adjournment of the term at which they may have been rendered. [L. 1859, p. 47, I.

16. Opinions-record of. § 16. In the decision of cases submitted to the supreme court, the opinions of the justices shall be delivered in writing, and filed with the other papers. Such opinions shall also be spread at large upon the records of the court. [R. S. 1845, p. 145, $19.

*16a. Opinions - when to be filed. § 2. The judges of the supreme court are hereby required, in all cases pending in said court, to prepare and file their written opinions deciding said cases, during the respective terms at which said causes may be heard and determined. [This is 2 of an act to fix the time of holding the supreme court. Approved June 4, 1879. In force July 1, 1879. L. 1879, p. 98. See 3, supra, for § 1.

17. Librarian. 17. The judges of the supreme court shall appoint a librarian for each grand division, and prescribe his duties and fix his compensation, not exceeding $50 per quarter, to be paid as other expenses of the supreme court are paid. Such librarian, before entering upon the duties of his office, shall give bond, payable to the people of the State of Illinois, in the penal sum of $1,000, with security to be approved by two judges of said court, conditioned for the due preservation of the books belonging to the library in his charge, and for the faithful performance of his duties as such librarian.

[NOTE.- For REPORTER and REPORTS of the Supreme Court, see ch. 127, §§ 60-63; Const, 1870, art. 6, § 9.]

APPELLATE COURTS.

AN ACT to establish appellate courts. [Approved June 2, 1877. In force July 1, 1877. Laws 1877, p. 69.]

[Const. 1870, art. 6, § 11.]

*18. Style of court-seal-clerks-districts. § 1. There are hereby created four appellate courts in this State, to be called the appellate courts in and for the districts hereby created: The first district to consist of the county of Cook; the second district to include all the counties which now are, or hereafter may be, embraced within the Northern Grand Division of the supreme court, except the county of Cook ;· the third district to include all the counties which now are, or hereafter may be, embraced within the Central Grand Division of the supreme court; and the fourth district to include all the counties which now are, or here. after may be, embraced within the Southern Grand Division of the supreme court. Said appellate courts shall be courts of record, with seals and clerks for each respectively; and each shall be held by three of the judges of the circuit court, to be assigned in the manner hereinafter provided. [As amended by act approved May 18, 1881; in force July 1, 1881; L. 1881, p. 64. *19. Terms. § 2. The terms of said appellate courts shall be held in the several districts as follows: In the first district at the city of Chicago, on the first Tuesdays in March and October of each year. In the second district at Ottawa, in LaSalle county, on the third Tuesday in May, and the first Tuesday in December of each year. In the third district at Springfield, on the third Tuesdays of May and November in each year. In the fourth district at Mt. Vernon, on the fourth Tuesdays

in February and August in each year. All cases now or hereafter taken to said appellate courts, and all processes of every nature and kind that would stand for hearing, or be returnable to any of said terms as now fixed by law, shall stand for hearing and be returnable to the first term of said court in each district respectively, as fixed by this act. [As amended by act approved and in force January 28, 1881; L. 1881, p.64. *20. Clerks. 3. The clerks of the supreme court for the Southern and Central Grand Divisions of this State shall be ex officio clerks of the appellate courts held within their respective grand divisions, and the clerk of the supreme court for the Northern Grand Division of this State shall be ex officio clerk of the appellate court for the second district aforesaid; said clerks shall discharge the duties of said office until the expiration of the terms for which they have respectively been elected; and the judges of said appellate court for the said first district shall appoint a suitable person to serve as clerk of said appellate court for said first district until the expiration of the terms aforesaid of said clerks of the supreme court. At the time of the election for representatives in the next general assembly, and every six years thereafter, one clerk for each of said appellate courts shall be elected in each district. Said clerks shall be commissioned by the governor, and their term of office shall be six years. The clerks of said appellate courts shall perform the duties usually devolving upon clerks of courts of records in this State, and shall provide books, stationery and seals for said appellate courts, and shall be entitled to receive the same fees for services in the appellate court as are allowed for like services in the supreme court.

*21. Duties of clerks - bond. 4. Every such clerk shall, before entering upon the duties of his office, give bond, with one or more sureties, to be approved by one of the justices of the supreme court of this State, which bond shall be in such penalty, not less than five thousand dollars ($5,000), as may be fixed by such justice, payable to the people of the State of Illinois, and conditioned for the faithful performance of the duties of his office, and to pay over all moneys that may come to his hands by virtue of his office, to the parties entitled thereto, and to deliver up all moneys, papers, books, records, and other things appertaining to his office, whole, safe and undefaced when lawfully required to do so; which bond shall be filed in the office of the secretary of State. He shall, also, before entering upon the duties of his office, take and subscribe the following oath or affirmation :

I do solemnly swear (or affirm, as the case may be) that I will support the constitution of the United States and the constitution of the State of Illinois, and that I will faithfully discharge the duties of the office of clerk of the appellate court according to the best of my ability.

