PROCEEDINGS. of the Supreme Court consolidation and have made a short report and accompanied it with a bill, which is the same as the one presented by Judge Payne. That bill, I may say, provides for five terms of the Supreme Court, one less than is now provided for; and I would like to call the attention of the members of the Association to the reason for providing for five terms rather than for a single term to continue over a long period, and I think when your attention is called. to it you will all recognize the desirability and expediency of providing for this number of terms rather than for a single term, because, if any other plan is adopted, it would become. necessary to amend so many of the statutes that now exist with regard to the time of filing records, and all that sort of thing. We looked that matter over. The committee considered the matter very carefully, and came to the conclusion that it was better to leave present legislation undisturbed and provide for the five return days, or five terms of court. If you will reflect just a moment you will see at once that if any other plan was adopted, it would necessitate not only the change of a large number of the sections of our statute, but also the rules of the Supreme Court as they now exist would all have to be revised and changed. Mr. Wheeler then submitted the following written report: To the Illinois State Bar Association: Your Committee on Judicial Administration has again had under consideration the subject of an amendment to the statute providing for the holding of the terms of the Supreme Court at one place. The committee deem it unnecessary to present any additional reasons in support of such an amendment. The committee believe, that with the terms of the Supreme Court held at one place, the labor of the court will be lightened and the profession greatly benefited We therefore earnestly recommend such action by the Association as will bring before the General Assembly at its next session this important subject, and with this is submitted a bill for an act to carry into effect the recommendation here made. A BILL FOR AN ACT IN RELATION TO THE SUPREME COURT. SECTION 1. Be it enacted by the People of the State of Illinois represented in the General Assembly, That for the purposes of holdthe terms of the Supreme Court, and the election of a Clerk of said court, the State shall constitute one grand division. SEC. 2. The terms of the Supreme Court shall be held in the place provided therefor, at the city of Springfield, as follows: On PROCEEDINGS. the second Tuesday in October, December, February, April and June of each year. SEC. 3. The clerks of said court for the northern and southern grand divisions as now constituted, shall, on or before the first day of October following the taking effect of this act, remove to the place provided for the Clerk of said court, at the city of Springfield, all the records, files, dockets and papers of their respective offices, and which, with the records, files, dockets and papers of said court in the present central grand division, shall constitute the records, files, dockets and papers of the Supreme Court. Until the terms of office of the present Clerks of said court shall terminate, said Clerks, respectively, shall continue in charge of the records, etc., of their respective grand divisions as now constituted, perform the duties of their said offices and receive the emoluments thereof, as though said grand divisions had not been consolidated; and upon the expiration of the terms for which the present Clerks of said court were elected, but one Clerk of said court shall be elected. SEC. 4. All process returnable to said court in either of the present grand divisions, shall, after the taking effect of this aet, be held returnable to said court at Springfield, to the October term next thereafter; and all appeals to and writs of error from said Supreme Court, in either of said grand divisions before the taking effect of this act, shall be considered as taken to said October term; and all notices given before the taking effect of this act, requiring appearance in said court at any time after it shall have taken effect, shall be considered as requiring such appearance at said October term. SEC. 5. The following acts and parts of acts, together with all other acts and parts of acts in conflict herewith, are hereby repealed, to-wit: Section one (1) of an act entitled "An Act to revise the law in relation to the Supreme Court," approved March 23, 1874, in force July 1, 1874, and the act amendatory thereof entitled "An act to amend Section one (1) of an act entitled 'An Act to revise the law in relation to the Supreme Court,' approved March 23, 1874, in force July 1, 1874," approved May 21, 1879, in force July 1, 1879; also Section one (1) of an act entitled "An Act to fix the time of holding the Supreme Court," approved June 4, 1879, in force July 1, 1879, and the act amendatory thereof entitled "An Act to amend Section one (1) of an act entitled 'An Act to fix the time of holding the Supreme Court,' approved June 4, 1879, in force July 1, 1879," approved June 3, 1889. INSTRUCTIONS TO JURIES. Your Committee on Judicial Administration has had under consideration the subject of amendment of certain sections of our practice act relating to instructions to juries, and beg leave to report that in the opinion of the Committee, the entire legislation on this subject ought to be amended, and with this report is presented a bill for an act amending Sections 52, 53, 54 and 55, of Chapter 110, Revised Statutes. PROCEEDINGS. A BILL FOR AN ACT TO AMEND SECTIONS 52, 53, 54 AND 55 AS REVISED, OF Be it enacted by the People of the State of Illinois, represented in the General Assembly: SECTION 1. That section 52 of said act as revised, which is as follows: "The court in charging the jury, shall only instruct as to the law of the case," be and the same is hereby amended to read as follows: The court, in charging the jury, shall clearly and distinctly state the issue or issues upon which the jury is to pass, and shall also instruct the jury as to the law applicable to the case as developed by the evidence. SEC. 2. Section 53 of said act as revised, which is as follows: "Hereafter no judge shall instruct the petit jury in any case, civil or criminal, unless such instructions are reduced to writing," be and the same is hereby amended to read as follows: Hereafter the judge, in all cases, civil and criminal, shall instruct the jury, either orally or in writing, by a methodical and connected charge, without any statement to the effect that any part is for the plaintiff or defendant; if the instructions are orally given, the same shall be stenographically taken by the official reporter of the court, immediately transcribed in full, and filed with the papers in the case; if in writing, the same shall also be immediately filed with the papers of the case. Counsel upon either