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Full text of "The revised code of laws of Illinois : enacted by the fifth General Assembly, at their session held at Vandalia, commencing on the fourth day of December, 1826, and ending the nineteenth of February, 1827 : published in pursuance of law."

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THE 



REVISED CODE OF LAWS, 



OF 




ENACTED BY THE FIFTH GENERAL ASSEMBLY, 

AT THEIR SESSION HELD AT VANDALIA, COMMENCING ON THE 
- FOURTH DAY OF DECEMBER, 1826, AND ENDING 
THE NINETEENTH OF FEBRUARY, 

1827. 



PUBLISHED IjY PURSUANCE OF LA W> 



VANDALIA: 

Printed by Rob^pfclackwcll, Printer to the State. 






1 



* 







I 



CONTENTS. 

PAGE. 

ABATEMENT, - . - - 45 

ACCOUNT, Actionof, ... 47 

ADVERTISEMENTS, - ..... 48 

ALIENS, ------- 49 

AMENDMENTS AND JEOFAILS, - - - 50 

APPRENTICES, - - - - - - 59 

APPROPRIATIONS, - - - - 60 

AUDITOR'S WARRANTS, .... 81 

ARBITRATIONS, -64 

ARTICLES OF CONFEDERATION, - - 5 

ATTACHMENTS, 66 

ATTORNEYS, 80 

B. 



\BAIL, special, ,„-«-_ 82 

BILLS OF EXCHANGE, 87 

HL ° 

CHANCERY, 88 

CONSTITUTION OF THE UNITED STATES, - 13 

" ILLINOIS, 27 

CONVEYANCES, - - - - 95 

COSTS, WL - - . - - - 102 

COUNTIES, I - - 107-18 

COURTS, I- - - - - >, .- - 118-23 

CRIMINAL CODE, 124 

DEPOSITIONS, -4, - ■*. 174 

DETINUE, action 0/, \ - - - - - 179 

DIVORCES, - - ^\ - - - - - - 180 

DOWER, - - - N* 186 

■ E. 

ELECTIONS, 187 

ELECTORS, of President and Vice President. - - 108 

ESTRAYS, - - - . . . 189 

EVIDENCE, 199 

EXECUTORS AND ADMINISTRATORS, 200 

FERRIES, TOLL BRIDGES, &c. ... . 230 

F. 

FEES, - » 



it CONTENTS. 

FORCIBLE ENTRY AND DETAINER, -. ^28 

FRAUDS AND PERJURIES, .... - 230 

FUGITIVES, from Justice, - - 232 

GAMING, - - . . G ' 235 

TT 

HABEAS CORPUS, - 2 36 

I. 

INJUNCTIONS, ------_. 306 

ILLEGITIMATE CHILDREN, ..... 24* 

J. 

JAILS AND JAILERS, - - - - . . - 246 

JURORS, 251 

JUSTICES of the Peace and Constables, - - - 255 

L. 

LANDLORDS AND TENANTS, - 278 

LAWS, - - 280 

LLMITATIONS, - 28* 

M. 

MANDAMUS, 287 

MARRIAGES, * - 288 

MILITIA, 290 

MILLS AND MILLERS, ' ' - 297 

MINORS AND ORPHANS, 301 

NE EXEAT AND INJUNCTIONS, - - - 304 

0. J 

OATHS AND AFFIRMATIONS, , - 308 

K 

POOR, i: v 309 

PRACTICE, - -310 

PROMISSORY NOTES, - - - - 3 

PUBLIC PROPERTY, - - - ^-~ I . 324 

QUO WARRANTO, - - -/ - 347 

R. Jf 

REVENUE - - - _A - - - 325 

ROADS, 340 

REPLEVIN, action of ..... . . 349 

RIGHT OF PROPERTY, - - - - 351 

S. 

SALINE RESERVES, ------- 353 

OF GALLATIN COUNTY, .... 3 G0 

SCHOOLS AND SCHOOL LANDS, - - 364 

SHERIFFS AND CORONERS, * - - " - 370 

STATE BANK, 376-7 

STATE RECORDER, - - - - , 378 

\ AND ALIA LOTS, ----- 380 

UE, ........ 381 



1 



DECLARATION OF i^DEPENDENCE, 

IN CONGRESS, JTJ&Y STH, 1776. 

THE UNANIMOUS DECLARATION OP THE THIRTEEN UNITED STATES OF 

AMERICA. 



When, in the course of human events, it becomes necessary for 
one people to dissolve the political hands which have connected them 
with another, and to assume among the powers of the earth, the sepa- 
rate and equal station to which the laws of nature and of nature's 
God entitle them, a decent respect to the opinions of mankind re- 
quires, that they should declare the causes which impel them to the 
separation. 

We hold these truths to be self-evident— that all men are created 
equal; tint they are endowed by their Creator with certain unalien- 
able rights; that among these are life, liberty, and the pursuit of hap- 
piness. That, to secure these rights, governments are instituted 
among men, deriving their just powers from the consent of the govern- 
ed; that whenever any form of government becomes destructive of 
these ends, it is the right of the people to alter or to abolish it, and to 
institute new government, laying its foundation on such principles, and 
organizing its powers in such form, as to them shall seem most likely 
to effect their safety and happiness. Prudence, indeed, will dictate, 
that governments long established should not be changed for light and 
transient causes; and accordingly all expeiience hath shown, that 
mankind are more disposed to suffer, while evils are sufFerable, than 
to right themselves by abolishing the forms to which they are accus- 
tomed. But when a long train of abuses and usurpations, pursuing 
invariably the same object, evinces a design to reduce them under ab- 
solute despotism, it is their right, it is their duty to throw off such 
government, and to provide new guards for their future security. 
Such lias been the patient sufferance of these colonies; and such is 
now the necessity which constrains them to alter their former systems 
of government. The history of the present king of Great Britain is a 
history of repeated injuries and usurpations, all having in direct ob- 
ject the establishment of an absolute tyranny over these states. To 
prove this, let facts be submitted to a candid world. 

He has refused his assent to laws the most wholesome and necessa- 
ry for the public good. 

He has forbidden his governors to pass laws of immediate and press- 
ing importance, unless suspended in their operation, till his assent 
1 



2 DECLARATION OF INDEPENDENCE. 

*~ 

should be obtained, and, when so suspended, he has utterly neglect- 
ed to attend to them. 

He has refused to pass other laws for the accommodation of large 
districts of people, unless those people would relinquish the right of 
representation in the legislature — a right inestimable to them, and 
formidable to tyrants only. 

He has called together legislative bodies, at places unusual, un- 
comfortable, and distant from the repository of their public records, for 
the sole purpose of fatiguing them into compliance with his measures. 

He has dissolved representative houses repeatedly, for opposing? 
with manly firmness, his invasions on the rights of the people. 

He has refused for a long time after such dissolutions, to cause 
others to be elected; whereby the legislative powers, incapable of 
annihilation, have returned to the people at large, for their exercise j 
the state remaining, in the meantime, exposed to all the dangers of in- 
vasion from without, and convulsions within. 

He has eadeavored to prevent the population of these states; for 
that purpose obstructing the laws for naturalization of foreigners; re- 
fusing to pass others, to encourage their migration hither, and raising 
the conditions of new appropriations of Jands. 

He has obstructed the administration of justice, by refusing his as- 
sent to laws for establishing judiciary powers. 

He has made judges dependant on his will alone, for the tenure of 
their offices, and the amount and payment of their salaries. 

He has erected a multitude of new offices, and sent hither swarms 
of officers to harass our people and eat out their substance. 

He has kept among us, in times of peace, standing armies, without 
the consent of our legislatures. 

He has affected to render the military independent of, and superior 
to, the civil power. 

He has combined with other?, to subject us to a jurisdiction, foreign 
to our constitution, and unacknowledged by our laws; giving his as- 
sent to their acts of pretended legislation: — 

For quartering large bodies of armed troops among us: 

For protecting them by a mock trial, from punishment for any mur 
ders which they should commit on the inhabitants of these states: 

For cutting off our trade with all parts of the world: 

For imposing taxes on us, without our consent: 

For depriving us, in many cases, of the benefits of trial by jury: 

For transporting us beyond seas, to be tried for pretended offences: 

For abolishing the free system of English laws in a neighboring 
province, establishing therein an arbitrary government, and enlarg- 
ing its boundaries so as to render it at once an example and tit instru- 
ment for introducing the same absolute rule into these colonies: 

For taking away our charters, abolishing our most valuable laws, 
and altering fundamentally the forms of our governments: 

For suspending our own legislatures, and declaring themselves in- 
vested with power, to legislate for us in all cases whatsoever. 



\ 



DECLARATION OF INDEPENDENCE. 3 

He has abdicated government here, by declaring us out of his pro- 
jection, and waging war against us. 

He has plundered our seas, ravaged our coasts, burnt our towns, 
and destroyed the lives of our people. 

He is, at this time, transporting large armies of foreign mercenaries 
to complete the works of death, desolation, and tyranny, already be- 
gun, with circumstances of cruelty and perfidy, scarcely paralleled in 
the most barbarous ages, and totally unworthy the head of a civilized 
nation. 

He has constrained our fellow-citizens, taken captive on the high 
seas, to bear arms against their country* to become the executioners 
of their friends and brethren, or to fall themselves by their hands. 

He has excited domestic insurrections amongst us, and has endea- 
vored to bring on the inhabitants of our frontiers, the merciless Indian 
savages, whose known rule of warfare is an undistinguished destruc- 
tion of all ages, sexes and conditions. 

In every stage of these oppressions we have petitioned for redress, 
in the most humble terms: our repeated petitions have been answered 
only by repeated injury. A prince, whose character is thus marked 
by every act which may define a tyrant, is unfit to be the ruler of a 
free people. 

Nor have we been wanting in attention to our British brethren. 
We have warned them, from time to time, of attempts, by their legis- 
lature, to extend an unwarrantable jurisdiction over us. We have re- 
minded them of the circumstances of our emigration and settlement 
here. We have appealed to their native justice and magnanimity; 
and we have conjured them, by the ties of our common kindred, to 
disavow these usurpations, which would inevitably interrupt our con- 
nexions and correspondence. They, too, have been deaf to the voice 
of justice, and of consanguinity. We must, therefore, acquiesce in 
the necessity, which denounces our separation, and hold them as we 
hold the rest of mankind, enemies in war, in peace friends. 

We, therefore, the representatives of the United Stales of America, 
in general congress assembled, appealing to the Supreme Judge of the 
world, fur the rectitude of our intentions, do, in the name and by the 
authority of the good people of these colonies, solemnly publish and 
declare, that these united colonies are, and of right ought to be, free 
and independent states; that they are absolved from all allegiance to 
the British crown, and that all political connexion between them and 
the state of Great Britain, is, and ought to be, totally dissolved ; and 
that as (vee and independent states, they have full power to levy war, 
conclude peace, contract alliances, establish commerce, and to do all 
other acts and things which independent states may of right do. And 
for the support of this declaration, with a firm reliance on the pro- 
tection of Divine Providence, we mutually pledge to each other, our 
lives, our fortunes, and our sacred honor. 



DECLARATION OF INDEPENDENCE. 



The foregoing declaration was, by order of Congress, engrossed, 
and signed by the following members: 

JOHN HANCOCK. 

James Smith, 
George Taylor, 
James Wilson, 
George Ross. 



NEW-HAMPSHIRE. 

Josiah Bartlett, 

William Whipple, 
Matthew Thornton. 

MASSACHUSETTS BAY. 

Samuel Adams, 
John Adams, 
Robert Treat Paine, 
Elbridge Gerry. 

RHODE-ISLAND, &C. 

Stephen Hopkins, 
William Eileiv. 

CONNECTICUT. 

Roger Sherman, 
Samuel Huntington, 
William Williams, 
Oliver Wolcott. 

NEW-YORK. 

William Floyd, 
Philip Livingston, 
Francis Lewis, 
Lewis Morris. 

NEW- JERSEY. 

Richard Stockton, 
John Witherspoon, 
Francis Hopkinson, 
John Hart, 
Abraham Clark. 

PENNSYLVANIA. 

Robert Morris, 
Benjamin Rush, 
Benjamin Franklin, 
Joiin Morto ;. 
George Clymer, 



DELAWARE. 

Cesar Rodney, 
George Rend, 
Thomas M'Kean. 

MARYLAND. 

Samuel Chase, 
William Paca, 
Thomas Stone, 
Charles Carroll, of Carrolltom 

VIRGINIA. 

George Wythe, 
Richard Henry Lee, 
Thomas Jefferson, 
Benjamin Harrison, 
Thomas Nelson, jr. 
Francis Light foot Lee, 
Carter Braxton. 

NORTH-CAROLINA. 

W r illiam Hooper, 
Joseph Hcwes, 
John Penrt. 

SOUTH-CAROLINA 

Edward Rutlcdge, 
Thomas Heyward,jr. 
Thomas Lynch, jr. 
Arthur Middleton. 

GEOBGIAi 

Button Gwinnett, 
Lyman Hall, 
George Walton. 



AND PSBPBTUAXi UNION, 

between the states of A'cw- Hampshire, Massachusetts-Bay, Rhode-Island 
and Prowl e i tec Plantations, Connecticut, j\hv-York, J\hv- Jersey, Penn- 
sylvania, Delaware, Maryland, Virginia, J\orth-Caro Una, South Caro- 
lina, and Georgia, 

ARTICLE I. 

The style of this confederacy shall be, "the uxited states of 

AMERICA." 

ARTICLE II. 

Each state retains its sovereignty, freedom and independence, and 
every power, jurisdiction and right which is not by this confedera- 
tion expressly delegated to the United States in Congress Assembled. 

ARTICLE III. 

The said states hereby severally enter into a firm league of friend- 
ship with each other for their common defence, the security of their 
liberties, and their mutual and general welfare; binding themselves 
to assist each other against all force offered to, or attacks made upon 
them, or any of them, on account of religion, sovereignty, trade or 
any other pretence whatever. 

ARTICLE IV. 

The better to secure and perpetuate mutual friendship and inter- 
course among the people of the different States in this Union, the 
free inhabitants of each of these States (paupers, vagabonds and fu- 
gitives from justice excepted) shall be entitled to all privileges 
and immunities of free citizens in the several states; and the people 
of each slate shall have free ingress and regress to and from any oili- 
er state, and shall enjoy therein all the privileges of trade and com- 
merce, subject to the same duties, impositions and restrictions,- as the 
inhabitants thereof respectively, provided that such restriction shall 
not extend so far as to prevent the removal of property imported into 
into any state to any other state,of which the owner is an inhabitant: 
Provided aho, That no imposition, duties or restriction, shall be laid 
by any State on the property of the United States, or either of them. 

If any person guilty of, or charged with treason, felony, or other 
high misdimeanor, in any State, shall flic from justice, and be found 
i'.i any of the United States, he shall, upon demand of the Governor, 
orexecutive power of the State from wnich he tied, be delivered up, 
and removed to the State, having jurisdiction of his offence. 



b ARTICLES OF CONFEDERATION. 

Full faith and credit shall be given in each of these States to the 
records, acts and judicial proceedings of the courts and magistrates 
of every other State. 

article v. 

For the more convenient management of the general interests of 
the United States, delegates shall he annually appointed, in such 
manner as the Legislature of each State shall direct, to meet in Con- 
gress on the first Monday in November, in every year, with a power re- 
served to each State, to recall its delegates, or any of them, at any 
time within the year, and to send others in their stead, for the re- 
mainder of the year. 

No State shall be represented in Congress by less than two, nor by 
more than seven members; and no person shall be capable of being a 
delegate for more than three years in any term of six years; nor shall 
any person, being a delegate, be capable of holding any office under 
the United States, for which he, or another for his benefit, receives 
any salary, fees, or emoluments of any kind. 

Each State shall maintain its own delegates in a meeting of the 
States, and while they act as members of the committee of the States. 

In determining questions in the United States in Congress assem- 
bled, each State shall have one vote. 

Freedom of speech, ard debate in Congress, shall not be impeached 
or questioned in any court or place out of Congress; and the mem- 
bers of Congress shall be protected in their persons from arrests 
and imprisonments, dining the time of their going to and from, and 
attendance on Congress, except for treason, felony, or breach of the 
peace. 

ARTICLE VI. 

No State, without the consent of the United States in Congress as- 
sembled, shall send any embassy to, or receive any embassy from, or 
enter into any conferrence, agreement, alliance or treaty with any 
King, Prince or State ; nor shall any person, holding any office of pro- 
fit or trust under the United States, or any of them, accept of any 
present, emolument, office, or title of any kind whatever, from any 
King, Prince or foreign State; nor shall the United States in Congress 
assembled, or any of them, grant any title of nobility. 

No two or more States shall enter into any treaty, confederation or 
alliance whatever between them, without the consent of the United 
States in Congress a-sembled, specifying accurately the purposes for 
which the same i> to be entered into, and !)<>\v long it shall continue. 

No State shall lay any imposts or duties, which may interfere with 
any stipulations in treaties entered into by the United Slates in Con- 
gress assembled, with any kin^r, prince orstate, in pursuance of ahy trea- 
ties already proposed bvCon^rcsr to the Courts of France and Spain* 

No vessels of war shall be kept up in tsmc: of peace by any State, 
pt such number only as shall be deemed necessary by the United 



4 



ARTICLES OF CONFEDERATION. 7 

States in Congress assembled, for the defence of such State, or its 
trade; nor shall any body of forces be kept up by any State in time 
of peace, except such number only as, in the judgment of the United 
States in Congress assembled, shall be deemed requisite to garrison 
the forts necessary for the defence of such State; but every State shall 
always keep up a well regulated and disciplined militia, sufficiently arm- 
ed and accoutred, and shall provide, and have constantly ready for 
use, in public stores, a due number of field pieces and tents, and a 
proper quantity of arms, ammunition and camp equipage. 

No State shall engage in any war without the consent of the United 
States in Congress assembled, unless such state be actually invaded by 
enemies, or shall have received certain advice of a resolution being 
formed by some nation of Indians to invade such State, and the dan- 
ger is so imminent as not to admit of a delay till the United States in 
Congress assembled can be consulted ; nor shall any state grant commis- 
sions to any ships or vessels of war, nor letters of marque or reprisal, 
except it be after a declaration of war by the United States hi Con- 
gress assembled; and then only against the Kingdom or State, and the 
subjects thereof, against which war has been so declared, and under 
such regulations as shall be established by the United States in Con- 
gress assembled; unless such State be infested by pirates; in which 
case, vessels of war may be fitted out for that occasion, and kept so 
long as the danger shall continue, or until the United States in Con- 
gress assembled, shall determine otherwise. 

ARTICLE VII, 

When land forces are raised by any State for the common defence, 
all officers of, or under the rank of Colonel, shall be appointed by the 
Legislature of each State respectively, by whom such forces shall be 
raised, or in such manner as such State shall direct ; and ail vacancies 
shall be tilled up by the State which first made the appointment. 

ARTICLE VIII. 

All charges oC war and all other expenses that shall be incurred 
for the common defence, or genera! welfare, and allowed by the United 
States in Congress assembled, shall be defrayed out of a common trea- 
sury, which shall be supplied by the several States, in proportion to 
the value of all land within each State granted to, or surveyed for, 
any person, as such land, and the buildings and improvements there- 
on, shall be estimated according to such mode as the United States in 
Congress assembled shall, from time to time direct and appoint. 

The taxes for paying that proportion shall be laid and levied by 
the authority and direction of the Legislatures of the seven;! States, 
within the time agreed upon by the United States in Congress assen> 
aled. 



ARTICLES OF CONFEDERATION. 



ARTICLE IX. 



The United States in Congress assembled, shall have the sole and 
exclusive right and power of determining on peace and war, ex- 
cept in the cases mentioned in the sixth article — of sending and re- 
ceiving ambassadors — entering into treaties and alliances: Provided, 
That no treaty of commerce shall be made, whereby the Legislative 
power of the respective States shall be restrained from imposing such 
imposts and duties on foreigners, as their own people are subjected to, 
or from prohibiting the exportation or importation of any species of 
goods or commodities whatsoever — of establishing rules fur deciding, 
in all cases, what captures on land or water shall be legal, and in 
what manner prizes taken by land or naval forces in the service 
of the United States shall be divided or appropriated— of granting 
letters of marque and reprisal in times of peace — appointing courts 
for the trial of piracies and felonies committed on the high seas, and 
establishing courts for receiving and determining finally appeals in all 
cases of captures: Provided, That no member of Congress shall be ap- 
pointed a judge of any of the said Courts. 

The United States in Congress assembled, shall also be the last re- 
sort on appeal in all disputes and differences now subsisting, or that 
"hereafter may arise between two or more Slates, concerning bounda- 
ry, jurisdiction, or any other cause whatever; which authority shall 
always be exercised in the manner following: — Whenever the legisla- 
tive or executive authority, or lawful agent of any state in controversy 
with another, shall present a petition to Congress, stating the matter 
in question, and praying for a hearing, notice thereof shall be given 
by order of Congres* to the legislative or executive authority of the 
other state in controversy, and a day assigned for the appearance of 
the parties by their lawful agents, who shall then be directed to ap- 
point, byjoint consent, commissioners or judges to constitute a court 
for hearing and determining the matter in question; but if they can- 
not agree, Congress shall name three persons out of each of the Uni- 
ted States, and from the list of such persons each party shall alternate- 
ly strikeout one, the petitioners beginnirg, until t\\c number shall be 
reduced to thirteen; and from that number not less than scvA nor 
more than nine names, as Congress shall direct, shall in sence 

of Congress be drawn out by lot; and the person^ tfhosc names shall 
be so drawn, or any five of them, shall be commit sioners or judges to 
hear, and finally determine the controversy, so always as a major part 
of the judges, who shall hear the cause, shall agree in the determina- 
tion; and if either party shall neglect to attend at the day appointed, 
without shewing reasons which Congress shall judge sufficient, or be- 
ing present shall refuse to strike, the Congress shall proceed to nomi- 
nate three persons out of each state, and the Secretary of Congress 
shall strike in behalf of such party absent or refusing; and the judg- 
ment and sentence of the court, to be appointed in the manner before 
prescribed, shall be final and conclusive ; and if an) of the parties 



ARTICLES OF CONFEDERATION. 9 

shall refnse to submit to the authority of such court, or to appear or 
,(1 their claim or cause, the court shall nevertheless proceed to 
pronounce sentence or judgment, which shall, in like manner be final 
and derisive, the judgment or sentence and otner proceedings, being 
in cither case transmitted to Congress, and lodged among the acts of 
Congress, for the security of the parties concerned: Provided, That 
v commissioner, before he sits in judgment, shall take an oath, to 
be administered by one of the judges of the supreme or superior 
court of the State where the cause shall be tried, "well and truly to 
hear and determine the matter in question, according to the best of 
his judgment, without favor, affection or hope of reward:" Provided 
also. Tnat no State shall be deprived of territory for the benefit of 
the United States. 

All controversies concerning the private right of soil, claimed un- 
der different grants of two or more states, whose jurisdiction, as they 
may respect such lands and the states which passed such grants, are 
adjusted, the said grants or either of them being at the same time 
claimed to have originated antecedent to such settlement of jurisdic- 
tion, shall, on the petition of either party to the Congress of the Uni- 
ted States, be finally determined, as near as may be, in the same man- 
ner as is before prescribed for deciding disputes respecting territorial 
jurisdiction between different states. 

The United States in Congress assembled shall also have the sole 
and exclusive right and power of regulating the alloy and value of 
coin struck by their own authority, or by that of the respective states; 
fixing the standard of weights and measures throughout the United 
States; regulating the trade and managing all affairs with the Indians, 
not members of any of the states: Provided, That the legislative right 
of any state within its own limits be not infringed or violated — estab- 
lishing and regulating post-offices from one state to another through- 
out all the United States, and exacting such postage on the papers 
passing through the same as may be requisite to defray the expenses 
of the said office — appointing all officers of the land forces in the ser- 
vice of the United States, excepting regimental officers — appointing 
all the officers of the naval forces, and commissioning all officers what- 
ever in the service of the United States — making rules for the govern- 
ment and regulation of the said land and naval forces, and directing 
their operations. 

The United States in Congress assembled, shall have authority to 
appoint a committee, to sit in the recess of Congress, to be denomina- 
ted "Jl committee of the states," and to consist of one delegate from 
each state; and to appoint such other committees arid civil officers, as 
may be necessary, for managing the general affairs of the United 
States under their direction — to appoint one of their number to pre- 
side, Provided, That no person be allowed to serve in the office of 
president, more than one year in any term of three years; to ascer- 
tain the necessary sums of money to be raised for the service of the 
United States, and to appropriate and apply the same for defraying 
2 



10 ARTICLES OF CONFEDERATION. 

the public expenses — to borrow money, or emit bills on the credit of 
the United States, transmitting every half year to the respective 
states, an account of the sums of money so borrowed or emitted — to 
build and equip a navy— to agree upon the number of land forces, 
and to make requisitions from each state for its quota, in proportion to 
the number of white inhabitants in such state; which requisitions 
shall be binding, and thereupon the legislature of each state shall ap- 
poi it the regimental officers, raise the men, and clothe, arm and 
equip them in a sol Jier-like manner, at the expense of the United 
States; and the officers and men, so clothed, armed and equiped, 
shall march to the place appointed, and within the time agreed on 
bv the United States in Congress assembled, but if the United States 
in Congress assembled, shall, on consideration of circumstances^ 
judge proper that any State should not raise men, or should raise a 
smaller number than its quota, and that any other state should raise 
a greater number of men than the quota thereof, such extra number 
shall be raised, officered, clothed, armed and equipped, in the same 
manner as the quota of such state, unless the legislature of such 
S'ate shall judge, that such extra number cannot be safely spared 
out of the same; in which case, they shall raise, officer, clothe, arm 
and equip, as many of such extra number, as they judge can be safely 
spared; and the officers and men, so clothed, armed and equipped, 
shall march to the place appointed, and within the time agreed on 
by the United States in congress assembled. 

The United States in congress assembled, shall never engage in a 
war, nor grant letters of marque and reprisal, in time or peace, nor 
eriterintoany treaties or alliances, nor coin money, nor regulate the val- 
ue thereof, nor ascertain the sums and expenses necessary for the de- 
fence and welfare of the United States, or any of them, nor emit bills, 
nor borrow money on the credit of the United States, nor appropriate 
money, nor agree upon the number of vessels of war to be built or 
purchased, or the number of land or sea forces to be raised, nor ap- 
point a commander in chief of the army or navy, unless nine states 
assent to the same ; nor shall a question on any other point, except for 
adjourning from day to day, be determined, unless by the votes of a 
majority of the United States in Congress assembled. 

The Congress of the United States shall have power to adjourn to 
any time within the year, and to anyplace within the United States, 
so that no period of adjournment be for a longer duration than the 
space of six months; and shall publish the journal of their proceedings 
monthty, except such parts thereof, relating to treaties, alliances, or 
military operations, as in their judgment reqsire 6ecrecy; and the 
yeas and nays of the delegates of each state on any question shall be 
entered on the journal, when it is desired by any d<-l< gate,; and the 
delegates of a state, or any of them, at his or their request, shall be 
furnished with a transcript of the said journal, except such parts as 
are above excepted, to lay before the legislatures of the several states. 



ARTICLES OF CONFEDERATION. 11 

» 

ARTICLE X. 

The committee of the states, or any nine of them, shall be author- 
ised to execute, in the recess of Congress, such of the powers of Con- 
gress as the United States in Congress assembled, by the consent of 
nine states, shall from time to time, Chink expedient to vest them -with; 
provided that no power be delegated to the said committee, for the 
exercise of which, by the articles of confederation, the voice of nine 
states in the Congress of the United States assembled is requisite. 

ARTICLE XI. 

Canada, acceding to this confederation, and joining in the measures 
of the United States, shall be admitted into, and entitled to, all 
the advantages of this union: but no other colony shall be admitted 
into the same, unless such admission be agreed to by nine states. 

ARTICLE xn. 

All bills of credit emitted, moneys borrowed, and debts contracted, 
by or under the authority of Congress, before the assembling of the 
United States, in pursuance of the present confederation, shall be 
deemed and considered as a charge against the United States, for pay- 
ment and satisfaction whereof, the said United States and the public 
faith are hereby solemnly pledged. 

ARTICLE XIII. 

Every state shall abide by the determination of the United States 
in Congress assembled, on all questions which, by this confederation, 
arc submitted to them. And the articles of this confederation shall 
be inviolably observed by every state, and the union shall be perpet- 
ual; nor shall any alteration at any time hereafter, be made to any 
of them, unless such alteration be agreed to in a Congress of the 
United Stales, and be afterwards confirmed by the legislature of eve- 
ry state. 

And whereas, it has pleased the Great Governor of the world to in- 
cline the hearts of the legislatures we respectively represent in Con- 
gress, to approve of, and to authorise us to ratify the said articles of 
deration and perpetual union: Know ye, That we the under- 
1 delegates, by virtue of the power and authority to us given 
for that purpose, do. by these presents, in the name and in behalf of 
our respective constituents, fully and entirely ratify and confirm each 
and every of the said articles of confederation and perpetual union, 
and a!, and singular the matters and things therein contained; and we 
do further solemnly plight and engage the faith of our respective con- 
stituents; that they shall abide by the determinations of the United 
States in Congress assembled, on all questions which, by the saidcon- 






12 ARTICLES OF CONFEDERATION. 

federation, are submitted to them; and that the articles thereof, shall 
be inviolably observed by the States we respectively represent; and 
that the union shall be perpetual. 

In witness whereof, we have hereunto set our hands, in Congress, 
Done at Philadelphia, in the state of Pennsylvania, the ninth 
day of July, in the year of our Lord one thousand seven hun- 
dred and seventy-eight, and in the third year of the Indepen- 
dence of America. 
On the part and behalf of the state of New-Hampshire. 
Josiah Bartlett, John Wentworth, jr. Aug. 8, 1778. 

On the part and behalf of the slate of Massachusetts Bay. 
John Hancock, Francis Dana, 

Samuel Adams, James Lovell, 

Elaridge Gerry, Samuel Holtcn. 

On the part and behalf of the state of Rhode Island and Providence 

Plantations. 
William Ellcry, John Collins. 

Henry Marchant, 

On the part and behalf of the state of Connecticut. 
Roger Sherman, Titus Hosmer, 

Samuel Huntington, Andrew Adams. 

Oliver Wolcott, 

On the pari and behalf of the state of New-York. 
Jas. Duane, VVm. Duer, 

Fia. Lewis, Gouv. Morris. 

On the part and behalf of the state of New-Jersey. 
Jno. Witherspoon, * Nath. Scuclticr, Nov. 26, 1770. 

On the part and behalf of the state of Pennsylvania. 
Robt. Morris, William Clir.gan, 

Daniel Roberdean, Joseph Reed, 22d July, 1778 

Jona. Bayard Smith, 

On the part and behalf of the state of Dela\ 
Thos. M'Kean, Feb. 13, 1779, Nicholas Van Dyke, 
John Dickinson, May 5th, 1779. 

On the part and behalf of the stole of Maryland* 
John Hanson, March .,1781, Daniel Carrel, 

On the pari and behalf of the state of Virginia. 
Richard Henry Lee, Jno. Harviej 

John Banister, Francis Lightfoot Lee. 

Thomas Adams, 

On the p-:rt and behalf of the slate of Norlh-C 
John Penn, July 21st, 1778, ' Jno. Williams. 
Corns. Harnett, 

On the part and behalf of the state of Soiith-d \ 
Henry Laurens; Richard Huts 

William Henrv Drayton, Thomas Hcyward, juo. 



CONSTITUTION OF THE UNITED STATES. U 

On the pari and behalf of the state of Georgia, 
Jno. Walton, 24th July, 1778, Edwd. Langworthy. 
Edwd. Telfair, 

[Note.— From the circumstance of delegate? from the same state 
having signed the articles of confederation at different times, as ap- 
pears by the dates, it is probable they affixed their names as they hap- 
pened to be present in Congress, after they had been authorised by 
their constituents.] 

CONSTITUTION OP TZIS UNITED STATES. 

We, the people of the United States, in order to form a more per- 
feet union, establish justice, ensure domestic tranquility, provide for 
the common defence, promote the general welfare, and secure the 
Wessingsof liberty to ourselves and our posterity, do ordain and es- 
tablish this constitution for the United States of America. 

ARTICLE I. 

SECTION 1. 

1. All legislative powers herein granted, shall be vested io a con- 
gress o( the United States, which shall consist of a senate and house 
of representatives. 

section 2. 

t. The house of representatives shall be composed of members 
chosen every second year, by the people of the several states; and 
the electors in each state shall have the qualifications requisite for 
electors of the most numerous branch of the state legislature. 

2. No person shall be a representative, who shall not have attained 
to the aqe of twenty-five years, and been seven years a citizen of the 
United States, and who shall not, when elected, be an inhabitant of 
that state in which he shall he chosen. 

3. Representatives and direct taxes shall be apportioned among the 
Several states which maybe included within this union, according to 
their respective numbers, which shall he determined by adding to the 
whole number of free persons, including those bound to service for a 
term of years, and excluding Indian:; not laxed, three fifths of ail ether 

sons. The actual enumeration shall he made within three years 
after the first meeting of the congress of the United State:, and with- 
in every subsequent term of ten years, in such manner as they shall 
by law direct. The number of representatives shall not exceed one 
for every thirty thousand, but each state shall have at least one rep : 
rescntative: and until such enumeration shall be made, the state of 
Kfw-H mpskHre shall be entitled to choose three; Massachiisrtts* eight; 
Rhode-Island and Providence Plantations, one; Connecticut, five; JVen~ 



*»* 



14 CONSTITUTION OF THE UNITED STATES. 

York, six; New-Jersey, four; Pennsylvania, eight; Delaware, one; Ma- 
ryland, six; Virginia, ten; MrtjJCarolina, five; 'South- Carolina, five; 
and Georgia, three. 

4. When vacancies happen in the representation from any state, 
the executive authority thereof shall issue writs of election to fill 
such vacancies. 

5. The house of representatives shall choose their speaker and oth- 
er officers, and shall have the sole power of impeachment. 

section 3. 

1. The senate of the United States shall be composed of two sena- 
tors from each state, chosen by the legislature thereof, for six years; 
and each senator shall have one vote. 

2. Immediately after they shall be assembled in consequence of 
the first election, they shall be divided, as equally as may be, into 
three Masses. The seats of the senators of the first class, shall be 
vacated at the expiration of the second year, of the second class, at 
the expiration of the fourth year, and of the third class at the ex- 
piration of the sixth year, so that one third may be chosen every 
second ivear; and if vacancies happen by resignation or otherwise, 
duringlthe recess of the legislature of any state, the executive there- 
of may! make temporary appointments until the next meeting of the 
legislature, which shall then fill such vacancies. 

3. .IN(o person shall be a senator, who shall not have attained to the 
age of thirty years, and been nine years a citizen of the United 
StatesJand who shall not, when elected, be an inhabitant of that state 
for which he shall he chosen. 

4. The vice-president of the United States shall be president of 
the senate; but shali have no vote, unless they be equally divided. 

5. The senate shall choose their othef officers, and also i president 
pro tempore, in the absence of the vice-president, or when he shali 
exercise the office of president of the United States. 

G. The senate shall have the sole power to try all impeachments. 
When sitting for that purpose, they shall be on oath or affirmation. 
When the president of the United States is tried, the chief justice 
shall preside; and no person shall he convicted without the concur- 
rence of two thirds of the members present. 

7. Judgment, id cases of impeachment, shall not extend further than 
to removal frow» office, and disqualification to hold and enjoy any of- 
fice of honor, trust, or profit, under the United States; but the party 
convicted shall, nevertheless, be liable and subject to indictment, trial, 
judgment, and punishment, according to law. 

SECTION 4. 

1. The times, places, and manner of holding elections for senators 
ahd representative^ shall be prescribed in each state, by the legisla- 
irc thereof ; but the congress may, at any time, by law. make or a!- 



CONSTITUTION OF THE UNITED STATES. \b 

ter such regulations, except as to the places of choosing senators. 

2. The congress shall assemble at least once in every year, and 
9uch meeting shall be on the iirst Monday ia December, unless they 
shall by law appoint a different day. 

section 5. 

1. Each house shall he the judge of the elections, returns, and 
qualifications, of its own members; and a majority of each shall con- 
stitute a quorum todo business; but a smaller number may adjourn 
from day to day, and may be authorized to compel the attendance 
of absent members, in such manner, and under such penalties, as each 
house may provide. 

2. Each house may r determine the rules of its proceedings, punish 
its members for disorderly behaviour, and, with the concurrence of 
two thirds, expel a member. 

3. Each house shall keep a journal of its proceedings, and from 
time to time publish the same, excepting such parts as may, in their 
judgment, require secrecy ; and the yeas and nays of the members of 
either bouse on any question, shall, at the desire of one fifth of those 
present, be entered on the journal. 

4. Neither house, during the session of congress, shall, without the 
cot sent of the other, adjourn for more than three days, nor to any 
other place than that in which the two houses shall be sitting. 

section 6. 

1. The senators and representatives shall receive a compensation 
for their services, to be ascertained by law, and paid out of the trea- 
sury of the United States. They shall, in all cases, except treason, 
felony and breach of the peace, be privileged from arrest, during their 
attendance at the session of their respective houses, and in going 
to or returning from the same; and for any speech or debate in eithr 
3r house, they shall not be questioned in any other place. 

2. No senator or representative shall, during the lime for which he 
was elected, be appointed to any civil office under the authority of 
the United States, which shall have been created, or the emoluments 
whereof shall have been increased, during such time; and no person 
holding any office under the United States, shall be a member of eith- 
er house, during his continuance in office. 

section 7. 

1. All hills for raising revenue shall originate in the house of rep? 
resentativeaj but the senate may propose or concur with amendments 
as on other bills. 

2. Every bill, which shall have passed thehou-eof representatives 
and the senate, shall, before it becomes a law, be presented to the pre- 



16 CONSTITUTION OF THE UNITED STATES. 

sidentof the United States; if be approve he shall sign it; but if not, 
he shall return it, with his objections, to that house in which it shall 
have originated, who shall enter the objections at large on their jour- 
nal, and proceed to reconsider it. U, after such reconsideration, two 
thirds of that house shall agree to pass the bill, it shall he sent, togeth- 
er with the objections, to the other house, by which it shall likewise 
be re-considered, and if approved by two thirds of that house, it shall 
become a law. But in all such cases the votes of both houses, shall 
be determined by yeas and nays; and the names of the persons voting 
for and against the bill, shall be entered on the journal of each house 
respectively. If any bill shall not he returned, by the president, 
Within ten days (Sundays excepted) after it shall have been presented 
to him, the same shall be a law, in like manner as if he had signed it, 
unless the Congress, by their adjournment, prevent its return; in 
which case it shall not he a law. 

3. Every order, resolution, or vote, to which the concurrence of 
the senate and house of representatives mav be necessary, (except on 
a question of adjournment,) shall be presented to the president of 
tbe United States; and before the same shall take effect, shall heap- 
proved by him, or being disapproved by him, shall be repassed by two 
thirds of the senate and house of representatives, according to the 
rules and limitations prescribed in the case of a bill. 

SECTION 8. 

The Congress shall have power — 

1. To lay and collect taxes, duties, imposts, and excises; to pay 
the debts and provide for the common defence and general welfare 
of the United States; but all duties, imposts, and excises, shall he 
uniform throughout the United States: 

2. To borrow money on the credit of the United Statrs: 

3. To regulate commerce with foreign nations, and among the sev- 
eral states, and with the Indian tribes: 

4. To establish an uniform rule of naturalization, and uniform laws 
on the subject of bankruptcies throughout the United States: 

5. To coin money, regulate the value thereof, and of foreign coin ? 
and fix the standard of weights and measures: 

6. To provide for the punishment of counterfeiting the securities 
and current coin of the United States: 

7. To estaolish post offices and post roads: 

3. To promote the progress of science and useful art-, by s^urmer, 
for limited times, to authors and inventors, the exclusive right to their 
respective writings and discoveries: 

9. To constitute tribunals inferior to the supreme court: To define 
and punish piracies and felonies committed on the high seas, and of- 
fences against the law of nations: 

10. To declare war, grant letters of marque and reprisal, and make 
rules concerning capture^ on land and water: 






CONSTITUTION OF THE UNITED STATES. 17 

11. To raise and support armies; but do appropriation of money to 
that use, shall be for a longer term tban two years: 

12. To provide and maintain a navy: 

13. To make rules for the government and regulation of the land 
and naval forces: 

14. To provide for calling forth the militia to execute the laws of 
the Union, suppress insurrections, and repel invasions: 

15. To provide for organizing, arming, and disciplining the militia, 
and for governing such part of them as may be employed in the ser- 
vice of the United States, reserving to the states respectively, the ap- 
pointment of the officers, and the authority of training the militia ac- 
cording to the discipline prescribed by congress: 

16. To exercise exclusive legislation in all cases whatsoever, over 
such district (not exceeding ten miles square) as may, by cession of 
particular states, and the acceptance of congress, become the seat of 
government of the United States, and to exercise like authority over 
all places purchased, by the consent of the legislature of the state in 
which the same rhail be, for the erection of forts, magazines, arsenals, 
dock-yards, and other needful buildings: — and, 

17. To make all laws which shall be necessary and proper for car- 
rying into execution the foregoing powers, and all other powers vest- 
ed by this constitution in the government of the United States, or in 
any department or officer thereof. 

section 9. 

1. The migration or importation of such persons as any of the states 
now existing shall think proper to adrmt, shall not be prohibited by the 
congress prior to the year one thousand eight hundred and eight, but 
a tax or duty may be imposed on such importation, not exceeding 
ten dollars for each person. 

2. The privilege of the writ of habeas corpus shall not be suspend- 
ed, unless when, in cases of rebellion or invasion, the public safety 
may require it. 

3. No bill of attainder, or ex post facto law, shall be passed. 

4. No capitation or other direct tax shall be laid, unless in propor- 
tion to the census or enumeration herein before directed to be taken, 

5. No tax or duty shall he laid on articles exported from any state, 
reference shall be given by any regulation of commerce or reve- 
nue to the ports of one state over those of another: nor shall vessels 
bound to or from one state be obliged to enter, clear, or pay duties in 
another. 

6. No money shall be drawn from the treasury, but in consequence 
of appropriations made by law: and a regular statement aad account 
of the receipts and expenditures of all public money, shall be publish- 
ed from time to time. 

7. No title of nobility shall be granted by the United States, and 
no person holding any office of profit or trust under them, shall, with' 

9 



W CONSTITUTION OF THE UNITED STATES. 

out the consent of the congress, accept of any present, emolument, 
office, or title of any kind whatever, from any king, prince, or foreign 

section 10. 

1. No state shall enter into any treaty, alliance or confederation; 
grant letters of marque and reprisal; coin money ; emit bills of credit; 
make any thing but gold and silver coin a tender in payment of debts; 
pass any biH of attainder, ex post facto law, or law impairing the ob- 
ligation of contracts; or grant any title of nobility. 

2. No state shall, without the consent of the congress, lay any im- 
posts or duties on imports or exports, except what may be absolutely 
necessary for executing its inspection haws; and the net produce of 
all duties and imposts, laid by any state on imports or exports, shall 
"be for the use of the treasury of the United States, and all such laws 
shall be subject to the revision and control of the congress. No state 
shall, without the consent of congress, lay any duty of tonnage, keep 
troops or ships of war in time of peace, enter into any agreement or 
compact with another state or with a foreign power, or engage in war, 
unless actually invaded, or in such imminent danger as will not admit 
of delay. 

ARTICLE II. 

SECTION 1. 

t. The executive power shall be vested in a president of the Uni- 
ted States of America. He shall hold his oiiice during the term of 
four years, and, together with the vice president, chosen for the same 
-term, be elected as follows: 

2. Each state shall appoint, in such manner as the legislature there- 
of may direct, a number of electors, equal to the whole number of 
senators and representatives to which the state may be entitled in the 
congress; but no senator or representative, or person holding an 
office of trust or profit under the United States, shall be appointed an 
elector. 

3. The electors shall meet in their respective states, and vote by 
ballot for two persons, of whom one at least shall not ho an inhabi- 
tant of the same state with themselves. And they shall make a list 
of all the persons voted for, and of the number of votes for each; 
which list they shall sign and certify, and transmit sealed to the seat 
of government of the United States, directed to the president of the 
senate. The president of the senate shall, in the presence of the sen- 
ate and house of representatives, open all the certificates, and the 
vota 5 shall then be counted. The person having the greatest number 
of votes shall be the president, if such number be a majority of the 
whole number of electors appointed; and if there be more than one 
who have such majority, and have an equal number of votes, then the 
house of representatives shall immediately choose, by ballot, one of 



n 



CONSTITUTION OF THE UNITED STATES. 13 

ihcm for president; and if no person have a majority, then from the 
five highest on the list, the said house shall, it» like manner choose 
the president. But in choosing the president, the votes shall be ta» 
ken by states, the representation from each state having; one vote: a 
quorum for this purpose shall consist of a member or members from 
two-thirds of the stale-, and a majority of all the states shall be neces- 
sary to a choice. In every case, after the choice of the. president, the 
person having the greatest number of votes of the electors, shall be 
the vice president. But if there should remain two or more who have 
equal votes, the senate shall choose from them, by ballot, the vice 
president. 

4. The congress may determine the time of choosing the electors*, 
and the day on which they shall give their votes; which day shall be 
the same throughout the United States. 

5. No person, except a natural born citizen, or a citizen of the U- 
nited States at the time of the adoption of this constitution, shall be 
eligible to the office of president; neither shall any person be eligible 
to that office, who shall not have attained to the age of thirty-five 

ears, and been fourteen years a resident within the United States. 
G. In case of the removal of the president from office, or of his 
death, resignation, or inability to discharge the powers and duties of 
the said office, the same shall devolve on the vice president, and the 
congress may, by law, provide for the case of removal, death, resigna- 
tion, or inability, both of the president and vice president, declaring 
what officer shall then act as president, and such officer shall act ac- 
cordinglv, until the disability be removed, or a president shall be 
elected/ 

7. The president shall, at stated times, receive for his services a 
compensation, which shall neither be increased nor diminished during 
the period for which he shall have been elected, and he shall nut re- 
ceive within that period any other emolument from the United States, 
or any of them. 

8. Before he enters on the execution of his office, he shall take the 
following oath or affirmation: 

9. "I do solemnly swear (or affirm) that I will faithfully execute the 
office of president of the United States, and will, to the best of my 
ability, preserve, protect, and defend the constitution of the United 
Spates." 

SECTION 2. 

1. The president shall be commander in chief of the army and na- 
vy of the United States, and of the militia of the several states, when 
i into the actual service of the United States. He may require 
pinion, in writing, of the principal officer in each of the execu- 
tive departments, upon any subject relating to the duties of their re- 
spective offices; and he shall have power to- grant reprieves and par- 
dons, for offerees against the United States, except in cases of im- 
peachment. 



20 CONSTITUTION OF THE UNITED STATES. 

2. He shall have power, by and with the advice and consent of the 
senate, to make treaties, provided, two-thirds of the senators present 
concur: and he shall nominate, and by and with the advice and con- 
sent of the senate, shall appoint ambassadors, other public ministers 
and consuls, judges of the supreme court, and all other officers of the 
United States, whose appointments are not herein otherwise provided 
for, and which shall be established by law. But the congress may, by 
law, vest the appointment of such inferior officers, as they think pro- 
per, in the president alone, in the courts of law, or in the heads of de- 
partments. 

3. The president shall have power to fill up all vacancies, that, may 
happen, during the recess of the senate, by granting commissions, 
which shall expire at the end of their next session. 

section 3. 

1. He shall, from time to time, give to the congress information of 
the state of the union; and recommend to their consideration such 
measures as he shall judge necessary and expedient. He may, on 
extraordinary occasions, convene both houses, or either of them, and 
in case of disagreement between them, with respect to the time of ad- 
journment, he may adjourn them to such time as he shall think pro- 
per. He shall receive ambassadors and other public ministers. He 
shall take care that the laws be faithfully executed ; and shall commis- 
sion ail the officers of the United States. 

SECTION 4. 

1. The president, vice-president, and all civil officers of the United 
States, shall be removed from office, on impeachment for, and convic- 
tion of, treason, bribery, or other high crimes and misdemeanors- 

ARTICLE HI. 

SECTION 1. 

The judicial power of the United States shall bo vested in one Su- 
preme Court, and in suehinicrior courts, as the congress may, from 
time to time, ordain and establish. The judges, both of the supreme 
and inferior courts, shall hold their offices during good behavior; and 
shall, at stated times, receive for their sen ion, which 

shall not be diminished during their continuance in office. 

section 2. 

1. The judicial power shall extend to all cases, in law and equity, 
arising under this constitution, the laws of the United States, and 
treaties made, or which shall be made, under their authority; to all 



CONSTITUTION OF THE UNITED STATES. 21 

cases, affecting ambassadors, other public ministers, and consuls; to all 
cases of admiralty and maritime jurisdiction; to controversies to which 
the United States shall be a party, to controversies between two or 
more states, between a state and citizens of another state, between 
citizens of different states, between citizens of the same state claim- 
ing lands under grants of different states, and between a state, or 
the citizens thereof, and foreign states, citizens or subjects. 

-.. In all cases, affecting ambassadors, other public ministers, and 
consuls, and those in which a state shall be a party, the supreme court 
shall have original jurisdiction. In all the other cases before men- 
tioned, the supreme court shall have appellate jurisdiction, both as 
to law and fact, with such exceptions, and under such regulations as 
the congress shall make. 

3. The trial of all crimes, except in cases of impeachment, shall be 
by jury; and such trial shall be held in the state where the said crimes 
shall have been committed ; but when not committed within any state, 
the trial shall be at such place or places, as the congress may by law 
have directed. 

SECTION 3. 

1. Treason against the United States shall consist only in levying 
war against them, or in adhering to their enemies, giving them aid 
and comfort. No person shall be convicted of treason unless on the 
testimony of two witnesses to the same overt act, or on confession in 
open court. 

2. The congress shall have power to declare the punishment of 
treason; but no attainder of treason shall work corruption of blood* 
or forfeiture, except during the life of the person attainted. 

ARTICLE IV. 

SECTION 1. 

1. Full faith and credit shall be given, in each state, to the public 
acts, records, and judicial proceedings of every other state. And the 
congress may, by general laws, prescribe the manner in which such, 
acts, records, and proceedings shall be proved, and the effect thereof. 

SECTION 2, 

1. The cilizens of each state shall be entitled to all privileges and 
immunities of citizens in the several states. 

2. A person charged in any state with treason, felony, or other 
crime, who shall flee from justice, and be found in another state, shall, 
on demand of the executive authority of the state from which he fled, 
be delivered up, to be removed to the state having jurisdiction of the 
crime. 

3« No person held to service or labor in one state under the laws 



22 CONSTITUTION OF THE UNITED STATES. 

thereof, escaping into another, shall, in consequence of any law or 
regulation therein, be discharged from such service or labor; but 
shall be delivered up on claim of the party to whom such service or 
labor may be due. 

section 3. 

1. New states may be admitted by the congress into this union ; but 
no new state shall be formed or erected within the jurisdiction of any 
other state, nor any state be formed by the junction of two or more 
states, or parts of states, without the consent of the legislatures of 
the states concerned, as well as of the congress. 

2. The congress shall have power to dispose of, and make all need- 
ful rules and regulations respecting the territory or other property- 
belonging to the United States; and nothing in this constitution shall 
be so construed as to prejudice any claims of the United States, or 
of any particular state. 

section 4* 

1. The United States shall guaranty to every state in this union a 
republican form of government, and shall protect each of them against 
invasion; and on application of the legislature, or of the executive 
(when the legislature cannot be convened) against domestic violence* 

ARTICLE V. 

1. The congress, whenever two-thirds of both houses shall deem it 
necessary, shall propose amendments to this constitution; or, on the 
application of the legislatures of two-thirds of the several stales, shall 
call a convention for proposing amendments, which, in either case, 
shall be valid to all intents and purposes, as part of this constitution, 
when ratified by the. legislatures of three-fourths of the several states, 
or by conventions in three-fourths thereof, as the one or the other 
mode of ratification may be proposed by the congress; provided, that 
no amendment which may be made prior to the year one thousand 
eight hundred and eight, shall in any manner affect the first and fourth 
clauses in the ninth section of the first article: and that no state, 
without its consent, shall be deprived of its equal suffrage in the sen*^ 
ate. 

ARTICLE VI. 

t. All debts contracted and engagements entered into, before the 
adoption of this constitution, shallbe as valid against the United States 
under this constitution, as under the confederation. 

2. This constitution, and the laws of the United States which shall 
be made in pursuance thereof; and all treaties made, or which shall be 
made under the authority of the United States, shall he the supreme 
law of the land ; and the judges in every state shall be hound thereby ; 
any thing in the constitution or laws of any state to the contrary not 
withstanding. 



CONSTITUTION OF THE UNITED STATES. 



23 



3. The senators and representatives before mentioned, and the 
members of the several state legislatures, and all executive and judi- 
cial officers, both of the United States and of the several states, shall 
be bound by oath or affirmation, to support this constitution: but no 
religious test shall ever be required as a qualification to any office or 
public trust under the United States. 

ARTICLE VII. 

1. The ratification of the conventions of nine states, shall be 
sufficient for the establishment of this constitution between the state6 
so ratifying the same. 

Done in convention, by the unanimous consent of the states pre- 
sent, the seventeenth day of September, in the year of our 
Lord one thousand seven hundered and eighty-seven, and of 
the Independence of the United States of America, the twelfth. 
la witness whereof, we have hereunto subscribed our names. 
GEORGE WASHINGTON, President, 

and deputy from Virginia* 



NEW-HAMPSHIRE. 

John Langdon, 
Nicholas Gilman, 

MASSACHUSETTS. 

Nathaniel Gorham, 
Rufus King. 

CONNECTICUT. 

William Samuel Johnson, 
Roger Sherman, 

NEW-YORK. 

Alexander Hamilton. 

NEW-JERSEY. 

"William Livingston, 
David Brearly, 
William Patterson, 
Jonathan Dayton. 

PENNSYLVANIA. 

Benjamin Franklin, 
Thomas Mifflin, 
R.obert Morris, 
George Clymer, 
Thomas Fitzsimons, 
Jarcd Ingersoll, 
James Wilson, 
Govcrneur Morris. 

Attest, 



DELAWARE. 

George Read, 
Gunning Bedford, jun. 
John Dickinson 
Richard Bassett, 
Jacob Broom. 

MARYLAND. 

James M'Henry, 

Daniel of St. Tho. Jenifer, 
Daniel Carroll. 

VIRGINIA. 

John Blair, 

James Madison? jun. 

NORTH-CAROLINA. 

William Blount, 
Richard Dobbs Spaight, 
Hugh Williamson. 

SOUTH-CAROLINA. 

John Rutledge, 

Charles Cotesworth Pinckne^ 

Charles Pinckney, 

Pierce Butler. 

GEORGIA. 

William Few, 
Abraham Baldwin. 

WILLIAM JACKSON, Sccretey* 



m CONSTITUTION OF THE UNITED STATES. 
AMENDMENTS TO THE CONSTITUTION. 

ARTICLE 1. 

Congress shall make no law respecting an establishment of religion, 
or prohibiting the free exercise thereof; or abridging the freedom of 
speech, or of the press; or the right of the people peaceably to assem- 
ble, and to petition the government for a redress of grievances. 

ARTICLE 2. 

A well regulated militia being necessary to the security of a free 
state, the right of the people to keep and bear arms shall not be in- 
fringed. 

ARTICLE 3. 

No soldier shall, in time of peace, be quartered in any house with- 
out the consent of the owner; nor in time of war, but in a manner to 
be prescribed by law. 

ARTICLE 4. 

The right of the people to be secure in their persons, bouses, pa-* 
pers, and effects, against unreasonable scearches and seizures, shall 
not be violated ; and no warrants shall issue, but upon probable cause, 
supported by oath or affirmation, and particularlj describing the 
place to be searched, and the persons or things to be seized. 

article 5. 

No person shall be held to answer for a capital, or otherwise infa- 
mous crime, unless on a presentment or indictment of a grand jury, 
except in cases arising in the land or naval forces, or in the militia, 
when in actual service, in time of war or public danger; nor shall 
any person be subject for the same offence to be twice put in jeopardy 
of life or limb; nor shall be compelled, in any criminal case, to be a 
witness against himself, nor be deprived of life, liberty, or property, 
without due process of law; nor shall private property be taken for 
public use without just compensation. 

ARTICLE 6. 

In all criminal prosecutions, the accused shall enjoy the ri^ht to a 
speedy and public trial, by an impartial jury of the stale and district 
wherein the crime shall have been committed, which district*shall 
have been previously ascertained by law, and to be informed o( the 
nature and cause of the accusation; to be confronted with the witnes- 
ses against him; to have compulsory proce-s for obtaining witnesses 
La his favor; and to have the assistance of counsel for his defence. 



CONSTITUTION OF THE UNITED STATES. So 

ARTICLE 7. 

In suits at common law, where the value in controversy shall ex- 
ceed twenty dollars, the right of trial by jury shall be preserved; 
and no fact tried by a jury shall be otherwise re-examined in any 
court of the United States, than according to the rules of the com- 
mon law. 

article 8. 

Excessive bail shall not be required, nor excessive fines imposed, 
nor cruel and unusual punishments inflicted. 

article 9. 

The enumeration in the constitution, of certain rights, shall not be 
construed to deny or disparage others retained by the people. 

article 10. 

The powers not delegated to the United States by the conslltution, 
nor prohibited by it to the states, are reserved to the states respec- 
tively, or to the people. 

article 11. 

The judicial power of the United States shall not be construed to 
extend to any suit in law or equity, commenced or prosecuted against 
one of the United States by citizens of another state, or by citizens 
or subjects of any foreign state. 

article 12. 

1. The electors shall meet in their respective states, and vote by 
ballot for president and vice president, one of whom at least, shall not 
be an inhabitant of the same state with themselves; they shall name 
.in their ballots the person voted for as president, and in distinct bal- 
lots the perso" voted for as vice president; and they shall make dis- 
tinct lists of all persons voted for as president, and of all persons vo- 
ted for as vice president, and of the number of votes for each, which lists 
they shall sign and certify, and transmit sealed to the seat of the govern- 
ment of the United States, directed to the president of the senate; the 
president of the senate shall, in the presence of the senate and house of 
representatives, open all the certificates, and the votes shall then be 
counted: the person having the greatest number of votes for president, 
shall he the president, if such number be a majority of the whole num- 
ber of electors appointed; and if no person have such majority, then 
from ihc persons having the highest numbers, not exceeding three, 
on the list of those voted for as president, the house of representa- 
tives shall choose immediately, by ballot, the president. But in choosr 
4 



& Resolution, &c 

ing the president, the votes shall be taken by state?, the represenfa 
tion from each state having one vote; a quorum for this purpose shall 
consist of a member or members from two thirds of the states, and a 
majority of all the states shall be necessary to a choice. And if the 
house of representatives shall not choose a president whenever the 
right of choice shall devolve upon them, before the fourth day of March 
next following, then the vice president shall act as president, as in the 
case of the death or other constitutional disability of the president. 

2. The person having the greatest number of votes as vice presi- 
dent, shall be the vice president, if such number be a majority of the 
whole number of electors appointed; and if no person have a major- 
ity, then from the two highest numbers on the list, the senate shall 
choose the vice president: a quorum for the purpose shall consist ol 
two thirds of the whole number of senators, and a majority of the 
whole number shall be necessary to a choice. 

3. But no person constitutionally ineligible to the < ffice of presi- 
dent, shall be eligible to that of vice president of the United States. 

article 13. 

If any citizen of the United States shall accept, claim, receive, 
or retain any title of nobility or honor, or shall, without the consent 
of congress, accept and retain any present, pension, office, or emolu- 
ment o( any kind whatever, from any emperor, king, prince or for- 
eign power, such person shall cease to be a citizen of the United 
States, and shall be incapable of holding any office of trust or profit 
under them, or either of them.. 



HESOLATiO^. 

DECLARING THE ADMISSION OF THE STATE OF ILLINOIS INTO THE UNION. 

Resolved by the Senate and House of Representatives of the United 
States of America, in Congress assembled, That, whereas, in pursuance 
of an act of Congress, passed on the eighteenth day of April, one 
thousand eight hundred and eighteen, entitled "An act to enable the 
people of the Illinois Territory to form a constitution and state gov- 
ernment, and for the admission of such slate into the onion, on an 
equal footing with the original states," the people of said territory 
did, on the twenty-sixth day of August, in the present year, by a con- 
vention called for that purpose, form for themselves a constitution and 
6tate government, which constitution and state government, so formed, 
is republican, and in conformity to the principles of (he articles of 
compact between i\\e original states and the people rind states in the 
territory northwest of the river Ohio, passed on the thirteenth dav of 
-July, one thousand seven hundred and eighty-seven: Resolved, % the, 



STATE CONSTITUTION. 27 

Senate and House of Representatives of the United States of America in 
Congress assembled, That the State of Illinois shall be one, and is 
hereby declared to be one, of the United States of America, and ad- 
mitted into the Union on an equal footing with the original states, in 
all respects whatever. 

[Approved, December 3, 1818.] 



CONSTITUTION 

OF THE 

STATE. OF ILLINOIS 



The people of the Illinois Territory, having the right of admission 
Into the general government as a member of the Union, consistent 
with the constitution of the United States, the ordinance of Congress 
of 1787, and the law of congress "approved April 18th, 1818," entitled 
u an act to enable the people of the Illinois Territory to form a constitu- 
tion and state government, and for theadmission of such state into the 
Union on an equal footing with the original states, and for other pur- 
poses;" in order to establish justice, promote the welfare and secure 
the blessings of liberty to themselves and their posterity, do by their 
representatives in convention ordain and establish the following con- 
stitution or form of government; and do mutually agree with each 
other to form themselves into a free and independent state by the 
name of the state of Illinois. And they do hereby ratify the boun- 
daries assigned to such state by the act of congress aforesaid, which 
are as follows, to-wit: Beginning at the mouth of the Wabash river, 
thence up the same, and with the line of Indiana to the northwest corner 
of said state; thence east with the line of the same state, to the mid- 
die of lake Michigan; thence north along the middle of said lake, to 
north latitude forty-two degrees and thirty minutes; thence west to 
the middle of the Mississippi river; and thence down along the mid- 
dle of that river to its confluence with the Ohio river; and thence up 
the latter river along its north western shore to the beginning. 

article i. 

concerning the distribution of the powers of 
government. 

Sec. 1. The powers of the government of the state of Illinois, 
Bhall be divided into three distinct departments, and each of them be 
confided to a separate body of magistrucv. to wit: Those which are le- 



28 STATE CONSTITUTION. 

gislative to one; those which are executive to another; and those whick 
are judiciary to another. 

Sec. 2. No person or collection of persons, being one of those de- 
partments, shall exercise any power properly belonging to either of 
the others, except as hereinafter expressly directed or permitted. 

ARTICLE II. 

Sec. 1. The legislative authority of this state, shall be vested in a 
general assembly, which shall consist of a senate and house of repre- 
sentatives, both to be elected by the people. 

Sec 2. The first election for senators and representatives, shall com- 
mence on the third Thursday of September next, and continue for 
that and the two succeeding days; and the next election shall be held 
on the first Monday in August, one thousand eight hundred and twen- 
ty, and forever after, elections shall be held once in two years, on the 
first Monday of August, in each and every county, at such places 
therein as may be provided by law. 

Sec. 3. No person shall be a representative who shall not have at- 
tained the age of twenty-one years, who shall not be a citizen of the 
United States, and an inhabitant of this state: who shall not have 
resided within the limits of the county or district in which he shall 
be chosen, twelve months next preceding his election, if such county 
or district shall have been so long erected; but if not, then within 
the limits of the county or counties, district or districts out of which 
the same shall have been taken, unless he shall have been absent oa 
the public business of the United States or of this state; and who 
moreover shall not have paid a state or county tax. 

Sec 4. The senators at their first session herein provided for, shall 
be divided by lot from their respective counties or districts, as near as 
can be, into two classes. The seats of the senators of the first class 
shall be vacated at the expiration of the second year; and those of 
the second class at the expiration of the fourth year, so that onchalf 
thereof, as near as possible, may be biennially chosen forever thereaf- 
ter. 

Sec 5. The number of senators and representatives, shall at the 
first session of the general assembly, holden after the returns herein 
provided for are made, be fixed by the general assembly, and appor- 
tioned among the several counties or districts to be established by law, 
according to the number of white inhabitants. The number of rep- 
resentatives shall not be less than twenty-seven, nor more than thirty- 
six, until the number of inhabitants within this state shall amount to 
one hundred thousand; and the number of senators shall never bo 
less than one-third nor more than one half of the number of represen- 
tatives. 

Sec. 6. No person shall be a senator who has not arrived at the age 
of twenty-five years, wh<? shall not be a citizen of the United States. 



S FATE CONSTITUTION* 23 

and who shall not have resided one year in the county or district in 
which he shall be chosen immediately preceding his election, it such 
County or district shall have been so long erected; but if not, then 
in the limit* of the county or counties, district or districts, out of 
which the same shall have been taken; unless he shall have been ab- 
sent on the public business of the United States or of this state, and 
shall not moreover have paid a state or county tax. 

Sec. 7. The senate and bouse of representatives, when assembled, 
shall each choose a speaker and other officers, (the speaker of the sen- 
ate excepted:) each house shall judge of the qualifications and elec- 
tions of it* members, and sit upon its own adjournments. Two-thirds 
of each house shall constitute a quorum, but a smaller number may 
adjourn from day to day, and compel the attendance of absent mem- 
bers. 

Sec 3. Each house shall keep a journal of its proceedings, and 
publish them: the yeas and nays of the members, on any question* 
shall, at the desire of ay two of them, be entered on the journals. 

Sec. 9. Any two members of either house, shall have liberty to 
dissent and pretest against any act or resolution which they maj 
think injurious to the public, or to any individual, and have the reasons 
of their dissent entered on the journals. 

Sec 10. Each house may determine the rules of its proceedings, 
punish its members for disorderly behaviour; and, with the concur- 
rence of two-thirds, expel a member, but not a second time for the 
same cause. 

Sec 1 1. When vacancies happen in either house, the governor,, or 
the person exercising the powers of governor, shall issue writs of elec- 
tion to till such vacancies. 

Sec 12. Senators and representatives shall, in all cases, except 
treason, felony, or breach of the peace, be privileged from arrest, du- 
ring the session of the general assembly, and in goin«; to, and return- 
ing from, the same, and for any speech or debate in either house, they 
shall not be questioned in any other place. 

Sec 13. Each house may punish by imprisonment during its ses- 
sion, any person not a member, who shall be guilty of disrespect to 
the house, by any disorderly or contemptuous behaviour in their pre- 
sence; provided such imprisonment shall not at any one time exceed 
twenty-four hours. 

Sec 14. The doors of each house, and of committees of the whole, 
.^hall be kept open, except in such cases as in the opinion of the house, 
require secrecy. Neither house shall, without the consent of the 
other, adjourn for more than two days, nor to any other place than 
that in which the two houses shall be sitting. 

Sec 1o. Bills may originate in either house, but may be altered, 
amended, or rejected by the other. 

Sec 16. Every bill shall be read on three different days in each 
house, unless in case of urgency, three-fourths of the hn«i5 C where 



30 STATE CONSTITUTION. 

such bill is so depending shall deem it expedient to dispense with this 
rule; and every bill having parsed both houses shall be signed by the 
speakers of the respective houses. 

Sec. 17. The style of the laws of this state shall he, "Be it enacted 
by the people of the state of Illinois ■, represented in the general assembly.'''' 

Sec. 18. The general assembly of this state shall not allow the 
following officers of government greater or smaller annual salaries 
than as follows, until the year one thousand eight hundred and twen- 
ty-four: The governor one thousand dollars; and the secretary of 
state, sis hundred dollars. 

Sec. 19. No senator or representative shall, during the time for 
which he shall have been elected, be appointed to any civil office un- 
der this state, which shall have been created, or the emoluments of 
which shall have been increased during such time. 

Sec. 20. No money shall be drawn from the treasury but in conse- 
quence of appropriations made by law. 

Sec. 21. An accurate statement of the receipts and expenditures 
of the public money, shall be attached to, and published with, the 
Jaws, at the rising of each session of the general assembly. 

Sec 22. The house of representatives shall have the sole power of 
impeaching, but a majority of all the members present must concur 
in an impeachment; all impeachments shall be tried by the senate; 
and when sitting for that purpose, the senators shall be upon oath or 
affirmation, to do justice according to law and evidence. No person 
shall be convicted without the concurrence of two-thirds of all the 
senators present. 

Sec. 23. The governor, and all other civil officers under this state, 
shall be liable to impeachment for any misdemeanor in office: but 
judgment in such cases shall not extend further than to removal from 
office, and disqualification to hold any office of honor, profit or trust 
under this state. The party, whether convicted or acquitted, shall 
nevertheless be liable to indictment, trial, judgment and punishment 
according to law. 

Sec. 2,. The first session of the general assembly shall commence on 
the first Monday of October next, and forever alter, the general as- 
sembly shall meet on the first Monday in December next ensuing the 
election of the members thereof, and at no other period, unless aa 
provided by this constitution. 

Sec. 25. No judge of any court of law or equity, secretary of 
state, attorney-general, attorney for the state, register, clerk of any 
court of record, sheriff or collector, member of either house of con- 
gress, or person holding any lucrative office under the United States 
or this state, (provided that appointments in the militia, postmasters 
or justices of the peace shall not be considered lucrative offices) shall 
have a seat in the general assembly: nor shall any person holding at* 
office of honor or profit under the government of the United States, 
hold any office of honor or profit under the authority' of this state. 
- . 'y;>. Kverv person who shall be chosen or appointed to any 



3TATE CONSTITUTION. 31 

office of trust or profit shall, before entering upon the duties thereof, 
take an oath to support the constitution of the United States and of 
this state, and also an oath of office. 

Sec. 27. In all elections, all white male inhabitants above the age 
of twenty-one years, having resided in the state six months next pre- 
ceding the election, shall enjoy the right of an elector; but no person 
shall be entitled to vote except in the county or district in which he 
.shall actually reside at the time of the election. 

Sec. 28. All votes shall be given viva voce until altered by the 
general assembly. q 

Sec. 29. Electors shall in all cases, except treason, felony, or breach 
of the peace, be privileged from arrest during their attendance at 
elections, and in going to and returning from the same. 

Sec 30. The general assembly shall have full power to exclude 
from the privilege of electing or being elected any person convicted 
of bribery, perjury or any other infamous crime. 

Sec. 3i. In the year one thousand eight hundred and twenty, and 
every fifth year thereafter, an enumeration of all the white inhabitants 
of the state shall be made, in such manner as shall be directed by 
law. 

Sec 32. All bills for raising a revenue shall originate in the house 
of representatives, subject, however, to amendment or rejection, as in 
other cases. 

ARTICLE III. 

Sec 1. The executive power of the state shall be vested in a gov- 
ernor. 

Sec 2. The first election of governor shall commence on the third 
Thursday of September next, and continue for that and the two suc- 
ceeding days; and the next election shall be held on the first Monday 
of August, in the year of our Lord one thousand eight hundred ao<} 
twenty-two. And forever after, elections for governor shall be held 
once in four years, on the first Monday of August. The governor 
shall be chosen by the electors of the members of the general assem- 
bly, at the same places and in the same manner that they shall re- 
spectively vote for members thereof. The returns for every election 
of governor shall be sealed up and transmitted to the seat of govern- 
ment by the returning officers, directed lo the speaker of the house 
of representatives, who shall open and publish them in the presence 
of a majority of the members of each house of the general assembly. 
The person having the highest number of votes shall be governor; but 
if two or more be equal and highest in votes, then one of them shall 
be chosen governor by joint ballot of both houses of the general as- 
sembly. Contested elections shall be determined by both houses of 
the general assembly in such manner as shall be prescribed bv law. 

Sec* 3. The first governor shall hold his office until the first Mon- 
day of Derernber, in the year of our Lord one thousand eight hundred 
and twenty-two, and until another governor bhall be elected an£ 



-i STATE CONSTITUTION. 

qualified to office: and forever after, the governor shall hold his of- 
fice for the term of four years, and until another governor shall be 
elected and qualitied; hut he shall not be eligible for more than four 
years in any term of eight years. He shall be at least thirty years 
of age, and have been a citizen of the United States thirty years; 
two years of which next preceding his election he shall have resided 
within the limits of this state. 

Sec. 4. He shall, from time to time, give the general assembly in- 
formation of the state of the government, and recommend to iheir 
consideration such measures as he shai^deem expedient. 

Sec. 5. He shall have power to grant reprieves and pardons after 
conviction, except in cases of impeachment. 

Sec 6. The ejovernor shall, at stated times, receive a salary for 
his services, which shall neither be increased nor diminished during 
the term for which he shall have been elected. 

Sec. 7. He may require information in writing from the officers in 
the executive department, upon any subject relating to the duties of 
their respective offices, and shall take care that the laws be faithfully 
executed. 

Sec. S. When any officer, the right of whose appointment is, by this 
constitution, vested in the general assembly, or in the governor and 
se: ate, shall, during the recess, die, or bis office, by an\ means, become 
vacant,* the governor shall have power to fill such vacancj, by grant- 
ing a commission which shall expire at the end of the next session of 
the general assembly. 

Sec 9. He may, on extraordinary occasions, convene the general 
assembly by proclamation, and shall state to them when assembled, 
the purpose for which they shall have been convei 

Sec. 10. He shall be commander in chief of the army and navy of 
this state, and of the militia, except when they shall be called into 
the service of the United States. 

Sec 11. There shall be elected in each and every county in the 
said state, by those who are qualified lo vote for members of the gen- 
eral assembly, and at the same times and places where the election 
for such members shall be held, one sheriff and one coroner, whose 
election shall be subject to such rules and regulations as shall be pre- 
scribed by lav/. The said sheriffs and coroners respectively, when 
elected, shall continue in office two years, be subject to removal and 
disqualification, and such other rules and regulations as may be, from ' 
time to time, prescribed by law. 

Sec 12. In case of disagreement between the two houses with re- 
spect to the time of adjournment, the governor shall have power to 
adjourn the general assembly to such time as he thinks proper, pro- 
vided it be not to a period beyond the next constitutional mee|jng of 

the same. 

Sec 13. A lieutenant-governor shall be chosen at every election 
for governor in the same manner, continue in office for #te same 
time^and possess the same qualifications. In voting for governor and 



STATE CONSTITUTION. 

lieutenant-governor, the electors shall distinguish whom they vote for 
as governor, and whom as lieutenant-governor. 

Sec. 14. He shall by virtue of his office be speaker of the senate, 
i right when in committee of the whole to debate, and vote on 
all -ubjects; and whenever the senate are equally divided, to give the 
casting vote. 

Sec. 15. Whenever the government shall he administered by the 
lieutenant-governor, or he shall be unable to attend as speaker of the 
senate, the senators shall elect one of their own members as speaker 
for that occasion; and if during the vacancy of the office of governor, 
the lieutenant-governor shall be impeached, removed from office, re- 
fuse to qualify, or resign or die, or be absent from the state, the speak- 
er of the senate shall in like manner administer the government. 

Sec. 1C. The lieutenant-governor, while he acts as speaker of the 
senate, shall receive for his services the same compensation, which 
shall for the same period be allowed to the speaker of the house of 
representatives and no more: and during the time he administers the 
government as governor, he shall receive the same compensation 
which the governor would have received had he been employed in 
the duties of his office. 

Sec. 17. If the lieutenant-governor shall be called upon to ad! 
minister the government, and shall, whilein such administration resign, 
die or be absent from the state during the recess of the general as- 
sembly, it shall be the duty of the secretary for the time being, to con- 
vene the senate for the purpose of choosing a speaker. 

Sec 18. In case of an impeachment of the governor, his removal 
from office, death, refusal to qualify, resignation or absence from the 
state, the lieutenant-governor shall exercise all the power and author- 
ity appertaining to the office of governor, until the time pointed out 
by this constitution for the election of governor shah arrive, unless 
the general assembly shall provide by law for the election of a gover- 
nor to fill such vacancy. 

Sec. 19. The governor for the time being and the judges of the 
supreme court or a major part of them, together with the governor, 
shall be and are hereby constituted a council to revise ail bills about 
to be passed into laws by the general assembly; and for that purpose 
shall assemble themselves from time to time when the general assem- 
bly shall be convened; for which nevertheless they shall not receive 
any salary or consideration under any pretence whatever; and all bills 
which 'nave passed the senate and house of representatives shall, be- 
fore they become laws, be presented to the said council for their re- 
visal and consideration; and if upon such revisal and consideration, 
it should appear improper to the said council or a majority of them, 
that the bill should become a law of this state, they shall return the 
same^togcther with their objections thereto in writing to the senate or 
house of representatives (in whichsoever the same shall have originated) 
who snail enter the objections set down by the council at larcre in 
♦heir minutes, and proceed to reconsider the ey.id bill. But if after 



34 STATE CONSTITUTION. 

such reconsideration the said senate or house of representatives shall, 
notwithstanding the said objections, agree to pass the same by a ma- 
jority of the whole number of members elected; it shall, together 
with the said objections, be sent to the other branch of the general as- 
sembly, where it shall also be reconsidered : and if approved by a 
majority of all the members elected, it shall become a law. If any bill 
shall not be returned within ten days after it shall have been presen- 
ted, the same shall be a law; unless the general assembly shall by 
their adjournment render a return of the said bill in ten days imprac- 
ticable; in which case the said bill shall be leturned on the first day 
of the meeting of the general assembly, after the expiration of the 
said ten days, or be a law. 

^ Sec. 20. The governor shall nominate, and by and with the ad- 
vice and consent of the Senate appoint a secretary of state, who shrill 
keep a fair register of the official acts of the governor, and when re- 
quired, shall lay the same a><d all papers, minutes and vouchers, rela- 
tive thereto, before either branch of the general assembly, and shall 
perform such other duties as shall be assigned him by law. 

Sec. 21. The state treasurer and public printer or printers for the 
state shall be appointed biennially by the joint vote of both branches 
of the general assembly: Provided, That during the recess of the 
same, the governor shall have power to fill such vacancies as may hap- 
pen in either of said offices. 

Sec 22. The governor shall nominate, and by and with the ad- 
vice and consent of the senate, appoint all officers whose offices are 
established by this constitution, or shall be established by law, and 
whose appointments are not herein otherwise provided for: Provided 
however, That inspectors, collectors and their deputies, surveyors 
of the highways, constables, jailors and such inferior officers whose 
jurisdiction maybe confined within the limits of the county, shall be 
appointed in such manner as the general assembly shall prescribe. 

ARTICLE IV. 

Sec. 1. The judicial power of this state shall be vested in one su- 
preme court, and such inferior courts as the general assembly shaU 5 
from time to time, ordain and establish. 

Sec 2. The supreme court shall be holden at the seat of govern- 
ment, and shall have an appellate jurisdiction only, except in cases re- 
lating to the revenue, in eases of mandamus, and in such eases of im- 
peachment as may be required to be tried before it. 

Sec. 3. The supreme court shall consist in a chief justice and three 
associates, any two of whom shall form a quorum. The number cf 
justices maj T , however, be increased by the general assembly after the 
year one thousand eight bundled and twenty-four. 

Sec 4. The justices of the supreme court and the judges M the 
inferior courts shaJH)e appointed by joint ballot of both branches of 
the general assembly, and commissioned by the governor, and shall 



STATE CONSTITUTION. ^ 

hold their offices during good behavior until the end of the first session 
general assembly, which shall be begun and held after the first 
day of January, in the year of our Lord one thousand eight hundred 
and twenty-four, at which time their commissions shall expire: and 
until the expiration of which time, the said justices, respectively, 
shall hold circuit courts in the several counties, in such manner and 
at such times, and shall have and exercise such jurisdiction as the 
general assembly shall by law prescribe. But ever after the afore- 
said period, the justices of the supreme court shall be commissioned 
during good behavior, and the justices thereof shall not hold circuit 
courts unless required by law. 

Sec. 5. Trie judges of the inferior courts shall hold their offices 
during good behavior, but for any reasonable cause which shall not 
be sufficient ground for impeachment, both the judges of the supreme 
and inferior courts shall be removed from office on the address of two- 
thirds of each branch of the general assembly: Provided always, that 
no member of either house of the general assembly, nor any person 
connected with a member by consanguinity, or affinity, shall be ap- 
pointed to fill the vacancy occasioned by such removal. The said 
justices of the supreme court, during their temporary appointments, 
shall receive an annual salary of one thousand dollars, payable quar- 
ter yearly out of the public treasury. The judges of the inferior 
courts, and the justices of the supreme court who may be appointed 
after the end of the first session of the general assembly, which snail 
be begun and held after the first day of January, in the year of our 
Lord one thousand eight hundred aud twenty-four, shall have ade- 
quate arid competent salaries, which shall not be diminished during 
their continuance in office. 

Sec. 6. The supreme court, or a majority of the justices thereof, 
the circuit courts, or the justices thereof, shall, respectively, appoint 
their own clerks. 

Sec. 7. All process, writs and other proceedings shall run in the 
name of "the people of the state of Illinois.'' All prosecutions shall be 
carried on "m the name and by the authority of the people of the state of 
Illinois" and conclude "against the peace and dignity of the same." 

Sec. 8. A competent number of justices of the peace shall be ap- 
pointed in each county in such manner as the general assembly may 
direct, whose time of service, power and duties shall be regulated and 
defined by law. And justices of the peace, when so appointed, shall 
be commissioned by the governor. 

ARTICLE V. 

. 1. The militia of the state of Illinois shall consist of all free 
male able bodied persons, negroes, mulattoes and Indians excepted, 
resident in the state, between the ages of eighteen and forty-five years, 
except such persons as now are, or hereafter may be exempted by 
the laws of the United States or of this state, and shall be armed, 



3G STATE CONSTITUTION. 

equipped and trained as the general assembly may provide by law. 

Sec. 2. No person or persons, conscientiously scrupulous of bear- 
ing arms, shall be compelled to do militia duty in time of peace, pro- 
vided such person or persons shall pay an equivalent for such exemp- 
tion. 

Sec. 3. Company, battalion and regimental officers, staff officers 
excepted, shall be elected by the persons composing their several com- 
panies, battalions and regiments. 

Sec 4. Brigadier and major-generals shall be elected by the offi- 
cers of their brigades and divisions respectively. 

Sec 5. All militia officers shall be commissioned by the governor, 
and may hold their commissions during good behaviour, or until they 
arrive at the age of sixty years. 

Sec 6. The militia shall, in all cases, except treason, felony, or 
breach of the peace, be privileged from arrest during their attendance 
at musters and elections of officers, and in going to and returning 
from the same. 

ARTICLE VI. 

Sec 1. Neither slavery nor involuntary servitude shall hereafter 
be introduced into this state, otherwise than for the punishment of 
crimes, whereof the party shall have been duly convicted; nor shall 
any male person, arrived at the age of twenty-one years, nor female 
person, arrived at the age of eighteen years, be held to serve any per- 
son as a servant, under any indenture hereafter made, unless such 
person shall enter into such indenture while in a state of perfect free- 
dom, and on condition of a bona fide consideration received or to be 
received for their service. Nor shall any indenture of any negro or 
mulatto hereafter made and executed out of this state, or if made in 
this state, where the term of service exceeds one year, be of the least 
validity, except those given in cases of apprenticeship. 

Sec 2. No person bound to labor in any other state, shall be hired to 
labor in this state, except within the tract reserved for the salt works near 
Shawneetown; nor even at that place for a longer period than one 
year at any one time; nor shall it be allowed there after Hie year 
one thousand eight hundred and twenty-five: any violation of this ar- 
ticle shall effect the emancipation of such person from his obligation 
to service. 

Sec 3. Each and every person who has been bound to service by 
contract or indenture in virtue of the laws of the Illinois Territory 
hcrctofore existing, and ia conformity to the provisions of the same, 
without fraud or collusion, shall be held to a specific performance of 
their contracts or indentures; and such negroes and mul.tUoes as have 
been registered in conformity with the aforesaid laws shall serve out the 
lime appointed by said laws: provided however, that the children here 
after born of such persons, negroes or mulattoes, shall become free, the 
males at the age of twenty-one years, the males at the nge of eighteen 
years. Each and every child born of indentured parent?. shall b< 



STATE CONSTITUTION. 37 

tcred with the clerk of the county in which they reside hy their owners T 
witninsix months after the birth of said child. 

ARTICLE VII. 

Sec. 1. Whenever two-thirds of the general assembly shall think 
it necessary to alter or amend this constitution, they shall recommend 
to the electors at the next election of members to the general assem- 
bly to vote for or against a convention; and if it shall appear that a 
majority of all the citizens of the state voting for representatives have 
voted for a convention, the general assembly shall, at their next ses- 
sion, call a convention, to consist of as many members a. there may 
be in the general assembly: to be chosen in the same manner, at the 
same place and by the same electors that choose the general assem- 
bly, and which convention shall meet within three months after the 
said election, for the purpose of revising, altering or amending this 
constitution. 

ARTICLE VIII. 

That the general, great and essential principles of liberty and free 
government may be recognized and unalterably established, we de- 
clare, 

Sec. 1. That all men arc born equally free and independent, and 
have certain inherent and indefeasible rights; among which are those 
of enjoying and defending life and liberty, and of acquiring, possess- 
ing and protecting property and reputation, and of pursuing their own 
happiness. 

Sec. 2. That all power is inherent in the people, and all free gov- 
ernments are founded on their authority and instituted for their peace, 
safety and happiness. 

Sec 3. That all men have a natural and indefeasible right to wor- 
ship Almighty God according to the dictates of their own consciences; 
that no man can of right be compelled to attend, erect or support any 
place of worship, or to maintain any ministry against his consent; that 
no human authority can in any case whatever control or interfere with 
the rights of conscience; and that no preference shall ever be given 
by law to any religious establishments or modes of worship. 

Sec. 4. That no religious test shall ever be required as a qualif. 
catiou to any office or public trust under this state. 
Sec. .5. That elections shall be fvcm and equal. 
Sec 6. That the right of the trial by jury shall remain inviolate. 
Sec 7. That the people shall be secure in their persons, houses, 
papers and possessions from unreasonable searches and seizures; and 
that general warrants whereby an officer may be commanded to search 
suspected places without evidence of the fact committed, or to seize 
any person or persons not named, whose offences are not particularly 
described and supported by evidence, are dangerous to liberty, and 
0Ogbt oo1 to be granted. 



^ STATE CONSTITUTION. 

Sec. S. That no freeman shall be imprisoned or disseized of hii: 
ireebold, liberties or privileges, or outlawed or exiled, or in any man- 
ner deprived of his life, liberty or property, but by the judgment of 
his peers or the law of the land. And all lands which have been 
granted as a common to the inhabitants of any town, hamlet, village 
or corporation, by any person, body politic or corporate, or by any 
government having power to make such grant, shall forever remain 
common to the inhabitants of such town, hamlet, village or corpora- 
tion: and the said commons shall not be leased, sold or divided under 
any pretence whatever: Provided however, that nothing in this sec- 
tion shall be so construed as to affect the commons of Cahokia or 
Prairie du Pont: Provided also, that the general assembly shall have 
power and authority to grant the same privileges to the inhabitants 
of the said villages of Cahokia and Prairie du Pont as are hereby 
granted to the inhabitants of other towns, hamlets and villages. 

Sec. 9. That in all criminal prosecutions, the accused hath a right 
to be heard by himself and counsel; to demand the nature and cause 
of the accusation against him; to meet the witnesses face to face; to 
have compulsory process to compel the attendance of witnesses in his 
favor. And in prosecutions by indictment or information, a speedy 
public trial by an impartial jury of the vicinage: and that he shall 
not be compelled to give evidence against himself. 

Sec 10. That no person shall, for any indictable offence, be pro- 
ceeded against criminally by information, except in cases arising in 
the land or naval forces, or the militia when in actual service, in 
time of war or public danger, by leave of the courts, for oppression 
or misdemeanor in office. 

Sec. 11. No person shall, for the same offence, be twice put io 
jeopardy of his life or limb; nor shall any man's property be taken or 
applied to public use, without the consent of his representatives in the 
general assembly, nor without just compensation being made to him. 

Sec 12. Every person within this state ought to find a certain re- 
medy in the laws, for all injuries or wrongs which he may receive in 
his person, property or character; he ought to obtain right and jus- 
lice freely and without being obliged to purchase it, completely and 
without denial, promptly and without delay, conformably to the laws. 

Sec 13. That all persons shall be bailable by sufficient sureties, 
unless for capital offences, where the proof is evident or the presump- 
tion great; and the privilege of the writ of habeas corpus shall not be . 
suspended* unless when in cases of rebellion or invasion, the public 
safety may require it. 

Sec 14. All penalties shall be proportioned to the nature of the 
offence, the true design of all punishments being to reform, not to ex- 
terminate, mankind. 

Sec 15. No person shall be imprisoned for debt, unless upon refu- 
sal to deliver up his estate for the benefit of his creditors, in such 
manner as shall be prescribed by lav;, or iu cases where there is strong 
presumption of fraud. 



STATE CONSTITUTION. 39 

Sec. 10. No ex post facto law, nor any law impairing the validity of 
contracts shall ever be made; and no conviction shall work corrup- 
tion of blood or forfeiture of estate. 

Sec. 1 7. That no person shall be liable to be transported out of this 
state for any offence committed within the same. 

Sec. 1 8. That a frequent recurrence to the fundamental principles 
of civil government is absolutely necessary to preserve the blessing:; 
of liberty. 

Sec. 19. That the people have a right to assemble together in a 
peaceable manner to consult for their common good, to instruct their 
representatives, and to apply to the general assembly for redress of 
grievances. 

Sec 20. That the mode of levying a tax shall be by valuation, so 
that every person shall pay a tax in proportion to the value of the 
property he or she has in his or her possession. 

Sec. 21. That there shall be no other banks or monied institutions 
in this state but those already provided by law, except a state bank 
and its branches, which may be established and regulated bv the gen- 
eral assembly of the state as they may think proper. 

Sec. 22. The printing presses shall be free to every person whe 
undertakes to examine the proceedings of the general assembly or of 
any branch of government; and no law shall ever be made to restrain 
the right thereof. The free communication of thoughts and opinions 
is one of the invaluable rights of man, and every citizen may freely 
speak, write and print on any subject, being responsible for the abuse 
of that liberty. 

Sec. 23. In prosecutions for the publication of papers investigating 
the official conduct of officers, or of men acting in a public capacity, 
or where the matter published is proper for public information, the 
truth thereof may be given in evidence. And in all indictments for 
I libels the jury shall have the right of determining both the law and 
the fact- under the direction of the court as in other cases. 



Sec. 1. That no inconveniences may arise from the change of a 
territorial to a permanent state government, it is declared by the con- 
vention, that all rights, suits, actions, prosecutions, claims and con- 
tracts, both as it respects individuals and bodies corporate, shall con- 
tinue as if no change had taken place in this government in virtue of 
the laws now in force. 

Sec. 2. All fines, penalties and forfeitures due and owing to the 
territory of Illinois shall enure to the use of the state. All bonds ex- 
ecuted to the governor, or to any other officer in his official capacity 
in the territory, shall pass over to the governor or to the officers of the 
state, and their successors in office, for the use of the state, by him or 
by them to be respectively assigned over to the use of thoee concerned-, 
is the case may be. 



10 STATE CONSTITUTION. 

Sec. 3. No sheriff, or collector of public moneys, shall be eligible 
to any office in this state, until they have paid over according to law, 
all moneys which they may have collected by virtue of their respective 
offices. 

Sec. 4. There shall be elected in each county three county com- 
missioners for the purpose of transacting all county business, whose 
time of service, power and duties shall be regulated and defined by 
law. 

Sec. 5. The governor, secretary and judge?, and all other officers 
under the territorial government shall continue in the exercise of the 
duties of their respective departments until the said officers are su- 
perceded under the authority of this constitution. 

Sec. 6. The governor of this state shall make use of his private 
seal, until a state seal shall be provided. 

Sec. 7. The oaths of office herein directed to be taken, may be 
administered by any justice of the peace until the general assembly 
shall otherwise direct. 

Sec. 8. Until the first census shall be taken as directed by this con- 
stitution, the county of Madison shall be entitled to one senator and 
three representatives; the county of St. Clair, to one senator and 
three representatives; the county of Bond, to one senator and one 
representative; the county of Washington, to one senator and one re- 
presentative ; the county of Monroe, to one senator and one representa^ 
tive; the county of Randolph, to one senator and two representatives; 
the county of Jackson, to one senator and one representative: the 
counties of Johnson and Franklin to form one senatorial district, and 
to be entitled to one senator, and each county to one representative; 
the county of Union, to one senator and two representatives; the 
county of Pope, to one senator and two representatives; the county 
of Gallatin, to one senator and three representatives; the countyof 
White, to one senator and three representatives; the county of Ed- 
wards, to one senator and two representatives; and the countyof 
Crawford, to one senator and two representatives. 

Sec. 9. The president of the convention shall issue writs of election, 
directed to the several sheriffs of the several counties, or in case of 
the absence or disability of any sheriff, then to the deputy sheriff and in 
case of the absence or disability of the deputy sheriff tfien such writ 
to be directed to the coroner, requiring them to cause an election to 
beheld for governor, lieutenant-govenor, representative to the present 
congress of the United States, and members to the general assembly, 
and sheriffs and coroners, in the respective counties; sura election to 
commence on the third Thursday of September next, and to contin- 
ue for that and the two succeeding days; and which election shall be 
conducted in the manner prescribed by the existing election laws of 
the Illinois Territory; and the said governor, lieutenant-governor, 
members of the several assembly, sheriffs and coroners, then duly 
elected, shall continue to exercise theduties of their respective offices 



STATE CONSTITUTION. 41 

Cor the time prescribed by this constitution, and until their successor 
or successors are qualified, and no longer. 

Sec. 10. An auditor of public accounts, an attorney general, and 
such other officers for the state as may be necessary, may be appoint- 
ed by the general assembly; whose duties may be regulated by law. 

Sec. 11. It shall be the duty of the general assembly to enact such 
laws as may be necessary and proper to prevent the practice of duel- 
ling. 

Sec. 12. All white male inhabitants above the age of twenty-one 
years, who shall be actual residents of this state, at the signing of this 
constitution, shall have a right to a vote at the election to be held on 
the third Thursday and the two following days of September next. 

Sec 13. The seat of government for the state shall be at Kaskas- 
kia until the general assembly shall otherwise provide. The general 
assembly, at their first session holden under the authority of this con- 
stitution, shall petition the congress of the United States, to grant to 
this state a quantity of land, to consist of not more than four, nor less 
than one section, or to give to this state the right of pre-emption in 
the purchase of the said quantity of land. The said land to be situate 
on the Kaskaskia river, and as near as may be, east of the third prin- 
cipal meridian on said river. Should the prayer of such petition be 
granted, the general assembly, at their next session thereafter, shall 
provide for the appointment of five commissioners to make the selec- 
tion of said land so granted; and shall further provide for- laying 
out a town upon the land so selected; which town, so laid out, shall 
be the seat of government of this state for the term of twenty years. 
Should, however, the prayer of said petition not be granted, the gene- 
ral assembly shall have power to make such provision for a permanent 
seat of government as may be necessary, and shall fix the same where 
they may think best. 

Sec. 14. Any person of thirty years of age who is a citizen of the 
United States and has resided within the limits of this state two years 
next preceding his election, shall be eligible to the office of lieutenant- 
governor — any thing in the thirteenth section of the third article of 
this constitution contained to the contrary notwithstanding. 

Done in Convention at Kaskaskia, the twenty-sixth day of August, 
in the year of our Lord one thousand eight hundred and eighteen, 
and of the Independence of the United States of America, the 
forty-third. 

fv testimony whereof, we have hereunto subscribed our names. 

JESSE B. THOMAS, President of the Convention and representa- 
tive from the county of St, Clear. 



John Messin^er, ) ~ „, 

T.,™^ t • t St. Clair county. 

James JLemen, jr. ) a 

George Fisher, > n , 7 , . 

Ellas Kent Kane. \ *»*** C0UnUu 



<*2 ORDINANCE, 



J 



B. Stephenson, 

Joseph Borough, ^ Madison county, 

Abraham Prickett, 

Michael Jones, 

Leonard White, ^ Gallatin county. 

Adolphus Frederick Hubbard,) 

Hczekiah West, ) , , 

William MTatridge, J Johnm C0W ^' 

SethGard, > r . . 

Lo»; r> ~ \ i Lawaras county. 
evi Lompton, ) J 

Willis Hargrave, > „ rL ., , 

William JlWy,} « %te "" n ^- 

Samuel Omelveny,) r» „ , 

H, , ^ J '\ rope county. 

amlet £ erguson, J ^ ^ 

Conrad Will, > r . 

t xj n • 5- Jackson county. 

James Hall, jr. $ ^ 

Joseph Kitchell,) ^ - , 

Ed. N. Cullom, \ Craw f urd """*■ 

Thos. Kirkpatrick.) n , 

Samael <S. Morse, \ Bond county. 

William Echols, ) rT . 
Join Whiteakar.j Union county. 
Andrew Bankson, Washington county. 
Fniiam Harrison, ) r, , ,. 
Thomas Roberts, \ Fra > M ™ ^'"'^ 

ATTEST 

WM! C. GREENUP, 

Secretary to the Convention. 



AN 021BZ2?AHCE. 

Whereas, the Congress of the United States, in the act entitled 
u An act to enable the people of the Illinois territory to form a consti- 
tution and state government, and for the admission of such state into 
the union on an equal footing with the original states, passed the 18th 
of April, 1818,*' have offered to this convention for their free acceptance 
or rejection, the following propositions, which if accepted .by the con- 
vention are to be obligatory upon the United States, viz: 

"1st. That section numbered sixteen in every township, and when 
such section has been sold, or otherwise disposed of, other lands equiv- 
alent thereto, and as contiguous as may be, shall be granted to the 
state for the use of the inhabitants of such township for the use of 
schools. 

2d. That all salt springs within such state, and the lands reserved 



ORDINANCE. 

ibr the use of the fame shall be granted to the said state for the use 
of the said state, and the same to be used under such terms and con- 
ditions and regulations as the legislature of s?id state shall direct; 
provided the legislature shall never sell nor lease the same for a long- 
er period than ten years at any one time. 

3d. That five per rent, of the nett proceeds of the lands lying with- 
in such state, and which shall be sold by congress from and after the 
first day of January, one thousand eight hundred and nineteen, after 
deducting all expenses incident to the same, shall be reserved for the 
purposes following, viz: Two-fifths to be disbursed under the direc- 
tion of congress, in making roads leading to the state; the residue to 
be appropriated by the legislature of the state for the encouragement 
of learning, of which one-sixth part shall be exclusively bestowed on 
a college or university. 

4th. That thirty-six sections or one entire township, which shall 
be designated by the president of the United States, together with 
the one heretofore reserved for that purpose, shall be reserved for 
the use of a seminary of learning, and vested in the legislature of the 
said state, to be appropriated solely to the use of such seminary by 
the said legislature.'' 

And whereas, the four foregoing propositions are offered on the 
condition that this convention shall provide by ordinance, irrevocable 
without the consent of the United States, that every and each tract of 
land sold by the United States, from and after the first day of Janu- 
ary, 1819, shall remain exempt from any tax laid by order, or under 
the authority of the state, whether for state, county or township, or 
any other purpose whatever, for the term five years, from and after 
the day of sale. And further, that the bounty lands granted, or 
hereafter to be granted for military services during the late war, shall, 
while they continue to be held by the patentees or their heirs, remain 
exempt as aforesaid from all taxes for the term of three years from 
and after the date of the patents respectively; and that all the lands 
belonging to the citizens of the United States, residing without the 
said state shall never be taxed higher than lands belonging to per- 
sons residing therein. 

Therefore, this convention, on behalf of, and by the authority of 
the people of the state, do accept of the foregoing propositions;, and 
do further ordain and declare, that every and each tract of land sold, 
by the United States, from and after the first day of January, 1819, 
3hall remain exempt from any tax laid by order, or under any au- 
thority of the state, whether for state, county or township, or any pur- 
pose whatever, for the term of five years from and after the day of 
sale. And that the bounty lands granted, or hereafter to be granted, 
for military services during the late war, shall, while they continue to 
be held by the patentees or their heirs, remain exempt, as aforesaid, 
from all taxes for the term of three years from and after the date of 
the patents respectively; and that all the lands belonging to the citi- 
zen! of the United States, residing without the said state, shall never 



44 ORDINANCE. 

be taxed higher than lands belonging to persons residing therein.-^-* 
And this convention do further ordain and declare, that the foregoing 
ordinance shall not be revoked without the consent of the United 
States. 

Done in Convention at Kaskaskia, the twenty-sixth day of August, 
in the year of our Lord one thousand eight hundred and eighteen, 
and of the Independence of the United States of America, the 
forty-third. 

JESSE B. THOMAS, 
President of the Convention* 

ATTEST, 

WM. C. GREENUP, 

Secretary to the Convention, 



STATUTE LAWS 

OF THE 

STATE OP ILLINOIS, 

REVISED AND PUBLISHED UNDER THE DIRECTION AND AUTHOR- 
ITY OF THE GENERAL ASSEMBLY. 



ABATEMENT. 

AX A CT relative to pleas in abatement, and the abatement of In fo . r f ce lg3 - 
suits by the death of parties* 

Section 1. Be it enacted by the People of the State of Mi- . 
nois represented in the General Assembly, That no plea in m ent not rV' 
abatement, other than a plea to the jurisdiction of the ceived unless 
court, or where the truth of such plea appears of record, OI1 oath * 
shall be admitted or received, unless the party offering the 
same, file an affidavit of the truth thereof. And where a costs award, 
plea in abatement shall, upon argument, be determined e<! on insuffi. 
insufficient, the plaintiff shall recover full costs, to the cient l lleas - 
time of overruling such plea. 

Sec 2. When one or more of the parties of a company, S(lilg a?a ; nst 
or association of individuals, shall be sued, and the person companies not 
or persons so sued, shall plead in abatement, that all the !° *^ it 
parties are not joined in the suit, such suit, for that cause, forthwith issu- 
shall not abate, if the plaintiff or plaintiffs, forthwith sue \ d against 

• f ,i ii j • j.u those not joio- 

out a summons against the other partners named in the e( j 
plea of abatement, and on the return of the summons, 
may insert in the declaration, the names of the other part- 
ners named in such plea, and proceed in all respects there- 
after, as though such other partners named in said plea 
had been included in the original suit. And if such part- J^PJ 1 **^^ 11 " 
ners named in said plea, cannot be found, the plaintiff or it may besu£. 
plaintiffs, upon the return of the said summons, may sug- gested, &c. 
gest in his declaration the names of those not found, and 
proceed as in other cases where service is only made on „ 
part of the defendants. An no other plea in abatement h, abatement 
for non joinder of defendants shall be allowed in the allowed- 
case. 

Sec. 3. No action commenced by a single woman, who 
intermarries during the pendency thereof, shall abate on bate by Toar.. 
account of such marriage: Provided, the husband shall "age. 
appear in court, and cause such marriage to be suggested . 
on the record, and the suit may then proceed in the same rovl!C '" 
manner as if it had been commenced after such marriage. 



46 ABATEMENT. 

Wbwieath' Sec ' 4 ' When an y action sha11 be Pending in any of the 
of plaintiff if, courts of this state, and the plaintiff, before final judg- 
u ° "1 d Xe » C ment ' sna11 die ' tnc samc sna11 not abate, if it might origin- 
istrator, "*'" a % nave Deen prosecuted by his executor or administra- 
tor; and in such case the executor or administrator may 
may prose- suggest such death on the record, and enter his, her or 

cute the same tl ie j r names j n the su j t? ^ p rosecute tne game . And if 
Same if de- * ne defendant, while the action shall be pending in court, 
fendant die, if and before final judgment, shall die, the same shall not 
&c abate, if it might originally have been prosecuted against 

If death is sug ^ e executor or administrator. And the plaintiff, or his 
gested, sum executor or administrator, may suggest such death on the 
raous maris record, and have a summons against the executor or ad- 
proceed tofi ministrator of such deceased defendant, requiring them to 
oai judgment appear and defend the action. If the said executor or ad- 
ministrator of such deceased defendant, shall appear and 
make him, her or themselves defendants, or if they shall 
not appear and make themselves defendants, (such sum- 
mons being served on any one of them, ten days before 
the sitting of the court,) the action shall, in either case, 
proceed to final judgment according to law. And when 
Softs against a m ^ s ^ a ^ be commenced against an administrator, and 
stratois before final judgment, his letters of administration shall be 

nor ioab,;te revoked, and letters of administration be granted to an- 
o revocation ® 

ers of other person, such suit shall not abate, but the plaintiff 

administration sna ll suggest such fact upon record ; and after summons 

shall be served upon the last administrator, the suit shall 

be served on proceed to final judgment as in other cases under this 

last adminis- act. 

Sec. 5. In any action pending before any court, if there 

Death not to ^ e * wo or more plaintiffs or defendants, and one or more 

abate suits., of them die before final judgment, if the cause of action 

sreVwo 11 ^ 6 surv ' ve to the surviving plaintiff or plaintiffs, or against 

more piffs or the surviving defendant or defendants, the writ or action 

defendants if s \ m \[ no t abate, but such death being suggested on the re- 
came of action * ,. . , ,, i ° °° 

survive, cord, tne action shall proceed. 

Sec. 6. The third, fourth and fifth sections of this act 
Writs of error shall he applicable to all appeals and writs of error, 
deluded g EC# ?< T j ie act ent i t i e( i i;An act concerning the abate- 

Act of 1819 mcnt °f Sll ^ s hy the death of parties," approved February 
repealed G, 1819, is hereby repealed. 

[Approved, 30th Dec. 1826.] 



47 
ACCOUNT. 

AN ACT to regulate Actions of Account. f D for ce *«*« 

° J 1st, 1827. 

Section 1 . Be it enacted by the People of the State of 
Illinois represented in the General Assembly, That when Action of ac- 
o e or more joint tenants, tenants in common or coparce- count extendi 
ners, in real estate, or any interest therein, shall take, use ^ n t° u J s 01 "en- 
or have the benefit thereof, in greater proportion than his, antsincom- 
her or their interest therein, such person or persons, or his mon ** co P ar - 
or their executors and administrators, shall be liable to ren- 
der his or their reasonable account of the use and profit 
of such estate or interest, to his and their cotenant jointly or their exe- 
and severally. Actions of account may be brought and '* u . tc ! r * or ad ~ 
maintained, by one joint tenant, tenant in common or co- min,slratcra - 
parcener, his or her executors or administrators against 
such, or any such cotenant receiving more than comes to 
his or her just share or proportion, as bailiff or bailiffs, and 
against his or her executors or administrators. 

Sec 2. Any executor, being a residuary legatee, may Residuary le- 

brin? and, maintain an action of account against his coex- ^ ■ '"'"•' 

maintain uc— 

ccutor or executors of the estate or the testator, in his or lion of account 
their hands; any other residuary legatee shall have the 
like remedy against executors and administrators. 

Sec. 3. Executors and administrators may have and Exrs& JuImrs 
maintain actions of account, in the same manner as their ^tioij^Theip 
testator or intestate might have had and maintained, if he testator or in- 
or she had lived. Such actions may be brought and main- testat ? m,ghi 
tained against the executors or administrators of every 
guardian, bailiff or receiver. 

Sec. 4. When any person is or shall be liable to account, 
as guardian, bailiff or receiver, or otherwise to another, 
and will not give an account willingly, and the party to Persons liable 
whom such an account ought to be made, shall sue out a to,he action 
writ of account, and the person against whom such writ tT^auach'e? 
shall be issued, being summoned, does not appear at the 
return of the writ, then the defendant shall be attached 
by his or her body to come and render his or her account. 

Sec 5. Whenever a judgment shall be rendered against 
any defendant, in an action of account, that he do account, 
the court shall appoint not more than five, nor less than ^ttVrfnl 
three able, disinterested and judicious men as auditors, to de red auditors 
take the account, who shall be sworn faithfully and im- ,nbe a PP oin <- 
partially to take and state the account, between the par- et 
ties, and make report to the court; the auditors, or a ma- Poverofati- 
joritv of them, shall have power to appoint the time and diw»~x 
place for the hearing, and shall give reasonable notice to 
'he parties: and if the de&ndant shall neglect or refuse to 



Witnesses or 
parties 



48 ADVERTISEMENTS. 

Defendants attend at the time and place appointed and render his ac- 
pkantiff'^ic-* count; or appearing, shall not render an account, the audi- 
count to be tors shall receive a statement of the account from the 
received plaintiff and award to him the whole sum he claims to be due. 

Sec. 6. If the parties appear, and produce their books 
tfparttesap- an( j accounts before the said auditors, such auditors, or a 
co state acc'w. majority of them, shall proceed to take and state the ac- 
counts, and may take the testimony of witnesses, and ex- 
May examine amine either or both of the parties on oath respecting their 
accounts; and may administer all necessary oaths to wit- 
nesses and parties. The auditors shall liquidate and ad- 
just the accounts and state the balance and to whom due. 
To make re- Thev, or a majority of those present, shall report to the 
P T; t, | aP d" court by whom they were appointed, at the next term there- 
mentisu>be of; and if such report shall be approved by the court, the 
rendered court shall render judgment for the amount ascertained to 
with costs ^ ^ ue ^ ^jjk C0S f. s . an( j t i ae p ar ty in whose favour the re- 
port is made, shall pay the auditors their fees, which shall 
Party refus- be taxed as costs. If either party shall refuse to be sworn, 
faig to be or answer proper questions respecting his account, the 
co- knitted "to auditors may commit him to jail, there to remain, until he 
jail consent to be sworn or answer the interrogatories. 

Sec. 7. Either party may appeal or prosecute a writ of 

error, from the final judgment upon tne report of the audi- 

. tors, in the same manner, and upon the same conditions. 

wallSwed" as provided by law in other cases. This act to take effect 

on the first day of June next. 

[Approved, \\th Jan. 1827.] 



ADVERTISEMENTS. 

In force Dec AN ACT concerning the publication of Advertisements. 

211, 182G. 

Sec 1 . Be it enacted by the People of the Stale of Illinois 

represented in the General Assembly, That when any notice 

« ., .or advertisement shall be required by law. or the order of 

Certificate of . , .. , , . * J ,, ,.- 

printer evi- any court, to be published in any newspaper, the certiti- 
deneeofpub- ca te of the printer or publisher, with a written or printed 
vertUement 1 ' C0 P)* of such advertisement annexed, stating the number oft 
papers «n which the same shall have been published, and* 
the dates of the first and last papers containing the same, 
shall be sufficient evidence of the publication therein set 
forth. 

Sec 2. When any notice or advertisement shall be du- 



Advertise- 
nienlsto be 



paid tor by ly published as aforesaid, relating to any cause or matter 
S?r j h " Vir ' B depending in any court of record, the same shall be paid 
•vned 116 m ~ by the party at whose instance the same shall be publish- 



AMENDMENTS ANP JEOFAILS. 49 

<ed; who may exhibit his account therefor, to the proper 
court, which account, or s<> much thereof as shall be deem- a »jdt» bett- 
ed reasonable, may he taxed as costs, or otherwise allow- 
ed in the course of the proceeding to which such adver- 
tisement relates. And when such advertisement shall he Public advt. 
made by any public officer, authorised by law so to do, i(> be ? &i ! ^ or 
the reasonable expense thereof, shall he allowed and paid CO unty treasti- 
out of the state or county treasury, as other demands and ry 
charges of the like nature. 

