SEC. 52. The supreme court, in case of a partial reversal, shall give such judgment or decree as the inferior court ought to have given; or remand the cause to the inferior court for further proceedings, as the case may require.

SEC. 53. A writ of error shall not be brought after the expiration of five years from the passing of the judgment complained of; but when a person thinking himself aggrieved by any decree or judgment that may be reversed in the supreme court, shall be an infant, feme covert, non compos mentis, or imprisoned when the same was passed, the time of such disability shall be excluded from the computation of the said five years.

SEC. 54. No writ of error shall operate as a supersedeas, unless the supreme court, or some justice thereof in vacation, after inspecting a copy of the record, shall order the same to be made a supersedeas, nor until the party procuring such writ shall file a bond in the manner and with the condition required in cases of appeals; when the clerk issuing such writ shall indorse thereon that it shall be a supersedeas and operate accordingly: and the parties in writs of error shall be subject to the same judgment and mode of execution, as is provided in cases of appeals.

SEC. 55. Whenever the supreme court shall be equally divided in opinion on hearing an appeal or writ of error, the judgment of the court below shall stand affirmed.

SEC. 56. Any instrument of writing, to which the maker shall affix a scrawl by way of seal, shall be of the same effect and obligation, to all intents, as if the same were sealed.

Src. 57. In all cases of appeals to the supreme court, where the appellant shall fail to prosecute the appeal, the supreme court shall, upon dismissing the appeal, enter judgment against the appellant, for not less than five, nor more than ten per cent. upon the amount of the judgment, for damages, in consequence of the delay occasioned by such appeal.

SEC. 58. In cases of appeals to the circuit courts from judgments of justices of the peace, the appellee shall be entitled to judgment, not exceeding ten per cent. damages upon the amount of the judgment, if the appeal is dismissed for want of prosecution, or if the court shall be satisfied that the appeal was prosecuted for purposes of delay.

SEC. 59. In actions upon bonds, notes and all other writings made assignable by law, in the name of the assignee, the plaintiff shall not be held bound to prove the assignments or the signature of any assignor unless the fact of assignment be put in issue by plea, verified by the affidavit of the defendant or some credible person, stating that he verily believes the facts stated in the plea are true.

[AMENDED:-See Appendix, Acts Nos. 6 and 20.]

APPROVED: March 3, 1845.

CHAPTER LXXXIV.

PRINTING AND BINDING.

SECTION

1. Public printer to give bond; its requirements.
2. Public work to be given to public printer.
3. Journals of General Assembly, how kept; prin-
ter to be furnished with copies of, every
morning; originals, how disposed of.

4. Secretary of State to give printer copies of laws
and resolutions in ten days after adjournment.
5. Secretary to superintend publication.

6. Laws, how arranged in volume; index, &c. 7. Marginal notes, &c.

8. Forty days allowed printer to complete printing.

9. Two thousand copies of laws, one thousand each of Senate and House journals and reports to be published.

10. Prices for printing.

11. Who shall examine printer's accounts.

12. Printer's accounts, when settled; paper account to be settled.

SECTION 1. The public printer shall give bond to the Governor, with good security, previous to entering upon the discharge of the duties of his office, in the penalty of ten thousand dollars, conditioned that he will faithfully perform and execute all the public printing required to be done in pursuance of law, by the direction of either branch of the General Assembly, or any officer of the State, and that he will do and perform all other acts and things required, or which may hereafter be required of him according to law, which said bond shall be approved by the Governor and filed in the office of the secretary of State.

SEC. 2. All laws, journals, bills, messages, blanks, certificates, circulars or advertisements of any description, which shall be ordered to be printed by the legislature of the State of Illinois, or by either branch thereof, or by the Governor, or by either of the heads of departments, in pursuance of law and the discharge of their official duties, shall be given to the public printer or printers, who may, from time to time be elected under the constitution of this State, unless othwise provided by law.

SEC. 3. The journal of each house of the General Assembly, shall hereafter be kept in well bound books. The secretary of the senate, and clerk of the house of representatives, shall furnish to the public printer, every morning during each session of the General Assembly, a copy of the journal kept by them respectively, of the day preceding the last day's journal; and the said secretary and clerk shall, within ten days after the adjournment of each session of the General Assembly, deposit the original journals kept by them as aforesaid, with the secretary of State. SEC. 4. The secretary of State is authorized and required to cause to be made out true and accurate copies of all laws, acts and resolutions of the General Assembly, which may be required to be printed; and such copies so made out, he shall deliver to the person or persons authorized to print the same, within ten days after the adjournment of each session of the General Assembly.