side may request the court, either verbally or in writing, to instruct the jury upon any point or points, but such requests shall not be marked, given or refused, and shall not in any way become a part of the record of the court or of the case. Exceptions to the charge in whole or in part shall be considered as taken, without notice or notation. SEC. 3. Section 54 of said act as revised, which is as follows: "And when instructions are asked, which the judge cannot give, he shall, on the margin thereof, write the word 'refused;' and such as he approves, he shall write, on the margin thereof, the word 'given;' and he shall in no case, after instructions are given, qualify, modify, or in any manner explain the same to the jury otherwise than in writing. (L. 1847, page 63, p. 2.) Exceptions to the giving or refusing any instruction may be entered at any time before the entry of final judgment in the case," be and the same is hereby amended to read as follows: The judge may, in the same manner as the original charge or instructions given to the jury, qualify, modify or explain the same to the jury; such qualifying, modifying or explanatory charge shall be preserved in the same manner as the original charge or instruction, and exceptions thereto or to any part thereof shall be considered as taken without notice or notation. PROCEEDINGS. SEC. 4. Section 55 of said act as revised, which is as follows: "And such instructions, so given shall be taken by the jury in their retirement, and returned by them, with their verdict into court," be and the same is hereby amended to read as follows: And such instructions, 60 given, shall not be taken by the jury in their retirement. APPEALS FROM COUNTY AND PROBATE COURTS. Your Committee on Judicial Administration has considered the subject of amendments to our statute relating to appeals, and beg to report, that in the judgment of the committee, it is unwise at this time to seek any legislation looking to a change of the jurisdiction of the Appellate Court. That in the opinion of the Committee such changes by way of amendment to the statutes should be made, as to divest the Circuit Courts of jurisdiction to hear appeals from the County or Probate Courts, and with this report are presented bills for acts to carry this recommendation into effect. A BILL FOR AN ACT TO AMEND SECTIONS 68 AND 123 OF AN ACT ENTITLED "AN ACT IN REGARD TO THE ADMINISTRATION OF ESTATES,” IN FORCE JULY 1, 1872. SECTION 1. Be it enacted by the People of the State of Illinois represented in the General Assembly, that section 68, of an act entitled "An Act in regard to the administration of estates," which is as follows: "In all cases of the allowance or rejection of claims by the County Court, as provided in this act, either party may take an appeal from the decision rendered to the Circuit Court of the same county, in the same time and manner appeals are now taken from justices of the peace to the Circuit Courts, by appellant giving good and sufficient bond, with security, to be approved by the county judge; and such appeals shall be tried de novo in the Circuit Court," be, and the same is hereby amended to read as follows: In all cases of the allowance or rejection of claims by the County or Probate Court as provided in this act, either party may take an appeal from the judgment rendered to the Appellate Court of the proper district in the same manner appeals are now taken from the Circuit to the Appellate Court, upon the appellant giving bond as the court shall direct, and bills of exceptions shall be tendered to and signed by the judge within such time as the court may fix. In all such cases the Appellate Court shall review the judgment and proceedings in the same manner as in appeals from the Circuit Court. SEC. 2. Section 123 of said act, which is as follows: "Appeals shall be allowed from all judgments, orders or decrees of the County Court, in all matters arising under this act, to the Circuit Court, in favor of any person who may consider himself aggrieved by any judgment, order or decree of such court; and from the Circuit Court to the Supreme Court, as in other cases, and bonds PROCEEDINGS. 1 with security to be fixed by the County or Circuit Court, as the case may be," be, and the same is hereby amended to read as follows: Appeals shall be allowed from all judgments, orders and decrees of the County or Probate Court, in all matters arising under this act to the Appellate Court of the proper district on the appellant giving bond and security as the court may direct. Bills of exception may be tendered to and signed by the judge within such time as the court may fix. In all such cases the Appellate Court shall review the judgment and proceedings in the same manner as in appeals from the Circuit Court. A BILL FOR AN ACT TO AMEND SECTIONS 212 AND 213 AS REVISED OF AN SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That section 212 as revised of an act entitled "An act to extend the jurisdiction of County Courts and to provide for the practice thereof, to fix the time for holding the same and to repeal an act therein named," which is as follows: "Appeals may be taken from the final orders, judgments and decrees of the County Courts to the Circuit Courts of their respective counties in all matters except as provided in the following section, upon the appellant giving bond and security in such amount and upon such conditions as the Court shall approve, except as otherwise provided by law. Upon such appeal, the case shall be tried de novo," be and the same is hereby amended to read as follows: Appeals and writs of error may be taken and prosecuted from the final orders, judgments and decrees of the County Courts, to the Appellate Court of the proper district in all cases except as provided in the following section, upon the appellant giving bond and security as the Court may direct. Bills of exception may be tendered to and signed by the Judge within such time as the Court may fix. In all such cases the Appellate Court shall review the judgment, or decree, and the proceedings in the same manner as in appeals from the Circuit Court. SEC. 2. That section 213 of the aforesaid act, which is as follows: "Appeals and writs of error may be taken and prosecuted from the final orders, judgments and decrees of the County Court to the Supreme Court or Appellate Court, in proceedings for the confirmation of special assessments, in proceedings for the sale of lands for taxes and special assessments, and in all common law and attachment cases, and cases of forcible detainer and forcible entry and detainer. Such appeals and writs of error shall, when not otherwise provided, be taken and prosecuted in the same manner as appeals from, and writs of error to, Circuit Courts," be and the same is hereby amended to read as follows: Appeals and writs of error may be taken and prosecuted from the final orders, judgments and decrees of the County Court to the |