "the County Jail of Cook County" or "the Coun- 
 ty Jail of County" or "the House of Correction 
 
 at • "), 
 
 ESTRAYS AND LOST PROPERTY. 
 
 The statutory provisions on this subject are given in chap- 
 tei- 50 of Hurd's R. S. of 1905, pp. 1029-1033. They are con- 
 tained in the following act:
 
 STATUTORY MISDEMEANORS. 345 
 
 An act to revise the law in reg^ard to estrays and other lost 
 property. Approved March 23, 1874. In force July 1, 1874. 
 R. S. of 1874, p. 482. 
 
 The penal provisions of this act are found in paragraph 19, 
 p. 1031, and paragraphs 33-35, p. 1033 of Kurd's R. S. of 1905. 
 
 (forms op information omitted.) 
 
 EXPLOSIVES. 
 
 The statutory provisions on this subject are given in chapter 
 38 of Kurd's R. S. of 1905, pp. 683-5. They are contained in 
 the following acts : 
 
 An act to regulate the manufacture, transportation, use and 
 sale of explosives and to punish an improper use of the same. 
 Approved June 16, 1887. In force July 1, 1887. Laws of 1887, 
 p. 180. 
 
 An act amendatory of the foregoing act. (See laws of 1903, 
 p. 159.) 
 
 The penal provisions of these acts are found in paragraphs 
 54^1 to 54m, pp. 683-4, Kurd's R. S. of 1905. 
 
 forms of information. 
 
 1. KEEPING EXPLOSIVES. PAGE 684, PAR. 54l,. 
 
 did then and there (here insert "store" or "keep") certain 
 
 (here insert "dynamite" or " nitro-ehloride " or " ") 
 
 which was then and there an explosive compound, within the 
 limits of the city of Chicago, without having complied with 
 
 section of the Revised Ordinances of the City of 
 
 Chicago, 
 
 2. FAILING to keep RECORD AND SALE OP EXPLOSIVES. PAGE 684, 
 
 PAR. 54m. 
 
 (1.) 
 
 did then and there (here insert "sell" or "dispose of") (here 
 
 insert "dynamite" or " nitro-chloride " or " ") 
 
 which was then and there an explosive compound, and did then 
 and there fail to keep a record of the name and residence of 
 
 every person to whom he, the said had 
 
 disposed of any of said explosive compounds, and the kind and
 
 340 PRACTICE IN THE MUNICIPAL COURT. 
 
 amount thereof and the date of such transaction, and did thea 
 and tliere fail to preserve said record for tliree years from 
 the date of said transaction, 
 
 (2.) 
 did then and there transport (here insert "dynamite'' or "nitro- 
 
 chloride" or " ") and did then and there 
 
 fail to keep a record of the names and residences of the persons, 
 firms, companies and corporations forwarding said explosive 
 compound, and of the kind and amount fonvarded, together with 
 the name and address of the person, firm, company or corpo- 
 ration to whom the same was forwarded, with the date of its re- 
 ceipt and delivery, 
 
 3. TRANSPORTATION COMPANY RECEIVING EXPLOSIVE NOT MARKED, 
 
 was then and there a transportation company and did then and 
 there receive (here insert "dynamite" or " nitro-chloride " or 
 " ") which was then and there an explosive com- 
 pound, for transportation, without said explosive compound be- 
 ing marked (here insert "explosive" or "dangerous") in plain- 
 ly legible letters on the outside of each and every package of 
 said compound, 
 
 EXTORTION. 
 The statutory provisions on this subject are given in chapter 
 38 of Kurd's R. S. of 1905, p. 691. They are contained in the 
 following act: 
 
 An act to revise the law in relation to criminal jurispru- 
 dence. Approved March 27, 1874. In force July 1. 1874. R. 
 S. of 1874, p. 352. 
 
 The penal provision in question is found in paragraph 93, 
 p. 691 of Kurd's R. S. of 1905. 
 
 FORMS OP INFORMATION. 
 (1.) 
 
 did then and there (here insert "verbally" or "by written 
 communication" or "by printed communication") maliciously 
 
 threaten to accuse one of a certain 
 
 (here insert "crime" or "misdemeanor") to-wit: the (here in- 
 sert "crime" or "misdemeanor") of with in- 
 tent on the part of the said to extort (here
 
 STATUTORY MISDEMEANORS. 347 
 
 insert ' ' money " or " goods" or ' ' chattels " or " ; . , 
 
 then and there a valuable thing") to-wit from 
 
 the said 
 
 (2.) 
 did then and there (here insert "verbally" or "by written com- 
 munication" or "by printed communication") maliciously 
 threaten to (here insert "expose" or "publish") certain (here 
 
 insert "infirmities" or "failings" of to-wit: 
 
 (here describe the infirmities or failings) with intent on the 
 
 part of the said to extort (here insert "money" 
 
 or "goods" or "chattels" or " then and there 
 
 a valuable thing ") to-wit : from the said 
 
 (3.) 
 
 did then and there (here insert "verbally" or "by written com- 
 munication" or "by printed communication") maliciously 
 threaten to (here insert "maim" or "wound" or "kill" or 
 '"murder" or "burn the house of" or "destroy the house of" 
 
 or "burn the property of " or "destroy the property of") 
 
 with intent on the part of the said to 
 
 extort (here insert "money" or "goods" or "chattels" or 
 
 " then and there a valuable thing") to-wit: 
 
 from the said 
 
 (4.) 
 did then and there (here insert "verbally" or "by written com- 
 munication" or "by printed communication") maliciously 
 threaten to accuse one of a certain (here in- 
 sert "crime" or "misdemeanor") to-wit: the (here insert 
 "crime" or "misdemeanor") of 
 
 (5.) 
 did then and there (here insert "verbally" or "by written com- 
 munication" or "by printed communication") maliciously 
 threaten to (here insert "expose" or "publish") certain (here 
 
 insert "infirmities" or "failings") of to-wit: 
 
 (here describe infirmities or failings),
 
 348 PRACTICE IN THE MUNICIPAL COURT. 
 
 (6.) 
 did then and there (here insert "verbally" or "by written 
 communication" or "by printed communication") maliciously 
 threaten to (here insert "maim" or "wound" or "kill" or 
 "murder" or "burn the house of" or "destroy the house of" 
 or "burn the property of" or "destroy the property of") 
 
 FALSE ADVERTISEMENTS. 
 
 The statutory provisions on this subject are given in chapter 
 38 of Hurd's R. S. of 1905, pp. 692-3. They are contained in 
 the following act: 
 
 An act to regulate and prohibit sensational or false adver- 
 tisements in newspapers or otherwise and providing penalties for 
 the violation thereof. Approved June 11, 1897. In force July 
 1, 1897. Laws of 1897, p. 204. 
 
 The penal provisions of this act are found in paragraphs 102a 
 and 1026, pp. 692-3, Hurd's R. S. of 1905. 
 
 FORMS OF COMPLAINT. 
 (1.) 
 
 was then and there engaged in the business of in 
 
 the State of Illinois, and did then and there (here insert "in- 
 sert" or "cause to be inserted") in a certain newspaper, to- 
 
 wit : which wa.s then and there 
 
 circulated in the State of Illinois, an advertisement wherein 
 
 certain goods and merchandise, to-wit : were 
 
 then and there falsely (here insert "represented" or "adver- 
 tised") as (here insert "stocks damaged by (here insert "fire" 
 
 or "water" or " ") or "as bankrupt 
 
 .stocks" or "as insolvent stocks" or "as sheriff's sales" or "as 
 constable's sales" or "as receiver's sales" or "as assignee's 
 
 sales" or "as sales" or "as being offered a& 
 
 closing out sales" or "as being offered as sacrifice sales" or 
 "as being of greater worth than the selling price at which said 
 goods were therein offered for sale" or "as being of greater 
 value than the selling price at which said goods were offered 
 for sale"),
 
 STATUTORY MISDEMEANORS. 349 
 
 (2.) 
 
 ^^■as then and there engaged in the business of 
 
 in the State of Illinois, and did then and there (here insert "dis- 
 play" or "exhibit") a certain (here insert "sign" or "placard" 
 or "transparency") wherein and whereby certain goods and 
 
 merchandise, to-wit, were then and there 
 
 falsely (here insert "represented" or "advertised") as (here 
 insert "stocks damaged by (here insert "fire" or "water" or 
 " ") " or "as bankrupt stocks" or "as insolv- 
 ent stocks" or "as sheriff's sales" or "as constable's sales" or 
 
 "as receiver's sales" or "as assignee's sales" or "as 
 
 sales" or "as being offered as closing out sales" or 
 
 "as being offered as sacrifice sales" or "as being of greater 
 value than the selling price at which said goods were therein 
 offered for sale" or "as being of greater value than the sell- 
 ing price at which said goods were offered for sale"), 
 
 (3.) 
 
 was then and there engaged in the business of 
 
 in the State of Illinois, and did then and there (here insert "dis- 
 tribute" or "cause to be distributed") certain here insert 
 "hand-biUs" or "circulars" or "pamphlets") wherein and 
 
 whereby certain goods and merchandise, to-wit : 
 
 were then and there falsely (here insert "represented" or "ad- 
 vertised") as (here insert "stocks damaged by (here insert 
 "fire" or "water" or " ") " or "as bank- 
 rupt stocks" or "as insolvent stocks" or "as sheriff's sales" or 
 "as constables' sales" or "as receiver's sales" or "as assignee's 
 sales" or "as sale" or "as being offered as clos- 
 ing out sales" or "as being offered as sacrifice sales" or "as 
 being of greater worth than the selling price at which said 
 goods were therein offered for sale" or "as being of greater 
 value than the selling price at which said goods were offered 
 for sale"), 
 
 FALSE IMPRISONMENT. 
 
 The statutory provision on this subject are given in chapter 
 38 of Kurd's R. S. of 1905, p. 691. They are contained in the 
 following act : 
 
 An act to revise the law in relation to criminal jurisprudence.
 
 350 PRACTICE IN THE MUNICIPAL COURT. 
 
 Approved March 27, 1874. In force July 1. 1874. R. S. of 
 1874, p. 352. 
 
 The penal provision in question is found in paragrapli 95, p. 
 691, Kurd's R. S. of 1905. 
 
 FORM OF INFORMATION. 
 
 did then and there unlawfully violate the personal liberty of 
 by then and there (here insert "con- 
 fining" or "detaining") the said with- 
 out any sufficient legal authority. 
 
 FALSE PRETENSES. 
 
 The statutory provisions on this subject are given in chapter 
 38 of Kurd's R. S. of 1905, pp. 691-2. They are contained in 
 the following acts: 
 
 An act to revise the law in relation to criminal jurisprudence. 
 Approved March 27, 1874. In force July 1, 1874. R. S. of 1874, 
 p. 352. 
 
 Act amendatory of the foregoing act. See Laws of 1879, p. 
 115. 
 
 The penal provisions of these acts are found in paragraphs 
 96, 97, 100, 101, 102 and 102i/o, pp. 691-2, Kurd's R. S. of 1905. 
 
 FORMS OF INFORMATION. 
 
 1. OBTAINING MONEY OR PROPERTY BY FALSE PRETENSES. PAGE 
 
 691, PAR. 96. 
 
 did then and there with intent to then and there cheat and de- 
 fraud one falsely pretend that (here insert 
 
 the false pretense) to induce said to 
 
 (here insert "loan" or "advance" or "deliver") to him said 
 
 (here insert whatever was obtained), and that 
 
 said (here insert name of the person defrauded) believing said 
 
 false representations so made by said , to be 
 
 true, and being deceived thereby, was induced to (here insert 
 "loan" or "advance" or "deliver") and did (here insert 
 
 "loan" or "advance" or "deliver") to 
 
 (here insert whatever was obtained), for and in consid- 
 eration of (here insert the consideration), and that said 
 
 then and there fraudulently (here insert
 
 STATUTORY MISDEMEANORS. ^iol 
 
 the physical act done by defendant to obtain money or pi-op- 
 
 erty) with intent then and there to cheat and defraud said 
 
 , whereas in truth and in fact as he, the 
 
 said , then and there well knew 
 
 (here insert the negative of the false pretense above set forth), 
 
 2. OBTAINING CREDIT BY FALSE PRETENSES. PAGE 691, PAR. 97. 
 
 wilfully and knowingly did falsely represent in writing signed 
 
 by hiui, the said that he, the said 
 
 was then solvent and worth the sum of 
 
 dollars over and above his liabilities, which said false representa- 
 tions in writing are in the words and figures following (here in- 
 sert copy of the writing) and Avere then and there made by the 
 
 said for the purpose of inducing the said 
 
 to sell to him the said 
 
 (here insert the property sold) of the value of 
 
 dollars of goods and chattels of the said on 
 
 the credit of months, and the said 
 
 relying upon and believing the said representations and being 
 deceived thereby, was then and there induced by reason thereof 
 
 to sell the said goods and chattels to the said 
 
 for the sum of dollars on a credit of 
 
 months, and the said then and 
 
 there by the said false representations of his wealth, signed by 
 
 the said as aforesaid, unlawfully did obtain 
 
 from the said a credit of months 
 
 for the purchase price of the said goods and chattels, and did 
 then and there buy and receive the said goods and chattels from 
 
 the said on the said credit to be paid for 
 
 by said in months from the 
 
 time aforesaid, whereas in truth and in fact he the said 
 
 was not then solvent and was not then 
 
 worth the sum of dollars over and above all 
 
 of his liabilities, nor any other sum of money as he, the said 
 
 so falsely represented, but on the con- 
 trary the said was then and there in- 
 solvent and not worth enough to pay the debts of him, the said 
 
 , or any part of them, and the said 
 
 at the time he so falsely made the representa-
 
 352 PRACTICE IN THE MUNICIPAL COURT. 
 
 tions aforesaid then and there well knew the same to be false, 
 
 and that more than mouths have elapsed since 
 
 the i)urchase of said goods and chattels on the said credit as 
 
 aforesaid, and yet the said has not paid 
 
 the said dollars or any part thereof, and was 
 
 then, and ever since has been, and now is fully unable so to do, 
 
 and the said thereby and by means 
 
 of his said false representations and obtaining the said credit as 
 aforesaid, did then and there intentionally and unlawfully de- 
 fraud the said of said goods and chat- 
 tels, 
 
 3. SWINDLING BY CARDS. PAGE 692, PAR. 100. 
 
 (1.) 
 
 did then and there by the game of three card monte so-called, by 
 
 the use of cards, fraudulently obtain from one 
 
 a large siun of money, to-wit : the sum of dol- 
 lars of the value of dollars (not to exceed fif- 
 teen dollars). 
 
 (2.) 
 
 did then and there (here insert "by the game of " 
 
 or "by a certain device, to-wit: " or "by a 
 
 slight of hand performance" or "by pretensions to fortune tell- 
 ing" or "by a certain trick") by (here insert "the use of 
 
 cards" or "by the use of a certain implement, to-wit: 
 
 " or " by the use of a certain instrument or instruments, 
 
 to-wit: ") fraudulently obtain from one 
 
 a large sum of money, to-wit : the sum of 
 
 dollars, 
 
 4. SWINDLING BY FALSE WEIGHTS AND MEASURES. PAGE 692, 
 
 PAR. 101. 
 
 (1.) 
 
 did then and there knowingly sell by false weights (here insert 
 articles sold) to one 
 
 (2.) 
 did then and there falsely use false measures at a certain 
 mill located at in taking toll for grind- 
 ing (here insert "corn" or "wheat" or "rye" or " "),
 
 STATUTORY MISDEMEANORS. 353 
 
 5. FALSELY ASSUMING AN OFFICE. PAGE 692, PAR. 102. 
 
 did then and there falsely (here insert "assume" or "pretend*'), 
 to be (here insert "a justice of the peace" or "sheriff" or 
 "deputy sheriff" or "coroner" or "constable" or "police offi- 
 cer" or "watchman" or " ") and did then 
 
 and there take upon himself to act as such, whereas in truth and 
 
 in fact he the said was not then and there 
 
 n (here insert "justice of the peace" or "sheriff" or "deputy; 
 sheriff" or "coroner" or "constable" or "police officer" or 
 "watchman" or " "). 
 
 (2.) 
 did then and there falsely (here insert "assume" or " pretend ")j 
 to be a (here insert "justice of the peace" or "sheriff" or 
 "deputy sheriff" or "coroner" or "constable" or "police offi- 
 cer" or "watchman" or " ") and did then 
 
 and there require one to (here insert "aid" 
 
 or "assist") him, the said in a certain 
 
 matter pertaining To the duty of such (here insert "justice of 
 the peace" or "sheriff" or "deputy sheriff" or "coroner" or 
 
 "constable" or "police officer" or "watchman" or " 
 
 "), 
 
 FALSELY PERSONATING ANOTHER. 
 
 The statutory provisions on this subject are given in Chapter 
 38 of Kurd's R. S. of 1905, p. 693. They are contained in the 
 following act: 
 
 An act to revise the law in relation to criminal jurisprudence. 
 Approved March 27, 1874. In force July 1, 1874. R. S. of 
 1874, p. 352. 
 
 The penal provisions in question are found in paragraph 
 103, p. 693, Hurd's R. S. of 1905. 
 
 FORM OF INFORMATION. 
 
 did then and there falsely (here insert "personate" or "repre- 
 sent") one and in such assumed character 
 
 as said did receive (here insert 
 
 what was received) which said property was then and there 
 23
 
 354 PRACTICE IN THE MUNICIPAL COURT. 
 
 intended to be delivered to the said 
 
 Avith intent then and there on the part of said 
 
 to convert the said (here insert property obtained) then 
 
 and there of the value of dollars, to 
 
 the use of him, the said , and the said 
 
 (here insert name of the State's Attorney or informant) causes 
 
 the court to be informed and understand that the said 
 
 then and there and thereby committed the 
 
 crime of larceny, 
 
 FALSELY STAMPING CANNED OR PRESERVED FOOD. 
 
 The statutory provisions on this subject are given in Chapter 
 38 of Kurd's R. S. of 1905, p. 693. They are contained in the 
 following act: 
 
 An act to protect the public from imposition in relation to 
 ct^nned or preserved food. Approved June 27, 1885. In force 
 July 1, 1885. Laws of 1885, p. 207. 
 
 The penal provisions in question are found in paragraphs 
 104a-104c, p. 693, Kurd's R. S. of 1905. ^ 
 
 FORMS OF INFORMATION. 
 
 1. FALSELY STAMPING CANNED OR PRESERVED FOOD. PAGE 693, 
 
 PAR. 104a. 
 
 was then and there a(here insert ' ' packer" or * * dealer") in (here 
 insert "preserved" or "canned fruit" or "vegetables") and 
 did then and there offer for sale certain cans of (here insert 
 
 ' ' preserved fruits " or " vegetables " or " which 
 
 was then and there an article of food") and said cans at the time 
 
 the said then and there offered them for 
 
 sale did not then and there bear a mark to indicate (here insert 
 "grade" or "quality") of the contents of said cans, together 
 with the name and the address of the (here insert "firm" or 
 "person" or "corporation") who had then and there packed 
 said cans, or the dealer who sold said cans, 
 
 2. FAILING TO BRAND SOAKED GOODS. PAGE 693, PAR. 104b. 
 
 did then and there put up certain soaked goods, to-wit : 
 
 from (here insert name of foreign country) which 
 
 had been dried before canning the same, and did not then and
 
 STATUTORY MISDEMEANORS. 355 
 
 there plainly brand on the face of the label of the can containing 
 the said soaked goods, the word ' * soaked ' ' in letters not less than 
 one-half inch high and three-eighths inch wide of solid and legi- 
 ble type, 
 
 3. FALSELY STAMPING OR LABELLING FOOD. PAGE 693, PAR. 104c. 
 
 (1.) 
 
 did then and there falsely (here insert "stamp" or "label") a 
 certain (here insert "can" or "jar") containing (here insert 
 ' ' preserved fruit " or " which was then and there 
 
 food"), 
 
 (2.) 
 did then and there knowingly permit one 
 
 to falsely (here insert "stamp" or "label") a certain (here in- 
 sert "can" or "jar") containing (here insert "preserved fruit" 
 or " which was then and there food"), 
 
 FEES. 
 
 The statutory provisions on this subject are given in Chapter 
 53 of Kurd's R. S. of 1905, pp. 1047-1077. They are contained 
 in the following act : 
 
 An act concerning fees and salaries and to classify the several 
 counties within this State with reference thereto. Approved 
 March 29, 1872. In force July 1, 1872. Laws of 1871-2, p. 420. 
 R. S. of 1874, p. 521-522. 
 
 The penal provisions of this act are given in paragraph 
 35, p. 1064, and paragraph 51, pp. 1068-9, Hurd's R. S. of 1905. 
 
 FORMS OF INFORMATION. 
 (1-) 
 
 was then and there an officer of the county of 
 
 Cook, and did then and there (here insert "fail" or "refuse") 
 
 to pay over to , who was then and there 
 
 county treasurer of Cook county, the sum of 
 
 dollars, which said dollars was then and there 
 
 a sum of money found in the hands of said 
 
 over and above the amount then and there due said 
 
 as compensation for services, stationery, clerk hire 
 
 and other necessary expenses, and which said ,
 
 356 PRACTICE IN TEffi MUNICIPAL COURT. 
 
 dollars was the amount found in the hands of said 
 
 after the account of said had been 
 
 audited, corrected and adjusted by the board of commissioners 
 for Cook county, 
 
 (2.) 
 
 was then and there and was then and 
 
 there an officer of Cook County, and did then and there know- 
 ingly (here insert "demand" or "receive") from one 
 
 , who (here insert the matter for which a fee was to 
 
 be paid) (here insert " dollars") which was then 
 
 and there a fee in excess of the fee provided for by law for said 
 matter. 
 
 FENCES. 
 
 The statutory provisions on this subject are given in Chapter 
 54 of Kurd's R. S. of 1905, pp. 1080-1081. They are contained 
 in the following act : 
 
 An act concerning hedge fences along the public highways in 
 this State. Approved June 21, 1883. In force July 1, 1883. 
 Laws of 18.83, p. 99. 
 
 The penal provisions of this act are contained in paragraph 
 24, pp. 1080-1081, Hurd's R. S. of 1905. 
 
 FORM OP COMPLAINT. 
 
 was then and there the owner of a certain hedge fence along the 
 line of a certain public highway in the State of Illinois, to-wit: 
 
 , and said hedge fence had then 
 
 and there attained the age of eight years, and the said 
 
 did not during the year just preceding the second 
 
 day of October (here insert "cut back" or "trim") the said 
 hedge fence to a height not to exceed five feet, 
 
 FERTILIZERS. 
 
 The statutory provisions on this subject are given in Chapter 
 5 of Hurd's R. S. of 1905, pp. 134-5. They are contained in the 
 following acts : 
 
 An act to prevent fraud in the manufacture and sale of com- 
 mercial fertilizers. Approved June 29, 1885. In force July 1, 
 1885. Laws of 1885, p. 197.
 
 STATUTORY MISDEMEANORS. 357 
 
 An act amendatory of the foregoing act. (See Laws of 1903, 
 p. 5.) 
 
 The penal provisions of these acts are found in paragraphs 
 37 and 38, p. 134, and 41 p. 135 of Hurd's R. S. of 1905. 
 
 (forms op information appear under the heading "agri- 
 culture. ) 
 
 FIRE ESCAPES. 
 
 The statutory provisions on this subject are given in Chapter 
 55a of Hurd's R. S. of 1905, pp. 1084-5. They are contained in 
 the following act: 
 
 An Act relating to fire escapes. Approved and in force April 
 21, 1899. Laws of 1899, p. 220. 
 
 The penal provisions of this act are found in paragraphs 
 4 and 6, p. 1085, Hurd's R. S. of 1905. 
 
 form of complaint. 
 
 was the owner (or "trustee" or "lessee" or "occupant") of the 
 premises known as (here insert description of premises) and was 
 
 on the. . . .day of served with a certain notice, a 
 
 copy of which said notice is as follows: (here set forth copy of 
 
 notice) and the said did not within thirty 
 
 days after the said day of and after 
 
 said notice as aforesaid was served upon (here 
 
 insert "place" or "cause to be placed") a fire escape upon the 
 building then and there located upon the premises known as 
 
 FISH. 
 
 The statutory provisions on this subject are given in Chapter 
 56 of Hurd's R. S. of 1905, pp. 1085-1092. They are contained 
 in the following acts : 
 
 An act to encourage the propagation and cultivation and to 
 secure the protection of fishes in all the waters under the juris- 
 diction of the State of Illinois. Approved June 11, 1897. In 
 force July 1, 1897. Laws of 1897, p. 224. 
 
 Acts amendatory of the foregoing acts. See Laws of 1901, p. 
 209; Laws of 1903, p. 202; Laws of 1905, p. 271.
 
 358 PRACTICE IN THE MUNICIPAL COURT. 
 
 The penal provisions of these acts are found in paragraph 1, 
 p. 1085, paragraph 7, p. 1088, paragraph 15, p. 1089, paragraph 
 166a, p. 1090, and paragraph 16e, p. 1091, Kurd's R. S. of 1905. 
 
 An act to regulate fishing in Lake Michigan and the shipping 
 of fish in the State of Illinois. Approved April 21, 1899. In 
 force July 1, 1899. Laws of 1899, p. 233. 
 
 The penal provisions of this act are found in paragraph 22, 
 p. 1092, Kurd's R. S. of 1905. 
 
 (forms of complaint omitted.) 
 
 FLAGS. 
 The statutory provisions on this subject are given in Chapter 
 56a of Kurd's R. S. of 1905, p. 1093. They are contained in the 
 following act: 
 
 An act to provide for placing United States national flags on 
 school houses, court houses and other public buildings in this 
 State and to repeal certain acts therein named. Approved June 
 2, 1897. In force July 1, 1897. Laws of 1897, p. 229. 
 
 The penal provisions of this act are found in paragraph 
 5, p. 1093, Kurd's R. S. of 1905. 
 
 FORM OF complaint. 
 
 did then and there wilfully (here insert "injure" or "deface" 
 or "destroy") a certain (here insert "flag" or "flag staff" or 
 "pole" or "adjustment attached to a certain flag" or "adjust- 
 ment attached to a certain flag staff" or "adjustment attached 
 to a certain pole") then and there erected and arranged under 
 and for the purpose of carrying out the requirements of the 
 act entitled (here insert title of above act), 
 
 FORGERY AND COUNTERFEITING. 
 
 The statutory provisions on this subject are given in Chapter 
 38 of Kurd's R. S. of 1905, p. 695. They are contained in the 
 following act : 
 
 An act to revise the law in relation to criminal jurisprudence. 
 Approved March 27, 1874. In force July 1, 1874. R. S. cf 
 187'4, p. 352. 
 
 The penal provisions in question are found in paragraphs 
 115 and 116, p. 695, Kurd's R. S. of 1905.
 
 STATUTORY MISDEMEANORS. 359 
 
 FORMS OF COMPLAINT. 
 
 (1.) 
 
 did then and there knowingly and wilfully (here insert "coun- 
 terfeit" or "cause to be counterfeited") a certain private (here 
 insert "stamp" or "label" or "trade mark") then and there 
 
 used by who was then and there (here insert 
 
 "a merchant" or "manufacturer") in the habit of selling the 
 
 goods of him, the said , with intent on the 
 
 part of the said to then and there defraud 
 
 the said 
 
 . ^^-^ 
 did then and there sell certain goods, to-wit : 
 
 which then and there contained a certain counterfeit (here in- 
 sert "stamp" or "label" or "trade mark") he, the said 
 
 then and there well knowing said (here insert 
 
 "stamp" or "label" or "trade mark") to be counterfeited, 
 
 FRAUDS. 
 
 The statutory provisions on this subject are given in Chapter 
 38 of Kurd's E. S. of 1905, pp. 695-6 and pp. 752-3. They are 
 contained in the following acts: 
 
 An act to revise the law in relation to criminal jurisprudence. 
 Approved March 27, 1874. In force July 1, 1874. R. S. of 
 1874, p. 352. 
 
 An act amendatory of the foregoing act. See Laws of 1895, 
 p. 155. 
 
 The penal provisions in question of these acts are found in 
 paragraphs 117 and 118, pp. 695-6, Kurd's R. S. of 1905. 
 
 FORMS OF COMPLAINT. 
 1, OBSTRUCTING METERS. PAGE 695, PAR, 117, 
 
 (1.) 
 
 did then and there intend to (here insert "injure" or "de- 
 fraud") a certain (here insert "Company" or "body corpo- 
 rate" or "co-partnership" or "individual") to-wit; 
 
 and did then and there (here insert "injure" or 
 
 "alter" or "obstruct" or "prevent") the action of a certain
 
 360 PRACTICE IN THE MUNICIPAL COURT. 
 
 meter, to-wit: a meter, provided for the purpose 
 
 of measuring and registering the quantity of (here insert "gas" 
 or "water" or "electric current") consumed (here insert "by", 
 or "at") a certain (here insert "burner" or "orifice" or 
 "place") to-wit: 
 
 (2.) 
 did then and there intend to (here insert "injure" or "de- 
 fraud") a certain (here insert "company" or "body corpo- 
 rate" or "co-partnership" or "individual") to-wit: 
 
 and did then and there (here insert "injure" or 
 
 "alter" or "obstruct" or "prevent") the action of a certain 
 
 meter, to-wit: a meter, provided for the purpose 
 
 of measuring and registering the quantity of (here insert "gas" 
 or "water" or "electric current") supplied to a certain (here 
 insert "lamp" or "motor" or "machine" or "appliance"), 
 
 (3.) 
 
 did then and there (here insert "cause" or "procure") one 
 
 to then and there (here insert "injure" or 
 
 "alter" or "obstruct the action of", or "prevent the action of") 
 
 a certain meter located at which said meter 
 
 had been theretofore provided b}'' for the 
 
 purpose of measuring and registering the quantity of (here in- 
 sert "gas" or "water" or "electric current") consumed (here 
 insert "by" or "at") a certain (here insert "burner" or "ori- 
 fice" or "place") to-wit: the (here insert "burner" or "ori- 
 fice" or "place") then and there located at 
 
 with intent then and there, on the part of the said 
 
 ; , to then and there (here insert "injure" or "defraud") 
 
 who was then and there a (here insert 
 
 "company", or "body corporate", or "co-partnership" or "in- 
 dividual"), 
 
 (4.) 
 did then and there aid in (here insert "injuring", or "alter- 
 ing", or "obstructing the action of", or "preventing the action 
 
 of") a certain meter located at , which 
 
 said meter had been theretofore provided by 
 
 for the purpose of measuring and registering the quantity of 
 (here insert "gas" or "water" or "electric current") con-
 
 STATUTORY MISDEMEANORS. 361 
 
 sumed (here insert "by" or "at") a certain (here insert 
 "burner" or "orifice" or "place"), to-wit, the (here insert 
 "burner" or "orifice" or "place") then and there located at 
 
 , with intent then and there on the part 
 
 of the said to then and there (here insert 
 
 "injure" or "defraud") , which was 
 
 then and there a (here insert "company", or "body corporate" 
 or "co-partnership" or "individual"), 
 
 (5.) 
 did then and there (here insert "cause" or "procure") one 
 
 certain to then and there (here insert 
 
 "injure" or "alter" or "obstruct the action of", or "prevent 
 
 the action of") a certain meter located at , 
 
 which said meter had been theretofore provided by 
 
 , for the purpose of measuring and registering the 
 
 quantity of (here insert "gas" or "water" or "electric cur- 
 rent") supplied to a certain (here insert "lamp", or "meter" 
 
 or "machine" or "appliance") which said was 
 
 then and there located at , with intent on 
 
 the part of the said to then and there (here 
 
 insert "injure" or "defraud") one , which 
 
 said was then and there a (here insert 
 
 "company" or "body corporate," or "co-partnership," or "in- 
 dividual"), 
 
 (6.) 
 
 did then and there aid one to (here insert 
 
 "injure" or "alter" or "obstruct the action of", or "prevent 
 
 the action of") a certain meter located at , 
 
 which said meter had been theretofore provided by 
 
 , for the purpose of measuring and registering the 
 
 quantity of (here insert "gas" or "water" or "electric cur- 
 rent") supplied to a certain (here insert "lamp" or "meter" 
 
 or "machine" or "appliance") which said 
 
 was then and there located at , with in- 
 tent on the part of the said to then and 
 
 there (here insert "injure" or "defraud") one 
 
 , which said was then and there a 
 
 (here insert "company" or "body corporate" or "co-partner- 
 ship" or "individual"),
 
 362 PRACTICE IN THE MUNICIPAL COURT. 
 
 (7.) 
 did then and there (here insert "make" or "cause to be made"), 
 with a certain (here insert "gas pipe" or "water pipe" or 
 "electrical conductor") a certain connection for the purpose of 
 then and there (here insert "conducting" or "supplying" 
 (here insert "illuminating" or "inflammable") (here insert 
 "gas" or "water" or "electric current") ) to a certain (here 
 insert "burner" or "orifice" or "lamp" or "meter" or "ma- 
 chine" or "appliance") from which said (here insert "gas" or 
 "water" or "electricity") might then and there be (here in- 
 sert "consumed" or "utilized") without passing through or 
 being registered by meter, or without the consent or acquies- 
 cence of then and there a (here insert 
 
 "municipal corporation" or "body corporate" or "co-partner- 
 ship" or "individual") which said was 
 
 then and there (here insert "furnished" or "transmitted") to 
 the premises on which said connection was then and there made 
 through said (here insert "gas pipe" or "water pipe" or "elec- 
 trical conductor"), 
 
 2. FRAUD IN THE SALE OF LARD. PAGE 752, PAR. 480. 
 
 did then and there (here insert "sell" or "deliver" or "pre- 
 pare" or "put up" or "expose or offer for sale") certain (here 
 
 insert ' ' lard " or " , which was then and there an 
 
 article intended for use as lard") which said 
 
 did then and there contain a certain ingredient other 
 
 than the pure fat of healthy swine, to-wit, , 
 
 in a certain (here insert "tierce" or "bucket" or "pail" or 
 "package" or "vessel" or "wrapper" or "label"), which 
 
 said did then and there bear the words 
 
 (here insert "pure" or "refined family" or " ") 
 
 and said (here insert "tierce" or "bucket" or "pail" or "pack- 
 age" or "vessel" or "wrapper" or "label"), in which said 
 
 was then and there (here insert "sold" 
 
 or "delivered" or "prepared" or "put up" or "exposed or 
 offered for sale") not then and there bearing on the top or out- 
 side thereof, in letters not less than one-half inch in length, the 
 words, plainly exposed to view (here insert "compound lard" 
 or "lard compound")
 
 STATUTORY MISDEMEANORS. 363 
 
 An act to prevent fraud in the sale of lard, and to provide 
 punishment for the violation thereof. Approved June 3, 1889. 
 In force July 1, 1889. Laws of 1889, p. 111. 
 
 The penal provisions of this act are found in paragraphs 480- 
 482, pp. 752-3, Kurd's R. S. of 1905. 
 
 (forms of information omitted.) 
 
 FRAUDULENT CONVEYANCES. 
 
 The statutory provisions on this subject are given in Chapter 
 38 of Kurd's R. S. of 1905, p. 697. They are contained in the 
 following act: 
 
 An act to revise the law in relation to criminal jurisprudence. 
 Approved March 27, 1874. In force July 1, 1874. R. S. of 
 1874, p. 352. 
 
 The penal provision in question is found in paragraph 122, 
 p. 697, Kurd's R. S. of 1905. 
 
 (forms of information omitted.) 
 
 FRAUDULENTLY PERSONATING OFFICERS OR MEM- 
 BERS OF LODGE OR SOCIETY. 
 
 The statutory provisions on this subject are given in Chapter 
 38 of Kurd's R. S. of 1905, pp. 761-2. They are contained in 
 the following acts: 
 
 An act to prohibit personating officers or members of any 
 grand or subordinate lodge or fraternal society chartered or 
 having grand or subordinate lodges in this State, and to pro- 
 hibit wearing or using the insignia or badges of any such lodges 
 or societies by other than the members thereof. Approved May 
 11, 1901. In force July 1, 1901. Laws of 1901, p. 146. 
 
 The penal provisions of this act are found in paragraphs 
 536, 537 and 538, pp. 761-2, Kurd's R. S. of 1905. 
 
 (forms of complaint omitted.) 
 
 GAMBLING. 
 
 The statutory provisions on this subject are contained in the 
 following acts : 
 
 An act to revise the law in relation to criminal jurisprudence.
 
 364 PRACTICE IN THE MUNICIPAL COURT. 
 
 Approved March 27, 1874. In force July 1, 1874. R. S. of 
 1874, p. 352. 
 
 The penal provisions in question are found in paragraphs 
 126-130 and 132, pp. 698-9, Kurd's R. S. of 1905, Chapter 38. 
 
 FORMS OF INFORMATION. 
 1. GAMBLING. PAGE 698, PAR. 126. 
 
 (1.) 
 
 did unlawfully play for money, to-wit, the sum of 
 
 dollars at a certain game with (here insert "cards" or "dice" 
 
 or "checks" or "billiards" or "with , an 
 
 article that might be used for the purpose of playing or bet- 
 ting upon, or winning or losing money, or any other thing or 
 article of value " or " with , an instru- 
 ment which might be used for the purpose of playing or bet- 
 ting upon, or winning or losing money, or any other thing or 
 
 article of value" or " , a thing which might 
 
 be used for the purpose of playing or betting upon, or winning 
 or losing money, or any other thing or article of value"), 
 
 (2.) 
 did unlawfully bet a certain (here insert "sum of money, to-wit: 
 dollars, " or " valuable thing, to- 
 wit: ") on a certain game with (here in- 
 sert "cards," or "dice," or "checks," or "billiards") which 
 said game was then and there being played by and between one 
 and one 
 
 2. KEEPING A GAMBLING HOUSE. PAGE 698, PAR. 127. 
 
 (1.) 
 
 did then and there unlawfully keep a common gaming house, 
 
 (2.) 
 did then and there in a certain (here insert "building," or 
 "booth," or "yard," or "garden," or "boat," or "float") by 
 
 him, the said , then and there used and 
 
 occupied then and there (here insert "procure" or "permit") 
 divers persons (here insert "to frequent" or "to come togeth- 
 er") for the purpose of playing for (here insert "money" or
 
 I 
 
 STATUTORY MISDEMEANORS. 365 
 
 , which was then and there a valuable 
 
 thing") at a certain game, to-wit : 
 
 (3.) 
 
 did then and there in the premises known as 
 
 (here insert **keep," or "suffer to be kept") certain (here insert 
 "tables" or "apparatus") for the purpose of playing at a cer- 
 tain (here insert "game," or "sport"), to-wit: , for 
 
 (here insert "money, " or " , which was then 
 
 and there a valuable thing"), 
 
 3. GAMING IN TAVERN. PAGE 698, PAR. 128. 
 (1.) 
 
 was then and there a (here insert "tavern keeper," "common 
 
 victualer, " or " ") and did then and 
 
 there unlawfully (here insert "keep or suffer to be kept") in 
 the premises known as which prem- 
 ises were then and there occupied by him, said , 
 
 certain implements such as are used in gaming, to-wit : 
 
 in order that the said might 
 
 for (here insert "hire," "gain" or "reward,") be used for the 
 purpose of amusement, 
 
 (2.) 
 was then and there (here insert "a tavern keeper," "a common 
 
 victualer," or " ") and did then and there 
 
 (here insert "keep" or "suffer to be kept") in the premises 
 
 known as which said premises were then and 
 
 there occupied by him, the said , and did 
 
 then and there suffer a certain implement such as is usually used 
 in gambling to be used upon a certain part of said premises for 
 
 the purpose of gaming for (here insert "money," or " 
 
 "), 
 
 (3.) 
 was then and there a (here insert "tavern keeper," "common 
 
 victualer," or " ") and did then and there in 
 
 the premises known as , which said prem- 
 ises were then and there occupied by him, said 
 
 suffer and permit divers persons to play at a certain un- 
 lawful (here insert "game," or "sport,") in said premises, to-
 
 366 PRACTICE IN THE MUNICIPAL COURT. 
 
 wit, the (here insert what the game or sport was) of. 
 
 4. DECOYING PERSONS TO VISIT PLACES WHERE GAMBLING IS CAR- 
 RIED ON. PAGE 698, PAR. 129. 
 
 then and there unlawfully through (here insert "invitation" or 
 "device") prevailed upon one to visit a cer- 
 tain (here insert "room," "building," "booth," "yard," 
 
 "garden," "boat" or "float") which said 
 
 was then and there kept for the purpose of (here insert "gam- 
 bling," "prostitution," or "fornication"), 
 
 5. GAMBLING IN GRAIN, ETC. PAGE 698, PAR. 130. 
 
 then and there unlawfully did contract with one 
 
 to then and there give to the said an option 
 
 to (here insert "sell," or "buy") (here insert the amount) of 
 (here insert the kind of grain or other commodity, including 
 stock of any railroad or other company, or coal) for the sum of 
 
 dollars, at a future time, to-wit, on 
 
 the day of A. D , 
 
 An act to suppress bucketshops and gambling in stocks, bonds, 
 petroleum, cotton, grain, provisions or other produce. Approved 
 June 6, 1887. In force July 1, 1887. Laws of 1887, p. 96. 
 
 The penal provisions of this act are found in paragraphs 137a, 
 1376 and 137d, pp. 700-701, Hurd's R. S. of 1905, Chapter 38. 
 
 FORMS OF INFORMATION. 
 
 1. KEEPING A BUCKET SHOP. PAGE 700, PAR. 137a. 
 
 (1.) 
 
 did then and there unlawfully (here insert "keep" or "cause to 
 be kept") within the State of Illinois a certain (here insert 
 
 "bucket shop," "office," "store" or " " 
 
 wherein there was then and there (here insert "conducted," or 
 "permitted") the pretended (here insert "buying," or "sell- 
 ing") of (here insert "shares of stock," "bonds of 
 
 company," "petroleum," "cotton," "grain," "provisions," or 
 
 *' ") without there being then and there any 
 
 intention of receiving and paying for the property so bought or 
 of delivering the property so sold.
 
 STATUTORY MISDEMEANORS. 367 
 
 (2.) 
 did then and there unlawfully (here insert "keep" or "cause to 
 be kept") within the State of Illinois a certain (here insert 
 
 "bucket shop," "office," "store," or " ") in 
 
 which said there was then and there (here 
 
 insert "conducted," or "permitted,") the pretended buying or 
 selling of (here insert the shares of stock of corporations, the 
 bonds of corporation, petroleum, cotton, grain, provisions, or 
 ) on margins, 
 
 2. OWNING PROPERTY WHERE ILLEGAL ACTS ARE OMITTED. PAGE 
 
 701, PAR. ISld. 
 
 was then and there (here insert "the owner of," or "had the 
 care of," or "had the possession of") a certain (here insert 
 "building," "house," "out-house," "booth," "arbor," or 
 "erection,") in the city of Chicago, county of Cook and State of 
 
 Illinois, known as number on 
 
 street, and did then and there permit a certain illegal act, to- 
 wit: (here insert the violation complained of) in said 
 
 An act to prohibit book-making and pool selling. Approved 
 May 31, 1887. In force July 1, 1887. Laws of 1887, p. 955. 
 
 The penal provisions of this act are found in paragraph 137e, 
 p. 701, Hurd's R. S. of 1905, Chapter 38. 
 
 FORMS OP INFORMATION. 
 1. MAKING BOOKS AND SELLING POOLS. 
 
 did then and there unlawfully keep a certain (here insert 
 "room," "shed," "tenement," "tent," "booth," "building," 
 * ' part of room, " " part of shed, " " part of tenement, " " part of 
 tent," "part of booth," "part of building," with a certain 
 (here insert "book," "instrument," or "device," for the pur- 
 pose of (here insert "recording," or "registering," (here in- 
 sert "bets" or "wagers"), 
 
 (2.) 
 did then and there (here insert "record," or "register,") a cer- 
 tain (here insert "bet," or "wager,") upon the result of a cer-
 
 368 PRACTICE IN THE MUNICIP.Ui COURT. 
 
 tain (here insert "trial," or "test,") of (here insert "skill,'* 
 "speed," or "power of endurance,") of a certain (here insert 
 "man" or "beast,") to-wit: 
 
 (3.) 
 did then and there unlawfully (here insert "record," or "regis- 
 ter,") a certain (here insert "bet," or "wager,") upon the re- 
 sult of a certain political (here insert "nomination," "ap- 
 pointment, " or " election, ") to-wit : 
 
 (4.) 
 did then and there unlawfully sell pools upon the result of a 
 certain trial or test of (here insert "skill," "speed," or "power 
 of endurance,") of a certain (here insert "man," or "beast,") 
 to-wit : 
 
 (5.) 
 was then and there the (here insert "lessee," or "occupant,") 
 of a certain (here insert "room," "shed," "tenement," "tent," 
 "booth," "building," "part of room," "part of shed," "part of 
 tenement," "part of booth," "part of building,") and did then 
 
 and there knowingly permit the said to be then 
 
 and there (here insert "used," or "occupied,") for the purpose 
 of (here insert "recording," or "registering,") bets or wagers 
 and selling pools upon the result of a certain political (here in- 
 sert ' ' nomination, " " appointment, " or " election ' ' ) to-wit .... 
 
 (6.) 
 was then and there (here insert "the owner," "the lessee," or 
 "the occupant,") of a certain (here insert "room," "shed," 
 ' ' tenement, " " tent, " or " building, " or " part of room, " or " part 
 of shed," or "part of tenement," or "part of tent," or "part 
 of booth," or "part of building,") and did therein (here insert 
 "keep," "exhibit," or "employ,") a certain (here insert "de- 
 vice," or "apparatus,") for the purpose of (here insert "regis- 
 tering") (here insert "bets," or "wagers,") upon the result of a 
 (here insert "trial," or "test,") of (here insert "skill," 
 "speed," or "power of endurance,") of a certain (here insert 
 "man," or "beast") to-wit
 
 STATUTORY MISDEMEANORS. 369 
 
 (7.) 
 was then and there (here insert "the owner," "the lessee," or 
 "the occupant,") of a certain (here insert "room," "shed," 
 ' ' tenement, " " tent, "or " building, " or " part of room, " or " part 
 of shed," or "part of tenement," or "part of tent," or "part 
 of booth," or "part of building,") and did therein (here insert 
 "keep," "exhibit," or "employ") a certain (here insert "de- 
 vice," or "apparatus,") for the purpose of selling pools 
 upon the result of a (here insert "trial," or "test,") of (here in- 
 sert "skill," "speed," or "power of endurance") of a certain 
 (here insert "man," or "beast") to-wit, 
 
 (8.) 
 was then and there (here insert "the owner," "the lessee," or 
 "the occupant,") of a certain (here insert "room," "shed," 
 "tenement," "tent," or "building," or "part of room," or 
 "part of shed," or "part of tenement," or "part of tent," or 
 "part of booth," or "part of building,") and did therein (here 
 insert "keep," "exhibit," or "employ") a certain (here insert 
 "device," or "apparatus,") for the purpose of selling pools 
 hpon the result of a certain political (here insert "nomination," 
 "appointment," or "election") to-wit, 
 
 (9.) 
 did then and there become the (here insert "custodian," or "de- 
 pository,") for (here insert "hire," or "privilege,") of certain 
 (here insert "money," "property," or "thing of value, to- 
 
 Avit : ") which had then and there been 
 
 (here insert "staked," "wagered," or "pledged,") upon the 
 result of (here insert "a trial," or "a test") of ("skill," 
 "speed," or "power of endurance,") of a certain (here insert 
 
 "man," or "beast,") to-wit: (or "upon the 
 
 result of a certain political (here insert 'nomination,' 'appoint- 
 ment, ' or ' election ' ) , " 
 
 An act to prohibit the use of clock, tape, slot or other machines 
 or devices for gambling purposes. Approved and in force June 
 21, 1895. Laws of 1895, p. 156. 
 
 The penal provisions of this act are found in paragraphs 137/. 
 137fir and 1377t, p. 701, Kurd's R. S. of 1905, Chapter 38. 
 24
 
 o70 PRACTICE IN THE MUNICIPAL COURT, 
 
 1. OPERATING CLOCK, TAPE, SLOT OR OTHER MACHINES OR OTHER 
 DEVICES FOR GAMBLING PURPOSES. PAGE 701, PAR. IS?/. 
 
 (1.) 
 
 did then and there in a certain (here insert "room," "saloon," 
 "inn," "tavern," "shed," "booth," "building," "enclosure," 
 "part of a room," "part of a saloon," "part of an inn," "part 
 of a tavern," "part of a shed," "part of a booth," "part of a 
 building," "part of an enclosure,") (here insert "operate," 
 "keep," "own," "rent," "use,") a certain (here insert "clock," 
 
 "joker," "slot machine," " " which was then 
 
 and there a device upon which money was then and there haz- 
 arded), 
 
 (2.) 
 did then and there in a certain (here insert "room," "saloon," 
 "inn," "tavern," "shed," "booth," "building," "enclosure," 
 "part of room," "part of saloon," "part of inn," "part of a 
 tavern, " " part of a shed, " " part of a booth, " " part of a build- 
 ing, " " part of an enclosure, " ) ( here insert ' ' operate, " " keep, ' * 
 "own," "rent," "use,") a certain device in which money was 
 then and there (here insert "paid," or "pledged,") upon (here 
 insert "the chance," or "the result,") of the action on which 
 money was then and there (here insert "staked," "bet," "haz- 
 arded," "won," or "lost"), 
 
 2. HAVING IN POSSESSION. PAGE 701, PAR. 1378. 
 
 was then and there the (here insert "owner," "occupant," "les- 
 see," "mortgagee," or " ") of certain premises, 
 
 to-wit : upon which said premises there 
 
 was then and there located a certain gambling device, to-wit : . . 
 
 GAME. 
 
 The statutory provisions on this subject are contained in the 
 following acts: 
 
 An act for the protection of game, wild fowl and birds, and 
 to repeal certain acts relating thereto. Approved May 28, 1903. 
 In force July 1, 1903. Laws of 1903, p. 206.
 
 STATUTORY MISDEMEANORS. 371 
 
 An act amendatory of the foregoing act. See Laws of 1905, 
 p. 273. 
 
 The penal provisions of these acts are found in paragraphs 
 ] to 10, pp. 1108-1111, and paragraphs 25 to 31, pp. 1114-1116, 
 Kurd's E. S. of 1905, Chapter 61. 
 
 (forms op information omitted.) 
 
 GENERAL ASSE]\IBLY. 
 
 The statutory provisions on this subject are contained in the 
 following act : 
 
 An act to revise the law in relation to the General Assembly. 
 Approved and in force February 25, 1874. R. S. of 1874, p. 555. 
 
 The penal provision of this act is found in paragraph 12, p. 
 1126, Kurd's R. S. of 1905, Chapter 63. 
 
 (form of complaint omitted.) 
 
 GRAVES, GRAVEYARDS AND CEMETERIES. 
 
 'I'he statutory provisions on this subject are contained in the 
 following act: 
 
 An act to revise the law in relation to criminal jurisprudence. 
 Approved March 27, 1874. In force July 1, 1874. R. S. of 
 1874, p. 352. 
 
 The penal provisions of this act are found in paragraph 139, 
 p. 702, Kurd's R. S. of 1905, Chapter 38. 
 
 FORMS OF information. 
 (1.) 
 
 did then and there willfully and maliciously (here insert "in- 
 jure," "deface," "remove," or "destroy,") a certain (here in- 
 sert "vault," "tomb," "monument," "gravestone," or " 
 
 ") which was then and there a memorial of the dead, 
 
 (2.) 
 did then and there wilfully and maliciously (here insert "in- 
 jure," "deface," "remove," "destroy,") a certain (here in- 
 sert "fence," or "enclosure,") about a certain (here insert 
 "cemetery," or "place of burial of the dead,") which said. . . . 
 was then and there located at
 
 372 PRACTICE IN THE MUNICIPAL COURT. 
 
 (3.) 
 did then and there wilfully (here insert "cut," ''break," "re- 
 move," or "injure,") a certain (here insert "tree," "shrub," 
 
 or "plant") within a certain enclosure, to-wit, 
 
 which was then and there a (here insert "cemetery," or "place 
 of burial of the dead,"). 
 
 (4.) 
 did then and there maliciously disturb the contents of a certain, 
 (here insert "vault," "tomb," or "grave,") to-wit: , 
 
 HABEAS COKPUS. 
 
 The statutory provisions on this subject are contained in the 
 following act: 
 
 An act to revise the law in relation to habeas corpus. Ap- 
 proved March 2, 1874. In force July 1, 1874. R. S. of 1874. 
 
 The penal provisions of the act are contained in paragraph 30, 
 p. 1140, Kurd's R. S. of 1905, Chapter 65. 
 
 (forms of information OMITTED.) 
 
 HAZING. 
 The statutory provisions on this subject are contained in the 
 following act: 
 
 An act defining hazing, making the same a misdemeanor and 
 fixing the punishment thereof. Approved May 10, 1901. In 
 force July 1, 1901. Laws of 1901, p. 145. 
 
 The penal provisions in question are found in paragraphs 
 534-535, p. 761, Kurd's R. S. of 1905, Chapter 38. 
 
 (forms OF INFORMATION OMITTED.) 
 ICE. 
 
 The statutory provisions on this subject are contained in the 
 following acts: 
 
 An act to revise the law in relation to criminal jurisprudence. 
 Approved March 27, 1874. In force July 1, 1874. R. S. of 
 1874, p. 352. 
 
 An act amendatory of the foregoing act. See Laws of 1883, 
 p. 76.
 
 STATUTORY MISDEMEANORS. 373 
 
 The penal provisions of these acts are found in paragraph 
 272a, p. 730, Kurd's R. S. of 1905, Chapter 38. 
 
 (forms of information omitted.) 
 
 IMMORAL NEWSPAPERS. 
 
 The statutory provisions on this subject are contained in the 
 following act : 
 
 An act to suppress selling, lending, giving away or showing 
 to any minor child any paper or publication principally devoted 
 to illustrating or describing immoral deeds. Approved June 3, 
 1889. In force July 1, 1889. Laws of 1889, p. 114. 
 
 The penal provisions of this act are found in paragraph 485, 
 p. 753 of Kurd's R. S. of 1905, Chapter 38. 
 
 FORMS OF INFORMATION. 
 
 1. SELLING IMMORAL PUBLICATIONS TO MINORS. PAGE 753, 
 
 PAR. 483. 
 
 did then and there unlawfully (here insert "sell," "lend," 
 "give away," or "show," or "have in his possession with in- 
 tent to sell," or "have in his possession with intent to give 
 away," or "have in his possession with intent to show," or 
 "have in his possession with intent to advertise," or "offer for 
 loan," or "offer for gift," or "offer for distribution,") to one 
 
 who was then and there a minor child, 
 
 a certain (here insert "book," "pamphlet," "magazine," 
 
 "newspaper," "story paper," or " ") then and 
 
 there devoted to the publication of (here insert "criminal 
 news," or "police reports of accounts of criminal deeds" or "pic- 
 tures and stories of deeds of bloodshed, lust or crime") 
 
 2. EXHIBITING PUBLICATION CONTAINING POLICE NEWS, ETC. PAGE 
 
 753, PAR. 484. 
 
 (1.) 
 
 did then and there unlawfully exhibit upon a certain (here in- 
 sert "street," or "highway,") to-wit, street 
 
 (here insert "a book," "a pamphlet," "a magazine," "a news- 
 paper," "story paper," or " ") then and there de- 
 voted to the publication of (here insert "criminal news," "po-
 
 37-1 PRACTICE IN THE MUNICIPAL COURT. 
 
 lice reports of accounts of criminal deeds'' or "pictures and 
 stories of deeds of bloodshed, lust or crime"), 
 
 (2.) 
 did then and there unlawfully exhibit in a certain place, to-\vit 
 
 which was then and there within the 
 
 view of a certain minor child, to-wit (here 
 
 insert ' ' a book, " " a pamphlet, " " a magazine, " " a newspaper, ' ' 
 
 "story paper," or " ") then and there devoted 
 
 to the publication of (here insert "criminal news," "police re- 
 ports of accounts of criminal deeds" or "pictures and stories of 
 deeds of bloodshed, lust or crime"), 
 
 3. GIVING AWAY OR SELLING TO MINORS SUCH PUBLICATIONS. 
 PAGE 753, PAR. 485. 
 
 (1.) 
 
 did then and there unlawfully (here insert "hire," "use," or 
 
 "employ,") one who was then and there a 
 
 minor child to (here insert "sell," "give away," or "distrib- 
 ute,") certain (here insert "books," "pamphlets," "maga- 
 zines," "news papers," "story papers," or " ") 
 
 then and there devoted to the publication of (here insert "crim- 
 inal news," "police reports of accounts of criminal deeds" or 
 "pictures and stories of deeds of bloodshed, lust and crime") 
 
 (2.) 
 did then and there have the (here insert "care," "custody," or 
 
 ' ' control, " ) of who was then and 
 
 there a minor child, and did then and there permit said 
 
 to then and there (here insert "sell," 
 
 "give away," or "distribute,") certain (here insert "books," 
 "pamphlets," "magazines," "news papers," "story papers," or 
 " ") then and there devoted to the publi- 
 cation of (here insert "criminal news," or "police reports of ac- 
 counts of criminal deeds" or "pictures and stories of deeds of 
 bloodshed, lust and crime.") 
 
 INSURANCE. 
 The statutory provisions on this subject are contained in the 
 following acts: 
 
 An act to prevent fire insurance companies from advertising
 
 I 
 
 STATUTORY MISDEMEANORS. 375 
 
 as assets anything not available for the payment of losses by fire. 
 Approved May 31, 1879. In force July 1, 1879. Laws of 1879, 
 p. 180. 
 
 The penal provisions of this act are found in paragraph 24, 
 p. 1167, Hurd's R. S. of 1905, Chapter 73. 
 
 (forms of information omitted.) 
 
 An act to correct certain abuses and prevent unjust discrimi- 
 nations of and by life insurance companies doing business in this 
 state, between insurants of the same class and equal expectation 
 of life, in the rates, amount or payment of premiums, in the 
 return of premiums, dividends, rebates or other benefits. Ap- 
 proved June 19, 1891. In force July 1, 1891. Laws of 1891, 
 p. 148. 
 
 The penal provisions of this act are found in paragraphs 28- 
 29, pp. 1167-1168, Hurd's R. S. of 1905, Chapter 73. 
 
 (forms of information omitted.) 
 
 An act for the better regulation of the business of insurance, 
 and for the protection of the citizens of this State in their deal- 
 ings with insurance companies. Approved June 4, 1879. In 
 force July 1, 1879. Laws of 1879, p. 182. 
 
 The penal provisions of this act are found in paragraph 34, 
 p. 1169, Hurd's R. S. of 1905, Chapter 73. 
 
 (forms of information omitted.) 
 
 An act to govern foreign fire, marine and inland navigation 
 insurance companies doing business in the State of Illinois. Ap- 
 proved June 18, 1883. In force July 1, 1883. Laws of 1883, 
 p. 101. 
 
 The penal provisions of this act are found in paragraph 40, 
 pp. 1170-1171, Hurd's R. S. of 1905, Chapter 73. 
 
 (forms of information omitted.) 
 
 An act providing a penalty for a violation of section 30 of 
 an act entitled "An Act to incorporate and govern fire, marine 
 and inland navigation insurance companies doing business in 
 the State of Illinois," approved and in force March 11, 1869. 
 Approved June 22, 1893. In force July 1, 1893. Laws of 1893, 
 p. 100.
 
 376 PRACTICE IN THE MUNICIPAL COURT. 
 
 The penal provisions of this act are found in paragraph 40, 
 pp. 1172-3, Kurd's R. S. of 1905, Chapter 73. 
 
 (forms op INFORMATION OMITTED.) 
 
 An act to incorporate and govern fire, marine and inland 
 navigation insurance companies doing business in the State of 
 Illinois. Approved and in force March 11, 1869. Laws of 1869, 
 p. 209. 
 
 Acts amendatory of the foregoing acts. See Laws of 1877, 
 p. 122; Laws of 1879, p. 179; Laws of 1881, p. 99; Laws of 
 1889, p. 179; Laws of 1891, p. 146; Laws of 1897, p. 240; Laws 
 of 1899, p. 246; Laws of 1903, p. 220. 
 
 The penal provisions of these acts are found in paragraph 67, 
 pp. 1178-1180, paragraph 68, pp. 1180-1181, paragraph 72, p. 
 1183, and paragraph 76, p. 1185, of Hurd's R. S. of 1905, Chap- 
 ter 73. 
 
 (forms of INFORMATION OMITTED.) 
 
 An act to organize and regulate the business of life insurance. 
 Approved March 25, 1869. In force July 1, 1869. Laws of 
 1869, p. 229. 
 
 An act amendatory of the foregoing act. See Laws of 1887, 
 p. 202. 
 
 The penal provisions of these acts are found in paragraphs 
 189 and 190, p. 1206, and paragraph 204, p. 1208, Hurd's R. S. 
 of 1905, Chapter 73. 
 
 (forms of INFORMATION OMITTED.) 
 
 An act to incorporate and to govern accident life insurance 
 companies doing business in the State of Illinois. Approved 
 June 7, 1889. In force July 1, 1889. Laws of 1889, p. 169. 
 
 The penal provisions of this act are found in paragraphs 220, 
 221, 222 and 223, p. 1213, Hurd's R. S. of 1905, Chapter 73. 
 
 (forms of INFORMATION OMITTED.) 
 
 An act to incorporate companies to do the business of life or 
 accident insurance on the assessment plan and to control such 
 companies of this St^e and of other states doing business in 
 this State, and to repeal a certain act therein named, and pro-
 
 STATUTORY MISDEMEANORS. 377 
 
 viding and fixing the punishment for violation of the provisions 
 thereof. Approved June 22, 1893. In force July 1, 1893. 
 Laws of 1893, p. 117. 
 
 The penal provisions of this act are found in paragraphs 253 
 and 255, pp. 1221-2, Hurd's R. S. of 1905, Chapter 73. 
 
 (forms of information omitted.) 
 
 An act to provide for the organization and management of 
 fraternal beneficiary societies for the purpose of furnishing life 
 indemnity or pecuniary benefits to beneficiaries of deceased 
 members or accident or permanent indemnity disability to mem- 
 bers thereof; and to control such societies ©f this State and of 
 other states doing business in this State, and providing and fix- 
 ing the punishment for violation of the provisions thereof and 
 to repeal all laws now existing which conflict herewith. Ap- 
 proved and in force June 22, 1893. Laws of 1893, p. 130. 
 
 Acts amendatory of the foregoing act. See Laws of 1895, 
 p. 190; Laws of 1897, p. 237; Laws of 1901, p. 222; Laws of 
 1905, p. 291. 
 
 The penal provisions of these acts are found in paragraphs 
 268-270, pp. 1226-7, Hurd's R. S. of 1905, Chapter 73. 
 
 (forms op information omitted.) 
 
 An act to regulate and control the investment and safe keep- 
 ing of the reserve funds of fraternal beneficiary societies and to 
 enable such societies to deposit their reserve fund securities in 
 the custody of the State of Illinois, and to provide for the regis- 
 try thereof and provide compensation therefor, and providing a 
 penalty for the violation thereof. Approved May 14, 1903. In 
 force July 1, 1903. Laws of 1903, p. 218. 
 
 The penal provisions of this act are found in paragraph 212g, 
 p. 1228, Hurd's R. S. of 1905, Chapter 73. 
 
 (forms of information omitted.) 
 
 An act to incorporate companies to do the business of burglary 
 and casualty insurance on the mutual plan, and to control such 
 companies of this State and of other states and foreign govern- 
 ments doing business in this State. Approved April 24, 1899. 
 In force July 1, 1899. Laws of 1899, p. 232.
 
 378 PRACTICE IN THE MUNICIPAL COURT. 
 
 The penal provisions of this act are found in paragraph 295, 
 p. 1236, Kurd's R. S. of 1905. 
 
 (forms op information omitted.) 
 
 An act to provide for and regulate the business of guarantee- 
 ing titles to real estate by corporations. Approved May 13, 
 1901. In force July 1, 1901. Laws of 1901, p. 128. 
 
 The penal provisions of this act are found in paragraphs 302 
 and 307, pp. 1237-1238, Kurd's R. S. of 1905, Chapter 73. 
 (forms of information omitted.) 
 
 INTIMIDATION. 
 
 The statutory provisions on this subject are contained in the 
 following act : 
 
 An act to revise the law in relation to criminal jurisprudence. 
 Approved March 27, 1874. In force July 1, 1874. R. S. of 
 1874, p. 352. 
 
 The penal provisions in question are found in paragraphs 158, 
 159, 160 and 165, pp. 704-5, Kurd's R. S. of 1905, Chapter 38. 
 
 FORMS OF INFORMATION. 
 (1.) 
 
 did then and there combine for the purpose of depriving one 
 
 who was then and there the (here insert 
 
 "oT\Tier," or "possessor,") of certain property, to-wit: 
 
 of the lawful use and management of said 
 
 property, 
 
 (2.) 
 did then and there combine for the purpose of preventing by 
 
 (here insert "threats," "suggestions of danger," or " 
 
 ") one from then and there 
 
 being employed by who was then and there 
 
 the (here insert "owner," or "possessor,") of certain property 
 
 to-wit on such terms as he the said 
 
 and he the said then and there 
 
 might agree upon, 
 
 (3.) 
 did then and there by (here insert "threats," "intimidation," 
 or "unlawful interference,") seek to prevent one
 
 STATUTORY MISDEMEANORS. 379 
 
 from (here insert "working," or "from obtaining 
 
 work,") at a certain lawful business, to-wit: 
 
 on such terms as he, the said then 
 
 and there might see fit, 
 
 (4.) 
 did then and there enter a certain (here insert "coal bank," 
 "mine," "shaft," "manufactory building," or "premises,") of 
 
 one with intent to then and there commit 
 
 a certain injury to said premises, 
 
 (5.) 
 did then and there enter a (here insert "coal bank," "mine," 
 ^' shaft," "manufactory building," or "premises,") of one.... 
 
 with intent to cause one 
 
 who was a person then and there employed therein, by means of 
 (here insert "threats," "intimidation," "riotous doings," or 
 ** ") to leave his said employ, 
 
 JAILS AND JAILERS. 
 
 The statutory provisions on this subject are contained in the 
 following act: 
 
 An act to revise the law in relation to jails and jailers. Ap- 
 proved March 3, 1874. In force July 1, 1874. R. S. of 1874, 
 p. 616. 
 
 The penal provisions of this act are found in paragraphs 16- 
 23, p. 1251, Kurd's R. S. of 1905, Chapter 75. 
 
 (forms of information OMITTED.) 
 
 LARCENY. 
 
 The statutory provisions on this subject are contained in the 
 following acts: 
 
 An act to revise the law in relation to criminal jurisprudence. 
 Approved March 27, 1874. In force July 1, 1874. R. S. of 
 1874, p. 352. 
 
 An act to amend the criminal code, to change the punishment 
 of persons convicted of the crime of petit larceny and misde- 
 meanors and to repeal an act entitled ' ' An Act to amend section 
 168 of an act entitled *An Act to revise the law in relation to
 
 380 PRACTICE IN TUE MUNICIPAL COURT. 
 
 criminal jurisprudence,' approved March 27, 1874, in force July 
 1, 1874," approved April 10, 1877, and in force July 1, 1877. 
 Approved May 28, 1879. In force July 1, 1879. Laws of 1879^ 
 p. 117. 
 
 An act providing for the punishment of bailees for fraudu- 
 lently taking or converting property bailed and relating to in- 
 dictments therefor. Approved June 19, 1891. In force July 1, 
 1891. Laws of 1891, p. 100. 
 
 The penal provisions of these acts are found in paragraphs 
 167-168C, and 170-175, pp. 706-7 Kurd's R. S. of 1905, Chap- 
 ter 38. 
 
 FORMS OF INFORMATION. 
 1. LARCENY. PAGE 706, PAR. 167. 
 
 did feloniously steal, take and carry away (here insert descrip- 
 tion of property) of the value of dollars of the 
 
 personal goods of one 
 
 2. LARCENY BY BAILEE. PAGE 707, PAR. 170A. 
 
 (Same form as last preceding.) 
 
 3. LARCENY OF BEASTS AND BIRDS FERAE NATURAE. PAGE 707, 
 
 PAR. 171. 
 
 without the consent of one who was then 
 
 and there the owner of a certain (here insert "beast," or "bird," 
 mentioning it by name) which w^as then and there ordinarily 
 kept in a state of confinement, with felonious intent did then and 
 there the said (here insert the name of the beast or bird taken) 
 
 of the value of Dollars, steal, take and 
 
 carry away, 
 
 4. LARCENY OF LEAD PIPE. PAGE 707, PAR. 173. 
 
 without the consent of one who was then. 
 
 and there the owner of certain (here insert " 
 
 pounds of lead pipe," " faucets," " . . . . 
 
 stop cocks,") of the value of did feloni- 
 ously steal, take and carry away from a certain (here insert 
 
 "dwelling house," or " building,") known as. . . . 
 
 said (here insert "lead pipe," "faucets," or "stop
 
 STATUTORY MISDEMEANORS. 381 
 
 cocks,") which were then and there the property of said 
 
 and were then and there of the value of 
 
 dollars, 
 
 LIBEL. 
 
 The statutory provisions on this subject are contained in the 
 following act : 
 
 An act to revise the law in relation to criminal jurisprudence. 
 Approved March 27, 1874. In force July 1, 1874. R. S. of 
 1874, p. 352. 
 
 The penal provisions in question are found in paragraphs 177- 
 179, p. 707 Kurd's R. S. of 1905, Chapter 38. 
 
 FORM OP INFORMATION. 
 
 did then and there unlawfully and maliciously write, print and 
 publish a certain false, scandalous, malicious, and defamatory 
 
 libel of and concerning one which said libel 
 
 was and is as follows: (here set forth the libellous words com- 
 plained of with innuendoes) ; which said libel was then and 
 there intended to impeach the honesty, integrity, virtue and rep- 
 utation of the said and then and there to 
 
 expose him, the said , .to public hatred, con- 
 tempt and ridicule, 
 
 LIBRARIES. 
 
 The statutory provisions on this subject are 'contained in the 
 following acts : 
 
 An act to enable boards of directors of public libraries to 
 borrow money for the erection and improvement of library 
 buildings or to purchase library sites. Approved May 18, 1905. 
 In force July 1, 1905. Laws of 1905, p. 313. 
 
 The penal provisions of this act are found in paragraph 39, 
 p. 1310 of Kurd's R. S. of 1905, Chapter 81. 
 
 An act to provide for the formation and disbursement of a 
 public library employes' pension fund in cities having a popula- 
 tion exceeding 100,000 inhabitants. Approved May 12, 1905. 
 In force July 1, 1905. Laws of 1905, p. 309. 
 
 The penal provisions of this act are found in paragraph 56, 
 pp. 1314-1315, Kurd's R. S. of 1905, Chapter 81. 
 
 (forms of INFORMATION OMITTED.)
 
 382 PRACTICE IN THE MUNICIPAL COURT. 
 
 LIENS. 
 
 The statutory provisions on this subject are contained in the 
 following act: 
 
 An a«t to revise the law in relation to mechanics' liens. To 
 whom, what for and when lien is given; who is a contractor; area 
 covered by and extent of lien ; when the lien attaches. Ap- 
 proved May 18, 1903. In force July 1, 1903. Laws of 1903, 
 p. 230. 
 
 The penal provisions of this act are found in paragraph 50, 
 p. 1328, Kurd's R. S. of 1905, Chapter 82. 
 
 (forms of information omitted.) 
 
 LOTTERIES AND LOTTERY POLICIES. 
 
 The statutory provisions on this subject are contained in the 
 following acts: 
 
 An act to revise the law in relation to criminal jurisprudence. 
 Approved March 27, 1874. In force July 1, 1874.. R. S. of 
 1874, p. 352. 
 
 The penal provisions in question are found in paragraphs 
 180-185, pp. 707-8, Hurd's R. S. of 1905, Chapter 38. 
 
 forms of information. 
 1. setting up lotteries, page 707, par. 180. 
 
 (1.) 
 
 did then and there unlawfully set up a lottery for money, 
 
 (2.) 
 did then and there promote a lottery for money, 
 
 (3.) 
 
 did then and there dispose of certain property, to-wit, 
 
 of the value of to-wit, 
 
 dollars by way of a lottery, 
 
 (4.) 
 did then and there under pretence of a (here insert "sale,'* 
 
 "gift," or "delivery,") of certain property to-wit, 
 
 (or "a certain right," or "a certain privi- 
 lege,") did then and there (here insert "dispose of," "offer
 
 STATUTORY MISDEMEANORS. 383 
 
 to dispose of," or "attempt to dispose of,") certain (here in- 
 sert "real," or "personal,") property, to-wit 
 
 with intent then and there to make the disposal 
 
 of said property (here insert "dependent upon," or "connected 
 with,") a certain chance by (here insert "dice," "a clock," 
 
 "numbers," "a game," "hazard," or " which 
 
 was then and there a gambling device") whereby the said (here 
 insert "chance," or "device,") was then and there made an 
 additional inducement to the disposal (or "sale") of said prop- 
 erty, 
 
 (5.) 
 did then and there aid by (here insert "printing," or "writ- 
 ing,") in (here insert "setting up," "managing," or "draw- 
 ing,") a certain lottery, 
 
 2. PERMITTING LOTTERIES. PAGE 708, PAR. 181. 
 (1.) 
 
 did then and there in a cei'tain (here insert "house," "shop," 
 or "building,") then and there (here insert "owned," or "oc- 
 cupied") by (or "under the control of") one 
 
 knowingly permit the setting up, managing and drawing of a 
 lottery, 
 
 (2.) 
 did then and there in a certain (here insert "house," "shop," 
 or "building,") then and there (here insert "owned," or "oc- 
 cupied") by (or "under the control of") one 
 
 knowingly permit the (here insert "disposal" or "attempted 
 
 disposal") of certain property, to-wit : 
 
 under the pretence of a (here insert "sale," "gift," or "deliv- 
 ery,") of certain other (here insert "property," "right," or 
 "privilege,") with intent to make the disposal of said property 
 (here insert "dependent upon," or "connected with,") a cer- 
 tain chance by (here insert "dice," "a clock," "numbers," 
 
 ' ' a game, " " hazard, " or " which was then and 
 
 there a gambling device") whereby said (here insert "chance," 
 or "device,") was then and there made an additional induce- 
 ment to the (here insert "disposal," or "sale,") of said prop- 
 erty
 
 384 PRACTICE IN THE MUNICIPAL COURT. 
 
 (3.) 
 did then and there in a certain (here insert "house," "shop,'* 
 or "buildiiic:,") then and there (here insert "owned," or "oc- 
 
 eupied,") by (or "under the control of") one 
 
 knowingly permit the sale of a certain (here insert "lottery 
 ticket," or "share of a lottery ticket," or "a certain written 
 
 certificate," "bill," "token," or " which 
 
 was then and there a device") then and there (here insert "pur- 
 porting," or "intended,") to entitle the holder, buyer or any 
 person to a (here insert "prize," or "share of a prize," or "in- 
 terest in a prize,") to be drawn in a certain lottery, 
 
 (4.) 
 did then and there in a certain (here insert "house," "shop," 
 or "building,") then and there (here insert "owned," or "oc- 
 cupied,") by (or "under the control of") one 
 
 knowingly suffer (here insert " dollare," or " 
 
 ") to be raffled for in said (here insert "house," 
 
 "shop," or "building"), 
 
 (5.) 
 did then and there in a certain (here insert "house," "shop," 
 or "building,") then and there (here insert "owned," or "oc- 
 cupied") by (or "under the control of") one 
 
 knowingly suffer (here insert " dollars, ' ' or 
 
 " ") to be won by (here insert "throw- 
 ing," or "using,") dice, 
 
 (6.1 
 did then and there in a certain (here insert "house," "shop," 
 or "building,") then and there (here insert "owned," or "oc- 
 cupied,") by (or "under the control of") one 
 
 knowingly suffer (here insert " dollars," or 
 
 " ") to be won by a certain game of chance, 
 
 to-wit, 
 
 An act for the prevention of policy playing. Approved April 
 29, 1905. In force July 1, 1905. Laws of 1905, p. 192. 
 
 The penal provisions of this act are found in paragraphs 185a 
 to 185c, pp. 708 to 709, Kurd's R. S. of 1905, Chapter 38. 
 
 (forms of information OMITTED.)
 
 STATUTORY MISDEMEANORS. 385 
 
 LUNATICS. 
 
 The statutory provisions on this subject are contained in the 
 following acts: 
 
 An aet to revise the law in relation to the commitment and 
 detention of lunatics and to provide fpr the appointment and 
 removal of conservators, and to repeal certain acts therein 
 named. Approved June 31, 1893. In force July 1, 1893. 
 Laws of 1893, p. 140. 
 
 An act amendatory of the foregoing aet. See Laws of 1903, 
 p. 245. 
 
 The penal provisions of these acts are found in paragraph 28, 
 p. 1343, Kurd's E. S. of 1905, Chapter 85. 
 
 (forms of information omitted.) 
 
 An act to require superintendents of hospitals for the insane 
 to make reports to the county clerks of the various counties of 
 this State. Approved June 8, 1887. In force July 1, 1887. 
 Laws of 1887, p. 100. 
 
 The penal provisions of this act are found in paragraph 41, 
 p. 1345, Kurd's R. S. of 1905, Chapter 85. 
 
 (forms of information omitted.) 
 
 MALICIOUS MISCHIEF. 
 
 The statutory provisions on this subject are contained in the 
 following acts: 
 
 An act to revise the law in relation to crirainai jurisprudence. 
 Approved March 27, 1874. In force July 1, 1874. B. S. of 
 1874, p. 352. 
 
 Acts amendatory of the foregoing act. See Law of 1883, p. 
 75 ; Laws of 1891, p. 102. 
 
 The penal provisions of these acts are found in paragraplis 
 191-193, 195-197, 198-202, 204 and 205, pp. 710-712, Kurd's R. 
 S. of 1905, Chapter 38.
 
 386 PRACTICE IN THE MUNICIPAL COURT. 
 
 FORMS OF INFORMATION. 
 
 1. RAILROAD ENGINEERS KILLING. ETC., ANIMALS. PAGE 710. 
 
 PAR. 191. 
 
 (1.) 
 
 was then and there an engineer (or whatever the person was) 
 and then and there had charge of and was then and there run- 
 ning a certain railroad (here insert "engine," or "locomotive,") 
 and did then and there unlawfully (here insert "wilfully," or 
 "unnecessarily,") (here insert "kill," "wound," or "disfig- 
 ure,") a certain (here insert "horse," "cow," "mule," "hog," 
 
 or " then and there a useful animal") of the 
 
 value of dollars, which said 
 
 was then and there the property of 
 
 (2.) 
 was then and there an engineer and did then and there have 
 charge of and was running a certain railroad engine and did 
 then and there (here insert "wantonly," or "unnecessarily,") 
 blow the whistle of said engine and did thereby frighten a cer- 
 tain team then and there the property of 
 
 2. INJURING OR DESTROYING BAGGAGE. PAGE 711, PAR. 193. 
 
 was then and there a (here insert "baggage master," "express 
 
 agent," "stage driver," "hackman," or " ") and 
 
 was then and there employed by and it was 
 
 then and there the duty of said to then and there 
 
 (here insert "handle," "remove," or "take care of trunks, 
 valises, boxes, packages and parcels, while loading, transporting, 
 unloading, delivering or storing the said boxes") and did then 
 and there (here insert "wantonly," or "recklessly,") (here in- 
 sert "injure," or "destroy,") one (here insert "trunk," "va- 
 ILse," "box," "package," or "parcel"), 
 
 3. INJURING JAILS. PAGE 711, PAR. 195. 
 
 did then and there wilfully and maliciously (here insert "break 
 down," "destroy," or "by injure,") a cer- 
 tain (here insert "public jail, to-wit, the jail located at
 
 STATUTORY MISDEMEANORS. 387 
 
 " or ' * ") which was then and 
 
 there a place of confinement of offenders), 
 
 4, INJURING PUBLIC BUILDINGS, ETC. PAGE 711, PAR. 196. 
 
 did then and there maliciously and wilfully and without cause 
 
 (here insert "deface," " " or "injure,") a 
 
 certain (here insert "school house," "church," or " ") 
 
 then and there a building erected and used for the purpose of 
 education or a building then and there erected 
 
 An act to punish persons for removing waste lubricated pack- 
 ing or other material from the journal boxes of engines, tires or 
 cars without authority. Approved June 11, 1897. In force 
 eluly 1, 1897. Laws of 1897, p. 203. 
 
 Th<', penal provisions of this act are contained in paragraph 
 186a, p. 710, Kurd's R. S. of 1905, Chapter 38. 
 
 (forms of INFORMATION OMITTED.) 
 
 MARKS AND BRANDS. 
 The statutory provisions on this subject are contained in the 
 following act : 
 
 An act to revise the law in relation to criminal jurisprudence. 
 Approved March 27, 1874. In force July 1, 1874. R. S. of 
 1874, p. 352. 
 
 The penal provisions of this act are found in paragraph 206, 
 p. 713, Kurd's R. S. of 1905, Chapter 38. 
 
 (forms of INFORMATION OMITTED.) 
 
 MARRIAGES. 
 
 The statutory provisions on this subject are contained in the 
 following acts : 
 
 An act to revise the law in relation to marriages. Approved 
 February 27, 1874. In force July 1, 1874. R. S. of 1874, 
 p. 694. 
 
 An act amendatory of the foregoing act. See Laws of 1905, 
 p. 317. 
 
 The penal provisions of these acts are contained in paragraph 
 13, p. 1354, Kurd's R. S. of 1905, Chapter 89. 
 
 (forms of complaint OMITTED.)
 
 388 PRACTICE IN THE MUNICIPAL COURT. 
 
 MEDICINE AND SURGERY. 
 
 The statutory provisions on this subject are contained in the 
 following acts : 
 
 An act to promote the science of medicine and surgery in the 
 State of Illinois. Approved June 26, 1885. In force July 1, 
 1885. Laws of 1885, p. 211. 
 
 The penal provisions of this act are found in paragraph 3, 
 pp. 1358-9, Kurd's R. S. of 1905, Chapter 91. 
 
 (forms of INFORMATION OMITTED.) 
 
 An act to reg-ulate the practice of medicine in the State of 
 Illinois and to repeal an act therein named. Approved April 24, 
 1899. In force July 1, 1899. Laws of 1899, p. 273. 
 
 The penal provisions of this act are found in paragraphs 13 
 and 14, p. 1361, Kurd's R. S. of 1905, Chapter 91. 
 
 An act to prohibit physicians from practicing medicine in the 
 name of another physician or by holding themselves out as other 
 physicians for the purpose of imposing upon or defrauding any 
 other person in this state. Approved May 11, 1901. In force 
 July 1, 1901. Laws of 1901, p. 237. 
 
 The penal provisions of this act are contained in paragraphs 
 18 and 18a, p. 1361 of Kurd's R. S. of 1905, Chapter 91. 
 
 (forms of INFORMATION OMITTED.) 
 
 An act to regulate the practice of pharmacy in the State of 
 Illinois, to make an appropriation therefor and to repeal certain 
 acts therein named. Approved May 11, 1901. In force July 1, 
 1901. Laws of 1901, p. 238. 
 
 An act amendatoiy of the foregoing act. See Laws of 1903, 
 p. 248. 
 
 The penal provisions of these acts are found in paragraphs 20, 
 30, 31, 326 and 33, pp. 1362-1366, Kurd's R. S. of 1905, Chap- 
 ter 91. 
 
 (forms of COMPLAINT OMITTED.) 
 
 An act to regulate the practice of dental surgery and den- 
 tistry in the State of Illinois and to repeal an act therein named. 
 Approved May 18, 1905. In force July 1, 1905. Laws of 1905, 
 p. 319.
 
 STATUTORY MISDEMEANORS. 389 
 
 The penal provisions of this act are found in paragraph 44a, 
 p. 1368, Kurd's R. S. of 1905, Chapter 91. 
 
 (forms of complaint omitted.) 
 
 An act to regulate the practice of veterinary medicine and 
 surgeiy in the State of Illinois. Approved April 24, 1899. In 
 force July 1, 1899. Laws of 1899, p. 277. 
 
 An act amendatory of the foregoing act. See Laws of 1903, 
 p. 6. 
 
 The penal provisions of these acts are found in paragraph 54, 
 pp. 1371-2, Hurd's R. S. of 1905, Chapter 91. 
 
 (forms of complaint omitted.) 
 
 MINES AND MINERS. 
 
 The statutory provisions on this subject are contained in the 
 following acts: 
 
 An act to revise the laws in relation to coal mines and sub- 
 jects relating thereto, and providing for the health and safety 
 of persons employed therein. Approved April 18, 1899. In 
 force July 1, 1899. Laws of 1899, p. 300. 
 
 Acts amendatory of the foregoing acts. See Laws of 1905, pp. 
 324, 325, 326, 329 and 330. 
 
 The penal provisions of these acts are found in paragraph 33, 
 pp. 1393-4, Hurd's R. S. of 1905, Chapter 93. 
 
 (forms of information omitted.) 
 
 An act to prohibit the use of certain oils in coal mines and 
 penalties for infractions of same. Approved April 30, 1895. 
 In force July 1, 1895. Laws of 1895, p. 256. 
 
 The penal provisions of this act are found in jiaragraph 36, p. 
 1395, Hurd's R. S. of 1905, Chapter 93. 
 
 Cforms of information omitted.) 
 
 An act to require owners and operators of coal mines to pro- 
 vide eveiy coal mine with wash rooms for the use of miners 
 therein employed. Approved May 14, 1903. In force July 1, 
 1903. Laws of 1003. v. 252.
 
 390 PRACTICE IN TILE MUNICIPAL COURT. 
 
 The penal pi-ovisions of this act are found in para^-aph 38, p. 
 
 1395, Kurd's R. S. of 1905, Chapter 93. 
 
 (forms of INFORMATION OMITTED.) 
 
 An act concerning the use of powder in coal mines. Ap- 
 proved and in force May 14, 1903. Laws of 1903, p. 252. 
 
 The penal provisions of this act are found in paragraph 42, p. 
 
 1396, Kurd's R. S. of 1905, Chapter 93. 
 
 (forms OF INFORMATION OMITTED.) 
 
 An act providing that operators of mines shall furnish shot 
 firers in mines where shooting and blasting is done. Approved 
 May 18, 1905. In force July 1, 1905. Laws of 1905, p. 328. 
 
 The penal provisions of this act are found in paragraph 
 47, pp. 1396-7, Kurd's R. S. of 1905, Chapter 93. 
 
 An act in relation to sinking, filling and operating of oil or gas 
 wells. Approved and in force May 16, 1905. Laws of 1905, 
 p. 32. 
 
 The penal provisions of this act are found in paragraph 
 51, p. 1398, Kurd's R. S. of 1905, Chapter 93. 
 
 An act to revise the law in relation to mines. Approved 
 March 27, 1874. In force July 1, 1874. R. S. of 1874, pp. 
 1398-9. 
 
 The penal provisions of this act are found in paragraph 
 12, p. 1399, Kurd's R. S. of 1905, Chapter 94. 
 
 (forms of INFORMATION OMITTED.) 
 
 MISCONDUCT OF OFFICERS. 
 
 The statutory provisions on this subject are contained in the 
 following acts : 
 
 An act to revise the law in relation to criminal jurisprudence. 
 Approved March 27, 1874. In force July 1, 1874. R. S. of 
 1874, p. 352. 
 
 An act amendatory of the foregoing act. See Laws of 1877, 
 p. 87. 
 
 The penal provisions of these acts are found in paragraph
 
 STATUTORY MISDEMEANORS. 391 
 
 208, p. 713, and paragraphs 209-213, pp. 714-715, and paragraph 
 218, p. 716, Kurd's R. S. of 1905, Chapter 38. 
 
 (forms of information omitted.) 
 
 An act to punish fraud or extravagance in the expenditures of 
 moneys appropriated for public improvements. Approved May 
 28, 1877. In force July 1, 1877. Laws of 1877, p. 92. 
 
 The penal provisions of this act are found in paragraphs 
 208a and 208&, pp. 713-714, Kurd's R. S. of 1905, Chapter 38. 
 (forms op information omitted.) 
 
 MISDEMEANORS NOT ESPECIALLY PROVIDED FOR. 
 
 The statutory provisions on this subject axe contained in the 
 following act : 
 
 An act to revise the law in relation to criminal jurisprudence. 
 Approved March 27, 1874. In force July 1, 1874. R. S. of 
 1874, p. 352. 
 
 The penal provisions of this act are found in paragraph 
 278, p. 731, Kurd's R. S. of 1905, Chapter 38. 
 
 (forms of information omitted.) 
 
 NAMES. 
 
 The statutory provisions on this subject are contained in the 
 following act : 
 
 An act to revise the law in relation to criminal jurisprudence. 
 Approved March 27, 1874. In force July 1, 1874. R. S. of 
 1874, p. 352. 
 
 The penal provisions in question are found in pai-agraph 220, 
 p. 716, Kurd's R. S. of 1905, Chapter 38. 
 
 (forms of complaint omitted.) 
 
 NUISANCES. 
 
 The statutory provisions on this subject are contained in the 
 following act : 
 
 An act to revise the law in relation to criminal jurisprudence. 
 Approved March 27, 1874. In force July 1, 1874. R. S. of 
 1874, p. 352.
 
 392 PRACTICE IN THE MUNICIPAL COURT. 
 
 The penal provisions in question are found in paragraphs 221- 
 222, p. 716-717, Kurd's R. S. of 1905, Chapter 38. 
 
 (forms op information OMITTED.) 
 
 OBSCENE PUBLICATIONS. 
 
 The statutory provisions on this subject are contained in the 
 following act: 
 
 An act to revise the law in relation to criminal jurisprudence. 
 Approved March 27, 1874. In force July 1, 1874. R. S. of 
 1905, p. 352. 
 
 The penal provisions in question are contained in paragraplis 
 223-224, p. 717, Kurd's R. S. of 1905, Chapter 38. 
 
 (forms of complaint OMITTED.) 
 
 OFFICERS. 
 
 The statutory provisions on this subject are contained in the 
 following act: 
 
 An act to require officers having in their custody public funds 
 to prepare and publish an annual statement of the receipt and 
 disbursements of such funds. Approved May 30, 1881. In force 
 July 1, 1881. Laws of 1881, p. 124. 
 
 The penal provisions of this act are found in paragraph 
 10, p. 1417, Kurd's R. S. of 1905, Chapter 102. 
 
 (forms of complaint omitted.) 
 
 OIL INSPECTION. 
 
 The statutory provisions on this subject are contained in the 
 following acts: 
 
 An act to revise the law in relation to oil inspection. Ap- 
 proved March 12, 1874. In force July 1, 1874. R. S. of 1874, 
 p. 731. 
 
 An act amendatory of the foregoing act. See Laws of 1887, 
 p. 242. 
 
 The penal provisions of these act^ are found in paragraphs 
 6-8, pp. 1421-2, Kurd's R. S. of 1905, Chapter 104. 
 
 (forms of complaint omitted.)
 
 STATUTORY MISDEMEANORS. 393 
 
 PAEKS. 
 
 The statutory provisions on this subject are contained in the 
 following act: 
 
 An act to authorize the corporate authorities of towns to 
 issue bonds for the completion and improvement of public parks 
 and boulevards, and to provide a tax for the payment of the 
 same. Approved June 9, 1897. In force July 1, 1897. Laws 
 of 1897, p. 275. 
 
 The penal provisions of this act are found in paragraph 
 202, p. 1477, Kurd's R. S. of 1905, Chapter 105. 
 
 (forms of information omitted.) 
 
 PAUPERS. 
 
 The statutory provisions on this subject are contained in the 
 following act: 
 
 An act to revise the law in relation to paupers. Approved 
 March 23, 1874. In force July 1, 1874. R. S. of 1874, p. 754. 
 
 The penal provisions of this act are found in paragraph 
 13, p. 1499, Kurd's R. S. of 1905, Chapter 107. 
 
 (forms of information omitted.) 
 
 PAWN BROKERS. 
 
 The statutory provisions on this subject are contained in the 
 following act: 
 
 An act for the regulation of pawnbrokers. Approved June 4, 
 1879. In force July 1, 1879. Laws of 1879, p. 219. 
 
 The penal provisions of this act are contained in paragraph 
 3, p. 1503, Kurd's R. S. of 1905, Chapter 107a. 
 
 (forms of information omitted.) 
 
 PENITENTIARIES. 
 
 The statutory provisions on this subject are contained in the 
 following acts : 
 
 An act to regulate the employment of convicts and prisoners 
 in the penal and reformatory institution's of the State of Illi- 
 nois and providing for the disposition of the products of their
 
 o94 PRACTICE IN THE MUNICIPAL COURT. 
 
 skill and industry. Approved May 11, 1903. In force July 1, 
 1903. Laws of 1903, p. 271. 
 
 An act amendatory of the foregoing act. See Laws of 1905, 
 p. 342. 
 
 The penal provisions of these acts are found in paragraph 
 100, p. 1526, Kurd's R. S. of 1905, Chapter 108. 
 
 (forms of information omitted.) 
 
 PERSONATING OFFICERS OF SOCIETIES. 
 
 The statutory provisions on this subject are contained in the 
 following act: 
 
 An act to prohibit personating officers or members of any 
 grand or subordinate lodge or fraternal society chartered or 
 having grand or subordinate lodges in this state, and to prohibit 
 wearing or using the insignia or badges of any such lodges or 
 societies by other than the members thereof. Approved May 11, 
 1901. In force July 1, 1901. Laws of 1901, p. 146. 
 
 The penal provisions of this act are found in paragraphs 
 536-538, pp. 761-2, Kurd's R. S. of 1905, Chapter 38. 
 
 (form of COMPLAINT APPEARS UNDER "FRAUDS.") 
 
 PLATS. 
 The statutory provisions on this subject are contained in the 
 following act : 
 
 An act to revise the law in relation to plats. Approved March 
 21, 1874. In force July 1, 1874. R. S. of 1874, p. 771. 
 
 The penal provisions of this act are found in paragraphs 
 4 and 5, p. 1528 of Kurd's R. S. of 1905, Chapter 109. 
 
 (forms of complaint omitted.) 
 
 POLICY PLAYING. 
 
 The statutory provisions on this subject are contained in the 
 following act: 
 
 An act for the prevention of policy playing. Approved April 
 29, 1905. In force July 1, 1905. Laws of 1905, p. 192.
 
 STATUTORY MISDEMEANORS. 395 
 
 The penal provisions of this act are found in paragraphs 
 185a-185c, pp. 708-9, Kurd's R. S. of 1905, Chapter 38. 
 (forms of information omitted.) 
 
 PRIZE FIGHTING. 
 The statutory provisions on this subject are contained in the 
 following act : 
 
 An act to revise the law in relation to criminal jurisprudence. 
 Approved March 27, 1874. In force. July 1, 1874. R. S. of 
 1874, p. 352. 
 
 The penal provisions in question are found in paragraphs 231, 
 235 and 236, pp. 718-719, Kurd's R. S. of 1905, Chapter 38. 
 (forms of complaint omitted.) 
 
 PUBLIC ACCOUNTANTS. 
 
 The statutory provisions on this subject are contained in the 
 following act: 
 
 An act to regulate the profession of public accountants. Ap- 
 proved May 15, 1903. In force July 1, 1903. Laws of 1903, 
 p. 281. 
 
 The penal provisions of this act are found in paragraph 
 6, pp. 1547-8, Kurd's R. S. of 1905, Chapter 110a. 
 (forms of complaint omitted.) 
 
 PUBLIC BUILDINGS. 
 The statutory provisions on this subject are contained in the 
 following act: 
 
 An act to regulate the means of egress from public buildings. 
 Approved March 28, 1874. In force July 1, 1874. R. S. of 
 1874, p. 786. 
 
 The penal provisions of this act are found in paragraph 
 2, p. 1548, Kurd's R. S. of 1905, Chapter 111. 
 
 (forms of information omitted.) 
 
 PUBLIC EXHIBITIONS OF NOTORIOUS AND DE- 
 FORMED PERSONS. 
 The statutoiy provisions on this subject are contained in the 
 following act: 
 
 An act to prohibit public exhibitions of persons who have
 
 396 PRACTICE IN THE MUNICIPAL COURT. 
 
 attained notoriety through some criminal act, also of persons 
 whose deformity is such as to attract public curiosity and to 
 provide a penalty therefor. Approved April 22, 1899. In 
 force July 1, 1899. Laws of 1899, p. 148. 
 
 The penal provisions of this act are found in paragraphs 518- 
 520, p. 759, Kurd's R. S. of 1905, Chapter 38. 
 
 (forms op information omitted.) 
 
 RACING, ROUTS, RIOTS AND UNLAWFUL ASSEJMBLIES. 
 
 The statutory' provisions on this subject are contained in the 
 following' a<jts : 
 
 An act to revise the law in relation to criminal jurisprudence. 
 Approved March 27, 1874. In force July 1, 1874. R. S. of 
 1874, p. 352. 
 
 The penal provisions in question are found in paragraphs 247- 
 253, pp. 720-1, Kurd's R. S. of 1905, Chapter 38. 
 (forms of information omitted.) 
 
 An act to secure the peace and good order of society, to quell 
 riots or disturbances, to secure the execution of the laws and to 
 provide for special deputy sheriffs and for calling out and using 
 the military force of the State for the preservation of the peace 
 and the protection of property. Approved June 16, 1887. In 
 force July 1, 1887. Laws of 1887, p. 239, Chapter 38. 
 
 The penal provisions of this act are found in paragraph 
 256q, p. 723, Kurd's R. S. of 1905. 
 
 (forms of information omitted.) 
 
 An act to suppress mob violence. Approved May 16, 1905. 
 In force July 1, 1905. Laws of 1905, p. 190. 
 
 The penal provisions of this act are found in paragraph 
 256m, p. 723, Kurd's R. S. of 1905, Chapter 38. 
 (forms op information omitted.) 
 
 RAILROADS AND WAREKOUSES. 
 
 The statutory provisions on this subject are contained in the 
 following acts : 
 
 An act to require railroad corporations to have and maintain a 
 public office or place in the State of Illinois where transfers of
 
 STATUTORY MISDEMEANORS. 397 
 
 stock may be made, and to enforce the provisions of Section nine 
 (9), Article eleven (11) of the Constitution of Illinois. Ap- 
 proved June 18, 1883. In force July 1, 1883. Laws of 1883, 
 p. 128. 
 
 The penal provisions of this act are found in paragraphs 
 51, p. 1574, Kurd's E. S. of 1905, Chapter 114. 
 (forms of information omitted.) 
 
 An act compelling railroad companies in this State to build 
 and maintain depots for the comfort of passengers and for the 
 protection of shippers of freight at towns and villages on the 
 line of their roads. Approved May 23, 1877. In force July 1, 
 1877. Laws of 1877, p. 165. 
 
 An act amendatory of the foregoing act. See Laws of 1895, 
 p. 294. 
 
 The penal provisions of these acts are found in paragraph 
 51, p. 1574, Kurd's R. S. of 1905, Chapter 114. 
 (forms of information omitted.) 
 
 An act in relation to fencing and operating railroads. Ap- 
 proved March 31, 1874. In force July 1, 1874. R. S. of 1874, 
 p. 807. 
 
 Acts amendatory of the foregoing act. See Laws of 1877, 
 p. 165; Laws of 1879, p. 224; Laws of 1883, p. 125; Laws of 
 1885, p. 231; Laws of 1889, p. 224; Laws of 1895, p. 293; Laws 
 of 1899, p. 332. 
 
 The penal provisions of these acts are found in paragraplis 69 
 and 70, p. 1578, paragraphs 74 and 76, p. 1579, paragraphs 77- 
 79, 81 and 83, p. 1580, paragraphs 85 and 87, 91, 92 and 93, pp. 
 1581-2, and paragraphs 98-100, p. 1583, Kurd's R. S. of 1905, 
 Chapter 114. 
 
 (forms of information omitted.) 
 
 An act to prohibit any person from obstructing the regular 
 operation and conduct of the business of railroad companies or 
 other corporations, firms or individuals. Approved June 2, 
 1877. In force July 1, 1877. Laws of 1877, p. 167. 
 
 The penal provisions of this act are found in paragraphs 
 109, pp. 1584-5, Kurd's R. S. of 1905, Chapter 114. 
 (forms of information omitted.)
 
 398 PRACTICE IN THE MUNICIPAL COURT, 
 
 An act to prevent frauds upon travelers and owner or own- 
 ers of any railroad, steamboat or other conveyance for the trans- 
 portation of passengers. Approved April 19, 1875. In force 
 July 1, 1875. Laws of 1875, p. 81. 
 
 The penal provisions of this act are found in paragraphs 
 114 and 117, pp. 1585-6, Kurd's R. S. of 1905, Chapter 114. 
 
 (forms of INFORMATION OMITTED.) 
 
 An act regulating the receiving, transportation and delivery 
 of grain by railroad corporations and defining the duties of such 
 corporations with respect thereto. Approved April 25, 1871. 
 In force July 1, 1871. Laws of 1871, p. 636. 
 
 An act amendatoiy of the foregoing act. See Law^s of 1877, 
 p. 168. 
 
 The penal provisions of these acts are found in paragraph* 
 119, 120 and 123, pp. 1586-1588, Kurd's R. S. of 1905, Chap- 
 ter 114. 
 
 (forms of INFORMATION OMITTED.) 
 
 An act to prevent extortion and unjust discrimination in the 
 rates charged for the transportation of passengers and freights 
 on railroads in this State, and to punish the same and prescribe 
 a mode of procedure and rules of evidence in relation thereto, 
 and to repeal an act entitled "An act to prevent unjust dis- 
 crimination and extortions in the rates to be charged by the dif- 
 ferent railroads in this State for the transportation of freights 
 on said roads," approved April 7, A. D. 1871. Approved May 
 2, 1873. In force July 1, 1874. R. S. of 1874, p. 816. 
 
 The penal provisions of this act are found in paragraphs 127 
 and 128, pp. 1589-1590, Kurd's R. S. of 1905, Chapter 114. 
 
 (forms OF INFORMATION OMITTED.) 
 
 An act to regulate public warehouses and the warehousing and 
 inspection of grain, and to give effect to article 13 of the Con- 
 stitution of this State. Approved April 25, 1871. In force 
 July 1, 1871. Laws of 1871-2, p. 762. 
 
 The penal provisions of this act are found in paragraph 
 138, pp. 1591-2, Kurd's R. S. of 1905, Chapter 114. 
 
 (forms op information OMITTED.)
 
 STATUTORY MISDEMEANORS. 399 
 
 An act to establish a board of railway and warehouse com- 
 missioners and to prescribe their powers and duties. Approved 
 April 13, 1871. In force July 1, 1871. Laws of 1871-2, p. 618. 
 
 An act amendatory of the foregoing act. See Laws of 1887, 
 p. 254. 
 
 The penal provisions of these acts are found in paragraphs 
 181 and 182, p. 1604, Kurd's R. S. of 1905, Chapter 114. 
 
 (forms of information omitted.) 
 
 An act to provide for the appointment of State Weighmas- 
 ters. Approved June 23, 1883. In force July 1, 1883. Laws 
 of 1883, p. 172. 
 
 The penal provisions of this act are found in paragraph 191, 
 Hurd's R. S. of 1905, Chapter 114. 
 
 (forms of information omitted.) 
 
 An act relating to the receipt, shipment, transportation and 
 weighing of grain in bullc by railroad companies. Approved 
 June 15, 1887. In force July 1, 1887. Laws of 1887, p. 253. . 
 
 The penal provisions of this act are found in paragraph 195, 
 p. 1606, Hurd's R. S. of 1905, Chapter 114. 
 
 (forms of information omitted.) 
 
 An act to protect persons and property from damage at the 
 crossings and junctions of railroads by providing a method to 
 compel the protection of the same. Approved June 2, 1891. In 
 force July 1, 1891. Laws of 1891, p. 181. 
 
 The penal provisions of this act are found in paragraph 215, 
 p. 1611, Hurd's R. S. of 1905, Chapter 114. 
 
 (forms of information omitted.) 
 
 An act to promote the safety of employes and travelers upon 
 railroads by compelling common carriers engaged in moving 
 traffic by railroad between points in the State of Illinois to 
 equip their cars with automatic couplers and continuous brakes 
 and their locomotives with driving wheel brakes and for other 
 purposes. Approved May 12, 1905. In force July 1, 1905. 
 Laws of 1905, p. 350.
 
 400 PRACTICE IN THE MUNICIPAL COURT. 
 
 The penal provisions of this act are found in paragraph 228, 
 p. 613, Kurd's R. S. of 1905, Chapter 114. 
 
 (forms of INFORMATION OMITTED.) 
 
 RECEIVING AND RESTORING STOLEN PROPERTY. 
 
 The statutory provisions on this subject ai*e contained in the 
 following act : 
 
 An act to revise the law in relation to criminal jurisprudence. 
 Approved March 27, 1874. In force July 1, 1874. R. S. of 
 1874, p. 352. 
 
 The penal provisions in question are found in paragraphs 239 
 and 242, p. 719 of Kurd's R. S. of 1905, Chapter 38. 
 
 (forms of INFORMATION OMITTED.) 
 
 RECORDERS. 
 The statutory provisions on this subject are contained in the 
 following acts: 
 
 An act to revise the law in relation to recorders. Approved 
 March 9, 1874. In force July 1, 1874. R. S. of 1874, p. 833. 
 
 Acts amendatorj^ of the foregoing act. See Laws of 1879, p. 
 237 ; Laws of 1905, p. 352. 
 
 The penal provisions of these acts are contained in paragraph 
 13, p. 1616, and paragraph 15, p. 1617, Kurd's R. S. of 1905, 
 Chapter 115. 
 
 (forms of INFORMATION OMITTED.) 
 
 RESISTANCE OF OFFICERS. 
 The statutory provisions on this subject are contained in the 
 following act : 
 
 An act to revise the law in relation to criminal jurisprudence. 
 Approved March 27, 1874. In force July 1, 1874. R. S. of 
 1874, p. 352. 
 
 The penal provisions of this act are found in paragraphs 244 
 and 245, pp. 719-20, Kurd's R. S. of 1905, Chapter 38. 
 
 FORMS OF INFORMATION. 
 
