18. Dismissal of bill-discretion of court. § 18. Upon the complainant dismissing his bill in equity, or the defendant dismissing the same for want of prosecution, the defendant shall recover against the complainant full costs; and in all other cases in chancery, not otherwise directed by law, it shall be in the discretion of the court to award costs or not; and the payment of costs, when awarded, may be compelled by execution.

[R. S. 1845, p. 128, § 15; Forbes v. Hall, 34 Ill. 159: McArtee v. Engart, 13 Ill. 243; Blue v. Blue, 38 Ill. 11; Gage v. Chapman, 56 Ill. 311; Phy v. Clark, 35 Ill. 377; Ennor v. Thompson, 46 Ill. 225; Musgrave v. Musgrave, 54 Ill. 186; Barton v. Mosher, 62 Ill. 237; Linton v. Quimby, 57 Ill. 271; R. R. Co. v. R. R. Co., 49 Ill. 356; Thorp v. McCullum, 1 Gilm. 614; Carpenter v. Davis, 72 Ill. 14; Taft v. Schwamb, 80 Ill. 289; Smith v. Cremer, 71 I 185; Tuttle v. Garrett, 74 Ill. 444; Pingree v Jones, 80 Ill. 177.

19. In suit for use of another. § 19. When judgment for costs is given against a plaintiff suing for the use of another, such judgment shall also be against the person for whose use the suit is brought, in like manner as if he had been a joint plaintiff, and the same may be enforced by execution as other judgments for costs,

[R. S. 1845, p. 128, § 16; Henderson v. Welch, 3 Gilm. 340.

[*300]

20. Appeals, etc., from justices. § 20. In all cases of appeal or certiorari upon the judgments of justices of the peace when the judgment of the justice of the peace shall be wholly affirmed or reversed, the party succeeding shall recover from the opposite party his costs, not only in the appellate court but before the justice of the peace, and shall have his execution therefor; but where the judgment of the justice of the peace shall be affirmed in part, or where the defendant shall not have appeared and defended in the case before the justice of the peace, then the court may divide the costs between the parties according to the justice of the case.

[R. S. 1845, p. 128, § 17; O'Rear v. Strong, 13 Ill. 688; McConnell v. Beathard, 16 Ill 132; Sangamon v. Brown, 13 Ill. 211; St. Charles v. O'Mailey, 18 Ill. 407; Beckman v. Kreamer, 43 Ill. 447; Lee v. Quirk, 20 Ill. 395; Wickersham v. Hurd, 72 Ill. 464.

21. In appeals from county courts. § 21. In all cases of appeal from the decision of a county court in matters of probate, and administration of estates and matters concerning guardians and wards, the costs shall be in the discretion of the appellate court; in all other cases costs shall be awarded as in appeals from justices of the peace. [R. S. 1845, p. 128, 18.

22. In appeals, etc., to supreme court. § 22. If any person shall sue out a writ of error, or take an appeal to the supreme court, to review the judgment of any other court, and the same judgment be affirmed, or the writ of error be discontinued or quashed, or the plaintiff in error or appellant be non-suited, the defendant in error or appellee shall recover his costs, and have execution therefor; and if the judgment be reversed, the appellant or plaintiff in error shall recover his costs, and shall have execution therefor, as in other cases.

(R. S. 1845, P. 128, § 19; Swartwout v. Evans, 37 Ill. 446; Wilson v. Lyon, 51 Ill. 530; Phy v. Clark, 35 Ill. 378; Ellis v. Ewbank, 3 Scam. 584; Toledo, etc. v.

Butler, 53 I 323: Murray v. McLean, 57 Ill. 378; Bostwick v. Williamns, 40
Phelps v. Funkhouser, 40 Ill. 27.

III. 114;

23. Damages when appeal for delay. § 23. In every such case, if the judgment or decree be affirmed in the whole, the party prosecuting such writ of error or appeal shall pay to the opposite party a sum not exceeding ten per centum on the amount of the judgment or decree so attempted to be reversed, at the discretion of the court, and in addition to the costs shall have judgment and execution therefor; Provided, the supreme court shall be of opinion that such appeal or writ of error was prosecuted for delay. [See "Practice," ch. 110, § 74; R. S. 1845, p. 128, § 20.

24. When costs may be apportioned. § 24. Where such judgment or decree shall be reversed in part, and affirmed in part, the costs shall be apportioned between the parties, according to the discretion of the supreme court. [R. S. 1845, p. 128, § 21.

25. Clerks to tax costs, etc. 25. The clerk of any court in this State is hereby authorized and required to tax and subscribe all bills of costs arising in any cause or proceeding instituted in which he is clerk, agreeably to the rates which shall, for the time being, be allowed or specified by law; and shall in no case allow any item or charge unless he shall be satisfied that the service for which it was made was actually performed in the cause.

[See " "Clerks of the Courts," ch. 25, § 16; R. S. 1845, p. 128. § 22; Miller v. Adams, 4 Scam. 195; Conwell v. McCowan, 53 l. 363; Adams v. Payson, 11 I 26; Nickerson v. Babcock, 29 Ill. 499; Ball v. Miller, 381. 110; Clawson v. Munson, 55 Ill. 394; Dunn v. Rodgers, 43 Ill. 263; Eimer v. Eimer, 47 I. 373; Lansing v. Bates, 11 Ill. 550; Sims v. Klein, Breese, 371; Smith v. Curry, 16 III. 147.

