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unexpired term is less than one year the judges shall appoint a bailiff pro tempore, who shall qualify by giving bond and taking the oath required by law on the bailiff, and thereupon such appointee shall perform all the 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 more than five thousand dollars ($5,000) per annum, to be fixed annually by a majority of the judges of the municipal court, 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. All suits commenced by the bailiff or against him in his official capacity, and pending in any court at the time of the expiration of his term of office or at the time of his death, resignation or removal from office, any suits that may be commenced by or against him in his official capacity, shall be prosecuted or defended, as the case may be, by such bailiff or his legal representatives at the expense of the city of Chicago, and said necessary expense, together with such reasonable attorney's fees as shall be fixed by a majority of the judges of the municipal court, shall be paid out of the city treasury: Provided, however, that nothing herein contained shall be construed to require the city of Chicago to pay any judgment or costs recovered against the bailiff.

§ 40. That every case of the fourth class mentioned in section two (2) of this Act, excepting attachment suits, garnishment suits, replevin suits, cases of distress for rent, forcible entry and detainer suits, and trials of the right of property, brought in the municipal court, shall be commenced by the filing by the plaintiff with the clerk of a præcipe for a summons, specifying the names of the parties to the suit, the amount of the plaintiff's claim and the day at which the summons shall be made returnable which day shall not be less than five (5) nor more than fifteen (15) days from the filing of the præcipe and a statement of the plaintiff's claim, which statement if the suit be upon a contract, express or implied, shall consist of a statement of the account or of the nature of the demand, or, if the suit be for a tort, it shall consist of a brief statement of the nature of the tort and such further information as will reasonably inform the defendant of the nature of the case he is

called upon to defend, but nothing herein contained shall be construed to require the statement of claim in any action for a tort to set forth the cause of action with the particularity required in a declaration at common law; provided, it shall not be necessary to file a praecipe or to issue any summons in case the defendant is to be notified by publication or posting of notices. In cases of the fourth class mentioned in said section two (2) of this Act, the municipal court may adopt such rules and regulations as it may deem necessary to enable the parties, in advance of the trial to ascertain the nature of the plaintiff's claim or claims or of the defendant's defense or defenses. No summons, however, need be issued or served in the case of the confession of a judgment in a case of the fourth class, but, such judgment may be confessed in the same manner, as near as may be, as in a similar case in the circuit court.

§ 42. That every such summons issued out of the municipal court, shall be served upon the defendant by the same method and in the same manner as if the summons had issued out of the circuit court and shall be served by the bailiff of said court unless other provisions of law be made therefor. There shall be attached to the copy of the summons thus served a copy of the plaintiff's præcipe and statement of claim. In case said summons shall not be served upon the defendant three days or more prior to the return day thereof an alias summons may be issued, and a subsequent pluries summons may be issued in any case when a previous alias or pluries summons shall not have been served upon the defendant three days or more prior to the return day fixed in the previous summons. Service of such alias or pluries summons shall be made in the same manner as that above provided for the service of the original summons. It shall be the duty of the bailiff to return every summons immediately upon the expiration of the time within which the same is required to be served upon the defendant.

48. That the practice and proceedings in the municipal court, other than the mode of trial and the proceedings subsequent to trial, in cases of attachment, garnishment, replevin, distress for rent, and forcible detainer, included within the cases of the fourth class mentioned in section two (2) of this Act, shall be the same, as near as may be, as that which is now prescribed by law for similar cases in other courts of record with the following exceptions:

First: (a) In attachment, garnishment, replevin, distress for rent and forcible detainer cases, no statement shall be necessary. An affidavit for attachment, garnishment, replevin copy of the distress warrant and complaint in forcible detainer shall be the only written pleadings required, except such written pleadings or statements as may be required from time to time by the rules of the municipal court. In garnishment cases the party for whose use the proceedings are instituted shall be designated plaintiff, the judgment debtor shall be designated defendant and the party upon whom garnishment process is served shall be designated garnishee.

(b) If the plaintiff, his agent or attorney shall file in any attachment, replevin, distress for rent or forcible detainer suit an affidavit stating that the defendant is not a resident of this State, or has departed from this State, or on due inquiry cannot be found, or is concealed within

this State so that process cannot be served upon him, and also stating the place of residence of the defendant, if known, and if not known, that upon diligent inquiry the affiant has not been able to ascertain the same, then if the case be attachment or distress for rent case and the amount claimed by the plaintiff, exclusive of costs, does not exceed two hundred dollars, or if the case be a forcible detainer case and no claim for rent is joined with the complaint for possession the defendant may be notified by posting or posting and mailing of notices as hereinafter provided in this section; but if the case be an attachment or distress for rent case and the amount claimed by the plaintiff, exclusive of costs, exceeds two hundred dollars, or if the case be replevin, the defendant may be notified by publication or publication and mailing of notices as hereinafter provided in this section; if the case be one of the trial of the right of property or any other case where others interested in the litigation should be notified such notice to the defendant and others interested shall be given as shall be ordered by the court.

