AN ACT to provide for referees in common law cases. [Approved February 3, 1872. In force July 1, 1872. L. 1871-2, p. 662.] 1. Appointment-powers, etc. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That in all common law causes in courts of record, after issue joined or default entered, it shall be competent for the court, upon agreement of the parties or their counsel, to appoint one or more referees, not exceeding three, who shall have authority to take testimony in such cause, and report the same in writing, together with their conclusions of law and fact, to the court, and the court shall have power to render judgment upon the filing of such report: Provided, either party may except to such report, and have his exceptions heard and determined by the court; and the court may, if necessary to take further evidence, refer the cause back to the referees, with instructions. Notice of the time of hearing such exceptions and taking of such further evidence, shall be given, under such rules as the court may prescribe. [Gregory v. Healy. 61 Ill. 470; Hoagland v. Creed, 81 Ill. 506; Haynes y. Hayes, 68 11. 203; Morange v. Meigs. 54 N. Y. 207; Porter v. Ruckman. 38 N. Y. 210; Fellows v. Northrup, 39 N. Y. 117; Moore v. Hamilton, 44 N. Y. 666; Putnam v. Hubbell, 42 N. Y. 106; Meyer v. Amidon, 45 N. Y. 169; Van Slyke v. Hyatt, 46 N, Y. 259, 627. 2. Witnesses-oaths. § 2. Witnesses may be required to attend and testify before such referees in the same manner as is or may be provided by law in cases before masters in chancery; and such referees shall have power to administer oaths to witnesses. [Fees of witnesses; see "Fees and Salaries," ch. 53, § 50. 3. Judgment-costs. § 3. Upon final hearing of the cause the court shall render judgment, and shall tax as costs against the unsuccessful party such fees, for the services of the referees, as shall, in the judgment of the court, be reasonable and proper, not to exceed $5 per day: Provided, that whenever the parties to any such suit, or their counsel, shall in writing, to be filed in court, agree upon a larger or less sum per day, then the court shall be authorized to tax as part of the costs in such case the per diem so agreed upon. 4. Testimony-record. § 4. All testimony taken before referees shall be subscribed by the witnesses, and the same, together with all exhibits and papers introduced in evidence, and the report of the referees, shall be included in and form a part of the record of the cause. Leasing labor of inmates. 6. Duties and powers of trustees. 7. Meetings of trustees. 8. Annual report. AN ACT in regard to State Reform School for juvenile offenders. [Approved May 3, 1873. In force July 1, 1873.] 1. Recognized and continued. People of the State of Illinois, represented in the General Assembly, That SEC. 1. Be it enacted by the the reform school, now located and established at Pontiac, in the county of Livingston, and State of Illinois, be and the same is hereby recog nized and continued as a State reform school for the confinement, discipline, education, employment and reformation of juvenile offenders in the State of Illinois, as herein provided. 2. Appointment of trustees-term of office-vacancy, 2. The management of said reform school shall be vested in a board of trustees, consisting of five citizens of the State of Illinois, who shall be appointed by the governor, with the advice and consent of the senate, for the term of five years, and until their successors are appointed and qualified, unless sooner removed by the governor for good cause. If a vacancy shall occur in said board, by expiration of the term of any such trustee, or otherwise, when the senate is not in session, the governor shall fill such vacancy for the unexpired term, subject to the approval of the senate at its next regular session: Provided, that of the members of the board first appointed under this act, one shall be appointed for the term of one year, one for two years, one for three years, one for four years and one for five years, whose term of service shall be determined by lot; which board shall be appointed within ten days from the time this act shall take effect; and until they are appointed and qualified, the trustees heretofore appointed and acting at the time this act shall take effect, shall continue to act as trustees of said school. [L. 1867, p. 138, §§ 1, 2; Clement v. Board, etc., 84 Ill. 311. 3. Oath of office-quorum. § 3. The members of the board, before entering upon the duties of their office, shall take and subscribe *NOTE-Portions of this act are repealed by that of April 15, 1875, (see “Charities." ch. 23, 88 19-62), in relation to State charitable institutions and the reform school. As it is difficult to separate that which is repealed from that which is not, the act is conse quently printed here entire. to the oath of office required by the constitution, three of whom shall constitute a quorum to do business. [L. 1867, p. 39, § 6; p. 38, § 2. 4. President, vice-president, treasurer. § 4. The board shall, annually, elect of their own number, a president and vice-president, whose term of office shall be for one year, and until their successors shall be duly elected and qualified. They shall also elect a treasurer, not one of their own number, whose term of office shall be for two years, and until his successor shall be duly elected and qualified, and who shall, at all times, be subject to removal by the board for good cause. [L. 1867, p. 39, $4. 5. Appointment of superintendent, etc.-salaries. § 5. The board shall appoint a superintendent of said reform school, whose salary shall not exceed $2,000 per annum, and shall also ap [*849] point such other officers and such assistants as the wants of the institution may from time to time require, and shall prescribe their duties and fix their salaries as may be reasonable. [L. 1867, p. 39, § 6. 6. Duties and powers of trustees. § 6. The board shall make all needful rules and regulations concerning their meetings and the modes of transacting their business; they shall erect all necessary buildings, and make all necessary repairs and improvements, and shall take charge of said institution to see that its affairs are properly conducted; that strict discipline is maintained, and that employment and education are provided for its inmates. They are authorized to make contracts for the purchase of furniture, apparatus, tools, stock, provisions and everything necessary to equip the institution for the purposes herein specified, and to maintain and operate the same : Provided, said board shall incur no expense, nor contract any debt, beyond appropriations made for the said reform school. [L. 1867, p. 39, § 6. See "Criminal Code," ch. 38, § 208. 