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Full text of "The revised code of laws, of Illinois :"

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THE 



RETIRED CODE OF LAWS 




ILLINOIS, 



CONTAINING THOSE OF A GENERAL ANI> PERMANENT NATURE PASSED BY THfi 
SIXTH GENERAL ASSEMBLY, AT THEIR SESSION HELD AT VANDALIA, COM- 
MENCING ON THE FIRST MONDAY OF DECEMBER, 1828; AND THOSE 
ENACTED PREVIOUS THERETO, AND ORDERED BY THE SAID GEN- 
ERAL ASSEMBLY TO BE RE-PU3LISHED. 



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^■^' ^ ^k::^^-, ^. 




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PUBLISHED IN PURSUANCE OF LAW. 



SHAWNEETOWN, ILL. 

PUBLISHED BY 

ALfiZANDER F. GRANT & 00, 

LODGE, l'HOMMEDIEU & HAMMOND^PRINTSRS . 

CINCINNATI. 
1829 



*% 



s. *- 



1^ 



J A- 



W> 






Ci^ 






CONTENTS. 








PAGEi 


APPROPRIATIONS, 


- 


- 5 


ATTA'CHMENTS, 


- 


8 


K 






. BOUNDARY LINE, 


. 


- 9 


r BRIDGES, . -• - . 


- 


12 


C 






CANALS, - ^ - - 


. 


- 14 


CENSUS, - - > - 


' . 


18 


CONVEYANCES, ... - 


- 


- 23 


COUNTIES, 


- 


26 


COURTS, - - 


. 


- 33 


COURT HOUSES AND JAILS, 


- 


53 


Vi 






ELECTIONS, - - - - 


- 


- 54 


ENCLOSURES, - 


- 


69 


ESTRAYS, - - - - - 




- 72 


F 






FERRIES, TOLL BRIDGES AND TURNPIKES, 


73 


O 






GENERAL ASSEMBLY, » - , - 


- 


- 74 


H 






HORSES, - - - - 


- 


75 


I 






^ IDIOTS, &c. 


» 


- 77 


INSOLVENT DEBTORS, - 


° 


78 


J 






JUDGMENTS AND EXECUTIONS, 


. 


- 85 


. JUSTICES OF THE PEA'^'" JSTD CONSTABLES, 


93 


JL 






LAND, 


. 


- 98 


LAWS, - ^ 


- 


102 


M 






MECHANICS, . - 




. 106 


MILITIA, - - . . 


• 


107 


MONEY, - - - . . 


- 


- 180 



CONTENTS. 



PAG£. 



N 

NEGROES, - - - - - - 109 

NOTARIES PUBLIC, - - - - - 112 

P 

POOR, - - , 113 

PUBLIC OFFICERS, - - - -* - 114 

R 

RECORDERS, - - - - - -.116 

REVENUE, - - 118 

RrVERS, 124 

ROADS, 126 

SABBATH BREAKING, - - - - 138 

SALARIES, FEES, &:c., - - - - - 140 

SALINES, . - ^ - . - 142 

SALINE RESERVES, - - - - - ib. 

SCHOOLS, 149 

SEALS, - - 155 

SECURITIES, - . - - - - ib. 

SEMINARY LANDS, - - - - - 158 

SHOWS AND JUGGLERS, - - - - 162 

SLANDER, - - - . . - 163 

STATE BANK, - -- - - - 164 

STATE HOUSE, - - - - - - 170 

SUITS BY OR AGAINST THE STATE, - - 171 

SURVEYORS, 172 

T 

TOBACCO INSPECTION, - - ^ - 174 

TOWN PLATS, .' - . . - - 181 

TRESPASSING, ^*^ - - - - 185^ 

V 

VANDALIA, - - - - . - 18B 

W 

WEIGHTS AND MEASURES, - . - - 190 

WILLS, TESTAMENTS, &c. - - - - 191 

LAWS OF CONGRESS, RELATIVE TO FUGITIVES > ^.^ 

FROM ONE STATE TO ANOTHER, J "^^^ 

RESOLUTION, ----- 238 

LIST OF PRIVATE ACTS, - - - - 240 

AUDITOR'S REPORT, -. - - - 245 

TREASURER'S REPORT, - - - 250 



/ 



STATUTE LAWJ^ 

OF THE 

STATE OP ZI.I.£NOIS, 

TIEVISED AND PUBLISHED UNDER THE DIRECTION AND At^- 
THORITY OF THE GENERAL ASSEMBLY. 

r 



APPROPRIATIONS. 

A-N ACT MAKING APPROPRIATIONS FOR THE YEARS 
1829 AND 1830. 

Section 1. Be it enacted by the People of the State of^^ force 23d 
Illinois, represented in the General Assembly, That the fSo^^* 
sum of four thousand state paper dollars, and two thou- 
sand specie dollars, is hereby set apart and ^ppropria- (^Jq^^-jj ^p*. 
ted as a contingent fund, to meet the contingent ex- fund, 
penses of the state for the years one thousand eight 
hundred and twenty -nine, and one thous-nd eight hun- 
dred and thirty. The said contingent fund shall be sub- Subject to the 
ject to the order of the governor, for the payment of any o^^der of the 
expenses which may be necessary, and unforeseen by^^^^^"^'^' 
the Legislature, and for printing and distributing the 
laws and journals of the present General Assembly; a be^l aid before 
statement of which shall be laid before the next Gene- the next 0en* 
ral Assembly, by the auditor, in bis biennial report. eralAssem^ 

Sec. 2. There shall be paid to the speaker of the ^* 
Senate^ and of the House of Representatives, respect-^ . . 

ively, four dollars per day, for each day of the present tjo^ ^^ ^j^^ 
session. To the members of the Senate, and House of speaker of the 
Representatives, three dollars per day, for each day of^^'^^^'*^^^ ^'^ 
the present session ; and three dollars for every twenty j^gpresen^a- 
miles travel, in going to, and returning from, the seat of tives. 
government. To the secretary of the Senate, and prin- ^^ the mens? 
cipal clerk of the House of Representatives, respect- To the offi^ 
ively, five dollars per day, for each day of the present cers. 
."essi<?n. To the enrolling and engrossing clerks of the 

B 



APPROPRIATIONS. 

' JR.. ■.. : 

Senate, and House of Representatives, respectiv^ely, 
four dollars per day. To the door-keepers of the Sen- 
ate and House of Representatives, respectively, three 
To be certifi- dollars per day. And the said compensation, when due, 
ed by the sec- ^^ ^\^f, officers and mcnibers of the Senate, as aforesaid, 
Senate. ^ shall be certified by the secretary thereof, with the ex- 
ception of his own compensation, which shall be certi- 
And the clerk fied by the Speaker; and the compensation that maybe 
of the House due to the officers and members of the House of Rep- 
tathS'^^^^"" J'^sentatives, shall be certified by the principal clerk 
thereof, and that of the clerk by the speaker; which 
said certificates, when made out, as aforesaid, shall be 
sufficient evidence to the auditor of each person's claim, 
A . „♦ H. respectively, who shall issue his warrant on the treasury 

Amount De- r ^ , 1 l n i • i i r 

fore drawn, to lor the amount such person shall be entitled to, as afore- 
be charged at said, to be paid out of any moneys in the treasury, not 
d^df^r^b"' otherwise appropriated. And the amount of money that 
law, incases has been drawn at the present session of the General 
of payments Assembly, by the members and officers of this legisla- 

be mad^ ^"^ *^^^' ^^^*^ ^^ charged to them by the auditor, at the 
same rate in the value of state paper, as is provided for 
bylaw, in cases of payments.out of the treasury, here- 
after to be made, 

. . Sec. 3. The auditor of public accounts shall issue 

Appropna- i . , .u i. • r r t i\/r 

^ons to Isaac his warrant on the treasury, in tavour of Isaac Morgan, 

Morscan, for the sum of thirty-sij: dollars. And also, in favour of 

E f klmT-^' ^'^^^"^^^ M.Young,* Richard I. Hamilton, John Y. Saw- 
ton, John Y. J^r, and Alexander F. Grant, the clerks employed by 
Sawyer, and the joint committee on the revision of the statutes, the 
J n' p"^^"*' sum of one hundred state paper dollars each. To John 
' D. Gorin the sum of thirty-five do]];irs for the use of 
Secretary of ^^^ room for said committee. To the secretary of state, 
State, for clerk hire in copying and preparing the laws of the 

present session, and for a person to make marginal notes 

and an index to the same, four hundred stale paper dol- 
Wilhs Har- \^t?,» To Willis Hargrave, for money paid by him for 
^^ ^ ' advertising for leases aad sales of metal, fourteen dol- 

^ -^ J lars and twenty-five cents. To Wiljiam C. Jones, for 

'.surveying the situations for water-works in the Gallatin 
T M Nich- ^^"^^y saline reserve, twenty-four dollars. To Theor 
^isj * philus M. Nichols, for killingiw^elve wolves, the sum of 

twelve dollars, (the certificate of which has been lost.) 
J. fiarlan, rp^ Justin Harlan the sum of three dollars per day, for 

his compensation in assisting ihe principal clerk in the 
ml^' ^'*" dis«^iiarge of his duties. To John 13. E. Canal, for hi? 
W.'carri<'a2i services as assistant secretary to the Senate,, three dol- 
' ' '^ lars per day. To William Carrigan and Alfred Cowles^ 



Appropriations. 7 

four dollars fcach, per day, for each day they have been 
employed in assisting the engrossing and enrolling clerks 
of both Houses, at the present session. To James J. Black, 
Black, for stationary &:c. for the use of the present Gen- 
eral assembly, sixty-three dollars and forty -three and 
three-fourth cents, state paper dollars, and eighteen dol- 
lars in specie. To William Nichols, six dollars in state Wm. Nichols, 
paper, for administering the oaths of office to the mem- 
bers of the present General Assembly. To Benjamin B« P. Miller, 
P. Miller, twelve dollars and seventy two cents, state 
paper, for articles furnished the General Assembly. — 
To John Enochs, three dollars, for attending one day as J« Enochs, 
door-keeper to the Senate; and one dollar, state paper, 
for one bottle and ink furnished the Senate. To Thom- 
as Redmond three dollars, for attending one day as door- 
keeper to the House of Representatives ; and to Thorn- T. Redmond, 
as Redmond four dollars, in state paper, for repairing 
the fire places, furnishing brick, &c., for the represen- 
tatives' hall. To Robert Blackwell, for printing mes- R. Blackwfe]], 
sages, rules, reports, bills, &:c., for the present General 
Assembly, the sum of one hundred and seventy-one dol- 
lars and sixty-three cents. To Thomas Ford the sum T. Ford, 
of three dollars per day, for acting as secretary to the 
council of revision, copying memorials, &:c. The gov- 
ernor shall certify the number of days, upon which cer- 
tificate the auditor shall issue his warrant for the same. 
To Frederick Stull, for house rent for the sittings of the ^; ^^"^^v 
Supreme Court, eighteen dollars. To James Hally^j. 
treasurer, the sum of four hundred and seventy -five dol- 
lars, for clerk hire, for the years 1827 and 1828. To 
Robert K. Fleming, for printing bills &c. for the present jq* 
General Assembly, one hundred and fifty-four dollars 
and forty-five cents, state paper. To Benjamin P. Mil- ^' ^- ^^illeV, 
ler two dollars and fifty cents, state paper, for articles 
furnished the General Assembly. To Sinn and Hankin Sinn and 
thirteen dollars, state paper, for covering tables and ^^^^^J^j 
desks, and other work done in the Senate Chamber and 
House of Representatives. To George Forquer, for G. Forquer', 
extra official duties, and for losses sustained by him in 
the purchase of stationary for the state, occasioned by 
the depreciation of state paper, two hundred dollars. — 
To the auditor of public accounts, for clerk hire for the The auditor, 
years 1827 and 1828, on account of an increase of du- 
ties, the sum of two hundred dollars, per annum; and Thegovemor, 
alsothe sum of three hundred dollars, per annum, fi>r^e/^ne^"]°^' 
clerk hire hereafter. And there shall be allowed to the and state's * 
governor, the judges of the Suprenie Courts the attorney attorneys, 



P ATTACHMENTS- 

geiieral, and state's attorneys, severally, five percent oi> 
the amount allowed by law for their services, for the 
years 1827 and 1828, as an indemnity for losses sustain- 
Cierk of the ed by them, on account of the rate at which state paper 
House of has been paid out of the treasury. To the clerk of the 
^ver^^"^^' Ko"^^ ^^ Representatives, for furnishing a copy of the 
journals of said House for the press, two hundred and 
Secretary of fifty state paper dollars. To the secretary of the Senate 
the Senate, ^j^^ ^^^^ ^^ ^^^ hundred and fifty state paper dollars, for 
furnishing a copy of the journal of the Senate for the 
Judges of the press. To the judges of the Supreme Court two hun- 
S. Court. dred dollars each, for their services in revising the sta- 
tutes, in conformity to the act of the Legislature, passed 
January 10,1825. 

Sec. 4. The cashier of the branch of the state bank 

ST^^^^^^lf ^ fit Edwardsville, is hereby authorized to retain, out of 

branch bank. '^^J moneys collected by him, the sum of one hundred 

and nine dollars, state paper, in full for house rent, and 

other incidental expenses of said bank, for the years 

1827 and 1828. 

[Approzed^ January 23, 1 8'29. j 



ATTACHMENTS. 

AN ACT TO AMEND AN ACT CONCERNING ATTACHMENTS, 
In FORCE APPROVED, JANUARY 24, 1827. 

"^^"isIq^ ' ^^^* ^* ^^ ^^ enacted hy the people of the state of 
Illinois^ represented in the General Assembly^ That where 

may issue to ^" attachment, either foreign or domestic, shall be issued 

several coun- out of any Circuit Court, in any county of this state, it 

*^^^- shall be lawful for the plaintiff to cause an attachment 

to be issued to the sheriff of any other county of the 
state, where the debtor may have lands, tenements, or 
real estate; which attachment the sheriff, to whom the 

„ , , J same may be directed, shall levy upon the lands, tene- 

'' ments, or real estate, of the debtor in such county, and 

shall make return of such writ to the Court issuing the 

^nd returned, gm^g^ \^ ll^g same manner as though the suit had been 
commenced in the county where said lands are situate. 

Lien. Sec. 2. All lands, tenements, or real estate, levied 

upon by attachment, shall be bound until the debt, up- 
on which it issued, be paid. 

Sec. 3. Judgment rendered upon attachment, shall 

Lien, create a lien upon all lands attached, as in otlier cases 

of Judgments. Jn all cases of judgments upon attach'^ 



BOUNDARY. 



9 



Bient, execution ehall be first issued to the sheriff of the |^^^^"^*°° 
county wherein such judgment is rendered, and the county where 
sheriff shall proceed to sell all lands attached as afore- the judgment 
said, in the same manner as is, or may be, provided for^^ rendered; 
the sale of lands by the laws of this state. Should the 
lands in such county not be sufficient to pay the judg- 
ment, interests, and costs, then the plaintiff shall be en- 
titled to an execution, directed to the sheriff of any oth-*^®°*® ^ ?''' 
er county, where lands of the debtor may have been at- 
tached, as aforesaid ; and so on, from county to county, 
until the sales of the lands of the debtor, as aforesaid, 
shall pay and satisfy the judgment, interests, and costs, 
or until the whole of the lands attached shall be sold. 

Sec. 4. The clerk of the Court issuing such exec u- Endorsement 
/^ion, as aforesaid, shall endorse upon each subsequent °^ ^j"^°""5 
execution, the amount made by former sales, and the mer execu- 
amount then due upon such execution, tion. 

Sec. 5. The sheriff making such sales, as aforesaid, ^. .^ . . ,, 
shall make, and execute to the purchaser, deeds for all ^ake deeds 
lands, tenements, and real estate, sold by him, and shall for lands sold, 
acknowledge such deed before the clerk of the Circuit 
Court of the county where the lands are situate, and 
which deeds shall vest in the purchaser all the right, 
title, and interest, which the debtor had in such lands, 
tenements^ or real estate. 

Sec. 6. So much of the sixth section of the act, to 
which this is an amendment, as limits the amount for pa^t of former^ 
which an attachment may issue, is hereby repealed; and actrepealedo 
hereafter justices of the peace may issue an attach- 
ment on any sum under thirty dollars. 

[Approved, January 16^ 1829.] 



~^Or^ 



BOUNDARY. 

AN ACT ESTABLISHING THE LINE BETWEEN THE STATES OF Is FORCE,- 

ILLINOIS AND INDIANA. FEBRUARY, 



WHEREAS, the general assembly of this state, at 
their second session, passed a law, entitled '* an act pro- 
viding for the running and marking the line dividing 
the states of Illinois and Indiana," approved, February 
6, 1821, which made it the duty of the governor of this 
state, to appoint a commissioner on the part of the state. 

B* 



17, 1823. 



10 BOUSiDART. |i 

to act with such commissioner as should be appointed 
by the governor of Indiana, for the pujpose oi adjust- 
ing, running and marking the Hne between the states 
aforesaid, from where a north line from Vincenjies last 
leaves the north-west bank of the Vv abash river; and 
ivhereas, it appears from the report of the said commis- 
sioners, communicated to this legislature by the govern- 
or of this state, that they have adjusted, run and marked 
feaid line: Therefore, 

Sec. 1. Be it enacted by the people of the stale of 
Illinois represented in the general assembly, That the fol- 
lowing be, and the same is hereby established, as the 
Line between permanent line between the states of Illinois and Indi- 
lilinois and ana, viz: commencing on the north, or north-west bank 
-Indiana. ^^ ^j^^ Wabash river, where a due north line from Vin- 

cennes, last crosses the said i iver, forty-six miles from 
Vincennes, at a mulberry post, forty links from the 
water's edge, from which a S}camore tree, thirty-eight 
inches in diameter, bears north, seventy-one degrees 
west, twenty links, and a sycamore thirty inches in di- 
ameter, bears nor' h eighty-four degrees east, thirty-nine 
links; thence north, commencing with a variation of six 
degrees and tifty minutes, changing the same frequently, 
as designated by the field notes, one hundred and fifty- 
nine miles and forty-six chains, to lake Michigan. 

Sec. 2. That Guy W. Smith is hereby authorized 
and requested, to procure and have placed where the 
A tone to be '^"^ dividing the states of Illinois and Indiana, last 
placed where leaves the river Wabash, a hewn stone, of at least five 
the said line feet in length and fifteen inches in diameter, and cause 
W'^b^ h ■ ' ^^^^ following inscriptions to be'made thereon, viz: on 
' the west, " Illinois," on the east, " Indiana," and on the 
north, " 159 miles and 46 chains to lake Michigan." 
And the auditor of public accounts is hereby required 
to issue his warrant on the treasurer, for any sum not 
exceeding one hundred dollars, upon the application of 
the said Guy W. Smith, for the purpose of defraying 
the expenses incurred in carrying into effect the pro- 
visions of this act. 

[Approved, February 17, 1823.] 



BOUNDARY. 1 1 



AN ACT TO ASCERTAIN AND SURVEY THE NORTHERN BOUNDARY In FORCE, 
LINE OF THIS STATE. JANUARY 2, 

i829. 

Sec. 1, Be it enacted hy the people of the state of 
Illinois represented in the General Assembly^ That it slialJ 
be the duty of the goveruor to appoint a commissioner Governor to 
on the part of this state, who, with such commii^sione^ appoint a 
as may be appointed on the part of the United States, ^o^^'^^^^io'^e' 
shall form a board to ascertain, survey and mark the j^jgjj^^y 
northern boundary line of this state, as defined in the 
act of Congress, entitled ^' an act to enable the people of 
the Illinois territory to form a constitutiosj and state gov- 
^ernment, passed the eighteenth of April, one ihousand 
eight hundred and eighteen." And in case of the 
commissioner appointed under this act, failii.g rem any 
cause to act, the governor shall appoint a commissioi:er 
to supply his place, until the object of the commission 
shall be accomplished. 

Sec. 2. The said board of commissioners, shall have 
power to employ the necessary surveyors and labourers, ^nd power to 
and shall meet at such time and place, as may be agreed tniplo> sur- 
upon by the president of the United States and the ^^y^'^' *^*^* 
governor of this state, and proceed to ascertain, survey 
and mark the said northern boundary line of this state, 
and report their proceedings to the president of the 
United States, and to the governor of this state; a copy f^^ report tb 
of which, the governor shall lay before the General the governor. 
Assembly at the next session thereafter. 

Sec. 3. The governor is hereby authorized and em- 
powered to make a contract with said cofnmissioner, Contract 
for running said line, at any sum he may think reason- with commis'* 

able and just, not exceeding five dollars per day, for bis^^""^'' ^^'^ J^*^ 
♦',.',■ .P 1 .* •'. ,, compensation 

services, whilst necessarily engaged m running the 

same, besides such other compensation as he may think 

him reasonably entitled to, in going to and returning 

from the place of commencing the same. And after 

the work shall be completed, and certified to the gov-^,^ 

ernor, he shall certify to the auditor of public accounts, how paid! 

the amount to which said commissioner is entitled, who 

shall thereupon draw his warrant upon the treasurer, in 

favour of said commissioner, for the amount of his claim, 

and it shall be the duty of the treasurer, to pay the same 

out of any money in the treasury not otherwise appro- ■"^'' 

priated. One half of the necessary expenses of said 

board, and of the surveyors and labourers, shall be paid 

from the treasury of this state, out of any money not 



12 



BRIDGES. 



Auditor to otherwise appropriated; and the auditor shall draw his 
draw his war- warrant upon the treasurer, in favour of said commis' 
^^" ' sioner, when the tintie and place shall be agreed upon, 

between the president of the United States and the 
governor of this state, for the said commissioners to 
enter upon the duties imposed upon them by this act, for 
the sum of eight hundred dollars, for the purpose of de- 
fraying one half of the expenses of the board, surveyors 
General As- and labourers: and if the same shall prove insufficient, 
sembly to ([^q General Assembly to be held after the work shall 
appropiia-^ be completed, shall make such, further appropriation as 
tions if neces- they may deem just: if the appropriation aforesaid, 
^^U' shall be more than sufficient for the purposes aforesaid. 

Balance, if ^j^^ commissioner shall retain the same as a part of his 
** ^' compensation. 

[Approved^ January 2, 1 829.] 



-=//=- 



BRIDGES. 

In force, an act authorizing the building of certain bridges. 
Maf 1, 1829. 

Sec. 1. Be it enacted by the people of the state of 

Illinois represented in the General Assemhly^ That Allen 

Toll bridge Rudolph of White county, or his heirs, is hereby au- 

across the thorized to erect a toll bridge across the Little Wabash 

ba=h at^^* river, opposite the main street in the town of Carmi; 

Carmi. ^^^ shall be authorized to place a toll gate at either 

end of said bridge, and receive the toll for passing the 

same, herein allowed, for the term of thirty years, upon 

his complying with the provisions of this act. 

Sec. 2. The said Allen Rudolph, or his heirs, shall 
To be com- commence the building of said bridge, within one year, 
pleted within and shall complete the same within two years from the 
two years. passage of this act: Provided^ that it shall not be so con- 
structed, as to obstruct the navigation of said river, by 
flat boats or keel boats: Provided further, that the said 
Rudolph, or his heirs, shall, before he commences the 
Bond to be building of the bridge aforesaid, execute and deliver to 
executed. the county commissioners court of White county, a 
bond, with two or more good securities, to be approved 
of by said court, payable to the county of White, in 
such penalty as said court shall direct, conditioned, that 



BKIDGES. 



lli 



i-e will erect and build said bridge, and keep the same 
\y) repair, according to the provisions of liiis act. 

Sec. 3. The said Rudolph, or his heirs, shall at all Bridge to be 
times keep such bridge in good repair, and allow a^^P*'"'^^ 
speedj passage to all persons and their property, over^^^'^' 
it, upon the receipt of the toll: Provided^ that the de- 
struction of said bridge by fire, high water, or any other 
unavoidable accident, shall not work a forfeiture of the 
bond, but the said Rudolph shall immediately repair 
the same. 

Sec. 4. The rates of toll for passing over said bridge: Tolls allowed, 
for each four wheel carriage, with four or more horses or 
oxen, thirty-seven and a half cents ; four wheel carriages, 
with two or more horses or oxen, twenty -five cents; 
dearborn waggon or gig, by one horse, twelve and a half ' 
cents; man and horse, six and a fourth cents; cart and 
horse or oxen, twelve and a half cents; each footman, 
three cents; loose horse, ox, or cow, two cents each; 
each hog, sheep, or goat, one cent: Provided^ that every 
person crossing said bridge, shall be required to make 
change, in all cases where the toll shall amount to less 
than six and a fourth cents, or shall pay that sum. 

Sec. 5. If the said Rudolph shall neglect or refuse To comply 
to comply with the provisions of this act, within five with the pro- 
months from the passage thereof, any other person shall ^Jf^^^^^^^jJ^-^^^® 
be entitled to all the rights and benefits granted to the five months. 
said Rudolph, and subject to all the conditions imposed 
upon him. 

Sec. 6. Any perscm who will comply with the re-ADv person 
quisitions of the foregoing sections shall be authorized complying; 
to erect a toll bridge across the Skillet Fork, where ^"^^^J^. \^'^ ^^' 
the state road, leading from Vandalia to Carmi, erosses this act, may 
the same; and shall receive the same toll, have the erect a toll 
right thereof secured to him and his heirs, for the same J'"^!^^^/^'*^^^ 
time, and shall be subject to the same conditions as are Fork. 
imposed upon the said Allen Rudolph, in all respects Tolls allowed 
whatever. 

Sec. 7. The toll bridges hereby authorized to be Persons erect- 
erected, are hereby declared to be toll bridges within I/^?.^^'^^ 
the meaning of the act " to provide for the establish- ject'to condi- 
ment of ferries, toll bridges and turnpike roads," ap- tions imposed 
proved 12th Februar}-, 1827. And the persons who j,^ /^^U^'^^^ 
may erect the bridges, or either of them, shall be sub- 
ject to all of the conditions imposed upon the owners 
or occupiers of toll bridges by that act: Provided^ that Proviso, 
the rights and privileges granted by this act, shall re- 
main inviolate. This act to take effect on the first day 
<5f May next. [Approved, January 20, 1829.] 



14 



CANALS. 



iN FORCE, ji^N ACT TO PROVIDE FOR CONSTRUCTING THE ILLINOIS AND MIGKi 
JANUARY 22, 

1829. 



GAN CANAL. 



Sec. 1 . Be it enacted hy the people of the slate of 1111- 
nois^ represented in the General Assembly^ That the gover- 
nor shall biennially nominate, and, by and with the ad- 
Jhree com- yj^-g ^^^ consent of the Senate, appoint three commis- 
shail heap- sioners, whose duty it shall be to consider, devise, and 
pointed. adopt, such measures as may be required to facilitate 

and effect the communication, by means of a canal and 
locks, between the navigable waters of the Illinois river 
and lake Michigan. And in case of the death, resigna- 
Vacancies. tion, or refusal to act, during the recess of the Legisla- 
ture, of either of said commissioners, the vacancy there- 
by occasioned shall be filled by the governor. 

Sec. 2. The said commissioners shall choose one of 
President of their number to be president of the board, and shall ap- 
the board. point some suitable person, or persons, to be their secre- 
treasurer. ^^U ^"^ treasurer, who shall be allowed, and paid quar- 
ter yearly, such compensation, out of the canal fund, as 
- the said commissioners shall deem reasonable and just. 
And the president of the board shall have power to call 
MeetingSjhow ^ meeting of the commissioners, whenever, in his opin- 
called. ion, the public interest requires it; or a majority of the 

Adjourn- commissioners may request it. And the said board may 
adjourn, from time to time, to meet at any time or place 
they may deem most conducive to the public good. — 
And the said commissioners shall liave power to employ 
.^ ^. such agents, engineers, surveyors, draftsmen, and other 

neers, &c. ^ persons, as in their opinion may be necessary, to enable 
them to fulfil and discharge the duties imposed upon 
them by this act; and to pay them such compensation 
for their services as they may think them justly entitled 
to: Provided, that if the government of the United States 
furnishes an engineer, it shall be the duty of the said 
ne'er ^'^°^' commissioners to accept of his services, for the purposes 
contemplated by this act. 

Sec. 3. It shall be the duty of the said canal commis- 
sioners, before they enter upon the discharge of the du- 
Coramission- ^'^^ imposed upon them by this act, to take an oath, well 
ers shall take and faithfully to execute the duties of their office, and 
an oath, and severally to enter into bond to the people of the state of 
give on ; fHinois, to be approved by the governor, with at least 
two good and sufficient securities, in the penal sum of 
twenty thousand dollars, faithfully to account for all mo- 
neys that may come into their hand^, by virtue of their 



CANALS. 15 

office ; and they shall respectively receive as a compen- 
sation for their services, three dollars per day, for each their compen- 
day they may he necessarily engaged in discharging the *^^^^'^' 
duties imposed by this act, out of the canal fund, and the 
treasurer shall pay the same. 

Sec. 4. The treasurer, before entering upon the dis- 
charge of the duties of his office, shall take an oath, well gk'^lw"!^^ 
and faithfully to execute the duties of treasurer; and oath, and 
shall enter into bond, with two or more good and suffi- give bond ; 
cient securities, to the canal commissioners, to be ap- 
proved by them, conditioned for the faithful discharge of 
all the duties imposed on him by this act, or shall 
hereafter be imposed upon him by law, and to account 
faithfully for all sums of money and effects that may 
come to his hands, as treasurer. And it shall be the du- 
ty of the canal commissioners, whenever the money in 
the possession of the treasurer, or to be received by him, 
shall exceed the sum in which he shall have given bond, ' 
to require him to give additional bond, with additional additional se- 
security, sufficient to cover the amouiit received, or to^""'}'* 
be received, by said treasurer; and for failure to give 
such bond, or for any culpable neglect of duty, said com- Removal of 
missioners may remove him from office, and niay ap-fr^m office, 
point another in his place. 

Sec. 5. It shall be \\\q duty of the canal commission- Duty of the 

ers, as soon as practicable after the passage of this act, commission^ 

to cause those parts of the territory of this state which "'^''!^ ^.'^i^^ 
^ • route oi cne 

lie upon, or contiguous to, the probable course or range canal. 

of said canal, to be explored and examined for the pur- 
pose of fixing and determining the most eligible and 
proper route for the same; and to cause all necessary 
surveys and levels to be taken, and accurate maps, field Surveys, and 
books, and drafts thereof to be made; and as soon there- levels, maps, 
after as they maybe able to command sufficient funds, ^^* 
and deem it expedient, shall commence the work, by Work when 
opening a canal, and constructing locks, aqueducts, dams to commencec 
and embankments, to effect a navigable communication 
between lake Michigan and the Illinois rivers 

Sec. 6. The canal commissioners shall select, or 
cause to be selected, as soon as practicable, in conjunc- 
tion with such commissioner as shall be appointed by 
the commissioner of the general land office, under the 
direction of the president of the United States, the al-^j^^ 
ternate sections of land granted to this state by the pro-tions, when 
visions of an act of Congress, entitled " An act to grant •elected. 
a quantity of land to the state of Illinois, for the pur- 
pose of aiding her ii]^ opening a canal to connect the wa- 



16 



CANALS. 



ters of the Illinois river with those of lake Michigan ;'^- 
approved 2nd March, 1827, Aod if no commission er 
shall be appointed on the part of ih^. General govern- 
ment, the said commissioners, or either oftiiem, shall 
The governor P^^^^^^ ^^ make such selection; and shall, without de- 
&c. shall be lay, forward to the governor a duplicate copy of the list 
furnished containing the numbers of each section by him or th^m 
With a hst. selected, who shall forward a copy of the same to the 
commissioner of the general land office. 

Sec. 7. As soon as said land.^ shall have been select- 
ed, and a duplicate list thereof furnished as aforesaid, it 
,T shall be the duty of said commissioners to give the ne- 

sale of 'jand. <^essary public notice, and proceed to sell the same, at 
any place, either in this state or elsewhere, a? thev may 
think best,in half quarter sections, quarter or fractio al 
sections. The sale shall be conducted in the same 
manner, and the land sold upoj] the same terms a'ld con- 
ditior)s,in all respects, as the lands of th-^ Uidted States 
are now sold. Any or either of said cora^nissioners may 
superintend said sales, and the treasurer shall have tiie 
same power, and perform the same duties, in the dispo- 
sal of said lands, that are exercised by the receivers of 
public moneys of the United Slates. And it shall be 
the duty of the said superintending commissioner, or 
Certificate of commissioners, to grant to the purchaser, or purchasers, 
purchase. a certificate of purcliase, containing a description of 
the number of acres purchased, and the price for which 
the same was soli; duplicates of all which said commis- 

waniM^totl^e^^^'-^^'^'" ^^'^■^^^*^^'^^'^ forward to the auditor of 

auditor. public acc'^unts, who shall record the same. And the 

person holdi -g such certiQcate,sball,upon presenting the 

Patents. same to the governor, receive a patent for the lard de- 

scribed in the same, signed by the governor, and coun- 
tersigned by the secretary of state, with the seal of the 
state annexed thereto. The said commissioners shall 
have power to lay off such parts of said donation into 

Town lots, town lots, as they may think proper; ^nd to sell the 
same at public sale, in the same manner as is provided in 
this act for the sale of other lands. No sale shall be 

Sales to be made otherwise than for cash. No land shall be sold 

for money. ^^ private sale, until the same shall have been offered at 
public sale. 

Sec. 8. The treasurer at all times (except the times 
of public sale) shall keep an oiSce open at some point 

S^B^an^ffi*^ on the route of said canal, at which persons may entei 

^^* any of the lands included within the said donation, at 

^ne dollar ^od twenty-five cents per apre, in cash, in tbo 



CANAL!!*. 



17 



same manner in which lands may be entered in any of 

the land offices of the United States. And at all such ^ .^ . 

private sales the treasurer shall grant a certificate of purchase at 

purchase to the purchaser, containing a description of private sale 

the quantity of land, and the price for which the same 

was sold; upon presenting which to the governor, the 

party shall be entitled to receive a patent for the same, 

as above provided. It shall be the further duty of the 

treasurer to make entries ©fall sales of lands made by ^^"!^^'5"^ 

him, in a book, or books, lo be kept by him for that pur- ^^ 

pose, containing a faithful description of the quantity of 

acres, in each tract sold b^*him, and the price at which 

the same was sold, and shall mai^e monthly returns ^'o^^^Jy re- 

thereof to the auditor of public accounts. 

Sec. 9. It shall be the duty of the commissioners (a 
majority of whom may act m all cases whatever) to draw Drafts on the 
upon the treasurer in favor of all persons to whom the treasurer 
board may become indebted; and said treasurer shall pj^yj^j^^j^ 
pay out no money except upon the order of said com- thereof 
missioners, or as is herein expressly provided for; and 
he shall take receipts therefor. Duplicates of all or- 
ders shall be kept by said commissioners, and it shall be 
the duty of said commissioners, and treasurer, to furnish 
duplicates of all orders and receipts, and a complete^nd 
detailed statement of the amount of sales and receipts, 
the quantity of land sold, the prices for which the same ^^^^ detaiJed 
was sold, and of all their proceedings, to each called, statements to 
or regular, session of the General Assembly, accompa-*^^ ^^^^""^1 
nied with such plans, remarks and observations, as tiiey^ ^"^"^ ^ 
may be enabled to make, respecting the further progress 
and execution of said work. * 

Sec. iO. Saiil commissioners may sue and be sued, 
and defend inii the name of " The Board of Commission- gj.g ^aj sue 
ers of the Illinois and Michigan canal." And to enable or be sued 
said commissioners to accomplish the object herein con- . 
tentplated, it shall be lawful for them to enter, and take ove/nmate 
of, and use, any lands, waters, and streams, necessary for property 
the prosecution of the works intended by this act. 

vSec. 11. The canal contemplated by this act, shall 
iiave the following dimensions, to-wit: At least forty Dimensions of 
feet in width at the summit water line, twenty eight ieo^i ^^^ canal 
w^ide at the bottom, and of -sufficient depth to contain at 
least tour feet water. And it shall be furnished with 
such locks, acqueducls, and dam , as may be required to 
insure a safe and convenient aavigation for boats of at 

e 



18 



CENSUS. 



least seventy-five feet long, thirteen feet six inches 
Reasonable wide, and drawing three feet of water. The reasonable 
expenses, how expenses incurred by said commissioners, in carrying 
^^" the provisions of this act into effect, shall be paid out of 

the funds arising from the sales of the aforesaid lands. 

Approved^ January 22, 1 829, 



CENSUS. 



iN FORCE, 

January 13, 
1829. 



Person to be 
appointed to 
take the cen- 
sus 



What persons 
shall be enu^ 
rnerated, 

and how they 
ghall be dis' 
finguished 



AN ACT TO PROVIDE FOR THE TAKING OP THE CENSUS, OE 
ENUMERATION OF THE INHABITANTS OF THE STATE. 

Sec. 1. Be it enacted by the people of the state of 
Illinois represented in the General Assembly^ That tlie 
county commissioners' court of each county in this state, 
shall, at their June term, in the year of our Lord one 
thousand eight hundred and thirty, and at their June 
term, in every fifth year thereafter, appoint some com° 
petent person as commissioner, to take an enumeration 
of the inhabitants of such county, and also of such un- 
organized county or counties, or district of country, as 
may be attached thereto, omitting in such enumeration, 
Indians not taxed, and distinguishing free while persons 
from free persons of colour, and the French negroes 
and mulattoes held ie bondage, from such as are inden^' 
tured or registered, or born of indentured or registered 
parents", and also distinguishing the sexes in each of said 
classes, in separate and distinct columns; and also, by 
dividing the free white population, and setting down in 
separate and distinct columns, according to the form 
herein prescribed, such as are of ten years of age ^vA 
under; over ten, and not exceeding twenty years; over 
twenty, and not exceeding thirty years; over thirty, and 
not exceeding forty years; over forty, and not exceed- 
ing fifty years; over fifty, and not exceeding sixty years.;, 
over sixty, and not exceeding seventy years; over seven- 
ty, and not exceeding eighty years; over eighty, and not 
exceeding ninety years, and all such as are exceediiig 
ninety years; and also distinguishing, in a separate 
column, such free male white pei'sons, between the ages 
pf eighteen and forty-five years, as shall be subject to 
militia duty, either as officers or militia men. And it. 
'^^•all be the further duty of the commissioners, to be ap*:. 



CENSUSi 



19 



Pointed as aforesaid, to ascertain, and set down with the 
enumeration as aforesaid, the number and description 
of all manufactories, mills, machines and distilleries, Manufacto- 
within their respective counties, and the counties and "^^ ^^^ "^'^^^ 
districts of country thereto attached, as aforesaid, spe- 
cifying the different kinds thereof. And the said enu- 
meration shall be made by an actual enquiry at each Enumeration 
dwelling house, of from the head of each family, when to be made bj 

the same can be conveniently done, or otherwise, from ^^!^"^ ^"" 

J ' ' Quiry 

the best information that can be obtained, where there 
shall be no fixed place of residence, or the head of such 
family, or other person to be included in such enumera- 
tion, shall be absent from the county or state. 

Sec. 2. The enumeration shall commence on the when to com- 
first Monday in September, in the year of our Lord one mence 
thousand eight hundred and thirty, and on the first Mon- 
day in September, every fifth year thereafter, and shall 
close within three calender months thereafter. And 
each person or commissioner so appointed, before he 
enters upon the duties required to be per/brmed by this 
act, shall take an oath (or affirmation) before some judge, oath of corn- 
er justice of the peace of the county, as follows: " I, Amisaioner 
B, do solemnl}' swear (or affirm) that I will make a just 
and perfect enumeration and description of all persons ^ 
resident within the county of and state of Illi- 

nois, (and the county or counties, or district of country 
thereto attached, if any) and perform all other duties 
required of me, by the act entitled " an act to provide 
for the taking of the census, or enumeration of the in- 
habitants of the state of Illinois," according to the best 
of my knowledge and abilities: so help me God." 

Sec, 3. The several commissioners appointed under 
this act, from time to time, shall, on or before the first Returns, 
Monday in December next, after such enumeration shall when to be 
be taken, transmit to the clerk of the circuit court of "^^^^ 
the proper county, and to the office of the secretary of 
state, accurate returns of all such inhabitants as afore- 
said, and of all such manufactories, mills, machines and 
distilleries, as aforesaid, and shall also make out and 
transmit to the adjutant general of this state, a certified 
statement of the number cf all persons subject to militia 
duty as aforesaid; which returns, with the exception of 
that to be made to the adjutant general, shall be made 
and certified according to the following form, to wit: Form thereof 
*' I, A B, commissioner for taking the census, or enume- 
ration of the inhabitants of the county of (and the 

attached parts thereof, if any) do hereby certify, that 



50 



CENSUS. 



the schedule hereto annexed, contains an accurate statement of tfu- 

whole number of persons resident in the said county of 

(and the attached parts thereof, (if any) together with the number 
and kinds of manufactories, mills, machines and distilleries (if any) 
therein, so far as 1 have been able to ascertain the same. Witness 
mj hand, this day of A, D. 1 8 — 

A B, Commissioner." 

Census, or emmieraUon of the inhabitants of the county of (and the at- 
tached parts thereof if any") for ttie year of our Lord one thousand eight hundred and 



Of ten years, and under. 



Ov^er ten, and not exceeding twenty years. 



Over twenty and not exceeding thirty years. 



Over thirty, and not exceeding forty years. 



Over forty, and not exceeding fifty years. 



Over fifty and not exceeding sixty years. 



Over sixty, and not exceeding seventy years. 



Over seventy, and not exceeding eighty years. 



Over eighty, and not exceeding ninety years. 



Over ninety years. 



1st class 



2d class 



jj 3d class 



l|-4th class 



||5th class 
i|6th class 



||7th class 



jj8t,h class 



j|9th class 



IJlOth class 



^ 






Of ten years, and under. 



Over ten, and not exceeding twenty years. 



Over twenty, and not exceeding thirty years. 
Over thirty, and not exceeding forty years. 
Over forty, and not exceeding fif^y years. 



Over fifty, and not exceeding sixty years. 
Over sixty, and not exceeding seventy years. 
Over seventy, and not exceeding eighty years. 
Over eighty, and not exceeding ninety years. 
Over ninety years. 



Free male persons of colour, of all ages. 



Free female persons of colour, of all ages. 
Indentured or registered servants, and their children. 



French negroes and mulattoes, held in bondage. 



Grand Totai.. 



Ijllth class 



I2th class 



|l3th class 



||l4th class 



1 1 5th clasi 



16th cla?s 



II 17th class 



18th clas, 



1 1 9th class 
j'20th class 



121 St class 



|22d class 
|23d class 
||24th class 



g 


^^ 


n 


n 




y^ 


ps 


-J 


<-► 


o 


<-»■ 


o 


o 


CO 


fD 


P5 




S 







II Total.! 



Persons over 18, and under 45 years of age, subject to militia duty. ||militia 



Manufactories, Mills, Machines and Distilleries, 



manu- 

facto- I 
I'rifis&Q-; 



CENSUS. 



M 



Bec. 4. It shall be the duty of each commissioner, 
when taking any enumeration, as aforesaid, to set down 
the number of all persons, under each appropriate head, 
or description, according to the foregoing classitication ; Militiamen, 
including, also, each person subject to miUtia dut}', as ^°^ *^ ^'^ 
aforesaid, under classes numbered two, three, four and 
five, according to their several ages, and likewise in one 
separate column, as aforesaid, and to sum up at the foot 
of each column the whole number of persons therein set 
down, and afterwards the whole number included in the 
classes numbered from one to twenty-four, and extend 
the aggregate at the foot of a separate column, as the 
grand total thereof. Aggregates 

Sec. 5. Each commissioner failing or neglecting to Negliqience of 
make proper returns, as aforesaid, or making a false re- commissioner 
turn of the enumeration to the clerk of the Circuit Court , 

of the county, to the secretary of state, and adjutant gen- 
eral, within the time limited by this act, shall forfeit the 
sum of three hundred dollars, recoverable in the Circuit How punisb- 
Court of the county where such offence shall hav« been ^'^ 
committed, by action of debt, information, or indictment, 
the one half thereof to the use of the informer, and the 
other half to the county. And for the more effectual 
discovery of said offences, the judges of the several Cir- 
cuit Courts, in this state, at their next term to be held 
after the expiration of the time allowed for making the 
returns of the enumeration hereby directed, shall giveThisact to be 
this act in charge to the grand juries in their respective ^J^'®" ^" 
counties, and shall cause the returns of the commissioner .rrandlury 
to be laid before them, for their inspection. 

Sec. 6. Each person, whose usual place of abode 
«hall be in any family, on tKe said first Monday in Sep- Ji";;ft^jfj;r' 
tember, in the year of our Lord one thousand eight hun- commissioner 
drcd and thiity, and on the fi.rst Monday in September 
everj? fifth year thereafter, shall be returned with the 
members of such family; and the name of every person 
who shall be an inhabitant of any county, or the at- 
tached part thereof, without any fixed place of resi- 
dence, shall be inserted in the county in which he, or 
she, shall be on the said first Monday of September; and 
every resident person, who shall be absent from the 
county, or state, at the time of taking any such enume- 
ration, shall be set down as belonging to the place where 
he, or she, usually resides in this state. 

Sec. 7. Each free person, over the age of sixteen 
years, whether heads of families, or not, belonging to 
any family, within any county, made or established in 



^>-> 



CENSUS. 



Recovery 
thereof 



Compensa- 
tion to corn 
missiouer 



Person bound ^j^^g gt^te, shall be and hereby is obliged to render to the 
facts to com- commissioner, appointed in said county, if required, a 
missiouer true account, to the best of his or her knowledge, of 
every person belonging to such family, respectively, ac- 
Penalt5'for cording to the several descriptions aforesaid, on pain of 
nut doing so forfeiting twenty dollars, to be sued for and recovered, 
by action of debt, by such commissioner, for the use of 
the proper county: Provided^ that in all cases where 
any such fine shall be assessed against any minor, or mi- 
nors, the same shall be paid by his, her, or their parent 
or guardian; and in case of his or her refusal to pay 
the same, an attachment may be issued to enforce the 
payment thereof. 

Sec. 8. Each of said commissioners shall receive at 
the rate of two dollars for every hundred persons re- 
turned, for the first two thousand; at the rate of one 
dollar and seventy-five cents for each hundred persons 
returned, over two, and not exceeding three thousand; 
at the rate of one dollar and fifty cents for the fourth 
thousand ; at the rate of one dollar and twenty-five cents 
"^or the fifth thousand; and at the rate of one dollar for 
each hundred, over and above five thousand; to be paid 
out of the state treasury, out of any monies not other- 
wise appropriated. 
i)uty of the Sec. 9. The secretary of state shall receive and 
secretary ot ^|g g^^^i^ returns in his office, and return the same to the 
jutan't gene- speaker of the House of Representatives, on or before 
ral the second day of the next session after such enumera- 

tion is made; and the adjutant general shall file the re- 
turns to be made to him of the number of persons sub- 
ject to militia duty, as aforesaid, in his oftice; and shall 
immediately thereafter make out a statement of the 
whole number of such persons, and report the same to 
the secretary of the war department of the United 
States. This act to take effect from and after its 



passage. 



Approved^ January 13, 1829*- 



23 



CONVEYANCES. 

an act at7th0rizing courts of chancery to decree convey- ^'^ force, 

December 
ances in certain cases. 27 1824. 

Sec. 1. Be it enacted by the people of the state of 
Iltinois represented m the General Assembly^ That where 
any person or persons, who have heretofore entered, or 
may hereafter enter, into any contract, bond, or nncnno- 
randum, in writing, to make a deed or title to land in 
this state, for a valuable consideration, and shall depart 
this life, or have died heretofore, without having execu- 
ted and delivered said deed, it shall and may be lawful 
for any Court having chancery jurisdiction, in the pro- 
per circuit in which such case shall arise, to make de- 
cree compelling the executors or administrators of such 
deceased person to execute and deliver such deed to the 
party hazing such equitable right, as aforesaid, to the 
same, or his heirs, according to the true intent and mean- 
ing of said contract, bond, or memorandum, of the de- 
ceased; and all such deeds shall be good and valid in 
law. 

Sec. 2. That it shall not be lawful for any Court to 
make such decree as aforesaid, except upon the petition 
in writing of the person entitled to the benefit of the 
same, or his heirs, setting torth the said contract, bond, 
or memorandum, in writing, and fully describing the 
lands to be conveyed ; nor until the person or persons so 
applying for such title, shall have given reasonable no- 
tice of the time and place of such application, to the ex- 
ecutors, administrators, and heirs, of such person so de- 
ceased as aforesaid, and shall have fully paid, discharg- 
ed, and fulfilled, the consideration of such contract, 
bond, or memorandum, in writing, according to the true 
intent, tenor, and effect thereof. 

Sec. 3. That in all cases where any minor heirs shall 
be interested in suchproceeding,as aforesaid, reasonable 
notice of such application shall be given to the guardian 
or guardians of such minors; and if there shall be no 
guardian, then the said court shall appoint a guardian 
or guardians, to litigate an^act in such case. 

Sec, 4. That the executors, administrators, or heirs, 
of any deceased person or persons, who shall have made 
such contract, bond, or memorandum, in writing, as 
aforesaid, in his or her life time, for the conveyance of 
•land, for a valuable consideration, when such considera- 
tion has been paid and fulfilled as aforesaid, may^ upon 



*24 CONVEYANCES. 

application in writing, obtain such decree as aforesaid, 
upon giving notice to tlie party to whom such deed is in- 
tended to be made, and under tlie same conditions as is 
provided in this act. 

Sec. 5. That in all cases where application shall be 
made as aforesaid, the Court shall have power to contin- 
ue the same from term to term, to obtain such evidence 
as the nature of the case shall require; and no decree 
for the conveyance of land, upon application as afore- 
said, shall be made, unless the said Courts shall be satis- 
fied that decree can be made without injustice to any 
heir or creditorof the deceased, and that the sameisjust 
and equitable. 

Sec. 6. That a complete record of such petition and 
proceedings thereon shall be made, and the Court shall 
decree payment of costs as shall appear right and equi- 
table. 

This act to take effect and be in force from and after 
the passage thereof. 

[Approved. December 27, 1824.] 



--^sCF^ 



iN FORCE. 

> Lt an act to A^IE^•D the act concerning thk conveyance of 

JANUARY ZZ^ 

1829. REAL PROPERTY, APPROVED, JANUARY 31, 1827, 

AND FOR OTHER PURPOSES. 

Sec. 1. Be it enacted by the people of the state of Illi- 
Before whom ^gig represented in the General Assembly. That all deeds 
deeds may be ' -'^ r i j i • -^n • i.u- t. j. 

acknowleds;- ^^^ conveyances, ot lands lymg within this state, may 

ed " be acknowledged or proved before either of the follow- 

ing named officers, to-wit: any judge or justice of the 
Supreme or District Court of the United States; any 
commissioner to take acknowledgments of deeds; any 
judge or justice of the Supreme, Superior, or Circuit 
Court, of any of the United States, or their territories; 
any clerk of a Court of Record; mayor of a city; or 
justicesofthe 'notary public: but when such proof or acknowledgment 
peace to be is made before a clerk, mayor, or notary public, it shall 
certified as j^^ certified by such officer, under his seal of office. — 
Such proofs and acknowledgments may also be mad 'be- 
Livinj^ out of fore any justice of the peace; but if such justice of the 
tiie state peace resides out of this state, there shall he added to 
the deed a certificate of the proper clerk, setting forth 



CONVEYANCER. '^^ 

that the person before whom such proof or acknowledg- 
ment was made, was a justice of the peace at the time 
of making the same, [f such justice of the peace re- 
side within this state, the certificate of the clerk of the^^ithin the 
county commissioner's Court, of the proper countj^, un-^*^^^® 
der his seal of office, that the person taking such proof, 
or acknowledgment, was a justice ol the peace at the 
time of taking the same, shall be deemed sufficient evi- 
dence of that fact. If such justice reside within the ^'^'"^j"^^*^ 

c C- II n t V 
couaty, where the lands conveyed are situate, no such 

certificate shall be required. All deeds and conveyan- 
ces which have been, or may be, acknowledged or pro- 
ved in the manner prescribed in this section, shall be 
deemed as good and valid in law, as if the same had 
been acknowledged or proved in the manner prescribed 
in the ninth section of the act to which this is an amend- 
ment. 

Sec. 2. Any conveyance, or assignment, of certifi- Assignment ai 
cates of the purchase of land sold for taxes by the au- auditor's cer- 
ditor of public accounts, may be acknowledged before ^'^^^^^^^^ 
said auditor, and such acknowledgment shall be deemed 
good and valid. 

Sec. 3. All residents of this state who shall have 
acquired, or may hereafter acquire, title to any lands in ?'^^V^*^"*^' , 

t- ' '' T ' •' ueGQS ni3V DC 

this state, which lands are not situate in the county, or recorded in 
counties, in which he, she, or they, may reside, may re- the state re- 
cord the same in the state recorder's office, and such re- ^°''^*''^'^ **^^^ 
cord shall be as valid as though the saipe were recorded 
in the county, or counties, where the lands, conveyed 
^thereby, are situated. The sixth section of the "act es- 
tablishing a recorder's office, for the state," is hereby 
repealed. 

Sec. 4. All deeds and convej^ances of land lying 
within this state, which may be executed in this state, af- Deeds to he 
ter the fi.rst day of June next, shall be recorded within '^^P?^*^^^*^. 
six months after the execution of such deeds and convey- nionths or 
ances, respectively; and if not recorded within that be void as 
time, they shall be adiudered void as against any gubse-^S^inst subse^ 
i.u r c ii_i-j quenlpurcha- 

quent purchaser, or mortgagee, lor valuable considera-gcj-g ^ 

tioD, unless such deed or conveyance shall be recorded 
before the recording of the deed or conveyance under 
which such subsequent purchaser, or mortgagee, shall 
claim. 

This act to be in iorce, from and after its passage. 

\ Approved^ January 22, 1 829.] 



fl 



In force, 

January 17, 

J 829. 



Boundaries 



Name 



Commission- 
ers appointed 
to locate the 
seat of justice 

Their oath 



Where to 

meet 

and how to 

proceed 



Donation 



26 

COUNTIES. 

AN ACT CREATIN6 THE COUNTY OF MAC0UP11S[. 

Sec. 1. Be it enacted hy the people of the state of 
Illinois^ represented in the general assembly^ That all that 
tract of country within the boundaries, to-wit: begin- 
ning at the south west corner of township sevenf north 
of range nine, west of the third principal meridian; — 
thence east, on the line dividing townships six and seven^ 
to the south west corner of Montgomery county ; thence 
due north to the southern boundary of Sangamon coun- 
ty; thence west on the southern boundary line of 
Sangamon and Morgan counties, to the range line di- 
viding ranges nine and ten; thence south on said range 
line to the place of beginning; shall form and consti- 
tute a county, to be called Macoupin. 

Sec. 2. For the purpose of fixing the permanent 
seat of justice of said county, the following persons are 
appointed commiesioners, to-wit: Seth Hodges, Joseph 
Borough, John Harris, Shad^^ach Riddick, and Epbraim 
Powers, who, or a majority of them, being first sworn 
before some justice of the peace, of this state, faithfully 
to take into consideration the convenience of the peo- 
ple, with an eye to the future population, and eligibility 
of the place, shall meet at the house of Joseph Borough, 
in said county of Macoupin, on the third Monday of 
March next, or within six days thereafter, and proceed 
to examine and determine on a place for the permanent 
seat of justice of said county: Provided the commis- 
sioners aforesaid shall locate the seat of justice on pub- 
lic land, they shall designate the same, and certify to the 
county commissioners of said county, as soon as the3^ 
shall be qualified to office^ the half quarter or quartej- 
section of land so selected for said county seat; and it 
shall be the dut) 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 situated, and they shall immediately thereafter 
lay off the same, or any part thereof, into town lots, and 
sell the same on such terms and conditions as may be 
most advantageous to the interest of said county; and 
the proceeds of the sales shall be appropriated to the 
erection of a sufiicient courthouse and jail. But if the 
said commissioners, appointed to locate said seat of jus- 
tice, should locate the same on the lands of any person, 
or persons, and such proprietor, or proprietors, should 



COUNTIIS. 

refuse of neglect to give to the county, for the purpose 
of erecting public buildings for the use of said county, 
a quantity of land not less than twenty acres, situated 
and lying in a square form, to be selected by said com- 
inissioners, then, and in that case, the said commissioners 
shall proceed to select some other situation, as conven- 
ient as may be to the place first selected: Provided,, the 
owner, or owners, of the land, shall make a donation of 
the like quantity, and for the purposes abovementioned. 
And the said commissioners, after having made such lo- 
cation, shall designate the same, and certify as afore- 
said, to the next county commissioner's court, to be held 
in and for said county; and it shall be the duty of said 
county commissioners to demand find receive a title in 
fee simple, for the use of said county, for the donation of 
land as above stated, and to lay out the same into town 
lots, and sell the same, and appropriate the proceeds Town laid oft 
thereof as before mentioned ; which place, when so fixed 
upon, shall be the permanent scat of justice of said 
county: all of which proceedings shall be entered of 
reco^'d on the books of the county Court. 

Sec. 3. Until public buildings shall be erected for 
the purpose, the courts shall beheld at the house of Court?, -vvhsre 
Joseph Borough, in said county, or at such other place ^^^^^ 
as the county commissioners may appoint. 

Sec. 4. An election shall be held at the house of 
Joseph Borough, in said county, on the second ]\jor;day Elections, 
of April next, for one sheriff, one coroner, and three 
county commissioners, for said county, who shall hold 
their ofiices 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 regulating elections: Provided^ that the qual- 
ified, voters present may select from among themselves, 
three qualified voters to ac' 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 Cir- 
cuit Court of said county, to give notice, in writing, at Notice therer 
least ten days previous to said election, to be held on the of 
second Monday of April next, and in case there shall be 
no clerk in said county, it shall be the duty of any jus- 
tice of the peace, residing in said county, and commis- 
sioned a justice of the peace for the county of Greene, 
to give notice of the time and place of holding said 
election. 

Sec 6. The citizens of the said ccunty of Macoupin Privileges ef 
,are entitled, in all respects, to the same rights and privi- citizens 



1^8 



COUNTIES. 



Compensa- 
tion t i com 

011831006/5 



legos as are allowed to other citizens of other counties 
of this state. 

Sec. 7. The commissioners appointed to locate the 
seat o"f justice of said county, shall receive 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 paid out of the county treasury of said coun- 
ty; and the said commissioners shall give to the said seat 
of justice some appropriate name. 

Sec. 8. The inhabitants of said county shall vote in 
clHsse(f\o °^ ^^^ elections, for memhers of the General Assembly, in 
vote the same manner as they v^ere authorized to do, before 

the passage of this act. 

[Approved. January 17, 1829.j 



In force 

Jax\(jar.y 19, 
1829. 



AN ACT TO ESTABLISH A KEV/ COUNTY TO BE CALLED TH£; 
COUNTY OF MACON. 



Boundarie 



j>- 



Sec. 1. Be it enacted hy 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: beginning at the south-west corner of section 
numbered eighteen, in township numbered fourteen 
north, of range numbered one east, of the third princi- 
pal meridian; thence due north with the said third prin- 
cipal meridian line to the north-west corner of township 
numbered twenty north, of range numbered one east; 
thence due east with the line between towiiships num- 
bered twenty and twenty-one nortii, to the nortii-east 
corner of township numbered twenty north, of range 
numbered six east; thence due south with the line be- 
tween ranges numbered six and seven east, to the south- 
east corner of section numbered thirteen, in tovvnship 
: numbered fourteen north, of range numbered six eac>t; 
and from thence due west, along through the middle of 
townships numbered fourteen north, to the place of he- 
Name of the ginning, shall constitute a county, to be c died the county 
county seat of Ma'^ou ; and the seat of justice therein, when located, 
shall be called the town of Decatur. 

Sec. 2. For the purpose of locating the seat of jus- 
tice of the said county of Macon, the foilovving named 
pf»rso'iS are appoi .ted c.>m:a'ii«ioners, to wit: John 
F'ern'o^j", Je-;3e Rh dcs < rt] Easton 'Vi i;ton, whose 
duty it snail bt^ to . ^ -. 'Yard, ia 



Com'rsto lo- 
cate 'he seat 
of justice 



COUNTIES. 



29 



said county, on the first Monday in the month of April 
next, or within ten days thereafter, and after being duly 
sworn, before sonie jusUce of the peace of this state, 
faithfully and impartially to discharge the duties im- 
posed upon them by this act, shall proceed to determine 
upon a place for the location of the said seat of justice, 
having due regard to the situation of the settlements, 
the convenience of the people, and the future population 
of said county. 

Sec. 3. The said commissioners are hereby author- 
ized, to locate the said seat of justice on the land of any Donation ffe 
person or persons, who may be the fee simple owners 'l"*'"^'^ 
ihereof, if the proprietor or proprietors of such land 
ohall donate and convey, with covenants of general war- 
ranty, to the county commissioners, for the use of said 
county, a quantity of laud not less than twenty acres, in 
a square or oblong form, upon which to erect the public 
buildings; or otherwise, tiie said commissioners may, in 
their discretion, locate the said seat of justice on any of 
the public lands in said county, as may seem to be most 
advantageous to the future interests of said county. 

Sec. 4, As soon as said service shall be performed, Report of 

the said commissioners sliall make a report of their pro- com'rs 

ceediiigs, under their proper hands and seals, to the 

first county commissioner's court, to be held in and for 

said county, designating particularly the place selected, 

and a description of the same. And if a situation on If located on 

the public lands shall be preferred, after <xamination,P"^^^'^ ^■'"^'■'» 

/ . , ., . If. .' , ,. /-I J the samp ui ay 

as aforesaid, the nali quarter or quarter section ot i^nd i^g ^y^j^g^gefl 

upon which the same may be lot ated, shall be stated in 
SHid report, and in that event, it shall be the duty of the 
said county commissioners, as soon thereafter as they 
may be enabled, to enter and purchase the same, at the 
pioper land office, in their respective names, as couply 
commissioners, for the use of the county of Macon; all 
of which said proceedings, the county commissioner's 
court shall cause to be entered at large on their books 
of record. 

Sec. 5. As soon as a suitable site shall have been 
selected for the seat of justice, and a report made there- 
of, as aforesaid, it shall be the duty of the county com- 
missioners to cause such donation, or tract of land, (if 
public land should be selected) or so much thereof as -p own shaii j 
they may deem advisable, to be laid ofiT into lots, and be laid off 
sol 1 upon such terms and conditions as may be consider- Sale of lots 
ed most advantageous to the interests of the county, and 
the proceeds of such sales shall be applied, to the erec- 



30 



COUNTIES. 



And proceeds tioii of a court house and jail, and such other pubhc 
thereof, how works as may be necessary for the use of said county, 
^^^ ^^ And as often as any lots shall he sold as aforesaid, it shall 

be the further duty of said county commissioners, to 
make conveyances for the same to the purchasers there- 
Deeds to be of, in their own names, as commissioners for and on be- 
«^^^^ half of said county. 

Sec. 6. Until public buildings shall be erected for 
Courts, where the purpose, the courts shall be held at the house of 
^^^^ James Ward, in said county. 

Elections ^^^* ^' ^" election shall be held at the house of 

James Ward, on ^he second Monday of April next, for 
one sheriff, one coroner and three county commissioners, 
for said county, who shall hold their offices, respectively, 
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 
regulating elections: Provided^ that the qualified voters 
present, may elect from among their number, three qual- 
ified voters to act as judges of said election, who shall 
appoint two qualified voters to act as clerks, 
l-i'otice thereof Sec. 8. \t shall be the duty of the clerk of the circuit 
court, who may be appointed for said county, to give pub- 
lic notice, at least fifteen days previous to said election, 
of the time and place when and where the same will be 
held, ai;d the officers to be elected thereat, and in case 
there shall be no clerk, it shall be the duty of the recor- . 
der, or any justice of the peace residing within the limits 
of said county, to give notice of the time and place of 
holding the same, as aforesaid. 
Compensa- ^EC. 9. The commissioners appointed to locate the 

fion to com'rs seat of justice, as aforesaid, shall receive the sum of one 
dollar and fifty cents per day, for each day by them ne- 
cessarily consumed, in discharging the duties imposed 
on them by this act, to be allowed by the county com- 
missioners' court, and paid out of the treasury of said 
county. 

Sec. 10. Until the next apportionment for members 
Mow classed <^^ ^^^^ General Assembly shall be made, said county 
with other of Macon shall vote with the counties of Fayeite, Bond, 
countless to Montgomerj^, Shelby and Tazewell; and the clerk 
of said county of Macon shall meet the clerks of the 
said counties of Bond, Montgomery, Shelby and Taze- 
well, at Vandalia, the seat of justice of Fayette coup.ty, 
to compare the number of votes given for senator and 
.representatives to the General Assembly, and sign the 
necessary certificates of election, at Vandalia, and de- 
Jlvet the same to the person or persons entitled thereto. 



COUNTIES. 



31 



Sec. 11. The said county of Macon shall be, and ^^^^^j^^^ ^^ 
U hereby attached to the first judicial circuit. the first cii- 

This act to take effect from and after its passage. cuit 

[Approved^ January 19, 1829.] 



-oG^'^ 



AN ACT MAKING PROVISION FOR RUNNING THE LINE BETWEEN ^^ FORCE 
RANDOLPH AND MONROE COUNTIES; AND AUTHORIZING JANUARY, 20, 

COUNTY COMMISSIONERS TO DIRECT THE RUNNING ^ 1829. 

AND MARKING OF ANY COUNTY LINES WITHIN 
THIS STATE. 

Sec. 1, Be it enacted hy the people of the state ^CountYsur- 
Illinois^ represented in the Gerieral Assembly^ That the veyors of 
county surveyors of Randolph and Monroe counties, be, Randolph 
and they are hereby, required to run and nnark the line f Monroe 
between said counties, beginning at the south east cor- line between 
ner of township four south, nine west, and thence south said counties , 
westwardly to the Mississippi, so as to include Alexander 
Mc'Nab's farm, in Monroe county. 

Sec. 2. The said surveyors, as soon as convenient, 
shall run and mark said line, and make out two fair plats Plats to bete- 
thereof, vith field notes, and return one of each to the ^°™^^ 
respective county commissioners^ courts of said counties; 
and it shall be the duty of the said courts to cause the 
same to be entered on the records of said courts, and 
also to pay to their respective surveyors a reasonable P°"^P®"^^" 
compensation for their services, out of the county treas- veyors 
ury. 

Sec. 3. The said commissioners are hereby authori- Authorized to 
zed to employ chain carriers, and whatever assistants employ chain 
are necessary, in running said line between said coun- ^^'^"^'^^' " 
ties; and the expense thereof shall be borne, equally, 
by said counties of Randolph and Monroe, and paid as 
aforesaid. 

Sec. 4. The county commissioners of any county (-.^y^j ^^^^ 
within this state, whenever they may deem it necessary missioners 
to run and mark any county line, are hereby authorized ™^y clirect 
to direct the same to be run by the county surveyor oftobemn"^^ 
said county, in conjunction with the county surveyor of when necess€r» 
the adjoining county, whose duty it shall be to assist in rj 
running said line, upon receiving notice that the same is 



32 



COUNTIES. 



directeS to be run. And the said surveyors may em 
ploy chain carriers, and such other assistaits as may be 
necessary, and the expcnsf s thereof shall be paid, equal- 
Surveyors' re- ly, by the respective counties interested. The report of 
port to be re- ^}^g surveyors shall be made and recorded in the same 
manner as is provided in the second section oi' this act. 

[Approved, January 20, 1 829.] 



-r^J^F^ 



AN ACT DEFINING THE SOUTHERN BOUNDARY LINES OF WAYNE AND 
T X FORCE 
1 ^ CIO loio EDWARDS COUNTIES, AND ESTABLISHTISG THE BOUNDAP.Y 

J A,N» M^ i<iZ'J. ^ 

LIKES OF TAZEWELL COUNTY. 

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

Illinois, represented in the General Assembly, That the 

Southern following shall be the southern boundary of the counties 

Wavne'^and ^^ Wayne and Edwards: Beginning at the south west 

Edwards corner of section eighteen, township three south, range 

counties es- five east^ and running thence east along the middle line 

ta ished ^^ township three, to the south east corner of section 

thirteen, township three south, range nine east, for the 

county of Wayne; and from thence east along said line 

to the Bonpas creek, or the Wabash river, as the case 

may be, for the county of Edwards. 

Sec. 2, The following shall be the boundary of the 

county of Tazewell, to-wit: Beginning at the north east 

Boundary corner of township twenty, north of the base line, and 

lines of raz3-||^^^g g,^g^ ^f ^^^ third principal meridian line: thence 

WCJl COUDiV — . 

north with said range line, to the north line of township 
twenty-eight north; thence west to the middle of the 
Illinois river; thence down said river to the north line of 
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. 

[Approved, January 22, 1829.1 



1819. 



33 



COURTS. 

Tn force, 

A^ ACT ESTABLISHING THE COURTS OF COUiNTY COMMISSIONERS, •yj^j^^.jj 2» 

Sec. 1. Be it enacted hy the people of the state of Illi' 
7101S, represented in the General Assembly^ That there shall 
be established in each county of this state, a court of 
record, to be constituted of, and composed by, the coun- 
ty connmissioners elected of the counties respectively, 
any two of whonn shall constitute a quorum to do bu- 
siness. 

Sec. 2. That there shall be four sessions of said 
court in each county, to be held in the court-house, or 
place of holding courts in each county, in each and 
€veryyear; and said court shall have power to appoint 
a clerk to said courts; and at any time, for any cause io 
be stated on the record, to remove the said clerk from 
office. 

Sec. 3. That the said Court shall have jurisdiction 
throughout the county, whereof the said county com- 
missioners may be elected. 

Sec. 4. That said Court in each county, shall have 
jurisdiction in all matters and things concerning the 
county revenue, and regulating and imposing the county 
tax, arid shall have power to grant license for ferries and 
for taverns, and all other licenses and things that may 
bring in a county revenue; and shall have jurisdiction in 
Txll cases of public roads, canals, turnpike roads, and toll 
bridges, where the law does not prohibit the said juris- 
diction of said courts; and shall have power and juris- 
diction to issue all kinds of writs, warrants, process, and 
proceedings, by the clerk throughout the state, to the 
necessary execution of the power and jurisdiction with 
which this Court is or may be vested by law. 

Sec. 5. That the said Court of each county shall 
have a judicial seal, and all warrants, writs, process, and 
proceedings, to be issued by said Court, shall be sealed 
with said seal, bearing date the time they issue, and be 
signed by the clerk of said Court. 

Sec 6. That each clerk so appointed by said Court, 
shall keep his office at the place of holding court for 
each county respectively-, and each and €very clerk be- 
fore he enters on the duties of his office, shall take an 
oath to support the constitution of the United States, 
and of this state, and the oath of office, in open court, 
and enter the same on record, and give a bond with good 
securities, to the county commissioners, for the use of 



34 COURTS. 

any person or persons injured, or for the use of the coun- 
ty if injured, in the penal sum of one thousand dollars, 
conditioned for the faithful performance of the duties of 
his office. 

Sec. 7. That in each and every county of this state, 
and in each and every county that may hereafter be 
made, the said Court of county commissioners shall com- 
mence and begin on the first Mondays of March, June, 
September, and December, in each and every year, and 
continue for six days, unless the business be sooner done, 
when said Court may rise : and should a quorum of coun- 
ty commissioners not meet at any stated meeting: of the 
said Court, then the said Court shall be considered to be 
continued by law from day to day; if necessary, until 
four of the clock in the afternoon of the second day, and 
then if a quorum be not present for said Court, and bu- 
siness therein to stand continued to the next Court in 
couc^. 

Sec. 8. That should it be necessary to have a called 
court on any urgent business, then any one of the county 
commissioners shall have power to call said court, on giv- 
ing the other two commissioners five days previous no- 
tice, and the clerk, before said special term of said 
court. Said special court shall have the same power 
and authority, as when holding a stated court. 

Sec. 9. That there shall be nothing contained or 
construed in this act, to give the said court any original 
or appellate jurisdiction in civil or criminal suits or ac- 
tions,wherein the state is party, or any individual or in- 
dividuals, bodies politic, or corporate, are parties; but 
said court shall have jurisdiction in all cnses where the 
matter or thing brought before the said court, relates to . 
the public concerns of the county, collectively, and all 
county business: and the said court shall have power to 
punish for contempts as other courts may do, and have 
all the power necessary to the right exercise of the ju- 
risdiction with which said court is or may be vested ac- 
cording to law; and the clerks of said courts respective- 
* )y, shall have the same fees, emoluments, and perquisites 
of office, as are given.to the other clerks of courts of this 
state by law, for the like services, or as may be given 
therein by law. 

Sec. 11. That the said court shall be called and 
styled "The County Commissioners' Court," of the 
county respectively, and the process shall be "in the 
name of the people of the state of Illinois," as in case of 
other process, and bear test in the name of the clerks 
respectively. 



COURTS. 35 

Sec. 1 2. That the said court of each county respec- 
tively, shall have power and jurisdiction to compel and 
enforce by writ or writs of attachment, or other process, 
the orders, decrees or judgments of said courts respec- 
tively, on all those named therein, and bear test in the 
name of the clerks respectively. 

This act to be in force from its passage. 

[Approved, March 22, 1 8 1 9. J 



A\ ACT REQUIRING THE SEVERAL, CLERKS OF THIS STATE TO jj^ FORCE 

KEEP THEIR RESPECTIVE OFFICES AT THE COUNTY SEAT. j^jj^ {] 1823. 

Sec. 1. Be it enacted hy the people of the slate of Illi- 
nois^ represented in the General Assembly^ That the seve- 
ral clerks of the different courts of this state shall be ^ 
compelled, and they are hereby required, to keep their 
respective offices at the county seat of their respective 
counties, and not more than one quarter of a mile from 
the house of holding said courts; and a failure to com- 
ply with the requisitions of this act, shall vacate said 
clerkship, when it shall be the duty of the court to fill 
such vacancy. 

[Approved, January \\,\^'2'i,^ 



' ' ^^^^ ^F^ 



AN ACT PROVIDING FOR THE JUST COMPENSATION OF THE ^j^ FORCE 

SHERIFF OF FAYETTE COUNTY FOR ATTENDING ON THE JAN. 23 1826. 

SUPREME COURT OF THE STATE OF ILLINOIS. * ' 

Sec. 1 . Be it enacted hy the people of the state of Illinois 
represented in the General Assembly, That the auditor of 
public accounts shall settle, upon just and equitable Auditor to set- 
principles, the account of the sheriff of Fayette county, fjf ^^^^^ ^'^^^^ 
for any firewood or candles which he may have pur- 
chased, or may hereafter purchase, for the use of the 
supreme, court of this state; and shall issue his warrant 
upon the treasury for the sum which he may find due to 
said sheriff. 

Sec 2. That said sheriff shall hereafter be allowed 



36 



COURTS. 



Compensa- one dollar and twenty-five cents per day, or its equiv'a- 

tion for attend 1 i- . , r \ • .2. 3 ^i 

ingon the su- ^^"^^ ^^ ^^^^^ paper, lor his attendance upon the supreme 
preme court, court of this state. 

[Approved January 23, 1826.] 



IN FORCE, -^N ACT TO AMEND "AN ACT CONCERNING COURTS OF LAW,'' 
JUNE I, 1829. APPROVED, JANUARY 29, 1827. 

Sec. 1. Be it enacted by the people of the State of 1111- 
nois^ represented in the General Assembly^ That so much 
Part of form-Qf ^]^g ^^^^ section of the act, entitled **an act co)>cern- 
ed, ^ ing practice in courts of law," approved, January 29, 
1827, as authorizes the directing of origituil process to 
the sheriff', orcororser, of any other county than the one 
in which the suit is commenced, he, and the same is 
Wherepersons hereby repealed. And that hereafter it shall not be 
naay be sued lawful for any plaintiff to sue a defendant out of the 
county where the latter resides, or may be founds except 
in cases where the debt, contract, or cause of action, ac- 
And to whatcrued in the coursty of the plaint fF, or where the con- 
county pro- tract may have, specifically, been made payable ; when 
sue! '"^^ *^'it shall be lawful to sue in such count}^, and process 
may issue agaiiist the defendar.t to the sheriff ot the 
county where he resides: Provided^ that where there 
Several de- are several defendaiits living in different counties, the 
fondants. plaintiff maj^ sue, either in the county where the cause 
of action arose, or in any county where one or more of 
said defendants may reside, and shall have like process 
against such as reside out of the county where the action 
shall be brought as above. 
Previous Sec, q, This act shall not affect any previous rights, 

c^din^s ^not P^^^^^^^' ^"^ proceedings. This act to take effect from 
affected. and after the first day of June next. 

[Approved^ December 30, 1828. 



37 



COURTS. 

AN ACl* RELATING TO COURTS OF PROBATE. IS FORCt. 

JUNE 1, 1829, 

Sec. 1. Be it enacted by the People of the State of 
Illinois lepresented in the General Assembly^ That there Conrt of pro- 
shall be established, in each county in this state, a bate estab- 
court of recordj to be stjled ^'the court of probate," to ^^^ 
1)6 held at the several seats of justice of their respective To be held at 
counties, the jurisdiction whereof shall be co-extensive the county 
with the limits of the county in which the judges shalP^^*^* 
be respectively appointed. 

Sec. 2. The General Assembly shall at its present Judges to be 
session, elect by joint ballot some fit person, in each ^^cted. 
(jOu nty in this state, where a vacancy may be in the office vice, 
of judge of probate, to fill such office, and the respective 
judges so appointed, shall hold their offices during good „ 
behaviour. And the General Assembly shall in like cies. 
manner fill all future vacancies in the said office of judge 
of probate. And the said judges of probate shall sever- Jonsdiction. 
ally have such jurisdiction over the estates of testator 
and intestates, and such other matters, as they may be, 
or now are, invested with by law. 

Sec. 3. The said courts shall sit in their respective Terms, 
counties, throughout this state, on the firs^t Monday in 
tilery nnonth, and at such other times as extraordinary 
circumstances may require, and continue open until all 
the business, pending before them, shall be disposed of. rp^ ^ave a 
The said courts shall each have a seal, and may issue seal. 
all process necessary under the hand^and seal of the 
judge, and all such process shall bear date when issued: ^^ ^f* 
the said judge shall record all his proceedings, at length, 
in a book, or books, by him for that purpose furnished: Allowance for 
for all necessary books so furnished, the respective coun-"^'^^^^^'"^ 
ty commissioners' courts shall allow the said judge of 
probate a reasonable compensation, to be paid out of the 
county treasury. 

Sec. 4. All matters of law and of fact shall be de- . 
termined by said court, when properly before it; and in 
all cases, an appeal or writ of error, shall lie to the cir- 
cuit court of the county, to be prosecuted in the same 
manner as appeals and writs of error are prosecuted from 
the decisions of the circuit courts: and writs of error Appeal 
and appeals shall also be on the same matters, from the 
decision of the circuit court to the supreme court of the 
state, as in other cases. 



H 



H 



38 COURTS. 

Recess ap- Sec. 5. When any judge of probate shall die, resignf 

pomtments. refuse to qualify or be removed from office, or the office 
shall be otherwise vacated, during the recess of the Ge- 
neral Assembly, the governor shall commission some fit 
person to fill such vacancy, and the person so commission- 
ed shall continue in office until the end of the next ses- 
sion of the General Assembly thereafter. 

Sec. 6. Each of said judges, before he enters upon 

Judge to take the duties of his office, shall take an oath to support the 

an oath. constitution of the United States, and of this state, and 

an oath of office, to be administered by the clerk of the 

circuit court, or any justice of the peace in the county 

wherein he is appointed. 

P Sec. 7. The said judges of probate shall be entitled 

to such fees and compensation as now are, or hereafter 

shall be provided by law. 

Sec. 8. The act, entitled an act establishing courts 
At '11 o^ P'^ob^^G, approved February 10, 1821; the act enti- 
'tled an act to amend an act, entitled an act establishing 
courts of probate, approved February 12, 1823; and the 
act, entitled an act to amend an act, entitled an act es- 
tablishing courts of probate, approved February 10, 
1821, approved January 12, 1825; are severally hereby 
repealed : Provided^ however, that no new election shall 
be had forjudges of probate, where the office is now 
Jilled according to those acts, but they shall hold their 
offices in the same manner as if this act had not passed. 
This act to take effect on the first day of June next. 

\_Approved^ January 2, 1829.] 



iN FORCE, ^N ^^'^ ESTABLISHING A CIRCUIT COURT NORTH OF THE ILLIr 
Jan. 8, 1829. ' NOIS RIVER. 

Judge to be Sec. 1. Be it enacted hy the people of the state of Illi- 
elected nois^^ represented in the General Assembly^ That there shall 

be elected, by joint ballot of both branches of the Gen- 
f eral Assemby, at the present session, one Circuit Judge, 

who shall preside in the Circuit to which he may be ap- 
pointed, north of the Illinois River, and shall exersise 
such jurisdiction therein, as is, or may be, allowed to the 
Circuit Courts, generally in this state. 



COURTS^ 39 

Sec. 2. The said Circuit Judere, when thus elected, ^^^^ comperi^ 
shall be commissioned by the Governor, and shall hold 
his office during good behaviour, and shall be allowed, 
as a compensation for his services, a salary of seven 
hundred dollars, per annum, to be paid quarter yearly, 
out of any moneys in ihe treasury not otherwise appro- 
|)nated. 

[Approved^ January 8, 1 829.] 



— ^aO^ 



AN ACT REGULATING THE SUPREME AND CIRCUIT COURTS. In FORCE, 

July 1, i829. 
Sec. 1. Be it enacted by the people of the state of Illi- 
nois^ represented in the General Assembly^ That the Su- 
preme Court of this state shall consist of one chief jus- Number of 
tice and three associate justices as prescribed by the con-J"^^^^^^ 
atitution of this st^fte. 

