or damaged by the state for the purpose of establishing, operating or maintaining any state house or state charitable. or other state institutions or improvements, the petition shall be signed by the governor or such other person as he shall direct, or as shall be provided by law. When petition is presented in § 3. If such petition be presented to a judge in vacation, the judge shall note thereon the day of presentation, vacation. and shall also note thereon the day when he will hear the same, and shall order the issuance of summons to each resident defendant, and the publication of notice as to each. non-resident defendant, and the clerk of the court shall at once issue the summons and give the notices accordingly. § 4. Service of such summons and publication of such Service of sumnotice shall be made as in causes in chancery. mons. cation. perty included. 85 Causes may be heard by such judges in vacation as Causes may well as in term time, but no cause shall be heard earlier than be heard in vaten days after service upon defendant, or upon due publication against non-residents. Any number of separate parcels Parcels of proof property, situate in the same county, may be included in one petition, and the compensation for each shall be assessed separately, by the same or different juries, as the court or judge may direct. Amendments to the petition, or to any paper or record in the cause, may be permitted whenever necessary to a fair trial and final determination of the questions involved. Should it become necessary at any stage of the proceedings to bring a new party before the court or judge, the court or judge shall have the power to make such rule or order in relation thereto as may be deemed reasonable and proper; and shall also have power to make all necessary rules and orders for notice to parties of the pendency of the proceeding, and to issue all process necessary to the execution of orders and judgments as they may be entered. of court--jury. 86. In cases fixed for hearing of petition in vacation, it Duty of clerk shall be the duty of the clerk of the court in whose office the petition is filed, at the time of issuing summons or making publication, to write the names of each of sixtyfour disinterested freeholders of the county on sixty-four slips of paper, and, in presence of two disinterested freeholders, cause to be selected from said sixty-four names twelve of said persons to serve as jurors-such selection to be made by lot and without choice or discrimination; and the said clerk shall thereupon issue venire, directed to the sheriff of his county, commanding him to summon the twelve persons so selected as jurors to appear at the court house in said county, at a time to be named in the venire. 7. The petitioner, and every party interested in the Challenge of ascertaining of compensation, shall have the same right of jurors. challenge of jurors as in other civil cases in the circuit courts. If the pannel be not full by reason of non-attendance, or be exhausted by challenges, the judge hearing such Jury to take oath. Jury to exam ine land in per s on. Judgment of court. petition shall designate by name the necessary number of persons, of proper qualification, and the clerk or justice shall issue another venire, returnable instanter, and until the jury be full. 88. When the jury shall have been so selected, the court shall cause the following oath to be administered to said jury: You and each of you do solemnly swear that you will well and truly ascertain and report just compensation to the owner (and each owner) of the property which it is sought to take or damage in this case, and to each person therein interested, according to the facts in the case, as the same may be made to appear by the evidence, and that you will truly report such compensation so ascertained: so help you God. § 9. Said jury shall, at the request of either party, go upon the land sought to be taken or damaged, in person, and examine the same, and after hearing the proof offered make their report in writing, and the same shall be subject to amendment by the jury, under the direction of the court or the judge, as the case may be, so as to clearly set forth and show the compensation ascertained to each person thereto entitled, and the said verdict shall thereupon be recorded: Provided, that no benefits or advantages which may accrue to lands or property affected shall be set off against or deducted from such compensation, in any case. 10. The judge or court shall, upon such report, proceed to adjudge and make such order as to right and justice shall pertain, ordering that petitioner enter upon such property and the use of the same, upon payment of full compensation, as ascertained as aforesaid; and such order, with evidence of such payment, shall constitute complete justifi. cation of the taking of such property. Cross petition. § 11. Any person not made a party may become such by filing his cross petition, setting forth that he is the owner or has an interest in property, and which will be taken or damaged by the proposed work; and the rights of such last named petitioner shall thereupon be fully considered and determined. Appeal. Where appeal is taken. § 12. In all cases, in either the circuit or county court, or before a circuit or county judge, an appeal shall lie to the supreme court. § 13. In cases in which compensation shall be ascertained as aforesaid, if the party in whose favor the same is ascertained shall appeal such proceeding, the petitioner shall, notwithstanding, have the right to enter upon the use of the property upon entering into bond, with sufficient surety, payable to the party interested in such compensation, conditioned for the payment of such compensation as may be finally adjudged in the case, and in case of appeal by petitioner, petitioner shall enter into like bond with approved surety; said bonds shall be approved by the judge before whom such proceeding shall be had, and executed and filed within such time as shall be fixed by said judge compensation. § 14. Payment of compensation adjudged may, in all Payment cases, be made to the county treasurer, who shall, on demand, pay the same to the party thereto entitled, taking receipt therefor, or payment may be made to the party entitled, his, her or their conservator or guardian. § 15. The court or judge shall cause the verdict of the jury and the judgment of the court to be entered upon the records of said court. Verdict to be recorded. § 16. All laws and parts of laws in conflict with the Acts repealed. provisions of this act are hereby repealed: Provided, that this act shall not be construed to repeal any law or part of law upon the same subject passed by this general assembly; but in all such cases this act shall be construed as providing a cumulative remedy. APPROVED April 10, 1872. EVIDENCE AND DEPOSITIONS. AN ACT in regard to evidence and depositions in civil cases. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That no person shall be disqualified as a witness in any civil action, suit or proceeding, except as hereinafter stated, by reason of his or her interest in the event thereof, as a party or otherwise, or by reason of his or her conviction of any crime; but such interest or conviction may be shown for the purpose of affecting the credibility of such witnese; and the fact of such conviction may be proven like any fact not of record, either by the witness himself (who shall be compelled to testify thereto,) or by any other witness cognizant of such conviction, as impeaching testimony, or by any other competent evidence. In force July 1, 1872. Witnesses in civil suit. Suits by trustees, conserva trators. § 2. No party to any civil action, suit or proceeding, or person directly interested in the event thereof, shall be tors or adminisallowed to testify therein of his own motion, or in his own behalf, by virtue of the foregoing section, when any adverse party sues or defends as the trustee or conservator of any idiot, habitual drunkard, lunatic or distracted person, or as the executor, administrator, heir, legatee or devisee of any deceased person, or as guardian or trustee of any such heir, legatee or devisee, unless when called as a witness by such Agent of deceased person. to Testimony as tions.] conversa When witness is not a party in interest. Deposition of deceased sons. adverse party so suing or defending, and also except in the following cases, namely: First-In any such action, suit or proceeding, a party or interested person may testify to facts occurring after the death of such deceased person, or after the ward, heir, legatee or devisee shall have attained his or her majority. Second-When, in such action, suit or proceeding, any agent of any deceased person shall, in behalf of any person or persons suing or being sued, in either of the capacities above named, testify to any conversation or transaction between such agent and the opposite party or party in interest, such opposite party or party in interest may testify concerning the same conversation or transaction. Third-Where, in any such action, suit or proceeding, any such party suing or defending, as aforesaid, or any person having a direct interest in the event of such action, suit or proceeding, shall testify in behalf of such party so suing or defending, to any conversation or transaction with the opposite party or party in interest, then such opposite party or party in interest shall also be permitted to testify as to the same conversation or transaction. Fourth-Where, in any such action, suit or proceeding, any witness, not a party to the record, or not a party in interest, or not an agent of such deceased person, shall, in behalf of any party to such action, suit or proceeding, testify to any conversation or admission by any adverse party or party in interest, occurring before the death and in the absence of such deceased person, such adverse party or party in interest may also testify as to the same admission or conversation. Fifth-When, in any such action, suit or proceeding, per the deposition of such deceased person shall be read in evidence at the trial, any adverse party or party in interest may testify as to all matters and things testified to in such deposition by such deceased person, and not excluded for irrelevancy or incompetency. Book accounts. 3. Where, in any civil action, suit or proceeding, the claim or defense is founded on a book account, any party or interested person may testify to his account book, and the items therein contained; that the same is a book of original entries, and that the entries therein were made by himself, and are true and just; or that the same were made by a deceased person, or by a disinterested person, a non-resident of the state at the time of the trial, and were made by such deceased or non-resident person in the usual course of trade, and of his duty or employment to the party so testifying; and thereupon the said account book and entries shall be admitted as evidence in the cause. Suits against § 4. In any action, suit or proceeding, by or against any surviving part surviving partner or partners, joint contractor or contrac tors, no adverse party, or person adversely interested in ner. the event thereof, shall, by virtue of section one of this act, be rendered a competent witness to testify to any admission or conversation by any deceased partner or joint contractor, unless some one or more of the surviving partners or joint contractors were also present at the time of such admission or conversation. Testimony of husband § 5. No husband or wife shall, by virtue of section one of this act, be rendered competent to testify for or against wife. each other as to any transaction or conversation occurring during the marriage, whether called as a witness during the existence of the marriage, or after its dissolution, except in cases where the wife would, if unmarried, be plaintiff or defendant, or where the cause of action grows out of a personal wrong or injury done by one to the other, or grows out of the neglect of the husband to furnish the wife with a suitable support; and except also in cases where the litigation shall be concerning the separate property of the wife, and suits for divorce; in all of which cases the husband and wife may testify for or against each other, in the same manner as other parties may under the provisions of this act. testify. and to § 6. Any party to any civil action, suit or proceeding, Parties may be may compel any adverse party or person, for whose benefit compelled such action, suit or proceeding is brought, instituted, prosecuted or defended, to testify as a witness at the trial, or by deposition, taken as other depositions are by law required, in the same manner, and subject to the same rules, as other witnesses. 87. In any civil action, suit or proceeding, no person who would, if a party thereto, be incompetent to testify therein under the provisions of section two or section three, shall become competent by reason of any assignment or release of his claim, made for the purpose of allowing such person to testify. Incompetent witnesses. Estates of lu etc. $8. Nothing in this act contained shall in any manner affect the laws now existing relating to the settlement of batics, infants, the estates of deceased persons, infants, idiots, lunatics, distracted persons, or habitual drunkards having conservators, or to the acknowledgment or proof of deeds and other conveyances relating to real estate, in order to entitle the same to be recorded, or to the attestation of the execution of last wills and testaments, or of any other instrument required by law to be attested. § 9. The several courts shall have power, in any action pending before them, upon motion, and good and sufficient cause shown, and reasonable notice thereof given, to require the parties, or either of them, to produce books or writings in their possession or power which contain evidence pertinent to the issue. Books writings. and § 10. The printed statute books of the United States, Printed statutes. and of this state, and of the several states-of the territories |