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

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REVISED CODE OF LAWS 



OF 



ILLINOIS, 



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



PUBLISHED IN PURSUANCE OF LAW. 



SHAWNEETOWN, ILL. 

PUBLISHED BY 

ALEXANBSR F. aBAHT & CO 

LODGE, l'hOMMEDIEU & HAMMOND — PRINTERS > 

CINCINNATI. 
1829 



CONT3B3SrT£r. 



PAGE. 

.APPROPRIATIONS, - - . . . ^ 

ATTACHMENTS, - ... . . 3 

BOUNDARY LINE, - - . . q 

BRIDGES, - - . - . . J 2 

C 

CANALS, --.-,. .. 

CENSUS, . , , , :t 

CONVEYANCES, - - . . LI 

COUNTIES, ' ii 

COURTS ----- 

COURT HOUSES AND JAILS, '-"."-" ff 

E 

ELECTIONS, .. 

ENCLOSURES,. .... ' ^t 

ESTRAYS, ....... 72 

F 

FERRIES, TOLL BRIDGES AND TURNPIKES, - 73 

Gr 

GENERAL ASSEMBLY, - - - . .74 

H 

HORSES, --.-., 7^ 

I 

IDIOTS, &c ^^ 

INSOLVENT DEBTORS, - - . -78 

J 
JUDGMENTS AND EXECUTIONS, - . r;i 

JUSTICES OF THE PEACE AND CONSTABLES, - 93 

I. 

LAND, - - . . . 

LAWS, 

MECHANICS, 
MILITIA, 

MONEY, .... " ' on 

" - - 180 Ojj 

Q ' 



98 
102 

106 



CONTENTS. 



PAGE. 



N 

NEGROES, -' 109 

NOTARIES PUBLIC, - - - - -112 

P 

POOR, 113 

PUBLIC OFFICERS, - - - - - 114 

R 

RECORDERS, 116 

REVENUE, ..-.--- 118 

RIVERS, - - - - - - 124 

ROADS, 126 

IS 

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, 188 

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 LAWS 

OF THE 

STATS OF XLZ.XNOXS, 

KEViSED AND PUBLISHED UNDER THE DIRECTION AND AD 
THORITY OP THE GENERAL ASSEMBLY. 



APPROPRIATIONS. 

AN ACT MAKING APPROPRIATIONS FOR THE YEARS 
1829 AND 1830. 

Section 1 . Be it enacted hy the People of the State of^^ forqe 23d 
Illinois J represented in the General Assembly^ That the i«29^*^* 
sum of four thousand state paper dollars, and two thou- 
sand specie dollars, Is hereby set apart and appropria- Contingent 
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 %o the 
ject to the order of the governor, for the payment of any ordp of the 
expenses which may be necessary, and unforeseen by ^*^^^"^°^* 
the Legislature, and for printing and distributing the 
laws and journals of the present Genera] Assembly; a bp^jjj^j^^"^,^^" 
statement of which shall be laid before the next Gene- the next Geu- 
fai Assembly, by the auditor, in his biennial report. eral Assem- 

Sec. 2. There shall be paid to the speaker of the ^' 
Senate, and of the Hou.§e of Representatives, respect- ^ 
ively, four dollars per day, for each day of the present tiorTto^he" 
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^gp^ggg^^^^ 
miles travel, in going to, and returning from, the seat of tives. 
government. To the secretary of the Senate, and prin- J® the mem- 
cipal clerk of the House of Representatives, respect- rp^Q^j^g ^^g^ 
ively, five dollars per day, for each day of the present cers. 
session. To the enrolling and engrossing clerks of tlje 

B 







APPllOPRrATlON!"^. 



Senate, and House of Representatives, respectively, 
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 connpensation, when due, 
cd by the sec- ^^ ^|^^. officers and DK^Tibers 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 ficd by the speaker; and the compensation that maybe 
of the House due to the officers and members of the House of Rep- 
of Kepresen- j-gsentatives, 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, 
. , V respectively, who shall issue his warrant on the treasury 

fore drawn, to for 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'd f^ PJ^' otherwise appropriated. And the amount of money that 
Jaw, incases has been drawn at the present session of the General 
of payments Assembly, by the members and officers of this legisla- 
hereafter to ture, shall be 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 

tioris to Isaac his w^arrant on the treasury, in favour of Isaac Morgan, 
Mors-an, for the sum of thirtv-six dollars. And also, in favour of 

R rklmn-^' Richard M. Young,' Richard 1. Hamilton, John Y. Saw- 
ton, John Y. yer, and Alexander F. Grant, the clerks employed by 
Sawyer, and the joint committee on the revision of thei statutes, the 
f *n p'^^"^' sum of one hundred stale paper dollars each. To John 
' D. Gorin the sum of thirty-five dollars for the u?e of 
q; ta V of his room for said coTTimittee. 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 state paper dol- 
WillisHar- j^^^s. To Willis Hargrave, for money paid by him for 
grave, advertising for leases and sales of metal, fourteen dol- 

,„ rr T lars and twenty-five cents. To William C. Jones, for 

W.C.Jones, . . •' , i • *i ^ u *.■ 

surveying the situatiojis ior water-works in the (jaliatin 

T M Nioh- county saline reserve, twenty-four dollars. To Theo- 

oi's, philus M. Nichols, for kiilins; twelve wolves, the sum of 

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

his compensation in assisting the principal clerk in the 
nal ' discharge of his duties. To John B. E. Canal, for his 

W. Carrigan services as assistant secretary to the Senate, three Jol- 
A, Cowle?, lars per day. To ^Viliiarn Garrigan and Alfred Cowles* 



AFFilOPRIATIONSe 



1r 



liour dollars each, per day, for each day they have been 
-employed in assisting the engrossing and enrolHng 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-foijrth cents, state paper dollars, and eighteen dol- 
lars in specie. To William Nichols, six dollars in state Wm. Nichol^, 
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.Enoc]-.«, 
door-keeper to the Senate; and on6 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. RedmorKl, 
as Redmond four dollars, in state paper, for repairing 
the tire places, furnishing brick, &c., for the represen- 
tatives' hall. To Robert Blackwell, for printing mes- E. Blackw^ll. 
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 sumT. 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 £*. ^l"^^% „ 
Supreme Court, eighteen dollars. To James Hall,^!. ^ ^^^^"■'- 
treasurer, the sum of four hundred and seventy-five dol- 
lars, for clerk hire, for the years 1827 and 1823. To 
Robert K. Fleming, for printing bills &c. for the present ju'o- " ^^ 
General Assembly, one hundred and fifty-four dollars 
and forty-five cents, state paper. To Benjamin P. Mil- ^' ^- Miller, 
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^^^"^i"> 
desks, and other work done in the Senate Chamber and 
House of Representatives. To George Forquer, for G. Forqueh, 
extra ofiicial 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 ard 1828, o.'] account of an increase of du- 
ties, the sum of two hundred dollars, per annum; and The govemoj:, 
also the sum of three huiidred dollars, per annum, ^or^^^^^^l^^^^^^y^' 
clerk hire hereafter. And there shall be allowed to the and state's ' 
governor, the judges of the Supreme Court, the attorney attorneys, 



ATTACHMENTS. 



Clerk of the 
House of 
Representa- 
tives, 

Secretary of 
the Senate, 



Judges of the 
S; Court. 



Cn;l-,]>r of the 
i>!u';irdsville 
)^'^nnch bank. 



general, and state's attorneys, severallj^ five percent on 
the annount allowed by law for their services, for the 
years 1827 and 1828, as an indemnity for losses sustain- 
ed by them, on account of the rate at which state paper 
has been paid out of the treasury. To the clerk of the 
House of Representatives, for furnishing a copy of the 
journals of said House for the press, two hundred and 
fidy state paper dollars. To the secretary of the Senate 
the sum of two hundred and fifty state paper dollars, for 
furnishing a copy of the journal of the Senate for the 
press. To the judges of the Supreme Court two hun- 
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 
at Edwardsville, is hereby authorized to retain, out of 
any 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. 

{Approved^ January 23, 1 8 29. J 



In force 

Janoary 16, 

1829. 

Attachments 
may issue to 
several coun- 
ties. 



How served, 
nnd returned, 
Lien. 

•Lien. 



ATTACHMENTS, 

AN ACT TO AMEND AN ACT CONCERNING ATTAf^HMENTS, 
APPROVED, JANUARY 24, 1827. 

Sec. 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That where 
an attachment, either foreign or domestic, shall be issued 
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 
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 
same, in the same manner as though the suit had been 
commenced in the county where said lands are situate. 

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, 
create a lien upon all lands attached, as in other cases 
of judgments. In all cases of judgments upon attach* 



BOUNDARY. 



9 



ment, execution shall be first issued to the sheriff of the ^^^^^^*j°^ 
county wherein such judgment is rendered, and the county where 
sheritf* 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- *^.*^° ^*^ ^ ^P^' 
er county, where lands of the debtor may have been at- ° 
tached, as aforesaid ; and so on, from county to county, 
tintil the sales of the lards 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 

tiort, as aforesaid, shall endorse upon each subsequent °^ ^,™°""* 

HI rid G on I or* 
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 make 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 Part of former 
which an attachment may issue, is hereby repealed; and aclrepealed. 
hereafter justices of the peace may issue an attach- 
ment on any sum under thirty dollars. 

[Approved, January 16^ 1829.] 



--^JQF^ 



BOUNDARY. 

AN ACT ESTABLISHING THE LINE BETWEEN THE BTATES OF Is FOllCE-. 

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, 182: 



10 130t;NDARY. 

i:o act with such commissioner as should be appointed 
by the governor of Indiana, for the purpose of adjust- 
ing, running and marking the line between the states 
aforesaid, from where a north line from Vincennes last 
leaves the north-west bank of the Wabash river; and 
• whereas, 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 
said 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 
?.ine between permanent line between the states of Illinois and Indi- 
^llinois and ana, viz: commencing on the north, or north-west bank 
Indiana. ^f- ^j^g Wabash river, where a due north line from Vin- 
cennes, last crosses the said river, 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 north eighty-four degrees east, thirtj-nine 
links; thence north, commencing with a variation of six 
degrees and lifty 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 v'V. Smith is hereby authorized 
and requested, to procure and have placed where the 
line dividing the states of Illinois and Indiana, last 
placeTwhere leaves the river Wabash, a hewn stone, of at least five 
the said line feet in length and fifteen inches in diameter, and cause 
leaves the ^j-^^ 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 w^arrant 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. H 



k-^ ACT TO ASCERTAIN AND SURVEY THE KOllTHERN BOOKDARY Tn FORCE, 
LINE OF THIS STATE. JANUARY 2j 

I 829. 

Sec. 1. Be it enacted by the people of the state of 
Illinvis represented in the General Assembly^ That it shall 
be the duty of the governor to appoint a comniissionei Governor to 
on the part of this state, who, witli such commii^sioner appoint a 
as may be appointed on the part of the United States, ^^"^^"'^^io'^^^ 
shall form a board to ascertain, survey and mark the fj^^g ^^^^^ 
northern boundary line of this state, as defmed in the 
act of Congrt^ss, entitled "an act to enable the people of 
the Illinois territory to form a constitution and state gov- 
ernment, passed the eighteenth of April, one thousand 
eight hundred and eighteen." And in case of the 
commissioner appointed under this act, failing from any 
cause lo act, the governor shall appoint a commissioiiCr 
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 necesssary surveyors and labourers, and power to 
and shall meet at such time and place, as may be agreed employ sur- 
upon by the president of the United States and the ^'^yo^? ^^' 
governor of this state, and proceed to ascertain, survey 
and mark tlie said riorthern boundary line of this state, 
and report their proceedings to the president of the 
United State?, and to the governor of this state; a copy ^^ report to 
of which, the governor shall lay before the Genera] the governor. 
Assembly at the next session thereafter. 

Sec. 3. The governor is hereby authorized and em- 
powered to make a contract with said commissioner, Contract 
for runn.ir)g said line, at any sum he may think reason- Mith commis- 

able and just, not exceeding five dollars per day, for his ''^^'^'^'^ ^"'" \^}^_, 
'',:,, ., ^ . *'. ,, compensatiort 

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. A)id 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. On*^ 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 time 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 insutficient, 
sembly to ^j^^ General Assembly to be held after the work shall 
appropria- ^"^ be Completed, shall make such further appropriation as 
tions if neces- they may deem just: if the appropriation aforesaid, 
sary. shall be more than sufficient for the purposes aforesaid, 

?^I^"^^' ^^ ^^^ commissioner shall retain the same as a part of his 
compensation. 

[Approved^ January 2, 1 829.] 



any 



—^-^OP- 



BRIDGES. 



lv force, an act authorizing the building of certain bridges. 
Mai 1, 1829. 

Sec. 1. Be it enacted hy the people of ihe state of 

Illinois npresrnted in the General Asse.mhly^^ That Allen 

Toll brid<re Rudolph of White county, or his heirs, is hereby au- 

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

h^sh^ r'^" river, opposite the mai?i street in the town of Cajmi; 

Carmi. ^^^ shall be autiiorized to place a toll gate al 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 piovisions of thi? 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 



be will erect and build said bridge, and keep the same 
In repair, according to the provisions of this 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^^pt^^re- 
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 act^i^h^h/^^* 
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 person who will comply with the re- Any person 
quisitions of the foregoing sections shall be authorized complying 
to erect a toll bridge across the Skillet Fork, where ^'f^. *.^^ ^^' 
the state road, leading from Vandalia to Carmi, crosses th/suc°"m^y 
the same; and shall receive the same toll, have the erect a toll 
right thereof secured to him and his heirs, for the same ^"^^.^ Jl^''°^^ 
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 |^"?,^^'^ , 
the meaning of the act " to provide for the establish- ject to condi- 
ment of ferries, toll bridges and turnpike roads,*' ap- tions imposet'^i 
proved 12th February, 1827. And the persons who ^>.^^yji^^ 
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 
of May next. [JJpprovcd, January 20, 1829.] 



14 



CANALS. 



In force, j^y^ ACT TO PROVIDE FOR CONSTRUCTiriG THE ILLINOIS AND MiCH^- 
•^^«V«cm ^^' GAN CANAL. 