Sec 2. The said Supreme Court shall exercise appel- jurisdiction, 
late jurisdiction only (except as is hereinafter excepted) 
and shall have final and conclusive jurisdiction of all 
matters of appeal, error or complaints from the judg- 
iiient or decrees of any (*f the Circuit Courts of this state 
and from such other inferior Courts as may hereafter be 
established by law in all matters of law and equity, 
wherein the rules of law, or principles of equity appear 
from the files, records or exhibits of any such Court to 
have been erroneously adjudged and determined. And 
the said Supreme Court is hereby empowered, author- 
ized and enabled to take cognizance of all such causes 
as shall be brought before them, in manner aforesaid and 

shall be vested with all the power and authority neces- ^°^^"^"*^^ 

r • • 1 . • n 1 . power 

sary for carrying into complete execution all tneir 

judgments, decrees and determinations in the matters 

aforesaid according to the laws, customs and usages of 

this state and according to the rules and principles of 

the common law, and their judgments, decrees and deter- Judgments t© 

minations shall be final and conclusive on all the parties be final 

concerned. 

Sec. 3. The said Supreme Court may from time to Rules of 

time, institute such rulesof practice, and prescribe such Court 

forms of process to be used, and for the keeping of the 

dockets, records and proceedings for the regulation of the 

said Court, as shall be deemed most conducive io t/ie 

dae administration of justice ; and it shall be the duty of 



/ 

4 

40 COURTS. 

Clerk's cffiee ^\■^Q chief justice to examineH:he state of the clerk's office 
gjj ^ of the said Court annually and make report thereof to 

the next tenn of the Court, which shall be noted in the 
proceedings. 
Oaths of the Si:c, 4. The chief justice and associate justices of 
judges the Supreme Court and the judges of the Circuit Courts, 

who ma)^ hereafter be appointed under the provisions of 
the constitution, previously to their entering upon the 
duties required of them by law, shall in addition to the 
oath to support the constitution of the United States and 
of this state take the following oath of office: "I, A B, 
chief justice (or associate justice as the case may be) of 
the Supreme Court (or judge of the Circuit Court as the 
case may be) do solemnly swear (or affirm) that I will ad- 
minister justice without respect to persons, and do equal 
right to the poor and to the rich, without sale or denial, 
promptly without delay, conformably to the laws, with- 
out, favor, affiu-rion or partiality to the best of my judg- 
ment and abilities," which oath or affirmation may be 
fo be filed administered by any justice of the peace in this state, 
reta'rv of ^^°' ^ certificate whereof shall be endorsed by the person 
State administering the same, on the hack of the ccmmission 

cf such judge, and another certificate thereof transmitted 
to and filed in the office of the secretary of state. 
One term a Sec. 5. There shall be one term of the Supreme 

y-ar Court holden annually at (he seat of Government, which 

shall commence or the first Monday in December, and 
continue in session until the business before it shall be 
disDosed of. 
Quorum not '^^^^ ^' If there shall not be a quorum of the justices 
attending fust of the said Supreme Court present, on the first day of any 
^^y term, t!»c Court shall stand adjourned from day to day, 

until a quorum siiall attend. 

Sec. 7. If the said Supreme Court, or any of the 

Unfinished Circuit Courts, directed to be held hv this act, shall not 
business* to ... , ■ n ^ i- "' • -j xu i i 

stand contin- ^^^ ^^^ ^^'J term, or snail not continue to sit the whcle 

ued term, or before the erdof the term shall not have heard 

and determined all matters and causes, depending in said 
Courts, al: matters and causes depeiiding and unde- 
termined, shall stand continued until the next succeeding 
term. 
Di3coDtinu- g^c. 8. If from any causes the Supreme Court shall 
son of the^^' '''^^ ^^^' ^" '^"J ^^J ^^ ^ term, after it s''.all have opened, 
Court not sit- there shall be no discontinuaijce, but so soon as the 
Hng, cured cause is removed, the Court shrill proceed to business 
until t'le e id o^ the term, or until the business depend- 
ing before it, shall be disposed of. 



COURTS. 



41 



Sec. 9. No question of appeal, or of writ of error 
shall be decided without the concurrence of two justices Two justices 
at least; and the said Court shall in all cases state the must concur 
case, and give their opinion in writing, which shall be Written 
filed with the other papers of the case. And the said°P^"^o"^ 
Court shall appoint some person learned in the law to Reporter 
minute down, and make report &f all the principal mat- 
ters drawn out at length, with the opinion of the Court, 
in all such cases as may be tried before the said Court, 
and the said reporter shall have a right to use the ori- 
* ginal written opinion after it shall have been recorded 
by the clerk. 

Sec. 10. All process which shall be issued from the Process hoAv 
said Supreme Court shall bear test in the name of the to bear test, 
chief justice, be signed by the clerk, dated when issued, ^°^ issued 
and sealed with the seal of the court; and all such pro- 
cess shall be made returnable according to law, or such 
rules and orders as may be prescribed by the Court. 

Sec. 11. Any process which may be issued from the Process how 
said Supreme Court, or any justice thereof, or the clerk, ^'^^^"^^^ 
according to law, shall be executed by the officer or per- 
son to whom it shall be directed, in any county or place 
in this state, in the usual manner that process is or may 
,be required to be executed and returned. The said 
Court shall have power to punish contempts offered by disobeying 
any person to it while sitting, and for disobeying any of process 
its process, rules and orders, issued or made conforma- 
bly to law. 

Sec. 12. The Supreme Court shall have orignial ^.rjgin^alju^^^^^ 
jurisdiction, in all causes, suits and motions against Sy^^j-eme 
public debtors, sheriffs, clerks, and all collectors of the Court 
public revenue to the state, of every denomination what- 
soever; and in all cases where it may have been, or may 
hereafter be the duty of any sheriff, clerk; collector, or Proceedings 
receiver of public moneys for the siate, or the late terri-^S.a^"^<^P^bi^<^ 
tory of Illinois, to make collections and settlements with 
the proper authority; if he or they have failed to do so, 
or shall hereafter have failed to do so, ^nd there shall 
appear any defect in the bond given by said officer, or 
person, or other proceeding sufficient to exempt from 
liability, the security or securities of such officer, or ^^f"''*,^^®^ °^ 
person, or to defeat the ordinary proceedings against 
himself, the Court shall have power to compel such per- 
son, whether in or out of office, who has either collected 
public money or ought to have (|one so, to exhibit upon 
oa* h, a full a-^d fair statement of all moneys by him col- 
lected, and a list of all persons, as far as it may be praq- 

E 



r 



J 



42 



COURTS. 



ticable, to obtain the same, of whom such person had a 
right to collect, and who had failed to pay him accord^ 
ingly ; and the Court shall, upon hearhig the whole case, 
without regard to form, have power to give such judg- 
ment, for such sum or sums of money, as such person 
ought to be liable to pay, according to the true spirit of 
the law and the principles of equity: Provided^ that the 
person or persons, as aforesaid, shall have due and rea- 
sonable notice of the time of proceeding against him or 
them, as aforesaid; and it shall be the duty of the 
Attorney General to attend and prosecute the same. 
Sec. 13. It shall be the duty of the clerk of the 
Clerk to issue Supreme Court, to issue process in all cases where 
process process ought to be issued from the said Court; and to 

His duty keep and preserve complete records of all the decisions 
and proceedings of the said Court; he shall, before he 
Oath of clerk ^'^^6'™^ upon the duties of his office, take the following 
oath or affirmation before one of the justices of the 
Supreme Court: "I, A. B, being appointed clerk of 
the Supreme Court, do solemnly swear, (or affirm) that 
I will truly and faithfully enter on record all the orders, 
decrees, judgments and prc-ceedings of the said Court, 
and that I will faithfully and impartially discharge and 
perform ail the duties of my said office, according to the 
best of my abilities and understanding according to 
law;" and the said clerk shall keep his office at the seat 
of Government, jmd shall do and perform all such acts 
and things as are or may be enjoined on him, and be en- 
titled to such compensation as is or may be provided by 
law. And he shall at the first term of said Court, after 
he shall be appointed, give bond to the governor of this 
state, and his successors in office^ for the use of the peo- 
ple of the state, with one or more securities, to be 
approved by the said Court, in the sum of three thousand 
dollars, conditioned for the faithful discharge of his du- 
ties, and to deliver up the papers, books and records, 
appertaining to the same, whole, safe and undcfaced, 
when lawfully required so to do, v/hich bond so execu- 
ted as aforesaid, shall be transmitted to the office of the 
Secretary of state, and filed therein. 

Sec. 14. The chief justice and associate justices of 
the said Supreme Court, shall hold circuit courts, as is 
herein provided for by law; and when either of the said 
judges shall, by death, resignation, removal from office, 
or unavoidable absence, fail to attettd and hold any of 
the circuit courts required of him by law, it shall be the 
filuty of one of the other judges presiding in either of 



And bond 



Condition 
thereof 



Judges to 
hold circuit 
courts 



interchange 

pfiJircuita 



COURTIS. 43 

the other circuits, upon receiving information that such 
courts will not be hoIden,to attend in the said circuit, so 
situated, and hold courts therein, and exercise all the 
powers and jurisdiction, both in term time and vacation, 
that the judge assigned by law to such circuit could 
legally do, ujitil the causes aforesaid, which authorize 
and require such judge to exercise such power and ju- 
risdiction, in such circuit, shall be removed. 

Sec. 15. When any of the said judges shall die, I*^ew judges to 
resign, or be removed from office, it shall be the duly of^°^'^?°"^*5 ^" 
his successor in office, to preside in the circuit wherein theirprede^ 
such vacancy happens. cessors 

Sec. 16. If there shall be no judge attending in any Judge not 
county, on the first day of any term, the court shall ^^^^"^J^"!^'^^^ 
stand adjourned from day to day until a judge shall at- adjourned 
tend, if that should happen before the hour of four 
o'clock in the afternoon of the second day; but if no 
judge shall have attended before that time, the court 
shall stand adjourned until the next succeeding term. 

Sec. 17. It shall be the duty of the said judges res- Two terms 
pectively, to hold two terms annually, in each county in annually 
their respective circuits, in conformity to law: which 
courts shall be hold en respectively at the times and 
places now, or hereafter to be prescribed by law ; and the 
said courts shall be styled "Circuit Courts for the coun- 
ties in which they may be held respectively." 

Sec. 18. The said circuit courts shall be holden at At the court 
the respective court-houses of said eounties, and the said house in each 
judges respectively, in their respective circuits shall *^°"°^^ 
have jurisdiction over ail matters and suits at common -^""^diction 
law and in chancery, arising in each of the counties in 
their respective circuits, where the debt or demand shall 
exceed twenty dollars* 

Sec. 19. The said judges shall be conservators of ^"'^6^^ °^^^^ 
the peace, and the said courts in term time, and the peace'^^ ° 
judges thereof in vacation, shall have power to award And may 
throughout the state, and returnable in the proper coun- f^ward writs 

/* • II or 'ii p PTPnf Jv p 

ty, writs of injunction, ne exeat, habeas corpus, and all 
other writs and process, that may be necessary to the Incidental 
due execution of the powers with which they are or po^er 
may be vested. 

Sec 20. The said courts shall respectively have Criminal 
power and authority to hear and determine all cases of jurisdiction 
treason and other felony, crimes and misdemeanors of 
whatever kind that maybe committed within any coun- 
ty or place within their respective circuits, and that may 
be brought before them, by any rules and regulations 
provided by law- 






COURTS. 



I Causesto be Sec. 21. All suits brought in the said circuit courts 

tried 'vhere g|^j,|i hp tried in the counties in which they orieinated, 
they ongina- , . ,i , i n * • . i • 

ted unless in cases that are or may be specially provided lor 

by law. 
Clerkstotake Sec. 22. The clerks appointed by the said circuit 
an Qaih courts, o_ by the judges thereof in each county, shall, 

before they enter upon the duties of their oftices, res- 
pectively take an oath, to support the constitution of 
the United States, and of this state, and also the follow- 
ing oath of ojdice, before one of the judges of the said 
circuit courts, or some justice of the peace in this state: 
C/atJi. 4;j^ ^ g^ being appointed clerk of the circuit court for 

county, do solemnly swear, (or affirm) that I will 

truly and faithfully enter, and record all the orders, de- 
crees, judgments and proceedings of the said court, and 
that I will faithfully and impartially discharge and 
perform all the duties of my said office, according to 
the best of my abilities and understanding according to 
law." A certificate whereof, with the appointment, 
shall be entered on the records of the court at the first 
term of the court, after the same shall be done. 
Duty of clerks Sec. 23. The clerks of the respective circuit courts, 
shall issue process in all cases originating in their respec- 
Cornplete tive counties; they shall make, keep and preserve corn- 
record plete records of all the proceedings and determinations of 
the courts of which they are clerks, except as is provided 
fn the 23d section of the "Act concerning the practice 
in courts of law," approved, January 29, 1827. They 
hhall keep their offices at the county seats of .their res- 
pective counties; and do and perform in the county, all 
the duties which may be enjoined upon them by law; 
and they shall be entitled to such fees and compensation 
for their services, as are or shall be allowed by law; and 
if any clerk of a circuit court, shall neglect or refuse 
Cl'k may be ^^ perform any of the duties enjoined upon him by law, 
removed or shall in any manner be guilty of malfeasance in 
office, he shall be removed from office by the court upon 
proper complaint being made to the said court or judge, 
and the said complaint being proved true to the satis- 
Butmayap- faction of the said court or judge: Provided^ that the 
P^^^ said clerk shall nevertheless, have the right of appeal to 
the Supreme Court, under the like conditions, as are 
or may be prescribed by law for other cases. 

Sec. 24. The clerk of each Circuit Court shall, at 

Shall give ^j^g ^^^^ term of the said court, held in his county, after 

he shall be appointed, enter into bond to the governor 

of the state, and to his successors in office, for the use 



COURTS. 45 

of the people of the state of Illinois, with one or more 
securities, to be approved of by the court, in the sum 
of two thousand dollars, conditioned for the faithful per- Condition 
formance of the duties of his office, and to deliver up thereof 
the papers, books, records and proceedings appertaining 
thereto, whole, safe and undefaced, when lawfully re- 
quired so to do, which bond, so executed, shall be trans- 
mitted to the office of the secretary of state, and filed Where fiJed 
therein. 

Sec. 25. It shall be the duty of every clerk of the Delivery of 
Circuit Court, hereafter to be appointed to succeed P^P®^^» ^'^« 
another, to demand of his predecessor, or the person in 
whose possession they may be, all the books, papers and 
proceedings appertain}rig to the Circuit C/Ourt of which 
he shall be appointed clerk: and the said predecessor, 
or person in whose possession the same may be, shall, 
on such application and demand, deliver them up to the 
person so appointed; and should any person, herein re- 
quired to give up the books, papers and proceedings as 
aforesaid, refuse so to do, on such application and de- 
mand, the proper Circuit Court, shall have power to use 
such compulsory process, and take such measures, as May be co- 
may be necessary to coerce the delivery as aforesaid, ^^^^^ 
according to the true ihtcnt and meaning hereof. 

Sec. 26. The judges shall annually examine into Clerk's office 
the condition of the otiice of every clerk of the Circuit ^^^'^ ^^ ^^' 
Court, in their respective circuits, and make such order 
thereon, as circumstances may require. 

Sec. 27. Whenever any person shall be in the cus- 
tody of tlie sheriff of an)^ county, charged with any Special terms 
capital offi^nce, or anj other otfence not bailable by law, ^o try crimi- 
it shall be the duty of such sheriff, provided such person ^ 
shall desire a trial, to give information thereof, in wri- 
ting, to the judge presiding in the circuit, or in case of 
his absence or disability, to either of the said judges 
who may be required to preside i!i such circuit, during 
such absence or disability; whose duty it shall be, to 
issue a precept under his hand and seal, to the sheriff 
of such county, to summon twenty-three grand jurors, 
'and thirty-six petit jurors, to attend at the seat of justice 
of said county, on a day therein mentioned, which shall 
not be less than fifteen, nor more than thirty days from 
the date of such precept. 

Sec. 28. It shall be the duty of the sheriff, on re- Notice there 
ceiving the precept aforesaid, to give notice by adver-^f 
tisement, set up at the seat of justice of his county, at 
least ten days before the return of such precept, of the 



^' 



Omission to 

advertise 



COURTS. 

lime of holding a special term of the Circuit Court, in 
pursuance of this act; and it shall be tite duty of the 
circuit judge either personally or in writing, to notify 
the attorney prosecuting for the state, in such county, of 
the time and place of holding court in pursuance of this 
act; but the want of such advertisement by the sheriif, 
or notice by the judge, shall not be construed to invali- 
date tiie authority of the court, or to render its pro- 
ceedings void or erroneous; but in case of such omission, 
the precept aforesaid shall be considered as legal notice 
of the time and place of holding such court; and the 
sheriff, for omitting to advertise in manner aforesaid, 
maybe fined at the discretion ot the court, in a sum not 
exceeding five hundred dollars: Provided^ that there 
shall be no such special term of the Circuit Court, 
where a regular term of said court will be held within 
forty days of the time of receiving such notice as afore- 
said, by the judges from the sheriff, but in all such cases, 
the person shall wait until the regular term for his trial. 
Sec. 29. The said Circuit Court, when met in pur- 
suance of this act, shall have authority to adjourn to 
any day which may be adjudged reasoiiable and expe- 
dient, for the fair and impartial trial of any such person, 
who may be indicted before it, and in case the requisite 
number of grand and petit jurors shall not attend at the 
time and place specified in such precept, or the number 
of petit jurors be reduced by challenge below the num- 
ber of twelve, the court may order the sheriff to com- 
.plete the pannel of the grand or petit jury from the 
by-standers, or award a venire de novo for a grand or 
petit jur}^ as the case may require. 

Sec. 30. Any process which may be issued by any 
of the clerks of the said Circuit Courts, or any judge 
thereof, in pursuance of law, shall be executed by the 
officer or person to whom the same shall be directed, in 
any county or place in this state, in the same manner that 
process usually i?, or may be required to be executed and 
returned; and the said Circuit Courts shall respectively 
have power to punish all contempts offered by any per- 
and disobey- son or persons to them, while sitting as such, at any reg- 
;ng orders, &c ^j,^,. ^^ special term as aforesaid ; and for disobeying any 
of its process, rules or orders, issued or made, contbrm- 
ably to law. Hereafter, the salaries of the chief jus- 
tice and each of the associate justices of the Supreme 
Court, shall be one thousand dollars per annum. 

Sec. 31. The clerks of the several Circuit Courts 



Power to ad- 
iourn 



Talesmen 



Process how 
executed 



Gon tempts 



Salaries 
SubpcEnas 



countV^ '^""^ ^^'^^^ ^^'*y^ power to issue subpoenas for witnesses, to any 



county 



county in this state. 



COURTS. ^< 

Sec. 32. The acts entitled *' an act regulating and Acts repealed 
defining the duties of the justices of the Supreme 
Court," approved, March 31, 1819: The act entitled 
"an act changing the terms of the Circuit Courts, and 
alteririg the circuits," approved, February 14, 1821: 
The act entitled " an act to regulate the terms of the 
Circuit Courts, and for other purposes," approved, Feb- 
ruary 17,1823: The ^^ act constituting and regulating 
the Supreme and Circuit Courts of this state," approved, 
December 29, 1824: The act entitled "an act supple- 
mental to an act entitled an act regulating and estab- 
lishing the Supreme and Circuit Courts of this state," 
approved, January 17, 1825: The act entitled "an act 
changiiig the terms tf.erein named, and regulating the 
practice in certain cases," approved, January 26, 1826, 
are severally hereby repealed. 

Nothing in this act shall be so construed, as to require New clerks 
the clerks either of the Supreme or any of the Circuit ^''^*^.'^°^j^^ 
Courts in this state, to be re-appointed, or qualified as 
this act directs, but the same shall continue in office as 
they now are. 

This act takes effect on the first day of July next. 

[^ipproved^ January 19, 1829.] 



AN ACT TO PROVIDE FOR A SUITABLE PLACE FOR HOLDING 1^ FORCE 

THE SUPREME COURT. JaNCJARY 22, 

1829. 

Sec. 1 . Be it enacted hy the people of the state of Illi- 
noiF^ represented in the General Assembly, That tl:e South s. E. room of 
Eafet room, on the lower floor of the bariking house, be, the banking 
and the same is hereby appropriated and set apart for ^^^^^ 
the exclusive purpose of holding the supreme court of 
this state: and, hereafter, the state treasurer shall keep 
his office in the front room, on the lower floor of said 
building. 

Sec. 2. The auditor of public accounts is hereby clerk to have 
required to draw his warrant upon the treasury for the the same re- 
sum of fifty state paper dollars, in favour of James M. P^*"^^^ 
DuJican whose duty it is hereby made, to expend the 
same, or so much thereof as may be necessary, to repair 
said room for the purpose aforesaid. This act is to take 
effect fxom and after its passage. 

[Approved, January 22, 1829.] 



48 couRts. 



IN FORCE, AN ACT SUPPLEMENTAL TO TUE ACT, ENTITLED *' AN ACf 

JAN. 23,1829. REGULATING THE SUPREME AND CIRCUIT COURTS," 

APPROVED, JANUARY 19, 1829. 

Sec. 1. Be it enacted hy the people of the state of Illi- 
nois^ represented in the General Absembly^ That the Chief 
Who shall justice of the supreme court, and the associate justices 
hold the cir- thereof, and the circuit judge appointed at the present 

cuit courts %} <D \ I k 

session, shall hold the circuit courts in this state, at the 
times, apid in the manner, herein after provided, and 
shall be governed bj the same rules, regulations, and 
restrictions, that are now applicable to the said courts 
respectively. 
Counties of Sec. 3»^ The counties of Pike, Calhoun, Greene, 
the first cir- Macoupin, Morgai), Sangamon, Macon, and Tazewell, 
shall constitute the first judicial circuit: the counties of 
Of the '2d cir- Madison, St. Clair, Monr-oe, Randolph, Washington, 
^"'*^ Clinton, Bond, Fayette, Montgomery, and Shelby, snail 

contitute the second judicial circuit: the counties of 
Of the 3d cir- Gallatin, Hamilton, Jeiierson, Marion, Franklin, Perry, 
^"^' Jackson, U'lion, Alexander, Johnson, and Pope, shall 

constitute tiie third judicial circuit: the counties of 
Ofthe4thcir- White, Edwards, Wabash, Lawrence, Crawford, Clark, 
<^"i^ Edgar, Vermilion, Clay, and Wayne, shall constitute i\^e, 

fourth judicial Circuit: and the counties of Joe Daviess, 
Ofthe 3th cir- Peoria, Fulton, Schuyler, and Adams, shall constitute 
cuit the fifth judicial circuit. 

Lockwood in Sec. 3. Samuel D. Lockwood shall perform circuit 
st^ith^i'irthe^^t^^^ in the first judicial circuit: Theophilus W. Smith 
2nd shall perform circuit duties in the second judicial cir- 

Brown in thecuit: Thomas C. Browne shall perform circuit duties in 
3d the third judicial circuit: A^illiam Wilson shall perform 

4th ^^^ ^^ ^circuit duties in the fourth judical circuit: and Richard 
Young in the M. Young shall perform circuit duties in the fifth judi- 
^th cial circuit: and when either of said judges shall be suc- 

Their succes- ceeded in office, it shall be the duty of his successor in 

sors to take q^qq to preside and hold the courts in the circuit of the 
their place. . , • .- i j 

judge, or justice, so succeeded. 

Sec 4. The said circuit judge shall, before he en- 
Circuit judge ters upon the duties of his office, take an oath to sup- 
oath!^^ ^^ P^^^ ^^^^ constitution of the United States, and of this 
s«tate, and the following oath of office, to wit: "1, A. B. 
Form thereof judge of the fifth judicial circuit of the state of Illinois, 
do solemnly swear, that I will administer justice, without 
respect to persons, and do equal right to the poor and to 
the rich, without sale, denial, favor, affection, or parti- 
ality, conformably to the laws, to the best of my judg- 



COURTS. 



49 



ment emd abilities." WLiich said oath may be adminis-By whom ad- 

tered by any justice of the peace in this state, a certifi- ™^°^^^^''^^ 

cate whereof shall be endorsed on the commission of 

Scrid judge, and a duplicate thereof transmitted to, and 

tiled in the office of the secretary of state; and all 

rules and regulations prescribed in the act, to which 

this is a supplement, relative to the circuit courts gene Former act to 

rally in this state, shall be deemed and taken as applica-^PP'? to the 

ble to the circuit courts directed to be held in the fifth 

Judicial circuit. 

Sec. 5. The chief justice, and the associate justices interchange 
of the supreme court, and the judge of the fifth judicial of circuits 
circuit, may interchange, and hold each other's circuit Powers cf the 
courts, as often as thev may agree to do the same, and ^"^,5=^" ^" ^"^ 
may award writs of habeas corpus^ ne exeat^^xertiorari^ 
and injunction^ and may grant orders to stay proceed- 
ings, which said writs and orders shall run, and have y 
force, in each other's circuits; and such acts, writs, and 
orders, shall have the same effect, and be obeyed in the 
same manner, as if the said acts, orders, and'writs, were 
done, granted, and issued, by the proper justice, or judge 
of the circuit. 

Sec. 6. Should the chief justice, or either of the ^^^^|:e^ no^^aj^ 
associate justices, or the said circuit judge, fail to attend shall' stand 
in any county, in their respective circuits, on the day adjourned 
appointed for commencing the term of the circuit court 
therein, as required by law, the court shall stand ad- 
journed until the next day, and should the judge not at- 
tend by four o'clock in the afternoon of the second day 
of the term, the court shall stand adjourned until the 
next succeeding term of the court, and all suits, writs, 
process, indictments, recognizances, and other proceed- 
ins, shall stand continued over until next term of the 
courtj as effectually as if* the same had been continued 
by the order of the court. Chancery 

Sec. 7. The chief justice, and the associate justices, ^^'''^^ 
and the said circuit judge, in their 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 of the judge making such or- 
der, the business of the court shall require it; and all 
judgments, orders, decrees, and proceedings, made at 
such special term, shall have the same validity as if 
made at the regular term appointed by law. Change of ve-- 

Sec, 8. If any judge of the circuit court shall be ^^^^^"JP;^^^. 
interested in any suit, or proceeding, in his circuit, it est in the 
shall be his duty to cause all the papers relating to such judge 
suit, or proceeding, and a transcript of the record, if ne- 



50 



COURTS. 



r'Dupreme 
court when 
held 



Two Terms oi; 
the circuit 
courts 



Times of hold 
ing circuit 



I; courts 



1st circuit 



f. 



2nd circuit 



cessary, to be transmitted to the most convenient county 
in the next adjoining circuit, as in ( ase of a change of 
venue; and the judge of the circuit, to which such 
cause shall be transferred, shall proceed thereon, in all 
respects, as if the same had been originally instituted in 
his circuit. 

Sec. 9. There shall be one term of the supreme 
court of this state held, annually, at the seat of govern- 
ment, on the first Monday in December, and shall con- 
tinue from day to day, Sundays excepted, until all the 
business, therein pending, shall be determined and dis- 
posed of. 

Sec. 10. There shall be two terms of the circuit 
court held, annually, in each of the counties now or 
hereafter to be organized in this state, at the court house 
thereof, or place provided for holding court, which terms 
shall commence at the respective times hereinafter spe- 
cified, and continue to be held, from day to day, Sundays 
excepted, until all the business pending shall be disposed 
of, unless it shall be sooner necessary to close the term, 
to enable the judge to attend in the next county to hold 
court; which said terms shall be commenced and held 
at the respective times following, to wit: In the county 
of Pike on the first Mondays in April, and the fourth 
Mondays in August; in the county of Calhoun, on the 
Fridays after the first Mondays in April, and the fourth 
Mondays in August; in the county of Greene, on the 
second Mondays in April, and first Mondays after the 
fourth Mondays in August; in the county of Macoupin, 
on the first Fridays after the second Mondays in April, 
and the first Fridays succeeding the first Mondays after 
the fourtii Mondays in August; in the county of Mor- 
gan, on the third Mondays in April, and the second 
Mondays after the fourth Mondays in August; in the 
county of Sangamon, on the fourth Mondays in April, 
and on the third Mondays after the fourth Mondays in 
August; in the county of Tazewell, on the first Mondays 
after the fourth Mondays in April, and on the fourth 
Mondays after the fourth Mondays in August; in the 
county of Macon, on the first Thursdays succeeding the 
first Mondays after the fourth Mondays in April and 
August; 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 Mondays of March and August; 
in the county of Washington, on the fourth Mondays in 
March and August; in the county of Clinton, on the 



\ 



COUilTS. 51 

next Wednesdays after the fourth Mondays in March 
and August; in the county of Bond, on the first Mon- 
days in April and Septennber; in the county of Mont- 
gomery, on the next VV ednesdays after the first Mondays 
in April and September; in the county of Shelby, on the 
second Mondays in April and September; in tne county 
of Fayette, on the next Thursdays after the second 
Mondays in April and September; in the county of Ma- 
dison, on the second Mondays in June, and third Mon- 
days in October; in the county of Hamilton, on the 3d circuit 
third Mosidays in March and September; in the county 
of Jefferson, on the fourth Mondays of March and Sep- 
tember; in the county of Marion, on the Thursdays af- 
ter the fourth IVJondaysin March and September; in the 
county of Franklin, on the first Mondays in April and 
October; in the county of Perry, on the Fridays after 
the first Mondays 4n April and October; in the county of 
Jacksonr, 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 
Mondays in April and October; in the county of John- 
son, OB 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 Gal- 
latin, on the second Mondays in May and November; in 
the count) of While, on the first Mondays in April and 4th circuit 
September; in the county of Edwards, on the second 
Mondays in April and September; in the county of 
Wabash, on the Thursdays after the second Mondays in 
April and September; in the county of Lawrence on 
the third Mondays in April and September; in the coun- 
ty of Crawford, on the Thursdays after the third Mon- 
days in April and September; in the county of Clark^ 
on the fourth Mondays in April and September; in the 
county of Edgar on the Thursdays after the fourth 
Mondays in April and September; in tl-e county of Ver- 
milion, on the Mondays after the fourth Mondays in 
April and September; in the county of Wayne, on the 
second Mondays in May and October; in the county of 
Clay, on the Thursdays after the second Mondays in M \y 
and October; in the county of Joe Daviess, on the se- 5th circuit 
cond Mor.days in May, and first Mondays in November; 
in the county of Peoria, on the first Mondays in June, 
and second Mondays in October; in the coujity of Ful- 
toi!, on the Thursdays after the first Mondays in June, 
and the second xMondays in. October; in the county of 
Schuyler, on the second Mondays in June, and third 



53 COURTS. 

Mondays in October; in the county of Adams, on the 
Thursdays after the second Mondays in June, and third 
Mondays in October; and in the counties which may 
hereafter be organized on the mihtary tract, at such 
times as the Judge of the fifth judicial circuit miy ap- 
pohU. 
Process how ^Ec. 11. All process which shall be issued from the 
to bear test said circuit courts, shall bear test in the name of the judg- 
And be issued es thereof, and be signed by the clerks respectively, and 
and returned dated on the days on which they issue, and be made re- 
turnable according to law; and all process, issuing froi;n 
Ihesaid circuit courts, shall be sealed with the judicial 
seal which shall be provided for that purpose; but in 
case there shall not be a judicial seal, the clerk shall af- 
fix l^is private seal until a public one shall be provided. 
Change of Sec. 12. All recognizances and other obligations, 

terms not to suits, actions, and motions, indictments, and other pro- 
a ect pro- ceedinsrs, and all writs and process of every kind, and 
^ description, which have been taken, commenced, found, 

or issued, in pursuance of the laws now in force, shall 
be set for argument, or trial, or shall be deemed and ta- 
ken as returnable to each circuit court, respectively, as 
directed to be held by this act, and may be proceeded 
on, as though no change had taken place. 
Acts repealed ^^^* ^^' '^'^^ ^^^' entitled "an act to amend an 'act, 
constituting and regulating the supreme and circuit 
courts of this state,' (approved, December 29, 1824) ap- 
proved, January 1 2, 1 827 ; the act, entitled " an act sup- 
plemental to an act, entitled 'an act to amend an act 
constituting and regulating the supreme and circuit 
courts of this state,' (approved December 29, 1824) ap- 
proved January 12, 18 27; the act, entitled "an act 
changing the terms of the supreme and circuit courts of 
this state, and for other purposes," approved February 
17, 1827; the fourth and fifth sections of the act, enti- 
tled "an act establishing Joe Daviess county," approved 
February 17, 1827; and so much of the act, to which 
this is supplemental, as provides that the same shall 
take effect on the first day of July next; are hereby se- 
verally repealed. 
Special terms ^EC. 14. The judge of the fifth judicial circuit in 
jn Joe Daviess this state, is her!^;by authorized and required, wlic it 
county shall be necessary to hold special t-^rms of t'-e circ ut 

court in the county of Joe Davi^-'ss, in additioi] to such 
as are provided for in the foregoing provisio.s of .his 
act: He shall cause an entry to be made on the records 
of the circuit court of said county, of the time when a 



COURT HOUSES AND JAILS, 53^ 

special term of said court shall be held, a copy of which Notice there- 
entry shall be published, for three weeks successively, P/^^, ^ 
in some public newspaper printed at Galena; and the 
said court, at any special term thereof, shall have the 
same powers and jurisdiction in all cases, civil and cri- 
minal, as at a stated term. Suits may originate, writs 
issued, served and returned, and the causes may be 
tried at such special terms, in the same manner as in ca- 
ses brought to a regular term of said court: and the 
same number of petit jurors shall be summoned to at- 
tend such special terms, as are now required at a regular 
term of said court. This act, together with the act to 
which this is a supplement, shall take effect, and be in 
force, from and after the passage hereof. 

[Approved^ January 23, 1 829*] 



COURT HOUSES AND JAILS. 

AN ACT AUTHORIZING AND REQUIRING THE COUNTY COMMISSIONERS' In FORCJ, 
COURTS TO CAUSE COURT HOUSES AND JAILS TO BE ERECTED, IN JuNE I, 1829. 
EACH AND EVERY COUNTY IN THIS STATE. 

Sec. 1. Be it enacted by the people of the state of 
Illinois represented in the General Assembly^ That it shall Jails to be 
be the duty of the county commissioners' courts, in their erected 
respective counties, to prepare or cause to be erected, 
when, in the opinion of said court, the means of the 
county are such as to justify it; and where they have 
not heretofore done so, strong and substantial jails, so 
that prisoners may be confined therein with safety: and Co. com'w 
the said commissioners are hereby expressly charged char^ei with 
■with the faithful execution of this law, and rhey shall ^'J-^^^^g^f^^^*'* 
make report thereof, respectively, to the Circuit Court, 
at the next term in the county, after the same shall To report to 
have been done, and said report shall be entered upon JJ'*' Circuit 
the records of the said Circuit Court. ^^^ 

Sec. 2. It shall also be the duty of the said county 
conin^issioners, in each county, to caiise to be erected, 
when, in the opinion of said court, the means of the 
coqnty are such as to justify it, a suitable court house Courthouse 
in each of their respective counties; and they shall have 
power to enter into contracts, from lime to time, with 
afly person or persons, in behalf of the county, tor the 



54 ELECTIONS. 

erection of such court houses, or finishing any court 
house already begun, at any regular term of their court, 
or at any special term they may appoint. 

Lots to be Sec. 3. The county commissioners' courts in each 

purchased county, shall have power to contract, and procure for 
the use of their respective counties, whenever it shall 
become necessary, any lot or lots of land, whereon to 
erect such county buildings, and obtain deeds of con- 

Or soli veyance to such counties, and to sell and convey the 

same, when it shall become necessary, to any purchaser 
or purchasers, in the manner prescribed by law. 

Sec. 4. The act entitled ''•an act authorizing and 

Acts repealed requiring the county commissioners to cause jails to be 
erected in each and every county within the state," 
approved, March 24, 1819, is hereby repealed; — 

Previous Provided^ that no right previously acquired, shall be 

rights not im- jj-jjp^jj,g(j by the passasre of this act. 

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

[Approved^ January 5, 1829.] 



ELECTIONS. 

J. AK ACT REGULATION G ELECTIONS. 

IJV FORCE, 

June 1, 1829. g^^^ j^ ^g ^-^ enacted by the people of the sio.ie of 
Illinois represented in the General Assernhly^ That all gen- 
eral and special elections for governor, lieutenant gov- 
ernor, representative to congress, senators and repre- 
sentatives to the General Assembly, and county officers, 
shall be conducted in the manner hereinafter prescribed, 
Precinctsto Sec. 2. The county commissioners' courts in this state 
be laid out shall divide their respective counties into as many elec- 
not exceeding tion precincts as they may think expedient, not exceed- 
^'^ ing eight, including the county seat or place of holding 

Place of elec- courts, which shall always be one ; and shall designate the 
tion in each house or place in each precinct, and in the precinct in- 
to be desig- eluding the County Seat, the house or houses, place or 
" ^ places, at which elections are to be holden ; and the pre- 

** cincts and places of holding elections, so established, 

shall so remain until changed by the county commissi<m- 
ers' court: And all general and special elections shall be^ 
held at the places so designated, until changed as afore- 



ELECTIONS. ' 55 

said; Provided always, that it shall be the duty of the 

county commissioners' court, at any time, to change any ^^^ J^^J ^^ 

place of holding elections, upon the petition of a majori- ° 

ty of voters residing within the precinct: Provided fur-,j,_ . ^ 

ther, that the county commissioners shall, if they deem judges an' 

it necessary, organize two sets of judges and clerks of clerks at 

election, in the precinct including the county seat. county seat 

Sec. 3. The said county commissioners' courts shall, 
respectively, at the last stated term preceding any elec- 
tion, appoint three capable and discreet persons, possess- Judges of e- 
ing the qualifications of electors, to act as judges of the ^^^^^^'^.^^ ^^ 
election, in each election precinct; and the clerk of the 
said court shall make out and deliver to the sheriff of the who shall be 
county, immediately after the appointment of said judg- notified there- 
es, a notice thereof in writing, directed to the judges so °^ 
appointed; and it shall be the duty of the said sheriff, 
within twenty days after the receipt of said notice, to 
serve said notice upon each of the said judges of elec- 
tion. The said judges of the election shall choose two Judges to 
persons, having similar qualifications with themselves, to ^^°^^® clerks 
act as clerks of the election. The said judges of the e- 
lection shall be and continue judges of all elections of 
civil officers, to be held within their precinct, until other 
judges shall be appointed, as herein before directed; and 
the said clerks of election may continue to act as such 
during the pleasure of the judges of the election. And 
the county commissioners' courts shall from time to time, 
till all vacancies which may take place in the office ofVacancies 
judge of the election, in any election precinct within their 
respective counties. 

Sec. 4. The clerks of the several county commission- 
ers' courts shall, at least thirty days previous to any ge- 
neral election, and at least twenty days previous to any 
special election, make out and deliver to the sheriff of T^ree notices 
his county, three written notices thereof for each pre- for each pre- 
cinct, said notices to be, as nearly as circumstances will^^°^^ 
admit, as follows, to wit: "Notice is hereby given, that Form thereof 
on Monday, the day of next, at the house 

of in precinct, in the county of 

an election will be held for governor, one lieutenant gov- 
ernor, one representative to the Congress of the United 
States, one senator, three representatives in the General 
Assembly of this State, one sheriff, one coroner, three 
county commissioners, &:c.; (as the case may require) 
which election will be opened at eight o'clock in the 
morning, and will continue open until six o'clock in the 
afternoon of the same day. Dated at this 



$6 ELECTIONS. 

day of in the year of our Lord one thousand 

eight hundred and 

A, B. clerk of the county commiss'rs' 
court of county." 

Sheriff to post And the said sheriif, to whom such notices shall be 
them up delivered as aforesaid, shall post up in three of the most 
public places in each precinct, the three notices refer- 
ring to such precinct, at least fifteen days before the time 
of holding any general election, and at least eight days 
before the time of holding any special election. 
Judge refus- ^^^* ^' ^^^"7 person appointed to act as a judge of 
Ing the election as aforesaid, shall neglect or refuse to be 

sworn or affirmed to act in such capacity, the place of 
Justice of the such person shall be filled by any justice of the peace* 
peaoe to aet j.ggij^if,g vvithin the precinct, to be nominated by the 
ether judge or judges of the election, and if there be no 
other justice present to act as judge, the other judge or 
judges of the election shall nominate one or more capa- 
ble and discreet elector or electors, residing within the 
precinct, to fill such vacancy or vacancies; and if there 
be no judge of the election present to fill such vacancy 
Ifo judge at- or vacancies by nomination, then such vacancy or va- 
te"s may elect fancies shall be filled by the votes of such qualified elec- 
tors, residing within the precinct, as may then be pre- 
sent at the place of election; and the justice or justices^ 
person or persons, so elected or nominated to fill such va- 
cancy, or vacancies, shall be, and are hereby vested with 
the same power as if appointed by the county commis- 
sioners' court. 

Sec. 6. Previous to any votes being taken, the judges 
es\ndcierl£" ^^^ clerks of the election shall severally take an oath, or 
affirmation, in the follo^ving form, to wit: "I, A. B. do 
solemnly swear, (or affirm, as the case may be) that I will 
perform the duties of judge, (or clerk, as the case may 
be) according to law and the best of my ability; that I 
will studiously endeavour to prevent fraud, deceit, and 
abuse, in conducting the same." 

Sec. 7. In rase there shall be no judge or justice of 
^jj]^jg°™l the peace present at the opening of the election, or in 
case such judge or justice shall be appointed a judge or 
clerkof the election, it shall be lawful for the judges of 
the election, and they are hereby empow^ered to admin- 
ister the oaths or affirmations to each other, and to the 
elerks of the election; and the person administering 
such oaths or affirmations, shall cause an entry thereof 
Entry thereof to be made and subscribed by him, and prefixed to the 
to be made poU-books. 



FLECTIONS 51 

Sec. 8* At all elections to be held under this act, the 
polls shall be opened at the hour of eight in the morning, Poll when o- 
and continue open until six o'clock in the afternoon of ^i^^^gg^^j '^^ 
the same day, at which time the poll shall be closed: 
Provided^ however, that if no judge shall attend at the la case judges 
hour of eight in the morning, and it shall be necessary forgot attending 
the electors present to appoint judges to conduct the 
election, as herein before prescribed, the election may in 
that case, commence at any hour before the time for 
closing the poll shall arrive, as the case may require ; and 
provided also^ that the judges of the election may, if they 
shall deem it necessary, for the purpose of receiving the 
votes of all the electors wishing to vote, postpone the Closing poll - 
closing of the polls until twelve o'clock at night. And ^'^J be post- 
upon opening the poll, one of the clerks under the di- ^^^^ 
rection of the judges, shall make proclamation of the Proclamation 
same, and thirty minutes before the closing of the poll, to be made 
proclamation shall be made in like manner that the poll 
will be closed in half an hour. 

Sec. 9. The clerks of the election shall furnish the 
necessary poll books and stationary in conducting the Stationary 
same. 

Sec. 10. The manner of voting shall be by the elec- Manner of vo- 
tor's approaching the bar, in the election room, at any ^^"^ 
lime when the poll is open, and addressing the judges of 
the election in his proper person, and with an audible Viva voce 
voice, to be heard by the judges and clerks of the elec- 
tion, to mention by name the persons he intends to vote 
for to fill the difierent offices which are to be filled at 
the said election, and the clerk" shall enter his name and 
vote accordingly, and he shall then withdraw: Provided, 
that a voter may vote by presenting an open ticket to the 
judges, containing the names of the persons for v/hom he 
votes, and the offices; and the said judges shall read the 
same to the voter, and the clerks, with the assent of the 
voter, set the same down in their books, as in other cases. 

Sec. 1 1. It shall be lawful for any elector to vote for May rote tor 
governor, lieutenant governor, and electors of president gov. &zc. at 
and vice president of the United States, at any place of ^^'^' P'^^ 
holding an election within this State; for representative Rftp. in con. 
to congress, at any place of holding an election within*" ^^^ district 
the congressional district in which such elector resides; 
for senator and representatives to the General Assembly J°^ fp'^f'for & 
at any place of holding an election within the senatorial assembly 
or representative district in which he resides; for sheriff. Sheriff & co, 
coroner, and county commissioricrs, at any place of hold- com. 
ingan election in the county in which he resides: But 



58 



ELECTio:<rs. 



Jus. peace & 
constables 

Voting more 
than once 

How punished 



Challenges 



Oath and 
qualifications 
<jf voter 



Vote to be 
admitted 



Or rejected 



False oath 
how punished 

Unqualified 
personsvoting 
how punished 



Proviso 



Constables to 
attend 



Spjecial con- 
stable 



for justices of the peace and constables, he shall not vote 
out of the district in which he resides. And if any elec;^^. 
tor shall vote more than once at any election held u, der *. 
the authority of this act, he shall be fined in the sum of 
one hundred dollars, to be recovered by indictment be- 
fore any court of competent jurisdiction, and the whole 
of such fine shall be appropriated to the use of the 
county, in which the offence may have been committed. 

Sec. 12. When any person shall present himself to 
give his vote, and either of the judges shall suspect that 
such person does not possess the requisite qualifications 
of an elector, or if his vote shall be challenged by any 
elector who has previously given his vote at such elec- 
tion, the judges of the election shall tender to such per- 
son an oath or affirmation in the following form: "1, A 
B, do solemnly swear, (or affirm, as the case may be) 
that I am a resident of the county of in the 

state of Illinois; that I have resided in this state for the 
period of six months, immediately preceding this elec- 
tion; that 1 have to the best of my knowledge and belief, 
attained to the age of twenty one years; and that [ 
have not voted at this election.*^ And if the per-on so 
offering his vote, shall take such oath or affirmation, his 
vote shall be received, unless it shall be proved by evi- 
dence satisfactory to a majority of the judges, that the 
said oath or atBrmation is false: And if such person 
refuses to take such oath^ or affirmation^ his vat e shall 
be rejected. And if any person shall take the said oath 
or affirmation, knowing it to be false, lie shall be deemed 
guilt}'- of wilful and corrupt perjury, and shall on con- 
viction, suffer such punishment, as is now, or shall here- 
after be prescribed by law, for persons guilty of perjury . 
And if any person shall vote at any election, who is not 
a qualified voter, he shall forfeit and pay any sum not 
exceeding fifty dollars, nor less than twenty five, to be 
recovered in the same manner as other penalties under 
this act are: Pror/r/e-V, however, that if such person shall 
have been considered by the judges of the election a 
legal voter, then such person sliali not be so fined. 

Sec. 13. For the preservation of order, as well as 
the security of the judges and clerks of the election 
from insult and abuse, it shall be the duty of any consta- 
ble, or constables, residing within the precinct, who shall 
be designated for the purpose by the judges of the- 
election, to attend at all elections within such precinct: 
and should no constable attend at such electon, the 
judges of election are hereby authorized and empow- 



ELECliONS. 



59 



ered to appoint one or more special constables to assist 
0\ preserving order, during tiie election: and the judges Po\Aerofjudg- 
^€ire hereby empowered to impose a tine, nol exceeding ^^ 
twenty dollars, on any person or persons, who shall con- 
duct in a disorderly and riotous manner, and persist in 
such conduct, atler having been warned of its conse- imprison 
quences; and on refusal to pay the same, to commit him 
or them to the common jail of the county, for any time 
not exceeding twenty days, or until the fiise shall be 
paid; and the constable to whom the order shall be 
directed, and the jailor of the eouuty, are hereby re- 
quired to execute such oider, aid receive such person, 
or persons, so committed, as though ic had been issued 
or delivered by a magistrate bi (^uefonn of law. 

Sec. 14. When the votes shall nave been examined Poil book 
and counted, the clerks shall set down hz their ;^oll books, What it shall 
the name of every person voted for, wriiivn at full^°"*^^" 
length, the ofhcc for which such person received such 
vote or votes, and the number he did receive, the num- 
ber being expressed in words at full length, such entry 
to be made, as nearly as circumstances will admit, in the 
following form, to-wit: *'At an election held at the ^'^^"^ 
house of in precinct, in the county of 

and state of Illinois, on the day of 

In the year of our Lord one thousand eight hundred 
and the following named persons received the 

number of votes annexed to their respective names, for 
the following described offices, to-wit: 
A B had fifty-three votes for Governor, 
C D had fifty-one votes for Govern(ir, 
E F had sixty-two votes for Lieutenant-Governor. 
G H bad sixty votes for Lieutenant-Governor. 
I K had eighty votes for Representative to Congress. 
L M had seventy-thr^e votes for Senator. 
N O had sixty-five votes for Representative. 
P Q had fifty-nine votes for Representative. 

R S had fifty-seven votes for Shenflf, ^ 

T U had twenty-two votes for Coroner. 
V W had thirty votes for County Commissioner, 
and in the same manner for any otber persons, or ofii- 
cers, voted for. Certified by us, 
A B, 

C D, V Judges of the Election, 
E F, 



Attest: G H, 

I J, 



Ckrks of the Elect iom 



Failure of 



60 ELECTIONS^ 

One poll book 'pjjg jy(|ges of the election shall then enclose and seal 
ed totlfe"'^ oae of the poll hooks, undercover, directed to the clerk 
clerk ot Com- of the county commissioners' court of the county in 
inissioners' which such eloctiou is held, and the packet thus sealed 
By"'the iud<-eShidl be conveyed by one of the judges or clerks of the 
or clerk ° electio.i, to be determined by lot, if they cannot other- 
wise agree, and delivered to the said clerk of the county 
commissioners' court, at his office, within four days from 
the close of the polls; and the other poll book shall be 
The other deposited with one of the judges of tiie election, to be 
Iodised with determined as aforesaid; and the poll book shall be sub- 
t ^ ju ges j^^^^ ^^ ^j^^ inspection of any elector who may wish to 
examine it. And if any judge or clerk of an election, 
after having been deputed by the judges of the election, 
at which he shall have served as judge or clerk, to carry 

fuXe'^nr"' *^^^ P^^^ ^^^^ ^'^ '^^^^^ election to the clerk of the county 
clerk to de- commissioners' court of the county, shall fail or neglect 
Jiver to deliver such poll book to the said clerk, within the 

time prescribed by law, safe, with the seal unbroken, he 
How punish- ghj^ii for every such offence forfeit and pay the sum of 
five hundred dollars, for the use of the count}, to be re- 
covered in the name ot the commissioners of the county, 
by an action of debt in the Circuit Court. 

Sec. 15. On the seventh day after the close of the 
open the poll election, or sooner if all the returns be received, the 
clerk of the county commissioners' court, taking to his 
assistance two justices of the peace of his county, shall 
proceed to open the said returns, and make abstract of 
And make ab- ^'^^ votes in the following manner: the abstract of the 
stracts votes for governor and lieutenant governor shall be on 

one sheet, and the abstract of votes for representatives 
to congress shall be on another sheet, and the abstract of 
votes for senator and representatives to the general as- 
sembly shall be on another sheet, and the abstract of 
votes for county officers shall be on another sheet; and 
And certifi- [^ gtiall be the duty of the said clerk of the county com- 
tion^ ^ ^ ^^'missioners' court, immediately to make out a certificate 
of election to each of the persons having the highest 
number of votes for senator and representatives to the 
General Assembly, and county officers, respectively, 
and to deliver such certificate to the person entitled to 
Two or morei^'^^ ^'^ making application for that purpose to the clerk 
counties in at his office: Provided^ however, that where two or more 
oae district counties are united in one senatorial or representative 
district, the clerk of the county commissioners' court of 
the county last established, shall within twelve days 
aCter the day of the election, attend at the office of the 



ELECTIONS. 61 

clerk of the county commissioners' court, of the seriiojr 
county, and there in conjunction with the rlerk or clerks 
of the senior county or counties, shall compare th€ votes 
given in the several counties composing such senatorial 
I or representative district ; and said clerks shall immedi- 
^^ atel V make out a certificate of the election of the person 
or persons having the highest number of votes in such 
counties for senator or representative to the General 
Assembly: which certificate shall be delivered to the 
person entitled to it, on his application to the clerk of 
the county commissioners' court of the senior county, at . . w 

his office: Provided^ also, that in the district composed of nion and 
the counties of Johnson, Union, and Alexander, the sev* AlexaDcler 
eral clerks shall meet at the seat of justice of Union 
county ; in the district composed of the counties of Bond, Bo"t1, Fay- 
Fayette, Montgomery, Shelby, and Tazewell, the several ^ ' 
clerks shall meet at the seat of justice of Fayette county ; pj^e Fulton, 
in the district composed of the counties of Pike, Ful.on, &c. 
Peoria, Schuyler, Adams, and Joe Daviess, the several 
clerks shall meet at the seat of justice of Schuyler coun- 
1ty; to compare the returns of votes given within such 
districts, for senators or representatives, or for either; 
and in every senatorial or representative district, con- 
taining four or more counties, the several clerks shall Clerks to 
meet, on the fifteenth day after the election, for the pur- ^^'^^ within 
pose of comparing the returns of said votes. And it 
shall be the duty of the clerk of the county commission- 
ers' court, in each county, on the receipt of the election 
returns of any general or special election, to make out^ 
his certificate, stating therein the compensation to which tion to judges 
the judges and clerks of each election may be entitled, and clerks 
for their services, and lay the same before the next com- 
missioners' court of the county; and the said court shall 
order the compensation aforesaid to be paid out of the 
county treasury. 

Sec. 16. If the requisite number of senators, or ^ep- pgj.gQ^g j^g^y_ 
resentatives, or county officers, shall not be elected, by jug the high- 
reason of any two or more persons having an equal and ^^t and equal 
the highest number of votes for one and the same office, ""[^gYo°^lg_ 
the clerk, or clerks, whose duty it is to compare the polls, cide by lot: 
shall give notice to the several persons so having the 
highest, and an equal number of votes to attend at the 
office of the proper clerk, at a time to be appointed by 
the said clerk or clerks, who shall then and there proceed 
publicly to decide by lot which of the persons, so hav- 
ing an equal number of votes, shall be declared duly 
elected ; and the said clerk, or clerks, shall make out 



I 



62 el:ections. 

and deliver to the person, thus declared duly elected, a 
certificate of his election as herein before provided. 
Returns to the ^^^* ^^* 'The clerk of the county comnmissioners' 
Secretary of court, innmediately after making out abstracts of votes 
State given in his county, shall make a copy of each of suid 

abstracts, and transmit it by mail to the office of the sec- 
retary of state; the abstract ol votes for goveri^.or and 
lieutenant-governor, being addressed to the speaker of 
the House of Representatives, and enclosed with the other 
abstracts to the secretary's office as aforesaid ; -and it 
shall be the duty of the secretary of state, at the opening 
of the succeeding session of the General Assembly, to 
deliver all such abstracts of votes for governor and iieu- 
• tenant-governor, or for either of them, to the speaker of 

Votes to be ^^^^ House of Representatives. The secretary of state, 
canvassed auditor, treasurer and attorney general, or any two of 
them, in the presence of the governor, shall proceed, 
within fifty days after the election, and sooner, if all the 
returns be received, to canvass the votes given for repre- 
Gov. to grant sentatives to congress; and the governor shall grant a 
certificate certificate of election to the person or persons, having 
the highest number of votes, and shall also issue a procla- 
And issue a mation, declaring the election of such person or persons, 
proclamation jp (.^gg there shall be no choice, by reason of any two or 
more persons having an equal number of votes, the elec- 
tion shall be determined by lot, under the direction of 
the governor, in the manner prescribed in the sixteenth 
section of this act. 
Sec''y. may Sec. 18. If the returns of the election of any county 
employames-j^-j ^-j-j-^ ^f^^iQ ghjjU not be received at the office of the 

secretary of state, within thirty days after the day of 
election, the said secretary shall forthwith send a mes- 
senger to the clerk of the county commissioners' court 
of such county, whose duty it shall be, to furnish the 
said messenger with a copy of such returns; and the 
Compensa- said messenger shall be paid out of the state treasury, 
tion the sura of ten cents for each mile he shall necessarily 

travel, in going to, and returning from the office of the 
said clerk. 
Liberty of re- Sec. 19. Any person who shall receive a certificate 
sigDing of his election as senator or representative to the Gen- 

eral Assembly, sheriff, coroner or county commissioner, 
shall be at liberty to resign such office, though he may 
not have entered upon the execution of its duties, or 
Vacancy how have taken the requisite oath of office. And when any 
filled in case vacancy shall happen in the office of senator or repre- 
senator&c gentative to the General Assembly, by death, resigns- 



ELECTIONS. 



63 



lion or otherwise, the goveinor shall issue a writ of 
election, directed to the sheriff of the county, in which 
such vacancy sUa-H happen, commanding him to notify 
the several juclges of election in his county, to hold a 
special election to fill such vacancy or vacancies, at a 
time to be appointed by the governor: Provided,, that if Proviso 
there is to be no session of the General Assembly, be- 
tween the happening of such vacancy, and the time of 
the general election, it shall not be necessary to order a 
special election to fill such vacancy. And when any 
vacancy shall happen in the ofiice of sheriff or coronor, in case of 
either by death, resignation or otherwise, the clerk of sheriff &c. 
the county commissioners' court, in which such vacancy 
shall happen, shall immediately notify the governor of 
such vacancy; and it shall be the daty of the governor 
to issue a writ of election, and direct the time wlien such Writ of elec- 
election shall be held, the said writ to be directed totion 
the said clerk. And when any vacancy shall happen in Vacancy of 
the ofiice of representative to congress from this state, '"^^'''-i'^ con- 
it shall be the duty of the governor to issue his procla- ^'^^^^ 
mation appointing a day to hold a special election to fill 
such vacancy. 

Sec. 20. If any vacancy shall happen in the ofiice Vacancy c^ 
of governor, by death, resignation, removal from office, S^v. 
or refusal by the governor elect to take the requisite 
oath of office, it shall be the duty of the secretary of 
state to notify the clerks of the" county commissioners' 
courts of the several counties in this state, that at the 
next succeeding general election of members of the 
General Assembly, or electors of president and vice 
president, (as the case may be) an election will be held 
to fill such vacancy; Provided^ hozoever^ that the secre- 
tary shall not give such notice, nor shal) such special 
election of governor take place, unless the vacancy, 
shall have happened at least forty days previous to 
such general election for members of the General As- 
sembly, or of electors of president and vice president of 
the United States, nor unless a regular session of the 
General Assembly shall intervene, between the time 
when such vacancy shall have happened, and the suc- 
ceeding quadrennial election of governor. 

Sec. 21. If any candidate of the proper county. Contested 
shall desire to contest the validity of any election, or^^^^^*®"^ 
the right of any person declared duly elected to hold Senatoror 
his seat in the Senate or House of Representatives of ^^'^^j,^ J*^^^^ 
the General Assembly, such candidate shall give notice sembly 
of his intention in writing, to the person whose election 



64 



ELECTIONS. 



U 



he intends to contest, or leave a notice thereof at his 
usual place of residt nee, within tiiirty days after the 
day of election, expressing the points on which the same 
Taking depo-willbe contested, the name of one of the justices of the 
fitions peace who will attend at the taking of the depositions, 

the place where, and the time when Ihe said depositions 
will he taken; which time, so fixed upon for the taking 
of the depositions, shall not exceed sixty days from the 
day of election; and the party whose election is con- 
tested, shall have a right to select another justice of the 
peace, and the two justices so selected, shall make 
choice of a third justice, and if they fail to agree upon 
a third justice to act with them, they shall proceed to 
select, by lot, a justice of the peace, who shall preside 
withi+icm at the taking of such testimony; and the three 
justices, thus selected, or a majority of them, shall have 
power, and they are hereby authorized to issue subpoenas 
to all persons whose testimony may be required by either 
of the parties, commanding such person or persons 
to appear and give testimony at the time and place 
thf rein mentioned, under the penalty of fifty dollars, to 
levied on each and every delinquent who has been duly 
served with process: ProrzV/e^, however, that should the 
person, whose election is contested, fail to nominate a 
justice as aforesaid, it shall be the duty of the justice 
nominated, by the person contesting the election as 
aforesaid, to select a justice of the peace, who shall pro- 
ceed as above stated. And if a?iy witness, or witnesses 
summoned as aforesaid, shall fail or refuse to appear at 
the time specified in said notice, it shall be lawful for said 
I ' justices, or either of them, to issue an attachment 

j against such witness or witnesses, and the testimony of 

I him, her, or them, so failing or refusing to appear, may 

f be taken, at any time, before the next session of the 

Legislature thereafter, by giving five days notice to the 
party whose election is so contested, and to the party 
I contesting the same; and if any justice of the peace 

I selected, as aforesaid, to attend at the taking of the 

I depositions, shall without reasoi^able excuse, fail or re- 

fuse to attend at the time and place appointed, after 
having undertaken to attend, he shall forfeit and pay a 
fii.e of fifty dollars, to be recovered by action of debt, 
f In any court having cogrizance thereof, one half to the 

f county, and the other half to the per>^on who will sue 

j for the same. And the said justices when met, shall 

I hear, and ct^rtifv under seal, all tesiiraonv relative to the 

i ^id.cpntested election to the speaker of the Senate, or 



ELECTIONS, ^ 

io the speaker of the House of Representatives, as the 
case may require. And no testimoiiy shall be heard by 
thesaid justices, on the part of the person contesting the 
election, which does not relate to the points specified in 
the notice, a copy of which notice, attested by the per- 
son who served or delivered the same, shall be delivered 
-to the said justices, and by them transmitted with the 
other documei:ts to the speaker of the Senate, or to the 
speaker of the House of Representatives, to whichever 
body, the person, whose election is contested, belongs, incase of 

Sec. 22. When any candidate shall desire to contest Bheriff, coro- 
the validity of any election, or the right of any person ner, county ^ 
declared duly elected, to hold and exercise the office of^*^"^^ * 
sheriff, coroner, or county commissioner, such candidate 
so contesting the election as aforesaid, shall proceed in 
all respects in the manner prescribed in the foregoing 
section, except that the documents taken relative to such 
contested election, shall be transmitted with the notice 
aforesaid, to the judge or justice of the Supreme Court, 
presiding in the circuit to which the county belongs, in 
which such contested election shall take place, ten days 
notice having been given to both parties of the time 
when,and the place where, such judge or justice of the 
Supreme Court will be called upon to decide such con- 
tested election, at which time both parties shall have a 
right to be heard by themselves or counsel. And the 
saidjadge or justice shall forthwith proceed to examine 
said documents, and declare which of said candidates 
shall, in his opinion, have been duly elected, and the de- 
cision of such judge or justice in relation to such con- 
tested election, shall be final. 

Sec. 23. If any judge of the election, or clerk, or 
any other officer or person, in any manner concerned in 
conducting the election, shall wilfully neglect, improper- 
ly delay, or refuse to perform any of the duties required 
by this act, after having undertaken to perform such Penalty of 
duties, he shall forfeit and pay to the state the sum of J^^^^^e^ ^^cPk* 
forty dollars; and if any such judge of the election,^c 
clerk, or other officer or person, in any wise concerned 
in conducting the election, shall knowingly admit any 
person to vote, not qualified according to law, or shall 
knowingly receive and count more than one vote from And for otiier 
one person, at the same election for one office, or shah misconduct 
be guilty of fraud, corruption or partiality, or manifest 
misbehaviour, in any matter or thing relating to said 
election, each and every person so offending shall forfeit 
and pay to the county the sum of one hundred dollars, tO' 

G 



^> 



ELECTIONS. 



Tobeciisqual 
ified 



Refusing to 
admit voters 



! = 



proviso 



'Vacancy of 
senator &c 

How filled 



Vacancy in 
tliQ office of 



be recovered in any court of record in the state, in the 
name of the state, for the use of the county, in an action 
of debt, with costs of suit, or at the suit of any person 
who may sue for the same, one half for the use of the 
person suing, and the other half for the use of the coun- 
ty ; and every such person so offending as aforesaid, shall 
moreover, on conviction, be rendered incapable of hold- 
ing any office within this state for the term of ten years 
thereafter. If any judges of election shall wilfully 
refuse to receive the vote of any elector, who has a right 
according to the constitution and laws of this state, to 
vote at the polls where such judges preside, and who, 
being challenged, shall offer to take the oath prescribed 
in sucti case by this act, such judges of election, so re- 
fusing shall be liable to the penalty of fifty dollars, to be 
recovered by action of debt, in the name of the state, 
or of any person who may sue for the same, one half of 
the said fine to go to the use of the county, and the oth- 
er half to the use of the person suing: Provided^ that noth- 
ing in this act shall be so construed, as to prevent the judg- 
es of election from refusing to receive the vote of any per- 
son when it shall be proved to the satisfaction of a majority 
of them, that in taking the said oath, he shall have sworn 
falsely. And if any judge of election shall order to be 
received the vote of any person, who, being challenged, 
«hall not take the oath, or affirmation, prescribed by law 
such judge of election, so offending, shall forfeit and pay 
the sum of fifty dollars, to be recovered by action of 
debt, in the name of the state, or of any person suing 
therjefor, the one half of said fine for the use of the 
county, and the other half for the use of the person suing. 
Sec. 24. When any vacancy shall happen in the office 
of senator or representative, to the General Assembly^ by 
death, removal or otherwise, it shall be the duty of the 
clerk of the county commissioners' court of the county,if 
,one county only compose the senatorial or representative 
district, as soon as he shall have been informed thereof, 
to notify the governor of such vacancy, and if there 
be more than one county comprised within the limits of 
such senatorial or representative district, it shall be the 
duty of the clerk of the county commissioners' court of 
the senior county, in such district so to notify the gover- 
nor, and the governor, immediately upon his receiving 
such notification, shall proceed in the same manner as is 
prescribed, for other cases, in the 19th section of this act. 
And whenever any vacancy shall happen in the office of 
governor, cither by death, removal, resignation, refusal 
to qualify, or any other cai^se, in shall be the duty of 



ELECTIONS. 



67 



Che secretary of state to notify the different sheriffs 
throughout the state, and order an election to be held to 
fill such vacancy, at the next succeeding election of rep- 
resentatives to the General Assembly, and it shall be law- 
ful for the people at the said election for representatives 
to elect a person to fill such vacancy: Provided^ that 
such vacancy shall happen at least one month previous 
to such election, and provided also, that such election 
shall take place previous to the stated quadrennial elec- 
tion of governor. Election t be 

Sec. 25. On the first Monday in August, one thou- held on the" 
'Sand eight hundred and thirty, and on the first Monday ist Monday 
in August biennally thereafter, there shall be an election *" ^"^ ^ 
in each county in this state, for representatives to the Andbienniallj 
General Assembly; senators, where under the provisions thereafter for 
of the constitution of this state, a senator shall have to?^" Assam 
be elected; one sheriff; one coroner; and three county 
commissioners. And there shall be held on the said first Andquadrien- 
Monday in August, 1330, and quadriennially thereafter, J^^^J'y*^^'"^^!^ 
an election throughout this state, for governor and lieu- ^t Gov 
tenant-governor. 

Sec. 26. On the first Monday of August, in the year 
one thousand eight hundred and thirty -one, and on the For congress 
first Monday of August, one thousand eight hundred and' on the fst 
thirty-twoy and on the first Monday of August, every ^°°^^^.*° 4 
second year thereafter, an election shall be held for so 32 f nd bien-" 
many representatives to congress, as this state shall be niallythereaf- 
entitled to at that time. ^^^ 

Sec 27. >sothing in this act shall be so construed as 

to authorize the clerks of the county commissioners' Clerks not 

courts to reject the whole, or any part of the votes taken empowered to 
„j. 11 • r 1 reject votes 

at any poll m pursuance of law. '' 

Sec. 28. There shall be allowed out of the county 

treasury of each county, to the several judges and clerks ^^'"P^^^f" 

of election, such compensation, not exceeding one dollar and judge's 
per day, as the county commissioners' courts shall deem 
proper to allow; and to the person carrying the polls 
from the place of election to the clerk's office, the sum of 
five cents per mile, for going and returning. The coun- 
ty commissioners' courts shall also allow to the clerks of 
election such compensation as they shall deem just, for 
any stationary such clerk may furnish for the purposes 
of the election. a 

Sec. 29. In case any person, declared duly elected Electors of 
an elector of president and vice-president of the United president &c 
States, shall fail to attend at the state-house, at the seat^* attending 

C f ^ ' ^ r ^ ^ r ^^ TOtC vacatt- 

ot government of this state, at or before the hour of 1 2 cy to be filled 
o'clock at noon, of the day on which his vote is required 



68 



ELECTIO^\Si 



^fpviso 






to be given, it shall be the du^j of the elector or electors 
of president and vice-president, attending at that tinne 
and place, to appoint a person or persons to fill such va- 
cancy: Provided^ that should the person, or persons, 
Proviso ^I^Qjjgj^ by the people as aforesaid, arrive at the place 
aforesaid, before the votes for president and vice-presi- 
dent are actually '^ven, the person, or persons appoint- 
ed to fill such vacancy, shall not act as elector of presi- 
dent and vice-president. 

Sec. 30. The act entitled an act regulating elections, 
approved, March 1.^ 1819; and the act to provide for a 
A(?ts repeated new election in case of vacancy in the office of governor^ 
approved, February 2^6, 1819; and the act, entitled an 
act regulating elections, approved, February 3, 1821; 
the act entitled an act regulating elections, approved, 
January 3, T823; and the act entitled an act supple- 
mentary to the act regulating elections, approved, Janu- 
ary 17, 1825, are hereby severally repealed. Provided j 
that nothing in this act contained, shall be so construed 
as to interfere with the provisions of an act to provide' 
for the election of justices of the peace and constables^ 
approved, December 30, 1826; but the elections of jus- 
tices of the peace and constables shall, in all respects, 
not conflicting with the provisions of the last recited act, 
be conducted according to the provisions of this act; nor 
shall any thing in this act contained, be so construed as 
to interfere with the provisions of an act concerning 
s^heriffsand coroners, approved, February 12, 1827. 

Sec. 31. In all elections by the General Assembly, or 
by either House thereof, (elections of justices of the 
Supreme Court, and judgesjof inferior courts excepted) 
the member shall vote viva voce^ and their votes shall be 
entered upon the journals. Elections by joint vote of 
the two houses shall be made in the hall of the House of 
Representatives, at such time as shall have been previ- 
ously appointed by joint resolution of the two houses; 
and at all such joint meetings the speaker of the House 
of Representatives shall preside. Elections of justices 
of the Supreme Court and judges of inferior Courts 
shall be made by joint ballot of both houses, in the hall 
of the House of Representatives, the speaker of which 
shall appoint a member of each house to act as tellers. 
No person shall be decUred duly elected by tlie General 
Assembly, or either branch thereof, until he shall have 
received a majority of all the votes given, blank votes 
included. 

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

[Approved Januarif 10, 1829^] 



Ejections by 
the General 
Asaemblj 



ENCLOSURES & C03IM0N FIELDS 69 



■AN ACT TO REGULATE THE ENCLOSING AND CULTIVATING 
OF COMMON FIELDS. 

Sec. 1. Be it enacted by the People of the State of in force 
Illinois^ represented in the General Assembly^ and it is here- fkb.23^ 1819 
by enacted by the authority of the same, That those who 
are or shall be proprietors or owners of land, in any field 
that is now occupied, used and declared, or that shall 
hereafter be occupied, used or declared to be a common 
field, may meet together, by themselves or agents, an- 
nually, on the first Monday in March,or such other days 
as they shall appoint, at some convenient place by them 
appointed, for the purpose of making such rules and re- 
gulations as to them shall seem meet, for the well order- 
ing of the affairs of such field with respect to fencing and 
cultivation, and all other things necessary for the well 
managing the same, for the common interest of such pro- 
prietors; in which meetings the proprietors of such field, 
shall have full power by their major vote, to be comput- 
ed by interest, to order all such affairs and make such 
regulations, as they shall deem proper and expedient for 
the purpose aforesaid: Provided always, That any per- 
son, who is a proprietor in any common field, may at any 
time hereafter, separate his, her or their land, from such 
common field, by fencing the same, subject only to mak- 
ing and keeping in repair fences in like manner as per- 
sons having enclosures adjoining to the common fields, 
as by this law directed. 

Sec, '2. That better to enable them to carry on and 
manage the affairs of such fields, they are hereby au- 
thorized and empowered, to elect a chairman, clerk and 
treasurer, who shall be sworn to the faithful discharge 
of their duties, respectively; and the clerk shall enter 
and record all the acts, votes and resolutions of the said 
proprietors relating to the management of the said com- 
mon fields; and shall continue in his office until another 
shall be chosen and qualified to serve in his room; and 
that the election of chairmain, clerk and treasurer, shall 
be annually, or otherwise as shall be determined by the 
said proprietors, or a majority of them in their lawful 
meetings assembled. 

Sec 3. That for the better management of their com- 
mon fields, they shall choose a committee of three per- 
sons, which shall be st\led "the field committee," who 
shall he sworn to a faithful discharge of their duties; the 
said committee may call a meeting of the proprietors of 



^0 ^.VCLOSURES & f^Ox^lMON FIELDS* 

such field, when they shall judge it needful, by giving 
warning to such of them as live in the town or village, 
verbally, where such fields lie, and to the agents, if any, 
of non-resident proprietors, ten days previous to the time 
of such meetings or by warning such proprietors in such 
other manner as they shall, in their lawful meetings 
agree «pon. 

Sec. 4. That the proprietors of common fields are 
hereby authorized and empowered, at their lawful meet- 
ings, to grant and levy taxes on themselves, when they 
shall judge it needful, according to their several inte- 
rests in such field,^, ^br defraying the charges that may 
ari^e in setting out and designating the proportion of, or 
altering the fence of such fields, in making gates and 
bridge^., or for any other public or common charge, rela- 
ting to such fields; and to appoint assessors and collec- 
tors for the making, apportioning and collectings such 
taxes; which collectors shall have the same power and 
tiuthority, in every respect, as the collectors of county 
taxes; which taxes, when collected, shall be paid into 
the hands of the treasurer, and shall be appropriated, by 
a majority of the proprietors for the common benefit. 

Sec. 5. That the tield committee shall point out and 
designate the place where, and the proportion which, 
each proprietor shall erect of such common fence, and 
every proprietor in such common field shall duly erect 
and maintain, his, her or their proportion of such com- 
mon fence, according to the directions of such commit- 
tee: Provided, such committee shall attend all orders^ 
?ind comply with all regulations of the major part of the 
proprietors of such common field, for the improvement 
thereof, for the common benefit, under the penalties of 
such fines and forfeitures as shall be lawfully annexed to 
the breach or neglect of such orders or regulations. 

Sec. 6. That any person or persons having his, her or 
their part or proportion of common fence designated by 
the said field committee, shall have liberty, in order to 
make or repair the same>, of passing over any person's lot 
or land whatsoever, whenever it shall be necessary, fot 
the purpose aforesaid; and when it shall so happen that 
the line offence, ordered as aforesaid, for the enclosing, 
' -or securing any common field, shall run in upon, or inter- 
sect the fence of any person making a particular enclo- 
sure adjoining the common field, the one half of the divi- 
sion fence between such particular enclosure, and the 
common field as aforesaid, shall be made and maintained 
])y the j)roprietprs of such common field, and the othftf 



* ENCIOSURES & COxlIMON FIELDS^ 71 

"half T>y the owner of such particular enclosure; and if 
any person or persons, wtiose land shall adjoin any such 
common field, shall neglect to keep in repair, and main- 
tain his^ her or their pa it of such fence, after being re- 
quested thereto hy the field committee, in writing under 
their hands, tor the space of ten days, it shall be lawful 
for the said committee to repair the said fence, at the 
proper charges of the delinquent: which expense, after 
being estimated by two reputable freeholders of the town 
or village, wherein such fields are situated, may be re- 
covered by action of debt, before any court having com- 
petent jurisdictions together with costs. 

Sec. 7, That if any pe^-son or persons whose lands 
shall adjoin such common field, shall lay open the same, 
without giving two months notice thereof in writing, 
jodged with the clerk of such common field ; such per- 
son or persons shall be liable to pay all damages that 
may accrue to the proprietors or to any of them, of such 
common fields, to be recovered in any action of damages, 
before any court having competent jurisdiction. 

Se€. 8. That all accounts for any services rendered 
any person acting under the appmntment of, or by the 
direction of the major part of the proprietors of common 
fields, shall be paid out o^f the common treasury of such 
proprietors, after being audited by the field committee, 
except the accounts of such field committee; which last 
mentioned accounts, shall be audited by a special com- 
mittee; and that all orders on the treasurer, shall be 
signed by the chairman, and attested by the clerk; and 
the collectors, shall, for all or any moneys by them paid 
to the treasurer, demand duplicate receipts, one of which 
shall be held by the said collectors, and the other lodged 
with the clerk: the treasurer shall also demand dupli- 
cate receipts for all moneys paid by him, on orders on 
the treasurer, one of which receipts shall be holden by 
the treasurer, and the other lodged with the clerk. 

Sec. 9. That the proprietors of common fields, shall 
have power, by their major votes, in lawful meetings as- 
sembled, to order all such fines and forfeitures, on either, 
or any of themselves, as to them shall seem reasonable, 
for carrying into effect any of their rules and regulations, 
for the common benefit of the said proprietors: Provided 
nevertheless, That the penalty does not exceed the sum 
of five dollars, and that the person or persons thinking 
himself or themselves to be unreasonably or oppressive- 
ly fined, shall have the right to appeal from the judgment 
of said proprietors to the next circuit court, holden for 



72 



ESTRAYS. 



said county: Provided^ That notice of such appeal, shall 
be giveii within ten days after the judgment be given by 
the said proprietors. 

Sec. 10. That the said common field shall be enclosed 
with a good and sutiicient fence, according to law, on or 
before the first day of May in each and every year, or such 
other day as the said proprietors may appoint, and no 
cattle, horses or other animals shall be suffered to be put 
into such fields, for the purpose of depasturing therein, 
between the first day of May and the fifteenth day of No- 
vember in each and every year, or on such other day and 
time as the proprietors may agree upon, under the pen- 
alty of paying ?uch fines, as shall be ordered by the said 
proprietors, in lawful meeting assembled. 

[Approved^ Pebruary'2Z^l^\9.\ 



i 



ESTRAYS. 

IN FORCE, AN ACT TO AMEND AN ACT ENTITLED "AN ACT CONCERNING WATER 
JAN. 22, 1829. CRAFTS, FOUND ADRIFT, LOST GOODS, AND ESTRAY ANIMALS," 
APPROVED JANUARY 10, 1827. 

riow the right Sec. 1. Be it enacted by the people of the state of 
sha^l be vested ^"^^^^^^^ I'fp^^sfnted in the General Assembly^ That in all 
in the taker cases where any estray horse, gelding, mare, colt, mule, 
^?' or ass, neat cattle, sheap, goat, or hog, shall be taken up 

asestrays, and no owner shall apply, to prove his or her 
property, within one year after advertisement shall be 
made thereof, and wiien the val:iation shall not exceed the 
sum of five dollars, the property shall be vested in the 
person taking up the same; but if the valuation thereof 
shall exceed the sum of five dollars, and no owner 
appear to claim the property within the time aforesaid, 
it shall be the duty of the person taking up the same, to 
deliver such animal, so taken up, to the sheriff of the 
county, who shall sell such estray, or estrays, at pubh'c 
auction, to the highest bidder, on a credit of nine months, 
the purchaser giving bond, with security, to be approved 
by said sheriff, payable to said sheriff, o^ his successor 
in office, for the use of the county, the sheriff, previous 
to such sale, having given notice thereof in the manner 
prescribed by the act, to which this is an amendment. 
And if the owner shall appear, and prove his or her 
property, within one year after the sale thereof, as afore- 



How the 
estray may be 
sold. 



Bond for pay- 
ment. 



Notice of 
sale 



Appearance 
of owner 



FERRIES, TOLL BRIDGES AND TURNPIKE ROADS. 73 

said, he shall be entitled to the note for which said prop- 
erty was sold; but if said note has been paid into the 
countj? treasury, the county commissioners of such county 
shall order the same to be paid out of the county treas- 
ury, after deducting such fees and compensation as may 
have accrued. If the appraisement ol any estray, orTaker up 
estrays,. shall exceed five, and does not exceed fifteen wheu prefer* 
dollars, the right therein shall be vested in the taker up, '''''^* ^* P"''^^^° 
by his paying into the count} treasury the appraised 
value thereof, at the expiration of one year, after the 
same shall be advertised. 

Sec. 2. So much of the act, to which this is an amend- j a. 

4- • I 1^ ^u- i ■ u I. ij ^^^^^ repeal^ 

ment, as is repugnant to this act, is hereby repealed ;ed 

but any rights accrued under the provisions of that act 

shall not be impaired or affected hereby. 

[Approved^ January 22, 1829.J 



-^aO^ 



FERRIES, T<>LL BRIDGES AND TURNPIKE ROAD^. 

AN ACT TO AMEND AN " ACT TO PROVIDE FOR THE ESTABLISHMENT In FORCE, 
OF FERRIES, TOLL BRIDGES, AND TURNPIKE ROADS," APPROVED, MaY 1, 182^. 
FEBRUARY 12, 1827. 

Spp. 1. Be it enacted hy the people of the State of Illi- Lawsrepeal- 
nois^ represented in the General Assembly^ That so much ed 
of the act to which this is an amendment, and so much 
of the act entitled " an act supplemental to an act^ en- 
titled 'an act to establish and regulate ferries,' (ap- 
proved, February 20, 1819,) approved, February 12, 
1827,'' as prohibits ti)e establishment of any ferry or 
toll bridge, within three miles of any other ferry or toll 
bridge, heretofore established, or which may hereafter 
be established under the provisions of the acts aforesaid, 
i)e, and the same are hereby repealed. 