[Approved, Dec. 2Qth, 1826-3 



ALIENS. 
AN ACT to enable Aliens to hold real estate. %^m. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That aliens may take Miens may 
and Uold real estate in this state by purchase or descent, t a°te inThe*" 
and alienate and transmit the same to their heirs or as- same manner 
signs, in the same manner as natural born citizens of this ascit,zens - 
state might or could do. 

Sec. 2. Every widow, who may. be an alien, or whose ^ ]ien w ^ ^ 
husband may have been an alien, shall be entitled to dow- entitled to 
er, according to the laws of this state, in the same manner, dower * 
as though she or her said husband were natural born citi- 
zens of this state. 

Sec. 3. "An act to authorise aliens to purchase and 
hold real estate within this state," approved February 6, ,\ c t o( isto 
1819, is hereby repealed: but rights acquired under that repealed, 
act are not hereby affected. This act to take effect on 
'he iirst day of June next. 

[Approved, 7th Feb. 1827.] 



AMENDMENTS AND JEOFAILS. 

AJY ACT concerning Amendments and Jeofails. In force ut 

Sec 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That, by the misprision Misprision of 
of a clerk, in any place wheresoever it be, no record or acicrknotto 
process shall be annulled or discontinued, by mistaking, or tl ,.ecord° CC 
in writing, one syllable or one letter too much or too little; 
but as soon as the thing is perceived, by challenge of the 
party, or in other manner, it shall be immediately abiend- 
7 



00 



AMENDMENTS AND JEOFAILS. 



Power of 
«om*t to a- 
meiid plead— 

TOgS 



Conris may 
correct mis- 
prisions of 
sheriffs and 

oihers 



ed in due form, without giving advantage to the party 
that challenges the same, hecause of such misprision; and 
the court before whom such plea or record is made, or 
shall be depending, as well by adjournment, as byway of 
appeal, or error, or otherwise, shall have power and au- 
thority, to amend such record and process as aforesaid, 
as well after judgment, in any suit, plea, record or pro- 
cess given, as before judgment, as long as the same re- 
cord and process is before them. 

Sec 2. The court in which any record, process, decla- 
ration, count, plea, warrant of attorney, writ, pannel or 
return is or may be, while the same remains before them, 
shall have power to examine such records, processes, de- 
clarations, counts, pleas, warrants of attorney, writs, pan- 
nels and returns, by them and their clerks, and amend (in 
affirmance of judgments of such records and processes) all 
that which, to them in their discretion, secmeth to be mis- 
prision of the clerks therein; so that by such misprision 
of the clerks, no judgment shall be reversed or annulled. 
And if any record, process, declaration, count, plea, war- 
rant of attorney, writ, pannel or return be certified defec- 
tive, otherwise than according to the writing which there- 
of remaineth in the offices, courts or places from whence 
they are certified, the parties, in affirmance of the judg- 
ments of such records and process, shall have advantage 
to allege that the same writing is variant from the said 
certificate: and that being found and certified, the same 
variance shall be, by the said court, reformed and amend- 
ed according to the first writing. 

Sec. 3. The courts before whom any misprision or de- 
fault is, or shall be found, in any record or process, which 
is, or hereafter shall be depending before them, as well 
by way of appeal or error, as otherwise, or in the returns 
(the same made or to be made by sheriffs, coroners or any 
other) by misprision of the clerk of any of the said courts, 
or by misprision of the sheriffs, under-sheriffs or deputies, 
coroners or their clerks, or other officers, clerks, or other 
miviisters whatsoever, shall have power to amend such de- 
faults or misprisions according to their discretion, and,by 
examination thereof by the said courts, to be taken when 
they shall think needful; and all such amendments may 
be made as well after a judgment given upon verdict, 
confession, nihil dicit, or non sum informatics, as upon mat- 
ter of law pleaded. 

Sec. 4. For errors assigned, or to be assigned in any 
record, process, warrant of attorney, writ original or judi- 
cial, pannel or return, for that in any places of the same 
there be erasures or interlineations, or that there be any 



AMENDMENTS AND JEOFAILS. » 

addition, subtraction or diminution of words, lotters or ti- Judgments 
lies, or parcels ofletters, found in any such record, pro- y^ubr'T- 
cos, warrant of attorney, writ, panel or return, no judg- rasure'sw fo- 
ment, or record or decree, shall be reversed or annulled. terlin ^tions 
Sec. 6. Record and process, real and personal or mix- Nevf en ries 
ed, whereof judgment or decree shall be given and enroll- or clerks not 
ed, or thing- touching such pleas, shall in no wise be amend- t0 im P a "' or 
ed or impaired by new entering of the clerks, either by the &™ tn P eW 
record or things certified, in no term subsequent to that 
in which such judgment or decree is or shall be given and 
enrolled. 

Sec 6. If any issue hath been, or shall be tried by any 
court or jury, and be found for either party, in any court ^ ^ fc 
of record, then the court by whom judgment ought to be beatayed try 
given, shall proceed and give judgment in the same, any "»»P[eari»ngs 
mispleading, lack of color, insufficient pleading or jeofail, ro« in plex- 
or any miscontinuance, discontinuance, misconceiving of 'ng« 
process, misjoining of the issue, lack of warrant of attor- 
ney, or any other default or negligence of any of the par- 
ties, their counsellors or attorneys to the contrary notwith- 
standing; and the said judgments thereof, so to be had 
and given, shall stand in full strength and force, to all in- 
tents and purposes, according to the said verdict or find- 
ing, without any undoing the same by appeal, writ of er- 
ror or false judgment, in like form as though no such de- 
fault or negligence had ever been had or committed. 

Sec 7. If a verdict of a court or jury shall hereafter be After verdict 
given, for either party in any court of record, the judg- {"'{f™;^ t,ot d 
ment thereupon shall not be stayed or reversed by any toVwunu? 5 
default of form, or lack of form in any writ, original or»jii- torm&c 
dicial, count, declaration, plaint, bill, suit or demand, for 
want of any writ, or by reason of any imperfect or insuffi- 
cient return of any sheriff or other officer, or for want of 
any warrant of attorney, or by reason of any manner of 
default in process, upon, or after any aid-prayer or vouch- 
er; nor shall any such record or judgment after verdict, 
to be given hereafter, be reversed for any of the defects 
or causes aforesaid. 

Sec 3. If any verdict be rendered by the court or jury, Or for any va. 
for either party, in any court of record, the judgment ,ij,nceorlack 
thereupon shall not be stayed or reversed by reason of ot ayenoent 
any variance in form only, between the original writ or 
process and the declaration, petition, plaint or demand, or 
for lack of an averment of any life or lives of any person 
or persons, so as upon examination, the said person be 
found to be in life, or by reason that any of the persons in 
whose favour the verdict is rendered is an infant, and ap- 
peared by attorney. 



52 



AMENDMENTS AND JEOFAILS. 



Judgments 
not to be re- 
Ters r| for 
wati' of cer- 
tain allega- 
tions. 



Sec. 9. If any verdict shall hereafter be given hy a 
Court or jury for either party, in any court of record, judg- 
ment thereon shall not be stayed or reversed for any default 
in form or lack of form, or by reason that there are not pledg- 
es or but one pledge to prosecute returned upon the original 
writ, or because the name of the sheriff is not returned 
upon the original writ or process, or for default of enter- 
ing pledges upon any petition or declaration, or for default 
of alleging the bringing into court, any bond, bill, inden- 
ture or other deed or writing mentioned in the declara- 
tion or other pleading, for default of allegation of bring- 
ing into court letters testamentary or of administration, 
or by reason of the omission of the words "icith force and 
arms" or "against the peace" or for, or by reason of mis- 
taking the christian or surname of the plaintifFor defen- 
ant, demandant or tenant, sum or sums of money, day, 
month or year, by the clerk, in any bill, petition, declara- 
tion or pleading, where the right name, surname, sum, 
day, month or year, in any writ, record or proceeding, or 
on the same record where the mistake is committed, is, or 
are once truly and rightly alleged, whereunto the party 
might have demurred and shown the same for cause, nor 
for want of the averment or words "and this he is ready to 
verify" or "and this he is ready to verify by the record " or 
for not alleging, "as appears by the record" or that there 
was no right venue, so as the cause was tried by a jury of 
the proper county, or place where the action is laid, nor 
shall any judgment after verdict be reversed, for want of 
entering that the person against whom such judgment is 
given, "be in mercy" or "be taken" or by reason that the 
words "be taken" are entered for "be in mercy" or that the 
words "be in mercy" for "be taken" nor for that in the judg- 
ment "it is granted" are entered for "it is considered" nor 
for that the increase of costs, after the verdict in any ac- 
tion, are not entered at the request of the party for whom 
judgment is given, nor by reason that the costs on any 
judgmentarenotenteredtobebyconsentoftbe plaintiff; but 
all such omission, variance, defects and all other matters 
of the like nature, not being against the right of the mat- 
ters of the suit, nor whereby the issue or trial is altered, 
shall be amended by the courts, where such judgments 
are, or shall be given, or whereunto the record is or shall 
be removed by appeal or writ of error. 

Sec. 10. Where any demurrer shall be joined, and en- 
tered in any action or suit, in any court of record, the 
judges shall proceed and give judgment according as the 
very right of the cause and matter in law shall appear uu- 
to them, without regarding any imperfection, omission or 



AMENDMENTS AND JEOFAILS. 53 

defect, for want of form in any writ, return, plaint, decla- On demurrers 
ration or other pleading, process or course of proceeding eSe only the 
whatsoever, except those only which the party demurring causes set 
shall specially and particularly set down and express, to- p^y^etnuV- 
gether with his demurrer, as causes of the same, notwith- ring 
standing that such imperfection, omission or defect might 
heretofore have been take.) to be matter of substance, so 
as sufficient matter appear on the said pleadings upon 
which the court may give judgment according to the 
very right of the cause ; and therefore no advantage or ex- fectsnotcai- 
ceplion shall be taken of or for an immaterial traverse, of esofdemur- 
or for default of entering pledges upon any petition or de- rei " 
claration, or for the default of alleging the bringing into 
court any bond, bill, indenture or writing mentioned in 
the declaration or other pleadings, or of, or for the default 
of alleging the bringing into court of letters testamentary 
or of administration, or of or for the omission of the words 
"with force and arms," and "against the peace,' 1 or either of 
them, or of, or for want of the averment or words, "and 
this he is ready to verify,'''' or, "and this he is ready to verify 
by the record" or of, or for not alleging "as appears by the 
record," but the court shall give judgment according to the except speci- 
very right of the cause as aforesaid, without regarding any alI - v SfctIorlh 
such imperfections, omissions and defects, or other matter 
of iike nature, except the same shall be specially and par- 
ticularly set down and shown for cause of demurrer: and 
no judgment shall be reversed for any such imperfection, 
omission, defect or want of form, except such only as are 
before excepted. And after demurrer joined, the court 
before whom the same shall be pending may, from time to Other defects 
time, amend all and every such imperfection, omission, ^bdbrT"* 
defect and want of form as are before mentioned, other judgment 
than those only which the party demurring shall specially 
and particularly set down, together with his demurrer as 
aforesaid. 

Sec. 11. Every thing hereinbefore contained shall ex- 
tend to all judgments which shall be entered upon confes- S^ 
sion, "nil dicit" or "non sum informalus," in any court of fession not to 
record; and no such judgment shall be reversed: nor any bei j^ lsed 

:, 1 4 J . 5 n r. . ' '\ for defects 

judgment upon any writ of enquiry of damages executed which wooM 
thereon shall be staved or reversed for, or bv reason of ha * cbeen c ?^ 
any imperfection, omission, defect, matter or thing which ledb> vcrd * £ 
would have been aided and cured by this act in case a ver- 
dict had been given in such action or suit, so there be an 
original writ, duly issued according to law. Writs ofman- 

Sec. 12. This act shall extend to all suits in anv court < !; <™us&q;<o 
of record for (he recovery of any debtee the state, or inSu^this 
«nv duty or revenue thereto belonging, and also to all ;ic * 



54 APPRENTICES. 

writs of mandamus and informations in the nature of qu^ 

warranto and proceedings thereon. 
. Sec. 1A All writs of error, wherein there shall be any 

rortavbu- variance from the original record, or any other defect, may 
raended and shall be amended, and made agreeable to such record 

by the respective courts where such writs of error are or 

shall be made returnable. 
_ c Sec 14. No part of this act shall extend to any indict- 

Frovisions of , r . - ... J 

this ict not ment or presentment lor any criminal matter or process 
extended to upon the same; nor to any writ, action or information up- 
S^iTases on ' dn y P°P ular °r penal statute; nor to any outlaw, or 
process thereupon in order thereunto. 

Sec 15. All acts and parts of acts coming within the 
Acts repealed purview of this act, are hereby repealed: Provided, node- 
feet in any proceeding heretofore had, shall be cured or 
affected by the repealing clause of this act. This act to 
take effect on the first day of June next. 

[Approved, Jan, 11,1 827.] 



APPRENTICES. 

in force fust AN ACT respecting Apprentices* 

Ju! } 1827. r s ir 

♦ Sec 1. Be it enacted by the People of the State of Illinois^ 

represented in the General Assembly, That if any male per- 
Maies under son within the age of twenty-one years, or female within 
21 & lemales the age of eighteen years, now is, or shall hereafter be 
under 18 ma» bound by an indenture of his or her own free will and ac- 
cd with their cord, and by and with the consent of his or her father, or in 
own and the case f the death of his or her father, with the consent of 
their parent ms or ner mother or guardian, to be expressed in such in- 
or guardian denture, and signified by the signature and seal of such 
parent or guardian affixed to such indenture, and not other- 
wise, to serve as a clerk, apprentice or servant in any art 
or mystery, service, trade, employment, manual occupa- 
tion or labor, until he or she arrive, if male, to the age of 
twenty-one, if female, to the age of eighteen years, as the 
case may be, or for a shorter term, then the said clerk, ap- 
prentice or servant so bound as aforesaid shall serve ac- 
cordingly. Provided, That in all cases of illegitimate 
Mother the children, the mother, or in case of her death, the guar- 
guanlian ofil- dian shall be considered the proper person to give the con- 
<iSren e sent required in this section, and, provided further, that it 
shall be lawful for any male infant under the age of tvren- 
ty-onc years, or any female under the age of eighteen 
years, and who shall have no parent or guardian living in 



APPRENTICES. $* 

this state, or whose parents shall be dead, by and with the Infants having 
approbation of the judge of probate, or of any two justices .JElTy 
of the peace of the county where such infant shall reside, bind them- 
to bind himself or herself as a clerk, apprentice or servant J£ lves wit jj 
as- aforesaid, which approbation shall be endorsed on the tfonofthe 
indenture, and every such indenture shall be valid and J U,, S** ol i> r <>- 
bh ding; and one copy thereof shall be filed in the office j,,.^ & i"h e 
of the judge of probate for safe keeping. peece 

Sec. 2. When the father is not in legal capacity to give 
the consent aforesaid, or when he shall have wilfully aban- 
doned his family, for the space of six months without mak- » inca^eS- 
ing suitable provision for their support, or has become a ed the mothea 
habitual drunkard, the mother shall have the same power *™ J . bin<i tM 
to give such consent as it the father were dead; which 
facts of incapacity, desertion and drunkenness shall be de- 
cided and found in the court of probate by a jury of the The fact of 
vicinage empannelled for that purpose, before the said incapacity tc 
indenture shall take effect; and an endorsement on the jury" 6 y * 
said indenture under the seal of the court, that the same 
are approved by the court, shall be sufficient evidence of 
the mother's power to give such consent as aforesaid. But 
if the jury so empannelled as aforesaid shall not find the ProvisoasU> 
facts charged ; towit, incapacity, desertion or drunkenness, 
then the person at whose instance such proceedings may 
have been had, shall pay all costs attending the same, to 
be collected by the court of probate as costs in other cases. 

Sec. 3. It shall be lawful for any two overseers of the when over- 
poor, in any county of this state, by and with the consent of J^™ 1 ^ 
the judge of probate, or for any two justices of the peace, poor children. 
in any county of this state, to bind out any poor child, who 
is or shall be chargeable to the county, or shall beg for 
alms, or shall be unable by reason of infancy or inability, 
to take care of, and support himself or herself, or whose 
parents are or shall be chargeable to the county, or shall 
beg for alms, or the child of any poor and needy family, 
when the father is a habitual diunkard, or otherwise una- 
ble or unwilling to support his family, or if there be no fath- 
er, where the mother is of bad character, or suffers her chil- 
dren to grow up in habits of idleness, without any visible 
means of obtaining an honest livelihood, to be apprentices 
as aforesaid, according to their degree and ability, until 
such child if a male shall arrive at the age of twenty-one 
years; if a female to the age of eighteen years, and the 
indentures or articles of agreement for binding any such 
infant shall be as effectual to all intents and purposes, as if 
such infant had bound himself or herself. One copv of 
such indentures,or articles of agn t n II be filed in ,' f|" ™he 

the office of the judge of probate lot sate keeping. And probwe «*&<>*« 



56 APPRENTICES. 

it shall be the duty of the justices of the peace or judge 
of probate, to see that the terms of the said indentures 
and contracts be fulriled, and that such child be not ill us- 
ed. 
P°y e »Myrt«tn g EC# 4 # In all indentures and contracts hereafter made, 
Indentures. '" f° r tne binding or putting out of any child as a clerk, ap- 
prentice or servant, there shall always be inserted among 
other covenants, a clause to the following effect: "That 
the master or mistress, to whom such child shall be bound 
as aforesaid, shall cause such child to be taught to read 
and write, and the ground rules of arithmetic; and shall 
also give unto such apprentice, a new bible, and two new 
suits of clothes, suitable to his or her condition, at the ex- 
Proviso, as to piration of his or her term of service:" Provided, hozcever, 
rauiuweT ' That wnen sucb apprentice is a negro or mulatto child, it 
shall not be necsesarv to insert in said indentures, that 
such negro or mulatto shall be taught to write, or the 
knowledge of arithmetic. 

Sec. 5. The age of any infant who shall be bound to 
Age to be in- g er ve as a clerk, apprentice or servant, according to the 
dentures ' "" preceding sections, shall be inserted in his or her inden- 
tures. 

Sec. 6. All indentures, covenants, promises, and bar- 

Indentures (a- gains, for having, taking or keeping any clerk, apprentice 

to"his taw to or servant, hereafter to be made or taken, otherwise than 

he void. is limited and prescribed by this act, shall be utterly void 

in law, as against such clerk, apprentice or servant. 

Sec. 7. The judge of probate, or any two justices of 
The judge of {] le p eace shall at all times receive the complaints of ap- 

nrobaieoranv « 7 . . , ... . ., . ,. .. r i • i 

two justices ot prentices, who reside within the jurisdiction oi such judge 
vhe peace to or justices, against their masters or mistresses, alleging 
!I ce ', v e c T^T undeserved, or immoderate correction, unwholesome food, 
prentices. insufficient allowance of food, raiment or lodging, want oi 
sufficient care or physic in sickness, want of instruction in 
their trade or profession, or the violation of any of the 
agreements or covenants in indentures of apprenticeship 
th^m^sSiTor contained, or that he or she is in danger of being remov- 
es' -ess to ap- ed out of the jurisdiction of this state; and shall cause 
pear before suc h mas t ers r mistresses to be summoned before them, 
and shall on the return of the summons, whether such mas- 
ter or mistress appear or not, hear and determine such cau- 
ses, in a summary way, and make such order thereon, as 
in the judgment of the said judge of probate, or two jus- 
tices of the peace, will relieve the party injured in future; 
and shall have authority, if said judge or two justices 
think proper, to discharge such apprentice of and from his 
or her apprenticeship or service. A ;d in case any money 
or other thing, shall have been j>aid, given, or contracted 



com- 
O' nias- 



to 

make restitu- 
tion. 



APPRENTTCFS. # 

or agreed for by either party in relation to the said appren- 
ticeship or service, shall make such order concerning the Nut if soch 
same, as the said judge or justices of the peace shall deem IT bound by 
just and reasonable. And if the said apprentice so dis- th. -judge ot 

charged, shall have been bound originally by a judge 6f?J°} %te<) ? . 

, * . .. r ,, fe . J J. J, o_ justic- s of the 

probate or two justices of the peace, it shall be the duty peace, he may 

of the court granting the discharge, again to bind him or be re boun d. 

her, if said court shall judge proper. 

Sec. 8. The said judge of probate, or any two justices v m 
of the peace shall, on the complaint of masters or mistres- plaint 
Bes, issue a warrant against any apprentice for desertion, ter or mistress 
without good cause, or for any misdemeanor, miscarriage prob^e^r 
or ill-behavior, and may punish such apprentice or servant two justices o? 
according to the nature and aggravation of his or her of- J^ a 
{awe, by imprisonment not exceeding ten days; and in ad- warrant 
dition to the above punishment where the offence shall against the 
be desertion without good cause, the court may order the a PP renUee 
said apprentice or servant guilty thereof, to make restitu- And may ora- 
tion by the payment of a sum not exceeding eight dollars derhim 
for each and every month he or she may be so absent, to 
be collected as other debts, after such servant or appren- 
tice shall become of full age. The awarding of costs on Costs may be 
proceedings under this and the preceding sections, shall awarde(1 - 
be in the discretion of the court. An appeal to the circuit Appeal allow- 
court from any decisions made under this or the preceding ed to the cir- 
sections, shall be allowed to either party, upon the party cuit courtl 
appealing, entering into a bond, with good and sufficient 
security, in the penalty of one hundred dollars, condition- 
ed to prosecute such appeal to effect, and to abide by and 
perform the decision of the circuit court in the premises: i (s judgment 
which court shall hear and decide such appeal, upon the final, 
same principles as the said judge of probate or justices 
ought to have heard and decided the original complaint. 
The decision of the circuit court shall be final and con- 
clusive in the premises, and shall not be subject to appeal 
or writ of error. The bond above mentioned, shall be 
entered into before the clerk of the circuit court, who 
shall thereupon proceed in said appeal as is directed by 
law, in cases of appeal from the decisions of justices of 
the peace in other cases. 

Sec. 9. Every person who shall counsel, persuade, en- Penalty for 
tice, aid or assist any clerk, apprentice or servant, to run- advising ap« 

i i • J m> . 1 r \r r ^i ■ r u- prentice to 

away or absent himself or herself from the service or nis runaway or 
or her master or mistress, or to rebel against, or assault assault his 
his or her master or mistress, shall forfeit and pay a sum ma8ter * 
not less than twentv, nor more than five hundred dollars, 
ft) be sued for and recovered by nction on the case, with. 



63 APPRENTICES. 

costs, by such master or mistress, in any court having jo- 
risdiction thereof. 

Sec. 10. Every person who shall entertain, harbor or 
harboring conceal any clerk, apprentice or servant, knowing such 
runaway ap- clerk, apprentice or servant to have runaway, or to have 
preutices. absented himself or herself from the service of his or her 
master or mistress without leave, shall forfeit and pay one 
dollar for every day's entertaining, harboring or conceal- 
ing as aforesaid ; to he sued for and recovered by action of 
debt with costs, by such master or mistress, in any court 
having jurisdiction thereof. 

Sec. 1 1. The executor or executors who are, or shall 
Executor be by the last will and testament of a father, directed t* 
may hind out bring up his child or children to some trade or calling, 
ca s a e ^ emm shall have power to bind such child or children, by inden- 
ture, in like manner as the father if living might have 
done, or shall raise such child or children according te 
such directions. 

Sec. 12. It shall not be lawful for any master or mis- 
Not to be re- tress, to remove anv clerk, apprentice or servant bou: d to 

iriOVt'fi out of , . , „ * . i l r ,. , . , • r 

the state. him or her ?lS aforesaid out of this state; and if at any 
time it shall appear to any judge, or justice of the peace, 
upon the oath of any competent person, that any master 
or mistress is about to remove, or cause to be removed, 
any such clerk, apprentice or servant out of this state, it 
shall be lawful for such judge or justice, to issue his war- 
rant, and to cause such master or mistress to be brought 

_ , before him, and if upon examination, it appear that such 

Power and ' , . " . . V, 

diry of judge apprentice, clerk or servant, is in danger of being remov- 
ot p •■We ed without the jurisdiction of this staie, the judge or 
bMhcpeaee j ust i ce ma j require the master or mi-tress to enter into 
to such cases, recognizance, with sufficient security, in the sum of one 
thousand dollars, conditioned that such apprentice, clerk or 
servant, shall not be removed without the jurisdiction of 
this state, and that the said master or mistress will appear 
with the apprentice, clerk or servant before the circuit 
court, at the next term thereof, and abide the decision of 
the court therein; which recognizance shall lie returned 
to the circuit court, and the -aid court shall proceed there- 
in, in a summary manner,and may discharge or continue the 
recognizance, or may require a new recognizance, and 
otherwise proceed according to taw and justice. But \i 
the master or mistress, when brought before anv judge or 
justice, according to the provisions of this section, will not 
enter into a recognizance as aforesaid, if required so to 
do. it shall be lawful for such judsje or justice to commit 
the custody of such apprentice, clerk or servant to some 



APPRENTICES. (g 

joiher proper person, who will enter into recognizance as 
aforesaid. 

Sec. 13. Whenever any master or mistress of any J^**^™*- 
elerk, apprentice or servant, bound by the court as afore- surrender a^ 
said, shall wish to remove out of this state, or to quit his prentice, 
or her trade or business, it shall and may be lawful, for 
him or her, to appear with his or her apprentice, before 
the probate court of the proper county; and such court 
shall have power if they deem it expedient, to discharge 
such clerk, apprentice or servant from the service of such 
master or mistress, and again bind him or her if necessary, 
to some other person of the same trade, business or em- 
ployment. 

Sec 1 4. When any person shall become bound as clerk, Bound to two 
apprentice or servant, according to the provisions of this w rao 5 e : '?. 
act, to two or more persons, and one or more of them die be- ot one, con- 
fore the expiration of the term of service,, the indentures trac ' remain* 
and contracts ?hall survive to, and against such survivor or ^toT'" 3 ' 
survivors; and in case of the death of all the masters or 
mistresses in any such indenture or contract named, be- 
fore the expiration of the term of service, the executors 
or administrators shall bring the indenture and contract, Du, . v of c e * e ~ 
and the clerk, apprentice or servant therein named, be- suc h cases. 
fore the court of probate of the proper county, and such 
court shall if necessary ,. again bind such apprentice, clerk 
or servant to some other person. 

Sec. 15. Any clerk, apprentice or servant, bound ac- 
cording to the provisions of this act, who shall absent l fa PP rentice 
himself or herself from the service of his or her master or absent himself 
mistress, without leave first obtained, or who shall runa- master may 
way, so that the master or mistress shall be deprived of [^ after f u [J 
his or her service, during the remainder of the term, or a^e of appFeu- 
any part thereof, for which he or she was bound to serve, Uce * 
then and in that case, it shall and may be lawful for the 
master or mistress of such clerk, apprentice or servant, to 
have an action on the case, in any court of Competent ju- 
risdiction against such clerk, apprentice or servant, after 
he or she arrives at full age, for the damage that such mas- 
ter or mistress may have sustained, by reason of the ab- 
sence of such clerk, apprentice or servant: Provided, p roV iso. 
That such action shall be brought within six years, after 
such clerk, apprentice or servant shall arrive at full age. 

Sec. 16. All acts and parts of acts coming within the 
purview of this act, are hereby repealed: Provided, That 
nothing herein contained, shall be so construed as to affect 
or impair the obligation of any existing indentures or 
contracts whatever. This act to take effect on the first day 
of July next. [Approved, 30th Dec. 1 826.] 



6* 



APPROPRIATIONS. 

17 1827 C * "^" dCT making Appropriations for the years om thousand 
eight hundred and twenty-seven and twenty-eight. 

Sec. 1. Be it enacted by the People of the State of Illinois 
represented in the General Assembly, That the sum of seven 
thousand state paper dollars, is hereby set apart and ap- 
propriated as a contingent fund to meet the contingent 
expenses of the state for the years one thousand eight hun- 
dred and twenty-seven and twenty-eight. All moneys 
arising from the different sources of revenue, and paid in- 
to the state treasury during the years aforesaid, except the 
fund appropriated for contingent expenses, shall be a gen- 
eral fund for all disbursements made by law. The said 
contingent fund shall be subject to the order of the gover- 
nor, for the payment of any expenses which may be neces- 
sary and unforeseen by the legislature, and for printing 
and distributing the laws and journals of the present gen- 
eral assembly, a statement of which shall be laid before 
the next general assembly, in his biennial report. 

Sec. 2. There shall be paid out of any moneys in the 
treasury not otherwise appropriated, on the warrant 
of the auditor, to the different persons hereinaf- 
ter named, the several sums annexed to their respective 
names, to wit: To John Delaplain, twenty-nine dollars 
and three cents, state paper; to Thomas Redman, nine- 
teen dollars and sixty-four cents, state paper; to Essex & 
Houghan, fifty-four dollars and thirty cents state paper; 
to George Forquer, fifty-five dollars and forty-three cents, 
in state paper; to C. B. Fletcher, twenty-five dollars and 
forty-four cents, in state paper; to Robert Blackwell for 
blanks for the auditor's, secretary's and treasurer's offices, 
one hundred and thirty-one dollars and forty-three cents, 
state paper; to Green and Markee, two dollars and eighty- 
six cents, state paper; to Joseph Enos, fourteen dollars 
and forty-six cents, state paper; to James Black, fifty-one 
dollars and seventy-three cents, state paper; to Elijah C. 
Berry, seventy-eight dollars and seventy cents, state paper, 
as per vouchers from 1 to 3 inclusive; to E. C. Berry, as 
adjutant general, for stationary, thirteen dollars and fifty- 
seven cents, state paper; to Charles Prentice, five dollars 
and thirty-six cents, state paper; to the secretary of state 
for clerk hire in copying and preparing the laws of the 
present session, and for a perron to make marginal notes 
and an index to the same, four hundred dollars, state pa- 
per; to Robert Blackwell, for printing executive mes^ 
sages, rules and joint rules, reports, bills, and other doctr- 



Contingent 
fund 



General fund 



Contgt fund 
subject tr» or- 
der ot Gov. 



Statement to 
be laid before 
legislature 

Appropria- 
tions to 



J. Delaplain 

T, Redman 
Essex & 
Houghan 
G. Forquer 



R. Blackwell 



Green&e Mar* 
kee 

J. Enos 
J. Black 

R. C. Berry 



Adjt. Gen. 
C. Prentice 

Bee'y of State 
U. Blackwell 



APPROPRIATIONS. 81 

merits, by order, and for the use of the general assembly, 
i le present session, three hundred and sixty-one dollars 
and- thirty-five cents, state paper; to Thomas Lippincott, T - Lippmcott 
for copying the revised laws reported by the judges of the 
supreme court, and prefixing marginal notes thereto, one 
hundred and fifty dollars, state paper; to Thomas Redman, T. Redman 
four dollars and twenty-eight cents, state paper; to Alfred A Cowles 
Cowles, for services rendered as assistant clone in the 
house of representatives, fifty-four dollars, state paper; to 
the clerk of the house of representatives, for furnishing a 
copy of the journals to the public printer, three hundred 
state paper dollars; to the secretary of the senate, for a Sec'y Senate 
copy of the journal of the senate of the present session, 
for the public printer, two hundred and twenty-five dol- 
lars. Id state paper; to James O. Wattles, James Hall, J^iTb'm 
Richard M. Young, and Samuel M'Roberts, for their ser- Yourg&S. 
vices during the present session, in assisting in digesting to«ttoberte 
the statutes, the sum of one hundred state paper dollars 
each; the sum of four state paper dollars per day for six 
days service of James O. Wattles as clerk to a committee; j Wata 
the sum of four state paper dollars per day for six days' 
service of John Hacker, as sergeant-at-arms to said com- J. Hacker 
mittee; and the sum of four state paper dollars per day, 
for eight days 1 service of Edward Mundy, as clerk to an- Mund y 
other committee; to Richard M. Young, for services ren- r, m.Youdb 
dered as clerk to the select committee of the house of rep- 
resentatives appointed to inquire into the official conduct 
of the late president and directors of the Edwardsville 
branch bank, from the 27th of January until the 13th day 
of February inclusive, being sixteen days, at four state 
paper dollars per day, sixty-four dollars; to Singleton H. 
Kimmel for services rendered the same committee as ser- s H K,mme! 
geant-at-arms, fifteen days at four state paper dollars per A Mi jj ep 
day, sixty dollars; to Alexander Miller, cashier of the Ed- 
wardsville branch bank, for twelve days' attendance as a 
witness, at the request of the committee, at one dollar and 
fifty cents state paper per day, eighteen dollars; to Alex- A. Miller 
ander Miller, for twelve days' hire of a horse and wagon 
to transport bank books, &x. to and from the seat of go- 
vernment, and for transporting books, &c. thirty dollars, 
State paper; to same for 5542 words in copies of records 
and correspondence, furnished at the request of the com- 
mittee, at fifteen cents for every seventy-two words, elev- \y,P. M'Kec 
en dollars and fifty cents, state paper; to William P. M'- 
Kee, of Edwardsville, for twelve days' attendance as a wit- 
ness, at the request of the committee, at one dollar and fifty 
cents state paper per (lay, eighteen dollars; to Nathaniel N T Buckmas- 
Buckmaster, of Edwardsville, tor twelve [days'] attendance ter 



02 



APPROPRIATIONS. 



T 5. M'Guire 

A. Field 

A. B. Dake 

J raid well, J 
SMriall, T F 

Vaught and J 
Warnock 

B Green 

J Shaw 

JWhitiock 

RKYl'Laugh 
tin 

C Prentice 

J Turney 

J M Duncan 

J Chance 

H Ball 

W Nichols 



-as a witness, at the request of the committee, at one dollar 
and fifty cents state paper, per day, eighteen dollars; to T. 
J. M'Guire, for eight days' attendance as a witness, at the 
request of the committee, at seventy-five cents state paper 
per day, six dollars; to A. Field, late treasurer, for money 
by him expended, for clerk hire, house rent, fuel and sta- 
tionary, six hundred and sixty-four state paper dollars; to 
Arnold B. Dake, late brigade inspector of the second bri- 
gade, second division Illinois Militia, sixty-four dollars, 
state paper; to John Caldwell, John Siddall and Thomas 
F. Vought, each twenty-four dollars, state paper; to John 
Warnock, for postage on the public letters and documents, 
sixteen dollars and twenty-five cents, state paper; to 
Bowling Green, for furnishing benches in the lobby, and 
lock to the door, two dollars and fifty cents, state paper; 
the sum of seventy-five cents of state paper per day to 
John Shaw, for his attendance on the committee as a wit- 
ness, for six days; to James Whitlock, the sum of one hun- 
dred and fifty state paper dollars, for his assistance ren- 
dered the engrossing and enrolling clerks at the present 
session of the general assembly; to R. K. M'Laughlin, 
late treasurer, one hundred dollars, being the amount of 
a counterfeit bank note received by him while treasurer 
of the state; to Charles Prentice, four dollars state paper 
for half ream of writing paper; to John Turney, sixteen 
state paper dollars for his services as assistant secretary to 
the senate; to James M. Duncan, for room, fire wood, &c. 
furnished the judges when digesting the statutes, twenty- 
eight dollars and fifty cents, state paper; to Joseph Chance^ 
for benches furnished the lobby of the senate, seven dollars, 
state paper; to Horatio Ball, the sum of five dollars, as 
secretary pro tern, of the senate; to William Nichols, the 
sum of five dollars, state paper, for administering the ne- 
cessary oaths to the newly elected members of the senate 

[Approved^ nth Feb. 1827.} 



PARTIAL APPROPRIATION. 



In force, 8th 
Jan. 1827 



AN ACT making a partial appropriation for the members 
and officers of the General Assembly. 



Sec. 1. Be it enacted by the People of the State of Illinois, 

represented in the General Assembly, That the auditor of puh- 

Apprnpria- j- accounts is hereby required to draw his warrant on the 

tiot.s 10 mem- . /» i > i i n • 

>d*>ffi- treasury for the sum of one hundred dollars in specie to 
eers of g< nei- eac h me rnber of this general assembly, and a like warrant 



APPROPRIATIONS. 63 

to the speaker of each house, the secretary of the senate, 
clerk of the house, to each of the engrossing and enrolling 
clerks, and door keepers of hoth houses; any law in this 
state to the contrary notwithstanding: Provided, That the 
auditor shall, if required, issue said warrant for state pa- 
per at the same rate that it is paid to other officers of go- 
vernment, at the time such warrant is issued. 

. [Approved, 8//1 Jan. 1827.] 



AN ACT 



In force 



* • y> •*-»•! » in force 

Making appropriations for building certain Bridges on the Jan 23, 1827 

Bounty Lands. 

Sec. 1 . Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the sum of two A PP r °P r [ a " 

i r , i i ii i -iii • i . *i " lions to the 

hundred dollars be appropriated and paid to the county of counties of 
Peoria, for the purpose of building a bridge across Kicka- Pe0 «a 
poo creek, in said county; the sum of three hundred dol- p 
lars to the county of Fulton for the purpose of building a 
bridge across Spoon river in said county; the sum of three 
hundred dollars to the county of Schuyler, for the purpose Schuyler 
of building a bridge across Crooked creek, in said county; 
the sum of two hundred and fifty dollars to the county of 
Adams, for the purpose of building a bridge across Mill idamsand 
Creek, in said county; and the sum of two hundred and p ike 
fifty dollars to the county of Pike, for the purpose of build- 
ing a bridge across Bay Creek, in said county; said sums 
of money to be paid in state paper, at par: Provided, said 
bridges be erected on public highways and kept in repair, 
by the counties in which they are situated. 

Sec. 2. The sites of said bridges shall be chosen by the Sites chosen 
©ounty commissioners of the counties respectively in which sioners 
they are to be erected; and the construction of them shall 
be under the control and direction of said commissioners. 
And for the purpose of entering into contracts for the Cor " mi \ t ^ 
building of such bridges, the county commissioners of each 
of the counties aforesaid shall, previous to the first day of 
April next, give at least three weeks' notice under their 
signatures in each of the election precincts of the county, 
at the usual place of holding elections, of the day and 
hoar when they will attend at the court house of their 
county, and let out the same to the lowest bidder; which 
notice shall also contain a description of the bridge to be 
built, and the' time within which it i- to be completed. 
And the person or persons who shall be the lowest bidders 



G4 ARBITRATIONS AND REFERENCES. 

giv^bond 1,10 orbidders > slial] have the contract, upon his or their en* 
teringinto bond, with one or more sufficient securities, in 
double the amount of his or their contract, to the county 
commissioners of the county in which such bridge is to be 
built, for the use and benefit of such county, for the faith- 
ful performance of said contract. 

Sec. 3. Whenever either of said bridges shall be com- 
Idaudi^to" P leted ' and the ract of its completion be certified by the 
\rraiits c °unty commissioners of the county in which such bridge 
shall be built, to the auditor of public accounts, he shall 
draw his warrant on the treasurer in favor of such com- 
missioners for the sum appropriated bv the first section of 
this act, for the purpose of building such bridge. 

[Approved, Jan. 23c/, 1827.] 



issue warrants 



ARBITRATIONS AND REFERENCES. 

In force 

July i, 1827 AN ACT regulating Arbitrations and References. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
Dis ufa represented in the General Assembly, That all persons desi- 

re- agree to rous to end any dispute or controversy by arbitration, for 
submit to ar- which there is no other remedy but by action at law, or 
itrators c gu j t m e q U j tv? ma y a g ree that the>r submission to arbitra- 
tion shall be made a rule of the circuit court, and may in- 
sert such their agreement in the submission, or in the con- 
By submission ditioh of the bond or promise; which agreement, on pro- 
in writing and ducing an affidavit of the due execution thereof, and filing 
rueo coun -^ - R ^ court, may be entered of record, and a rule of 
court shall thereupon be made, that the parties shall sub- 
mit to, and be finally concluded by such arbitration; or 
Or by person- such persons desirous to end any dispute or controversy as 
ai appea»we aforesaid, may personally appear before the circuit court, 
in open court and acknowledge that they have mutually agreed to refer all 
their matters of difference, or any particular dispute to the 
arbitrament of certain persons by them agreed on and 
named: on their desiring such submission to be made a 
rule of court, the same may be entered of record, and a 
rule of court shall be made, that the parties shall submit 
to and be finally concluded by such arbitration. In eith- 
Jodgmentpn e r of the above" cases, when "the award shall be for the 
pavment of money only, the same being returned into, 
and accepted by the court, judgment shall be rendered 
thereon for the party i ivorthe award is made, to 

recover the sum awarded, to be paid to kim, together with 
the costs of arbitration and the costs of court, and execu- 



ARBITRATIONS AND REFERENCES. 65 

tion may issue thereon accordingly. No judgment shall No ju^ment 

i J . i j i -, i ii b .i sliall b* enter- 

be entered on any such award, unless it sliall appear to the e)1 UI ,i tss ,t 

court that a copy of the award and notice to appear and appear that a 
shew cause why judgment should not be entered, on the ^Vand no^ 
same, has been previously served on the part) to be charg- tice to the op- 
ed with the judgment, at least four days before the motion l^da'The-* 
for judgment shall be made: no judgment shall be enter- tore motion 
ed on motion as aforesaid, after one year from the time of for judgment 
making the award. 

Sec. 2. When the award shall be for the performance 

/• ■ . . i i * • A. Obedience 

ef any thing other than the payment of money, the same mayD e en- 
beiug returned into and accepted by the court as afore- forced 
said, obedience thereto may be er. forced in the said court, 
by attachment, in the same manner, as obedience may be 
compelled to any other rule of court. 

Sec i. Any arbitration, umpirage or award, procured \n award or 
by < orruption or undue means, shall be judged void, and ump.rage pro 
may be set aside in law or equity; in equity, by proceed- cured bj cor- 
• J • • i • -ii j ± i +• • A i. ruption, void 

mgs on original bill, and at law, on motion in the court ■ 

wnere submission is made a rule of court, or where any 

suit or proceedings shall be instituted on the arbitration objection to 

bond, submission or award. Complaint must be made of fore^udgt/"" 

such curruption or undue practice, before final judgment 

upon the said bond, submission or award. 

Sec. 4. When any personal action shall be pending in 
the circuit court, and the parties desire to refer the same, u°" * ct m "* 
it may be done by a rule of the court, the report of the re- bTreterred' 
ferees being approved by the court, and entered of record, 
shall have the same effect as the verdict of a jury, and the 
like judgment shall be entered upon it as if the same find- 
ing had been by a jury ; the costs of the reference shall be 
taxed with the other costs of the suit. 

Sec. 5. The several clerks of the circuit courts and JJ^SJ 1 ^ 
the justices of the peace in their several counties, may n^sestoat- 
issue subpoenas for the attendance of witnesses before ar- tend before 
bitrators and referees: If any witness, after being duly 
summoned, shall fail to attend, the arbitrators or referees p ena uie S for 
may issue an attachment to compel his attendance, and witnesses re- 
the said witness shall moreover be liable to the party for ,u8,ng 
refusing to attend the same as in trials at law. The arbi- Ar bj trat ors 
trators and- referees m;iy administer oaths and affirmations may a^minis- 
to witnesses; may punish contempts committed in their !f u r n ^,J h f or and 
presence during the hearing of a cau-e, the same as a contempt 
court of record; may continue the hearing of a cause from 
time to time upon good cause shewn, and may admit de- Maycontmut 
positions to be read in evidence, the same as in trials at 
law. 

Sec G. Each arbitrator and referee shall before he 
9 



66 



ATTACHMENTS. 



flTheir cor 
peusation 



^ r j^™^ rst0 proceeds to 'the c!uties of his appointment take an oath or 
affirmation, faithfully and fairly to hear and examine the 
cause in question, and to make a true and just report or 
award, (as the case may he,) according to the best of his 
skill and understanding; which oath or affirmation, any 
judge or justice of the peace of this state is authorized 
and required to administer. 

Sec. 7. Each arbitrator and referee shall be allowed for 
every day's attendance to the business of his appointment 
one dollar, to be paid in the first instance, by the party in 
whose favor the award or report shall be made, but to be 
-recovered of the other party with the other costs of suit if 
the award or report shall entitle the prevailing party to 
-recover costs. Witnesses shall receive the same fees for 
attendance at arbitrations and references, as shall be al- 
lowed them in the circuit courts. Sheriffs, constables, 
clerks and justices of the peace, shall be entitled to the 
same fees for services performed in relation to any arbi- 
tration or reference, as shall be allowed' by law for the 
like services in their respective courts. 

Sec. 8. The act entitled "An act authorizing and regu- 
lating arbitrations," approved February 25, 1819, is here- 
by repealed. 

This act to take effect from the first dav of July next. 

[Approved, Jan. 6, 1827.} 



"Witnesses, 
•h.'fffs and o 
th< i- officrs 
allowed fees 



Former acts 
repealed 



ATTACHMENTS. 



In force 1 st 
fruoe, 1827. 

On complaint 
attachments 
msv be issued 
by tie clerks 
■of the circuit 
courts 

Vatuiv of the 

complaint 



Substance of 
wnt of attach- 
ment 



JIN ACT concerning Attachments* 

Sec. 1. Be it enacted by the People of the State of Illinois^ 
represented in the General Assembly, That if any creditor or 
his agent, shall make complaint, on oath or affirmation, to 
the clerk of the circuit court of any county in this state, 
that his or her debtor is about to depart this state, or has 
departed from this state, with the intention in either case 
of having bis effects and personal estate removed without 
the limits of this state, or stands in defiance of any officer, 
authorized to arrest him or her, on civil process, so that 
the ordinary process of law, cannot be served on such debt- 
or; and if such creditor or his agent shall also make oath 
or affirmation, that such debtor is indebted to such credi- 
tor in a sum exceeding twenty dollars of lawful money 
of the United States, specifying the amount and nature of 
such indebtedness, it shall be lawful for such creditor, to 
sue, or cause to be sued out of the office of the said clerkl 



ATTACHMENTS. oT 

a writ of attachment, directed to the sheriff of the county 
in which he is clerk, returnable as other writ> are, to the 
circuit court for said county, commanding him to attach 
the said debtor, by all and singular, his or her lands and tene- 
ments, goods and chattels, rights and credits, moneys and 
effects, of what nature soever, or so much thereof as will 
be sufficient to satisfy the debt so sworn to, with interest 
and costs of suit, hi whose; soever hands or possession the 
same may be found in his bailiwick. It shall be lawful for 
such sheriff to serve and levy such attachment upon the 
lands and tenements, good:? and chattels, lights and credits, 
moneys and effects of such debtor, within his bailiwick, 
wherever the same may be found, or in the hands of any per- 
son indebted to, or having any effects of such debtor, and 
to summon such person as garnishee, to appear at the 
court to which the attachment is returnable, there to an- 
swer upon oath or affirmation, what amount he or she is 
indebted to the defendant in the attachment, or what effects 
of such defendant he or she hath in his or her hands, or 
had, or was indebted at the time of serving such attach- 
ment, and what effects, or debts of the defendant there 
are in the hands of any other person or persons, to his or anrelur > 
her knowledge or belief: which attachment, being duly 
returned served, and setting forth in what manner such 
service has been made, and if, on a garnishee, the court 
may thereupon compel such garnishee to appear and an- 
swer as aforesaid, there shall be allowed to such garnishee, 
out of the effects attached, a reasonable sum, for his or 
her attendance. 

Sec. 2. When any person who shall be an inhabitant of When & how 
any state, territory or country, without the limits of this att:icbment 
state, so that he or she cannot be personally served with 
process, shall be indebted to any person a resident of this 
state, and hath any estate, real or personal, within the 
same, any of the said clerks may issue an attachment 
against such estate of such foreign person under the rules, 
restrictions and regulations in this act contained, so far 
as the same shall be applicable; and on the further condi- Additional 
turn that the person praying such attachment, his agent or 0atl0f P l 
attorney shall, in addition to the oath or affirmation of the 
-residence of the debtor or debtors, and the sum due: 
^wear or affirm that he or she verily believes, he or 
is unable to collect his or her debt so due from such 
debtor or debtors, by due course of law, in the state or 
territory, or place o"- residence of such debtor or debtors; 
which place of residence, if known, shall also be set forth 
' or common certainty. 
Sec. 3. When two or more persons, not residing in 



titt 



ATTACHMENTS. 



both are nou 
reBident 



If plaintiff be 
absent he ma;, 
act b) agent 



Attachments this state, are jointly indebted, either as joint obligor;, 
dfbro. sphere partners or otherwise, then the writ or writ, of attach- 
ment shall and may be issued against the separate and 
joint estate of such joint debtors, or any of them, either by 
their proper names, or by, or in the name or style of the 
partnership, or by whatever other name or names, such 
joint debtors shall be generally reputed, known or distin- 
guished within this state, or against the heirs, executors 
or administrators of them, or either, or any of them, and 
the lands and tenements, goods and chattels, rights, credits 
and effects of such debtors, or either, or any of them, shall 
be liable to he seized and taken for the satisfaction of any 
just debt or other legal demand, and may be sold to satis- 
fy the same. The oath or affirmation of non-residence 
and indebtedness shall be made before, and filed with the 
clerk of the circuit court of the county from whence the 
attachment issues, and shall also state the residence of the 
debtors, and the inability to collect the demand at the 
place of residence of the debtors as is required in the 
preceding section. 

Sec. 4. If the creditor or plaintiff in the attachment be 
absent from, or non-resident of this state, it shall, and may 
be lawful for such creditor, by himself or agent, or attor- 
ney, to attach the estate and property of his debtor, both 
real and personal, that may be found in this state, in any 
or all of the cases provided for by this act, and the oath or 
affirmation required by any of the preceding sections may 
be made by such agent or attorney, and the like proceed* 
ings may be had thereon, as if such oath or affirmation 
had been made by the creditor or plaintiff in proper per- 
son. 

Sec. 5. So much of the oath or affirmation in the se- 
Oathnotre- cond and third sections as requires the creditor, or his a- 
AL re A in „ cer " g ent or attorney to state that he or she is unable to collect 
the amount of his or her debt or demand, from his or her 
debtor or debtors, by due course of law, in the state or 
place of the residence of such debtor, shall not be required 
when the debtor was a resident of this state at the time of 
contracting such debt, or creating such demand. 

Sec. 6. If any creditor, his, her or their agent shall 
make oath to a justice of the peace of any county in this 
state, that any person is indebted to such creditor, in a 
sum of not less than five nor more than twenty dollars, and 
such debtor so absconds or conceals himself or herself, or 
stands in defiance of a peace officer authorized to arrest 
him or her on civil process, so that a warrant cannot be 
served on him or her, such justice shall take bond and se- 
curity, as in this act is directed, and grant an attachment 



tain cases 



Justices may 
issuf attach- 
ments in cei- 
tain cases 



ATTACHMENTS. i>9 



against so much of the personal estate of such debtor as 
shall be of value sufficient to Batisfy the debt and co:?ts of 
the party praying such attachment, directed to any con- 
stable of his county, and returnable before himself; who 
shall and may proceed thereon in all respects where ne- 
cessarv, as upon an attachment returnable to any court of 
record under this act. 

Sec. 7. Every clerk before granting an attachment as Rond &ft re _ 
aforesaid, shall take bond and security from the party for quired otpiff 
whom the same shall be issued, his or her agent j?T attor- 
ney, payable to the defendant in double the sum for which 
the complaint shall be made, conditioned for satisfying an 
costs which may be awarded to such defendant, in case the 
plaintiff* suing out the attachment therein mentioned, shall 
he cast in the suit; and also, all damages which shall be 
recovered against the plaintiff for wrongfully suing out 
such attachment: which bond, with the affidavit or affirm- 
tion of the party complaining, his or her agent or attorney, Attachments 
shall be filed in the office of the clerk granting the attach- issued with- 
meut. Every attachment issued without bond and affida- out are void 
\it taken and returned as aforesaid, is hereby declared 
illegal and void, and shall be dismissed. 

Sec. 8. To prevent errors in issuing attachments and 
taking bonds, the attachment and the condition of the 
bond, shall be in the form or to the effect following, viz. 

"The people of the state of Illinois to the sheriff of Form of the 
county, Greeting: attachment. 

Whereas, A. B. (or agent or attorney of A. B. as 

the case may be) hath complained on oath (or affirmation) 
to clerk of the circuit court of county, that 

C. D. is justly indebted to the said A. B. to the amount of 
and oath (or animation) having been also made that 
the said C. D. resides out of this state, or absconds or con- 
ceals himself or herself, or stands in defiance of a civil of- 
feror authorized to arrest him or her with civil process so 
that the ordinary process of law cannot be served upon 
him, or is about to depart this state, with intention to have 
his effects and personal estate removed without the limits 
of the same, or has left the sate with the intention of hav- 
ing his effects and personal estate removed therefrom, (as 
the case may be,) and the said having given bond 

and security according to the directions of the act in such 
case made and provided: 

We tiif.refore command you, That you attach so much 
of the estate, real or personal of the said C. D. to he 
found in your county, as shall he of value sufficient to 



n ATTACHMENTS. 

satisfy the said debt and costs, accordiug to the complaint: 
and such estate so attached in your hands to secure, or so 
to provide that the same may be liable to further proceed- 
ings thereupon, according to law, at a court to be holden 
at for the county of upon the day of 

next, so as to compel the said C. D. to appear and 
answer the complaint of the said A. B. ; and that you al«o 
summon as garnishee, to be and appear at the said court 
on the said day of next: then and there to an- 

swer what may be objected against him: when and where 
you shall make known to the said court how you have 
Executed this writ. And have you then there this writ. 

Witness, Judge of the said court, this day 

of in the year of our Lord, &c. 

Which attachment shall be signed by the clerk and the 
seal of the court affixed thereto. 

The condition of this obligation is such, that whereas 

Sumion of 6 the above bounden hath on the day of the date 

the bond. hereof, prayed an attachment at the suit of against 

the estate of the above named for the sum of 

and the same being about to be sued out, returnable on the 
day of next, to the term of the court then to 

be holden. Now if the said shall prosecute his 

suit with effect, or, in case of failure therein shall well 
and truly pay and satisfy the said all such costs in 

said suit, and such damages as shall be awarded against 
the said his heirs, executors or administrators, in any 

suit or suits which may hereafter be brought for wrong- 
fully suing out the said attachment, then the above obliga- 
tion to be void, otherwise to remain in full force and ef- 
fect." No attachment shall be abated or dismissed, for 
want of form, if the essential matters expressed in the 
foregoing precedents, be substantially set forth. 

Sec. 9. Upon the service of every writ of attachment, 
Duty of the it shall be the duty of the officer serving the same, to take 
the estate and property so attached, into his possession, in 
whose custody or possession soever the same may be; and 
the estate and property shall remain in the safekeeping 
and care of the said officer, in order to answer and abide 
the judgment of the court, unless the person or persons in 
whose possession the same may be found, shall enter into 
bond and security to the officer, to be approved by such of- 
ficer, in double the sum for which such attachment shall 
have issued, with condition that the said estate and pro- 
perty shall be forthcoming, to answer the judgment of the 
Attachments court in said suit. 

"edbyriviuB ^ EC " 10 " All attachments returnable to a circuit court 
bpnd. " '° shall be repleviable before writ of enquiry executed, on 



officer. 



ATTACHMENTS. 71 

the appearance of the defendant, and putting in good spe- 
cial bail, or by giving bond before the return day of the 
.attachment, to the sheriff or other officer serving the 
same; which bond, such sheriff or other officer, is hereby 
authorized and required to take, conditioned to appear at 
the time and place, to which such attachment is made re- 
turnable, and to abide by, and perform the order and 
judgment of the court. And upon the defendant or de- 
fendants replevying any attached effects, by giving bond 
and security as aforesaid, the sheriff or officer shall re- 
turn such bond so taken to the court, before whom the at- 
tachment is returnable, on the first day of the term there- 
of. If such bond shall be forfeited by reason of the de- 
fendant or defendants, failing to appear and give special bail Remedy en 
as aforesaid, the sheriff may assign such bond to the plaintiff such boud ' 
in the attachment by a writing thereon under his hand, in the 
presence of two or more credible witnesses, and after such 
assignment, the plaintiff may bring a suit in his own name 
thereupon. If the plaintiff will not accept such assign- 
ment of such bond, and the court shall adjudge such se- Proceedings 
eurity insufficient, such sheriff shall be subject to the against sheriff 
same judgment and recovery, and have the same liberty sufficiSse 1 -* 
of defence as if he had been made defendant in the at- cunty. 
tachment, unless good and sufficient security shall be giv- 
en, and bond tiled during the term of the court to which 
such attachment is returnable, and at which term the ob- 
jections to the sufficiency of the security taken, shall be 
made to entitle the party suing out the attachment, to 
proceed against the sheriff, and execution may issue there- 
upon as in other cases of judgment. And whenever the 
judgment of the plaintiff* or any part thereof, shall be 
paid or satisfied by any such sheriff, he shall have the 
same remedy against the defendant for the amount so paid *tThl£iff a, 
by him, as is now provided bylaw for bail against their gamsuhe de- 
principal, where a judgment is paid or satisfied by them. fendant - 
He shall likewise have the same remedy on a bond of a 
garnishee, which shall be adjudged insufficient, as is or 
may be provided on bonds or security given for the ap- 
pearance of a defendant in a civil action. 

Sec 1 1. If the sheriff shall fail to return a bond taken \ rule may 
by virtue of the provisions of the preceding sections of be entered a - 
this act within the time therein prescribed, or shall have EZSfan. 
neglected to take one where he ought to have done so; in turn such 
any attachment issued under any of the provisions of this ^ ^ he ^ 
act, the plaintiff in the attachment may cause a rule to be did nottakfe 
entered at any time during the two first days of the term on e- 
to which the writ is returnable; requiring the said sheriff 
to return the said bond ; in case no bond has been taken to 



72 ATTACHMENTS. 

shew cause why such bond was not taken. If the said 
sheriff shall not return the said bond within one day tfaere- 
*uchn?^? f after, or shew legal and sufficient cause why the said bond 
of guod cause had not been taken, judgment shall be entered up against 
shewn, judg him for the amount of the plaintiffs demand, with costs of 
entered^ e su 't; execution may thereupon issue for the same whenev- 
gainst theshe- er judgment shall have been entered against the defen- 
riff dant in the attachment. 

Court may ^ EC * * 2. In all suits commenced and prosecuted by at- 

■ta> proceed- tachment against the estate of any person or persons re- 
ingson attach, giving out of the state, where the amount claimed shall 
noa-iesidents exceed twentv dollars, the court where the same may ne 
pending, shall stay all proceedings in such suit, for such 
time as it may think necessary, not less than three nor 
more than twelve months, from the return day of such at- 
And order tachment. And the court may order notice of the at- 
tolT ubhslT tachment to be inserted in some public newspaper within 
ed. C this state, specifying therein, at whose suit, against whose 

estate, for what *um. and from what court such attachment 
issued, and that, unless the defendant shall appear, give 
special bail, and plead within the time limited for his or 
her appearance in such case, judgment will be entered, 
and the estate so attached will be sold. If the defendant 
appear, put in bail and plead as aforesaid, his estate so at- 
tached, shall be liberated, and the garnishee or garnishees, 
if any, discharged. 

Sec. 13. On the return of any writ of attachment 
When awl against a defendant, who had departed, or was about to 
shall be^ven. depart from this state, with the intention of having his ef- 
fects arid personal estate removed beyond the limits of 
this state, or who has absconded therefrom, or con- 
cealed himself or herself, or stood in defiance of any 
officer authorized to arrest him or her, on civil process, so 
that the ordinary process of law could not be served on 
him or her, it shall be the duty of the clerk of the court in 
which the suit is pending, to give notice for four weeks 
successively, in some newspaper published in this state, 
most convenient to the place where the court is held, of 
such attachment, and at whose suit, against whose estate 
Defendant for what sum, and before what court the same is pending; 
T/in speSl ana " tluit un,ess tne defendant shall appear, give special 
Slu andpfead bail, and plead within the time limited for his or her ap- 
pearance in such case, judgment will be entered, and the 
i state so attached will be sold. If the defendant appear, 
utin sufficient bail and plead as aforesaid, his estate, so 
attached, shall be liberated, and the garnishee or garni- 
shees, if am . discharged. 

Sec. 14. If any attachment as aforesaid, shall be re- 



ATTACHMENTS. 73 

turned executed, and the estate attached shall not be re- Defendant not 
plevied, or defence shall not be made, as this act directs, JJIJ^j^ 
the plaintiff shall he entitled to judgment for his whole t>. had against 
debt and costs, having established the existence of such him ' 
debt, by legal testimony, and may thereupon take execu- 
tion for the same, according to law, as provided in other 
cases of debt. All the estate attached, and not replevied 
as aforesaid, shall be sold for, and towards satisfying the 
plaintiff's judgment in the same manner as such property 
is required to be when taken in execution on a writ of 
fieri facias. Where an attachment shall be returned serv- 
ed, in the hands of any garnishee, it shall be lawful upon Proceedings 
his or her appearance and examination in the manner as is a g« ,n *S» rni " 
by this act directed, to enter up judgment, and award 
execution against every such garnishee, judgment having 
been first entered against the original debtor, for all sum 
or sums of money due from him or them to the defendant 
in the attachment or in his, her or their custody, or pos- 
sesion, for the use of such original debtor, or so much 
thereof as shall be of value sufficient to satisfy the debt 
and costs of the complaint. All goods and effects what- 
soever in the hands of any garnishee or garnishees, be- 
longing to such defendant, shall also be liable to satisfy 
such judgment. 

Sec. 15. Where any garnishee shall be summoned by Garn *'shees 
the sheriff or other officer, in manner aforesaid, and shall [^ courTmay 
fail to appearand discover on oath or affirmation, as by enteracondi* 
this act is directed, it shall be lawful for the court after tional i'^s'*- 
solemnly calling the garnishee, and such court is hereby 
authorized and required to enter a conditional judgment 
against such garnishee, and thereupon a scire facias shall Upon which 
issue against such garnishee, returnable to the next term scire ! acias 
of the court, to shew cause, if any he have, why final may lssue * 
judgment should not be entered against him; upon such 
scire facias being duly executed and returned, if such 
garnishee shall fail to appear accordingly, and discover Garnishee to 
on oath or affirmation, in manner aforesaid, the court shall rnake diseov. 
confirm such judgment, and award execution for the er> 
plaintiff's whole judgment and costs; and if upon the ex- 
imination of any garnishee, it shall appear to the court, 
that there is any of the defendant's estate in the hands of 
my person or persons, who have not been summoned, such Judicial at« 
court shall, upon motion of the plaintiff, grant a judicial ^jj^ssned 
attachment, to be levied upon the property in the hands of against such 
such person or persons, having any of the estate of the asftwenot 

i r i i. • t*- i .i « ° • , ^ i beer sunmicm 

defendant in his, her or their possession or custody, who ei! as gia . ni . 
shall appear and answer, and be liable as other garnishees, sheet. 
?re any garnishee shall deliver to the sheriff all the 
10 



yi ATTACHMENTS. 

goods, chatties and effects whatsoever found or confessed 
Property de- ta De j n hj s or her possession, belonging to the defendant, 
garnishee? to 5 or any part thereof, the same shall be received in dis- 
be received in charge of so much of the judgment, as the same shall be 
theju-ift. ° f appraised to, by the jury aforesaid, who shall inquire and re- 
turn the value thereof, according to the evidence which 
may be submitted to them relative thereto. If it shall ap- 
No judgmem pear that the debt of any such garnishee to such defen- 
l°d%ains? er " dant is not yet due, which fact shall also appear by the 
garnishee un- finding of the jury, and the time when it becomes due, 
less his debt then execution shall be stayed against such garnishee 
until the same shall become due; nothing in this act shall 
be construed to authorize a judgment to be rendered 
against a garnishee for a debt, which may be due on a ne- 
gotiable instrument, unless such debt shall be due at the 
time of rendering the judgment. 

Sec 16. If any such writ of attachment shall be served 
fit la ?nteinf y a as aforesaid, it shall and may be lawful for any such plain- 
tories, which tiff, at any time during the return term of the said court. 

the garnishee to prepare exhibit and file, all and singular such allega- 
shall answer .. r r , . ' . ... , . • • ° u 

on oath. tions and interrogatories in writing, upon which he or she 

shall be desirous to obtain, and compel the answer of any 
and every garnishee, touching the lands, tenements, goods, 
chatties, moneys, credits and effects of the said defendant, 
and the value thereof, in his, her or their possession, custo- 
dy, or charge, or from him, or her, or them, due and ow- 
ing to the said defendant, at the time of the service of the 
said writ, or at any time after, or which shall, or may there- 
after become due; and it shall be the duty of each and 
every such garnishee, to exhibit and file, under his oath 
or affirmation, on or before the third day of the next suc- 
ceeding term, full, direct and true answers, to all and sin- 
gular, the allegations and interrogatories by the said plain- 
tiff, supported, exhibited, and filed, in the manner herein 
before directed and described. 

Sec. 17. Whenever the plaintiff, in any attachment. 
If the nkimifF g j^jj allege that any garnishee summoned in such attach? 
SSa han- ment hath not discovered the true amount of debts due 



Witll SUCl 



awerthecourt from him to the defendant, or what goods and chat lies, 
J^jf a e ^ pan to belonging to the defendant, are in his or her possession^ 
enquire, &c the court shall direct without the formality of pleading, a 
jury, to be empannelled immediately, (unless good cause 
be shewn by either party for a continuance) to enquire 
what is the true amount due from such garnishee to the 
defendant; and what goods and chattels -ire in his posses- 
sion, belonging to the defendant. If the finding of the ju 
ry shall be against such garnishee, the court shall grant 
judgment in the same manner as if the facts found by the jur * 



ATTACHMENTS. W 

nad been confessed by him or her, on his or her examina- Costs oa such 
tie:,, and costs of inquest; and if the jur) find in favor of "•*«*• 
the garnishee, he snail recover nis costs against the plain- 
tiff. 

Sec. 18. Where any witness resides out of the state, How depoair 
or out of the county in which any attachment may be uon» ma> be 
pending, and in which the testimony of such witness may ^^san? 6 
be required, it shall be lawful for either party or gar« garnishees, 
nishee in such attachment, on tiling interrogatories with 
the clerk of the court, from which such attachment has is- 
sued, and giving ten days notice of the time and place of 
taking such testimony, by serving a copy of such notice on 
the opposite party; or if such party shall be absent from, 
or reside out of the county, then by affixing a notice in 
writing thereof, on the door of the court house of such 
county, at least ten days before the day set for the taking 
thereof, to obtain a commission from the clerk of the 
court, to take the testimony of such witness or witnesses 
on such interrogatories. Such examination may be read 
on tiie trial, on motion of either of the parties or garnishee. 

Sec. 19. In all cases of attachment, any person, other 
than the defendant, claiming the property attached, may 
interplead without giving bail, but the property attached Persons other 
shall not thereby be replevied, and the court shall imme- jSU^JJj ^e ' 
diately (unless good cause be shewn by either party for a property may 
continuance) direct a jury to be empannelled to inquire im erpiead 

• x ±1 • ( a. c 4. • h u ,i • without ?ivio£f 

into the right or property; m all cases where the jury spe ciai b!iii. 
find or a claimant, such claimant shall be entitled to his 
costs 5 and where the jury find for the plaintiff in the at- 
tachment, such plaintiff shall recover his costs against such 
claimant. 

Sec. 20. If judgment by default shall be entered on 
anv attachment against the estate of the defendant, in anv F i ecut,0 " S K°J i 

J p i • • in- i " judgments by 

court ot this state, no execution shall issue thereon, ex- default i:> at~ 
cent against the coods and chattels, lands and tene- fachmeot 

m Sllfttl l)f* ISSUPti 

ments, on which the atttachment may have been served, a „ a j nst 4, e 
or against a garnishee or garnishees, who shall have mo- attached ef- 
ney or other property in his or their hands, belonging to JS^lSJ. 
the defendant, if the defendant shall appear, put in bail shees, &c. 
and plead to the suit, the judgment rendered therein shall 
have the same force and effect as if a capias ad responden- 
dum had been served on the person of the defendant. Perishable 

Sec 21. When any goods and chattels shall be levied property levi- 
on by virtue of any attachment, and the sheriff or other ed upon by 
proper officer in whose custody such goods and chattels ma j L De n S oid. 

. shall be of opinion that the same are of a perishable 
nature, and indangcr of immediate waste and decay, such 
sheriff or other officer, as aforesaid, shall summon three 



76 



ATTACHMENTS. 



How such 
property shall 
b< ascertain 
ed to be per- 
ishable. 



Advertise the 
sale. 



Proceeds of 
sale to satisfy 
judgment. 



Slaves, horses 
&c to be pro- 
vided with 
sustenance. 



Compensation 
of sheriff, &c 



Attachments 
not to abate 
by the death 
of parties. 



Executor or 
administrator 
rmu become 
a party by 
giving notice 



respectable freeholders of his county, who shall examine 
the goods and chattels so levied on; and if the said free- 
holders shall, on oath or affirmation, certify that, in their 
opinion, they are of a perishabie nature, and in danger of 
immediate waste and decay, and if the person or persons, 
to whom such goods and chattels belong, his, her or their 
agent or attorney, shall not within twenf\ days after serv- 
ing such attachment, replevy the same, then such goods 
and chattels shall be sold at public vendue by the sheriff 
or other proper officer, he having first advertised such sale 
at the court house and two other public places in his coun- 
ty, at least ten days before the sale; the money arising 
from such sale shall be liable to the judgment obtained 
upon such attachment, and deposited in the hands of the 
clerk of the court, to which the process shall be returnable, 
there to abide the event of such suit. 

Sec. 22. When any sheriff or other officer shall serve 
an attachment on slaves, or indentured or registered color- 
ed servants, or horses, cattle, or live stock, and the same 
shall not be immediately replevied, or restored to the 
debtor, it shall and may be lawful for such officer, and he 
is hereby required to provide sufficient sustenance for the 
support of such slaves, indentured, or registered colored 
servants, and live stock, until the same shall be sold, or 
otherwise legally disposed of, or discharged from such at- 
tachment. They shall receive therefor a reasonable com- 
pensation, to be ascertained and determined by the court 
out of which the attachment issued, and the same shall be 
charged in the fee bill of such officer, and shall be collec- 
table as part of the costs in the attachment. 

Sec. 23. No suit or writ of attachment shall abate by 
the death of either party, where the cause of action would 
survive to the executor or administrator; but such death, 
being suggested upon the record, the cause shall proceed 
under the regulation following: "Whenever a plaintiff in 
an attachment shall die, the executor or administor of such 
plaintiff shall, within three months, after the probate of 
the will, and obtaining letters testamentary, or after ob- 
taining letters of administration, cause to be issued by the 
clerk of the court in which such attachment is pending a 
scire facias^ returnable to the next term of the said court, 
giving notice of his intention, to become a party in the 
place and stead of the deceased testator or intestate; which 
shall be published at least four weeks successively in some 
newspaper published within this state, previous to the 
commencement of the term of such court, to which such 
scire facias is returnable, proof of which being exhibited to 
Ac court, such executor or administrator may on motion., 



ATTACHMENTS. 77 

be made plaintiff therein, and the cause shall thereupon 

proceed. And where the defendant shall die, a scire fa- T h YS a i of 

*..... • f • i • i- . i a xi tl.c dett the 

:i s shall issue in manner aforesaid, immediately atter the cause to pro- 
expiration of two months; winch scire facias, shall contain ueedafifer no- 
a notice to the legal representatives »f the defendant, ^n^tive 
whether executor, administrator or heirs, of the pendency 
of such attachment, and of the intention of the plaintiff 
to proceed with the same; which being published in like 
manner for four weeks successively, before the sitting of 
such court, in the case of an absconding or concealed 
debtor, or one who was standing in defiance of an officer, 
at the time of suing out such attachment, or one who in- 
tended to depart, or had departed from the state with the 
intention of removing his effects and personal estate, be- 
yond the limits of this state ; and in the case of a non-resident 
debtor, in some newspaper printed in this state, four times 
before the first day of the term of such court, and proof 
of such publication, being exhibited to said court to the 
satisfaction thereof, it shall be lawful for the plaintiff to 
proceed with his attachment, as if such death had not taken 
place. The executor, administrator, or other legal repre- 
sentative of the defendant, may appear at the return of 
the scire facias, and upon giving bond and security upon 
the same terms, and for the performance of the same 
conditions, that the defendant would have been required 
to give by this act, if living, shall be permitted to plead, 
and defend the said attachment, in the same manner as his 
testator, intestate, or ancestor might have done. , 

Sec. 24. Any defendant against whom an attachment ed aUho' wt" 
may be sued out, under the provisions of this act, or gar- dae 
nishce, may avail himself in his defence of any set off pro- 
perly pleadable by the laws of this state, notwithstanding 
such set off, may not be due, at the time of suing out such ^ay Setoff 
attachment, or at the trial thereof: any claim due, or not ci,;m against 
due, may be set of! by the garnishee, whether it exist a- V ,f[0 - ,,ctt 
gainst the plaintiff or defendant in the attachment. ineasetwoor 

Sec. 25. la all cases where more than one attachment more attaehr 
shall be issued against the same person or persons, and JJ^u^Si^ 
returned to the same term of the court to which they are gamedeftand 
returnable, and judgment shall he rendered therein, property at- 
against the defendants, or against the defendants and gar- sufficient," 1 " 
nishee or garnishees, or where a judgment in a civil ac- piaimKfabaU 
tion shall also be rendered at the' same term against the JJJg^JJ 8 
defei dant who is the same person and defendant in the par l " 
atl h ' meat or attachments, the court shall direct the clerk 
to make an estimate of the several amounts each attach- 
j ■ ■■! ; 'i ! jment rredi tor will itled i^ out of the pro- 

per it. attached either in the hands of any 



"8. ATTACHMENTS. 

garnishee, or otherwise, after the sale, and receipt of the 
proceeds thereof by the sheriff, calculating such amount 
in proportion to the amount of their several judgments, 
with costs, as the same will respectively bear to the 
amount of the sum received, so that each attaching and 
judgment creditor will receive his just part thereof in 
proportion to his respective demand, the clerk shall there- 
upon certify the several amounts thereof to the sheriff, 
who shall pay over to the respective parties, the several 
sums so certified, and endorse such pa)ments on their re- 
spective executions. 
Attachments Sec. 26. On proof being made before any judge or jus- 
ih crtain cas- tice of the peace, or clerk of the circuit court within this 
lunday ed0B state tnat a debtor is a ctual *y absconding, or concealed, 
or stands in defiance of an officer duly authorized to arrest 
him on civil process as aforesaid, or has departed this 
state, with the intention of having his effects and person- 
al estate removed out of the state, or intends to depart 
with such intention, it shall be lawful for the clerk to is- 
sue, and sheriff or other officer to serve an attachment 
against such debtor on a Sunday, as on any other day, as 
is directed in this act. 

Sec. 27. The plaintiff or defendant in any attachment 
or .-.ppeal * ne garnishee and the sheriff, or either of them, who may 
raay be pros- feel aggrieved by the judgment of the court, may prose- 
ccuted cu j- e wr j£ S of error, and take appeals, as by law is provided 

in other cases in the circuit courts, and be entitled to re- 
cover their costs, as in other cases. 
This act shall Sec. 28. This act shall be construed in all courts of 
be construed justice in the most liberal manner for the detection of 

liberally tor V, i 

detection of iraua. 

fraud Sec. 29. All acts, and parts of acts, coming within the 

intent, spirit and meaning of this act, and the objects and 

repeaied laWS P rocee dings to which it relates, and heretofore in force in 
this state, are hereby repealed. No proceedings, how- 
ever, had, or rights secured under them shall be in any 
way impeded or impaired, hut may be prosecuted and 
enforced, as if this act had not taken effect. 

This act to take effect on the first day of June next. 

[Approved, Jon. 24, 1827.] 



ft 

ATTORNEYS. 

AY ACT relating to the Attorney General and State's . . : 

/j^ u In force tdtfj 

Attorneys. Feb. 182™ 

Sec. t. Be zV enacted 63/ /Ae Peop/e o//ta State of Illinois, 
represented in the General .Assembly, That the attorney 
general shall continue to reside in, and perform the Sjjjf * of J*" 
duties of said office, for the first judicial circuit of this ^ ney ^ n( 
stale. It shall be h's duty to attend at each circuit court 
to he held in each of the counties belonging to said judicial 
circuit, and to commence and prosecute all actions, suits, 
process, indictments and prosecutions, civil and criminal, 
in which the people of this state, the president and direc- 
tors of the State Bank of Illinois, or any county within 
sail judicial district may be concerned; to defend all ac- 
tio is brought within said judicial district, against the au- 
ditor of public accounts, state bank, or any of the counties 
aforesaid, to prosecute all forfeited recognizances, and all 
suits and actions for the recovery of debts, revenues, mo- 
neys, fines, penalties and forfeitures, accruing to the peo- 
ple of this state, or any county within the judicial district 
aforesaid. He shall give his opinion without fee or re- 
ward, to any county commissioners' court, and to any jus- 
tice of the peace within his circuit, when required so to 
do, upon any question of law relating to any criminal or 
other matter, in which the people, or any county is con- 
cerned; and he shall perform such other and further du- 
ties, as may be enjoined on him by law. 

Sec. 2. It shall be the duty of the attorney general to 
attend each of the terms of the supreme court, and there 
commence, prosecute or defend every case that the peo- BU p. at ^r t 
pie of this state, the auditor of public accounts, the state 
bank or any county of this state shall in any wise be a 
party to, or interested in the result. It shall be his fur- 
ther duty to prosecute all impeachments which may be 
tried before the supreme court or the senate of this state. 
He shall also, when required, give his opinion and advice 
in writing, without fee or reward, to the general assemblv, .„5L e ^ le 
or either branch thereof, upon any question of law; and meutsand 
to the governor, or the person exercising the office of go- * dT,8e * he «% 
vcrnor, the secretary of state, auditor of public accounts, ernmeut 
and state treasurer, upon any question of law relating to 
the duties of their respective offices, which may be sub- 
mitted to him by them or either of them. 

Sec. 3. There shall be appointed by the governor, at 
the present session of the general assembly, by and with jj;*^£j2Jg 
the advice and consent of the senate, one stated attorney, pointed 



80 ATTORNEYS. 

for" each judicial circuit in this state, except the cir- 
cuit in which the attorney general resides, and the per- 
son so appointed shall be commissioned by the governor, 
to continue in office for four years from and after his ap- 
pointment; and when any additional judicial circuit shall 
hereafter be created, it shall be filled, and the person com- 
missioned in like manner, to continue in office as aforesaid: 
Their duties Each state's attorney shall reside within the circuit for 
which he is appointed, and shall do and perform all the 
duties, within the judicial circuit in which he shall reside, 
which are, by the first section of this act, required of the 
attorney general, in the circuit in which the said attorney 
general shall reside: and each of said state's attorneys 
shall perform such other duties as may be enjoined on 
them by law. 

Sec. 4. It shall be the duty of the attorney general and 
To attend ex- stale's attorneys to attend, if in their power, the examin- 
iriS^rfEbe? ation of al1 Persons brought on habeas corpus before a 
*s corpus judge of the supreme or circuit court, within their circuits 
respectively; and, if convenient, shall attend the examin- 
ations, within their respective circuits, of persons accused 
of felonious crimes, on being notified of the same. 

Sec. ^. When the attorney general, or any state's at- 
rm-* o tornev, shall be interested in any cause or proceeding:, 
appoint com- civil or criminal, which it is, or shall be mace his duty to 

p. tern per- prosecute or defend, the court in which such cause is pend- 
son :o prose— • i ■ i . . , r 

cute hi ccr- ln g> or t0 be brought, may appoint some competent per- 
taia easts son to prosecute or defend such cause, and in all cases, 
where the attorney general or state's attorney shall be ab- 
sent or sick, and unable to attend to the discharge of his 
duties, the court in which any of his duties are required 
to be performed, may appoint some competent person to 
discharge such duties, until the attorney general or state's 
attorney appear and resume the discharge of his duties; 
and the person so appointed shall possess the same power 
in relation to such causes and the business in such court, 
and shall be entitled to the same fees therefor, as would 
have been allowed to the attorney general or state's attor- 
ney for said services. 

Sec. G. The attorney general shall have a right to call 
Att. pen. may upon any of the state's attorneys to assist him in the prose- 
auorneysto* cali , on > °. r 5n the defence of any suit in the supreme court. 
assist or the trial of any impeachment which it shall be the du- 

ty of the attorney general to attend to; and any state's 
attorney being so required shall give his assistance ac- 
cordingly. 

Sec. 7. The act entitled "An act for the appointmenl 
erf of circuil Hd denning their duties and the du- 



AUDITOR'S WARRANTS. 

fies of the attorney general," approved March 23, 1819, 
as id the act entitled "An act supplemental to an act en- 
titled fc An act for the appointment of circuit attorneys and 
defining their duties, and the duties of the attorney gen- 
eral,' approved March 23, 1819," approved January 18, 
1825, he, and the same are hereby repealed. 
This act to take effect from and after its passage. 

[Approved, Feb. 17, 1827.] 



AUDITOR'S WARRANTS. 

AN ACT relative to the disbursements at the Treasury, and the F e Jff^ 9tfa 
mode of issuing and redeeming Auditor's Warrants, 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That in all cases 
where the sum to be paid out of the state treasury is evi- 
d< tly intended to be in dollars and cent?, aid not instate Warrants to 
paper at par, the auditor shall issue his warrant for such JoVtauTpaner 
amount of state paper, as shall be deemed equivalent to 
the sum due; such amount to be ascertained as follows, State paper 
to-wit: the discount at which state paper shall be paid E^JJjijjJ 
out of the state treasury, shall be fixed by the secretary of state &c 
of state, auditor of public accounts, state treasurer, and 
cashier of the state bank, who shall, on the 29th days of 
March, June, September and December, in each year, 
until the month of March, 1830, meet at the auditor's of- 
lice for that purpose: Provided however, that state paper state^aper* 
shall, until the 29th day of March next, be paid out of the regulated 
state treasury at the price fixed by the above mentioned 
persons in December last: and it shall not be paid out of 
the state treasury after the 29th day of June next at a 
greater discount than twenty-seven and a half per cent; 
after the 29th day of September next, it shall not be paid 
out at a greater discount than twenty-five per cent; after 
the 29th day of December next, it shall not be paid out at 
a greater discount than twenty-two and a half per cent; 
after the 29th day of March, 1828, it shall not be paid out 
at a greater discount than twenty percent; after the 29th 
day of June, 1828, it shall not be paid out at a greater 
discount than seventeen and a half per cent; after the 
29th day of September, 1828, it shall not be paid out at a 
greater discount than fifteen per cent; after the 29th day 
of December, 1828, it shall not be paid out at a greater 
discount than twelve and a half per cent; after the 29th 
day of March, 1829, it shall not be paid out at a greater 
11 



62 BAIL. 

discount than ten per cent; after the 29tb day of June. 
1859. it ^hall not be paid out at a greater discount than se- 
ven and a half per cent; after the 29th day of September, 
1829, it shall not be paid out at a greater discount than five 
percent; after the 29th day of December, 1829, it shall not 
be paid out at a greater discount than two and a half per 
cent; and after the 29th day of March, 1830, it shall not 
be paid out of the state treasury otherwise than at par. 

[Approved, 19ih Feb. 1827.] 



Ih force first BAIL 

June, 1827. vtxuu. 

AN ACT concerning Special Bail. 

Sec. 1. Be it enacted by the People of the State of Illinois^ 
represented in the General Assembly, That in all actions to 
be commenced in_ any court of record in tins state, and 
toayberequir founded upon any speciality, bill or note in writing, or on 
ed the judgment of any court, foreign or domestic, and in 

all actions of covenant and account, and actions on verbal 
contracts or assumpsits in law, in which the plaintiff or 
other credible person can ascertain the sum due, or dam- 
ages sustained, and that the same will be in danger of be- 
ing lost, or that the benefit of whatever judgment may be 
obtained will be in danger, unless the defendant or defen- 
dants, be held to bail, and shall make affidavit thereof be- 
. fore the clerk of the court from which process issues, or 
Affidavit. a j ug ^ ce f the peace of this state; or if the plaintiff re- 
side out of this state, before any judge of a court of re- 
cord, or notary public or officer of the state or kingdom 
in which he resides, or may be duly authorized to admin- 
ister an oath; and such affidavit shall be delivered to such 
Dufrof clerk clerk, he shall issue a capias and endorse thereon an order 
and shenft or di rec tion to the sheriff or officer to whom such process 
9hall be directed, to hold the defendant or defendants to 
bail, in the sum so specified in such affidavit; and it shall 
be the duty of the sheriff or officer serving such process, 
tion sounds™ to take bail accordingly. In actions sounding merely in 
in damages on damages, where the same cannot be ascertained as afo re- 
ly, what the -^ ^ affidavit shall also set forth the nature and cause 

atnJ.ivir shall . i ./•/•, . , 

-MttortU of the action, with the substantial or chief tacts in rela- 
tion thereto: if upon examination thereof, the clerk shall 
be satisfied that sufficient cause is shewn to require bail, 
be shall issue a capias \v\ like manner, and make an order 
thereon, specifying in what amount the defendant or de- 
fendants^ hall be required to give bail; the officer serving 
the process shall in like manner take bail. The bail taken 
us herein directed may be discharged or the amount there- 



BAIL. 33 

of reduced by the court to which the writ is returned, on 
application during the term to which it is returned, upon 
satisfactory proof. 

Sec. 2. Where any writ shall have been issued from any X j^ £ 
court of record in this state, whereon bail is required, the required 
sheriff or other officer to whom the same may be directed, 
shall take a bail bond to himself, with sufficient security 
in a penalty of double the sum for which bail is required. 

i /• .1 r • .- h \ i • Bonn to be 

A id for the purpose of avoiding errors in the taking faken &c 
thereof, the condition shall be substantially in the following 
form: 

"The condition of this obligation is such, that whereas 
A. B. has lately sued out of the circuit court of the coun- 
ty of a certain writ of capias ad respondendum, in a 
certain plea of against C. D. returnable to the next 
term of the said court to be holden at on the 
day of next. Now if the said C. D. shall be and 
appear at the said court, to be holden at on the said 
day of next; and in case the said E. F. shall 
not be received as bail in the said action, shall put in good 
and sufficient bail, which shall be received by the plaintiff, 
or shall be adjudged sufficient by the court, or the said 
E. F. being accepted as bail, shall pay and satisfy the 
costs and condemnation money, which may be rendered 
against the said C. D. in the plea aforesaid, or surrender 
the body of the said C. D. in execution, in case the said 
C. D. shall not pay and satisfy the said costs and condem- 
nation money, or surrender himself in execution, when by 
law such surrender is required, then this obligation to be 
void, otherwise to remain in full force and effect:" which when to he 
bond so taken, shall be returned with the writ, on or be- returned 
fore the first day of the term of the court to which the 
writ is returnable. In case the sheriff or other officer, 
executing such process, and to whom it shall be directed, y^Hty f 
shall neglect to take such bond or the bail be held insuffi- sheriff incase 
cicnt, on exception taken and entered of record during oHnsuffieient 
the term to which such writ shall be made return- 
able, the sheriff or other officer having reasonable notice 
of taking such exception, shall in either case, be deemed 
and stand as special bail in the action; and the plaintiff 
may proceed to judgment against such sheriff or other 
officer, as in other cases against special bail. 

Sec. 3. All hail taken according to the directions of this HowWhng 
dci. shall be deemed and taken as special bail, and may „^ i;ust '' 
be proceeded against by an action of debt, in the name of 
the plaintiff in the original action, as in the case of a re- 
cognizance of nail, except where the bail shall he adjudged 
ffi< lent by the court: then the bond shall in that c 



84 BAIL. 

Exception ; n stand as a security to the sheriff, who may, upon a forfei- 
ture of the condition to appear and peifect hail, proceed 
thereon in an action of debt or covenant, to recover the 
amount of whatever damages he may have sustained by 
reason of the non-performance of such condition; a:.d 
shall also have the same right to arrest and detain the 
principal in custody, in case the hail shall be adjudged in- 
sufficient by the court, and the principal snail not perfect 
bail within the time required by law, as the hail might 
have had; if he shall elect to arrest and commit the prin- 
cipal to prison, then his remedy on the bond shall cease, 
and the bond be void. The sufficiency of the hail shall 
be excepted to, during the term to which the writ is re- 
^when 8 to turnable, otherwise the same shall be considered as accep- 
bemade ted by the plaintiff. Objections to the sufficiency of bail 
shall be decided by the court in which the exception is ta- 
ken without delay, on such evidence as may be produced, 
and as it may deem satisfactory: the burthen of proof 
the P °buTth<^ shall lie on the party affirming the sufficiency, allowing 
of proof rests the bail to he examined on oath or affirmation, touching his 
sufficiency. 

Sec. 4. It shall be lawful for the defendant in any 
action in any court of record when bail shall have been 
may surrend- given as aforesaid, to surrender himself, or for his bail to 
er himself o. surrender him at any time before the return day of the 
mrrendlr™ 8 ? P roce ss, which may have been sued out against him as 
him in vaca- bail, to the court in which the suit may be pending, during 
tion the sitting thereof, or in vacation, to the sheriff of the 

Whit ro- coun ty m which process was served. In case the surren- 
ctedingi ETbe der shall be made during the sitting of the court, an entry 
had in shall be made on the records of the court, stating the sur- 

render and commitment of the defendant to the custody 
of the sheriff: if the surrender be made in vacation, the 
Such (rises ^ail or prhicipal shafl obtain a certified copy of the bail 
bond from the sheriff or clerk of the court, in whosesoever 
possession the same may he, and shall deliver himself, or 
he delivered by his bail to such sheriff, who shall thereup- 
on endorse on such copy of the hail bond, an acknowledg- 
ment of the surrender of the body of the defendant to 
his custody, and thereupon the said copy of the bond with 
such acknowledgment shall be hied in the office of the 
clerk of the court in watch the action is pending. Up- 
on giving notice of the surrender, whether made in term 
time or vacation, to the plaintiff or his attorney, and pay- 
lag the costs of the action against the bail, if any have 
accrued, the bail shall be discharged from all liability; 
the defendant shall be committed to the jail of the county* 
there to remain uri-i] discharged by due course of law. — 



BAIL. 8b y 

if the surrender he after judgment, and the plaintiffshall l f thesnm*J 
|d1 charge the defendant in execution within fifteen days jud^eotAe 
after notice thereof, he shall be discharged out of custody; effects thereof 
the plaintiff may, notwithstanding such discharge, have 
execution against the real and personal estate of the de- 
fendant. 

Sec. 5. Any defendant surrendered into custody or 
committed by his bail, in manner aforesaid, may at any ^^Ser^A 
time before final judgment, shall have been rendered in into cusuriy 
l!u nction, discharge himself from custody by giving other Jjjjjj^ ^~ 
good and sufficient special bail; the sheriff or other of- g'vmg other 
Acer authorized to take bail, shall take new bail to the bail 
same effect as is herein before provided. 

Sl:c. G. In all cases of bail under this act, it shall and Bail mav ar- 
may be lawful for the bail to arrest and secure the body ^T h tbe —^ 
of the principal, until a surrender can be made to the pa i 
sheriff of the county, where the suit may be pending, or 
to the court to which the process was returnable. 

Sec 7. Hereafter no suit shall be commenced upon 
any bail bond or recognizance of bail, in any civil action, When suits 

_ • , r • i ' i n u • l m *y be bro t 

until a writ of capias ad satcsjaciennum, snail nave issued on bail bond 
against the defendant in the original action, directed to 
the sheriff of the county in which such defendant was ar- 
rested, and such sheriff shall have returned that the said de- 
fendant was not found in his county; if any action shall 
hereafter be commenced upon such bond or recognizance, 
and it shall not appear upon the trial thereof that a writ of 
capias ad sotesfaciendum was issued and returned in the man- 
ner herein before mentioned^ a verdict shall be found for 
the defendant. It shall be also necessary to charge the 
frail, that such writ of capias ad satisfaciendum should be ^Vn charge 
issued and delivered, at least ten days before the return the bail 
day thereof, to the shenffof the county or officer to whom 
it may be directed; such sheriff or officer shall endeavor 
to serve such writ upon the defendant, any directions which 
he may receive from the plaintiff or his attorney, to the 
contrary notwithstanding. 

Snc. 8. In all cases where judgment shall hereafter be -> 
entered up in any court oi record in this state, against bail against 
anv person or persons as bail for another, and the amount principal 
of such judgment, or anv part thereof, has been paid, or 
discharged by such bail, his, her or their executors, admin- 
istrators or heirs, it shall and may he lawful for such bail, 
or their heirs, executors, or administrators, to ob- 
judgmemtby motion against the person or persons 
for whom 'ie, she or they were bound, for the full amount 
oi w! ■ the said bail, his, her or 

executors or administrators, in such court 



8« BAIL. 

where judgment shall have been entered up against such 
bail, before judgment shall be entered against the prin- 
cipal ten days previous notice of such motion shall have 
been given to him, if a resident of this state, and if a non 
resident, then notice of such motion, shall have been pub- 
lished, for four weeks successively, in some newspaper 
printed in this state. 
Death of prin ^ EC * 9. In all actions against bail, it shall be lawful for 
cipai to be the bail to plead in bar to such actions, the death of the 
plead ia bar principal before the return day of the process against the 
bail; if on the trial of any such issue, the death of the 
principal be found to have happened before such return 
day, judgment shall be given in favor of the defendant; 
he shall notwithstanding be liable to judgment and exe- 
cution for the costs of suit, unless such death shall be 
found to have taken place before the commencement of 
the action. 

Sec. 10. [{ any defendant having given special bail 
Arrest of de- in any action, shall afterwards be legally arrested and de- 
cha'ee b»a?n nvere( ^ over to the executive authority of the United 
certain, cases States, or of anv state or territory thereof, upon a charge 
of having committed a crime out of the jurisdiction of 
this state, and shall be thereupon carried beyond the lim- 
its thereof, such bail shall be discharged from all liability 
incurred as bail, if the defendant has not returned to 
this state discharged from such arrest, before he shall be 
liable to be charged as bail for such defendant. 

Sec. 11. When any defendant in any civil action, shall 
A discbarge nave heen discharged as an insolvent debtor, agreeably to 
un.ier insoiv- the laws of this state respecting insolvent debtors, and a 
kase^baii rC * cer *ifi cate fr° m tne authority lawfully granting the same, 
shall be produced to the court, the bail of such defendant 
shall, in all cases, be entitled to have an exkoneretur enter- 
ed upon the records of the court, which shall thereupon 
operate as a discharge from his bond or recognizance, ia 
the same manner as if he had surrendered his principal in 
court, or to the sheriff as hereinbefore directed : Provided^ 
That judgment shall not have been recovered against him 
as the bail of such defendant. 

Sec. 1 2. Hereafter proceedings by scire facias against 

by'wireflkSai ^ a ''* m CIV1 * cases ? sna ^ n ° f oe allowed in any court of re- 
uot allowed cord in this state. Proceedings already instituted may be 
proceeded in as though this act had not been passed. 

Sec. 13. All acts and parts of acts coming within the 
intent, spirit and meaning of this .act, and the objects and 
claase. lflS proceedings to which it relates, and heretofore in force in 
this stale, are hereby repealer]. No proceedings, howe- 
ver had, or rights secured under them* shall be in any way 



BILLS OF EXCHANGE. 37 

impeded or impaired, but may be prosecuted and enfor- 
ced, as if this act had not taken effect. This act shall 
fake effect on the first day of June next. 

[Approved, Jan. 26/A, 1 827.3 



BILLS OF EXCHANGE. 

AJV ACT concerning Bills of Exchange. fJZlwr* 

Sec. 1. Be it enacted by the People of the State of Illinois , Foreign bills 
Xeprcsvnled in the General ^Assembly, That when any foreign Pleated ho^r 
bill of exchange, which may be drawn for any sum of money, 
expressed that the value has been received, shall be duly 
pesented for acceptance, or payment, and protested for 
non-acceptance or non-payment, the drawer or endorser 
thereof, due notice being given of such non-acceptance or 
non-payment, shall pay said bill, with legal interest, from 
the time such bill ought to have been paid, until paid, and 
ten per cent damages in addition, together with the costs 
and charges of protest. 

Sec 2. If any hill of exchange drawn upon any per- Inland bills 
son, or body politic, or corporate, out of this state, but PJ ^^ 
within the United States, or their territories, for the pay- 
ment of money, and expressed to be for value received, 
shall be duly presented for acceptance or payment, and 
protested for non-acceptance or non-payment, the drawer 
or endorser thereof, due notice being given of such non- 
acceptance or non-payment, shall pay said bill, with legal 
interest from the time such bill ought to have been paid, 
until paid, and five per cent damages in addition, together 
with costs and charges of protest. 

Sec 3. The act entitled "an act regulating bills of Aetofisci 
exchange,'" approved February 14, 1821, shall be and the re P ea,e(i 
same is hereby repealed: Provided, That the repeal of 
said act shall in no way affect or impair any rights or in- 
terests acquired under said act. This act to take effect 
from and after the first day of June next, 

[Approved, Bee. 28, 1826.] 



3S 



2»Iode of com- 
mencing suits 
fh chancery 



' CHANCERY. 

.7uneT827 rSt AJV ACT t0 P rescr &e the mode of proceeding in Chancery 

Sec 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the several circuit 
courts in this state, in all causes of which they may have 
jurisdiction as courts of chancery, shall have power to 
proceed therein according to the mode hereinafter pre- 
scribed, and where no provision is made hy this act in 
cases that may arise, then according to the general usage 
and practice of courts of equity, or agreeably to such 
rules as may be established by the said courts in that be- 
half. 

Sec 2. The mode of commencing suits in equity, shall 
be by tiling a bill setting forth the nature of the complaint 
with the clerk of the circuit court of the county within 
whose jurisdiction the defendants, or the major part of 
them,if inhabitants of this state reside,or if the suit may affect 
real estate in the county where the same, or greater part 
thereof shall be situated-, if the defendants are all non- 
residents, then with the clerk of the circuit court of any 
county; bills for injunctions to stay proceedings at law 
shall be filed in the office of the clerk of the circuit court 
of the county in which the record of the proceedings had 
shall be. 

Sec. 3. Upon the filing of every bill as aforesaid, the 
clerk of the court aforesaid, shall thereupon issue a sum- 
mons directed to the sheriff of the county in which the 
defendant resides, if the defendant be a resident of this 
state, requiring him to appear and answer the bill on the 
return day of the summons, and where there are several 
defendants residing in different counties, a separate sum- 
mons shall be issued to each county, including all the de- 
fendants residing therein. The said summons shall be 
tested in the name of the judge of the circuit court out 
of which it may issue, shall bear date on the day it is- 
sues, and be made returnable to the next term of the court 
after the date thereof, unless the suit be brought within 
ten days immediately preceding any term, in which case 
the summons shall be returnable to the next term thereaf- 
ter. 

Sec 4. Every summons shall he under the signature of 
^f te ' 1,& the c * er k °f the court issuing the same, and the service of 
the summons shall be. by delivering. a copy thereof to the 
defendant, or leaving such copy at his usual place of 
abode,.. milyj of theage of 

ten years or upwards, and informing such person ot the 



Summons 



CHANCERY. 89 

jontents thereof; which service shall be at least ten days 
before the return day of such summons. 

Sec. 5. If a defendant to any bill in equity, shall not 
on the third day of the term to which the summons is re- 
tunable, enter or cause his appearance to be entered by 
a solicitor, in cases where a summons for that purpose 
shall have issued, whether such process be served or not, 
and it shall be made to appear by affidavit to the satisfac- 
tion of the court, that the defendant resides, or hath gone 
out of the state, or cannot on due enquiry be found, or 
doth conceal himself therein, the said court may, by or- 
der, direct the defendant to appear on the first day of the 
next succeeding term, and answer the complainant's bill, 
which order shall within sixty days thereafter, be publish- Plication of 
ed in one of the public newspapers printed in this state 
for four weeks successively, once at least in every week; 
i/ the defendant shall not appear by the time so limited, or 
within some future period to be appointed by the court if 
necessary; and on proof of the publication of the order 
aforesaid, the court may by order direct the complainant's 
bill to be taken for confessed, and make such decree there- 
on as shall be just, and may issue process to compel its 
performance, either by sequestration of the real and per- P"»e«»to 
sonal estate and effects of the defendant so absent or con- pHSmcerf 
cealed, or not found as aforesaid, or such parts thereof as decrees 
9hall be deemed sufficient to satisfy the claim or demand 
of said complainant, or by causing possession of the estate 
or effects demanded by the bill to be delivered to the com- 
plainant, or may order the complainant's claim or de- 
maud to be paid out of the estate and effects so seques- 
tered, according to the true intent and meaning of the 
decree of the said court, such complainant giving such se- 
curity, and in such amount as the court may direct, to 
abide such order as may be made touching the restitution 
of such estate, and effects, in case the defendant shall af- 
terwards appear and be admitted to defend such suit upon 
payment of costs, and such other terms as the court may 
direct. If no such security shall be given, the estate and 
effects so sequestered shall remain under the direction of 
the court, to abide such order as shall be just in the pre- 
mises: If any person residing out of this state as aforesaid, 
against whom a decree is, or shall be made, his heirs, de- 
visee?, executors, administrators or assigns, as the case 
may require, shall within one year after notice jn writing 
given him or them of such decree, or within three years 
after such decree, if no such notice shall have been given l^ ^™ 8 ^ 
as aforesaid, appear in open court and petition to be heard uous 
touching the matter of such decree, and shall pay such 
12 



90 CHANCERY. 

Costs as the court may deem reasonable in that behalf, the 
person so petitioning may appear and answer the com- 
plainant's bill; and thereupon such proceedings shall be 
had as if the defendant had appeared in due season and no 
decree had been made. The decree shall, after three 
years from the making thereof, if not set aside in manner 
aforesaid, be deemed and adjudged confirmed against such 
non-resident defendant, and all persons claiming under 
him by virtue of any act done subsequent to the com- 
mencement of such suit: and at the end of the said three 
years the court may make such further order in the pre- 
mises as shall be required and shall be just. 

Sec. 6. If the defendant shall be brought into court by 
Appearance virtue of any process, being in contempt for refusing to 
appear, and shall continue to refuse or neglect to enter 
his appearance, or to appoint a solicitor of the court to do 
it for him according to the provisions of this act, or the 
rules of the said court, then and in such case the court 
may appoint a solicitor to enter an appearance for such 
defendant, and such further proceedings may be had in the 
said cause as if the party had actually appeared. 

Sec 7. The judges of the said circuit courts may, from 
Circuit courts t j me t tj me j n their several circuits establish rules for 
orders proceedings in taking a hill For confessed in every case 

not otherwise provided for by law; and also for the pro- 
ceedings necessary to entitle either party to a decree or 
order against the opposite party by default; and in such 
other cases as may occur where, according to the justice 
and necessity of the case, the same may be required: No- 
Divorce thing herein contained shall affect proceedings for divorce 

in case of adultery, but such proceedings shall be prose- 
cuted according to the statutes regulating the same, so far 
as provision shall have been made. 

Sec. 8. Every defendant who shall be summoned ac- 
Answer, plea, cording to the provisions of this act, shall file his excep- 
&c - tions, plea, demurrer or answer, to the bill at the time to 

which the process of summons shall be returnable; if he 
Order pro ^ so to ^°' lne ^ ma >' ^ e ta ken as confessed, but for 
confesso good cause shewn, the court may extend the time for ex- 

cepting or pleading, and the court may thereupon enter 
an interlocutory decree, which may be made absolute at 
the next term and carried into effect as other final decrees. 
*SmF. IHhe defendant shall appear at the next term and offer 
to file his answer to the bill, the court may permit him so 
to do upon his showing sufficient cause and paying the costs 
of the preceding terms; in such case the decree shall be 
vacated, and the cause may be proceeded in as in other 
cases. 



CHANCERY. 91 

Sec *). Where a bill is taken for confessed, the court 
before a final decree is made, may, if deemed requisite, ' v negatior.s of 

. . , V j -. hill to be pro* 

order the complainant to produce documents and witnes- ved 

aes to prove the allegations of his bill, or may examine him 

on oath or affirmation touching the facts therein alleged; 

such decree shall be made in either case as the court shall 

oonsider equitable and proper. 

Sec 10. Every answer shall be verified by an oath or 
affirmation taken before and certified by a judge or justice y^fedby 
of tie peace in this state, or the clerk of the court in which oaih 
the action is pending, or before a judge or justice of the 
peace, or other person authorized to administer an oath in 
the state, territory, kingdom or empire, in which the defen- 
dant may be or reside; the official character of such officer, 
if out of this state, being attested by the seal of some court 
of record within such state, territory, kingdom or empire. 

Sec 1 1. When an answer shall be adjudged insufficient, ^^".^L * 
the defendant shall iile a further answer within such time <w t; may be 
as the court shall direct, or on failure thereof the bill shall flle(1 
be taken as confessed; if such further answer shall be like- 
wise adjudged insufficient the defendant shall tile a sup- 
plemental answer, and pay all costs attendant thereon. If 
that shall be adjudged insufficient, the defendant may be 
proceeded against for a contempt, and the like proceed- 
ings be had thereon to enforce the order of the court as in 
other cases of contempt. 

Sec 12. Every defendant shall answer all the inter- Proceedings 
rogatories put to him by the complainant in his bill, unless ID e ^ s the 
excepted to, and after tiling his answer, may exhibit in- insufficient 
terrogatories to the complainant, which shall be answered 
by him specially on oath or affirmation, unless excepted to 
as improper; and such exceptions allowed, and the com- 
plainant's answer shall he evidence in the cause in the 
same mariner as the defendant's answer. 

Sec 1 \ All exceptions to answers or to interrogato- 
ries exhibited by the defendant as aforesaid shall be tiled biu^answers^ 
within such time as the court may direct, and be argued &c 
at such time as the court may appoint. If the complain- 
ant's exceptions be overruled, he shall pay costs to the de- 
fendant, and if the defendant's answer be adjudged insuf- 
ficient, he shall pay costs to the complainant. 

• U. Replications shall be filed within four da J s Replications 
after answer, and shall be general, and all parties shall 
have the 3ame advantage as if they were special; and af- 
ter replication filed the cause shall be deemed at issue, and 
stand for bearing at the next term: or in default of filing 
su<*h replication, the cause nv\ he set for hearing upon 
bill and answer, in which case the answer shall be taken 



92 



CHANCERY 



may 



Court 

extend time 
to answer 



as true, and no evidence shall be received unless it be mat- 
ter uf record to which the answer refers. When the 
complainant shall require a discovery respecting the mat- 
ters charged in the bill, the disclosure shall not be deem- 
ed conclusive, but if a replication be filed ma) be disprov- 
ed or contradicted like any other testimony, according to 
the practice of courts of equity. 

Sec. 15. The said circuit courts when sitting as courts 
of equity may extend the time for answering, replying, 
pleading,demurringorjoiningindemurrer,and may permit 
the parties to amend their bills, petitions, pleas, answers 
and replications, on such terms as the court may deem pro- 
per so that neither party be surprised or delayed thereby. 

Sec. )6. The said circuit courts may in their discretion, 
direct an issue or issues to be tried by a jury whenever it 
shall be judged necessary in any cause in equity pending 
Trial by jury in any of the said courts. In all other cases in equit} , the 
mode of trial shall be the same as has been heretofore 
practised in courts of chancery. 

[•sections from 17 to 25 inclusive are repealed by "An act regulating the 
mode of taking depositions and to provide for the perpetuating ot testimony,*' 
approved Febrnav 9, 1827 ] 

Sec. 26. If in any suit or action now pending, or which 
shall hereafter be brought in any court of chancery, 
there are or shall be two or more complainants or defen- 
dants, and one or more of them die, (if the cause of such 
action or suit survive to the surviving complainant or 
complainants, or against the surviving defendant or defen- 
dants) such suitor action shall not thereb) be abated, but 
such death being suggested and shewn to the satisfaction 
of the court, such suit or action shall proceed at the suit 
of the surviving complainant or complainants, and against 
the surviving defendant or defendants. 

Sec. 27. Where there shall be two or more complain- 
ants or defendants in any suit or action in chancery as 
aforesaid, and any of them die, arid the cause of action do 
not survive, but other persons shall become parties in in- 
terest, in right, or by the death of such deceased party, 
such suit or action Bball by reason of sucli death he abated 
only with respect to such deceased party. The surviving 
complainant or complainants may proceed against the 
surviving defendant or defendants without reviving the 
suit against the representatives of the deceased party, or 
any other who may become interested by the death of such 
party; but in such case such representatives or other per- 
sons becoming interested by the death of such party, shall 
not be bound by any order or decree in such causa 1c 
which they are not made parties; and they may be mne'e 
parties in the manner hereinafter provided. 



Abatement 
by death of 
parties 



CHANCERY. 33 

btc. 28. In all cases where all the complainants or de= 
i tuts in anysuitnow pending, or hereafter to be brought 
in a.i> court ef chancery, shall die before final decree, 
sutii suit or action shall not thereby be abated, but may- 
be revived in the name of the legal representatives of tiie 
deceased or other person becoming interested in the cause 
of action by the death of sucli party. 

Sec. 29. Where any complainant or complainants in 
any suit in chancery shall wish to make the representa- 
tives of any decea^^ed defendant or others who may become 
interested by the death of such defendant, parties to >uch 
suit, no bill of revivor shall be necessary, but such death 
. suggested and shewn to the satisfaction of the court, 
or clerk in vacation, a summons in the nature of a scire fa- 
das may be issued against ail persons residing in this state 
so to be made parties, such court or clerk max make an 
order of publication as to all such as are non-residents, or 
whose names are unknown, in the same manner as in the 
case of non-resident or unknown original defendants, 
which summons shall be served and returned, and such or- 
der published in the same manner, and with the like effect 
to all intents and purposes, as is required in like cases of 
summoning or notifying original defendants. If any per- 
son so summoned or notified, shall not within such time af- 
ter service or publication, as the court shall limit and ap- 
point, appear and put in his answer or signify his disclaim- 
er of the suit and the matters in controversy therein, the 
complainant or complainants may cause his appearance to 
be entered, and in such case the answer of the deceased 
party, if any there be, shall be deemed and taken as, and 
for the answer of such representatives or other person 
summoned or notified as aforesaid; if there be no answer, 
proceedings shall be had in all respects against such person 
as if he had been originally a defendant: Where such de- 
ceased party shall have been complainant in any such suit 
pending as aforesaid, the lawful representatives of such 
. complainant, or any other person or persons whe 
have become interested in the cause of action by the 
death of such complainant, shall, and may upon affidavit 
thereof by him or them, or by any other competent person, 
and <m motion made in court, be by the rule and order of 
the court inserted as a complainant or complainants in the 

suit, and be permitted to make such amendments in Amencfineuis 
the bill as his, her or their title or interest therein may re- 
quire; to which amendments the defendants shall be com- 
pelled to aiiswerasto the original hill; if such person or 
p ; . II not within sin : > lim as the court shall limit 

and i : If, herself, or themselv< 



m CHANCERY. 

ontered as complainant or complainants in the room of such 
deceased complainant, then the surviving complainants (if 
any) shall proceed in such suit against the defendant or 
defendants: if there be no such surviving complainant and 
the representatives of the deceased complainant or other 
persons interested shall not appear as aforesaid, the suit 
shall be abated. 

