CHAP. 65

HABEAS CORpus.

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; Cooley v. Scarlett, 38 Ill. 317; In re W. M. & F. Ins. Co. v. Dickenson, 38 Ill. 289; Ex parte Petrie, 38 Ill. 498; Petrie v. People, 40 Ill. 334; Wightman v. Wightman, 45 Ill. 167; Goodwillie v. Milliman, 56 Ill. 524; Walton v. Develing, 61 Ill. 201; Brinkley v. Brinkley, 47 N. Y. 41.

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

1. Eminent domain. SEC. 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.

[Central City Horse Ry. Co v. Fort Clark Horse Ry. Co., 81 Ill. 523-6; Met. City Ry. Co. v. Chi, W. D. Ry. Co., 87 Ill. 317.

2. Compensation for property taken or damaged. § 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 property, 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.

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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 incorporated 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.

[C. C. Ry. Co. v. People, 73 I 541; Met. City Ry Co. v. Chi. W. D. Ry. Co. 87 111 321; Central City Horse Ry. Co. v. Fort Clark Horse Ry. Co., 81 Ill. 523-6.

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, to 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, P. 481.]

1. Cities may establish. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, 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 or village, authorizing the confinement of convicted persons, in any such house of correction. [As amended by act approved May 31, 1879. In force July 1. 1879. L. 1879, p. 177.

2. Inspectors-appointment-term of office. $ 2. The management and direction of any house of correction already established or which may hereafter 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 compensation 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. [*573] There shall be a meeting of the entire board, at the house of

correction, once in every three months, when they shall fully examine into its management in every department, hear and determine all complaints or questions not within the province of the superintendent to determine, and make such further rules and regulations for the good government of said house of correction as to them shall seem proper and necessary. One of said appointed inspectors shall visit the said house of correction once, at least, in each month. All rules, regulations or other orders of said board shall be recorded in a book to be kept for that purpose, which shall be deemed a public record, and, with the other books and records of said house of correction, shall be at all times subject to the examination of any member or committee of the legislative authority, the comptroller, treasurer, corporation counsel or attorney of any such city.

5. Books-quarterly statement-accounts. 5. The books of said house of correction shall be so kept as to clearly exhibit the state of the prisoners, the number received and discharged, the number employed as servants or in cultivating or improving the premises, the number employed in each branch of industry carried on, and the receipts from, and expenditures for, and on account of, each department of business, or for improvement of the premises. A quarterly statement shall

be made out, which shall specify minutely, all receipts and expenditures, from whom received and to whom paid, and for what purpose; proper vouchers for each, to be audited and certified by the inspectors, and submitted to the comptroller of said city, and by him, to the legislative authority thereof, for examination and approval. The accounts of said house of correction shall be annually closed and balanced on the first day of January of each year, and a full report of the operations of the preceding year shall be made out and submitted to the legislative authority of said city, and to the governor of the State, to be by him transmitted to the general assembly. [As amended by act approved May 31, 1879. In force July 1, 1879. L. 1879, p. 177.

6. Further reports — removal of officers, etc. § 6. The legislative authority of said city may require such further reports and exhibits of the condition and management of such institution as to them shall seem necessary and proper, and may, with the approval of the mayor, remove any inspector of said institution. But any subordinate officer or employee may be removed by the superintendent at his discretion, but immediately upon the removal of such officer or employee, he shall report to said board the name of the person removed, and the cause of such removal.

7. Duties of superintendent - appointment-term of office - deputy. 7. The superintendent of the said house of correction shall have entire control and management of all its concerns, subject to the authority established by law, and the rules and regulations adopted for its government. It shall be his duty to obey and carry out all written orders and instructions of the inspectors not inconsistent with the laws, rules and regulations relating to the government of said institution. He shall be appointed by the mayor by and with the consent of said board of inspectors, and shall hold his office for four years and until his successor shall have been duly appointed and qualified, but he may be removed by the inspectors at any time, when in their judgment it shall be advisable. He shall be responsible for the manner in which said house of correction is managed and conducted. He shall reside at said house of correction, devote all his time and attention to the business thereof, and visit and examine into the condition and management of every department thereof and of each prisoner therein confined, daily. He shall exercise a general supervision and direction in regard to the discipline, police and business of said house of correction. The deputy superintendent of said house of correction shall have and exercise the powers of the superintendent in his absence, so far as relates to the discipline thereof and the safe keeping of prisoners.

[*574]

8. County may use house of correction. 8. The board of supervisors or commissioners of any county, and the board of trustees of any village or town, in any county in this State in which a house of correction is established, shall have full power and authority to enter into an agreement with the legislative authority of such city, or with any authorized agent or officer in behalf of such city, to receive and keep in said house of correction any person or persons who may be sentenced or committed thereto, by any court or magistrate, in any of said counties. Whenever such agreement shall have