 (1.) 
 
 did then and there knowingly and wilfully (here insert "ob- 
 struct," "resist," or "oppose") one who was
 
 STATUTORY MISDEMEANORS. 401 
 
 then and there (here insert "sheriff of Cook county," "deputy 
 sheriff of Cook county," "coroner of Cook county," "constable 
 
 of Cook county," or " then and there an 
 
 officer of the State of Illinois") in (here insert "serving," or 
 "attempting to serve,") a certain lawful (here insert "process," 
 
 or "order,") of (here insert " court," or "... . 
 
 then and there a judge of court," 
 
 or " who was then and there a justice of 
 
 the peace in and for Cook county"), 
 
 (2.) 
 did then and there (here insert "assault," or "beat,") one. . . . 
 who was then and there (here insert "sher- 
 iff of Cook county," "deputy sheriff of Cook county," "coroner 
 
 of Cook county, " " constable of Cook county, " or " 
 
 then and there an officer of the State of Illinois,") 
 
 while said was (here insert "serv- 
 ing," or "executing," or "attempting to serve," or "at- 
 tempting to execute,") a certain (here insert "process," or 
 
 "order,") of (here insert " court" or " 
 
 then and there a judge of court," or 
 
 " then and there a justice of the peace of 
 
 Cook county"), 
 
 (3.) 
 did then and there (here insert "assault," or "beat,") one 
 
 who Avas then and there (here insert 
 
 "sheriff of Cook county," "deputy sheriff of Cook county," 
 "coroner of Cook county," "constable of Cook county,". or 
 
 " ") for having (here inserted "served," 
 
 or "executed," or "attempted to serve," or "attempted to exe- 
 cute") a certain (here insert "process," or "order,") of (here 
 
 insert " court " or " then and 
 
 there a judge of court, " or " 
 
 . . . .then and there a justice of the peace of Cook county"). 
 
 REVENUES. 
 
 The statutory provisions on this subject are contained in the 
 following acts: 
 
 An act for the assessment of property and for the levy and 
 26
 
 402 PRACTICE IN THE MUNICIPAL COURT. 
 
 collection of taxes. Approved March 30, 1872. in force July 
 1, 1872. R. S. of 1874, p. 857. 
 
 Acts amendatory of the foregoing act. See Laws of 1877, 
 pp. 171, 172, 173, 174, 175; Laws of 1879, pp. 239-256; Laws of 
 1881, pp. 129-138; Laws of 1885, pp. 233-235; Laws of 1891, pp. 
 187; Laws of 1893, pp. 171-174; Laws of 1895, pp. 210-212; 
 Laws of 1901, pp. 266 and 271 ; Laws of 1903, pp. 294-5, 298-9 ; 
 Laws of 1905, pp. 353-358. 
 
 The penal provisions of these acts are found in paragraph 56, 
 p. 1652, Kurd's E. S. of 1905, Chapter 120. 
 
 An act for the assessment of property and providing the means 
 therefor, and to repeal a certain act therein named. Approved 
 February 25, 1898. In force July 1, 1898. Laws of 1898, p. 34. 
 
 Acts amendatory of the foregoing act. See Laws of 1901, pp. 
 267-8; Laws of 1903, pp. 295-297, 299-300; Laws of 1905, pp. 
 360-365. 
 
 The penal provisions of these acts are found in paragraph 314, 
 p. 1698, and paragraphs 338-340, pp. 1704-5, Kurd's R. S. of 
 1905, Chapter 120. 
 
 An act to tax gifts, legacies and inheritances in certain cases 
 and to provide for the coDection of the same. Approved June 
 15, 1895. In force July 1, 1895. Laws of 1895, p. 301. 
 
 An act amendatory of the foregoing act. See Laws of 1901, 
 p. 268. 
 
 The penal provisions of these acts are found in paragi*aph 377, 
 p. 1715, Kurd's R. S. of 1905. 
 
 (forms of information omitted.) 
 
 ROADS AND BRIDGES. 
 
 The statutory provisions on this subject are contained in the 
 following acts: 
 
 An act in regard to roads and bridges in counties under town- 
 ship organization and to repeal an act and parts of acts therein 
 named. Approved June 23, 1883. In force July 1, 1883. Laws 
 of 1883, p. 136. 
 
 Acts amendatory of the foregoing act. See Laws of 1885, p. 
 236; Laws of 1887, p. 263; Laws of 1889, pp. 228-235; Laws of 
 1891, p. 188; Laws of 1895, p. 310; Laws of 1899, p. 338; Laws 
 of 1901, p. 275 : Laws of 1903, p. 303 ; Laws of 1905. p. 369.
 
 STATUTORY MISDEMEANORS. 403 
 
 The penal provisions of these acts are found in paragraph 9, 
 p. 1723, paragraph 29, p. 1728, paragraph 67, p. 1734, para- 
 graphs 71-73, p. 1735, paragraphs 77-78, p. 1736, paragraphs 89 
 and 94, p. 1738, paragraphs 101 and 102, p. 1739, paragraph 
 111, p. 1740, paragraph 115, p. 1741, Ilurd's R. S. of 1905, 
 Chapter 121. 
 
 (FORMS OP INFORMATION OMITTED.) 
 
 An act requiring the destruction of the cockle burr weed or 
 plant. Approved May 31, 1879. In force July 1, 1879. Laws 
 of 1879, p. 284. 
 
 An act amendatory of the foregoing act. See Laws of 1895, 
 p. 309. 
 
 The penal provisions of these acts are found in paragraphs 
 126, 126a and 1266, pp. 1742-3, Kurd's R. S. of 1905, Chapter 
 12L 
 
 An act to provide for the organization of road districts, the 
 election and duties of officers therein and in regard to roads and 
 bridges in counties not under township organization, and to 
 repeal an act and parts of acts therein named. xVpproved May 
 4, 1887. In force July 1, 1887. Laws of 1887, p. 266. 
 
 Acts amendatory of the foregoing act. See Laws of 1889, p. 
 235; Laws of 1891, p. 190; Laws of 1899, p. 367; Laws of 1905, 
 p. 238. 
 
 The penal provisions of these acts are found in paragraphs 
 128-132, pp. 1743-4, paragraphs 158 and 159, p. 1747, para- 
 graphs 184, p. 1751, paragraph 237, p. 1760, Chapter 121. 
 
 (forms of INFORMATION OMITTED.) 
 
 An act exempting from taxation bridgas across any stream 
 fonning the boundary line between this and an adjoining state, 
 when such bridge is a free public highway. Approved May 10, 
 1889. In force July 1, 1889. Laws of 1889, p. 63. 
 
 The penal provisions of this act are found in paragraph 271, 
 Kurd's R. S. of 1905, Chapter 121. 
 
 (forms op INFORMATION OMITTED.) 
 
 An act concerning travel on public highways. Approved June 
 21, 1895. In force July 1, 1895. Laws of 1895, p. 171.
 
 404 PRACTICE IN THE MUNICIPAL COURT. 
 
 The penal provisions of this act are found in paragraph 274, 
 p. 1767, Ilurd's R. S. of 1905, Chapter 121. 
 
 (forms of INFORMATION OMITTED.) 
 
 An act to regulate the construction of bridges and culverts. 
 Approved April 21, 1899. In force July 1, 1899. Laws of 
 1899, p. 338. 
 
 The penal provisions of this act are found in paragraph 276, 
 p. 1767, Hurd's R. S. of 1905. 
 
 (FORMS OF INFORMATION OMITTED.) 
 
 An act in regard to roads and bridges in counties not under 
 township organization and to provide for the adoption of the 
 same. Approved May 10, 1901. In force July 1, 1901. Laws 
 of 1901, p. 276. 
 
 The penal provisions of this act are contained in paragraphs 
 277-282, pp. 1767-8, paragraphs 300-3, pp. 1773-4, paragraph 
 307, p. 1775, and paragraph 321, p. 1778, Hurd's R. S. of 1905, 
 Chapter 121. 
 
 (forms of INFORMATION OMITTED.) 
 
 SALTPETER CAVES. 
 The statutory provisions on this subject are contained in the 
 following act: 
 
 An act to revise the law in relation to criminal jurisprudence. 
 Approved March 27, 1874. In force July 1, 1874. R. S. of 
 1874, p. 352. 
 
 The penal provisions in question are found in paragraph 257, 
 p. 724, Hurd's R. S. of 1905, Chapter 38. 
 
 (forms of COMPLAINT OMITTED.) 
 
 SCHOOLS. 
 The statutory provisions on this subject are contained in the 
 following acts: 
 
 An act to establish and maintain a system of free schools. 
 Approved and in force IMay 21, 1889. Laws of 1889, p. 258. 
 
 Acte amendatory of the foregoing act. See Laws of 1889, p. 
 239; Laws of 1891, pp. 195-200: Laws of 1893, p. 179; Laws 
 of 1895, p. 315 ; Laws of 1897, p. 295 ; Laws of 1899, pp. 343, 
 344, 349, 350, 351; Laws of 1901, pp. 276, 298; La.vs of
 
 STATUTORY MISDEMEANORS. 405 
 
 1903, p. 307 ; Laws of 1905, pp. 373, 378, 383, 384, 385 and 386. 
 The penal provisions of these acts are found in paragraph b, 
 p. 1787, paragraph 49, p. 1794, paragraph 74, p. 1799, para- 
 graph 95, p. 1803, paragraph 119, p. 1809, paragraph 134, p. 
 1810, paragraph 145, p. 1811, paragraph 220, p. 1826, paragraph 
 223, p. 1827, paragraphs 246-8, pp. 1831-2, paragraphs 275-280, 
 pp. 1836-7, paragraphs 284 and 287, p. 1838, paragraphs 288 
 and 293, p. 1839, Kurd's R. S. of 1905, Chapter 122. 
 (forms of information omitted.) 
 
 An act to promote attendance of children in schools and to 
 prevent tiuancy. Approved June 11, 1897. In force July 1, 
 1897. Laws of 1897, p. 296. 
 
 An act amendatory of the foregoing act. See Laws of 1903, 
 p. 308. 
 
 The penal provisions of this act are found in paragraph 314, 
 p. 1843 and paragraph 316, p. 1844 of Kurd's R. S. of 1905, 
 Chapter 122. 
 
 (forms of information omitted.) 
 
 An act to provide for the formation and disbursement of a 
 public school employes' pension fund in cities having a popu- 
 lation exceeding 100,000 inhabitants. Approved May 15, 1903. 
 In force July 1, 1903. Laws of 1903, p. 308. 
 
 The penal provisions of this act are found in paragraph 423q, 
 p. 1865 of Kurd's R. S. of 1905, Chapter 122. 
 
 (forms of information omitted.) 
 
 An act to authorize certain school districts to issue bonds for 
 certain purposes. Approved and in force May 10, 1901. Laws 
 of 1901, p. 296. 
 
 The penal provisions of this act are found in paragraph 449, 
 Kurd's R. S. of 1905, Chapter 122. 
 
 (forms of information omitted.) 
 
 SEDUCTION. 
 
 The statutory provisions on this subject are contained in the 
 following acts : 
 
 An act to punish the seduction of females. Approved April 
 19, 1899. In force July 1, 1899. Laws of 1899, p. 148.
 
 406 PRACTICE IN THE MUNICIPAL COURT. 
 
 The penal provLsions of this act are found in parajji-aph 525, 
 p. 760, Ilurd's R. S. of 1905, Chapter 38. 
 
 FORM OF COMPLAINT. 
 
 did then and there seduee and obtain carnal knowledq-e of . . . . 
 
 who was then and there an unmarried female 
 
 under the age of eighteen years and of about the age of 
 
 years, and wai? then and there of previous chaste >^haracter, 
 
 SHANTY BOATS. 
 
 The statutory provisions on this subject are contained in the 
 following act : 
 
 An act to license shanty boats and other water craft, fixing the 
 fees therefor and providing penalties. Approved June 10, 1897. 
 [n force July 1. 1897. Law^s of 1897, p. 248. 
 
 The penal provisions of this act are found in paragi-aph 514, 
 p. 758, Kurd's R. S. of 1905, Chapter 38. 
 
 C FORMS OF INFORMATION OMITTED.) 
 
 SHEEP AND OTHER DOMESTIC ANIMALS* 
 The statutory provisions on this subject are contained in the 
 following act : 
 
 An act to revise the law in relation to crimijial jurisprudence. 
 Approved March 27, 1874. In force July 1, 1874. R. S. of 
 1874, p 352. 
 
 The penal provisions in question are found in paragraph 258, 
 p. 724, Hurd's R. S. of 1905. Chapter 38. 
 
 (forms of COMPLAINT OMITTED.) 
 
 SHERIFFS. 
 
 The statutory provisions on this subject are contained in the 
 following acts: 
 
 An act to revise the law in relation to sheritt's. Approved 
 January 27, 1874. In force July 1. 1874. R. S. of 1874, p. 989. 
 
 The penal provisions of this act are found in paragraph 16, p. 
 1879, Hurd's R. S. of 1905, Chapter 125. 
 
 (forms of INFORMATION OMITTED.)
 
 STATUTORY MISDEMEANORS. 407 
 
 » 
 
 An act to prevent nonresidents from serving or acting as dep- 
 uty sheriffs, special policemen or special constables. Approved 
 June 19, 1893. In force July 1, 1893. Laws of 1893, p. 2. 
 
 The penal provisions of this act are found in paragraphs 27 
 and 28, p. 1880, Kurd's R. S. of 1905. 
 
 (forms of complaint omitted.) 
 
 SIDEWALKS AND SIDEPATHS. 
 
 The statutory provisions on this subject are contained in the 
 following act : 
 
 An act to protect sidewalks and sidepaths and to provide a 
 penalty for its violation. Approved April 26, 1899. In force 
 July 1, 1899. Laws of 1899, p. 147. 
 
 The penal provisions of this act are found in paragraphs 521- 
 524, pp. 759-760, Ilurd's R. S. of 1905, Chapter 38. 
 (forms of complaint omitted.) 
 
 STATE BOARD OP HEALTH. 
 The statutory provisions on this subject are contained in the 
 following acts: 
 
 An act to amend an act entitled * ' An Act to create and estab- 
 lish a board of health in the State of Illinois," approved May 
 28, 1877, in fcirce July 1, 1877, by adding thereto four new sec- 
 tions numbered fifteen (15), sixteen (16), seventeen (17), and 
 eighteen (18). Approved and in force April 21. 1899. Laws of 
 1899, p. 355. 
 
 An act amendatory of the foregoing act. See Laws of 1901, 
 p. 305. 
 
 The penal provisions of these acts are found in paragraphs 
 16, 17 and 18, pp. 1883-4, Hurd's R. S. of 1905, Chapter 126o. 
 
 An act requiring reports of births and deaths and the record- 
 ing of the same, and prescribing a penalty for non-compliance 
 with the provisions thereof and repealing certain acts therein 
 named. Approved May 6, 1903. In force July 1, 1903. Laws 
 of 1903, p. 315. 
 
 The penal provisions of this act are found in paragraph 31, p. 
 1886, Tlurd's R. S. of 1905, Chapter 126a. 
 
 (forms of information omitted.)
 
 408 PRACTICE IN THE MUNICIPAL COURT, 
 
 An act to provide for the regulation of the embahning and 
 disposal of dead bodies, for a system of examination, registra- 
 tion, licensing of embalmers and imposing penalties for the 
 violation of any of its provisions. Approved May 13, 1905. In 
 force July 1, 1905. Laws of 1905, p. 388. 
 
 The penal provisions of this act are found in paragraphs 39 
 and 40, p. 1887, Kurd's R. S. of 1905. 
 
 (forms of COMPLAINT OMITTED.) 
 
 STATE CONTRACTS. 
 
 The statutory provisions on this subject are contained in the 
 following acts: 
 
 An act to revise the law in relation to State contracts. Ap- 
 proved March 31, 1874. In force July 1, 1874, R, S. of 1874, 
 p. 993. 
 
 Acts amendatory of. the foregoing act. See Laws of 1877, p. 
 207; Laws of 1889, p, 350; Laws of 1899, p. 256; Laws of 1905, 
 p. 391. 
 
 The penal provisions of these acts are found in paragraph 8, 
 p. 1890, Kurd's R. S. of 1905, Chapter 127. 
 
 (forms of information OMITTED.) 
 
 STATE ENTOMOLOGIST, 
 
 The statutory provisions on this subject are contained in the 
 following, act : 
 
 An act to prevent the introduction and spre?d in Illinois of 
 the San Jose scale and other dangerous insects and contagious 
 diseases of fruits. Approved and in force April 11, 1899. 
 Laws of 1899, p. 49, 
 
 The penal provisions of this act are found in paragraph 4, p. 
 1904, Kurd's R. S. of 1905, Chapter 127a. 
 
 (forms of COMPLAINT OMITTED.) 
 
 STATE FOOD COMMISSIONER. 
 
 The statutory provisions on this subject are contained in the 
 following acts: 
 
 An act to provide for the appointment of a State Food Com-
 
 STATUTORY MISDEMEANORS. 409 
 
 missioner and to define his powers and duties and fix his com- 
 pensation and to prohibit and prevent adulteration, fraud and 
 deception in the manufacture and sale of articles of food and to 
 repeal certain acts or parts of acts therein named. Approved 
 April 24, 1899. In force July 1, 1899, except as to penalties. 
 Laws of 1899, p. 49. 
 
 The penal provisions of this act are found in para^aph 5, p. 
 1906, paragraph 19, p. 1908, and paragraphs 23, 25 and 27, p. 
 1909, Kurd's R. S. of 1905, Chapter 127&. 
 
 (forms of information omitted.) 
 
 An act to re^ilate the sale and analysis of concentrated feed- 
 ing stufis. Approved May 18, 1905. In force July 1, 1905. 
 Laws of 1905, p. 393. 
 
 The penal provisions of this act are found in paragraphs 31- 
 33, pp. 1910-1911, and paragraph 38, p. 1912, Hurd's R. S. of 
 1905. 
 
 (forms of complaint omitted.) 
 
 STATE MILITIA. 
 
 The statutory provisions on this subject are contained in the 
 following act: 
 
 An act to estabish a military and naval code for the State of 
 Illinois and to repeal all acts in conflict herewith. Approved 
 May 14, 1903. In force Juy 1, 1903. Laws of 1903, p. 318. 
 
 The penal provisions of this act are found in paragraphs 97 
 and 98, p. 1939, paragraphs 106 and 108, p. 1942, Hurd's R. S. 
 of 1905, Chapter 129. 
 
 (forms op information omitted.) 
 
 STREET RAILWAYS. 
 
 The statutory provisions on this subject are contained in the 
 following act: 
 
 An act to provide screens or vestibules for motormen and con- 
 ductors on the street railway cars and for a penalty for the 
 violation of this act. Approved May 11, 1903. In force Jiuly 
 1, 1903. Laws of 1903, p. 289.
 
 410 PRACTICE IN THE MUNICIPAL COURT. 
 
 The penal provisions of this act are found in paragraph 9, p. 
 1982, Hurd's R. S. of 1905, Chapter 131a. 
 
 (forms of complaint OMITTED.) 
 
 SUNDAY. 
 
 The statutory provisions on this subject are contained in the 
 following act: 
 
 An act to revise the law in relation to criminal jurisprudence. 
 Approved March 27, 1874. In force July 1, 1874. R. S. of 
 1874, p. 352. 
 
 The penal provisions in question are found in paragraphs 259- 
 262. pp. 724-5. Tlurd's R. S. of 1905, Chapter 38. 
 
 forms of complaint. 
 
 (1.) 
 
 did then and there at number street, in said 
 
 city, keep open a certain tippling house, upon the first day of 
 the week, commonly called Sunday, 
 
 (2.) 
 
 did then and there at street, in said city, 
 
 keep open a place where liquor was then and there (here insert 
 "sold," or "given away.") upon the firet day of the week com- 
 monly called Sunday, 
 
 SURVEYORS AND SURVEYS. 
 
 The statutory provisions on this subject are contained in the 
 following acts: 
 
 An act to revise the law in relation to county surveyors and 
 the custody of the United States field notes. Approved Marcli 
 2, 1874. In force July 1, 1874. R. S. of 1874, p. 1050. 
 
 An act amendatory of the foregoing act. See Laws of 1903, 
 p. 349. 
 
 The penal provisions of these acts are found in paragraphs 
 1 and 7, pp. 1982-4, Hurd's R. S. of 1905, Chapter 133. 
 
 (form?; op information omitted.)
 
 STATUTORY MISDEMEANORS. 411 
 
 TELEGRAPH AND TELEPHONE COMPANIES. 
 
 The statutory provisions on this subject are contained in the 
 following acts: 
 
 An act to revise the law in relation to telegraph companies. 
 Approved March 24, 1874. In force July 1, 1874. R. S. of 
 1874, p. 1052. 
 
 An act amendatory of the foregoing act. See Laws of 1891, 
 p. 205. 
 
 The penal provisions of the.se acts are found in paragraphs 5, 
 7, 8 and 10. pp. 1986-7, Hurd's R. S. of 1905, Chapter 134. 
 
 (forms op information omitted.) 
 
 'An act to permit the use of public highways, streets and alleys 
 and private roads leading to such highways, streets and alleys-, 
 outside of incorporated cities, villages and towns for the purpose 
 of constructing, operating and maintaining private lines of tele- 
 graph or telephone, and to prescribe penalties for the injury or 
 obstruction of such lines. Approved June 18, 1883. In force 
 July 1, 1883. Laws of 1883, p. 173. 
 
 The penal provisions of this act are found in paragraph 13, 
 pp. 1987-8. IlimUs R. S. of 1905, Chapter 134. 
 
 (forms of complaint omitted.) 
 
 An act to prevent the wrongful taking of news despatches 
 from telegraph or telephone wires and to provide a penalty for 
 violation thereof. Approved June 15, 1895. In force July 1, 
 1895. Laws of 1895, p. 157. 
 
 The penal provisions of this act are found in paragraph 5, p. 
 1088, Hurd's R. S. of 1905, Chapter 134. 
 
 An act relating to the powers, duties and property of tele- 
 phone companies. Approved May 16, 1903. In force July 1, 
 1903. Laws of 1903, p. 350. 
 
 The penal provisions of this act are found in paragraph 18, 
 pp. 1988-9 of Hurd's R. S. of 1905, Chapter 134. 
 
 (forms of complaint omitted.)
 
 412 PRACTICE IN THE MUNICIPAL COURT. 
 
 TIMBER. 
 
 The statutory provisions on this subject are contained in 
 Chapter 104 of the R. S. of 1845. 
 
 The penal provisions in question are found in paragraphs 8 
 and 9, pp. 1992-3, Hurd's R. S. of 1905, Chapter 136. 
 
 (forms of complaint omitted.) 
 
 TOBACCO. 
 
 The statutory provisions on this subject are contained in the 
 following act: 
 
 An act to prohibit selling, giving or furnishing tobacco in any 
 of its forms to minors and providing a penalty therefor. Ap- 
 proved June 15, 1887. In force July 1, 1887. Laws of 1887, 
 p. 29. 
 
 The penal provisions of this act are found in paragraphs 42/ 
 and 42(7, p. 677, Hurd's R. S. of 1905, Chapter 38. 
 
 FORMS OP complaint. 
 
 did then and there (here insert "sell to," "buy for," or "fur- 
 nish to, ") one , who was then and 
 
 there under the age of sixteen years and of about the age of ... . 
 
 years (here insert " cigars, " or " 
 
 cigarettes, " or " ounces of tobacco in the form of 
 
 ") without the written order of the parent of said. . 
 
 TOLL BRIDGES. 
 
 The statutory provisions on this subject are contained in the 
 following acts: 
 
 An act to revise the law in relation to toll bridges. Approved 
 .March 23, 1874. In force July 1, 1874. R. S. of 1874, p. 1059. 
 
 An act amendatoi-y of the foregoing act. See Laws of 1879, 
 p. 315. 
 
 The penal provisions of these acts are found in paragraphs 9, 
 II, and 13, p. 1994 of Hurd's R. S. of 1905, Chapter 137. 
 
 (forms of INFORMATION' OMITTED.)
 
 STATUTORY MISDEMEANORS. 413 
 
 TOLL ROADS. 
 The statutory provisions on this subject are contained in the 
 following acts : 
 
 An act to revise the law in relation to toll roads. Approved 
 i^Iarch 25, 1874. In force July 1, 1874. R. S. of 1874, p. 1061. 
 
 An act amendatory of the foregoing" act. See Laws of 1877, p. 
 211. 
 
 The penal provisions of these acts are found in paragTaplis 
 10, 11 and 13 on page 1996, and paragraph 21, p. 1997 of Hurd*s 
 R. S. of 1905, Chapter 138. 
 
 (forms of complaint omitted.) 
 
 TOWNSHIP ORGANIZATION. 
 
 The statutory provisions on this subject are contained in the 
 following acts: 
 
 An act to revise the law in relation to township organization. 
 Approved and in force March 4, 1874. R. S. of 1874, p. 1065. 
 
 Acts amendatory of the foregoing act. See Laws of 1875, p. 
 Ill; Laws of 1879, p. 316; Laws of 1883, p. 174; Laws of 1887, 
 p. 300; Laws of 1889, p. 359; Laws of 1901, p. 309; Laws of 
 1903, p. 352 and 353. 
 
 The penal provisions of these acts are found in paragraphs 
 p. 2013 and paragraphs 109 and 116, p. 2016, Hurd's R. S. of 
 1905, Chapter 139. 
 
 (forms of complaint omitted.) 
 
 TRADE MARKS AND LABELS. 
 
 The statutory provisions on this subject are contained in the 
 following acts: 
 
 An act to protect associations, unions of working men and 
 persons in their labels, trade marks and forms of advertising. 
 Approved May 8, 1891. In force July 1, 1891. Laws of 1891, 
 p. 202. 
 
 Acts amendatory of the foregoing act. See Laws of 1895, p. 
 320; Laws of 1899, p. 367.
 
 414 PRACTICE IN THE MUNICIPAL COURT. 
 
 The penal provisions of these acts are foniul in paracrraphs 
 2, 3, 5, 6 and 7, pp. 2021-3, Hurd's R. S. of 1905, Chapter 140. 
 
 (forms op inpormation omitted.) 
 
 TRESPASS. 
 
 The statutory provisions on this subject are contained in the 
 following act: 
 
 An act to revise the law in relation to criminal jurisprudence. 
 Aproved March 27, 1874. In force July 1, 1874. R. S. of 1874, 
 p. 352. 
 
 The penal provisions in question are found in paragraphs 266- 
 9, p. 725 of Hurd's R. S. of 1905, Chapter 38. 
 
 FORMS OF information. 
 
 1. TRESPASS UPON GARDENS, ETC., PAGE 725, PAR. 266. 
 
 did then and there enter and pass over a certain (here insert 
 
 "garden," "yard," or " field,") then and there 
 
 belonging to one after he, the said 
 
 had then and there been express- 
 ly forbidden so to do by one , who was 
 
 then and there the (here insert "owner," or "occupant there- 
 of"). 
 
 2. TRESPASS UPON ORCHARDS, ETC. PAGE 725, PAR. 267. 
 
 did willfully enter the enclosure of one 
 
 without the leave of said who was then and 
 
 there the owner thereof and did then and there (here insert 
 "pick," "destroy," or "carry away,") a (here insert "part," 
 or "portion,") of the fruit of a certain (here insert "apple," 
 
 "pair,*' "peach," "plum," or " ") (here insert 
 
 "tree," "vine," or "bush,") 
 
 TRUSTS, POOLS AND COMBINATIONS. 
 
 The statutory provisions on this subject are contained in the 
 following acts: 
 
 An act to provide for the punishment of persons, copartner- 
 ships or corporations forming pools, trusts and combines and 
 mode of procedure and rules of evidence in such eases. Ap-
 
 STATUTORY MISDEMEANORS. 415 
 
 proved June 11, 1891. In force July 1, 1891. Laws of 1891, 
 p. 206. 
 
 An act amendatory of the foregoing act. Laws of 1893, p. 91. 
 The penal provisions of these acts are found in paragraphs 
 269a to 269d, pp. 725-6 of Hurd's R. S. of 1905, Chapter 38. 
 
 (forms of information omitted.) 
 
 An act to define trusts and conspiracies against trade, declar- 
 ing contracts in violation of the provisions of this act void, and 
 making certain acts in violation thereof misdemeanors and pre- 
 scribing the punishment therefor and matters connected there- 
 with. Approved June 20, 1893. In force July 1, 1893. Laws 
 of 1893, p. 182. 
 
 The penal provisions of this act are found in paragraph 269o, 
 p. 728, Hurd's R. S. of 1905, Chapter 38. 
 
 (forms of information omitted.) 
 
 UNITED STATES. 
 
 The statutory provisions on this subject are contained in the 
 following act: 
 
 An act relating to the operations of the United States coast 
 and geodetic survey. Approved April 21, 1881. In force July 
 1, 1881. Laws of 1881, p. 154. 
 
 The penal provisions of this act are found in paragiaph 10, 
 p. 2028 of Hurd's R. S. of 1905. 
 
 (forms of complaint omitted.) 
 
 VAGABONDS. 
 
 The statutory provisions on this subject are contained in the 
 following acts: 
 
 An act to revise the law in relation to criminal jurisprudence. 
 Approved March 27, 1874. In force July 1, 1874. R. S. of 
 1874, p. 352. 
 
 An act amendatory of the foregoing act. Laws of 1877, p. 87. 
 The penal provisions of these acts in question are found in 
 paragraph 271, pp. 729-30, Hurd's R. S. of 1905.
 
 416 PRACTICE IN THE MUNICIPAL COURT, 
 
 FORMS OF INFORMATION. 
 (1.) 
 
 was then and there an idle and dissolute person, 
 
 (2.) 
 did then and there go about begging, 
 
 (3.) 
 did then and there use juggling (or whatever other unlawful 
 game or play was used), 
 
 (4.) 
 was then and there a pilferer, 
 
 (5.) 
 was then and there a confidence man, 
 
 (6.) 
 was then and there a common drunkard, 
 
 (7.) 
 was then and there a common night walker, 
 
 (8.) 
 was then and there lewd, wanton and lascivious in speech and 
 behavior, 
 
 (9.) 
 was then and there a common brawler, 
 
 (10.) 
 was then and there habitually neglectful of his employment (or 
 "his calling") and did not lawfully provide for himself (or 
 "for the support of his family,") 
 
 (11.) 
 was then and there idle (or "dissolute") and did then and there 
 neglect all lawful business, and did then and there habitually 
 misspend his time by frequenting houses of ill fame, gambling 
 houses and tippling shops, 
 
 (12.) 
 was then and there lodging in (or "found in the night time in") 
 an out house (or "shed," or "barn," or "unoccupied building,"
 
 STATUTORY MISDEMEANORS. 417 
 
 or "in the open air,") and did not then and there give a good 
 account of himself, 
 
 (13.) 
 
 was then and there a thief (or "burglar," or "pickpocket,") by 
 his own. confession (or "by his having been convicted of lar- 
 ceny," or "by his having been convicted of burglary," or "by 
 
 his having been convicted of the crime of , 
 
 punishable by imprisonment in the state prison," or "by his 
 having been convicted of the crime of , pun- 
 ishable by imprisonment in a house of correction,") and did 
 then and there have no lawful means of support and was then 
 and there habitually found prowling around a steamboat land- 
 ing, (or "a railroad depot," or "a banking institution," or 
 "broker's office," or "a place of public amusement," or "an 
 auction room," or "a store," or "a shop," or "crowded thor- 
 oughfare," or "a crowded car," or "a crowded omnibus," or 
 "at a public gathering, " or "at a public assembly, " or " loung- 
 ing about a court room, " or " lounging about a private dwelling 
 house," or "lounging about an out' house," or "in a house of 
 ill fame," or "in a gambling house," or "in a tippling shop,") 
 
 (14.) 
 was then and there a vagabond, 
 
 WEIGHTS AND MEASURES. 
 
 The statutory provisions on this subject are contained in the 
 following acts : 
 
 An act to revise the law in relation to weights and measures. 
 Approved February 27, 1874. In force July 1, 1874. E. S. of 
 1874, p. 1098. 
 
 An act amendatory of the foregoing act. See Laws of 1891, 
 p. 214. 
 
 The penal provisions of these acts are found in paragraphs 8, 
 13 and 14, pp. 2048-9, Kurd's R. S. of 1905^ Chapter 147. 
 (forms of complaint omitted.) 
 
 WITNESSES. 
 
 The statutory provisions on this subject are contained in the 
 follovring acts: 
 27
 
 418 PRACTICE IN THE MUNICIPAL COURT. 
 
 An act to revise the law in relation to criminal jurisprudence. 
 Approved March 27, 1874. In force July 1, 1874. R. S. of 
 1874, p. 352. 
 
 An act amendatory of the foregoing act. See Laws of 1877^ 
 p. 89. 
 
 The penal provisions of these acts are found in paragraph 
 272, p. 730, Kurd's R. S. of 1905. 
 
 (forms of information omitted.) 

 
 CHAPTER III. 
 
 PROCEEDINGS TO PREVENT COMMISSION OF 
 CRIMES. 
 
 The practice in this class of cases is not regulated by the 
 Municipal Court Act, but by Division V, of the Criminal Code 
 (Kurd's R. S. of 1905, paragraphs 319-338), which imposes cer- 
 tain duties upon "all judges of courts of record within their re- 
 spective jurisdictions." The method of procedure is treated in 
 Moore's Criminal Law (Second Ed.), Chapter II., Section I., 
 pp. 18-27. For present purposes it will be sufficient to present 
 Division V. of the Criminal Code, with such changes and addi- 
 tions as will show its application in the municipal court. This 
 will make it read as follows : 
 
 DIVISION V. 
 
 PROCEEDINGS TO PREVENT COMMISSION OP CRIMES. 
 
 Section 1. All judges of the Municipal Court of Chicago 
 within said city of Chicago are conservators of the peace and 
 shall cause to be kept all laws made for the preservation of the 
 peace and may require persons to give security to keep the peace 
 or for their good behavior, or both, as provided by this act. 
 
 Section 2. When complaint is made to any such judge that 
 a person has threatened or is about to commit an offence against 
 the person or property of another, he shall examine on oath the 
 complainant and any witness who may be produced and reduce 
 the complaint to writing and cause it to be subscribed and sworn 
 to by the complainant. 
 
 Section 3. If such judge is satisfied that there is danger that 
 such offence will be committed, he shall issue a warrant requir- 
 ing the proper officer to whom it is directed forthwith to appre- 
 hend the person complained of and bring him before such judge 
 or before some other court or judge having jurisdiction in the 
 premises. 
 
 419
 
 420 PRACTICE IN THE MUNICIPAL COURT. 
 
 Section 4. When the person complained of is brought before 
 the court or magistrate, if the charge is controverted, the testi- 
 mony on both sides shall be heard. 
 
 Section 5. If it appear that there is no just reason to fear 
 the commission of the offence the defendant shall be discharged ; 
 and if the judge be of the opinion that the prosecution was com- 
 menced maliciously without probable cause, he may give judg- 
 ment against the complainant for the costs of prosecution. 
 
 Section 6. If, however, there is just reason to fear the com- 
 mission of such offence, the defendant shall be required to give 
 a recognizance with sufficient security in such sum as the judge 
 may direct, to keep the peace towards all people of this State 
 and especially towards the person against whom, or whose prop- 
 erty, there is reason to fear the offence may be committed for 
 such time not exceeding twelve months^ as the court or magis- 
 trate may order. But he shall not be bound over to the next 
 court unless he is also charged with some other offence for which 
 he ought to be held to answer at such court. 
 
 Section 7. If the person so ordered to recognize complies 
 with the order he shall be discharged; but if he refuses or neg- 
 lects, the judge shall commit him to jail during the period for 
 which he was required to give security or until he so recognizes, 
 stating in the warrant the cause of commitment with the sum 
 and time for which the security was required. 
 
 Section 8. When a person is required to give security to 
 keep the peace or for his good behavior, the judge may further 
 order that the costs of prosecution, or any part thereof, shall 
 be paid by such person who shall stand committed until the 
 costs are paid or he is otherwise legally discharged. 
 
 Section 9. Whoever is aggrieved by the order or otherwise 
 requiring him to recognize as aforesaid, may on giving the se- 
 curity required appeal to the next term of the criminal court of 
 Cook county. Such recognizance shall, in case of an appeal, con- 
 tain a condition that the appellant will pay the costs of the ap- 
 peal in case the order is affirmed or the appeal dismissed. 
 
 Section 10. The judge shall when necessary require the wit-
 
 TO PREVENT COMMISSION OF CRIMES. 421 
 
 nesses to support the complaint to recognize for their appearance 
 at the court appealed to. 
 
 Section 13. A person committed for not finding sureties or 
 refusing to recognize, as required by the judge, may be dis- 
 charged by any judge on giving such security as was required. 
 
 Section 14. Every 'recognizance taken in pursuance of the 
 foregoing provisions shall be transmitted by the judge to the 
 criminal court of Cook county by the first day of the next term 
 and shall be filed of record by the clerk and upon a breach of 
 the condition the same shall be prosecuted by the state's at- 
 torney. 
 
 Section 18. The sureties of any person bound to keep the 
 peace may, at any time, surrender their principal to the sheriff 
 of the county under the same rules and regulations governing 
 the surrender of the principal in other criminal cases. 
 
 Section 19. The person so surrendered may recognize anew 
 with sufficient sureties before any judge of the municipal court 
 for the residue of the time and shall thereupon be discharged. 
 
 Section 20. No proceeding to prevent a breach of the peace 
 shall be dismissed on account of any informality or insufficiency 
 in the complaint, or any writ or proceeding, but the same may 
 be amended by order of the judge to conform to the truth in 
 the case.
 
 CHAPTER IV. 
 
 ARREST, EXAJVIINATION, COMMITMENT AND BAIL OP 
 PERSONS CHARGED WITH CRIMINAL OFFENCES. 
 
 The practice in this class of cases is not referred to in the 
 Municipal Court Act, but is provided for by Division VII. of the 
 Criminal Code (Hurd's R. S. of 1905, paragraphs 319-338) 
 which declares that "any judge of a court of record in vacation 
 as well as in term time, or any justice of the peace" is author- 
 ized to issue process to carry into effect the provisions of the 
 criminal code with respect thereto. The method of procedure is 
 treated in Moore's Criminal Law (Second Ed.) Chapter II., Sec- 
 tion II., pp. 28-102. For present purposes it will be sufficient to 
 present Division VII. of the Criminal Code with such changes 
 and additions as will show its application in the municipal court. 
 This will make it read as follows : 
 
 DIVISION VIL 
 
 ARREST, EXAMINATION, COMMITMENT AND BAIL. 
 
 Section 1. For the apprehension of persons charged with 
 offences any judge of the municipal court is authorized to issue 
 process to carry into effect the following provisions of this act : 
 
 Section 2. Upon complaint made to such judge that any 
 such criminal offence has been committed he shall examine on 
 oath the complainant and any witness produced by him, shall 
 reduce the complaint to writing, and cause it to be subscribed 
 and sworn to by the complainant; which complaint shall con- 
 tain a concise statement of the offence charged to have been com- 
 mitted and the name of the person accused, and that the com- 
 plainant has just and reasonable grounds to believe that such 
 person committed the offence. 
 
 Section 3. If it appears that such offence has been commit- 
 ted, the judge shall issue a warrant directed to all sheriffs, cor- 
 oners and constables within this State, stating the offence by 
 
 422
 
 ARREST, EXAMINATION, COMMITMENT AND BAIL. 423 
 
 name or so that it can be clearly inferred, the name of the per- 
 son accused and requiring the officer to whom it is directed 
 forthwith to take the person of the accused and bring him be- 
 fore such judge or, in case of his absence or inability to act, 
 before any other judge or justice in the county, and in the 
 same warrant may require the officer to summon such witnesses 
 as shall be therein named to appear and give evidence on the 
 examination. 
 
 Section 4, If the name of the defendant is unknown to the 
 complainant or judge he may be designated by any name, de- 
 scription or circumstances by which he can be identified with 
 reasonable certainty, and if upon arrest he refuses to disclose his 
 true name he may be tried and convicted by the name used in 
 the warrant. 
 
 Section 5. The judge issuing the warrant may make an or- 
 der thereon authorizing a person to be named in the order to 
 execute the same and the person so named may execute such 
 warrant in the same manner and shall have like powers as if 
 he were the officer named in the warrantj and all sheriffs, cor- 
 oners, constables and others, when required in their respective 
 counties, shall aid in the execution of such warrant. 
 
 Section 6. If a person against whom a warrant is issued 
 for any alleged offence before or after the issuing of such war- 
 rant escapes from or is out of the county, the officer to whom 
 such warrant is directed may pursue and apprehend the party 
 charged in any county of this State and for that purpose may 
 command aid and exercise the same authority as in his own 
 county. 
 
 Section 7. "When a person is arrested in a county other than 
 that in which the offence was conunitted, the officer shall take 
 him before the judge who issued the warrant, or, in his absence, 
 before a judge or justice of the peace of the county in which 
 the warrant was issued. 
 
 Section 8. The officer or any person so authorized having 
 the custody of a prisoner, may pass through any counties which 
 may be in his route between the place of arrest and the place to 
 which he is taking the prisoner and may lodge the prisoner in
 
 424 PRACTICE IN THE MUNICIPAL COURT. 
 
 any jail on the route for safe custody for one night or more as 
 circumstances may require. 
 
 Section 9. Every person arrested by warrant for any of- 
 fence, where no other provision is made for his examination 
 thereon, shall be brought before the judge who issued the war- 
 rant or, if he is absent or unable to attend, before some other 
 judge or justice of the same county; and the warrant, with a 
 proper return thereon signed by the person who made the arrest, 
 shall be delivered to such judge or justice. 
 
 Section 10. The judge may for good cause appearing ad- 
 journ an examination or trial pending before himself from 
 time to time as occasion requires, not exceeding ten days at any 
 one time, without the consent of the defendant or person 
 charged. In the meantime if the party is charged with an of- 
 fence not bailable he shall be committed; otherwise he may be 
 recognized in a sum and with sureties to the satisfaction of such 
 judge for his appearance for further examination, and for want 
 of such recognizance he shall be committed to jail. 
 
 Section 11. If the person so recognized does not appear be- 
 fore the judge according to the condition of such recognizance, 
 the judge shall record the default, but such default may be set 
 aside by the judge for good cause shown on the appearance of 
 the accused at any time to which the matter may be continued 
 by such judge, and in case such default is not set aside as afore- 
 said the judge shall certify the recognizance with a record of 
 the default to the court having cognizance of the offence and 
 like proceedings may be had thereupon as upon a breach of the 
 condition of a recognizance for appearing before such court or 
 an action of debt may be maintained thereon. 
 
 Section 12. When a person fails to recognize he may be 
 committed to jail by an order of the judge, which order shall 
 be in writing and contain a concise statement of the reason of 
 such commitment and the date and place appointed for his ex- 
 amination, and on the day appointed he may be brought before 
 the judge by his verbal order to the officer who made the com- 
 mitment or by any order in writing to a different person. 
 
 Section 13. The prisoner shall not in any case be discharged
 
 ARREST, EXAMINATION, COMMITMENT AND BAIL. 425 
 
 on account of any insufficiency or informality in the complaint 
 or on account of any informality in the warrant or because it 
 is not under the seal of the judge or justice; but the warrant 
 may be amended by the judge at any time pending the pro- 
 ceedings. 
 
 Section 14. The judge before whom any person charged with 
 a criminal offence is brought with or without a warrant, shall, 
 as soon as may be, examine the witness in support of the prose- 
 cution as well as those who may be produced on behalf of the 
 accused on oath in the presence of the party charged in relation 
 to any matter connected with such charge which he may deem 
 pertinent. 
 
 Section 15. While a witness is being examined the judge or 
 justice of the peace may, if he sees cause, exclude from the place 
 of examination all the other witnesses, or direct the witnesses to 
 be kept separate so that they can not converse with each other 
 until they have been examined. 
 
 Section 16. If it appears to the judge upon the whole ex- 
 amination that no offence has been committed or that there is 
 no probable cause for charging the prisoner with the offence, he 
 shall be discharged. 
 
 Section 17. If it appears that an offence has been committed 
 and that there is probable cause to believe the prisoner guilty, 
 and if the offence is bailable by the judge and the prisoner offers 
 sufficient bail, it shall be taken and the prisoner discharged ; but 
 if no sufficient bail is offered or the offence is not bailable by 
 the judge or justice, the prisoner shall be committed to jail for 
 trial. 
 
 Section 18. When the prisoner is admitted to bail or com- 
 mitted the judge shall bind by recognizance such witnesses 
 against the prisoner as he deems material to appear and testify 
 at the next court having cognizance of the offence and in which 
 the prisoner shall be held to answer: Provided, no such witness 
 shall be required to give other security than his own recogni- 
 zance for such appearance. 
 
 Section 19. When a married woman or minor is a material 
 witness any other person may be allowed to recognize for the ap-
 
 426 PRACTICE IN THE MUNICIPAL COURT. 
 
 pearance of such witness; or the judge may in his discretion 
 take recognizance of such married woman or minor in a sum not 
 exceding $50, which shall be valid and binding in law notwith- 
 standing the coverture or minority: Provided, that no such 
 minor or married woman shall be required to give other security 
 than his or her own recognizance for such appearance. 
 
 Section 20. Witnesses required to recognize shall if they re- 
 fuse be committed to jail by the judge, thei'e to remain until 
 they comply with such order or are otherwise discharged accord- 
 ing to law. 
 
 Section 21. "When any defendant or witness is committed 
 because he fails to enter into a recognizance as required by law, 
 or because the offence is not bailable, the judge shall make out 
 his warrant of commitment directed to the sheriff, coroner or 
 any constable, and containing a short recital of the cause of 
 commitment and commanding the officer to commit the prisoner 
 to the county jail and deliver him to the keeper thereof, and the 
 jailer to receive him into his custody and safely keeping him 
 until he is discharged by process of law. No mittimus shall be 
 considered defective for want of the seal of the judge, or other 
 legal or technical form, if sufficient appear on its face to ascer- 
 tain for what crime or offence the prisoner is committed. 
 
 Section 22. If the offence is bailable or the person committed 
 is a witness the judge shall endorse on the warrant of com- 
 mitment the amount of bail required. 
 
 Section 23. The judge committing any person upon a crim- 
 inal charge shall endorse upon the warrant of commitment the 
 names and residences of the principal witnesses by whom the 
 crime was proved before him. 
 
 Section 24. The officer delivering the prisoner to the custody 
 of the jailer shall also deliver to him such warrant of commit- 
 ment to be by him duly preserved. 
 
 Section 25. Whenever any prisoner in the custody of the 
 sheriff of any county on any warrant of commitment, as afore- 
 said, shall, by himself or his attorney, demand of said sheriff a 
 copy of said warrant of conunitment, said sheriff' shall endorse
 
 ARREST, EXAMINATION, COMMITMENT AND BAIL. 427 
 
 on the said copy the names of the witnesses written thereon as 
 aforesaid and deliver the same to the prisoner or his counsel; 
 and any judge who shall neglect to write the name or names of 
 the witnesses aforesaid on the warrant of commitment, or any 
 sheriff who on such demand shall neglect to endorse the name of 
 said witness or witnesses on any copy of said commitment, or de- 
 liver the same to the prisoner or his counsel, each judge or sher- 
 iff offending in the premises shall be fined the sum of $20 to be 
 recovered by action of debt in the name and for the use of 
 any person who shall sue for the same in any court of record.
 
 CHAPTER V. 
 
 PROCEEDINGS PERTAINING TO SEARCH WARRANTS. 
 
 Nothing is contained in the Municipal Court Act upon this 
 subject. But Division VIII. of the Criminal Code (Hurd's R. 
 S. of 1905, paragraphs 372-380) confers authority in respect to 
 search warrants upon "any judge or justice of the peace." The 
 method of procedure is treated in Moore's Criminal Law (Second 
 Ed.) Chapter II., Section III., pp. 102-115. For present pur- 
 poses it will be sufficient to present Division VIII. of the Crim- 
 inal Code with such changes and additions as will show its appli- 
 cation in the municipal court. This will make it read as follows : 
 
 DIVISION VIII. 
 
 SEARCH WARRANTS. 
 
 Section 1. When complaint is made in writing, verified bj'" 
 affidavit, to any judge of the municipal court that personal prop- 
 erty (particularly describing the same) has been stolen, embez- 
 zled or fraudulently obtained by false tokens or pretences and 
 that the complainant believes that it is concealed in any house 
 or place (particularly describing the same) the judge, if he is 
 satisfied that there is reasonable cause for such belief, shall issue 
 a warrant to search such house or place for such property. 
 
 Section 2. Any such judge may on like complaint made un- 
 der oat^ issue search warrants when satisfied that there is rea- 
 sonable cause in the following cases, to-wit: 
 
 1. To search for and seize counterfeit or spurious coin, 
 forged bank notes and other forged instruments, or tools, ma- 
 chinery or materials prepared or provided for making either of 
 them. 
 
 2. To search for and seize books, pamphlets, ballads, printed 
 papers or other things containing obscene language, or obscene 
 prints, pictures, figures or descriptions, manifestly tending to 
 corrupt the morals of youth, and intended to be sold, loaned, cir- 
 
 428 
 
 I
 
 SEARCH WARRANTS. 429 
 
 Ciliated or distributed, or to be introduced into any family, 
 school, or place of education. 
 
 3. To search for and seize lottery tickets, or materials for a 
 lottery, unlawfully made, provided or procured, for the pur- 
 pose of drawing a lottery. 
 
 4. To search for and seize gaming apparatus, or implements 
 used, or kept and provided to be used in unlawful gaming, in 
 any gaming house, or in any building, apartment, or place re- 
 sorted to for the purpose of unlawful gaming. 
 
 Section 3. All such' warrants shall be directed to the sheriff 
 or any constable of the county commanding such officer to search 
 in daytime the house or place where the stolen property or other 
 things for which he is required to search are believed to be con- 
 cealed) which place or property or thing to be searched for 
 shall be particularly designated and described in the warrant), 
 and to bring such stolen property or other things, when found, 
 and the person in whose possession they are found, to the judge 
 who issued the warrant, or to some other judge or justice of the 
 peace or court having cognizance of the case. 
 
 Section 4. If there is satisfactory evidence that any prop- 
 erty stolen, embezzled or obtained by false tokens or pretences, 
 or that any of the other things for which a search warrant may 
 be issued by the provisions of this act are kept, concealed, pre- 
 pared or used in a particular house or place, a warrant may 
 be issued by two judges to authorize the search of such house or 
 place in the night-time and to bring the property or things de- 
 scribed in the warrant or summons and the person in whose pos- 
 session they are found, before either of the judges who issued 
 the warrant or some other judge or justice of the peace of the 
 county. 
 
 Section 5. The officer may break open any outer or inner 
 door or window of a house or anything therein if after notice of 
 his authority and purpose he is refused admittance, using no 
 more force than is necessary. 
 
 Section 6. The return of the officer shall particularly speci- 
 fy the property taken and the place where and the person from 
 whom the property is taken.
 
 430 PRACTICE IN THE MUNICIPAL COURT. 
 
 Section 7. When an officer in the execution of a search war- 
 rant finds stolen or embezzled property or seizes any of the 
 other things for which a search is allowed by this act, all the 
 property and things so seized shall be safely kept by direction 
 of the judge or court so long as necessary for the purpose of 
 being produced or used as evidence on any trial. As soon as 
 may be afterwards, all such stolen and embezzled property shall 
 be restored to the owner thereof and all the other things seized 
 by virtue of such warrants shall be burnt or otherwise destroyed 
 under the direction of the judge or court. 
 
 Section 8. If on the hearing it appears that there was no 
 probable cause for suing out the warrant the whole cost may be 
 taxed against the complainant and execution awarded. 
 
 Section 9. When a person charged with a felony is suspected 
 by the judge before whom he is brought to have upon his person 
 a dangerous weapon or anything that may be used as evidence 
 of the commission of the offence, the judge may direct him to be 
 searched in his presence and such weapon or other thing to be 
 retained subject to the order of the court in which the defendant 
 may be tried.
 
 PART V. /THE PRACTICE IN QUASI 
 CRIMINAL CASES. 
 
 CHAPTER I. 
 
 THE PRACTICE IN QUASI CRIMINAL CASES IN GEN- 
 ERAL. 
 
 Quasi criminal eases in the municipal court are either cases of 
 the second class or of the fourth class. Those of the second class 
 are cases transferred to the municipal court by change of venue 
 or otherwise, by the circuit court of Cook county, or by the 
 superior court of Cook county, or by the criminal court of Cock 
 county, for trial and dispositon. The practice in quasi crim- 
 inal cases of the second class in the municipal court, unless in 
 very exceptional cases, will be the same in all respects as that in 
 civil cases of the second class. (See Chapter II, Part II, ante.) 
 With reference to the practice, quasi criminal cases of the fourth 
 class will be of two kinds, being, first, those prosecuted by sum- 
 mons and, second, those prosecuted by warrant. 
 
 First. Cases prosecuted by summons will be (a) those where 
 the offense complained of is not also a violation of the criminal 
 code and in which there is no proper showing made that the 
 party charged will escape unless arrested, and (b) those which 
 are also violations of the criminal code, but which the court in 
 its discretion may direct to be prosecuted by summons. (Sec- 
 tion 49.) 
 
 It is the intention of the law that arrests in such cases shall 
 be made only when that course seems necessary to insure that the 
 defendant will appear and abide the judgment of the court. 
 Heretofore the practice has been to issue warrants in all cases. 
 The result has been that many citizens have been subjected to 
 unnecessary trouble and humiliation, when the final result has 
 shown they were not guilty of the charges made against them. 
 
 431
 
 432 PRACTICE IN THE MUNICIPAL COURT. 
 
 Not only have they been subjected to arrests, but in some eases 
 they have been compelled to suffer imprisonment in police sta- 
 tions. This practice will not be permitted in the municipal 
 court, excepting in the cases above referred to. Neither will any 
 defendant, either in a quasi criminal case or^in a criminal case, 
 be required to pay any costs whatever, excepting in case of con- 
 viction. 
 
 When cases are commenced by summons the practice will be in 
 all respects the same as that prescribed for civil cases of the 
 fourth class, with the exception that if the defendant, after being 
 served with summons, fails to personally appear at the time 
 specified in the summons, or to enter his appearance at or before 
 such time, the court may, in its discretion, issue a warrant for 
 his arrest. The suit will be conuiienced by the filing of a prae- 
 cipe and a bill of particulars. The bill of particulars should 
 describe the offense with which the defendant is charged, just 
 as it would be described in an affidavit made for procuring a 
 warrant, and it would be expedient for the court, through its 
 rules and regulations, to require that a copy of the praecipe and 
 bill of particulars should be attached to the copy of the summons 
 and served upon the defendant. This course would save the 
 defendant or his attorney if he employed one, the trouble of 
 appearing at the clerk's office and examining and procuring a 
 copy of the charges against him. The praecipe and bill of par- 
 ticulars may be in the following form : 
 
 State op Illinois, ^ In the Municipal Court 
 
 City of Chicago, v ss. of Chicago. 
 
 First District, j 
 
 The City of Chicago "J No. 750. Quasi Criminal. 
 
 vs. V Claim for Penalty. 
 
 John Doe. ) Maximum $50. 
 
 To the Clerk of said court : , 
 
 You will please issue a summons to the defendant directed to 
 the bailiff to execute and returnable at 10 a. m. sharp on the 
 10th day of December, 1906. 
 
 The City of Chicago, 
 
 by Howard S. Taylor, 
 Prosecuting Attorney.
 
 QUASI CRIMINAL CASES. 433 
 
 MEMORANDA FOR BAILIFF. 
 
 Name of Defendant. Place of Residence. Place of Business. 
 John Doe. 476 Halsted Street. 474 Halsted Street. 
 
 BILL OF PARTICULARS. 
 
 Plaintiff's claim is for a penalty not exceeding $50 for a viola- 
 tion by the defendant of Section 168 of the Revised Municipal 
 Code of Chicago of 1905, in that the defendant did, at No. 476 
 Halsted Street, in the city of Chicago, keep a billiard table for 
 profit and did then and there permit one Richard Roe he, the said 
 Richard Roe being then and there a minor under the age oi 
 eighteen years, to play thereon. 
 
 Howard S. Taylor, 
 Prosecuting Attorney. 
 
 If, when the summons has been duly served, the defendant 
 fails to appear in response to it, the court will be at liberty 
 either to proceed as in case of default, or to issue a warrant for 
 the defendant's arrest. When a warrant issues the defendant 
 may be arrested and dealt with as in a case in which a warrant 
 has issued in the first instance. 
 
 Second. Cases prosecuted by warrant will be (a) those in 
 which the offence complained of is also a violation of the crim- 
 inal code and (b) those in which, though the offence is not also 
 a violation of the criminal code, it is made to appear by affidavit 
 "that an ordinance has been violated and that the person making 
 the complaint has reasonable grounds to believe the party 
 charged is guilty thereof and will escape unless arrested and 
 stating the facts upon which such belief is based. ' ' In either case 
 the issuance of the warrant is discretionary with the judge to 
 whom the application therefor is made. When the violation of 
 the ordinance is also a violation of the criminal code the affidavit 
 for the warrant may be in the following form: 
 
 State of Illinois, 1 In the Municipal Court 
 
 City of Chicago, v ss. of Chicago. 
 
 First District, j 
 
 Richard Roe being first duly sworn, on his oath deposes and 
 says that John Doe, late of said city of Chicago, on the 4th day 
 
 28
 
 434 PRACTICE IN THE MUNICIPAL COURT. 
 
 of December, A. D. 1906, at the city of Chicago aforesaid,. 
 
 (here insert the words descriptive of the offence), in violation of 
 
 Section of the Revised Municipal Code of the City of 
 
 Chicago of 1905. 
 
 Richard Roe. 
 
 Subscribed and sworn to before 
 me this 6th day of December, 
 A. D. 1906. 
 John Smith, 
 
 Clerk of the Municipal Court of Chicago. 
 
 » 
 
 When the violation of the ordinance is not also a violation of 
 the criminal code the affidavit for the warrant may be in the 
 following form : 
 
 State op Illinois, ] In the Municipal Court 
 
 City of Chicago, I ss. of Chicago. 
 
 First District, j 
 
 Richard Roe being first duly sworn, on his oath deposes and 
 says that John Doe, late of said city of Chicago, on the 4th day 
 of December, A. D. 1906, at the city of Chicago aforesaid, 
 (here insert the words descriptive of the offence), in violation of 
 
 Section of the Revised Municipal Code of the City of 
 
 Chicago of 1905. 
 
 Affiant further says that affiant has reasonable grounds to 
 believe that the said John Doe will escape unless arrested; that 
 said John Doe Is not a resident of the city of Chicago, but is 
 only temporarily in said city and is about to depart the same. 
 
 Richard Roe. 
 
 Subscribed and sworn to before 
 me this 6th day of December, 
 A. D. 1906. 
 John Smith, 
 
 Cle?'k of the Municipal Court of Chicago. 
 
 Included in cases prosecuted by warrant are eases where 
 arrests are made by officers on view. In such cases the officer 
 making the arrest should at once file with the clerk of the court
 
 QUASI CRIMINAL CASES. 435 
 
 to which the defendant is taken an affidavit substantially in the 
 following form: 
 
 State op Illinois, "j In the Municipal Court 
 
 CiTY OF Chicago, v ss. of Chicago. 
 
 First District, j 
 
 Richard Eoe being first duly sworn, on his oath deposes and 
 says that John Doe, late of said city of Chicago, on the 4th day 
 of December, A. D. 1906, at the city of Chicago aforesaid, 
 (here insert the words descriptive of the offence), in violation of 
 
 Section of the Revised Municipal Code of the City of 
 
 Chicago of 1905. 
 
 Affiant further says that affiant is a police officer of the city 
 of Chicago ; that affiant saw the said John Doe commit the said 
 offence above mentioned and then and there arrested the said 
 John Doe; that at the time of the making of said arrest affiant 
 had reasonable grounds to believe that the said John Doe would 
 escape unless arrested; that, in case affiant had not arrested the 
 said John Doe on view, affiant would have been unable to ascer- 
 tain with certainty the name and place of residence of the said 
 John Doe and by reason thereof there was danger that the said 
 John Doe would have escaped prosecution for the said offence. 
 
 Richard Roe. 
 
 Subscribed and sworn to before 
 
 me this 4th day of December, 
 A. D. 1906. 
 John Smith, 
 
 Clerk of the Municipal Court of Chicago.
 
 CHAPTER II. 
 
 PENAL PROVISIONS OF CITY OF CHICAGO MUNICIPAL 
 ORDINANCES WITH FORMS OF COMPLAINTS. 
 
 A revision of the Municipal Code of Chicago was made in 
 1905. A considerable number of amendments have been made to 
 it since then, some of which are given in the Appendix to the 
 Code as published and others are found only in the subsequently 
 published council proceedings. To attain absolute accuracy with 
 respect to all of these amendments would be a work of great 
 difficulty and would require more time than the author has been 
 able to devote to it. It is believed, however, that the references 
 given below are substantially accurate. The author has not 
 attempted to prepare forms to fit all cases which may arise, but 
 it is believed those prepared and given below will be found suffi- 
 cient for all practical purposes. The forms thus given contain 
 the words descriptive of the offences and are to be inserted in 
 the forms of bills of particular and complaints given in the 
 preceding chapter. 
 
 PENAL PROVISIONS 
 
 OF THE 
 
 MUNICIPAL ORDINANCES OF CHICAGO. 
 
 ACETYLENE GAS— STORAGE OF. 
 
 The ordinance on this subject was passed March 30, 1906, and 
 is found in the printed council proceedings of that date on pp. 
 3314-3315. Its penal provisions are contained in section 9 on 
 p. 3315. 
 
 (forms omitted.) 
 
 ADVERTISEMENTS OF CURES FOR SEXUAL DISEASES. 
 
 The penal provisions on this subject are found in section 1463, 
 p. 406, R. M. C. of 1905, Chapter XXXIX. 
 (forms omitted.) 
 436
 
 CHICAGO MUNICIPAL CODE, 437 
 
 'ADVERTISING QUACK NOSTRUMS. 
 
 The penal provisions on this subject are found in section 1471, 
 p. 408, R. M. C. of 1905, Chapter XXXIX. 
 (forms omitted.) 
 
 AIR GUN. 
 
 The penal provisions on this subject are found in section 1426, 
 p. 398, R. M. C. of 1905, Chapter XXXIX. 
 
 FORMS. 
 
 (Section 1426, page 398.) 
 did then and there fire and discharge a certain air gun (or 
 ''spring gun," or whatever the device was) calculated and in- 
 tended to propel (or ''project") a bullet (or "an arrow," or "a 
 projectile similar to a bullet or arrow") upon (here insert name 
 of street) in said city, 
 
 AMBULANCES AND PHYSICIANS. 
 
 The penal provisions on this subject are found in section 1051, 
 pp. .301-302, R. M. C. of 1905, Chapter XXXII. 
 
 (forms OMITTED. ) 
 
 AMUSEMENTS. 
 
 The penal proviisons on this subject are found in section 100,. 
 p. 32, section 117, p. 40, and section 122, p. 41, R. M. C. of 1905, 
 Chapter VI. 
 
 forms. 
 
 (Section 117, page 40.) 
 
 did at (here insert place), the same then and there being a 
 theatre in which public entertainments were given for gain, and 
 being in said city, give away to one (here insert name) intoxicat- 
 ing liquor without a special, permit from the mayor, 
 
 (Section 122, page 41.) 
 
 did at (here insert place), in said city of Chicago, engage in the 
 business of selling tickets of admission to places of amusement 
 in said city, at a higher price than the price printed thereon,.
 
 438 PRACTICE IN THE MUNICIPAL COURT. 
 
 ANIMALS. 
 
 The penal provLsions on this subject are found in sections 1272- 
 1277, pp. 362, 363, R. M. C. of 1905, Chapter XXXII. 
 (forms omitted.) 
 
 ANIMALS, HORSES AND VEHICLES. 
 
 The penal provisions on this subject are found in sections 1416- 
 1425, pp. 396-398, R. M. C. of 1905, Chapter XXXIX. 
 
 forms. 
 
 (Section 1416, page 397.) 
 
 (1.) 
 did then and there ride (or "drive," or "cause to be ridden," or 
 "cause to be driven,") a certain horse (or such other animal as 
 was driven) upon a certain street (or "public way") known as 
 (here insert name of street or public way) in said city, at a 
 greater speed than at the rate of ten miles an hour, 
 
 (Section 1417, page 397.) 
 
 was then and there riding (or "driving") a certain horse (or 
 such other animal as was ridden or driven) along and upon a cer- 
 tain street in said city, known as (here insert name of street) and 
 was then and there turning the corner of said (here insert name) 
 street and while so turning said corner did ride (or "drive") 
 said horse (or such other animal as was ridden or driven) with 
 greater speed than at the rate of four miles an hour, 
 
 (Section 1418, page 397.) 
 
 did then and there ride (or "drive") a certain horse (or what- 
 ever animal was ridden or driven) out of a certain alley between 
 (name of street) and (name of street) in said city, at a greater 
 speed than a walk^ 
 
 (Section 1419, page 397.) 
 
 did then and there have charge (or "custody," or "control") 
 of a certain hoi-se (or "mule," or "ass," or "ox," or "cow," or 
 "goat," or "pig," or whatever the animal was) and did then 
 and there permit said (here insert kind of animal) to go loose
 
 CHICAGO MUNICIPAL CODE. 439 
 
 (or "at large,") in a certain public way in said city, known as 
 (here give name of public highway), 
 
 (Section 1420, page 397.) 
 
 did then and there have the charge (or ** custody," or * 'con- 
 trol,") of a certain horse, and did then and there suffer said 
 horse, (or "permit said horse to go," or "lead said horse," or 
 "ride said horse," or "drive said horse,") upon a certain side- 
 walk in said city, upon a certain street known as (here insert 
 name of street), 
 
 (Section 1421, page 397.) 
 
 did then and there run (or "race") a horse in (here insert 
 name of street) in said city, 
 
 (Section 1422, page 397.) / 
 
 did then and there sell (or "expose for sale") at auction a cer- 
 tain horse (or whatever the animal was) in a certain public 
 highway in said city, known as (here insert name of public way), 
 
 (Section 1423, page 397.) 
 
 did then and there drive a certain horse before a sleigh (or "cut- 
 ter," or whatever the vehicle was,) through a certain public 
 way in said city of Chicago known as (here insert name of pub- 
 lic way) without there then and there being a sufficient number 
 of bells attached to the harness of said horse and sleigh to warn 
 persons of its approach, 
 
 (Section 1423, page 397.) 
 
 did then and there leave a certain horse (or whatever the animal 
 was) attached to a certain carriage (or "wagon," or "cart," or 
 "sleigh," or "sled," or whatever the vehicle was,) in a certain 
 public way known as (here insert name of public way) in said 
 city, without securely fastening said horse (or whatever the ani- 
 mal was), 
 
 (Section 1425, page 398.) 
 
 did then and there overload (or "cause to be overloaded") a 
 wagon (or whatever the vehicle was) drawn by a certain horse 
 (or "by certain horses," or whatever the animal or animals 
 were,) upon (here insert name of street) street in said city,
 
 440 PRACTICE IN THE MUNICIPAL COURT. 
 
 AUCTIONS AND AUCTIONEERS. 
 
 The penal provisions on this subject are found in sections 127 
 and 128, p. 43, sections 129, 132 and 133, p. 44, sections 134, 135, 
 136 and 137, p. 45 and section 140, p. 46, R. M. C. of 1905^ 
 Chapter VIII. 
 
 FORMS. 
 
 (Section 127, page 43.) 
 
 did at (here insert place) in said city, sell (here insert property 
 sold) at public auction, the same not being sold by virtue of legal 
 process or under and by virtue of a mortgage, without first hav- 
 ing obtained a license, 
 
 (Section 128, page 43.) 
 
 did at (here insert place) in said city, permit one (here insert 
 name) he, the said (here insert name) not being a partner or 
 clerk of him the said (here insert name of defendant) duly desig- 
 nated in accordance with the ordinance hereinafter mentioned, 
 to sell (here insert property sold), at auction in said city, the 
 same being the place designated in the license of him the said 
 (here insert name of defendant), he, the said (here insert name 
 of defendant), being then and there a licensed auctioneer, 
 
 AUTOMOBILES. 
 The penal provisions on this subject are found in section 156, 
 p. 51, and section 164, p. 53, R. M. C. of 1905, Chapter IX. 
 
 FORMS. 
 
 (Section 156, page 51.) 
 
 (1.) 
 did, upon (here insert name of street) street, in the said city, 
 operate an automobile, (or "auto car," or whatever other ve- 
 hicle was used,) without first having obtained a card or certifi- 
 cate of identification, 
 
 (2.) 
 
 did, upon (here insert name of street) street, in said city, oper- 
 ate an automobile, (or "auto car," or whatever other vehicle 
 was used,) the same not being the type or class of machine speci- 
 fied in the certificate or card of identification of him, the said 
 (here insert name of defendant,)
 
 CHICAGO MUNICIPAL CODE. 441 
 
 (Section 158, page 51.) 
 
 did operate an automobile, (or "auto car," or whatever other 
 vehicle was used) in said city, without displaying identification 
 numbq;*s or letters, 
 
 (Section 159, page 51.) 
 did, in said city, operate an automobile, (or "auto car," or what- 
 ever other vehicle was used,) without displaying on the rear of 
 the car, as near the middle as might be, and in such position as 
 not to be hidden by the hood or other obstruction of said vehicle, 
 identification numbers or letters, of the size prescribed by Sec- 
 tion 159 of the Revised Municipal Code of Chicago of 1905, and 
 attached to said vehicle in manner prescribed by said Section 
 159, 
 
 (Section 164, page 53.) 
 
 did, upon (here insert name of street) street, in said city, oper- 
 ate an automobile, (or "auto car," or whatever other vehicle 
 was used,) between sunset and daybreak on said day, without 
 maintaining a lamp or lamps or lantern or lanterns throwing a 
 red light to the rear of the machine and a white light on the let- 
 ters or numbers, in such manner as to make the same plainly 
 visible and legible during the time the same was being so oper- 
 ated, 
 
 AUTOMOBILES, LIVERY & BOARDING STABLES AND 
 
 GARAGES. 
 
 The ordinance on this subject is an amendment of Chapter 
 LXIX of the Revised Municipal Code of Chicago of 1905 and 
 was passed Feb. 26, 1906, and is found in the printed council 
 proceedings of that date on pp. 2753-2760. Its penal provisions 
 are contained in section 2374 on p. 2756 and sections 23766 and 
 2S76d on p. 2757. 
 
 (forms omitted.) 
 
 AUTOMOBILES— PUBLIC FOR PASSENGERS. 
 
 The penal provisions on this subject are found in sections 2297 
 and 2299, p. 618, section 2311, p. 621, and section 2324, p. 624, 
 R. M. C. of 1905, Chapter LXIX. 
 
 (forms omitted.)
 
 442 PRACTICE IN THE MUNICIPAL COURT. 
 
 AUTOMOBILES— USED AS PUBLIC CAKTS. 
 
 The penal provisions on this subject are found in section 2352, 
 p. 632, section 2354, p. 633, and section 2366, p. 635, R. M. C. of 
 1905, Chapter LXIX. 
 
 (forms omitted.) 
 
 BARBED WIRE FENCE. 
 
 The penal provisions on this subject are found in section 1442, 
 p. 401, R. M. C. of 1905, Chapter XXXIX. 
 
 (forms omitted.) 
 
 BARRICADE ON SIDEWALKS. 
 
 The penal provisions on this subject are found in section 1484, 
 p. 414, R. M. C. of 1905, Chapter XXXIX. 
 (forms omitted.) 
 
 ATHLETIC FIELDS AND OTHER PLACES WHERE 
 GAMES ARE PLAYED— THROWING GLASS BOT- 
 TLES AND OTHER THINGS ON. 
 
 The ordinance on this subject was passed July 2, 1906, and is 
 found in the printed council proceedings of that date on p. 1118. 
 Its penal provisions are contained in section 2 on p. 118. 
 (forms omitted.) 
 
 BATHING WITHIN CITY LIMITS. 
 
 The penal provisions on this subject are found in section 1483, 
 p. 411, R. M. C. of 1905, Chapter XXXIX. 
 
 forms. 
 
 (Section 1483, page 411.) 
 
 (1.) 
 did then and there swim (or "bathe") in the water of Lake 
 
 Michigan adjacent to said city and the said (here insert name of 
 defendant) was not then and there clothed in a suitable bath- 
 ing dress, 
 
 (2.) 
 
 did then and there swim (or "bathe") in the waters of the 
 harbor of said city, and the said (here insert name of defendant) 
 was not then and there clothed in a suitable bathing dress,
 
 CHICAGO MUNICIPAL CODL. 443 
 
 BILLIARDS AND POOL TABLES, BOWLING OR PIN AND 
 BALL ALLEYS. 
 
 The penal provisions on this subject are found in section 165, 
 p. 54, and sections 167 and 168, p. 55, R. M. C. of 1905, Chapter 
 X. 
 
 FORMS. 
 
 (Section 165, page 54.) 
 did at (here insert place), in said city, keep for profit a billiard 
 table without first obtaining a license therefor as provided by 
 Chapter X of the Revised Municipal Code of Chicago, 1905, 
 
 (Section 168, page 55.) 
 
 (1.) 
 did, at (here insert place) in said city, keep a billiard table for 
 profit and did then and there permit one (here insert name of 
 player) he, the said (here insert the name of player), being then 
 and there a minor under the age of eighteen years, to play 
 thereon, 
 
 (2.) 
 did, at (here insert the place) in said city, play upon a billiard 
 table then and there kept for profit by one (here insert name of 
 keeper) he the said (here insert name of defendant) being then 
 and there a minor under the age of eighteen years, 
 
 BILL POSTERS AND POSTING. 
 
 The penal provisions on this subject are found in sections 174, 
 175, 176 and 177, pp. 57-8, R. M. C. of 1905, Chapter XI. 
 
 FORMS. 
 
 (Section 172, page 56.) 
 
 (1.) 
 did, at (here insert place) in said city, carry on the business of 
 bill posting without first having obtained a license as provided by 
 Chapter XI of the Revised Municipal Code of Chicago of 1905, 
 
 (2.) 
 did, at (here insert name of place) in said city, pOvSt bills without 
 wearing the badge provided for by Article I, Chapter XI of the 
 Revised Municipal Code of Chicago of 1905,
 
 444 PRACTICE IN THE MUNICIPAL COURT. 
 
 (Section 173, page 57.) 
 did, at (here insert the name of place) in said city, carry on the 
 business of bill posting, the said (here insert name of place) 
 being a new location, under a license previously issued to said 
 (here insert name of defendant) without notice of said change 
 having been given in writing by said (here insert name of de- 
 fendant) to the city comptroller, 
 
 BIRTHS AND DEATHS. 
 
 The penal provisions on this subject are found in sections 1053 
 and 1054, p. 302, R. M. C. of 1905, Chapter XXXII. 
 
 (forms OMITTED.) 
 
 BLASTING. 
 
 The penal provisions on this subject are found in section 183> 
 p. 59, R. M. C. of 1905, Chapter XII. 
 
 forms. 
 
 (Section 179, page 59.) 
 did, at (here insert name of place) in said city, blast rock and 
 stone without giving bond as provided by Chapter XII of the 
 Revised Municipal Code of Chicago of 1905, 
 
 (Section 181, page 59.) 
 did, at (here insert name of place) in said city, blast stone and 
 rock without securely covering said blast in such manner as to 
 absolutely prevent danger to persons and property, 
 
 (Section 182, page 59.) 
 did, at (here insert name of place) in said city, blast stone and 
 rock without giving notice as provided by section 182 of the 
 Revised Municipal Code of Chicago of 1905, 
 
 BREAD. 
 
 The penal provisions on this subject are found in sections 186 
 and 187, p. 60, R. M. C. of 1905, Chapter XIII. 
 
 FORMS. 
 
 (Section 185, page 60.) 
 did, at (here insert name of place) in said city, offer and ex- 
 pose for sale, loaves of bread without a label or tag attached to
 
 CHICAGO MUNICIPAL CODE. 445 
 
 each loaf, plainly showing the weight of such loaf and the name 
 of the manufacturer of the same, 
 
 (Section 186, page 60.) 
 did, at (here insert place) in said city, make, (or ''sell," olr ''of- 
 fer or produce to be sold,") bread of unwholesome meal or flour, 
 
 (Section 187, page 60.) 
 
 (1.) 
 did, at (here insert place) in said city, carry on the business and 
 trade of a baker, and engage in making bread for others for his 
 profit and benefit in person without first having obtained a 
 license for that purpose, as provided by Chapter XIII of the Re- 
 vised Municipal Code of Chicago of 1905, 
 
 (2.) 
 did, at (here insert place) in said city, carry on the business and 
 trade of a baker and did engage in making bread for others by 
 employing one (here insert name of person employed) to carry 
 on said business under the direction of him the said (here insert 
 name of defendant), without having first obtained a license for 
 that purpose as provided by Chapter XIII of the Revised 
 Municipal Code of Chicago of 1905, 
 
 BREWERS AND DISTILLERS. 
 
 The penal provisions on this subject are found in section 1358, 
 p. 383, R. M. C. of 1905, Chapter XXXVI. 
 (forms omitted.) 
 
 BROKERS. 
 
 The penal provisions on this subject are found in section 198, 
 p. 62, R. M. C. of 1905, Chapter XIV. 
 
 forms. 
 (Section 192, page 62.) 
 
 (1.) 
 did, at (here insert place) in said city, engage in the business 
 and act in the capacity of a broker without first having obtained 
 a license therefor as provided by Chapter XIV of the Revised 
 Municipal Code of Chicago of 1905,
 
 446 PRACTICE IN THE MUNICIPAL COURT. 
 
 (2.) 
 did, at (here insert name of place) in said city, carry on and 
 engage in the brokerage business, under a license granted said 
 (here insert name of defendant) to do such business at (here in- 
 sert name specified in license) in said city, without giving notice 
 in writing to the city collector of change of location, as provided 
 by Chapter XIV of the Revised Municipal Code of Chicago of 
 1905, 
 
 BUILDINGS. 
 
 The penal provisions on this subject are found in section 445, 
 
 p. 139, section 685, p. 202, section 714, p. 212, section 725, p. 216, 
 
 sections 727 and 728, p. 217, sections 729, 730 and 731, p. 218, 
 
 section 735, p. 219 and section 738, p. 220, R. M. C. of 1905, 
 
 Chapter XV. 
 
 (forms omitted.) 
 
 BUILDING REGULATIONS. 
 
 The penal provisions on this subject are found in section 1071, 
 p. 306, R. M. C. of 1905, Chapter XXXII. 
 
 (forms omitted.) 
 
 BUILDINGS— WRECKING OF. 
 
 The ordinance on this subject is an amendment of section 209 
 of the Revised Municipal Code of Chicago of 1905 and was 
 passed December 11, 1905, and is found in the printed council 
 proceedings of that date on pp. 1892-1893. Its penal provisions 
 are contained in section 3 on p. 1893. 
 
 (forms omitted.) 
 
 BURGLARS' TOOLS. 
 
 The penal provisions on this subject are found in section 1474, 
 p. 409, R. M. C. of 1905, Chapter XXXIX. 
 
 forms. 
 
 did then and there have in his possession certain nippers of the 
 description known as burglars' nippers (or "a pick lock," or 
 *'a skeleton key," or "a key to be used with a bit," or "a key to 
 be used with bits," or *'a jimmy," or " (here insert name of
 
 CHICAGO MUNICIPAL CODE. 447 
 
 tool), which was then and there a burglar's instrument," or 
 " (here insert name of tool) which was then and there a bur- 
 glar's tool"), for an unlaAvful purpose, 
 
 BURIAL OF THE DEAD. 
 
 The penal provisions on this subject are found in section 1057, 
 p. 303, R. M. C. of 1905, Chapter XXXII. 
 
 (forms omitted.) 
 
 CABBAGE PLANT. 
 
 The penal provisions on this subject are found in section 1278, 
 p. 363, R. M. C. of 1905, Chapter XXXII. 
 
 FORMS. 
 
 (Section 1278, page 363.) 
 
 was then and there the owner (or "lessee," or "occupant") of a 
 certain field, (or "garden," or "open space") then and there 
 
 located at number street in the city of 
 
 Chicago, and did then and there permit a certain cabbage head 
 
 (or "cabbage stalk" or " ," which was then 
 
 and there a portion of a cabbage plant"), to remain upon said 
 garden (or "field," or "open space,") within the city of Chicji- 
 
 go between the 15th day of October in the year of and 
 
 the 15th day of April in the year of without covering 
 
 said cabbage head (or cabbage stalk," or " ") 
 
 under at least one foot of earth, 
 
 CABS, CARRIAGES, HACKS AND OMNIBUSES. 
 
 The penal provisions on this subject are found in sections 2272 
 •and 2273, p. 611, section 2281, p. 613, and section 2293, p. 617, 
 R. M. C. of 1905, Chapter LXIX. 
 
 (forms omitted.) 
 
 CASTING RINDS AND PEELS ON SIDEWALK. 
 
 The penal provisions on this subject are found in section 1492, 
 p. 413, R. M. C. of 1905, Chapter XXXIX.
 
 448 PRACTICE IN THE MUNICIPAL COURT. 
 
 FORMS. 
 
 did then and there throw (or "cast," or "lay," or "place,") on 
 a certain sidewalk on (name of street) near (name of street 
 which it was near) in the said city of Chicago a certain rind (or 
 "peel") of a certain orange (or "banana," or "apple," or what- 
 ever it was), 
 
 CATTLE AND SWINE. 
 
 The penal provisions on this subject are found in section 1293, 
 pp. 365-366, R. M. C. of 1905, Chapter XXXII. 
 
 (forms omitted.) 
 
 CIGAR REFUSE. 
 
 The penal provisions on this subject are found in section 1090, 
 p. 310, R. M. C. of 1905, Chapter XXXII. 
 
 (forms OMITTED.) 
 
 CHANGING FROM STEAM TO ELECTRIC POWER. 
 
 The penal provisions on this subject are found in section 1999, 
 p. 531, R. M. C. of 1905, Chapter LIII. 
 
 (forms OMITTED.) 
 
 CIGARETTES. 
 
 The penal provisions on this subject are found in sections 1081- 
 1085, p. 309, R. M. C. of 1905, Chapter XXXII. 
 
 forms. 
 
 did then and there have a license as provided in Article 10 of the 
 Revised Municipal Code of Chicago of 1905, and did then and 
 there keep for sale (or "keep to give away," or "sell," or "give 
 away," or "offer to sell," or "offer to give away,") certain 
 cigarettes (or "cigarette papers," or "cigarette wrappers") at 
 number street in said city, 
 
 CLAY HOLES AND EXCAVATIONS. 
 
 The penal provisions on this subject are found in section 1477, 
 p. 410, R. M. C. of 1905, Chapter XXXIX. 
 
 (forms OMITTED.)
 
 CHICAGO MUNICIPAL CODE. 449 
 
 CLEANING GOODS IN STREETS. 
 
 The penal provisions on this subject are found in section 1498, 
 p. 415, R. M. C. of 1905, Chapter XXXIX. 
 (forms omitted.) 
 
 COAL. 
 
 The penal provisions on this subject are found in section 741, 
 p. 221, R. M. C. of 1905, Chapter XIV. 
 (forms omitted.) 
 
 COCAINE. 
 
 The ordinance on this subject is an amendment of section 
 1470 of Chapter XXXIX of the Revised Municipal Code of Chi- 
 cago of 1905 and was passed Nov. 27, 1905, and is found in the 
 printed council proceedings of that date on p. 1577. Its penal 
 provisions are contained in section 1 on p. 1577. 
 (forms omitted.) 
 
 COCAINE— SALE OF. 
 
 The penal provisions on this subject are found in section 1470, 
 p. 408, R. M. C. of 1905, Chapter XXXIX. 
 
 forms. 
 
 (Section 1470, page 408.) 
 
 did then and there sell (or "give away") morphine (or "co- 
 caine," or " hydrochlorate, " or whatever the drug was, if it waa 
 any compound of morphine, cocaine, hydrochlorate, or any prep- 
 aration containing morphine, cocaine, hydrochlorate, or any salts 
 of any compound thereof,) to one (here insert name of person to 
 whom article was sold or given away,) without the written pre- 
 scription of a licensed physician or a licensed druggist, licensed 
 under the laws of the State of Illinois, (or "without any pre- 
 scription of a licensed physician or a licensed druggist, licensed 
 under the laws of the State of Illinois, which was filled only once 
 and which had written upon it the name and address of the said 
 (here insert name of person to whom sold or given away) "), 
 29
 
 450 PRACTICE IN THE MUNICIPAL COURT. 
 
 COIMJMON CARRIERS OF OIL. 
 
 The penal provisions on this subject are found in section 
 1546, p. 426, R. M. C. of 1905, Chapter XLIII. 
 (forms omitted.) 
 
 CONCEALED WEAPONS. 
 
 The penal provisions on his subject are found in section 2459, 
 p. 688, R. M. C. of 1905, Chapter LXXII. 
 (forms omitted.) 
 
 CONSTRUCTION OF SCAFFOLDS. 
 
 The penal provisions on this subject are found in section 1480, 
 pp. 410-411, R. M. C. of 1905, Chapter XXXIX. 
 (forms omitted.) 
 
 CONTAGIOUS DISEASES AND INFECTED ARTICLES- 
 
 The penal provisions on this subject are found in section 1078, 
 pp. 307-308, R. M. C. of 1905, Chapter XXXII. 
 (forms omitted.) 
 
 CRUELTY TO ANIMALS. 
 
 The penal provisions on this subject are found in section 1449, 
 pp. 402-403, R. M. C. of 1905, Chapter XXXIX. 
 
 forms. 
 (Section 1449, page 402.) 
 
 (1.) 
 was then and there guilty of cruelty to a certain animal, to-wit, 
 (here give name of animal) by then and there overloading (or 
 "overdri\'ing, " or "overworking," or "cruelly beating," or 
 "torturing," or "tormenting," or "mutilating," or "cruelly 
 killing,") said (here name kind of animal), 
 
 (2.) 
 was then and there guilty of cruelty to a certain animal, to-wit : 
 I (here give name of animal) by causing (or "knowingly allow- 
 ing") said (here give name of animal) to be overloaded (or 
 "overdriven," or "overworked," or "cruelly beaten," or "tor- 
 tured," or "mutilated," or "cruelly killed").
 
 CHICAGO MUNICIPAL CODE. 451 
 
 (3.) 
 was then and there guilty of cruelty to a certain animal (here in- 
 sert name of animal), which was then and there an old (or 
 "maimed," or "infirm," or "sick," or "di-sabled") animal by 
 cruelly working said (here give name of animal) (or "causing 
 said (here give name of animal) to be cruelly worked," or 
 "knowingly allowing said (here give name of animal) to be 
 cruelly worked"), 
 
 (4.) 
 was then and there g'uilty of cruelty to a certain (here give name 
 of animal) which was then and there in the charge (or "custo- 
 dy") of him, the said (here insert name of defendant) as owner 
 (or "bailee") by then and there unnecessarily failing to provide 
 said (here give name of animal) with proper food, drink and 
 shelter, 
 
 (5.) 
 
 was then and there guilty of cruelty to a certain old (or 
 "maimed," or "infirm," or "sick," or "disabled") horse (or 
 whatever the animal was,) by abandoning said (here insert name 
 of animal), 
 
 (6.) 
 
 was then and there guilty of cruelty to a certain animal, to- 
 wit: (here give name of animal) by carrying (or "driving," or 
 "causing to be carried," or "causing to be driven," or "causing 
 to be kept" said (here give name of animal) in an unnecessa- 
 rily cruel manner, 
 
 (7.) 
 
 was then and there guilty of cruelty to a certain animal, to- 
 wit: (here give name of animal) by then and there carrying (or 
 "causing to be carried") said (here give name of animal) bound 
 (or "tied by its legs," or "bound by the neck,") so that it could 
 not then and there stand freely in an upright position while 
 being transported, 
 
 CRUELTY TO CHILDREN. 
 
 The penal provisions on this subject are found in section 1448, 
 p. 402, R. M. C. of 1905, Chapter XXXIX.
 
 452 PRACTICE IN THE MUNICIPAL COURT. 
 
 FORMS. 
 
 (Section 1446, page 402.) 
 
 (1.) 
 then and there had the care (or "custody," or "control") of 
 (here insert name of child) who was then and there a child under 
 the age of 14 years and did then and there cause (or "permit") 
 the said (here insert name of child) to be exhibited (or "used," 
 or "employed") for the vocation (or "occupation," or "serv- 
 ice," or "purpose") of singing (or "playing on musical instru- 
 ments") in a certain saloon (or "on the streets," or "on the 
 alleys") in said city, 
 
 (2.) 
 then and there had the care (or "custody," or "control") of 
 (here insert name of minor) who was then and there a child un- 
 der the age of 14 years and did then and there apprentice (or 
 "let out," or "dispose of") said (here insert name of minor) 
 to a certain person (or "corporation") for the vocation (or "oc- 
 cupation," or "service," or "purpose") of singing (or "playing 
 on musical instruments") in a certain saloon (or "on the 
 streets," or "on the alleys") in said city, 
 
 (3.) 
 then and there had the care (or "custody," or "control") of 
 (here insert name of minor) who was then and there a child un- 
 der the age of 14 years and did then and there cause (or "per- 
 mit") the said (here insert name of minor) to be exhibited (or 
 "used," or "employed") for the vocation (or "occupation," or 
 "service," or "purpose") of rope walking (or "wire walking," 
 or "dancing," or "begging," or "peddling," or "a gymnast," 
 or "a contortionist," or "a rider," or "an acrobat," or "a cer- 
 tain obscene purpose," or "a certain indecent purpose," or "a 
 certain immoral purpose," or "a certain obscene exhibition," or 
 "a certain indecent exhibition," or "a certain immoral exhibi- 
 tion," or "a certain obscene practice," or "a certain indecent 
 practice," or "a certain immoral practice") in said city, 
 
 (4.) 
 then and there had the care (or "custody," or "control") of 
 (here insert name of minor) who was then and there a child un- 
 der the age of 14 years and did then and there apprentice (or
 
 CHICAGO MUNICIPAL CODE. 453 
 
 *'let out," or "dispose of") said (here insert name of minor) to 
 a certain person (or "corporation") for the vocation (or "oc- 
 cupation," or "service," or "purpose") of rope walking (or 
 "wire walking," or "dancing," or "begging," or "peddling," 
 or "a gymnast," or "a contortionist," or "a rider," or "an 
 acrobat," or "a certain obscene purpose," or "a certain in- 
 decent purpose." or "a certain immoral purpose," or "a cer- 
 tain obscene exhibition," or "a certain indecent exhibition," or 
 "a certain immoral exhibition," or "a certain obscene practice," 
 or "a certain indecent practice," or "a certain immoral prac- 
 tice,") in said city, 
 
 (5.) 
 
 then and there had the care (or "custody," or "control") of 
 (here insert name of minor) who was then and there a child un- 
 der the age of 14 years, and did then and there cause (or "per- 
 mit") the said (here insert name of minor) to be exhibited (or 
 "used," or "employed") in and about a certain business (or 
 "exhibition," or "vocation") injurious to the health (or 
 "dangerous to the life and limb") of said (here insert name of 
 minor) , 
 
 (Section 1447, page 402.) 
 
 (1.) 
 did then and there take (or "receive," or "hire," or "employ," 
 or "use," or "exhibit," or "have in custody") one (here insert 
 name of minor) who was then and there under the age of 14 
 years, and was about the age of years, for the pur- 
 pose of employing said (here insert name of minor) in a manner 
 expressly prohibited in a certain provision of section 1446, 
 Chapter 39, of the Revised Municipal Code of Chicago of 1905, 
 which said provision of said section 1446 was then and there in 
 the words and figures following, to-wit: (here insert provision), 
 
 (2.) 
 did then and there have the care (or "custody") of one (here 
 insert name of minor) who was then and there a child under the 
 
 age of 14 years, and was of about the age of years, and 
 
 did then and there wilfully cause (or "permit") said (here in- 
 sert name of minor) to be placed in such situation that its life 
 (or "health") was thereby endangered,
 
 454 PRACTICE IN THE MUNICIPAL COURT. 
 
 (Section 1448, page 402.) 
 
 (1.) 
 was then and there guilty of cruelty to one (here insert name of 
 minor) who was then and there a child under the age of 14 
 
 years, and was then and there about the age of years, 
 
 by cruelly beating (or "torturing," or "ovenvorking," or "mu- 
 tilating," or "causing said child to be beaten," or "causing said 
 child to be tortured," or "causing said child to be overworked," 
 or "causing said child to be mutilated," or "knowingly allow- 
 ing said child to be beaten," or "knowingly allowing said child 
 to be tortured," or "knowingly allowing said child to be over- 
 worked," or "knowingly allowing said child to be mutilated,"), 
 
 (2.) 
 was then and there guilty of cruelty to one (here insert name of 
 minor) who was then and there a child under the age of 14 years, 
 and was then and there about the age of years, by unneces- 
 sarily failing to provide said (here insert name of minor) with 
 proper food (or "drink," or "shelter," or "raiment"), 
 
 (3.) 
 was then and there guilty of cruelty to one (here insert name of 
 minor) who was then and there a child under the age of 14 years, 
 
 and was then and there about the age of years, by 
 
 abandoning said (here insert name of minor), 
 
 (4.) 
 did then and there wilfully (or "unnecessarily") expose one 
 (here insert name of minor) who was then and there a child un- 
 der the age of 14 years, and of about the age of years, 
 
 to the inclemency of the weather then and there being (here 
 describe weather), 
 
 (5.) 
 did then and there wilfully (or "unnecessarih^") injure in 
 health (or "limb") a certain child, to-wit: (here insert name of 
 child) then and there under the age of 14 years, and of about the 
 age of years, 
 
 DAYTON STREET MARKET. 
 
 The penal provisions on this subject are found in section 1405, 
 p. 399, R. M. C. of 1905, Chapter XXXVIII. 
 (forms omitted.)
 
 CHICAGO MUNICIPAL CODE. 455 
 
 DEADLY WEAPONS. 
 
 The penal provisions on this subject are found in sections 
 2460 and 2461, p. 688, R. M. C. of 1905, Chapter LXXII. 
 (forms omitted.) 
 
 DEFACING PUBLIC BUILDINGS, &C. 
 
 The penal provisions on this subject are found in section 1478, 
 p. 410, R. M. C. of 1906, Chapter XXXIX. 
 
 FORMS. 
 
 (Section 1478, page 410.) 
 
 (1.) 
 did then and there cut (or ** injure," or ''mark," or "deface") 
 a public building" (or "station house," or "engine house") 
 known as (here give name or other description of building) then 
 and there belonging to said city, situated (here give location), 
 
 (2.) 
 did then and there cut (or "injure," or "mark," or "deface") 
 a tree (or "grass," or "shrub," or "walk") then and there 
 being in a public square (or "public park") known as (here 
 give name or other description) in said city, 
 
 (3.) 
 did then and there cut (or "injure," or "mark," or "deface") 
 a sewer (or "water pipe," or "hydrant") then and there belong- 
 ing to the said city and situated (here give location), 
 
 DEFACING SIGNS, FENCES, &C. 
 
 The penal provisions on this subject are found in section 1479, 
 p. 410, R. M. C. of 1905, Chapter XXXIX. 
 
 FORMS. 
 
 (Section 1479, page 410.) 
 
 did then and there wantonly mar (or "injure," or "deface," or 
 "destroy") a certain fence (or "guide post," or "sign board," 
 or "awning") then and there being in a certain public street (or 
 "place") known as (here give name or other description) in said 
 city,
 
 456 PRACTICE IN THE MUNICIPAL COURT. 
 
 DETECTIVE AGENCIES. 
 
 The penal provisions on this subject are found in section 753, 
 p. 224, R. M. C. of 1905, Chapter XVII. 
 
 (forms OMITl'ED,) 
 
 DISORDERLY CONDUCT. 
 
 The penal provisions on this subject are found in sections 
 1454 and 1455, pp. 403-405, R. M. C. of 1905, Chapter XXXIX. 
 
 forms. 
 
 (Sections 1454, pp. 403-403-404.) 
 
 (1.) 
 did then and there make (or "aid in making," or "assist in mak- 
 ing,") an improper noise (or "a riot," or "a disturbance," or 
 "a breach of the peace," or "a diversion,") within the city 
 limits of said city, 
 
 (2.) 
 
 did then and there with divers other persons collect in bodies 
 (or "crowds") for an unlawful purpose, to-wit, for the purpose 
 of (here state purpose), 
 
 (3.) 
 
 did then and there with divers other persons collect in bodies (or 
 "crowds") for the purpose of (here state purpose) to the annoy- 
 ance and disturbance of divers other persons, 
 
 (4.) 
 ■was then and there an idle (or "dissolute") person and did go 
 about begging, 
 
 (5) 
 
 did then and there use (or "exercise") juggling (or whatever 
 unlawful game or play was used or exercised), 
 
 (6.) 
 was then and there found in a house of ill fame, (or "a gambling 
 house"), 
 
 (7.) 
 
 did then and there lodge in (or "was found in") an out house 
 (or "a shed," or "a bam," or "a stable," or "an unoccupied 
 building," or "underneath a sidewalk," or "in the open air,")
 
 CHICAGO MUNICIPAL CODE. 457 
 
 and was not then and there able to give a good account of him- 
 self, 
 
 (8.) 
 
 did then and there wilfully assault one (here give name of per- 
 son assaulted) in said city, 
 
 (9.) 
 
 was then and there engaged in (or "did then and there aid and 
 abet,") a fight (or " quarrel, " or whatever the disturbance was,) 
 in said city, 
 
 (10.) 
 
 did then and there stand (or "loiter," or "stroll about,") in a 
 certain place in said city, to-wit, (here specify place) waiting (or 
 "seeking") to obtain money or other valuable thing from others 
 by trick or fraud, (or "waiting and seeking to aid or assist in ob- 
 taining money or other valuable thing from othere by trick or 
 fraud"), 
 
 (11.) 
 did then and there engage in a fraudulent scheme (or "device," 
 or "trick,") to obtain money or other valuable thing in a certain 
 place in said city, to-wit, (here specify place), 
 
 (12.) 
 was then and there a tout (or "roper," or "steerer," or "cap- 
 per,") for a gambling room (or "a gambling house") and did 
 
 then and there ply (or "attempt to ply") his calling on 
 
 street in said city, 
 
 (13.) 
 was then and there found loitering about in a hotel (or "block," 
 or "bar room," or "dramshop," or "disorderly house,") with- 
 out any known lawful means of support and without being able 
 to give a satisfactory account of himself, 
 
 (14.) 
 was then and there found wandering about the streets in said 
 city without any known lawful means of support and without 
 being able to give a satisfactory account of himself, 
 
 (15.) 
 did then and there have (or "carry") a pistol (or "knife," or 
 "dirk,"- or "knuckles," or "slung shot," or whatever other 
 dangerous weapon it was,) concealed on or about his person.
 
 458 PRACTICE IN THE MUNICIPAL COURT. 
 
 (16.) 
 was then and there known to be a thief (or "burglar," or 
 "pickpocket," or "confidence man,") by his own confession, (or 
 "by his having been convicted of larceny," or "by his having 
 been convicted of burglary," or "by his having been convicted of 
 
 the crime of ") and was then and there found 
 
 lounging in (or "prowling around," or "loitering around,") a 
 steamboat landing (or "railroad depot," or "banking institu- 
 tion, " or " place of amusement, " or " auction room, " or " hotel, ' ' 
 or "store," or "shop," or "thoroughfare," or "car," or "omni- 
 bus," or "public conveyance," or "public gathering," or "pub- 
 lic assembly," or "court room," or "public building," or 
 "private dwelling house," or "out-house," or "house of ill 
 fame," or "gambling house," or "tippling shop," or whatever 
 public place it was,) and was then and there unable to give a 
 reasonable excuse for being so found, 
 
 DISTRIBUTION OF HAND-BILLS. 
 
 The penal provisions on this subject are found in section 1488, 
 p. 413, R. M. C. of 1905, Chapter XXXIX. 
 
 FORMS. 
 
 (Section 1488, page 413.) 
 did then and there distribute (or "cast," or "throw," or 
 "place") in, upon and along certain streets, alleys and public 
 places of the said city to-wit: (here name places) certain hand- 
 bills (or "pamphlets," or "circulars," or "books," or "adver- 
 tisements") for the purpose and with the intent of advertising 
 and making knoAvn in a general promiscuous manner a certain 
 business (or "occupation," or "profession," &c.) to-wit: (here 
 insert whatever the business or occupation or profession was), 
 
 DISTRIBUTING MEDICINE. 
 
 The penal provisions on this subject are found in section 1472, 
 pp. 408-409. R. M. C. of 1905, Chapter XXXIX. 
 (forms omitted.) 
 
 DISTURBING ASSEIMBLIES MET FOR WORSHIP. 
 
 The penal provisions on this subject are found in section 1484, 
 pp. 411-412, R. M. C. of 1905, Chapter XXXIX.
 
 CHICAGO MUNICIPAL CODE. 459 
 
 FORMS. 
 
 (Section 1484, pages 411-412.) 
 did then and there disquiet (or "disturb") a certain congrega- 
 tion (or "assembly") met for religious worship, known as (here 
 give name of congregation or assembly) by making a noise (or 
 "by rude and indecent behavior," or "by profane discourse") 
 within their place of worship (or "so near their place of wor- 
 ship as to disturb the order and solemnity of the meeting"), 
 
 DOGS. 
 
 The penal provisions on this subject are found in section 757, 
 p. 225, section 758, p. 226, and section 764, p. 228, R. M. C. of 
 1905, Chapter XVIII. 
 
 FORMS. 
 
 (Section 757, page 225.) 
 did cause and permit a dog owned or kept by him the said (here 
 insert name of defendant) to run at large in Madison street, (or 
 whatever the name of the street is) in said city, said dog being 
 then and there not in leash or led by a chain, and not being so 
 securely muzzled as to effectually prevent the said dog from bit- 
 ing persons or animals, 
 
 (Section 758, page 756.) 
 did permit a dog owned and kept by him to be kept within the 
 city without the said dog being provided with a collar and tag, 
 as provided by sections 755 and 756 of the Revised Municipal 
 Code of Chicago of 1905, 
 
 DRAINS AND SEWERS. 
 
 The penal provisions on this subject are found in sections 773 
 to 778, pp. 231-2, R. M. C. of 1905, Chapter XIX. 
 
 FORMS. 
 
 (Section 773, page 231.) 
 
 (1.) 
 make (or "cause to be made") at (here insert name of place) in 
 said city, a certain connection with (or "opening into") a sewer 
 (or "drain") which said connection (or "opening") wa-s for 
 the conveyance or discharge into such sewer (or "drain") of
 
 4G0 PRACTICE IN THE MUNICIPAL COURT. 
 
 steam from a certain boiler and engine, located at (here insert 
 place) in said city, 
 
 (2.) 
 
 did use (or "cause to be used") at (here insert place) in said 
 city, a certain connection with (or "opening into") a sewer (or 
 "drain") for the conveyance and discharge into said sewer (or 
 "drain") of steam from a certain boiler and engine located at 
 (here insert place) in said city, 
 
 (Section 774, page 231.) 
 place, throw and deposit butchers' offal (or "garbage," or "dead 
 animals" or whatever else was deposited) in a certain receiving 
 basin at (here insert place) in said city, 
 
 (Section 775, page 231.) 
 uncover (or "excavate under," or "excavate around") a public 
 sewer located at (here insei-t place) in said city, without the writ- 
 ten consent of the Commissioner of Public Works, 
 
 (Section 776, page 231.) 
 disturb a house drain (or "drains," "catch basin," or "strain- 
 er of a drain," "cess pool," or "water closet,") connecting with 
 a certain public sewer belonging to the city of Chicago aforesaid, 
 which said connection was at (here insert place) in said city, 
 without being duly licensed so to do by the Commissioner of 
 Public Works, 
 
 DRINKING WATER. 
 
 The penal provisions on this subject are found in section 1280, 
 p. 363, R. M. C. of 1905, Chapter XXXII. 
 (forms omitted.) 
 
 DRUGGISTS. 
 
 The penal provisions on this subject are found in sections 779 
 and 782, p. 233, and section 789, p. 235, R. M. C. of 1905, Chap- 
 ter XX. 
 
 FORMS. 
 
 (Section 779, page 233.) 
 
 he being then and there engaged in the business of selling dnigs 
 and keeping what is commonly known as a drug store, did give 
 away to one (here, insert name of person to whom given) cer- 
 
 I
 
 CHICAGO MUNICIPAL CODE. 461 
 
 tain fermented liquor commonly called beer, without a license 
 for that purpose, 
 
 (Section 781, page 233.) 
 
 being then and there engaged in the business of selling drugs 
 and keeping what is commonly known as a drug store, and hold- 
 ing from the city of Chicago a license for the sale of vinous, 
 spirituous, ardent, intoxicating and fermented liquors for medici- 
 nal, mechanical, sacramental and chemical purposes only, not to 
 be drunk upon the premises or in such drug store, did sell in- 
 toxicating liquor commonly called whisky to one (here insert 
 name of purchaser) and did fail to record the date of such sale 
 and the name of the person to whom delivered, 
 
 (Section 783, page 234.). 
 
 (1.) 
 being then and there a druggist did sell, (or "barter," or "dis- 
 pose of," or "exchange," or "give,") to (here insert name) at 
 (here insert place) carbolic acid without a written prescription 
 or order from a duly licensed physician, 
 
 (2.) 
 being then and there a druggist, did sell, (or "barter," or 
 "give," or "dispose of,") to (here insert name), a certain com- 
 pound, (or "certain preparation") to-wit: (here give name of 
 compound or preparation) containing as an element or ingredi- 
 ent more than five per cent carbolic acid, without a prescription 
 or order of a duly licensed physician, 
 
 (3.) 
 being then and there a druggist, did sell, (or "barter," or 
 "give," or "dispose of"), to (here insert name) carbolic acid 
 upon the prescription or order of a duly licensed physician, said 
 sale (or "barter," or "gift," or "disposition") being made on 
 a date subsequent to the date on such prescription or order, 
 
 (4.) 
 being then and there a druggist, did sell, (or "barter," or 
 "give," or "dispose of,") to (here insert name), a compound, 
 to-wit: (here give name of compound) containing, as an element 
 or ingredient, more than five per cent carbolic acid, upon an 
 order or prescription from a duly licensed physician, which said
 
 462 PRACTICE IN THE MUNICIPAL COURT. 
 
 sale (or "barter," or "gift," or "disposition,") of said com- 
 pound was made on a date subsequent to the date of said physi- 
 cian's order or prescription, 
 
 (Section 786, page 234.) 
 present a false, forged, untrue, and fictitious prescription or 
 order to one (here insert name) for carbolic acid, (or "a certain 
 compound, to-wit: [here give name of compound] of which 
 carbolic acid was an ingredient,") 
 
 DUST— FEATHERS— NOXIOUS MATTERS. 
 