Sec 30. Whenever a decree shall be made in any suit 
commissioner in equity, directing the execution of any deed or other 

ma\ l;e an- .,? ■, & . J 

pointed toes writing, and the party against whom the same shall have 
ecute deeds been entered, shall not comply therewith within the time 
required, it shall be lawful for the court to appoint a com- 
missioner to execute the same. The execution thereof 
by such commissioner shall be as valid in law, to pass, re- 
lease or extinguish the right, title and interest of the par- 
ty on whose behalf it is executed, as if it had been execut- 
ed by such party in proper person in conformity with such 
decree; and such deed or other writing, if it relate to land, 
shall, within six months after its execution by such commis- 
sioner, be recorded in the office of the recorder of the 
county wherein the land may lie; and if it be not recorded 
as aforesaid, it shall be void as to subsequent bona fide 
purchasers without notice. In all cases where a sale of 
property is decreed, the court may direct the same to be 
made for cash, or on such credit and on such terms, as it 
. mr>y deem best and most equitable to the interests of the 
several parties. 

Sec. 31. All decrees given in causes in equity in this 
Decrees to be s * ate sna M De a nen on rea l estate and shall have the same 
a lieu force and effect as judgments at law. If no commission- 

er be appointed to carry such decree into effect, such de- 
cree maybe carried into effect by execution or other final 
process, according to the nature of the case, directed to 
the sheriff or other officer of the proper county; which, 
may issue when issued, shall be executed and returned by the sheriff 
or other officer to whom it may be directed, and shall have 
the same operation and force as similar writ- issued upon 
a judgment at law. The sheriff or other officer to whom 
the same is directed, shall be subject to the like penalties 
and recoveries for misconduct or neglect in the execution 
or return thereof, as in cases at law; or the court may, if 
eniorcedey necessary, direct an attachment to be issued against the 
attachment party disobeying such decree, and fine or imprison him or 
both in the discretion of the court, and may also direct a 
sequestration for disobedience of any decree, 

Sec. 32. In any cause in equity it shall be lawful for the 

Guardian ad , - . . , ., " . ' ,.* . , v 

l$ tem court, in which the cause is pending, to appoint a guardian 

ad litem to any infant or insane defendant in such cause, 



Upon which 
execution 



CONVEYANCES. 95 

whether such infant or insane defendant shall have beeo 
served with process or not, and to compel the person so ap- 
pointed to act; by such appointment such person shall not 
be rendered liable to pay any costs of suit; and he shall, 
moreover be allowed a reasonable sum for his charges as 
such guardian, to be paid by the party at whose motion he 
was appointed, to be taxed in the bill of costs. 

Sec 33. All acts and parts of acts coming within the in- 
tent, spirit and meaning of this act, and the objects and 
proceedings to which it relates and heretofore in force in Laws repe&N 
tbis state, are hereby repealed. No proceedings, howev- ed 
er, had, or rights secured under them, shall be in any way 
impeded or impaired, but may be prosecuted and enforced 
as if this act had not taken effect. 

This act to take effect on the first dav of June next. 

[Approved, Jan. 26, 18 27. J 



CONVEYANCES. 

AN ACT concerning Conveyances of Real Property* In force July 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That livery of seizin Livery of sei- 
shall in no case be necessary for the conveyance of real z»n unnecessa* 
property; but every deed, mortgage or other conveyance ry " 
in writing, signed and sealed by the party makii g the 
same, the maker or makers being of full age, sound mind, 
discovert, at large and not in duresss shall be sufficient, 
without livery of seizin, for the giving, granting, selling, 
mortgaging, leasing or otherwise conveying or transferring 
any lands, tenements, or hereditaments in this state; so as 
to all intents and purposes, absolutely and fully to vest in 
every donee, grantee, bargainee, mortgagee, lessee or pur- 
chaser, all such estate or estates, as shall be specified in 
any such deed, mortgage, lease or other conveyance: Noth- 
ing herein contained shall be so construed as to divest or 
or defeat the older or better estate or right of any person 
or persons, not a party to any such deed, mortgage, lease, 
or other conveyance. 

Sec. 2. Every estate, feoffment, gift, grant, deed, mort- Efectofw 
• release or confirmation cf lands, tenements, Vejan " 
rents, services or hereditaments made cr had, or hereafter 
to be made or bad, by any person or persons being of full 
age, sound mind, discovert, at large and not in duress to 
any person or persons; and all recoveries, judgments and 
executions had or made, or to be had or made, shall be 
good and effectual to him, her, or them to whom it is, or 



?-• CONVEYANCES. 

shall be so made, had or given, and to all others, to his, 
, her or their use, against the judgment debtor, seller, feoff- 
or, donor, grantor, mortgagor, lessor, releasor or con- 
firmor, and against his, her, or their heirs, or heirs claim- 
ing the same, only as heir or heirs, and every of them; 
and against all others having or claiming any title or inter- 
est in the same, only to the use of the same judgment 
debtor, sellor, feoffor, donor, grantor, mortgagor, lessor, 
releasor or confirmor, or his, her or their said heirs, at the 
time of the judgment, execution, bargain, sale, mortgage, 
covenant, lease, release, gift, or grant made. 
Iteration o'* Sec. 3. Where any person or persons, stand or he seiz- 
cii. .T.-.'.auce to ec |^ oratany time hereafter shall stand or be seized, of and 
ose, he .^ an ^ messuages, lands, tenements, rents, services, rever- 

sions, remainders or other hereditaments, to the use, confi- 
dence or trust of any other person, or persons, or of any 
body politic, bv reason of any bargain, sale, feoffment, fine, 
recovery, covenant, contract, agreement, will or otherwise, 
by any manner of means whatsoever; in every such case, 
all and every such person or persons, and bodies politic, 
that have, or hereafter shall have any such use, confidence 
or trust in fee simple, for term of life or for years, or oth- 
erwise, or anv use, confidence or trust in remainder or re- 
version, shall from thenceforth stand and be seized, deem- 
ed and adjudged, in lawful seizin, estate and possession 
of, and in the same messuages, lands, tenements, rents, 
services, reversions, remainders, and hereditaments, with 
their appurtenances, to all intents, constructions and pur- 
poses, in law of, and in such like estates, as they had or 
shall have in use, confidence or trust of, or in the same; 
and that the estate, right, title and possession, that was or 
shall be in such person or persons that were, or hereafter 
shall be seized of any lands, tenements or hereditaments, 
to the use, confidence or trust of any such person or per- 
sons, or of any body politic, be from henceforth clearly 
deemed and adjudged to be in him, her or them, that have 
or hereafter shall have^such use, confidence or trust, after 
such quality, manner, form and condition, as they had 
before in, or to the use, confidence or trust that was or 
shall be in them. 

Sec. 4. Any person claiming right or title to lands, ten- 
Conveyances emen tg 9 or hereditaments, although he, she or they may be 
Snffing ad- out of possession, and notwithstanding there may be an 
verse posses- adverse possession thereof, may sell, convey and transfer 
; ' h' ( s or her interest in and to the same, in as full and com- 

plete a manner as if he or she were in the actual posses- 
sion of the lands and premises .intended to be conveyed; 
and the grantee or grantees shall have the same right cf 



CONVEYANCES. . 0.7> 

action for the recovery thereof; and shall in all respects 
derive the same benefit and advantage therefrom, as if the 
grantor or grantors had been in the actual possession at 
the time of executing the conveyance. 

Sec. 5. No estate in joint-tenancy, in any lands, tene- 
ments or hereditaments, shall be held or claimed under ^ttsnlntM, 
anv grant, devise or conveyance, whatsoever, heretofore and how ere* 
or hereafter made, other than to executors and trustees, atei * 
unless the premises therein mentioned, shall expressly he 
thereby declared to pass, not in tenancy in common, but 
in joint tenancy; and every such estate, other than to ex- 
ecutors or trustees, (unless otherwise expressly declared 
as aforesaid) shall be deemed to be in tenancy in common. 

Sec. 6. In cases where by the common law, any person Entails not 
®r persons might hereafter become seized in fee tail allowed 
of any lands, tenements or hereditaments, by virtue of any 
devise, gift, grant or other conveyance, hereafter to be 
made, or by any other means whatsoever, such person or 
persons, instead of being or becoming seized thereof in 
fee tail, shall be deemed and adjudged to be, and become 
seized thereof, for his or her natural life only, and the re- 
mainder shall pass in fee simple absolute, to the person or 
persons to whom the estate tail would, on the death of the 
first grantee, devisee, or donee in tail, first pass, according 
to the course of the common law, by virtue of such devise, 
gift, grant, or conveyance. 

Sec. 7. If any person shall sell and convey to another, Title perfee- 
by deed or conveyance, purporting to convey an estate in ^ ^ilcT S^ 
fee simple absolute, in any tract of land or real estate, ly- uresto gratf- 
ing and being in this stale, not then being possessed of the tee 
legal estate or interest therein at the time of the sale and 
conveyance, but after such sale and conveyance, the ven- 
dor shall become possessed of, and confirmed in the legal 
estate, to the land or real estate so sold and conveyed, it 
shall be taken and held to be in trust, and for the use of 
the grantee or vendee; and the conveyance aforesaid, 
shall be held and taken, and shall' be as valid as if the 
grantor or vendor had the legal estate or interest, at the 
time of said sale or conveyance. 

Sec. 8. Every deed conveying real estate, which by any Deeds of de- 
other instrument in writing, shall appear to have been in- [^JJ^'j^ 
tended oily as a security in the nature of a mortgage, thirty dajs 
though it be an absolute conveyance in terms, shall be 
considered as a mortgage; but the person or persons for 
whose benefit any such defeasance, or other writing, in- 
tended to operate as a defeasance is made, shall not have 
the benefit thereof, unless the defeasance or other writing 
intended to operate as such, shall be recorded in the office 
13 ... 



38 CONVEYANCES. 

in which the absolute deed is required to be recorded, 
within thirty days after such absolute deed is recorded. 
All deeds or Sec. 9. Every deed, grant, bargain, conveyance, mortgage, 
other writing* defeasance, bond, covenant or other writing of, and con- 

concernine . 7 . , ' .. • . , 

Ian i to bf ac cerning any lands, tenements, hereditaments or real estate, 
knowledge-! within this state, whereby the same may he affected in law 
fore reconkd or equity (may, in order k> entitle any of the before enu- 
merated writings to be recorded,) be acknowledged by the 
party or parties executing the same in proper person, or 
by his, her or their lawful attorney, authorized by power 
in writing for that purpose specially, or proved by one or 
more of the subscribing witnesses thereto, before one of 
the judges of the supreme or circuit court of this state, 
or hefore one of the clerks of the circuit court, and certi- 
fied by such clerk, under the seal of the said court, or before 
one of the justices of the peace of the county where the 
land intended to be affected or conveyed shall lie; but 
Kow non-res- wnere ^ ne party or parties executing such writing; live or 
convey land be outofthis state,the same may be acknowledged before one 
in this state f t ne judges of the supreme or district court of the Uni- 
ted States, or of the superior courts in any of the United 
States or Territories, or before any clerk of any court of 
record, in any of the United States or their Territories, 
and certified by such clerk under the seal of the court. 
And how au- & ECt ir)# All acknowledgments and proofs of any deeds, 
thenticated conveyances or writings made as aforesaid, by persons, be- 
ing or residing out of the United States, at the time of 
the execution thereof, for the conveyance of any lands in 
this state, taken or made before the mayor or chief officer 
of any city in the kingdom or government, where the par- 
ty or parties executing the same may reside or be, and du- 
ly certified under the seal of office of the said mayor or 
principal officer, shall be of like force and validity, and 
entitle the same to be recorded, as if the same were ac- 
knowledged in the manner prescribed in the preceding 
section of this act. 
Duty of the Sec. 11. No judge or other officer shall take the ac- 
judg'e or other knowlegment of any person to any deed or instrument of 
uv C ackuov'i- wr 'th)g as aforesaid, unless the person offering to make 
edgmentor such acknowledgment, shall be personally known to him 
yroof of deeds to be the real person who, and in whose name such acknowl- 
edgment is proposed to be made, or shall be proved to be 
such, by a credible witness, and the judge or officer tak- 
ing such acknowledgment, shall in his certificate thereof 
state, that such person was personally known to him to be 
the person whose name is subscribed to such deed or wri- 
ting, as having executed the same, or that he was proved 
fpbe such by a credible witness, (naming him:) and on ta- 



CONVEYANCES. 99 

king proof of any deed or instrument of writing by the 
testimony of any subscribing witnesses, the judge or officer 
shall ascertain, that the person who offers to prove the 
same, is a subscribing witness, either from his own knowl- 
edge or from the testimony of a credible witness; and if 
it shall appear from the testimony of such subscribing wit- 
ness that the person whose name appears subscribed to 
such deed or writing, is the real person who executed the 
same, and that the witness subscribed his name as such, in 
his presence and at his request, the judge or officer shall 
grant a certificate, stating that the person testifying as 
subscribing witness, was personally known to him to be the 
person whose name appears subscribed to such deed as a 
witness of the execution thereof, or that he was proved to 
be such by a credible witness, (naming him) and stating 
the proof made by him; and where any grantor or person 
executing such deed or writing, and the subscribing wit- 
nesses are deceased, or cannot be had, the judge or offi- 
cer, as aforesaid, may take proof of the hand writing of 
such deceased party, and subscribing witness or witnesses 
(if any) and the examination of a competent and credible 
witness, who shall state on oath or affirmation, that he per- 
sonally knew the person, whose hand writing he is called 
to prove, and well knew his signature; (stating his means 
of knowledge,) and that he believes the name of such per- 
son subscribed to such deed or writing, as party or wit- 
ness, (as the case may be,) was thereto subscribed by such 
person; and when the hand writing of the grantor or per- 
son executing such deed or writing, and of one subscrib- 
ing witness, (if any there be) shall have been proved as 
aforesaid, the judge or officer shall grant a certificate 
thereof, stating the proof aforesaid. 

Sec. 12. It shall and may be lawful for any married Relinquish- 
woman to release her right of dower, of, in and to any lands ™ent of dow- 
and tenements, whereof her husband may be possessed or 
seized, by any legal or equitable title during coverture, by 
joining such husband in the deed or conveyance, for the 
conveying of such lands and tenements, and appearing and 
acknowledging the same before any judge or other officer 
authorized to take acknowledgments by this act; and it 
shall In- the duty of such judge or other officer, if such 
woman he not personally known to him, to be the person tdentifyof 
who subscribed such deed or conveyance, to ascertain the ^mined 
same by the testimony, of at least, one competent and cre- 
dible witness; and upon being satisfied of that fact, shall 
acquaint such woman with the contents of the deed or 
conveyance, aru) shall examine her separate and apait 
from her husband, whether she execuied the same, and re- 



100 CONVEYANCES. 

linquished her dower to the lands and tenements therein 
mentioned, voluntarily, freely, and without compulsion of 
her said husband; and if she acknowledge that she exe- 
cuted the same, and relinquishes her dower, in the lands 
and tenements therein mentioned voluntarily and freely and 
without the compulsion of her husband, such judge or 
Certificate other officer, shall grant a certificate, to be endorsed on, 
or annexed to, such deed, stating that such woman was 
personally known to him, or was proved by a witness, 
(naming him,) to be the person who subscribed such deed 
or writing; and that she was made acquainted with the 
contents thereof, and was examined, and acknowledged 
such deed as aforesaid; which, being recorded, together 
with the deed, duly executed and acknowledged by the 
Effect of husband according to law, shall be sufficient to discharge 
and bar the claim of such woman to dower, in the lands 
and tenements conveyed by such deed or conveyance. 
Husband and $ EC * 1 3 - When any husband and wife, residing in this 
witv may con- state, shall wish to convey the real estate of the wife, it 
T? re r a !. tS " shall and may be lawful for the said husband and wife, she 

tate of the . . , -> , _ . 

wife being above the age of eighteen years, to execute any 

grant, bargain, sale, lease, release, feoffment, deed, con- 
veyance or assurance, in law whatsoever, for the convey- 
ing of such lands, tenements and hereditaments; and if af- 

ments° Wledg " * er tne executm g thereof, such wife shall appear before 
some judge or other officer, authorized by this act to take 
acknowledgments, to whom she is known, or proved by a 
credible witness to be the person who executed such deed 
or conveyance, such judge or other officer, shall make her 
acquainted with, and explain to her the contents of such 
deed or conveyance, and examine her separate and apart 
from her husband, whether she executed the same volun- 
tarily, freely, and without compulsion of her said hus- 
band; and if such woman shall, upon such examination, 
acknowledge such deed or conveyance to be her act and 
deed, that she executed the same voluntarily and freely, 
and without compulsion of her husband, and does not wish 
to retract, the said judge or other officer, shall make a 
certificate endorsed on, or annexed to such deed or con- 
veyance, stating that such woman was personally known to 
the said judge or other officer, or proved by a witness, 
(naming him,) to be the person who subscribed such deed 
or conveyance, and setting forth that the contents were 
made known and explained to her, and the examination 
and acknowledgment aforesaid; and such deed (being ac- 
knowledged or proved according to law as to the husband,) 
shnll be as effectual in law as if executed by such woman 
while sole and unmarried. No covenant or warrant v con- 



CONVEYANCES. 101 

tained in any such deed or conveyance, shall in any man- To operate 
nor bind or affect such married woman, or her heirs, mr- c | a imastothe 
tli. i than to convey from her and her heirs effectually, her wife 
right and interest expressed to be granted or conveyed in 
sue h deed or conveyance. 

Sec. 14. Where any feme covert, not residing in this Feme covert* 
stato, being above the age of eigbteen years, shall join ^^"f^how 
with her husband, in any deed, mortgage, conveyance, or t o convey 
other writing of, or relating to any lands or real estate, 
situated within this state, she shall thereby be barred of, 
and from all claim ot dower, and all other interest, claim, 
seizin, right and title therein, in like manner as if she were 
.sole and of full age; and the acknowledgment or proof of 
such deed, mortgage, conveyance or othqfr writing, may 
be the same, as if she were sole, and shall entitle such deed, 
mortgage, conveyance or other writing, to be recorded, as 
is authorized by this act. 

Sec 15. All grants, bargains, sales, leases, releases, Deeds to be 
mortgages, defeasances, conveyances, bonds, contracts, J|®° ^aie re« 
and agreements, of and concerning any lands, tenements, corder) as to 
or hereditaments, or whereby the same may be affected JjJwgJJg*™"" 
in law or equity, whether executed within or without this 
state,shall be recorded in the recorder's office in the county 
where such lands, tenements, or hereditaments are lying 
and being, within twelve months after the execution of 
any such writings; and every such writing, that shall at 
any time after the publication hereof, remain more than 
twelve months after the making of such writing, and shall 
not be proved and recorded as aforesaid, shall be adjudged 
fraudulent and void against any subsequent bona fide pur- 
chaser or mortgagee, for valuable consideration, unless 
such deed, conveyance or other writing, be recorded as 
aforesaid, before the proving and recording of the deed, 
mortgage or writing, under which, any such subsequent 
purchaser or mortgagee shall claim. 

Sec. 1G. All powers or letters of attorney, or agency, p owcW6 r af _ 
authorizing the granting, selling, conveying, assuring, re- tome) to be 
leasing or transferring, or for the executing or ackncvvl- recorded 
edging of any grants, sales, leases, assurances or other con- 
v« yances, or writings whatsoever, concerning any lands 
aid tenements, or whereby the same may be affected in 
law or equity, shall be acknowledged or proved, and re- Tobeac . 
corded as herein before required in cases of deeds and knowledges 
oilier assurances, after which all grants, conveyances and or prated 

urances, made and acknowledged, pursuant to the pow- 
er* ni led, unless the same be revoked by a deed duly ac- 
iwlcdged and proven, and recorded a? aforesaid, shall 



102 COSTS. 

be as valid and effectual as if executed and acknowledged 
by the constituent or constituents. 
Beedswheth Sec. 17. Every deed, conveyance, or other writing, of^ 
or not°m a e v d or cor,cern i n g anv lands, tenements or hereditaments, which 
b* read in ev D J virtue of this act, shall be required or entitled to be 
tdence recorded as aforesaid, being acknowledged or proved ac- 

cording to the provisions of this act, whether the same be 
recorded or not, may be read in evidence without any fur- 
ther proof of the execution thereof, and if it shall appear to 
the satisfaction of the court, that the original deed so ac- 
"When the knowledged or proved, and recorded, is lost, or not in the 
original is lost power of the party wishing to use it, a transcript of the 
acopy from record thereof, certified by the recorder in whose office 
may be read * ne same ma y De recorded, may be read in evidence, in any 
in evidence court of this state, without proof thereof. 

Sec. 1 8. All acts and parts of acts coming within the 
Acts repealed purview of thig act? are hereby repealed. 

This act to take effect from the first day of July next. 

[Approved, Jan. 31, 1827.] 



COSTS. 



1st, 1827 AX ACT concerning Costs. 

Sec. 1. Be it enacted by the People of the State of Illinois^ 
represented in the General Assembly, That in all actions on 
Non residents office bonds for the use of anv person ; actions on the bonds 
fy for costs °' executors, administrators or guardians ; qui tarn actions; 
actions on any penal statute; and in all cases in law or 
equity, where the plaintiff or person for whose use an ac- 
tion is to be commenced, shall not be a resident of this 
state, the plaintiff or person for whose use the action is to 
be commenced, shall, before he institute such suit, file, or 
cause to be filed with the clerk of the circuit or supreme 
court in winch the action is to be commenced, an instru- 
ment in writing, of some responsible person, being a resi- 
dent of this state, to be approved by the clerk, whereby 
such person shall acknowledge himself bound to pay, 
or cause to he paid, all costs which may accrue in such 
action, either to the opposite party, or to any of the offi- 
cers of such courts; which instrument in writing may be- 
lli the form, and to the purport following, to wit: 



COSTS, 103 

&. B. ) Court, 

vs. > 

C. D. ) 

I do hereby enter myself security for costs in this cause, Bond 
and acknowledge myself bound to pay or cause to be paid, 
all costs which may accrue in tins action either to the op- 
posite party or to any of the officers of this court, in pur- 
suance of the laws of this state. Dated this day of 

E. F. 

If any such action shall be commenced without filing dismissed ^ 
such instrument of writing, the court, on motion, shall dis- 
miss the same, and the attorney of the plaintiff shall pay The nuo-ney 
all costs accruing thereon; and if a" any time after the shall P a ) c0Sts 
commencement of any suit by a resident of this state, he 
shall become non-resident; or, if in any case the court R v, 
shall be satisfied that any plaintiff is unable to pay the quired UceT- 
costs of suit, or that he is so unsettled as to endanger the fain cases w 
©fficers of the court, with respect to their legal demands, f ^oS Unty 
it shall be the duty of the court, on motion of the defen- 
dant or any officer of the court, to rule the plaintiff on or 
before a day, in such rule named, to give security for the 
payment of costs in such suit: if such plaintiff shall neglect 
or refuse, on or before the day in such rule named, to file 
an instrument of writing of some responsible person, being 
a resident of this state, whereby he shall bind himself to 
pay all costs which have accrued, or may accrue in such 
action, the court shall, on motion, dismiss the suit. 

Sec. 2. If any court shall, before, or after the com- 
mencement of any suit, be satisfied that the plaintiff is a 
poor person, and unable to prosecute his or her suit, and Poor persona 
pay the costs and expenses thereof; they may in their dis- c U a te ^.out 
cretion, permit him or her to commence and prosecute paying costs 
his or her action, as a poor person; and thereupon such 
person shall have all the necessary writs, process and 
proceedings, as in other cases without fees or charge. — 
The court may assign to such person counsel, who, as well Co ? ns *I l ? be 
as all other officers of the court, shall perform their duties aS3!sne 
in such suit without any fees, charge or reward: if judg- 
ment be entered for the plaintiff there shall be judgment 
for his costs; which costs shall be collected for the use of 
the said officers. 

Sec. 3. If any person shall sue in any court of this state, Plaintiff* costa 
any action, real, personal or mixed, or upon any statute l0 be tax, '' i & 
for any offence or wrong immediately personal to the exSSa ** 
plaintiff, and shall recover any debt or damage in such 
action, then the plaintiff or demandant shall have judg- 
ment to recover costs against the defendant, to be taxed; Exception 
ind thp same shall be recovered together with the debt 



104 



COSTS. 



When dffen- 
d:;nt shall re- 
cover coats 



Defendant's 
costs 



Upon demur 
rer 

PifFs costs up 
on demurrer 



Costs to be 
given at the 
discretion of 
the court in 
certain cases 



Where there 
are several 
counts 



Where sever- 
al delts in tort 
some acquit- 
ted 



or damages by execution, except in the cases hereinafter 
me; tioned. 

Sec. 4. If any person shall sue in any court of record 
of this state, any action, wherein the plaintiff or demand- 
ant might have costs in case judgment be given for 
him, and he be - non-pros d, or suffer a discontinu- 
ance, or be non-suited after appearance of the defendant, 
or a verdict pass against him; then the defendant shall 
have judgment to recover his costs against the plain (iff, 
(except against executors or administrators prosecuting in 
the right of their testator or intestate) or demandant to he 
taxed, and the same shall be recovered of the plaintiff or 
demandant, by like process as the plaintiff or demandant 
m; gilt have had against the defendant, in case judgment 
had been given for such plaintiff or demandant. 

Sec. 5. Any person making avowry, justification or 
cognizance in replevin, if the same be found for him, or 
the plaintiff be non-suited or non-pros'd, suffer a discontinu- 
ance, or be otherwise barred, then such person shall re- 
cover his damages and costs against the plaintiff, in like 
manner as the plaintiff would have done, if the same had 
been found against the defendant. 

Sec. 6. If, in any action, judgment upon any demurrer, 
by either party to the action, shall he given against the 
plaintiff or demandant, the defendant shall recover costs 
against the plaintiff or demandant. If such judgment be 
given for the plaintiff or demandant, be shall recover costs 
against the defendant; and the person so recovering costs, 
shall have execution for the same. 

Sec 7. Where any defendant in any action, or plaintiff in 
replevin, shall plead several matters, and any of such mat- 
ters, upon demurrer joined, shall he adjudged insufficient, 
or if a verdict shall be found, in any issue of the cause, for 
the plaintiff or demandant, costs shall be given at the dis- 
cretion of the court. 

Sec. 8. Where there are several counts in any declar- 
ation, and any one of them be adjudged insufficient, or a 
verdict ou 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, detinue, 
replevin, trover or ejectment, and any one or more of 
them shall, upon the trial, he acquitted by verdict, vxevy 
person so acquitted shall recover his costs of suit, in like 
manner as if such verdict of acquittal had been given in 
favour of all the defendants. 



COSTS. 105 

Sec. 10. In all suits upon any writ of scire facias, or On scire facias 
up > i prohibition, the plaintiff obtaining judgment, or an & i )l * ohibilion 
aw ird of execution, after plea pleaded, or demurrer join- 
ed therein, shall recover : lis costs of suit; if the plaintiff 
shall he non-suitcJ, non pros' d, or suffer a discontinuance, or 
a verdict shall pass against him, the defendant shall re- 
cover his costs. , 

Sec. 1 1. In no case in the circuit court shall the fees of Costa for four 
m:>re than four witnesses be taxed against the party ^^ sonIy 
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. 

Sec. 12. In all cases, wbere any action shall be dismiss- Costs in case9 
ed for irregularity, or be non-pros V7 or non-suited by reason ° f n ° n SUU * 
that tiie plaintiff neglects to prosecute the same, the de- 
fendant shall have judgment for his costs, to be taxed, and 
have execution thereof. 

Sec. 13. In all suits and actions commenced, or to be Where the 
commenced for, and on behalf of the people of this state, ^°P^? k A 
or the governor thereof, or on behalf of the president and arepam 
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 recover 
any debt or damages in such action or suit, the plaintiff 
or plaintiffs shall recover costs as any other person in like 
cases: But if such plaintiff or plaintiffs suffer a discontinu- 
ance, 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 peo- 
ple or a county, upon any penal statute. 

Sec. 14. Upon the complainant dismissing his bill in Costswhett 
equity, or the defendant dismissing the same for want of . covered in 
prosecution, the defendant shall recover against the com- e< l uit y 
plainant 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 Cestuyque 
name of one person, to the use of another, the person to use bound for 
whose use the action is brought shall be held liable and c0,t * 
buund for the payment of all costs which the plaintiff may 
be adjudged or bound to puy, to be recovered by action 
on the case. 

14 



106 COSTS. 

Sec. 16. In all rases of appeal or certiorari upon the 
° ru'ra^ 1 ° r Judgments of justices of the peace, when the judgment of 
the justice of the peace shall he wholly affirmed or revers- 
ed, the party succeeding shall recover from the opposite 
party his costs, not only in the circuit court hut before the 
justice of the peace, and shall have his execution there- 
for: 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 ever and above the 
said sum of fifteen dollars shall be paid by himself: where 
the judgment of the justice of the peace shall he 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 a 
*STof fr °r£- 3 ud S e of probate, the costs shall be in the discretion of the 
Latx,kc circuit court. 

Sec. 18. If any person shall sue out a writ of error, or 
Sriw^error ta k e an a PP ea ' to tne supreme court, to review the judg- 
to supreme meat of the circuit court, and the same judgment be af- 
court firmed, or the writ of error be discontinued or quashed, or 

the plaintiff in error or appellant be non-suited, the defen- 
dant 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. 

Sec 19. In e\ery such case, if the judgment or decree 
Per centum be affirmed in the whole, the party prosecuting such writ 
&c may be a-. f error or appeal, shall pay to the opposite party a sum 
not exceeding ten per centum on the amount of the judg- 
ment or decree so attempted to be reversed at the discre- 
tion of the court, and in addition to the costs, shall have 
judgment and execution thereof: Provided, The supreme 
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- 
Coais may be versed in part, and affirmed in part, the costs shall be ap- 
apporuone portioned between the parties, according to the discretion 
of the supreme court. 

Sec 21. The clerk of any court in this state, is hereby au- 
Cutyof clerks thorized and required to tax and subscribe all bills of costs 
arising in any cause or proceeding, instituted in the court 
of which he is clerk, agreeably to the fees which shnll, 
for the time being, be allowed or specified bylaw; 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. 

Sec. 22. If any person shall feel himself aggrieved by 



COUNTIES. W* 

the taxation of any bill of costs by the clerk, be may ap- 
ply to the court in which the action or proceeding was had, 
to rctax the same according to law: If the said court shall 
find any charge allowed lor services not performed, or for ^*™JJ£. 
which the person charged is not liable, or any item charg- giitved 
ed higher than by law is allowed, then the court shall cor- 
rect such taxation, and if the party aggrieved shall have 
paid such unlawful charge, the clerk shall forfeit all fees Jj^jJ*^ 
allowed to him for taxation, and shall pay to the pariy ag- 
grieved 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 ad- Fee Wis may 
judged to pay costs before final judgment, by reason of ^^Us be- 
setting aside non-suit, default, or non-pross, or the granting of fore final 
a continuance or new trial, or otherwise; and in all cases j^gment 
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 pay- 
ment thereof, or either of them, and certify the same un- 
der 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 persons so chargeable, and 
proceed therein in all things as on a writ of fieri facias. 

Sec. 24. All acts and parts of acts coming within the Acts repealed 
purview of this act are hereby repealed: But all costs, ac- 
tions and rights which have accrued under any law, re- 
pealed by this act, are saved from the operation of the 
foregoing repealing clause. 

This act to be in force on the first day of June next. 
[Approved, Jan. Ivth, 1827.] 



COUNTIES. 

# In force July 

«#JV ACT to incorporate Counties, l, 1827 

Sec. 1. Be it enacted by the People of the State of Illinois 
represented in the General Assembly, That each county ^J^JS 
which now exists, or which may hereafter be established 
in this state, shall be a body corporate and politic. All 



U)U COUNTIES. 

suits hereafter to be brought by or against any of the 
counties in this state, shall be brought in the name of, or 

Suits bro't bv against "tbe county of ;" and by that name they 

oouuii s to ^ ma j sue and be sued, plead and be impleaded, defend and 
m eir name ^ e defended, in any court of record, or other place where 
justice shall be administered. It shall he the duty of the 
county commissioners' court of each of the counties of this 
state to take and order suitable and proper measures for 
the prosecuting and defending of all suits to be brought 
by or against their respective counties. 

Sec. 2. All deeds, grants and conveyances heretofore 
Deeds, &c to made, or which shall be hereafter made, and duly ac- 
cou-aies when knowledged and recorded, as other deeds conveying any 
lands, tenements or hereditaments, to any county or the 
inhabitants of any county and their successors, or to the 
county commissioners, or to the county commissioners* 
court, or to the governor, or any other person or persons 
by whatever form of conveyance, for the use and benefit of 
any county, shall be good and valid to all intents and pur- 
poses, to vest in such county in fee simple or otherwise, all 
sucii right, title, interest and estate as the grantor or gran- 
tors in any such deed or conveyance had at the time of 
the execution thereof, in the lands conveyed, and was in- 
tended thereby to be conveyed. 

Sec. 3. The county commissioners' court may by their 
Power of order to be entered on their minutes, appoint a commis- 

commis8ion- , ,, , j. « , ' */ r . . 

era' court o*- sioner to sell and dispose oi any real estate ot their county, 
ver county and the deed of such commissioner, under his proper hand 
property an( j gea ^ ^ v an£ j . fi Dena if r sucn county, duly acknowl- 
edged and recorded, shall be sufficient to all intents and 
purposes to convey to the purchaser or purchasers, all the 
right, title, interest and estate, whatever which the county 
may then have in and to the premises^ so to be conveyed. 
Sec. 4. All notes, bonds, bills, contracts, covenants, 
Capacity of to agreements or writings made, or to be made, whereby any 
contract person or persons is, are or shall be bound to any county 
or the inhabitants thereof, or the county commissioners, or 
county commissioners' court, or to the governor, or any 
other person or persons, in whatever form for the payment 
of money, or any debt or duty, or the performance of any 
matter or thing to the use of any county shall be as valid 
and effectual to all intents and purposes, to vest in the said 
county all the rights, interest and actions, which would be 
vested in any individual, if any such contract had been 
made directly to him: Suits may be commenced, sued and 
prosecuted thereon in the name of said county as is pro- 
vided in the first section of this act; or in the name of the 
person to whom they are made to the use of the county, as 



COUNTIES. *0& 

fully and effectually, to all intents and purposes, a3 any 
p. rsoii may or can upon like notes, bills, bonds, contracts, 
agreements or writings made to him. 

Sec. 5. The county commissioners' court may appoint 
an agent or agents, to make any contract on behalf of such ap poi a ™gent« 
county for erecting any county building, or for any other 
purpose authorized by law. The contracts of such agent 
or agents duly executed for and on behalf of such county, 
shall be valid and effectual to bind such county to all in- 
tents and purposes. 

Sec. 6. Ail actions, local or transitorv, against any A< r tl ° ns *- 
county, may be commenced and prosecuted to nnal judg- & \ n f avQ i? 
ment and execution in the circuit court of the county 
against which the action is brought. Any action, local uhere P rese ~ 
or transitory, in which any county shall be plaintiff, may cutet 
be commenced and prosecuted to final judgment, in the 
county in which the defendant in such action resides. — i n actions a- 
When any action shall be commenced against any county, gainst eounties 
a copy of the summons shall be left with the clerk of the ££JS^3i 
commissioners' court, either during the sitting of said the summon* 
court, or so as a term of said court shall intervene between 
the day of leaving a copy of such summons and the return 
day thereof. There shall always be ten days between J? e n da} ' 3 n0 ~ 
the service and return of every such summons. In all ac- 
tions brought by or against any county, the inhabitants of When county 
the county so suing, or being sued, may be jurors or wit- j* deft inhs jjjj"" 
nesses, if otherwise competent or qualified according to jailors 
law. 

Sec. 7. When any judgment shall be rendered against 
any county, it shall be the duty of the county commission- ^T ofcona - 

i l a. j j- *. i j ii • , miss'oners af- 

ers court to order a warrant to be drawn on their treasur- to? judgment 
er for the amount of the judgment and costs; which war- 
rant shall be paid as other county debts. Nothing herein 
contained shall authorize any execution to be issued 
against lands or other property of any county of i his state. 
Sec. &. All acts and parts of acts coming within (he 
purview of this act,' are hereby repealed. This act to 
lake effect from and after the first day of July next: Pro- 
vided^ That this act shall not affect any contract or right 
which may have accrued to, or against any county before 
the passage of this act; and all actions and suits shall he 
conducted in the same manner, to final judgment, on the 
said rigiits and contracts as if this act had not been pass- 
ed. 

[Approved, Jan. 3, !827.] 



Acts rep :? 1 1 



no COUNTIES. 

AN ACT 

Requiring persons zvho petition the General Assembly to gke 
i!!i82r° Une &rta*n notices before such petitions are finally acted upon. 

Sec. 1. Be it enacted by the People of the State of Illinois , 
Four weekB represented in the General Assembly, That no petition or pe- 
gijea e t0 be ti llons shall, after the end of the present session of the gen- 
eral assembly, be finally acted upon, which prays for a 
change of county lines, the erection of new counties, the 
removal of the seat of justice of any county, or which may 
affect the rights and interests of any person or persons, 
unless the petitioner or petitioners shall have given four 
weeks' notice in some uewspaper printed in this state ; 
and a copy of said advertisement shall be put up on the 
court house door in said county, at least two months be- 
fore such petition or petitions shall be presented to the 
general assembly. 

Sec 2. The act entitled "An act relative to the forma- 
tion and division of new counties" is hereby repealed. 
Vocountvto Sec. 3. That no county shall hereafter be divided, or 
be divided un- county seat removed, unless it be done on a petition, sign- 
less on peti- e( j by a majority of the qualified voters of said county, so 
fy ©fvotera" to De divided, or the county seat removed; which petition 
shall particularly describe the line or lines of division or 
curtailment so proposed, and the particular place to which 
such county seat is proposed to be removed. 

This act to be in force from and after the first day of 
June next. 

[Approved, Dec. 26, 1826.] 



PERRY COUNTY. 

in force Jar u. jjy 1CT cteatim Perry County. 

Sec. 1. Be it enacted by the People of (he State of Illinois^ 
represented in the General Assembly, That all that tract of 
country within the following boundaries, to-wit: Begin- 
$oundariea ning at the north east corner of township numbered four, 
south of range numbered one west; thence due west, on 
the line between townships three and four, twenty-four 
miles to the north west corner of township four south, of 
range four west; thence due south, on the line between 
ranges four and five, eighteen miles, to the south west cor- 
ner of township six south, of iange four west; thence due 
eaaj on the line between townships six and seven, twenty- 



COUNTIES/ Ill 

ibur miles, to the south east corner of township six south, 
of range one west; thence due north on the third princi- 
pal meridian line, eighteen miles to the place of begin- 
ning, shall constitute a new county, to be called the 
county of Perry. . 

Sec. 2. That for the purpose of locating the permanent e /s™oTc*:e 
seat of justice for said county, the following named per- jfiewat of 
sons shall be, and they are hereby appointed commission- jusuce * 
crs, to-wit: Edward Humphreys and Samuel Crawford, 
of Randolph county, and Singleton H. Kimmel, of Jack- 
son county, whose duty it shall be to meet at the house of 
Amos Anderson, in said county, on or before first Monday 
of April next, and after being duly sworn before some 
judge or justice of the peace of this state, faithfully and Their duty 
impartially to discharge the duties imposed upon them by 
this act, shall proceed to determine upon a place upon 
which to locate the permanent seat of justice, for said 
county: Provided, The proprietor or proprietors of 
the land so selected, will give to the county, for the pur- 
pose of enabling it to erect the necessary public buildings, Donation to 
a quantity of land not less than twenty acres; which said be made 
land shall be conveyed to the county commissioners of 
said county and their successors in office, for the use of 
the people of said county, by a good and sufficient deed in 
fee simple, in the customary form, and with the usual cov- 
enant of warranty; and shall afterwards be laid out in- County com. 
to lots, and sold under the direction of the county com- m 'ss»oner'* 
missioners of said county, at such times and upon such u - v 
terms as the said commissioners may appointor the purpose 
of enabling said county to erect the necessary public buil- 
dings as aforesaid. Should the proprietor or proprie- 
tors, refuse to make a donation, as aforesaid, then, and in 
that case, it shall be the duty of the commissioners to fix 
upon some other place for the seat of justice, which place, 
when so fixed and determined upon, shall be considered 
the permanent seat of justice for said county; and the 
county seat when so established, shall be called Pinckncy- Name of to™ 
mile. And the said commissioners shall certify their pro- 
ceedings, under their proper hands and seals, to the first 
county commissioners court, to be held in and for said 
county; which court' shall cause an entry thereof to be 
spread at large on their books of record. 

Sec. 3. Until public buildings shall be erected for the 
purpose and designated by the county commissioners 
court, as such, the several courts of record, with the ex- 
ception of the probate court, shall be held at the house of 
Amos Anderson in said county. 

*>fc. 4. Au election shall be held at the house of the 



H2 COUNTIES. 

Election to be above named Amos Anderson, on the first Monday of May 
next, for three county commissioners, one sheriff, and one 
coroner, for said county, who shall hold their offices until 
the next general election, and until their successors be 
qualified; which said election, shall in all respects be con- 
ducted agreeably to the provisions of the act or acts now 
in force, or which may hereafter be enacted regulating 
elections: Provided, That the qualified voters of said 
county, when met, shall proceed to elect, from among 
their number which may then be present, three qualified 
electors, to act as judges of said election, who shall ap- 
point two qualified voters to act as clerks. 

Clerk's duty §EC. 5. It shall be duty of the clerk of the circuit court, 
who may be appointed for said county, to give public notice 
of the time and place of holding said election, by causing ad- 
vertisements to be set up at three of the most public places 
in said county, at least fifteen days previous to the day 
on which it is hereby directed to be held: and in case 
there shall be no clerk appointed in time, it shall be the duty 
of the recorder to give notice as aforesaid, of the time, 
and place of said election. 
. , Sec. 6. The citizens of the said county of Perry shall 

5e%iij!ei» be and they are hereby declared to be entitled to the 
same rights and privileges, as are or may be allowed in. 
general to the other counties in this state. 

Sec. 7. That until the next general apportionment of 

With what ^he representation of the several counties of this state, all 

to"™ * that part of the said county of Perry, which is hereby ta- 

ken from the county of Randolph, shall constitute a sepa- 
rate and distinct precinct, which shall continue to vote 
with the county of Randolph in all general and special 
elections for senators and representatives to the general 
assembly of this state: and all that part which is taken 
from the couniy of Jackson, shall for the like period, in like 
manner continue to vote with the county of Jackson for 
representatives, and with the counties of Franklin and 
Jackson for senators to the general assembly, in all gene- 
ral and special elections, until otherwise directed by law: 
Provided, That the said county of Perry shall in all other 
elections, and for all other officers, be entitled to vote as a 
free and independent county, without any other or further 
restriction, than is imposed upon other counties in this 
state. The said county of Perry shall be attached to and 
form a part of the second judicial circuit. 

Sec. 8. The said commissioners shall receive as a com- 
Compensiiion pensation for their services, the sum of one dollar and 

Sonera" 18 fifty cents P or <%> ^ or earh da ? !) >' tllPm necessarily spent 
in discharging the duties imposed upon them by this act. 



COUNTTES. U3 

lo be allowed by the county commissioners' court, and 
paid out of the county treasury. 

This act to take eflect from and after its passage. 

[Approved, Jan. 29, 1827.] 



TAZEWELL COUNTY. 

AX ACT creating the County of Tazewell. In force Jana 

ry 31, 1827. 

Sec. 1. Be it enacted by the People of the State of Illinois^ 
represented in the General Assembly, That all that tract of 
country lying within the following boundaries, to-wit: Be- Boundaries 
ginning at the nortli east corner of township twenty, north 
©f the base line, and east of the third principal meridian 
lino, thence north with said range line, to the north line 
©f township twenty-eight north, thence west to the Illi- 
nois river, thence down said Illinois river to the north line 
©f township twenty, north of the base line, and west of 
the third principal meridian; thence east with said town- 
ship line to the place of beginning, shall constitute a new 
county, to be called Tazewell. 

Sec. 2. For the purpose of fixing the permanent seat rj omn y lss ; oa . 
of justice of said county, the following persons are hereby emofix the 
appointed commissioners, viz: Thomas M. Neal, William 3eat ot J ustic ^ 
Lee D. Ewing, and Job Fletcher, who, or a majority of 
them, being first duly sworn befor^ some justice of the peace 
of this state, faithfully to take into consideration the con- 
venience of the people, the situation of the settlement, 
with an eye to future population, and the eligibility of the 
place, shall meet at the house of William OrendorfF, in Their doty 
said county, on the third Monday in March next, or with- 
in five days thereafter, and proceed to examine and deter- 
mine on a place for the permanent seat of justice of said 
county, and designate the same: when the said commis- 
sioners shall designate the place aforesaid, they shall cer- 
tify the same to the county commissioners of said county, 
as soon as they shall be qualified to office, the half quarter 
or quarter section of land so selected for said county seat; 
and it shall be the duty of the said county commissioners, 
as soon thereafter as they may be enabled, to enter the 
same in the land office of the district in which the same 
may be; and they shall immediately thereafter, lay offthe 
same or any part thereof, which they may think proper, 
into town lots; which town, when so laid off, shall be cal- 
led Mackinaw, and sell the same on such terms and condi- Nameofth ^.. 
fions as may be most advantageous to the interests of said towr* 



i'U COUNTIES. 

county, the proceeds of the sales of which, shall be ap- 
propriated to trie erection of a sufficient court house and 
jail. When the property aforesaid shall have been so sold, 
the said county commissioners s all, when necessary, make 
titles to the same, in the name of themselves, and their 
successors in office. 

Sec. 3. Until public buildings shall be erected for the 
TlT^Td 8 P ,ir P ose ' tne co,ir * s sl >all be held at the house of William 
Orendorff, in said countv, or such other place as the coun- 
ty commissioners may appoint. 

Sec. 4. An election shall be held at the house of Wil- 
liam Orendorff, in said couuty, on the second Monday of 
April next, for one sheriff, one coroner and three county 
commissioners for said county, who shall hold their offices 
until the next general election, and until their successors 
are qualified; which said election shall be conducted in 
all respects agreeably to the provisions of the law regula- 
ting elections: Provided, That the qualified voters pres- 
ent, may elect from among their number present, three 
qualified voters to act as judges of said election, who shall 
appoint two qualified voters to act as clerks. 

Sec. 5. It shall be the duty of the clerk of the circuit 
t>ufv of the court of said county, to give notice at least ten days previ- 
cierk ous to the election, to be held on the second Monday in 

April next; and in case there shall be no clerk iri said 
county, it shall be the duty of the recorder, or any justice 
of the peace residing within the limits of said county, and 
commissioned a justice of the peace for the county of Fay- 
ette, or Peoria, to give notice of the time and place of hold* 
ingsaid election. 

Sec. 6. The citizens of the said county of Tazewell, 
are hereby entitled in all respects, to the same rights and 
privileges, as are allowed in general, to other counties of 
• ■ this state. 

Sec. 7. The commissioners appointed to locate the seat 
Compensation of justice of said county of Tazewell, shall receive the 
tocom'rs sum Q f one dollar and fifty cents per day for each day by 
them necessarily spent, in discharging the duties imposed 
on them by this act, to be allowed by the county commis- 
sioners' court, and to be paid out of the county treasury 
of said county. 

Sec 8. The said county of Tazewell, shall be attach" d 
oVthe to, and form a part of the first judicial district, and shall 
•st judicial vote in all general elections, in conjunction with the coun- 
ties of Fayette, Bond, Montgomery, and Shelby. 

Sec. 9. All that tract of country lying north and east 
Attached of said. county of Tazewell, and within the county limits 
gu* of Fayette county, shall be, and is hereby attached to the 



To form a 



Circuit 



COUNTIES. 114 

pDunty of Tazewell, and shall vote in all elections with 
said county; and shall have the same rights and privileges 
that the citizens of Tazewell now have. 
This act to take effect from its passage. 

[Approved, Jan. 31, 1827.] 



SHELBY COUNTY. 

AN ACT creating Shelby County. L^z?** 

^Sec. 1. Be it enacted by the People of the State of Illinois 
•/epresented in the General Assembly, That all that tract of 
country lying within the following boundaries, to-wit: Be- Boundary 
ginning at the north west corner of section nineteen, in 
township nine north, range one east, of the third princi- 
pal meridian, thence north on the said meridian line, thir- 
ty miles to the north west corner of section nineteen, in 
township fourteen north; thence east thirty six miles to 
the north east comer of section twenty -four, township 
fourteen north, range six east; thence south thirty miles 
to the southeast corner of section thirteen; thence west 
thirty six miles to the place of beginning, shall constitute 
a new county, to be called Shelby.. 

Sec. 2. For the purpose of fixing the permanent seat of commission* 
justice of said county, the following persons are appoin- 'rstoi eate 
ted commisioners, to-wit: John Hopton,Easton Whitton, jJs ti c e atQ 
and William Lee D. Ewing, who, or a majority of them, 
being first duly sworn before some justice of the peace of 
this state, faithfully to take into view the convenience of 
the people, the situation of the settlement, with an eye to 
future population, and the eligibility of the place; shall 
meet at the house of Barnet Bone, in said county, on the 
first Monday of April next, and proceed to examine and 
determine on a place for the permanent seat of justice of 
said county, and designate the same: Provided, The pro- 
prietor or proprietors of said land shall give to the county 
for the purpose of erecting public buildings, a quantity of 
land, not less than twenty acres, to be laid out in a square DonatiOQ 
form, and divided into lots of a convenient size, and sold 
for the purpose of erecting public buildings in said coun- 
ty ; but should the proprietor or proprietors refuse to make 
the donation as aforesaid, then, in that case, it shall be 
the duty of the said commissioners to fix on some other 
place for the scat of justice; as convenient as may be, to 
the place first selected: Provided, The proprietor or pro- 
prietors of the land, shall make a donation of twenty acres 



ne 



COUNTIES. 



Where the 
courts to be 
held 



Election 



Proviso 



Clerk's duty 



Rights of the 
citizens 



Compensa- 
tion to corar' 



Attached 
nart 



With what 
counties to 

vote 



of land, to be laid out as above provided for; which place, 
when so fixed upon, shall be the county seat of said < oun- 
tv. The said commissioners shall certify their proceed- 
ings to the next county commissioners' court, to be held in 
and for said county; which court shall cause a record 
thereof to be made in their books. 

Sec. 3. Until public buildings shall be erected for the 
purpose, the courts shall be held at the house of Barnet 
Bone, in said county. 

Sec. 4. An election shall be held at the bouse of the 
gaid Barnet Bone, on the second Monday of April next, 
for one sheriff, one coroner and three county commission- 
ers for said county, who shall hold their offices until the 
next general election, and until their successors are quali- 
fied; which said election shall be conducted in all respects 
agreeably to the provisions of the law regulating elections: 
Provided, That the qualified voters present, may elect 
from among their number present, three qualified voters* 
to act as judges of said election, who shall appoint two 
qualified voters to act as clerks. 

Sec. 5. It shall be the duty of the clerk of the circuit 
court of said county, to give public notice at least ten 
days previous to the election, to be held on the second 
Monday in April next; and in case there shall be no clerk 
in .aid county, it shall be the duty of the recorder, or any 
justice of the peace residing within the limits of said coun- 
ty, and commissioned a justice of the peace for the coun- 
ty of Fayette, to give notice of the time and place of hold* 
ing said election. 

Sec. . The citizens of the said county of Shelby, are 
hereby entitled in all respects to the same rights and priv- 
ileges, as are allowed in general, to the other counties of 
this state. 

Sec. 7. The commissioners appointed to locate the seat 
of justice of said county of Shelby, shall receive the sum 
of one dollar and fifty cents per day, for each day by them 
necessarily spent in discharging the duties imposed on 
them by this act, to be allowed by the county commission- 
ers' court, and to be paid out of the treasury of said 
county. 

Sec 8. All that tract of country lying north of the 
aforesaid county, of, and within the present boundaries of 
the county of Fayette, shall be attached to the said coun- 
ty of Shelby, until otherwise provided by law^ and for 
members of the general assembly, said county of Shelby 
and the attached parts thereof shall vote with Fayette, 
Bond, and Montgomery counties; and the clerks of the 
counties of Bond, Fayette, Montgomery, and Shelby, shall 



COUNTIES. in 

meet at Vandal ia, the county seat of Fayette, to compare 
tin- number of votes given for senator and representatives 
to the general assembly, and sign the necessary certificates 
of election at Vapdalia, and forward the same to the per- 
son or persons entitled to such certificate of election. 

Sec. 9. The county seat of Shelby county, when estab- Name «£*• 
lished, shall be called Shclbyville. 

Sec. 10. The north half of township nine north, range 
one west, all of townships ten, eleven, and twelve north, 
range one west of the third principal meridian, shall he 
attached to the county of Montgomery; and the citizens 
within the tract of country above described, shall have the 
same rights and privileges as the citizens of the county 
now, or shall hereafter have. . . 

Sec. 11. The said county of Shelby shall be, and is 8t;CO ni judi- 
bereby attached to the second judicial circuit. cial circuit 

This act to take effect from its passage. 

[Approved, Jan. 23, 1827.] 



JO DAVIESS COUNTY. 

AN ACT establishing Jo Daviess County. In force Feb. 

° 17, 1327 

Sec 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That all that tract of 
country lying within the following boundaries, to wit: be- Boundaries 
ginning on the north west corner of the state, thence down 
the Mississippi river to the northern line of the Military 
tract, thence east with said line to the Illinois river, thence 
north to the northern boundary of this state, thence west 
with said boundary line to the place of beginning, shall 
constitute a county: and, to perpetuate the memory of 
Colonel Joseph Hamilton Daviess, who fell in the battle 
of Tippecanoe, gallantly charging upon the enemy at the 
head of his corps, the said county shall be called Jo Da- 
viess. 

Sec. 2. The qualified voters residing within said coun- Election 
ty shall meet at the village of Galena on the first Monday 
of June next, and elect three county commissioners, one 
sheriff, and one coroner for said county; and Charles St. 
Vrain, David G. Bates and Patrick Hogan, are hereby 
appointed judges of said election, who shall give notice, 
appoint two clerks, and conduct the said election as other 
elections for the same ofiiccrs are now required by law to 
be published and conducted. 

Sec. 3. That, for the present, until the true boundaries 



U8 COURTS. 

of the county be known, and provision therefor be made- 
by law, for establishing the permanent seat of justice for 
said county, all courts shall be held at the said village of 
Court to be at Galena; the house or place of holding the same being 
made known by an order or notice to be entered on tlie 
records of the court. 

Sec. 4. The said county of Jo Daviess shall be, and 
Tone apart constitute a part of the first judicial circuit; and a circuit 
of the first ju court shall be held therein, on the first Mondays of June 
rfiml circuit a > lc f October, in each and every year. la case the judge 
of the circuit court of said county, cannot attend at any 
regular term of said court, it shall be his duty to notify 
the clerk of said court of the same, who shall immediately 
on receiving such information, notify all the justices oftne 
peace ot said county, and it shall be the duty of the jus- 
tices of the peace, or any three of them, of sa d county, on 
Justice of the receiving such notice, to attend and hold said circuit court, 
pen-e mav who, when sitting in said court, shall have, possess and 
oi court exercise the same power and jurisdiction, in relation to all 
civil and criminal causes, under capital, pending in said 
court, as the circuit judge of said county would have if 
presiding in said court. In all capital cases, the said 
judge shall preside in said court. 

Sec. 5. It shall be the duty of the prosecuting attorney 
Doty of pros- of the first judicial circuit, to prosecute in the circuit court 
ecutingattor- f j £) av iess county, or to depute some person skilled 
in the law, to do the same for him; and in case of failure 
therein, the said justices of the peace shall appoint a pro- 
secutor, who shall receive the same fees, as the proper 
prosecuting officer, if present, mi^ht lawfully receive. 
Sec. 6. The said county shall vote in all general eleo 
To vote with tions, in conjunction with the counties of Peoria, Fulton, 
Schuyler, Adams and Pike. 

[Approved, Xlth Feb. 1827.] 



COURTS. 

AJV ACT to amend an act constituting and regulating the 
In force Jan. Supreme and Circuit Courts of this State, approved Dc- 
12,1827 mn t jcr 09, 1824. 

Sec 1. Be it enacted by the People of the State of Illinois^ 

represented in the General Assembly, That the sixteenth and 

Circuit courts seventeenth sections of the act entitled "An act constitu- 

•abolished ting and regulating the supreme and circuit ourts of this 

state," approved December 29, 1824, be, and the same 

are hereby repealed. 



COURTS. 119 

Sec. 2. That hereafter the chief justice of the supreme 
court, aid tue associate justices thereof, shall hold the cir- Su preme 
cuit courts of this state, in the manner hereinafter provi- Sfelfceourt! 
ded, and shall be governed by the same rules, regulations 
a id restrictions, that are now applicable to the present 
circuit courts of this state. 

Sec 3. That the counties of Peoria, Fulton, Schuyler, 
Ad tms, Pike, Calhoun, Greene, Morgan and Sangamon Circuits 
shall compose the first judicial circuit. The counties of 
Madison, St. Clair, Monroe, Randolph, Washington, Clin- 
ton, Bond, Montgomery and Fayette shall comp< se the se- 
cond judicial circuit. The counties of Jackson, Union, 
Alexander, Johnson, Pope, Franklin, Gallatin, Marion, 
Hamilton and Jefferson shall compose the third judicial 
circuit. The counties of Clay, Wayne, White, Edwards, 
Wabash, Lawrence, Crawford, Clark, Edgar and Vermil- 
ion shall compose the fourth judicial circuit. 

Sec. 4. That Samuel D. Lockwood shall perform cir- Assigned 
cuit duties in the first judicial circuit: Theophilus W. thera 
Smith in the second judicial circuit: Thomas C. Browne 
in the third judicial circuit, and William Wilson in the 
fourth judicial circuit. 

[Approved, Jan, 12, 1827.] 



AN ACT 

Supplemental to an act entitled "An act to amend an act in force Jaa. 
constituting and regulating the Supreme and Circuit Courts vz > n ~ 7 
of this State" approved December 29, 1824. 

Sec 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the act to which 
this is a supplement, shall be construed to continue over suits contin 
to the circuit courts created by said act, all cases, suits, ed overV" 
writs, recognizances, process and proceedings of every 
description and kind, pending at the passage of said act, 
in the circuit courts repealed by said act, with full 
power and authority in the courts so created, to pro- 
ceed to hear and determine and have cognizance of 
all such causes, suits, writs, recognizances, process and 
proceedings, in the same manner the said repealed circuit 
courts could have done, had no change in said courts ta- 
ken place. All writs, process and recognizances, which 
shall be issued or taken, returnable to, or for appearance, 
in the circuit courts of this state, before the statutes pass- 
ed at the present eession of the general assembly shall be 



120 



COURTb. 



printed, shall be considered returnable to, and for appear- 
ance, in the courts created by the act to winch this is sup- 
plemental. [Approved, J an. 12, 1827.] 



Terms of the 
courts 



Fn the first 
circuit 



AN ACT 

In force Feb. 

17, 1827 Changing the Terms of the Supreme and Circuit Courts of 

this State, and for other purposes. 

Sec. 1 . Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the terms of the 
circuit courts in the several counties in this state shall be 
commenced and held at the respective times following, to 
wit: In the county of Greene, on the third Mondays in 
April and September: in the county of Morgan, on the 
fourth Monday in April and September: in the county of 
Sangamon, on the first Mondays in May and October: in 
the county of Tazewell, on the second Mondays in May 
and October: in the county of Peoria, on the nex ; Thurs- 
days after the second Mondays in May and October: in 
the county of Fulton, on the third Mondays in May and 
October: in the county of Schuyler, on the next Thurs- 
days after the third Mondays in May and October: in the 
county of Adams, on the next Tuesdays after the fourth 
Mondays in May and October: in the county of Pike, on 
the first Mondays in June and November, and in the coun- 
ty of Calhoun, on the next Thursdays after the first Mon- 
days in June and November. In the county of Madison, 
on the last Mondays in February and July: in the county 
of St. Clair, on the first Mondays in March and August: 
in the county of Monroe, on the second Mondays in March 
and August: in the county of Randolph, on the third Mon- 
days in March and August: in the county of Perry, on the 
fourth Mondays in March and August: in the county of 
Washington, on the next Thursdays after the fourth Mon- 
days in March and August: in the county of Clinton, on 
the first Mondays in April and September: in the county 
of Bond, on the second Mondays in April and September: 
in the county of Montgomery,, on the next Thursdays af- 
ter the second Mondays in April and September: in the 
county of Shelby, on the third Mondays in April and Sep- 
tember, and in the county of Fayette, on the next Thurs- 
days after the third Mondays in April and September.— 
In the county of Hamilton, on the third Mondays in March 
and September: in the county of Jefferson, on the fourth 
Mondays in March and September: in the county of Ma-- 



fn the second 
circuit 



In the third 
drcuit 



COURTS. 121 

riou, on the Thursdays after the fourth Mondays in 
March aid September: in the county of Franklin, on the 
Irst Mondays in April and October: in the county of 
Jackson, on the second Mondays in April and October: in 
the county of Union, on the third Mondays in April and 
October: in the county of Alexander, on the fourth Mon- 
days in April and October: in the county of Johnson, on 
the first Thursdays after the fourth Mondays in April and 
October: in the county of Pope, on the first Mondays in 
May and November: in the county of Gallatin on the 
second Mondays in May and November. In the county of i n t h e fburth 
White, on the fourth Mondays in March and August: in cireak 
the county of Edwards, on the first Mondays in April and 
September: in the county of Wabash, on the next Thurs- 
days after the first Mondays in April and September: in 
the county of Lawrence, on the second Mondays in April 
and September: in the county of Crawford, on the third 
Mondays in April and September: in the county of Clark, 
on the fourth Mondays in April and September: in the 
county of Edgar, on the next Mondays after the fourth 
Mondays in April and September: in the county of Ver- 
milion, on the next Thursdays after the circuit court com- 
mences in Edgar: in the county of Clay, on the next 
Thursdays after the commencement of the circuit court in 
Vermilion, and in the county of Wayne, on the next Mon- 
day after the court in Clay. 

Sec. 2. The several clerks of the circuit courts of this „ , 

\ l^rks to re— 

state, who were in office at the time of the passage of the m ain m ftice 
act entitled "An act to amend an act constituting and reg- u tHwpeni- 
ulating the supreme and circuit courts of this state," ap- po^^enta 
proved, January 12, 1827, and the supplement thereto, 
passed the same day, shall continue in their respective of- 
fices, and exercise all the duties appertaining thereto, un- 
til superseded in office by appointments under said acts; 
and when any of said clerks shall be superseded in office, 
it shall be their duty, respectively, to deliver over to their Their duty 
successors, all the records, books, papers, office furniture, seJe(1 
and other public property appertaining to said office; and 
the respective circuit courts shall have authority to com- 
pel the delivery over as aforesaid, of such books, records, 
papers, furniture and other property appertaining to said 
office. 

Sec. 3. The chief justice and the associate justices of the : T,l ^ e ' ma y 

J . , . iiii i ,i i interchange 

supreme court, mav interchange and hold each other s circuit* fee 
circuit courts, as often as they may agree to do the same; 
and may award writs of habeas corpus, nc exeat and injunc- 
tion, to run into each other's circuits; and such acts and 
writs shall have the same effect, and be obeyed in the same 
IS 



122 COURTS. 

manner, as if the said acts and writs were done and issued 
Suiter ty ti»eproperjusiice of the circuit, [fanyjustice of the circuit 
•sted another court, shall be interested in any cause in his circuit, it snail 
judge may try be his duty to notify the next nearest justice of the circuit 
court thereof ; and such nearest justice when so notified snail 
attend and hold such court, for the trial of any such case. 
Two terms of Sec. 4. There shall be two terms of the circuit court 
the circmt held annually in each of the counties in this state, at the 
he?d Ui°eaeh court house thereof, or place provided for holding court, 
year which terms snail commence at the respective times spe- 

cified in the first section of this act, and shall be held by the 
chief justice and the associate justices, in their respective 
circuits, as established by law; and shall continue to sit 
from day today, (Sundays excepted,) until all the busi- 
ness pending shall be disposed of, unless it shall be neces- 
sary sooner to close the term, to attend in the next coun- 
ty to hold court. 
rt . . , Sec. 5. When the chief justice or either of said asso- 

Provisiotun . , . .. . . J . . . c 

caseofdisabd ciate justices, shall, by death, resignation, removal trorn 

ityot judge office, or other unavoidable absence, fail to attend and 
hold any circuit court, which he is by this act required to 
liold, it shall be the duty of one or the other of said jus- 
tices, on being informed that such court will not be held, 
to attend and hold such court in the same manner, and 
with the same powers and jurisdiction, as if presiding in 
his own circuit, until the cause which required him to do 
so shall be removed. 
Successors Sec. 6. When the chief justice or either of said asso- 

ciate justices shall be succeeded in office, it shall be the 
duty of his successor in office to preside and hold the 
courts in the circuit of the justice so succeeded. 

Sec. 7. Should the chief justice or either of the said 
teivUne court assoc i at e justioes, Tixil to attend in any county in their re* 
to sund ad- spective circuits, on the day appointed for commenci.'.g 
joumed the term of the circuit court therein, as required by this 

act, the court shall stand adjourned until the next day; 
and should the justice not attend by four ocl^ck, P. M. on 
the second day of the term, the court shall stand adjourn- 
ed until the next succeeding term of the court; and all 
suits, writs, process, indictments and recognizances, of ev- 
ery description or kind, shall stand continued over to the 
next term of the court, as effectually as if the same had 
been continued by the order of the court. 
Judges may Sec 8. The chief justice and the associate justices in 
appo.ni chan- tne - ir respective circuits, may at any regular term thereof, 
appoint a time for holding a chancery term of the court, 
to be entered of record, if in the opinion ofthe justice mak- 
ing such order, ttie business of the court shall require it; 



COURTS. V& 

and all proceeding*, orders, judgments and decrees, made 
at <uch special term, shall have the same validity, as if 
fcitde at the term appointed by this act. 

Sec 9. Whenever any person shall be in the custody of sh cr ifftogive 
the sheriff of any county, charged with the commission of ootico 
any capital offence, it shall be the duty of such sheriff, to 
give notice thereof in writing, to the presiding judge of 
the circuit, or in case of his inability to serve, absence 
frrni the state, or should there be no such judge, to the 
justice of the supreme court, nearest to said county, whose 
duty it shall be to issue a precept, under his hand and seal, 
to the sheriff of such county, commanding him to summon Judge toisau* 
twenty-three grand jurors, and thirty-six petit jurors, to g Uinm0 njuj>.. 
attend at the seat of justice of said county, on a day there- ors 
in mentioned; which shall not be less than fifteen days, 
nor mare than thirty days from the date of such precept: 
but the sheriff shall not give the notice herein required, 
to the presiding or other justice, when a regular term of 
the circuit court will be held in such county within fifty 
davs from the day such person shall have been imprison- 
ed. 

Sec. 10. It shall be the duty of such presiding or other SpeC ; al tPIW 
justice of the supreme court, who shall issue their precept for th« trial # 
as is provided in the preceding section, to hold a special oftender8 
term of the circuit court in such county, at the time spe- 
cified in such precept; and such court shall proceed to the 
indictment, trial and sentence of such prisoner, in the 
same manner, as the circuit court, at a regular term, might 
or could do. The thirty-eighth and thirty-ninth sections of 
the act entitled "An act constituting and regulating the 
supreme and circuit courts of this state," approved De- 
cember 29th, 1824, shall apply and be in force, in rela- 
tion to the special terms provided for by this act. 

Sec. U. The several clerks of the circuit courts in this Clerks to gi»e' 
state, appointed, or who shall be appointed under the act 
entitled "An act to amend an act constituting and regu- 
lating the supreme and circuit courts of this state," ap- 
proved January 12, 1327, and the supplement thereto, 
passed on the same day, shall give bond, be qualified and 
exercise the duties, as specified and required in the act^ 
entitled "An act constituting and regulating the supreme 
and circuit courts of this state," approved December 29, 
1 824 ; and such other duties as are or shall be required by- 
law. 

Sec. 1 2. There shall be one term of the supreme court One term qf 
of this state held annually at the seat of government, on l,p " w,rt 
the first Monday of December: and shall continue to sit, 



124 



CRIMINAL CODE. 



until all the business therein pending shall be decidefl or 
disposed of. 

Sec. 13. The thirty-seventh section of the act entitled 
"An act constituting and regulating the supreme and cir- 
c repealed C(jit courts f tnis gtate," approved December 29, 1824; 
the act entitled "An act supplemental to an act entitled 
an act regulating and establishing the supreme and cir- 
cuit courts of this state,'' approved Januar) 17, 1825; and 
the act entitled "An act changing the terms therein nam- 
ed, and regulating the practice in certain cases,*' approv- 
ed January 26, 1826, are hereby repealed. 

[Approved, Feb. 17//i, 1827.J 



CRIMINAL CODE. 

In force Aug. AN ACT relative to Criminal Jurisprudence* 

!, 1827. 

This act ^ e ^ enacted by the People of the State of Illinois, repre- 

constitute the sented in the General Assembly, That the following act 
criminal code shall, from and after the first day of August next, constitute, 
the code of criminal jurisprudence of this state. 

FIRST DIVISION. 



PERSONS CAPABLE OF COMMITTING CRIMES. 



Definition of 
crirae 



Intention 



Who consid- 
ered of sound 
mind 



Infants 



lunatics 



Tito's 



Sec. 1. A crime or misdemeanor consists in a viola- 
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. 

Sec. 3. A person shall be considered of sound mind who 
is neither an idiot or lunatic, or afflicted by insanity, and 
and who hath arrived at the age of fourteen years; or be- 
fore that age, if such person know the dir>tinction between 
good and evil. 

Sec 4. An infant under the age often years shall not 
be found guilty of any crime or misdemeanor. 

Sec. 5. A lunatic or insane person, without lucid inter- 
vals, shall not be found guilty of any crime or misdemea- 
nor 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 



CRIMINAL CODE. 12$ 

for any crime or misdemeanor with which he or she may 
be cnarged. 

Sec. 7. Any person counselling, advising or encourag- 
ing an infant under the age often years, lunatic or idiot, J^"™'^^ 
to commit any offence, shall be prosecuted for such offence, kc t0 com- 
when committed, as principal; and if found guilty, shall J^ 1 ^"-'^^ 
suffer the same punishment as would have been inflicted >l8 principal 
On said infant, lunatic or idiot, if he or she had possessed 
sound mind or discretion, and been found guilty. 

Sec. 8. A married woman, acting under the threats, A woman «*t- 
command or coercion of her husband, shall not be found Saintofher 
guilty of any crime or misdemeanor, not punishable with husband 
death: Provided, it appear from all the facts and circum- 
stances of the case, that violent threats, command or^ co- 
ercion were used. And in such cases the husband shall . 
, , , . ,, . , . Husband to be 
be prosecuted as principal, and receive the punishment pu , us hed 

Which otherwise would have been inflicted on the wife, 
if she had been found guilty. 

Sec 9. Drunkenness shall not be an excuse for any Drunkenness 
crime or misdemeanor, unless such drunkenness be oc- 
casioned by the fraud, contrivance or force of some other 
person or persons, for the purpose of causing the perpe- 
tration of an offence; in which case the person or persons 
so causing said drunkenness, for such malignant purpose, The person 
shall be considered principal, and suffer the same punish- causing U to 
meut as would have been inflicted on the person or persons be P uuished 
committing the offence, if he, she or they had been pos- 
sessed of sound reason and discretion. 

Sec 10. Acts committed by misfortune or accident, Acts bv mis ^ 
shall not be deemed criminal, where it satisfactorily ap- fortune 
pears that there was no evil design or intention, or culpa- 
ble negligence. 

Sec 1 1. A person committing a crime or misdemeanor 

. , , , r . o Offencescom. 

not punishable with death, under threats or menaces, m j tte d under 
which sufficiently shew that his or her life or member was duress 
in danger, or that he or she had reasonable cause to be- 
lieve, and did actually believe that his or her life or member 
was in danger, shall not he found guilty, and such threats 
or menaces, being proved and established, the person or per- 
sons compelling bv such threats or menaces, the commis- 
sion of the offence shall he considered as principal or prin- 
cipals, and suffer the same punishment as if he, she or 
they, had perpetrated the offence. 

Sec 12. A person that becomes lunatic or insane after Persons be- 
the commission of a crime or. misdemeanor, ought not to be J£ n "" f ns ""*~ 
tried forthe offence during the continuance of the lunacy or after thecom 
insanity. If after verdict of guilty and before judgment pro- 

d O •' # ( J~ .j VI IU1U 111 

.such person become lunatic or insane, theunojudg- be tried 



inissior « ■ a 
crime not to 



m 



CRIMINAL CODfi. 



or punished ment shall be given while such lunacy or insanity shall con-. 

tinue. And if after judgment, and before the execution of 

i.rti— tbe sentence, such person become lunatic or insane, then in 

Until recovery » r # » , 

case the punishment be capital, the execution thereof shall 

be stayed until the recovery of said person from the in- 
sanity or lunacy. In all these cases, it shall be the duty 
A jury to try of the court to empannel a jury to try the question wheth- 
»Meop!una- er ^ e accuse d De » at tne time of such empannelling, iu- 
tie sane or lunatic. 

SECOND DIVISION. 



^cceuorie* 



ACCESSORIES IN CRIMES. 



Definition 



Sec. 13. An accessory is he or she, who stands by, an3 
aids*, abets or assists; or who not being present, aiding, 
abetting or assisting, hath advised and encouraged the 
perpetration of the crime: He or she who thus aids, abets 
or assists, advises or encourages, shall be deemed and con- 

Funishment 6idered as a principal, and punished accordingly. 

Sec. 14. An accessory after the fact, is a person who, 
after full knowledge that the crime has been committed 

after the fact conceals it from the magistrate, or harbors and protects 
the person charged with, or found guilty of the crime. — * 
Any person found guilty of being an accessory after the 
fact, shall be imprisoned for any term not exceeding two 
years, and fined in a sum not exceeding five hundred dol- 
lars, in the discretion of the court, to be regulated by the 
circumstances of the case, and the enormity of the crime* 

THIRD DIVISION. 



Punishment 



WHO MAY BE WITNESSES IN CRIMINAL CASES, 

Sec 5. The party or parties injured shall in all cases be 
Who may be competent witnesses, unless he, she or they, shall he ren- 
witnesses dered incompetent, by reason of his, her or their infamy, 
or other legal incompetency other than that of interest. — 
Their credi- The credibility of all such witnesses, shall be left to the 
biiky jury, as in other cases. 

Sec. 16. No black or mulatto person, or Indian, shall 
^o^Uowe^to k° permitted to give evidence in favor or against any white 
person, in any case whatsoever. Every person who shall 
have one fourth part, or more of negro blood, shall be 
deemed a mulatto. 

Sec. 17. Approvers shall not be allowed to give testi- 
mony. 
f>EC 18. The solemn affirmation of witnesses shall be 



not 
testify 



Approvers 



CRIMINAL CODE. 1» 

itemed sufficient. A false and corrupt affirmation shall 
jWoject the witness to all the penalties and pu .is .meat Affir »aationt 
provided for those who commit wilful and corrupt perju- 
FOURTH DIVISION. 

crimes against 
CRIMES AGAINST THE GOVERNMENT AND PEOPLE. goveruineut 

Sec. 19. Crimes against the government and people 
shall consist in treason and misprision of treason, and can m £pris!uitf 
only be committed by persons owing allegiance to the treason 
State. 

Sec. 20. Treason, shall consist in levying war against .. 
the government and people of this state/ in the same, or treason™ 
being adherent to the enemies of this state, giving them 
aid, advice and comfort in this state, or elsewhere. Any per- 
son being hereof duly convicted of open deed by two or 
more witnesses, or voluntary confession, in open court, 
shall suffer the pains and penalty of death. And when Pui >ish«eirt 
the overt act of treason shall be committed without the 
limits of this state, the person charged therewith, may be 
arrested, tried and punished, in any county of this state, 
within the limits of which he may be found; and the of- 
fence may be charged to have been committed in the coun- 
ty where he may be arrested. 

Sec. 21. Misprision of treason shall consist in the knowl- Misprision <£ 
edge and concealment of treason, without otherwise as- lreaso ". defi- 
senting to, or participating in the crime. Any person found U ° n 
guilty thereof, shall be imprisoned for any term not ex- 
ceeding three years, and fined in a sum not exceeding one Punish»ei# 
thousand dollars, in the discretion of the court before 
whom the conviction shall be had. 

FIFTH DIVISION, 

CRIMES AND OFFENCES AGAINST THE PER90N* 

Sec. 22. Murder is the unlawful killing of a human be- Murder d& 
ing, in the peace of the people, with malice aforethought, fiuiuon ' 
either express or implied. The unlawful killing mav be 
perpetrated by poisoning, striking, starving, drowning, 
Stabbing, shooting, or by any other of the various forms 
or means, by which human nature may be overcome, and 
denth thereby occasioned. 

Sec. 23. Express malice is that deliberate intention, R X preanrfl> 
unlawfully to take away the life of a fellow creature, which »«e 
is manifested by external circumstances, capable of proo£ 

Sec. 24. Malice shall be implied, where no cousidera- 



128 



CRIMINAL CODE 



Implied mal- 
ice 



Punishment 

Manslaughter 
definition of 



What will be 
iustification 



Sudden burst 
of passiou 



Otherwise it 
may be mur- 
der 

Involuntary 
manslaughter 
definition of 



Punishment 



The partv 
killeil must 
die within a 
year & :i day, 
to mnke it 
murder or 
manslaughter 

Accused to be 
tried in the 
county where 
the injury is 
done 



ble provocation appears, or where all the circumstances 
of tne killing show an abandoned and malignant heart. 
The punishment of any person or persons, convicted of 
the crime of murder shall be death. 

Sec. "25. Manslaughter is the unlawful killing of a hu- 
man being, without malice express or implied, and with- 
out any mixture of deliberation whatever. It must be 
voluntary, upon a sudden heat of passion, or involuntary, 
in the commission of an unlawful act, or a lawful act, with- 
out due caution and circumspection. 

Sec 26. In all cases of voluntary manslaughter, there 
must be some actual assault upon the person killing, or an 
attempt by the person killed, to commit a serious person- 
al injury pa the person killing. Provocation by words or 
threats written or verbal, or by menaces or contemptuous 
gestures, shall be in no case sufficient to free the person 
killing from the guilt and crime of murder. 

Sec. 27. The killing must be the result of that sudden, 
violent impulse of passion, supposed to be irresistible; for 
if there should appear to have been an interval betweep 
the assault or provocation given, and the killing, sufficient 
for the voice of reason and humanity to be heard, the 
killing; shall be attributed to deliberate revenge, and pun- 
ished as murder. 

Sec. 28. Involuntary manslaughter, shall consist in the 
killing of a human being, without any intention to do so, 
but in the commission of an unlawful act, or a lawful act, 
which probably might produce such a consequence in an 
unlawful manner: Provided, always, That where such in- 
voluntary killing shall happen in the commission of an 
unlawful art which in its consequences, naturally tends to 
destroy the life of a human being, or is committed in the 
prosecution of a felonious intent, the offence shall be 
deemed and adjudged to be murder. 

Sec. 29. Every person convicted of the crime of man- 
slaughter, shall be punished by imprisonment for a term 
not exceeding three years, and fined in a sum not exceed- 
ing one thousand dollars. 

Sec 30. In order to make the killing either murder 
or manslaughter, it is requisite that the party die within 
a year and a day, after the stroke received, or the cause of 
death administered; in the computation of which, the 
whole of the day upon which the hurt was done, shall be 
reckoned the first. 

Sec 31. If the injury be inflicted, in one county, and 
the party die in another county, or without the state, the 
arm-' <! sh ill be tried in the county where the cause of 
death was administered. 



CRIMINAL CODE. 129 

Sec. 32. Justifiable homicide is the killing of a human Justifiable 
being in necessary self defence; or in defence of habita- 
tion, property or person, against one who manifestly in- 
tends, or endeavors by violence or surprise to commit a 
known felony, such as murder, rape, robbery, burglary 
and the like, upon either person or property; or against 
any person or persons who, manifestly intend and endea- 
vor, in a violent, riotous or tumultuous manner, to enter 
the habitation of another, for the purpose of assaulting 
or offering personal violence, to any person dwelling or 
being therein. 

Sec. 33. A hare fear of any of these offences to pre- 
vent which, the homicide is alleged to have been commit- ^^Jy jj! 
ted, shall not be sufficient to justify the killing. It must i ing 
appear that the circumstances were sufficient to excite 
the fears of a reasonable person; and that the party kill- 
ing, really acted under the influence of those fears and 
trot in a spirit of revenge. 

Sec. 34. If a person kill another in self defence, it 
mu-t appear that the danger, was so urgent and pressing, Se,f defenCe 
that in order to save his own life, or to prevent his receiv- 
ing great bodily harm, the killing of the other was abso- 
lutely necessary. And it must appear also, that the per- 
son killed was the assailant, or that the slayer had, really 
and in good faith, endeavored to decline any further strug- 
gle, before the mortal blow was given. 

Sec. 35. If an officer in the execution of his office, in Of officers 
a criminal case, having le^al process, be resisted and as- 
saulted, he shall be justified if he kill the assailant. If an 
officer or private person, attempt to take a person charg- 
ed with treason, murder, rape, burglary, robbery, arson, 
or any other offence, denominated felony by the common 
law, and he or they, be resisted in the endeavor to take 
the person accused, and to prevent the escape of the ac- 
cused by reason of such resistance, he or she be killed, 
the officer or private person so killing, shall be justified: 
Provided however, That such officer or private person, pre- p r0Y is 
vious to such killing, shall have used all reasonable efforts 
to take the accused, without success; and that from all 
probability, there was no prospect of being able to pre- 
vent injury from such resistance, and the consequent es- 
cape of such accused person. 

Sec. 36. Justifiable homicide, may also consist in una- 
voidable necessity, without any will or desire, and with- Justifiable 
out any inadvertence or negligence in the party killing. An 
officer who in the execution of public justice, puts a per- 
son to death, in virtue of a judgment of a r mpetent 
court of justice, shall be justified. The officer must Iww- 
17 



ISO 



CRIMINAL CODE. 



tion^nuKifr ever * * n * ne performance of his duty, proceed according 

jus;ice 



public 



to the sentence and the law of the land. 

Sec 37. Excusable homicide, by misadventure, is 
where a person is doing a lawful act, without any inten- 
tion of killing, yet unfortunately kills- another; as where a 
man is at work with an axe, and the head flies off, and 
tills a bye-stander; or where a parent is moderately cor- 
recting his child, or master his servant or scholar; or an 
officer punishing a criminal, and happens to occasion death, 
it is only a misadventure, for the act of correction was lawful. 
But if the parent or master exceed the bounds of modera- 
tion, or the officer the sentence under which he acts, eith- 
er in the manner, the instrument or the quantity of pun- 
ishment, and death ensue, it will be manslaughter or mur- 
der, according to the circumstances of the case. 

Sec. 38. All other instances which stand upon the same 
Similar cases footing of reason and justice, as those enumerated, shall 
be considered justifiable or excusable homicide. 

Sec 39. The homicide appearing to be justifiable or 
excusable, the person indicted, shall, upon his trial, be iul- 
ly acquitted and discharged. 

Sec 40. The killing being proved, the burthen of prov- 
ing circumstances of mitigation, or that justify or excuse 
killing is "prev the homicide, will devolve on the accused, unless the 
ed, theaccus proof on the part of the prosecution sufficiently manifest, 

edmustprove "V , ,, . r ... j T , i , , 

the circum that the crime committed, only amounts to manslaughter, 
stands which or that the accused was justified, or excused in committing 

j^yormu the bomidde# 

Sec 41. If any woman shall endeavor privately, eith- 
Concealment er by herself or the procurement of others, to conceal 
of bastards^ tne death °f an y * ssiie of her body, male or female, which 
if born alive, would by law, be a bastard, so that it may 
not come to light, whether it shall have been murdered or' 
not, every such mother being convicted thereof, shall suffer 
imprisonment in the county jail, for a term njt exceeding 
one year: Provided however, That nothing herein contain- 
ed, shall be so construed as to prevent such mother from 
being indicted and punished for the murder of such bastard 
child. 

Sec 42. The distinction that heretofore prevailed be- 
tween petit treason and murder, is hereby abolished. Any 
person who might have been indicted for petit treason, 
munier, abol sna ^ hereafter be indicted for murder, and if convicted, 
punished accordingly. 

Sec 43. If any person shall hereafter wilfully and mali- 
ciously, or by agreement, fight a duel, or single combat, 
with any engine, instrument or weapon, the probable con- 
sequence of which might be the death of either party. 



Excusable 
homicide, de- 
finition of 



'Illustration 



May be mur- 
der, or man- 
slaughter 



When justifi 
al' -ccused 
to be acquit 
ted 



When the 



Punishment 



Distinction 
be> w. en pet 



ished 



Duelling 



CRIMINAL CODE. 13V 

and in so doing, shall kill his antagonist, or anv other per- 

so ■■> or persons, or shall inflict such wound, as that the par- 
ty injured shall die thereof, within one year thereafter, 
every such offender, his second, as well as the second of 
the person killed, and all other aiders, abettors and coun- 
sellors, being thereof duly convicted, shall be considered 
to have committed the crime of murder, and shall be pun* ums men 
ished in the same manner. 

Sec. 44. If any person shall hereafter challenge an- Challenges to 
other to fight a duel with anv deadly weapon, or in any fight duel* 
manner whatever, the probable issue of which might re- 
sult in the death of either; or if any person shall accept a 
challenge, or agree to fight a duel, every person so offend- 
ing, shall, upon conviction thereof, be rendered incapable 
of holding, or being elected to any office of profit, trustor 
emolument, either civil or military, under the government 
of this state, and be fined in a sum not exceeding one 
hundred dollars. 

Sec. 45. If any person shall willingly or knowingly car- seconda- 
ry or deliver any written challenge, or verbally deliver 
any message intended as, or purporting to be a challenge, 
or shall be present at the fighting of any duel as aforesaid, 
as a second, or aid, or give countenance thereto, such per- 
sons so offending, being thereof duly convicted, shall be 
subject to the same fine and disabilities, as are provided 
in case of sending or accepting a challenge, as aforesaid. 

Sec 46. Every person who shall wilfully and malicious- 
ly administer, or cause to be administered to, or taken by Pojsoriin g 
any person, any poison, or other noxious, or destruct'vesub- 
stance or liquid, with an intention to cause the death of 
such person, or to procure the miscarriage of any woman, 
then being with child, and shall thereof be duly convict- 
ed, shall be imprisoned for a term not exceeding three punishment 
years, and be fined in a sum not exceeding one thousand 
dollars. 

Sec 47. Mnihem consists in unlawfully depriving a hu- Mayhem, ^* 

■ . c '' - P , . , , i J j. r • fiQition of 

man being or a member of nis or her body, or disfiguring or 
rendering it useless. If any person shall unlawfully cut out 
or disable the tongue, put out an eye, slit the nose, ear or 
lip, or cut off or disable any limb or member of another, 
with an intention in so doing to maim or disfigure such 
person; or shall voluntarily, maliciously and of purpose, 
pull or put out an eye, or eyes, while fighting or otherwise, 
every such person shall be guilty of nr.yhem; and on con- 
viction, shall be punished by imprisonment, for a term not Punishment 
ex< ending live years, a: id be fined in a sum not exceeding 
one thousand dollars. 

s fc 4l. Rape is the carnal knowledge of a femaleT 



132 



CRIMINAL CODE. 



Itipe, defint* 
tkmof 



Punishment 



What to be 
proved 



Crime against 
nature 



Assault, defi- 
nition of 



With intent 
to murder,&c 

Punishment 



False impris 
onment, defi- 
nition of 



Punishment 

Kidnapping, 
defimtion of 



Punishment 



forcibly and against her will. Every male person of the 
age of fourteen years and upwards, who shall have car- 
nal knowledge of any female child, under the age of ten 
years, either with, or without her consent, shall be ad- 
judged to be guilty of the crime of rape. Every person 
convicted of the crime of rape, shall be publicly whipped, 
not less than fifty, nor more than one hundred stripes, on 
his bare back, and be imprisioned for a term, not more 
than ten years. 

Sec. 49. It shall not be necessary to prove emission, to* 
convict any person of the crime of rape, or of the crime 
against nature. 

Sec. 50. The infamous crime against nature, either 
with man or beast, shall subject the offender to be pun- 
ished by fine, imprisonment and whipping, in the discretion 
of ^he court. 

Sec. 51. An assault, is an unlawful attempt, coupled 
with a present ability, to commit a violent injury on the 
person of another. 

Sec. 52. An assault with an intent to commit murder, 
rape, mayhem, robbery, or larceny, shall subject the offen- 
der to be fined, in a sum not exceeding one thousand dol- 
lars, and imprisonment for a term not exceeding three 
years. 

Sec 3. Assault and battery is the unlawful beating of 
another. 

Sec 54. False imprisonment is an unlawful violation of 
the personal liberty of another, and consists in confine- 
ment or detention, without sufficient legal authority. Any 
person convicted of false imprisonment, shall be fined in 
any sum not exceeding five hundred dollars, or imprisoned 
for a term not exceeding one year. 

Sec 55. Kidnapping is the forcible abduction, or steal- 
ing away of a man, wom.tn or child, from his or her own 
country, and sending or taking him or her into another. 

Sec 56. Every person who shall forcibly steal, take or 
arrest, any man, woman, or child, whether white, black or 
colored, in this state, and carry the same to another coun- 
ty, state or territory, or who shall forcibly take or arrest 
any person or persons whatsoever, with a design to take 
him, her or them, out of this state, without having estab- 
lished a claim according to the laws of the United States, 
shall upon conviction, be deemed guilty of kidnapping. — 
Every person found guilty of kidnapping, shall be fined in 
a sum not exceeding one thousand dollars, and be impris- 
oned for a term not exceeding three years, for each person 
thus kidnapped, or attempted to be kidnapped. 

Sec 57. Every person who shall hire, persuade, en- 



CRIMINAL CODE. 13$ 

tice, decoy, or seduce, by false promises, misrepresenta- Kidnapping 
tiotj8,ai»d the like, any negro, mulatto or colored person, rree ne S l0ef 
not being a slave, to go out of this state, or to be taken or 
removed therefrom, lor the purpose, and with the intent to 
sell such negro, mulatto, or colored person into slavery or 
involuntary servitude, or otherwise to employ him or her, 
for his or her own use, or to the use of another, against 
the free will and consent of such negro, mulatto, or color- 
ed person; any person so offending, shall be deemed to 
have committed the crime of kidnapping, and upon con- Panishraekt 
viction thereof, be puuishtd as in the preceding section. 

SIXTH DIVISION. 

CRIMES AND OFFENCES AGAINST HABITATIONS AND OTHER 
BUILDINGS. 

Sec. 58. Every person who shall wilfully and maliciously 
burn orcause to be burnt any dwelling house, kitchen,office. 
shop, barn,stable, store-house, ware-house, malt-house, still 
house, factor), mill, pottery, or other building, the property 
of any other person, or any church, meeting-house, school- 
house, state-house, court-house, work-house, jail, or other 
public building, or any boat or other water craft, or any 
bridge of the value of fifty dollars, erected across any of 
the waters of this state; every person so offending, shall 
be deemed guilty of arson, and upon conviction thereof, 
shall be fined in an amount equal to the full value of the 
property destroyed ; shall be publicly whipped, not exceed- . 
ingone hundred lashes on his bare back, and imprisoned 
not exceeding three years. And should the life or lives of 
any person be lost, in consequence of any such burning as 
aforesaid, such offender shall he deemed guilty of murder, 
and may be indicted and punished accordingly. 

Sec. 59. Every person who shall wilfully and malicious- 
ly set fire to any of the buildings or other property de- 
scribed in the foregoing section, with intent to burn or de- 
stroy the same, shall be deemed guilty of a high misde- 
meanor; and upon conviction thereof, shall be imprisoned 
for a term not exceeding two years, and be fined in a sum 
not exceeding five hundred dollars. 

Sec 60. Every person who shall, in the night time, wil- Burgh?;- 
fully, maliciously, and forcibly break and enter, or wilful- 
ly and maliciously, without force (the doors or windows 
being open) enter into any dwelling house, kitchen, office, 
>h< n, store-house, ware-house, malt-house, still-house, mill, 
pottery, factory, water craft, church, or meeting-house, 
with intent to commit murder, robbery, rape, mayhem^: 



134 CRIMINAL CODE. 

larceny, or other felony, shalJ be deemed guilty of burgla- 
ry; and upon conviction thereof, shall be whipped, not less 
than fifty, nor more than one hundred lashes, on his bare 
back; be fined a sum not more than one thousand dollar^ 
and be imprisoned for a term not exceeding three years. 



Punishment 



SEVENTH DIVISION. 

CRIMES AND OFFENCES RELATIVE TO PROPERTY. 

Sec. 61. Robbery is the felonious and violent taking of 
Boberv, defi- money, goods or other valuable thing, from the person of 
niuon ot another, by force or intimidation. Every person guilty of 

robbery, shall be fined in a sum not exceeding one thou- 
sand dollars, publicly whipped, not less than fifty, nor 
Punishment more than one hundred lashes, on his bare back, and im- 
prisoned, for a term not exceeding three years. 

Sec 62. Larceny is the felonious stealing, taking and 
Larceny, de- carrying, or leading, riding, or driving away the personal 
. l goods of another. Larceny shall embrace every theft, 

which deprives another of his money, or other personal 
property, or of those means or muniments, by which the 
right and title to property, real or personal, may be as- 
certained. Private stealing from the person of another, 
and from a house in the day time, shall be deemed larce- 
ny. Larceny may also be committed hy feloniously ta- 
king and carrying away any bond* bill, note, receipt, or 
any instrument of writing of value to the owner. Every 
person convicted of larceny shall be fined in a sum not less 
than half the value of the thing stolen, shall be whipped 
Punishment not more t h an one nun( ] rec | lashes, and imprisoned for a 
term not exceeding two years. 

Sec 63. That justices of the peace, of the several coun- 
Mode of pro- ties in this state, shall have jurisdiction in all cases of lar- 
agai!!st § ne- cenv 9 committed in their respective counties, by any free 
grow tor lar- negro or mulatto, slaves, indentured or registered servants, 
ceny And it shall be ihe duty of any justice of the peace, upon 

To be tried P ro P£ r information made before him, upon oath, of the 
before a jus- commission of the aforesaid offence, by any of the 
ticeotthe persons aforesaid, to issue his warrant for iUe ap- 
prehenson of such accused person, and to cause a ju- 
ry to be summoned for the purpose of trying such ac- 
cused person; and the jury, when sworn, if they find such 
accused person guilty, shall fix by their verdict, the num- 
ber of stripes such accused person shall receive: and the 
justice shall record the verdict, and order the constable 
attending, or any other constable to inflict the number of 



CRIMINAL CODE. 135 

stripes so fixed by the jury: Provided, such accused per- 
son shall not be fined or imprisoned. 

Sec. 64. Every person who, for ins own gain, or to pre- Burvingor re- 
Vent the owner from again possessing his property, shall c ^ 8 stolen 
bury or receive stolen goods, or any thing, the stealing of 
which is declared to be larceny, or property obtained by 
robbery or burglary, knowing the same to have been ob- 
tained by stealing, robbery or burglary, shall, upon con- 
viction, be punished in the same manner as the prineipal 
would have been upon conviction; and every such person 
may be tried, convicted and punished, as well before, as Punishment 
after the trial of the principal. 

Sec. 65. All property obtained by larceny, robbery, or 
burglary, shall be restored to the owner, and no sale, ^ jjfmaki- 
w nether in good faith on the part of the purchaser or not, tuned for sto? 
shall divest the owner of his right to such property; such len S ood8 
owner may maintain his civil action, not only against the 
felon, but against any person in whose possession he may 
find the same. 

Sec. 66. Every person who shall mark or brand, or . 
shall alter or deface the mark or brand of any horse, mare, brtndsand 
colt, jack, jennet, mule, any one or more head of neat cat- marks 
tie, or sheep, goat, hog, shoat or pig, not his or her own 
property, but belonging to some other person, with intent 
thereby to steal the same, or to prevent identification, by 
the true owner, shall, on conviction thereof, be liable to to J fcM J[' 
the same punishment and disabilities, as are provided for 
those guilty of larceny. 

Sec 67. Every servant, officer or person employed in 
any public department, station or office of government of Embezzle- 
this state, or any county of this state, or in any office of a ™£J y ^^ 
corporate body, who shall embezzle, steal, secrete, or 
fraudulently take, and cany away, any money, goods, 
chattels, effects, book or books of record, or of account, 
bond or bonds, promissory note or notes, bark bills or notes, 
or any other writing or security for the payment of money, 
of whatever description it may be, being the property of 
said state, county or corporate body, shall, on conviction, 
be punished by i\ne, not exceeding five thousand dollars, Punishment 
and imprisoned tor a term not exceeding three years. 

Sec 68. Every person who shall fraudulently or mali- 
ciously tear, burn* efface, cut, or in any other way destroy destroying T 
any deed, lease, will, bond or any other writing sealed, or deedsaodotfc- 
any bank bill or note, check, warrant for the payment of er $?*** 
money or other thing, or other security for the payment 
of money, or the delivery of goods; or any certificate, or 
other public security of this state, or of the United States, 
or any of them, for the payment of money ; or any receipt, 



136 



CRIMINAL CODE. 



Punishment 



Destroying 
/and marks 



Punishment 



Embezzle- 
ment b\ ap- 
prentices 
and servants 



Deemed lar- 
ceny 

Conversion by 
bailee with in- 
tent to steal, 
deemed lar- 
ceny 



Embezzle 
ment !)> lodg- 
ers, deeme.l 
larceny 



acquittance, release, defeasance, discharge of any debt, 
suit or other demand; or any transferor assurance of mo 
ney, stock, goods, chattels or other property ; or any letter 
of attorney, or other power; or any day book or other 
book of account; or any agreement or contract whatsoev- 
er, with intent to defraud, prejudice or injure, any person 
or body corporate, shall, on conviction thereof, be punish- 
ed by fine not exceeding one thousand dollars, and also be 
imprisoned for a term not exceeding two \ears. 

Sec 69. Every person who shall, knowingly, malicious- 
ly and fraudulently cut, fell, alter or remove any certain 
boundary tree, or other allowed land mark, to the wrong 
of his neighbor, or any other person, shall, on conviction, 
pay a tine not exceeding one hundred dollars, or be im- 
prisoned not exceeding three months. 

Sec. 70. If any clerk, apprentice or servant whether 
bound or hired, to whom any money, hank bill, or note, 
or goods or chattels, shall be entrusted or delivered, by 
his or her master or mistress, shall withdraw himself or 
herself from his or her said master or mistress, and go 
away with the said money, bank bill, or note, or goods or 
chattels, or any part thereof, with intent to steal the 
same, and defraud his or her master or mistress thereof, 
contrary to the trust and confidence in him or her reposed, 
by his or her said master or mistress, or being in the ser- 
vice of his or her said master or mistress, shall embezzle 
the said money, bank bill, or note, or goods or chattels, or 
any part thereof, or otherwise shall convert the same to 
his or her own use, with like purpose to steal the same; 
then in every such case, the person so offending shall be 
deemed guilty of larceny, and be punished accordingly. 

Sec. 71. If any bailee of any money, bank bills or notes. 
or goods or chattels, shall convert the same to his, or her 
own use, with an intent to steal the same, he shall be 
deemed guilty.of larceny in the same manner as if the 
original taking had been felonious, and on conviction shall 
be punished accordingly. 

Sec. 72. If any lodger shall takeaway, with intent to 
steal, embezzle, or purloin any bedding, furniture, goods, 
or chattels, which he or she is to use in, or with his or her 
lodging, he or she shall be deemed guilty oflarceny, and 
on conviction, shall be punished accordingly. 

EIGHTH DIVISION. 



FORGERY AND COUNTERFEITIXG. 

pubnc r re- Sec. 73. Every person who shall falselv malce, alter, forge 

cords, &e. or counterfeit any record, or other authentic matte? of a 



! 



CRIMINAL CODE. 13? 

ublic nature, or any charter, letters patent, deed. lease, in- 
cisure, writing obligatory, will, testament, codieil, annu- Or private t 
ity, bond, covenant, bank bill or note, post note, check, p ^ ,ers 
draft, bill of exchange, contract, promissory note, or due 
bill for the payment of money or other property, receipt 
for money or property, power of attorney, any auditors 
warrant for the payment of money at the treasury, county 
order, or any accountable receipt, or any order or warrant, 
or request for the payment of money, or the delivery of 
goods and chattels of any kind, or for the delivery of any 
instrument of writing, or any acquittance, release, or re- 
ceipt for money or goods, or any acquittance, release or 
discharge of any debt, account, action, suit, demand or 
•ther thing, real or personal, or any transfer or assurance 
©f money, stock, goods, chattels, or other property what- 
Offer; or any letter of attorney, or other power to receive 
money, or to receive or transfer stock or annuities; or to 
let, lease, dispose of, alien or convey any goods or chattels, 
lands or tenements, or other estate, real or personal; or 
any acceptance or endorsement of any bill of exchange, 
promissory note, draft or order; or assignment of any bond, 
writing obligatory, or promissory note for money or pro- 
perty, or shall counterfeit or forge the seal or hand writing of 
another, with intent to damage or defraud any person or 
persons, body politic or corporate, whether the said per- 
son or persons, body politic or corporate, reside in or be- 
long to this state, or not; or shall utter, publish, pass, or 
attempt to pass as true and genuine, or cause to be utter- 
ed, published, passed, or attempted to be passed as true 
and genuine, any of the above named false, altered, forged, 
or counterfeited matters, as above specified and described, 
knowing the same to be false, altered, forged or counter- 
feited, with intent to prejudice, damage or defraud any 
person or persons, body politic or corporate, whether the 
said person or persons, body politic or corporate, reside in, 
or belong to this state or not, every person so offending, 
shall be deemed guilty of forgery; and upon conviction p un ; s | imeR v 
thereof, shall receive not less than twenty, nor more than 
one hundred lashes, on his bare back, shall be imprisoned 
for a term not exceeding three years, and be fined in a sum 
not exceeding one thousand dollars. 

Sec. 74. Every person who shall counterfeit any of the Counterfeit- 
species of gold or silver coin, now current, or that shall '"S otc0l,ls 

after be current in this state, or shall pass or give in 
payment, or offer to pass or give in payment, such coun- 
terfeited coin, or to permit, cause or procure the same to be 
Ottered or passed, with intention to defraud any person, 
body politic or corporate, knowing the same to be counter- 

v: 



I3| CRIMINAL CODE. 

feited, shall be deemed guilty of counterfeiting, and being 
Punishment thereof duly convicted, shall be. whipped not less than 
thirty, nor more than one hundred lashes, imprisoned not 
exceeding three years, and fined in a sum not exceeding 
one thousand dollars. 

Sec. 75. Every person who shall have in his or her pos*- 
Having coan- session, or receive for any other person, any counterfeit 
ttrfeit coin gold or silver coin or coins of the species now current, or 
utter 'it eD ° hereafter to be current in this state, with intention to utter 
or pass the same, or to permit, cause or procure the same 
to be uttered or passed, with intention to defraud any per* 
aon or persons, body politic or corporate, knowing the 
same to be counterfeit, and being thereof duly convicted^ 
Punishment shall be imprisoned for a term not exceeding three years, 
and fined in a sum not exceeding five hundred dollars. 
Sec 76. Every person who shall have in his or her pos~ 
Hnvingor re 6ess i°n, or shall receive from any other person, any forced 
cem .g forged or counterfeit promissory note or notes, or bank bill or bills, 
eecuiiuea 1 feit ^ or ^ e P a yment of money, with intention to utter or pass 
the same; or to permit, cause or procure the same to be 
uttered or passed, with intention to defraud any person or 
persons, body politic or corporate, whether such person or 
persons, body politic or corporate, reside in or belong to 
this state or not, knowing the same to be forged or counter- 
feited; or shall have or keep in his possession, any blank 
or unfinished note, or bank bill, made in the form or simili- 
tude of any promissory note, or bill for the payment of mo- 
Or bank notes n ey,made to be issued by any incorporated bank, or bank- 
ing company, in this state or elsewhere, with intention to 
fill up and complete such blank and unfinished note or bill, 
or to permit or cause or procure the same to be filled up 
and completed in order to utter or pass the same, or to per- 
mit, cause or procure the same to be uttered or passed, to 
defraud any person or persons, body politic or corporate, 
whether in this state or elsewhere, shall, upon conviction 
Punishment thereof, be whipped not less than thirty, nor more than 
one hundred lashes, be imprisoned not exceeding three 
years, and fined in a sum not exceeding five hundred dol- 
lars. 
.. Sec. 77. Every person who shall make, pass, utter or 

Srities 118 8G ~ publish, with an intention to defraud any other person or 
persons, body politic or corporate, either in this state or 
elsewhere; or with like intention, shall attempt to pass, 
^"uuerThem utter or P u °lish, or shall have in his or her possession, with 
like intent to pass, otter or publish any fictitious bill, note 
or check, purporting to be the bill, note or check, or other 
instrument of writing for the payment of money or pro- 
perty, of some bank, corporation, copartnership, or indi- 



CRIMINAL CODE. U9 

vidua], when in fact there shall be nosuch bank, corporation, 
copartnership or individual in existence, the said person 
knowing the said bill, note, check or instrument of writing 
for the payment of money or property to be fictitious, shall Deemed fur> 
be deemed guilty of the crime o( forgery^ and on conviction, gery 
shall be punished in the same manner. 

Sec. 78. Every person who shall make or knowingly 
have in his possession, any die or dies, plate or plates, or "n^cou^" 
any apparatus, paper, metal, machine or thing whatsoever, feiting 
made use of in counterfeiting the coin now current, or 
hereafter to be current in this state, or in counterfeiting 
bank notes, or bills, whether such bank be situated in this 
state or not, shall, upon «conviction theieof, be imprisoned 
for a term not exceeding two years, and be fined in a sum 
not exceeding five hundred dollars. All such dies, plates, p aa ighmen.t 
apparatus, paper, metal, machines, or things intended for 
the purposes aforesaid, shall be destroyed. 

Sec. 79. On the trial of any person for forging any bill, Evidence iu 
or note, purporting to be the bill or note of some incorpo- ,ml8torfor r 
rated bank or company, or for passing or attempting to 
pass, or having in possession, with intent to pass any such 
forged bill or note, it shall not be necessary to prove the 
incorporation of such bank or company, by the charter or Incorporation, 
act of incorporation, but the same may be proved by gene- pr y^ k9j how 
ral reputation. 

Sec. 80. Persons of skill shall be competent witnesses 
to prove that such bill or note is forged or counterfeited. 

Sec 81. Every person who shall fraudulently forge, office sesis 
deface, corrupt, or counterfeit the seal of this state, or the counterfeited 
seal of any court or public officer, by law entitled to have 
and use a seal, and shall make use of the same, or shall 
counterfeit or forge the signature of any public officer, or 
shall unlawfully and corruptly, with evil intent, affix any 
of the said true seals to any commission,, deed, warrant, 
pardon, certificate or other writing, or who shall have in 
his possession or custody any such counterfeited seal, and 
shall wilfully conceal the same, knowing it to be falsely 
made and counterfeited, and shall be thereof convicted, Punishment, 
shall be fined in a sum not exceeding one thousand dollars, 
and imprisoned not exceeding three years. 

jyijyth vmsioM 

CRIMES AND OFFENCES AGAINST PUBLIC JUSTICE. 

Sec. 82. Every person having taken a lawful oath or Perjury, deji- 
made affirmation in any judicial proceeding, or in any oth- " Il,oriot 
cr matter, where, by law, an oath or affirmation is requir- 



'.40 CRIMINAL CODE. 

ed, who shall swear or affirm wilfully, corruptly and false- 
ly, i.i a matter material to the issue or point in question; 
or shall suborn any other person to swear or affirm a& 
aforesaid, shall be deemed guilty of perjury, or suhorna- 
tion of perjury, (as the case may be,) and upon conviction 

Punishment tnereo ^> sna ^ De fi ne d m a sum not exceeding one thou- 
sand dollars, and be imprisoned for a term not exceeding 
three years. 

Secs 83. Every person who shall, by wilful and corrupt 

Deemed mur« perjury or subornation of perjury, procure the conviction 

cases" ceium ' ar *d execution of any innocent person, shall be deemed and 
adjudged guilty of murder, and upon conviction thereof, 
shall sutler the punishment of def»tli. 

Sec. 84. In every indictment for perjury or subornation 

indictment of perjury, it shall be sufficient to set forth the substance 

frr, whatsuf- f tne ff ence charged upon the defendant, and before 
what court or authority the oath or affirmation was taken, 
avering such court or other authority to have had full pow- 
er to administer the same, together with the proper aver- 
ment or averments to falsify the matter or matters where- 

Averment in the perjury is assigned, without setting forth any part 
of any record or proceedings, either in law or equity, oth- 
er than as aforesaid; and without setting forth the com- 
mission, or authority of the court or other authority before 
whom the perjury was committed ; or the form of the oath 
or affirmation, or the manner of administering the same. 
Sec. 85. If any person shall directly or indirectly give 

Briber/ any sum or sums of money, or any other bribe, present or 

reward, or any promise, contract, obligation or security 
for the payment or delivery of any money, present or re- 
ward, or any other thing, to obtain or procure the opinion, 

_ _ judgment or decree of any judge or justice, acting within 

Of officers & +i_: * •_* M , • j • n i • j 

members of tms state, or to corrupt, induce or inilucnce such judge 

the general or justice to be more favorable to one side than to the oth- 
assembiy er? j Q an ^ 7 gu |g ma ^ er or cauge depending, or to be brought 
before him or them; or shall directly or indirectly give 
any sum or sums of money or other bribe, present or re- 
ward, or. any promise, contract, obligation or security 
for the payment or delivery of any money, present or re- 
ward, or other thing, to obtain, procure, or influence the 
vote of any member of the general assembly, or to incline, 
induce or influence any such member to be more favora- 
ble to one side than to the other, on any question, election, 
matter or thing, pending, or to be brought before the gene- 
ral assembly, or either house thereof; the person so giv- 
ing any money, bribe, present or reward, promise, con- 
tract, obligation or security, with intent and for the pur- 
pose aforesaid, and the judge, justice or member of the 



CRIMINAL CODE. 141 



nee 
brib- 



general assembly, who shall in anywise acceptor receive Accept* 
the same, s-.,iil be deemed guilty of bribery, ai t<ron coovic- e n,ai.dpuil 
tion shall be fined not exceeding one thousand dollars, and nhedbi fine, 
imprisoned not exceeding one year, and shall be, thereaft 3™S{j^ 
ter, incapable of holding any office of honor, trust, or pro- fioatkwt 
fit within the state, and of voting at any election. 

Sec. 86. If any person shall directly or indirectly give 
any Him or sums of money, or any other bribes present or J^'^e^&c 
reward, or any promise, contract, obligation, or security, 
for the payment of any money, present, or reward, or any 
other thing, to any judge, justice, sheriff, coroner, clerk, 
constable, jailer, attorney general or cirruit fi attorney, 
member of the general assembly, or other officer ministe- 
rial or judicial, (but such fees as are allowed by law) with 
intent to induce or influence such officer to appoint any Selling offices 
person to any office, or to execute any of the powers in him 
vested, or perform any duty of him required, with partiali- 
ty or favor, or otherwise than is required by law, or in 
consideration that such officer hath appointed any person 
to any office, or exercised any power in him vested; or 
performed any duty of him required with partiality or fa- 
vor, or otherwise contrary to law ; the person so giving, and The giver & 
the officer so receiving any money, bribe, present, reward, ^atrofteS£ 
promise, contract, obligation or security with, intent, or for ery " 
the purpose, or consideration aforesaid, shall be deemed 
guilty of bribery,.and, on conviction, shall be fined not ex- p 01 ;| menf 
ceeding one thousand dollars, be imprisoned not exceeding 
one year, and shall thereafter be incapable of holding any 
office of honor, trust or profit in this state, and of voting 
at any election. 

