mand, the time and place for trial, and shall also state that unless said defendant shall appear at the time and place fixed for trial, judgment will be entered by default, and shall also state the character of the judgment that will be rendered in said cause and of the execution that will be issued thereon, three copies of which notice the bailiff shall post in three public places in the neighborhood of the court where said cause is to be tried, at least ten days prior to the day set for the trial, and if the place of residence of the defendant is stated in any affidavit on file, the bailiff shall at the same time mail one copy of the notice addressed to such defendant at such place of residence and on or before the day set for trial said bailiff shall file said notice with an endorsement thereon stating the time when and places where he posted and to whom and at. what address he mailed copies as herein required. For want of sufficient notice any cause may be continued from time to time until the court has jurisdiction of any defendant. Second: In attachment cases the defendant, at the time of his appearing in person, or of his entering his appearance in writing, if he shall desire to be permitted to present any set-off or counter claim shall file a statement thereof. Third: In forcible detainer cases the plaintiff may unite with his claim for possession of the property any claim for rent or damages for withholding possession thereof, and in such cases the service of summons, practice and proceedings shall be as provided by this Act for fourth class cases regardless of the amount of such claim for rent or damages, except that where such amount exceeds $1,000 the costs shall be as in first class cases. § 2. That this Act shall be submitted to a vote of the legal voters of the city of Chicago at the first regular municipal, judicial, general or special election which shall occur in said city of Chicago, after the first day of July, A. D. 1917. The ballot to be used at said election in voting upon this Act shall be in substantially the following form: For consenting to the Act relating to the service of summons and the practice and proceedings in the Municipal Court of Chicago, entitled, "An Act to amend sections 40, 42 and 48 of an Act entitled 'An Act in relation to a Municipal Court in the city of Chicago' approved May 18, 1905, and in force July 1, 1905, as subsequently amended." Against consenting to the Act relating to the service of summons and the practice and proceedings in the Municipal Court of Chicago, entitled, "An Act to amend sections 40, 42 and 48 of an Act entitled, 'An Act in relation to a Municipal Court in the city of Chicago' approved May 18, 1905, and in force July 1, 1905, as subsequently amended." If a majority of the legal voters of said city voting on the question at such election shall vote in favor of consenting to this Act, the same shall thereupon take effect and become operative. APPROVED May 18, 1917. MUNICIPAL COURT OF CHICAGO. 1. Amends sections 50, 62 and 63, Act of 1905. § 50. Provides for bail either § 62. Provides for preparation 63. Provides for judgment, order or decree of court to become lien on real estate, etc. § 2. Referendum of amendments. (HOUSE BILL No. 402. FILED JUNE 28, 1917.) AN ACT to amend sections 50, 62 and 63 of an Act entitled, "An Act in relation to a Municipal Court in the city of Chicago," approved May 18, 1905, and in force July 1, 1905, as subsequently amended. SECTION 1. Be it enacted by the People of the State of Illinois. represented in the General Assembly: That sections 50, 62 and 63 of an Act entitled, "An Act in relation to a Municipal Court in the city of Chicago," approved May 18, 1905, and in force July 1, 1905, as subsequently amended, be and the same are hereby amended to read as follows: § 50. Upon the arrest of any person for any criminal or quasi criminal offense within the jurisdiction of the Municipal Court, any judge of the Municipal Court, or any judge of the Circuit or Superior Court of Cook County, shall have power to let such person to bail either before or after complaint or information filed; and in case of the arrest of any person for any quasi criminal offense, or for any offense when the punishment is by fine or imprisonment otherwise than in the penitentiary, the general superintendent of police or any captain or lieutenant or sergeant of police of the city of Chicago, or any deputy clerk designated for that purpose by an order signed by a majority of the judges of the Municipal Court shall have power to let such person to bail either before or after complaint or information is filed. The bail bond in any criminal or quasi criminal case shall be payable to the People of the State of Illinois for the use of the parties interested and conditioned for the personal appearance of the person arrested. before a certain branch court or any other branch court to which the cause may be transferred at a time fixed in said bond for such personal appearance, and from day to day thereafter until the final judgment or order of the court, and in default of such personal appearance in any criminal case for the immediate payment of the penalty of said bond, and in any quasi criminal case for the immediate payment of any judgment that may be