Amendment and Jeofails.

wise allowed in the course of the proceedings to which such notice shall relate.

8. When any notice shall be required by law to be published by a public officer in relation to public business, in pursuance of law, the reasonable expense thereof shall be allowed and paid out of the state or county treasury, as the case may require.

AMENDMENT.

AN ACT TO REVISE THE LAW IN RELATION TO AMENDMENTS AND JEOFAILS.

Approved February 25, 1874. In force July 1, 1874.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the court in which an action is pending shall have power to permit amendments in any process, pleading or proceeding in such action, either in form or substance, for the furtherance of justice, on such terms as shall be just, at any time before judgment rendered therein.

§ 2. After judgment rendered in any cause, any defects or imperfections in matter of form, contained in the record, pleadings, process, entries, returns or other proceedings in such cause, may be rectified and amended by the court in affirmance of the judgment, so that such judgment shall not be reversed or annulled; and any variance in the record from any process, pleading or proceeding had in such cause, shall be reformed and amended according to such original process, pleading or proceeding.

§ 3. No judgment shall be reversed, in the supreme court, for mere error in form, if the judgment be for the true amount of indebtedness or damages. § 4. All returns by any sheriff or other officer, or by any court or subordinate tribunal, to any court, may be amended in matter of form, or according to the truth of the matter, by the court to which such returns shall be made, in its discretion, as well before as after judgment.

§ 5. Any imperfection or defect in the award of any venire, or any omission to award such venire on the record, may be amended or supplied by the court in which the record is.

§ 6. Judgment shall not be arrested or stayed after verdict, nor shall any judgment upon verdict or finding by the court, or upon confession nil dicit or non sum informatus, or upon any writ of inquiry of damages, be reversed, impaired or in any way affected, by reason of any of the following imperfections, omissions, defects, matters or things in the process, pleadings, proceedings or records, namely:

First For want of form in any writ, original or judicial.

Revision.

Second-For any default or lack of form in any writ, or misconceiving any process, or awarding the same to a wrong officer.

Third- Før any imperfect or insufficient return by any sheriff or other officer, or that the name of such officer is not set to any return actually made by him.

Fourth For any variance between the original writ of process and the declaration, bill, petition, plaint or demand.

Fifth-For any mispleading, insufficient pleading, lack of color, miscontinuance, discontinuance or misjoining of the issue, or want of a joinder of the issue.

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Sixth For the lack of an averment of the life of any person, if, upon examination, the person is found to be in life.

Seventh For the want of any warrant of attorney by either party, except in case of judgment by confession upon warrant of attorney. Eighth For the reason that the person in whose favor the verdict or judgment is rendered is an infant and appeared by attorney.

Ninth

For the want of any allegation or averment on account of which omission a special demurrer could have been maintained.

Tenth-For any mistake in the name of any party or person, or in any sum of money, or in the description of any property, or in reciting or stating any day, month or year, when the correct name, time, month or description. shall have been once rightly alleged in any of the pleadings or proceedings. Eleventh - For a mistake in the name of any juror or officer.

Twelfth - For the want of a right venue if the cause was tried by a jury of the proper county.

Thirteenth- For any informality in entering a judgment or making up the record thereof, or any continuance or other entry upon such record.

Fourteenth- For any other default or negligence of any officer of the court, or of the parties or their counselors or attorneys, by which neither party shall have been prejudiced.

§ 7. The omissions, imperfections, defects and variances in the preceding section enumerated, and all others of a like nature, not being against the right and justice of the matter of the suit, and not altering the issue between the parties or the trial, shall be supplied and amended by the court where the judgment shall be given, or by the court into which such judgment shall be removed by appeal or writ of error.

§ 8. No process, pleading or proceedings shall be amended or impaired by the clerk or other officer of any court, or by any other person, without the order of such court, or of some other court of competent authority.

§ 9. The provisions of this act shall extend to all actions in courts of law or chancery, and to all suits for the recovery of any debt due to the state, or for any duty or revenue thereto belonging; to all actions for penalties and forfeitures; to all writs of mandamus and prohibition; to all informations

Apprentices.

in the nature of a quo warranto; to writs of scire facias, and the proceedings thereon.

§ 10. All writs of error, wherein there shall be any variance from the original record, or any other defect, may and shall be amended, and made agreeable to such record by the respective courts where such writs of error are or shall be made returnable.

§ 11. No part of this act shall extend to any indictment or presentment for any criminal matter or process upon the same, or any information upon any popular or penal statute, or to any plea in abatement.

APPRENTICES.

AN ACT TO REVISE THE LAW IN RELATION TO APPRENTICES.

Approved February 25, 1874. In force July 1, 1874.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That children under the age of sixteen years may be bound as apprentices, clerks or servants, until they arrive at that age, with or without their consent.

§ 2. A minor may be bound as aforesaid by the father, with the consent of the mother, or in case of the death, habitual drunkenness, prostitution, imprisonment in the penitentiary or incapacity of the mother, or her wilful desertion of the family for six months, without her consent; or, in case of the death, habitual drunkenness, imprisonment in the penitentiary or incapacity of the father, or his desertion of the family for the space of six months, by the mother; or, in case neither father nor mother is living and free from said objections, by the guardian; or if the minor has no parent or guardian, by the judge of the county or circuit court of the county in which the minor resides. An illegitimate minor may be bound by his or her mother, during the lifetime of the putative father, as well as after his decease.