Sec 87. Every person who shall offer or attempt to Attempism 
bribe any member of the general assembly, judge, justice, bnbe 
sheriff, coroner, clerk, constable, jailer, attorney general, 
circuit attorney, or other ministerial or judicial officer, in 
any of the cases, mentioned in either of the two preceding 
sections; and every member of the general assembly, 
jud^e, justice, sheriff, coroner, clerk, constable, jailer, at- 
torney general, circuit attorney, or other officer, ministeri- 
al or judicial, who shall propose or agree to receive a 
bribe, in any of the cases mentioned in either of the two 
preceding sections, shall on conviction, be fined in a sum Punishment 
not exceeding five hundred dollars. 

Sec. 88. If any judge, justice, clerk, sheriff, coroner, Embpzzle . 
or other public officer, or any other person whatsoever, ment of re- 
shall steal, embezzle, alter, corrupt, withdraw, falsify, or eontoaodoth* 
avoid any record, process, charter, gift, grant, conveyance f^y 1 ^" 
or contract, or shall knowingly and willingly take off, dis- 
charge or conceal any issue, forfeited recognizance, cr 



scrs 



Uf CRIMINAL CODE. 

other forfeiture, or shall forge, deface, or falsify any docu- 
ment or instrument, recorded, or any registry, acknowl- 
edgment, or certificate, or shall alter, deface, or falsify 
any minute, document, book or any proceeding whatever 
of, or belonging to any public office within this state; the 
Punishment P erson so offending, and being thereof duly convicted, 
shall be fined in any sum not exceeding five hundred dol- 
lars, and imprisoned for any term not exceeding one year. 
Sec. 89. Every jailer who shall be guilty of wilful in* 
Jailers, for in- humanity or oppression, to any prisoner under his care or 
humanity, custody, shall be fined in any sum not exceeding five hun- 
pu»>s e dred dollars, and be removed from his office. 

Sec. 90. If any officer, after the expiration of the time 

Officers de- for which he may have been appointed or elected, or 

tainqg papers after he shall have resigned or been legally removed from 

cces " his office, shall wilfully and unlawfully withhold or detain 

from his successor, the records, papers, documents or other 

writings or things, appertaining and belonging to his of- 

Or mutilating fixe, or mutilate, destroy, take away, or otherwise prevent 

the complete possession by his successor of said records, 

documents, papers, or other writings or things; such per- 

Funishment son so offending, shall be fined in any sum not exceeding 

one thousand dollars. 

Sec 91. If any person shall acknowledge or procure to 
be acknowledged, any fine, common recovery, deed, mort- 
gage, recognizance, bail or judgment, in. the name of any 
other person, by personating such other person; such per- 
son so offending, shall be deemed guilty of a high misdemea- 
nor, and fined in a sum not exceeding five hundred dollars, 
and imprisoned for a term not exceeding one year. 

Sec. 92. If any person shall knowingly and wilfully ob- 
th ■ executfon s ^ ruc « ; 5 resist, or oppose any sheriff, coroner, constable, or 
of process other officer of this state, or other person duly authorized 
in serving or attempting to serve, or execute any lawful 
process, or order of any court, judge, or justice, or any 
other legal process whatever; or shall assault or beat any 
sheriff, coroner, constable, or other officer or person duly 
authorized in serving or executing any process or order, 
aforesaid, or for having served or executed the same; ev- 
Punlshment ery person, so offending, shall be fined in a sum not ex- 
ceeding five hundred dollars, and imprisoned for a term 
Officer .-maul- not exceeding one year: Provided, Any officer whatever, 
tjhg without £ na t ma y or sna || assault or beat any individual, under co- 
lour of his commission, without a lawful necessity so to do, 
shall on conviction, suffer the same punishment. 
Rescue in cap Sec. 93. If any person or persons, shall by force, set at 
itat cases att-r Jp^rty, or rescue any person who shall have been found 
itearh U ° guilty* or convicted of a crime, the punishment of which 



CRIMINAL CODE. 143 

is death; every person so offending, and being convicted 

thereof, shall suffer death. And if any person or persons 

shall by force, set at liberty or rescue any person who, 

before conviction, stands committed for any capital offence, ^[^ coa '' 

or any person committed for, or convicted of any other 

crime or misdemeanor; every person so offending, shah on Punishment 

conviction, be fined not exceeding one thousand dollars, 

and imprisoned, not exceeding three years. 

Sec 94. If any person or persons, shall rescue another In civil , 
in legal custody, on civil process, such person or persons, 
shall upon conviction, be lined in any sum not exceeding 
the sum for which said civil process was issued. 

Sec. 95. If any person shall aid or assist a prisoner law- 
fully committed or detained, in any jail, for any offence *M">gth»«. 
against tins state, or who shall be lawfully confined, by o*!ersivom~ 
any civil process, to make his or her escape from jail, al- jail 
though no escape he actually made; or if any person shall 
•onvey or cause to be delivered to such prisoner, any 
disguise instrument or arms, proper to facilitate the es- 
cape of such prisoner; any such person (although no es- 
cape or attempt to escape be actually made) shall on con- p unJsh 
viction, be punished by tine, not exceeding one thousand 
dollars, and imprisonment not exceeding one year. 

Sec. 96. If any person shall aid or assist any prisoner Aiding in st- 

to attempt to escape, or shall rescue or attempt to res- tem P ls lo es ^ 

cue any prisoner, from the custody of any sheriff, coroner, cue tVorn offiv 

constable, officer or other person, who shall have the law- cera 

ful custody of such prisoner; every person so offending, „ . , 

i u J • *.- u f i i j- iU b i Punishment 

shall on conviction, be tinecl not exceeding one thousand 

dollars, and imprisoned, not exceeding two years. 

Sec 97. If any person who shali be arrested or in F.scaping 
jail upon any legal, civil or criminal process, or commit- flom mwk»# 
ment, shall escape from the custody of any sheriff, coro- 
ner, constable, officer or other person, or from jail, with- 
out being thereof legally acquitted or discharged; every 
Mich person being thereof convicted, shall be lined not ex- Pun-s^merrt 
cecding five hundred dollars, and imprisoned not exceed- 
ing six months. 

Sec 98. If any sheriff, coroner, jailer, keeper of a pris- officers voiun 
on, constable or any otheroflicer,or person whatever,having £i{lf n ![ < jj, 
any prisoner in his legal custody, either before or after con- eapea 
viction, shall voluntarily suffer or permit such prisoner to 
escape or go at large; every such officer or person so of- 
fending, shall upoivconviction, be imprisoned for a term 
not exceeding five years, and fined in a sum not exceed- Pontt&meitf 
ingone thousand dollars. A negligent escape of a person N . . 
charged with a criminal offence, from the custody of any C ap!' S2n 
oi the aforesaid otHcctc, skall he acerntda mUueineauor, 



U4 



CRIMINAL CODE. 



Punishment 

Sheriff. &c 
refusing to ar 
rest a (1 re- 
ceive offen- 
ders 

Punishmei.t 



Compounding 
offences 



^cnsjv.racy 

Punishment 
Usurpation 
Punishment 



Embracery, 
definition 



Vunishment 



"Barratry, de- 
finition 



Punishment, 

if a lawver 



and punished by fine, not exceeding five hundred dollars. 

Sec. 99. If any sheriff, coroner, keeper of a jail, con- 
. stable or other officer, shall wilfully refuse to receive or 
arrest any person charged with a criminal offence, then 
such sheriff, coroner, jailer, constable, or other officer, 
shall on conviction, be fined not exceeding five hundred 
dollars, and imprisoned not exceeding six months. 

Sec. 100. If any person shall take money, goods, chat- 
tels, lands, or other reward, or promise thereof, to com- 
pound any criminal offence, such person or persons, shall 
be fined in double the sum, or value of the thing agreed 
for or taken; but no person shall be debared from taking 
his goods or property from the thief or felon, or receiving 
compensation for the private injury occasioned by the 
commission of any such criminal offence. 

Sec 101. If any two or more persons shall conspire or 
agree, falsely and maliciously to charge or indict, or cause 
or procure to be charged or indicted, any person for any 
criminal offence, each of the persons so offending, shall, on 
conviction, be fined not exceeding one thousand dollars* 
and imprisoned not exceeding one year. 

Sec. 102. If any person snail take upon himself to ex- 
ercise or officiate in any office or place of authority in this 
state, without being lawfully authorized thereto, he shall, 
upon conviction, be fined in a sum not exceeding two hun- 
dred dollars. 

Sec 103. Embracery is an attempt to influence a juror 
or jurors corruptly to one side, by threats or menaces, or 
by' promises, persuasions, entreaties, money, entertain- 
ments and the l|ke. Every embracer who shall procure 
any juror to take money, gain, or profit, or shall corruptly 
influence any juror, by persuasion's, promises, entreaties, 
or by any other improper means, or snail threaten or me- 
nace any juror, shall he fined not exceeding five hundred 
dollars, and imprisoned not exceeding one year. And 
any juror convicted of taking money, gain, or profit, or 
corruptly being influenced as aforesaid, shall be fined not 
exceeding five hundred dollars, and imprisoned not exceed- 
ing one year; and further, be forever disqualified to act 
;h a juror. 

Sec 101. If any person'or persons shall wickedly and 
wilfully excite or stir up any suits or quarrels, between the 
people of this state^either at law or otherwise, witha 
view to promote stripb and contention;' every such person 
so offending, shall be-deemed to have committed the crime 
of qpmrnon barratry, ahd upon conviction thereof, shall be 
fined #hunv*sum me hu dred dollars; and 

if he be an attorney or counsellor at law, he snail be sus- 



CRIMINAL CODE. 145 

pendcd from the practice for any time not exceeding six 
inonths. 

Sec. 105. If any person shall, hereafter, officiously in- 
termeddie in any suit at common law, or in chancery, that Maintenance, 
no way belongs to, or concerns such person, by maintain- 
ing or assisting either party with money or otherwise to 
prosecute or defend such suit, with a view to promote lit- 
igation; every such person so offending, shall be deemed 
to have committed the crime of maintenance, and upon 
conviction thereof, shall be fined as in case of common Punishment 
barratry: Provided, That it shall not be considered main- . 
tgnance for a man to maintain the suit of his kinsman, r ° Vl3 ° 
Servant, or poor neighbor out of charity. 

Sec. 106. If any judge, justice, sheriff, coroner, con- Extortion, de- 
Stable, clerk or other officer of this state, ministerial or fiuitkHi of, by 
judicial, shall wilfully or corruptly receive or take any offieer8 
fee or reward, to execute and do his duty as such officer, 
except such as is, or shall be allowed by law, or if any such 
officer shall wilfully or corruptly ask or demand, as a con- 
dition precedent to the performance of his duty as such 
officer, any fee or reward, except such as is or shall be al- 
lowed by law; every officer so offending, shall he deemed 
guilty of extortion, and be fined in a sum not exceeding Punishment 
two hundred dollars. 

Sec. 107. Every clerk, sheriff, coroner, constable, coun- 
ty commissioner, justice of the peace, recorder, coun- i Y ffi c a e wnC ' 
ty surveyor, attorney general or circuit attorney, who shall 
wilfully and corruptly be guilty of oppression, mal-fea- 
sance or partiality in the discharge of his official duties, 
or shall be guilty of any palpable omission of duty, shall 
upon conviction thereof, be fined in a sum not exceeding 
two hundred dollars, and the court shall have power, up- Pumshmeni - 
on the recomendation of the jury, to add to the judgment 
of the court, that any officer so convicted, shall be remov- May extend 
ed from his office. The court shall have power, whenev- to removal 
er any clerk of the circuit court, attorney general or cir- 
cuit attorney, shall be presented or indicted, to appoint for 
that occasion a prosecuting attorney or clerk, as the case 
may require, who shall thereby be invested in relation to 
such presentment or indictment, with all the power of 
clerk, or attorney general, or circuit attorney. It shall be Court (0 . 
the duty of the court, when the judgment shall extend to notice of such 
removal from office, to cause immediate notice of such re- removal* 
moval to be given to the proper department, in order that . . •; 

the vacancy thus occasioned may be tilled. 

Sec. 103. If any person shall knowingly send or deliv- Threatening 
erany letter, or writing, threaten n g to accuse another of Altera 
a crime or misdemeanor, or of exposing and publishing 
VJ 



no 



CRIMINAL CODE. 



fonisument 



any of his or her infirmities or failings, with intent to ex- 
tort money, goods, chattels or other valuable thing, or 
threatening to maim, wound, kill or murder, or to burn or 
destroy, his or her house or other property, or to accuse 
another of a crime or misdemeanor, or expose and publish 
any of his or her infirmities or failings, though no money, 
goods, chattels, or valuable thing, be demanded, such per- 
son so offending, shall on conviction, be ti iod in a sum not 
exceeding five hundred dollars, and imprisoned not exceed- 
ing six months. 

TENTH DIVISION. 

OFFENCES AGAINST THE PUEL1C PEACE AND TRANQUILITY. 



Disturber of 
the peace 



Punishment 
Affrays 

Biota 



Bouts 
Vanishment 



Sec a 09. If any person or persons shall at late and un- 
usual hours of the night time, maliciously or wilfully dis- 
turb the peace or quiet of any neighborhood or family, 
by loud or unusal noises, or by tumultuous and offensive 
carriage, threatening, traducing, quarrelling, challenging 
to fight or fighting, every person thereof convicted, shall 
be fiiied in a sum not exceeding fifty dollars, or imprisoned 
not exceeding two months. 

Sec 110. If two or more persons assemble for the pur- 
pose of disturbing the public peace, or committing any 
unlawful act, and do not disperse on being desired or com- 
manded so to do, by a judge, justice, sheriff, constable, 
or other public officer, persons so offending, shall, on con- 
viction, severally be fined in a sum not exceeding fifty 
dollars, or imprisoned for a term not exceeding one month. 

Sec 111. If two or more persons shall, by agreement 
fight in a public place, to the terror of the citizens of this 
state, the persons so offending shall be deemed guilty of 
an affray. 

Sec 112. If two or more persons shall assemble togeth- 
er, to do an unlawful act, and separate without doing or 
advancing towards it, such persons shall be guilty of an 
unlawful assemblage, and upon conviction, be sever- 
ally fined in a sum not exceeding fifty dollars, or imprison- 
ed not exceeding three months. 

Sec 113. If two or more prisons shall meet to do an 
unlawful act upon a common cause of <|u irrel, and make 
advances towards it, they shall be deemed guilty of a 
rout, and upon conviction, be severally lined in a sum not 
exceeding seventy dollars, or imprisoned not exceeding 
four months. 

Sec 114. If two or more per-ons actually do an un- 
lawful act, with force or violence, against the person or 



CRIMINAL CODE. 143 

property of another, either with or without a common Hiot»- 
cause of quarrel, or even do a lawful art in a violent and 
tumultuous manner; the person so offending, shall he deem- 
ed guilty of a riot, and on conviction, shall severally be p . . t 
fined, not exceeding two hundred dollars, or imprisoned, 
not exceeding six months. 

Sec. 115. If any judge, ju.-tice, sheriff, or other officer, officrstoar, 
bound to preserve the public peace, shall have knowledge ^st eombat- 
of an intention, on the part of any two persons, to fight 
with any deadly weapon or weapons, and such officer shall Punishment 
not use and exert his official authority to arrest the par- foranamufr 
ties and prevent the duel, every such officer, on convic- JJj'JL *' thl3j 
tion, shall be fined not exceeding one hundred dollars. 

Sec 116. If any person or persons, shall, in any news- Libels 
paper, or hand bill, written or printed, publish or proclaim, 
any other person or persons, as a coward or cowards, or 
use any other opprobious and abusive language, for not 
accepting a challenge to fight a duel, or for not fighting S'Jg ^ 
a duel, such person or persons so offending, shall on con- 
viction, be fined in a sum not exceeding five hundred dol- Punishment 
lars, or imprisoned for a term not exceeding six months. 
The publisher or printer of any newspaper* hand bill, or Evidenc " 
other publication, shall be summoned as a witness, and 
be required to testify against the writer or writers of such 
publication or hand bill; and if such printer or printers, 
shall refuse to testify in relation to the premises, either 
before the grand or petit jury, he or they shall be deemed 
guilty of a flagrant contempt of the court, and may be 
punished by fine or imprisonment: Provided however, That Provfoa 
the testimony given by any such witness, shall in no case 
be used in any prosecution against such witness. 

Sec 117. A libel is a malicious defamation, expressed Li 5 e,, 3 

•ii i • ,• -x- i_ • 1 ji uefineu 

either by printing or writing, or by signs or pictures or the 
like, tending to blacken the memory of one who is dead, 
or to impeach the honesty, virtue, integrity, or reputation, 
or publish the natural defects of one who is alive, and 
thereby expose him or her to public hatred, contempt, or 
ridicule. Every person, whether writer, printer or pub- 
lisher, convicted of this offence, shall be fined in a sum not 
exceeding five hundred dollars, or imprisoned, for a term 
not exceeding one year. In all prosecutions for a libel, Evidence 
the truth thereof, may be given in evidence in justifica- 
tion, except libels tending to blacken the memory of the ExcepliQ - 
dead, or expose the natural defects of the living. 



148 



CRIMINAL CODE. 
ELEVENTH DIVISION. 



OFFENCES AGAINST THE PUBLIC MORALITY, HEALTH ANE 
POLICE. 



Bigamy, 
definition 



Punishment 



Five years 
absence, not 
to x^n^ 10 
Wh< re the 
pari es are 
divorced 



Single per- 
sons nwrn ing 
the wife or 
husband ot':;n 
other 



Adultery arid 
fornication 
hc-x proved 
find punished 



Proviso 



Sec. 118. Bigamy, consists in the having of two wiveG 
or two husbands at one and the.samc time, knowing that 
the former husband or wife is still alive. If any person 
or persons, within this state, being married, or who shall 
hereafter marry, do, at any time, marry any person or per- 
sons, the former husband or wife being alive, the person 
so offending, shall, on conviction, be lined not exceeding 
one thousand dollars, and imprisoned not exceeding two 
years. And where such second marriage shall have ta- 
ken place without this state, cohabitation, after such se- 
cond marriage in this state, shall be deemed the commis- 
sion of the crime of bigamy, and the trial in such case, 
may take place in the county where such cohabitation 
shall have occurred: Provided, That nothing herein con- 
tained, shaH%xtend to any person or persons whose hus- 
band or wife shall have been continually remaining out of 
this state, -pace of live years together, prior to the 

said secorijSSIrriage, aid he or she, n >t knowing such 
husband orMvife to be living within that time: Provided 
also, That nothing herein contained, shall extend to any 
person that is, or shall be at the time of such marriage, 
divorced by lawful authority, from the bonds of such for- 
mer marriage, or to any person where the former mar- 
riage hath been by lawful authority declared void. 

Sec. 119. If any man or woman, being unmarried, 
shall knowingly marry the husband or wife of another 
person, such man or woman shall, on conviction, be fined 
not more than five hundred dollars, or imprisoned not 
more than one year. 

Sec. 120. Any man and woman, who shall live together 
in an open state of adultery or fornication, or adultery and 
fornication, (which shall be sufficiently established by cir- 
cumstances, which raise the presumption of cohabitation 
and unlawful intimacy;) every such man and woman shall 
be indicted severally, and on conviction shall be severally 
fined, cot exceeding two hundred dollars, or imprisoned 
not exceeding six months^ and for a second offence, they 
shall severally be punished twice as much as the former 
punishment; and lor the third offence treble, and thus in- 
creasing the puni-hment for each succeeding offence: — 
ProiAded however, It shall, at any time, he in the pow- 
er of the parties, so offending, to prevent or suspend the 
prosecution, by their intermarriage, 1,' Jach marriage can 



CRIMINAL CODE. t49 

be legally solemnized, and upon the payment of the costs 
of such prosecution. 

Sec. 121. If any person above the age of eighteen 
years, shall unlawfully take, or convey away, or shall cause £ma1e^<fcj 
to be taken or conveyed away, any female, unmarried, be- eighteen 
ing within the age of eighteen year?, out of or from the 3 ear « 
possession, and against the will of the father or mother of 
such female; or out of or from the possession, and against 
the will of such person or persons as then shall have, or by 
any lawful way or means hath the keeping, education or 
governance of any such female, and being thereof convict- p an ;ghment 
ed, shall be punished by fine not exceeding one thousand 
dollars, and imprisonment not exceeding twelvemonths. 

Six . 1 2 2. If any person or persons shall nereafter bring, 
or cause to be brought, or imported into this state for sale, Gam;n S 
or shall sell, or offer to sell any pack or packs of playing . 

cards, or any dice, billiard table, billiard! balls, or any other forbidden to 
device or thing invented or made for the purpose of being be sold 
used, or any obscene book, pamphlet or print, every such 
person shall, on conviction, be fined not less than twenty-five, 
nor exceeding fifty dollars. 

Sec 123. if any person shall be guilty of open, lewd- Lewdness 

ness, or any notorious act of public indecency', landing to 

debauch the public morals, or shall keep open any tippling 

house on the sabbath day or night, or shall maintain and 

keep a lewd house or place, for the practice of fornication, Brothels fcr- 

or shall keep a common, ill governed and disorderly house, H^TOrncd 

to the encouragement of idleness, gaming, drinking or houses 

other misbehavior, every such person shall, on conviction, 

be fined not exceeding one hundred dollars, or imprisoned Pcmshmeni 

not exceeding six months. 

Sec 124. If any person shall, by himself, herself, servant, _ _ 

,i , ■ i • i '• /.; i i Gaming hou- 

or other agent, tor his or her gain or profit, keep, nave, ex- 3eg 

ercise or maintain a common gaming house, table or room, 
or iii any house or place, occupied by him or her, procure 
or permit any persons to frequent, or come together to 
play for money or other valuable thing, at any game, eve- 
ry offender on conviction, shall be fined not exceeding one Punishment 
hundred dollars, or imprisoned not exceeding six months. 

Sec 12o. If any person or persons shall play for money, Playing at 
or other valuable thing, at any game with cards, dice, cards » kc 
checks, or at billiards, or with any other instrument, arti- 
cle or articles, thing or things whatsoever, which may be 
purpose of playing or betting upon, or win- 
ning or losing money, or any other thing or things, article D ^ 
or ai • . of ralue, or shall bet on any game others may 
b« . person so offending, snail be lined not Punishment 

less than twenty-five, nor exceeding one hundred dollars. 



160 



CRIMINAL CODE. 



Tavern keep- 
ers not to al- 
low gaming 



Duty of jus- 
tices and oth- 
er officers to 
give informa- 
tion 



Sections 124 
125, 127, and 
128, to be giv 
en in « harge 
to grand ju- 
rors 

Officers omit- 
ting this duty 

Punishment 



Selling spirit— 
ous liquors, 
without li- 



Selling to 
slaves and ser- 
vants . 



Obstructing 
roads or high 

•way 8 



Nuisance 



Sec. 126. Every tavern keeper, who shall suffer or per- 
mit any game or games prohihited, or intended to be pro- 
hibited by this act, to be played in his tavern, or in any 
out house appendant thereto, shall, on conviction, be fined 
not exceeding one hundred dollars, and shall forfeit his 
tavern license, and shall not be again licensed for one year 
from such conviction. It shall be the duty of all the justices 
of the peace, sheriffs, constables, coroners, and grand ju- 
rors, now in office, or hereafter to be appointed, to take 
notice, and give information to the proper authorities of 
all such offences as may be committed in their respective 
counties, contrary to the provisions of this act, whenever 
the same may in any wise come under their immediate 
observation; and the circuit attorneys of the several cir- 
cuit courts, shall respectively, at each and every term of 
any such court, give the 124th, 125th, 126th, 127th and 
12 th sections of this act in special charge to the grand 
juries respectively. And if any officer whose duty it is 
made to execute the provisions of this act, shall neglect to 
enforce its provisions upon view or complaint as aforesaid, 
such officer, upon conviction thereof, shall be fined in the 
sum of one hundred dollars, and shall moreover be sus- 
pended from office for one year. 

Sec. 1 27. Every person not having a legal license to keep 
a tavern, who shall barter, exchange or sell any wine, 
rum, brandy, gin, whiskey or other vinous, spiritous or 
mixed liquors to any person or persons, by a less quantity 
than one quart, shall on conviction, be fined for every of- 
fence, ten dollars. 

Sec 128. Every tavern keeper, or other retailer of 
spiritous liquors, who shall sell, barter or exchange any 
wine, rum, gin, brandy, whiskey, or other spiritous liquors, 
to any black or mulatto servant or slave, without the con- 
sent of the master or mistress of such servant or slave, shall, 
on conviction, be fined for each offence, ten dollars. 

Sec 129. If any person shall obstruct or injure or cause 
or procure to be obstructed or injured, any public road or 
highway, or common street or alley of any town or village, 
or any public bridge, causeway, public river, or other 
stream declared navigable by law; or shall continue such 
obstruction, so as to render the same inconvenient or dan- 
gerous to pass; or shall erect or establish any offensive 
trade, manufacture or business, or continue the same, af- 
ter it has been erected or established to the common dis- 
turbance, annoyance, nuisance or detriment of the county, 
town, village, or neighborhood where the same may be 
erected or established; or shall in any wise obstruct or 
pollute any water course, lake, pond, marsh, or common 



CRIMINAL CODtf. 151 

sewer, or continue such obstruction or pollution, so as to 
render the same offensive or unwholesome to the county, 
town, village or neighborhood thereabouts; every person 
so offending shall, upon conviction thereof, be fined not 
exceeding one hundred dollars; and every such nuisance l ' uni9iment 
may, by order of the circuit court before whom the con- 
viction shall take place, be removed and abated by the Nuisances to 
sheriff' of the proper county; and any inquest and judg- be abated 
meut thereon had, under the provisions of any law au- 
thorizing a writ of ad quod damnum, shall be no bar to nun ? U no bar" 1 " 
prosecution under this section. 

Sec 130. If any person or persons shall knowingly sell Selling un- 

any flesh of any diseased animal, or other unwholesome wholesome 

. . •• j j i* ljj'i i- provisions, oto 

provisions, or any pernicious and adulterated drink or li- 

quors, every person so offending, shall be fined not ex- 
ceeding one hundred dollars, or imprisoned not exceeding 
three months. 

Sec. 131. If any person, number of persons, or corpora- Private bills 
tion in this state, without special leave from the general tobeu sedas 
assembly, shall emit and utter any bill of credit, or make, hibited pr °' 
sign, draw or endorse any bond, promissory note or writ- 
ing, bill of exchange or order to be used as a general cur- 
rency or medium of trade, as, and in lieu of money, or 
ether currency, every such person or persons or members 
of such corporation, assenting to such proceedings, being 
thereof duly convicted, shall pay a fine not exceeding three Jo""-*™,^* 
hundred dollars, or be imprisoned not exceeding one such 
year. 

Sec. 132. If any person shall intentionally deface, ob- 
literate, tear down, or destroy in part or whole, any copy t jc es ' 
or transcript, or extract of, or from any law of the United 
States or of this state, or any proclamation, publication, 
advertisement or notification, set up at any place in this 
state by authority of any law of the United States or of 
this state, or by order of any court, such person shall, on 
conviction, be fined in a sum not exceeding fifty dollars, 
nor less than five dollars, or imprisoned for a term not ex- unis, - xncl: - 
ceeding one month : Provided, that this section shall not be Proviso 
construed to extend to the defacing, obliterating, tearing 
down, or destroying any law, proclamation, publication, 
advertisement or notification, after the time for which the 
same was bv law to remain set up, shall have expired. 

Sec 133. Every person wandering or strolling about, 
able to work or otherwise to support himself, in a respecta- v? S iants 
ble way, or leading an idle, immoral and profligate course H(m cec ., 
oflife, without the visible means of supporting himself, ( \^\^ 
shall be arrested by a warrant to be issued by any justice 
of the peace : and if, on his examination, and th<? examina- 



\ 
152 



CRIMINAL CODE. 



May be im- 
prisoned 



Tlogues 



Who are 



Punishment 



Posse Comi 
talus 



Refusing to 
join and aid 

in 



Punishment 



Dintotering 

the dead ! 



tion of witnesses, said justice shall adjudge the said suspi- 
cious person to be a vagrant, he shall be bound in a recogn- 
izance with sufficient security for his good behavior, and 
future industry for one year; and upon his failure or refusal 
to give such security, he shall be committed and indicted 
as a vagrant, and on conviction, shall be imprisoned not 
exceeding six months. 

Sec 134. If any person shall be apprehended, having 
upon him or her, any pick-lock, key, crow, bit or other im- 
plement or tool, with intent feloniously to break and enter 
into any dwelling house, ware house, store, shop, stable or 
other building containing valuable property; or shall have 
upon him any pistol, hanger, dirk, bludgeon, or other of- 
fensive weapon, with intent feloniously to assault any per- 
son: or shall be found in any of the aforesaid buildings 
with intent to steal any goods or chattels, every such per- 
son, upon conviction, shall be deemed a vagabond and 
rogue, and be fined not exceeding five hundred dollars, 
and imprisoned not exceeding one year. 

Sec. 1 35. Every male person above the age of eighteen 
years, who shall neglect or refuse to join the posse comi ta- 
tiis, or power of the county, by neglecting or refusing to 
aid and assist in taking or arresting any person or persons, 
against whom there may have issued any civil or criminal 
process; or by neglecting or refusing to aid and assist, in 
retaking any person or persons, who, after having been 
arrested or confined may have escaped from such arrest 
or imprisonment; or by neglecting or refusing to aid and 
assist in preventing any breach of the peace, or the com- 
mission of any criminal offence, being thereto lawfully re- 
quired by any sheriff, coroner, constable, judge or justice, 
or other officer concerned in the administration of justice, 
shall, upon conviction, be fined not less than ten dollars, 
nor more than fifty dollars. 

Sec* 1 36. If any person or persons shall open the graves 
or tombs, where the body or bodies of any deceased per- 
son or persons shall have been deposited,- and shall remove 
the body or bodies or remains of any such deceased per- 
son or persons from the grave or place of sepulture, for 
the purpose of dissection, or any other surgical or anato- 
mical experiment, or for any other purpose, without the 
knowledge and consent of the near n f the deceas- 

ed, or shall in any way aid, assist, counsel or procure the 
same to be do;;: 1 , or shall aid or assist in any surgical or 
anatomical experiment therewith, or dissection thereof, 
knowing such body or bodies to have been so taken or re- 
moved from the place or plai ire as afore- 
said, every such person or persons so ofienclmg, and being 



CRIMINAL CODE. 133 

thereof convicted, shall be fined not less than one hundred, Punishment 
nor more than five hundred dollars: Prowcfed that this section 
shall not be construed to extend to the dissection of any cri- 
minal, where the same shall be directed to be delivered 
Up for thnt purpose, by competent authority: and provided Further pro^ 
also, that this section shall not be construed to prevent any v,so 
person or persons from removing the body or bodies of their 
deceased relations, or intimate friends, to any other place 
of sepulture that he or she may think proper. 

Sec. 137. If any person, being an elector, shall vote voting twice 
more than once at any election, which may hereafter be 
held by virtue of any of the laws of this state, he shall, 
upon conviction thereof, be fined in any sum not exceed- Punishment 
ing one hu.idred dollars. 

Sec. 1 38. If any person shall by bribery, menace, treat- 
ing or other corrupt means or device whatsoever, either Us i n <*corrunt 
directly or indirectly attempt to influence any elector of mransinele«- 
this state in giving his vote; or shall deter or attempt to tion9 
defer him from giving the same, or if any elector shall re- 
ceive any bribe forgiving his vote at any election, every 
person so offending, being thereof convicted, shall be fined 
not exceeding five hundred dollars, and shall thereafter he p un ; snmen *, 
disqualified from voting at any election in this state for 
five years. 

TWELFTH DIVISION. 

OFFENCES COMMITTED BY CHEATS, SWINDLERS AND OTHER 

FRAUDULENT PERSONS. 



Sec. 139. All and every person, who shall be a party 
to any fraudulent conveyance of any land, tenements or ^'} (Iu ^! : 
hereditaments, goods or chattels, or of any right or inter- 
est issuing out of the same, or to any bond, suit, judgment, 
or execution, contract or conveyance, had, made, or con- 
trived, with intent to deceive and defraud others, or to de- 
feat, hinder or delay creditors or others of their just debts, 
damages or demands; or who being parties as aforesaid, 
at any time, shall wittingly and willingly, put in use, avow, 
maintain, justify or defend the same, or any of them, as 
true, and done, had or made in good faith, or upon good 
consideration; or shall sell, alien or assign, any of the 
lands, tenements, hereditaments, goods, chattels or other 
things before mentioned, to him, her or them, conveyed 
as aforesaid, or any part thereof, he, she or they so offend- p un j 3 hnien: 
ing shall, on conviction, be fined not exceeding one thou- 
sand dollars. 

Sec. 140. If-any person, bv false representations of his 
20 



154 



CRIMINAL CODE. 



dit by false 
pretences 



Obuiningcre own respectability, wealth or mercantile correspondence, 
and connexions, shall obtain a credit, and thereby defraud 
any person or persons of mouey, goods, chattels, or any valu- 
able thing; or if any person shall cause or procure others te 
report falsely of his honesty, wealth or mercantile charac- 
ter, and by thus imposing on any person or persons, obtain 
credit and thereby fraudulently get into possession of 
goods, wares or merchandize, or any valuable thing, eve- 
ry such offender shall be deemed a swindler, and on con- 
viction shall be sentenced to restore the property so frau- 
dulently obtained, if it can be done, and be fined not ex- 
ceeding five hundred dollars, and imprisoned not exceed- 
ing six months. 

Sec. 141. If any person or persons, knowingly and de- 
signedly, by any false pretence or pretences, shall obtain 
from any other person or persons, any chose i>« action, mo- 
ney, goods, wares, chattels, effects, or other valuable thing 
whatever, with intent to cheat or defraud such person 
or persons of the same; every person so offending shall be 
deemed a cheat, and on conviction, shall be sentenced to 
restore the property so fraudulently obtained, if it can be 
done, and be fined not exceeding one thousand dollars* 
and imprisoned not exceeding one year. 

Sec. 142. If any person or persons shall, by fraud or 
shift, circumvention, deceit or unlawful trick or device, or 
ill practice whatsoever, in playing at cards, dice or any 
game or games, or in, or by bearing a share or part in the 
stakes, wagers or adventures, or in, or By betting on the 
side or hand of such as do, or shall play, obtain or acquire 
to him or themselves, or to any other or others, any mo- 
ney, or other valuable thing or things whatsoever, such 
person so offending, shall be deemed a common cheat, and 
on conviction, shall be sentenced to restore the money or 
other thing so unlawfully acquired, if it can be done, and 
fined not exceeding five hundred dollars, and imprisoned 
not exceeding six months. 

Sec. 143. If any person shall knowingly sell by false 
False weights weights or measures, he or she shall be deemed a common 
cheat, and on conviction shall be fined not exceeding two 
Punishment hundred dollars, and imprisoned not exceeding three- 
months. 



Swindling 



Punishment 



Cheats 



Who are 



Punishment 



Common 
cheats 



Who are 



THIRTEENTH DIVISION. 



FH'.UDULENT AND MALICIOUS MISCHIEF. 



IujSries to 
bridge 



Sec. 144. If any person shall wilfully or maliciously 
cut down, break down, level, demolish, or otherwise de& 



CRIMINAL CODE. 155 

troy, or damage any bridge, embankment, or mill dam; M >u d arI *» 
or break or destroy the windows or doors of any dwelling Oweiimgs 
house, or other house or building, or shall set fire to, or 
burn or destroy, or procure or cause to be burnt or des- 
troyed, any barrack, cock, crib, rick or stack of hay, corn, Ha 7 stack,&s 
wheat, rye, oats, barley or grain of any kind; or shall cut 
down, or girdle, or destroy any fruit tree, or shade tree; shwie trees 
or shall pull down or destroy any gate, post, railing or 
fence; orshallpull down, burn ordestroy any piles of wood, Gai t »and 
board, plank or other lumber; or shall overturn any cart, tnces 
wagon, or other carriage, or shall run them bto ponds, Wagon* 
sloughs, holes or other places; or shall cut loose, or set 
adrift any canoe, ferry flat, skiff, boat or other vessel, for 
mischief; or shall unlawfully, wantonly, wilfully or mali- Wtttercraft& 
ciously, kill, wound, disfigure, or destroy any horse, mare, i njai i e8 toaii' 
colt or gelding; or any bull, ox, steer, bullock, cow, tiei- imals 
fer or calf; or any sheep or lamb; or any hog or pig; or 
any other useful animal, being the property of another; 
every person so offending shall, on conviction, be fined not . 
exceeding one hundred dollars, or be imprisoned not ex- 
ceeding three months, or'both. 

Sec. 145. If any person or persons shall wilfully and Destroying 
intentionally break down, pull down, or otherwise destroy J ai,a 
or injure, in the whole or in part, any public jail or other 
lawful place of confinement, every person so offending 
shall, upon conviction, be fined in any sum not exceeding 
five thousand dollars, nor less than the value of such jail 
or other place of confinement so burned or otherwise des- p un i s hmeut 
troyed, or of such injury as may have been done thereto 
by such unlawful act. 

Sec 146. If any person or persons shall, at any time 
hereafter, wilfully and intentionally, or negligently and Firing the 

,' ■£, < , J ± r woods or pr^« 

carelessly, set on tire, or cause to be set on tire, any woods, rie8 

prairies or other grounds whatsoever, within the inhabit- 
ed parts of this state, every such person so offending, and 
being thereof convicted, shall be fined in any sum not less 
than five nor more than one hundred dollars: Provided, Proviso 
that this section shall not extend to any person who shall 
set on fire the woods or prairies immediately adjoining his 
or her farm, plantation or enclosure, for the necessary pre- 
dion thereof from accident by fire, at any time be- 
tween the first day of March and the last day of Novem- 
ber, by giving to his or her neighbors two days' notice of 
such intention: Provided also, that this section shall not be 
construed to take away any civil remedy which any per- 
son may be entitled to for any injury which may be done VqmW.< 
or . quence of such firing. 



156 CRIMINAL CODE. 

FOURTEENTH DIVISION. 

OFFENCES RELATIVE TO SLAVES, INDENTURED SERVANT* 
AND APPRENTICES. 

. Sec. 147. If any person or persons shall harbor or se* 

BUves 01 "'" 5 f rete an ? ne g ro > mulatto, or person of color, the same be- 
ing a slave or servant owing service or labor to any other 
person or persons, whether they be residents of this state 
of any other state, territory, or district within the limits 
and under the jurisdiction of the United States; or shall 
in any wise hinder or prevent the lawful owner or owners 
of such slaves or servants from retaking or possessing them 
in a lawful manner; every such person so offending, shall 
be deemed guilty of a misdemeanor, and fined not exceed- 
Funishment j n g g ye hundred dollars, or imprisoned not exceeding six 
months. 

Sec. 148. If any person or persons entitled to the labor 
Removing in- or service of any negro, mulatto or colored person, by in- 
dentured ser- denture or other contract, or registry, made or enter- 
thksuS 01 ed into ' under the laws of the "late territory of India- 
na or of Illinois, having a right to hold such person of color, 
in temporary servitude, by virtue of those laws and the 
constitution of this state, shall hire out, or send any such 
negro, mulatto, or colored person, or any of his or her 
children, to live or reside in any other state, territory of 
country; or shall cause or procure, or suffer it to be done, 
or shall sell or otherwise dispose of any such person of co- 
lor, or the children of such, for the purposes aforesaid, t» 
any citizen or resident of another state, territory or coun- 
try, or shall suffer such person or persons of color to be 
removed into any other state, territory or country, before 
the expiration of his or her term of service; every person 
so offending, and all purchasers of such colored persons so 
Forfeits the sold, or removed, shall forfeit and lose all claim, right and 
right to sei- tit i e to the service of such person of color, and shall, on 
conviction for each offence, be fined not exeeding five 
Punishment hundred dollars, one half to be applied to the use o£ the 
person injured and the other half to the use of the coun- 
ty- 

Sec 149. If any keeper of a public house, or retailer of 

toSn and p P irito . us li( i uors r shall receive, harbor, entertain, or trust 

apptLtices, any minor or apprentice, within the age of twenty-one 

&c oriv.rbor years, or any servant or slave, knowing them to be such, 

Sunt* CaU ~ a ^ tcr navit) g ' )ren cautioned or warned to the contrary by 

the parent, guardian, master or mistress of such minor. 

apprentice, servant or slave, in the presence of one or 

more credible witnesses: every such keeper of a pi:: 



CRIMINAL CODE. 15V 

house, or retailer of -piritous liquors as aforesaid, so of- 
fesidi ig shall, upon conviction thereof, be fined in the sum p • . 
of twelve dollars, and shall moreover forfeit his or her li- 
cense. 

FIFTEENTH DIVISION. 

CONSTRUCTION OF THIS ACT, AND DUTY OF COURTS. 

Sec. 150. Every indictment or accusation of the grand Practice ia 

jury, shall be deemed sufficiently. technical and correct criminal case* 

which stntes the offence in the terms and language of this . .. . . 
i i • i i i r- i /y- i i Indictment 

code, or so plainly that the nature of the ollence charged, 

may be easily understood by the jury. The commence- Whatsuffi- 

ment of the indictment shall be in substance as follows: cient 

of the term of the circuit court in 

the year of our Lord 

State of Illinois, ) 
County. J 

The grand jurors chosen, selected and sworn in and for 
the county of , in the name, and by the authority of 

the people of the state of Illinois, upon their oaths present, 
&c. (here state the offence, and time and place of com- 
mitting the same, with reasonable certainty.) 

Sec 151. All exceptions, which go merely to the form Exceptions to 
of an indictment, shall be made before trial, and no mo- torm wheQ 
tion in arrest of judgment, or writ of error shall be sustain- Arrest f 
ed for any matter not affecting the real meiits of the of- judgment 
fence charged in such indictment. No indictment shall 
be quashed for want of the words, "with force and arms" 
or of the occupation or place of residence of the accused, 
nor by reason of the disqualification of any grand juror, or 
grand jurors. 

Sec 152. Nothing in this act contained shall be so \f av fc areC j*., 
construed as to prevent the party or parties injured from il action 
having and maintaining a civil action for all damages and 
losses that he, she or they may have sustained in conse- 
quence of the commission of any criminal offence herein 
punished; and no court shall allow or entertain the plea 
that the private injury is merged in the crime, or in any ^™ m f * "Ja^ 
manner affected thereby: Provided however ', the record of in the crima 
conviction shall not be used as evidence in any civil action **«*vko 
brought on any forged writing, or to recover the damages 
and losses sustained by the commission of any such crimi- 
nal offence. 

Six. 153. ItshalLand it is hereby declared to be, the £$2£J*" 
h ! judges of the supreme and circuit courts, to in diisccdu 



m CRIMINAL COD& 

make a special report biennially, to the legislature, of alT 
sue; i defects, omissions or imperfections in this code, as ex- 
perience may suggest. 

Sec. 154. The manner of inflicting the punishment of 
hi hanging deatlj > snaI1 De Dv hanging the person convicted, by the 
neck until death, at such time as the court shall direct, not 
less than fifteen, nor more than twenty-five days from ihe 
time sentence is pronounced, unless for good cause the 
court or governor may prolong the time. 

Sec. 155. The court may order, on the application of 
Bodv of con- anv respectable surgeon or surgeons, that the body of the 
<ktivt"d\o C convict shall after death, be delivered to such surgeon or 
smgeons surgeons, for dissection. 

Sec. 156. This act shall extend to females committing 
«te 8 nd Ct to°fe- an y °* tne °ff ences made punishable by this act, although 
males they may not be expressly named, but no white female 

Exc pt whip- shall be sentenced to be whipped, or to stand in the pil- 

pllig, &c. . rr ' r 

lory. 

Sec 157. All offences herein defined, shall be prosecu- 
Offcnoes here ted and punished as by this act is prescribed, and not oth- 
in defined to erwise; and all other offences may be punished by fine and 
und^r'hteact imprisonment, in the discretion of the court: Provided^ 
Proviso Tne fine shall in no case exceed one hundred dollars, and 

the imprisonment six months. 

Sec 158. Whenever the punishment for any crime or 
. misdemeanor, is discretionary as to the extent or amount 

punUhinent V thereof, the court shall determine and affix the same, whe- 
ther the punishment consist of corporal punishment, im- 
prisonment or fine. 

Sec 159. All fines imposed by virtue of any of the 
Fines impos- ] aws f this state for the punishment of crimes and mis- 
, iow pai demeanors g[ la i]^ w hen collected, be paid into the treasury 
of the county where the offence shall be tried, for the use 
of such county, unless otherwise expressly directed: Pro- 
Proviso sided however, That nothing in this section contained, shall 
be so construed as to found or constitute, a cause of chal- 
lenge or objection to any grand or petit juror. 
Bcm fit of Sec 160. The benefit of clergy, appeals of felony, and 
aboSed S ' trials by battle, shall be and are hereby forever abolish- 
ed. 

Sec 161. The court shall have power in all cases of 

Offenders conviction under this act, when any fine is inflicted, to order 

u3ne1L as P art of t!l ° judgment of the court, that the offender 

oostsb^paid shall be committed to jail, there to remain until the fine 

and costs are fully paid, or otherwise legally discharged. 

Sec 162. Each and, every person, who may hereafter 

Inf-imy } )e co nvictcd of the crime o( rape kidnapping, wilful and 

\\ h>) two m- , .',..' ' , , 

ftimoos corrupt perjury, or subornation o* perjury? arson, burgia- 



CRIMINAL CODE. J 59 

ry, robbery, sodomy or the crime against nature, larceny* 
Jbrgery, counterfeiting or bigamy, shall be deemed infa- 
mous, and shall for ever thereafter, be rendered incapable of 
holding any office of honor, trust or profit, of votiag at 
any election, of serving as a juror, and of giving testimo- 
ny within this state. 

SIXTEENTH DIVISION. 

OF PROCESS, INDICTMENT, ARRAIGNMENT, TRIAL, JUDGMENT, 
EXECUTION, AND WRIT OF ERROR. 

Sec 163. It shall be the duty of the circuit court, when Duty of thj: 
any indictment shall be found as a true bill, to make an ^mountcf 
order fixing the amount of bail to each offence, bailable bait 
by law, to be endorsed on the process by the clerk; and 
the sheriff, coroner, or oilier officer, who shall arrest the 
indicted person or persons, shall let such indicted person 
or persons to bail, upon his, her or their entering into a re- 
cognisance, with one or more sufficient securities, in the 
sum or sums specified on said process: Which recogni- 
zance, shall be made to the people of the state, condition- 
ed for the appearance of the indicted person or persons, 
on the first day of the next circuit court, to be holden in 
and for such county, to answer the said indictment, and not 
depart the court without leave; which recognizance shall Recofmizaa^ 
be signed by the persons entering into the same, and cer- How tak ea 
tified by the officer taking it. Every recognizance, so ta- 
ken, is hereby declared to be valid and binding, and shall 
cot be set aside, or adjudged insufficient for want of form. 

Sec 164. It shall be the duty of the clerks of the cir- rjierksdutr 
euit courts of each county of this state, to issue process 
of capias, for the apprehension of all persons indicted in 
said courts, respectively, to be directed to the sheriff, coro- 
ner, and constables of the county where such indictment 
shall be found, or to any county where such indicted per- 
son or persons shall then be; and it shall be the duty f Andshcn & 
the sheriff, or in case of his absence or inability, of the 
coroner, or some one of the constables of the county, to 
which said capias is directed, to arrest the person or per- 
sons therein named ; and to let him or them to bail where 
the offence is bailable; or if the offence be not bailable, wi ien folec 
or not sufficient bail he offered, then the officer making to bail, mJ 
the arrest, shall- bring his, her, or their bodies, to the jail J^w™** 
of the county where said capias is returnable, and deliver 
such accused person or persons, together with the capias, 
to the keeper of the jail, there to remain until dischrug. 
Oct b) due course of law. It shall abo be the duty of any 



160 CRIMINAL CODE, 



Recognizance 
? hen to be 



officer who shall take any recognizance, in pursuance of 
this section, to return the same to the clerk, by the first 

returned "" day of the court to which it may be returnable. It shall 
be lawful for any officer who has the custody of any pris- 

Officer pas- oner or p r i soners hy virtue of this section, to pass through 

si; g th rough r . i • / i- • i • i . r A i i r 

a count, with an y counties, which he in his route, between tne place ot 
prisoner may arrest and the county to which he is taking such prisoner 
anerV/Tail ' ' S or prisoners; and to lodge or deposite said prisoner or pri- 
soners in any jail, on his route for safe custody for one 
flight or more, as occasion may require; and it is hereby 
made the duty of the county commissioners" court of the 
Countv, where such indictment shall be found to pay to the 
ofhcerwhoshall bring any offender or offenders from another 
county, his reasonable charges for such service: Provided, 
That nothing contained in this or the preceding section, 
shall prevent a capias from being issued, without such 
endorsement returnable instanter; which capias shall au- 
thorize and require the accused to be arrested and imme- 
diately brougnt into court, when he or she shall be, either 
committed, bailed ortried at the term at which the indict- 
ment shall be found. 

Sec. 165. It shall be the duty of the clerks of the cir- 
Dutvofcierks cu it court, to issue subpoenas, either on the part of the 
wenas 6 SU ' people, or of the accused in any indictment, directed as 
in the preceding section, to any county in this state. And 
every witness who shall be duly suhpeened, and shall neg- 
Witness?s Iect or refuse to attend any circuit court pursuant to the 
refusing toat requisitions of such subpoena, shall be proceeded against, 
and punished for contempt of the court. And atlach- 
Attachments ments against witnesses who live in a different county from 
to different that where such subpoena is returnable, may be served in 
the same manner as capiases are directed to be served 
out of the county, from which they issue in the preceding 
section. 
Venire in Sec. i6G. It shall not be necessary to issue a venire in 

rtriminat case* any criminal case ; and in all criminal cases, where the pan- 
nel of jurors shall be exhausted, by challenges or other- 
wise, and whether any juror has been elected and sworn 
or not, it shall be competent for the court to order on their 
minute^ a tales for any number of jurors not exceeding 
twenty-four, returnable instanter, out of which persons so 
ordered to be summoned, it shall be lawful to empannel a 
jury for the trial of any criminal case; but should the tales 
^aesmea orc i erec j 9 he insufficient, by reason of challenges or other- 
wise, to form an impartial jury, the court may from 
time to time make further orders on their minutes for addi- 
tional talesmen, returnable instanter, until a lull jury shall 
be obtained. 



CRIMINAL CODE. 161 

'Sec. 167. No bill of indictment for false imprisonment ^«e^J« 

or wilful and malicious mischief, shall be found 'a true bill' edoQ i n aicv 

by any grand jury, unless a prosecutor is endorsed there- ment 

on, by the foreman of the grand jury, with the consent of 

the prosecutor, except the same shall he found upon the _ 

• 1111 r a r it j Exception 

information and knowledge 01 two or more of the grand 

jury , or upon the information of some public officer, in the 
nece?sary discharge ot his duty; in which case, it shall be 
stated at the end of the indictment, how the. same is found ; 
and flien no prosecutor shall be required; but in cases 
where a prosecutor is endorsed on the indictment, and the 
defendant shall be acquitted on trial; the petit jury ac- 
quitting such defendant, shall find in addition to the ver- 
dict of "not guilty" whether the prosecutor had acted 
maliciously bv instigating the prosecution or not: and 
whenever the petit jury shall return with their verdict of 
;: not guilty," that the prosecutor had acted maliciously in Verdict 
the premises, the court shall enter judgment for the costs at m " 
against the prosecutor, including a fee of three dollars to 
the attorney general or circuit attorney, and award exe- 
cution for the same, as is done in civil cases: Provided, 
That nothing herein contained, shall render the prosecu- 
tor incompetent to be a witness, either before a grand or 
petit jury. 

Sec. 163. Every person charged with treason, murder, Trials for 
or other felonious crime, shall be furnished, previous to J. rea8 »"' m ^ 
his arraignment, with a copy of the indictment, and a CUS( L ( ] lo be 
list of the jurors and witnesses. In all other cases, he or furnished with 
she shall, at his or her request, or the request of his or her ^ t & c ndwt " 
counsel be furnished with a copy of the indictment and a 
list of the jurors and witnesses. 

Sec. 169. Upon the arraignment of a prisoner, it shall Arraignment 
be sufficient without complying with any other form to 
declare orally by himself or herself, or his or her counsel, 
that he or she is not guilty, which declaration or plea, shall 
be immediately entered upon the minutes of the court by 
the clerk; and the mention of the arraignment and such 
plea, shall constitute the issue between the people of this 
state and the prisoner; and if the clerk should neglect to 
insert in the minutes, the said arraignment and plea, it may 
and shall be done, at any time by order of the court; and 
then the error or mistake shall be cured. 

Sec. 170. In all cases where the party indicted, shall, Standi ate 
on being arraigned, obstinately stand mute, or refuse to effect of 
plead, standing mute, or refusal to plead, shall be adjudg- 
ed and taken to be a denial of the facts charged in the in- 
dictment, and the court shall order the plea of not guilty 
to be entered on the minutes, and the trial, judgment and 
21 



16* 



CRIMINAL CODE, 



Plea, guilty 
Do' to b^ en- 
tered until 
explained 



Witnesses to 
be examined 
in aggravation 
or mitigation 



Challenge in 
capital cases 
to 20jur"r3 
In other* to 
ten & co six 



By the people 

to one half as 

many 

Jury 

"Medietate 

linguae not 

allowed 

OfF nces com 
mitt erf on 
count' lines 
vhere tried 



Granrf juries 
evidence be- 
fore 



Foreman to 
•wear witnes 



Trials 



execution, shall proceed in the same manner as it would 
have done if the party had pleaded not guilty. 

Sec. 171. In all cases where the party indicted, shall 
plead guilty, such plea shall not be entered until the court 
shall have fully explained to the accused the consequences 
of entering such plea: after which, if the party indicted, 
persist in pleading guilty, such plea shall be received and 
recorded, and the court shall proceed to render judgment 
and execution thereon, as if he or she had been found 
guilty by a jury. In all cases where the court possess 
any discretion, as to the extent of the punishment, it shall 
be the duty of the court to examine witnesses as to the 
aggravation or mitigation of the offence. 

Sec. 172. Every person arraigned for any crime, pun- 
ishable with death, shall be admitted on his trial to a per- 
emptory challenge of twenty jurors, and no more; and 
every person arraigned for any offence that may be pun- 
ished by imprisonment, for a term exceeding eighteen 
months, shall be admitted to a peremptory challenge often 
jurors; and in all other criminal trials the defendant shall 
be allowed a peremptory challenge of six jurors. The 
attorney prosecuting on behalf of the people, shall be ad- 
mitted to a peremptory challenge of one half the number 
of jurors that the accused is entitled to. 

Sec. 173. In no case shall the right to a trial by a jury, 
de medietate linguae be allowed in criminal prosecutions. 

Sec 174. Where an offence shall be committed, on a 
county line, the trial may be in either county, divided 
by such line; and when any offence shall be commit- 
ted against the person of another, and the person commit- 
ting the offence, shall be in one county and the person re- 
ceiving the injury shall be in another county, the trial 
may be had in either of said counties. 

Sec 175. In all complaints exhibited before the grand 
jury of any county, they shall hear the witnesses, on 
behalf of the people only; and may find an indictment on 
the oath of one witness only, or upon the information of 
two of their own body, excep* in cases of treason or per- 
jury, where at least two witnesses to the same fact shall 
be necessary, and in finding a bill of indictment, at least 
sixteen of the grand jury shall be present, and at least 
twelve of them shall agree to the finding. The foreman 
of the grand jury may swear or affirm all witnesses that 
may come before the jury. 

Sec 176. All trials for criminal offences, shall be con- 
ducted according to the course of the common law, ex- 
cept where this act points out a different mode; and the 
rules of evidence of the common law shalj also, unless 



CRIMINAL CODE, 163 

changed by this act, be binding upon all courts and juries Juries to 
in criminal cases. Juries shall in all cases be judges of Ja^an,! th» 
the law and the fact. tact 

Sec. 177. When the jury shall retire to consider of 
their verdict, in any criminal case, a constable or other of- ^"".^by 
ficer, shall be sworn or affirmed to attend the jury to some an officer 
private and convenient place, and to the best of his ability 
keep them together without meat or drink, water excep- 
ted, unless by leave of the court, until they shall have 
agreed on their verdict; that he will not speak to them 
himself, without like leave, except to ask them if they 
have agreed on their verdict, nor suffer others to speak 
to them; and that when they have agreed on their verdict, 
he will return them into court: Provided however, that in ^ , .. 
cases of misdemeanor only, if the prosecutor for the peo- charged in a* 
pie and the person on trial, by himself or counsel shall gree^ntta 
agree, which agreement shall be entered upon the minutes certam ca3e * 
of the court, to dispense with the attendance of an officer 
upon the jury, or that the jury when they have agreed 
upon their verdict, may write and seal the same, and after 
delivering their verdict to the clerk, may then separate; 
it shall be lawful for the court to carry into effect any 
such agreement, and receive any such verdict so delivered 
to the clerk as the lawful verdict of any such jury. 

Sec. 178. If any officer sworn to attend upon a jury, 
shall knowingly violate his oath or affirmation, or shall so ^tSUd ]*?* 
negligently perform his duties that the jury shall separate ries 
without leave of the court, or obtain food or drink, except 
water, or if any person, not belonging to the jury, shall their duty 
hold conversation with any of the jury; every person and 
officer so offending, shall be punished for a contempt of 
the court, by fine or imprisonment, or both, in the discre- 
tion of the court. 

Sec. 179. In all cases where any person or persons judgment for 
shall be convicted of any of the crimes or misdemeanors costs to be 
specified in this act, or of any offences at common law, the given 
court shall give judgment, that such offender or offenders 
so convicted, shall pay the costs of the prosecution. 

Sec. 180. The property, real and personal, of every To be a lieu 
person who shall be convicted of any of the offences pun- fromarres ' 
ished by this act, shall be bound; and a lien is hereby cre- 
ated on the property, both real and personal, of every such 
offender, from the time of his or her arrest, if he or she 
be arrested before indictment; if not, then from the 
time of finding the indictment; at least so far as will be 

ient to pay the fine and costs of prosecution. And it Clerk to issue 
shall be the duty of the clerk of the circuit court, 'at the gJ^J^Jj 
end of each term, to issue an execution for every fine 



164 CRIMINAL CODE. 

which shall have heen imposed during the term, and 
which remains unpaid, and for all costs of conviction in 
criminal cases, in which execution shall be stated the day 
on which the arrest was made, or indictment found, as the 
case may be: which execution shall be delivered to the 
■it sheriff or coroner, and shall be by him levied on all estate, 

fa Mchcsra rea l an d personal, which the defendant or defendants in 
such execution possessed, as his or her own real and per- 
sonal estate, on the day mentioned in such execution; and 
on any property, real or personal, subsequently acquired 
by him or her; which property so to be levied on, shall be 
advertised as in civil cases, and sold for what it will bring. 
It shall be no objection to the selling of any property un- 
der such execution that the body is in custody for said fine 
and costs. 

Sec. 181. It shall and may be lawful for any person or 

Fines & costs persons convicted of any criminal offence to replevy the judg- 

may bereple- ment for the fine and costs, or the costs only, when no fine shall 
be imposed, by such convicted person or persons, with one 
or more good and sufficient freeholders, entering into a 
recognizance before the circuit court to the people of this 
state, for the payment of such fine and costs, or costs only, 

five months within five months frcm the date ol the acknowledgment 
of such recognizance; which recognizance *o taken, is 
hereby declared to be valid in law, and to create a lien on 
the real estate of all such persons as shall acknowledge 

Clerk's dut- * ne same *> an d u P jn the breach thereof, the clerk is here- 
by authorized to issue an execution against the goods and 
chattels, lands and tenements, of the persons who entered 
into such recognizance, in the same manner as if it had 
been a judgment of the court; which execution shall be 
collected in the same manner as is prescribed in the pre- 
ceding section. No scire facias shall be necessary previous 
to issuing such execution. In all cases where the person 
or persons convicted as aforesaid shall replevy the fine and 
Costs as is provided in this section, then no execution shall 
issue for said fine and costs as is provided in the next 
preceding section; and further, such person or persons, 
after replevying the fine and costs as aforesaid, shall not 
be imprisoned for such fine and costs, hut such person or 
persons shall be wholly discharged from any imprisonment 
in consequence of any conviction, unless where imprison- 
ment is, by this act, made a part of the punishment; in 
that case, such convicted person or persons shall be dis- 
charged from his, her or their imprisonment, at the expi- 
ration thereof, if he, she or they have replevied the fino 
and costs as aforesaid. 




CRIMINAL CODE. 165 

Sec. 1 82. Executions for fines and costs of prosecution, Execution for 
•and on recognizances taken in pursuance of the preceding mes c 
section, may be issued into any county in this state. 

Sec. 183. Whenever it shall be made satisfactorily to Court may 
appear to the circuit court, after all legal means have been discharge pcr- 
exhausted, that any person who is confined in jail for any *°J' suuaWeto 
fine or costs of prosecution for any criminal offence, hath 
no estate or means wherewith to pay such fine and costs, 
or costs only, it shall be the duty of the said court to dis- 
charge such person from further imprisonment for such 
fine and costs, which discharge shall operate as a complete 
release of such fine and costs: Provided, that nothing herein Proviso 
shall authorize any person to be discharged from imprison- 
ment before the expiration of the time for which he or she 
may be sentenced to be imprisoned as part of his or her 
punishment. 

Sec 184. In all cases of bail for the appearance of any Appearance 
person or persons charged with any criminal offence, the kail 
security or securities of such person or persons, may at 
any time, before judgment is rendered upon scire facias to 
shew cause why execution should not issue against such secu- 
rity or securities, seize and surrender such person or persons 
charged as aforesaid to the sherirFof the county wherein 
the recognizance shall be taken, and it shall be the duty 
of such shcrifi", on such surrender and the delivery to him 
of a certified copy of the recognizance by which such se- 
curity or securities are bound, to take such person or per- 
sons so charged as aforesaid into custody, and by writing, 
acknowledge such surrender, and thereupon the security 
or securities shall be discharged from any such recogni- 
zance, upon payment of all costs occasioned thereby. 

Sec, 185. In the trial of any person or persons for any Billof«cej>- 
crime or misdemeanor, it shall be the duty of the judge tl0;ls 
before whom such trial is pending, to sign and seal any bill 
of exception tendered to the court during the progress 
thereof, as in civil cases: Provided^ the truth of the case 
ho fairly stated in such bill of exception*, and thereupon 
the said exception? sball, by the clerk of the said court, be 
entered in the record of suah trial, and become to all in- 
tents and purposes a part thereof. 

Sf.c. 18G. The party aggrieved by manifest and mate- Writ of error 
rial error, appearing of record, in any capital prosecution 
by indictment, may be relieved by writ of error, upon com- 
p.lying with the following terms, to wit: the part}' com- 
plain; ng that error has been committed shall obtain a cer- 
tified copy of the record from the clerk and from the judge 
of the circuit court, or from the person who acted as pro- 
B trial, a certificate expressive of 



166 



CRIMINAL CODE. 



Assignment 
of errors 



Supersedeas 



Writs of er- 
ror granted of 
bourse except 
in capital cas- 
es 



How granted 
in capital cas 

es 

Supersedeas 



Prisoner may 
be bailed 



Bow 



' Recognizance 



an opinion that said record contains a full and true history 
ofthe proceedings on said trial ; which record, together with 
an assignment of the errors relied on, for the reversal of 
the judgment, shall he presented to the supreme court, or 
to one of the justices thereof in vacation; and if after in- 
specting such transcript the court or justice aforesaid, 
shall be of opinion that there is reasonable rause for allow- 
ing a writ of error, the same shall be granted by order, 
endorsed on the back of said transcript. The allowance 
of such writ of error shall be sufficient authority to the 
clerk ofthe supreme court to issue a supersedeas to stay 
the execution ofthe sentence of death, but not the dis- 
charge of the prisoner from jail. Where any judgment, 
the execution whereof has been stayed by writ of error as 
aforesaid, shall be affirmed, the supreme court shall, by or- 
der, fix the time when the original sentence of death shall 
be executed, a copy of which order shall be sufficient au- 
thority to the sheriff for the execution of any prisoner 
therein mentioned at the time specified. 

Sec. 1 87. Writs of error in all criminal cases, not capital 
shall he considered as writs of right, and issue of course: 
but no writ of error shall be a supersedeas unless the su- 
preme court, or one of the justices thereof in vacation, af- 
ter inspecting a copy of the record certified as in the pre- 
ceding section, together with an assignment of the errors 
relied on for a reversal of the judgment, shall be of opinion 
that there is reasonable cause for allowing a writ of error, 
then the writ shall be granted by order endorsed on the 
back of such record, in which case the clerk of the su- 
preme court shall issue a supersedeas, which shall have 
the effect to stay execution ofthe sentence, but not to dis- 
charge the prisoner from custody. If the party applying 
for such writ of error shall at the time be in custody, un- 
der the authority of the judgment prayed to be superseded 
and the said court or justice shall be of opinion that the 
party obtaining such writ of error, ought to be bailed un- 
til the determination of such 'writ of error, the said supreme 
court, or justice, may make an order to discharge such 
prisoner iVom custody, upon the prisoner's entering into 
recognizance to the people of the state, before the sheriff 
ofthe county, where he or she shall be imprisoned, in such 
sum, and with such security as* said court or justice 
shall prescribe: which recognizance shall be conditioned 
that the prisoner will appear at the next circuit court 
to be holden in the county where the trial ofsuch prison- 
er took place, and at each subsequent term of the circuit 
court, on the first days thereof until the determination of 
sueh writ of error, and that he will be preterit and submit 



CRIMINAL CODE. 167 

to such order as the supreme court shall make in the pre- 
mises, and will not, at any of the terms of said court in 
which he shall be bound to appear by said recognizance ^'™^ ,ne 
depart the court without leave. The recognizance so to 
be taken shall he returned to the next circuit court, and 
there entered of record; and sucli proceedings may be 
thereon had, in case of a breach of the condition of such 
recognizance, as shall he according to the course of the com- 
mo'i law: Provided however, that in cases where corporal 
punishment is to be inflicted, the prisoner shall in no case 
be hailed upon the affirmance of any judgment brought in- 
to the supreme court by virtue of this section : the said court 
shall order and direct the circuit court to carry into effect 
the judgment of the court below. In case of affirmance, 
judgment shall be given for costs against the party prose- 
cuting such writ of error, and execution shall issue there- 
upon from the supreme court. 

SEVENTEENTH DIVISION. 

LIMITATIONS OF INDICTMENTS AND PENAL ACTIONS. 

in, ,1 Limitations q£ 

Sec. 188. No person or persons shall be prosecuted, prosecutions 
tried or punished for any offence denominated by the com- 
mon law, felony, (treason, murder, arson, and forgery ex- 
cepted) unless the indictment for the same shall be found 
by a grand jury, within three years next after the offence 
shall have been done or committed. Nor shall any person 
be prosecuted, tried or punished for any misdemeanor, or 
other indictable offence, below the grade of felony, or for 
any fine or forfeiture, under any penal statute, unless the 
indictment, information or action for the same shall be 
found or instituted within one year and six months from 
the time of committing the offence, or incurring the fine 
or forfeiture: Provided, that nothing herein contained shall 
extend to any person fleeing from justice; and provided 
also, that where any suit, information or indictment for any 
crime or misdemeanor is limited by any statute, to he 
broughfor exhibited within any other time than is hereby 
limited, then the same shall be brought or exhibited with- 
in the time limited by such statute: Provided also, that 
where any indictment, information or suit shall be quashed, 
or the proceedings on the same set aside, or reversed on 
writ of error, the time during the pendency of such in- 
dictment, information or suit, so quashed, set aside or re- 
versed, shall not be reckoned within this statute, so as to 
bar any new indictment, information or suitor the same 
offence. 



168 CRIMINAL CODE. 

Sec. 18y. The act entitled "An act respecting crimei 
Actsrepealed and p ini j s ! ime „ t5? approved March 23, 1819;" the act en- 
titled "An act respecting crimes and punishments," ap- 
proved February 12, 1321: the act entitled "An act to 
more effectually prevent kidnapping, and for other purpo-. 
ses," approved January 17, 1825: the act entitled "An 
act to prevent the disinterment of the dead," approved 
January 3, 1825; the 6th, 7th, 8th and 9th sections of the 
act entitled "An act respecting free negrpes, mulattos, 
servants and slaves," approved March 30, 1819: the act 
entitled "An act regulating the firing of woods, prairies 
and other lands," approved February 20, 1819: the act 
amending the last mentioned act, approved February 14, 
1823: the act entitled "An act providing for the prosecu- 
tion of county commissioners, sheriffs, coroners, justices of 
the peace, clerks of the circuit court, clerks of the county 
commissioners' court, recorders and constables, who may 
be guilty of malconduct, or palpable omission in the duties 
of their respective offices," approved January 19, 1821: 
the act entitled "An act supplementary to the act entitled 
an act for the prevention of vice and immorality," approv- 
ed January 10, 1825: the act entitled "An act to suppress 
duelling," approved February 22, 1819; the 7th section of 
the act entitled "An act to license and regulate taverns," 
approved February 27, 1819: the ac: entitled "An act for 
the prevention of vice and immorality," approved January 
31, 1821: the latter or penal part of the proviso to the 3d 
section of the act entitled "An act regulating elections," 
approved January 3, 1823: .the 5th and 6th sections of the 
act entitled "An act changing the terms of the courts there- 
in named, and regulating the practice in certain cases," 
approved January 26, 1826, and all acts and parts of acts 
coming within the purview of this act, are hereby repeal- 
ed: Provided, that all indictments, recognizances, process 
and proceedings, which shall be pending when this act 
takes effect, under, or by virtue of any law hereby repeal- 
ed, shall be proceeded on to judgment and execution in the 
same manner, and with the like effect as if this act had not 
been passed: And all crimes, misdemeanors and offences, 
which shall have been committed, or may be committed 
before this act takes effect,' and which are made punisha- 
ble by any of the laws hereby repealed, shall be prosecut- 
ed and punished in the same manner a< if this act had not 
been passed. 

[Approved* Jan. 30, 1827.] 



CRIMINAL CODE. 169 

AN ACT 

To regulate the apprehension of offenders, and for other f,"/^ dJy* 
purposes. ot July 1827. 

Sec 1 . Be it enacted by the People of the State of Illinois, 
^presented in the General Assembly, That the judges of ^"tml 3° ' 
the supreme court throughout the state, the judges of the the peace 
circuit courts in their respective circuits, and justices of 
the peace in their respective counties, shall jointly and se- 
verally be conservators of the peace, within their respec- 
tive jurisdictions, as herein designated, and shall have full Their nowet 
power to enforce, or cause to be enforced, all laws that 
now exist, or that shall hereafter be made, for the preven- 
tion and punishment of offences, or for the preservation 
and observance of the peace. They shall have power to 
cause to be brought before them, or any of (hem, all per- Ma* cause of> 
sons who shall break the peace, and commit them to jail, a^v^Und, 
or admit them to bail, as the case may require, and to cause couuiniued 
to come before them, or any of them, all persons who shall 
threaten to break the peace, or shall use threats against 
any person within this state, concerning his or her bo- 
dy, or threaten to injure his or her property, or the pro- 
perty of any person whatever; and also all such persons 
as are not of good fame, and the said judge or justice of 
the peace, being satisfied, by the o;itli of one or more wit- 
nesses, of his or her bad character, or that he or she had ,„. „, U -„ A 
, ~ -Tin Andmav bind 

used threats as aforesaid, shall cause such person or per- them to keep 
sons to give good security for the peace, or for their good the peace 
behavior towards all the people of this state, and particu- 
larly towards the individual threatened. If any person 
against whom such proceedings are had, shall fail to give 
a recognizance with sufficient security, it shall be the duty 
©f the judge or justice of the peace before whom he or 
she shall be brought, to commit such person or persons to 
the jail of the proper county until such security be o r commit ft> 
given, or until the next term of the circuit court. 'Such jail until court 
judge or justice of the peace, shall also take recognizances 
for the appearance of all witnesses at such courts. All re- 
cognizances to be taken in pur-uance of this section shall 
be returnable at the next circuit court, to be holden in the 
proper county, where all such recognizances shall be re- 
newed or dismissed, as the said circuit court shall, upon 
examination of the witnesses, deem to be just and right. 
And where the person or persons committed are in jail at which may 
the sitting of such circuit court, the court shall examine diselirgeV 
the witnesses, and either continue the imprisonment, bail .]' s : t 1 ,'!'. ^ se ai 
the prisoner, or discharge him or her, as to the said court msv regujw 
22 



itO CRIMINAL CODE. 

shall appear to be right, having due regard to the safety of 
tiie citizens of this state. 
, Sec. 2. When any felonious offence shall be committed, 

mlybe rSeri P ut *»x notice thereof shall be immediately given, in all 
for the »p- public places near where the same was committed, and 
felous nSi0n 0t ^ resh P ursuit slia11 be forthwith made after every person 
guilty thereof, by sheriff?, coroners, constables and all 
other persons, who shall be by any of them commanded or 
summoned for that purpose: every such officer who shall 
not do his duty in the premises shall he punished by he, 
in a sum not exceeding one hundred dollars, or imprison- 
ment not exceeding three months. 

Sec. 3. It shall be lawful for any of the aforenamed 
inspected judges or justices of the peace, upon oath or affirmation 

persons, how J . o , J , - , . ^ r 

Apprehended being made before him, that any person or persons have 
committed any criminal offence in this state, or that a 
criminal offence has been committed, and that the witness 
or witnesses have just and reasonable grounds to suspect 
that such person or persons have committed the same, to 
issue his warrant u tier his hand, commanding the officer, 
or person charged with the execution thereof, to arrest the 
person or persons so charged, and bring him, her or them 
before the officer issuing said wai wot, or in case of his ab- 
sence, before any other judge or justice of the peace, the said 
judge or justice of the peace, before whom any person shall 
be brought in pursuance of such warrant, or shall be brought 
without warrant, and charged with any criminal offence, 
before he shall commit such prisoner to jail, admit to bail, 
Andtoen- or discharge him or her from custody, shall enquire into 
quire into the the truth or probability of the charge exhibited against 
charge' the suc ^ P r ^ oner or prisoners, by the oath of all witnesses at- 
tending; and shall upon consideration of the facts and < ir- 
cumstances then proved, either commit such person or 
persons, so charged, to jail, admit him, her or them to bail, 
or discharge him, her or them from custody. No justice 
of the peace shall admit to bail any person or persons 
charged with treason, murder, or any offence punishable 
with death: and provided, that in all cases where the 
charge is for sodomy, rape, arson, burglary, robbery, for- 
gery, or counterfeiting, it shall be the duty of an) justice 
of the peace, whenever any person or persons shall be 
brought before him, for the same or cither of them, to as- 
sociate with himself some neighboring justice of the peace 
previous to the examination of the witnesses, and they two 
shall have power to bail such prisoner or prisoners, or com- 
mit him. her or them to jail, in case no good and sufficient 
bail is offered, or discbarge the prisoner or prisoners, ac- 
cording to the proof that is adduced, and the law arising 



CRIMINAL CODE. m 

thereon. All recognizances taken w pursuance of this 
■ection sliail require the accused to appear at, and on the 
fii si day of the next circuit court, or if the court be then 
sitting, on some day of the term, to be therein designat- 
ed. 

Sec. 4. It shall be the duty of the judge or justice of 
the peace who stnll commit any oliender to jail as arore- (ort »be rer- 
said, or admit him to bail, to bind by recognizance the cognised to 
pro ecu tor, and all such as do declare any thing material, *JJj£ ra * 
to prove the otfeiu e charged, to appear before the next 
circuit court, on the iirst day thereof, or if the said court 
shall be then sitting, on some da) to be therein designated, 
(and in all cases at the same time and place as the person 
or persons accused by said witnesses shall be bound to 
appear) to give evidence touching the offence so charged, 
and not depart the court without leave. If any person, 
upon being required to enter into recognizance as afore- 
said, shall refuse, it shall be lawful for such judge or jus- 
tice of the peace to commit him or her to jail, there to re- 
main until he or she shall enter into such recognizance, or 
be otherwise discharged by due course of law. 

Sec. o. All recognizances that have any relation to R . 
criminal matters, shall be taken to the people of this state, i, w uktnitfs 
shall be signed by the person or persons entering into the 
same, be certified by the judge, justice of the peace, or 
other officer taking the same, and delivered to the clerk of 
the circuit court, on or before the day mentioned therein 
for the appearance of the witness or accused therein 
bound. Recognizances taken in courts of record need not 
be signed or certified as aforesaid. Recognizances for 
assaults, batteries and affrays, shall be for the appearance 
of the accused before the justice of the peace taking the 
same, or before some other justice of the county, on the 
day appointed by the justice for the trial of the offender. 

Sec. 6. Where any person shall be committed to jail Persons com- 
on a criminal charge, for want of good and sufficient bail, naittedfor 
except tor treason, murder, or other otlence punishable 
with death, or for not entering* into a recognizance to ap- 
p-ar and testify, any judge, or any two justices of the peace 
may take such bail or recognizance in vacation, and may 
discharge such prisoner from his or her imprisonment. It Mitimns, en- 
shall be the duty of the judge or justice committing such <to«ement <*- 
persoil to jail to endorse on the warrant of commitment, in 
bailable cases, in what sum bail ought to be taken. 

Sec. 7. When a charge shall be exhibited upon oath Warrant te 
before any judge cr justice of the peace, against any per- w | l0 mdi 
son for a criminal ofltence, it shall be the dutv of the judge i^d 
.ojr justice of the peace, before whom the charge shall be 






lirec 



A 



172 



CRIMINAL CODE. 



Warrants 
may be direc- 
ted to anv 
person nam- 
ed therein 



Officers hav- 
ing ens' I'd) of 
offenders 



How to pro- 
ceed 



Warrants 
need not he 
Uuder seal ' 



marie, to issue his warrant for the apprehension of the oi : 
fender, directed to all sheriffs, coroners and constables 
within the state; and it shall be the duty of any sheriff, 
coroner or constable, into whose hands any such warrant 
shall come, to execute the same within their respective 
counties, and if the offender snail be found therein, to ar- 
rest and convey such offender before the judge or justice 
of the peace who issued the warrantor before some other 
justice of the peace of the same county. Y\ hen any such 
sheriff, coroner or constable, or other person called to the 
assistance of such sheriff, coroner, or constable, shall be in 
pursuit of any offender, having a warrant for the appre- 
hension of such offender, and the offender shall cross the 
line into the adjoining county, such sheriff, coroner, consta- 
ble, or other person may pursue such offender into such ad- 
joining county and make the arrest, as if such offender had 
been found in the county of the officer in pursuit. 

Sec. 8. Any judge or justice of the peace, issuing any 
such warrant, may make an order thereon, authorizing a 
person to be named in such warrant to execute the same, 
and the person named in such order may execute such 
warrant any where in the state, by apprehending and con- 
veying such offender before the judge or justice issuing 
such warrant, or before some other justice of the same 
county, and all sheriffs, coroners, and constables,and others, 
when required in their respective counties, to be aiding 
and assisting in the execution of such warrant. 

Sec. 9. Any person or persons, officer or officers, who 
may have the custody of any offender or offenders, by vir- 
tue of either of the two proceeding sections, may take or 
carry such prisoner or prisoners into any other county 
which may be situated on his or their way back to the 
county from which the said prisoner or prisoners fled, and 
may deposite such prisoner or prisoners in any jail on his 
or their route, for safe custody for one night or more, as 
occasion may require. Upon their arriving in the county 
to which the prisoner or prisoners is or are sent under the 
last preceding section, such officer or officers, person or 
persons, shall deliver such prisoner or prisoners into the 
custody of the sheriff or jailer, together with the warrant 
of the said judge or justice, which shall be a sufficient 
justification to the said sheriff or jailer to receive and de- 
tain such prisoner or prisoners, until he, she or they ob- 
tain bail, if the offence be bailable, or be otherwise dis- 
charged by due course of law. 

Sec 10. It shall not be necessary to the validity of any 
warrant for tSc apprehension of any pei>on charged with 
-an offence, or warrant of commitment, or search warrant* 



CRIMINAL CODE. 173 

that it be under the seal of the judge or justice of the 
peace grautiug or issuing the same; but ever) such war- 
rant under the hand of the judge or justice of the peace 
shall be as valid in law as if a seal were affixed. And no 
person shall be discharged on habeas corpus from his im- 
prisonment merely by reason of any delect of legal preci- 
sion, or want of technical form in the warrant of commit- 
ment, but the court or judge awarding sueh habeas corpus 
snail, in all such cases, proceed and determine as if the 
minimus had all legal and technical form: Provided sum- 
cient appear on the face of the mittimus to ascertain tor 
what crime or offence such prisoner or prisoners shall 
have been eommitted. 

Sec. 1 1. It shall be lawful for any judge or justice of g earc h war , 
the peace, upon complaint made before him upon oath or rants and pro- 
affirmation, that a larceny has been committed, and that ceedinp 
the person affirming or swearing does verily believe that 
the stolen goods or other property, are or is concealed in 
any dwelling house, out house, garden, yard or other place 
or places, to issue a warrant under his hand, commanding 
every such dwelling house, or place, to be searched in the 
clay time; and if any of the goods described in any such war- 
rant be found therein, then that the said goods be seized 
and brought before the judge or justice issuing said war- 
rant. If, upon examination of witnesses before the judge 
or justice of the peace who issued said warrant, it shall be 
determined by such judge or justice that the goods so 
brought before .him have been stolen, it shall be the duty 
of such judge or justice either to keep possession of, or 
to deliver, or cause to be delivered, such goods to the 
sheriff of the proper county, there to remain until the con- 
viction of the thief, or the claimant's right be otherwise 
legally ascertained. If the thief shall not be indicted at 
the next circuit court after the goods shall be seized, and 
an action shall not be commenced against the person or 
persons in whose possession such goods shall have been 
found, for the recovery thereof within one month after a 
circuit court shall have been held after such seizure, the 
said circuit court shall, at their next session, order such 
Is to be re-delivered to the person in whose possession 
they were found, which order shall be obeyed by the per- 
son in whose possession such goods may at the time be. — 
In case the judge or justice of the peace shall upon such 
examination as aforesaid, determine that such goods so 
seized had not been stolen, then the goods shall be imme- 
dia(< !\ restored to the person fr )m whose possession they 
were so taken. 

Sec. l-\ All acts and parts of acts coming within "the 






174 



DEPOSITIONS*. 



Acts repealed purview of this act are hereby repealed. This act to take 
effect from and after the first day of July next. 

[Approved, Jan* 6, 1827.] 



Depositions 
of no.'i m si 
dent witnes- 



DEPOSITIONS. 

1° WZ7. JUne AN ACT regulating the mode of taking depositions, and fe 
provide for the perpetuating of testimony* 

Sec. 1. Be it enacted by the People of the State of Illinois^ 
represented in the General Assembly, Thai when the testimo- 
ny of any non-resident witness or witnesses, shall be ne- 
cessary in any civil cause depending in any court of law 
or equity in this state, it shall be lawful for the party 
wishing to use the same on giving to the adverse party, or 
his attorney ten days 1 previous notice, together with a co- 
py of the interrogatories intended to be put to such wit- 
ness or witnesses to sue out from the proper clerk's office 
a dedimus potest* i turn, or commission, under the seal of the 
court, directed to any number of persons, not exceeding 
three, as commissioners, or to any judge or justice of the 
peace of the county or city in which such witness or wit- 
nesses may reside,authoriz*i! g and requiringhim or them to 
cause such witness or witnesses to come before him or 
them, at such time and place, as he or they may designate 
and appoint, and faithfully to take his, her, or their depo- 
sition or depositions, upon all such interrogatories as may 
be enclosed with, or attached to said commission, both on 
the part of the plaintiff and defendant, and none others, 
and to certify the same when thus taken, together with the 
said commission and interrogatories into the couri in which 
such cause shall be depending, with the least possible de- 
lay. 

Sec. 2. When the testimony of any resident witness or 
witnesses shall be necessary in any suit in chancery in this 
state, it shall be lawful for the party wishing to use the 
same to cause the deposition or depositions of such witness 
or witnesses, to be taken before any justice of the peace, 
or clerk of the circuit or county commissioners' court of 
the county wherein such witness or witnesses shall reside 
without being required to st-e out a commission or to file in* 
terrogatories for such purpose, on giving to the adverse 
party or his attorney reasonable notice of the time and 
place of taking the same. And it shall also be lawful, 
upon satisfactory affidavit being filed, to take the deposi- 
tions of witnesses residing in this state, to be read in suit? 



Of res'ulent 
tritne3ses 



DEPOSITIONS. 115 

at law in like manner as is above provided in all cases 
Where sin i witness or witnesses shall reside in a different 
*ouuty from that in which the court shall be held, is or are 
about to depart from the state, is or are confined in jail on 
legal process; or is or are unable to attend, such court 
on account of advanced age, sickness or other bodily in- 
firmity: Provided, that such reasonable notice shall be in- 
tended to mean at least ten days, in all cases, and one day 
in addition thereto, (Sundays inclusive) for every thirty 
miles travel, from the place of holding the court, to the 
place where such deposition or depositions shall be taken. 

Sec. 3. Previous to the examination of any witness Oath of wit* 
whose deposition is about to be taken as aforesaid, he or neS5es 
ihe shall be sworn (or affirmed) by the person or persons 
authorized to take the same, to testify the truth in relation 
to the matter in controversy, so far as he or she may be 
interrogated; whereupon the said commissioner or com- 
missioners, judge, justice of the peace or clerk, (as the 
case may be) shall proceed to examine such witness upon 
all such interrogatories as may be enclosed with, or at- 
tached to any such commission as aforesaid, and which 
are directed to be put to such witness, or where no com- 
mission shall be necessary, upon all such interrogatories 
as may be directed to be put by either party litigant, and 
shall cause such interrogatories, together with the answers 
of ihe witnesses thereto, to be reduced to writing in the 
order in which they shall be proposed and answered, and 
signed by such witness. After which it shall be the duty 
of the person or persons taking such deposition, to annex ^j°'&^ 1 
at the foot thereof, a certificate subscribed by himself, or 
themselves, stating that it was sworn to and signed by toe 
deponent; and the time and place, when and where 
the same was taken. And every such deposition, 
when thus taken and suhs< ribed, and all exhibit^ pro- 
duced to the said commissioner or commissioner?, judge, 
justice of the peace or clerk as aforesaid, or which shall 
beproved or referred io by any witness, together with the 
commission and interrogatories, if any shall be enclosed, 
sealed up and directed to the clerk of the court in which 
the action shall be pending, with the names of the parties 
litigant endorsed thereon: Provided, that when any depo- 
sition shall betaken as aforesaid, by any judge or justice 
of the peace out of this state, such return shall be accom- 
panied by a certificate of his official character under the 
great seal of state, or under the seal of the proper court 
of record of the county or city wherein such deposition 
sjiall be taken. 

.Sec. 4. Every examination and deposition which shall 



How re tarn* 



1*6 DEPOSITIONS. 

May be read ) )e taken and returned, according to the provisions of thin 

' eM e e act, may be read as good and competent evidence, in the 

cause in which it shall be taken, as if such witness had 

been present and examined by parol in open court on 

the hearing or trial thereof. 

Sec. 5. Erich and every commissioner or commission- 
Commission- ers, judge, justice of the peace, or clerk of the circuit or 
de- ositions coun ty commissioners' court, who may at any time be re- 
quired to take depositions, in any cause pending in any 
of the courts of law or equity in this state; or by virtue 
of any commission issued out of any court of record in 
any other state or territory, shall have power and authori- 
ty to issue subpoenas if necessary, to compel the atten- 
dance of all such witnesses, as shall be named in the commis- 
sion, or by the parties litigant,where no commission is neces- 
sary in the same manner and under the same penalties as 
is prescribed in other cases, where witnesses are directed 
to be subpcened. 

Sec. 6. Every witness attending before any commis- 
Compensatlon sioner, judge, justice of the peace, or clerk as aforesaid, 
at witnesses ± oe examined as aforesaid, shall be entitled to a com- 
pensation for his time and attendance, and travelling ex- 
penses, at the sjime rate as for the time being, is or shall 
be allowed by law to witnesses attending courts of record 
in this state; and the party requiring such examination 
shall pay the expenses thereof, but may if successful in 
the suit, be allowed for the same in the taxation of costs. 
Sec. 7. The party, his attorney or any person who shall 
fnformaiity in any wise be interested in the event of the suit, shall not 
•fcatwilt be be permitted to dictate, write or draw up any deposition, 
or depositions which may at any time, be taken under 
this act; and every deposition so dictated, written or 
drawn up, or that shall be returned to the court 
unsealed, or the seal of which shall be broken, shall be 
rejected by the court as informal and insufficient: Provi- 
ded, such seal shall have been broken previous to its recep- 
tion by the clerk, to whom it shall be directed. 

Sec. 8. It shall not be lawful for any part) litigant or 

the clerk of the courts into which any deposition ma\ be 

Seals not to returned as aforesaid, to break the seal of the same, eith- 

&e broken . . . 7 . , . . - 

er in term time, or in vacation, unless nv the permission of 
the court. And if any such person or cleric, shall pre- 
sume to open any such deposition, when taken and return- 
ed as aforesaid, without such permission as aforesaid, he 
shall be considered guilty of a contempt of court, and may- 
be punished accordingly: Provirfed, that it shall not be 
considered an offence for the clerk to break open any 
such deposition as aforesaid, where it is doubtful from the 



DEPOSITIONS. 177 

endorsements made thereon, whether the same be a de- 
position or not; but in such case, it shall not he proper for 
such clerk to permit any person to examine any deposition, 
which may he thus opened by mistake, until permission 
shall have been first given by the court as aforesaid. 

Sec. 9. All depositions taken in pursuance of this act Jg^Jfo 
when returned into court, may be read by either party, evidence 
on the trial of the causes to which they relate. 

Sec. 1 0. In all cases hereafter, where any person or per- 
sons shall desire to perpetuate the remembrance of any Pfpetanting 
fact, matter or thing, which may relate to the boundaries 
or improvements of lands, name, or former name of water 
courses; the name or former name of any portion or district 
of country, regarding the ancient customs, laws or usages 
of the inhabitants of this country, as far as the same may 
relate to the future settlement of land claims, or touching 
the marriage or pedigree of any person or persons, or in 
relation to the title to slaves or servants, or anv other mat- 
ter or thing, necessary to the security of any estate, real 
or personal, or mixed, or any private right whatever; it 
shall he lawful for such person or persons, upon filing a 
petition supported by affidavit, in the circuit court of the 
proper county, setting forth particularly the fact or facts, 
intended to be established; to sue out from such court a 
dedimus potestatum, or commission, directed to anv two jus- 
tices of the peace, or to any clerk of the circuit or county 
commissioners' court of the county wlferein such testimo- 
ny is to be taken, and may thereupon proceed to take such 
deposition or depositions, as shall be prayed for in said pe- 
tition. 

Sec 1 1. It shall be the duty of the person or persons, „ . 
auing out such dedimus as aforesaid, before proceeding to gj ven ; n sac h 
take such deposition as aforesaid, to give at least four cr » s ca 
weeks previous notice of the time and place when and 
where the same is to be taken, together with a copy of the 
petition annexed thereto, to each and every person who 
may be known to be interested in the subject matter of 
such deposition, or to his, her or their attorney, or in case 
the person be -a fane covert, to her husband; or if a minor 
or minors to his, her or their guardian or guardians; or 
if such guardian or guardians should be interested, to 
such guardian or guardians as shall be appointed by the 
court, to defend the interests of such infant or infants; or 
in lieu of such written notice as aforesaid, such petitioner 
or petitioners, shall cause a notice in form as aforesaid, 
with a copy of the petition thereto annexed as aforesaid, 
a<! Iressed to such persons as may be known to he i ate res- 
led as aforesaid, as well as to all others whom it may cor> ' 
23 



17Z DEPOSITIONS. 

cern, to be published for four weeks successively in som£ 
public newspaper printed in this state, at least eight weeks 
previous to the day of taking such depo:?ition or deposi- 
tions. 

Sec. 12. The said justices of the peace, or clerk as 
tjS?tS aforesaid, shall attend at the time and place appointed* 
and c <ssex- where each and every person who may think himself or 
totine herself interested in the deposition about to l>c taken, may 

attend by themselves or attorneys, and may examine and 
cross examine such deponent or deponents; and all such 
questions as may be prop< sed, together with the answers 
thereto by the witness, shall be reduced to writing in tne 
E; gljsh language, or in' the language of the witness: (Pro- 
tiried, he or she shall not understand English) as near as 
possible, in the exact words of such deponent, which said 
questions and answers, when reduced to writing as afore-- 
said, shall be distinctly read over to the witness; and if 
found to be correct, shall be signed by him or her, in the 
presence of the said justices, (or clerk as the case may be,) 
who shall thereupon administer an oath or affirmation to 
such witness, as to the truth of the deposition, so taken as 
aforesaid, and shall annex at the foot thereof a certificate 
subscribed by himselforthemselves,stating that it was sworn 
to, and signed by the deponent, and the time and place, 
w hen and where the same was taken; and all such depo- 
sitions when thus taken, shall be carefully sealed up, aid 
transmitted to the Herk of the circuit court of the county 
from w!>ich such dedimusshallhavebeen issued, within thir- 
ty days from the time of taking 1 he same; who shall thereup- 
on enter the same at large upon the records in his office, 
and shall certify on the back of such deposition that the 
same has been duly recorded, and return it to the per- 
son or persons for whose benefit it shall have been taken. 
Sec. 13. All depositions taken in manner and form as is 
Such testimo. provided in the two foregoing sections, or a duly certified 
tem! m case copy ot the record ot any such deposition, may in case <>r 
ottheittath the death of any such deponent, or in case of inability to 
biiuVot del g^ ve testimony, in consequence of his, her or their ins ■ n 
jxment ty or imbecility of mind or body, or where such witness 

shall be rendered incompetent by judgment of law, or in 
the event of his, her or their removal, so that their testi- 
mony cannot be obtained in the ordinary way on trial, 
may he used as evidence in any cause to which the same 
may relate: ProvvJed, that nothing herein contained, shall 
be so construed as to prevent any legal exception being 
made and allowed, to the reading of an\ such deposition, in 
any trial at law or in equity, in which the same may be in- 
troduced as evidence. 



DETTNUE. 173 

Sec. 14. The act entitled "an act regnlatine the man- 
ner of taking depositions, 1 ' approved February 1 9th, 18 19; ^repeated 
the act entitled "an act regulating the mode of taking de- 
positions," approved January 3lst, 1821; the act entitled 
"an act to amend an act regulating the mode of taking 
depositions, approved January 3lst, 1821," approved Fe- 
bruary 10th, 1223; and also, the act entitled "an act di- 
recting the mode of perpetuating testimony," approved 
February 25th, 1819; and particularly sections 17, 18, 19, 
20,21,22, 23, 24 and 25 of the act entitled "an act to 
prescribe the mode of proceedi; gin chancery," approved 
January 26th, 1827; as well as all other acts and parts of 
acts, which shall come within the purview of, or be repug- 
nant to, this act, be, and the same are hereby repealed: 
Provided, that nothing in this act contained, shall be so 
construed as to affect any deposition heretofore taken in 
conformity with the existing taws; or to affect any depo- 
sition which may be hereafter taken, upon interrogatories 
now filed, or which may be filed before this act takes ef- 
fect, or where notices have been, or may hereafter be given 
for such purpose so long as the existing laws upon that 
subject shall remain in force. 

This act to take effect from and after the first day of 
June next. 

[Approved, 9th Feb. 1827.] 



DETINUE. 

AN ACT concerning the action of Detinue. 6 , i&jz 

Sec 1. Be it enacted by the People of the State of Illinois, Jfjjgg; 
represented in the General Assembly, That in all actions of fore a capia * g 
detinue, where the plaintiff shall file in the office of the in detinue c»& 
clerk of the court in which such action is to be commen- 13slle 
ced, an affidavit on the oath or affirmation of the plaintiff, 
or some other credible person, staling that the property, 
to recover which such action is about to be commenced, 
is the property of the plaintiff, stating the value thereof, 
and that the defendant unlawfully detains the same, the 
clerk shall issue a writ of cafia# in detinue, and endorse 
the amount so sworn to, and direct the sheriff to take bail 
in double that sum. 

Sec 2. It shall be the duty of any sheriff to whom a ^^.^ {q 
writ of orpins in detinue shall be directed to lake the body take the body 
of the defendant and commit him to the common jail of ^jJ^JJf 
the county, unless he shall enter into a bond to the plain- bond 



480 



DIVORCES. 



Sheriff's lia- 
biht\ for im- 
proper return 



Bond when 
forfeited, re- 
medy there- 
on 



Bail, court 
may r.-duce 
the amount 



Procredings 
in detinue 



tiff, conditioned that if judgment shall be rendered in sucL 
action against him, he will deliver to the plaintiff the pro- 
perty which shall he thereby recovered, and pay all da- 
mages which shall be assessed for the detention thereof, 
and costs of suit, the sheriff shall return such bond with 
the writ, as in other cases. 

Sec. 3. If any sheriff shall return any such writ execut- 
ed, and shall not have the body of the defendant according 
to the command of the writ, or return a bond, as is pro- 
vided in the preceding section, or the bond returned shall 
be adjudged insufficient by the court, and the defendant 
shall fail to perfect his bail if ruled thereto, the sheriff shall 
be made a co-defendant and may defend the suit upon the 
pleas of the defendant, and shall be subject to the same 
judgment and recovery as the defendant, and be joined 
therein. All questions concerning the sufficiency of such 
bond shall be determined during the return term. 

Sec. 4. When any bond as aforesaid shall be forfeited, 
the plaintiff shall have the same remedy against the bail^ 
and the bail shall have the same remedy against the prin- 
cipal, and the sheriff, when made a co-defendant, shall 
have the same remedy against the principal and bail as is 
or may be provided by law in cases of bail in other civil 
causes, and the same proceedings shall be had thereon- 

Sec 5. Any court out of which any writ as aforesaid 
shall issue, or any judge thereof in vacation may reduce 
the sum for which bail is demanded: and the court may 
accept the surrender of the defendant and cancel such 
bond in the same manner, for the like causes, and .with 
the like effect as in other cases of bail in civil actions. 

Sec 6. All actions commenced in manner aforesaid 
shall be conducted and proceeded on in all things accord- 
ing to the principles and usages of law in actions of deti- 
nue. If any verdict for the plaintiff shall omit the price, 
or value or damages for detention, the court may at any 
time award an enquiry to ascertain the same. 

[Approved, J an. C, 1827.] 



In force Jan. 
12, 1827 

Fraudulent 
marri.Hges de 
dared void 



DIVORCES. 

AN ACT amending the law concerning Divorcer 

Sec 1. Be it enacted by the People of the State of Illinois 
represented in the General Assnnbly, That all marriages, 
where either of the parlies had a former husband or wife 
living at the time of solemnizing the last marriage, shal* 



DIVORCES. 181 

be void; and any woman or maiden, who shall be duped* 
or deceived into such subsequent marriage, s 1 1 m 11 be re- 
stored to all the rights she would have had, if such mar- 
Tin ge had not taken place, and may sue for and recover 
damages for such fraud, as in cases of breach of marriage 
contract. 

Sec. 2. When any divorce shall hereafter be granted 
for any cause, the court before which the same shall be 
tried, If the person applying, being a female, shall be poor without costs 
and unable to pay costs, shall direct that no costs shall be in 
taxed against such person, or charged for printing the 
notice: Provided, such person shall publish her notice in 
the paper published by the public printer. 

[J pp roved, Jan. 12, 1.827,1 



Fema'es to 
lie flivo; eed 



ses 



AN ACT concerning Divorces. \ n f Zl e June 



1S27 



Sec. 1. Be it enacted by the People of the State of Illinois, Divorces may" 
represented in the General Assembly, That whenever a mar- be granted ■ 
riage lias been, or hereafter may be contracted and so- 
lemnized between any two persons, and it shall be ad- 
judged in the manner hereinafter provided, that either 
party, at the time of such marriage, was, and continues 
to be naturally impotent, or that he or she had a wife or 
husband living at the time of such marriage, or that eith- 
er party has committed adultery subsequently to the mar- 
riage, or wilfully deserts and absents himself or herself 
from the husband or wife, without any reasonable cause, 
for the space of two years, and for extreme and repeated 
cruelty, or habitual drunkenness for the space of two years, 
in every such case it shall be lawful for the injured party 
to obtain a divorce and dissolution of such marriage con- 
tract; but no such divorce shall in any wise affect the legi- 
timacy of the children of such marriage, except in cases 
where the marriage shall be declared void on the grounds 
of a prior marriage: Provided, that any wilful desertion . 
and absence which may have happened before this act 
takes effect shall be computed part of the two years ab- 
sence and desertion, provided for in this act. 

Sec. 2. The circuit court, sitting as a court of chance- Circuit eowg 
ry shall have jurisdiction in all cases of divorce and all- j? h .* ve Juri J' 
mony by this act allowed; and the like process, practice ^ nu0 suc 
and proceedings shall be had, as are usually had in other 
cases in chancery, except as is hereinafter provided, and 
ept that the answer of the defendant need not be on 
oath. The proceedings Bhail bo had in the county where 



m 



DIVORCES. 



Residence of 
comuluntant 
vhat necessa 
ty 



Collusion of 
complainant, 



Alimony, 
when allowed 



"Females may 
troe, &c. 



the complainant resides, and the process may he directed 
to am county in the state. 

Sec. 3. No person shall be entitled to a divorce in pur- 
suance of the provisions of this art, who has not resided in 
the state one whole year previous to fillip his or her bill 
or petition, unless the offence or injury complained of, 
was committed within this state, or whilst one or both of 
the parties resided in this state. 

Sec 4. If it shall appear to the satisfaction of the court 
that the injury complained of was occasioned by collusion 
of the parties, or done with the assent of the complainant for 
the purpose of obtaining a divorce, or that the complain- 
ant was consenting thereto, or that both parties have been 
guilty of adultery, when adultery is the ground of com* 
plai. t, then no divorce shall be decreed. 

Sec 5. In all cases for a divorce, where the defendant 
shall appear and deny the charges in the complainant's 
bill or petition alleged, the same shall be tried by a jury; 
"but if the bill or petition shall be taken for confessed, the 
court may proceed to a hearing of the cause, by examin- 
ation of witnesses in open court, and no confession of the 
defendant shall be taken as evidence, unless the court or 
jury shall be satisfied that such confession was made in 
sincerity, and without fraud or collusion, to enable the 
complainant to obtain a divorce. But any marriage which 
may have been celebrated or had in any foreign state or 
country may be proved by the acknowledgment of the 
parties, their co-habitation and other circumstantial testi- 
mony. 

Sec 6. When a divorce shall be decreed, it shall and 
may be lawful for the court to make such order, touching 
the alimony and maintenance of the wife, the care, custo- 
dy and support of the children, or any of them, as from 
the circumstances of the parties and the nature of the 
case, shall be fit, reasonable, and just. And in case the 
wife be complainant, to order the defendant to give rea- 
sonable security for such alimony and maintenance, or may 
enforce the payment of such alimony and maintenance in 
any other manner consistent with the? rules and practice 
of the court. And the court may, on application, from 
time to time make such alterations in the allowance of 
alimony and maintenance as shall appear reasonable and 
proper. 

Sec 7. Any woman suing for a divorce, who shall make 
it appear satisfactory to tUc. court, that she is poor and un- 
able to pay the expenses of such suit, shall be allowed by 
the court to prosecute her complaint without costs, and 
in such cases, no fees shall be charged by the officers of 



DOWER. 183 

*#\e court. AH acts heretofore passed on the subject of 
divorces, are by this act repealed. 

This act to take effect on the first day of June next. 

[Approved", Jan. 31, 1827.] 



DOWER. 

A .IV ACT for the speech/ assignment of Dower, and Partition 
of Real Estate. 



In force .TucS 
1* 185*7. 



Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly. That when the heir or Heir, &c re* 
otner person, having the next immediate estate of free- *««ng to a** 
hold or inheritance, shall not wilhin one month next after 8lgn ower 
demand made, assign and set over to the widow of the de- 
ceased to her satisfaction, her dower in, and to all lands, 
tenements and hereditaments, whereof by law she is or 
may be dowable, according to the true intendment of law, 
then such widow may sue for, and recover the same, in 
the manner hereafter prescribed, against such heir or 
other person having the next immediate estate of freehold 
or inheritance, or tenant in possession, or other person or 
persons claiming right or possession in said estate. 

Sec. 2. Every widow claiming dower, may file her pe- Petition 
tition in the circuit court of the county against the parties 
aforesaid, stating their names if known, setting forth the 
nature of her claim, and particularly specifying the lands, 
tenements, and hereditaments, in which she claims dow- 
er, and praying that the same may be allowed to her, and 
the clerk shall thereupon issue a summons to the parties to summons 
appear at the next term of the said court, to answer the 
complaint, which shall be served by the sheriff as other 
writs and process. If the parties be unknown, or do not 
reside in the countv, said clerk shall cause an advertise- 
ment to be inserted in the nearest newspaper, printed in 
this state, to said premises, for four weeks successively, ^* atioQO? 
notifying said parties, that such petition is filed, and requir- 
ing them or any of them, to appear at the next term of the 
circuit court, and shew cause why such dower should not 
be assigned; and which publication shall be deemed due 
notice; and the parties aforesaid, or any other person in- 
terested therein, may appear and contest the widow's right 
to dower. 

Sec. 3. In all cases where the claim of the widow to Appearancf- 
dow( rmav be contested, the parties contesting the same 
shall be required to enter their appearance to the action. 



184 



DOWER. 



Guardian ad 
litem lor mi- 
nors 



Judgment 



Not to com- 
mit waste 



Damages for 
waste 



Writ ot pos- 
session 

And <la mages 
to b • awarded 
"he widow 



and the court shall thereupon proceed to try the causey 
or direct an issue for that purpose, as the circumstances 
of the case mav require. 

Sec. 4. Where any of the parties defendants are minors 
and under age, and without guardians, the court shall ap- 
point guardians ad litem for such minors. 

Sec. 5. Inhere the court adjudges that the widow shall 
recover dower, it shall be so entered of record, together 
with a description of the land out of which she is to he 
endowed; and said court shall thereupon appoint three 
commissioners, not connected with any of the parties, 
eitlier by consanguinity or affinity, and entirely disinter- 
ested, each of whom shall take the following oath, to be 
administered by the court, or some justice of the peace: 
"I do solemnly swear, that 1 will fairly and impartially al- 
lot and .setoff to A B. widow of C. D. her dower, out of 
the lands and tenements described in the order of the 
court for that purpose, if the same can he made consistent 
with the interest of the estate, according to the best of 
my judgment, so help me God." 1 Anfl said commissioners 
shall set off and allot to said widow her dower by metes and 
bou ids, according to quality, and quantity, of all the 
lands, tenements and hereditaments described in said or- 
der of court: Provided, the widow shall have the home- 
steader dwelling house of the husband, if she desire it 5 
and make return in writing under their hands and seals 
to said court; which if approved by said court, shall vest 
in her an estate in the lands and tenements so setoff and 
allotted to her, for and during her natural life. . 

Sec. 6. No woman that shall be endowed of any hinds, 
tenements and hereditaments shall wantonly or designedly 
commit or suffer any waste thereon, on penalty of forfeit- 
ing that part of the estate whereupon such waste shall be 
made, to him or them that have the immediate estate of 
freehold or*inheritance in remainder or reversion, (and in 
ense of negligent or inadvertent waste,) by her done or suf- 
fered, the damages that may be assesssed for such waste, 
to be recovered by action of waste. 

Sec. 7. Where a widow has claim to dower in lands 
lying in different counties, she mav proceed in the cireuit 
court of the county where the lands lies and make recove- 
ry in the manner as is herein directed; and in all cases 
where the report assigning dower shall be approved, the 
court shall forthwith cause the widow to have possession 
by a writdirected to the sheriff for that purpose, and such 
widow shall also be entitled to reasonable damages to be 
awarded her from the time of her demand and refu-al 
to assign her, her reasonable dower; which may be assessed 



DOWER. m 

by the court, or a jury if required, shall be empannellco* 
for that purpose, and execution may issue therefor. 

Sec. 8. The widow may in all cases retain the full pos- 
session of the dwelling house, in which her husband most J Vid °wto 

n i i r \ • 1 ii haVt. the 

usually dwelt next before his death, together with the out dwelling 
houses and plantation thereto belonging, free from mo- houae 
testation and rent until her dower be assigned. 

Sec. 9. If the commissioners aforesaid shall report that , , , , 

ai i i . • , , r i- - • Land not SU>- 

tlie lands or other estate, is not susceptible of a division, ceptibie of 
without great injury thereto, a jury shall be einpannelled ^'sion 
to enquire of the yearly value of the widow's dower there* 
in, and shall assess the same accordingly; and the court 
shall thereupon render a judgment that there be paid to 
such widow as an allowance in lieu of dower, on a day 
therein named, the sum so assessed as the yearly value of 
her dower, and the like sum on the same day in every 
year thereafter, during her natural life; and such jury 
shall moreover, if the same has not been done, assess the 
damages which may have accrued, down to the time of 
rendering the verdict. 

Sec. 10. Heirs, or if under age, their guardians, or any Heirs, 
other persons interested in lands, tenements, or heredita- for assign!! 011 
ments, may also petition the court to have the widow's mentor dow- 
dower assigned, which shall be proceeded in, in the same er 
manner as is prescribed in other cases. 

Sec. 11. If any woman shall be divorced from her hus- How^yorce 
band, for the fault or misconduct of such husband, except shall effect 
where the marriage was void from the beginning, she dowep 
shall not thereby loose her dower; but if such divorce be 
for her fault or misconduct, she shall forfeit her dower; and 
where a divorce is obtained for the fault and misconduct 
of the husband, he shall lose his right to be tenant by the 
curtesy in the wife's lands. 

Sec. 12. If a wife voluntarily leave her husband and Aduiteryin 
commit adultery, she shall be forever barred her dower, wite 
unless her husband be voluntarily reconciled to her, and 
suffer her to dwell with him. 

Sec. 13. When any person, by last will and testament, Joint tenanta 
shall devise hisorher real estate, orany part thereof, to two ..,:.- p umn 
or more devisees, not ascertaining the metes and bounda- »'-^! virion 
ries of each devisee's share, and their shares be undivided, 
such devisees or any of them, and should they or any of 
them be under age, their guardian or guardians, may ap- 
ply to the circuit court of the county where the whole of 
the lands, or a part thereof may lie, by petition in writing; 
and said court may order a division thereof to be made 
agreeably to the true intent and meaning of said last will 
and testament; and said ccurt shall appoint three com- 
24 



1&6 



DOW?R. 



Coparceners 
On* tenants in 

common 



Entitled to a 
division 



Notice to all 



Lands not sua 
cep ; ble ot di- 
vision 



To be sold 



IHt<!«i oners, not connected with any of the parties, either 
by consanguinity or affinity, and entire!) disinterested; 
each of whom shall take an oath before the court, or 
Some justice of the peace, fairlv and impartially to 
make partition of said lands, if the same can be done con- 
sistently with the interest of the estae: and the said com- 
missioners shall go upon the premises and make partition 
of said lands, tenements and hereditaments, assigning to 
each devisee his or her share, by metes and bounds, ad 
shall m 'ke report of their proceedings to the next term of 
the circuit court; which report, if approved by said court, 
shall be entered of record, and shall be conclusive to all 
parties concerned. 

