duties required of a duly elected bailiff of said court and shall receive a like salary, and shall hold such office until some person is elected and qualified according to law to fill such vacancy. It shall be unnecessary to serve any process of summons upon the bailiff in any suit against him commenced in the municipal court. In lieu of the service of such process the clerk shall notify the bailiff of the commencement of such suit and the bailiff shall thereupon forthwith enter his appearance therein, such entry of appearance to be made without any advance payment of costs. The salary of the bailiff shall be fixed by the city council: Provided, however, that such salary shall not be less than five thousand dollars ($5,000) per annum and that it shall not exceed the salary which may be fixed for an associate judge of the municipal court and that it shall neither be increased nor diminished during the term for which the bailiff shall have been elected: And, provided, further, that until the fixing of the salary by the city council the salary of the bailiff shall be five thousand dollars ($5,000) per annum. Such salary shall be payable in monthly installments out of the city treasury. The bailiff may employ an attorney at a salary of not exceeding three thousand dollars ($3,000) per annum, which salary together with all expenses incurred by the bailiff in prosecuting or defending suits brought by or against him in his official capacity shall be paid out of the city treasury.

§ 17. That said bailiff shall appoint such number of deputies as may be determined, from time to time, by a majority of the judges of the municipal court by orders signed by them and spread upon the records of said court. The salaries of deputy bailiffs shall be fixed, from time to time, by orders signed by a majority of the judges of the municipal court and spread upon the records of the court and shall be payable out of the city treasury in monthly installments: Provided, however, that the salary of the chief deputy bailiff shall be four thousand dollars ($4,000) per annum, and that the salary of the assistant chief deputy bailiff shall be two thousand five hundred dollars ($2,500) per annum and that the salary of no other deputy bailiff shall exceed fifteen hundred dollars ($1,500) per annum. Such deputy bailiffs shall take the same oath or affirmation required of the bailiff of said municipal court and shall give bonds to be approved by the chief justice of said court conditioned, as near as may be, like the bond required of the bailiff. The bailiff and deputy bailiffs of the municipal court shall be ex officio police officers of the city of Chicago. Any deputy bailiff shall be subject to removal at any time by an order signed by a majority of the judges of the municipal court and spread upon the records of said court. Any deputy bailiff may likewise be removed by the bailiff: Provided, however, that any deputy bailiff so removed may be restored to his position by an order signed by a majority of the judges of said municipal court and spread upon the records of said court. The number of deputy bailiffs may be reduced at any time by an order signed by a majority of the judges of said municipal court and spread upon the records of said court. Every police officer of the city of Chicago shall be ex officio a deputy bailiff of the municipal court, and shall perform, from time to time, such duties in respect to cases within the jurisdiction

of said court as may be required of him by said court or any judge thereof. The bailiff may appoint a special deputy to serve any summons issued out of the municipal court, by indorsement thereon substantially as follows: "I hereby appoint..

... my special deputy to serve the within writ," which shall be dated and signed by the bailiff. Such special deputy shall make return of the time and manner of service of such writ, under his oath, and for making a false return he shall be guilty of perjury and be punished accordingly.

§ 19. That until otherwise determined in the manner hereinafter provided, and except as by this Act is otherwise prescribed, the practice in the municipal court shall be the same, as near as may be, as that which may from time to time be prescribed by law for similar suits or proceedings in circuit courts, excepting that in cases of the fourth class and cases of the fifth class mentioned in section two (2) of this Act the issues shall be determined without other forms of written pleadings than those hereinafter expressly prescribed or provided for. Said municipal court shall be the sole judge of the applicability to the proceedings of said court of the rules of practice prescribed by law for similar cases in the circuit courts and its decisions in respect thereto shall not be subject to review upon appeal or writ of error: Provided, however, that upon appeal or writ of error the Supreme Court or the Appellate Court, as the case may be, may grant relief from any such decision in any case where, in the opinion of the Supreme Court or Appellate Court, such relief is necessary to prevent a failure of justice.