Sec. 1 . Be it enacted hy the people of the state of Ilii- 
nois^ represented in the General Assembly^ That the gover- 
nor shall biennially nonninate, and, by and with the ad- 
Thrce com- yj^^.^ jjj^^j Consent of the Senate, appoint three commis- 
shail be ap- 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- 
thfi board. point some suitable person, or persons, to be their secre- 
treasurer. ^ary and 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 
Meetin'^s,how ^ 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 have power to employ 
^^ ^. such agents, engineers, surveyors, draftsmen, and other 

neers, Ste. ^ 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 sliall be the duty of the said 

U. S. end- ^ • . * \. c i - • r xi 

neer. Commissioners to accept oi his services, lor 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- 
Comruission- ^'^^ imposed upon them by this act, to take an oath, w^ell 
ers shUitake 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 
^)V8 ont ; Illinois, to be approved by the governor, with at least 
two good and sufficient securities, in the penal sum of 
tweniy thousand dollars, faithfully to accour.t for all mo- 
j^eys that may come into their hands, by virtue of their 



oftice; and they shall respectively receive as a compen- 
sation for their services, three dollars per day, for each ^l^eir compen- 
day they may be necessarily engaged in discharging the ^^^^°°- 
duties imposed by this act, out of tlie 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 J^^n^f!^'^' , 
and faithfully to execute the duties of treasurer; and oath and 
shall enter into bond, Avith two or more good and suffi- give bond; 
*:ieni 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 
taithfuliy for all sums of money and effects thai may 
come to his hands, as treasurer. And it sliall he the du- 
ty of the canal commissioners, whenever the money ia 
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 &&.* 
security, sufficient to cover the amount received, or to^^^^^y- 
be received, by said trer^surer; and for failure togive 
such bond, or for any culpable neglect of dutv, said com- Removal of 
missioners may remove him from office, and may ap-fr^m "'i^^ce. 
point another in his place. 

Sec. i>. It shall be the duty of the canal commission- Duty of the 
ers, assoon as practicable after the passage of this act, c^omuiission-" 

to cause those Darts of the territory of this state which ^'""^f^ ^? },'^^ 
,. ",- . .1 ill route of the 

he upon, or contiguous to, the piiobable course or range canal. 

of said canal, to ;)e explored and examined tor 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 mad'-; and as soon there- ^f^vels, 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 commence. 
and embankments, to effect a navigable communication 
betw^een lake Michigan and the Illinois river. 

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 ai- a,. . 
rernate sections ot land granted to this state by the pro- tions, when 
visions of an act of Congress, entitled " An act to grant selected, 
a quantity of land to the state ot Illinois, for the pur- 
pose of aiding her \r^ opening a canal to coonect the wa- 



10 



CANALS, 



ters of the Illinois river with those of lake Michigan;*' 
approved 2nd March, 1827. And if no commissioner 
shall be appointed on the part of the General govern- 
ment, the said commissioners, or either of them, shall 
,p, proceed to make sach selection; and shall, without de- 

&c. shall be ^^J? forward to the governor a duplicate copy of the list 
furnished containing the numbers of each section by him or them 
with a list, selected, who shall forward a copy of the same to the 
commissioner of the general land oihce. 

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

sale ^f'land. cessary public notice, and proceed to sell the same, at 
any place, either in this state or elsewhere, as they may 
think best,in half quarter sections, quarter or fractional 
sections. The sale shall be conducted in the same 
manner, and the land sold upon the same terms and con- 
ditions, in all respects, as the lands of the United States 
are now sold. Any or either of said commissioners may 
superintend said sales, and the treasurer shall have the 
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 States. 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 purchase, containing a description of 
the number of acres purchased, and the price for which 
the same was sold; duplicates of all which said commis- 

J^^fi^?J!^"sioner, or commissioners, shall forward to the auditor of 
warded to the , , . , in i , t a i ^ i 

auditor. public accounts, wao shall record the same. And the 

person holding such certificata, shall, upon presenting the 
Patents. same to the governor, receive a patent for the land de- 

scribed in the same, signed by the governor, and coun- 
tersigned by the secretary of state, with tlie seal of the 
state annexed thereto. The said conamissioners shall 
have power to lay off such parts of said donation into 
Town lots, town lots, as they may think proper; and 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 otBce open at some point 
Ja^™^!fffi!!i 0^ the route of said canal, at which persons may enter 
anv of the lands included within the said donation, at 
one doUaf and twenty-five cents per acre, in cash, in the 



keep an office. 



CANALS. 






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 of all sales of lands made by Books, and 

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

pose, containing a faithful description of the quantity of 

acres, in each tract sold by him, and the price at which 

the same was sold, and shall make monthly returns J^o^tl^b' f^' 

turns 
(hereof to the auditor of public accounts. 

Sec. 9. It shall be the duty of the commissioners (a 
liiajority of whom may act in all cases whatever) to draw Drafts on the 
upon the treasurer in favor of all persons to whom the *^^^^"^^^ 
board may become indebted; and said treasurer shall payments 
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 commissioneis, and it shall be 
the duty of said commissioners, and treasurer, to furnish 
duplicates of all orders and receipts, and a complete and 
detailed statement of the amount of sales and receipts, 
the quantity of land sold, the prices for which the same ^nd detaiied 
was sold, and of all their proceedings, to each called, statements to 
or regular, session of the General Assembly, accompa- ^^® ^^"^''^• 
nied with such plans, remaiks and observations, as they 
may be enabled to make, respecting the further progress 
and execution of said work. 

Sec. 10. Said commissioners may sue and be sued, . . 

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

Sec. 11. The canal contemplated by this act, shall 
have the following dimensions, to-wit: At least forty Dimensions &i 
feet in width at the summit water line, twenty eight feet ^^^ canal 
wide at the bottom, and of sufHcient depth to contain at 
least four feet water. And it shall be furnished with 
such locks, acqueducts, and dam^ as may be required to 
insure a safe and convenient navigation for boats of at 

C 



ts 



CENSUS. 



least seventj-five feet long, thirteen feet six inches 
Reasonable wide, and drav.ing three feet of water. The reasonable 
expenses, how expenses incurred by said commissioners, io carrying 
^ the provisions of this act into effect, shall be paid outcj 

the funds arising from the sales of the aforesaid lands. 

Approved, January 22, 1829. 



CENSUS. 

ts force -'^^ '^^"^ ^'"^ provide for the taking of the census, oe 
January 13, enumeration of the inhabitants of the state. 

1829. 

Sec. 1. Be it enacted by the people of the state of 
Illinois represented in the General Jlsscmbh/^ That the 
Pereon to be county commissioners' court of each county in this state, 
appointed to shall, at their June term, in the year of our Lord one 
take the cen- thousand eisfht hundred and thirty, and at their June 
term, in every fifth year thereafter, appoint some com- 
petent person as commissioner, to take an enumeration 
What persons of the inhabitants of such county, and also of such un- 
shall be enu- organized county or counties, or dis«trict of country, as 
^^^^ ^ ' may be attached thereto, omitting in such enumeration, 
.'indhowthej Indians not taxed, and distinguishing dee white persons 
shall be dis- from free persons of colour, and the French negroes 
tinguished ^^^^^ mulattoes held in bondage, from such as are inden- 
tured or registered, or born of indentured or registered 
parents; and al«o 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 fornrj 
herein prescribed, such as are of ten years of age and 
under; over ten, and not exceeding twenty years; over 
twentv, and not exceeding thirty years; over thiriy,and 
not exceeding forty years; over forty, and not exceed- 
ing tifty 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 exceeding 
ninety years; and also distinguishing, in a separate 
column, such free male white persons J)etween the ages 
of eighteen and forty-five years, as shall be subject to 
militia duty, either as officers or militia men. And it 
f;ball be the further duty of the commissioners, to be ap- 



CENSUS 



w 



painted as aforesaid, to ascertain, and set down with the 
enunneration 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-*^ 
citjing the different kinds thereof. And the said enu- 
meration shall be made by an actual enquiry at each Enumeration 
dwelling house, or from the head «f each family, when to be made by 

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

ciuiry 
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 codi- 
first Monday in September, in the year of our Lord one mence 
tb.ousand 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 pereon or commissioner so appointed, before he 
enters upon the duties required to be performed by this 
act, shall take an oath (or affirmation) before some judge, oath of com' 
or justice of the peace of the county, as follows: '' I, Amissioner 
B, do solemnly 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 lime to time, shall, on or before the first Return?, 
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 ofiice 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 tho 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 



20 



CExNSUJs. 



the schedule hereto annexed, contains an accurate statement of tiie. 

whole number of persons resident in the said county of 

Cand the attached parts thereof, (if any) together with the number 
and kinds of manufactories, mills, machines and distilleries (if any) 
therein, so far as I have been able to ascertain the same. Witness 
my hand, this day of A. D. 18 — 

A B, Commissioner. 

Census, or enumeralion of the inhahilanls of the county of -—{and the at- 

tacked parts thereof if any) for the year of our Lord one thousand eight hundred and 



Of ten years, and under. 

Over ten, and not exceeding twenty years. 



1st class 



ll^tl class 



Over twenty and not exceeding thirty years. 



!3d class 



Oyer thirty, and not exceedinc: forty years. 



r4th class 



Over forty, and not exceeding fifty years. 
Over fifty and not exceeding sixty years. 



jjotb class 



6th class 



Over sixty, and not exceeding seventy years 



||7th class 



Over seventy, and not exceeding eighty years. 



i!8th class 



Over eighty, and not exceeding ninety years. 
Over ninety years. 



|l9th class 



IJlOth class 



3 
o 

-3 
O 
(n 
O 



Of ten years, and under. 


llUth class 




Over ten, and not exceeding twenty years. 


||l2th class 


to 


Over twenty, and not exceeding thirty years. 


|jl3th class 


Over thirty, and not exceeding forty years. 


|jl4th class 




Over forty, and not exceeding fifty years. 


|jl5th class 




Over fifty, and not exceeding sixty years. 


||l6th cla^s 


3 


Over sixty, and not exceeding seventy years. 


II 17th class 


re 


Over seventy, and not exceeding eighty years. 


IJlSthclasg 


en 
O 



Over eighty, and not exceeding ninety years. 


|!l9th class 


! 


Over ninety years. 


||20th class 


. I 


Free male persons of colour, of all ages. .- 


: . ||21st class 


, { 
S-c^? 1 

O (n 

y Total.! 


Free female persons of colour, of all ages. 


Ii22d class I 
'' 1 


Indentured or registered servants, and their children. 


jj-23d class ' 


French negroes and raulattoes, held in bondage. 


|i-24th class 


Grand Total. 




Persons over 18, and under 45 years of age, stibject 


to militia duty. 


jmilitia \ 

manu- i 
[facto- 1 
;riee&G ■ 


Manufactories, Mills. Machines and Distilleriea. 



CENSUS. 



21 



Sec. 4. It shall be tne 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 classification; Militiamen, 
including, also, each person subject to militia duty, 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. A-regates 

Sec. 5, Each commissioner failing or neglecting to Nedigence oi 
make proper returns, as aforesaid, or makinp; 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 ferfeit the 
sum of three hundred dollars, recoverable in the Circuit How punish- 
Court of the county where such offence shall have 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 etTectual 
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 give This act to be 
this act in charge to the grand juries in their respective ^'^^" ^" 
counties, and shall cause the returns of the commissioner ^randlury 
to be laid before them, for their inspection. 

Sec. 6. Each person, whose usurd place of abode 
shall be in any f^tmily, on the said first Monday in Sep- tj^J^g'^^^j^Jg^'^' 
tember, in the year of our Lord one thousand eight hun- commissioner 
dred and thii ty, and on the first Monday in September 
everj fifth year thereafter, shall be returned with the 
members of such family; and the name of every person 
wlio 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 frem 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, us mlly 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 Ib 

C* 



^ 



CENSUS. 



Person bound 
to disclose 
facts to com- 
Hiissiouer 



Penalty for 
^ot doing so 



Tlecovery 
thereof 



i>omffen?a> 
tion to com- 
missioner 



Duty of the 
secretar}^ of 
slate, and ad- 
intant genc- 
-al 



this state, shall be and hereby is obliged to render to tho 
commissioner, appointed in said county, if required, a 
true account, to the best of his or her knowledge, of 
every person belonging to such family, respectively, ac- 
cording to the several descriptions aforesaid, on pain of 
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 ail cases where 
any s:ich tine 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 maj be issued to enforce the 
payment thereof. 

Sec. 8. Each of said commissioners shall receive at 
the rate of tw^o 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: 
-^t the rale of one dollar and fifty cents for the fourth 
thousand; at the rate of one dollar and twenty-five cents 
for 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 olher- 
v»^ise appropriated. 

Sec. 9. The secretary of state shall receive and 
file such returns in his oflice, and return the same to the 
speaker of the House of Representatives, on or before 
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 tiie number of persons sub- 
ject to militia duty, as aforesaid, in his office; 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 eiFect from and after it« 



passage* 



ApprQ-ced^ January 13, 1829^ 



iJ3 



-CONVEYANCES. 

ViN ACT AUTHORIZING COURTS OF CHANCERY TO DECREE CONVEY- ^^ FORC*?-;, 

DECEMBEfl 
ANCES IN CERTAIN CASES. 27 1824. 

Sec. 1. Be it enacted by the people of the state of 
Jliinois rtpresented in the General Assembly^ That where 
any person or persons^ who have heretofore entered, or . 
may hereafter enter, into any contract, bond, or mcnno- 
randum, hi 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 th.e executors or administrators of such 
deceased person to execute and deliver such deed to the 
party having such equitable right, as atbresaid, to the 
same, or his heirs, according to tlie 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 he lawful for any Court to 
make such decree as aforesaid, except upon the petition 
in writing of the person entitled to the henelit of the 
same, or his heirs, setting forth 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 giveii 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 fultilied, the consideration of such contract, 
bond, or memorandum, in writing, according to the true 
intent, tenor, and eifect thereof. 

Sec. 3. That in all cases where any minor heirs shall 
be interested in suchproceedir!g,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, ihen the said court shall appoint a guardian 
or guardians, to litigate and 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, upoB 



24 CONVEYANCES^. 

appUcation in writing, obtain such decree as afbresaivl, 
upon giving notice to the party to whom such deed is in- 
tended to be made, and under the 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 same is just 
and equitable. 

Sdc. 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.] 



— ^;^0P- 



» Lt an act to amend the act C0NCERN13SG THE CONVEYANCE dF 

January 22, „ ^ „ 

j329. 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 ^^-^ represented in the General Assembly, That all deeds 
deeds may be i "* r i j i • -^i • ix,- l ± 

acknowledg- ^^d conveyances, ot lands lymg withm this state, may 

e<l 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 o( Record; mayor of a city; or 
Justicesofthe'^ot^ry P^^^ic: but when such proof or acknowledgment 
peace to be is made before a clerk, mayor, or notary public, it shall 
certified as ^y^ certified by such officer, under his seal of office. — 
Such proofs and acknowledgments may also be madebe- 
Livinj^ out of fore any justice of the peace; but if such justice of the 
the state peace resides out of this state, there shall be added to 
the deed a certificate of the proper clerk, setting forth 



CONVEYANCES. - = 

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

county 
county, 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 m;mner prescribed 
in the ninth section of the act to which this is an amend- 
ment. 

