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.

68. APPEALS-BOND.] § 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: Provided, 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 judgment, decree or order 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. [R. S. 1845, p. 420, § 47; L. 1865, p. 3, § 1.

69. CLERK MAY APPROVE SECURITY.] § 68. The clerk of the court may, by order of the court, 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. [L. 1859, p. 133, § 2.

70. NEW BOND.] § 69. Hereafter no appeal to the supreme court shall be dismissed by reason of any informality or insufficiency of 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. [L. 1859, p. 133, § 1.

71. EITHER OF SEVERAL DEFENDANTS MAY APPEAL, ETC.] 870. 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 pur pose shall be permitted to use the names of all 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. [R. S. 1845, p. 420, § 51.

72. APPEAL OR ERROR BY STATE INSTITUTIONS.] §71. The corporations of the Illinois Asylum for the Education of the Deaf and Dumb, the Illinois State Hospital 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, without requiring any bond to be given, as is now required by law. [L. 1863, p. 24, § 1.

73. TIME OF FILING TRANSCRIPT.] § 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 succeed

ing 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. [L. 1865, p. 3, § 2.

74. DAMAGES AGAINST APPELLANT.] § 73. When appeals from decrees, judgments or orders 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 recovered in the inferior court-for the collection of which the appellee shall be entitled to execution, as on other judgments. [See "Costs," ch. 33, § 23. L. 1865, p. 4, § 3.

75. AGREED CASE-APPEALS, ETC., ON.] § 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 be tween 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. [R. S. 1845, p. 145, § 16.

76. CERTIFYING POINTS IN CASE TO SUPREME COURT.] § 75. Any judge of a supreme court, or the superior court 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 rendering 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 su preme court as if a full and complete record had been transcribed and certified to said court. [R. S. 1845, p. 145, § 17.

77. EXCEPTION.] § 76. The two preceding sections shall not apply to cases in which the title to real estate is in question. [R. S. 1845, p. 145, § 18.

78. SUPERSEDEAS.] § 77. No writ of error shall operate as a 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 file 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. [R. S. 1845, p. 421, § 54.

79. CROSS ERRORS.] § 78. In all cases of appeal to the supreme court, or writ of error, the appellée or defendant in error may assign cross errors; and the court shall dispose of the same as in other cases of assignment or error. [L. 1869, p. 163, § 1.

80. JOINDER IN ERROR-PLEADING.] § 79. No judgment, decree or order shall be reversed 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.

81. JUDGMENTS-EXECUTION-REMAND.] § 80. In all cases of appeal and writs of error, the supreme 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 proceedings may be had thereon. [R. S. 1845, p. 420, § 49.

82. PARTIAL REVERSAL-REMITTITUR-REMAND.] § 81. The supreme court, in case of a 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. [R. S. 1845, p. 421, § 52.

83. PROCEDENDO.] § 82. When an appeal or writ of error shall be prosecuted from a judgment, decree or order to the supreme 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. [R. S. 1845, p. 420, § 50.

84. PROCEEDINGS ON REMAND.] § 83. When a cause or proceeding is remanded by the 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.

85. CASE ABANDONED.] § 84. If neither party shall file such transcript within two years from the time of the making of the final order of the supreme court reversing any judgment or proceeding, the cause shall be considered as aban doned, and no further action shall be had therein.

86. LIMITATION.] § 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. R. S. 1845, p. 421, § 53.

87. NOTICE BY PUBLICATION AND MAIL.] 8 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 the cause was originally instituted; but if no newspaper shall be published in such county, then such notice shall be published in a newspaper published caid county, containing notice of the pendency of such suit, the na title of the court, and the time and place of th case; and he shall also, within ten days of the fi

the

the

ice,

send a copy thereof by mail, addressed to such defendant and 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. Such notice shall be published for four successive weeks, the first insertion of which said notice. shall be at least forty days before the first day of the term of court to which said writ is made returnable; and unless said time has intervened, no pro ceedings therein shall be had at said term, but the said cause shall stand continued to the next term of said court: Provided, that in case both parties appear and consent to a hearing, the said cause may then be heard. [As amended by act of April 24, 1873; in force July 1, 1873.

