JESSE HOLDOM.

3. For any treason, felony or other crime committed in any other state or territory of the United States, for which such person ought, by the Constitution and laws of the United States, to be delivered up to the executive power of such state or territory.

A BILL

For an act to amend section 2 of an act entitled, “An act to revise the law in relation to habeas corpus," approved March 2, 1874, in force July 1, 1874.

Section 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: Section 2 of an act entitled, "An act to revise the law in relation to habeas corpus," approved March 2, 1874, in force July 1, 1874, hereby is amended to read as follows: Application for the writ shall be made to the court or judge authorized to issue the same, by petition signed by the person for whose relief it is intended, or by some person in his behalf, and verified by affidavit. WHERE RELIEF IS SOUGHT FROM A CONVICTION OR OTHER PROCEEDING OR PROCESS IN A CRIMINAL CASE, THE APPLICATION SHALL BE MADE TO THE SUPREME COURT, OR TO A COURT OR JUDGE THEREOF AUTHORIZED TO ISSUE THE SAME IN THE CIRCUIT WHERE THE CONVICTION WAS HAD OR THE PROCEEDINGS COMMENCED. IN ANY CASE WHEN AN APPLICATION FOR A WRIT HAS BEEN MADE TO ANY JUDGE OR ANY COURT AS AFORESAID AND A HEARING THEREON ENTERED UPON, THE RELATOR FOR ANY CAUSE EXISTING AT THE TIME OF THE FIRST APPLICATION, SHALL BE PRECLUDED FROM MAKING ANOTHER APPLICATION TO ANY OTHER JUDGE OR COURT, EXCEPTING THE SUPREME COURT, UNLESS LEAVE THEREFOR IS GIVEN ON THE FIRST APPLICATION.

REPORT OF COMMITTEE ON LAW REFORM.

A BILL

For an act to amend an act entitled, "An act to revise the law in relation to habeas corpus," approved March 2, 1874, in force July 1, 1874.

Section 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: An act entitled, "An act to revise the law in relation to habeas corpus," approved March 2, 1874, in force July 1, 1874, hereby is amended by adding thereto the following:

Section 37. An appeal may be taken by any party interested, or by the people, from any final order not made by the Supreme Court upon a petition for habeas corpus, where relief is sought from a conviction or other proceeding or process in a criminal case. Such appeal shall be without bond and shall not stay any proceedings. In cases where the commission of a felony is charged the appeal shall be to the Supreme Court; in all other cases to the Appellate Court. In cases appealed to the Appellate Court in which there shall be a difference of opinion among the judges thereof, or in which one of the judges shall certify that the case in his opinion should be passed upon by the Supreme Court, an appeal shall lie without bond from the order of the Appellate Court to the Supreme Court. Such an appeal shall stay the order of the Appellate Court. Upon the filing of a transcript of the record in the Supreme or Appellate Court the appeal shall be at once docketed and shall be ready for hearing on such record under the rules of the court, taking precedence of other

causes.

When an appeal is taken to the Appellate Court, no subsequent original application shall be made to the Supreme Court.

If the petition for habeas corpus has not been filed with the clerk of the court when application is made to any judge, he shall cause the same to be filed with the clerk of the court

JESSE HOLDOM.

case.

where the hearing is had. The petition shall be docketed as other cases, and all pleadings shall be filed and together with all orders entered shall be a part of the record of the A certificate signed by the judge who heard the application, of the evidence and proceedings not otherwise of record as in cases of certificates of evidence in chancery cases, filed in the case, shall become a part of the record of the case. The original certificate of the judge may be incorporated in the transcript by agreement as in other cases.

PROPOSED AMENDMENTS TO THE HABEAS CORPUS ACT AS ADOPTED BY THE ASSOCIATION.

Mr. S. S. Gregory moved certain amendments to the Report of the Committee so far as the same relates to the Habeas Corpus Act, which motion prevailed. (See Part I of this volume).

The proposed enactments as approved by unanimous vote of the Association, are as follows:

A BILL

For an act to amend section 21 of an act entitled, "An act to revise the law in relation to habeas corpus," approved March 2, 1874, in force July 1, 1874.

Section 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: Section 21 of an act entitled, "An act to revise the law in relation to habeas corpus," approved March 2, 1874, in force July 1, 1874, hereby is amended to read as follows:

Section 21. No person shall be discharged under the provisions of this act, if he is in custody, either

1. By virtue of process issued by any court, Judge or other Judicial officer of the United States.

2. By virtue of a final judgment or decree of any competent court of civil or criminal jurisdiction or of any execution issued upon such judgment or decree unless the time during which such party may be legally detained has expired

REPORT OF COMMITTEE ON LAW REFORM.

or unless it affirmatively appear all parts of the record being considered together that the judgment, decree or sentence or process issued thereon as the case may be is void.

3.

For any treason, felony or other crime committed in any other state or territory of the United States, for which such person ought, by the Constitution and laws of the United States, to be delivered up to the executive power of such state or territory.

A BILL

For an act to amend section 2 of an act entitled, "An act to revise the law in relation to habeas corpus," approved March 2, 1874, in force July 1, 1874.

Section 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: Section 2 of an act entitled "An act to revise the law in relation to Habeas Corpus" approved March 2, 1874, in force July 1, 1874, is hereby amended to read as follows:

Application for the writ shall be made to a court or Judge authorized to issue the same by petition signed by the person for whose relief it is intended or by some person in his behalf and verified by affidavit. Where relief is sought from a conviction or other proceeding or process in a criminal case the application shall be made to the Supreme Court or to a court or Judge thereof authorized to issue the same in the Circuit where the conviction was had or the proceedings commenced.

In any case when such an application for a writ has been made to any judge or any court as aforesaid and a hearing had thereon and a judgment pronounced the relator or petitioner for any cause existing at the time of the first application shall be precluded from making another application to any other Judge or court excepting the Supreme Court unless leave therefore is given on the first application.

JESSE HOLDOM.

A BILL

For an act to amend an act entitled, "An act to revise the law in relation to habeas corpus," approved March 2, 1874, in force July 1, 1874.

Section 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: An act entitled, "An act to revise the law in relation to habeas corpus," approved March 2, 1874, in force July 1, 1874, hereby is amended by adding thereto the following:

Section 37. An appeal may be taken by any party interested or by the people from any final order not made by the Supreme Court upon a petition for habeas corpus where relief is sought from a conviction or other proceeding or process in a criminal case. Such appeal if the judgment appealed from is one discharging the relator shall be without bond and shall not stay proceedings. If, however, the judg ment on habeas corpus remands the relator or petitioner to custody then the court pronouncing it shall have full authority to direct the custody and control of the relator or petitioner pending appeal and may in its discretion recognize him or admit him to bail pending a decision on such appeal and make such order or direction as to his appearance to answer final judgment as may seem to be necessary.

In cases where the commission of a felony is charged the appeal shall be to the Supreme Court; in all other cases to the Appellate Court. In cases appealed to the Appellate Court in which there shall be a difference of opinion among the judges thereof, or in which one of the judges shall certify that the case in his opinion should be passed upon by the Supreme Court, an appeal shall lie without bond from the order of the Appellate Court to the Supreme Court. Such an appeal shall stay the order of the Appellate Court. Upon the filing of a transcript of the record in the Supreme or Appellate Court the appeal shall be at once docketed and