JUSTICES AND CONSTABLES GOING OUT OF OFFICE.

107. RESIGNATION-REMOVAL-DEATH-UNFINISHED BUSINESS.] § 107. When any justice of the peace shall resign his office, or remove from the town or precinct in which he was elected, it shall be his duty to deliver over his docket and papers relating to the business transacted before him, to the nearest justice of the peace of his county, and to return to the office of the county clerk all copies of the statutes which he may have received from that office; and in case of the death of any justice of the peace, it shall be the duty of the person having possession of said docket, papers and statutes to deliver them over as aforesaid. Upon the election and qualification of the successor of such justice of the peace, the docket, papers and statutes of such justice of the peace shall be handed over to his successor in office, and which successor in office shall proceed to the completion of unfinished business, as though the term of office of such justice of the peace who may die, resign or remove had expired. [R. S. 1845, p. 331, § 112.

108. TERM EXPIRING-UNFINISHED BUSINESS.] § 108. Whenever the term of office for which any justice of the peace may have been elected shall expire, it shall be the duty of such officer to deliver over his docket, statutes and all papers relating to the business transacted before him, to his successor in office, upon demand, after such successor shall have been qualified according to law; whose duty it shall be to proceed to the completion of all unfinished business, to issue executions upon judgments remaining unsatisfied upon such docket, and to collect the same, and have the same power in respect to such docket and papers as if the same pertained to proceedings originally instituted before him. [L. 1863, p. 72, § 1.

109. UNFINISHED BUSINESS.] § 109. When the docket and papers of any justice of the peace shall be transferred to any other justice of the peace, such justice receiving the same may proceed to the completion of all unfinished business, issue execution upon judgments remaining unsatisfied upon such docket, and collect the same, and have the same power in respect to such docket and papers as if the same pertained to proceedings originally instituted before him. [R. S. 1845, p. 331, § 110.

110. PENALTY.] § 110. Any justice of the peace failing or refusing to deliver any statute books, dockets or papers to his successor in office, or the person entitled to the same, for the space of ten days after the same are demanded by his qualified successor, or by the person entitled to the same, shall forfeit and pay a sum not less than $10 nor more than $100, to be recovered by an action of debt, in the name of the county, for the benefit thereof; and he and his securities in his official bond shall be liable to all persons interested for all damages and losses which may be sustained by reason of such failure or refusal. [See "Crim. Code," ch. 38, § 216. R. S. 1815, p. 332, § 115; L. 1863, p. 73, § 2.

111. COUNTY CLERK TO DETERMINE WHO IS SUCCESSOR-ORDER.] § 111. Upon the application of any person who shall be elected to the office of justice of the peace in any town or precinct in this state, to the county clerk, to become qualified to hold said office, by filing his bond, according to law, it shall be the duty of said clerk to determine who such justice of the peace shall succeed in of fice in the town or precinct where he was elected, and enter his name upon the list of justices of the peace that is required by law to be kept, as such successor, and shall draw an order upon the justice of the peace whose term of office shall have expired, to deliver over all books and papers, as required by this act, to such successor in office: Provided, that whenever any person shall be re-elected to said office, he shall be his own successor. [L. 1863, p. 73, § 3.

112. CONSTABLE-TO FINISH BUSINESS-DEATH.] § 112. Any constable to whom an execution shall have been delivered, and whose term of office shall expire before the expiration of the time within which the return of such execution is required by law, shall be authorized to proceed in all matters relating to said execution, and in the same manner to collect the same, that he might have done, had the term of office of such constable not have expired; and the constable and

sureties shall be liable for any neglect of duty, and for all moneys collected upon such execution in the same manner and to the same extent they would have been if the term of office of such constable had not expired; and any process in the hands of a constable, which shall not be completely executed when he may die, resign or be removed from office, may be completed by any other constable of the county. [R. S. 1845, p. 331, § 113.

REMEDIES UPON BONDS OF JUSTICES AND CONSTABLES,

113. SUIT IN NAME OF PEOPLE.] § 113. All suits upon the official bonds of justices of the peace and constables shall be brought in the name of the People of the State of Illinois for the use of the person or persons interested. This section shall apply to all bonds heretofore given to the county commissioners' court aud county court, or otherwise, as well as to all bonds hereafter to be given; and such suits may be brought before justices of the peace where the amount claimed is under $200. [See "Official Bonds," ch. 103, § 13. L. 1855, p. 159, § 1. 114. JUDGMENT-EXECUTION.] § 114. When the official bond of a justice of the peace or constable is put in suit, judgment shall be entered for the full amount of the penalty of the bond, and for such an amount, as damages, to the use of the party putting the same in suit, as he is found to be entitled to recover, and costs of suit. Execution thereon shall be satisfied by the payment of the damages and interest thereon, and costs of suit. [R. S. 1845, p. 332, § 121.