SEC. 5. And the secretary of State shall likewise superintend the printing of such laws, acts and resolutions, carefully comparing the printed copies with the original laws and rolls deposited in his office, correcting all errors that may appear in such printed copies; and shall make and cause to be printed at the end of such printed copy, his certificate that the acts and resolutions so printed are exact copies of the rolls in his office.

SEC. 6. Such laws shall be arranged in alphabetical order, according to their subject matter; and prefixed to each volume, there shall be a table of contents, and at the end thereof, a full and complete index.

SEC. 7. Each edition of the laws, required to be published, shall be comprised in one octavo volume, with marginal notes, and the day on which each act takes effect shall be stated in the margin opposite the table, and the day on which the same was approved by the council of revision, or when it became a law, in any of the modes prescribed in the constitution, shall be stated at the end of the act, omitting the name and style of the Governor, and of the speakers of the two houses of the General Assembly.

SEC. 8. The public printer or printers shall be allowed forty days from the adjournment of the legislature to complete the printing of the laws, journals and reports of each session of the legislature.

SEC. 9. There shall be published at the close of each session of the legislature, two thousand copies of the laws, passed at such session; one thousand copies of the journals of the senate; one thousand copies of the journals of the house of representatives; and one thousand copies of the reports of the two houses.

SEC. 10. The prices for public printing shall be as follows, to-wit: For plain work, fifty-six and one-fourth cents per thousand ems; for figure work, eighty-four cents per thousand ems; and for rule and figure work, one dollar and twelve and a half cents per thousand ems, for composition; and fifty-six and one-fourth cents per token for press work; for blanks, certificates and circulars for the use of the legislature, and the several departments of the State government, one dollar for the first quire, and for each additional quire of the same kind ordered at the same time, seventy-five cents; excepting when said blanks contain so much rule and figure work as would demand an additional charge from journeymen for composition; in which case the public printer may make an advance of fifty per cent. on the charge of his journeymen as aforesaid: the paper for such blanks, certificates and circulars to be furnished by the public printer at his own proper cost and charge: and if said blanks, certificates or circulars, be badly or inaccurately printed, or be printed on paper of an inferior quality, the officer ordering the same may refuse to receive the same: for advertising, the public printer or printers shall receive for every one hundred words, fifty cents for the first insertion, and twenty-five cents for every subsequent insertion that may be ordered by the officer of government that directs the same to be published; and all other editors of papers who may publish such advertisement by direction of the proper officer, shall receive for their services the same as the public printer or printers for the same services.

SEC. 11. It shall be the duty of the auditor, treasurer and secretary of State to examine all accounts rendered by the public printer or printers, for work performed or materials furnished for the State, which officers shall call to their aid practical printers whenever they shall not be satisfied that the charges have been correctly made.

SEC. 12. Immediately after the printing of any session of the General Assembly shall have been completed, it shall be the duty of the auditor, treasurer and secretary of State, to settle the accounts of the public printer according to the preceding section, and to ascertain the quantity of paper which has been properly used by the public printer in the printing for said session, according to the provisions of the preceding section.

SEC. 13. Thereupon the secretary of State shall cause an advertisement to be published three times in the newspaper published by the public printer, and in some newspaper published at each of the following places, to-wit: St. Louis, Louisville, Pittsburgh, Philadelphia, New York and Boston; the third insertion of such advertisement to be at least one month previous to the time appointed for receiving proposals; said advertisement shall specify the quantity, size and quality of paper which will be required for the public printing, the time and place of delivering the same, and the time when, and the place where, sealed proposals will be received for furnishing the same. The quantity of paper to be furnished, shall be ascertained by adding one-fourth to the quantity used for the printing of the preceding session of the legislature, and deducting from the whole amount the quantity of surplus paper remaining in the hands of the public printer for the time being.