rendered in said case. The fact that bail or cash deposit in lieu thereof may have been taken to answer to a certain charge before the filing of any complaint or information and the complaint or information afterwards filed charge a different offense, either against the same or a different corporate authority, or that a bond may have been taken for either a larger or smaller amount than may have been required by order or rule of court, shall be no objection to its validity. Any bond so taken shall be signed by one or more sureties to be approved by such judge or officer, who shall be authorized and required to administer oaths for the purpose of ascertaining the sufficiency of the sureties. All bonds so taken shall be filed with the clerk of the Municipal Court at the branch court at which the person so arrested is required to appear. The exercise of the power hereby conferred of letting to bail shall be subject to regulations by such rules as may be adopted by a majority of the judges of the Municipal Court, as herein provided. But any person so arrested shall have the right to be brought immediately before the Municipal Court in the district in which he is arrested, or, if there be no judge then in attendance upon such court, before the Municipal Court in any other district at which there may be then a judge in attendance, to be dealt with by such court according to law. The court may by rule provide that any defendant arrested in any criminal case in which the punishment is by fine or imprisonment otherwise than in the penitentiary, or in any quasi criminal case, in lieu of giving other bail for his personal appearance or any person for said defendant, may deposit with the clerk or with the police officer letting such person to bail, to be by such police officer paid over to the clerk within twenty-four hours after such deposit is made, such sum of money as cash bail as by order or rule of court may be determined to be sufficient to secure his personal appearance at the time or times fixed therefor, such sum to be forfeited in case the defendant shall fail to appear in person at the time or times so fixed, and to be accounted for by the clerk of said court the same as if the defendant had executed a bail bond in the case in which the complaint or information is filed and such bail bond had been forfeited and collected: Provided, that in quasi criminal cases where the defendant does not appear as aforesaid, the judgment, if rendered against him, and costs shall be deducted from such cash deposit and the balance returned to the person depositing same. If, upon an application made at any time within thirty days after any forfeiture provided for in this section, it shall be proved to the satisfaction of the court that the defendant's failure to so appear was the result of serious illness, or other unavoidable accident, the court may, by order, set aside any forfeiture of bail or cash deposit. Said clerk shall hold any money ordered forfeited as aforesaid during the time that such forfeiture is subject to be so set aside. Other proceedings for the forfeiture of recognizances and bail bonds in criminal and quasi criminal cases shall be the same, as near as may be, as provided for the forfeiture of recognizances and bail bonds in criminal cases in the Criminal Court of Cook County. § 62. It shall be the duty of the Chief Justice of the Municipal Court to superintend the keeping of the records of said court. He shall have power and authority to prescribe abbreviated and amplified forms of entries of orders, judgments and decrees in said court, which abbreviated forms shall stand for and represent the respective amplified forms thereof. The entry by any branch court of any order, judgment or decree in such abbreviated form shall, to all intents and purposes, and in legal effect, be the adoption by the court so directing such order, judgment or proceeding to be entered, of the prescribed amplified form or part thereof used, data supplied in the blanks in said abbreviated form being likewise in legal effect supplied in said amplified form, the court having regard for and contemplating said amplified form with said data as the true order, judgment or proceeding of the court, when so directing the same to be entered in such abbreviated form. And in such case any names, dates, amounts, or other words and figures that may accompany or be entered with such abbreviated form, shall be deemed to be, in legal effect, and to all intents and purposes, incorporated with said amplified form in the blank spaces therein as the context. may require, and said amplified form, together with said names, dates, amounts and other words and figures as aforesaid, shall constitute the true proceedings and record thereof of the court, and may be fully carried into effect and the commands thereof executed, without any further elaboration or expansion of such abbreviated form. The commands of any such judgment, order or decree may be carried out and executed, liens thereof shall attach if such be the true legal import and effect thereof, and process may issue thereon immediately upon the same being rendered and before being entered of record, but the same shall be entered of record in abbreviated form or otherwise as soon after being rendered as