15. Transmitting papers, etc.

place of change.

cause, etc.

16. Filing transcript, etc.-docketing 32. Recognizing witnesses for prosecu

17. Irregularities waived after verdict.

CHANGE OF VENUE IN CRIMINAL

Transcript of judgment or decree in civil cases.

Irregularities waived after verdict,

AN ACT to revise the law in relation to change of venue. [Approved March 25, 1874. In force July 1, 1874.]

CHANGE OF VENUE IN CIVIL CASES.

1. Causes. SEC. 1. Be it enacted by the People of the State of Illi nois, represented in the General Assembly, That a change of venue in any civil suit or proceeding in law or equity, including proceedings for the exercise of the right of eminent domain, may be had in any of the fol lowing cases :

First-Where the judge is a party or interested in the suit, or his tes timony is material to either of the parties to the suit, or he is related to, or shall have been counsel for either party in regard to the matter in controversy. In any such case a change may be awarded by the court in term time, with or without the application of either party.

[Hanna v. People, 86 Ill. 243.

Second-Where either party shall fear that he will not receive a fair trial in the court in which the suit or proceeding is pending, because the inhabitants of the county are or the judge is prejudiced against him, or the adverse party has an undue influence over the minds of the inhabitIn any such case the venue shall not be changed except upon application, as hereinafter provided, or by consent of the parties. [Before Justice, see "Justices and Constables." ch. 79, §§ 30, 31. R. S. 1845. P. 527. $ 1, 2; L.. 1865, p. 131, § 1; Knickerbocker Ins. Co. v. Tolman, So Ill. 106; Per

ants.

Coal Co. v. Merrick, 79 Ill. 112; U. S. Savings Inst, v. Brockschmidt, 72 Ill. 370; Weed Sewing Machine Co. v. Smith, 71 Ill. 205: Com. Ins. Co. v. Mehlman, 48 ill. 313; Gilson v. Powers, 16 Ill. 355; Schmidt v. Mitchell, 84 Ill. 195.

2. To what court. § 2. When a change of venue is granted it may be to some other court of record of competent jurisdiction in the same county, or in some other convenient county, to which there is no valid objection: Provided, that when the action is pending in either the circuit or superior court of Cook county, and the only causes for a change of venue apply to one or more, but not all of the judges of such court, the case may be tried before some one of the judges of such court to whom the causes do not apply.

[R. S. 1845, P. 528, § 3; Weyrich v. People, 89 Ill. 95.

3. Petition. 3. Every application for a change of venue shall be by petition, setting forth the cause of the application, and praying a change of venue, which petition shall be verified by the affidavit of the applicant.

[*1094]

[R. S. 1845. P. 527, § 1; P. 529, 88; Pierson v. Finney, 37 Ill. 29; Bruen v. Bruen, 43 Ill. 408; McCanu v. People, 88 Ill. 103; McCauley v. People, 88 Ill. 578.

4. Prejudice of inhabitants of county. § 4. If the cause for the change is the prejudice of the inhabitants of the county, or the undue influence of the adverse party over their minds, the petition shall set forth the facts upon which the petitioner founds his belief, and must be supported by the affidavits of at least two other reputable persons resident of the county. The adverse party may controvert the petition by counter affidavits, and the judge may grant or deny the petition as shall appear to be according to the right of the case.

[Hall v. Barnes, 82 Ill. 229.

5. When application may be made. § 5. The application may be made to the court in which the case is pending in term time, or to the judge thereof in vacation, reasonable notice thereof having been given to the adverse party or his attorney.

[R. S. 1845, P. 527, § 1; Richards v. Greene, 78 Ill. 525; Hudson v. Hanson, 75 Ill. 198; T. W. & W. Ry. Co. v. Maxfield, 72 Ill 95; Crane v. Crane, 81 Ill. 165; Berry v. Wilkinson, 1 Scam. 164; Moore v. Ellsworth, 51 11. 308; Moss v. Johnson, 22 Ill, 639 Graves v. Shoefelt, 60 III. 462; Crowell v. Maughs, 2 Gilm. 419; Myers v. Walker, 31 Ill. 361; McGoon v. Little, 2 Gilm. 42; Schlump v. Reidersdorf, 28 Ill. 68; Cromie v. Nortwick, 56 Ill. 353; Jackson Co. v. Hall, 53 Ill. 440; Harding v. Town of Hale, 83 I. 5or; Peoria & .R. I. Ry. Co. v. Mitchell, 74 Ill. 394: Peru Coal Co. v. Merrick, 79 Ill. 112; Hunt v. Tinkham, 21 Ill. 639; Marble v. Bonhotel, 35 I. 241; Kelly v. Downs, 29 Ill. 74; Barrows v. People, 11 Ill. 121; Com. Ins. Co. v Mehlman, 481. 313; Gilson v. Powers, 16 Il 355: Walsh v. Ray, 38 Ill. 30; Hartford Fire Ins. Co. v. Vanduzor, 49 Ill. 489; Reeves v. Reeves, 59 Ill. 203; McBane v. People, 50