(c) Whenever notice by publication is required or proper to be given to any defendant, it shall be the duty of the clerk of said court to give notice by publication at least once in each week for three weeks successively in some newspaper of general circulation published in said city of Chicago, which notice shall be directed to the defendant, shall state the nature of the process against the defendant, at whose instance issued, the amount claimed to be due, if for a money demand, the time and place of 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, and the clerk of the court shall mail to each of the defendants at their last known places of residence as stated in the affidavit filed as a foundation for said publication, a copy of said notice within ten days after the first day of the publication of the same. Whenever notice by posting is required or proper to be given to any defendant, said notice shall be in the name of the clerk of the court, be directed to the defendant, shall state the nature of the process against the defendant and at whose instance issued, the amount claimed to be due if for a money demand, 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. 1915. The ballots to be used at said election in voting upon this Act shall be in substantially the following form:

FOR consent to the Act entitled, "An Act to amend sections 16, 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 entitled, "An Act to amend sections 16, 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 June 24th, 1915.

SUPREME COURT-LIBRARIAN.

§ 1. Amends section 17, Act of 1897.

17. As amended fixes salary of librarian. (HOUSE BILL No. 257. APPROVED JUNE 28, 1915.)

AN ACT to amend section 17 of an Act entitled, "An Act to diminish the number of the judicial divisions of the Supreme Court, to change the time and place of holding said court, and to regulate the practice in said court," approved April 2, 1897, in force July 1, 1897, and as subsequently amended.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That section 17 of an Act entitled, "An Act to diminish the number of the judicial divisions of the Supreme Court, to change the time and place of holding said court, and to regulate the practice in said court," approved April 2, 1897, in force July 1, 1897,

and as subsequently amended, be and the same is hereby amended to read as follows:

17. The judges of the Supreme Court shall appoint a librarian for the Supreme Court Library, located at the State Capital, and prescribe his duties and fix his compensation not exceeding three thousand dollars per year, to be paid as other expenses of the Supreme Court are paid. Such librarian, before entering upon the duties of his office, shall give bond payable to the People of the State of Illinois in the penal sum of five thousand dollars, with security to be approved by two judges of said court conditioned for the due preservation of the books belonging to the library, in his charge, and for the faithful performance of his duties as such librarian.

APPROVED June 28th, 1915.

SUPREME COURT-SECRETARY TO JUDGES.

§ 1. Amends section 18, Act of 1874, as subsequently amended.

§ 18. As amended, fixes salary of secretary to Judge.

(HOUSE BILL No. 764. APPROVED JUNE 28, 1915.)

AN ACT to amend section 18 of an Act entitled, “An Act to revise the law in relation to the Supreme Court," approved March 23, 1874, in force July 1, 1874, as amended by an Act approved June 24, 1895, in force July 1, 1895, as amended by an Act approved April 17, 1899, in force July 1, 1899.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That section 18 of an Act entitled, "An Act to revise the law in relation to the Supreme Court," approved March 23, 1874, in force July 1, 1874, as amended by an Act approved June 24, 1895, in force July 1, 1895, as amended by an Act approved April 17, 1899, in force July 1, 1899, be, and the same is hereby, amended to read as follows:

§ 18. Each of the judges of the Supreme Court may appoint a private secretary, who shall be a licensed attorney of the State of Illinois. Such appointment shall be in writing and shall be filed in the office of the Auditor of Public Accounts, and continue in force until revoked by the judge. Each private secretary so appointed shall receive a salary of three thousand ($3,000) dollars per annum, payable quarter-yearly, on the warrant of the Auditor of Public Accounts, out of any money in the State treasury not otherwise appropriated.

APPROVED June 28th, 1915.

CRIMINAL CODE.

ADVERTISING-UNTRUE OR MISLEADING.

1. Making or disseminating statement which is untrue or calculated to mislead-penalty.

(HOUSE BILL No. 186. APPROVED JUNE 29, 1915.)

AN ACT to prevent fraudulent advertising.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That whoever, being any person, firm, corporation or association, in a newspaper, periodical, circular,

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