§ 3. The fact of such habitual drunkenness, prostitution, imprisonment, incapacity or desertion, may be tried and found by a jury to be impaneled for that purpose by the county or circuit court of the county in which the minor resides, upon such reasonable notice to the parties interested, by personal service or advertisement, as the court shall direct.

§ 4. The finding of the jury shall be indorsed upon the indenture by the judge, attested by the clerk, under the seal of the court, and shall be deemed sufficient evidence of the facts found.

§ 5. The executor or executors who are, or shall be, by the last will and testament of a father, directed to bring up his child to some trade or calling, shall have power to bind such child by indenture, in like manner as the

father, if living, might have done; or shall raise such child according to such directions: Provided, this section shall not be so construed as to deprive the mother of the custody and tuition of her child, without her consent, if she be a fit and competent person to have such custody and tuition.

§ 6. Any child under the age of sixteen, who habitually begs for alms, or who is, or either of whose parents is chargeable to the county or town as having a lawful settlement therein, whereby the child has also to be supported, or who is supported there, in whole or in part, at the charge of the county or town, may be bound as an apprentice, clerk or servant until he arrives at that age, by the county board or overseers of the poor, as the case may be, with the approval of the judge of the county or circuit court.

§ 7. The court may, on application of the county board or overseer of the poor, issue a writ requiring the sheriff, coroner, or any constable of the county, to bring such minor before it, for the purpose of being so bound.

8. No minor shall be bound, unless by an indenture of two parts, sealed and delivered by both parties, and when the consent of any person or court is required, the same shall be signified, in writing, in or upon the indenture, and signed by the person or judge whose consent is required.

§ 9. The age and time of service of every apprentice or servant shall be inserted in such indentures; but if the age is unknown, then it shall be inserted according to the best information, which age shall, in relation to the term of service, be taken as the true age of such minor.

§ 10. In all indentures it shall be provided that the master shall cause such clerk, apprentice or servant, to be taught to read and write, and the ground rules of arithmetic; and also that at the expiration of such term of service, the master shall give to such apprentice a new bible, and two complete suits of new wearing apparel suitable to his or her condition in life, and twenty dollars in money in all cases where the term of service has been one year or more.

§ 11. Every sum of money paid or agreed for, with or in relation to the binding of any clerk, apprentice or servant, as a compensation for his services, shall be inserted in the indentures, and all money or property so paid or agreed to be paid, shall be secured to, and for the sole use and benefit of, the minor.

§ 12. Whenever any minor shall be bound by other than his parent or guardian, one copy of the indentures shall be filed in the office of the clerk of the county court, for safe keeping.

§ 13. All indentures, covenants, promises and bargains, for taking, binding or keeping any apprentice, clerk or servant, not in conformity with the provisions and requirements of this act, shall be utterly void in law, as against such clerk, apprentice or servant.

§ 14. It shall be the duty of the officers or persons binding such minors

and of the judge of the county or circuit court, to see that the terms of the indentures are complied with, and that such minor is not ill used.

§ 15. The judge of the circuit or county court shall at all times receive the complaints of any person against masters, alleging undeserved or immoderate correction, unwholesome food, insufficient allowance of food, raiment or lodging, want of sufficient care or physic in sickness, want of instruction in their trade or profession, or the violation of any of the agreements or covenants in the indentures of apprenticeship contained, or that the apprentice, clerk or servant is in danger of being removed out of the jurisdiction of this state; and shall cause such masters to be summoned before them, and shall, on the return of the summons, whether such master appear or not, hear and determine such cases in a summary way, and make such order thereon as in the judgment of the said judge will relieve the party injured in future; and shall have authority, if said judge think proper, to discharge such clerk, apprentice or servant from his apprenticeship or service; and in case any money or other thing shall have been paid, given, or contracted or agreed for by either party, in relation to the said apprenticeship or service, shall make such order concerning the same as the said judge shall deem just and reasonable. And if the apprentice so discharged shall have been bound originally as provided in the sixth section of this act, it shall be the duty of the judge granting the discharge again to bind him, if said judge shall think proper.

§ 16. It shall not be lawful for any master to remove any clerk, apprentice or servant bound to him as aforesaid, out of this state without the consent of the county court; and if, at any time, it shall appear to any judge or justice of the peace, upon the oath of any competent person, that any master is about to remove or cause to be removed any such clerk, apprentice or servant out of this state, it shall be lawful for such judge or justice to issue his warrant, and to cause such master to be brought before him, and if upon examination, it appear that such apprentice, clerk or servant is in danger of being removed without the jurisdiction of this state, the judge or justice may require the master to enter into recognizance, with sufficient security, in the sum of one thousand dollars, conditioned that such apprentice, clerk, or servant shall not be removed without the jurisdiction of this state, and that the said master will appear with the apprentice, clerk or servant before the circuit court, at the next term thereof, and abide the decision of the court therein; which recognizance shall be returned to the circuit court, and the said court shall proceed therein in a summary manner, and may discharge or continue the recognizance, or may require a new recognizance, and otherwise proceed according to law and justice. But if the master, when brought before any judge or justice, according to the provisions of this section, will not enter into a recognizance as aforesaid, if required so to do, it shall be lawful for such court or justice to discharge such clerk, apprentice or servant from such apprenticeship or service, and to