Εικόνες σελίδας
PDF
Ηλεκτρ. έκδοση

25. Further exception. 25. No change of venue shall be granted after the first term at which the applicant might have been heard, unless he shall show that the causes for which a change is asked have arisen or come to his knowledge since the term at which the application might have been made. [R. S. 1845, p. 528, § 6.

26. Only one change. § 26. No more than one change of venue shall be granted to the same defendant. [R. S. 1845, p. 528, 5.

27. When change granted in vacation. § 27. When a change of venue is granted in vacation, the judge granting it shall immediately transmit the petition and affidavits, and his order directing the change of venue, to the clerk of the court, who shall file the same in his office and make an entry of such order on the records of the court. S. 1845, p. 529, $9.

[R.

28. Transmitting papers, etc. $ 28. In all cases of change of venue the clerk of the court from which the change is granted shall immediately make a full transcript of the record and proceedings in the case, and of the petition, affidavits and order for the change of venue, and transmit the same, together with all papers filed in the case, includ ing the indictment and recognizances of the defendant and all witnesses, to the proper court: Provided, that when the change is granted to a part but not all of several defendants, a certified copy of the indictment or information, and of the other papers in the case, shall be transmitted to the court to which the change of venue is ordered, and such certified copies shall stand as the originals. Such transcript and papers may be transmitted by mail, or in such other way as the court or judge may direct.

[R. S. 1845. P. 529, 88 9, 10. Granger v. Warrington, 3 Gilm. 299; Holliday v. People, Gilm. 1: Smith v. People, 36 Ill. 290; Yates v. People, 38 Ill. 528; Rainey v. People, 3 Gilm. 71; Gardner v. People, 20 Ill. 433; Kelly v. People, 39 Ill. 158: Morton v. People, 47 Ill. 476; Nomaque y. People, Breese, 145; Hunter v. People, 1 Scam. 453.

29. Filing transcript, etc.-docketing cause, etc. $29. The clerk of the court to which the venue is changed shall file the transcript and papers transmitted to him, and docket the case; and such case shall be proceeded in and determined in all things, as well before as after judgment, as if it had originated in such court. [R. S. 1845, p. 529, $$ 9. 10.

30. Transferring person. § 30. When the applicant is in custody or confined in jail, the court or judge shall make an order to the sheriff or other officer having custody of the applicant, to remove his body to the common jail of the county to which the venue is changed, and there deliver him to the keeper of said jail, together with the warrant by virtue of which he is confined or held in custody, not more than three days next before the first day of the term of said court; and the sheriff shall obey such order, and shall indorse on such warrant of commitment the reason of the change of custody, and shall deliver such warrant, with the body of the prisoner, to the keeper of the jail of the proper county, who shall receive the same and give to the sheriff a receipt therefor, and shall take charge of and keep the prisoner in the same manner as if he had originally been committed to his custody. [R. S. 1845, p. 528, § 5.

31. Parties and witnesses to attend trial. § 31. When the venue shall be changed in any criminal case, the parties and witnesses, and all others who may have entered recognizances to attend the trial of such cause, having notice of the change of venue, must attend at the time and place at which the trial is to be had according to such change, and a failure to do so shall work a forfeiture of the recognizance. [R. S. 1845, p. 529, § 12.

32. Recognizing witnesses. 32. When the venue is changed in term time, the State's attorney shall have all the witnesses on the part of the prosecution recognized to appear at the court to which the change is ordered on the first day of the term at which the trial is to be had. [R. S. 1845, p. 529, 13; Stebbins v. People, 27 Ill. 240.

33. Costs. $33. Upon the termination of any trial when a change of venue has been obtained, the clerk of the court in which [*1097] the trial is had shall make out a true and correct statement of all the costs, fees, and all other necessary charges, claims and expenses of the county in which the trial is had, resulting from such change of venue, or growing out of, and incident to the trial of said case, or required in executing any and all orders of the court made in said case, which have been paid by the county in which the trial is had, or for which said county is liable, and such account shall be duly certified to by said clerk, and when so certified, shall be paid by the county in which such indictment or information was found to the county in which the trial is had; and all fines imposed and collected in the county where the trial is had shall be paid over to the county in which the indictment or information was found. [As amended June 14, 1887. In force July 1, 1887. L. 1887, p. 307.

