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REPORTERS-OFFICIAL.

In force March AN ACT for the appointment of official reporters, and for the preservation 6, 1867. of evidence in certain cases, in Cook county.

reporters.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the Phonographic judges of the superior court of Chicago, the circuit court of Cook county, the recorder's court of the city of Chicago, and the county court of Cook county, or a majority of them, are hereby authorized to appoint three phonographic reporters, to be styled "official reporters of the courts of Chicago," who shall be skilled in the practice of their art, and shall hold their position until removed, as hereinafter mentioned: Provided, however, that a majority of the said judges shall have power to remove any or either of said official reporters on account of misbehavior or negligence in the discharge of his or their said duties, the order for the same to be entered upon the record of either of said courts; and any vacancy caused by such removal, and by death, resignation or otherwise, to fill by appointment, as in the first instance.

Civil actions.

Criminal.

§ 2. In any civil action in the circuit court of Cook county, or the superior court of Chicago, whenever either party to said action, or their counsel or attorney, shall desire a short-hand report of the evidence or any proceedings therein, if the presiding judge shall deem the case a fit one to be reported, said judge shall direct and it shall be the duty of said official reporters to cause full phonographic notes of the same to be taken, and the same, if desired by either or both of said parties, to said cause, to be forthwith fairly transcribed. The charges for the taking of said phonographic notes and for the transcription thereof, when made, shall be estimated and certified by the said presiding judge; and, when so certified, shall be forthwith paid, under the order of the court, by the party on whose behalf the same was ordered; and the amount so paid shall be allowed and taxed as costs in said cause: Provided, however, that the said transcription, when paid for, shall be filed in said court among the papers in said cause, subject to be used by the respective parties, as the court shall direct. And provided, moreover, that upon a failure to pay said charges, under such order of court, the party or parties so failing may be proceeded against by attachment, as in other cases, for noncompliance with the orders of the court.

§ 3. Whenever, in any criminal case in either of said courts in this act mentioned, the presiding judge, on behalf of the accused, and the prosecuting attorney, on behalf of

the people, shall deem the cause a proper one to be reported in short-hand, it shall be the duty of said official reporters to cause full phonographic notes of the evidence or proceedings in such case to be taken, and the same, if desired, to be forthwith fairly transcribed; and the said transcription, when so made, to be filed in said court among the papers in said cause. The charges for the taking of said notes, and for the transcription thereof, when made, to be estimated and certified by the said presiding judge and prosecuting attorney; and, when so certified, the same shall be paid by the county treasurer of said Cook county, upon the written order of said presiding judge and prosecuting attorney, out of any contingent funds of the county on hand. in his office.

§ 4. When, in any settlement of estates, or matter of Probate. probate, or any other application in the county court of Cook county, the parties thereto, or the presiding judge, shall deem it advisable that the evidence, or any proceedings therein, shall be reported in short-hand, the said judge shall direct, and it shall be the duty of the said official reporters to cause full phonographic notes of the same to be taken, and the same, if desired by either or both of said parties, or by said judge, to be forthwith fairly transcribed, the charges for the same to be estimated by the said presiding judge, and paid, under the order of the court: Provided, however, that in all matters touching the probate of wills, in which oral proof shall be given, where the same shall be so reported, the said transcript, so made, shall be filed in said court, after being signed by the witnesses, deponent or affiant, unless said signing of such record of proof by the witnesses, deponent or affiant, shall be waived by said judge, in which case, such record, after being authenticated by the certificate of said judge, shall be deemed to be the record of any proof so taken.

§ 5. Whenever any master in chancery of the superior Chancery. court of Chicago, or circuit court of Cook county, or recorder's court of the city of Chicago, shall deem it for the interest of the parties that evidence to be taken before him in any case shall be taken in short-hand, he shall be at liberty to employ the services for that purpose of the said official reporters, whose duty it shall be to cause full phonographic notes of the said evidence to be taken, and the same forthwith to be fairly transcribed and delivered to the said master, who shall, upon such delivery, estimate and tax the actual costs of the said taking and transcription; and the same shall be allowed and taxed as master's costs in such cause in addition to the proper charges by the

master.

86. The official reporters appointed under this act, and Oath and bond. their successors, before entering upon the duties of their

office, shall severally give bond, with sufficient security, in the sum of five thousand dollars, conditioned for the due and faithful performance of said official duties, which bond shall be filed in the superior court of Chicago; and, if forfeited, suit may be instituted thereon for the use of the party injured by such forfeiture.

87. This act shall take effect and be in force from and after its passage.

APPROVED March 6, 1867.

RECORDS.

In force February 28, 1867.

named.