Sec. 14. Where the real estate of any person dying in- 
testate, shall descend to two or more children, or other 
heirs of the intestate, and the same be not divided, or 
where two or more persons, proprietors of any tract or 
tracts of lands, tenements or hereditaments, within this 
state are desirous of having the same divided, the circuit 
court on application, by petition, may order and direct a 
division of such lands, tenements, or hereditaments, agree- 
ably to the law of descents, where the lands arc claimed 
by descent, or agreeably to the rights of the parties, pro- 
prietors and owners aforesaid, by metes and bounds, and 
shall thereupon appoint three commissioners, who shall 
make par 'ition, and return their proceedings under their 
hands and seals, as is prescribed in the previous section of 
this act; and which report, if approved by said court, 
shall be recorded as in case of devisees, and shall be con- 
clusive on all parties concerned. 

Sec. 15. All devisees, heirs, or owners of lands, tene- 
ments or hereditaments as aforesaid, or the guardians of 
such as are under age, not applying for such division, (and 
if any heir, devisee or owner, be under age, and without 
a guardian, the court shall appoint a guardian ad litem for 
such minor,) shall have notice of the application for such 
partition, by summons dul; served, or by advertisement, 
to be published for four weeks in the nearest newspaper 
to the premises, printed in this state. 

Sec. 16. Where any lands, houses, or lots, arc so cir- 
cumstanced, that a division thereof cannot be made with- 
out manifest prejudice to the proprietors of the same, and 
the commissioners appointed to divide the same, shall so 
report to the court; the court shall thereupon give an or- 
der to said commissioners or other person or persons, to 
sell such lands, houses and lots, or houses and lots at pub- 
lic vendue, upon such terms, and by giving notice of sale, 
as the court shall direct, and who shall make and execute. 



ELECTIONS. 18? 

good and sufficient conveyance or conveyance to the pur- 
chaser or purchasers thereof; which shall operate as an 
effectual har, both in law and equity against such owners or 
proprietors, and all persons claiming under them; and the 
moneys arising therefrom, to pay to the owners or proprietors And m<me « 
of such houses and lots, their guardians or legal representa- paid to ths 
tives, as shall be directed by said court. The court to owner * 
make such order in relation to costs as shall seem right. 

Sec. 17. An act for the speedy assignment of dower, ^ ctrtpeatei j 
approved February 12, 1819, and an act for the partition 
of lands, approved February 20th, 1819, be and the same 
are hereby repealed. 

Sec. 13. The commissioners to be appointed under Compensator 
this act shall be allowed as a compensation for their ser- 8l > ne" r j m '*" L 
vices, one dollar per day each, to be taxed as oth- 
er costs. This act to take effect on the first day of June 
next; but rights acquired under those acts are not affect- 
ed bv this act« 

[Approved^ Feb. 6, 1827.] 



ELECTIONS. 

AN ACT to amend the act regulating Elections. fj ™ Fet ' 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the county com- County com*, 
missioners' courts of the several counties in this state, are ™ay'?ncrea«e 
hereby empowered to increase the election precincts of the number 
their respective counties for the election of members of the of precincts , 
general assembly and other officers, to six, under the re- 
strictions of the act to which this is an amendment. 

Sec 2. There shall be appointed at the present session JusllceSQf 
of the general assembly, in the mode prescribed by the the peace 
"Act regulating the manner of appointing jus- ices of the appointed 
peace," approved February 19, 1819, a suitable number 
of justices of the peace for the several counties created at 
the present session of the general assembly; any law to 
the contrary notwithstanding. 

Sec. 3. Where any new county has been created at W hentoact 
the present session of the generel assembly, and there for new conn., 
shall be residing in such new county, persons now in the t,e3 
commission of justice of the peace', they shall exercise 
within such county the same jurisdiction, as though they 
had been commissioned for such new county, until they 
are succeeded by election. 

[4pprvced>Feb. 9,1827.] 



186 ELECTIONS. 

In force Jan. AN ACT directing the mode of electing Electors of President 
n > i8 * 27 and Vice President of the United States, 

Sec. 1 • Be it enacted by the People of the State of Illinois 

represented in the General Assembly, That there shall be 

Electors to be tested, by general ticket, on the first Monday in Novem- 

chose;, by ber, one thousand eight hundred and twenty-eight* and on 

general ticket the firgt jyj on( | a y ^November, quadriennially thereafter, 

as many electors of President and Vice President of the 

United States, as this state may be entitled to elect, which 

election shall be conducted, and returns thereof made, in 

all respects, in the manner prescribed for the election of 

governor. 

Sec 2. The clerks of the several county commissioners* 
Clerk's duty courts shall, within fifteen days next after holding an elec- 
wbentomake tion, for electors as aforesaid, send by express, to the se- 

returns to the P , , ' J ' ,* ' i t *. 

gecretnn of cretary of state, an abstract of the returns ot said election, 
states' office Immediately after the said returns shall have been made, 
the secretary of state, auditor of public accounts and trea- 
surer, or any two of them shall, in the presence of the go- 
vernor, or person administering the government, proceed 
to open and canvass said election returns, and to declare 
the persons having the highest number of votes elected; 
but should any two or more persons be returned, with an 
equal and the highest vote, the said secretary, auditor and 
treasurer, or any two of them, shall in the presence of the 
governor, or person administering the government, decide 
by lot which of the persons so equal and highest, shall be 
elected. 

Sec. 3. The governor, or person administering the gov- 

Resuit of the ernment, shall cause the result of said election to be pub- 

cla ^!^° be lished in the paper printed by the public printer, and 

transmit by express, to the persons elected, certificates 

of their election. 

Sec 4. There shall be paid to said expresses oat of the 
treasury, on the warrant of the auditor, mileage at the rate 
of ten cents per mile for bringing said returns to the seat 
of government, or for carrying a certificate of election to 
an elector. The secretary of state shall certify to the au- 
ditor how much each express shall be entitled to for ser- 
vices rendered under this act. 

Sec. b. Tin; electors chosen as aforesaid, shall met at 
neetauhe f ' 1( - 8eat of government of this state, at the time appoint- 
■eai of gov- ed by the laws of the United States, and give their votes 
ernment j n ^ iG manner therein provided :„ and perform such duties 
as are or may be required by law. Each elector shall re- 
ceive for every twenty miles necessary travel in going to 
*he seat of government to give his vote, and in returning 




ESTRAYS, &c. 189 

to his residence, to be computed by the most usual route, Their com. 
the sum of three dollars, to be paid oa the warrant of the l)ei,Sd on 
auditor, out of any money in the treasury, not otherwise 
appropriated. All prior acts on the subject of the elec- Acts repealed 
tion of electors of President and Vice President of the 
United States are hereby repealed. 

[Approved, Jan. 1 i , 1 827.] 



ESTRAYS, &c. 

AY ACT concerning water crafts found adrift, lost goods, £Jjgg? Juae 
and estray animals. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
7cp resented in the General Assembly, That if any person or 
i mis shall hereafter stop or take up any keel or flat boat, n,l t. r o[ per- 
ferry flat, batteau, perogue, canoe, or other vessel, or wa- ^atVrlsraft?* 
ter craft found adrift on any water course within the limits 
or upon the borders of this state, and the same shall be of 
the value of five dollars, or upwards, including her cargo, 
tackle, rigging and other appendages, it shall be the duty 
of such person or persons, within five days thereafter, (pro- 
vided the same shall not have been previously proven and 
restored to the owner,) to go before some justice of the 
peace of the proper county, and make affidavit in writing, 
setting forth the exact description of such vessel or craft, 
when and where the same was found, whether any, and if 
so, what cargo, tackle, rigging, or other appendage, was 
found on board, or attached thereto, and that the same 
has not been altered or defaced, either in the whole or in 
part, since the taking up, either by him, her or them, or 
b\ any other person or persons, to his, her or their know- 
ledge. And the said justice shall thereupon issue his war- 
rant, directed to some constable of his township, com- 
manding him forthwith to summon three respectable 
householders of the neighborhood, if they cannot other- 
wise be had, whose duty it shall be to proceed without de- 
1 in to examine and appraise such boat or vessel, her cargo, 
tackle, rigging and all other appendages as aforesaid, and 
to make report thereof, under their hands and seals,to the 
justice issuing such warrant as aforesaid, who shall enter 
the same together with the affidavit of the taker up at 
lai ge in his estray book; and it shall be the further duly of 
such justice, within ten days after the said proceedings 
shall have been entered on his estraj book as aforesaid, to 
tra: rtined copy thereof to the clerk orHhe coun- 



190 ESTRAYS, &c 

ty commissioners' court of the proper county, to be by him 
recorded in his estray book, and hie the same in his of- 
fice. 
Boats, &c. ^ec 2 ' ' n a ^ ca ses where the appraisement of any 

wh -ii taken such boat or vessel, including her cargo, tackle, rigging, 
J?L!d b &Td- and other appendages as aforesaid, shall not exceed the 
verttsed sura of twenty dollars, the taker up shall advertise the 

same on the door of the court house, and in three other of 
the most public places in the county, within ten days after 
the justice's said certificate shall have been entered on 
the records of the county commissioners' court, and if no 
person shall appear, to claim and prove such boat or ves- 
sel within six months from the time of the taking up as 
aforesaid, the property in the same, shall vest in the taker 
up, but if the value thereof shall exceed the sum of twen- 
ty dollars, it shall be the duty of the clerk of the county 
commissioners' court, within twenty days from the time of 
the reception of the justice's said certificate at his office, 
to cause an advertisement to be set up on the door of the 
court house, and at three other of the most public places 
in the county, and also a notice thereof to be published for 
three weeks successively, in some public newspaper prin- 
ted in this state. And if the said boat or vessel be not 
And Jf not claimed and proven within ninety days after the ad ver- 
ciamied how tisement of the same as aforesaid, it shall be the duty of 
the taker up to deliver the same to the sheriff of the coun- 
ty wherein such boat or vessel may have been so taken up, 
who shall thereupon proceed to sell the same at public 
auction, to the highest bidder for ready money, having 
first given fifteen days' notice of the time and place of sale; 
and the proceeds of all such sales, after deducting the costs, 
and other necessary expenses, shall be paid into the coun- 
ty treasury. 

Sec. 3. If any person or persons shall hereafter find any 
Lost goods & lost goods, money, bank notes, or other choses in action, of 
Eo°w^opn£ eP an } T description whatever, of the value of five dollars and 
seed upwards, it shall be the duty of such person or persons, to 

inform the owner thereof, if known, and to make restitu- 
tion of the same, without any compensation whatever, ex- 
cept the same shall be voluntarily given on the part of the 
owner; but if the owner be unknown, such person or per- 
sons shall within five days after such finding as aforesaid, 
take such goods, money, banknotes, or other choses in ac- 
tion before some justice of the peace of the proper county 
and make affidavit of the description thereof, the time and 
pi tre, when and where the same was found, that noalter- 
ati hi had been made in the appearance thereof since the 
finding of the same, whereupon the justice shall enter a 



ESTRAYS, &c. M 

description ofthe property thus found and the value there- 
of as near as he can ascertain, in his estray hook, together 
with the aifi lavit ofthe finder, to he taken as aforesaid; 
and shall also within ten days after the said proceedings 
shall have been entered on his estray book as aforesaid, 
transmit to the clerk of the county commissioners' court, 
a certified copy thereof, to be by him recorded in his es- 
tray book, and to tile the same in his office. 

Sec. 4. In all cases where such lost goods, money, bank Where the 
notes, or other choses in action, shall not exceed the sum *™°°°' (t ^ c9 
of fifteen dollars in value, it shall be the duty of the finder $15 
to advertise the same on the door ofthe court house, and 
in three other ofthe most public places in the county, and 
if no person shall appear to claim and prove such money, 
good*, bank notes, or other choses in action, within twelve 
months from the time of such advertisement, the ri^ht to 
such property, wiere the same shall consist in goods, mo- 
ney or bank notes, shall be vested in the finder: but if the w . 
value thereof shall exceed the sum of fifteen dollars, it Mnonntei* 
shall be the duty ofthe clerk of the county commissioners' ceedsjs.^ 
eourt, within twenty days from the time ofthe reception 
of the justice's said certificate at his office, to cause an ad- 
vertisement to be set up on the court house door, and in 
three other of the most public places in the county, and 
also a notice thereof to be published for three weeks suc- 
cessively in some public newspapei printed in this state; 
and if the said goods, money, bank notes, or other choses 
in action, be not reclaimed within six months after the 
advertisement thereof as aforesaid, it shall be the duty of 
the finder, if the property shall consist in money or bank 
notes, to deliver the same to the county treasurer, after 
deducting the necessary expenses, hereinafter provided 
for: if in bonds, bills, notes of hand, patents, deeds of con- 
veyance, articles of apprenticeship, mortgages, or other 
instruments of value, the same shall be delivered to the 
clerk ofthe county commissioners' court, to be preserved 
in his office, for the benefit ofthe owner whenever legal 
application shall be made therefor; if in goods, wares or 
merchandize, the same shall be delivered to the sheriff of 
the county, who shall thereupon proceed to sell the «ame, 
at public auction to the highest bidder for ready money, 
having first given ten days' notice ofthe time and place of 
sale, and the proceeds of all such sales, after deducting 
the costs and other expenses, shall be paid into the county 
treasury. 

Sec. 5. In all cases where any vessel or water craft shall Where the 
be taken up, or any goods, monev or bank notes, shall he J" 10 ®. 1 j 8 "9? 
found as aforesaid, which shall be of a value less than five 



W* ESTRAYS, &c. 

dollars, it shall be his duty to advertise the same, by setting 
up three advt rtisements in the most public places in the 
neighborhood, but in such case, the taker up or finder shall 
be required to keep and preserve the same, in his or her 
possession, and shall make restitution thereof to the owner 
wituout fee or reward, except the same be given volunta- 
rily whenever legal application shall be made for the same: 
Provided, it be done within three months from the time 
of such taking up or finding; but if no owner shall appear 
to reclaim such property within the time aforesaid, the ex- 
• elusive right to the same shall be vested in the finder or 
taker up. 

Sec. 6. Every person being a householder who shall take 
Estray ani- U P an y stray horse, gelding, mare, colt, mule, or ass, snail 
inais, the ta- within five days thereafter, take the same before some jus- 
proceed °" l ° tice °** the P eace > of tne county wherein such stray shall 
have been taken up, (provided the same shall not have 
been previously proved by the proper owner or owners, 
and a tender made for the compensation herein provided 
for) and make oath before such justice that the same was 
taken up at his or her plantation, or place of residence, 
in said county, (or otherwise as the case may he) and that 
the marks or brands have not been altered by him or her, 
or any other person or persons, to his or her knowledge, 
either before or since the taking up, the justice shall theji 
issue his warrant directed to a constable of his towns'-. ip, 
commanding him to summons three disinterested house- 
holders of the neighborhood, unless they can otherwise be 
had, to appraise such estray, and after they or any two of 
them, have been sworn to appraise such estray, without 
partiality, favor, or affection, they shall forthwith proceed 
to appraise the same, and shall immediately make report 
thereof, in writing under their hands and seals, to the said 
justice; in which they shall be required to set forth a de- 
scription of the marks, natural and accidental, brands, sta- 
ture, colour, and age, of such horse, gelding, mare, colt, 
mule, or ass, and the said justice shall thereupon enter 
the same in his estray book, and transmit a certified copy 
thereof, under his hand and seal, together with the origin- 
al return of the appraisers, to the clerk of the county com- 
missioners 1 court of said county, within ten days thereaf- 
ter, who shall enter the same in his estray book, and file 
the aforesaid transcript, and report of the appraisers in 
his office; and the said clerk shall, within twenty days from 
the time of the reception of the justice's said transcript 
as aforesaid, cause an advertisement thereof to be set up 
on the door of the courthouse, and at three other of the 
most public places in the county; and also a notice to be 



ESTRAYS, &c 193 

published for three weeks successively in some puMic 
newspaper printed in this state: Provided, that the news- 
paper publication may be dispensed with in all rases where 
the value of such estray shall not exceed the sum of fifteen 
dollars. 

Sec. 7. Any person, being a householder, who shall 
take up any head of neat cattle, sheep, goat or hog shall cat <£" j£? 
within live days thereafter, cause the same to be adverti- 
sed in three different places in the neighborhood or town- 
ship, and shall also within ten days thereafter, unless such 
stray or strays, shall have been previously reclaimed by 
the owner, go before some justice of the peace of the pro- 
per county, and make oath, as is required in the taking up 
of an estray horse, whereupon such justice shall take from 
such taker up, upon oath, a particular description of the 
marks, brands, color and age of such neat cattle, sheep, 
goat or hog, and said justice shall also cause such estray 
or estrays, last mentioned as aforesaid, to be appraised in 
like manner as is required to be done in the case of an es- 
tray horse, after which the same entries and proceedings 
shall be made, as is required in the sixth section, except 
that it shall not be necessary to make publication in a 
newspaper, where the valuation of the property shall not 
exceed the sum of fifteen dollars: Provided, that if two or 
more estrays of the same species are taken up by the same 
person, at the same time, they shall in all cases, be includ- 
ed in one entry, and in one advertisement, and in such 
case the said justice, clerk and appraisers shall receive 
no more for their services than is allowed in cases where 
but one of the same species is taken up. 

Sec. 8. Any person, being a householder, finding any 

ii- i # i • « „ * Horses rnnmg 

stray horse, gelding, mare, colt, mule or ass, running at atiargfcui i^ 

large, without any of the settlements in this state, may mn the settle- 
take up the same, and shall forthwith take such stray or ment 
strays before the nearest justice of the peace, and make 
oath as directed in the sixth section of this act, after which 
it shall be lawful for such person to post such stray or 
strays, in manner and form as is hereinafter directed, in 
cases where estrays are taken up within the settlements: 
Provided, that nothing in this act contained shall be so 
construed as to 'authorize any person to take up, or stop, when lawful 
any estray animal, between the first day of May and the totakeihem 
first day of November, unless the same be a work beast, up 
and manifestly straj ing away from the owner. 

Sec. 9. As a reward for the taking up of all boats and Reward* for 
other vessels, and of estrays, and for the finding of all lost talungap 
good=, money, bank notes, and other choses in action, 
there shall be paid by the owner to the taker up or finder, 



IM ESTRAYS, &c. 

before restitution of the property, or proceeds thereof, 
shall oe made for every horse, gelding, mare, colt, mu!e 5 
or ass, the sum of one dollar, ex?ept where the same may 
have been taken up out of the settlements, in which case 
the taker up shall be allowed the sum of three dollars; for 
each head of neat cattle, fifty cents; for every sheep or g« at 
twenty-live cents,and for every hogabove six months old the 
sum of ten cents. And in all cases where goods, money or 
bank notes shall be found, the finder shall he entitled to 
ten per cent upon the value thereof; in addition to which 
said allowances, the owner shall also be required to pay 
to the taker up or finder, all such costs and charges as 
may have been paid by h,m or her lo ihe justice and clerk 
for their services to be rendered as aforesaid, including 
the costs of publication, together with reasonable charges 
for keeping and taking care of such property, which last 
mentioned charge, in case the taker up or finder and the 
owner cannot agree, shall he assessed by two disinterested 
householders of the neighborhood to be appointed by some 
justice of the peace of the proper county, whose decision 
when made, shall be binding and conclusive on all parties - f 
but where the animal taken up is suitable for the harness 
or saddle, no charge shall be allowed for keeping the same, 
but no such animal shall be kept out of the county where 
the same shall have been taken up, more than one week 
at any one time. 

Sec. 10. In all cases where any stray horse, gelding. 
Where no mare, colt, mule or ass, neat cattle, sheep, goat, or ho£, 
p.- 1 T ho* to s * la ^ ' Je ta ^ en U P as aforesaid, and no owner shall apply 
proceed to prove his or her property, within a year after advertise- 

ment shall be made as aforesaid, and when the valuation 
shall not exceed the sum often dollars, the property shall 
be vested in the taker up; but if the valuation thereof 
shali exceed the sum often dollars and no owner appears 
within the time aforesaid, it shall be the duly of ih- taker 
up, to deliver the same to tUe sheriff of the county, who 
sh-.ll thereupon proceed to sell such stray orstraysat pub- 
lic auction to the highest bidder, for ready money, having 
first given ten days 1 notice of the time and place of sale, 
and the money arising from the sale thereof, after deduct- 
ing the costs and charges paid by the taker up, and rea- 
sonable expenses for keeping the same, together with all 
other costs and charges which may be incident thereto, 
shall be paid into the county treasury: Provided, that the 
taker up shall, in all cases, have the' privilege, at the ex- 
piration of the year as aforesaid, to pay into the county 
treasury the appraised value of sue 1 estray, after deduct- 
ing the costs and charges aforesaid, and by so doing shall 



ESTRAYS, &c. m 

acquire an absolute right to the property in such estray? 

A'id provided further, that the allowance to he made for 

keeping such estray or estrays, where no owner appears, 

shall be ascertained by two disinterested householders as 

is provided in the ninth section. 

Sec. 1 1. The nett proceeds of all such sales as may at .. ^ . 

i u iu i iv fa . ; , Kett proceeds 

any time be made by the sheriri m pursuance of this act, t o goto the 

and all such money and hank notes as may be paid over to county 
the county treasury, as directed in the tenth section, shall 
remain in the hands of the treasurer in trust for the owner, 
if any such shall apply within one year from the time the 
same shall have been paid over; but if no owner shall ap- 
pear within the time aforesaid, the said money shall be 
considered as forfeited, and the claim of the owner there- 
to forever barred, in which event the money shall remain 
in the treasury, to be appropriated for county purposes. 

Sec. 12. The owner of any such property as aforesaid The owner to 
which may at any time be taken up, or found as aforesaid, hwwft* 
shall have restitution of the same, or the proceeds there- 
of at any time before the same shall have become vested, in 
the tinder or taker up, or forfeited as aforesaid, by making 
the requisite proof before the clerk of the county com- 
missioners' court of the proper county, who shall thereup- 
on grant to him a certificate of such proof having been 
made, with direction to the taker up, finder, sheriff or 
county treasurer, (as the case may be) to make restitution 
thereof without delay; upon the production of which said 
certificate, the property or money as aforesaid, after all 
proper charges are deducted, shall be forthwith delivered 
or paid over to such claimant. 

Sec. 13. If the taker up of any vessel or water craft, LiabiUtyof 
or stray beast, or the finder of any lost goods, money, bank takers up 
notes, or other choses in action, shall be faithful in taking 
care of the same, and any unavoidable accident should 
happen thereto* without the fault or neglect of the finder 
or taker up, before the owner shall have an opportunity 
of reclaiming the same, such taker up or finder shall not 
be answerable therefor: Provided, that in all cases of ac- 
cident as aforesaid it shall be the duty of the taker up or 
finder, within ten days thereafter to certify the same, un- 
der his hand and seal, to the clerk of the county commis- 
sioners' court, who shall make an entry thereof, on his es- 
tray book; 

Sec. 14. If any person shall trade, or sell, or carry out Nottodis- 
of the limits of this state any such property as may at any P"« f™*£ ] 
time be taken up or found as aforesaid, except such ani- 
mals as are suitable for the harness or saddle, as named m 
"he ninth section of this acU before he or she shall be yest- 



196 



ESTRAYS, &c. 



Penality for 
Selling 



Penality for 
not com ply - 
ihg with this 
qet 



Estray horse 
to l> exhibi- 
ted at the 
court house 



Duty of clerks 



Pounds to tv 
erected 



ed with the right to the same, agreebly to the provision*;, 
of tnis act, he or she so offending shall forfeit and pay 
double the value thereof, to be recovered by any person 
who will sue for the same, in any court, or before any jus- 
tice of tne peace having cognizance thereof, by action of 
d bt, or upon the case; one half whereof shall go to the 
person suing, and the other half to the county. 

Sec. 15. If any person shall take up any boat or vessel, 
or any stray beast as aforesaid, or shall find any goods, 
money, bank notes or other choses in action, and shall fail 
to comply with the requisitions of this act, every such per- 
son so offending, shall forfeit and pay the sum of twenty 
dollars, to be recovered before any justice of the peace, 
by any person who will sue for the same, the one half 
whereof shall be for the use of the person suing, and the 
other half for the county: Provided, that nothing herein 
contained shall prevent the owner from having and main- 
taining his action against such person, for the recovery of 
any damages, he or she may sustain. 

Sec 6. It shall be the duty of the taker up of any 
stray horse, gelding, mare, colt, mule or ass, to cause the 
same to be exhibited on the first day of the next term of 
the circuit court of the county succeeding the time at 
which such stray shall be taken up, from ten o'clock, A. 
M. until four o'clock P. M. of said day, that the owner may 
have an opportunity of reclaiming his property. 

Sec 17. It shall be the duty of each clerk of the coun- 
ty commissioners' court in this state to keep an estray hook 
in which he shall register all certificates of strays, deliver- 
ed to him as aforesaid, as well as all other certificates as 
aforesaid, and shall file the same in regular order; and it 
shall be his further duty to make out a fair and correct 
list of all such property as may, at any time, be taken up 
or found as aforesaid, and toafftx the same on the door of 
the court house, on the first day of each term of the circuit 
court, omitting such as has been proven away, or which 
may have been lost by unavoidable accident, under the 
penalty of five dollars for such neglect or emission. 

Sec 18. The county commissioners' court in each coun- 
ty in this state shall cause a pound or stray pen to be erect- 
ed, at or near the court house, within three months, after 
the place of erecting the public buildings shall be fixed 
upon, and as often thereafter as may be necessary, with a 
good and sufficient post and rail fence, gate, lock and key, 
wherein all stray horses, geldings mares, colts, mules and 
asses, above two years old, taken up within the county, 
shall be exhibited! as aforesaid. And the county commis- 
sioners failing to have such pound or stray pen erected; 



ESTRAYS, &c. 197 

shall severally forfeit and pay the sum often dollars for 
ea h term of the circuit court, which may he held, after 
the time for building the same shall have elapsed, until 
the same shall be erected, and until such pound or stray 
pen is erected, no person taking up any stray horse, geld- 
ing, mare, colt, male, or ass, as aforesaid, shall be liable to 
an} penalty for not exhibiting the same. 

Sec. 1 9. The count) commissioners' court in each coun- p erson3 to 
ty in this state, shall employ some fit person to take charge tak- charge- , 
of all such pounds or stray pens, as may from time to time 0l tliem 
be erected in their several counties, whose duly it shall 
be to take charge thereof, and to keep the same in repair; 
and also to attend, on the several court days during the 
time said estrays are directed to be kept therein, with the 
key of the same, and the said commissioners' court shall 
make such reasonable allowance for the expense of erect- 
ing and keeping said pound or stray pen, as to them shall 
seem proper, to be paid out of the county treasury in like 
manner as other county charges are liquidated and paid; 
arid any person being employed and undertaking to take 
care of any such pound or stray pen, and failing in his du- 
ty, agreeably to the directions in this act contained, shall 
forfeit and pay the sum often dollars, to be recovered be- 
fore any justice of the peace; the one half whereof shall 
go to the person suing for the same, and the other half to 
the county. 

Sec. 20. In all cases, where services shall be performed 
by any officer, or other person or persons, under this act, tt 5er f ltoiillt 
the following fees or compensation shall be allowed, to wit. 
to the justice of the peace for administering the oath to 
the taker up, or finder, making an entry thereof, with the 
report of the appraisers, and making and transmitting a 
certificate thereof to the clerk of the county commission- 
ers' ceurt, fifty cents: to the clerk for taking proof of the 
ownership of the property, and granting a certificate of the 
same twenty five cents; for registering each certificate trans- 
mitted to him by any justice as aforesaid, twelve and a half 
cents; for advertisements, including the newspaper publi- 
cation, fifty cents, in addition to the costs of such publica- 
tion; to the sheriff on account of all sales made by him, in 
pursuance of this act Cwe per cent on the amount. To the con- 
Btable for each warrant served on appraisers, twenty-live 
cents; all which said costs and charges, with the excep- 
tion of the justices charge for granting a certificate of the 
proof of ownership, and ihe sheriff's commission shall be 
paid by the taker up, to the persons enttled thereto, when- 
ever the said servicea Bhall he performed: Provided, that 
in all cases, where if. shall be necessary to make publica- 



1*8 ESTRAYS, fee. 

tion in a newspaper, the taker up or finder, fas the case 
mav be) shall he required to deposit with the clerk of the 
county commissioner's court a sum of money sufficient to 
pay for the same, previous to the publication thereof. All 
wni< h costs and charges shall be reimbursed to the taker 
up or finder, in all cases where restitution of the property 
shall be made to the owner, or the same shall be delivered 
to the sheriff, to be sold, r where money or bank notes, 
shall be paid into the county treasury, in addition to the 
reward, to which such person may be entitled, for such ta- 
king up orfiiding as aforesaid. 

Sec. 21. In all cases of the division of counties, all 

Whenacoun- strays, or other property taken up or found as aforesaid, 

ty is divided s fj a || belong to the county wherein the same may be found, 

and shall be disposed of as other strays or property posted 

in said county. 

Sec 22. For the more speedy recovery of est rays and 
Sfltray books other lost property, it shall and may be lawful at all times, 
for any person interested to search and examine the estray 
book of the clerk of the county commissioners* court, for any 
information he or she may want in relation to any property, 
winch may at any time have strayed away, or been lost by any 
such person as aforesaid; for which said search, the clerk 
shall be entitled to no compensation whatever. 

Sec. 23. If any person shall act contrary to the duties 
• ro enjoined by this act, for which no penality is herein before 

vided for in particularly pointed out, the person so offending, shall on 
this act conviction thereof, forfeit and pay, for every such offencej 

not less than five, nor more than one hundred dollars, to be 
sued for, in the name of the county commissioners, for the 
use of the proper county, in any court, or before any jus- 
tice of the peace having cognizance of the same. 

Sec 24. All acts and parts of acts, contrary to, or re- 
Acts repealed pugnant to this act, are hereby repealed; but all offences 
heretofore committed, and rights accrued, under the act 
hereby repealed, may be prosecuted and enforced as 
though this act had not passed. This act to take effect or* 
the first day of June next. 

[Approved, Jan. 31, 1827.] 




EVrDENCE. 199 

AN ACT declaring what shall be Evidence in certain cases, T " force Jan# 

Sec. 1 . He it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the printed stat- ^tatet^ 
ute books of this state and of the late territories of Illinois Uence 
and Indiana, printed under the authority of said state and 
territories shall be evidence in all courts and places of the 
private acts therein contained. 

Sec 2. The printed statute books of the several states 
and territories of the United States purporting to be prin- *Jj )} h ™ of 
ted under the authority of those states and territories, 
shall he evidence in all courts and places, of the legisla- 
tive acts of those states and territories respectively. 

Sec. 3. Copies of the proceedings and judgments be- Coofes of pro- 
fore justices of the peace, certified by the justice or jus- J^BJjJjS 
ticcs under his or their hands and seals, before whom such of the peace 
proceeding or judgment is had, shall be received as evi- 
dence of such proceeding or judgment. Where such 
certified copy is to be used as evidence in any county oth- 
er than that in which the justice or justices so certifying 
shail reside, the same shall not be received as evidence, un- 
less a certificate from the clerk of the county commis- 
sioners' court, (with the seal of the court,) shall be annex- 
ed thereto, certifying that on the day on which such pro- 
ceeding was had, or judgment rendered, such justice so 
granting the same, was a justice of the peace duly com- 
missioned and sworn. 

Sec 4. The official certificate of any register or re- official certify 
ceiver of any land office of the United States, to any fact ica es, when 
or matter on record in his office, shall be received in evi- tVKieuce 
dence in any court in this . tate, and shall be competent to 
prove the fact so certified. The certificale of any such 
register of the entry or purchase of any tract of land 
within his district, shall be deemed and taken to be evi- 
dence of title in the party who made such entry or pur- 
chase, or his heirs or assigns, and shall enable such parly, 
his heirs or assigns, to recover the possession of the land 
described in such certificate, in any action of ejectment 
or forcible entry and detainer, unless a better legal and 
paramount title be exhibited for the same. 

Sec. 5. An exemplification by the secretary of this or secretary 
state of the laws of the other states and territories, which 
have been, or shall hereafter be transmitted by order of 
the executive or legislatures of such other states or terri- 
tories, to the governor of this state, and by him deposited 
in the office of said secretary, shall be admissible as evi- 
dence in any court of this state. 

Sec, 6. Every justice of the peace, hereafter to b^ 



200 



EXECUTORS AND ADMINISTRATORS. 



Of commis- sworn into office, shall take the oath? required by law, be* 

■oners clerk, c *i 1 1 c il • • •* ^ c A 

w!i evi lore the clerk ot the commissioners court of the proper 

dence county, who is hereby authorized to administer the same, 

a^d who shall certify the same upon the commission. The 
said clerk shall keep a hook in which he shall enter the 
name of every justice of the peace sworn into office by 
him, together with the date of his commission, and i\\e 
time when he was sworn into office; resignations of the 
office of justice of the peace shall he made to the clerk of the 
commissioners' court of the proper county, who shall im- 
mediately enter the date of every such resignation in the 
bonk above provided for: which book, or a certified copy 
of any entrv in the same, shall be received as evidence in 
all courts within this state. 

Sec 7. The act entitled, "An art rendering authentic 
as evidence in the courts of this state, the public acts, re- 
cords and judicial proceedings of courts in the United 
Stages, approved February 20, 1819;*' and the act entitled 
"At act relating to evidence in courts of justice, approv- 
ed January 28, 1 823," are hereby repeal 

[Approved, Jan. 10, 1827.] 



EXECUTORS AND ADMINISTRATORS. 



In force June AJf ACT to 'authorize Executors and Administrators to sell 



1, 1827 



real estate in certain cases. 



When and 
how re;il es- 
tate may be 
sold 



Circuit court 
to examine 

applications 



Sec. 1. Be it enactedbythe People of the Stale of Illinois, rep- 
resented in the Genera! Assembly, That whenever any execu- 
tor or administrator, shall apply to the circuit court for 
the sale of the real estate of his or her testator or intes- 
tate, for the payment of debts, the personal estate being 
insufficient, such executor or administrator, shall give 
twenty davs notice of such application, by serving a notice 
on the devisees or heirs, (or guardians of such as may be 
underage, should th^y have guardians) of the deceased, or 
by publishing a notice for three weeks, in the nearest 
newspaper printed in the state, to the premises, requiring 
all persons interested to appear at the court to which t\\e 
application for such order of sale will he made, and shew 
cause, if anv they have, why the whole or so mu h of the 
real estate of said testator or intestate should not be sold 
as uil! he sufficientto pay his or her debts. 

Sec 2. The circuit court shall examine into the appli- 
cation and abstract of debts and credits of the estate as 



EXECUTORS AND ADMINISTRATORS. 201 

furnished from the office of the judge of probate, and 
such other evidence as either party may adduce; and if 
the personal estate is not sufficient to pay the debts of the 
estate, the circuit court may order the whole, if necessa* 
ry, if not, then such part thereof, from time to time, of 
the real estate of such testator or intestate, to be sold as 
Will he sufficient to pay the debts of such estate; and 
when a part of the real estate is ordered to be sold, the or- 
der of the court shall specify, as particularly as may be, 
the part so ordered to be sold. 

Sec. 3. Where any houses and lots, or other real estate, 
is so situated, that a part thereof cannot be sold without 
manifest prejudice to the heirs or devisees, the circuit 
court may order the whole or a greater part thereof, than 
is necessary to pay such debts to be sold, and the overplus 
money arishVg from such sale, shall be distributed among 
the heirs or devisees according to their respective rights. 

Sec. 4. No lands or tenements shall be sold by virtue Sa,e ? t0 **:*£ 
of any such order of the circuit court, unless such sale be pu 
at public vendue, and between tiie hours of ten in the 
morning and the setting of the sun of the same day; nor 
unless the time and place of holding such sale shall have been 
previously advertised for the space of four weeks, by put- 
ting up a written notice, describing the premises to be sold, 
with common certainty, in four of the most public places 
of the county; and should the court so direct, by causing 
an advertisement of such sale, to be inserted in some ^™ rti5e * 
newspaper printed in the state, for three weeks, previous 
to such sale. And if any executor or administrator, shall 
sell any real estate contrary to the provisions of this act, 
he, she or they, so offending, shall forfeit and pay five hun- 
dred dollars, to be recovered by action of debt, with costs 
of suit, by any person who will sue for the same; which 
Stun, when recovered, shall be for the use of the estate: 
Provided, that no such offence shall affect the validity of 
such sale, and that the person aggrieved, shall in all cases 
have a right to bring suit and recover damages which he 
may have sustained in consequence thereof. 

Sec 5. Executors or administrators may give such * credit m aj 
length of credit, not exceeding one year, as they shall egl>en 
think best calculated to promote the interest of the es- 
tate, taking good real or personal security for the pay- 
ment of the purchase money. 

Sec. 6. All sales of real estate to be made by order of 
the circuit court, shall be made and conveyances executed 
by the executors or administrators applying for such or- 
der; and the conveyances for the same, shall set forth such 
order at large, and shall be valid and effectual against th<k 
2fi 



202 EXECUTORS AND ADMINISTRATORS. 

heirs and devisees of such testator or intestate, and afl 
persons claiming by or under them. 

Sac 7. All moneys arising from sales of real estate by 
any executor or administrator, shall be assets in his, her, 
or their bands, and subject to the payment of debts in the 
same manner as other assets; and all executors and ad- 
ministrators, upon obtaining an order to make sale of real 
estate as aforesaid, shall return an inventory of such sale, 
describing the real estate sold, the amount for which the 
same was sold, the name of the purchaser, what security 
taken, whether by mortgage or collateral security, and 
the credit given upon such sale; and the judge of probate 
shall enter the same of record as in other cases. 

Sec. 8. Where application may be made under this act 
for the sale of real estate, and any one of the heirs or 
devisees of the testator or intestate, are infants and with- 
out a guardian, the circuit court shall appoint some suita- 
ble person to be guardian ad litem for such infants, for the 
sole purpose of appearing for, and taking care of the in- 
terests of such infant upon said application. 

Sec 9. Where any testator or intestate dies seized of 
any certificate orcertifieates, to lands not cleared o,ut of the 
office, and the estate of such deceased person is not suffi- 
cient after the payment of debts to complete the pay- 
ments thereon, it shall be lawful for the executors or ad- 
ministrators, to sell or dispose of such certificate or certif- 
icates, i.i such manner as they may deem nrv st advantage- 
ous to the heirs of such testator or intestate. 

Sec. 10. Appeals shall lie from the judgment of the 
circuit to the supreme court, in favor of any person claim- 
ing to be aggrieved; such appeal being entered during the 
term at which the judgment was rendered. 

Sec 11. The act entitled " An act for the sale of the 
real estate of minors in certain eases, ,, approved February 
2, 1 82 1 ; and an "Act to authorize executors and administra- 
tors to sell real estate in certain cases,'" approved Janua- 
ry 28, 1 823, are hereby repealed: Provided, that all pro- 
ceedings lawfully begun under said acts, may proceed, and 
be completed in the same manner as though this 
act had not been passed. This act to take effect the first 
of June next, j 

[Approved, Feb. 7, 1827] 



Salaries 



FEES. 20S 

J3N ACT regulating the salaries, fees and compensation of 

the several officers and persons therein mentioned* ' 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented hi the General Assembly, That the salaries, fees 
and compensation of the several olficcrs and persons here* 
inafter mentioned, are established as follows, to wit: • 

SALARIES, &c. 

To the governor, per annum, §1000 

The secretary of state, exclusive of fees, per annum 600 
The auditor of public accounts, inclusive of clerk 

hire, per annum, 1200 

The state treasurer, inclusive of clerk hire, per 

annum, 800 

The chief justice and each of the associate justi- 
ces of the supreme court, respectively, per an- 
num, 80ft 
The attorney general, per annum, 350 
Each eircuit attorney, per annum, 250 
The adjutant general, per annum, 100 
All of which salaries shall be paid to the persons 
entitled thereto, in quarter yearly instalments, 
on the warrant of the auditor, out of any nru> 
nevs in the treasury not otherwise appropria- 
ted. 
Sec. 2. Compensation of the members of Comppnsatioa 

assembly, &C. to members, 

There shall be allowed to the speaker of the se- J?«£a5«. 

Date and house of representatives, respectively sembiy 

at the present session, per day, $4 

To each member of the senate and house of rep- 
resentatives, at the present session, per day, 3 

To each speaker and member, in addition for 
every twenty miles' travel in going to, and 
returning from, the place of session, 3 

To the secretary of the senate, and principal 
clerk of the house of representatives, respec- 
tively, per day, 5 

To the enrolling and engrossing clerks of the se- 
nate and house of representatives, respective- 
ly, per day, 4 

To the door keeper of the senate and house of 

representatives, respectively, per day, 3 

And the said compensation, when due to the 

officers and members of the senate as .aforesaid, 

shall be certihed by the secretary thereof, with 



*4H FEES. 

the exception of his own compensation, which 
shall be certified hy the speaker; and the com-* 
pensation that may be due to the officers and 
members of the house of representatives, shall be 
certified by the principal clerk thereof, and that 
of the clerk, by the speaker; which said eertifi- 
« cates, when made out as aforesaid, shall be suffi- 
cient evidence to the auditor of each person's 
claim, respectively, who shall issue his warrant 
on the treasury for the amount to which such 
person shall be entitled as aforesaid, to be paid 
out of any moneys in the treasury not otherwise 
appropriated. 

INCIDENTAL EXPENSES, &c. 
Sec. 3. The incidental expenses of the offices 
of the auditor of public accounts, state treasurer 
and secretary of state, shall include postage on 
all public papers sent to or from said offices rela- 
tive to the business thereof, furniture for the 
same, the necessary fuel, and all such books, 
blanks and other stationary as shall be considered 
necessary for the convenient transaction of busi- 
ness in said departments respectively. 

Sec. 4. For the purpose of defraying the in- 
cidental expenses aforesaid, it shall be the duty 
of ^aid officers respectively, from time to time, 
as said expenses may be incurred, to lay proper 
vouchers for the same before the governor, whose 
duty it shall be, if such accounts shall appear to 
be reasonable, to allow the same, and to certify 
the amount thereof to the auditor, who shall 
thereupon be required to issue his warrant for 
the same to the person entitled thereto; to be 
paid out of any moneys in the treasury not oth- 
erwise appropriated. 

SECRETARY OF STATE'S FEES, 
Sec. 5. There shall be allowed to the secre- 
tary of state, in addition to his salary, the fol- 
lowing foes, to wit: 

For copies or exemplification of records, for ev- 
ery seventy-two words, \ K 
Affixing state seal with certificate of authentica- 
tion 1 
Copy of any law, for every seventy-two words, 1.' 
Official certificate, without seal, when not re- 
quired for public use, Q". 
Provided, that he shall in no case be entitled to 
any fees whatever, when any services are 



FEES. i05 

performed for the state, in discharge of the- 
duties oi his office. 

JUDGE OF PROBATE'S FEES. 
Faking proof of a last will or testament, 50 

Endorsing certificates of probate thereon, 12 1-2 

Recording last will and testament, for every 

seventy-two words, 15 

Issuing letters testamentary or of administra- 
tion, affixing seal thereto, and recording 
the same, 1 50 

Taking bond of the executor or administrator, 75 

Administering oath to each executor or ad- 
ministrator, 12 1-2 
For each citation, 25 
Taking and filing renunciation of the widow 

or next of kin, 25 

Taking proof of a codicil, proved separately, 50 

Endorsing certificate of probate on codicil, 12 1-2 

Recording the same, for every seventy-two 

words, 15 

Examining and approving each inventory, sale 
bill or account current, filed by executors or 
administrators, 50 

Entering the settlement of executors or admin- 
istrators on the order book, 75 
Each copy of the settlement of executors or ad- 
ministrators, with certificate and seal, 1 
For each decree limiting the time for exhibiting , 

the claims of creditors, 25 

For each order of distribution, 50 

For each order on an executor or administrator 
to pay out of the estate to creditors, in pro- 
portion to their debts, 25 
For copies or exemplifications of records, 

every seventy-two words, 15 

Official certificate and seal, 50 

Making out order for publication, 26 

F »r allowing an appeal to the circuit court, 25 

For issuing each special writ or summons with 

seal, 25 

COUNTY COMMISSIONERS' FEES. 
Sec. 6. There shall be allowed to each coun- 
ty commissioner, in full fur his services, for each 
day's attendance in holding courts, the sum of 
one dollar and fifty cents, to be paid on the cer- 
tificate of the clerk, out of any moneys in the 
treasury of the county not otherwise appropria- 
ted. 



2*6t> FEES. 

FEES OF THE CLERK OF THE SUPREME COURT. 

For each writ of error and sea), with superse- 
deas, 1 

For each writ of error and seal, without super- 
sedeas, 75 

For each bond, when not furnished by the par- 
ty, 50 

Filing each pappr, excepting records, and pa- 
pers on appeals and writs of error, 6 1-4 

Filing each record and accompanying papers 
on appeals and writs of error, as returned by 
the inferior courts, 20 

Docketing cause, 12 1-2 

Entering each rule or order of court, each en- 
try being considered as one order, 25 

Execution and seal, 50 

Entering sheriff's return, on any writ or execu- 
tion, 12 1-2 

For each subpoena and seal, 50 

For each scire facias, mandamus, and other spe- 
cial process, for every seventy-two words, 18 

Sealing the same, 25 

Bringing any particular record into court, of a 

suit, matter or thing not before the court, 25 

Copy of a record or rther proceedings, for eve- 
ry seventy-two words, 15 

Entering judgment or decree, for every seven- 
ty-two words, 1 8 

Entering each continuance from one term to an- 
other, 12 1-2 

Making complete record when directed by the 

party, for every seventy-two words, 1 5 

For each official certificate and seal, other than 

to the process of the court 50 

Each ufficial certificate, as aforesaid, without 

seal, 25 

Entering attorney on the roll, administering 
oath, and certifying the same, 1 

Making bill of costs for execution, and entering 

the same in the cost book, 37 1-2 

Copy of the same when requested by either 

party. 25 

Administering each oath, 1 2 1-2. 

CLERKS' FEES IN THE CIRCUIT COURTS. 

For each capias, summons, subpoena, and other 
process not herein specified, and sealing the 
same, 50 

Provided} that only one subpoena shall be char- 



PEES. 207 

ged for every four witnesses, unless actually 
maoY' out on request in writing, 
For tiling eacli paper in the progress of a suit, 
and appertaining to the same, excepting pa- 
pers on appeal from justices of the peace, 6 1-4 
Filing the papers on appeals from justices of 
the peace, taking appeal bond and issuing 
injunction thereon, 50 
Taking bond for costs, 25 
Filing and opening each deposition, 12 1-2 
Entering each suit on the docket for trial, 12 1-$ 
Entering each order or rule of court for contin- 
uance, default to plead, or any order actual- 
ly entered in the progress of a suit, and count- 
ing the whole as one entry, 25 
For each discontinuance, retraxit, or nonsuit, 25 
For each dedimus or commission to take depo- 
sitions, 50 
Bringing any particular record into court of a 
suit, matter or thing, not properly before the 
court, 25 
Calling and swearing each jury, 18 3-4 
Swearing each witness on the trial of a cause, 6 1-4 
Swearing any person to an affidavit, 12 1-2 
Receiving and entering the verdict of a jury, 12 1-2 
Entering each decree or final judgment in a 

cause, 25 

Issuing each writ of habeas corpus, certiorari, or 

procedendo, 50 

Assessing the damages on any bond, note or 
other instrument for the payment of money, 
by order of the court, and making a report 
thereof in writing, 25 

Entering special hail of record, in each case, 25 

Making a list of jurors, when requested, 12 1-2 

Swearing constable to take charge of a jury f> 1-4 

Issuing execution, 50 

Docketing the same, 12 1-2 

Entering sheriff 's return on each execution, 12 1-2 

Entering satisfaction of judgment, 25 

Entering the report of commissioners or refer- 
ees, or the award of arbitrators, and all other 
special entries, for every seventy-two words, 12 1-2 
For each official certificate and seal, other than 

the process of the court, 50 

Taking bond in cases of foreign or domestic 

attachment, 50 

Taking injunction bond in chancery, 60 



203 PEES. 

Taking bond in cases of appeal to the supreme 

court, 50 

Entering appearance of attorney but once in 

each suit, 12 1-2 

Entering plaintiff's or defendant's appearance, 

but once in each cause, 12 1-2 

For each attachment for a witness, or other per- 
son, 50 
For each venire facias, or a jury warrant, when 

actually issued, 37 1-2 

Making bill of costs for each execution, and en- 
tering the same of record, being one charge, 37 1-2 
Copv of same, when requested by either party, £5 
Making .complete record of proceedings, and 
judgment, when directed by the court, for 
every seventy-two words, 12 1-2 
Copy of bill, answer, declaration, pleadings, 
judgment or other proceedings, for every 
seventy-two words, 12 1-2 
Certifying and sealing the same when request- 
ed in writing, 50 
For each commission, scire facias or other spe- 
cial writ or process, and sealing the same, for 
every seventy-two words, 15 
Taking depositions when requested, for every 

seventy-two words, 12 1-2 

Taking acknowledgment of a sheriff's deed, 25 

Entering the acknowledgment of the sheriff 

to a deed when made in open court, 25 

Administering oath of naturalization, 25 

Making entry of naturalization of record, for 

every seventy-two words, 1 5 

Taking each recognizance and entering the same, 37 l-£ 
Arraigning a prisoner at the bar, 50 

Entering the pleadings in a criminal cause, 25 

Fur each copy of an indictment when request- 
ed, for every seventy-two words, 15 
Entering judgment of conviction, 25 
Entering discharge of recognizance, 12 12 
For a copy of the list of grand or petit jurors 

when requested in a criminal cause, 25 

For swearing jurors, witnesses and all other 
persons, the same fees shall be allowed as in civil 
cases: and in all criminal cases, where the de- 
fendant shall be acquitted, or otherwise legally 
discharged without payment of costs, the clerk 
shall receive such compensation, as the county 
commissioner- shall order, not exceeding thirty 
dollars per annum. 



fees, m 

CLERKS' FEES IN THE COUMTT COMMISSION- 
ERS' COURT. 

For each writ, summons, subpoena or other pro- 
cess, with seal, 

Filing each paper, 

E itering each order of court, 

A Iministcring each oa h, 

Each certificate and seal to any paper, other 
than to process, 

Official certificate without seal, 

For each license, and taking bond for a ferry, 
toll bridge or turnpike road, 

For each tavern license, and taking bond, 

For each marriage license, 

For each copy of rates for a ferry, toll bridge, 
turnpike road or tavern, 

Filing and recording marriage certificate, 

Making each bill of costs, and copy, 

For each writ of ad quod damnum^ 

For copies of all records and proceedings when 
made out on request, for every seventy-two 
words, 

Taking depositions when requested, for every 
seventy-two words, 

For taking proof in cases of estrays and grant- 
ing certificate of the same, 

For registering each certificate transmitted to 
him by a justice of the peace, in cases of es- 
trays, 

For advertisements in such cases including the 
copy for newspaper publication, 

For trying and sealing weights and measures 
by the county standard, 

P/'^i/'/er/, that no fees herein allowed shall be 
charged for services rendered the county: 
but the county commissioners 1 court shall, 
from time to time, allow their clerk such rea- 
sonable compensation per day.at each session, 
asthev mav judge proper, for his services. 

FEES OF THE ATTORNEY GENERAL AND GIR-' 
CUIT ATTORNEYS. 

For each conviction in a criminal cause, where 
the crime is infamous, and the offender sub- 
ject to corporal punishment, 10 1 
For each conviction, where the crime is not in- 
famous, and the defendant is subject io-iine 
or imprisonment only, 5 
97 






50 


6 1-4 


12 1-2 


6 1-4 


50 


25 
i 


i 

1 
1 


25 


12 1-2 


25 


50 


12 1-2 


12 1-2 


25 


12 1-2 


50 


12 1-2 



310 FEES. 

FEES OF THE SUCCESSFUL PARTY AT LAW. 

There shall be allowed to the successful (ar- 
ty in each civil action, in the circuit and su- 
preme court, the following docket fees, to-wit: 
In each suit in which the title to lands shall 

come in question, 5 

In each suit where the title to lands does not 

come in question, 2 50 

In each chancery suit, 5 

Which said fees shall be taxed in the bill of 
costs against the unsuccessful party, whether 
plaintiff or defendant: Provider/, that not more 
than one docket fee shall be taxed against the 
same person in any one cause in the same court. 

SHERIFFS' FEES. 
For serving a writ or summons on each defend- 
ant, 50 
Taking special bail, 25 
For serving a subpoena on each witness, 25 
For summoning jury (grand jury excepted,) 

each case, 50 

Advertising property for sale, 25 

Returning each writ or other process, 12 1-2 

Milage for each mile of necessary travel, to 
serve any such writ or process as aforesaid, 
calculating from the place of holding the 
court, to the place of residence of the de- 
fendant or witness, for going only, 
Calling the jury in each cause, 
F >r levying an execution, 
Returning the same, 

Serving and returning a scire facias to revive a 
judgment, to foreclose a mortgage or against 
baij, 
For committing each person to jail, 
Discharging each person out of jail, 
Dieting each prisoner per day, 
For attending before a judge with a prisoner 

on a writ of habeas corpus, 1 

For each mile of necessary travel in taking 

such prisoner before the judge as aforesaid, 6 1-4 

Serving a writ of possession, with the aid of 

the posse comitatus, 2 

Serving the same without such aid, 1 

Milage in either case, for each mile of neeesa- 
tj travel from the place of holding court 
to the place where such is served, for going 
only, G 1-4 



G M 


12 1-2 


50 


12 1-2 


€2 1-2 


37 1-2 


37 1-2 


37 1-2 



FEES. 2\l 

Executing a writ of ad qnort damnum* attending 
tiic inquest, and returning the writ with the 
verdict of the jury, 2 

For summoning a jury in a case of forcible en- 
try and detainer, and attending the; trial, 2 

For attending the circuit and county commis- 
sioner's courts, to be allowed and paid out of 
the county treasury, 1 

For summoning each appraiser to value prop- 
erty, 25 

For swearing each appraiser when summoned* 6 1-4 

For executing and acknowledging a deed, on 

sale of real estate, 1 50 

For making certificate of sale, previous to the 

execution of the deed, 25 

For taking a replevin, replevy or forthcoming 

bond, 50 

For taking each bail bond or recognizance in a 

criminal cause, when required by law, 50 

For executing a capias on a defendant in a crim- 
inal cause where the offence is infamous, I 

For executing a capias where the offence is not 

infamous, 50 

Milage for each mile of necessary travel from 
the place of holding court to the place of 
making the arrest, 6 1-4 

Serving a declaration in ejectment on each de- 
fendant and making affidavit of service, 62 1-2 

Milage for each mile of travel, from the place 
of holding court to the place of residence of 
such defendants, 6 1-4 

For convevinsj each prisoner from his own coun- 
ty to the jail of a foreign county, for each 
mile of travel, going only, 10 

For committing each prisoner to jail under the 
laws of the United States, to be paid by the 
Marshal or other person requiring his con- 
finement, 37 t-2 

Dieting such prisoner per day, 37 1-2 

Fur each month's use of the jail during the 
confinement of such prisoner, to be advanc- 
ed as aforesaid, and paid into the county 
treasury, 50 

For discharging such prisoner, 37 1-2 

In addition to the above fees, there shall be 

allowed, to the several sheriffs in this state, a 

commission of live per centum on the amount 

of all sales of real and personal estate, which- 



$12 FEES. 

shall he made by virue of any execution, is. 
sued in pursuance of law, where the mo; ey 
arising from such sales shall not exceed the 
sum of two hundred dollars: but in all case* 
where the amount of any such sale, shall ex- 
ceed that sum, a commission of two and a half 
per centum on the excess only shall be allowed: 
Provided, that in all cases, where the exec utioq 
shall be settled by the parties, replevied, stop* 
ped by injunction or paid, or where the properly 
levied upon, shall not be actually sold, only one 
half of the above commission shall be charged. 
And no other fees or compensation whatever 
shall be allowed on any execution, except the 
necessary expenses for keeping perishable 
property, to be ascertained and allowed by the 
court, out of which the same shall have issued. 
In all cases where any of the sheriffs in this 
state shall be required by law to execute any 
sentence of punishment, other than imprison* 
ment, for which no fee is allowed by this act^ 
it shall be the duty of the county commission- 
ers' court of the proper county to allow a rea- 
sonable compensation for the same, to be paid 
out of the county treasury. It shall be the duty 
of each sheriff entitled to milage under this 
act, to endorse on each writ, summons, subpoe- 
na or other process, that he may execute, the 
distance he may travel to execute the same, 
ascertaining the distance, and the charge pro- 
perly allowable therefor, in conformity with the 
foregoing regulations. In all criminal cases where 
the defendant shall be acquitted, or otherwise le- 
gally discharged, without payment of costs, the 
sheriff shall not be allowed any fees; but the 
commissioners' court shall annually allow the 
sheriff, such compensation for cx-officio servi- 
ces, not exceeding thirty dollars, as they shall 
think proper. 

CORONERS' FEES. 
For holding an inquest over a dead body, when 
required by law, 5 

For summoning the jury, 7fc 

For burial expenses, &c. 10 

All of which fees shall be certified by the 
coroner, and paid out of the county treasury 
when the same cannot be collected out of the 
estate of the deceased. And whenever the 



12 1-2 


25 


50 


25 


6 1-4 


25 


12 1-2 


25 


25 


25 


25, 



FEES. *tt 

coroner shall be required bylaw to perform any 
of the duties appertaining to the office of sheriff, 
he shall be entitled to the like fees and com- 
p" isation, as shall beat the time being, allowed 
by law to the sheriff for the peformance of 
similar services. 

JUSTICES' FEES IN CRIMINAL CASES. 
For taking each complaint in writing under 

oath, 2a 

For taking the examination of the accused and 
the testimony of witnesses, in cases of felony, 
and returning the same to the circuit court, for 
every seventy-two words, 
For each warrant, 

Taking recognizance and returning the same, 
For each subpoena, 
Administering each oath, 
For each jury warrant in a trial of assualt and 

battery, 
Fob entering the verdict of the jury, 
For each order or judgment thereon, 
For each mittimus, 
For each execution, 
For entering each appeal, 
For transcript of judgment and proceedings 

in cases of appeal, 50 

But iii all cases where the defendant shall be 
acquitted or otherwise legally discharged, 
without the payment of costs, the justice 
shall not be entitled to any fees. 

JUSTICES FEES IN CIVIL CASES. 
For every warrant, summons or subpoena, IS 3-4 

For each continuance, li 1-2 

Administering an oath, 6 1-4 

Issuing dedimus to take depositions, £5 

Taking each deposition when required for eve- 

ry seventy two words, 12 \- c Z 

Entering judgment, %5 

issuing execution, 25 

Entering security on docket, L5 

Scire facias to be served on security; 25 

Notification to each referee, 25 

Entering the award of referees, 37 \-% 

E itering appeal from justices judgment, 25 

For earn transcript of the judgment and pro- 
ceedings before the justice on appeal, 25 
Issui ig process of attachment, and taking bond 

and security, 75 






PH FEES. 

Entering judgment on the same, 25 

Docketing each suit, 121-2 

Taking the. acknowledgment or proof of a deed 

or other instrument of writing, 25 

For each preceptor) forcible entry and detain- 
er, 50 
O trial, per day, 2 
M-» king complete copy of proceedings thereon, 2 
For each jury warrant, 25 
For each marriage ceremony performed, 1 
For each certificate thereof, 25 
For administering the oath to the finder or ta- 
ker up in cases of estrays, &c. making an en- 
try thereof, with the report of the appraisers, 
and making and transmitting a certificate 
thereof to the clerk of the county commis- 
sioners 1 court, 50 
^ CONSTABLES' FEES IN CRIMINAL CASES. 
For serving a warrant on each person named 

therein, 2b 

Milage to be computed from the office of the 
justice who may have issued the same, to the 
place of service, for each mile, 6 \-4 

Serving each subpoena, 12 1-2 

Milage from the justices' office to the residence 

of the witness per mile, 6 1-4 

Taking each person to jail when committed, 25 

Milage from the justices* office to the jail per 

mile, 6 1-4 

For summoning jury in case-of assault and bat- 
tery, 50 
But in all cases where the defendant shall 
be acquitted, or otherwise discharged, without 
the payment of costs, the constable shall not be 
entitled to any fees. 

CONSTABLES' FEES IN CIVIL CASES. 
Serving and returning each warrant or sum- 

raons, 25 

Serving and returning each subpoena, 12 1-2 

Serving and returning execution, 50 

Advertising property for sale, 25 

Commission on sales, not exceeding ten dol- 
lars, ten per centum; and on all sales, exceed- 
j g that sum, six per centum. 
Attending trial before a justice in each jury 

cause, 25 

Serving jury warrant, hi each case, 60 



FEES. 3tf 

Each day's attendance on the circuit court, 
when required, to be paid out of the county 
treasury, 1 

Milage, when serving a warrant, summons or 
subpoena, from the justice's office to the resi- 
dence of the defendant or witness, per mile, 5 

For serving warrant on appraisers in cases of 

estrays, &c. 26 

WITNESSES' FEES. 

Every witness attending in his own county, on 

trial, pei' day, 59 

Attending in a foreign county, going and re- 
turning per day, accounting 20 miles for 

each day's travel, 1 

Every witness, when attending for the purpose 

of having his deposition taken, per day, 50 

Provided, that no allowance or charge shall be 

made for the attendance of witnesses, as afore- 
said, unless the witness shall make affidavit of 

the lumber of days he or she actually attend- 
ed; and that such attendance was at the in- 
stance of one, or both of the parties, or nis, tier, 

or their attorney. 

JURORS' FEES. 

To every juror sworn in each civil action in 

the circuit court, 25 

To each juror sworn in a civil case, before a 
justice of the peace, 25 

For attending an inquest over a dead body, 
when summoned by the coroner, to be paid 
out of the county treasury, 26 

ARBITRATORS' FEES. 

To each arbitrator, for every day he shall be 
necessarily employed in performing the du- 
ties of his appointment, where the award is 
to be made the judgment of the circuit 
court, £ 

For every arbitrator or referee, for each day he 
shall be necessarily employed in making up 
hie award in cases before justices of the 
peace, I 

RECORDERS' FEES. 

For recording all deeds, mortgages, and other 

instruments of writing, for every 100 words, 16 

For copies of the same, when requested, for eve- 
ry 100 words, 12 1-2 

For every search of record, 12 1-2 

Official certificate with seal, when requested, 37 i-2, 



216 Fees. 

For each certificate, without seal. 2i> 

FEES OF NOTARIES PUBLIC. 

For noting a bond, promissory note, or bill of 

exchange for protest, 25 

•For protesting and recording the same, 50 

For noiing without protest, 25 

For notice to endorsers, &c. each, 25 

For affixing the seal notarial, 25 

For each certificate, 25 

COUNTY SURVEYORS' FEES. 
Fr establishingeach quarter section of land, 2 50 

For establishing each half-quarter section of 

land, 2 

For each town lot over ten, and not exceeding 

forty in number, 37 1-2 

For each town lot over forty, and not exceeding 

one hundred, 25 

For each lot over and above one hundred, 18 3-* 

For laving off land, under a writ of ad quod 

damnum, 2 50 

A. id each surveyor shall be allowed the 
sum of two dollar- per day, in full compensation 
for 'ravelling expenses, when necessarily e: 
ged in the discharge of the duties of his office. 
FEES FOR GUARDING JAIL, 
To each man, for every twenty-four hours 
guarding jail when required, on producing 
the jailers, sheriff's, coroners or justice's of 
the peace certificate of the same, to be paid 
out of the county treasury, 1 

Officers to And to the end that all persons chargeable with the 

greoeut a ee f eeg a f oresa \^ due to the several above named officers, 
(except such as are to be paid by the respective counties,) 
may certainly know for what the same are charged, none 
of the fees herein before mentioned, shall be payable to 
any such officer, until a bill of the same shall have been 
presented to the person chargeable with the same, stating 
the particulars of the said bill, and signed by the officer 
to whom the same are payable; or until a fee bill shall 
have been issued by the clerk, as hereinafter provided. 
Sec. 7. If any or either of the aforesaid officers shall 
taking 'illegal charge, claim, demand, exact, or take any other or greater 
fees. fees than are hereinbefore set down and allowed for any 

of the services specified in this act; or shall charge, de- 
mand, or take any of the said fees when the services for 
which surh U x c* are charged, shall not have been actually 
performed, such offieersihdll pn\ to the party injured two 
dollars for every item so diar^edand exacted; to be sued 



FEES. 21? 

j&rand recovered in any court having cognizance of the 
san ■: Provided^ always, that if any person against whom Proviso 
any fee bill, wilhin this act, shall be charged, shall con- 
ceive himself or herself aggrieved by any such charges, 
that the same is overcharged, or contains charges for ser- 
vices not actually rendered by such officer, it shall be law- 
ful for such person, after paying the same, or having re- 
plevied the said fee bill, by giving bond with sufficient se- Feebill may 
curity, to pay the same at the next ensuing circuit court of be replevied 
h^ county, (and it shall he the duty of the sheriff, or other 
officer, to take such bond and allow said replevin,) to pre- 
aent the said fee bill to the circuit court of the county ^ * im P r * 
where the person so charged therewith shall reside; 
wnose duty it shall be to inspect the said fee bill; and if 
it appear, that any item or charge is contained in said 
fee bill not authorized by law, or for services not actually 
re dered, the said judge shall proceed to quash such fee To be quasb- 
bill and bond, if one be given, and if the money has been '.^ b > the 
collected thereon, he shall order the clerk to restore the Ju se 
3am ;, and shall impose a fine on such clerk, in favor of the 
party injured, of not less than one dollar, nor more than 
three dollars, for every item erroneously charged in said 
fee bill "by said clerk^ arid shall grant to the party injured, Party injured 
process of attachment, to recover back the amount of such to proceed to 
fee bill, when paid, and also the fine or fines so imposed; j^^gj 
but if it shall appear to the said judge, that such fee bill 
is correct, the party charged with the same, shall pay to 
such clerk, an interest on the amount of such bill at the 
rate qf ten per centum per annum, from the time of the 
delivery of such bill till the same be paid. 

Sec. 8. The clerks of the supreme and circuit courts , 
shall, at or after every term of their respective courts, relative to fee 
make and set down, in a book to be kept for that purpose, books 
a fee bill in each cause, in which costs shall have been 
adjudged, including the costs of sheriff's and other offi- 
cers of court, setting down the costs of the plaintiff and 
defendant, which book shall be a public record; and for 
the purpose of collecting such costs, it shall and may be 
lawful for such clerk, and it is hereby made his duty, 
when required by any officer of the court, interested in 
the same, to make out a copy or transcript of such bill of 
. and deliver the same to the sneriff of the county 
where the person or persons chargeable with the same, 
shall reside at have property; which fee bill, so issued, 
shall hive the force and effect of an execution, and be 
collected in the same manner: Provided, nothing hcivin 
contained shall be so construed, as to prevent the collec- 
tion of such costs by execution, qn final judgments* 
28 



21* 



FEES. 



Contents of a 
record of ihe 
Supreme 

Cocrt 



Sec. 9. If any sheriff or other officer, to whom any 
Sheriff's duty sucn f ee d ju sna j] nave b ee|J delivered, shall neglect to 

bins make return thereof, or to pay the amount of such fee 

bill, except his own fees, it shall and may be lawful, for 
any party interested in such fee bill, to obtain a rule of 
court against such sheriff or other officer, and proceed 
against him by attachment, and recover the same accord- 
ing to the rules and practice of the court where such costs 
may have accrued. 

Sec. 10. Whenever any clerk of any circuit court of 
this state, shall be required to certify the records of the 
proceedings below to the supreme court, such record 
shall onlv contain the declaration, writ or summons, plea, 
demurrer, rejoinder, or other pleadings in the suit, togeth- 
er with the judgment of the court below, given thereupon, 
unless such clerk shall be especially directed by*the court, 
or the counsel for either, party, to insert in the body of 
such record such other pleadings or papers, as the, court 
or parties may deem material to the matter in controversy; 
hud if any such clerk shall insert in such record, others 
than those aforesaid, or such as he may be especially in- 
structed to insert, he shall not be entitled to receive any 
fee for such paper or pleading as aforesaid. 

Sec. 11. Any person who has heretofore been, or who 
is at this time the sheriff of any county in this state, and 
in whose hands the clerks of their respective counties, 
have, agreeably to the statute of this state, in such cases 
made and provided, put their fees for collection, and 
■which fees, the sheriffs, as aforesaid, have nut collected, 
are herehy as fully authorized to go on and make such col- 
lections, as if they had done so in strict conformity with the 
law; together with all fees which may be due to them for 
services as sheriffs rendered: Provided, that the division of 
no county shall, in any instance, interfere with such col- 
lections. 

Sec. 12. The clerks of the circuit and county commis- 
sioners' courts, shall provide all the necessary books for 
their respective offices; and a safe press or presses, with 
locks and keys for the safe keeping of the archives of their 
respective offices; and the county commissioners' courts, 
shall make allowances for the same, and for articles of sta- 
tionary necessary for their respective courts, out of the 
county treasury, from time to time; and the clerk if the 
supreme court, shall al<o procure the necessary books, 
stationary, and presses for the safe deposite of the archives 
of his office, which shall be certified by the said court to 
the auditor of public accounts, who shall draw a warrant 
or warrants on the state treasury for the amount of the 
same. 



Where sher 
iffs bave not 
co!. ;ted fee 
hiY.s how to 
proceed 



Stationary find 
furniture for 
tlie supreme 
an-1 circuit 
courts 



FEES. 219 

Sec 13. It shall be the duty of the county commission- 
ers" court, in each county, as soon as the same shall be 
practicable, to cause a suitable room or rooms to be pro- 
vided, at the court house in their respective counties, for 
the otiicesof the clerks of the circuit courts, and county 
commissioners' courts; and when the same shall be so pro- 
vided, the clerks shall keep their offices at the place so 
provided. 

Sec. 14. In all cases on judgments, on which execution Cost bills to 
mayor shall hereafter issue, from any court of record, the g \ w i^ he 
clerk of the court from which the same shall issue, shall at 
the time of issuing thereof, make out under his signature, 
and deliver to the sheriff or coroner, as the case may be, 
with the execution, a detailed bill of the costs in the said 
suit, from its commencement to its termination, in order 
that the party paying the same, may certainly know, with 
and for what, he is chargeable; which said hill, the said 
officer to whose hands the execution may so come, shall 
deliver to the party against whom the execution may be; 
and upon his replevying or paying the same, together 
with his certificate thereon, that the same was so reple- 
vied or paid by the said person. 

Sec 15. Should any officer concerned in issuing or exe- p em \t y for 
cuting any execution, hereafter to be issued as aforesaid, omission 
fail in the duty enjoined on him, in the preceding section 
hereof, he shall forfeit and pay to the party injured, the 
sum of fifty dollars with costs, to be recovered in any court 
of record in this state, and no imparlance or delay shall be 
allowed therein. 

Sec. 16. The clerks of the several courts aforesaid, 
judges of probate, and justices of the peace respectively, ap e j r n t|ieir 
shall be required to <=et up in some conspicuous place in offices their 
each of their offices, and there continually keep, a fair and J^ 3 ^ "" 
complete table of their fees, allowed by this act; and if 
any such officer shall fail to compiv, with the provisions of 
this section, within three months afler this act shall take 
effect, or shall, at any time thereafter, for ten days togeth- 
er, not have such table continually kept up as aforesaid, 
he shall forfeit and pay for every such neglect, the sum of 
ten dollars, to be recovered before any justice of the 
peace of the proper county, to the use of any person or 
persons, who may inform and sue for the same. 

Sec 17. All laws and parts of laws, which may have - cl3re P ea 
heretofore required the clerks of the supreme and circuit 
courts to make up complete records, except in cases 
where the title to lands shall come in question, and in 
capital criminal cases; or where such clerks shall be di- 
rected by one of the parties concerned, to make the same. 



390 FERRIES'i TOLL BRIDGES, &c. 

shall be, and they are hereby, repealed; and if in any 
cause, where the clerk is not required by law, either par- 
ty shall require a complete record, the party so requiring 
it, shall pay the cost of the same. 

The clerks of the several circuit court? of this state, 
Old clerks at heretofore appointed by the late circuit judges, may in oil 
lecuheir fees ^ lu 'g s proceed to collect their fees by fee hill, in the man- 
ner provided in this act for other clerks; and may, for 
that purpose examine any fee book, or record, in any of 
said courts; and all other acts and parts of acts, com- 
ing within the purview of, or repugnant to this act, be, 
£cts repealed and the same are hereby repealed: Provided, that nothing 
in this act contained, shall be so construed as to prevent 
the recovery of salaries, fees and compensation, which 
are now due and payable, or which may become so be- 
fore this act takes effect, in the manner prescribed by the 
several acts hereby altered and* repealed: Provided* also, 
that the ait, entitled 4, An act corfcerning public officers, 
and the payment of money out of the state treasury, ap- 
proved January 25, 1826," be and the same is hereby re- 
pealed. The 1st, 2d, 3d, and 4th sections of this act, to 
take effect from and after its passage; the remainder there- 
4>f> on the first day of June next. 

[Approved, \dlh Feb. 1827.1 



FERRIES, TOLL BRIDGES, &c. 

l%W# Feb ' -AN ACT to provide for the establishment of Ferries, Toll 
Bridges and Turnpike Roads. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
County com- represented in thv General Assembly, That whenever it shall 
establish fe'r- Dc considered necessary to establish a ferry or toll bridge 
riesand toll across any lake, river, creek or other water course, within 
bridges t} le i imi( g or u . |on t , |e j )orc ] erP f this state, or to turnpike 

or causeway any public road or highway, it shall be the 
duty of the county commissioners' court of the proper 
county, on due application being made by any qualified 
person or persons, to establish arid confirm the same by a 
special order to be made for that purpose, under such re- 
gulations, restrictions, and forfeitures, as are hereinafter 
directed and pointed out: Prqvided, that no such appli- 
cation shall avail any such person or persons as aforesaid, 
uyless his, her or their intention in relation thereto, shall 
have been previously published in some public newspaper 
printed in this state, or advertised on the door of the c 



FERRIES, TOLL BRIDGES, &c, 221 

house, and in three other of the most public places in the 
county, in which such ferry, toll bridge, or turnpike road 
is proposed to he established, lor at least lour weeks suc- 
cessively, next preceding the fitting of the court at which 
the same shall be made: Ann provided Jurtlier, that the 
proprietor or proprietors of tne lands adjoining to, or em- 
bracing such water course as aforesaid, over which any 
such ferry or toll bridge snail be proposed to be established 
as aforesaid, or where any such turnpike road shall pass 
as aforesaid, shall at all limes have tne preference in es- 
tablishing or erecting the same, in all cases where appli- 
cation snail be made for that purpose, before such privi- 
lege shall have been granted to any other person or per- 
sons as aforesaid. 

Sec 2. When any ferry, toll bridge, or turnpike road, Whenesfab* 
shall be established as aforesaid, it shall be the duty of the l:sh<(! » ;1 '«- - 
court establishing the same, to direct their cbrk to issue censc t0i,sue 
to tne pr< prietor or proprietors thereof, a license, under 
the seal of such court, to keep the same according to law: 
Provided, that every such proprietor or proprietors, as 
aforesaid, to whom any such license may be directed to be 
issued, as aforesaid, shall before the issuing thereof, pay 
into the county treasury, or to such person or persons as 
shall be authorized to receive the same, the amount of the 
first year's tax, which may be assessed upon such ferry, 
toll bridge or turnpike road by said court, and specified in 
the order establishing the same, and enter into bond with 
one or more sufficient securities, to be approved by the 
court, in a sum not less than one hundred, nor more than 
five hundred dollars, payable to the county commissioners 
of the proper county, and their successors in office, for 
the use of such county, with a condition therein contain- 
ed, that he, she, or they will keep such ferry, toll bridge 
or turnpike road according to t law; and if default shall 
at any time be made, in the condition of said bond, dam- 
ages not exceeding the penally therein mentioned, may 
be sued for, and recovered in the name of the county 
commissioners for the use of the county, wherein suck 
ferry, toll bridge or turnpike road, shall have been estab- 
lished in any court having competent jurisdiction. 

Sec. 3. Each ferry keeper shall be furnished 'and pro- Butytfttig^ 
vided with a good tight boat, or boats, if more than one be oepert 
necessary, and other small craft of sufficient number, di- 
mensions, strength and steadiness, for the safe and speedy 
transportation of all passengers, their teams, horses, cattle 
and othor animals, as well as their ^oods, chattels and efc 
fects; and the said boat or boats Rnd off'- small craft, 
-hall at ail times be well furnished with suitable oars* set- 



£22 FERRIES, TOLL BRIDGES, &c. 

ting poles, rigging and other implements, necessary for the 
service thereof; and also with men of sufficient number, 
strength, discretion and skill, to manage the same; and 
such ferry keeper shall, at all times keep the places of em- 
harking and landing, in good repair, by cutting away the 
banks and erecting wharves and causeways when necessa- 
ry, so that passengers, their teams, horses, cattle and other 
property, may be embarked and landed without danger or 
unnecessary delay. 

Sec. 4. Every keeper of a toll bridge or turnpike road, 
Duty of toll sna ^ in like manner, be required to keep the same at all 
bridge and times, in good repair, so as to afford a safe and speedy 
turnpike keep p assa g e to all persons, their teams, horses, cattle, and oth- 
er animals, who may have occasion to use the same. 
Sec. 5. Every keeper of a ferry, toll bridge or turn- 
Further duty pike road as aforesaid, shall give constant and diligent at- 
tention to the same, from day light in the morning until 
dark in the evening of each day, and shall give passage to 
all public messengers and expresses; to all grand and pet- 
it jurors, when going to and returning from court, without 
any fee or reward whatever: Provided, that no messen- 
ger or express shall be'eonsidered as being sent on public ser- 
vice, within the meaning of this act, unless he shall have 
been dispatched by a commander in chief, major or briga- 
dier general, colonel, lieutenant-colonel, major or comman- 
dant of some military post or establishment, to the gover- 
nor or commander in chief of the militia of this state, or 
vice versa; and the dispatch carried by such messenger or 
express, be endorsed "on public service," and signed by 
the officer sending the same. 

And all such keepers of ferries, toll bridges and turn- 
pike roads, as aforesaid, shall also be obliged at any hour 
of the night, if required, except in cases of evident dan- 
Their liability g er ^ to gj ve p assa g e t a ij public messengers and expresses 
as aforesaid; and also, to all other persons requiring the 
same, on their paying or tendering double the rate of fer- 
riage or roll allowed to betaken during the day time. 
And if any su< h keeperof a ferry, toll bridge, or turnpike 
road, as aforesaid, shall at any time neglect or refuse to 
give passage to such person or persons, or their property 
as aforesaid, he or she so offending, shall forfeit and pay 
five dollars for every such offence, to the party aggrieved, 
before any justice of the peace of the county wherein 
such offence shall be committed, and shall also be liable to an 
action on the case for any special damage, which any such 
person may sustain in consequence of such neglect or refu- 
sal. But no ferryman shall be required to put off from 
shore, or to attempt to pass any such water coarse as 



FERRIES, TOLL BRIDGES, &c. 323 

aforesaid, when it manifestly appears to be hazardous so 

to th>, by reason of any Hood, storm, tempest or ice; nor 

shall any keeper of a ferry, toll bridge or turnpike road, as 

aloresaid, be compellable (except as is hereinbefore ex- 

, ' . r * . i- Not l. able uo* 

cepted) to give passage to any person or persons, or to his, les9 [)fx ^ m ^ 

her or their property as aforesaid, until the fare or toll, vance 
properly chargable by such keeper, shall have been fully 
paid or tendered, and every jury man, lo entitle him to the 
boneiit of this section, shall produce to the ferry keeper, 
&c.tne certificate of the sheriff of his county, that he has 
been duly summoned to serve on the grand or petit jury 
at the term of the court, to or from which he is going. 

Sbc. 6. The county commissioners' courts in their re- 
spective counties, are authorized and required to tix, eour , s t0 fi x 
from time to time, the rates, fare or toll, which each keep- the rates, &c. 
or of any ferry, toil bridge or turnpike road, shall hereaf- 
ter demand, tor the passage of all persons, wagons, carts, 
carriages, horses, cattle, sheep, hogs and other property, 
having due regard to the breadth and situation of the stream 
or water course, over which such ferry or bridge shall be 
established, the dangers and difficulties incident thereto, 
the length, breadth and quality oftheroad,and the publicity 
of the place at which the same shall have been established. 
And every such keeper of a ferry, toll bridge, or turnpike 
road, as aforesaid, who shall at any time demand and 
take more than the fare or toll, so stated *and allowed 
as aforesaid, shall forfeit and pay to the party ag- 
grieved, for every such offence, the sum of five dollars, 
over and above the amount which shall be thus illegally 
demanded and taken, to be recovered before any justice 
of tue peace, of the county wherein such offence shall be 
committed. 

Sec. 7. Each keeper of a ferry, toll bridge or turnpike 
road, which now is, or shall hereafter be established in Ferry kcep- 
this state, shall be required to set or post up in some con- J^in-Set ir 
spicuous place, immediately adjoining his or her ferry in some con- 
landing, toll bridge or turnpike gate, a painted, printed, s j* c c " ous 
or written list, of the several rates or fares, which shall 
be chargeable at such ferry, toll bridge, or turnpike gate, 
so that the same shall not exceed those which shall from 
time to time be allowed by law; which said list of fares 
or rates as aforesaid, shall at all times be painted, printed, 
or written, in a plain legible manner, and posted up so 
near the place or places where persons shall pass across 
such ferry, toll bridge, or turnpike road, as aforesaid, that _ j> 

the same shall be open and legible to all such passenger: 
And if at any time, any such keeper, as aforesaid, shall 
refuse or neglect to put up such list of rates or fares a? 
aforesaid, it shall not be lawful to charge any ferriage or 



sas 



FERRIFS, TOLL BRIDGES, &c. 



Liability for 

no O i :.,- 
tog 10 this act 



Ferry keep- 
era !o i»avt; 
thr exclusive 
privilege ot 
parrying 



Proviso 



Fenies on 
Ohio river, 
how regula- 
te 



JCo person 
peunittetl to 
run a ferry 
boat within 
three miles of 
an established 
ferry 



toll, or to lake any compensation whatever, at any such 
ferry, mil bridge, orturnpike gateduringsuchdelinquency. 

Seo. 8. All persons shall be received into such ferry 
boats, or Other vessels as aforesaid, and conveyed across 
the water course, over which the same shall be established, 
according to their arrival or first coming to the said ferry: 
And it any ferry keeper shall act contrary to this regula- 
tion, he shall forfeit and pay the sum of three dollars for 
every such offence to the party aggrieved, recoverable be- 
fore any justice of the peace of the county wherein such 
offence snail have been committed: Provided, that all pub- 
lic officers, and such as go on public or urgent occasions, 
as post riders, couriers, physicians, surgeons and mid- 
wives, shall in all eases be the first carried over, where all 
cannot go at the same time. 

Sec* 9. The owner or owners, keeper or keepers, at 
ali ferries and toil bridges, whica now are, or hereafter 
shall be established by law, and kept agreeably to this act. 
shall have the exclusive privilege of the transportation or 
passage of ali persons, their teams, horses, cattle and other 
property, over or across the same, and be entitled to all 
the fare by law arising therefrom: Provided, that nothing 
herein contained, shall be .construed to prevent any per* 
son or persons from crossing any stream or water course, 
over which any such ferry or toll bridge shall be establish- 
ed, as aforesaid, in his or her own boat or other craft, on 
his or her own business; and also to take in, and cross his 
neighbors, where the same is done without fee, and not 
with intention to injure any ferryman near. 

Snc. 10. All ferries heretofore established and confirm- 
ed, over the river Ohio, to the proprietor or proprietors of 
land on the western shore of said river by the county com- 
missioners' courts, of any of the counties bounded by, or 
situate upon said river, as well as all other ferries and toll 
bridges, which have at any time been established over 
any other of the lakes, livers, creeks, or other water cour- 
ses, within the limits or upon the borders of this state, and 
where the same have been kept it) operation, or repair, 
from time to time, according to law; and have not at any- 
time since their establishment, been discontinued or aban- 
doned, shall be, and they are herebv declared to be estab- 
lished ferries and toil bridges, within the meaning of this 
act. 

Sr:o. 1 1. If any person or persons, except those whose 
ferries or toll bridges, are established and confirmed by 
this act, or shall hereafter be established and licensed by- 
some countv commissioners 1 court u ider the provisions of 
this act, shall at any time run any boat or boats, or other 



Ferries, toll bridges, &c. z&? 

c;rarr, for the purpose of conveying passengers, or their 
property across any such water course, as aforesaid, within 
three miles of any ferry or toll bridge, which now is, or here* 
after shall be established as aforesaid, except as is hereinbe- 
fore allowed, he, she, or they so offending shall forfeit 
every such boat or boats, or other craft to the owner or 
proprietor of the ferry or toll bridge, within three miles of 
which, the same shall be run as aforesaid ; and the owner 
or proprietor of such ferry or toll bridge, may, at any 
time after such forfeiture shall have accrued, enter upon, 
and take possession of such boat or boats, or other craft, 
to his or her own use; and such offender shall, moreover, 
pay to the proprietor of such ferry or toll bridge, as afore- 
said, who may be aggrieved as aforesaid, the sum of fifteen 
dollars for each person, who may be thus unlawfully car- 
ried or conveyed across any such water course as afore- 
said, to be recovered by motion before any justice of the 
peace of the proper county, upon giving to such offender 
five days notice of the time and place of making such mo- 
tion; which notice may be served on such person or per- 
sons, either in or out of the state, by delivering or tender- 
ing a copy thereof. 

Sec. 12. For the encouragement of ferry keepers, and Ferry and toll 
the keepers of the gates of toll bridges and turnpike gate keepers 
roads, and in consideration of their giving a free passage £ *; xera P^d 

4 n- j i.u i j l a l' i 11 ivom militia 

to public messengers, and others, exempted by this act, all duty, working 
men necessarily attending on ferries, toll bridges, or turn- on roads and 
pike gates, in this state, shall be free from military duty, ^ e r 3 v,ns ° njtf ~ 
opening and repairing highways, so far as personal service 
is required, and from serving on juries. 

Sec. 13. If any ferry or ferries, which now are, or 
hereafter may be established as aforesaid, shall not be fur- Fe ™es to be 
nished with a sufficient boat or boats, or other craft, with vkhboaii 6 
the necessary oars, setting poles, rigging, and other imple- 
ments for the service thereof; and also with a sufficient 
number of able bodied and skilful ferrymen, as is provi- 
ded in the third section of this act, within three months from 
the establishment thereof, or if any toll bridge, or turn- 
pike road, which now is, or hereafter shall be established 
as aforesaid, shall not be erected and completed agreea* 
hly to the terms and conditions, imposed by the county 
commissioners' court, within twelve months after the es- 
tablishment thereof, or of any such ferry, toll bridge, or 
turnpike road, shall not at any time hereafter, he kept in 
good condition and repair, agreeably to the provisions of 
this act, or if the same shall at any time be abandoned, 
disused, or unfrequented for the space of six months, it 
•shall and may be lawful for Che county commissioners' 
2'9 



220 FERRIES TOLL BRIDGES, &c. 

court, of the proper county, on complaint being made, to 
License for SU mmon the proprietor or proprietors of such ferry, tol i 

fernes revo- ,. , , ,* . . K i T , i xi 

kabie bridge or turnpike road, to shew cause why the same 

should not be discontinued, and their license revoked; 
and decide thereon according to the testimony adduced, 
and as shall be agreeable to equity and justice; which de- 
cision, when made, shall be valid in law to all intents and 
purposes, but subject to appeal to the circuit court, as in 
other cases. 

Sec. 14. All ferries, toll bridges and turnpike roads, 
which now are, or hereafter may be established as afore- 
said, shall be subject to an annual tax of not less than two, 
nor more than one hundred dollars, in the discretion of 
the county commissioners' court of the county, in which 
the same shall be located ; which tax, when assessed, shall 
be collected and paid over as other taxes are, and shal! 
constitute a part of the county revenue. 

Sec 15. If the county in which any toll bridge or 

Counties tnay turnpike road shall be established and erected as afore- 

bridgL^and sa '^ shall, at any time, pay, or cause to be paid to the 

turnpike proprietor or proprietors thereof, the original cost of such 

road3 toll bridge or turnpike road as aforesaid, with ten per 

cent, interest thereon, then the said bridge or road shal! 

cease to be private property, and shall become a public 

bridge or highway. 

Sec. 16. No person shall establish, keep, or use any 
Persons not ferry, toll bridge, or turnpike road as aforesaid, for the 
allowed to conveyance or passage of persons and their property as 
&c P wUhouTa aforesaid, for profit or hire, unless he or she shall be li- 
iicense censed as directed by this act, under the penalty of five 

dollars for each offence, recoverable before any justice of 
the peace of the county wherein such offence shall be 
committed; the one half thereof, shall go to the person su- 
ing for the same, and the other half to the county; and if 
any person or persons, not licensed as aforesaid, shall, at 
any time, pass any person or persons, or their property, as 
aforesaid, except as provided in the ninth section, over any 
lake, river, creek, or other water course, where any ferry 
or toll bridge shall at the time be established and kept as 
aforesaid, or within three miles thereof, either with or with- 
out compensation, with intent to injure the keeper or pro- 
prietor of such ferry or toll bridge, he, she or they, shall 
incur the same forfeitures, and may be proceeded against 
in the same manner as is provided in the eleventh section: 
1* viso Provided, that it shall not be considered illegal for any per- 

son or persons to pass any person or his property without 
compensation, in cases where it shall be made to appear 
that such established ferry or toll bridge was not, at the 
lime, in actual operation, or in sufficient repair to have 



f 

FERRIES, &c. 221 

afforded to such person or his property, a safe and speedy 
passage. 

Sec. 17. That the act, entitled "An act to establish 
and regulate ferries," approved February 20th, 1819; Actsrepealtf 
the act, entitled "An act to amend an act, entitled an act 
to establish and regulate ferries," approved February 20th, 
1819, approved February 9th, 1821; the act, entitled 
"An to amend an act, entitled an act to establish 
and regulate ferries," approved January 10th, 1825; 
the act, entitled "An act authorizing the county com- 
missioners to grant licenses for the erection of toll 
bridges and turnpike roads," approved March 27th, 
1819; and all other acts, and parts of acts, coming within 
the purview of, or repugnant to this act, be, and the same 
are hereby repealed: Provided, always, that nothing in this 
act contained, shall be construed to interfere with, in- 
fringe, restrict or impair any of the rights or privileges, 
which have been heretofore granted and confirmed to any 
person or persons, by virtue of any former law of this 
state. This act to take effect from and after its passage. 

[Approved, Feb. 12, 1827.] 



FERRIES, &c. 

AM ACT supplemental to an act, entitled "An act to establish Q^l^ 1 
and regulate Ferries, approved February 20th, 1819." 

Sec 1. Be it enacted by the People of the State of Illinois Ferries over 
represented in the General Assembly, That the ferries here- the Ohio riv- 
tofore established and confirmed over the river Ohio, to er e8U l! 
the owner or owners of land on the western shore of said 
river, by the county commissioners' court of any of the 
counties bounded by, or situate upon said river, are 
hereby declared to be established ferries, any thing in the 
act to which this is a supplement, approved February 20, 
1819, notwithstanding. 

Sec. 2. The county commissioners' court of the seve- 
ral counties, which now are, or hereafter may be, situated Com'rscourii 
on the river Ohio, shall have full.power and authority to ft™^ * 
grant and confirm to the proprietors of land on the west- have certain 
em shore of said river, the right to ferry over said river: extra^powerj 
Provided, that no ferry shall be granted over said river, J. es hereon 
within three miles of any established ferry. 

Sec. 3. If any person or persons except those whose Noper«on«t- 
ferrics are confirmed and established by this act, or shall ^^Jj, ^ 
hereafter be granted and confirmed by some county com- sent owners 



228 FORCIBLE ENTRY AND DETAINER, 

missioners' court, under the provisions of this act, shaft 
run any boat or boats, for the purpose of conveying pas- 
sengers across said river Ohio, within three miles of any 
ferry established and confirmed by this act, or which may 
be granted and confirmed by any county commissioners' 
court, under the provisions of this act, he, she, or they 
shall forfeit every such boat or boats, to the owner of the 
ferry, within three miles of which such boat or boats shall 
be run as aforesaid; and the owner of such ferry may en- 
ter upon, and take possession of said boat or boats lor his 
own use; and such offenders shall moreover pay to the 
owner of such ferry, within three miles of which said 
boat or boats shall be run, the sum of fifteen dollars, for 
every person carried or conveyed over said river in such 
boat or boats, to be recovered before any justice of the 
peace, in the proper county, by motion, upon giving suck 
offender or offenders five days notice of the time and place 
of making such motion; which notice may be served on 
such person or persons, at any place, either in or out of 
the state, by delivering or tendering a copy thereof. 
Sec. 4. And it shall and may be lawful for the proprie 
CwnrVs^court t or or proprietors of ferries, established, or which maybe es- 
of ferriage* 16 tablished, by authority of this act, their heirs and assigns, to 
demand and receive from passengers, and other persons, 
such rates of toll as shall from time to time be established 
by the county commissioners' court of the respective 
counties, in which such ferries may be situate. 

Sec. 5. The ferries which are, or may be established 
Ferries here- by authority of this act, shall be subject to the same taxes 

after establish J J l r* i • j ±t r 

oc j as now are, or may hereafter be imposed on other ferries 

in this state, and under the same regulations and forfeit- 
ures. This act to take effect from and after its passage. 

[Approved, Feb. 12, 1827.J 



FORCIBLE ENTRY AND DETAINER. 

Ir \s5r° , * iae ^ n "^ Ci concernin S forcible Entry and Detainer. 

Sec. 1 . Be it enacted by the People of the State of Illinois, 

What deem- represented in the General Assembly, That if any person 

cd forcible en s h a u ma fcc any entry into any lands, tenements," or other 
try and de- . . . . J , ' 

tamer possessions, except in cases where entry is given by law, 

or shall mnke any such entry by force; or if any person 
shall wilfully, and without force, hold over any lands, tene- 
ments, or other possessions, after the determination of the 
Time, for which such lands, tenements, or possessions were 



FORCIBLE ENTRY AND DETAINER. 229 

let to him, or to the person under whom he claims, after de- 
mand made in writing for possession thereof, by the per- 
son entitled to such possession, such person shall be ad- 
judged guilty of a forcible entry and detainer, or of forci- 
ble detainer, as the case may be, within the intent and 
meaning of this act. 

Sec 2. Any two justices of the peace, of any county 
in this state, shall have jurisdiction of any case arising un- ^X^peac? 
der this act, and, on complaint, upon oath, of the party totmejuris- 
grieved, shall issue their summons, directed to the sher- diction ot all 
iff, (or coroner, if the sheriff be interested,) of their Staaetl 
county, commanding him to summon the person against 
whom the complaint is made, to appear before such justices 
at a time and place to be stated in such summons, not 
more than twelve, nor less than six days from the time of 
issuing such summons, and which shall be served at least 
five days before the return day thereof, by reading the 
same to the defendant, or leaving a copy at his place of 
abode; and the said justices shall, also, at the same time, 
issue a precept to the sheriff or coroner, commanding him 
to summon a jury of twelve good and lawful men of the cee J t o sum- 
county, to appear before them, at the return of such sum- monajury 
mons, to hear and try the said complaint. And if any part 
of the jurors shall fail to attend, or be challenged, the said 
justices may order the sheriff or coroner to complete the 
number, by summoning and returning others forthwith. 

Sec. 3. The sheriff or coroner shall return to the said riff , s . • 
justices the summons and precept aforesaid, on the day as- 
signed for trial, and shall state on the back of said sum- 
mons, how the same was served, and on the back of said 
precept, a list of the names of the jurors. And if the de- 
fendant does not appear, the justices shall proceed to try 
the said cause, cxparte, or may, in their discretion, postpone if defendant 
the trial for a time not exceeding ten days; and the said J^rjustuStD 
justices shall also issue subpoenas for witnesses, and proceed proceed ex- 
in the trial of said cause, as in other cases of trial by ju- P arle 

Sec. 4. No indictment or inquisition shall be necessary - .. ^ 
in any case arising under this act, but the justices shall set keep a reconi 
down in writing the complaint, under oath, particularly de- ot the procce- 
scribing the lands, tenements or possessions in question, 8 
and shall keep a record of the proceedings had before 
them; and if the jury shall find the defendant guilty, they 
shall give judgment thereon, for the plaintiff to have res- 
titution of the premises, and his cost*, and shall award 
their writ of restitution; and if a verdict be given for the 
defendant, judgment shall be given against the plaintiff for 
costs. and execution issued therefor. 



2Su 



FRAUDS AND PERJURIES. 



Appeals al- 
lowed, if ta- 
ken within 
five davs 



No writs of 
restitution or 
execution to 
bfi issued 



Acts repeal- 
ed 



Sec. 3. If either party shall feel aggrieved by the ver- 
dict of the jury, or the decision of the justices, on any tria- 
had under this act, he or she may have an appeal to the 
circuit court, to be obtained in the same manner and tried 
in the same way as appeals from justices of the 
peace in other cases; and if the appeal be taken with- 
in five days after the trial had before the justices, no 
writ of restitution or execution shall be issued by 
them; and the circuit court, on giving judgment 
for the plaintiff, shall award a writ of restitution and exe- 
cution for costs, including the costs before the justices; 
and if judgment be for the defendant, he shall recover 
costs, in like manner, and have execution for the same. 

Sec. C. This act repeals "An act against forcible entry 
and detainer, approved February 24, 1819, but rights ac 
quired under that act are not hereby affected. This act 
shall take effect on the first day of June next. 

[Approved, Feb. 2, 1827.] 



In forcre Feb. 
16, 1827 



FRAUDS AND PERJURIES. 

AN ACT for the prevention of Frauds and Perjuries* 



Sec. 1. Be it enacted by the People oftlie State of Illinois, 
Whataeree- re P resente d &» ^ General Assembly, That no action shall be 
mems voir) if brought, whereby to charge any executor or administra- 
oot m writing tor, upon any special promise, to answer any debt or dam- 
ages out of his own estate, or whereby to charge the de- 
fendant upon any special promise to answer for the debt, 
default or miscarriage of another person ; or to charge any 
person upon any agreement made upon consideration of 
marriage, or upon any contract for the sale of lands, tene- 
ments or hereditaments, or any interest in, or concerning 
them, for a longer term than one year, or upon any agree- 
ment that is not to be performed within the space of one 
year from the making thereof, unless the promise or agree- 
ment upon which such action shall be brought, or some 
memorandum or note thereof, shall be in writing, and 
signed by the party to be charged therewith, or some oth- 
er person thereunto, by him lawfully authorized. 
Contracts, &c Sec. 2. Every gift, grant or conveyance of lands, tene- 
ments, hereditaments, goods or chattels, or of any rent, 
common or profit of the same, by writing or otherwise ; and 
every bond, suit, judgment or execution, had and made, or 
contrived of malice,fraud.covin, collusion, or guile, to the .bi* 



FRAUDS AND PERJURIES. 231 

tent or purpose to delay, hinder or defraud creditors of their 
just and lawful actions, suits, debts, accounts, damages, pen- 
alties or forfeitures, or to defraud ordeceive those who shall 
purchase the same, lands, tenements or hereditaments, or 
any rent, profit or commodity out of them, shall be from 
thenceforth deemed and taken, only as against the person 
or persons, his, her or their heirs, successors, executors, ad- 
ministrators or assigns, and every of them, whose debts, 
suits, demands, estates and interests by such guileful and 
covinous devices and practices as aforesaid, shall or might 
be in any wise disturbed, hindered, delayed, or defrauded, 
to be clearly and utterly void ; any prentence, color, feign- 
ed consideration, expressing of use, or any other matter or 
thing to the contrary notwithstanding; and moreover, if a conveyance 
conveyance be of goods and chattels, and be not on con- of goods, chat 
^deration deemed valuable in law, it shall be taken to be ll8S » &c « 
fraudulent within this act, unless the same be by will, duly 
proved and recorded, or by deed in writing acknowledged, 
or proved, if the same deed includes lands also, in such 
manner as conveyances of land are by law directed to be 
acknowledged or proved; or if it be goods and chatties 
only, then acknowledged or proved by two witnesses, be- 
fore any court of record in the county wherein one of the 
parties lives, within eight months after the execution 
thereof, or unless possession shall really and bona Jide re- 
main with the donee. And in like manner where any When posses 
loan of goods and chatties shall be pretended to have ?!?? d ,?ff* 

o -iii i . evidence ot 

been made to any person, with whom or those claiming fraud 
under him, possession shall have remained for the space of 
i\ve years, without demand made and pursued by due pro- 
cess at law, on the part of the pretended lender, or where 
any reservation or limitation shall be pretenced to have 
been made of an use, or property by way of condition, re- 
servation, remainder or otherwise, in goods or chatties, 
the possession whereof shall have remained in another as 
aforesaid, the same shall be taken as to creditors and pur- 
chasers of the person aforesaid, so remaining in possession, 
to be fraudulent within this act,and that the absolute pro 
pertyis with the possession, unless such loan, reservation 
or limitation of use or property, were declared by will or 
deed in writing, proved and recorded as aforesaid. Towhatthis 

Sec 3. This act shall not extend to any estate or inter- & c » fiends 
est in any lands, goods or chatties, or any rents, common 
or profit, out of the same, which shall be upon good con- 
sideration, and bona fide lawfully conveyed, or assured to 
any person or persons, bodies politic or corporate. 

Sec. 4. All declarations or creations of trusts or con- J^JToi? 
tidences of any lands, tenements or hereditaments, shall proved 



232 



FUGITIVES FROM JUSTICE. 



be manifested and proved, by some writing signed by the 
party, who is by law enabled to declare such trust, or by 
by his last will in writing; or else they shall be utterly 
void and of none effect: Provided, that resulting trusts, or 
trusts created by construction, implication or operation oi 
law, need not be in writing, and the same may be prov 
ed by parol. 

[Approved, Feb. 16, 1827.J 



In force June 
1, 1827 



Fugitives 
from other 
states how ap 
prehended 



Fugitives 
from this 
to otlier suites 
how to pro- 
ceed 



Expenses, 
how paid 



Person 
charged with 
commission 
of uffeneps 
how to lie ap- 
prehended 



FUGITIVES FROM JUSTICE. 

AN ACT concerning Fugitives from Justice . 

Sec. 1. Be it enacted by the People of the State of Illinois 
represented in the General Assembly, That whenever the 
executive of any other state, or of any territory of the 
United States, shall demand of the executive of this state 
any person as a fugitive from justice, and shall have com- 
plied with the requisitions of the act of congress in that 
case made and provided, it shall be the duty of the execu- 
tive of this state to issue his warrant under the seal of the 
state, to apprehend the said fugitive, directed to any sher- 
iff, coroner, or constable of any county of this state, or 
other person whom the said executive may think fit to en- 
trust with the execution of said process: any of the said 
persons may execute such warrant any where within 
the limits of this state, and convey such fugitive to any 
place within this state, which the executive in his said war- 
rant shall direct. 

Sec. 2. Whenever the executive of this state shall demand 
a fugitive from justice from the executive of anv other 
state, he shall issue his warrant, under the seal of the 
state, to some messenger, commanding him to receive the 
said fugitive, and convey him to the sheriff, of the proper 
county where the offence was committed. 

Sec. 3. The expenses which may accrue under the two 
foregoing sections being first ascertained to the satisfac- 
tion of the executive, shall on his certificate be allowed 
and paid out of the state treasury, on the warrant of the 
auditor. 

Sec 4. Whenever any person Within this state shall be 
charged upon the oath or affirmation of any credible wit- 
ness, before any judge or justice of the peace, with the 
commission of any murder, rape, robbery, burglary, arson, 
larceny, forgery, or counterfeiting, in any other state or 
territory of the United States; and that the said person 



FUGITIVES FROM JUSTICE. s*| 

fehth fled from jutice, it shall he lawful for the said judge 
or justice to issue his warrant for the apprehension of said 
person. If upon examination it shall appear to the satis- 
faction of such judge or justice, that the said person is 
guilty of the offence alleged against him, it shall be the 
duty of the said judge or justice to commit him to the 
jail of the county; or if the offence is bailable, according 
to the laws of this state, to take bail for his appearance at 
the next circuit court to be holden in that county. It 
shall be the duty of the said judge or justice to reduce 
the examination of the prisoner and those who brine him, Com . mitt *ng 

. r . ? . ' magistrate, to 

to writing, and to return the same to the ne:it circuit court reduce the 
of the county where such examination is had, as in other examination of 
cases, and shall also send a copy of the examination and Ji n ^° nei t0W 
proceedings to the executive of this state, so soon there- 
after as may be. If in the opinion of the executive of this 
state, the examination so furnished, contains sufficient 
evidence to warrant the finding of an indictment against 
such petson, he shall forthwith notify the executive of the 
state or territory, where the crime is alledged to have been 
committed, of the proceedings which have been had 
against such person, and that he will deliver such person 
on demand, without requiring a copy of an indictment to 
accompany such demand; when such demand shall he made, 
the executive of this state shall forthwith issue his war- 
rant under the seal of the state to the sheriff of the coun- 
ty where the said person is committed or bailed, comman- 
ding him to surrender him to such messenger as shall be 
therein named, to be conveyed out of this state. If the 
said person shall be out on bail, it shall be lawful for the 
sheriff to arrest him forthwith, any where within the 
state, and to surrender him agreeably to said warrant. 

Sec. 5. Incases where the party shall have been ad- The party ap 
mi tied to bail, and shall appear at the circuit court accor- courl £nd n0 
ding to the condition of his recognizance, and no demand demand may 
shall have been made of him, it shall be in the power of e disc iarge ' 
of the said court to discharge the said recognizance or 
continue it according to the circumstances of the case; 
such as the distance of the place where the offender is al- 
ledged to have been committed, the time that hath inter- 
vened snee the arrest of the party, the strength of the 
evidence against him. In no case shall such person be 
held in prison or to bail, longer than till the end of the 
second term of the circuit court after his caption. If no 
demand be made upon the sheriff for him within that time, 
lie shall be discharged from prison or exonerated from his 
recognizance, as the caw mav be. 
SO 



m FUGITIVES FROM JUSTICE. 

Sec. 6. If the recognizance shall he forfeited, it shall 
enure to the benefit of the state. 

Sec. 7. In all cases where complaint shall be made as 
Persons com- aforesaid against any fugitive from justice, it shall be the 
fugiUve g sSg"ve dllt y of the J ud S e or $*$& to take good and sufficient 
bond for cost* security for the payment of all costs which may accrue 
from the arrest and detention of such fugitive ; which se- 
curity shall be by bond, to the clerk of the circuit courts 
conditioned for the payment of costs as above ; which bond, 
together with a statement of the costs, which may have 
accrued on the examination, shall be returned to the office 
of the clerk of the circuit court; and upon the determi- 
nation of the proceedings against such fugitive within 
that county, the clerk shall issue a fee bill as in other ca- 
ses, to be served on the parties named iw the bond, or any 
one of them; which fee bill shall be served and returned 
by the sheriff, for which he shall be allowed the same fees 
as are given him for serving notices. If the fees be not paid 
on or before the first day of the next circuit court to be hoi- 
den in and for that county, nor any cause then shewn why 
they should not be paid, the clerk may issue an execution 
for the same against those parties on whom the fee hill has 
been served; and when the said fees are collected, shall 
pay over the same to the persons respectively entitled 
thereto. The clerk shall be entitled to fifty cents for his 
trouble in each case, besides the usual taxed fees which 
are allowed in other cases for like services: Nothing 
herein contained shall prevent the clerk from instituting 
suits on said bonds in the ordinary mode of judicial pro- 
ceedinings, if he shall deem it proper. 

Sec 8. If any person charged with, or convicted of 
treason, murder, rape, robbery, burglary, arson, larceny, 
GoTeraor may forgery or counterfeiting, shall break prison, escape, or Hee 
-when pison- ^ rom justice, or abscond and secrete himself; in such cases 
eps est tp«voi- it shall be lawful for the governor, if he shall judge it nc- 
*7v. » when ce ssary, to offer any reward not exceeding two hundred 
charged with dollars, for apprehending and deliverug such person into 
certain offerees the custody of such sheriff or other officer, as he may di- 
rect. The person or persons so apprehending and deliver- 
ing any such person as aforesaid, and producing to the 
governor, the sheriff or justices' receipt for the body, it 
shall be lawful for the governor to certify the amount of 
such claim to the auditor, who shall issue his warrant on 
the treasury for the same. 

All laws coming within the perview of this act arc here- 
by repealed. This act to take effect on the first day of 
June next. 

[Approved. Jan. 6, 1827.) 



GAMING. 233 

AN ACT to restrain Gaming. In force Janua- 

to ry 16. 18*7. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That all promises, Ml contracts 
notes, bills, bonds, covenants, contracts, agreements, judg- "onsid^rat'.oa 
merit?, mortgages, or other securities or conveyances declared void. 
made, given, granted, drawn, or entered into, or executed, 
by any person or persons whatsoever, where the whole, or 
any part of the consideration thereof, shall he for any mo- 
ney, property, or other valuable tning, won by gaming, or 
playing at cards, dice, or any other game or games, or by- 
betting on the side or hands of any person gaming, or for 
the reimbursing or paying any money or property, know- 
ingly lent or advanced, at the time and place of such play, 
to any person or persons so gaming or betting; or that 
shall, during such play, so play or bet, shall be void and of 
no elFect. 

Sec. 2. Any person who shall, at any time or sitting, by 
playing at cards, dice, or any other game or games, or by 
betting on the side or hands of such as do game, lose to any Persons lish% 
one or more persons, so playing or betting, any sum PrJ^k money' 
sums of money, or other valuable thing, amounting in the paid if it a- 
whole to the sum of ten dollars, and shall pay or deliver mount3 «>$10 
the same, or any part thereof, the person or persons so lo- 
sing and paying or delivering the same, shall be at liberty 
to sue for and recover the money, goods, or other val- 
uable thing, so lost and paid or delivered, or any part there- fi . .. ^ 
of, or the full value of the same, by action of debt, detinue, rv ' action* 
assumpsit or trover, from the respective winner or win- 
ners thereof, with costs, in any court of competent juris- 
diction; in which action it shall be sufficient for the plain- 
tiff to declare generally, as in actions of debt or assump- 
sit for money had and received by the defendant to the 
plaintiff's use; or as in actions of detinue or trover upon a 
supposed finding, and the detaining or converting the pro- 
perty of the plaintiff to the use of the defendant, whereby 
an action hath accrued to the plaintiff, according to the 
form of this act, without setting forth the special matter. 
In case the person or persons who shall lose such money 
or other thing, as aforesaid, shall not, within six months, 
really and bona fide, and without covin or collusion, sue, 
:\\\<\ with effect prosecute, for such money, or other thing, The loser must 
by him lost and paid or delivered, as aforesaid, it shall be months "J. E * y 
lawful for any other person to sue for, and recover, treble other person af 
the value of the money, goods chattel?, and other things, ^^^^J 
with coits of suit, by special action on the case, against ytixa 
such winner or winners aforesaid; one half to the use ot 
the countv. and the other to the person suing. 



236 



HABEAS CORPUS. 