Sec. 2. Any conveyance, or assignment, of certifi- Assignment o; 
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 J^^si^ents' 

T. ' ./ » ' J deeds mav be 

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 same 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 conveyances of land lying 
within this state, which may be executed in this state, af Deeds to b<^ 
ter the first day of June next, shall be recorded within ''^.^°'^^^^ 
six months after the execution of such deeds and convey- months 
ances, respectively; and if not recorded within that be void as 

time, they shall be adjudged void as against any subse- ^S^'"^*^ ^"^^^/ 
\ x. F c 111 -J quent purcha- 

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

tion, unless such deed or conveyance shall be recorded 

before the recording of the deed or conveyance under 

which such subsequent purchaser, or mortgagee, shall 

/■laim. 

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

[.^/jproref/, Jcnwor^ 22, 1820^ 



IX 

or 



^ 



COUNTIES. 



^N FOROE^ 
?ANCARY 17, 

1829. 



Boundaries 



Name 



Commission- 
ers appointed 
to locate the 
seat of justice 

Their oath 



Where to 

mf-et 

and how to 

proceed 



Ponation 



AN ACT CREATING THE COUNTF OF MACOUVIN. 

Sec. 1. Be it enacted by 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 seven, liorth 
of range Dine, wesf of the third principal meridian; — 
thence east, on the line dividing townships six and seven, 
to the Eouth west corner of Montgomery county ; thence 
due north to the southern boundary of Sangamon coun- 
ty; thence w^est 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 
seal of justice of said county, the following persons are 
appointed commissioners, to-wit: Seth Hodges, Joseph 
Borough, John Harris, Shadrach Riddick, and Ephraira 
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 th€ 
county commissioners of said county, as soon as they 
shall be qualified to office, the half quarter or quarter 
section of land so selected for said county seat; and it 
shall be the 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 >ituated, 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 sufficient court-house 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, shouj^ 



CiOlTNTIEiS. -7 

refuse or neglect to give to the county, for the purpose 
of erecting public buildings for the use of said convify, 
a quantity of land not less than twenty acres, situated 
and lying in a square form, to be selected by said com- 
missioners, 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 : ProvirJed^ the 
owner, or owners, of the land, stiall make a donation of 
the liice 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 and 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 ofi" 
thereof as before mentioned ; which place, when so fixed 
upon, shall be the permanent seat of justice of said 
county: all of which proceedings shall be entered of 
record on the books of the county Court. 

Sec. 3. Until public buildings shull be erected for 
the purpose, the courts shall beheld at the house of Co'jrts, where. 
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 Monday 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 quajihod; which said election shall 
be co'iducted, in all respects, agreeably to the provisions 
of the law regulatirg elections: Provided^ that the qua!- 
ified voters present may select from among tliemselves, 
three qualified vofers to act as judges of said election, 
who shall appoint two qualified voters to act as clerks. 

Sec, 5. it shall be the duty of the clerk of the Cir- 
cuit Court of said county, to give notice, in writing, at Notice there- 
least ten days previoiro to said election, to be held on the o^ 
second Monday of April next, and in case there shall be 
no clerk m 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, 
(o give notice of the time and place of holding said 
election. 

Sec. 6. The citizer^s of the said county of Macoupin Privileges of 
are entitled, in all respects, to the same rights and privi- (Citizens 



28 



COUNTIES. 



Compensa- 
tion to com- 
missioners 



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

Sec. 7. The comnnissioners appointed to locate the 
seat of 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 
|^j°gg"^^\J^®'^ all elections, for members of the General Assembly, in 
vote the same manner as they were authorized to do, before 

the passage of this act. 

[Appr ox ed^ January 17, 1829.J 



In eorce 

ANiJARY 19, 
1829. 



Boundaries 



Name of the 
county seat 

Com'rsto lo- 
cate the seat 
of justice 



AN ACT TO ESTABLISH A NEW COUNTY TO BE CALLED THE 
COUNTY OF MACON. 

Sec. 1. Be it enacted by the people of the state of 
Illinois represented in the General Assembly^ That all that 
tract of country lying within the following boundaries, 
to wit: 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 v/ith the line betw^een townships num- 
bered twenty and twenty-one north, to the north-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 township 
numbered fourteen north, of range numbered six ea.t: 
and from thence due west, along through the middle of 
townships numbered fourteen north, to the place of be- 
ginning, shall constitute a county, to be called the county 
of Macon; 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 following named 
persons are appointed commissioners, to wit: John 
Flemin^^, Jesse Rhodes and Easton Whitton, whose 
duty it snail be to mee»,at tiie house of James Ward, in 



COTJKTIES. 



-20 



said county, on the fl^^t Monday in the month of Aprii 
. next, or within ten days thereafter, and after being duly 
sworn, before some justice 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 
o( said county. 

Sec. 3. The said commissioners are hereby author- 
ized, to locate the said seat of justice on the land of any Donation re- 
person or persons, who may be the fee simple owners 4"^''*^'^ 
thereof, if the proprietor or proprietors of such land 
shall donate and convey, with covenants of general war- 
ranty, to the county commissioners, for the use of said 
county, a quantity of land not less than twenty acres, in 
a square or oblong form, upon which to erect the public 
buildings; or otherwise, the 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, p^eport of 
the said commissioners shall make a report of their pro- com'rs 
ceedings, under their proper hands and seals, to the 
first county commissioner's court, to be held in and for 
said county, designating particuiaily the place selected, 
and a description of the same. And if a situation on If locaterl oe 
the public lands shall be preferred, after (examination, P"'^'*^ ^■'^'^"'' 
as aforesaid, the half quarter or quarter section of land^^g^yjl^^a^d 
upon which the same may be located, shall be stated in 
s;dd 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 
proper land office, in their respective names, as county 
commissioners, for the use o( 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 m.ade there- 
of, as aforesaid, it shall be the duty of the county com- 
missioners to cause such donation, or tract of land, (if 
pu!)lic land should be selected) or so much thereof as Town shaU 
they may deem advisable, to be laid off into lots, and be aid * ff 
sol 1 upon such terms and conditions as may be consider- Sale of lots 
ed most advintngeous to the intere^^ts of the county, and 
the proceeds of such sales shall be apphed to the erec- 

D 



30 COUNTIES. 

And proceeds tion of a court house and jail, and such other public 
thereof, how works as may be necessary for the use of said county, 
applied ^^^1 ^g Qftcn as any lots shall he sold as aforesaid, it shali 

be tile further duty of said county commissioners, to 
make conveyances for the same to the purchasers there- 
Deed* to be of, in their own names, as commissioners for and on be- 
juade [jajf 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 
held James Ward, in said county. 

Klections ^^^' ^* ^^ election shall be held at the house of 

James Ward, on the 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 m 
ail respects, agreeablv 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 snail 
appoint two qualified voters to act as clerks, 
"^^i^oiice thereof Sec. 8. It 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, and the officers to be elected ihereat, 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. 
\Jonipensa- Sec. 9. The commissioners appointed to locate the 

ijon 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 
How classed ^f the General Assembly shall be made, said county 
;with other of Macon shall vote with the counties of FayeUe, Bond, 
.counties to Montgomery, Shelby and Tazewell; and the clerk 
of said county of Macon sliall meet the clerks of t'te 
said counties of Bond, Montgomery, Shelby and Taze- 
well, at Vandalia, the seat of justice of Fayette county, 
to compare the number of votes given for senator a;id 
representatives to the General Assembly, and sign tJie 
necessary certificates of election, at Vandalia. and de- 
liyer the same to the person or persons entitled thereto. 



COUN'TIES. 



3.1 



Sec. 11. The said county of Macon sha'U be, and ^^^^^^^ ^^^ 
is hereby attached to the first judicial circuit. the drst cir v 

This act to take ctfect from and after its passa<;e. cuit 

[Approved^ January 19, 1829.] 



^aO^ 



%K ACT MAKING PROVISION FOR RUNNING THE LINE BETWEEN t 

1 N^ FOR,C£« 
RANDOLPH A^D 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 by the people of the state of ^ . 
Illinois^ represented in the General Assembly^ That the veyors of 
county surveyors of Randolph and Monroe counties, be, l^andolph 
and they are hereby, required to run and mark the line ^"^ Monroe 
between said counties, beginning at the south east cor- line between 
ner of township four south, nine west, and thence south said counties 
westwardiy to the Mississippi, so as to include Alexander 
Mc'Nab's farm, in Monroe county. 

Sec. 2. The said surveyors, as soon as convenient, 
sball run and mark said line, and make out two fair plats Plats to be re- 
thereof, with 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^"^^* 

tion to suT" 

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 ^"^pjoy ^^^^if' 
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 countvr'^. ,* 

w^ithm this state, whenever they may deem it necessary missioners 

to run and mark any county line, are hereby authorized ™^y <Jirect 

to direct the same to be run by the county surveyor of?^!!"'^' ^'"^^ 

•1 J.' • i- .,11 -^ "^ ^to be run 

said county, in conjunction with the county surveyor of when necessa. 

the adjoining county, whose duty it shall be to assist in ^y 

running said line, upon receiving notice that the same is 



Mm' 



COUNTIES. 



di'^ected to be run. And the said surveyois may em- 
ploy chain carriers, and such other assistants as may be 
necessary, and the expenses thereof shall be paid, equal- 
Surveyors' re-ly, by the respective counties interested. The report of 
port to bere-fhe surveyors shall be made and recorded in the snme 
manner as is provided in the second section of this act. 

[Appro-ced. January ^0^ 1829.] 



-=/>^ 



In FORCE, 

3.iN.22, 1829. 



Southern 
boundary of 
Wayne and 
Edwards 
counties es- 
tablished 



Boundary 
lines of Taze^ 
well county 



AN ACT DKFfNI^G THE SOUTHERN BOUNDARY LI>ESOr WAYXE ANI? 

EDWARDS COUNTIES, AND ESTABLISHING THE BOUNDARY 

LINES OF TAZEWELL COUNTY. 

Sec. 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly^ That the 
following shall be the southern boundary of the counties 
of Wayne and Edwards: Beginning at the south west 
corner of section eighteen, township three south, range 
five east, and running thence east along the middle li'ic 
of 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 
corner of township twenty, north of the base line, and 
three east of the third principalmeridian line; thence 
north with said range line, to the north line of township 
twenty-eight north; thence west tp 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. 

[.•ipproved, Jatiuary 22, 1 329.] 



33 



COURTS. 



aN act establishing the courts of county commissioners, jyj^jj^^^j^ 22, 



Sec. 1. Be it enacted hy the people of the stale of Illi- 
•nois^ represented in the General Assembly^ Tliat there shall 
be estabhshed in each county of this state, a court of 
record, to be constituted of, and composed by, the coun- 
ty commissioners elected of the counties respectively, 
any two of whom 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 
every year; and said court shall have power to appoint 
a clerk to said courts; and at any time, for any cause to 
be stated on the record, to remove the said clerk from 
ofilce. 

Sec. 3. That the said Court shall have jurisdiction 
throughout the county, whereof the said county com- 
missioiiers 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, Ri)d shall have power to grant license for ferries and 
for tavern?, and all other licenses and thi,jgs that may 
bring in a county revenue; and shall have jurisdiction hi 
idl cases of public roads, canals, turnpike roads, a»id toli 
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 tnay 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 
aigned 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 every clerk be- 
fore he enters on the duties of his office, shall take an 
oath to support the constitution of the United Statea^ 
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 



1819. 



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 m 
course. 

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 cases 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- 
ly, 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. 3^ 

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, 1819. J 



AN ACT REQUIRING THE SEVERAL CLERKS OF THIS STATE TO usf poRCE 

KEEP THEIR RESPECTIVE OFFICES AT THE COUNTY SEAT. JAN. 11 18^3. 

Sec. 1. Be it enacted hy the people of the state 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 
^e>^pective offices at the couiUy seat of their respective 
counties, and not more than one quarter of a mile from 
the house of holdiiiig 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 11, 1823.] 






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

SHERIFF OF FAYETTE COUNTY FOR ATTENDING ON THE j^jy gS 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- 
prmciples, the account of the sherifTof Fayette cour^ty, *Jr "^^^^ ^^^'^^ 
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- 
tion for attend 

leiii 111 i^Lciie jjapei, lor i 

court of this state. 

[Approved January 23, 1826.] 



Compensa- one dollar and twenty-five cents per day, or its equiva- 
ine^on'^tlie^su- ^^^^ ^^ state paper, for his attendance upon the supreme 
preme court, court of this State. 



-^aO^ 



IN FORCE -^N ACT TO AJIEKD "AN ACT CONCERNING COURTS OF LAW,^' 

•TVfiE 1, 1829. APPROVED, JANUARY '^% 1827. 

Sec. 1. Be it enacted by the people of the State of Illi- 
nois, represented in the General Assembly, Tha<^ so much 
Part of form- Qf (\-^q i^y^^ section of the act, entitled "an act coucern- 
«ract repea-.j,^^ practice in courts o{ la^v," approved, January 29, 
18i7, as authorizes the directing of original process to 
the sheriff, or coroner, of any other cou»:ty than the one 
in which the suit is commenced, be, and the same is 
Wberepersons hereby repealed, y^nd that hereafter it shall not be 
may be sued lawful for any plaintiff to sue a defendant out of the 
county where the latter resides, or may be found, except 
in cases where the debt, contract, or cause of action, ac- 
And to whatcrued in the cou..ty of the plaintiff, or where the con- 
county pro tract may have, specifically, been made payable; when 
TuJ! "^^ ^^" it shall be lawful to sue in such county, and process 
may issue against the defendant to the sheriff of the 
county where he resides: Provided^ that where there 
g ij _ are several defendants living in different counties, tlie 
fcndants. plaintiff may sue, either in the county v^^here 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 ahove. 
Previous Sec. 2. This act shall not affect any previous rights, 

rights or pro- p^^^^^^ice, or proceedings. This act to take effect from 
ceeuiUKS not t^'r ^ r -i i. 

t^ffected. and after the first day of June next. 

[Approved, December 30, 1828. 



ni 



COURTS. 



AN ACT RELATING TO COURTS OF PROBATE. IN FORCE, 

JUNE 1,1829, 

SfiC. 1. Be it enacird by the People of the State of 
Illinois teprcsented m the General Assembly ., That there Court of pro- 
*hall be estabhshed, in each county in this state, a hate estab- 
court of record; to be styled ''the court of probate," to '*^h^^- 
be held at the several seats of justice of their respective To be hold at 
counties, the jurisdiction whereof shall be co-extensive the county 
with tiielinnits of the county in which the judges shall ^^^^^^* 
be respectively appointed. 

