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SCHEDI LE OF PROPOSED LAWS.
SCHEDULE OF PROPOSED LAWS.
I. An Act to Provide for and Regulate Appeals from Interlocutory Orders in Cases of Injunctions, Receiverships, and Applications for Injunctions or Receivers.
Section 1. Be it enacted by the People of the State of Illinois, reu)resented in the General Assembly, that whenever an interlocutory order is entered in any suit pending in any court of this State, granting an injunction, overruling a motion to dissolve the same, or enlarging or diminishing the scope of an injunctional order, appointing a receiver, or giving further powers to or lessening the powers of or removing a receiver already appointed, or in case the court refuses to appoint a receiver, or grant an injunction when applied for, an appeal may be taken from such order, as the case may be, to the Appellate Court of the district wherein is situated the court entering such interlocutory order or orders.
Provided, however, that such appeal be perfected within twenty days from the entry of such order, and be docketed in said Appellate Court within forty days from the entry of such order.
Sec. 2. The force and effect of such interlocutory order in the court below shall not be impaired by such appeal, but the appella:t shall give bond with surety, to be approved by the court, or by the clerk of the court, to secure the costs in the Appellate Court, in such reasonable sums as the court shall fix.
Provided, however, that if the aggrieved party shall, upon such prayer of appeal, offer to execute and file, for the benefit of the opposite party, an appeal bond with surety, to cover the amount involved in such litigation, and the costs of said appeal, then the court, when such appeal is perfected, may in its discretion enter an order vacating the injunction, or the order appointing a receiver, as the case may be.
In case the amount of the litigation involved cannot be ascertained by the trial or Appellate Court, from an inspection of the papers in the case, the court may hear evidence as to such amount involved in the litigation and fix the amount of the bond accordingly.
Sec. 3. Upon the filing of the record in the Appellate Court, it shall at once be docketed by the clerk of said court, and be ready for hearing under its rules, taking precedence of other causes therein, and upon such appeal, the Appellate Court may affirm, modify or reverse such order, as the case may be, and shall direct such proceedings to be had in the court below as the justice of the case may require.
Provided, however, if such appeal is dismissed for want of prosecution, or if such appeal be adjudged vexatious or taken for delay by said court, the Appellate Court may allow to the appellee a reasonable solicitor's fee, not to exceed $100, to be taxed as part of the costs of the appeal.
Sec. 4. An appeal shall lie to the Supreme Court from any order of the Appellate Court, either affirming, reversing and remanding, or reversing the order of the court below, if an injunction is the only relief prayed for in such cause, but only in such cases where the amount is $1,000, or over, exclusive of costs; and in cases of receiverships, or upon applications refusing to appoint a receiver, where the amount in controversy is $1,000 or over exclusive of costs.
Provided, however, that if the case involves questions of law of such importance, either on account of principal or collateral interests, that it should be passed upon by the Supreme Court, such Appellate Court may grant an appeal to the Supreme Court on petition of the aggrieved party or parties, in which case said Appellate Court shall certify to the Supreme Court the grounds for granting such appeal, and the provisions for giving bond and perfecting the appeal shall be the same as upon appeal from the court below to the Appellate Court.
Sec. 5. Whenever the appeal from such interlocutory order in • cases mentioned hereinabove shall involve a franchise, freehold or the validity of a statute, such an appeal shall be taken direct to the Supreme Court; or, if the Appellate Court, upon examination of such appeal, shall determine that such a question of a franchise, freehold, or the validity of a statute, is involved in such appeal, said Appellate Court shall at once certify such appeal to the Supreme Court for its . determination; or, if the opinion of the Appellate Court upon any appeal is not unanimous, then such Court may, in its discretion, without decision, certify such appeal to the Supreme Court for its determination, and said Supreme Court shall dispose of such appeal as herein provided in other cases.
Sec. 6. In all cases, where such appeal shall be perfected, either in the court below or in the Appellate Court, from any order affecting two or more persons, either one of said personis may, by appeal, remove
SCHEDULE OF PROPOSED LAWS.
such suit to the Appellate Court, and from such appeal in the Appellate Court to the Supreme Court, and for that purpose may use the names of all the aggrieved parties necessary to such appeal, but no costs shall be taxed against any person who shall not join in such appeal. All such cases shall be determined in the Appellate or Supreme Court as are other suits, and in the same manner as if all the necessary parties had joined in such appeal.
Sec. 7. If such appeal is dismissed by the Supreme Court for want of prosecution, or if such appeal is adjudged vexatious or as having been taken for delay by said court, it may allow to the appellee a reasonable solicitor's fee, not to exceed $150, to be taxed as part of the costs of such appeal, and all the costs of such appeal shall be taxed against the appellant, as in other cases.
Sec. 8. No appeal to the Appellate or Supreme Court shall be dismissed by reason of any informality or insufficiency of any appeal bond, if the appellant shall, within a reasonable time, to be fixed by the court, file a good and sufficient bond in such case, to be approved by the Appellate or Supreme Court, as the case may be.
