Where there are several counts. Where several defts in tort SEC. 8. Where there are several counts in any decla ration, and any one of them be adjudged insufficient, or a verdict on any issue joined thereon, shall be found for the defendant, costs shall be awarded in the discretion of the court. SEC. 9. Where several persons are made defendants to any action of trespass, assault, false imprisonment, some acquitted. detinue, replevin, trover, or ejectment, and any one or more of them shall, upon the trial, be acquitted by verdict, every person so acquitted shall recover his costs of suit, in like manner as if such verdict of acquittal had been given in favor of all the defendants. SEC. 10. In all suits upon any writ of scire facias, or upon prohibition, the plaintiff obtaining judgment, or an On scire facias award of execution, after plea pleaded, or demurrer join& prohibition. ed therein, shall recover his costs of suit; if the plaintiff shall be non-suited, non-pros'd, or suffer a discontinuance, or a verdict shall pass against him, the defendant shall recover his costs. allowed. SEC. 11. In no case in the circuit court shall the fees Costs for four of more than four witnesses be taxed against the party witnesses only against whom judgment shall be given for costs, unless the court shall certify on their minutes, that more than four witnesses were really necessary; in which case the clerk shall tax the costs of as many witnesses as the court shall so certify. of non-suits. SEC. 12. In all cases, where any action shall be disCosts in cases missed for irregularity, or be non-pros'd or non-suited by reason that the plaintiff neglects to prosecute the same, the defendant shall have judgment for his costs, to be taxed, and have execution thereof. SEC. 13. In all suits and actions commenced, or to be commenced for, and on behalf of the people of this state, or the governor thereof, or on behalf of the president and directors of the state bank, or for, or on behalf of any county of this state, or in the name of any person for the use of the people of this state, or any county, then and in every such case, if the plaintiff or plaintiffs shall re-. cover any debt or damages in such action or suit, the plaintiff or plaintiffs shall recover costs as any other per son in like cases: but if such plaintiff or plaintiffs suffer a discontinuance, or be non-suited, or non-pros'd or verdict pass against such plaintiff or plaintiffs, the defendant shall not recover any costs whatever. Nothing in this section contained shall extend to any popular action, nor to any action to be prosecuted by any person in behalf of himself and the people or a county, upon any penal statute. recovered in SEC. 14. Upon the complainant dismissing his bill in Costs when equity, or the defendant dismissing the same for want of equity. prosecution, the defendant shall recover against the complainant full costs; and in all other cases in chancery, not otherwise directed by law, it shall be in the discretion of the court to award costs or not; and the payment of costs, when awarded, may be compelled by execution. SEC. 15. When any suit shall be commenced in the name of one person, to the use of another, the person to whose use the action is brought shall be held liable and bound for the payment of all costs which the plaintiff may be adjudged or bound to pay, to be recovered by action on the case. Cestuy que use bound for costs. On appeal or SEC. 16. In all cases of appeal or certiorari upon the judgments of justice of the peace, when the judgment of certiorari the justice of the peace shall be wholly affirmed or reversed, the party succeeding shall recover from the opposite party his costs, not only in the circuit court but before the justice of the peace, and shall have his execution therefor: not more than fifteen dollars shall be taxed for costs in the circuit court, against the losing party in any such case; whatever costs shall have been made by the party succeeding in such appeal or certiorari over and above the said sum of fifteen dollars, shall be paid by himself: where the judgment of the justice of the peace shall be affirmed in part, then the court shall divide the costs between the parties, according to the justice of the case. SEC. 17. In all cases of appeal from the decision of Appeal from a judge of probate, the costs shall be in the discretion of judge of prothe circuit court. court. bate, &c. SEC. 18. If any person shall sue out a writ of error, On appeals or or take an appeal to the supreme court, to review the judg- writs of error ment of the circuit court, and the same judgment be af- to supreme firmed, or the writ of error be discontinued or quashed, or the plaintiff in error or appellant be non-suited, the defendant in error or appellee shall recover his costs, and have execution therefor; and if the judgment be reversed, the appellant or plaintiff in error shall recover his costs, and shall have execution therefor, as in other cases. . J. 6. 244 SEC. 19. In every such case, if the judgment or decree be affirmed in the whole, the party prosecuting such Per centuin writ of error or appeal shall pay to the opposite party a &c. may be sum not exceeding ten per centum on the amount of the awarded. judgment or decree so attempted to be reversed, at the 1835.9.272 discretion of the court, and in addition to the costs, shall have judgment and execution thereof: Provided, the su Costs may be apportioned. preme court shall be of opinion that such appeal or writ of error, was prosecuted for delay. SEC. 20. Where such judgment or decree shall be re versed in part, and affirmed in part, the costs shall be apportioned between the parties, according to the discre→ tion of the supreme court. SEC. 21. The clerk of any court in this state, is hereby authorized and required to tax and subscribe all bills Duty of clerks. of costs arising in any cause or proceeding, institued in the court of which he is clerk, agreeably to the feest which shall, for the time being, be allowed or specified by law; and shall in no case allow any item or charge, unless he shall be satisfied that the service for which it was made, was actually performed in the cause. Remedy for persons aggrieved. Liability of clerks. Fee bills may tain cases be go out in cer fore final judgment. Acts repealed. SEC. 22. If any person