 The penal provisions on this subject are found in section 1299, 
 p. 367, R. M. C. of 1905, Chapter XXXII: 
 (forms omitted.) 
 
 ELECTRICITY. 
 
 The penal provisions on this subject are found in section 815, 
 p. 242, and sections 820 to 823, p. 243, R. M. C. of 1905, Chapter 
 XXII. 
 
 FORMS. 
 
 (Section 819, page 243.) 
 did deface and injure a post office box attached to a lamp past 
 erected by and belonging to said city of Chicago at (here insert 
 place) in said city, 
 
 (Section 820, page 243.) 
 did extinguish (or "cause to be extinguished") a public lamp at 
 (here insert place) in said city without being duly authorized so 
 to do by the proper authority, 
 
 did light (or "cause to be lighted") a certain public lamp at 
 (here insert place) in said city, without being authorized so to 
 do by the proper authority, 
 
 (Section 821, page 243.) 
 did break (or "mutilate," or "obstruct") a sign attached to a 
 public lamp at (here insert place) in said city, 
 
 (Section 822, page 243.) 
 
 did, without permission of the city electrician, take up (or "re- 
 move," or "carry away") from (here insert place) in said city, 
 a certain public lamp post,
 
 CHICAGO MUNICIPAL CODE. 463 
 
 (Section 823, page 243.) 
 
 (1.) 
 did carelessly and mrJiciously break, (or "deface," or ''de- 
 stroy,") a public lamp at (here insert place) in said city, 
 
 (2.) 
 did carelessly and maliciously break, (or "deface," or "de- 
 stro}^,") a public lamp post at (here insert place) in said city, 
 
 (3.) 
 did climb upon a certain post at (here insert place) in said city, 
 
 (4.) 
 did hitch a horse (or other animal naming it) to a public lamp 
 post at (here insert place) in said city, 
 
 (5.) 
 did hang (or "place") certain merchandise (or "material") 
 
 knoAvn as (here specify the merchandise 
 
 or material) upon (or "against") a certain public lamp post at 
 (here insert place) in said city, 
 
 ELECTEIC WIRES OF RAILWAYS. 
 
 The penal provisions on this subject are found in sections 
 2000 and 2001, p. 531, R. M. C. of 1905, Chapter LIII. 
 
 (forms omitted.) 
 
 ELECTROLYSIS. 
 
 The penal provisions on this subject are found in sections 
 2002 and 2003, pp. 531 and 532, R. M. C. of 1905, Chapter LIII. 
 (forms omitted.) 
 
 ELEVATED RAILROADS. 
 
 The penal provisions on this subject are found in sections 
 2004-2011, pp. 532-533, R. M. C. of 1905, Chapter LIIL 
 (forms omitted.) 
 
 EXCAVATIONS. 
 
 The penal provisions on this subject are found in sections 
 1890 and 1891, p. 499, R. M. C. of 1905, Chapter LII. 
 (forms omitted.)
 
 464 PRACTICE IN THE MUNICIPAL COURT. 
 
 EXHIBITING WILD ANIMALS. 
 
 The penal provisions on this subject are found in section 
 1490, p. 413, R. M. C. of 1905, Chapter XXXIX. 
 (forms omitted.) 
 
 EXPLOSIVES. 
 
 The ordinance on this subject is an amendment of section 8896 
 of Chapter XXIV of the Revised Municipal Code of Chicago of 
 1905, and was passed on April 30, 1906, and is found in the 
 printed council proceedin,£,^s of that date on pp. 184-185. Its 
 penal provisions are contained in section 889 & on pp. 184-185. 
 (forms omitted.) 
 
 EXPOSING DEFORMED OR MUTILATED LIMBS. 
 
 The penal provisions on this subject are found in section 
 1498, p. 413, R. M. C. of 1905, Chapter XXXIX. 
 (forms omitted.) 
 
 FIRE ARMS, FIREWORKS AND CANT^ON. 
 
 The penal provisions on this subject are found in sections 
 882, 889, pp. 253 to 254, R. M. C. of 1905, Chapter XXIV. 
 
 forms. 
 (Section 882, pa^e 253.) 
 did fire and discharge at (here insert place) in said city a certain 
 gun (or "pistol," or whatever fire arm was used), 
 
 (Section 883, pa^e 253.) 
 did wrongfully sell, (or "loan," or "furnish,") to (here insert 
 name) he the said (name of pereon) being then a minor under 
 the age of twenty-one years, a certain gun (or "pistol," or "toy- 
 gun," or "toy-pistol,") in which an explosive substance could 
 be used, 
 
 (Section 884, page 253.) 
 
 did wrongfully fire, (or "set off," or "discharge,") a cracker 
 (or "torpedo," or "squib,") containing a substance of an explo- 
 sive nature, 
 
 (Section 885, page 253.) 
 
 did discharge (or "fire," or "set off,") certain fireworks (or
 
 CHICAGO MUNICIPAL CODE. 465 
 
 ^'explosives") within two blocks of the (here insert name of hos- 
 pital) the same being then and there a hospital located at (here 
 insert place) in said city, 
 
 (Section 886, page 253.) 
 
 did sell (or "offer for sale") fireworks containing dynamite (or 
 other explosives more powerful than ordinary black gunpowder 
 specifying the names of the explosives), 
 
 (Section 887, page 253.) 
 
 did store at (here insert place) in said city, squibs, rockets, crack- 
 ers and other fireworks containing powder (or explosive and 
 combustible materials, specifying the names of the material) the 
 same not being stored within a fire proof vault constructed and 
 located to the satisfaction and with the approval of the fire mar- 
 shal of said city, 
 
 (Section 888, page 254.) 
 
 did, without the permission of the city council, discharge and 
 fire off a cannon (or other piece of artillery specifying it) in 
 (here insert name or description of street, alley, or park, or other 
 place) the same being a (here specify what place is) in said 
 city, 
 
 (Section 889, page 254.) 
 
 ■did place upon the track of (here name street or steam railway) 
 the same being a street (or "steam") railway in said city, a 
 torpedo (or "bomb," or whatever other thing was used) contain- 
 ing a substance of an explosive nature to-wit : (here specify sub- 
 stance), 
 
 FIREWORKS. 
 
 The ordinance on this subject is an amendment of sections 884, 
 885 and 887 of Chapter XXIV of the Revised Municipal Code of 
 Chicago of 1905, and was passed March 5, 1906, and is found in 
 the printed council proceedings of that date on pp. 2848-2850. 
 Its penal provisions are contained in sections 884, 885, 887 and 
 889a on p. 2849, and section 889& on pp. 2849-2850. 
 
 (forms omitted.)
 
 466 PRACTICE IN THE MUNICIPAL COURT. 
 
 FIRE DEPARTMENT. 
 
 The penal provisions on this subject are found in section 
 884, p. 246, sections 860 to 867, pp. 249 to 252, and sections 869 
 to 881, pp. 250 to 252, R. M. C. of 1905, Chapter XXIII. 
 
 FORMS. 
 
 (Section 860, page 249.) 
 
 (1.) 
 did obstruct the use of a fire hydrant at (here insert place) in 
 said city, 
 
 (2.) 
 did place within five feet of a fire hydrant at (here insert place) 
 in said city, certain (here specify material) which said material 
 formed then and there an obstruction to said hj^drant, 
 
 (Section 861, page 249.) 
 did enter (or "assemble") ^^^th other persons in an engine house 
 at (here insert place) in said city and belonging to said city, 
 without the permission of the officer in charge of such engine 
 house, 
 
 (Section 862, page 249.) 
 did personate a fireman (or "officer of the fire department") of 
 said city, at (here insert place) in said city, 
 
 (Section 863, page 249.) 
 did, he the said (here insert name of defendant) being then and 
 there present at a fire at (here insert place) in said city, refuse 
 to obey the lawful orders of the fire marshal (or "the assistant 
 fire marshal"), 
 
 (Section 865, page 250.) 
 
 (1.) 
 did wilfully offer hindrance to one (here insert name of officer or 
 fireman) he the said (here insert name) being then and there a 
 police ofiicer (or "fireman") in the performance of his duty at a 
 fire at (here insert place) in said city, 
 
 (2.) 
 did wilfully injure (or "destroy," or "deface") a fire engine 
 (or "a certain fire apparatus") belonging to said city.
 
 CHICAGO MUNICIPAL CODE. 467 
 
 (Section S6G, page 250.) 
 did drive a wagon (or "street railroad ear," or whatever the 
 vehicle was,) over a certain unprotected hose of the fire depart- 
 ment of said city, which was then and there laid down in State 
 street in said city, to be used at a fire (or "an alarm of fire,") 
 without the consent of the fire marshal or assistant in command, 
 
 FISH. 
 
 The penal provisions on this subject are found in sections 
 894, 897 and 898, pp. 255 to 266, R. M. C. of 1905, Chapter XXV. 
 
 FORMS. 
 
 (Section 897, page 256.) 
 did, at (here insert place) in said city the same being a place 
 where fish were sold, kept and offered for sale, sell and offer for 
 sale certain (here insert kind of fish) which said fish was then 
 and there tainted, diseased, unwholesome and unfit for human 
 food, 
 
 FLYING KITES IN STREETS 
 
 The penal provisions on this subject are found in section 1499, 
 p. 415, R. M. C. of 1905, Chapter XXXIX. 
 
 (forms OMITTED.) 
 
 FOREIGN FIRE INSURANCE COMPANIES. 
 
 The penal provisions on this subject are found in section 
 904, p. 258, R. M. C. of 1905, Chapter XXVI. 
 (forms omitted.) 
 
 FOUNDRY— JMANUFACTORY. 
 
 The penal provisions on this subject are found in section 
 1295, p. 366, R. M. C. of 1905, Chapter XXXII. 
 (forms omitted.) 
 
 FRAUDULENT PRESCRIPTIONS. 
 
 The penal provisions on this subject are found in section 
 1468, pp. 407-408, R. M. C. of 1905, Chapter XXXIX. 
 (forms omitted.)
 
 468 PRACTICE IN THE MUNICIP.VL COURT. 
 
 FRUITS, BERRIES AND VEGETABLES. 
 
 The penal provisions on tliis subject are found ii.. .section 
 1172, p. 335, R. M. C. of 1905, Chapter XXXII. 
 (forms omitted.) 
 
 (Section 1172, page S35.) 
 
 did then and there sell (or "offer for sale," or "have in its pos- 
 session for the purpose of selling, " or " have in its possession for 
 the purpose of offering for sale"), a certain basket (or "box," 
 or "barrel," or "bag," or "package") of fruit (or "berries," 
 or "vegetables"), the contents of which were not then and 
 there of imiform quality and size throughout, 
 
 FRUIT STORES AND ICE CREAM PARLORS^LICENS- 
 
 ING OF. 
 
 The ordinance on this subject was passed May 28| 1906, and is 
 found in the printed council proceedings of that date on p. 622. 
 Its penal provisions are contained in section 4 on p. 622. 
 (forms omitted.) 
 
 GAMES OR PERFORMANCES IN STREETS OR IN PREM- 
 ISES ABUTTING ON STREETS. 
 
 The penal provisions on this subject are found in section 
 1496, pp. 414-415, R. M. C. of 1905, Chapter XXXIX. 
 (forms omitted.) 
 
 GAMING. 
 
 The penal provisions on this subject are found in sections 
 905 to 920, pp. 259-264, R. M. C. of 1905, Chapter XXVII. 
 
 FORMS. 
 
 (Section 905, page 259.) 
 
 (1.) 
 did own, keep, maintain, manage and conduct a certain room (or 
 "house") at (here insert place) for the purpose of permitting 
 persons to gamble for valuable things,
 
 CHICAGO MUNICIPAL CODE. 469 
 
 (2.) 
 was interested in owning, keeping, managing and maintaining a 
 certain room (or "house") in the premises at (here insert 
 place), for the purpose of permitting persons to gamble for val- 
 uable things, 
 
 (3.) 
 did own, keep, maintain, manage and conduct a certain boat (or 
 "vessel") at and upon (here insert place) for the purpose of 
 permitting persons to gamble for money or other valuable things, 
 
 (4.) 
 was interested in owning, (or "keeping," or "maintaining,", or 
 "managing") a certain boat (or "vessel") at and upon (here 
 insert place) for the purpose of permitting persons to gamble 
 for money and other valuable things, 
 
 (Section 906, page 259.) • 
 
 (1.) 
 did deal (or "play," or "engage in,") faro, (or "roulette") 
 for money and other valuable things at (here insert place) in 
 said city, 
 
 (2.) 
 did engage in a certain game of chance, (or "hazard," or 
 "skill,") known as (here insert name of game) for the purpose 
 of gaming (or "gambling for money"), 
 
 (3.) 
 did expose at (here insert place) the same being a public place 
 in said city, a certain (here insert device), the same being then 
 and there intended, calculated and designed to be used for gam- 
 ing and gambling, (or "for playing the game of , 
 
 the same being a game of chance for money"), 
 
 (Section 910, page 260.) 
 
 (1.) 
 did patronize (or "visit." or "frequent") the structure (or 
 "place," or "premises") at (here insert place) in said city, 
 which said structure, (or "place," or "premises") were then 
 and there kept for the purpose .of permitting persons to gamble 
 or game for money and other valuable things,
 
 470 rUACTICE IN THE AIUXICIPAl, COURT. 
 
 (2.) 
 was couuected with the manairomeut (or "operation") of the 
 structure, (or "place," or ''premises") at (here iusert place), 
 which said structure, (or "place," or "premises") were then 
 and there kept for the purpose of permitting: pei-sons to fram- 
 ble for money and other valuable thinfrs. 
 
 (Section DID, page 2G0.j 
 did act as door keeper, (or "solicitor," or "money agent," or 
 "abettor," or "pimp,") of the premises at (here insert place), 
 the said premises being then and there kept for the purpose of 
 jtermitting persons to gamble for money and otlier valuabli' 
 things, 
 
 (Section 912. page 260.) 
 did keep, own, operate and use in a certain room (or ■"saloon." 
 or "tavern," &c.,) at (here insert place), a certain clock, (or 
 "joker," or "tape," or "slot machine," or such other device as 
 wa« used), upon (or "in," or "by," or "through,") which 
 money was staked and hazarded, (or "upon the result of the 
 action of which money and other valuable things were staki>d, 
 bet. hazarded, won and lost."* 
 
 (Section 916, page 263.) 
 did bet (or "wager," or "speculate," or "sell pools," or "make 
 books, ""I upon the result of a certain horse race (or "horse 
 races,") 
 
 GARBAGE. ASHES AND REFUSE. 
 The penal provisions on this subject are found in sections ^ 
 1098-1100, pp. 313-314, section 1914, pp. 508-509, and section 
 915. p. 512. R. M. C. of 1905. Chapter XXXII. 
 
 FORMS. 
 
 (Section 1098. page 313.) 
 did then and there use (or "occupy.") a certain place (or 
 "places") to-wit: , for the receipt (or "load- 
 ing," or "dumping") of manure (or "offal." or "garbage") 
 which was then and there an offensive (or "a nauseous") sub- 
 stance for immediate transportation, without first having ob- 
 tained a written permit for sud^jpurpose from the commissioner 
 of health.
 
 CHICAGO MUNICIPAL CODE. 471 
 
 (Section 1099, page 313.) 
 
 did then and there own (or "control") a certain hotel (or ^'res- 
 taurant," or "cafe," or "oyster house," or "saloon," or " 
 
 ") where more than twenty guests (or "boarders") 
 
 were then and there fed daily, and did then and there neglect 
 to cause all offal, table refuse, shell, and animal and vegetable 
 matter commonly known and described as garbage, to be placed 
 in proper metallic cans practically air and water-tight and to 
 cause such substances so deposited to be removed and disposed of 
 in the manner prescribed by section 1099 of the Revised Munic- 
 ipal Code of Chicago of 1905, 
 
 GAS. 
 
 The penal provisions on this subject are found in section 
 936, p. 268, section 940, p. 269, section 943, p. 270, and section 
 948. p. 271, R. M. C. of 1905, Chapter XXVIII. 
 
 FORMS. 
 
 (Section 936, page 268.) 
 
 (1.) 
 did alter (or "change") a gas meter (or "a register on a gas 
 meter") at (here insert place), with the intent to defraud (here 
 insert name of person or corporation intended to be defrauded ) , 
 
 (2.) 
 being then and there a corporation engaged in the business of 
 furnishing and supplying gas in said city to consumers, did 
 require (here insert name), he being then and there a consumer 
 
 of gas in said city, to pay for gas a sum exceeding 
 
 per one thousand cubic feet, 
 
 GAS— PRICE OF. 
 
 The ordinance on this subject was passed Feb. 14, 1906, and is 
 found in the printed council proceedings of that date on pp. 
 2639-2643. Its penal provisions are contained in section 3 on 
 pp. 2639-2640. 
 
 (forms omitted.)
 
 472 PRACTICE IN THE MUNICIPAL COURT. 
 
 GAS MANUFACTORY. 
 
 The penal provisions on this subject arc found in section 
 1298, p. 366, R. M. C. of 1905, Chapter XXXII. 
 (formh omitted.) 
 
 GRADES. 
 The penal provisions on this subject are found in section 
 953, p. 272, R. M. C. of 1905, Chapter XXIX. 
 
 FORMS. 
 
 (Section 953, page 272.) 
 did cover up, (or "conceal," or "deface," or "obliterate," or 
 "disfigure," or "change") the location of a certain concrete 
 standard bench monument in said city, located at (here insert 
 place), 
 
 GUNPOWDER, DYNAMITE AND HIGH EXPLOSIVES. 
 
 The penal provisions on this subject are found in section 
 968, p. 278, R. M. C. of 1905, Chapter XXX. 
 
 (Section 956, page 274.) 
 did keep, (or "sell," or "offer for sale," or "give away") at 
 (here insert place) certain gunpowder, (or " g-uncottou, " or 
 "dynamite," or "nitroglycerine," or "fulminate of mercury,") 
 without a license issued for that purpose, 
 
 (Section 961, page 275.) 
 did keep at (here insert place) (or "within one mile of the 
 limits of said city,") gunpowder, (or "guncotton," or "giant 
 powder, " or " dynamite, " or " nitroglycerine, " or " fulminate of 
 mercury,") in quantity, in the aggregate exceeding fifty pounds, 
 
 HARBOR, HARBORMASTER, BRIDGES, WHARVES AND 
 
 VESSELS. 
 
 The ordinance provisions on this subject are found in Chapter 
 XXXI, R. M. C. of 1905, pp. 279-295. The penal provisions are 
 found under various heads as follows: 
 
 Harbor and Harbormaster. Section 977, p. 281.
 
 CHICAGO MUNICIPAL CODE. 473 
 
 Bridges. Sections 982-991, pp. 282-284. 
 
 Vessels. Sections 994-996, p. 285. 
 
 Whaeves. Sections 997-999, pp. 285-287. 
 
 Sanitary Regulations op Harbor. Sections 1002-1006, pp. 
 288-289. 
 
 Miscellaneous Provisions. Sections 1007-1008, pp. 289-290, 
 ajid Sections 1011-1014, pp. 290-291. 
 
 Rules of Navigation. Sections 1016-1020, pp. 293-294. 
 
 (forms omitted.) 
 
 HEALTH DEPARTMENT. 
 
 (Included under the general head of "Department of Health" 
 are the following subjects: "Ambulances and Physicians," 
 "Burial of the Dead," "Building Regulations," "Contagious 
 Diseases and Infected Articles," "Cigarettes," "Cigar Refuse," 
 "Garbage, Ashes and Refuse," "Hospitals," "Horse Flesh," 
 "Milk and Food," "Ice," "Meat," "Unwholesome and Adul- 
 terated Food, Drugs, Water, t&c," "Fruits, Berries and Vegeta- 
 bles," "Night Scavengers," "Private Scavengers," "Nui- 
 sances, " " Slaughtering and Rendering, " " Undertakers, " " Vac- 
 cination, " "Work Shops," and "Cabbage Plant." The penal 
 provisions pertaining to these various subjects are given under 
 their several heads.) 
 
 The penal provisions pertaining to the Health Department are 
 found in sections 133, 135 and 136, pp. 297-298, R. M. C. of 
 1905, Chapter XXXII. 
 
 (forms omitted.) 
 
 HEALTH PROVISIONS GENERALLY— VIOLATION OF. 
 
 The penal provisions on this subject are found in section 
 1303, p. 368, R. M. C. of 1905, Chapter XXXII. 
 
 (forms omitted.) 
 
 HORSE FLESH. 
 
 The penal provisions on this subject are found in section 
 1117, p. 318, R. M. C. of 1905, Chapter XXXII. 
 
 (forms omitted.)
 
 474 PRACTICE IN THE MUNICIPAL COURT. 
 
 HOSPITALS. 
 
 The penal provisions on this subject are found in section 
 
 1108, p. 317, R. M. C. of 1905, Chapter XXXII, as amended by 
 
 an ordinance passed February 26, 1906, and published on pajrc^ 
 
 2769-2772 of the Council Proceedings of that date. 
 
 (forms omitted.) 
 
 HOUSES OF ILL FAME OR ASSIGNATION. 
 
 The penal provisions on this subject are found in sections 
 1436-1458, p. 405, R. M. C. of 1905. Chapter XXXIX. 
 
 FORMS. 
 
 (Section 1456, page 405.) 
 did then and there keep (or "maintain") a house of ill fame 
 (or "assignation," or "place for the practice of fornication," or 
 "place for the practice of lewdness." or "place for the practice 
 of prostitution") J 
 
 (Section 1457, page 405.) 
 then and there did patronize (or "did frequent," or "was found 
 in," or "was an inmate of,") a certain house of ill fame (oi- 
 "house of assignation," or "place for the practice of prostitu- 
 tion," or "place for the practice of lewdness,") then and there 
 located at number street in the said city, 
 
 HOUSE OF CORRECTION. 
 
 The penal provisions on this subject are found in sections 
 1311 and 1312, p. 371. R. M. C. of 1905. Chapter XXXIII. 
 
 FORMS. 
 
 (Section 1311, page 370.) 
 
 (1.) 
 was then and there a person committed to the House of Correc- 
 tion of the city of Chicago, and was then and there lawfully 
 commanded bj^ one (here insert), who was then and there the 
 superintendent of said House of Correction to (insert command 
 of superintendent), and did then and there refuse to obey the 
 said supenntendent in his said lawful command.
 
 CHICAGO MUNICIPAL CODE. 475 
 
 (2.) 
 was then and there committed to the House of Correction of the 
 City of Chicago, and did then and there molest (or "hinder") 
 one (here insert name) who was then and there superintendent 
 of said House of Con-eetion in the discharge of his duty, 
 
 (3.) 
 was then and there committed to the House of Correction of the 
 city of Chicago, and did then and there escape (or "attempt to 
 
 escape, " or " assist one to escape, ' ' or 
 
 "assist one to attempt to escape") 
 
 from said House of Correction, 
 
 (4.) 
 was then and there committed to the House of Correction of the 
 city of Chicago, and did then and there destroy' (or "injure") 
 certain property appertaining to said House of Correction, to- 
 wit: (here describe property), 
 
 (5.) 
 was then and there committed to the House of Correction of the 
 city of Chicago and did then and there transgress (or "violate") 
 a certain rule of discipline of said House of Correction, to-wit : 
 (here insert rule), 
 
 (Section 1312, page 370.) 
 did then and there molest (or "interfere with") one (here insert 
 name) who was then and there the superintendent of the House 
 
 of Correction of the City of Chicago (or "one 
 
 who was then and there a person in the custody of one 
 
 , who was then and there the superintendent of the 
 
 House of Correction of the city of Chicago"), 
 
 HOUSE MOVERS. 
 The penal provisions on this subject are found in sections 
 1904 and 1905, pp. 503-504, R. M. C. of 1905, Chapter LIT. 
 (forms omitted.) 
 
 HUMAN BODY. 
 
 The penal provisions on this subject are found in section 
 1058, p. 303, R. M. C. of 1905, Chapter XXXII. 
 (forms omitted.)
 
 476 PRACTICE IN THE MUNICIPAL COURT. 
 
 ICE. 
 
 The penal provisions on this subject are found in section 
 1148, pp. 329-330, and sections 1151-1152, p. 331, R. M. C. of 
 1905, Chapter XXXII. 
 
 (forms omitted.) 
 
 ILL GOVERNED OR DISORDERLY HOUSES. 
 
 The penal provisions on this subject are found in section 
 1460, p. 405, R. M. C. of 1905, Chapter XXXIX. 
 
 forms. 
 (Section 1460, page 405.) 
 
 (1.) 
 was then and there the keeper of a certain common (or "ill gov- 
 erned," or "disorderly,") house (or "room," or whatever the 
 place was) then and there kept for the encouragement of idle- 
 ness (or "gaming," or "drinking," or "fornication," or what- 
 ever it was) which said house (or "room," or whatever it was) 
 
 was then and there located at nimiber 
 
 street in said city, 
 
 (2.) 
 w^as then and there a person connected with the maintenance of 
 a certain common (or "ill-governed," or "disorderly") house 
 (or "room," or whatever the place was) then and there kept for 
 the encouragement of idleness (or "gaming," or "drinking," or 
 "fornication," or whatever it was kept for) which said house 
 (or "room," or whatever the place was) was then and there 
 located at number street in said city, 
 
 (3.) 
 was then and there a person patronizing a certain common (or 
 "ill-governed," or "disorderly") house (or "room," or what- 
 ever the place was) then and there kept for the encouragement 
 of idleness (or "gaming," or "drinking," or "fornication," or 
 whatever it was kept for) which said house (or "room.," or what- 
 ever the place was) was then and there located at number 
 
 street in said city, 
 
 (4.) 
 was then and there a person frequenting a certain common (or 
 "ill-governed," or "disorderly") house (or "room," or what-
 
 CHICAGO MUNICIPAL CODE. 477 
 
 ever the place was) then and there kept for the encouragement 
 of idleness (or "gaming," or "drinking," or "fornication," or 
 whatever it was kept for) which said house (or "room," or what- 
 ever the place was) was then and there located at number 
 
 street in said city, 
 
 IMMATURE CALF, PIG OR LAMB. 
 
 The penal provisions on this subject are found in section 
 1169, p. 334, R. M. C. of 1905, Chapter XXXII. 
 
 FORMS. 
 
 (Section 1169, page 334.) 
 
 (1.) 
 did then and there bring (or "sell," or "offer for sale"), for 
 human food a certain calf (or "part of the meat of a certain 
 calf"), which at the time it was killed was less than four weeks 
 old, 
 
 (2.) 
 did then and there bring (or "sell," or "offer for sale"), in the 
 city of Chicago for human food a certain pig (or "part of the 
 moat of a certain pig"), which pig at the time it was killed was 
 less than five weeks old, 
 
 (3.) 
 did then and there bring (or "sell," or "offer for sale") in the 
 city of Chicago for human food a certain lamb (or "part of the 
 meat of a certain lamb"), which at the time it was killed was 
 less than eight weeks old, 
 
 IMPURE LITERATURE RELATING TO DISEASES. 
 
 The penal provisions on this subject are found in sections 
 1461 and 1462, pp. 405-406, R. M. C. of 1905, Chapter XXXIX. 
 
 FORMS. 
 
 (Sections 1461 and 1462, pages 405 and 406.) 
 did then and there sell (or "offer to sell," or "give away," or 
 ' ' distribute, " or " have in his possession with intent to give away, 
 
 sell or distribute ' ' ) upon street in said 
 
 city, a book (or "pamphlet," or "circular," or "handbill," or 
 ^'advertisement," or "notice") of the character described in
 
 478 PRACTICE IN THE MUNICIPAL COURT. 
 
 section 1461 (or "section 1462," as the case may be; of the Re- 
 vised Municipal Code of Chicago of 1905, 
 
 INCLOSING WALLS OR FENCES OF RAILWAYS. 
 
 The penal provisions on this subject are found in section 
 1996, p. 530, R. M. C. of 1905, Chapter LIII. 
 (forms omitted.) 
 
 INDECENT EXHIBITIONS OF ANIMALS. 
 
 The penal provisions on this subject are found in section 
 1467, p. 407, R. M. C. of 1905, Chapter XXXIX. 
 
 FORMS. 
 
 (Section 1467, page 407.) 
 
 did then and there indecently exhibit a certain stud (or "horse," 
 or "bull"), 
 
 (2.) 
 did then and there let a certain stud horse to a certain mare 
 within the city in a place not enclosed and not out of public 
 view, to-wit, at (here describe place), 
 
 (3.) 
 did then and there let a certain bull to a certain cow within the 
 city of Chicago at a place not enclosed and not out of public 
 view, to-wit, at (here describe place), 
 
 INDECENT EXPOSURE. 
 
 The penal provisions on this subject are found in section 
 1465, p. 407, R. M. C. of 1905, Chapter XXXIX. 
 
 FORMS. 
 
 (Section 1465, page 407.) 
 
 (1.) 
 
 did then and there appear in which was then and 
 
 there a public place in the city of Chicago, in a state of nudity 
 (or "in a dress not belonging to his sex," or "in a. dress not be- 
 longing to her sex," or "in an indecent dress," or "in a lewd 
 dress"),
 
 CHICAGO MUNICIPAL CODE. 479 
 
 (2.) 
 did then and there make an indecent exposure of his (or "her") 
 person, 
 
 (3.) 
 was then and there guilty of a certain lewd (or "indecent" act 
 or "behavior"), 
 
 INDECENT, LEWD AND FILTHY ACTS. 
 
 The penal provisions on this subject are found in section 
 1466, p. 407, R. M. C. of 1905, Chapter XXXIX. 
 
 FORMS. 
 
 (Section 1466, page 407.) 
 
 (1.) 
 did then and there commit a certain indecent (or "lewd" or 
 
 "filthy") act in which was then and there 
 
 located at in the city of Chicago, 
 
 (2.) 
 did then and there utter certain lewd (or "filthy") words in 
 the hearing of other persons publicly, 
 
 INDECENT LITERATURE AND IMMORAL EXHIBI- 
 TIONS. 
 The penal provisions on this subject are found in section 
 1464, pp. 406-407, R. M. C. of 1905, Chapter XXXIX. 
 
 FORMS. 
 
 (Section 1464, page 406.) 
 
 (1.) 
 did then and there exhibit (or "sell," or "offer to sell," or "cir- 
 culate," or "distribute,") a certain indecent book (or "lewd 
 book," or "indecent picture," or "lewd picture," or whatever 
 else it was) which was then and there of an immoral nature, (or 
 "of a scandalous nature"), 
 
 (2.) 
 did then and there exhibit (or "perform") a certain indecent 
 (or "immoral," or "lewd") play (or whatever else it was) 
 which was then and there a representation.
 
 480 PRACTICE IN THE MUNICIPAL COURT. 
 
 (3.) 
 did then and there use threatening: (or "abusive") language ni 
 the hearing of other persons publicly, 
 
 (4.) 
 did then and there make a certain obscene gesture to (or 
 "about") a certain other person publicly, 
 
 INJURIES BY AUTOMOBILES, BICYCLES, CAR- 
 RIAGES, &c. 
 
 The penal provisions on this subject are found in section 
 1427, p. 398, R. M. C. of 1905, Chapter XXXIX. 
 
 FORMS. 
 
 (Section 1427, page 398.) 
 
 (1-) 
 was then and there riding (or "driving," or "propelling") a 
 certain bicycle (or "motorcycle," or "automobile," or "car- 
 riage," or "wagon," or whatever the vehicle was) along and 
 upon a certain public highway in said city known as (here insert 
 name of highway) and did then and there run against (or 
 "upon," or "over") a certain person to-wit, (here insert name) 
 (or "the property of a certain person, to-wit: [here insert name] 
 then and there in the personal possession of him the said [here 
 insert name] ") and did thereby cause an injury (or "damage") 
 to said (here insert name) (or "the property of said [here insert 
 name] "), and did not then and there at once stop to ascertain 
 the extent of said injury and to render such assistance as was 
 then and there needed, 
 
 (2.) 
 was then and there riding (or "driving," or "propelling") a 
 certain bicycle (or "motorcycle," or "automobile," or "car- 
 riage," or "wagon," or whatever the vehicle was) along and upon 
 a certain highway in said city known as (here insert name of 
 highway) and did then and there run against (or "upon," or 
 "over") a certain person, to-wit: (here insert name) [or "the 
 property of a certain person to-wit: (here insert name) then and 
 there in the personal possession of him the said (here insert 
 name")] and did thereby cause an injury (or "damage") to
 
 CHICAGO MUNICIPAL. CODE. 481 
 
 said (here insert name) (or ''the property of said 
 
 ") and did then and there refuse to give his true name 
 
 and residence, 
 
 (3.) 
 was then and there riding (or "driving," or "propelling") a 
 certain bicycle (or "motorcycle," or "automobile," or "car- 
 riage," or "wagon," or whatever the vehicle was) along and 
 upon a certain public highway in said city known as (here insert 
 name of highway) and did then and there run against (or 
 
 "upon," or "over") a certain person, to-wit: 
 
 (or "the property of a certain person, to-wit : 
 
 then and there in the personal possession of him the said 
 
 ") and did thereby cause an injury (or "damage") to 
 
 the said (here insert name) (or "the property of said 
 
 "), and did then and there give a false name (or 
 
 "residence") when said name (or "residence") was then and 
 there asked for by the person so injured as aforesaid (or "by 
 one a person then and there asking in be- 
 half of the person so injured as aforesaid"), 
 
 JAIL. 
 
 The penal provisions on this subject are found in section 
 1297, p. 367, R. M. C. of 1905, Chapter XXXII. 
 (forms omitted.) 
 
 KEEPERS OF JUNK SHOPS. 
 
 The penal provisions on this subject are found in section 
 2040, p. 543, and section 2046, p. 544, R. M. C. of 1905, Chapter 
 
 LVII. 
 
 (forms omitted.) 
 
 KILLING BIRDS IN CITY LIMITS. 
 The penal provisions on this subject are found in section 
 1487, p. 413, R. M. C. of 1905, Chapter XXXIX. 
 (forms omitted.) 
 
 LIBRARY. 
 
 The penal provisions on this subject are found in sections 
 1321 and 1322, p. 372, R. M. C. of 1905, Chapter XXXIV. 
 31
 
 482 PRACTICE lis THE MUNICIPAL COURT. 
 
 FORMS. 
 
 (Section 1321, page 372.) 
 did then and there wilfully (or "maliciously") cut (or "write 
 upon," or "injure," or "deface," or "tear," or "destroy") a 
 certain book (or "newspaper," or "plate," or "picture," or 
 
 "engraving," or " a thing of value") then and 
 
 there belonging to the Chicago Public Library (or "one of the 
 
 branches of the Chicago Public Library") located at No 
 
 street in said city, 
 
 (Section 1322, page 372.) 
 did then and there wilfully (or "maliciously") commit an in- 
 jury upon the Chicago Public Library (or "the grounds of the 
 Chicago Public Library," or "one of the buildings of the Chi- 
 cago Public Library, " or " certain furniture of the Chicago Pub- 
 lic Library," or "certain fixtures of the Chicago Public Libra- 
 ry," or "certain the property of the Chicago Pub- 
 lic Library"), 
 
 LICENSES. 
 The penal provisions on this subject are found in section 
 1327, p. 374, R. M. C. of 1905, Chapter XXXV. 
 
 FORMS. 
 
 (Section 1327, page 374.) 
 was then and there a person named as licensee in a certain 
 license granted by the J\Iayor of the city of Chicago for the pur- 
 pose of conducting the business of , and did then 
 
 and there fail to cause to be posted and to remain posted the 
 said license as required by section 1327 of the Revised Municipal 
 Code of Chicago of 1905, 
 
 LIGHTS AT RAILWAY CROSSINGS. 
 The penal provisions on this subject are found in sections 
 1997 and 1998, pp. 530-531, R. M. C. of 1905, Chapter LIIL 
 
 (forms OMITTED.) 
 
 LIGHTS ON VEHICLES. 
 The penal provisions on this subject are found in section 
 1441, p. 401, R. M. 0. nf 1905, Chapter XXXIX.
 
 CHICAGO MUNICIPAL CODE. 483 
 
 FORMS. 
 
 (Section 1443, page 401.) 
 was then and there the owner (or "driver") of a certain auto- 
 mobile (or "wagon," or "truck," or "dray," or "cart," or 
 "carriage," or "cab," or "omnibus," or "bicycle," or "motor- 
 cycle," or whatever the vehicle was, which was then and there a 
 wheeled vehicle") and did then and there use the streets of said 
 city with the same after the hour of eight o'clock P. M. of the 
 said day of A. D. 19 and be- 
 fore the break of day of the said day of 
 
 A. D. 19 without having displayed upon said (here insert 
 
 Jiame of vehicle used) one or more lights, 
 
 LIQUOR. 
 
 The penal provisions on this subject are found in sections 
 1331-1344, pp. 378-379, sections 1346-1352, pp. 379-382, section 
 1358, p. 383, section 1366, p. 385, section 1372, p. 387, and sec- 
 tion 1378, p. 388, R. M. C. of 1905, Chapter XXXVII. 
 
 FORMS. 
 
 (Section 1341, page 378.) 
 
 did then and there operate (or "maintain," or "conduct") a 
 
 certain saloon (or "dram shop," or " ") which 
 
 was then and there a place in which malt (or "vinous," or "spir- 
 ituous," or "intoxicating") liquors were then and there sold 
 (or "given away," or "dealt in") and did then and there use 
 (or "maintain") in connection with said saloon (or 'Mram 
 shop," or " ") as a part thereof (or "an ad- 
 junct thereto") a certain wine room (or "private apartment"), 
 the interior of which was then and there shut off from the public 
 view by doors (or "curtains," or "screens," or "partitions," or 
 " "), 
 
 (Section 1342, page 378.) 
 did then and there operate (or "maintain," or "conduct") a 
 
 certain restaurant (or "cafe," or "dining room," or " 
 
 ") and did then and there serve (or "permit to be 
 
 served") certain malt (or "vinous," or "spirituous," or "in- 
 toxicating") liquors in a certain private apartment which was
 
 484 PRACTICE IN THE MUNICIPAL COURT. 
 
 then and there maiutained as a part of (or "an adjunct to") 
 
 said restaurant (or "cafe," or "dining room," or " 
 
 ") to a number of persons less than four, to-wit: to 
 
 (here state number) persons, all of said (here state number) per- 
 sons not being- then and there members of the same sex, but there 
 being then and there (here state number) men and (here state 
 number) women in said party, 
 
 (Section 1344, page 379.) 
 did then and there keep a certain place licensed as a saloon or 
 dram shop located at (here describe location) as provided by 
 Article I of Chapter XXXVI of the Revised Municipal Code of 
 Chicago of 1905, and did then and there permit (or "suffer") a 
 certain person, to-wit: (here give name) to play a certain game 
 of chance, to-wit: (here insert name of game) for money (or 
 
 " , a valuable thing") and did thereby keep 
 
 (or "maintain") a public nuisance, 
 
 (Section 1347, page 379.) 
 
 (1.) 
 did then and there keep (or "conduct," or "maintain") a cer- 
 tain saloon (or "dram shop") and did then and there post (or 
 "cause to be posted," or "permit to remain posted") in (or 
 "upon") a certain part of the bar room' (or "a certain room") 
 then and there used for said saloon (or "dram shop") a certain 
 paper (or "document") then and there purporting to be a 
 saloon (or "dram shop") license issued under the authority of 
 the city of Chicago and which said paper (or "document") was 
 not then and there in fact a saloon (or "dram shop") license 
 issued under the authority of the city of Chicago, 
 
 (2.) 
 did then and there keep (or "conduct" or "maintain") a cer- 
 tain saloon (or "dram shop") and did then and there post (or 
 "cause to be posted," or "permit to remain posted") in (or 
 "upon") a certain part of the bar room (or "a certain room") 
 then and there used for said saloon (or "dram shop") a certain 
 saloon (or "dram shop") license, then and there expired, 
 
 (Section 1348, page 380.) 
 did not then and there have a license to keep a dram shop, and 
 did then and there by himself (or "another") as principal (or
 
 CHICAGO MUNICIPAL CODE. 485 
 
 *'elerk," or "servant") sell (or "give away," or "deal") iu 
 malt (or "spirituous," or "vinous," or "intoxicating") liquor 
 in quantities of less than one gallon (or "in the quantity of 
 (here insert quantity) to be drank upon the premises") without 
 being licensed so to do in accordance with and pursuant to the 
 provisions of Article I, Chapter XXXVI, of the Revised Mu- 
 nicipal Code of Chicago of 1905, 
 
 LIVERY STABLE. 
 The penal provisions on this subject are found in sections 
 2374, 2375 and 2377, p. 637, R. M. C. of 1905, Chapter LXIX. 
 
 (forms omitted.) 
 
 LOTTERIES. 
 The penal provisions on this subject are found in an ordinance 
 passed March 27, 1905, set forth on pages 701-703, R. M. C. of 
 1905. 
 
 (forms omitted.) 
 
 LOUNGERS AND LOAFERS. 
 The penal provisions on this subject are found in section 
 1475, p. 409, R. M. C. of 1905, Chapter XXXIX. 
 
 forms. 
 (Section 1475, page 409.) 
 did then and there obstruct (or "encumber") a certain street 
 comer (or "public place") to- wit: (here give name or descrip- 
 tion of place) then and there located in the city of Chicago at 
 (here describe location) by lounging in and about the same after 
 having been requested to move on by a police officer, 
 
 LUMBER. 
 
 The penal provisions on this subject are found in section 
 1381, p. 389, R. M. C. of 1905, Chapter XXXVII. 
 (forms omitted.) 
 
 MEAT. 
 The penal provisions on this subject are found in sections 
 1154 and 1159, p. 332, R. M. C. of 1905, Chapter XXXII. 
 (forms omitted.)
 
 48t) PRACTICE IN THE MUNICIPAL COURT. 
 
 MEAT AND FOWL PROHIBITED. 
 
 The penal provisions on this subject are found in section 
 1166, p. 334, R. M. C. of 1905, Chapter XXXII. 
 
 FORMS. 
 
 (Section 1166, page 334.) 
 
 did then and there hold (or "buy," or "sell," or "offer for 
 
 sale") for human food in premises known as number 
 
 street in the city of Chicago certain cased (or 
 
 "blown," or "plaited," or "raised," or "stuffed," or "putrid," 
 or "impure," or "unhealthy," or "unwholesome,") meat (or 
 "fish," or "bird," or "fowl,") 
 
 MEAT MARKETS, DELICATESSEN STORES, POULTER- 
 ERS AND FISH MONGERS. 
 The penal provisions on this subject are found in section 
 1411, p. 295, R. M. C. of 1905, Chapter XXXVIII. 
 
 FORMS. 
 
 (Section 1411, page 295.) 
 
 did then and there conduct a meat market at number 
 
 street, in said city, and did then and there have a 
 
 license to conduct said meat market, and did then and there sell 
 certain meat, to-wit: (here state kind of meat) to one (here in- 
 sert name of purchaser) without weighing said meat in a scale 
 by weights or beam properly sealed, 
 
 MILK AND FOOD. 
 
 The penal provisions on this subject are found in sections 
 1122-1123, pp. 319-320, and sections 1125-1145, pp. 321-328, R. 
 M. C. of 1905, Chapter XXXII. 
 
 FORMS. 
 
 (Section 1122, page 319.) 
 did then and there wilfully connive at (or "assist") in the viola- 
 tion by one (here insert name) of a certain provision of Article 
 15 of the Revised Municipal Code of Chicago of 1905 he the said 
 (name of defendant) being then and there an officer (or "em- 
 ployee") of the milk and food division of the department of
 
 CHICAGO MUNICIPAL CODE. 487 
 
 health of the city of Chicago, which said provision was then and 
 there in the words and figures following, to-wit: (here insert pro- 
 vision) j 
 
 (Section 1123, page 319.) 
 
 (1.) 
 did then and there sell (or "offer for sale," or "expose for sale," 
 or "dispose of," or "exchange," or "deliver") milk (or 
 "cream") for human food without first having obtained a license 
 so to do, he the said (name of defendant) being then and there 
 a driver of a certain milk wagon (or "the servant of a vender 
 of milk," or "the agent of a vender of milk"), 
 
 (2.) 
 he being then and there the driver of a certain milk wagon (or 
 "the servant of a vender of milk," or "the agent of a vender 
 of milk,") did then and there with the intent to sell (or "offer 
 for sale, " or " expose for sale, " or " dispose of, " or " exchange, ' * 
 or "deliver") have in his (or "their") possession (or "care," 
 or " custody, " or " control " ) milk (or "cream") for human food 
 without first having been licensed so to do, 
 
 MINORS— FALSE REPRESENTATIONS BY. 
 
 The penal provisions on this subject are found in section 
 
 1436, p. 400, R. M. C. of 1905, Chapter XXXIX. 
 
 FORMS. 
 
 (Section 1437, page 400.) 
 was then and there a minor and was then and there of about 
 
 the age of years, and did then and there 
 
 obtain from one (here insert name of person from whom ob- 
 tained) who was then and there proprietor, (or "agent of the 
 proprietor") of a certain saloon, (or "grocery") certain intoxi- 
 cating liquors, to-wit: (here insert kind of liquor) under the 
 false pretense that he, the said (here insert name of defendant) 
 was then and there of age and not a minor, 
 
 MINORS— FLIPPING CARS BY. 
 
 The penal provisions on this subject are found in section 
 
 1437, p. 400, R. M. C. of 1905, Chapter XXXIX.
 
 488 PRACTICE IN THE MUNICIPAL COURT. 
 
 FORM. 
 
 (Section 1437, page 400.) 
 was then and there a minor and was then and there under the 
 age of 18 years, and did then and there climb (or "jump upon," 
 or "cling to," or "attach himself to,") a certain horse car (or 
 
 ' ' electric car, " or " cable car, " or "...-. street 
 
 car," or "railroad locomotive," or "railroad car") while said 
 (here insert kind of car or locomotive) was then and there in 
 motion, 
 
 MINORS— GAMBLING IN SALOONS BY. 
 
 The penal provisions on this subject are found in section 
 1435, p. 400, R. M. C. of 1905, Chapter XXXIX. 
 
 FORM. 
 
 (Section 1435, page 400.) 
 
 was then and there a minor and was then and there of about the 
 
 age of years, and did then and there in a certain 
 
 saloon (or "grocery," or "room," or " ") where 
 
 intoxicating liquors were then and there sold, play with dice, 
 
 (or "dominos," or "cards," or "balls," or " 
 
 which was then and there an article used in gaming"), 
 
 MINORS— INTOXICATION OF OR PURCHASING 
 LIQUORS BY. 
 
 The penal provisions on this subject are found in section 
 1434, p. 400, R. M. C. of 1905, Chapter XXXIX. 
 
 FORM. 
 
 (Section 1434, page 400.) 
 
 was then and there a minor and was then and there of the age 
 of years, and was then and there intoxi- 
 cated, and the said (here insert name of defendant) did then 
 and there pujchase (or "offer to purchase," or "obtain") for 
 the personal use of him the said (here insert name of minor) cer- 
 tain which was then and there intoxicating liquor^ 
 
 in a certain licensed saloon (or "grocery"),
 
 CHICAGO MUNICIPAL CODE. 489 
 
 MINORS— SALE OF MATERIALS IMPREGNATED WITH 
 
 LIQUORS. 
 The penal provisions on this subject are found in section 
 
 1438, p. 400, R. M. C. of 1905, Chapter XXXIX. 
 
 FORM. 
 
 (Section 1438, page 400.) 
 did then and there sell to (or "deliver to," or "procure for") 
 one (here insert name of minor) who was then and there a minor 
 under the age of 16 years certain cigarettes (or "whisky," or 
 "drops saturated with spirituous (or "vinous," or "ferment- 
 ed,") liquor," or "candy saturated with spirituous (or "vin- 
 ous," or "fermented") liquor," or "drops enclosing spirituous 
 (or "vinous," or "fermented") liquor," or "candy enclosing- 
 spirituous (or "vinous," or "fermented") liquor," 
 
 MINORS— SALE OF TOBACCO TO. 
 
 The penal provisions on this subject are found in section 
 
 1439, p. 400, R. M. C. of 1905, Chapter XXXIX. 
 
 FORM. 
 
 (Section 1439, page 400.) 
 did then and there sell (or "furnish") certain cigars (or "to- 
 bacco") to one (here insert name of minor) who was then and 
 there a minor under 16 years of age, without the written order 
 of one (here insert name of parent or guardian) who was then 
 and there the parent (or "guardian") of said (here insert name 
 of minor), 
 
 MUTILATION OF POSTERS. 
 The penal provisions on this subject are found in section 1482, 
 p. 411, R. M. C. of 1905, Chapter XXXIX. 
 
 FORMS. 
 
 (Section 1482, page 411.) 
 did then and there destroy (or "tear," or "mutilate," or "cover 
 over," or "deface," or "injure") a certain bill (or "poster") 
 posted (here state place where posted) in violation of the pro- 
 visions of section 1482, of the Revised Municipal Code of Chi-
 
 490 ri: AcTiCK i.x the municipal court. 
 
 cago of 1905, which said provision of said section 1482 was then 
 and there in the words and figures following, to-wit: (here insert 
 section 1482), 
 
 NIGHT SCAVENGERS. 
 
 The penal provisions on this subject are found in sections 
 1177, 1179 and 1181, p. 336, section 1185, p. 337, and section 
 1188, p. 338, R. M. C. of 1905, Chapter XXXII. 
 
 FORMS. 
 
 (Section 1177, page 336.) 
 did then and there empty (or "clean," or "remove,") the con- 
 tents of a certain privy vault located at number 
 
 street in the city of Chicago without first having 
 
 obtained a license so to do, 
 
 (Section 1179, page 336.) 
 
 (1.) 
 did then and there have a license to empty (or "clean," or "re- 
 move") the contents of privy vaults in said city and did then 
 and there remove (or "cause to be removed") the contents of 
 
 a certain privy vault located at premises known as number 
 
 street in the city of Chicago without first 
 
 having obtained a permit therefor from the commissioner of 
 health of the city of Chicago, 
 
 (2.) 
 did then and there engage in the business of slaughtering live 
 stock (or "rendering animal matter," or "the manufacture of 
 certain by-products of animal matter,") at premises known as 
 
 within the city of Chicago (or 
 
 "within one mile of the limits of the city of Chicago,") without 
 having first obtained a license therefor as provided in Article 
 20 of the Revised Municipal Code of Chicago of 1905, 
 
 NIGHT WALKERS. 
 
 The penal provisions on this subject are found in section 1459, 
 p. 405, R. M. C. of 1905, Chapter XXXIX.
 
 CHICAGO MUNICIPAL CODE. 491 
 
 FORMS. 
 
 (Section 1459, page 405.) 
 
 (1.) 
 was then and there a prostitute, and was then and there plying 
 her vocation upon a certain street (or "alley," or "public 
 place") in said city to-wit: (here insert name of street or de- 
 scription of alley or place), 
 
 (2.) 
 was then and there a person of evil fame (or "report") and was 
 then and there plying his vocation upon a certain street (or 
 "alley," or "public place") in said city to-wit: (here insert 
 name of street or description of alley or place), 
 
 (3.) 
 was then and there a solicitor to prostitution and was then and 
 there plying his vocation upon a certain street (or "alley," or 
 "public place") in said city to-wit: (here insert name of street 
 or description of alley or place), 
 
 NOISE. 
 
 The penal provisions on this subject are found in sections 
 1451-1453, p. 403, R. M. C. of 1905, Chapter XXXIX. 
 (forms omitted.) 
 
 NURSERIES. 
 The penal provisions on this subject are found in section 1509, 
 p. 418, R. M. C. of 1905, Chapter XL. 
 
 (forms OMITTED.) 
 
 NUISANCES. 
 The penal provisions on this subject are found in sections 
 1201-1205, pp. 341-343, and sections 1208 and 1209, p. 343, R. 
 M. C. of 1905, Chapter XXXII, and sections 1451-1453, p. 403, 
 R. M. C. of 1905, Chapter XXXIX. 
 
 forms. 
 
 (Section 1450, page 403.) 
 
 did then and there make (or "caused to be made," or "permit 
 
 to be made," or "allowed to be made") a certain noise by means
 
 492 PRACTICE IN TJIE MUNICIPAL COURT. 
 
 of a certain whistle (or "rattle," or "bell," or "gong," or 
 "clapper," or "hammer," or "drum," or "horn," or (whatever 
 the instrument was) then and there a mechanical device for the 
 purpose of attracting the attention (or "inviting the patron- 
 age") of certain persons to a certain business, to- wit: (here de- 
 scribe business) in said city, (or "for the purpose of advertising 
 goods, wares and merchandise,") 
 
 (Section 1452, page 403.) 
 
 • (1.) 
 did then and there transport over and along the streets of said 
 city upon a certain cart (or "dray," or "ear," or whatever the 
 vehicle was) certain rails (or "pillars," or "columns of iron," 
 
 or "columns of steel," or "columns of ") and did 
 
 then and there fail to load said rails (or "pillars," or "columns 
 
 of iron," or "columns of steel," or "columns of ") 
 
 upon said cart (or "dray," or "car," or " ") 
 
 so as to avoid causing loud noises, 
 
 (2.) 
 did then and there transport over and along the streets of said 
 
 city upon a certain cart (or "dray," or "car," or " ") 
 
 certain rails (or "pillai's," or "columns of iron," or "columns of 
 
 steel," or "columns of ") and did then and there 
 
 fail to load said rails (or "pillars," or "columns of iron," or 
 
 "columns of steel," or "columns of ") upon said cart 
 
 (or "dray," or "car," or " ") so as to avoid dis- 
 turbing the peace and quiet of said streets, 
 
 (Section 1453, page 403.) 
 did then and there use (or "perform with") a certain hand 
 organ (or whatever the instrament was) which was then and 
 there a musical instrument for pay (or "in expectation of pay- 
 ment") in (here insert name of street) street in said city (or "in 
 (here give name of place) Avhich was then and there a public 
 place in said city, before nine o'clock in the morning of said daj^ 
 (or "after nine o'clock in the evening of said day"), 
 
 OBJECTS ON WINDOW-SILLS, ETC. 
 The penal provisions on this subject are found in section 1481, 
 p. 411, R. M. C. of 1905, Chapter XXXIX.
 
 CHICAGO MUNICIPAL CODE. 493 
 
 FORMS. 
 
 (Section 1481, page 411.) 
 did then and there place (or "keep") on a certain window-sill 
 (or "railing," or "balcony," or "top of a porch," or "projec- 
 tion,") of (or "from") a certain house (or "building") a cer- 
 tain flower pot (or "wooden box," or "bowl," or "pitcher," or 
 "article," or whatever it was) and the said (whatever it was) 
 was not then and there securely and firmly fastened and pro- 
 tected in such manner as to render it irapossibe for the said 
 (whatever article it was) to fall from the said (whatever the 
 place was) into a certain street of the said city, then and there 
 situated along side of the said house (or "building"), known as 
 (here give name of street), 
 
 OBSTRUCTING GUTTERS, SEWERS AND PIPES. 
 The penal provisions on this subject are found in section 1491, 
 p. 413, R. M. C. of 1905, Chapter XXXIX. 
 
 FORMS. 
 
 (Section 1491, page 413.) 
 
 did then and there stop (or "obstruct") the passage of water 
 in a certain public street (or "gutter," or "sewer," or "cul- 
 vert," or "water pipe," or "hydrant,") then and there situated 
 in the said city, to-wit: (here give location), 
 
 OFFENSIVELY SATURATED GROUND. 
 The penal provisions on this subject are found in section 1300, 
 p. 367, R. M. C. of 1905, Chapter XXXII. 
 (forms omitted.) 
 
 OFFICERS. 
 The penal provisions on this subject are found in sections 
 1520 and 1524, p. 420, R. M. C. of 1905, Chapter XLII. 
 (forms omitted.) 
 
 OIL INSPECTOR. 
 The penal provisions on this subject are found in section 1542, 
 p. 425, R. M. C. of 1905, Chapter XLIII. 
 (forms omitted.)
 
 494 PRACTICE IN THE MUNICIPAL COURT. 
 
 OPIUM SMOKING OR INHALING ROOMS. 
 
 The penal provisions on this subject are found in section 1473^ 
 p. 409, R. M. C. of 1905, Chapter XXXIX. 
 
 FORMS. 
 
 (Section 1473, pacre 409.) 
 did then and there within the city of Chicago keep (or "main- 
 tain," or "become an inmate of," or "contribute to the support 
 of,") a certain place (or "house," or "room") for opium smok- 
 ing (or "where persons then and there assembled for the pur- 
 pose of inhaling opium," or "where persons then and there as- 
 sembled for the purpose of inhaling the fumes of opium"), 
 
 PARKS AND PUBLIC GROUNDS. 
 Th penal provisions on this subject are found in section 1565, 
 p. 430, R. M. C. of 1905, Chapter XLV. 
 
 FORMS. 
 
 (Section 1555, page 429.) 
 did then and there enter (or "leave") a certain public park of 
 the said city, to- wit: (here insert name) Park, at a point (here 
 describe point of entrance or egress), the said point not then and 
 there being one of the gate-ways of said (here insert name) Park, 
 
 (Section 1556, page 429.) 
 did then and there turn (or "lead") certain cattle (or "horses,'* 
 or "goats," or "swine," or whatever the animals were) into 
 (here insert name) Park, the said (here insert name) Park being 
 then and there a public park of the said city, 
 
 (Section 1557, page 429.) 
 
 (1.) 
 did then and there carry firearms (or "throw stones," or throw 
 (whatever was thrown) within (here insert name) Park, the said 
 (here insert name) Park then and there being a public park of 
 said city, 
 
 (2.) 
 did then and there cut (or "break," or "injure," or "deface") 
 certain trees (or "shrubs," or "plants," or "turf," or "build-
 
 CHICAGO MUNICIPAL CODE. 495 
 
 ings, " or ' ' fences, " or ' ' bridges, " or " construction, " or " prop- 
 ety,") within (here insert name) Park, the said (here insert 
 name) Park then and there being a public park of the said city, 
 
 (Section 1558, page 429.) 
 
 (1.) 
 did then and there expose a certain article (or "thing") for 
 sale within (here insert name) Park, the said (here insert name) 
 Park then and there being a public park of the said city, 
 
 (2.) 
 did then and there hawk (or "peddle") certain goods, wares 
 and merchandise within (here insert name) Park, the said (here 
 insert name) Park being then and there a public park of the 
 said city, 
 
 (Section 1559, page 429.) 
 
 (1.) 
 did then and there utter certain threatening, abusive, insulting 
 and indecent language within (here insert name) Park, the said 
 (here insert name) Park then and there being a public park of 
 the said city, whereby a breach of peace might have been oc- 
 casioned, 
 
 (2.) 
 did then and there tell fortunes (or "play a game of chance," or 
 "play with a certain table or instrument of gaming," or "com- 
 mit an obscene act," or "commit an indecent act") within (here 
 insert name) Park, the said (here insert name) Park then and 
 there being a public park of the said city, 
 
 (Section 1561, page 429.) 
 
 (l.)_ 
 did then and there post and otherwise affix certain bills, notices 
 and other paper upon certain structures and things within (here 
 insert name) Park, the said (here insert name) Park then and 
 there being a public park of the said city, 
 
 (2.) 
 did then and there post and otherwise affix certain bills, notices 
 and other paper upon certain of the gates and enclosures of 
 (here insert name) Park, the said (here insert name) Park then 
 and there being a public park of the said city,
 
 ■IDG pkacticp: i.n the municipal court. 
 
 (Section 1563, page 430.) 
 did then and there light, make and use a certain fire in (here in- 
 sert name) Park, the said (here insert name) Park then and 
 there being a public park of the said city, 
 
 (Section 1564, page 430.) 
 did then and there go upon the grass, lawn and turf of (here 
 insert name) Park, the said (here insert name) Park then and 
 there being a public park of the said city, at a place where the 
 word "common'' was not posted in such manner as to indicate 
 that persons were then and there at liberay to go on the said 
 grass, lawn and turf at said place, 
 
 PASSENGERS— COMFORT AND SAFETY OF. 
 
 The penal provisions on this subject are found in an ordinance 
 passed July 10, 1905, set forth on pages 712-713, R. M. C. of 
 
 1905. 
 
 (forms omitted.) 
 
 PAWN BROKERS. 
 The penal provisions on this subject are found in section 1589, 
 p. 434, R. M. C. of 1905, Chapter XLVI. 
 
 forms. 
 
 (Section 1574, page 432.) 
 
 did then and there engage in, cany on and conduct the business 
 
 of a pawnbroker within the said city of Chicago, the said (here 
 
 insert name) not then and there being licensed so to do, 
 
 (Section 1577, page 432.) 
 
 (1.) 
 was then and there a pawnbroker (or " loanbrokerj " or "keeper 
 of a loan office,") and as such pawnbroker (or " loanbroker, " or 
 "keeper of a loan office,") the said (here insert name of defend- 
 ant) did then and there make a loan to one (here insert name of 
 borrower) upon certain goods, articles and things pawned and 
 pledged by the said (here insert name of borrower) to the said 
 (here insert name of defendant) and the said (here insert name 
 of defendant) did not at the time of said loan fairly write in ink 
 in a book an accurate account and description in the English
 
 CHICAGO MUNICIPAL CODE. 497 
 
 language of the said goods, articles and things so pawned and 
 pledged, of the amount of money loaned thereon, of the time 
 when the same were pledged, of the rate of interest to be paid on 
 said loan, and of the name and residence of the person pawning 
 and pledging the said goods, articles and things, 
 
 (2.) 
 was then and there a pawnbroker (or " loanbroker, " or "keeper 
 of a loan ofBce,") and did then and there erase, obliterate and 
 deface an entry made in a book kept by the said (here insert 
 name of defendant) as such pawnbroker (or "loanbroker," or 
 "keeper of a loan office,") which said book was kept in pur- 
 suance of section 1577 of the Revised Municipal Code of Chica- 
 go of 1905, 
 
 (Section 1578, page 433.) 
 was then and there a pawnbroker (or "loanbroker," or "keeper 
 of a loan office,") and did then and there make a loan to (here 
 insert name of borrower) upon certain goods, articles and 
 things then and there pawned and pledged by the said (here in- 
 sert name of borrower) to the said (here insert name of defend- 
 ant) and the said (here insert name of defendant) did not then 
 and there deliver to the said (here insert name of borrower) a 
 memorandum or note signed by the said (here insert name of 
 defendant) containing the substance of the entry required to be 
 made in his book by section 1577, Chapter 46, of the Revised 
 Municipal Code of Chicago of 1905, 
 
 (Section 1580, page 433.) 
 was then and there a pawnbroker (or "loanbroker," or "keeper 
 of a loan office,") and did then and there purchase and buy cer- 
 tain second hand furniture, metals, clothes and other articles and 
 things, to-wit: (here describe articles bought) that had thereto- 
 fore been offered to him the said (here insert name of defend- 
 ant) as a pawn or pledge, by one (here insert name of person by 
 whom property had been so offered) 
 
 (Section 1581, page 433.) 
 was a person then and there licensed in accordance with the 
 provisions of section 1574 of the Revised Municipal Code of Chi- 
 cago of 1905, to carry on the business of pawnbroker (or "loan- 
 32
 
 498 PRACTICE IN THE MUNICIPAL COURT, 
 
 broker," or ''keeper of a loan office,") and the said (here insert 
 
 name of defendant) did not on said day of 
 
 19 ... . make out and deliver to the superintendent of 
 
 police of the city of Chicago, before the hour of twelve o'clock 
 noon, a legible and correct copy from the book required in sec- 
 tion 1577, of the Revised Municipal Code of Chicago of 1905, of 
 all personal property and other valuable things received on de- 
 posit by the said (here insert name of defendant) during the 
 preceding day, setting forth the hour when received, and the de- 
 scription of the person by whom left in pledge, 
 
 (Section 1584, page 433.) 
 was a person than and there licensed as a pawnbroker (or "loan- 
 broker," or "keeper of a loan office,") in accordance with the 
 provisions of section 1574 of the Revised Municipal Code of Chi- 
 cago of 1905, and did then and there take and receive in pawn 
 and pledge for money loaned certain property, bonds, notes, se- 
 curities, articles, and other valuable things, to-wit: (here de- 
 scribe property) from one (here insert name of minor) the said 
 (here insert name of minor) then and there being a minor (or 
 "the ownership of which said property, bonds, notes, securities, 
 articles and other valuable things was in one (here insert name 
 of minor) a minor," or "the ownership of which .said property, 
 bonds, notes, securities, articles and other valuable things was 
 then and there claimed by one (here insert name of minor) a 
 minor, " or " the possession of which said property, bonds, notes, 
 securities, articles and other valuable things was then and there 
 in one (here insert name of minor) a minor," or "the control of 
 which said property, bonds, notes, securities, articles and other 
 valuable things was then and there under one (here insert name 
 of minor) a minor"), 
 
 (Section 1585, page 434.) 
 
 was then and there a pawnbroker (or " loankeeper, " or "keeper 
 of a loan office,") licensed in accordance with the provisions of 
 section 1574 of the Revised Municipal Code of Chicago of 1905, 
 and did then and there carrj^ on another business and vocation, 
 to-wit: the business and vocation of (here specify what it was) 
 in the same building and in a certain other building adjoining 
 the place and building in which he. the .said (hero insert name of
 
 CHICAGO MUNICIPAL CODE. 499 
 
 defendant) was so licensed to carry on the business of pawn- 
 broker (or " loanbroker, " or ''keeper of a loan office"), 
 
 (Section 1586, page 434.) 
 was then and there a pawnbroker (or "loanbroker," or "keeper 
 of a loan office") licensed in accordance with the provisions of 
 section 1574 of the Revjsed Municipal Code of Chicago of 1905, 
 and did then and there permit a certain person under the age of 
 sixteen years, to-wit, one (here insert name) to take pledges in 
 pawn for him the said (here insert name of defendant), 
 
 (Section 1587, page 434.) 
 was then and there a pawnbroker (or "loanbroker," or "keeper 
 of a loan office,") licensed in accordance with the provisions of 
 section 1574 of the Revised Municipal Code of Chicago of 1905, 
 and did then and there take certain articles in pawn from a cer- 
 tain person then and there appearing to be intoxicated (or 
 "from a certain person then and there known to be a thief," or 
 "from a certain person then and there known to have been con- 
 victed of larceny," or "from a certain pei^on then and there 
 known to have been convicted of burglary") to-wit, one (here 
 insert name of person), 
 
 PEDDLERS. 
 The penal provisions on this subject are found in section 1590, 
 p. 435, and section 1603, p. 439, R. M. C. of 1905, Chapter 
 XLVII. 
 
 FORMS. 
 
 (Section 1590, page 435.) 
 did then and there sell, and offer for sale, barter and exchange, 
 at retail, certain goods, wares, merchandise, fruits, vegetables and 
 country produce, traveling from place to place on, along and 
 upon the streets of said city, and did then and there sell aud de- 
 liver from a wagon (or "from a push cart," or from such other 
 vehicle as was used) going from place to place in said city sell- 
 ing aud delivering goods, wares, merchandise, fruits, vegetables 
 and country produce, and the said (here insert name of defend- 
 ant) did not, before engaging in such business, obtain a license 
 as a peddler, in accordance with the provisions of Chapter 
 XLVII of the Revised Municipal Code of Chicago of 1905,
 
 500 PRACTICE IN THE MUNICIPAL COURT. 
 
 (Section 1603, page 439.) 
 was then and there a peddler licensed in accordance with the 
 provisions of section 1591 of the Revised Municipal Code of Chi- 
 cago of 1905, and the said (here insert name of defendant) did 
 then and there violate certain of the provisions of section 1603 
 of the Revised Municipal Code of Chicago of 1905, which said 
 provisions of said figures following, to- wit: (here insert section 
 1591), 
 
 PLUMBERS AND PLUMBING. 
 The penal provisions on this subject are found in section 1610, 
 p. 441 and section 1730, p. 463, R. M. C. of 1905, Chapter 
 
 XLVIII. 
 
 (forms omitted.) 
 
 POISONOUS MEDICINES OR DECOCTIONS. 
 The penal provisions on this subject are found in section 1468, 
 p. 407, R. M. C. of 1905, Chapter XXXIX. 
 
 FORMS. 
 
 (Section 1468, page 407.) 
 
 (1.) 
 did then and there hold for sale (or "sell") for an unlawful 
 purpose and with improper motives a certain poisonous medicine 
 (or "poisonous decoction," or "poisonous substance"), to-wit: 
 (here give name of medicine or other description of decoction or 
 substance), 
 
 (2.) 
 was then and there a pei'son not competent to give proper direc- 
 tions and precautions as to the use of (here insert name of medi- 
 cine &c.,) which was then and there a poisonous medicine (or 
 "poisonous decoction," or "poisonous substance") and he, the 
 said (here insert name of defendant) did then and there hold 
 for sale (or "sell") certain (here insert n^me of medicine, 
 etc.) which was then and there poisonous medicine (or "poison- 
 ous decoction," or "poisonous substance"), 
 
 (3.) 
 did then and there deliver a certain bottle (or "box," or par- 
 cel," or "receptacle") then and there containing (here state 
 what is contained) which was then and there poisonous medicine
 
 CHICAGO MUNICIPAL CODE. 501 
 
 (or ''poisonous decoction," or "poisonous substance") the said 
 bottle (or "box," or "parcel," or "receptacle") not then and 
 there being plainly marked on the outside ' ' poison, ' ' 
 
 (4.) 
 did then and there deliver a certain bottle (or "box," or "par- 
 cel," or "receptacle") then and there containing (here state 
 what it contained) which was then and there a poisonous medi- 
 cine (or "poisonous decoction," or "poisonous substance,") to 
 one (here insert name) and the said (here insert name of de- 
 fendant) at the time he delivered said bottle (or "box," or 
 "parcel," or "receptacle") to the said (here insert name of per- 
 son to whom delivered) had reason to think that the said (here 
 insert name of person to whom delivered) intended the said 
 (here insert name of medicine, etc.,) for an illegal use (or "im- 
 proper purpose"), 
 
 PORCHES AND STEPS. 
 
 The penal provisions on this subject are found in section 2080, 
 p. 556, R. M. C. of 1905, Chapter LIX. 
 
 (forms omitted.) 
 
 POLICE. 
 The penal provisions on this subject are found in section 1766, 
 p. 470, and sections 1770-1776, pp. 471-2, R. M. C. of 1905, Chap- 
 ter XLIX. 
 
 forms. 
 (Section 1766, page 470.) 
 was then and there a member of the police force of the said city 
 of Chicago; and while then and there in the discharge of his 
 official duties was guilty of fraud (or "extortion," or "oppres- 
 sion," or "favoritism," or "wilful wrong," or "injustice,") in 
 this, that (here state what the fraud, &c. consisted in), 
 
 (Section 1770, page 471.) 
 
 (1.) 
 did then and there falsely assume and pretend to be a policeman 
 of the city of Chicago,
 
 502 PRACl'ICE IN THE MUNICIPAL COURT. 
 
 (2.) . 
 did then and there falsely assume and pretend to be a member 
 of the department of police of the said city of Chicago, 
 
 (3.) 
 did then and there, without being- a member of the department 
 of police of the said city of Chicago, wear in public the uniform 
 adopted as the police uniform, 
 
 (4.) 
 did then and there, without being a member of the department 
 of police of the said city of Chicago wear (or "use") the badge 
 (or ''star") then and there used by the department of police of 
 the said city, 
 
 (5.) 
 did then and there, without being a member of the department 
 of police of the said city of Chicago wear (or "use") a badge 
 (or "star") similar in appearance to the badge (or "star") then 
 and there used by the department of police of the said city of 
 Chicago, 
 
 (Section 1771, page 471.) 
 did then and there counterfeit (or "imitate," or "cause to be 
 counterfeited, " or " cause to be imitated, " or " use, " or " wear ' ' ) 
 a badge (or "sign," or "signal," or "device,") theretofore 
 adopted and then and there used by the department of police 
 of the said city of Chicago, without authority so to do from the 
 general superintendent of police of the said city of Chicago, 
 
 (Section 1772, page 471.) 
 
 (1.) 
 did then and there resist a member of the police force of the said 
 city of Chicago in the discharge of his dutj", 
 
 (2.) 
 did then and there interfere with (or "hinder," or "prevent." 
 or "offer to interfere with," or "offer to hinder," or "offer to 
 prevent," or "endeavor to interfere with," or "endeavor to 
 hinder," or "endeavor to prevent,") a member of the police 
 force of the said city of Chicago from disciiarging his duty as a 
 member,
 
 CHICAGO MUNICIPAL CODE. 503 
 
 (3.) 
 did then and there assist a person, to-wit: one (here insert name 
 of person) in ciLstody of a member of the police force of the 
 said city of Chicago to escape (or "attempt to escape") from 
 such custody, 
 
 (4.) 
 did then and there attempt to rescue a person, to-wit: one (here 
 insert name of person) then and there in custody, 
 
 (Section 1773. page 472.) 
 
 Avas then and there a hackman (or "cabman," or "omnibus 
 driver, " or " drayman, " or " porter, " or " runner, " or " certain 
 person") then and there at (or "about") a railroad depot (or 
 "railroad station," or "steamboat landing," or "canal boat 
 landing," or "public place") in the said city, and the said (here 
 insert name of defendant) did then and there refuse to obey the 
 commands and directions of a police oiBcer of the said city of 
 Chicago then and there stationed (or "doing duty") on or about 
 such depot (or "station," or "landing," or "public place"), for 
 the preservation of order and enforcing the ordinances, 
 
 POUNDS AND POUNDMASTERS. 
 
 The penal provisions on this subject are found in sections 
 1827-28, p. 485 and sections 1829 and 1831, p. 486, R. M. C. of 
 1905, Chapter LI. 
 
 (forms omitted.) 
 
 PRIVATE SCAVENGERS. 
 
 The penal provisions on this subject are found in section 1197, 
 p. 340, R. M. C. of 1905, Chapter XXXII. 
 
 (forms omitted.) 
 
 PRIVY, VAULT, SINK AND CESS-POOL. 
 
 The penal provisions on this subject are found in sections 
 1289. 1290 and 1292, p. 365, R. M. C. of 1905, Chapter XXXII.
 
 504 PRACTICE IN THE MUNICIPAL COURT. 
 
 FORMS. 
 
 (Section 1289, page 365.) 
 
 (1.) 
 did then and there maintain a certain privy vault upon premises 
 known as (here describe premises) which said premises then and 
 there abutted upon (or "adjoined") a certain street (or "alley," 
 or "court," or "public place") known as (here give description 
 of street, &c.,) in which was then and there located a public 
 sewer, 
 
 (2.) 
 did then and there suffer a certain privy vault to be and remain 
 upon certain premises known as (here describe premises) which 
 said premises then and there abutted upon (or "adjoined") a 
 certain street (or "alley," or "court," or "public place,") 
 known as (here give description of street, &c.,) in which was 
 then and there located a puTalic sewer, 
 
 (Section 1290, page 365.) 
 
 (1.) 
 did then and there erect (or "maintain") a certain privy as 
 near as forty feet to a certain street (or "dwelling," or "shop," 
 or "school," or "factory," or "church," or "public hall") 
 then and there known as without furnish- 
 ing the said privy with a substantial vault at least six feet deep 
 and made tight so that the contents thereof could not escape 
 therefrom, and sufficiently secured and enclosed, 
 
 (2.) 
 did then and there erect (or "maintain") a certain privy with- 
 in 100 feet of a certain well located at , in said 
 
 city, without furaishing the said priv}^ with a substantial vault 
 at least six feet deep and made tight so that the contents there- 
 of could not escape therefrom and sufficiently secured and en- 
 closed, 
 
 (3.) 
 did then and there refuse to obey (or "neglect to obey") a cer- 
 tain rule (or "order"), or ("sanitary regulation") of the de- 
 partment of health of the city of Chicago, which said rule (or 
 "order," or "sanitary regulation") was then and there in the 
 words and figuros following, tn-Avit : (here insert).
 
 CHICAGO MUNICIPAL CODE. 505 
 
 (4.) 
 did then and there omit to comply with (or "neglect to comply 
 with," or "refuse to comply with") a certain rule (or "order," 
 or "sanitary regulation") of the department of health of the 
 city of Chicago, which said rule (or "order," or "sanitary reg- 
 ulation") was then and there in the words and figures following, 
 to- wit: (here insert.) 
 
 PROHIBITED ADVERTISEMENTS IN NEWSPAPERS. 
 
 The penal provisions on this subject are found in section 1463, 
 p. 406, R. M. C. of 1905, Chapter XXXIX. 
 
 FORMS. 
 
 (Section 1463, page 406.) 
 did then and there advertise (or "print," or "publish," or 
 "cause to be advertised," or "cause to be published," or "cause 
 to be printed,") in a newspaper (or whatever the publication 
 was) called (here give name of newspaper or other publication) 
 having a general circulation in said city ( or " which was sold or 
 offered for sale in said city") an advertisement (or "notice," or 
 whatever it was) of the character described in section 1463 of 
 the Revised Municipal Code of Chicago of 1905, 
 
 PUBLIC CARTS, EXPRESS WAGONS, FURNITURE VANS, 
 TRUCKS, DRAYS, ETC. 
 The penal provisions on this subject are found in sections 
 2332, p. 626, 2334, p. 627, and 2346, p. 630, R. M. C. of 1905, 
 Chapter LXIX, 
 
 (forms OMITTED.) 
 
 RAILWAYS— MISCELLANEOUS. 
 
 The penal provisions on this subject are found in sections 
 1997-2003, pp. 530-532, R. M. C. of 1905, Chapter LIII. 
 
 (forms OMITTED.) 
 
 RANDOLPH STREET MARKET. 
 The penal provisions on this subject are found in section 1393, 
 p. 391, R. M. C. of 1905, Chapter XXXVIII. 
 (forms omitted.)
 
 506 PRACTICE IN THE MUNICIPAL COURT. 
 
 KOOFIXC. 
 The penal provisions on this snbjeel are found in section 2014, 
 p. r)35, R. M. C. of 1905, Chapter LIV. 
 (forms omitted.) 
 
 RUNNERS. 
 The penal provisions on this subject are found in section 2025,. 
 p. 539, R. M. C. of 1905, Chapter LV. 
 (forms omitted.) 
 
 SAIL BOATSi,— LICENSING OF. 
 
 The ordinance on this subject was passed Feb. 5, 1905, and 
 
 is found in the printed council proceedings of that date on p. 
 
 2604. Its penal provisions are contained in section 7 on p. 2604. 
 
 (forms omitted.) 
 
 SALOONS AND DRAM SHOPS. 
 
 The penal provisions on this subject are found in sections 
 
 1341-1344, pp. 378-379 and sections 1346-1352, pp. 379-382, R. 
 
 M. C. of 1905, Chapter XXXVI. For forms see title "Liquor," 
 
 ante. 
 
 SCAVENGERS. 
 
 The penal provisions on this subject are found in an ordinance 
 
 passed March 27. 1905, set forth on pajres 703-705, R. M. C. of 
 
 1905. 
 
 (forms omitted.) 
 
 SECOND HAND DEALERS AND KEEPERS OF JUNK 
 
 SHOPS. 
 
 The penal provisions under this head are found in sections 
 
 2029 and 2030, p. 541, section 2034, p. 542, section 2040, p. 543, 
 
 section 2046, p. 544, sections 2049-2052, pp. 544-545, and section 
 
 2055. p. 545. R. M. C. of 1905, Chapter LVII. 
 
 (forms omitted.) 
 
 SELLING STREET CAR TRANSFERS. 
 The penal provisions on this subject are found in section 
 1500a, p. 416, R. M. C. of 1905, Chapter XXXIX. 
 (forms omitted.)
 
 CHICAGO MUNICIPAL CODE. 5U7 
 
 SEWER CONNECTIONS. 
 The penal provisions on this subject are found in section 1930, 
 p. 513, R. M. C. of 1905, Chapter LII. 
 (forms omitted.) 
 
 SHOOTING GALLERIES, RIFLE RANGES AND GUN 
 
 CLUBS. 
 The penal provisions on this subject are found in section 2060, 
 p. 547, R. M. C. of 1905, Chapter LVIII. 
 (forms omitted.) 
 
 SIDEWALKS— CONSTRUCTION OF. 
 The penal provisions on this subject are found in section 2079, 
 p. 556, R. M. C. of 1905, Chapter LIX. 
 (forms omitted.) 
 
 SIDEWALKS— DUMPING CLAY ON. 
 The ordinance on this subject was passed Feb. 5, 1906, and is 
 found in the printed council proceedings of that date on p. 2504. 
 Its penal provisions are contained in section 2 on p. 2504. 
 (forms omitted.) 
 
 SIDEWALKS— FORBIDDEN USES OF. 
 The penal provisions on this subject are found in sections 
 2085-2091, pp. 557-558, R. M. C. of 1905, Chapter LIX. 
 (forms omitted.) 
 
 SIDEWALKS— GRADE OF. 
 
 The ordinance on this subject is an amendment of section 2073 
 of the Revised Municipal Code of Chicago of 1905, and was 
 passed Feb. 14, 1906, and is found in the printed council pro- 
 ceedings of that date on p. 2660. Its penal provisions are con- 
 tained in section 1 on p. 2660. 
 
 (forms omitted.) 
 
 SIDEWALKS— OPENINGS IN. 
 
 The penal provisions on this subject are found in an ordinance 
 passed May 22, 1905, set forth on page 705, R. M. C. of 1905. 
 (forms omitted.)
 
 508 PRACTICE IN THE MUNICIPAL COURT. 
 
 SIDEWALKS— SPACE BENEATH. 
 The penal provisions on this subject are found in section 2103, 
 p. 561, and section 2107, p. 562, R. M. C. of 1905, Chapter LIX. 
 (forms omitted.) 
 
 SIDEWALKS— STORAGE ON. 
 The penal provisions on this subject are found in sections 
 2081-2083, pp. 556-557, R. M. C. of 1905, Chapter LIX. 
 (forms omitted.) 
 
 SIGNS. 
 The penal provisions on this subject are found in section 2180, 
 p. 578, and section 2186, p. 580, R. M. C. of 1905, Chapter LXI. 
 
 (forms omitted.) 
 
 SIGNS— ILLU.AIIXATED ON ELEVATED PLATFORMS. 
 The ordinance on this subject was passed June 12, 1905, and 
 is found in the ])rinted council proceedings of that date on p. 
 554. Its penal provisions are contained in section 3 on p. 554. 
 
 (forms omitted.) 
 
 SLAUGHTERING AND RENDERING. 
 The penal provisions on this subject are found in section 1218, 
 p. 348, R. M. C. of 1905, Chapter XXXII. 
 (forms omitted.) 
 
 SLEEPING ROOMS IN BAKERY, PACKING-HOUSE OR 
 FOOD STORE. 
 
 The penal pi'ovisious on this subject are found in section 1304, 
 p. 368, R. M. C. of 1905, Chapter XXXII. 
 (forms omitted.) 
 
 SMOKE. 
 
 The penal provisions on this subject are found in section 2213 
 
 (as amended by ordinance of January 2, 1906, Council Proceed- 
 
 inc,T?, p. 1990), pp. 589-590, section 2215, p. 591, section 2224, 
 
 p. 595, and section 2230, p. 597, R. M. C. of 1905, Chapter 
 
 LXTV. 
 
 (forms omitted.)
 
 CHICAGO MUNICIPAL CODE. 509 
 
 SOAP FACTORIES. 
 The penal provisions on this subject are found in section 
 2190, p. 581, R. M. C. of 1905, Chapter LXII. 
 
 (forms omitted.) 
 
 SPIKES IN RAILINGS AND FENCES. 
 
 The penal provisions on this subject are found in section 
 1445, p. 401, R. M. C. of 1905, Chapter XXXIX. 
 
 (forms omitted.) 
 
 SPILLING OIL ON ASPHALT PAVEMENT. 
 
 The penal provisions on this subject are found in section 
 1500, pp. 415-416, R. M. C. of 1905, Chapter XXXIX. 
 
 (forms omitted.) \ 
 
 SPITTING ON SIDEWALKS, &C. 
 The penal provisions on this subject are found in section 
 1493, p. 414, R. M. C. of 1905, Chapter XXXIX, as amended 
 by the ordinance of February 26, 1906, and found on pp. 2772- 
 2773 of printed council proceedings of that date. 
 
 forms. 
 (Section 1493, page 414.) 
 
 (1.) 
 did then and there spit upon the floor of a certain street car, 
 the same being a public conveyance (or "theater," or "hall," 
 or "assembly room," or "public building"), to wit (here de- 
 scribe location of car, theater, hall, assembly room or public 
 building), 
 
 (2.) 
 did then and there spit upon a public sidewalk on (here insert 
 name of street), near (here insert name of street it was near), 
 in said city, 
 
 SPRINKLING LAWNS. 
 
 The ordinance on this subject is an amendment of section 
 2408 of the Revised Municipal Code of Chicago of 1905, and 
 was passed June 5, 1906, and is found in the printed council
 
 510 PRACTICE IN THE MUNICIPAI. COURT. 
 
 proceedings of that date on p. 645. Its penal pi-ovisious are 
 contained in section 1 on p. G45. 
 
 (forms OMITTED.) 
 
 STALLS WHERE MEAT, FISH OR VEGETABLES ARE 
 SOLD— CLEANLINESS OF. 
 The penal provisions on this subject are found in section 
 1168, p. 334, R. M. C. of 1905, Chapter XXXTI. 
 
 FORMS. 
 
 (Section 1168, page 334.) 
 was then and there the owner (or "lessee," or "occupant"), 
 of a certain room (or "stall," or "place") where certain meat 
 (or "fish," or "vegetables") designed (or "held"), for human 
 food was then and there stored (or "kept," or "held for sale," 
 or "offered for sale"), and did then and there fail and neglect 
 to keep said room (or "stall," or "place"), and its appur- 
 tenances in a clean and wholesome condition, 
 
 STATIONARY ENGINEERS. 
 The penal provisions on this subject are found in section 
 2199, pp. 583-584, R. M. C. of 1905, Chapter LXIII. 
 
 (forms OMITTED.) 
 
 STEAM BOILERS AND STEAM PLANTS. 
 The penal provisions on this subject are found in section 
 2213, pp. 589-590, section 2215, p. 591, section 2224, p. 595, 
 and section 2230, p. 597, R. M. C. of 1905, Chapter LXIV. 
 
 (forms OMITTED.) 
 
 STEAM RAILWAYS. 
 The penal provisions on this subject are found in sections 
 1978-1993, pp. 526-529, R. M. C. of 1905, Chapter LIII. 
 
 (forms OMITTED.) 
 
 STEAM WHISTLES. 
 The penal provisions on this subject are found in section 
 2235, p. 598, R. M. C. of 1905, Chapter LXV. 
 
 (forms OMITTED.)
 
 CHICAGO MUNICIPAL CODE. 511 
 
 STREET CARS— SPEED OF NEAR SCHOOL HOUSES. 
 The ordinance on this subject was passed Feb. 26, 1906, and 
 is found in the printed council proceedings of that date on pp. 
 2701-2702. Its penal provisions are contained in section 2 on 
 p. 2702. 
 
 (forms omitted.) 
 
 STREET RAILWAYS. 
 The penal provisions on this subject are found in section 
 1942, p. 517, sections 1948-1951, pp. 519-520, section 1953, p. 
 520, section 1955, pp. 520-521, and section 1957-1977, pp. 521- 
 526, R. M. C. of 1905, Chapter LIII. 
 
 (forms omitted.) 
 
 STREETS AND ALLEYS AND PLACES UNDER SIDE- 
 WALKS—USE OF BY PRIVATE PERSONS. 
 The ordinance on this subject was passed Feb. 5, 1906, and 
 is found in the printed council proceedings of that date on pp. 
 2620-2623. Its penal provisions are contained in section 10 on 
 p. 2623. 
 
 (forms omitted.) 
 
 STREETS— MISCELLANEOUS PROVISIONS. 
 The penal provisions on this subject are found in sections 
 2122, 2126 and 2127, p. 566, section 2129, p. 567, sections 2131, 
 2132, 2134-2138, pp. 568-569, section 2147, p. 571, section 2152, 
 pp. 571-572, and section 2156, p. 572, R. M. C. of 1905, Chapter 
 LX. 
 
 (forms omitted.) 
 
 STREETS— REMOVING SOD OR EARTH FROM. 
 The penal provisions on this subject are found in section 
 1495, p. 414, R. M. C. of 1905, Chapter XXXIX. 
 (forms omitted.) 
 
 SIDEWALKS AND OTHER PUBLIC PLACES— THROW- 
 ING GLASS BOTTLES AND OTHER ARTICLES ON. 
 The ordinance on this subject was passed May 28, 1906, and 
 
 is found in the printed council proceedings of that date on p. 
 
 514. Its penal provisions are contained in section 2 on p. 514. 
 (forms omitted.)
 
 512 PRACTICE IN THE MUNICIPAL COURT. 
 
 TANNERIES. 
 The penal provisions on this subject are found in section 
 2248, p. 602, R. M. C. of 1905, Chapter LXVII. 
 (forms omitted.) 
 
 TENEMENT AND LODGING HOUSES. 
 The penal provisions on this subject are found in section 
 1235, p. 352, R. M. C. of 1905, Chapter XXXII. 
 (forms omitted.) 
 
 THEATER HATS. 
 The penal provisions on this subject are found in sections 
 1414 and 1415, p. 396, R. M. C. of 1905, Chapter XXXIX. 
 
 forms. 
 (Section 1414, page 396.) 
 did then and there wear a certain hat (or "bonnet") within 
 (here insert name of theater) theater, which said theater was 
 then and there a licensed theater, in said city, during the time 
 that a performance was then and there taking place, 
 
 THINGS DETRIMENTAL TO HEALTH. 
 The penal provisions on this subject are contained in section 
 1303, p. 368, R. M. C. of 1905, Chapter XXXII. 
 
 (forms omitted.) 
 
 THROWING MISSILES. 
 The penal provisions on this subject are found in section 
 1497, p. 415, R. M. C. of 1905, Chapter XXXIX. 
 (forms omitted.) 
 
 TICKERS. 
 The penal provisions on this subject are found in section 
 2258, p. 605, R. M. C. of 1905, Chapter LXVIII. 
 (forms omitted.) 
 
 TIRES ON VEHICLES. 
 The penal provisions on this subject are found in sections 
 2113, p. 564, R. M. C. of 1905, Chapter LX. 
 (forms omitted.)
 
 CHICAGO MUNICIPAL CODE. 513 
 
 TREES, SHRUBS AND GRASS PLATS. 
 The penal provisions on this subject are found in sections 
 1432 and 1433, pp. 339-400, R. M. C. of 1905, Chapter XXXIX. 
 (forms omitted.) 
 
 TUNNELS. 
 The penal provisions on this subject are found in section 
 1431, p. 399, R. M. C. of 1905, Chapter XXXIX. 
 
 FORMS. 
 
 (Section 1428, page 398.) 
 
 (1.) 
 did then and there lead (or "drive") into a certain tunnel 
 
 located on street in said city a certain cart (or 
 
 whatever the vehicle was) then and there loaded with loose 
 
 hay (or "with loose straw," or "with , then and 
 
 there a bulky material," or " with . . . ijjt^^ , then and 
 
 there a combustible material"), 
 
 (2.) 
 did then and there lead (or "drive") into a certain tunnel 
 
 ilocated on street in said city a certain vehicle, 
 
 :the dimensions of which, including its load, then and there ex- 
 )ceeded eight feet in width, 
 
 (Section 1428, page 398.) 
 did then and there ride (or "lead," or "drive") a certain 
 ;horse (or whatever the animal was, or "vehicle") through a 
 
 icertain tunnel in said city to wit : a tunnel on 
 
 street, at a greater speed than four miles an hour, 
 
 (Section 1429, page 399.) 
 did then and there drive (or "assist in driving") into (or 
 
 -*' through") a certain tunnel located on street 
 
 in said city (or "the approach of a certain 
 
 tunnel located on street in said city") a certain horse (or "cer- 
 tain cattle" or whatever the animal was), 
 
 TUNNELS— SAFETY OF PERSONS WORKING IN. 
 
 The ordinance on this subject Avas passed March 30, 1906, 
 and is found in the printed council proceedings of that date on 
 33
 
 514 PRACTICE IN THE MUNICIPAL COURT. 
 
 pp. 3312-3313. Its penal provisions are contained in section 7 
 on p. 3313. 
 
 (forms omitted.) 
 
 UNDERTAKERS. 
 
 The penal provisions on this subject are foiuad in section 
 1248, p. 356, and section 1251, p. 357, R. M. C. of 1905, Chapter 
 XXXII. 
 
 (forms omitted.) 
 
 UNHEALTHFUL BUSINESS. 
 The penal provisions on this subject are found in section 
 1305, p. 368, R. M. C. of 1905, Chapter XXXII. 
 (forms omitted.) 
 
 UNLAWFUL USE OF PREMISES. 
 The penal provisions on this subject are found in section 
 1301, p. 367, R. M. C. of 1905, Chapter XXXII. 
 (forms omitted.) 
 
 UNWHOLESOME AND ADULTERATED FOOD, DRUGS, 
 
 WATER, &C. 
 
 The penal provisions on this subject are found in section 
 1160, p. 333, and sections 1164-1171, pp. 333-335, R. M. C. of 
 1905, Chapter XXXII. 
 
 (forms.) 
 (Section 1160, page 333.) 
 
 (1.) 
 
 was then and there the agent (or "employe") of one , 
 
 (or "the agent of one . .then and there a corpora- 
 tion, " or "an employe of one then and there a 
 
 corporation,") and did then and there keep for sale (or "offer 
 for sale," or "offer for exchange," or "sell," or "deliver," or 
 
 "expose for sale,") a certain drug, to wit: , 
 
 which said drug did not then and there conform to the rules 
 and standards of the United States Pharmacopoeia, 
 
 (2.) 
 did then and there keep for sale (or "offer for sale," or "offer 
 for exchange," or "sell," or "deliver," or "expose for sale,")j
 
 CHICAGO MUNICIPAL CODE, 515 
 
 certain water (or "liquids," or "food") which was then and 
 there impure (or "unwholesome," or "adulterated"), 
 
 (3.) 
 
 was then and there the agent (or "employe") of one 
 
 (or "agent of one then and there a corpora- 
 tion, " or "an employe of one then and there a 
 
 corporation"), and did then and there keep for sale (or "offer 
 for sale," or "offer for exchange," or "sell," or "deliver," or 
 "expose for sale,") certain water (or "liquids," or "food,") 
 to which a certain harmful (or "injurious") foreign substance 
 to wit (here specify substance) had been added, 
 
 UNWHOLESOME VEGETABLES. 
 The penal provisions of this subject are found in section 
 1165, p. 334, R. M. C. of 1905, Chapter XXXII. 
 
 (forms.) 
 (Section 1165, page 334.) 
 
 (1.) 
 did then and there cause to be brought into said city certain 
 decayed (or "unwholesome") vegetables intended to be con- 
 sumed (or "sold," or "offered for sale"), for human food, 
 
 (2.) 
 did then and there keep (or "store") in said city certain de- 
 cayed (or "unwholesome" vegetables, 
 
 VACCINATION. 
 The penal provisions on this subject are found in section 
 1257, p. 358, R. M. C. of 1905, Chapter XXXII. 
 (forms omitted.) 
 
 VAGABONDS AND VAGRANTS. 
 The penal provisions on this subject are found in section 
 1476, pp. 409-410, R. M. C. of 1905, Chapter XXXIX. 
 
 (forms.) 
 
 (1.) 
 
 was then and there an idle and dissolute person, 
 
 (2.) 
 did then and there go about begging,
 
 516 PRACTICE IN THE MUNICIPAL COURT. 
 
 (3.) 
 did then and there use a shell game (or "sleight of hand," or 
 ''juggling trick," or whatever other unlawful game was used,) 
 to cheat, defraud, and unlawfully obtain money and t)ther val- 
 uable things, 
 
 (4.) 
 was then and there a pilferer, 
 
 (5.) 
 was then and there a confidance man, 
 
 (6.) 
 was then and there a common drunkard, 
 
 (7.) 
 was then and there a common night walker, 
 
 (8.) 
 was then and there lewd, wanton, and lascivious in speech and 
 behavior, 
 
 (9.) 
 was then and there a common brawler, 
 
 (10.) 
 was then and there habitually neglectful of his employment (or 
 "his calling") and did not lawfully provide for himself (or 
 "for the support of his family,") 
 
 (11.) 
 was then and there idle (or "dissolute") and did then and there 
 neglect all lawful business, and did then and there habitually 
 misspend his time by frequenting houses of ill fame, gambling 
 houses and tippling shops, 
 
 (12.) 
 was then and there lodging in (or "found in the night-time 
 in") an out house (or "shed," or "barn," or "unoccupied 
 building," or "in the open air,") and did not then and there 
 give a good account of himself, 
 
 (13.) 
 was then and there a thief (or "burglar," or "pickpocket,") 
 by his owTi confession (or "by his having been convicted of
 
 CHICAGO MUNICIPAL CODE. 517 
 
 larceny," or "by his having been convicted of burglary," or 
 
 ' ' by his having been convicted of the crime of , 
 
 punishable by imprisonment in the state prison," or "by his 
 having been convicted of the crime of , punish- 
 able by imprisonment in a house of ocrrection,") and did then 
 and there have no lawful means of support and was then and 
 there habitually found prowling around a steamboat landing, 
 (or "a railroad depot," or "a banking institution," or "a 
 broker's office," or "a place of public amusement," or "an 
 auction room," or "a store," or "a shop," or "a crowded 
 thoroughfare," or "a crowded car," or "a crowded omnibus," 
 or "at a public gathering," or "at a public assembly," or 
 "lounging about a court room," or "lounging about a private 
 dwelling house," or "lounging about an out house," or "in a 
 house of ill fame," or "in a gambling house," or "in a tip- 
 pling shop,") 
 
 (14.) 
 was then and there a vagabond, 
 
 VEHICLES. 
 The penal provisions on this subject are foimd in sections 
 2272 and 2273, p. 611, section 2281, p. 613, sections 2293 and 
 2294, p. 617, sections 2297 and 2299, p. 618, section 2311, p. 
 621, section 2324, p. 624, section 2332, p. 626, section 2334, p. 
 627, section 2346, p. 630, section 2352, p. 632, section 2354, p. 
 633, section 2366, p. 635, and sections 2374, 2375 and 2377, p. 
 637, R. M. C. of 1905, Chapter LXIX. 
 (forms omitted.) 
 
 VEHICLE SIGN. 
 
 The penal provisions on this subject are found in section 
 1125, p. 321, E. M. C. of 1905, Chapter XXXII. 
 
 (forms.) 
 
 he being then and there in possession (or "charge," or "con- 
 trol") as driver (or "operator") of a certain wagon (or 
 
 " ") which was then and there a vehicle used 
 
 in and about the business of vending milk, did then and there 
 drive (or "operate," or "cause to be driven," or "cause to be 
 operated") said wagon (or " ") in violation of a
 
 518 PRACTICE IN THE MUNICIPAL COURT. 
 
 certain provision of Section 1125, of Article 15, of the Revised 
 Municipal Code of Chicago of 1905, which said provision was 
 then and there in the words and figures following, to wit : (here 
 insert name of provision), 
 
 WATER. 
 
 The penal provisions on this subject are found in section 
 2384, p. 654, sections 2388 and 2389, pp. 655-656, section 2398, 
 p. 659, section 2406, p. 661, sections 2451 and 2452, pp. 685- 
 686, R. M. C. of 1905, Chapter LXI. 
 
 (forms OMITTED.) 
 
 WATER FROM ROOFS. 
 
 The penal provisions on this subject are found in section 
 1298, p. 367, R. M. C. of 1905, Chapter XXXII. 
 (forms omitted.) 
 
 WEAPONS— CONCEALED. 
 
 The penal provisions on this subject are found in section 
 2459, p. 688, R. M. C. of 1905, Chapter LXXII. 
 (forms omitted.) 
 
 WEAPONS— DEADLY. 
 
 The penal provisions on this subject are found in sections 
 2460 and 2461, p. 688, R. M. C. of 1905, Chapter LXXII. 
 (forms omitted.) 
 
 WEIGHERS. 
 
 The penal provisions on this subject are found in section 
 2496, p. 696, R. M. C. of 1905, Chapter LXXIV. 
 ' (forms omitted.) 
 
 WEIGHTS AND MEASURES. 
 
 The penal provisions on this subject are found in section 
 2469, p. 690, and sections 2477-2484, pp. 692-694, R. M. C. of 
 1905, Chapter LXXIII. 
 
 (forms omitted.)
 
 CHICAGO MUNICIPAL CODE. 519 
 
 WHOLESALE MALT LIQUOR DEALERS. 
 
 The penal provisions on this subject are found in section 
 1368, p. 385, R. M. C. of 1905, Chapter XXXVI. 
 (forms omitted.) 
 
 WHOLESALE SPIRITUOUS LIQUOR DEALERS. 
 
 The penal provisions on this subject are found in section 
 1372, p. 387, R. M. C. of 1905, Chapter XXXVI. 
 (forms omitted.) 
 
 WHOLESALE VINOUS LIQUOR DEALERS. 
 
 The penal provisions on this subject are found in section 
 1378, p. 388, R. M. C. of 1905, Chapter XXXVI. 
 (forms omitted.) 
 
 WORK SHOPS. 
 
 The penal provisions on this subject are found in section 
 1266, p. 360, and sections 1270 and 1271, p. 361, R. M. C. of 
 1905, Chapter XXXII. 
 
 (forms.) 
 Section 1266, page 360.) 
 
 (1.) 
 was then and there an employer of females in a certain mer- 
 cantile business (or "manufacturing business," or "occupa- 
 tion") and did then and there neglect and fail to provide and 
 maintain seats for the use of certain female employes then and 
 there employed in said , 
 
 (2.) 
 was then and there an employer of females in a certain mercan- 
 tile business (or "manufacturing business," or "occupation") 
 and did then and there neglect and fail to permit to a reason- 
 able extent the use of certain seats then and there located in 
 said mercantile business (or "manufacturing business," or "oc- 
 cupation") by certain female employes then and there employed
 
 520 PRACTICE IN THE MUNICIPAL COURT. 
 
 in said business during the hours of their employment for the 
 preservation of their health, 
 
 (3.) 
 was then and there an employer of females in a certain mercan- 
 tile business (or "manufacturing business," or ** occupation") 
 and did then and there fail to furnish seats therein for the use 
 of said female employes at the ratio of one seat for every four 
 female employes,
 
 CHAPTER III. 
 
 PENAL PROVISIONS OF MUNICIPAL CORPORATIONS 
 OTHER THAN THE CITY OF CHICAGO, SIT- 
 UATED IN WHOLE OR IN PART WITHIN 
 THE LIMITS OF THE CITY. 
 
 The other Municipal Corporations situated in whole or in part 
 within the limits of the city of Chicago are the following: 
 
 1. The South Park Commissioners. 
 
 2. The Lincoln Park Commissioners. 
 
 3. The West Chicago Park Commissioners. 
 
 4. The Sanitary District of Chicago. 
 
 It has been impossible for the author, in the limited time 
 within which he has felt it necessary to complete this work, 
 to collect the penal provisions of the ordinances of these cor- 
 porations or to prepare forms to be used in bills of particulars 
 and complaints. 
 
 The practice in these cases will be the same as in other quasi 
 criminal cases, and the forms of bills of particulars and com- 
 plaints will be the same as in cases of violations of the Municipal 
 Code of Chicago. 
 
 521
 
 PART VI. ADMINISTRATION. 
 
 CHAPTER I. 
 ADMINISTRATION IN OTHER COURTS. 
 
 In its administrative features the municipal court differs 
 radically from all the other courts of this state. For the pur- 
 pose of comparison a brief reference will be made to the courts 
 of this county. The circuit court of Cook county consists of 
 fourteen judges and the superior court of Cook county of 
 twelve. Each has a chief justice, who is selected for the term 
 of one year by the judges themselves from one of their own 
 number. His powers and duties are limited to presiding at 
 such meetings of the judges as they may see fit to hold, and 
 to signing his name to such documents as are required by law 
 to be signed by the presiding judge of the court. Each judge 
 is entirely independent of every other judge and has the power 
 to adopt and enforce, in the branch court over which he pre- 
 sides, such rules of practice, not inconsistent with law, as he 
 may deem proper, regardless of the rules which may be adopted 
 and in force in other branches of the court. Whatever arrange- 
 ments are made between judges respecting uniformity of rules 
 of practice, and the division and disposition of the business 
 of the court, are purely voluntary. One judge may declare a 
 statute or a municipal ordinance constitutional and valid, and 
 another may declare it unconstitutional or invalid. So too, one 
 judge may, after due consideration, pronounce a judgment of 
 conviction in a criminal case, and thereupon another judge may, 
 upon an application for a writ of habeas corpus, declare such 
 judgment invalid and discharge the party convicted. The crim- 
 inal court has no judges of its own, its branches being held by 
 the judges of the circuit and superior courts. 
 
 Each of these three courts has a clerk, who is elected by the 
 people and holds his office for the term of four years. In 1905 
 the clerk of the circuit court had fifty-seven deputies whose 
 compensation was $78,380; the clerk of the superior court had 
 
 522
 
 ADMINISTRATION IN OTHER COURTS. 523 
 
 forty-tliree deputies whose compensatiou was $60,110, and the 
 clerk of the criminal court thirty-seven deputies, whose compen- 
 sation was $51,900, making- in all one hundred and thirty-seven 
 deputies whose total compensation was $190,390. While the 
 number of these deputies was, in accordance with the provisions 
 of the constitution, fixed by the judges of the circuit court, all 
 appointments and removals were under the sole control of the 
 clerks and the salaries were fixed by the county board. 
 
 It is a matter of common Imowledge that appointments of 
 deputies are, to a great extent, made for political reasons, and 
 are apportioned among the party organizations in the various 
 wards, and the selection for appointments are made, not by the 
 clerks, but by the leaders of the party organizations. 
 