Sec. 2. If any person or persons, except those whose Penalty for 
ferries or toll bridges have been, or shalf hereafter b( [^"y*''^'^°"' 
established and confirmed before this act takes effect, 
shall, at any time, run any boat or boats, or other craft, 
or erect any toll bridge or toll bridges, on or across the 
waters of the Mississippi, Ohio, Illinois, or Great Wa- 
bash rivers, within two miles; or on, or across any other 
river, creek or water course in this state, within one 
mile of any such established ferry or toll bridge ; he^ she ^ 



u 



I 



GENERAL ASSEMBLYr 

or they, so offending, shall be liable to the same penal- 
ties and forfeitures as are prescribed in the eleventh 
section of the act to which this is an amendment. 

This act to take effect, from and after the first daj of 
May next. 

[Approved^ January 22, 1829 J 



GENERAL ASSEMBLY. 



IN FORCE, 

Jan. 6, 1825. 



Duty of secre- 
tary of state 



Auditor to 
issue his war 
rant for the 
amount 



To advertise 
to receive 
proposals 



A>J ACT PROVIDING STATIONARY AND FIRB-WOOD FOR THE USE OF 
THE GENERAL ASSEMBLJf. 

Sec. 1. Be it enacted by the people of the state of Illi- 
nois^ represented in the General Assembly^ That previous 
to every session of the General Assembly, it shall be the 
duty of the secretary of state, to provide a sufficient 
quantity of stationary for the use of both branches of 
the General Assembly, and to keep the same in his office, 
or some other safe place, except when it shall become 
his duty to part with it upon application by the proper 
authority. 

Sec. 2. That after having procured a suitable quan- 
tity of stationary, as aforesaid, upon the best terms it 
can be obtained, he shall present his bill (specifying the 
quantity, with charges of transportation, if there be 
any) to the auditor of public accounts, whose duty it 
shall be, to give him a warrant upon the treasurer for the 
amount, if, in his opinion, it shall be just and reasona- 
ble, who shall pay the same out of any moneys in the 
treasury not otherwise appropriated. 

Sec. 3. That the secretary is hereby authorized to 
advertise, if necessary, three months previous to each 
regular meeting of the General Assembly, that he will 
receive proposals for furnishing fire-wood for the use 
of the said assembly, and it is required of him to con- 
tract with the person who w^ill furnish it with the great- 
est certainty, and at the cheapest rate. 

[Approved^ JanvMry 6, 1825.] 



75 



HORSES. 

AN ACT FOR IMPROVING TPE BREED OF HORSES. 1^ FORCE 

JUNE i, 1829, 
Sec. 1. Be it enacted by the people of the state of Illi- 

noiss represented in the General Assembly^ That it shall and Horses run- 
may be lawful for any person to take up any stoned "ing at large 
horse that may be found running at large, out of the ™^^ ^^ ^^^^" 
enclosure of the owner or keeper, more than one year 
old, and shall give notice thereof to the owner or keeper; Notice to the 
and if such owner or keeper shall not take away or«wner 
secure the same, allowing him one day for every fifteen Duty of taker 
miles he may reside from such taker up, the taker up "P 
shall take or show the same to a justice of the peace 
within the county, and if it shall appear to such justice, 
that said horse is more than one year old, he shall issue 
his warrant to some person skilled in the business, to Justice to 
geld such stoned horse, or the same m.ay be shown by »ssue a war- 
the taker up, to any horse farrier or other person of the "^^^ ^ ^^ 
county, well skilled in the age of horses, and if upon 
view and examination, the horse shall be considered of 
the age of one year old, the person so examining, if he 
be skilled in the business, may geld and alter the same ; 
if not, he shall give a certificate relative to the age 
thereof, and the taker up may then take said horse to 
some person skilled as aforesaid, and have the same Care to pre- 
gelded,and in performing the operation, reasonable care serve life 
shall be taken to preserve the life of the animal; but 
should the owner not be known to the taker up, he shall Owner un- 
advertisethe same in three of the most public places in ^°°^"' ^^""^^ 
the county, for ten days, giving a true description there- tised 
of; and if no o-vnerjOr person on his behalf, shall by that Owner not 
time appear, and take charge of said horse, such taker appearing 
up may proceed as above directed, and have the same Horse to be 
gelded ; and the owner shall pay to the taker up the sum gelded 
of two dollars, together with reasonable charges for ad- Owner to pay 
vertising and keeping the same, if the same be adver- ^'^P®^^^* 
tised, and the person altering, shall be paid by the 
person applying to have the same done. 

Sec. 2. It shall not be lawful for any person to alter 
any horse that is known to be kept for covering mares, Horses acci- 
which may accidentally break out of, or from the pos- j|^"g^|Jj^ 
session of the owner or keeper, and foufid running at away 
large: in that case,_the same shall be taken to the owner To be takea 
or keeper, without unnecessary delay, and the owner or '^ t^e owner 
keeper, shall thereupon pay such person so taking up Who shall 
^nd delivering the said horse^ the sum of two dollars;?^ J ®*P^"^ 



76 



HORSES. 



and should the trouble and expenses of taking up, keep- 
ing Audi Jelivering, be extraordinary and great, a further 
and liberal sum shall be paid by the owner or keeper of 
such horse to the person so taking up and delivering; 
Running at but if the owner or keeper of any stoned horse whether 
l^arge bv suf- j^^ ^^ {^^p^ ^^j, QQyQyii^g mares or not, shall negligently 

or wilfully sutFer the same to run at large, out of his 
enclosure, any person may take such horse up, and forth- 
To be gelded with have the same gelded, by some person skilled in the 
business, which shall be done carefully, and the owner 
Owner to pay or keeper shall pay to such taker up, the sum of five 
costs dollars, the taker up paying the fee or charge for geld- 

ing; and the owner or keeper shall, moreover, be liable 
And damages for, and pay all damages which any person may sustain, 
in consequence of such horse runniug at large; and if 
Gelded horses any horse shall die, or be injured in consequence of such 
*^yi"g gelding, the same being carefully done by a person 

skilled in the business, as above contemplated, the own- 
er or keeper thereof, shall have no recourse whatever 
for damages upon such taker up, or person who shall 
have gelded the same. 

Sec. 3. If the owner or keeper of any horse, or 
Ownernot other perspn in his behalf, shall not appear and take 
^ppeann^, charge of the same, after being; altered as aforesaid, the 
^akencareof ^^^er up shall take care of, feed and nourish the same,, 
until said horse shall have recovered, and shall then 
turn the same out, and the owner shall pay to such per- 
son a reasonable sum in money therefor. 

Sec. 4. If any person shall suffer to run at large, 

or keep in any place where other creatures can have 

access to, and become infected, any horse, mare, geldiig, 

mule or ass, that is known to the owner, or the person 

having the same in his care and possession, to be af- 

Olanders, dis- flicted with glanders, distemper, or any other infectious 

temper, &c. disease, he shall be fined in tiie sum of twenty dollars, 

and shall be liable to pay all the damage that may result 

Liability of from such running at large, of such afflicted horse, mare, 

owner gelding, mule or ass, to be recovered before any justice 

of the peace in the county, if the sum of damaj^es be 

under one hundred dollars, otherwise in the Circuit 

Court. 

Indecency in Sec. 5. Any person letting any stallion to any niare, 

letting horses ^^rithin any town or village in this state, the same not 
to inares "^ ~ 7 .^^ 

being incorporated, or injra^diately in the vicinity there- 
of, that may expose such conduct to public view, shall 
flow punish'd be liable to pay a fine not exceeding five dollars, at the 
discretion of any justice of the peace, to whonri com- 
plaint shall be made, with costs of prosecution. 



f^. 



IDIOTS, &G, 77 

S^c. 6. All sums or penalties incurred under the Fines recover- 
provisions of this act, provided the same do not exceed ed before jus- 
one hundred dollars, shall be recovered before any jus- *^^®^ 
ticeof the peace; if above that, in the Circuit Court; Or Circuit 
and appeals shall be allowed, as in other cases, to said Court 
eou rt. 

Sec. 7. The act passed on the twentieth day of Feb- Act repealed 
ruary, 1819, entitled "an act for improving the breed 
of horses," is hereby repealed. 

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

[.Approved, January 3, 1829.] 



— .=^Of^ 



IDIOTS, &G. 

AN ACT REGtJLATING THE ESTATES OF IDIOTS, LUNATirS AND Is FORCE 

PERSONS DISTRACTED, AND FOR OTHER PURPOSES. Feb. 12, 1823 

Sec. 1. Be it enacted by the People of the State of 
Illinois represented in the General Assembly^ That when- n^ (j-f 
ever any idiot, lunatic or distracted person has any es- relations may 
tate, real or personal, the judge of the Circuit Court ^^^^ ^ J"ry to 
of the county in v/hich such id/ot, lunatic or distracted ^JraonT"&c 
person lives, shall, on the application of any creditor or 
relation, or it there be neither creditor or relation, then 
any person living in such county, order a jury to be 
summoiied, to ascertain whether such person be a lu- 
natic, insane or distracted; and if the said jury return, 
in their verdict, that such person is a lunatic, insafie or 
distracted, it shall be the duty of the judge aforesaid, 
to appoint some fit person to be the conservator of such 
idiot, lunatic or distracted person. 

Sec. 2. That the conservator of such estate so ap- Security to be 
pointed, shall enter into botsd with sufticient security, to given by coa=. 
be approved by the said judge, to the treasurer of the ^^^vators 
county in which such idiot, lunatic or distracted person 
resides, in double the amount of such estate, for the 
faiihful discharge of his duty. 

Sec. 3. That such conservator shall have the entire Inventory t® 
care of the estate of such idiot, lunatic or distracted be made, and 
person, both real and personal; and such conservator J^jj."'^]!^ *^ 
shall forthwith make a true and perfect inventory of Court 
said estate, and return the same i::to the office of the 
cierk of the Circuit Court of said county, where it shall 

H 



78 



INSOLVENT DEBTORS. 



be kept on file ; and shall render his account to the judge 
of said court, of the management of such trust, when 
thereto required; and shall be allowed by such judge, 
reasonable compensation for his services. And said 
court shall have power to remove such conservator for 
neglect of duty, or mismanagement of his trust, and 
appoint another in his place. 
Income of Sec 4. That it shall be the duty of such conserva- 

property to be tor, to apply the annual income and the profits thereof, 
supnl^rtancl ^^ ^^^ support of such idiot, lunatic or distracted person, 
educate chil- his or her family. He shall have power to collect all 
dren debts due to such person, and to institute suits for that 

purpose, and to adjust and settle all accounts and debts 
due from him or her; he may sell or dispose of the per- 
sonal estate to pay his or her debts, or to support him 
or her, or his or her families, and to educate the chil- 
dren of the same. 
Conservators Sec. 5. That the said conservator may sue aid be 
^^y ^"^ '^^^^ sued, in every instance, as the representative of the per- 
and prooerty ^on SO insane, lunatic or distracted, and execution may 
piaybesold issue in the name of, and against the said conservator, 
as representative, as aforesaid; and all the property of 
such person may be sold to pay his or her just debts, 
that might or could be sold in other cases. 
Persons being Sec. 7. That if such person, as aforesaid, shall be 
restored to restored to his or her reason, then what remains of his 
shall have ^^ ^^^ property and estate, shall be returned to him or 
possession of her; or in case of his or her death, to his or her h^irs, 
their property g^g^^ul^Qr^ oi. administrators, after a reasonable allow- 
ance to said conservator for his services, to be ascer- 
tained by the judge of said court. 

[Approved^ February 1 2, 1 823,] 



INSOLVENT DEBTORS. 

In forge ^^ ^^'^ ^°^ "^^^ RELIEF or insolvent debtors. 

June 1, 1829. 

Debtors re- Sec. 1. Be it enacted hy the people of the state of lUi- 

fusing to de- nois^ represented in the General J^sembly, That whertever 
m'L'ma^^^^^ -^'^-^^^ ^^ surre!)der his or her estate, 

jissue ' ' lands, tenements, goods or chattels, for the satistkction 

of any execution wlr.ch may be issued against the pro- 



INSOLVENT DEBTORS* 1*9 

periy of any such debtor, it shall and may be lawful for 
the, plain tiff in such execution, or his or her attorney or 
agent, to make affidavit of such fact before any justice 
of the peace of the county, and upon filing such affidavit 
wi'h the clerk of the court from which the execution is- 
sued, or with the justice of the peace who issued such 
execution, it shall be lawful for such clerk, or justice of 
the peace, as the case may be, to issue a ecu sa, against 
the body of such defendant in execution. 

Sec. 2. The judges of probate, in the several coun- Jurisdictioii 
ties in this state, shall have the sole power, in the first ^^i"^g^^°^ 
instance, to hear and determine all applications for dis- '^'^^^ 
charge from imprisonment for debt under this act. 

Sec. 3. When any person shall be arrested for debt Persons desi- 
on execution, or on original process, for the purpose ofio"S"iay be 

being held to bail, and shall be desirous of releasins: his^°"^^^j^^ ^^'n 
o - o lore lucio'es Oi 

or her body from such arrest or imprisonment, by deliv- probate ° 
ering up his or her property, it shall be the duty of tlie 
sheriff, or other officer having the custody of such debtor, 
to convey him or her before the judge of probate of the 
county in which such arrest is made. 

Sec. 4. It shall be the duty of the judge of probate, ^ho shall re- 
before whom any such debtor shall be brought as afore- quire asche- 
said, to require of such debtor a full, fair, and complete ^^^^ 
schedule of all his or her estate, real or personal, includ- of r^mr^ prt tt 
jng money, notes, bonds, bills, objigauons aiid contracts 
for money, or property of any and every dtscription, or 
kind, name, or nature whatsoever, together with a true 
and perfect account of all the debts which he or she And debts 
shall or maybe owing at the time, which schedule shall 
be subscribed by the debtor; who shall also take the fol- 
lowing oath, or affirmation, to wit: '' I do solemnly swear Debtor to 
(or affirm, as the case may be) that the schedule now de-make smd 
livered, and by me subscribed, contains to the bestolmy subscnbeoafh 
knowledge and belief, a full, tru<^ and perfect account 
and discovery of all the estate, lands, tenements, heredi- 
taments, goods, chattels and effects, unto me in any wise 
belonging, and such debts as are unto me owing, or unto 
any person or persons for me, or in trust for me, and of 
all securities and contracts whereby any money may be- 
come due or payable, or any advantage or benefit ac- 
crue to me, or to my use, or to any person or persons for 
me, or in trust for me; that I have not lands, money, or 
any other estate, real or personal, in possession, rever- 
sion, or remainder, which is not set forth in this sche- 
dule; nor have I, at any day or time, directly or indi- 
rectly, sold, lessened in value, or otherwise disposed of, 



80 INSOLVENT DEBTORS. 

all or any part of my lands, money, goods, stock, debtg^ 
securities, contracts, or estate, w hereby to secure tlie 
same, or to receive, or expect to receive, any profit or 
advantage therefrom, to defraud any creditor, or credi- 
tors, to whom I am indebted in any wise whatsoever; 
and also, that this schedule contains a true and perfect 
account of all the debts which I owe to any and every 
person whatsoever." Which oath, or atHrmation, shall 
Which shall be subscribed by the debtor, and certified by the judge, 
the^fudffe'^ ^ ^^ ^^y ^^^ oaths, or affirmations, which it may be neces- 
sary for him to administer in the discnarge of the duties 
assigned him by this act. 
Creditors may Sec. 5. Any creditor of such debtor, shall have the 
rontest right to appear before the judge of probai^e, and contest 

the trutii of such scliedule, and may for that purpose call 
such witnesses as he or she shall deem necessary; and 
the judge shall issue suopoenas, and compel the atten- 
dance of witnesses, in the same manner as the judges of 
the Circuit Courts do in term time. 
Examination Sec. 6. The judges shall have power to adjourn or 
may be ad- continue the examination of any such debtor to aj^y con- 
jouru venient time, not exceeding thirty days, upon the said 

debtor giving security for his appear ince, and also for 
Upon giving the surrender of all the goods, chattels, and estate, men- 
bond tioned in his schedule, at the day or time to which such 

examination may stand continued or adjourned. 
As>ionee may ^^^* ^' lf''^^^er full investigation, and fair examina- 
ht, u])|)oiiited tion of the debtor, and the witnesses, if any, it shall ap- 
pear to the judge that the proceedings on the part of the 
said debtor are fair, just and honest, it shall be the duty 
of the judge to name some fit person to act as assignee 
of the said debtor, and such debtor shall immediately, 
by endorsement on the back of such schedule, assign all, 
or so much of his property therein mentioned, as will in 
the opinion of the judge be sufficient lo pay all the debts, 
interest, costs, and charges, in such schedule mentioned, 
to the person so named as assignee; and such assign- 
ment, so made, shall absolutely vest in such assigjiee, all 
the interest of such debtor, in and to the said estate, so 
assigned for the use of the creditor or creditors of such 
debtor. 
Discharge Sec 8. Whenever the said debtor shall produce to 

how granted j|^^ judge, a receipt of the assignee of such debtor, cer- 
tifying that he has received all the estate, property, 
goods, chattels, and effi?cts so assigned to him, then it 
shall be the duty of the said judge to give to such debtor 
a discharge, in writing, from imprisonment ; and the of- 



INSOLVENT DEBTORS. 



81 



iicer having the custody of the said debtor, shall, on the 

produciion of such discharge, forthwith liberate such 

debtor from arrest or imprisonment; and such discharge 

from arrest or imj)risonment, shall exempt the said debt- And ofwhatt 

or from arrest on account of any debt mentioned in said ^^^^^ 

schedule, until the same shall be vacated b) due course 

of law. 

Sec. 9. Any creditor thinking himself or herself ag- 
grieved by any such discharge, shall and may be allowed ^PP^^^ 
an appeal to the next Circuit Court, to be held in the 
cou?(ty, upon his or her giving bond, with security, to 
prosecute the said appeal at the next circuit court, and 
to pay all co^ts and damages which m.j accrue to the 
party seeking such discharge ; which bond shali be made 
payable to the judge of probate, or his successor in of- 
fice^ as shall all other bonds which may be given by au- 
thority of this act; and the said bond shall be filed with 
the judge of probate. 

Sec. 10. Upon application of any debtor for a dis- 
charge irom impriso mient under this act, and refusal of 
the judge to make cin assignee, or to grant a discharge 
from impriso:ime}:t, the said applicant shall be allowed 
to appeal to the next circuit court, to be held in said 
county, upon said applicant's entering into bond, with 
security, in such sum as the judge shall require, to ap- 
pear on the first day of the next term of the circuit court, 
and abide the decision thereof, and also that he or she 
will not sell or dispose of, or remove or lessen in value, 
any or all of the estate or property mentioned in the 
schedule of such applicant, but that the same shall be 
forthcoming, arid subject to the order of the said court; 
and upon such debtor entering into such bond, it shall 
be the duly of the said judge to certify the whole of the 
proceedings, which have been had before him, to the 
said circuit court, on the first day of the term thereof. 
All appeals shall be prayed before the judge at the time 
of trial or within ten days thereafler. 

Sec. 11. No assignee shall sell any property assigned 

to him by any debtor as aforesaid, durinoj the pendency Pf*"*/, ®^ * 
c 1..1 • •. .1 ^L 1 •'f, perishable na- 

oi any appeal to the circuit court, unless the same beoitureonly to 

a perishable nature, and such as will be materially injured be sold 

in its value by delay. 

Sec. 12. The circuit court, at the term to which the Proceedings 

proceedings shall be returned, shall (unless for good ^^ ^-^-^ '^"cu ^ 

cause) proceed to hear and determine the matter, and^*^"*^ 

shall empannel a jury <^o find the flicts, at the renue tof 

either party, admitting all necessary evidence, and shall 



82 INSOLVENT DEBTORS. 

make such order therein as justice and equity may re- 
quire, affirming or reversing the whole, or any part, of 
the proceedings of the judge of probate, and doing all 
things that nr:ay be necessary to effect the objects of this 
act. 
Arrests for ^^^' ^^' ^^ every case where a debtor is arrested on 

fraud and tri- affidavit, charging such debtor with fraud, and being de- 
althereon girous of releasiiig his or her body Irom arrest or impris- 
onment, it shall be the duty of the sheriff, or other officer 
having the custody of such debtor, forthwith to convey 
him or her before the judge of probate of the county? 
whose duty it shall be to issue a venire to the sheriff, or 
other officer having custody of such debtor, commajidir.'g 
him forthwith to summon seven reputable householders 
of the neighbourhood, to assemble before the said judge 
as a jury, who shall be sworn to try the fact of fraud 
with w^hich such debtor shall stand charged. • 

Verdict 01 the ^^^" ^^' ^' ^^^^^^ ^^^^ hearing of the parlies, the jury 
jury shall fir.d a verdict of " guilty of fraud," against such 

debtor, he or she shall be imprisoned until he or she 
shall comply wath the requisitions of the fourth section' 
of this act: but if the jury fir.d such debtoi '-not guil- 
And judgment ty of fraud," then the maker of such affidavit, as afore- 
ibereoo said, shall pay all such costs as may have accrued in 

consequence of such arrest or imprisonment, and the 
debtor shall be discharged from such arrest or imprison- 
ment: Provided, always, that cither party shall have the 
right to an appeal, upo:i the same conditions as in other 
cases under this act. 
Jury allowed Sec. 15. Every debtor arrested on any civil suitor 

to debtor in process, shall upon eoiP.p; before the judge of probate, if 
case of refusal f i ii i • ^u ~ i. n i • r 

he snail desire ine same, be allowed a jury oi seven 

householders of the neigljbourhood, who shall be sworn 
to try the fict of refusal to surrendv.^r the property of 
such debtor for the benefit of his, or her creditor, and if 
the jury return or fi d a verdict of " guilty of such refu- 
sal," then such debior shall be compelled to surrender 
bis or her property, or schedule his or her property, as 

Judgment provided in the fourth section of this act; but if the jury 
find such debtor "not guilty" of refusing to surrender, 
then such debtor shall be forthwith discharged. 

Duty of as- Sec. 1 6. Every assignee, appointed by authority of this 

gignee p^,^^ shall within the space of thirty days after the as- 

signment of the property mentioned in the schedule or 

To advertise inventory of any insolvent debtor, advertise all the per- 
sonal property, goods, orGhattels,mentioncd in such sche- 
dule, at the door of the court house, and in three other 



fi 



INSOLVENT DEBTORS. 



83 



public places in the county, giving twenty days' notice 
of" the time ar.d place of such sale, at which tinnt' ai|d 
place such assignee shall proceed to sell all such person- ^^^^ g^jj ppj.. 
al property, goods and chattels, for the highest price ^onal proper- 
which can be obtained; on a credit of nine months, for^^ 
which he shall take bond with sufficient security; and 
the said assignee sliallalso advertise at the sanrie places, 
as above required for persona! property, the lands and And lands 
tenements contained in such schedule, which shall be 
sold at the door of the court house,o!i the first day of the 
circuit court, next to be holden in the said f ouuty, be- 
tween the hours of eleven in the morning and sun setting 
of said day; but if ^he said circuit court should nor sit 
on such day so appointed for its sitting, then such lands 
and te.tcmeitts shall he sold in the same manner as if said 
court liad been held at the time appointed, to the highest 
bidder, on a credii oi twelve months, the said assignee 
taking bond, witii sufficient security, for the pa) ment 
of the sanje. 

Sec. 17. li shall be the duty of every assigneo, who To make a 
shall sell any lands or tenements by or under authority ^^-ed 
of this act, upori pa^nxient of the purchase money being 
made by the purchaser, to make and execute to such 
purchaser, his heirs, execuiors, administrators, or assigns, 
a deed of conveyance for tlie same, which shall be ac-^n^^ acknow- 
kn wledeed in the same manner as deeds are acknowl- ^^^*^ ^^^ 
edged by sheriffs, and such deed shall vest in the pur-^ 
chaser all the rights of the assignor to such lands and 
tenements. 

Sec. 18. It shall be the duty of every assignee of any rp^ g^^^j^ ^.^^^ 
insolvent debtor, within eighteen m.onths after such as the court of 
signment, to make a settlement of the estate of such in- P'Obate 
solvent debtor before the judge of probate, giving thirty 
days public notice of the time of making such settlement ; Notice 
and the judge of probate shall make such order concern- 
ing the distribution thereof, as is made in cases of insol- 
vency of deceased persons; and such assignee shall pay 
the creditors of such it^solvent debtor, the amau it of their 
several dividends, within thirty days after such settle- Distribution 
ment; and if the whole amount of debts shall not have 
been collected at the time of making such settlem.ent, ^"^'"®^."^"^ 
then such assignee, shall continue to collect such out- 
standing debts, and, from time to time, make dividends 
of such sums as shall come to his possession, until the 
whole is collected and paid, first deducting such charges ^"^ P^F 
and fees as are by law allowed; and if any thing shall 
remain in the hands of any such assignee, after paying 



84 



INSOLVENT DEBTORS. 



Balance re- 
maining in his 
hands 



Compensa- 
tion to as- 



signee 



Fees of judge 
of probate 



Judge of pro- 
bate insolvent 
to pn ceed be- 
fore CO. com. 

False oath 



Effect of dis- 
cliarge under 
this act 



Acts repealed 



all such debts as are mentioned in such schedule, toge- 
ther with the costs thereon, then such assignee shall paj 
over the sam;^ to the said debtor, his or her heirs, execu- 
tors, administrators or assigns. 

Sec 19. The judge of probate is hereby authorized 
to allow every assignee, who shall be appointed under 
the provisions of this act, such compensation as shall be 
reasonable and just for the services which he slmll be 
necessarily called upon to perform, in the discharge of 
his duties as assignee. 

Sec. 20. The judge of probate shall be allowed the 
same fees for services rer.dered by authorit) of thi- act, 
as he is allowed for similar services in the court of pro- 
bate, ii; adf^iition to the sum of two dollars for the exam- 
ination of each applicant for a disrhaige under this act, 
and one dollar for each discharge hy him granted to such 
debtor, as aforesaid. 

Sec. 21. In case of the insolvency of any judge of pro- 
bate within this state, the same proceedings shall be had 
agaiiist him, before any county commissioner of the coun- 
ty, as are pres'^ribed for otiier debtors b) this act. 

Sec 22. Any debtor who shall be convicted of taking 
a false oath, under any of the provisions of this ae;, shall 
be deemed guilty of wilful perjury, and shall suffer the 
pains and penalties imposed by law therefor. 

Sec. 23. Any debtor, who shall obtain a discharge 
under this act, and who sh.dl have acted honestly and 
without fraud, shall for ever after be discharged from 
imprisonment, on account' of any debt or debts thai he 
may owe at the time of obtaining such discharge, and 
that may be contained in the schedule required to be 
made by this act; and the certificate of the judge of pro- 
bate of such discharge, shall protect such debtor from 
imprisonment, in all cases where any action may be 
brought against him for any such debt, or debts, as a- 
foresaid. 

Sec 24. An act entitled " An act to abolish impris- 
onment, for debt in certain cases," approved February 
17, 1823; and the 11th, 12th, 13<h, 14th, l^ih, 16th, 
17th, 18th, 19th, 20th, 2ist, and 22nd sections of an 
"Act establishing courts of probate," approved Febru- 
ary lOth, 1821, are hereby repealed. This act to take 
effect on the first day of June next. 

[Approved^ January 12, 1829.] 



85 



JUDGMENTS AND EXECUTIONS. ,J^ ^orce 

May I, 1825, 

AN ACT CONCERNING JUDGMENTS AND EXECUTIONS. 

Sec. 1. Be it enacted by the people of the state of 
Illinois represe uteri in the G'^neral Assemljli/^ That all uiid 
sipgujar ihe gouds and c.iattels5l -nds,tei>ements and real 
estate of f^voiy persnn against ^vhom any judgniot has CJoods, chat- 
been, or hereafter shall be obtained, iuany court of rec- -^'^ "''^ '^"/5^ 

1.1 I • - 111 ''''-"J '■" ■"'" 

ord, eilner at law or m equitv, tor any debt, damages, on execution 

costs, or other sum of money, shall be lial)le to be sold 
upon execution to be issued upon such judgment; and 
the said judgm-J^t shall he a lien on such lands, tene- judgments a 
ments a; id real estate, from the last da\ o( the term of Hen 
the court in which the same may be rendered, for the 
period of seven years: Provided, ihat execution be issued Proviso 
at any time within one year on such judgment, and 
from a-id after the said seven years, the same shall cease 
to be alien on any real estate as against bona fide pur- 
chasers, or su!)sequent incumbrances, by mortgage, judg- 
ment, or otherwise: Pror ?>/€-'/, that in case the party in p^^^-g^ 
whose favouranysuch judgment shall have been entered, 
shall be restrained by injunction out of chancery, or or- 
der of any judge or court, either from issuing execution 
or selling thereon, the time which he shall be so restrain- 
ed shall not be deemed or considered, as any part of the 
said seven years. 

Sec. 2. That when any judgment shall have become 
a lien as aforesaid, and the defendant happen to die 
before execution shall have been issued thereon, the Defend't dy 
remedy of the person in whose favour the said judgment '"S before ex- 
shall have been rendered, shall not be delayed orre^^edy not^ 
suspended by reason of the. non-age of any heir or delayed &c 
heirs of such defendant;. but no execution shall issue 
upon such judgment until the expiration of one year 
after the death of such defendant; nor shall any previ* 
ous law of this state, which gives no preference to the 
claims of a creditor of a deceased debtor, be so constru- 
ed as to impair or affect the lien of any judgment as 
aforesaid. 

Sec. 3. That the legal holder or holders by record, ^ ..^ 

of any certificate of purchase of lands from the United land liable to 

States, shall be deemed to be within the true intent and execution 

meaning of this act. 

Sec. 4. That in all executions to be issued upon I'J*^';f'*^"«^" 
• 1 If I 1 r ed on judgr- 

.ludgments hereaiter to be recovered upon contracts meats 



86 JLDCMENTS AND EXECUTIONS. 

either express or implied, it shall be lawful to direct the 
coll< cliou of iiiterest ori the said judgment from the 
time of recov<.Ting the same until paid, at the rate of 
six \)(^r centum per annum. 
Execution ^Ec. 5. That it shall be lawful for the party in 

mas issue a- whose favour any judgment as aforesaid may be obtain- 
H * 'iJ^ ^^r f*^'" ^^' ^^ have an execution against the body of such debt- 
fendant " '^^^ or against his goods andciiattels, lands and lenoments, 
in the usual iorm,or both in succession, aud to be directed 
to any cour.ty in tlie state, at the election of su-cn party: 
Proviso Provided^ iiowever, that ro execution shall be issued 

against the body or the goods and chattels, lands a id 
tenements of any heir, executor, or administrator, uoless 
such person shall have made his estate liable to the 
same debt, by false pleadi.ng or otherwise: Aud provided 
also, that no execution shall i-sue against the body of 
such dehtor, except in the manner, and as is provided 
and declared in the act entitled ^'an act to abolish im- 
prisonment for debt in certain cases;" approved Febru- 
ary 17, 182S; but nothing in this act contained, nor in 
the said act abolishing imprisonment for debt, shall 
restrain or prevent any execution being issued against 
the body of any defendant, where the judgment shall 
have been obtamed for a tort or trespass committed by 
said defendant. 
I^xecutionto ^^^* ^* That all executions shall be made returna- 
be returnod in ble ninety days after date, and no writ of execution shall 
90 days bifj^j ^\^q property of the goods and chattels of any per- 

son against whom such writ shall be issued ; but from the 
time that such writ shall be delivered to the sheriff, or 
other officer, to he executed; and for the better maiiifes- 
tationot the said time, the sheriff, or other officer, shall on 
dorse the time ^^^ receipt of every such writ, endorse upon the back 
of receiving thereof, the hour, day of the month, and year, when he 
execution received the same. 

Sec. 7. That in all cases where (executions have 
been issued from the courts of record, and replevied 
pursuant to the laws of this state, the replevy bonds, so 

Replevy taken shall have the same force and effect under this 

bonds to have . ,i *^ u i i i.u i j u 

the force and ^^^t, as they would have under those laws; and when 

effect of judg- executions shall be issued on those bonds, no ftirther 

ments replevy of any kind shall be allowed ; but such proceed- 

Ijjg '^P ^^^^ ings may be had thereon, as in other cases of execution 

under this act. 

Sec. 8. That no lands or tenements shall be sold by 

virtue of any execution aforesaid, unless such sale be at 

public vendue, and between the hours of nine in the 



JUDGMENTS AND EXECUTIONS. 87 

morning and thesetliMgof the sun of the same day, ^^or^^"'^^*^^ ^^ 
unless the time and place of holding such sale shall have miblic^e^idue 
been previously advertised, for the space of twenty 
days, by putting up written or printed notices thereof "^"^ ^® ^^^■^'^" 
in at least three of the most public places in the county ^^^^'^ 
where the lands may be situated, specifying the name of 
the plaintiff and defendant in the execution, and in all 
which notices, the lands or tenements to be sold shall be 
described with reasonable certainty, by setting forth 
their number, or by some other appropriate descrip- 
tion; and if any sheriff or other officer shall sell any 
lands or tenements by virtue of any such execution ^^"^^^y o^^ . 
otherwise than in the manner aforesaid, or without such olatin/7he'" 
previous notice, or if any person shall take down or provisi^ons of 
deface any such notice, previous to the day of sale unless ^^'^ section 
upon satisfaction of the judgment on which sucb^^xecu- kL"<r!ioCn ad" 
tion issued, or without the consent of the plaiiitiffand de- verUsemeut 
fendant herein, th- sher.ffor other officer so offendi[.2:, 
every such offence, forfeit and pay the sum of fifty dollars' 
and every person so offending by taking down or defa- 
cing such notice, shall forfeit and pay the like sum of 
fifty dollars, to be respectively recovered with cost of 
suit, in any court of record in this state, by the person 
whose lands may have been advertised for sale: Prorz- Proviso 
dedhowever, that no such offence, nor shall any irreg- 
ularity on the part of the sheriff or other officer" having 
the execution, be deemed to affect the validity of any 
sale made under it, unless it shall be made appear that 
the purchaser had notice of such irregularity. 

Sec. 9. That wlien any real estate, or personal pro- 
perty, shall be levied upon by virtue of any execution p 
issued as aforesaid, it shall be the duty of the sheriff, or bevaTaed^'' 
other officer making such levy to cause the same to be 
valued or appraised by three disinterested freeholders, 
of the county where the same may be situated, to whom 
he shall administer an oath to make such valuation and 
appraisement according to the best of their judgments, 
which valuation or appraisement shall be entered on the 
back of the execution, or on a paper thereto annexed, 
and subscribed with their names, as appraisers, descri- 
bing the number of acres, if there be more than one 
and upon being expost^d to sale at public vendue as 
aforesaid, the said real estate may be struck off to the ^Y- ^h ^""^^ 
highest bidder for what it will hrir.g, and withoutregard hluiev 
to such valuation or appraisement: Provided howeyer Proviso 
that if the execution, by virtue of which the sale be 
made, shall have been issued upon ajudp-nient hereto- 



^8 JUDGxlIENTS AND EXECUTIONS. 

fore rendered, or on a replevy bond taken or given be- 
fore this act takes effect, or upon a judgment hereafter 
to be rendered upon any contract nnade, or upon a cause 
of action accrued, or liability incurred^ before this act 
takes effect, then and in that case the said premises, 
real estate or personal property, shall not be struck off 
to the highest bidder, unless the bid amount to tvvo- 
if property thirds of such valuation or appraisement. And if the 
will not bring plaintifi' in the execution will not bid two thirds of such 
two thirds its valuation or appraisement, or take the saixl premises or 
'[ real estate or personal property at that rate, or so much 

thereof, at his election, as will satisfy the execution, the 
judgment upon which it issued shall altogether cease to 
ceas^Tto be a '^^ ^ ^^^^ ^^ against all other judgments, or subsequent 
lien bona fide purchasers, or incumbrances by mortgage. 

Proviso judgment, or otherwise: Provided^ always, that the plain- 

tiff in any execution may elect on what property he 
will have the same levied, except the land on which the 
, defendant resides, and his personal property, which shall 
Proviso be last taken in execution: And Provided also, that 

when any property, real or personal, shall be taken in 
execution, if such property be susceptible of division, it 
shall be sold in such quantities as may be necessary to 
sati«;fy such execution and costs. 

Sec. 10. That whenever any lands or tenements 
shall be sold after Uiis net takes effect, by virtue of any 
execution already issued, or that shall hereafter be issu- 
ed, it shall be the duty of the sheriff or other officer, 
Sheriff to give instead of executing a deed for the premises sold, to 
a certificate gj^^ ^^ ^^^ purchaser or purchasers of such land or 
tenements, a cerlifirate in writing, describing the lairds 
or tenements purchased, and the sum paid therefor, or 
if purchased by the plaintiff in the execution, the 
amount of his bid, and the time when the purchaser 
will be entitled to a deed for such lands or tenements, 
unless the same shall be redeemed, as is provided in and 
by this act, and such sheriff or other officer, shall within 

^lT"r ^°t ^^r^^" ^^y^ ^''<^"^ ^^^^ ^^^^9 ^'^ ^" ^^^^ offi» e of the clerk of 
certificate in the county, a duplicate of such certificate, signed by 
clerk's office him: and such certificate, or a certified copy thereof, 

sh ill be taken and deemed evidence of the facts therein 

contained. 

Sec 11. That it shall be lawful for any defendant, 

his heirs, executors, admiiiistrators, or sjrantees, wliose 
Defendant fcc lands or tenements shall be sold after tins act takes efft-ct 
ma-. re( t-em j^ virtue of anv f^xecution wi'hin twelve months from 
in 12 months such sale, to redeem such lands or tenements, by paying 



JUDG^IEXTS AND EXECUTIONS. 



89- 



to the purchaser thereof, his executors, administrators or 
assigns, or to the shenflf or other officer who sold the 
same, for the benefit of such purchaser, the sum of mo- 
ney which may have been paid on the purchase thereof, or 
the amount given, or bid, if purchased by the plaintiff in 
the execution, together with interest thereon at the ^i*^ /^" P®*" 
rate of ten per centum from the time of such sale, and°^ 
on such sum being made as aforesaid, the said sale and 
the certificate thereupon granted, shall be null and void. 

Sec. 1 2. That if default be made by any such de- . 

fendant to redeem the lands or tenements which have jjo^s not re- 
been so sold, it shall be lawful for any other judgment deem judg- 
ereditorto redeem the same in the manner prescribed in '^^"* cTed)tor 
the preceding section, within fifteen months after such , ^^15 ^^Q^^j^g 
sale, and he shall be entitled to all the rights of the 
original purchaser. 

Sec. 13. That if such lands or tenements so sold, 
shall not be redeemed as aforesaid, either by the defendant 
or by such creditor as aforesaid, within fifteen months 
from the time of such sale, it shall be the duty of the 
sheriff or other officer who sold the same, or his succ<^s-p 
sor in office, or his executors or administrators, to com- rede! med 
plete such sale by executing a deed to the purchaser; and sheriff to giv^ 
if any creditor shall redeem such lands or tenements as ^ ^^^^ 
aforesaid, it shall be the duty of the sheriff, or other offi-r 
cer, on the expiration of fifteen month? from the time of ( 
such sale, to execute a deed to such creditor as the orl- 
ginal purchaser; and such deeds shall be as valid and 
effectual in law, as if such creditor had been the originaj 
purchaser. 

Sec. 14. That when a sheriff or other officer shall 
execute a deed for lands or tenements, which he niay ?^^"^'^ "^*^*^ 
have sold by virtue of any execution, it shall be his duty kuAwledged 
to acknowledge the sanie before the clerk of the court before tbe 
whence it issued, or in open court, unless it issued from ^^^ ■ 
the Supreme Court, in which case the acknowledgment 
may be made before the clerk of any county commission- 
ers' or circuit court; and the clerk's certificate of such 
acknowledgment shall be deemed prima facie evidence 
of the execution thereof. 

Sec 15. That when any sheriff or other officer shall 
go out of offi.ce, not having made a deed for any lands o? Sheriff going 
tenements, which he may have sold, bv virtue of ar.- [*"* '^ "^ '^ 

" ' *' nis SMCCCS tip 

execution, it shall be lawful for him, his successors i to juake deed 
office, or if he be dead, for his successor, his executor 
or administrntor, to make and acknowledge a deed for 
the same: and in no case shall the death of a sherilFtake 

K 



90 



JUDGMENTS AND EXECUTIONS. 



perty 



Penalty for 
defacing no- 
tice 



Deputy sherifl- a way or suspend the powers of the depuij sheriff of 
same powers ^^^^ sheriff; but such deputy may do all ads and things 
which he could have donei had the sheriff remained in 
full life, until his powers be superseded by the appoint- 
ment of a principal sheriff. 
™ , , Sec. 16. That no goods or chattels shall be sold by 

tice to be giv Virtue of any execution aforesaid, unless previous notice 
en of sale of of such sale shall have been given, for at least ten days 
personal pro- successively, by putting up written or printed notices 
thereof, in three of the most public places in the county 
where such sale is to be, specifying the time and place 
where such goods and chattels are to be sold; and any 
person or persons who shall take down or deface any 
such advertisement, shall incur the same penalties as are 
hereinbefore imposed for taking down and defacing no- 
tices of the sale of lands and tenements. 

Sec. 17. That whenever a sheriff, constable, or oth- 

Defendant er officer, shall have levied any execution, issued from 

may replevy the courts of record, aforesaid, or upon the judgment of 

JivirTff bond any justice of the peace, rendered in a civil suit or action 

upon the personal property of any defendant, or shall be 

about to make such levy, and the said defendant be 

desirous of retaining the same in his possession, it may 

be lawful for such sheriff, constable or other officer, t© 

take a bond from the defendant with security, that such 

property shall be forthcoming, or delivered, at such time 

and place as may be named in the condition, and that the 

same shall not be disposed of, injured or the like; and a 

bond, so taken, shall not be deemed void, as taken by 

color of office. 

Sec. 18. That if default be made in the payment of 
any sum of money, secured by mortgage, on lands and ten- 
ements, duly executed and recorded, and if the payment 
be by instalments, and the last shall have become due, it 
shall be lawful for the mortgagee, his executors or ad- 
ministrators, to sue out a writ of scire facias, from the 
clerk's office of the circuit court of the county in which 
the said mortgaged premises may be situated, or any part 
thereof, directed to the sheriff, or other proper officer, 
of such county, requiring him to make known to the 
mortgagor, or if he be dead, to his heirs, executors, or 
administrators, to shew cause, if any they have, why 
judgment should not be rendered for such sum of money 
as may be due by virtue of said mortgage: and upon 
the appearance of the party, named as a defendnnt. in 
said writ of scire facias, the court my pro'^eed to judg- 
ment, as in other cases: but if said scire fnciis be return- 
ed nihil; or that the defendant is not found, an alias 



Mortgagee 
may sue for 
scire facias 



JUDG.IIENTS AND EXECUTION^. ^1 

scire facias may be issued; and if it be returned as I<" scire facias 
aforesaid, or if the defendant appear and plead, or ^^/f "[^^'^ 
make default, the court may proceed to give judgment may issue 
with costs, for such sum as may be due by said mortga- 
gee, or appear to be due by the pleadings, or after de- 
fence, if any be made; and also that said nwrtgaged 
premises be sold to satisfy such judgment, and may 
award or direct a special writ of fieri facias, for that Mortgaged 
purpose, to the county or counties in which said mort-P''"P^'',*y ™^2r 
gaged premises may be situate, and on which the like 
proceedings may be had, as in other cases of execntion 
levied upon real estate: Provided however^ that the judg- 
ment aforesaid shall create no lien on any other lands OFp ^^jg^ 
tenements than the mortgaged premises, nor shall any 
Other real or personal property of th€ mortgagor be 
liable to satisfy the same: but nothing herein contained 
shall be so construed as to effect any collateral security, 
given by the mortgagor, for the payment of the same 
sum of money, ^r any part thereof, secured by the mort- 
gage deed. 

Sec. 19. That every person, being the head of a 
family and living with it, shall be permitted to retain 
and enjoy, exempt from execution, one milch cow and 
calf, the wearing apparel of himself and family, necessa- Certain prop- 

ry bed aid beddins^, one spi; ning wheel and pair of ^'^^^^/^'^P* 

J • • i. ^i £a ■ i- c ^u i. ''■°"» taxation 

cards, provisions not more than suriicient tor the support 

of the family three months, and the necessary utensils for 
cooking, and necessary household furniture, not exceeding 
in value fifteen dollars r and if any sherifTor other oflicer 
shall take or seize any of said articles of personal prop- 
erty by virtue of any execution, he shall be liable to the 
party injured for three times the value thereof^ to [be] 
recovered by action of trespass, with costs of suit: provi- 
ded^ that the w^earing apparel of every person shall be 
exempt from execution. 

Sec. 20. That nothing herein contained shall be so 
understood as to impair the existing right of any judg- 
ment debtor to discharge or pay the judgment against 
him in notes of the slate bank of Illinois or its branches. 
And it shall be the duty of all courts, whether of record 
or justices of the peace, where actions are brought on 
contracts which have been or shall hereafter be made for 
the payment of or in notes of the state bank of Illinois, 
to render judgment for the specie value of such notes, at 
the time when such payment ought to have been made, 
according to the terms of such contract. 

Sec. 21. That when notes, bonds, bills, obligations 
mortgages, or other securities, have been or shall here^ 



m 



JUDGMENTS AND EXECtTIONC 



after be made or executed to the president and directors 
of the state bank of IlHnois, and evidently tor the pay- 
ment ol money in the notes of said bank, and judgment 
has been or shall be obtained upon any such note, bond, 
bill, obHgation, mortgage, or other security, by reducing 
the number of dollars therein expressed, to their specie 
value, it shall be lawful and the duty of every such 
Judgments in judgment debtor to satisfy and discharge the same judg* 
^?T b °k*^^ '"^"*' ^^ ^^^ execution which may be issued thereon, 
by paying the same number of dollars in the notes of the 
said bank, as are or may be specified in such note with 
Must be paid the addition of interest and costs in like manner paya- 
in bills of that ble. And when judgment shad hereafter be rendered 
iustttuiioB upon any such note, bond, bill, obligation, mortgage or 
other security, it shall be the duty of the court, immedi- 
ately after entering the judgment, to note upon the rec- 
ord, by way of memorandum, the number of dollars in 
notes of the said bank, with interest then due thereon. 
And whenever execution shall or may issue on such judg- 
ment, the clerk shall endorse the same note or memor- 
andum on the back of the execution, and paying the sum 
so endorsed, with interest thereafter accruing, and costs 
in the notes of the said bank, shall discharge the execu- 
tion and judgment: and in case of refusal to pay the 
same, the sheriff or other officer having the execution, 
shall collect it In specie, or in the notes of said bank, as 
in other cases of execution. 

Sec. 22. That not nothing in this act contained shall 
be so construed as to apply to judgments rendered by 
justices of the peace on executions issued by them, ex- 
cept sections seventeen and nineteen. 

Sec, 28. That a party out of term intending to 
move to set aside or quash any execution, replevin bond, 
or other proceedings, may apply to the judge at his 
chamber for a certificate, (and which the said judge may 
in his discretion grant) certifying that there is probable 
Judge may cause for staying further proceedings until the order of 
grant order to the court on the motion; and a service of a copy of the 
staj/execution j,^,j.(^jg^y^g jj|- ^\^q time of, or after the service of tbe no- 
tice of the motion, shall thenceforth stay all furtlier pro- 
ceedings accordingly. 

Sec. 24. That the act entitled " an act concerning 

judgments and executions,'' approved, February^ 17, 

1823; and the acts and parts of acts thereby repealed. 

Certain acts be^ and the same are hereby declared to be repealed. 

Fepealed This act to take effect from and after the first day of May 

next. 

[Approved, January/ 17, 1825.] 



93 



JUSTICES OF THE PEACE AND CONSTABLES. 

Alf 4CT TO AMEND AN ACT ENTITLED AN ACT TO PROVrDE FOR THE IN FORCE, 

ELECTION OF JUSTICES OF THE PEACE AND CONSTABLES, JAN. l3, 1829. 

APPROVED, DECEMBER 30, 1826. 

Sec. 1, Be it enacted by the people of the state of 
Illinois represented in the General j^sse7nbly^ That it shall 
be lawful for the county commissioners' courts in the 
counties in this state, at any regular or special term, to New districts 
lay off, in their several counties, as many districts, not "^^y ^® ^^"""^ 
exceeding eight, foi the election of justices of the peace 
and constables, as they shall deem necessary and proper. 

Sec. 2. When any district shall be so laid off, elec- Elections o^ 
tions for justices of the peace and constables shall be justices and 
held therein, in the same manner as is prescribed in the ?°"^*^' f L,. 
act to which this is a supplement; and the justices andyic^ 
constables elected in said districts, shall continue in 
office until the next quadrennial election of justices of 
the peace and constables, and until their successors shall 
be elected and quaHfied. 

Sec. 3. When a vacancy shall happen in any district Vacancies 
created in pursuance of this act, the same shall be filled 
in the manner prescribed in the fifth section of the act 
to which this is a supplement. 

Sec 4. The county commissioners' court, at any Alterations ia 
regular term, shall have power to alter the limits of the ^i^^"^^** 
several districts in their respective counties, as the 
convenience of the county may require: /'^'oi'ic^^fi^? With the con- 
no such alteration shall be made, without petition from seat of voters 
a majority of the qualified voters residing within the 
limits of the district proposed to be altered, and twenty 
days public notice given of their intention to petition 
for such alteration. 

Sec 5. No alteration which shall be made in the old justices 
districts, shall prevent the justices of the peace or con- io continue in 
stables in office, at the time of such alteration, from ^®^® 
serving oat the time for which they may have been 
elected 

Sec 6. When any justice of the peace shall resign Justices, &c. 
his office, or remove from the county or district in which resigning:, to 
he was elected, it shall be his duty to delivej over his p^Jg^'^^J;'' ^^^ 
docket ai(d papers, relating to the business transacted be- 
fore him, to t'le nearest justire of the peace of his county, 
and to return to the office of the clerk of the county com- 
missioners' court, all copies of the statutes which he may 
have received from that office; and in case of the death 
of any justice of the peace, it shall be the duty of the 



94 



JUSTICES OF THE PEACE AND CONSTABLES. 



Penalty 

Additional 
justices &c 



person having possession of said docket, papers and 
statutes, to deliver them over as aforesaid. And any 
person who shall refuse or neglect to complj' with the 
requisition of this section, shall forfeit and pay a sum not 
exceeding fifty dollars, to the use of any person who may 
sue for the same, in any court having cognizance thereof. 
Sec. 7. It shall be lawful for the county commis- 
sioners' court of any county of this state, when they 
coun ysea ^^^ deem it necessary, to cause an election to be held 
of one additional justice of the peace and two addition- 
al constables, in the district which includes the county 
seat; such justices of the peace and constables, to hold 
their offices until the next quadrennial election of jus- 
tices of the peace and constables, at which time, an elec- 
tion shall take place in such district, for four justices of 
the peace and four constables: and all vacancies in the 
office of constable, shall be filled by appointments made 
by the county commissioners' court: Provided^ that a 
majority of the qualified voters of the district may pe- 
tition the county commissioners' court for that purpose* 

Approved^ January 13, 1829. 



Vacancies in 
the office of 
constab:e to 
be fiileu by 
CO!, eem'rs.. 



^=/>^ 



Im FORCE, AN ACT TO AMEND " AN ACT CONCERNING JUSTICES OP THE PEACE 
JUNE I, 1829. AND CONSTABLES," APPROVED, FEBRUARY 13, 1827. 



Bail before 
J. P. in suits 
of trespass k 
troveF 



Sec. 1. Be it enacted by the people of the state of Illi- 
nois^ represented in the General Assembly^ that when any 
person or persons, shall be about to commence an ac- 
tion of trespass or trover, before a justice of the peace, 
and he, she or they shall make oath before such justice 
that he, she or they, verily believe, that the benefit of 
whatever judgment may be recovered in such action, 
will be in danger of being lost, unless the defendant or 
defendants, be held to bail; upon such oath being made, 
the justice shall issue a warrant, as in cases for debt, 
varying the same to suit the action, and the defendant 
may release his body by giving special bail, as in actions 
of debt. Upon all judgments in action of trespass or 
Executions in trover, the justice may issue an execution against the 
trespass and goods and chattles, or body of the defendant, at the 
election of the plaintiff. And in cases of judgment for 
Oath to pro- <^ebt, whenever the plaintiff, or his authorized agent, 
eure a ea. sa* shall make oath before the justice, in whose office such 



JUSTICES OF THE PEACE AND CONSATBLES ^^ 

judgment may be, that he or she yenly believes the de- 
feiidant or defendants, to be able to pay such judgment, 
and withholds the money, or secretes his, her or their 
property from the officer, so that the debt cannot be 
levied, it shall be lawful for the plaintiff lb demand, and 
for tne justice to issue, execution against the body ©f 
such d;iendaiit or defendaiits. And that in all cases Liability of 
where a defejidant shall give special bail under the pro- bail 
visioiisof ihis act, or the act to wtdch this is an amend- 
ment, aiid shall not be surreitdered on or before the re- 
turn day of the scire facias upon the judgment, nor a 
suffiriency of property be tound to pay the judgment 
and costs within ti)e time aforesaid, it shall be the duty p^^p^p^-j^^ 
ot th^ justice of the peace, upon the application of the agaiust spe- 
plai tiiF, or his agent, to issue a summons againt the cial bail 
sp :c al bail^ in the (ollowing form, as nearly as may be, Form of sum- 
to wit: "State of liinois, — county. The people biob« 

of the state of Illinois, to any constable of said county, 
greeting: You are hereby commanded to summon 

to appear before me, at on the 

day of- at o'clock, to show cause, if any he 

have, why judgment should not be rendered against 

him, as the special bail of — upon a capias issued 

by me, against him, in favour of for the sum of 

dollars and cents, the amount of the 

judgment rendered against the said in favour 

of the said and hereof make due return, as the 

law directs. Given under my hand and seal, tnis -- 

day of 18 

John Doe, J. P. [Sea/]" 
In which summons, the justice shall specify a certain ^, t t 4i n 
day, place and hour, for the trial, not less than ten, nor contain 
more than fifteen days from the date thereof, at which How ?erved 
time and place, the defendant is to appear, which pro- and returned 
cess, shall be served at least five days before the time of 
trial mentioned therein, by reading the same to the de- 
fendant or defendants. 

Sec. 2. If the defendant or defendants, shall not ap- Judgment by 
pear at the time of trial, after being served with a sum- tl^taiali 
mons, as (Jirected in the first section of this act, and no 
sufficient reason be assigned to the justice, why he or 
«he does not appear, then the justice shall render a judg- 
ment against the defendant or defendants, and issue exe- Andexecu- 
cution thereon immediately. ****** 

Sec. 3. If the defendant shall appear at the time Appearance 
and place appointed for trial, he shall be permitted to 
show cause for his failure to comply with the condition 



9& 



JUSTICES OF THE PEACE ABTP CONSTABLES* 



"What shall 
reieuse the 
bail 



Appeal 

Evidence by 
the oath of 
parties 



of his undertaking, or to show that he hath compHed 
witiithe same; and if it shall appear that the defendant 
was prevented from surrendering the body of the origi- 
nal defendant, by the act of the plaintiff, or that the said 
original defendant bad departed this life previous to the 
time required for making s^uch surrender, or that his 
health was such, as to endanger his life by such surren- 
der, or that he had delivered the body in execution, 
according to the condition of the recognizance, then the 
bail shall be released, and discharged from all liability. 
Sec. 4. Either party shall have the right to appeal 
to the Circuit Court, from any judgment which may be 
rendered under the provisions cf this act. 

Sec. 5. In all trials before justices of the peace, 
when either party may not have a witness or other legal 
testimony, to establish his or her demand, discount or 
£€t off, the party claiming such demand, discount or set 
off, may be permitted to prove the same, by the tes- 
timony of the adverse party; and if such adverse party 
shall not appear at the time of trial, or shall refuse to 
be sworn, or to testify, then the party claiming the same, 
shall be permitted to prove his or her demand, discount 
or set off, by his or her own oath: Provided^ that such 
party c aiming the benefit of his own oath, or that of 
the adverse party, shall first make oath that he has a 
demand, discount or set off, in said cause, and that he 
knows of no witness by whom he can prove the same, 
except by his own oath, or that of the adverse party; 
Provided further^ that no person shall be allowed to 
prove his demand, discount or set off, unless the adverse 
party be present, or shall have been notified thereof, 
and for which purpose, the justice may continue the 
cause for such time as may be necessary. 

Sec. 6, Upon the trial of appeals in the Circuit 
Court, the same rules of evidence shall be observed, as 
Circuit Court in trials before justices of the peace, 
on appeal gg^. 7* That where the defendant, upon whom any 

Payment or summons or warrant, issuing from a justice of the peace, 
tender to the shall be served, shall pay, or tender to the constable, the 
x;onstable re- amount actually due, with all costs then accrued, and 
costs. shall prove the same upon trial, and bring the money 

forward, and deposit it with the justice of the peace, 
no costs which shall thereafter accrue, shall be adjudg- 
Non-residents ed against him, but the plaintiff shall pay the same. 

Sec. 8. No person, who is not a resident of this 
state, shall hereafter commence any action before a jus- 
tice of the peace, until such non-resident shall file with 
ihe justice before whom such action may be brought, a 



Evidence 
shall be thp 
same in the 



shal' give 
bond for costs 



JUSTICES OF THE PEACE AND CONSTABLES. 07 

bond, with sufficient security, for the payment of all 
cots which may be awarded against the plaintiff, should 
he iail in his suit; which bond shall be in the following 
form, as near as may be, inserting the names of the par- 
ties, the county and state; 

" State of Illinois, ) A. B. ^ 

> vs. \ Demand §'-- Form thereof 

County of -~ ) C. D. > 

T, E. F. do enter myself security for all costs that may 

accrue in the above case, this day of -' 

18— — ." Which bond shall be signed by the security, i^jability of 
and if the said plaintiff shall be cast in his suit, discon- security 
tinue or make default, and shall not, within ten days 
thereafter, pay to ihe justice, all the costs that may have 
been occasioned to the defendant, to the justice and 
constable, jurors or witnesses, the justice shall issue his 
execution against the security for the amount thereof, Bill of costs 
accompanied with a bill of costs, in which shall be set 
down every particular charged. And if any suit shall i^uit shall be 
be commenced by a non-resident, as aforesaid, without '^^^^^^^j!^ 
filing a bond for costs, as aforesaid, the suit shall be dis- 
missed on the motion of the defendant and the plaintiff 
shall be liable to pay all costs occasioned thereby, which 
may be recovered before any justice of the county, in 
the name of the party injured. 

Sec. 9. In all cases, before justices of the peac^, 
either party may have the case continued any reasona- Continuance 
ble time, not exceeding one month, for the purpose of 
taking the deposition of any non-resident witness; which Depositions 
deposition shall be taken in conformity to the manner 
of taking and returning depositions of non-resident wit- 
nesses, in the Circuit Courts in this state. 

Sec, 10. Justices of the peace shall not have juris- Jurisdiction 
diction, where the defendant or defendants shall be sued »» case of 
as executor or administrator, where the sum or demand 
shall exceed twenty dollars; but in all cases where an 
executor or administrator shall be plaintiff, justices of 
the peace shall have jurisdiction, as in other cases. 

Sec. 11. All summons shall be served by reading Manner of 
the same, as contemplated in the 3d section of the act, to serving sum- 
which this is an amendment, unless the defendant shall 
evade the service, and not listen to the same, or secrete 
himself; then the officer shall serve the same, by leaving 
a copy at his place of residence, with some white per-g g^-j^j ^.^ 
son, of the age often years or upwards; and in all such turns 
cases, the constable shall m'lkt; a special returr, when, 
and how served, and the circumstances attending thei 



m 



1.4ND, 



Jurisdiction 
in case of 
assault and 
feuttery &c 

Appeals in 
5uch cases 



Judgment 
and fine 

Prosecutor 
liable for costs 



Laws repeal- 
ed 



same; and if the justice shall be saiisfied that the de- 
fendant evaded the service by reading, and that the 
party is sufficiently notiiied and summoned, he shall 
proceed to hear and determine the case. 

Sec. 12. Justices of the peace shall have original 
exclusive jurisdiction, in all cases of assault, and assault 
and battery, and affrays, wherein the people are plain- 
tiff, subject to an appeal to the CJircuit Court, as pro- 
vided by law. In all appeals to the Circuit Court, from 
the judgment of justices of the peace, in cases of as- 
sault, assault and battery or affrays, the Circuit Court 
shall proceed to hear and determine the cause, and if 
the defendant pleads not guilty, the triai shall be by 
jury, and said court shall give such judgment, and as- 
sess such fine, as shall be deemed just. 

Sec. 13. In all criminal prosecutions before a jus- 
tice of the peace, where the party accused shall be found 
not guilty, and it shall appear to the justice before 
whom such case shall be tried, that there was no rea- 
sonable ground for said prosecution, and that it was 
maliciously entered, that in such case, the justice of the 
peace is hereby authorized to give judgment against 
the complainant for the costs of said suit, and i?sue exe- 
cution thereon. 

Sec. 14. The sixty-third section of the act relative 
to criminal jurisprudence, approved, January 30, 1827, 
be, and the same is hereby repealed. 

Sec. 15. So much of the sixteenth section of the 
act passed on the 10th day of Januar}', 1827, concern- 
ing costs, as permits the successful party, on appeals and 
certiorari, to recover only fifteen dollars of costs, be, and 
the same is hereby repealed. 

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

[Approved-) Jamiary, 23, 1825.] 



^=/5^ 



LAND, 



tK FORCE. 
FEB. 23, 1819. 



AN ACT CONCERNING OCCUPYING CLAIMANTS OF LAND. 

Sec 1. Be it enacted hy the people of the state of Illi- 
nois^ represented in the General Assembly, and it is herrby 
enacted hy the authority of the same, That all and every 
person^who may hereafter be evicted from any land for 



which he can show a plain and connected title in law 
or equity, deduced from the record of some pu 'lio office^ 
without actual notice of an adverse title in like manner 
derived from record, shall be exempt and (ree from alt 
and every species of action, writ or prosecution for, or 
on account of any rents or profits, or damages, which 
shall have been done, accrued or incurred at any (ime 
prior to receipt of actual notice of the adverse claim, 
by which the eviction may be effected, provided such 
person obtained peaceable possession of the land. 

Sec. 2. That the court, who shall pronounce and 
give judgment of eviction, either in law or equity, shall 
at the time nominate seven lit persons, any five of whoni 
shall have power, and it shall be their duty to go on the 
premises, and after viewing the same, on oath or affirm- 
ation, to assess the value of all such lasting and valua- 
ble improvements which shall have been made thereon, 
prior to the receipt of such notice as aforesaid; and also, 
to assess all damages the land may have sustained by 
the commission of any kind of waste, or by deduction of 
soil by cultivation, or otherwise during the occupancy of 
the person evicted, and subtract the same from the esti- 
mated value of the said im}>rovements, which assess- 
ment, signed and sealed by the persons making the same, 
shall be by them lodged with the clerk of the court 
wherein they w^ere nominated, before the next ensuing 
term, or as soon thereafter as may be convenient; and 
at the next court, after such assessment, it shall be en- 
tered up as a judgment in favour of the person evicted, 
and against the successful claimant of the land by the 
clerk, upon which judgment, execution shall immedi- 
ately be issued by the clerk, if directed by the person 
evicted, unless the successful claimant shall give bond 
and security to be judged of by the court, to the person 
evicted, and to be taken at the time of entering up such 
jud£:ment, conditioned to pay the same within twelve 
months from the date thereof, with five per cent, interest 
thereon: Provided^ the balance shall ultimately be in 
favour of such occupying claimant, according to the di- 
rections and provisions of this act, which bond shall have 
the force of a judiijment, and at the expiration of twelve 
months aforesaid, an execution shall be issued upon the 
game by the clerk of the court in which it was taken, at 
the request of the party entitled thereto, on oath being 
made that the same is yet due, should the balance be in 
favour of the successful claimant, judgment in like man- 
ner shall be entered up in his favour, against the other 



party, Tor the amount of the same, upon which execution 
may be issued as aforesaid, unless bond and security be 
giycn to such claima )r, wiiich may be acted upon in the 
manner before directed, and to declare what shall be the 
law between adverse claimants, under distinct titles of 
the kinds aforesaid after notice. 

Sec. 3. That the persons nominated by the court as^ 
aforesaid, when making an assessment shall carefully 
distinguish between such improvements, as were made 
on the land prior to notice, and those which were made 
after notice; and w!ien makifig an assessment, they shall 
also take into consideration, all such necessary and last- 
ing improvements as shrdl have been made on the lands, 
after the receipt of such notice as aforesaid, and shall 
ascertain the amount of the value thereof, arid they 
shall also take into consideration and ascertain the 
amount of th<i value of the rent and profits arising from 
the whole of the improvements on the land from the 
time that notice of such adverse claim was received by 
such occupying claimant, and then atlter taking the 
amount of one from the other, the halance shall be added 
or subtracted from the amount of the value of the im- 
provements which shall have been made before the re- 
ceipt of the notice aforesaid, as the nature of the case 
shall require. 

Sec. 4. That the commissioners shall also estimate 
the value of the lands m dispute, exclusive of any im- 
provements that shall have been made thereon, and 
make report of the amount of such valuation to thecou rt, 
and if the value of the impro:Vements shall exceed such 
estimated value of the land in dispute, in that case, it 
shall and may be lawful for the proprietor of the better 
title, to transfer or convey, as the nature of the case 
may require, his better title to the occupying claimant, 
and thereupon judgment shall he entered up in his fa- 
vour agjainst the occupying claimant, for such estimated 
value, upon which an execution may issue, unless the 
occupying claimant shall give bond and security to be 
approved of by the court, to pay the amount of such 
judgment, within one year after the person transferring 
or conveying as aforesaid, with interest from the date, 
which bond shall have the force of a judgment, and if 
not paid at tlie expiration of the year, an execution may 
issue, in the manner before directed by this act: Provided^, 
that the proprietor of the better title shall, in every such 
case, at the time of entering up judgment in his favour, 
%yvQ bond and ^^ecurityto be approved of by the courts 



LAND. 'Wl 

to the occupying claimant, to refund the amount of such 
judgment, it*] case the land so transferred or conveyed, 
shall ever ther^eafter be taken from him by any other 
prior or better claim. 

Sec. 5. That the persons nominated by .the court, 
in virtue of this act, shall be called commissioners, and 
shall respectively take an oath or affirmation, to do equal 
right to the parties in controversy; and shall also have 
power and authority to call witnesses, and administer 
the necessary oaths, and to examine them for the ascer- 
tainment of any fact material in the enquiry and assess- 
ment by this act directed. 

Sec. 6. That the said commissioners in making 
every estimate of value by virtue of this act, shall state 
i^eparately the result of each, and the court shall have 
power to make such allow^ance to the said commission- 
ers in any case, as shall seem just, which allowance shall 
be taxed and collected as costs: Provided, that this act 
shall not be extended to affect or impair the obligation 
of contracts, or to authorize the occupying claimant to 
be twice paid for his improvements; and in all cases 
where the occupying claimant is paid for his improve- 
ments by any other person than the proprietor of the 
better title, such person shall have the same redress as 
is allowed to the occupying claimant. 

Sec. 7. That the court shall have the same power 
to proceed by appointing commissioners to assess the 
value of improvements, and the damages by the com- 
mission of any kind of waste, by reduction of soil by 
cultivation or otherwise, during the occupancy of the 
person evicted in case of arbitration, or by consent of 
the parties, on motion without suit. 

Sec. 8. That notice of any adverse claim or title to 
the, land within the meaning of this act, shall have 
been given by bringing a suit, either in law or equity 
for the same, by the^eae or other of the parties, and may 
hereafter be given by bringing a suit as aforesaid, or by 
delivering an attested copy of the entry, survey or 
patent, from which he derives liis title or claim, or leav- 
ing any such copy with the party, his wife, or other free 
person above the age of sixteen years, on the plantation: 
Provided however, that notice given by the delivery of an 
attested copy as aforesaid, shall be void, unless suit 
is brought vinthin one year thereafter; Provided, that in 
no case shall the proprietor of the better title be oblig- 
ed to pay to the occupying claimant for improvements 



i02 



made after notice, more than what is equal to the rents 
and profits aforesaid. 

Sec. 9. That notice to any occupying claimant shaH 
bind all those claiming from, by or through such occupy- 
ing claimant to the extent of such claim. 

Sec. 10. That nothing in this act shall be construed 
so as to prevent any court from issuing a precept to stay 
waste, and ruling the party to give bond and security in 
such manner as such court may think right. 

This act shall he in force from and after the passage 
thereof. 

[Approved, February 23, 181 9,] 



I 



LAWS. 



m' In force, An act declaring what laws are in force in this state. 

f Feb. 4, 18 19. 

Sec. 1. Be it enacted by the people of the state of 
Illinois represented in the General Assembly^ and it is hereby 
enacted by the authority of the same, That the common 
law of England, all statutes or acts of the British Par- 
• • liament made in aid of the common law prior to the 

fourth year of the reign of King James the 1. exceptirsg 
the second section of the sixth chapter of XLIII. Eliza- 
beth ; the eighth chapter XIII. EHzabeth, and ninth chap- 
ter XXXVII. Henry Vlll; and which are of a general 
.mature and not local to that Kingdom, shall be the rule 
of decision, and shall be considered as of full force, 
;tintil repealed by legislative authority. 

[Approved, February 4, 1819.} 



--=/5^ 



An force, an act concerning the revival of statute*). 

/A5f. 19, 1826. 

Sec. 1. Be it enacted by the people of the state of 
Illinois represented in the General Assembly^ That in all 
cases hereafter, where any laws or parts of laws, acts or 
parts of acts, now in force, or which mav be hereafter 
enacted, or in force in this state, shall be repealed by 
any subsequent act or acts of the General Assembly, of 



wi 



r{ 



LAWS. 

this ^tate^ and such subsequent or repealing act or acts, 
shall be afterwards repealed by any other act or acts of 
the said General Assembly, the said first mentioned laws 
or parts of laws, acts or parts of acts, which may at any 
time be repealed as aforesaid, shall not, on that account, 
be considered as revived: but ail such laws or parts of 
laws, acts or parts of acts, as aforesaid, when once re- 
pealed, shall be null and void to ail intents and purposes, 
ond shall never after he coiisidered as revived, unless 
there be express words to that effect, in such latter or 
repealing act or acts as aforesaid, any law, custom of 
m'dge to the contrary notwithstanding. 

This act to take effect from and after its passage. 

[Approved^ January 19, 1826.] 



^-^:JOr==^ 



^J< ACT AUTHORIZING THE GOVERNOR OF THIS STATE TO TRANS- 
MIT THE ACTS OF THE GENERAL ASSEMBLY OF THIS STATE TO \^ ^^y^*'.^',, 
THE EXECUTIVES OF THE SEVERAL STATES AND TERRITORIES, ''■^"- *? »v*^ = 
IN THE UNITED STATES, AND TO THE DEPARTMENT OF STATE 
OF THE UNITED STATil^. 

Sec. 1. Be it enacted by the people of the state of 
IHinuis represented in the General Assembly^ That it shall j^^-, jjctsofthe 
be the duty of the governor of this state, for the time be- Gen. Assem- 
ing, so soon as the acts of the General Assembly of this^^J 
state, after each and every session thereof, shall have 
been published, to transmit, iv^e of postage, to the ex- Free of post- 
ccutive of each state and territory of the United States, '^g^ 
and to the secretary of state of the United States, three 
■copies of th€ ac s of the General Assembly of Illinois, at 
such session, and request a like interchange by the seve-tj^" l/ke^nter- 
ral states: Provided^ that where such request has here- chang:e from 
tofore been made, it shall not be the duty of the governor *^^ °*^^'" 
again to make it. 

Sec. '2. Any expense incurred by virtue of this act, Expense how 
shall be paid out of the contingent fund, reserved in the P^'^^ 
state treasury, to be drawn by warrant from the auditor, 
on the certificate of the governor, from time to time, as 
the case shall require. 

Sec. 3. The act entitled " An act authorizing the go- Actrepeale^l 
vernor of the state of Illinois, to transmit the acts of the 
General Assembly of this state, to the executives of the 
several states, in the United States," approved March 
2, 1819, is hereby repealed. 

[Approved^ January 1, 1819.] 



104 ' i^Aws. 

Tw T.r.n,.«. -A^' -*CT REGULATING THE PUBLICATION AKl) DtSTRIBUTIOX OF 

JA?^. 14, 1829. "^"^ LAWS AND JOURNALS OF THE GENERAL ASSEMBLY. 

Sec. 1. Be it enacted hy the people of the stale of Illi- 
nois ^represented in the General As^enihly^ That there shall 
be piibUshed at the close of each session of the General 

«ftAn . ^Assembly, an edition of two thousand copies ot al! the acts 

2000 copies of r up i * » . ^ i 

•laws to be ^^ ^ public and permanent nature, passed at such session. 

published arraiiged under their proper heads, in alphabetical order, 

according to their subject matter. Prefixed to each 

Arrangement volume there shall be a table of cuntciits; and at the 

o mat er ^^^ ^^ ^^ same, there shall be a full and complete 

index* 

Sec 2. Each edition of the laws, required by the 
Marginal preceding section to be published, shall be comprised in 
note?, &c. one octavo volume, with marginal notes, and the day on 
wijich each act takes effect, shall be slated in the mar- 
gin, opposite the title, and the day on which the same 
was approved by the council of revision, or when it be- 
came a law, notwithstanding the objections thereof, 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. 
Secretary of Sec. 3, The printing of the acts, required by this act, 
state to super- shall be superintended by the secretary of state, or some 
pri'Ttio'j- ^ person appointed by him for that purpose, for whose su- 
Or appoint perintendance he sliall be responsible, and he shall cause 
some persoa all typographical errors to be corrected as far as he may 

discover tlie same. , 

"250 copie?to Sec. 4. The secretary of state, on the completion of the 
be reserved printing and binding of the acts of the present aiid any fu- 
ture General Assembly of this state, shall reserve two hun- 
dred and fifty copies thereof in his office, subject to the dis- 
position of any future General Assembly. He shall cause 

To whom the^Q^je delivered to the governor, lieutenant governor, au- 
iaws shall be j-, r i i- a. , ^ l x- ctx * l 

distributed uitoroi public accounts, slate treasurer, cashier oi the state 

bank, each of the justices of tlie Supreme Court, attor- 
ney general, state's attorney, secretary of the senate, and 
clerk of the house of representatives, engrossing, and en- 
rolling clerks of each house, 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 county commissioners' court of each 
To county county, to be distributed among the different civil offi- 
^' '^^^^ cers of the county, and members of the General Assem- 

bly residing therein, allowing one for each judge of pro- 
bate, county commissioner, coroner, clerk of a court. 






LAWS. 



105 



CDunty treasurer, sheriff, justice of the peace, count}^ sur- 
veyor, constable, and member of the General Assembly, 
residing in the county; and there shall also be delivered 
to the clerk of the circuit court of each county, two co- 
pies for the use of the court, grand jury, and bar; and 
the surplus copies, if any, shall be by said clerk of the 
couniy commissioners' court carefully kept and preserv- 
ed, to be distributed as may be hereafter directed by 
law. 

Sec' 5. The clerks of the several county commission- Clerk to give 
ers' courts on receiving the laws for distribution, as afore- ''^'^^^P*^^ 
said, shall give them receipts for the same; which re- 
ceipts shall be filed in the secretary's office by the person 
by t^hom the said laws were distributed, before he shall 
be entitled to payment for distributing the same. 

Sec. 6. The clerks of the several county commission- And distrib- 
ers' courts shall, upon the request of any person who may "^^ in his 
be entitled to a copy of the laws, as aforesaid, deliver to ^^'"'^ ^ 
him such copy, taking his receipt for the same: but no One copy to 
person shall be entitled to more than one copy, although each person 
he may hold several officers. 

Sec. 7. Upon the expiration of the term of service, re- Copies, when 
sig'iation, or removal from office, of any county officer, it ^^ ^^ returned 
shall be his duty to return to the clerk of the county com- v 
missioners' court of his county, (or the use of his succes- 
sor in office, the copy, or copi? s, of the laws of this state, 
received by him in pursuance of this act: arid in case of 
the death ofany such officer, the said copy or copies of 
the laws shall be returned, as aforesaid, by his executors 
or administrators. If any such officer, his executors or 
admiL'istrators, shall refuse or neglect, for three months 
after the happening of such vacancy, as aforesaid, to re- 
turn the said copy, or copies, of the laws to the clerk of 
the county commissioners' court, as aforesaid, it shall 
then 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 n^^ returning 
so detained, with costs of suit. No person, however, 
while he continues to hold any office, which entitles its 
incumbent to a copy of the laws, shall be required to re- 
turn his copy of the same, as aforesaid. 

Sec. 8. There shall be added to each copy of the laws Receipts and 

published in conformity to this act, an accurate account of ^^P^'^'^'^^"'"^^ 
lu -J. 3 I'i /• iL ui- r O' P'JbJic mo- 

the receipts and expenditures of the public moneys, lor y,gy ^^ be pub- 

the two years preceding the session of the General As-lished with 

sembly at which were passed the laws comprised in such ^^^ ^^^^ 

copy. The volume hereby required to be published, 



106 



MECMAMCS. 



shall also contain the title of every act, of a private o;' 

temporary nature, passed at such session. 

Sec. 9 On the fulfilment of any contract for printing, 

Expenses of binding, folding, stitching or di?trihuting,the laws of this 

publication ^^ ^j.^ secretary of state shall certify the fact to tiie 

anddistribu- ' - , in-,. 

tion, how auditor ot public accounts, who shall issue his warrant on 

paid the treasurer, for the sum due such person, for such print- 

ing, binding, folding, stitciiing, or distributing. 

Jo'irna's Sec. 10. There shall be printed at the close of each 

session of the General Assembly, five hundred copies 
of the Journals of each house thereof, for the printing, 
folding, and stitching of vv]iich,the said General Assem- 
bly shall contract; and they shall be distributed among 
ihe several counties, according to the number of white 
inhabitants, reserving in the office of the secretary of 
state, fifty copies. T'his act to be in force after its pass- 
age. 

\Appro-ced^ January 14, 1829.] 



IN FORrE, :»lECilANICS. 

/AN. 13, 1825. 

AN ACT FOR THE BE>'EFIT OF MECHANICS, &€. 

Persons for- Sec. 1. Be it enacted by the people of the stale of 
or'mafJriaK ^^^^^^^^^^ represented in the General Assembly, That in all 
&c. to bold a cases hereafter, when any contract shall be made be- 
lien on the t^^een the proprietor or proprietors of any tract of land 
proi>erty ^j. (Q^^uJot, on the one part, and any person or persons 
on the other part, for the erecting or repairing any house, 
or other building, mill, or machinery, of any description 
whatever, or their appurtenances; or for ifurnishing la- 
bour or materials for the purpose aforesaid; and every 
olher person who may have furnished materials, which 
shall have been used in the construction of such house, 
building, or mill, whether by special agreement, or other- 
wise; the person or persons who shall, in pursuance of 
such contract, have furnished labour or materials, for 
such purpose, or who shall have furnished such materi- 
als as aforesaid, shall respectively have a lien, to secure 
the payment of the same, upon such house, or other 
building, mill, or machinery, and on the lot or tract of 
froviJo land, on which the same shall stand or be erected: Pro- 



iifflLlTlA. 107 

Tided, That no such liensViali continue in force for more 
than three months from the time when payment sliould 
have been made, by virtue of any such contract, hy which 
such hen shall he claimed, unless within that time a suit 
shall have been commenced for the purpose of enforcing 
such contract. 

[Approved.) Januari^ \3,\Q25s\ 



— T^5^ 



TtIILITIA. 

an act to ame^-i) an act- entitled an act for the t)r- 

' IN FORCE, 

GANIZATIO.N A>D GOVERNMENT OF THE MILITIA J\xN. 29 1829. 

OF THIS STATE. 



Sec. 1. Be it tnncled hy the people of the state of Illi- 

musters 



nois^ represented in the General Asserably, That there shall ' ^™^^^ ^^ 
be one regimental and one company muster, and one re- 
ghnentai drill muster of officers, in each year: the com- 
pany muster shall be held on the first Saturday in Sep- 
tember, unless chanered to some otijer dav by order of the * i ,. 
commandants of regiments, or odd battalions, in which holding them 
case sixty days notice of such change shall be sjiven to 
the colnm.mdants of each company. Regimented drill 
musters shall be held on the Friday and Saturday next Brigade in- 
preceding the regimental musters. Hereafter, no bri- Jp*"^**^^.,""* , 
gade inspector shall be required to attend regimental tend 
or drill musters. 

Sec. 2. For the purpose of review or inspection, the Brig. General 
brigadier ge eral may change the time fixed by law for may ch*nge 
regimental musters, by giving to the several command- '^^^^"^^"^^* 
ants of regiments, or odd battalions, under their com- 
mand, a notice to that etTect, on or before the first day of 
March, in each year. ^ Command- 

Sec. 3. Commandants of companies may receive any ants of com. 
lawful excuse of non commissioned officers, or privates, may receive 
under their command, for a failure to attend rnuster,or^,^J^^"jJJ'^^p^^'" 
for not bemg properly equipped. dance, &c. 

Sec. 4. No non commissioned officer, or private, shall Amount of 
be fined more than one dollar for failing to attend any ^^^^ 
regimental muster, nor more than fifty-cents for failing 
to attend any company muster. 