Sec. 2. The General Assembly shall at its present Judjjes to be 
session, elect by ioint ballot sonne fit person, in each ejected. 

• ^J. t?rrn oi scr* 

county in this state, where a vacancy may be in the office ^ice. 
of judge of probate, to fill suchoftice,and the respective 
judges so appointed, shall hold their offices during good 
behaviour. And the General Assembly shall in likccies. 
manner fill all future vacancies in the said office of judge 
of probate. And the said judges of probate shall sever- •'""^'^^^*^°'"^' 
nlly 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 couits shall sit in their respective Xern(s. 
counties, throughout this state, on the first Monday in 
every month, 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^ ^^^,^ ^ 
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: J^^^^"^* 
the said judge shall record all his proceedings, at length, 
in a book, or books, by lilm for that purpose furnished: Allowance fur 
for all necessary books so furnished, the respective coun- necessary 
iy 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 errorare 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. 



38 COURTS. 

Rece'^s ap- Sec. 5. When anvjudffe of probate s^^ll die, rejsign^ 

pointments. refuse* to qualify or be removed from offi* e, or the otfice 
sliall be other^Mse vacated, durin^^the recess of the Ge- 
neral A>^embly, 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 tliereafter. 

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

Juilge to take the duties of his oftice, shall take an oath to support the 

«B oath. constitution of the United States, and of this state, and 

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

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

wherein he is appointed. 

^ 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 
. .11^^ probate, approved February 10, 1821; the act enti- 

'tied 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 
filled 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.] 



~^JOf^ 



Its' force -^•^" -^^'^ ESTABLISHING A CIRCUIT COURT KORTH OF THE ILL!- 

Jan. 8, 1829. nois river. 

Judge to be Sec. 1. Be it enacted by the people of, the state of Tlli- 
elected noiss represented in the General Assembly, That there shall 

be elected, by joint ballot of both branches of the Gen- 
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 Judge, when thus elected, [^'^'.^J'^f^^^pen- ( 
shall be commissioned by tlie Govenior, and ^liall hold ' J 

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 ye-^rly, 
out of any moneys in the treasury not otherwise appro- 
priated. 

[Approved^ January 8, 1 829.] 



-^^O^ 



,4N ACT REGULATI>'G THE SUPREME AND CIRCUIT COURTS. 1n FORCE, 

July 1, I82'd 
Sec. 1. Be if. enacted hy 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 JQstices as prescribed by the con-J"^^*^^^ 
stitution of this state. 

Sec. 2. The said Supreme Court shall exercise appel-jurisdictior 
late jurisdiction only (except as is hereinafter excepted) 
and shall have final and conclusive jurisdiction of all 
matters of appeal, error or complairjts from the judg- 
ment or decrees of any of 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 ot 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- "^' *^"^®' 

• • 1 -HI- power 

sary for carrying into complete execution all their 

judgments, dec rees 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- Jnde-menis t© 

miiations shall be final and conclusive on all the parties t>e final 

concerned. 

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

time, institute such rules of practice, and prescribe such <^"urt 

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

dockets, records and proceedings for the regulation of the 

sai'J our^ as shall be deemed most conducive to t-ie 

due adminisuatioii of justice; ^nd it shall be the duty of 



40 



COURTS. 



Clerk's office ^\^q chiefjustice to examine the state of the clerk's office 
o eexamin ^^ ^^^^ ^_^.j Court Hiniually apd make report thereolto 
the next term of the Court, which shall be noted in the 
proceedings. 
Oaths of the ^^^' ^' "^^^^ chief justice and associate justices of 
judges the Supreme Court aiid ihe judges of the Circuit Courts, 

who may hereafter be appointed under the provisions of 
the constitution, previou-^ly to their entering upon the 
duties required of them by law, shall in addition to the 
oath to support ihe constitution of the United States and 
of tliis 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 qi the Circuit Court as the 
case may he) do solemnly swear (or affirm) that I will ad- 
minister justice without respect to per-ons, 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, affection or partiality to the best of my judg- 
ment and abilities," which oath or affirmation may be 
To be filed administered by any justice of the peace in this state, 
rptary of ^^ *^ certificate whereof shall be endorsed by the person 
State administering tlie same, on the back of the commission 

of such judtje, 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 the*seat of Government, which 

shall commence on the first Monday in December, and 
continue in session until the business before it shall be 
disposed of. 
Quorum not Sec. 6. [f there shall not be a quorum of the justices 
attending fi»-st of the s'jid Supreme Court present, on the first day of any 
^^y term, the Court shall stand adjourned from day to day, 

until a quorum shall attend. 

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

Unfinished Circuit Courts, directed to be held by this act, shall not 

stKnd^contin- ^'^ ^^ ^"J ^^^^-i ^^ shall not continue to sit the whole 

ued term, or before the end of the term shall not ' ave he-ird 

and determined all matters arrd causes, dependin'J in said 

Courts, aL matters and causes depending ad u-jde- 

termined, shall stand continued until the next succeed -g 

term. 

Dificontinu- Sec. 8. If from any causes the Supreme Court shall 

^on of fhe^^" ^^^^ ^^^' ^" ^"y ^'^y ^^^ '^ term, after it s-ail have opened, 
Court not sit- there shall be no discontinuance, but so soon as the 
ting, cured cause is removed., the Court shdl proceed to bu':iness 

uniJl t'le evid of" the term, or until the business depend^ 

ing beiore 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 opinions 
Court shall appoint some person learned in the law to Reporter 
minute down, and make report of 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 how 
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. 1 1 . 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 hy jj-^"|^g™-^^ 
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 9."^jna^Jii"^' 
• 1- J- • 11 -J I J.' ■ , diction of 

jurisdiction, m all causes, suits and motions against g^reme 

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 ii may have been, or may 
hereafter be the duty of any sheritf, clerk, collector, or Proceedings 
receiver of public moneys for the slate, or the late terri- ^?^^"s* P"bliQ 
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, and there shall 
appear an} defect in the bond given by said officer, or 
person, or other proceeding sufficient to exempt from 
liabilitv, the secnrity 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 ou^ of office, who has either collected 
public money or ought to have done so, to exhibit upon 
oath, a full and fair statement of all moneys by him col- 
lected, and a list af all persons, as far as it may be prac- 



4\J 



COURTSi 



Clerk to issue 
process 

His duty 
Oath of clerk 



And bond 



Condition 
thereof 



Judges to 
hold circuit 
courts 



Juterchange 
pf circuits 



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 hearing 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 
Supreme Court, to issue process in all cases where 
process ought to be issued from the said Court; and to 
keep and preserve complete records of all the decisions 
and proceedings of the said Court; be shall, before he 
enters 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 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 ;" and the said clerk shall keep his office at the seat 
of Government, and 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 pea- 
pie 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 undefaced, 
when l.iwfully required so to do, which 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 attend and hold any of 
the circuit courts required of him by law, it shall be the 
duty of one of the other judges presiding in either of 



COURTS. 



43 



tile other circuits, upon receiving information that such 
courts will not be holden,to attend in the said circuity 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, until 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, iS^ew judges to 
resign, or be removed from office, it shall be the duty of'^o'^'^^u'ts in 
his successor in office, to preside in the circuit wherein J|^gj^^'^^"\* _ 
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 comHo'ft d 
stand adjourned from day to day until a judge shall at- adjourned, 
tend, if that should happen before the hour of tour 
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 holden 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 counties, and the said house in each 
judges respectively, in their respective circuits shall ^"""^^ 
have jurisdiction over ail matters and suits at common ^""^^^iction 
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^^^^S^^ "^^de 
the peace, and the said courts in term time, and the ^gg^g^^^ ° ^ 
judges thereof in vacation, shall have power to award And may 
throughout the state, and returnable in the proper coun-^^^"'"^ ^""^^^ 
ty, writs of injunction, iie exeat, habeas corpus^ and all^ neexea c 
other writs and process, that may be necessary to the Incidental 
due execution of the powers with which they are or P^^er 
may be vested. 

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



44 



COtJRl^. 



Causes to be 
tried where 
they origina- 
ted 

Clerks to take 
an oaib 



Oath 



Duty of clerks 

Complete 
rfct>rU 



Cl'k may be 
remoTed 



But may ap- 
peal 



Shall give 
bond 



Sec. 21. All suits brought in the said circuit courts 
shall be tried in the counties in which they originated- 
unless in cases that are or may be specially provided for 
by law. 

Sec. 22. The clerks appointed by the said circuit 
courts, o by the judges thereof in each county, shall, 
before they enter upon the duties of their offices, res- 
pectively take an oath, to support the constitution of 
the United States, and of this state, and also the follow- 
ing oath of office, before one of the judges of the said 
circuit courts, or some justice of the peace in this state: 
"1, A B, 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 ray 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. 

Sec. 23. The clerks of the respective circuit courts, 
shall issue process in all cases originating in their respec- 
tive counties ; they shall make, keep and preserve com- 
plete records of all the proceedings and determinations of 
the courts of which they are clerks, except as is provided 
i'n the 23d section of the "Act concerning the practice 
in courts of law," approved, January 29, 1827. They 
shall 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 
to perform any of the duties enjoined upon him by law, 
or shall in any manner be guilty of malfeasance in 
office, he shall be removed from office by the court'upon 
proper complaint buying made to the said court or judge, 
and the said complaint being proved true to the satis- 
faction of the said court or judge: Provided^ that the 
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 
the first 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 tiiousand dollars, conditioned for the faithful per- Condition 
formance of the duties of his ofiice, 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- 
mitied to the oflice of the secretary of state, and filed Where filed 
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®^^» ^o* 
another, to demand of his predecessor, or the person in 
whose possession they may be, all the books, papers and 
proceedings appertaining to the Circuit ('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 conjpulsory process, and take such measures, as May be co- 
may be necessary to coerce the delivery as aforesaid, ^^'"^^^ 
according totl.^ true ii tent and meaning hereof. 

Sec. 26. The judges shall annually examine into Clerk's office 
the condition oi the oiiice of every clerk of the Circuit ^^^-^ ^^ 6^' 
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 the sheriff of any county, charged with any Special terms 
capital offence, or anv other offence not bailable by lavt^, to 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 in such circuit, during 
such absence or disability; whose duty it shall be, to 
issue a precept under his hand and seal, to the sheriir 
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, wliich shall 
not be less than fifteen, nor more than thirty days from 
the date of such precept. 

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



46 



Omission ta 
advertise 



Power to ad- 
journ 



Talesmen 



'F?ocess how 
executed 



Contempts 
and disobey- 
ing orders, &c 



Salaries 
"Subpoenas 



COURTS. 

time of holding a special term of the Circuit Court, in 
pursuance of this act; and it shall be the duty of the 
circuit judge cither 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 sheriff, 
or notice by the judge, shall not be construed to invali- 
date the 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, 
may be fined at the discretion of 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 withia 
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 reasonable 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 oi 
petit jury 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 is, 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- 
son or persons to them, while sitting as such, at any reg- 
ular or special term as aforesaid ; and for disobeying any 
of its process, rules or orders, issued or made, conform- 
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 



issued to any ^\i^\\ have power to issue subpoenas for witnesses, to anv 
"^""^^ county in this state. 



COURTS. 47 

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 
altering 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 
changing the terms therein 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 ^*^*''^"^g^{*® 
Courts in this state, to be re-appointed, or qualified as 
this act directs, but the same shall coniinue in office as 
they now are. 

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

[Approved^ January 19, 1829.] 



— cjO^^ 



AN ACT TO PROVIDE FOR A SUITABLE PLACE FOR. HOLDING jpf FORCE 

THE SUPREME COURT. JaNOARY 22, 

1829. 

Sec. 1 . Be it enacted hy the people of the stale of Illi- 
nois^ represented in the General A'isemhly,^ That the South s. E. room of 
East room, on the lower floor of the banking house, be,^he 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 hav« 
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^^red 
Duncan whose duty it is hereby made, to expei-d the 
same, or so much thereof as may be necessary, to repair 
said room for the purpose aforesaid. This act is to take 
effect from and after its passage. 

[Approved^ January 22, 1 829.] 



48 



COURTS. 



IN FORCE AN ACT SUPPLEMENTAL TO THE ACT, ENTITLED " AN ACT 

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

APPROVED, JANUARY 19, 1829. 

Sec. 1. Be it enacted by the people of the state of Illi- 
nois^ represented in the General Assembly^ 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 
session, shall hold the circuit courts in this state, at the 
times, afid in the manner, herein after provided, and 
shall be governed by the same rules, regulations, and 
restrictions, that are now applicable to the said courts 
respectively. 
Counties of Sec. 2. The counties of Pike, Calhoun, Greene, 
the first cir- Macoupin, Morgan, Sangamon, Macon, and Tazewell, 
shall constitute the first judicial circuit: the counties of 
Of the "Zd cir- Madison, St. Clair, Monroe, Randolph, Washington, 
*^"*' Clinton, Bond, Fayette, Montgomery, and Shelby, shall 

contitute the second judicial circuit: the counties of 
Of the 3d cir- Gallatin, Hamilton, Jefferson, Marion, Frankhn, Perry, 
^^^^ Jackson, Union, Ah^xander, Johnson, and Pope, shall 

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

fourth judicial Circuit: and the counties of Joe Daviess, 
Ofthe 5th cir- Peoria, Fulton, Schuyler, and Adams, shall constitute 
cuit the fifth judicial circuit. 

Lockwood in Sec. 3. Samuel D. Lockwood shall perform circuit 
Sn!ith\^nThe^^^^^' in the first judicial circuit: Theophilus W. Smith 
2nd shall peiform circuit duties in the second judicial cir- 

Brown in thecuit: Thomas C. Browne shall perform circuit duties in 
^ . the third judicial circuit: William 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- 
^^^ 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 • ^ ^ 

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!^^^'' port the constitution of the United States, and of this 
state, and the following oath of office, to wit: "I, 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, w^ithout sale, denial, favor, affection, or parti- 
ality, conformably to the laws, to the best of my judg- 



COURTS. 



4b 



ment and abilities." Which said oath may be adminls-By whom ad- 

tercd by aoy justice of the peace in this state, a certifi- ^"^"^°^^'^*^^^ 

cate whereof shall be endorsed on the confimi?sion of 

szf'id judge, and a duplicate thereof transmitted to, and 

filed 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 npplica- 'JPP'-Y to the 

ble to the circuit courts directed to be held in the tifth"* 

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 ^""'ers of the 
courts, as often as they may agree to do the same, and ^"^^^^ ^" ^"^ 
may award writs 01 habeas corpus, ne exeat, certiorari, 
and injunction, and may grant orders to stay proceed- 
ings, which said writs and orders shall run, and have 
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, oi- judge 
of the circuit. 