 The sheriff is also an elective officer. He had in 1905 one 
 hundred and forty-one deputies, bailiffs and other assistants, 
 who were assigned to the duty of attendance upon the courts, 
 the serving of process, and work in the sheriff's office proper. 
 He also had seventy-six employes for the custody and care of 
 the court house, fifty-one employes for the custody and care of 
 the criminal court building and sixty-one employes for the cus- 
 tody of prisoners and the care of the jail. The total salaries 
 of the deputy sheriffs, deputy bailiffs and other assistants in 
 the sheriff's office proper, amounted to $205,120.00, and the 
 total salaries of the other employes of the sheriff aggregated 
 $156,629.60. The number of the sheriff's employes is, in ac- 
 cordance with the constitution, fixed by the judges of the circuit 
 court and the compensation is fixed by the county board. The 
 selection and appointment of deputy sheriffs, bailiffs, and other 
 employes of the sheriff, are made in substantially the same way 
 as above indicated with respect to deputy clerks. With respect 
 to the appointment and removal of deputy clerks and deputy 
 sheriffs and bailiffs, the judges are wholly without power or 
 authority. 
 
 Thus, excluding the employes of the sheriff for the care and 
 custody of the court house, the criminal court building and the 
 jail, and counting only deputy clerks, deputy sheriffs, bailiffs 
 and other employes in the sheriff's office proper, we have a 
 total of two hundred and seventy-eight deputies and employes, 
 whose salaries aggregate $395,510 per annum. 
 
 There is an entire absence of systematic co-operation between 
 the judges and the inferior officers of the court in the inaugura-
 
 524 PRACTICE IN THE MUNICIPAL COURT. 
 
 tion and carrying out of satisfactory methods of transacting 
 business, and it is a matter of common notoriety that the system 
 thus prevailing is unsatisfactory in its results. Its cost to the 
 tax payer is wholly out of proportion to its benefits. The courts 
 mentioned cost the tax payer annually, including about $200,000 
 expended for jurors' fees, over and above all receipts and not 
 including rent, care and custody of court rooms, and not in- 
 cluding the salaries of six judges serving in the appellate court, 
 over $600,000.00. If to this were added a proper charge as 
 rent of court rooms and clerk's and sheriff's offices, based upon 
 the capital invested in the county and criminal court buildings 
 and grounds and for the care and custody of court rooms and 
 clerk's and sheriff's offices, the total net expense of the three 
 courts mentioned, would amount in round niunbers to about 
 $1,000,000 per annum. It is the opinion of the author, arrived 
 at after a careful study of the subject, that this is at least 
 $200,000 in excess of what should be the cost to the tax payer 
 of an administration of justice in those courts which would be 
 satisfactory in its results. At least that amount of public money 
 is annually wasted, to say nothing of the unnecessary expenses 
 caused to individual litigants because of improper methods of 
 transacting business. 
 
 In the circuit court a jury trial in a contested common law 
 case can, ordinarily, only be reached after a delay of about 
 three j^ears. In the superior court a trial in a similar case can 
 only be reached after a delay of about two years. When a case 
 is finally placed upon the trial call for a particular day, it often 
 happens that the parties are compelled to be on hand in court 
 with their witnesses and in w^aiting for several days, and often 
 several weeks, before their cases are finally called for trial. The 
 system of practice which prevails is technical in the highest 
 degree, and productive, oftentimes, of great wrong and injus- 
 tice. This feature of the situation has already been adverted 
 to in preceding chapters of this work and need not be further 
 discussed. 
 
 The business of the courts is divided among the judges by 
 agreement with the result that the judges rotate in their line 
 of work, each serving his proportionate time in the criminal 
 court in the trial of criminal cases, and in the circuit and su- 
 perior courts in the trial of common law cases, and in the hear- 
 ing of chancery matters. The assignment of any judge to a
 
 ADMINISTRATION IN OTHER COURTS. 525 
 
 particular duty is made wholly regardless of his qualifications 
 for properly discharging it. 
 
 Each individual judge has the power to grant writs of injunc- 
 tion, ne exeat, and habeas corpus, and to appoint receivers ; and 
 in the exercise of these powers is subject to no control whatever 
 by his fellow judges or by any other tribunal than the appellate 
 court or the supreme court, whose revisory powers can only be 
 availed of after a delay so long as to make it practically useless 
 to the litigant who has been unjustly dealt with in the court 
 below. 
 
 The administration of the .criminal law, though somewhat 
 improved over that of former years, is still inefficient and un- 
 satisfactory. This is especially so with respect to the class of 
 cases known as misdemeanors, being those eases punishable by 
 fine or imprisonment otherwise than in the penitentiary. The 
 remedy by indictment by the grand jury and the dilatory 
 method of prosecution and trial prevailing in the criminal court, 
 is such as to produce practical immunity for offenders from 
 punishment in numerous classes of cases. 
 
 As an illustration of the cases last referred to attention may 
 be called to violations of the act entitled "An Act to regulate 
 the speed of automobiles and other horseless conveyances upon 
 the public streets, roads and highways of the State of Illinois," 
 approved May 13, 1903. By this act it is declared unlawful to 
 propel an automobile or any other conveyance of a similar type 
 at a rate of speed in excess of fifteen miles per hour upon any 
 road or highway in this state, or at any other rate of speed es- 
 tablished by an ordinance of any city or village upon any street 
 within such city or village. The law declares that any person 
 or persons violating the act shall, upon conviction, be sentenced 
 to pay a fine of not less than $25, nor more than $200^00, or may 
 be confined in the county jail not to exceed three months, or 
 both, in the discretion of the court. Although this act has been 
 in force more than three years, there has never been a single 
 prosecution under it in Cook county, notwithstanding it is a 
 notorious fact that, during a large portion of every year since 
 it went into effect, it has been violated thousands of times daily 
 and its violation has resulted in the loss of many lives and in 
 many personal injuries which, if not fatal, were serious. The 
 only prosecutions in automobile cases have been under city ordi- 
 nances, by the terms of which the maximum punishment is a
 
 526 PRACTICE IN THE MUNICIPAL COURT. 
 
 fine of $50, judgments of conviction, however, being subject 
 to supervision by appeals to the criminal court which, throug'h 
 delay and other causes, generally result in the escape from pun- 
 ishment of the parties convicted. 
 
 A consideration of these and niunerous other evils lead to the 
 adoption of the administrative provisions of the Municipal 
 Court Act which provides that the chief justice in many par- 
 ticulars, and the entire body of judges in others, are to be 
 unfettered in the adoption of any methods of transacting busi- 
 ness which may appear to be calculated to bring about a prompt 
 disposition of causes, and an efficient administration of justice. 
 These features of the act we shall now call attention to.
 
 CHAPTER II. 
 THE CHIEF JUSTICE. 
 
 The chief justice is the business superintendent of the court. 
 Among his powers and duties are the following: 
 
 First. To provide for the holding of as many branch courts 
 in each district as may be necessary for the prompt and proper 
 disposition of the court's work. The duty of providing for such 
 number of branch courts, being made mandatory by section 4 
 of the act, if there are not sufficient municipal court judges 
 to hold the number of branches which may be needed, city court 
 judges and county judges, of whom there are over one hundred 
 in the state outside of Cook county, may, pursuant to section 
 13, be called in for that purpose. 
 
 Second. To exercise a general superintendence over the busi- 
 ness of the court, which carries with it all the powers usually 
 vested in a business superintendent. 
 
 Third. To preside at all meetings of the judges. 
 
 Fourth. To assign the associate judges to duty in the branch 
 courts, to receive their monthly reports, and to determine the 
 times of their vacations, which are not to exceed thirty-six days 
 each in any one year. ( Section 8. ) 
 
 Fifth. To superintend the preparation of the calendars of 
 cases for trial, to make such classification and distribution of 
 the cases upon different calendars as he shall deem proper, and 
 to determine the order in which cases shall be tried. (Sections 
 8 and 36.) The chief justice is thus vested with a discretion 
 which is necessary to a prompt disposition of the business and 
 a proper distribution of the cases among the several judges. 
 Pie will thus be enabled to secure a prompt disposition, of each 
 day's business by causing the transfer of cases from the calen- 
 dar of one judge who may not be able to dispose, during the 
 day, of the business allotted to him for that day, to the calendar 
 of another judge who may be able, not only to complete the 
 work of his own calendar but to assist in completing that of 
 another judge. This power, together with that of assigning' 
 
 527
 
 528 PRACTICE IN THE MUNICIPAL COURT. 
 
 the associate judges to duty in the branch courts, will also 
 enable the chief justice to assign the associate judges to the 
 disposition of such business as they may respectively appear 
 best able and qualified to handle. As a prudent manufacturer, 
 having a large number of departments in his business, would 
 not select his heads of departments indiscriminately or by lot, 
 or by a system of rotation, so a prudent chief justice will not 
 assign associate judges to duty regardless of their fitness to 
 properly perform the work to which they are assigned. 
 
 Sixth. To determine the number of petit jurors to be sum- 
 moned from time to time, and to cause them to be interrogated 
 and their qualifications to be inquired into. (Sections 25 and 
 26.) The act provides that jurors for the municipal court shall 
 be selected by the jury commissioners of Cook county in the 
 same manenr as jurors are selected for the circuit, superior 
 and criminal courts. The selection thus made by the jury com- 
 missioners is to be followed, upon the appearance of the jurors, 
 by a preliminary inquiry as to their qualifications under the 
 direction of the chief justice, and it is made his duty to reject 
 from service as jurors all persons who do not appear to possess 
 the qualifications required by law. The provisions of the law 
 are that jurors shall be persons "in the possession of their 
 natural faculties and not infirm or decrepit, free from all legal 
 exceptions, of fair character, of approved integrity, of sound 
 judgment, well informed, and who understand the English lan- 
 guage. " These qualifications prescribed by law are such as to 
 insure the selection of thoroughly competent and satisfactory 
 jurors, if the provisions of the law are strictly and faithfully 
 enforced. The municipal court act expresses in terms too plain 
 to be misunderstood its mandate that no juror shall be ac- 
 cepted by the chief justice for service in the municipal court, 
 imless he possesses the qualifications required by law. 
 
 This power will enable the chief justice to have regard for 
 economy in the summoning of jurors. Only so many should be 
 summoned as are actually required to do the work of trjnng 
 jury cases, and those summoned should be kept employed. In 
 the circuit, superior and criminal courts twenty-four jury-men 
 are summoned to attend each trial judge. Sometimes the entire 
 twenty-four are idle for one or more days at a time at an ex- 
 pense to the county of forty-eight dollars a day, while the judge 
 is engaged in trying some case without a jury, or is sick or ab-
 
 THE CHIEF JUSTICE. 529 
 
 sent. This waste of money need not and should not, take place 
 in the municipal court. 
 
 Not only should care be taken in examining into the qualifica- 
 tions of jury-men and rejecting from the panel all who do not 
 appear to possess the statutory qualifications, but after jurors 
 are accepted for service they should be carefully instructed by, 
 or under the direction of, the chief justice with respect to their 
 duties as jury -men. It will be practicable and expedient for 
 the chief justice to prepare, or cause to be prepared, a small 
 pamphlet on this subject containing brief explanations of the 
 terms in most common use in a trial by jury, of the differences 
 between trials in civil cases and trials in criminal cases, and 
 such other information as will be useful. Care should be taken 
 to impress the jurors with the responsibility of their position 
 as jury-men, and the necessity for, as well as the expediency 
 of, absolute integrity and impartiality in the discharge of their 
 duties. 
 
 Seventh. To prescribe forms of praecipes, summonses, en- 
 tries of appearance, affidavits, bonds, attachment writs, replevin 
 writs, petitions for changes of venue, bills of particulars, and 
 all other papers necessary for the use of parties to suits. (Sec- 
 tion 44.) One of the purposes of the municipal court act is 
 to avoid controversies respecting matters of form. This is 
 especially true with respect to civil cases involving $1,000 or 
 less. As the law imposes upon the chief justice the duty of 
 prescribing these forms, it follows that, when prescribed by 
 him, they are presumed to be correct and proper and will not 
 be subject to question upon appeal or writ of error, excepting 
 where, otherwise, there might be a failure of justice. 
 
 Eighth. To supervise the keeping by the clerk and the bailiff 
 of their accounts. The fees and other moneys collected by the 
 clerk and the bailiff are required to be paid into the city treas- 
 ury. It is essential that they should keep correct and accurate 
 accounts, and it is made the duty of the chief justice to see to 
 it that their accounts are accurately and properly kept. 
 
 Ninth. To superintend the keeping of the records of the 
 court and to prescribe abbreviated forms of entries. If the 
 records of the municipal court were to be written up and pre- 
 served in the same manner as the records of the circuit and 
 superior courts only a few years would elapse until an enor- 
 mous expense would be imposed upon the city for their storage 
 34
 
 530 PRACTICE IN THE MUNICIPAL COURT. 
 
 and preservation. There are multitudes of orders occupying 
 half a page of an ordinary record book which could be quite as 
 well expressed in an abbreviated form by a single line. Power 
 is properly given to the chief justice to accomplish this reform, 
 and thus save the city not only the expense of unnecessary rec- 
 ord books and storage room therefor, but the additional clerk 
 hire necessary to the writing up of the records as they are now 
 written in the circuit, superior and criminal courts. This 
 method of keeping the records will be further mentioned in a 
 subsequent chapter. (Chap. IV, Part VI post.) 
 
 Tenth. In addition to the duties expressly imposed upon 
 the chief justice, it will be his duty generally to do everything 
 he may be able to do towards the adoption of such methods of 
 transacting the business of the court as may be calculated to 
 secure the prompt trial and disposition of cases and just deci- 
 sions, with the least possible inconvenience and expense to the 
 parties litigant and the witnesses who may be compelled to 
 attend court, and to make the court as little burdensome to the 
 tax payer as may be consistent with its efficiency. To succeed 
 in disposing of all of the business of the court with only twenty- 
 seven associate judges and a reasonable number of deputy clerks 
 and deputy bailiffs may be a task of some difficulty. 
 
 The number of the justices of the peace and police magistrates 
 within the city of Chicago is fifty-two and the number of con- 
 stables within the same territory one hundred ninety-six. Each 
 justice of the peace employs a clerk, making fifty-two clerks 
 and the police courts also have eighteen clerks and eighteen 
 bailiffs. The jurisdiction of these justices of the peace extends 
 throughout the county and embraces all quasi criminal cases 
 and civil cases at law, other than those for injuries to the per- 
 son (such as actions on the case for injuries to the person, 
 slander, libel, assault and battery, false imprisonment and ma- 
 licious prosecution), when the amount claimed in money or 
 personal property does not exceed $200, and in criminal cases 
 punishable by fine only, not exceeding $200, in search warrant 
 cases, and in preliminary examinations in criminal cases. 
 
 The jurisdiction of the municipal court is much more exten- 
 sive than this as its direct jurisdiction embraces all the cases 
 of the classes of which justices of the peace have jurisdiction, 
 and in addition thereto the above mentioned cases for injuries 
 to the person, when the amount claimed in money or personal 
 
 I
 
 THE CHIEF JUSTICE. 531 
 
 property does not exceed $1,000. It also has direct jurisdiction 
 of all actions on contracts, actions of replevin, actions of trover 
 and actions for injuries to personal property, without limit as 
 to the amount. Its direct jurisdiction in criminal cases ex- 
 tends to all misdemeanors punishable by fine or imprisonment 
 otherwise than in the penitentiary. In addition to this it may 
 have, by a transfer from the circuit court, superior court and 
 criminal court, jurisdiction of any case at law or in equity. 
 
 Should the tv/enty-eight judges with not over one hundred 
 deputy clerks and not over one hundred deputy bailiffs, suc- 
 ceed in properly transacting, not only all the business trans- 
 acted by these fifty- two justices of the peace, with their seventy 
 clerks, and two hundred and four constables and bailiffs, but 
 also dispose of a large amount of other business, it is apparent 
 it must be because the administrative features of the Municipal 
 Court Act favors such reforms in the method of transacting 
 business as to permit the accomplishment of this result, and be- 
 cause the chief justice is a good executive officer and is diligent 
 in the discharge of his duties. 
 
 Eleventh. It will also be the duty of the chief justice to per- 
 form such work in the trial and disposition of causes as he may 
 be able to perform. This judicial work should be mainly the 
 hearing of motions and other matters which present questions 
 of practice. The decisions of the municipal court upon matters 
 of practice are not subject to review by the supreme or appellate 
 courts excepting when such review is necessary to prevent a 
 failure of justice. (Sections 19, 22 and 23.) It is important, 
 then, not only that questions of practice should be determined 
 correctly, but that the decisions of the judges upon those ques- 
 tions should be uniform. Uniformity can best be attained if 
 special attention is given to these questions of practice by the 
 chief justice and by such other judges as may be selected to 
 give the department of practice their particular study and 
 attention. 
 
 Twelfth. Last to be mentioned but not least in importance 
 is the duty of the chief justice to receive complaints and to take 
 measures to remove causes of just criticism. The municipal 
 court building provides him with a business office, and here 
 he should be accessible to all persons who wish to make com- 
 plaints of unjust treatment, or to bring to his notice matters
 
 532 PKACTICE IN TUE MUNICIPAL COURT. 
 
 pertaining to the court which ought to receive his attention. 
 Some complaints will be just and many unjust. Every de- 
 feated litigant is disposed to complain of the decision of the 
 court, but complaints that decisions of judges are unjust are 
 not such as are to be remedied by the chief justice, but should' 
 be referred by him to the entire body of judges for such action 
 as they may deem expedient. Aside from complaints of unjust 
 decisions, however, there are many which the chief justice can 
 take personal cognizance of and, when well founded, apply suit- 
 able remedies. 
 
 The vast amount of work imposed upon the chief justice 
 will render it necessary that he be allowed a number of assist- 
 ants to relieve him of matters of detail which otherwise would 
 consiune time which he could more profitably use for other 
 purposes. Deputy clerks may be appointed for this purpose 
 in such numbers as the judges may deem necessary, but inas- 
 much as the salary the judges may fix for a deputy clerk is 
 limited to $1,800 per annum, it will be necessary for the city 
 council to exercise the power given by section 7, by authoriz- 
 ing the emplojTnent of assistants to the chief justice at higher 
 salaries. The appointments to these positions should, under 
 no circumstances, be made for political considerations. Civil 
 service rules should prevail in the selection of these assistants.
 
 CHAPTER III. 
 THE ASSOCIATE JUDGES. 
 
 The control of the chief justice over the associate judges is 
 limited to assigning them to duty in the branch courts and 
 fixing the dates of their vacations. This power is one which 
 must be lodged somewhere, in order that there may be a satis- 
 factory disposition of the business of the court, and it is prop- 
 erly conferred upon the chief justice. Apart from this power 
 and the administrative functions of the chief justice, the judges 
 are on an equal footing, and, acting as a body at their meetings 
 to be held monthly or oftener, they possess the following 
 powers : 
 
 First. To receive and investigate, or to cause to be inves- 
 tigated, all complaints presented to them pertaining to the court 
 and to the officers thereof, and to take such steps as they shall 
 deem necessary with respect thereto. Among the complaints 
 which may be thus investigated are those against the clerk and 
 the bailiff and their deputies for incompetency, inefficiency, 
 dishonesty, oppression in the execution of process, or other mis- 
 conduct; those against police officers, who are ex-officio deputy 
 bailiffs, for improper conduct towards persons arrested, and 
 those against attorneys for unprofessional or dishonest con- 
 duct in respect to suits pending in the court. Complaints 
 may also be made, and should be made, against judges for con- 
 duct on the bench which is unbecoming judges and gentlemen, 
 and for all acts of oppression in the exercise of their powers 
 as judges. That such complaints are within the jurisdiction 
 of the judges at their meetings cannot be doubted, for section 
 8 declares that "at such meetings they shall receive and inves- 
 tigate, or cause to be investigated, all complaints presented to 
 them pertaining to the said court," and that they ''shall take 
 such steps as they may deem necessary or proper with respect 
 thereto." In the case of a well founded complaint against a 
 judge for conduct unbecoming a judge and a gentleman, the 
 remedy could extend no further than a vote of censure and the 
 
 533
 
 534 PRACTICE IX THE MUNICIPAL COURT. 
 
 vacation of any order or judgment he may have entered. Such 
 a vote of censure passed and made public would doubtless be 
 effective to prevent future occurrences of a similar character. 
 It is doubtful, however, whether, with the power thus existing 
 and the disposition on the part of a majority of the judges to 
 enforce it, there would ever be any occasion calling for its 
 exercise. That the power should be exercised in proper cases 
 cannot be doubted. Every judge is interested in the reputation 
 of the court and should be upon the alert in protecting it against 
 just criticism, and certainly nothing is more injurious to the 
 administration of justice than overbearing, oppressive or other- 
 wise unbecoming conduct on the part of a judge while engaged 
 in the exercise of the powers and duties of his office. 
 
 Again, complaint may be made that a judgment or order 
 entered is plainly and palpably unjust. In such case, a ma- 
 jority of the judges, through rules and regulations which they 
 may adopt, will have undoubted power to grant relief. 
 
 Second. To determine the number of deputy clerks and dep- 
 uty bailiffs to be appointed, to fix their salaries and to remove 
 them from their positions. (Sections 15 and 17.) In the ori- 
 ginal draft of the municipal court act it was provided that the 
 clerk and the bailiff' should be appointed by, and hold their 
 offices during the pleasure of a majority of, the judges. This 
 was deemed essential to the accomplishment of the proper ad- 
 ministration of the clerk's and bailiff's offices, and the preven- 
 tion of many of the evils now prevailing in the sheriff's office, 
 and in the offices of the clerks of the circuit, superior and crim- 
 inal courts. 
 
 The General Assembly, however, in its wisdom, determined 
 that the clerk and the bailiff should be elective officers and so 
 provided accordingly in sections 14 and 16 of the act. Very 
 properly, however, they made no changes in the other provi- 
 sions of the act by which the judges were vested with absolute 
 control over the appointment, the fixing of the salaries, and the 
 removal of deputies. By section 8 it is provided that the judges 
 "shall have power and it shall be their duty to adopt, or cause 
 to be adopted, all such rules and regulations for the proper 
 administration of justice in said court as to them may seem 
 expedient." This not only gives the judges the power, but 
 makes it their duty, to adopt all such rules and regulations with
 
 THE ASSOCIATE JUDGES. 535 
 
 respect to the clerk's and bailiff's oOces, including the appoint- 
 ment of the deputies, as they may deem conducive to the proper 
 administration of justice. It cannot be doubted that, to the 
 proper administration of justice in any court, it is absolutely 
 essential that all the officers of the court should be persons of 
 good character, competent to properly discharge the duties of 
 their positions and diligent in the performance of the work 
 entrusted to them. If the judges of the municipal court shall 
 have a proper appreciation of the duties of their positions, they 
 will see to it that, in the appointments of deputy clerks and 
 deputy bailiffs, regard shall be had to fitness and that political 
 considerations shall in no case lead to the appointment of any 
 deputy clerk or any deputy bailiff who is not of good character, 
 thoroughly qualified for the duties of the position to which he 
 is appointed and who will not be as ready and willing to faith- 
 fully attend to his duties as he would expect to attend to them 
 were he employed by a private individual. Not only this, but 
 it will be the duty of the judges, immediately upon the organiza- 
 tion of the court, to adopt such rules and regulations for the 
 appointment of deputy clerks and deputy bailiffs, as that the 
 appointment to those positions, from time to ime, shall be made 
 by means of competitive examinations in accordance with the 
 principles embodied in the law in force in this state regulating- 
 civil service in cities. These rules and regulations the judges 
 have the undoubted power to adopt and they should adopt them 
 voluntarily, and without waiting for the passage of any further 
 act on the subject by the General Assembly. 
 
 Third. To adopt, or cause to be adopted all such rules and 
 regulations for the proper administration of justice in the court 
 as to them may seem expedient. This power authorizes any 
 rule or regulation that is not forbidden by law. If rules and 
 regulations not forbidden by law will tend to bring about a 
 prompt and proper administration of justice, the judges have 
 ample power, and it will be their duty, to adopt them. It fol- 
 lows that if the administration of justice in the court is not 
 satisfactory, the judges can only excuse themselves from blame 
 by pointing out some positive provision of law by which the 
 desired result has been prevented. This will be a difficult mat- 
 ter for judges having the power to appoint deputy clerks and 
 deputy bailiffs without limit, to fix their salaries, and gen-
 
 536 PRACTICE IN THE MUNICIPAL COURT. 
 
 erally to manage the business of the court as they may see fit. 
 
 Fourth. To adopt, with the approval and by the direction of 
 the supreme court, such rules regulating the practice in the 
 court as they, or the supreme court, may deem reasonable or 
 expedient. (Sections 19 and 20.) This power has been dis- 
 cussed in a preceding chapter and need not be further men- 
 tioned here. 
 
 Fifth. One of the most important provisions of the act is 
 that which makes it the duty of the chief justice and associate 
 judges to meet together at least once in each month, excepting 
 the month of August, in each year, at such hour and place as 
 may be designated by the chief justice and at such other times 
 as may be required by the chief justice for the consideration of 
 such matters pertaining to the administration of justice in said 
 court as may be brought before them. The judges who will be 
 on duty in the first district, of whom there will probably be 
 twenty-four, the other four being assigned to duty in the sec- 
 ond, third, fourth and fifth districts, will be housed in one 
 building, being the building kno^^^l as liS Michigan avenue, 
 leased for that purpose by the city for the term of five years. 
 Here will be the clerk's office, the bailiff's office, a large wait- 
 ing room for women, a large waiting room for men, an assign- 
 ment room, commodious quarters for jurjTnen, twenty- three 
 court rooms with private offices for the judges, a business office 
 and other accommodations for the chief justice and last, but 
 not least, a large library room to be used also as an assembly 
 room for the judges. In this room they will hold the meetings. 
 provided for bj- the act, which should be as frequent as cir- 
 cumstances may require. At these meetings each judge should 
 report for the consideration of all the judges such questions of 
 doubt or difficulty as may have been presented to him and upon 
 which he may desire the advice of his fellow judges. Especially 
 should this be true as to all questions pertaining to the validity 
 or construction of statutes, or ordinances, and all new questions 
 of practice. When any such question is presented, the views 
 entertained by the majority should be given effect and the ques- 
 tion decided in accordance with their determination. This 
 method of conducting the business of the court will be produc- 
 tive of great benefit. The meetings of the judges will be schools 
 of instruction, the result of which ought to be uniformity in
 
 THE ASSOCIATE JUDGES. 537 
 
 methods of transacting business and in the decision of important 
 questions of law. To permit one judge to hold an ordinance void 
 and to allow another to pronounce it valid, or to permit half a 
 dozen judges to each give a different construction to an ordi- 
 nance or a statute, would be unseemly and demoralizing. The 
 same may be said with respect to the imposition of fines for the 
 violation of ordinances or for criminal misdemeanors. To have 
 one judge imposing a fine of five dollars while another imposes 
 one of a hundred dollars, when the circumstances were sub- 
 stantially identical, would subject the court to well merited 
 criticism. The exercise by a majority of the judges of their power 
 to cause a palpably erroneous and unjust judgment to be vacated 
 cannot but have a beneficial influence. 
 
 It will always happen among a body of twenty-eight judges 
 that there will be wide differences in natural ability, experience 
 and other qualities. Some judges may be strong in some direc- 
 tions and weak in others. Frequent meetings and consultations 
 of the judges will enable the strong to assist the weak and the 
 experienced to help the inexperienced. 
 
 Again, the judges may aid each other in discovering the de- 
 fects in the law and in suggesting amendments. In fact it is 
 apparent that a body of judges who are industrious and in- 
 telligent, will have no excuse for a failure to build up a credit- 
 able system of administering justice in the municipal court. 
 The entire system of practice in this state is antiquated. There 
 has been no improvement since 1845. Chicago should have a 
 system of practice of its own, suitable to the conditions of a 
 cosmopolitan city of over two millions of inhabitants. Unless 
 the constitution can be amended, and that is almost impracti- 
 cable, this can only be accomplished through the municipal 
 court. It behooves the judges, then, to make the best possible 
 use of the powers given them by the Municipal Court Act. They 
 should study the various systems prevailing in England, Can- 
 ada, Germany and France, and in the other states of the United 
 States, not for the mere purpose of adopting what is there 
 found, but as material for consideration in the building up of a 
 system suitable for our own use. A system of practice which 
 will operate satisfactorily in England, Canada, Germany, or 
 France, or in some other city of the United States, may not 
 entirely suit a community like Chicago. So, too, the codes
 
 538 PRACTICE IN THE MUNICIPAL COURT. 
 
 of other countries or states may not furnish what we need, 
 owing to their own imperfecitions or to differences between 
 conditions there and here, but nevertheless they may furnish 
 vahiable suggestions. 
 
 The author will not attempt to outline any system of practice 
 which should be adopted, but will content himself, for the 
 present, with suggesting that no code of practice should be 
 adopted unless it is one which, first, will prevent a decision upon 
 the merits from being defeated by a rule of procedure, and 
 second, will compel the supreme and appellate courts to decide 
 every appeal or writ of error according to the very right and 
 justice of the case and to abandon the present practice of hold- 
 ing every error of the trial court a "prejudicial" or "revers- 
 ible ' ' error merely because it might have affected the result.
 
 CHAPTER IV. 
 THE CLERK. 
 
 The duties and liabilities of clerks of the circuit courts, the 
 superior court of Cook county and the county courts are defin- 
 itely fixed by the act entitled "An act to revise the law in re- 
 lation to clerks of courts" approved March 25, 1874, and in 
 force July 1, 1874. Section 22 of that act (Kurd's R. S. of 
 1905, p. 57) provides that "the judges of the several courts 
 shall, as often as once in each year, make an examination of 
 the offices of the clerks of their respective courts, and may 
 give such directions and make such orders in regard to the 
 keeping of the same and the records and papers thereof, not 
 contrary to law, as they shall deem best." 
 
 Section 13 of the same act provides, that in addition to the 
 duties expressly mentioned in the act the clerks shall "do and 
 perform all other duties pertaining to their said offices, as may 
 be required by law or the rules and orders of their respective 
 courts respectively." 
 
 The powers thus given the judges over the clerks appear to 
 be very limited. At least they are so construed by the judges, 
 who rarely, if ever, interfere in the management of the clerk's 
 offices. They do not concern themselves with the character 
 of persons employed as deputies, the quality of the work per- 
 formed, or their conduct toward persons having business in the 
 clerk's office. In Cook county it is believed no attemut has ever 
 been made by the judges to remedy any of the evils with re- 
 spect to which complaints are made. Among these e\dls is the 
 tipping evil by means of which some lawyers, who are willing 
 to give gratuities to the deputies, are enabled to obtain much 
 more prompt service than other lawyers, who are unable or are 
 unwilling to make such payments. It is needless to inquire 
 whether these evils might not be remedied by rules and regula- 
 tions adopted by the judges of the circuit and superior covirts. 
 It is sufficient to say no attempt has ever been made to adopt 
 any such rules or regulations. 
 
 539
 
 540 PRACTICE IN THE MUNICIPAL COURT. 
 
 Section 14 of the Municipal Court Act requires that ''until 
 otherwise provided by the rules which may be adopted under the 
 provisions of this act, the powers, duties, liabilities, oath of 
 office and the bond and conditions thereof of such clerk, shall 
 be the same, as near as may be, as those prescribed by law for 
 clerks of courts in the act entitled: 'An act to revise the law 
 in relation to clerks of courts' approved March 25, 1874, and 
 in force July 1, 1874." The rules there referred to are not 
 the rules of practice provided for by section 20, but they are 
 the rules and regulations referred to in section 8, which de- 
 clares that the judges at their meetings "shall have the power,, 
 and it shall be their duty, to adopt or cause to be adopted all 
 such rules and regulations for the proper administration of 
 justice in said court as to them may seem expedient." Hence 
 what shall be the "powers, duties and liabilities" of the clerk 
 is wholly for the chief justice and associate judges to determine, 
 whenever they shall see fit to act upon the subject. The entire 
 management of the clerk's office, in all its details, may be de- 
 termined by the rules and regulations they may adopt. 
 
 In addition to this section 62 declares that "it shall be the 
 duty of the chief justice of the municipal court to superintend 
 the keeping of the records of said court and to prescribe ab- 
 breviated forms of entries of orders therein, which abbreviated 
 forms so prescribed shall have the same force and effect as if 
 such orders were entered in full in the records of said court." 
 By section 8 it is also declared that the chief justice "shall 
 have the general superintendence of the business of said court. ' ' 
 
 It follows, therefore, that it is for the judges, acting as a 
 body, to define by rules and regulations "the powers, duties 
 and liabilities" of the clerk and for the chief justice not only 
 to superintendent the keeping of the records and prescribe ab- 
 breviated forms of entries of orders therein, but to superintend 
 the clerk's office and see to it that it is managed in strict accord- 
 ance with the rules and regulations adopted by the judges. 
 Whether modern business methods shall prevail in the clerk's 
 office and it shall be conducted properly and in accordance with 
 business principles, will depend entirely upon the manner in 
 ■which the chief justice and the associate judges discharge their 
 duty. 
 
 It would not be practicable to outline a complete scheme for
 
 THE CLERK. 541 
 
 the management of the cJerk's office. The scheme to be adopted 
 should be one which will secure a proper keeping of the records, 
 strict honesty, attention to business, and civility toward the 
 public on the part of all employees, as well as such accommo- 
 dations to lawyers and litigants as will facilitate and render 
 less troublesome the transaction of business. A few matters, 
 however, may be briefly mentioned: 
 
 First: The record of every case, other than a chancery case, 
 should be kept in a form abbreviated to such extent that all 
 of it, excluding, of course, the files, but including the registry 
 of papers filed, of writs issued, all orders and judgments entered 
 by the court, the taxation of costs with memoranda pertaining 
 to the execution, and also the satisfaction of the judgment, 
 should be kept on a half page or less of an ordinary record 
 book. 
 
 Second: To save lawyers and litigants the expense and 
 trouble of investigating and ascertaining the condition of the 
 record in a common law case, provision should be made by which 
 the clerk, for a fee of, say 25 cents, an amount sufficient to 
 cover the cost of the work, should furnish to any lawyer or 
 litigant a correct copy of all the entries in the record. With 
 blanks provided for that purpose, this would be a matter of 
 no difficulty. It would accommodate the bar and save trouble 
 and expense to the clerk. 
 
 Third: The wrapper containing the files of each case should 
 also have endorsed upon it the same entries which are contained 
 in the record and under no circumstances should files in cases be 
 permitted to be taken from the clerk's office, except in charge 
 of a clerk or a deputy clerk for use in a court room. 
 
 Fourth: In cases of the first and second classes the plaintiff 
 should be required to furnish on application to the opposing 
 party or his attorney, or where the opposing parties are num- 
 erous and are represented by different lawyers or different 
 firms of lawyers, to each lawyer or firm of lawyers, a copy of 
 every paper filed. 
 
 Fifth: In all civil cases of the fourth and fifth classes there 
 should be delivered to the defendant, attached to a copy of the 
 summons, a copy of the praecipe and bill of particulars, in cases 
 other than attachment, replevin, distress for rent, and forcible
 
 542 PRACTICE IN THE MUNICIPAL COURT. 
 
 detainer, and in attachment and replevin a copy of the affidavit, 
 in distress for rent a copy of the distress warrant, and in 
 forcible detainer a copy of the complaint. 
 
 SixtJi : In quasi criminal cases commenced by summons there 
 should be delivered to the defendant, attached to a copy of the 
 summons, a copy of the praecipe and of the bill of particulars, 
 and the bill of particulars should describe the offence alleged 
 to have been coimuitted with the same particularity that would 
 be required in a complaint. 
 
 Seventh. In quasi criminal cases commenced by warrant the 
 defendant should be furnished with a copy of the warrant and 
 of the complaint. 
 
 Eighth: By section 16 provision is made for the appointment 
 by the judges of deputy clerks to act as shorthand reporters. 
 The salaries to be paid are not to exceed $1,800 per annum, 
 but such deputy clerks are to be allowed a reasonable charge, 
 not exceeding 15 cents per 100 words, to the parties to whom 
 transcripts are furnished, of which they may be permitted to 
 retain one-half. Inasmuch as these deputies will have no ex- 
 penses of any kind or character for office room, type-writing 
 machines, type-writer supplies and type-writers or other help- 
 ers, it is believed the salary and compensation thus fixed will 
 be ample to secure the services of competent shorthand report- 
 ers. Should the compensation thus fixed be inadequate, it 
 will be in the power of the city coimcil, by the terms of section 
 7, to provide for such additional compensation as will accom- 
 plish the purpose of securing first-class shorthand reporters. 
 The clerk's office should have a stenographic department. The 
 shorthand reporters should not be the reporters for particular 
 judges but for the court. They should be employed in sufficient 
 niunbers to properly perform all the work that may be required, 
 and to give as prompt attention to orders for transcripts as 
 would be given by a firm of reporters conducting the business 
 on their o^woi account, and anxious to please and satisfy their 
 customers. In other words, the stenographic department of the 
 court should be a business department conducted upon business 
 principles. It would doubtless not be necessary nor expedient 
 to report all the proceedings of all the branches of the courts'. 
 Attention must be given to economy in this department as well
 
 THE CLERi:. 543 
 
 as any other, and the expense of the department limited to such 
 an amount as is reasonably necessary to facilitate the transac- 
 tion of the business of the court. 
 
 Ninth: The lav/ pertaining to the acknowledgment of mort- 
 gages as amended in 1905 (Laws of 1905, p. 331, Kurd's R. S. 
 of 1905, pp. 1400-1401) requires that every chattel mortgage, 
 if the mortgagor is a resident of Chicago, must be acknowledged 
 before the clerk or a deputy clerk of the municipal court in the 
 district in which the mortgagor resides. Each place of holding 
 court in the city, or a considerable number of such places, should 
 be designated by the chief justice for the purpose of taking these 
 acknowledgments and making the entries, so as to accommodate 
 the public as much as possible. 
 
 Tenth: It is desirable that the proceedings of the court each 
 day in civil cases, with information as to the cases subject to 
 trial the succeeding day, should be published. The minutes 
 of the proceedings with the other information to be published 
 should be prepared in the clerk 's office by deputy clerks assigned 
 to that duty, and should be furnished to the press upon such 
 terms as will cover the cost of the work. This course will save 
 the annoyance of having persons not deputy clerks working in 
 the clerk's office, insure accuracy in the reports and greatly 
 lessen the expense to those w^ho publish the news respecting the 
 courts. 
 
 It is not necessary to point out all that may be accomplished 
 in the administration of the clerk's office. It is sufficient to say 
 that whatever arrangements or methods will tend to expedite 
 the transaction of business and render less difficult for lawyers 
 the work of instituting and prosecuting or defending suits, 
 as well as save expense and trouble to parties and witnesses, and 
 reduce the cost to the tax payer of maintaining the court, can 
 and should be adopted. The chief justice and the associate 
 judges are practically as unrestrained with respect to changes 
 and improvements, as would be a corporation or an individual 
 conducting a purely private commercial enterprise.
 
 CHAPTER V. 
 THE BAILIFF. 
 
 The bailiff occupies with respect to th-e municipal court the 
 position occupied by the sheriff with respect to the circuit court. 
 But while the sheriff is, to a large extent independent and the 
 court has no express power to adopt rules and regulations re- 
 specting the management of his office, the bailiff is completely 
 under the control of the majority of the judges of the municipal 
 court. By the terms of section 16, until otherwise provided by 
 rules which a majority of the judges may adopt, the powers, 
 duties and liabilities of the bailiff are to be the same, as near as 
 may be, as those prescribed by law for sheriffs with respect to 
 attendance upon and service and execution of the process and 
 obedience to the lawful orders and directions of a circuit court. 
 What his powers, duties and liabilities shall be, therefore, will be 
 determined by such rules and regulations as the judges may 
 adopt. 
 
 In the management of the business of his office the same busi- 
 ness principles should prevail as in the management of the 
 clerk's office. Business should be attended to with diligence 
 and promptness. To that end great care should be exercised 
 in the selection of deputies. As already indicated, they should 
 be selected by competitive examination in the manner provided 
 by the civil service law. One of the complaints with respect to 
 the justice of the peace system is that constables do not act as 
 impartial officers of the law, but as agents of plaintiffs in the 
 collection of debts and that they resort to sharp practices and 
 oppression in the execution of process and thereby sometimes 
 succeed in collecting debts out of exempt property and, in other 
 cases, cause unnecessary and unreasonable costs to judgment 
 debtors. This should not be permitted in the municipal court. 
 No person should receive an appointment as deputy bailiff who 
 is not a person of good character, of good habits, and in every 
 
 544
 
 THE BAILIFF. 545 
 
 way capable of properly discharging the duties of the position. 
 Any act of oppression on his part should be punished by his 
 promiDt removal from office. 
 
 As in the management of the clerk's office, so in the manage- 
 ment of the bailiff's office, the chief justice and the associate 
 judges are practically unrestrained and may cause it to be eon- 
 ducted with the same regard to sound business principles as 
 could be any private enterprise. 
 
 35
 
 CHAPTER VI. 
 A BUREAU OF JUSTICE. 
 
 Section 5 of Chapter 33 of the Revised Statutes of this State 
 (Hurd s R. S. of 1905, p. 555) provides as follows: 
 
 ' ' If any court shall before or after the commencement of any 
 suit be satisfied that the plaintiff is a poor person and unable 
 to prosecute his suit and pay the costs and expenses thereof, 
 the court may, in its discretion, permit him to commence and 
 prosecute his action, as a poor person; and thereupon such per- 
 son shall have all the necessary writs, process and proceedings, 
 as in other cases, without fees or charge. The court may assign 
 to such person counsel, who, as well as all other ofiScei's of the 
 court shall perform their duties in such suit without any fees, 
 charge or reward. If judgment be entered for the plaintiff, 
 there shall be judgment for his costs; which costs shall be col- 
 lected for the use of the said officers." 
 
 This statute has been in force for over sixty years. Rules 
 of court in Cook county, framed to give it effect, make pro- 
 vision for allowing poor pei'sons to commence suit without 
 paying costs in advance. In the circuit court there is a very 
 briefly worded rule which requires the poor person to appear 
 personally, if practicable, but if not, to make an affidavit show- 
 ing incapacity and such other facts as will entitle the applicant 
 to commence suit as a poor person, and also requires the person 
 to agree to pay the costs out of the first money, if any, recovered. 
 
 In the superior court there is a rule known as ' ' Rule 28. ' ' It 
 contains about nine hundred words descriptive of the process by 
 which a poor person may obtain, in that court, the privilege of 
 commencing a suit without an advance payment of costs which 
 amount to about $12. The process consists of a personal in- 
 vestigation by a lawyer to satisfy liimself that the person is a 
 pauper, in the preparation and presentation of an affidavit of the 
 poor person showing a good cause of action and absolute inabil- 
 ity, to procure the money to pay the advance costs, a personal 
 
 546
 
 A BUREAU OF JUSTICE. 547 
 
 appearance before the court, except in case of physical incapac- 
 ity, an afSdavit of the lawyer of his belief that the case is meri- 
 torious and that there is evidence to prove it, and making other 
 allegations which need not be mentioned. If the lawyer has not 
 personally known the poor person for a year or more, there must 
 also be procured an affidavit of a reputable citizen of some 
 standing (known to and represented as such to the court by the 
 lawyer) , stating that, from personal investigation, he believes the 
 person proposing to bring suit is poor, has no money or property 
 of any kind and is honest. The presentation of these affidavits, 
 and certain other formalities, will obtain for the poor person the 
 privilege of bringing suit without any advance payment of costs. 
 The Municipal Court Act makes the following provisions for 
 the cases of poor persons: 
 
 First: By section 56, which deals with the matter of costs, 
 it provides as follows : "In any case included within the terms 
 of this section the court may, in its discretion, order that an ad- 
 vance payment of costs may be waived in favor of any poor 
 person whose financial circumstances, as made to appear to the 
 court, are such that such advance payment would be unduly 
 burdensome or oppressive." 
 
 Second: Section 15 contains the following provision: "It 
 shall be the duty of deputy clerks to render to parties to suits 
 in cases of the fourth class, and in eases of the fifth class men- 
 tioned in Section 2 of this Act, such assistance, and give them 
 such information, as may enable them to properly commence 
 suits or to enter their appearance when sued, which duty shall 
 be regulated and defined by instructions to be prepared by the 
 chief justice." 
 
 Third: By section 15 unlimited power is given to the 
 judges of the municipal court to provide for the appointment 
 and fix the salaries of as many deputy clerks as they may deem 
 necessary, the maximum salary permissible, however, being 
 $1,800. 
 
 Fourth: Section 8 of the act declares that the judges 
 "shall have power, and it shall be their duty to adopt or cause to 
 be adopted, all such rules and regulations for the proper admin- 
 istration of justice in said court as to them may seem expedient."
 
 548 PRACTICE IN THE MUNICIPAL COURT. 
 
 The question arises how should these extensive powers be 
 used to give effect, with respect to every poor person, to the 
 constitutional provision that "he ought to obtain by law right 
 and justice freely and without being obliged to purchase it, 
 completely and without denial, promptly and without delay," 
 as well as to make effective the statute above quoted which per- 
 mits the court not only to dispense with the payment by the 
 poor person of costs, but also to assign him counsel who shall 
 perform his duty "without any fees, charge or reward?" 
 
 In the opinion of the author this duty may properly be ful- 
 filled by the judges by their establishing and conducting, under 
 the supervision of the court, either independently or in coopera- 
 tion with some existing organization, a bureau to be known as a 
 Bureau of Justice, the duties of which shall be, first, to investi- 
 gate claims of poor people who may be unable to secure the 
 services of competent lawyers, and whose financial circumstances 
 are such that the advance payment of costs would be unduly 
 burdensome or oppressive to them ; second, to assist in the prose- 
 cution of all such claims as, upon examination, seem to be meri- 
 torious; third, to investigate cases of poor persons charged with 
 criminal offenses and to secure to such persons fair and im- 
 partial trials, and fourth, generally to aid in securing justice 
 for all persons, who, because of their financial circumstances or 
 otherwise, are unable to protect themselves. 
 
 To this bureau there may be assigned a sufficient number of 
 competent deputy clerks, some of whom should be lawyei*s, to do 
 this work. The extent to which this bureau should be employed 
 in the investigation and prosecution of such claims would be a 
 matter within the sound discretion of the judges. The work 
 should not be unduly restricted nor should it be extended to 
 cases in which the parties, however poor, will be able to readily 
 secure the services of competent lawyers. 
 
 The good which a bureau of this character might accomplish is 
 incalculable. Knowledge spread generally among the people 
 that there was such a bureau and that there was no person so 
 poor but that with its aid, he might obtain ample redress for an 
 injury, or payment of a debt due him, would without doubt 
 have a very beneficial effect upon the entire community. Espe- 
 cially would this be true, if the business of the bureau was con-
 
 A BUREAU OF JUSTICE. 549 
 
 ducted with diligence and attention on the part of those to 
 whom the work was entrusted. 
 
 This bureau would also be a great aid to the court in criminal 
 and quasi criminal cases. It could be used to secure proper de- 
 fences to those against whom criminal or quasi criminal com- 
 plaints were filed, and who were too poor to employ attorneys. 
 The bureau would lessen the labor of the judges in that class of 
 cases, and do much to lessen the injustice which . oftentimes 
 attends the administration of the criminal law. 
 
 While a bureau of this kind would involve some expense on 
 the part of the city, the ultimate saving of expense would more 
 than counterbalance its cost. It would, to some extent, deter 
 people from refusing to settle just claims, and it would have a 
 tendency to diminish litigation and decrease the labor of the 
 court and the cost of maintaining it. In many cases, just 
 claims would be settled without suit, and in other cases the 
 parties would be prevented from prosecuting unmeritorious 
 claims. The bureau would not be one for the indiscriminate 
 prosecution of all claims presented, but for the investigation of 
 claims and the prosecution of those only which appeared to be 
 meritorious, and with respect to which no settlement could be 
 obtained. 
 
 The municipal court is the people's court. The business of its 
 judges is not to act merely as umpires in contests of skill be- 
 tween lawyers, but it is to administer justice to all persons who 
 are brought within its jurisdiction, whether they be rich or poor, 
 strong or weak, and whether their cases be civil or criminal. If, 
 through a negligent discharge of their duties, or because of un- 
 founded doubts of their powers, they do not furnish to every 
 poor person an opportunity to obtain speedy justice in any case 
 within the jurisdiction of the court, they will fail to accomplish 
 the most important purpose of the framers of the Municipal 
 Court Act.
 
 APPENDIX. 
 
 SENATE BILL NO. FORTY-FIVE AND HOUSE BILL NO. 
 NINETY-EIGHT. 
 
 A BILL FOR 
 
 An act in relation to municipal courts in the City of Chicago. 
 
 Section 1. Be it enacted by the People of the State of Illi- 
 nois represented in the General Assembly: That there shall be 
 established in and for the City of Chicago one municipal court 
 which shall be styled "The Common Pleas Court of Chicago," 
 and which will be hereinafter designated as the Common Pleas 
 Court, and additional municipal courts, which, until otherwise 
 provided, shall be five in number and shall be styled, respectively, 
 "The First City Court of Chicago," "The Second City Court of 
 Chicago," "The Third City Court of Cliicago," "The Fourth 
 City Court of Chicago" and "The Fifth City Court of Chicago," 
 and which will be hereinafter designated as City courts. 
 
 Section 2. That the Common Pleas Court shall have originai 
 jurisdiction within the City of Chicago, in the following cases: 
 
 First. All civil and criminal cases and proceeding's of evei'y 
 kind and character, other than suits in equity. 
 
 Secand. All suits in equity which may be transferred to it, 
 by change of venue or othenvise, by the Circuit Court of Cook 
 County, or by the Superior Court of Cook County, for trial and 
 disposition. 
 
 Section 3. That the City Courts shall have jurisdiction, with- 
 in the City of Cliicago, in the following cases: 
 
 First. All those classes of suits and proceedings, whether civil 
 or criminal, of which justices of the peace are now given juris- 
 diction by law, in all of which classes of suits and proceedings 
 said City courts shall have jurisdiction excepting when the 
 amount sought to be recovered, whether by way of damages, 
 penalty, fine or otherwise, if the suit or proceeding be for the re- 
 covery of money only, or the value of the personal property 
 claimed, if the suit or proceeding be brought for the recovery 
 of personal property, exceeds Five Hundred Dollare ($500) ; 
 
 550
 
 APPENDIX. 551 
 
 provided, however, that in any action upon a bond, the amount 
 sought to be recovered thereon and not the penalty of the bond 
 shall determine the jurisdiction, and that when payments are to 
 be made by installments, an action may be brought in a City 
 court for any installment not exceeding Five Hundred Dollars 
 ($500) as it becomes due. 
 
 Second. All other suits at law, for the recovery of money 
 only, when the amount claimed does not exceed Five Hundred 
 Dollars ($500). 
 
 Section 4. That the Common Pleas Court shall be held at 
 such place or places in said city as may be provided for that pur- 
 pose by the corporate authorities thereof, or by the County of 
 Cook. The City courts shall be held at such place or places as 
 may be provided by the corporate authorities of said city, at the 
 expense of the city, within the respective territorial limits with- 
 in which they are to be located and exercise their jurisdiction, 
 which territorial limits shall, until otherwise provided, be re- 
 spectively as follows: 
 
 For the First City Court of Chicago the territory bounded on 
 the East by Lake Michigan, on the North by the city limits, on 
 the West by the center line of Western avenue from the city 
 limits on the North to the center line of Fifty-fifth street, 
 thence on the South by the center line of Fifty-fifth street to 
 the center line of State street, thence on the West by the center 
 line of State street to the center line of Sixty -third street, thence 
 on the South by the center line of Sixty-third street to the cen- 
 ter line of Cottage Grove avenue, thence on the West by the 
 center line of Cottage Grove avenue to the center line of Seventy- 
 first street, and thence on the South by the center line of 
 Seventy-first street to Lake Michigan, which shall be known as 
 the First District. 
 
 For the Second City Court of Chicago the territory bounded 
 on the South by the city limits, on the East by Lake Michigan, 
 on the North by the center line of Seventy-fii-st street, and on 
 the West by the center line of Cottage Grove avenue, which shall 
 be known as the Second District. 
 
 For the Third City Court of Chicago the territory bounded on 
 the West and South by the city limits, on the East bj' the center
 
 552 PRACTICE IN THE MUNICIPAL COURT. 
 
 line of Cottage Grove avenue from the city limits on the South 
 to the center line of Sixty-Third street, thence on the North by 
 the center line of Sixty-third street to the center line of State 
 street, thence on the East by the center line of State street to the 
 center line of Fifty-fifth street, thence on the North by the cen- 
 ter line of Fifty-fifth street to the city limits on the "West, which 
 shall be known as the Third District. 
 
 For the Fourth City Court of Chicago the territory bounded 
 on the South by the center line of Fifty-fifth street, on the East 
 by the center line of Westera avenue, on the North by the cen- 
 ter line of Lake street and on the West by the city limits, which 
 shall be known as the Fourth District. 
 
 For the Fifth City Court of Chicago the territory bounded on 
 the South by the center line of Lake street, on the East by the 
 center line of Western avenue, and on the North and West by the 
 city limits, which shall be known as the Fifth District. 
 
 If no place shall be provided by the corporate authorities of 
 said city or by the County of Cook for the holding of the Com- 
 mon Pleas Court or any branch thereof or of any City court or 
 branch thereof, or if the place so provided become unfit, said 
 Common Pleas Court or branch thereof, or said City court or 
 branch thereof, may, by an order signed by a majority of the 
 judges of the Common Pleas Court and entered of record in said 
 Common Pleas Court or branch thereof, or in said City court or 
 branch thereof, adjourn to or convene at a suitable place for 
 holding said court or branch thereof procured for that purpose 
 by said judges, within the district in which it is located, and at 
 such place may hold said court until a suitable place therefor be 
 furnished by such corporate authorities. The expense of procur- 
 ing such place to which said court is adjourned or at which it is 
 convened shall be paid by the city. The number of the City 
 courts may be increased or diminished, and the boundaries of 
 the districts may be changed, from time to time, by orders signed 
 by a majority of the judges of the Common Pleas Court and 
 spread upon the records thereof, which orders shal be published 
 for three successive weelvs, once in each week, in some newspaper 
 of general circulation in the Cfty of Chicago, and shall take 
 effect respectively within thirty days after the last publication 
 thereof; provided, however, no such change in the number of
 
 APPENDIX. 553 
 
 boundaries of districts shall become effective unless the order 
 therefor shall have been approved by the City Council of the 
 City of Chicago. 
 
 Section 5. That said respective courts shall have seals and 
 may from time to time as may be necessary renew the same. The 
 expense of said seals and renewing the same shall be paid by the 
 City of Chicago. 
 
 Section 6. That all blanks, books, papers, stationery and fur- 
 niture necessary to the keeping of the records of the proceed- 
 ings of such Common Pleas Court and said City courts, and the 
 transaction of the business thereof, shall be furnished the offi- 
 cers of such courts at the expense of the city. 
 
 Section 7. That said Common Pleas Court shall consist of 
 twenty-five (25) judges, one of whom shall be chief justice and 
 the remaining twenty-four (24) of whom shall be associate 
 judges, and all of said judges shall be ex-officio judges of the 
 City courts. Said Common Pleas Court and said City courts 
 may be divided, from time to time, into as many branches as may 
 be deemed necessary for the prompt and proper disposition of 
 the business of said respective courts and as may be determined 
 by the chief justice. Each branch shall be presided over by a 
 single judge. The chief justice, in addition to the exercise of 
 all the other powers of a judge of said courts, shall have the gen- 
 eral superintendence of the business of all of said courts; he 
 shall preside at all meetings of the judges, and he shall assign 
 the associate judges to duty in the branches of said courts, from 
 time to time, as he may deem necessary for the prompt disposi- 
 tion of the business thereof, and it shall be the duty of each 
 associate judge to attend and serve at any branch of either of 
 said courts to which he may be so assigned. The chief justice 
 shall also superintend the preparation of the calendars of 
 cases for trial in the respective courts and shall make such classi- 
 fication and distribution of the same upon different calendars as 
 he shall deem proper and expedient. Each associate judge shall 
 at the commencement of each month make to the chief justice 
 under his official oath a report in writing of the duties per- 
 formed by him during the preceding month, which report shall
 
 554 PRACTICE IN THE MUNICIPAL COURT, 
 
 Specify the number of days' attendance in court of such judge 
 during such month, and the courts upon which he has attended, 
 and the number of hours per day of such attendance, for which 
 the chief justice shall cause suitable blanks to be prepared and 
 furnished to the associate judges. The chief justice must give 
 his attention faithfully to the discharge of the duties especially 
 pertaining to his office and to the performance of such addi- 
 tional judicial work as he may be able to perform. Each asso- 
 ciate judge must perform his share of the labors and duties ap- 
 pertaining to the office. At least one associate judge must be in 
 attendance in the Common Pleas Court and in each City court 
 six hours of each day, except Sunday, a public holiday, or a 
 day upon which the inhabitants of the City of Chicago generally 
 refrain from business, and such other days for vacations, not ex- 
 ceeding thirty-six (36) in number to any judge in any year, as 
 may be fixed and specified by rule of court or by the chief jus- 
 tice, and each associate judge, while in the court room or in 
 ehambei^, and not actually engaged in the performance of other 
 official duties, must act upon any application for his official 
 action, properly made to him. One branch of the First Citj'' 
 Court of Chicago shall be kept open, and at least one judge as- 
 signed for that purpose by the chief justice, shall be in attend- 
 ance thereat, each day excepting Sunday or a public holiday 
 from nine o'clock a. m. until ten o'clock p. m., excepting one 
 hour's intermission, for the transaction of such business as may 
 come before it. It shall be the duty of the chief justice and the 
 associate judges to meet together at least once in each month, 
 excepting the month of August, in each year, at such hour and 
 place as may be designated by the chief justice, and at such 
 other times as may be required by the chief justice, for the con- 
 sideration of such matters pertaining to the administration of 
 justice in said Common Pleas Court and in said City courts as 
 may be brought before them. At such meetings they shall re- 
 ceive and investigate, or cause to be investigated, all complaints 
 presented to them pertaining to the said courts and to the offi- 
 cers thereof, and shall take such steps as they may deem neces- 
 sary or proper with respect thereto, and they shall have power 
 and it shall be their duty to adopt or cause to be adopted all 
 such rules and regulations for the proper administration of jus-
 
 APPENDIX. 555 
 
 tice in said courts as to them may seem expedient. The salary 
 of the chief justice shall be seven thousand five hundred dollars 
 ($7,500) per annum, and the salary of an associate judge shall be 
 six thousand dollars ($6,000) per annum, payable in monthly in- 
 stallments out of the city treasury. 
 
 Section 8. That the chief justice and the associate judges of 
 the Common Pleas Court shall be elected on the first Monday of 
 June, A. D. 1906, and shall hold their offices for the term of 
 three years and until their successors shall be elected and quali- 
 fied, and on the first Monday of June, A. D. 1909, and on the 
 first Monday of June of every sixth year thereafter there shall 
 be elected a chief justice and such number of associate judges of 
 said Common Pleas Court as may, from time to time, constitute 
 the full number of associate judges of said Common Pleas Court, 
 who shall hold their respective offices for the term of six years 
 and until their respective successors shall be elected and quali- 
 fied. The judges so required to be elected shall enter upon the 
 discharge of th'eir duties on the first Monday of July following 
 their election. Vacancies in the office of chief justice or asso- 
 ciate judge of the Common Pleas Court shall be filled by election 
 at the regular municipal, judicial or other general election which 
 shall occur next after a period of thirty days from the time such 
 vacancies respectively occur, but where the unexpired term does 
 not exceed one year the vacancy shall be filled by appointment 
 by the Governor. Whenever a vacancy occurs in the office of 
 chief justice or whenever the chief justice shall be absent from 
 the City of Chicago, or incapacitated from acting, the associate 
 judges shall select one of their number to act as chief justice 
 until such vacancy shall be filled by election or appointment as 
 above provided for, or until the return of the chief justice or 
 until his incapacity ceases. 
 
 Section 9. That no person shall be eligible to the office of 
 chief justice or of associate judge of the Common Pleas Court 
 unless he shall be at least thirty years of age and a citizen of the 
 United States nor unless he shall have resided in the County of 
 Cook and been there engaged either in active practice as an at- 
 torney and counsellor at law or in the discharge of the duties of 
 a judicial office, five years next preceding his election, or in one
 
 556 PRACTICE IN THE MUNICIPAL COURT. 
 
 of said occupations during a portion of said time and in the 
 other the remaining portion thereof, and shall, at the time of 
 his election, be a resident of the City of Chicago. Nor shall any 
 person be eligible to the office of chief justice or associate judge 
 of the Common Pleas Court, who shall have contributed or ex- 
 pended, directly or indirecty, or who shall have agreed to con- 
 tribute or expend directly or indirectly, any money or property 
 whatever for the purpose of furthering either his nomination as 
 a candidate for said office or his election thereto, or the nomina- 
 tion or election of any other candidate for office at such election. 
 
 Section 10. That every chief justice and associate judge of 
 such Common Pleas Court before he enters upon the duties of his 
 office shall take and subscribe the following oath or affirmation : 
 
 I do solemnly swear (or affirm, as the case may be) that I will 
 support the Constitution of the United States and the Constitu- 
 tion of the State of Illinois, and that I will faithfully discharge 
 the duties of the office of chief justice (or associate judge) of the 
 Common Pleas Court of Chicago according to the best of my 
 ability. 
 
 Said oath shall be filed in the office of the Secretary of State. 
 
 Section 11. That whenever two-thirds in number of the 
 judges of the Common Pleas Court shall transmit to the City 
 Council of the City of Chicago a certificate signed by them that 
 in the opinion of said judges the business of said Common Pleas 
 Court and of said City Courts is such as to require an increase in 
 the number of associate judges of said Common Pleas Court, said 
 City Council may, by ordinance, provide for an incerase of not 
 more than six in the number of said judges, who shall be elected 
 at the next ensuing municipal, judicial or general election in said 
 city. The judges elected in accordance with such ordinance 
 shall hold their offices until the next ensuing regular election of 
 judges of said Common Pleas Court and until their successors 
 shall be elected and qualified, and at such next ensuing regular 
 election of judges of said Common Pleas Court and every six 
 years thereafter, there shall be elected the additional number of 
 judges provided by said ordinance, as successors in office of said 
 additional judges. But after such increase in the number of
 
 APPENDIX. 557 
 
 judges is once so made by ordinance, no subsequent increase 
 thereof shall be made by the City Council. 
 
 Section 12. That the judges of said Common Pleas Court 
 may interchange with judges of the Circuit Courts and judges 
 of the Superior Court of Cook County and with judges of other 
 city courts, and said respective judges may hold court for each 
 other and perform each other's duties when they find it neces- 
 sary or convenient, and it shall be the duty of the judges of said 
 Common Pleas Court to hold branches of the Circuit and Supe- 
 rior Courts of Cook County, and the duty of the judges of the 
 Circuit and Superior Courts of Cook County to hold branches of 
 said Common Pleas Court, and of said City Courts, whenever the 
 condition of the business of said respective courts, and the prop- 
 er administration of justice therein, may render it expedient for 
 them to do so. Any judge of the Common Pleas Court may, at 
 the request of the chief justice of the Circuit Court of Cook 
 County, or of the chief justice of the Superior Court of Cook 
 County, be assigned by the chief justice of the Common Pleas 
 Court to duty in said Circuit or Superior Court whenever in the 
 opinion of such last mentioned chief justice the condition of the 
 business of sai(i respective courts may render such assignment 
 proper and expedient. 
 
 Section 13. That there shall be a clerk of said Common Pleas 
 Court, who shall be appointed by and hold his office during the 
 pleasure of a majority of the judges of said court. He shall be 
 ex officio clerk of each City Court. He shall perform with re- 
 spect to said Common Pleas Court, City Courts and the resepect- 
 ive branches thereof, the duties usually performed by clerks of 
 courts of record. He shall give his personal attention to the 
 performance of the duties of his office. The clerk 's offices of the 
 Common Pleas Court and of the City Courts shall be kept open 
 for the transaction of business from eight o'clock a. m. to six 
 o'clock p. m. of each working day during the year. Until other- 
 wise provided by the rules which may be adopted under the pro- 
 visions of this act, the powers, duties and liabilities, the oath of 
 office and the bond and conditions thereof of such clerk shall be 
 the same, as near as may be, as those prescribed by law for clerks 
 of courts by the act entitled "An Act to revise the law in re-
 
 558 PRACTICE IN THE MUNICIPAL COURT. 
 
 lation to clerks of courts," approved March 25, T874, and m 
 force July 1, 1874. His salaiy shall be five thousand dollars 
 ($5,000) per annum and shall be paid in monthly installments 
 out of the city treasuiy. 
 
 Section 14. That said clerk shall appoint such number of dep- 
 uties as may be determined, from time to time, by a majority of 
 the judg-es of the Common Peas Court by orders signed by them 
 and spread upon the records of said court. The salaries of dep- 
 uty clerks shall be fixed, from time to time, by orders signed by 
 a majority of the judges of the Common Pleas Court and spread 
 upon the record of the court, and shall be payable out of the city 
 treasury in monthly installments, provided, however, that the 
 salary of no deputy clerk shall exceed fifteen hundred dollars 
 ($1,500) per annum. Such number of deputy clerks so appoint- 
 ed as the judges may deem necessary shall be competent short- 
 hand reporters, capable of correctly taking down stenographical- 
 ly and transcribing the proceedings of courts, and shall perform 
 such duties with respect to attending upon and taking down 
 stenographic reports of the proceedings of the City Courts as 
 may be required by the judges and for making and furnishing 
 transcripts of their stenographic reports aforesaid deputy clerks 
 shall be allowed to make such reasonable charge, not exceeding' 
 fifteen cents per each one hundred words, to the parties to whom 
 such transcripts are furnished, as may be determined by the 
 judges, and the judges may allow said deputy clerks to retain, as 
 additional compensation for their services, one-half of the 
 charges so collected, the balance of such charges to be accounted 
 for by such deputy clerks in the same manner as costs collected 
 by them. Such deputy clerks shall take the same oath or affirma- 
 tion required of the clerk of said Common Pleas Court and shall 
 give bonds to be approved by the chief justice of said court, con- 
 ditioned, as near as may be, like the bond required of the clerk. 
 Any deputy clerk shall be subject to removal at any time by an 
 order signed by a majority of the judges of the Common Pleas 
 Court and spread upon the records of said court. The number 
 of deputy clerks may be reduced at any time by an order signed 
 by a majority of the judges of said Common Pleas Court and 
 spread upon the records of said court. It shall be the duty of 
 deputy clerks to render to parties to suits such assistance and
 
 APPENDIX. 559 
 
 give them siicli information as may enable them to properly com- 
 mence suits or to enter their appearance when sued in the City 
 Courts, which duty shall be regulated and defined by instructions 
 to be prepared by the chief justice. The selection of deputy 
 clerlvs shall be made in accordance with the provisions of the act 
 entitled "An Act to regulate the civil service of cities," ap- 
 proved March 20, 1895. 
 
 Section 15. That there shall be a bailiff of said Common 
 Pleas Court, who shall be appointed by and hold his office daring 
 the pleasure of a majority of the judges of said court. He shall 
 be ex officio bailiff of each City Court. He shall perform with 
 respect to said Common Pleas Court, City Courts and the re- 
 spective ^branches thereof, the duties usually performed by 
 sheriffs in respect to attendance upon, and service and execution 
 of the process, and obedience of the lawful orders and directions 
 of, a Circuit Court. He shall give his personal attention to the 
 performance of the duties of his office. The bailiff's offices of 
 the Common Pleas Court and of the City Courts shall be kept 
 open for the transaction of business from eight o'clock a. m. to 
 six o'clock p. m. of each working day during the year. Until 
 otherwise provided by the rules which may be adopted under 
 the provisions of this act, the powers, duties and liabilities, the 
 oath of office, and the bond and conditions thereof of such bailiff 
 shall be the same, as near as may be, as those prescribed by law 
 for sheriffs with respect to attendance upon, and service and ex- 
 ecution of t^e process, and obedience of the lawful orders and 
 directions of a Circuit Court. His salary shall be five thousand 
 dollars ($5,000) per annum and shall be paid in monthly in- 
 stallments out of the city treasury. 
 
 Section 16. That said bailiff shall appoint such number of 
 deputies as may be determined from time to time by a majority 
 of the judges of the Common Pleas Court by orders signed by 
 them and spread upon the records of said court. The salaries 
 of deputy bailiffs shall be fixed from time to time by orders 
 signed by a majority of the judges of the Common Pleas Court 
 and spread upon the records of the court and shall be payable 
 out of the city treasury in monthly installments, provided, how- 
 ever, that the salary of no deputy bailiff shall exceed twelve
 
 560 PRACTICE IN THE MUNICIP.VL COURT. 
 
 hundred dollars ($1,200) per annum. Such deputy bailiffs shall 
 take the same oath or affirmation required of the bailiff of said 
 Common Peas Court and shall give bonds to be approved by the 
 Chief Justice of said court conditioned, as near as may be, like 
 the bond required of the bailiti'. The bailiff' and deputy bailiffs 
 of the Common Pleas Court shall be ex officio police officers of 
 the City of Chicago. Any deputy bailiff shall be subject to re- 
 moval at any time by an order signed by a majority of the judges 
 of the Common Pleas Court and spread upon the records of said 
 court. The number of deputy bailiffs may be reduced at any 
 time by an order signed by a majority of the judges of said 
 Common Pleas Court and spread upon the records of said court. 
 Every police officer of the City of Chicago shall be ex officio a 
 deputy bailiff' of the Common Pleas Court, and shall perform, 
 from time to time, such duties in respect to criminal and quasi 
 criminal cases, including cases pertaining to alleged violations of 
 city ordinances, pending in the city courts as may be required 
 of him by any city court or any judge thereof. All selections 
 of deputy bailiffs shall be made in accordance with the pro- 
 visions of the act entitled "An act to regulate the civil service 
 of cities," approved March 20, 1895. 
 
 Section 17. That neither the clerk nor the bailiff nor any 
 deputy clerk or deputy bailiff of said Common Pleas Court shall 
 receive, aside from his salaiy and the costs by this act required to 
 be paid to him in his official capacity, any money, property or other 
 valuable thing, as a gratuity or otherwise, for the performance 
 of any duty imposed upon him by virtue of his office, or for the 
 performance of any work of any kind or character in any man- 
 ner connected therewith, nor shall any judge, or the clerk or the 
 bailiff or any deputy clerk or deputy bailiff of said court, solicit 
 or receive, or cause to be solicited or received, from any railroad 
 corporation or other commdn carrier, for himself or for any other 
 person, any free pass or other gift of value. It shall be the duty of 
 the judge of said Common Pleas Court to remove from office any 
 clerk, deputy clerk, bailiff or deputy bailiff, who shall violate 
 either of the provisions of this section. No clerk or bailiff, or 
 deputy clerk or deputy bailiff, of the Common Pleas Court shall 
 be appointed receiver or guardian ad litem in any suit therein 
 pending.
 
 APPENDIX. 561 
 
 Section 18. That until otherwise determined in the manner 
 hereinafter provided, and except as by this act is otherwise pre- 
 scribed, the practice in the Common Pleas Court shall be the 
 same, as near as may be, as that which is now prescribed by law 
 for similar suits or proceedings in Circuit Courts, and until 
 otherwise determined in the manner hereinafter provided and 
 except as by this act is other^vise prescribed, the practice in the 
 City courts shall be the same, as near as may be, as that which is 
 now prescribed by law for similar suits and proceedings before 
 justices of the peace and police magistrates. Said Common Pleas 
 Court and said City courts shall be the sole judges of the ap- 
 plicability to the proceedings of said courts of the rules of prac- 
 tice prescribed by law for similar cases in the Circuit Courts and 
 before justices of the peace and police magistrates, and their de- 
 cisions in respect thereto shall not be subject to review upon ap- 
 peal or writ of error. 
 
 Section 19. That the judges of said Common Pleas Court 
 shall have power to adopt in addition to or in lieu of the pro- 
 visions herein contained prescribing the practice in said Com- 
 mon Pleas Court and City courts, or of any portion or portions 
 of said provisions, such rules regulating the practice in said 
 respective courts as they may deem necessary or expedient for 
 the proper administration of justice therein. The adoption of 
 said rules shall be accomplished by an order signed by a ma- 
 jority of said judges, which order, when made, shall be forth- 
 with spread upon the record of the Common Pleas Court and 
 shall be printed in pamphlet form at the expense of the City and 
 shall go into effect thirty days after being so spread upon said 
 record, and when it shall so go into effect the rules thereby pre- 
 scribed shall supersede and take the place of all the provisions of 
 this act pertaining to the practice of said courts inconsistent 
 therewith, and said rules so adopted may be amended, rescinded 
 or added to by a like order signed by a like number of judges of 
 said court, such order to be likewise spread upon the record of 
 said court and printed in pamphlet form, and to go into effect 
 thirty days after being spread upon said record ; provided, how- 
 ever, that any resident of the City of Chicago, shall upon pe- 
 tition therefor, at any time within sixty days from the entry of 
 any such order, be allowed to appeal from such order to the 
 36
 
 562 PRACTICE IN THE MUNICIPAL COURT. 
 
 Supreme Court. Such appeal shall be allowed without bond, but 
 shall not suspend the operation of said order during its pend- 
 ency. Upon such appeal the Supreme Court shall review the 
 said order and consider the rules thereby adopted and may 
 either confirm said order or may modify or set aside the same, 
 and the Supreme Court may, in its discretion, substitute for the 
 rules so adopted by said judges of said Common Pleas Court, or 
 for any portion thereof, such other rules as the Supreme Court 
 may deem proper, and may, in its discretion, of its own motion 
 or otherwise, make any order respecting the rules of said Com- 
 mon Pleas Court and City courts which it may deem proper. 
 
 Section 20. That there shall be no stated terms of the Com- 
 mon Pleas Court or of the City courts, but said courts shall be 
 always open for the transaction of business. Every judgment, 
 order or decree of either of said courts, final in its nature, shall, 
 for the period of thirty days after the entry thereof, be subject 
 to be vacated, set aside, or modified, in the same manner and to 
 the same extent as a judgment, decree or order of a Circuit Court 
 during the term at which the same was rendered in such Circuit 
 Court. After the lapse of thirty days any such judgment, de- 
 cree or order shall not be vacated, set aside or modified, ex- 
 cepting upon appeal or writ of error, or by bill in equity; pro- 
 vided, however, that all errors in fact in the proceedings in 
 such case, which could have been corrected at common law by the 
 writ of error coram nobis, may be corrected by motion or the 
 judgment may be set aside, in the manner provided by law for 
 similar cases in the Circuit Courts. 
 
 Section 21. That the final orders, judgments and decrees of 
 the Common Pleas Court may be reviewed, upon error or ap- 
 peal, by the Supreme Court in all criminal cases above the grade 
 of misdemeanors, cases in which a franchise or freehold, or the 
 validity of a statute or construction of the constitution is in- 
 volved, and in all cases relating to the revenue or in which the 
 State is interested as a party or otherwise, and by the Appelate 
 Court in all other cases. The practice in cases of appeals from 
 or writs of error to said Common Pleas Court shall, except as 
 in this act, or by rules of said court adopted in pursuance here- 
 of, may be otherwise provided, be the same, as near as may be, as
 
 APPENDIX. 563 
 
 the practice in cases of appeals from and writs of error to Cir- 
 cuit Courts in similar cases. But no appeal shall be allowed in 
 any case unless the same be prayed for within twenty days after 
 the entry of the order, judgment or decree, appealed from, and 
 no assignment of error in the Supreme Court or in the Appellate 
 Court in any such case shall be allowed which shall call in ques- 
 tion the decision of the Common Pleas Court in respect to any 
 matter pertaining to the practice in said court; provided, hov/- 
 ever that the Supreme Court or Appellate Court, as the case may 
 be, may grant relief from any error of the Common Pleas Court 
 in respect to a matter of practice therein in any case where, in 
 the opinion of the Supreme Court or Appellate Court, such re- 
 lief is necessary to prevent a failure of justice. 
 
 Section 22. That the final orders and judgments of the City 
 courts shall be reviewed by writ of error only. Such writ of 
 error shall be sued out of the Supreme Court in all cases in 
 which a franchise, a freehold or the validity of a statute or the 
 construction of the constitution, is involved, and out of the Ap- 
 pellate Court in all other cases. The time within which a writ 
 of error may be sued out in any such case shall be limited to 
 thirty days after the entry of the final order or judgment com- 
 plained of. The manner of prosecuting such writ of error shall 
 be as follows: 
 
 First, Any party against whom there has been rendered any 
 final order or judgment of a City court and who shall desire to 
 obtain a review of such final order or judgment by appeal or 
 writ of error, may obtain from such City court a stay of execu- 
 tion upon such order or judgment for ninety days after the en- 
 try thereof by the giving of a bond with a sufficient surety or 
 sureties, to be approved by a judge of the City court, conditioned 
 for the performance by such party of, or his compliance with, 
 such order or judgment, or his payment of the money thereby 
 required to be paid and all costs which may be awarded the op- 
 posite party in the Supreme Court or Appellate Court, as the 
 case may be, in case a writ of error to review such order or 
 judgment shall not be sued out within thirty days from the 
 date thereof, or in case, upon the suing out and prosecution of 
 such writ of error, the order of judgment shall be affirmed by 
 Hie Supreme Court or Appellate Court, as the case may be.
 
 564 PRACTICE IN THE MUNICIPAL COURT. 
 
 Second. No other or further stay of proceedings or execution 
 in any such <;ase shall be allowed by the City Court, but the 
 Supreme Court or the Appellate Court, or any judge thereof 
 may allow a supersedeas as in other cases, but upon the allow- 
 ance of such supersedeas no additional bond shall be required 
 and such supersedeas shall be operative until the final determi- 
 nation of such writ of error. 
 
 Third. If, upon application to the Supreme Court or Appel- 
 late Court, or to any judge thereof, for a supersedeas, the same 
 shall be denied, such order or judgment shall stand affirmed, and 
 no further proceedings shall be had in said Supreme Court or 
 Appellate Court with respect thereto, unless the Supreme Court 
 or Appellate Court, or the judge denying such supersedeas, shall 
 otherwise order. 
 
 Fourili. The party in whose favor any final order or judg- 
 ment has been entered shall be entitled to sue out a writ of error 
 from the Supreme Court or the Appellate Court, as the ease may 
 be, by depositing with the clerk of the court from wliich said 
 writ of error is sued out the sum of Twenty Dollars ($20) as 
 security to the opposite party for such costs as may be awarded 
 such opposite party by the Supreme Court or the Appellate 
 Court, as the ease may be, upon the final determination of such 
 writ of error. 
 
 Fifth. The party suing out any writ of error shall not be 
 required to serve upon the opposite party any scire facias to hear 
 errors, but in lieu thereof shall, within five days after the is- 
 suance of the writ of error, file the same with the clerk of said 
 City court, and make to the Supreme Court or Appellate Court, 
 as the case may be, proof of such filing, and such writ of error 
 so filed shall be notice to the opposite party of the suing out and 
 prosecution of such writ of error. 
 
 Sixth. Upon application made at any time within sixty days 
 after the entry of any final order or judgment, it shall be the duty 
 of the judge by whom such final order or judgment was entered, to 
 sign and place on file in the case in which the same was entered, 
 if so requested by either of the parties to the suit, either a cor- 
 rect statement, to be prepared by the party requesting the signing 
 of the same, of the facts appearing upon the trial thereof and of 
 all questions of law involved in such case, and the decisions of 
 
 J
 
 APPENDIX. 565 
 
 the court upon said questions of law, or a correct stenographic 
 report, the expense of procuring which shall be paid by the party- 
 requesting the signing of the same, of the proceedings at the 
 trial, as such party may elect, the original of which statement 
 or stenographic report, together with a, certified transcript of 
 the judgment, shall be certified to the Supreme Court or Appel- 
 late Court, as the case may be, as the record to be considered 
 upon the review of such order or judgment by writ of error. 
 
 Seventh. No order or judgment so sought to be reviewed 
 shall be reversed unless the Supreme Court or Appellate Court, 
 as the case may be, shall be satisfied from said statement or 
 stenographic report signed by said judge that such order or 
 judgment is contrary to law, in which last mentioned case the 
 Supreme Court or Appellate Court, as the case may be, may en- 
 ter such order or judgment as, in its opinion, the City court 
 ought to have entered, or it may reverse the said order or judg- 
 ment and remand the case to the City court for further pro- 
 ceedings. 
 
 Eighth. No assignment of error in the Supreme Court or in 
 the Appellate Court in any such case shall be allowed which 
 shall call in question the decision of such City court in respect 
 to any matter pertaining to the practice in such court, nor shall 
 any exceptions to the rulings and decisions of the City court 
 upon the trial be necessary to the right of either party to a re- 
 view of such rulings and decisions in the Supreme Court or Ap- 
 pellate Court upon their merits, but it shall be the duty of the 
 Supreme Court or the Appellate Court, as the case may be, to 
 decide such case upon its merits as they may appear from such 
 statement or stenographic report signed by the judge; provided, 
 however, that the Supreme Court or Appellate Court, as the 
 case may be, may grant relief from any error of any City court 
 in respect to a matter of practice therein in any case where, in 
 the opinion of the Supreme Court or Appellate Court, such re- 
 lief is necessary to prevent a failure of justice. 
 
 Section 23. That in any ease transferred to said Common 
 Pleas Court by the Circuit or Superior Court of Cook County for 
 trial and disposition, said Common Pleas Court shall exercise the 
 same powers as the Court from which said ease has been trans-
 
 566 PRACTICE IN THE MUNICIP^Uj COURT. 
 
 f erred might have exercised had said case not been so trans- 
 ferred. The Circuit Court of Cook County, or the Superior 
 Court of Cook County, may, upon the application of either party 
 for a change of venue, or upon the request of both parties, to 
 any suit at law or in equity pending therein, transfer said suit 
 to the Common Pleas Court for trial and disposition. The 
 Criminal Court of Cook County may, upon the request of the 
 State's attorney or of any defendant, transfer to the Common 
 Pleas Court for trial and disposition any case therein pending 
 and shall have power to make all orders which it may deem 
 necessary to accomplish such transfer and secure the attendance 
 of the parties and witnesses upon said Common Pleas Court un- 
 til the final dispo^tion of the case, and said Common Pleas 
 Court, when any criminal case shall have been so transferred to 
 it, shall exercise all the powers with respect to the trial and dis- 
 position of said case which the said Criminal Court of Cook 
 County might have exercised had said case not been so transfer- 
 red. All judgments of conviction in criminal cases instituted 
 in said Common Pleas Court or transferred to it by the Criminal 
 Court of Cook County, where the punishment inflicted is death 
 or imprisonment, shall be carried into execution in the same 
 manner as is provided by law for similar cases in said Criminal 
 Court of Cook County. The prosecution of all criminal cases 
 in the Common Pleas Court shall be conducted by or under the 
 supervision of the State's attorney of Cook County, but in any 
 case in which the State's attorney is disqualified from acting, or 
 is unable to act, the court may appoint some attorney at law 
 of Cook County to act as prosecuting attorney in such case. 
 
 Section 24. That the grand jurors for said Common Pleas 
 Court and the petit jurors for the trial of cases in said Common 
 Pleas Court shall be provided by the jury commissioners of the 
 County of Cook in the same manner and from the same lists, as 
 near as may be, as grand jurors and petit jurors are provided 
 for the Circuit, Superior and Criminal Courts of Cook County. 
 The names of the necessary number of grand and petit jurors re- 
 quired from time to time in said Common Pleas Court shall be 
 furnished by said jur>' commissioners upon demand t» the clerk 
 of the Common Pleas Court and the venires for such jurors shall 
 be directed to and served by the sheriff of Cook County at the
 
 APPENDIX. 567 
 
 •expense of said County, and the fees of the said jurors shall be 
 paid out of the county treasury. The number of petit jurors to 
 be summoned from time to time shall be determined by the Chief 
 Justice. 
 
 Section 25. That it shall be the duty of the Chief Justice of 
 the Common Pleas Court to impanel any grand jury summoned 
 to said court and to interrogate and inquire into the qualifica- 
 tions of all petit jurors summoned for service upon the regular 
 panels in the Common Pleas Court, and to reject from such reg- 
 ular panels all persons who do not appear to possess the qualifi- 
 cations required by law, and to cause such panels to be filled by 
 persons competent to serve as jurors. 
 
 Section 26. That grand juries may be summoned and im- 
 paneled in said Common Pleas Court at any time, upon the ap- 
 plication of the States' attorney of Cook County, and the Chief 
 Justice may, of his own motion, direct the impanelling of a grand 
 jury whenever, in his opinion, the public interests so require. All 
 criminal cases in said court in which the punishment is by fine 
 or imprisonment otherwise than in the penitentiary, may be pros- 
 ecuted by information of the Attorney General or State's at- 
 torney or some other person, and when an information is pre- 
 sented by any person other than the Attorney General or State 's 
 attorney, it shall be verified by affidavit of such person that the 
 same is true, or that the same is true as he is informed and 
 believes. Before an information is filed by any person other 
 than the Attorney General or State's Attorney, one of the judges 
 of the Common Pleas Court shall examine the information and 
 may examine the person presenting the same and require other 
 evidence and satisfy himself that there is probable cause for 
 filing the same and so endorse the same. Every information 
 shall set forth the offense with reasonable certainty, substantial- 
 ly as required in an indictment, and the proceedings thereon 
 shall be the same, as near as may be, as upon indictments in 
 said Common Pleas Court. 
 
 Section 27. That, until otherwise provided by the n^les of 
 the Common Pleas Court, and except as is herein otherwise pre- 
 scribed, civil suits and proceedings shall be commenced and pros- 
 ecuted in said Common Pleas Court in the same manner in
 
 568 PRACTICE IN THE MUNICIPAL COURT. 
 
 which similar suits and proceedings are required to be com- 
 menced and prosecuted in the Circuit Courts, and excepting al- 
 so in the following particulars: 
 
 First. The summons, when the first process is a summons, 
 or the writ, when the first process is a writ, shall be directed to 
 the bailifi' to execute and shall be returnable upon some Monday 
 at least ten days, and not more than thirty days, after the date 
 thereof. 
 
 Second. Service of such summons or writ shall be made by 
 delivering a copy thereof to the defendant, if an individual, and 
 informing him of the contents thereof, but if any defendant be 
 a corporation, the service shall be made in the manner provided 
 by law for similar cases in the Circuit Courts. 
 
 Third. Notice to the defendant by publication may be given 
 under like circumstances and in the same manner as is provided 
 by law for similar cases in the Circuit Courts, but the notice 
 published in lieu of stating the time of the return of the summons 
 or writ shall state the date on or before which the defendant is 
 required to appear, which date shall be some Monday not less 
 than forty nor more than sixty days after the date of the first 
 publication of notice, as the plaintiff may require. 
 
 Fourth. No suit shall be commenced in the Common Pleas 
 Court unless the defendant, if there be but one defendant, resides 
 or is found within the City of Chicago, or if the defendant be a 
 corporation, unless its principal office is within said City ; but if 
 the defendant be a corporation not having a principal office in 
 the City of Chicago suit may be brought in the Common Pleas 
 Court whenever service of process may be had within the City 
 upon any officer, agent or employe of such corporation upon 
 whom service of process might be had if issued in a suit com- 
 menced in the Circuit Court. 
 
 Fifth. The provisions of paragraph Fourth above, shall not 
 apply to attachment suits brought against non-residents of this 
 State, which suits may be brought in the Common Pleas Court 
 when any property of the defendant is levied upon, or any 
 garnishee resides or is found within the City of Chicago. 
 
 Sixth. "When there are several defendants, one of whom re- 
 sides or is found in the City of Chicago, a summons or writ 
 may be issued to the sheriff of Cook County for any defer dnnt
 
 APPENDIX. 569 
 
 residing in said County, but outside of the City of Chicago, or 
 to the sheriff of any other county for any defendant residing in 
 such county, and service of any summons or writ so issued shall 
 be made in the same manner as herein required in the case of 
 a summons or writ directed to the bailiff. 
 
 Seventh. The plaintiff shall file his declaration within five 
 ( days after the commencement of the suit, in default whereof the 
 suit shall be dismissed unless the court by an order entered in 
 said suit shiall extend the time for filing such declaration. 
 
 Eighth. The defendant shall, in case he shall have been served 
 with process of summons or with the writ five days or more prior 
 to the return day thereof, demur or plead to the declaration or 
 . the complaint on or before the Monday succeeding such return 
 day; but in case the summons or writ shall have been served less 
 than five days prior to the return day the defendant shall not be 
 required to plead to the declaration or complaint until on or be- 
 fore the second Monday after such return day. In case the time 
 for filing the declaration or complaint shall be extended by the 
 court, the time for the plaintiff tO' demur or plead to the same 
 shall be extended until the second Monday succeeding the expi- 
 ration of such extension of time. The time within which the de- 
 fendant is required to demur or plead may be extended by the 
 court in its discretion. 
 
 Section 28. That no City court shall exercise jurisdiction in 
 any suit brought therein unless the defendant, if there be one de- 
 fendant, or one of the defendants, if there be more than one 
 defendant, resides or is found within the district in which such 
 City court is located, or if the defendant be a corporation having 
 its principal office in the City of Chicago, unless its principal of- 
 fiee is within such district ; but if the defendant be a corporation 
 not having a principal office in the City of Chicago, suit may be 
 brought in any City Court within whose district service of pro- 
 cess may be had upon any officer, agent, or employe of such cor- 
 poration upon whom service of process might be had if issued in 
 a suit commenced in the Circuit Court. If, in any case, there 
 is more than one defendant and one defendant resides or is found 
 within said district, or is properly served with process therein, 
 the process of such City court may be served upon the remain- 
 ing defendant or defendants at any place within said City of
 
 570 PRACTICE IN THE MUNICIPAL COURT. 
 
 Chicago, But no suit shall be brought against the City of Chi- 
 cago or any other municipal corporation in any City court other 
 than The First City Court of Chicago. If, in any case where 
 there is more than one defendant, process is duly served upon 
 one or more defendants and returned not served as to another 
 defendant or defendants, the suit shall proceed as in like cases in 
 the Circuit Court. But this section shall not apply to attach- 
 ment suits brought against non-residents of this State, which suits 
 may be brought in any City court when any property of the de- 
 fendant is levied upon, within the district of such City court, or 
 any garnishee resides or Is found in such district. When, upon 
 the complaint of any defendant, it shall be made to appear to 
 any City court that the suit has been improperly brought there- 
 in, the court shall not be required on that account to dismiss the 
 suit, if any City court could properly have jurisdiction thereof ; 
 but in such case the court may cause such suit to be transferred 
 to the proper City court and the court to which the same is trans- 
 ferred shall proceed therewith as if the same had been originally 
 commenced in said district; provided, however, that the court 
 may, in its discretion, require the plaintiff to pay the costs of the 
 defendant paid by him prior to such transfer. 
 
 Section 29. That every suit at law in the Common Pleas 
 Court, other than a criminal case, and every suit, other than a 
 criminal case, in any City court shall be tried bj^ the court with- 
 out a jury unless the plaintiff, at the time he commences his 
 suit, or the defendant at the time he enters his appearance, shall 
 file with the clerk a demand in writing of a trial by jury, which 
 demand, however, may be withdrawn by the party filing the 
 same at any time before the trial. 
 
 Section 30. That in all civil cases tried by jury in the Com- 
 mon Pleas Court each party shall be entitled to a challenge of 
 three jurors without showing cause for such challenge, and chal- 
 lenges for statutory and other causes shall be allowed as in sim- 
 ilar cases in the Circuit Courts. But upon appeal or writ of 
 error to review any judgment of said Common Pleas Court in 
 a civil ease tried by jury, no assignment of error shall be allowed 
 which shall call in question any ruling of the court pertaining 
 to or connected with the impanelling of the jury.
 
 APPENDIX. 571 
 
 Section 31. That every person arraigned in the Common 
 Pleas Court for any crime punishable with death or imprison- 
 ment for life shall be admitted on his trial to a peremptory^ chal- 
 lenge of twenty jurors and no more ; and every person arraigned 
 for any offense that may be punished by imprisonment for a 
 term not exceeding eighteen months shall be admitted to a per- 
 emptory challenge of ten jurors and no more; and in all other 
 criminal trials the defendant shall be allowed a peremptory chal- 
 lenge of six jurors and no more. The attorney prosecuting on 
 behalf of the people shall be admitted to a peremptory challenge 
 of the same number of jurors that the accused is entitled to. In 
 all such cases challenges for statutory and other causes shall be 
 allowed as in similar cases in the Criminal Court of Cook County, 
 but upon any writ of error to review any judgment of said Com- 
 mon Pleas Court in a criminal case tried therein by a jury, no 
 assignment of error shall be allowed which shall call in question 
 any ruling of the Common Pleas Court pertaining to or con- 
 nected with the impanelling of the jury. 
 
 Section 32. That the Common Pleas Court in any civil suit 
 pending therein, at any time before the trial or final hearing 
 thereof, may permit the filing therein of interrogatories to be 
 answered by any party to such suit or any person for whose im- 
 mediate benefit such suit is prosecuted or defended, or by the 
 directors, officers, superintendent or managing agents of any cor- 
 poration which is a party to the record in such suit, at the in- 
 stance of the adverse party or parties or any of them, and to re- 
 quire an answer under oath to all such interrogatories as the 
 party to be interrogated might be required to answer, if called 
 as a witness upon the trial or hearing of such suit, but the party 
 filing such interrogatories shall not be concluded by the answers 
 thereto, if he shall elect to introduce the same or any or either 
 of them upon the trial or final hearing. 
 
 Section 33. That upon the trial or hearing of any suit in 
 the Common Pleas Court or in any City court any party there- 
 to, or any person for whose immediate benefit such suit is prose- 
 cuted or defended, or the directoi*s, officers, superintendent or 
 managing agents of any corporation, which is a party to the 
 record in such suit, may be examined upon the trial thereof as
 
 OIZ PRACTICE IN THE MUNICIPAL COURT. 
 
 if under cross-examination at the instance of the adverse party 
 or parties or any of them, and for that purpose may be com- 
 pelled, in the same manner and subject to the same rules for 
 exajnination as any other witness, to testify, but the party call- 
 ing for such examination shall not be concluded thereby, but may 
 rebut the testimony thus given by counter testimony. 
 
 Section 34. That whenever, in any suit pending in the Com- 
 mon Pleas Court evidence shall be necessary concerning any fact 
 in support of or in opposition to any interlocutory or other mo- 
 tion or application, other than an application for a change of 
 venue, the court may, in its discretion require such evidence to 
 be presented by the oral examination of witnesses in open court 
 or otherwise and may make all necessary orders for such oral 
 examination. 
 
 Section 35. That any judge of the Common Pleas Court 
 shall have power to sign or otherwise make any order in any 
 suit pending in the Common Pleas Court, or in any city court, at 
 any place within the city of Chicago, whenever in his opinion 
 the granting of such order at such place is in furtherance of 
 justice, and such order shall be as effective as if made in any 
 court room of either of said courts or in the chambers of said 
 judge. 
 
 Section 36. That cases in the Common Pleas Court shall be 
 tried in such order and the calendars of cases shall be so ar- 
 ranged as may be determined by the chief justice, or by rules of 
 the court adopted as herein provided. 
 
 Section 37. That in trials by jury in the Common Pleas 
 Court the court may charge the jury orally or in writing. 
 
 Section 38. That whenever it appears in any bill of excep- 
 tions signed in any civil suit tried and determined in the Com- 
 mon Pleas Court that any erroneous ruling was made by said 
 Common Pleas Court against the objection of the party com- 
 plaining thereof, but that no formal exception was taken by 
 such party thereto, such erroneous ruling shall be subject to re- 
 view upon appeal or writ of error to the same extent and in like 
 manner as if it appeared that a formal exception had been taken 
 thereto by the party complaining and no bill of exceptions shall
 
 APPENDIX. 573 
 
 be held defective for the want of the seal of the judge thereto. 
 Upon the prosecution of an appeal or writ of error to review any 
 judgment of the Common Pleas Court, the original bill of ex- 
 ceptions, in lieu of a certified copy thereof, shall be inserted in 
 the transcript of the record to be filed in the Supreme Court or 
 Appellate Court upon such appeal or writ of error, unless the 
 Common Pleas Court shall otherwise direct, and, upon the final 
 determination of such appeal or writ of error, such original bill 
 of exceptions shall be remitted to the Common Pleas Court. 
 
 Section 39. That no application for a change of venue on ac- 
 count of the prejudice of the judge shall be allowed by any City 
 Court when the applicant names in his application more than one 
 judge from whom such change of venue is desired, nor unless 
 such application for a change of venue is made by petition as in 
 like cases in the Circuit Courts, and such petition is filed at or 
 before the time of the filing by the defendant of his appearance 
 in the suit in which such change of venue is asked for, and in. 
 no case shall the granting of any change of venue delay the trial 
 of the suit, but such suit shall be tried and disposed of at the 
 time set for the trial thereof or at the time to which the trial 
 thereof may be postponed before some other judge of the court 
 than the one from whom the change of venue has been granted, 
 or in any other district in which the same may be ordered to be 
 tried, and all orders necessary for the setting of such case for 
 trial and for the securing of a speedy trial thereof may be made 
 by the judge from whom said change of venue has been ob- 
 tained. 
 
 Section 40. That every civil suit, excepting attachment 
 suits, replevin suits and forcible entry and detainer suits brought 
 in any City Court shall be commenced by the filing by the plain- 
 tiff, with the clerk, of a praecipe for a summons, specifying the 
 names of the parties to the suit, the amount of the plaintiff's 
 claim and the day at which the summons shall be made return- 
 able, which day shall not be less than five (5) nor more than 
 fifteen (15) days from the filing of such praecipe and a bill of 
 particulars of the plaintiff's claim, which bill of particulars, if 
 the suit be upon a contract, express or implied, shall consist of 
 a statement of the account or of the nature of the demand, or^ if
 
 574 PRACTICE IN THE MUNICIPAL COURT. 
 
 the suit be for a tort, it shall consist of a brief statement of the 
 nature of the tort, and such further information as will rea<?on- 
 ably inform the defendant of the nature of the case he is called 
 upon to defend, but nothing herein contained shall be construed 
 to require the bill of particulars in any action for a tort to set 
 forth the cause of action with the particularity required in a 
 declaration at common law. 
 
 Section 41. That upon the filing of such praecipe and bill of 
 particulars the clerk of said city court shall issue a summons to 
 the defendant directed to the bailiff to execute and returnable at 
 10 'clock a. m. of the day for such return specified in the prae- 
 cipe, which summons shall state the amount of the plaintiff's 
 claim and shall be attested in like manner as the summons issued 
 out of a court of record. Upon every such summons there shall 
 be printed in plain type the provisions of this act pertaining to 
 defaults in case of the non-appearance of the defendant, the 
 setting of the case for trial in case of appearance, the taxation of 
 attorney's fees, and such further information as may be pre- 
 scribed by the chief justice. 
 
 Section ^42. That every such summons issued out of any city 
 court shall be served, if the defendant be an individual, by de- 
 livering to him a copy thereof and informing him of its contents ; 
 or if the defendant be a corporation service shall be made upon 
 such corporation in the same manner as is now or hereafter 
 may be provided by law for the service of process upon such 
 corporation in a suit at law when issued out of a circuit court. 
 In case said summons shall not be served upon the defendant 
 three days or more prior to the return day thereof an alias 
 summons may be issued and a subsequent pluries summons may 
 be issued in any case when a previous alias or pluries summons 
 shall not have been served upon the defendant three days or 
 more prior to the return day fixed in the previous summons. 
 Service of such alias or pluries summons shall be made in the 
 same manner as that above provided for the service of the origi- 
 nal summons. 
 
 Section 43. That upon the return of any such summons 
 duly serV'Cd upon the defendant, the plaint) if shall be entitled 
 to judgment as in case of default^ unless the defendant shall
 
 APPENDIX. 070 
 
 either appear in person at the time specified in such summons, 
 or shall, at or before the time fixed in such summons for his ap- 
 pearajice, file his appearance in writing in said city court. Upon 
 such default the court shall assess the damages after hearing 
 such evidence as the court may deem sufficient for that purpose. 
 In case the defendant shall desire upon the trial to present any 
 set-off or counter-claim, he shall file a bill of particulars there- 
 of with his appearance; provided, however, the court may, in 
 its discretion, extend the time for the filing of such bill of par- 
 ticulars. It shall be the duty of the court at ten o'clock a. m. 
 of each day upon which the court is open for business, or as soon 
 thereafter as is practicable, to call the cases in which the sum- 
 monses are then returnable for the purpose of ascertaining 
 whether the defendants therein have appeared in person or have 
 entered their appearances in writing, and to give such directions 
 with respect to such appearances as the court may find neces- 
 sary or proper for the information of the parties. 
 
 Section 44. That the clerk of each city court shall keep on 
 hand and furnish to suitors and attorneys on application printed 
 blank forms of praecipes, summonses, entries of appearancp, af- 
 fidavits, bonds, attachment writs, replevin writs, petitions for 
 changes of venue and all other papers necessary for the use of 
 the parties to suits in such courts. Forms for such papers shall 
 be prescribed by the chief justice of the Common Pleas Court, 
 who shall also from time to time prescribe and cause to be print- 
 ed forms of bills of particulars to be used in said city courts. 
 
 Section 45. That if in any case brought in any City court 
 the defendant shall appear at the time specified in the summons 
 or shall have entered his appearance in writing at or before the 
 time so specified, the court shall, at such time, or as soon there- 
 after as practicable, fix a time for the trial thereof and such case 
 shall be tried at the time so fixed or as soon thereafter as the 
 other business of the court will permit. 
 
 Section 46. That amendments to bills of particulars 
 praecipes, summons and other papers filed by either party may 
 in the discretion of the court be allowed at any time. 
 
 Section 47. That the court may grant such postponements of 
 the trial, and may make such other orders in respect thereto ns
 
 576 PRACTICE IN THE MUNICIPAL COURT. 
 
 the court may deem proper and necessary for the protection of 
 the rights of the parties. 
 
 Section 48. That the practice and proceedings in City 
 courts other than the mode of trial and the proceedings subse- 
 quent to the trial, in cases of attachment, replevin and forcible 
 entry and detainer, shall be the same, as near as may be, as that 
 which is now prescribed by law for similar cases in courts of 
 record, with the following exceptions: 
 
 First. There shall be no written pleadings other than the 
 affidavits in attachment and replevin and the complaint in forc- 
 ible entry and detainer, and the writs shall be made returnable 
 in like manner as summons in other cases in the City courts. 
 
 Second. In attachment eases the plaintiff at the time of the 
 commencement of his suit and the defendant at the time of his 
 appearing in person or of his entering his appearance in writing, 
 if he shall desire upon the trial to present any set-off or counter- 
 claim, shall file a bill of particulars thereof. 
 
 Third. In forcible entry and detainer cases the plaintiff 
 may unite with his claim for possession of the property any 
 claim for rent or damages for withholding possession of the same, 
 provided such claim does not exceed five hundred dollars ($500). 
 
 Section 49. That in all trials by jury in the City courts the 
 court may charge the jury orally or in writing as to the law and 
 the facts. 
 
 Section 50. That the jurors for trials in the City courts shall 
 be summoned in the same manner, as near as may be, and their 
 fees shall be the same as is now or may be provided by law with 
 respect to jurors in cases before justices of the peace, and in all 
 eases tried by jury in the City courts said courts shall have 
 power to grant new trials to the same extent as is permitted by 
 law in similar cases in the Circuit Courts, subject to such rules 
 as may be adopted by the majority of the judges of the Com- 
 mon Pleas Court in pursuance hereof. 
 
 Section 51. That the practice in the City courts in quasi 
 criminal cases shall be the same as is herein prescribed for civil 
 cases in said courts excepting as follows: 
 
 First. The process in any suit for the violation of any muni-
 
 APPENDIX. 577 
 
 ■cipal ordinance shall, except as hereinafter provided, be a sum- 
 mons. If the defendant, after being duly served with summons, 
 fails to appear personally at the time specified in the summons 
 or to enter his appearance at or before such time, the court may 
 proceed, as in case of default, or may issue a warrant for the 
 arrest of the defendant. 
 
 Second. When the offense complained of is also a violation 
 of any provision of the criminal code, the court may issue a 
 warrant in the first instance for the \'^olation of the ordinance 
 under the like circumstances under which a warrant might 
 issue for a violation of the criminal code. 
 
 Third. A warrant may issue in the first instance upon the 
 affidavit of any person that an ordinance has been violated and 
 that the person making the complaint has reasonable grounds to 
 believe the party charged is guilty thereof and will escape un- 
 less arrested and stating the facts upon which such belief is 
 based, provided the judge to whom application is made for such 
 warrant shall be satisfied, after examining under oath the party 
 making the affidavit, that such arrest should be made, and any 
 person arrested upon any warrant herein provided for shall, 
 without unnecessary delay, be taken before the City court to 
 which such warrant is returnable and tried for the alleged 
 ■offense. 
 
 Section 52. That upon the arrest of any person for any 
 criminal or quasi criminal offense within the jurisdiction of any 
 city court, the chief of police or any captain, lieutenant or ser- 
 geant of police of the city of Chicago shall have power to let 
 such person to bail. The bail bond in any such case shall be 
 conditioned for the appearance of the person arrested before 
 some one of the city courts or some one of the branches thereof 
 at a time fixed in such bond for such appearance, which time 
 shall be not later than two days after the date of the bond. Any 
 bond so taken shall be signed by one or more sureties to be ap- 
 proved by such officer, who shall be authorized and required to 
 administer oaths for the purpose of ascertaining the sufficiency 
 of the sureties. All bonds so taken shall be filed with the 
 clerk of the City Court or of the branch thereof at which the 
 person so arrested is required to appear. The exercise of the 
 power hereby conferred of letting to bail shall be subject to regu- 
 37
 
 578 PRACTICE IN THE MUNICIPAL COURT. 
 
 lations by such rules as may be adopted by a majority of the 
 judges of the Common Pleas Court as herein provided. But any 
 person so arrested shall have the right to be brought immediately 
 before the City Court in the district in which he is arrested, or, 
 if there be no judge then in attendance upon such court, to any 
 other City Court at which there may be a judge then in attend- 
 ance, to be dealt with by such court according to law. 
 
 Section 53. That if the method of procedure in any case 
 within the jurisdiction of the Common Pleas Court or of any 
 City Court, is not sufficiently prescribed by this act or by any 
 rule of court adopted in pursuance hereof, the court in which 
 the same is brought or proposed to be brought, may make such 
 provision for the conducting and disposing of the same as may 
 appear to the court proper for the just determination of the 
 rights of the parties. 
 