Sec. 5. No person conscientiously opposed to doing mi- Persons con- 
Htary du ty, by reason of his religious opinions, shall be com- ^I-upulou"^ 



ed 



108 MONEY. 

pelled so to do in times of peace: Prorz*:/^^/, such person 
shrill work two days, in each year, on the public roads, in 
the district in which such person or persons may reside, in 
addition to the road labour now required of them, under 
the regulations prescribed in the second section of "An 
act for the relief of persons having conscientious scruples 
against bearing arms," or pay into the county treasury 
seventy-five cents. The first section of the act, entitled 
AVAn act for the relief of persons having conscientious 
gcruples against bearing arms," approved February 6, 
1827, is hereby repealed. 
Laws repeal- Sec. 6. So much of the act, to which this is an amend- 
ment, as requires battallion musters to be held; so much 
of said act as fi}:es the time for holding regimental drill 
• musters; so much thereof as allows compensation to di- 
vision and brigade inspectors; so much thereof as re- 
quires two company musters to be held in each year, and 
prescribing the lioldiiig of the same; be, and the ^ame 
are hereby repealed. This act to be in force from and 
after its passage. 

l^pproved, January 19, 1829.] 



" - ^,^0^^ 



MOXEY. 

i(N FORCE, AX ACT REGULATTNG THE INTEREST OF MOXEY. 

March !2, 



1819. 



Sec. 1. Be it enacted bi/ the people of the state of 
IllinoU represented in the General A sseinbly^ That creditors 
(except as hereinafter excepted,) shall be allowed to 
receive at the rate of six per centum per annum, for all 
moneys after th-^y become due on any bond, bill, prom- 
issory note or other instrument of writing, on any judg- 
ment recovered before any court or magistrate autlior- 
ized to enter up the same, within this state from the 
day of signing judgment until the effects be sold, or 
satisfaction of such judgment be made, likewise on mo- 
ney lent, on money due on ihe settlement of ac(Ounts 
from the day of liquidating accounts between the par- 
ties, and ascertaining the balance, on money received to 
the use of another, and retained without the owner's 
knowledge, and on money withheld by an unreasonable 
and vexatious delay of payment: Provided always, that 



h 



NEGROES, &C. 

nothing in this act contained, shall be so construed as to 
linrt tiie rate of interest for the paymejit of whicii an 
exj>ress contract hath been made: And provided aiso^ tliat 
no bank or monied institution, shall have the rigbt to de- 
mand or receive a greater or higher rate of interest than 
six per centum per an:mm; and all and every species of 
contract made by any bank or monied instiiuiion, by 
whicii a greater or higher rate of interest shall be stipu- 
lated (o be paid, shall be, and the same is hereby declar- 
ed to be fraudulent and wholly void. 

[Approved^ March 2, 1819.] 



109 



NEGROES, &C. In FORCE, 

January lt> 

AN ACT RESPECTI]NG FREE NEGROES ilVD MULATTOES^ SERVANTS 1 829. 

AND SLAVES. 

Negroes and 
Sec. 1. Be it enacted hy the people of the state of ///^ muiattoes 
nois^ represented in the General Assembly, That from and residence 
afier the passage of this act no black or mulatto person, 
not being a citizL^n of some one of the United States, 
shall be permii ted to reside in this state, until such per- 
son shall produce to the county commissioners' court, 
where he or she is desirous of settling, a certificate ofnis 
or her freedom, which certificate shall be duly authen- 
ticated in the same manner that is required to be done, 
incases arising under the acts and judicial proceedings -phey shalf 
of other states. And until such person shall have given give bond 
bctnd, with sufficient security, to the people of this state, 
for the use of the proper county, in the penal sum of one 
thousand dollars, conditioned that such person will not, 
at any time, become a ciiarge to said county, or any oth- 
er county of this state, as a poor person, and that such 
person shall, at all times, demean himself, or herself, in 
strict conformity with the laws of this state, that now 
are or hereafter may be enacted: the solvency of said 
security shall be approved of by said clerk: The clerk 
shall file said bond, and if said bond shall in any condi- 
tion thereof be broken, the whole penalty shall become 
forfeited, and the clerk, on being informed thereof, shall p^^rgong i^^p. 
cause the said bond to be prosecuted to effect. If any boring negroes 
person shall harbor such negro, or mulatto as aforesaid, &« 
not having such certificate, and given bond, and taken a 
certificate thereof, or shall hir^, or in any wise give 



im 



I^EGJIOES, &Cr 



Fined 



Proviso 



Nepfroes not 
hnvnea cer- 
tificate shall 
be arrested as 
'j'unawajrs 



Notice there- 
of 



And to be hir- 
ed out 



Sheriflf's certi- 
ficate thereof 

Upon which 
circuit court 
may grant a 
certificate of 
freedom 

If the owner 
shall appear 

Costs to be 
oaid 



sustenance to such negro, or mulatto, not having such 
certifi'ate of freedonn, and of having given bond, shall 
be filled in the sum of five hundred dollars, one half 
thereof to the use of the county, and the other half to 
the party giving information thereof; Provided, this sec- 
tion shall not affect any negro, or mulatto who shall be a 
resident of this state at the time of the passage of this 
act. 

Sec. 2. Every black or mulatto person who shall 
be found in this state, and not having such a certificate 
as is required by this act, shall be deemer! a runaway 
slave, or servant, ar.d it shall be lawful for any inhabi- 
tant of this state, to take such black or mulatto person 
before some justice of the peace, and should such black 
or mulatto person not produce such certificate, as afore- 
said, it shall be the duty of such justice to cause siiclb 
black or mulatto person to be committed to the custody 
of the sheriff of the county, who shall keep such black 
or mulatto person, and in three days after receiving them 
shall advertise them at the court house door, and shall 
transmit a notice, and cause the same to be advertised 
for six weeks, in some public newspaper printed nearest 
to the place of apprehending such black person, or mul- 
atto^ sta'/mga description of the most remarkable feat- 
ures of said supposed runaway; and if such person, so 
committed, shall not produce a certificate or other evi- 
dence of their freedom, within the time aforesaid, it shall 
be the duty of the sheriff to hire them out, for the best 
price he can get, after having given five days previous 
notice thereof, from month to month for the space of 
one year; and if no owner shall appear and substantiate 
his claim, before the expiration of the year, the sherifl^ 
shall give a certificate to such black or mulatto person, 
who on producing the same to the next circuit court of 
the county, may obtain a certificate from the court, sta- 
ting the facts, and that the person shall be deemed a free 
person, unless they shall be lawlully claimed by their 
proper owner, or owners thereafter. And as a reward to 
the taker up of such negro, there shall be paid by the 
owner, if any, before he shall receive him from the sher- 
iff, ten dollars, and the owner shall j)ay to the sherifli 
for the justice, two dollars, and reasonable costs for 
taking such runaway to the sheriff, and also pay the 
sheriff all fees for keeping such runaway, as other pris- 
oners: Provided, however, that the properowner, if any 
there be, shall be entitled to the liire of any such runa- 
way, from the sheriff^ after deductirsg the expenses of 
the same: arA provided also, that the taker up shall have 



NFGROFS, AC. ' lil 

ii right to claim any reward \\ hich the owner shiU have ^^^^'^ ^"^^- 

otfered for tile r.pprehension of such runaway: should hire 

any taker up claini any such offered reward, he shall 

not be entitled to the allowance nnade by tliis act. Taker up 

Q o M r I I i.i. /.may claim re- 

bec. 3. jNo person oi colour, negro or mulatto, ofv^ard 

either sex, shall be joined in marriage wiih any white Marriage of 
person, nnale or fennale in this state, and all nnarriages or ^^^^^ person* 
contracts, entered into between such coloured person and ^" '^^g'"° ^ 
white person, shall be null and void in Idw; and any 
person so offending, shall be liable to pay a fine, whipped 
in not exceeding thirty nine lasiies, and be iniprisoned 
not less than one year; and every person so oflftndiiig 
shall be held to answer in no other than a criminal pros- Punished 
ecution by information or indictment: and any clerk 
who shall knowingly issue a license to any such colour- 
ed person, negro or mulatto, or to any white person to be Clerk issuing 
joined to a negro or mulatto, in manner aforesaid; or if a license for 
any oflicer or person authorized to solemnize '^fiJ'na,a:es Qj,g.<g^^^ y,. 
in this state, shall join any such coloured person, negro in!< in mar- 
or mulatto, in man iage with a white person, such ma- riage 
gistiato, or other person so otiending, as aforesaid, on 
conviction thereof, shall be fined in a sum not less than Shall be fined 
two hundred dollars, to be sued for and recovered in 
any court of record in this state, the one half for the use 
of the county in which said suit is brought, and the other 
half to the person suing for the same, and thereafter be And ineligible 
ineligible to any office in this state. to office 

Sec. 4. U any negro or mulatto, being tlie property 
of a citizen of the United States, residii)g without this Negroe?hir- 
state, shall hereafter come into this state for the purpose ^"g "' ^^'^ 
of hiring himself, or herself, to labor in this state, and ^^"^^^j.7re"c? 
shall afterwards institute, or procure to be instituted any dom 
suit or proceedings, for the purpose of procuring his or 
her freedom, it shall be the duty of the court before 
which such suit or proceeding shall be instituted and 
pending, upon being satisfied that such negro, or mulat- May be arrest 
to, had come into this state for the purpose aforesaid, to ^^^ ^'-^ sent 
dismiss such suit, or proceeding, a.r>d cause the same to ^^^^ ^^^ ^^^" 
be certified to the sheriff of the county, who shall imme- 
diately take possession of such negro, or mulatto, whose 
duty shall be to confine such negro, or mulatto in the 
jail of his county, and notify the owner of such slave 
of the commitment aforesaid, and that said owner make 
immediate application for said slave: and it shall be the 
duty of the sheriff, on such application being made, 
after all reasonable costs and charges being paid, to de* 
iiverto said owner such negro or mulatto slave. 

[^^pjoroxW, Jo?i7.wir«/ 17, 1829.] 



112 



n- .NOTARIES PUBLIC* 

JUi FORCE 

JUISK I 1 829. -^N ACT FOR THE APPOINTMENT OF NOTARIES PUBLIC 

Sec. I. Be it enacted by the People of the Stale of 

Notaries pub- ///^Vjo^'^^ represented in the General Assembly^ That the go- 

'oimecT ^'^~ vernor of the stale, by and with the advice and consent 

of the senate, shall appoint and connmission one notary 

Term of ser- public in each county in this state, except in those conn- 

-vice ties where there is one already in office, who shall hold 

his office durir.g H;ood behaviour. 
Tlieirduty Se^, 2, }(; shall be the duty of each and every notary 

public in this state, whenever any bill of exchange, pror 
note? &c. ° inissory note, or other written instrument, shall be by him 
To give no- protested for non-acceptance, or non-payment, to give 
tice of protest notice in waiting thereof to the maker, and to each and 
every endorser, of any bill of exchange, and to the ma- 
ker or makers of, and each and every security' or endor- 
ser of any promissory note, or other written instrument,, 
on the same day tlie said protest is made, or v^ithin forty- 
eight, hours from the time of such protest. 
To keen a ^^^* ^' '^ ^^^^^ be the dutj^ofeach and every notary 

jecord public, to keep a correct record of all such notices and of 

tlie time and manner in which the same shall have been 
served, and of the rames of all the parties to whom the 
same were directed, and the description and amountof the 
Which shall instrument protested; wHiich record shall, at all times, be 
be evidence competent evidence to prove such notice, in an^^ trial, 
before any court of this state, where proof of such notice 
^ may become requisite. 

tice personal- ^^f^- 4. It shall be the duty of each and every notary' 
ly public personally to serve the notice upon the person or 

J)n persons persons protested against, provided he or they reside in 

livm? within !i , ' i i ^ i. j -it • 

one mile ^^^ town where such protest was made, or withm one 

And to for- mile thereof; but if such person or persons reside more 
ward to o- i\\^w one mile from such town, then the s id notice may 

be forwarded by mail, or other safe conveyance. 
To give bond Sec. 5. It shall be the duty of the governor to take 
bond, with sufficient security, from each notary public, 
before he enters on the duties of his office, in the sum of v 
five hundred dollars conditioned for the due and faithlul 
How sued up- performance of tlie duties of his office, which bond slmll 
o*^ be filed in tiie office of the secretary of state, and if for- 

feited, suit may be instituted thereon, for the use of the 
"party injured by such forfeiture. 
Notaries here- Sec. 6. Nothing herein contained shall be so constru- 
after appoint- g^ as to remove from office any notary public now in of= 



VOOR. 



113 



fice in this state. The act, entitled " An act for the ap- 
pointment of notaries public," approved, Fe!)ruary 22, 
1819; and the act, entitled " An act to amend an act for 
the appointment of notaries public," approved, Febru- Acts repealed 
arv 10, ■823, be, and the same are hereby repealed. 
This act to be in force, from and after the first day of 
June next. 

[Approved, December 30, 1828.] 



^jy=^^ 



POOR* 

AN ACT TO A3IE>D AN ACT ENTITLED "AN ACT FOR THK IN FORCt 

RELIEF OF THE POOR, PASSED MARCH 5th, 1819." FEB. 6, 182 

Sec. 1. Be it enacted hy the people of the State of Illi- yoot persons 
now, represented in the General Assembly , That when any other than 
non-resident, or any other person not coming within the P^"P®1^i ^^^*~ 
definition ot a pauper, shall fall sick or die in any county how to be pro 
in this state, not having money or other property to pay vided for 
his board, nursing, and medical aid, it shall be the duty 
of the overseers of the poor of the proper township, or 
any two of them, upon complaint being made to them, to 
give or order to be given such assistance to such poor 
person as they may deem just and necessary: and if Such poor 
eaid sick person shall die, then said overseers of the poor pensions dying 
shall give or order to be given to such person a decent poo^trpro- 
burial: and the said overseers of the poor shall make such vide for their 
allowance for board, nursing, medical assistance, and bu- burial, &c, 
rial expenses, as they shall deem just and equitable, ^^P^'^^^^i^- 
which allowance shall belaid before the county commis- ^""^^ ^^ ^^ 
sioners' court to examine and allow all or any part of said such poor per- 
accounts as they shall deem just, and order the same tojons how de* 
be paid out of the county treasury. ^^^^ 

[Approved^ February 6, 1821. J 

M 



H4 



PUBLIC OFFICERS. 



JN FORCE ^^ ^^^ CONCERNING PUBLIC OFFICERS, AND PAYMENT' 

^AN. 19, 1829. OF MONEY OUT OF THE STATE TREASURY. 

Sec. 1. Be it enacted by the People of the State of 
Officers in- Illinois i epresenied in the General Assembly^ That no mo- 
debted to the nej shall hereafter be paid out of the puijlic treasury, to 
state, not to ^ny officer of this state, duly appointed and commisson- 
ed, towards his annual salary, who is now, or shall here- 
after be, justly indebted to the state, or to the state bank, 
Provided or any of its branches, which indebtedness shall have 
there be a been previously ascertained by the judgment of a court 
'^ainst them of justice, until such oracer shall have accounted for, 
and paid into the treasury, or into the state bank, as the 
case may be, all sums for which he may be liable, and 
justly owing; and the cashier of the principal bank is 
required lo return to the auditor of public accounts, on 
Defaulters to or before the first day of March next, and every year 
be reported thereafter, a list of all such officers, who are defaulters 
to the auditor to the said bank, or any of its branches; and it shall be 
the duty of the auditorand treasurer of state to ascertain, 
from the different departments, who are defaulters with- 
in the meaning of this act, the amount of any such debt, 
or debts, for which judgment shall have been rendered, 
as aforesaid, and to retain and withhold the salary of 
every such officer, until he shall have accounted for and 
Proviso P^^^ h^^ debt, or debts, as aforesaid: Provided^ that this 

act shall not be construed to extend to those persons who 
have paid their regular instalments to the state bank, or 
Further pro- either of its branches: Provided, also, that no person shall 
y^^^ be affected by this act, by reason of a li ibility to the state 

bank, or either of its branches, excepting where there is 
a judgment obtained against them, and tiie^same remains 
unsatisfied. This act to be in force, from and after its 
passage. 

[Approved, January 19, 1829.] 



J« F0RC£, .J, j^^r^ RELATIVE TO THE SEVERAL OFFICERS THEREIN NAMED. 
A'». 22, 1829. 

Sec. 1. Be it enacted by the people of the state of Illi- 
nois, represented in tlie General Assembly, That the attor- 
ney general, and each state's attorney, shall, on or 



PUBLIC OFFICERS. 



115 



before the first day of March next, make and execute Attorney gen- 

a bond to the governor of the state, and his succes- ^!i?' *^ ^^^^f ^ 

rt' -1 I -I n^ - 1 • 1 attorneys to 

sors m oiTice, with good and suihcient security to be give a bond 

approved of by the governor, in a sum sufficient to 
cover all notes to the state bank, or its branches, put 
into his or their hands for collection by the cashiers 
of the principal bank, or i*;s branches; and the gov- 
vernor shall, should he deem it necessary, require said 
attorney general, and each of said state's attorneys, from 
time to time, to give bond with additional security. 
Said bond or bonds, shall be conditioned that said attor- 
ney will well and faithfully collect and pay over all 
moneys by him collected, or to be collected upon said 
notes of said bank, to the cashiers thereof so soon as the 
same shall be collected. 

Sec. 2. Each of the cashiers of the said bank, Account of 
shall, from time to time, when required by the governor notes furnish,-. 
transmit to him an account of all notes so placed in the tfoo'^g^aiJ^bJ 
hands of said attorneys, as aforesaid; and upon failure made to the 
or refusal of said attorneys to give such bond and secu- governor 
rity as required in this act, the governor shall forbid all 
persons frompayiftg j^aid moneys to such attorney; and 
€very payment made to such attorney, after such refusal 
or neglect to give bond, and notice thereof as required 
shall be void, and the persons paying the same shall be lia- 
ble, and shall repay ^uch sum or sums, so by them paid to 
such attorney to The «tate bank, or to the state as the 
case may be, or to such officer as the legislature may 
authorize to collect the same. 

Sec 3. The office of judge of probate, county sur-c^^tajn offices 
veyor, recorder, the office of clerk of the circuit and declared va- 
eounty coTTimissioners' courts, shall be deemed vacant ^^^^ ^3^ "°^' 
when such officer holding any of said offices, shall leave '^'^^"''^ 
the county wherein be may hold said office, and per- 
manently reside out of the same. 

This act to be in force from and after its passage. 

[Approved, January 22, 1 829.] 



116 



KECORDERS AND CONVEYANCES* 



Is PORCE, 

JULV 1, 1829. 

Recorder's 
office estab- 
lished 



Recorder to 
provide books 
and record 
deeds 



The words 
*^grai)t, bar- 

?i!in& sell" 



Proviso 



Mortgages 



Satisfaction 
tliereof 



refusal to en- 
ter 
sfvtisfaction 



AN ACT RELATING TO THE OFFICE OF RECORDER. 

Sec. 1 . Be it enacted hy the people of the state of Illir- 
nois^ represented in the General Assembly^ That there shall 
be an office of recorder, in each and every county, which 
shall he called and styled " the recorder's office,'' and 
shall be kept in some convenient place at the county 
seat, in the respective counties; and the recorder shall 
duly attend to the duties of the same, and at his own 
proper costs and charges shall provide parchment, or 
good large well bound hooks, of rojal or other large 
paper, wherein he shall record, in a fair and legible 
hand, all deeds and conveyances, which shall be brought 
to him, for that purpose according to law. 

Sec. 2. All deeds to be recorded in puisuance of 
this act, whereby any estate of inheritance, in fee simple 
shall hereafter be limited to the grantee and his heirs, the 
words grants bargain^ sell^ shall be adjudged ap express 
covenant to the grantee, his heirs and assigns, to-wit: — 
That the grantor was seized of an indefeasible estate, 
in fee simple, freed from incumbrances, done or suffered 
from the grantor, except the rents and services that may 
be reserved, as also for quiet enjoyment against the 
grantor, his heirs and assigns, unless limited by express 
words coptained in such deed: Arid that the grantee, 
his heirs, executors, administrators, and assigns, may in 
any action assign breaches, as if such covenants were 
expressly inserted: ProrzVW, always, that this law shall 
not extend to leases at rack rent, or leases not exceeding 
one and twenty years, where the actual possession goes 
with the lease. 

Sec. 3. Every mortgagee of any real or personal 
estate, in this state, having received full satisfaction and 
payment of all such sum or sums of money as are re- 
ally due to him or her from the mortgagor, shall at the 
request of the mortgagor, enter satisfaction upon the 
margin of the record of such mortgage, in the recor- 
der's office, which shall forever thereafter discharge and 
release the same, and shall bar all actions or suits 
brought, or to be brought, thereupon. 

Sec. 4. If such mortgagee, by himself or herself, 
his or her attorne), shall not within three months after 
request, and tender made of his or her reasonable char- 
ges, repair to said office, and there make acknowledg- 
ment as aforeSfUdj, he or she neglecting or failing so to 



RECORDERS AND CONVEYANCES. 



117 



do, shall for every such offence forfeit and pay to the 
party or parties aggrieved, any sum not exceeding the 
mortgage money, to be recovered in any court of record 
by action of debt. 

Sec. 5. The governor, by and with the advice and Recorders 
consent of the Senate, shall appoint a recorder in every ^^w to be ap- 
county, now, or hereafter to be created, where there is no 
recorder already appointed in such county. But be- 
fore any of the recorders enter upon the duties of his 
office, he shall become bound to the governor, and his t „• u j 
successors in office, with one or more sufficient sureties, ^ 
in a bond for five hundred dollars, conditioned for the 
true and faithful execution of the duties of his office, 
and to deliver up the records and other writings belong- 
ing to his office, safe and undefaced to his successor in 
said office: which said respective bonds, shall be filed in 
the secretary's office, and there safely kept, in order to 
be made use of, for making satisfaction to the parties that 
shall be dam'dfied or aggrieved, as is or shall be in such 
cases directed by law. 

Sec. 6. And no recorder whatsoever, now, or here- Penalty for 
Sifter to be appointed, as aforesaid, shall enter upon or "?^^f*^*^^^ *^ 
oihciate in his said otfice, before he hath given such 
security, as aforesaid, upon pain of forfeiting the sum of 
one hundred dollars, one half to the state, and the other 
half to him or them that shall sue for the same, to be 
recovered as aforesaid: but no record made by him 
shall be vacated or so avoided as to operate against the 
parties, to the instrument recorded, by reason of such 
recorder not giving such bond. 

Sec. 7. Every recorder shall keep a fair book in Entry book 
which he shall immediately make entry of every deed or 
writing brought into his office to be recorded, mention- 
ing therein the date, the parties and the place where 
the lands, tenements or hereditaments, granted or con- 
veyed by the said deed or writing, are situate, dating 
the entry on the day on wiiich such deed or writing was 
brought into his office, and shall record all such deeds 
and writings in regular succession, according to the pri- Deeds to be 
orityof time of their being brought into said office; and «"t;ordedin 
shall also make and keep a complete alphabetical index index '"" 
to each record book, shewing the page on wliich e > n 
instrument is recorded, with the names of the parties ^"' receipt 
thereto: h^ shall give a receipt to the p'.:rson bririging 
such deed or writing to be recorded, bearing date on 
the same day as the entry and containing the abstract 



it 

I 



118 



HEVENUE. 



} 



Acts repealed aforesaid, for which entry and receipt he shall be entt* 
tied to no fee or compensation whatever. 

Sec. 8. The act entitled " an act establishing the 
recorder's office, and for other purposes," approved, 
February 19, 1819, is hereby repealed, but nothing 
herein contained shall be so construed as to affect or 
remove from office any recorder appointed under that 
act, but he shall continue in office as though this act had 
not been passed, nor shall any of his legal acts as such 
be hereby impaired. 

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

[Approved^ January 8, 1829.] 



REVENUE. 

IN FORCE . 

yrt locio AN ACT AUTHORIZING THE COMMISSIONERS OF THE SCHOOL AM® 
JAN. 17, loXy. 

' SEMINARY FUND TO LOAN THE SAME TO THE STATE. 

zed^o'borrow ^^^* ^* ^^ ^' enacted hy the people of the state of Illi- 
the school & noist, represented in the General Assembly^ That the gover- 
seminary fund j3or is hereby authorized to borrow on account of the 
state, of the commissioners of the sthool fund, all the 
specie they now, or hereafter may have, and of the com- 
missioners of the seminary fund, the amount that may 
be received from the sales of seminary lands, at the rate 
of six per cent, interest, per annum; said interest shall 
be added to the principal at the end of each and every 
year, until the money, borrowed as aforesaid, shall be 
refunded ; and said commissioners are hereby authorized 
and required to loan the same, for the use of the state. 
Sec. 2. The money thus borrowed, shall be deposited in 
IWoneytobe the Treasury, to meet the current expenses oi the gov- 

depositedin e^ment, for the three last quarters of the year 1829, 
the treasury ' ,>^^ ah i . i i "fi t 

and the year 1830. All warrants issued by the auditor 

Warrants to after the last day of march next for payments which 
t>e^paid there- gj^^jj become due after that day, shall be issued for the 
amount in specie, which may be due the individual in 
whose favour such warrant is issued; except where the 
Exception contract, debt or appropriation, is, or shall be, for state 
paper, in which case the auditor shall specify that said 
warrant is to be paid in state paper: and no portion of 
the money, to be borrowed under the provisions of this 
act, shall in any case, be paid out of the treasury, in 
payment of warrants issued, or to be issued by the au- 
ditor beforf^ the first day of April next. 



REVENUE. 11^ 

Sec. 3. All warrants issued previous to the first day ^^^T^nk^ 

« . .. , . • 1 1 II . J- L • 1 • "^ rants shall be 

of April next, or which shall at any time be issued in pay- issued before 

ment of any debt, due or payable before the said first April next 
day of April, wiiere the debt or demand shall be paya- 
ble in specie, shall be issued for slate paper at the rate 
of seventy cents to the dollar. 

Sec. 4. The treasurer shall, after reserving state pa- State paper 
per sufficient to redeem all the warrants now due, (ex- & warrants 
cept those belonging to the school fund) and all that may i„to ihe trea^- 
be issued previous to the first day of April next, proceed ur> to be 
to burn in the presence of the governor, auditor of^"'""^ 
public accounts, and secretary of state, within ten days 
after the expiration of each quarter all of said paper 
that may remain in the treasury at the end of eachsuc- 
ceedingquaiter, entering the amount of the same in an 
account to be opened for that purpose. 

[jipproved^ January 17, 1823.] 



~^=<y^ 



AN ACT SUPPLEMENTAL TO AN ACT, ENTITLED "AN jjij FORCE 

ACT TO PROVIDE FOR RAISING A REVENUE." JAN. 19, 18'^. 

Sec. 1. Be it enacted hy the people of the state of Illi- 
nois^ represented in the General Jlssemhly^ That any resi-^^';"^"^^. . 
dent of this state, owning lands in a county in which he "^nd either 
does not reside, may list such lands, either in the county with the au- 
in whicb he resides, or in the office of the auditor of ^^^°'' o'" "' ^*^® 
state. If he shall list such lands in the county, he shall J^°!!" ^ . 
pay the taxes thereon to the sheriff; but if such lands p,.,jnty 
shall be listed in the auditor's office, the taxes thereon if listed with 
shall be paid into the state treasury. In listing lands the auditor 
lying in another county, the owner shall state particu- 7^^^ ^"^""^J 
larly in what county each tract is situated: ^^ovid- ^^^^ ^^ ^^^ 
ec/, that in all cases where any part of the survey, or counties 
tract of land belonging to any individual, or individuals, 
shall be situate in the county in which such owner, or 
owners, may reside, the whole survey or tract shall be^?J9^^. ^"^ ., , 
listed for taxes, in said county, as resident lands: ^?i<^ payments 
provided also^ that in all cases where partial payments have been 
only shall have been made to the United States for any °aadeto U. S. 
lands listed for taxation, as aforesaid, the taxes to be paid 
thereon shall be in proportion to the instalments which 
shall have been paid thereon, as aforesaid. 

Sec. 2. The sheriff shall settle with the county com- 



120 



REVENUE. 



treasury 

Counties on 
the bounty 
lands 



fh"^ff™^'f^ ^^missioners' court, at the March term of said court, in each 
made ' ^^d every year, which settlement shall be entered on the 

What money records of said court; and siiail pay into the county 
to be paid in- treasury, on or before the tirst Moiiday of March, .ii.nu- 
to county ally, the whole of the tax collected b) him, on property 
taxed by order of the county commissioners' court; and 
in all counties, except those on the military bounty tract, 
the sheriff shall also pay into the county treaMiry the 
whole amount of the tax collected by him on land ^ lying 
within the county. In lieu of the taxes paid by residents 
of the several organized counties on the military bounty 
tract, upon lands lying in said counties, the state treas- 
urer shall pay, on the warrant of the auditor, to the 
county commissioners of each of the counties of Pike, 
Adams, Fulton, Calhoun, Peoria, and Schuyler, for the 
use of the county, the Sum of seventy -five state paper dol- 
lars, annually, in addition to what the said counties re- 
ceived for the last two years; and any county which may 
hereatler be organized upon the military tract, shall, up- 
on its organization, be entitled to receive a similar, sum 
out ol' the state treasury. All the taxes on lands lyiig 
in the military hour, ty tract, and all the taxes collected 
by him on lands lying without the limits of his county, 
shall be paid by the sheriff, on or before the first Monday 
of March, annually, into the state treasury, deducting 
seven and a half per cent, as his compensation for col- 
lecting the same; and asimilai compensation shall be al- 
lowed to all sheriffs for collecting taxes on real or person- 
al property. 

Sec. 3. The county treasurer shall finish taking in the 
list of taxable property, and make his return to the clerk 
^, , of the county commissioners' court, on or before ti^e fir^t 

com. to trans day of July, annuall}/ ; and on or before the fifteenth 
njit list to the day of July, tiie clerk of the county commissiorers' court 
shall transmit to the auditor, by mail, a transcript of all 
lands listed for taxation in his county; and all lands not 
listed in the county, shall be sold as non-resident lands by 
the auditor, if said lands are not listed, and taxes there- 
on paid to him, as provided in the first section of this act. 
For the transcript of the list of taxable lands, Hsted in 
the countv, the clerk of the countv commissiojers" court 
shall be entitled to two cents for each tract described in 
such transcript, to be paid out of the state treasury. 

Sec. 4. It shall be the duty of the clek of the county 

commissioners' court to insert, in an appendix to the book 

li?ted with received by him from the auditor, a full and complete list 

him, lying out and description of all lands lying ou t of the countv , but list- 
of the county 



Fer cent, to 
shcritTs 



Duty of coun- 
ty treasurer 



auditor 



His duty to 
sell 



Clerk to be 
paid for 
transcript 



Clerk shall 
note the lands 



TlEVENTTfi. 



121 



ed with him, or with the county treasurer, by residents of 
the county. And the cleik shall correct sucli inac- 
curacies, and supply such delects, in said list, as ntiay, ■ " ''"^^i,, 
' .*^*' 1111 •^'inaccuracies 

trom tim€ to time, come to his knowledge. 

Sec. 5. If tlie transcript of taxable lands, listed for 
taxation in any county, sfiall not be received at the au- 
ditors otiice on or belbre the tir'*t day of August in any » r* 

I II I I I r I i- I Auditor maw 

year, it shall be the duty oi the auditor to send a mes- send a mes- 
senger to the clerk of the coutity commissioners' court of seng;er for 
such county, to demand such transcript, and it shall be ^"^^ 
the duty of said clerk to deliver the same to the messen- 
ger without unnecessary delay: said messenger shall be 
ei ti(h'd to receive out of .the state treasury, on the war- 
rant of the auditor, ten cents for each mile itecessarily 
travelled by him, in going after said list, and retunsiitg ^'^. ^o^P^*^" 
to the seat of government. If the clerk of the commis- ' 
sioners' court of any county shall neglect to traiismit said 
list to the auditor, at the time, and iiithe manner, requi- 
red bv law, he shall forfeit and pay the sum of twenty- 
five dollars, to be recovered by action ol debt, with costs iec^tin^"uffor- 
of suit, in the name of the auditor, for the use of the state, ward Tist, to 
before any court having cogriizance of the same, be fined 

Sec. 6. The sheriff shall no% in any case, sell for tax- 
es any land not ivinsr within his county: but if he caii-^^f"^?°*.** 
not obtain the taxes on such land by the sale of the per- out of his 
sonal property of such delinquent, he shall certify the county 
fact to the auditor, who shall credit the sheriff with the ^^^J^^^^^^^' J'^ 
amount of such delinquencies, and proceed to advertise perty, the au« 
and sell such lands, in the same manner, and at the same ditor may sell 
time, as the lands of non-resident delinquents. ^^"^ 

Slc. 7. If any sheriff shall fail to pay over to the coun- 
ty treasurer the amount of taxes due, or other n^^^'^^J^ Sheriff failing 
belonging to the county, on or before the first Monday to pay over 
of March, annually, it shall be the duty of said treasurer money 
to inform the county commissioners' court of every such Treasurer 
failure, at their March term, which court shall thereup- ^^^^^j^^^^Ji^ *°" 
on issue a citation to such delinquent sheriff, to be serv- thereof 
ed by the coroner, or any. constable of said county, re- Proceedings 
quiring him to attend and shew cause, at said term, why ^?^^!^^ ^^^' 
judgment should not be entered against him. And upon ^ ^" 
hearing and examining the case, the said court shall pro- 
ceed to enter up a judgment, in favour of the county trea- 
surer, for the amount due from said sheriff; and the clerk 
of said court may issue execution thereon, directed to the 
coroner, or any constable of said county, returnable as in 
cases of execution issued by the clerk of the circuit court. 

Sec. 8. Whenever, in the opinion of the county 



J 22 



REVENUE. 



How the trea- 
surer may re- 
value pro- 
perty 



tetters and 
figures njay 
be used in de- 
scribing land 

LatK] fahall be 
advertised for 
sale 



Allowance to 
the printer 

Shall deposit 
a copy of adv. 
with auditor, 
trea. & sec. of 
state, and for- 
ward copy to 
clerk com. 
courts 

Which shall 
be filed 

Auditor's 
deed evidence 
of regularity 
of sale 

Formal ex 
ceptions to 
deed shall be 
overruled 



How land 
may be re- 
deemed from 
two sales 



Two or more 
tracts in one 
deed 



treasurer, any person shall list his property below it? 
real value, it shall be the duly of said treasurer to alter 
the valuation thereof, in such manner as to make it as 
nearly equal to the general valuation of the same species 
of property as pot^sible; and^io person shall be compell- 
ed to value his propert}^ under oath. 

Sec. 9. In describing the lands advertised for sale, for 
taxes, letters and figures may be used, as they have here- 
tofore been, to denote townships, ranges, sections, qilcir* 
ter sections, and parts thereof, and the years for w^iich 
taxes are due. The auditor shall cause the transcript 
required by the third section of this act, to which this is 
a supplement, to be published once in some paper print- 
ed in the state, which publication shall be at least seven- 
ty-five days before the day of sale 5 and the printer shall 
be allowed eight cents, state paper, for each tract so ad- 
vertised. It shall be the duty of the printer to deposit 
one copy of the said list with the auditor of public ac- 
counts; one copy with the treasurer of the state; and 
one copy with the secretary of state; and forward 
one copy to each of the clerks of the county commis- 
sioners^ court in the respective counties; and it shall 
be the duty of these officers to file and preserve the 
copies, so furnished, in their respective offices, as records 
thereof; and copies, taken from them, shall be evidence 
in any court of justice within this state. It shall not be 
necessary for any purchaser of lands, so sold for taxes, to 
obtain, keep, or produce, any advertisement of the sale 
thereof, but his deed from the auditor of public accounts 
shall be evidence of the regularity and legality of the 
sale, until the contrary shall be made appear: Provided^ 
however, that no exceptions shall be taken to any such 
deed, but such as shall apply to the real merits of the case, 
and are consistent with a liberal and fair interpretation 
of the intentions of the legislature. 

Sec. 10. Thatifany purchaser of lands sold for taxes, 
shall suffer the same to be sold a second time, before the 
expiration of the two years allowed for the redemption 
of the same, the person, or persons, whose lands shall 
have been so sold, may redeem the same from both sales 
by paying into the state treasury, upon the auditor's cer- 
tificate, the tax and costs of the first sale, and double the 
amount of the taxes, interest, and costs, for which they 
were sold at the second sale: Provided^ that nothing in 
the act, to which this is an amendment, shall be so con- 
strued as to prevent the auditor from incorporating, in 
the same deed, two or more tracts of landj if thfe pur-» 
chaser shall require it. 



REVENUE* 



123 



Sec. 11. The sales of lands, or town lot?, hereafter 
sold by the sheriff for taxes, are hereby declared to be^^Jf ^J^'**"^' 
good and valid, and he is required to give a certificate and by sheriff 
keep a list of the same, and if not redeemed within two ^p^^ ^ ^^ 
years, by paying double the amount of^uch sale to the t edeemed 
sheriff or purchaser, to make and execute a deed, and 
acknowledge the same before the clerk of the circuit Deed for same 
court, for such lot, or lots, and which deed shall vest the ^°^ "^'^^^ 
fee simple in such lot, or lots, in the purchaser and his *^"^^* thereof 
heirs: Provided, the sheriff shall give thirty days' notice Notice of sale 
of the time and place of such sale, by putting up writ- 
ten or printed advertisements, in three of the most pub- 
lic places in the county, describing therein the lot, or 
lots, to be sold. The sheriff's deed shall be evidence of Sheriff's deed 
the duties, required of him, having been performed, un-^^^'^^"^^ °^. 
til the contrary shall be proved: to acknowledge a deed sale 
for the same, as in other cases of sale by him. 

Sec. 12. The auditor of public accounts may issue aDupliate 
duplicate deed of any tract of land which may have been deeda 
sold for taxes, whenever the original deed of such tract 
has been lost, or mislaid. Notice of application, for such On proper no- 
duplicate, shall be published in the newspaper printed at tice 
the seat of government, for three successive weeks, at 
least three weeks preceding such application: and the 
owner of any lost deed, so applying, shall file an affidavit, -^^d affidavit 
setting forth that said deed has been lost, or mislaid, and 
has not been transferred or conveyed by him. 

Sect. 13. The county commissioners' courts, in each 
and every county, shall have power to levy and collect an "^^^ °" ferries 
annual tax, on each ferry within their respective counties roads^*^^^^ 
according to the value or annual income of said ferry; 
and all moneys, so eolUcied, shall be laid out under the 
direction of said commissioners, for the opening and re- 
pairing the public roads leading to and from such ferry, 
and within ten miles of said ferry, from which such money 
may have been collected, and for no other purpose: Pro- 
vided, they shall not collect from any one ferry, in one 
year, a sum to exceed three hundred dollars. 

Sec 14. That sections 14 and 20, o*the act to which 
this is a supplement ; and so much of said act as requires l^^^. repeal- 
sheriffs to .ettle with the clerk on the first Monday of De- ed 
cember, or allows the county treasurer till the first of 
August to take in lists of taxable property, and make his 
return to the clerk; and so much of the 17th sec'ion of 
said act as requires the sheriff to leave written notices in 
certain cases; and so much of the third section as requires 
the lists of lands of non-residents delinquents to be pub- 



iU 



KIVERS. 



lished three weeks, successively ; and so murh ofthe same 
sectio'j ah rillows the printer ten cents a tract tor puLlish- 
iiig said lists; are hereby repealed. 

[w^jo^roW, Ja/iitflfry 19, 1829.] 



RIVERS. 



IDf FORCE, 

JAN. 23,1825. 

Bcura of com- 
missioners 



Made a body 
corporate 



Where to 
meet 

Their duty 



Quorum 



AN ACT TO PROVIDE FOR THE IMPROVEMENT OF THE KASKASKiA 

RIVZR. 

Sbc. 1 . Be it enacted by the people of the state of llli- 
' nois represented in the General Assembly^ That Shad racfe 
Bund of Randolph county, Edward Newshann of Mon- 
roe county, Samuel Morrison and Hartshorn White of 
IVashlngton county, Charles Slade of Clinton county, 
and Wilham Lee D. Evving of Fayette county, be, and 
the)' are hereby appointed a board of commissioners for 
the improvement of the navigation of the Kaskaskia 
river; and, moreover, they are hereby constituted a 
body corporate and politic, and may sue and be sued^ 
plead and be impleaded, in any court in this state. 

Sfx. 2. Said commissioners, or a majority of them, 
shall meet at Carlyle, on the first Monday of June next: 
they shall appoint a chairman and secretary from their 
number, and shall keep a record of their procee'dings: 
they shall have power to fix upon their adjournments, 
and the time and place of their meetings: they shall ap- 
point Ji committee of two from their body, whose duty 
it shall be, at such time as the board of commissioners 
shall direct, and at such time as the stage of water in 
said Kaskaskia river will permit, to make an examination 
of said river from Vandalia to the town of Kaskaskia, 
and make a detailed report to the board, at their next 
regular meeting, of all the obstructions to the navigation 
of said river, from shoal<, ripples, timber or drifi wood; 
a copy of which report, the board shall cause to be laid 
before the next legislature, with such additional infor- 
mation as said board may be able to give, touchifjg the 
improvement of tr e navigation of said river. 

Sec. 3. A majority ot said commissioners shall con- 
stitute a quorum to do business: they shall det(^rmine 
upon the best and most expeditious matujer of removing 
the obstructions from ilrift wood or limber in syio r er: 
they shall have povfer to engage such number of handsj 



RIVERS. 



125 



teams, &:c. for the removal of the drift wood and timber / 
from said river, as they may deem necessary and proper; 
a memorandum of which, and of all acts done by said 
board, shall be entered in their records, a copy of which 
they shall transmit to the next legislature, together with 
their aforesaid report. 

Sec. 4. So soon as the stage of water in said river Obstructions 
will permit, said commissioners shall cause the workof^°^^'^^°^°^®*^' 
removing the timber and drift wood, which obstruct the 
navigation of said river, to be commenced under the su- 
perir tendence and direction of one or more of the said 
commissioners, and who shall be designated by the board 
for that purpose. 

Sec. 5. The board of commissioners shall cause the Where to jae- 
work to be commenced as low down on said river as they g*" 
shall deem expedient, and they shall cause the obstruc- 
tions to navigation, from drift wood or timber, to be 
removed and cleared out as high up said river as they 
shaj^l deem it capable of being made navigable, or until 
all the appropriation herein made for that purpose, 
shall be expended. 

Sec. 6. Said commissioners shall be entitled to a Gompensa 
reasonable compensation for their services, to be paid tio" to comVs 
out of the proceeds of the sales of Vandalia lots, here- 
after to be sold, which compensation shall not exceed 
two dollars per day, while said commissioner or com- 
missioners shall be actually engaged in said work. For ^PP^^P^^^^ 
the purpose of improving the navigation aforesaid, of ^^^^ 
said Kaskaskia river, the sum of two thousand dollars is 
hereby appropriated, out of the first sales of Vandalia 
lots, hereafter to be made; and the auditor shall issue 
his warrant for the same, as soon as the aforesaid sum, 
or any part thereof, is received from such sales, from 
time to time, as the said commissioners, by their order 
on said auditor, shall require. 

Sec. 7. Said commissioners are authorized to re- proceer<s of 
ce^ve two thousand dollars out of the proceeds of the Vermilion 
sales of the Vermilion saline lands, appropriated to the^ °^ 
improvement of the navigation of the Kaskaskia river, 
and to apply the same as is above directed in this act, Donation 

Sec. 8. Said commissioners are also authorized, in ^*'P'^^°'^&''^^' 
case a donation of land shall be made by Congress, in 
aid of the above described improvement, to proceed 
for' h with, on receivir.g notice thereof, to select the said To be report 
lands, and when selected, to report the samf^ to the au-^*^ ^^ ^^^a^^is 
dit)r of public accounts^, w^>o si ^^^ sell the sam^, in the ^ °^^^ 
same manner as the seminary iduds are directed to be 
' N 



126 



ROADS, 



sold, by an act entitled "an act to provide for tlie sale 

Proceeds to be of seminary lands," passed at the present session of the 

paid over to legislature, and who shall pay over the proceeds of the 

said sales to said commissioners, to be applied by them 

as all other moneys mentioned in this act. 

This act act to take etTect from and after its passage. 

[Approved, January 23, 1829.] 



-^jor^ 



IIOADS. 



In force, an act providing for a change in a part of the state road 
dec. 26, 1828. leading from springfield to paris. 



-iload chang- 
ed 



-iJom'rs ap- 
pointed 



Where to 
meet 

To take an 
Ajath 



Their duty 



To make a 
survey and re 
port 

^oad declar- 
ed a state 
road 

i)utyof coun 

f com'rs 



Sec. 1. Be it enacted hy the people of the state of J Hi- 
nois, represented in the General Assembly^ That that part 
of the state road laid out Irom Springfield, Sangamon 
county, to Paris, in Edgar county, which hes between 
Springfield and the house of David Owens, in Sanga- 
mon county, be, and the same is hereby vacated. 

Sec. 2. That John Dawson, Sowyel Cox and John 
Hoover be, and tht^y are hereby appointed commission- 
ers, to view, survey and locate a road I'rom Springfield, 
to intersect the state road leading from Springfield to 
Paris," at or near the house of David Owens, in Sanga- 
mon county: said commissioners, or a majority of them, 
shall meet at the town of Springfield, on the first Mon- 
day in March next, or within ten days thereafter, and 
after being sworn before some justice of the peace, 
" honestly and faithful!} to discharge the duties requir- 
ed of them by this act," shall proceed to view, survey, 
mark and locate said road, crossing the Sangamon river 
at .Judd's ferry; thence on the best ground, passing be- 
tween the farms of Valentine Mallory and Samuel 
Danley, thence by the house of Christian Shinkles and 
John Dawson, thence through said Dawson's woodland, 
to the termination: and said commissioners shall, as soon 
as may be, make and cause a true survey and map 
"of said road, signed by them, to be lodged with the clerk 
of the county commissioners' court of Sangamon county. 

Sec. 3. Said road, when laid out as aforesaid, shall 

be deemed and considered a public highway: and the 

commissioners' court of Sangamon county, shall cause 

. the same to be opened four poles wide, and to be worked 

and kept in repair as other county roads; and the said 



O-^y 



ROADS. 12 

Court shall allow said commissioners a reasonable com- Compensa- 
pensation for their services, to be paid out of the county ^^°^ of com'rs 
treasury. 

This act to take effect and be in force from and after 

■ its passage. 

I [Jpproved^Decemb€r26,\S2S,J 



—^^O^ 



AN ACT RELATIVE TO THE ROAD LEADING FROM CARMI TO j^ FORCE, 

COLLINS'S FERRY. DEC.26, 182S> 

Sec. 1. Be it enacted by the people of the state of Illi- 
nois^ represented in the General Assembly^ That the road Declared a 
leading from Carmi, in White county, to Collins's ferry, ^^^^^ '^'^^^ 
on the Big Wabash, is hereby declared a state road* 

This act to be in force from and after its passag*. 

[Approved^ December 26, 1829.} 



w 



AN ACT TO IMPROVE THE STATE ROAD, BETWEEN MC'CAWLEY'S Tn F0RC£, 

BRIDGE AND THE MUDDY FORK, IN CLAY COUNTY. jj^jy. 2, 1829. 

Sec. 1. Be it enacted by the people of the state of 
Illinois represented in the General Assembly^ That the 
sum of three hundred state paper dollars be, and the Appropria- 
same is hereby appropriated, out of the state treasury, tion 
towards improving tlmt part of the state road leading For what pur- 
from Vincennes to Carlyle, &c. which lies between P°^^ 
McCawley's bridge and the Muddy Fork, in Clay county. 

Sec. 2. The auditor of public accounts is hereby Auditor to 
required to issue his warrant on the treasury, for the ^^^"® warrant 
said sum of three hundred state paper dollars, in favour 
of the county commissioners of said county of Clay, 
on the application of said commissioners, who shall ex- 
pend the same as they may deem most advisable, in im- 
proving said road. 

This act to be in force from its passage. 

[^Approved^ January 2, 1829.] 



r28 



ROADS* 



IN FORCE, 

JAN. i 05 1829. 



AN ACT FOR A CHANGE IN A PART OF THE STATE ROAD LEADING 
FROM PARIS TO VANDALIA. 



f. 



om rs ap- 
poiDted 



Their duty 



Sec. i. Be it enacted by the people of the state of Illi- 
nois represented in the General Assembly^ That Robert 
Brooks, Joseph Curtis and William IVluiphy be, and they 
are herebj appointed connmissioijers to view and re-lo- 
cate that part of the state road leading from Paiis to 
Vandalia, that lies between Paris and the sixteenth sec- 
lion, in township 13 north, range tw^elve west. 

Sec. 2. Said commissioners shall meet in Paris, on 
or before the first Moudaj in April next, and after being 
sworn before some justice of the peace, shall proceed 
to view, mark and locate said road on the nearest and 
best route, taking into consideration the public good, 
and the damages sustained by private individuals. 

Sec 3. Said commissioners shall, within fifteen days 
after the location of said road, cause a true survey or 
survey and re- map of the same to be lodged with the clerk of the 
^^^ county commissioners' court of Edgar county; ^md said 

road shall in all respects be deemed a public highway, 
and shall be opened and kept in repair as other public 
roads are. And the commissioners' court of Edgar 
county, shall allow to the said commissioners a reasona- 
ble compensation out of the county treasury. 

This act to take effect and be in force from and after 
its passage 

[Approvedj January XOjlKj^d.'l 



To make a 



Their com-5 
pensatiou 



Lv FORCE, 

January 20, 
1829. 



Cotn'rs. ap- 
apointed 



To locate a 
road from 
Belgrade to 
the state road 
from Golcon- 
da 



Shall take an 
oath 



AN ACT TO APPOINT COMMTSSIONERS TO LAY OUT THE ROADS 
THEREIN NAMED. 

Sec. 1. Be it enacted by the people of the state of Illi- 
nois represented in the General Assembly,^ That James 
Greene, Joshua Teague and Bennett Towlson be, and 
they are hereby appointed commissioners to view, sur- 
vey and locate a road from Belgrade, in the county of 
Pope, by Greene's mill, to intersect the state road lead- 
ing from Golconda to Vandalia, near Massac or Peteilo's 
bluff. 

Sec. 2. The said commissioners, or a majoiity of 
them^ shall meet at some convenient place, on the first 
Monday of May next, or within three months tliereafter, 
who, after being duly sworn before some justice of the 



re- 



ROADS. 129 

peace, faithfully to observe the provisions of this act, 
sliali proceed to view and locate said road, taking into 
consideratioi! the local situation of the country and the 
public coiiver/ience, and shall fix said road on the 
most advantageous ground for a permanent road: and 
the said commissioners shall, on or before the first Mon- 
day IP September next, make, or cause to be made, a And make 
true surv^\v and map of said road, which, being signed turn to the 
by them, shall he delivered to the county commissioners' '^^"'^^y com'rs 
court of the county of Pope, 

Sec. 3. The said road, when laid out as aforesaid, 
shall be deemed and considered a state road, and shall 
be oper.ed, worked and kept in repair, as other state 
roads are: and the said commissioners, so appointed, 
si M leceive such compensation out of the county treas- Their com- 
u ♦ , as the commissioners' court may deem just and rea- pensation 
sen able. 

Sec. 4. John D. Hughes, Joseph Folkes, Samuel Com'rs ap- 
Milchell, junior, and John S^ecl, are hereby appointed P°^°*®*^ 
corrmissioners, to lay out aid survey a road from the ^°^Y^"j,f._ 
Illinois town, passing the French village and BelvilIe,nois town to 
in St. Clair county, thence to Talman's ferry, on the Franklin 
Kaekaskia river, thence to Cyrus Sawyer's in Washing- '^"'^"'^ 
ton county, and thence to Kirkpatrick's, on Little Mud- 
d}, in Franklin county: the survey of said road shall be Survey to be 
recorded in the proper counties, and when so recorded, '^^^^^^^^ 
said road shall be a public stale road. The road already S^^^Vt^^k's 
laid out from said Kirkpatrick's, on Little Muddy, to the to Big Muddy 
place where the road from Kaskaskia to Shawneetown a state road 
crosses Big Muddy river, is likewise declared a public 
state road. All of which said roads shall be repaired 
and kept open as other public roads are. 

Sec 5. The said last named commissioners, shall Compensa- 
receive for their services, a just compensation, out of ^^°" *° com'rs 
the funds of the counties of St. Clair, Washington and 
Perr). 

Sec. t3. Easton Whitton of Montgomery county, Com'rs ap- 
Levi Casey of Shelby county, and W^illiam Whitley of Pointed 
Edgar county, are hereby appointed commissioners to 
view, mark and lay out a road from Hillsborough, in '^° ^^y ""* ^ 
Montgomery county, to Shelbyville, in Shelby county, f°Q^^ Hills- 
and thence to Paris, in Edgar county. Levi Jordan and boro' to Paris 
Benjamin Walden of Shelby county, and Matthias Shel- Com'rs ap- 
ton of Sangamon county, are hereby appointed commis- pointed 
sioners to view, mark and lay out a road from Lawrence- ^^ , / °"* ^ 
vilie, in Lawrence county, by the way oi btringtown, to Lawrenc'ville 
Shelby villa, in Shelby counts, and thence to Springfield, to Springfield 



130 ROADS. 

Com'rs ap- in Sangamon county. And John Ward, Thomas Rob 
pointed inson and Will'mnf A. Hodge, are hereby appointed com- 

To Jay out a missioners to view, mark and lay out a road from Shel- 
=ihe]|/'^ville to t>yville aforesaid, through Ward's settlement, thence 
the Illinois through Tazewell county, to the mouth of the Big Ver- 
river milion, on the Illinois river. 

When and Sec. 7. The three commissioners first named in the 

where com'rs preceding section, or a majority of them, shall meet at 
™^^ Hillsborough; the three second named commissioners, 

or a majority of them, shall meet at Lawrenceville; and 
the three last named commissioners, or a majority of 
them, shall meet at Shelbyville, on the first Monday of 
May next, or within ten days thereafter, and proceed to 
view, mark and lay out the roads of which they are ap- 
pointed commissioners, respectively, on the nearest and 
most eligible routes, taking into consideration the pres- 
ent and future population of the counties through which 
they pass, and the local situation of the country. 
Surveys to be ^'E'C* o. Said commissioners, respectively? shall, du- 
be lodged ring the month of May next, or as soon thereafter as pos- 
with the ^^ sible, cause, true surveys and maps of said roa^ds, sign- 
courts 'cd by them, to be lodged with each of the county com- 
missioners' courts, in the counties respectively, through 
which they pass ; which roads, when laid out as aforesaid, 
shall be deemed and considered public state roads; and 
the county commissioners' courts of the counties afore- 
said, through which said roads are located, shall appoint 
BnpervisorstoS^^pervisors, and cause the same to be opened, worked 
be appointed and kept in repair, as other public roads are. 
Compensa Sec. 9. The commissioners appointed in the sixth 
Tionto com'rs section of this act, shall receive for their services a just 
compensation, out of the funds of the counties, respec- 
tively, in v/hich they reside, by order of the county com- 
missioners' courts. 
Road from Sec. 10. The main road, leading from Vandalia to 
Vandalia, by HiUsborough, and from thence to Henderson's, on the 
&cTo'sprine:- Macoupin, thence by Flower Husband's, on Sugar 
tield, astate creek, thence by the widow FerreFs, on Lick creek and 
^oad thence to Springfield, in Sangamon county, be, and the 

same is hereby declared a public state road. 
Oom'rs np- Sec. 11. Joseph Duncan and Isaac Ferguson of 

pointed Madison county, and Brazil Lozey of Clinton county, 

are hereby a}'»:ointed commissioners to lay out a road 
To lay out a from Curtis's bridge, on Shoal creek, by Joseph Dun- 
road from can's, on Sugar creek., to Edwardsville; said commis- 
Md^ e'to Ed- ^^^"^^^ shall, on or before the first day of May next, 
-ivardsville meet at the house of Brazil Losey. and after being duly 



ROADS. 



AtJ i. 



sworn, fiiith fully to locate said road on the most eligible Shall take an 
route, sliall proceed to perlc^mthe duties herein requir- ^^^^ 
ed oi them, and shall maice a survey and map of said 
road, and cause one copy to be filed in the office of tiie Survey &c to 
clerk of the commissioners^ court of each of the counties ^^ ^^^^ 
of Madison tnd Clinton; and said road shall be deemed 
a public highway, and shall be opened and kept in re- 
pair as other public roads: said commissioners shall re- 
ceive, out of the treasuries of their respective counties, Compensa- 
such compensation as the county commissioners'' courts ^^*^" ^° couj'rs 
of the same shall deem just. 

[Approved^ January ^20^ \^^d,'\ 



AN ACT DECLARING CERTAIN ROADS PUBLIC HIGHWAYS. j^ FORCE 

r» • 111 7 /. 7 ^ r,,. •^-'^^'- 20, 1829. 

bEC. 1. Be it enncted by tae people of the state of lilt- Ro^fig to 

nois. represented, in the General A.-isembly^ That the road Beanl's ferry 

as lasi: laid out an(- established, leading from C'arrolton, ^^^'^''^^ !'"t>- 

in Greene cou-^ty and the road as last laid out and es-^'"" highways 

tablished, leading ^Vom Jacksonville, in Morgan county, 

to Thomas Beard s ferry, on the lUiiiois river be, and 

they are hereby declared public highways. ' 

Sec. 2. That the road from Abraham Irvine's, in rJ-oad from Ir- 

Hamilton county, to McLeansboro', thence to Robert J^^'^°,f^- 

Wilson's, thence to George McKinzey's, is hereby de- state road 

clared a state road: and John Ferguson shall view andCum'rap- 

mark a road from said McKirszey's, on the nearest and P^'"^^^^ ^° . 
1 . i. n ^'i ■ (-^ \\ ,• i. 1 ? ^1 /'I . ma^l^ a road 

best way to hqualuy, in trHllalin county, and shall file m from McKen- 

the clerk's office, of the said counties of Hamilton andzfy'sto 
Gallatin, a report and plat of said road, which said rt ■ ^2"ort*and 
port and plat, shall be recorded by the respective clerks piat to be re- 
of said courts; and said road shall be a state road, and corded 
opened and repaired as other state roads. And the said 
Ferguson, shall receive for his services, a just and reason- Compensa- 
able compensation, to be alloM ed by the county commis- ^^°^ 
sioners' courts of the respective counties, and paid out Road from 
of the county treasuries. That part of the county road Garrison's to 
from James Garrison's to John Baker's, in White coun-fja^g^j'^d 
ty. is hereby declared the state road: the present road, Present road 
as laid off between those places, is vacated. vacated 

[Approved^ January 20, 1 829.] 



132 



ROADS. 



m FORCE, AN AOT TO LAY OUT AND LOCATE A STATE ROAD FROM VANDALlA, 
JAN. 20, 1829' .po INTERSECT THE ST. LOLIti AND VINCENNES ROAD NEAR 



LEBANON. 



Sec. I. Be it enacted by the people of the state of Illi- 
Com'rs ap- nois represented in the General Assembly^ That Thomas 
pointed Ray ot" St. Clair county, Joseph Gracey of Madison 

county, and Peter Hubbard of Bond courit} be, and they 
are hereby appointed comnciissioners, to mark and lay 
ro^itTfroin ^ ^^^ ^ Tondi from Vandaha to Lebanon, in Si. Clafr coun- 
Varia,i;ia to i}., \iy way of Johnsorrs a^d PlauTs bridge, on Shoal 
Lebanon creeiv, theiice to Joseph Duncan's, on Sugar creek, 
thence the nearest a.id best way, to intersect the St. 
Louis and Yinceniies state road at Shackford's planta- 
tion, one mile and a half east of the town of Lebanon. 
The isaid commissioners shall meet at Gv-enville, om or 
before the first Moadav in May next, and afier being 
Shall take an sworn before some justice of the peace, as the law di- 
oath rects, shall thereupon proceed to mark and la} out said 

road: and the said comrnisioners shall, as soon as r;^ey 
have lo( ated the same, return a copy and vy\-\^ of aid 
And make re- road, to the several clerks of the county commissioners' 

turiitothe courts of the respi'Ciive countie?, through which said 
eonnty com'rs , i • i • • u n ' • 

courts *'oad may pass: and s«id commissios^ers snali receive 

Their cora- such compensation for their services, as prescribed by 
pensation \^^ f^p similar services; which sha'l be paid to them, 
out of any moneys in the several county treasuries, to 
which said commissioners belorig, not otherwise ap- 
propriated. 
Theroadde- Sec. 2. Said road is hereby declared a public high- 
J^j^r*'' ^ ^"^' way, to be opened and kept in repair, at the expense 
of the several counties through which the same may 
pass. 

\ Approved, January 20, 1829.] 



^aO^ 



IN FORCE, AN ACT FOR SURVEYING CERTAIN ROADS AND FOR OTHER PURPOSES. 

Jan, 22, .8i9w 

Sec. 1. Be it enacted by the people of the state of Illi- 
nois, represented in the General Assembly, That John Cam- 
Mill dam on eron and James Rutledge be, and the same are hereby 
Sangamon authorized to erect a mill dam on the Sangamon river, 
"^^"^ at or near the fish trap ford : Provided, that the said 



ROADS. 



133 



Canieron and Rntledfre enter Into bond with the people Bondrequired j 
of the .?tate of IHinois, hi the peual sum of two thousand " 

dollars, conditioned chat the erection of such mill-dam 
shall not aU'ect the navigation of said river; and said 
bohd may be put in suit by any person injured liy a 
breach of the condition thereof, in the mannerprovided "^ ereon 
in the second section of an act entitled '•*an act to author- 
ize' the building mill dams across the Sangamon river," 
approved, FeSruary 14, 1827. And if it maybe found 
at any time, that the navigation of said river is injured "*°^^" 
by said dam, it shall be the duty of the owners thereof, 
upon receiving three months notice thereof, from the 
county commissioners of Sangamon county, to alter said 
dam, by locks, canalling or otherwise, so that the safe ^.^^g ^^^^^ ^^^ 
navigation of said river shall be fully restored ; and if 
said alterations shall not be made within the time afore- 
said (unless the stage of water should render it impossi- ^l^^'^JJ^J- ^°" 
ble) it shall be the duly of said commissioners to direct 
an order to the sheriff of said county, commanding him 
to demolish, the said dam forthwith. 

Sec. 2. The surveyor of Schuyler county is hereby §^^^^,^2^ 
authorized and required to make a survey of the road road in 
leading from the west bank of the Illinois river, opposite Schuyler 
Beard's ferry to Rushville, and thence in a direction to^"""*"^ 
Quincy, in Adams county, so far as to the western boun- 
dary line of Schuyler county: and the county surveyor ^^ Adams co 
Adams county shall in like manner continue said road to 
the town of Quincy: and said roads when laid out and 
opened, under the directions of this act, shall be public 
state roads, and the expenses of said surveyors shall be'^" bea pub- 
paid out of the respective county treasuries. 

[.approved, January 22 J l^^d-l 



AN ACT ESTABLISHIISG A STATE ROAD FROM THE WEST BANK OF 

IN FORCE. 
THE WABASH RIVER, OPPOSITE VINCENNE3, LAWRENCE COUKTY, j^j^ 22 18'29 

TO DANVILLE, IN VERMILION COUNTY. 

Sec. 1 . Be it enacted by the people of the state of Illi- 
nois^ represented in the General Assembly^ That the Certain roads 
county roads leading from the Wabash river, opposite declared state 
to Vincennes, through the counties of Lawrence, Craw- roads 
ford, Clark, Edgar, and Vermilion to Danville, in Ver- 



134 



ROADS. 

milion county, are hereby declared a state road losing 
frwm the Wabash, opposite Vincennes, to Danviile as 
aforesaid. Th<i road passing tiirough the settlement in 
Allison Prairie, called the Chjistian Settlement, and from 
thence to Palestine, is-the road intended hereby for a 
part of the state road aforesaid. The county commis- 
sioners in the several counties through which said 
road shall pass, may alter the same so as to connect the 
said roads, in aline, for the state road as aforesaid, and 
may cause the same to be improved. 

[Approved, January 22, 1829.J. 



-^iO^- 



AN ACT f OR LAYING OUT A ROAD FROM HARRISONVILLE, EY JAMES' 
VS FORCE, ' 

JAN. 22 1829. MILL,JEWETT VARNUM's, AND JOHN BAMBERS, TO THE KASK^SKIA 
RIVER, IN THE DIRECTION OF MOUNT VERNOxV, IN JEFFERSON- 
COUNTY. 

Commission- Sec. I. Be it enacted hy the people of the stale of 
ers appointed Illinois^ represented in the General Assembly^ That Thom- 
as James, Henry Null, John G. Waddle, and John 
Bamber,ora majority of them, be, and they are hereby, 
authorized and required to lay out and mark a road 
Their duty upon the nearest and best route from Harrisonville, by 
James' mill, Jewett Varnum's and John Bambers, in 
[ the direction of Mount Vernon in Jefferson county, to 

the Kaskaskia river. That said commissioners, as soon 
as the> locate said road, shall certify to the county 
commissioners' court of Monroe county, and said road, 
thus laid out, shall be and remain a public highway of 
this state. Said road shall be opened and kept in repair 
in the same manner asother public roads; and the coun- 
ty commissioners' court of said county shall allow said 

k^A ^^^^^v, commissioners such compensation, for locatinc^ said road. 
And compea- ' - ^ 

sation ^s they may deem reasonable. 

This act to take effect, from and after its passage. 

[Approzed^ January 22, 1 829.J 



ROADS. 



135 



AN ACT FOR LAYING OUT AND MARKING A ROAD FROM COLUMBIA, IN IN FORCE, 

JAN 22 1829 

MONROL COUNTY, TO ^MISSISSIPPI RIVER OPPOSITE JEFFERSON " * > 
BARRACKS. 

Sec. 1. Be it enacted by the people of the state of 
Illinois represented in the General Assembly^ That William Com'rs ap- 
13. Whaley, Joseph Palmier, Robert Coleman, and John ^^ 
Divers, and Adam \V. Snyder, be, and they are hereby 
appointed commissioners, a majority of whom may act, ^° ^^y ^^^ ^ 
to lay out, mark and survey, a road from Columbia, in From Colum- 
Monroe county, upon the nearest and best route, to the bia to Missis- 
Mississippi river, opposite Jefferson Barracks. ^^PP^ "^'^'^ 

Sec 2. The said commissioners shall make report 
of their proceedings, to the couiity commissioners' court Road made a 
of said county, and the road when laid out by them as PJ^^lic high- 
aforesaid, shall be a public highway of this state; and ^ ^ 
the county commissioners' court shall cause the same to 
be opened, and kept in repair, in the same manner as 
other roads. Said commissioners' court shall also make 
a reasonable compensation to said commissioners for Compensa- 
viewing and laying out said road. lion 

This act to take effect from and after its passage. 

[Approved^ January ^2^ XQ^d. 2 



-^jfy^ 



AN ACT TO APPOINT COMMISSIONERS TO LOCATE CERTAIN ROADS. j^ FORCE, 

JAN. 22, 1829- 

Sec. 1. Be it enacted by the people of the state of 
Illinois represented in the General Assembly, That Isaac p,^nted 
Sanford, Richard C. Kimbraugh, and John Laswell, be, 
and they are hereby appointed commissioners to view, 
survey, and locate a road, from the public square in Par- To locate a 
is, to the state line, in a direction to Clinton, on tijie '"o^^^ ^^^"^ ^^' 
Wabash, in the state of Indiana, viz: From Paris to [J^g° 
Waynes' mill, on Sugar creek; thence to the center of 
section twenty two: thence east through section twen- 
ty three; thence the nearest and best route, to 
the state line, to intersect a road laid, or about to be 
laid from Clinton to Paris. „i- iw i 

bEC. 2. bald commissioners before entering on th- oath 
duties assigned them, shall take a!i oath before soine 
justice of the peace of said county cf Edgar, faithfully 
ard impartialiV to locate the same, raking into couside- 
raliOi the public good, shall proceed during the month 
of May next, to establish the road, and shall return to 



136 



ROADS. 



And make re ^^^ countv commissioners' court, at their June term next, 

turu to the -' ^ > r .> j-i ji • 

county court ^ true map or plat or the same, and said road wtie^ mus 

laid out, shall be opened and kept in repair, as other 

roads are, aiid shall be and forever remain a state road, 

four poles wide, and the county commissioners' court 

Their com- shall allow said commissioners a reasonable compensa- 

peu-ation tion out of the county treasury. 

a^'^inted ^^^' ^' ^^illiam Pyle, and John B. Hukhings, of 

^ Perry county, and William Ayresof Washington county 

are hereby appointed commissioners to mark and lay 

To lay out a ^^^ ^ road, from Georgetown in W^ashington county, 

Geor^^ttown through Pinkneyville in Perry county, to Dillinger's 

to iliiuger's mill, in Jackson county. The commissioners aforesaid 

"^^^^ shall meet at the house of George Franklin, on the first 

Monday in September next, or within ten days thereafte r 

Shall take an ^"^ after being duly sworn faithfully to perform the du- 

oath ties heieby enjoined upon them, they, or any two of 

them, shall proceed to mark and lay out said road ; and 

Expenses to ^j^g expenses of locating the same shall be paid by the 

VVashint^tn counties of W^ashington and Perry, each an equal pro- 

Sz Perry coun- portion. 

^^^^ This act to be in force from and after its passage. 

[Approved^ January 22, 1 829.] 



AN ACT TO LAY OUT, AND PERMANENTLY ESTABLrSH, THE ROAD 
irORCE, FROM THE WABASH RIVER. NEAR VINCENNES, TO THE 

- ' MISSISSIPPI RIVER, OPPOSITE ST. LOUIS. 

Sec. 1. Be it enacted hy the people of th& state of Illi- 
nois^ represented in the General Assembly^ That John 
Com. appoin- Thomas, Thomas Ray, and Nicholas Boismenue, of St. 
Clair county, John Kain of Clinton county, John R. 
Taylor of Clay county, Benjamin Vermilion of Marion 
county, and Henry M. Gillham of Lawrence county, or 
pp , . a majority of them, are hereby appointed commissioners 
road to lay out, survey, and permanently locate, the road from 

the state line, where said road crosses the Wabash 
river, at Vincennes, by Lawrenceville, Fvais's, M'Caw- 
ley's, Maysville, Elliot's, Meisenhamer's, Lewis's, Piles's, 
Sal'^m, Vermilion's, Carlyle, Scott's post office, Lebanon, 
and llathaway's, to the bank of the Mississippi, opposite 
St. Louis. 

Skc. 2, Said commissioners shall survey said road, or 



J 



KOADS. 137 

causae the same to- be done, by them laid out and located, ^"^ make a 
as aforesaid, and shall nnake out a plat, or cause it to be pjatlhereof 
done, of said road, and forward a copy thereof to each 
county, through which the sanne shah be located, as a- which shall 
foresaid, and one copy to the secretary of state, which be filed in 
he shall file in his office. Said county commissioners' ®^^^' ^th^t^ 
courts shall cause said plat to be entered upon their re- sec. of state 
cords, and shall file and preserve the original, and a cer- Which shall 
tified copy of said record shall have the same force and '^s ^^ifiencc 
effect, in all courts and places, as other records. 

Sec. 3. Said connmissioners appointed to locate and 
survey said road, shall erect suitable mile stones, or posts, ^^^^^ stones 
either of which shall be erected, in the discretion of the 
commissioners' court of the county through which said 
road may pass, and permanently set in the ground, at the 
end of each mile, with figures upon them, denoting the 
distance, counting from the state line, near Vincennes, 
and where the said state road crosses the Wabash river, 
w^estwardiy to the bank of the Mississippi river, oppo- 
site St. Louis. 

Sec. 4. The commissioners, aforesaid, shall lay out Special diree- 
and survey the above described road, upon the nearest **°''^^°^°"'-' 
and best route, departing, however, as little from the main 
road, as now travelled, as practicable. Said road, when 
laid out and surveyed as aforesaid, shall be and remain a 
public highway of this state, four poles wide, and shall 
be kept in repair through each county. The same shall 
be located in the same manner as other public roads. 
Should congress grant to this state scrip, or other means, 
expressly to improve said road, said commissioners shall 
receive the same, on behalf of the state, and shall have 
power to apply the same, or such part thereof as they 
may deem necessary for that purpose, in the improve- 
ment of said road: the work to be done in such manner ^ 
as the said commissioners, or a majority of them shall 
determine. 

Sec. 5. The said commissioners shall be paid for their ^^ 
services out of the Ainds congress may grant, as contem-sationtocoai. 
plated in the above section: should such' grant not be 
made, then said commissioners shall be paid, out of their 
respective county treasuries, such sum as the county 
commissioners' court. shall deem reasonable. 

Sec. 6. Said commissioners before they receive any of Com. to give 
the scrip mentioned in the above act, shall give bond and bond 
security to the governor of this state, in double the sum 
so to be rf^ceived from the United States: said bond and 
security to be approved by the goveror. 



I 138 J^ABBATH BREAKING. 

fN FORCE, AN ACT ESTABLISHING A PUBLIC ROAD FROM VANDALIA TO THK 
JAN. 23, 1829. TOWN OF EMINENCE ON THE MISSISSIPPI RIVER. ^ 

Sec. 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That Joseph 
Williams of Montgomery county, John D. Gilham, and 
Joseph Piggott of Greene county, be, and they are here- 
by appointed, commissioners to view and mark a road 
from Vandalia, on the most direct and suitable ground, to 
the town of Eminence on the Mississippi river. And the 
said commissioners, or a majority of them, shall cause a 
report of their proceedings to be lodged with the clerks 
of the county commissioners' courts, of each and every 
county, through which said road shall pass: and the road 
when so viewed and marked out, as aforesaid, shall be a 
public highway. 

Sec. 2. The county commissioners of each and every 
county, through which said road shall pass, shall cause 
the same to be improved and opened as other public 
j-oads are. 

This bill having remained with the council of revision ten days, 
(Sundays excepted,) and the General Assembly being 
in session, it has become a law, this 23d day of Janu- 
ary, 1829. 

A. P. FIELD, 

Secreta/ry qf Stale. 



SABBATH BREAKING. 

an FORCE, AN ACT TO AMEND THE ACT RELATIVE TO CRIMINAL JURISFRU" 
5AN. 19, 1829. DENCE, APPROVED JANUARY 30, 1827. 

Sabbath Sec. 1. Be it enacted by the people of the state of 

breaking UUmis represented in the General Assembly, That any per- 
son who shall hereafter knowingly disturb the peace and 
good order of society, by labour, or amusement, on the 
first day of the week, commonly called Sunday, (works 
llow punish- of necessity and charity excepted.) shall be fined, upon 
conviction thereof, in any sum not exceeding five dollars. 
Di^turbio^ That any person who shall by menace, profane, or vul- 
congregation gar language, or disorderly, or immoral conduct, di tarb 
the peace or good order of any congregation, assembled 
for divine worship, such person, so offendingj diall be 



I: 



SABBATH BREAKING. 



139 



deemed guilty of a high misdemeanor, and upon convic- 
tion thereof, shall be ftned in itnj sum not exceeding fifty ^^^P"*^^^^^*^ 
dollars: Provided^ that this act shall not be construed to proTiso 
prevent watermen from landing their passengers, lading 
and unlading their cargoes, or ferrymen from carrying 
over the water^ travellers, or persons moving with their 
families, on the first day of the week: Provided^ that the Further pro- 
section shall not prevent the due exercise of the rights of ^'i<o 
conscience by any person who may think proper to keep 
any other day as a Sabbath, than the first day of the 
week. 

Sec. 2. That whoever shall be guilty of any noise, Noise, &c. on 
rout, or amusement, on the first day of the week, called "" '^^ 
Sunday, whereby the peace of any private family may 
be disturbed, such person, so offending, shall be deemed 
guilty of a misdemeanor, and upon conviction thereof, 
shall be fined in any sum not exceeding twenty-five ^^^^"^^ ^^ 
dollars. 

Sec. 3. The justices of the peace, respectively, in their jurisdicHon 
several counties, shall have jurisdiction of the aforesaid of justices 
offences, committed in their counties, and upon view, or 
information upon oath, may cause any such person, hav- 
ing offended, or being charged with having offended, as 
aforesaid, to be apprehended and brought before him to 
answer such charge. 

Sec. 4. W"hen any person, having offended, or being jury trials 
charged with having offended, as aforesaid, shall be 
brought before any justice of the peace, if such person 
shall require it, a jury of not less than six, nor more than 
eight, shall be summoned to try the cause, and if the 
jury shall find the defendant guilty, they shall assess the 
fine, and the justice shall enter judgment therefor; but Judgment 
if no jury shall be required, the justice shall hear the 
cause, and render such judgment as to him shall seem 
right. 

Sec. 5. The judgments rendered under this act shall Appeals 
be subject to appeals, as in cases of assault and battery, 
and affrays, and shall be collected in the same manner. 

[^joj9rore(/, /an WG?*y 19, 1829.] 



140 



SALARIES, FEES, &€. 

IN FORCE, AN ACT IN ADDITION TO AN ACT REGULATING THE SALARIES, FEES, 
^AN. 23, 1829, j^yj) COMPENSATIONS, OF THE SEVERAL OFFICERS AND PERSONS 

THEREIN MENTIONED. 

Sec. 1 . Be it enacted by the. people of the state of Illi- 
nois^ represented in the General Assembly^ That hereafter 

, it shall be lawful for the clerks of the respective courts 
r ees may be , , . ^ ^ , ^ ^^ • /- i -n 

collected by 01 this state, who are authorized to issue lee bills, to 

constables place the same in the hands of any constable of the 
proper county for collection; and the constable receiving 
the same shall be liable to the several remedies, for any 
default set forth in the act to which this is an addition, 
therein provided. 
Teesofiudgcs ^^^* ^' ^^^^ following fees shnll be allowed to the 
j>f probate judges of probate, in addition to the fees now allowed 
by law, viz: 

' Cents. 
For administering oath to each witness, 6 1-4 

Swearing any person to an affidavit, 12 1-2 

Issuing order for writ of certiorari, 25 

Examining petition and application for writ of 
of certiorari, 25 

Issuing injunction, ne exeat, or any special writ, 50 
Issuingsubpoena, attachment, or other process, 
under sea], 25 

Entering each decree, order, or judgment, ex- 
cept orders allowing claims for or against an 
't-' estate, 25 

Recording appraisement, sale bill, and all oth- 
er exhibits and writings required to be recorded, 
(wills and codicils excepted,) for every hundred 
words, figures inclusive, 10 

Filing each paper belonging to the settlement 
of any estate, 6 1-4 

Issuing letters of guardianship, and recording 
' same, 1 ,00 

Taking bond of guardian, 50 

I Taking any bonds not before specified, 50 

Revoking letters testamentary, administration, 
or guardianship, 50 

Swearing each jury, 25 

''\ AT u- Writing indenture, to be paid bv master, 50 

j»i3V issue tiis ' I •' - ^ 

' iee bill -^"d ^^^ tlie collection of the fees aforesaid, the judge 

of probate mav issue foe bills, directed to the shoriif, or 



SALARIES, FEES, &C. 141 

to any constable of the county, who is hereby authori- 
zed to collect the sanie as in other cases. 

Sec. 3. And hereafter the clerks of the courts of coun-Clks. of coun- 
ty commissioners shall not charge any fees for issuing ^^ *^°™* 
writs of election, comparing election returns, issuing 
notices to supervisors of roads, issuing certificates of 
allowances made to individuals by the court, or for an}^ 
otiicr services rendered the county: but the courts shall 
allow their respective clerks such reasonable compensa- 
tion as they may think right, as an ex officio fee, not ex- 
ceeding twenty dollars per annum, exclusive of a reasona- 
ble allowance, per day, for their attendance on the courts 
in term time: and so much of the sixth section of the 
act, to which this is an amendment, as authorizes the 
coanty commissioners' courts to allow their clerks a com- 
pensation, per day, lor their services rendered the coun- 
t}, is hereby repealed. 

The following fees shall be allowed to the recorders. Recorder's 

Cents. ^^^' 

For recording all deeds, mortgages, and other 
instruments of writing, for every one hundred 
words, 15 

For entering every tract of land, over five, in 
each deed or coiweyance, 6 1-4 

Sec. 4. So much of the sixth section of the acts, reg- sheriff's com 
ulating salaries, fees, and comperxsation of the several mission on 
officers and persons therein mentioned, passed on the^^^^^^ 
nineteenth day of February, 1827, as allows any com- 
mission to sheriffs for offering real or personal estate for 
sale, where the execution shall be settled by the parties, 
replevied, or stopped by injunction, or where the proper- 
ty shall not be actually sold, is hereby repealed; and in 
all such cases the sheriff shall be allowed fifty cents for 
levying, and six and one fourth cents a mile for going to, 
and returning Irom, tiie place of sale. 

Sec. 5. Clerks of the supreme, circuit, and county P^^-^'^' ^?' 
commissioners' courts, and notaries public, shall be al- proof or ac- 
lowed a fee of tw^enty five cents for taking the proof or knowledg- 
acknowledgment of any deed, or conveyance, and affixing ™^"^ ^^ ^^^^ 
his official seal. 

Sec. 6. Clerks of county commissioners' courts sha]] Certificate of 
be allowed twenty five cents for every certificate Qt^^^S^^"^^! 
magistracy, with the official seal annexed. 

Sec. 7. Every officer, authorized by law to take proofs Ackrowlcdf* 
or acknowledgments of deeds, is allowed a fee of twen- mentot aeed« 
ty-five cents, (breach deed proved or acknowledged be- 
fore him. 



i4*i 



SA LIKES. 



This act is to be in force from and after its pas^sage 

[Approved^ January 23, 1 829.]- 



SALINES. 



IJV FORCE, 



AN ACT TO PREVENT CATTLE FROM BEING INJURED IN THE 



Owners of sa 
lines to barri 
cade the 
same 



DEC. 14, 18241. VICINITY OF SALINES. 