Sec. 6. Should the chief justice, or dther of the |^^^^^^^ J^^J^t^at^ 
associate justices, or the said circuit judge, fail to attend shall sfand 
in ctny county, in their respective circuits, on the day adjourned 
appointed for commencing the term of the circuil 06Urt 
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 
court, as effectufdly as if the same had been continued 
by the order of the court. Chancers 

Sec. 7. The ciiief justice, and the associate ju-tices, *^"^^ 
and the said circuit judge, in their respective circuits, 
may, at any regular term thereof, appoint a time for 
holding a cliancery 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 judeje of the circuit court shall be ""®^" f.^', 

J J o ...... count or inter- 

interested in any suit, or proceeding, in his circuit, it est in the 
shall be his duty to cause all the papers relating to suchjudgj? 
suit, or proceeding, and a transcript of the record, if ne- 



50 



COURTS. 



cDupreme 
court when 
held 



Two Terms of 
the circuit 
courts 



Times of hold 
ing circuit 
courts 

1st circuit 



2nd circuit 



cessar}', to be transmitted to the most convenient county 
in the next adjoining circuit, as in case 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 Mondajs 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 fourth 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 



COURTS. 51 

next Wednesdays after the fourth Mondays in March ^. 

and August; in the county of Bond, on the first Mon- 4 

days in April and Septemher; in the county of Mont- 
gomery, on the next AVednesdays after the first Mondays 
in April and September; in the county of Shelby, on the 
second Mondays in April and September; in the 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 Mondays 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 Mondays in March and September; in the 
county of Franklin, on the first iMondays in April and 
October; in the county of Perry, on the Fridays after 
the first Mondays in April and October; in the county of 
Jackson, on the second Mondays in April and October; 
in the county of Union, on the third Mondays in April 
and October; in the county of Alexander, on the fourth 
Mondays in April and October; in the county of John- 
son, on the first Thursdays after the fourth Mondays in 
April and October; in the county of Pope, on the first 
Mondays in May and November; in the county of Gal- 
latin, on the second Mondays in May and November; in 
the count} of White, 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; iii 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 the county of Ver- 
milion, on the Mondays after the fourth Mondays in 
April and September; in the county of Wayne, on the 
second Blondays in May and October; in the county of 
Clay, on the Thursdays after the second Mondays in M ly 
and October; in the county of Joe Daviess, on the se- 5th circuit - 
cond Mondays in May, and first Moi^.days in November; 
in the county of Peoria, on the first Mondays in June, 
and second Mondays in October; in the county of Ful- -, 

ton, on the Thursdays after the first Mondays in June, 
and the second Mondays in October; in the county of 
§chuyler, on the second Mondays in June, and third 



d'Z 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 military tract, at such 
times as the Judge of the fifth judicial circuit miy ap- 
point. 
Process how ^^^' ^^' ^^^ process which shall he 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 
andre«tirued dated on the days on which they issue, and be made re- 
turnable according to law; and all process, issuing from 
thesaid circuit courts, shall be sealed with the judicial 
seal which shall be provided for that purpose; but in 
case there shall not be a judici^d seal, the clerk shall af- 
fix his private seal until a public one shall be provided. 
Change of Sec. 12. All recognizances and other obligations, 

terms not to suits, ac.tions, and motions, indictments, and other pro- 
atfect pro- ceedings, 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 returnablt; 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 -actj 
constituting and regulating the supreme and circuit 
courts of this state,' (approved, December 29, 1824) ap- 
proved, January 12, 1827; 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 tifth sections of the act, enti- 
tled " an act establishing Joe Daviess county," approved 
February 17, 1827; and so much of the act, to w./ich 
this is supplemental, as provides that the same sl;rdl 
take eifect on \:ae first day of July next; are hereby se- 
verally repealed. 
Special terms ^EC. 14. The judge of the fifth judicial circuit in 
in Joe Daviess this state, is hereby authorized and required, when it 
county shall be necessary to hold special terms of the circuit 

cou?t in the county of Joe Daviess, in addition to su( h 
as are provided for in the foregoing provisions of t'vis 
act: He shall cause an entry to be made on the recoids 
of the circuit court of said county, of the time when a 



«OITRT HOUSES AND JAILS. 53 

special term of said court shall be held, a copyof which Notice there- 
entry shall he published, for three weeks successively, p/*^j^^ ^^^~ 
in some public newspaper prmted 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 mav 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. Thii 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^ Januarif ^^^ ^ 829.1 



\ 



"^aO^ 



COURT HOUSES ANI> JAILS. 

A^ ACT AUTHORlZmG AND RP^QUIRING THE COUP^TV COMMISSIONERS* {^^ po^cE 
COURTS TO CAUSK COURT HOUSES AND JAILS TO BE ERECTED, IN JuNE I 18'ip. 
EACH AND EVERY COUNTY IN THIS STATE. 

Sec. 1. Be it enacted hy ike people of the stale of 
Illinois represented in the General Assembly^ Tliat it shall Jails to be 
be the duty of the county commissioners' courts, in their ^''^cted 
respective counties, to prepare or cause to be erected, 
w>hen, in the opinion of said court, the means of the 
county are such as to justify it; and where they have 
inot heretofore done so, strcng and substantial jails, so 
that prisoners may be confined therein witli safety: and Co. comVs 
the said commissioners are hereby expressly charged charged with 
with the faithful execution of this law, and t^^ey shall J^'^^'^^f^^g'^j'^^^"'^' 
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 ^^f Circuit 
the records of the said Circuit Court. Court 

Sec. 2. It shall also be the dwiy of the said county 
commissioners,, in each county, to cause to be erected, 
when, in the opinion of said court, the means of the 
county 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 time to time, with 
an? person or persons, in behalf of the count3^ ^or the 

F 



ise. 



51 



ELECTIONS. 



ereciion of snch court houses, or finishing any court 
house already begun, at any regujar terni of their court, 
or at any special term they may .tppoint. 

Lots to ho Sec. 3. The county comnnissioriers' courts in each 

pnrchHsed countv, shall have power to contract, and procure for 
the use of their respective counties, whenever it shall 
beconne necessary, any lot or lots of land, whereon to 
erect ^uch county buildings, and obtain deeds of con- 

Or sold 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 'Van 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:— r 

Previons Provided^ that no right previously acquired, shall be 

rights not im-:pj^Qj,|j.gf^ by the passage of this act. 
} " ' This act to take effect on the first day of June next. 

\ Approved^ January 5, 1829.] 



"-^aO^ 



ELECTIONS. 



AN ACT REGULATING ELECTIO>'S. 



In force, 

'/Tune 1, 1829. '^^q, \, Be it enacted by the people of the state of 
Illinois represented in the General Assembly^ 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 ofiicers, 
shall be conducted in the manner hereinafter prescribed, 
p Sec. 2. The county commissioners' courts in this state 

ije laid out shall divide their respective counties into as many elec- 
Tiot exceeding t4^n precincts as they may think expedient, not exceed- 
^'°^* ing eigh*,. including the county scat or place of holding 

PI f elee- ^ourts, 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 tlic County Seat, the house or houses, place or 
P^^^^ places, at v.hich elections areto be holden; and the pre- 

cincts and places of holding elections, so established, 
shall so rem.ain until changed by the county commissior- 
ers' court: And all general and special elections shaU be 
held at the places so designated, until changed as afore- 



Suid: Provided always, that it shall be the duty cf the 

county commissioners' court, at any time, to change any ^"" *",^^ ^^ 

place of hohiing elections, upon the petition of a majori- ^ 

ty of voters residina: within the precinct: Provided ^^^i"" Two set-^ of 

iher, that the county commissioners shall, if they deemjudges an 

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

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

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 c- 
ine the (lualifications of electors, to act as judges of the '^'^^^'^'^^'^'^'^ 

<^ I ' Jo UppOlIltC'u 

election, in each election precinct; and the clerk of the 
said court shall make out and deliver to the sheriffof the who shall ht 
county, immediately after the appointment of said judg-noiified therc- 
cs, a notice thereof in writing, directed to the judges so "^ 
appointed', and it shall he the duty of the said sheriff, 
^vithin twenty days after the receipt of said notice, to 
?erve said notice upon each of the said judges of elec- 
tion. The said judges of the election shall choose twoJudgos to 
persons, having simihir qualitications with themselves, to ^^"^^ ^ 
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 v/ithin their precinct, until other 
judges sliall 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, 
fdi ail vacancies which may take place in the ofhce of Vacancies 
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 elfxtion, and at least twenty days previous to any 
special election, make out and deliver to the sheriff of ^hree notice^ 
his county, tiiree written notices thereof for each pre- for each pre- 
cinct, said notices to be, as nearly as circumstances wilicnict 
admit, as follows, to wit: *• Notice is hereby given, tliat Form thereof 
on Monday, tiie 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 Uniied 
Slates, one senator, three representatives in the General 
Assembly of this State, one sheriiF, one coroner, three 
county commissioners, &c.; (as the case may require) 
which election w'di be opened at eight o'clock in the 
morning, and will continue open until six o'clock in the 
afternoon of the same dav. Dated at this 



5(? ' ELECTIONS. 

<layof in the year of our Lord one Ihoiisantl 

eight hundred and 

A. B. clerk of the county commiss'rs' 
court of coui.ty.*' 

Sheriff to post And the said sheriiT, to whom such notices shall be 
them up delivered as aforesaid, shall post np in three of the most 

public places in each precinct, the three notices refer- 
ring to such precirict, at least (ifleen da> s before the time 
of holding any general election, and at least eight days 
before the time of h.olding any special election. 
Jud^-e refus- ^^^' ^' l^^i'^iy p(-rson appointed to act as a judge of 
iiig" the election as afcFesaid, sliall neglect or refuse to be 

sworn or at^irmed to act in such capacity, the place of 
Justice of the giicji person shf-U be filled by any justice of the peace, 
noaee o act p^gj^jip^g ^vlthin tlie precinct, to be nominated by the 
other judge oi- 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 ttie 
precinct, to fill such vacancy or vacancies; and if there 
be no judge of the election present to fill such vacancy 
I*io judge at- or vacancies by nomination, then such vacancy or va- 
rerf ma V elect ^^"^^*^^ ^^''^^^ 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. 

Secc 6. Previous to any votes being taken, the judges 
i^^andcierks" ^"^ clerks of the election shall severally take an oath, or 
affirmation, in the following form, to v/it: " }, A. B. do 
solemnly swear, (or afilrm, as the case may be) that I will 
perform the duties of judge, (or cierk, as the case may 
be) according to law and the best of iriy ability; that I 
will studiously endeavour to prevent fraud, deceit, and 
abuse. In conducting the samr-." 

Sec. 7. In rase there shajl be no judge or justice of 
wnisterofl^ " ^^^ peace present at tlie openhig cf 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 empowered to admin- 
ister the oaths ct* afilrmations to each olhcr, and to the 
clerks of the election; and the person administering 
such oaths or afnrmations, shall cause an entry thereof 
Entry thereof to be made aiid subscribed by him, ar.d prefixed to tb.e 
to be made poll-books. 



KLECTIOXS 



57 



Sec. 8, At all elections to be held under this act, the 
polls shall be opened at the hour of eight in the morning, Po'^ w*^*^" °" 
and continue open until six o'clock in the afternoon of Jj^^g^j 
the same day, at which time the poll shall be closed: 
Provided^ however, that if no judge shall attend at the in case judges 
hour of eight in the morning, and it shall be necessary forgot attending 
the electors present to appoint judges to conduct the 
elfr^xtion, 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 aho^ 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 nlglit. And ^^y 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 tiloction shall furnish the 
necessary poll books j:nd stationary in conducting the Stationary 
same. 

Sec 10. The manner of voting shall be by the elcc- Manner ofvo- 
tor's approaching the bar, in the election room, at any ^"^ 
time 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 till the different offices which are to be filled at 
the said election, and the clerk<5 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 wliomhe 
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 vote Tor 

governor, lieutenant governor, and electors of president g^v. kc. at 

and vice president of the United States, at any place o\ ^"-^ ^^'^^^ 

holding an election within this State; for representative I^<^p- in can. 

to congress, at any place of holding an election within "^ ^^^^ t'istrict 

the congressional district in which such elector resides; ' 

for senator and representatives to the General Assembly ^♦^^f^'^'^^o'* -^^ 
J 1 i-L ij- 1 i- -tu- n i. . ^1 rf'P- in general 

at any place of holdmgan election %vithin the senatorial u? ,.n.bi.v 

or representative district in which he resides; for sherLtf, sisrnTf i oo. . 

coroner, and county commissioners, at any place of hold- com. 

ing an election in the county in which he resides: But 



58 EJECTIONS. 

Jus. peace & for justices of" the peace and constables, lie shall not vote 
constables ^^^ ^^ ^{^^ district in which he resides. And if any elec- 
tlian°once°'^° 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 
Howpunished 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 commiUed. 
Challenges 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- 
o th 1(1 ^^" ^^ ^^^^ ^^ affirmation in the following form: "1, A 
qualifications B, do solemnly swear, (or affirm, as the case may be) 
of voter 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 I have to the best of my knowledge and belief, 
attained to the age of twenty one years; and that I 
Vote to be have not voted at this election." And if the peraon so 
admitted offering his vote, shall take such oath or affirmation, his 
vote shall be received, unless it shall be proved by evi- 
Or rejected dence satisfactory to a majority of the judges, that tlie 
said oath or affirmation is false: And if such person 
refuses to take such oath, or affirmation, his vote shall 
be rejected. And if any person shall take the said oath 
False oath or affirmation, knowing it to be false, he shall be deemed 
faow punished guilty of wilful and corrupt perjury, and shall on con- 
y^ , viction, suffer such punishment, as is now, or shall here^ 
pe^^onsvoUng '"^fter be prescribed by law, for persons guilty of perjur> . 
how punished 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 sam.e manner as other penalties under 
Vroviso Ibis act are: P/-orz^e«^,however, that if such person shall 

have been considered by tlic judges of the election a 
legal voter, then such person shall not be so fined. 
Constables to Sec. 13. For the preservation of order, as well as 
attend ^^g 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; 
Special con- ^^^ should no constable attend at such electon, the 
stable judges of election are hereby aathorijed aud enipoW' 



ELECTIONS. 



