Judgment on Default.

Quo Warranto.

Illegal Acts.

AN ACT TO AMEND SECTION FORTY OF AN ACT ENTITLED "AN ACT IN REGARD TO PRACTICE IN COURTS OF RECORD," APPROVED FEBRUARY 22, 1872.

Approved March 27, 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 section forty of an act entitled "An act in regard to practice in courts of record," be and the same is hereby amended so as to read as follows:

"In all suits in the courts of record in this state upon default, when the damages are to be assessed, it shall be lawful for the court to hear the evidence and assess the damages without a jury for that purpose. In all cases where interlocutory judgment shall be given in any action brought upon a penal bond, or upon any instrument of writing, for the payment of money only, and the damages rest in computation, the court may refer it to the clerk, to assess and report the damages, and may enter judgment therefor: Provided, that either party may have the damages assessed by a jury."

QUO WARRANTO.

AN ACT TO REVISE THE LAW IN RELATION TO QUO WARRANTO.

Approved March 23, 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 case any person shall usurp, intrude into or unlawfully hold or execute any office or franchise, or any office in any corporation created by the authority of this state, or any public officer shall have done or suffered any act which, by the provisions of law, works a forfeiture of his office, or any association or number of persons shall act within this state as a corporation without being legally incorporated, or any incorporation does or omits any act which amounts to a surrender or forfeiture of its rights and privileges as a corporation, or exercises powers not conferred by law, or if any railroad company doing business in this state shall charge an extortionate rate for the transportation of any freight or passenger, or shall make any unjust discrimination in the rate of freight or passenger tariff over or upon its railroad, the attorney-general or state's attorney of the proper county, either of his own accord or at the instance of any individual relator, may present a petition to any court of record of competent jurisdiction, or any judge thereof in vacation, for leave to file an information in the nature of a quo warranto, in the name of the People of the State of Illinois; and if such court or judge shall be satisfied that there is probable ground for the

proceeding, the court or judge may grant the petition, and order the information to be filed and process to issue. When it appears to the court or judge that the several rights of divers parties to the same office or franchise may properly be determined on one information, the court or judge may give leave to join all of such persons in the same information, in order to try their respective rights to such office or franchise.

§ 2. On the filing of such information, the clerk of the court shall issue a summons in like form as other summons, commanding the defendant to appear at the return term thereof, to answer the relator in an information in the nature of a quo warranto. If the information is filed in vacation, the summons shall be made returnable on the first day of the next succeeding term; if in term time, it may be made returnable on any day of the same term, not less than five days after the date of the writ, as shall be directed by the court.

§ 3. The summons may be served in the same manner as other summons in suits at law, but if any defendant resides or is out of the state, he may be served with a copy of the information in the same manner and with like effect, and the service may be proved in the same way as provided in the case of bills in chancery.

§ 4. Every defendant who shall be summoned or served with a copy of the information as required in this act, shall be held to demur or plead to the information on the return day of the summons, or when served with a copy of the information at the expiration of the time required to be given, or within such further time as may be granted by the court, or in default thereof, judgment may be taken nil dicit.

§ 5. The court in which any information, as aforesaid, is filed, may allow the relator or any defendant such convenient time to plead, reply or demur, as it shall deem just and reasonable.

§ 6. In case any person or corporation against whom any such information is filed is adjudged guilty, as charged in the information, the court may give judgment of ouster against such person or corporation from the office or franchise, and fine such person or corporation for usurping, intruding into, or unlawfully holding and executing such office or franchise, and also give judgment in favor of the relator for the costs of the prosecution: Provided, that instead of judgment of ouster from a franchise for an abuse thereof, unless the court is of the opinion that the public good demands such judgment, the court may fine the person or corporation found guilty in any sum not exceeding twenty-five thousand dollars for each offense. Whenever judgment is given for any defendant in such information, the person or corporation to whom judgment is given shall recover costs against the relator.

§ 7. Appeals and writs of error may be taken and prosecuted in the same manner and upon the same terms, and with like effect as in other civil

cases.

AN ACT TO AMEND AN ACT ENTITLED " AN ACT TO PREVENT EXTORTION AND UNJUST DISCRIMINATION IN THE RATES CHARGED FOR THE TRANSPORTATION OF PASSENGERS AND FREIGHTS ON RAILROADS IN THIS STATE, AND TO PUNISH THE SAME, AND PRESCRIBE A MODE OF PROCEDURE AND RULES OF EVIDENCE IN RELATION THERETO, AND TO REPEAL AN ACT ENTITLED AN ACT TO PREVENT UNJUST DISCRIMINATIONS AND EXTORTIONS IN THE RATES TO BE CHARGED BY THE DIFFERENT RAILROADS IN THIS STATE FOR THE TRANSPORTATION OF FREIGHTS ON SAID ROADS,' APPROVED APRIL 7, A. D. 1871."