115. SCIRE FACIAS.] 115. When judgment shall have been rendered on the official bond of a justice of the peace or constable, any person having a right to recover for a breach of the conditions of such bond may, upon petition to the court in which the judgment is rendered, setting forth, substantially, his cause of action, have a scire facias in the usual form, against the defendants in such judg ment, to appear, and show cause why execution should not issue on such judg ment for the amount claimed by the petitioner, and such proceedings may be had thereon as in other like cases. [R. S. 1845, p. 333, § 122.

116. ASSESSMENT OF DAMAGES-EXECUTION.] § 116. Upon a finding in favor of the petitioner, the damages due bim shall be assessed and judgment entered therefor, with costs of suit, to his use, and an alias execution issued upon such original judgment, to be satisfied upon the payment of such damages with interest thereon and costs.

117. PROPERTY OF PRINCIPAL FIRST TAKEN-LIEN.] § 117. When judgment shall have been rendered against any justice of the peace or constable and his securities on his official bond, execution may issue against all of them, but the officer executing the same shall not levy upon the property of the securities until he shall fail to find sufficient property of the justice of the peace or consta ble to satisfy such execution: Provided, however, the execution shall be a lien upon the property of the securities as in other cases. [R. S. 1845, p. 332, § 120. 118. LIABILITY OF SURETY AND PRINCIPAL.] § 118. Securities shall not be liable in execution beyond the amount of the penalty of their bond, but the liability of the principal shall continue after the penalty of the bond is exhausted, and the court may continue to award execution, as occasion shall require, against him alone, for such excess without a new suit. [R. S. 1845, p. 333, § 123.

119. COPY OF BOND EVIDENCE.] § 119. In suits on the official bonds of justices of the peace and constables, a copy of such bond, authenticated under the official signature and seal of the county clerk, with whom it is filed, may be read in evidence. [R. S. 1845, p. 332, § 119.

120. APPEAL, ETC.] § 120. Justices and constables, and their securities, may have the benefit of appeal, certiorari, and writ of error, from all decisions and judgments rendered in suits against them, as is provided in other cases. [R. S. 1845, p. 334, § 124.

121. MISCONDUCT OF CONSTABLE.] § 121. If any constable shall fail or neglect to return an execution within ten days after its proper return day, or if the demand, debt or claim be wholly or in part lost, or if any special damage

shall arise to any party by reason of the neglect or refusal to act, or the misfeasance or nonfeasance of any constable in the discharge of any official duly, the party aggrieved may have his action in any court of competent jurisdiction, against such constable and his sureties, on the official bond of such constable, and shall recover thereon the amount of said execution and costs, with interest from the date of the judgment upon which the original execution issued. [See "Crim. Code," ch. 38, § 208. R. S. 1845, p. 332, § 118.

GENERAL PROVISIONS.

122. TO KEEP RECORD-ATTACHMENTS FOR CONTEMPT.] § 122. It shall be the duty of every justice, whenever a suit shall be commenced before him, to record, in a well bound book kept for that purpose, the names of the parties, the amount and nature of the debt sued for, the date and description of the process issued, and the name of the officer to whom such process shall be delivered, and throughout the whole of the proceedings in any suit it shall be his duty, whenever any process shall be issued or returned, or any order made, or judgment rendered, to make a written memorandum of the same, in the same book, and to tile and safely keep all papers given him in charge. In all cases where a witness shall be duly served with a subpena, and shall fail to attend at the trial, conformably thereto, and in all cases where a person shall be summoned as a juror, to try any canse before a justice of the peace, and shall fail to attend at the time and place appointed in such summons, the justice shall have power to issue an attachment, directed to any constable of the county, commanding him forthwith to bring before such justice the body of such juror or witness so failing to attend, as aforesaid, to show cause why he should not be fined for such contempt; and on the appearance of such juror or witness on such attachment, it shall be lawful for the justice of the peace to fine him, in any sum not less then $1 nor more than $10, or wholly discharge him, if satisfactory excuse be made. [R. S. 1845, p. 316, 20; p. 322, § 48.

123. ORDER-FINE FOR CONTEMPT.] § 123. Every person who shall ap pear before a justice of the peace, when acting as such, or who shall be present at any legal proceeding before a justice, shall demean himself in a decent, orderly and respectful manner; and for failure to do so. such person shall be fined by the said justice for contempt, in any sum not more than $5. [R. S. 1845, p. 322, § 50.

124. LIST OF WITNESS FEES.] § 124. It shall be the duty of the justice of the peace to post up in his office, at least once in three months, a list of all witness fees in his hands, and the names of the persons to whom the [y] belong ; and for a failure to comply with this provision, a justice of the peace shall be liable to a fine of $50, to be recovered by action of debt in the name of the People of the State of Illinois. [R. S. 1845, p. 327, § 82.

[§ 125, repeal, omitted; see "Statutes," ch. 131, § 5.]