All contracts, 
judgments, &c 
upon gaming 
contracts may 
be set aside in 
ecpiity 



Assignments 
will not affect 
the defence in 
such cases 



The parties en 
titled to a dis- 
covery 



Acts repealed 



Sec. 3. All judgments, mortgages, assurances, bond?, 
notes, bills, specialties, promises, covenants, agreements, 
and other acts, deeds, securities, or conveyances, given, 
granted, drawn or executed contrary to the provisions of 
this act, may be set aside and vacated by any court of equi- 
ty, upon bill filed for that purpose, by the person so grant- 
ing, giving, entering into, or executing the same, or by 
his executors or administrators; or by any creditor, heir, 
devisee, purchaser, or other person interested therein; or 
it' a judgment, the same may be set aside, on motion of 
any person aforesaid, on due notice thereof given. 

Sec 4. No assignment of any bill, note, bond, cove- 
nant, agreement,judgment, mortgage or other security or 
conveyance as aforesaid, shall in any manner affect the de- 
fence of the person giving, granting, drawing, entering into 
or executing the same, or the remedies of any person inte- 
rested thereie. 

Sec. 5. In all actions or other proceedings commenced 
or prosecuted under the provisions of this act, the parties 
shall be entitled to discovery as in other actions, and all 
persons shall be obliged and compelled to answer, upon 
oath, such bill or bills as shall be preferred against them 
for discoveringj the sum or sums of money, or other thing 
so won as aforesaid. Upon the discovery and repayment 
of the money, pr other thing so to be discovered and re- 
paid, the person or persons who shall discover and repay 
the same, as aforesaid, shall be acquitted, indemnified and 
discharged from any other or further punishment, forfeit- 
ure or penalty, which he or they might have incurred, 
by the playingjfor, or winning such money or other thing, 
so discovered or repaid as aforesaid. All acts and parts 
of acts coming within the provisions of this act, are hereby 
repealed. 

[Approved, Jan. 16, 1327.] 



HABEAS CORPUS. 



In force 
1827 



1 AN ACT regulating the proceeding 

Corpus. 



on writs of Habeas 



Sec. 1. Be it enacted by the People of the Slate of Illinois 

r°presented in the General Assembly, That if any person shall 

Application De? or stand committed, or detained for any criminal or 

wis, howamT" supposed criminal matter, it shall and may be lawful, foi 

► -Hi-hem made him to apply to the supreme or circuit courts in term time, 

or any judge thereof, in vacation, for a writ of habeas cor 



HABEAS CORPUS. 23* 

pits, which application shall be in writing, and signed by 
the prisoner, or some person on his or her behalf, setting 
forth the facts concerning his imprisonment, and in whose 
custody he is detained; and shall be accompanied by a Proceeding* 
copy ol the warrant or warrants of commitment, or an af- thereon 
iidavit that the said cqpy had been demanded of the per- 
son in whose custody the prisoner is detained, and by him 
refused or neglected to be given; the said court or judge, 
to whom the said application shall be made, shall forth- 
with^ award the said writ of habeas corpus, unless it shall 
appear from the petition itself, or from the documents an- 
nexed, that the party can neither be discharged nor ad- 
mitted to bail, nor in any other manner relieved. Which 
said writ, if issued by the court, shall he under the seal of 
the court; if by a judge, under the hand of the judge; 
and shall be directed to the person in whose custody the 
prisoner is detained, and be made returnable forthwith; 
to the intent that no officer, sheriff, jailer, keeper, or other 
person, to whom such writ shall be directed, may pretend 
ignorance thereof, every such writ shall be endorsed with 
these words, " by the habeas corpus act," and whenever 
the said writ, shall by any person be served, upon the she- 
riff, jailer, keeper, or other person whatsoever, to whom 
the samcj shall be directed, or being brought to him, or be- 
ing left with any of his under officers or deputies, at the jail officer having 
or place where the prisoner is detained, he, or some of his custody of pri- 
under officers or deputies, shall, upon payment or tender ^'""odv before 
of the charges of bringing the said prisoner, to be ascer- the judge or 
tained bv the court or judge awarding the said writ, and c ? un * ,th '°. 

y _ J o ,. & ., , three da^s if 

endorsed thereon, not exceeding ten cents per mile; and no tover 20 
upon sufficient security fijiven to pay the charges of carry- miles and not 
• 1 • i 1 c 1 u 1 1 u j l 1 * r above 100, then 

ing him back, it he shall be remanded, make return ot willlin i 0f i ays , 
such writ, and bring, or cause to be brought, the body of i; over lootheu 
the prisoner, before the court or judge who granted the »« 20l ' a y« 
said writ; or in case of the adjournment of the said court, 
or absence of the judge, then before any other of the judg- 
es aforesaid, and certify the true cause of his imprison- 
ment within three days thereafter, unless the commitment 
of such person be in a place beyond the distance of twen- 
ty miles from the place where the writ is returnable; if 
beyond the distance of twenty miles, and not above one 
hundred miles, then within ten days: and if beyond the 
distance of one hundred miles, then within twenty days af- 
ter the delivery of the writ, as aforesaid, and not lon- 
ger. Ho.v obtained 
Sec. ~. Where any person not being committed or de- where a person 
tained, for any criminal, or supposed criminal matter, J^"*^ 
confined or restrained, of his or her liberty, ua- D j nutter 






-o HABEAS CORPUS, 

der any color or pretence whatever, he or she may apply 
for a writ of habeas corpus^ as aforesaid, which application 
shall he in writing, signed by the party, or some person on 
his or her behalf, setting forth the facts concerning his ot- 
her imprisonment, and wherein the illegality of such im- 
prisonment consists, and in whose custody he or she is de- 
tained; which application, or petition, shall be verified by 
the oath or affirmation of the party applying, or some 
other person, on his or her behalf; if the confinement or 
restraint is by virtue of any judicial writ, or process, or 
order, a copy thereof shall be annexed thereto, or an affi- 
davit made that the same had been demanded and refused : 
the same proceedings shall thereupon be had in all re- 
spects, as are directed in the preceding section. 

Sec. 3. Upon the return of the writ of habeas corpus y 
Upon the re- a day shall be set for the hearing of the cause of impr^on- 
Sfen °t$b<r nt ment or detainer, not exceeding five days thereafter, un- 
heard less the prisoner shall request a longer time. The said 
prisoner may deny any of the material fac^s set forth in 
dem°tbe r Ss tne return > or ma y allege any fact to shew either that the 
in the return imprisonment or detention is unlawful, or that he is then 
entitled to his discharge; which allegations or denials 
Returns may shall be made on oath; the said return may be amended 
by leave of the court or judge, before or after the same 
is filed, as also may all suggestions made against it, that 
thereby material facts may be ascertained. The said 
. court or judge shall proceed in a summary way to settle 

Court or nidge . u • j r * l 1 • j\ >• 1 

to proceed in a tne sa,cl facts, by hearing the testimony and arguments, 
summary way as well of all parties interested civilly, if any there be, as 
of the prisoner, and the person who holds him in custody, 
and shall dispose of the prisoner as the case may require; 
if it appear that the prisoner is in custody by virtue of 
Prisoner in ens process from any court, legally constituted, he can be dis- 
ffyjKS char g ed only for some one of the following causes: first, 
be mny be <<i s - where the court has exceeded the limits of its jurisdiction, 
charged either as to the matter, place, sum or person; second, 

where though the original imprisonment was lawful, yet 
by some act, omission or event, which has subsequently 
taken place, the party has become entitled to his dis- 
charge; third, where the process is defective in some oub- 
stantial form required by law; fourth, where the. process, 
though in proper form, has been issued in a case, or un- 
der circumstances where the law does not allow process, 
or orders for imprisonment or arrest to issue; fifth, where, 
although in proper form, the process has been issued or 
executed, by a person either unauthorized to issue or exe- 
cute the same, or where the person having the custody 
of the prisoner under such process, is not the person en> 



HABEAS CORPUS. 2? 

powered by law to detain him; sixth, where the process 
appears to have been obtained by false pretence or bribe- 
ry; seventh, where there is no general law, nor any judg- 
ment, order or decree of a couri, to authorize the process, 
it' in a civil suit, nor any conviction, if in a criminal pro- 
ceeding. JSo court or judge, on the return of a habeas Jttdgmepts,&ci. 
corpus, shall, in any other matter, inquire into the legality not l0 l)e in( l u1 ' 
or justice of a judgment, or decree of a court legally con- ie 
stHuted. In all cases where ttie imprisonment is for a Nottodls- 
criminal, or suppled criminal matter, if it shall appear to cWge foria- 

Ihe said court or judge, that there is sufficient legal cause [ ornialll >" ^ 
» ,• . • i i . ° i t0 recommit 

lor the commitment 01 the prisoner, although such com- 
mitment may have been informally made, or without due 
authority; or the process may have been executed by a 
person not duly authorized, the court or judge shall make 
a new commitment, in proper form, and directed to the 
proper officer, or admit the party to bail, if the case be 
bailable. 

Sec. 4. When any person shall be admitted to bail, on 
habeas corpus, he snail enter into recognizance with one or f ns0 J ier when 

* . . . ° . oai!cit to give 

more securities, in such sum as the court or judge shall security tor his 
direct, having regard to the circumstances of the prison- a i j pearanc© 
er, and the nature of the offence, conditioned for his or her 
appearance at the next circuit court, to be holden in and 
for the county where the offence was committed, or where 
the same is to be tried: where any court, or judge, shall 
admit to bail, or remand any prisoner brought before him 
or them, on any writ of habeas corpus, it shall be the duty 
of the said court or judge to bind all such persons as do \Vit0e3st0 be 
declare any thing material to prove the offence with which reco S !llzed 
the prisoner is charged, by recognizance to appear at the 
proper court having cognizance of the offence, on the first 
day of the next term tnereof, to give evidence touching 
the said offence, and not to depart the said court without 
leave; which recognizance, so taken, together with the re- 
cognizance entered into by the prisoner, when he is admit- 
ted to bail, shall be certified a;.d returned to the proper 
court, on the first day of the next succeeding term thereof. 
If any such witnesses shall neglect or refuse to enter into 
a recognizance as aforesaid, when thereunto requited, it 
shall be lawful for the court or judge to commit him to witnesses not 
jail until he shall enter into such recognizance, or be entering in re- 
otherwise discharged, by due course of law; if any judge cr « ,,; J :,l,Cl * 
shall neglect or refuse to bind any such witness or prisoner, tei 
by recognizance, as aforesaid, or to return any such re- 
cognizance, when taken as aforesaid, he shall be deemed 
guilty of a misdemeanor in office, and be proceeded 
against accordingly. 



24a Habeas corpus. 

Sec. 5. Where any prisoner, brought up on habeas cor 

^e^f^r^ Shali be . romanded to P rison ^ Jt shall he the duty of 
duty ot judge tne court o;r judge remanding him, to make out and deli- 
ver to the sheriff, or other person, to whose custody he 
shall be remanded, an order, in writing, stating the cause 
or causes of. remanding him. If such prisoner shall obtain 
Whena second a second writ of habeas corpus, it shall be the duty of such 
writ is obtained sheriff or other person to whom the same shall be directed, 

how to proceed * A , u -,i .1 1 r • 1 1 ■ <- • 1 u 

10 return therewith the order aforesaid, and if it shall ap- 
pear that the said prisoner was remanded for an oflence 
adjudged not bailable, it shall be taken and received as 
conclusive, and the prisoner shall be remanded without 
further proceedings. 
. Sec. 6. It shall not be lawful for any court or judge, on 

to'teShafg- a secon d wri * of habeas corpus, obtained by such prisoner, 
ed if specially to discharge the said prisoner, if he is clearly and specilical- 
trime* WUh ty cnar g e 3 in the warrant of commitment, with a criminal 
Botmavbe offence; but the said court or judge shall, on the return 
biUe.i if^aila* of such second writ, have power only to admit such pri- 
ble, &e. soner to bail, where the oflence is bailable by law, or re- 

mand him to prison where the offence is not bailable; or 
being bailable, where such prisoner shali fail to give the 
bail required. 

Sec. 7. No person who has been discharged by order 
Prisoner mice r a cou rt or judge, on a habeas corpus, shall be a^ain im- 

uiacnfirncn not 

to be again im- prisoned, restrained, or kept in custody for the same cause, 
prisoned for unless he be afterwards indicted for the same offence; 
less Indicted, or unless by the legal order or process of the court wherc- 
<kc in he is bound by recognizance to appear; the following 

wi h 11 s ^ a ^ no * ^ e kerned to be the same cause: first, if after a 
be deemed the discharge for a defect of proof, or any material defect in the 
same cause commitment in a criminal case, the prisoner should be 
again arrested, on sufficient proof, and committed by legal 
process for the same offence; second, if in a civil suit the 
party has been discharged for any illegality in the judg- 
ment or process, and is afterwards imprisoned by legal 
process for the same cause of action; third, generally, 
whenever the discharge has been ordered, on account of 
the non-observance of any of the forms required by law, 
the party may be a second time imprisoned, if the cause 
be legal, and the forms required by law, observed. 
.<v. . Sec. 8. No person shall be discharged under the provi- 

When pi i30n- . , ,, . . . . *• . r 

wra shall not be sions of this act, who is in custody under a commitment, 
discharged for any offence exclusively cognizable by the courts of the 
United States, or by order, execution or process issuing 
out of such pourts, in cases wnerethey have jurisdiction, 
or who is held by virtue of any legal engagement or en- 
listment in the army, or who being subject to tbc rules 



HABEAS CORPUS. 241 

and articles of war, is confined by any one legally acting 
under the authority thereof; or who is held as prisoner of 
war under the authority of the United States, or who is in 
custody for any treason, felony, or other high misdemean- 
or committed in any other state or territory of the Uni- 
ted States, and who by the constitution and laws of the 
United States, ought to be delivered up to the executive 
power of such state or territory; nor shall any negro or 
mulatto, held as a slave within this state, try his right to 
freedom, or be discharged from slavery under the provi- 
sions of this act, but for that purpose shall be put to his suit 
>br freedom. 

Sec. 9. If any person shall be committed for a criminal, or 
supposed criminal matter, and not admitted to bail, and When he may 
shall not be tried on or before the second term of the court loVlieiay 
having jurisdiction of the offence, the prisoner shall be set 
at liberty by the court, unless the delay shall happen on 
the application of the prisoner. If such court, at the se- 
cond term, shall be satisfied that due exertions have been 
made, to procure the evidence for, and on behalf of the 
people, and that there are reasonable grounds to believe, 
that such evidence may be procured at the third term, 
they shall have power to continue such case till the third 
term. If any such prisoner shall have been admitted to continued to a 
bail for a crime other than a capital offence, the court may third term 
continue the trial of said cause to a third term, if it shall 
appear by oath or affirmation that the witnesses for the 
people of the state, are absent, such witnesses being men- 
tioned by name, and the court shewn wherein their testimo- 
ny is material. 

Sec. 10. To prevent any person from avoiding or de- Kemovalsf&r 
laying his trial, it shall not be lawful to remove any pri- delay 
soner on habeas corpus under this act, out of the county 
in which he or she is confined, within fifteen days next 
preceding the term of the court at which such person 
ought to be tried, except it be to convey him or her into 
the county where the offence with which he, or she, stands 
charged, is properly cognizable. 

Sec 11. Any person being committed to any prison, or 
in the custody of any officer, sheriff, jailer, keeper, or other onTiSVuf" 
person, or his under officer or deputy, for any criminal, or another, when 
supposed criminal matter, shall not be removed from the £e° by ^ a 7wriu 
said prison or custody, into any other prison or custody, except in cer^ 
unless it be by habeas corpus, or some other legal writ, or tain cases 
where the prisoner shall he delivered to the constable, or 
other inferior officer, to be carried to some common jail; 
pr shall be removed from one place to another, within the 
countv. in order to his discharge or trial in due course of 

31 



242 HABEAS CORPUS. 

iaw. or in case of sudden fire, infection, or other necessity, 
or W'iere the sheriff shall commit such prisoner to the jail 
of an adjoining cou.ity, for the want of a sufficient jail in 
hi* own county, as is provided in the act concerning jails and 
jailers, or where the prisoner, in pursuance of a law of the 
United States, may be claimed or demanded by the exe- 
cutive of any of the United States or territories U any 
person or persons, shall, after sucn commitment, as afore- 
said, make out, sign, or countersign, any warrant or war- 
rants for such removal, except as before excepted, then he 
Penalty for it- or tney giia u forfeit to the prisoner or party aggrieved, a 
legal removals gum n ^ t excee( ^ ir)g t i )ree hundred dollars, to he recovered 
by the prisoner or party aggrieved, in the manner herein- 
after mentioned. 
. Sec. 12. Any judge empowered by this act to issue 

^e_u 9 al to »ssue ^.^ ^ habeas corpus, who shall corruptly refuse to issue 
such writ, when legally applied to, in a case where such 
writ may lawfully issue, or who shall, for the purposes of 
oppression, unreasonably delay the issuing of such writ, 
shall, for every such otfence, forfeit to the prisoner or par- 
ty aggrieved, a sum not exceeding five hurdred dollars. 
Sec. 13. If any officer, sheriff, jailer, keeper, or other 
Liabilitvofoffi P erson ? *° whom any such writ shall be directed, shall ne- 
ecsrs r« fusing to gleet or refuse to make the returns as aforesaid, or to 
obe.s and te- bring the body of the prisoner, according to the command 
urn the writ of theBaid writ? w j t hin the time required by this act, all* 
and every such officer, sheriff, jailer, keeper, or other per- 
son, shall he guilty of a contempt of the c^urt or iudge, 
who issued said writ: whereupon, the said court or iiKtge 
may, and shall issue an attachment against such officer, 
sheriff, jailer, keeper, or other person, and cause him or 
them to be committed to the jail of the county, there to 
remain without h.-ii or mainprize, until he or they shall 
obey the said writ; such officer, sheriff, jailer, keeper, or 
other person, shall also forfeit to the prisoner or party ag- 
grieved, a sum not exceeding five hundred dollars^ and 
shall he incapable of holding or executing his said office. 
Sec. 14. Any one having a person in his custody, ot 
Removing pri- under his restraint, power or control, for whose relief a 
•oner to avoid writ of habeas corpus is issued, who, with intent to avoid the 
the writ effect of such writ, shall transfer such person to the custody, 

or place him or her under the control of another, or shall 
conceal him or her, or change the place of his or her con- 
finement, with intent to avoid the operation of such 
writ, or with intent to remove him or her out of the state, 
shall forfeit for every such offence one thousand dollars, 
and may be imprisoned not less than one year, nor more 
than five years. In any prosecution for the penalty fa- 



HABEAS CORPUS. 243 

purred under this section, it shall not be necessary to 
shew, that tne writ of habeas corpus had issued al the time 
of the removal, transfer or concealment therein mention- 
ed, if it be proven that the acts therein forbidden, were 
done with the intent to avoid the.oppration of such writ. 

Sec. lo. Any sheriff, or his deputy, any jailer or coro- 
ner, having custody of any prisoner, committed on any ci- Penalty f orre , 
vii or criminal process, of any court or magistrate, who fusing to give " 
shall neglect to srive such prisoner a copy of the process, prisoner a copy 

■ ./ x. l • r i • u i • • • of commitment 

order, or commitment, by virtue of which lie is imprison- 
ed, within six hours after demand made by said prisoner, 
or any one on his behalf, shall forfeit five hundred dol- 
lars. 

Sec. 16. Any person, who, knowing that another has p . f j*j 
been discharged by order of a competent judge or tribunal, resting a per- 
on a. habeas corpus, shall, contrary to the provisions of this 80n thathis 
act, arrest, or detain him again for the same cause, which c \ l l"£f& (i> 
was shown on the return of such writ, shall forfeit five 
hundred dollars, for the first offence, and one thousand 
dollars for every subsequent offence; 

Sec. 17. All tne pecuniary forfeitures incurred under p 01 . w h ose ^ 
this act, shall inure to the use of the party for whose benefit efit the forfeit- 
the writ of habeas corpus issued, and shall be sued for, and * res ander l ^ 
recovered with costs, by the attorney general, or circuit Attornpy Gene 
attorney, in the name of the state, by information, and the ral and Circuit 
amount, when recovered, shall, without an j deduction, be Attorneys to 
paid to the party entitled thereto. piosecu 

Sec. 18. In any action or suit for any offence against The general 
the provisions of this act, the defendant or defendants may l8Slle ™ a > te ; 

, r , . , . , . . ,, . pleaded in ac~ 

plead the general issue, and give the special matter in ; iuns UIuItr th ^ 
evidence. act 

Sec. 1 9. The recovery of the said penalties shall be no Recovery no 
bar to a civil suit for damages. _ ^12*™* 

Sec. 23. The supreme and circuit courts within this 
state, or the judges thereof, in vacation, shall have power Habeas corpus, 
to issue writs of habeas corpus, for the purpose of bringing ad testlfioanr ' 
the body of any person confined in any jail, within the ua1 ' 
same, before them to testify, or be surrendered, in dis- 
charge of bail. When a writ of habeas corpus shall be is- 
sued, for the purpose of bringing into court any person to 
testify; or the principal to be surrendered in discharge of 
bail; and such principal oq witness shall be confined in 
any jail in this state, out of the county in which such prin- 
cipal or witness is required to be surrendered or to testify, 
the writ may run into any eounty in this state, and there 
be executed and returned by any officer to whom it shall 
be directed; and the principal, after beirfg surrendered, 
: ; bail discharged, or a person testifying as aforesaid, 



$4 ILLEGITIMATE CHILDREN. 

shall, by the officer executing such writ, be returned to 
the jail from whence he was taken, by virtue of an order 
of the court, for the purposes aforesaid; an attested copy 
of which, lodged with the jailer, shall exonerate such jail- 
er from being liable for an escape. The party praying 
out such writ of habeas corpus, shall pay to the officer exe- 
cuting the same, such reasonable sum for bis services, as 
shall be adjudged by the courts respectively. This act 
tt> take effect on the first day of June. 

[Approved, Jan. 22, 1827-5 



ILLEGITIMATE CHILDREN. 

^ force, Jul/ AN ACT to provide for the maintenance of Illegitimate 
ut ' 1S27, Children. 

Sec. 1. Be it enacted by the People of the Stale of Illinois 
represented in the General Assembly, That when any unmar 
1 ^seoTbastardy rie ^ woman ? w ho shall be pregnant or delivered of a child, 
which by law would be deemed a biistard, shall make 
complaint to any one or more of the justices of the peace 
for the county, where she may be so pregnant, or deliver- 
Warrant ec *> anQj SQa ^ accuse > under oath or affirmation, any person 

with being the father of such child, it shall be the duty of 
such justice or justices, to issue a warrant directed to the 
sheriff or any constable of such county, against the person 
so accused, and cause him to be brought forthwith before 
him or them. Upon his appearance, it shall be the duty 
of the said justice or justices, to examine the said woman, 
upon oath or affirmation, in the presence of the man allc- 
Tnal g e( j f- k e tne f a t ner f the child, touching the charge 

against him. If the said justice or justices shall be of 
opinion that sufficient cause appears, it shall be his or 
their duty to bind the person so accused, in bond, with 
■Recognizance sufficient and good security, to appear at the next circuit 
court to be holden for said county, to answer to such 
charge; to which court, said warrant and bond shall be re- 
turned. On neglect or refusal (o give such bond and se- 
curity, the justice or justices shall cause such person to be 
committed to the jail of the county there to be held to an- 
swer such complaint. 

Sec. 2. The circuit court of such county, at their said 

lluty of circuit next term, shall have full cognizance and jurisdiction of 

vmvX the said charge of bastardy, and shall cause an issue to 

be made up, whether the person charged as aforesaid, is 

the real father of the claiid or not. which issue shall be 



ILLEGITIMATE CHILDREN. 245 

tried by a jury. Such inquiry shall not he cxporle, when Trial there 
the person charged shall appear and deny the charge; 
but he shall have a right to appear and defend himself 
by counsel, and controvert by all legal evidence, the truth 
of such charge. 

Sec. 3. If at the time of such court, the woman be not 
delivered, or be unable to attend, the court shall order a 
recognizance to be taken of the person charged as afore- Continuance 
said, in such amount, and with such sureties as the court 
may deem just, for the appearance of such person at the 
next court, after the birth of her child; and should such 
mother not be able to attend at the next term, after the 
birth of her child, the recognizance shall be continued un- 
til she is able. 

Sec. 4. On the trial of every issue of bastardy, the mo- Mother a coin . 
ther shall be admitted as a competent witness, and her petent witness, 
credibility shall be left to the jurv. She shall not be ad- 
mitted as a witness, in case she has been duly convicted of 
any crime, which would by Jaw disqualify her from being 
a witness in another case. 

Sec. 5. In ease the issue be found against the defend- 
ant, or reputed father, or whenever he shall, in open court, 
have confessed the truth of the accusation against him, he j u d emei ^ 
shall be condemned by the judgment of the said court, to pay 
such sum of money, not exceeding fifty dollars, yearly, for 
seven years, as in the discretion of the said court may 
seem just and necessary for the support, maintenance and 
education of such child; and shall, moreover, be adjudg- 
ed to pay all the costs of the prosecution, for which exe- 
cution shall issue, as in other cases of costs. The said de- 
fendant, or reputed father, shall give bond and security t0 ^i'i^t e b Jnd^^" 
for the due and faithful payment of such sum of money, 
as shall be ordered to be paid by the said court, to be 
paid by him for the period aforesaid ; which shall be made 
payable quarter yearly to the judge of the court of pro- 
bate, and his successor in office, for the county in which 
the prosecution aforesaid was commenced; and the same, D , Jlv of ^ 
when received, shall be laid out and appropriated, from ofprobate 
time to time, by the said judge, under his order and direc- 
tion, for the purposes aforesaid: in case the defendant, or 
reputed father, shall refuse or neglect to give such secu- 
rity, as may be ordered by the court, he shall be commit- 
ted to trm jail of the county, there to remain until he 
shall comply with such order, or until otherwise discharg- 
ed by due course of law: Provided, alvKiys, that the said n owttieb(W( j 
reputed father, after giving bond with appproved security, may be dig-. 
to the court of probate in said county, conditioned for the ch * r 2 ( ^ 
suitable maintenance of any sach child, for the term 



2*q JAILS AND JAILERS, 

aforesaid, shall be permitted to take charge and have the 
control of his said child; and from the time of the said fa- 
fh-fTaking charge of such child, or should the mother re- 
fuse to surrender the said child, when so demanded by 
the said father, then and from thenceforth the said father 
shall be released and discharged from the payment of all 
such sum or sums of money as may thereafter become due 
against the said father, for the support, maintenance and 
education of any such child. If the said child should never 
be born alive, or being born alive, should die, at any time, 
and the fact shall be suggested upon the record of the said 
court, then the bond aforesaid shall from thenceforth be 
void. But when a guardian shall be appointed for such 
bastard, the money arising from such bonds shall be paid 
over to such guardian. 

Sec. 6. If upon the trial of the issue aforesaid, the jury 
Reputed ruber shall find that the child is not tne child of the defendant, 
being acquitted or pretended father, tnen the ju lgment of the court shall 
tbec'js's 1 " Pa> De luat h e De discharged; the woman making the com- 
plaint shall pay the costs of the prosecution, and judg- 
ment shall be entered therefor, and execution may there- 
upon issue. 
Marriage of be Sec 7. ^ * ue mother of any bastard child, and the re- 
rep .1 mher puted father, s iall at any time after its birth, intermarry, 
and mother the ^ chiW sha |j ? in a \ { respects , be (teemed and held 

legitimate, and tne bond aforesaid be void. 

Sec !!. No prosecution under this act, shall be brought 

after two years from the birth of the bastard child: Pro 

Limitation of ^idtd , the time any person accused shall be absent from 

prosecutions ' in , 

the state, shall not be computed. 

Sec. 9. All acts and parts of acts coming within the 

purview of this act, are hereby repealed. Such repeal 

kcts repealed s ^ a ^ * n uo case a ^ ect or impair any rights acquired un- 
der the acts hereby repealed. This act shall be in force 
on the first day of July next. 

[Approved, Jan. 23, 1827.} 



JAILS AND JAILERS. 
In force .luly AN ACT concerning Jails and Jailers. 

1, 1S27 

Sec t. Be it enacted by the People, of the State of Mi mis- 
represented in the General Assembly, That there shall be 
kept and maintained, in good and sufficient condition and 
A common jail re paic. a common mil in each county within this state, at 

to be k'r-ut in ' J L r • , • /• . 

tacb comity tne peravine.it scat of justice ior such county. 



JAILS AND JAILERS. 247 

Sec. 2. The sheriff of each county in this state shall 
have the custody, rule, keeping; and charge of (he jail griffs keeper 
within the county, and of all prisoners in such jail, and ova own ays. 
may appoint a jailer under him, and remove him at plea- 
sure, for whose conduct he shall he responsible. 

Sec. 3. It shall be the duty of the sheriff and jailer 
to receive from constables and other officers and confine in pl> shall re- 
such jail, all persons who shall be apprehended by such ceive prisoners 
constables or oflicers for offences against this state, or who 
shall be committed to such jail by any competent authori- 
ty, until discharged by due course of law. 

Sec. 4. It shall not be lawful for any sheriff or jailer, Debtors and 
to confine or keep debtors, and persons committed for ^t separate 
crimes, in the same room; but they shall be confined and 
kept separate and apart from each other. 

Sec 5. Every person who shal) be committed to the 
common jail within any county of this state, by lawful au- Expenses of 
thority, for any crime or misdemeanor, if he or she shall --n ft.ement to 
be convicted thereof, shall pay the expenses of arresting J^PJ id by p " r 
and conveying him or her to the said jail, and also of his 
or her support while in jail, before he or she shall be dis- 
charged, and the property of such person shall be sub- 
jected to the payment of such expenses from the time of his 
or her arrest; and ail such expenses up to the time of con- 
viction shall be included in the judgment for costs. All 
expenses incurred for the support of such convicted person 
after conviction, may be collected by order of the circuit 
oourt, from time to time as occasion may require: Provi- 
ded however, that said court may in their discretion 
refuse to make such order upon being satisfied on the oath 
of such convicted person or otherwise, that such C3nvict- 
ed person has no property or means of satisfying such ex- 
penses for his or her support. 

Sec 6. Whenever any person committed to jail upon Poor persons 
any criminal process, under any law of this state, shall de- s! ' ;,ll > provfe 
clare, on oath or affirmation, in writing, that he or she is JberSr b) *** 
unable to buy or procure necessary food, the sheriff or 
jailer shall provide such prisoner with necessary food, for His dampen*** 
which he shall be allowed a reasonable compensation, to lioa lUere -'-^ 
be ascertained by the county commissioners' 1 court, and 
paid as other county charges. And if from the inclemen- 
cy of the season, the sickness of the prisoner, or other cause, 
the sheriff shall be of opinion that additional clothes or 
bedding are necessary for such prisoner, and such prison- 
er shall be unable to obtain or procure the same, the said 
sheriff shall furnish the same, for the use of such prisoner 
during his confinement; for which he shall be allowed a 
just compensation, and paid as aforesaid. 

Sec 7. Every sheriff and jailer, and other person op 



248 JAILS AJND JAILERS. 

persons whatsoever, to whose custody or keeping any per- 
son or persons shall be committed, by virtue of any writ or 
process, or for any criminal offence, except on conviction 
of any felonious offence, shall permit and suffer, him, her, 
or them, so committed, at his, her, or their will and pleasure, 
to send for, and have any cider, ale, beer, victuals, or other 
necessary drink or food, from what place and whom they 
please, and also to have and use such bedding, linen, and 
other things, as he, she or they shall think lit, without de- 
taining the same, or any part thereof, or enforcing or re- 
quiring him, her or them, to pay for the having or using 
thereof, or putting any manner of restraint or difficulty up- 
on him, her or them, in using tiiereof, or relating thereto. 
The grant! jury And it shall be the duty of the grand jury, at each term, 
shall inspect a comm ittee to consist ofat least three members there- 

and report to of, to visit the jail of their county, and examine the con- 
the circuit court d\{[ on thereof, and inquire into the treatment of the pri- 
soners, and make report thereof to the court. And it is here- 
by made the especial duty of the circuit court, at each 
term, to inquire and see that all prisoners, civil and cri- 
minal, are humanely treated. 

Sec. 8. All persons convicted of any felonious or other 

high crime, and sentenced to imprisonment for six months, 

Persons impri- or upwards, shall, for the whole term of their imprison- 

sonetl i t ^ l J? 1 ?~ men U Dc kept upon inferior, but wholesome food. All 

on inferior 'food spirituous liquors are prohibited to such prisoners, unless 

by the direction of some respectable physician. 

Sec. 9. It shall be the duty of the keeper of the jail, 
in every county within this state, to receive into his cus- 
Unitcd States' tody, any prisoner or prisoners who may be, from time to 
prisoners {{ mQ committed to his charge, under the authority of the 

United States, and to keep safely every such prison- 
er or prisoners, according to the warrant or precept of 
such commitment, until he or they shall be discharged by 
due course of the laws of the United States. 

Sec 10. The keeper of every jail aforesaid, shall be 

subject to the same pains and penalties, for any neglect or 

Neglect of duty failure of duty herein, as he would be subject to, by the 

of jailer } aws f this state for the like neglect or failure in the case 

of a prisoner committed under the authority of the said 

laws: Provided, always, that the United States do pay, or 

to°EK!ted n Cause to be paid, for the use and keeping of such jails, 

of the marshal at the rate of fifty cents per month, for each person that 

shall, under their authority, be committed thereto, andSal- 

so to the jailer such fees as he would be entitled to for like 

services rendered, in virtue of the existing Laws of this 

stRte, during the time such prisoner shall be therein con* 



JAILS AND JAILERS. 

fined, and moreover, do support such of the said prisoners 
as shall be committed for offences. 

Sec. 11. Whenever the sheriff of any county in this 
state shall be of opinion that the jail of his county is in- inwhatcases 
sufficient to secure the prisoners, that shall he confined JJ*Jj|£ (, ™ y be 
(herein, it shall be his duty to give notice thereof lo the 8umm ne 
county commissioners' court of such county; and also 
whenever any sheriff shall have in his custody any per- 
son or persons charged with any capital offence or other 
high crime against the laws of this state, and the jail of 
the county shall he insufficient, or if there shall be no jail 
in his county, he may by and with the advice and direc- 
tion of any of the judges of the circuit or supreme court 
or of any two justices of the peace of his county employ a 
guard sufficient tor the guarding and safe keeping of such 
prisoner or prisoners in his own county; the said guard 
not to exceed, however, in any instance, more than three 
persons. The expenses of said guard to be audited and 
paid as other county expenses. 

Sec 1 2. It shall be lawful for the sheriff of any county 
in this state, when there shall happen to be no jail, or when p-ison;- 
when the jail of such county shall be insufficient, to com- ersmay be 
mit any person or persons in his custody, either on civil or J^m onTeoun- 
criminal process, to the nearest jail of some other county, iy to another' 
in the same circuit; and it is hereby made the duty of the 
sheriff or keeper of the jail of said county to receive 
such person or persons, so committed as aforesaid, and 
him, her or them, safely keep, subject to the order or or- 
ders of the circuit judge for the said circuit. 

Sec 13. It shall be the duty of the sheriff so commit- 
ting any person or persons as aforesaid, for any criminal Notlce(0 tlK 
offence, forthwith to notify the circuit judge for the cir- chcuit judge 
cuit where such person or persons, so committed is, or are 
to be tricd.ofthecommittingofsuch person or persons to the 
jail of such other county; and transmit at the same time 
to such circuit judge a copy of the day and cause of 
the caption and detention cf sucH person or persons. — 
Whereupon, it shall he the duty of such circuit judge, with- 
in fifteen days next preceding the fust day of the circuit 
court of the county where such person or persons is or are 
to be tried, to issue a writ or writs of habeas corpus, direc- 
ted to the sheriff or keeper of the jail of the county where 
such person or persons is or are committed, commanding 
him or them to have the body or bodies of such person or 
persons thus committed, together with the day and cause 
of his or their caption and detention, before the circuit 
court of the said county for the trial of such offences, on 
the first dav .' . i their pext term of the said court; audit 



250 JAILS AND JAILERS. 

shall be the duty of the said sheriff or keeper of the jail to 
bring or cause to be brought, the said person or persons. 
thus committed as aforesaid, on the day and at the place 
mentioned in the said writ. And any shcriffor keeper of the 
jail as aforesaid, failing or neglecting to make return as 
aforesaid, and to bring the body or bodies of said person or 
persons according to the command of the said writ, shall 
be deemed guilty of a contempt of the said court, and 
shall be liable to be attached aid committed to the jail of 
the county, there to remain without bail or mainprize un- 
til he shall obey such writ: And shall moreover forfeit to 
the prisoner or party aggrieved, a sum not exceeding five 
hundred dollars* to be apportioned according to the nature, 
aggravations and circumstances of the case, and the inju- 
ry which the party aggrieved may sustain thereby, to be 
recovered by the prisoner or party aggrieved, in an action 
on the case founded upon this statute; and the said shcriffor 
keeper of the jail,may also in the discretion of the said court, 
be removed from office, and rendered incapable of hold- 
ing or executing the same thereafter. The sheriff for 
committing any prisoner as aforesaid, or for executing 
any writ of habeas corpus under this act, shall be entitled to 
the like fees as are provided by law for similar services. 
Sec 14. In all cases where a person is committed from 
prwonmenf 11 " anotner county, for a criminal offence under this act, such 
county or the prisoner shall pay the expenses, in the same 
manuer as if the commitment had been in the county 
where the offence was committed. And in civil suits the 
plaintiff or defendant, shall pay the expenses in the same 
manner as if the imprisonment had taken place in the 
same county where the suit was commenced. 

Sec, 15. The sheriff may be imprisoned in the jail of 

SpriK>.!ed"?he ms own count y? an< l f° r tne time lnat * ie sna ^ De confined 

coroner to within the walls of the prison, the coroner shall have the 

d dV <* 'ail Cim0 cust ody, rule, keeping, and charge of the said jail; and 

} Jdl shall by himself and his securities be answerabie for the 

faithful discharge of his duties in that office. 

Sec 1 6. The act entitled "An act for the safe keeping of 
, prisoners,'* approved March 22d, 1819; and the act enti- 
tled "An act authorizing the commitment of persons to the 
jail of another county arrested in a county where there 
is not a sufficient jail," approved March 2bd, 1819; and the 
"Act for the safe keeping of prisoners committed to any 
jail in this state, under the authority of the United States," 
approved January 20th, 1021, arc hereby repealed. This 
act to effect from the first day of Julv next. 

(Approved, Jan. 2G, 1827-1 



GRAND AND PETIT JURORS. 251 

**LV ACT prescribing the mode of summoning Grand and 
Petit Jurors, and defining their qualifications and duties. In force Jun e J 

Sec. 1 . Be it enacted by the People of the State of Illinois 
■represented in the General Assembly, That all free white 
male taxable inhabitants, in any of the counties in this 
state, being natural born citizens of the United States, or j^ g may b " 
naturalized according to the constitution and laws of the 
United States, and of this state, between the ages of twen- 
ty-one and sixty years, not being judges of the supreme 
or circuit court, county commissioners, judges of probate, 
clerks of the circuit or county commissioners' court, sheriffs, 
coroners, postmasters, licensed attorneys, overseers of the 
highway, or occupiers of mills, ferries, toll-bridges or turn- 
pike roads, being of sound mind and discretion, and not 
subject to any bodily infirmity, amounting to a disability, 
shall be considered and deemed as competent persons, (ex- 
cept in cases where legal disabilities may be imposed for 
the commission of some criminal offence) to serve on all 
grand and petit juries, in and for the bodies of their coun- 
ties respectively. 

Sec. 2. It shall be the duty of the county commission- 
crs' court in each of the counties in this state, wherein a 
circuit court is directed to be holden, at least twenty days commisaloaers 
before the sitting of such court, to select twenty-three per- shall select 
sons, possessing the qualifications aforesaid, and as nearly S tand J urQr * 
as may be, a proportionate number from each township in 
their respective counties, and to cause their clerk, within 
five days thereafter, to issue and deliver to the sheriff, or if 
there be no sheriff, or he be disqualified, then to the coro- 
ner of the county wherein the court is to be held, a sum- 
mons commanding him to summon the persons so selected 
as aforesaid, to appear before the said circuit court, at or 
before the hour of eleven o'clock, a. m. on the first day of 16 shall make 
the term thereof, to serve as grand jurors, any sixteen of a §iand jury 
whom shall be sufficient to constitute a grand jury; which 
said summons shall be served at least five days before the 
sittiiig of the court, either by reading it to trie person to 
be summoned, or by leaving an attested copy thereof at 
his last usual place of abode. 

Sec. 3. After the grand jury is empannelled, it shall be 
the duty of the court to appoint a foreman, who shall have Fnremata may 

1 «? -a l-l- i c t-u^-m swear witnesses 

power to swear or amrm witnesses to testily belore tnem. 
And whose duty it shall be, when the grand jury or any 
twelve of them find a bill of indictment, to be supported 
by good and sufficient evidence, to endorse thereon u a 
true bill;" and when they do not find a bill .to be sup- 
ported by sufficient evidence, to endorse thereon "not 



m GRAND AND PETIT JURORS, 

a true bill;" and shall in either case, sign his name a*- 
foreman, at the foot of said endorsement; and shall also ir 
each case, in which atruebillshall be relumed into court as 
aforesaid, note thereon the name or names of the witness 
or witnesses, upon whose evidence the same shall have 
been found. 
Oath of the ^ EC * *' Before the grand jury shall enter upon the dis- 

foreman charge of their duties, the following oath shall be admin- 

istered to the foreman, to-wit: "You as fort man of this 
inquest, do solemnly swear, (or affirm, as the case maybe) 
that you will diligently enquire into, and true presentment 
make of all such matters and things, as shall be given you 
in charge, or shall otherwise come to your knowledge, 
touching the present service; you shall present no person 
through malice, hatred or ill will, nor shall you leave any 
unpresented through fear, favor or affection, or for any 
fee or reward, or for any hope or promise thereof; but in 
all your presentments you shall present the truth, the 
whole truth and nothing but the truth, according to the 
best of your skill and understanding, so help you God." 
And the following oath or affirmation, shall be administer- 
ed to the other jurors, to-wit: "The same; oath that A. 
B. your foreman has just taken before you on his part, 
you and each of } r ou shall weii and truly keep and observe 
on your respective parts, so help you God." 

Sec. 5. No grand jury shall make presentments of their 
What evidence own knowledge, upon the information of a less number 

shall make pre- .1 , P ., y . * , -, .. . . , 

sentments " lan two °( «»eir own body, unless the juror giving the 
information, is previously sworn as a witness, in which 
case, if the evidence shall be deemed sufficient, an indict- 
ment may be found thereon, in like manner as upon the 
evidence of any other witness, who may not be of the 

Sec. C. It shall also be the duty of the county commis- 
Pettoiutr selec ?* oners ' court, in each of the counties in this state, where- 
ted by county * n a circuit court is directed to be held as aforesaid, at 
oommissione'rs' least twenty days before the sitting of such court as afore- 
said, to select twenty four persons, possessing the qualifica- 
tions .aforesaid, who'sball compose and constitute two full 
petit juries, to serve as such at the next succeeding term 
of the circuit court, in each county respectively," to be 
summoned in like manner as is herein before directed in 
the case of grand juries. 

Sec. 7. It shall be the duty of the clerk of the circuit 
court, at the commencement of each term, to write the 
name of each petit juror on a separate ticket, and put the 
whole into a box or other place for safe keeping; and an 
often as it shall, be necessary to empanncl a jury, the clerk 



•oart 



GRAND AND PETIT JURORS. 251 

sheriff,or coroner, shall in the presence of the court, draw 
by chance, twelve names out of such box or other place, 
which shall designate the twelve to be sworn on the jury, 
and in the same manner for the second jury, in their turn, 
as the court ma), from time to time, order and direct. 

Sec. 8. In all cases, where any sheriff or other officer, 
shall be commanded to execute any summons as aforesaid, g umtnong how 
lie shall be required to make timely return thereof, to the executed and 
clerk, who may have issued the same, with an endorse- returned 
meat thereon, certifying on whom it has been executed, 
and the time when; and in default of so doing, such sher- 
iff or other officer, shall be considered as guilty of a con-' 
tempt, and may be fined for the use of the proper coun- 
ty, in any sum not less than ten, nor more than fifty dollars, 
unless such sheriff or other officer, shall seasonably make 
his excuse, to the satisfaction and acceptance of the 
court. 

Sec. 9. If a sufficient number of grand or petit jurors, 
when selected and summoned as aforesaid, shall not ap- Tales mdu 
pear, or if by reason of challenges, or any other cause. 
there shall not be a sufficient number of qualified per- 
sons to mike up the pannel, the court may order the sher- 
iff to return without delay, such number of good and law- 
ful men of the county, as may be necessary, for that pur- 
pose; aiid when the sheriff is interested, or related to 
either of the parties, the court may direct the coroner to 
make such return; and if any circuit court should at any Comra'rs court 
time sit, before the county commissioners' court shall have making no seJ 

ii*.. c j i'j. ' c -J Irction, the cir- 

made a selection of grand or petit jurors as aforesaid, or cuit coun may 
if on any account the whole pannel in either case shall order a jury to 
fail to attend, the court may order the sheriff or other offi- he s,lnmo,it(r 
cer,to summon from the bystanders, being qualified persons 
as aforesaid, a sufficient number to supply such deficiency; 
who shall continue to serve for the remainder of the term, 
unless they shall be sooner discharged by the court. 

Sec. 1 . Every person who shall fail to attend, when 
lawfully summoned to appear as a grand or petit juror l™$™XlZ 
as aforesaid, without having a reasonable excuse, shall be asa juror 
considered as guilty of a contempt, and shall be fined by 
the courts, respectively, in any sum not less than five, nor 
more than twenty dollars, for the use of the proper coun- 
ty; unless good cause be shewn for such default, at, or be- Proceedings 
tore the next term of such court; and it shall be the duty ^ 8 j a ^ 
of the clerk to issue a summons against all such delin- 
quents (where such persons shall not come in without pro- 
cess) to shew cause at the next succeeding term of such 
court, why lie or they should not be fined for such con- 
npt; at which or any subsequent term, the court sh >l! 



254 "GRAND AN V D PETIT JURORS, 

proceed to assess said fine, unless the person or persons sq~ 
summoned and failing to attend as aforesaid, shall appear 
and shew good cause for such delinquency Provided, that 
the oath or affirmation of any such delinquent, shall at 
all times be received as competent evidence in his favor. 
Sec. 11. In case of the death, sickness, or non-attend- 
ance of any grand or petit juror, after he shall have been 
sworn upon the jury, or where any such juror as afore- 
said, after being sworn as aforesaid, shall for any reason- 
able cause be dismissed, or discharged, it shall be lawful 
for the court to cause others, if necessary, to be summon- 
ed and sworn, in his or their stead. 

Sec. 12. Each petit juror shall receive twenty-five 

Compensation cents, for each case which he may be sworn to try, to be 

of petit jurors advanced by the plaintiff, and taxed in the bill of costs, 

against the defendant, if he be cast in the suit, except in 

criminal cases, where no allowance or charge shall be 

made, either to jurors or witnesses. 

Sec. 13. All grand and petit jurors shall be privileged 
from arrest, in all cases, except for treason, felony, breach 
ieeed fromar- °^ *^ e P eace or °th er criminal offence, during their at- 
rest tendance at court, going to and returning from the same; 

allowing one day for every twenty miles from and to their 
several places of abode, and all arrests, in such cases, 
shall be deemed as illegal and void. 

Sec 14. It shall be the duty of the county commission* 

Rotation in ers' court. to arrange and select the grand and petit ju- 

sprvice rors as aforesaid, so that no one person shall serve on the 

jury a second time, before all fit persons of the county 

shall have respectively served in rotation, according to 

the best information that can be obtained. 

Sec. 15. That the act entitled " An act prescribing the 
mode of summoning grand jurors*' approved March 23d, 
1819, the act entitled ''An concerning petit jurors approv- 
Acts repealed ed March 25th, 18,9; the act entitled "An act to amend 
an act entitled an act prescribing the mode of summoning 
grand jurors,*' approved February 9th, 1821; the act 
entitled "An act amending an act entitled an act pre- 
scribing the mode of summoning grand jurors," approved 
February 18th, 1823, and all other acts and parts of acts 
coming within the purview of, or repugnant to this act, 
be and the same are hereby repealed. This act to tak,e 
effect from and after the first day of June next. 

{Approved* Feb. 1, 182$.] 



JUSTICES OF THE PEACE AND CONSTABLES. 255 

AN ACT to provide for the election of Justices of tfie Peace 1" force Dec* 
and Constables. 30 ' l8 * C ' 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That from and after Act repealed 
the first day of October next, the act entitled "Ad act re- 
gulating the manner of appointing justices of the peace," 
approved February 19, 1819, shall be and the same is 
hereby repealed. 

Sec 2. It shall be the duty of the courts of county Counties to fee 
commissioners of each county in this state at their fTffi. lQt0 ^ 
eext June term, to divide their respective counties into 
a convenient number of districts, not less than two, nor 
more than eight, distinctly defining the boundaries of each 
district, giving to each a name, to appoint a place therein 
for holding the elections hereinafter mentioned, and to 
aause the same to be entered of record in their respective 
courts. Should any of said courts fail or neglect to 
lay of)' their county into districts as aforesaid, at their 
said June term, it shall be their duty to call a special 
term of the court, for that purpose, and to proceed to lay 
off their county into districts, in all respects as aforesaid. 
It shall be the duty of the clerks of said courts respective- Clerks to Cur- 
ly to make out forthwith as many copies of said records,™* ^faof 
iis there shall be districts in his county and to deliver the orders 
same to the sheriff, whose duty it shall be within ten 
days after the close of the term of the court at which 
the county shall be so divided into districts, to post up at 
the place appointed for holding elections, in each of said 
districts, one of said copies. 

Sec. 3. The said courts shall, respectively, at their 
said June term, and at their June term every fourth j U( ^ e sofelea s 
year thereafter appoint three electors in each of said dis- tioaap pointed* 
tricts to be judges of election therein; and should any of 
said courts at any such term, fail to appoint judges of 
election, it shall be their duty to call a court for that pur- 
pose; and judges of election, who shall be appointed as 
aforesaid, shall continue in office for four years, and until Sc'T'^rV 
their successors shall be appointed. When a vacancy 
shall happen in the office of judge of election, or when 
any such judge shall fail to attend, or refuse to serve, the 
vacancy shall be filled, or the judge appointed in the man- Vacancies how 
ncr prescribed in like cases by the general election law. filled 
The said judges, and all other judges to be appointed by N . 
-his act, shall give the notice of election, be qualified, ap- thnand pro- 
point clerks, who shall he qualified, and the elections here- ceeding ther^ 
inafter mentioned, shall be conducted, returns thereof m 
made, opened, examined, abstracts thereof made, and 



256 JUSTICES OF THE PEACE AND CONSTABLE- 

transmitted to the office of secretary of state, in the man- 
ner prescribed by law for the election of sheriffs, and the 
said judges of election shall be notified of their appoint- 
ment in the manner prescribed for notifying other judges 
of election: Provided, that nothing in this act shall be so 
construed as to give the judges of the election or clerks 
any compensation for their services. 
Number of jus. Sec 4 * ^ n election shall be held in each of said dis- 
tich in each tricts, on the first Monday in August next, and on the first 
decTV be Monday in August every fourth year thereafter, for two jus- 
tices of the peace in each of said district?, except the district 
in which the county seat shall be, in which district there 
shall be three justices of the peace elected, and the jus- 
Toe ntinu in ^ ces so ejected, shall continue in office for the term of 
office4y<rars four years, and until their successors shall be elected and 
qualified to office, respectively; at which election the in- 
to vo°J Ual ' fied habitants of a district qualified to vote at the general elec- 
tion, shall be entitled to vote. The persons receiving the 
highest number of votes in a district shall be declared du- 
ly elected. 
Vacancies how Sec. 5 « When a vacancy shall happen in the office of 
filled justice of the peace in a district under this act, it shall be 

the duty of the clerk of the county commissioners' court 
of the county in which the vacancy shall so happen, to 
issue his order to the judges of election in the district, 
requiring them on a certain da), not less than twenty days 
from the date of such order, to hold an election to fill 
such vacancy, and the said judges shall at the time ap- 
pointed in said order, hold an election to fill such vacancy; 
and conduct the same, and make returns thereof, which 
shall be opened, examined, abstracts thereof made and 
transmitted to the secretary's office, in the manner direct- 
ed in the fourth section. 
^, . . Sec. 6. When a new countv shall hereafter be created, 

elections in ., , ... ,. , . r . . " , r , • • 

new counties it shall be the duty of the court of county commissioners 
thereof, at their first term, to divide the same into districts 
ns aforesaid, and appoint judges of election, and a time 

, and place for holding elections therein as aforesaid, and to 
cause the same to be entered of record; and if from any 
cause, the said court shall fail or, neglect the duty afore- 
said, at their said first term, it shall be their duty to 'hold 
a special term for that purpose; and the clerk shall make 

■ out copies of such record, and the sheriff shall post up 
the same, as is provided in the second section of this act; 
and elections shall be held therein, for just ices of the peace, 
returns thereof made, examined, and transmitted, in all re- 
spects as provided in the fourth section of this act; and 

justices of the peace so elected, shall continue in office un- 



JUSTICES OF THE PEACE AND CONSTABLES. 25} 

til the next quadrennial election of justices of the peace, 
and until their successors shall he elected and qualified. 

Sec 7. It shall be the duty of each and every justice 
of the peace, who shall be in office, on the first day of Justices nowia 
October next, to deliver over within ten days thereafter, office to deliver 
to the clerk of the court of county commissioners of his ^ 
county, all the statutes with which he may have been 
furnished by the state, and it shall be the duty of such 
clerk to receive and receipt for the same, and to 
deliver, on application, to each of the justices to be 
elected as aforesaid under this act, one set of said stat- 
utes; when justices shall be superseded at a quadrennial 
election, they shall deliver the statutes in their possession 
to tiie clerk as aforesaid, for the purposes aforesaid; and 
when any justice who shall be elected under the authority 
of this act, shall resign, be removed, or be superseded in 
office, except at the quadrennial election, or shall die, it shall 
be his duty, or in case of nib death, the duly of the person 
having possession of the statutes, with winch he shall have 
been furnished, within ten days after lie shall be succeed- 
ed in office, to deliver over such statutes to such successor. 
It shah be the duty of each of the justices of the peace, . 
who shall be in office on the first day of October next, with- 
in ten days thereafter, to deliver over to the nearest jus- 
tier of the peace, who shall then be in office under this act, 
all the dockets, books and papers, in his possession, rela- 
tive to the business transacted before him as a justice of 
the peace; and when any justice of the peace to be elect- 
ed under this act, shall be succeeded in office, it shall be 
his duty, or in case of his death, the* duty of the person 
having possession of his docket, hooks, and papers, relat- 
ing to the business transacted before him, as such justice, 
to deliver over the same, within ten days after being so 
succeeded, to his successor in office; and any justice of 
the peace, to wnorn any such docket, books and papers, 
shall be delivered, shall proceed in the unfinished busi- 
ness thereof, in all respects, .as though the business had 
hcen originally instituted before him. 

Sec. 8. The election of a justice of the peace, and the 

i p t ii i i i • iu „„ Elections how 

election of a constable, may be contested in the manner contested> ' 
prescribed by law for contesting the election of sheriffs. 

Sec. 9. Justices of the peace who shall be elected un- 
der the authority of this act, shall have jurisdiction in .TurisJictwm P : 

• i i ii i • • j u justices. &c. 

their respective counties, and shall be commissioned oy 
the governor, and sworn into office, as now required by 
law. 

Sec. 10. Any clerk, sheriff, justice of the peace, judge ; 
of the election, or other person, who shall fill, neglect or 



J58 JUSTICES OF THE PEACE AND CONSTABLES, 

Penahv Cordis- refuse, to perform any of the duties enjoined by this act, 
provisious^f relative to elections or the delivery of statutes, dockets, 
act books, or papers, shall, for any such failure, neglect, or 

omission, forfeit and pay for the use of the county, to be 
recovered by action of debt, in the name of the county- 
commissioners, in any court having jurisdiction thereof; 
if a judge of election, clerk, or sheriff, the sum of ten 
dollars, and if a justice of the peace the sum of one hun- 
dred dollars. 

Sec. n. On the first Monday in August next, and on 
Election of con- the first Monday in August every fourth year thereafter, 
stables. at t{le t j me of e | ec ^„g j U3 tices of the peace, there shall 

be elected in the same manner, two constables for each of 
Vacancies how sa *d districts, who shall continue in office for the same 
filled. term as Justices of the peace; and when a vacancy shall 

happen in the office of constable, it shall be filled in the 
manner prescribed for filling vacancies in the office of 
justice of the peace. And when a new county shall be 
created, two constables shall be elected in each district 
therein, in the same manner, at the same time, and to con- 
tinue in office for the same term, as justices of the peace 
are required, in new counties. 
Constables cer- Sec. 12. It shall be the duty of the respective clerks of 
tificate & bond the courts of county commissioners, to give to the consta- 
bles respectively, certificates of their election; and it 
shall be the duty of every constable so elected, before en- 
tering on the duties of his office, at the next term of the 
county commissioners 1 court, held for his county, after his 
election, to execute and deliverjn court a bond for the 
faithful performance of the duties of his office, condition- 
ed and payable as now required by law, with two or more 
sufficient securities, to be approved by said court: Which 
bond shall be filed with the clerk of the court for the be- 
nefit of the persons interested, or to become so; and it 
Bonrltobe ex- s ^ a ^ ^ e *- ne c ^ u ty °^ ever 7 sucn constable, at the end of 
ecuted annually every year thereafter, to execute and rile a new bond as 
aforesaid ; and upon failing to do so, it shall be the duty of 
the clerk of the court of county commissioners of his 
county, to treat his office as vacant; and order an election 
to fill such vacancy, as in other cases. 

Sec. 1 . Constables to be elected under this act, shall 
Const-Mes be sworn into office before entering on the duties of the 
Bwomintoof- fti CCi a s now required by law. So much of the act re- 
Law a repealed cited in the first seetion'of this act as provides for the ap- 
pointment of justices of the peace, is. hereby repealed; 
and so much of any law, as authorizes courts of county 
commissioners to appoint constables, shall be repealed. 
Proviso from and after the tenth day of September next. No- 






JUSTICES OF THE PEACE AND CONSTABLES. 25* 

thine: in this act contained, shall be construed so as to pre- 
vent any justice of the peace who shall be commissioned 
and qualified under this act, when there shall not be a 
constable in his district, from appointing a constable, as 
now required by law, who shall be qualified as now re- 
quired in such cases, and shall continue in office until su 
perseded by an election. 

[Approved, Dec. 30, 1826.] 

JUSTICES OF THE PEACE AND CONSTABLES. 

AN ACT concerning Justices of the Peace and Constables. \ n fopce ^ 

to J June, l8-«7. 

Sec. 1. Be it enacted by the People of the State of Illinois 
represented in the General Assembly, That the justices of the Jurisdiction of. 
peace in this state, shall have jurisdiction within their re-^ ls .^ es(rf thc 
spective counties, to hear and determine all civil suits, 4br l * * 
any debts or demands of the following description, viz; 
For any debt claimed to be due on a promissory note, con- 
tract or agreement in writing, where the whole amount of 
such written contract, agreement or note, shall not ex- 
ceed one hundred dollars. For any debt due upon a ver- 
bal contract or promise for a valuable consideration, not 
exceeding one hundred dollars. For any debt claimed to 
be due for goods, wares or merchandize sold and deliver- 
ed; or for work or labor done or services rendered, where 
the amount claimed shall not exceed one hundred dollars. 
For any debt, claimed to be due for money had and re- 
ceived, for mo*cy lent, for money paid by the plaintiff for 
the defendant at his request, and for money received by 
the defendant for the plaintiff's use, not exceeding one 
hundred dollars. For any debt claimed to be due upon 
open and unsettled accounts between individuals, where 
the whole amount of the accounts of either party shall 
not exceed one hundred dollars. For any debt claimed 
to be due upon any settled account, where the balance 
settled and ascertained between the parties, and remain- 
ing unpaid, shall not exceed one hundred dollars. For 
any debt ciaimed to be due upon a contract for rent, not 
exceeding one hundred dollars. For any debt claimed 
to be due for any specific article of property, whether due 
by bond, note, or verbal promise, not exceeding one hun- 
dred dollars. And for all debts claimed to be due, not. 
exceeding one hundred dollars, for which the action of 
debt orofassumpsitwouldlie: Provided, that nothing herein 
til be con-trued so as to vest a justice of the 



2GQ 



X 

JUSTICES OF THE PEACE AND CONSTABLES. 



istratoi s are 
parties 



Their docket 



Where execu- p ea ce with jurisdiction, in any case in which an executor 
or administrator shall he a party, where the sum demand 
ed exceeds twenty dollars; except for debts due for pro- 
perty purchased at ar executor or administrator's sale, 
when the same does not exceed one hundred dollars. 

Sec. 2. That it shall be the duty of every justice, 
whenever a suit snail be commenced before him, to record, 
in a book kept for ihat purpose, the names of the parties, 
the amount and nature of the debt sued for. the dale and 
description of the process issued, and the name of the of- 
ficer to whom such process shall be delivered ; and through- 
out the whole of the proceedings in any ^uit, it shall be 
his duty, whenever any process shall he issued or return- 
ed, or any order made, or judgment rendered, to make a 
written memorandum of the same, in the same book, and 
to file and safely keep all papers given him in charge. 

Sec. 3. Every suit before a justice, except such as are 
hereinafter provided for, in a different manner, shall be 
commenced by summons, which shall be in the following 
form, as nearly as the case will admit, viz: 



Summons 



People of the State of Illinois, to 
any Constable aj said County* 



B. to 



an 



State of Illinois,) Th 

Count v. $ 

Greeting: 

You are hereby commanded to summon A. 

pear before me at on the day of 

at o'clock to answer the complaint of C. D. for 

a failure to pay him a certain demand not exceeding one 

hundred dollars; and hereof make due return as the law 

directs. Given under mv hand and seal, this day of 

11)2 JOHN DOE, J. i\ 



In which summons the Justice shall specify a certain place, 
day and hour, for the trial, not less than live, nor more 
than .fifteen days from the date of such summons; at which 
S . . _ i time and place the defendant is to appear; which process 
shall be served at least three days before the time of trial 
mentioned therein, by reading the same to the defendant 
or defendants. 

Sec 4. if, previous to the commencement of a suit, the 
plaintiff shall make oath that there is danger that the debt 
or claim of such plaintiff will be lost/unless the defendant. 
be held to bail, and shall state, under oath, the cause oi 
SucK danger, so as to satisfy the justice that there is rea- 
son to apprehend such loss, the justice shall issue a war- 
. rant, which shall he in the following form, as nearli 
the ca»e will admit ^ fz: 



JUSTICES OF THE PEACE AND CONSTABLES. 261 

State of Illinois,) The People of the State of Illinois, to Capias 
County;} any Constable of said County ^Gngeting: 
You are hereb) commanded to take the body of 
and bring him forthwith before me, unless special bail 
be entered; and if such bail be entered, you will then 
command him to appear before me at on the day 

of at o'clock to answer the complaint of 

A. B. for a failure to pay him a certain demand not ex- 
ceeding one hundred dollars; and hereof make due return 
as the law directs. Given under my hand ai-d seal this 
day of 182 JOHN DOE J. P. 

And in all cases the defendant shall have a right to re- 
lease hi?, or her body arrested by virtue of such process, by 
giving special bail to the constable executing the same, s l )ecialban 
which shall be endorsed on the back of the warrant in the 
following form, as nearly as the case will admit, viz: "J, 
G. F. acknowledge myself special bail for the within nam- 
ed C. D. Witness my'hand this day of 182 G. F." 
Which endorsement shall be signed by one or more secu- 
rities to be approved by the constable taking the same, 
and shall have the force and effect of a recognizance of 
bail> the condition of which is, that the defendant if judg- 
ment shall lie given against him or her, will pay the same Effect thereof 
with costs, or surrender his or her body in execution, and 
in default of such payment or surrender, the goods and 
chattels o{ the bail s all be liable for the payment of the 
judgment and costs: Provided, that if the body of the dc- Proviso 
fondant shall be rendered in execution by himself or his 
bail, within thirty days after the issuing of such execu- 
tion, or if a sufficiency of the defendant's property shall 
be found to satisfy the judgment and costs, the bail shall 
be exonerated; but if neither the body of the defendant 
shall be surrendered, nor a sufficiency of his or her pro- 
perty can be found within the lime aforesaid, to pay the 
judgment and costs, then the justice shall issue execution 
against the bail, who shall be dealt with in tiic same man- 
ner as if he were defendant. 

Sec. 5. If the defendant shall not appear at the time of 
trial, after giving bail as aforesaid, or after being served J^ S^ef?* 
with a summons, as described in the third section of this 
act, and no surlicient reason be assigned to the justice, 
why he or she docs not appear, then the justice shall pro- 
ceed to hear and determine the cause, in the absence of 
said defendant, but shall not give judgment in favor of 
the plaintiff, unless the said plaintiff shall fully prove his 
demand in the same nqpnner as if the defendant had been 
sent and denie ! tlfe same. 



262 JUSTICES OF THE PEACE AND CONSTABLES', 

Plaintiff not ap. g EC , $. If the plaintiff or his agent shall not appear at 

5e dismissed 10 tne ^ me appointed for the trial aforesaid, and no sufficient 
reason shall be assigned to the justice, why such plaintiff 
or his agent does not appear, the justice shall dismiss the 
suit, and the plaintiff shall pay the costs, unless the de- 
fendant shall consent, that such suit shall be continued to 
another day, in which case, the s;ime proceedings shall 
take place at the second day, so fixed for the trial as above 
provided; but this section shall not require the dismissal 
of a suit on a note placed in the hands of a justice for 
collection. 

Sec. 7. If two or more persons shall be sued jointly, 

Appearance of before any justice of the peace, and all of such defen- 
dants shall have had notice as aforesaid, by warrant or sum- 
mons, the appearance of any one of the said defendants, 
at the time of trial shall be sufficient to justify the said 
jnstice in proceeding as if all were present; and if none 
of said defendants shall appear after such notice, the jus- 
tice shall, if the plaintiff's demand, be established as afore- 
said, proceed as in other cases of default; and in either of 
the aforesaid cases, the justice shall not divide the amount 
of the debt proved among the defendants, but shall give 
one entire judgment for the whole amount proved to be due 
against so many of the defendants jointly, as shall be pro- 
ved to be jointly indebted to the plaintiff. But if it shall 
appear to the justice, that any two or more of the defen- 
dants are severally indebted to the plaintiff, upon separate 
and different debts, or causes of action, or upon several 
or different promises or contracts, such plaintiff shall not 
be allowed to prosecute his suit against such defendants 
jointly. When there are several joint debtors, and all 
cannot be served with process, the justice may render 
judgment against such as are served with process. 

Sec. 8. Previous to the commencement of any trial be- 

Continuance f ore a j us tice of the peace, either party may move to have 
such trial put off for a time not exceeding ten days, upon 
making proof, either upon his own oath, or that of a credi- 
ble witness, that the said party cannot safely proceed to trial, 
on account of the absence of a material witness, or on ac- 
count of any other cause or disability, which would pre- 
vent him from obtaining justice at such trial; and if the 
justice be satisfied, that the party so applying cannot safe- 
ly proceed to trial; and also that the party so applying 
has used due diligence to be ready at the time of trial first 
appointed, and that his not being ready is not the effect of 
such party's own neglect or intention; then the said justice 
shall order the (rial of said cause to be deferred to anoth- 
er day and hour, within ten days to be by him appointed; 



^> 



JUSTICES OF THE PEACE AND CONSTABLES. 26,? 

and the party praying such continuance, shall pay all the 
costs occasioned thereby: Provided, the justice may Proviso 
at anytime continue any case without oath, if the parties 
consent, or if but one party be present, and shall consent, 
or if he shall deem it essential to justice so to do, for any 
good cause shewn. 

Sec. 9. When the parties shall appear and be ready Trial and judg- 
for trial, the justice shall proceed to hear and examine m 
their respective allegations and proofs, and shall thereon 
give judgment against the party, who shall be proved to be 
indebted to the other, for so much money in dollars and 
cents, as shall appear to be due, with the costs of suit; but if 
neither party shall appear to be indebted to the other, 
then the judgment shall be against the plaintiff for the 
costs of suit only; and if such judgment be rendered up- 
on any note or bond, or for the balance due upon a settled ac- 
count, the justice shall allow interest from the time when 
the same became due, and include the same in the said 
judgment; and in all cases the judgment shall bear inter- 
est at the rate of six per cent, per annum, until paid. 

Sec. 10. The justice shall endorse on the back of eve- Endorsement 
ry summons, or warrant, the sum demanded by the plain- on process 
tiff, with the costs due thereon, and the defendant may pay 
the same to the constable in whose hands such process 
may be, who shall give a receipt therefor, which shall ex- , 
onerate the defendant from debt and costs. 

Sec. 11. All evidence before a justice of the peace Evidence 
shall be under oath, and by parol, except where it shall 
be necessary to exhibit the signature, or hand writing of a 
party against him, and except such evidence as shall be 
taken by deposition, as hereinafter mentioned. 

Sec. 12. No party to any suit before a justice shall be Denial of writ- 
permitted to deny his or her signature to any written in- In f, tobsUQck '- 
itrument upon which such suit shall be founded, or which 
shall be offered as a set-ofKoracquittanee forthe debt deman- 
ded in such suit, unless the said denial be under the oath 
of the party, so denying the signature purporting to be 
his or her own. 

Sec 13. If any witness residing within the county 
wherein a*uit shall be pending before a justice, shall be 
unable to attend on account of age, sickness or other cause, De P 05lU015 * 
it shall be lawful for the justice before whom such suit 
shall be pending, or some other justice of the county to 
take the deposition of sue!) witness in writing: and the 
justice before whom the suit shall be pending, shall ad» 
journ the trial, not more than six days for that purpose, and 
shall give both parties notice of the time and place of tak- 
ing such deposition. 



m 



JUSTICES OF THE PEACE AND CONSTABLES. 



r Sel--fr 



All claims to 


ha tried 


in one 


aetion 





"Subpcena for 

witnesses 



Compensation 

M uil.-iLSSCS 



Sec. 14. If any witness whose testimony shall be ma- 
terial in a suit pending before a justice, shall reside out of 
the county, wherein such suit shall be pending, the party de- 
siring it, may take his, her orlheir deposition or depositions, 
before any justice of the peace in the county in which 
such witness or witnesses reside; and the depositions ta- 
ken in conformity thereto, may be given in evidence in 
said suit, if it shall be made to appear that the opposite 
party had reasonable notice of the time and place of tak- 
ing such depositions. 

Sec. 15. No defendant shall be permitted to introduce 
at the trial as a set-off, any note, bond, debt, or claim 
agairst the plaintiff, which such defendant shall have pur- 
chased after the commencement of the suit. 

Sec. 16. In all suits' which shall be commenced. before 
a justice of the peace, each parly -hail bring forward all 
his or her demands against (he other, which are of such a 
nature as to be consolidated, and which do not exceed one 
hundred dollars, when consolidated into one action or de- 
fence; and on refusing or neglecting to do the same,shall 
forever be debarred from the privilege of suing for any 
such debt or demand. 

Sec. 17. When either party shall require the atten- 
dance of a jvitness, in any suit pending before a justice, it 
shall be the duty of the justice to issue a subpoena in the 
following form, as nearly as the case will admit, viz: 



State of Illixoi.- 
C( 



LL1XOIS.") 

Bounty. 4 



The People of the State of Illinois, to 
A. B. 



You are hereby commanded to appear before me at 
on the day of at o'clock, 

then and there to testify the truth, in a matter in suit 
wherein C. D. is plaintiff and E. F. defendant, and this 
you arc not to omit under the penalty of the law. Giv- 
en under ray hand and seal this day of 182 

JOHN DOE, J. P. 
Which subpoena may be served by a constable, or any oth- 
er person, by reading the same to the witness, but no mil- 
age shall be allowed to the person serving the same. 

Sfx. 13. Each witness so summoned, shall be entitled 
to fifty cents f<>;- attendingon each trial, to be taxed with 
the other costs of suit, and paid when the debt and costs 
are collected; hut if more than two witnesses shall be 
sworn in any ease, to testify to one fact on the same side,, 
the party requiring such extra witnesses shall be at the 
whole expense of procuring the same; but no such fee 



JUSTICES OF THE PEACE AND CONSTABLES. 265 

shall be taxed by the justice, unless claimed by the wit- 
ness attending. 

Sec. i9. If both parties agree to have a difference de- Trial without 
tided by a justice of* the peace, without process, he shall l ,roce6S 
enter tiie same on his docket, noting particularly such con- 
sent, and proceed as in other cases. 

Sec. 20. In all cases the parties to a suit before a jus- 
tice, shall have the privilege of refering the difference be- Arbltratlpu 
twecn them, to arbitrators, mutually chosenjby them, who 
shall examine the matter in controversy, and make out 
their award thereon in writing, and deliver the same to the 
justice, who shall enter the said award on his docket and 
give judgment according thereto. 

Sec. 21. At any time before judgment is given in any 
-uit before a justice, either party may demand to have Trial byjuty 
the cause tried by a jury, provided the matter in contro- 
versy exceed twenty dollars: whereupon it shall he the du- 
ty of the justice to issue his writ directed to any consta- 
ble commanding him to summon a jury of six men, or 
twelve, if a less number be objected to; and the said ju- 
ry shall be empannelled as soon as may be, the justice ad- 
journing the cause if necessary to any time not exceeding 
three days for that purpose. . The jury when empannel- 
led, shall he sworn Uy the justice to try the case accord- 
ing to the evidence; -and the justice shall, enter judgment 
upon their verdict, according to the finding thereof. The 
following shall be the form of the writ for summoning ju- 
rors, viz: 

State of Illinois,) 
County, ) 
The People of the State of Illinios, to any Constable of said 

County, Greeting: Vetn.fe 

We command you to summon lawful men of your 

county to appear before me at on the day of 

182 who are not of kin to plaintiff, or to 

defendant, to make a jury between said parties in 
a plea of because as well the said plaintiff as the 

said defendant have put themselves upon the country for 
trial'; and have you then there the names of the jury and 
'his writ. Witness my hand and seal this day of 182 

JOHN DOE, J. P. 
. 22. In all cases where a witness shall he duly serv- At ( ach ,neut 
ed with a Subpoena, and shall fail to attend at the trial, con- against witnes* 
formably thereto; and in all cases where a person shall 8es aml J tlrrvT; 
be summoned as a juror to try any cause before a justice 
of the peace, and shall fail to attend at the time and place 
appointed in such summons, the justice shall have power 
ue art attachment, directed to any constable of the 

• 



26Q JUSTICES OF THE PEACE AND CONSTABLES 

county, commanding him forthwith to bring before such 
justice, the body of such juror or witness so failing to at- 
tend as aforesaid, to shew cause why he should not be fined 
for such contempt; and on the appearance of such juror 
or witness on such attachment, it shall be lawful for the 
justice of the peace to fine him in any sum not less than 
one d liar nor more than ten dollars, or wholly discharge 
him, if satisfactory excuse be made. 

Sec» 23. If any juror summoned as aforesaid shall be 
interested in the event of the suit or of kin to either party, 
Sro» fiCatiDn ° f or sha ^ ^ave ex P ressea * his opinion on the matter about to 
be tried, or shall for any othercause to be judged of by the 
justice, be considered as a partial or improper juror; in 
that case the justice shall discharge such juror, and when 
by such discharge, or the failure of any juror to attend, 
the jury shall not be complete, the justice shall dire< tthe 
constable to summon as many persons as shall be required 
to complete such jury instantly, from among the bystan- 
ders or other persons in his bailiwick; which summons 
shall be verbal; and the persons so summoned shall be 
bound to serve on such jury, and on refusal or failure to do 
so, may be attached and fined for contempt as aforesaid. 
Sec. 24. Every person who shall appear before a jus- 
Fine for misbe- tice of the peace when acting as such, or who shall be pre- 
havjour gej ^ a ^. an ^ j e gp a j proceeding before a justice, shall de- 

mean himself in a decent, orderly and respectful manner;- 
and for failure to do so, such person shall be fined by the 
said justice for contempt, in any sum not more than five 
dollars. 

Sec. 25. Previous to the commencement of any trial 
before a justice of the peace, the defendant or his or her 
Removal oftn- a g 8n t may make oath that it is the belief of such depo- 
justice to anoth Iien t that the defendant cannot have an impartial trial be- 
er fore such justice: whereupon it shall be the duty of the 
justice, immediately to transmit all the papers and docu- 
ments belonging to the suit, to the nearest justice of the 
peace, who shall proceed as if the said suit had been insti- 
tuted before him. 

Sec 26. No execution shall be issued by a justice of 
Execution to the peace, until after the expiration of twenty days from 
b« staged 20 the date of the judgment, on which such execution is to 
be issued, unless the party applying for the same, or the 
agent of such party, shall make oath that he believes that 
the debt will be lost, unless execution be issued forthwith. 
If such oath be made, then the execution shall be issued 
immediately, and levied, but no sale of any property, un- 
der such execution shall take place within twenty days 
from the date of the judgment; nor shall the issuing qf 



JUSTICES OF THE PEACE AND CONSTABLES. 26? 

such execution deprive either party of the right to ap- Appeal 
peal. 

Sec. 27. All executions issued hy a justice of the peace 
shall be directed to any constable of the proper county, issue ti, &c 
and made returnable to the justice issuing the same, with- 
in seventy days from the date; such executions shall be 
levied only on personal property, and shall be in the fol- 
lowing form as nearly as may be, viz: 

State of Illinois,) 

County. £ , cjja 

The People of the State of Illinois, to any Constable of said t j on 
County, Greeting: 

We command you that of the goods and chattels of A. 
B. in your county, you make the sum of dollars and 

cents debt and dollars and cents costs, 

which C. D. lately recovered before me in a certain plea 
against the said A. B. and hereof make return to me 
within seventy days from this date. Given under my hand 
and seal this day of 182 

JOHN DOE, J. P. 

Sec. 28. When it shall appear by the return of any ex- Execution tQ y. 
ecution issued as aforesaid, that the defendant has not per- sue to a foreign 
sonai property within the county, sufficient to satisfy the county 
debt, and it is desired by the plaintiff to have execution is- 
sued to some other county in which it is alleged that the 
defendant has personal property, the justice shall issue 
execution directed to any constable of the county, where 
such property shall be said to be, to which execution, shall 
be attached an official certificate of the clerk of the cir- 
cuit court of the county in which the same shall be issued, 
setting forth, under the seal of said court, that such jus- 
tice so issuing, was at the time of the issuing of s;;id exe- 
cution, a justice of the peace, in and for said county; and 
no constable shall be bound to execute any such process 
unless so authenticated. ' 

Sec 29. When it shall appear by the return of the ex- 
ecution first issued as aforesaid, that the defendant has roa7property 
not personal properly sufficient to satisfy the debt and 
costs within the county, in which judgment was rendered, 
and it is desired by the plaintiff to have the same levied 
on real property, in that, or any other county, it shall be 
lawful for the justice to certify, to the clerk of the circuit 
court of the county in which such judgment was render- 
ed, a transcript, which shall be filed by said clerk, and the 
judgment shall thenceforward, have all the effect of a 
judgment of the said circuit court, and execution shall is- 
sue thereon, out of that court as in other cases 



2£8 JUSTICES OF THE PEACE AND CONSTABLES,. 

Appeals within § EC# 30, Appeals shall be granted from the judgments of 
justices of the peace, in all cases, provided the appeal be 
demanded, and security tendered, within twenty days after 
the rendering the judgment. 

Sec. 31. When either party shall desire to appeal from 
pealiug 8P ~ the judgment of a justice of the peace, such party shall 
receive from the justice a copy of the judgment from 
which he wishes to appeal, and shall produce the same to 
the clerk of the circuit court of the proper county; and 
the said party shall within twenty days from the date of 
the said judgment, enter into bond in the office of said 
clerk, in a penal sum sufficient to cover said judgment and 
all costs, with security, to be approved by said clerk; 
which bond shall be conditioned to pay the debt and costs 
in case the judgment shall be affirmed on the trial of said 
appeal; and if upon the trial of any appeal, the bond re- 
quired to be given by this section, shall be adjudged infor- 
mal, or otherwise insufficient, the party who executed such 
bond shall in no wise be prejudiced by reason of such in- 
formality or insufficiency: Provided, he will in a reason- 
able time, to be fixed by the court, execute and file in said 
court a good and sufficient bond. 

Sec. 32. Upon the execution of such bond, the clerk 
CJerk to issue a shall issue a supersedeas, enjoining the justice and consta- 
eupersedeas ble from proceeding any further in said suit, and suspend- 
ing all proceedings in relation thereto, and shall issue a 
summons to the appellee to appear at the term of the 
court to which the appeal is returnable, noting therein, 
the day when the same shall be set for trial; which sum- 
mons shall be executed ten days before the day of trial, as 
in other cases. 
Appellee not Sec. 33. Upon the return of said summons, if it shall 
appearing cau- appear that the appellee is not found in the county, the 

tmued 11 beC ° B court slla11 continue tne case until tne " ext term, and shall 
then proceed to try the case. 

Sec. 34. So soon as the clerk- shall ksue a supersedeas as 
Justice & con- aforesaid, the justice who gave the judgment, and any con- 
^roceedings 7 s ^ble in whose hands an execution or other process may 
be, in relation thereto, shall suspend all further proceed- 
ings thereon: and the said justice shall return ail the pa- 
pers and a transcript of the judgment he had given, to the 
clerk of said court, with a certificate under his hand, that 
the said transcript and papers contain a full and perfect 
statement of all the proceedings before him; and the said 
court shall hear and determine the said appeal in a sum- 
mary way. without pleading in writing, according to the 
justice of the case. 

Sec. Sr>, The circuit court shall at any time admit such 



JUSTICES OF THE PEACE AND CONSTABLES. 269 

rimendmcnls of the papers and proceeding?, as may be ne- Amendment* 
cessarv, to a fair trial of the case upon its merits; and ex«*< l * l)eis 
ecution may issue on the judgment of said court, in the 
same manner as if the cause had been originally institu- 
ted in said court. 

Sec 36. The judges of the circuit and probate courts » 

shall have power within their respective jurisdictions, and 
it shall he their duty, upon application, made as hereinaf- 
ter mentioned, to grant writs of certiorari to remove cau- 
ses from before justices of the peace, into the circuit court, 
who shall endorse an order for the same, upon the petition 
of the party praying such writ, and on producing the same to 
the clerk of the circuit court, he shall issue said writ in 
conformity to the provisions of this act. 

Sec. 37. The petition on application for writs of certio- 
rari shall set forth and shew upon the oath of the applicant P e( ' tlon there- 
that the judgment before the justice of the peace, was 
not the result of negligence in the party praying such 
writ; that the judgment in his opinion is unjust and erro- 
neous, setting forth wherein the injustice and error con- 
sist, and that it was not in the power of the party to take 
an appeal in the ordinary way, setting forth the particular 
circumstances which prevented him from so doing. 

Sec. 38. No writ of certiorari shall issue after the ex- Lim ^t''onto 

. . c . > r ,i i. /..i-i writs of certio- 

pi ration oi six montns irom the rendering of the judg- ran 
ment. 

Sec. 39. Before any writ of certiorari shall issue, the 
party applying therefor shall give bond, with security, in Bond on ceni- 
the same manner, and with the same conditions, and when 
the same shall be defective, may be perfected as bonds in 
cases of appeals from justices of the peace. The writ of Substance of 
certiorari shall require the justice to certify to the circuit wr,t 
court, a transcript of the judgment and other proceedings 
had before him; and in no case shall the justice be re- 
quired to send up a minute or memorandum of the evi- 
dence given before him; but upon the return of said writ, 
such proceedings shall be had thereon, as in cases of ap- 
peals. 

Sec 40. If the judgment of the justice shall be revers- 
ed by the circuit court, in whole or in part, such reversal Itevewaioi 
shall not vitiate any sale on execution, which shall have j?'|f ' !*f * V ' 
hecn ettected before the issuing of the writ of certiorari; 
but in such cases, the circuit court shall have power to Damages com*, 
assess the damages, which shall have accrued, in eonsc- i mLed 
quencc of such sale, and (o cause judgment to be enter- 
ed, or a deduction made therefor: and in all cases of a 
parfin] reversal of judgment, either in ca«r^ o[ appeal^, 



270 



JUSTICES OF THE PEACE AND CONSTABLES^ 



Costs 



Stay of pro- 
ceedings before 
justices 



Constable to 
take ail oath 



and give bond 



within 30 clays 



Proceedings a- 
gaii.st const ' 'c 
tor not paying 
aver moncj 



or certiorari, the court shall have power to apportion the 
costs between the parties, according to justice. 

Sec. 41. The justice of the peace, constable, and oth- 
er persons concerned, shall, as soon as the writ of certio- 
rari shall be served, stay all further proceedings in that 
case, until the further order of the circuit court. 

Sec. 42. Every constable, before he shall enter upon 
the duties of his office, shall take the following oath: "I 
do swear, that I will faithfully discharge the duties of my 
office, as constable, within the county of according to 
the best of my understanding and abilities, so help mc God." 
Which oath shall betaken before the county commissioners' 
court, or before any justice of the peace of the proper 
county; and the justice or clerk administering said oath, 
shall make a certificate thereof, and cause the same to be 
filed in the office of the clerk of the said court. 

Sec 43. Every constable, before he shall enter upon 
the duties of his office, shall execute and deliver to the 
clerk of the county commissioners 1 court, of the proper 
county, a bond, to be approved by said clerk, with one or 
more good and sufficient freeholders, as his securities, in 
the sum of five hundred dollars, conditioned that he will 
faithfully discharge the duties of his office of constable; and 
that he will justly and fairly account for, and pay over, all 
moneys that may come to his hands, under any process or 
otherwise, by virtue of his office; the said bond shall be 
made payable to the county commissioners of the county 
in winch such constable shall, be appointed, and their suc- 
cessors, for the use of the people of the state of Illinois, 
and shall be held for the security and benefit of all suit- 
ors and other persons who may be interested in, or be* 
come injured, by the official conduct of such constable. 

Sec -i4. If any constable shall not, within thirty days 
after his election or appointment, take the oath, and give 
bond as aforesaid, the said constable shall not be permit- 
ted after that time, to be so qualified, or to take his said I 
office; but the said office shall be considered as vacant^ 
and shall be rilled accordingly. 

Sec 45. If any constable shall neglect or refuse to pay- 
over, on demand, any money collected by him, to the 
plaintiff' or his agent, the circuit court of the proper coun- 
ty, mav, on motion of the party aggrieved, or his attor- 
ney, give judgment in favor of such aggrieved party, 
against such constable, for the amount of the money so by 
him retained, with twenty per cent, damages thereon, and 
costs; and execution shall forthwith issue thereon; and 
the same shall not be replevied: Provided, that the said 



JUSTICES OF THE PEACE AND CONSTABLES. 271 

constable shall have ten days notice, previous to the mak- 
ing of said motion. 

Sec. 46. If the demand or debt of any plaintiff shall 
be wholly or in part lost, by the neglect or refusal to act, Dama S PSa -,, 
of any constable, or it any special damage shall arise to ?or miscomuuet 
any plaintiff or defendant by the misfeasance or nonfeas- 
ance of any such constable, in the discharge of any official 
duty, the party aggrieved may have his action for damages 
in the circuit cflurt, against such constable, for the injury 
so sustained; and shall have judgment and execution, 
which shall not be replevied. 

Sec. 47. Upon the return of any execution issued riemedva akia* 
against a constable, in conformity with either of the two the constable 
preceding sections, or for any penalty imposed by law up- and h**^ 11 "? 
on any constable, if it shall appear that the said execution, UfiS 
or any part thereof, remains unsalisfied, it shall be lawful 
for the clerk of the circuit court, at the request of the par- 
ty aggrieved, to issue summons in the nature of a scire fa- . ,. . 

• • *■ \u i + !i j u- •*• ' By scire facia? 

«<7s, against the said constable and his securities, com- 

manding them to appear at' the next term of the said cir- 
cuit court, to shew cause, if any they have, why judg- 
ment should not be given against them for the amount of 
the penalty of their said bond; which summons shall be 
served ten days before the return day thereof; and on the 
return of said summons, the court shall award judgment 
against the said constable and his securities, for the whole 
of the penalty of said bond: after judgment obtained 
as aforesaid, the court may, from time to time, award ex- 
ecution against the defendants for money withholden or 
embezzled by said constable; or for penalties recovered 
of him; or for the amount of any jud :.rment rendered 
against him for any omission or Breach of doty: Provvled, 
that no execution shall issue as aforesaid, until after the 
defendants shall- have five davs 1 notice that such execution 
will be moved for. Said sc/m faciis shall issue on a copy 
of said constable's bond, which shall be furnished bv the 
clerk of the county commissioners' court, on demand, to 
the party aggrieved. 

Sec. 18. All bonds which shall be given bv constables Bondi to lie ip 
hereafter, shajl remain in force u ntil the expiration of five 0,ce yea13 
years after the term of service of the constable giving the oJfJ bomisnpt 
same shall have been concluded: and where bonds shall vacated by ne* 
be renewed in conformity with an act approved Decern- nnes 
ber 30, 1326, entitled 4 * An act to provide for the appoint- 
ment of justices of the peace and constables," the giving 
of a new bond by any constable, shall not satisfy or vacate 
any bond previously given by the same constable; but, 
each bond shall stand good in relation to all matters and 



272 



JUSTICES OF THE PEACE AND CONSTABLES- 



Constable to 
keep the peace 



Constable pro 
(em in certain 
eases 



things officially done or committed, or which ought to 
have been so done, within the year for which such bond 
shall have been given. 

Sec. 49. It shall be dutvof every constable when any 
felony or breach of the peace shall be committed in his 
presence, forthwith to apprehend the person committing 
the same, and bring him before some justice of the peace, 
to be dealt with according to law: to suppress all riots 
and unlawful assemblies, and to keep the peace, and also 
to serve and execute all warrants, writs, precepts, and 
other process, to him lawfully directed, and, generally, to 
do and perform all things appertaining to the office of 
constable within this state. 

Sec. 50. If any justice of the peace, or constable, shall 

Palpable omis- fail, refuse, or neglect to perform any duty appertaining 

son ot duty to ^g fft ce9 w i len requited, or shall refuse to act as such 

justice or constable, when required, he shall be deemed 

guilty of a palpable omission of duty, and, on conviction, 

shall be punished accordingly. 

Sec. 51. Any justice of the peace may appoint a suita- 
ble person to act as constable in a criminal or other case, 
where there is a probability that a person charged with 
any indictable offence, will escape, or that goods and chat- 
tels will be removed, before application can be made to a 
qualified constable; and the person so appointed, shall act 
as constable in that particular case, and no other; and any 
temporary appointment so made as aforesaid, shall be 
made by a written endorsement, under the seal of the 
justice, deputing, on the back of the process, which the 
person receiving the same shall be deputed to execute. 

Sec. 52. The personal property o( every defendant in 
a judgment, before a justice of the peace, .shall be bound 
for the payment of such judgment, from the delivery of 
the execution to the constable, issued thereon; and the 
real property of such defendant shall be bound as afore- 
said, from the date of the filing of a transcript of the judg- 
ment in the clerk's office, as provided in this act. 

See; 53. Every constable to whom an execution shall 
Gontable to en- be delivered, shall endorse on the back of the same an ex- 
recdv?nge?e-° f act memorandum of the day and hour when the same 
cation ' shall have come to his hands, and shall immediately 

Levyofexecu- p rocee d to levy the same; endorsing also on the back of 
the execution the dale of such levy, and making an exact 
inventory of the property on which the same shall have 
been levied, and shall appoint a day and hour for the sale 
of said property, giving ten days previous notice of such 
sale, by advertisement in writing, to be posted up at three 
of the most public places in the county; and on the day 



Lien of judg- 
ments and ex 
^utions 



tion 



And notice of 
sale 



J u'STICES OF THE PEACE AND CONSTABLES. 273 

so appointed, the said constable shall sell the property so 
levied on, or so much thereof as may be necessary to pay 
the debt, interest and costs, to the highest bidder. 

Sec. 64. Any constable shall be authorized to remove 
property levied on by him, when it shall be necessary for 
the sate keeping of the same; Provided, that if the de- 
fendant shall desire to retain the property so levied on, Forthcoming 
until the day of sale, it shall be lawful for the said con- bo&d 
stable to allow the defendant so to keep the same, if said 
defendant shall give bond to said constable, in double the' 
amount of the execution, with good security, conditioned 
for the delivery of said property, to the same constable, at 
the time and place of sale, to be named in said bond; and 
li the baid property shall not be delivered as aforesaid, at 
the time and place of sale, the constable having the exe- 
cution, may proceed to levy the same, upon the same or 
any other property of the defendant, or upon the proper- 
ty of the security in such bond, and shall sell the same, 
giving two da)s public notice of such sale, by advertise- 
ment to be posted at or.e public place. 

Sec. bo. When any person shall be appointed and qual- 
ified to act as a constable, it shall be the duty of the clerk Sheriff to Be 

c ii K .-.• W i , , • n i i .«- ,• to-iushed With 

oi the county commissioners' court, to notify the sheriff of | ist ot C0I1SU ~ 

the county of such appointment; and the said sheriff shall btes 

keep a list of the constables within his county ; and it shall 

be the duty of each sheriff to summon four constables, (if 

necessary) of his county, to attend at each term of the ^JE^ 

circuit court, giving them ten days notice, and taking attend the cir- 

them in rotation; which constables, when so summoned, mit courts 

shall attend, and act under the sheriff as his deputies, 

during the sitting of such court; and any constable failing 

to attend as aforesaid, or refusing to act as such deputy, 

may be lined by said court fur contempt thereof. 

Sec. 50. The justices of the peace within this state, , . 
i ii i \ i • • j. ii .i ill Justices may 

shall have power to administer all oaths required by law, administer all 

and not particularly directed to be otherwise administer- oalhs 

ed; and where any person who shall be required bylaw 

to take an oath shall be conscienseiously scrupulous am3a rmat,on *' 

ist taking such oath in the usual form, such person 
may affirm; which affirmation shall have the force and 
effect of an oath. 

Sec. 57. The following act?, viz: "An act providing for 
the appointment of constables" approved March 22, 11519: c8ie P eae 
»An act regulating appeals from justices of the peace and 
further defining their duties," approved February 12, 
1821: "An act supplemental to an act regulating appeals 
from justices of the peace and further defining their du- 
ties," approved February 14- 1821: "An act to regulatt 
35 



274 JUSTICES OF THE PEACE AND CONSTABLES, 

and define the duties of justices of the peace and con- 
stables," approved February 18, 1823: "An act regula- 
ting the mode of proceeding on writs of certiorari" ap- 
proved January 23, 1825: and so much of the 17tb sec 
tion of "an act concerning judgments and executions," 
approved January 17, 1825, and of "an act to regulate the 
taking of delivery bonds and for other purposes," approv- 
ed January ~7, 1825, as relates to the duties of consta- 
bles: and all acts and parts of acts coming within the spi- 
rit and meaning of this act, are hereby repealed. But 
no suits or rights pending, or arising out of any of said 
acts, shall be affected or impeded by this act. This act 
to take effect on the first day of June next. 

[Approved, Feb. 3, 1827.] 



JUSTICES OF THE PEACE AND CONSTABLES. 

In f<*ce Feb, AN A CT supplemental to the act entitled "An act concerning 
1% is-27 Justices oj the Peace and Constables" passed February 3d, 

1827. 

Be it enacted by the People of the State of Illinois represent- 
ed in the General Assembly, That justices of the peace 
Jurisdiction of s \ m \\ have jurisdiction, in addition to the jurisdiction con- 
pass and'trover ferred on them by the act entitled "An act concerning jus- 
tices of the peace and constables," passed February 3d, 
1827, in all actions of trespass on personal property, and 
in all actions of trover and conversion, when the damages 
claimed in any of the above specified actions do not ex- 
ceed -twenty dollars. 

[Approved, Feb. 12, 1827.] 



JUSTICES OF THE PEACE. 

Mv™m7 ^ ACT t0 extend the jurisdiction of Justices of the Peace. 

Sec 1. Be it enacted by the People of the State of Illinois, 

represented in the General Assembly, That hereafter the 

Jurisdiction in j us ^ lces °f * ne P ea ce of the several counties of this state, 

case of assault shall have jurisdiction of all cases of assaults, and of as- 

and battery sault and battery, and affrays: and upon the knowledge 

of any justice of the peace, or information of any person 

upon oath (except the party offending) shall issue hie 

warrant to any constable of said county, for the arrest ot 



JUSTICES OF THE PEACE AND CONSTABLES. S» 

such person as may be charged with either of said offen- Warrant 
ces; and upon the arrest of such person, shall order the 
constable attending the trial, to summon six jurors of the 
neighborhood, not in any wise related to either of the iTary 
parties (unless the party accused shall dispense with such 
jury or require twelve, in which case twelve jurors shall Verdtcf 
he summoned) which jury, when summoned, shall attend* 
and after being sworn, if they find the defendant guilty, 
shall assess the fine such defendant shall pay: Provided, Fine 
the same shall not exceed one hundred dollars, nor be less 
than three dollars. 

Sec. 2. That upon the jury returning their verdict of Ju(1 gmeI g 
guilty, and the assessment of the fine, the justice shall 
record the same in his docket or record book, and pro- 
ceed to render judgment thereon for the amount of the 
said fine and costs; but if the jury return a verdict of not 
guilty, the justice shall record the same, and discharge 
the defendant or defendants without costs. 

Sec. 3. That upon the rendition of such judgment, the 
justice shall immediately issue execution against the said CjXaM l -° a 
defendant or defendants, for the amount of the fine, and 
all cost>; which said execution may be levied upon any 
personal property of said defendant or defendants, and the 
same shall be sold for whatever it will bring in cash, the 
constable giving twenty days public notice of the day 
of sale, by putting up written advertisements at three of 
of the most public places in the county: Provided, kozcever, Property ex- 
that if the party convicted under this act, have a family, empte 
then the constable shall reserve from execution, one bed 
and bedding, one cow, and ten dollars worth of house- 
hold and kitchen furniture. 

Sec. 4. If the constable shall return upon such execu- 
tion, that the defendant or defendants have no goods and 
chattels whereof to make the money, the justice shall is* 
sue a capias against the body of the defendant or defend- 
ants, and the constable shall arrest such person or persons, 
and commit him or them to the jail of the county, there 
to remain forty-eight hours; and if the fine exceed ten 
dollars, then to remain in said jail twenty f.-ar hours for 
every five dollars over and above the said ten dollars, and 
so on in proportion to the amount of said fine. 

Sec 5. If any person who shall be convicted under this 
act shall wish to appeal to the circuit court, he shall signify ^Snp 
the same to the justice of the peace who gave the judg- therein 
ment, and the justice shall give him a statement of the 
amount of the fine and costs: and upon producing the 
same to the clerk of the circuit court of the proper coun- 
l write a bond to the people of the state 



276 



JUSTICES OF THE PEACE AND CONSTABLES. 



.T.udg'tof cir't 
com* 



Appeal in be- 
half ot the peo- 
ple and pro 
ceediogs there 



Judg't of cir- 
cuit court 



Party appeal- 
ing not be a 
•witness 



Wirn esses* 
names returned 
to circuit court 



Summons and 



of Illinois, in a penalty double the amount of the fine, 
and a sufficiency to cover all costs, conditioned for the 
pa\ merit of the amount of whatever judgment the court 
may render against said defendant, which the said party 
appealing shall execute, with sufficient security, to be 
approved of by the said clerk: and when such bond shall 
be executed, the clerk shall notify the justice who tried 
the cause thereof, and the said justice shall stay all fur- 
ther proceedings, and return the papers to the next suc- 
ceeding circuit court, when the same shall be tried, unless 
for good cause shewn, the court shall continue it: Provided 
all such appeals shall be prayed for, and the bond exe- 
cuted, within rive days after judgment rendered. 

Sec. 6. If the defendant shall be found guilty in the 
circuit court, (where the trial shall be by jury) judgment 
shall be rendered against both principal and security in 
the appeal bond, for the amount of the fine assessed by 
the jury in said court, and all co?ts that may have ac- 
crued. 

Sec 7. If any person shall be dissatisfied with the ver- 
dict of the jury given before any justice of the peace, 
because of the fine being too low, or because the defend- 
ant may have been acquitted, he shall be permitted to re- 
move the said case into the circuit court, upon his execu- 
ting bond to the people of the state of Illinois, before the 
clerk, (which bond the clerk shall write) in a penalty suf- 
ficient to cover all costs that have or may accrue, condition- 
ed for the payment of all costs, in case the defendant shall 
be acquitted, or the fine not increased; which bond shall 
be executed in ten days after the judgment of the justice 
shall have been given; and when said bond is executed, 
the clerk. shall notify the justice thereof, and said justice 
shall return all the proceedings to the said court: and if 
the defendant shall be acquitted in the circuit court, or 
the fine not increased by the jury, the court shall render 
judgment against the party who removed the said case 
into the circuit court, and his security in the appeal bond, 
for all costs occasioned by the appeal: Provided the party 
removing a case into the circuit court shall never be a 
witness against the defendant in the appeal in said court, 
upon the trial of such appeal. 

Sec. 3. When the defendant appeals to the circuit court, 
it shall be the duty of the justice, to return to the clerk 
when he returns the papers, the names of all material 
witnesses who testified against the said defendant, and the 
clerk shall issue subpoenas for the same. 

Sec. 9. When the case is removed into the circuit court, 
as provided by the seventh sort ion of this act, the party 



JUSTICES OF THE PEACE AND CONSTABLES". 277 

removing it shall cause a summons to be issued and serv- appearance 

ed upon the defendant, notifying him of the appeal; and 

if the defendant cannot be found in the county, to serve 

said process upon, the case shall not be continued; but 

the court shall cause his appearance to be entered, and 

proceed to trial, as though the defendant were present, 

and had filed the plea of not guilty. 

Sec. 10. Upon the trial of appeals, no exception shall Exceptions to 
be allowed to any process which the justice may have is- justices' papers 
sued, but all appeals shall be tried upon their merits. " olali0w ed 
And it shall be the duty of the attorney general and cir- Dat , ofatt f 
cuit attorney, of the proper county, to prosecute in all g.niand cir- 
such cases of appeals, without fee. cuit att *y 

Sec 11. If the person accused, shall, upon his appear- . 

ance before such justice, confess himself guilty of the d^ndau" 
charge against him, and dispense with the trial by jury, 
the justice shall hear the evidence, assess the tine, and 
render judgment thereon, and issue execution, as before 
directed, subject to appeal, as before provided for: Pro- 
vide?^ he shall not assess a higher fine than one hundred 
dollars, nor lower than three dollars. 

Sec. 12. All the oifences before described, which shall 
have been committed before this act takes effect, shall Offences con* 

, , ,-ii -ii »• .i muted before 

oeproceeaed upon, tried, and punished, according to the this act takes 
laws in existence at the time of their commission. effect 

Sec. 1 3. No person shall be proceeded against for the 
commission of any of the oifences herein enumerated, af- 
ter the expiration of twelve months from the time the of- 
fence was committed ; unless such offender shall withdraw 
himself from the county for the purpose of avoiding trial, 
in which case he shall be tried at any time within twelve 
months after his return or apprehension. 

Sec. 14. The constable charged with the collection of 
any fine under this act, shall account for and pay over to pay over ft !iei 
the county commissioners' court, at every regular term 
thereof, all moneys which he may have collected under 
this act; and upon a failure to do so, he shall forfeit and 
pay double the amount of money so received; to be re- 
covered in the name of the county commissioners of the 
proper county, for the use of the count), in any court 
having jurisdiction thereof. The constable shall also be 
authorised to receive all lines before execution issued, and 
shall account therefor and pay over the same, in the same 
manner, and under the same penalties as before provided. 

Sec 15. And it shall be the duly of each of the jus- 
tices of the several counties to return to the county com- Jf^y""" 
missioners' court, at each regular term thereof, a list of fines t000tu ^., 
ail fi re them as itating the name or names court 




Limitations to 
prosecutions 



278 



LANDLORDS AND TENANTS. 



of the defendant or defendants, and of the constable ox 
constables charged with the collection of said fine or fines, 
to enable the said court to settle with the said constables: 
and a failure of any such justice before whom any fine 
3hall have been assessed under this act, to make such re- 
turn, shall work a forfeiture of double the amount of the 
fines assessed before him, to be recovered as prescribed in 
the preceding section. 

Sec. 16. The county commissioners' court shall pay over 
to the county treasurers, respectively, all moneys by them 
received as aforesaid, and take his receipt therefor; which 
receipt shall be deposited with the clerk of said court, and 
by him preserved. And the county treasurer shall ac- 
count for said moneys in the same manner that he ac- 
counts for other public money by him received. 

Sec. 17. That no charge for jurors 1 or witnesses' fees 
shall be allowed either before the justices, or in the cir- 
cuit courts. 

Sec 1 8. All laws and parts of laws coming within the 
Laws repealed purview of this act, be, and the same are hereby repeal- 
ed. This act to take effect and be in force, from and ak 
ter the first day of May next. 

[Approved, Dee. 29, 1826.] 



No charge for 
jurors or wit- 
nesses 



In force Jane i 
1827 



LANDLORDS AND TENANTS. 

AN ACT concerning Landlords and Tenants. 



Sec. 1. Be it enacted by the People of the State of Illinois 
Action of debt ^presented in the General Assembly, That in all cases where 
^recover rent rent may be due and in arrear, on a lease for life or lives, 
and where lands shall be held and occupied by any person 
without any special agreement 'for rent, it shall and may 
be lawful for the owner or owners of such lands, or his, 
her or their executors or administrators, to sue for and re- 
cover such rent, or a fair and reasonable satisfaction for 
such use and occupation, by action of debt or assumpsit 
in any court having jurisdiction thereof. 

Sec 2. If any tenant or tenants for life, lives or for 
years, or any person or persons, who are, or shall come 
into possession of any lands, tenements or hereditaments, 
bv, from or under, or by collusion with such tenant or ten- 
ants, shall wilfully hold over any lands, tenements or here- 
ditaments, cifter the expiration of such term or terms, and 
after demand made, and notice in writing given, for the 
possession thereof, by his, her or their landlord or land- 



Tenants hold- 
iag over 



LANDLORDS AND TENANTS. <2?3 

lords, lessor or lessors, or the person or persons to whom 
the remainder or reversion of such lands, tenements or 
hereditaments shall belong, such person or persons so hold- 
ing over, shall for the time such landlord or rightful own- 
er, be so kept out of possession, pay to the person or per- 
sons so kept out of possession, or their legal representa- 
tives, at the rate of double the yearly value of the lands, 
tenements or hereditaments so detained, as aforesaid, to be 
recovered by action of debt or otherwise, in any court 
having cognizance of the same. 

Sec. 3. If any tenant or tenants, shall give notice of Tenants hold- 
his, her or their intention to quit the premises, by him, her, no t i^ ter gi ™~ 
or them holden, at a time mentioned in such notice, at 
which the tenant would have a right to quit by the lease, and 
shall not accordingly deliver up possession thereof; the said 
tenant or tenants, shall pay to the landlord or lessor, double 
the rent or sum which would otherwise have been due, to 
be collected in the same manner as the rent otherwise due 
should have been collected. 

Sec. 4. In all cases between landlord and tenant, where Where half 
®ne half year's rent shall be in arrear, and unpaid, and duT^un'aid 
the landlord or lessor, to whom such rent is due, has right lessor ma 
by law to re-enter for non-payment thereof; such landlord brit.g ejectment 
or lessor, may, without any formal demand or re-entry, 
commence an action of ejectment for the recovery of the 
demised premises. And in case judgment be given 
for the plaintiff in such action of ejectment, and the writ 
of possession thereon be executed thereon, before the rent 
in arrear and costs of suit be paid; then the lease of such 
lands shall cease and be determined, unless such lessee or 
lessees, shall by writ of error reverse the said judgment, 
©r shall by bill tiled in chancery, within six months 
after the rendition of such judgment, obtain relief from 
the same: Provided, that any such tenant or tenants, 
may at any time before final judgment, on said ejectment, 
pay or tender to the landlord or lessor of the premises, the 
amount of rent in arrear and cosisof suit, and the proceed- 
ings on such ejectment shall thereupon be discontinued. 

Sec. 5. Every tenant, who shall at any time, be sued 
in ejectment by any person, other than his or her landlord, Tenants to gte 
shall forthwith' give notice thereof to his or her landlord, EdKS^ 
or to his or her agent or attorney, under the penalty of for- sued 
feiting two year's rent of the premises in question, or the 
value thereof, to be recovered by such landlord, by action 
of debt in any court having cognizance thereof. 

Sec. 6. When any goods or chattels shall be distrain- Distress fc: 
ed for rent, and the tenant or owner cf the good> so dis- ren J ,1 T t0 
trained, shall not within five days after sucu distress taken, 



280 



LAWS, 



and notice thereof, and the cause of taking, replevy the 
same, with sufficient security according to law; the 
person distraining or his agent duly authorized, may with 
the sheriff or constable of the county, cause the goods and 
chattels so distrained, to be appraised, by two reputable 
freeholders, under oath; which oath may be administered 
by such sheriff or constable, to appraise said goods and 
chattels, according to their best judgment and understand- 
ing; the person making such distress on giving ten days 
notice, may sell such goods and chattels at public auction, 
and after retaining the amount of rent distrained for, and 
the costs of distress and sale, shall pay the overplus, if any 
there be, to such tenant or tenants. 

Sec. 7. This act repeals an act, as to proceedings in 

,icts repealed ejectment, distress for rent, and tenants at will holding 

over, approved February 23, 1819; but rights acquired 

under that act are not 'hereby affected. This act shall 

take effect on the first day of June next. 

[Approved, Feb. 13, 1827.1 



LAND CERTIFICATES. 

In force Dec ^N ACT to revive an net authorizing the conveyance of Land 
28, 1826 Certificates in certain cases. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That an act entitled 
"An act authorizing the conveyance of land certificates in 
certain cases," approved January 10th. 1825, is hereby 
declared to be revived, and to continue in force until the 
7th day of July next. This act to take effect and be in 
force from and after its passage. 

[Approved, Dec. 28. 1826.] 



LAWS. 



In force Dec. 
26, 1826 



AN ACT prescribing the manner of aat/fnuoAing acts of 
of the general assembly, which may become laics nolzcith- 
. standing the objections of the Council of Revision. 



Law returned 



Sec 1, 



!. Be it enacted by the People of the State of Illinois, 
by the council represented in the General Assembly, That whenever a bill, 

bow'autoa'- which shri11 lmve P assed both houses of lhe general nsscm- 
bafed bly, shall be returned by the council of revision, with ob. 



Laws. 28i 

ions thereto, and upon reconsideration, shall pass both 
houses by the constitutional majority, it shall be authentica- 
ted as having become a law, by a certificate thereon, to the 
following effect: "This bill having been returned by the 
Council of revision with objections thweto, and after re- 
consideration, having passed both houses, by the constitu- 
tional majority, it has become a law, this dav of 
which being signed by the speakers of the senate and of 
the house of representatives, respectively, shall be deemed 
^u-'Kcient authentication thereof; whereupon the bill shall 
he presented to the governor, to be by him deposited with 
the laws, in the office of the secretary of state. 