Sec. 9. The obligee in such bond given in an appeal to the Appellate or Supreme Court, as the case may be, may, on breach of the conditions thereof, have and maintain an action at law, as on other bonds, and if such bond remains unpaid for a period of twenty days after written notice to the obligors or one of them, to pay the same, the obligees may recover a reasonable attorney's fee, not to exceed $50, to be taxed as part of the costs of such' suit. *
Sec. 10. An Act to Provide for Appeals from Interlocutory Orders Granting Injunctions or Appointing Receivers, approved June 14, 1887, in force July 1, 1887, is hereby repealed, but all appeals pending on the first day of July, 1899, shall be governed by this Act, as far as the same is possible.
An Act to Amend Section 13 of “An Act Concerning Corporations," approved April 18, 1872, and to provide for the protection of stock: holders, and more speedy and efficient procedure for the examination of corporate books.
Be it enacted by the People of the State of Illinois, represented in the General Assembly, that Section 13 of “An Act Concerning Corporations," approved April 18, 1872, be amended to read as follows:
Section 13. It shall be the duty of the directors or trustees of every stock corporation to cause to be kept at its principal office or place of business in this State, correct books of account of all its business, and every stockholder in such corporation shall have the right, at all
reasonable times, by himself or by his agent or attorney, to examine the books of account, stock books, or any other records or minutes of such corporation, including all the minutes and records of its Board of Directors.
If any such stockholder shall, in any Circuit Court (or, in the County of Cook, any Circuit or Superior Court) wherein the principal office or place of business of said corporation is kept, file with the clerk of said Circuit Court, an affidavit reciting his demand to have the books of the corporation to be examined, and the refusal of the corporation and its officers to permit such an examination by said stockholder, and such further facts which make it proper that such examination be held, such affidavit shall become the basis of a proceeding to be docketed by the clerk of said court, in such proceeding wherein such stockholder is plaintiff and said corporation is respondent. Thereupon, if the court shall be satisfied of the truth of such affidavit, and of the necessity for the issuance of a summons, the court shall direct a forthwith summons to be issued against such corporation, and the officer or officers named therein, which summons shall bear the teste of the clerk, and the seal of the court, and which summons shall recite the application of such stockholders to have the books of such corporation examined.
Such summons shall be returnable not less than ten days from its issue, or at such earlier time as the court, in its discretion, may require, and it may be served by any person not interested in such examination, in the same manner as is provided for in Section 4 of "An Act in Re. gard to Practice in Courts of Record,” approved February 22, 1872.
Such proceedings shall thereafter, as far as practicable, be conformed to the practice in cases as provided in "An Act to Revise the Law in Relation to Mandamus," approved February 25, 1874; provided, however, that no appeal or writ of error shall be taken or prosecuted from the final order of any court, in such proceeding; but it shall be competent for the Appellate Court of the District wherein such court is sitting, to require, by certiorari, any such final judgment to be certified to the Appellate Court for review, and determination, with the same power and authority as if it had been taken there by appeal or writ of error; but no such writ of certiorari shall issue if not appli-d for by the aggrieved party within three months from the entry of such final order in any Circuit or Superior Court.
Such Appellate Court shall certify its final determination to the Circuit or Superior Court, as the case may be, and may in its discretion, at any time, stay the effect of any such order of the Circuit or Superior Court. Any Circuit, Superior or Appellate Court acting in the premises may cause the costs in any such proceeding to be taxed
SCHEDULE OF PROPOSED LAWS.
against the unsuccessful party or parties, including a reasonable at: torney's fee, not to exceed $100, to be taxed as a part of the costs of such suit, if, in the judgment of the court, the application of petitioner, or the refusal of such corporation to have its books examined, be found to be vexatious.
Any aggrieved stockholder who shall suffer by the willful refusal of any officer of a stock corporation to have its books, records and minutes examined, may bring an action therefor against such officer and such officer shall be liable to such aggrieved stockholder, inan action on the case for such damages as he may suffer by such willful refusal; such action to be brought within one year after such willful refusal, and the employment of an attorney for the purpose of enforcing the rights of such stockholder in the premises shall be considered as a part of his damages.
An Act to amend "An Act in Regard to Practice in Courts of Record," approved February 22, 1872.
Be it enacted by the People of the State of Illinois, represented in the General Assembly, that Section 85 of "An Act in Regard to Practice in Courts of Record," approved February 22, 1872, be amended to read as follows:
Section 85. A writ of error shall not be brought after the expiration of two years from the rendition of the decree or judgment complained of, rendered by any court of record, other than the Appellate Court; but when a person, deeming himself aggrieved by such decree or judgment, shall be an infant, non compos mentis, or under duress, when the same was entered, the time of such disability shall be excluded from the computation of said two years; provided, however, if any person deems himself aggrieved by the final action of such Appellate Court, then a writ of error sued out from the Supreme Court for the purpose of reviewing the judgment, order or decree of the Appellate Court, shall be sued out within one year after the final disposition of any writ of error, or appeal, as the case may be, but not thereafter; but when a person deeming himself aggrieved by the decree or judgment of such Appellate Court, shall be an infant, non compos mentis, or under duress, when the same was entered, the time of such disability shall be excluded from the computation of one said year. Provided, however, that a writ of error in criminal cases may be sued out within five years after final judgment in the trial court, and not thereafter, and in all cases where any criminal judgment may be finally reviewed in any of the Appellate Courts, the writ of error sued