 Section 54. That both in direct and in collateral proceedings 
 the same presumptions shall be indulged with respect to the 
 jurisdiction of the Common Pleas Court and the City Courts 
 over the subject-matter of suits and over the parties thereto, as 
 are indulged with respect to the jurisdiction of Circuit Courts 
 in like cases. 
 
 Section 55. That any money judgment rendered by the Com- 
 mon Pleas Court or by any City Court, when no execution is- 
 sued thereon is outstanding, may be satisfied by the payment by 
 the party against whom the same has been rendered of the 
 amount thereof to the clerk of said court, who, upon payment 
 being made, shall enter satisfaction thereof and shall upon, de- 
 mand, pay over the money received by him to the person appear- 
 ing of record to be entitled thereto. 
 
 Section 56. That the Common Pleas Court and each City 
 Court shall take judicial notice of all matters of which courts 
 of general jurisdiction of this State are required to take judicial 
 notice, and also of the following: 
 
 1. All general ordinances of the City of Chicago. 
 
 2. All laws of a public nature enacted by any State or terri- 
 tory of the United States.
 
 APPENDIX. 579 
 
 Section 57. That the masters in chancery of the Circuit and 
 Superior Courts of Cook county shall be ex-officio masters in 
 chancery of the Common Pleas Court. 
 
 Section 58. That the costs in civil cases in the Common Pleas 
 Court shall be as follows: 
 
 First. The plaintiff, at the time of commencing his suit, shall 
 pay to the clerk in full for all services to be rendered by said 
 clerk for the plaintiff in said suit, other than the making or fur- 
 nishing of transcripts of the record, the sum of Six Dollars ($6), 
 and if he at the same time files with the clerk a demand in writ- 
 ing of a trial by jury, he shall pay to the clerk the further sum 
 of Twelve Dollars ($12), to be applied towards the payment of 
 the fees of jurors in said court. 
 
 Second. The defendant, at the time of filing his appearance 
 and before he shall be permitted to make any defense, shall pay 
 to the clerk in full for all services to be rendered by said clerk 
 for the defendant in said suit, other than the making or fur- 
 nishing of transcripts of the record, the sum of Three Dollars 
 ($3), and if he shall at the same time file with the clerk a de- 
 mand in writing of a trial by jury he shall pay to the clerk the 
 further sum of Twelve Dollars ($12), to be applied towards the 
 payment of the fees of jurors in said court. 
 
 Third. The costs to be paid for the services of the bailiff and 
 of sheriffs and other costs not included in the above, shall be the 
 same as those required by law, from time to time, to be paid for 
 similar services in cases in the Circuit Court of Cook County. 
 
 But the court may, in its discretion, order that an advance 
 payment of costs may be waived in favor of any poor person 
 whose financial circumstances, as made to appear to the court, are 
 such that such advance payment would be unduly burdensome or 
 oppressive. 
 
 The costs in criminal cases in the Common Pleas Court shall be 
 the same as the costs prescribed by law, from time to time, for 
 similar cases in the Criminal Court of Cook County. 
 
 The amounts hereby required to be advanced, when a demand 
 in writing of a trial by jury is filed, to be applied towards the 
 payment of the fees of jurors in said court, shall be returned to 
 the party advancing the same, in ease before the trial and before
 
 580 PRACTICE IN THE MUNICIPAL COURT. 
 
 a jury is called, such party withdraws his demand in writing of 
 a trial by jury. Otherwise the amount so advanced shall be paid 
 into the county treasury. 
 
 Section 59. That there shall be taxed as costs in favor of the 
 successful party in every civil suit tried and determined, other- 
 wise than upon default or by confession of judgment, in the 
 Common Pleas Court an attorney's fee of Twenty-five Dollars 
 
 ($25). 
 
 Section 60. That the costs in civil cases in the city courts 
 shall be as follows : 
 
 First. The plaintiff at the time of commencing his suit shall 
 pay to the clerk in full for all services to be rendered by said 
 clerk if it be other than an action of forcible entry and detainer, 
 the sum of Two Dollars ($2) when the amount claimed by him, in 
 money or property, does not exceed One Hundred Dollars 
 ($100), and the sum of Five Dollars ($5) w^hen the amount 
 claimed by him exceeds One Hundred Dollars ($100), and the 
 sum of Five Dollars ($5) in a case of forcible entry and de- 
 tainer, and, if the plaintiff in any civil case, at the time he com- 
 mences his suit, files with the clerk a demand in writing of a 
 trial by jury, he shall pay to the clerk the further sum of Six 
 Dollars ($6) as jurors' fees. 
 
 Second. The defendant, at the time of his appearance, if he 
 shall at the same time file with the clerk a demand in writing 
 of a trial by jury, shall pay to the clerk the further sum of Six 
 Dollars ($6) as jurors' fees. 
 
 Third. The party delivering to the bailiff any summons, writ 
 of attachment, writ of replevin, subpoena, writ of execution or 
 other process, shall, at the time of making such delivery, pay to 
 the bailiff the sum of One Dollar ($1) for each defendant named 
 in such process upon whom service thereof is to be made, and, 
 in case of writs of attachment, replevin or execution, he shall 
 pay to the bailiff the further sum of One Dollar ($1) when any 
 levy upon or seizure of property is to be made thereunder, and 
 shall also pay to the bailiff the actual expense of seizing and 
 caring for any property levied upon or seized thereunder. 
 
 Fourth. The party procuring any certified copy of the record 
 or of any portion thereof in any case shall pay to the clerk the
 
 APPENDIX. 581 
 
 same fees required by law, from time to time, to be paid to the 
 clerk of the Circuit Court of Cook County for similar services. 
 
 Fifth. As commissions on moneys realized by execution, the 
 bailiff shall collect from the defendant in the execution five per 
 cent, upon the amount realized, if it do not exceed One Hundred 
 Dollars ($100), but if the amount realized exceeds One Hundred 
 Dollars ($100) the bailiff shall collect five per cent, on the first 
 One Hundred Dollars ($100) and three per cent, upon the excess 
 over One Hundred Dollars ($100). 
 
 The amount above required to be advanced upon a demand in 
 writing of a trial by jury shall be refunded to the party advan- 
 cing the same in case such suit shall not be tried by jury and no 
 jury shall have been summoned for the trial thereof. 
 
 Section 61. That the costs in criminal and in quasi criminal 
 cases and proceedings in the City courts, instituted in the name 
 or by the authority of the people or in the name of any State 
 or county officer in his official capacity, shall be as follows : 
 
 First. The clerk's fees in full for all services rendered by 
 him shall be the sum of Six Dollars ($6). 
 
 Second. The bailiff's fees shall be the same as those which 
 may now or hereafter be fixed by law for the sheriff* in counties 
 of the third class for similar services. 
 
 All moneys collected upon judgments of the City courts in 
 such cases shall be paid to the clerk, who shall, at the end 
 of every three months, apply the same, or so much thereof as 
 may be necessary, to the payment of the ujicollected costs in 
 criminal and quasi criminal cases instituted in the City courts 
 in the name of the people, or in the name of any State or county 
 officer in his official capacity, and pay over the balance, if any, 
 to the officer entitled by law to receive the same. 
 
 Section 62. That the costs in cases in the City courts insti- 
 tuted in the name of the City of Chicago or in the name of any 
 officer thereof in his official capacity, shall be as follows : 
 
 First. The clerk's fees in full for all services rendered by 
 him shall be the sum of Six Dollars ($6). 
 
 Second. The bailiff's fees shall be the same as those which 
 may now or hereafter be fixed by law for the sheriff in counties 
 of the third class for similar services.
 
 582 PRACTICE IN THE MUNICIPAL COURT. 
 
 All moneys collected upon judgments of the City courts in 
 cases for the violation of the ordinances of the City of Chicago 
 shall be paid to the clerk, who shall pay over the same to the 
 City of Chicago, within one week after receiving the same. 
 
 Section 63. That all costs collected in each week by the clerk 
 and bailitf shall be paid over by them respectively to the City 
 of Chicago on the Monday of the succeeding week, and the clerk 
 and bailiff shall be held personally responsible for all costs re- 
 quired to be paid to them in advance as hereinbefore provided. 
 They shall be required to keep complete and accurate accounts of 
 all moneys collected by them, and such accounts shall, under the 
 direction of the chief justice of said Common Pleas Court, be 
 examined and audited monthly, the expense thereof to be paid 
 by the city. 
 
 Section 64. That there shall be taxed as costs in favor of the 
 successful party in every civil suit tried and determined, other- 
 wise than upon default in any City Court, an attorney's fee as 
 follows : 
 
 First. When the plaintiff, in a suit for the recovery of money, 
 only recovers judgment he shall be allowed an attorney's fee for 
 Five Dollars ($5) and an additional sum equal to five (5) per 
 cent, af the excess, if any, of the amount of the judgment over 
 Fifty Dollars ($50). 
 
 Second. When the defendant, in a suit for the recovery of 
 money only, recovers judgment he shall be allowed an attorney's 
 fee of Five Dollars ($5) and an additional sum equal to five (5) 
 per cent, of the excess, if any, of the amount claimed by the 
 plaintiff over Fifty Dollars ($50), and five (5) per cent, of the 
 amount of any judgment which the defendant may recover of the 
 plaintiff. 
 
 Third. In actions for forcible entry and detainer the success- 
 ful party shall be allowed an attorney's fee of Ten Dollars ($10). 
 
 Fourth. In actions of replevin, the successful party shall be 
 allowed au attorney's fee of ten dollars ($10). 
 
 Section 65. That the provisions hereof respecting costs, other 
 than those taxed as attorneys' fees, shall be subject to be changed, 
 from time to time, by rules adopted by a majority of the judges
 
 APPENDIX. 583 
 
 of the Common Pleas Court as herein provided, but such rules 
 shall not take effect until approved by resolution of the City 
 Council of the City of Chicago. 
 
 Section 66. That the City of Chicago, as compensation for the 
 expenses occasioned by the trial and disposition, in the Common 
 Pleas Court, of cases which would otherwise be disposed of in the 
 Circuit, Superior and Criminal Courts of Cook County, and for 
 the services which may be rendered by the judges of the Com- 
 mon Pleas Court in said Circuit and Superior Courts, shall, in 
 addition to the payment by the county of the fees of, and costs of 
 summoning, grand and petit jurors as herein provided, be enti- 
 tled to reimbursement by the County of Cook for the expenses of 
 procuring and maintaining suitable places for the holding of the 
 Conunon Pleas court and each branch thereof, unless the said 
 county shall itself provide suitable places for the holding of said 
 Common Pleas Court and the branches thereof, in which case 
 such Common Pleas Court and the branches thereof shall be held 
 in the places provided therefor by said county. The expenses 
 thus provided for to be paid by the county shall be ascertained 
 and certified to quarterly by the chief justice of the Common 
 Pleas Court and paid to the city out of the county treasury upon 
 the presentation of his certificate. 
 
 Section 67. That the offices of justices of the peace, police 
 magistrates and constables in and for the territory within the 
 City of Chicago be and they are hereby abolished, and that the 
 jurisdiction of justices of the peace in the territory of the County 
 of Cook outside of the City of Chicago be and it is hereby limited 
 to the territory outside of said city, but this section of this act 
 shall not become operative until the first Monday of July, A. D. 
 1906, and on and after said date the jurisdiction hereby con- 
 ferred upon the Common Pleas Court and upon the City courts 
 shall exclude the exercise of any portion of such jurisdiction by 
 all other courts excepting courts of record, and on and after 
 said first Monday of July A. D. 1906, no other court than a court 
 of record shall exercise jurisdiction in any case of which either 
 said Conunon Pleas Court or either of said City courts is given 
 jurisdiction by this act. 
 
 Section 63. That when the offices of justices of the peace
 
 584 PRACTICE IN THE MUNICIPAL COURT. 
 
 within the city of Chicago shall be abolished, the docket of each 
 justice of the peace, whose office is thus abolished shall be forth- 
 with delivered up to the clerk of the First City Court of Chi- 
 cago. Executions may be issued by the clerk of said court upon 
 any unsatisfied judgments rendered by such justice of the peace 
 in all cases in which the same might have been issued had such 
 office of justice of the peace not been abolished, and said City 
 court shall allow an appeal to the Circuit or Superior Court of 
 Cook county from any judgment rendered by any justice of the 
 peace within twenty days prior to the first Monday of July, A. D. 
 1906, upon the giving by the appellant of an appeal bond with 
 security as now required by law in cases of appeals from 
 justices of the peace, provided such appeaJ is prayed at any time 
 within twenty days after the first Monday of July, A. D. 1906. 
 In all cases not determined or finally disposed of by such justice 
 of the peace at the time his office is abolished, such proceedings 
 shall be had in said First City Court of Chicago as might be had 
 were such suits originally brought in said court, but no trial of 
 any such case shall be had in said City court without such notice 
 to the parties thereto as the court may deem necessary. All writs 
 issued by justices of the peace within the City of Chicago and 
 which shall not have been returned on the fii'st Monday of July, 
 A. D. 1906, shall be forthwith returned to the First City Court of 
 Chicago, and said First City Court of Chicago shall have full 
 power to make such provision for the execution or other disposi- 
 tion of all such writs as said court may deem proper for the pro- 
 tection of the rights of the respective parties to the suits in 
 which such writs have been issued. 
 
 Section 69. That it shall be the duty of the chief justice of 
 the Common Pleas Court to superintend the keeping of the rec- 
 ords of said court and to prescribe abbreviated forms of entries 
 of orders therein in civil cases, which abbreviated forms so pre- 
 scribed shall have the same force and effect as if said orders 
 were entered in full in the records of said court. When any cer- 
 tified transcript of the record, or of any portion thereof, of any 
 suit or proceeding in said court is required, the same shall be 
 written out in full from such abbreviated forms and duly authen- 
 ticated according to law.
 
 APPENDIX. 585 
 
 Section 70. That the clerk of the Common Pleas Court shall 
 procure suitable dockets with forms approved by the chief justice 
 of the Common Pleas Court for the keeping of necessary memo- 
 randa of the proceedings and the entry of judgment in each suit 
 or proceeding instituted in the City courts and the docket so kept 
 shall constitute the records of said courts in the suits entered 
 therein, and no further or other records thereof shall be kept, ex- . 
 cepting records for such proceedings of said courts as do not 
 form a part of the records of suit's pending or determined 
 therein. 
 
 Section 71. That the orders, judgments and decrees of the 
 Common Pleas Court shall have the same force, be of the same 
 effect, be liens upon real estate in the City of Chicago to the 
 same extent and under the same circumstances, and be executed 
 and enforced in the same manner as the judgments, orders and 
 decrees of the Circuit Court of Cook County, and such judgment 
 and decrees shall also be liens upon real estate in the County of 
 Cook outside of the City of Chicago after certified transcripts of 
 the same shall have been filed in the office of the Recorder of 
 Cook County, which transcripts shall contain the names of the 
 parties to the suits, the kinds of actions, the amounts of the judg- 
 ments, or the general nature and effect of the decrees as the case 
 may be, and the dates on which the judgments and decrees were 
 rendered. 
 
 Section 72. That every judgment of a City court shall be a 
 lien upon the real estate of the person against whom it is ob- 
 tained from the time of the filing of a certified transcript thereof 
 in the office of the Recorder of Cook County, which transcript 
 shall contain the names of the parties to the suit, the kind of 
 action, the amount of the judgment and the date upon which 
 the same was rendered. The Recorder of Cook County shall 
 provide and keep in his office for said Common Pleas Court and 
 for said City courts well bound books for entering therein an 
 alphabetical docket of all judgments and decrees rendered in said 
 Common Pleas Court and in said City courts as is now required 
 by law for docketing judgments and decrees rendered in Circuit 
 Courts, and shall forthwith, after the filing of any transcript 
 herein provided for, enter the same, together with the hour, day,
 
 586 PRACTICE IN THE MUNICIPAL COURT. 
 
 month and year of the filing of such certified transcript and the 
 general number thereof. 
 
 Section 73. That in case it shall be hereafter determined 
 that so much of Sections Eight (8) and Eleven (11) hereof as 
 fixes the terms of office of the chief justice and associate judges 
 of the Common Pleas Court is invalid, this act shall not on that 
 account be adjudged wholly invalid, but the terms of the office 
 of the chief justice and associate judges of said Common Pleas 
 Court shall, in such case, be four years, and they shall hold their 
 offices until their successors shall be elected and qualified, and on 
 the first Monday of June, A. D. 1910, and on the first Monday of 
 June every fourth year thereafter shall be elected a chief justice 
 and twenty-four associate judges of said Common Pleas Court 
 as successors in office of the judges hereby required to be elected 
 on the first Monday of June, A. D. 1906, and the terms of office of 
 the associate judges which may be added to said Common Pleas 
 Court in pursuance of Section Eleven (11) hereof shall be four 
 years. 
 
 Section 74, That the invalidity of any portion of this act 
 shall not affect the validity of any other portion thereof, which 
 can be given effect without such invalid part. 
 
 Section 75. That this act shall be submitted to a vote of the 
 legal voters of the City of Chicago at the general election to be 
 held on the first Tuesday after the first Monday of November, 
 A. D. 1905, and if a majority of the legal voters of said city 
 voting on the question at such election shall consent to this act 
 the same shall thereupon immediately take effect and become 
 operative.
 
 APPENDIX. 587 
 
 HOUSE BILL NO. 422. 
 
 A BILL 
 
 For an act in relation to municipal courts in the City of Chi- 
 cago. 
 
 Section 1. Be it enacted by the People of the State of Illi- 
 nois, represented in the General Assembly: That there shall be 
 established in and for the City of Chicago one municipal court 
 which shall be styled "The Common Pleas Court of Chicago," 
 and which will be hereinaften designated as the Common Pleas 
 Court, and additional municipal courts, which, until otherwise 
 provided, shaU be five in number and shall be styled, respec- 
 tively, "The First City Court of Chicago," "The Second City 
 Court of Chicago," "The Third City Court of Chicago," "The 
 Fourth City Court of Chicago" and "The Fifth City Court of 
 Chicago," and which wiU be hereinafter designated as City 
 courts. 
 
 Section 2. That the Common Pleas Court shall have original 
 jurisdiction, within the City of Chicago, in the following cases : 
 
 First. All civil cases and proceedings of every kind and char- 
 acter, other than suits in equity. 
 
 Second. All suits in equity which may be transferred to it, 
 by change of venue or otherwise, by the Circuit Court of Cook 
 County, or by the Superior Court of Cook County, for trial and 
 disposition. 
 
 Third. AU criminal cases which may be transferred to it by 
 change of venue or otherwise by the criminal court of Cook 
 county, or which may be prosecuted by information as herein 
 provided. 
 
 Section 3. That the City Courts shall have jurisdiction, 
 within the City of Chicago, in the following cases : 
 
 First. All those classes of suits and proceedings, whether civil 
 or criminal, of which justices of the peace are now given juris- 
 diction by law, in all of which classes of suits and proceedings 
 said City courts shall have jurisdiction excepting when the
 
 588 PRACTICE IN THE MUNICII'.U. COURT. 
 
 amount sought to be recovered, whether by way of damages, pen- 
 alty, fine or otherwise, if the suit or proceeding be for the re- 
 covery of money only, or the value of the personal property 
 claimed, if the suit or proceeding be brought for the recovery 
 of personal property, exceeds Five Hundred Dollars ($500), 
 provided, however, that in any action upon a bond, the amount 
 sought to be recovered thereon and not the penalty of the bond 
 shall determine the jurisdiction, and that when payments are to 
 be made by installments, an action may be brought in a City 
 court for any installment not exceeding Five Hundred Dollars 
 ($500) as it becomes due. 
 
 Second. All other suits at law, for the recovery of money 
 only, when the amount claimed does not exceed Five Hundred 
 Dollars ($500). 
 
 Section 4. That the Common Pleas Court shall be held at 
 such place or places in said city as may be provided for that 
 purpose by the corporate authorities thereof, or by the County 
 of Cook. The City courts shall be held at such place or places 
 as may be provided by the corporate authorities of said city, at 
 the expense of the city, within the respective territorial limits 
 within which they are to be located and exercise their jurisdic- 
 tion, which territorial limits shall, until otherwise provided, be 
 respectively as follows : 
 
 For the First City Court of Chicago, the territory bounded on 
 the East by Lake Michigan, on the North by the city limits, on 
 the West by the center line of Western avenue from the city 
 limits on the North to the center line of Fifty-fifth street, thence 
 on the South by the center line of Fifty-fifth street to the center 
 line of State street, thence on the West by the center line of 
 State street to the center line of Sixty-third street, thence on the 
 South by the center line of Sixty-third street to the center line of 
 Cottage Grove avenue, thence on the West by the center line of 
 Cottage Grove avenue to the center line of Seventy-first street, 
 and thence on the South by the center line of Seventy-first street 
 to Lake Michigan, which shall be known as the First District. 
 
 For the Second City Court of Chicago the territory bounded 
 on the South by the city limits, on the East by the city limits, 
 and Lake Michigan, on the North by the center line of Seventy- 
 
 d
 
 I 
 
 APPENDIX. 589 
 
 first street, and on the West by the center line of Cottage Grove 
 avenue, which shall be known as the Second District. 
 
 For the Third City Court of Chicago the territory bounded on 
 the West and South by the city limits, on the East by the center 
 line of Cottage Grove avenue from the city limits on the South 
 to the center line of Sixty-third street, thence on the North by 
 the center line of Sixty-third street to the center line of State 
 street, thence on the east by the center line of State street to the 
 center line of Fifty-fifth street, thence on the North by the cen- 
 ter line of Fifty-fifth street to the city limits on the West, which 
 shall be known as the Third District. 
 
 For the Fourth City Court of Chicago the territory bounded 
 on the South by the center line of Fifty-fifth street, on the East 
 by the center line of Western avenue, on the North by the center 
 line of Lake street and on the West by the city limits, which 
 shall be known as the Fourth District. 
 
 For the Fifth City Court of Chicago, the territory bounded 
 on the South b}^ the center line of Lake street, on the East by the 
 center line of Western avenue, and on the North and West by 
 the city limits, which shall be known as the Fifth District. 
 
 If no place shall be provided by the corporate authorities of 
 said city or by the County of Cook for the holding of the Com- 
 mon Pleas court or any branch thereof or of any City court or 
 branch thereof, or if the place so provided become unfit, said 
 Common Pleas Court or branch thereof, or said City court or 
 branch thereof, may, by an order signed by a majority of the 
 judges of the Common Pleas Court and entered of record in said 
 Common Pleas Court or branch thereof, or in said City court 
 or branch thereof, adjourn to or convene at a suitable place for 
 holding said court or branch thereof procured for that purpose 
 by said judges, within the district in which it is located, and at 
 such place may hold said court until a suitable place therefor be 
 furnished by such corporate authorities. The expense of pro- 
 curing such place to which said court is adjourned or at which 
 it is convened shall be paid by the city. The number of the City 
 courts may be increased or diminished, and the boundaries of 
 the districts may be changed, from time to time, by orders signed 
 by a majority of the judges of the Common Pleas Court and 
 spread upon the records thereof, which orders shall be published
 
 590 PRACTICE IN THE MUNICIPAL COURT. 
 
 for three successive weeks, once each week, in some newspaper of 
 general circulation in the City of Chicago, and shall take effect 
 respectively within thirty days after the last publication thereof ; 
 provided, however, no such change in the number of boundaries 
 of districts shall become effective unless the order therefor shall 
 have been approved by the City Council of the City of Chicago. 
 
 Section 5. That said respective courts shall have seals and 
 may from time to time as may be necessary renew the same. The 
 expense of said seals and renewing the same shall be paid by the 
 City of Chicago. 
 
 Section 6. That all blanks, books, papers, stationery and fur- 
 niture necessary to the keeping of the records of the proceedings 
 of such Common Pleas Court and said City courts, and the trans- 
 action of the business thereof, shall be furnished the officers of 
 such courts at the expense of the city. 
 
 Section 7. That said Common Pleas Court shall consist of 
 twenty-five (25) judges, one of whom shall be chief justice and 
 the remaining twenty-four (24) of whom shall be associate 
 judges, and all of said judges shall be ex-officio judges of the 
 City courts. Said Common Pleas Court and said City courts 
 may be divided, from time to time, into as many branches as may 
 be deemed necessary for the prompt and proper disposition of 
 the business of said respective courts and as may be determined 
 by the chief justice. Each branch shall be presided over by a 
 single judge. The chief justice, in addition to the exercise of all 
 the other powers of a judge of said courts, shall have the general 
 superintendence of the business of all of said courts; he shall 
 preside at all meetings of the judges, and he shall assign the 
 associate judges to duty in the branches of said courts, from 
 time to time, as he may deem necessary for the prompt disposi- 
 tion of the business thereof, and it shall be the duty of each 
 associate judge to attend and serve at any branch of either of 
 said courts to which he may be assigned, but the chief justice 
 shall only assign such number of judges to duty in the Common 
 Pleas Court as may not, from time to time, be needed for the 
 prompt disposition of the business of the City Courts. Provided, 
 that no judge shall be assigned to duty in said Common Pleas 
 Court for a longer period than six months at any one time, and
 
 APPENDIX. 591 
 
 that a period of at least six months shall intervene between the 
 assignments of any one of such judges to duty in said Common 
 Pleas Court, it being the intent hereof that assignment of judges 
 to duty in said Common Pleas Court shall be in rotation as near 
 as may be, consistent with and conducive to the prompt dispatch 
 of the business of said courts. 
 
 The chief justice shall also superintend the preparation of the 
 calendars of cases for trial in the respective courts and shall 
 make such classification and distribution of the same upon differ- 
 ent calendars as he shall deem proper and expedient. Each asso- 
 ciate judge shall at the commencement of each month make to 
 the chief justice under his official oath a report in writing of the 
 duties performed by him during the preceding month, which re- 
 port shall specify the number of days' attendance in court of 
 such judge during such month, and the courts upon which he has 
 attended, and the number of hours per day of such attendance, 
 for which the chief justice shall cause suitable blanks to be pre- 
 pared and furnished to the associate judges. Each judge shall 
 be entitled to vacations which shall not exceed forty-two days in 
 all in any one year, and which shall be taken at such times aa 
 may be determined by the chief justice. The chief justice must 
 give his attention faithfully to the discharge of the duties espe- 
 cially pertaining to his office and to the performance of such 
 additional judicial work as he may be able to perform. Each 
 associat? judge must perform his share of the labors and duties 
 appertaining to the office. At least one associate judge must be 
 in attendance in each City court six hours of each day, except 
 Sunday, a public holiday, or a day upon which the inhabitants 
 of the City of Chicago generally refrain from business, and each 
 associate judge, while in the court room or in chambers, and not 
 actually engaged in the performance of other official duties must 
 act upon any application for his official action, properly made to 
 him. One branch of the First City Court of Chicago shall be 
 kept open and at least one judge assigned for that purpose by 
 the chief justice, shall be in attendance thereat, each day ex- 
 cepting Sunday or a public holiday from nine o 'clock a. m. until 
 ten o'clock p. m., excepting two hours' intermission, for the 
 transaction of such business as may come before it. It shall be 
 the duty of the chief justice and associate judges to meet to- 
 gether at least once in each month, excepting the month of An-
 
 592 PRACTICE IN THE MUNICIPAL COURT. 
 
 gust, in each year, at such hour and place as may be designated 
 by the chief justice, and at such other times as may be required 
 by the chief justice, for the consideration of such matters per- 
 taining to the administration of justice in said Common Pleas 
 Court and in said City courts as may be brought before them. 
 At such meetings they shall receive and investigate, or cause to 
 be investigated, all complaints presented to them pertaining to 
 the said courts and to the officers thereof, and shall take such 
 steps as they may deem necessary or proper with respect thereto, 
 and they shall have power and it shall be their duty to adopt or 
 cause to be adopted all such rules and regulations for the proper 
 administration of justice in said courts as to them may seem ex- 
 pedient. The salary of the chief justice shall be seven thousand 
 five hundred dollars ($7,500) per annum and the salary of an 
 associate judge shall be six thousand dollars ($6,000) per annum, 
 payable in monthly installments out of the city treasury. 
 
 Section 8. That the chief justice and the associate judges of 
 the Common Pleas Court provided for in the preceding section 
 shall be elected on the first Tuesday of April, A. D, 1906; that 
 the chief justice shall hold his office for the term of six years, 
 and until his successor shall be elected and qualified ; that of the 
 said associate judges so to be elected eight (8) shall be elected 
 for the term of two (2) years, eight '(8) for the term of four 
 (4) years, and eight (8) for the term of six (6) years, and until 
 their respective successors shall be elected and qualified, and on 
 the first Tuesday of April, A. D. 1908^ and on the first Tuesday 
 of April of every sixth year thereafter, and on the first Tuesday 
 of April, A. D. 1910, and on the first Tuesday of April of every 
 sixth year thereafter, there shall be elected eight (8) associate 
 judges of said Common Pleas Court, and on the first Tuesday of 
 April, A. D. 1912, and every sixth year thereafter, there shall be 
 elected a chief justice and eight (8) associate judges of said 
 Common Pleas Court as successors in office of the chief justice 
 and associate judges of the Common Pleas Court by this act re- 
 quired to be elected, each of whom shall hold his office for the 
 term of six years and until his successor shall be elected and 
 qualified. The judges so required to be elected shall enter upon 
 the discharge of their duties on the first Monday of June follow- 
 ing their election. But the city council of the city of Chicago
 
 APPENDIX. 593 
 
 may by ordinance change the dates of the election of said judges 
 so as to require such elections to be held on the same dates which 
 may, from time to time, be prescribed by law for the election of 
 aldermen of the city of Chicago, and for that purpose may 
 lengthen or shorten the terms of office of the judges in office at 
 the time such changes are made: Provided, Jiowever, that no 
 regular election of judges shall be held on the date which may, 
 from time to time, be fixed by law for the election of mayor of 
 the city of Chicago. Vacancies in the offices of chief justice or 
 associate judge of the Common Pleas Court shall be filled by 
 election at the regular municipal, judicial or other general elec- 
 tion, which shall occur next after a period of thirty (30) days 
 from the time such vacancies respectively occur, but where the 
 unexpired term does not exceed one year the vacancy shall be 
 filled by appointment by the Governor. Whenever a vacancy 
 occurs in the office of the chief justice or whenever the chief jus- 
 tice shall be absent from the city of Chicago, or incapacitated 
 from acting, the associate judges shall select one of their number 
 to act as chief justice until such vacancy shall be filled by elec- 
 tion or appointment as above provided for, or until the return 
 of the chief justice or until his incapacity ceases. 
 
 Section 9. That no person shall be eligible to the office of 
 chief justice or of associate judge of the Common Pleas Court 
 unless he shall be at least thirty years of age and a citizen of the 
 United States, nor unless he shall have resided in the County of 
 Cook and been there engaged either in active practice as an 
 attorney and counsellor at law or in the discharge of the duties 
 of a judicial office, five years next preceding his election, or in 
 one of said occupations during a portion of said time and in the 
 other the remaining portion thereof, and shall, at the time of his 
 election, have been a duly licensed attorney in the State of Illi- 
 nois for a period of at least five (5) years, and shall then be a 
 resident of the city of Chicago. Nor shall any person be eligible 
 to the office of chief justice or associate judge of the Common 
 Pleas Court, who shall have contributed or expended, directly or 
 indirectly, or who shall have agreed to contribute or expend, 
 directly or indirectly, any money or property whatever for the 
 purpose of furthering either his nomination as a candidate for 
 38
 
 59-4 PRACTICE IN THE MUNICIPAL COURT. 
 
 said office or his election thereto, or the nomination or election of 
 any other candidate for office at such election. 
 
 Section 10. That every chief justice and associate judge of 
 such Common Pleas Court, before he enters upon the duties of 
 his office shall take and subscribe the following oath or affir-ma- 
 tion: 
 
 I do solemnly swear (or affirm, as the case may be) that I will 
 support the Constitution of the United States and the Constitu- 
 tion of the State of Illinois, and that I will faithfully discharge 
 the duties of the office of chief justice (or associate judge) of the 
 Common Pleas Court of Chicago according to the best of my 
 ability. 
 
 Said oath shall be filed in the office of the Secretary of State. 
 
 Section 11, That whenever two-thirds in number of the 
 judges of the Common Pleas Court shall transmit to the City 
 Council of the City of Chicago a certificate signed by them that 
 in the opinion of said judges the business of said Common Pleas 
 Court and of said City Courts is such as to require an increase 
 in the number of the associate judges of said Common Pleas 
 Court, said City Council may, by ordinance, provide for an in- 
 crease of not more than six in the number of said judges, who 
 shall be elected at the next ensuing municipal, judicial or gen- 
 eral election in said city. The judges elected in accordance with 
 such ordinance shall hold their offices until the next ensuing reg- 
 ular election of judges of said Common Pleas Court and until 
 their successors shall be elected and qualified, and at such next 
 ensuing regular election of judges of said Common Pleas Court 
 and every six years thereafter, there shall be elected the addi- 
 tional number of judges provided by said ordinance, as success- 
 ors in office of said additional judges. But after such increase 
 in the number of judges is once so made by ordinance, no sub^ 
 sequent increase thereof shall be made by the City Council. 
 
 Section 12. That the judges of said Common Pleas Couii^ 
 may interchange with judges of the Circuit Courts and judges 
 of the Superior Court of Cook County and with judges of other 
 city courts, and said respective judges may hold court for each 
 other and perform each other's duties when they find it neces- 
 sary or convenient, and it shall be the duty of the judges of said
 
 APPENDIX. 595 
 
 Common Pleas Court to hold branches of the Circuit and Supe- 
 rior Courts of Cook County, and the duty of the judges of the 
 Circuit and Superior Courts of Cook County to hold branches of 
 said Common Pleas Court, and of said City Courts, whenever the 
 condition of the business of said respective courts, and the proper 
 administration of justice therein, may render it expedient for 
 them to do so. Any judge of the Common Pleas Court may, at 
 the request of the chief justice of the Circuit Court of Cook 
 County, or of the chief justice of the Superior Court of Cook 
 County, be assigned by the chief justice of the Conunon Pleas 
 Court to duty in said Circuit or Superior Court whenever in the 
 opinion of such last mentioned chief justice the condition of the 
 business of said respective courts may render such assignment 
 proper and expedient. 
 
 Section 13. That there shall be a clerk of said Common Pleas 
 Court who shall be elected on the first Tuesday of April, A. D. 
 1906, and every fourth year thereafter, and who shall hold his 
 office for the term of four years and until his successor shall be 
 elected and qualified. He shall be ex-officio clerk of each city 
 court. He shall perform with respect to said Common Pleas 
 Court, city courts and the respective branches thereof, the duties 
 usually performed by clerfe of courts of record. He shall give 
 his personal attention to the performance of the duties of his 
 office. The clerk's offices of the Common Pleas Court and of the 
 city courts shall be kept open for the transaction of business 
 from eight o'clock A. M. to six o'clock P. M. of each working 
 day during the year. Until otherwise provided by the rules 
 which may be adopted under the provisions of this act, the pow- 
 ers, duties and liabilities, the oath of office and the bond and 
 conditions thereof of such clerk shall be the same, as near as 
 may be, as those prescribed by law for clerks of courts by the act 
 entitled, "An act to revise the law in relation to clerks of 
 courts," approved March 25, 1874, and in force July 1, 1874. 
 His salary shall be five thousand dollars ($5,000) per annum and 
 shall be paid in monthly installments out of the city treasury. 
 
 Section 14. That said clerk shall appoint such number of 
 deputies as may be determined, from time to time, by a majority 
 of the judges of the Common Pleas Court by orders signed by
 
 596 PRACTICE IN THE MUNICIPAL COURT, 
 
 them and spread upon the records of said court. The salaries of 
 deputy clerks shall be fixed, from time to time, by orders signed 
 by a majority of the judges of the Common Pleas Court and 
 spread upon the record of the court, and shall be payable out of 
 the city treasury in monthly installments, provided, however, 
 that the salary of no deputy clerk shall exceed fifteen hundred 
 dollars ($1,500) per annum. Such number of deputy clerks so 
 appointed as the judges may deem necessary shall be competent 
 shorthand reporters, capable of correctly taking down steno- 
 graphically and transcribing the proceedings of courts, and shall 
 perform such duties with respect to attending upon and taking 
 down stenographic reports of the proceedings of the City Courts 
 as may be required by the judges and for making and furnish- 
 ing transcripts of their stenographic reports aforesaid deputy 
 clerks shall be allowed to make such reasonable charge, not ex- 
 ceeding fifteen cents per each one hundred words, to the parties 
 to whom such transcripts are furnished, as may be determind by 
 the judges, and the judges may allow said deputy clerks to 
 retain, as additional compensation for their services, one-half of 
 the charges so collected, the balance of such charges to be 
 accounted for by such deputy clerks in the same manner as costs 
 collected by them. Such deputy clerks shall take the same oath 
 or affirmation required of the clerk of said Common Pleas Court 
 and shall give bonds to be approved by the chief justice of said 
 court, conditioned, as near as may be, like the bond required of 
 the clerk. Any deputy clerk shall be subject to removal at any 
 time by an order signed by a majority of the judges of the Com- 
 mon Pleas Court and spread upon the records of said court. The 
 number of deputy clerks may be reduced at any time by an order 
 signed by a majority of the judges of said Common Pleas Court 
 and spread upon the records of said court. It shall be the duty 
 of deputy clerks to render to parties to suits such assistance and 
 give them such information as may enable them to properly 
 commence suits or to enter their appearance when sued in the 
 City Courts, which duty shall be regulated and defined by in- 
 structions to be prepared by the chief justice. The selection of 
 deputy clerks shall be made in accordance with the provisions of 
 such laws as may be in force, from time to time, regulating the 
 civil service of cities.
 
 I 
 
 APPENDIX. 597 
 
 Section 15. That there shall be a bailiff of said Common 
 Pleas Court, who shall be elected on the first Tuesday of April 
 A. D. 1906, and every fourth year thereafter, and who shall hold 
 his office for the term of four years and until his successor shall be 
 elected and qualified. He shall be ex-offi.cio bailiff of each City 
 Court. He shall perform with respect to said Common Pleas 
 Court, City Courts and the respective branches thereof, the 
 duties usually performed by sheriffs in respect to attendance 
 upon, and service and execution of the process, and obedience of 
 the lawful orders and directions of, a circuit court. He shall give 
 his personal attention to the performance of the duties of his 
 office. The bailiff's offices of the Common Pleas Court and of 
 the City Courts shall be kept open for the transaction of busi- 
 ness from eight o'clock A. M. to six o'clock P. M. of each work- 
 ing day during the year. Until otherwise provided by the rules 
 which may be adopted under the provisions of this act, the pow- 
 ers, duties and liabilities, the oath of office, and the bond and 
 conditions thereof of such bailiff, shall be the same, as near as 
 may be, as those prescribed by law for sheriffs with respect to 
 attendance upon, and service and execution of the process, and 
 obedience of the lawful orders and directions of a circuit court. 
 His salary shall be five thousand dollars ($5,000) per annum and 
 shall be paid in monthly installments out of the city treasury. 
 
 Section 16. That said bailiff shall appoint such number of 
 deputies as may be determined from time to time by a ma- 
 jority of the judges of the Common Pleas Court by orders signed 
 by them and spread upon the records of said court. The sala- 
 ries of deputy bailiffs shall be fixed from time to time by orders, 
 signed by a majority of the judges of the Common Pleas Court 
 and spread upon the records of the court and shall be payable 
 out of the city treasury in monthly installments, provided, how- 
 ever, that the salary of no deputy bailiff shall exceed twelve hun- 
 dred dollars ($1,200) per annum. Such deputy bailiffs shall 
 take the same oath or affirmation required of the bailiff of said 
 Common Pleas Court and shall give bonds to be approved by 
 the Chief Justice of said court conditioned, as near as may be, 
 like the bond required of the bailiff. The bailiff and deputy 
 bailiffs of the Common Pleas Court shall be ex-officio police offi- 
 cers of the City of Chicago. Any deputy bailiff shall be subject
 
 59 S PRACTICE IN THE MUNICIPAL COURT. 
 
 to removal at any time by an order si^ed by a majority of the 
 judges of the Common Pleas Court and spread upon the records 
 of said court. The number of deputy bailiffs may be reduced 
 at any time by an order signed by a majority of the judges of 
 said Common Pleas Court and spread upon the records of said 
 court. Every police officer of the City of Chicago shall be ex- 
 officio a deputy bailiff of the Common Pleas Court and shall per- 
 form, from time to time, such duties in respect to criminal and 
 quasi criminal cases, including cases pertaining to alleged viola- 
 tions of city ordinances, pending in the city courts as may be re- 
 (juired of him by any city court or any judge thereof. All selec- 
 tions of deputy bailiffs shall be made in accordance with the pro- 
 visions of such laws as may be in force, from time to time, regu- 
 lating the civil service of cities. 
 
 Section 17. That neither the clerk nor the bailiff nor any 
 deputy clerk or deputy bailiff of said Common Pleas Court shall 
 receive, aside from his salary and the costs by this act required to 
 be paid to him in his official capacity, any money, property or 
 other valuable thing, as a gratuity or otherwise, for the per- 
 formance of any duty imposed upon him by virtue of his office, 
 or for the performance of any work of any kind or character in 
 any manner connected therewith, nor shall any judge, or the 
 clerk or the bailiff or any deputy clerk or deputy bailiff of said 
 court, solicit or receive, or cause to be solicited or received, from 
 any railroad corporation or other common carrier, for himself 
 or for any other person, any free pass or other gift of value. It 
 shall be the duty of the judges of said Common Pleas Court to 
 remove from office any deputy clerk, or deputy bailiff, who shall 
 violate either of the provisions of this section. No clerk or 
 bailiff, or deputy clerk or deputy bailiff, of the Common Pleas 
 Court shall be appointed receiver or guardian ad litem in any 
 suit therein pending. 
 
 Section 18. That until otherwise determined in the manner 
 hereinafter provided, and except as by this act is otherwise pre- 
 scribed, the practice in the Common Pleas Court shall be the 
 same, as near as may be, as that which is now prescribed by law 
 for similar suits or proceedings in Circuit Courts, and until 
 otherwise determined in the manner hereinafter provided and 
 except as by this act is otherwise prescribed, the practice in the
 
 APPENDIX. 599 
 
 City courts shall be the same, as near as may be, as that which 
 is now prescribed by law for similar suits and proceedings before 
 justices of the peace and police magistrates. Said Common 
 Pleas Court and said City courts shall be the sole judges of the 
 applicability to the proceedings of said courts of the rules of 
 practice prescribed by law for similar cases in the Circuit Courts 
 and before justices of the peace and police magistrates, and 
 their decisions in respect thereto shall not be subject to review 
 upon appeal or writ of error: Provided, however, that upon ap- 
 peal or writ of error, the Supreme Court or Appellate Court, as 
 the case may be, may grant relief from any such decision m any 
 <;ase where, in the opinion of the Supreme Court or Appellate 
 Court, such relief is necessary to prevent a failure of justice. 
 
 Section 19. That the judges of said Common Pleas Court 
 shall have power to adopt in addition to or in lieu of the pro- 
 visions herein contained prescribing the practice in said Common 
 Pleas Court and City courts, or of any portion or portions of 
 said provisions, such rules regulating the practice in said re- 
 spective courts as they may deem necessary or expedient for the 
 proper administration of justice therein. The adoption of said 
 rules shall be accomplished, by an order sigTied by a majority of 
 said judges, which order, when made, shall be forthwith spread 
 upon the record of the Common Pleas Court and shall be printed 
 in pamphlet form at the expense of the city and shall go into 
 effect thirty days after being so spread upon said record, and 
 when it shall so go into effect the rules thereby prescribed shall 
 supersede and take the place of all the provisions of this act per- 
 taining to the practice of said courts inconsistent therewith, and 
 said rules so adopted may be amended, rescinded or added to by 
 a like order signed by a like number of judges of said court, 
 such order to be likewise spread upon the record of said court 
 and printed in pamphlet form, and to go into effect thirty days 
 after being spread upon said record : Provided, however, that any 
 resident of the City of Chicago shall, upon petition therefor, at 
 any time within sixty days from the entry of any such order, be 
 allowed to appeal from such order to the Supreme Court. Such 
 appeal shall be allowed without bond, but shall not suspend the 
 operation of said order during its pendency. Upon such appeal 
 the Supreme Court shall review the said order and consider the
 
 600 PRACTICE IN THE MUNICIPAL COURT. 
 
 rules thereby adopted and may either confirm said order or may 
 modify or set aside the same, and the Supreme Court may, in its 
 discretion, substitute for the rules so adopted by said judges of 
 said Common Pleas Court, or for any portion thereof, such other 
 rules as the Supreme Court may deem proper, and may, in its 
 discretion, of its own motion or otherwise, make any order re- 
 specting the rules of said Common Pleas Court and City courts 
 which it may deem proper. The Supreme Court and the Ap- 
 pellate Courts in cases brought to them from the Common Pleas 
 Court and the City courts by appeal or writ of error shall 
 take judicial notice of the rules of practice from time to time in 
 force in said Common Pleas Court and in said City Courts. 
 
 Section 20, That there shall be no stated terms of the Com- 
 mon Pleas Court or of the City courts, but said courts shall be 
 always open for the transaction of business. Every judgment, 
 order or decree of either of said courts, final in its nature, shall, 
 for the period of thirty days after the entry thereof, be subject 
 to be vacated, set aside or modified, in the same manner and to 
 the same extent as a judgment, decree or order of a Circuit 
 Court during the term at which the same was rendered in such 
 Circuit Court. After the lapse of thirty days any such judgment, 
 decree or order shall not be vacated, set aside or modified, ex- 
 cepting upon appeal or writ of errror, or by bill in equity ; pro- 
 vided, however, that all errors in fact in the proceedings in such 
 case, which could have been corrected at common law by the writ 
 of error coram nobis, may be corrected by motion or the judg- 
 ment may be set aside, in the manner provided by law for similar 
 cases in the Circuit Courts. 
 
 Section 21. That the final orders, judgments and decrees of 
 the Common Pleas Court may be reviewed, upon error or appeal, 
 by the Supreme Court in all criminal cases above the grade of 
 misdemeanors, cases in which a franchise or freehold, or the 
 validity of a statute or construction of the constitution is in- 
 volved, and" in all eases relating to the revenue or in which the 
 State is interested as a party or otherwise, and by the Appellate 
 Court in all other cases. The practice in cases of appeals from or 
 writs of error to said Common Pleas Court shall, except as in 
 this act, or by rules of said court adopted in pursuance hereof^
 
 APPENDIX. 601 
 
 may be otherwise provided, be the same, as near as may be, as 
 the practice in cases of appeals from and writs of error to Cir- 
 cuit Courts in similar cases. But no appeal shall be allowed in 
 any case unless the same be prayed for within twenty days after 
 the entry of the order, judgment or decree, appealed from, and 
 no assignment of error in the Supreme Court or in the Appel- 
 late Court in any case shall be allowed which shall call in ques- 
 tion the decision of the Common Pleas Court in respect to any 
 matter pertaining to the practice in said court; provided, how- 
 ever that the Supreme Court or Appellate Court, as the case may 
 be, may grant relief from any error of the Common Pleas Court 
 in respect to a matter of practice therein in any case where, in 
 the opinion of the Supreme Court or Appellate Court, such relief 
 is necessary to prevent a failure of justice. 
 
 Section 22. That the final orders and judgments of the City 
 courts shall be reviewed by writ of error only. Such writ of 
 error shall be sued out of the Supreme Court in all cases in which 
 a franchise, a freehold or the validity of a statute or the con- 
 struction of the constitution, is involved, and out of the Appel- 
 late Court in all other cases. The time within which a writ of 
 error may be sued out in any such case shall be limited to thirty 
 days after the entry of the final order or judgment complained 
 of. The manner of prosecuting such writ of error shall be as 
 follows : 
 
 First. Any party against whom there has been rendered any 
 final order or judgment of a City court and who shall desire to 
 obtain a review of such final order or judgment by appeal or 
 writ of error, may obtain from such City court a stay of execu- 
 tion upon such order or judgment for ninety days after the en- 
 try thereof by the giving of a bond with a sufficient surety or 
 sureties, to be approved by a judge of the City court, conditioned 
 for the performance by such party of, or his compliance with, 
 such order or judgment, or his payment of the money thereby re- 
 quired to be paid and all costs which may be awarded the oppo- 
 site party in the Supreme Court or Appellate Court, as the case 
 may be, in case a writ of error to review such order or judgment 
 shall not be sued out within thirty days from the date thereof, or 
 in case, upon the suing out and prosecution of such writ of er-
 
 602 PRACTICE IN THE MUNICIPAL COURT, 
 
 ror, the order or judgment shall be affirmed by the Supreme 
 Court or Appellate Court, as the case may be. 
 
 Second. No other or further stay of proceeding's or execution 
 in any such case shall be allowed by the City Court but the Su- 
 preme Court or the Appellate Court, or any judge thereof may 
 allow a supersedeas as in other eases, but upon the allowance of 
 any supersedeas when any bond has been given as above pro- 
 vided, no additional bond shall be required and such supersedeas 
 shall be operative until the final determination of such writ of 
 error. 
 
 Third. If, upon application to the Supreme Court or Appel- 
 late Court, or to any judge thereof, for a supersedeas, the same 
 shall be denied, such order or judgment shall stand affirmed, and 
 no further proceedings shall be had in said Supreme Court or 
 Appellate Court with respect thereto, unless the Supreme Court 
 or Appellate Court, or the judge denying such supersedeas, shall 
 otherwise order. 
 
 Fourth. The party in whose favor any final order or judg- 
 ment has been entered shall b entitled to sue out a writ of error 
 from the Supreme Court or the Appellate Court, as the case may 
 be, by depositing with the clerk of the court from which said 
 writ of error is sued out the sum of Twenty Dollars ($20) as se- 
 curity to the opposite party for such costs as may be awarded 
 such opposite party by the Supreme Court or the Appellate 
 Court, as the case may be, upon the final determination of such 
 writ of error. 
 
 Fifth. The party suing out any writ of error shall not be re- 
 quired to serve upon the opposite party any scire facias to hear 
 en'ors, but in lieu thereof shall, within five days after the is- 
 suance of the writ of error, file the same with the clerk of said 
 City court, and make to the Supreme Court or Appellate Court, 
 as the case may be, proof of such filing, and such writ of error 
 so filed shall be notice to the opposite party of the suing out and 
 prosecution of such writ of error. 
 
 Sixth. Upon application made at any time within sixty days 
 after the entry of any final order or judgment, it shall be the 
 duty of the judge by whom such final order or judgment was 
 entered, to sign and place on file in the ease in which the same 
 was entered, if so requested by either of the parties to the suit.
 
 APPENDIX. 603 
 
 either a correct statement, to be prepared by the party request- 
 ing the signing of the same, of the facts appearing upon the trial 
 thereof and of all questions of law involved in such case, and 
 the decisions of the court upon said questions of law, or a cor- 
 rect stenographic report, the expense of procuring w^hich shall be 
 paid by the party requesting the signing of the same, of the 
 proceedings at the trial, as such party may elect, the original of 
 which statement or stenographic report, together with a certi- 
 fied transcript of the judgment, shall be certified to the Supreme 
 Court or Appellate Court, as the case may be, as the record to 
 be considered upon the review of such order or judgment by 
 writ of error. 
 
 Seventh. No order or judgment so sought to be reviewed 
 shall be reversed unless the Supreme Court or Appellate Court, 
 as the case may be, shall be satisfied from said statement or steno- 
 graphic report signed by said judge that such order or judgment 
 is contrary to law, in which last mentioned case the Supreme 
 Court or Appellate Court, as the case may be, may enter such 
 order or judgment as, in its opinion, the City court ought to 
 have entered, or it may reverse the said order or judgment and 
 remand the case to the City court for further proceedings. 
 
 Eighth. No assignment of error in the Supreme Court or in 
 the Appellate Court in any such case shall be allowed which shall 
 call in question the decision of such City court in respect to any 
 matter pertaining to the practice in such court, nor shall any ex- 
 ceptions to the rulings and decisions of the City court upon the 
 trial be necessary to the right of either party to a review of such 
 rulings and decisions in the Supreme Court or Appellate Court 
 upon their merits, but it shall be the duty of the Supreme Court 
 or the Appellate Court, as the case may be, to decide such case 
 upon its merits as they may appear from such statement or 
 stenographic report signed by the judge; provided, however, that 
 the Supreme Court or Appellate Court, as the case may be, may 
 grant relief from any error of any City court in respect to a mat- 
 ter of practice therein in any case where, in the opinion of the 
 Supreme Court or Appellate Court, such relief is necessary to 
 prevent a failure of justice. 
 
 Section 23. That in any case transferred to said Common 
 Pleas Court by the Circuit or Superior Court of Cook County for
 
 604 PRACTICE IN THE MUNICIPAL COURT. 
 
 trial and disposition, said Common Pleas Court shall exercise tlie 
 same powers as the Court from which said case has been trans- 
 ferred might have exercised had said case not been so transfer- 
 red. The Circuit Court of Cook County, or the Superior Court 
 of Cook County, may, upon the application of either party for 
 a change of venue, or upon the request of both parties, to any 
 suit at law or in equity pending therein, transfer said suit to the 
 Common Pleas Court for trial and disposition. The Criminal 
 Court of Cook County may, upon the request of the State's at- 
 torney or of any defendant, transfer to the Common Pleas Court 
 for trial and disposition any case therein pending and shall have 
 power to make all orders which it may deem necessary to ac- 
 complish such transfer and secure the attendance of the parties 
 and witnesses upon said Common Pleas Court until the final dis- 
 position of the case, and said Common Pleas Court, when any 
 criminal case shall have been so transferred to it, shall exercise 
 all the powers with respect to the trial and disposition of said 
 case which the said Criminal Court of Cook County might have 
 exercised had said case not been so transferred. All judgments 
 of conviciton in criminal cases transferred to it by the Criminal 
 Court of Cook County, where the punishment inflicted is death 
 or imprisonment, shall be carried into execution in the same man- 
 ner as is provided by law for similar cases in said Criminal Court 
 of Cook County. The prosecution of all criminal cases in the 
 Common Pleas Court shall be conducted by or under the super- 
 vision of the State's attorney of Cook County, but in any ease 
 in which the State's attorney is disqualified from acting or is un- 
 able to act, the court may appoint some attorney at law of Cook 
 County to act as prosecuting attorney in such case. 
 
 Section 24. That the petit jurors for the trial of cases in 
 said Common Pleas Court shall be provided by the jury of com- 
 missioners of the County of Cook in the same manner and from 
 the same lists, as near as may be, as petit jurors are provided for 
 the Circuit, Superior and Criminal Courts of Cook County. The 
 names of the necessary number of petit jurors required from 
 time to time in said Common Pleas Court shall be furnished by 
 said jury commissioners upon demand to the clerk of the Com- 
 mon Pleas Court and the venires for such jurors shall be directed 
 to and served by the sheriff of Cook County at the expense of
 
 \ 
 
 APPENDIX. 605 
 
 said county and the fees of the said jurors shall be paid out of 
 the county treasury. The number of petit jurors to be sum- 
 moned from time to time shall be determined by the chief justice. 
 
 Section 25. That it shall be the duty of the Chief Justice of 
 the Common Pleas Court to interrogate and inquire into the 
 qualifications of all petit jurors summoned for service upon the 
 regular panels in the Common Pleas Court, and to reject from 
 such regular panels all persons who do not appear to possess the 
 qualifications required by law, and to cause such panels to be 
 filled by persons competent to serve as jurors. 
 
 Section 26. That all criminal cases in said Common Pleas 
 Court in which the punishment is by fine or imprisonment other- 
 wise than in the penitentiary, may be prosecuted by information 
 of the Attorney General or State's attorney, or some other per- 
 son, and when an information is presented by any person other 
 than the Attorney General or State 's attorney, it shall be verified 
 by affidavit of such person that the same is true, or that the same 
 is true as he is informed and believes. Before an information is 
 filed by any person other than the Attorney General or State's 
 attorney, one of the judges of the Common Pleas Court shall ex- 
 amine the information and may examine the person presenting 
 the same and require other evidence and satisfy himself that 
 there is probable cause for filing the same and so endorse the 
 .same. Every information shall set forth the offense with reason- 
 able certainty, substantially as required in an indictment, and 
 the proceedings thereon shall be the same, as near as may be, as 
 upon indictments in the Criminal Court of Cook County. Any 
 person committed for a criminal or supposed criminal offense, 
 and not admitted to bail, and not tried within four months of 
 the date of arrest shall be set at liberty by the court, unless the 
 delay shall happen on the application of the prisoner, or unless 
 the court is satisfied that due exertion has been made to procure 
 the evidence on the part of the people, and that there is reason- 
 able grounds to believe that such evidence may be procured with- 
 in the next sixty days, in which case the court may continue the 
 case for such time as the court may deem necessary not exceeding 
 said sixty days ; Provided, that if said person be not tried with- 
 in said sixty days, no further continuance shall be granted and 
 said person shall be set at liberty by the court.
 
 606 PRACTICE IN THE MUNICIPAL COURT. 
 
 Section 27. That, until otherwise provided by the rules of 
 the Common Pleas Court, and except as is herein otherwise pre- 
 scribed, civil suits and proceedings shall be commenced and pros- 
 ecuted in said Common Pleas Court in the same manner in which 
 similar cases and proceedings are required to be commenced and 
 prosecuted in the Circuit Courts, and excepting also in i,he fol- 
 lowing particulars: 
 
 First. The summons, when the first process is a summons, or 
 the writ, when the first process is a writ, shall be directed to the 
 bailiff to execute and shall be returnable upon some Monday at 
 least ten days, and not more than thirty days, after the date 
 thereof. 
 
 Second. Service of such summons or writ shall be made by 
 delivering a copy thereof to the defendant in person, if an indi- 
 vidual, and informing him of the contents thereof, but if any de- 
 fendant be a corporation, the service shall be made in the man- 
 ner provided by law for similar cases in the Circuit Court. 
 
 Third. Notice to the defendant by publication may be given 
 under like circumstances and in the same manner as is provided 
 by law for similar cases in the Circuit Courts, but the notice 
 published in lieu of stating the time of the return of the sum- 
 mons or writ shall state the date on or before which the defend- 
 ant is required to appear, which date shall be some Monday not 
 less than forty nor more than sixty days after the date of the 
 first publication of notice, as the plaintiff may require. 
 
 Fourth. No suit shall be commenced in the Common Pleas 
 Court unless the defendant, if there be but one defendant, re- 
 sides or is found within the City of Chicago, or if the defendant 
 be a corporation, unless its principal office is within said City; 
 but if the defendant be a corporation not having a principal of- 
 fice in the City of Chicago suit may be brought in the Common 
 Pleas Court whenever service of process may be had within the 
 City upon any officer, agent or employe of such corporation up- 
 on whom service of processs might be had if issued in a suit com- 
 menced in the Circuit Court. 
 
 Fifth. The provisions of paragraph Fourth above, shall not 
 apply to attachment suits brought against non-residents of this 
 State, which suits may be brought in the Common Pleas Court
 
 APPENDIX. b(j7 
 
 when any property of the defendant is levied upon, or any 
 garnishee resides or is found within the City of Chicago. 
 
 Sixth. When there are several defendants, one of whom re- 
 sides or is found in the City of Chicago, a summons or writ may 
 be issued to the sheriff of Cook County for any defendant resid- 
 ing in said County, but outside of the City of Chicago, or to the 
 sheriff of any other county for any defendant residing in such 
 county, and service of any summons or writ so issued shall be 
 made in the same manner as herein required in the case of a 
 summons or writ directed to the bailiff; provided, however, that 
 no judgment shall, in any such case, be rendered against any 
 defendant served with process outside of the City of Chicago un- 
 less judgment be also rendered against a defendant served with- 
 in said city of Chicago. 
 
 Seventh. The plaintiff shall file his declaration within five 
 days after the commencement of the suit, in default whereof the 
 suit shall be dismissed unless the court by an order entered in 
 said suit shall extend the time for filing such declaration. 
 
 Eighth. The defendant shall, in case he shall have been served 
 with process of summons or with the writ five days or more prior 
 to the return day thereof, demur or plead to the declaration or 
 the complaint on or before the Monday succeeding such return 
 day ; but in case the summons or writ shall have been served less 
 than five days prior to the return day the defendant shall not 
 be required to plead to the declaration or complaint until on or 
 before the second Monday after such return day. In case the 
 time for filing the declaration or complaint shall be extended by 
 the court, the time for the defendant to demur or plead to the 
 same shall be extended until the second Monday succeeding the 
 expiration of such extension of time. The time within which 
 the defendant is required to demur or plead may be extended 
 by the court in its discretion. 
 
 Section 28. That no City court shall exercise jurisdiction in 
 any suit brought therein unless the defendant, if there be one 
 defendant, or one of the defendants, if there be more than one 
 defendant, resides or is found within the district in which such 
 City court is located, or if the defendant be a corporation having 
 its principal office in the City of Chicago, unless its principal
 
 608 PRACTICE IN THE MUNICIPAL COURT. 
 
 office is within such district; but if the defendant be a corpora- 
 tion not having a principal office in the City of Chicago, suit may 
 be brought in any City Court within whose district service of 
 process may be had upon any officer, agent or employe of such 
 corporation upon whom service of process might be had if 
 issued in a suit commenced in the Circuit Court. If, m any 
 case, there is more than one defendant and one defendant re- 
 sides or is found within said district, or is propertly served with 
 process therein, the process of such City court may be served 
 upon the remaining defendant or defendants at any place with- 
 in said City of Chicago. But no suit shall be brought against 
 the City of Chicago or any other municipal corporation in any 
 City court other than The First City Court of Chicago. If, in 
 any case where there is more than one defendant, process is duly 
 served upon one or more defendants and returned not served as 
 to another defendant or other defendants, the suit shall proceed 
 as in like cases in the Circuit Court. But the requirement that 
 the defendant, if there be but one defendant, or one of the de- 
 fendants, if there be more than one defendant, must reside or 
 be found within the district in which such city court is located, 
 shall not apply to attachment suits brought against non-residents 
 of this State, which suits may be brought in any City court 
 when any property of the defendant is levied upon, within the 
 district of such City court, or any garnishee resides or is found 
 in such district ; nor shall it apply to forcible entry and detainer 
 suits in which the defendants do not reside or cannot be found 
 within the City of Cliicago, which suits may be brought in the 
 City court within the district in which the property, the posses- 
 sion of which is sought to be recovered, is situated and service 
 of summons may be had by notice by publication in the manner 
 provided by law in cases of attachment in courts of record. 
 When, upon the complaint of any defendant, it shall be made 
 to appear to any City court that the suit has been improperly 
 brought therein, the court shall not be required on that account 
 to dismiss the suit, if any City court could properly have juris- 
 diction thereof; but in such case the court may cause such suit 
 to be transferred to the proper City court and the court to which 
 the same is transferred shall proceed therewith as if the same 
 had been originally commenced in said district; provided, how- 
 ever, that the court may, in its discretion, require the plaintiff
 
 APPENDIX. 609 
 
 to pay the costs of the defendant paid by him prior to such 
 transfer. 
 
 Section 29. That every suit at law in the Common Pleas 
 Court, other than a criminal case, and every suit, other than a 
 criminal case, in any City court shall be tried by the court with- 
 out a jury unless the plaintiff, at the time he commences his suit, 
 or the defendant at the time he enters his appearance, shall file 
 with the clerk a demand in writing of a trial by jury, which de- 
 mand of the plaintiff, however, may be withdrawn by the plain- 
 tiff at any time before the return day of the summons. 
 
 Section 30. That in all civil cases tried by jury in the Com- 
 mon Pleas Court each party shall be entitled to a challenge of 
 three jurors without showing cause for such challenge, and chal- 
 lenges for statutory and other causes shall be allowed as in simi- 
 lar cases in the Circuit Courts. It shall be the duty of the judge 
 presiding at the trial to examine or cause to be examined all 
 jurors called in to the jury box in any civil case with respect to 
 their statutory qualifications to serve as petit jurors in such case 
 ■and to permit the parties to propound to the jurors such perti- 
 nent questions as may be necessary for the purpose of ascertain- 
 ing whether the jurors are biased or prejudiced. But upon ap- 
 peal or writ of error to review any judgment of said Common 
 Pleas Court in a civil case tried by jury, no assignment of error 
 shall be allowed which shall call in question any ruling of the 
 court pertaining to or connected with the impanelling of the 
 jury other than a ruling improperly restricting the right of a 
 party to examine the jurors as to bias or prejudice or improperly 
 overruling a challenge by a party of a juror for bias or prejudice. 
 
 Section 31. That every person arraigned in the Common 
 Pleas Court for any crime punishable with death or imprison- 
 ment for life shall be admitted on his trial to a peremptory chal- 
 lenge of twenty jurors and no more ; and every person arraigned 
 for any offense that may be punished by imprisonment for a 
 term not exceeding eighteen months shall be admitted to a per- 
 emptory challenge of ten jurors and no more; and in all other 
 criminal trials the defendant shall be allowed a peremptory chal- 
 lenge of six jurors and no more. The attorney prosecuting on 
 behalf of the people shall be admitted to a peremptory chal-
 
 610 PRACTICE IN THE MUNlCIP^Ui COURT. 
 
 lenge of the same number of jurors that the accused is entitled 
 to. In all such cases challenges for statutory and other causes 
 shall be allowed as in similar cases in the Criminal Court of 
 Cook County. It shall be the duty of the judge presiding at the 
 trial to examine or cause to be examined all jurors called into 
 the jury box in any criminal case with respect to their statutory 
 qualifications to serve as petit jurors in such case, and to permit 
 the people and the defendant to propound to the jurors such 
 pertinent questions as may be necessary for the purpose of ascer- 
 taining whether the jurors are biased or prejudiced. But upon 
 any writ of error to review any judgment of said Common Pleas 
 Court in a criminal case tried therein by a jury, no assignment 
 of error shall be allowed which shall call in question any ruling 
 of the Common Pleas Court pertaining »to or connected with the 
 impanelling of the jury, other than a ruling improperly restrict- 
 ing the right of the defendant to examine the jurors as to bias 
 or prejudice, or improperly overruling a challenge by the de- 
 fendant of a juror for bias or prejudice. 
 
 Section 32. That the Common Pleas Court in any civil suit 
 pending therein, at any time before the trial or final hearing 
 thereof, may permit the filing therein of interrogatories to be 
 answered by any party to such suit or any person for whose im- 
 mediate benefit such suit is prosecuted or defended, or by the 
 directors, officers, superintendent or managing agents of any cor- 
 poration which is a party to the record in such suit, at the in- 
 stance of the adverse party or parties or any of them, and to re- 
 quire an answer under oath to all such interrogatories as the 
 party to be interrogated might be required to answer, if called 
 as a witness upon the trial or hearing of such suit,, but the party 
 filing such interrogatories shall not be concluded by the answers 
 thereto, if he shall elect to introduce the same or any or either of 
 them upon the trial or final hearing. 
 
 Section 33. That upon the trial or hearing of any suit in 
 the Common Pleas Court or in any City court any party thereto, 
 or any person for whose immediate benefit such suit is prose- 
 cuted or defended, or the directors, officers, superintendent or 
 managing agents of any corporation which is a party to the 
 record in such suit, may be examined upon the trial thereof as if
 
 APPENDIX. 611 
 
 under cross-examination at the instance of the adverse party or 
 parties or any of them, and for that purpose may be compelled 
 in the same manner and subject to the same rules for examina- 
 tion as any other witness, to testify, but the party calling for 
 such examination shall not be concluded thereby, but may rebut 
 the testimony thus given by counter testimony. 
 
 Section 34. That whenever, in any suit pending in the Com- 
 mon Pleas Court evidence shall be necessary concerning any fact 
 in support of or in opposition to any interlocutory or other mo- 
 tion or application, other than an application for a change of 
 venue, the court may, in its discretion require such evidence to 
 be presented by the oral examination of witnesses in open court 
 or otherwise and may make all necessary orders for such oral 
 examination. 
 
 Section 35. That any judge of the Common Pleas Court 
 shall have power to sign or otherwise make any order in any suit 
 pending in the Common Pleas Court, or in any city court, at any 
 place within the city of Chicago upon the application of either 
 party and upon reasonable notice to the opposite party when- 
 ever, in the opinion of such judge, the granting of such order at 
 such place is in furtherance of justice, and such order shall be 
 as effective as if made in any court room of either of said courts 
 or in the chambers of said judge. 
 
 Section 36. That cases in the Common Pleas Court shall be 
 tried in such order and the calendars of cases shall be so ar- 
 ranged as may be determined by the chief justice, or by rules of 
 the court adopted as herein provided. 
 
 Section 37. That in trials by jury in the Common Pleas 
 Court the court shall charge the jury as to the law only, and such 
 charge may, in the discretion of the court, be given orally or in 
 writing. 
 
 Section, 38. That whenever it appears in any bill of excep- 
 tions signed in any civil suit tried and determined in the Com- 
 mon Pleas Court that any erroneous ruling was made by said 
 Common Pleas Court against the objection of the party com- 
 plaining thereof, but that no formal exception was taken by such 
 party thereto, such erroneous ruling shall be subject to review
 
 612 PRACTICE IN THE MUNICIP.VL COURT. 
 
 upon appeal or writ of error to the same extent and in like man- 
 ner as if it appeared that a formal exception had been taken 
 thereto by the party complaining, and no bill of exceptions shall 
 be held defective for the want of the seal of the judge thereto. 
 Upon the prosecution of an appeal or writ of error to review any 
 judgment of the Common Pleas Court, the original bill of ex- 
 ceptions, in lieu of a certified copy thereof, shall be inserted in 
 the transcript of the record to be filed in the Supreme Court or 
 Appellate Court upon such appeal or writ of error, unless the 
 Common Pleas Court shall otherwise direct, and, upon the final 
 determination of such appeal or writ of error, such original bill 
 of exceptions shall be remitted to the Common Pleas Court. 
 
 Section 39. That no application for a change of venue on 
 account of the prejudice of the judge shall be allowed by any 
 City Court when the applicant names in his application more 
 tliau one judge from whom such change of venue is desired, nor 
 unless such application for a change of venue is made by pe- 
 tition as in like cases in the Circuit Courts, and such petition is 
 filed at or before the time of the filing by the defendant of his 
 appearance in the suit in which such change of venue is asked 
 for, and in no case shall the granting of any change of venue 
 delay the trial of the suit, but such suit shall be tried and dis- 
 posed of at the time set for the trial thereof or at the time to 
 which the trial thereof may be postponed before some other judge 
 of the court than the one from whom the change of venue has 
 been granted, or in any other district in which the same 
 may be ordered to be tried, and all orders necessary for the set- 
 ting of such case for trial and for the securing of a speedy trial 
 thereof may be made by the judge from whom said change of 
 venue has been obtained. 
 
 Section 40. That every civil suit, excepting attachment suits, 
 replevin suits, cases of distress for rent and forcible entry and 
 detainer suits brought in any City Court shall be commenced by 
 the filing by the plaintiff, with the clerk, of a praecipe for a sum- 
 mons, specifying the names of the parties to the suit, the amount 
 of the plaintiff's claim and the day at which the summons shall 
 be made returnable, which day shall not be less than five (5) nor 
 more than fifteen (15) days from the filing of such praecipe and 
 a bill of particulars of the plaintiff's claim, which bill of particu-
 
 APPENDIX. 613 
 
 lars, if the suit be upon a contract, express or implied, shall con- 
 sist of a statement of the account or of the nature of the demand, 
 or, if the suit be for a tort, it shall consist of a brief statement 
 of the nature of the tort, and such further information as will 
 reasonably inform the defendant of the nature of the case he is 
 called upon to defend, but nothing herein contained shall be con- 
 strued to require the bill of particulars in any action for a tort 
 to set forth the cause of action with the particularity required in 
 a declaration at common law. 
 
 Section 41. That upon the tiling of such praecipe and bill of 
 particulars the clerk of said city court shall issue a summons to 
 the defendant directed to the bailiff to execute and returnable at 
 10 o'clock a. m., sharp, of the day for such return specified in the 
 praecipe, which summons shall state the amount of the plaintiff's 
 claim and shall be attested in like manner as the summons issued 
 out of a court of record. Upon every such summons there shall 
 be printed in plain type the provisions of this act pertaining to 
 defaults in case of the non-appearance of the defendant, the set- 
 ting of the case for trial in case of appearance, and such further 
 information as may be prescribed by the chief justice. 
 
 Section 42. That every such summons issued out of any city 
 court shall be served, if the defendant be an individual, by de- 
 livering to such defendant in person a copy thereof and inform- 
 ing him of its contents; or if the defendant be a corporation 
 service shall be made upon such corporation in the same manner 
 as is now or hereafter may be provided by law for the service of 
 process upon such corporation in a suit at law when issued out 
 of a circuit court. In case said summons shall not be served 
 upon the defendant three days or more prior to the return day 
 thereof an alias summons may be issued and a subsequent pluries 
 may be issued in any case when a previous alias or pluries sum- 
 mons shall not have been served upon the defendant three days 
 or more prior to the return day fixed in the previous summons. 
 Service of such alias or pluries summons shall be made in the 
 same manner as that above provided for the service of the orig- 
 inal summons. 
 
 Section 43. That upon the return of any such summons duly 
 served upon the defendant, the plaintiff shall be entitled to judg-
 
 614 PRACTICE IN THE MUNICIPAL COURT. 
 
 ment as in case of default, unless the defendant shall either ap- 
 pear in person at the time specified in such summons, or shall, at 
 or before the time fixed in such summons for his appearance, file 
 his appearance in writing in said city court. Upon such default 
 the court shall assess the damages after hearing such evidence as 
 the court may deem sufficient for that purpose. In case the de- 
 fendant shall desire upon the trial to present any set-off or 
 counter-claim, he shall file a bill of particulars thereof with his 
 appearance; provided, however, the court may, in its discretion, 
 extend the time for the filing of such bill of particulars. It 
 shall be the duty of the court at ten o'clock a. m., sharp, of each 
 day upon which the court is open for business, or as soon there- 
 after as is practicable, to call the cases in "which the summonses 
 are then returnable for the purpose of ascertaining whether the 
 defendants therein have appeared in person or have entered their 
 appearances in writing, and to give such directions with respect 
 to such appearances as the court may find necessary or proper 
 for the information of the parties. 
 
 Section 44. That the clerk of each city court shall keep on 
 hand and furnish to suitors and attorneys on application printed 
 blank forms of praecipes, summonses, entries of appearance, af- 
 fidavits, bonds, attachment writs, replevin writs, petitions for 
 changes of venue and all other papers necessary for the use of 
 the parties to suits in such court. Forms for such papers shall 
 be prescribed by the chief justice of the Common Pleas Court, 
 who shall also from time to time prescribe and cause to be 
 printed forms of bills of particulars to be used in said city 
 courts. 
 
 Section 45. That if in any case brought in any City court 
 tlie defendant shall appear at the time specified in the summons 
 or shall have entered his appearance in writing at or before the 
 time so specified, the court shall, at such time, or as soon there- 
 after as practicable, fix a time for the trial thereof and such case 
 shall be tried at the time so fixed or as soon thereafter as the 
 other business of the court will permit. 
 
 Section 46. That amendments to bills of particulars, prae- 
 cipes, summons and other papers filed by either party may in 
 the discretion of the court be allowed at any time.
 
 APPENDIX. 615 
 
 Section 47. That the court may grant such postponements 
 i)f the trial, and may make such other orders in respect thereto 
 as the court may deem proper and necessary for the protection 
 of the rights of the parties. 
 
 Section 48. That the practice and proceedings in City courts 
 other than the mode of trial and the proceedings subsequent to 
 the trial, in cases of attachment, replevin, distress for rent and 
 forcible entry and detainer, shall be the same, as near as may be, 
 as that which is now prescribed by law for similar cases in courts 
 of record, with the following exceptions: 
 
 First. There shall be no written pleadings excepting such 
 as are now required by law in similar cases before justices of the 
 peace, including affidavits in attachment and replevin, copies of 
 the distress warrants in cases of distress for rent, and the com- 
 plaint in forcible entry and detainer, and the writs shall be made 
 returnable in like manner as summons in other cases in the City 
 courts. 
 
 Second. In attachment cases the plaintiff at the time of the 
 commencement of his suit and the defendant at the time of his 
 appearing in person or of his entering his appearance in writ- 
 ing, if he shall desire upon the trial to present any set-off or 
 counter-claim, shall file a bill of particulars thereof. 
 
 Third. In forcible entry and detainer cases the plaintiff may 
 unite with his claim for possession of the property any claim for 
 rent or damages for withholding possession of the same, provid- 
 ing such claim does not exceed five hundred dollars ($500). 
 
 Fourth. The mode of trial and all proceedings subsequent to 
 the trial shall be the same, as near as may be, as in other cases in 
 the City courts. 
 
 Section 49. That in all trials by jury in the City courts the 
 court shall not charge the jury as to the facts, but may state the 
 testimony and the law, and the charge may, in the discretion of 
 the court, be given orally or in writing. 
 
 Section 50. That the jurors selected for trials in the City 
 courts shall possess the same qualifications required by law Avith 
 respect to jurors in courts of record, and shall be subject to chal- 
 lenges for the same causes as such jurors, and it shall be the
 
 616 PRACTICE IN THE MUNICIPAL COURT. 
 
 duty of the judges of. the Common Pleas Court and they shall 
 have power to adopt all such rules and regulations as they may 
 deem necessary or proper for the purpose of securing competent 
 jurors for trials in said City courts. The fees of the jurors shall 
 be fixed by the majority of the judges of the Common Pleas 
 Court and shall be paid out of the city treasury, but shall not 
 exceed the fees allowed by law to jurors in courts of record, and 
 in all cases tried by jury in the City courts said courts shall have 
 power to grant new trials to the same extent as is permitted by 
 law in similar cases in the Circuit Court, subject to such rules as 
 may be adopted by the majority of the judges of the Common 
 Pleas Court in pursuance hereof. 
 
 Section 51. That the practice in the City courts in quasi 
 criminal cases shall be the same as is herein prescribed for civil 
 eases in said courts excepting as follows : 
 
 First. The process in any suit for the violation of any muni- 
 cipal ordinance shall, except as hereinafter provided, be a sum- 
 mons. If the defendant after being duly served with summons, 
 fails to appear personally at the time specified in the summons 
 or to enter his appearance at or before such time, the court may 
 proceed, as in case of default, or may issue a warrant for the 
 arrest of the defendant. 
 
 Second. When the offense complained of is also a violation 
 of any provision of the criminal code, the court may issue a war- 
 rant in the first instance for the violation of the ordinance under 
 the like circumstances under which a warrant might issue for 
 a violation of the criminal code. 
 
 Third. A warrant may issue in the first instance upon the 
 affidavit of any person that an ordinance has been %aolated and 
 that the person making the complaint has reasonable grounds to 
 believe the party charged is guilty thereof and will escape unless 
 arrested and stating the facts upon which such belief is based, 
 provided the judge to whom application is made for such war- 
 rant shall be satisfied, after examining under oath the party mak- 
 ing the affidavit, that such arrest should be made, and any person 
 arrested upon any warrant herein provided for shall, without 
 unnecessary delay, be taken before the City court to which such 
 warrant is returnable and tried for the alleged offense.
 
 APPENDIX. 617 
 
 Section 52. That upon the arrest of any person for any 
 criminal or quasi criminal offense within the jurisdiction of any 
 city court, the chief of police or any captain, lieutenant or ser- 
 geant of police of the city of Chicago shall have power to let 
 such person to bail. The bail bond in any such case shall be 
 conditioned for the appearance of the person arrested before 
 some one of the city courts or some one of the branches thereof 
 at a time fixed in such bond for such appearance, which time 
 shall not be later than two days after the date of the bond. Any 
 bond so taken shall be signed by one or more sureties to be ap- 
 proved by such officer, who shall be authorized and required to 
 administer oaths for the purpose of ascertaining the sufficiency 
 of the sureties. All bonds so taken shall be filed with the clerk 
 of the City Court or of the branch thereof at which the person 
 so arrested is required to appear. The exercise of the power 
 hereby conferred of letting to bail shall be subject to regulation 
 by such rules as may be adopted by a majority of the judges of 
 the Common Pleas Court as herein provided. But any person so 
 arrested shall have the right to be brought immediately before 
 the City Court in the district in which he is arrested, or, if there 
 be no judge then in attendance upon such court, to any other 
 City Court at which there may be a judge then in attendance, to 
 be dealt with by such court according to law. 
 
 Section 53. That if the method of procedure in any case 
 within the jurisdiction of the Common Pleas Court or of any 
 City Court, is not sufficiently prescribed by this act or by any 
 rule of court adopted in pursuance hereof, the court in which the 
 same is brought or proposed to be brought, may make such pro- 
 vision for the conducting and disposing of the same as may ap- 
 pear to the court proper for the just determination of the rights 
 of the parties. 
 
 Section 54. That both in direct and in collateral proceedings 
 the same presumptions shall be indulged with respect to the jur- 
 isdiction of the Common Pleas Court and the City Courts over 
 the subject-matter of suits and over the parties thereto, as are 
 indulged with respect to the jurisdiction of Circuit Courts in like 
 cases. 
 
 Section 55. That any money judgment rendered by the Com-
 
 CIS TKACTICE IN THE MUNICIP.VL COURT. 
 
 nion Pleas Court or by any City Court, when no execution issued 
 thereon is outstanding, may be satisfied by the payment by the 
 party against whom the same has been rendered of the amount 
 thereof to the clerk of said court, who, upon payment being 
 made, shall enter satisfaction thereof and shall upon demand, 
 pay over the money received by him to the person appearing 
 of record to be entitled thereto. 
 
 Section 56. That the Common Pleas Court and each City 
 Court shall take judicial notice of all matters of which courts of 
 general jurisdiction of this State are required to take judicial 
 notice, and also of the following: 
 
 1. All general ordinances of the City of Chicago. 
 
 2. All law^s of a public nature enacted by any State or ter- 
 ritory of the United States. 
 
 Section 57. That the masters in chancery of the Circuit and 
 Superior Courts of Cook county shall be ex-officio masters in 
 chancery of the Common Pleas Court. 
 
 Section 58. That the costs in civil cases in the Common Pleas 
 Court shall be as follows : 
 
 First. The plaintiff, at the time of commencing his suit, shall 
 pay to the clerk in full for all services to be rendered by said 
 clerk for the plaintiff in said suit, other than the making or 
 furnishing of transcripts of the record, the sum of Eight Dol- 
 lars ($8), and if he at the same time files with the clerk a de- 
 mand in writing for a trial by jury, he shall pay to the clerk the 
 further sum of Six Dollars ($6), to be applied towards the pay- 
 ment of the fees of jurors in said court. 
 
 Second. The defendant, at the time of filing his appearance 
 and before he shall be permitted to make any defense, shall pay 
 to the clerk in full for all services to be rendered by said clerk 
 for the defendant in said suit, other than the making or furnish- 
 ing of transcripts of the record, the sum of Three Dollars ($3), 
 and if he shall at the same time file with the clerk a demand in 
 writing of a trial bj^ jury he shall pay to the clerk the further 
 sum of Six Dollars ($6), to be applied towards the payment of 
 the fees of jurors in said court. 
 
 Third. The costs to be paid for the services of the bailiff and 
 of sheriffs and other costs not included in the above, shall be the
 
 APPENDIX. 619 
 
 same as those required by laWj from time to time, to be paid for 
 similar services in cases in the Circuit Court of Cook County. 
 
 But the court may, in its discretion, order that an advance 
 payment of costs may be waived in favor of any poor person 
 whose financial circumstances, as made to appear to the court, 
 are such that such advance payment would be unduly burden- 
 some or oppressive. 
 
 The costs in criminal cases in the Common Pleas Court shall be 
 the same as the costs prescribed by law, from time to time, for 
 similar cases in the Criminal Court of Cook County. 
 
 The amounts hereby required to be advanced, when a demand 
 in writing' of a trial by jury is filed, to be applied towards the 
 payment of the fees of jurors in said court, shall be paid into the 
 county treasury : Provided, however, the court shall direct the re- 
 turn to the plaintiff of the amount advanced by him as afore- 
 said, in case the plaintiff before the return day of the summons 
 shall have withdrawn his demand in writing of a trial by jury. 
 
 Section 59. That the costs in civil cases in the city courts 
 shall be as follows: 
 
 First. The plaintiff at the time of commencing his suit shall 
 pay to the clerk in full for all services to be rendered by said 
 clerk if it be other than an action of forcible entry and detainer, 
 the sum of Two Dollars ($2) when the amount claimed by him, 
 in money or property, does not exceed Two Hundred Dollars 
 ($200) and the sum of Five Dollars ($5) when the amount 
 claimed by him exceeds Two Hundred Dollars ($200) and the 
 sum of Two Dollars ($2) in a case of forcible entry and detain- 
 er; and, if the plaintiff in any civil case, at the time he com- 
 mences his suit, files with the clerk a demand in writing of a trial 
 by jury, he shall pay to the clerk the further sum of Six Dollars 
 ($6) as jurors' fees. 
 
 Second. The defendant, at the time of his appearance, if he 
 shall at the same time file with the clerk a demand in writing of 
 a trial by jury, shall pay to the clerk the further sum of Six 
 Dollars ($6) as jurors' fees. 
 
 Third. The party delivering to the bailiff any summons, writ 
 of attachment, writ of replevin, subpoena, writ of execution or 
 other process, shall, at the time of making such delivery, pay to
 
 620 PRACTICE IN THE MUNICIPAL COURT. 
 
 the bailiff the siim of One Dollar ($1) for each defendant named 
 in such process upon whom service is to be made, and, in case of 
 writs of attachment, replevin, or execution, he shall pay to the 
 bailiff the further sum of One Dollar ($1) when any levy upon 
 or seizure of property is to be made thereunder, and shall also 
 pay to the bailiff the actual expense of seizing and caring for 
 any property levied upon or seized thereunder. 
 
 Fourth. The party procuring any certified copy of the record 
 or any portion thereof in any ease shall pay to the clerk the 
 same fees required by law, from time to time, to be paid to the 
 clerk of the Circuit Court of Cook County for similar services. 
 
 Fifth. As commissions on moneys realized by execution, the 
 bailiff shall collect from the defendant in the execution five per 
 cent, upon the amount realized, if it do not exceed One Hundred 
 Dollars ($100), but if the amount realized exceed One Hundred 
 Dollars ($100) the bailiff shall collect five per cent, on the first 
 One Hundred Dollars ($100) and three per cent, upon the excess 
 over One Hundred Dollars ($100). 
 
 The amount above required to be advanced upon a demand in 
 ■writing of a trial by jury shall be refunded to the party ad- 
 vancing the same in case such suit shall not be tried by jury and 
 no jury shall have been summoned for the trial thereof. 
 
 But the court may, in its discretion, order that an advance 
 payment of costs may be waived in favor of any poor person 
 whose financial circumstances, as made to appear to the court, 
 are such that such advance pajTnent would be unduly burden- 
 some or oppressive. 
 
 Section 60. That the costs in criminal and in quasi criminal 
 cases and proceedings in the City courts, instituted in the name 
 or by the authority of the people, or in the name of any State or 
 county ofificer in his official capacity, shall be as follows : 
 
 First. The clerk's fees in full for all services rendered by 
 him shall be the sum of Six DoUai-s ($6). 
 
 Second. The bailiff's fees shall be the same as those which 
 may now or hereafter be fixed by law for the sheriff in counties 
 of the third class for similar services. 
 
 All moneys collected upon judgments of the City courts in 
 such eases shall be paid to the clerk, who shall, at the end of
 
 APPENDIX. 621 
 
 every three months, apply the same, or so much thereof as may 
 be necessary, to the payment of the uncollected costs in criminal 
 and quasi criminal cases instituted in the City courts in the name 
 of the people, or in the name of any State or county officer in 
 his official capacity, and pay over the balance, if any, to the of- 
 ficer entitled by law to receive the same. 
 
 Section 61, That the costs in cases in the City courts in- 
 stituted in the name of the City of Chicago, or in the name of 
 any officer thereof in his official capacity, shall be as follows : 
 
 First. The clerk's fees in full for all services rendered by 
 liim shall be the sum of Six Dollars ($6). 
 
 Second. The bailiff's fees shall be the same as those which 
 may now or hereafter be fixed by law for the sheriff in counties 
 of the third class for similar services. 
 
 All moneys collected upon judgments of the City courts in 
 cases for the violation of the ordinances of the City of Chica- 
 go shall be paid to the clerk, who shall pay over the same to the 
 City of Chicago within one week after receiving the same. 
 
 Section 62. That all costs collected in each week by the clerk 
 and bailiff shall be paid over by them respectively to the City of 
 Chicago on the Monday of the succeeding week, and ihe clerk 
 and bailiff shall be held personally responsible for all costs re- 
 quired to be paid to them in advance as hereinbefore provided. 
 They shall be required to keep complete and accurate accounts 
 of all moneys collected by them and such accounts shall, under 
 the direction of the chief justice of said Common Pleas Court, 
 be examined and audited monthly, the expense thereof to be paid 
 by the city. 
 
 Section 63. That the provisions hereof respecting costs shall 
 be subject to be changed, from time to time, by rules adopted by 
 a majority of the judges of the Common Pleas Court as herein 
 provided, but such rules shall not take effect until approved by 
 resolution of the City Council of the City of Chicago. 
 
 Section 64. That the City of Chicago, as compensation for 
 the expenses occasioned by the trial and disposition, in the Com- 
 mon Pleas Court, of cases which would otherwise be disposed of 
 in the Circuit, Superior and Criminal Courts of Cook County,
 
 622 PRACTICE IN THE MUNICIPAL COURT. 
 
 and for the services which may be rendered by the judges of the 
 Common Pleas Court in said Circuit and Superior Courts, shall, 
 in addition to the payment by the county of the fees of, and costs 
 of summoning, petit jurors as herein provided be entitled to re- 
 imbursement by the County of Cook for the expenses of procur- 
 ing' and maintaining suitable places for the holding of the Com- 
 mon Pleas Court and each branch thereof, unless the said county 
 shall itself provide suitable places for the holding of said Com- 
 mon Pleas Court and the branches thereof, in which case such 
 Common Pleas Court and the branches thereof shall be held in 
 the places provided therefor by said county. The expenses thus 
 provided for to be paid by the county shall be ascertained and 
 certified to quarterly by the chief justice of the Common Pleas 
 Court and paid to the city out of the county treasury upon the 
 presentation of his certificate. 
 
 Section 65. That the offices of justices of the peace, police 
 magistrates and constables in and for the territory within the 
 City of Chicago be and they are hereby abolished, and that the 
 jurisdiction of justices of the peace in the territory of the County 
 of Cook outside of the City of Chicago be and it is hereby lim- 
 ited to the territoiy outside of said city, but this section of this 
 act shall not become operative until the first INIonday of June, 
 A. D. 1906, and on and after said date the jurisdiction hereby 
 conferred upon the Common Pleas Court and upon the City 
 courts shall exclude the exercise of any portion of such jurisdic- 
 tion by all the other courts excepting courts of record, and on 
 and after said first Monday of June, A. D. 1906, no other court 
 than a court of record shall exercise jurisdiction in any ease of 
 which either said Common Pleas Court or either of said City 
 courts is given jurisdiction by this act. 
 
 Section 66. That when the offices of justices of the peace 
 within the city of Chicago shall be abolished, the docket of each 
 justice of the peace whose office is thus abolished, shall be forth- 
 with delivered up to the clerk of the First City Court of Chi- 
 cago. Executions may be issued by the clerk of said court upon 
 any unsatisfied judgments rendered by such justice of the peace 
 in all cases in which the same might have been issued had such 
 office of justice of the peace not been abolished, and said City
 
 APPENDIX. 623 
 
 court shall allow an appeal to the Circuit or Superior Court of 
 Cook county from any judgment rendered by any justice of the 
 peace within twenty days prior to the first Monday of June, 
 A. D. 1906, upon the giving by the appellant of an appeal bond 
 with security as now required by law in cases of appeals from 
 justices of the peace, provided such appeal is prayed at any time 
 within twenty days after the first Monday of June, A. D. 1906. 
 In all cases not determined or finally disposed of by such jus- 
 tice of the peace at the time his office is abolished, such proceed- 
 ings shall be had in said First City Court of Chicago as might 
 be had were such suits originally brought in said court, but no 
 trial of any such case shall be had in said City court without 
 such notice to the parties thereto as the court may deem neces- 
 sary. All writs issued by justices of the peace within the City 
 of Chicago and which shall not have been returned on the first 
 Monday of June, A. D. 1906, shall be forthwith returned to the 
 First City Court of Chicago, and said First City Court of Chi- 
 cago shall have ful] power to make such provision for the execu- 
 tion or other disposition of all such writs as said court may deem 
 proper for the protection of the rights of the respective parties 
 to the suits in which such writs have been issued. 
 
 Section 67. That it shall be the duty of the chief justice of 
 the Conunon Pleas Court to superintend the keeping of the rec- 
 ords of said court and to prescribe abbreviated forms of entries 
 of orders therein in civil cases, which abbreviated forms so pre- 
 scribed shall have the same force and effect as if said orders 
 were entered in full in the records of said court. When any cer- 
 tified transcript of the record, or of any portion thereof, of any 
 suit or proceeding in said court is required, the same shall be 
 written out in full from such abbreviated forms and duly authen- 
 ticated according to law. 
 
 Section 68. That the clerk of the Common Pleas Court shall 
 procure suitable dockets with forms approved by the chief jus- 
 tice of the Common Pleas Court for the keeping of necessary- 
 memoranda of the proceedings and the entry of judgment in 
 each suit or proceeding instituted in the City courts and the 
 docket so kept shall constitute the records of said courts in the 
 suits entered therein, and no further or other records thereof
 
 G24 PRACTICE IN THE MUNICIPAL COURT. 
 
 shall be kept, exeeptinj? records for such proceedings of said 
 eoTirts as do not form a part of the records of suits pending or 
 determined therein. 
 
 Section 69. That the orders, judgments and decrees of the 
 Common Pleas Court shall have the same force, be of the same 
 effect, be liens upon rear estate in the City of Chicago to the 
 same extent and under the same circumstances, and be executed 
 and enforced in the same manner as the judgments, orders and 
 decrees of the Circuit Court of Cook County, and such judg- 
 ment and decrees shall also be liens upon real estate in the 
 County of Cook outside of the City of Chicago after certified 
 transcripts of the same shall have been filed in the office of the 
 Recorder of Cook County, which transcripts shall contain the 
 names of the parties to the suits, the kinds of actions, the 
 amounts of judgments, or the general nature and effect of the 
 decrees as the case may be, and the dates on which the judgments 
 and decrees were rendered: Provided, however, That no such 
 orders, judgments or decrees shall be liens upon or affect regis- 
 tered land or any estate or interest therein until a certificate, 
 under the hand and official seal of the clerk of the Common 
 Pleas Court, stating the date and purport of the judgment, de- 
 cree or order, or a certified copy of such judgment, decree or 
 order is filed in the office of the Register of Titles of said Cook 
 county and a memorial of the same is entered upon the register 
 of the last certificate of title to be affected. 
 
 Section 70. That the judgments of the City courts shall 
 have the same force, be of the same effect and be executed and 
 enforced in the same manner as the judgments of the Circuit 
 Court of Cook County. But no judgment of a City court shall 
 be a lien upon the real estate of the person against whom it is 
 obtained, excepting from the time of the filing of a certified 
 transcript thereof in the office of the Recorder of Cook County, 
 which transcript shall contain the names of the parties to the 
 suit, the kind of action, the amount of the judgments and the 
 date upon which the same was rendered: Provided, Iwwever, 
 That no such judgment of a City court shall be a lien upon or 
 affect registered land or any estate or interest therein until a 
 certified transcript thereof is filed in the office of the Register
 
 APPENDIX. 
 
 625 
 
 of Titles of Cook county and a memorial of the same is entered 
 upon the register of the last certificate of title to be affected, 
 Tlie Recorder of Cook county shall provide and keep in his office, 
 for said Common Pleas Court and for said City courts, well 
 hound books for entering therein an alphabetical docket of all 
 judgments and decrees rendered in said Common Pleas Court 
 and in said City courts, as is now provided by law for docketing 
 judgments and decrees rendered in Circuit Courts, and shall 
 forthwith, after the filing of any transcript herein provided for, 
 enter the same, together with the hour, day, month and 7 ear of 
 the filing of such certified transcript and the general number 
 thereof. 
 
 Section 71. That in case it shall be hereafter determined 
 that so much of Sections Eight (8) and Eleven (11) hereof as 
 fixes the terms of office of the chief justice and associate judges 
 of the Common Pleas Court is invalid this act shall not on that 
 account be adjudged wholly invalid, but the terms of office of 
 the chief justice and associate judges of said Common Pleas 
 Court shall, in such case, be four years, and they shall hold their 
 offices until their successors shall be elected and qualified, and 
 on the first Tuesday of April, A. D. 1910, and on the first Tues- 
 day of April every fourth year thereafter there shall be elected 
 a chief justice and twenty-four associate judges of said Common 
 Pleas Court as successor in office of the judges hereby required 
 to be elected on the first Tuesday of April, A. D. 1906, and the 
 terms of office of the associate judges which may be added to said 
 Common Pleas Court in pursuance of Section Eleven (11) 
 hereof shall be four years. 
 
 Section 72. That the invalidity of any portion of this act 
 shall not affoct the validity of any other portion thereof, which 
 can be given effect without such invalid part. 
 
 Section 73. That this act shall be submitted to a vote of the 
 legal voters of the City of Chicago at the general election to be 
 held on the first Tuesday after the first Monday of November, 
 A. D. 1905, and if a majority of the legal voters of said city vot- 
 ing on the question at said election shall consent to this act the 
 same shall thereupon immediately take effect and become opera- 
 tive. 
 
 40
 
 626 PRACTICE IN THE MUNICIPAL COURT. 
 
 HOUSE BILL NO. 281. 
 
 The bill was prepared under the circumstances and for the 
 purpose indicated in an address to the Hon. Joseph F. Haas and 
 Hon. Robert E. Pendarvis, which was prefixed to it, and printed 
 with it. The address is as follows: 
 
 Honorable Joseph F. Haas, Chairman of the Senate Committee, 
 and Honorable Robert E. Pendarvis, Chairman of the House 
 Committee on Charter Legislation for Chicago, and to the 
 Members of the Committees: 
 
 The undersigned, organized for the purpose of studying and 
 if necessary drafting amendments to the bill for "An Act in 
 relation to Municipal Courts ^n the City of Chicago," now pend- 
 ing in both branches of the General Assembly, having formu- 
 lated certain amendments, consider it best, in order that they 
 may be in a concrete form, to submit the same in the form of 
 a draft of an amended bill, copies of which are herewith pre- 
 sented. 
 
 The amended bill adopts the entire frame of the original bill 
 pertaining to city courts, with a few amendments, — eliminating 
 everything relating to the common pleas court. If it is desired 
 to have another court of general jurisdiction within this county, 
 we shall offer no serious objection. It would seem to us that 
 this can be better accomplished, however, by an amendment of 
 the City Court Act with a referendum provision, making it ap- 
 ply to such cities as adopt it, with perhaps less uncertainty as 
 to its constitutionality. 
 
 Those Avho are in a position to know best, state that it will 
 require from twenty to twenty-five judges in the city court to 
 do the work now done by the justices of the peace and police 
 magistrates in the City of Chicago with their present jurisdic- 
 tion. If we increase this jurisdiction, as suggested in the orig- 
 inal bill, all of the twenty-five judges provided for in that bill 
 will be needed to do the work of that court and will have no 
 time for the work of the common pleas court. It is self-evi- 
 dent that the judges of the city court will do better work if 
 their entire thought is given to the duties of that court. 
 
 Radical legislation requiring radical changes of procedure.
 
 APPENDIX. 627 
 
 either by courts or municipal bodies, is sure to cause much liti- 
 gation in construing the new laws. The wise course to follow 
 for the new court that is to take the place of our present justice 
 of the peace system is to provide for this court salaried officials, 
 and then make as few changes in justice of the peace procedure 
 as possible, so that the great body of decisions and law that 
 has been in force for generations in this state will still apply 
 and control litigation in the new courts. 
 
 A fundamental objection to the original bill is that the judges 
 are given widely different jurisdictions. It is founded upon ac- 
 knowledged characteristics in human nature. The principle in- 
 volved has been shortly stated — no person can serve two mas- 
 ters. The original bill provides for judges who will have prac- 
 tically unlimited jurisdiction, but shall perform the duties now 
 performed by justices of the peace and police magistrates. Men 
 who seek these positions will necessarily be men of ability and 
 ambitious to succeed. This we understand to be the thought of 
 those who strongly support this proposed feature of the original 
 bill. These judges will be men also who desire to make a rec- 
 ord, not in the comparatively limited field of the police magis- 
 trates or justices of the peace, but in what they will oonsider the 
 higher field with the more extended jurisdiction. As soon as 
 elected, and even before, there will be a campaign on the part 
 of these officers, not for the opportunity to serve the public in 
 deciding the cases of the poor people, but to be excused from 
 so doing, and to be permitted to exercise power in the court 
 with larger jurisdiction. The result will be that most of the 
 judges who are hearing the cases of the poor people will do so, 
 much of the time, against their hope and contrary to their de- 
 sire. We can not expect them to make a success of work which 
 they do unwillingly. 
 
 It is urged in support of the original bill that it is necessary 
 to provide a common pleas jurisdiction in order to attract men 
 of a high class. If so, it must be self-evident that these men 
 would be dissatisfied unless assigned to duty in the common 
 pleas court, and we would then have a city court made up of 
 discontented judges. 
 
 Under the original bill, it is left to the chief justice to deter- 
 mine how many judges shall sit in the city court. With the 
 pressure brought to bear upon him by the other judges for more
 
 628 PRACTICE IN THE MUNICIPAL COURT. 
 
 congenial work, it would be strange if he were not influenced 
 thereby to assign to the city court fewer judges than it would 
 in fact need. Should this condition arise, there could be no 
 immediate relief. The poor people would not be able to make 
 their grievances understood, and laAvj^ers would not feel free to 
 protest. At all events, the disposition of the business in the 
 city court would rest entirely upon the judgment, or even upon 
 the caprice, of one man, obliged to act in this regard imder a 
 constant adverse influence. If the chief justice proved to be 
 an unsjTiipathetic or poor executive officer, this popular court 
 might greatly sufl^er. 
 
 We believe the plan of relieving the congested condition of 
 our upper courts and of providing at the same time for the sum- 
 mary disposition of the causes of the poor is impracticable. The 
 constitutional amendment, so far as it applies to our courts, was 
 passed chiefly, if not solely, for the purpose of doing away with 
 the evils of the fee system in the justice court and constable 
 practice in Cook county. The idea that this amendment was 
 designed to afi'ect the practice of the upper courts is purely an 
 after-thought. For these reasons and others the amended bill 
 omits the radical innovation of a common pleas court. Such 
 court, of superior jurisdiction, is the distinctive feature of the 
 original bill. 
 
 "We have made a number of other changes, and while most 
 of them are important, some of them are not fundamental. We 
 request that an opportunity be given us to explain our views 
 before the Committees of the Senate and House, where the whole 
 matter will be presented. We request also that the amended bill 
 be introduced in each House of the General Assembly and re- 
 ferred to the Charter Committee and there considered, with the 
 original bill. 
 
 As to the constitutionality of this proposed measure, we need 
 only say that if the original bill is constitutional it would seem 
 that the amended bill would certainly be. 
 
 Substantially all the evils of the justice of the peace practice 
 in this city have been attributable either to the fee system or 
 the institution of suits in remote parts of the county. Both 
 these evils will be corrected without the establislmient of a Com- 
 mon Pleas Court, and the correction of both is provided for in 
 the amended bill
 
 APPENDIX. 629 
 
 In conclusion, let us specially urge upon your attention that 
 most of the population of the City of Chicago is poor or in very 
 moderate circumstances, and that about three-fourths of it is of 
 foreign extraction. These are the people who must have litiga- 
 tion in the city court. Our best information is that about one 
 himdred and fifty thousand cases, civil and criminal, are brought 
 yearly before the justices of the peace and police magistrates in 
 Chicago. The disposition of this vast business, so intimately 
 concerning the life of the people of this city, is and must be a 
 specialty. It ought not to be complicated by any other problem 
 or any other court. In the proposed new city court we believe 
 the requisite dignity will be obtained and the requisite talent 
 and honesty secured by the abandonment of the fee system and 
 the payment of the salaries provided for in the bill. The munici- 
 pal or city court must be a separate court, easy of access from 
 all sections of the city, and fitted for the disposition of all 
 business speedily and without formality. 
 
 (Here followed alphabetical list of signers.) 
 
 The bill was introduced into the House February 17, 1905, 
 and is as follows: 
 
 A BILL FOR 
 
 AN ACT IN RELATION TO A MUNICIPAL COURT IN 
 THE CITY OF CHICAGO. 
 
 Be it enacted hy the People of the State of Illinois, represented 
 in the General Assembly: 
 
 Section 1. There shall be established in and for the City 
 of Chicago a municipal court, which shall be styled "The City 
 Court of Chicago." 
 
 Section 2. The court shall have jurisdiction, within the City 
 of Chicago, in the following eases : 
 
 First. All those classes of suits and proceedings, whether 
 civil or criminal, of which justices of the peace are given juris- 
 diction by law, in all of which classes of suits and proceedings 
 said court shall have jurisdiction, excepting when the amount 
 sought to be recovered, whether by way of damages, penalty, 
 fine or otherwise, if the suit or proceeding be for the recovery
 
 630 PRACTICE IN TILE ilUXICiP.VL COURT. 
 
 of money only, or the value of the personal property claimed, 
 if the suit or proceeding be brought for the recovery of personal 
 property, exceeds Five Hundi-ed Dollars ($500) : provided, how- 
 ever, that in any action upon a bond the amount sought to be 
 recovered thereon and not the penalty of the bond shall deter- 
 mine the jurisdiction; and that when payments are to be made 
 by installments, an action may be brought in the court for each 
 installment not exceeding Five Huncli*ed Dollars ($500) as it 
 becomes due. 
 
 Second. All criminal actions in which the punishment is by 
 fine, where the fine provided for does not exceed Two Hundred 
 Dollars ($200), or by imprisonment otherwise than in the peni- 
 tentiary, where the imprisonment provided for does not exceed 
 one year, or both. 
 