§ 20. That the judges of said municipal court shall have power to adopt, in addition to or in lieu of the provisions herein contained prescribing the practice in said municipal court or of any portion or portions of said provisions, such rules regulating the practice in said court as they may deem necessary or expedient for the proper administration of justice therein: Provided, however, that no such rule or rules so adopted shall be inconsistent with those expressly provided for by this Act. The adoption of said rules shall be accomplished by an order signed by a majority of said judges, which order, when made, shall be forthwith spread upon the records of the municipal court and shall be printed in pamphlet form at the expense of the city. The Supreme Court shall have power, in its discretion, to substitute for the rule or rules so adopted by said judges of said municipal court or for any portion thereof, such other rules as the Supreme Court may deem necessary and may, in its discretion, of its own motion or otherwise, make any order respecting the rules of said municipal court which it may deem proper. The Supreme Court and the Appellate Court, in cases brought to them from the municipal court, by appeal or writ of error, shall take judicial notice of the rules of practice from time to time in force in said municipal court.

21. That there shall be no stated terms of the municipal court, but said court shall always be open for the transaction of business. Every judgment, order or decree of said court final in its nature shall

be subject to be vacated, set aside or modified in the same manner and to the same extent as a judgment, order or decree of a circuit court during the term at which the same was rendered in such circuit court: Provided, a motion to vacate, set aside or modify the same be entered in said municipal court within thirty days after the entry of such judgment, order or decree. If no motion to vacate, set aside or modify any such judgment, order or decree shall be entered within thirty days after the entry of such judgment, order or decree, the same shall not be vacated, set aside or modified excepting upon appeal or writ of error, or by a bill in equity, or by a petition to said municipal court setting forth grounds for vacating, setting aside or modifying the same, which would be sufficient to cause the same to be vacated, set aside or modified by a bill in equity: Provided, however, that all errors in fact in the proceedings in such case, which might have been corrected at common law by the writ of error coram nobis may be corrected by motion, or the judgment may be set aside, in the manner provided by law for similar cases in the circuit court.

That the final orders, judgments and decrees of the municipal court in cases of the first class, cases of the second class and cases of the third class mentioned in section two (2) of this Act, and in bastardy cases, may be reviewed upon error or appeal, by the Supreme Court in all criminal cases above the grade of misdemeanors, cases in which a franchise or freehold or the validity of a statute or construction of the constitution is involved, and in all cases relating to the revenue or in which the State is interested as a party or otherwise, and by the Appellate Court in all other cases. The practice in cases of appeals from or writs of error to said municipal court in said cases shall, except as in this Act, or by rules of said court adopted in pursuance hereof, may be otherwise provided, be the same, as near as may be, as the practice in cases of appeals from and writs of error to circuit courts in similar cases: Provided, however, that upon the suing out of any writ of error in any criminal case, capital cases excepted, and the filing of the same in the municipal court, the municipal court may admit any defendant to bail pending the determination of such writ of error. But no appeal shall be allowed in any case unless the same be prayed for within twenty days after the entry of the order, judgment or decree appealed from, and no assignment of error in the Supreme Court or in the Appellate Court in any such case shall be allowed which shall call in question the decision of the municipal court in respect to any matter pertaining to the practice in said court: Provided, however, that the Supreme Court or the Appellate Court, as the case may be, may grant relief from any error of the municipal court in respect to a matter of practice therein in any case where, in the opinion of the Supreme Court or Appellate Court. such relief is necessary to prevent a failure of justice. Authenticated copies of records of judgments, orders and decrees appealed from shall be filed in the office of the clerk of the Supreme Court, or of the Appellate Court, as the case may be, within forty days after the date of the order, judgment or decree appealed from, unless the municipal court, by an order entered within said forty days, shall have granted further time for the filing of the same.

23. That the final orders and judgments of the municipal court in cases of the fourth class and cases of the fifth class mentioned in section two (2) of this Act shall be reviewed by writ of error only. Such writ of error shall be sued out of the Supreme Court in all cases in which a franchise, a freehold or the validity of a statute or the construction of the constitution is involved, and out of the Appellate Court in all other cases. The time within which a writ of error may be sued out in any such case shall be limited to thirty days after the entry of the final order or judgment complained of. The manner of prosecuting such writ of error shall be as follows:

First. Any party to any such case against whom there has been rendered any final order or judgment of the municipal court and who shall desire to obtain a review of such final order or judgment by a writ of error and who shall, for that purpose, also desire a stay of execution may, upon suing out of the Supreme Court, or Appellate Court, as the case may be, a writ of error in such case and filing the same in the municipal court, obtain from the municipal court a stay of execution upon such order or judgment for ninety (90) days after the entry thereof by the giving of a bond with a sufficient surety or sureties to be approved by a judge of the municipal court conditioned for the due prosecution of such writ of error and otherwise, as near as may be, as an appeal bond in case of an appeal from a similar order or judgment of a circuit court is required to be conditioned. No such bond, however, need be given in any case if the party suing out such writ of error shall not desire a stay of execution.