-

26. Re-taxing - forfeiture. 26. If any person shall feel himself aggrieved by the taxation of any bill of costs by the clerk, he may apply to the court in which the action or proceeding was had to retax the same, according to law. If the said court shall find any charge allowed for services not performed, or for which the person charged is not liable, or any item charged higher than by law is allowed, then the court shall correct such taxation and if the party aggrieved shall have paid such unlawful charge, the clerk shall forfeit all fees allowed to him for taxation, and shall pay to the party aggrieved the whole amount which he may have paid by reason of the allowing of such unlawful charge.

[See "Criminal Code," ch. 38, §§ 211, 213. 214; R. S. 1845, p. 129, 823; Miller v. Adams, 4 Scam 195: Peoria R. R. Co. v. Bryant, 15 Ill. 438; Gregg v. Crabtree, 33 Ill. 273, Herod v. Lawlor, 20 Ill. 610.

27. Replevy of fee bill. 27. When execution has been issued for any fee bill the party aggrieved may replevy the same by giving to the officer having the execution, bond, with sufficient sureties, to be approved by such officer, in double the amount of such fee bill, conditioned for the payment of such fee bill if the same shall not be quashed; and upon the receiving of such bond, such officer shall return the fee bill and bond to the next term of the court. And if it appears to the court that any item or charge contained in such fee bill is not authorized by law, or is for services not actually rendered, or any item is charged higher than

is allowed by law, the court shall proceed to quash such fee bill and bond, and to correct the taxation of the costs for which such fee bill was issued, and upon such correction being made, such costs may be collected by tee bill and execution as in other cases.

[ *301]

[R. S. 1845, P 149, 827; Whitehurst v. Coleen, 53 Ill. 147; Ballingall v. Carpenter, 4 Scam. 306; Parisher v. Waldo, 72 lil, 71.

28. When fee bills may be issued - levy. 28. In all cases where either party shall be adjudged to pay costs before final judgment, by reason of setting aside a nonsuit, default or non-pros', or the granting of a continuance or new trial or otherwise, and in all cases where there is security for costs, or attorney liable for costs, or an action brought to the use of another, and the plaintiff shall be adjudged to pay the costs, either before or upon final judgment, it shall be lawful for the clerk to make out and tax a bill of costs so adjudged to be paid, against the party adjudged to pay the same, and against his security for costs, or other person liable for the payment thereof, or either of them, and certify the same under the seal of the court, which being delivered to the sheriff of the proper county, he shall demand payment from the person therein charged; if payment shall not be made accordingly, within thirty days after such demand, the sheriff shall levy the same on the goods and chattels, lands and tenements of the person so chargeable, and proceed therein in all things as on a writ of fieri facias.

[R. S. 1845. P. 129, 24; Reddick v. Cloud, 2 Gilm, 670; Ferris v. Crow, 5 Gilm. 96; Hargrave v. Penrod, Breese, 401; Newkirk v. Chapron, 17 Ill. 344: Neal v. Blanchard, 32 II. 504; Eads v. Couse, 35 Ill. 534: Wickliff v. Robinson, 18 Ill. 146.

AN ACT in relation to costs and fees remaining in the hands of clerks of courts of record and sheriffs, at the expiration of their terms of office. [Approved May 28, 1881. In force July 1, 1881. L. 1881, p. 95.

*29. Clerks and sheriffs to pay over at end of term. SEC 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the clerk of any court of record, or sheriff of any county in this State, shall, at the expiration of his term of office, pay to the treasurer of the county in which his court is held, all costs and fees collected and remaining in his hands, together with a statement of names of persons and amount due to each: Provided, however, that nothing in this section shall apply to any costs and fees of such clerk or sheriff and belonging to him.

*30. Treasurer to keep record of costs. 2. The county treasurer shall receive said fees and costs, and shall keep in a book for that purpose, a record of the time of the receipt thereof, the amounts paid in and the names of the persons to whom the same are due, and the treasurer shall pay to the persons legally entitled thereto, all such costs and fees upon application therefor. He shall cause to be made in said books, an entry of the time and the person to whom all such costs and fees are paid, d shall take and preserve receipt therefor. *31. Clerk to give certificate.

3. It shall be the duty of all clerks of courts of record, upon application, to give to any person a certificate, show. ing the amount of costs and fees due such person, and the names of the parties to any suit or proceeding in which the same are taxed.

*32. When fees forfeited to county. § 4. In case any such costs and fees shall not be claimed by the person entitled thereto within five years from the time the same are deposited with the county treasurer, the same shall be returned to the party paying the same; and in case the party so paying shall not claim said costs and fees within ten years from the time they shall be so deposited with the county treasurer, the same shall be deemed forfeited to the county: Provided, however, that if any person so entitled shall be under legal disability, the time herein limited shall not begin until such disability ceases.

*33. Refusal to pay over penalty. § 5. Any clerk or sheriff as aforesaid, who shall refuse or neglect to pay over and make statement of the tees enumerated in section one of this act, shall be held to be guilty of a misdemeanor, and, upon conviction, shall be fined in a sum of twice the amount of the fees so retained and not reported, to be recovered in any court of competent jurisdiction: Provided, nothing contained in this section shall be construed to release such clerk or sheriff or his sureties, from any civil action on his official bond.

ALTERATION OF COUNTY LINES. 26. Duties of county board:

Petition to county boards-election. 28.
Certificate of result to secretary of
State-notice to governor-elec-
tion--commission-term of office-

OF THE POWERS AND DUTIES OF 38.

COUNTIES AND COUNTY BOARDS.

Care, etc, of property of 43.
County

Manage county funds and 45.
business.

AN ACT to revise the law in relation to counties. [Approved and in force March

31, 1874.]

1. Boundaries. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the boundaries of the seve ral counties of this State shall remain as now established until the same be changed according to law.

2. Jurisdiction over rivers. § 2. Each county bounded by either the Mississippi, Ohio, or Wabash river, shall have jurisdiction