 Section 3. Branches of the court shall be held at such place 
 or places as may be provided by the corporate authorities of said 
 city, at the expense of the city, within the respective territorial 
 limits within which they are to be located and exercise their 
 jurisdiction, which territorial limits shall be fixed and ordered 
 by a majority of the judges of said court. If no place shall be 
 provided by the corporate authorities of said city for the holding 
 of a branch of said court, or if the place provided therefor be- 
 comes imfit, said court may by an order signed by a majority 
 of the judges of said court adjourn to or convene at a suitable 
 place for holding the branch of the court procured for that 
 purpose by said judges, within tlie district in which it is located, 
 and at such place may hold said court until a suitable place 
 therefor be furnished by such corporate authorities. The ex- 
 pense of procuring such place to which said branch is adjourned 
 or at which it is convened shall be paid by the city. The num- 
 ber of the branch courts shall be fixed, and the boundaries of 
 the districts shall be established and may be changed from time 
 to time, by orders signed by a majority of the judges of the 
 court and spread upon the records thereof, which orders shall 
 be published for three successive weeks, once in each week, in 
 some newspaper of general circulation in the City of Chicago, 
 and shall take efi^ect respectively within thirty days after the 
 last publication thereof: provided, however, the order there or
 
 APPENDIX. 631 
 
 shall have been approved by the City Council of the City of 
 Chicago. 
 
 Section 4. No person shall practice for compensation before 
 said court, or hold himself out to the public as being entitled to 
 practice in said court, without having the license prescribed by 
 law to practice in the courts of this state, and a violation of the 
 foregoing provisions shall constitute a misdemeanor, punishable 
 by fine not exceeding Two Hundred Dollars ($200), or impris- 
 onment in the county jail not exceeding one year; provided, 
 however, that any plaintiff or defendant may prosecute or de- 
 fend any suit or proceeding in said court in his o^vn proper 
 person. 
 
 Section 5. All blanks, printed forms, books, papers, station- 
 ery and furniture necessary to the keeping of the records of the 
 proceedings of said court, and the transaction of the business 
 thereof, shall, at the expense of the city, be furnished to the 
 officers thereof, who shall furnish to suitors and attorneys on 
 application the blanks used in the procedure in said court. 
 
 Section 6. Said court shall consist of twenty-five (25) judges 
 one of whom shall be chief justice and the remaining twenty- 
 four (24) of whom shall be associate judges. Said court may 
 be divided, from time to time, into as many branches as may 
 be deemed necessary for the prompt and proper disposition of 
 the business of said respective branches, and as may be de- 
 termined by the chief justice. The chief justice, in addition to 
 all the other powers of a judge of said court, shall have the 
 general superintendence of the business of said court ; he shall 
 prepare a set of forms and blanks for use in said court ; he 
 shall preside at all meetings of the judges, and he shall assign 
 the associate judges to duty in the branches of said court, from 
 time to time, as he may deem necessary for the prompt disposi- 
 tion of the business thereof, and it shall be the duty of each 
 associate judge to attend and serve at any branch of said court 
 to which he may be so assigned. The chief justice shall also 
 superintend the preparation of the calendars of cases for trial 
 in the respective branches, and shall make such classification 
 and distribution of the same upon different calendars as he shall 
 deem proper and expedient. Each associate judge shall, at the
 
 632 PRACTICE IN THE MUNICIPAL COURT. 
 
 commencement of each month, make to the chief justice, under 
 his official oath, a report in writing of the duties performed by 
 him during the preceding month, which report shall specify the 
 number of days' attendance in court of such judge during such 
 month, and the branch upon which he has attended, and the 
 number of hours per day of such attendance, for which the chief 
 justice shall cause suitable blanks to be prepared and furnished 
 to the associate judges. The chief justice must give his attention 
 faithfully to the discharge of the duties especially pertaining to 
 his office and to the performance of such additional judicial 
 work as he may be able to perform. Each associate judge must 
 perform his share of the labors and duties appertaining to the 
 office. At least one associate judge must be in attendance in 
 each branch six hours of each day, except Sunday, a public holi- 
 day, or a day upon which inhabitants of the City of Chicago 
 generally refrain from business, and such other days for vaca- 
 tions, not exceeding thirty-six (36) in number to any judge in 
 any year, as may be fixed and specified by rule of court or by 
 the chief justice; and each associate judge, while in the court- 
 room or in chambers, and not actually engaged in the perform- 
 ance of other official duties, must act upon any application for 
 his official action properly made to him. One branch of the 
 court shall be kept open, and at least one judge, assigned for 
 that purpose by the chief justice, shall be in attendance thereat, 
 each day, excepting Sunday or a public holiday, from nine 
 o'clock A. M. until ten o'clock p. m., excepting two hours' inter- 
 mission, for the transaction of such business as may come before 
 it: provided, however, that on Sundays and public holidays at 
 least one branch court shall hold morning sessions for the hear- 
 ing of criminal and quasi criminal eases. It shall be the duty 
 of the chief justice and the associate judges to meet together at 
 least once in each month, excepting the month of August, in 
 each year, at such hour and place as may be designated by the 
 chief justice, and at such other times as may be required by the 
 chief justice, for the consideration of such matters pertaining to 
 the administration of justice in said court as may be brought 
 before them. At such meetings they shall receive and investi- 
 gate, or cause to be investigated, all complaints presented to them 
 pertaining to the said court or to the officers thereof, and shall 
 take such steps as they may deem necessary or proper with re-
 
 APPENDIX. 633 
 
 spect thereto, and they shall have power, and it shall be their 
 duty, to adopt or cause to be adopted all such rules and regula- 
 tions for the proper conduct of said court as to them may seem 
 expedient. The salary of each judge shall' be Six Thousand 
 Dollars ($6,000) per annum, payable in monthly installments 
 out of the city treasury. 
 
 Section 7. The judges of the court shall be elected on the 
 first Monday of June, A. D. 1906. They shall enter upon the 
 discharge of their duties on May 1, A. D. 1907. Upon the elec- 
 tion of the judges they shall by lot divide themselves into three 
 classes, the first and second of eight each, and the third of nine 
 judges. The first class shall hold their offices until the city 
 election for aldermen in the City of Chicago in April, A. D. 
 1908 ; and the second and third until such election in the years 
 A. D. 1910 and A. D. 1912, respectively; and at such elections 
 judges shall be elected to fill the vacancies caused by the expira- 
 tion of the terras of said judges, and the judges so elected shall 
 hold their offices for the terms of six years, and until their suc- 
 cessors are elected and qualified. Vacancies in the office of judge 
 of the court shall be filled by election at the city election for alder- 
 men in the City of Chicago, which shall occur next after a period 
 of thirty (30) days from the time such vacancies respectively 
 occur ; but where the unexpired term does not exceed one year, 
 the vacancy shall be filled by appointment by the Governor. The 
 judges shall annually select one of their number to act as chief 
 justice for the ensuing year. Whenever a vacancy occurs in the 
 office of chief justice, or whenever the chief justice shall be ab- 
 sent from the City of Chicago, or incapacitated from acting, the 
 associate judges shall select one of their number to act as chief 
 justice until such vacancy shall be filled by selection, as above 
 provided for, or until the return of the chief justice, or until his 
 incapacity ceases. 
 
 Section 8. No person shall be eligible to the office of judge 
 of the court unless he shall be at least thirty years of age, and 
 a citizen of the United States, nor unless he shall have resided 
 in the City of Chicago, and been there engaged either in active 
 practice as an attorney and counsellor at law, or in the discharge 
 of the duties of a judicial office five years next preceding his 
 election or appointment, or in one of said occupations during a
 
 G34 PRACTICE IN THE MUNICIPAL COURT. 
 
 portion of said time, and in the other, the remaining portion 
 thereof, and shall, at the time of his election or appointment, 
 be a resident of the City of Chicago. Nor shall any person be 
 eligible to the office of judge of the court who shall have con- 
 tributed or expended, directly or indirectly, or Avho shall have 
 agreed to contribute or expend, directly or indirectly, any money 
 or property whatever for the purpose of furthering either his 
 nomination as a candidate for said office, or his election thereto, 
 or the nomination or election of any other candidate for office 
 at such election. 
 
 Section 9. Every judge of said court, before he enters upon 
 
 the duties of his office, shall take and subscribe the following 
 
 oath or affirmation : 
 
 "I do solemnly swear (or affirm, as the case may be) 
 that I will support the Constitution of the United States 
 and the Constitution of the State of Illinois, and that I will 
 faithfully discharge the duties of the office of judge of the 
 City Court of Chicago, according to the best of my ability." 
 
 Said oath shall be filed in the office of the City Clerk of the 
 
 City of Chicago. 
 
 Section 10. Whenever two-thirds in number of the judges 
 of the court shall transmit to the City Council of the City of 
 Chicago a certificate signed by them, that in the opinion of said 
 judges the business of said court is sucK as to require an in- 
 crease in the number of the judges of said court, said Council 
 may, by ordinance, provide for an increase of either thi'ee or six 
 in the niunber of said judges, who shall be elected at the next 
 ensuing city election for aldermen in said city in an even num- 
 bered year. The judges elected in accordance with such ordi- 
 nance shall by lot divide themselves into three classes. The 
 first class shall hold office until the first, the second class until 
 the second, and the third class until the third city election there- 
 after for aldermen in said City of Chicago in an even* numbered 
 year, and until their successors shall be elected and qualified. 
 The vacancies occasioned by the expiration of the terms of such 
 judges shall be filled in accordance with the provisions of this 
 Act made for filling the vacancies in the terms of the judges in 
 this Act originally provided for. In case only three judges are 
 provided for by ordinance, the said City Council may again.
 
 APPENDIX. 635 
 
 provide in the same way and with the same effect for three more 
 in number of said judges. After an increase in the number of 
 judges to six is made by ordinance, no subsequent increase there- 
 of shall be made by said City Council. 
 
 Section 11. There shall be a clerk of said court, who shall 
 be appointed by and hold his office during the pleasure of a ma- 
 jority of the judges of said court. He shall perform with respect 
 to said court and the respective branches thereof the duties 
 usually performed by clerks of courts of record. He shall give 
 his personal attention to the performance of the duties of his 
 office. The clerk '^ office of the court shall be kept open for the 
 transaction of business from eight o'clock a. m. to six o'clock 
 p. M. of each working day during the year. Until otherwise 
 provided by the rules which may be adopted under the pro- 
 visions of this Act, the powers, duties and liabilities, the oath of 
 office and the bond and condition thereof of such clerk shall be 
 the same, as near as may be, as those prescribed by law for 
 clerks of courts by the Act entitled "An Act to revise the law 
 in relation to clerks of courts," approved March 25, 1874, and 
 in force July 1, 1874. His salary shall be Three Thousand 
 Dollars ($3,000) per annum, and shall be paid in monthly in- 
 stallments out of the city treasury 
 
 Said clerk shall appoint such niunber of deputies as may be 
 determined, from time to time, by a majority of the judges of 
 the court by orders signed by them and spread upon the records 
 of said court. The salaries of deputy clerks shall be fixed, from 
 time to time, by orders signed by a majority of the judges of 
 the court and spread upon the records of the court, and shall 
 be payable out of the city treasury in monthly installments: 
 provided, however, that the salary of no deputy clerk shall ex- 
 ceed Fifteen Hundred Dollars ($1,500) per annum. Such dep- 
 uty clerks shall take the same oath or affirmation required by 
 the clerk of said court and shall give bonds, to be approved by 
 the chief justice of said court, conditioned, as near as may be, 
 like the bond required of the clerk. Any deputy clerk shall be 
 subject to removal at any time by an order signed by a ma- 
 jority of the judges and spread upon the records of said court. 
 The niunber of deputy clerks may be reduced at any time by 
 an order signed by a majority of the judges of said court and
 
 636 PRACTICE IN THE MUNICIPAL COURT. 
 
 spread upon the records of said court. It shall be the duty of 
 the deputy clerks to render to parties to suits such assistance and 
 give them such information as may enable them to properly 
 commence suits, which duty shall be regulated and defined by 
 instructions to be prepared by the chief justice. The selection 
 of deputy clerks shall be made in accordance with the provisions 
 of the Act entitled "An Act to regulate the civil service of 
 cities," approved March 20, 1895. 
 
 Section 12. There shall be a bailiff of said court, who shall 
 be appointed and hold his office during the pleasure of a major- 
 ity of the judges of said court. He shall perform with respect 
 to said court and the respective branches thereof the duties 
 usually performed by sheriffs in respect to attendance upon, and 
 service and execution of process, and obedience to the lawful 
 orders and directions of a circuit court. He shall give his per- 
 sonal attention to the performance of the duties of his office. 
 The bailiff's office shall be kept open for the transaction of busi- 
 ness from eight o'clock a. m. to six o'clock p. m. of each working 
 day during the year. The powers, duties and liabilities, the oath 
 of office, and the bond and condition thereof of such bailiff shall 
 be the same, as near as may be, as those prescribed by law for 
 sheriffs with respect to attendance upon, and service and execu- 
 tion of process, and obedience to the lawful orders and directions 
 of a circuit court. His salary shall be three thousand dollars 
 ($3,000) per annum, and shall be paid in monthly installments 
 out of the city treasury. 
 
 Section 13. Such bailiff shall appoint such number of depu- 
 ties as may be determined, from time to time, by a majority of 
 the judges of the court by orders signed by them and spread 
 upon the records of said court. The salaries of deputy bailiffs 
 shall be fixed, from time to time, by orders signed by a majority 
 of the judges of the court and spread upon the records of the 
 court, and shall be payable out of the city treasury in montlily 
 installments: provided, however, that the salary of no deputy 
 bailiff shall exceed twelve hundred dollars ($1,200) per annum. 
 Such deputy bailiffs shall take the same oathi or affirmations re- 
 quired of the bailiff of said court, and shall give bonds, to be 
 approved by the chief justice of said court, conditioned, as near 
 as may be, like the bond required of the bailiff. The bailiff and 
 
 I 
 I
 
 APPENDIX. 637 
 
 deputy bailiffs of the court shall be ex officio police officers of 
 the City of Chicago. Any deputy bailiff shall be subject to 
 removal at any time by an order signed by a majority of the 
 judges and spread upon the records of said court. The number 
 of deputy bailiffs may be reduced at any time by an order signed 
 by a majority of the judges of said court and spread upon the 
 records of said court. Every police officer of the- City of Chicago 
 shall be ex officio a deputy bailiff' of the court and shall perform, 
 from time to time, such duties in respect to criminal and quasi 
 criminal cases, including cases pertaining to alleged violations 
 of city ordinances pending in said court, as may be required of 
 him by the court or branch thereof or any judge thereof. All 
 selections of deputy bailiffs shall be made in accordance with 
 the provisions of the act entitled "An Act to regulate the civil 
 service of cities," approved March 20, 1895. 
 
 Section 14. Neither the clerk nor the bailiff nor any deputy 
 clerk or deputy bailiff of said court shall receive, aside from 
 his salary and the costs by this Act required to be paid to him 
 in his official capacity, any money, property or other valuable 
 thing, as a gratuity or otherwise, for the performance of any 
 duty imposed upon him by virtue of his office, or for the per- 
 formance of any work of any kind or character in any manner 
 connected therewith; nor shall the chief justice or any judge, 
 or the clerk or the bailiff or any deputy clerk or deputy bailiff 
 of said court solicit or receive, or cause to be solicited or re- 
 ceived, from any railroad corporation or other common carrier, 
 for himself or for any other person, any free pass or other gift 
 of value. It shall be the duty of the judges of said court to 
 remove from office any clerk, deputy clerk, bailiff or deputy 
 bailiff who shall violate any provision of this section. The pow- 
 ers, duties and liabilities of such deputy bailiffs shall be the 
 same, as near as may be, as those prescribed by law for con- 
 stables with respect to attendance upon, and service and exe- 
 cution of process, and obedience to the lawful orders and direc- 
 tions of said court. 
 
 Section 15. The practice and procedure in said court shall 
 be the same, as near as may be, as that prescribed by law for 
 similar suits and proceedings before justices of the peace and 
 police magistrates.
 
 638 PRACTICE IN THE MUNICIPAL COURT. 
 
 The provisions of all laws relating to justices of the peace 
 and police maj^istrates, which concern the practice and proce- 
 dure before them, transcripts, all proceedings by appeal or 
 otherwise to review their judgments and the acknowledgment 
 of chattel mortgages and conveyances between husband and 
 wife shall, as near as may be, except as otherwise provided in 
 this act, apply to said City Court and the practice and proce- 
 dure therein. 
 
 Section 16. Service of siunmons or writ shall be made by 
 delivering a copj^ thereof to the defendant, if an individual ; but 
 if any defendant be a corporation, the service shall be made in 
 the manner provided by law for similar cases at law in the Cir- 
 cuit Court. 
 
 Section 17. The court shall not exercise jurisdiction in any 
 suit brought therein, unless the defendant, if there be one de- 
 fendant, or one of the defendants, if there be more than one de- 
 fendant, resides or is found within the district in which the 
 branch of said court is located, or if the defendant be a cor- 
 poration having its principal office in the City of Chicago, unless 
 its principal office is within such district; but if the defendant 
 be a corporation not having its principal office in the City of 
 Chicago, suit may be brought in any branch of the court within 
 whose district service of process may be had upon any officer, 
 agent or employe of such corporation upon whom service of 
 process might be had if issued in a suit commenced in the Cir- 
 cuit Court. If, in any case, there is more than one defendant 
 and one defendant resides or is found within said district, or is 
 properly served with process therein, the process of said court 
 may be served upon the remaining defendant or defendants at 
 any place within said City of Chicago; but should such suit be 
 dismissed as to the defendant residing or foimd within said dis- 
 trict, then such suit shall, upon the trial, be dismissed by the 
 court as to all defendants, unless all the other defendants con- 
 sent that the court may retain jurisdiction. Provided, that no 
 suit shall be brought against the City of Chicago or any other 
 municipal corporation in said court other than in the district 
 in w^hich the City Hall is located. This section shall not apply 
 to attachment suits brought against non-residents of this state, 
 which suits may be brought in any branch of the court within
 
 APPENDIX. 639 
 
 the district in which any property of the defendant is levied 
 upon, or within which any garnishee resides or is found. When, 
 upon the complaint of any defendant, it shall be made to appear 
 to any branch of the court that a suit has been improperly 
 brought therein, the court shall not be required on that account 
 to dismiss the suit, if any branch of the court could properly 
 have jurisdiction thereof; but in such case the court may cause 
 such suit to be transferred to the proper branch of the court, 
 and the branch to which the same is transferred shall proceed 
 therewith, as if the same had been originally commenced in the 
 district in which such branch is located: provided, however, that 
 the court may, in its discretion, require the plaintiff to pay the 
 costs of the defendant paid by him prior to such transfer. 
 
 Section 18. Previous to the commencement of any trial 
 before any Judge of said court the defendant, or his agent or 
 attorney, may make oath that it is the belief of such deponent 
 that the defendant cannot have an impartial trial before such 
 judge. Whereupon, it shall be the duty of the judge to grant 
 a change of venue to a judge who is not of kin to either party, 
 or interested in the event of the suit. In no case shall the grant- 
 ing of any change of venue delay the trial of the suit, but such 
 suit shall be tried and disposed of at the time set for the trial 
 thereof, or at the time to which the trial thereof may be post- 
 poned, before some other judge of the court in the same, or in 
 any other district in which the suit may be ordered to be tried, 
 and all orders necessary for the setting of such suit for trial, 
 and for the securing of a speedy trial thereof may be made by 
 the judge from whom said change of venue has been obtained. 
 
 Section 19. Upon the filing of any praecipe which shall not 
 have attached thereto an affidavit of amount due, the court or 
 the clerk thereof shall examine the plaintiff as to the amount 
 claimed, and shall endorse thereon the amount of such claim. 
 Upon each summons there shall be endorsed the amount shown 
 to be due by the affidavit or by the endorsement upon the pre- 
 cipe, and the defendant may pay such sum and costs to the dep- 
 uty bailiff who serves such summons. Upon such payment the 
 officer shall immediately give a receipt to the defendant for 
 such sum and costs, and shall make a return of that fact upon 
 the summons, and thereupon a judgment shall be entered for the
 
 640 PRACTICE IN THE MUNICIPAL. COURT. 
 
 sum SO claimed and costs, and immediately marked satisfied by 
 pajinent. Upon every summons there shall be printed in plain 
 type the location of the branch of the coiu-t to which the same 
 is returnable, information prescribed by the chief justice con- 
 cerning defaults in cases of non-appearance of the defendant, 
 and such further information as may be prescribed by the chief 
 justice. 
 
 Section 20. The process in any suit for the violation of any 
 municipal ordinance shall, except as hereinafter provided, be a 
 summons. If the defendant, after being duly served with sum- 
 mons, fails to appear personally at the time specified in the sum- 
 mons, the court may proceed with the trial or may issue a war- 
 rant for the arrest of the defendant. 
 
 When the offense complained of is also a violation of any 
 provision of the criminal code the court may issue a warrant in 
 the first instance for the violation of the ordinance under the 
 like circumstances under which a warrant might issue for a 
 violation of the criminal code. 
 
 A warrant may issue in the first instance upon the affidavit 
 of any person that an ordinance has been violated, and that the 
 person making the complaint has reasonable grounds to believe 
 the party charged is guilty thereof and will escape unless 
 arrested, and stating the facts upon which such belief is based, 
 provided the judge to whom application is made for such war- 
 rant shall be satisfied, after examining under oath the party 
 making the affidavit that such arrest should be made, and any 
 person arrested upon any warrant herein provided for shall, 
 without unneeessaiy delay, be taken before the branch of the 
 court to which such warrant is returnable and tried for the 
 alleged offense. 
 
 Section 21. Upon the arrest of any person for any criminal 
 or quasi criminal offense within the jurisdiction of the court the 
 chief of police or any captain, lieutenant or sergeant of police 
 of the City of Chicago shall have power to let such person to 
 bail. The bail bond in any such case shall be conditioned for 
 the appearance of the person arrested before some branch of the 
 court, at a time fixed in such bond for such appearance, which 
 time shall be not later than two days after the date of the bond. 
 Anv bond so taken shall be signed by one or more sureties, to be
 
 APPENDIX. 641 
 
 approved by such officer, who is hereby authorized and required 
 to administer oaths for the purpose of ascertaining the suffi- 
 ciency of the sureties. All bonds so taken shall be filed with the 
 clerk of the branch at which the person arrested is required to 
 appear. The exercise of the power hereby conferred of letting 
 to bail shall be subject to regulation by such rules as may be 
 adopted by a majority of the judges of the court, as herein pro- 
 vided. But any person so arrested shall have the right to be 
 brought immediately before the branch of the court in the dis- 
 trict in which he is arrested, or, if there be no judge then in 
 attendance upon such branch, to any other branch at which there 
 may be a judge then in attendance, to be dealt with according 
 to law. 
 
 Section 22. Both in direct and in collateral proceedings the 
 same presumptions shall be indulged with respect to the juris- 
 diction of the coui't over the subject-matter of suits and over 
 the parties thereto as are indulged with respect to the jurisdic- 
 tion of Circuit Courts in like cases. 
 
 Section 23. Any money judgment rendered in the court, 
 when no execution issued thereon is outstanding, may be satis- 
 fied by the payment by the party against whom the same has 
 been rendered of the amount thereof and the costs to the clerk 
 of the court, who, upon payment being made, shall enter satis- 
 faction thereof, and shall, upon demand, pay over the money 
 received by him to the person appearing of record to be entitled 
 thereto. 
 
 Section 24. The court shall take judicial notice of all mat- 
 ters of which courts of general jurisdiction in this state are 
 required to take judicial notice, and also of the following: 
 
 All general ordinances of the City of Chicago. 
 
 Section 25. The costs in civil cases in the court shall be as 
 follows : 
 
 First. The plaintiff at the time of commencing his suit shall 
 pay to the clerk in full for all services to be rendered by said 
 clerk Two Dollars ($2), when the amount claimed by him in 
 money or property does not exceed One Hundred Dollars ($100) 
 and five dollars ($5) in all other cases, including all forcible en- 
 try and detainer cases. 
 41
 
 (3-12 PRACTICE IN THE MUNICIPAL COUKT. 
 
 Second. The party delivering to the bailiff any summons, 
 writ of attachment, writ of replevin, subpoena, writ of execution 
 or other process, shall, at the time of making such delivery, pay 
 to the bailiff the siun of One Dollar ($1) for each defendant 
 named in such process upon whom service thereof is to be made ; 
 and in case of writs of attachment, replevin or execution, he 
 shall pay to the bailiff the further sum of One Dollar ($1) when 
 any levy upon or seizure of property is to be made thereunder, 
 and shall also pay to the bailiff the actual expense of seizing and 
 caring for anj^ property levied upon or seized thereunder. 
 
 Third. As commissions on moneys realized by execution, the 
 bailiff shall collect from the defendant in the execution five per 
 cent, upon the amount realized, if it do not exceed One Hun- 
 dred Dollars ($100), but if the amount realized exceeds One 
 Hiuidred Dollars ($100) the bailiff shall collect five per cent, on 
 the first One Hundred Dollars ($100) and three per cent, upon 
 the excess over One Hundred Dollars ($100). 
 
 Section 26. In criminal and quasi criminal cases and pro- 
 ceedings in the court instituted in the name or by the authority 
 of the people, or in the name of any state or county officer in 
 his official capacity, no fee or costs shall be asked or received in 
 advance. 
 
 All moneys collected upon judgments of the court in cases 
 for the violation of the ordinances of the City of Chicago shall 
 be paid to the clerk, who shall pay over the same to the City of 
 Chicago within one week after receiving the same. 
 
 Section 27. All costs collected in each week by the clerk 
 and bailiff shall be paid over by ""them respectively to the City 
 of Chicago on the Monday of the succeeding week, and the 
 clerk and bailiff shall be held personally responsible for all costs 
 required to be paid to them in advance as hereinbefore provided, 
 less such sums as shall have been paid out as jurors' fees where 
 the jury shall have been summoned in a cause wherein the de- 
 fendant is not required by law to advance the same. They shall 
 be required to keep complete and accurate accounts of all moneys 
 collected by them, and such accounts shall, under the direction 
 of the chief justice of said court, be examined and audited 
 monthly, the expense thereof to be paid by the city.
 
 - APPENDIX. 643 
 
 Section 28. The offices of justices of the peace, police magis- 
 trates and constables in and for the territory within the City of 
 Chicago are hereby abolished, and the jurisdiction of justices of 
 the peace in the territory in the County of Cook outside of the 
 City of Chicago is hereby limited to the territory outside of said 
 city ; but this section of this Act shall not become operative until 
 May 1, A. D. 1907, and on and after said date the jurisdiction 
 hereby conferred upon the court shall exclude the exercise of any 
 portion of such jurisdiction by all other courts excepting courts 
 of record, and on and after said date, no other court than a 
 court of record shall exercise jurisdiction in any case of which 
 said court is given jurisdiction by this Act. 
 
 Section 29. When the offices of justices of the peace within 
 the City of Chicago shall be abolished, the docket of each jus- 
 tice of the peace whose office is thus abolished shall be forthwith 
 delivered up to the clerk of said court. Executions may be is- 
 sued by the clerk of said court upon any unsatisfied judgments 
 rendered by such justice of the peace in all cases in which the 
 same might have been issued had such office of justice of the 
 peace not been abolished, and an appeal shall lie to the Circuit 
 Court, Superior Court or County Court of Cook County from 
 any judgment rendered by any justice of the peace within twen- 
 ty days prior to May 1, A. D. 1907, upon the giving by the ap- 
 pellant of an appeal bond, with security, as now required by law 
 in cases of appeals from justices of the peace: provided, the 
 appeal bond is filed at any time within twenty days after said 
 date. In all cases not determined or finally disposed of by any 
 such justice of the peace at the time his office is abolished, such 
 proceedings shall be had in said court, as might be had were 
 such suits originally brought in said court, but no trial of any 
 such case shall be had in said court without such notice to the 
 parties thereto as the court may deem necessary. All writs is- 
 sued by justices of the peace within the City of Chicago and 
 which shall not have been returned on or before May 1, A. D. 
 1907, shall be forthwith returned to the court, and said court 
 shall have full power to make such provision for the execution 
 or other disposition of all such writs as said court may deem 
 proper for the protection of the rights of the respective parties 
 to the suits in which such writs shall have been issued.
 
 G44 PRACTICE IN THE MUNICIPAL COURT. 
 
 Section 30. It shall be the duty of the chief justice of the 
 court to superintend the keeping of the records of said court and 
 to prescribe abbreviated forms of entries of orders therein in 
 civil cases, wliich abbreviated forms so prescribed shall have the 
 same force and effect as if said orders were entered in full in 
 the records of said court. When any certified transcript of the 
 record, or of any portion thereof, of any suit or proceeding in 
 said court is required, the same shall be written out in full from 
 such abbreviated forms and duly authenticated according to law. 
 
 Section 31. In case it shall be hereafter determined that so 
 much of Sections seven (7) and ten (10) hereof as fixes the 
 terms of office of the judges of the court is invalid, this Act 
 shall not on that account be adjudged wholly invalid, but the 
 terms of office of the judges of said court shall, in such case, 
 be four years, and they shall hold their offices until their suc- 
 cessors shall be elected and qualified, and on the first Monday 
 of Jime, A. D. 1910, and on the first Monday of June of every 
 fourth year thereafter, there shall be elected twenty-five (25) 
 judges of said court as successors in office of the judges hereby 
 required to be elected on the first Monday of June, A. D. 1906, 
 and the terms of office of the judges added to said court in pur- 
 suance of Section ten (10) hereof shall be four years. 
 
 Section 32. The invalidity of any portion of this Act shall 
 not affect the validity of any other portion thereof which can be 
 given effect without such invalid part. 
 
 Section 33. This Act shall be submitted to a vote of the 
 legal voters of the City of Chicago at the general election to be 
 held on the first Tuesday after the first Monday of November, 
 A. D. 1905, and if a majority of the legal voters of said city 
 voting on the question at such election shall consent to this Act, 
 the same shall thereupon immediately take effect and become 
 operative.
 
 APPENDIX. 645 
 
 HOUSE BILL NO. 422 AS AMENDED AND PASSED BY 
 THE SENATE. 
 
 This bill is the same as that which finally became a law with 
 the exception of the sections which are given below which were 
 changed by the conference committee, whose report was adopted. 
 
 SECTION 2. 
 
 Section 2. That said Municipal Court shall have jurisdiction 
 within the city of Chicago, in the following cases : 
 
 First. All actions on contracts, express or implied, when the 
 amount claimed by the plaintltf exceeds one thousand dollars 
 ($1,000) and which, for convenience, will be hereinafter re- 
 ferred to and designated as cases of the first class. 
 
 Second. All suits of every kind and nature, whether civil or 
 criminal, or whether at law or in equity, which may be trans- 
 ferred to it by change of venue, or otherwise, by the Circuit 
 Court of Cook County, or by the Superior Court of Cook Coun- 
 ty, or by the Criminal Court of Cook County, for trial and dis- 
 position, and which, for convenience, will be hereinafter desig- 
 nated and referred to as cases of the second class. 
 
 Third. All criminal cases in which the punishment is by fine 
 or imprisonment otherwise than in the penitentiary, and which, 
 for convenience, will be hereinafter designated and referred to 
 as cases of the third class. 
 
 Fourth. All those classes of suits and proceedings, whether 
 civil or quasi criminal, of which justices of the peace are now 
 given jurisdiction by law, in all of which classes of suits and 
 proceedings said municipal court shall have jurisdiction when 
 the amount sought to be recovered, whether by way of dam- 
 ages, penalty, or otherwise, if the suit or proceeding be for the 
 recovery of money only, or the value of the personal property 
 claimed, if the suit or proceeding be brought for the recovery 
 of personal property, does not exceed one thousand dollars 
 ($1,000) ; provided, however, that in any action upon a bond, 
 the amount sought to be recovered thereon and not the penalty 
 of the bond shall determine the jui-isdiction, and that when pay- 
 ments are to be made by installments, an action may be brought
 
 646 PRACTICE IN THE MUNICIPAL COURT. 
 
 in the Municipal Court for any installment not exceeding one 
 thousand doHnis ($1,000) as it becomes due, and which, for 
 convenience, will be hereinafter designated and referred to as 
 cases of the fourth class. 
 
 Fifth. All other suits at law, for the recovery of money only, 
 when the amount claimed does not exceed one thousand dollars 
 ($1,000), and which, for convenience, will be hereinafter desig- 
 nated and referred to as cases of the xifth class. 
 
 NOTE TO SECTION 2. 
 The change made in this section consisted in the insertion in 
 clause first after " ($1,000) " the words *'and all actions for the 
 recovery of personal property or for the recovery of damages 
 for the conversion of an (or) injury to personal property, when 
 the value of the property on (or) the amount of damages sought 
 to be recovered, as claimed by the plaintiff, exceeds one thousand 
 dollars ($1,000)." 
 
 SECTION 7. 
 
 Section 7. That all blanks, books, papers, stationery and fur- 
 niture necessary to the keeping of the records of the proceedings 
 of such Municipal Coiu't, and the transaction of the business 
 thereof, shall be furnished the officers of such court at the ex- 
 pense of the city. 
 
 NOTE TO SECTION 7. 
 
 The change made in this section consisted in the addition of 
 the following: "All other expenditures on account of such 
 court which may be authorized by the city council, and which 
 are not specifically mentioned in this act, shall be paid out of 
 the city treasury." 
 
 SECTION 8. 
 
 Section 8. That said Municipal Court shall consist of twenty- 
 five (25) judges, one of whom shall be chief justice and the re- 
 maining twenty-four (24) of whom shall be associate judges. 
 Each branch court shall be presided over by a single judge of 
 the Municipal Court. The chief justice, in addition to the ex- 
 ercise of all the other powers of a judge of said court, shall have 
 the general superintendence of the business of said court; he 
 shall preside at all meetings of the judges, and he shall assign 
 the associate judges to duty in the branch courts, from time to 
 time, as he may deem necessary for the prompt disposition of
 
 APPENDIX- 647 
 
 the business thereof, and it shall be the duty of each associate 
 judge to attend and serve at any branch court to which he may 
 be so assigned, but the chief justice shall only assign such num- 
 ber of judges to the trial and disposition of cases of the first 
 class and cases of the second class mentioned in section two (2) 
 of this act from time to time, as may not be needed for the 
 prompt disposition of the other business of the court. The chief 
 justice shall also superintend the preparation of the calendars 
 of cases for trial in said court and shall make such classification 
 and distribution of the same upon different calendars as he 
 shall deem proper and expedient. Each associate judge shall 
 at the commencement of each month make to the chief justice, 
 under his official oath, a report in writing of the duties per- 
 formed by him during the preceding month, which report shall 
 specify the niunber of days' attendance in court of such judge 
 during such month, and the branch courts upon which he has 
 attended, and the number of hours per day of such attendance, 
 for which the chief justice shall cause suitable blanks to be pre- 
 pared and furnished to the associate judges. Each judge shall 
 be entitled to vacations, which shall not exceed thirty-six days 
 in all in any one year and which shall be taken at such times as 
 may be determined by the chief justice. The chief justice must 
 give his attention faithfully to the discharge of the duties espe- 
 cially pertaining to his office and to the performance of such 
 additional judicial work as he may be able to perform. Each 
 associate judge must perform his share of the labors and duties 
 appertaining to the office. At least one associate judge must 
 be in attendance in one branch court in each district, six hours 
 of each day, except Sunday, a public holiday, or a day upon 
 which the inhabitants of the city of Chicago generally refrain 
 from business, and each associate judge, while in the court room 
 or in chambers, and not actually engaged in the performance 
 of other official duties, must act upon any application for his 
 official action, properly made to him. One branch court in the 
 First District shall be kept open, and at least one judge assigned 
 for that purpose by the chief justice, shall be in attendance 
 thereat, each day, excepting Sunday or a public holiday, from 
 nine o'clock A. M. to ten o'clock P. M., excepting two hours' 
 intermission, for the transaction of such business as may come 
 before it. It shall be the duty of the chief justice and the asso-
 
 648 PRACTICE IN THE MUNICIPAL COUET. 
 
 ciate judges to meet together at least once in each month, ex- 
 cepting the month of August, in each year, at such hour and 
 place as may be designated by the chief justice, and at such 
 other times as may be required by the chief justice, for the 
 consideration of such matters pertaining to the administration 
 of justice in said court as may be brought before them. At 
 such meetings they shall receive and investigate, or cause to be 
 investigated, all complaints presented to them pertaining to the 
 said court, and to the officers thereof, and shall take such steps 
 as they deem necessary or proper with respect thereto, and they 
 shall have power and it shall be their duty to adopt or cause 
 to be adopted all such rules and regulations for the proper ad- 
 ministration of justice in said court as to them may seem ex- 
 pedient. The salary of the chief justice shall be seven thousand 
 five hundred dollars ($7,500) per annum, and the salary of an 
 associate judge shall be six thousand dollars ($6,000) per an- 
 num, payable in monthly installments out of the city treasury. 
 
 NOTE TO SECTION 8. 
 
 The change made in this section consisted of an increase of 
 the number of judges from twenty-five (25) to twenty-eight 
 (28). 
 
 SECTION 9. 
 
 Section 9. That the chief justice and the associate judges of 
 the Municipal Court provided for in the preceding section shall 
 be elected on the first Tuesday after the first Monday of Novem- 
 ber, A. D. 1906; that the chief justice shall hold his office for 
 the term of six (6) years and until his successor shall be elected 
 and qualified; that of the said associate judges so to be elected 
 eight (8) shall be elected for the term of two (2) years; eight 
 (8) for the term of four (4) years, and eight (8) for the term 
 of six (6) 3'ears and until their respective successors shall be 
 elected and qualified, and on the first Tuesday after the first 
 Monday of November, A. D. 1908, and on the first Tuesday 
 after the first Monday of November of every sixth year there- 
 after, and on the first Tuesday after the first Monday of No- 
 vember, A. D. 1910, and on the first Tuesday after the first 
 Monday of November every sixth year thereafter there shall 
 be elected eight (8) associate judges of said Municipal Court 
 and on the first Tuesday after the first Monday of November,
 
 APPENDIX. 649 
 
 A. D. 1912, and every sixth year thereafter there shall be elected 
 a chief justice and eight (8) associate judges of said Municipal 
 Court as successors in office of the chief justice and associate 
 judges of the Municipal Court by this act required to be elected, 
 each of whom shall hold his office for the term of six (6) years 
 and until his successor shall be elected and qualified. The judges 
 so required to be elected shall enter upon the discharge of their 
 duties on the first Monday of December following their election. 
 Vacancies in the office of chief justice or associate judge of the 
 Municipal Court shall be filled by election at the regular mu- 
 nicipal, judicial or other general election which shall occur next 
 after a period of thirty (30) days from the time such vacancies 
 respectively occur, but where the unexpired term does not ex- 
 ceed one year, the vacancy shall be filled by appointment by the 
 Governor. "Whenever a vacancy occurs in the office of chief 
 justice, or whenever the chief justice shall be absent from the 
 city of Chicago, or incapacitated from acting, the associate 
 judges shall select one of their number to act as chief justice 
 imtil such vacancy shall be filled by election or appointment as 
 above provided for, or until the return of the chief justice, or 
 until his incapacity ceases. 
 
 NOTE TO SECTION 9. 
 
 The change in this section consisted in the provision for the 
 election of twenty-eight (28) judges instead of twenty-five (25). 
 
 SECTION 13. 
 
 Section 13. That the judges of said Municipal Court may 
 interchange with judges of other city courts, and said respective 
 judges may hold court for each other and perform each other's 
 duties when they find it necessary or convenient. 
 
 NOTE TO SECTION 13. 
 
 The change in this section consisted in the addition of a pro- 
 vision for an interchange with county judges. 
 
 SECTION 20. 
 
 Section 20. That the judges of said Municipal Court shall 
 have power to adopt, in addition to or in lieu of the provisions
 
 650 PRACTICE IN THE MUNICIPAL COURT. 
 
 herein contained prescribing the practice in said Municipal 
 Court or of any portion or portions of said provisions, such 
 rules regulating the practice in said court as they may deem 
 necessary or expedient for the proper administration of justice 
 therein. The adoption of said rules shall be accomplished by 
 an order signed by a majority of said judges, which order, when 
 made, shall be forthwith spread upon the records of the Munici- 
 pal Court and shall be printed in pamphlet form at the expense 
 of the city : Provided, however, that no rule or rules inconsistent 
 with those expressly provided for by this act shall become ef- 
 fective and be in force until after the lapse of thirty (30) days 
 from the approval thereof by the Supreme Court. Application 
 to the Supreme Court for such approval may be made by the 
 chief justice of the Municipal Court, after notice of such appli- 
 cation shall have been published once each week, for three con- 
 secutive weeks, in some newspaper of general circulation pub- 
 lished in the city of Chicago, specifying the time at which such 
 application shall be made. Upon such application the Supreme 
 Court shall review the said rule or rules so adopted and may 
 either confirm the order adopting the same or may modify or 
 set aside the same, and the Supreme Court may, in its discre- 
 tion, substitute for the rule or rules so adopted by said judges 
 of said Municipal Court or for any portion thereof, such other 
 rules as the Supreme Court may deem proper, and may, in its 
 discretion, of its owti motion or otherwise, make any order re- 
 specting the rules of said Municipal Court which it may deem 
 proper. The Supreme Court and the Appellate Courts in cases 
 brought to them from the Municipal Court by appeal or writ of 
 error shall take judicial notice of the rules of practice from time 
 to time in force in said Municipal Court. 
 
 NOTE TO SECTION 20. 
 
 The change in this section consisted in changing the words 
 ' ' Provided, however, that no rule or rules inconsistent with those 
 expressly provided for by this act shall become effective and be 
 in force," so that in the act as passed, they are made to read 
 as follows: "Provided, however, that no such rule or rules so 
 adopted shall be inconsistent with those expressly provided for 
 by this act, nor shall they become effective and be in force. ' '
 
 APPENDIX. 651 
 
 SECTION 37. 
 
 Section 37. That in trials by jury in the Municipal Court 
 the court shall not charge the jury as to the facts but may state 
 the testimony and the law and the charge may, in the discretion 
 of the court, be given orally or in writing. 
 
 NOTE TO SECTION 37. 
 
 The change in this section was such as to make it read as fol- 
 lows : ' ' That in trials by jury in the Municipal Court the court 
 shall charge the jury as to the law only, and the charge may, in 
 the discretion of the court, be given orally or in writing, but, 
 when given orally, it shall be taken down in shorthand and at 
 the request of either party, a transcript thereof shall be made 
 and filed in the cause in which such charge is given and shall 
 be made a part of the record in such case. ' * 
 
 SECTION 65. 
 
 Section 65. That in case it shall be hereafter determined 
 that so much of sections nine (9) and twelve (12) hereof as 
 fixes the terms of office of the chief justice and associate judges 
 of the Municipal Court is invalid, this act shall not on that ac- 
 count be adjudged wholly invalid, but the terms of office of the 
 chief justice and associate judges of said Municipal Court shall 
 in such case be four (4) years, and they shall hold their offices 
 until their successors shall be elected and qualified, and on the 
 first Tuesday after the first Monday of November, A. D. 1910, 
 and on the first Tuesday after the first Monday of November 
 of every fourth year thereafter there shall be elected a chief 
 justice and twenty-four (24) associate judges of said Municipal 
 Court as successors in office of the judges hereby required to 
 be elected on the first Tuesday after the first Monday of No- 
 vember, A. D. 1906, and the terms of office of the associate 
 judges which may be added to said Municipal Court in pur- 
 suance of section twelve (12) hereof shall be four (4) years. 
 
 NOTE TO SECTION 65. 
 
 The change made in this section was to insert ''twenty-seven 
 (27) associate judges," in place of "twenty-four (24) associate 
 judges."
 
 SUGGESTIONS AS TO AMENDMENTS TO THE MUNICI- 
 PAL COURT ACT. 
 
 Some of the provisions of the Municipal Court Act were in- 
 serted against the objection and protest of the author, while 
 others contained inaccuracies, for which the author might justly 
 be held responsible. Some provisions, also, were through inad- 
 vertence omitted. Since the adoption of the act, the author has 
 prepared such amendments as have occurred to him up to the 
 present time and has deemed it expedient to insert them in this 
 appendix in the form of an amended act, with short notes to 
 each section explanatory of the amendments. Those amend- 
 ments would make the act, omitting the last section, read as 
 follows : 
 
 AMENDED MUNICIPAL COURT ACT. 
 
 SECTION 1. 
 
 Section 1. Be it enacted by the People of the State of Illi- 
 nois represented in the General Assembly: That there shall be 
 established in and for the city of Chicago a municipal court 
 which shall be styled "The Municipal Court of Chicago," here- 
 inafter designated and referred to as the municipal court, and 
 the jurisdiction of which shall be exercised in the manner here- 
 inafter prescribed by branch courts, each of which shall exer- 
 cise all the powers in this act declared to be vested in the mu- 
 nicipal court. 
 
 NOTE. 
 
 This section is section 1 of the original act without change. 
 SECTION 2. 
 
 Section 2. That said municipal court shall have jurisdiction 
 within the city of Chicago in the following cases : 
 
 First. Cases to be designated and hereinafter referred to as 
 cases of the first class, which shall include (a) all actions on 
 contracts, express or implied, when the amount claimed by the 
 
 652
 
 APPENDIX. 653 
 
 plaintiff, exclusive of costs, exceeds one thousand dollars 
 ($1,000) ; (b) all actions for the recovery of personal property 
 when the value of the property sought to be recovered as 
 claimed by the plaintiff exceeds one thousand dollars ($1,000) ; 
 and (c) all actions for the recovery of damages for the conver- 
 sion of personal property, and actions for the recovery of dam- 
 ages for injuries to personal property, when the amount of dam- 
 ages sought to be recovered, as claimed by the plaintiff, exclu- 
 sive of costs, exceeds one thousand dollars ($1,000). 
 
 Second: Cases to be designated and hereinafter referred to 
 as cases of the second class, which shall include all suits of 
 every kind and nature, whether civil or criminal, or whether 
 at law or in equity, which may be transferred to it, by a change 
 of venue or otherwise, by the circuit court of Cook county, the 
 superior court of Cook county, the criminal court of Cook county, 
 or any other court of competent jurisdiction, for trial and dis- 
 position. 
 
 Third: Cases to be designated and hereinafter referred to as 
 cases of the third class, which shall include all criminal cases 
 in which the punishment is by fine or imprisonment otherwise 
 than in the penitentiary. 
 
 Fourth: Cases to be designated and hereinafter referred to 
 as cases of the fourth class, which shall include (a) all actions, 
 quasi criminal actions excepted, for the recovery of money only 
 when the amount claimed by the plaintiff, exclusive of costs, 
 does not exceed one thousand dollars ($1,000), the amount in 
 any action on a bond to be determined by the amount actually 
 sought to be recovered and not by the penalty of the bond; (b) 
 actions for the recovery of personal property when the value 
 of the property sought to be recovered does not exceed one thou- 
 sand dollars ($1,000) ; (c) actions of forcible detainer, and (d) 
 all other actions of which justices of the peace are now given 
 jurisdiction by law and which are not otherwise provided for 
 in this act. In any action of the fourth class for the recovery 
 of money only judgment may be rendered for over one thou- 
 sand dollars ($1,000) where the excess over one thousand dol- 
 lars ($1,000) shall consist of interest or damages or costs ac- 
 crued after the commencement of such action. 
 
 Fifth: Cases to be designated and hereinafter referred to as
 
 654 PRACTICE IN THE MUNICIPAL COURT. 
 
 cases of the fifth class, which shall include all quasi criminal 
 actions, qui tam actions excepted, for the recover}^ of fines or 
 penalties. 
 
 Sixth: Cases to be designated and hereinafter referred to as 
 cases of the sixth class which shall include (a) all proceedings 
 for the prevention of the commission of crimes ; (b) all proceed- 
 ings for the arrest, examination, commitment and bail of per- 
 sons charged with criminal offences; (c) all proceedings per- 
 taining to searches and seizures of personal property by means, 
 of search warrants; and (d) bastardy cases. 
 
 NOTE. 
 
 This section is section 2 of the original act with some verbal 
 changes of minor importance, and also the following: 
 
 First: Quasi criminal cases are excluded from paragraph 
 fourth and dealt with in paragraph fifth. 
 
 Second: Actions of forcible detainer are expressly mentioned 
 in paragraph fourth. 
 
 Third: Provision is made that in any case of the fourth class 
 for the recovery of money only, judgment may be rendered for 
 over $1,000 when the excess over $1,000 shall consist of interest 
 or damages or costs accrued after the commencement of the 
 action, and in the fourth class are included all civil actions in- 
 cluded in the fifth class in the original act. 
 
 Fourth: Clause 5 is made to include all quasi criminal ac- 
 tions, qui tam actions excepted, for the recovery of fines or 
 penalties, regardless of the amount sought to be recovered. In 
 the original act the jurisdiction was limited to cases where the 
 amount sought to be recovered did not exceed $1,000. 
 
 Fifth: An additional clause niunbered sixth is added, cov- 
 ering proceedings for the prevention of the commission of 
 crimes, proceedings for the arrest, examination, conunitment and 
 bail of persons charged with criminal offenses, proceedings per- 
 taining to searches and seizures, and bastardy cases. In the 
 original act no provision was made for bastardy cases. 
 
 SECTION 3. 
 
 Section 3. That for the purposes of said municipal court 
 the city of Chicago shall be divided into districts, which, until
 
 APPENDIX. 655 
 
 otherwise provided, shall be five in number and their territorial 
 limits shall be as follows: 
 
 Of the First District the territorial limits shall be the terri- 
 tory bounded on the east by Lake Michigan, on the north by 
 the city limits, on the west by the center line of Western avenue 
 from the city limits on the north to the center line of Fifty-fifth 
 street, thence on the south by the center line of Fifty-fifth 
 street to the center line of State street, thence on the west by the 
 center line of State street to the center line of Sixty-third street, 
 thence on the south by the center line of Sixty-third street to 
 the center line of Cottage Grove avenue, thence on the west by 
 the center line of Cottage Grove avenue to the center line of 
 Seventy-first street, and thence on the south by the center line 
 of Seventy-first street to Lake Michigan, and such territory 
 shall be loiown as the First District. 
 
 Of the Second District the territorial limits shall be the ter- 
 ritory bounded on the south by the city limits, on the east by 
 the city limits and Lake Michigan, on the north by the center 
 line of Seventy-first street, and on the west by the center line 
 of Cottage Grove avenue, and such territory shall be known as 
 the Second District. 
 
 Of the Third District the territorial limits shall be the terri- 
 tory bounded on the west and south by the city limits, on the 
 east by the center line of Cottage Grove avenue from the city 
 limits on the south to the center line of Sixty-third street, thence 
 on the north by the center line of Sixty-third street to the center 
 line of State street, thence on the east by the center line of 
 State street to the center line of Fifty-fifth street, thence on 
 the north by the center line of Fifty-fifth street to the city limits 
 on the west, and such territory shall be known as the Third 
 District. 
 
 Of the Fourth District the territorial limits shall be the ter- 
 ritory bounded on the south by the center line of Fifty-fifth 
 street, on the east by the center line of Western avenue, on the 
 north by the center line of Lake street and on the west by the 
 city limits, and such territory shall be known as the Fourth 
 District. 
 
 Of the Fifth District the territorial limits shall be the terri- 
 tory bounded on the south by the center line of Lake street, on 
 the east by the center line of Western avenue, and on the north
 
 65(i PRACTICE IK TUE MUNICIPAE COURT. 
 
 and west by the city limits, and such territory shall be known 
 as the Fifth District. 
 
 The number and boundaries of the districts may be changed, 
 from time to time, by orders si^ed by a majority of the judges 
 of the municipal court, and spread upon the records thereof, 
 which orders shall be published for three successive weeks, once 
 in each week, in some newspaper of general circulation in the 
 city of Chicago, and which shall take effect respectively within 
 thirty days after the last publication thereof; provided, how- 
 ever, no such change in the number or boundaries of districts 
 shall become effective unless the order therefor shall have been 
 approved by the city council of the city of Chicago. As many 
 branch courts shall be held in each district as may be deter- 
 mined by the chief justice of said municipal court to be neces- 
 sary for the prompt and proper disposition of the business of 
 said court; Provided, however, that at least one branch court 
 shall be held in each district. Such branch courts may be given 
 such designation by numbers or otherwise as may be deter- 
 mined by the chief justice. 
 
 NOTE. 
 
 This section is substantially the same as section 4 of the 
 original act, section 3 of the original act being omitted as sur- 
 j»lusage. 
 
 SECTION 4. 
 
 Section 4. That said branch courts shall be held at such 
 places in said city of Chicago as may be provided for that pur- 
 pose by the corporate authorities thereof. If no place be pro- 
 vided by the corporate authorities of said city for the holding 
 of any branch court, or if the place so pro\aded become unfit, 
 said branch court may, by an order signed by the majority of 
 the judges of said municipal court, and entered upon the rec- 
 ords of said branch court, adjourn to or convene at a suitable 
 place for holding said branch court, procured for that purpose 
 by said judges, within the district in which the same is located 
 and at such place may hold said branch court, until a suitable 
 place therefor be furnished by said corporate authorities. 
 
 NOTE. 
 
 This section is the same as section 5 of the original act.
 
 APPENDIX. 657 
 
 SECTION 5. 
 
 Section 5. That said court shall have seals for each district 
 and may, from time to time, as may be necessary, renew the 
 same. The expense of said seals and renewing the same shall 
 be paid by the city of Chicago. All blanks, books, papers, sta- 
 tionery and furniture necessary to the keeping of the records of 
 the proceedings of such municipal court, and the transaction 
 of the business thereof, shall be furnished the officers of such 
 court at the expense of the city. All other expenditures on 
 account of such court which may be authorized by the city coun- 
 cil, and which are not specifically mentioned in this act, shall 
 be paid out of the city treasury. 
 
 NOTE. 
 
 This section is the same as sections 6 and 7 of the original act, 
 
 SECTION 6. 
 
 Section 6. That said municipal court shall consist of twenty- 
 eight (28) judges, one of whom shall be chief justice and the 
 remaining twenty-seven (27) of whom shall be associate judges. 
 Each branch court shall be presided over by a single judge of 
 the municipal court; Provided, however, that the chief justice 
 may cause any suit, or any proceeding in any suit, pending in 
 said court to be heard and determined by three judges, the de- 
 cision of a majority of whom shall govern as to all questions 
 of law or facts involved in such suit or proceeding, and sub- 
 mitted to them for decision, subject, nevertheless, to review upon 
 appeal or writ of error to the same extent as if such decisions were 
 made by a single judge. The chief justice, in addition to the exer- 
 cise of all the other powers of a judge of said court, shall have the 
 general superintendence of the business of said court; he shall 
 preside at all meetings of the judges, and he shall assign the as- 
 sociate judges to duty in the branch courts, from time to time, 
 as he may deem necessary for the prompt disposition of the 
 business thereof, and it shall be the duty of each associate judge 
 to attend and serve at any branch court to which he may be so 
 assigned, but the chief justice shall only assign such number of 
 judges to the trial and disposition of cases of the first class and 
 cases of the second class mentioned in section two (2) of this 
 42
 
 658 PKACTICE IN THE MUNICIPAL COURT. 
 
 act, from time to time, as may not be needed for the prompt 
 disposition of the other business of the coui't. The chief justice 
 shall also superintend the preparation of the calendars of cases 
 for trial in said court and shall make such classification and 
 distribution of the same upon different calendars as he shall 
 deem proper and expedient. Each judge shall be entitled to 
 vacations, which shall not exceed thirty-six days in all in any 
 one year and "which shall be taken at such times as may be de- 
 termined by the chief justice. The chief justice must give his 
 attention faithfully to the discharge of the duties especially per- 
 taining to his office and to the performance of such additional 
 judicial work as he may be able to perform. Each associate 
 judge must perform his share of the labors and duties apper- 
 taining to the office. At least one associate judge must be in 
 attendance in one branch court in each district, at least six hours 
 of each day, except Sunday, a public holiday, or a day upon 
 which the inhabitants of the city of Chicago generally refrain 
 from business, and each associate judge, while in the court room 
 or in chambers, and not actually engaged in the performance 
 of other official duties, must act upon any application for his 
 official action, properly made to him. One branch court in the 
 first district shall be kept open, and at least one judge assigned 
 for that purpose by the chief justice, shall be in attendance 
 thereat, each day, excepting Sunday or a public holiday, from 
 nine o'clock a. m. to ten o'clock p. m., excepting two hours' in- 
 termission, for tlje transaction of such business as may come be- 
 fore it. It shall be the duty of the chief justice and the asso- 
 ciate judges to meet together at least once in each month, ex- 
 cepting the month of August, in each year, at such hour and 
 place as may be designated by the chief justice, and at such 
 other times as may be required by the chief justice, for the con- 
 sideration of such matters pertaining to the administration of 
 justice in said court as may be brought before them. At such 
 meetings they shall receive and investigate, or cause to be in- 
 vestigated, all complaints presented to them pertaining to the 
 said court, and to the officers thereof, and shall take such steps 
 as they may deem necessary or proper with respect thereto, and 
 they shall have power and it shall be their duty to adopt or 
 cause to be adopted all such rules and regulations for the proper 
 administration of justice in said court as to them may seem.
 
 APPENDIX. 659 
 
 expedient. The salary of the chief justice shall be seven thou- 
 sand five hundred dollars ($7,500) per anniun, and the salary 
 of an associate judge shall be six thousand dollars ($6,000) per 
 annum, payable in monthly installments out of the city treasury. 
 
 NOTE. 
 
 This section is the same as section 8 of the original act with 
 the following changes: 
 
 First: There is inserted the provision '*that the chief justice 
 may cause any suit, or any proceeding in any suit, pending in 
 said court to be heard and determined by three judges, the de- 
 cision of a majority of whom shall govern as to all questions of 
 law or fact involved in such suit or proceeding and submitted 
 to them for decision, subject, nevertheless, to review upon ap- 
 peal or writ of error to the same extent as if such decisions were 
 made by a single judge." This provision is designed to pro- 
 vide for the trial or hearing before three judges of a case, or a 
 motion in a case, of unusual importance or dilBculty. 
 
 Second: The clause requiring each associate judge to make 
 a monthly report to the chief justice is omitted as being unnec- 
 essary. 
 
 SECTION 7. 
 
 Section 7. That the chief justice and the associate judges of 
 the municipal court provided for in the preceding section shall 
 be elected on the first Tuesday after the first Monday of Novem- 
 ber, A. D. 1906; that the chief justice then elected shall hold 
 his office for the term of five (5) years and four (4) months 
 and until his successor shall be elected and qualified ; that of the 
 said associate judges so to be elected nine (9) shall be elected 
 for the term of one (1) year and four (4) months; nine (9) 
 for the term of three (3) years and four (4) months, and nine 
 (9) for the term of five (5) years and four (4) months and 
 until their respective successors shall be elected and qualified, 
 and on the first Tuesday of April, A. D. 1908, and on the first 
 Tuesday of April, every sixth year thereafter, and on the first 
 Tuesday of April, A. D. 1910, and on the first Tuesday of April 
 every sixth year thereafter, there shall be elected nine (9) asso- 
 ciate judges of said municipal court and on the first Tuesday 
 of April, A. D. 1912, and every sixth year thereafter there shall
 
 660 PRACTICE IN THE MUNICIPAL COURT. 
 
 be elected a chief justice and nine (9) associate judges of said 
 municipal court as successors in office of the chief justice and 
 associate judges of the municipal court by this act required to 
 be elected, each of whom shall hold his office for the term of six 
 (6) years and until his successor shall be elected and qualified. 
 The judges so required to be elected on the first Monday of 
 November, A. D. 1906, shall enter upon the discharge of their 
 duties on the first Monday of December following their election, 
 and those elected as their successors in office .at the regular elec- 
 tions thereafter above provided for, shall enter upon -the dis- 
 charge of their duties upon the first Monday of June following 
 their election. Vacancies in the office of chief justice or asso- 
 ciate judge of the municipal court shall be fiilled by election at 
 the regular municipal, judicial or other general election which 
 shall occur next after a period of thirty (30) days from the 
 time such vacancies respectively occur, but where the unexpired 
 term does not exceed one year, the vacancy shall be filled by 
 appointment by the Governor. Whenever a vacancy occurs in 
 the office of chief justice, or whenever the chief justice shall 
 be absent from the city of Chicago, or incapacitated from act- 
 ing, the associate judges shall select one of their number to act 
 as chief justice until such vacancy shall be filled by election or 
 appointment, as above provided for, or until the return of the 
 chief justice, or until his incapacity ceases. 
 
 NOTE. 
 
 This is the same as section 9 of the original act with changes 
 made to require elections of Judges to be held at the same time 
 as city elections, in April. The date fixed, it is assumed, will 
 be the date when aldermen are elected and when there is no mayor 
 to elect. At such elections there is generally a large vote and 
 more attention is paid and weight given to the qualifications of 
 candidates than would be the case at the November elections 
 provided for by the original act. As changed, the section accom- 
 plishes the same result sought to be accomplished by the original 
 act as it passed the House of Representatives. 
 
 SECTION 8. 
 
 Section 8. That no person shall be eligible to the oflBce of 
 chief justice or of associate judge of the municipal court unless
 
 APPENDIX. 661 
 
 he shall be at least thirty years of age and a citizen of the 
 United States, nor unless he shall have resided in the county of 
 Cook and been there engaged, either in active practice as an 
 attorney and counsellor at law or in the discharge of the duties 
 of a judicial office, five years next preceding his election, or in 
 one of said occupations during a portion of said time and in 
 the other the remaining portion thereof, and shall, at the time 
 of his election, be a resident of the city of Chicago. Nor shall 
 any person be eligible to the office of chief justice or associate 
 judge of the municipal court who shall have contributed or ex- 
 pended directly or indirectly, or who shall have agreed to con- 
 tribute or expend, directly or indirectly, any money or property 
 whatever for the purpose of furthering either his nomination as 
 a candidate for said office or his election thereto, or the nomi- 
 nation or election of any other candidate for office at such elec- 
 tion. 
 
 NOTE. 
 
 This is the same as section 10 of the original act, with the 
 exception that there is added thereto the provision against con- 
 tributions for nomination or election purposes. This provision 
 was in the act as originally drafted and introduced into the Gen- 
 eral Assembly and as passed by the House, but was stricken out 
 by the Senate. 
 
 SECTION 9. 
 
 Section 9. That every chief justice and associate judge of 
 such municipal court, before he enters upon the duties of his 
 office, shall take and subscribe the following oath or affirmation : 
 
 I do solemnly swear (or affirm, as the case may be) that I will 
 support the Constitution of the United States and the Constitu- 
 tion of the State of Illinois, and that I will faithfully discharge 
 the duties of the office of chief justice (or associate judge) of 
 the municipal court of Chicago according to the best of my 
 ability. 
 
 Said oath shall be filed in the office of the Secretary of State. 
 
 NOTE. 
 
 This section is the same as section 11 of the original act.
 
 662 PRACTICE IN THE MUNICIPAL COURT. 
 
 SECTION 10. 
 
 Section 10. That wheiK'vcr two-thirds in rmniber of the 
 ,jadg:es of the niunieipal court shall transmit to the city council 
 of the city of Chicago a certificate signed by them that in the 
 opinion of said judges the business of said municipal court is 
 such as to require an increase in the number of the associate 
 judges of said municipal court, said city council may, by ordi- 
 nance or ordinances, provide for an increase of not more than 
 nine in the number of said judges, who shall be elected, one- 
 third for two years, one-third for four years and one-third for 
 six years, at the next ensuing general election. The judges 
 elected in accordance with such ordinance or ordinances shall 
 hold their offices for the said respective periods for which they 
 shall have been elected and until their successors shall be elected 
 and qualified, and every two years thereafter their respective 
 successors shall be elected for the full term of six years. But 
 after the number of associate judges has been increased to thirty- 
 six (36) no subsequent increase thereof shall be made by the 
 city council. 
 
 NOTE. 
 
 This section is the same as section 12 of the original act. 
 
 SECTION 11. 
 
 Section 11. That the judges of said municipal court may 
 interchange with judges of other city courts and with county 
 judges, and said respective judges may hold court for each other 
 and perform each other's duties when they find it necessary or 
 convenient, and any judge of a circuit court, or of the superior 
 court of Cook county, may, at the request of tlie chief justice of 
 the municipal court, hold a branch of said municipal court and 
 exercise all the powers and perform all of the duties of a judge 
 thereof. 
 
 note. 
 
 This section is the same as section 13 of the original act with 
 the addition of the provision that "any judge of the circuit 
 court or of the superior court of Cook county may, at the request 
 of the chief justice of the municipal court, hold a branch of 
 said municipal court and exercise all the powers and perform 
 all the duties of a judge thereof." The original act as intro-
 
 APPENDIX. ti63 
 
 duced into the General Assembly, and as passed by the House, 
 provided that the municipal court judges might interchange 
 Avith judges of the circuit and superior courts and with judges 
 of other city courts. This provision was stricken out in the 
 Senate in consequence of the attacks made ui^on the act by the 
 lawyers who framed House Bill 281, with the address prefixed 
 thereto, given in this appendix. It was with some difficulty that 
 the consent of the Senate was obtained to the provision for the 
 interchange with judges of other city courts and with county 
 judges. It seems desirable that to meet contingencies which may 
 arise there should be an ample judicial force to draw upon to 
 transact the business of the court, and it is desirable that the 
 judges called in for that purpose should be capable and high- 
 elass men. Such, indeed, are many of the county judges and 
 judges of the city courts, but the number may not prove suffi- 
 cient for the purpose. The change does not authorize judges of 
 the municipal court to hold a circuit court or superior court or 
 -criminal court, and hence should not meet with opposition. 
 
 SECTION 12. 
 
 Section 12. That there shall be a clerk of said municipal 
 <;ourt whose term of office shall be six years and until his suc- 
 cessor shall be elected and qualified and who shall be elected on 
 the first Tuesday after the first Monday of November, A. D. 
 1906, and every six years thereafter. Pie shall perform with 
 respect to said municipal court the duties usually performed 
 by clerks of courts of record. He shall give his personal atten- 
 tion to the ijcrformance of the duties of his office. He shall main- 
 tain an office in each district, and each office shall be kept open 
 for the transaction of business from eight o'clock a, m. to six 
 o'clock p. M. of each working day during the year, and during 
 such other hours as the chief justice of the municipal court may 
 direct. Until otherwise provided by the rules which may be 
 adopted under the provisions of this act the powers, duties and 
 liabilities, the oath of office and the bond and conditions thereof, 
 of such clerk shall be the same, as near as may be, as those pre- 
 scribed by law for clerks of courts by the act entitled "An act 
 to revise the law in relation to clerks of courts" approved March 
 25, 1874, and in force July 1, 1874. His salary shall be five 
 thousand dollars ($5,000) per annum and shall be paid in
 
 664 PRACTICE IN THE MUNICIPAL COURT. 
 
 monthly installments out of the city treasury. He shall be com- 
 missioned by the governor. In case of the absence of the clerk, 
 or of his inability to act in any case pending in said court by 
 reason of his interest in said case or otherwise, the chief justice 
 of the municipal court may designate any deputy clerk to act 
 as clerk pro tern until such absence or inability ceases. 
 
 NOTE. 
 
 This is the same as section 14 of the original act, with the fol- 
 lowing changes : 
 
 First: To the provision that the clerk's office in each district 
 shall be kept open from 8 a. m. to 6 p, m. of each working day 
 there is added a further provision that they may be kept open 
 such other hours as the chief justice may direct. 
 
 Second: There is added a provision that in case of the absence 
 of the clerk or his inability to act in any case pending in the 
 court by reason of his interest in the ease or otherwise, the chief 
 justice may designate any deputy clerk to act as clerk pro tern 
 until such absence or inability ceases. 
 
 SECTION 13. 
 
 Section 13. That said clerk shall appoint such number of 
 deputies as may be determined, from time to time, by a majority 
 of the judges of the municipal court by orders signed by them 
 and spread upon the records of said court. The salaries of deputy 
 clerks shall be fixed, from time to time, by orders signed by a 
 majority of the judges of the municipal court and spread upon 
 the records of the court, and shall be payable out of the city 
 treasury in monthly installments, provided, however, that the 
 salary of the chief deputy clerk shall not exceed two thousand 
 five hundred dollars ($2,500) per annum, and that the salary 
 of no other deputy clerk shall exceed eighteen hundred dollars 
 ($1,800) per annum, unless the city council shall, by ordi- 
 nance, so provide. Such number of deputy clerks so appointed 
 as the judges may deem necessary shall be competent shorthand 
 reporters, capable of correctly taking down stenographically and 
 transcribing the proceedings of courts, and shall perform such 
 duties with respect to attending upon and taking down steno- 
 graphic reports of the proceedings of said court as may be 
 required by the judges, and for making and furnishing tran-
 
 ^VPPENDIX. 665 
 
 scripts of their stenographic reports aforesaid said deputy clerks 
 shall be allowed to make such reasonable charge, not exceeding 
 fifteen cents per one hundred words, to the parties to whom such 
 transcripts are furnished, as may be determined by the judges, 
 and the judges may allow said deputy clerks to retain, as addi- 
 tional compensation for their services, such proportion as the 
 judges may deem reasonable of the charges so collected, the 
 balance of such charges to be accounted for by such deputy 
 clerks in the same manner as costs collected by them. Such 
 deputy clerks shall take the same oath or affirmation required 
 of the clerk of said municipal court and shall give bonds to be 
 approved by the chief justice of said court, conditioned, as near 
 as may be, like the bond required of the clerk. Any deputy 
 clerk shall be subject to removal at any time by an order signed 
 by a majority of the judges of the municipal court and spread 
 upon the records of said court. The number of deputy clerks 
 may be reduced at any time by an order signed by a majority 
 of the judges of said municipal court and spread upon the rec- 
 ords of said court. 
 
 NOTE. 
 
 This section is the same as section 15 of the original act with 
 the following changes: 
 
 First: To the provision limiting the salaries of deputy clerks 
 as they may be fixed by the judges there is added a provision 
 which enables the judges to fix higher salaries with the approval 
 of the city council. It may be found expedient to employ, in 
 the capacity of assistants to the chief justice, a better class of 
 deputy clerks than can be obtained if the salaries are limited 
 to $1,800, and the city council should be permitted to authorize 
 this, whenever, in its judgment, it is necessaiy. 
 
 Second: The provision that the judges may allow the deputy 
 clerks who are shorthand reporters to make a charge of not 
 exceeding 15 cents per 100 words for transcripts, and retain 
 one-half of the charges so collected, is changed so as to author- 
 ize the judges to allow them to retain such proportion of the 
 charges as the judges may deem reasonable, for the salaries 
 authorized by the act, and an allowance of only one-haif of the 
 transcript fees, may not be sufficient to secure as efficient and 
 capable shorthand reporters as may be desirable, and the judges 
 should be authorized to exercise their judgment in this respect.
 
 t!66 PRACTICE IN THE MUNICIPAL COURT. 
 
 Third: There is omitted from the section the provision that 
 deputy clerks render assistance to parties, as this is otherwise 
 provided for by section 59, post. 
 
 SECTION 14. 
 
 Section 14. That there shall be a bailiff of said municipal 
 court whose term of office shall be six years (6) and until his 
 successor shall be elected and qualified and who shall be elected 
 on the first Tuesday after the first Monday of November, A. D. 
 1906, and every six years thereafter. He shall perform with 
 respect to said municipal court the duties usually performed by 
 sheriffs in respect to attendance upon, and service and execution 
 of the process, and obedience of the lawful orders and directions 
 of, a circuit court. He shall give his personal attention to the 
 performance of the duties of his office. He shall maintain an 
 office in each district and each office shall be kept open in each 
 district for the transaction of business from eight o'clock a. m. 
 to six o'clock p. M. of each working day during the year, and 
 during such other hours as the chief justice of the municipal 
 court may direct. Until otherwise provided by the rules which 
 may be adopted under the provisions of this act the powers, 
 duties and liabilities, the oath of office, and the bond and condi- 
 tions thereof, of such bailiff shall be the same, as near as may 
 be, as those prescribed by law for sheriffs with respect to attend- 
 ance upon, and service and execution of the process, and obedi- 
 ence of the lawful orders and directions of, a circuit court. His 
 salary shall be five thousand dollars ($5,000) per annum and 
 shall be paid in monthly installments out of the city treasury. 
 He shall be commissioned by the governor. In case of the 
 absence of the bailiff, or of his inability to act in any case pend- 
 ing in said court by reason of his intei-est in said case or other- 
 wise, the chief justice of the municipal court may designate any 
 deputy bailiff to act as bailiff' p/'o tcm until such absence or 
 inability to act ceases. It shall be unnecessary to serve any 
 process of siunmons upon the bailiff' in any suit against him 
 commenced in the municipal court. In lieu of the service of 
 such process the clerk shall notify the bailiff' of the commence- 
 ment of such suit and the bailiff' shall thereupon enter his appear- 
 ance therein, such entry of appearance to be made without any 
 advance payment of costs.
 
 APPENDIX. 667 
 
 NOTE. 
 
 This section is the same as section 16 of the original act with 
 the following changes : 
 
 First: The clause requiring the bailiff's office in each district 
 to be kept open from 8 o'clock a. m. to 6 o'clock p. m. of each 
 working day has added thereto the further provision that it 
 shall be kept open during such other hours as the chief justice 
 may direct. 
 
 Second: There is added the provision that in case of the 
 absence of the bailiff or his inability to act in any case pending 
 in the court, by reason of his interest in the case or otherwise, the 
 chief justice may designate any deputy bailiff' to act as bailiff' 
 pro tern until such absence or inability to act ceases. 
 
 Third: A provision is made that it shall be unnecessary to 
 serve any process upon the bailiff' in any suit coimnenced against 
 him in the municipal court. When a suit is commenced he is to 
 be notified by the clerk and is to be required to enter his appear- 
 ance. 
 
 SECTION 15. 
 
 Section 15. That said bailiff' shall appoint such number of 
 deputies as may be determined, from time to time, by a majority 
 of judges of the municipal court by orders signed by them and 
 spread upon the records of said court. The salaries of deputy 
 bailiffs shall be fixed, from time to time, by orders signed by a 
 majority of the judges of the municipal court and spread upon 
 the records of the court and shall be payable out of the city treas- 
 ury in montlily installments : Provided, however, that the salary 
 of the chief deputy bailiff' shall not exceed two thousand five 
 hundred dollars ($2,500) per annum, and that the salary of no 
 other deputy bailiff' shall exceed fifteen hundred dollars ($1,500) 
 per annum, unless the city council shall, by ordinance, so pro- 
 vide. Such deputy bailiffs shall take the same oath or affirma- 
 tion required of the bailiff of said municipal court and shall 
 give bonds to be approved by the chief justice of said court condi- 
 tioned, as near as may be, like the bond required of the bailiff'. 
 The bailiff and deputy bailiffs of the municipal court shall be 
 ex officio police officers of the city of Chicago. Any deputy 
 bailiff' shall be subject to removal at any time by an order signed 
 by a majority of the judges of the municipal court and spread
 
 668 PRACTICE IN THE MUNICIPAL COURT. 
 
 upon the records of said court. The number of deputy bailiffs 
 may be reduced at any time by an order signed by a majority 
 of the judges of said municipal court and spread upon the rec- 
 ords of said court. Every police officer of the city of Chicago 
 shall be ex officio a deputy bailiff of the municipal court, and 
 shall perform, from time to time, such duties in respect to cases 
 within the jurisdiction of said court, as may be required of him 
 by said court or any judge thereof. 
 
 NOTE. 
 
 This section is the same as section 17 of the original act with 
 the following changes: 
 
 First: The provision by which the power of the judges in fix- 
 ing the salaries of deputy bailiffs is limited to $1,500, is changed 
 so as to empower the city council, by ordinance, to authorize 
 higher salaries. 
 
 Second: The provision regulating the duties of police oflBcers 
 is so changed as to authorize them to be called upon to perform 
 such duties in cases within the jurisdiction of the court as may 
 be required of them by the court. Ordinarily police officers 
 would not be called upon to perform duties in any other than 
 criminal or quasi criminal cases, but occasions might arise when 
 there was a sudden demand for the service of process in a large 
 number of suits, and when it might be expedient to eaU upon the 
 police department for temporary assistance. This would be 
 preferable to making it necessary for the court to have a larger 
 niunber of bailiffs than the business of the court, on all ordinary 
 occasions, would require. 
 
 SECTION 16. 
 
 Section 16. That neither the clerk nor the bailiff nor any 
 deputy clerk or deputy bailiff of said municipal court shall re- 
 ceive, aside from the salary and the costs by this act required to 
 be paid to him in his official capacity, any money, property, or 
 other valuable thing, as a gratuity or otherwise, for the perfonn- 
 ance of any duty imposed upon him by virtue of his office, or 
 for the performance of any work of any kind or character in 
 any manner connected therewith. It shall be the duty of the 
 judges of said municipal court to remove from office any deputy 
 clerk or deputy bailiff who shall violate either of the provisions
 
 APPENDIX 669 
 
 of this section. No clerk or bailiff, or deputy clerk or deputy 
 l)ailiff, of the municipal court shall be appointed receiver or 
 guardian ad litem in any suit therein pending. 
 
 NOTE. 
 
 This section is the same as section 18 of the original act. 
 SECTION 17. 
 
 Section 17. That until otherwise determined in the manner 
 hereinafter provided, and except as by this act is otherwise pre- 
 scribed, the practice in the municipal court shall be the same, as 
 near as may be, as that which is now prescribed by law for simi- 
 lar suits or proceedings in circuit courts. Said municipal court 
 shall be the sole judge of the applicability to the proceedings of 
 said court of the rules of practice prescribed by law for similar 
 cases in the circuit courts and its decisions in respect thereto 
 shall not be subject to review upon appeal or writ of error; 
 Provided, Jioivever, that upon appeal or writ of error the supreme 
 court, or the appellate court, as the case may be, may grant relief 
 from any such decision in any case where, in the opinion of the 
 supreme court or appellate court, such relief is necessary to pre- 
 vent a failure of justice. 
 
 NOTE. 
 
 This section is the same as section 19 of the original act with 
 the following words stricken out: "excepting that in cases of 
 the fourth class and cases of the fifth class mentioned in section 
 two (2) of this act, the issues shall be determined without other 
 forms of written pleadings than those hereinafter expressly pre- 
 scribed or provided for. ' ' These words are surplusage. 
 
 SECTION 18. 
 
 Section 18. That the judges of said municipal court shall 
 have power to adopt, in addition to or in lieu of the provisions 
 herein contained prescribing the practice in said municipal court 
 or of any portion or portions of said provisions, such rules reg- 
 ulating the practice in said court as they may deem necessary or 
 expedient for the proper administration of justice therein. The 
 adoption of said rules shall be accomplished by an order signed 
 by a majority of said judges, which order, when made, shall be 
 forthwith spread upon the records of the municipal court and 
 
 i
 
 670 PRACTICE IN TUE MUNICIPAJ. COUKT. 
 
 shall be printed in pamphlet form at the expense of the city: 
 Provided, however, that no such rule or rules inconsistent with 
 those expressly provided for by this act, shall become effective 
 and be in force until after the lapse of thirty (30) days from 
 the approval thereof by the supreme court. Application to the 
 supreme court for such approval may be made by the chief 
 justice of the municipal court, after notice of such application 
 shall have been published once each week, for three consecutive 
 weeks, in some newspaper of general circulation published in 
 the city of Chicago, specifying the time at Avhicli such applica- 
 tion shall be made. Upon such application the supreme court 
 shall review the said rule or rules so adopted and may either 
 confirm the order adopting the same or may modify or set aside 
 the same, and the supreme court may, in its discretion, substi- 
 tute for the rule or rules so adopted by said judges of said 
 municipal court or for any portion thereof, such other rules as 
 the supreme court may deem proper, and may, in its discretion, 
 of its own motion or otherwise, make any order respecting the 
 rules of said municipal court which it may deem proper. The 
 supreme court and appellate courts in cases brought to them 
 from the municipal court by appeal or writ of error shall take 
 judicial notice of the rules of practice from time to time in 
 force in said municipal court. 
 
 NOTE. 
 
 This section is the same as section 20 of the original act, with 
 the exception that the clause '' Provided, Jioivever, that no such 
 rule or rules so adopted shall be inconsistent with those expressly 
 provided for by this act, nor shall they become effective" is 
 changed so as to read, "Provided, however, that no rule or rules 
 inconsistent with those expressly provided by this act shall be- 
 come effective," etc. The judges, with the approval of the 
 supreme court, ought to have the power to make rules of practice 
 even though they be inconsistent with those provided for by the 
 act. This was the view taken both by the House and by the 
 Senate. The opposite view was only given effect in the Confer- 
 ence Committee, at the instigation of one of the members thereof 
 who had opposed the passage of the act.
 
 APPENDIX. 671 
 
 SECTION 19. 
 
 Section 19. That there shall be no stated terms of the munici- 
 pal court, but said court shall be always open for the transac- 
 tion of business. Every judgment, order or decree of said court 
 linal in its nature, shall be subject to be vacated, set aside or 
 modified in the same manner and to the same extent as a judg- 
 ment, order or decree of a circuit court during the term at which 
 the same was rendered in such circuit court, provided a motion 
 to vacate, set aside or modify the same be entered in said munici- 
 pal court within sixty days after the entry of such judgment, 
 order or decree. If no motion to vacate, set aside or modify any 
 such judgment, order or decree shall be entered within sixty 
 days after the entry of such judgment, order or decree, the same 
 shall not be vacated, set aside or modified excepting upon appeal 
 or writ of error, or by a bill in equity, or by a petition to said 
 municipal court setting forth grounds for vacating, setting aside 
 or modifying the same, which would be sufficient to cause the 
 same to be vacated, set aside or modified by a bill in equity; 
 provided, however, that all errors in fact in the proceedings in 
 such case, which might have been corrected at common law by 
 the writ of error coram nohis may be corrected by motion, or 
 the judgment may be set aside, in the manner provided by law 
 for similar cases in the circuit courts ; and, provided, .further, 
 that the municipal court may, at any time within six months 
 after the entry of any final order, judgment or decree, cause the 
 record thereof to be amended so as to conform to the truth as 
 it may be made to appear to the court by any evidence, which 
 would be competent for that purpose in a like proceeding in a 
 circuit court during the term at which the final order, judgment 
 or decree was entered. 
 
 NOTE. 
 
 This section is the same as section 21 of the original act, with 
 the following changes: 
 
 First: Provision is made that the court may vacate, set aside 
 or modify a judgment, order or decree provided a motion for 
 that purpose is entered within 60 days after the entry of judg- 
 ment. 
 
 Second: Provision is also made that after the lapse of 60 
 
 I
 
 G72 PRACTICE IN THE MUNICIPAL COURT. 
 
 days a judgnnent, order or decree may be vacated, set aside or 
 modified by the court upon a petition for that purpose setting 
 forth grounds for vacating, setting aside, or modifying the 
 same which would be sufficient to cause the same to be vacated, 
 set aside, or modified by a bill in equity. The purpose of this 
 is to render it unnecessary for a party to apply to any other 
 court to do that which the municipal court itself ought to be 
 able to do. 
 
 Third: A provision is added that the court may, at any time 
 within six months after the entry of any final order, judgment 
 or decree, cause the record to be amended so as to conform to 
 the truth as it may be made to appear to the court by any evi- 
 dence which would be competent for that purpose in a like pro- 
 ceeding in a circuit court, during the term at which the final 
 order, judgment or decree was entered. 
 
 SECTION 20. 
 
 Section 20. That the final orders, judgments and decrees of 
 the municipal court in cases of the first class, cases of the second 
 class and cases of the third class mentioned in section two (2) of 
 this act, and in bastardy cases, may be reviewed upon error or 
 appeal, by the supreme court in all criminal cases above the 
 grade of misdemeanors, cases in which a franchise or freehold, 
 or the validity of a statute or construction of the constitution is 
 involved, and in all cases relating to the revenue or in which the 
 state is interested as a party or otherwise, and by the appellate 
 court in all other cases. The practice in cases of appeals from 
 or writs of error to said municipal court in said cases shall, ex- 
 cept as in this act, or by rules of said court adopted in pursu- 
 ance hereof, may be otherwise provided, be the same, as near as 
 may be, as the practice in cases of appeals from and writs of 
 error to circuit courts in similar cases: Provided, however, that 
 upon the suing out of any writ of error in any criminal case and 
 the filing of the same in the municipal court, the municipal court 
 may, in its discretion, admit any defendant to bail pending the 
 determination of such writ of error. But no appeal shall be 
 allowed in any case unless the same be prayed for within twenty 
 days after the entry of the order, judgment or decree appealed 
 from, and no assignment of error in the supreme court or in the
 
 APPENDIX. 673 
 
 appellate court in any such case shall be allowed which shall call 
 in question the decision of the municipal court in respect to any 
 matter pertaining to the practice in said court : Provided, how- 
 ever, that the supreme court or the appellate court, as the case 
 may be, may grant relief from any error of the municipal court 
 in respect to a matter of practice therein in any case where, in 
 the opinion of the supreme court or appellate court, such relief 
 is necessary to prevent a failure of justice. 
 
 NOTE. 
 
 This section is the same as section 22 of the original act, with 
 the following changes: 
 
 First: To the cases mentioned in it are added bastardy cases. 
 
 Second: A provision is made that upon the suing out of any 
 "writ of error in any criminal case and the filing of the same in 
 the municipal court, the municipal court may, in its discretion, 
 admit any defendant to bail pending the determination of such 
 writ of error. Under the law as it now exists, in the case of a 
 misdemeanor a defendant who wishes to prosecute a writ of 
 error may be compelled to go to jail, or at least be placed in the 
 custody of an officer, while his attorney is settling a bill of ex- 
 ceptions, procuring a transcript of the record, and making an 
 application to the appellate court for a supersedeas. This is un- 
 just. In any such case a writ of error can be obtained from the 
 appellate court and filed in the municipal court within thirty 
 minutes, and it should then be possible for the court to admit the 
 party to bail, and settle the bill of exceptions afterwards. 
 
 SECTION 21. 
 
 Section 21. That the final orders and judgments of the muni- 
 cipal court in cases of the fourth class and cases of the fifth 
 class mentioned in section two (2) of this act, shall be revievred 
 by writ of error only. Such writ of error shall be sued out of 
 the supreme court in all cases in which a franchise, a free-hold 
 or the validity of a statute or the construction of the constitu- 
 tion is involved, and out of the appellate court in all other cases. 
 The time within which a writ of error may be sued out in any 
 such case shall be limited to thirty days after the entry of the 
 final order or judgment complained of. The manner of prosecut- 
 ing such writ of error shall be as follows: 
 43
 
 674 PRACTICE IX THE MUNICIPAL COURT. 
 
 First: Any party to any such case against whom there has been 
 rendered any final order or judgment of the municipal court and 
 who shall desire to obtain a review of such final order or judg- 
 ment by a writ of error may, upon suing out of the supreme 
 court, or appellate court, as the case may be, a writ of error in 
 such case and filing the same in the municipal court, obtain from 
 the municipal court a stay of execution upon such order or judg- 
 ment for ninety (90) days after the entry thereof by the giving 
 of a bond with a sufficient surety or sureties to be approved by a 
 judge of the municipal court conditioned for the due prosecution 
 of such writ of error and otherwise, as near as may be, as an 
 appeal bond in case of an appeal from a similar order or judg- 
 ment of a circuit court is required to be conditioned. 
 
 Second: No other or further stay of proceedings or execution 
 in any such case shall be allowed by the municipal court, but the 
 supreme court or the appellate court, or any judge thereof, may 
 allow a supersedeas as in other eases, but upon the allowance of 
 any supersedeas, when any bond has been given as above pro- 
 vided, no additional bond shall be required, and such supersedeas 
 shall be operative until the final determination of such writ of 
 error. 
 
 Third: If, upon application to the supreme court or appellate 
 court, or to any judge thereof, for a supersedeas the same shall 
 be denied, such order or judgment shall stand affirmed, and no 
 further proceedings shall be had in said supreme court or appel- 
 late court with respect thereto unless the supreme court or appel- 
 late court, or the judge denying such supersedeas shall other- 
 wise order. 
 
 Fourth: The party in whose favor any final order or judg- 
 ment has been entered shall be entitled to sue out a writ of error 
 from the supreme court or the appellate court, as the case may 
 be, by depositing with the clerk of the court from which said 
 writ of error is sued out the sum of twenty dollars ($20) as 
 security to the opposite party for such costs as may be awarded 
 such opposite party by the supreme court or the appellate court, 
 as the case may be, upon the final determination of such writ of 
 error. 
 
 Fifth: The party suing out any -uTit of error shall not be- 
 required to serve upon the opposite pai'ty any scire facias to hear
 
 APPENDIX. 675 
 
 errors, but in lieu thereof shall, within five days after the 
 issuance of the writ of error, file the same with the clerk of the 
 municipal court, and make to the supreme court or the ap- 
 pellate court, as the case may be, proof of such filing, and such 
 writ of error so filed shall be notice to the opposite party of the 
 suing out and prosecution of such writ of error. 
 
 Sixth: Upon application made at any time within thirty (30) 
 days after the entry of any final order or judgment, or within 
 such further time as may, upon application therefor within said 
 thirty days, be allowed by the court, it shall be the duty of the 
 judge by whom such final order or judgment was entered, to 
 sign and place on file in the case in which the same was entered, 
 if so requested by either of the parties to the suit, either a correct 
 statement, to be prepared by the party requesting the signing 
 of the same, of the facts appearing upon the trial thereof, and 
 of all questions of law involved in such case, and the decisions 
 of the court upon such questions of law, or, if such party^ shall 
 so elect, a correct stenographic report of the proceedings at the 
 trial, and of such other proceedings in the case as such party 
 may desire to have reviewed by the supreme court or the ap- 
 pellate court, omitting therefrom, with the approval of the judge, 
 so much of the arguments of counsel and of the other proceed- 
 ings, other than the evidence and the rulings of the court with 
 respect thereto and the charge of the court, as the judge may 
 deem unnecessary for the presentation to the supreme court or 
 the appellate court of the merits of the case; Provided, Jiowever, 
 that the opposite party may, if he so elect, cause the parts so 
 omitted to lie signed by the judge as an additional report, and 
 cause the same to be certified by the clerk and filed in the 
 supreme court or appellate court as the case may be, as a part of 
 the record to be considered upon such writ of error. The expense 
 of procuring such report, or additional report, shall be paid in 
 the first instance by the party procuring the same and shall be 
 taxed as a part of the costs in the supreme court or appellate 
 court, as the case may be. Such statement, or such original re- 
 port and additional report, if there be such original or addi- 
 tional report, together with a certified copy of the abbreviated 
 form of record, and such other papers as may be specified by the 
 judge, if any, shall be certified to the supreme court or appellate
 
 676 PRACTICE IN THE MUNICIPAL COURT. 
 
 court, as the case may be, as the record to be considered upon 
 the review of such order or judgment by writ of error. 
 
 Seventh: No order or judgment so sought to be reviewed 
 shall be reversed unless the supreme court or appellate court, as 
 the case may be, shall be satisfied from said statement or steno- 
 graphic report, or reports, signed by said judge that such order 
 or judgment is contrary to the law and the evidence, or that such 
 order or judgment resulted from substantial errors of said mu- 
 nicipal court directly affecting the matters at issue between the 
 parties, in which last mentioned case the supreme court or 
 appellate court, as the case may be, may enter such order or 
 judgment as, in its opinion the municipal court ought to have 
 entered, or it may reverse the said order or judgment and re- 
 mand the case to the municipal court for further proceedings. 
 
 Eighth: No assignment of error in the supreme court or in 
 the appellate court in any such case shall be allowed which shall 
 call in question the decision of such municipal coui't in respect 
 to any matter pertaining to the practice in such court, nor shall 
 any exceptions to the rulings and decisions of the mimicipal court 
 upon the trial, which appear to have been made against the ob- 
 jection of the party complaining thereof, be necessary to the 
 right of either party to a review of such rulings and decisions 
 in the supreme court or appellate court upon their merits, but it 
 shall be the duty of the supreme court or the appellate court, as 
 the case may be, to decide such case upon its merits as they 
 may appear from such statement or stenographic report or re- 
 ports signed by the judge : Provided, however, that the supreme 
 court or appellate court, as the case may be, may grant relief 
 from any error of the municipal court in respect to a matter of 
 practice therein in any case where, in the opinion of the supreme 
 court or the appellate court, such relief is necessary to prevent 
 a failure of justice. 
 
 NOTE. 
 
 This section is the same as section 23 of the original act, with 
 the following changes : 
 
 First: A provision is inserted requiring that a party who 
 wishes to obtain from the municipal court a stay of execution 
 must first sue out his writ of error and file it in the municipal 
 court and give a bond. The original act provided for the giving 
 of a bond without first suing out a writ of error.
 
 APPENDIX. 677 
 
 Second: Clause sixth is rewritten and substantially changed, 
 so as to allow the omission from the stenographic report of mat- 
 ters which both parties deem immaterial. 
 
 Third: Clause eighth is changed so that while exceptions are 
 unnecessary to the review of a ruling of the municipal court, it 
 raust appear that the ruling was made against the objection of 
 the party complaining of it. 
 
 SECTION 22. 
 
 Section 22. That in any case transferred to said municipal 
 court by the circuit or superior court of Cook county for trial 
 and disposition, said municipal court shall exercise the same 
 powers as the court from which said case has been transferred 
 might have exercised had said case not been so transferred. The 
 circuit court of Cook county, or the superior court of Cook 
 county, may, upon the application of either party for a change 
 of venue, and shall upon the request of both parties to any suit 
 at law or in equity pending therein, transfer said suit to the 
 municipal court for trial and disposition. The criminal court of 
 Cook county may, in its discretion, upon the request of the 
 state's attorney or of any defendant, or of its own motion, trans- 
 fer to the municipal court for trial and disposition any case 
 therein pending and shall have power to make all orders which 
 it may deem necessary to accomplish such transfer and secure 
 the attendance of the parties and witnesses upon said municipal 
 court until the final disposition of the case, and said municipal 
 court, when any criminal case shall have been so transferred to 
 it, shall exercise all the powers with respect to the trial and dis- 
 position of said case which the said criminal court of Cook county 
 might have exercised had said case not been so transferred. All 
 judgments of conviction in criminal cases in said municipal court 
 where the punishment inflicted is death or imprisonment, shall be 
 carried into execution in the same manner as is provided by law 
 for similar cases in said criminal court of Cook county. The 
 prosecution of all criminal cases in the municipal court shall be 
 conducted by or under the supervision of the state's attorney of 
 Cook county, but in any case in which the state's attorney is 
 disqualified from acting, or is unable to act, the court may ap- 
 point some attorney at law of Cook county to act as prosecuting 
 attorney in such case.
 
 678 PRACTICE IN THE MUNICIPAL COURT. 
 
 NOTE TO SECTION 22. 
 
 This is the same as section 24 of the original act with the fol- 
 lowing exceptions: 
 
 First: Provision is made that the criminal court of Cook 
 county may "of its own motion'" transfer to the municipal court, 
 for trial and disposition, any case pending therein. 
 
 Second: The clause "in all cases transferred as aforesaid to 
 said municipal court, the practice in respect to the trial and dis- 
 position thereof shall be the same as that prevailing in the re- 
 spective courts from which the same have been transferred, un- 
 less the parties shall consent that the trial and disposition thereof 
 .shall be governed by the rules of practice prevailing in said mu- 
 nicipal court in cases commenced therein," is stricken out. 
 
 SECTION 23. 
 
 Section 23. That every suit at law in the municipal court 
 other than a case of the second class, or a case of the third class, 
 or a case of the fifth class, mentioned in section two of this act, 
 shall be tried by the court without a jury unless the plaintiff, at 
 the time he commences his suit, or the defendant at the time he 
 enters his appearance, shall file with the clerk a demand in 
 writing of a trial by jury, which demand, however, may be with- 
 di'aAvn by the party filing the same at any time before the trial. 
 Every civil suit at law of the second class shall be tried by the 
 court without a jury unless the respective parties, or one of 
 them, shall, at the times of entering their or his appearance in 
 the municipal court, file with the clerk a demand in writing of a 
 trial by jury. In every criminal case in which the punishment 
 is by fine or imprisonment otherwise than in the penitentiary, 
 in every quasi criminal case of the second class and in every case 
 of the fifth class mentioned in section two (2) of this act, a trial 
 by jury shall be deemed waived unless the defendant shall ex- 
 pressly demand such trial, and when, in any such case, the de^ 
 fendant shall not expressly demand a trial by jury, such defen- 
 dant may be imprisoned for nonpaj^ment of the fine or of the 
 judgment therein, or otherwise in accordance with the provisions 
 of such judgment, in like manner as if he had waived a jury 
 trial by executing a formal waiver in ■s^Titing.
 
 APPENDIX. 679 
 
 NOTE. 
 
 This section is the same as section 30 of the original act, with 
 the following changes: 
 
 First: It provides that trial by jury in a quasi criminal case 
 need not be demanded at the time the suit is commenced or de- 
 fendant's appearance entered. 
 
 Second: It pro\ades that every civil suit at law of the second 
 class shall be tried without a jury unless a demand in writing is 
 filed. 
 
 Third: It provides that in criminal cases in which the punish- 
 ment is by fine or imprisonment otherwise than in the peniten- 
 tiary, and in every quasi criminal case, a trial by jury is to be 
 deemed waived unless the defendant expressly demands such 
 trial, and when it is not demanded, that the defendant may be 
 imprisoned for non-payment of the fine or the judgment therein, 
 or otherwise in accordance with the provisions of such judgment, 
 in like manner as if he had waived a jury trial by executing a 
 formal waiver in writing. 
 
 SECTION 24. 
 
 Section 24. That the petit jurors for the trial of cases in 
 said municipal court shall be provided by the jury commission- 
 ers of the county of Cook in the same manner and from the 
 same lists, as near as may be, as petit jurors are provided for 
 the circuit, superior and criminal courts of Cook county. The 
 names of the necessary number of petit jurors required from 
 time to time in said municipal court shall be furnished by said 
 jury commissioners upon demand to the clerk of the municipal 
 court and the venires for such jurors shall be directed to and 
 served by the sheriff of Cook county at the expense of said 
 county, and the fees of the said jurors shall be paid out of the 
 city treasury. The number of petit jurors to be summoned from 
 time to time shall be determined by the chief justice. It shall 
 be the duty of the chief justice of the municipal court to cause 
 to be interrogated all petit jurors summoned for service in the 
 municipal court, and to cause to be enquired into the qualifica- 
 tions of said jurors, and to reject from service as jurors all jier- 
 sons who do not appear to possess the qualifications required by 
 law, and to cause the summoning of persons competent to 
 serve as jurors. In all cases tried by a jury in the municipal
 
 6S0 PRACTICE IN THE MUNICIPAL COURT. 
 
 court each party shall be entitled to a challenge of the same num- 
 ber of jurors, without showing cause for such challenge, as are 
 allowed in similar cases in the circuit court and in the criminal 
 court of Cook county, and challenges for statutory and other 
 causes shall be allowed as in similar cases in the circuit court 
 and in said criminal court of Cook county. It shall be the duty 
 of the judge presiding at the trial to examine or cause to be ex- 
 amined, all jurors called into the jury box in any case with re- 
 spect to their statutory qualifications to serve as petit jurors in 
 such cases, unless said examination shall have been previously 
 made as provided in the preceding clause hereof, and to permit 
 the plaintiff and the defendant to propound to the jurors such 
 pertinent questions as may be necessary for the purpose of ascer- 
 taining whether the jurors are biased or prejudiced; but upon 
 appeal or writ of error to review any judgment of said municipal 
 court in any case tried therein by a jury, no assignment of errors 
 shall be allowed which shall call in question any ruling of the 
 court pertaining to or connected with the impaneling of the 
 jury, other than one improperly restricting the right of a party 
 to examine the jurors as to bias or prejudice, or improperly over- 
 ruling a challenge by a party of a juror for bias or prejudice. 
 
 NOTE. 
 
 This is the same as sections 25, 26 and 31 of the original act 
 with the following changes : 
 
 First: It provides that the presiding judge is only to be re- 
 quired to examine the jurors as to their statutory qualifications 
 when they have not been previously examined by or under the 
 direction of the chief justice. 
 
 Second: It provides that the ruling which may be reviewed 
 by the supreme court is one improperly restricting the right of 
 the party (instead of the defendant) to examine jurors as to 
 bias or prejudice or improperly overruling a challenge by a 
 party (instead of the defendant) of a juror for bias or prejudice. 
 
 SECTION 25. 
 
 Section 25. That all criminal cases in the municipal court in 
 which the punislmient is by fine or imprisonment otherwise than 
 in the penitentiary, may be prosecuted by information of the 
 attorney general or state's attorney, or some other person, and 
 when an information is presented by any person other than the
 
 APPENDIX. 681 
 
 attorney general or state's attorney, it shall be verified by affi- 
 davit of such person that the same is true, or that the same is 
 true as he is informed and believes. Before an information is 
 filed by any person other than the attorney general or state's 
 attorney, one of the judges of the municipal court shall examine 
 the information and may examine the person presenting the same 
 and require other evidence and satisfy himself that there is 
 probable cause for filing the same and so endorse the same. 
 Every information shall set forth the offense with reasonable 
 certainty, substantially as required in an indictment, and the 
 proceedings thereon shall be the same, as near as may be, as 
 upon indictment in the criminal court of Cook county, except- 
 ing as is by this act otherwise provided. But criminal cases 
 in which the punislmient is by fine only may, in the discretion 
 of the court, be prosecuted by complaint as is provided by law 
 for the prosecution of criminal cases before justices of the 
 peace. Any person committed for a criminal or supposed crim- 
 inal offense and not admitted to bail and not tried within four 
 months after the date of arrest shall be set at liberty by the 
 court, unless the delay shall happen on the application of the 
 prisoner or unless the court is satisfied that due exertion has 
 been made to procure the evidence on the part of the people 
 and that there is reasonable grounds to believe that such evi- 
 dence may be procured within the next sixty days, in which 
 case the court may continue the case for such time as the court 
 may deem necessary, not exceeding said sixty days: Provided, 
 however, that if said person be not tried within said sixty days 
 no further continuance shall be granted and said person shall 
 be set at liberty by the court. 
 
 NOTE. 
 
 This is section 27 of the original act, so changed that any 
 criminal case in which the punishment is by fine only may be 
 prosecuted by complaint, instead of limiting cases which may 
 be prosecuted by complaint to those where the fine does not 
 exceed $500. 
 
 SECTION 26. 
 
 Section 26. That, until otherwise provided by the rules of 
 the municipal court, cases of the first class mentioned in section 
 two (2) of this act shall be commenced and prosecuted in said 
 municipal court in the same manner in which similar suits
 
 682 PRACTICE IN THE MUNIClPzVL COURT. 
 
 and proceedings are required to be commenced and prosecuted 
 in the circuit courts, except as is herein otherwise prescribed, 
 and excepting also in the following particidars : 
 
 First: The summons, when the first process is a summons, 
 or the writ, when the first process is a writ, shall be directed to 
 the bailiff to execute and shall be returnable upon some Mon- 
 day at least five days, and not more than twenty days, after 
 the date thereof. 
 
 Second: Service of such summons or ^vi'it shall be made by 
 delivering a copy thereof to the defendant, if an individual, 
 and informing him of the contents thereof, but if any defendant 
 be a corporation, the service shall be made in the manner pro- 
 vided by law for similar cases in the circuit courts. 
 
 Third: Notice to the defendant by publication may be given 
 under like circumstances and in the same manner as is provided 
 by law for similar cases in the circuit courts, but the notice 
 published, in lieu of stating the time of the return of the sum- 
 mons or writ, shall state the date on or before which the de- 
 fendant is required to appear, which date shall be some Mon- 
 day not less than forty nor more than sixty days after the date 
 of the first publication of notice, as the plaintifi: may require. 
 
 Fourth: No such suit shall be commenced in the municipal 
 court unless the defendant, if there be but one defendant, re- 
 sides or is foimd within the city of Chicago, or if the defend- 
 ant be a corporation, unless its principal office is within said 
 city; but if the defendant be a corporation not having a prin- 
 cipal office in the city of Chicago, such suit may be brought 
 in the mimicipal court wherever service of process may be 
 had within the city upon any officer, agent or employe of such 
 corporation upon whom service of process might be had if is- 
 sued in a suit commenced in the circuit court. 
 
 Fifth: The provisions of paragraph fourth above shall not 
 applj' to attaclnnent suits, replevin suits or cases of distress for 
 rent brought against non-residents of this state, which suits 
 may be brought in the municipal court when any property of 
 the defendant is levied upon, or distrained, or any garnishee 
 resides or is found within the city of Chicago, or, if the suit 
 be a replevin suit, when the property sued for is replevied 
 within the citv of Chicago.
 
 APPENDIX. 683 
 
 Sixth: When there are several defendants, one of whom 
 resides or is found in the city of Chicago, a summons or writ 
 may be issued to the sheriff of Cook county for any defendant 
 residing in said county, but outside of the city of Chicago, or 
 to the sheriff of any other county for any defendant residing 
 in such county, and service of any summons or writ so issued 
 shall be made in the same manner as herein required in the case 
 of a summons or writ directed to the bailiff: Provided, however, 
 that no judgment shall, in any such case, be rendered against 
 any defendant served with process outside of the city of Chi- 
 cago unless judgment be also rendered against a defendant 
 served within said city of Chicago. 
 
 Seventh: The plaintiff shall file his declaration within three 
 days after the commencement of the suit, in default whereof 
 the suit shall be dismissed unless the court by an order entered 
 in said suit shall extend the time for filing such declaration. 
 
 Eighth: The defendant shall, in case he shall have been 
 served with process of summons, or with the writ, three days 
 or more prior to the return day thereof, demur or plead to the 
 declaration or the complaint on or before the Monday succeed- 
 ing such return day; but in case the summons or writ shall 
 have been served less than three days prior to the return day 
 the defendant shall not be required to plead to the declaration 
 or complaint until on or before the second Monday after such 
 return day. In case the time for filing the declaration or com- 
 plaint shall be extended by the court, the time for the defend- 
 ant to demur or plead to the same shall be extended until the 
 second Monday succeeding the expiration of such extension of 
 time. The time within which the defendant is required to demur 
 or plead may be extended by the court in its discretion. 
 
 Ninth: The court, by rules to be adopted or orders signed 
 by a majority of the judges and spread upon the records of the 
 court, may substitute for the forms of pleading prevailing in 
 the circuit courts such other forms of pleading as they may 
 deem suitable and may also provide for such interlocutory pro- 
 ceedings in advance of the trial as they may deem conducive 
 to a final decision of cases upon their merits. 
 
 But all cases provided for in this section shall be commenced, 
 prosecuted and disposed of in the first district.
 
 684 PRACTICE IN THE MUNICIPAL COURT. 
 
 NOTE. 
 
 This section is the same as section 28 of the original act, 
 with the following changes, aside from a few verbal changes : 
 
 First: It provides that the summons shall be made return- 
 able in at least five days instead of ten, and not more than twenty 
 days instead of thirty. 
 
 Second: Paragraph fifth is changed by inserting after "at- 
 taclunent suits ' ' the words ' ' replevin suits or cases of distress for 
 rent," and inserting after ** levied upon" the words "or dis- 
 trained," and inserting at the end of the paragraph the words 
 "or if the suit be a replevin suit, when the property sued for 
 is replevied within the city of Chicago." 
 
 Third: Paragraph seventh is amended so as to require the 
 plaintiff to file his declaration within three days instead of five 
 days after the commencement of suit. 
 
 Fourth: Paragraph eighth is changed so that the defendant 
 may be required to demur or plead to the declaration on or be- 
 fore the Monday succeeding the return day of the siunmons 
 or writ, if it has been served three days instead of five days 
 prior to the return day. 
 
 Fifth: An additional paragraph numbered ninth is added, 
 the purpose of which is to authorize the judges to adopt new 
 forms of pleadings in cases of the first class and to make pro- 
 visions for interlocutory proceedings. 
 
 SECTION 27. 
 
 Section 27. That cases of the fourth class mentioned in 
 section two (2) of this act when the amount claimed by the 
 plaintiff in money or personal property does not exceed two 
 hundred dollars ($200), exclusive of costs, and also forcible 
 detainer suits, shall be brought and prosecuted in the 
 district in which the defendant, if there be but one defendant, 
 or one of the defendants, if there be more than one defendant, 
 resides or is found, or, if the defendant be a corporation having 
 its principal office in the city of Chicago, in the district in which 
 its principal office is located; but if the defendant be a corpora- 
 tion not having a principal office in the city of Chicago, suit 
 may be brought in any district within which service of process 
 may be had upon any officer, agent or employe of such corpora-
 
 APPENDIX. 685 
 
 tion, upon whom service of process might be had if issued in 
 a suit commenced in the circuit court. If, in any such case, 
 there is more than one defendant and one defendant resides or 
 is found within the district in which such suit is brought or is 
 properly served with process therein, the process of such mu- 
 nicipal court may be served upon the remaining defendant 
 or defendants at any place within said city of Chicago. But 
 no suit against the city of Chicago or any other municipal cor- 
 l^oration, nor any suit of the fourth class mentioned in section 
 two (2) of this act, when the amount claimed by the plaintiff 
 in money or personal property exceeds two hundred dollars 
 ($200), exclusive of costs, shall be brought in any other than 
 the first district. If, in any case where there is more than one 
 defendant, process is duly served upon one or more defendants 
 and returned not served as to another defendant or other de- 
 fendants, the suit shall proceed as in like eases in the circuit 
 court. But the requirement that the defendant, if there be but 
 one defendant, or one of the defendants, if there be more than 
 one defendant, must reside or be found within the district in 
 which such suit is brought shall not apply to attachment suits 
 brought against non-residents of this state, nor to replevin suits, 
 or cases of distress for rent, which suits may be brought in any 
 district when any property of the defendant is levied upon or dis- 
 trained within such district, or any garnishee resides or is found 
 in such district, or, if the suit be a replevin suit, when the prop- 
 erty sued for is replevied within the district, nor shall it apply to 
 forcible entry and detainer suits in which the defendants do not 
 reside or cannot be found within the city of Chicago, which suits 
 may be brought in any district in which the property, the pos- 
 session of which is sought to be recovei-ed, is situated, and service 
 of summons may be had by notice by publication in the manner 
 required by law in cases of attachments in courts of record. 
 When, upon the complaint of any defendant, it shall be made 
 to appear to the municipal court in any district that the suit 
 has been improperly brought therein, the court shall not be 
 required on that account to dismiss the suit, if the municipal 
 court in any district could properly have jurisdiction thereof, 
 but in such case the court may cause such suit to be trans- 
 ferred to the proper district and the court in the district to 
 which the same is transferred shall proceed therewith as if
 
 G86 PRACTICE IN THE MUNICIPAL COURT. 
 
 the same had been originally commenced in said district: Pro- 
 vided, however, that the court may, in its discretion, require the 
 plaintiff to pay the costs of the defendant paid by him prior 
 to such transfer: And, provided further, that whenever a trial 
 by jury is demanded in any case, whether civil, criminal or 
 quasi criminal, the court may, in its discretion, direct the trial 
 of said case to be had in the first district, and for that purpose 
 may cause said case to be transferred to the first district, to be 
 there tried and disposed of. 
 
 NOTE. 
 
 This is the same as section 29 of the original act, with a 
 few verbal changes, and also the following: 
 
 First: It provides that all cases of the fourth class, except- 
 ing those when the amount claimed by the plaintiff does not 
 exceed $200 exclusive of costs, and also forcible entry and de- 
 tainer cases, shall be commenced in the first district. 
 
 Second: It also provides that replevin suits and cases of 
 distress for rent may be brought against non-residents. 
 
 SECTION 28. 
 
 Section 28. That the municipal court in any civil suit pend- 
 ing therein, at any time before the trial or final hearing thereof, 
 may permit the filing therein of interrogatories to be answered 
 by any party to such suit or any person for whose immediate 
 benefit such suit is prosecuted or defended, or bj^ the directors, 
 officers, superintendent or managing agents of any corporation 
 which is a party to the record in such suit, at the instance of 
 the adverse party or parties or any of them, and to require 
 an answer under oath to all such interrogatories as the j)arty 
 to be interrogated might be required to answer, if called as a 
 witness upon the trial or hearing of such suit, but the party 
 filing such interrogatories shall not be concluded by the an- 
 swers thereto, if he shall elect to introduce the same or any or 
 either of them upon the trial or final hearing. 
 
 note. 
 
 This section is the same as section 32 of the original act. 
 
 SECTION 29. 
 
 Section 29. That upon the trial or hearing of any suit in 
 the municipal court any party thereto, or any person for whose
 
 APPENDIX, 687 
 
 immediate benefit such suit is prosecuted or defended, or the 
 directors, officers, superintendent or managing agents of any 
 corporation which is a party to the record in such suit, may 
 be examined upon the trial thereof as if under cross-examina- 
 tion at the instance of the adverse party or parties or any of 
 them, and for that purpose may be compelled, in the same 
 manner and subject to the same rules for examination as any 
 other witness, to testify, but the party calling for such exami- 
 nation shall not be concluded thereby, but may rebut the tes- 
 timony thus given by counter testimony. 
 
 NOTE. 
 
 This section is the same as section 33 of the original act. 
 
 SECTION 30. 
 
 Section 30. That whenever in any suit pending in the mu- 
 nicipal court, evidence shall be necessary concerning any fact 
 in support of or in opposition to any interlocutory or othei* 
 motion or application, other than an application for a change 
 of venue, the court may, in its discretion, require such evidence 
 to be presented by the oral examination of witnesses in open 
 court or otherwise, and may make all necessary orders for such 
 oral examination. 
 
 NOTE. 
 
 This section is the same as section 34 of the original act. 
 SECTION 31. - 
 
 Section 31. That any judge of the municipal court shall 
 have the power to sign or otherwise make any order in any suit 
 pending in the municipal court at any place within the city of 
 Chicago whenever, in the opinion of such judge, the granting 
 of such order at such place is in furtherance of justice, and 
 such order shall be as effective as though made in any court 
 room of said court or in the chambers of said judge; Provided, 
 however, that, after the defendant shall have entered his ap- 
 pearance, no such order shall be made at any other place than 
 a branch court of the district in which said suit is pending, 
 without reasonable notice to the parties. 
 
 note. 
 
 This section is the same as section 35 of the original act, ex-
 
 688 PRACTICE IN THE MUNICIPAL COURT. 
 
 cept that it provides that notice of the order is necessary' only; 
 after the defendant has entered his appearance. 
 
 SECTION 32. 
 
 Section 32. That in trials by jury in the municipal court, 
 the court shall charge the jury as to the law only, and the 
 charge may, in the discretion of the court, be given orally or 
 in writing, but, when given orally, it shall be taken down in 
 shorthand, and at the request of either party a transcript thereof 
 shall be made and shall be signed by the judge and filed in 
 the cause in which such charge is given, and shall be made a 
 part of the record in such cause. 
 
 NOTE. 
 
 This section is the same as section 37 of the act excepting that 
 it requires the judge to sign the copy; of the charge. 
 
 SECTION 33. 
 
 Section 33. That whenever it appears in any bill of excep- 
 tions signed in any case of the first class or any case of the 
 second class or any case of the third class, mentioned in sec- 
 tion two (2) of this act, tried and determined in the municipal 
 court, that any erroneous ruling was made by said municipal 
 court against the objection of the party complaining thereof, 
 but that no formal exception was taken by such party thereto, 
 such erroneous ruling shall be subject to review upon appeal 
 or writ of error to the same extent and in like manner as if 
 it appeared that a formal exception had been taken thereto 
 by the party complaining, and no bill of exceptions shall be 
 held defective for the want of the seal of the judge thereto. A 
 bill of exceptions may be tendered to the judge at any time 
 within sixty (60) days after the entry of a final order or judg- 
 ment, or within such further time thereafter as the court, upon 
 application made therefor within such sixty (60) days, may 
 allow. Upon the prosecution of an appeal or writ of error to 
 review any judgment of the municipal court, in any such case, 
 the original bill of exceptions, in lieu of a certified copy thereof, 
 shall be inserted in the transcript of the record to be filed in 
 the supreme court or appellate court upon such appeal or writ 
 of error, unless the municipal court shall otherwise direct, and 
 upon the final determination of such appeal or writ of error
 
 APPENDIX. 689 
 
 such original bill of exceptions shall be remitted to the mu- 
 nicipal court. 
 
 NOTE. 
 
 This is the same as section 38 of the original act, with the 
 addition that "a bill of exceptions may be tendered to the 
 judge at any time within 60 days after the entry of a final order 
 or judgment, or within such further time thereafter as the court, 
 upon application made therefor within said 60 days, may allow. ' ' 
 
 SECTION 34. 
 
 Section 34. That no application for a change of venue in 
 any case of the fourth class or in any case of the fifth class 
 mentioned in section two (2) of this act, or in any criminal 
 case punishable by fine or imprisonment otherwise than in the 
 penitentiary, on account of the prejudice of the judge shall be 
 allowed by the municipal court when the applicant names in 
 his application more than one judge from whom such change 
 of venue is desired, nor unless such application for a change 
 of venue is made by petition as in like cases in the circuit 
 courts, and such petition is filed at or before the time of the 
 filing or entering by the defendant of his appearance in the 
 suit in which such change of venue is asked for, if such suit 
 is a civil or quasi criminal suit, or at or before the time the 
 defendant is required to plead if such suit is a criminal suit, 
 and in no case shall the granting of any change of venue delay 
 the trial of the suit, but such suit shall be tried and disposed 
 of at the time set for the trial thereof or at the time to which the 
 trial thereof may be postponed, before some other judge of the 
 court than the one from whom the change of venue has been 
 granted, or in any other district in which the same may be or- 
 dered to be tried, and all orders necessary for the setting of such 
 case for trial and for the securing of a speedy trial thereof may 
 be made by the judge from whom said change of venue has been 
 obtained. 
 
 NOTE. 
 
 This section is the same as section 39 of the original act, with 
 the insertion of the words "or quasi criminal" in the phrase 
 "if such suit is a civil or quasi criminal suit." 
 44
 
 690 PRACTICE IN THE MUNICIPAL COURT. 
 
 SECTION 35. 
 
 Section 35. That every case of the fourth class mentioned 
 in section two (2) of this act, excepting attachment^ suits, re- 
 plevin suits, cases of distress for rent, and forcible entry and 
 detainer suits, brought in the municipal court, shall be com- 
 menced by the filing by the plaintiff with the clerk of a prae- 
 cipe for a summons, specifying the names of the parties to the 
 suit, the amount of the plaintiff's claim and the day at which 
 the summons shall be made returnable, which day shall not 
 be less than five (5) nor more than fifteen (15) days from the 
 filing of the praecipe, and a bill of particulars of the plain- 
 tiff' 's claim which bill of particulars, if the suit be upon a 
 contract, express or implied, shall consist of a statement of 
 the account or of the nature of the demand, or, if the suit 
 be for a tort, it shall consist of a brief statement of the nature 
 of the tort and such further information as will reasonably in- 
 form the defendant of the nature of the case he is called upon 
 to defend, but nothing herein contained shall be construed to 
 require the bill of particulars in any action for a tort to set 
 forth the cause of action with the particularity required in a 
 declaration at common law. In eases of the fourth class men- 
 tioned in said section two (2) of this act, the municipal court 
 may adopt such rules and regulations as it may deem necessary 
 to enable the parties, in advance of the trial, to ascertain the 
 nature of the plaintiff's claim or claims, or of the defendant's 
 defense or defenses. 
 
 NOTE, 
 
 This section is the same as section 40 of the original act, so 
 changed as to omit quasi criminal cases. The latter are dealt 
 with in section 44 post. 
 
 SECTION 36. 
 
 Section 36. That upon the filing of such praecipe and bill 
 of particulars the clerk of the municipal court shall issue a 
 summons to the defendant directed to the bailiff to execute 
 and returnable at ten o'clock a. m. sharp of the day for such 
 return specified in the praecipe, which summons shall state the 
 amoimt of the plaintiff" 's claim and shall be attested in like 
 manner as a summons issued out of a court of record. Upon
 
 APPENDIX. 691 
 
 every such summons there shall be printed in plain type the 
 provisions of this act pertaining to defaults in case of the non- 
 appearance of the defendant, and setting of the case for trial 
 in case of appearance, and such further information as may; 
 be prescribed by the chief justice. 
 
 NOTE. 
 
 This section is the same as section 41 of the original act. 
 
 SECTION 37. 
 
 Section 37. That every such summons issued out of the 
 mimicipal court shall be served, if the defendant be an indi- 
 vidual, by delivering to him a copy thereof and informing him 
 of its contents, or, if the defendant be a corporation, service 
 shall be made upon such corporation in the same manner as is 
 now or hereafter may be provided by law for the service of 
 process upon such corporation in a suit at law when issued out 
 of a circuit court. In case said summons shall not be served 
 upon the defendant three days or more prior to the return day 
 thereof an alias summons may be issued and a subsequent 
 pluries summons may be issued in any case when a previous 
 alias or pluries summons shall not have been served upon the 
 defendant three days or more prior to the return day fixed 
 in the previous simimons. Service of such alias or pluries sum- 
 mons shall be made in the same manner as that above provided 
 for the service of the original summons. 
 
 NOTE. 
 
 This section is the same as section 42 of the original act. 
 
 SECTION 38. 
 
 Section 38. That upon the return of any such summons duly 
 served upon the defendant, the plaintifi:' shall be entitled to 
 judgment as in case of default, unless the defendant shall either 
 appear in person at the time specified in such summons, or shall, 
 at or before the time fixed in such summons for his appearance, 
 file his appearance in writing in said municipal court. In case 
 any defendant appears in person and desires to make defence 
 to the suit, the court shall cause him to sign and file a written 
 appearance. Upon such default the court shall assess the dam-
 
 692 PRACTICE IN TIIE MUNICIP.iL COURT, 
 
 ages after hearing such evidence as the court may deem suf- 
 ficient for that purpose. In case the defendant shall desire 
 upon the trial to present any set-off or counter claun, he shall 
 file a bill of particulars thereof with his appearance; provided, 
 however, the court may, in its discretion, extend the time for 
 the filing of such bill of particulars. It shall be the duty of the 
 court at ten o'clock a. m. sharp of each day upon which the 
 court is open for business, or as soon thereafter as is practicable, 
 to call or cause to be called, the cases in which the summonses 
 are then returnable for the purpose of ascertaining whether the 
 defendants therein have appeared in person or have entered 
 their appearances in writing, and to give or cause to be given 
 such directions with respect to such appearances as the court 
 may find necessary or proper for the information of the parties. ■ 
 
 NOTE. 
 
 This section is the same as section 43 of the original act with 
 a few changes, consisting of a provision that when a defendant 
 appears in person, the court shall cause him to enter his ap- 
 pearance in writing, and two other verbal changes. 
 
 SECTION 39. 
 
 Section 39. That the clerk of the municipal court shall keep 
 on hand and furnish to suitors and attorneys on application 
 printed blank forms of praecipes, suuunonses, entries of appear- 
 ance, affidavits, bonds, attachment writs, replevin writs, peti- 
 tions for changes of venue, and all other papers necessary for 
 the use of the parties to suits in such court. Forms for such 
 papers shall be prescribed by the chief justice of the municipal 
 court, who shall also from time to time prescribe and cause 
 to be printed forms of bills of particulars to be used in said 
 court. 
 
 NOTE. 
 
 This section is the same as section 44 of the original act. 
 
 SECTION 40. 
 
 Section 40. That if, in any case of the fourth class or in 
 any case of the fifth class mentioned in said section two (2) 
 of this act, brought in the municipal court, the defendant shall 
 appear at the time specified in the siunmons or shall have
 
 APPENDIX. 693 
 
 entered his appearance in writing at or before the time so 
 specified, the court shall, at such time, or as soon thereafter 
 as practicable, fix a time for the trial thereof and such case 
 shall be tried at the time so fixed or as soon thereafter as the 
 other business of the court will permit. 
 
 NOTE. 
 
 This section is the same as section 45 of the original act. 
 
 SECTION 41. 
 
 Section 41. That amendments to bills of particulars, prae- 
 cipes, summons and other papers filed by either party may, in 
 the discretion of the court, be allowed at any time. 
 
 note. 
 
 This section is the same as section 46 of the original act. 
 
 SECTION 42. 
 
 Section 42. That the court may in any ease of the fourth 
 class mentioned in section two (2) of this act, grant such post- 
 ponements of the trial, and may make such other orders in 
 respect thereto as the court may deem proper and necessary for 
 the protection of the rights of the parties, and the failure of 
 the court to try any such case at the time to which the trial 
 has been postponed shall not operate as a discontinuance, but 
 the same shall remain under the control of the court until the 
 final disposition thereof. 
 
 note. 
 
 This section is the same as section 47 of the original act with 
 a slight change. 
 
 SECTION 43. 
 
 Section 43. That the practice and proceedings in the mu- 
 nicipal court, other than the mode of trial and the proceedings 
 subsequent to trial, in cases of attachment, replevin, distress 
 for rent, and forcible detainer, included within the cases of the 
 fourth class mentioned in section 2 of this act, shall be the 
 same, as near as may be, as that which is now prescribed by 
 law for similar cases in courts of record with the following ex- 
 ceptions :
 
 694 PRACTICE IN THE ilUNlCIP.U. COURT. 
 
 First: There shall be no written pleadings, excepting such as 
 are required by law in similar cases before justices of the peace, 
 other than the affidavits in attachment and replevin, copies of 
 the distress warrant in cases of distress for rent, the complaint 
 in forcible detainer, and such other written pleadings or state- 
 ments as may be required from time to time by the rules or 
 regulations of the municipal court, and the A\Tit and summons 
 shall be made returnable, and shall be served in like manner, 
 as the summons in other cases of such class in the municipal 
 court. 
 
 Second: In attachment cases the defendant, at the time of 
 his appearing in person, or of his entering his appearance in 
 writing, if he shall desire to be permitted to present any set-oft' 
 or counter claim, shall file a bill of particulars thereof. 
 
 Third: In forcible detainer cases the plaintift' may unite with 
 his claim for possession of the property any claim for rent or 
 damages for withholding possession of the same. 
 
 Fourth: The mode of trial and all proceedings subsequent 
 to the trial shall be the same, as near as may be, as in other 
 cases of the fourth class, mentioned in section two of this act. 
 
 NOTE. 
 
 This section is the same as section 48 of the original act with 
 the following changes: 
 
 First: Provision is made that the writs and the siunmons 
 shall be served in the same way as the summons in other cases. 
 
 Second: The claim for rent may be any amount instead of 
 being limited to $1,000. 
 
 SECTION 44. 
 
 Section 44. That the practice in the municipal court in cases 
 of the fifth class shall be the same, as near as may be, as therein 
 prescribed for civil cases of the fourth class mentioned in sec- 
 tion two (2) of this act in said court, excepting as follows: 
 
 First: If, in any case, the defendant, after being duly served 
 with summons, fails to appear personally at the times specified 
 in the summons, or to enter his appearance at or before such 
 time, the court may proceed as in case of default, or may issue 
 a warrant for the arrest of the defendant. 
 
 Second: When the facts constituting the offense complained
 
 APPENDIX. 695 
 
 of also constitute, in whole or in part, a violation of the crimi- 
 nal code, the court may issue a warrant in the first instance 
 against the defendant, upon the filing by some person of a 
 complaint under oath that the offense has been committed, and 
 that the complainant has just and reasonable grounds to be- 
 lieve that the defendant committed the offense, and such war- 
 rant may be served at any place within the city of Chicago, 
 if the court, in its discretion, shall so direct. 
 
 Third: A warrant may be issued in the first instance upon 
 the affidavit of any person that an ordinance has been violated, 
 and that the person making the complaint has reasonable 
 grounds to believe that the party charged is guilty thereof and 
 will escape unless arrested, and stating the facts upon which 
 such belief is based; provided the judge to whom application is 
 made for such warrant shall be satisfied, after examining, or 
 causing to be examined, under oath the party making the affi- 
 davit, that such arrest should be made ; and any person arrested 
 upon any warrant herein provided for shall, without unneces- 
 sary delay, be taken before the court to which such warrant is 
 returnable and tried for the alleged offense, and such warrant 
 may be served at any place within the city of Chicago if the 
 court, in its discretion, shall so direct. 
 
 Fourth: Any police officer of the city of Chicago may arrest 
 on view any person who may be seen by such police officer in 
 the act of violating, within the city of Chicago, any ordinance 
 of said city, or any ordinance of any municipal corporation 
 situated, in whole or in part, within the limits of said city, 
 whenever such violation is, by such ordinance, made punishable 
 by fine or otherwise. Any person so arrested shall, without 
 unnecessary delay, be taken by such officer to some convenient 
 branch of the municipal court and such police officer shall 
 thereupon make and file a complaint in writing under oath 
 against such defendant of the violation by such defendant of 
 such ordinance and such defendant shall thereupon be dealt 
 with according to law in the same manner as if he had been 
 arrested in the first instance under a warrant lawfully issued. 
 
 NOTE. 
 
 This section is the same as section 49 of the original act with 
 a few verbal changes and the addition of clause fourth.
 
 696 PRACTICE IN THE MUNICIPAL COURT. 
 
 SECTION 45. 
 
 Section 45. That upon the arrest of any person for any 
 criminal or quasi criminal offense within the jurisdiction of the 
 municipal court any judge of the municipal court, or any judge 
 of the circuit or superior court of Cook county, shall have power 
 to let such person to bail; and in case of the arrest of any per- 
 son for any quasi criminal offense, or for any offense when the 
 punislunent is by fine or imprisonment otherwise than in the 
 penitentiary, the chief of police, or any captain or lieutenant 
 or sergeant of police, of the city of Chicago, or any deputy 
 clerk designated for that purpose by an order signed by a ma- 
 jority of the judges of the municipal court shall have power 
 to let such person to bail. The bail bond in any such case shall 
 be conditioned for the appearance of the person arrested before 
 some b»anch court at a time fixed in said bond for such appear- 
 ance, which time shall be not later than two days after the date 
 of the bond. Any bond so taken, shall be signed by one or 
 more sureties to be approved by such judge or officer who shall 
 be authorized and required to administer oaths for the purpose 
 of ascertaining the sufficiency of the sureties. All bonds so 
 taken shall be filed with the clerk of the municipal court at the 
 branch court at which the person so arrested is required to 
 appear. The exercise of the power hereby conferred of letting 
 to bail shall be subject to regulation by such rules as may be 
 adopted by a majority of the judges of the municipal court as 
 herein provided. But any person so arrested shall have the 
 right to be brought immediately before the municipal court in 
 the district in which he is arrested, or, if there be no judge then 
 in attendance upon such court, before the municipal court in any 
 other district at which there may be then a judge in attendance, 
 to be dealt with by such court according to law. The court 
 may, by rule, provide that any defendant arrested in any crim- 
 inal case in which the punishment is by fine, or imprisonment 
 otherwise than in the penitentiary, or in any quasi criminal 
 case, in lieu of giving bail for his appearance, may deposit with 
 the clerk such sum of money as the court may deem sufficient 
 to secure his appearance at the time or times fixed therefor, 
 such sum to be forfeited and paid into the city treasury in case 
 such defendant shall fail to appear at the time or times so fixed :
 
 APPENDIX. 697 
 
 provided, Jiowever, that if, upon an application made at any 
 time within thirty days after such forfeiture such defendant 
 shall prove to the satisfaction of the court that his failure to so 
 appear was the result of serious illness, or other unavoidable 
 accident, the court may by order, set aside such forfeiture, such 
 deposit, however, to be retained until the final determination of 
 the case, and, in case of the defendant 's conviction, to be applied, 
 as far as may be necessary, to the payment of any fine or costs 
 adjudged against him. 
 
 NOTE. 
 
 This section is the same as section 50 of the original act with 
 the following changes: 
 
 First: The court is empowered to provide for cash bail in all 
 criminal cases punishable by fine or imprisonment otherwise than 
 in the penitentiary, instead of by fine only. 
 
 Second: Provision is made that when, in a ease where cash 
 bail has been given, there has been a forfeiture, the forfeiture 
 may be set aside upon a showing that it resulted from illness 
 or other unavoidable accident. 
 
 Third: Provision is also made that bail may be taken by "any 
 deputy clerk designated for that purpose by an order signed 
 by a majority of the judges of the municipal court." 
 
 SECTION 46. 
 
 Section 46. That the practice and proceedings in the mu- 
 nicipal court in bastardy cases shall be as follows : 
 
 First: Whenever an unmarried woman, who shall be preg- 
 nant or delivered of a child, which by law would be deemed 
 a bastard, shall file in the municipal court, if she be pregnant 
 or so delivered in the city of Chicago, or the person accused 
 be found in said city of Chicago, her complaint in writing under 
 oath or affirmation accusing a person of being the father of 
 such child, the court shall order a warrant to issue against the 
 person so accused and cause him to be brought forthwith before 
 the court. 
 
 Second: Such warrant shall be issued to the bailiff and to 
 all sheriffs, coroners and constables in the State of Illinois and 
 may be executed by any officer in any county.
 
 698 PRACTICE IN THE MUNICIPAL COURT. 
 
 Third: If, upon his appearance, the defendant denies the 
 charge, the court shall cause an issue to be made up whether 
 the person charged as aforesaid is the real father of the child 
 or not, which issue shall be tried by a jury, unless the party 
 shall elect to waive a trial by jury, in which case the issue shall 
 be tried by the court without a jury. 
 
 Fourth: Pending the trial of such issue and the final dispo- 
 sition of the matter, the court shall require the defendant to 
 enter into a recognizance, in such an amount and with such 
 sureties as the court may deem just, for the appearance of the 
 defendant from day to day until the entry of the final judgment. 
 
 Fifth: All further proceedings in the case shall be the same, 
 as near as may be, as are provided by law for similar cases in 
 the criminal court of Cook county. 
 
 Sixth: The practice in cases of appeals from and writs of 
 error to the municipal court in bastardy cases shall be the same, 
 as near as may be, as is in this act provided for cases of the first 
 class, such appeals to be taken and such writs of error to be 
 sued out from the appellate court of the first district. 
 
 Seventh: The costs in such cases shall be the same as pro- 
 vided by this act for other quasi criminal cases in the municipal 
 court. 
 
 NOTE. 
 
 This section is entirely new. In the original act no provision 
 was made for bastardy cases. 
 
 SECTION 47. 
 
 Section 47. That the practice in the municipal court in pro- 
 ceedings to prevent the commission of crimes shall be the same, 
 as near as may be, as is now provided by law for similar pro- 
 ceedings before judges of courts of record and justices of the 
 peace, with the following exceptions : 
 
 First: The complaint shall be filed with the clerk of the mu- 
 nicipal court who, when so ordered by the court, shall issue a 
 warrant to the bailiff requiring him to forthwith apprehend 
 the person complained of and bring him before the court. 
 
 Second: All proceedings in such cases shall be proceedings 
 in court, instead of proceedings before a judge thereof, and all 
 orders entered in such proceedings shall be orders of court, in-
 
 APPENDIX. (J99 
 
 stead of orders of a judge thereof and shall be entered of record 
 as orders in other cases. 
 
 Third: Eecognizance may be taken in open court and when 
 so taken shall have the same force and effect, and be enforced 
 in the same manner, as recog:nizances in other cases taken in 
 open court. 
 
 Fourth: No appeal shall be allowed from any order in such 
 cases to the criminal court of Cook county, but all orders of 
 the court may be reviewed by writ of error sued out of the 
 appellate court of the first district. The practice in writs of 
 error in such cases shall be the same, as near as may be, as that 
 provided for by this act for wi-its of error in cases of the first 
 class. 
 
 NOTE. 
 
 This section is entirely new. The subject matter of it was 
 not expressly provided for by the original act. 
 
 SECTION 48. 
 
 Section 48. That the practice in all proceedings in the mu- 
 nicipal court for the arrest, examination, commitment and bail 
 of persons charged with criminal offenses shall be the same, as 
 near as may be, as is provided by law for similar proceedings 
 before judges of courts of record and justices of the peace, with 
 the following exceptions: 
 
 First: The complaint shall be filed with the clerk of the 
 municipal coui't, who, when so ordered by the court, shall issue 
 the warrant, which shall be directed to the bailiff and to all 
 sheriffs, coroners and constables within this state and shall 
 require the officer to whom it is directed to forthwith take the 
 person of the accused and bring him before the court, and all 
 proceedings in the case shall be proceedings in court instead of 
 proceedings before a judge thereof and all orders entered in 
 such proceedings shall be orders of court instead of orders of 
 a judge thereof, and shall be entered of record as orders in other 
 cases. 
 
 Second: All recognizances may be taken in open court, in 
 , which case they shall have the same force and effect as recog- 
 nizances in other cases taken in open court.
 
 700 PRACTICE IN THE MUNICIPAL COURT. 
 
 Third: Upon the hearing the court may, in its discretion^ 
 cause the testimony of the witnesses to be taken down in short- 
 hand and transcribed and, when so transcribed, it may be cer- 
 tified by the judge and transmitted to the clerk of the criminal 
 court and, when so certified and transmitted, it may be pre- 
 sented to the grand jury and be given the same force and effect 
 by the grand jury as if the witnesses had appeared before the 
 grand jury and orally testified. 
 
 NOTE. 
 
 This section is entirely new. The subject matter of it was 
 not expressly mentioned in the original act. 
 
 SECTION 49. 
 
 Section 49. That the practice in the municipal court in pro- 
 ceedings pertaining to search warrants shall be the same, as 
 near as may be, as that provided by law for similar proceedings 
 before judges of courts of record and justices of the peace 
 with the following exceptions : 
 
 First: The complaint shall be filed with the clerk of the mu- 
 nicipal court, who, when so ordered by the court, shall issue 
 the warrant, which shall be directed to the bailiff or to the 
 sheriff or to any constable of the county commanding such 
 officer to search either in the day time or the night time the 
 house or place where the stolen property or other things for 
 which he is required to search are believed to be concealed 
 (which place and property or things to be searched for shall 
 be particularly designated and described in the warrant) and 
 to bring such stolen property or other thing, when found, and 
 the person in whose possession they are found, before the mu- 
 nicipal court. 
 
 Second: That all proceedings in such cases shall be proceed- 
 ings in court instead of proceedings before a judge thereof, 
 and all orders entered in such proceedings shall be orders of 
 the court instead of orders of a judge thereof and shall be 
 entered of record as orders in other cases. 
 
 NOTE. 
 
 This section is entirely new. The subject matter of it was 
 not expressly mentioned in the original act.
 
 APPENDIX. 701 
 
 SECTION 50. 
 
 Section 50. That both in direct and in collateral proceed- 
 ings the same presumptions shall be indulged with respect to the 
 jurisdiction of the municipal court over the subject matter of 
 suits and over the parties thereto, as are indulged with respect 
 to the jurisdiction of circuit courts in like cases. 
 
 NOTE. 
 
 This section is the same as section 52 of the original act. 
 SECTION 51. 
 
 Section 51. That if the method of procedure in any case 
 within the jurisdiction of the municipal court is not sufficiently 
 prescribed by this act, or by any rule of court adopted in pur- 
 suance hereof, the court may make such provision for the con- 
 ducting and disposing of the same as may appear to the court 
 proper for the just determination of the rights of the parties. 
 
 NOTE. 
 
 This section is the same as section 51 of the original act ex- 
 cepting that a few words are stricken out that were regarded 
 as surplusage. 
 
 SECTION 52. 
 
 Section 52. That any money judgment rendered by the mu- 
 nicipal court, when no execution issued thereon is outstanding, 
 may be satisfied by the payment by the party against whom the 
 same has been rendered of the amount thereof to the clerk 
 of said court, who, upon payment being made, shall enter 
 satisfaction thereof and shall, upon demand, pay over the money 
 received by him to the person appearing of record to be entitled 
 thereto. 
 
 note. 
 
 This section is the same as section 53 of the original act. 
 
 SECTION 53. 
 
 Section 53. That the municipal court shall take judicial no- 
 tice of all matters of which courts of general jurisdiction of this 
 state are required to take judicial notice, and also of the fol- 
 lowing :
 
 702 PRACTICE IN THE MUNICIPAL COURT. 
 
 1. All general ordinances of the city of Chicajio and all 
 general ordinances of every municipal corporation situated in 
 whole or in part within the limits of the city of Chicago. 
 
 2. All laws of a public nature enacted by any state or ter- 
 ritory of the United States. 
 
 NOTE. 
 
 This section is the same as section 54 of the original act. 
 SECTION 54. 
 
 Section 54. That the masters in chancery of the circuit 
 and superior cotirts of Cook county shall be ex officio masters 
 in chancery of the municipal court. 
 
 NOTE. 
 
 This section is the same as section 55 of the original act. 
 
 SECTION 55. 
 
 Section 55. That the costs in civil cases in the municipal 
 court shall be as follows: 
 
 First: In a case of the first class mentioned in section two 
 -(2) of this act the plaintiff at the time of commencing his suit 
 shall pay to the clerk in full for all services to be rendered by 
 said clerk for the plaintiff in said suit other than the making 
 or furnishing of transcripts of the record, the siun of eight 
 dollars ($8.00), and if he at the same time files with the clerk 
 a demand in writing of a trial by jury he shall pay to the clerk 
 the further sum of six dollars ($6.00) to be applied towards 
 the pajTnent of the fees of jurors in said court. 
 
 Second: In a case of the second class mentioned in section 
 two (2) of this act the plaintiff', at the time of the filing of the 
 transcript of the record in the municipal court, shall pay to the 
 clerk in full for all services to be rendered by said clerk for 
 the plaintiff in said suit other than the making or furnishing 
 of transcripts of the record, the sum of one dollar ($1.00), and 
 if he at the time of entering his appearance files with the clerk 
 a demand in writing of a trial by jury, he shall pay to the clerk 
 the further sum of six dollars ($6.00) to be applied towards 
 the payment of the fees of the jurors in said court. 
 
 Third: In any case of the first class mentioned in section
 
 xU^PENDIX. 703 
 
 two (2) of this act the defendant at the time of filing his ap- 
 pearance, and before he shall he permitted to make any de- 
 fense, shall pay to the clerk in full for all services to be ren- 
 dered by said clerk for the defendant in said suit, other than 
 the making or furnishing of transcripts of the record, the sum 
 of five dollars ($5.00), and if such defendant, or any defendant 
 in a suit of the second class, shall, at the time of entering his 
 appearance, also file with the clerk a demand in writing of a 
 trial by jury, he shall pay to the clerk the further sum of six 
 dollars ($6.00) to be applied towards the payment of the fees 
 of the jurors in said court. 
 
 Fourth: In any case of the fourth class mentioned in section 
 two (2) of this act, the plaintiff, at the time of commencing his 
 suit shall pay to the clerk in full for all services to be rendered 
 by said clerk, if such case be other than an action of forcible 
 detainer, the sum of two dollars ($2.00) when the amount 
 claimed by him in money or property does not exceed two hun- 
 dred dollars ($200), the sum of five dollars ($5.00) when the 
 amount claimed by him in money or property exceeds two hun- 
 dred dollars ($200) but does not exceed one thousand dollars 
 ($1,000), and the sum of two dollars ($2.00) in a case of forcible 
 detainer, and if the plaintiff at the time he commences his suit 
 files with the clerk a demand in writing of a trial by jury, he 
 shall pay to the clerk the further sum of six dollars ($6.00) to 
 be applied towards the payment of the fees of jurors in said 
 court. 
 
 Fifth: In any case of the fourth class mentioned in section 
 two (2) of this act the defendant, at the time of his appearance, 
 shall pay to the clerk in full for services to be rendered by 
 said clerk, if the suit be other than an action of forcible 
 detainer, the sum of two dollars ($2) when the amount claimed 
 by the plaintiff in money or property exceeds two hundred dol- 
 lars ($200), and if the defendant shall at the same time file with 
 the clerk a demand in writing of a trial by jury he shall pay to 
 the clerk the further sum of six dollars ($6.00) to be applied 
 towards the payment of the fees of jurors in said court. 
 
 Sixth: The costs to be paid for the services of the bailiff and 
 of sheriffs and other costs not included in the above in cases 
 of the first class and in cases of the second class mentioned in
 
 704 PRACTICE IN TUE MUNICIP^VL COURT. 
 
 section two (2) of this act shall be the same as those required 
 by law from time to time to be paid for similar services in cases 
 in the circuit court of Cook county. 
 
 Seventh: In any case of the fourth class mentioned in sec- 
 tion two (2) of this act the party delivering to the bailiff any 
 summons, writ of attachment, writ of replevin, subpoena, writ 
 of execution or other process shall at the time of making such 
 delivery pay to the bailiff the sum of one dollar ($1.00) for 
 each defendant named in such process upon whom service 
 thereof is to be made, and in cases of writs of attachment, re- 
 plevin or execution, he shall pay to the bailiff the further sum 
 of one dollar ($1.00), when any levy upon or seizure of property 
 is to be made thereunder, and shall also pay to the bailiff the 
 actual expense of seizing or caring for any property levied 
 upon or seized thereunder. 
 
 Eighth: In any case of the fourth class mentioned in section 
 two (2) of this act, the party procuring any certified copy of 
 the record or of any portion thereof in any case shall pay to 
 the clerk the same fees required by law from time to time to 
 be paid to the clerk of the circuit court of Cook county for sim- 
 ilar services. 
 
 Ninth: In any case of the fourth class mentioned in section 
 two (2) of this act the bailiff, as commissions on moneys realized 
 by execution, shall collect from the defendant in the execution 
 five (5) per cent, upon the amount realized, if it do not exceed 
 one hundred dollars ($100), but if the amount realized exceeds 
 one hundred dollars ($100) the bailiff shall collect five (5) per 
 ■cent, on the first one hundred dollars ($100) and three (3) 
 per cent, upon the excess over one hundred dollars ($100). 
 
 Tenth: All other costs not herein expressly provided for shall 
 be the same as the costs provided by law in cases in the circuit 
 court of Cook county, and all costs shall be taxed in favor of the 
 successful party and against the unsuccessful party in the same 
 way, and to the same extent, as costs in similar cases are taxed 
 in the circuit court of Cook county, unless the court shall other- 
 wise direct. 
 
 In any case included within the terms of this section the court 
 may, in its discretion, order that an advance payment of costs 
 may be waived in favor of any poor person whose financial cir-
 
 APPENDIX. . 705 
 
 cumstances, as made to appear to the court, are such that such 
 advance payment would be unduly burdensome or oppressive. 
 
 SECTION 56. 
 
 Section 56. That the costs in criminal and in quasi criminal 
 cases and proceedings in the municipal court, instituted in the 
 name or by the authority of the people or in the name of any 
 state or county officer in his official capacity, or by any municipal 
 corporation other than the city of Chicago, shall be as follows: 
 
 First: The clerk's fees in full for all services rendered by 
 him shall be the sum of six dollars ($6). 
 
 Second: The bailiff's fees shall be the same as those which 
 may now or hereafter be fixed by law for the sheriff in counties 
 of the third class for similar services. 
 
 No defendant in any such case shall be required to pay any 
 advance costs of any kind or character, but in case of final 
 judgment being entered against him all the costs of the suit 
 may, in the discretion of the court, be awarded against him and 
 collected by execution or otherwise as the court may direct, and 
 when so collected shall be paid into the city treasury. 
 
 All moneys collected upon judgments of the municipal court 
 in criminal cases shall be paid to the clerk, who shall, at the 
 end of each week pay the same into the city treasury. 
 
 SECTION 57. 
 
 Section 57. That the costs in quasi criminal cases in the 
 municipal court instituted in the name of the city of Chicago 
 or in the name of any officer thereof in his official capacity, 
 shall be as follows : 
 
 First: The clerk's fees in full for all services rendered by him 
 shall be the sum of six dollars ($6). 
 
 Second: The bailiff's fees shall be the same as those which 
 may now or hereafter be fixed by law for the sheriff in counties 
 of the third class for similar services. 
 
 No defendant in any such case shall be required to pay any 
 advance costs of any kind or character, but in case of final judg- 
 ment being entered against him all the costs of the suit may, 
 in the discretion of the court, be awarded against him and col- 
 45
 
 706 PRACTICE IN THE MUNICIP^VL COURT. 
 
 lected by execution or otherwise as the court may direct and 
 when so collected shall be paid into the city treasury. 
 
 All moneys collected upon judgments of the municipal court 
 in eases for the violation of municipal ordinances shall be paid 
 to the clerk, who shall, within one week after receiving the 
 same, pay over to the city of Chicago all moneys so collected 
 upon judgments in its favor, and to each other municipal cor- 
 poration situated, in whole or in part, within the limits of the 
 city of Chicago, all fines and penalties so collected upon judg- 
 ments in favor of such municipal corporation. 
 
 The provisions of this act as to costs may, upon the recom- 
 mendation of a majority of the judges of the municipal court, 
 from time to time, be changed and regulated by ordinances 
 passed by the city council of the city of Chicago, 
 
 NOTE. 
 
 Sections 55, 56 and 57 are the same as sections 56, 57 and 58 
 of the original act, with the following changes : 
 
 First: Certain verbal changes are made which need not be 
 specially mentioned. 
 
 Second: Provision is made that all costs not expressly pro- 
 vided for in civil cases are to be the same as those in the circuit 
 court, and all costs are to be taxed in favor of the successful 
 party, and against the unsuccessful party, the same as in the 
 circuit court, unless the court otherwise directs. 
 
 Third: Provision is made that in criminal and in quasi crim- 
 inal cases no defendant shall be required to pay any advance 
 costs of any kind or character, but that in case final judgment 
 be entered against him, all the costs of the suit may, in the 
 discretion of the court, be awarded against him and be col- 
 lected by execution or otherwise. 
 
 Fourth: Provision is made that all fines in criminal cases are 
 to be paid to the clerk, who shall, at the end of each week, pay 
 them into the city treasury, instead of their being paid over 
 to other officers as provided by section 57 of the original act. 
 
 Fifth:, Provision is made that all fines for the violation of 
 municipal ordinances are to be paid to the clerk, who, within a 
 w^eek after receiving them, is to pay to the city all fines collected 
 for the violation of its ordinances, and to each other municipal
 
 APPENDIX. 707 
 
 corporation all fines collected for the violation of the ordinances 
 of such corporation. 
 
 Sixth: Provision is made that upon the recommendation of a 
 majority of the judges, the city council may, by ordinances, 
 change and regulate costs in the municipal court. 
 
 SECTION 58. 
 
 Section 58. That the clerk and each deputy clerk shall col- 
 lect for the acknowledgment and entering of memoranda of chat- 
 tel mortgages and for the acknowledgment of other written 
 instruments the same fees allowed by law to justices of the 
 peace for similar services and the fees so collected and all costs 
 collected in each week by the clerk and bailiff shall be paid 
 over by them respectively to the city of Chicago on the Monday 
 of the succeeding week, and the clerk and bailiff shall be held 
 personally responsible for all costs required to be paid to them 
 in advance as hereinbefore provided, and the clerk shall be per- 
 sonally responsible for all fees required as aforesaid to be col- 
 lected by him and by each deputy clerk. The clerk and the 
 bailiff shall be required to keep complete and accurate accounts 
 of all moneys collected by them and by their respective depu- 
 ties, and such accounts shall, under the direction of the chief 
 justice of said municipal court, be examined and audited 
 monthly, the expense thereof to be paid by the city. 
 
 NOTE. 
 
 This section is the same as section 59 of the original act. 
 SECTION 59. 
 
 Section 59. That it shall be the duty of the judges of the 
 municipal court to cause to be organized and conducted, under 
 the supervision of the judges, a bureau or department of said 
 court to be known as a bureau of justice, the purpose of which 
 shall be, first, to investigate claims of poor persons whose finan- 
 cial circumstances are such that the advance paj^ment of costs 
 would be to them unduly burdensome or oppressive and who 
 may be unable to secure the services of competent lawyers, sec- 
 ond, to assist in the prosecution of all such claims as, upon 
 investigation, may seem to be meritorious and which cannot be 
 fairly adjusted by negotiation, third, to investigate cases of poor
 
 708 PRACTICE IN THE MUNICIPAL COURT. 
 
 persons who may be charged with criminal or quasi crhuinaj 
 offenses, and to secure to such persons fair and impartial trials, 
 and fourth, generally to aid in securing justice in said court 
 for all persons who, because of their financial circumstances or 
 otherwise, are unable to properly protect themselves. 
 
 NOTE. 
 
 This section is entirely new. It is intended to supplement the 
 concluding provision of section 55, supra, and to give practical 
 effect to section 5 of chapter 33 of the Revised Statutes, (Hurd's 
 R. S. of 1905, par. 5, p. 555), which authorizes "any court" 
 to permit a poor person to prosecute a suit without payment 
 of costs, and to assign him counsel to act without "fees, charge 
 or reward." 
 
 SECTION 60. 
 
 Section 60. That the offices of justices of the peace, police 
 magistrates and constables in and for the territory within the 
 city of Chicago be and they are hereby abolished, and that 
 the jurisdiction of justices of the peace in the territory of the 
 county of Cook outside of the city of Chicago be and it is hereby 
 'limited to the territory of said county outside of said city, but 
 this section of this act shall not become operative until the first 
 Monday of December, A. D. 1906, and on and after said date 
 the jurisdiction hereby conferred upon the municipal court 
 shall exclude the exercise of any portion of such jurisdiction by 
 all other courts excepting courts of record, and on and after 
 said first Monday of December, A. D. 1906, no other court than 
 a court of record shall exercise jurisdiction in any case in which 
 said municipal court is given jurisdiction by this act. 
 
 NOTE. 
 
 This section is the same as section 60 of the original act. 
 
 SECTION 61. 
 
 Section 61. That when the offices of justices of the peace 
 within the city of Chicago shall be abolished the docket of each 
 justice of the peace whose office is thus abolished and all papers 
 in his possession pertaining to proceedings had before him shall 
 be forthwith delivered up to the clerk of the municipal court.
 
 APPENDIX, 709 
 
 who shall preserve the same in his office kept in the first district 
 and who shall have as full power and authority to certify to 
 transcripts of such proceedings as such justice of the peace 
 would have had, had the office not been abolished. Executions 
 may be issued by the clerk of said court upon any unsatisfied 
 judgments rendered by such justice of the peace in all cases in 
 which the same might have been issued had such office of justice 
 of the peace not been abolished, and said municipal court shall 
 allow an appeal to the circuit or superior court of Cook county 
 from any judgment rendered by any justice of the peace within 
 twenty (20) days prior to the first Monday of December, A. 
 D. 1906, upon the giving by the appellant of an appeal bond 
 with security as now required by law in cases of appeals from 
 justices of the peace, provided such appeal is prayed at any 
 time within twenty (20) days after the first Monday of Decem- 
 ber, A. D. 1906. In all cases not determined or finally disposed 
 of by such justice of the peace at the time his office is abolished, 
 such proceedings shall be had in said municipal court as might 
 be had were such suits originally brought in said court, but no 
 trial of any such case shall be had in such court without such 
 notice to the parties thereto as the court may deem necessary. 
 All writs issued by justices of the peace within the city of 
 Chicago and which shall not have been returned on the 
 first Monday of December, A. D. 1906, shall be forthwith re- 
 turned to the municipal court, and said mimicipal court shall 
 have full power to make such provision for the execution or 
 other disposition of all such writs as said court may deem proper 
 for the protection of the rights of the respective parties to the 
 suits in which such writs have been issued. 
 
 NOTE. 
 
 This section is the same as section 61 of the original act. 
 
 SECTION 62. 
 
 Section 62. That it shall be the duty of the chief justice of 
 the municipal court to superintend the keeping of the records 
 of said court and to prescribe abbreviated forms of entries 
 therein, excepting in suits of equity, which abbreviated forms 
 so prescribed shall have the same force and effect as if such 
 entries were ^vl'itten out in full in the forms heretofore in use
 
 710 PRACTICE IN THE MUNICIPAL COURT. 
 
 in other courts of record. "When any certified transcript of the 
 record of any suit or proceeding, or any portion thereof, is re- 
 quired for use in any other state than Illinois, or in any ter- 
 ritory of the United States, or in any foreign country, the same 
 shall be written out in full from such abbreviated forms and 
 duly authenticated according to law. All courts of this state 
 shall take judicial notice of the meaning and effect of such 
 abbreviated forms of entries and the transcript of any record, 
 other than one in a suit in equity, for use in any other court 
 in this state, whether in case of appeal, writ of error, or other- 
 wise, may be made up and authenticated in the following man- 
 ner: 
 
 First: It shall be preceded by a statement in the following 
 form or in a form substantially equivalent thereto : 
 
 Record of the proceedings of the municipal court of Chicago 
 in a certain suit therein lately pending and determined 
 entitled: (Here give the names of the parties plaintiff and par- 
 ties defendant, or such other title as the suit may have.) 
 
 Second: It shall contain copies of all such files in the pro- 
 ceeding as properly form a part of the record at common law, 
 with all indorsements thereon, including the process and returns 
 thereon and, in case such transcript is to be used upon appeal 
 or writ of error, the original bill of exceptions, or the state- 
 ment or statements, or report or reports signed by the judge, 
 or judges, before whom proceedings have been had in such 
 suit, the appeal bond, if there be one, and a copy of the ab- 
 breviated forms of entries. 
 
 Third: It shall be duly certified by the clerk under the seal 
 of the court. 
 
 NOTE. 
 
 This section is the same as section 62 of the original act with 
 the following changes: 
 
 First: Provision is made that transcripts need only be writ- 
 ten out in full when required for use in any other state than 
 Illinois, or in a territory of the United States, or in a foreign 
 country. 
 
 Second: Provision is made that all courts of this state shall 
 take judicial notice of the meaning and effect of the abbreviated 
 forms of entries. 
 
 I
 
 APPENDIX. 711 
 
 Third: The method of making up the transcript of the rec- 
 ord for use in case of appeal, writ of error, or otherwise, is pre- 
 scribed. 
 
 SECTION 63. 
 
 Section 63. That the orders, judgments, and decrees of the 
 municipal court in cases of the first class and cases of the second 
 class shall have the same force, be of the same effect, be liens 
 upon real estate in the city of Chicago to the same extent and 
 under the same circumstances, and be executed and enforced in 
 the same manner as the judgments, orders and decrees of the 
 circuit court of Cook county, and such judgments and decrees 
 shall also be liens upon real estate in the county of Cook outside 
 of the city of Chicago after certified transcripts of the same 
 shall have been filed in the office of the recorder of Cook county, 
 which transcripts shall contain the names of the parties to the 
 suits, the kinds of actions, the amounts of the judgments or the 
 general nature and effect of the decrees as the case may be, 
 and the dates on which the judgments and decrees were ren- 
 dered; provided, however, that no such orders, judgments or 
 decrees shall be liens upon or affect registered land or any estate 
 or interest therein until a certificate under the hand and official 
 seal of the clerk of the municipal court, stating the date and 
 purport of the judgment, decree or order, is filed in the office 
 of the register of titles of said Cook county, and a memorial 
 of the same is entered upon the register of the last certificate 
 of title to be affected. 
 
 NOTE. 
 
 This section is the same as section 63 of the original act. 
 
 SECTION 64. 
 
 Section 64. That all other judgments of the municipal court 
 ^all have the same force, be of the same effect and be executed 
 and enforced in the same manner as the judgments of the cir- 
 cuit court of Cook county. But no such judgment shall be a lien 
 upon the real estate of the person against whom it is obtained, 
 excepting from the time of the filing of a certified transcript 
 thereof in the office of the recorder of Cook county, which 
 transcript shall contain the names of the parties to the suit.
 
 712 PRACTICE IN THE MUNICIPAL COURT. 
 
 the kind of action, the amount of the judgment and the date 
 upon which the same was rendered, provided, however, that no 
 such judgment shall be a lien upon or affect registered land or 
 any estate or interest therein until a certified transcript thereof 
 is filed in the office of the register of titles of Cook county and 
 a memorial of the same is entered upon the register of the last 
 certificate of title to be affected. The recorder of Cook county 
 shall provide and keep in his office for said municipal court well 
 bound books for entering therein an alphabetical docket of all 
 judgments and decrees rendered in said municipal court as is 
 now required by law for docketing judgments and decrees ren- 
 dered in circuit courts, and shall forthwith, after the filing of 
 any transcript herein provided for, enter the same, together 
 with the hour, day, month and year of the filing of such certified 
 transcript and the general number thereof. Executions issued 
 upon judgments of the municipal court shall in all cases be 
 liens upon all the personal property of the defendants situated 
 within the city of Chicago from the time they are delivered to 
 the bailiff to the same extent as executions out of the circuit 
 court of Cook county when delivered to the sheriff and may 
 be levied upon the property, real or personal, of the defendant 
 situated at any place within the city of Chicago, but no execu- 
 tion upon a judgment other than one of the first or second class 
 shall be a lien upon the real estate of the defendant until the 
 same shall have been levied thereon and a certificate of such 
 levy filed in the recorder 's office of the county in which such real 
 estate is situated. 
 
 NOTE. 
 
 This section is the same as section 64 of the original act, with 
 the addition of the concluding sentence. 
 
 SECTION 65. 
 
 Section 65. That in case it shall be hereafter determined that 
 so much of sections seven (7) and ten (10) hereof as fixes the 
 terms of office of the chief justice and associate judges of the 
 municipal court is invalid, this act shall not on that account be 
 adjudged wholly invalid, but the terms of office of the chief 
 justice and associate judges of said municipal court shall in 
 such case be four (4) years, and they shall hold their offices 
 until their successors shall be elected and qualified, and on the
 
 APPENDIX. 713 
 
 first Tuesday after the first Monday of November, A. D. 1910, 
 and on the first Tuesday after the first Monday of November of 
 every fourth year thereafter there shall be elected a chief justice 
 and twenty-seven (27) associate judges of said municipal court 
 as successors in office of the judges hereby required to be elected 
 on the first Tuesday after the first Monday of November, A. 
 D. 1906, and the terms of offices of the associate judges which 
 may be added to said municipal court in pursuance of section 
 twelve (12) hereof shall be four (4) years. 
 
 NOTE. 
 
 This section is the same as section 65 of the original act, ex- 
 cepting a change of the numbers of the sections therein men- 
 tioned. 
 
 SECTION 66. 
 
 Section 66. That the invalidity of any portion of this act 
 shall not affect the validity of any other portion thereof, which 
 can be given effect without such invalid part. 
 
 note. 
 This section is the same as section 66 of the original act.
 
 INDEX. 
 
 [BEFEBENCES ABE TO THE PAGES.] 
 
 ABANDONMENT- 
 
 Criminal statutory provisions as to, 253. 
 
 Forms of information, 253-254. 
 ABBREVIATED FORMS- 
 
 Of records to be prescribed by chief justice, 38. 
 ABDUCTION- 
 
 Crimiiial statutory provisions as to, 254. 
 
 Forms of information, 254-255. 
 ABORTIFACIENT DRUGS- 
 
 Criminal statutory provisions as to, 255. 
 
 Forms of information, 255-256. 
 
 ACCOUNT- 
 
 Copy of to be filed with declaration, 120. 
 ACCOUNTS- 
 
 Of clerk and bailiff to be audited monthly, 36. 
 
 Chief justice to supervise, 36. 
 ACETYLENE GAS-STORAGE OF- 
 
 Ordinance in regard to, 436. 
 ACKNOWLEDGMENTS- 
 
 Of chattel mortgages, 36. 
 
 Fees for and accounting by clerk, 36. 
 
 ACTIONS. (See Attachment, Attachment of Water Craft, 
 Distress for Rent, Forcible Detainer, Garnishment, Re- 
 plevin, Trover.) 
 
 ACTIONS FOR MONEY ONLY- 
 
 Jurisdiction of municipal court in, 2. 
 
 ACTIONS ON CONTRACTS- 
 
 Jurisdiction of municipal court in, 1. 
 
 ADMINISTRATION- 
 
 In other courts, 522-526. 
 Chief justice, 527-532. 
 Associate judges, 533-538. 
 Clerk, 539-545. 
 Bureau of justice, 546-549. 
 
 715
 
 716 INDEX. 
 
 IBEFEEENCES ABE TO THE PAGES. j 
 
 ADVERSE PARTY- CROSS-EXAMINATION- 
 Provisions of statute, 24. 
 Practice in respect to, 216-17. 
 
 ADVERTISEMENTS IN NEWSPAPERS. (See Prohibited Ad- 
 vertisements IN Newspapers.) 
 
 ADVERTISEMENTS OF CURES, Ac- 
 Ordinance in regard to, 436. 
 
 ADVERTISING QUACK NOSTRUMS- 
 
 Ordinance in regard to, 437. 
 ADULTERATION- 
 
 Criminal statutory' provisions as to, 256. 
 
 Forms of information, 257-270. 
 ADULTERY- 
 
 Criminal statutory provisions as to, 270. 
 
 Forms of information, 270-271. 
 AGREED CASE- 
 
 Provisions of statute as to, 138. 
 
 How made up and certified, 138. 
 
 AGRICULTURE AND HORTICULTURE- 
 
 Criminal statutory provisions as to, 271. 
 
 Forms of information, 271-273, 
 AIR GUN- 
 
 Ordinance in regard to, 437. 
 
 Forms of complaint, 437. 
 
 AMBULANCES AND PHYSICIANS- 
 Ordinanee in regard to, 437. 
 
 AMENDAIENTS- 
 
 Statutory provisions as to, 29, 117. 
 
 Of bills of particulars, 29. 
 
 Of summons, 29. 
 
 Of praecipe, 29. 
 
 Proposed to municipal court act, 653-713. 
 
 AMUSEMENTS- 
 
 Ordinanee in regard to, 437. 
 Forms of complaint, 437. 
 
 ANIM^VLS- 
 
 Ordinance in regard to, 438. 
 Cruelty to, 303-305, 450-451. 
 Exhibiting wild, 464.
 
 INDEX. 717 
 
 [EEFEBENCES ABE TO THE PAGES.] 
 
 ANIMALS AND BIRDS- 
 
 Criminal statutory provisions as to, 273-274. 
 
 Forms of information, 274-277. 
 ANIMALS, HORSES AND VEHICLES- 
 
 Ordinance in regard to, 438. 
 
 Forms of complaint, 438-439. 
 APPEALS- 
 
 How to be taken in cases of first and second classes, 14. 
 
 When to be taken in cases of first and second classes, 14. 
 
 Practice in respect to in cases of first and second classes, 14. 
 
 From judgments of justices of the peace— How taken, 37. 
 
 Decisions on questions of practice reviewable on when, 14. 
 
 To what court to be taken in cases of first and second classes, 14. 
 APPEARANCE- 
 
 When to be entered, 29. 
 
 Li person or in writing, 29. 
 APPELLATE PROCEDURE IN CASES OF FIRST, SECOND 
 AND THIRD CLASSES- 
 
 In general, 236-241. 
 
 Appeal— When prayed, 14, 237. 
 
 When record to be filed, 237. 
 
 Bill of exceptions need not be sealed, 25, 237. 
 
 Formal exceptions unnecessary, 25, 237. 
 
 Original bill of exceptions to be inserted in transcript, 25, 237. 
 
 Rules of practice— Judicial notice of taken by supreme and appel- 
 late courts, 13, 238. 
 
 General ordinances — Judicial notice of taken by supreme and 
 appellate courts, 32, 238. 
 
 Laws of other states and territories— Judicial notice of taken by 
 appellate and supreme courts, 32, 238. 
 
 Rulings on empanelling of juiy— When to be reviewed by appel- 
 late and supreme courts, 23, 238. 
 
 Rulings on questions of practice— When to be reviewed by appel- 
 late and supreme courts,, 14, 238. 
 
 What rulings unconditionally subject to review, 239. 
 
 1. Denying right of trial by jury, 239. 
 
 2. Improperly restricting examination of jurors as to bias, 
 
 239. 
 
 3. Excluding competent evidence, 239. 
 
 4. Admitting incompetent evidence, 239. 
 
 5. Giving improper instructions, 239. 
 
 6. Refusing proper instructions, 239.
 
 718 INDEX. 
 
 [BEFEBENCES ABE TO THE PAGES.] 
 
 APPELLATE PROCEDURE IN CASES OF FIRST, SECOND AND 
 THIRD CLASSES -Continued. 
 
 7. Finding contraiy to law and evidence, 239. 
 
 8. Verdict contrary to law and evidence, 239. 
 
 9. Judgment not warranted by law, 239. 
 
 10. Rulings denying recovery of what party is entitled to, 239. 
 What rulings are rulings in matters of practice, 240. 
 
 1. As to right to open or close, 240. 
 
 2. In empanelling jury, 240. 
 
 3. As to questions on cross-examination, 240. 
 
 4. As to remarks of trial judge, 240. 
 
 5. As to arguments of counsel, 240. 
 
 6. Restricting right of cross-examination, 240. 
 
 7. Limiting arguments to jury, 240. 
 
 8. As to proper methods of serving process, 240. 
 
 Practice rulings reviewed when necessary to prevent failure of 
 justice, 14, 240. 
 APPELLATE PROCEDURE IN CASES OF FOURTH AND 
 FIFTH CLASSES— 
 In general, 241-243. 
 How different from practice in cases in circuit court, 241-243. 
 
 1. Writ of error only, 14, 241. 
 
 2. In revenue cases writ to be sued out of appellate court, 
 
 14, 241. 
 
 3. Stay of execution, 15, 241. 
 
 4. Denial of supersedeas is an affirmance of judgment, 15, 242. 
 
 5. Writ of eiTor by successful party, 15, 242. 
 
 6. Scire facias not to be served, 16, 242. 
 
 7. Presiding judge to sign statement or stenographic report in 
 
 lieu of bill of exceptions, 16, 242. 
 
 8. Exceptions unnecessary, 17, 243. 
 
 9. Reversals must be for substantial errors only, 16, 243. 
 
 10. Decisions on questions of practice not reviewable, 17, 243. 
 
 11. Exceptions unnecessary, 17, 243. 
 
 12. Supreme and appellate courts to take judicial notice of 
 
 rules of practice, municipal ordinances and laws of other 
 states and territories, 13, 32, 243. 
 
 APPRENTICES- 
 
 Criminal statutory provisions as to, 278. 
 Forms of information, 278. 
 ARCHITECTS- 
 
 Criminal statutory provisions as to, 278.
 
 INDEX. 719 
 
 [eEFEBENCES ABE TO THE PAGES.] 
 
 ARREST- 
 
 In quasi criminal cases, 30. 
 
 In proceeding to prevent commission of crime, 419. 
 
 In cases of persons charged with crime, 422-423. 
 
 In search warrant cases, 429. 
 
 When not to be made in quasi criminal case, 30, 431. 
 
 ARREST, EXAMINATION, COMMITMENT AND BAIL- 
 
 Proceedings in regard to, 422-427. 
 
 ARREST OF JUDGMENT- 
 Provisions of statute, 130. 
 Not to require commencement of act anew, 130. 
 
 ARSON- 
 
 Crimmal statutory provisions as to, 278. 
 Forms of complaint, 279. ^ 
 
 ASHES. (See Garbage, Ashes and Refuse.) 
 
 ASPHALT PAVEMENT. (See Spilling Oil on Asphalt Pave- 
 ment.) 
 
 ASSAULT AND BATTERY- 
 
 Crimmal statutory provisions as to, 279. 
 Forms of complaint, 279. 
 
 ASSAULT WITH DEADLY WEAPONS- 
 Criminal statutoiy provisions, 279. 
 Form of information, 280. 
 
 ASSEMBLIES MET FOR WORSHIP. (See Disturbing Assem- 
 blies Met for Worship.) 
 
 ASSESSMENT OF DAMAGES- 
 Statutory provisions, 28, 123. 
 By the court, 28, 123. 
 By the clerk, 123. 
 By a jury, 123. 
 
 ASSIGNATION HOUSES. ( See Houses of III Fame oe Assigna- 
 tion.) 
 
 ASSIGNMENTS OF ERROR- 
 
 As to ruling's on questions of pi'actice, 12, 14, 17. 
 As to rulings on impanelling of jury, 23. 
 
 ASSIGNMENT OF JUDGES— 
 By chief justice, 5.
 
 720 INDEX. 
 
 fBEFEBENCKS ABE TO THE PAGES.] 
 
 ASSOCIATE JUDGES- 
 E lection and terms of, 5. 
 Qualifications of, 8. 
 Oath of, 8. 
 Duties of, 5, 6. 
 
 Additional may be elected, 8-9. 
 Administrative functions, 533-538. 
 
 ATHLETIC FIELDS, &C.-THROWING GLASS BOTTLES AND 
 OTHER THINGS ON- 
 Ordinance in regard to, 442. 
 ATTACHMENT ACT REWRITTEN— 
 
 Sec. 1. Causes of attachment, 148. 
 
 Sec. 2. Affidavit, 149. 
 
 Sec. 3. Names, &e., heirs, &c., 149. 
 
 Sec. 4. Bond, 150. 
 
 Sec. 5. Condition of bond, 150. 
 
 Sec. 6. Writ— Form, 150. 
 
 Sec. 7. Attachment against joint debtor, 151. 
 
 Sec. 8. Execution of writ, 152. 
 
 Sec. 9. Certificate of le\-y, 152. 
 
 See. 10. Serving defendant— Return, 152. 
 
 Sec. 11. Pursuit, 152. 
 
 Sec. 12. Writ issued and served on Sunday, 152. 
 
 Sec. 13. Writs to other counties, 153. 
 
 Sec. 14. Possession— Forthcoming bond, 153. 
 
 Sec. 15. Bond or recognizance to pay judgment, 153. 
 
 Sec. 16. Neglect of sheriff to take bond— Proceedings, 153. 
 
 Sec. 17. Exception to sufficiency of bond— Proceedings, 154. 
 
 Sec, 18. Suit on bond, 154. 
 
 Sec. 19. Sustenance of live stock— Compensation for, 154. 
 
 Sec. 20. Perishable property, 155. 
 
 Sec. 21. Garnishment, 155. 
 
 Sec. 22. Notice by publication, 156. 
 
 Sec. 23. Default, 156. 
 
 Sec. 26. Practice and pleadings, 156. 
 
 Sec. 27. Traversing affidavits, 156. 
 
 Sec. 28. Amendments, 157. 
 
 Sec. 29. Interpleadmg, 157. 
 
 Sec. 30. Set-off, 157. 
 
 Sec. 31. Attachment in aid, 157. 
 
 Sec. 32. In aid of scire facias, 158. 
 
 Sec. 33. Proceedings in aid, 158.
 
 INDEX. 721 
 
 [BEFEBENCES ABE TO THE PAGES.] 
 
 ATTACHMENT ACT REWRITTEN- Continued. 
 
 Sec. 34. Effect of judg-ment, 159. 
 
 Sec. 36. What property levied on, 159. 
 
 Sec. 37. Division of proceeds, 159. 
 
 Sec. 38. Statement of participating judgments, 159. 
 
 Sec. 39. Payment into court, 160. 
 
 Sec. 40. A 1^ Ideals and writs of error, 160. 
 
 Sec. 41. Liberal construction, 160. 
 
 See. 42. Sale of live stock, 160. 
 ATTACHMENT CASES OF FIRST CLASS- 
 
 How practice differs from that in circuit court, 146-160. 
 
 1. Writ— How directed and returnable, 20, 146. 
 
 2. Writ— How served, 20, 146. 
 
 3. Against whom suit may be maintained, 20, 21, 146. 
 
 4. Publication of notice, 20, 146. 
 
 ATTACHMENT CASES OF FOURTH AND FIFTH CLASSES- 
 How practice differs from that in circuit court, 147-148. 
 
 1. Where suit is to be brought, 21, 147. 
 
 2. Suit against corporation having principal office in Chicago^ 
 
 21, 147. 
 
 3. Suit against corporation not having principal office in Chi- 
 
 cago, 22, 147. 
 
 4. Suit against non-resident, 22, 147. 
 6. No written pleadings, 29, 147. 
 
 6. Writs— How returnable, 29, 147. 
 
 7. Bill of particulars, 29, 148. 
 
 8. Mode of trial and proceedings, subsequent to trial, 30, 148. 
 ATTACHMENT OF WATER CRAFT CASES- 
 
 How different from practice in circuit court, 161. 
 ATTACHMENT OF WATER CRAFT ACT REWRITTEN- 
 Sec. 1. For what lien given, 161. 
 Sec. 2. Lien on goods for freight, 162. 
 Sec. 3. Limitation, 162. 
 Sec. 4. Petition, 162. 
 Sec. 5. Bond, 162. 
 
 Sec. 6. Writ— Names of defendants, 163. 
 Sec. 7. Form of writ, 163. 
 Sec. 8. Execution of writ — Return, 164 
 Sec. 9. Only one attachment, 164. 
 Sec. 10. Notice by publication and mail, 164. 
 Sec. 11. Intervening creditors, &c., 165. 
 Sec. 12. Bond by intervener, 165. 
 46
 
 722 INDEX. 
 
 [BEFEBENCES ABE TO THE PAGES.] 
 
 ATTACHMENT OF WATER CRAFT ACT REWRITTEN- Contin- 
 ued. 
 
 Sec. 13. When intervening petition may be filed— Proceedings, 165. 
 
 Sec. 14. Liens not filed to cease, 165. 
 
 Sec. 15. Bonding vessel, 165. 
 
 Sec. 16. Appraisements— Restitution— Sale, 166. 
 
 Sec. 17. Order of restitution, &c., 166. 
 
 Sec. 18. Additional security, 166. 
 
 Sec. 19. Answer— Atiidavit of merits— Default, 167. 
 
 Sec. 20. Amendments— New parties, 167. 
 
 Sec. 21. Judgment when vessel discharged, 167. 
 
 Sec. 22. Judgment when vessel in custody, 167. 
 
 Sec. 23. Order of sale, 168. 
 
 Sec. 24. Proceedings on sale, 168. 
 
 Sec. 25. Bill of sale— Evidence— Effect, 168. 
 
 Sec. 26. Distribution, 168. 
 
 Sec. 27. Remnants, 169. 
 
 Sec. 28. Power of court in distribution, 169. 
 
 Sec. 29. Appeal— Error, 169. 
 ATTEMPTS- 
 
 Criminal statutory provisions as to, 280. 
 
 Form of information, 280. 
 ATTORNEYS- 
 
 Criminal statutory provisions as to, 280. 
 
 Forms of information, 281. 
 AUCTIONS AND AUCTIONEERS- 
 
 Ordinance in regard to, 440. 
 
 Forms of complaint, 440. 
 AUDIT- 
 
 Of accounts of clerk and bailiff, 36. 
 
 AUTOMOBILES- 
 
 Criminal statutory provisions as to, 281. 
 
 Forms of information, 281-282. 
 
 Ordinance in regard to, 440. 
 
 Forms of complaint, 440-441. 
 
 Injuries by, 481. 
 
 Forms of complaint for injuries by, 480-481. 
 AUTOMOBILES, LIVERY AND BOARDING STABLES AND 
 GARAGES- 
 
 Ordinanee in regard to, 441. 
 AUTOMOBILES-PUBLIC FOR PASSENGERS— 
 
 Ordinance in regard to, 441.
 
 INDEX, 723 
 
 [BEFEEENCES ABE TO THE PAGES.] 
 
 AUTOMOBILES-USED AS PUBLIC CARTS— 
 
 Ordinance in regard to, 442. 
 BAILIFF— 
 
 Election and term of, 10. 
 
 Duties of, 10-11. 
 
 Appointment of deputies by, 11-12. 
 
 Prohibited from accepting gratuities, 12. 
 
 Fees collected bj' to be accounted for, 36. 
 
 Administrative functions, 546-549. 
 
 BAKERY- SLEEPING ROOMS IN. (See Sleeping Rooms in 
 Bakery, &c.) 
 
 BALL ALLEYS- 
 
 Ordinanee in regard to, 443. 
 
 Forms of complaint, 443. 
 BANKS- 
 
 Criminal statutory provisions as to, 282. 
 BARBED WIRE FENCE- 
 
 Ordinance in regard to, 442. 
 BARRATRY AND MAINTENANCE- 
 
 Criminal statutoiy provisions as to, 282. 
 
 Forms of complaint, 282-283. 
 BARRICADE ON SIDEWALKS- 
 
 Ordinance in regard to, 442. 
 BASTARD. (See Concealing Death op Bastard.) 
 BATHING WITHIN CITY LIMITS- 
 
 Ordinance in regard to, 442. 
 
 Forms of complaint, 442. 
 
 BERRIES. (See Fruits, Berries and Vegetables.) 
 
 BICYCLE RIDING- 
 
 Criminal statutory pi'ovisions as to, 283. 
 Forms of information, 283. 
 
 BICYCLES-INJURIES BY. (See Injuries by Automobiles, Bi- 
 cycles, Carriages, &c.) 
 
 BILLIARDS AND POOL TABLES, BOWLING OR PIN AND 
 BALL ALLEYS- 
 
 Ordinanee in regard to, 443. 
 Forms of complaint, 443. 
 
 BILL IN EQUITY- 
 
 To set aside judgment, 13.
 
 724 INDEX. 
 
 [nEFERENCES ABE TO THE PAGES.] 
 
 BILL POSTERS AND POSTING- 
 
 Ordinance in regard to, 443. 
 
 Forms of complamt, 443-444. 
 BILLS OF PARTICULARS- 
 
 In general, 198-200. 
 
 Forms of in actions on contracts not in writing, 201-204. 
 
 1. Goods sold and delivered, 201. 
 
 2. Goods bargained and sold, 201. 
 
 3. Labor and services, 201. 
 
 4. Work and materials, 202. 
 
 5. Money loaned, 202. 
 
 6. Money expended, 202. 
 
 7. Money received, 202. 
 
 8. Account stated, 202. 
 
 9. Board and lodging, 202. 
 
 10. Hire of horses, carriages, etc., 202. 
 
 11. Care and keeping of horses, cattle, &c., 203. 
 
 12. Physician's bill, 203. 
 
 13. Attorney's bill, 203. 
 
 14. Storage of goods, 203. 
 
 15. Use and occupation, 203. 
 
 16. Warranty, 203. 
 
 17. Breach of promise of marriage, 203. 
 
 18. Injury to property hii-ed, 204. 
 
 19. Injury to or loss of goods delivered to a common carrier, 
 
 204. 
 
 20. Non-acceptance of goods sold, 204. 
 
 21. Non-acceptance of goods manufactured for defendant, 204. 
 
 22. Non-delivery of goods, 204. 
 
 23. Goods sold to third person, 204. 
 
 Forms of in actions on contracts in writing, 204-208. 
 
 1. Promissory notes, 204. 
 
 2. Bills of exchange, 205. 
 
 3. Lease of real estate, 205. 
 
 4. Policy of life insurance, 206. 
 
 5. Policy of fire insurance, 206. 
 
 6. Special contract in writing, 206. 
 
 7. An award in writing, 207. 
 
 8. A judgment recovered, 207. 
 
 9. An appeal bond, 207. 
 
 10. An attachment bond, 207. 
 
 11. A forthcoming bond, 208. 
 
 12. A surety bond, 208.
 
 INDEX. 725 
 
 [references are to the pages.] 
 
 BILLS OF PARTICULARS -Continued. 
 
 Forms of in actions on contracts not in writing, 201-204. 
 
 1. Malicious prosecution, 209. 
 
 2. False imprisonment, 209. 
 
 3. Assault and battei-y, 209. 
 
 4. Slander, 209. 
 
 5. Libel, 209. 
 
 6. Keeping mischievous animals, 209. 
 
 7. Criminal conversation, 209. 
 
 8. Debauching servant, 209. 
 
 9. Enticing away apprentice, 210. 
 
 10. Conversion of personal property, 210,- 
 Forms of in actions on statutory liabilities, 210-212. 
 
 1. Under dram shop act, 210. 
 
 2. Under mining laws, 210. 
 
 3. Under fire escape act, 210. 
 
 4. Under replevm act against sheriff, 211. 
 
 5. On an unpaid stock subscription, 211. 
 
 6. AgainsI a direotor of a corporation, 211. 
 
 7. Reeoveiy of nioiicy lost by g'ambling, 211. 
 
 8. Recovery of treble amount lost by gambling, 211. 
 
 9. Under civil rights law, 211. 
 
 10. Under railroad and warehouse act, 212. 
 
 11. For propelling steam engine on public highway, 212. 
 
 12. For propellmg automobile on public highway, 212. 
 
 13. For unlawfully obstructing a highway, 212. 
 Forms of in actions for negligence, 212-21G. 
 
 1. Collision with street ear, railway car, wagon, automobile 
 
 or other conveyance, 212. 
 
 2. Injuries to passengers, 213. 
 
 3. Injuries to employees by machinery, 213. 
 
 4. Loss of or injury to personal property by common car- 
 
 riers, 213. 
 
 5. Loss of or injury to personal property by innkeepers, 213. 
 
 6. Negligence of attorneys, 213. 
 
 7. Negligence of sheriff, 214. 
 
 8. Malpractice of physician, 214. 
 
 9. Malpractice of surgeon, 214. 
 
 10. Negligence of landlord, 214. 
 
 11. Negligence of occupant of premises, 214. 
 
 12. Negligence of bailee of personal property, 215. 
 
 13. Injuries from explosion of boiler, 215.
 
 726 INDEX. 
 
 [befebences are to the pages.] 
 
 BILLS OF PARTICULAKS— Continued. 
 
 14. Injuries through unsafe machinery, 215. 
 
 15. Elevator injuries, 215. 
 
 16. Sidewalk injuries, 215. 
 
 BIRDS. (See Animals and Birds.) 
 
 BIRTHS AND DEATHS- 
 
 Ordinance in regai-d to, 444. 
 BLANKS— 
 
 To be provided at expense of city, 5. 
 
 BLASTING- 
 
 Ordinance in regard to, 444. 
 Forms of complaint, 444-445. 
 BOARDING STABLES- 
 
 Ordinance in regard to, 441. 
 
 BONDS- 
 
 Frinted blanks for to be furnished by clerk, 28. 
 
 Chief justice to prescribe forms of, 28. 
 
 In attachment cases, 150. 
 
 In replevin cases, 174. 
 
 In criminal cases, 31. 
 
 In quasi criminal cases, 31. 
 
 To be provided by clerk when, 133. 
 
 For stay of proceedings in fourth and fifth class cases, 15, 
 
 BOOKS— 
 
 To be provided at expense of city, 5. 
 
 BOUNDARIES OF DISTRICTS- 
 
 How fixed, 3-4. 
 
 How changed, 4. 
 BOWLING ALLEYS - 
 
 Ordinance in regard to, 443. 
 
 Forms of complaint, 443. 
 
 BRANCH COURTS- 
 
 Number of— How determined— How designated, 4, 
 Power of chief justice with respect to, 4. 
 At least one to be provided in each district, 4. 
 Place of holding to be provided by city, 4. 
 Powers of judges with respect to, 4. 
 
 BREAD- 
 
 Ordinance in regard to, 444. 
 Forms of complaint, 444.
 
 INDEX. 727 
 
 [bEFEBENCES ABE TO THE PAGES.] 
 
 BREWERS AND DISTILLERS- 
 
 Ordinance in regard to, 445. 
 
 BRIBERY- 
 
 Criminal statutoiy provisions as to, 283 
 BRIDGES. (See Harbor, Harbor Master, Bridges, Wharves aitd 
 
 Vessels.) 
 BROKERS- 
 
 Ordinance in regard to, 445. 
 
 Forms of complaint, 445-446. 
 BUILDING REGULATIONS- 
 
 Ordinance in regard to, 446. 
 BUILDINGS - 
 
 Ordinance in regard to, 446. 
 
 BUILDINGS-WRECKING OF- 
 Ordinance in regard to, 446. 
 
 BURGLARS' TOOLS- 
 
 Ordinance in regard to, 446. 
 Foi-ms of complaint, 446-447. 
 
 BURIAL OF THE DEAD- 
 Ordinance in regard to, 447. 
 
 CABBAGE PLANT - 
 
 Ordinance in regard to, 447. 
 Forms of complaint, 447. 
 
 CABS, CARRIAGES, HACKS AND OMNIBUSES- 
 Ordinanee in regard to, 447. 
 
 CALF— IMMATURE. (See Immature Calf, Pig or Lamb.) 
 
 CANADA THISTLES- 
 
 Criminal statutory provisions as to, 284. 
 Forms of complaint, 284. 
 
 CANAL- 
 
 Criminal statutoiy provisions as to, 284. 
 Forms of complaint, 285. 
 
 CALENDARS- 
 
 Of cases— How prepared, 5. 
 
 Power of chief justice with respect to, 5. 
 
 Distribution of cases on, 5. 
 CANNED FOOD. (See Falsely Stamping Canned or Preserved 
 
 Food.)
 
 728 INDEX. 
 
 [references are to the pages.] 
 
 CANNON. (See Fire Arms, Fire Works and Cannon.) 
 
 CAPTAIN OF POLICE- 
 Power of to take bail, 31. 
 
 CARRIAGES- 
 
 Ordinance in regard to, 447. 
 
 Injuries by, 480-481. 
 CASE- 
 
 Distinetion between and trespass abolished, 117. 
 
 CASES OF FIRST CLASS- 
 
 Cases included withm, 1. 
 
 Jurisdiction of municipal court in, 2. 
 
 Practice in, 12, 20, 86-93. 
 
 Appeals in, 14. 
 
 Writs of error in, 14. 
 CASES OF SECOND CLASS- 
 
 Cases included within, 1. 
 
 Jurisdiction of munieii^al court in, 2. 
 
 Practice in, 17, 94-98. 
 
 Appeals, in, 14. 
 
 Writs of error in, 14. 
 CASES OF THIRD CLASS- 
 
 Cases included within, 2. 
 
 Jurisdiction of municipal court in, 2. 
 
 Practice in, 12, 19, 244-249. 
 
 Writs of error in, 14. 
 CASES OF FOURTH CLASS- 
 
 Cases included within, 2. 
 
 Jurisdiction of municipal court in, 2. 
 
 Practice in, 21-22, 26, 29, 99-108. 
 
 Writs of error in, 14, 17. 
 CASES OF FIFTH CLASS- 
 
 Cases included within, 2. 
 
 Jurisdiction of municipal court in, 2. 
 
 Practice in, 21, 22, 26, 29, 99, 108. 
 
 Writs of error in, 14, 17. 
 CASH BAIL- 
 
 When to be taken, 31. 
 
 CASTING RINDS AND PEELS ON SIDEWALK- 
 Ordinanee in regard to, 447. 
 Forms of complaint, 448.
 
 INDEX. 729 
 
 [BEFEEENCES ABE TO THE PAGES.] 
 
 CASTOR BEANS- 
 
 Criminal statutory provisions as to, 285. 
 Form of complaint, 285. 
 
 CATTLE AND SWINE- 
 
 Ordinance in regard to, 448. 
 
 CEMETERIES- 
 
 Criminal statutoiy provisions as to, 285-28G. 
 Forms of complaint, 286. 
 
 CESS-POOL. (See Privy, Vault, Sink and Cess-Pool.) 
 
 CHANGES OF VENUE- 
 
 In general, 26, 219-220. . 
 
 Difference between practice in municipal court and that in circuit 
 court in first and second class cases, 219. 
 
 No terms in municipal court, 21, 219. 
 
 Difference between practice in municipal court and that in circuit 
 court in third, fourth and fifth class cases on account of preju- 
 dice of judge, 219. 
 
 1. Only one judge to be named in petition, 26, 219. 
 
 2. When petition to be filed, 26, 219. 
 
 3. Granting of lapplication not to delay trial, 26, 219. 
 
 CHANGING FROM STEAM TO ELECTRIC POWER- 
 Ordinance in regard to, 448. 
 
 CHANGING BOUNDARIES OF DISTRICTS- 
 How accomplished, 4. 
 
 CHARGING THE JURY- 
 
 In general, 25, 224, 235. 
 
 History of practice in regard to, 224, 228. 
 
 May be given orally or in writing, 25. 
 
 Practice in respect to in municipal court, 25, 234, 235. 
 
 Exceptions to be taken before jui-y retire, 235. 
 
 CHARITIES - 
 
 Criminal statutory provisions as to, 286. 
 Forms of infonnation, 286-287. 
 
 CHICAGO- 
 
 Ordinanees of, 436, 520. 
 
 To provide places for holding bi-lanch courts, 4. 
 To provide seals, blanks, books, etc., 4, 5. 
 Divided into districts, 4.
 
 730 INDEX. 
 
 [refebekces ake to the pages.] 
 
 CHIEF JUSTICE- 
 
 Election and term of, 5. 
 
 Qualifications of, 8. 
 
 Oath of, 8. 
 
 Duties of, 5, 6, 18, 25, 27, 28, 38. 
 
 Administrative functions, 527, 532. 
 
 CHIEF OF POLICE- 
 
 Power of to take bail, 31. 
 CHILDREN- 
 
 Criminal statutory provisions, 288. 
 Forms of information, 288, 289. 
 Cruelty to, 288, 451, 454. 
 
 CIGARETTES- 
 
 Ordinance in regard to, 448. 
 Forms of complaint, 448. 
 
 CIGAR REFUSE- 
 
 Ordinanee in regard to, 448. 
 
 CIRCUIT COURT OF COOK COUNTY— 
 
 May transfer eases to municipal court, 17. 
 
 Power of with respect to cases transferred, 17. 
 
 Jurisdiction of municipal court in cases transferred from, 1, 2. 
 
 CITIES, VILLAGES AND TOWNS- 
 
 Criminal statutoiy provisions as to, 289, 290. 
 Forms of information, 290, 293. 
 
 CIVIL RIGHTS- 
 
 Crimmal statutory provisions as to, 293, 294. 
 
 Form of information, 294. 
 CIVIL SERVICE- 
 
 Criminal statutoiy provisions as to, 294, 295. 
 
 CLAY HOLES AND EXCAVATIONS- 
 Ordinance in regard to, 448. 
 
 CLEANING GOODS IN STREETS- 
 Ordinanee in regard to, 449. 
 
 CLERK- 
 
 Election 'and term of, 9. 
 
 Duties of, 9. 
 
 Appointment of deputies by, 9. 
 
 Prohibited from accepting gratuities, 12. 
 
 Monies collected by to be paid over, 35, 36.
 
 INDEX, 731 
 
 [beFEBENCES ABE TO THE PAGES.] 
 
 CLERK- Continued. 
 
 Fees collected to be accounted for, 36. 
 
 Acknowledgment of chattel mortgages by, 36. 
 
 Judgments may be paid to, 32. 
 
 Administrative functions, 539, 543. 
 CLERKS OF COURTS- 
 
 Criminal statutory provisions ^s to, 295. 
 COAL- 
 
 Ordinance in regard to, 449. 
 COCAINE- 
 
 Criminal statutoiy provisions as to, 295. 
 
 Forms of information, 296. 
 
 Ordinance in regard to, 449. 
 COCAINE-SALE OF- 
 
 Ordinance in regard to, 449. 
 
 Forms of complaint, 449. 
 COLORING GRAIN- 
 
 Criminal statutory provision as to, 296. 
 
 Forms of information, 296, 297. 
 COMMON CARRIERS OF OIL- 
 
 Ordinance in regard to, 450. 
 COMPLAINTS- 
 
 To be received and investigated by judges, 6. 
 
 Power of judges with respect thereto, 6. 
 
 Pertaining to the court, 6. 
 
 Pertaining to the officers of the court, 6. 
 
 In criminal cases, 250, 430. 
 
 In quasi criminal cases, 433, 434. 
 
 Forms of in quasi criminal cases, 436, 520. 
 COMPOUNDING A CRIME- 
 
 Criminal statutoiy provisions as to, 297. 
 
 Form of information, 297. 
 
 CONCEALING DEATH OF BASTARD- 
 Criminal statutoiy provisions as to, 297. 
 Form of information, 298. 
 
 CONCEALING PROPERTY- 
 
 Criminal statutoiy provisions as to, 298. 
 
 Form of complaint, 298. 
 CONCEALED WEAPONS - 
 
 Ordinance in regard to, 450.
 
 732 INDEX. 
 
 [BEFEBENCES ABE TO THE PAQES.] 
 
 CONFERENCE COMMITTEE- 
 Report of, adopted, 44. 
 
 CONSPIRACY TO INDICT- 
 
 Criminal statutory provisions as to, 299. 
 Form of information, 299. 
 CONSTABLES- 
 
 In Chicago to be abolished on first Monday of December, 1906, 
 3G-37. 
 CONSTITUTIONAL QUESTIONS- 
 In general, 45, 49. 
 As to jurisdiction, 50, G3. 
 
 In cases of first class where some one or more of defendlants 
 
 reside in State outside of Chicago, 50, 58. 
 In cases transferred from circuit or superior court, 58, 59. 
 As to practice provisions, 63, 86. 
 
 Provisions for making rules, 63, 76. 
 
 Provisions limiting power of appellate and supreme court to 
 
 review decisions on questions of practice, 76, 79. 
 Provisions requiring appellate and supreme courts to take 
 
 judicial notice of rules of municipal court, 79, 80. 
 Provision limiting time for suing out writ of error, 80, 81. 
 Provisions for empanelling jurors, 81, 82. 
 Provisions affecting right of trial by juiy, 82, 84. 
 Provisions as to changes of venue, 84, 85. 
 
 CONSTRUCTION OF SCAFFOLDS- 
 
 Ordinanee in regard to, 450. 
 CONTAGIOUS DISEASES AND INFECTED ARTICLES- 
 
 Ordinanee in regard to, 450. 
 CONTRACTS- 
 
 Jurisdiction of municipal court in actions on, 1. 
 
 Bills of particulars in actions on, 201, 208. 
 
 CONVERSION- 
 
 Of personal property— action for, 1. 
 COPY OF INSTRUMENT OR ACCOUNT- 
 
 To be filed with declaration, 116. 
 
 To be filed with plea of set-off, 120. 
 
 CORAM NOBIS- 
 
 Writ of error of abolished, 132. 
 
 CORONERS- 
 
 Crimiiial statutoi-y provisions as to, 299.
 
 LNDEX. 733 
 
 [references are to the pages.] 
 
 CORPORATE AUTHORITIES- 
 
 To provide places for holding branch courts, 4. 
 Expenditures may be authorized by, 5. 
 
 CORPORATIONS- 
 
 Criminal statutory provisions as to, 299, 300. 
 Form of information, 301, 302. 
 Service of process on in cases of first class, 20. 
 Sei-viee of process on in cases of fourth and fifth classes, 27. 
 Cases of first class against— where to be brought, 20. 
 Cases of fourth and fifth classes against — where to be brought, 
 21, 22. 
 
 COSTS- 
 
 In civil cases, 33, 35. 
 
 In criminal cases, 35. 
 
 In quasi criminal cases, 35. 
 
 In City of Chicago cases, 36. 
 
 Advance payment of when trial by jury demanded, 33, 34. 
 
 Payable to clerk, 33, 36. 
 
 Payable to bailiff, 33, 36. 
 
 For acknowledgments and entering memoranda, 36. 
 
 To be accounted for by clerk and bailiff, 36. 
 
 Accounts of to be audited, 36. 
 
 To be paid to the city of Chicago, 36. 
 
 Advance payment of— when to be waived, 35. 
 
 COUNTIES— 
 
 Criminal statutory provisions as to, 302. 
 
 COUNTY TREASURER- 
 
 Criminal statutory provisions as to, 302, 303. 
 
 CRIME, COMPOUNDING A. (See Compounding a Crime.) 
 
 CRIMINAL CASES. (See Misdemeanors— Statutory.) 
 In general, 244, 249. 
 Jurisdiction of municipal court in, 1, 2. 
 Transfer of from criminal court of Cook coimty, 17. 
 Misdemeanors prosecuted by information, 19. 
 Forms of information and complaints in, 253, 417. 
 Practice in, 17, 19, 244, 249. 
 Bail in, 31. 
 
 Police officei's to act as deputy bailiffs in, 11, 12. 
 Statutory provisions in respect to, 250, 418. 
 Forms of information and complaint in respect to, 250, 481.
 
 734 INDEX. 
 
 [beferences are to the pages.] 
 
 CRIMINAL COURT OF COOK COUNTY- 
 
 May transfer eases to the municipal court, 17. 
 l^ower with respect to criminal cases transferred, 17. 
 Jurisdiction of municipal court in cases transferred from, 1, 2. 
 
 CRUELTY TO ANIMALS - 
 Ordinance in regard to, 450. 
 Forms of complaint, 450, 451. 
 Criminal statutory provisions as to, 303. 
 Forms of complaint, 303, 305. 
 
 CRUELTY TO CHILDREN- 
 Ordinance in regard to, 451. 
 Forms of complaint, 452, 454. 
 
 DAYTON STREET MARKET- 
 Ordinance in regard to, 454. 
 
 DEADLY WEAPONS- 
 
 Ordinance in regard to, 455. 
 
 Criminal statutory provisions as to, 305. 
 
 Forms of complain, 306. 
 
 DEFACING PUBLIC BUILDINGS, &e.- 
 Ordinance in regard to, 455. 
 Forms of complaint, 455. 
 
 DEFACING SIGNS, FENCES, &c.-^ 
 Ordinance in regard to, 455. 
 Forms of complaint, 455. 
 
 DEFAULT- 
 
 Entered for want of appearance, 123. 
 How and when set aside, 123. 
 Assessment of damages on, 123. 
 In cases of fourth and fifth classes, 28. 
 
 DEFENSES- 
 
 Nature of— How ascertained before trial, 27. 
 
 DEFORMED LIMBS, (See Exposing Deformed or Mutilated 
 Limbs.) 
 
 DELICATESSEN STORES- 
 Ordinance in regard to, 486. 
 Fonns of complaint, 486. 
 
 DEPARTMENT OF HEALTH. (See Health Department.)
 
 INDEX. 735 
 
 [EEFEBENCES ABE TO THE PAGES.] 
 
 DEPUTY BAILIFFS - 
 How appointed, 11. 
 Salaries — How fixed, 11. 
 How removed, 11. 
 Not to accept gratuities, 12. 
 Police officers to be ex officio. 
 
 DEPUTY clerks- 
 How appointed, 9. 
 Salaries— How fixed, 9. 
 How removed, 10. 
 May be shorthand reporters, 10. 
 To assist parties to suits, 10. 
 Not to accept gratuities, 12. 
 
 DESIGNATION OF BRANCH COURTS— 
 
 By numbers or otherwise, 4. 
 
 To be made by chief justice, 4. 
 DETECTIVE AGENCIES- 
 
 Ordinance in regard to, 456. 
 DISMISSAL- 
 
 Of suit not allowed after filing of plea or notice of set-off. 120. 
 DISORDERLY HOUSES. (See III Governed or Disorderly 
 
 Houses.) 
 DISCHARGE- 
 
 Of defendant in criminal case for want of prosecution, 19. 
 DISORDERLY CONDUCT- 
 
 Criminal statutory provisions as to, 307. 
 
 Forms of complaint, 307, 309. 
 
 Ordinance in regard to, 456. 
 
 Forms of complaint in ordinance cases, 456, 458. 
 DISTILLERS- 
 
 Ordinance in regard to, 445. 
 DISTRIBUTING MEDICINE- 
 
 Ordinance in regard to, 458. 
 
 DISTRIBUTION OF HAND-BILLS- 
 
 Ordin'ance in regard to, 458. 
 
 Forms of complaint, 458. 
 DISTRESS FOR RENT- 
 
 Jurisdiction of municipal court in, 1, 2. 
 
 Practice in eases of first class of, 20, 177. 
 
 Where cases of the fourth class of are to be brought, 177.
 
 736 INDEX. 
 
 [BEFEEENCES ABE TO THE PAGES.] 
 
 DISTRESS FOR RENT- Continued. 
 Claim for rent in cases of, 29. 
 
 How practice in cases of the fourth class differs from that in the 
 circuit court, 178. 
 
 1. No written pleadings, 29, 178. 
 
 2. Summons — how returnable, 29, 178. 
 
 3. Mode of trial and proceedings subsequent to triial, 30, 178. 
 
 DISTRESS FOR RENT STATUTE REWRITTEN- 
 Sec. 16. What property may be distrained, 178. 
 Sec. 17. Return of distress warrant— Inventory, 179. 
 Sec. 18. Summons — Returnable, 179. 
 Sec. 19. Notice to non-residents, &c., 179. 
 Sec. 20. Proceedings— Pleading, 179. 
 Sec. 21. Setoff, 180. 
 Sec. 22. Judgment for plaintiff, 180. 
 Sec. 23. Effect of judgment when defendant served, 180. 
 Sec. 24. Judgment by default when defendant not served, 180. 
 Sec. 25. When judgment in favor of defendant — Setoff, 180. 
 Sec. 26. Release of property distrained— Bond, 180. 
 Sec. 27. Perishable property, 181. 
 
 DISTRICTS- 
 
 City divided into, 3-4. 
 
 Boundaries of, 3-4. 
 
 Number and boimdaries of— How changed, 4. 
 
 DISTURBING ASSEMBLIES MET FOR WORSHIP— 
 
 Ordinance in regard to, 459. 
 
 Forms of complaint, 459. 
 
 Criminal statutory provisions as to, 307. 
 
 Forms of complaint, 308. 
 
 DIVORCE- 
 
 Criminal statutory provisions as to, 309. 
 
 DOGS- 
 
 Ordinance in regard to, 459. 
 Forms of complaint, 459. 
 
 DRAINAGE- 
 
 Criminal statutory provisions as to, 309. 
 
 DRAINS AND SEWERS- 
 Ordinance in regard to, 459. 
 Forms of complaint, 459, 460.
 
 INDEX. 737 
 
 [eefebences ake to the pages.] 
 
 DRAMSHOPS. (See Saloons and Dramshops.) 
 Criminal statutoiy provisions as to, 310. 
 Forms of information, 310-313. 
 
 DRAYS. (See Public Carts, Express Wagons, Furniture Vans, 
 
 Trucks, Drays, &c.) 
 DRINKING WATER- 
 
 Ordinance in regard to, 460. 
 DRIVERS - 
 
 Criminal statutory provisions as to, 313. 
 
 Forms of complaint, 313. 
 DRUGGISTS- 
 
 Ordinance in regard to, 460. 
 
 Forms of complaint, 460-462. 
 DRUGS. (See Abortifacient Drugs.) 
 
 Criminal statutory provisions as to, 314. 
 
 Forms of complaint, 314-315. 
 DRUNKENNESS- 
 
 Criminal statutory provisions as to, 315. 
 
 Form of complaint, 315-316. 
 DUELING- 
 
 Criminal statutory provisions as to, 316. 
 
 Forms of information, 316, 317. 
 
 DUST-FEATHERS-NOXIOUS MATTERS— 
 
 Ordinance in regard to, 462. 
 DUTIES- 
 
 Of chief justice, 4, 5, 6, 18, 19, 25, 28, 36, 62. 
 
 Of associate judges, 6, 9, 10, 11, 12, 13. 
 
 Of clerk, 9. 
 
 Of deputy clerks, 10. 
 
 Of bailiff, 10, 11. 
 
 Of deputy bailiffs, 11, 12. 
 DYNAMITE. (See Gun Powder, Dynamite and High Explosives.) 
 ELECTION- 
 
 Of judges and associate judges, 7. 
 
 Of additional judges, 8. 
 
 Of judges in case of invalidity of sections 9 and 12, 39. 
 
 Of clerk, 9. 
 
 Of bailiff, 9. 
 ELECTIONS- 
 
 Criminal statutory provisions as to, 317, 318. 
 47
 
 738 INDEX. 
 
 [befeeences ake to the pages.] 
 
 ELECTRICITY- 
 
 Ordinance in regard to, 462. 
 Forms of complaint, 462, 463. 
 
 ELECTRIC WIRES OR RAILWAYS- 
 
 Ordinance in regard to, 463. 
 
 ELECTROLYSIS- 
 
 Ordinanee in regard to, 463. 
 
 ELEVATED PLATFORMS. (See Signs-Illuminated on Ele- 
 vated Platforms.) 
 
 ELEVATED RAILROADS- 
 
 Ordinauce in regard to, 463. 
 
 ELIGIBILITY- 
 
 Of judges, 7, 8. 
 
 EMBEZZLEMENT- 
 
 Criminal statutory provisions as to, 321, 325. 
 
 EMPLOYMENT- 
 
 Criminal statutory provisions as to, 325. 
 Forms of complaint, 326, 342. 
 
 ENFORCEMENT OF JUDGMENTS- 
 
 In cases of the Urst and second classes, 38. 
 
 In cases of the third, fourth and fifth classes, 39. 
 
 ENTRIES- 
 
 Abbreviated forms of, to be prescribed by chief justice, 38. 
 
 EQUITY- 
 
 Jurisdietiou of municipal court in, 1. 
 
 ERROR- 
 
 Assignment of, as to nilings on matters of practice, not allowed, 
 
 12, 14, 17. 
 Writs of. (See Error^ Writs of.) 
 
 ERRORS-WRITS OF- 
 
 To what court to be taken in cases of first, second and third 
 
 classes, 14. 
 Practice in respect to in cases of first, second and third classes, 
 
 14, 236, 240. 
 To what court to be taken in cases of fourth and fifth classes, 14. 
 Practice in respect to in cases of fourth and fifth classes, 14, 17, 
 
 241, 243. 
 Decisions on questions of practice reviewable on when, 17. 
 
 I
 
 INDEX. ' 739 
 
 [BEFEBENCES ABE TO THE PAGES.] 
 
 ESCAPE- 
 
 Criminal statutory provisions 'as to, 342. 
 
 Forms of information, 342, 344. 
 ESTRAYS AND LOST PROPERTY- 
 
 Criminal statutoiy provisions as to, 344, 345. 
 EXAMINATION OF ADVERSE PARTIES- 
 
 Interrogatories may be filed, 24. 
 
 Number and character of interrogatories, 216, 217. 
 
 Cross-examination at trial, 24, 216. 
 
 Re-examination not permissible, 217. 
 
 EXCAVATIONS. (See Clay Holes and Excavations.) 
 Ordinance in regard to, 448, 462. 
 
 EXECUTIONS- 
 
 On judgments of justice of the peace, and by whom issued, 37. 
 On judgments of municipal court, 38, 39. 
 
 EXHIBITING WILD ANIMALS - 
 Ordinance in regard to, 464. 
 
 EXHIBITIONS OF ANIMALS-INDECENT. (See Indecent Ex- 
 hibitions OF Animals.) 
 
 EXPENDITURES- 
 
 Not otherwise provided for may be authorized by City Council, 5. 
 
 EXPLOSIVES- 
 
 Ordinance in regard to, 464. 
 
 Criminal statutoi-y provisions as to, 345. 
 
 Forms of information, 345, 346. 
 
 EXPOSING DEFORMED OR MUTILATED LIMBS- 
 Ordinance in regard to, 464. 
 
 EXPOSURE— INDECENT. (See Indecent Exposure.) 
 
 EXPRESS WAGONS. (See Public Carts, Express Wagons and 
 
 Furniture Vans.) 
 EXTORTION- 
 
 Criminal statutoi-y provisions as to, 346. 
 
 Forms of information, 346, 347. 
 
 FALSE ADVERTISEMENTS- 
 
 Criminal statutory provisions as to, 348. 
 Forms of complaint, 348, 349. 
 
 FALSE IMPRISONMENT- 
 
 Criminal statutory provisions as to, 349, 350. 
 Forms of infoi-mation, 350.
 
 740 INDEX. 
 
 [references are to the pages.] 
 
 FALSELY PERSONATING ANOTHER- 
 Criminal statutory provisions as to, 353. 
 rorms of information, 353, 354. 
 
 FALSE PRETENSES- 
 
 Criininal statutoiy provisions as to, 350. 
 
 Forms of information, 350, 353. 
 FALSE REPRESENTATIONS BY MINORS- 
 
 Ordinance in reg'ard to, 487. 
 
 Forms of complaint, 487. 
 FALSELY STAMPING CANNED OR PRESERVED FOOD- 
 
 Criminal statutory provisions as to, 354. 
 
 Forms of information, 354, 355. 
 FAULTY COUNTS- 
 
 Disregarded, 128. 
 FEATHERS- 
 
 Ordinance in regard to, 462. 
 FEES- 
 
 Criminal statutory provisions as to, 355. 
 
 Forms of information, 355, 356. 
 
 FENCES- 
 
 Criminal statutory provisions as to, 356. 
 Forms of complaint, 356. 
 Ordinance in regard to defacing, 455. 
 
 FERTILIZERS- 
 
 Criminal statutory provisions as to, 356, 358. 
 
 FIFTH DISTRICT- 
 
 Boundaries of, 4 
 FILTHY ACTS. (See Indecent, Lewd and Filthy Acts.) 
 
 FINES- 
 
 To be collected by clerk, 35, 36. 
 
 When to be paid to clerk, 35, 36. 
 
 Disposition of, when collected by clerk, 35, 36. 
 FIRE DEPARTMENT— 
 
 Ordinance in regard to, 466. 
 
 Forms of complaint 466, 467. 
 
 FIRE ESCAPES- 
 
 Criminal statutory provisions 'as to, 357. 
 