Sec. 1 Be it enacted hy the people of the state of Illi- 
nois^ represented in the General Assembly^ That the 
owners, renters, or lessees, of any salines within tliis 
state, who shall hereafter cause to be exposed any pickle, 
brine, or salt water, which in its nature is injurious and 
hurtful to any horned cattle, horses, hogs, sheep, mules, 
or other domesticated animals, without having erected 
good and sufficient barricadoes, to prevent such animals 
and cattle from having access to the same, to the injury 
of such cattle and their owners, by causing the same to 
be injured or die, that such person or persons, so ofTcnd- 
ing, against tlie provisions of the foregoing statute, shall 
For failure, to jjg Jjable to prosecution before any court of competent 
pay amages JQr}g(jj(>tion in this state, and be liable in an action of 
damages to the owner or owners of any cattle that may 
suffer or die by such neglect, in the full amount of their 
value, and costs. 

Sec. 2. That this law shall be in force from and after 
Its passage. [Approved.^ December 14, 1824.] 



^JOF^ 



SALINE RESERVES. 



' AN ACT TO AMEND AND CONTINUE IN FORCE THE ACT ENTITLED 
IN FORCE "AN ACT CONCERNING SALINE RESERVES, A PENITENTIARY, AND 

DEC. 19, 1828. THE IMPROVEMENT OF CERTAIN NAVIGABLE STREAMS'" AP- 
PROVED 15th FEBRUARY, 1827. 

Sec 1. Beit enacted hy the people of the state of Illi- 
nois^ represented in the General Assembly^ That so much 
Part of former of the first section of said recited act, as requires the 
act repealed gdection for Vv ater works, specified in said section, to be 
in addition to the thirty thousand acres therei^n mention- 



SALINE RESEKVESi 



143 



ed, be, and the same is hereby, repealed. So much o( 
the twenty-sixth section of the act, to which this section 
is an amendment, as postpones the appropriation of one ' 

thousand dollars of the next avails of the sales, after 
twenty thousand dollars shall be realized, be, and the 
same is hereby, repealed; and the said sum of one thous- 
and dollars shall be out of ti»e next avails of said sale, 
after fifteen thousand dollars be realized. 

Sec. 2. The commissioners, who are required by the^^J*™ ^^ *^ ^^' 
eighteenth section of this act, to make their report to 
the present General Assembly, are authorized and requi- 
red to make their report on the fifth day of the session 
of tiie next General Assembly. 

Sec. 3. The report of Leonard White, John Black, Former re- 
and Benjamin Cummins, commissioners appointed by portconfirm- 
the first section of the act, to which this is an amend- ^ 
ment, be, and the same i;^ hereby, approved and confirm- ^ 

ed: ar.d the residue of said recited act, to which this is confirmed " 
an amendment, is hereby declared to be in full force 
from c>nd after the passage of this act. 

Sec. 4 The s^im of five hundred dollars ot the avails Approprfa- 
of said sales is appropriated to the improvement of the tjon for Cash 
state road across Cash River bottom, in Alexander coun-"^" bottom 
ty, to be ex|)ended under the direction of Henry Sowers, 
William Price, and John Fisher. 

[Approved, December 19, 1828.] 



AN ACT PROVIDING FOR THE SALE OF THE VERMILION SALINE 
RESERVE, A>D APPROPRIATING THE AVAILS THEREOF. 

Sec. 1. Be it enacted by the people of the state of Illi- Saline reje?*" 
nois^ represented in the General Assembly^ That so soon vation to be 
as the congress of the United States shall raise the re- ^^^^ ^^^^J^^ 
striction thereon, and assent to the sale for the benefit gress 
of this state, the whole of the saline reservation, situate 
on Big Vermilion river, in the county of Vermilion, shall 
be sold and disposed of as hereinafter provided. 

Sec 2. That Amos Williams be,and he is hereby Reaiterfe re 
appointed register, and William Reed receiver, who ceiver ap- 
shall keep the office for the sale of said laijds at Danville, po^'^^^^ 
or at the seat of justice of said county; and being noti- 
fied by the Governor that Congress has assented to the 
sale of said lands, and before entering on the duties 
assigned them, shall severally give bond, payable to the '^^ ^^^'^ ^^^ 



144 * SALINE RESERVES. 

governor and his successors in office, for the use of the 
people of the state of llhnois, with good securities, to 
be approved ot by the governor, the register in the sum 
of two thousand dollars, and the receiver in the sum of 
twenty thousand dollar.-^, conditioned for the faithful 
perlbrmanct; of all the duties imposed on them by luis 
act, or which may hereafter be required of them by 
law; and should the governor at any time thereafter 
And addition- ^^^"^ ^^^^^'*^^^^1 -^c"**^J necessary, ihe same shall be 
ai secwiitj if given, and in case of neglect of duty, omission to account 
required qj. |qj. ap,y good cause, the governor shall have power to 
dismiss tiie said register, or receiver, and in that case, 
and in case of death, or resignation, appoint others*, and 
require bond and securities as aforesaid. 
Lands tc be Sec. 3. The re«^ister and receiver having; given 
aorerti^ea bond as aforesaid, and being furnished with a map and 
description of the land, with directions from *.he gover- 
nor to proceed, sLall immediately advertise tne same in 
'^ two newspapers published in this state, one in Indiana, 

one in Louisville, Kentucky, and one iii Cincinnati, 
Ohio, for twelve successive weeks before tiie day of 
sale, stating the day and place at which the sale will 
commence, that the same will continue from day to 
day until concluded. 
Directions to Sec. 4. In offering said lands for sale, the register 
b? obsorveii n and receiver shall begin with the lowest number of 
ofii ring them tov^^nship, range and section, and continue offering the 
lowest number by hall quarter sections, until all shall 
be offered, distinctly crying each half quarter section a 
reasonable time, when if no person shall bid therefor, 
it shall he passed over and noted unsold; but should 
there be a bid for any tract of land offered, the said re- 
gister and receiver shall continue to have the same cried 
for a reasonable time after such bid, and shall then be 
stricken off to the last and highest bidder, and set down 
to such bidder; but no tract shall be sold at said sale, 
or at private sale thereafter, for a less price than one 
dollar per acre: Said sales shall be at public vendue, 
and shall be kept open each day from ten oVlock A. IV], 
until two o'clock P. M. and shall be continued from day 
to day, Sundays excepted, until the whole shall be offer- 
ed for sale: and all sales public a:id private, shall be for 
ready money, gold or silver coin, or notes of the bank of 
the United States. 

Sec. 5. The register and receiver shall each keep, 
recorded ^^ ^" ^^^^ bonnd books, a record of all lands sold, partic- 
ularly stating the time sold, the purchaser's name and 



SALINE KESERVES. 



145 



place of residence, the number of the tract, section, 
to-wnsbii) and nmge, the number of acres and the price 
sold for, and at the public sale, on the evening of each 
day's sale, and on the morning before the next day's sale 
shall commen.ce, the receiver sliall receive from the dif- 
ferent purchasers the sum or sums by them bid on the 
land to them respectively set down, and give to them two 
receipts therefor, on one of which he shall write the Dnplicate 
word "duplicate,*' designating the persons name, place ^^^^*P*^ 
of residence, the tract or tracts, purchased, number of 
acres and price thereof, the original of which the pur- 
chaser shall deliver to the register, and retain the dupli- 
cate until he receives his deed or patent. And all <^he ^^"^^^^''^^ 
land in said reserve which shall not be sold at the first entered Vith 
and public sale, may be entered with the register and the register 
paid for to the receiver, in the manner hereinafter pro- 
vided. 

Sec. 6. Application to purchase at private sale shall 
be made in writing, signed by the person applying, de- Applications 
scribing his residence, and the tract or tracts, of land ap-*^ be made m 
pliedfor, and the register shall certify the same to the 
receiver, and on payment of the purchase money, the 
receiver shall issue two receipts, as specified in^ the fifth 
section of this act, which he shall hand to the purchaser 
and the purchaser shall deposit the application and the 
original receipt with the register, retaining the dupli- 
cate, which application the register shall file in his oflice. 

Sec. 7. At the end of every three months, compu- Register to 
ting from the commencement of the public sale, and du- J"^PJ^7* *® *^-® 
ring his continuance in office, the register shall make 
out and transmit by mail, to the auditor of pubHc ac- 
counts, a correct account of sales made, tlie tracts sold, 
the time when, the amount of purchase money, purcha- 
ser's name.&c. from his record together with the receipts 
of the receiver deposited. 

Sec. 8. The auditor of public accounts shall care- Auditor to 
fully file and preserve all reports and papers sent to his ^^ reports &:^ 
office; and shall keep a record of all saline lands reser-Qf^jflj^5^^^j^°J^.' 
ved in, and belonging to the state; and shall make a lunds 
special entry of all sales made, as returned to him in a 
clear and concise manner, in order to perpetuate and 
preserve the title: an exemplification thereof, duly cer- 
tified, shall be received as evidence in any court of recoril 
or elsewhere in this state. 

Tec. 9. The auditor shall make out in the name of'f'c prepare 
the governor, and the same shall be signed by the gov- ['^'"3^"^^^.^''^^^^^^^ 
ernor. the seal of state afilxed by the secretary of to the register 



146 SALINE RESERVES. 

state, and countersigned by the auditor, patents for the 
larids so sold a-id purchased, vesting in the purchaser ar 
purchasers respectively, the fee simple, and the auditoi-, 
after having made an entry of the date thereof, shall 
transmit to the register the said patents, who, on (he re- 
ceipts retained by said purchasers being presented, shall 
deliver the same to the person or persons entitled thereto. 
Net proceeds Sec. 10. The receiver sliall at the end of every six 
of first months, during his continuance in office, computing from 

the commei'icement of said public sales, pay over to 
appropri^.ted VViiliam \Vilson, of White county, all the net proceeds 
to tbiB im- arising from the sales of the first ten thousand acres 
provement of gojd . which sum is hereby appropriated to improve tlie 
tiou of The navigation of the Great Wabash river, from the mouth 
Great VVa- thereof up to the point where the state line leaves the 
bash river, beh»w Terre Haute, to be disbursed in conjunc- 

tion with the state of Indiana, when she shall set apart 
and appropriate 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 set 
apart for that object, and to be applied to none other. 
Bond to be ^^^' '^* The said William Wilson, before receiving 

given by Wm any o( said money, shall give bond with good securities, 
Wilson payable to the governor, and his successors in office, for 

the use ot the people of the state of Illinois, to be ap- 
proved of by the governor, in the sum of twenty thou- 
sand dollars, conditioned that he will keep said money 
safely, and pay over the same when legally required so 
to do; and should said William Wilson refuse to give 
bond as required, die, or the office otherwise become 
vacant, the governor shall appoint some person, and re- 
quire bond as aforesaid. 

F rther a - ^^^' ^^* '^'^^ ^^^ proceeds of the ten thousand 
propriations acres being paid over as above stated, the following 
sums are hereby appropriated out of the money receiv- 
ed from the sales of the said lands, to-wit: the sum of one 
thousand dollars, to improve the navigation of the Little 
Little Wa- Wabash river, from the Beach bluff, on said river, to 
bash Carmi, in White county, to be drawn upon the order, 

and expended under the direction, of the county com- 
missioners of W^ayne county: The sum of seven hundred 
dollars, to improve the state road from Vandalia toGol- 
State road conda, of which appropriation, one hundred and fifty 
fromVandalia dollars shall be drawn upon the order, and expended 
to Golconda j .u j- ^' r n ^ • • r 

under the direction, ol the county commissioners or 

Pope county; one hundred and fifty dollars to be drawn 
upon the order, and expended under the direction of the 



S^AI TNE RESERVES. 



147 



county commissioners of Franklin county; one hundred 
and liftv doii.irs to be diavv!; upon the order, and expend- 
ed under the direction, of the county commissioners of 
Jetlerson county; one hundred and fifty dollars to be 
drawn upon the order, and expended under the direc- 
tion, of the county commissioners of Marion county; ' 
and one hundred dollars to be drawn upon the order, 
and expended under the direction, of the county com- 
missioners of Fayette county: the sum of two thousand 
dollars, to improve the navigation of the Kaskaskia river, Kaskaskia 
to be drawn upon the order, and applied under the "^^^ 
the direction of such commissioners as the General As- 
sembly shall appoint: the sum of one thousand dollars, gancramoD 
to improve the navigation of the Sangamon river, to be river 
drawn upon the order, and applied under the direction, 
of the county commissioners of Sangamon county: the 
sum of eight hundred dollars, to be drawn upon the or- 
der, and applied under the direction of the county com- Greene couji- 
missioners of Greene county, in improving the navigation ^y 
of Macoupin river, and the making of roads and bridges „ 
in said county: to the county of Vermilion the sum of county 
two thousand dollars, to be drawn upon the order, and 
expended under the direction of the county commission- 
ers of said county, in improving the navigation of the 
Big Vermilion river, from Danville to the state line of 
Indiana; in constructing a bridge across said river, near 
Danville, where the state road, leading from the west 
bank of the Wabash, opposite Vincennes, to said town 
of D ^nville, shall cross said river; and a bridge where p , 
said road shall cross Little Vermilion river: to the coun- - 
ty of Edgar eight hundred dollars, to bridge Bruett's 
and Sugar creeks, on said road, and the balance to be 
applied on such other road, or roads, as the commission- ni u ♦ 
ers shall direct: to the county of Clark eight hundred 
dollars, to build a bridge across Big Creek, at Bell's 
mill, a bridge across Stony creek, near Aurora, and one 
on Mill creek; should there be a surplus, the same to be 
applied on the bottom between Stony and Bohn's creeks: 
to the county of Crawford one thousand dollars, for the ^•'^^^'ord 
purpose of building bridges on Rackoon, Hudson, Sugar, *^'^"" ^ 
and Lamotte creeks, and improving the bottoms of said 
creeks, where the said state road shall pass; five hundred 
dollars of which shall be expended in bridging and im- 
proving the road on said Lamotte and Sugar creeks: also 
to John Houston, to be drawn on his order, and by him State road 
expended in improving the state rond, leading frc^m Van [r°"^^^"^^' 
dalia to Palestine, six hundred dollars: to the county of tine 



148 SALINE RESERVES. 

Lawrence Lawrence sixteeen hundred dollars, to be expended as 
county follows to-wit: six hundred dollars on the state road, 

when laid from the ferry, opposite Vincennes, to Dan- 
ville, between said ferry and tlie high lands above Alli- 
son prairie: tive hundred dollars on the state road from 
said ferry to Lawrenceville; two hundred dollars to 
build a bridge across Muddy Creek, on the state road 
from Lawrenceville to St. Louis; and the sum of three 
hundred dollars to improve the navigation of the Em- 
barras river; which said sums, hereby appropriated, ex- 
cept the sum to be drawn by said Houston, or any per- 
son the commissioners' court of said county shall appoint 
in his stead, should he not serve, shall be drawn upon the 
order of the several county commissioners' courts, and 
expended as above contemplated. 
How said ap- Sec. 15. All appropriations made in and by this act, 
prcpriations except the proceeds of the sales of the first ten thousand 
directed to be j^(,j,gg^ j^j^^j {|^g appropriations above stated, made to the 
' counties of Vermilion, Edgar, Clark, Crawford, Law- 

rence and Wayne, which are hereby expressly ordered 
to be paid first, so soon as sales shall be m"ade, and mo- 
ney sufficient therefor received, shall be paid out pro 
rata upon jgach of said appropriations; and the said re- 
ceiver shall, at tjie end of every six months from the 
date of the last, and full payment of the last appropria- 
tions above named, make a dividend of the moneys by 
him received, and pay over said moneys upon each of 
said appropriations, in proportion to their respective 
amounts, to the person or persons authorized by law to 
receive the san>e, until all the said appropriations shall 
be paid off, should said lands sell for sufficient to pay the 
eurpius same ; and should there be any surplus, after paying said 

appropriations^ the said receiver shall pay the addition- 
Additional ^^ '^^'^ o^ two hundred dollars to the county of Greene, 
appropria- to be drawn and appropriated in like manner as the ap- 

tions to propriation first made to the same: and also the further 

Crreenecouu- * *^ /. ., j j n i. .u * r o 

fy sum 01 one tnousand dollars to the county of bangamon, 

To Sangamon to be drawn and appropriated" in like manner as the first 
county appropriation to the same herein made. And all sur- 

Residue to beP^"^ moneys, after the aforegoing appropriations are 
paid into paid off, shall be paid by the receiver aforesaid into the 
state treasury gtaie treasury. 

Receiver to Sec. 14. The receiver shall, every six months, settle 
settlewith the with the auditor, and deposit all receipts taken on pay- 
auditor jp^ /^^g sums hereby appropriated. 

Com!)ensa- Sec. 15. The register and receiver shall each re- 

te^^ Md7e^^^" c^^ve two and a half per centum on all moneys received^ 
ceiyer 



SCHOOLS. 



149 



and an allovvarice for advertising, and all Ijiaiik books 
purcliased for the two offices, in full compensation for all 
services and duties to be performed by them under this 
act. 

Sec. 16. All laws heretofore passed or now in force, 
relating to the selling and disposing of the Vermilion ^^^^''^pf'*'- 
saline reserve, and appropriating the avails thereof, are ^^ 



hereby repealed. 



[Approved^ January 19, 1829.] 



~-^o=- 



SCHOOLS. 



V> ACT REUUIRUVG THE AUDITOR TO ISSUE HIS WARRA^hT ON 
THE TREASURY FOR SCHOOL PURPOSES. 



IX FORCE, 
JAN. 22, 1829, 



}V)IS 



Sec. 1. Be it enacted hy the people of the state of Illi- 
represented in the General Assembly^ That the fif- 



teenth, sixteenth, and seventeenth sections of the act, ed ^ ' 

entitled "iVn act providing for the establishment of free 

schools,'" approved, January 15, 1825, be, and the same 

are hereby repealed: Provided^ that rights accrued under 

the provisions of the sections hereby repealed, shall not Rights saved 

be affected by this act. 

Sec. 2. The auditor is hereby required to issue his Warrant in 
warrant on the treasury, in favor of the trustees of the favor of Jolm? 
school district in Johnson county, for the sum of twenty- ^^"^ county 
five dollars. The act, entitled " An act relating to the . . I * 
school lands," approved 17th February, 1827, be, and 
the same is hereby repealed. 

[Appro-oed^ January 22, 1829.] -i' 

p 



150 



SCHOOLS* 



I 



IN FORCE AN A&r ALTHORIZIJSC THE SALE OF SECTIONS NUMBERED SiXTEEM, 
•TAN. 22, 1829. OR SUCH LAND AS MAY BE GRANTED, IN LIEU THEREOF, 

TO THE INHABITANTS OF SUCH TOWxVSHlPS, FOR 
THE USE OF SCHOOLS. 

Goveruor ^^^* ^* ^^ ^^ enacted hy the people of the state of Illi- 

shall an- 7iois^ represented in the General Assembly^ That so soon as 
nounce the the congress of the United States shall assent that sec- 
eress^bv pro-" ^^^^ numbered sixteen in each and every township^ or 
clamation such lands as nnay have been, or which may hereafter 
be selected in lieu thereof, granted to the inhabitants of 
each and every township, for the use of schools, may be 
sold, and that fact shall be known to the governor, it 
shall be the duty of the governor to announce the same 
to the inhabitants of the state, by a proclamation pub- 
lished in ail the newspapers in the state, for three wceki 
successively. 
Vjom oraeent ^^^' ^' ^^ shall be the duly of the county commission- 
fortheoountycrs' court, of each and every county, on proclamation 
shall be ap- being made as aforesaid, to appoint some good, compe- 
pomted ^^^^ ^j^^ responsible person of the county to act as com- 

missioner and agent for the inhabitants of the county, 
and who shall at all times, while acting as commissioner, 
reside in the county^ and before entering upon the duties 
bond ^^^^ of his office, he shall give bond and security, in the surh 
of twelve thousand dollars, by three or more responsible 
freeholders, conditioned for the faithful performance of 
all the duties required by this act, or whicti may hereaf- 
ter be required and enjoined on him by law ; which bond 
shall be drawn in the name of, and payable to, the coun- 
ty commissioners of the county, or their successors in of- 
fice, for the use of the inhabitants of the county, and of 
each and every congressional township therein ; and 
How sued up- which bond, when broken, may be prosecuted and sued 
^^ upon, and judgment thereon rendered against the prin- 

cipal and securities, either jointly or severally, for the 
sum found due, in any court having jurisdiction thereof, 
for the use of the inhabitants of any township to whom 
the same may of right belong. 
Additional Sec. 3, When it shall appear necessary for the better 

gecurity securing and managing the funds, or moneys, which shall 

jnav e requi- ^^^^^ : j^^.^ ^y^^ hands of any commissioner, so appointed, 
the commissioners' court may require additional security, 
in the sum aforesaid, or any other sum they shall deem 
right; and for any good cause, such as misapplication of 
fbe 3Tioney, neglect of duty, or failure to give additional 



SCHOOLS. 



151 



«ecatitj, to tlie acceptance of the court, or to render an 
-account, or to give the necessary information ofthe loans 
uiade, or transaction of the business committed to his 
< aie, when required, the commissioners' court may re- 
move him from office, and in that case, or in case of death. How removed 
or resignation, appoint another, and require bond and from office 
security as aforesaid; and all bonds given as aforesaid, 
shall be filed in the commissioners' court of the proper 
county, and an entry of record made of all such appoint- 
ments, removals and bonds given, the amount, time when 
executed fmd delivered, and the names ofthe securities, (^.gj.tj^,^jj{g ^.^ 
and a certificate of appointment shall be made out, with appointment 
the seal ofthe court affixed, and a certificate ofthe clerk, 
and handed over to the commissioner so appointed. 

Sec. 4. It shall be the duty of such commissioner or Com. to keep 
agent to procure well bound books, in which, previous to '^ record 
making sale of any «trhool lands, he shall make a re- 
cord of his appointment, or commission, and of all the 
school lands in his county, as contemplated in this act. 
in a clear and comprehensive manner, designating the 
congressional townships, ranges, sections, and numbers 
of acres in each section. 

Sec. 5, When the inhabitants of any congressional inhabitants cr 
township shall be desirous to sell and dispose of section townships 

numbered sixteen, or such lands as have or shall be se- S^^ Petition 
1 • 1 • 1 • \ r i 1 / i 1 /- . - 1 1 • tb€ com. 

lected m lieu tnereor, granted lor tne use or the mhabi- 

tanls, for the use of schools, they shall make their wish 
known to the said commissioner by a petition in writing, 
which shall be signed by at least nine tenths of the free- p f f «• «, 
holders and householders ofthe township, and which shall ing 
be signed publicly, and of their own free will and ac- 
cord, at ajiy place in the township at which they may as- 
semble, or otherwise, and which shall be done in the 
presence of at least two good citizens of the township, 
and shall make oath that said individuals signed said pe- 
tition freely, and that the true intent and meaning there- 
of was made known and explained to them previous to 
signing, which oath shall be in writing, signed by the per- 
sons making the same, on the petition, or the same shall 
be annexed thereto. 

Sec 6. Upon petition as aforesaid, and it appearing ,, , . ^ 

to the satisfaction of the commissioner that nine tenths ^J^. 16 mar 
ofthe citizens of the township, as above, have signed be so]d 
said petition fairly and freely, he shall proceed and ad- 
vertise the land for sale, giving at least forty days' notice 
previous to selling, particularly describing the land, the 
time when, and the place where, to be sold, by posting 



I5'i 



SCHOOL^. 



Notice there- ^p ^-ritten or printed iictices in six of t;ic most {fublie 
places in the county, and likewise bypublisbingthe same 
in some newspaper, the nearest to the land, either iri 
the state, or any adjoining state, as said commissioner 
shall deem best; and all such lands shrJl be oiTered and 

When and ^old at public vendue, at the seat of justice of the coun- 

wh^resoJd ty in wbich tlie land shall lie, and during the sitting of 
the Circuit Court, or tlie time said court ought to be in 
session, should iUe court not sit at the time stated by 
law, and in no case shall he offer a greater quantity than 
eighty acres, or a half quarter sectio!), in one lot; and 
ali subdivisions of tracts shall be made and sold as now 
directed and observed by the United States in selling 
public lands, by lines north and south, and ali sales shall 
be conducted openly and fairly, between the hour of 
Dine in the morning, and six o'clock in the evening, and 
may be adjourned from day to day, during the session of 
the court. The commissioner shall cry, (or cause the 
same to be done) the tract distinctly, and give a reason- 
able time U>r persons to bid, and the same skill be strick- 

Fnae en off an^ sold to the highest bidder, and set down to 

him: Prozided, that the sum bid shall amount to one 
dollar and twenty-five cents per acre; if that sum be i)ot 
offered, no sale of such tract shall take place, but the 
same shall be set down and noted unsold. 

Src. 7. The purchaser shall, during the day on which 

raymenf he purchases, or on the morning before the next d ly's 
sale commences, pay to the commissioner, in gold or sil- 

sale anT pav- '^'^'^ coin, or notes of the bank of the United States, the 

meat " amount of the land, or lrmds,so by him purchased, where- 

upon said commissioner shall give him a certificate, or 

Default of receipt, stating the land particularly, the price sold for, 

uayment ^^^ ^}^g purchaser's name and place of residence: if 
and second in i ^ * j j ii 

g^^jg any person shail purchase any tract and not pay t!ie mo- 

ney, as above stated, the same shall be again offered, and 
if, on a second sale, the same shall not sell for so great 
a sum as at the first sale, the person so bidding off said 
iJiiierence to tract, and not paying for it, shall be liable for the differ- 
be paid by , eoce between the first and second sale, to be recovered 
iirst purchasor r^j. ^j-j^ use of the township, in th,e name of the said com- 
missioner, whose duty it shall be to prosecute and sue 
for the same, in any court having jurisdiction thereof. 
Sec. 8. Said commissioner shall make to the commis^ 
i-.eport. to c;]oners' court of his county, at every regular term there - 
court of, a true statement or return, in writing of all the land- 

so, from time to tiine, sold, particularly describing the 
land, number of acres, section, township, and range, price 



SCHOOLS, 



15'S 



per acre Ibr which the same was sold, the time when sold, 
and the name and place of residence of the purchaser, 
which shall be recorded in the said court, in a well bound 
book, and tiie original shall be carefully' filed and pre- 
served m said court; arid said commissioners shall, in 
like manner, make out and forward, by mail, every three Report to the 
months, to the auditor of" public accounts, a similar state- ^"'-^^o^ 
ment and return, which shall be recorded, in like man- 
ner, by said auditor, and the return filed and preserved* 
And it shall be the duly of" the auditor to make Out, in 
the name of the governor, and the same shall be signed 
bj the jz;overnor, the seal of the state affixed by the sec- 
retary of state, and the same shall be countersigned by 
the auditor, patents for the land so sold, or land sold at Patents sbali 
private sale, after being first offered at public ^ale, which *®^"^ 
r>hall completely vest in the purchaser, or purdhasers, the 
, fee simple, a sure, perfect, and absolute title to the land 
so purchased and patented; and the auditoi^", after hav- 
ing made an entry of the date thereof, shall forward the 
same to the said commissioner, to be by him delivered 
to the person, or persons, entitled thereto, on presenta- 
tion and surrender of the original certificate, or receipt, 
given to such person, or persons, which receipts shall be 
i3!ed and preserved by said commissioner. 

Sec. 9. It shall be the duty of the auditor of public ac- Auditor and 
counts, and secretary of state, on request, to give offici-sec. of state 
ally, to any commissior«er, so appointed in any county, 
information respecting the school lands in the county, so 
far as they are enabled so to do from the records and 
documents in their respective offices. 

Sec, 10. It shall be the duty of each and every com- Com. to keep 
missioiier so appointed, to make a complete record, in a a record 
well bound book, or boolcs, of all petitions, signers' names, 
&c. presented, praying for the sale of such school land, 
when he shall be clearly of the opinion that tiie same 
has been fairly obtained, and signed by the number of 
citizens above stated, and he shall determine to proceed ^u„| -. y i? 
to advertise and sell ; and also a record of all sales made, contain 
describing the land particularly, the price sold for, the 
time when sold, the purchaser's name and place of re- 
sidence, in a clear and concise manner, in order to per- 
petuate and preserve the title: and he shall m^ke an en- 
try, in a well bound book,of all moneys by him received on 

sales ofland.and shall keep the money,a!id interest arisi q. . 

., ., ' J c .1- , 5 Loans of mp 

thereiromon loans made, oi every lownship separate and ,iey 

distinct, and shall loan the same in like manner, and i all 

mortgages and notes taken, the same shall state to waat 



154 



SCHOOLS^. 



Secured by 
note or mort 
sasre 



Additional 
security 



Interest pay- 
able yearly 



Private 8ales 
of land 



Prl<^o 



township the same belongs: he shall loan all the ir.onev?- 
which shall come into his possession for the best and high 
est interest he can get, and securing the same by taking 
good personal security, or by mortgage on real estate, 
and which letting shall be for one year, or a term ofyear:?, 
not exceeding five, and all sums loaned, viz: one hun- 
dred dollars, or any sum ursder that, may be secured by 
the borrower giving a note, with two or more good, res- 
ponsible freeholders, as sureties, who shall sign and be 
considered in all respects as principals. Sums over one 
hundred dollars shall be secured by mortgage on real es- 
tate, the title of which shall be clear, unincumbered, and 
indisputable, in value treble the amount so loaned; and 
it shall be expressed in all mortgages and notes, that 
when additional security shall be required, that the same 
shall be given to the satisfaction of the commissioner: 
all mortgages and notes shall be drawn in the name of, 
and payable to, said commissioner, or his successor in 
office, for the use of the inhabitants of the township to 
which the mon(;y, so loaned, properly belongs, and the 
interest agreed on shall be expressed and required to be 
paid punctually, every year, at the time specilied, and 
which interest shall be paid over by said commissioner, 
annually, to the trustees, or such per?on, or persons, of 
the township to which it belongs, as the county commis- 
sioners shall appoint, and under the regulations and res- 
trictions the said court shall deem right, and make known, 
relating to the distribution of said interest, the principal 
remaining entire, and not in any case diminished. 

Sec. 11. All lands which shall not be sold at public 
sale, and no sale shall be made until the same shall hfive 
been first offered publicly, may be purchased of said 
commissioner, at private sale, at one dollar and twenty- 
five cents per acre, cash down; and the commissioner of 
each and every county is hereby empowered and autho- 
rized to bring suit, and prosecute, on all contracts, made 
by virtue of iiis office, when the same becomes necessary: 
and he shall be allov/ed such compensation for services 
rendered under this act, and expenses incurred, as the 
county commissioners of his county shall deem just. 

[Approved^ January/ 22, 1829.J 



155 



SEALS. 

Ati ACT TO PROVIDE TOR ALL SEALS THAT MAY BE AECESSARY IN j^ FORCE. 

THE SEVER.AL OFFICIAL DEPARTMENTS OF THE STATE OF FEB. 19, 1819. 

ILLINOIS. 

Sec. 1 . Be it enacted by the people of the Slate of IlU- 
nois^ represented in the General Assembly^ and it is hereby 
enacted by the authority of the same^ That it shall be the 
duty of the secretary of state to procure a permanent 
state seal of such device as may be agreed upon by the 
governor and justices of the supreme court. 

Sec. 2. That the secretary shall certify to the audi- 
tor of public accounts, the amount of the cost of the 
same, when procured, who shall issue a warrant on the 
treasurer for the amount, whose duty it shall be, to pay 
the same out of any money in the treasury, not otherwise 
appropriated. ^ 

Sec. 3. That the secretary of state shall provide a 
seal with such device as shall be agreed upon by the 
said governor and justices, for the supreme court of this 
state ; the expense of which seal, to be paid out of the 
treasury of this state. 

Sec. 4. That it shall be the duty of the county com- 
missioners in each county, as soon as practicable, to 
cause to be procured all the necessary official seals that 
may be requisite in their respective counties; and that 
they shall be, and they are hereby authorized to draw 
on the county treasurer for the expense of any such seal 
or seals, which shall be paid for in the same manner as 
other county debts are paid. 

[Approved^ February 19, 1819.] 



SECURITIES. 

AN ACT PROVIDING FOR THE RELIEF OF SECURITIES IN A SUMMARY In FORCE'. 
WAY IN CERTAIN CASES. . MARCH 24, 



1819, 



Sbc. 1 . Be it enacted by the people of the state of IlH- 
7iois represented in the General Assembly^ That when any 
person or persons shall hereafter become bound as secu- 
rity or securities by bond, bill or note, for the payment 



15G SECUlllTlE^- 

of money or other properly, shall apprehend that his or 
their principal debtor or debtors, is or are likely to be- 
come insolvent, or to migrate from this state, without 
previously discharging such bond, bill or note, so that it 
will be impossible or extremely difficull for such securi- 
ty or securities after being compelled to pay trie money 
or other property due by such bond, bill or note, to re- 
cover the same back from such principal debtor or debt- 
ors, it shall and may be lawful for such security or securi- 
ties, in every such case, provided an action shall have ac- 
crued on such bond, bill or note, to require by notice in 
vrritiiig of his, her or their creditor or creditors, or his, 
or their assig; ee, forthwith to pat the bond, bill or 
note, b^^ which he, she or they may be bound as security 
or securities, as aforesaid, in suit: and unless such cred- 
itor or creditors or assignee, so required, to put such 
bond, bill or note in suit, shall, in a reasonable time, com- 
mence action on such bond, bill or note^ and proceed with 
due diligence in the ordinary course otlaw,to recover a 
judgment for, and by execution to make the^amount due 
by such bond, bill or note, the creditor or cr ditors, or 
assignee so failing to comply with the reijuisitions of 
such security or securities, shall thereby forfeit the right 
which he or they otherwise have to demand and receive 
of such security or securities, the amount which be due 
by such bond, bill or note. 

Sec. 2. That any security or securities, or in case 
of his^ her or their death, then his, or their heirs, 
executors or administrators, may in like manner, and for 
the same cause, make such requisitions of the executors 
or administrators or assignee of the creditor or creditors 
of such security or securities as is hereinbefore enacted, 
may be made by a security or securities of his or their 
creditor or creditors; and in case of failure of the ex- 
ecutors or administrators so to proceed, such requisition 
as aforesaid, being dnly made, the security or securities, 
)iis or their executors or administrators making the same, 
r=hall have the same relief that is herein before provided 
for a security or securities, when his or their creditors 
shall be guilty of a similar failure. 

Sec. 3. That nothing contained in this act, shall be 
so construed as to affect bonds, collateral conditions, or 
the bonds which may be entered into by guardians, ex- 
ecutors, administrators or public ofScers. 

Sec 4. That the rights and remedies of any credi- 
tor or creditors, against any principal debtor or debtors, 
i!^hall be in no wise affected by this act; any thing herein 



to tlie contrary, or seeming to the contrary noiwiih- 
standing. 

Sec. 5. That hi all cases where judgment hath 
been or shall hereafter be entered up in any of the 
courts of record within this state, against any person or 
persons, as security or securities, their heirs, executors 
or administrators, upon any note, bill, bond orobhgation, 
and the amount of such judgment, or any part thereof, 
hath been discharged by such security or securities, his, 
her or their heirs, executors or administrators, it shall 
be lawful for sucl) security or securities, his, her or their 
heirs, executors or administrators, to obtain judgment 
by motion against such principal obligor or obligors, his, 
her or their heirs, executors or administrators, in any 
court where such judgment may be entered up against 
such security or securities, his, her or their heirs, execu- 
tors or administrators. 

Sec 6. That where the principal obligor or obligors 
have, or shall hereafter become insolvent, and there 
have been or shall be two or more securities jointly 
bound with the said principal obligor or obligors, in any 
bond, bill, note or other obligation, for the payment of 
money or other things, and judgment hath been, or here- 
after shall be obtained against one or m.ore securities, it 
shall and may be lawful for the court, before whom such 
judgment was, or shall be obtained, upon the motion of 
the party or parties against whom such judgment hath 
been entered up as securities, as aforesaid, to grant judg- 
ment and award execution against all and every of the 
obligors and their legal repiesentativcs, for their and 
each cf their respective shares and proportions of the 
said debt, with tb.e damages and cost of the former suit. 

Sec. 7. That no security or securities, his, her or 
their heirs, executors or administrators, shall be suffered 
to confess judgment, or suffer judgment to go by default. 
so as to distress his, her or their principal or principals. 
if such principal or principals will enter him, her or 
themselves, a defendant or defendants to the suit, and 
tender to the said security or securities, his, her or 
their lieirs, executors or administrators, other good antl 
sufijcient collateral security, to be approved of by the 
court before whom the suit shall be depending. 

Sec. B. That in all cases where J4jdgment hath 
been or hereafter shall be entered up in any of the 
courts of record in this state, against any person as ap 
pearance or special bail, for the appearance of another 
to defend any suit depending in such court, and the- 



58 SEMINARY LANDS. 

amount of such judgment, or any part thereof, halli 
been paid or discharged by such hail, tjis, iier or their 
heirs, executors or administrators, it^^hall and may be 
lawful for such bail, his, her or their heirs, executors or 
administrators, to obtain judgment by motion against 
the person or persons for whose appearance they were 
bound, his, her or their heirs, executors or administra- 
tors, for the full amount of what ma}^ have been paid 
by said bail, his, her or their heirs, executors or adminis- 
trators, together with interest and cost, in any court 
where judgment n.ay have been entered up against' 
such appearance or special bail: Provided ahoays, that 
ino judgment shall be obtained by motion in any of tlie 
•cases aforesaid, unless the party or paties against whom 
the same is prayed, shall have ten days previous notice 
thereof. 

[Approved, March 24, 1 8 1 9.] 



SEMINARY LANDS. 

TM «r.«».r, AN ACT TO PROVIDE FOR THE SALE OF THE SEMINARY LANDS. 

JAN. 12 1829- 

Sec. 1. Be it enacted hy the people of the state of Illi- 
nois represented in the General Assembly^ That the au- 
Auditor to re-ditor of public accounts shall, on or before the first day 
cord a list of of March next, record in a book or books to be provided 
land^™*"^*^^ by him for that purpose, the number and description of 
all seminary lands heretofore selected, and all that may 
Such record hereafter be selected, as soon as such selection is made, 
to be evi- and the evidence thereof returned; and which record, 
^^^^' when certified, shall have the same force and eUect in 

all places and courts, as other records. For the pur- 
pose of enabling the auditor to make or complete sucli 
. record, the governor, when called on by the auditor for 
fy°iie number ^^^^ purpose, shall, from time to time, ceitify to the au- 
kc ditor, the number and description of each tract of semi 

nary l;uid now selected, or that may hereafter be select- 
ed, and the evidence of whicli is, or may be filed in hi>: 
*^fRcr. 



SEi>IINAUY LANDS}, 



159 



Sec. 2. The auditor of public accounts shall pro- Auditor to 
ceed to sell to the l.ighest bidder, for specie or I "nited^^"'^''^^^^'^ 
States' paper, said seminary land, except township five 
north, one west, or offer the sanne for sak% at the door of 
the state house in Yandalia, on the first Monday of Oc- 
tober next, and continue said sales from day to day, until 
the w^iole shall be sold, or offered for sale, he giving And givyio- 
three months notice thereof, in two public newspapers ^^^^^^-J"^'^^ 
printed in this state, to be selected by him: Provided., 
that said land shall in no case be sold for a less sum than 
one dollar and twenty-five cents per acre. Price $1,25 

Sec. 3. Upon the purchaser or purchasers, of any Deed to be 
lot or lots of land, so sold by the auditor as aforesaid, pay- 'i^ade upon 
ing into the treasury the amount in cash for which said P^J"^®"^ 
lot or lots of land may have been sold, and producing to 
the auditor the treasurer's receipt for the same, the au- 
ditor shall make such purchaser or purchasers a deed 
for said lot or lots, signed and sealed by said auditor; 
and which deed shall vest the legal estate of such lot or 
lots of land in said purchaser or purchasers as aforesaid. 
. Sec. 4. Should any purchaser or purchasers, fail to Payment not 
pay into the treasury, the money for which said land may g.^]"* "'a and 
liave have been sold as aforesaid, and to produce the land re-sold 
treasurer's receipt for the same, as above provided, on 
or before the sale shall have been terminated, the sale to 
such person shall be void, and the auditor shall proceed 
immediately to re-sell the same, and should the lot or 
lots of land not sell for the sum for which it w^as first 
stricken off, the purchaser or purchasers so failing to Purchaser to 
pay as aforesaid, shall pay the difference between the P^J ^^'^ *^^fi*f ' 
first and secoild sale, to be recovered by action of debt, ^"^^^j^^^^^JJ g^J*g 
in the name of the auditor, for the use of the people of 
the state; and, moreover, it shall be the duty of the au- 
ditor, to cause suit to be instituted against the person or . ^.. ^. 
persons failing to pay as aforesaid, and it shall be the for the same 
duty of the attorney general, or state's attorney prose- 
cuting in the district where suit shall be commenced, to 
prosecute the same, and all moneys recovered, shall be 
paid into the state treasury, and form a part of the sem- 
inary fund. 

Sec. 5. The auditor shall sell said land in lots of Lands how 
eighty acres each, beginning with (he east half of the sold 
north-east quarter of each section, and shall confine the 
sale to each section, if so much there be in the tract, 
until the whole shall have been sold, or offered for sale; 
Provvh(L that where there m y be fractional quarters or 
fractional sections, the auditor ^lay sell said fractional 



sue 



160 



SEMiXAUi: LAr^l>&. 



quarters or fractional sections, as he n\ay deem besl: 

but in no case shall more than eighty acres of land be 

offered at one time. 

Lands which Sec. 6. VV .ere seminary lands are leased, the sanne 

huve been gj^^jj ^^^^ j^g ^^jj ^^^jj ^[^^ ^jj^,^ f^j, which the said land 

may have been leased shall have expired, then the same 
shall be sold at regular sales, as lierein provided. 
Pre-emptions g^c, 7, ^H persons who may have settled on semi- 
«3ttiers ^ nary land before the same was selected, their vendees, 
assignees or kgal representatives, that are now in the oc- 
cupancy or possession of said land, so settled, shall be al- 
lowed the right of pre-emption in the purchase of not more 
than one hundred aud sixty acres, including his, her or 
their improvement: Provided, that all such pre-emptions 
shall run with the sectional lines, or other legal sub-di- 
visions: And provided c/^o, that where any person or per- 
sons shall claim such right of pre-emption, he, she or 
vviio ih^ill they shall file a written notice of the same, describing 
!iio a notice ^^j^^ lands SO by him, her or them improved, occupied 
with the uu- ^^^ possessed, accompanied with an affidavit, taken 
•iitor and certified before a justice of the peace, that he, she 

or they did improve said land, and settle upon the same, 
before the said land was located for seminary purposes, 
or that he, she or they are the lawful owner or occupants 
of the improvements made as aforesaid, with the audi- 
tor of public accounts, on or before the first day of June 
next', and should such person or persons pay into the 
treasury one dollar and twenty-five cents per acre, for 
jsaid land,on or before the first day of October next, the 
auditor shall make a deed to such person or persons, for. 
said land, as perscribed in other cases: but should such 
person or persons fail to make payment aforesaid, 
Payment not the auditor shall at the first regular sale of semiiiary 
being made lands herein provided for, proceed to sell said land as is 

auditor to sell --u j • a • xu- i. 

prescriDcd ni other cases m this act. 

Public sales Sec. 8. No land shall be sold at private sale, until the 
same shall have been first offered at public sale, except 
in casr^sof pre-emption herein provided for. Should all 
the aforesaid seminary land not be offered at public sale, 

Leased lands at the time herein provided for, by reason of any of 

when sold the same being leased, or otherwise, the auditor shall ad- 
vertise the sa:d land for sale, so soon as the same can be 
sold after said leases shall have expired, fixing a time for 
the sale of said lands and shall proceed in the sa-ne 
manner as is provided for at the first r» gular sale. All 
huids not sol'] at the reguhr ^ales, after the same sha'Jl 

private sale have been otfered, raay be sold at private sale. PersoQs 



fk 



SEMINARY LANDS. 



161 



wishing to purchase at private sale, shall file with the 
auditor of public accounts, a written application, sta- 
ting his name, place of residence, and the descrip- 
tFon of the land he may wish to purchase, upon which 
the auditor shall make out an order to the state 
treasurer, to receive from such applicant the purchase 
money for said land; describing in such order, the tract 
or tracts so applied for, the number of acres, and the 
amount of money to be paid, together with the name of 
the purchaser; and upon such person delivering the or- 
der aforesaid to the treasurer, and paying said treasurer 
the purchase money for said land, at one dollar and 
twenty-tive cents per acre, ^nd producing to the auditor 
the treasurer'^ receipt for the same, the auditor shall 
make out and deliver a deed to said purchaser for said Deed 
land, as herein before provided for, and which deed shall 
vest in the purchaser the fee simple estate in said land. 
Said auditor shall file and preserve said treasurer's re- 
ceipts, and enter in a book, to be kept by him for that Account of 
purpose, the number and description of all land so sold ^^^^^ 
by him, also the date of each deed and the name of the 
purchaser. The treasurer shall also enter in a book, by And pay- 
him provided for that purpose, the number and descrip-nients 
tion of each tract so sold by the auditor, the purchaser's 
name and the sum of money paid for the same, and shall 
also tile and preserve the auditors order aforesaid. 

Sec. 9. • The moneys arising from the sale of the Money to be 
aforesaid seminary land, shall be paid into the treasury, P^^;^ ^* ^^^ 
as all other moneys, but the same shall be charged in a ^^^ " 
separate account, and shall never be disposed of by the And applied 
General Assembly to any other use or purpose whatever, *^ educahoQ 
than that of Education. 

Sec. 10. The governor of the state, the auditor ofCom'rsof 
public accounts, the attorney general and secretary of ^^"^^"^'^^ 
state, shall be, and they are hereby constituted and ap- 
pointed commissioners of the seminary fund, who shall 
have power^ and it is hereby- made their duty, nom 
time to time, as monevs may he received frum the sale of ^^ ^'^^* ^^^^ 
the aforesaid semin-jry lands, to vest said mof.eysin some."^^"^-^ 
productive fund or stock, such as they may deem most 
advisable, and upon such interest, and upon the best 
terms they may be able to obtain; and they are hereby 
author. Zi^d ta draw upon ihe treasurer of the state for 
said money, for the purpose aforesaid: Prmir/ed also^ 
that tiiey make report^ to tiie General Assembly, at And Report t«. 
thecomrne-icementof each regular session, of their pro- ^^^'g^'^y^'^^ 
ceedin^s touching said semi aiy funds* 

Q 



^ ^'^ SHOWS AND JUGLERS. 

Laws repeal- g^,^^ ^^^ ^H ^^^^ ^^^ ^^^^^ ^^ j^^^^ ^j^.^^ author- 
ized seminary lands to be leased, are hereby repealed. 
This act to lake effect from and after its passage. 

[Approved, January 1 2, 1 829.] 



S^KOWS AND JUGLERS. 

AS ACT TO PROHIBIT SHOWS OF WAX FIGURES, f'RICKS OF 
.!.%* FORCE, ■ 
WAT 1, 1829. JUGLERS, &C. 

Shows &c ^^^* ^' ^^ ^^ enacted by the people of the state of Ilh- 

for pay pro- nois^ represented in the General Assembly, That no per- 
hibited son or persons, shall be permitted to eXiiibit any shows, 

wax figures, or perform any feats, such as circus riding, 
or exiiibitions, or any thing of the like nature, or per- 
form any tricks, such as are played by persons generally 
known by the name of thimble players, rope and wire 
dancers, slight of ha'nd with cards or cups arid balls, 
unless the same be shown and performed by such 
person or persons, without fee, charge, or compensation 
therr'for, either directly or indirectly; and if f>ny psTson 
or persons, shall wish to show, exhibit or pcrtorm, as 
above stated, and charge therefor, he or they shall previ- 
Unless li ^"^^ thereto, apply to the treasurer of the county, who 
ed and taxed ^hall direct what sum shall be paid therefor. nt*t less 
than live, nor more than one hurdred dollars, for the 
term of time agreed on, v/hich shall not exceed two 
weeks in thecountj; and on payment of the ^um requi- 
' red, the treasurer shall give a receipt thereto; , which 
I shall be presented to the clerk of the commissioners' 

court of the county, and on payment of fifty ccits fee to 
said clerk, he shall give a permit to such person, to 
show, exhibit, and perform as aforesaid, for the time 
agreed on by the treasurer, and the said Aark sha^l file 
said receipt and charge the treasurer with the sum re- 
ceived into the county treasury: and if any perso or 
persons shall exhibit any shows, wax figures, circus 



SLANDER. 



163 



nding performances, or any such thing, or perform and Penalty for 
play any such tricks as above described, and shall charge ^^<^^^"S 
and exact, or in any manner receive compensation 
therefor, and shall not have obtained a permit so to do, 
such person or persons, shall forfeit and pay, foreach and 
every such offence, any sum not less than ten, nor more 
than one hundred dollars, to be recovered bv action of 
debt before any justice of the peace of the county, in 
the name of the county commissioners, or county trea- 
surer, for the use of the county, with costs of prosecu- 
tion. 

Sec. 2. If complaint be made on oath, in writing, Manner of 
by a county commissioner, treasurer, or any citizen ofP'^<^^^<^'i^i"s 
the county, that any person or persons, (naming them) 
are in the county, and to the best of his belief, violating 
the law, in the particulars above stated, it shall be the 
duty of the justice to issue a capias or warrant, and if 
affidavit be not made, a summons shall be issued. 

This act to be in force on the-tirst day of May next. 

[Approved^ J anuat-y 23, 1829.] 



SLANDER. 

AN ACT DECLARING CERTAIN WORDS ACTIONABLE. ^N FORCE, 

DEC. 27, 1822; 
Sec. 1. Be it enacted by the people of the state of Illi- 
nois represented in the General Assemhlv^ That if any Certain words 

^1 11 /-I 1 j_- 1 1- L J I- u clecJared ac- 

person shall falsely use, utter, or publish words, which tionable 

in their common acceptation shall amount to charge 
any person with having been guilty of fornication, or 
adultery, such words so spoken shall be deemed action- 
able, and he, she or they so falsely publishing, speaking 
or uttering the same shall be deemed guilty of slander. 
Sec. 2. That it shall be deenied slander, and shall 
be actionable, to charge any person with swearing ^^^''^"dertaia word 
ly, or with having sworn falsely, or for using, uttering or ceclared slan 



164 



STATE RANK. 



der, whether publishing words of, 
«sed in coa- ^.^-^^^i in their 



to. 



, or concerning any |>erson;, 

versfition or — •" — - Common acceptation, amount to such 

not ofjudicial charge, whether the words be spoken in a conversation 
proceeding of, and concerning a judicial proceeding, or not. 

Sec, 3. That tliis law shall take effect and be in 
feree from and after its pnssage, 

yipproved^ Dccemhr 27, 1822.] 



STATE BANK. 



IN FORCE, 

Jan. 28,1826. 



AN ACT S¥PfLEME>'TAL TO " AN ACT MAKING APPROPRIATtOKi' 
FOR THE YEAR 1825 iiND 1826," APPROVED, JANUARY 18, 1825. 



Courts prohi- 
bited from 
scaling debts 
due the bank 



A further pro- 
vision relative 
to bank debt 



Sec. 5. That the twenty-first section of the " act 
concerning judgments and executions," approved, Janu- 
ary 17, 1825, as well as all other acts or parts of acts 
which may or can, in any wise be so construed to autho- 
rize any court or justice of the peace, to scale any note 
bond, bill, obligation, mortgage, or other security, which 
has or may hereafter be made, or executed to the presi- 
dent and directors of the state bank of Illinois, be, and 
the same is hereby repealed. 

Sec. 6. That in all cases where judgments may 
have been rendered by any court in this state, upon any 
note, bond, bill, obligation, mortgage, or other security, 
heretofore made to the state bank of Illinois, bj redu- 
cing the number of dollars, specified in such note, bond, 
bill, obligation, mortgage or other security, to their spe- 
cie value, that the endorsement made upon the record 
and execution as required in said act, be deemed and 
taken as part of the execution: and that it shall be the 
duty of the oflicer collecting said execution, to collect 
the same in paper of the state bank^ or auditor's war^ 



STATE BANK. 



165 



rants or Specie, at the election of the defendant: or in f^°^^^^X ^"j.^ 
case of the sale of property to satisfy any such execution, ed 
the property shall be sold for state paper, or specie, at 
the election of the purchaser, which shall be expressed 
in the advertisement for sale. 



AN ACT TO KEP£AL, A PART OF THE ACT ENTITLED *'AN ACT ijj FORCE, 
SUPPLEMENTARY TO AN ACT ESTABISHTNG THE STATE BANK JAN. 2, 1829. 

OF ILLINOIS," APPROVED, January 10, 1825. 

Sec. 1. Be it enacted by the people of the state of 
Illinois, represented in the Gentral Assembly,^ That so 
much of the third section, of the act entitled '''an act 
supplementary to an act establishing the state hank of 
Illinois," approved, January 10, 1 825, as reqares, previ- 
ous to burning state paper, that the cashier of the prin- 
cipal bank shall make a list of the numbers, letters, and 
dai€ of said notes, be, and the same is hereby repealed* 

[Approved, January 2, 1 829.J 



„4K ACT RELATIVE TO THE CLAIMS OF THE STATE BANK OF j,^ FORCE. 

ILLINOIS. JAN. 23, 1829. 

Sec. 1. Be it enacted by the people of the state ofcase^ in 

Ilhff )i? represented in the General .^.v^em^/^, That Thom SliaM'Ufetown 

as L. Poser^ Cashier of the branch of the state ba^ik, a^.^^''''''S^*^* 

S. i ' J . ! i ■ 1 1^ r .' ' <wteii ine 

oawneeto^yn, and the stale's attorneys of tnat circuit, bank & iadi- 



1^^ STATE BANK. 

viduals may j^g ^j^j j-j^^y ^j.^ hereby authorized to remove aii cases 

be removed . • i • /• • ,• / a • i." i t a 

by apoeal Retried belore justices ol the peace, lu r ranklin coui.ty, 

and in all the counties composing said branch bank dis- 
^ferict, between the said bank and individuals, wherein 

the judgment may have been reduced to the specie 

value of the notes sued upon, by appeal, or certiorari^ or. 

otherwise. And should the said cashier and staters at- 
er"t (?;ish^7^^''"^y ^"^ it iinpracticable, in their opinion, to succeed 
touching in said causes, by such means, then said cashier is hereby 
judgments al- authorized to receive all moneys, that have been, or 
efd ^ ^^" ^^'may be collected upon judgments already rendered, and 

receipts in fuil tor the same, to the person or persons, 

paying said money. 

\ Approved^ January ^^2^^ \Z1'd.'\ 



AN ACT TO AMEND '^ A.N ACT, SUPPLEMENTARy TO AN ACT ES- 
IN FORCE 
^^^ 03 J329 TAELISHIKG THE STATE BANK OF ILLINOIS," APP^OVED^ 

JANUARY 10, 1825. 

Sec. 1. Be it enacted hy the people of ih& state of lilt' 
Debtors tothe'"«'02>, represented in the General Jlbsentbly, That every per- 
bank allowed son who is indebted to the state bank of Illinois, or any 
three years of its brandies, by default at tliis time, cashiers and col- 
lectors excepted, shall be allowed to pay such debt, or 
^ . debts, in three equal annuaL instalments, the last to be- 

noieB^^^^ *"^come due on or before the first day of May, 1832, by 
executing to the said bank h note for each instalment, 
with such security on each, as the cashier, on the recom- 
mendation of the clerk and sheriiFof t!ie county, where 
the debtor resides, shall approve; which notes shall be 
signed hy the security as principal, and be liable as such, 

and as near as may be in the following form: "• 

months after date, we, or either of us, promise to pay the 
president and directors of the state bank of Illinois, for 

the use of the people of said state, the sum of 

dollars, it being the instalment of a debt of 

dollars heretofore due^the said bank, by (note orjudgment, 



Form of note 



STATE BANK. ^ ^^ 

as the case may be) payuhle ^vitli interest from the date, 
for value received. Witness our iiands and seals tiiis 

day of 18 — /' Provided, if any such 

note shall be paid on or before ihe day it shall beconie 
due, said interest shall be remitted, but if any such note Interest, when 
shall iiot be punc-ually paid, the same shall be charged •"emitted 
ar.d collected: Provided^ lurther, where suits may be 
-peiuiing, or judgments already recovered, the costs shall ?f^ ^^^ 
be first paid or saristied to the bank, or the officers enti- 
tled to the ?ame: wiiere there is a mortgage, the same Mortgages 
sitali not b<i considered as in any wise affected or in^P'^dr- ^"Yj^^j^^'^^j.^ 
ed by this act, or the proceedings under it. 

Sec. 2. There shall be allowed to all bank debtors Time allowed 
whose notes are now due, oragainst whom judgments may to have ad- 
have been recovered, uiilil the tirst da}? of September J^Yf act ^ 
next to avail themselves of the provisions of this act, and 
to all other persons indebted by note, or mortgage, until 
the next regular call, or discount day: nothing in this act 
jshail be so construed as to prevent the cashiers from pro- 

ceedlnp; in their collections as heretofore: When any ^vr ♦^^ ♦^ u« 
111111 11 1 • 1 n 1 1- 1 i^'otes to be 

debt shall be so secured, the cashier shall deliver to the delivered 

debtor any liote, and all notes, which he may have in said 

bank, or^ny brancii ; or if any judgment shall have been ,." *^!' '^j" 

oblaiued,t^o direct the clerk, or proper ofRcer, to enter 

satisfaction of the same. 

Sec. 3. Any property that may have been, or that Person having 
may hereafter be bought in by the bank, or either of its thenghtofre- 
brap.f^hes, on any sale on either judgments, decrees, or^^°^^^ *° 
executions, the person owning the same, at the time of 
such sale, his heirs, or any person who by law may have 
the right to redeem ilio, same, shall have the privileges 
extended to him, or.her, as is provided in. the-first and 
seconetsections of this act: Providedyin all cases where the 
judgment, decree, or execution, has not been satisfied, 
the person so claiming shall secure the whole of such 
amount, and when the amounts of such notes are dis- 
charged in fail, the cashier shall execute a deed in fee 
simple, to the person, for the property so paid for. 

Sec 4. xA.fter the first day of September next, so soon Property 
as the cashier shall obtain a deed for any property that bouj^it by the 
is not secured according to the foregoing sections, he '^^''^ ^°^ 
shall proceed to sell the same at the door of the court 
house in the county it lies in, by giving four wrecks pre- 
vious notice in a public newspaper, advertising it on the 

doorof the court house wherein such property is to be „ , „ 

11 !•* r i J 4-1 • 1 ^o"" tor pur - 

sold, on a credit ot one, two, ard three years, m equal ^hase money 

instalments, taking bond and security for the amount of 



1-68 STATE BANK. 

such sales, which bond he is to file in the clerk's office 
of the county where such property, so sold, is situate, 
cffecrofa re- w*'i^*^' boi :d shall have the force avA effect of a leplevy 
pkvj bond bond: and wi)en such bond becomes due thr clerk may 
issue execution, and direct it to the proper officer, who 
Sf e^thereon ^^'^^^ proceed to collect the same as in other cases. There 
is hereby declared to exist alien on all such property, so 
perty sold " sold, in favour of the said bank, for the eventual pay- 
ment of the purchase money, as an additional security 
therefor; and on full payment being made, the cashier 
Deed, when shall execute a deed to the purchaser, his heirs or as- 
to be made signs, in behalf of the bank, with general warranty. 

Sec 5. The said bank may appeal from the judgment 

Bank may of any justice of the peace, to the Circuit Court, at any 

appeal ^. -^ -'. . . ,, ^ ' „ , ,.,. ' / 

time withm three months after the rendition of such 

judgment, by the cashier filing with the clerk of the Cir- 
cuit Court, in the county where such judgment may be, 
a copy of such judgment, and all appeals heretofore ta- 
Anpeals here- ^^*^" y ^"3 of the cashiers from the decision of the jus- 
tofore taken tices of the peace be, and the same are hereby declared 
valid; and in all cases where the state bank is liable for 
Costs how ^^^s to any clerk, justice of the peace, sheriff, or consta- 
paid ble, the same shall be, if paid in discount or state paper, 

paid at the rate state paper was paid out at thetreasuryj 
at tue time the services were rendered. And in all cas- 
Accoiint of es it shall be the duty of any officer who may have the 
kinfirof mo- Collection of any money due the state bank, or any of its 
neys received branches, to keep an account of the difFeient kinds of 
money in like manner as is prescribed by the nineteenth 
section of an act.^ entitled " An act to provide for raising 
a revenue," and pay over the same kind to the cashier, 
of the bank, who shall keep an account of the same, and 
such cashier shall in his report set forth the different 
kinds so received by him, and from whom: ai!y cffi.cer 
failing to comply with the provisions herein set forth, or 
the requisitions of the above rerited act, shall be liable 
to pay one thousand dollars for each neglect. 

Sec. 6. The office of the cashier of the principal bank 
nrlncipaf ^^ hereby abolished, and his duties shall Ijereafter be 
bank abolish- discitarged by the auditor and state treasurer; and it 
ed shall be the duty of the said cashier of the principal bank, 

on or before the first day of March next, to deliver over 
To deliver ^q (\^q treasurer all the books, papers, notes, accounts, 
^ ' ' ' money, auditor's warrants, and property, in any wise be- 
longing to said institution, and take tlieir rereipts for the 
same: and the treasurer is hereby required to enter a 
credit, in .favour of the said bank, for the amount of war- 



STATE BANK. 1^9 

rants so received, and proceed to have the sanae cancel- 
led as in otiier cases. 

Sf.c. 7. TiiC treasurer shall discharge all the duties Treasurer t« 
requir^'d of the cashier ofsaid bank by the act establish- P'^''^"^''^ ^^^ 
inirtiie state bank of Illinois, and the cashiers of the dit-Jef'^'°"'^'^" 
ferent branch banks, annually, are required to pay over „ 
to the treasurer all moneys by them collected, in the same ma'de to him 
manner, and under the same regulations, as are required 
hy the provisions of the above recited act. 

Sec 8. Any person indebted to the state bank, or any interest re- 
ef its branches, who shall, by the first day of July, 1830,^^»sed in case 
make full and complete payment for all notes, judgments, ?^^ \^2^^^^ 
and mortgages, that may be held by said bank against " 
them, shall be released and discharged from the pay- 
ment of all interest with which they are chargeable, and 
it shall be the duty of the cashiers of the different branch 
banks, when any person indebted to said bajik wishes to 
take the benefit of the provisions of the first section of 
this act, by givirig additional notes, to calculate the in- 
terest with which he is charged, and enter the same in a 
book, to be kept by him for that purpose ; and if any such 
debtor shall on or before the first day of July, 1830, pay 
the full amount of the said several notes, he shall be re- 
leased and discharged from the payment of interest afore- 
said ; and all persons indebted to the state bank, or either 
of its branches, who make full payment, on or before the 
fi^rst day of September next, shall be allowed ten per 
cent, discount and the interest. 

"Sec. 9. That an additional compensation of two and Percent, to 
a half per centum be, and is allowed to the attorney gen- attorney's for 
era], and the state's attorneys, on all moneys by them '^o"®^^"'^ 
collected for the state bank, or its branches. This act 
to take etfect, from its passage. 

l^Approved^ January 'iZ^ 1 8*29.1 



170 



STATE HOrSE. 

AN ACT PROVIDING FOR THE SUPERINTENDENCE OF PUBLIC PROP- 
1S FORCE, ERTY IN THE TOWN OF VANDALTA. 

FEB. 12, )823. 

Secretary of ^^^* ^' ^^ ^^ enacted hi/ the people of the state of 
Stnte to take Illinois represented in the General Assembly^ That the 
oare of the secretary of state be, and he is hereby, authorized and 
public proper- j,^q^^j^.^^^ to take possession of, and cause to be kept in 
good repair, during each and every recess of the Gene- 
ral Assembly, the state house at Vandalia; and the sec- 
retary of the senate, and clerk of the house of repre- 
Clerks of the ^^"^^^^^'^^' ^''^ hereby required to have a correct inven- 
legislature to tory made of all the furniture and other things, that at 
give certifi- the rising of each, and every General Assembly, may be 
cieTaftereach ^^^^^ ^" ^^^^ -^'^^c house aforesaid, and thereunto belong- 
gession. ing; and deposit the same in the office of the auditor of 

public accounts. 

[Approved^ February 12, 1823.] 



~-^^Q^ 



IN FORCE, AN ACT TO PROVIDE FOR REPAIRING THE STATE HOUSE, AKD 
" ' '"''"'• BANKING HOUSE, IN VANDALIA, AND FOR OTHER PURPOSES. 

State house to Sec. 1. Be it enacted by the people of the state of J- li- 
be repaired yioig^ represented in the General Assembly^ TL:af the audi- 
tor, treasurer, and secretary of state, or a majority of 
them, under the direction of the governor, shall cause 
the state house in Vandalia to be repaired and painted, 
and such improvements to be made in ai^id about the 
. same, as they shall deem necessary; and the auditor shall 
issue his warrant on the treasury for the cost of t^ e same : 
Provided^ that the expense of the same shall not exceed 

v.. . , four hundred dollars. 

Directors to ^ ,^, • i ^ it* n ±^ i , 

have tht state oEc. 2. i he president and directors oi the state 

house repair- bank of Illinois are' authorized to cause all necessary 
repairs to be made to the banking house in Vandalia, 
and to pay for the same oat of the funds of that institu- 
tion: Provided^ that the expense of such repairs shall not 
exceed three hundred dollars. The said president and 
directors are hereby released from any liability to refund 
- the sums expeiided b) their direction, in repairing said 
banking house, in the year 1 828. 

[Approved^ January 23, 1829.] 



171 



SUITS BROUGHT BY OR AGAINST THE STATE. 

AN ACT DIRECTING THE MODE OF BRINGING SUITS, BY OR AGAINST ^^ ^?^^5^„ 

JUNE 1, 1829. 
THE STATE. ' 

Sec. 1. Be it enacted by (he people of the state of lUi- Auditor to 
nois^ represented m the Genera-j Assembly^ That it shall ^"^ ami be 
and may be lawful for the aiK.itor of public accounts ot^"'jj- qJ- t^e' 
the state of Illinois, to sue for any demand which the state 
pepple of the state may have a right to claim, and to be 
sued and to sue, to plead and to be impleaded, to answer 
and be answered, to defend and to be defended, in any 
court of record, or other plnce, where justice shall be 
judicially administered, in the name of the auditor of "^o be sued at 
pubHc accounts, for the people of the state of Illinois: ^'^^^^^^,^^^'J. 

*" I l' 111 I I'll I lO " 

t^rovided^ that the auditor shall not be liable to be sued onlj 
in any other couniy than that in which the seat of gov- ^uty of at- 
ernmentis situated. And the attorney general of this* -^ genera 
state shall prosecute and defend all suits brougiit by, or 
against, the auditor of public accounts, as is prescribed 
by Ifiw. From all judgments, so rendered, appeals may Appeals 
be taken to the Supreme Court, and it shall be the duty 
of the auditor to take such appeal, if in his opinion 
justice has not been done in the court where such judg- 
ment has been rendered ; nor shall any judgment against Ju^Jgment not 
the auditor, in hisrepiesentative capacit}, bind him per-g^^^"j"_ ^f^%g 
sonally, or be conclusive upon the Stale, until the same conclusive 
shad be examined by the General Ass' :mi)ly. In cases G^^neral As- 
of appeals bv the Auditor, he shall not be" required to T"'^!?',,*'' ^^' 
give bond, orsecunty, as m other cases. 

Sec. 2. When judgment shall be rendered against Auditor to ra- 
the auditor of public accounts for the state oi llii^jois, it port the judg- 
shall be his duty to forward a copy of such judgment, ^,',°^^^" ^*'°- 
and proceedings thereon, to the next General Assembly, vvho may act 
and If approved by tlie same, an appro}>riHtion shall be thereon 
made to satisfy the same, or such part thereof as said 
General Assembly may deem just. 

Sec 3* The act, eiititled "an act directin«j the mode 
of bringing suits, by, and against the state, coui.ties, Acts repealed 
townships, and other corporate bodies, and for other pur- 
poses," approved, Marcii 23, 1819, is hereby repealed. 
T'. IS act to be in force, from and after the first day of 
June next. 

[^ipproved, January 3, 1829.1 



172 



SURVEYORS. 



In force, 
JUNE. 1, 1829, 



AN ACT REGULATING THE APPOINTMENT AND DUTIES OF COUNTY 

SUP^VEYORS. 



County sur- 
x'-eyors liow 
appointed 



And coramis- 

sioiied 
Recess ap- 
pointments 



Absence from 
the county 



Odth 



By whom ad 
ministered 



Duty of sur- 
veyor 



Beputie? 



Sec. 1. Be it enncte'l hy the people of *he stale of 
Illinois represented in tht General Assembly^ That the 
house of representatives shall nominate to the senate a 
suitable and fit person, to discharge i\\e. functions of nir- 
vejor, in each and every county in this state : and if such 
nomination be confirmed by the senate, it siiall be tiie 
duty of the governor to commission such person so ap- 
pointed, to continue in office during good behaviour: 
Provirled^ that hereafter when the General Assembly shall 
not be in session, and any vacancy shall happen in the 
office of county surveyor, by death, resignation, or other- 
wise, it shall be the duty of the county commissioners' 
court, of the county in which such vacancy shall happen, 
to nominate a suitable person to fill such .vacancy to the 
Governor, who shall thereupon issue a commission to the 
person so nominated: and the person so appointed shall 
hold his office untiLthe end of the next session of the 
General Assembly {hereafter: Provided, that an absence 
from the county for nine months at any one time, shall 
be considered a sufficient cause to declare the office 
vacant unless the surveyor's family continues to reside 
in the county. 

Sec. 2. Each a^^.d every surveyor shall, previous to 
his entering upon the duties of his office, take an oath 
that he will in all things, as county surveyor, perform 
the duties of his office to the best of his skill and judg- 
ment, w^ithout favor or affiictioT); which oath may be ad- 
ministered by any judge, or justice of the peace, in the 
county to which such surveyor is appointed, and shall be 
endorsed on his commission. 

Sec. 3. It shall be the duty of the said county sur- 
veyor to make all >urve»ys, within tl'e bou»ids of his coun- 
ty, that he may be called upon to make, either by him- 
self, or a depuly properly authorized by him, ana com- 
petent to perform the dutv, within a reasonable time 
after apolication is made to him. 

Sec. 4. Each and every surveyor may appoint one 
or more d- pnties to as'=;ist him in the performance of the 
duties of his office: Each deputy shall take an oath 
similar to that previously taken by the surveyor himself ; 
35 d t!u» surveyor shall be responsible for theo^cial acts 
of his) deputy. 



SURVEYORS. 



irj 



Sec. 5. All chainmen necessary shall be employed ^''^ai»'»en to 
hy the person wanting surveying done: They shall be 
good and disinterested persons, to be approved of by the 
surveyor, and they shall be sworn by tlie surveyor to mea- sworn 
sure justly and exactly, to the best of their knowledge. 

Sec. 6. It shall be the duty of all county surveyors, 
previous to their making any survey, under the author- 
ity of this act, to furnish themselves with the field notes <^"ginal fleld 
of the original survey of the lands which they may be°° ^^ 
called on to survey: and all surveys made by a county Surveys to be 
surveyor, shall be made agreeably to the original survey "^^a^e agreea- 
of the land. For the purpose of perpetuating every ^ thereto 
survey, the surveyor shall be required to establish his Corners 
corners by taking bearing trees, and noting particularly bearing trees 
their course, and distance: and where there are no trees 
within a reasonable distance, the surveyor shall perpet- 
uate his corners by erecting mounds: Provided^ that in Mounds 
all cases w^here it shall appear practicable, the surveyor 
shall require the person having the survey made, to 
furnish suitable stones; and at each and every corner Corner stones 
made and established, a stone shall be permanently placed 
in the efround, and in such cases it sh dl not be necessa- 
ry to erect mounds; and shall moreover furnish the pro- Propnetor to 
prietor of every tract of land, with a copy of the original ^ith theorL 
field notes, of every tract of land he may survey. It ginal field 
shall also be the duty of each county surveyor to pro-"otes 
vide himself with a well hound book, in which he shall 
carefully and legibly record and note down every sur- Record 
vey made by him, giving therein the name of the per- 
son, the survey of whose land is so recorded, and ^^^. ^^ *^^^^ 
describing as near as practicable, the metes and bounds 
of the land, and noting the date on w^hich the survey was 
made: and such record shall be subject to the inspection ^-^^^jbe sub^ 
of every person who may think himself interested; and {ion "^ ^^^^' 
a certified copy thereof, under the hand of the surveyor Made prima 
shall be admitted as pn'may^cze evidence in any court of facie evidenca 
record in this state. 

Sec. 7. It shall be the duty of every county survey- To be deliver,. 

or, or other person having the official record of such '^ success 

, ' " ~ . sor 

surveyor in his possessioii, to deHver up the said record 

to his successor, whenever he may be applied to for that 

purpose; and every person who having possession there- Penalty for 

of, will refuse to deliver the same to such successor, "'^^^^'"S ^® 

when demanded, shall forfeit and pay one dollar and 

fifty cents for every day he may detain it after demand, 

to be recovered by any person who will sue for the H^ow recover 

same, before any justice of the peace of the pr^jper^'^ 

R 



i'?4 TOBACCO. 



county, one half to the use of the person suing, and 
B.ecord not the other half to the use of the count}. No act or rec- 
oonclusive ^^j j^^^ ^^^ surveyor or his deputy, as aforesaid, shall be 
conclusive, but may be reviewed by any competent tri- 
bunal, in any case where the correctness thereof may be 
disputed. 
F«es Sec. 8, The county surveyors respectively, shall be 

entitled to such compensation, from each person to 
whom they have rendered their services as survey- 
ors, as may be, or now is allowed by law. 
Acts repealed Sec. 9, The act entitled an "act for the appointment 
of surveyors for the several counties of this state," ap- 
proved, January 31, 1821, and the act, entitled "an act 
supplemental to an act, entitled an act for the appoint- 
ment of surveyor for the several counties of this state," 
approved, February 9, 1821, are hereby repealed: but 
every county surveyor, holding his office under those 
acts, shall continue in office as if this act had not been 
passed. • 

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

[Approved^ January 14, 1829.J 



TOBACCO. 

■isi forck, an act establishsng and regulating the inspection vlf 
;ai^. 12, 1829- 

' tobacco in this state. 



Warehouses 



Sec 1. Be it enacted hy the people of the state of ItH- 
nois^ represented in the General Assembly, That it shall 
be the duty of the county commissioners' courts, in tlie 
several counties within this state, from time to time, to 
authorize the erection of warehouses for the reception 
and inspection of tobacco, at such places within their 
respective counties, as they may deem necessary and 
proper. And they shall moreover require the person or 



TOBACCO. 



175 



persons, who shall apply for permission to erect the same ^f ?°"^. ^P" 
» . ', , .,, ^ ,>V . / -J • 11 plyine: tor per- 

to give bond, with sufiicient security, in a reasonable Jnission to 

penali}', payable to the county commissioners of said erect them to 
county, ortheir successorsin office, for the benefit of the S^^®^°"^ 
county, with condition to erect such strong and substan- 
tial house or houses, as will contain nt least one hundred 
hogsheads of tobacco and as many more as the said 
county commissioners may think necessary, and also to 
keep the same in repair as long as it shall continue a 
public warehouse. 

Sec. 2. All tobacco which shall be brought to any Duty of in 
of the warehouses, established as herein before directed, ^pector 
shall be received, inspected and examined, by one person 
lo be thereunto appointed, who shall be called Inspector^ 
and who shall be appointed in the following manner, 
to-wit: The county commissioners of the several coun-^°^^rpoin^' 
ties wherein any warehouse or warehouses, shall be es- 
tablished according to the provisions of this act, shall, 
and they are hereby authorized and required, once in 

every year, at the first term of their courts, or at the ,, 

V&c3ncies 

next succeeding term, to appoint a person of honest how filled 
character, and reputed to be skillful in tobacco, as In- 
spector for each and every warehouse within their res- 
pective counties: and in case of death, resignation, or 
removal of any person so appointed, the said county 
commissioners shall, at the next succeeding term, upon 
notice of such death, resignation, or removal, appoint 
a persoD, qualified as afn-said, to act as inspector for 
that inspection, where the vacancy shall have occurred, 
until the next regular appointmeiit of inspectors, and 
every inspector shall continue in office until a successor 
is appointed: Provided, thnt the county commissioners' 
court may, if they deem it necessary appoint one addi- Additional 
tional inspector to each and every public warehouse ^"^P^°*®*' 
within the county. 

Sec 3. Every person who shall be appointed inspec- To give boml 
tor by virtue of this act, shall, before he enters upon the 
duties of his office, give bond, with sufficient security, 
in the penalty of not less than one thousand dollars, at 
the discretion of the county commissioners' court paya- 
ble to the said county commissioners, or to their succes- 
sors in office, for the benefit of the county, with condition Conditions 
for the true and faithful performance of his duty, while *^?''^°^ 
he continues inspector according to the provisions of 
this act; which bond shall be filed in the clerk's office of 
the county commissioners' court, and the county treasu- How sued up- 
rer shall commence suit for the recovery of the above on 



176 



TOBACCO. 



penal y, against every inspector failing to discliarge tlie 
duLiCi? of tiis office, agreeably to tne provisions of ti^is 
act, before any tribunal having jurisdiction thereof^ 
within two months afier notice of such /ailure, under the 
penalty of five hundred dollars. And every inspector 
shall also take the following oath or affirnr]ation,iTt open 
Orith of in* court, at the time lie executes his bond, to-wil: " You do 
£5?ector solemnly swear, (or atlirm, as the case may be,) that you 

v/ill diligently and carefully view, and examine all tobac- 
' CO brought to the warehouse, whereof you are appointed 
inspector, and that you will not receive or pass any 
tobacco whicli is not in your opinion sound, well condi- 
tioned and merchantable, free from trash, and that in 
classing the same, you will according to )our best skill 
and judgmenf;make atrueand correctdiscrimination be- 
tw<3enthe first and second qualities, and that you will not 
receive, pass, or stamp, any hogsiiead or cask of tobacco, 
contrary to the true intent and meaniiig of the laws in 
such case made and provided, nor refuse anv tobacco 
that in your judgment is sound, well conditioned and 
merchantable, and free from trash, and that you will not 
change, alter, or give out any tobacco, other than such 
liogsheads, or casks, for which the receipt to be taken 
, was given, but that you will in all things well and faith- 

fully discharge your duty in the office of inspector, ac- 
cordmg to the best of your skill and judgment, and 
according to law, without fear, favour or atfection, mal- 
ice, or partiality: So help you God." A]id if any per- 
son shall presume to execute his office of inspector, !)c- 
iNegJigenc 01 II |"^j,g 1^^ shall have given such bond and taken such oath, 
and taking aforesaid, he shall ibrfeit and pay five hundred dollars 
t'ath for the use o{ the county. 

Sec 4. The inspectors of tobacco shall attend at 
inspector to their respective warehouses whenever called on (Sun- 
ddive^t^obac- ^^J^ ^^^^ sickness excepted) by any sliipper or raiser of 
CO tobacco, to deliver out for exportation such .tobacco as 

remains in the warehouse^ and to inspect any tobacco 
brought to said warehouse; and every inspector neg- 
lecting to attend when requested, as aforesaid, slial! 
Penalty for forfeit and pay to the party aggrieved, fifty dollars for 
not doing so every neglect, or be liable to an action on the case, at 
the suit of the party aggrieved, to recover all scuh dam- 
. ages as he or they, shall have sustained by any such 
neglect. 
Book to be Sec. 5. That all persons having tobacco at a public 

'kept warehouse, may have equal justice, the inspector, shall 

enter in a book, to be kept for that purpose, the mark? 



TOBACCO. I l*^"^ 

and owners' nani'^s of all tobacco, brought to their pes- ^hat it shal* 
pective warehouses for inspection, in the order in which ^^" ^*" 
the same shall be brought in, and such inspector shall Manner of in- 
view and inspect the same^ in due time, as it sh.'dl be en-spection 
tered in such book, without favor or parliallty, and 
shall uncase and break, in not less than two places, ev- 
ery hogshead, or cask of tobacco, brought in to be in- 
spected, as aforesaid: and if he shall find the same to be 
good, well conditioned, merchantable and free from trash 
he shall then determine whether such tobacco is of the 
first or second quality, shall weigh the same in scales. Tobacco to be 
with weights of the lawful standard, and sha 1. stamp w®^?^^'^ 
or mark with a scoring iron, the liogshead or cask, '^"'^ ™^''^^d 
with the name of the owner, and of the person by 
%vhom raised, (if known,) the name o[ the wareliouse at 
which inspected, and also the tare of the hogshead or 
cask, the quantity of net tobacco therein contained, and 
whether tiie same is of first or second quality: he shall 
also issue a receipt for each hogshead of tobacco he 
shall pass, if requested by the owner, which receipt shall Receipts to be 

be in the following form to-wit: "■ At warehouse?^^^^" 

county of , this — day of received of ,F«^'» ^^^'^""^ 

— hogsheads of leaf or stemmed (as the case may 

be) tobacco, of the first or second quality, (as the case 
may be,) number, mark, and weight as follows: 




to be delivered to the said or ord^r, for 

exportation, when demanded. 

Witness my hand: — ." 

And no inspector shall presume to issue, under any 
pretence whatsoever, a receipt for tobacco, other than 
such as shall be printed, or written in a plain hand, and To be printed 
according to the above form, under the penalty of one or written 
hundred dollars, recoverable by any person who will sue 
for the same. 