shall feel himself aggrieved by the taxation of any bill of costs by the clerk, he may apply to the court in which the action or proceeding was had, to retax the same according to law : if the said court shall find any charge allowed for services not performed, or for which the person charged is not liable, or any item charged higher than by law is allowed, then the court shall correct such taxation, and if the party aggrieved shall have paid such unlawful charge, the clerk shall forfeit all fees allowed to him for taxation; and shall pay to the party aggrieved the whole amount which he may have paid, by reason of the allowing of such unlawful charge. SEC. 23. In all cases where either party shall be adjudged to pay costs before final judgment, by reason of setting aside non-suit, default, or non-pross, or the granting of a continuance or new trial, or otherwise, and in all cases where there is security for costs, or attorney liable for costs, or an action brought to the use of another, and the plaintiff shall be adjudged to pay the costs, either before or upon final judgment, it shall be lawful for the clerk to make out and tax a bill of costs so adjudged to be paid, against the party adjudged to pay the same and against his security for costs, or other person liable for the payment thereof, or either of them, and certify the same under the seal of the court, which being delivered to the sheriff of the proper county, he shall demand payment from the person therein charged; if payment shall not be made accordingly, within thirty days after such demand, the sheriff shall levy the same on the goods and chattels, lands, and tenements of the person so chargeable, and proceed therein in all things as on a writ of fieri facias. SEC. 24. All acts and part of acts coming within the purview of this act, are hereby repealed: but all costs, This act to be in force on the first day of June next. CRIMINAL CODE. AN ACT relative to Criminal Jurisprudence. Be it enacted by the people of the state of Illinois, represented in the General Assembly, That the following shall, from and after the first day of July next, constitute the code of criminal jurisprudence of this state. FIRST DIVISION. Persons capable of committing crimes. In force July 1st. 1833. crime. SEC. 1. A crime or misdemeanor consists in a viola- Definition of tion of a public law, in the commission of which there shall be an union or joint operation of act and intention, or criminal negligence. SEC. 2. Intention is manifested by the circumstances connected with the perpetration of the offence, and the sound mind, and discretion of the person accused. Intention. Who shall be considered of SEC. 3. A person shall be considered of sound mind who is neither an idiot or lunatic, or affected with insan- sound mind. ity; and who hath arrived at the age of fourteen years, or before that age, if such person know the distinction between good and evil. SEC. 4. An infant under the age of ten years, shall Infant not be found guilty of any crime or misdemeanor. SEC. 5. A lunatic or insane person, without lucid in- Lunatic. tervals, shall not be found guilty of any crime or misdemeanor, with which he may be charged: Provided, the act so charged as criminal, shall have been committed in the condition of insanity. SEC. 6. An idiot shall not be found guilty, or punished, for any crime or misdemeanor, with which he or she may be charged. SEC. 7. Any person counseling, advising, or encouraging an infant under the age of ten years, lunatic, or Idiot couraging in Persons coun- idiot, to commit any offence, shall be prosecuted for such seling & en offence when committed, as principal, and if found guil fants &c. to ty, shall suffer the same punishment that would have commit crimes been inflicted on such person counseling, advising, or to be punished encouraging, as aforesaid, had he or she committed the as principals. offence directly, without the intervention of such infant, lunatic, or idiot. Married wo men when acting under the coercion of their husbands. Drunkenness no excuse for crime, unless when caused by another. Persons so causing it to be punished Acts commit SEC. 8. A married woman acting under the threats, command, or coercion of her husband, shall not be found guilty of any crime or misdemeanor not punishable with death, provided it appear from all the facts and circumstances of the case, that violent threats, command, or coercion were used; and in such case the husband shall be prosecuted as principal, and receive the punishment which would otherwise have been inflicted on the wife, if she had been found guilty. SEC. 9. Drunkenness shall not be an excuse for any crime or misdemeanor, unless such drunkenness be occasioned by the fraud, contrivance, or force, of some other person or persons for the purpose of causing the perpetration of an offence; in which case the person or per-sons so causing said drunkenness, for such malignant purpose, shall be considered principal, or principals, and suffer the same punishment as would have been inflicted on the person or persons committing the offence, if he, she, or they had been possessed of sound reason and discretion. SEC. 10. Acts committed by misfortune or accident, ted by accident shall not be deemed criminal, where it satisfactorily appears, that there was no evil design or intention, or culpable negligence. Persons committing crimes under threats. ces SEC. 11. A person committing a crime, or misdemeanor, not punishable with death, under threats or menawhich sufficiently shew, that his, or her life, or member was in danger; or that he, or she, had reasonable cause to believe, and did believe, that his, or her life or member was in danger, shall not be found guilty: and such threats or menaces being proved and established, the person or persons compelling by such threats, or menaces, the commission of the offence, shall be considered as principal or principals, and suffer the same punishment, as if he or she, had perpetrated the offence. SEC. 12. A person that becomes lunatic or insane afA person who ter the commission of a crime or misdemeanor, ought not becomes insane to he tried for the offence during the continuance of the after the com- lunacy, or insanity. If after verdict of guilty, and before judgment pronounced, such persons become lunatic mission of a crime, not to |