SECTION

1. Doors to open outward. 2. Penalty.

CHAPTER 111.

PUBLIC BUILDINGS.

SECTION

3. When buildings may be closed.

AN ACT to regulate the means of egress from public buildings. [Approved March 28, 1874. In force July 1, 1874.] 1. DOORS TO OPEN OUTWARD.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That all public buildings now in process of construction or hereafter to be built or constructed, which may or shall be used for churches, school houses, operas, theatres, lecture rooms, hotels, public meetings, town halls, or which may or shall be used for any purpose whereby a collection of people may be assembled together for religious worship, amusement or instruction, shall be so built and constructed that all doors leading from the main hall or place where said collection of people may be assembled, or from the principal room which may be used for any of the purposes aforesaid, shall be so swung upon their hinges and constructed that said doors shall open outward; and that all means of egress for the public from the main hall or principal room, and from the building, shall be by means of doors which shall open outwards from the main hall or building.

2. PENALTY.] § 2. That any person or persons who shall fail or refuse to comply with the provisions of this act shall be fined in any sum not less than $100 nor more than $1,000.

3. WHEN PUBLIC BUILDINGS MAY BE CLOSED.] § 3. That in all cities and towns having a population of two thousand inhabitants, and upwards, the mayor, or other corporate authorities of said town or city, shall be empowered and he is hereby authorized to close and prohibit all public buildings, hereafter erected, from being used in violation of this act.

AN ACT to revise the law in relation to quo warranto. [Approved March 23, 1874. In force July 1, 1874.) 1.

WHEN AND AT WHOSE INSTANCE WRIT MAY ISSUE-PETITION-INFORMATION-PARTIES.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That in case any person shall usurp, intrude into or unlawfully hold or execute any office or franchise, or any office in any corporation created by the authority of this state, or any public officer shall have done or suffered any act which, by the provisions of law, works a forfeiture of his office, or any association or number of persons shall act within this state as a corporation without being legally incorporated, or any corporation does or omits any act which amounts to a surrender or forfeiture of its rights and privileges as a corporation, or exercises powers not conferred by law, or if any railroad company doing business in this state shall charge an extortionate rate for the transportation of any freight or passenger, or shall make any unjust discrimination in the rate of freight or passenger tariff over or upon its railroad, the attorney-general or state's attorney of the proper county, either of his own accord or at the instance of any individual relator, may present a petition to any court of record of competent jurisdiction, or any judge thereof in vacation, for leave to file an information in the nature of a quo warranto, in the name of the People of the State of Illinois; and if such court or judge shall be satisfied that there is probable ground for the proceeding, the court or judge may grant the petition, and order the information to be filed and process to issue. When it appears to the court or judge that the several rights of divers parties to the same office or franchise may properly be determined on one information, the court or judge may give leave to join all of such persons in the same information, in order to try their respective rights to such office or franchise. [R. S. 1845, p. 429, § 1.

2. SUMMONS-WHEN RETURNABLE.] § 2. On the filing of such information, the clerk of the court shall issue a summons in like form as other summons, commanding the defendant to appear at the return term thereof, to answer the relator in an information in the nature of a quo warranto. If the information is filed in vacation, the summons shall be made returnable on the first day of the next succeeding term; if in term time, it may be made returnable on any day of the same term, not less than five days after the date of the writ, as shall be directed by the

court.

3. SERVICE OF SUMMONS-BY COPY OF INFORMATION.] § 3. The summons may be served in the same manner as other summons in suits at law, but if any defendant resides or is out of the state, he may be served with a copy of the information in the same manner and with like effect, and the service may be proved in the same way as provided in the case of bills in chancery. [See "Chancery," ch. 22, § 14. L. 1853, p. 181, § 2, 3.