practicable. And it shall constitute no objection to any such abbreviated form, that the same does not contain all the essential elements or matter contained in such amplified form, or that the words in said abbreviated form may be abbreviated. Said Chief Justice shall have power and authority to prescribe any rules and regulations concerning the adoption and use of any abbreviated and amplified forms or orders, judgments and decrees that are not inconsistent with this Act. Upon the preparation by the clerk of a certified transcript in amplified form of any proceedings in any cause that have been entered only in abbreviated form, or upon the request of any person for the extension in amplified form of any such proceedings and the payment to the clerk of the same fees as are required for a certified transcript, the clerk shall extend said proceedings in amplified form. Said proceedings so extended shall be accompanied by proper placita and preambles and shall be certified under the hand of the clerk and the seal of the court to be a true extended record of certain proceedings in such cause which extended record, when so certified, shall have placed thereon the file mark of the clerk and shall be preserved as a permanent record among the files of the cause. §63. The judgments, orders and decrees of the Municipal Court shall have the same force, be of the same effect, be liens upon real estate or any interest therein in the city of Chicago, to the same extent and under the same circumstances, and be executed and enforced in the same manner as the judgments, orders and decrees of the Circuit Court of Cook County, except as is otherwise in this Act provided. No judgment, order or decree of the Municipal Court, the amount of which— exclusive of costs-is, at the date of rendition thereof, less than two hundred dollars, shall be a lien upon real estate or any interest therein excepting from the time of the filing in the office of the clerk of the Circuit Court or registrar of titles, of a certified transcript or certificate, as provided for in this Act. Upon the filing in the office of the clerk of the Circuit Court of any county in this State of a transcript, certified under the hand and official seal of the clerk of the Municipal Court, of any judgment, order or decree of the Municipal Court, said judgment order or decree shall thenceforth have the same force, be of the same effect and be a lien upon unregistered real estate or any interest therein throughout such county to the same extent and under the same circumstances as a judgment, order or decree of the Circuit Court of such county. No judgment, order or decree of the Municipal Court shall be a lien upon or affect registered land or any estate or interest therein, until a certificate under the hand and official seal of the clerk of the Municipal Court, stating the date and purport of the judgment, order or decree, or a certified copy of such judgment, order or decree, is filed in the office of the registrar of titles of the county in which the land is situated, and a memorial of the same is entered upon the register of the last certificate of the title to be affected. In any case an execution issued on any judgment, order or decree of the Municipal Court, when against lands and tenements, goods and chattels within the city of Chicago, shall be directed to the bailiff; or in case he is disqualified from acting, then to the sheriff of Cook County, and shall be a lien upon all the personal property of the person against whom the judgment is obtained, situated within the city of Chicago, from the time it is delivered to the bailiff, or to the sheriff, to the same extent as an execution issued out of the Circuit Court of Cook County, when delivered to the sheriff, and may be levied upon the property, real or personal, of said person, situated at any place within the city of Chicago, to the same extent as an execution issued out of the Circuit Court of Cook County. But no execution upon a judgment, order or decree shall become a lien upon registered land, or any estate or interest therein, until said execution shall be levied on said real estate, and a certificate of the fact of such levy shall be filed with the registrar of titles of the county in which such real estate is situated, and a memorial thereof shall be entered upon the register of the last certificate of the title to be affected. Executions against lands, tenements, goods and chattels outside of the city of Chicago shall be directed to the sheriff; or in case he is disqualified from acting, to the coroner of the county in which such lands, tenements, goods and chattels are situated. Any execution, issued on any judgment of which a transcript has been filed in the office of the clerk of the Circuit Court of any county in this State, shall throughout the county in which said transcript is filed as aforesaid, be of the same force, have the same effect, be a lien to the same extent and be executed in the same manner as if said execution had issued on a judgment of the Circuit Court of Cook County. § 2. This Act shall be submitted to a vote of the legal voters of the city of Chicago at the first regular municipal, judicial, general or special election which shall occur in said city of Chicago after the date. |