Second. No other or further stay of proceedings or execution in any such case shall be allowed by the municipal court, but the Supreme Court or the Appellate Court, or any judge thereof, may allow a supersedeas as in other cases, but upon the allowance of any supersedeas, when any bond has been given as above provided, no additional bond shall be required, and such supersedeas shall be operative until the final determination of such writ of error.

Third. If, upon application to the Supreme Court or Appellate Court, or to any judge thereof, for a supersedeas the same shall be denied, such order or judgment shall stand affirmed, and no further proceedings shall be had in said Supreme Court or Appellate Court with respect thereto, unless the Supreme Court or Appellate Court, or the judge denying such supersedeas, shall otherwise order.

Fourth. The party in whose favor any final order or judgment has been entered shall be entitled to sue out a writ of error from the Supreme Court or the Appellate Court, as the case may be, by depositing with the clerk of the court from which said writ of error is sued out the sum of twenty dollars ($20) as security to the opposite party for such costs as may be awarded such opposite party by the Supreme Court or the Appellate Court, as the case may be, upon the final determination. of such writ of error.

Fifth. The party suing out any writ of error shall not be required to serve upon the opposite party any scire facias to hear errors, but in lieu thereof shall, within five days after the issuance of the writ of

error, file the same with the clerk of the municipal court, and make to the supreme court or the appellate court, as the case may be, proof of such filing,and such writ of error so filed shall be notice to the opposite party of the suing out and prosecution of such writ of error.

Sixth. Upon application made at any time within thirty (30) days after the entry of any final order or judgment, or within such further time as may, upon application therefor within said thirty days, be allowed by the court, it shall be the duty of the judge by whom such final order or judgment was entered, to sign and place on file in the case in which the same was entered, if so requested by either of the parties to the suit, either a correct statement, to be prepared by the party requesting the signing of the same, of the facts appearing upon the trial thereof, and of all questions of law involved in such case, and the decisions of the court upon such questions of law, or, if such party shall so elect, a correct stenographic report of the proceedings at the trial, and a correct statement of such other proceedings in the case as such party may desire to have reviewed by the supreme court or the appellate court, omitting therefrom, with the approval of the judge, so much of the arguments of counsel and of the other proceedings, other than the evidence and rulings of the court with respect thereto and the charge of the court, as the judge may deem unnecessary for the presentation to the supreme court or the appellate court of the merits of the case: Provided, however, that the opposite party may, if he so elect, cause the parts so omitted to be signed by the judge as an additional report, and cause the same to be certified by the clerk and filed in the supreme court or appellate court, as the case may be, as a part of the record to be considered upon such writ of error. The expense of procuring such report, or additional report, shall be paid in the first instance by the party procuring the same, and shall be taxed as a part of the costs in the supreme court or appellate court, as the case may be. Such statement, or such original report and additional report, if there be such original or additional report, together with a certified copy of the judgment, and such other papers as may be specified by the judge, if any, shall be certified to the supreme court or appellate court, as the case may be, as the record to be considered upon the review of such order or judgment by writ of error.

Seventh. No order or judgment so sought to be reviewed shall be reversed unless the supreme court or appellate court, as the case may be, shall be satisfied from said statement or stenographic report, or reports, signed by said judge, that such order or judgment is contrary to the law and the evidence, or that such order or judgment resulted from substantial errors of said municipal court directly affecting the matters at issue between the parties, in which last mentioned case the supreme court or appellate court, as the case may be, may enter such order or judgment as, in its opinion, the municipal court ought to have entered, or it may reverse the said order or judgment and remand the case to the municipal court for further proceedings.

Eighth. No assignment of error in the supreme court or in the appellate court in any such case shall be allowed which shall call in