Which oath shall be filed in the office of secretary of State. *22. Judges to be assigned. 5. The supreme court of this State shall assign twelve of the judges of the circuit court of this State, to duty in said appellate courts as follows: Three of them to the first district; three of them to the second district; three of them to the third district, and three of them to the fourth district; which said assignment shall be for a term of three years, and upon the expiration of said term, the supreme court shall assign their successors for the term aforesaid Provided, the terms of the judges so assigned in the year of our Lord 1877, shall expire on the first Monday of June, A. D. 1879; And, provided,

further, the supreme court may, for good cause shown, remove any of said judges from duty in any of said appellate courts, and in all cases of vacancy in any of said appellate courts, the supreme court shall fill such vacancy by assigning another judge of the circuit court to duty therein. *23. Presiding justice. 6. At the first terms of said appellate courts the judges thereof in every one of said districts shall choose one of their number, who shall be presiding justice of the appellate court in the district to which he shall have been assigned, for such time as the judges of said court may determine among themselves, and at the expiration of such time his successor shall be chosen in like manner. *24. Quorum. § 7. Two of the judges so assigned in each district shall constitute a quorum, and the concurrence of two shall be necessary to every decision.

*25. Jurisdiction-appeals-writs of error. § 8. The said appellate courts created by this act shall exercise appellate jurisdic tion only, and have jurisdiction of all matters of appeal, or writs of error from the final judgments, orders or decrees of any of the circuit courts, or the superior court of Cook county, or from the city courts in any suit or proceeding at law, or in chancery other than criminal cases, not misdemeanors, and cases involving a franchise or freehold or the validity of a statute. Appeals and writs of error shall lie from the final orders, judgments or decrees of the circuit and city courts, and from the superior court of Cook county, directly to the supreme court, in all criminal cases and in cases involving a franchise or freehold or the validity of a statute. In all cases determined in said appellate courts, in actions ex contractu, wherein the amount involved is less than one thousand dollars ($1,000), exclusive of costs; and in all cases sounding in damages wherein the judgment of the court below is less than one thousand dollars ($1,000), exclusive of cost, and the judgment is affirmed or otherwise finally disposed of in the appellate court, the judgment, order or decree of the appellate court shall be final and no appeal shall lie or writ of error be prosecuted therefrom; Provided the term "ex contractu," as used in this section, shall not be construed to include actions involving a penalty. In all other cases, appeals shall lie and writs of error may be prosecuted, from the final judgments, orders or decrees of the appellate courts to the supreme court; Provided, also, that in any case a majority of the judges of the appellate court shall be of opinion that a case decided by them involving a less sum than one thousand dollars ($1,000), exclusive of costs, also involves questions of law of such importance, either on account of principal or collateral interests, as that it should be passed upon by the supreme court, they may in such cases grant appeals and writs of error to the supreme court on petition of parties to the cause, in which case the said appellate court shall certify to the supreme court the grounds of granting said appeal; And provided, further, that in all actions where there was no trial on an issue of fact in the lower court, appeals and writs of error shall lie from the appellate courts to the supreme court where the amount claimed in the pleadings exceed one thousand dollars ($1,000). [As amended June 6, 1657. Inforce July 1, 18 7. L. 1887, p. 156.

[People v. Edwards, €6 Ill. 59; City of Chicago v. Vulcan Iron Works, 2 Brad. 191. *26. Power of court. 9. The said appellate courts shall be vested with all power and authority necessary to carry into complete execution all their judgments, decrees and determinations in all matters within their jurisdiction, according to the rules and principles of the common law and of the law of this State.

*27. Practice and pleadings. § 10. The process, practice and pleadings in said courts shall be uniform, and shall be the same as the process, practice and pleadings now prescribed or which may hereafter be prescribed in and for the supreme court of this State so far as applicable; and the judges of said appellate court may establish such uniform rules for the keeping of dockets, records and proceedings for the regulation of said court as shall be deemed most conducive to the due administration of justice, except as otherwise provided by law.