7. Meetings of trustees. § 7. There shall be quarterly meetings of the board each year, at such times as the board shall appoint; special meetings may be held when the exigencies of the institution demand the same, upon the call of the president, or otherwise, as the board may prescribe. [L. 1867, p. 40, 8. 8. Annual report. § 8. The board shall prepare an annual report of their proceedings, showing the condition and wants of the institution, with a financial statement of all moneys received and disbursed, which shall be forwarded to the governor on or before the first day of December in each year, to be by him transmitted to the general assembly. [L. 1867, p. 40, § 11. 9. Traveling expenses. § 9. Each member of the board shall be allowed his traveling expenses, while on necessary business of the institution. [L. 1867, p. 40, $7. 10. Treasurer-his bond-duties-accounts. § 10. The treasurer, before entering upon the duties of his office, shall execute a bond to the people of the State of Illinois, with sureties, to be approved by the board, in at least double the sum of money for which he may be responsible as treasurer, conditioned for the faithful performance of all his duties as such treasurer. He shall take charge of all the funds of the institution, receiving the same and disbursing them on the written order of the secretary, countersigned by the president, and shall account 11. Superintendent-his bond-duties-accounts. § II. The superintendent, before entering upon the duties of his officeshall execute a bond to the people of the State of Illinois, with sure. ties, to be approved by the board, in a sum to be fixed by the board, conditioned for the faithful performance of all his duties as such superin tendent. He shall be a resident at the institution, and shall be (ex-officio) the secretary of the board, taking charge of all its books and papers. He shall have charge of the land, buildings, furniture, apparatus, tools, stock, provisions and every other species of property belonging to the institution, and shall account to the board in such manner as they may require for all the property intrusted to him; and all moneys received by him, from whatever source, shall be deposited with the treasurer. His books shall at all times be open to the inspection of the board, who shall, at least once in every three months, carefully examine the same, and all the accounts, vouchers and documents connected therewith, and make a record of the result of such examination in a book provided for the purpose. He shall have charge of the inmates of the institution; shall discipline, govern, instruct, employ and use his best efforts to re [*850] form the children and youth under his care, and shall, at all time, be subject to removal by the board for incapacity, cruelty, negligence, immorality or other good cause. 12. Who may be sent to reform school. § 12. Whenever [L. 1867, p. 40, $ 12. any boy between the ages of ten and sixteen years is convicted, before any court of competent jurisdiction, of any crime which, if committed by an adult, would be punishable by imprisonment in the county jail or penitentiary, such juvenile offender shall be committed by the order of such court to said State reform school for a term not less than one year nor more than five years: Provided, that when the crime is punishable by imprisonment in the county jail, the court may, in the exercise of its discretion, commit such offender to the county jail for the term authorized by law for the punishment of the offense of which the offender is convicted And, provided, further, that nothing in this act shall be construed to debar any court from punishing for any capital offense in such manner as is or may be provided by law. : [L. 1867, p. 42, § 16; People v. Turner, 55 Ill. 280. 13. Trustees guardians of inmates. § 13. When any such juvenile offender is committed to the said reform school, by order of any court of competent jurisdiction, said board shall be constituted the guardian of his person, and shall detain him during the term of his sen tence, less such time as may be credited to him pursuant to the provis ions of this act. [L. 1867, p. 42, § 17. 14. Escape. 14. If any officer or other person procure the escape of any person committed to the reform school, or advise or connive at, aid, conceal or assist in such escape, or conceal any such person so committed after such escape, he shall, upon conviction thereof in any court of competent jurisdiction, be sentenced to hard labor in the penitentiary, for any term not less than one year nor more than five years, or, if under sixteen years of age, to the reform school, as in this act provided. [L. 1867, p. 43, 24. 15. Good time. 15. Every person committed to the reform school shall, by good behavior, earn to himself and be credited with time as follows, to wit: Each month in the first year, five days; each month in the second year, six days; each month in the third year, seven days; each month in the fourth year, eight days; each month in the fifth year, nine days. When such person shall be degraded for misconduct or violation of the rules of the institution, then for every time so degraded such person shall lose five days of the good time that may stand placed to his credit; and the superintendent shall release every such person from the institution as many days before the expiration of the term of his sentence as such person shall have balance of good days to his credit. 16. What furnished on discharge. § 16. Upon the discharge of any person so committed to the reform school from the same, the superintendent shall provide him with suitable clothing, and $5 in money, and procure transportation for him to his home, if resident in this State, or to the county in which he may have been convicted, at his option. [L. 1867, p. 43, §•23. § 17, repeal, omitted. See "Statutes," ch. 131, § 5. AN ACT authorizing the trustees of the State reform school to lease the labor of the inmates. [Approved March 26, 1874. In force July 1, 1874.] 17. Trustees may lease labor of inmates. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the trustees of the State reform school at Pontiac are hereby authorized and empowered to lease the labor of the inmates by contract with parties who shall carry on business and employ said boys within the inclosure of the institution, and at such employments as are suited to their age and capacity. All contracts made for leasing the labor of the inmates of the reform school, shall be approved by the governor before such contracts shall be valid and binding upon the parties. Said boys shall not be compelled to labor more than six hours each day, nor more than three hours without a recess of at least one hour. The officers of the institution shall have personal supervision of said boys while thus employed, |