34. Transcript of judgment or decree in civil cases. 34. Upon the entry of judgment or decree in any civil cause in which the venue has been changed, it shall be lawful for the party in whose favor judgment or decree is rendered, to file in the office of the clerk of the court where the suit was instituted a transcript of such judgment and decree, and said clerk shall enter the same in his judgment docket, and execution may issue thereon, and the same shall, from the time of filing such transcript, have the same operation and effect as if originally recovered in such court.

[Goodell v. Townsend, 13 Ill. 600; Jackson v. People, 18 Ill. 269; Sapp v. W., 103 IL, 165-9.

35. Irregularities waived. §35. All questions concerning the regularity of proceedings in obtaining changes of venue, and the right of the court to which the change is made to try the cause and execute the judgment, shall be considered as waived after trial and verdict. [R. S. 1845, p. 530, § 15.

§ 26, repeal, omitted. [See "Statutes," ch. 131, § 5.

[Gardner v. People, 3 Scam. 83; Brennan v. People, 15 Ill. 515; Radcliff v. Noyes, 43 Ill. 318.

[merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small]

AN ACT to revise the law in relation to weights and measures. [Approved Feb

ruary 27, 1874. In force July 1, 1874.]

1. Standard. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the weights and measures received from the United States, and now in charge of the secretary of State, to-wit: one yard measure, one-half bushel, one wine gallon, one wine quart, one wine pint, one wine half pint, one set of avoirdupoise weights, consisting of fifty, twenty-five, twenty, ten, five, four, three, two and one pounds, and from eight ounces down to one drachm; one set of troy weights, from five thousand pennyweights down to half a grain, and from one pound down to the ten-thousandth part of an ounce, together with the three sets of balances, when received from the United States, shall be and remain, and be used as the sole authorized public standard of weights and measures. [R. S. 1845, p. 532, § I.

2. To be kept by State sealer. 2. Such weights, measures and balances as may be procured, from time to time, to replace those before mentioned, shall be preserved in the same form, and of the same dimensions, the denominations of the weights and measures being marked thereon, respectively; and they shall be sealed with the seal which is kept for that purpose by the State sealer.

3. Heaped measure. 3. All commodities sold by heaped measure, shall be duly heaped up in the form of a cone, the outside of the measure by which the same shall be measured to be the limit of the base of such cone, and such cone to be as high as the article to be measured will admit. [R. S. 1845, p. 532, 2.

4. Measures not heaped. $ 4. The measures used for measuring dry commodities, not heaped, shall be stricken with a straight stick or roller, and of the same diameter from end to end. [R. S. 1845, p. 532, 3.

5. Hundred weight-ton. 5. The hundred weight shall consist of one hundred pounds, and twenty such hundred weights shall con stitute a ton. [R. S. 1845, p. 532, § 5.

6. Contracts must be according to standard. § 6. Contracts hereafter to be executed, made within this State, for any work to be done, or for any thing to be sold, delivered, done or agreed for, by

weight or measure, shall be taken and construed to be made according to the standard weight and measure thus ascertained. [R. S. 1845, P. 532, § 4.

7. Weight per bushel. § 7. Whenever any of the following articles shall be contracted for, or sold or delivered, and no [*1099] special contract or agreement shall be made to the contrary, the weight per bushel shall be as follows, to-wit:

[blocks in formation]

[As amended June 3, 1887. In force July 1, 1887. L. 1887, p. 309. 8. Penalty. § 8. Whoever, in buying any of the articles of property mentioned in the preceding section, shall take any greater number of pounds thereof to the bushel, or, in selling any of said articles, shall give any less number of pounds thereof to the bushel than is allowed by said section, with intent to gain an advantage thereby, except where expressly authorized so to do by special contract or agreement to that effect. shall be liable to the party injured in double the amount of the property so wrongfully taken or not given, and $10 in addition thereto, to be ercovered in any form of action, in any court of competent jurisdiction.

9. State sealer-his duties. §9. The secretary of State shall be, ex-officio, State sealer of weights and measures, and shall have the care and custody of the authorized public standards of weights and measures. He shall try and prove, by such standards, all weights and meas ures, scales and beams which may belong to any county, and be sent or brought to him for that purpose by the county sealer, and shall seal such, when found to be accurate, by stamping on them the letter "I," with a seal which he shall have and keep for that purpose. [R. S. 1845, p. 533, $$ 9, 14.