Sec. 2. Every bill which shall have passed both houses * 

of the general assembly, and shall not be returned by the Bills which be- 
council of revision within ten days, having thereby be- ^returned in 
come a law, shall be authenticated by the governor, caus- teada^s, &c 
ing the faot to be certified thereon by the secretary of 
state, in the following form: This bill having remained 
with the council of revision ten days (sundays. excepted) 
and the general assembly being in session, it has become a . 
few, this day of G. F. Secretary of State, 

[Approved, Dec. 26, 1826.] 



LAWS. 



AjY ACT to provide for the publication of the revised and Jnrorce Feh 
other laws of this state-, passed at the present session of the 19, 1827 
General Assembly. 

Sec 1. Be it enacted by the People of the State of Illinois 
represented in the. General Assembly, That there shall be Revised coda 
published an edition of two thousand copies of the revised jj^ be P ub ' 
laws of this state, which shall contain the following acts, 
to-wit: The declaration of independence of the United 
States; the articles of confederation of the United States; 
the constitution of the United States with the amend- 
ments; the constitution of the state of Illinois; a resolu- 
tion of congress declaring the admission of the state of 
Illinois into the Union ; and all acts of a public, permanent 
and general nature, passed, or to be passed, at the present 
session of the general assembly, except such acts or parts 
of act?, as shall have been repealed before the close of 
said session, arranged under proper heads, in alphabeti- 
cal order, according to their subject matter. There shall 
lie prefixed to the volume a table of contents; and at the 



iOi 



LAWS; 



Marginal notes, 
&c. 



Secretary of 
Stnte to sup^rin 
t*nd printing 



Authorized to 
contract for 
binding 



$ow to distri« 
-fcjite them 






end of the same, shall be added a full and complete iii- 
dex. 

Sec. 2. The laws required by the preceding section to 
be published, shall be comprized in one octavo volume, 
with marginal notes*, and the day when each act takes ef- 
fect shall be stated in the margin opposite the title, and 
the day on which the same was approved by the council of 
revision, or when it became a law, notwithstanding their 
objection*, 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 3. The secretary of state shall superintend the 
printing of all laws, and other acts, required by this act 
to be published, carefully comparing the proof sheets 
with the enrolled laws on file in his office, and causing all 
typographical errors, and errors in copying, which may be 
discovered in any page, to be corrected, before the same 
shall be printed. 

Sec 4. The secretary of sta.te is hereby authorized to 
contract with some person to bind the whole, or a part of 
the edition of revised laws, hereby required to be publish- 
ed, in good half binding, with leather backs and corners, 
and lettered with the words "revised laws of Illinois;" and 
he shall use his best endeavors to have said binding done so 
soon as practicable, and on the most advantageous terms 
for the interest of the state. 

Sec. 5. The secretary of state, on the completion of the 
printing and binding as aforesaid, of said revised laws, 
shall reserve two hundred and fifty* copies thereof, in his 
office, subject to the future disposition of the general as- 
sembly. He shall transmit to the secretary of state of the 
United States, for the use of the general government, five 
copies; and to the executive of each state, for the use of 
such state, two copies. He shall cause to be delivered to 
the governor, lieutenant-governor, auditor of public ac- 
counts, state treasurer, cashier of the principal bank, jus- 
tices of the supreme court, attorney general, circuit attor- 
neys, secretary of the senate, clerk of the house of repre- 
sentatives, engrossing and enrolling clerks of the two 
houses, one copy each. He shall transmit by some person 
or persons, with whom he may contract for the purpose, a 
sufficient number of copies to the clerk of the commission- 
ers' court of each county to be distributed among the civil 
officers of the county, allowing one for each judge of pro- 
bate, county commissioner, coroner, clerk of a court, coun- 
ty treasurer, sheriff, justice of the peace, couity surveyor, 
constable and member of the general assembly, residing 
to the county, and there shall also be delivered to the clerk 



laws. $as 

,of the circuit court of each county, two copies for the 
use of the court, grand jury and bar; and tin surplus co- 
pie^ if any, shall be by said clerk of the county commis- 
sioners' court, carefully kept and preserved, to be distri- 
buted as may hereafter be directed by law. 

Sec. 6. The clerks of the several county commissioners' 
courts, on receiving the revised laws for distribution as 
aforesaid, shall give their receipts for the same; which re- 
ceipts shall be tiled in the secretary's office, by the person 
by whom said laws were distributed, before he shall be en- 
titled to payoaent for distributing the same. 

Sec. 7. The clerks of the several county commissioners' cw-ks of comj, 
courts, shall upon the request of any officer, entitled to a couiThow to 
copy of said laws as aforesaid, deliver to him one copy, <hsi>o3e of 
taking his receipt for the same; but no person shall be en- them 
titled to more than one copy, although he may hold sever- 
al offices. 

Sec. 8. Upon the expiration of the term of service, re- 
signation or removal from office, of any county officer ^ n ce " e ^ "* 
(members of the general assembly excepted,) it shall be on the expira-^ 
his duty to return to the office of the clerk of the commis- tion of term of 
sioners' court, for the use of his successor in office, the co- semce 
py of the revised laws received by him, in pursuance of 
this act; and in case of the death of any such county offi- 
cer, the said copy of the laws, shall be returned as afore- 
said, by his executors or administrators. If an such offi- 
cer, his executors or administrators, shall refuse or neglect 
for three months after the happening of such vacancy as 
aforesaid, to return said copy of the laws to the clerk of 
the commissioners court, then it shall be the duty of said 
clerk to sue for the same before some justice of the peace; 
and he shall recover for the use of the county, the sum of 
four dollars for each copy so detained, with costs of suit. 
No person however, while he continues to hqld any office, 
which entitles its incumbent to a copy of the laws, shall 
be required to return his copy of the same as aforesaid. 

Sec. 9. There shall also be published in pamphlet form 
under the superintendence of the secretary of state as 
afore-aid, five hundred copies of all laws passed at the pres- 
ent session of the general assembly, which are of a local, 
private or temporary nature. There shall be added to 
the laws required by this section to be published, an ac- 
curate account of the receipts and expenditures of the 
public moneys for the two last years, as required by the 
constitution of this state. And the secretary of state Secretary of 
is authorized and required to contract with some person s^te to have ^ 
or persons, on the best terms he can procure, to print, ^^J*^ < 
fold and stitch the laws and other documents, required printed 



2$i LIMITATIONS. 

ry this spction to be published. He shall retain fifty co- 
pies thereof in his office, and tran in t or deliver to the 
goven.or, lieutenant governor, au or, state treasurer; 
cashier of the principal bank, ju cesof the supreme 
court, attorney general and circuit attorneys,one copy eacho 
The remaining copies he shall apportion among the sever- 
al counties, according to the number of white inhabitants 
therein; and cause them to be delivered either with the re- 
vised laws, or with the journals, :o the county commission- 
ers' clerks of the several counties, to be receipted for, and 
distributed in the manner herein provided for the distribu- 
tion of the revised laws. 

Sec 10. On the fulfilment of any contract for printing, 
binding, folding and stitching, or distributing the revised 
or other laws, the secretary of state shall certify the fact 
to the auditor, who shall issue his warrant on the treasurer 
for the sum due, in favor of the person or persons entitled 
to compensation. 
Relative to Sec. 1*. Hereafter, all payments made for debts due 

Vandalia lots the state, for Vandalia lots heretofore sold, or which may 
hereafter be sold, -in judgments against the state for Per- 
ryville lots, shall be received at the rate of state paper: 
any law to the contrary notwithstanding. 

Sec. 12. That for the next two years, it shall be the du- 
ty of each of the judges of the supreme court, to note 
$200 per an- <jown from time to time, when there shall appear any in- 

num allowed . . '. . .. , . . * r J m 

the supreme consistences or imperfections in the legislative acts of tins 

judges for not- s t a te, and to make a detailed report thereof to the next 

t?ww?nThe C " general assembly; for which service, they shall receive 

!aws for the years 1827 and 1828 only, two hundred dollars 

each per annum, payable quarter yearly, on the warrant 

of the auditor, out of the state treasury. This act to 

take effect from and after its passage. 

[Approved Feb. 19, 1827.1 



LIMITATIONS. 

/.Y ACT for the Limitation of Actions mid for atoic 

• vexations Law Suit?. 
In w rce June 1, 
1827 

Sec. 1. Be it enacted by the People of the Stale of Illinois, 
represented i)i the ^General Assembly, That all actions of tres- 
pass quare clan sum frf git, nil actions of trespass, detinue. 

....'. . trover, and replevin, for taking away goods and chattels, 
Limitation ot ,. c r ,, % I a \ i 

acrtopa all actions lor the arrearages of rent, due on a parol dd 



LIMITATION !*. £95 

mise, and all actions of account, and upon the case, except 
actions for slander, and except also actions for malicious 
prosecution, and such actions as concern the trade ot' mer- 
chandize, between merchant and merchant, their ("actors 
or agents, shall be commenced within tive years next after 
the cause of such actions shall have accrued, and not af- 
ter. 

Sec. 2. That all actions of trespass for assault, battery, 
wounding and imprisonment, or any of them, shall be com- 
menced within two years next after the cause of such ac- 
tions shall hav^ accrued, and not after. 

Sec. 3. That every action upon the case for words, shall 
be commenced within one year next after the words spo- 
ken, and not after; and every action for malicious prosecu- 
tion, shall be commenced within two years next after the 
cause of action shall have accrued, and not after. 

Sec. 4. That every action of debt or covenant for rent of covenants 
or arrearages of rent, founded upon any lease under seal; or debt for rent 
and every action of debt or covenant, founded upon any 
single or penal bill, promissory note, or writing obligatory, 
for the direct payment of money, or the delivery of property 
or the performance of covenants; or upon any award under 
the hands and seals of arbitrators, for the payment of mo- 
ney only, shall be commenced within sixteen years, after 
the cause of such action shall have accrued, and not after: 
but if any payment shall have been made on any such 
lease, single or penal bill, promissory note, writing obliga- 
tory or award, within or after the said period of sixteen 
years; then an action instituted on such lease, single or 
penal bill, promissory note, writing obligatory or award, 
within sixteen )ears after, such payment shall be good and 
effectual in law, and not after. 

Sec 5. That judgment in any court of record in this 
state, may be revived by scire facias, or an action of debt 
may be brought thereon, within twenty years next after 
the date of such judgment, and not after. 

Sec. 6. Thai no person who now hath, or hereafter may 
* have any right of entry,into any lands, tenements, or her- b^red^fJrlp 
editaments, shall make an entry therein, but within twen- year* 
ty years next after such right shall have accrued, and such 
person shall be barred from any entry afterwards. 

Sec. 7. That every real possessory, ancestral or mixed 
action, or writ of right, brought for the recovery of any Acii™shro»gji£ 
lands, tenements or hereditaments, shall be brought with- wlUuu2 ° y eru '" 
in twenty years next after the right or title thereto, or 
cause of such action accrued, and not after: Provided, Pr -. 
that in all the torecroini{ cases in this act mentioned, where 
the person or pers ' tve right of entry, title 



28G LIMITATIONS. 

ot cause of action is, are or shall be, at the time of such 
right of entry, title or cause of action, under the age of 
twenty -one years, insane, beyond the limits of this state or 
feme covert, such person or persons may make such entry, 
or institute such action, so that the same be done, within 
such time as is within the different sections of this act lim- 
ited, after his or her becoming of full age, sane,/em£ sole r 
t or coming within this state. 

Sec 8. That if any person or persons, against whom 
be Sc^nte°d, t0 tnere * s or shall be anv cause of action, as is specified 
■a certain cases in the preceding sections of this act, except real or pos* 
sessory actions, shall be out of this state, at the time of 
the cause of such action accruing, or any time during 
which a suit might be sustained, on such cause of action, 
then the person or persons who shall be entitled to such 
action, shall be at liberty to bring the same against such 
person or persons, after his, her, or their return to this 
state, and the time of such person's absent e shall not 
be accounted or taken as a part of the time limited by 
this act. 

Sec. 9. That if in any of the said actions, specified in 
Effect of rever. ~ ,, ... * • - ... '. * , , 

sal of judgment aD J °* the preceding sections ot this act, judgment be 
upon writ of given for the plaintiff, and the same be reversed by writ of 
enor or appeal, error? or U p 0n appeal, or if a verdict pass for the plaintiff, 
and upon matter alleged in arrest of judgment, the judg- 
ment be given against the plaintiff; or if the plaintiff be 
non-suited, then, if the time limited for bringing such ac- 
tion shall have expired during the pendency of such suit, 
the said plaintiff, his or her heirs, executors or adminis- 
trators, as the case shall require, may commence a new 
action, within one year after such judgment reversed or 
given against the plaintiff, and not after. 

Sec. 10. The eighth section of the act entitled "An act 
Acts repealed regulating the practice in the supreme and circuit courts 
of this state, and for other purposes," approved March 
22d, 1819; and the act entitled "An act of limitations, re- 
latir.g to lands and tenements,'- approved February 18th, 
1823, be, and are hereby repealed : Provided that the rights 
and defences, which have accrued or arisen under the acts 
hereby repealed, shall not be affected or impaired by the 
passage of this act: Provided I further, that where the acts 
hereby repealed have commenced running, the time the 
same shall have run against any cause of action hereby 
limited, shall be computed part of the time limited, by 
this act. This act to take effect and be in force, on the 
first day of June next. 

Approved, Feb. 10, 1827. 



MANDAMUS. ^ 

,AjY ACT to regulate proceedings on Writs of Mandamus* In fnrcr Jane 

J 1, 1827 

Sec. 1. i?e A enacted by the People of the State of Illinois, circuk coarta 
•represented in the General Assembly, That the respective may issue v tits 
circuit courts iu this state shall liave power to issue writs °* mariditmU3 
of mandamus. Appeals may be taken from the decision of Appeals to the 
the said courts, upon sucn terms as the said circuit courts supreme roan 
shall prescribe; or writs of error may be prosecuted 
whenever the supreme court or any of the judges thereof, 
in vacation, upon being presented with a copy of the re- 
cord, shall certify that there is reasonable cause for the 
bringing of such writ; and the said supreme court or 
judge in vacation, may impose such terms and conditions 
upon the party wishing to prosecute such writ of error, 
as the said court or judge may dc cm reasonable. The al- 
lowance of a writ of error shall operate, after notice 
thereof, as a stay of proceedings in the circuit court, until 
the determination of such writ of error. 

Sec. 2. Where any writ of mandamus shall be issued R 
out of any court of this state, directed and delivered to fan™'!? 
any person or persons, who by the laws of this state, are 
required to make return of such writ, such person or per- 
sons shall make his or their return to the first writ of wan- 
damns. 

Sec 3. When any writ of mandamus shall issue out of 
any court of this state, and return shall be made thereun- The return 
to, it shall be lawful for the person or persons suing ojp ''V* y betpaver?f 
prosecuting such writ, to plead to or traverse all or any 
of the material facts contained in such return, to which 
the person or persons making such returns shall reply, 
take issue, or demur, and such further proceedings shall . . Ia . ,♦ 
he had therein, and in such manner, for the determination be joined *'" 
thereof, as might have been had, if the person or persons 
■suing out such writ had brought his or their action on the 
case for a false return. If any issue shall be joined upon 
such proceedings, the person or persons suing such writ, 
shall and may try the same in such place as an issue join- 
ed on such action on the case, should or might have been 
tried. In case a verdict shall be found for the person or 
persons suing such writ, or judgment given for him or 
them upon a demurrer, or by nil dicit, or for want of a re- verdict op 
plication* or other pleading, he or they shall recover his judgment 
or their damages and costs, in such manner as he or they 
might have done in an action on the case, as aforesaid; Damages and 
such damages and costs shall and may be levied by execu- cosls 
tion as in other cases; and a peremptory writ of manda- p eremi , t cr* 
rnus shall be granted without delay for him or them for writ 
whom judgment shall be given, a* might have been if 



2S8 MARRIAGES 

such return had been adjudged insufficient. In case judg 
ment shall be given for the person or persons making sach 
return to such writ, he or they shall rec -ver his or their 
costs of suit, to be levied in manner aforesaid. 

Sec. 4. If any damages shall be recovered by virtue ot 

Recovery 01 this act, against any person or persons making such re- 

toTSonThe turns t0 suc » writ, as aforesaid, he or they shall not be 

case liable to be sued in any other action or suit for the making 

of such return; any law, usage, or custom to the contrary 

notwithstanding. 

■Sec. b. It shall and may be lawful to and for the court 

Time may be issuing any writ of mandamus, tro allow to such person or 

allowed to re- persons respectively to whom such writ shall be directed. 

turn, plead, re- r , • , r " in * .u ' 

p!v,'t:rke issue or to the person or persons who snail sue or prosecute the 
ordemur same, such convenient time respectively to make return, 

plead, reply, rejoin, or demur, as to the said court shall 
seem just and reasonable; any thing herein contained to 
the contrary notwithstanding. Tnis act to take effect on 
the first day of June next. 

[Approved, Jan. 6, 1827.] 



MARRIAGES. 
: fc force June AjY A CT concerning Marriages. 

1st, 1827 

Be it enacted by the People of the State of Illinois, rcprfe 

sailed in the General Assembly, That all male persons over 

Who may con- * ne age f seven t e en years, and females over the agre of 

tract marriage r . * i l • • j • • 

fourteen years, may contract and be joined in marriage: 

Provided, in all cases where either party is a minor, the 
Consent of pa- consent of parents or guardians, be first had, as is herein- 
rents after required. 

Sec. c 2. All persons belonging to any religious society, 
S!njmar- e " church, or denomination, may celebrate their marriage. 
nage allowed according to the rules and principles of such religious so- 
ciety, church or denomination; and a certificate of such 
marriage," signed by the regular minister, or if there be 
no minister then by the clerk of such religious society, 
church or denomination, registered as hereinafter direct- 
ed, shall be evidence of such marriage. # 

Sec. 3. Any persons wishing to marry, or be joined in 
Who author's- marriage, miv go before a iy r\gjlar minister of the gos- 
<-d to perform pel, authorised to m irry by h ; • h lr h or s/>ci -ty to which 
the marriage | 10 \ )P \ on ^ any justice of the supreme court, judge of 
any inferior court, or justice of the peace, and celebrate 
or declare their marriage, in such manner and form as 



•oeromony 



MARRIAGES. m 

shall be most agreeable. And such minister of the gos- Certificate 
pel, justice of the supreme court, judge, or justice of 
the peace, shall make a certificate of such marriage, and 
return the same, with the license, to the clerk of the 
county commissioners' court, who i^ucd such license 
within thirty days after solemnizing sucU marriage; and 
lerk, after receiving such certificate, hall make a 
registry thereof, in a book to he kept by him foi <| la f- pur . Rej?i3tr 
pose only; which registry shall contain the christn ri anc j 
surnames of both the parties, the time of their marn^ e what itahali 
and the name of the person certifying the same; and sair* c0,lta,n 
clerk shall at the same time, endorse on such certificate, 
that the same is registered, and the time when; which 
certificate shall he carefully tiled and preserved; and the , 4 

same, or a certified copy of the registry thereof, shall be marriage Q " 
evidence of the marriage of the parties. 

Sec. J. No person shall be joined in marriage, as afore- 
said, unless their intention to marry shall have been pub- Publication flf 
lisheti at least two weeks previous to such marriage, in s 
the church or congregation to which the parties, or one 
of them belong; or unless such persons shall have ob- 
tained a license, as herein provided. 

Sec. 5. In all cases, when publication of such intention 
to marry has not been made, as before described, the par- icerist 
tics wishing to marry, shall obtain a license from the clerk 
of the county commissioners' court of the county where such 
marriage is to take place; which license shall authorize 
any regular minister of the gospel, authorized to marry by 
the church or society to which he belongs, any justice of 
t!ie supreme court, judge, or justice of the peace, to cele- 
brate and certify such marriage; but no such license shall 
be granted, for the marriage of any male under twenty- notto issue On^ 

7 e P P i * . i r • i , less by consent 

one years oi age, or female under the age ot eighteen ot - IJa J enlSj & c . 

year-, without the consent of his or her father, or if he be 

dead or incapable, of his or her mother or guardian, to be 

noted in such license; and if any clerk shall issue a li- Penalty forifc 

e for the damage of any such minor, without consent, "^hoiuuch 
as aforesaid, he shall forfeit and pay the sum of three cousent 
hundred dollars, to the use of s«ch father, mother, or 
guardian, to be sued for and recovereuin any court hav-. 
ing cognizance thereof; and for the purpose of ascertain- 
ing the age of the parties, such clerk is hereby authoriz- 
ed to examine either party, or other witness on oath. 

Sec 6. If any clerk shall for more than one month, re- 
fuse or neglect to register any marriage certificate which x eg kct to r.e r 
has been or may hereafter be delivered to him for that gister raarriaJi 
purpose, (his fee therefor being paid) he shall be liable to ctrt ' nca te 
fee removed from office, and shall moreover pay the sum 

: 7 



290. 



MILITIA. 



of hundred dollars, to the use of the party injured, to be 
recovered by action of dejrt, in any court having cogni- 
zance of the same. 

Sec. 7. If any mipisier, justice of the supreme court, 
Penalty for not judge, or justice of' the peace, having solemnized a mar- 
remrn n g cer- r j a g^ or c i er k of any religious society, as the case may be, 
shall not ma^ return of a certificate of the same, as re- 
quired, w*hin the time limited, to the clerk of the com- 
missio^ rs ' court, of the county in which such marriage 
wa^iolemnized, he shall forfeit and pay one hundred dol- 
>rc for each case so neglected ; to go to the use of the 
. '^county; to be recovered by indictment. And if any min- 
ister of the gospel, justice of the supreme court, judge, 
£sJm*e n £kh- or an J other officer or person, except as hereinbefore ex- 
out* license cepted, shall solemnize and join in marriage any couple 
without a license, as aforesaid, he shall, for every such of- 
fence, forfeit and pay one hundred dollars, to the use of 
the county, to be recovered by indictment. 

The act entitled "An act regulating marriages," ap- 

Acfc repealed proved February 20th, 1819, is hereby repealed; but 

rights acquired, and forfeitures incurred, under that act, 

are not hereby affected. This act to take effect on the 

first day of June next. 

Approved Feb. 14, 1827. 



MILITIA. 

in force Feb AN ACT in addition to the act entitled "An act for the organ- 
0, 1827 ization and government of the Militia of this State, ap- 

proved January 25, 1826." 

Sec. 1. Be it enacted by the People of the State of Illinois, 

represented in the General Assembly, That it shall be the duty 

Independent of all independent companies in this state, cavalry and artil- 

comnaines to , r # r ' J m 

muster with the l er .V companies excepted, to muster with the regiment or 
regiment odd battalion, (as the case may be.) of the county to which 

they may bclong,^jJkmusters of such regiment or bat- 
talion; unless expressly permitted, by the officer exercising 
the command of such regiment or battalion to do other- 
wise: Provided, that "nothing herein contained, shall he 
construed (o exempt any such company of cavalry or ar- 
tillery, as aforesaid, from a strict obedience to the orders 
of the commandaut, for the time being, of the regiment 
or battalion to which they may be attached. 

Sec 2. The company musters of such companies as 
shall compose the third battalion, in any of the regimenh 



MILITIA. 29i 

in this state, shall he held on the third Saturdays in the Company mu» 
months of April and June in each year. * e,s ot the 3x3 

Sec. 3. All elections for a laajor general or brigadier 
general, shall be held by the Gon*ni 8s ioned officers, and Elections 
such as may be entitled to commi»j ns, f the several 
regiments and odd battalions, composite t ne division or 
brigade, wherein such elections shall be ordered to be 
held, at their usual place ot holding regimen a j anc j ^ 
battalion musters, respectively; and all election. f or co | . 
nels, lieutenant colonels, majors, captains, and >uu^ ern 
officers, shall be held by the officers and militia men, Cw^. 
posing the regiment, battalion, or company (as the cast, 
may be) wherein such election shall be ordered to be held, 
at the usual place or places of holding company musters, 
respectively, unless the officer ordering such election, shalL 
direct the same to be held at a different place. 

Sec. 4. It shall be the u^uty of the officers or militia 
men (as the case may be) at all such elections of offi- Rlectio " ol S , 
eers as aforesaid, when assembled at the place where the JU bCS 
same shall be directed to be held, to proceed to elect from 
among themselves, three judges and one clerk of the 
election; who shall, previous to the commencement of 
the election, severally take an oath before some justice 
of the peace, or commissioned officer of the militia, in 
the following form, to wit: You and each of you do so- Their oath 
letnnly swear, (or affirm,) that you will faithfully and im- 
partially receive, count, and make return, of alL the votes 
iegaliy given to each person who may be voted for at the 
present election, so help you God. After which, the said Proceeding^ 
judges and clerk, shall, between the hours of ten o'clock, e cct!0n 
A. M. and hve o'clock P. M. proceed to open polls, and 
receive the votes of all qualified electors, who may legally 
apply to give the same; and shall make return thereof, 
in manner and form as is hereinafter directed, and as is 
prescribed in the eleventh section of the act to which this 
is an addition. 

Sec. 5. At all militia elections, hereafter to be held in 
this state, the electors shall vote by ballot; they shall Elections by 

, • i • i ., . •, , • , i • i ballot 

bring tneir votes, legibly writtaH yrinted on a single 
piece of paper, with the names^ pBWfegtli, and the of- 
fices designate*! for which such voles are giv v en, and shall 
deliver the same to one of the judges of the election, who 
shall put the same in a ballot box, or other place for safe 
keeping, until the whole shall be taken and counted out. 
And as often as any ballot ^hall be delivered to the judges, 
as aforesaid, it shall be the duly of the clerk to set down , 

in a poll book, to be provided for that purpose, the name 
Uveriua the same: which said poll book 



292 



MILITIA. 



Form of poll 
book 



shall be in the following form, to wit: A poll book of ao 
election held at in the county of in the 

regiment of Illinois milit*^ on the day of 

one thousand eight hu^red and 



NAMES OF W 



'ERS. 



NAMES OF VOTERS. 



Form of elec 
fiou. return 



Provided^ JJ^ t no ballot shall he rejected on account of 

fcnperfeet bal- anv m i Sr ^elling, or abbreviation of the name of the per- 

lots not to be gon .^ed for, or for an omission to designate the office. 

? w jyfe jt shall evidently appear to the judges, for whom 

yffe vote was intended. 

Sec. 6. When all the votes at any militia election shall 

have been given, and counted out, as aforesaid, it shall be 

the duty of the judges, to cause their clerk to make out a 

return thereof as near as may be in the following form, to 

I wit: 

"At an election held at in the county of 

in the regiment of Illinois Militia, on the day 

of in the year one thousand eight hundred and 

the following named persons received the number of votes 
annexed to their respective names, for the following de- 
scribed offices, to wit: 

. A. B. had votes for Major General. 

C. D. had votes for Major General, 

E. F. had votes for Colonel. 

G. H. had votes for Colonel. 

And in like manner for all other officers. 
Certified by us A. 13.) 

C. DA Judges of election. 
E. F.$ 
Attest 

J. H. Clerk of election"' 
After which, the judges of the election shall cause the poll 
book to be transmitted to the adjutant of the regiment (or 
odd battalion, as the case may be) to be by him tiled with 
the records in his office; and in case of any contested 
election, it shall be the duty of the adjutant, to transmit 
the same to the jm^^w officer of the court of inquiry 
in which such gJHWWroll be tried. 

Sec. 7. All contested elections, in the .militia of this 
state, shall be tried by a board of officers to be appointed 
for that purpose, by the officer ordering the same, under 
the rules and regulations following, to wit: the comman- 
der in chief shall appoint the board of officers to decide 
the contested elections of major generals: major general? 
shall appoint the board to decide the contested elec 
; ion£ of brigadier generals: brigadier generals shall a] 



To whom the 
returns to be 
made 



Contested elec- 
tions 



MILITIA. 23« 

point the board to decide the contested elections of colo- 
nels, lieutenant colonels, and majors: and the comman- 
dants of regiments and odd battalions, for the time being, 
shall appoint the board to decide the contested elections 
of captains and subaltern officers: Provided, that in all 
cases the members composing such board of officers as 
aforesaid, shall be as near the rank, as may be, of the offi- 
cer whose election shall be contested, and shall consist of 
not less than three, nor more than seven members. 

Sec. 8. The officer appointing the board of officers as No , ice tovneTO- 
aforesaid, shall notify each member thereof in writing, of berso* boards 
the time when, and place where such board is to be held; ° r officers 
and if any officer, when so appointed and notified as afore- 
said, shall neglect or refuse to attend at the time and place 
of holding such board, lie shall be liable to be fined as in 
other cases for neglect of duty. 

Sec. 9. The division inspector, shall attend all boards _ ■ 

~ „. , . , i * • i j. ,i Contested elec- 

of officers, which may be organized to pass upon toe con- tions 

tested elections of major-generals, and shall keep a record 
of the proceedings of such boards respectively. The 
brigade inspector shall attend all boards which maybe organ- 
ized to pass upon the contested elections of brigadier gen- 
erals; and shall keep a record of the proceedings of such 
boards respectively. And the adjutant of the regiment 
(or .odd battalion, as the case may be.) shall attend all 
boards which may be organized, to pass upon the contes- 
ted elections of colonels, lieutenant-colonels, majors, cap- 
tains, and subaltern officers; and shall keep a record of 
the proceedings in each case respectively: and the deci- 
sions of all such boards of officers, which may at any time 
be instituted as aforesaid, shall be final and conclusive up- 
on all the parties concerned. 

Sec 10. Whenever any election shall be contested as Election being 
aforesaid, it shall not be lawful for the officer, whose duty contested, &c 
it may be to certify the same, to make return thereof, un- 
til a 'decision shall be had thereon as aforesaid: after 
which the presiding officer of the board, shall certify to 
the officer who may have appointed the same, which of 
the contending parties is entitled to the office; and such 
successful party shall then be commissioned as in other 
cases: Provided, that no exception shall be allowed to be 
taken to the election of any officer, unless the same be 
done within twenty days alter such election shall have 
been lucid. 

Sec. 1 1 . The presiding officer of any board, which may Attendance of 
at any time be appointed to pass upon a contested elec- wi-f-ss-s 
tion as aforesaid, shall have power at the request of cith- 
er party to send for and examine witnesses^ and if any 



294 MILITIA. 

witness, when properly summoned, shall refuse or neglect 
to attend any such board as aforesaid, without a reasona- 
ble excuse, it shall be the duty of the presiding officer as 
aforesaid, to turn such witness over as a delinquent to the N 
next regular court of inquiry, to he held for the county 
wherein such witness shall reside; who shall thereupon 
proceed to acquit or to assess the fine of such witness, as cir- 
cumstances shall require, in like manner as is prescribed 
against delinquent militia men for failing to attend muster 
when legally required so to do. 

Sec. 12. In all cases of vacancy, in any of the militia 
hw fried *' office in this state, (staff officers excepted.) whether by 
death, resignation or otherwise, elections to fill such vacan- 
cies, shall be ordered as follows, to- wit: All elections for 
major generals shall be ordered by the governor or com- 
mander in chief; elections for brigadier generals, by the 
major generals, within their respective divisions; elections 
for colonels and majors of odd battalions, by the brigadier 
generals within their respective brigades; and the elec- 
tions of all other regimental and battalion officers, by the 
colonels and majors commanding odd battalions, within 
the bounds of their commands respectively; and in all ca- 
ses where any such election shall he ordered as aforesaid, 
a corresponding notice shall be given, and the like returns 
thereof shall be made, as is herein before directed, and as 
is required by the eleventh section of the act to which 
this is an addition, in cases where elections are directed to 
be held to fill vacancies, occasioned by resignations: Pro- 
vided, that in all cases where there shall be no commission- 
ed or non-commissioned officer in the company in which an 
election for company officers is directed to be held as afore- 
said, the commanding officer of the regiment or odd bat- 
talion, (as the case may be,) shall have power to order any 
private militia man, belonging to such company to give ten 
day's notice of the time and place of holding such elec- 
tion; and the election shall thereupon be conducted in all 
respects as in other cases. 

Sec 13. Whenever any militia officer shall be declared 
Gflkerser.ti- *° De duly elected, he shall be entitled to receive a certif- 
tled to a certifis icate from the officer ordering such election, which shall 
cateot election au tborize him to command as such, until his commission 
can be procured. And in all such cases the officer granting 
such certificate, or some justice of the peace, shall ad- 
minister to such officer the necessary oaths of office, and 
endorse the same on such certificate. 
Oaths of office Sec. 14. All oaths of office to be taken by the militia 
officers in this slate, shall (as near as may be,) be in the fol- 
lowing form to-wit : ! do solemnly swear, or affirm, that I 



iMTLlTlA. m 

Will support the constitution of the United States and of 
this state, that I have not been engaged in a duel by sei d- 
ing or accepting a challenge to fight a duel, or by fighting 
a duel, or in any other manner in violation of the act enti- 
tled "An act to suppress duelling?-' since the passage of 
said act; nor will I be so concerned directly or indirectly, 
during my continuance in office; and that 1 will faithfully 
discharge the duties of captain in the regiment of 

Illinois militia, (or otherwise, as the case may be) to the 
best of my skill and understanding, so help me God." — 
Which said oath shall be endorsed on the commission or 
certificate, (as the case may be,) and certified by the offi- 
cer administering the same. 

Sec 1 5. In addition to the stafTin the several regiments Colour bearer 
and odd battalions, in this state, as at present organized, 
there shall be appointed by the commandant of each regi- 
ment and odd battalion, a colour bearer, to each battalion; 
whose duty it shall be to take charge of the colours of the 
battalion, to which he may belong, and to bear the same 
at all regimental and battalion parade? and drill musters, 
and on such other occasions as shall be necessary, when re- 
quired so to do. 

Sec 16. Whenever any officer of the militia in this officers serving 
state, shall have served as such, without intermission, for seven years 
the period of seven years, and shall have been completely exempted froja 
equipped for the whole of said time, according to law, he m " Uu " 5 
shall ever after be exempted from the performance of mil- 
itary duty, except in time of war, invasion, or insurrec- 
tion. 

Sec. 17. If the members of any militia company in „ 

, . . i , i <» ^ J i r <r? Comoanv re- 

this state, shall neglect or refuse to elect company omcers fusing ;o elect 

to command such company, when legally notified of the officers may be 
time and place of holding an election, for such purpose, nearest compar- 
and such company shall thereby become un-officered and ny 
disorganized, it shall be the duty of the commandant of 
the regiment or odd battalion, (as the case may be,) to 
attach such company to the next nearest company in the re- 
giment or battalion, to which the same may belong, without 
delay. Whereupon, the officer commanding the compa- 
ny to which the same may be attached, shall proceed to 
enrol the names of all militia men, within the bounds of 
such attached company, and shall require them to per- 
form military duty in such company, in all respects, as 
though they had originally belonged to his command. 

Sec IB. All volunteer, cavalry, grenadier, light infan- Timp a]]ow ^ 
try, and rifle companies now raised and organized, shall f ur Cli aippbg 
have until the first day of April next, to uniform and 
equip themselves, respectively: Provided, that no such 



99ft 



MILITIA, 



and fine for 
•amission 



Fine of officers 
for not equip- 
ping 



Resignation en- 
orsed 



Shooting 
matcbes 



Vine 



company shall hereafter be dissolved tor the want of 
equipment, as the law directs; but in such case, each 
member shall be tined twenty-five cents, for each and eve- 
ry day he shall appear on parade without being equipped, 
according to law, and the regulations of the company to 
which he may belong. 

Sec. 19. In all cases where militia officers shall be fined 
for appearing on parade without equipments, the fine 
shall be proportioned according to the extent to which the 
uniform of such officer shall be deficient. 

Sec. 20. In all cases, hereafter, where a resignation is 
accepted, the cause of resignation ma) be either endors- 
ed on the commission, or, if the commission be not sur- 
rendered, on the letter of resignation. 

Sec. 21. It shall hereafter be lawful for all militia men 
and others, in this state, to engage in shooting matches 
for beef, and other property, at militia musters, and ePe- 
where : Provided, due precaution be taken to guard against 
all accidents which may endanger the safety of such per- 
sons as may be present. 

Sec 22. No non-commissioned officer, musician or pri- 
vate, shall be fined more than twenty-five cents, for non- 
attendance at any company muster, if he reside more 
than fifteen miles from the place of holding the same; or 
for non-attendance at any battalion muster, if he reside 
more than twenty miles from the place of holding the 
same; or for non-attendance at any regimental or drill 
muster, if he reside more than twenty-five miles from the 
place of holding the same. This act to be in force from 
its passage* 

[Approved, Feb. 9j 1827.] 



MILITIA, 



In force Ftb. 
6, 1827 



AjV ACT for the relief of persons having conscientious scru- 



ples against beatim 



arms. 



Person con- 
scientiously 
scrupulous of 
bearing arms 
entitled to au 
exemption 



Sec 1. Be it enacted by the People of the State of Illinois 
represented in the General Assembly, That every person who 
has conscientious scruples against bearing arms, or being 
engaged in military operations, shall be exempt from per- 
forming militia duty in time of peace, on condition that 
he will perform three days' labor, annually, in addition to 
the labor required of him by the general road law, on the 
public highways, in the road district in which he resides* 
under the direction of the. supervisor of such district. 



MILLS AND MILLERS. W 

■Sec, 2. Every person claiming relief under this act, 
shall make an acknowledgment in writing before some ^^f u S^. 
judge or justice of the peace of the county in which such oAhe benefit «f 
person resides, that he in sincerity and truth has conscien- i- 1 * 13 act 
tious scruples against bearing arms, or being engaged in 
military operations, and the same being signed by the per- 
son, and certified by the judge or justice, shall be pre- 
sented by the person claiming relief under this act, to the 
supervisor of the road district in which he resides, who 
shall enter the name of such conscientious person, on a 
list, to be kept by him, of the names of persons in his dis- 
trict who are conscientiously scrupulous of bearing arms, 
and the supervisor shall certify on the back of such ac- 
knowledgment and certificate so presented to him, that 
the name of the person presenting the same, has been en- 
tered on the list aforesaid. And the commanding officer 
of the company in which such conscientious person may 
he enrolled, on being presented with the acknowledgment 
-\nd certiticate, aforesaid, shall cause the name of such 
conscientious person to be erased from the roll. 

[Approved, Feb. 6, 1827.] 



MILLS AND MILLERS. 

AN ACT regulating Mills and Millers. ufi&r** 

Sec. 1. Be it enacted by the People of the Side of Illinois, 
represented in the General Assembly, That when any person when sn.i how- 
owning lands on one side of any stream or water course, *™ l d fj^ m 
the bed of which wholly or in part belongs to himself or ^ yis *^P 
herself, and may be desirous of building a water grist 
mill, or saw mill, on such lands, or to erect any dam across 
such water course, for that purpose, and shall not own the 
lands on the opposite side of such stream, or water course, 
such person, on application to the county commissioners' 
caurt of the county where the opposite lands may lie, may 
obtain a writ of ad quod damnum, to be issued, directed 
and proceeded on as is hereinafter directed: Provided, Notice ©f-appl^ 
That notice in writing of such application, be given four eatiou for wish 
weeks before the said application, by personal service on w,lt 
the owner or owners of such lands, his, her or their agents, 
if to be found in the county, and if not, then by affixing 
Such notice on the court house door of the county. 

Sec. 2. The said writ shall be directed to the sheriff of "JJ**.^* 
the county in which the lands to be affected thereby may edMl ^ ,,.<>/ 
lie, conituandiu- him to summon twelve good and lawful 
38 



( i9B 



MILLS AND MILLERS. 



Jury 



Inquisition and 
return thereof 



Notice to the 
owner ol the 
laud 



"Substance of 
the writ 



Leave to build 
a mill dam to 
ove.fi rv.v any 
dwelling house 
fcc. not to be 
given 



men of bis county, to meet upon the lands in such writ 
named, on a day therein to be specified; and ten days 
notice of the execution of such writ, shall be siven by the 
sheriff, to the proprietors of such lands, as before directed 
in the case of notices, unless the party, his, her or their 
agent, were present, in court when such writ was ob- 
tained. 

Sec. 3. The jury so summoned, when met, shall be 
sworn and charged by the sheriff, impartially, and to the 
best of their skill and judgment to view the lands in the 
said writ described, and the lands above and below the 
proposed dam^and ascertain the damages, as by said writ 
directed, and shall locate and set apart, by metes and 
bounds,* so much land as they shall think necessary for the 
purpose of erecting such dam, not exceeding three acres, 
having due regard in such location, to the interest of both 
parties, and shall appraise the same at its true value; al- 
so to examine the lands of other persons, which may pro- 
bably be overflowed by the erection of such dam, and- 
say what damage each owner will sustain thereby, and 
wnether the dwelling house, out house, orchard, or gar- 
den, of any such owner will be overflowed; and whether, 
in their opinion, the health of the neighborhood will be 
injuriously affected by such overflowing; which inquisi- 
tion shall be made and signed by all the jurors, and re- 
turned, by the sheriff, with the writ, to the next term of 
the court, whence it issued. 

Sec. 4. When the inquest aforesaid shall be taken, the 
party obtaining the same shall notify the owner or owners 
of lands, mentioned in such inquisition, whose lands are 
to be affected by the same, to appear at the next county 
commissioners' court, and shew cause why leave should 
not be granted to build such mill and dam; which notice 
shall be served as before directed. 

Sec 5. Any person wishing to build such mill, and to 
dam any water course, who may own the land on both 
sides of such stream, shall make application as aforesaid 
to the court of the countv where such mill is proposed to 
be erected, for a writ to examine, as aforesaid, what lands 
may be thereby overflowed, and what damage will be 
sustained by the owner or owners of such lands; and 
whether the health of the neighborhood will be affected 
by such overflowing; which writ shall be issued, directed, 
and returned, as before prescribed. 

Sec 6. If on such inquest, or other evidence, it shall 
appear to the court that the dw( lling house of any propri- 
etor, or any out house, garden, or orchard will be over- 
flowed, or. the health of the neighborhood impaired, they 



MILLS AND MILLERS. 299- 

shall not give leave to erect such clam; otherwise, 'if the 
said court shall judge it reasonable, and lor public: benefit, 
the)' may give leave, and may lay the p^rty applying, un- 
der such regulations and restrictions, in respect to the 
navigation of such stream, as they shall judge proper. 

Sec. 7. It the party applying, obtain leave to build the Damages*- 
said dam, he shall, on paying to the proprietor or propri- s pu s ^ e(1,tobe 
etors of the lands located, and tiie damages assessed by 
the jury as aforesaid, ecome seized, in fee, of the land 
so located, to him, his heirs and assigns. Bui if he shall 
not, within one year thereafter, begin to build the said VIi „ tobecom . 
mill, and finish the same within three years, and after- {tlt : t(il \ Wi ,w m 3 
ward, keep it in good repair for the accommodation of je^etettjr 
the public; or in case the said mill or dam be destroyed, t0 ol . igmHl owrv . 
shrill not begin to rebuild in one year after such destruc- er 
tion, and finish it in three years, the- said land shall revert 
to the former owner, and his heirs; unless at the time of 
such destruction the owner of such mill be an infant, or 
otherwise disabled in law ; in which case, the same term 
shall be allowed after such disability is removed. 

Sec. 8. The inquest of the jury aforesaid, or the opinion 
of the court shall not bar any prroseciuion or action, which gyj^"^ 
would otherwise be maintained in law, had this act never cauou 
been passed, other than for such injuries, as were foreseen 
and estimated by the jury. 

Sec. 9. Any person having obtained leave to erect any 
dam and mill as aforesaid, who shall neglect to finish the JJjgJXj 
same, within the term before prescribed in this act, or this act how io _ 
having erected such mill, shall fail to keep it in repair, cm-red 
and running for the accommodation of the public, for the 
space of one year, at any one time, shall forfeit all rights 
acquired by virtue of this act, or any act of this state. 

Sec. 10. All mills now in operation, or which may here- 
after be put in operation, in this state, for grinding wheat, whttjj^ pub- 
rye, corn, or other grain, and which shall grind for toll, 
shall be deemed public mills. 

Sec 11. The owner or occupier of every public mill Dutv of miUer3 
within this stale, shall grind the grain brought to his mill, 
as well as the nature and condition of his mill will permit, 
and in due turn as the same shall be brought, and may 
take for the toll, if a water mill or steam mill, for grinding 
and bolting wheat or rye, one eighth part: for grinding In- 
dian corn, oats, barley, and buckwheat, not required to 
be bolted, one seventh part: for grinding malt, and chop- 
ping all kinds of grain, one eighth part: For an ox or 
a horse mill, for grinding and bolting wheat or rye into 
flour, one fourth part: for grinding all other gram, one 
tb paii, in full of all compensation: Rromded, ll the 



300 MILLS AND MILLERS, 

Their toll owner of any such grain, ground at an ox or horse mill" 
shall furnish team to grind the same, with the consent of 
the owner or occupier of sucn mill, the same toll shall 
be taken, as is allowed for a water or steam mill, and no 
more. 

Sec. 12. It shall be the duty of each and every owner 

Further duty 'of and occupier of every public mill, to give due and punc- 
tual attendance, wnen his mill shall not be out of repair, 
and to aid and assist in loading and unloading all grain 
which shall be brought to him to be ground. And he 
shall keep in his mill an accurate half bushel measure, 
and an accurate set of toll disnes. And for a failure to 

Penalty for fail- perform any f tne duties required by this act, every oc- 
cupier of a public mill, shall forfeit and pay the sum of 
five dollars, to the use of any person who will sue for the 
same, in any court having cognizance thereof. 

Sec 13. Every owner or occupier of a public mill, as 

Responsibility aforesaid, shall be accountable for the safe keeping of all 

©f millers grain, received in his mill for the purpose of being ground, 
with the bags or casks containing the same; and shall, 
when required, deliver the same, or the flour or meal 
thereof, to the owner, or his or her agent or servant, with 
the bags or casks in which the same was received: Pro- 
vided, that such miller shall not be accountable for any 
bags or casks, unless the same be distinctly marked with 
the initial letters of the owners name; nor for the loss of 
grain, bags, or casks, which may happen by unavoidable 
accident. 

Sec. 14. If any miller, or the occupier of any mill. 

Penalty tor s h a ll take a greater proportionate quantity of toll than is 

afing too much allowed hy this ac t, or shall not sufficiently grind, or grind 
and bolt, (as the case may be.) agreeably to the capacity 
of his mill, and in due turn, as the same may have been 
brought, all grain received into such mill for the purpose 
of being ground, or ground and bolted, as directed by the 
owner, every miller of a public mill, so offending, shall 
forfeit and pay the sum of five dollars, to the party in- 
jured; to be sued for and recovered as before provided 
for. 

Sec. 15. The "act regulating grist mills and millers,'' 

pealed approved March 25, 1819, is hereby repealed: but no 

right acquired, or liability incurred, under said act, shall 

be affected by such repeal. This act to take effect and 

be in force, from ar.cl after the first dav of June next. 

[Approval Fib. 9, 1827.] 



MINORS, ORPHANS AND GUARDIANS, 301 

-AN ACT concerning Minors, Orphans and Guardians. \ n JZ rce June l 

Sec 1. Be it enacted by the People of the State of Illinois, 
.represented in the General Assenihly, That the courts of pro- Orphan minors 
bate, in their respective counties, shall admit orphan maj choose 
minors above the age of fourteen years, the father being gUttrdiaus 
dead, to make choice of guardians, and appoint guardians 
for such as are under the age of fourteen years, in all ca- 
ses where such minor shall be possessed of, or entitled to 
real or personal estate. 

Sec 2. Whenever it shall be represented to said court, Ju(] of 
that any orphan minor, above the age of fourteen years, hate may notify 
has not a guardian, it shall be the duty of said court to is- minor to appear 
sue a notification to such minor, to appear before the said 
court, ata time therein specified, and choose a guardian; 
and if such minor shall neglect or refuse to appear, or on 
appearing, shall neglect to choose a guardian, the said 
court shall appoint one for such minor, as if said minor 
were under the age of fourteen years. 

Sec 3. Where a minor having a father living shall be Father mar be 
entitled to, or possessed of, any estate, real or personal, not * pp °j? ted 
derived from his or her father, the said court of probate, b 
shall notify the father to appear and shew cause, why a 
guardian for such minor should not be appointed; if suffi- 
cient reasons be not shewn, may appoint the father, if he 
be a proper person, if not, then such other person as the 
minor, if of the age of fourteen years, may choose; if such 
minor shall refuse or neglect, or be not of sufficient age to 
choose a guardian, the court shall appoint some fit person 
to be guardian for such minor. And when any person is 
appointed guardian, other than the father, he shall have 
the charge and management of the estate, but no control 
over the person of the minor. 

Sec 4. If the father of a minor be insane, or incapa- 
ble from want of understanding, to take care of, and pro- 
vide for such minor, the court of probate shall appoint a 
guardian as though such/father were dead; such insanity 
or incapacity to he ascertained, by inquest in the circuit 
court, as in other cases. 

Sec 5. Guardians by virtuo of their office as such, 
shall be allowed in all cases, to prosecute and defend for 
their ward. 

Sec C. The court of probate shall take, of each guar* 
dian appointed under this act, bond with good security, in Bond to be ejs.- 
a sum double the amount of the minor's estate, real and ted by guardian 
personal, conditioned as follows: "the condition of this ob- 
ligation is such that if the above bound A. B. who has been 
appointed guardian for C, D. shall faithfully discharge 



302 MINORS, ORPHANS AND GUARDIANS. 

the office and trust of such guardian according to law; and 
shall render a fair and ju&t account of his said guardian- 
ship to the court of probate for the county of 

from time to time, as he shall be thereto required 
by said court, and comply with all the orders of said court 
lawfully made, relative to the goods, chattels and moneys 
of such minor, and render a; d pa) to such minor all mo- 
neys, goods and chattels, title papers and effects, which 
may come to the hands or possession of such guardian, be- 
longing to such minor, when such minor shall be thereto 
entitled, or to any subsequent guardian, should such court 
so direct; then this obligation shall be void, or otherwise 
to remain in full force and virtue f which bond shall be taken 
to the people of the state of Illinois, for the use of such 
minor, and shall not become void upon the first recovery, but 
may be put in suit from time to time, against all or any 
one or more of the obligors, in the name, and to the use 
and benefit of any person entitled, by a breach thereof, 
until the whole penalty shall be recovered thereon. 
Judge of pro- ^ EC * *' Courts of probate shall have power in their re- 
bate may call spective counties, with or without previous complaint, by an 
guardian to ac- order duly made and served, to oblige all guardians of mi- 
nors from time to time, to render their respe< tive accounts 
upon oath, touching their guardianship to said courts, for 
adjustment, and shall have power to compel such guardi- 
an to give supplementary security, whenever it shall judge 
proper, and in default thereof, to remove such guardian. 
^ Sec 8. The court of probate in all cases shall have 

FoweTtore- .- r j j /*> • .l 

move guardian power to remove guardians tor good and sufficient reasons, 
which shall be entered on record, and to appoint others in 
their place, or in the place of those who may die, who 
shall give bond and security for the faithful discharge of 
their duties as heretofore prescribed in this act; and where 
any guardian shall be removed or die, and a successor 
be appointed, the court shall have power to compel such 
guardian, so removed, or the executors or administrators 
of a deceased guardian, to deliver up to such successor, all 
goods, chattels, moneys, title papers or other effects; be- 
longing to such minor, which may be in the possession of 
such guardian, so removed, or of the executors or admin- 
istrators of a deceased guardian, or of any other person or 
persons who may have the same, and upon failure, to com- 
mit the party offending to prison, until he, she or they com- 
ply with the order of the court. 

Sec 9. Guardians shall have power to demand, sue for, 
Power cfr- anc * rece * ve a ^ moneys belonging to their wards from exe- 
dlaa cutors and administrators, as soon as the same may be col- 

lected ; or of any other person or persons in whose hands or 



MINORS, ORPHANS AND GUARDIANS. 3Q3 

possession the same may be; and it shall moreover be their 
duty to put to interest the moneys of their wards upon 
mortgage security, to he approved of by the court; which 
letting shall always be for one year, and at the end of 
each year the interest shall be added to, and made part of 
the principal; and said guardians shall also have power to 
lease the real estate of the ward, upon such terms, and 
for such length of time, as the court of probate shall di- 
rect: Provided, such leasing shall never he for a longer 
time than during the minority of the ward; and the mi- 
nority of females shall cease at the age of eighteen 
years. 

Sec. 10. The guardian shall have power under the di- 
rection of the court of probate to superintend the < duca- Superintend 

r I the education 

tion and nurture ol tne ward, and lor that purpose may ot his ward 
pay out such portions of the ward's money as the court 
of probate shall from time to time, by order direct: Pro- 
vided, that the rents and profits arising from his real es- 
tate, and next the interest on the ward's mon«jy. shall always 
be first resorted to, for the education and nurture of the 
ward. 

Sec. 11. The circuit court may for just and reasona- Sale of real es* 
ble cause, being satisfied that the guardian has faithfully tate 
applied all the personal estate, order the sale of the real 
estate of the ward, on the application of the guardian by- 
petition in writing, stating the facts, ard having given no- 
tice to all persons concerned, of such intended applica- 
tion, in some public newspape/ printed in this state, or by 
setting up written notices, in three of the most public pla- 
ces in the county, at least three weeks before the sitting of 
the court. Such order may enable the guardians to sell 
and convey the real estate for the support and education 
of the ward, or to invest the proceeds in other real estate* 
The court in such order shall direct the time and place of 
sale, the notice thereof to be given, and may direct the 
sale to be made on reasonable credit; and require such 
security of the guardian and purchaser as the interest of 
the ward may require. It shall be the duty of the guar- 
dian making such sab-, as soon as may bf°, to make return 
of such proceedings to the court grautina the order, which 
if approved by the court shall be recorded, and shall vest in 
the purchaser or purchasers, all the interest the ward had 
in the estate so sold; application for the sale of such real 
estate shall be made in the county, where the ward shall 
reside, although the estate may lie in a different county; 
but if the. ward do not reside in this state, such applica- 
tion shall he made to the court of the county where the 
whole or a part of the e&tate.shull be situated- 



504 



MINORS, ORPHANS AND GUARDIANS 



Sec. 12. An account of all moneys received by any 
guardian, for the sale of real estate of any minor as afore- 
said, shall be returned on oath by such guardian to the 
court of probate of the county, where letters of guardian- 
ship were obtained, and such moneys shall be accounted 
for, and shall be subject to the order of the court of pro- 
bate in like manner as other moneys belonging to such mi- 
nor. 

Sec. 13. Appeals shall be allowed in all cases from the 
order or judgment o( the court of probate to the circuit 
court, in the same manner as is provided by an act relative 
to wills and testaments, executors and administrators, and 
the settlement of intestate's estates. 

Sec. 14. Guardians on final settlement, shall be allow- 
ed such fees and compensations for their services, as shall 
seem reasonable ar.d just to the judge of probate, not ex- 
ceeding what are, or shall be allowed by law, to adminis- 
trators. 

Sec. 15. All laws and parts of laws heretofore enacted 
on the subject of appointing guardians to minors, and for 
the management of their estates, and every thing relating 
Laws repealed thereto, are hereby repealed ; but no right acquired or 
proceedings had. or which may he acquired or had before 
this act takes effect, under those laws shall be impaired, or 
set aside, in consequence of the passage of this act, and all 
settlements in those cases shall be made agreeably to the 
requitions and provisions of the same. This act to take 
effect and be in force on the first day of June next. 

[Approved, Feb. 5, 1827.] 



Appeals from 
jadge at pro- 
bate 



Compensation, 
of guard iaji 



NE EXEAT AND INJUNCTIONS. 



AN ACT regulating the issuing of Writs of Nc Exeat and 
Injunctions. 



In force June 1 
1827 



Sec 1. Be it enacted by the People of the State of Illinois 
represented in the General Assembly, That writs of ne exeat 
rcspublica, may hereafter be granted, as well incases where 
the debtor demand is not actually due, but exists fairly 
and bona fide in expectancy at the lime of tanking applica- 
tion, as in cases where the demand is due; and it shall not 
When ne exeat be nccessarv to authorize the granting of such writ of rx 
maybe granted ^^ ^ tnp a p p J iranl shoulcl B h ew that his debt Or de* 

mund is purely of an equi able character, and only cogni- 
zable before a court of equity. 
Sec. -2. In case of joint, or joint and several obligors or 



NE EXEAT AND INJUNCTIONS. 305 

debtors, if one or more of them be about to remove In c »se of joint 
without the jurisdictional limits of this state, taking their g^*™ 1 obIi " 
property with them, leaving one or more co-obligors or 
debtors bound with them for the payment of any sum of 
money, or for the delivery of any article of property, or 
for the conveyance of land at a certain time, which time 
shall not have arrived, at the time of such intended re- 
moval, such co-obligor or debtor who remains, shall be en- 
titled on application to a writ of ne exeat, to compel the 
co-obligor or co-debtor, who is about to remove, to secure 
the payment of his part of the sum to be paid, or of the 
delivery of the property, or to convey or to join in the 
conveyance of the land. Also incases of security, the writ 
of ne exeat may issue on application of a security, against 
the principal or co-security, when the obligation or debt 
shall not be yet due, and the principal or co-security is 
about removing out of the state. 

Sec 3. No writ of ne exeat shall be granted, but upon Bill or petition 
bill or petition filed, and affidavit to the truth of the alle- to be filed, &c 
gations therein contained; upon the granting of any such 
writ, the court or judge granting the same, shall endorse, 
or cause (o he endorsed, on the bill or petition, in what 
penalty, bond and security shall be required of the de- 
fendant; and shall also, before issuing the said writ, take 
bond of the complainant, with good and sufficient security, 
in such sum as the said court or judge shall deem proper, 
conditioned, that the said complainant will prosecute his 
bill or petition with effect; and that he will reimburse to 
the defendant, such damages and costs as he shall wrong- 
fully sustain by occasion of the said writ. If any defen- 
dant to such writ of ne exeat shall think himself aggrieved, 
he may bring suit on such bond; and if on trial, it shall 
appear that such writ o(ne exeat was prayed for without a 
just cause, the person injured shall recover damages, to 
be assessed as in other cases on penal bonds. 

Sec. 4. All writs of ne exeat, shall be returnable into 
the circuit court of the proper county; and when granted 
by a judge in vacation, may be issued under the hand of 
the judge; or the jud^e may direct the clerk of the said 
circuit court to issue the said writ, and to take bond of the 
complainant as is .above required. 

Sec. 5. The writ of ne exeat shall contain a summons for The vvr ; tw}tut 
the defendantto appear in the circuit court and answer to toconuin 
to the said petition or bill, and upon the same being ser- 
ved upon the said defendant, he shall give bond with sur- 
ety, in tlve sum endorsed on such writ, conditioned that he 
will not depart the state without leave of the said court. 
and that he will render himself in execution to answer any 
3.9 



$M NE EXEAT AND INJUNCTIONS. 

judgment or decree, which the said court may render 
against him; and in default of giving such security, he- 
may be committed to jail as in other cases, for the want 
of bail; no temporary departure of the defendant from 
the state shall be considered as a breach of the condition 
ofthe said bond, if he shall return before personal appear- 
ance shall be necessary to answer or perform any judg- 
ment, order, or decree of the said court. 
Surety may Sec 6 * The surety in any bond for the defendant as 

surrender de- aforesaid, may at any time before the said bond shall be 
fendant forfeited, surrender the said defendant in exoneration of 

himself in the same manner that bail may surrender their 
principal, and obtain the same discharge. 

Sec. 7. On the return of the writ of neexeat, if the same 
shall have been duly served, the court shall proceed there- 
in as in other cases in chancery, if the matters alleged in 
said bill be purely of an equitable character; and the 
time of performance of the duty or obligation of the de- 
fendant has expired, if not, then the proceedings shall be 
stayed until it has expired; but the court may neverthe- 
less proceed to determine whether the said writ ought not 
to be quashed or set aside. 

Sec 8. The supreme and circuit courts in term time, 
and any judge thereof, in vacation, shall have power to 
grant writs. of ne exeat and injunctions. No writ of in- 
junction shall be granted to stay proceedings under a 
judgment obtained before a justice of the peace for a sum 
not exceeding twenty dollars, besides the costs. 

Sec. 9. When an injunction shall be granted by the su- 
Injunctions, kc preme court or a judge thereof, it shall be made returna- 
ble into the circuit court of the proper county. 

Sec 10. Where an injunction shall be granted to stay 
a suit or judgment at law, the proceedings shall be had in 
Proceedings on the county where the judgment was obtained, or the suit 
injunctions - g p en jj n g. anc j tr]e wr j t f subpoena may be sent in the 
first instance into any county within this state where the 
defendant resides. 
. Sec. 1 1. No injunction shall be granted to stay anyjudg- 

otgwnte , -c ment at j aw ^ j or a greater sum than the complainant shall 
shew himself equitable not bound to pay, and so much 
as shall be sufficient to cover costs; every injunction 
when granted, shall operate as a release of all errors in the 
proceedings at law, that are prayed to be enjoyed. No in- 
junction shall be issued unless the complainant shall have 
previously executed a bond with sufficient surety to the 
defendant, approved by the court or judge granting such 
injunction, and filed with the clerk in double the sum di- 
rected to be enjoined, conditioned for the payment of all 



»E EXEAT AND INJUNCTIONS. 30? 

money and costs due, or to be due, to the plaintiff in the 
action at law; and also all such costs and damages as shall 
be awarded against the complainant, in case the injunc- 
tion shall be dissolved, or such bond may be entered into 
before the clerk of the circuit court of the county, where 
the writ is required to be issued, the court or judge grant- 
ing the injunction, having first approved the security. If 
the injunction be dissolved in the whole or in part, the com- 
plainant shall pay, exclusive of legal interest and costs, 
such damages as the court shall award, not exceeding ten 
per centum, on such part as may be released from the in- 
junction; and the clerk shall issue execution for the same,, 
when he issues execution upon such judgment. 

Sec. 12. If any person against whom a writ of injunc- Breach of inw 
tion shall be issued, shall after the service thereof be guil- JuncUQn 
ty of disobedience to, and breach of the said injunction, 
it shall be lawful for the judge granting the same; or if 
the same were granted in open court; then for any judge 
of that court in vacation to issue an attachment against 
the said person for a contempt, upon his being brought be- 
fore the said judge, unless he shall disprove or purge the 
said contempt, the said judge may in his discretion, com- 
mit him to jail, until the sitting of the court, in which the 
said injunction is pending, or take bail for his appearance 
in the said court at the next term thereof, to answer for 
the said contempt, and to abide the order of the court 
thereon. 

Sec. 13. Upon the filing of an answer, it shall be in or- Procedinf , aftg „ 
der at any time in term, to move for the dissolution of the answer fifed 
injunction; and upon such motion it shall be lawful for 
the parties to introduce testimony to support the bill and 
answer: the court shall decide such motion upon the 
weight of testimony, without being bound to take the an- 
swer as absolutely true. If, after such dissolution is mov- 
•ed for, the plaintiff in the bill, will satisfy the court by his 
own affidavit or the affidavit of any disinterested person, 
that the answer, or any material part thereof, (to be speci- 
fied in such affidavit) is untrue, and that he has witnesses 
whose testimony he believes' he can procure by the next 
term of the court, who will disprove the said answer, or 
such material part thereof as shall be specified as afore- 
said, and that he has had no opportunity to procure such 
testimony, since the coming in of the answer, it shall be 
lawful for the court to grant a continuance of the said 
motion, until the next term. The teslimony to be heard 
on such motions, aside from the bill and answer shall be, by 
depositions in writing, taken as in other cases in chance- 
ry proceedings, except the affidavits which may have been 



3D6 



Acts repealed 



OATHS AND AFFIRMATIONS. 

filed with the bill or answer, which may be read on such 
motion as heretofore; and the depositions taken to dis- 
solve an injunction, may be read on the final hearing of 
the cause in which they have been taken. 

Sec 14. Ail acts and parts of acts coming within the 
intent, spirit and meaning of thi* act, and the objects and 
proceedings to which it relates and heretofore in force in 
this state, are hereby repealed. No proceedings, howev- 
er, had, or rights secured under them, shall be in any way 
impeded or impaired, but may be prosecuted and enfor- 
ced, as if this act had not taken effect. This act to take 
effect on the first day of June next. 

[Approved, Jan. 22, 1827.] 






OATHS AND AFFIRMATIONS. 



In force Dei 
26, 1826 



Conscientious 
persons may 
sw-ar without 
kissing book 



Manner of it 



Subject to the 
same penalties 
as in other cases 



Such persons 



may affirm 



"Penalty for 
corruptly af- 
firming, &c. 



AN ACT concerning Oaths and Affirmations. 

Sec. 1 . Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly, That whenever any person 
shall be required to take an oath before he enters upon 
the discharge of any office, place, or business, or on any- 
other lawful occasion, and such person shall declare that 
he or she has conscientious scruples about the present 
mode of administering oaths, by laying the hand on, and 
kissing the gospels; it shall be lawful for any person em- 
powered to administer the oath, to administer it in the 
following form, to wit: the person swearing shall, with 
his ftr her hand uplifted, swear by the ever living God; and 
shall not be compelled to lay the hand on, or kiss the Gos- 
pels. And oaths so administered, shall be equally effec* 
tual, and subject such persons to the like pains and pen- 
alties for wilful and corrupt perjury, as oaths administer- 
ed in the usual form. 

Sec 2. Whenever any person required to take or sub- 
scribe an oath as aforesaid, and in all cases where an oath 
is upon any lawful occasion to be administered, and such 
person shall have conscientious scruples against taking an 
oath, he or she shall be admitted instead of taking an oath, 
to make his or her solemn affirmation, or declaration in 
the following form, to wit: "You do solemnly, sincerely, and 
truly, declare and affirm;'' which solemn affirmation, or 
declaration shall be equally valid, as if such person had 
taken an oath in the usual form; and every person guilty 
of falsely and corruptly declaring as aforesaid, shall in- 
cur and suffer the like pains and penalties as are or shall 



occasions 



POOR. .09 

be inflicted on persons convicted of wilful and corrupt 
perjury. 

Sec. 3. All courts now established, or hereafter to be 
established, and each judge, justice, and clerk thereof, Who may ad- 
and all justices of the peace, shall, respectively, have ^" ,ster oulh8 ' 
power to administer oaths and affirmations to witnesses 
and others, concerning any thing depending, or proceed- 
ing commenced, or to be commenced, before them, re- 
spectively; and the said courts, the judges, justices and and upon what* 
elerkg thereof, within their respective districts, circuits, or 
counties, and the justices of the peace within their coun- 
ties, shall respectively have power to administer all oaths 
of office, and other oaths required to be taken by any per- 
SDn before entering upon the discharge of the duties of 
any office, appointment, place or business, or any other 
lawful occasion, and to take affidavits and depositions con- 
cerning any matter or thing, process or proceedings, de- 
pending or to be commenced, in any court, or before any 
jus lice of the peace, or on any occasion wherein such af- 
fidavits or depositions are authorized or required bylaw 
to be taken. And all oaths, affirmations, affidavits and penalty for 
depositions, so administered or taken, shall subject any false swearing 
person who shall so swear or affirm, wilfully and falsely, 
in any matter material to any issue or point in question, 
to the like pains and penalties inflicted by law, for the 
time being, on persons convicted of wilful and corrupt 
perjury. 

[Approved, Dec. 26, 1326.] 



POOR. 



AY ACT for the maintenance of the Poor. in force Mar 

1, 1827 

sec. 1 . Be it enacted by the People of the State of Illinois, 
4 -presented in the General Assembly, That the county com- 
missioners of the several counties in this state, shall be, P 3 , 11 "! 7 comV * 

, . 7 7 to nave super-- 

and they are hereby vested with entire and exclusive su- intendence of 
pciintendcnce of the poor, in their respective counties. l' 001 ' 
Sec. 2. Every poor person who shall be unable to earn „ r? , , . 

i- ii j • r i ft • /? .j What relatives 

a livelihood, in consequence ot any bodily infirmity, or S haii support 
other unavoidable cause, shall be supported by the father, each other 
grandfather, mother, grand mother, and children, of such 
pauper, if they or cither of them be of sufficient ability: 
and every person who shall fail or refuse to maintain his 
^r her father, grand father, mother, grand mother, oi 
child, when directed by the county commissioners' court. 



310 PRACTICE. 

t>f the proper county, so to do, shall forfeit and pay, to the 
said county commissioners, for the use of the poor of their 
county, the sum of rive dollars for every month for which 
they or either of them shall so fail or refuse, to be recover- 
ed in the name of the county commissioners, for the use 
of the county, before any justice of the peace. 

Sec. 3. When any person shall be incapable of earn- 
Poop having ro j,^ a livelihood, as aforesaid, and shall not have any such 

relations, &c. f . . . ' ... J 

how supported . relatives as are named in tne preceding section, or such 
relatives shall not be of sufficient ability, or shall fail or 
refuse to maintain such pauper, then the said pauper shall 
receive such relief as his or her case may require, out of 
the county treasury: and the county commissioners may 
either make contracts for the necessary maintenance of 
the poor, or appoint such agents as they may deem neces- 
sary, to oversee and provide for the same. 

Sec 4. When any minor shall become, or be likely to 

irov?ded?or become chargeable to the county, either because of be- 
ing an orphan, or because the parents or other relatives 
of such minor are unable or refuse to support such minor, 
it shall be the duty of the county commissioners to bind 
such minor as an apprentice to some respectable freehold- 
er of the county, by written indenture, which shall bind 
such minor to serve as an apprentice, until the age of 
twenty-one years, if a male, and the age of eighteen, if a 
female; and shall bind the person receiving the services 
of such apprentice, to furnish said apprentice with com- 
fortable board, lodging, washing, and clothing, and with 
so much schooling, and compensation, as shall be deemed 
right. 

Sec 5. An act entitled "an act for the relief of the 

Acts repealed poor „ a p prove d March 5, 1819, is hereby repealed. 
This act to be in force from and after the first day of May 
next: Provided, that no rights that have accrued under 
the law hereby repealed, or penalties incurred, shall be 
affected by the passage of this act, but the same shall be 
prosecuted according to the provisions of the act hereby 
repealed* 

Approved Feb. 2, 1827. 



F.n fopce 5une 
6, 1827 



PRACTICE. 

AN ACT concerning Practice in Courts of Law, 

Sec. 1. Be it enacted by the People of the Statv\of Illinois rept 
resented in the General Assembly, That the first process in all 



PRACTICE. 311 

actions to be hereafter commenced in any of the circuit First process to 

«. .1 . *_*_ u it i L - be a summons 

courts of tins state snail be a summons, except actions 

where special hail may be required: which summons 

shall be issued under the seal of the court tested in the how i SSUe( j 

name of the presiding judge, dated on the day it shall 

be issued, and signed with the name of the clerk; and 

shall be directed to the sheriff (or if he be interested in the 

suit) to the coroner of the county in which the defendant \° c ^ m dl ~" 

or defendants, or some or one of them reside, or may be 

found; and shall be made returnable on the first day of when retuina- 

the next circuit court in which the action may be com- b,e 

menced. 

Sec. -2. It shall be the duty of the sheriff, or coroner, __. , , 

c J ', ., , | When to be 

to serve all process ot summons, or capias, when it shall scive d 

be practicable, ten days before the return day thereof, 
and to make return of such process to the clerk who issu- 
ed the same, by or on the return day, with at; endorsement and how re*- 
of his service, the time of serving it, and the amount of tarne 
his fees: Provided, that when such process shall have heen p rovi J 
directed to a foreign county, the officer executing the 
same, may make return thereof by mail; and the clerk 
may charge the postage, and tax the amount in his fee 
bill. 

Sec. 3. If it shall not be in the power of such sheriff 
©r coroner to serve such summons or capias, ten days be- 
fore the return day thereof, he may execute the same at 
any time before or on the return day, but in such case 
the defendant or defendants shall be entitled to a con- 
tinuance, and shall not be compelled to plead before the 
next succeeding term. 

Sec. 4. Whenever it shall appear, by the return of the 
sheriff or coroner, that the defendant or defendants are ^ touS?* 
not found, the clerk shall, at the request of the plaintiff, 
issue another summons, or capias, (as the case may be,) 
and so on until service be had, and the defendant or de- 
fendants be summoned, or brought into court, and if such «„_.„ ntt M 

> ' O ' OrMVICc on one 

summons or capias be served on any one or more, but not o- the (lefts 

on all of the defendants, the plaintiff or plaintiffs shall be effect of 

at liberty to proceed to trial and judgment, in the same 

manner as if all the defendants were in court: and any 

judgment so obtained shall be valid against the defendant 

or defendants on whom the process had been served, and 

the plaintiff or plaintiffs may, at any time afterwards, 

have a summons in the nature of a scire facias against the SjJJaJJpJ^ 

defendant or defendants, not served with the first process served 

as aforesaid, to cause him, her, or them, to appear in the 

said court s and shew cause why he, she, or they, should 

not be made party to such judgment, and the court shall 



31 



PRACTICE, 



proceeding 
thereon 



Judgment 



Officer not re- 
turning process 
rule maj be 
made 



proceedings 
thereon 



Declaration 
^hentobe filed 



Docket, how 
kept 



thereupon proceed to hear and determine the matter, in 
the same manner as if such defendant or defendants had 
been originally summoned or brought into court; and such 
defendant or defendants shall also be allowed the benefit 
of any payment which may have been made on the judg- 
ment before recovered, and the judgment of the court 
against the defendant or defendants in such case, shall be 
that the plaintiff or plaintiffs recover against such de- 
fendant or defendants, together with the defendant or de- 
fendants in the former judgment, the amount of his debt 
or damages, as the case may be. 

Sec. 5. If any sheriff or coroner to whom any sum- 
mons or capias shall be delivered, shall neglect or refuse 
to make return of the same, before or on the return day 
of such process, the plaintiff may enter a rule re- 
quiring said sheriff or coroner to make return of such 
process on a day to be fixed by the court, or to shew cause 
on that day, why he should not be attached, for a con- 
tempt of the court; and the plaintiff shall thereupon 
cause a written notice of such rule to be served on such 
sheriff or coroner, and if good and sufficient cause be not 
shewn to excuse such officer, the court shall adjudge him 
guilty of a contempt; and shall proceed to punish such of- 
ficer as in other cases of contempt. 

Sec. 6. If the plaintiff shall not file his declaration, 
together with a copy of the instrument of writing or ac- 
count on which the action is brought, in case the same be 
brought on a written instrument, or account, ten days be- 
fore the court at which the summons or capias is made re- 
turnable, the court, on motion of the defendant, shall con- 
tinue the cause at the cost of the plaintiff, unless it shall 
appear that the suit was commenced within ten days of 
the sitting of the court, in which case the cause shall be 
continued without costs, unless the parties shall agree to 
have a trial, and if no declaration shall be filed ten days 
before the second term of the court, the defendant shall 
be entitled to a judgment, as in case of a non-suit. 

Sec 7. The clerks of the circuit courts shall keep a 
docket of all the causes pending in their respective courts, 
in which shall be entered the names of the parties, the 
cause of action, and the name of the plaintiff's attorney; 
and he shall furnish the judge and bar at each term, 
with a copy of the same, in which all indictments 
and causes to which the people may be a party, shall 
be first set down, after which shall be set down all 
ca?rs in law, in order, according to the date of their 
commencement; and lastly the suits in chancery: and the 
clerk shall also set and apportion the. causes for as many 



PRACTICE. SIS 

days of the term as he may think necessary, or be direc- 
ted uy the jud^e; and all subpoenas for witnesses shall 
be made returnable, on the day on which the cause in 
which the witnesses are to be called, is set for trial. 

Sec. 8. Tlie clerks shall, from time to time issue sub- 
poenas for such witnesses a* may be required by either Clerks to issue 
party, returnable on the day for which the cause in which ,u p0Boas 
they are required to attend, is set for trial, and every 
clerk who shall refuse so to do, shall be fined, at the dis- 
cretion of the court, in any sum not exceeding one hun- 
dred dollars. 

Sec. 9. In all cases pending in any circuit court of this 
state, it both tlie parties shall agree, both matters of law 
and fact may be tried by the court. 

Sec. 10. The several circuit courts shall have power, 
in any action pending before them, upon motion, and good Court may 
and sufficient cause shewn and reasonable notice thereof p^oX^tionol 
given, to require the parties or either of them, to produce books, fee.in 
books or writings in their possession or power, which con- evidence 
tain evidence pertinent to the issue; and it shall be the 
duty of the defendant or defendants, in all cases where he, 
she or they intend to prove, on the trial, any accounts or 
demands against the plaintiff or plaintiffs, to file with his 
plea a bill of the particular items of such accounts or de- 
mands, and no other accounts or demands shall be suffered 
to be proved to the jury. 

Sec 11. On tlie appearance of the defendant or de- 
fendants, the court may allow such time to plead, as may On appearanoe 
he deemed reasonable and necessary, and for want of ap- tXJHo °afeld 
pearance, may give judgment by default on calling the 
cause, except incases where the process has not been ^ u j?§ ment ^ 
served or declaration filed, ten days before the term of 
the court, but all the causes shall be tried, or otherwise 
disposed of in the order they are placed on the docket, 
unless the court, for good and sutficent cause, shall other- 
wise direct. And whenever either party shall apply for continuances 
the continuance of a cause on account of the absence of when allowed 
testimony, the motion shall be grounded on the affidavit 
of the party so applying, or his, her or their authorized 
agent, shewing that due diligence has been used to obtain 
such testimony, or the want of time to obtain it; and also 
the name and residence of the witness or witnesses, and 
what particular fact or facts the party expects to prove 
by such witness or witnesses; and should the court be 
satisfied that such evidence would not be material on the 
trial of the cause, or if the opposite party will admit the 
fact or facts stated in the affidavit, the cause shall not be> 
continued. 

40 



SM PRACTICE. 

Sec. 12. The defendant may plead as many matters of 
I^Ttev^ l ^ act m severa * pl eas a s he may deem necessary for his de- 
pi' *s or th' e d fence, or may plead the general issue, and give notice in 
general issue, writing under the same, of the special matters intended 
nlatS'r in evi-' *° ^ e relied on for a defence on the trial, under which no* 
dence tice, if adjudged by the court to be sufficiently clear and 

explicit, the defendant shall be permitted to give evidence 
of the facts therein stated, as if the same had been spe- 
cially pleaded and issue taken thereon; but no persons 
shall be permitted to deny, on trial, the execution of any 
instrument in writing, whether sealed or not, upon which 
any action may have been brought, or wuicn shall be 
"D.ff'tnotto pleaded or set up by way of defence, or setoff, unless the 
denj theexe- person so denying the same, shall, if defendant, verify his 
nation o* any p j ea b y affidavit: and if plaintiff, shall file his or her affi- 

wriUiig unless ', ., j .a . r c i • r> • i j- 

on oath davit denying tne execution ot such instrument: Provided) 

if the party making such denial be prosecuting, or sued 
as executor or administrator, it shall be sufficient to state 
in such affidavit the belief of the party making the same, 
according to his or her best knowledge, that such instru- 
ment was not executed by the testator or intestate. 

bEC. 13. Whenever judgment shall be given against 

When damages the defendant or defei dants by default, in any action 

^dV^thTtTk brought on a!, V instrument of writing for the payment of 
money only, the court may direct the clerk to assess the 
damages, by computing the interest and report the same 
to the court, upon which final judgment shall be given.; 

"Whenb-a'ury an< ^ * n a ^ ot ' ler ft< ?ti'oiffl when judgment shall go by de- 
fault, the plaintiff may have his damages assessed by the 
jury in court. 

Sec. 14. The court may, in its discretion, before final 
judgment, set aside any default, upon good and sufficient 
cause, upon affidavit, upon such terms and conditions as 
shall be deemed reasonable. 

Sec. 16. All affidavits read in court, during the pro- 

Affiiavhs to be gregg of any ^^ Q|id relating thereto, shall be filed and 

preserved by the clerk. 

Sec 16. In actions brought on penal bonds, condition- 

Pl'ff may as- ed for the performance of covenants, the plaintiff may as- 

sign actons on j g|l j n |^| g declaration as manv breaches as he may think fit, 

and breaches and the jury, whether on trial of the issue or ot inquiry shall 

assess the damages for so many breaches as the plaintiff 

shall prove, and the judgment for the penalty shall stand 

as a security for such other breaches as may afterwards 

happen and the plaintiff, may, at any time afterwards, 

sue out a writ of inquiry, to assess damages for the breach 

of any covenant or covenants contained in such bond, 

subsequent to the former trial or inquiry; and whenever 



PRACTICE. &$ 

execution shall be issued on such judgment, the clerfe 
shall endorse thereon the amount of the damages assessed 
b) the jury, with the costs of suit, and the sheriff or coroner 
shall only collect the amount so endorsed: Provided^ that 
in all cases, where a writ of inquiry of damages shall he 
issued for any such breaches, subsequent to the first trial 
or inquiry, the defendant, or his agent or attorney, shall 
have at least ten days notice, in writing, of the time of 
executing the same. 

Sec. 17. The defendant or defendants in any action 
brougiit upon an) contractor agreement either express or ptead 
implied, having claims or demands against the plaintiff or 
plaintiffs in such action, may plead the same or give no- 
tice thereof under the general issue, as is provided in the 
twelfth section of this act; or under the plea of payment; 
and the same or such part thereof, as the defendant or 
defendants shall prove on trial, shall be set off and allow- 
ed against the plaintiff's demand, and a verdict shall be 
given for the balance due, and if it shall appear that the 
plaintiff be indebted to the defendant, the jury shall find ^^ , 
a verdict for the defendant or defendants, and certify to may'gotordefi 
the court the amount so found; and the court shall give 
judgment in favor of such defendant or defendants tor the 
amount so certified, with the costs of his defence and ex- 
ecution shall be issued on such judgment as in other, 
cases. 

Sec. 1 . In all civil actions, each party shall be entitled chaHenK3 
to a challenge of three jurors, without shewing cause for 
such challenge; and when the jury retire to consider of 
their verdict, they shall be permitted to take any papers 
that may have been used as evidence on the trial. And 
no plaintiff shall suffer a nonsuit on the trial, unless he 
do so before the jury retire from the bar. 

6ec. 19. If during the progress of anv trial in any ci- 
vil cause, either party shall allege an exception to the gjgSjJjj 
opinion of tne court, and reduce the same to writing, it the court 
shall be the duty of the judge to allow the said exception, 
and to sign and seal the same; and the said exception 
shall thereupon become a part of the record of such 
cause. 

Sec. 20. It shall be sufficient for the jury to pronounce 
their verdict, by their foreman, in open court, without re- Verdict 
during the same to writing, and the clerk shall enter the 
same in form, under the direction of the court; and il either 
party may wisli to except to the verdict, or for other 
causes to move for a new trial, or in arrest of judgment, New trial 

shall, before final judgment be entered, give, by him- 
self or couftsel, to the opposite parly, or his counsel, tbe 



316 PRACTICE. 

points in writing, particularly specifying the grounds of 
such motion, and shall also furnish the judge with a copy 
of the same, and final judgment shall thereupon be stay- 
ed, until such motion can be heard by the court. But no 
more than two new trials shall he granted to the same 
party, in the same cause; nor shall any verdict or judg- 
ment, be set aside for irregularity only, unless cause be 
shewn for the same, during the sittu g of the court at the 
term such judgment or verdict shall be give n. 
_ Sec. 21. Whenever an entire verdict shall be given on 

duSfnotb^'sa severa * counts, the same shall not be set aside, or rever- 
aside sed, if any one or more of the counts be good. 

Sec. 22. In cases of attachment against absent or ab- 
Xn <^se of at- sconding debtors, the attaching creditor or creditors shall 
larauooto be "" 00 tne return of the attachment, or at the term of the 
filed court where the same is made returnable, file a declara- 

tion with a copy of the instrument or account, on which 
the attachment was issued as in other cases; after which 
the cause shall proceed as in other cases; and if no de- 
claration shall be filed, the defendant, on entering his ap- 
pearance, shall have a judgment against the attaching 
creditor for costs. 

Sec 23. Any person, for a debt bona fide due, may 
Judgment by confess judgment, by himself or attorney duly authorized, 
confession without process; and every confession of judgment, 

whether with or without process, shall operate as a release 
of all errors in the entering up of the judgment, or ma- 
king record thereof; and in no cases except when the title 
Complete rec- ^ ^ f j ^jj come in question, shall it be necessary for 
the clerk to make a complete record, unless specially re- 
quested by one of the parties, who shall pay the costs of 
the complete record. 

Sec 24. Where judgment shall be arrested for any 
When arrested defect in the record or proceedings after the first process, 
the plaintiff shall not be compelled to commence his ac- 
tion anew; but the court shall order new pleadings to 
commence with the error that caused the arrest. 

Sec. 25. The clerks of the several circuit courts shall 
Clerks to keep fc ee p a f ee book, in which shall be clearly and distinctly 
set down in items under the proper title, the costs of each 
suit, including the sheriff's and witnesses, as well as the 
clerk's fee*, noting distinctly what fees have accrued on 
the part of each party; which fee book shall be a public 
record; and whenever any suit shall be determined, and 
final judgment entered, the costs and charges of each par- 
ty litigant shall be made un, and the costs of the prevail- 
ing party shall be included in tbo judgment, and the clerk 
shall always send out a bill of such costs, with the execu- 



\ 



PRACTICE, 317 

uon; and the costs of the party failing in the suit shall be 
collected by ice bill, in tlie manner prescribed by law. 

Sec. i6. If any clerk shall is&ue a fee bill, or a bill of 
costs with the execution, without first entering the same Fee bill to be 
in nib lee book, or if any =uch bill ot costs or fee bill shall e 
be so issued which shall not i»e in substance a copy of the 
recorded bill, the same shall be void: and any person hav- 
ing paid such bill oi costs or fee bill, may recover from 
the cierk tne amount thereof, with costs of suit, in any 
court having cognizance thereof: and in every biii of 
costs to he made and recorded as aforesaid, the names of 
the witnesses shall be staled, with the number of days 
each attended at every term. 

Sec. 27. It shall not be necessary to insert in the judg- 
ment other than the docket book, the costs of the prevail* ce 
ing party, except in cases where a complete record shall 
be required; buttliefee book of the clerk shall be taken and 
deemed a part oi the record; suuject, however, at all 
times, to he corrected by the court. 

Sec. 28. If the verdict in any action of ejectment shall 
be given for tne plaintiff", it shall and may be lawful for 
the same jury to assess damages for the plaintiff for mesne 
profits; and when the plaintiff shall recover judgment by 
delauit, lie may have a writ of inquiry of damages for 
sucn mesne profits as in other cases; and the court shall 
award execution, not only for possession, but for such 
dauuiges and costs of suit. 

Sec. 2d. The clerks of the several circuit courts shall taderaeat 
provide and keep in their respective offices, a well hound 
book for entering therein an alphabetical docket of all 
judgments and decrees rendered in their respective courts; 
and it snail be tne duty of said clerks, during every term 
or within thirty days thereafter, to enter in such docket 
all final judgments and decrees rendered at such term in 
alphabetical order, by the name of the person against 
wiiom the judgment or decree was entered, which shall 
contain in columns ruled for that purpose, the names of 
the parties, tne date, the nature of tne judgment or de- 
cree, tlie amount of the debt, damages and costs, the book 
and page in which it is entered, and leaving a blank col- 
umn or columns for entering a note or memorandum of the 
satisfaction or other disposition thereof: and when any 
judgment oi decree shall be satisfied by execution or oth- 
erwise, or shall be set aside, the said clerk shall enter a 
memorandum thereof in the column left for that purpose, 
shewing how disposed of, and the date, book and pa^e 
Where the evidence thereof is recorded; and such dork- J^5L foT,|flt 
ets may be searched by perso*:*. Rt all reasonable times. 



316 



PRACTICE. 



Sheriff not ve 
turning execi 



igainst 



without fee: and every clerk who shall fail to keep suck 
docket, or to enter therein any judgment or decree as 
aforesaid, shall forfeit and pay a sum not exceeding one 
hundred dollars, nor less than twenty-five dollars, and costs 
of suit; the one half to the use of the county where such 
court is held, and the other half to the use of any person 
who will sue for the same; to be recovered by action of 
debt in the circuit court. 

Sec. 30. Whenever anv sheriff or coroner, shall neg- 
lect or refuse to make return of any execution, to him di- 
we/mone!) 08 rected and delivered, where the same shall be made re^ 
ho vs proceeded turnable, or shall refuse or neglect to pay over any moneys 
collected on such execution, the party suing out such exe- 
cution on giving to said sheriff or coroner ten day's notice 
in writing, of his, her or their intention, may apply to the. 
next circuit court for relief; and it shall be the duty of such 
court on proof, by affidavit of the delivery of such execu- 
tion, if the same be not returned ; or on proof that such 
money has been collected and not paid over, to grant an 
order against such sheriff or coroner, requiring him to 
make immediate return of such execution; or if the 
amount or any part thereof has been collected, to pay over 
the same immediately with twenty per cent thereon from 
the time of collection till paid; and on failure of such 
sheriff or coroner to comply with such order on demand, 
and being served with a copy of the order, he shall be 
judged to be in contempt, and punished accordingly; or 
the plaintiff in such execution may have judgment for 
the money with twenty per cent, thereon so collected, and 
have execution as in other cases. 

Sec. 31. The clerk shall enter in a book to be kept by 
him for the purpose, the return of the sheriff or coroner 
of all executions within thirty days after the same shall be 
returned, under the penalty imposed by the twenty-ninth 
section of this act. 

Sec. 32. Appeals from the circuit courts to the supreme 
court shall be allowed in all cases where thejudgment or de- 
cree, appealed from, be final, and shall amount exclusive of 
costs.to the sum of twenty dollars, or relate to a franchise or 
freehold : Provided, such appeals be prayed for at the time of 
rendering the judgment or decree, and provided the party 
praying for such appeal, shall by himself or agent or attor- 
ney give bond with sufficient security, to be approved of 
by the circuit court, and filed in the office of the clerk of 
the circuit court, within the* time limited by the court; 
which bond shall he. in a reasonable sum, sufficient to cov- 
er the amount of the, judgment appealed from, and all costs, 
and conditioned (o? the payment of the judgments, costs. 



Appeals from 
the circuit to 
the supreme 

court 



PRACTICE. 3^ 

interest and damages, in case the judgment shall be affirm* 
ed, and also for the due prosecution of said appeal, and 
the obligee in such bond may, at any time, on a breach of 
the conditions thereof, have and maintain an action at law 
as on other bonds. 

Sec. 33. The appellant shall lodge in the office of the 
slerk of the supreme court an authenticated copy of the 
record of the judgment or decree appealed from, by or 
before the third day of the next succeeding term of said 
supreme court, provided that if there be not thirty days be- 
tween the time of making the appeal, and the sitting of 
the supreme court, then the record shall be lodged as afore- 
said, at or before the third day of the next succeeding 
term of said supreme court, otherwise the said appeal 
shall be dismissed unless further time to file the same shall 
have been granted by the supreme court upon good cause 
shewn. 

Sec. 34. In all cases of appeals and writs of error the 
supreme court may give final judgment, and issue execu- 
tion or remand the cause to the circuit court, in order 
that an execution may be there issued or that other pro- 
ceedings may be had thereon. 

Sec 35. No writ of error shall operate as a superse- 
deas, 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 endorse thereon, that it shall 
be a supersedeas, and operate accordingly; and the par> 
ties in writs of error shall be subject to the same judgment, 
and mode of execution, as is provided in case of appeals. 
Sec. 36. 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 37. The circuit courts in charging the jury, shall 
only instruct as to the law of the case. 

Sec 38. All acts and parts of acts commg within the AeUfepenied 
spirit and meaning of this act, are hereby repealed; but 
no rights acquired shall be affected by this act. This 
^ct to take effect on the first day of Jirie next. 

[Approved, Jan. 29, 1627.] 



V 



320 PRACTICE. 

lSj? r6e Feb ' 2 AJV ACT concernin g Practice. 

Sec. 1. Be it enacted by the People oftlie State of Illinois 
represented in the General Assembly, That any instrument of 
wiitiug, to which the maker shall aftix a scrawl by way of 
seal, shall be of the same effect and obligation, to all in- 
tents, as if the same were sealed. 

Sec. 2. The supreme court in case of a partial rever- 
sal, shall give such judgment or decrees, as the inferior 
court ought to have given; or remand the cause to the ill- 
ferior court for further proceedings, as the case may re- 
quire. 

Sec 3. A negro, mulatto, or Indian, shall not be a wit- 
ness in any court, or in any case, against a white person. 

A person having one fourth part negro blood shall be ad- 
judged a mulatto. 

[Approved, Feb. 2, 1827.] 



PROMISSORY NOTES, BONDS, AND DUE 
BILLS, &c. 

AX ACT relative to Promissory Notes, Bonds, Due Bills, 
^nforee uy , ^ ^^ instruments in writing, and making them assigna- 
ble. 

Sec. 1. Be if enacted by the People of the State of Illinois, 
represented in the General Assembly, That all promissory- 
notes, bonds, due bills, and other instruments in writing f 
made or to be made, by any person or persona, body poli- 

~ L> . . tic or corporate, whereby such person or persons promise, 

obligation to * • c r ,. r , c i 

pay or agree to pay any sum A money or articles ot personal 

property, or any sum of money, in personal property, or 
acknowledge any sum of money or article of personal 
property, to be due to any other person or persons, shall 
be taken to be due and payable, and the sum of money or 
article of personal property therein mentioned, shall by 
virtue thereof be due and payable to the person or persons 
to whom the said note, bond, bill, or other instrument in 
writing is made. And any such note, bond, bill, or other 
instrument in writing made payable to any person or per- 
sons, shall be assignable by endorsement thereon, under 
the hand or hands of such person or persons, and of his, 
ber or their assignee or assignees in the same manner as 
bills of exchange are, so as absolutely to transfer and vest 
the property thereoftn each and every assignee or assignees, 
successively. Aud any assignee or assigness to whom 



PROMISSORY NOTES, BONDS, AND DUE 321 

BILLS, &c. 

such sum of money or personal properly is by such en- Notes. &c. may 
dorsement or endorsements made payable, or in case 
of the death of such assignee or assignees,his her,or their ex- 
ecutors or administrators may in his, her, or their own 
name or names, institute and maintain the same kind of 
action for the recovery thereof against the person or per- 
sons who made and executed any such note, bond, bill, or 
other instrument in writing, or against his, her, or their 
heirs, executors or administrators, as might have been 
maintained against him, her or them, by the obligee, or 
payee, in case the same had not been assigned; and in ev- 
en such action in which judgment shall be given for the 
plaintiff or plaintiff*, he, she, or they shall recover his, her, Notice of as- 
or their damages and costs of suit, as in other cases: Pro- S| g nment 
•sided, that the maker shall never be allowed to allege pay- 
ment to the payee, made after notice of such assignment 
as a defence against such assignee or assignees. 

Sec. 2. Every assignor or assignors, or his, her or their . .. , ._ 

.. J , a . . b r , ,, Assignors liabil 

heirs, executors or administrators or every such note, bond, i ty where due 

bill or other instrument in writing, shall be liable to the diligence is 
action of the assignee or assignees thereof, or his, her, or us " 
their executors or administrators, if such assignee or as- 
signees shall have used due diligence by the institution 
and prosecution of a suit against the maker or makers of 
such assigned note, bond, bill other instrument of writing, 
or against his, her, or their heirs, executors or administra- 
tors, for the recovery of the money or property due there- 
on, or damages in lieu thereof: Provided, that if the in- 
stitution of such suit would have been unavailing, or that 
the maker or makers, had absconded, or left the stale, 
when such assigned note, bond, bill, or other instrument in 
writing became due, such assignee or assignees, or his or 
her executors or administrators may recover against the 
assignor or assignors, or against his or their heirs, execu- 
tors or administrators, as if due diligence by suit had been 
used. 

Sec. 3. If any such note, bond, bill or other instrument 
in writing, shall be endorsed after the day on which the Eff ct ofr? _ 
money or property therein mentioned, becomes due and *g D ment after 
payable, and the endorsee shall institute an action thereon »; (,te becomes 
against the maker and signer of the same, the defendant 
being maker and signer, shall be allowed to set up the 
same defence that he might have done, had the said action 
been instituted in the name and for the use of the person 
or persons to whom the said note, bond, bill or other in* 
Itrument in writing, was originally made due and payable. 

Sec. 4. If any such note, bond, bill, or other instru- 
41 



522 



Effect of assrgn 
ment before 
note becomes 
due 



Consideration 



Provisc 



Frtud pleaded 
in bar 



Obligations for 
p t ';sonal prop- 
erty 



PROMISSORY NOTES, BONDS, AND DUE 
BILLS, &c. 

ment of writing, shall be endorsed before the day the mo- 
ney or property therein mentioned, becomes due and pay- 
able; and the endorsee shall institute an action thereon 5 
the defendant may give in evidence at the trial any mo- 
ney or property actually paid on the said note, bond, bill, 
or instrument in writing, before the said note, hond, bill, or 
other instrument in writing, was endorsed or assigned to 
the plaintiff, on proving that the plaintiff had sufficient 
notice of the said payment, before he or she accepted or 
received such endorsement. 

Sec. 5. la any action commenced, or which may here- 
after be commenced in any court of law in this state, upon 
any note, bond, bill, or other instrument in writing, for the 
payment of money or property, or the performance of cov- 
enants or conditions by the obligee or' payee thereof, if 
such note, bond, bill, or instrument in writing, was made or 
entered into without a good or valuable consideration; or 
if the consideration upon which such note, bond, bill or 
instrument in writing, was made or entered into, has wholly 
or if j part failed,it shall be lawful for the defendant or defen- 
dants against whom such action shall have been commenc- 
ed by such obligee or payee, to plead such want of con- 
sideration, or that the consideration has wholly, or in part 
faiied; and if it shall appear that any such note, bond, 
bill, or instrument of writing, was made or entered into 
Without a good or valuable consideration, or that the con- 
sideration has wholly failed, the verdict shall he for the 
defendant; and if it shall appear that the consideration 
has failed in part, the plaintiff shall recover according to 
the equity of the case: Provider!, that nothing in this sec- 
tion contained shall be construed to affect or impair the 
right of any bona fide assignee or assignees, of any instru- 
ment made assignable by this act, where such assignment 
was made h« fore such instrument became due. 

Sec 6. If any fraud or circumvention be used in ob- 
taining the making or executing of any of the instruments 
aforesaid, such fraud or circumvention may be pleaded in 
bar to any action to be brought on any such instrument so 
obtained, whether such action be brought by the party 
committing such fraud or circumvention, or any assignee 
or assignees of such instrument. 

Sec 7. In all cases where any of the before mentioned 
instruments of writing are for the payment or delivery of 
personal property, other [than] money, and no particular 
place be specified in such instruments of writing for the 
payment or delivery thereof, iffehall be lawful for the ma- 
ker oi any such instrument of writing, to tender or cause to 



PROMISSORY NOTE??, BONDS, AND DUE 
BILLS, &c. 

be tendered on the day mentioned in any such instrument, 
the personal property therein mentioned, at the place where 
the obligee or payee of any such instrument, resided at 
the time of the execution thereof: Provided however, if such Proviso 
personal property be too ponderous to be easily moved, or 
if the obligee or payee of such instrument had not at the 
time of the execution of such instrument of writing, a 
known place of residence in the county where the maker 
or makers resided; then it shall be lawful to tender such Tender 
personal property at the place where the maker or makersof 
such instrument resided, at the time of the execution there- 
of. Any tender made in pursuance of this section shall 
be equally valid and legal, in case any such instrument of 
writing shall have been assigned in pursuance of the first 
section of this act, as if no such assignment had been made. 

Sec 8. A legal tender of any such personal property, 
shall discharge the maker of any such instrument, from Effect of 
all liability thereon: and the property thus tendered, is 
hereby declared to be vested in, and belong to the legal 
holder and owner of any such instrument of writing, and 
he may maintain an action for the recovery thereof, or for 
damages, if the possession be subsequently illegally with- 
held from him: Provided however, if any such property so Proviso 
tendered, shall be of a perishable nature, or shall require 
feeding or other sustentation; and the person owning and 
holding such instrument of writing be absent at the time 
of tendering the same, it shall be lawful for every person 
making such tender, to preserve, feed, or otherwise take 
care of the same, and he shall have a lien on such ten- 
dered property for his reasonable trouble and the expense 
of feeding or sustaining such property, until payment be 
made for such trouble and expense. 

Sec. 9. The act entitled "An act making promissory 
notes, bonds, bills and writings obligatory negotiable," ap- Acts re P ea!e 3 
proved February 6th, 1819; and the act entitled "An act 
to regulate the practice in certain cases," approved Feb- 
ruary c 24th, 1321, shall be, and the same are hereby re- 
pealed: Provided, that the repeal thereof shall not affect 
any rights or defences acquired under said acts. This 
act to take effect from and after the first day of July 
next. 

[Approved, Jan. 3d, 1327.] 



324 



PUBLIC PROPERTY, 



In force Feb. 
15, 1827 



AN ACT to provide for the preservation of the property of 
the State. 



Furniture how 
preserved 



Papen how re- 
turned 



Sec'y of state 
to make cer- 
tain contracts 



To employ a 
person to take 
care of state 



Sec. 1 . Be it enacted by the People of the State of Illinois^ 
represented in the General Assembly ^ That at the close of 
every session of the general assembly, the secretary of 
state shall cause all the tables, chairs, desks, and other 
furniture of the two houses of the general assembly, to 
be placed in the small room adjoining the senate cham- 
ber, and securely locked therein; ar.d he shall not permit 
any part of said furniture to be used during the recess of 
the general assembly, for any purpose whatever. 

Sec. 2. The secretary of the senate, and clerk of the 
house of representatives, at the close of each session of 
the general assembly, shall deliver to the secretary of 
state, all books, bills, documents and papers, in the posses- 
sion of either branch of the general assembly, correctly 
labelled, folded and classed, according to the subject mat- 
ter of such documents respectively; and the secretary 
of state is hereby required to file the same in his office. 

Sec 3. The secretary of state is hereby authorized 
and empowered, to contract with some person, on the best 
terms he can, to procure conductors, and to have such 
repairs made to the eaves and gable ends of the state 
house, as will be necessary to preserve it from injury; and 
make such alterations in the chimneys, as may be neces- 
sary to prevent their srnoaking; a statement of the ex- 
penses for which, he shall lay before the governor, who, 
if the amount be reasonable, shall allow the same; and 
the auditor shall issue his warrant on the treasury accor- 
dingly. And as often as the windows and doors of said 
house shall need repairs, or the furniture thereof to be re- 
plenished or repaired, the said secretary shall have the 
same done, which shall be allowed and paid for as above, 
and he shall permit the firewood which may remain on 
hand, at the end of the general assembly, to be used for 
the public offices. 

Sec 4. The secretary of state is authorized to employ 
a fit person to take charge of the state house, who shall 
permit the senate chamber or representatives' hall to be 
used by the district court of the United States, by the su- 
preme, circuit, and county commissioners' courts, by the 
auditor of public accounts for the sale of lands for taxes, 
and by the people of Vandnlia for public meetings. The 
person so employed shall receive a compensation for his 
services, not exceeding twenty-five state paper dollars per 
annum, payable quarterly. 

Sec n. All acts and parts of acts, coming within the 



REVENUE. 32* 

purview of this act, are hereby repealed. This act to Act repealed 
take effect from its passage. 

[Approved, Feb. 15,1827.] 



Lands taxable 



REVENUE. 

AN ACT to provide for raisins a Revenue. In force Mareb 

1, 1827 

Sec. 1 . Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That all lands claimed 
by individuals or bodies politic or corporate, whether by 
deed, entry, ooad for conveyance, pate i ft, grant, or other- 
wise; except town lots, lands belonging to the United 
States or this state, and such other lands as are exempted 
from taxation, by virtue of the compact between the 
United btates and tins state; are hereby declared subject 
to taxation; and, for that purpose, are hereby divided in- 
to classes, valued and taxed as follows: L; ; ndsof tne first Classes 
quality shall compose tbe hist class, shall be valued at 
four dollar?, and taxed at the rate of two cents per acre: 
Lands of the second quality, shall compose the second 
class, snail be valued at tbe rate of three dollars, and 
taxed at the rate of one and a half cents per acre: Lands 
of the third quality shall compose the third class, shall be 
valued at two dollars, and taxed at the rate of oue cent 
per acre. 

Sec. 2. All non-residents, owning or claiming lands in 
this state, shall, either by themselves or agents, enter the Nonresident 
same in the ottice of the auditor of public accounts, par- •°! lU 5 l « nds 

lit -i • ,i i i i j i i " r in Aua. otr.ee' 

ticularly describing the land, and the class to which each 
tract belongs, accompanied with an affidavit of such non- 
resident, or his agent, stating that such list contains a true 
classification and description of the property therein de- 
scribed, to the best of the deponent's knowledge and be- 
lief. Such non-resident shall not be required to list his 
lands more than once; but the auditor shall annually 
charge the lands, described in such list, with tax according 
to the description contained in the same, until it shall be 
listed in a different manner Every non-resident shall pay 
into the state treasury, on or before the first day of Au- 
gust, annually, the tax imposed upon his land by this act. 
Sec. 3. The auditor of public account-, shall, as soon 
as practicable, after the first day of August, annually, Auditor to 
make out a transcript from his books of all lands owned by scripts 
non-residents, on which any taxes shall be due and unpaid 
adding the interest and costs of advertising, and costs of 



326 



REVENUE. 



And advertise 
where ux re- 
mains unpaid 



Sale provided 
for 



Deed to pur- 
chaser 



sale, to the same; stating the year for which taxes are 
due, and the amount of taxes, interest and costs, and pre- 
fixing the name of the patentee to the description of each 
tract described in such transcript; and snail cause the 
same to be published three weeks successively, in the pa- 
per printed at the seat of government, or in some other 
paper printed in this state; the last of which publications 
shall he at least two months before the day of sale. The 
auditor shall add to such transcript or list, a notice of the 
time a.id place of sale. The printer who shall publish 
said transcript and notice, shall be entitled to receive, out 
of the state treasury, on the warrant of the auditor, ten 
cents for each tract described in such advertisements; pay- 
able in the same kind of funds which are receivable is 
payment of taxes. The auditor shall charge ten cents on 
each tract of land, as the costs of sale, and shall draw 
from the treasury the said sum of ten cents for each tract 
sold by him to individuals for taxes. 

Sec. 4. On the first Monday in January, annually, the 
auditor shall proceed to sell, at the door of the state house, 
or at some other public place in the town of Vandalia, all 
the lands advertised as aforesaid, on which the taxes, in- 
terest and costs shall remain unpaid, or so much of each 
tract as will bring the amount of taxes and costs due. 
The sale shall be continued from day to day, until the same 
shall be completed* If any tract when exposed to sale, 
will not sell for the amount of the taxes, interest and 
costs due thereon, the state shall be considered the 
purchaser of the same. The auditor shall certify to the 
treasurer the amount of all sales, except where the state 
becomes the purchaser; and upon receiving the purchase 
money, the treasurer shall give the purchaser, or his agent, 
a receipt for the same; and on presenting such receipt to 
the auditor, the purchaser shall be entitled to receive, at 
his option, either a certificate of such purchase, or a deed 
in the following form, to wit: "The auditor of public ac- 
counts of the state of Illinois, to all who shall see these 
presents, Greeting: Know ye, that whereas I did on the 
day of at the town of Vandalia, in con- 

formity with all the requisitions of the several acts in 
such cases made and provided, expose to public sale, a 
certain tract of land, being (here insert the description of it) 
for the sum of being the amount of tax for the year 

of (or the years of, as the case may be) wi h the interest, 
(if any) and costs, chargeable on said tract of land: and 
whereas at the time and place aforesaid, offered 

to pay the aforesaid sum of money for (the whole tract or 
part thereof, as the case may be) which was the least 



REVENUE. 3f7 

Quantity bid for; and the said has paid the sum of 

into tne treasury of the state: I havi granted, bar- 
gained, and sold, and by these presents, as auditor of the 
State aforesaid, do grant, bargain, and sell, (here describe 
the tract purchased) to the said (or his assignee) 

his neirs and assigns, to have and to hold the said trait of 
land, to the said and his heirs forever: subject, 

however, to all the rights of redemption provided tor by 
law. In testimony ot which, the said auditor has hereun- 
to subscribed ins name, and aliixed his seal, this day 
of Auditor, (seal.)" 

Which deed, executed as aforesaid, shall vest a perfect 
title in the purchaser, unless the land shall be redeemed 
according to law, or the former owner shall shew that the 
taxes for wnich it was sold had heeu actually paid as re- 
quired by law, or that tne land was not legally subject to 
taxation. 

Sec 5. Any lands which shall be sold by the auditor 
for the taxes and costs thereon, may be redeemed at any Pl , ovisIo . n ^ &* 
time within two years from the day on which the same lc 
were sold, by paying into the state treasury (upon the au- 
ditor's certificate, as in other cases) double the amount of 
the taxes, interest, and costs, for which they were sold. 
Lands belonging at the time of sale, wholly or in part to 
heirs under lawful age, may be redeemed at any time be- 
fore the expiration of one year, from the time when the 
youngest of said heirs becomes of full age: But no person 
shall be permitted to redeem any lands sold for taxes, un- 
less he shall, at the same time, pay into the treasury, all 
taxes which may have become due subsequently to such 
sale, together with interest thereon, at the rate of six per 
cent, per annum, from the time they became due. When- 
ever any person or persons, after the expiration of two e e htiveto mi. 
years from the time when any tract of land was sold for n n- lit-irs & th« 
the taxes thereon, shall apply to the auditor to redeem hlirlhirT ° f 
such land, under the provisions of this act, relative to 
lands owned by minor heirs, it shall be incumbent on the 
person or persons so applying, to produce to the auditor, 
a certificate from the judge, clerk, or other proper offi- 
cer of the proper court having jurisdiction of wills and 
testaments, and intestate estates, that it appears from the 
records of said court, that such person or persons are the le- 
gal heir or heirs of the former owner of said tract of land; 
and that said former owner died before the day on which 
said land was sold for taxes; and also certifying the real 
age of the youngest of said heirs. In cases where there 
has been no will, nor any settlement of intestate estate, 
before the court to wnich such jurisdiction appertains, 



328 REVENUE. 

such heir or heirs shall go before some court of record, 
and exhibit proof of his, her or their heirship, minority, 
and present age; and on producing the certificate of the 
clerk of such court, to the above facts, such heir or heirs 
shall be entitled to the same rights of redemption as above 
provided. Such certificate shall bear the signature of the 
clerk of the court, the genuineness of whose authentica- 
tion shall be certified by the judge, and the official char- 
acter of such judge shall be certified by the secretary of 
the state in winch such proof shall be exhibited, with the 
seal of said state affixed to such certificate. Whenever 
any heir shall redeem any land as aforesaid, the written 
evidence on which his right to redeem the same is founded, 
shall be delivered to the auditor, and by him filed in his 
office. 

Sec. 6. The auditor is hereby empowered, from time 

maTte obtain- to tlQ,e ' to contract f° r ana< obtain from the several land 
ed offices, at which lands lying within this state are sold, ab- 

stracts containing a description of lands entered in such 
land offices, the date of entry, and the names of patentees? 
together with the maps of such parts di the several land 
districts, as lie within this state, in all cases where such 
maps have not been already procured by him. He is al- 
so authorized to obtain as aforesaid, as often as it shall be 
necessary, abstracts of all lands relinquished to the United 
Stales. 