III. 503.

6. Not made after first term, except, etc. § 6. No application for a change of venue after the first term shall be allowed, unless the party applying shall have given to the opposite party ten days' previous notice of his intention to make such application, except where the causes have arisen or come to the knowledge of the applicant within less than ten days before the making of the application.

[Bryson v. Crawford, 68 II 362; T. W. & W. Ry. Co. v. Eddy, 72 Ill. 138; P. & R. I. Ry. Co. v. Mitchell, 74 III. 394.

7. Further exception. § 7. No change of venue shall be granted after the first term of the court at which the party applying might have been heard, unless he shall show that the causes for which the change is asked has arisen or come to his knowledge since the term at which the application might have been made. [R. S. 1845, p. 528, § 6.

8. Only one change. 8. Neither party shall have more than one change of venue. [R. S. 1845, p. 527. § 1.

9. When there are several parties. $9. When there are two or more plaintiffs or defendants, a change of venue shall not be granted unless the application is made by or with the consent of all the parties, plaintiff or defendant, as the case may be: Provided, that in proceedings for the condemnation of property, when the application is by or against all the owners of any parcel of property to be condemned, a change of venue may be made of so much of the case as affects them, if it can be done without prejudice to the other defendants or plaintiffs in such proceeding.

[R. S. 1845, P. 528, §7; Hitt v. Allen, 13 Ill. 592; Wight v. Meredith, 4 Scam. 360 ; Albin v. Talbott, 46 III. 424; Schmidt v. Mitchell, 84 Ill. 196.

10. When granted in vacation. § 10. When a change of venue is granted in vacation, the judge granting it shall immediately transmit the petition and affidavits, and his.order directing the change of venue, to the clerk of the court in which the cause is pending, who shall file the same in his office, and make an entry of such order on the records of the court. [R. S. 1845, p. 529, $ 9.

11. Conditions of change. 11. The order for a change of venue may be made subject to such equitable terms and conditions as safety to the rights of the parties may seem to require, and the judge in his discretion may prescribe.

[Bellingall v. Duncan, 2 Gilm. 591.

12. Expenses of change. 12. The expenses attending a change of venue shall be taxed by the clerk of the court from which the case is certified, according to the rates established by law for like services, and shall be paid by the petitioner and not taken as part of the costs of the suit. [R. S. 1845, p. 529. 11.

13. Order void if expenses not paid. § 13. The order shall be void unless the party obtaining a change of venue shall, within fifteen days, or such shorter time as the court or judge may prescribe, pay to the clerk the expenses attending the change. [R. S. 1845, p. 529, $11.

14. When costs abide suit. § 14. Where the venue is changed without the application of either party, the costs of such change shall abide the event of the suit. [R. S. 1845, p. 529, §.11.

15. Transmitting papers, etc. § 15. In all cases of change of venue, the clerk of the court from which the change is [*1095] granted shall immediately make out a full transcript of the record and proceedings in the case, and of the petition, affidavits and order for the change of venue, and transmit the same, together with all the papers filed in the case, to the proper court: Provided, that when the venue is changed, on behalf of a part of the defendants, to a con

demnation proceeding, it shall not be necessary to transmit the original papers in the case, but it shall be sufficient to transmit certified copies of so much thereof as pertains to the case so changed. Such transcript and papers or copies may be transmitted by mail, or in such other way as the court or judge may direct.

[R. S. 1845, P. 529, 88 9, 10; P. M. L. Co. v. Chicago, 56 Ill. 304; Keller v. Brickey, 63 I. 496; Yates v. People, 38 Ill. 528; English v. Faulds, 58 I. 266; Wight v. Kirkpatrick, 4 Scam. 339; Granger v. Warrington, 3 Gilm. 299; Hitt v. Allen, 13 Ill. 592; McBain v. Enloe, 13 Ill. 79.

