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Div. XIV. Acknowledgment of Judgment.

Powers of Sheriff.

§ 16. Acknowledgment of Judgment.- If the person convicted, together with one or more sufficient sureties, will acknowledge a judgment in favor of the People of the State of Illinois, for the amount of the fine and costs, or the costs only, when no fine is imposed, the court shall cause the same to be entered in full satisfaction of the fine and costs, or costs only, with a direction that if the judgment is not paid within five months from the time of entering the same, execution shall be issued thereon, and the defendant shall, upon the entering of such judgment, be discharged from imprisonment on account of such fine or costs, but he shall not thereby be discharged from any imprisonment which is made a part of his punishment, not dependant upon the payment of the fine or costs. Such judgment shall be a lien upon all the real estate of the persons acknowledging the same, from the date of its entry. If the judgment so entered is not paid within five months from the entry, it may be enforced by execution, in the same manner as other judgments at law. Such judgment may be acknowledged in vacation before the clerk of the court, and he may, in such case, approve the surety, and a judgment so acknowledged shall have the same force and effect from the date of the entry as if entered in term time in open court.

§ 17. Discharge of Pauper.-Whenever it shall be made satisfactorily to appear to the court, after all legal means have been exhausted, that any person who is confined in jail for any fine or costs of prosecution, for any criminal offense, hath no estate wherewith to pay such fine and costs, or costs only, it shall be the duty of the said court to discharge such person from further imprisonment for such fine and costs, which discharge shall operate as a complete release of such fine and costs: Provided, that nothing herein shall authorize any person to be discharged from imprisonment before the expiration of the time for which he may be sentenced to be imprisoned as part of his punishment.

§ 18. Convict conveyed to Penitentiary.-When a convict shall be sentenced to imprisonment in the penitentiary, the clerk of the court shall forthwith deliver a certified copy of the judgment to the sheriff or other proper officer of the county, who shall without delay convey the convict to the penitentiary of the state, and deliver him to the warden thereof.

§ 19. Powers of Sheriff while conveying Convict, etc.- The sheriff, while conveying the convict to the penitentiary, shall have the same power to require the aid of any citizen of this state in securing such convict, or retaking him if he shall escape, as he would have in his own county, and any person who shall refuse or neglect to assist such sheriff when required, shall be liable to the same penalty as in any other case of neglect or refusal to join a posse comitatus when lawfully required.

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SECTION 1. Writs of Error in Capital Cases.- In any prosecution by indictment for a capital offense, when the sentence is death, the party aggrieved by manifest and material error, appearing of record, may be relieved by writ of error, in the following manner, to-wit:

First

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He shall obtain a certified copy of the record from the clerk, and a certificate from the judge who tried the cause, or from the prosecuting officer on the trial, that he is of opinion that such record contains a full and true history of the proceedings on the trial.

Second-He shall present such transcript and certificate with an assignment of the errors relied upon to the supreme court, if in session, or to one of the judges thereof in vacation.

Third-If, after inspecting such transcript, the court or judge is of opinion that there is reasonable cause for allowing a writ of error, and shall also be of the opinion that there is a reasonable doubt as to the guilt of the defendant, it shall be granted by indorsement on the back of such transcript, with a direction that the same shall be a supersedeas.

Fourth-Upon the filing of such transcript and order, the clerk of the supreme court shall issue a supersedeas to stay the execution of the sentence of death until the further order of the court, but the prisoner shall not be discharged from jail.

§ 2. When Affirmed - Sentence. If the judgment is affirmed, the supreme court shall, by order, fix the time when the original sentence of death shall be executed, a copy of which order shall be sufficient authority to the sheriff for the execution of the prisoner at the time therein specified. § 3. Writs of Error in other Cases.-Writs of error in all criminal cases, where sentence is not death, shall be considered as writs of right, and issued of course.

§ 4. Supersedeas in other Cases.-When a supersedeas is desired, a transcript of the record, with a certificate and assignment of errors, must be presented to the supreme court, if in session, or to one of the judges thereof in vacation, in like manner as in cases where the sentence is death. 5. Issued, How.-If, after inspecting the transcript, the court or judge is of opinion that there is reasonable cause for allowing a writ of error, and shall also be of the opinion that there is a reasonable doubt as to the guilt of the defendant, it shall be granted, by indorsement on the back of the transcript, with a direction that the same be made a supersedeas, and supersedeas shall issue in like manner and with like effect as in cases where the sentence is death.

§ 6. Letting to Bail.-When the court or judge is of opinion that the party obtaining such writ of error ought to be bailed until the determination.

Div. XV. Recognizance.

Surrender of Prisoner.

Trial.

of the writ, and he is at the time in custody, the said court or judge may make an order to admit such prisoner to bail, upon his entering into a recognizance to the People of the State of Illinois, in such sum, and with such security, as said court or judge shall prescribe, conditioned that the prisoner will appear at the next term of the court in which his trial took place, and at each subsequent term of said court, on the first days thereof, until the determination of such writ of error, and will not at any of the terms of said court depart the court without leave, and that in case the judgment is affirmed he will surrender himself to the sheriff, or warden, or other officer from whose custody he is bailed.

§ 7. Recognizance taken by Sheriff or Warden-How Returnable.— If the prisoner is in the custody of the sheriff, he shall take the recognizance; if in the custody of the warden of the penitentiary, he shall take the recognizance. In either case the recognizance shall be returned to the next term of the court in which the prisoner was sentenced, and there entered of record, and such proceedings may be had thereon, in case of breach of the conditions thereof, as in other cases of recognizances.

§ 8. Judgment Affirmed-Proceedings thereon.-If the judgment is affirmed, the supreme court shall direct the court in which the original sentence was rendered to carry the same into effect, and shall give judgment against the plaintiff in error for costs, and execution may issue therefor, from the supreme court.