Sec. 7. As soon as practicable after the passage of this 
act, the auditor shall cause maps to be made of the several 
•o tf-'made for coun ^ es ln which taxable lands are contained, on a scale 
couotiesi of one inch to the mile, designating thereon by appropri- 

ate characters, the lands reserved for seminary, school, sa- 
line, and other public purposes, the lands which have been 
divided into town lots, the lands which have been pur- 
chased of the United States, and those which have been 
relinquished. He shall also cause to be made, for each 
of the counties aforesaid, a well bound book containing a 
description of every tract of land within such county, with 
the date of its purchase from the United States, leaving 
sufficient space between the lines to insert the description 
of a subdivision of any tract. To the description of 
each tract shall be prefixed the name of the patentee, and 
of the present owner where the same is known. The 
tracts shall be arranged according to situation, beginning 
with the lowest number of range, township, and section. 
The lands which belong to residents of the county, shall 
be designated by the word Resident, those belonging to 
persons residing in other counties of this state, by the 
words resident of county (naming the county in which 



\ 



iind how made 



REVENUE. 329 

the owner resides;) those belonging to persons not re- 
siding within this stale, by the letters jY. R. those re- 
served for the use of schools, by the letters S. L. those 
reserved for the use of a seminary of learning, by the 
word Seminary; those reserved for saline purposes by the 
word Saline; and those which have been divided into 
town lots, by the name of the Town. But no land shall, be 
considered as having been divided into town lots, until a 
plat of the town shall have been recorded as required by 
law. 

Sec. 8. On or before the first day of April next, or as 
soon as practicable thereafter, the auditor shall cause to J^bSdiwJS 
be delivered to the clerk of the commissioners' courts of to C.C. clerk 
each of the several counties, containing taxable lands, a 
map and book, made and compiled according to the pro- 
visions of the preceding section of this act. The said 
clerk shall keep said map and book in his office, subject 
to the inspection of any person who may wish to examine 
the same, and shall, from time to time, correct such inac- 
curacies, and supply such defects, as may come to his 
knowledge. 

Sec. 9. At their March term, annually, or as soon there- p rov isionfor 
after as may be, the county commissioners' courts of the appointing 
several counties in this state, shall appoint some fit *° UDt y treasup - 
person to act as county treasurer, who shall, before he 
enters upon the duties of his office, take and subscribe the 
following oath, to wit: "I A. B. treasurer of the county of Hiaoath 

in the state of Illinois, do solemnly swear (or af- 
firm) that I will faithfully, impartially, and to the best of 
my skill and judgment, perform the duties required of me 
by law, as treasurer of said county of A. B. 

Sworn to and subscribed before me this day of 
18 before me C. D. Justice of the peace for 
county. 

Sec. 10. Said county treasurer, before he enters upon 
the duties of his office, shall also execute a bond, in such 
penalty and with such security as the county commission- 
ers shall deem sufficient; which bond shall be in the fol- 
lowing form, to wit: "Know all men by these presents, 
that we, A. B. principal, and C. D. and E. F. securities, Form of bond 
all of the county of and state of Illinois, are held 

and (irmly bound, to the people of the state of Illinois, in 
the penal sum of dollars, for the payment of which 

well and truly to be made we bind ourselves, each of us, 
our heirs, executors and administrators, firmly by these 
presents; signed with our hands, and sealed with our seals, 
dated at the day of 1 C2 . The condi- 

tion of the above bond is such, that if the above bound A* 



3S0 



REVENUE. 



Sheriff to de- 
liver books, &C 
to treasurer 



Duty of clerk 



"Duty of treas- 
urer 



How property 
ia listed 



To aote errors 



B. shall perform all the duties required by law to be 
performed by him, as treasurer of the said county of 
in the time and manner prescribed by law; and when he 
shall be succeeded in office shall surrender and deliver 
over to his successor in office, all books, papers, and 
moneys belonging to said county, and appertaining to hit 
said office, then the above bond to be void, otherwise to 
remain in full force. A. B. [seal/ 

Signed, sealed and delivered') C. D. [seal. 

in presence of G. H." ) E. F. [seal/ 

Sec. 11. It shall be the duly of the sheriff* of each 
county, as soon as a county treasurer for such county shall 
have been appointed and qualified to office, as herein pro- 
vided, to deliver over to such county treasurer, all books 
and papers properly appertaining to the office of county 
treasurer, and to pay over to him all moneys in his hands 
belonging to the county, taking the treasurers receipt for 
the same. 

Sec 12. On or before the tenth day of April, annually, 
the clerk of the commissioners* court shall furnish the 
county treasurer with a transcript from the book received 
by him from the auditor, which transcript shall contain a 
list of all the taxable lands in the county, except such as 
are known to be owned b> persons residing out of the 
county, with the names of the patentees, and of the present 
owner, where the same are known. 

Sec 13. On or before the tenth day of April, annual- 
ly, or as soon thereafter as he shall receive from the clerk 
the transcript aforesaid, the county treasurer shall pro- 
ceed to take lists of taxable lands, and of all other taxa- 
ble property upon which the county commissioners' court 
shall have ordered a tax to he levied for the current year. 
The county treasurer shall call at the place of residence 
of each owner of taxable property, for a list of the same; 
and if any such owner shall be absent, he shall list such 
person's taxable properly, according to the best informa- 
tion he can obtain; which list may be corrected by the 
owner, under oath, on application to the count) treasurer, 
at any time before he shall have returned the tax list, to 
the clerk of the commissioners' court. The county treas- 
urer is hereby authorized and required to administer an 
oath or affirmation to every person who may give him a 
list of his taxable property, touching the quality and de- 
scription of his lands, and the quantity and value of his 
other taxable property. The county treasurer shall finish 
taking lists of taxable property, previous to the first day of 
August, annually. He shall note upon the transcript fur- 
nished by the clerk, all errors and deficiencies which he 



REVENUE. 



33.1 



may discover in the same, inserting the name of the pres- 
ent owner of each tract, where it has not been previous- 
ly done; and the clerk of the county commissioners' court 
shall, in the presence of the county treasurer, proceed to 
make the necessary corrections and alterations in the book 
furnished by the Auditor. 

Sec. 14. Any resident in this state owning lands, in a Residentgt0 
county in which he does not reside,, shall list such lands list lan-is in au- 
in the office of the auditor of the state, and pay the taxes ^^SS* 
thereon into the state treasury, in the same manner as is 
provided in the case of non-residents. 

Sec. 15. Whenever in their opinion the revenue arising Power of C.^ 
to the county from the tax on lands shall be insufficientto i™;™^* 
defray the county expenses, the county commissioners' 
court shall have power to levy a tax not exceeding one 
half per cent, upon the following descriptions of proper- 
ty, viz. on town lots, if such lots be not taxed by the trus- 
tees of such town, on slaves, and indentured or registered 
negro or mulatto servants, on pleasure carriages, on dis- 
tilleries, on stock in trade, on all horses, mares, mules, as- 
ses, and neat cattle, above three years of age, and on 
watches with their appendages, and such other property 
as they shall order and direct. 

Sec 16. When a tax shall be ordered to be levied 
on other property besides lands, the county treasurer 
shall make out an abstract of the property so taxed, 
which abstract shall be separate from the list of taxable 
lands. Said abstract shall as near as circumstances will 
permit, be in the following form, to wit: 

"List of property taxed by the Commissioners' Court of 

County for the year 18 , with the owners' 1 names, valua- Form of ab- 
tion of said property, and amount of tax thereon: 







"i 




< 




^ 




~3 ? 




c . 

*1 




i. u 




8 Si 


g.9 


*; 




5 S 




o 


1 

>2 


|? 5 


g 


3 






6 




O 




6 




o 

3 




O 
ft 


> 


ft 


> 


o 
ft 


"3 
> 




■a 
> 


1 Roe 


| 3| $1,50 


| l| ■ 


2 | $300 


| $4500. 


$800. 



OCT 



(£T 



Horses, metres, &';. \ Wat'. 



Total value of property. 






I N°j i 

i i ! 






$6,255. 



Total and. 
of tax. 



332 



REVENUE. 



Sheriff to be 
charged with 
amount of tax- 
es 



Manner of col- 
lecting taxes 



Sheriff to give 
special receipt 



When settle- 
ment to be 
made 



SheFiff to keep 
account of 
kinds of money 
ree'd. 



Which list, or abstract, the county treasurer shall deliver 
to the clerk of the commissioners' court, on or before the 
first day of August, annually. 

Sec. 17. The clerk of the commissioners* court, in each 
county, except those on the military tract, shall charge 
the sheriff with the amount of tax on all lands lying with- 
in the county, owned by residents thereof, and with the 
amount of tax on such other property as shall have been 
ordered to be taxed by the commissioners' court; and 
shall then deliver said lists or abstracts of lands and oth- 
er taxable property, to the sheriff who shall proceed to 
collect the taxes thereon, by calling upon each owner of 
the same, at his or her place of residence. If any owner of 
taxable property shall be absent from home, at the time 
when the sheriff shall call for the tax, the sheriff shall 
leave at such person's residence, a written notice stating 
the amount of tax due from him, and notifying him to pay 
the same to said sheriff previous to the fifteenth day of 
October thereafter. On receiving any taxes, the sheriff 
shall give the person paying the same, a written or printed 
receipt for the same; and when any tax is paid to him on 
land, he shall, in his receipt, describe the same as particu- 
larly as it is described in the tax list. 

Sec. 18. The sheriff shall settle with the clerk of the 
county commissioners' court, on the first Monday in De- 
cember, annually; and said clerk shall allow the sheriff a 
credit for all taxes which he shall have been unable to 
collect by reason of there being no bidder for the proper- 
ty when exposed to sale for the taxes, and the amount found 
due to the county, the sheriffshall immediately pay into the 
county treasury; and for failure to pay the same as afore- 
said, the sheriff shall forfeit to the county one per cent, 
per week upon the whole amount so remaining unpaid. 

Sec. 19. Each sheriff shall keep a regular account or 
abstract of all sums received by him in payment of taxes, 
describing the amount and kind of funds, in which such 
taxes were paid, which abstract shall be as near as cir- 
cumstance, will admit, in the following form: 



Form 



"An account of the moneys and public securities received by A. 
B. Sheriff of the courtly of in the payment of taxes, 

daring six months, ending the day of 1 G 



When, 
receired. 


Of 

whom 


lllinoi 

paper. 


' ir':: | 
Warrants. 1 Count// 


Cur re id 
money. 


Total 

ain't 
rec^d 


Nona. 

ain't. 


In'st I Nom.lln'sti 
ali'd J ara't.Jairdl 




Sept. 5, 


J. J). 


| $,5i J $10. i $ : 4rj $7 ~0 


£0 12 j $23 b2 



REVENUE. 333 

A copy of which abstract, the sheriff shall deliver to 
the clerk of the commissioners' court at the time of mak- 
ing his settlement with the county; and the clerk shall 
keep the same in his office, subject to the inspection of any 
persons who may wish to examine the same. The sheriff 
shall be required to pay over to the county treasurer, the 
taxes belonging to the county, in as good funds as he shall 
have received. When the sheriff shall pay over to the 
county treasurer any monies, or public securities, receiv- 
ed by him for the county, said treasurer shall give the 
sheriff a receipt therefor, specifying particularly the 
amount of each kind of funds in which such payment was 
made. 

Sec. 80. The sheriff shall pay into the county treasury 
the whole of the tax collected by him on property taxed ^SS£^. 
by order of the commissioners' court; and in all counties 
except those on the military bounty tract, the sheriff shall 
also pay into the county treasury, the whole amount of 
the tax collected by him on lands lying within the county. 
The sheriffs of the several counties in the military boun- 
ty tract, shall pay into the state treasury, on or before the 
first day of January annually, all the taxes collected by 
by him on lands lying in said counties, deducting seven £*j? « ,1rtM r 
and a half per cent, as his compensation for collecting the 
same; and a similar compensation shall be allowed to all 
sheriffs for collecting taxes on real and personal property. 

Sec. 21. In lieu of the taxes paid by residents of the 
several organized counties, on the military bounty tract, Pi , ov}s ; on for 
upon lands lying in said counties, the state treasurer shall the counties ia 
pay on the warrant of the auditor to the county commis- {^ e J a,UtotI 
sioners of each of the counties of Pike, Fulton, Peoria, 
Calhoun, Adams, and Schuyler, for the use of the county, 
the sum of two hundred and seventy-five state paper dol- 
lars annually; and any county which may hereafter be or- 
ganized upon the military tract, shall, upon its organiza- 
tion, be entitled to receive a similar sum, from the state 
treasury. 

Sec*22. The clerk of the commissioners'' court of each F(lrther c]flt 
of the several counties on the military bounty tract, shall f clerks 
on or before the first day of August annually, transmit to 
the auditor, by mail or otherwise, a correct list of all lands 
listed for taxation in such county. 

Sec. 23. The clerk of the commissioners court of each 
of the counties in this state, except those on the military Further duty 
tract, shall, on or before the first day of August annually, tfeterto 
transmit to the auditor, by mailor otherwise a list of all tax- 
able lands in the county", which shall not have been listed 
: such county, and which are not known to 



tffa 



REVENUE. 



Provision for 
enforcing the 
collection of 
residents' tax 



belong to residents of the same. All taxable lands which 
shall not be known to belong to residents of the counties 
in which they are situated, shall be charged with tax, ad- 
vertised and sold in the same manner as lands belonging to 
non-residents. 

Sec. 24. If any person, after having been called upon 
by the sheriff to pay his tax, shall neglect or refuse to pay 
the same for the period of twenty days after such notice, 
the sheriff shall proceed to advertise such portion of such 
person's taxable property as he shall deem sufficient, on the 
court house door, and in three other of the most public 
places in the county, giving in snch advertisement fifteen 
days' notice of the time and place of sale, and particular, 
ly describing the property to be sold ; at the time and place 
appointed, unless the taxes and costs shall have been pre- 
viously paid, the sheriff shall proceed to sell said property, 
or so much of it as will bring the amount of tax and costs. 
The land of delinquents residing in the state, shall not be 
sold by the sheriff for taxes until all their personal prop- 
erty, except such as is exempted by law from execution, 
for the payment of debts, shall have been previously sold. 
Whenever the sheriff shall sell any tract of land for tax- 
es thereon, he shall give the purchaser thereof, a deed, as 
near as circustamces will admit, in the form prescribed by 
this act for similar deeds executed by the auditor of pub- 
lic accounts. If any tract of land, when offered for sale 
by the sheriff for the taxes and costs thereon, will not sell 
for the amount thereof, the county shall be considered the 
purchaser of the same. 

Sec 25. All sales of lands for taxes, whether by the 
Auditor or Sheriff, the officer selling, shall previous to the 
sale, designate in what part of the tract, the part sold shall 
be located, and shall give his certificate, or make his deed 
accordingly. 

Sec 26. The sheriff shall make return to the clerk of 
the commissioners 1 court of all lands sold by him for taxes, 
designating particularly the part sold; and said clerk shall 
and clerk upon make a record thereof in his office. The former owner, 
»»eof lands ot or an y person for him, may redeem any such land within 
two years thereafter, by paying into the county treasury, 
on the certificate of the clerk of the commissioners' court 
double the amount for which it was sold, together with all 
subsequent taxes thereon; and said clerk on the presenta- 
tion of the county treasurers receipt, shall give to the 
person applying, a certificate of the redemption of such 
land. The person who purchased snid land, at the tax 
sale, or his legal representative, may draw from the coun- 
ty treasury on the certificate of the clerk as aforesaid, the 



Duty of sheriff 



residents 



REVENUE. 336 

sum so paid in redeeming such land, together with all sub- 
sequent taxes, which he may have paid thereon. Heirs 
under lawful age, owning any lands sold for taxes by the 
sheriff, shall have the same rights to redeem their lands as 
are given to such persons in the case of lands sold by the 
auditor. 

Sec. 27. All lands sold to the state or county, for the taxes 
and cost thereon, unless redeemed previously to advertis- How land ma/ 
ing another sale of lands for taxes, shall be charged with be rcdeemed 
the amount for which it was sold, and fifty per cent, ad- 
vance thereon, together with all taxes, which would sub- 
sequently have accrued to the state or county, if the state 
or county had not become the purchaser thereof; and 
such land shall be advertised and sold again in the same 
manner as if it belonged to individuals. Lands sold to the .^gabroid^ 
state or county for taxes, may be redeemed, by paying the 
sum for which they were sold, and fifty per cent, advance 
thereon, together with all taxes which may subsequently 
become due. 

Sec. 28. The books and records belonging to the office 
of the auditor of public accounts, shall be deemed suffi- 
cient evidence to prove the sale of any tract of land for 
taxes, or the redemption of the same, or the payment of 
taxes thereon. 

Sec 29. No sheriff or deputy sheriff, during his con- 
tinuance in office shall be eligible to the office of county 
treasurer, nor shall any county treasurer be permitted to 
act as deputy sheriff. 

Sec. 30. It shall be the duty of the state treasurer, and inwhatmon^ 
of the several sheriffs to receive in payment of taxes, notes taxes may b© ' 
of the bank of the United States, gold and silver coins, pHid 
notes of the state bank of Illinois, or either of its branch- 
es, auditor's warrants; and the sheriffs shall also receive 
county orders at par in payment of any taxes, which are 
to be paid into the county treasury. That all warrants is- ^ e n n * ral ^J 1 ' 
sued by the auditor, under the several laws passed the ranti 
present session, shall be received in payment of debts due 
the state or state bank of Illinois or its branches. 

Sec. 31. It shall be the duty of the auditor of public 
accounts, upon the application of any person indebted to Duty of AadU 
the state, to specify in a certificate directed to the treas- to f a ? d 1 ' reaa ^ 
urer, the amount of such demand, designating particular- edptof taxe? 6 "" 
\y the branch of revenue on which it is due, and if on 
land.-, describing distinctly each tract, and the amount due 
thereon ; such certificate being presented to the treasurer, 
he shall receive the amount due, and give the party du- 
plicate receipts for the same, designating particularly as 
above, on what account the same has been paid, th^. 



336 REVENUE. 

amount paid, and, if on lands, describing each tract The 
treasurer shall also endorse on one of the said duplicate 
receipts the kind, or kinds of funds, in which payment has 
been made; one copy of which receipt, so endorsed, shall 
be filed in the auditor's office, and the other copy shall be 
countersigned by the auditor, and the money receipted 
for, shall be credited on the auditor's books, and the re- 
ceipt countersigned by the auditor as aforesaid, shall be 
delivered to the person making the payment. No pay- 
ment shall be considered as having been made until the 
treasurer's receipt shall have been deposited in the audi- 
tor's office. 

Sec. 32. It shall be the duty of the commissioners' 

Statement of court of each countv to cause a complete statement in 

tob a e C m"de r out writing, of the fiscal concerns of the county, to be made 

and posted up out at their December term annually: and the clerk of said 

court shall keep said statement posted up, in his office for 

the period of one month at least, from the end of said 

term; and for failing to perform this duty, he shall pay a 

Penalty for fine of ten dollars. Each county commissioner who shall 

neglect neglect to cause such statement to be made out, shall also 

pay a fine often dollars, to be recovered by action of debt, 

at the suit of any individual, before any justice of the 

peace of the county; one half for the use of the county, 

and the other half with costs of suit, for the use of the 

person so suing. 

Sec b3. If any sheriffshall corruptly receive taxes from any 

Liability of person and fail to make a return of the same, or shall re- 

thenffs ceive a greater sum than he shall make return of, such 

sheriff shall be liable to be indicted, and on conviction, 

shall be removed from office. 

Sec. 34. When no tax shall be levied by the com- 
missioners' court on town lots and personal property, it 
shall not be the duty of the county treasurer to go through 
the county to receive lists of taxable lands, unless he shall 
be required to do so by the commissioners' court, for t'he 
purpose of supplying deliciences in the book furnished 
by the auditor. 

Sec. 35. Whenever a person whose land is listed for tax- 
Provision ation, in the auditor's office, shall remove into the county 
fcrhere rtsident j n which Buch land is situated, he shall be permitted to 
removes ^ ay ^ taxes on the same in such county, on giving infor- 
mation in writing of such removal, to the auditor of the 
state, and to the clerk of the commissioners' court of the 
county. If any land listed in the auditor's office shall be- 
come the property of any resident of the county in which 
the hnd lies, such person shall also be permitted to pay 
the taxes on said land in the county on giving information 



REVENUE. . 337 

as above provided. But until information shall be given 
as aforesaid, the auditor shall charge with tax, advertise 
and sell said lauds in the same manner as provided in the 
case of non-residents. The taxes on land sold by the au- 
dicur for the taxes thereon, shall for two years after such 
sale, be paid into the state treasury; after which period, 
on giving information as aforesaid, the taxes on such lands 
may be paid into the treasury of the county in which the 
lauds are situated, if the proprietor be a resident of 
such county. 

Sec. 36. The sheriff shall receive for advertising and 
selling any property for taxes, fifteen per cent, on the S eu 3 r aJ- OI1 com ~ 
amount of such sales, such compensation to be added to 
the sum for which the property is sold. 

Sec. 37. The county commissioners' court shall allow Treasurer's 
the county treasurer for his services to be performed un- compensation 
der this act, such compensation as they shall deem reason- , 

able, not exceeding two dollars per day, for taking lists of 
taxable property, and two per cent, upon the moneys paid 
out of the county treasury. 

Sec 38. The clerk of the commissioners' court shall, Clerk's duty 

» |»i iHtlVt? tO 

on or before the first Monday in December annually, fur- couruv orders 
nish the county treasurer with a certified lisl of all coun- 
ty orders issued by said court, during the twelve months, A 
immediately preceding that time, specifying the date, 
number and amount of each, together with the name of 
the person in whose favor such order is drawn; and the 
county treasurers shall pay such orders according to their 
seniority. 

Sec. 39. If any county treasurer shall fail or refuse to Liability of 
perform any of the duties required of him by law, he shall treasurer 
forfeit a sum not exceeding fifty dollars, nor less than twen- 
ty, to be recovered before any justice of the peace, by ac- 
tion of debt; one half to the person suing for the same, 
and the other half to the use of the county. 

• Sec 40. Whenever it shall appear to the satisfaction of 
the auditor, that any lands have been sold by him for taxes Lands sold by 
through mistake, when the same belonged to the United "'proceed* 
States, or were not legally subject to taxation, he shall, if 
such lands were sold to individuals, issue his warrant on 
the treasury, in favor of the purchasers, or their legal repre- 
sentatives, for the amount paid by them for the same; and 
if they were sold to the state, be shall cancel such sale ; and 
suchjands shall be considered in the same light, and 
charged with the same taxes, as if no such sale had taken 
place. 

Sec 41. The clerk of the commissioners' court shall Clerks cort^r. 
be allowed such compensation for services to be rendered « RUQQ 
43 



533 



REVENUE. 



Liability of 
clerks 



by him under this act, as said court shall deem just, to be 
paid out of the county treasury. 

Sec. 42. If the clerk of the commissioners' court of any 
county, shall fail to receive from the auditor, on or before 
the first day of April next, the map and book provided for 
by this act, it shall be lawful for the county treasurer to pro- 
ceed to take lists of taxable property without the tran- 
script herein provided for.. 

Sec. 43. The act entitled "An act for levying and col- 
Acts repealed lecting a tax on land and other property," approved Fe- 
bruary 18, 1823; all acts repealed by said act; the act to 
amend "An act entitled an act for levying and collecting a 
tax on land and other pi operiy," the act establishing the form 
of deeds to be executed by the auditor of public accounts^ 
for the sale of lands for taxes, and for other purposes, 
approved January 26, 1826; the act relating to the reve- 
nue of Calhoun, Pike, Adams, Schuyler. Fulton, and Peoria 
counties, approved January 27, 1826, and the eighth, 
ninth, tenth, eleventh, twelfth, thirteenth, and fourteenth 
sections of the act, approved January 28, 1826, entitled 
"An act supplemental to an act making appropriations for 
the years 1825 and 1826,*' approved January 18, 1825, 
are hereby repealed ; but no forfeitures incurred, or rights 
accrued, under any of the laws hereby repealed, shall he 
affected by such repeal. This act to take effect on the 
first day of March next. [Approved Feb. 19, 1827.] 



REVENUE. 



£n force Feb. AN ACT to complete the assessment and collection cf tlie 
10 » im land tax of 1826, and for other purposes. 

Sec. 1. Be it enacted by the People of the State of Illinois 
represented in the General Assembly. That all persons, resi-. 

sMsetifw ?8£6 dents °f this state, whose lands were omitted to be asses- 
sed, and on which taxes remain due and unpaid for the 
year 1826, shall be allowed to complete the assessment of 
the said lands, with the sheriff of the proper county, and 
pay the taxes thereon at any time before the first day of 
July next. 

Sec 2. All persons wishing to avail themselves of the 

How tested provisions of this act, may, at any time before the day 
limited in the first section of this act, deliver to the sher- 
iff, as full and complete a description of the land as is 
now required to be given, to the assessor, on which the 
tax has not been pakl v as aforesaid, whose duty it shall be 



REVENUE. 339* 

to receive and transcribe the same, in a book to be kept 
by him for that purpose, together with the name of the 
owner, and receive the taxes due thereon, and give his re- 
ceipt for the same. 

Sec. 3. It shall be the duty of the several sheriffs to , ff 
account and settle with the auditor of public accounts, cou ( nt uiiiTati- 
for all moneys received by them, under the provisions of ditor 
this act, on or before the first day of August, 1 827, and 
furnish the said auditor with a full copy of the list of lands 
on which the said taxes have been paid as aforesaid, on 
such settlement, and a like copy of the same to the clerk 
of the commissioners' court: Provided, that all lands which 
may have been advertised and sold for the tax of 1 826, 
at the time this act takes effect, shall not be embraced in 
the foregoing provisions. 

Sec. 4. The sheriffs of the respective counties of this May collect 
state, are hereby authorized and required to collect all taxes for cer^ 
taxes due to the county or state, for the years 182-J, 1825, tam >' e,ira 
and 1826, and pay them over as directed by law, on or 
before the first of August next, and on payment of said 
taxes, the said sheriffs shall be released from all penalties 
accruing to the state or county. This act to take effect 
from its passage. 

[Approved Feb, 10, 1827.] 



REVENUE. 

AM ACT for the relief of certain persons whose lands have i n force Feb. 
been sold for taxes. 13 > 1827 « 

Sec 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That in all cases where 
the taxes on any tract of land have been paid to the sher- se " V g evidence' 
iff of any county, and the same land has been subsequent- ot sale ot cec~ 
ly sold by the auditor of public accounts, for said taxes, talnlto^teK 
by reason of the said lands not being correctly described, 
in the tax book of the county, or by reason of any official 
mistake; in every such case, the auditor shall, upon its 
being made manifest to him that the said taxes have been 
paid in such county, and the land was nevertheless sold 
afterwards by the said auditor to an individual for the 
same taxes, to make an entry thereof in his books, giving 
a brief history of the case, and issue his warrant on the 
treasury in favor of the purchaser of any such land, when 
required, for the amount it was sold for: Provided, that 



340 ROADS. 

application be made therefor, before the expiration of the 

time allowed by law for the redemption of the same. 

Sec. 2. In all cases where land may have been strick- 

State lands en off* to the state, for the non-payment of taxes, the same 

how redeemed m ay be redeemed at any time, by the pnyment of single 

tax for each year in arrears, together with all costs, and 

interest at the rate of six per cent, per annum, from the 

time such tax became due, until paid. 

[Approved, Feb. 13, 1827.] 



ROADS- 



in force March ^N ACT concerning Public Roads. 

1, 1827 

Sec. 1. Be it enacted by the People of the State of Illinois, 
Roads hereto- re P resentec ^ * n *he General Assembly, That all roads within 
fore laid out this state which have been laid out in pursuance of any 
r eC h a Ih d pub ^ aw °^ *^ 8 state, or of the late territory of Illinois, and 
l§ wa}S which have not been vacated in pursuance of law, are 
hereby declared to be public highways. 
Powerofcoun- Sec 2. The county commissioners' courts of the seve- 
ty convrs ral counties, shall have and are hereby vested with gene- 
ral superintendency over the public roads within their 
respective counties. 

Sec. 3. The county commissioners of each county^ 
Shall establish shall, at their March term, Or so soon thereafter as may 

and^appoinuu- be ' in eac ^ and evei 7 )' eal > lav out a »d divide their re- 
pervisors spective counties into such road districts as they shall 

deem convenient and proper, defining accurately the 
boundaries of said districts, and all the roads therein; and 
they shall appoint one supervisor in each district, who 
shall serve one year, and until his successor be appointed. 
Sec 4. It shall be the duty of the clerk of the coun- 
who shall be ty commissioners' court in each county, to make out and 
appointment 611 " deliver to *- ne sheriff, written notices to all the persons 
who have been appointed supervisors, as aforesaid, within 
ten days after such appointments shall have been made, 
informing such persons of their said appointment, and 
describing the bounds of their respective districts; and 
the said sheriffs shall immediately deliver the said notices 
to the persons to whom they shall be directed, respective- 
,. ly; and if any person to whom such notice shall be so 

c l vt ~ delivered, shall refuse to accept the oflice of supervisor, 

the sheriff* shall return the said written notice to the coun- 
ty clerk, noting such refusal on the back thereof. But if 
the person to whom such notice of appointment shall be 



ROADS. 

-io delivered, shall agree to accept the same, then the 
sheriff shall notify the said clerk of such acceptance; and 
the said sheriff shall, in all cases, make the aforesaid re- 
turns of acceptance or refusal, within twenty days after 
the delivery to him of such notices, by the clerk. For 
anj failure on the part of the clerk to make out and de- 
liver to the sheriff any of the notices required by this 
section, the clerk shall be fined in the sum of ten dollars; 
and the sheriff shall incur the same penalty for any fail- 
ure to deliver any one of said notices, in the manner and 
within the period herein prescribed. 

Sec. b. When any person shall refuse to accept the 
appointment of supervisor, he shall be fined five dollars, to £* na1ty there ~" 
he appropriated to road purposes: and when any super- 
visor shall die, or be removed, the county commissioners 
shall appoint another supervisor for that district, at their 
next regular or special meeting. 

Sec. 6. It shall be the duty of each supervisor to cause nuty of super ^ 
all trie public roads within his district to be kept well clear- visor 
ed, smooth, and in good repair, causing all stumps to be 
cut low, so as to afford at all times a free and safe passage 
to waggons and other carriages along such road; to cause 
bridges and causeways to be made whenever the same 
shall be necessary, and to keep the same in repair; and 
to cause to be erected and kept in repair at the fork or 
crossing place of e^ery public road, a post with plain in- 
scriptions thereon in large letters and figures, giving the 
direction and distance to the most noted place to wiiich 
such road may lead. 

Sec. 7. In consideration of the duties required of su- Their exenw- 
pervisors, they shall be exempted, during their continu- tions 
ance in office, from militia duty, and from serving as grand 
or petit jurors; but they shall receive no other compen- 
sation: Prozidccl, the said supervisor may direct any 
person liable to work on the roads within his district to May cTep^c 
warn all or any part of the hands in his said district; and S™ sl0 ' Aaw 
the time any such person may be thus employed, shall be 
computed as part of the time that such person was liable 
to work on roach. 

Sec. 8. Each supervisor, shall be, and he is hereby Who gba1 , 
authorized to call upon every able bodied male person workont-oidi 
residing within his district between the ages of eighteen 
and fifty years, to perform the necessary labor upon the 
roads and bridge-, to make or keep them in repair, giving 
every such person three days notice of the time and place of 
working; and every such person who when required by the 
supervisor of his district, shall fail to attend at the time and 
preappointed by the supervisor, with such tool.- as he may 



342 HOADS. 

have been directed to bring, or who shall refuse to work 
when there, or shall disobey an order of the supervisor, 
shall forfeit and pay, for each offence, and for each day's 
absence of himself or his substitute, seventy-five cents, to 
be paid by himself if of full age, if a minor by his parent or 
guardian, or if an apprentice or other person bound to 
labor, by his master or mistress; to be recovered by the 
supervisor, before any justice of the peace: ai>d in all 
actions brought by any supervisor under the authority of 
this act, such supervisor shall be a competent witness: 
Provided, that no person shall be bound to work on the 
public road more than five days in the year, or more than 
eight hours in any one day; nor shall less than eight 
hours labor be considered a day's work; and any person 
shall be exempt from labor, on furnishing a substitute 
equally able as himself to perform his work; but the 
principal shall pay all fines which such substitute may in- 
cur by refusing to work, or disobeying the orders of the 
supervisor: Provided further, when any person shall own 
or have in his or her service any slave or slaves, indentur- 
ed or registered servants, it shall be sufficient to give the 
notice aforesaid to the master or mistress. 

Sec. 9. VVhen any public road shall be obstructed by 
Obstructions to f a ]i en timber, or in any other manner, and when any bridge 
how Cm or causeway shall be destroyed, or become impassable or 

dangerous to travellers, it shall be the duty of the super- 
visor to cause such obstruction to be removed, and to have 
such bridge or causeway rebuilt or repaired, as the case 
may require; and for that purpose he shall call out the 
persons bound to labor on the roads in his district, or as 
many of them as may be necessary: but if the persons 
bound to perform such labor in his district, shall have 
previously performed their five days' labor; or if the la- 
bor due from such persons shall not be sufficient, he shall 
then proceed to hire as many laborers or teams as may be 
necessary to remove such obstruction or repair such 
damage: Provided, the cost shall not exceed ten dollars: 
and if the cost of such work shall be estimated by said 
supervisor to exceed ten dollars, then he shall report such 
obstruction or damage to any two or more of the county 
commissioners, whose duly it shall be, immediately, to 
cause such obstruction to be removed, or such bridge or 
causeway to be rebuilt or repaired, as the case may be, 
either by ordering the supervisor to hire laborers and 
teams, for that purpose, or by making a contract with 
3omc fit person or persons, as they may deem best; and 
'd\l mone\s required to carry any of the provisions of this* 



ROADS. S& 

action into effect, shall be paid out of the county trea- 
sury. 

Sec. 10. If any person shall obstruct any public road Forfeiture for 
by falling a tree or trees across the same by encroach- obstrueLiB S» &* 
ing upon, or fencing up the same, or by placing any 
oilier obstruction therein, he shall forfeit for every such 
offence, the sum of ten dollars; and the sum of three dol- 
lars for every day he shall suffer such obstruction to re- 
main after he shall have been ordered to remove the same 
by any supervisor, county commissioner, or justice of the 
peace. And if any person shall purposely destroy or in- 
jure any bridge or causeway, or remove any of the timber 
or planks thereof, or destroy or deface any guide board, or 
guide posts on a public road, or dig any drain or ditch 
across a public road; such person so offending, shall be 
liable to be indicted, and on conviction, shall be fined in 
In v sum not less than five dollars, nor more than one hundred 
dollars: Provided however, that this section shall not be con- . 
strued to extend to any person who shall lawfully cut down 
any timber for rails, firewood, or other purpose, and who 
shall immediately remove the same out of the road, nor to 
any person through whose land a road shall run, who shall 
dig a ditch or drain across said road, if such person shall 
immediately build a bridge across such ditch or drain, 
and keep the same in good repair. 

Sec. 11. For the purpose of making bridges and cause- _.. , 

. . . , i /• i . S , . Timber &c for 

ways, or repairing the same, and tor making and repair- P<te{ j a 
ing public roads, the supervisors are authorized to take 
and cut any timber from any unimproved land through 
which such road shall pass. 

Sec. 12. The county commissioners are hereby author- rtoaib how laid 
ized to cause new public roads to be located and made out 
within their respective counties, and to alter or vacate 
public roads within their counties, except state roads. All 
roads when ordered to be opened, shall not be less than 
thirty, nor more than fifty feet wide; but bridges need 
not exceed sixteen feet in width. 

Sec 13. No new road shall be opened by order of the 
county, commissioners' court, unless the same shall be ^J 1 ^!^ " fcr * 
applied for, by at least thirty-five voters, except in coun- 
ties which shall not have more than three hundred voters, 
where only fifteen shall be required; such applicants shall 
deposite in the hands of the clerk of the county commis- 
sioners' court, a sufficient sum of money to pay the view- 
ers. If their report be in favor of establishing the road, 
the money so deposited shall be returned to the persons 
who deposited the same; but if the report be unfavorable, 
the expense of the view shall be paid out of the money so 



344 



ROADS. 



Viewers to be 
appointed 



Uuse!es3 roads 
how vacaied 



deposited. And every person applying /or such new 
road, shall contribute one day's labor, in addition to the 
five days required by this act towards making such road. 
The clerk of the county commissioners' court shall fur- 
nish each of the supervisors through whose road districts 
such new road shall pass, with a list of the persons who 
petitioned for the same; and any such petitioner who shall 
not reside within some district through which such new 
road shall pass, shall be required to perform the day's la- 
bor herein required of him, under the direction of the 
supervisor of the nearest road district, and for failing to 
do so, after being duly notified, he shall be fined as pro- 
vided in the eighth section of this act. 

Sec. 14. When a new road shall be applied for as afore- 
said, the county commissioners' court shall appoint three 
suitable persons to view the ground proposed for the same; 
and if after suoh view, the viewers shall believe the road 
applied for to be necessary, they shall proceed to locate 
the same upon the nearest and best route designating its 
course through prairies and improved land, by fixing stakes 
in the ground; and through timbered land, by marking 
the trees, and make report thereof to the next county com- 
missioners' court: but if after the view, they shall deem 
such road unnecessary or improper to be made, they shall 
report their opinion to that effect at the next term of the 
said court. 

Sec. 15. Whenever it shall be represented to the coun- 
ty commissioners' court by the petition of thirty-five vo- 
ters, that a public road, established by the said court, or any 
part thereof is useless or burthensome, and ought to be 
vacated; the said court, upon a sufficient sum of money 
being deposited with the clerk to pay the expense of a 
review, (such money to be returned, if the road shall be 
declared useless) shall appoint three suitable persons to 
view the same, who shall report to the said court, at the 
next term after such appointment, whether such road be 
in their opinion useless or burthensome, together with the 
reasons for such opinion; and the county commissioners 
may then order such road to be vacated, if in their discre- 
tion they shall deem such order proper: Provided, that 
no petition praying for the establishment or vacation 
of a public road, shall be received by the said court, unless 
the said petitioners, or seme of thcm,shall have given at least 
twenty days public notice of such application, by a written 
advertisement posted on the outside of the door, of cither 
the court house or county clerk's olfice of the proper 
county. 

Sec. 1G, When a new road shall be located, the coun- 



ROADS. 340 

ty commissioners shall immediately cause the supervior Supervisor to 
of each district, through which such road shall pass, to be U evr roads ° 
notified ofsuch location ; and it shall the duty of the said su- 
pervisors to make such roads within their respective districts 
and to keep (lie same in repair, so faras the labor of the per- 
sons bound to work on said road shall enable him; and if 
such labor be insufficient, the county commissioners shall 
cause such road to be cut out and opened at the expense 
of the county; and after being so opened, the same shall 
be kept in repair by the supervisor, as in other cases. 

Sec. 17. Any supervisor who shall neglect or refuse to _ .. . . 
r r .,1 r 11 it i ..• i jri- l Punishment Oi 

perform faithfully any duty or duties required of him by 8apecvhjor 

this act, shall be liable to be indicted; and on conviction, 
shall be fined not less than three, nor more than twenty 
dollars, for every such offence. The county commission- 
ers shall have power, at any time to remove from office, 
any supervisor who shall fail or refuse to perform his duty: 
but such removal shall not excuse such supervisor from 
being punished by fine as aforesaid, for any breach or omis- 
sion of duty, which may have occurred before such re- 
moval. 

Sec. 13. Where any public road, which has been, or Location ot 
hereafter may be established, shall be oppressive orinjuri- roads may tie 
ous to the owner of any land through which the same may changed 
pass, it shall be the duty of the county commissioners' 
court, upon complaint of the person aggrieved, to cause 
that part of the road so complained of, to be again viewed 
by three disinterested persons; upon whose report the said 
court shall cause that part of the road so complained of, 
to be located upon otiier ground, if the same can be done, 
without disadvantage to the public. The county commis- 
sioners' court shall have power to make a reasonable allow- 
ance to viewers of roads, but the same shall not exceed 
seventy-five cents a day to each viewer. 

Sec." 19. The supervisor is authorized to contract with commutations 
ar.y person or persons to discharge his, or their road la- ot labor 
bor, or any part thereof, by opening, improving or re- 
pairing a road, or part of a road, or by building a bridge, 
or a causeway, or.by furnishing materials for the same, or 
by erecting guide posts, and making guide boards. He is 
also empowered to receive in lieu of any portion of the la- 
bor required by this act, the use of such teams, carriages, 
road scrapers, and ploughs, as may be.necessary, on such 
terms as he shall deem reasonable. 

Sec. 20. The county commissioners shall have power, Rau ] 8crft pe ri 
whenever the situation of the county treasury will per- may be puo- 
mit, and the condition of the roads shall require it, to pur- oha 
44 



346 ROADS. 

chase a suitable number of road scrapers, to be used ifi' 
raising and draining public roads within the county. 

Sec. 21. If any person or persons shall, for the convert 
Cart roads ience of themselves or neighbors, wish to have a cart road 
laid out from the dwelling or plantation of any person, or 
from or to the highway or public road, or from one high- 
way to another, the person so applying, shall advertise his 
intention, and obtain a petition as required by this act in 
the case of public roads; and upon reading the petition as 
aforesaid, which petition shall not contain less than fifteen 
signers, the court shall direct a view of the same; and up- 
on return made, if there are no objections, the court shall 
further direct the same to be laid out in a proper manner, 
but the breadth thereof shall not exceed thirty feet. The 
said road shall be opened and kept in repair by the persons 
applying for the same: Provided, if any person shall be 
injured by the running of the said road or cartway, 
through his or her improved land, the same shall be made 
known to the county commissioners' court at their next 
court thereafter; and unless the party praying for the 
opening of said road or cartway, shall pay to him or her 
complaining of the same, the amount of damage done te 
his or her lands by the running of said cart road, to be as- 
certained by three freeholders appointed by the court; the 
said road shall not be so opened. If any owner or own- 
ers, of any land, through which said cart road may pass, 
shall be desirous of improving his or her lands, they shall 
be permitted to alter and change said cart road: Provi- 
ded, the ground on which they propose to turn it, is as 
good, and shall not increase the distance more than one 
twentieth part thereof. 

Sec. 22. All fines imposed by this act which are not 

Fines how re. otherwise expressly provided for herein, may be recovered 

by action of debt, before any justice of the peace of the 

county, in the name of the county commissioners, for the 

use of the county. 

Sec. 23. All laws heretofore enacted on this subject 
are hereby repealed: Provided, that the rights which 
ctsrepeae have accrued, or penalties incurred under the laws by 
this act repealed, shall not be impaired or affected by the 
passage of this act; but the same shall be enforced ac- 
cording to the laws in force at the time the right accrued 
or penalty was incurred. This act to take effect and be in 
force on the first day of March next. 

[Become a Law Feb. 12, 1827.] 



ROADS. 34? 

AN ACT declaring a certain road therein mentioned, a State ln forceFeb. 
Road, and for other purposes. * 

Sec. 1. Be it enacted by the People of the State of Illinois 
represented in the General Assembly, That the road leading certain roads 
from the town of Mount Vernon, in Jefferson county, to <ie. lated a higU 
the town of Carlyle, in Clinton county, be, and the same way 
is hereby declared a public highway of this state. 

Sec 2. The county commissioners' court of Clinton 
county is hereby authorized to appoint two commission" 
ers, to review that part of the state road leading from 
Vandalia ;o Kaskaskia, which passes through the said 
county of Clinton: said commissioners when appointed, 
shall make such alterations in said road as to them shall 
seem most advantageous to said county, and not injurious 
to the state. 

| Sec. 3. The road leading from Equality, the seat of 
justice of Gallatin county, by John Black's and Josiah L. gjJ^J^ 
Potts' to Ford's ferry, on the Ohio river, is hereby estab- e d a highway 
lished and declared a state road, and the county commis- 
sioners of said county shall cause said road to be kept in 
repair as other public roads of said county. 

Sec. 4. The road leading from Carlyle in Clinton coun- 
ty, through Bond coijnty to Sangamon county, be and the 
same is hereby declared a public highway. 

Sec. 5. The road laid off and opened from Springfield Road from 
to the town of Peoria, by the way of Samuel Musicks on Springfield a 
Salt creek, and Thomas Dillon's, on Mackinaw creek, highway 
be, and the same is hereby declared a state road; and it 
shall be worked upon and kept in repair as other state 
roads are. 

[Approved, Feb. 12, 1827.] 



QUO WARRANTO. 

IN ACT to regulate proceedings upon Information in the in force Dee 
nature of a Quo Warranto. 28,1826 

Sec. 1. Be it enacted by the People of the State of Illinois, 
•epresented in the General Assembly, That in case any per- 
son or persons shall usurp, intrude into, or unlawfully hold W"' 1 ^" amI 
or execute any office or franchise, it shall and may be law- ma tion in na- 
ful for the attorney general, or the circuit attorney of the tareof n quo 
proper circuit, with the leave of any circuit court, to exhibit ^cxhibiied* 7 
to such court, one or more information or informations, in 
the nature of a ova zBarranto, at the relation of any person 



348 QUO WARRANTO. 

or persons desiring to sue or prosecute the same, who shall 
be mentioned in such information or informations, as the 
relator or relators against such person or persons so usurp- 
ing, intruding into or unlawfully holding or executing 
any such office or franchise, and to proceed therein, in 
such manner as is usual in cases of informations in the 
nature of quo warranto. If it shall appear to such court, 
that the several rights of divers persons to the same of- 
fice or franchise, may properly be determined on one in- 
formation, it shall and may be lawful for the said courts to 
give leave to exhibit one such information against several 
persons, in order to try their respective rights to such of- 
fice or franchise; and such person or persons against whom 
such information or informations in the nature of a quo 
warranto, shall be sued or prosecuted, shall appear and 
plead, as of the same term in which the said information 
or informations, shall be filed, unless the court shall give 
further time to such person or persons, against whom such 
information or informations shall be exhibited, to plead: 
such person or persons who shall sue or prosecute such in- 
formation or informations, shall proceed thereupon with 
the most convenient speed that may be; any law, usage or 
custom to the contrary thereof, notwithstanding. 

Sec. 2. In case any person or persons against whom 
any such information, in the nature of a quo warranto, shall 
ouSiTandfitie * n an ^ °^ tne said cases, be exhibited as aforesaid, shall 
be found, or adjudged guilty of any usurpation or intru- 
sion into, or unlawfully holding and executing any office or 
franchise as aforesaid, it shall and may be lawful for the 
said courts, as well to give judgment of ouster against 
such person or persons, of and from any of the said offices 
or franchises, as to fine such person or persons, respective- 
ly, for his, or their usurping, iutruding into, or unlawfully 
holding and executing any such office or franchise ; and al- 
lots so to S' ve judgment that the relator or relators in such in- 
formation named, shall recover his, or their costs of such 
prosecution; and if judgment shall be given for the defen- 
dant or defendants in such information, he or they for 
whom such judgment shall be given, shall recover his, or 
their costs therein expended, against such relator or rela- 
tors. 

Sec. 3. It shall and may be lawful for the court in which 
to'p'ead, reply, an )' information as aforesaid, shall be exhibited, to allow to 
i-ejoin or <te-' the relator or relators, and the defendant or defendants, 
such convenient time to plead, reply, rejoin, or demur, as 
to said court shall seem just and reasonable. 

Sec 4. Appeals may be taken from the decision of the 
circuit court, upon such terms as the said circuit court shall 



mur 



REPLEVIN. 349 

prescribe: or writs of error mav be prosecuted, whenever Appeals and 

f, p ±i • * ,1 r • wrus f, t error 

the supreme court or anv of the judges thereof, in vaca- al i owe( i 

tion, upon being presented with a copy of the record, 

shall certify that there is reasonable cause for the bring* 

ingof such writ: The said supreme court, or judge in 

vacation, may impose such terms and conditions upon the 

partv wishing to prosecute such writ of error, as to the 

said court or judge may seem reasonable and just. The 

allowance of a writ of error shall operate, after notice 

thereof, as a stay of proceedings in the circuit court, until 

the determination. But writs of error without seperse- 

deas shall issue as writs of right, as in other cases. 

[Approved, Dec. 28, 1826.] 



REPLEVIN. 

AN ACT to regulate the Action of Replevin* \ n force Juot 

l, 1827 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the action of re- 
plevin shall be maintainable in all cases where any goods 2™ 3****? 

i ii hi r i /• ii action Oi 

or chattels shall be taken from any person lawfully pos- replevin will lie 
sessed of the same, without his or her consent, and the per- 
son or persons bringing such action shall, before any writ 
shall issue, make oath or affirmation before the clerk of 
the circuit court, or any justice of the peace of the counr Oath of pl'ff 
ty, that the property (describing it) about to be replevied, 
rightfully and bona fide belongs to him or them, and is un- 
lawfully detained, and that the same was not taken in ex- 
ecution for the payment of debt, nor for the payment of 
taxes; and moreover before the execution of the writ, 
shall give bond to the sheriff, with good and sufficient se- and bond 
curity, in double the value of the property about to be 
replevied, conditioned that he or they will prosecute such 
suit to effect, and without delay, and make return of the 
property, if return thereof shall be awarded, and save and 
keep harmless the said sheriff in replevying such proper- 
ty; and the sheriff shall thereupon serve such writ, and 
deliver the property therein mentioned, to the party suing 
out such writ. 

Sec. 2. The proceedings in an action of replevin shall 
be commenced by plaint, with a summons to the defendant, Commence- 
in which shall be stated a description of the property to JS^JjtLk 
be replevied, and the sheriff shall return the bond by him and summons 
taken, and return the same, with the writ, to the clerk; 
who shall file tjie same. 



350 REPLEVIN. 

Sec. 3. If any plaintiff in the action of replevin shall 
Retumoha- fail to prosecute his suit with effect, and without delay, 
or shall suffer a non-suit or discontinuance, or if the right 
of property shall he adjudged against him, the court shall 
and damages give judgment for a return of the property taken, and 
damages for the use of the property from the time it was 
taken, until return thereof shall be made; and if judg- 
Oamages for m ent be given for the plaintiff, he shall recover damages 
for the detention of such property while in the possession 
of the defendant; and the damages in either case, shall 
be assessed by the jury in case of a trial; but if the plain- 
. tiff shall not prosecute his suit, or if judgment shall in any 
aithei- case manner be given for the defendant, without a trial, the 
damages in such case may be assessed by the court, on 
hearing such testimony as may be offered on the subject. 
Sec. 4. If at any time the condition of the bond re- 
Condition of* quired by the first section of this act shall be broken, the 
bond bring sheriff or plaintiff in the name of the sheriff to his own 

to* be main- use as tne case ma y De ' ma J sue ana " maintain an action 
tained therefor on such bond, for the recovery of such damages as may 

have been sustained inconsequence of the breach of such 

condition. 

Sec. o. If any sheriff shall fail to take and return a 
SI / ff / a h ', lin f t0 bond, as required by the first section of this act, or shall 
■hall pay dam return an insufficient bond, such sheriff shall pay to the 
ages party injured, all damages wtuch he may sustain, or be 

put to, in consequence of such neglect; to be recovered 

jjy an action on the case, in the circuit court. 

Sec 6. The oath required in the first section, may be 
Oathmavbe made by an agent of the plaintiff or claimant, in which 
made by agent cage - t g | ia u be^ufficient to state, on oath, that he has good 

reason to believe, and does verily believe, the right of 

property is in the plaintiff, and unlawfully withheld. 

Sec. 7. It shall be sufficient for the defendant in all 

anTconuzaSd ca ses of replevin for distress taken for rent to avow, or 

incaseofdis- make conuzance generally, without particularly setting 

tress tor rent f orin the tenure or title to the lands whereon such distress 

was taken. This act to take effect on the first day of 

June next. 

[Approved, Jan. 29, 1827.] 



RIGHT OF PROPERTY. 351 

<4N AC! prescribing the mode of trying the Right of Prop- I^orce June l 

erty. 

Sec. 1. Be it enacted by the People of the State of Illinois 
represented in the General Assembly, That whenever an ex- Trial of right 
ecution, or writ of attachment, shall be levied by any of property 
sheriff or coroner upon any personal property, and such 
property shall be claimed by any person or persons, other 
than the defendant, in such execution or attachment, by 
giving to the sheriff or coroner, notice, in writing, of his, 
her, or their claim and intention to prosecute the same, it 
shall be the duty of such sheriff, or coroner, forthwith to 
summon a jury of twelve respectable householders of the j urv 
county, to meet at a place to be designated b) him, before 
the day appointed for the sale of such property; and then 
and there proceed to inquire, by the oath of said jury* 
whether the right of such property be in such claimant, 
or not. 

Sec. 2. It shall be the duty of such sheriff or coroner Notice to pl*ffi 
to notify the plaintiff in the execution or attachment of to execution 
such claim, and the time and place of trial, and on the day 
appointed the sheriff or coroner shall swear the jury, and cee^in? pHH 
such witnesses as may be produced, by either party, or 
may postpone the trial, such reasonable time, on the ap- 
plication of either party, as he shall think proper, for the 
purpose of procuring testimony. 

Sec. 3. After the jury shall have agreed on their ver- 
dict, the sheriff or coroner shall reduce the same to 
writing, and it shall be signed by all the jurors, and the 
sheriff or coroner, shall thereupon restore the proper^ 
ty, if found to belong to the person or persons claim- 
ing, or shall proceed on such execution or attachment, if 
the property shall not be found to be in the claimant, in 
the same manner as if no claim had been made. 

Sec. 4. The sheriff or coroner shall make up a bill of 
all the costs accruing on such trial, according to the pro- ^ osts 
visions of the act or acts regulating the fees of officers, for 
similar services, and annex the same to the verdict of the 
jury; and shall have power to collect the same from the 
claimant of such propeity, if the verdict be against him, 
or from the plaintiff or plaintiffs in the execution, if such 
verdict be for the claimant, in the same manner that bills 
of fees in other cases are authorized by law to be collected. 

Sec .5. In case either party shall think himself or herself 
aggrieved by the verdict of the jury, he or she may appeal Appeal 
to the circuit court, in which case the party appealing 
shall irive bond, with sufficient security, to prosecute such 
appeal without delay, and to pay all costs that have a- - 



353 



RIGHT OF PROPERTY, 



Jmlgmer.t on 

appeal 



Trial before 
jostiee of the 
peace 



crued or may accrue on such appeal, if judgment be giv* 
en against him, in the circuit court; which bond shall be 
in a sum sufficient to cover all costs, and be payable to the 
opposite party; and the sheriff or coroner shall thereup- 
on deliver to the clerk of the circuit court, the bond afore- 
said, and all the papers relating to such trial ; and the clerk 
shall enter said appeal on his docket; and the court shall 
proceed to try the right to such property, in the same 
manner as is before directed in this act: and in all such 
cases, judgment shall be given against the party failing, 
for all costs, and the clerk shall issue execution for the 
same. 

Sec. 6. In all cases where any personal property shall 
be taken by virtue of an execution or attachment, issued 
by any justice of the peace, and be claimed as aforesaid, 
the same proceedings shall be had before the constable serv- 
ing such execution or attachment, together with the jus- 
tice who issued the process; and in such cases the justice 
shall administer the oaths to the jury and witnesses, and 
retain the papers relating to the proceedings, and in case 
of an appeal, shall take the bond, and transmit the same, 
with the other papers, to the clerk as aforesaid. 

Sec. 7. The verdict of the jury in all cases under this 
Verdict of jury act, shall be a complete indemnity to the sheriff or other 
XS demmty l ° officer, in proceeding to sell, or restore any such property 
according to the verdict; and in case of an appeal, the 
. sheriff or other officer shall retain such property, unless 
the party claiming, or the defendant in the execution, shall 
enter into a bond, with sufficient security, for the delivery 
of such property to the sheriff or other officer, if the judg- 
ment of the court shall be against the claimant. 

Sec 8. The act entitled "An act prescribing the mode 
Acts repealed r trying the right of property in certain cases," approved 
February 12, 1821; the act entitled "An act prescribing 
the mode of trying the right of property in certain cases," 
approved February 7, 1823; and the act entitled "An act 
to amend an act prescribing the mode of trying the right 
of property in certain cases, approved February 7, 1823," 
approved January 10, 1825, are hereby repealed. No 
rights which have accrued under the acts hereby repeal- 
ed, shall be impaired by this act. -This act to take effect 
on the first day of June next. 

[Approved. Jem. 29, 1827.] 



SALINE RESERVES. 363 

AN ACT concerning the Saline Reserves, a Penetentiary, in *;™ Feb - 
and the improvement of certain Navigable Streams* 

Sec. 1 . Be it enacted by the People of the Slate of Illinois, 
-(presented in the General Assembly, That in case the con- Corami8S - loner9 
gress of the United States shall give their consent t , se i ett 30,000 
to a bale by this state, of such situations in the Gallatin acres of land 
county Saline reserve as are suitable for water works, or 
such other portions oi' said Saline reserve or of the Vermil- 
ion Saline reserve, as this state shall deem expedient, 
Leonard White, John Black, and Benjamin Cummins, are 
hereby appointed commissioners, to select and designate 
such portions of the Gallatin county Saline reserve, not 
exceeding thirty thousand acres, congress having assent- 
ed to the sale of that quantity, the selection to be of the 
lands least useful for salt making, within said reserve, and 
to lay off and designate at each situation suitable for wa- andsitegfop 
ter works, within said reserve, twelve acres of land, in- waier WOt t 5 
eluding sucii situation, and so much of the ripple and wa- 
ter course, arid the banks thereof, as may be necessary for 
the erection of dams and water works, to be constructed 
In such manner as to promote (not obstructing) the navi- 
gation of the Saline creek. And it shall be the duty of 
said commissioners, as soon as practicable, after they shall 
be informed that the Congress of the United States has 
granted their assent as aforesaid, to perform the duties 
assigned by this section: the selection for water works to 
be in addition to said thirty thousand acres. 

Sec. 2. In selecting the situations for water works, as 
aforesaid, said commissioners shall not be governed by Waterworks 
any legal subdivision or survey heretofore made; but shall 
cause new surveys to he made, to include such situations, 
by special courses and boundaries to be by them establish- 
ed ; and the other lands authorized by this act to be select- 
ed, shall be selected in sections, half sections, quarter sec- 
tions, and half quarter sections, according to the surveys 
heretofore made under the authority of the United States; 
and having so selected the same, shall make a detailed re- 
portof theirproceedings,designating particularly, thecour- Report to the 
ses and boundaries of said twelve acre lots, and the inter- 
sections of the lines thereof, with the lines of the surveys 
heretofore made as aforesaid; and describing the other 
lands selected as the same are described on the plat of 
lands offered for sale by the United States, in the Shaw- 
neetown district, and transmit the same to the auditor of 
public accounts, who shall record the same in his office. 

Sec. 3. Said commissioners, and the commissioners Compensation 
hereinafter appointed to select the lands in the Vermilion ot com rp 



$H 



SALINE RESERVES. 



Com'rs to sell 
water works 



Funds arising 
therefrom how 
applied 



Purchaser 
bouud to con- 
ditions 



Copies of re- 
port 



Com'r to give 
bond 



To advertise 
sale 



reserve, shall reeeive y as compensation for their services? 
out of the treasury of the state, two dollars per day, each, 
for every day by them employed in selecting said lands, 
for which the auditor shall issue his wan ant on the treas- 
ury, upon the affidavit of said commissioners. 

Sec. 4. John Mc'Iuean, James Frazier, and William 
Burnett, are hereby appointed commissioners to sell such 
of said lands, as shall be selected as aforesaid for water 
works, and to apply the proceeds thereof, and the funds 
hereinafter appropriated for the same purpose, to the im- 
provement of the navigation of the Saline creek; and 
next to the improvement of the road across the maple 
swamp and between Equality, in Gallatin county, and 
Carlyle in Clinton county, on the road leading from 
Equality to St. Louis, and then to the erection of a bridge 
across Eagle creek, on the road leading from Equality to 
Ford's ferry, on the Ohio river. Which commissioners, 
immediately on receiving a descriptive list of said twelve 
acre lots for water works, from the auditor, shall proceed 
to sell the same, upon such terms as they shall deem most 
advantageous, having in view the improvement of the navi- 
gation of the Saline creek; and binding the purchaser or 
purchasers of saidlots,in such conditions, as they shall-deem 
necessary to effect the object. Said commissioners are vest- 
ed with authority to disburse the money for the objects 
contemplated, in such manner as they shall deem right. 

Sec. 5. 'The auditor shall, immediately on receiving 
and recording the report of the first named commission- 
ers, transmit a copy thereof to the commissioners named 
in the preceding section, and also one copy to the com- 
missioners appointed in the following section. 

Sec. 6. James Caldwell is hereby appointed commis- 
sioner, to sell all the aforesaid lands authorized to be sold 
by this act in the Gallatin county Saline reserve, except 
the lots for water works as aforesaid, who shall, before en- 
tering on the duties of his office, enter into bond, payable 
to the governor and his successors in office, for the use of 
the people of the state of Illinois, with security to be ap- 
proved by the said governor, in thesum often thousand dol- 
lars, conditioned for the faithful performance of his duties 
as commissioner, as directed by this act. 

Sec. 7. Immediately on being qualified as aforesaid, 
and receiving from the auditor a copy of said report, as 
aforesaid, the said commissioner shall cause said lands to 
be advertised for sale, in all the newspapers printed in 
this state, and in one newspaper printed in Nashville, 
Tennessee; one in Louisville, Kentucky, and in one news- 
paper printed in Cincinnati, Ohio, for twelve successive 



SALINE RESERVES. 355 

veeks before the day of sale; stating particularly the day 
and place at which the sale will commence, tliatthe same 
will be continued from day to day, until concluded, and 
stating also the hours of sale. 

Sec. 8. In offering said lands for sale, the com- 
missioner shall begin with the lowest number of town- tow land* 

• a- j cc • ju i~.., shall be soil. 

ship, range, and section, and so continue ottering the low- 
est number, by half quarter sections, until ail shall be of- 
fered, distinctly crying each half quarter section a rea- 
sonable time, when, if no person shall bid therefor, it 
shall be passed over and noted unsold; but should there 
be a bid for any tract of land offered, the said commis- 
sioner shall continue to have the same cried for a reasona- 
ble time after such bid, and shall then be struck off to 
the last and highest bidder, and set down to such bidder; 
but no tract shall be struck off at a lower price than one 
dollar per acre. Said sales shall be at public vendue, 
and shall be kept open each day from ten o'clock A. M. 
until two o'clock P. M. and shall be continued from day 
to day, every day, Sundays excepted, until the whole shall 
be offered for sale. 

Sec. 9. Said sales shall be for ready money, in gold or 
silver coins, or notes of any banks which shall be receiva- What money 
ble into the land office at Shawneetown, at the time ot 
payment; and said commissioner shall on 'the evening of 
each day's sale, and on the morning before the next day's 
sale shall commence, receive -from the different purcha- 
sers, the sum or sums by them bid for the land, to them pa)ment 3 
respectively set down, and give them a receipt for the 
same, together with a certificate of purchase, designating 
particularly the tract or tracts purchased, and the price, 
and shall make a record thereof in a book to be kept for 
that purpose. If any person shall neglect or refuse to 
pay for the land, by him bid off as aforesaid, in the time 
specified in this section, the same shall be again offered 
for sale, on the succeeding day, observing the same rules 
as aforesaid, until the same be sold, or set down unsold. 

Sec. 10. Said commissioner, as soon as said public sale 
shall have been concluded, shall make out and transmit pT^fjT 

7 ~ to the auditor 

to the auditor ot public account?, a complete report ot 

such sales, shewing to whom each separate tract was sold, 
and the price thereof; and the auditor shall immediately 
make out in the name of the governor, and the same shall Fatentg 
be signed by the governor, the seal of state affixed by the 
secretary of state, and countersigned by the auditor, pa- 
tents for the lands so sold; vesting in the purchaser or 
purchasers, respectively, the fee simple; and the auditor, 
: having made so entry of the date of the same, shall 



35G. 



SALINE RESERVES. 



Semiannual 
reports 



Private sales 



Settlements 



proceeds of 
sales how ap- 
propriated 



Semi-annual 

payments to be 
made 



deliver to each person entitled, his, her, or their patent, 
on the production and delivery to the auditor, of the certifi- 
cate of purchase. And said commissioner shall at tiie end 
of every six months, during his continuance in office, trans- 
mit to the auditor a like report of sales, upon which the 
auditor shall in like manner, make out, have signed by the 
governor, the seal of state affixed, by him countersigned, 
an entry of the date thereof made, and on production of 
the certificate of purchase from the commissioner, shall 
deliver patents as aforesaid. 

Sec. 11. If after the conclusion of said public sales 
any land should remain unsold, the said commissioner may 
sell the same at private sale, by half quarter sections, at 
any price not less than one dollar per acre, and shall grant 
the purchaser a certificate of sale, as aforesaid. 

Sec 12. The said commissioner shall, at the end of 
every six months, computing from the commencement of 
said public sales, during his continuance in office, settle 
and account with the auditor of public accounts, for all 
lands by him sold, and all moneys by him received, and 
shall pay into the treasury of the state one half of all the 
money by him received. 

Sec. 13. Said commissioner shall keep his office at 
Equality in Gallatin county; and shall receive in full com- 
pensation for his services, four per centum upon all the 
money by him received and paid over under this act, to 
be paid out of the moneys so by him received. 

Sec 14. One half of the proceeds of the sales, to be 
made by the commissioner appointed by the sixth section 
of this act, arc hereby appropriated for the erection of a 
Penitentitiary; one fourth to improve the navigation of 
the Saline creek,in Gallatin county; the improvement of the 
road across the Maple swamp, and the erection of a bridge 
across Eagle creek; and one fourth part of the proceeds 
of said sales, to improve the navigation of the little Wa- 
bash river, by canafling round Robinson's mill dam, on the 
east side thereof, in White county, and to remove such 
other obstructions in said river, as shall be deemed expe- 
dient: Provided, that neither of the two last said appro- 
priations, shall exceed five thousand dollars. 

Sec 15. The said commissioner shall, at the end of eve- 
ry six months, during his contiiuiance in office computing 
from the commencement of said public sales, pay over to 
John Marshall of Shawneetown, or to such other person as 
the commissioners appointed by the fourth section of this 
net shall appoint to receive the same, the one fourth, part 
of the proceeds of said sales, under the aforesaid limita- 
tion as to amount; and to William Wilson of White coun- 



^\ 



SALINE RESERVES. 357 

ty< or to such other person, as the commissioners appoint- 
ed by the sixteenth section of this act, shall appoint to re- 
ceive the same, the other fourth part of the proceeds of 
said sales under the limitation as to amount as aforesaid; 

bEc. 16. George R. Logan, William Nevitt, Samuel Commissioners 
Daeley, William M'Henry, and James Gray, are hereby »1>P ™ iei }* 
appointed commissioners, with lull power and authority to tun ds 
disburse the funds appropriated bj this act, to improve the 
navigation of the Little \\ abash, in the manner before pre- 
scribed, in such way as they shall consider most conducive 
to the public interest. 

Sec. 17. The said John Marshall, or the person who 
shall be appointed to receive the money, for the improve- 
ment of the navigation of the Saline creek as aforesaid, 
shall before receiving any of said money, give bond, pay- 
able to the commissioners named in the fourth section of 
this act, and their successors in office, for the use of the 
people of the slate of Illinois, in a sum, and with security 
to be named and approved by said commissioners, condi- 
tioned that he will faithfully pay over said money, and all ^ n v ^,J^ an 
such as shall come to his hands for that purpose, to the or- vviison togiv« 
der of said commissioners and their successors in office, bon(l 
whenever they shall require it for the purpose aforesaid. 
And the said William Wilson, or person who shall be 
appointed to receive the funds appropriated for improving 
the navigation of the Little Wabash, shall, before receiv- 
ing any of said funds, in like manner give bond and secu- 
rity to the commissioners named in the next preceding 
section, payable, conditioned for the use, and approved as 
aforesaid. , 

Sec 18. Shadrach Bond, William P. M'Kee, and Ger- commissioners 
sham Jayne, are hereby appointed commissioners, with full on the peniteu- 
power and authority to select and obtain by purchase or t,ar >" 
otherwise, for the slate, a suitable site for a penitentiary, 
on the Mississippi river, at or near the town of Alton, in 
the county of Madison, taking care that the title shall be 
secure, with full power and authority, to cause to be erec- 
ted thereon, with the funds for that purpose appropriated 
by this act, a building or buildings, of sufficient strength 
and durability, with cells for the convenient confinement 
of criminals, guard rooms, work shops, and rooms for the 
keeper or keepers; and in all things to arrange the same, 
upon the most advisable plan, both as to convenience and 
utility for a public penitentiary; with power to make all 
necessary contracts for the same; and for that purpose, 
said commissioners may, from time to time, as fundsshall be 
wanted, and as the funds appropriated by this act, shall be 
receiyed ii asury, draw upon the auditorof pu 1. 



35a SALINE RESERVES. 

accounts for the same; and it shall be the duty of the au~. 

ditor, at all times when there shall he such funds in the 

treasury, to issue his warrant or warrants on the treasury 

Auditor when in favor of said commissioners, or in favor of such person, 

SiirSTthei? f- as the ? sha11 orderand *PPo'mt, for the amount of all such 
vor drafts, and it shall be the duty of the treasurer to pay the 

same out of the funds aforesaid. It shall be the duty of 
the said commissioners to make a full and complete, report 
of all their proceedings under this act, to the next general 
assembly, on the fifth day of their session, shewing precise- 
ly the state, nature and progress of the work, the amount 
of funds expended, and the probable cost of completion. 
Sec. 19. The commissioners named in the fourth section 
Duty of oommis of this act, shall have full power and authority to superin- 
aioners u der tend the improvement of the navigation of the Saline 
creek, and to make all necessary contracts for that pur- 
pose, and for the construction of all necessary locks, as 
shall be necessary for that purpose, and to contract with 
the purchasers of sites for waterworks, or with other per- 
sons, as they shall find necessary and conducive to the in- 
terests of the state, for the taking care of, repairing and 
preserving such locks, and to fix and regulate such rates 
of toll for all boats, craft or vessels in passing said locks, as 
shall be necessary to keep, preserve and repair the same, 
subject to the regulation and control of the general assem- 
bly. And also to contract for and superintend the improve- 
ment of the. road across the Maple swamp, and on the road 
between Equality and Carlyle, and the bridge over Eagle 
creek. 

Sec 20. The commissioners appointed by this act to 
Improvement superintend the improvement of the navigation of the Lit- 
of navigation of t j e Wabash, are in all respects, and for all purposes, ves- 

Little \V abash , , ... .' ., r ' r A r , , r ' . 

ted with similar powers, as are conferred on the commis- 
sioners appointed to superintend the improvement of the 
navigation of the Saline creek, and such toll gatherer or 
gatherers, as they shall appoint for the purpose of keeping, 
preserving and repairing the same. 

Sec 21. Daniel W. Beckwith, Achilles Morgan, nnd 
Vermilion sa- Amos Williams, are herebv appointed commissioners to 

Uae reserves , -. , . . . .*• j i u 

select and designate ten thousand acres, should congress 

assent to the sale of that quantity of the Vermilion sa- 
line reserve, who shall in all respects proceed in the man- 
ner, the commissioners appointed by the first section of this 
act, are required to proceed, except as respects the select 
tion of situations for water works, and shall report their 
proceedings to the auditor in the same manner. 

Sec" 22. William Reed is herebv appointed commis- 
sioner to sell all the hind so selected and designated in the 



s 



SALINE 'RESERVES. 359 

Vermilion saline reserve as aforesaid; who shall give Horn'ra to sell 
bond in the same manner, and in all respects, as Dear as 2^^™^ 
may be, proceed to sell the same as the commissioner ap- 
pointed by the sixth section of this act, is required to do, 
except that he shall receive in payment gold and silver 
coins, and such bank notes as shall be receivable in the 
land office at Palestine: and who shall make like semi-an- 
nual reports to the auditor, and payments into the treasu- 
ry, and shall receive the same per centum on the amount 
of money by him received and paid over, as is allowed 
tlie commissioner named in the thirteenth section of this 
act, and paid in like manner, as compensation for his ser- 
vices, and shall keep his office at the seat of justice of 
Vermilion county. 

Sec. 23. All the nett proceeds arising from the sales of Navigation of 
land in the Vermilion saline reserve, uno^r this act, are Great Wabatb 
hereby appropriated to improve the navigation of the 
Great Wabash river, to be disbursed in conjunction with 
the state of Indiana, when she shall set apart and appro- 
driate funds for that purpose, in such manner as the states 
of Illinois and Indiana shall, by mutual laws, direct; and 
which money is hereby solemnly appropiiated or set apart 
for that object, and to be applied to none other. 

Sec 24. If any commissioner appointed under this act, Vacaneyof 
shall refuse to serve, resign, remove out of this state, or J°, r " Vs hoty 
die, the governor shall immediately rill such vacancy by Ut 
appointing a suitable person, commissioner in his place. 
And the several commissioners who shall receive money 
under any of the provisions of this act, shall account for, 
and pay over the same money by them respectively re- 
ceived. 

Sec. 25. In every instance where this act authorizes or 
requires any set of commissioners hereby appointed to per- Ma J? rit yof 

r \ l i- l 1 11 u ah ■ " * • r -, r com TS may ac*. 

form any act or duty, it shall be sufficient if a majority of " 

any such set of commissioners shall join in the perform- 
ance or discharge of any such act or duty. 

Sec. 26. The commissioners for improving the naviga- M f . 
tion of the Little Wabash, or any person by them author- Be»Rx»Df ne- 
ized, may enter upon and take possession of any land in, pessary i»"<i 
or adjoining the said river, which may be necessary for 
improving the navigation thereof, and no more; which 
lands shall thereupon become a public highway; and the 
owner or owners of such land shall have the same reme- 
dy, and be entitled to the same compensation as is, or 
may be allowed for opening public roads over improved 
land. And that so soon as the sum of twenty thousand 
dollars be realized from the sale of said lands, the sum of 
one thousand dollars, out of the next avails of said sales ? 



360 SALINES, 

Fund for the be an( * is nereh J appropriated towards the improvement 
improvement °f ^* j g Muddy river, five hundred of the same to be 
of Big Mwidy placed under the control of the county commissioners 7 
court of Franklin county, and the other half under the 
control of the county commissioners' court of Jackson 
county, to be by them laid out and expended in the improve- 
ment of the navigation of said river, as high up as where 
the road leading from Shawneetown to Kaskaskia cross- 
es the same; and the sum of two hundred dollars to build 
Bonpass one bridge across Fox river, and one across Bonpass, in a 

direction from Mount Carmel, in Wabash, to Maysville, in 
Clav county. 

Sec. 2?. The sum of six hundred dollars is hereby ap- 
Lusk's creek P ro P r iated for the purpose of building abridge across 
Lusk's creek in Pope couunty, within eighty poles of the 
junction of said creek with the Ohio river, to be disburs- 
ed under the direction of the county commissioners' court, 
and to be paid to their order, by the commissioner named in 
the sixth section of this act; one half of which to be paid out" 
of the money hereby directed to be paid to William Wil- 
son, or for the improvement of the Little Wabash; and 
the other half to be paid out of the money directed to be 
paid to John Marshall, and to be paid out of the first mon- 
ey coming to hand after the sum of two thousand dollars 
is received by the commissioner named in the sixth sec- 
tion of this act: Provided, this section shall not be con- 
strued so as to reduce the amount of appropriations allow- 
ed the Little Wabash and Saline creek. 

Sec. 28. The auditor shall procure well bound record 
Auditor shall books for the purpose only, and shall make a correct entry 
keep a book as specially as practicable, of the return of all sales made 
by the commissioners, and the certificates of purchase 
produced, the tract purchased, amount paid, purchasers 
name, date of purchase, and date of the patent issued and 
delivered, so as to make the evidence of title as clear and 
perfect as the nature of the case will admit. 

[Approved Feb. 15, 1827.] 



SALINES. 

• IN ACT regulating the Gallatin County Saline. 

In force Feb. 

s # 1827 Sec. 1. Be it enactea by the. People of the State of Illinois* 

represented in the General Assembly, That at t»e present 
session of the general assembly, there shall be elected 
by joint ballot, a person who shall be styled "The super- 



SALINES. 361 

ihtendentof the Gallatin county Saline " who shall reside Sapertoten- 

,, . . J . ] , i it fU.nt to be ap- 

apon the saline tract; the said superintendent shall exe- pointed and 
cute a bond to the governor of the state of Illinois, and how removed 
his successors in office, in the sum of eight thousand dol- 
lars, with security to be approved by the governor, con- 
ditioned for the faithful performance of the duties of 
his office. The superintendent shall be subject to remov- 
al or suspension, by the governor for the time being, for 
any palpable misconduct or omission of duty in his office, 
until the meeting of the general assembly next ensuing 
such misconduct or omission, and may be removed for the 
like causes by the general assembly. The superintendent, 
except for the causes aforesaid, shall hold his office four 
years, and shall receive a salary of rive hundred state pa- 
per dollars per annum, payable yearly out of the state treas- 
ury : Provide/, the said salary shall never exceed the nett 
.profits of the rents of said saline, after paying all expen- 
ses. 

Sec. 2. The said superintendent shall have full power Hi oweraanA 
and authority, to take care of the property of the state, d u tiet 
Comprehended within, or situate upon the tract called the 
Xiallatin county saline, whether the same be real or per- 
sonal, and shall have the general supervision thereof, and 
shall be vested with all rights and powers necessary to 
protect and preserve the interests of the state accruing from, 
or arising out of the said saline. 

Sec. 3. The superintendent shall, within two months 
after the passage of this act, cause all the metal on the sa- C*" 8 ? ^^ 
line tract aforesaid, belonging to the state, to be collected, 
and shall advertise and sell the same so soon as practicable, 
for the highest price that can be had for the same, not less 
than three cents per pouud, payable either in cash or good 
merchantable salt, well manufactured, delivered at the 
works in barrels at thirty-seven and a half cents per bush- 
el, in four semi-annual instalments, the purchasers giving 
good and sufficient securities, payable to said superinten- 
dent, or his successors in office, for the use of the people of 
the state of Illinois. And in case any individual or indi- 
viduals, who have received metal and owe for the 
same, be disposed to pay up and settle for the same in 
salt, it shall be lawful for said superintendent to take the 
amount due in salt, at thirty-seven and a half cents per 
bushel, put up and delivered at the lick as aforesaid, and 
*-*jnay give them the same time to pay in as those who buy, 
four semi-annual payments, they giving bond and good se- 
curity. Which salt, the superintendent shall sell on said 
saline tract, for the besl price that can he had, not less than 
thirty-seven and a half gents per bushel for cash in hand. 
46 



362 SALINES. 

Sec. 4. The superintendent is authorized to execute 
Execute leases, J eases to Andrew Frazier and Benjamin White, for their 

«e to brazier , , . Jt r J . 

and White several places, or so much thereof, as may be necessary to 
carry on their several manufactories, and lay off to each 
of them a sufficiency of laud, and fuel and building tim- 
ber, sufficient to use the wells and springs now occupied 
by them, or such as they may hereafter acquire, and to 
include all their present improvements. And they, the 
said Andrew Frazier and Benjamin White, shall each give 
good security, in their leases, to be approved by the super- 
intendent, for the faithful performance of all the stipula- 
tions therein contained ; and they shall each pay two hun- 
dred and fifty dollars per annum, payable half yearly; 

Ind° ] rerlnt nt8 the ]eases to ex P ire on th e fourth day of December, 1836; 
*aste and should the said Andrew Frazier, or Benjamin White 

fail, or refuse to execute said lease or leases, within two 
months from the passage of this act, it shall be the duty of the 
superintendent to enter upon, and take possession of either, 
or both of said places, (as the case may be,) and advertise in 
some newspaper printed in this state, that he will lease 
such place or places, to the highest and best bidder, havt 
ing in all cases, reference to the production of the great* 
est possible quantity of salt; and if any lessee shall fail to 
pay any rent within thirty days after the same shall be- 
come due, the superintendent shall have power, and it shall 
be his duty, immediately to dispossess said lessee or les- 
sees, and proceed against them by action or otherwise, in 
the most su rmary and expeditious mode, to recover the 
rent due from them or any of them, and may proceed 
again to lease the premises for the unexpired time of the 
original lease. 

Sec. 5. The superintendent is authorized to lease to 
T» lease to L. Lowry Hay, the lot now in his possession, for five years, 
Bay, &c. from the passage of this act, free of rent; and after that 

time, should the said Hay discover water of equal strength 
with that now used by White and Guard, he shall be 
chargeable with the same rent; and should the discovery 
be of an inferior quality, the superintendent may fix such 
-rent as is reasonable and just, according to his discretion^ 
the said Hay's lease to continue until the fourth day of 
December, 1836. 

Sec. 6. The superintendent may lease to any person or 
Lease vacant persons, anv vacant place on said tract, for the purposes of 
m manufacture or discovery, on the same terms as are before . 

provided for Lowry Hay: in all such cases, the leases grant- 
ed, are to expire on the fourth day of* December, 1836; 
and the superintendent shall not grant to any person more 
than one lease, nor more than one lot in the same lease; 



SALINES. && 

nor shall he in any case take another lessee or salt maker 
as security. 

Sec. 7. The superintendent is authorized to enter up- 
on any premises by him leased as aforesaid, to make dis- tcJS^rcrtt 
tress for any rent due, or where any payment is about to 
become due, and the lessee has or is about to remove awaj-, 
the said superintendent shall forcibly, and without delay, 
seize and take possession of all his works, salt, and any oth- 
er personal property, and after advertising the same in 
four of the most public places for fifteen days, shall fairly 
expose and sell the same, or so much thereof, as will pay 
the rent due, or the payment about to become due, and all 
reasonable costs and charges; and for the purpose of car- 
rying this provision into effect, the superintendent is here- 
by authorized and empowered, to summon to his aid as 
many persons as may be necessary to take and retain pos- 
session of any establishment, or other property of said 
lessee; and any person so summoned by said superinten- 
dent, failing or refusing to aid him, shall be fined by said 
superintendent, in any sum not less than five, nor more than 
twenty dollars; and said superintendent is hereby author- 
ized and empowered to issue his execution to any consta- 
ble of the county, and collect the same with costs, for the 
use of the state. And should any person or persons com- 
mit any waste, spoil, or trespass, on the vacant lands of 
the said saline tract, the superintendent is authorized to 
employ a sufficient force to expel such person or persons 
therefrom; and on complaint of any lessee and request to 
the said superintendent, he may employ the like force, 
and expel with strong hand, any person or persons trespas- 
sing on the tract, or any part thereof, so leased as afore- 
said. 

Sec 8. It shall be the duty of the superintendent when- To account' 
ever any lease shall be taken by the authority of this act, to with the audi* 
furnish the auditor with a true copy thereof, and to ac- [^general 
count with the auditor and pay over to the treasurer on assembly 
the first Monday of December annually, all monies accru- 
ing to the state, from the said saline, whether by lease or 
otherwise; and shall further, on or before the tenth day of 
every regular session of the general assembly, make a full 
and complete report of all matters and things relating to 
the said saline. 

Sec. 9. Andrew Frazier, shall within three months af- Frazierto 
ter taking his lease, erect, or cause to be erected and kept erect a ferry 
up, a ferry across Saline creek, at Island ripple, the rates 
to be fixed by the county commissioners; and when estab- 
lished, he shall in all respects be governed by the act reg- 
elating ferries. If he shall neglect or refuse to establish 



bb*4 



SCHOOLS. 



certain farm 



one, the county commissioners may take possession of the 
place for the purpose, and erect one on application or oth- 
erwise. 

Sec. 10. The superintendent may occupy the farm free 
Sunerinten- of rent, on the lot lately occupied by Street and Lafferty; 
dent to occi py anc | \\ e ma y be absent on business a reasonable time,leav- 
mg an agent to act for him at his own risk and expense. 

Sec. ! 1. From and after the first day of August next, 
all salt sold by any lessee, or any other person selling at 
any of the works,* shall be weighed in scales by standard 
weight. 

Sec. 12. Timothy Guard, is hereby released from the 
excess of rent by him covenanted to be paid as lessee, of 
lot number two, of the Gallatin county saline, over and 
above five hundred dollars per annum. All laws incon 
sistent with this act are hereby repealed. 

[Approved, Feb. 2, 1827.] 



T. Guard re 
leased 



SCHOOLS. 



Laws repealed 



Settlement in 
two counties 



n^lSr**** ^^ ACT amending the act providing for the establishment 
of Free Schools, approved January 15, 1825, and for oth- 
er purposes. 

Sec. 1. Be it enacted by the People of the State of Illinois 
represented in the General Assembly, That so mueh of the 
act entitled "An act providing for the establishment of free 
schools," approved January 15, 1825, as requires that all 
school districts shall contain not less than fifteen families, 
be and the same is hereby repealed. 

Sec. 2. When any settlement shall be partly in one coun- 
ty and partly in another, it shall be lawful for the inhabi- 
tants of such settlement, to make application for a school 
district to the commissioners' courts of both counties; and 
if such district shall be granted, and a school kept accord- 
ing to the provisions of this act, and the act to which this 
is an amendment, the treasurer of such district si ill draw 
from the county treasury of each of said counties, the pro- 
portion of school money due to that part of the school dis- 
trict, which shall lie in said county. 

Sec. 3. The legal voters of any school district, at their 
1 ax how levied regular meetings, shall have power in their discretion, to 
cause either the whole or one half of the sum required, to 
support a school in such district, to be raised by taxation. 
And if only one half be raised by taxation, the remainder 
maybe required to be paid by parents., masters, and guar 



1 



SCHOOLS. 

dians, in proportion to the number of pupils which each of 
them shall send to such school. 

Sec. 4. No person shall hereafter be taxed for the sup- 
port of any free school in this state, unless by his or her n person shall 
own free will and consent, first had and obtained, in wri- be taxed with- 
ting. And any person so agreeing and consenting* shall out hl8 conseQt 
be taxed in the manner prescribed in the act to which this 
is an amendment. Provided, that no person shall be per- 
mitted to send any scholar or scholars to such school, un- 
less such person shall have consented, as above, to be tax- 
ed for the support of such school, or by the permission of 
the trustees of said school: And provided, that all persons 
residing within the limits of a school district, shall, at all 
times, have the privilige of subscribing for the support and 
establishment of any such school. 

Sec. 5. The rents and profits of any school lands with- R e nts of school 
in the boundaries of any township, are hereby assigned lands 
and appropriated, under the superintendence of the trus- 
tees, to the use and benefit of any school established there- 
in; and if there be more than one school established in 
such township, then the rents and profits aforesaid shall 
be divided between them: Provided, that if the trustees' 
of said township cannot agree in making a proper division 
of said rents and profits, then it shall be the duty of the 
county commissioners' court to make the apportionment 
thereof. But in either case a school established under 
this act, shall only receive so much of the rents and pro- 
fits of the sixteenth section, as shall amount to their equal 
share, computing the whole number of the inhabitants of 
the township. 

Sec 6. The treasurer of each school district, shall re- 
ceive any donation which may be offered by any person Donations, and 
for the support of the school established in such district, r " P y0 
either in money or any personal property; and where real 
estate is donated, the same shall be made to the trustees 
and their successors, for the benefit of the inhabitants of 
the school district, and the same shall be applied under 
the direction of the trustees; and any conveyance of real conveyance of 
estate made under the direction of the qualified voters of ieat estate 
the school district specially directed, shall be good and 
valid; the avails always to be used for the use of such 
school district. If any treasurer of a school district 
shall embezzle or misapply any such donation, or any Misconduc. 
^money which shall come into his' hands for the use of the ot treasurer 
district, he shall forfeit and pay to the trustees of the 
same, for the use of the district, to be recovered in any 
court having cognizance thereof, treble the amount of the 
money or property so embezzled or misapplied. 



366 



SCHOOLS AND SCHOOL LANDS. 



School fund 
may be vested 
id warrants. 



Sec. 7. The commissioners of the school fund, are 
hereby authorized to purchase with the school fund now 
on hand, or which may hereafter come into their hands, 
state paper and auditor's warrants, on the best terms they 
can, and consolidate the warrants, if necessary, and se- 
cure the requisite evidence of claim on the treasury as 
Aets repealed * ne J sna '^ deem right. The proviso to the second section, 
all the eighteenth section, and such other parts-of the act 
to which this is an amendment, as are inconsistent with-, 
or repugnant to this act, are hereby repealed. This act 
shall take effect from its passage. 

[Approved, Feb. 17, 1827.1 



In force May 1, 
1827. 



Trustees to be 
appointed 



Term of ser- 
vice 



Declared a bo- 
dy corporate 



Oath 



Their power 
and duiit-s 



To survey sec- 
tion 16 



SCHOOLS AND SCHOOL LANDS. 

AM ACT relating to the School Lands, 

Sec 1. Be it enacted by the People of the State of Illinois 
represented in the General Assembly, That the county com- 
missioners court, in each county, shall, at their June term 
next, or as soon thereafter as may be, appoint three trus- 
tees in each township where they deem it expedient, and 
where the population thereof will admit, to be called the 
trustees of the school lands; said court shall fill vacancies 
that may occur in said board of trustees; and said trus- 
tees, when appointed, shall hold their office for four years, 
and until their successors are appointed and qualified 
to office. 

Sec. 2. Said trustees shall be a body politic and cor- 
porate, and may sue and be sued by the name and de- 
scription aforesaid, in any court in this state. They shall, 
before entering upon the duties of their office, take an 
oath well and truly and faithfully to execute the duties 
of trustees of the school lands for said township, so far as 
relates to the sixteenth section thereof, according to 
law, agreeably to the best of their understanding; which 
oath shall be administered by some justice of the peace, 
and shall be endorsed on their certificate of appoint- 
ment. 

Sec. 3. Said trustees shall, within six months after 
their appointment, where the same has not heretofore 
been done, and where the said trustees may deem it exip 
pedient, shall survey, or cause to be surveyed, under their 
direction, section number sixteen, in said town, or such 
other lands as may have been selected in lieu thereof, or 
such parts thereof as they may deem expedient, into lots 






SCHOOLS AND SCHOOL LANDS. 3,6? 

of not less than forty nor more than one hundred and six- and subdivide it 

ty acres, and make a plat of such survey, and return a 

copy thereof to the county commissioners' court of said 

county. Said trustees shall select such lot or lots of said 

section, or other lands selected in lieu thereof, as they 

may think proper to reserve from use, for the benefit of the 

timber, stone, or stone coal thereon, a certified copy of 

which shall be returned to the county commissioners' 

court, aforesaid, and kept for the inspection of all persons 

interested. 

Sec. 4. The lot so selected, shall be preserved for the Timber hoyr 
benefit of the timber, stone, and stone coal thereon; preserved 
which timber, stone, or stone coal, shall not be used 
while there is a sufficiency on the lots leased, or that 
may hereafter be leased: Provided, that the trustees may, 
when necessary, permit the lessees to use the timber, 
stone, or stone coal, upon the lot or lots so selected as 
aforesaid. 

Sec. 5. The trustees, or a majority of them, shall have V i ay lease fo- 
power to lease any of said lots, except such as may be re- tenjears 
served as aforesaid, to any person or persons wishing to 
lease the same, for such term of time as they may think 
proper, not exceeding ten years, and upon such terms as 
they may think most conducive to the interest of the 
township: Provided, that said trustees shall advertise the 
leasing of such lands for at least four weeks, in four of the 
most public places of the township, previous to the mak- 
ing any lease; and said trustees shall lease said lands to Ontheb^- 
the persons offering the best terms; and shall, or a ma- terms 
jority of them, make and execute leases to the persons to 
whom they may let such lands: said leases shall be con- 
ditioned to use the lauds in a husband-like manner; and 
not to commit or sufFer waste thereon, and to pay said 
trustees, at the end of each year, the amount of money 
or rent agreed upon in said lease. 

Sec. 6. If any lessee, his, her, or their heirs or assigns, r, e s3ees com- 
or any other person or persons, shall cut down or destroy mining waste 



any more timber than may be necessary for the improve- 
ment and cultivation of the lot so leased; or shall do any 
damage to said leased premises, or commit any unneces- 
sary waste thereon, ur cut or take from off" the same, any 
timber from the lot so reserved, without first obtaining 
the order of the trustees of such township; every such 
I^^Jessee, or person claiming under him, and all other persons 
poiFendh'.g, shall be liable to the said trustees in an action 
of damages; and every lessee violating the provisions of 
this act, upon conviction thereof shall forfeit his or hei 
lea^r , 



liable to an ac 
tion 



36* SCHOOLS AND SCHOOL LANDS, 

Sec. 7. The trustees of each township are hereby au- 
wSpL. tborized a» d required, within three months after they 
menu shall be appointed and qualified to office, to value and ap- 

praise the improvements made by individuals, (the said 
individuals residing thereon,) where such appraisement 
has not already been made, upon section number sixteen, 
in their respective townships, or on lands reserved in lieu 
May give per- thereof; and the said trustees shall give such individual a 
mits certificate of the valuation and improvement, and a writ- 

ten permission, under the hands of such trustees, author- 
izing such individual to remain upon such improved land 
and cultivate the same, for such term of time not exceed- 
ing five years, as said trustees shall think reasonable, hav- 
ing regard to the valuation and appraisement as aforesaid, 
and taking into view the probable amount of the rents., 
and profits to accrue, so that the same may be equal to 
such valuation and appraisement. 

Sec. 8. No permission shall be granted to any one per- 
Bond required son g0 as t interfere with the improvement made by 
another, nor shall any such permission be granted until 
the person requiring the same, shall enter into bond with 
security to the trustees, and their successors in office, in 
the sum of three hundred dollars, conditioned that such 
person shall not commit any waste, or suffer any damages, 
to be done the premises, and that such person will leave 
the premises, at the expiration of the term, in as good 
repair as the same was in when such permission was V 
granted. 

Sec. 9. When any township lies partly in one county 
and partly in another, or others, the business of said town- 
ship, so far as relates to the school lands therein, shall be 
transacted under the discretion of the commissioners" 
court of the county which contains the greater portion of 
the school lands in said township. 

Sec. 10. The said trustees shall have power whenever 
Trustees may they deem it expedient, to appoint and discharge at pleas- 
aiiiUreasuver ure < a clerk and treasurer* The clerk shall record the 
official proceedings of the said trustees, file and preserve 
Theirduties surh papers as they may direct, and furnish the treasurer, 
from time to time, with a statement of the debts arid 
moneys which such treasurer may be authorized to re- 
ceive. Such clerk shall, on the first day of the county 
commissioners' court, at their June term, annually, trans- 
mit a copy of the proceedings of said trustees, of the pastB 
year, to said court. The treasurer shall give bond, in 
such penalty as the trustees shalr-prescribe, with approved 
security, payable to them and their successors in office, 
conditioned that the said treasurer shall faithfully perform 



SCHOOLS AND SCHOOL LANDS. S69 

the duties of his office, account for and pay over all mon- 
ey? he may have in his possession, in pursuance of any 
order given by a majority of said trustees. It shall be 
the duty of said treasurer to receive all moneys due for 
rent, or in any other way accruing to the school fund of 
said township, to keep fair and regular accounts, and shall 
exhibit his books to a majority of said trustees, whenever 
they siiail require the same. 

Sec. 11. It shall be the duty of said trustees, as soon Trustees to lay 
as they may deem it expedient, and the school funds of oft' school dra- 
said township will admit thereof, proceed to lay off the trins 
township into school districts, having regard to the con- 
venience of the inhabitants thereof, so that each district 
shall contain not less than eighteen scholars, subscribed 
or going to school; and the said trustees shall proportion 
the funds of said school lands, made by leasing the same 
according to the number of Scholars that may be going 
to school in each district; which money shall be paid over 
by the treasurer of the school fund, by order of the trus- 
tees, to some person or persons appointed to receive the 
same, by the parents or guardians of the scholars sub- A te achertobe 
scribed, or going to school, in said district, and by them employed, 
applied to the purpose of employing a school teacher: 
Provided, that no township shall be laid off into school 
districts, unless on the petition of a majority of the free- 
holders of said township. 

Sec. 12. That if any person or persons shall hereafter 
trespass upon the school land, or sixteenth section, or oth- how'Sshed 
er land selected in lieu thereof, appropriated for the pur- 
pose of education, by cutting down, destroying, or hauling 
from off the same, any timber, stone, or stone coal; every 
person so offending, shall forfeit and pay double the value 
of such timber, stone, or stone coal, to he recovered in 
the i! ime of the trustees, before any court having compe- 
tent jurisdiction thereof, or by indictment by the grand 
jury, before the circuit court of the county, and to be ap- 
propriated to the use of the township, for school purposes. 

Sec. 13. When any township shall not contain twenty 
white inhabitants, the county commissioners 1 court of the Cpontyeomte 

* to l^iKd CilH.F£S 

county shall have power to manage and lease the school of school lands 
lands in such township,in the same manaer,asit might be incerttin cases 
done by trustees. In all cases in which the county com- 
missioners of any county have heretofore leased any 
.school land-, in consequence of there not being a sufficient 
number of inhabitants within the township, such leases 
shall be deemed as le^al and valid, as if the same were 
executed by tru-tees duly appointed. 

Sec. 14. Upon the death or resignation of any trustee, 
47 



S70 



SHERIFFS. 



tees 



Compensation 
to trustees &c 



Death or rate- appointed under the provisions of this act, the survival' 
" or survivors shall do and perform all the duties required 
of such trustees until successors be appointed. 

Sec. 15. The trustees, clerk, and treasurer, appointed 
under the provisions of this act, for their services perform- 
ed, shall be allowed a reasonable compensation, paid out 
of the school fund of the township in which they reside^ 
as the county commissioners' court may direct, or as the 
citizens of the township may otherwise provide for. 
Sec. 16.» An act relating to the lands reserved for the 

Att* repealed use of schools, approved March 2,1819; the act provid- 
ing for persons settled on the school lands, approved March 
24, 1819, are hereby repealed: Provided, that all leases, 
surveys, and all other lawful acts, heretofore made by the 
trustees of the school lands in each township; and all 
trustees heretofore appointed that have discharged the 
duties' of their office, shall continue in office for the term 
of time, for which they were appointed; and all rights 
acquired under the act hereby repealed, shall be of the 
same validity, and shall be settled in the same manner as 
though this act had not been passed. This act to take 
effect the first of May next. 

[Approved Feb. 17, 1827.] 



SHERIFFS. 



In force Jan. 
24, 1827 



AN ACT for the relief of Ex-Sheriffs. 



Sec. 1. Be it enacted by the People of the State of Illinois^ 
v , , ff represented in the General Assembly, That all sheriffs who 

ai?ow^toco S | have heretofore been in office in this state, on entering 
lect taxes in av- into bond and security, in the manner now prescribed by 
reavs law, tor sheriffs, shall be authorized to collect all taxes in 

arrears, which accrued during the time they were sheriffs, 
and they are hereby required to pay over the same with- 
in nine months from the passage of this act, unless they 
have already accounted for the same; and they are fur- 
ther authorized to collect all costs of suits, and fees which 
are due and owing to them, or where the same shall be 
due and owing to any other person or persons, where 
such sheriff has either paid or become liable for the same, 
and account therefor, to the proper person, within nine 
months from the passage of this act. 

Sec. 2. Ephraim Hubbard, late territorial sheriff, if 

{^ raimHub ~ hereby authorized to collect the fee hills which were 

placed in his hands by Joseph M. Street, and for whicfr 



SHERIFFS AND CORONERS* an 

s.aid Street has recovered judgment against said Hubbard; 
and said Hubbard, as well as the persons intended in the 
first section of this act, are hereby invested, with the same 
power to collect their several demands, as any sheriff now 
has. [Approved, Jan. 24, 1827.] 



ed 




SHERIFFS AND CORONERS. 

In force /uc£ 

AN ACT concerning Sheriffs and Coroners. 1, 1827. 

Sec. 1. Be it enacted by the People of the State of Illinois, How gn >ff san( » 
represented in the General Assembly, That whenever any coroners shall 
sheriff or coroner shall be elected for any county iu h * commission* 
this state, and return of the votes made to the secretary 
of state; the governor shall commission such sheriff or 
coroner to continue in office for two years, which com- 
mission shall be transmitted, by the secretary of state, to 
the clerk of the circuit court of the proper county ; whose 
duty it shall be to give immediate notice to such sheriff 
* or coroner, of the receipt of his commission. 

Sec. 2. Every sheriff or coroner elected as aforesaid, 
on receiving notice of his commission, shall, within thirty They shall en- 
days thereafter, enter into a bond to the people of the termtoboad 
state of Illinois, with good and sufficient security, to be 
approved of by the judge of the circuit court of his coun- 
ty, at the term next after the date of such bond, the sher- 
iff in the penal sum of ten thousand dollars, and the co- 
roner in the penal sum of two thousand dollars, condition- 
ed for the faithful discharge of all the duties required or to 
be required of him by law, as sheriff or coroner, (as the case 
may be) and shall also, at the time of giving such bond, take 
and subscribe before the clerk of the circuit court, the sev- * nd be qualified 
eral oaths required by law ; and an oath for the faithful 
performance of the duties of his office: Provided, that if 
no circuit court be held within thirty days after notice of 
such commission, as aforesaid, the clerk may approve the 
bond required as aforesaid; which bond, in that case, 
shall be good and valid, until the end of the next suc- 
ceeding circuit court. 

Sec 3. The oaths so taken, and bond given by any 
sheriff or coroner as aforesaid, shall be filed and recorded Oaths and bon^ 
y the clerk of the circuit court; and the taking and ^rded* anri 
ubscribingof the oaths, shall be certified by him on the 
back of the commis>ion,and a certified copy of such bond, 
under the seal of the court, shall be evidence in all courta 
in this state. 



372 



SHERIFFS AND CORONERS. 



Neglect to give 
bond, 6ce. 



Office to be va 
cated, and 

■writ of election 

issue 



Du'v of sh'ffs 
and coroners 



Ther shall be 
conservators o: 
the peace 



Sh»ff to attend 
circuit court 



uty of coro- 
nal m relation 
to dead persons 



When he shall 
act as sheriff 



Sec. 4. If any sheriff or coroner, elected as aforesaid, 
Bnaii neglect or reiuse to enter into bond and take the oaths 
above required, within the tunc above speuhed,or if any 
bond approved by the clerk as aforesaid, shall be disap- 
proved by the juuge of toe circuit court; and such sheriff 
or coroner snail not, during the term ot the court, procure 
such security as the judge shall approve, in ail such cases 
tue office shall be deemed vacant; and the clerk thai) imme- 
diately notify the governor of such vacancy; and it shall 
be the duty of the governor to issue a writ ol election, 
and direct the time of holding the same; which election 
shall be proceeded in as other cases of election. 

Sec 5. It shall be the duty of every sheriff and coro- 
ner, when qualified as aforesaid, to execute and return all 
writs, warrants, process, orders, and decrees, of every de- 
scription that shall or may be legally directed and deliv- 
ered to him, within the limits of his county, under pain 
of contempt of the court from which such writ, warranty 
process, order or decree may have issued; and tor the 
service of such process, and ibr keeping the peace, such 
sheriff or coroner may call to his aid the power of the 
county, when necessary. 

Sec 6. The several sheriffs and coroners shall be con- 
servators of the peace in their respective counties, and 
keep the same, by causing all ollenders, on view, to be 
committed to prison,. and to enter into recognizance to. 
keep the peace, and appear at the next circuit court, and 
shall return all such recognizances to the next circuit court; 
and it shall also be the duty of all sheriffs and coroners 
to suppress all riots, routs, affrays, lightings, and all crimes, 
and breaches of the peace, and to do and. perforin all such 
other duties, as arc or may be required of them by law. 

Sec 7. It shall be the duty of the sheriff of each 
county, to attend all circuit courts, and courts ol county 
commissioners, in his county, at the terms and sessions of 
such courts; and he shall have the custody and care of 
the court house and jail. 

Sec 8. It shall be the duty of the coroner, to take in- 
quest of violent or casual deaths happening in his county, 
or where the body of any person coming to such death 
shall be found in his county; and shall make return of 
such inquest to the circuit court; also to serve all 
writs and process, when trie sheriff shall be a party to the 
suit; or when it shall be made to appear by affidavit, filed 
with the clerk who issues the process, that the sheriff is 
interested in the suit, or related to either party; and in 
case of a vacancy in the ofiice of sheriff, by death, resig- 
nation, removal, or otherwise, the coroner shall do and 



SHERIFFS AND CORONERS. 373 

perform all the duties pertaining to the office of sheriff, 
receive the proper fees and emoluments, and be liable to 
the same penalties and proceedings, as it he were sheriff, 
until juch v acaucy shall be rilled, by the election and quali- 
fication of a new shei id*: Provided nothing herein contain- 
ed, shall prevent any sheriff wuose term has expired, 
from continuing to perform toe duties of the office, until 
his successor be qualified as is hereinafter provided. 

Sec. 9. It shall be the duty of eacii and every sheriff ot ., 

- ... t*i -.* _«*u a i_ Shall settle for 

in t.ns state, to make a settlement with the county commis- C o revenue 

sioners' court of his county, for tne taxes and moneys by 

him collected, or due the county, at tne Decemoer term 

of sucfi court, annually; and lie shall settle and account for state reve- 

V wild the auditor of public accounts, for all taxes and nue 

pu die moneys due the state, as required by law. And if and procurfc 

any person snail Hereafter be elected sheriff of any coun- quietus 

. ty in this state, who has been sheriff of any county of the 

late territory of Illinois, or of this state, and who shall, at the 

time of his election, be in arrear to the state or county 

for taxes, or other public money, such person shall not be 

commissioned: and wuere any such former sheriff shall 

" e eiected, and shall not, within thirty days after his elec- 

on, produce to the governor a quietus from the proper i n default 

officer of his county, and from the auditor of public ac- thereof the 

counts, for all moneys or revenue with which he shall be, § ove,nor to . or - 
, , , 1 , .-c /-.-.. ' tier an election 

at the time, chargeable, or a certificate of his having ten- 
dered the amount, the governor shall order a new elec- 
tion, as in case of neglect to qualify, or refusal to serve. 

Sec 10. No sheriff or coroner shall become the pur- 0.^0 

, ,. , . r Sh'ffSo coroner 

chaser, nor procure any other person to become the pur- not to be pur- 
chaser for him, of any property, real or personal, by him chasers at sate* 
exposed to sale, by virtue of any execution or other pro- 
cess; and all such purchases made by any sheriff or co- 
roner, or by any other person in his behalf, shall be abso- 
lutely null and void. 

Sec 11. It shall be lawful for any sheriff to appoint 
a deputy or deputies; which appointment shall be in wri- Appointroe c 
ting, filed in the office of the clerk of the circuit court, ° epuue9 
and entered of record; and any deputy when so appoin- 
ted, and having taken and subscribed the several oaths re- 
quired to be taken by the sheriff shall be, and is hereby . . 
authorized to perform any and all of the duties required 
of the sheriff' in the name of the sheriff; and the sheriff 
shall be liable for any neglect or omission of the duties of 
IjSis officer, when occasioned by any such deputv, in the ^,, . . . 
same manner as tor Ins own personal neglect or omission. r misconduct 
And any bond or security taken by any sheriff from his 
deputy, to indemnify such she riff, shall be good and availa- 
ble in law. 



374 



SHERIFFS AND CORONERS. 



Sh'ffs to con- 
tinue until su- 
perseded 



Notice of aucr 
oessor 



Former sh'fFto 
deliver papers 



court house and 
ml 



Collections to 
be made by 
'ormer sli'ffs 



Neglect to pay 
over money 
collected 



Sec. 12. Whenever the office of any sheriff shall have* 
expired, by the constitutional term of two years, it shall 
be lawful for the same person, whether re-elected or not, 
and his deputy or deputies to continue to perform all the 
duties of sheriff, until his successor shall be commission- 
ed and qualified, as is hereinbefore required. And when- 
ever any sheriff shall go out of office, and his successor in 
office shall be qualified as aforesaid, the clerk of the cir- 
cuit court shall issue a notice in writing, stating that the 
sheriff elect, has been commissioned and qualified accord- 
ing to law; which notice shall be served by the new sher- 
iff, and the former sheriff shall thereupon transfer and 
deliver to the new sheriff, all the writs, process and papers 
belonging to his office except as is hereinafter excepted ; and 
also the possession of the court house and jail of his coun- 
ty, and shall take from the new sheriff a receipt, specify- 
ing the paper? so delivered over, and the prisoners in cus- 
todv,if any; which receipt shall be sufficient indemnity to 
the person taking the same. 

Sec. 13. Every sheriff going out of office, at the expi- 
ration of his term, and having any writ of fieri facias, or 
fee bill, which he may have levied, but not collected, or 
any tax list uncollected, shall be, and is hereby authoriz- 
ed to proceed on and collect such execution, fee bill or 
tax list, in the same manner, as if his term of office had 
not expired; and any sheriff who has heretofore, or who 
may hereaft r pay and advance the taxes assessed against 
any person, may proceed to collect the amount of money, 
so paid and advanced, in the same manner, to his own use, 
as if no payment had been made. 

Sec. 14. If any sheriff or coroner shall neglect or re- 
fuse, to pay over any money collected by virtue of any 
execution, process, or fee bill, to any person entitled to 
receive the same, or shall wilfully neglect the duty of 
his office, to the prejudice or ii jury of any person or per- 
sons, such person or persons may, on application to the 
court, where the bond of such sheriff or coroner is filed 
and recorded, and on sufficient cause being shewn, obtain 
leave to prosecute the bond of such sheriff or coroner; 
and the same proceedings shall be had thereon as in other 
cases of bonds for the performance of covenants; and af- 
ter judgment had, any person injured, and who would be 
entitled to sue on said bond, on application as aforesaid, 
may obtain a writ of inquiry of damages on such judg- 
ment; and in every case when damages shall be assessed^ 
execution shall he issued for the amount of such damages 
and costs, and collected for the use of the injured party; 
or upon the failure of any sheriff or coroner alter demand 



SHERIFFS AND CORONERS. S? t 5 

.made to pay over any money by him collected, by virtue 
of any execution, process, or iee bill, to any person enti- 
tled to receive the same, such person may proceed against 
such sheriff or coroner, in a summary way, before the 
circuit court, by motion, upon giving to such officer ten 
days' notice of the application, and recover the amount 
so neglected to be paid, with ten per cent, damages there- 
on, for such detention, and shall have execution therefor: 
Provided, that in all such cases, if the sheriff shall pay or sat- 
isfy the amount claimed by the party prosecuting, with 
costs, under the direction of the court, before final judg- 
ment, or in any subsequent prosecution before inquest 
found, all further proceedings on such bond, or judgment, 
shall be stayed by the eo» . 

Sec. 15. If any sheriff shall fail to settle with and pay 
ever to the county commissioners' court, according to law, Failure to set- 
any money which he may have collected or received, be- Jj^jj COUDty 
longing to such county, it shall be lawful for the county 
commissioners of such county to proceed against such 
sheriff, in a summary way, before the circuit court, by 
inotion, upon giving such sheriff ten days' notice of such 
application, and recover the amount due such county, 
with ten per cent, damages thereon, for such neglect, and 
shall have execution therefor; or may proceed against 
such sheriff and his securities for such delinquency, upon 
his bond of office. 

3Sec. 16. If any sheriff shall fail or neglect to settle 
with the auditor of public accounts, according to law, and 
pay over all money due the state from such sheriff, it shall rt Wta -![h ^fi^ 
be the duty of the auditor to proceed against such sheriff, L ' 

by motion, either in the supreme court or in the circuit 
court of the county where such sheriff shall reside, upon 
giving to such sheriff, if the motion be made in the su- 
preme court, twenty days' notice of the application, or 
ten days' notice, if made in the circuit court: ar.d recover 
judgment against such sheriff for the amount he may owe 
the state, with ten per cent, damages thereon, and have 
execution therefor: or may proceed in either court afore- 
said, against such sheriff and his securities, upon his bond 
of office. This act repeals "An act defining the duties Act9 repealed 
of sheriffs and coroners of the stale of Illinois," approved 
March 2, 1819, and all