10. County sealer-standards procured. § 10. The county clerk of each county shall be the scaler of weights and measures for the county, and shall have the care and custody of the county standards. He shall procure, at the expense of the county, when authorized by the county board, and not already provided, a full set of weights and meas ures, scales and beams, which he shall cause to be tried, proved and sealed by the State standards under the direction of the secretary of State. [R. S. 1845, p. 532, § 8; p. 533, § 14.

11. Duty of county sealer. § 11. The several county sealers shall try and prove all weights and measures, scales and beams, when requested so to do; and when the same are found or made to conform to the legal standards, they shall seal and mark such weights and measures with a seal to be kept by them for that purpose. [R. S. 1815, p. 533, § 10

12. Fees. § 12. The secretary of State and each county sealer shall be entitled to receive for his services, at and after the following rates: For sealing and marking every beam, ten cents; for sealing and marking measures of extension, at the rate of ten cents per yard, not to exceed fifty cents for any one measure for sealing and marking every weight, two cents; for sealing and marking liquid and dry measure, if the same be of the capacity of a gallon or more, ten cents, or less than a gallon, five cents. They shall also be entitled to a reasonable compensation for making such weights and measures conform to the standard established by this act. [R. S. 1845, p. 533, § 12.

13. Penalty for neglect of county sealer. 13. Every county clerk who neglects to have the standards under his charge compared and sealed as required by this act, or neglects to keep the same in good [*1100]

order and repair, or who suffers any of them, through his neglect, to be lost, damaged or destroyed, shall forfeit to the county not less than fifty nor more than two hundred dollars, to be recovered before any justice of the peace of the county. [R. S. 1845, p. 533, § 11.

14. Penalty for using weights, etc., that do not conform. 14. Whoever sells by any other weights, measures, scales, beams or balances than such as conform to such standards, shall forfeit a sum not exceeding twenty dollars for each offense, and when by the custom of trade they are provided by the buyer, if he purchases by any other weights, measures, scales, beams or balances, he shall be subject to a like penalty, to be recovered before a justice of the peace in the name and for the use of the person complaining. [See "Criminal Code," ch. 38, § 101. R. S. 1845, p. 533, § 13.

AN ACT to provide for the appointment of State weigh masters. [Approved June 23, 1883. In force July 1, 1883. L. 1883, p. 172.

*15. Weigh-master-appointment of. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That there shall be appointed by the railroad and warehouse commissioners in all cities where there is State inspection of grain, a State weigh-master and such assistants as shall be necessary.

*16. Duties of. § 2. Said State weigh-master and his assistants shall, at the places aforesaid, supervise and have exclusive control of the weighing of grain and other property which may be subject to inspection, and the inspection of scales, and the action and certificate of such weigh-master and assistants in the discharge of their aforesaid duties shall be conclusive upon all parties in interest. *17. Fix fees. 3 The board of railroad and warehouse commissioners shall fix the fees to be paid for the weighing of grain or other property, which fees shall be paid equally by all parties interested in the purchase and sale of the property weighed, or scales inspected and tested.

*18. Weigh-master-qualifications-bond - compensation. § 4. Said State weigh-master and assistants shall not be a member of any board of trade or association of like character; they shall give bonds in the sum of five thousand dollars, conditioned for the faithful discharge of their duties, and shall receive such compensation as the board of railroad and warehouse commissioners shall determine.

*19. May adopt rules. 5. The railroad and warehouse commissioners shall adopt such rules and regulations for the weighing of grain and other property as they shall deem proper.

*20. Neglect of duty-penalty. § 6. In case any person, warehouseman or railroad corporation, or any of their agents or employees, shall refuse or prevent the aforesaid State weigh-master, or either of his assistants, from having access to their scales, in the regular performance of their duties in supervising the weighing of any grain or other property, in accordance with the tenor and meaning of this act, they shall forfeit the sum of one hundred dollars for each offense, to be recovered in an action of debt before any justice of the peace in the name of the People of the State of Illinois; such penalty or forfeiture to be paid to the county in which the suit is brought, and shall also be required to pay all costs of prosecution.

« ΠροηγούμενηΣυνέχεια »