Sec. 6. When any tobacco shall be refused by the To^j^jcco refo- 
inspector, the proprietor thereof shall be at liberty tosed 
separate the good from the bad for re-inspection, but if 
he refuse so to do, then it shall be the duty of the said 
inspector to weigh, prize, and cooper up the same, and ^^^^ disposed 
mark the gross weight on each cask, and take care of 
and deliver the same to the owner, for which the i: spec- 
tor shall receive one doll ir for every hogshead so (! liv- 
ered, in addition to the inspection fees hereinafter men- 



178 TOBACCO. 

tioned: and for the prevention of fraud, the inspector 
shall grant a manifest or certificate, for each hogshead 
of tobacco, so refused, coopered and delivered, speciiy- 
Iiig the weight of the same, and that the same had been 
inspected and refused: and if any person shall sell refu- 
sed tobacco, or manufacture the same without sucli man- 
3elUn?refas- ifest, he shall forfeit and pay the sum of fifty dollars for 
€cl tobacco every hogshead so sold or manufactured, one half to the 
person suing for the same, and the residue for the benefit 
of the county, in which the offence shall be committed: 
but it shallbelawaljl for any person having a hogshead of 
tobacco refused, to carry the same with the manifest to 
Transferring any other warehouse, and the inspector thereat, upon 
from one viewing the tobacco, if he esteem it of good quality, 
warehouse to ^^^^ destroying the manifest, he may grant a receipt, as is 
hereinbefore directed, or shall grant another manifest 
(for which one dollar shall be paid) expressing the review 
and that it was the second time refused, after which 
second refusal, theowner shall rot be permitted tocar- 
ry the tobacco to any other warehouse for re-inspection 
but m.ay either have the same picked, or sell the same 
as refused tobacco, accompanying it wiih the manifest. 
Fe«^5 to in- ^^^' ^' Every hogshead of tobacco inspected at any 

sjiectot of the warehouses established by virtue of this act, the 

planter or owner of the same shall pay to the inspector 
fifty cents, whether the same shall be passed or refused, 
and pay for every hogshead shipped from any of the 
vrarehouses aforesaid, the shipper, or exporter, when he 
demands the same for exportation, sliall pay the inspec- 
tor the further sum of one dollarin full for coopering and 
storage, for the fi.rst three months, and for each and every 
month, thereafter, the same remains in the warehouse, 
he shall be eiititlod to twenty-five cents, lo be paid w hen 
the tobacco is taken away; and the said inspector, out 
of the money arising from inspection and shipment of to- 
To owner of bacco, shall in the first instance pay to the ownier, of 
proprietor of the warehouse, seventy-five cents, for every 
hoLshead received thereat, as rent for said warehouse, 
, and shall retain the residue for his own compensation: — 
Provided, such compensation shall in no case exceed two 
hundred dollars per annum: and whenever the net pro- 
fits of any wareliouse shall exceed the sum necessary for 
paying the sums aforesaid, the surplus shall be paid into 
the county treasury, by the said inspector, for the bene- 
InsjTector to f^^ of the countv. And every inspector shall, once a year, 
com. court ^^ *^^^ March term of the county commissioners' court of 
his county, return to the said county commissioners' 



TOBACCO^ 



170 



tourt a statement of the number of hogsheads of tobacco 
received at his warehouse during tlie year, the number 
passed, and the number rcCused, and the number deliv- 
ered for ex]>or1alion; aid shall account to said county 
commissioners' court for all moneys received by virtue 
of his office, and all disbursements made; and if any in- 
spector, or keeper of a warehouse, shall make a false re- 
turn, he shall be liable to indictment, and on conviction 
shall pay a tine double the amount so kept back, and not 
accounted for, to go to the use of the county. 

Sec. 8. Every inspector shall store away and secure ev- oiiie;ence re- 
cry hogshead of tobacco, which he shall have inspected quired of in- 
during the day, and shall, in case of negligence, be lia-^P^^*^'^ 
ble to the action of the proprietor of such tobacco, for 
all damages accruing thereto, by reason of such negli- 
gence. 

Sec. 9. When any new inspector shall be appointed at Sticwfsors to 
any warehouse, such inspector shall, and he is hereby ""^^^^t'* *^ 
required, to give to the person wijom he shall succeed cessors 
in office, a leceipt under his hand, containing the num- 
bers, marks, gross, tare, and net weif,(ht of ail and every 
hogshead, or cask, of tobacco, which shall be then re- 
mainiiig at the warehouse at which be is appointed in- 
spector; with the delivery of wliich hogsheads, or casks, 
of tobacco, so remaiJiing, he shall thenceforth be charge- 
able and liable, but he shall in no wise be accountable 
for the loss of weight or quality of tobacco, contained in Loss of weight 
any hogshead, or cask, for whicli receipt was given by 
him, as aforesaid: and if any hogshead, or cask, of to- 
bacco, be hereafter received by any person whomsoever, 
and delivered out of any warehouse, for exportation by 
the inspector attending the same, such i-ispector, from the 
time of such delivery, shall be for ever disciiarged and 
acquitted from rij actions, costs and charges for, or by 
reason of the tobacco contained in any such hogshead, 
or cask, being unsound and unmerchantable, or of less 
quantity, or of dilTerent quality, from that specified in 
the receipt given for the same, any thing herein contain- 
ed to the contrary notwithstanding. 

Sec. 10. Inspectors of tobacco, at the several ware- 
houses in this state, shall immediately on the delivery of„"^!g^receip 
every hogshead, or cask of tobacco, at the warehouse 
whereof they are respectively inspectors, give a receipt 
for such tobacco, if required by the proprietor, or the 
person bringing the same to the said warehouse, express- 
ing therein that the same is for uninspe( ted tobacco: ev- 
ery inspector refusing so to do, shall forfeit and pay to 



to 
receipts 



ISO TOBACCO, 

the owner of said tobacco five dollars; provided^ such de- 
livery is made during the lime inspectors are compelled 
to attend tlieir warehouses. 

Lost receipts Sec. 11. If any inspector's receipt sliall he casually 
lost, mislaid or destroyed, the person^ or persons, entitled 
to receive the tobacco, by virtue of ariv such re( eipt, shall 
m-ike oath before some justice of tlie peace of the county 
where the same is payable, to the number and date of 
such receipt, to whom and where payable, and for what 
quality of tobacco tlie same was given, and that such re- 
ceipt is lost, mislaid, or destroyed, and that he, she, or 
ihey, at the time such receipt was lost, mislaid or des- 
troyed, was lawfully entitled to receive the tobacco 

„ .. therein mentior;ed,and j*hall take a certificate thereof from 

owsuppi g^^.{^ justice, and shall advertise the loss of such re- 
ceipt at the court house of the county in which such in- 
spection may be, on the court day, and at the inspection 
where the tobacco was bought, for four weeks success- 
ively, and shall moreover give bond, with sufficient se- 
curiiy to indtmnify the inspector from loss by the claim 
of the person who may thereafter produce the original 
receipt, within twelve months after tise notice given of 
the loss thereof; whereupon the inspector shall grant a 
duplicate of the same receipt to the person or persons en- 
titled to receive the tobacco, by virtue of the original 
receipt, and not otherwise, which receipt shall be sign- 
ed as duplicate: the bond so taken shall be assignable 
by the inspector taking the same to the person produ- 
cing the original receipt, who may maintain an action of 
debt thereupon, and such assignment shall exonerate the 
inspector fiom any claim or demand against them, by 
virtue of the original receipt: Provided^ nevertheless, 
that if the principal and security should, at the time of 
taking such bond, be insufficient, then, ^a that case, the 
inspector shall be responsible for the v:»lue of t'ne tobac- 
co to the person producing such original receipt; and if 
any person shall be convicted of making a false oath, or 
procuring a false certificate, in the case aforesaid, such 
• person shall suffiir as in cases of wilful and corrupt per- 
j«ry. 

Entry of ggc, ] 2, Every inspector shall carefully enter in a 

bers &c""°^* ^^^^9 ^^ ^^ ke^ii for that purpose, the marks, numbers, 
gross, tare, and net weight of all tobacco, viewed and 
stamped by theip, as herein before directed, and on what 
vessel, or boat, the sa iie shall have been shipped ; and 
shall also, with every vessel, or boat load of tobacco, send 
a list of the numbers, marks, gross, tare, and net weight 



TOBACCO. 



181 



of every hogshead, or cask of tohacco then delivered, to 
be given to the master of the boat, or vessel, in which the 
same shall be shipped. 

Sec. 13. All stemmed tobacco not laid straight, ^vhe- Lawful and 
iher the same be packed loose, or in bundles, shall be unlawful to- 
accounted unlawful tobacco, and no tobacco packed jfj bacco, what: 
hogsheads which exceed fifty-four inches in the length 
of the stave, or thirty-six inches at the head, within the 
crov'^ making reasonable allowance for prizing (which al-^ 
lowance shall not exceed two inches above the guage) 
in the prisins^ head, and which shall be bound with eight 
hoops, shall be passed, or received, but the owner of such 
tobacco, packed in hogsheads, or casks, of greater di- 
mensions than above expressed, shall be obliged to re- 
pack the same, in sizeable casks, before the same shall 
be passed or stamped by the inspector, nor shall any 
hogshead be so passed or stamped, unless the net weight 
thereof shall be at least eight hundred pounds. 

Sec. 14. Any inspector who shall alter, change, or de- ^, , i^ 

liver out, any hogshead of tobacco, other than the one for delivered 
which the receipt to be taken in was given, shall forfeit 
a';d pay one hundred dollars for every hogshead so alter- 
ed, changed, or delivered out; and if any inspector shall 
fail or refuse to deliver any hogshead of tobacco, when 
the same shall be demanded for exportation, or shall de- 
liver such tobacco without an order fVom the owner 
thereof, he sfiall in cit'ier case forfeit to the owner dou- 
ble the value of the tobacco which he shall so refuse to 
deliver, or deliver wrongfully. 

Sec. 15. Any inspector w4io shall take, accept, or re- 
ceive, directly, or indirectly, any gratuity, fee, or reward, u^-u^/f 
for any thing so done, in pursuance of this act, other 
than tlie payments and allownces herein before mention- 
ed and expressed, upon being convicted thereof, shall 
forfeit and pay the sum of one hundred dollars, to be re- 
covered, with costs, to the use of the county wherein the 
offence shall have been committed, and shall, moreover, 
be removed from ofiice: and if any person shall otfer any For offering; 
bribe to any inspector, for any thing by him to be done 
in pursuance of this act, other than the payments and al- 
lowances herein before mentioned and expressed, such 
person so offending, upon being thereof convicted, shall 
forfeit and pay one hundred dollars, for the use of the 
county wherein the olli^nce siiall have been committed. 

Sec 16. Any person who shall alter or change the face For^in^ note, 
of a note, for passed or refused tobacco, or who shall '"^ceipt, |" 
niter oi- cause the stamps or marks on any hogsliead of ^ ^°^^' " 



1 82 TOBACCO. 

inspected tobacco, whether passed or refused, shall he 

deemed guilty of forgery, and punished as in other cases 

of forgery. 

Frizetobe Sec. 17. Any person who shall erect a warehouse in 

erected pursuance of this act, sliall, in addition to the requisitions 

herein before mentioned, be required to erect a strong 

n^'^cied^'^^^ and sufficient prize within the same, and also to provide 

" a pair of strong scales, or patent balances, and correct 

weights, to way at least fifteen hundred pounds. 
Commissioner ^^c. 18. Tiie county commissioners' court of counties 
r»f warehouses wherein one or more warehouses shall be erected, shall, 
at the term whereat the appointment of inspector is made 
appoint a discreet householder, of ability and integrity, 
to act as commissioner of warehouses, for one year, whose 
His doty duty it shall be to see that the warehouses in his county 
are kept in good repair, that proper scales and weights 
are provided, kept in repair, examined and compared 
with the standard weights of the county, once in six 
months, at least, to visit every warehoqse in his county, 
and see that the tobacco therein is properly stowed away 
and secured, and that the inspectors diligently discharge 
their duties: and if he shall discover, in any inspector, 
To report de» ^^}' negligence or breach of his duty, he shall report the 
iinquentm- same to the county commissioners' court at the next 
snectors term thereof; whereupon said inspector sliall be proceed- 

ed against according to law ; and the commissioner so ap- 
Iliscorapeft- pointed shall be allowed two dollars for every day he 
sation shFill be necessarily employed in petorming the duties 

prescribed by this act, to be paid out of the county trea- 
sury: Provided, that such compensation shall not exceed 
thirty dollars in one year. 
Inspectors ex- ^^^* ^^' '^^^^ inspectors of tobacco under this act 
empted from shall be, and they are hereby exempted from militia du- 
miiitia duty, ty, except in case of actual invasion and insurrection, and 
al.^o from serving on juries. 

Sec. 20. All penalties and forfeitures in this act con- 
iuoae oi re- tained, the mode of recovery and application of which 

covennsT j r r 

penalties ^re not specially set forth, shall bo recovered by action 
of debt at the suit of the county treasurer, and shall be 
applied to lessening the county tax. 

Sec. 21. If before the erection of a public ware- 
Private ware- ^^ouse in any county, the quantity of tobacco raised or 
houses and in- brought therein shall, in the opinion of4he county com- 
speetors missioners' court, require the appointment of one or more 

inspectors, the same shall be appointed, and when ap- 
pointed may proceed to examine and inspect any tobac- 
co which may be lodged in any private warehouse, and 



TO^VCOO. 



183 



sliallpassor refuse the sanrit', and d'^ all other act-i t^hat 
are required by t.uH tcf^, in case ofinspcctiorj it* piblic 
wareiiouses, ana sacii inspection shall i)e to all iiUents 
and purposes 1 c^al. Tiie owner of such private ware- Tobacco not 
house shall not salfer any tobacco to be removed after in- to be remov- 
spection, u iless oy order of the inspector, who shall have ^^' unless, &c 
as com^jiele control over the same as if it were stored in 
a pi;: lie warehouse, and shall be responsible in the same 
mariner ta the owner thereof; and any proprietor or 
owner of a private warehouse, in which tobacco has been 
inspected and stored, who shall deliver or suffer the same 
to be removed without an order from the inspector, as 
aforesaid, shall forfeit doable the value of the tobacco 
so delivered or suffered to be removed, to be aecovered 
by the inspector for the benefit of the owner of such to- 
bacco; Providedr that there shall be no tobacco inspect- 
ed in a private warehouse, where there is a public one ^"^^^'^ 
erected in the same county, and prepared for the recep- 
tion and inspection of tobacco: Provided^ also, that it 
shall be lawful for any citizen of this state, w^ho wishes 
to export tobacco without inspection, to do so, any law 
to the contrary notwithstanding. 

Sec. 22. If the owner of any tobacco, deposited in Owners not 
any warehouse, shi.ll suffer the same to remain there for removing to- 
a longer time than two years, without paying the fees ^^^^ 
for storage and keeping the same, it shall and may 
be lawful for the inspector, or keeper of the warehouse, rp^ ^^ advef- 
to advertise the same, either in some newspaper, the tised 
nearest printed in the state, or by setting up six adver- 
tisements in writing in the most public places in the And sold 
county, for six weeks previous, fairly to expose and sell 
the same for the best price that can lie had in cash, and Costs and fees 
the overplus, if any, after paying all fees and costs, to be "^^^ 
returned totNe owner, if called fer within five years from Balance re- 
the day of sale; if not called for, the same to go to the tnme.i to the 
county : and if any person shall suffer any property, other ownen 
than tobacco to remain in any warehouse established un- 
d:: r this act, or any public or private warehouse now estab- , ^ rema'imn^' 
lisiied, or which may h^reai^er be established, for a loo- more than fit- 
ger term of time, than fifteen months, from the time of teen months 
depositing the same, without paying the fees for storage, "^'^^ ^^ ^^^^ 
the k'^'.eper, or irspector, may, in like maimer, advertise 
and sell the same, for what the same will bring in cash; 
and he surplus, if any, tol^e paid over 1(3 the owner, or 
county, a^ above statf^d. This act to be in force, from 
?ind a»ter the passage th'^reof. 

[^^roi>€(/, »/am*Gr^' 12, 1829.} 



'194 



TOWN PLATS. 



TN FORCE, 

JAN. 4, 1825. 

The proDrie- 
tors of towns 
to cause a 
plat thereof to 
be recorded 



DonationiT&c 
how consider- 
ed as a war- 
ranty 



Plats to be 
acknowledg. 
ed be (ore a 
judge &c 



AN ACT TO PROVIDE FOR THE REC0RDI^G OP TOWN PL.KTi, 

Sec. 1. Be it enacted by the people of the state of Illi" 
ois, represented in the General Assembly^ That the county 
commissioners of any county, or any other person or 
persons, his, her, or their legal representatives, who may 
hereafter lay off any town, addition or subdivision, of 
out lots, within this state, shall previous to tlie sale of any 
lots therein, cause to be recorded in the recorder's office 
of the county whereiu the same may lie, or be laid off, a 
correct 'und true plat of said town, addition, or subdivi- 
sion,with the public ground, (if any there be,) streets and 
alleys, with their respective names and widths properly 
marked, and the lots regularly numbered in numerical 
order, and the size of the lots marked by reference to 
the plat of said town, addition or subdivision. 

Sec. 2. That every donation or grant to the public 
or any individual or individuals, religious society or so- 
cieties, or to any corporation or bodies politic, marked 
or noted as such, on such plat, wheroin any donation or 
grant may have been made, shall be considered to all in- 
tents and purposes, as a general warranty against such 
donor or donors, their heirs and representatives, to the 
said donee or donees, grantee or grantees, for his, her or 
their use, for the purposes intended by the donoror do- 
nors, grantor or grantois aforesaid. 

Sec 3c That the county commissioners, and every 
person or persons whose du*^y it may be to comply with 
the foregoi?>g requisitions, shall at or before the time of 
offerii'g such plat or other paper or papers for record, 
acknowledge the same before a justice of the supreme 
court, justice of a circuit court, or a justice of the peace 
in the county where the land lies, a certificate of such 
acknowledgment shall be (by the officer iakingthe same) 
endorsed on such plat or other paper, and recorded 
therewith, and ft>rm a part of snid record. 

Sec. 4. That v^^here any town, addition or #ubdvisiou 
of outlets, have heretofore been laid out and lots sold, in 
this sta-e, Either by county agents, commissioners, or 
oiher persons, and a plat of the same has not been ac- 
kr:ow!eds;ed and recorded as contemplated in this act, 
it shall be the duty, ai.d it is hereby required of the pre- 
sent co^itv coTTipvs^iojx^rs, or a majority of I'lem, in 
such couiitvjor other person or persons, who have laic) 



TRESPASSING. 



185 



out the same, or his, her, or their legal representatives, 

to have the same fairly, ifully and clearly made out, ac-^'atstobe re- 

knowledged and recorded, in the proper county where before the Tst 

the land lies, on or before the first day of August next: of August 

and if any county commissioner or commissioners, x>t 

other person or persons, whose duty it is to comply with 

the requisitions of this act, who shall neglect or refuse so 

to do, he or they shall forfeit and pay the sum of one For failure 

hundred dollars for each and every month he or they shall forfeit 

shall delay a compliance: to be recovered by action of' 

debt, in the name of the treasurer of the proper county, 

with costs, to be for the use and go towards supporting 

a school or schools, as the case may be, in said town ; and 

if there should not be any in or near the place, the same 

is to remain in the treasury until there be a school : Pro- Proviso 

vided, that this act shall not be construed to compel any 

commissioners, agents, or other persons to have any town 

plat recorded, which has been laid off where the whole 

of the lots sold have reverted back, or which may be 

again wholly vested in the original proprietors, before 

the first day of August next. This act to take efiect and 

be in force from and after its passage. 

[Approved^ January 4, 1825.] 



TRESPASSING. 

AN ACT TO PREVENT TRESPASSING, BY CUTTING TIMBER. IN FORCE 

Sec. 1. Be it enacted by the People of the Stale qf^^^' ' 
Illinois^ represented in the General Assembly^ and it is here- 
by enacted by the authority of the same^ That every person 
who shall cut, fell, box, bore or destroy, or carry away 
any black walnut, black, white, yellow or red oak, white 
wood, poplar, wild cherry, blue ash, yellow or black lo- 
cust,' chesnut, coffee or sugar tree, or sapling, standing 
or growing upon land belonging to any other person or 
persons, without having first obtained permission so to 
do, froni the owner or owners of such lands, shall forfeit 
and pay for such tree or sapling, so cut, felled^ boxed;, 

S 



■;*# 



V 



186 TRESPASSING. 

bored or destroyed, the sum of eight dollars; and every 
person who shall cut, (eW, box, bore or destroy any tree 
or snpVing not herein above named and enumerated, 
standing or growing upon land belonging to any other 
person or persons, without permission as aforesaid, shall 
forfeit and pay for every such tree or sapling, so cut, 
felled, boxed, bored or destroyed, the sum of three 
dollars. 

Sec. 2. That the penalties herein above provided, 
shall be recoverable, with costs of suit, either by action 
of debt, in the name, and for the use of the owner or 
owners of the land, or by action qui tam, in the name 
of any person who will first sue for and recover the 
same; the one half for the use of the person so suing, 
and the other half for the use of the owner or owners 
of the land : Provided ahvoys., that if in any action that 
may be instituted by , virtue of the proyisions herein 
contained, before a justice of the peace, the defendant 
shall set up a title to the land on which the tree or trees 
are alleged to have been cut, fejled, boxed, bored or 
destroyed, and shall forthwith give good and sufficient 
security to prosecute his claim or title to the said land 
to effect, within one year, or to appear and defend an 
action to be instituted against him within one year, by 
virtue of the provisions herein contained, in any court 
of record within the state, having cognizance thereof; 
and in either case to abide by, and satisfy the judgment 
that may be given in such court ; then the said justice shall 
proceed no fiirther in the said cause, but shall forthwith 
dismiss the parties, and it shall be the duty of the said 
justice thereupon, to tax the bill of costs that may have 
accrued before him; and so soon as the action shall be 
renewed or instituted for the purpose aforesaid, to trans- 
mit the said bill, together with the recognizance to be 
taken as aforesaid, to the clerk of the court in which 
such action shall be instituted or renewed; which costs, 
so tased and transmitted, shall be made a part of the 
judgment, to be rendered as aforesaid. 

Sec. 3. That if the said recognizance shall be for- 
feited for not prosecuting as aforesaid, the justice shall 
proceed to enter judgment against the defendant, for 
the demand of the plaintiff, which shall be taken to be 
coi^fessed, and execution shall thereupon issue against 
the said defendant and his security or securitieF; and if 
the said recognizance shall be forfeited, for not appear- 
ing and defending, or not abiding by, and satisfying the 
judgment that shall be given in the court above, the 



TRESPASSING. Ib>V 

parly for whose benefit such recognizance was taken, 
may, by a writ or writs of scire facias, proceed to judg- 
ment and execution thereon. 

Sec 4. That if any person or persons, shall, after 
the passing of this act, under pretence of any lease 
or otherwise, cut, fell, box, bore or destroy any black 
walnut, black, white, yellow or red oak, white woodj 
poplar, wild cherry, blue ash, yellow or black locust, 
chesnut^ coffee or sugar tree, or sapling, standing or 
growing upon any lands within the state, reserved, ap- 
propriated or intended for the use and stipport of schools^ 
or for the use and support of religion; such person or 
persons shall forfeit and pay, for every such tree or sap- 
ling so cut, felled, boxed, bored or destroyed, the sum of 
eight dollars; and if any person or persons, shall cut, 
fell, box or bore or destroy any other tree or sapling, 
not herein above named, and enumerated, standing or 
growing upon any lands within the state, reserved^ ap- 
propriated or intended for the use aforesaid, such person 
or persons shall forfeit and pay for every such tree ot 
sapling, so cut, felled, boxed, bored or destroyed, the sum 
of three dollars* 

Sec. 5. That the penalties provided in the |)rece- 
ding section of this act, shall, and may be recorered 
with costs of suit, either by action of debt, brought by, 
and in the name or names of the overseer or overseers 
of the poor, of the township in which such tree or sap- 
ling, shall have been cut, felled, boxed, bored or des- 
troyed, as aforesaid, for the use of the poor of the coun- 
ty, or by action qui tam, in the name of any other per- 
son, who will first sue for and recover the same; the one 
half for the person so suing and recovering, and the 
other half for the use of the poor of the county in which 
such tree or sapling shall have been cut, felled, boxed 
or bored, or destroyed; and it shall be the duty of the 
overseers of the poor, on complaint made to him or them, 
against any person who may have cut, felled, boxed^ 
bored or destroyed, any tree or sapling, standing or 
growing upon any lands reserved for the uses aforesaid, 
within liis or their township, or upon his or their view or 
knowledge of such trespass, forthwith to institute an 
action against the trespasser for the purpose aforesaid, 
unless an action qui tam shall have been previously insti- 
tuted for the said trespass, in the name of some other per- 
son, according to the provisions herein contained; and 
-the said overseer or overseers, in the settlement of his 
or their accounts, shall be allowed a reasonable credit, 
for the trouble and expense of such prosecution. 



188 VANBALIA* 

Sec. 6. That no part of the said recited act, shall 
be so construed as to effect such inhabitants in the said 
jstate, who may have settled on lands by mistake, or the 
owner or owners of which are unknown to them, so far 
as the said act relates to the penalties herein specified. 

[Approved, February 27, 181 9. J 



tANDALtA. 



'Mj^ 



in fobcie "^^ •^^'^ '^^ authorize the attditor op public accounts to selt 
Jaw. 2!2, 1829. lots in the town of vakdaija, and for other purposes. 

Sec. 1 . Be it enacted by the people of the state of Illi- 
nois, represented in the General Assembly, That all the 
.More time al- benefits of an "act for the relief of purchasers of town 
chaseVoHotslots in VandaUa," approved, February 14,. 1827, be ex- 
tended to all persons who are indebted to the state for 
Lots not paid ^^ ^^ outlots, until the first day of August next: and all 
for by Aug. to lots, upon which full pajTnent may not be made, on or 
before that day, shall be declared forfeited to the state; 
and the auditor shall, as soon as may be, cause all such 
lots to be re-valued by three disinterested freeholders 
and sold in the manner provided for by law. 

Sec. 2. The auditor of public accounts shall, on or 
before the first of May next, or as soon thereafter as may 
be, cause the remaining parts of the land, granted to 
the state for the benefit of the seat of government, to 
be surveyed into twelve acre lots, corresponding, as 
near as may be, with the plat of the in and out lots of 
the town of Vandalia, on record in the auditor's office. 
So soon as said survey shall be completed and returned 
to the auditor, he shall cause all such lots to be valued 
in the manner provided for by the first section of this 
act; and after the valuation shall be made and filed in 
the auditor's office, the auditor shall give public notice 
that he will, on a certain day, to be fixed upon by him, 
offer all the lots so valued, to the best bidder, for prompt 
payment: Provided, that the auditor shall, in no case, 
sell lots for a less price than the value assessed. 



be sold 



Other lots to 
be laid off 



And valued 



And sold 



VANDALIA. 



189 



Sec. 3. All the out-lots which may hereafter be sur- Out lots may 
veyed and offered for sale, as provided for in the second b*^ entered 
section of this act, and remain unsold, may be entered ^'j. * ^^^"*' 
at the auditor's office, in the manner provided for by the 
" act for the relief of the purchasers of town lots in \ 

Vandalia," approved, February 14, 1827. 

Sec. 4. Judgments against the state, for Perry ville Perry villa 
lots, shall be received at the same rate as state paper, J^^S^^^'^^^ 
in payment for lots in Vandalia, heretofore sold, or here- 
after to be sold. 

Sec. 5. Any person who was the lawful owner, at 
the time of its forfeiture, of any in-lot or out-lot, in the Lots forfeited 
town of Vandalia, upon which at least one-tenth part of ^^^ redeem- 
the purchase money has been paid, and who is desirous 
of retaining such lot, may file his declaration to that 
eJSfect, at any time before the first ddj of May next, in 
the office of the auditor of public accounts, who shall 
thereupon cause the same to be valued according to the 
provisions of an act entitled ^'an act for the relief of pur-" 
chasers of town lots in the toww of Vandalia," approved, 
February 14, 1827*, and whatever payments have been 
made heretofore on such lot, shall be credited to such 
applicant in the purchase thereof. Every such appli- 
cant shall pay the auditor one dollar, as his compensa- 
tion for causing such lot to be valued. 

Sec. 6. All persons who have been securities for Securities re- 
purchasers of Vandalia lots, sold by the commissioners l^^^^ 
appointed to locate the seat of government, are hereby 
released from any liabilities on account of such securi- 
tyship. 

Sec. 7. The auditor shall cause the north half of Public square 
the public square, in the town of Vandalia, to be laid ^ 

off into in-lots of fifty feet eight inches, frontmg on the 
public square, by one hundred and sixty feet deep, so as 
to make six lots fronting on the public square; and the 
same number of lots to be laid off north of the lots front- 
ing on the public square; and he shall cause the same to 
be valued and sold, in the manner provided by law for 
the valuation and sale of other lots in said town. 

Sec. 8. All the actual expenses of said surveying, ^ ^^^ ^ ^^^ 
and effecting the sale of lots, shall be paid out of the surveying 
fund arising from the sale of the lots so surveyed, upon 
the warrant of the auditor. 

This act to take effect from its passage. 

[.ipproved^ January 22, 1 829.] 
S* 



190 



IVEIGIITS AND MEASURES. 



In force, 

MARCH 22, 
1819. 



A.« ACT REGULATING WEIGHTS AND MEASURES. 

Sec. t. Be it enacted hy the people of the state of Illi- 
nois^ represented in the General Assembly^ That it shall 
be the duty of the county commissioners, in each and 
every county within this state, as soon as practicable 
after they are qualified to office, to procure, at the ex- 
pense of their respective counties, one measure of one 
foot, or twelve inches, English measure, so called; also, 
one measure of three feet, or thirty-six inches, English 
measure as aforesaid; also, one gallon, liquid or wine 
measure, which shall contain two hundred and thirty- 
one cubic inches; one measure that shall contain one- 
fourth part; one measure that shall contain one-eighth 
part; one measure that shall contain one-sixteenth part 
of the aforesaid liquid gallon, denominated quart, pint 
and gill, each of which shall be made of some proper 
and durable metal; also, one half bushel measure for 
dry measure, which shall contain eighteen quarts, one 
pint and one gill, of the above liquid or wine measure, 
the solid contents of which, is equal to one thousand 
and seventy -five cubic inches, and fifty-nine hundredths 
of a cubic inch ; likewise, one measure that shall con- 
tain one-fourth part of the aforesaid half bushel, or one 
gallon dry measure, which said half bushel and its 
fourth, shall be made of copper or brass; also, a set of 
weights of one pound, one half pound, one fourth 
pound, one eighth pound, and one sixteenth pound, 
made of brass or iron; the integer of which, shall be 
denominated one pound avoirdupois, and shall be equal 
in weight to seven thousand and twenty grains, troy or 
gold weight: which measures and weights shall be kept 
by the clerk of the county commissioners for the pur- 
pose of trying and sealing the measures and weights 
used in their counties, for which purpose the said sev- 
eral clerks shall be provided with a suitable seal or seals, 
w4th the name or initials of their respective counties in- 
scribed thereon. 

Sec. 2. That as soon as the county commissioners 
shall have furnished the measures and weights as afore- 
said, they shall cause notice thereof to be given at the 
court house door, one month in succession immediately 
thereafter; and any person thereafter, who shall know- 
ingly buy or sell any commodity whatsoever, by meas- 
ures or weights in their possession, which shall not cor- 



WILLS, TESTAMENTS, &C. 

respond with the county measures and weights, shall, 
for every such offence, being legally convicted thereof, 
forfeit and pay the sum of twenty dollars, for the use of 
the county where such offence shall have been commit- 
ted, and costs of suit, to be recovered before any justice 
of the peace of said county. Every person desirous of 
having their measures and weights tried by the county 
standard, shall apply to the clerk of the county commis- 
sioners, and if he find it correspond with the county 
standard, shall seal the same with the seal provided for 
that purpose; and said clerk is allowed to demand and 
receive such fees as now are, or hereafter may be allow- 
ed by law. 

This act to be in force from and after its passage. 

[Approved, March 22, 1819.] 



191 



WILLS, TESTAMENTS, &C. 

AN ACT RELATIVE TO WILLS AND TESTAMENTS, EXECUTORS AND j^ FORCE. " 
ADMINISTRATORS, AND TPE SETTLEMENT OF ESTATES. JULY I, I829v 

Sec. 1. Be it enacted hy the people of the state of Illi- 
nois^ represented in the General Assembly^ That every 
person aged twenty one years if a male, or eighteen 
years if a female, or upwards, and not married, being of 
sound mind and memory, shall have power to devise all 
the estate, right, title and interest, in possession, rever- vvho may 
sion, or remainder, which he or she hath, or at the time make a will 
of his or her death shall have, of, in, and to any lands, 
tenements, hereditaments, annuities, or rents, charged 
upon, or issuing out of them; or goods and chattels, and 
personal estate of every description whatsoever, by will 
or testament: all persons of the age of seventeen years, 
and of sound mind and memory, married women except- 
ed, shall have power to dispose of their personal estate, 
by will or testament: and married women shall have 
power to dispose of their separate estate, both real and 
personal, by will or testament, in the same manner as 
other persons. 



192 



WItLS, TESTAMENTS, &C% 



attested 



Proviso a- 
gaiiist fraud 



To be reduced Sec. 2. All wills, testaments and codicils, by whicfit 
^JlZlli)?^^^^ ^^y lands, tenements, hereditaments, annuities, rents,or 
goods and chattels, are devised, shall be reduced to 
writing, and signed by the testator, or testatrix; or by 
^ome person in his or her presence, and by his or her di- 
rection; and attested in the presence of the testator or 
testatrix, by two or more credible witnesses; two of 
whom, declaring on oath or affirmation, before the court 
of probate for the proper county ; that they were present 
and ^aw the testatoror testatrix, sign said will, testament 
or codicil, in their presenos; or acknowledged the same 
to be his or her act and deed ; and that they believed 
the testator or testatrix, to be of sound mind and mem- 
ory, at the time of signing or acknowledging the same; 
shall be sutHcient proof of the execution of said will, 
testament or codicil, to admit the same to record: Provi- 
ded^ That no proof of fraud, compulsion, or other im- 
proper conduct be exhibited, which, i« the opinion of 
the court of probate, shall be deemed sufficient to inval- 
idate or destroy l.he same; and every will, testament, or 
codicil, when thus proven to the satisfaction of the 
to De^re-^^^y^|. ^^ probate, shall be recorded by the judge there- 
of, in a book to be provided by him for that purpose; 
and shall be good and available in law, for the granting, 
conveying, and assuring the lands, tenements and hered- 
itaments, annuities, rents, goods and chattels therein, , 
and thereby given, granted and bequeathed. 

Sec. 3. It shall be the duty of each and every witness 
to any will, testament or codicil, made and executed in 
this state as aforesaid, to be, and appear before the court 
of probate, on the regular day for the probate of such 
will, testament, or codicil, to testify of, and concerning 
Failing to do the execution and validity of the same; and the said 

pun^9h*bv™ne^^"^^^^ P^^'^^^^ ^^^^^^ have power and authority to at- 
and imprison- tach, and punish b) fine, and impi'isonment, or either, any 
witness who shall, without a reasonable excuse, fail to 
appear when duly summoned for the purpose aforesaid: 
Provided^ The said punishment by imprisonment shall 
in no case exceed the space of twenty days; nor shall a 
greater fine be assessed for any such default, than the 
sum of fifty dollars. 

Sec, 4 When any will, testament or codicil shall be 
produced to the court of probate, for probate of the 
same, and any witness attesting such will, testament or 
codicil, shall reside without the limits of this slate, it 
shall be lawful for t'^.e judge of probate to issue a dedi- 
mus potesiatem, or commission, annexed to such will, tes- 



corded in 
court of pro 
bate 



Witnesses to 
appear 



meut 



Witness resi«. 
ding out of 
the state, 
court may 
issue a dedi- 
aius 



Wir.LS, TESTAMENTS, &C. 



195 



lament or codicil, riirected to some judge, justice of the 
peace, mayor, or other chief magistrate of the citj, 
town, corporation, or county, where such witness may be « 

found, authorizing the taking and certifying of his or ^ 

her attestation in due form of law. And if the person 
to whom any such commission shall be directed, shall * 
certify, in the manner that such acts are usually authen- 
ticated, that the witness personally appeared before 
him, and made oath, or affirmation, that the testator or ' 

testatrix signed and published the writing annexed to 
such commission, as his or her last will and testament; 
or that some other person signed it by his or her direc- 
' tion; that he or she was of sound mind or memory; and 
that he or she subscribed his or her name as a witness 
thereto, in the presence of the testator or testatrix, and 
at his or her request; such oath or afiirmation shall have 
the same operation, and the will shall be admitted to pro- 
bate in like manner as if such oath or affirmation had 
been made in the court of probate from whence such 
commission issued. 

Sec. 5. When any wdll, testament or codicil shall be Will tobeadr 
exhibited in the court of probate, for probate thereof, as ^^l^ ^° ^"^^^ 
aforesaid, it shall be the duty of the court to receive 
probate of the same without delay; and to grant letters 
testamentary thereon to the person or persons entitled, 
and to do all other needful acts, to enable the parties 
concerned to make settlement of the estate, at as early 
a day as shall be consistent with the rights of the respect- 
ive persons interested therein: Provided ho7cever<f That if 
any person interested shall, within five years after the ?^^y, '^^.,9^^" 
probate of any such will, testament or codicil, in the five years 
court of probate as aforesaid, appear, and, by his or her 
bill in chancery, contests the validity of the same, an 
issue at law shall be made up, whether the writing pro- 
duced be the will of the testator, or testatrix, or not; 
which shall be tried by a jury in the circuit court of the 
copTity wherein such will, testament or codicil shall have 
been proven, and recorded as aforesaid, according to the 
practice in our courts of chancery in similar cases; but 
if no such person shall appear within the time aforesaid, 
the probate as aforesaid shall be forever binding and 
conclusive on all the parties concerned ^saving to infants, 
femes covert, persons absent from the state, or non com- 
pos mentis^ the like period after the removal of their 
respective disabilities. And in all such trials by jury, as 
aforesaid, the certificate of the oath of the witness, at 
the time of the first probate, shall be admitted as evi- 



194 



Hand writing 
of any decea- 
sed or abseijt 
witness ma^^ 
be proved 



|.^ Wills made 
o.^«iut of this 
^^ itate may be 

admitted to 

record 



Nuncupative 
•wills 



den6e, and to have such weight as the jury shall think i^ 
may deserve. 

Sec. 6. In all cases where any one or more of the 
witnesses to any will, testament or codicil, as aforesaid 
shall die or remove to some distnnt country, unknown 
to the parties concerned, so tliat his or her testimony 
cannot be procured, it shall be lawful for the judge of 
probate, or other court having jurisdiction of the sub-^ 
ject matter, to admit proof of the hand writing of any 
such deceased or absent w^itness as aforesaid, and such 
other secondary evidence as is admissible in courts of 
justice to establish written contracts, generally in simi- 
lar cases; and may thereupon proceed to record the 
same, as though such will, testament or codicil had been 
proved by such subscribing witness or witnesses, in his, 
her or their proper persons. 

Sec. 7. All wills, testaments and codicils^ or authen- 
ticated copies thereof, proven according to the laws of 
any of the United States, or the territories thereof, or of 
any country out of the limits of the United States^ and 
touching or concerning estates within this state accom- 
panied with a certificate of the proper officer or officers 
that said will, testament, codicil or copy tliereof, Was 
duly executed, and proved, agreeably to the laws and 
usages of that state or country, in which the same was 
executed, shall be recorded as aforesaid, and shall be 
good and available in law, in like manner as wills made 
and executed in this state. 

Sec. 8. A nuncupative Will shall be good and avail- 
able in lavr for the conveyance of personal property 
thereby bequeathed, if committed to writing within 
twenty days, and proven before the court of probate by 
two or more credible, disinterested witnesses, who were 
present at the speaking and publishing thereof, who shall 
declare on oath or affirmation, that they were present 
and heard Ihe testator pronounce the said words, and 
that they believed him to be of sound mind or memory; 
and that he or she did at the same time, desire the per- 
sons present, or some of them, to hear witness that such 
was his or her will, or words to that effect, and that such 
will was made in the time of the last sickness of the tes- 
tator or testatrix: and it being also proven by two dis- 
interested witnesses, other than those hereinbefore men- 
tioned, that the said will was committed to writing 
within ten days after the death of the testator or tes- 
tatrix; and no proof of fraud, compulsion, or other 
improper conduct be exhibited, which, in the opinion of 



WILLS, TESTAMENTS, &C. 195 

said court, shall be sufficient to invalidate or destroy the^^^" P^^T^" 
same; and all such wills when proven and authenticated tp^'i t^) be re- 
as aforesaid, shall be recorded by the judge of probate corded 
in like manner as other wills are directed to be record- ^°'^ letters 
ed by this act: Provided^ that no letters testamentary gra,jt'ed"a^fter 
shall be granted on such will until the expiration of sixty sixty days 
days after the death of the testator or testatrix. 

Sec, 9. In all cases where a nuncupative will shall 
be proved and recorded as aforesaid, the court of pro- citatior^ to 
l)ate shall issue a citation to tiie heirs and legal repre-be issued to 

sentatives of the testator or testatrix, if they reside in *^®. *^""^f.^* 

«/ residin"' in tne 

the county, if not, then said court shall cause an ad ver- county*; if 
tisement to be inserted in some one of th^ newspapers not to be no- 
printed in this state, notifying the said heirs and legal ^*^^^ ^^ ^^" 
representatives of the testator or testatrix, at what time ^ 

and place letters testamentary will be granted upon such 
will, requiring them and each of them, to appear and 
shew cause, if any they have, why such letters testamen- 
tary should not be granted: and if no sufficient cause 
be shown, letters shall be granted thereon as in other 
cases. 

Sec. 10. If any beneficial devise, legacy or interest, when a sub 
shall be made or given, in any will, testament or codicil, scribing wit- 
to any person subscribing such will, testament or codi-"^^*^^ ^ ^^*" 
cil, as a witness to the execution thereof, such devise, '^ 
legacy or interest shall, as to such subscribing witness, 
and all persons claiming under him, be null and void, 
unless such will, testament or codicil be otherwise duly 
attested by a sufficient number of witnesses exclusive of 
such person according to this act; and he or she shall be 
compellable to appearand give testimony on the residue 
of such will, testament or codicil, in like manner as if 
no such devise or bequest had been made. But if such 
witness would have been entitled to any share of the 
testator's estate, in case the will, testament^ or codicil 
was not established; then so much of such share shall be. 
saved to such witness as shall not exceed the value of 
the said devise or bequest made to him or her, as afore--* 
said. 

Sec. 11. In no case hereafter, within this state where if a person 
jRny testator or testatrix shall by his or her will appoint indebted to 
his or her debtor to be his or her executor or executrix, *^^ estate be 
shall such appointment operate as a release or extinguish- such appoint- 
ment of any debtdne from such executor orexecutrix, to ment not to 
such testator or testatrix; unless the testator or testatrix ^Pf""^^^ ^^ ^ 
shall, in such will, expressly declare his or her intention 
to deyrse, bequeath, or release such debt^ nor even in 



I( 196 WILLS, TESTAMENTS, &C. 

that case, unless the estate of such testator or testatrix 
is sufficient to discharge the whole of his or her just 
1 debts, over and above the debt due from such executor 

! or executrix. 

Sec. 12. If after making a last will and testament, 
Children born a child, or children, shall be horn to an} testator or tes- 
made^^ ^^ tatrix, and no provision be made in such will for such 
child or children, the will shall not on that account be 
revoked ; but unless it shall appear by such will, that it 
was the intention of the testator or testatrix, to disinher- 
it such child, or children, the devises and legacies by 
such will granted and given, shall be abated in equal 
proportions, to raise a portion for such chil J or children, 
equal to that which such child or children would have 
been entitled to receive out of the estate of such testa- 
tor or testatrix, if he or she had died intestate. 
Devisee orle- ^^^* ' ^* Whenever a devisee, or legatee, in any last 
gatee dying will and testament, being a child, or grand-child of the 
before testa- testator or testatrix, shall die before^^ch testator or tes- 
^^^ tatrix, and no provision shall be made for such contin- 

gency, the issue, if any there be, of such devisee or leg- 
atee, shall take the estate devised or bequeathed, as the 
devisee or legatee would have don|e, had he or she sur-^ 
vived the testator or testatrix; and if there be no such 
issue at the time of the death of such testator or testa- 
trix, the estate disposed of by such devise or legacy shall 
be considered, and treated, in all respects, as intestate 
estate. 

Sec. 14. ^so will, testament or codicil shall be revok- 
niaybe revo-*^^ otherwise than by burning, cancelling, tearing or ob- 
ked literating the same by the testator himself, or in his pre- 

sence, by his di rection and consent ; or by some other will, 
testament or codicil in writing declaring the same, sign- 
ed by the testator or testatrix, in the presence of two or 
j more witnesses, and by them attested in his or her pres- 

' ence: And no words spoken shall revoke or annul any 

! will, testament or codicil in writing, executed as afore- 

( said, in due form of law. 

-. '^Y^- Sec. 15. The courts of probate in each county in this 

of courts of state shall have jurisdiction and authority to hear and 
probate determine all causes, matters and controversies testa- 

mentary, which shall be brought before them, touching 
the proof of wills, testaments and codicils ; and may grant 
probate thereof; and shall hear and determine the right 
of administration of estates of persons dying intestate; 
and to do all other things touching the granting of letters, 
testamentary, and of administration, and the settlement 



\ 



t\ 



WILLS, TESTAxlIENTS, &€. 197 

Sec. 1 G. All originals wills, after probate thereof, shall J^ j^'^^''.^*^^^ 
be recorded, and remain in the office of the judge of pro- ^iljg to he 
bate of the proper county; and authenticated copies admitted as 
thereof, certified under the hand and seal of the said ^^'^^^"^^^ 
judge, shall be admitted as evidence in any court of law or 
equity in this state. 

Sec. 17. If any testator or testatrix shall have a man- In whatcoun- 
sion house, or known place of residence, his or her will h^ to be prov- 
shall be proved in the court of probate of the county • 
wherein such mansion house or place of residence shall 
be: if he or she has no place of residence, and lands be 
devised in his or her will, it shall be proved in the court 
of probate of the county wherein the lands lie, or in one 
of them, where there shall be lands in several different 
counties; and if he or she have no such known place of 
residence, and there be no lands devised in such will, the 
same may be proved either in the county where the tes- 
tator or testatrix shall have died, or that wherein his or 
her estate, or the greater part thereof, shall lie. 

Sec. 1 8. Any person or persons, who may have in his 
or her possession, any last will or testament of another for 
safe keeping, or otherwise, shall immediately upon the 
death of the testator or testatrix, deliver up the said will 
to the court of probate of the proper county, and upon a 
failure or refusal so to do, the court of probate may issue C^ourt majr 
attachments, and compel the production of the same; and ductioa of 
the person or persons thus withholding any such will, \yili 
testament or codicil as aforesaid, shall forfeit and pay 
twenty dollars per month from the time the same shall 
be thus wrongfully v, ithheld, to be recovered by action 
of debt, for the use of the estate, by any person who will 
sue for the same, in any court having jurisdiction there- 
of: and if any person to wliom a will, testament or oodipil 
hath been, or shall be delivered by the party making it, . 
for safe custody, as aforesaid, shall alter or destroy the 
same without the direction of the said party, or shall wil- 
fully secrete it for the space of six months after the death 
of the testator or testatrix shall be known tahim or her, 
the person so offending shall, on conviction thereof, be 
sentenced to such punishment as is, or shall be inflicted 
by law in cases of larceny. 

Sec. 19. All persons named as executors in any will, 
testament or codicil as aforesaid shall, after the sameifexecutorr 
shall be proved and admitted to record as before direct- die, or refuss 
ed, be entitled to letters testamentary thereon ; and where *" ^^^ letters 
there shall be no executors named in such will, testa- Jf^n ^'^^^^ '^^^ 
ment or codicil, or the executors named therein shajl die, granteti 
' T 



ms 



WILLS, TESTAMENTS. &C. 



refuse to act, or be otherwise disqualified, letters of ad- 
ministration, with the will annexed, shall be granted to 
such person or persons as may be entitled thereto. In 
all which cases copies of such wills, testaments or codicils 
shall go out with the letters. 
In what time Sec. 20. It shall be the duty of the executor or exec- 
will to be pro- utors of the last will and testament of any person deceas- 
^^ ed, knowing of his, her or their being so named or ap^ 

pointed, within thirty days next after the decease of the 
testator or testatrix, to cause such will to be proved and 
recorded in the proper county as aforesaid ; or to present 
said will and declare his or her refusal to accept of the 
executorship: and every such executor or executrix so 
Penalty for neglecting his trust and duty as aforesaid without just 
aegiect excuse for such delay to the satisfaction of the judge of 

probate, shall forfeit the sum of twenty dollars per month, 
from and after the expiration of the said term of thirty 
days, until he shall cause probate of said will to be made, 
or present the same as aforesaid, to he recovered by ac- 
tion of debt for the use of the estate, by any person who 
will sue for the same, in any court having jurisdiction 
thereof. 
To whom ad- ^EC. 21. Upon the refusal of the executor or cxecu- 
niinistration tors to administer the estate, or upon disqualification as 
niay be grant- ^j'-Qj.ggj^jj^ the court of probate shall commit the admin- 
istration of the estate of the deceased, with a copy of 
the will annexed, unto the widow, or next of kin to the 
deceased; and upon their refusal, neglect, or incapacity 
to act, may grant such administration to one or more of 
the principal creditors; and on iheir refusal, to such o- 
ther person or persons as the court shall think fi^. 

Sec. 22. The executor of an executor shall not, in con- 
sequence thereof, be executor of the first testator. 

Sec. 23. Persons of the age of seventeen years, of 
sound mind and memory, may be appointed executors; 
but should any person under the age of twenty one years 
be appointed an executor or executrix, the court of pro- 
bate shall appoint some competent^ person to manage and 
control the estate, under the direction of the court, until 
such executor or executrix appointed by the will shall at- 
tain the full age of twenty one years; and all such persons 
appointed to take charge of the estate during the minori- 
ty of any such executor or executrix shall, for the time 
heing, give bond with security as in other cases. 
Power of px- Sec. 24. The power ofthe executor or executors over 
ecntor before (he testator's estate before probate ofthe will, and obtain- 
^v.Qb-diG |j-,g ]Qtt(.j.s testamentary', shall extend lo the burial ofthe 



cd 



jjxecutor of 
an executor 

Who may be 
executors 



WILLS, TESTA3IE\TS, &€. i^ 

deceased, the payment of necessary funeral charges, and 

the taking care of the estate ; but in all such cases, if the 

will shall be rejected when presented for probate, and 

such executor thereby never qualify, he shall, in no vtise, 

be liable as an executor of his own wrong, unless upon 

refusal to deliver up the estate to the person or persons 

autliorized to receive the same: Provided^ That this sec- _ 

lion shall not be construed to exempt any such person '^■- 

claiming to be executor as aforesaid, for any vvaste or 

misapplication of such estate. 

Sec. 25. Where two or more executors are appointed, jp ^.^^ execS 

in, and by the same will, and one or more of the persons tor die, &c. 

named as such shall die, refuse to take upon himself or '^^^^J^ ii^^i^^- 

,^, ... , ,, -J- ^■n I inentarvtobe 

Herself such executorship, or be otherwise disqualmed, ,,j.anted tothe 

letters testamentary sliall be granted thereon to theoth- other 
er person or persons so named, not renouncing as afore- 
said, and not disqaalifted. 

Sec. 26. Every executor or administrator with the Oath to be ta^ 
■will annexed, at the time of proving the will and grant- ^^n by exec- 
ing letters testamentary or of administration as aforesaid, ^jn'is^rator 
shall take and subscribe before the judge of probate, the 
following oath, to wit :- — "I do solemnly swear, (of affirm,) 
that this writing contains the true last w^ill and testa- 
ment of the within named A, B. c'eceased, so far as I 
know, or believe; and that ( will well and truly execute 
the same, by paying first t!ie debts, and then the legacies 
mentioned therein, as far as his goods and chattels will 
thereunto extend, and the law charge me; and that I 
will make a true and perfect inventory of all such goods 
and chattels, rights, and credits as may come to my hands, 
orknow^ledge, belonging to the estate of said deceased, 
and render a fair and just account of my executorship, 
when thereunto required by law, to the best of my knowl- 
edge and abihties,so help me God." Which said oath shall 
be administered by the judge of probate, and be attached 
to, and form a part of the probate of said will. 

Sec. 27. All executors liereafter to be appointed, un- 
less the testator or testatrix shall otherwise direct in the 
will, and all administrators wath the will annexed, shall, 
before entering upon the duties of their executorships, 
and administrations, respectively, enter into bond with Bond 
good and sufficient security, to be approved by the court 
ofprobate^ in a sum double tlie value of the estate, and 
payable to the people of the state of Illinois, for the use 
of the parties interested, in the following form, to wit: — 

'• Know all men by these presents, that we A B, C D, 
and E F, of the county of and state oi lilincis, are 



200 WILLS', *rESTAMEAT;?5 &C* 

held, and firmly bound unto the people of the slate ofjlli- 
iiois, in the penal sum of dollars, current money 

of the United States, which payment well and truly to 
be made and performed, we, and each of us, bind our- 
selves, our heirs, executors, and administrators, jointly, 
severally, and firmly by these presents: — Witness our 
hands and seals, this day of A. D. 18 

''* The condition of the above obligation is such, that 
ConcliUan |^ ^j^^ ^i^^y^ hound A B, executor of the last will and 
testament of G If, deceased, (or administrator, with the 
will annexed, of G H, deceased, as the case may be,) do 
make, or cause to be made, a true and perfect inventory 
of all and singular the goods and chattels, rights and 
credits, lands, tenements and hereditaments, and the 
rents and profits issuing out of the same, of the said de- 
ceased, which have, or shall come to the hands, possession, 
or knowledge of the said A B, or into the possession of 
any other person for him, and the same so m.ade do ex- 
hibit in the court of probate for the said county of 
as required by law; and also make, and render a fair 
and just account of his actings and doings, as such exec- 
utor, (or administrator,) to said court, Avhen thereunto 
liiwfully required, and to well and truly fulfil the duties 
enjoined upon him in, and by the said will; and shall 
moreover pay, and deliver to the persons entitled there- 
to, all the legacies and bequests contained in said will, 
so far as the estate of the said testator will thereunto ex- 
tend, according to the value thereof, and as the law shall 
charge him; and shall, in general, do all other acts which 
may from time to time be required of him by law, then 
this obligation to be void, otherwise io remain in full 
force and virtue." 
^ . Which said bond shall be signed and sealed by the 

the court of " ^'^^^ executor, (or adm.inistrator) and his securities, at- 
probate tested by the judge of probate, and filed in his office. 

Sec. 28. Where any testator, or testatrix, shall leave 
When execti- ^'^''^^^ estate, more than sufficient to pay all his or her 
tor not obiig- debts, and by will shall direct, that his or her executors 
ed to give shall not be obliged to give security, in that case, no sc- 
*^"^* ^ curity shall be required, unless the court of probate sl^all 

see cause, from tlieir own knowledge, or the suggestions 
of creditors, or legatees, to suspect the executors of fraud, 
or that the personal estate will not be suflicient to dis- 
charge all the debts, such court may requir^e security, 
and the same shall be given before letters testamentary 
shall be granted, notwithstanding any directions to th(.^ 
contrary in said will. 



WILLS, TESTAMENTS, &C. ^^ 

Sec, 29* If any person named as an executor, or exe-When execu- 
cutris, in any last will and testament, shall be, at the time IrYx°di«ouaK- 
when administration ought to he granted, under the agefied 
cf seventeen years, or of unsound mind, or convicted of 
any crime rendering him or her infamous, or shall be a 
married woman, letters of administration, or testamata- 
ry, (as the case may require,) may be granted, in the 
same manner as if such person had not been named as 
such, in such will, unless in the case of a married 
woman, her husband shall give bond with her, as afore- 
said, with two or more sufficient securities, to be filed 
as aforesaid, for her faithful performance as such exe- 
cutrix; and on all questions touching such disqualifica- 
tions, the court of probate shall receive the like testimo- 
ny as would be admissible in a court of lav/ or equity^ 
in similar cases. 

Sec. 30* During any contest, in relation to the pro- 
bate of any will, testament or codicil, before the same 
fhall be recorded, or until a will which may have once 
existed, but shall be destroyed or concealed, shall be es- 
tablished, and the substance thereof committed to re- 
cord, with the proof thereupon taken, or during any 
contest in regard to the right of executorship, or to ad- 
minister the estate of any person dying either testate or 
intestate, or whenever any other contingency may hap- 
pen, which shall be productive of great delay, before Pending any 
letters testam.entary or of administration can be issued <^o"test, courf. 
upon the estate of such testator or intestate, to the per- °'P^.''P^°'"* 
son or persons having toe legal preference to the same, tors to pre- 
the court of probate may appoint any person or persons serve the es- 
as administrators, to collect and preserve the estate of^^'^ 
any such decedant, until probate of his will, or until 
administration of his estate be granted, taking bond and 
security for collecting the estate, making an inventory 
thereof, and safe keeping and delivering up the same 
when tiiereunto required by tlH3 said court of probate, 
to the proper executors or administrators, w^henever 
they shall be admitted and qualified as sueb. 

Sec 31. The form of the letters to be granted, to Forni of let- 
th^ person or persons so appointed to collect and pre-^'^^'s of ^^hnidr- 
serve the estate of the decedant, as aforesaid, shall be '^^""'^^^^^ 
as follows, viz: '^ The people of the state of Illinois, 
to all to whom these presents shall come, greeting: — 
Know ye, that whereas A B, late of the county of 
and state of Illinois, deceased, as it is said, had, at his 
(or her) decease, personal property within this state, 
the administraiion whereof cannot be immediately grantr 



202 



WILLS, TESTA ^lENTS, &C. 



ed to the persons by law entitled thereto, but which, i( 
speedy care be not taken, may be lost, destroyed or di- 
nainished; to the end therefore, that the same may be 
preserved for those who shall appear to have a legal 
right or interest therein, we do hereby reque.st, and au- 
thorize C D, (and E F, if two shall be appointed,) of 
the county of and stale aforesaid, to collect and 

secure the said property, wheresoever the same may be 
in this state, whether it be goods, chattels, debts or cred- 
its, and to make, or cause to be made, a true and per- 
fect inventory thereof, and to exhibit the same, with all 
convenient speed, to the court of probate of the said 
county of together with a reasonable account of 

his collection, acts and doings in the premises aforesaid. 
Witness, G H, judge of probate, in and for the said 
county of at his office in this day of 

A. D. 18 

[Seal,'] G H, judge of probate. 

Sec. 32. Before letters of administration to collect 
shall be granted, as aforesaid, the person or persons so 
appointed as aforesaid, shall give bond, with good and 
sufficient security, to be approved by the court of pro- 
bate, in the following form, to v/it: 

^^*^ " Know all men by these presents, that wc, CD, E F 

and J K, of the county of and state of Illinois, 

are held and firmly bound unt9 the people of the state of 
Illinois in the penal sum of dollars, current money 

of ihe United States, for the payment of which, well 
and trnly to be made and performed, we bind ourselves, 
our heirs, executors, administrators and assigns, jointly, 
severally and firmly by these presents; witness our hands 

Condition and seals, this day of 18 . The condition of 
the above obligation is such, that if the above bounden 
C D shall well and honestly discharge the duties ap- 
pertaining to his appointment as administrator to collect 
of the estate of A B, late of the county of de- 

ceased; and shall make, or cause to be made, a true 
and perfect inventory of such of the goods, chattels, 
debts and credits of the said deceased, as shall come to 
his or her possession or knowledge; and the same in due 
time return to the office of the judge of probate of the 
proper county; and shall also deliver to the person or 
persons authorized by the said court of probate as exe- 
cutors or administrators to receive the same, all such 
goods, chattels and personal estate, as shall come to his 
or her possession as aforesaid, and shall, in the general, 
perform such other duties as shall be required of him 



WILLS, TESTAMENTS, &C. 



203 



Lies Oi sucii 



{or her) by la\V» then the above obligation to be void: 
otherwise to remain in full force and virtue." Which 
said bond shall be signed and sealed by such adminis- 
trator, and his (or her) securities, attested by the judge 
of probate, and filed in his office. 

Sec. 33. Before any administrator to collect shall 
enter upon the duties of his appointment as aforesaid, 
he or she shall take and subscribe the following oath or 
affirmation, before the judge of probate, to wit: "1 do sol- Oath 
emnly swear (or affirm) that I will well and honestly dis- 
charge the trust reposed in me as collector, or administra- 
tor to collect, of the estate of A B, deceased, according to 
the tenor and effect of the letters granted to me by the 
judge of probate of the said county of to the best 

of my knowledge and ability, so help me God;" which 
said oath shall be reduced to writings subscribed by the 
party making it, and filed in the office of the judge of 
probate before whom the sariie shall be taken. 

Sec. 34. Every collector so appointed as aforesaid^ 
shall have power to collect the goods, chattels and debts pj^^^j 
of the said deceased, according to the tenor of the said adm'r* 
letters, and to secure the same at such reasonable and 
necessaiy expense as shall be allow^ed by the court of 
probate; and the said court may authorize him or her, 
immediately after the inventory and appraisement of 
such estate, to sell such as shall be perishable, or may 
be injured by delay, and to account for the same ; and 
for the whole trouble incurred by such collector, the 
court of probate may allow such commission on the 
amount of the said personal estate, as shall be actually 
collected and delivered to the proper executor or ad- 
ministrator as aforesaid, as said court may deem just 
and reasonable^ provided the same shall not exceed six Commission 
per cent, on the amount stated in such inventory, or bill allowed 
of appraisement as aforesaid. 

Sec. 35. Every collector appointed as aforesaid, 
shall have power to commence suits for debts due to the Power to sue, 
dacedant, and to release the same on payment thereof; ^° 
and no such suit shall abate by the revocation of the 
letters of such administrator to collect or collector; 
but the same may be prosecuted to a final decision by 
the executor or executors, administrator or administra- 
tors, to whom letters testamtcntary, or of administration 
may be granted as aforesaid. 

Sec. 36. On the granting of letters testamentary 
or of administration as aforesaid, the power of any such 



fi 



204 



WILLS, TESTAillEN'rS, &C* 



sticcessor 



Penalty for 

neglect 



To deliver collector as may have been so appointed, shall cense; 
r^op^rty^to j^^^j j|- gi^j^ii 5g i/i^ (^u(y to deliver, on dennand, all the 

property and money of tlie deceased, which sliall have 
come to his hands or por^scssion, (saving such commission 
as may be allowed by the judge of probate as aforesaid) 
to the person or persons obtaining such letters; and in 
case any such collector or administrator shall refuse or 
neglect to deliver over such properly and money to his 
successor, when legal application shall be made there- 
for, such person or persons, so neglecting or refusing, 
shall be liable to pay twenty per cent, over and. above 
the amount of all such property or money, as shall come 
to bis hands by virtue of his said administration; 
and shall moreover forfeit all claim to any commission 
for collecting and preserving the estate; which said 
twenty per cent, together with all damages which may 
be sustained by reason of tiie breach of any bond, which 
may at any time be given by any «uch collector, may 
be sued for and recovered by the person or persons to 
whom letters testamentar} , or of administration may be 
granted as aforesaid, for the use of the estate of such de- 
cedant. 
Estate not de- Sec. 37. All such estate, both real and personal, as 
vised is not devised or bequeathed in the last vvill and testa- 

ment of any person, sball be distributed in the same 
manner as the estate of av. intestate: but in all such 
cases, the executor or executors, administrator or ad- 
ministrators with the will annexed, shall have the pref- 
erence in administering on the same. 
Creditor may Sec. 38. If any lands, tenements or hereditaments, 
be a witness g}^a]i \yQ charged with any debt or debts, by any will, tes- 
tament or codicil, and the creditor whose debt is so se- 
cured, shall attest the execution of the same, such cred- 
itor shall, notwithstanding, be admitted as a witness to 
the execution thereof. 
Devise to Sec. 39. Every devise of land, or any estate therein, 

wile ehall bar ^p bequest of personal estate, to the wife of the testator, 
shall be a bar of her dower in lands, or share of the per- 
sonal estate, unless it be otherwise expressed in the will, 
testament or codicil. 
Dower barred Sec. 40* A widow shall be debarred of her right of 
dowser in the estate of her deceased husband, in all 
crises where any provision shall be made for her in the 
testator's wnll as aforesaid; unless within six months 
after the authentication, or probate of the will, she shall 
deliver or transmit to the court of probate of the proper 
Form of re- county, a written rer.unciation, which may be in the fol- 
nuaciatioD lowing form, to wit; " 1, A B, widow of C D, late of 



after six 
luoDtbe 



WILLS, TESTAMENTS, &C. 



•J05 



the county of and state of do hereby re- 

nounce, and quit all claim to any bequest or devise 
made to me by the last will and testament of my said 
deceased husband, which has been exhibited and proved 
according to law; an5 I do elect to take in lieu thereof^ 
my dower, or legal share of the estate of my said hus- 
band." Which said letter of renunciation shall be tiled To be filed 
in the office of the judge of probate, and shall operate 
as a complete bar against any claim which such widow 
may aftervrards set up to any provision which may have 
heen thus made for her in the will of any such testator; 
and by thus renouncing all claims to a devise or bequest 
as aforesaid, such widow shall thereupon be entitled to Widow then 
the one-third p.irt of the real estate of her said deceased ^"titled to 
husband, for life, and cne-third part of the personal ^■^- i\!e' r^Q] and 
tate forever, which shall remain after the payment .of personal es- 
all just debts and claims against the estate of such tes-^ate 
tator. 

Sec. 41. In all cases where a widow shall renounce 
all benefit under the will, and the legacies and bequests 
therein contained, to other persons, shall, in conse- 
quence thereof, become diminished or increased, in If by widow's 
amount, quantity or value, it shall be the duty of the f^"""®'^*^^" 
court of probate, upon the settlement of such estate, tOjninished or 
abate from, or add to such legacies and bequests in such increased, 
manner as to equalize the loss sustained, or advantage S'*^"''***^^'l^*® 

iroiD or ciclcl 

derived thereby, in a corresponding ratio to the several ^^ gjch lega- 
amountsof such legacies and bequests according to thecie^ 
intrinsic value of each. 

Sec 42. If the widow commit \vaste in the lands Widow liable 
arid tenements, or of the personal estate of the deceased, ^°'" ^^^^^ 
she shall be liable to an action by the heir or devisee, or 
his or her guardian, if of real estate; or by the executor 
or administrator, if of personal estaie; and if she marry 
a second husband, he shall be answerable with her in 
damages, for any waste committed by her as aforesaid^ 
before such second marriage, or by the husband him- 
self, after such maniage. 

Sec. 43. Estates both real and personal, of resident Descents 
or non-resident proprietors, in this state, dying intestate, 
or whose estates or any part thereof shall be deemed 
and taken as intestate estate, and after all just debts and 
claims against such estates shall be paid as aforesaid, 
shall descend to and be distributed to his or her children 
and their descendants, in equal parfs; the descendants 
of ti deceased child, or grand-child taking the share of 
^eir deceased parent in equal parts among them: and 



20a 



WILLS, TESTAMENTS, «feC* 



Widow's ex- 
clusive estate 



Widow's 
dower 



Property to 
be retained 
bj widow 



And not sub- 
ject to debts 
of the deceaS' 
cd 

llotclipot — 
proceedings 
thereon 



\Nlicn there sliallbe no children of the intestate, nor de' 
scendants of such children, and no widow, then to the 
parents, brothers and sisters of the deceased person, and 
their descendants, in equal parts among them; allowing 
to each of the parents if living,?i child's part, or to the 
survivor of them, if one be dead, a double portion, and 
if there be no parent living, then to ihe brothers and 
sisters of the intestate and their descendants; when 
there shall be a widow and no child or children or de- 
scendants of a child or children of the intestate, then the 
one half of the real estate, and the whole of the person- 
al estate, shall go to such widow, as her exclusive estate 
forever; subject to her entire and absolute disposition 
and control, to be governed in all respects by the same 
rules and regulations, as are, or may be provided in 
cases of estates of femes sole: if there be no children of 
the intestate, or descendants of such children, and no 
parents, brothers, or sisters, or descendants of brothers 
and sisters, and no widow, then sucb estate shall descend 
in equal parts to the next of kin to the intestate, in 
equal degree, computing by the rules of the civil law: 
and there shall be no representation among collaterals, 
except with the descendants of the brothers and sisters 
of the intestate; and in no case shall there be a distinc- 
tion between the kindred of the w^hole, and the half 
blood, saving to the widow, in all cases, her dowser of one 
third part of the real for life, and the one third part of 
the personal estate forever. 

Sec. 44. The widow, in all cases, shall be allowed 
to have, and retain, as her sole and separate property, 
one bed and bedding, the wearing apparel of herself 
and family, one milch cow and calf, her saddle and bri- 
dle, one horse of the value of forty dollars, houseiiold 
and kitchen furniture sufficient for herself and family, 
and provisions for the same for one year: Said property 
shall be retained by the widow, and set apart to her, by 
the executor or administrator, and shall in no case be 
subject to the payment of the debts of the deceased. 

Sec 45. Where any of the cliildren of a person dying 
intestate, or their issue, shall have received from such 
intestate, in his or her lifetime, any real or personal es- 
tate, by w^ay of advancement, and shall desire to come 
into the partition or distribution of such estate with the 
other parceners or distributees, such advancement, both 
of real and personal estate, shall be brought into hotch- 
pot, with the whole estate, real and personal, of such 



^^TLLf, TESTAME.STS, &C. 



201 



iiiiestate; and every such person so returning such ad- 
vancement, as aforesaid, shall thereupon be entitled to 
his or her just proportion of said estate. 

Sec. 46. If any man shall have one or more children Children born 
by any woman whom he shall afterwards marry, such ^^^"^^ "^"^'"r 
child or children, if acknowledged by the man, shall, in jel for 
virtue of such marriage and acknowledgment, be there- 
by legitimated, and capable in law to inherit and trans- 
mit inheritance, as if born in wedlock. 

Sec. 47. if any single or unmarried woman, having children of 
estate either real or personal in her own right,^ shall unmarried 
hereafter die, leaving one or more children, deemed in ^^°J^7j *° ^"' 
law illegitimate, such child or children, shall not on that estate of their 
account be disinherited, but they, and each of them, and deceased 
their descendants, shall be deemed able and capable in ""<^thers 
law, to take and inherit the estate of their deceased 
mother, in equal parts among them, to the exclusion of 
all other persons: Provided, That if there shall be no 
such child or children, or their descendants, then, and in 
such case, the estate of the intestate shall be governed 
by the rules of descent, ;;s in other cases, w^here illegiti- 
mates are excluded. 

Sec. 48, All foreigners, w^iether aliens, denizens, or Aliens may 
naturalized citizens, may take and hold real '"^^d per- ^^^.^^^J^^ ^^ 
sonal estate in this state, either by purchase or descent, transmit the* 
and alienate, and transmit the same to their heirs or as- same to heir?, 
signs, whether such heirs or assigns be citizens of the 
United States or not, in the same manner as natural 
born citizens of the United States, or of this state, may- 
or can do; and the children, or next of kin of any such 
person dying intestate, and leaving estate, either real or 
personal, in this state, whether such children or kindred 
be citizens of the United States or not, shall be deemed 
and taken to come within the rule of descents hereinbe- 
fore described; and shall inherit such estate accordingly, 
saving to the widow of such alien, denizen, or naturali- 
zed citizen, in all cases, such dower, provision, and priv- 
ileges as is, or may be allowed by law in other cases. « 

Sec. 49. Equitable estates shall be subject to the Equitable 
widow's dower, and all real estate of every description, ^^ijl^^^'/-'^- 
contracted for by the husband in his lifetime, the title jower 
to which may be completed after his decease. 

Sec. 50. In all cases where any person shall die in- Posthumous 
testate, leaving real or personal estate in this state, and cbnaron of 
a child or children, commonly called posthumous f^hil- ^^Q^g^^^tg ^^"^ 
dren, shall be born unto him after his deceaser within 
the usual time prescribed by law, such child or children 



208 WILLS, 'nESTAME>sTjf, &C. 

shall come in for their just proportion of said estate, in 
all respects, as though he, she, or they, had been born 
in the lifetime of the intestate. 

Sec. 51. Administration shall be granted to the Ikis- 
band, upon the goods and chattels of his wife, and to the 
widow, or next of kin of the intestate, or some of them, 
if they will accept the same, and are not disqualified, 
but in all cases the widow shall have the preference, but 
if no Widow or other relative of the intestate, shall ap- 
ply within sixty days from the death of such intestate, 
the court of probate may grant administration to any 
Relations not creditor or creditors who shall apply for the same; and 
applying, in case no such application be made by any creditor or 
^ra"nledtY ^^^''^^^^^'"^' within fifteen days next ensuing the lapse of 
creditors the said term of sixty days as aforesaid, administration 
may be granted to any person or persons whom the 
judge of probate may think will best manage the estate; 
and in all cases where such intestate shall have been a 
Non-resident non-resident, or without a widow, next of kin, or credi- 
iatestates (ors in this state, but having property within the state, 

Adm'n to be administration shall be granted to the public adminis- 

jTrantcu to or 

)iublic adm'r trator of the proper county, and to no other person: — 

Provided^ that no administration shall, in any case, be 
granted, until satisfactory proof be made before the 
court of probate^ to whom application for that purpose 
shall be made, that the person on whose estate letters 
of administration are requested, is dead, and died intes- 
tate so far as they have knowledge and believe. 
Governor to ^^^' ^^' "^^^^ goveriior of this state shall nominate, and 
nominate by and with the advice and consent of the senate, appoint 

public admin- ij^ each countv in this state, where such appointments 
istrators i . i i i i ,-, 

nave not already been made, or as oiten as any vacancies 

may occur in the appointments which have heretofore 
been made under the existing laws, a suitable person, to 
be known by the name of the public administrator, for 
such counties respectively, whose otiice, power, and du- 
ties shall be prescribed by law. 

Sec. 53. That whenever any person shall die intestate 
In what cases IP any county in this state, or when any non-resident shall 
?ion""hali^be ^^^ iritestate, leaving goods and chattels, rights and cre- 
granted to dits, or either, in this state, and no widow, or next of kin, 
public or creditor or creditors, shall be living within this state, 

41 minis ra or administration of the goods and chattels, rights and cre- 
dits of such intestate, shall be granted to the public ad- 
mitiistrator of the county in which such intestate died, or 
in which the goods aJ:d chattels, rights, crediis and ef- 
fects shall be found, in case such intestate shall have been 
a non-resident, and his successors in otfice. 



'tVlLLS, TESTAMENTS, tSrC, 



209 



Sec. 54*. Each and every public administrator, who Oath of puh- 
may at any time be appointed as aforesaid, shall, before ^^^ adm'p 
entering upon the duties of hisoflice, take and subscribe 
the following oath, to wit: "I, A B, public administrator 
in and for the county of and state of Illinois, do 

solemnly swear, (or affirm,) that I will well and truly 
perform all such duties as may be required of me by 
law, as sueli administrator, to the best of my knowledge 
and abilities, so help me God." Which said oath shall 
be taken before the judge of probate of the proper 
county, reduced to writing and subscribed by the public 
administrator, and filed in the office of the said judge. 

Sec. 55. It shall also be the duty of any such public 
administrator as aforesaid, before entering upon the du- 
ties of his office as aforesaid, to enter into bond, with 
good and sufficient security, to be approved by the judge 
of probate, in the penal sum of five thousand dollars, 
conditioned for the due administration according to law, 
of all such goods and chattels, rights, credits and assets 
as may belong or appertain to the several estates upon 
which administration may be granted to him as afore- 
said, which said bond shall be in the following form, to- 
wit: ''Know all men by these presents, that we. A, B, Bond ? 

C, D, and E, F, of the county of and state of 

Illinois, are held and firmly bound unto the people of 
the state of Illinois in the penal sura of five thousand dol- 
lars, current money of the United States, which payment 
well and truly to be made and performed, we, and each 
of us, bind ourselves, our heirs, executors, administrators 
and assigns.jointly, severally and firmly by these presents: 
as witness our hands and seals, this day of 

A. D. 18 . The condition of the above obligation 
is such, that whereas the said A B has been appointed 
public administrator in and for the said county of ; Coqditiqn 

Now, if he the said A B, as such public administrator, 
shall well and truly administer all such goods, chattels, 
rights, credits and assets as shall come to his bands or 
possession, or to the possession of any other person for 
him, and which may belong to the estate or estates of 
any person or persons upon which administration may at 
any time be granted to him by the court of probate of 
the said county of and do make, or cause to be 

made, a true and perfect inventory of the goods, chattels, 
rights, credits and assets of all such deceased persons,, 
the administration of whose estates shall be committed to 
him as aforesaid: and the same so made, doth exhibit in 
the said court of probate, when he shall thereunto be 

V 



210 



WILLS, TESTAMEMTS, AC, 



Administra- 
tion may be 
revoked 



On applica- 
tion to the 
court witliin 
six months 



Balance of in 

testate's es- 
tate 



Amount 
thereof, with 
other particu- 
lars, to be 
pubjished 



required bylaw; and do make and render a just and 
true account of all bis actings and doings as sucb, in 
each separate estate, to the court of probate of the pro- 
per county, when required so to do; and shall in gene- 
ral do and perform all such other duties as may, from 
time to time, be required of him by law, then the above 
obligation to be void, otherwise to remain in full force 
and virtue." Which said boiid shall be signed and seal- 
ed by the said public administrator and his securities, 
and attested by the judge of probate, and filed in his 
office. 

Sec. 56. In all cases where administration shall have 
been granted to any public administrator as aforesaid, 
and it shall afterwards appear that there is, or are, a 
widow, or next of kin, or creditor or creditors of the de- 
ceased, entitled to the preference of administration by 
this act, it shall be the duty of the court of probate to 
revoke the letters granted to such ^public administrator, 
and to grant the- same to such widow, next of kin, credi- 
tor or creditors, as shall or may be entitled thereto; — 
Provided, That application shall be made to the court of 
probate of the proper county, by such person or persons 
within six months after letters shall have been granted to 
the public administrator as aforesaid; saving to such ad- 
ministrator in all cases, all such sum or sums of mo- 
ney as may be due to him from such estate on account of 
commission and expenses, due to, and incurred by liim, 
in the management of said estate. 

Sec. 57. If any balance of any such intestate's estate 
as may at any time be committed to any public adminis- 
trator as aforesaid, shall remain in the hands of such ad- 
ministrator, after all just debts and charges against such 
estate shall have been fully paid, which shall have come 
to the knowledge of such public administrator, for two 
years after the administration of such estate shall have 
been committed to him as aforesaid, such administrator 
shall cause the amount thereof, with the name of the in- 
testate, the time and place of his or her decease, to be 
published in some one of the public newspapers printed 
in this state for eight weeks successively, notifying all 
persons having claims or demands against such estate, to 
exhibit the same, together with the evidence in support 
thereof, before the court of probate of the proper county, 
within six months after the date of such notice, or that 
the same will be forever barred; and if no such claim 
be presented for payment or distribution within tlie said 
tiri\G of six months as aforesaid, such balance shall be 



WILLS, TESTAMENTS, &C. 



211 



paid into the public treasury of said county; and the Not claimed 

county shall be answerable for the same, without interest, "^^^^l^ ^'^ 

•^ , 11 ii rt 'months, to be 

to such person or persons as shall therealter appear to paid into 

be legally entitled to the same, if any such shall ever county treaa- 

appear. "^^ 

Sec. 58. Upon the death of any person intestate, not Public admr, 

leaving a widow, or next of kin, or creditor or creditors to secure the 

within any county in this state, it shall and may be law- P''operty of 

J J *^ intestates 

ful for the publicadministratorof the county wherein such from waste 

person may have died as aforesaid, or wherein the goods 
and chattels, rights and credits of such decedant shall be 
in case such person shall have been a non-resident, to 
lake such measures as he may deem proper for the pro^ 
tecting and securing the property and effects of such in- 
testate from waste or embezzlement, until administration 
thereon shall be granted to the person entitled thereto 
as aforesaid; the expenses whereof shall be paid to such 
public administrator, upon the allowance of the court (Jf 
probate, in preference to all other demands against such 
estate, funeral expenses excepted. 

Sec. 59. All letters testamentary, letters of adminis- Letters of adi 
tration, either with or without the will annexed, letters nainistration, 

of administration to collect, and de bonis non: writs, ff^'^^^^l'^f/'^ 

. . ' 1111 the name oi 

summonses, citations, subpoenas, and all other processes the people & 

which may at any time be made or issued by the judge with the seal 
of probate, in the discharge of his official duties, shall be °^ '^® °^"^^ 
made and issued in the name of the people of the state 
of Illinois, bear teste in the name of such judge, and be 
sealed with the seal of the said court of probate. 

Sec. 60. Upon every application for letters of admin- Before grant- 
istration, upon the goods and chattels, rights and credits ^^? ^^™^- ^^ 
of any person dying intestate, by any person not entitled evidence tcT' 
to the same, as husband, widow, next of kin, creditor be produced 
or creditors, or public administrator, the court of probate 
to which such application shall be made shall, before the 
gl-anting of administration to any such applicant or ap- 
plicants, cause such applicant or applicants to produce 
satisfactory evidence that the person or persons having 
the preference have relinquished their prior right there- 
to: Povided, Such application shall be made within the jf application 
space of seventy-five days next ensuing the death of any made within 
such intestate as last aforesaid; but if such application ^f^'^^^y*^^'^ 
be made after the expiration of seventy -five days, it shall '^^^ 
not be necessary to make such proof; and the judge of 
probate may proceed to grant letters to such applicant 
or applicants, or any other person or persons, as he mav 
think fit. \ 



\\ '^l^ WILLS, TESTAMENTS, &C. 