JUSTICES OF CHICAGO.

[See Const., art. 6, § 28.]

AN ACT relating to justices of the peace in the city of Chicago. [Approved and in force March 30 1871. L. 1871-2, p. 548.]

WHEREAS the constitution provides that all justices of the peace in the city of Chicago shall be appointed, and the term of office of all justices of the peace in said city has expired and their successors have not been appointed, thereby an emergency exists: therefore,

125. RECOMMENDATION-APPOINTMENT.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That it shall be the duty of the judges of the circuit, superior and county courts of Cook county, a majority of the judges concurring therein, on or before the first day of April, in the year of our Lord 1871, and every four years thereafter, to recommend to the gov. ernor fit and competent persons to fill the several offices of justice of the peace in

each of the towns of North Chicago, South Chicago and West Chicago, in the city of Chicago; and the persons thus recommended, the governor shall nominate, and by and with the advice and consent of the senate (a majority of the senators elected concurring by yeas and nays) appoint, justices of the peace in and for each of said towns, respectively. And in case the governor rejects any person recommended, or the senate refuse to confirm any person nominated, the governor shall give notice of such rejection or refusal to the said judges, who shall, within ten days after receiving such notice, recommend some other fit and competent person for such appointment: Provided, said persons so recommended shall be electors in the towns in and for which they are to be appointed such justices of the peace.

126. COMMISSION-TERM OF OFFICE JURISDICTION, ETC.] § 2. Justices of the peace appointed under this act shall be commissioned by the governor, and hold their office for four years and until their successors have been commissioned and qualified, and shall have the same qualifications for holding office, the same jurisdiction, power and authority, and be subject to the same liabilities, and shall execute bonds, and be sworn and be governed by the same rules and regulations as justices of the peace elected.

127. VACANCY.] § 3. In case of a vacancy during a recess of the senate in the office of any justice of the peace in the city of Chicago, the governor, upon the recommendation of said judges, shall make a temporary appointment until the next meeting of the senate, when he shall nominate some person recommended by said judges to fill such vacancy; and any person so nominated and confirmed by the senate shall hold his office during the remainder of the term, and until his successor shall be appointed and qualified. If the senate are not in session when the first appointments are made under this act, the persons so appointed shall hold their offices as herein provided in case of vacancy.

128. REMOVAL FROM OFFICE.] § 4. Upon complaint made by any person, under oath, against any justice of the peace appointed as aforesaid, for extortion or other malfeasance in office, such complaint setting forth particularly the facts in the case, and filed in the office of the clerk of the circuit or superior court of Cook county, the clerk of said court shall issue a summons, in the name of the People of the State of Illinois, against such justice of the peace, returnable according to law; and such justice of the peace may appear and answer such com- · plaint under oath, and if found guilty of extortion or other malfeasance in office, upon trial of the issue by the court or a jury, such justice of the peace shall be removed from his office, and the office be declared vacant by said court. Such complaint shall be signed by the state's attorney of Cook county, and it is hereby made the duty of said state's attorney to prosecute all actions commenced under this act.

129. EMERGENCY.] § 5. This act shall take effect from and after its passage.

AN ACT to revise the law in relation to landlord and tenant. [Approved May 1, 1873. In force July 1, 1873.] 1. WHEN RENT MAY BE RECOVERED.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the owner of lands, his executors or administrators, may sue for and recover rent therefor, or a fair and reasonable satisfaction for the use and occupation thereof, by action of debt or assumpsit, in any court of competent jurisdiction, in any of the following

cases:

First-When rent is due and in arrear on a lease for life or lives.

Second-When lands are held and occupied by any person without any special agreement for rent.

Third-When possession is obtained under an agreement, written or verbal, for the purchase of the premises, and before deed given the right to possession is terminated by forfeiture or non-compliance with the agreement, and possession is wrongfully refused or neglected to be given upon demand, made in writing, by the party entitled thereto: Provided, that all payments made by the vendee, or his representatives or assigns, may be set off against such rent.

Fourth-When land has been sold upon a judgment or a decree of court, when the party to such judgment or decree, or person holding under him, wrongfully refuses or neglects to surrender possession of the same, after demand, in writing, by the person entitled to the possession.

Fifth-When the lands have been sold upon a mortgage or trust deed, and the mortgagor or grantor, or person holding under him, wrongfully refuses or neg lects to surrender possession of the same, after demand, in writing, by the person entitled to the possession. [R. S. 1845, p. 333, § 1.

2. WILLFULLY HOLDING OVER-DOUBLE RENT. § 2. If any tenant or tenants for life, lives, or for a year, or any longer or shorter time, or any person or persons who are or shall come into possession of any lauds, tenements or hereditaments, by, from or under or by collusion with such tenant or tenants, shall willfully hold over any lands, tenements or hereditaments, after the expiration of