*28. Process. 11. The said appellate courts, respectively, may issue the writ of mandamus to cause a proper record to be duly certified or made and certified, or to cause any other act to be done which may be necessary to enforce the due administration of justice in all matters, suits or proceedings which could or night by appeal or writ of error, or in any other lawful manner, be brought within their respective jurisdictions; upon petition filed, the clerk of the proper court shall issue summons, and like proceedings shall be had as in other cases of mandamus. And the said appellate courts, respectively, may also issue writs of certiorari, error, supersedeas, and all other writs not prohibited by law, which may be necessary to enforce the due administration of justice in all matters within their jurisdiction. Such writs or process shall run in the name of the people of the State of Illinois, and bear test in the name of the presiding justice of the court from which it may issue, be signed by the clerk, dated wher issued, sealed with the seal of the court, and made returnable according to law. [As amended by act approved May 31, 1881; in force July 1, 1881; L. 1881, p. 65. *29. Process-how issued and executed. 12. Any pro

cess which may be issued from an appellate court or any judge thereof or the clerk, according to the law, shall be executed by the officer to whom it is directed in any county or place in this State, in the usual manner that process is or may be required to be executed and returned.

*30. Sheriff to attend sittings. 13. The sheriff of the county in which the appellate courts may be held shall attend upon its sittings and perform such duties, under the order and direction of such courts, as are usually performed by such officer, and such as said courts shall from time to time require; and shall be entitled to the same fees as are now allowed by law for like service for attending upon the supreme court of this State.

*31. When majority of judges not present. § 14. If a majority of the judges of any such appellate court shall not be present on the first day of any term, the court shall stand adjourned from day to day until a majority shall attend; and if from any cause the said court shall not sit on any day in a term after it shall have opened, there shall be no discontinuance, but so soon as the cause is removed, the court shall proceed to business until the end of the term, or until the business before it shall have been disposed of; and if the said court shall not sit in any term, or shall not continue to sit the whole term or before the end of the term shall not have heard and determined all matters and causes depending in said court, the same shall stand continued until the next succeeding term.

*32. May enter orders in vacation. § 15. The judges of the said appellate courts respectively, or a majority of them, may enter orders and judgments in vacation in all cases which have been argued or submitted to the courts during any term thereof, and which shall have been taken under advisement.

*33. Appeals. § 16. Appeals and writs of error may be taken to the appellate court in the district in which the case is decided, or by consent of the parties, to any other district.

*34. Written opinions in all cases. § 17. All opinions, or decisions of said court upon the final hearing of any cause, shall be re

duced to writing by the court, briefly giving therein the reason for such opinion or decision, and be filed in the cause in which rendered: Provided, That such opinion shall not be of binding authority in any cause or proceeding, other than that in which they may be filed. [As amended by act approved June 27, 1885. In force July 1, 1885. L. 1885, p. *35. Rooms for courts. 18. The supreme court rooms in the several grand divisions, when not occupied by the supreme court, may be used for holding appellate courts therein, and until otherwise provided by law the judges assigned to hold court in the first district of said appellate court may rent suitable rooms in the city of Chicago for the holding of said court and for the use of the officers thereof, at a rental of not exceeding five thousand dollars ($5,000) per annum; and to provide all necessary furniture therefor, and for the safe keeping of the records of said court; the accounts therefor shall be certified by that court to the auditor of public accounts, who shall draw his warrant on the State treasury for the amount of the same, to be paid out of the appropriation that shall be made therefor.

CIRCUIT COURTS-SUPERIOR COURT OF COOK COUNTY. AN ACT to revise the law in relation to circuit courts and the superior court of Cook county. [Approved Feb. 16, 1874. In force July 1, 1874.]

36. Oath of judges. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the several judges of the circuit courts of this State, and of the superior court of Cook county, shall, before entering upon the duties of their office, take and subscribe the following oath or affirmation, which shall be filed in the office of the secretary of State: [*330]

I do solemaly swear (or affirm, as the case may be) that I will support the constitution of the United States, and the constitution of the State of Illinois, and that I will faithful y discharge the duties of the Judge of court according to the best of my ability.

[Const. 1870, art. 5, § 25; Jones v. Albee, 70 Ill. 34; Samuel v. Agnew, 80 Ill. 553. 37. Seal. 2. The said courts, respectively, shall have a seal, and may, from time to time, as may be necessary, renew or alter the same. The expense of such seal, and renewing and altering the same, shall be paid by the county. [R. S. 1845, p. 147, 40, last part.

38. Where court held. 3. The circuit courts of the several counties in this State shall be held in the court-houses of such counties, cxcept as otherwise provided by law; and the superior court of Cook county shall be held in the court-house, in the county of Cook, except as otherwise provided by law.

[R. S. 1845, p. 146, § 29; Morgan v. Corlies, 81 Ill. 72.

39. Temporary court-house. § 4. If there is no court-house in the county, or if from any cause the court-house is unfit for the holding of court therein, the proper authorities of the county may tempo