59 



ered to appoint one or more special constables to assist 
in preserving order, during tiie election: and the judges Powerofjudg 
are hereby empowered to impose a fine, not exceeding ^^ ° 
twenty dollars, on any person or persons, who shall con- 
duct in a disorderly and riotous manner, and persist in 
such conduct, after 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, tor any time 
not exceeding twenty days, or until the tine shall be 
paid; and the constable to whom the order shall be 
directed, and the jailor of the county, are hereby re-^ 
quired to execute such order, and receive such person, 
or persons, so committed, as though it had been issued 
or delivered by a magistrate in due form of law. 

Sec. 14. When the votes shall have been examined Poil book 
and counted, the clerks shall set down in their poll books. What it shall 
the name of every person voted for, written at full ^o"*^!" 
length, the office ibr 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 *'o"°* 
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 Governor. 

E F had sixty-two votes for Lieutenant-Governor. 

G H had sixty votes for liieutcnant-Governor. 

I K had eighty votes for Representative to Congress. 

L M had seventy-three votes for Senator. 

N O had sixty-five votes for Representative. 

P Q had fifty -nine votes for Representative. 

R S had fifty-seven voies for Sheriff. 

T U had twenty-two votes for Coroner. 

V W had thirty votes for County Commissioner, 

and in the same manner for any other persons, or offi- 
cers, voted for. Certified by us, 
A B, i 

C D, > Judges of the Election* 
E F, ) 

T y' > Clerks of the Election. 



60 ELECTIONS. 

One poll book Yi^g jyj^ges of the election shall then enclose and seaf 
ed totlfe"'^" O''^^ ^^ the poll books, undercover, directed to the clerk 
clerk of Com- of the county commissioners' court of tlie count}^ in 
missioners' which such election is held, and the packet thus sealed 
By"'the iud<^e s^^^^' ^^ conveyed by one ot the judges or clerks of the 
or clerk ° election, 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 the election, to be 
lodged with determined as aforesaid: and the poll book shall t^e sub- 
t ti ju<^ges j^^^ ^^ ^j^^ inspection of any elector who may Wish to 
examine it. And if any jud^e or clerk of an election, 
alter having been deputed by the judges of the election, 
at which he shal} have served as judge or clerk, to carry 
}u(]^eoT° the poll book of such election to the clerk of the county 
clerk to de- commissioners' court of the county, shall fail or neglect 
liver to deliver such poll book to the said clerk, within the 

time prescribed by law, safe, with the seal unbroken, he 
How punish- ghfti} fof every such offence forfeit and pay the sum of 
five hundred dollars, for the use of the cou ;ty, to be re- 
covered in the name ol the commissioners of the county, 
by an action of debt in the Circuii Court. 

Sec. 15. On the seveijth 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 fuliowins; 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 tlie 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 certifj. j^ shall 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 ofticers, respectively, 
and to deliver such certificate to the person entitled to 
Two or more ^^5 ^^ ^^^ making application for that purpose to the ( lerk 
couitips in at his office: Provided^ however, that where two or more 
one 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 
after the day of the election, attend at the office of the 



ELECTIONS. 61 

clerk of the county com nissioners' court, oi' the senioi? 
counjj, c'uid there in conjunction with tlie clerk orcierks 
of the senior county or counties, shall compare the votes 
yiven in the severnl counties composing sucii senatoiial 
or representative district; and said clerks shall immedi- 
ately make out a certificate of the election of the person 
or persoiiS havii^i^ the highest number of votes in such 
counties for senator or representative to the General 
Assembly: vv'hich 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 
his office: Provided^ also, that in the district composed of nJo("~and ' 
the counties of Johnson, Union, and Alexander, the sev- Aiexandcr 
era] chirks shall meet at the seat of justice of Union 
county ; in the district composed of the counties of Bond, ^^'^^-'^i ^""y- 
Fayette, Montgomery, Shelby, and Tazewell, the several '"^^''' ^''' 
clerks shall meet at fhe seat of justice of Fayette county ; pij^g Fulton 
in the district composed of the counties of Pike, Ful on,&c. ' 
Peoria, Schuyler, Adams, and Joe Davies?, the several 
clerks shall meet at the seat of justice of Schuyler coun- 
ty; to compare the returns of votes given v/ithin 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 voles. 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 jreneral or special election, to make out^ 
his certiiicate, stating therein the compensation to which tioMto judo-e? 
the judges and clerks of eacli election may bo 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. 1G. If the requisite number of senators, or i'f'p- pe-son" hnv- 
resentatives, or county olncers, shall not be elected, by ir,c^\Le lii^'h- 
rcason of any tv/o or more persons liaving an equal and f'-t and equal 
the higlicst number of voles for one and the same office, ':"'''^^''|^k. 
the clerk, or clerks, whose duty it is to compare the j)oi]s,cide by *loL 
shall give notice to the several persons so having the 
hi<;hest, and an equal number of votes to attend at the 
office of the proper clerk, at a time to be appointed by 
tlie 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 
clected; and the said clerk, or clerks, shall mike oul 



62 5i:LECTIOl<S. 

jind deliver to (lie pcrsoii, tlsus declared duly elected, a 
certificate of his elecliou as herein before provided. 
Rcfumstothc Sec. 17. The clerk of the county commissioners' 
Secretary of court, immediately after making out abstracts of votes 
State given in his county, shall make a copy oi each of said 

abstracts, and transmit it by mail to the office of the sec- 
retary of state: the abstract ol votes for governor and 
lieutenant-governor, being add re.-sed to the speaker of 
the House of Representatives, and enclosed with, the other 
abslracts to the secretnry'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 lieu- 
tenant-governor, t>r for either of them, to the speaker of 
Votes to be ^^^^ House of Representatives. The secretary of state, 
canvassed auditor, treasurer and attorney genera?, or any two of 
them, in th'^ 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 ?rant 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 pro'cla- 
Anf] issue a mation, declaring the election of such person or persons, 
proclamation j^j q^^^q there shail 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 Slc. 18. If the returns of the election of any county 
employames. jj^ Ij^jg state shall 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, 
tiou the sum 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 w^ho shall receive a Certificate 
Signing ^^ j-jjg 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 offi.ce. And when any 
tilled in case vacancy shall happen in the office of senator or repre- 
eeiiatcr&:c gentativc to the General Assemb]y^ by death, resigna- 



ELECTIONS. , 63 

tion or oilierwise, the governor shall issue a writ of 
election, directed to the sheriir of the county, in which 
such vacancy shall happen, commanding him to notify 
the several judges 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 office of sheriff or coroner, 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 duty of the governor 
to issue a writ of election, and direct the time when such Writ of elec- 
election shall be held, the said writ to be directed to tion 
the said clerk. And when any vacancy shall happen in Vacancy of 
the office of representative to congress from this state, ''^" '''• in 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 office Vacancy pi' 
of governor, by death, resignation, removal from office, S^y* 
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, IJ^fTs the case may be) an election will be held 
to fill such vacancy: Provided^ however^ that the secre- 
tary shall not give such notice, nor shall such special 
election of governor take place, unless the vacancy, 
shall have happ./ned at least foity days previous to 
such general election for members of the Genernl 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, Contestca 
shall desire to contest the validity of any election, or^'^^^^^^"^ 
the right of any person declared duly elected to hold Senator or 
his seat in the Senate or House of Representatives of q^''^^^;'^! ^^^ 
the General Assembly, such candidate shall give notice sembly 
^f his intention in writing, to the person whose election 



Gl elbJction.s. 

he intends to contest, or leave a notice thereof at his 
usual place of resideuce, within thirty days after the 
dayol" election, expressing the points on which the same 
Takin<^ depo-^iH be contested, the name of one of the justices of the 
»crons° peace who will attend at the taking of the depositions, 

the place where, and the time when the said depositions 
will be taken; which time, so fised 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 witli them, they shall proceed to 
select, by lot, a justice of the peace, who shall preside 
with them atthetaking 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 
therein mentioned, under the penalty oi ^fiy dollars, to 
levied on each and every deliiiquent who has been duly 
served with process: P/-oi?wW, 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 any 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 
justices, or either of them, to issue an attachment 
against such witness or witnesses, and the testimony of 
him, her, or them, so failing or refusing to appear, may 
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 
contesting the same; and if any justice of the peace 
selected, as aforesaid, to attend at the taking of the 
depositions, shall without reasonable excuse, fail or re- 
fuse to attend at the time and place appointed, after 
having undertaken to attend, he shall forfeit and pay a 
fine of fifty dollars, to be recovered by action of debt, 
in any court having cognizance thereof, one half to the 
county, and the other half to the person who will sue 
for the same. And the said justices when met, shall 
hear, and certify under seal, all testimony relative to the 
oaid contested election to the speaker of the Senate, or 



ELECTIONS, 



65 



to the speaker of the House of Representatives, as the 
case may require. And no testimony shall be heard by 
the said 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, ajid by them transmitted with the 
other documet^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, in case of 

Sec. 22. When any candidate shall desire to contest sheriff, coro- 
the validity of any election, or the right of any person ner, county 
declared duly elected, to hold and exercise the office of ^°°^™'^'^°"^^ 
sherilf, 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 
aforesjud, 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. Arid the 
said judge or justice shall forthwith proceed to examine 
said documents, and declare which of said candidates 
shall, in liis 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 tiiis act, after having undertaken to perform such Penalty of 
duties, he shall forfeit and pay to the state the sum of^'"'^^':'^' ^^'^l 
forty dollars; and if any such judge of the election, J^c"^^"^ °^° 
clerk, or other officer or person, jn any wise concerijed 
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 othar 
one person, at the same election for one office, or shall misconduct 
be guilty of fraud, corruption or partialit/, or manifest 
misbehaviour, in any matter or thing relating to said 
election, each and every person so offiending shall forfeit 
and pay to the county the sum of one hundred dollars, to 



66 



ELECTIONS. 



Tobedisqual 
ified 



Refusing to 
admit voters 



ProTiso 



Vacancy of 
senator &c 

How filled 



yacancy in 
(he 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 such 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 w^ho 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 smn^: 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. xA.nd if any judge of election shall order to be 
received the vote of any person, who, being challenged, 
shall 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 
therefor, the one half of said fine for the ,use of the 
county, and the other half for the use of the person suiog. 
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 1 9th 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 cause, in shall be the duty of 



ELECTIONS. 



m 



U\e secretary of state to notify the different sherifls 
throngfjout 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 to b^ 

Sec. 25. On the first Monday m August, one thou- held on the 
sand eight hundred and thirty, and on the first Monday 1st Monday 
in August biennally thereafter, there shall be an election ^" ^"S ^^30 
in each county in this state, for representatives to the Andbiennially 
GeneraV Assembly ; senators, where under the provisions thereafter for 
of the constitution of this state, a senator shall have toj?^^ 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^f^^^ 
an electioFi 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 1st 
thirty-two, and on the first Monday of August, every 5^°"^^^.^" , 
second year thereafter, an election shall be held for so32fndbien- 
many representatives to congress, as this state shall be niallythereaf^ 
eiititled to at that time. *^^ 

Sec 27. ^Nothing 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 
at any poll in pursuance of law. ^^^^^^ ^^^^^ 

Sec. 28. There shall be allowed out of the county 
treasury of each county, to the several judges and clerks Compensa- 
of election,such compensation, not exceeding one dollar j^^nJj^dge/ 
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. 

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 
^f J r ,^ ■ J , . , /. 11 /. to vote vacan- 

oi 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 



ELECTIONS. 



Proviso 



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

Sec. 30. Tlie act entitled an act regulating elections, 
approved, March 1, 1319; and the act to provide for a 
Acts repealed new election in case of vacancy in the ofdce of governor, 
approved, February 26, 1819; and the act, entitled an 
act regulating elections, approved, February 3, 1821; 
the act entitled an act regulating elections, approved, 
January 3, 1823; and the act entiiled an act supple- 
mentary to the act regulating elections, approved, Janu- 
ary 17, 1825, are hereby severally repealed. Provided^ 
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 
sheriffs and coroners, approved, February 12, 1827. 

Sec. 3 1 . In all elections by the General Assembly, or 
by either House tiiereof, (elections of justices of the 
Supreme Court, and judges}of inferior courts excepted) 
the member shall vote zJi'ra roce, 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 declared duly elected by the 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 January 10, 1829.] 



Elections by 
the General 
Assembly 



ENCLOSURES & COMMON FIELDS 69 



An act to regulate the enclosing and cultivating 
of common fields. 

Sec« I . Be it enacted by the People of the State of in force, 
Illinois^ represented in the General Assembly^ and il is here- feb.23, 1819 
ify 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 connmon 
field, may nneet together, bj 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 meeting, 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 alzvoys, That any per- 
son, who is a proprietor in any commoi^ field, may at any 
time hereafter, separate his, her or their land, from such 
common fields 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 enahle them to cany 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 refatingto the management of the said com- 
mon fields; and shall continue in his ofiice until another 
shall be chosen and qualified to serve in his room; and 
that the election of chairman, 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 tt^ree per- 
sons, whicb shall be styled "the field committee," who 
shall be sworn to a faithful discharge of their duties; the 
said committee may call a meeting of the proprietors o( 



70 EXCLOSCRES & COMMON 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 da}s previous to the time 
of such meeting, or by warning such propiietors in such 
other manner as they shall, in their lawful meetings 
agree upon. 

Sec. 4. That the proprietors of common fields are 
hereby authorized and empowered, at their lawful meet- 
f ings, to grant and levy taxes on themselves, when they 

shall judge it needful, according to their several inte- 
rests in such fields, for defraying the charges that may 
arise in setting out and designating the proportion cf, or 
altering the fcnce of such fields, in making gatf^s and 
bridges, 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 collecting such 
taxes; which collectors shall have the same power and 
authority, 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 field committee shall point out and 
designate the place where, and the proportion which, 
each proprietor shall erect of such common fence, and 
«very proprietor in such common field shall duly erect 
and maintain, bis, her or their proportion of such com- 
mon fence, according to the directions of such commit- 
tee: Provided^ such committee shall attend all orders, 
and comply with all rfgulations of the major part of the 
proprietors of such common field, for the improvement 
thereof, for the common benefit, under the penaliies of 
such fines and forfeitures as sluill be lawfully annexed to 
the breach or neglect of such orders or regulations. 

Sec. 6* That iiwj person or per.-ons leaving 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 vrhat^oever, whenever it shall be necessary, for 
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 tiie fence of any person making a particular enclo- 
s!ire adjoining the commcm fieltij the one half of the divi- 
sion fence between such particular enclosure^ and the 
common field as aforesaid, shall be made and maintained 
by the proprietors of such common field, and the other 



ENCLOSURES & COMMON FIELDS. 

balf by the owner of such particular enclosure; and if 
any person or persons, whose land shall adjoin any such 
common held, shall neglect to keep in repair, and main- 
tain his, her or their part of such fence, after heing re- 
quested thereto by the field committee, in writing under 
their hands, for the space often days, it shall be lawful 
for the said committee to repair the said fence, at the 
proper charges of the delinqueiii: which expense, alter 
being estimated by two reputable freeholders of the town 
or village, wherein sucli fields are situated, may be re- 
covered by action of debt, before any court having com- 
petent jurisdiction, together with costs. 