SEC. 14. At the close of the period for said advertisement, the secretary of State shall, in the presence of the auditor and treasurer, open all the proposals he may have received, and thereupon shall accept the proposal of the lowest responsible bidder, and immediately notify such bidder of such acceptance.

SEC. 15. The secretary of State shall file such proposal in his office.

SEC. 16. The person receiving the contract for furnishing the paper for the use of the State, shall, at the time of the execution of such contract, give bond to the Governor, in the penalty of ten thousand dollars, conditioned that he will faithfully furnish and deliver the said paper in kind, quality and quantity, at the times, places, and upon the terms mentioned in said contract; and that he will, in all respects, comply faithfully with the provisions of such contract, and of the law by virtue of which such contract shall have been made, which said bond shall be approved by the secretary of State, auditor and treasurer, and filed in the office of the secretary of State.

SEC. 17. Upon the delivering of the paper in pursuance of, and according to such contract, the auditor with the concurrence of the secretary of State and treasurer, shall draw his warrant in favor of such contractor for such sum of money as he shall be entitled to therefor.

SEC. 18. The public printer shall, within the first week of each session, report to the legislature the amount of work done by him, the nature of said work, the amount of money received therefor; and the amount and quality of paper used by him as public printer since the commencement of the preceding session of the General Assembly.

SEC. 19. In printing messages, reports and other documents ordered by either branch of the General Assembly, or in pursuance of any law or resolution of the legislature, the State printer may place a title at the top of the first page of every . such document, but shall dispense with a title page, and with all unnecessary blank pages: Provided, That a title page shall be prefixed to the volume of reports, and to the journals of the General Assembly.

SEC. 20. It shall be the duty of the secretary of State, after having given six weeks' notice, to be published in one of the newspapers printed at the city of

Springfield, and one at the city of Chicago, of the time of letting the folding, stitching and binding, to contract with some responsible book binder or binders, who reside in this State, before the commencement of each regular or special session of the General Assembly of this State, to do the folding, stitching and binding of the approaching session, consisting of reports, journals and laws, in the following manner and at no greater prices than those annexed, to-wit: For folding, stitching and covering with blue paper, and cutting the edges of the journals, three and one-half cents for each one hundred pages in the volume; for folding and stitching reports, two cents for each one hundred pages in the volume; for binding laws and journals and reports for secretary's office, with leather backs and paper sides, when the number of pages do not exceed one hundred and fifty, twelve and one-half cents for each one hundred pages; when the volume of laws contains over one hundred and fifty pages, the price shall be ten cents for each one hundred pages of the volume. SEC. 21. The secretary of State is hereby required and authorized to contract for the binding in the preceding section specified, at less prices therein named, if in his power so to do.

SEC. 22. It shall be the duty of the public binder or binders, to give bond with sufficient security, to be approved by the Governor, in the penal sum of ten thousand dollars for the faithful performance of his or their contract, agreeable to law.

SEC. 23. It shall be the duty of the public printer or printers to deliver to the public binder or binders, each form of the laws and journals, dry and in good order as fast as they are printed: and after the last form of the laws is so printed and delivered, the said binder or binders shall bind and deliver to the secretary of State one thousand copies of the laws, in fifteen days, and at the rate of one thousand copies every twelve days afterwards, (Sundays excepted.) Also, after the last form of the journals are delivered to said binder or binders, they shall do them up as above specified, and deliver at the rate of one thousand copies every ten days, (Sundays excepted.)

Src. 24. On the fulfilment of any contract for binding, folding, stitching or distributing the laws of this State, the secretary of State shall certify the fact to the auditor of public accounts, who shall issue his warrant on the treasurer for the sum due such person for such binding, folding, stitching or distributing.

SEC. 25. If the public printer shall fail to print the laws and journals within the time limited by law, or if the binder shall fail to have the laws and journals bound within the time limited, it shall be the duty of the secretary of State, to state in the certificate which he is required to give to such printer, the time at which such laws and journals shall have been printed, and the time at which the binding should have been completed, and the time at which the said printing was completed; and the auditor shall thereupon deduct from the price of such printing, if the failure be in the printing, or if the failure be in the binding, deduct from the price of such binding, six per cent. per week, on the price of the printing or binding, as the case may be, and issue his warrant on the treasury for the sum due such printer or binder, after making the deductions aforesaid.

APPROVED: March 3, 1845.