\-, Se€. 61. All letters testamentar}' to be hereafter issu- 

«(! to executors under this law, shall be in 'the following 



'f 



form, to wit: 

Form of Jet- State of Illinois^ ) r^. rrii^ i c ,x. . . n 

terstestamen^ County of ] ^^^^'— ^^^ P^^P^^ ^f the state of 

Illinoi:?, to all to whom these presents shall come, greet- 
ing: Know ye, That whereas A B, late of tbe county of 
and state of died, on or about the 

day of A. D. 18 , as it is said, after 

having duly made and published his last will and testa- 
ment, a copy whereof is hereunto annexed, leaving at the 
time of his death, property in this state, which may be 
lost, destroyed, or diminished in value, if speedy care be 
not taken of the same; and inasmuch as it appears that 
C D has been appointed executor in and by the said last 
will and testament to execute the same ; and to the end 
that the said property may be preserved for those who 
shall appear to have a legal right^ or interest therein, 
and that said will may be executed according to the re- 
quest of the said testator; we do hereby authorize him 
the said C D as such executor, to collect and secure all 
and singular the goods and chattels, rights and credits 
which were of the said A B at the time of his decease, 
in whosoever hands or possession the same may be found 
in this state; and well and truly to perform and fulfil all 
such duties as may be enjoined upon him by the said 
will, so far as there shall be property, and the law charge 
him; and in general, to do and perform all other acts, 
which now are, or hereafter may be required of him by 
law. Witness, E F, judge of probate of the said county 
of at his office in this day of 

A.D.I 8 . \_SeaQ E F, judge of pro- 

bate. 

Sec. 62. The form of letters of administration here- 
after to be issued in this state shall, (as near as may be,) 
be as follows, to wit: 

Sta'e of Illinois^ } o l nn i r i.i i i c 

Of letters of n t p \ ^^^* — ^'^^ people ot the stale ol 

drainistra- ^-^^^"^ ^J ) 

^"^ Illinois, to all to whom these presents shall come, greet- 

ing: Know ye, That whereas A B, of (he county of 
and state of died intestrrte, as it is said, 

on or about the day of A. D. lU , having at 

the time of his decease personal property in this state, 
%vhich may be lost, destroyed, or diminished in value, if 
speedy care be not taken of the same; to the end there- 
fore, that said property may be collected, and preserv- 



WILLS, TESTAMENTS, &0. 213 

ed fortliose who shall appear to have a legal right or inte- 
rest therein, we do hereby appoint C D, of the county of 
and state of Illinois, administrator of all and singular the 
goods and chattels, rights and credits, which were of the 
said A B, at the time of his decease; with full power and 
authority to secure and collect the said property and 
debts, wheresoever the same may be found in this state; 
and in general, to do and perform all other acts which 
now are, or hereafter may be required of him by law. 
Witness, E F, judge of probate in and for the said coun- 
ty of at his office in this day of 
A. D. 18 [SeaL] E F, judge of 
probate. And in all cases where letters of administra- 
tion with the will annexed, letters of administration de 
bonis non, or letters of administration to any public ad- 
ministrator, shall hereafter be issued by any court of 
probate in this state, the same shall be issued in confor- 
mity with the foregoing forms, as nearly as may be, tak- 
ing care to make the necessary variations, additions or 
omissions, to suit each particular case. 

Sec. 63. The court of probate shall, in all cases, upon Oath to be ta- 
granting administration of the goods and chattels, rights ken by ad- 
and credits of any person dyingintestate, require the ad-"^^"^^ ^^ ^^ 
ministrator or administrators, (public administrators ex- 
cepted,) to take and subscribe the following oath, to 
wit: "I do solemnly swear, (or affirm,) that 1 wiil, well 
£nd truly, administer ail and singular the goods and chat- 
teL-, rights, credits and effects, of A B, deceased, and pay 
all just claims and charges against his estate, so far as his 
goods, chattels, and effects shall extend, and the law 
charge me; and that 1 will do and perform all other acts 
required of me by law, to the best of my knowledge and 
abilities." Which said oath shallbe reduced to writing, 
subscribed by the person taking the same, before the said 
judge of probate, and filed in his office. 

Sec. 64. Each and every administrator, except as is go^d 
hereinbefore provided for, shall before entering upon the 
duties of his office, enter into bond, with good and suffi- 
cient security, to be approved by the judge of probate, 
in a sum double the value of the estate, and payable to 
the people of the ?tate of Illinois, for the use of the par- 
ties interested, in the following form, to wit: '• Know all 
men by these presents that we, A B, C D, and E F, of 
the couMty of and state of Illinois, are held and » 

firrrily bound unto the people of the state of Illinois, in the 
penal sum of dollars, curient money of the United 

States, which payment, well and truly to be made and 



'^i^^ WILLS, TESTA3IENT3, &C. 

performecl, we, and each of us, bind ourselves, our heirs, 
executors, administrators, and assigns, jointly, severally, 
and iirmly by these presents. Witness our hands and 
seals, this day of A. D. 18 . 

Condition " '^'^^ condition of the above obligation is such, that if 

the siid A B, administrator of all and singular the goods 
and chattels, rights and credits of J K, deceased, do 
jnake, or cause to be made, a true and perfect inventory 
*of all and singular the goods and chattels, rights and 
credits, of the said deceased, which shall come to the 
hands, possession, or knowledge oi him the said A B, as 
such administrator; or to the hands of any person or per- 
sons for him, and the same so made, do exhibit, or cause 
to be exhibited, in the court of probate for the said coun- 
ty of agreeably to law, and such goods and chat- 
tels, rights and credits, do, well and truly administer ac- 
cording to law, and all the rest of the said goods and 
chattels, rights and credits,, which shall be found re- 
maining upon the account of the said administrator, the 
same being first examined and allowed by the court of 
probate, shall deliver and pay unto such person or per- 
sons, respectively, as may be legally entitled thereto ; and 
further, do make a just and true account of all his act- 
ings and doings therein, when thereunto required by the 
said court; and if it shall hereafter appear, that any last 
. will and testament was made by the deceased, and the 
same be proved in court, and letters testamentary or of 
administration be obtained thereon, and the said A B, 
<lo, in such case, on being required thereto, render and 
deliver up the letters of administration granted to him 
as aforesaid ; and shall in the general, do and perform all 
other acts which may at any lime be required of him by 
Jaw; then this obligation to be void, otherwise to remain 
in full force and virtue." Which said bond shall be sign- 
ed and sealed by the said administrator, and his securi- 
ties, attested by the judge of probate, and filed in his of- 
fice. And in all cases where bonds shall be taken from 
bonds to be^^^^^y administrator de bonis non, or in any other case, 
made in same where a form shall not be prescribed in this act, the same 
form shrill be made, as nearly as may be, in conformity with 
the form above prescribed, with corresponding variations 
to suit each particular case. 
"Bonds iray be Sec. 65. All bonds which may at any time be given 
nut in suit by any executor or executors, administrator or adminis- 
trators, either with or without the will annexed, or de 
bonis non, to collect, or public administrator may be put 
in suit, and prosecuted, against all, or any one or more 



WILLS, TESTAMENTS, «feC* 216 

of the obligors named therein, in the name of the people 

of the state of Illinois, for the use of any person or persons 

who may have been injured by reason of the neglect or 

improper conduct of any such executor or administrator 

as aforesaid; and such bonds sliall not become void on 

the first recovery thereon, but may be sued upon from 

time to time, until the whole penalty shall be recovered: 

Provided^ that the person or persons for whose use tlie 

same may at any time be prosecuted, shall be liable for. 

all costs which may accrue in the prosecution of the Certified co» 

same; and certified copies of all such bonds, under the pi^** under 

seal of the court of probate, shall be received as evidence ^^'^ ,? } t^ 
i ' . ^ , court, to be 

to authorize such recovery m any court oi law or equi- received as 
ty having jurisdiction thereof in this state. evidence 

Sec. 66. The judges of the courts of probate, re- Complete re- 
spectively, shall make, keep and preserve complete re- ^^""^^ ^^^^ ^ 
cords o( all wills, testaments and codicils, and the pro- !J]] ^^^Us 
bate thereof; all letters testamentary and of administra- bonds, Lc. 
tion, either with or without the will annexed, de bonis 
non, or to collect; all bonds taken ofexecutors* or admin- 
istrators; all inventories, appraisements and sale bills, 
and all other exhibits presented to, and allowed by said 
courts, appertaining to the administration and settle- 
ment of estaies; with an alphabet of reference to the 
page, names of parties, and amount of such exhibits, in- 
ventories, appraisements and sale bills; and shall dock- 
et the same from time- to time, upon their books of re- 
cord, all matters and controversies that shall arise for 
a decision or adjudication before any of said courts, 
with the names of the parties litigant, the evidence ad- 
duced thereon, and the opinion or decision of the court; 
in order that there may be no difiiculty in taking appeals 
therefrom: they shall record all letters testamentary 
and of administration before they are delivered out of 
their ofiices respectively, and shall certify at the foot, 
or on the back thereof, that the same have been recorded 
according to law: they shall preserve all original will?, 
testaments, codicils, oaths, bonds, inventories, appraise- 
ments and sale bills, accounts current, and transcripts 
of settlements, in proper order on file, in their offices 
respectively; and copies of any of the aforesaid papers, 
or of such records, -duly certified by the judge of pro- 
bate, under the seal of said court, shall have the same 
force and effect as the originals, in all courts of judica- 
ture in this state: Provided^ it shall not be necessary to The party re- 
make a complete record of the proceedings, except on ^I'^^^ting re- 
request of one of the parties, who shall pay for the ceedings to 
same. pay for same 



$16 



WILLS, TESTAMENTS, &C. 



Ad'mn rero- 
ked on pro- 
duction ol 
vvil!, and let 
tera tt stamen- 
tary granted 



If will set a- 
side, letters • 
to be repealed 
and aclm'n 
de bonis non 
granted 



Letters testa- 
mentary &c 
granted to 
persons who 
may become 
insane Arc to 
he revoked 



"In other cases 
may be re- 
voked 



Sec. 67. If at any time after letters of administra'^ 
tion liave beeu granted, a will of the deceas^ed shall be 
produced, and probate tnereof granted according to law, 
such letters of adnriinistration shall be revoked and re- 
pealed; and letters tesiamentarj, or of administration 
with the will annexed, shall be granted in the same 
manner as if the former le'ters had not been obtained. 

Sec. 68. In all cases where a will, testament or cod-^ 
icil shall have, been proved, and letters granted thereon 
as aforesaid ; and such will snail thereafter be set aside or 
annulled by due course oi law, the letters granted there- 
on shall be revoked and repealed, and administration de 
bonis non granted of the goods and chattels uuadminis- 
tered. 

Sec. 69. The court of probate shall have power to 
revoke and repeal all letters testamentary or of adminis- 
tration, granted to persons who shall become insane, lu- 
natic, or of unsound mind, habitual drunkards, who may 
be convicted of any infamous crime, who waste or mis- 
manage the estate, or who conduct themselves in such a 
manneras to endanger^their co-executors, co-administra- 
tors or securities. In all which cases, the court shall 
summon the person or persons charged to be in default, 
or disqualified as aforesaid, to show cause why such re- 
vocation should not be made; and when made, the 
reasons therefor shall be stated at large upon the record, 
and other letters granted to the next person or persons 
who shall according to law be entitled to the same. 

Sec. 70. If any executor of any last will or testa- 
ment, or administrator of an intestate estate, residing out 
of this state at the time of taking upon himself the exe- 
cution of such trust, or after havi!»g done so, shall re- 
move beyond the limits of this state, and shall refuse or 
neglect, after due Tiotice from the court of probate, to 
render his accounts and make settlement of such estate, 
with creditors, legatees or heirs, or their legal repre- 
seijtatives, the said court may, in like nnanner, revoke 
such letters, and grant other letters thereon, to such 
•person or persons as maybe entitled to the same, and as 
to the said court shall seem meet. 

Sec. 71. WTiCre the letiers of one of several exe- 
cutors or administrators are revoked, or one or n'ore of 
the executors or administrators-shall die or become dis- 
qualified, the court of probata may, in their discretion-, 
join others in their stead or place, and require additional 
bonds from such new administrator or administrators, or 
the survivor or survivors, or ?.uch as shall i^ot have their 
powders revoked, shall proceed to manage the estate^ and 



WILLS, TESTAMEKTS, &C, 



217 



in case the letters of all of them shall be revoked, or 
all of said executors or administrators shall depart this 
life, before final settlement and distribution of the estate 
shall have been made, administration with the will an- 
nexed, or as the case may require, shall be granted to 
the persons next entitled thereto; and in all cases where 
any such executor or administrator shall have his letters 
revoked as aforesaid, he shall nevertheless be liable on 
his bond, to such subsequent administrator or adminis- 
trators, or to any other person or persons aggrieved, for 
any mismanagement of the estate thus committed to his 
care as aforesaid, and such subsequent a.dministrator or 
administrators, may have and maintain actions of trover, 
debt, detinue, account, and on the case, against such 
former executor or administrator, for all such goods, 
chattels, debts and credits, as shall have come to the 
possession of him or her, and which shall be withheld, 
or may have been wasted, embezzled or misapplied, and 
no satisfaction made for the same. 

Sec. 72. All the provisions in this act relative to an 
executor or administrator, shall apply and extend to an 
executrix or administratrix, or executors or administra- 
tors, and vice verso^ unless otherwise expressly provided 
for; and whenever any party in the singular number, 
or a male party is mentioned, the rule shall apply to a 
female, or two or more having a joint interest, so far as 
the rule can be with propriety applied, and so far as is 
not otherwise directed. 

Sec. 73. jMo executor or administrator, or security 
for an executor or administrators shall be chargeable 
beyond the assets of the testator or intestate, by rea- 
son of any omission or mistake in pleading or false 
pleadiug of such executor or administrator. 

Sec. 74. If any court of probate shall hereafter 
grant letters testamentary or of administration, of the 
estate of any person deceased, without taking good se- 
curity for the same as aforesaid; or if the security so 
taken shall afterwards become insufficient, and in all 
cases where such security has been heretofore taken, 
and now has, or shall hereafter become insufficient as 
aforesaid, it sliall be lawful for the said court, on the ap- 
plication of any person entitled to distribution, a cred- 
itor, or otherwise interested in such estate, to require 
such executor or administrator to give other and suffi- 
cient security, and in default thereof, the letters testa- 
mentary or of administration shall be revoked, and ad- 
ministration granted to the person entitled to the same, 
according to the rules hereinbefore prescribed in the 



In ca?es of re- 
vocation, &c 
court may ap- 
point execu- 
tors, or grant 
adui'n to oth- 
ers 



Forraer exe- 
cutor or 
adm'r never- 
theless JiabJe. 



Application 
of this act 



Ex'rs kc not 
liable for 
mispleading 



When ex'rs 
&:c required to 
give further 
security 



In default, let- 
ters to be re- 
voked 



M 



}y\ 2\8 XtlLLS, TESTAMENTS, AC 

^I i " case of an administrator de bonis non; and all acts done 



./ 



and perfornned, according to law, by the executor or 
administrator, whose letters testamentary or of adminis- 
tration may be revoked as aforesaid, prior to such re- 
vocation shall be valid and effectual. 
Securities Sec. 75. When securities for executors or adminis- 

may petition trators, or their representatives, mav conceive them- 
for counter i • i r ir - i^ au " • j. c 

security selves in danger of sutiermg by the mismanagement ot 

such executors or administrators, an.d petition the court 
of probate for relief, in writing, setting forth the cause 
of such apprehension ; the said court shall examine such 
petition, and if the judge thereof shall deem the causes 
therein stated and set forth, sufficient to entitle, such pe- 
titioner or petitioners to relief, if true, he shall summon 
such executor or administrator, to shew cause against 
such petition, and may thereupon dismiss the same, or 
direct such executor or administrator, in his discretion, 
either to give good counter security to save such peti- 
New bond tioner or petitioners harmless, t)r io give a new bond in 
may be taken ^jjg like penalty as tlie first; and such new bond shall 
have relation back to the time of granting letters testa- 
mentary or of administration, and shall be as effectual in 
On refusal or every respect, as if the same had been executed before 
neglect letters g^^l^ letters had been granted; and upon refusal or neg- 
lect to give bond de novo, or counter security, as afore* 
said,the letters granted to such executor or administrator 
may be revoked, and letters of administration with the 
willannexed,orde bonis non, grantedihereon as aforesaid- 
Sec. 76. In all cases where a new bond shall be re- 
quired to be given, by an executor or administrator, as 
aforesaid, the formal part of the bond shall be as here- 
Condition tofore prescribed, with a condition thereto, in the fol- 
lowing form, to- wit: "The condition of the above obli- 
gation is such, that whereas the above bound A B, exec- 
utor of the last will and testament of J K, deceased, 
(or administrator of the goods and chattels, rights and 
credits, of J K, deceased,) has heretofore executed a 
bond, payable to the people of the state of Illinois, and 
conditioned for the discharge of his duties as executor 
(or administrator,) as aforesaid, which said bond bears 
date on the day of A. D. 18 ; and 

whereas by an order of the court of probate, made on 
the day of A. D. 18 other bond and 

security has been required of the said executor (or ad- 
ministrator,) now, therefore, if the said executor, (or ad- 
ministrator,) shall well and truly have kept and perform- 
ed, and shall well and truly keep and perform, the con- 
dition of the bond first given as aforesaid, in all respects. 



WILLS, TESTAMENTS, AC. 



219 



accoifling to law, and sh?;ll In aii i -snects have per- 
formed, and / sliall coniin'ie to perform trie duties 
of his ofiice aforesaid, i en tiiid obligation to be 
void, otberw^ise to reuiain in fuil force and virtue." 
Which bond hall be sig ^ed, sealed, attested, and filed in 
all other respects as aforesaid. 

Sec. 77. Ju every case wherein letters testamentary, InveRtories 
of administration or of collection are granted, it shall be ^"^^ ^''^'^®" 
the duty of the executor or administrator to make out a 
full and perfect inventory of all such real and personal 
estate, or the proceeds thereof, as shall be committed to 
his superintendance and management, and as shall come 
to his hands, possession or knowledge, whether the same 
shail consist in lands, tenements, hereditaments, annui- 
ties, or rents, or in goods and chattels, and rights and 
credits^ particularly specifying the nature and amount of 
each, or both, as the case may require, and noting dis- 
tinctly the amount in money on hand, the nature of 
each debt due to the deceased, and whether the same 
be sperate, doubtful, or desperate; which said inventory 
shall be returned to the office of the judge of probate 
within three months from the date of the said letters 
testamentary or of administration as aforesaid. 

Sec. 73. On granting any letters testamentary, orof ^pprais^^s 
administration as aforesaid, a warrant or warrants shall ^^^'^^'^ ^ 
issue, under the seal of the court of probate, authori- 
zing th.ee persons of discretion, not related to the de- 
ceased, nor interested in the administration of the 
estate, to appraise the goods, chattels, and personal 
estate of the deceased, known to them, or to be shewn 
by the executor or administrator, which warrant shall 
be in the following form, to-wit: "The people of the Form of ware- 
state of Illinois to A B, C D, and E F, of the county of rant 

and state of Illinois, Greeting: This is to author- 
ize you, jointly, to appraise the goods, chattels, and 
personal estate of J K, late of the county of and 

state of deceased, so far as the same shall come to 

your sight and knowledge, each of you having first 
taken the oath (or affirmation) hereto annexed ; a certifi- 
cate v*?hereof you are to return, annexed to an appraise- 
ment bill of said goods, chattels, and personal estate, by 
you appraised, m dollars and cents, and in the said bill 
of appraisement you are to set down in a column or 
columns, opposite to each article appraised, the value 
thereof. Witness, L M, judge of probate for the snid 
county of at his office in this day of 

A. D. 1 8 

[Seal.] L M, judge of probate^ 



220 WILLS, TESTAMENTS, &C. 

For wnich said warrant the judge of probate shall re- 
Fee to judge ceive the sum of twenty-iive cents, and no more. And 
on the death, refusal to act, or neglect of any such ap- 
praiser, another warrant, in form as aforesaid, may forth- 
with issue in its stead. 
Oath to be Sec. 79. The appraisers, before they proceed to the 

taken by ap- appraisement of the estate, shall take the following oath 
praisers ^^^ affirmation,) to be annexed to, or endorsed on the 

warrant of appointment as aforesaid, beiore any person 
authorized to administer an oath, viz: "You, and each 
of you, do solemnly swear, (or affirm,) that you will well 
and truly, without partiality or prejudice, value and ap- 
praise the goods, chattels and personal estate of J K 
deceased, so far as the same shall come to your sight 
and knowledge; atid that you will in all respects per- 
form your duty as appraisers to the best of your skill 
Their duty and judgment." After which the said appraisers shall 
proceed as conveniently as may be to the discharge of 
their duty, and shall set down each article with the 
value thereofj in dollars and cents as aforesaid. All the 
valuations shall be set down on the right hand side of 
the paper in one or more columns, in figures, opposite 
to their respective articles of property, and the contents 
of each column shall be cast up, and set at the foot of 
each column respectively. 
Appraisement Sec. 80. When the bill of appraisement shall be com- 
certified,withp]eted, the appraisers ^hall certify the same under their 
oath a'nnexed f^^^^^s and seals, with a certificate of the oath (or affirm- 
ation,) to be taken by them, thereto annexed; and shall 
deliver the same into the hands of the executor or ad- 
ministrator, to be by him returned into the office of the 
When to be J^^^S^ ^^ probate, within three months from the date of 
returned his letters testamentary, or of adrtilnistration. 
Inventories, Sec. 81. Inventories and bills of appraisement, and 
&c. may be authenticated copies thereof, may be given in evidence in 
deiTcy" ^^^' ^"y ^"'^' ^y ^^ against the executor or administrator, 
but shall not be conclusive for, or against him, if any 
other testimony be given, that the ^estate was really 
worth, or w^as bona fide sold for more or less than the 
appraised value thereof. 
Inventory of Sec. 82, Whenever personal property of any kind, 
farther assets or assets, shall come to the possession or knowledge of 

iio w to hf* pp • 

turned. ^"^ executor or administrator, which shall not have 

been mentioned and included in the inventory and bill of 
appraisement as aforesaid, an account or inventory of 
the same shall h^. returned to the office of the judge of 
probate, appraised by three disinterested sworn apprais^ 



WILLS, TESTAMENTS, &€. 



221 



ers as aforesaid, within three months after discovery 
shall be made of the same. 

Sec. 8.3. Each and every appraiser appointed under Compensa- 
this act, shall be entitled to the sum of seventy-five cents tio'i to ap- 
per day for each day's necessary attendance in making P^^^' 
all such appraisements, and bills thereof, as aforesaid, to 
be allowed by the judge of probate, and paid upon his 
order by the executor or administrator, and charged to 
the account of the estate. 

Sec. 84. When the estate of any testator or intes- Widow may 

tate shall have been appraised, and the same shall be ?is- *^^® ^®', P^^J^ 

certained to be entirely solvent, and free from debt or tides apprais- 

i rile umbra nee; or where there shall be a sufficiency ofed, orthe a- 

monev or assets in the hands of the executor to pav such mount thereof 

in monev 
debts, independent of the property mentioned in such 

Inventory and bill of appraisement, it shall be lawful for 
the w^idow to make her election, whether she will take 
that part of the personal estate to which she may be 
entitled by right of dower, or otherwise, out of the arti- 
cles mentioned in such bill of appraisement according to 
the appraised value thereof, or the amount thereof in 
money, whenever thti same shall be sold, and the money 
collected therefor; or she may take a {)art in property Or part in 

and a part in money, as she may prefer. And in all such P'"op?''t3'i ^^'^ 
., 1 11 1 .11, /» .1 * . 1 . . part m money 

cases it shall be the duty ot the executor or admmistra- 

tor to notify the widow as soon as such appraisement 

shall be made, and to set apart to her such article or 

articles of property, not exceeding the amount to which 

she may be entitled, and as she may prefer or select, 

within thirty days after written application shall be To make ap. 

made for that purpose by such widow: and if any such plication in 

. J • • i. J 1 11 1 i. r A writingr for 

executor or administrator sliali neglect or refuse to com- g^^^ property 

plj' with the foregoing requisition, when application shall as she may 
be made for that purpose, he shall forfeit and pay for the select 
use of such widow the sum of twenty dollars per month, 
for each mouth's delay to set apart said property so select- 
ed, after the said term of thirty days shall have elapsed, 
to be recovered in the name of the people of the state 
of Illinois, for the use of such widow, in any court hay- 
. ing jurisdiction of the same. 

Sec. 85. Executors and administrators shall, in ad- FHrther in-, 
dition to the inventory and billof appraisement required v-P*^o'*y ^^^^ 
to be made as aforesaid, make a further inventory froni {"^g^^g'^j^ 
time to time, of all moneys, judgments, bonds, promisso- 
ry notes, open acc«wints, or other evidences of debts; 
also, of his titles to estates, both real and personal, as 
well equitable as legal, specifying the HnA^ quai^titjy 

W 



2'22 WILLS, TESTA.llENTS, <k€, 

quality, situation and value of such real estate, by wl^at 
title held, and from whom purchased, if known, the debts 
appearing to be due, or to become due to such testator 
or intestate, the names of the persons by whom owing, 
date of the contracts, and amount of interest accruing 
on the same, with such other and further description of 
the said estate, the books, papers, and evidences of title, 
so as to make the same as full and perfect as possible; 
which said inventory, when made, shall be filed in the 
. no hie office of the judge of probate, as is required in other 

cases by this act. 

Court mav Sec 86. If any executor or administrator, or other 

cite persons person interested in any estate, shall state upon oath to 

be exa^'^'ned ^"y ^^"^^ ^^ probate, that they believe that any person 

touching the has in possession, or has concealed or embezzled any 

concealment goods, chattels, moneys, or effects, books of account, 

oi anj goo&s, p^pgj,^^ ^^ ^^^ evidences of debt whatever, or titles to 

land, belonging to any deceased person, the court shall 

require such person to appear before them by citation, 

and may examine him or her on oath, touching the 

• -, same, and if such person shall refuse to answer such 
V n rfiius&i to 

answer,or tie- proper interrogatories as may be propounded by the 

iiver up prop- court, or person interested as aforesaid, or shall refuse 

erty, court ^^ deliver up such propertv or effects as aforesaid, 
may commit • -i- i • j r .1 ^ r 

iheui to jail upon a requisition being made lor that purpose by an 

order of the said court of probate, such court may com- 
mit such person to jail, until he or she shall comply with 
the order of th.^ court therein. 
Accounts Sec. 87. The books of account of any deceased 

subject to person shall be subject to the inspection of all persons 
inspection interested therein. 

To what ex- ^EC. 88. Executors and administrators shall be 
tent ex'rs and chargeable With so much of the estate, whether real, 
adm'rs shall personal, or mixed, or the proceeds thereof, of their 
testator or intestate as they, after due and proper dili- 
gence, shall recover and receive. 
Sales of real ^'Ec. 89. In all cases where power is or may be given 
estate under in any wijl, to sell and dispose of any real estate, or in- 
the will te bej-gj,gg|. ^j^erein, and the same be sold and disposed of In 
the manner, and by the persons appointed in such will, 
the sales shall be good and valid; and where one or more 
executors shall depart this life l)efore such sales be made, 
the survivor or survivors shall have the same power, 
and their sales shall be good and valid as though they 
all joined in such sale. 
If ex'r &c re- Sec. 90. No executor or administrator shall, under 

move proper- anv pretence whatever, remove any property whatsoever 
ty out of the ' ^ . r r .? 



WILLS, TESTAMENTS, &,6. 



im 



\vhere\:^'ithsuch administrator or executor may be cbarg- state, letters 
ed by virtue of his letters, beyond the limits of this state ; ^nd ImTin-^^ 
and in case any such executor or administrator shall re-stituted 
move such property, it shail be the duty of the judge of against him 
probate, forthwith, to revoke his letters, an-d to cause a 
suit to be instituted, on his bend, against him and liis se- 
curities, for the use of the persons interested in said es- 
tate ; and the jury trying such cause shall, on satisfactory 
evidence of the removal of the property as aforesaid, 
render a verdict against the offender or offenders and 
his securities, for the full value thereof, and such other ' 3 

damages as the parties interested ma}- have sustained by 
reason thereof: and letters ofadministration on said estate 
shall issue to the next person t^r persons entitled, as m 
other cases. • 

Sec. 91. The executor or administrator sliall, as soonSa^eof per- j 

as convenient, after making the inventory and appraise- ^°°P^°P®^^ | 

ment, as hereinbefore directed, sell at public sale all the \ 

personal property, goods and chattels of the testator or 
intestate, not reserved to the widow as aforesaid, and 
also excepting specific legacies and bequests, where the 
estate is sufficient to discharge the debts over and above \ 

such specific legacies and bequests, upon giving three 
weeks notice of the time and place of such sale, by at Notice to hfl 
least four advertisements, setup in the most public pla-S^^^" 
ces in the county where the sale is to be made, or by in- i 

serting an advertisement in the nearest or most public ^. ^ 

newspaper printed in this state to the place of such sale, I ^ 

at least four wrecks successively, previous thereto, upon a 
credit of not less than six nor more than twelve months, 
by taking bond with good security of the purchasers at 
such sale, Provided^ That such executor or administra- Proviso 
tor may make it a part of the condition of such sale, that 
purchat^s under the sum of five dollars shall be paid 
in hand: And provided further^ That if any testator shall Further 
direct that his estate shall not be sold, the same shall be P^°^*^^ 
preserved in kind, and distributed accordingly, unless 
such sale should become absolutely necessary for the 
payment of the debts and charges against the estate of 
such testator. 

Sec. 92. If any executor or administrator shail be of Crop growing, 
opinion that it would be of advantage to the estate of ^^^"^ ^"^ ! 

the testator or intestate to dispose of the crop growing g^^j^J^ ™^^ ^ \ 

at the time of his or her decease, the same shall be in* | 

ventoried, appraised, and sold, at the same time, and in 
Jthe same manner, as is directed in the preceding section ; 
b!it if such executor or administrator shall believe that 



224 WILLS, TESTAMENTS, At. 

it would be of more advantage to the estate to go on and 
finish the same, previous to such sale, he shall be author- 
ized so to do, and the proceeds of such crop, after de- 
ducting all necessary expenses for cultivating, gathering 
and making sale of the same, shall be assets in the hands 
of such executor or administrator, and subject to the 
payment of debts and legacies, and to distiibution as 
aforesaid. 
Clerks and g£c. 93. In ail public sales of property, made in 

emp^loyed ^ pursuance of this act, as aforesaid, the executor or ex- 
ecutors, administrator or administrators, may employ 
the necessary clerks and a crier, who shall be allowed 
l^eir com- such compensation, not exceeding two dollars per day, 
peasution ^^ ^|^^ court of probate may judge reasonable, to be 
paid by such executors or administrators, and charged 
Sales to be ^^ ^^^^ estate. AH such sales shall be made between the 
madebeivveen hours of ten o'clock in the forenoon, and five o'clock in 
5^p\i^^ ^"^Whe afternoon of each day; and any such as shall be 
made before, or after the time herein limited, shall be 
Void. 
Sale bill to be Sec. 94. All executors and administrators shall, im- 
certified, and mediately after making such sales as aforesaid, make, or 
return made caij^e ^q be made, a bill of the sales of said estate, de- 
scribing particularly each article of property sold, to 
whom sold, and at what price; which sale bill, when 
thus made, and certified by the clerk of such sale, and 
the crier thereof, as true and correct, shall be returned 
into the office of the judge of probate, in the like time 
as is required in cases of inventories aiKl appraisements. 
Persons hav- Sec. 95. It shall be the duty of all executors and 
ing claims administrators, as soon as they are qualified as such, to 

against dec'd ^auso an advertisement to be published in the nearest 

to be notified • . i • .1 • , . r r t 

by advertise- newspaper prmted in this state, ror tour weeks succes- 

ment to ex- si vely, notifying and requesting all persons having claims 
hibitsame against the deceased, to exhibit the same to such execu- 
tor or administrator, or to the court of probate for tlie 
proper county, for settlement within nine months from 
the date of such advertisement, in order that such ex- 
ecutor or administrator may certainly know the number 
and amount of claims against said estate, preparatory 
to the liquidation and payment of the same, and also to 
enable him to ascertain whether the estate be insolvent 
Proviso or not: Provided^ That if the appraised value of any 

such estate shall not exceed the sum of one hundred 
and fifty dollars, the notice aforesaid may be given by 
putting up advertisements in four of the most public 
places in the county. 



WILLS, TESTAMENTS, iC. 



^2o 



Sec. 96. Any creditor, whose debt or claim against J^ebt not due 
the estate is not due, may nevertheless present the same J^^J beeihih- 
for allowance and settlement, and shall thereupon be 
considered as a creditor under this act, and shall receive 
a dividend of the said testator's or intestate's estate, af- 
ter deducting a rebate of interest for what he shall re- 
ceive on such debt,to be computed from the time of the 
actual payment thereof, to the time such debt would 
have become due, according to the tenor and effect of 
the contract. 

Sec. 97. No action shall be maintainable against any When action 
executor or administrator, for any debt due from the Qiay be 
testator or intestate, until the expiration of one year "^j!VJ^^g^^*"^^^^^_ 
after the taking out of letters testamentary or of admin- utor or adm'r 
istration, except as is herein excepted * nor shall any 
person, suing after that time, recover costs against such 
executor or administrator, unless a demand be proved 
before the commencement of such suit; but in all other 
cases, both executors and administrators shall be liable 
to pay costs as other persons. 

Sec. 98. When any executor or administrator, whose ^"^^len person- 
testator or intestate shall have died seized of any real ^^^^^^^^ ^"' 

1 . 1 ji T II sufficient, 

estate m this state, shall discover or suspect that the land to be sold 

personal estate of such testator or intestate is insufficient 
to pay the just claims against his or her estate, such 
executor or administrator shall, as soon as convenient •3' 
may be, make a just and true account of the said per- 
sonal estate and debts, as far as he or she can discover 
the same, and shall make out a pttition to the circuit Petition to 
court of the county in which administration shall have JJ^ ^•^'^"*''' 
been granted, stating therein what real" estate the said 
testator or intestate died seised of, or so mucli thereof 
as will be necessary to pay his or her debts as aforesaid, 
and request the aid of the said court in the premises: 
and it shall also be the duty of such administrator or ex- 
ecutor, to give at least thirty days notice of tlie timeNotke there 
and place of presenting such petition, by serving a writ-^^ 
ten notice of the same, together with a copy of said ac- 
count and peUtion on each of tlie heirs or their guar- 
dians, or devisees of said testator or intestate, or bv pub- 
lishing a notice in the nearest newspaper, for three weeks 
successively, commencing at least six weeks before the 
presenting of said petition, of the intention of present- 
ing the same to the circuit court, for the sale of the 
whulp, orso much of the real estate of said testator or 
intf^state as will be sTifficient to pay his or her debts, and 
requesting all persons interested in said real estate to 

W* 



•i26 WILLS, TESTA3IENTS» ^C. 

shc^^ cause why it should not be sold for the purposes 
aforesaid. 

Sec. 99. It shall be the duty of the said circuit court, at 
Circuit court the time and place specified in the notice aforesaid, or at 
may order such other time as the said court shall appoint, to hear 
wliole or'ii ^'^^ examine the allegations and proofs of such executor 
part ' or administrator, and of all such other persons interested 

in said estate, as may think proper to resist such sale; 
and if, upon due examination^ the said circuit court shall 
ascertain that the said personal estate of such testator 
or intestate, is not sufficient for the payment of his or her 
debtsi the said court shall order and direct the whole, if 
necessary; but if not, then so much of the said real es- 
tate from time to time as will be sufhcient to pay such 
debts, to be sold as is hereinafter directed: and when a 
part only of such estate is ordered to be sold, such order^ 
shall specify as particularly as may be, the part so order- 
Proviso, as toed to be sold: Provided, ahvays, That wliere any houses 
liouses and and lots, or other real estate are so situated that a part 
'^^^ thereof cannot be sold witiiout manifest prejudice to the 

heirs, or devisees, such court may in its discretion, order 
the sale of the w^iole, or such part thereof as shall not 
be necessary for the payment of debts; and the overplus 
arisinii from such sale shall be distributed amon^j t le 
heirs and devisees, or such other person or persons as 
n.^j be entitled tliereto. v 

IJeedtobc ^EC. 100. All sales of any such real estateMirected to 

made by ex. be made as aforesaid, shall be made, and conveyances ex- 
oradmr. ecuted for the same by the executor or administrator 
applying for such order; which said conveyances shall 
set forth such order at large, and shall be valid and ef- 
fectual against the heirs and devisees of such testator or 
intestate and all other persons claiming by, through, or 
under him, her, or them. 

ci 4. K-,0* Sec. 101. No lands or teneme?its shall be soU by virtue 
Sale to be at i i r i • • r • / i 

j)ublic vendue of an} sucQ order or the circuit court as aforesaid, unless 

;uid between such sale be at public vendue, and between the hours of 

<he hours of ^ o'clock in the forenoon and five oxiock of the after- 
t(Mi and live , i i • 

noon of the same a^y, nor imiess the time and place of 

holding such sale shall have been previously published 
for the space of six weeks successively, by putting up no- 
tices thereof, in at least four of tlie most public places )n 
the county where such real estate shall be sold; pind 
also by causing a similar notice thereof to be publlsiied 
in the nearest newspaper in this state, nor unless such 
real estate shall be described with common certainty in 
the said advertisements: and if any executor or adminis- 



WILLS, TESTAx^IENTS, &C . ^^ * 

trator so ordered to make sale ofany real estate as afore- 
said, shall sell the same contrary to the provisions of this 
act, he shall forfeit and pay the sum of live hundred dol- 
lars, to be recovered by action of debt, in the name of 
the people of the state of lliiuois, for the use of any per- 
son interested who may prosecute for the same: Provided^ 
That no such offence shall be deemed to affect the validity ^^'"^^ °^''''^^ 
of such sale: And provided further^ That it shall be lawful 
for such executor or administrator to sell the same on a cre- 
dit of not less than six, nor more than tv/elve months, by 
taking bond with good security for tlie payment of the 
purchase money, and by taking a mortgage on said land. 

Sec. 102. No part of the real estate of any testator or inventory, ^c 
intestate shall be ordered^to be sold, unless the executor to be filci be- 
er administrator applying for such order, shall have made ^°'"*: ^^''' "* 
and filed an inventory, appraisement bill and sale bill, in ^^^ 
the office of the judge of probate; nor unless such exec- 
utor or administrator shall have first applied the person- 
al estate, or proceeds thereof, or such part thereof as 
shall have come to his possession, towards the payment 
of the debts of the said testator or intestate. 

Sec. 103. In all cases where a petition shall be pre-Circiiit coriirt 
sented for the sale of any real estate, and one or more of ^*^ appoint 
the devisees or heirs of the testator or intestate shall be infant heirs or 
infants, and without a guardian resident in the county in devisees 
^vhich such petition shall be preferred, the circuit court 
to which the same shall be presented shall appoint 
some discreet person as guardian ad litem, for the pur- 
pose of appearing for, and defending the interest of such 
infant or infants in the proceedings therein. 

Sec. 104. Any person or persons claiming: to be as:- ^^'^^^"?,^^" 

. t '■' Tieveu bv 

grieved by any judgment, decree or order, for the sale any decree 
of any such real estate as aforesaid, may appeal from &c. for the 
the same to the supreme court of this state: Provided. ^^l^ ^^ ^^^^ 
Such appeal be entered during the term in which such appeal 
judgment, decree or order shall be made. 

Sec. 105. When any real estate shall at any time be Moneys aris- 
ordered to be sold, the moneys arising: from such sales 1"^'"^°™ ^''^l^^ 

to uG nssGL*5 for 

shall be received by the executor or administrator ap-tiie navment 
plying tor such order, and shall be considered as assets^oi' debts 
in his or her hands for the payment of debts; and shall 
be applied in the same manner as assets arising from the 
sale of personal property. 

Sec 106. In all cases where any testator or intestate Lands pur- 
Dow deceased, or shall hereafter die seized of any lands, ^^^^^^ ^^ *^'® 
the payment whereof has not been completed So the U-pg-jfo" 
nited States, and the estate of such decedantis or shall 



228 WILLS, TESTAMENTS, &C> 

be unable to make complete payment therefor with ad- 
vantage to such eslaie, it shall be lawful for the .adminis- 
trator, executor, or other legal representatives of such 

CerUficates ^gj^gas^d to sell or dispose of the certificate or certifi- 
may be sold "^'-^'-' ' t ... r.i 

cates of entry, or further credit of the same, m sucn man- 
ner as they may deem most advisable for the interest of 
such estate; and the money arising from such sales shall 
be assets in the hands of such executor or administrator, 
as in other cases. 
But if estate Sec. 107. Bat in all cases where the estate of any such 
solvent, pay- testator or intestate shall be solvent, and such lands as a- 
cmiiuleted for foresaid may be patented without prejudice to the estate, 
such lauds it shall be the duty of the executor or administrator to 
complete the payment for the same, by relinquishment 
or out of the proceeds of the personal property, as the 
case may require, in the name of the heirs, or legal re- 
presentatives of the decedant, entitled thereto; and he 
shall be allowed a credit for the amountofsuch payments, 
and all reasonable expenses incurred in making the same, 
upon final settlement of such estate: Provided^ That the 
provisions of this and the preceding section shall, in no 
wise, interfere with the provisions of any last will or 
tcstamenf'as aforesaid. 
If lands or de- Sec. 108. In all cases where the lands, or certificates 
posits have of entry or purchase, of any testator or intestate, on which 
iothe^U^S Partial payments shall have been made as aforesaid, have 
or shall hereafter become forfeited to the United States 
for the non-payment thereof; or where any deposit or 
deposits, or payments of money by way of entry or pur- 
chase of any such lands, or securing the preference of 
purchase thereof, shall have been made by such testator 
or intestate, at any of the land offices in this state, and 
the same have, or shall at any time hereafler, become 
forfeited to the United States, for the non-payment of the 
residue, due, or to become due on said lands; and where 
the congress of the United States has, or shall hereafter 
make provision for a further extension of credit,orforihe 
repayment of the sums thus forfeited to the payors there- 
of, or to their legal representatives, either by the issuing 
of script, granting of lands, or by the actual return of the 
money thus paid as aforesaid ; or shall in any other man- 
ner, provide for the relief of such purchaser or purchas- 
Ex. or adm. ^^s, it shall be lawful for the executor or administrator, 
to avail them- or the legal representatives of such testator or intestate to 
selves of such avail themselves of such provision or relief, for the use 
be afforded^ by *^^^^^ estate, in like manner as such testator or intestate 
congress might or could do, if living at the time, and all such 



WILLS, TESTAMENTS, &C. ^'^^ 

sums of money as may be produced by the sale of any 
such forfeited certifiicates or deposits, or such script as 
may be received in heu thereof, and all such sums as shall 
be repaid in money as aforesaid, on account of any such 
forfeitures, shall be considered as assets in the hands of 
such executor or administrator, and shall be accounted 
for accordingly. 

SECi 109. Whenever an estate is found* to be insolvent, proceedino-s 
it shall be so entered of record by the judge of probate ; when estate 
and after such order so made, no action shall be maintain- ^^^l.^ ^^ mso^ 
ed against the executors or administrators, except at the 
costs of the party suing: but persons entitled shall re- 
ceive their proportions of said estate^ in the manner 
herein provided for; and whenever the real estate shall 
be required to be sold for the payment of debts, no suit 
shall be maintained until the money is received for such 
real estate, and an order made by said court, directing 
the executor or administrator to pay out the same, as 
required in this act, and the court of probate may make 
all necessary orders to coerce the executor or adminis- 
trator to make immediate application to the circuit court 
for the sale of such real estate. 

Sec. 1 10. All demands aojainst the estate of any tes- ^ 
tator or intestate shall be divided into classes in manner ^j,ijjst the e^- 
following, to wit: 1st. All funeral and other expenses at- tate divided 
tending the last sickness, shall compose the first class. — *"^° classes 
2d. All expenses of proving the will, and taking out 
letters testamentary or of administration, and set^^lement 
of the estate and the physician's bill in the last illness of 
the deceased shall compose the second class. 3d. Where 
any executor, administrator or guardian has received 
money as such, his executor or administrator shall pay 
out of his estate the amount thus received and not ac- 
counted for, which shall compose the third class. 4th. 
All other debts and demands of whatsoever kind, with- 
out regard to quality or dignity, which shall be exhibit- 
ed within two years from the granting of letters as afore- i 
said, shall compose the fourth and last class. , And all ^'pt exhiHted |, 

demands, not exhibited within two years as aforesaid,^* ^^. 

. -. vefirs t<! D6 

shall be forever barred, unless such creditor shall find forever barred 

other estate of the deceased, not inventoried or account- 
ed for by the executor or administrator; in which case 
his claim shall be paid joro rato, out of such subsequently 
discovered estate ; saving, however, tofemes covert^ infants, Proviso 
persons of unsound mind, or imprisoned, or beyond the 
seas, the term of two years after their respective disa- 
bilities be removed, to •xhibit their claims. 



"230 WILLS, TESTAMENTS, &C. 

jn what man- Sec. 1 1 1. The manner of exhibiting claims against 
!ier claims ^]^q estate of any testator or intestate, may be by serving 
ujay beexhib- ^ ^^^^^^ ^^ g^^^^ cjaim on the executors or administrators, 
or presenting them the account, or tihng the account, or 
a copy thereof with the judge of probate. 
Powers of Sec. 112. The courts of probate in their respective 

courts of pro- counties shall have concurrent power with the circuit 
'^^^^^ courts of adjudicating and allowing or rejecting claims 

exhibited against estates, not exceeding one hundred dol- 
lars, and on all sums above twenty dollars either party' 
may have a jury; and for that purpose shall have pow- 
er to summon v/itnesses, to grant orders. for taking depo- 
sitions in the manner prescribed in courts of law, and to 
make all such other orders in the premises, as may be ne- 
cessary, and persons having claims as aforesaid, upon 
giving the executor or administrator ten days' notice of 
(he time they intend to present the same to said court, 
the court upon examination shall allow or reject such 
claims: Provided, The court may allow further time for 
either party to produce other or further evidence in his 
favor: Provided, also, Thatjudgments regularly obtained, 
and a copy thereof duly certified and filed with the court 
of probate shall be taken as duly proven; and all instru- 
ments in writing, signed by the testator or intestate, if 
the hand writing be proven, and nothing be shewn to the 
contrary, shall be deemed duly proved. 
Claim notto Sec. 113. In no case shall any person making a claim 
the'^oat^h^ f ^ against the estate of any testator or intestate be permit- 
the party ^^^ to prove the same by his or her own oath. 
Claims when Sec*114. All claims and demands against estates, when 
allowed to be allowed by the court of probate as aforesaid, shall be 
classed and classed and paid by the executor or administrator in the 
manner provided in this act, commencing with the first 
class, and when the estate is insufiicient to pay the whole 
of the demands, such demands in anyone class shall be 
Paid accord- paid pro rota, whether the same shall be due by judg- 
*"2 ^ ment, writing obligatory, or otherwise, except in such 

cases as shall be herein excepted. 
Demand of ^Ec. 115. When any executor or administrator shall 
any executor have any demand against his testator or intestate's estate, 
be HM *•' ^° ^^^ ^^^^' '■ ^ required to file his demand with the court of 
court of pro- Probate, as other persons, and the court shall appoint 
bate some discrc et person to appear and manage the defence 

for the estate, and upon a final hearing, said court shall 
allow said demnnd, or such part thereof as shall be legal- 
ly established, or reject the same, as to said court shall 
appear just. Should an executor ?\' administrator appeal. 



WILLS, TESTAMENTS, &C. 231 

in such case, the court ofprobate shall appoint sonfie per- 
son to defend a? aforesaid. 

Sec. 116. Tlie court of probate shall make an entry of Court to 
all demands allowed against estates, and file and preserve ^^'^^'^ entry 
the papers belonf^ing to the same, and sball also class je'^^andT ^*'' 
said demands as is required hy this act, and when any ex- 
ecutor or administrator shall pay any claim, before the 
same is allowed as aforesaid, said court shall require 
such executor or administrator to f stablish the validity 
o[ such claim, by the like evidence as is required in 
other cases, before the same is classed and he credited 
therewith. 

Sec 117. The judges of the courts of probate shall 
provide well bound books, and enter therein the accounts bo°oks°^^^^ 
of elecutors and administrators, so as to make the same 
^ complete record of all accounts allowed, and all set- 
tlements of estates made in said court. 

Sec. 118. All executors and administrators shall ex-^^j^^^ g^_ 
hibit accounts of their administration for settlement, to counts 
the court of probate from which the letters testamentary to be exhibit- 
or of administration were obtained, at the first term ^^^*°^ at^the 
thereof which shall happen after the expiration of one first termaf- 
year after the date of their letters as aforesaid; and in ter the cxpir- 

like manner every twelve months thereafter, or sooner if ^t^°" ^ °"^ 
■ •' ' year 

required, until the duties of their administration be fully 
completed. 

Sec, 1 19. Upon each and every settlement of the ac- when mo- 
counts of any executor or administrator, as provided bynejs are in- 

this act, it shall be the duty of the court to ascertain the s"fficieut to 

11 1. r 1 • 1 I 11 1_ • 1 xu tli'^charjfe the 

whole amount oi moneys which shall have come into the debts credi- 

hands of such executor or administrator, belonging to the tors to be paid 
estate of the deceased, and the whole amount of debts es-P^° ^^^^ 
tablished against such estate, and if there be not suffici- 
ent to pay the whole of the debts, the moneys aforesaid 
shall be appropriated among the several creditors, pro 
?'a/fir, according to their several rights, as established by 
this act, and thereupon the court shall make an order, 
directing such executor or administrator to pay the 
claims which have been allowed by the court, according 
to such apportionments ; and the court, upon each and ev- 
ery settlement, shall proceed in like manner, until the 
whole debts be paid or the assets exhausted. 

Sec 120. Whenever it shall appear that the per= 
sonal estate of any person deceased, is insufficient to dis-^j^f^^^^^Jg^^l 
charge the debts of such estate, and there is real estate sufficient, 
belonging to the same, the court of probate shall make court to pre- 
outsuch an abstract, from its records, of the debts and ^^^^^^,^^1.^^^^^!^ 



2S2 



WILLS, TESTAMENTS, &C. 



&c. to be pre 
sen ted to the 
circuit oouit 



Land to be 
sold 



Proceedings 
against delin- 
quent execu- 
tors or adm'rs 



"When assets 
are sudicient, 
court \.o order 
payment of 
all legacies 

Money &;c. 
before paid to 
heir, to be 
taken into 
account 

Proviso 



Bonds to be 
given by lega- 
tees or dis- 
tributees 



credits of such estate, and of the lands owned by such 
testator or intestate, from the inventory of suc^ estate, 
whether the title be complete or not; which abstract 
shall be presented to the Circuit Court, by the executor 
or administrator, who may then obtain an order to sell 
the same, in the manner hereinbefore directed, and the 
proceeds of such sales shall be assets in the hands of 
such executor oradministrator, for the payment of debts, 
and be subject to the same order by the court of pro- 
bate in the payment of debts, as other assets. 

Sec. 121. If any executor or administrator shall fail, 
or refuse to pay over any moneys or dividend to any 
person entitled thereto, in pursuance of the order of the 
court of probate, lawfully made, within thirty days after 
demand made for such moneys or dividend, the court of 
probate, upon application made, shall attach such delin- 
quent executor or administrator, and may cause him to 
be imprisoned until he shall comply with the order a- 
foresaid, or until such delinquent is discharged by due 
course of law; and moreover,such failure or refusal on the 
part of such executor or administrator, shall be deemed 
and taken in law to amount to a devaHnvit, and an action 
upon such executor's or administrator's bond, and against 
bis or their securities, may be forthwith instituted and 
maintained; and the failure aforesaid to pay such moneys 
or dividend shall be a sufficient breach to authorize a. 
recovery thereon. 

Sec. 122. Whenever it shall appear that there are 
sufficient assets to satisfy all demands against the estate, 
the court of probate shall order the payment of all leg- 
acies mentioned in the will of the testator, the specific 
legacies being first satisfied. 

Sec 123. Where any heir of an intestate has re- 
ceived money, goods, chattels, or real estate from such 
intestate, if the amount so received shall be charged to 
such heir by said intestate, the same shall be taken into 
computation in making distribution of the estate upon 
being brought into hotchpot as aforesaid: Provided, That 
an heir who has received from the intestate more than 
his share, shal] in no case be required to refund. 

Sec. 124. Executors and administrators shall not be 
compelled to pay legatees or distributees until bond and 
security be given by such legatees or distributees to re- 
fund the due proportion of any debt which may after- 
wards appear against the estate, and the costs attending 
the recovery thereof; such bond shall be made payable 
to such executor or administrator and shall be for his 
indemnity^ and filed in the court of probate. 



WILLS, TESTAxlIENTS, &0. 



233 



Sec. 125. Where, at any time after the payment offo what cases 
legacies or distributive shares, it shall become necessary b^*^Je^funcied" 
that the same or any part thereof be refunded for the by legatees ot 
payment of debts, it shall be the duty of the court of distributees 
probate, on application made, to apportion the same 
among the several legatees or distributees, according to 
the amount received by them, except the specific legaT 
cies, which shall in no case be required to be refunded, 
unless the residue be insufficient to satisfy such debts; 
and if any distributee or legatee shall refuse to refund, 
according to the order of the court of probate, made 
as aforesaid, within sixty days thereafter, and upon de- 
mand made such refusal shall be deemed a breach of his 
bond given to the executor or administrator as aforesaid, 
and an action may be instituted thereon to the use of 
such party entitled; and in all cases where there may bo 
no bond, an action of debt may be maintained against 
such distributee or legatee, and the order of the court of 
probate shall be evidence of the demand. 

Sec. 126. Where there are two or more executors or Action by one 
administrators of an estate, and any one of them take a^r^nst^^ ^^ " 
all or a greater part of such estate, and refuse to pay another 
the debts of the testator or intestate, or refuse to ac- 
count with the other executors,or administrators in such 
case the executor or administrator so aggrieved may 
have his action of account, or suit in equity, against such 
delinquent executor or administrator, and recover such 
proportionate share of said estate as shall belong to him ; 
and every executor being a residuary legatee, may have 
an action of account, or suit in equity, against his co-ex- 
ecutor or co-executors, and recover his part of the estate 
in his or their hands, and any other legatee may have 
the like remedy against the executors: Provided, That 
before any action shall be commenced for legacies as 
aforesaid, the court of probate shall make an order di- ^ 
recting them to be paid. 

Sec. 1 27. Actions of trover, detinue, or replevin. Actions that 
shall survive for and against executors and administra-^"''^*^® 
tors, and may be maintained in the same manner and 
with like effect as such actions could be for or against 
their testator or intestate, if living. 

Sec 128. When the mortgagee of anyjands or ten- Mortgagee 
ements shall die, leaving minor heirs, the executors or |felrs° hi^'exl 
admimstrators of such mortgagee bhall be, and they are ecutor &c. to 
her /uy authorized, on receiving the amount due the es- release the 
tate of such deceased mortgagee, to release to the mort- ^^ ^'^'^ 



ti34 



WILLS, TESTAMENTS, &C. 



Ex'r &c. to 
give bond 



Moneys so 
raised to be 
assets 



gagor the legal title of the said mortgaged premises, 

iuid such deed of release shall be valid. 

iteal estate Sec. 129. Real estate may be mortgaged or leased 

maybe mort- j^^ executors or guardians: Provided Such mortgage or 

td by ex'rs or lease shall not be for a longer term than until the heir 

guardians entitled to such estate shall attain the age of twenty-one 

years if a male, or eighteen years if a female. 

Sec. 130. Before any mortgage or lease shall be 

Under the an- made as aforesaid, the executois or guardians shall peti- 

thontyof <^he ^^^^^ ^^^ court of probate for an order authorizinsj such 
court 01 pro- \ -, i i • i ,i , 

bate mortgage or lease to be made, and which the court may 

grant, if the interests of the estate may require it: Pro- 
vided, That the executor or guardian making applica- 
tion as aforesaid, upon obtaining such order, shall enter 
into bond with good security, faithfully to apply the mo- 
neys to be raised upon such mortgage or lease to the 
payment of the debts of the testator, or for the benefit 
of the ward or wards of such guardian: and all moneys 
so raised, shall be assets in the 'hands of such executor, 
for the payment of debts, and shall be subject to the or- 
der of the court of probate, in the same manner as 
other assets, or shall be applied to the use of such ward 
or wards, where the same shall be received by a guar- 
dian as aforesaid. 

Sec 131. Executors and administrators shall be al- 
lowed as a compensation for their trouble a sum net ex- 
ceeding six per centum on the whole amount of person- 
al estate, and not exceeding three per cent, on the money 
arising from the sales or letting of land, with such addi- 
tional allowances for costs and charges in collecting and 
defending the claims ol the estate and disposing of the- 
same as shall be reasonable. 

Sec. 132. If any executor or administrator shall fail 
against ex'r. ^^ comply with tlie provisions of this act, or shall fail to 
admr. or seen- comply with any or all of the covenants in his bond, an 
nties, or both action may be forthwith instituted and maintained upon 
such bond against the principal or securities, or both; 
and the failure aforesaid shall be a sufficient breach to 
'authorize a recovery in the same manner as though a 
devastavit had been previously established against such 
executor or administrator. 

Sec. 133. Appeals shall be allowed from all judg- 
ments, orders, or decrees, of the court of probate to the 
circuit court, in favor of any person who may co:i^ider 
himself or herself aggrieved by any judgment, o.^^er 
or tiecree of the court of probate us aforesaid, and "rcVn 
the ciifcuit court to the supreme court as in other case?^ 



Compensa- 
tion to ex'rs 
and adm'rs 



Action may 
be maintained 



Appeals al- 
lowed from 
the court of 
pwbate 



WILLS, TESTAMENTS, ^^C. 

Sec» 134. Appeals from the court of probate shall be , ^ 
taken within ninety days from the rendition of the }^'j^^" "^"^* 
judgment, or order appealed from, and not thereafter, rendition of 
The party appealing shall make out, and tender to the judgment 
judge of probate, within the time aforesaid, a statement, 
in the nature of a bill of exceptions, setting forth each ^iJi of excep- 
item, opinion or decision objected to, and the order, ^^^"^ 
judgment, or decree of the court thereon, and the judge 
of probate shall sign and seal the same; and he shall 
thereupon make out a transcript of the record, and pro- '^"■''^""^"^^^ ^^ 
ceedings relative to the items, opinions or decisions so ' 

excepted to and appealed from, and transmit the same 
to the clerk of the circuit court, who shall docket the 
same. 

Sej:. 135. When an appeal shall be taken to the cir- 
cuit court as aforesaid, the court of probate shall sus- ^^^^ ^" ^P= 
pend all proceedings upon such claim, or matter in con- f^ken court^ 
troversj, until a decision shall be had thereon; the cir-to suspend 
cuit court in all cases of appeal, shall proceed de noro, Proceedings 
as to the judgments and orders appealed from; and claims 
for debts may be tried by a jury as in other cases. Where ^U"^^?"^?*! 
the judgment of the court of probate shall be fiffirmed,^^ ^™ ^,^^4^ ' 
upon such appeal, the clerk of the circuit court shall certify 
certify the same to the court of probate. Where the 
judgment aforesaid shall be reversed, the circuit court ^^^^^^q J pro, 
shall proceed to give such judgment as the court of pro- bate to pro- 
bate ought to have given, and the same shall be certified ^^ed agreen-. 
to the court of probate, and said court shall enter the ^J^^^^^^^^ 
same upon its records, and shall proceed therein agree- 
ably to the order or decision of the circuit court. 

Sec. 136. The party appealing as aforesaid shall, at Party appeal- 
the time of taking such appeal, file with the judge of pro- >ng to give 
bate a bond with good security, payable to the people of ^°" 
the state, conditioned to prosecute his appeal, and to pay 
all costs, should the judgment be affirmed ; and said bond 
may be put in suit by, and for the use of the paity enti- 
tled to such costs. 

Sec. 1 37. The courts of probate respectively, shall Power of 
have power to enforce due observance of all orders, de-^^"*"'*® ®"" 
cisions, judgments, and decrees, which shall at any time anceof order' 
be made in the discharge of their official duties, and may decisions, &c.' 
issue attachments for any contempt offered such court, or 
its process, by any executor, administratoi , witness or 
other person or persons, and may fine and imprison, or 
either, all such offenders, in the same manner as the cir- 
cuit courts may or can do, in all similar cases, except in 
such cases as have been hereinbefore provided for; and 



236 



WILLS^ TESTAMENTS, AC. 



Proviso, as to 
fiue, &c. 



Sheriff to at- 
tend the court 
when requir- 
ed 



And serve 

process 



His compen- 
s;i tion 



Administra- 
tions not com- 
pleted when 
this act takes 
effect, to be 
deemed with- 
in the provi- 
sions of it, as 
far as appli- 
cable 



Proviso 



Law3 repeal- 
ed 



provided.) that the fine inflicted in such cases shall in no 
instance exceed the sum of fifty dollars,nor shall any such 
imprisonment be extended beyond the term of t wentydays. 

Sec. 138. For the purpose of enabling the courts of 
probate respectively to execute the powers vested in 
them by this act, it shall be the duty of the sherifFof each 
county in which such courts shall be held, when required 
by the judge of probate, to attend all regular and special 
sittings of said court, either by himself or deputy, and 
to keep and preserve good order in the same; and also 
to serve and execute all writs of attachment, summonses, 
subpoenas, citations, notices and other processes, which 
may at any time, be legally issued by such judge of pro- 
bate, and to make due return thereof. And all such 
sheriffs shall be entitled to the same fees and compensa- 
tion as is, or may be allowed, for the time being, for the 
performance of similar services in the circuit courts, to 
be taxed, and allowed by the court of probate, against 
the county, party liable, or delinquent, (as near as may 
be applicable,) according to the rules, and practice in 
said circuit courts respectively. 

Sec. 139. In all cases where executors and adminis- 
trators have becQ heretofore appointed, and who shall not 
have completed their respective administrations, or exe- 
cutorships, before this act takes effect; such executors 
or administrators shall be deemed to be within the pro- 
visions of this act, in relation to the revocation of their 
powers, giving of new or additional bonds, bonds to save 
securities harmless, and in relation to the payment of 
debts to creditors, and the remainder of the estate to 
the distributees, and in relation to the performance of 
their duties generally, wherever the provisions of this 
act shall be deemed applicable; and the courts of pro- 
bate in such cases shall cause the settlements to be made, 
and the administrations completed according to the. rules 
and regulations herein prescribed without delay : Pro- 
vided, That no executor or administrator shall be liable 
for any act done or performed by him as such in confor- 
mity with the existing laws, or such laws as may be in 
force at the time this act takes effect. 

Sec. 140. The act entitled '^An act to regulate ad- 
ministrations, and the descent of intestates' estates, and 
for other purposes," approved March 23, 1819; "An act 
to authorize executors and administrators to sell real es- 
tate in certain cases," approved January 28, 1823; ^'Aw 
act to amend an act entitled 'an act regulating adminis- 
trations, and the descent of intestates' estates, and for 



WILLS, TESTAMENTS, AC. 



"237 



other purposes," approved February 12, 1823; « An 
act to authorize the appointment of public administra- 
tors," approved January 10, 1825; " An act to author- 
ize executors and administrators to sell real estate in 
certain cases, approved February 7, 1827; "An act to 
enable aliens to hold real estate," approved February 
7, 1827; and all other laws and acts, or parts of laws 
and acts, conflicting with any of the provisions of this act, 
be, and the same are hereby repealed: Provided^ '^^^*^ Rights saved 
jio rights acquired under the provisions of any of the acts 
hereby repealed, shall be construed to be invalidated or 
be affected by the provisions of this act; and the parties 
concerned in said rights shall be permitted to prosecute 
the same, as though this act had never been passed. 

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

[Approved^ January 23, 1829.J 



238 



RESOLUTION. 



Resolved hy the General Assembly of the State of Illinois^ 
that the following lazos of this state he printed in the vol- 
ume^ C07itaining the acts of a general and permanent na- 
ture^ passed hy the present General Assembly^ to vnt: — 

" An act declaring what laws are in force in this 
state," approved Feb. 4, 1819. 

" An act to provide for all seals that may be necessary 
in the several oincial departments of the state of Illinois," 
approved Feb. 19, 1819. 

"An act to regulate the enclosing and cultivating of 
common fields," approved Feb. 23, 1819. 

" An act concerning occupying claimants of land," 
approved Feb. 23, 1819, except the preamble. 

" An act regulating the interest of money," approved 
March 2, 1819, as corrected in the errata. 

" An act regulating weights and measures," approved 
March 22, 1819. 

" An act establishing the courts of county commis- 
sioners," approved March 22, 1819, except the 10th 
section. 

"The act of congress relative to fugitives from justice, 
and persons escaping from the service of their masters," 
approved Feb. 12, 1793. 

" An act to amend an act entitled * An act for the re- 
lief of the poor,' (passed March 5, 1819,") approved Feb- 
ruary 6,1821. 

" An act declaring certain words actionable," approi"^- 
ed December 27, 1 822. 

'f. An act requiring the several clerks of this state to 
kefrp their respective offices at the county seat," ap- 
proved January 11, 1823. 

The first section of "An act providing for the super- 
intendance of public property, in the town of Vandalia," 
approved Feb. 12, 1823. 

The first, second, third, fourth, fifth, and seventh sec- 
tions of "An act regulating the estates of idiots, lunatics, 
and persons distracted, and for other purposes," approv- 
ed Feb. 12,1823. 

" An act establishing the line between the slate of Il- 
linois and Indiana," approved Feb. 17,1823. 

"An act to prevent cattle from being injured in the 
vicinity of salines," approved Dec. 14, 1824. 

" An act to provide for the recording of town plats," 
approved January 4, 1 825. 



RESOLUTION. 

'•* An act providing stationary and firewood for the use 
of the General Assembly," approved January 6, 1825, 

"An act for the benefit of mechanics, &c." approved 
Januarv 12, 1025. 

"An act concerning llie revival of statutes," approved 
January 19, 1826. 

'^ An act providing for the just compensation of the 
sheriff of Fayette county, for attending on the su- 
preme court of the state of Illinois," approved Jan- 
uary 23,1826. 

'* An act to prevent trespassing hy cutting timber," 
approved February 27, 1819. 

" An act authorizing courts of chancery to decree con- 
veyances, in certain cases," approved Dec. 27, 1824. 

" An act providing for the relief of securities in a sum- 
mary way, in certain cases," approved March 24, 1819. 

"An act concerning judgments and executions," ap- 
proved Jan. 17, 1825. 

Sections five and six of an act, entitled " An act sup- 
plemental to ' An act making appropriations for the 
years 1825 and 1826,' (approved Jan. 18, 1825,") ap- 
proved Jan. 28, 1826. 

And resolved, that the above acts be arranged under 
propf^r heads, in alphabetical order, according to their 
subject matter, omitting all the enacting clauses, except 
that of the first section of each law. 

THOMAS MATHER, 

Speaker of the House of Representatives. 

WILLIAM KINNEY, 

Speaker of the Senate, 
January '23, 1829. 



239 



240 



OST OF PEIVA'^E A^TSi 

LIST OF ACTS OF A PRIVATE OR TEMPOilARY NATURE, PASSEB 
BY THE GENERAL ASSEMBLY, AT THE Sii«SION OF 1828-9. 

An act making partial appropriations, approved Dec. 
19,1828. 

An act for tiie relief of James A. Whiteside, of Pope 
county, — approved Dec. 19, 1828. 

An act supplemental to an act, entitled 'an act mak- 
ing appropriations for building certain bridges on the 
bounty lands,' — approved Jan. 1, 1829. 

An act to authorize John Foley to establish a ferry 
on Fever river, — approved Jan. 1, 1829. 

An act allowing certain appropriations to the county 
of Morgan, — approved Jan. 2, 1829. In force June 1, 
1829. 

An act for the relief of Matthew Duncan, —Approv- 
ed January 1, 1829. 

An act to remove the seat of justice of Wabash coun- 
ty, — Approved Jan. 1, 1829. 

An act to enable Henry Davis to erect a mill dam 
across the north fork of Sangamon river, — approved 
Jan. 2, 1829. 

An act to provide for the erection of a court-housjR 
and jail in Morgan county, — approved Jan. 3, 1829. 

An act for the permanent location of the county seat 
of Perry county, — approved Jan. 5, 1829. 

An act for the relief of Samuel Houston, — approved 
Jan. 8, 1S29. 

An act for the relief of William Russel, — approved 
Jan. 8, 1829. 

An act for the relief of Isaac Sinclair, — approved 
Jan. 10, 1829. 

An act authorizing the county commissioners' court 
of Lawrence county to levy an additional tax, — approv- 
ed Jan. 10, 1829. To continue in force two years. 

An act to incorporate the Kaskaskia bridge company, 
—approved Jan. 13, 1829. 

An act for the relief of Samuel Whiteside, — approv- 
ed Jan. 13,1829. 

An act authorizing William Orendorff and William H. 
Hodge to establish a ferry on the Illinois river, — ap- 
proved Jan. I a, 1829. 

An act to enable Thomas Clark to build a water grist 
mill on the sixteenth section of township sixteen,northi 
of range six, west,— approved Jan. 16, 1829. 



LIST OF PRIVATE ACTS. *^4i 

An act for the relief of the sherifFof Jo Daviess coun- 
ty — approved Jan. 1 6, 1 829. 

An act for the benefit of Thomas L. Posey, — approved 
Jan. 16, 1829. 

An act to incorporate the Sangamon bridge company, 
— approved Jan. 16, 1829. 

An act for the relief of Phihp Vinyard, — approved 
Jam 17, 1829. 

An act to authorize Stephen Phelps and Thomas 
Beard to establish a ferry on Rock river, — approved Jan. 
19,1829. 

An act authorizing John Woodrome to build a bridge 
across Big Muddv river, in Franklin county, — approved 
Jan. 19,1829. 

An act for the removal of the seat of justice of Wash- 
ington county, — approved Jan. 19, 1829. 

An act authorizing Thomas Stout and John Edmond- 
son to build mills in Fayette county, — approved Jan. 19, 
1829. 

An act to amend an act, entitled ^an act concerning 
the town of Shawneetown,' approved Jan. 10, 1825, — 
approved Jan. 22, 1829. 

An act for the relief of Hosea Pearce, — approved 
Jan. 22, 1829. 

An actauthorizing the county commissioners of Green 
county to levy a tax, and for other purposes,— -approved 
Jan. 23, 1829. 

An act authorizing Francis Prince to establish a ferry 
on the waters of the Ohio river, — approved Jan. 22, 
1829. 



^42 



^tJGITlVES FROM ONE STATE TO ANOTHER. 

AN ACT RESPECTING FUGITIVES FROM JUBTICE, AND PERSONS 
"* ESCAPING FROM THE SERVICE OF THEIR MASTERS. 

Sec, 1. Be it enacted by the Senate and House of Rep- 
resentatives of the United States of America^ in Congress 
assembled^ That whenever the executive authority of 
any state in the union, or of either of the territories 
northwest or south of the river Ohio, shall demand any 
person as a fugitive from justice, of the executive au- 
thority of any such state or territory to which such per- 
son shall have fled, and shall, moreover, produce the 
copy of an indictment found, or an affidavit made he- 
fore a magistrate of any state or territory as aforesaid, 
charging the person so demanded with having commit- 
ted treason, felony, or other crime, certified as authentic 
by the governor or chief magistrate of the state or ter- 
ritory from whence the person so charged fled, it shall 
be the duty of the executive authority of the State or 
territory to which such person shall have fled, to cause 
him or her to Be arrested and secured, and notice of the 
arrest to be given to the executive authority making 
such demand, or to the agent of such authority appoint- 
ed to receive the fugitive, and to cause the fugitive to 
be delivered to such agent when he shall appear: But 
if no such agent shall appear within six months from the 
time of the arrest, the prisoner may be discharged. 
And all costs or expenses, incurred in the apprehending, 
securing, and transmitting, snch fugitive to the state or 
territory making such demand, shall be paid by such 
state or territory. 

Sec. 2. And be iijurther enacted^ That any agent ap- 
pointed as aforesaid, who shall receive the fugitive into 
his custody, shall be empowered to transport him or her to 
\the state or territory from which he or she shall have fled. 
And if any person or persons shall, by force, set at lib- 
erty, or rescue the fugitive from such agent while trans- 
porting, as aforesaid, the person or persons so oflfending, 
shall, on conviction, be fined not exceeding five hundred 
dollars, and be imprisoned not exceeding one year. 

Sec. 3. And be it further enacted, That when a per- 
son held to labor in any of the United States, or either 
of the territories on the northwest or south of the river 
Ohio, under the laws thereof, shall escape into any other 
of the said states or territories, the person to whom such 
labor or service may be due, his agent or attorney is 



FUGITIVES FROM ONE STATE TO ANOTHER, 

hereby empowered to seize or arrest such fugitive from 
labor, and to take him or her before any judge of the 
circuit or district courts of the United States, residing 
or being within the state, or before any magistrate of n 
county, city, or town corporate, wherein such seizure or 
arrest shall be made, and upon proof, to the satisfaction 
of such judge or magistrate, either by oral testimony or 
affidavit taken before and certified by a magistrate of 
any such state or territory, that the person so seized or 
arrested doth, under the laws of the state or territory 
from which he or she fled, owe service or labor to the 
pe rson claiming him or her, it shall be the duty of such 
judge or magistrate to give a certificate thereof to such 
claimant, his agent or attorney, which shall be sufficient 
warrant for removing the said fugitive from labor, to the 
state or territory from which he or she fled. 

Sec, 4. And be it further enacted^ That any person 
who shall knowingly and willingly obstruct or hinder 
such claimant, his agent, or attorney, in so seizing or ar- 
resting such fugitive from labor, or shall rescue such 
fugitive from such claimant, his agent or attorney when 
so arrested, pursuant to the authority herein given or de- 
clared; or shall harbor or conceal such person after no» 
tice that he or she was a fugitive from labor as aforesaid, 
shall, for either of the said offenees forfeit and pay the 
sum of five hundred dollars. Which penalty may be 
recovered by and for the benefit of such claimant, by 
action of debt, in any court proper to try the same ; sav- 
ing, moreover, to the person claiming such labor or ser- 
vice, his right of action for, or on account of, the said 
injuries, or either of them. 

[Approved, February 12^,1793.] 



243 



4* 



fW%^ 



OF THE 



AUDITOR AND TREASURER, 

TO THE 
DECEMBER, 1838, 



AlVDZTOnS REPORT. 



auditor's office. ) 

Vandalia, Qth December, 1828.) 

SIR :— 

The Auditor of Public Accounts has the honour of submit- 
ting to the General Assembly of the State of Illinois, the enclo- 
sed statements, numbered 1, 2, and 3, containing a concise ac- 
count of the Receipts and Expenditures at the Treasury, dur- 
ing the two preceding years, ending with the last day of No- 
vember, 1828, 

I am, Sir, 

Very respectfully, 

Yr, mo. obt. st. 

E. C. BERRY, Auditor. 

To the Hon. 

The Speaker of the S^enate. 



lM6 



REPORT. 
NO. 1. 



Total amount of Receipts and Eocpenditures at the Treasury^ from the SOtk 
ofMvember, 1826, to the SOih day of JVovember, 1828. 



On what account received. 



Amount remaining in the Treasury on the 
30Lli Nov. 1 326, 

Amount received from non-residents, from 
the SOthNov. 1 826,to the 15thFeb. 1827. 

Amount received from the Ohio Saline, dur- 
ing the same tune. 

Amount received from the sales of Vanda- 
lia lot?, during the same time. 

Amount received from sheriffs, duriiig the 
same time, . . . _ 

Balance of redemption money in the Trea- 
s-ury, onthe 15th February, 1827, 

Amount received from non-residents, from 
the 1 5th Feb. 1 827, to the 30th Nov. 1 828, 

Amount received from the Ohio Saline, du- 
ring the same time. 

Amount received from the sale of lots in 
the town of Vandalia, 

Amount received from sheriffs, during the 
same time, . . - . 



Dotis. f; cts. I I)vUs. <S- cts. 



20,824 02 

24,004 00 

1,033 48 

157 60 

4,446 79 

1,475 61 



59,172 28 

200 50 

3,129 50 

2,487 18 



# 



51,941 50 



64,989 46 



From this sum, deduct the amount of inter- 
est paid on state paper, and warrants, and 
money refunded, in 1825,'26, and '27, .5,558 31 

Alao deduct (he amount of Audited war- 
rajits paid at the IVeasury, interest paid 
on SL ite paper and warrants, a'^d money 
refunded, from the 15th Feb. 1827,tQthe! 
30lh November, 1828, - - '84,56109 



116,930 96 



From this sum, deduct the amount due from 

Abner Field, late Treasurer, 
Leaving a balance in the treasury, on the 

30th November, 1828, of 






redemption money received 



90,119 40 



26,811 56 
19,491 70 



7,319 86 







REPORT. 



from the 15th February, 1827, to the 
30th November, 1828. 
From which, deduct the amount of redemp- 
tion money paid out during the same time, 

Leaving redemption money in the treasury, 

on the 30th November, 1828, of 
Amount ofaudited warrants drawn upon the 
treasury from the 30th November, 1826 
to the 30th November, 1828, for the 
current expenses of the government, and 
charged to the following accounts, viz: 
The General Assembly, session of '26-'27, 
The Judiciary, . . - 

The Governor, . . . - 

The Secretary of State, 
The Auditor and Clerks, 
The Treasurer, - . - 

Attorney General, 
Circuit Attornevs, - - 
Road Commissioners, - - - 
Special appropriations, - - 
Contingent Fund, - 
The Militia, 

Appropriation for wolves. 
State House, - - . - 
Postage, - - ,. - 

Counties for non-resident land tax, 
Revenue to the Military Tract, 
Judgments against the Auditor, 
J udgments to be discharged inVandalia lots 
Appropriations for bridges, 
Agent of the Ohio Saline, - - 

Incidental expenses. 

Town of Vandalia, for the excess over 10 
per cent, on lots relinquished to the State, 



24*/ 



Amount of outstanding warrants. 

To meet which, there is a balance in the 

treasury of - . . 

Leaving a balance against the Treasury, on 

the 30th of November, 1828, of 

The following are the sums due to the 
State, viz -r 



Dolls. Sf cts. 



9,128 81 



7,210 62 



23,296 bh 

13,579 77 

2,984 71 

1,539 07 

3,435 22 

2,382 56 

1,143 61 

2,299 91 

3,228 56^ 

7,564 73 

6,850 70 

1,161 83 

549 72 

155 33 

206 75 

358 13 

2,938 00 

228 51 

1,182 87 

880 00 

1,735 00 

1,514 86 

307 87 



Dolls. S,- cts. 



1,918 19 



79,524 2G 



53,319 50 
7,319 86 



45,999 64 



248-^ 



REPORT. 



From non-resident delinquent list now ad- 
vertised for sale, 

From sheriffs on Military Tract, &:c. 

FrojT Yandalia lots, on sales by the Com 
missior-ers, _ - . 

From \aijdalia lets, en sales by the auditor, 

From A. Field, late treasurer, 

From the Ohio Saline. 



Do/Is. &C CIS 

16,240 70 
1,240 80 

6.173 53 

2,222 60 

19,491 70 

3,826 55 



Dolls. ^' cts. 



E. C. BERRY. Auditor. 



State of Illinois^ Auditor's OffvCe^ 
Vandaha^ Bth December^ 1828. 



NO. 2. ' 

A Statement of the Receipts and Expenditures at the Treasury^ from the 
SOth nfMvember^ 1286, to the 15th of February, 1827. 

Amount of cash received from the 30th No- 
vember, 1826, to the 15th Feb. 1827, 

To this add the amount remaining in the 
treasury on 30th Nov. 1826, 

To this, add the balance of redemption 
money in the treasury on the 15th of 
February, 1827, 



From this sum, deduct the following a- 
m.ounts, viz: 

By amount of interest paid on state paper, 
and warrants, and money refunded, in 
1825, 1826, and 1827, 

By amount paid over to the present Treas- 
urer, . - - - . 

By amount paid over to the present Treas- 
urer, by Abncr Field, late Treasurer, 
and his securities, . - . 

Leaving a balance due to the State, from 
A. Field, late Treasurer, of 



29,641 


87 




20,824 


02 


i ■ 


M75 


61 


51.941 50 






5,558 


31 




2,800 


00 




24,091 


49 


QO 449 fO 








$ 19,491 70 



The late Treasurer claims a credit for moneys received by James Kelly, late 
Cashier of the State Bank, of $2,958 1 7 ; which amount the Auditor has not been 
authorized to extend to his credit. 

E. C. BKRRY, Auditor. 
Auditor'>s Office, Vandalia. Wi December^ 1828. 



REPORT, 
NO. 3* 



249 



Receipts and Expenditures at the Treasury^ from the 1 5th February 
1827, to the SOth of Mvember, 1828. 



Amount paid into the Treasury from non- 
residents, - - . * - 

Amount received from the sales of lots in 
the town of Vandalia, - - . 

Amount received from sheriffs, 

Amount received from the agent of the 
Ohio Saline, . - - . 

Amount received from Abner Field, late 
Treasurer, and his securities. 

From this sum, deduct the amount of au 
dited warrants paid at the Treasury, 
money refunded, and interest paid on 
state paper and warrants, - - - 

Leaving a sum in the Treasury, on the SOth 
November, 1828, of • . - 



59,172 28 




3,129 50 
2,487 18 




200 50 


' 


26,891 49 


91,880 9:^ 


■ 


84,561 0^ 




$7,319 86 



Auditor'^s Office^ Illinois, 

Vandalia, Bih December, 1 828, 



E. C. BERRY, Judifor. 



i 



•250 



THSASUHSR'S HSFORT. 



Treasurer's Office, ) 

Vandalia<f December 8, 1828. \ 
SIR:-= 

In conformity with the law requiring a biennial report from 
the State Treasurer, I have the honor to submit to the General 
Assembly, a statement of the monthly receipts and disbursements 
.^t the Treasury, from the date of my appointment up to the 30th 
of November last, and an account current shewing the bala|ice in 
the Treasury on the latter day. 