16. Filing transcript, etc.-docketing cause, etc. § 16. The clerk of the court to which the change of venue is granted shall file the transcript and papers transmitted to him and docket the cause, and such cause shall be proceeded in and determined in all things, as well before as after judgment, as if it had originated in such court.

[R. S. 1845, P. 529. § 9, 10; Rockford Ins. Co. v. Nelson, 75 Ill. 548; Phelps v. Young, Breese, 327.

17. Irregularity waived by trial and verdict. § 17. All questions concerning the regularity of the proceedings in a change of venue, and the right of the court to which the change is made to try the cause and execute the judgment, shall be considered as waived after trial and verdict.

[R. S. 1845, P. 530, $15; Johnson v. Von Kettler, 66 Ill. 66; Flagg v. Roberts, 67 Ill. 485; Gardner v. People, 3 Scam. 87; Hitt v. Allen, 13 Ill. 592; Brennan v. People, 15 Ill. 515.

CHANGE OF VENUE IN CRIMINAL CASES.

18. Causes. § 18. When any defendant in an indictment or information in any court in this State shall fear that he will not receive a fair and impartial trial in the court in which the case is pending, because the judge of the court is, or the inhabitants of the county in which the case is pending are prejudiced against him, the court shall award a change of venue upon the application of the defendant as hereinafter provided.

[R. S. 1845, p. 528, § 5; Swanson v. People, 89 11. 589; Weyrich v. People, 89 Ill. 90; People v. Scates, 3 Scam, 351; Gardner v. People, 3 Scam. 84; Crook v. People, 16 III. 534; Clark v. People, 1 Scam. 117; McGoon v. ittle, 2 Gilm. 42; Brennan v. People, 15 Ill. 511; People v. Shaw, 13 Ill. 581; Ensminger v. People, 47 Ill. 384.

19. To what court. 19. When a change of venue is granted it may be to some other court of record of competent jurisdiction in the same county, or in some other convenient county to which there is no valid objection: Provided, that when the case is pending in the criminal court of Cook county, and the cause for the change applies only to a judge of said court holding the court at the time of trial, the case may be tried by any other of the judges of said court to whom the cause alleged does not apply.

[R. S. 1845, p. 528, § 5; Baxter v. People, 2 Gilm. 578; Weyrich v. People, 89 111. 90; Swanson v. People, 89 111. 589.

20. Petition. 20. Every application for a change of venue shall be by petition setting forth the cause of the application and praying a

change of venue, which petition shall be verified by the affidavit of the defendant. [R. S. 1845, p. 528, $5.

21. When cause prejudice, by judge. § 21. When the cause for a change of venue is the prejudice of the judge or any two of them, the petition shall be accompanied by the affidavits of at least two reputable persons, residents of the county, and not of kin or counsel to the applicant, stating that they believe the judge, or any two of them, as the case may be, are so prejudiced against the applicant that he cannot have a fair and impartial trial, and thereupon the case may be tried by any other of the circuit judges of the circuit in which the case is pend ing, and the venue shall not be changed from the county in which the indictment is found in such case.

[As amended by act approved May 31, 1881. In force July 1, 1881. L. 1881. p. 156. McCann v. People, 88 I. 103; Lumbard v. Hayner, 5 Bradw. 560; Noyes v. Kern, 94 Ill. 521 Lowry v. Kaster, 91 lil, 182, 183; Little v. Arlington, 93 . 253. 255: Jenkins v. Pope, 93 ill. 27; Mapes v. Scott, 94 Ill. 379; Goodhue v. The People, 94 lu. 37. 22. When cause prejudice of inhabitants. 22. When the cause for the change of venue is the prejudice of the inhabitants of the county against the defendant, his petition shall set forth the facts on which he founds his belief, and the attorney, on behalf of the people, may deny the facts stated in the petition and support his denial by counter affidavits; and the judge may grant or deny the petition as shall appear to be according to the right of the case. [L. 1861, p. 182, S

I, 2, 3.

23. The appending in term

23. When application may be made. plication may be made to the court in which the case is time or to the judge thereof in vacation, reasonable notice of the application having been given to the State's attorney. [R. S. 1845, p. 528, $5. 24. Not after first term, unless, etc. § 24. No application for a change of venue made after the first term, shall be allowed [*1096] unless the applicant shall have given to the State's attorney at least ten days' previous notice of his intention to make such applica tion, except where the causes have arisen or come to the knowledge of the applicant within less than ten days before the making of the application.

[R. S. 1845, P. 528, § 6; Barrows v. People, 11 Ill. 121,