Approved March 26, 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 section eight of said act shall be so amended as to read as follows:

"The railroad and warehouse commissioners are hereby directed to make, for each of the railroad corporations doing business in this state, as soon as practicable, a schedule of reasonable maximum rates of charges for the transportation of passengers and freight and cars on each of said railroads; and said schedule shall, in all suits brought against any such railroad corporations, wherein is in any way involved the charges of any such railroad corporation for the transportation of any passenger or freight or cars, or unjust discrimination in relation thereto, be deemed and taken in all courts of this state as prima facie evidence that the rates therein fixed are reasonable maximum rates of charges for the transportation of passengers and freights and cars upon the railroads for which said schedules may have been respectively prepared. Said commissioners shall from time to time, and as often as circumstances may require, change and revise said schedules. When any schedules shall have been made or revised, as aforesaid, it shall be the duty of said commissioners to cause publication thereof to be made for three successive weeks, in some public newspaper published in the city of Springfield, in this state. All such schedules, heretofore or hereafter made, purporting to be printed and published as aforesaid, shall be received and held in all such suits as prima facie the schedules of said commissioners, without further proof than the production of the schedule desired to be used as evidence, with a certificate of the railroad and warehouse commissioners that the same is a true copy of a schedule prepared by them for the railroad company or corporation therein named, and that the same has been published as required by law, stating the name of the paper in which the same was published, together with the date of such publication.""

Burnt Records.

Evidence.

What may be Admitted.

RECORDS.

AN ACT TO AMEND AN ACT ENTITLED "AN ACT TO REMEDY THE EVILS CONSEQUENT UPON THE DESTRUCTION OF ANY PUBLIC RECORDS BY FIRE, OR OTHERWISE," APPROVED APRIL 9, 1872.

Approved March 30, 1874. In force March 30, 1874.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That sections twenty-three (23) and twenty-four (24) of an act entitled "An act to remedy the evils consequent upon the destruction of any public records by fire, or otherwise," approved April 9, 1872, be amended, so as to read as follows:

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"§ 23. In all cases under the provisions of this act, and in all proceedings or actions now or hereafter instituted as to any estate, interest or right in, or any lien or incumbrance upon any lots, pieces or parcels of land, when any party to such action or proceeding, or his agent or attorney in his behalf, shall orally in court, or by affidavit, to be filed in such action or proceeding, testify and state under oath that the original of any deeds, conveyances, or other written or record evidence, has been lost or destroyed, or not in the power of the party wishing to use it on the trial to produce the same, and the record thereof has been destroyed by fire, or otherwise, the court shall receive all such evidence as may have a bearing on the case, to establish the execution or contents of the deeds, conveyances, records, or other written evidence, so lost or destroyed: Provided, that the testimony of the parties themselves shall be received subject to all the qualifications in respect of such testimony which are now provided by law: And, provided, further, that any writings in the hands of any person or persons which may become admissible in evidence, under the provisions of this section or of any other part of this act, shall be rejected, and not be admitted in evidence unless the same appear upon its face without erasure, blemish, alteration, interlineation or interpolation in any material part, unless the same be explained to the satisfaction of the court, and to have been fairly and honestly made in the ordinary course of business; and that any person or persons making any such erasure, alteration, interlineation or interpolation, in any such writing, with the intent to change the same in any substantial matter, after the same has been once made as aforesaid, shall be guilty of the crime of forgery, and be punished accordingly; and that any and all persons who may be engaged in the business of making writings or written entries concerning or relating to lands and real estate, in any county in this state, to which this act applies, and of furnishing to persons applying therefor abstracts and copies of such writings or written entries as aforesaid, for a fee, reward or compensation therefor, and shall not make the same truly and without alteration or inter

Abstracts of Title.

Compensation for.

Evidence.

polation, in any matter of substance, with the view and intent to alter or change the same in any material matter, or matter of substance, shall be guilty of the crime of forgery, and punished accordingly; and any and all such person or persons shall furnish said abstracts or copies as aforesaid, to the person and persons from time to time applying therefor, in the order of applications and without unnecessary delay, and for a reasonable consideration to be allowed therefor, which in no case shall exceed the sum of one dollar and fifty cents for each and every conveyance, or other like change of title, shown upon such abstract or copy; and any and all persons so engaged, and whose business is hereby declared to stand upon a like footing with that of common carriers, who shall refuse so to do, if tender or payment be made to him or them of the amount demanded for such abstract or copy, not exceeding the amount aforesaid, as soon as such amount is made known or ascertained, or of a sum adequate to cover said amount, before its ascertainment, shall be guilty of the crime of extortion, and be punished by a fine of not less than one hundred dollars, and not exceeding one thousand dollars, therefor, upon indictment in any court having jurisdiction thereof, and shall also be liable in an action on the case, or other proper form of action or suit, for any and all damages, loss or injury which any person or persons applying therefor may suffer or incur by reason of such failure to furnish such abstract or copy as aforesaid."

"§ 24. Whenever, upon the trial of any suit or proceeding which is now, or hereafter may be, pending in any court in this state, any party to such suit or proceeding, or his agent or attorney in his behalf, shall orally in court, or by affidavit to be filed in such cause, testify and state under oath that the originals of any deeds, or other instrument in writing, or records of any court relating to any lands, the title or any interest therein being in controversy in such suit or proceeding are lost or destroyed, or not within the power of the party to produce the same, and that the records thereof are destroyed by fire, or otherwise, it shall be lawful for any such party to offer, and the court shall receive as evidence, any abstract of title made in the ordinary course of business, prior to such loss or destruction, showing the title of such land, or any part of the title of such land, that may have been delivered to the owners or purchasers, or other parties interested in the land, the title, or any part of the title of which is shown by such abstract of title."

§ 2. Whereas, the records of Cook county have been destroyed by fire, and many suits are pending wherein the written evidence has been also destroyed, therefore an emergency exists requiring immediate legislation on this subject; therefore, this act shall take effect from and after its passage.