The balance reported on hand by the Treasurer, is less than the 
balance reported by the Auditor, in consequence of my having 
made a charge for clerk hire, which not being provided for by any 
existing law, m.ust necessarily be submitted directly to the decision 
of the General Assembly. In relation to that charge, I respectfully 
offer the following explanation. The salary of the State Treasury 
is $800 a year; but the amount actually received by me, has been 
reduced by the depreciation of state paper, to a sum between $650 
and $700 per year. The duties of the Treasurer's office require 
the constant service of two competent clerks, with the occasional 
assistance of a third, and as this amount of labor could not be paid 
for out of the sum appropriated to me, without absorbing nearly 
the whole of my own compensation, I was under the unpleasant ne- 
cessity of choosing between two evils, viz: of neglecting a portion 
of the duties of my office, or of employing a sufficient number of 
clerks on my own responsibihty, and depending on the justice and 
liberality of the General Assembly, for repayment of the sum thus 
expended, I adopted the latter course: and I now respectfully lay 
the subject before the General Assembly, with a request that, on 
examination, they will make such disposition of it as may be right. 
I have the honor to be, Sir, 

Your obedient servant, 

JAMES HALL. 
The Speaker rrf the Senate, 



REPOKT, 



251 



Report of the Receipts and Payment^} at the Treasury of the stale of 
Illinois^ in the years 1827 anc? 1828. 



RECEIPTS. 



1827 



1828 



Feb. 


4,689 29 


March 


2,511 13 


April 


176 10 


Mav 


206 52 


June 


1,327 40 


July 


4,082 60 


August 


5,840 66 


Sept, 


1,777 06 


Oct. 


2,335 72 


Nov. 


2,384 52 


Dec. 

1 

Jan. 


28,112 86 


13,556 94 


Feb. 


400 09 


March 


. 249 08 


April 


847 25 


May 


1,354 83 


Junt; 


2,065 26 


July 


5,754 37 


August 


9,844 61 


Sept. 


1,116 90 


Oct. 


818 68 


JNov. 


2,431 08 



53,441 86 



1827 



PAYMENTS. 

3,787 52 
2,646 63 

211 23 

328 



1828 



Feb. 

March 

April 

May 

June 

July 

August 

Sept. 

Oct. 

Nov. 

Dec. 



Jan. 

Feb. 

March 

April 

May 

June 

July 

August 

Sept. 

Oct. 

Nov* 



1,199 



62 
16 
14 
47 
57 



3,573 
6,367 
811 
2,538 Qb 
1,998 73 
27.596 97| 



50,859 69 



38,439 09 



10834 82 


480 


00 


248 


39 


957 


59 


1,045 


66 


1,982 


34 


4,037 


15 


5,804 


46 


1,595 


83 


779 


76 


2,358 


19 



91,880 95 



——30,123 65 



Money refunded in 1827 and 1828, 
Interest paid on state paper and warrants, 



80,983 34 

1,065 11 
2,512 64 



84,561 09 
JAMES HALL, Treasurtr, 



REPORT. 

James Hall^ State Treasurer^ in account with the State of 

To amount of taxes paid into the Treasury from Feb. 

16th, 1827, to Nov. 30th, 18^8, inclusive, 
*' cash received from sheriffs within the above dates, 
*' cash received for Vandalia lots within the above dates, 
*' cash received from Salines within the above dates, 
*' cash received from A. Field, late Treasurer, 
*' cash received from the securities of A. Field, - 



252 


Illinois 


. 


DR. 




59,172 


28 


2,487 


18 


3,129 


50 


200 


50 


10,801 


49 


16,000 


00 



91,880 95 



By amount of warrants paid at the Treasury from the 

16th Feb. 1 8^7, to the 30th Nov. 1 828, inclusive, 
" Money refunded within the above dates, 
" Interest paid on state paper and warrants, 
" cash paid for clerk hire in the Treasurer's office in 
1827 and 1828, - - - . .- . 

Balance, - ' - - - - 



CR. 

80,983 34 
1,065 11 
2,512 64 

1,200 00 
6,119 86 

91,880 95 



RISDXSMPTZON FUND* 



Cash received for Redemption, 
Cash paid for Redemption, 



9,128 81 
8,210 62 

1,918 19 



JAMES HALL, Treasurer. 



Vandalia^ Mvember ZOth, 1828. 



xt' 



A. 

ADJUTANT GENERAL— tags. 

To report the number of persons in this state) ^o 

subject i,o miiitia duty, > -*-6 

APPROPRIATIONS— 

f 4000, State Paper as Contingent Fund, - - 6 

Ccnripensation to the officers and members of the) ., 

^ General Assembly, 5 ^ ' 

The said compensation how certified, and at what) « 

rate paid, 5 

To Isaac Morgan, R. M, Young, R, J. Hamilton, A, 
F. Grant, J D, Gorin, Sec'y of State, W. Har- 
grave, W. C. J ones, T. M. Nichols, J. Harlan, J. 
B. E Cannl, W. Carrigan, A. Cowl^s, J. Black, 
W.Nicbols,B P.MiPer.J Enochs, T. Redmond, 
R. Blackwell,T. Ford,F. StulK State Treasurer, 
R. K. Flemraing, Sinn & Hankin, G. Forquer, 
Auditor, Governor, Judges, Attorney Ge»ieral, 
State's Attorneys, and CasWier of the Branch 
Bank at Edwardsville, - - - - 6, 7, 8 

To Guy W. Smith, 10 

Defray the expenses of ascertainining and surveying ) -.a 

the Northern boundary line, ^ 

To Jas. M. Duncan to prepare room for Supreme Court, 47 
To Kaskaskia river, ---_.- 125 

To Vincennes and Carlyle road, . . - 127 

To Vincennes and St. Louis road, - - - . 137 
See "Saline Reserves." 

To purposes of Education, - - - - 154, 161 

To repairs of public buildings, > ~ . - 170 

ATTACHMENTS— 

May issue to several counties, how served and how returned, 8 
Estate levied upon, bound until the debt be paid, - ib. 

Lands attached, bound by judgment on attachment) ., 

as in other cases of judgments, ^ * ' 

Execution upon, to issue first to the county where the) q 

judgment is rendered, ^ 

And amount made on prior executions to be endor-) ., 

sed when issued to a foreign county, ^ 

Deeds for land so!d under execution, to be made by Sheriff, ib. 
Parts of former law repealed, and jurisdiction of jus-) ., 

tices of the peace in cases of, extended, \ 

ATTORNEY GENERAL AND STATES ATTORNEYS— 

Required to give bond for performance of certain duties, 115 
See •' Seminary fund," " State Bank." 
AUDITOR— Sec "APPROPRIATIONS," "CANAL," "CONVEY- 
ANCES," "COURTS," "LAWS," "PUBLIC OFFI- 
CERS," " REVENUE," " RIVERS," " SALINE RE- 
SERVES, " "SCHOOLS," "SCHOOL LANDS," 
" SEALS, " « SEMINARY FUND, " " SEMINARY 
LANDS," "SUITS BROUGHT BY OR AGAINST 
THE STATE," - - 171 



254 INDEX, 

«VANDALIA,'' J8» 

B 
BOUNDARY— 

Line between IlJinois and Indiana established, - - 9 

A stone with certain insciiptioris thereon, to be placed ) jq 

where said lino If aves tlie Waba&n river, ^ 

The Governor to apnoir t a ComnMSsioner, to act with i 

Coinraissioner on 'be part of tbe U. States V J I 

to ascertain and si rvcy the northern, 1 

Duty ot Commissioner, -tnd authority to emplov surveyor, &c. ib. 
Ctmpensation of Commissioner, now ascertained, and, ) ., 

with otlier f>xpenses, how paid, ) 

In caseofinadeqiiacy of appropriation, the General Assem-) .^ 

blytomakea further, ) 

Line between Randolph and Monroe counties, how established, 3l 
County courts may direct county lines to be run when necessiry, ib. 
Southern of Edwards and Wayne counties, and boundaries) ^c, 

of Tazewell county established, 5 

c. 

BRIDGES,— See "FERRIES, TOLL-BRIDGES and TURNPIKE ROADS," 

Allen Rudolph authorized to build bridge on Little Wabash,^ - 12 
On what conditions, - - - - - ' 12—13 

Toll to be exacted, _ . . - - 13 

In case ©f Rudolph's failure to avail himself of the privilege, or) ., 

^neglect to comply with the requisitions, any other person may,^ 
Any person complying with the same requisition may erect ) ., 
bridge on the Skillet Fork 5 ^^ 

Bridges authorized by this act subject to conditions imposed, ) ., 
by the act of February 11, 1827. < ^° 

CANALS, 

Law providing for the construction of the Illinois and Michigan \ 
canal, ^ 

Comjnissioners to be appointed, and vacancies how filled - 14 

To choose a President, Secretary and Treasurer, - - ib 

Compensation to said President, &c. _ - _ ib 

Meetings of board and adjournments how called and made - ib 

Commissioners authorized f o appoint agents, &c., and to accept ) ... 
services of an U. States Engineer, 5 ^ 

Commissioners to take oath, and give bond, •> - ib 

'I heir compensation, - • - - - 15 

7'reasurer to take oath, give bond, and, in certain cases, shall he i 

required to furnish additional security, for a failure wherein, > ib 
or other culpable neglect liable to removal, \ 

Duty of Commissioners to locate the route of the canal, and to 
cause all necessary surveys and levels to be taken, and accu- 
rate ilrafts, &;c., to be made; and to commence the work 
when they deem expedient, 
Commissioners shall, in conjunction with the U. States Commis-) ., 
sioners select the alternate sections of laiid granted by Congress, ) * 
In case no Commissioners be appointed by the U . States how to > 

proceed ^ 10 

Commissioners after the selection is completed, to s^n-e notice and > 

sell the land, in what manner, and upon what tarms, ^ *" 

Commissioners to grant to purchasers of laiid a certiticate, and ) 

forward duplicates thereof to the Auditor, ^ ib 

Persons holding certificates may obtain patents, and how - ib 

Commissioners may lay c ff any poriion of the land into town lots ib 

Treasurer to keep an office, to s:\^i.t certificates of purchase to 1 

purchasers at private sale, and his duty in relation to making > 

entries and returns of sales, * ) 16-17 



INDEX. 255 

Page. 
Commissioners to draw upon the Treasurer for such sums as the i 

board may owe, and to make detailed report to the General { 17 
Assembly, j 

Bommissioners incorporated, and style, - - - ib 

Dimensions of canal, tind expenses incurred how paid, - 17-18 

CENSUS.— 

A Commissioner to take, to be appointed in any county, by the 

county Commissioners' court, 18 

What persons are to be enumerated, and how distinguished, - ib' 

Manufactories &c. to be enumerated, and enumeration how made, \0 
Enumeration when to commence, oath of Commissioner, ib 

Returns when, to whom, and in what form to be made - - 19-20 

Militia men how classed, ----- 21 

Penalty for neglect of d uty in Commissioner and act to be given in > 

charge to grand juries, ^ ib 

Further directions to Commissioner, 
Penalty, and how recovced, against any person withholding infor- > 

mation from the Commissioner, ^22 

Compen3L;lion to Commissioner, ib 

Duty of Secretary of State and Adj't. General in relation to the census, ib 
COMMON FIELDS— 



Proprietors of may meet to make rules and regu-) 



69 



lations, &:c. 
They may appoint certain officers, - - . jjj^ 

They shall choose a »■ field eotnmitt^e,'' the mem- i 

bers whereof shall be sworii, and may call> ib. 

meetings of proprietors, and in what .uanaer, ) 
Proprietors may levy tax, appoint assessor and cul- i 

lector, and appropriate funds to the commo'^iV 70 

benefit, ) 

Duty of "field committee," and penalty for failt^ro Jnit, ib. 
Fence of com. field intersecting or rnnnm^ 'r. upon ) 

any particular enclosure, the division fence to> ib. 
be a mutual expense. } 

Person whose land joins common field, laying open i 

fence, without giving 2 months notice, subject > 71 

to pay damages, ) 

Accounts how audited and paid, - - - - ib. 
Proprieiors may order fines and forfeiture.', not ex- i 

Cfedin?; ^5, nnd party thinking himself ajA ib. 

grieve'l, aiay appea! to Circuit 'Jnt;rt, 5 

Shall be funded by 1st May, annually, aij i not d6-> ^g. 

pastured between the ist of M.iy and I5th Nov. ) 
CONSTABLES— ' 

New distf'cts for the election of mav bo formed, - - 93 
Election of how he^d, and term of service, - - - io. 

Vacancies, how filled, _-----. 94 
How to serve and retiirn summons agairisl special bail, - 95 

Payment or tender of plff's demand by dof't to con^-ta- ) 

ble with process shall exonerate deft from further> 93 

costs, ) 

Summons how served and returned when def 't evades, - 97 

Authorized to collect fee bills, ----- 140 

.CONVEYANCES— . 

To be made by sheriff to lands sold unier execution) ^ 

on attachment, > 

Patents to be issued by the Gov. for land sold by ca- ? .* 

nal com'rs, 5 

May in certain cases be decreed by courts of chancery, 
Certain proceedings necessary in suits for conveyances, - ib' 
J.n cases of minor heirs, guardian to be notified of ap- ) 

plication for decree, and when there is no guar-v ib* 
dian. guurdiaus ad litem to be appointed, ) 



256 INDEX. 

PAGE. 

Executors and administrators, or heirs of dec'd obli-> ^o a 

gors may obtain decree, and hibvv, ) 

Complete record to be made in suits for conveyances, - 24 
Before whom deeds may be acknowledged, - - ib. 

What certificates necessary in different cases, - - ib. 
Assignments of auditor's certificate may be acknowl-) 25 

edged before the auditor, \ 

Residents' deeds may be recorded in state Recorder's office, ib 
Deeds to be recorded in six months, or void against > .. ., 

subsequent purchasers, ) 

Deeds to Jots in the county seat of Macon county, how made, 30 
Certaia words of cession to be considered express warranty 1 16 
Mortgagee, when paid and requested by mortgagor,) ., 

to enter satisfaction, 5 ^ * 

Penalty for refusing to enter such satisfaction, - - ib. 
Deeds to be recorded in turn, recorder to give receipt, &c. ib. 
COSTS— See « SALARIES, FEES, &c," 

Payment or tender of by defendant to constable serving summons) ^^ 

shall exonerate lefendant from further costs, \ 

Non-residents to give bond for, in suits before justices, - - - ib. 
Execution wi-:h bill f'f, may issue against security, - - 97 

Malicious proseoutcrs lialile for, -.,--_ 93 

La-.v limiting cost recoverable on appeals repealed - - - ib. 
COUNTIES— 

Macoupin — Created, and itfe bounds, - . . _ 26 

Co-nmissioru rs to locate the seat of justice) ^g ^ 

ap];. >inted, their oath and duty, > ~ 

Courts anu elections for a time to be held at Jos.) ^ 

Bouiough's, in i^aid county, \ 

Notice of elections, and privileges of citizens, 27-28 
Compensitioa to comniissioners, - _ - 2& 

Macon— ^Created, and boundaries, _ - _ _ 28 

Name of county sear, ----- ib. 

CcmTiissioners to locate seat of justice, - - - ib. 
If location be made on private property, donatton) „« 

required, \ ^ 

If on public land, the .5ame raay be purchased, and ) •. 

commissiores to report, \ 

Town to be i -id off in lots, and sold, proceeds 

whpreof ho v a;>pli»-'d, fiud deeds to be made by \ 29-30 
county commisioners. 
Courts and election-, where, to be held until the 

county s?at v- ircated. 
Notice of elecuons, how s,)ven, - - - '- ib. 
Compensation to commissioners, - - • - ib. 

How class with other ounties to vote. - - - ib. 
At<^ac"aed to first judicJal circuit, - - - - 31 

Randolph and Monroe, iiiie between, see " Boundary." 
Wayne aod Edwards line, southern line of, see '^ BouaJary." 
COUNTY COMMISSIONERS— 

See "COURTS." 
♦ Similar projeedinf^s may be bad in cases 

of insolvent judges o* probate before 
any county coiuuiissicmer, as in court of 
probate in ci'iier oases, - - - - 84 
COUNTY SURVEYOR— See ''SURVEYORS." 
courts- 
Probate established, where directed to be held - - - 37 
Judges to be ejected by the Legislature, term of ser-i 

vice, vacancies how filled, and general juris-v ib. 

diction, 5 

Terms of courts, required to have a seal, and to> 

keep a record, ) ib* 



30 



INDEX. ^57 

OOVRTH—ConUnueil. Page. 

How matters shall be tried, and in what manner i e,- 

appeals and writs of error shall be prevented, ^ 

In case of vacancy in office, how filled, - - 38 

Judge to take oath, and allowed fees, - - ib 
See "executors and administrators" ''•Wills," 
Jurisdiction in cases of insolvent debtors, see in- } 
solvent debtors ) 

Office of vacated by non-residence of incumbent, - 115 

Fces^ — Majnssue fee bills, directed to sheriiTor constable, - 140 
See Descents 205 and 206, Dower 204 

Appeals allowed from to circuit courts, - ^ 234 

How obtained and presented - - 235 

Power of courts to enforce orders, &c. - - ib 

Sheriff to attend, when required and serve process, > ^^fi 

his compensation, ' ) 

Supreme — how composed, .... - 39 

General jurisdiction, • - . . . ib 

May institute rules for practice, and duty of chief justice, 39-40 

Judges to take an oath, ..... 40 

One term to be held annually, , ... 40 

At what time and place, , . . . 50 

Provision in case of non-attendance of a quorum, * . ib 

Concurrence of two members necessary to a decision, > . 

their opinions to be in writing, and how reported, ^ 

Process how issued, tested and executed, and power of> ., 

court in cases of contempt, ) 

Originiil jurisdiction of court, and powers incide^it thereto, ib 

Duty and qualification of clerk, ... 42 

Judges to hold circuit courts, . . . 42-48 

Judges made conservators of the peace, and may award } .„ 

certain writs, ^ 

Judges of may take acknowledgments, . 24 

Com [sensation allowed the Sheriff of Fayette for at- ) cy- 

tondance on, 3 ^^ 

Place provided for holding, and appropriation to repair, 47 

Judges of may award injunctions, -r - 49 

Judges of to decide certain contested elections, . 65 

Deeds of Sheriff for property sold under execution from,^ pq 

how acknowledged, ) 

Judge of may stay execution, . . • '92 

Clerks may issue fee bills to constables, see "salaries, ) , ^ 

fees.&c" I ''^^ 
CiRCUTT — by whom to be held, . . . 42&;48 

Criminal jurisdiction, , . . 43 

Suits to be tried in the counties wherein they originated, 44 

Qualifications of clerks, ... ib 

Dut}' of clerks and liability to removal, . . ib 
Clerks to receive from their predecessors all papers, &c. 

and i:!Ower of court to coerce their delivery, . 45 
Clerks office to be kept at the county seats, and to be ) ->- r ^- 

examined by Judges, ) 

Special terms for the trial of criminals may in certain ) ., 

cases be held, ^ ^'^ 
Notice of such special term required, . . 45 &; , • 

Original process may run into foreign county in certain) ^^ 

cases only ^ "^ 
Process how executed, and power of court to punish contempts, 46 

SubpcBnas may run into any county of the state, . 46 

Silting in chancery may decree conveyances ♦ 23 & 24 

Judges of may take acknowledgments, . . 24 

To g've census act in clarere to grand juries, .. . ib 

Counties composing the several circuits, . . 48 

Judges allotted, ^ .... ib 
A a 



^58 IJNDEX. 

COURTS— Continued. 

North of the Illinois river established, ... 2i 

Judge thereof to take oath, and form of oath, . . 46 

Subject to the same regulations as others, . . 49 

Judges may award ue exeat, &c., . . ib 

May appoint chancery terms . , ib 
In case of non-attendance of Judge, court to stand adjourned, ib 

Venue to be changed when Judge is interested in suit in ) .„ 

the circuit in which he presides, ^ 

Two terms in a year to beheld, and what times in thelst> 

and 2d circuit, \ 50 

"When held in the 3d, 4th and 5th circuit?, . . 51 
Process how issued and tested, . . .52 

X chana;e in the terms not to affect the proceedings, . ib 

Special terms to be held in Joe Daviess, . . ib 
Duty of in case of idiocy, &;c. . . .77 

Clerk of to take acknowledgment of Sheriff to deeds in ^ j^^i 

certain cases, ^ 

Duty of court to note amount &:c. in cases where state \ ^^ 

Bank is concerned, ^ 

Judge of may stay execution, ... ib 
Duty of in cases of land titles controverted, 99, 100,101 & 102 

Office of clerk of vacated by non-residence, . 115 

Clerk may issue fee bills to constables, - - 140 
See "salaries, fees, (Sec, 
Duty of in relation to sales of lands bj executors and > ^^c p « 

administrators, ^ ' '* 

CoUKTlf COMMISSIOISERS — 

Constituted, and hov/ composed, - - 33 

To hold 4 sessions in each year, and have power to ap-) ., 

point and remove their clerks, ^ 

General jurisdiction and process, - - ib 

Shall have a seal, _ _ - _ i^ 

Qualification of clerks, - _ _ j^ 

Time of terras, and provision for non-attendance of a > c,^ 

quorum, \ "^ 

Special terms may be held, and how called, - ib 

Not to have any jtirisdiction in civil or criminal suits, ib 

How to be styled, and in whose name process to issue ) .. 

and bear teste-, ^ * 

May enforce decrees by attachment - - 35 

Dul}' of in relation to the taking of the census, - 18 

May direct county lines to be run, when necessary, 31 

Duty of in relation to the erection of court houses > ^„ 

and jails, ] ^-^ 
Duty of in relation to elections, - 54, 55, 61, &; 67 
Duty of clerks of, in relation to elections, - 55,60,61,62,63,66 

(Candidate for county commissioner, court contesting) ^^ 

election, how to proceed, ^ 

Duty of with regard to estrays, - - 73 
Members of county commissioner's court to have ) 

cognizance of certain cases of insolvancy, ^ 

Clerk ofto take sheriff's acknowledgment in certain case?, 89 
May create new districts for the election of justices > 

and constables, ) 

Clerk to issue order for election to fill vacancies, - ib 
May change or alter districts, 
May cause atlditional justice to be elected in the ) 

county seat district, vacancies in the office of > 94 

constnble to be filled by \ 

Shall order just expenses of sick or dying poor persons) . , „ 

to be paid, \ 

Office of clerk of, declared vacated by npn-residence) , , ^ 

of incumbent, \ ■ 



84 



INDEX. 259 

COURTS— Cqajt«nM«<^- Page. 

' {Sheriffs to settle with at March term, annually, 120 
Clerks of to make list of liinds listed and transmit ) 

it to Auditor, \ ib 
Clerks to note lands listed with them, but lying out of) 

their respective counties, 5 ih 
To receive a copy of Auditor's advertisement of > 

land? to be sold for taxes, ^ 122 

Clerks may issue fee bills to constables, - - 140 
See "salaries, fees, &:c.," "school lands," seals. 
May authorize the building of warehouses for the in-? 
' spection of tobacco, to require bond, ) 174&175 
^ To appoint inspectors of tobacco and to (HI vacan- ) 

cies, may appoint additional inspectors, * ^ 175 

To require bond of inspectors, . - _ i5 

Tobacco inspectors to make return to, - - 178 

To appoint commissioners of warehouses - - 182 
May appoint 1 or more inspectors before the erection) 

of public warehouses^ ) ib 
Duty when proprietors of town, - ^ 184 & 185 
To provide weights and measures for standard^, to ) 

give notice thereof and provide seals, ^ 190 

COURT HOUSES & JAILS— To be erected, - - 52 

D. 
DEEDS— See "CONVEYANCES." 

DESCENTS, DISTRIBUTIONS, AND OTHER DISPOSITIONS OF ES- 
TATES— 

Of intestates' estates, ..... 205-6 

Estate of a testator not devised or bequeathed considered) „^. 
intestate, S ^"'* 

Certain property to be retained by widow, and not subject) cfnp 
to debts, 5 '^"'* 

Hotchpotch proceedings when to be had, . . . ib. 

Children born of parents who afterwards intermarry and ac- i 

knowledge them, legitimated, and made capable of iu-> 207 
heriting, j 

Children of unmarried women to inherit mothers' estates, ib. 

Posthumous children to inherit, .... 207-B 

Balance left of estates whereon administration has been 
granted to public administrator, together with other 
particulars to he published, with a notification to cred- 
itors, and, amount to be paid into county treasury, 210-1 1 

Inventories how taken and returned, , . . 219 

Warrant to appraisers, oath of appraisers, their duty, 219-2.) 

Further assets discovered, executors and administrators to) a..,. 
make return, ^ 

Compensation to appraisers, . . . . 221 

See " Dower." 

Personal estate insufficient to pay debts of deceased, land 5 a^- «_- 
to be sold, proceedings therein, 3 

Certificates to land may be sold, .... 228 

Executors and administrators to avail themselves of relief^ ^, 

acts of Congress, ^ 

Proceedings when estate is found to be insolvent, . 229 

Demands how to be classed, ..... ib. 

Assets sufficient, court to order payment of all legacies, '2o2 

Money, Sic. charged to him by intestate to be taken into account, ib. 

J^pgatees and distributees to give bond, . . . ib. 

When it is necessary for legatees or distributees to refund, i 

court to apportion, except specific legacies, legatee or ^ 233 
distributee refusing how proceed against, V 



260 INDEX. 

DOWER 



PAGE'. 



$4 



Devise of In ml, or bequest of personal property, bar to.) ^94 

uvAe.'iS within six months she renounces, ^ 

£quital)Ie estate and estate to which title is perfected af-> ^^^ 

ter death of husband subject to, ) 

Widow may elect of what she will lake her dower, and i 

to ui^Ake written application for such as she mayV 2'll 

choose, ) 

E. 

ELECTIONS— 

Precincts, not exceeding eight, to be laid out, place of e- 
lection in each designated, which may be changed, and 
two sets of judges for the county «eat precinct autho- 
rized, 

'V Judges to be appointed, notified thereof, and to choose) -^ 

l}\ clerks, vacancies to be filled as they occur, $ 

XV Notices of elections to be "by the clerk raatle out for, and i 

';>[ posted by the sheriff in three different places in eachv ib. 

/; precinct, form of notice, ) 

': Judge failing to act, his place to be supplied by the nearest i 

'i; justice of the peace, or discreet elector, no judge at-v 56 

V tending, elcctojs present to choose, ) 

Oath of judges and clerks, . . . • . ib. 

I ' Oath to be administered by justice of the peace, or if none i 

'I be present, by the judges themselves, and entry there- > ib. 

of to be made, ) 

Polls to open at 8 A. M. and close at 6 P. M. but if no 
judge attends at 8, polls may open after that hour,and 
if iudges deem necessary they may be kept open after 

6 P. M , . 57 

Stationary to be provided by clerks, . . . ib. 

Elector to vote viva voce^ .... ib. 

Elector shall not vote for any person out of the district J 

of which such person will be an officer if elected, > 57-8 
penalty therefor, and for voting twice at same election, ) 
If elector's qualification be doubted by judges or challen- 
ged, judges to tender a certain oath, after swearing his 
vote to be received or rejected at discretion of judges, 
false swearing deemed perjury, unqualified person vo- , 

ting punished-, - - - - • - -59 

Constables to attend and preserve order, judges empower-) rn q 

ed to fine-cuaid imprison disorderly persons, ) 

Poll boolcs to be prepared, and form thereof, - - 59 

One poll book to be returned to county clerk, by one of the i 

judges or clerks, the other lodged with the judges, > 60 

penalty for failure to return, ) 

Clerk of county commissioners, with two justices of the 
peace to open polls, make abstracts, grant certificates 
of election — district comprising more than one county, 
f cPk, or cl'ks of county or counties, last established to 

attend at senior cotmty, and examine polls Slc. joint- 
ly — for three districts special provision made — tlis- 
tricts consisting of four or more counties, cl'ks to meet 
in 15 days— clerks of county to certify compensation 
to judges and clerks of election, - - - 60-1 

Two candidates having an equal number of votes, decision by lot, ib. 
Returns to be made by county clerks to secretary of state, sec- 
retary of state, &c. to canvass the votes for rejiresentatives 
to congress, governor to grant certificate to persons elected 
and issue proclamation, - - - - » 62 



INDEX. 261 

EhECTlONS~Co7itviued. p^cb. 

In case of delay in returns, secretary of state to employ mes- 
senger — his compensation, - - . . ilj. 
Person elected may resign without having entered upon dis- 
charge of dutjes, vacancy in office of nM?mber of general 
assembly, sheriff or coroner, governor to issue writ of fe- 
lection, in case of coroner or sheriff", clerk of county to 
notify the governor in case of representative to congress 
governor to issue proclamation , - - _ - 63 
Vacancy in the office of governor, secretary of state to noti-> p^ 

fy clerks of counties and sheri!ff=, &;c. \ " 

Candidate for gen. assembly contesting election, how to proceed, 63 
Duties and authority of justices of the peace therein, ib. 

Candidate for sheriff, coroner or county commissioner con- i 

testing election how to proceed, and duty of judges of the' 65 

superior court therein. \ 

Judges and clerks liable to penalty for non performance^ ^» 

of duty, or for refusing to admit voter, ^ 

In case of vacancies in general assembly, cPks to notify the 
governor, who shall issue writ of election — vacancy hap- 
pening in the office of governor, secretary of state to noti- 
fy sheriffs, and order an election, - _ _ - 66-7 
Election for certain officers to be held on the 1st Monday of) 

August, 18.10, and bienially thereafter, and for governor Sii 6-7 

lieut. governor quadriennially thereafter, ^ 

Election for representatives in congress in 1831 and 1832, and) 

bienially thereafter, ^ ^"' 

Clerks not empowered to reject votes, . _ _ _ jb^ 

Judges and clerks to receive certain compensation, - - ib. 

Vacancy of electors of president and vice-president to be) ., 

filled by appointment of the other electors, ^ 

Former general election laws repealed, - - - 68 

Elections in general assembly (with certain exceptions) mem-) ., 

bers to vote viva voce, in the representative hall, ^ 

New election districts for the election of justices and consta-) «-> 

bles may be created, • y 

Election districts may bo changed or altered, - - - ib. 

Elections for additional justices of the peace at county seat) q. 

may be held, C 

ENCLOSURE— See "COMMON FIELDS." 
ESTATES—See " DESCENTS," &c. "DOWER," "EXECUTORS 

AND ADMINISTRATORS," and '• WILLS." 
ESTRAYS—See " HORSES." 

Certain estray property, not claimed, vested in the person 
taking it up — when over the value of $5 shall be deliver- 
ed to, and sold by the sheriff — owner ap[)earing and pro- 
ving his property within one year after sale, shall have 
the purchaser's note if not paid, if paid, shall be paid 
the amount out of county treasury — property of a value 
between $5 and ,^15 may be vested in the person taking 
up and how, - - - - - - 72-3 

Part of former law repealed, - - - - - 73 

EXECUTORS AND ADMINISTRATORS— Sec « WILLS." 

May in certain cases be compelled to make conveyance, - - 2.5 

May make conveyances in certain other cases - - - ib.-24 

Letters testamentary to issue upon probate of will, - - 193 

Debtor appointed executor not thereby exonerated, - ITS 

Courts of probate to have jurisdiction in matters relating to - 196 
Will being proved and recorded, letters testamentary or of ad- ? .qy 

ministration with will annexed to issue, \ 

Duty of executor within 30 days after decease of testator to) 

cause probate of the will to be made or to appear and makeC 198 
known his refusal to act, j 

Upon refusal or disqualification of ext^cutor to act, court of pro-) ., 

A a * bate to appoint administrator with will annexed, ^ 



*262 INDEX. 

EXECUTORS AND A OMimST R ATORS— Continued. PAGE. 

Executor of an executor not in consequence thereof executor o() 

the first testator, J ^°- 

Persons aged 17 years maybe executors, court in such cases to> ., 

appoint person to act until the executor obtain the full age, ) * * 

Power of executor before probate of will, - , _ 199 

When two or more executors are appointed, in case of death,) 

disqualification, or refusal of one or uiore, letters to begrant-> ib» 

ed to the other or other?, ) 

Executors and administrators with will annexed to take an oath, form, ib. 
Executors Sc administrators v/ith will antiexed to give bond^ form, 199-200 
When estate is evidently solvent, and testator directs ihat execu-) 

tor shall not give bond, bond shall not be required, but other- > 200" 

wise it shall notwithstanding v/ill, ) 

What shall disqualify executor, court to admit the usual kind oi) ^q. 

testimony, ) 

In cases of unavoidable delay, courts may issue letters to colled} ., 

in meantime, 5 

Form of letters of administration to collect, - . - - 201-2 

Administrator to collect, to give bond, form thereof, - - 202 

And take an oath, form thereof, _ . - _ 203 

Duties of administrator to collect, his compensation, -'**" - ib. 
Administrator to collect may institute suits, and they shall iTot) .. 

abate by appointment of executor or administrator, ) 

Upon granti[)g letters testamentary, &c. administrator to collect > ong.,! 

to deliver up papers, -tc. ^ ~' 

Executor or administrator with will annexed to have preference) nriA 

in administering estate not bequeathed or devised, y 

To maintain action against widow if she commit waste, - 205 

To whom administrations shall be granted, and in what cases to ) ^qq 

public administrator, ) 

Governor and senate to appoint public administrators, - - ib. 

Pablic administrator to take certain oath, and give a certain bond, 209 
Administration granted to public administrator may, if claimed ) 

by any person having a right thereon wii bin 6 months bere-> 210 

voked, • S 

Public administrator to preserve intestate, s estate from waste, 211 

liCtlers testamentary and of administratioa to run in the name) 

of " The People," &c, to bear test in the name of the judge> ib. 

issuing and be sealed with the seaJ of the court, ) 

Persons not claiming as relations, creditors or public adminis-) 

trator applying for administration within 75 days to produce > ib. 

evidence of relinquishment, ) 

Form of letters testamentary and of letters of administration, 212-13 
Form of oath to be taken, and of bond to be given by administ'rs, 213-14 
Bonds of executors or administrators may be j)ut in suit, certifi-) oi4_i5 

ed copies shall be admissable evidence, ) 

Complete records of letters of administration, &c. to be kept, 215 

Letters of administration shall be revoked upon production and) ^iQ 

probate of will, ) 

If a will be set aside, letters is-r.ed thereon to be recalled, and ad-) ., 

ministration de bonis non granted, ) 

Lett,ers granted to persons becoming insane, &c. to be revoked, ib.. 

Letters granted to persons who have died or neglected their du-) ., 

ty may be revoked, ^ * 

In case of death disqualification power of courts, liability of) 

executor or administrator for acts as such not removed by ap- > 21 C— 17 
pointment of successor, j 

Provisions of law applicable to females, - _ - 217 

Executors or administrators not personally liable for mistaken) ,. 

pleading, ) * 



Executors and administrators may be required to furnish addi-) 
t,o be revoked, 



tional security, and upon their failure to do so, their letters v ib. 



INDEX. 263 

KXECUTORS AND ADMINISTRATORS— Con^mwei. page. 

Securities of may petition for order for further security, - - 218 

Condition of bond to be given upon such order - - 218-19 

To make out complete inventories — what tliey shall contain, 218 
On granting letters, court to issue warrant to appraisers, form thereof 219 
Appraisers to take an oath, form, manner of stating appraisement, 220 
Appraisers to make return in 3 months from date of adoiioistra-) 

tion — how certified, C '"• 

Inventories and bilk of appraisement admissable evidence, - ib. 
Executor or administrator discovering further assets to make in-) 
ventoryof them, \ 

Compensation, to appraisers, - - - _ _ 221 
Executors and administrators to make further inventories from) 

time to time, ■ ^ *"• 
Court may cite persons suspected of concealing goods of decea^-i 

ed, on the oalh of executor, administrator, or other person > 222 

interested — power of court therein, \ 

Accounts of deceased subject to inspection, - - - ib. 

To what extent executors and administrators charg;eablc, - jb. 

Sales of land by executor or surviving executor, authorized by> ib. 

will, valid, ^ 

Not to Teraove property out of state — proceedings of court in> » ^ 

such case, ^ 222-j 
To sell personal property, except reserved articles, to give no-) 

tice thereof, and terms of sales, I '^^^^ 

Crop growing, how to be disposed of, - - - - ib. 
May employ clerks and criers for sale — their compensation — ) 

hours of sale, ( '^^^ 

Return, certified, to be made for sale, - - - • ib. 

To give notice as soon as qualified, to creditors, . . jb. 

Claims not due how" settled, . . . . 225 
No action shall be maintained against executor or adminis-^ 

trator for one year after his appointment, nor until de- \ ib. 
mandmade, \ 
When personal estate is insufficient to pay debts of deceased, ) ^ 

land may be sold — proceedings in such case, \ -^^^-o-' 

Money arising from sales to be assets, . . . 227 

Certificates to land may be sold — proceeds to be assets, . 228 
May complete payment on lands, .... ^'q^ 
To avail themselves of any relief given by congress to pur- ) 

chasers of public lands, C ^^• 

Proceedings Avhen estate is found to be insolvent, . . 229 
Demands against estates to be classed — and in what manner — ) 

^ effect of classification, ^ ^°* 

Whatshallbean eic^.26?Vzo?i of a claim, . . . 230 
Courts of probate to have concurrent jurisdiction with cir- 
cuit courts to a certain extent, 

Claim in no case to be established by oath of party, . '. ib. 

Claims, when allowed, to be classed and paid accordingly, ib. 

Claim of executor or administrator to be filed in court, . ib. 

Court to make entry of all demands, . . . 231 

Courts to provide books, ..... ib. 

Accounts of executors and administrators to be exhibited in > ., 

one year, ^ 

'^^'^'hen estate insufficient to pay all, debts to be paid ino rata^ ib' 

When personal estate insufficient, court to prepare abstract ) oqi o 

of lands for circuit court, \ 

Proceedings against delinquent executors and administrators, 232 

Assets sufficient, court to order payment of all legacies, . . ib. 
Money, &c. charged to heir by intestate to be taken into account, ib. 

Legatees and distributees to give bond to, , . . ib; 



10. 



li ^64 INDEX, 

^i'; EXECUTORS AND ADMINISTRATORS— Co/ih/iMcrf. Page. 

I 'I May ID certain cases maintain suits against each other, . 233 

11 Trover, detinue or replevin to survive for and against, , ib. 

;; Mortgagee leaving minor heirs, his executors or administra- > ., 

'i tors upon receiving amount, to release the legal title, ^ 

t May mortgage real estate, . . .... 234 

■ Mortgages made by, to be under authority of court — to give ) ., 

I ' bond — money so raised to be assets, ^ 

Compensation, ...... ib. 

Action may be maintained against executor or administrator, ) •, 

and securities, or either, for a breach of bond, ^ 

Appeals allowed from court of probate to circuit court, ib. 

Administration not completed by 1st J uly, to be regulated by ) oog 

new law, \ 

Former JaAvs repealed, . . . . . 236-7 

FEES, see '-SALARIES, FEES, &c. 

FERIES, TOLL-BRl DGES AND T QRNPIKE ROADS— 

Part of former law repealed, - - - 73 

Persons not to keep ferries within certain distances of > 

estab lished ferries, penalty for so doing, ) 74 

FUGITIVES— Act of Congress relative to, - - - 242 

GENERAL ASSEMBLY— 

Secretary of state to provide stationary for, - 74 

Auditor to issue warrant for charges, - ib 

Sect'ry. to advertise for proposals to furnish wood, ib 

GOVERNOR— 

See "APPROPRIATIONS," "BOUNDARY," "CA- 
NALS," "COURTS," "ELECTIONS," "JUSTICES 
OF THEPEACE,""LAWS," "NOTARIES PUBLIC," 
"PUBLIC OFFICERS," "RECORDERS," "REVE- 
NUE," "SALINE RESERVES," "SCHOOL FUND," 
"SCHOOL LANDS," "SEMINARY LA.NDS," "SUR- 
VEYOR," "WILLS, TESTAMENTS, &c." - 208 
GUARDIANS— 

Ad litem to be appointed in certain cases, - - 227 

May mortgage real estate of wards, - - 234 

Mortgages made bv, must be under the authority of court, &c. ib. 
HORSES— 

Any stud horse overt year old running at large may be) 
taken up, duty of person taking up and justice of the > 
the peace, expenses to be paid b_y owner, ) 75 

Horses kept for stock accidentally breaking away how to> 

be disposed of 5 ih. 

No owner appearing for horse, he shall after recovery be t 

set at large, ) 76 

Persons having diseased horse. Sec. not to suffer it to run t 

at large, penalty for so doing, 5 ib. 

Punishment for indecent exposure of horses and mares, - ib. 

IDIOTS, LUNATICS & PERSONS DISTRACTED— 

Creditors or relations may call a jury to try the fact of i 
idiocy, &c., jjidge, if an affirmative verdict be found, > 
to appoint conservator, j 77 

vionservator to give bond and security, - , - ib. 

Duty and authority of conservators, - - 77 & 78 

Upon restoration of reason property to be restored, and ) 

conservator compensated, S 78 

INSOLVENT DEBTORS— 

Debtor refusing to surrender property to satisfy execution,) 

Ca^ya may issue, affidavit being made, J 78&79 

Judges of probate to have exclusive original jurisdiction, - ib. 

Defendant under arrest for debt may be conveyed before ) 

judge of probate, " 5 ib. 



INDEX. 265 

INSOLVENT DEBTORS— Continued. ' Page. 

Judge of pro!. ate to require a schedule of e=fnte, sworn ) 

and subscribed by debtor, which shall be certified by> 79&80 
judge, ) 

Creditors rray conteft the truth of schedule, and call for } gQ 

" witnesses, judge of {irobate to issue subpoenas, ^ 

Examination may b*' adjourned, debtor gving bond - ib. 

Assijfnee may be appointed, - - - - ib. 

Discharge may be granted when and effect thereof, - 80&81 

Either creditors or debtors may appeal to circuit court, - 81 

During pendency of appeal none but perishable property > -i 

shall be sold, } 

Circuit court to make just and equitable order, - - ib. 

Debtor arreste*! on a charp-e of fraud may require sheriff ) oo 

to c(!nvey him to probate olEce, judge to issue venire.^ ) 

Either party may appeal, - . - - - ib. 

Jury to he allowed to debtor, b^* judge, to try the fact of ) ., 

refu?al, to surrender (property, ii judgment accordingly.^ 

Duty and authority of cissign^e, - - - 82, 83 &; 84 

Judge of probate to make order of diatribution, - - 8.3 

Assignee to receive reasonable compensation, - _ 84 

Fees allowed judge, _ _ _ _ . 84 

Proceedings in ctise of insolvent judge of probate to be ) o. 

before county commissioners, ^ 

Effect of discharge, ----- ib. 

Acts repealed, - - - - - ib. 

JAILS AND COURT HOUSES— To be erected in every county, - 53 

JOURNALS— Of the Legislature to be publishetl, ... 106 

JUDGMENTS AND EXECUTIONS— See "INSOLVENT DEBTORS"— 

Judgments upon attachment to create a lien upon estate, > « 

attached, . ^ 

Executions upon attachments how issued, - - - 9 

Goods, chattels, and real estate subject to execution, - 85 

Judgment a lien for seven years upon defendant's real \ 
estate, if any execution be issued within a year after r 
rendition, time of restraint by injunction &c. not to be^ ib. 

computed, } 

Defendant dying before execution, remedy not thereby > -. 

delayed judgt. continued a lien, ^ 

Land held under certificate under same liability, - ib. 

; Judgment to bear interest, - - - - - ib. 

Execution may, imdet certain restrictions issue against > oi; 

body of defendant, ^ 

Executions returnable in 90 days, sheriff to endorse time > -. 

cf receiving them, ) 

Replevy bonds to have the force and effect of judgment, ) -l, 

not re[)leviable, \ 

Sales under execution to be at public vendue, and be ad- 
vertised, penalty against sheriff for omission of fhity,^ 87 
penalty for tearing or defacing advertisement, failure 
in neither to affect sale. 

Property levied upon to be valued, and sold to the highest 
bidder, except on contracts formed before the oi)pra- 
tion of the act, when it must sell for two-thirds of the 
valuation, plaintiff at liberty to take a sufficiency at 
that rate, or judgt. ceases to be a lein, pl.iintiff with 
certain exceptions may elect the property to be levied 
upon, property, if susceptible of divison, to be divided 
into parcels • 88 

Sheriff to give certificate to purchaser, and file duplicate > .. 

in clerk's office, y 

Defendant may redeem his property within 12 months, > rr jEr rq 

he paying principal and ten per cent interest, $ 



^ 



Ki" 

•i06 INDEX. 

I'j JUDGMENTS AND EXECUTIONS— ronimwei. Page. 

^»' Defendant not redceming,any judgment creditor may with- ) , 

' ■■ - in three months redeem, C 

Property not redeemed in fifteen months, sheriff to give deed / ., 

to purchaser, \ 

Sheriff going out of office, his successor to make deed, and (> j.^ on 

in case of death of sheriff, deputy's powers not suspended, C 
Ten days notice of sale of personal property — penalty for ) qq 

taking down or defacing notice, ^ 

Defendant may replevy property by giving bond, . . ih. 

Mortgagee may sue out scire Jcicias, t^ke judgment, and selO 

the mortgaged premises — judgment on mortgage to create > 90-91 

a lien on mortgaged prcnises only, 3 

Certain household necessaries exempt from execution, . . 91 
Judgment debtor to retain his right to pay in state paper, — ) 

judgments on contracts for state paper, to be rendered > ib. 

for the equivalent in specie^ 3 

Payments in favor of state bank must be paid in state paper, ^ 

or full amount in specie — courts to note upon the record > 92 

the amount with interest, ) 

Judge may stay execution, . . . . ib. 

Acts repealed, . . . • , . ib. 

Justice of the peace may, upon affidavit, issue" ca. sa. 94-95 

Judgments by default against special bail may be taken be- ) o,- 

fore justices of the peace, ^ 

Judgments in cases of controverted land title between occu- i 

pying claimant and others, how entered, and proceedings > 99-100 

iQ ) 

J 

JUSTICES OF THE PEACE— 

Jurisdiction of, in cases of attachment en-) o 

larged, ) 

May take acknowledgments of deeds, and/ 24-2'' 

how authenticated, > 

Duty and authorit}' of, in cases of contest-) go 

ed elections, ' ) 

Duty of, with regard to stud horses found ^ "^6-77 

running at large, ^ 

Jurisdiction in cases of persons suffering) „g 

diseased horses to run at large, ) 

Jurisdiction in cases of indecency, 76-77 

Defendant in execution issued by, may) o^ 

replevy property levied upon, ) 

Certain property exempt from execution, 91 

New districts for election of, may be formed, 93 
Elections of, and constables, and term of) -. 

service, ^ * ' 

Vacancies how filled, ib. 

Districts may, with consent of voters, be) ., 

^ altered, f '°' 

No alteration of district to affect thci 

tenure of incumbents, 
Resigning, Sec. to deliver over dockets and 

papers, and laws, and in case of 

death, person having possession to 

deliver over, 93-94-105 

Additional Justice may be elected for) 

county seat district, y 

Vacancies in the office of constable how) „. 

■ ., , filled. C ^4 



1 



ib. 



INDEX. 

JUSTICES OF THE PEACE— Con/ini/eJ. 

May, upon affidavit, require bail, in ac- 
tions of trover and trespass, and, up- 
on affidavit, issue ca. sa. — liability of 
special trir»l — proceedings, sumnttons 
and service thereof against bail. 
Judgments by default may be taken i 
• against bail, and execution issuodv 
thereupon, ^ 

What i-hall be good defence by bail, 
Appeals allowed, 

Parties to suits before, may in certain) 
cases svt^ear to their demands, ^ 

In appeals same rules of evid«^nce to gov-> 
em \ 

Pajment or tender of demand to consta- i 
ble with costs, to exonerate defend- v 
ant from further cost, j 

iS[on-residents commencing suits to give 
bond and security, form of bond, lia- 
bility of security, — suits shall be dis- 
missed for want of bond, 
Continuances may be allowed — deposi 

tions taken, and how. 
Jurisdiction of, in cases where administra-J 
tors, &c. are a party, ^ 

Defendant evading process, service hov/ 

made, 
Original jurisdiction in cases of assault, 
Sec. exclusive — appeals allowed — 
court to give judgment and impose 
the fines, 
iVIalicious prosecution liable for costs, 
Law re-pealed, 

To take cognizance of ^abbath breaking, 
Jurisdiction of, in trespasses on land, 
K 
KASKASKIA RIVER— See "RIVERS." 

L 
LAND— 

Deeds to, sold under execution, on attachment to be made by) 
sheriff, - - . . _ ^ 

Selected on the route of Illinois and Michigan canal, how and 

on what terms sold, .... 

Patents to, sold by canal commissioners, obtained from the gov- 
ernor, and how, - - . . . 
In cases of private sales, 
Occupant of, in certain cases, exempt from the payment of rents, 

&c. to the party holding adverse title, 
Court giving judgment of eviction to appoint 7 com'rs to assess 
the value of improvement?, and assess damages — assessment 
how to be made — to be lodged with clerk — to be entered as 
judgment — wherefor bond may be given, Sec. . 

What to be taken into consideration in tne assessment, 
Commissioners shall assess the value of land exclusive of im- 
provements — value of improvement exceeding that of the 
land, judgment to be taken against proprietor for the ex- 
cess, wherefor he may give bond, 
Style, qualification and duty of commissioners, 
Commissioner to stale items — their compensation, 
Same proceedings may be had by motion, or consent, 
What shall be deemed notice of conflicting title, 
Effect of notice to those claiming under occupant, 
Court may issue precept to stay waste, Sec. 



1 



267 

PAGE. 



?4-95 

95 

9G 
ib. 

ib. 
ib. 

ib. 



96-97 
97 

ib. 

ib. 



98 

ib. 

ib. 

139 

188 



9 

15-16 

16 
17 

99 



ib. 
100 



ib. 
101 
ib. 
ib. 
ib. 
102 
ib. 



208 INDEX. 

LAND — Continued. page. 

Conirrcss assenting, saline lands on Vermillion river to be sold, 143 

Register and receiver appointed, . . . . . ib. 

Sale to be advertised, . . , . . . 144 

Order in which tracts are to be offered at sale — minimum price,) .. 

one dollar per aero, . . . . . ) 

Purchaser to get receipt, ..... 145 

A.niitorsto keep record of all saline lands, . . . ib. 

Auditor to prepare patents and transmit thera to register, . ib. 

Governor to announce assent of Congress lo sale of school lands, 150 

Commissioners to sell to be appointed by county comm'rs' court, ib. 

Sales to be upon petition of itihabitants, . . . ib. 

Notice of sale to be given — sale to be at court bouse, during the> . ^q 

sitting of the court — miniDiiim price ^^1 25 cents per acre. ) 

Payment not made, defaulter liable for diiierence in amount oi I ., 

second sale, . . . . . S ^ ' 

Patent signed by governor, and countersigned bj auditor, to issue, 153 

Not sold at public sale, qjuv be bought at private, . . 154 

Auditor to niike record of seminary lands — record to be admit-) , _r, 

ill } I5t> 
ted as evidence, .....) 

Auditor to give notice and sell — minimum price $\ 25 per acre, 159 
Auditor to make deed to purchaser — upon payment, . . . ib. 

Purchaser making default in payment, land to be re-offered, and) ^ -« 
he liable fur difference, ..... ^ 

To be sold in tracts of 80 acres, and in certain- order, . . ib.- 

Those leased not to be sold until term expires, . . 160 

Pre-emption allowed — right how established, . . . ih. 
Not to be sold at private sale, except to those having right of pre- 
em()tion, until offered at public sale — leased, to be sold af- 
ter expiration of term— persons wishing to purchase at pri- 
vate sale how to proceed — auditor to keep account of sales 
treasurer also, ...... 160-16! 

Money to be paid at the treasury, , , . . . . 161 

LAWS— 

Appropriation to the clerks of tiie committee revising the, . 6 

^' to the secretary of state for preparing for ihe press, ib. 

Common law of England, and English statute in aid thereo*,) .^^ 

not lora , declared in force, y 

The repeal of a repealing statute not to revive the original, ib. 

Governor to transmit to federal and state governments laws of) -^r. 

1IT • f 1 V** 
IjiUClS, ) 

2000 lopies to be published — contents whereof, how arranged, 104 

Each law to have marginal notes — date of passage, and operation, ib. 

Printing to be su[jerinteoded by secretary of state or agent, ib. 

Hov^ distributed, ' . 104-105 

Clerks of county commissioners' courts to give receipts — receipts) .^_ 

to be produneo to secretary of stat'-", ) 

Clerks to take receints — holding two offices not to entitle a per-) ., 

sot! to I wo copies, ) * ' 
Laws to be returned ujjon expiration of term of office — penalty) - ., 

for failure, ) 

Receipts and expenditures of public money to accompany laws, ib; 

Expense? h >w paid, . 106 

List of private, 240-241 

Ordered to be reprinted, 238-239 

LITTLE WABASH— 

Allen Rudolph authorized on certain conditions to build aj 

bridge over, 



1 

M 



12-13 



MECHANICS— 

Builders to have a lieu upon their work, , , 106 



INT>EX. ^69 

MILITIA— PAGE. 
EnumGration of persi .s < l-'jiCc' to military duty to be madp, i 

and repf^r'cd to Adjutant General, by Commissioner ta-v 18—19 
king cer.su?, - - _ - _ \ 
One regimerila! and one company muster to be held, and ") 

timfts of holding the same. Brigade inspector not re- C 107 
quired to inspect, - - - > x 

Biig. General may change time of holding musters, ib. 
Commanders of companies may receive excuses from delinquents, ib. 

Fines for delinquency - _ _ _ j^j 
Persons conscientiously scrupulous exempt on certain conditions, ib. 

Law requiring additional musters repealed, - 108 

mills- 
John Camerobt and James Rutledge, authorized to erect ) 

dam on Sangamon river — to give bood — upon notice toV 132-133 
alter or move dam, \ 

•MONEY— 

Legal rate of interest to be 6 per cent., contracts for greater > ino *, i aq 
rate valid, except in case of Banks, ( l ty & IU9 

MECHANICS— 

Builders to have a lein upon their work, - 106 

N. 
?^EGROES— . 

To produce certificate and give bond to obtain residence — ) 

penalty for harboring negroes who have not complied — v 109-10 
act not to effect present negro residents, 5 

Not complying with the act to be arrested, notice, negro to 
be hired out, no owner appearing in certain time, sheriff 
to give a certificate, which on being produced to circuit 
court shall entitle negro to a certificate of court, fees and 
costs to be paid to owner of runaway, owner entitled to 
earnings of runaway, reward offered may be claimed, J 10-1 1 
Intermarriage of wbite and colored persons inhibited, pen-) 

alties therefor, against parties, clerks, &c. \ ^^ 

Slaves hiring in this state suing for their freedom how> 

dealt with, i ^" 

NOTARIES PUBLIC— 

To be appointed, term of service, duty, to give bond,) ..^ 
those now in office not to be suspended, ^ 

O. 

OCCUPYING CLAIMANTS— See " LAND." 

P. 

PATENTS— See " CONVEYANCES." 
POOR— 

Other than paupers falling sick, &e. overseers of the poor upon 
complaint, to order them assistance — dying, to provide de- 
cent burial — expenses whereof to be paid by county commis- 
sioner's court out of county treasury, - - - 113 
PUBLIC OFFICERS— 

Against whom judgment has been obtained, not i 

to draw any pay until it be satisfied — Cashv 1 14 
ier to report defaulters to auditor, ) 

Att'y general and state's att'ys required to give bond, 1 15 
Cashiers of state bank to report to governor ac-) .. 

count of notes, &o. ^ 

Persons paying money may in certain cases be> .. 

liable to pay a second time, 5 

(J/crtain offices declftred vacated by non-residence) ., 

of incumbent, t *" 

B b 



^TO INDEX. 

TAGK. 
R. 

^iECORDERS— 

Office of, vacated by non-residence, ... 115 

Office of established — recorders to provide books, &c. < 116 

Satisfaction of mortgage to be entered on the margin of record, ib. 
Appointed by governor and senate — to give bond, - - 117 

Penalty for officiating without having given bond— but a i 

failure to give bond not to operate against parties to > ib. 

deed, j 

To keep an entry book — record deeds in turn — to keep) ., 

an index to record — give receipt containing abstract, $ 
Former law repealed, - - - - - 118 



REVENUE^- 



Proceedings against collectors of, may be had in sup. court, 41 

Governor authorized to borrow school and seminary funds) ..„ 
and terms, $ 

Money borrowed to be deposited in treasury — w arrants is- i 

sued after 1st April, 1829, to be paid therewith, ex-> ih. 

cept when otherwise specially required, j 

Warrants issued before 1st April, 1829, to be in state) ,,q 
paper at 70-100, S ^^^ 

Treasurer to burn certain portion of state paper, - - ib« 

How- residents owning lands in foreign "county may list. 

such lands — and how they shall be described — and/ .. 

taxes whereon how paid — taxes on lands not patent- 1 * 

ed to be proportionate, ' 

Sheriffs to settle for county at March term, - - 120 

Land tax in military tract to be paid into state treasury™ 
in lieu of resident land tax, ^75 state paper to be 
paid to each county in military tract — commission to 
sheriffs of such counties, - - - - - ib. 

County treasurer to make return by the first of July — cl'k 
to transmit to auditor a transcript — auditor to sell res- 
idents lands not listed with county treasurer, whereon 
taxes are not paid as non-residents — compensation of 
clerks of counties for list, - - - - ib- 

Clerk to note in appendix lands listed lying in another) ., 

county, and correct inaccuracies, ^ 

Auditor not receiving list from clerk to send meseenger — ) 

com{>ensation of messenger — fine against clerk for^ 121 
not sending list, ) 

Sheriff not to sell land lying in another county, but if un- 1 

able to make the amount out of owners personal pro-> ib. 

perty to certify to auditor, } 

fMicriff not paying over, treasurer to proceed against him \ 

before county commissioners' eourt — and in what man- > ib, 
ner, ) 

County treasurer may in some cases revalue property, - 122 

Lands to be sold by auditor shall be advertised — com- 
pensation to printer — distribution by the printer of ad- 
vertisements — exceptions to auditor's deed unless ap- 
plying to merits shall be ovtrruled, - - - ib. 

Land sold a second time may be redeemed, with per cent. ) 

on last sale only — two or more tracts may be convey- > ib. 

ed by one deed, ) 

Sale of lands or town lots by sheriffs for taxes declared 
valid — sheriff to give certificate and keep list — origi- 
nal owners may redeem within two years — original 
owners not redeeming, sheriff to make deed to purcha- 
ser, ..-...- 123 
On proper notice being given, and affidavit made, auditor) -. 
may in certain cases issue duplicate deeds, ) * * 



INDEX. ^ ' ^ 

REVENUE— CoHhnwerf. paqe. 

County commisioners' courts may lay tax on ferries for) .. 

improvement of roads thereon, ) 

Laws repealed, - - - - - ih. 

Fees, - - - . . - - 141 
RIVERS— 

Kaskaskia, board of commissioners appointed and incorporated i 

for the improvement of the navigation of, their duties and v 124 
authority, 1 

Commissioner to can5e the obstructions to navigation to be removed, 125 

Commissioner's compensation — appropriation, _ - - ib. 

Commissioners to select lands given by congress and report to) igc_Q 

auditor — auditor to sell and pay over proceeds, S ^ 
ROADS— 

Leading from Springfield to Paris changed — John Dawson, Se-) 

royel Cox and John Hoover, commissioners for that pur- > J 26 
pose, their qualification and duty, ) 

Said road declared a liighway, to be opened four poles wide, ib. 

FfomCarmi to Collins' ferry declared a state road, - ' - 127 

Appropriation for improvement of Vincennesand Carlyle road, ib. 

Brooks, Curtis and Murphy, commissioners to re-locate road) .^p 

from Paris to Vandalia, ^ "^ 

Commissioners to locate road from Belgrade to state road from) -i 
Golconda, ^ 

Commissioners to locate road from IHinoistown to Litde Mudd>', 123 

Commissioners to locate road from Hillsboro' via Shelby ville to ) 

Paris, commissioners to locate road from Law renceville tov ib. 
Springfield, ) 

Commissioners to locate road from Shelby ville to Illinois river, 1 ^0 

When and where certain commissioners are to meet, - - ib. 

Surveys to be lodged with oierks — county commissioners' courts) •, 
to appoint supervisers, ^ 

Compensation of commissioners, - - - - ib. 

Road from Vandalia to Springfield declared a state road, . - ib. 

Commissioners to locate road from Curtis' bridge to Edwardsville, ib. 

Certain roads to Beard's ferry declared highways, - - l^M 

Road from Irvin's to McKinzey's declared state road — commis- 
sioners appointed to locate road from McKinzey's to Equal- 
ity — road from Garrison's to Baker's (White county) decla- 
red state road, - - - - - - - ib» 

Commissioners appointed to lay out a road from Vandalia to^ .g^ 
Lebanon, ^ 

County surveyors of Scbujler and Adams counties to survey) ,<>•> 
certain road, ^ 

Road from Vincennes to Danville declared state road, - - ih. 

Commissioners to lay out road from IJarrisonville to Kaskaskia river, 134 

Commissioners to lay out road from Columbia to Mississippi river, 13.3 

Commissioners to lay out road from Paris to state line, - ib. 

Commissioners to lay out road from Georgetown to Dillingher's mill, 130 

Commissioners to lay out road from Vincennes to St. Louis, - ih. 

s ■ 

SABBATH BREAKING— 

Labor or amusement, to the disturbance of society on Sun- 
day, prohibited — penalty — disturbing religious congre- 
gation deemed a misdemeanor and punished — not to af- 
fect watermen, nor to restrict in constitutional privile- 
ges I38-1C9 

Persons making noise on Sunday how punished, . . 139 

Justices of the peace to take cognizance of offences, . ib. 

Party to be entitled to jury, ib. 

Appeals to Circuit Court allowed, ib. 



272 INDEX. 

SALARIES, FEES, &c.— See '^APPROPRTATTONS"— 

Clerks may issae fee bills to constables, • . . 140 

Fees of judges of probate — bov/ collected by them, . 140-220 

Certain- fees disallowed to clerks of county commissioners' ) ^.^ 
courts — recorder's fees, ^ 

Commission to sheriff's Avhen execution is stopped disal- i •. 

lowed, y 

Clerks of supreme, circuit, ard coimty commissioners' ) j^ 

courts, and notaries' public, fee takic^ proof of d?ed, y 

Clerks of county commissioners' court, fee for certificate ) jj^^ 

of mat^istracy, y 

Fee to allotncers authorized to take proofs, . . . ib« 

SALINES — Owners and lessees to secure salt water from cattle, . 142 

SALINE RESERTES— 

Parts of former law repealed — certain appropriations, . 142 

Commissioners to report, ...... 143 

Report of Leo. Wliite, John Black, and Benjamin Cum- ) ., 

mins received, fbrmer law continued and confirmed, y 

Appropriation to Cash river bottom out of the proceeds of, ib,- 

Vermilion, as soon as conp;ress assents, to be sold, . . ib. 

Register and receiver appointed, who are to give bond, i ^^^ 
and, when required, to furnish additional security, y 

Register and receiver to advertise, when notified by the ) ^^ 
governor, y . ' 

Mode of selling, ........ ib. 

Register and receivers to keep a record of sales — receiver 
on receipt of purchase money to give purchaser dupli- 
cate receipts, one of which purchaser to deliver to regis- 
ter — lands not sold at public sale may afterwards be 
entered at private sale, ..... 144-145 

Application to purchase at private sale to be made in wri- ) ^^^ 
ting to register, y 

Register to report to auditor every three months, . . ib. 

Auditor to fiie registers reports, and keep a record of sa- ) -v 

line reserves, y 

Auditor to prepare and transmit to the register patents for ) -, 

lands sold, having made an entry thereof, ^ 

Receiver to pay over to Wm. Wilson proceeds of the first i 

10,000 acres sold — which is appropriated to Big Wabash > 146 
river, } 

Wm. Wilson to give bond, ...... ib. 

Of the proceeds of sales after those of the first 10,000 acres, 
to be appropriated, $1000 to the navigation of the little 
Wabash ; 700 to state road from Vandalia to Golconda ; 
2000 to Kaskaskia river; 1000 to Sangamon river ; 800 to 
Macoupin river and roads in Green county ; 2000 to Ver- 
milion river ; 800 to bridge Bruett's and Sugar creek, 

• and roads in Edgar county"; 800 to Big creek. Stony 
creek, Mill creek, and bottom between Stony and Bohn's 
creek; 1000 to Rackoon, Hudson, Sugar and La Motte 
creeks, and bottoms thereof; 1600 to improvements in 
Lawrence county, ..... . 147-148 

Appropriations of proceeds, how to be paid, surplus to be i 
paid $200 to Greene county, 1000 to Sangamon county, > 148 
and the residue into state treasury, ) 

Receiver every six months to settle with auditor, and de- ) -v 

posit receipts, y 

Compensation to register and receiver, .... ib. 

Former law repealed, ....... 149 



INDEX. 2*^^ 

PAGE. 

SEALS' — Secretary of state to procure for state and supreme court, Ibb 

Auditor to issue Lis warrant upon the certificate of secretary, ib. 
County commissioner's courts to procure county seals, - ib 

SECURITIES-^ 

In bonds, &c. may in certain cases require creditor to insti- } ^rc-ica 

tute suit against principal, ^ 

Representative of deceased security may require suit by i 

the creditor or the representatives of the deceased > 15G 
creditor,, ) 

Privilege not t3 exend to parties to office bonds, &c. . . ib. 
Remedy of creditor not to be impaired, .... 157 
Security against whom judgment is rendered, upon dis-^ 

charging the same, may obtain judgment against princi- > ib. 

pal on motion, * } 

In cases of several obligors upon motion in certain cases, i 

judgments maybe entered against them severally, for^ ib. 

their respective proportions, } 

•Security siiail not let judgment go, to harrass principal, . ib. 
Bail to have sameTemedies as other sureties — no judgment ) 

on motion shall be obtained unless notice shall have been - l.^T-no 

given, ) 

SEMINARY FUND— 

Governor authorized to borrow, ..... 1 1f; 

Governor, auditor, attorney general, and secretary of stale } 

commissioners anpointed to vest in productive stock, ^" 
SEMINARY LAND— 

Auditor to record description of, which record shall be evi- } 

dence, governor to inform auditor when applied to, ^ 

Auditor to give notice and sell — for at least $1 25 per acre, 150 

Auditor to make deeds to purchaser, .... ib. 

Purchaser making default in payment, land to be resold, 

and he pay the ditferenee — for which auditor shall sue. 
To be sold in eighty acre tracis, and in a certain order, ', ib. 
Leased, not to bcotlercd for sale until expiration of lease, 160 

Right of pre-emption allowed — right how established, . ib. 

Not to be sold at private sule, except to actual settlers, until 

offered at public — after expiration of leases, auditor to 

advertise and sell — those desiring to purchase at private 

sale how to proceed — auditor to keep account of sales, 

treasurer also, ?60-lGl 



101 



15! 



10. 



Money to be paid at the treasury, and aj>propriat£d*'lo edii- ) 
cation, *'' } 

Commissioners of seminary fund appointed to vest finid in ) 



161 



ib. 



stock, and report to Gener^J Assembly 

Former law reoealed, . ... « . . .' iQ2 

SCHOOLS— See ^'SCHOOL LANDS.'' 

Parts of former laws repealed, .--... 149 

Auditor to issue warrant for scliool purposes, • • . ib 

SCHOOL FUNDS— 

Governor authoriz:ed to borrow, , . . . . jj^ 

Thus borrowed, to be deposited in the treasurv, . ih 

SCHOOL LANDS— ^ ' 

As soon as congress assents to sale of governor to announce > 
. . it by proclamation, ( 1-50 

County commissioners' courts to appoint agents, who shall ) 

be residents and give bond, > . ib. 

.Additional security may be required of the agents— may f 

be removed from offjce— clerk to give agent certificate, ^ •■^^-''^ 
Bb* 



*^^^ INDEX* 

SCHOOL LANDS— Conhnwe^f. page. 

Agent to keep a record, . . . . . . 15 i 

Inhabitants of township, desiring their school section s«ld, ) ., 

to petition agent — petition how authenticated, ^ ^ ' 

Upon petition, agent to sell — to give notice of sale — sale to ) 

be by public vendue, at the county seat, for at least § 1,25 > 151-52 
per acre, 3 

Purchaser shall on the day of sale or mornmg succeeding 
sale pay the purchase money — agent to give certificate — 
party purchasing and failing to pay liable for difference 
of next purchaser's bid, . . . . . . 152 

Agent to report to county commissioners' court, and to au- ^ 

ditor, patents to be made by governor, countersigned by> 151-52 
auditor, 3 

Auditor and secretary of state to give information, " . . 152 
Agent to keep a record of petitions, signers' nams, sales, &c. i 
shall loan the money at interest — security to be given by v 132-53 
borrower, j 

Lands not sold at public sale may be bought at {)rivate, . 153 

Penalty for trespassing upon, and how recovered, . . 187 

SERVANTS— See "SLAVES." 
SHERIFFS— 

Duty of, in relation to special terms of courts, . . . 45-46 
Of Fayette county allowed compensation for attending on ) ..^ 

Supreme court, ^ 

See "ATTACHMENTS," "COURTS," "ELECTIONS," 
"ESTRAYS," "INSOLVENT DEBTORS," "JUDG- 
MENTS AND EXECUTIONS," "NEGROES," "REVE- 
NUE," "STATE BANK." 
To attend courts of probate, when required, serve process, ) ^og 
and compensation, ) 

SHOWS AND JUGGLERS— 

Prohibited unless licensed by clerk of county commissioners' > i62.fi^ 

court, upon receipt of county treasurer — penalty, ) 

Complaint on oath being made, capias shall issue against ot-> - „_ 
fender — not iuade, summons to issue, ^ 

SLANDER— 

Certain words deemed, 163 

SKILLET FORK — Any person, on certain conditions, authorized to ( .^ 

erect a bridge over, \ 

STATE — How suits are to be brought by or against, and effect of judg- ) .«. 

ments, $ 

STATEBANK— 

Cashier of, to report certain defaulters to auditor, . . 114 

Attorney general and state's attorney's to give bond for money ) . . ^ 

collected for, ) 

Cashier to report to governor amount of notes put into the> •, 

hands of attorney?, ) 

Persons paying money to attorney general or state's attorney, ) 

for, after notice of such attornoy's not having given bond,> ib. 

shall be liable to pay a second time, ) 

Debts due, not to be reduced ti> specie value of paper, . . 1 64 

Where debts have been so sealed, the full amount to be collected, ib. 
Law requiring cashier to make a descriptive list, . . . 165 
Casi-ier of branch at Shawneetown, or state's attorneys in i 

that district, authorized to take certain appeals— furthers 165-66 
authority allowed them, ) 

Debtors to be allowed to pay in three instalments from May, 
IR29 — by giving new notes and security — form of note — in- 
terest to be remitted, if the note be punctually pnid— y^herc 
suits are pending or judgments recovered, party to avail 
himself of relief .must pay the costs— mortgages not to be 
affoctpcf, 166-167 



mDEX. 275 

STATE BANK—Coniinued. page, 

Until the 1st Sept. 1829, given to debtors to avail themselves 
of the act — when a debt is settled, cashier to deliver all 
previous siotes — if judgment has been rendered, satisfaction 

to be entered of record, 167 

Debtor whose property has been bought in by bank, allowed) .. 

the same privilege — whole of debt to be secured, ^ 

After first September, 1829, property bought in b> bank to be J 

sold — bonds, having effect of judgments, to be taken for> 167-68 
purchase money — on payment cashitr to execute deed, ) 
May appeal to court from justices, without bond — at what i 

rate state paper to be paid fur costs — officer collectihg ^o> 168 
keep a descriptive account of moneys received by them for. j 
Office of cashier of principal bank abolished — to deliver over) .. 

papers, &c. . ^ ' 

Treasurer to perform duties of cashier, . ... 169 

Debtors paying in full bj' the first July, 1830, releised from in-) 

terest, ^ ^'^' 

Additional compen?ation to attorney general and stales' at-) .. 

torneys, ^ ^ * 

House of, to be repaired, . . . .... 170 

ST ATE HOUSE— 

Secretary of state to take charge of — clerks of each house to) .mr^ 
furnish an inventory of furniture, ) ' 

To be repaired, ib. 

STATUTES— See ^'LA WS." 
STRAYS— See ''ESTRAYS." 
SURVEYOR- 

Office of county, vacated by non-residence, - - 115 

To be appointed by ijcgislature — vacancies to be filled ) 

by Governor — ab'-euce with family for 9 months v 172 

accounted non-residence, ) 

To take an oath beibie a judge or justice of the peace, - ib. 

To make all surveys in his county when called upon, - ib. 

May appoint deputies, - - - - ib. 

Chainmen to be sworn, - _ . . 173 

To farni«h to'r'wiielves with the original field notes, and 
make surveys agreeably thereto — corners how ile- 
signated — to furnish proprietor with oopy of origin- 
al field notes — to keep a record of surveys, which 
shall be subj«.ct to inspection, and which shall be 
admissible evidence, - . - _ ib. 

To deliver record to .successor— p^TTiaUy for failing re-) ^^ r 

cord not conclusi/e. ' ' > 1/3 & 174 

T ^ 

TAXES— See "REVENUE." 
TOBACCO INSPECTION— 

County commissioner's courts to authorize the erection of i 

warehouses for, and require bond of persons applying for ^ 174& 175 
permission, ) 

County commissioner's courts, annually, to appoint inspectors, 
whose duty to inspect all tobacco brought to Avarehouses 
for that purpose — vacancies to be filled by county commis- 
sioner's courts — additional inspectors may be appointed, - 175 

Inspectors to give bond, and take an oath — penalty for acting) t-^c v^ i^p 
without, ) 

Inspector to attend at all times except Sundays and sickness,) ^^-j 

when required — penalty for failure, ) 

Inspector to keep a book — mode of inspection — tobacco to be) i-'p St\''"i 
weighed and marked — to give receipts — form, y ' 

Tobacco refused how disposed of — to grant a manifest, with- 
out which owner shall not sell such refused tobacco — 
penalty — owner may take refused tobacco with the mani- 
fest to another warehouse for re-insoection - - 177 & 178 



2/6 INDEX* 

TOBACCO INSPECTION— Coniwued. * page 

Fpcs of inspectors, and to owner of warehouse — inspectors an-) 

nually, to report to county commissioners' courts — making V 178 &179 

false reports how prosecuted and punished, ) 

Inspector to store tobacco carefully, •- - - 179 

Successor to give predecessor roceipt — liability of successor, ib. 

Inspectors to give receipt for tobacco deposited for inspection, ib. 

Lost receipt, upon ufidavet, supplied by dupJicates, - 180 

Inspector shall enter in his book, marks, number, (fee. - ib. 

What shall be deemed lawiui and what unlawful tobacco, - 18l 

Penaity for inspector deliver-ng other thau the right hogshead, ib. 

Penalty for receiving or offering bribe, - - ib. 

Forging receipt how deemed and punished, - - ib. 

Per-ons erecting warehouses to provide prize scales and weights, 182 

County commissioners' cf>urts to appoint commissioners ol^ ., 

warehouses — their duty and compensation, ) 

Inspectors exerapted from militia and jury duty, - 18'2 

Penalties recovered by county treasurer, - - ib. 

Inspectors in certain cases may examine tobacco in private) ip'>_io-:> 

warehouses, ) 

Owners not removing tobacco in certain time, tobacco to be ad- 
vertised and sold — costs and fees to be paid, residue pro- 
ceeds of sale to be paid to owner, if called for in 5 years — 
other property remaining over 15 mouths, without payment 
of fees, to be sold, - - - - 183 

TOWN PLATS— 

Proprietors of towns to have plats made and recorded, 184 

Donations marked on plat deemed general warranty, ib. 

Plats to be acknow'edgcd, _ _ _ . ih. 

Where plats have not theretofore been made out, Sec.) 

proprietors to do so by 1st August, 1825, — penalty) 184-5 
for failure, ) 

TP.EA3UF^i;R— See'' REVEN^UE;' " SALINE RESERVES," " SEM- 
INARY FUND," -'SEMINARY LANDS," " STATE BANK." 
Report of, 
TRESPASSING— 

By cutting certain kinds of timber, hov.- punishet^j 185-G 

Penalty how, by wfiom, and before wborn recovered — 
i( title to land be claimed in dc lence, justice to 
take security for the prosecution of cli"«» i/' cir- 
cuit court, dismiss the parties and trunsniit the 
proceedings to clerk. - - - - ISC 

Incase of fnrfoitarc of recognizancG how sheriff to) . _« 

pvDCced, ^ 

Penalty for similar trespoising on school lands, - 187 

How -icnalty for trespassing on school lands to be recovered, ib. 
iVlistuke to exonerate froui liability, - - - I 



op 



VANDALIA— 

Indulgence to purchasers of lots in extended to Ist August, 
lots not paid for by that time, auditor to have re-valued 
and sold, - - • - - - - 188 

Auditor to cause more lots to be laid off, valued, adverti-? •. 

sed and sold, 5 

Lots not sold at public sale may be entered with auditor, 189 
"Perryville judgments" receivable in payment - ib. 

Lots forfeited how redeemed, - _ - ib. 

A part of the public square to be laid off into lots, valued) ^^ 

and sold, ) 

Expenses to be paid out of avails of sales of lots, - ib. 

VICE AND IMMORALITY— See "SABBATH BRE^\K1NG " 



W 



211 

Page. 



190 



WEIGHTS AND MEASURES— 

County commissioners' courts to provide certain for stand-) 

ing — clerk? to sea^ those used, ^ 

County comnijssioners to give public notice when provided 

with — persons thereafter selling by different rucucurefe or 

\veights*liahle to penalty — persons vpishing their weights 

^ or measures tried- to apoly to clerk?, . . . 190 & 191 

WILLS— 

Who may make a r/ill and what may be willed, . . 191 

What p'oof necessary to establish — when proven to be restored, 192 

Dutj of witness to attend at court of probate — failing court) .q- 

may attach and imprison, ^ 

Witness residing; out of the state, court may issue dedimus^ . ib. 

Will established for probate, duty of court to receive probate 

without delay, and issue letters testamentary, &c. validity 
« of will may he contestefi within 5 years — to be tried by 

jury — what shall be admissible evidence on such trial, . 193 

Proof of hand writing of witness, in certain cases admissible, . 194 

Wills made and properly' authenticated out of this state shall) .. 

be admitted to record when necessary, ^ * 

Nuncupative wills, under certain requisitions good — to be re-i 

corded, but letters not to issue thereupon until after 60 > 194&195 

days from decease of testator, j 

In cases of nuncupative wills judge of probate to give notice ) -q^ 

to heirs to show cause, &c., ^ '^ 

Witness being legatee or devisee, will void as to him, unless) 

otherwise duly proven — if he be an heir, to have such part^ ib. 

as would have been his share without will, ^ 

Debtor appointed executor, not thereby exonerated from payment, ib. 
Posthumous child born, legacies and devises to be abated, un-) ,q^ 

less testator disinherited it, \ 

Devisee or legatee dj'ing before testator, estate bequeathed^ ., 

how disposed of, ^ 

How will may be revoked, _.-..-- jb. 

Courts of probate to have jurisdiction in matters relating to, - - ib. 
Authenticated copies of wills proved and recorded, admissible) . q- 

evidence, \ 

In whnt courts wills shall be proven, ------ ib< 

Person having possession of and refusing to produce will, may) ., 

be compeHed, 5 ^ ' 

Will being proved and recorded, letters testamentary or of ad-) ., 

ministration to issue, \ 

Will to be proven within 30 days after testator's decease — pen-) , og 

alty for failure, \ 

Uponrcfusai or disqualification of executor, court to appoint) .. 

adm'r. with will annexed, 5 

Executor of an ex'r. not thereby ex'r. of first testator, - - ib. 

Who may be executors, - _ - _ - _ - ib. 

In cases of unavoidable delay in proving, letters to collerf. may issue, 201 
Estate not devised or bequeathecl by will, considered intestate, - 204 
Creditor may in certain cases be a witness, - - - - ib. 

Devise or bequeath to wife, to bar dower, unless renounced or) ., 

otherwise expressed, ) 

If by widow's renunciation legacies be increased or diminished, } ^q^ 

court to abate from or add to such legacies, ^ 

Heir or devisee, or his guardian may sue witlow for waste, - - ib.. 
Letters testamentary and of administration to run in the name i 

of "The People," &c. to bear teste in the name of tbev 211 

judge, and be sealed with the seal of the court, ) 

Form of letters testamentary, . . .... 2!2 



278 INDEX. 

WILLS — Continued. 1>AGE, 

Boi;dsof executors maybe put in suit — certified copies goorl) 014 c>ir 

evjclence, ) 

'Complete records of wills, &c. to be made, .... 215 

If will be discovered and proved after administration shall ) 

have been granted, letters to be revoked, and letters of a -> 216 

ministration, with M'ill annexed, or te^tamenthry, to issue,) 
If a will be set aside, after issue of letters testamentary, lette/s) 

to be repealed, and administration de bonis non tp be grant- > ib. 

ed, 5 

liCtters granted to persons who become insane may be revoked, ib.. 

Executor or administrator becoming non-resident, or neglect-) 

ing his duty, letters to be revoked, ' \ ^ ' 

In case of death, or disqualification of executor or administra- i 

tor, court may appoint others — former executor or admin- > 216-217 

istrator nevertheless liable for his acts as such, 5 

Same rules to be observed with females as with males in ap-> ^17 

plication of act, ^ 

Executors or administrators not liable personally for mistaken > ., 

pleading, \ 

Court may in certain cases require new security from execu- i 

tor or administrator, and in default of executor or admin-S ib. 

istrator furnishing it, letters to be revoked, ) 

Sales of real estate by executor, authorized by will, valid, , ^2 



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