Sec. r. That if an) person or persons whose lands 
shall adjoin such common field, shall lay open the same, 
without giving two months notice thereof in writing, 
lodged with the clerk of such common field ; su( h per- 
son or persons shall be liable to pay all damages that 
may accrue to the proprietors or to any of tiiem,of such 
common fit Ids, to be recovered in any action of damages, 
belore any court having competent jurisdiction. 

Sec. 8. That all accounts for any services rendered 
any person acting under the appointment of, or by the 
direction of the major part of the proprietors of common 
fields, shall be paid out of 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 chaiiman, 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. Tiiat 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 eitjier, 
or any of themselves, as to tliem 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 per?on or persons tWnking 
himself or themselves to be ucreasonably or oppressive- 
' \y ftaed, shall have the right to appeal from the judgment 
of 5aid proprietors to the next circuit court, holden for 



75 ESTRAYS. 

said county: Provided, That notice of such appeal, shall 
be given 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 sufficient 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 ruch fines, as shall be ordered by the said 
proprietors, in lawful meeting assembled. 

[Approved, February 23, 1 8 1 9.J 



ESTRAYS. 

IN FORCE, AT*' ACT TO AMEND AN ACT ENTITLED '■'AN ACT CONCERNING WATER 
>?AVi.22 1829. CRAFTS," FOUND ADRIFT, LOST GOODS, AND ESTRAY ANIMALS," 
APPROVED JANUARY 10, 1827. 

How the right Sec. 1. Be it enucted by the people of the state of 

shaa'^biTes'ted ^^^^^^^^ rfprcsmted in the l^^itral Jissemhly, That in all 

in the taker Cases where any estray horse, gelding, mare, colt, mule, 

"P* 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 wlien the variation 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 

How the appear to claim the property within the time aforesaid, 

estray may be \^ ^]^^\\ ^^ i\^q (j^ty o{ 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 pubhc 

auction, to the highest bidder, on a credit of nine months, 

ment ^^ ^'*^' ^^^ purchaser giving bond, with security, to be approved 

by said sheriff, payable to said sheriff, or his successor 

in ofiice, for the use of the county, the sheriff, previous 

Notice of 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 

of^mvner ^^ property, within one year after the sale thereof, as afore- 



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 eonimissionersof such coutity 
shall order the same to be paid out of the county treas- 
ury, after deducting such (ees and compensalion as may 
have accrued. If th^- appraisement of 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 l)is paying into the county 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- . , 

, . 1 . xu- i • I I II ^^''^'^vs repeal- 

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

huf any rig!its accrued under the provisions of tljatact 

shall not be impaired or affected hereby, 

[Approved^ January 22, 1829.] 



FERRIES, TOLL BRIDGES AND TURNPIKE ROADS- 

AN ACT TO AMEND AN " ACT TO PROVIDE FOR THE ESTABLISHMENT In FORCE, 
OF FERRIES, TOLL BRIDGES, AND TURNPIKE ROA DS," APPROVED, MaY I, 1829. 
FEBRUARY 12, 1827. 

Sec. 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 proliibits the 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, 
be, 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 shall hereafter be ferrying con- 
established and confirmed before this act takes effect, 
sliall, 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 



74 GENERAL ASSEMBLY. 

or they, so ofiending, 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 day of 

^Tav next 

[.%?roi;ec/, Ja/mor^ 22, 1829.] 



— (^ — • 



GENERAL ASSEMBLY. 

' M Tr</%Dr-r< AN ACT PROVIDING STATIONARY AND FIRE-WOOD FOR THE USB OF 
Jan. 6, 1825. THE GENERAL ASSEMBLiT. 

Sec. 1. Be it enacted hy 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 secre- duty of the secretary of state, to provide a sufficient 
tary of state quantity of stationary for the use of both branches of 
the General Assembly, and to keep the same in Ids office, 
or some other safe place, except when it shall become 
his duty to part with it upon application by the proper 
autliority. 

Sec. 2. That after having procured a suitable quan- 
tity of stationary, as aforesaid, upon the best terms it 
Auditor to can be obtained, he shall present his bill (specifying the 
issue iiis war quantity, wdth charges of transportation, if there be 
rant for the ^^y^ ^^ ^^^^ auditor of public accounts, whose duty it 
amoun s\\i\\\ be, to give him a warrant upon the treasurerforthe 

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 
To advertise advertise, if neccs^sary, three months previous to each 
to receive regular meeting of the General Assembly, that he will 
proposals 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 will furnish it with the great- 
est certainty, and at the cheapest rate. 

^MpproTed» January 6, 1825,] 



75 



HORSES. 



AN ACT FOR IMPROVING THE BREED OF HORSES. Jpf poRC]^, 

JUNE I, 1829. 

Sec. 1 . Be it enacted by the people of the state of Illi- 
nois^ represented in the General Assembly^ That it shall and Horses run- 
may be lawful for any person to take up any stoned "Jng 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 ow ner or keeper; Notice to the 
and if such owner or keeper shall not take away or owner 
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 count} , 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 may be shown by ^^'"^ 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- 
advertise the same in three of the most public places in ?"^^"\ ^^^^^ 

to hp flfivpr" 

the county, for ten days, giving a true description there- tised 

of; and if no 0'vner,or person on his behalf, shall by that Owner not 

time appear, and take charge of said horse, such taker "PP^^""? 

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 paly 

vertising and keeping the same, if the same be adver- ^'^i'^"^^^ 

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- u^"^u- 
session of the owner or keeper, and found running at away 
large: in that case, the. same shall be taken to the owner To be taken 
or keeper, without unnecessary delay, and the owner or *o ^^^ owner 
keeper, shall thereupon pay such person so taking up Who shall 
and delivering the said horse, the sum of two dollars jP^y^^P^"'® 



76 HORSES. 

and should the trouble and expenses of taking up, keep- 
ing and delivering, be extraordinary and great, a further 
and liberal sum shall be paid by the owner or keeper of 
such horse to the person so takijig up and delivering; 
R-unning at but if the owner or keeper of any stoned horse whether 
large by suf- ^^ \^q kept for Covering mares or not, sliall negligently 
or wilfully sutfer the same to run at 1 irge, 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 siiall be done carefully, and the owner 
Owner to pay or keeper shall pay to such taker up, the sum of live 
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 running at large; and if 
Gelded horses aiiy horse shall die, or be injured in consequence of such 
*^yi"S 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 
Owner not other person in his behalf", shall not appear and take 
appearing, charge of the same, after being altered as aforesaid, the 
taken cuTe of ^^^^r up shall take care of, feed and nourish the same, 
until said horse sliall 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 sutler to run at large, 

or keep in any place w^here other creatures can have 

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

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

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

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

temper, &:c. disease, he shall be lined in the 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 

ol the peace in the county, if the sum of damages be 

under one hundred dollars, otherwise in the Circuit 

Court. 

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

letting horses ^^(^j^jjj ^^^y tQ^yQ qf village in this state, the same not 
to mares . "^ " . ... 

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



IDIOTS, &€, 77 

Sec. 6. All sums or penalties incurred under the Fines recover- 
provisions of this act, provided the same do not exceed ^^^ 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 
j:ourt. 

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 tak<;j effect on the first day of June next. 

[^^pproved, January 3, 1829.] 



--=0^ 



IDIOTS, &C. 

,A.N ACT REGULATING THE ESTATES OF IDIOTS, LUNATICS AND In FORCE, 
PERSONS DISTRACTED, AND FOR OTHER PURPOSES. FeB. 12,182*3 

Sec. 1. Be it enacted by the People of the State of 
Illinois tepresenied in the General Assembly^ That when- n y. 
ever any idiot, lunatic or distracted person has any es- relations may 
tate, real or personal, the judge of the Circuit Court call a jury to 
of the county in which such id/ot, lunatic or distracted •'^^^^'"^^•^ '^ 
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 
summoned, 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, insane or 
distracted, it shall be the duty of the judge aforesaid, 
to appoint some tit person to be the conservator of such 
idiot, lunatic or distracted person. 

Sec. 2. That the conservator of such estate so ap- Security to b©^ 
pointed, shall enter into bond with sufficient security, to given by con- 
be approved by the said judge, to the treasurer of the ^^rvators 
county in which such idiot, lunatic or distracted person 
resides, in double the amount of such estate, for the 
faithful discharge of his duty. 

Sec. 3. That such conservator shall have ihe entire Inventory to 
care of the estate of such idiot, lunatic or distracted ^^ ^i^'»cle, and 
person, both real and personal; and such conservator q-*'^'^"!^ *^ 
shall forthwith make a true and perfect inver.tory of Court 
said estate, and return the same i;.to the office of the 
clerk of the Circuit Court of said county, w^here it shall 



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, 

applied to ^Q ^j^ support of such idiot, lunatic or distracted person, 

support and . . . ^r tt i n . ^ .f ii 

educate chil-his or her family. He shall have power to collect ail 

clren 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 se]l 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 aLdbe 
may sue and gued, in every instance, as the representative of the per- 
and"pfoperty ^on SO insane, lunatic or distracted, and execution may 
may be sold issue in the name of, and against the said conservator, 
as representative, as aforesaid; and al the property of 
such person may be sold to pay his or her just debts, 
that might or could be sold in other cases, 
Fersonsbeipg Sec 7. That if such person, as aforesaid, shall be 
re-stored to restored to his or her reason, then what remains of his 
^allhave°° ^^ ^^^ property and estate, shall be returned to him or 
possession of her; Of in case of his or her death, to his or her heirs, 
ihejrproperty gxecutors or administrators, after a reasonable alio^y- 
ance to said conservator for his services, to be ascer^ 
7 tained by the judge of said court. 

[Approved, February 1 2, 1 823.] 



I^NSOLVENT DEBTORS, 

. ^ AN ACT FOR THE RELIEF OF INSOLVENT DEBTORS. 

JW *'ORCB, 

/uNE 1, 1829. 

Debtors re- Sec. 1, Be it enacted by the people of the state of Uli- 

fusing to de- nois^ represented in the General A.sembly^ TIjat whpiu ver 
liver [.roperty j^j^y jg{3l_Qj. g}jj,]j ^ef^c;e ((> surrer-Her his or her estate, 

lands, tenements, goods or chattels, for the satisfc'ction 
of any execution wluch may be issued against the pro- 



/a. sa, may 
jssae 



insolvejVt debtors. -^^ 

pertvof any such debtor, it shall and maybe lawful for 
the plaintiif 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 
with 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 ca, sa, against 
the body of such defendant in execution. 

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

Sbc. 3. When any person shall be arrested for debt Persons desi* 
on execution, or on original process, for the purpose ofro"smay be 
being held to bail, and shall be desirous of releasing his ^^^"^^^^^^^^Jl 
or her body from such arrest or imprisonment, by deliv- probate 
ering up his or her property, it shall be the duty of the 
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-qnire asche- 
said, to require of such debtor a full, fair, and complete ^"^® 
schedule of all his or her estate, real or personal, includ- of property 
ing money, notes, bonds, bills, obligations and contracts 
for money, or property of any and every description, 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 and 
livered, and by me subscribed, contains to the best of my subscribe oath 
knowledge and belief, a full, true 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 T, at any day or time, directly or indi- 
rectly, sold, lessened in value, or otherwise disposed of, 



80 IJVSOLVEJ^iT DEBTORS^ 

.all or any part of my lands, money, goods, stocky debts; 
securities, contracts, or estate, wherebj to Secure the 
same, or to receive, or expect to receive, any protit 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 affirmation, shall 
Which shall b^ subscribed by the debtor, and certified by the judge, 
theTudgr ^ ^^ ^^y ^^^ oaths, or affirmations, which it may be neces- 
sary for him to administer in the discharge of the duties 
assigned him by this act. 
Creditors may Sec. 5. Any creditor of such debtor, shall have the 
contest right to appear before the judge of probaie, and contest 

the truth of such schedule, and may for that purpose call 
such witnesses as he or she shall deem necessary; and 
the judge shall issue subpoenas, 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 any con- 
venient time, not exceeding thirty days, upon the said 
debtor giving security for his appearance, and also for 
Upon giving the surrender of all the goods, chattels, and estate, men- 
^^^'^ tioned in his schedule, at the day or time to which such 

examination may stand continued or adjourned. 
Asti^nee may ^^^* ^' t^^^cr full investigation, and fair examina- 
be appoipxted 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 he sufficient to 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 assignee, 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 the judge, a receipt of the assignee of such debtor, cer- 
tifying that he has received all the estate, property, 
goods, chattels, and effiscts 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 



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

production of such discharge, forthwith liberate such 

debtor from arrest or imprisonment; and such discharge 

from arrest or imprisonment, shall exempt the said debt- And of what 

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 "^^P^^^ 
an appeal to the next Circuit Court, to be held in the 
county, upon his or her giving bond, with security, to 
prosecute the said appeal at the next circuit court, and 
to pay all costs and damages which may accrue to the 
party seeking such discharge; which bond shall be made 
payable to the judge of probate, or his successor in of- 
fices as shall all other bonds which may be given by au- 
thority of this act; and the saini bond shall be filed with 
the judge of probate. 

Sec. 10. Upon application of any debtor for a dis- 
charge from imprisonment under this act, and refusal of 
the judge to make an assignee, or to grant a discharge 
from imprisonment, 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 courts 
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, and subject to the order of the said court; 
and upon such debtor entering into such bond, it shall 
be the duty of the said judge to certify the whole of the 
proceedings, which have been bad 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 thereafter. 

Sec. 11. No assignee shall sell any property assigned 
to him bv any debtor as aforesaid, during the pendency Pu'^*7,°^ ^' 
01 any appeal to the circuit court, unless the same be ol tuie only to 
a perishable nature, and such as will be materially iujured be sold , 
in its value b v delay. 

Sec. 12. The circuit court, at the term to which the Proceedings 
proceedings shall be returned, shall (unless for good ^" ^^^ circa, t 
cause) proceed to hear and determine the matter, and 
shall empannel a jary to find the facts, at the reque-^tof 
either parly, admitting all necessary evidence, and sb^ll 



S2 INSOLVENT DEBTORS. 

make such order therein as justice and equity may re- 
quire, affirming or reversing the whole, or any part, of 
tiie proceedings of the judge of probate, and doing at! 
things thatnaay 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- 
al thereon sirous of releasing his or her body from arrest or imprisr 
oiiment, 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, commanding 
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 which such debtor shall stand charged. 