§ 9. Surrender of the Prisoner by Sureties on Judgment Affirmed.When judgment is affirmed, if the prisoner was bailed from the custody of the sheriff, he shall be surrendered to the sheriff, who shall proceed to execute the judgment of the court; or, if bailed from the custody of the warden, he shall be surrendered to such warden, to be dealt with according to the judgment of the court, and the warden receiving him shall immediately certify to the clerk of the court to which the recognizance is returned the fact of such surrender, which certificate shall be sufficient evidence of the compliance of the condition of the bond.

§ 10. Time of Service.-When the prisoner has been committed to the penitentiary in pursuance of a sentence of imprisonment therein, or has been committed to the county jail pursuant to a sentence of confinement therein, and the judgment is affirmed, the time of service under the sentence of such prisoner shall commence to run from the time of such commitment, notwithstanding a supersedeas may have been granted: Provided, if any such prisoner is admitted to bail after such commitment, the time during which he is out upon bail shall be excluded from the computation of his time of service.

§ 11. Returning Prisoner for Trial.- In case of the reversal of any judgment upon which any person has been committed to the penitentiary, and the granting of a new trial by the supreme court, it shall be the duty of the warden of the penitentiary, upon receiving a certified copy of such

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judgment of the supreme court, to deliver the person so committed to the custody of the sheriff of the county where such new trial is to be had, and of such sheriff to take and reconvey such person to the jail of his county, and for such services the sheriff shall be allowed and paid like fees as in the case of commitments to the penitentiary.

DIVORCE.

AN ACT TO REVISE THE LAW IN RELATION TO DIVORCE.

Approved March 10, 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 in every case in which a marriage has been, or hereafter may be contracted and solemnized between any two persons, and it shall be adjudged, in the manner hereinafter provided, that either party at the time of such marriage was, and continues to be naturally impotent; or that he or she had a wife or husband living at the time of such marriage; or that either party has committed adultery subsequently to the marriage; or has willfully deserted or absented himself or herself from the husband or wife, without any reasonable cause, for the space of two years; or has been guilty of habitual drunkenness for the space of two years; or has attempted the life of the other by poison or other means showing malice; or has been guilty of extreme and repeated cruelty; or has been convicted of felony or other infamous crime, it shall be lawful for the injured party to obtain a divorce and dissolution of such marriage contract.

§ 2. No person shall be entitled to a divorce in pursuance of the provisions of this act, who has not resided in the state one whole year next before filing his or her bill or petition, unless the offense or injury complained of was committed within this state, or whilst one or both of the parties resided in this state.

§ 3. No divorce shall, in anywise, affect the legitimacy of the children of such marriage, except in cases where the marriage shall be declared void on the grounds of a prior marriage.

4. The circuit courts of the respective counties and the superior court of Cook county shall have jurisdiction in all cases of divorce and alimony allowed by this act.

§ 5. The proceedings shall be had in the county where the complainant resides, but process may be directed to any county in the state.

§ 6. The process, practice and proceedings under this act shall be the same as in other cases in chancery, except as herein otherwise provided, and except that the answer of the defendant need not be on oath.

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When the defendant appears and denies the charges in the com

Practice.

Collusion.

Care of Children.

Alimony.

plainant's bill for a divorce, either party shall have the right to have the cause tried by a jury.

§ 8. If the bill is taken as confessed, the court shall proceed to hear the cause by examination of witnesses in open court, and in no case of default shall the court grant a divorce, unless the judge is satisfied that all proper means have been taken to notify the defendant of the pendency of the suit and that the cause of divorce has been fully proven by reliable witnesses. Whenever the judge is satisfied that the interests of the defendant require it, the court may order such additional notice as equity may seem to require. § 9. No confession of the defendant shall be taken as evidence unless the court or jury shall be satisfied that such confession was made in sincerity and without fraud or collusion to enable the complainant to obtain a divorce.

§ 10. If it shall appear, to the satisfaction of the court, that the injury complained of was occasioned by collusion of the parties, or done with the assent of the complainant for the purpose of obtaining a divorce, or that the complainant was consenting thereto, or that both parties have been guilty of adultery, when adultery is the ground of complaint, then no divorce shall be decreed.

§ 11. A marriage which may have been celebrated or had in any foreign state or country, may be proved by the acknowledgment of the parties, their cohabitation, and other circumstantial testimony.

§ 12. The court may prohibit the husband from interposing any restraint on the personal liberty of the wife during the pendency of the suit.

§ 13. The court may, on the application of either party, make such order concerning the custody and care of the minor children of the parties during the pendency of the suit, as may be deemed expedient, and for the benefit of the children.

§ 14. Any woman suing for a divorce, who shall make it appear satisfactorily to the court that she is poor, and unable to pay the expenses of such suit, shall be allowed by the court to prosecute her complaint without costs; and in such cases, no fees shall be charged by the officers of the court.

§ 15. In all cases of divorce, the court may require the husband to pay to the wife, or pay into court for her use during the pendency of the suit, such sum or sums of money as may enable her to maintain or defend the suit; and in every suit for a divorce, the wife, when it is just and equitable, shall be entitled to alimony during the pendency of the suit. And in case of appeal or writ of error by the husband, the court in which the decree or order is rendered, may grant and enforce the payment of such money for her defense, and such equitable alimony during the pendency of the appeal or writ of error, as to such court shall seem reasonable and proper.

§ 16. The court, upon granting to a woman a divorce from the bonds of matrimony may allow her to resume her maiden name or the name of any former husband.

§ 17. Whenever a divorce is granted, if it shall appear to the court that

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