Exceptions in criminal cases.

Affidavits.

Stay of pro

ceedings.

judgments.

trials, motions to amend, and for continuances of causes, shall be allowed; and the party excepting may assign for error any decision so excepted to.

§ 62. Exceptions taken to decisions of any court in this state, overruling motions in arrest of judgment for new trials, or for continuances, or change of venue, shall be allowed in criminal cases, and in penal and qui tam actions; and the party excepting to such decisions may assign the same for error, in the same manner as in civil cases.

§ 63. All affidavits read in court during the progress of any cause, and relating thereto, shall be filed and preserved by the clerk.

864. A party intending to move, out of term, to set aside or quash any execution, replevin bond or other proceedings, may apply to the judge at his chamber, for a certificate (and which the said judge may in his discretion grant), certifying that there is probable cause for staying further proceedings until the order of the court on the motion; and a service of a copy of the certificate at the time of, or after the service of the notice of the motion, shall thenceforth stay all further proceedings accordingly. But in no case shall the judge grant such certificate when the error complained of may, by the direction of the judge to the clerk issuing the process, be corrected, but the judge shall order the correction, and the clerk shall make the correction in the process as if ordered in term time; nor unless the applicant shall have given notice of such motion to the opposite party, or his attorney of record, if they or either of them can be found in the county from which the writ issued.

Confession of $65. Any person, for a debt bona fide due, may confess judgment by himself or attorney duly authorized, either in term time or vacation, without process. Judgments entered in vacation shall have like force and effect, and from the date thereof become liens, in like manner and extent as judgments entered in term.

Errors.

Appeal, bond.

866. The writ of error coram nobis is hereby abolished, and all errors in fact committed in the proceedings of any court of record, and which by the common law could have been corrected by said writ, may be corrected by the court in which the error was committed, upon motion in writing made at any time within five years after the rendition of final judgment in the case, upon reasonable notice. When the person entitled to make such motion shall be an infant, feme covert, non compos mentis, or under duress, at the time of passing judgment, the time of such disability shall be excluded from the computation of said five years.

$67. Appeals from all circuit courts and from the superior court of Cook county, may be taken to the supreme court from all final judgments, decrees and orders: Provi ded, such appeals shall be prayed for and allowed at the

term at which the judgment, decree or order was rendered: And, provided, the party praying for 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 court from which the appeal is prayed, bond, in a reasonable amount to secure the adverse party, to be fixed by the court, with sufficient security to be approved by the court. If the appeal 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 judg ment, decree or order appealed from. The obligee in such bond may at any time, on a breach of the condition thereof, bave and maintain an action at law, as on other bonds.

bond.

68. The clerk of the court may, by order of the court, Security made at the time of praying the appeal, and entered of record, approve of the security offered upon such bond, and such approval may be made in term time or vacation.

on

869. Hereafter no appeal to the supreme court shall be Insumciency of dismissed by reason of any informality or insufficiency of bond. the appeal bond, if the party taking such appeal shall, within a reasonable time, to be fixed by the court, file a good and sufficient appeal bond in such cause, to be approved by said court.

§ 70. In all cases where a judgment or decree shall be rendered in any circuit court, or in the superior court of Cook county, in any case whatever, either in law or in chancery, against two or more persons, either one of said persons shall be permitted to remove said suit to the supreme court, by appeal or writ of error, and for that purpose shall be permitted to use the names of all of said persons, if necessary; but no costs shall be taxed against any person who shall not join in said appeal or writ of error. And all such cases shall be determined in said supreme court as other suits are, and in the same manner that it would have been if all the parties had joined in said appeal or writ of error.

When Jug

ment is against

two or more.

71. The corporations of the Illinois Asylum for the State instituEducation of the Deaf and Dumb, the Illinois State Hos. tions. pital for the Insane, the Illinois Institution for the Education of the Blind, and the Board of Education of the State of Illinois, and all other charitable, educational, penal or reformatory institutions under the patronage or control of the state, may, in all cases of appeal or writ of error by them to the supreme court, prosecute the same without giving bond; and the supreme court, or the judges thereof, in vacation, may grant writs of supersedeas, or any writs of error or appeal, when prosecuted by said corporations, withont requiring any bond to be given, as is now required by law.

cords.

Copies of re- § 72. Authenticated copies of records of decrees, judgments and orders appealed from, shall be filed in the office of the clerk of the supreme court, on or before the second day of the succeeding term of said court: Provided, twenty days shall have intervened between the date of the decree, judgment or order appealed from, and the sitting of said supreme court; but if ten days, and not twenty, shall have intervened, as aforesaid, then the record shall be filed, as aforesaid, on or before the tenth 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 supreme court upon good cause shown.

lant.

