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demnation proceeding, it shall not be necessary to transmit the original papers in the case, but it shall be sufficient to transmit certified copies of so much thereof as pertains to the case so changed. Such transcript and papers or copies may be transmitted by mail, or in such other way as the court or judge may direct.

[R. S. 1845, P. 529, $$ 9, 10; P. M. L. Co. v. Chicago, 56 Ill. 304; Keller v. Brickey, 63 Ill. 496; Yates v. People, 38 Ill. 528; English v. Faulds, 58 Ill. 266; Wight v. Kirkpatrick, 4 Scam. 339; Granger v. Warrington, 3 Gilm. 299; Hitt v. Allen, 13 Ill. 592; McBain v. Enloe, 13 Ill. 79.

16. Filing transcript, etc.-docketing cause, etc. § 16. The clerk of the court to which the change of venue is granted shall file the transcript and papers transmitted to him and docket the cause, and such cause 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; Rockford Ins. Co. v. Nelson, 75 Ill. 548; Phelps v. Young, Breese, 327.

17. Irregularity waived by trial and verdict. § 17. All questions concerning the regularity of the proceedings in a change 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; Johnson v. Von Kettler, 66 Ill. 66; Flagg v. Roberts, 67 Ill. 485; Gardner v. People, 3 Scam. 87; Hitt v. Allen, 13 Ill. 592; Brennan v. People, 15 Ill. 515.

CHANGE OF VENUE IN CRIMINAL CASES..

18. Causes. § 18. When any defendant in an indictment or information in any court in this State shall fear that he will not receive a fair and impartial trial in the court in which the case is pending, because the judge of the court is, or the inhabitants of the county in which the case is pending are prejudiced against him, the court shall award a change of venue upon the application of the defendant as hereinafter provided.

[R. S. 1845, p. 528, § 5; Swanson v. People, 89 ill. 589; Weyrich v. People, 89 Ill. 90; People v. Scates, 3 Scam, 351; Gardner v. People, 3 Scam. 84; Crook v. People, 16 II. 534; Clark v. People, 1 Scam. 117; McGoon v. Little, 2 Gilm. 42; Brennan v. People, 15 Ill. 511; People v. Shaw, 13 Ill. 581; Ensminger v. People, 47 Ill. 384.

19. To what court. $ 19. When a change of venue is granted it may be to some other court of record of competent jurisdiction in the same county, or in some other convenient county to which there is no valid objection: Provided, that when the case is pending in the criminal court of Cook county, and the cause for the change applies only to a judge of said court holding the court at the time of trial, the case may be tried by any other of the judges of said court to whom the cause alleged does not apply.

[R. S. 1845, p. 528, §5; Baxter v. People, 2 Gilm. 578; Weyrich v. People, 89 Ill. 90; Swanson v. People, 89 Ill. 589.

20. Petition. § 20. Every application for a change of venue shall be by petition setting forth the cause of the application and praying a

change of venue, which petition shall be verified by the affidavit of the defendant. [R. S. 1845, p. 528, 5.

21. When cause prejudice, by judge. 21. When the cause for a change of venue is the prejudice of the judge or any two of them, the petition shall be accompanied by the affidavits of at least two reputable persons, residents of the county, and not of kin or counsel to the applicant, stating that they believe the judge, or any two of them, as the case may be, are so prejudiced against the applicant that he cannot have a fair and impartial trial, and thereupon the case may be tried by any other of the circuit judges of the circuit in which the case is pend ing, and the venue shall not be changed from the county in which the indictment is found in such case.

[As amended by act approved May 31, 1881. In force July 1, 1881. L. 1881. p. 156 McCann v. People, 88 Ill. 103: Lumbard v. Hayner, 5 Bradw. 560; Noyes v. Kern, 94 Ill. 521 Lowry v. Kaster, or lil. 182, 183; Little v. Arlington, 93 1 253, 255: Jenkins v. Pope, 93 Ill. 27; Mapes v. Scott, 94 Ill. 379; Goodhue v. The People, 94 Ill. 37.

22. When cause prejudice of inhabitants. § 22. When the cause for the change of venue is the prejudice of the inhabitants of the county against the defendant, his petition shall set forth the facts on which he founds his belief, and the attorney, on behalf of the people, may deny the facts stated in the petition and support his denial by counter affidavits; and the judge may grant or deny the petition as shall appear to be according to the right of the case. [L. 1861, p. 182, 88

1, 2, 3.

23. When application may be made.

23. The ap

plication may be made to the court in which the case is pending in term time or to the judge thereof in vacation, reasonable notice of the application having been given to the State's attorney. [R. S. 1845, p. 528, 5.

24. Not after first term, unless, etc. § 24. No application for a change of venue made after the first term, shall be allowed [*1096] unless the applicant shall have given to the State's attorney at least ten days' previous notice of his intention to make such applica tion, except where the causes have arisen or come to the knowledge of the applicant within less than ten days before the making of the application.

[R. S. 1845, P. 528, § 6; Barrows v. People, 11 Ill. 121,

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 imme. diately 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. [R. S. 1845, p. 529, $9.

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 in. formation, 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 trans. mitted by mail, or in such other way as the court or judge may direct.

[R. S. 1845, P. 529, §§ 9, 10. Granger v. Warrington, 3 Gilm. 299; Holliday v. People, 4 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 I. 158: Morton v. People, 47 Ill. 476; Nomaque v. 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 wit nesses, 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 Ill. 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. 580, § 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

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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, § 1.

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 constitute 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

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