 Forms of complaint, 357. 
 FIREWORKS- 
 
 Ordinance in regard to, 465.
 
 INDEX. 741 
 
 [befeeences are to the pages.] 
 
 FIRE ARMS, FIREWORKS AND CANNON- 
 
 Ordinance in regard to, 4G4. 
 
 Forms of complaint, 464, 465. 
 FIRST DISTRICT- 
 
 Boundaries of, 3. 
 FISH- 
 
 Ordinanee in regard to, 467. 
 
 Forms of complaint, 467. 
 
 Criminal statutory provisions as to, 357, 358. 
 FISHMONGERS- 
 
 Ordinance in regard to, 486. 
 
 Forms of complaint, 486. 
 FLAGS- 
 
 Criminal statutory provisions as to, 358. 
 
 Forms of complaint, 358. 
 FLIPPING CARS BY MINOR S- 
 
 Ordinance in regard to, 487. 
 
 Forms of complaint, 488. 
 FLYING KITES IN STREETS- 
 
 Ordinanee in regard to, 467. 
 FORCIBLE DETAINER— 
 
 Jurisdiction in cases of, 2, 29. 
 
 Where to be brought, 182. 
 
 How practice differs from that in circuit court, 29, 183. 
 
 1. No written pleadings, 29, 183. 
 
 2. How summons returnable, 29, 183. 
 
 3. Claim for rent up to $1,000 united with claim for the pos- 
 
 session, 29, 183. 
 
 4. Mode of trial and proceedings subsequent to trial, 29, 183. 
 
 FORCIBLE DETAINER ACT REWRITTEN— 
 See. 5, Complaint— Summons, 184. 
 Sec. 8. Summons— When returnable, 185. 
 Sec. 9. Service of summons— Publication, 185. 
 Sec. 11. Mode of trial, 186. 
 See. 12. Trial ex 'parte, 186. 
 Sec. 13. Judgment for whole of premises, 186. 
 See. 14. Judgment for part of premises, 186. 
 Sec. 15. Several tenants, 186. 
 See. 16. Judgment against plaintiff, 186. 
 Sec. 17. Dismissal as to j)art— Judgment as to part, 186. 
 Sec. 18. Writ of error— Writ of restitution— Bond, 187.
 
 742 INDEX. 
 
 [BEFEBENCES ABE TO THE PAGES.] 
 
 FOREIGN INSURANCE COMPANIES- 
 
 Ordinance in regard to, 467. 
 FORGERY AND COUNTERFEITING- 
 
 Criminal statutory provisions as to, 358. 
 
 Forms of complaint, 359, 362. 
 FORMS OF COMPLAINT IN QUASI CRIMINAL CASES— 
 
 Air gmi, 437 
 
 Amusements, 437 
 
 Animals, horses, and vehicles, 438. 
 
 Auctions and auctioneers, 440. 
 
 Automobiles, 440. 
 
 Bathing within city limits, 442. 
 
 Billiards and pool tables, bowling or pin and ball alleys, 443. 
 
 Bill posters and posting, 443. 
 
 Blasting, 444. 
 
 Bread, 444. 
 
 Brokers, 445. 
 
 Burglai-'s tools, 446. 
 
 Cabbage plant, 447. 
 
 Casting rinds and peels on sidewalk, 447. 
 
 Cigarettes, 448. 
 
 Cocame— Sale of, 449. 
 
 Cruelty to animals, 450. 
 
 Cruelty to children, 451. 
 
 Defacing public buildings, &c., 455. 
 
 Defacing signs, fences, &c., 455. 
 
 Disorderly conduct, 456. 
 
 Distribution of handbills, 458. 
 
 Disturbing assemblies met for worship, 458. 
 
 Dogs, 459. 
 
 Drains and sewers, 459. 
 
 Druggists, 460. 
 
 Electricity, 462. 
 
 Fire arms, fireworks and cannon, 464. 
 
 Fire department, 466. 
 
 Fish, 467. 
 
 Fruits, berries and vegetables, 468. 
 
 Gaming, 468. 
 
 Garbage, ashes and refuse, 470. 
 
 Gas, 471. 
 
 Grades, 472. 
 
 Gunpowder, dynamite and high explosives, 472. 
 
 Houses of ill fame or assignation, 474.
 
 INDEX. 743 
 
 [EEFEEENCES ABE TO THE PAGES.] 
 
 FORMS OF COMPLAINT IN QUASI CRIMINAL CASES-ConU 
 House of correction, 474. 
 Ill-govenied or disorderly houses, 476. 
 Immature calf, pig or lamb, 477. 
 Impure literature relating to diseases, 477. 
 Indecent exhibition of animals, 478. 
 Indecent exposure, 478. 
 Indecent, lewd and filthy acts, 479. 
 Indecent literature and immoral exhibitions, 479. 
 Injuries by automobiles, bicycles, carriages, &c., 480. 
 Library, 481. 
 Licenses, 482. 
 Lights on vehicles, 482. 
 Liquor, 483. 
 
 Loungers and loafers, 485. 
 Meat and fowl prohibited, 486. 
 
 Meat markets, delicatessen stores, poulterers and fish mongers, 486. 
 Milk and food, 486. 
 Minors— False representation by, 487. 
 Minors — Flipping cars by, 487. 
 Minors — Gambling in saloons by, 488. 
 Minors— Intoxication of or purchasing liquors by, 488. 
 Minors— Sale of materials impregnated with liquors, 489. 
 Minors— Sale of tobacco to, 489. 
 Mutilation of posters, 489. 
 Night scavengers, 490. 
 Night walkers, 490. 
 Nuisances, 491. 
 
 Objects on window-sills, etc., 492. 
 Obstructing gutters, sewers and pipes, 493. 
 Opium smoking or inhaling rooms, 494, 
 Parks and public grounds, 494. 
 Pawn brokers, 496. 
 Peddlers, 499. 
 
 Poisonous medicines or decoctions, 500. 
 Police, 501. 
 
 Privy, vault, sink, cess-pool, 503. 
 Prohibited advertisements in newspapers, 505. 
 Spitting on sidewalk, &c., 509. 
 
 Stalls where meat, fish or vegetables are sold— Cleanliness of, 510. 
 Theater hats, 512. 
 Tunnels, 513.
 
 744 INDEX. 
 
 [BBIFEEENCES ABE TO THE PAGES.] 
 
 FORMS OF COMPLAINT IN QUASI CRIMINAL CASES-Con'd. 
 Unwholesome and adulterated food, drugs, water, &c., 514. 
 Unwholesome vegetables, 515. 
 Vagabonds and vagrants, 515. 
 Vehicle signs, 517. 
 Work shops, 519. 
 
 FORMS OF INFORMATION OR COMPLAINT IN CRIMINAL 
 
 CASES- 
 Abandonment, 253-254. 
 Abduction, 254-255. 
 Abortifacient drugs, 255-256. 
 Adulteration, 257-270. 
 Adultery, 270-271. 
 
 Agriculture and horticulture, 271-273. 
 Animals and birds, 274-277. 
 Apprentices, 278. 
 Arson, 279. 
 
 Assault and battery, 279. 
 Assault with deadly weapons, 280. 
 Attempts, 280. 
 Attorneys, 281. 
 Automobiles, 281-282. 
 Barratrj^ and maintenance, 282-283. 
 Bicycle riding, 283. 
 Canada thistles, 284. 
 Canal, 285. 
 Castor beans, 285. 
 Cemeteries, 286. 
 Charities, 286-287. 
 Children, 288-289. 
 Cities, villages and towns, 290-293. 
 Civil rights, 294. 
 Cocaine, 295. 
 Coloring grain, 296-297. 
 Compounding a crime, 297. 
 Concealing death of bastard, 298. 
 Concealing property, 298. 
 Conspiracy to indict, 299. 
 Corporations, 301-302. 
 Cruelty to animals, 303-305. 
 Deadly weapons, 306. 
 Disorderly conduct, 307-309.
 
 INDEX, 745 
 
 [BEFEBETfCES ABE TO THE PAGES.] 
 
 FORMS OF INFORMATION OR COMPLAINT IN CRIMINAL 
 
 CASES- Continued. 
 Dramshops, 310-313. 
 Drovers, 313. 
 Drugs, 314-315. 
 Drunkenness, 315-317. 
 Dueling, 316-317. 
 Employment, 326-342. 
 Escape, 342-344. 
 Extortion, 346-347. 
 False advertisements, 348-349. 
 False imprisonment, 350. 
 False pretenses, 350-353. 
 Falsely personating another, 353-354. 
 Falsely stamping canned or preserved food, 354-355. 
 Fees, 355-356. 
 Fences, 356. 
 Fire escapes, 357. 
 Flags, 358. 
 
 Forgery and counterfeiting, 359-362. 
 Gambling, 364-370. 
 
 Graves, graveyards and cemeteries, 371-372. 
 Immoral newspapers, 373-374, 
 Intimidation, 378-379. 
 Larceny, 380-381. 
 Libel, 381. 
 
 Lotteries and lottery policies, 382-384. 
 Malicious mischief, 386-387. 
 Resistance of officers, 400-401. 
 
 Seduction, 406. ' 
 
 Sunday, 410. 
 Tobacco, 412. 
 Trespass, 414. 
 Vagabonds, 416-417. 
 
 FOUNDRY-I^IANUFACTORY— 
 
 Ordinance in regard to, 467. 
 
 FOURTH DISTRICT- 
 Boundaries of, 3. 
 
 FOWL— PROHIBITED. (See Meat and Fowl Prohibited.) 
 
 FRAUDULENT CONVEYANCES- 
 
 Criminal statutory provisions as to, 363.
 
 746 INDEX, 
 
 [BEFEBENCES ABE TO THE PAGES.] 
 
 FRAUDULENTLY PERSONATING OFFICERS OR MEMBERS 
 OF LODGE OR SOCIETY- 
 
 Criminal statutory provisions as to, 363. 
 FRAUDULENT PRESCRIPTIONS- 
 
 Ordinance in regard to, 467. 
 FRUITS, BERRIES AND VEGETABLES- 
 
 Ordinance in regard to, 468. 
 
 Forms of complaint, 468. 
 
 FRUIT STORES AND ICE CREAM PARLORS -LICENSING 
 OF- 
 
 Ordinance in regard to, 468. 
 FURNITURE- 
 
 For municipal court to be provided by city of Chicago, 5. 
 FURNITURE VANS. (See Public Carts, Express Wagons and 
 
 Furniture Vans.) 
 GAMBLING- 
 
 Criminal statutory provisions as to, 363-364. 
 
 Forms of infoi'mation, 364-370. 
 
 In saloons by minors, 488. 
 GAME- 
 
 Criminal statutory provisions as to, 370, 371. 
 GAMES AND PERFORMANCES IN STREETS OR IN PREMISES 
 ABUTTING ON STREETS- 
 
 Ordinance in regard to, 468. 
 GAMING- 
 
 Ordinance in reg'ard to, 468. 
 
 Forms of complaint, 468-470. 
 GARAGES- 
 
 Ordinanee in regard to, 441. 
 GARBAGE, ASHES AND REFUSE-^ 
 
 Ordinance in regard to, 470. 
 
 Form of complaint, 470-471. 
 GARNISHMENT- 
 
 Practice to conform, as near as may be, to that in circuit court, 188. 
 GARNISHMENT ACT REWRITTEN- 
 
 Sec. 1. Garnishment on judgment, 188. 
 
 Sec. 2. Service of writ— Returnable, 189. 
 
 Sec. 3. Return of writs, 189. 
 
 Sec. 5. Interrogatories and answer, 189. 
 
 Sec. 7. Issue— How made and tried, 190.
 
 INDEX. 747 
 
 [BEFEBENCES ABE TO THE PAGES.] 
 
 GARNISHMENT ACT REWRITTEN- Continued. 
 Sec. 8. Conditional and final judgment, 190. 
 Sec. 9. Notice when sci. fa. not served, 190. 
 
 Sec. 10. When judgment against original defendant necessary, 191. 
 Sec. 11. Adverse claimants, 191. 
 See. 12, Adverse claims— Trial, 191. 
 Sec. 13. Deductions and set-offs of garnishee, 191. 
 Sec. 14. Wages exempt— Demand— Notice— Costs, 192. 
 Sec. 15. Negotiable paper, 193. 
 Sec. 16. Effect of judgment, 193. 
 Sec. 17. A discharge no bar, 183. 
 Sec. 19. Execution not to issue mitil debt due, 193. 
 Sec. 20. Goods, &c., surrendered in execution, 193. 
 Sec. 21. When property is pledged, 193. 
 Sec. 22. When plaintiff may perform conditions, 194. 
 See. 23. Sale — Application of proceeds, 194. 
 Sec. 24. Equitable powers of court, 195. 
 Sec. 25. When garnishee refuses to deliver property, 195. 
 See. 26. Rights of garnishee, 195. 
 Sec. 27. Costs— Fees to garnishee, 195, 
 Sec. 28. Appeals and writs of error, 195. 
 Sec. 34. Wages of non-resident, 195. 
 See. 34a. Wages earned out of state, 195. 
 
 See. 35. When administrators and executors may be gamisheed, 196. 
 Sec. 36. Salary or wages of officer or employe of municipal cor- 
 poration, 196. 
 Sec. 38. When answer to be filed, 197. 
 See. 39. Court to try right of parties to deposit, 197. 
 Sec. 40. Filing of interrogatories— Answer of garnishee, 197. 
 
 GAS- 
 
 Ordinanee in regard to, 471. 
 
 Forms of complaint, 471. 
 GAS MANUFACTORY- 
 
 Ordinance in regard to, 472. 
 
 GAS-PRICE OF- 
 
 Ordinance in regard to, 471. 
 
 GRAVES, GRAVEYARDS AND CEMETERIES— 
 Criminal statutoiy provisions as to, 371. 
 Forms of mformation, 371-372. 
 
 GENERAL ASSEMBLY- 
 
 Criminal statutoiy provisions as to, 371.
 
 748 INDEX. 
 
 [befebences are to the pages.] 
 
 GENERAL VERDICT- 
 
 Controlled by special finding, 130. 
 GIFTS- 
 
 Acceptanees of by officers of court forbidden, 12. 
 
 GOODS IN STREETS-CLEANING OF- 
 
 Ordinance in regard to, 448." 
 GRADES- 
 
 Ordinance in regard to, 472. 
 
 Forms of complaint, 472. 
 GRAIN-COLORING. (See Coloring Grain.) 
 GRATUITIES- 
 
 Acceptances of by officers of court forbidden, 12. 
 GUN CLUBS. (See Shooting Galleries, Rifle Ranges and Gun- 
 Clubs.) 
 GUN POWDER, DYNAMITE AND HIGH EXPLOSIVES- 
 
 Ordinance in regard to, 472. 
 
 Forms of complaint, 472. 
 GUTTERS— OBSTRUCTING. (See Obstructing Gutters, Sewers 
 
 and Pipes.) 
 HABEAS CORPUS- 
 
 Criminal statutory provisions as to, 372. 
 
 HACKS- 
 
 Ordinance in regard to, 447. 
 HANDBILLS. (See Distribution of Handbills.) 
 HARBOR, HARBORMASTER, BRIDGES, WHARVES AND VES- 
 SELS- 
 
 Ordinance in regard to, 472. 
 
 HAZING- 
 
 Criminal statutory provisions as to, 372. 
 
 HEALTH DEPARTMENT- 
 Ordinanee in regard to, 473. 
 
 HEALTH PROVISIONS GENERALLY-VIOLATION OF- 
 Ordinances in regard to, 473. 
 
 HIGH EXPLOSIVES. (See Gun Powder, Dynamite and High Ex- 
 plosives. ) 
 
 HISTORY OF MUNICIPAL COURT ACT- 
 
 Chicago New Charter Convention Committee, 41. 
 
 Original bill drafted. 41. 
 
 Provisions of original bill, 41, 42, 550, 5S6.
 
 INDEX. 749 
 
 [references are to the pages.] 
 
 HISTORY OF MUNICIPAL COURT ACT -Continued. 
 
 Original bill introduced, 42. 
 
 Opposition to original bill, 42. 
 
 House Bill No. 281 prepared, 42. 
 
 Provisions of House Bill No. 281, 42, 629, 644. 
 
 Address prefixed to House Bill No. 281, 629. 
 
 Senate Bill No. 207 introduced, 43. 
 
 House Bill No. 422 introduced, 43. 
 
 Differences between House Bill No. 422 and the original bill, 43. 
 
 Provisions of House Bill No. 422, 587, 625. 
 
 House Bill No. 422 amended and passed by Senate, 44. 
 
 Provisions of House Bill No. 422 as amended and passed by Senate, 
 645, 652. 
 
 Conference committee report adopted, 44. 
 
 Act consented to by legal voters of Chicago, 44. 
 HORSE FLESH- 
 
 Ordinance in regard to, 473. 
 HORTICULTURE. (See Agriculture akd Horticulture.) 
 HOSPITALS- 
 
 Ordinance in regard to, 474. 
 HOUSE BILL NO. 98- 
 
 Provisions of, 41, 42, 550, 586. 
 
 Introduced into the house, 42. 
 HOUSE BILL NO. 281. 
 
 Provisions of, 42, 629, 644. 
 
 Introduced into the house, 42. 
 
 Address prefixed to, 629. 
 HOUSE BILL NO. 422- 
 
 Reported to the House, 43. 
 
 Provisions of, 43, 587, 625. 
 
 Amended by Senate, 44. 
 
 Non-concurrence of House in amendments to, 44. 
 
 Refusal of Senate to recede from the amendments to, 44. 
 
 Report of conference committee on, adopted, 44. 
 HOUSE OF CORRECTION- 
 
 Ordinance in regard to, 474. 
 
 Forms of complaint, 474-475. 
 HOUSES OF ILL FAME OR ASSIGNATION- 
 
 Ordinance in regard to, 474. 
 
 Forms of complaint, 474. 
 HOUSE MOVERS- 
 
 Ordinance in regard to, 475.
 
 750 INDEX. 
 
 [BEFEEENCES ABE TO THE PAGES.]' 
 
 HUMAN BODY- 
 
 Ordinance in regard to, 475. 
 
 ICE- 
 
 Criniinal statutoiy provisions as to, 372. 
 
 Ordinance as to, 47(5. 
 ICE CREAM PARLORS. (See Fruit Stores, Ice Cream Parlors- 
 Licensing OF.) 
 ILL-GOVERNED OR DISORDERLY HOUSES- 
 
 Ordinance in regard to, 476. 
 
 Forms of complaint under ordinance as to, 476-477. 
 
 Criminal statutory provisions as to, 307. 
 
 Forms of complaint under statute as to, 308. 
 
 IMMATURE CALF, PIG OR LAMB- 
 Ordinance in regard to, 477. 
 Forms of complaint, 477. 
 
 IMMORAL EXHIBITIONS. (See Indecent Literature and Im- 
 moral Exhibitions.) 
 
 IMMORAL NEWSPAPERS- 
 
 Criminal statutory provisions as to, 373. 
 Forms of information, 373-374. 
 
 IMPRISONMENT- 
 
 Jurisdiction of mmiicipal court in cases punishable by otherwise 
 than in penitentiary, 2. 
 
 IMPURE LITERATURE RELATING TO DISEASES- 
 Ordinance in regard to, 477. 
 Forms of complaint, 477-478. 
 
 INCLOSING WALLS OR FENCES OF RAILWAYS- 
 Ordinance in regard to, 478. 
 
 INCORPORATED COMPANIES- 
 
 Service of process on in cases of first class, 20. 
 Service of process on in cases of fourth and fifth classes, 27. 
 Cases of first class against— Where to be brought, 20. 
 Cases of fourth and fifth classes agamst— Where to be brought, 
 21-22. 
 
 INCREASE OF JUDGES- 
 How effected, 8. 
 
 INDECENT EXHIBITIONS OF ANIMALS— 
 
 Ordinance in regard to, 478. 
 Forms of complaint, 478.
 
 INDEX. 751 
 
 [beferences are to the paces.] 
 
 INDECENT EXPOSURE- 
 
 Ordinance in regard to, 478. 
 
 Forms of complaint, 478-479. 
 INDECENT, LEWD AND FILTHY ACTS— 
 
 Ordinance in regard to, 479. 
 
 Forms of complaint, 479. 
 
 INDECENT LITERATURE AND IMMORAL EXHIBITIONS- 
 
 Ordinance in regard to, 479. 
 Forms of complaint, 479-480. 
 INFECTED ARTICLES. (See Contagious Diseases and Infected 
 
 Articles. ) 
 
 INJURIES BY AUTOMOBILES, BICYCLES, CARRIAGES, &C.~ 
 
 Ordinance in regard to, 480. 
 
 Forms of complaint, 480-481. 
 INSPECTOR OF OIL. (See Oil Inspector.) 
 INSTRUCTING THE JURY- 
 
 In general, 25, 224, 235. 
 
 English practice, 224. 
 
 Practice in the United States courts and in courts of states, 224. 
 
 Practice in Illinois prior to 1827, 225. 
 
 Practice in Illinois from 1827 to 1847, 225. 
 
 Exceptions to charge prior to 1872, 226. 
 
 Act of 1872 as to exceptions, 227. 
 
 Purpose of act of 1872, 228. 
 
 Situation of trial judge mider act of 1872, 228. 
 
 Action of jury upon instructions, 229. 
 
 Defects discovered after verdict, 229-232. 
 
 Defects easily obviated, 232. 
 
 Reversible and prejudicial errors, 232. 
 
 Practice contrasted with that in chanceiy cases, 233. 
 
 Disastrous result of system, 233-234. 
 
 Charge in municipal court to be oral or in writing, 25, 234-235. 
 
 Parties to be allowed to present requests to charge, 235. 
 
 Jury to retire with recollection of oral charge instead of written 
 instructions, 235. 
 
 Exceptions to be taken before juiy retire, 235. 
 
 For what errors in charge judgment may be reversed^ 235. 
 INSUFFICIENCY OF BOND- 
 
 No dismissal on account of, 133. 
 INSURANCE- 
 
 Criminal statutory provisions as to, 374-378.
 
 752 INDEX. 
 
 [befeeences are to the pages.] 
 
 INSURANCE COMPANIES- 
 
 Suits against, where to be brought, 111. 
 
 Ordinance in relation to foreign, 467. 
 INTERCHANGE OF JUDGES- 
 
 With county judges, 8-9. 
 
 With city court judges, 8-9. 
 
 INTERROGATORIES- 
 
 To adverse party before trial— "When allowed to be filed, 24. 
 IXTIMIDATION- 
 
 Criminal statutory provisions as to. 378. 
 
 Forms of infoi-mation, 378-379. 
 INTOXICATION OF MINORS- 
 
 Ordinance in regard to, 488. 
 
 Forms of complaint, 488. 
 
 INVALIDITY- 
 
 Of sections 9 and 12 not to vitiate act, 39. 
 Of portion of act not to aifeet entire act, 40. 
 INVESTIGATION- 
 
 By judges of complaints, 6. 
 
 Judges to take steps with respect thereto, 6. 
 
 issues- 
 How made up in cases of first class and cases of second class, 2. 
 
 JAIL- 
 
 Ordinance in regard to, 481. 
 
 JAILS AND JAILERS - 
 
 Criminal statutory provisions as to, 379. 
 
 JOINT LIABILITY- 
 
 Proof of— When unnecessary, 121. 
 JUDGMENTS- 
 
 Under control of court until after 30 days, 13. 
 
 Appeals from in eases of first, second and third classes, 14. 
 
 Writs of error to review in cases of fourth and fifth classes, 14. 
 
 In criminal cases of second class — How enforced, 17. 
 
 Denial of supersedeas operates as affirmance of when, 15. 
 
 Stay of proceedings on, 15. 
 
 Writ of error by successful party to, 15. 
 
 When one in ease of fourth or fifth class may be reversed, 16. 
 
 By default— How damages assessed, 28, 123, 
 
 By confession, 132.
 
 INDEX. 753 
 
 [BEFEBENCES ABE TO THE PAGES.] 
 
 JUDGMENTS -Continued. 
 
 When not to be rendered against party not residing or found in 
 Chicago, 21. 
 
 Lien of, 38-39. 
 
 For money may be satisfied by payment to clerk, 32. 
 JUDGMENTS BY CONFESSION- 
 
 May be entered by municipal court, 132. 
 JUDICIAL NOTICE- 
 
 By Supreme Court of rules of practice of municipal court, 13. 
 
 Of ordinances by municipal court, 32. 
 
 Of statutes of other states by municipal court, 32. 
 
 Of statutes of territories by municipal court, 32. 
 
 JUNK SHOPS. (See Keepers of Junk Shops.) 
 JURIES- 
 
 Petit— How provided, 18. 
 
 Petit— To be interrogated, 19. 
 
 Not qualified to be rejected, 19. 
 
 Challenges of, 23. 
 
 Examination of on voir dire, 23. 
 
 Presiding judge to examine, 23. 
 
 Parties may examine as to bias or prejudice, 23. 
 JURISDICTION OF MUNICIPAL COURT- 
 
 In cases of first class, 1. 
 
 In cases of second class, 2, 17. 
 
 In cases of third class, 2. 
 
 In cases of fourth class, 2. 
 
 In cases of fifth class, 2. 
 
 Not lost by bringing suit in wrong district, 22. 
 JURY COMMISSIONERS- 
 
 Jurors for municipal court to be furnished by, 18. 
 JURY TRIALS- 
 
 In general, 221-223. 
 
 Jurors to be provided by jury commissioners, 18, 221. 
 
 Number of jurors to be determined by chief justice, 18, 221. 
 
 Jurors to be interrogated, 221. 
 
 Jurors not possessing statutory qualifications to be rejected, IS, 221. 
 
 Trial by jury must be demanded in cases of first, fourth and fifth 
 classes, 23, 222. 
 
 In civil cases six dollars advance payment of cost required, 33-34, 
 222. 
 
 Presiding judge to examine jurors, 23, 222. 
 48
 
 754 INDEX. 
 
 [BEFEBENCES ABE TO THE PAGES.l 
 
 JTJRY TRIALS- Continued. 
 
 Parties entitled to examine jurors as to bias or prejudice, 23, 222. 
 Limitation of review of rulings on empanelling of jmors, 23, 223. 
 JUSTICES OF THE PEACE- 
 
 In (^liicago to be abolished on first Monday of December, 1906, 
 
 36-37. 
 In territory of Cook coimty outside of Chicago to be limited, 37. 
 Dockets and papers to be delivered to clerk of mimicipal court, 37, 
 Executions on judgments of to be issued by clerk of municipal 
 
 court, 37. 
 Appeals fi'om judgments to be allowed by municipal court when, 
 
 37. 
 Cases not determined by to be proceeded with by municipal court, 
 
 37. 
 Unexecuted writs issued by to be returned to municipal court, 37. 
 Unexecuted writs issued by to be executed or disposed of by 
 
 mmiicipal court, 37. 
 KEEPERS OF JUNK SHOPS. (See Second-Hand Dealers and 
 KJEEPERS OF Junk Shops.) 
 Ordinance in regard to, 481. 
 
 KILLING BIRDS IN CITY LIMITS- 
 
 Ordinanee in regard to, 481. 
 KITES. (See Flying Kites in Streets.) 
 LAMB— IMMATURE. (See Immature Calf, Pig or Lamb.) 
 LARCENY- 
 
 Criminal statutory provisions as to, 379-380. 
 
 Forms of information, 380-381. 
 
 LEWD ACTS. (See Indecent, Lewd and Filthy Acts.) 
 
 UBEL- 
 
 Criminal statutory provisions as to, 381. 
 Forms of information, 381. 
 
 UBRARIES- 
 
 Criminal statutory provisions as to, 381. 
 
 LIBRARY- 
 
 Ordinance in regard to, 481. 
 Forms of complaint, 482. 
 
 UCENSES- 
 
 Ordinance in regard to, 482. 
 Forms of complaint, 482. 
 
 I
 
 INDEX, 755 
 
 (BEFEBENCES ABE TO THE PAGES.] 
 
 LIENS- 
 
 Of judgments in cases of first and second classes, 38. 
 
 When liens on real estate in Chicago, 38, 
 
 When liens on real estate in Cook county, outside of Chicago, 38. 
 
 Of judgments in cases of third, fourth and fifth classes, 39. 
 
 When liens on real estate in Cook county, 39. 
 
 Criminal statutory provisions as to, 382, 
 LIEUTENANT OF POLICE - 
 
 May admit persons arrested to bail when, 31. 
 LIGHTS AT RAILWAY CROSSINGS- 
 
 Oi'dinanee in regard to, 482. 
 LIGHTS ON VEHICLES- 
 
 Ordinanee on regard to, 482. 
 
 Forms of complaint, 483. 
 LIMITATIONS- 
 
 On time of suing out writ of error in case of fourth or fifth 
 class, 14. 
 
 On time within which judgment may be vacated on motion, 13. 
 LINCOLN PARK COMMISSIONERS- 
 
 Ordinances of, 521. 
 LIQUOR- 
 
 Ordinance in regard to, 483. 
 
 Forms of complamt, 483-485, 
 LIQUOR DEALERS. (See Wholesale Malt Liquor Dealers, 
 Wholesale Spirituous Liquor Dealers, Wholesale Vinous 
 Liquor Dealers.) 
 LITERATURE-IMPURE. (See Impure Literature Relating to 
 
 Diseases. ) 
 LITERATURE— INDECENT. (See Indecent Literature and Im- 
 moral Exhibitions.) 
 LIVERY STABLE - 
 
 Ordinances in regard to, 441, 485, 
 LOAFERS. (See Loungers and Loafers.) 
 LODGING HOUSES. (See Tenements and Lodging Houses.) 
 LOST PROPERTY. (See Estrays and Lost Property.) 
 LOTTERIES- 
 
 Ordinance in regard to, 485. 
 LOTTERIES AND LOTTERY POLICIES- 
 
 Criminal statutoiy provisions as to, 382. 
 
 Forms of information, 382-384.
 
 756 INDEX. 
 
 [befebences are to the pages.] 
 
 LOUNGERS AND LOAFERS- 
 
 Ordinance iii regard to, 4S5. 
 
 Forms of complaint, 485. 
 LUMBER- 
 
 Ordinance in regard to, 485. 
 LUNATICS - 
 
 Criminal statutory provisions as to^ 385. 
 MAINTENANCE. (See Barratry and Maintenance.) 
 
 MALICIOUS MISCHIEF- 
 
 Criminal statutory provisions as to, 385. 
 
 Forms of information, 386-387. 
 MANUFACTORY- 
 
 Ordiuanee in regard to, 467. 
 
 MARKS AND BRANDS- 
 
 Criminal statutoiy provisions as to, 387. 
 jVIARRIAGES- 
 
 Criminal statutory provisions 'as to. 387. 
 MASTERS IN CHANCERY- 
 
 Those of circuit and superior courts to be ex ofjido of municipal 
 court, 32. 
 MEAT- 
 
 Ordinance in regard to, 485. 
 MEAT AND FOWL PROHIBITED- 
 
 Ordinance in regard to, 486. 
 
 Forms of complaint, 486. 
 MEAT MARKETS, DELICATESSEN STORES, POULTERERS 
 AND FISH MONGERS- 
 
 Ordinance in regard to, 486. 
 
 Forms of complaint, 486. 
 MEDICINE AND SURGERY- 
 
 Criminal statutory provisions as to, 388-389. 
 MEETINGS- 
 
 Of judges, 6. 
 METHOD OF PROCEDURE- 
 
 What will be when not sufficiently prescribed by the Municipal 
 Court Act, 32. 
 
 MILK AND FOOD- 
 
 Ordinance hi regard to, 486. 
 Forms of complaint, 4SG-487. 
 
 I
 
 INDEX. 757 
 
 [BEFEEENCES ABE TO THE PAGES.] 
 
 MINES AND MINING- 
 
 Criminal statutory provisions as to, 389-390. 
 MINORS-FALSE REPRESENTATIONS BY— 
 
 Ordinance in regard to, 487. 
 
 Forms of complaint, 487. 
 MINORS-FLIPPING CARS BY- 
 
 Ordinanee in regard to, 487. 
 
 Forms of complaint, 488. 
 MINORS -GAMBLING IN SALOONS BY- 
 
 Ordinance in regard to, 488. 
 
 Forms of complaint, 488. 
 
 MINORS-INTOXICATION OF OR PURCHASING LIQUORS 
 BY- 
 
 Ordinanee in regard to, 488. 
 Forms of complaint, 488. 
 
 MINORS -SALE OF MATERIALS IMPREGNATED WITH 
 LIQUORS- 
 Ordinance in regard to, 489. 
 Forms of complaint, 489. 
 
 MINORS-SALE OF TOBACCO TO— 
 Ordinance in reg'ard to, 489. 
 Forms of complaint, 489. 
 
 MISCONDUCT OF OFFICERS- 
 
 Criminal statutory provisions as to, 390-391. 
 
 MISDEMEANORS NOT ESPECIALLY PROVIDED FOR— 
 
 Criminal statutoiy provisions as to, 391. 
 
 MISDEMEANORS- STATUTORY— 
 In general, 253-418. 
 Abandonment, 253. 
 
 Forms of information, 253-254. 
 Abduction, 254. 
 
 Forms of information, 254-255. 
 Abortifaeient Drugs, 255. 
 
 Forms of information, 255-256. 
 Adultei-ation, 256. 
 
 Forms of information, 257-270. 
 Adultery, 270. 
 
 Forms of information, 270-271. 
 Agriculture and Horticulture, 271. 
 
 Forms of information, 271-273.
 
 758 KSDEX. 
 
 [UKFEBKNCES ABK TO THE PAliES.] 
 
 MlSDEMEANOKS-STATUTORY-(^)ntinued. 
 Animals and Birds, 273-274. 
 
 Forms of information, 274-277. 
 Aiiprentices, 278. 
 
 Forms of information, 278. 
 Architects, 278. 
 Arson, 278. 
 
 Forms of complaint, 279. 
 Assault and Battery, 279. 
 
 Forms of complaint, 279. 
 Assault with Deadly Weapons, 279. 
 
 Form of information, 280. 
 Attempts, 280. 
 
 Form of information, 280. 
 Attorneys, 280. 
 
 Forms of information, 281. 
 Automobiles, 281. 
 
 Forms of information, 281-282. 
 Banks, 282. 
 Barratry and Maintenance, 282. 
 
 Forms of complaint, 282-283. 
 Bicycle Riding, 283. 
 
 Forms of infoimation, 283. 
 Bribeiy, 283. 
 Canada Thistles, 284. 
 
 Forms of comi^laint, 284. 
 Canal, 284. 
 
 Forms of complaint, 285. 
 Castor Beans, 285. 
 
 Form of complamt, 285. 
 Cemeteries, 285-28G. 
 
 Forms of complaint, 286. 
 Charities, 286. 
 
 Forms of information, 286-287. 
 Children, 288. 
 
 Forms of information, 288-289. 
 Cities, Villages and Towns, 289-290. 
 Forms of information, 290-293. 
 Civil Rights, 203-294. 
 
 Form of information, 294. 
 Civil Service, 294-295. 
 Clerks of Courts, 295.
 
 INDEX. 759 
 
 [BEFEBENCES ABE TO THE PAGES.] 
 
 MISDEMEANORS- STATUTORY- Continued. 
 
 Cocaine, 295. 
 
 Forms of information, 296. 
 Coloring Grain, 296. 
 
 Forms of information, 296-297. 
 Compounding a Crime, 297. 
 
 Form of information, 297. 
 Concealing Death of Bastard, 297. 
 
 Form of information, 298. 
 Concealing Property, 298. 
 
 Form of complaint, 298. 
 Conspiracy to Indict, 299. 
 
 Fonn of information, 299. 
 Coroners, 299. 
 Corporations, 299-300. 
 
 Form of iufomiation, 301-302. 
 Coimties, 302. 
 County Treasurer, 302-303. 
 Cruelty to Animals, 303. 
 
 FoiTus of complaint, 303-305. 
 Deadly Weapons, 305. 
 
 Forms of complaint, 306. 
 Disorderly Conduct, 307. 
 
 Forms of complaint, 307-309. 
 Divorce, 309. 
 Drainage, 309. 
 Dramshops, 310. 
 
 Forms of information, 310-313. 
 Drovers, 313. 
 
 Form of information, 313. 
 Drugs, 314. 
 
 Forms of complaint, 314-315. 
 Drunkenness, 315. 
 
 Form of complaint, 315-316. 
 Dueling, 316. 
 
 Forms of information, 316-317. 
 Elections, 317-318. 
 Embezzlement, 321-325. 
 Employment, 325. 
 
 Forms of complaint, 326-342. 
 Escape, 342. 
 
 Forms of information, 342-344.
 
 760 INDEX. 
 
 [EEFEEENCES ABE TO THE PAGES.] 
 
 MISDEMEANORS- STATUTORY- Coiitiiuicd. 
 Estrays and Lost Property, 344-345. 
 Explosives, 345. 
 
 Forms of information, 345-346. 
 Extortion, 346. 
 
 Forms of information, 346-347. 
 False Advertisements, 348. 
 
 Forms of complaint, 348-349. 
 False Impiisonment, 349-350. 
 
 Forms of information, 350. 
 False Pretenses, 350. 
 
 Fonns of information, 350-353. 
 Falsely Personating Another, 353. 
 
 Fonns of information, 353-354. 
 Falsely Stamping Canned or Preserved Food, 354. 
 
 Forms of information, 354-355. 
 Fees, 355. 
 
 Forms of information, 355-356. 
 Fences, 356. 
 
 Forms of complaint, 356. 
 Fertilizers, 356-357. 
 Fire Escapes, 357. 
 
 Forms of complaint, 357. 
 Fish, 357-358. 
 Flags, 358. 
 
 Forms of complaint, 358. 
 Forgery and Counterfeiting, 358. 
 
 Forms of complaint, 359-362. 
 Fraudulent Convej'anees, 363. 
 
 Fraudulently Personating Officers or Members of Lodge or So- 
 ciety, 363. 
 Gambling, 363-364. 
 
 Forms of mformation, 364-370. 
 Game, 370-371. 
 General Assembly, 371. 
 Graves, Graveyards and Cemeteries, 371. 
 
 Forms of information, 371-372. 
 Habeas Corpus, 372. 
 Hazing, 372. 
 Ice, 372. 
 Immoral Newspapers, 373. 
 
 Forms of information, 373-374.
 
 INDEX. 761 
 
 [EEFEBENCES ABE TO THE PAGES.] 
 
 MISDEMEANORS-STATUTORY-Continued. 
 Insurance, 374-378. 
 Intimidation, 378. 
 
 Fonns of information, 378-379. 
 Jails and Jailers, 379. 
 Larceny, 379-380. 
 
 Forms of information, 380-381. 
 Libel, 381. 
 
 Forms of information, 381. 
 Libraries, 381. 
 Liens, 382. 
 Lotteries and Lottery Policies, 382. 
 
 Forms of information, 382-384. 
 Lmiatics, 385, 
 Malicious Mischief, 385. 
 
 Forms of information, 386-387. 
 Marks and Brands, 387. 
 Marriages, 387. 
 
 Medicine and Surgeiy, 388-389. 
 Mines and Mining^ 389-390. 
 Misconduct of Officers, 390-391. 
 Misdemeanors not Especially Provided for, 391. 
 Names, 391. 
 Nuisances, 391-392. 
 Obscene Publications, 392. 
 Officers, 392. 
 Oil Inspection, 392. 
 Parks, 393. 
 Paupers, 393. 
 Pawn Brokers, 393. 
 Penitentiaries, 393-394. 
 Personating Officers of Societies, 394. 
 Plats, 394. * 
 
 Policy Playing, 394-395. 
 Prize Fighting, 395. 
 Public Accountants, 395. 
 Public Buildings, 395. 
 
 Public Exhibitions of Notorious and Deformed Persons, 395-396. 
 Racmg, Routs, Riots and Unlawful Assemblies, 396. 
 Railroads and Warehouses, 396-400. 
 Receiving and Restoring Stolen Property, 400. 
 Recorders, 400.
 
 762 INDEX. 
 
 [befebenccs ahe to the pages.] 
 
 MISDEMEANORS-STATUTORY-Continued. 
 Resistance of Officers, 400. 
 
 Forms of information, 400-401. 
 Revenues, 401-402. 
 Roads and Bridges, 402-404. 
 Saltpeter Caves, 404. 
 Schools, 404-405. 
 Seduction, 405-406. 
 
 Forms of complaint, 406. 
 Shanty Boats, 406. 
 
 Sheep and Other Domestic Animals, 406. 
 Sheriffs, 406. 
 
 Sidewalks and Sidepaths, 407. 
 State Board of Health, 407. 
 State Contracts, 408. 
 State Entomologist, 408. 
 State Food Commissioner, 408-409. 
 State Militia, 409. 
 Street Railways, 409-410. 
 Sunday, 410. 
 
 Forms of complaint, 410. 
 Surveyors and Surveys, 410. 
 Telegraph and Telephone Companies, 411. 
 Timber, 412. 
 Tobacco, 412. 
 
 Forms of complaint, 412. 
 Toll Bridges, 412. 
 Toll Roads, 413. 
 Township Organization, 413. 
 Trade Marks and Labels, 413-414. 
 Trespass, 414. 
 
 Forms of information, 414. 
 Trusts, Pools and Combinations, 414-415. 
 United States, 415. 
 Vagabonds, 415. 
 
 Forms of uiformation, 416-417. 
 Weights and Measures, 417. 
 Witnesses, 417-418. 
 MONEY JUDGMENT - 
 
 May be satisfied by payment to clerk, 32. 
 MUNICIPAL COURT ACT- 
 
 Sec. 1. Establishment of court, 1.
 
 INDEX. 763 
 
 [BEfERENCES ABE TO THE PAGES.] 
 
 MUNICIPAL COURT ACT-Continued. 
 
 Sec. 2. Jurisdiction, 1-2. 
 
 Sec. 3. How issues made up and how prosecuted, 3. 
 
 Sec. 4. Districts — Branch Courts — Power of chief justice, 4. 
 
 Sec. 5. City to provide places for holding branch courts— Powers 
 of judges, 4. 
 
 Sec. 6. Seals, 4-5. 
 
 Sec. 7. Supplies— Expenditures not otherwise provided for, 5. 
 
 Sec. 8. Number of judges and powers and duties of chief justice 
 and associate judges— Salaries, 5-6. 
 
 Sec. 9. Election of judges — Filling vacancies, 7. 
 
 Sec. 10. Eligibility of judges, 7-8. 
 
 Sec. 11. Oath of judges, 8. 
 
 Sec. 12. Increase of number of judges, 8. 
 
 See. 13. Interchange with city court and county judges, 8-9. 
 
 Sec. 14. Clerk— Election— Duties— Salary, 9. 
 
 Sec. 15. Deputy clerks — Number determined — Appointment — Sal- 
 aries — Short-hand reporters— Removal, 9-10, 
 
 See, 16. Bailiff— Election— Duties— Salai-y, 10-11. 
 
 Sec. 17. Deputy bailiffs — Number determined — Appointment — 
 Salaries — Removal — Police officers, 11-12. 
 
 Sec. 18, Acceptance of gratuities forbidden, 12, 
 
 Sec. 19. Practice same as in circuit court, except, &c. — Municipal 
 Coui-t to be judge of applicability— Practice decisions 
 not subject to review, 12, 
 
 Sec. 20. Power of judges of municipal court to adopt rules — 
 Power of supreme court— Judicial notice of rules, 12-13. 
 
 Sec. 21. No terms — Judgments and orders under control of court 
 until after 30 days— Erroi-s in fact reached by motion, 
 13. 
 
 Sec. 22. Appeals and writs of error in cases of first, second and 
 third classes, 14. 
 
 See. 23. Writs of error in cases of fourth and fifth classes, 14-17. 
 
 Sec. 24. Transfer of cases from circuit, superior and criminal 
 courts, 17. 
 
 Sec. 25. Petit jurors— How provided, 18. 
 
 Sec. 26. Petit jurors to be mterrogated and disqualified rejected, 19. 
 
 Sec. 27. Criminal cases— How prosecuted, 19. 
 
 Sec. 28. First class cases— Practice in, 20. 
 
 Sec. 29. Fourth and fifth class cases— where brought, 21-22. 
 
 Sec. 30. Jury trial to be demanded when, 23. 
 
 Sec. 31. Challenges of jurors— Examination on voir dire— Excep- 
 tion for bias or prejudice only, 23.
 
 764 INDRX. 
 
 [references are to the pages.] 
 
 MUNICIPAL COURT ACT-Continued. 
 
 Sec. 32. luterrogatories before trial, 24. 
 
 Sec. 33. Cross-examination of adverse party, 24. 
 
 Sec. 34. Oral evidence on motions, 24. 
 
 Sec. 35. Orders signed out of court room, 25. 
 
 Sec. 36. Order of trial of cases, 25. 
 
 Sec. 37. Charging juiy, 25. 
 
 See. 38. Formal exceptions and seal of judge unnecessary— Orig- 
 inal bill of exception inserted in transcript, 25. 
 
 Sec. 39. Changes of venue, 26. 
 
 Sec. 40. Cases of fourth class— How commenced— Bill of particu- 
 lars, 26-27. 
 
 Sec. 41. Summons— How returnable— What to contain, 27. 
 
 Sec. 42. Summons— How served, 27. 
 
 Sec. 43. Default— Assessment of damages— Set-off— Bill of par- 
 ticulars, 28. 
 
 Sec. 44. Clerk to keep on hand and furnish forms— chief justice 
 to prescribe forms, 28. 
 
 See. 45. Appearance of defendant, 29. 
 
 Sec. 46. Amendments, 29. 
 
 Sec. 47. Postponements of trial, 29. 
 
 Sec. 48. Attachment— Replevin— Distress for rent— Forcible de- 
 tainer—Practice, 29. 
 
 Sec. 49. Quasi-criminal cases— Practice, 30. 
 
 See. 50. Bail in criminal and quasi-criminal cases, 31. 
 
 Sec. 51. Practice when method of procedure not provided for, 32. 
 
 Sec. 52. Presumptions, 32. 
 
 Sec. 53. Money judgment may be paid to clerk, 32. 
 
 See. 54. Judicial notice— Ordinances— Statutes of other states, 32. 
 
 Sec. 55. Masters in Chancery, 32. 
 
 Sec. 56. Costs in civil eases, 33. 
 
 Sec. 57. Costs in criminal and in quasi-criminal cases, 35. 
 
 Sec. 58. Costs in city of Chicago cases, 36. 
 
 Sec. 59. Fees for acknov/ledginents- Fees to be accounted for — 
 Accounts to be audited, 36. 
 
 Sec. 60. Offices of justices of the peace to be abolished, 36. 
 
 Sec. 61. Dockets and papers of justice of the peace- Executions- 
 Undisposed of business, 37. 
 
 Sec. 62. Chief justice to superintend keeping records— Abbreviated 
 forms, 38. 
 
 Sec. 63. Judgments in cases of first and second classes— Lien — 
 Filing transcripts, 38.
 
 INDEX. 765 
 
 [BEFERENCES ABE TO THE PAGES.] 
 
 MUNICIPAL COURT ACT-Continued. 
 
 Sec. G4. Judgments in cases of third, fourth and fifth classes— Lien 
 
 — Filing transcripts, 39. 
 Sec. 65. Possible invalidity of sections 9 and 12, 39. 
 Sec. 66. Possible invalidity of any part of act, 40. 
 Sec. 67. Submission to people, 40. 
 
 MUTILATED LIMBS. (See Exposing Deformed or Mutilated 
 
 Limbs.) 
 MUTILATION OF POSTERS- 
 
 Ordmanee in regard to, 489. 
 
 Forms of complaint, 489. 
 NAMES-- 
 
 Criminal statutory provisions as to, 391. 
 
 NEW DEFENDANT- 
 
 Summons against in case of second class— How returned, 98. 
 
 NIGHT SCAVENGERS- 
 
 Ordinanee in regard to, 490. 
 Forms of complaint, 490. 
 
 NIGHT AVALKERS- 
 
 Ordinance in regard to, 490. 
 
 Forms of complaint, 491. 
 NOISE- 
 
 Ordinance in regard to, 491. 
 NON-RESIDENT- 
 
 Publication of notice to in case of first class, 20. 
 
 Publication of notice to in case of second class, 98. 
 
 Publication of notice to in case of fourth or fifth class, 22. 
 
 Publication of notice to in writ of error, 141. 
 
 NON-SUIT- 
 
 Must be taken before jury retires, 128. 
 
 NOTICE- 
 
 By publication— See non-resident, 20, 22, 98, 141. 
 
 LTnder general issue, 119. 
 
 Of application for order outside of court room or chambers of 
 judge, 25. 
 NOTICE BY PUBLICATION- 
 
 See non-resident, 20, 22, 98, 141. 
 
 NOXIOUS MATTERS- 
 
 Ordinance in regard to, 462.
 
 766 INDEX, 
 
 [BEFEBENCES ABE TO THE PAGES.] 
 
 NUISANCES- 
 
 Criminal statutory provisions as to, 391-392. 
 Ordinance in regard to, 491. 
 Forms of complaint, 491-492. 
 
 NUMBER OP judges- 
 How increased, 8. 
 
 NURSERIES- 
 
 Ordinanee in regard to, 491. 
 
 OATH- 
 
 Power of judge or other officer taking bail to administer, 31. 
 
 OATH OF OFFICE- 
 
 Of judges, 8. 
 Of clerk, 9. 
 Of bailiff, 10. 
 OBJECTS ON WINDOW-SILLS, ETC- 
 Ordinance in regard to, 492. 
 Forms of complaint, 493. 
 
 OBSCENE PUBLICATIONS- 
 
 Criminal statutory provisions as to, 392. 
 
 OBSTRUCTING GUTTERS, SEWERS AND PIPES— 
 Ordinance in regard to, 493. 
 Forms of complaint, 493. 
 
 OFFENSIVELY SATURATED GROUND- 
 
 Ordinance in regard to, 493. 
 OFFICERS- 
 
 Ordinance in regard to, 493. 
 
 Criminal statutory provisions as to, 392. 
 
 OFFICERS OF COURT- 
 
 Complaints pertaining to— Judges to investigate, 6. 
 
 OIL INSPECTION- 
 
 Criminal statutory provisions as to, 392. 
 
 OIL INSPECTOR- 
 
 Ordinance in regard to, 493. 
 
 OMNIBUSES- 
 
 Ordinances in regard to, 447. 
 
 OPIUM SMOKING OR INHALING ROOMS- 
 Ordinance in regard to, 494. 
 Forms of complaint, 494.
 
 INDEX. 767 
 
 [refebences abb to the pages.] 
 
 ORAL EVIDENCE ON MOTIONS- 
 Court may hear, 24. 
 In general, 217-218. 
 Advantages of, 217-218. 
 ORDINANCES- 
 
 Of city of Chicago, 436-520. 
 Of South Park Commissioners, 521. 
 Of Lincohi Park Commissioners, 521. 
 Of Sanitary District of Chicago, 521. 
 Ordinances of Chicago, 436-520. 
 
 Acetylene gas— Storage of, 436. 
 Advertisements of cures, &c., 436. 
 Advertising quack nostrums, 437. 
 Air guns, 437. 
 
 Forms of complaint, 437. 
 Ambulances and physicians, 437. 
 Amusements, 437. 
 
 Forms of complaint, 437. 
 Animals, 438. 
 
 Animals, horses and vehicles, 438. 
 Forms of complaint, 438-439. 
 Athletic fields, &c.— Throwing glass bottles and other things 
 
 on, 442. 
 Auctions and auctioneers, 440. 
 Forms of complaint, 440. 
 Automobiles, 440. 
 
 Foi-ms of complaint, 440-441. 
 Automobiles, livery and boarding stable and garages, 441. 
 Automobiles— Public for passengers, 441. 
 Automobiles— Used as public carts, 442. 
 Barbed wire fence, 442. 
 Barricade on sidewalks, 442. 
 Bathing within city limits, 442. 
 
 Forms of complaint, 442. 
 Billiards and pool tables, bowling or pin and ball alleys, 443. 
 
 Forms of complaint, 443. 
 Bill posters and posting, 443. 
 
 Forms of complaint, 443-444. 
 Births and deaths, 444. 
 Blasting, 444. 
 
 Forms of complaint, 444-445. 
 Bread, 444.
 
 768 INDEX. 
 
 [BEFEEENCES ABE TO THE PAGES.] 
 
 ORDINANCES - Continued. 
 
 Forms of complaint, 444. 
 Brewers and distillers, 445. 
 Brokers, 445. 
 
 Forms of complaint, 445-446. 
 Buildings, 446. 
 Building regulations, 446. 
 Buildings— Wrecking of, 446. 
 Burglar's tools, 446. 
 
 Forms of complaint, 446-447. 
 Burial of the dead, 447. 
 Cabbage plant, 447. 
 
 Forms of complaint, 447. 
 Cabs, carriages, hacks and omnibuses, 447. 
 Casting rinds and peels on sidewalk, 447. 
 
 Forms of complaint, 448. 
 Cattle and swine, 448. 
 Cigar refuse, 448. 
 
 Changing from steam to electric power, 448. 
 Cigarettes, 448. 
 
 Forms of complaint, 448. 
 Clay holes and excavations, 448. 
 Cleaning goods in streets, 449. 
 Coal, 449. 
 Cocaine, 339. 
 Cocaine— Sale of, 449. 
 
 Forms of complaint, 449. 
 Common carriers of oil, 450. 
 Concealed weapons, 450. 
 Construction of scaffolds, 450. 
 Contagious diseases and infected articles, 450. 
 Cruelty to ianimals, 450. 
 
 Forms of complaint, 450-451. 
 Cruelty to children, 451. 
 
 Forms of complaint, 452-454. 
 Dayton street market, 454. 
 Deadly weapons, 455. 
 Defacing public buildings, &e., 455. 
 
 Forms of complaint, 455. 
 Defacing signs, fences, &c., 455. 
 
 Forms of complaint, 455. 
 Detective agencies, 456.
 
 INDEX. 769 
 
 [BEFERENCES ABE TO THE PAGES.] 
 
 ORDINANCES-Continued. 
 
 Disorderly conduct, 456. 
 
 Forms of complaint, 456-458. 
 Distribution of handbills, 458. 
 Forms of complaint, 458. 
 Distributing medicine, 458. 
 Disturbing assemblies met for worship, 458. 
 
 Forms of complaint, 459. 
 Dogs, 459. 
 
 Forms of complaint, 459. 
 Drains and sewers, 459. 
 
 Forms of complaint, 459-460. 
 Drinking water, 460. 
 Druggists, 460. 
 
 Forms of complaint, 460-462. 
 Dust— Feathers— Noxious matters, 462. 
 Electricity, 462. 
 
 Forms of complaint, 462-463. 
 Electric wires of railways, 463. 
 Excavations, 463. 
 Elevated railroads, 463. 
 
 Excavations, 463. '* 
 
 Exhibiting wild animals, 464. 
 Explosives, 464. 
 
 Exposing deformed or mutilated limbs, 464. 
 Fire arms, fireworks and cannon, 464. 
 
 Forms of complaint, 4G4-465. 
 Fireworks, 465. 
 Fire department, 466. 
 
 Forms of complaint, 460-467. 
 Fish, 467. 
 
 Forms of comjjlaint, 467. 
 Flying kites in streets, 467. 
 Foreign insurance companies, 467. 
 Foundi-y- Manufaetoiy, 467. 
 Fraudulent prescriptions, 467. 
 Fruits, berries and vegetables, 468. 
 
 Fonns of complaint, 468. 
 Fruit stores and ice cream parlors— Licensing of^ 468. 
 Games and performances in streets or in premises abutting on 
 
 streets, 468. 
 Gaming, 468. 
 
 Forms of complaint, 468-470. 
 49
 
 770 INDEX. 
 
 [EEFEBENCES ABE TO THE PAGES.] 
 
 ORDINANCES- Continued. 
 
 Garbage, ashes and refuse, 470. 
 
 Forms of complaint, 470-471. 
 Gas, 471. 
 
 Forms of complaint, 471. 
 Gas- Price of, 471. 
 Gas manufactory, 472. 
 Grades, 472. 
 
 Forms of complaint, 472. 
 Gun powder, djoaamite and high explosives, 472. 
 
 Forms of complaint, 472. 
 Harbor, harbormaster, bridges, wharves and vessels, 472. 
 Health department, 473. 
 
 Health provisions generally — Violations of, 473. 
 Horse flesh, 473. 
 Hospitals, 474. 
 Houses of ill fame or assigiiation, 474. 
 
 Forms of complaint, 474. 
 House of correction, 474. 
 
 Foi'ms of complaint, 474-475. 
 House movers, 475. 
 Human body, 475. 
 Ice, 476. 
 Ill-governed or disorderly houses, 476. 
 
 Forms of complaint, 476-477. 
 Immature calf, pig or lamb, 477. 
 
 Forms of complaint, 477. 
 Impure literature relating to diseases, 477. 
 
 Forms of complaint, 477-47S. 
 Inclosing walls or fences of railways, 478. 
 Indecent exhibitions of animals, 478. 
 
 Forms of complaint, 478. 
 Indecent exposure, 478. 
 
 Forms of complaint, 478-479. 
 Indecent, lewd and filthy acts, 479. 
 
 Forms of complaint, 479. 
 Indecent literature and immoral exhibitions, 479. 
 
 Forms of complaint, 479-480. 
 Injuries by automobiles, bicj^les, carnages, &c., 480. 
 
 Forms of complaint, 480-481. 
 Jail, 481. 
 Keepers of junk shops, 481.
 
 INDEX, 771 
 
 [REFERENCES ARE TO THE PAGES.] 
 
 ORDINANCES- Continued. 
 
 Killings birds in city limits, 481. 
 Library, 481. 
 
 Forms of complaint, 482. 
 Licenses, 482. 
 Forms of complaint, 482. 
 Lights at railway crossings, 482. 
 Lights on vehicles, 482. 
 
 Forms of complaint, 483. 
 Liquor, 483. 
 
 Forms of complaint, 483-485. 
 Livery stable, 485. 
 Lotteries, 485. 
 Lomigers and loafers, 485. 
 
 Forms of complaint, 485. 
 Lumber, 485, 
 Meat, 485. 
 Meat and Fowl— Prohibited, 486. 
 
 Forms of complaint, 486. 
 Meat markets, delicatessen stores, poulterers and fish mongers, 
 ■ 486. 
 
 Forms of complaint, 486. 
 Milk and food, 486. 
 
 Forms of complaint, 486-487. 
 Minors— False representation by, 487. 
 
 Forms of complaint, 487. 
 Minors — Flipping cars by, 487. 
 
 Forms of complaint, 488. 
 Minors— Gambling in saloons by, 488. 
 
 Forms of complaint, 488. 
 Minors— Intoxication of or purchasing liquors by, 488. 
 
 Forms of complaint, 488. 
 Minors— Sale of materials impregnated with liquors, 489. 
 
 Forms of complaint, 489. 
 Minors— Sale of tobacco to, 489. 
 
 Forms of complaint, 489. 
 Mutilation of posters, 489. 
 
 Forms of complaint, 489. 
 Night scavengers, 490. 
 
 Forms of complaint, 490. 
 Night walkers, 490. 
 
 Forms of complaint, 491.
 
 772 INDEX. 
 
 [BEFEBENCES ABE TO THE PAGES.] 
 
 ORDINANCES-Continued. 
 
 Noise, 491. 
 Nurseries, 491. 
 Nuisances, 491. 
 
 Forms of complaint, 491-492. 
 Objects on window-sills, etc., 492. 
 
 Forms of complaint, 493. 
 Obstructing gutters, sewers and pipes, 493. 
 
 Forms of complaint, 493. 
 Offensively saturated ground, 493. 
 Officers, 493. 
 Oil inspector, 493. 
 Opium smoking or inhaling rooms, 494. 
 
 Forms of complaint, 494. 
 Parks and public gromids, 494. 
 
 Forms of complaint, 494-496. 
 Passengers — Comfort and safety of, 496. 
 Pawn brokers^ 496. 
 
 Forms of complaint, 496-499. 
 Peddlers, 499. 
 
 Forms of complaint, 499-500. 
 Plumbers and plumbing, 500. 
 Poisonous medicines or decoctions, 500. 
 
 Forms of complaint, 500-501. 
 Porches and steps, 501. 
 Police, 501. 
 
 Forms of complaint, 501-503. 
 Pounds and poundmasters, 503. 
 Private scavengers, 503. 
 Privy, vault, sink and cess-pool, 503. 
 
 Forms of complaint, 504-505. 
 Prohibited advertisements in newspapers, 505. 
 
 Forms of complaint, 505. 
 Public carts, express wagons, furniture vans, trucks, drays, 
 
 etc., 505. 
 Railways— Miscellaneous, 505. 
 Randolph street market, 505. 
 Roofing, 506. 
 Runners, 506. 
 
 Sail boats— Licensing" of, 506. 
 Saloons and dram shops, 506. 
 Scavengers, 506.
 
 V INDEX. 773 
 
 [eeferences are to the pages.] 
 
 ORDINANCE S - Continued. 
 
 Second-hand dealers and keepers of junk shops, 506. 
 
 Selling street car transfers, 506. 
 
 Sewer connections, 507. 
 
 Shooting galleries, rifle ranges and gun clubs, 507. 
 
 Sidewalks— Construction of, 507. 
 
 Sidewalks— Dumping clay on, 507. 
 
 Sidewalks— Forbidden uses of, 507. 
 
 Sidewalks— Grade of, 507. 
 
 SideAvalks— Openings in, 507. 
 
 Sidewalks— Space beneath, 508. 
 
 SideAvalks— Storage on, 508. 
 
 Signs, 508. 
 
 Signs— Illuminated on elevated platfonns, 508. 
 
 Slaughtering and rendering, 508. 
 
 Sleepmg rooms in bakery, packing-house or food store, 508. 
 
 Smoke, 508. 
 
 Soap factories, 509. 
 
 Spikes in railings and fences, 509. 
 
 Spilling oil on asphalt pavement, 509. 
 
 Spitting on sidewalks, &e., 509. 
 
 Forms of complaint, 509. 
 Sprinkling lawns, 509-510. 
 
 Stalls where meat, fish or vegetables are sold— Cleanliness ox, 
 510. 
 
 Forms of complaint, 510. 
 Stationary engineers, 510. 
 Steam boilers and steam plants, 510. 
 Steam railways, 510. 
 Steam whistles, 510. 
 
 Street ears — Speed of near school houses, 511. 
 Street railways, 511. 
 Streets and alleys and places under sidewalks— Use of by 
 
 private persons, 511. 
 Streets — Miscellaneous provisions, 511. 
 Streets — Removing sod or earth from, 511. 
 Sidewalks and other public places— Throwing glass bottles and 
 
 other articles on, 511. 
 Tanneries, 512. 
 
 Tenement and lodging houses, 512. 
 Theater hats, 512. 
 
 Forms of complaint, 512.
 
 774 INDEX. 
 
 [beferences aue to the pages.] 
 
 ORDINANCES-Continuecl. 
 
 Things detrimental to health, 512. 
 
 Throwing missiles, 512. 
 
 Tickers, 512. 
 
 Tires on vehicles, 512. 
 
 Trees, shrubs 'and grass plats, 513. 
 
 Tunnels, 513. 
 
 Forms of complaint, 513. 
 Tunnels— Safety of persons workmg in, 513-514. 
 Undertakers, 514. 
 Unhealthful business, 514. 
 Unlavi-ful use of premises, 514. 
 Unwholesome and adulterated food, drugs, water, &c., 514. 
 
 Forms of complaint, 514-515. 
 Unwholesome vegetables, 515. 
 
 Forms of complaint, 515. 
 Vaccination, 515. 
 Vagabonds and vagrants, 515. 
 
 Forms of complaint, 515-517. 
 Vehicles^ 517. 
 Vehicle sign, 517. 
 
 Forms of complaint, 517-518. 
 Water, 518. •'. 
 
 Water from roofs, 518. 
 Weapons — Concealed, 518. 
 Weapons— Deadly, 518. 
 Weighers, 518. 
 AVeights and measures, 518. 
 Wholesale malt liquor dealers, 519. 
 Wholesale spiritous liquor dealers, 519. 
 Wholesale vinous liquor dealers, 519. 
 Work shops, 519. 
 
 Forms of complaint, 519-520. 
 
 OTHER STATES- 
 
 Statutes of to be taken judicial notice of by municipal court, 32. 
 
 OYER- 
 
 Opposite party may have, 116. 
 
 PACKING HOUSE— SLEEPING ROOMS IN. (See Sleeping Rooms 
 
 IN Bakery, &c.) 
 PAPERS- 
 
 For use of municipal court to be provided by city, 5.
 
 INDEX. 775 
 
 [BEFEBENCES ABE TO THE PAGES.] 
 
 PARKS - 
 
 Criminal statutory provisions as to, 393. 
 PARKS AND PUBLIC GROUNDS- 
 
 Ordinanee in regard to, 494. 
 
 Forms of eomjDlaint, 494-496. 
 PARTIAL REVERSAL- 
 
 Judgment of supreme court or appellate court in case of, 139 
 PASSENGERS-COMFORT AND SAFETY OF- 
 
 Ordinance in regard to, 496. 
 PAUPERS- 
 
 Criminal statutory provisions as to, 393. 
 PAWN BROKERS- 
 
 Criminal statutory provisions 'as to, 393. 
 
 Ordinance in regard to, 496. 
 
 Forms of complaint under ordinance, 496-499. 
 PEDDLERS- 
 
 Ordinance in regard to, 499. 
 
 Forms of complaint, 499-500. 
 
 PEELS ON SIDEWALK-CASTING- 
 
 Ordiuance in regard to, 447. 
 
 Form of complaint, 447. 
 PENITENTIARIES- 
 
 Criminal statutory provisions as to, 393-394. 
 PERFORIMANCES IN STREETS. (See Games and Performances 
 
 IN Streets or in Premises Abutting on Streets.) 
 PERSONAL PROPERTY- 
 
 Jurisdiction of municipal court in actions for injuries to, 1. 
 
 PERSONATING OFFICERS OF SOCIETIES- 
 
 Criminal statutory provisions as to, 394. 
 PIG— IMLIATURE. (See Immature Calf, Pig or Lamb.) 
 PIN ALLEYS- 
 
 Ordinance in regard to, 443. 
 
 Forms of complaint, 443. 
 PIPES— OBSTRUCTING. (See Obstructing Gutters, Sewers and 
 
 Pipes.) 
 PLACE OF HOLDING COURT- 
 
 To be provided by city, 4. 
 
 PLATS- 
 
 Criminal statutoiy provisions as to, 394.
 
 776 INDEX, 
 
 [BEFEBENCES ABE TO THE PAGES.] 
 
 PLEADING- 
 
 When declaration to be filed by plaintiff in case of first class, 21. 
 When defendant is required to demur or plead in ease of first class, 
 
 21. 
 Writ not required in cases of the fourth and fifth classes, 2. 
 
 PLUMBERS AND PLUMBING- 
 
 Ordinance in regard to, 500. 
 PLURIES WRITS- 
 
 When to be issued, 27. 
 
 POISONOUS MEDICINES OR DECOCTIONS— 
 
 Ordinance in regard to, 500. 
 
 Forms of complaint, 500-501. 
 POLICE- 
 
 Ordinance in regard to, oOl. 
 
 Forms of complaint, 501-503. 
 
 POLICE OFFICERS- 
 
 Deputy bailiffs to be ex officio, 11. 
 
 To be ex officio deputy bailiffs, 11. 
 
 Duties of in criminal and quasi criminal eases, 12. 
 
 Powers of in taking bail, 31. 
 
 POLICY PLAYING- 
 
 Criminal statutory provisions as to, 394-395. 
 
 POOL TABLES- 
 
 Ordinance in regard to, 443. 
 Forms of complaint, 443. 
 
 PORCHES AND STEPS- 
 
 Ordinance in regard to, 501. 
 
 POSTERS— MUTILATION OF. (See Mutilation of Posters.) 
 
 POSTPONEMENT OF TRIAL- 
 
 For e^^dence, 124. 
 
 Immaterial evidence not be ground for, 124. 
 
 Effect of admitting affidavit on application for, 125. 
 
 In time of war, 125. 
 
 On account of party, attorney, solicitor, or counsel being member 
 of legislature, 125. 
 
 In cases of fourth and fifth classes, 29, 126. 
 POULTERERS- 
 
 Ordmance in regard to, 4SG. 
 
 Forms of complaint, 486.
 
 . mDEX. 777 
 
 I 
 
 ■ [BEFEEENCES ABE TO THE PAGES.] 
 
 f POUNDS AND POUXDMASTERS- 
 Ordiiiance in regard to, 503. 
 POWER S- 
 
 Of chief justice, 4, 5, 6, 18, 19, 38, 
 Of judges, 5-6. 
 Of clerk, 9. 
 Of bailiff, 10 
 PRACTICE ACT REWRITTEN- 
 
 See. 1. Process— Form— When returnable, 110. 
 
 Sec. 2. Suits— Where brought, 110. 
 
 Sec. 3. Suits against insurance companies. 111. 
 
 Sec. 4. Service— Return, 111. 
 
 Sec. 5. Service on incorporated companies, 112. 
 
 Sec. 6, Service on county, 112. 
 
 Sec. 7. Service on city of Chicago, 112, 
 
 Sec. 7a. Service on receivers, 112. 
 
 Sec. 8. Service less than 5 days in first class case or less than 3 
 
 days in fourth or fifth class case, 112. 
 Sec. 9. Alias writs, 113. 
 Sec. 10. Part served— sci. fa. to make parties, 113. 
 Sec. 12. Separate judgments against joint debtors, 113. 
 See. 13. Bailiff, &c., ruled to return process, 114. 
 See. 14. Clerk to issue subpoenas, 114. 
 
 Sec. 17. Chief justice to superintend preparation of calendars, 114. 
 See. 18. Declaration— Time of filing, 114. 
 
 See. 18a. Cases of fourth and fifth classes— how commenced, 114. 
 See. 18?>. . Cases of fourth and fifth classes— Summons, 115. 
 Sec. 18c. Cases of fourth and fifth classes— Defaults, 115. 
 Sec. 18d. Cases of fourth and fifth classes— Appearance of defend- 
 ant, 116. 
 See. 19. Sealed instruments, &c., 116. 
 Sec. 20. Prof ert- Oyer, 116. 
 Sec. 21. Penal bonds, 117. 
 Sec. 22. Trespass— Case, 117. 
 Sec. 23. Trover— Replevin, 117. 
 See. 24. Amendments, 117. 
 
 See. 25. Proceedings against new defendant, 118. 
 Sec. 26. Postponement on amendment, 118. 
 Sec. 27. Scire facias, 118. 
 Sec. 28. Time to plead, 119. 
 Sec. 29. Pleading— Notice, 119. 
 Sec. 30. Set-off, 119.
 
 778 
 
 INDEX. 
 
 [references are to the pages.] 
 
 PRACTICE ACT REWRITTEN- Continued. 
 Sec. 31. When disznissal not allowed, 120. 
 Sec. 32. Copy of instrument or account, 120. 
 Sec. 33. Several replications and rejoinders, 120. 
 Sec. 34. Denial of execution or assignment, 120. 
 Sec. 35. Joint rights of plaintiffs, 121. 
 Sec. 36. Joint liability— Proof, 121. 
 Sec. 37. Affidavit of plaintiff's claim, 122. 
 Sec. 38. When affidavit evidence, 122. 
 Sec. 39. Judgment by default, 123. 
 See. 40. Setting aside default and judgment, 123. 
 Sec. 41. Assessment of damages, 123. 
 See. 42. Trial by court, 124. 
 See. 43. Postponement for evidence, 124. 
 Sec. 44. Immaterial evidence— Affidavit admitted, 124. 
 Sec. 45. Effect of admitting affidavit, 125. 
 Sec. 46. Postponement in time of war, 125. 
 Sec. 47. Postponement— Member of legislature, 125. 
 Sec. 48. Cases exempted, 125. 
 
 Sec. 4Sa. Postponements in fourth and fifth class cases, 126. 
 Sec. 48&. Interrogatories before trial, 126. 
 Sec. 48c. Cross-examination of adverse party at trial, 127. 
 Sec. 4:Sd. Oral evidence on motions, 127. 
 Sec. 48e. Orders outside of court room, 127. 
 Sec. 49. Challenge of jurors— Examination on voir dire— Review 
 
 on appeal limited, 127. 
 See. 50. Non-suit on trial, 128. 
 Sec. 51. Faulty counts disregarded, 128. 
 Sec. 52. Charging jury, 128. 
 Sec. 53. Charge to be oral or written, 128. 
 Sec. 54. Marking written instructions and exception thereto— Oral 
 
 instructions and exceptions, 128. 
 Sec. 55. Written instructions taken by jui-y, 128. 
 Sec. 56. Papers, &c., may be taken by jury, 129. 
 Sec. 57. Verdict-New trial, &c., 129. 
 Sec. 58. Verdict not set aside for defective count, 129. 
 Sec. 58a. General and special verdicts, 129. 
 See. 586. Refusal to submit question of fact, &c., 130. 
 Sec. 58c. Special finding inconsistent with general verdict, 130. 
 Sec. 59. Arrest of judgment, 130. 
 See. 60. Exceptions during trial, 130. 
 Sec. 61, Exceptions in trials by court, 120.
 
 INDEX. 779 
 
 [references are to the pages.] 
 
 PRACTICE ACT REWRITTEN-Continued. 
 
 Sec. 62. Other exceptions, 130. 
 
 Sec. 63. Exceptions in ci'iminal cases, 131. 
 
 Sec. G3a. Formal exceptions and seal of judge unnecessary— Orig- 
 inal bill of exceptions to be inserted in transcript, 131. 
 
 Sec. 63&. Practice decisions only to be reviewed, when, 131. 
 
 Sec. 64. Affidavits to be filed, 132. 
 
 Sec. 65. Motions to set side or quash executions^ replevin bond, or 
 other proceeding's, 132. 
 
 Sec. 66. Judgments by confession, 132. 
 
 Sec. 67. Error coram nobis, 132. 
 
 Sec. 68. Appeals— Condition of bond, 133. 
 
 Sec. 69. Clerk may approve security, 133. 
 
 Sec. 70. No dismissal for msufficiency of bond, 133. 
 
 Sec. 71. Either of several parties may appeal, 133. 
 
 Sec. 72. State, counties, &e., may appeal without bondj 134. 
 
 Sec. 72a. Writs of error in fourth and fifth class cases— From what 
 court sued ovit— Manner of jDrosecuting, 134-137. 
 
 Sec. 73. When record to be filed, 137. 
 
 Sec. 74. Dismissal of appeal — Damages, 137. 
 
 Sec. 75. Agreed case, 138. 
 
 Sec. 76. Judge may cei'tify questions of law, 138. 
 
 See. 77. When questions of law may not be certified, 138. 
 
 Sec. 78. Writ of error not to operate as supersedeas when, 138. 
 
 Sec. 79. Cross errors, 139. 
 
 Sec. 80. Joinder in error — Pleading, 139. 
 
 Sec. 81. Final judgment on appeal— Execution, 139. 
 
 See. 82. Partial reversal— Remittitur— Remanding cause, 139. 
 
 Sec. 83. Dismissal of appeal, &c. — Execution, 139. 
 
 Sec. 84. Remanding cause — Order — Notice— Fee bill, 140. 
 
 Sec. 85. Transcript not filed within two years, 140. 
 
 See. 86. Writ of error — Limitation, 140. 
 
 Sec. 87. Proceedings when defendant in error not found, 141. 
 
 See. 88. Final order, &c.— Recital of facts, 141. 
 
 Sec. 89. Appeals and writs of error, 142. 
 
 Sec. 90. Questions of law, 142. 
 
 Sec. 91. Appeal from appellate to supreme court, 142. 
 
 See. 92. Money judgment may be paid to clerk, 143. 
 
 Sec. 93. Judicial notice of ordinances and of laws of other states, 
 143. 
 
 See. 94. Method of procedure in eases not provided for, 144. 
 
 Sec. 95. Chief justice to superintend keeping of records and pre- 
 scribe abbreviated forms, 144.
 
 780 INDEX. 
 
 [references are to the pages.] 
 
 PRACTICE IN CIVIL CASES OF FIRST CLASS- 
 How different from practice in circuit court, 86-93. 
 
 1. Return clay of summons, 88. 
 
 2. Service of summons, 88. 
 
 3. Notice by publication, 88. 
 
 4. Where suits must be brought, 88. 
 
 5. Attachment suits against non-residents, 89. 
 
 6. When summons may be served in state outside of Chicago 
 
 and when judgment may be rendered against party served, 
 89. 
 
 7. When declaration to be filed, 89. 
 
 8. When defendant must j^lead, 89. 
 
 9. Trial by jury must be demanded, 89. 
 
 10. When judgments become final, 90. 
 
 11. Examination of jurors on voir dire and rulings which may 
 
 be reviewed on api^eal or error, 90. 
 
 13. Order in which cases are to be tried, 90. 
 
 14. Charging the jury, 90. 
 
 15. Changes of venue, 91. 
 
 16. Interrogatories before trial, 91. 
 
 17. Examination of adverse party at trial, 91. 
 
 18. Oral evidence on motions, 92. 
 
 19. Bills of exceptions need not be sealed, 92. 
 
 20. Exceptions to rulings to judge unnecessaiy, 92. 
 
 21. Original bill of exceptions to be inserled in transcript, 92. 
 
 22. When appeals to be prayed, 92. 
 
 23. Practice rulings not to be reviewed except in cases of fail- 
 
 ure of justice, 92. 
 
 24. Power of court when method of procedure not provided for, 
 
 93. 
 
 25. Money judgment may be paid to clerk, 93. 
 
 26. Court to take judicial notice of ordinances and of statutes 
 
 of other states, 93. 
 
 27. Records to be kept in abbreviated form, 93. 
 
 28. Judgments to be liens when, 93. 
 PRACTICE IN CIVIL CASES OF SECOND CLASS- 
 
 How different from i^ractice in circuit court, 94-98. 
 
 1. Return of summons for new party, 98. 
 
 2. Notice by publication to xiew party, 98. 
 
 3. When appeals to be prayed, 98. 
 
 4. Exceptions to rulings of judge unnecessaiy, 98. 
 
 5. Changes of venue, 98.
 
 nsTDEX. 781 
 
 [references are to the pages.] 
 
 PRACTICE IN CIVIL CASES OF SECOND CLASS -Continued. 
 Other differences same as those in cases of first class, 97. 
 Construction of concluding clause of section 24 of Municipal 
 Court Act, 94-97. 
 
 PRACTICE IN CIVIL CASES OF FOURTH AND FIFTH 
 
 CLASSES- 
 How different from practice in circuit court, 99-108. 
 
 1. Suit commenced by praecipe and bill of particulars — When 
 
 summons returnable, 99. 
 
 2. Summons directed by bailiff — "What summons to contain, 
 
 99-100. 
 
 3. Summons served by copy — Alias and pluries summons, 100. 
 
 4. Default— Appearance of defendant, 100. 
 
 5. Defendant to file bill of particulars with set-off, 100. 
 
 6. Court to call eases at 10 a. m. each day, 100. 
 
 7. Clerk to furnish printed blanks and chief justice to pre- 
 
 scribe forms, 101, 
 
 8. Court to fix time of trial, 101. 
 
 9. Postponements of trial, 101. 
 
 10. No written pleadings, 101. 
 
 11. Bill of particulars in attachment cases, 101-102. 
 
 12. Forcible detainer cases, 102. 
 
 13. Where suit may be brought, 102. 
 
 14. Where suit may be brought against city of Chicago, 102. 
 15. . Attachment suits against non-residents, 102. 
 
 16. Forcible detainer suits against non-residents, 102. 
 
 17. Suit brought in improper district, 102. 
 
 18. Cases to be tried by jury may be sent to first district, 103. 
 
 19. Jury trial must be demanded, 103. 
 
 20. Judgments become final after 30 days, 103. 
 
 21. Examination of jurors on voir dire and rulings which may 
 
 be excepted to, 103. 
 
 22. Orders made out of court room upon notice, 103. 
 
 23. Order in which cases are to be tried, 104. 
 
 24. Charging the jury, 104. 
 
 25. Changes of venue, 104. 
 
 26. Interrogatories before trial, 104. 
 
 28. Oral evidence on motions, 105. 
 
 29. Power of court when method of procedure not provided for, 
 
 105. 
 
 30. Money judgment may be paid to clerk, 105.
 
 782 INDEX. 
 
 [kefekekcks are ao the pages.] 
 
 PRACTICE IN CIVIL CASES OF FOURTH AND FIFTH 
 CLASSES— Continued. 
 
 31. Court to take judicial notice of ordinances and of statutes 
 
 of other states, 105. 
 
 32. Records to be kept in abbreviated form, 106. 
 
 33. Judgments to be liens when, 106. 
 
 34. Final orders and judgments reviewable by writ of error 
 
 only, 106. 
 
 35. Time withm which writ of error is to be sued out, 106. 
 
 36. Stay of execution, 106. 
 
 37. Effect of denial of application for a supersedeas, 106. 
 
 38. Writ of error in favor of successful party, 100. 
 
 39. Service of scire facias to hear errors dispensed with, 106. 
 
 40. Statement or stenographic report of judge, 107. 
 
 41. Order or judgment not to be reversed excepting for sub- 
 
 stantial errors, 107. 
 
 42. Decisions on questions of practice not to be reviewed miless. 
 
 failure of justice would result, 107. 
 
 PRAECIPE- 
 
 In cases of fourth and fifth classes, 26. 
 Form of in case of fourth or fifth class, 200. 
 Form of in quasi criminal cases, 432. 
 
 PRESCRIPTIONS. (See Fraudulent Prescriptions.) 
 
 PRIVATE SCAVENGERS- 
 Ordinanee in regard to, 503. 
 
 PRIVY, VAULT, SINK AND CESS-POOL- 
 
 Ordmance in regard to, 503. 
 Forms of complaint, 504-505. 
 PRIZE FIGHTING- 
 
 Criminal statutoiy provisions as to, 395. 
 
 PROFERT- 
 
 Unnecessary, 116. 
 
 PUBLICATION OF NOTICE- 
 See non-resident, 20, 22, 98, 141. 
 
 PROHIBITED ADVERTISEMENTS IN NEWSPAPERS- 
 Ordinance in regard to, 505. 
 Forms of complaint, 505. 
 
 PUBLIC ACCOUNTANTS- 
 
 Criminal statutory provisions as to, 395.
 
 INDEX. 783 
 
 [befekences are to the pages.] 
 
 PUBLIC BUILDINGS- 
 
 Criminal statutory provisions as to, 395, 
 Defacing, 455. 
 
 PUBLIC CARTS, EXPRESS WAGONS, FURNITURE VANS, 
 TRUCKS, DRAYS, ETC- 
 Ordinance in regard to, 505. 
 
 PUBLIC EXHIBITIONS OF NOTORIOUS AND DEFORMED 
 PERSONS- 
 
 Criminal statutory provisions as to, 395-396. 
 QUALIFICATIONS- 
 
 Of judges, 7. 
 QUASI CRIMINAL CASES- 
 
 In general, 431-435. 
 
 Jurisdiction of municipal court in, 1-2. 
 
 Cases prosecuted by summons, 431-433. 
 
 Cases prosecuted by warrant, 433-435. 
 
 Forms of bills of particulars in, 432-520. 
 
 Forms of complaints in, 434-520. 
 
 Form of praecipe, 432. 
 
 Practice in as regulated by Municipal Court Act, 30, 431, 435. 
 
 Bail in, 30-32. 
 
 Ordinances of Chicago, 436-520. 
 
 Ordinances of South Park Commissioners, 521. 
 
 Ordmances of Lincoln Park Commissioners, 521. 
 
 Ordinances of West Chicago Park Commissioners, 521. 
 
 Ordinances of Sanitary District of Chicago, 521. 
 
 Costs in, 35. 
 
 Police officers to act 'as deputy bailiffs, 11-12. 
 RACING, ROUTS, RIOTS AND UNLAWFUL ASSEMBLIES— 
 
 Criminal statutoiy provisions as to, 396. 
 
 RAILINGS AND FENCES- SPIKES IN. (See Spikes in Railings 
 
 AND Fences.) 
 RAILROADS AND WAREHOUSES- 
 
 Criminal statutoiy provisions as to, 396-400. 
 
 RAILWAYS-MISCELLANEOUS- 
 Ordinanee in regard to, 505. 
 
 RANDOLPH STREET MARKET- 
 
 Ordinance in regard to, 505. 
 RECEIVERS - 
 
 No clerk, bailiff, deputy clerk or deputy bailiff tc act as, 12.
 
 784 INDEX. 
 
 [references are to the pages.] 
 
 EECEIVING AND RESTORING STOLEN PROPERTY- 
 
 Criminal statutory provisions as to, 400. 
 RECORD ENTRIES- 
 
 To be abbreviated, 38. 
 RECORDERS- 
 
 Criminal statutoiy provisions as to, 400. 
 
 RECORDS- 
 
 Blanks and books necessary for keeping of, to be furnished by- 
 city, 5. 
 Chief justice to superintend keeping;' of, 38. 
 To be kept in an abbreviated form, 38. 
 
 REFUSE. (See Garbage, Ashes axd Refuse.) 
 
 REGULATIONS- 
 
 Power of judges to make, 6. 
 REJOINDERS- 
 
 Court may rule several to be filed, 120. 
 
 REMITTITUR- 
 
 Entering of may be allowed, 139. 
 
 REMOVAL- 
 
 Of deputy clerk, 10. 
 Of deputy bailiffs, 11. 
 
 REPLEVIN- 
 
 Jurisdiction of mmiicipal court in cases of, 1-2. 
 Practice m, 170-176. 
 
 Provisions as to cases of fourth class, 29. 
 REPLEVIN ACT REWRITTEN- 
 Sec. 1. When brought, 172. 
 Sec. 2. When replevin will not lie, 172. 
 See. 3. Venue, 172. 
 See. 4. Affidavit, 173. 
 
 Sec. 5. Affidavit on information and belief, 173. 
 Sec. 6. Writ— Direction— Returnable, 173. 
 See. 7. Form of writ, 173. 
 See. 9. Alias and pluries writ, 174. 
 Sec. 10. Replevin bond, 174. 
 Sec. 11. Return, 174. 
 
 Sec. 12. Failure to take or return bond, 174. 
 See. 13. Limitation, 174. 
 Sec. 14. Execution of writ, 174. 
 Sec. 15. Service, 175.
 
 INDEX. 785 
 
 [references aee to the pages.] 
 
 REPLEVIN ACT REWRITTEN- Continued. 
 Sec. 16. Notice of publication and mail, 175. 
 Sec. 17. Declarations, 175. 
 Sec. 18. Counts in trover, 175. 
 Sec. 19. Avowry, 175. 
 
 Sec. 20. No pleadings in cases of fourth class, 176. 
 Sec. 21. Amendments, 176. 
 Sec. 22. Judgment against plaintiff, 176. 
 Sec. 23. Judgment for plaintiff, 176. 
 Sec. 24. Assessment of damages, 176. 
 Sec. 25. Suit on bond, 176. 
 Sec. 26. Defenses on suit on bond, 176. 
 
 REPLICATIONS- 
 
 Court may rule several to be filed, 120. 
 
 RESISTANCE OF OFFICERS- 
 
 Criminal statutory provisions as to, 400. 
 Forms of information, 400-401. 
 
 REPLEVIN cases- 
 How practice differs from that in circuit court, 170-171. 
 Practice in replevin cases of the first class, 170. 
 Where replevin cases of the fourth class may be brought, 170. 
 How practice in replevin cases of fourth class diffei-s from that 
 in circuit court, 171. 
 
 1. No written pleadings, 171. 
 
 2. Writs— How returnable, 171. 
 
 3. Mode of trial and proceedings subsequent to trial, 171. 
 
 RETURN- 
 
 Of summons or writ in eases of first class, 20. 
 
 Of summons or writ in cases of fourth and fifth classes, 27. 
 
 REVENUES- 
 
 Criminal statutory provisions as to, 401-402. 
 
 REVERSAL- 
 
 When allowed in cases of the fourth and fifth classes, 16. 
 Partial— Power of court with respect to, 139. 
 
 REVIEW- 
 
 Decisions on questions of practice not subject to, when, 12, 14, 15, 
 23. 
 
 RIFLE RANGES. (See Shooting Galleries, Rifle Ranges and 
 Gun Clubs.) 
 50
 
 786 INDEX. 
 
 [references ABE TO THE PAGES.] 
 
 RINDS ON SIDEWALK- CASTING- 
 
 Ordinance in regard to, 447. 
 Forms of complaint, 447. 
 ROADS AND BRIDGES- 
 
 Criminal statutory provisions as to, 402-404. 
 
 ROOFING- 
 
 Ordinance in regard to, 506. 
 
 RULES- 
 
 Power of judges with respect to, 6, 31. 
 
 Of practice. See Rules of Practice. 
 RULES OF PRACTICE— 
 
 Power of judges to adopt, 12. 
 RUNNERS- 
 
 Ordinance in regard to, 506. 
 SAIL BOATS-LICENSING OF- 
 
 Ordinance in regard to, 506. 
 
 SALARIES- 
 
 Of judges, 6. 
 
 Of clerk, 9. 
 
 Of deputy clerks, 9. 
 
 Of bailiff, 11. 
 
 Of deputy bailiffs, 11. 
 SALOONS AND DRAM SHOPS- 
 
 Ordinance in reg'ard to, 506. 
 SALTPETER CAVES- 
 
 Criminal statutoi-y provisions as to, 404. 
 
 SANITARY DISTRICT OF CHICAGO- 
 Ordinanees of, 521. 
 
 SATURATED GROUND. (See Offensively Saturated Ground.) 
 
 SCAVENGERS- 
 
 Ordinance in regard to, 506. 
 
 See also Night Scavengers, 490. 
 
 SCAFFOLDS. (See Construction of Scaffolds.) 
 
 SCHOOLS- 
 
 Criminal statutory provisions as to, 404-405. 
 
 SCIRE FACIAS TO HEAR ERRORS- 
 
 Need not be served in writs of error in cases of fourth and fifth 
 classes, 16.
 
 INDEX. 787 
 
 [references ABE TO THE PAGES.] 
 
 SEALS - 
 
 Each district to have, 4. 
 
 To be provided by city, 4. 
 
 Bills of exceptions need not have, 25. 
 
 SEALED instruments- 
 How may be sued and declared upon, IIG. 
 
 SECOND CLASS CASES. (See Cases of Second Class.) 
 
 SECOND DISTRICT- 
 Boundaries of, 3. 
 
 SECOND-HAND DEALERS AND KEEPERS OF JUNK SHOPS- 
 Ordinance in regard to, 506. 
 
 SECURITY APPROVED BY CLERK- . 
 May be allowed by order of court, 133. 
 
 SEDUCTION- 
 
 Criminal statutoi-y provisions as to, 405-406. 
 Forms of complaint, 406. 
 
 SELLING STREET CAR TRANSFERS- 
 Ordinance in regard to, 506. 
 
 SENATE BILL NO. 45- 
 
 Provisions of, 41-42, 550-586. 
 Introduced into Senate, 42. 
 
 SENATE BILL NO. 207- 
 
 Introduced into Senate, 43. 
 
 Provisions of 43. 
 SERGEANT OF POLICE- 
 
 May take bail when, 31. 
 
 SERVICE OF PROCESS- 
 
 By police officer in criminal and quasi criminal cases, 12. 
 
 In cases of first class, 20. 
 
 In cases of fourth and fifth classes, 27. 
 
 In cases of second class, 98. 
 
 SETTING ASIDE DEFAULT- 
 
 Within what time allowed, 13, 123. 
 
 SEWER CONNECTIONS— 
 
 Ordinance in regard to, 507. 
 
 SEWERS. (See Drains and Sewers.) 
 
 SEWERS -OBSTRUCTING. (See Obstructing Gutters, Sewers, 
 AND Pipes.)
 
 788 INDEX. 
 
 [BEFEBENCES ABE TO THE PAGES.] 
 
 SHANTY BOATS- 
 
 Criminal statutory provisions as to, 406. 
 SHEEP AND OTHER DOMESTIC ANIMALS- 
 
 Criminal statutory provisions as to, 40G. 
 SHERIFFS- 
 
 Criminal statutory provisions as to, 406. 
 SHOOTING GALLERIES, RIFLE RANGES AND GUN CLUBS— 
 
 Ordinance in regard to, 507. 
 SHORTHAND REPORTERS- 
 
 Deputy clerks may be, 9-10. 
 SIDEWALKS- CONSTRUCTION OF— 
 
 Ordinance in regard to, 507. 
 SIDEWALKS -DUMPING CLAY ON- 
 
 Ordinanee in regard to, 507. 
 SIDEWALKS-FORBIDDEN USES OF— 
 
 Ordinance in regard to, 507. 
 SIDEWALKS -GRADE OF- 
 
 Ordinance in regard to, 507. 
 SIDEWALKS- OPENINGS IN- 
 
 Ordinance in regard to, 507. 
 SIDEWALKS AND SIDEPATHS- 
 
 Criminal statutoiy provisions as to, 407. 
 
 SIDEWALKS -SPACE BENEATH- 
 Ordinance in regard to, 508. 
 
 SIDEWALKS-STORAGE ON- 
 Ordinance in regard to, 508. 
 
 SIDEWALKS AND OTHER PUBLIC PLACES-THROWING 
 GLASS BOTTLES AND OTHER ARTICLES ON- 
 Ordinanee in regard to, 511. 
 SIGNS- 
 
 Ordinanee in reg'ard to, 508. 
 
 SIGNS -ILLUMINATED ON ELEVATED PLATFORMS- 
 Ordinance in regard to, 508. 
 
 SLAUGHTERING AND RENDERING- 
 Ordinance in regard to, 508. 
 
 SLEEPING ROOMS IN BAKERY, PACKING-HOUSE OR FOOD 
 STORE- 
 
 Ordinanee in regard to, 508.
 
 INDEX. 789 
 
 [befeeences aee to the pages,] 
 
 SMOKE - 
 
 Ordinance in reg'ard to, 50S. 
 SOAP FACTORIES- 
 
 Ordinance in regard to, 509. 
 SOUTH PARK COMMISSIONERS- 
 
 Ordinances of, 521. 
 SPECIAL VERDICTS- 
 
 May be required by either party, 129. 
 
 Refusal to require is error when, 130. 
 
 Will control inconsistent verdict, 130. 
 SPIKES IN RAILINGS AND FENCES- 
 
 Ordinances in regard to, 509. 
 SPILLING OIL ON ASPHALT PAVEMENT— 
 
 Ordinance in regard to, 509. 
 SPITTING ON SIDEWALKS, &C.- 
 
 Ordinance in regard to, 509. 
 
 Forms of complaint, 509. 
 SPRINKLING LAWNS - 
 
 Ordinance in regard to, 509-510. 
 STALLS WHERE MEAT, FISH OR VEGETABLES ARE SOLD- 
 CLEANLINESS OF- 
 
 Ordinance in regard to, 510. 
 
 Forms of complaint, 510. 
 STATE BOARD OF HEALTH- 
 
 Criminal statutoiy provisions as to, 407. 
 STATE CONTRACTS- 
 
 Criminal statutory provisions as to, 408. 
 STATE ENTOMOLOGIST- 
 
 Criminal statutory provisions as to, 408. 
 STATE FOOD COMMISSIONER- 
 
 Criminal statutory provisions as to, 408-409. 
 
 STATEMENT- 
 
 Of facts and questions of law to be signed by judge when, 16. 
 STATE MILITIA- 
 
 Criminal statutory provisions as to, 409. 
 STATE'S ATTORNEY- 
 
 Criminal cases in municipal court to be conducted by or under 
 supervision of, 18. 
 
 Unable to act— How criminal cases prosecuted when, IS. 
 
 Criminal cases may be prosecuted by information of, 19.
 
 790 INDEX. 
 
 [references are to the pages.] 
 
 STATIONARY ENGINEERS- 
 
 Ordinance in regard to, 510. 
 STATIONERY- 
 
 To be furnished by city of Chicago for municipal court, 5. 
 STATUTES- 
 
 Of other states to be taken judicial notice of by municipal court, 32. 
 
 Of territories to be taken judicial notice of by municipal court, 32. 
 STAY OF EXECUTION- 
 
 How obtained in case of fourth or fifth class, 15. 
 STEAM BOILERS AND STEAM PLANTS- 
 
 Ordinance in regard to, 510. 
 STEAM PLANTS. (See Boilers and Steaji Plants.) 
 STEAM RAILWAYS - 
 
 Ordinance in regard to, 510. 
 STEAM WHISTLES- 
 
 Ordinance in regard to, 510. 
 STENOGRAPHIC REPORT- 
 
 Of trial to be signed by judge when, 16. 
 STEPS. (See Porches and Steps.) 
 
 STREET CAR TRANSFERS. (See Selling Street Car Trans- 
 fers. ) 
 STREETS AND ALLEYS AND PLACES UNDER SIDEWALKS- 
 USE OF BY PRIVATE PERSONS- 
 
 Ordinance in regard to, 511. 
 STREET CARS-SPEED OF NEAR SCHOOL HOUSES- 
 
 Ordinance in regard to, 511. 
 STREETS-MISCELLANEOUS PROVISIONS- 
 
 Ordinance in regard to, 511. 
 STREET RAILWAYS- 
 
 Criminal statutory provisions as to, 409-410. 
 STREET RAILWAYS- 
 
 Ordinance in regai'd to, 511. 
 
 STREETS-REMOVING SOD OR EARTH FROM- 
 
 Ordinance in regard to, 511. 
 SUBPOENA- 
 
 Clerk to issue, 114. 
 
 Clerk may be fined for refusal to issue, 114. 
 SUBSTANTIAL ERRORS- 
 
 Judgments of municipal court to be reversed only for, 16.
 
 INDEX. 791 
 
 [refesences are to the pages.] 
 
 SUMMONS- 
 
 When returnable in ease of first class, 20. 
 
 When returnable in case of second class, 98. 
 
 How served in case of first class, 20. 
 
 When returnable in ease of fourth or fifth class, 27. 
 
 How served in case of fourth or fifth class, 27. 
 
 Quasi criminal cases to be prosecuted by wJien, 30. 
 
 SUNDAY- 
 
 Criminal statutoiy pro\dsions as to, 410. 
 Forms of complaint, 410. 
 
 SUPERIOR COURT OF COOK COUNTY- 
 
 Jurisdiction of municipal court in cases transferred from, 1-2. 
 May transfer cases to municipal court when, 17. 
 
 SUPERSEDEAS- 
 
 Application for in cases of the fourth and fifth classes, 15. 
 Denial of to amount to affirmance of judgment when, 15. 
 Bond vmnecessai-y when, 15. 
 Writ of error not to operate as when, 138. 
 
 SUPPLIES- 
 
 For municipal court to be furnished by city of Chicago, 5. 
 
 SURVEYORS AND SURVEYS- 
 
 Criminal statutoiy provisions as to, 410. 
 
 SWINE- 
 
 Ordinance in regard to, 448. 
 
 TANNERIES- 
 
 Ordinance in regard to, 512. 
 
 TELEGRAPH AND TELEPHONE COMPANIES— 
 Criminal statutory provisions as to, 411. 
 
 TENEMENT AND LODGING HOUSES- 
 Ordinance in regard to, 512. 
 
 TERMS OF COURT- 
 
 There shall be none in municipal court, 13. 
 
 TERMS OF OFFICE- 
 Of judges, 7, 8, 39. 
 Of clerk, 9. 
 Of bailiff, 10. 
 
 TERRITORIES- 
 
 Laws of, taken judicial notice of by municipal court, 32..
 
 792 INDEX. 
 
 [REFEBENCES ABE TO THE PAGES.] 
 
 THEATER HATS- 
 
 Ordinauce in regard to, 512. 
 
 Forms of complaint, 512. 
 THINGS DETRIMENTAL TO HEALTH- 
 
 Ordinance in regard to, 512. 
 THIRD CLASS CASES. (See Cases of Third Class.) 
 THIRD DISTRICT- 
 
 Boundaries of, 3, • 
 
 THROWING GLASS BOTTLES ON SIDEWALKS. (See Streets 
 
 AND Other Public Places— Throwing Glass Bottles on.) 
 THROWING MISSILES- 
 
 Ordinance in regard to, 512. 
 TICKERS- 
 
 Ordinanee in regard to, 512. 
 TIMBER- 
 
 Criminal statutory' provisions as to, 412. 
 TIME TO PLEAD- 
 
 In ease of first class, 21. 
 
 May be extended, 21. 
 TIRES OF VEHICLES- 
 
 Ordinance in regard to, 512. 
 
 TOBACCO- 
 
 Criminal statutory provisions as to, 412. 
 
 Forms of complaint, 412. 
 
 Sale of to minors, 489. 
 TOLL BRIDGES— 
 
 Criminal statutory provisions as to, 412. 
 
 TOLL ROADS- 
 
 Criminal statutory i^rovisions as to, 413. 
 TOWNSHIP ORGANIZATION— 
 
 Criminal statutory provisions as to, 413. 
 TRADE MARKS AND LABELS - 
 
 Criminal statutory provisions as to, 413-414. 
 
 TRANSCRIPT- 
 
 Of record to be written out in full when, 38. 
 
 Of judgment to be filed in recorder's office, when, 38, 39. 
 
 When to be filed in Supreme Court or Appellate Court in appeals 
 
 and writs of error in eases of first, second and third classes, 237. 
 Of judgment to be certified to Supreme Court or Appellate Court 
 
 in writ of error in case of fourth or fifth class, 17.
 
 INDEX. 793 
 
 [references are to the pages.] 
 
 TRANSFER OF CASES- 
 
 From Circuit, Superior and Criminal Courts of Cook county, 17. 
 
 TREES, SHRUBS AND GRASS PLATS- 
 Ordinance in regard to, 513. 
 
 TRESPASS- 
 
 Criminal statutory provisions as to, 414. 
 
 Forms of information, 414. 
 
 Distinction between and case abolished, 117. 
 
 TROVER— 
 
 Jurisdiction of municipal court in actions of, 1-2. 
 
 TRUCKS. (See Public Carts, Express Wagoxs, Furniture Vans, 
 Trucks, Drays, &c.) 
 
 TRUSTS, POOLS AND COMBINATIONS- 
 Criminal statutory provisions as to, 414-415. 
 
 TUNNELS- 
 
 Ordinance in regard to, 513. 
 Forms of complaint, 513. 
 
 TUNNELS -SAFETY OF PERSONS WORKING IN- 
 Ordinance in regard to, 513-514. 
 
 UNDERTAKERS - 
 
 Ordinance in regard to, 514. 
 
 UNHEALTHFUL BUSINESS- 
 Ordinance in regard to, 514. 
 
 UNITED STATES- 
 
 Criminal statutory provisions as to, 415. 
 
 UNLAWFUL USE OF PREMISES- 
 Ordinance in regard to, 514. 
 
 UNWHOLESOME AND ADULTERATED FOOD, DRUGS, 
 WATER, &C.- 
 
 Ordinance in regard to, 514. 
 Forms of complaint, 514-515. 
 
 UNWHOLESOME VEGETABLES- 
 Ordinance in regard to, 515. 
 Forms of complaint, 515. 
 
 VACANCIES- 
 
 In office of chief justice or associate judge filled by election, 7. 
 Of chief justice filled by appointment, when, 7.
 
 794 INDEX. 
 
 [references are to the pages.] 
 
 VACATIONS - 
 
 Of judges, duration of, 6. 
 
 To be taken at such time as may be determined by chief justice, G. 
 VACCINATION- 
 
 Ordinance in regard to, 515. 
 VAGABONDS- 
 
 Criminal statutory provisions as to, 415. 
 
 Forms of information, 416-417. 
 
 Ordinance in regard to, 515. 
 
 Forms of comi3laint under ordinance, 515-517. 
 VAGABONDS AND VAGRANTS- 
 
 Ordinance in regard to, 515. 
 
 Forms of complaint, 515-517. 
 VAGRANTS. (See Vagabonds axd Vagrants.) 
 VEGETABLES. (See Fruits^ Berries and Vegetables.) 
 VEHICLES- 
 
 Ordinance in regard to, 517. 
 
 Lights on, 482. 
 VEHICLE SIGN- 
 
 Ordinance in regard to, 517. 
 
 Forms of complamt, 517-518. 
 VENIRES- 
 
 For jurors to be directed and served by sheriff of Cook county, 18. 
 
 Expense of serving to be paid by countj', 18. 
 VERDICT- 
 
 May be pronounced in open court, 129. 
 
 May be entered by clerk in form, 129. 
 
 Not to be set aside for defective count, 129. ' 
 
 Special may be demanded, 129. 
 
 Refusal to require is error when, 130. 
 
 Special will control general, 130. 
 VESSELS. (See Harbor, Harbor Master, Bridges, Wharves and 
 
 Vessels. ) 
 WALLS OF RAILWAYS -INCLOSING. (See Inclosing Walls or 
 
 Fences op Railways.) 
 WARRANT- 
 
 When to be issued in quasi criminal cases, 30. 
 
 Where to be served in quasi criminal cases, 30. 
 WATER— 
 
 Ordinance in regard to, 518.
 
 INDEX. 795 
 
 [eeferences aee to the pages.] 
 
 WATER FROM ROOFS- 
 
 Ordinanee in regard to, 518. 
 WEAPONS-CONCEALED- 
 
 Ordinance in regard to, 518. 
 WEAPONS-DEADLY- 
 
 Ordinanee in regard to, 518. 
 WEIGHERS- 
 
 Ordinanee in regard to, 518. 
 WEIGHTS AND MEASURES- 
 
 Ordinance in regard to, 518. 
 
 Criminal statutory provisions as to, 417. 
 WEST CHICAGO PARK COMMISSIONERS- 
 
 Ordinances of, 521. 
 WHARVES. (See Harbor^ Harbor Master, Bridges, Wharves and 
 
 Vessels.) 
 WHOLESALE MALT LIQUOR DEALERS- 
 
 Ordinanee in regard to, 519. 
 WHOLESALE SPIRITOUS LIQUOR DEALERS- 
 
 Ordinanee in regard to, 519. 
 WHOLESALE VINOUS LIQUOR DEALERS- 
 
 Ordinance in regard to, 519. 
 WILD ANIMALS. (See Exhibiting Wild Animals.) 
 WINDOW-SILLS. (See Objects on Window-Sills.); 
 WITNESSES- 
 
 Criminal statutory provisions as to, 417-418. 
 
 WORK SHOPS- 
 
 Ordin'ance in regard to, 519. 
 
 Forms of complaint, 519-520. 
 WRITS OF ERROR. (See Error- Writs of.),