Judgment

873. When appeals from decrees, judgments or orders against appel- for the recovery of money are dismissed by the supreme court for want of prosecution, or for failing to file authenticated copies of records, as required by law, the court shall enter judgment against the appellant for not less than five nor more than ten per cent. damages on the amount recov ered in the inferior court-for the collection of which the appellee shall be entitled to execution as on other judg

Agreed case.

Questions cer

coart.

ments.

§ 74. The parties in any suit or proceeding at law, or in chancery, in any circuit court, or the superior court of Cook county, may make an agreed case, containing the points of law at issue between them, and file the same in the said court; and the said agreed case, with the decision thereon, may be certified to the supreme court by the clerks of such courts, without certifying any fuller record in the case; and upon such agreed case being so certified and filed in the supreme court, the appellant or plaintiff in error may assign errors, and the case shall then be proceeded in in the same manner as it might have been had a full record been certified to said supreme court.

$75. Any judge of a circuit court, or the superior court tined to supr'me of Cook county, 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 supreme court, together with his decision thereon, or the parties in the suit may agree as to the questions 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 court reudering the decision, 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 supreme court, and filed therein; and upon filing the same, the like proceedings may be had in the supreme court as if a full and complete record had been transcribed and certified to said court.

Title to real § 76. The two preceding sections shall not apply to cases in which the title to real estate is in question.

estate. .

§ 77. No writ of error shall operate as a supersedeas supersedeas. unless the supreme court, or some justice thereof in vacation, after inspecting a copy of the record, shall order the same to be made a supersedeas, nor until the party procuring such writ shall tile a bond in the manner and with the conditions required in case of appeal; when the clerk issuing such writ shall indorse thereon that it shall be a supersedeas, and operate accordingly. And the parties in writs of error shall be subject to the same judgment and mode of execution as is provided in case of appeal.

§ 78. In all cases of appeal to the supreme court, or Cross errors. 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.

§ 79. No judgment, decree or order shall be reversed Joinder in error. by the supreme court upon appeal or writ of error, for want of a joinder in error; but upon error being assigned, if the opposite party does not plead in proper time, the cause shall be treated as if error had been joined.

Judgment of

§ 80. In all cases of appeal and writs of error, the supreme court may give final judgment and issue execution, supreme court. or remand the cause to the inferior court, in order that an execution may be there issued, or that other proceedings may be had thereon.

$81. The supreme court, in case of a partial reversal, Partial reversal. shall give such judgment or decree as the inferior court ought to have given, and for this purpose may allow the entering of a remittitur either in term time or vacation, or remand the cause to the inferior court for further proceedings, as the case may require.

When copy of

filed.

82. When an appeal or writ of error shall be prose- the order of sucuted from a judgment, decree or order to the supreme preme court is court, and such appeal or writ of error is dismissed, or the judgment, decree or order is affirmed, upon a copy of the order of the supreme court being filed in the office of the clerk of the court from which the case was removed, execution may issue, and other proceedings be had therein in all respects as if no appeal or writ of error had been prosecuted.

remanded.

83. When a cause or proceeding is remanded by the When cause is supreme court, upon a transcript of the order of the supreme court remanding the same being filed in the court from which the cause or proceeding was removed, and not less than ten days' notice thereof being given to the adverse party or his attorney, the cause or proceeding shall be reinstated therein. In case of non-resident parties, or parties who cannot be found so that personal notice can be served upon them, the notice may be given as in cases in chancery, or as may be directed by the court.

§ 84. If neither party shall file such transcript within two years from the time of the making of the final order of

Cause

doned.

aban

Writ of error limited.

defendant.

the supreme court reversing any judgment or proceeding, the cause shall be considered as abandoned, and no further action shall be had therein.

§ 85. A writ of error shall not be brought after the expiration of five years from the passing of the judgment complained of; but when a person, thinking himself aggrieved by any decree or judgment that may be reversed in the supreme court, shall be an infant, feme covert, non compos mentis, or under duress when the same was passed, the time of such disability shall be excluded from the computation of the said five years.

Non-resident 86. When any plaintiff in error shall file in the office of the clerk of the supreme court an affidavit showing that any defendant resides or hath 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 attorney who appeared in the cause in the court to which the writ is directed, or that upon diligent inquiry their places of residence cannot be ascertained, the clerk of the supreme court shall cause publication to be made in some newspaper published in the county in which his office is kept, 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 summons in the case; and he shall also, within ten days of the first publication of such notice, send a copy thereof by mail, addressed to such defendant and attorney whose places 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.

APPROVED February 22, 1872.

DESCENT OF PROPERTY.

In force July 1, 1872.

AN ACT in regard to the descent of property.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That estates, Intestate estate. both real and personal, of residents and non-resident proprietors in this state dying intestate, or whose estates or any part thereof shall be deemed and taken as intestate estate, after all just debts and claims against such estates are fully paid, shall descend to and be distributed in manner following, to-wit: