like return and proceedings shall be required and had as in other writs of habeas corpus.

18. EXAMINATION.] § 18. Upon the return of a writ of habeas corpus, the court or judge shall, without delay, proceed to examine the cause of the imprisonment or restraint, but the examination may be adjourned from time to time as circumstances require. [R. S. 1845, p. 270, § 3.

19. DENIAL-SUMMARY EXAMINATION. § 19. The party imprisoned or restrained may deny any of the material facts set forth in the return, and may allege any other facts that may be material in the case, which denial or allegation shall be on oath; and the court or judge shall proceed in a summary way to examine the cause of the imprisonment or restraint, hear the evidence produced by any person interested or authorized to appear, both in support of such impris onment or restraint and against it, and thereupon shall dispose of the party as the case may require. [R. S. 1845, p. 270, § 3.

20. AMENDMENTS.] § 20. The return, as well as any denial or allegation, may be amended at any time by leave of the court or judge. [R. S. 1845, p. 270, § 3.

21. WHEN PRISONER SHALL NOT BE DISCHARGED.] § 21. No person shall be discharged under the provisions of this act, if he is in custody either

1. By virtue of process by any court or judge of the United States, in a case where such court or judge has exclusive jurisdiction; or,

2. By virtue of a final judgment or decree of any competent court of civil or criminal jurisdiction, or of any execution issued upon such judgment or decree, unless the time during which such party may be legally detained has expired; or, 3. For any treason, felony or other crime committed in any other state or territory of the United States, for which such person ought, by the constitution and laws of the United States, to be delivered up to the executive power of such state or territory. [R. S. 1845, p. 272, § 8.

22. CAUSES FOR DISCHARGE WHEN IN CUSTODY ON PROCESS OF COURT.] § 22. If it appear that the prisoner is in custody by virtue of process from any court legally constituted, he can be discharged only for some of the following

causes:

1. Where the court has exceeded the limit of its jurisdiction, either as to the matter, place, sum or person.

2. Where, though the original imprisonment was lawful, yet, by some act, omission or event which has subsequently taken place, the party has become entitled to his discharge.

3. Where the process is defective in some substantial form required by law. 4. Where the process, though in proper form, has been issued in a case or under circumstances where the law does not allow process or orders for imprisonment or arrest to issue.

5. Where, although in proper form, the process has been issued or executed by a person either unauthorized to issue or execute the same, or where the person having the custody of the prisoner under such process is not the person empow ered by law to detain him.

6. Where the process appears to have been obtained by false pretense or bribery.

7. Where there is no general law, ncr any judgment, order or decree of a court to authorize the process if in a civil suit, nor any conviction if in a criminal proceeding. No court or judge, on the return of a habeas corpus, shall, in any other matter, inquire into the legality or justice of a judgment or decree of a court legally constituted. [R. S. 1845, p. 270, § 3.

23. NEW COMMITMENT-RECOGNIZANCE-WITNESSES.] § 23. In all cases where the imprisonment is for a criminal, or supposed criminal matter, if it appears to the court or judge that there is sufficient legal cause for the commitment of the prisoner, although such commitment may have been informally made, or without due authority, or the process may have been executed by a person not duly authorized, the court or judge shall make a new commitment in proper form,

and direct it to the proper officer, or admit the party to bail if the case is bailable. The court or judge shall also, when necessary, take the recognizance of all material witnesses against the prisoner, as in other cases. The recognizances shall be in the form provided by law, and returned as other recognizances. If any judge shall neglect or refuse to bind any such prisoner or witness by recog nizance, or to return a recognizance when taken as aforesaid, he shall be deemed guilty of a misdemeanor in office, and be proceeded against accordingly. [R. S. 1845, p. 270, § 3; p. 271, §4.

24. ORDER OF REMAND.] § 24. When any prisoner brought up on a habeas corpus shall be remanded to prison, it shall be the duty of the court or judge remanding him to make out and deliver to the sheriff, or other person to whose custody he shall be remanded, an order in writing, stating the cause of remanding him. If such prisoner shall obtain a second writ of habeas corpus, it shall be the duty of such sheriff, or other person to whom the same shall be directed, to return therewith the order aforesaid; and if it shall appear that the said prisoner was remanded for an offense adjudged not bailable, it shall be taken and received as conclusive, and the prisoner shall be remanded without further proceedings. [R. S. 1845, p. 271, § 5.

25. SECOND WRIT-BAIL-REMAND. § 25. It shall not be lawful for any court or judge, on a second writ of habeas corpus obtained by such prisoner, to discharge the said prisoner, if he is clearly and specifically charged in the warrant of commitment with a criminal offense; but the said court or judge shall, on the return of such second writ, have power only to admit such prisoner to bail where the offense is bailable by law, or remand him to prison where the offense is not bailable, or being bailable, where such prisoner shall fail to give the bail required. [R. S. 1845, p. 271, § 6.

26. PERSON DISCHARGED NOT AGAIN IMPRISONED FOR SAME CAUSE.] § 20. No person who has been discharged by order of the court or judge, on a habeas corpus, shall be again imprisoned, restrained or kept in custody for the same cause, unless he be afterward indicted for the same offense, nor unless by the legal order or process of the court wherein he is bound by recognizance to appear. The following shall not be deemed to be the same cause:

1. If, after a discharge for a defect of proof, or any material defect in the commitment, in a criminal case, the prisoner should be again arrested on sufficient proof, and committed by legal process for the same offense.

2. If, in a civil suit, the party has been discharged for any illegality in the judgment or process, and is afterwards imprisoned by legal process for the same cause of action.

3. Generally, whenever the discharge has been ordered on account of the nonobservance of any of the forms required by law, the party may be a second time imprisoned if the cause be legal and the forms required by law observed. [R. S. 1845, p. 271, § 7.

27. PENALTY FOR RE-ARRESTING PERSON DISCHARGED.] § 27. Any person who, knowing that another has been discharged by order of a competent judge or tribunal on a habeas corpus, shall, contrary to the provisions of this act, arrest or detain him again for the same cause which was shown on the return of such writ, shall forfeit $500 for the first offense, and $1,000 for every subsequent offense. [R. S. 1845, p. 273, § 16.

28. WHEN NOT REMOVED FROM COUNTY.] § 28. To prevent any person from avoiding or delaying his trial, it shall be lawful to remove any prisoner on habeas corpus under this act out of the county in which he is confined, within fifteen days next preceding the term of the court at which such person ought to be tried, except it be to convey him into the county where the offense with which he stands charged is properly cognizable. [R. S. 1845, p. 272, § 10.

29. CUSTODY NOT TO BE CHANGED, ETC.] 29. Any person being committed to any prison, or in the custody of any sheriff or other officer or person for any criminal or supposed criminal matter, shall not be removed therefrom into

any other prison or custody, unless it be by habeas corpus or some other legal writ, or when it is expressly allowed by law. If any person shall remove, or cause to be removed any prisoner so committed, except as above provided, he shall forfeit to the party aggrieved a sum not exceeding $300. [R. S. 1845, p. 272, § 11.

30. AVOIDING WRIT-PENALTY FOR.] $30. Any one having a person in his custody, or under his restraint, power or control, for whose relief a writ of habeas corpus is issued, who, with intent to avoid the effect of such writ, shall transfer such person to the custody or place him under the control of another, or shall conceal him, or change the place of his confinement, with intent to avoid the operation of such writ, or with intent to remove him out of the state, shall forfeit for every such offense $1,000, and may be imprisoned not less than one year nor more than five years. In any prosecution for the penalty incurred under this section, it shall not be necessary to show that the writ of habeas corpus had issued at the time of the removal, transfer or concealment therein mentioned, if it be proven that the acts therein forbidden were done with the intent to avoid the operation of such writ. [R. S. 1845, p. 273, § 14.

31. PENALTIES HOW RECOVERED.] § 31. All the pecuniary foreitures incurred under this act shall inure to the use of the party for whose benefit the writ of habeas corpus issued, and shall be sued for and recovered with costs, by the attorney general or state's attorney, in the name of the state, by information ; and the amount, when recovered, shall, without any deduction, be paid to the party entitled thereto. [R. S. 1845, p. 274, § 17.

32. PLEADING EVIDENCE.] § 32. In any action or suit for any offense against the provisions of this act, the defendant may plead the general issue, and give the special matter in evidence. [R. S. 1845, p. 274, § 18.

33. NO BAR TO CIVIL DAMAGES.] § 33. The recovery of the said penalties shall be no bar to a civil suit for damages. [R. S. 1845, p. 274, § 19.

34. HABEAS CORPUS TO TESTIFY BE SURRENDERED OR TRIED.] § 34. The several courts having authority to issue writs of habeas corpus, may issue the same when necessary to bring before them any prisoner to testify, or to be surrendered in discharge of bail, or for trial upon any criminal charge lawfully pending in the same court; and the writ may run into any county in the state, and there be executed and returned by any officer to whom it is directed. [R. S. 1845, p. 274, § 20.

35. PRISONER REMANDED OR PUNISHED.] § 35. After any such prisoner shall have given his testimony, or been surrendered, or his bail discharged, or he has been tried for the crime with which he is charged, he shall be returned to the jail or other place of confinement whence he was taken for the purpose aforesaid: Provided, if such prisoner is convicted of a crime punishable with death or imprisonment in the penitentiary, he may be punished accordingly; but in any case where the prisoner shall have been taken from the penitentiary, and his punishment is by imprisonment, the time of such imprisonment shall not commence to run until the expiration of his time of service under any former sentence. [R. S. 1845, p. 274, § 20.

36. PRISONER FOR CONTEMPT HOW DISCHARGED.] § 36. Any person imprisoned for any contempt of court for the non-performance of any order or decree for the payment of money, shall be entitled to a writ of habeas corpus, and if it shall appear, on full examination of such person and such witnesses, and other evidence as may be adduced, that he is unable to comply with such order or decree, or to endure the confinement, and that all persons interested in the order or decree have had reasonable notice of the time and place of trial, the court or judge may discharge him from imprisonment, but no such discharge shall operate to release the lien of such order or decree, but the same may be enforced against the property of such person by execution. [L. 1852, p. 123, § 1.

AN ACT in regard to horse and dummy railroads. [Approved March 19, 1874. In force July 1, 1874.]

1. EMINENT DOMAIN.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That any company which has been, or shall be incorporated under the general laws of this state, for the purpose of constructing, maintaining or operating any horse or dummy railroad or tramway, may enter upon and appropriate any property necessary for the construction, maintenance and operation of its road, and all necessary siding, side tracks and appurtenances, and may, subject to the provisions contained in this act, locate and construct its road upon or over any street, alley, road or highway, or across or over any waters in this state, in such manner as not to unnecessarily obstruct the public use of such street, alley, road or highway, or interrupt the navigation of such waters.

2. COMPENSATION FOR PROPERTY TAKEN OR DAMAGED.] 8 2. When it is necessary for the construction, maintenance or operation of such road, or the necessary sidings, side tracks or appurtenances, to take or damage private prop erty, the same may be done, and the compensation therefor may be ascertained and made in the manner which may be then provided by law for the exercise of the right of eminent domain. [See "Eminent Domain," ch. 47.

3. LOCATION OF ROAD-CONSENT-NOTICE-DAMAGES.] §3. No such company shall have the right to locate or construct its road upon or along any street or alley, or over any public ground in any incorporated city, town or village, without the consent of the corporate authorities of such city, town or village, nor upon or along any road or highway, or upon any public ground without any in corporated city, town or village, except upon the consent of the county board. Such consent may be granted for any period, not longer than twenty years, on the petition of the company, upon such terms and conditions, not inconsistent with the provisions of this act, as such corporate authorities or county board, as the case may be, shall deem for the best interests of the public: Provided, no such consent shall be granted, unless at least ten days' public notice of the time and place of presenting such petition shall have been first given by publication in some newspaper published in the city or county where such road is to be constructed, and except upon the condition that the company will pay all damages to owners of property abutting upon the street, alley, road, highway or public ground upon or over which such road is to be constructed, which they may sustain by reason of the location or construction of the road; the same to be ascertained and paid in the manner provided by law for the exercise of the right of eminent domain.

4. CONTROL OF STREETS RESERVED-POLICE POWER.] § 4. Every grant to any such company of a right to use any street, alley, road, highway or public ground, shall be subject to the right of the proper authorities to control the use, improvement and repair of such street, alley, road, highway or public ground, tó the same extent as if no such grant had been made, and to make all necessary police regulations concerning the management and operation of such railroad, whether such right is reserved in the grant or not.

AN ACT to establish houses of correction, and authorize the confinement of convicted persons therein. (Approved April 25, 1871. In force July 1, 1871. L. 1871-2, 481.]

1. CITIES MAY ESTABLISH.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That it shall be lawful for the municipal authorities of any city within this state to establish a house of correction, which shall be used for the confinement and punishment of criminals, or persons sentenced or committed thereto under the provisions of this act, or any law of this state, or ordinance of any city authorizing the confinement of convicted persons in any such house of correction.

2. INSPECTORS—APPOINTMENT-TERM OF OFFICE.] § 2. The management and direction of any house of correction already established or which may here after be established in any such city, shall be under the control and authority of a board of inspectors, to be appointed for that purpose as in this section directed. The mayor of said city shall, by virtue of his office, be a member of said board, who, together with three persons to be appointed by the mayor, by and with the advice and consent of the legislative authority of said city, shall constitute the said board of inspectors. The term of office for the appointed members of said board shall be three years, but the members first appointed shall hold their office, respectively, as shall be determined by lot at the first meeting of said board, for one, two and three years from and after the first Monday in May, in the year of our Lord 1871, and thereafter one member shall be appointed each year for the full term of three years.

3. RULES-EMPLOYEES-APPROPRIATIONS.] §3. That whenever a board of inspectors have been organized as in section second of this act directed, they shall have power and authority to establish and adopt rules for the regulation and discipline of the said house of correction, for which they have respectively been appointed, and, upon the nomination of the superintendent thereof, to appoint the subordinate officers, guards and employees thereof; to fix their com pensation and prescribe their duties generally; to make all such by-laws and ordinances in relation to the management and government thereof as they shall deem expedient. No appropriation of money shall be made by the said board of inspectors for any purpose other than the ordinary and necessary expenses and repairs of said institution, except with the sanction of the legislative authority of said city.

4. COMPENSATION AND DUTIES OF INSPECTORS-RECORDS.] § 4. Said inspectors shall serve without fee or compensation. There shall be a meeting of