The Cairo bulletin. [volume] (Cairo, Ill.) 1872-1878, 1873-03-28

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One Of the most important bill. We
passed is that revising the law la relation
to change of venue, which furnished am
pie grounds for discussion to-day. Sena
tors. Casey and: Don and other leadin,
members opposed the bill, and it was ad
vocated equally earnestly by Judge steel
and others. Tho bill was finally passe,
by vote OF 80 ayes TO Ia noes 1t bein.
OF an important character and materially
changing the present law, we give the fol
lowing very full synopsis Of 1t. 1t Is al
follows
Section l allows q change OF venue in
suits in law or equity, and for the exercise
OF eminent domain law Where the judg,
is Interested, n witness, related 10 or coun.
sci Tor either party. =. On account of the
prejudice of the judge or inhabi.
tants, or undde influence Of the ad.
verse party. This section does not change
the causes Of change heretofore existing,
except 70 add eminent domain cases here
toiore unprovided for.
Section two Is now and we givcit entire.
SEC. 2. When change Of venue 1.
granted II may DO to some other court OF
record of competent jurisdiction in the
came county or some other convenient
county, to which there is no valid objec-
ton Provided that when the action is
pending in either the circuit or superior
court OF Cook county, and the only causes
for change of venue apply to one or
more but not all ofthe judges of such
court, the cases may pc tried before some
one Of the judges of such court to whom
tho causes do not apply.
Section requires the application to be
by the sworn petition Of tho applicant, as
heretofore.
Section Is new and is as follows
Section 4. If the cause for the change
Is the prejudice of the inhabitants OF the
county, or the undue influence of the ad-
verse party over their minds, the petition
shall sc. forth the facts upon which the
petitioner POUNDS his belief, and must be
supported by the aiiidavits Of a, least two
other reputable persons resident Of the
county. The adverse party may contro.
vert the petition by counter affdavits,
and the Judge may grant or deny the Pc
t.ion as shall appear to be according 10
the rights OF the case.
Sections 8, q, : and are in regard TO
the time of applying for the change and
the number of changes of venue which
may DO allowed, and make no material
change In the present law.
Section is tho same as the presen
law, except the proviso. The section reads
as follows:
SIC. 0. When there are two or more
plaintiffs or defendants, q change Of
venue shall not be granted unless the APP
plication is made by or with tho consent
Of all the parties, plaintiff or defendant, a.
he case may be- Provided, tina. in pro.
ceedings for the condemnation of prop
ariy, when the application is by or agains.
all tae owners OF any parcel OF property |
10 be condemned, a change Of venue may |
be made Of 90 much of the case as affects |
hem, If it can DO done without prejudice |
20 the defendants or plaintiffs in such pro.
seeding.
Section 10 is rs heretofore.
Sections II, IL and - TIRE new and are |
assfollows
Sic. IL. Tho order for change of |
venue may be made subjec! to such equit-
able terms and conditions as safety to tho |
rights Of the parties may seem TO require
and the Judge in his discretion may pre-
cribc.
SIC, IL. The expenses attending a
hange Of venue shall be taxed by the
lerk OF the court from which the case i
ertiled, according to the rates established
y law for like services, and shall be paid
y the petitioner, and no. taken a. part of
nc cost of the suit.
SEC. 10. Tho order shall be void, unless
he party obtaining q change of venue
hall, within fifteen days, or such shorter
lme Us the court or Judge may prescribe,
Jay to the clerk tho expenses attend ing
he change
Sections L. 10, 10 and /. are sub,,anti.
lily as the law now stands.
IL CRIMINAL CASES.
The changes made in the law 10 relation
0 criminal cases are all contained in Sec
ions ~, 10, 20, y, % and 20, which are
= follows
SECTION ~, Whyn any deiendent in an
Indictment or information of any court in
his state shall fear that he shall not re-
Give a fair and impartial trial in the court
n which the case is pending, because the
udge Of the court is, or the inhabitants of
he county in which the case is pending
re prc]udiced against him, the cour. shall
ward change n of venue upon the appli-
alton Of the defendent, as hereinafter pro-
ided
Sc. 9. When change of venue il
ranted, 1t may be to some other court of
ecord OF competent Jurisdiction in the
ame county, or in some other convenient
Ounty, 10 which, there Is no valid obiec-
on Provided, that when tho case is
ending in Cook county, and the cause for
ne change applies only to Judge of said
ourt at the time Of the trial, tho case may
g tried by any other judge Of said court
D whom the cause alleged does not apply.
SEC. 90. Every application for change
{ venue shall DO BY petition setting forth
he cause OF the application and praying n
hsnge OF venue, which petition shall be
eriied by the affidavit Of tho defendant.
SEC. u. When the cause for change
I venue IS the prejudice Of the Judge, the .
etition shall be accompanied by tho all.
avits OF at least two reputable persons
asident ofthe county aud not Of kin or
ounsel to the applicant, that they bolieye
ne Judge Is SO prejudiced against the ap-
licant that he cannot have fair and i'm.
artlal trial, and thereupon tho said Judge
hall change the venue of SAID cause,
SIC. ". II tho cause for tho change Is tho
feludce OF the inhabitants against the de-
'hdeht his petition shall set forth the
acts on which he POUNDS his belief. and
aust be supported by the atiidayits of A.
east two reputable persons resident of the
ounty, and not Of kin or counsel 10 tba
pplicant.
SEC 23. When the cause for tina cbsr,e
venue Is the prejudice of the i@,abi.
mus Of the county, the attorney, on be-
All OF the people, may deny the fucts
ated IN the petition. and support his de- -
'ai by eounter-sfiidavits and tho Judge