AN ACT to regulate the indexing of records.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the Grantors to be recorder of any deed or other instrument executed by any special commissioner appointed by any court in this state to sell real estate, or by any trustee, sheriff, master in chancery, executor, administrator, guardian, or other person standing in a fiduciary capacity established by law, shall index said record, by naming as grantor the person or persons whose lands shall have been sold and as grantee the person to whom said conveyance is made, and shall note in the index the character of the deed or instrument so recorded.

APPROVED February 28, 1867.

In force Feb. 15, 1867.

RELIEF.

AN ACT for the relief of Christopher G. Vaughn.

WHEREAS, Christopher G. Vaughn, late sheriff and, ex officio, collector of the revenue of the county of Jefferson, having on hand the sum of twenty-six hundred and two dollars and forty-five cents, the same being moneys collected and payable into the state treasury as state tax for the year A. D. 1865; and whereas, the said county of Jefferson was, at that time, destitute of a safe or other place of deposit for public moneys, and for want of such safe or place of deposit,

said collector had the said moneys on deposit in the private safe of one Harvey T. Pace, in the town of Mt. Vernon, in said county, by favor and permission of the said Pace, said safe being strong and of the kind commonly regarded burglar proof; and whereas, on the night of the fifth day April, a. D. 1866, said safe was broken open by burglars and the said moneys, together with other moneys belonging to the said county of Jefferson, and for which said Vaughn is liable to said county, was burglariously taken and abstracted from said safe-the said sum belonging to the said county being six hundred dollars; and whereas, the utmost diligence on the part of said collector to discover the person and to recover the said moneys has proved unavailing; therefore,

it amount.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the Auditor to credauditor of public accounts be and he is hereby authorized to credit the said Christopher G. Vaughn, sheriff and collector of the county of Jefferson, and state of Illinois, with the said sum of twenty-six hundred and two dollars and forty-five cents, due from him as such collector for the year of 1865-the said auditor being satisfied that the said Christopher G. Vaughn has fully and fairly accounted for all other moneys due the state that have actually come into his hands by virtue of his said office.

court

may relieve.

§ 2. That the county court of the county of Jefferson County is hereby authorized and empowered, if they think proper so to do, by any lawful means to relieve said Vaughn from the payment into the county treasury of said sum of six hundred dollars, or, in case the same is already paid over, to draw their order for the said sum on the treasurer of said county, in favor of said Christopher G. Vaughn.

83. This act to take effect and be in force from and after its passage.

APPROVED February 15, 1867.

AN ACT for the relief of Joseph Dyson.

In force Feb. 25, 1867.

Judgment re

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That Joseph leased. Dyson, of Schuyler county, Illinois, and late sheriff of said county, be and he is hereby relieved from the payment of a certain judgment for two hundred dollars, rendered in the Schuyler county circuit court, Illinois, in favor of the people of the state of Illinois, against said Dyson; which said judgment was rendered on a recognizance in favor of said people, given by said Dyson and one Edward Edwards, for the appearance of said Edwards at said circuit court, and the clerk of the circuit court of said county is hereby

authorized to cancel said judgment on the records of said

court.

2. This act to take effect and be in force from and passage.

after its

APPROVED February 25, 1867.

In force Feb. 25, 1867.

Canal bonds.

AN ACT for the relief of the widow and heirs of James H. Collins.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the auditor of public accounts be and he is hereby directed, upon the application of the administrator and administra trix of James H. Collins, late of Cook county, deceased, or their duly authorized attorney, and the filing with said auditor of a duly certified copy of the letters of administration upon the estate of said Collins, and affidavits, satisfactory to him, of the loss of the bond hereinafter named, together with a bond of indemnity, in double the amount of the warrant herein authorized to be issued, and a proper receipt for the amount hereinafter named, to issue to and draw in favor of such administrator and administratrix, or their attorney, his warrant upon the treasurer of state, for the amount of canal bond, numbered "Six hundred and fifty-seven, (657,) the same being one thousand dollars, issued to J. H. Collins, April 6, 1849, under and by virtue of the provisions of an act entitled "An act to fund state scrip," approved February 22nd, 1847, and which said bond has been lost, together with interest thereon at six per centum per annum, from July 1st, 1847, the date of said bond; which said warrant shall be paid by the state treasurer, out of any money not otherwise appropriated.

2. This act shall take effect and be in force from and after its passage.

APPROVED February 25, 1867.

In force Feb. 28, AN ACT for the relief of George L. Huntington and John S. Vredenburg.

1867.

Discharged

from judgment.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That George L. Huntington and John S. Vredenburg, who were and are bail for the appearance of Eugene P. Clover, to the Sangamon circuit court, the condition of said bond having been forfeited and judgment obtained on the same, be and

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