Verdict of the ^^^' ^^' ^^ ^^^^^ ^"^^ hearing of the parties, the jury 
jury shall find a verdict of " guilty of fraud," against such 

debtor, he or she shall be imprisoned until he or she 
shall comply with the requisitions of the fourth section 
of this act: but if the jury tind such debtor '^not guil- 
And judgment ty of fraud," then the maker of such affidavit, as aforc- 
theraon 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 either party shall have the 
right to an appeal, upon the same conditions as in other 
cases uiider this act. 
Jury allowed Sec. 15. Every debtor arrested on any civil suitor 
to debtor m ppocess, shall upon going before the judge of probate, if 
he shall desire the same, be allowed a jury of seven 
householders of the neighbourhood, M-ho shall be sworn 
to try the fact of refusal to surrender the property of 
such debtor for the benefit of his, or her creditor, and if 
the jury return or fi id a verdict of *^ guilty of such refu- 
'sal," then such debtor shall be compelled to surrender 
his or her property, or schedule his or her property, as 
4,adgment 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. 16. Every assignee, appointed by authority of this 
signee g^t, 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, or chattels, nrentioned in such sche- 
di:le,at thedoor of the court house, and iu three other 



IKSOLVENT DEBTORS. 



83 



public places in the county, giving twenty days' notic^ 
of the time and place of such sale, at whicii time atid 
place such assignee shall proceed to sell all such person- And sell pet- 
al propei'ty, goods and chattels, for the highest price sonal proper- 
which can be obtained; on a credit of nine montiis, ior^y 
which he shall take bond with sufficient security; and 
the said assignee sliallalso advertise at the same places, 
as above required for per^onal property, the lands and And land* 
tenements contained in such schedule, which shall be 
sold at the door of the court liouse,on the first day of the 
circuit court, next to be holden in the said county, be- 
tween the hours of eleven in the morning and sun setting 
of said day; but if Ihe said circuit court should not sit 
on such day so appointed for its sitting, then such lands 
and tenements shall be sold in the same manner as if said 
court liad been held at the time appointed, to the highest 
bidder, on a credit of twelve months, the said assignee 
taking bond, with sufficient security, for the payment 
of the same. 

Sec. 17. It shall be the duty of every assignee, who To make a 
shall sell any lands or tenements by or under authority deed 
of this act, upon payment of the purchase money being 
made by the purchaser, to make and execute to such 
purchaser, his heirs, executors, administrators, or assigns, 
a deed of conveyance for the same, which shall be ac- And acknow- 
kn:;wled2:ed in the same manner as deeds are acknowl- ^^^h^ the 
edged by sheriffs, and such deed shall vest in the pur- 
chaser all the rights of the assignor to such lands and 
tenements. 

Sec. 1 8. ft shall be the duty of every assignee of any rp^ gg^t]^ ^j(jj 
insolvent debtor, within eighteen months after such as the court of 
si^nment, to make a settlement of the estate of such in-probute 
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 insolvent debtor, the amount 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 settlement, ^"^^^*l"^°^ 
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'T"' 
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. 

all such debts as are mentioned in such schedule, toge- 
m^un^n^inhistner with the costs thereon, then such assignee shall pay 
hands ° over tne sam^* to the said debtor, his or her heirs, execu- 
tors, admini>trators or assigns. 
n ™r..«,o Sec 19. The ludf'e of probate is hereby authorized 

tion to aa- to allow every assignee, who shall be appointed under 
signee the provisions of this act, such compensation as shall be 

reasonable and just for the services which he shall be 
necessarily cfiUed upon to perform, in the discharge of 
his duties as assignee. 
Feesofjudge Sec. 20. The judge of probate shall be allowed the 
of probate same fees for services rendered by authorit} of thi? act, 
as he is allowed for similar services in the court of pro- 
bate, in addition to the sum of two dollars for the exam- 
ination of each applicant for a discharge under this act, 
and one dollar for each discharge by him granted to such 
debtor, as aforesaid. 
Judge of pro- Sec 21. In case of the insolvency of any judge of pro- 
bate insolvent bate within this state, the same proceedings shall be had 
to pr .ceed be- against him, before any county commissioner of the coun- 

™ ty, as are prescribed for other debtors by this act. 
False oath ^^^' ^^* ^^y c^^^tor who shall be convicted of taking 

a false oath, under any of the provisions of this act, shall 
be deemed guilty of wilful peijury, and shall suffer the 
pains and penalties imposed by law therefor. 
Effect of dis- ^EC. 23. Any debtor, who shall obtain a discharge 
charge under under this act, and who shall have acted honestly and 
this act without fraud, shall forever after be discharged from 

imprisonment, on account of any debt or debts that 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. 

Acts re ealed ^^^' ^^* ^" ^^^ entitled " An act to abolish impris- 
onment, for debt in certain cases," approved February 
17, 1823; and the 11th, 12th, 13<h, 14th, ISih, 16th, 
17th, 18th, 19th, 20th, 2lst, and 22nd sections of an 
" Act establishing courts of probate," approved Febru- 
ary 1 0th, 1821, are hereby repealed. This act to take 
effect on the first day of June next. 

[Approved^ January 1 2> 1 8 29.] 



85 



JUDGMENTS AND EXECUTIONS. , *^ ^orce 

May I, 182^. 

AN ACT CONCERNING JUDGMENTS AND EXECUTIONS. 

Sec. 1. Be it enacted hy the people of the state of 
Illinois represented in the General Assembly^ That all and 
singular tlie goods and chattelsjlands, tenements and real 
estate of every person against whom any judgment has Goods, chat- 
been, or hereafter shall be obtained, in any court of rec- ^^^^^"'^ '''"/J^ 
ord, either at law or in equity, for any debt, damages, on execution 
costs, or other sum of money, shall be liable to be sold 
upon exectition to be issued upon such judgment; and 
the said judgment shall be a lien on such lands, tene- judgments a 
ments and real estate, from the last day of the term of lien 
the court in which the same may be, rendered, for the 
period of seven years: Provided^ that execution be issued Proviss) 
at any time within one year on such judgment, and 
from and after the said seven years, the same shall cease 
to be a lien on any real estate as against bona fide pur- 
chasers, or subsequent incumbrances, by mortgajije, judg- 
ment, or otherwise: Provided^ that in case the party in Provj|@ 
whose favourany such judgment shall have been entered, 
shall be restrained by injunction out of chancery, or or- 
derof any judge or court, either from issuing execution 
or selling thereon, the time w hich 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 ^"^ before ex- 
shall have been rendered, shall not be delayed or r^^^.^Jy ^^oT 
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, p. ... 
of any certificate of purchase of lands from the United landliabie^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 ^'J^^Jf'*^^^!^^^' 
judgments hereafter to be recovered upon contracts meats"'" ^" 



86 JUDGMENTS AND EXECFTIONS. 

either express or implied, it shall be lawful to direct the 
collection of interest on the said judgment from the 
time of recovering the same until paid, at the rate of 
six per centum per annum. 
Execution Sec. 5. That it shall be lawful for the party in 

may issue a- whose favour any judgment as aforesaid may be obtain- 
gainst '^^^°- ed, to have an execution against the body of such debt- 
fendant '^r, or against his goods and chattels, lands and tenements, 

in the usual form, or both in succession, and to be directed 
to any county in the state, at the election of sucn party: 
proviso Provided^ however, that no execution shall he issued 

against the body or the goods and chattels, lands and 
tenements of any heir, executor, or administrator, unless 
such person shall have made his estate liable to the 
same debt, by false pleading or otherwise: kw^ provided 
also, that no execution shall issue against the body of 
such debtor, 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, 1823; 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 an}' defendant, where the judgment shall 
have been obtained for a tort or trespass committed by 
said defendant. 
Execution to '^^c. 6. That all executions shall be made returna- 
be returnod in ble ninety days after date, and no writ of execution shall 
90 days h\nd. the 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 be executed ; and for the better manifes- 
Sh ff t Nation of 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 

^^PJ^^y taken shall have the same force and effect under this 

the force and ^^^' ^^ they would have under those laws; and when 

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

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

Not replevia • j[ *^ u u i .i • xi r x- 

ble i"gs may be had thereon, as m other cases ol 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. ^^ 

morning and the setting of the sun of the same day, Tior^p^"^l^j"^y^^ 
unless the time and place of holding such sale shall have public vendue 
been previously advertised, for the space of twenty 
days, by putting up wriilen or printed notices thereof ^."^Jj^® ^^^*^''° 
in at least three of the most public places in the county 
where the lands may be situated, specifying the name of 
the plaintitf 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, f^^"^^^*-^,/'/-^^^ 
otherwise than in the manner aforesaid, or without such dating the 
previous notice, or if any person shall take down or provisions of 
deface any such notice, previous to the day of sale, unless Penaityfor"ta- 
upon satisfaction of the judgment on' which such execu- king down ad- 
tion issued, or without the consentof the plaintiff and de- vertisement 
fendant heiein, Ih* sheriff or other officer so offending, 
every such offence, forfeit and pay the sum of tifty dollars 
and every person so oflendlng by taking down or defa- 
cing such notice, shajl 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: Prouz- Proviso 
.<iec? however, 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 when 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 be valued 
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 exposed to sale at public vendue as 
aforesaid, the said real estate may be struck off to the to whesT 
highest bidder for what it will bri-jg, and wit!,outregard bidder 
to such valuation or appraisement: frovided however,^'^^^^^^ 
that if the exerutior-, by virtue of which the sale be 
anad^j shall have been issued upon a judgment hereto- 



88 JUDG5IENTS ANDEXECXTIONS. 

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 made, 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 two- 
h 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 said premises or 

vA I II it ion 

real estate or personal property at that rate, or so much 
thereof, at his election, as will >^alisfy the execution, the 
judgment upon which it issued shall altogether cease to 
ceaseTto\)e a ^^ ^ ^^^" ^^ agaiLst all other judgments, or subsequent 
lien bona Jide purchasers, or incumbrances by mortgage. 

Proviso judgment, or otherwise: Provu/ed^ always, tliat 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 
JProviso 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 
satisfy such execution and costs. 

Sec. 10. That whenever any lands or tenements 
shall be sold after this act 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, 
Bheriff to give instead of executing a deed for the premises sold, to 
a certificate gj^^ ^^ ^^^^^ purchaser or purchasers of such land or 
pure ase ^^j^g^gj^^^^ ^ certificate in writing, describing the lands 
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 
^aT'Tic^rte^il-^^" days from such sale, file in the office 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;jll be taken and deemed evidence of the facts therein 
contained. 

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

his heirs, executors, administrators, or grantees, whose 

Defendant &c lands or tenements sliall be sold after this act takes effect 



mav ref'eefn 



bv virtue of anv exerufion within twelve months from 

xeal property -^ , i , i i i i ^ . l. • ' 

in 12 months svich sale, to redeem such lands or tenementsj by paying 



JUDGMENTS AND EXECUTIONS. 



89 



to the purchaser thereof, his executors, administrators or 
assigns, or to the sheriff 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 ^^^^^ .*®" 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. 12. That if default be made by any such de- 
fendant to rede^'m the lands or tenements which have ci^es not re- 
been so sold, it shall be lawful for any other judgment deem judgr- 
creditorto redeem the same in the manner prescribed in '"^"* creditor 
the precedmg section, within fifteen months after such I^^Yd'^mont'hs 
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 succes- „ 

a- 1 . , J • • i. .. . Property not 

sor in otlice, or his executors or administrators, to com-iedeemed 

plete such sale by executing a deed to the purchaser; and ^'herifito give 
if any creditor shall redeem such lands or tenements as ^ ^^^^ 
aforesaid, it shall be the duty of the sheriff, or other offi- 
cer, on ihe expiration of fifteen months from the time of 
such sale, to execute a deed to such creditor as the ori- 
ginal purchaser; and such deeds shall be as valid ai^d 
effectual in law, as if such creditor had been the original 
purchaser. 

Sec. 14. That when a sheriff or other officer shall 
execute a deed for lands or tenements, which he i^jay ^^^"^'^ ^^^^ 
have sold by virtue of any execution, it shall be his duty knowled'-ed 
to acknowledge the same before the clerk of the court before the 
wiience 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 
ackiiowledijment shall be deemed prima facie evidence 
of the execution thereof. 

Sec 15. That when any sheriff or other officer shall 
go put of office, not having made a deed for any laiids or Sheriff ^oing 
tenements, which he may have sold, bv virtue of an\ ^"^ ^'*^ ^®^"^ 
execution, it shall be lawlul for him, his su'^cessors in to make deed 
otBce, or if he be dead, for his successor, his executor 
or administrator, to make and acknowledge a d(^ed for 
the same: and in no case shall the death of a sheriff take 

K 



00 



JUDGMENTS AND EXECUTIONS* 



^en day'a no 
tice to be giv 



perty 



Penalty for 
defacing no 
tice 



Deputy sherifi away OF suspend the powers of the deputy sheriff of 
same powers ^^^^^ sheriff; hut such deputy may do all acts aud ihings 
which he could have done 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 
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 mo?t 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 anj? 
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 . 

eivi'nc^'^b'ond ^"J j"sti^G of the peace, rendered in a civil suit or action 

t ' ° 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 

he lawful for such sheriff, constable or otiier officer, to 

take a bond from the defendant with security, that such 

property shall be forthcoming, or delivered, at siich time 

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

s(ime 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 b} mortgage, on lands and ten- 
ements, duly executed and recorded, and if the payment 
be by instaimeats, 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 anv 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 
jud;]jment should not be rendered for such sum of money 
as may be due by virtue of said mortgage: and upoa 
the appearance of the party, named as a defendant, ia 
said writ of scire facias, the court m- y proceed to judg- 
jpnent, as in other cases: but if said scire facias be return- ■ 
e^ nihil, or that the defendant is npt found, an alias 



jylort^aeee 

^ay =ue for 
^cire facias 



JUDGMENTS AND EXECUTIONS. 9ll 

scire facias may be issued; and it it be returned as !<* scire facias 

aforesaid, or if the defendant appear and plead, or '^®. '^^^"I'"^^ 
, , /. ,, ,, ^^ , j_ . • I nihil, alias 

ma:ke deiauit, the court may proceed tu give judgment may issue 

wi;ii 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 mojtgaged 
premises be sold to satisfy such judgment, and may 
award or direct a special writ of fieri facias^ for that iVTortscaged 
purpose, to the county or counties in which said mort- P''*^P1'",''^ ""^^ 
gaged premises may be situate^ and on which the like 
proceedings may he had, ms in other cases of execution 
levied upon real estate: Proi^zWe^y however, that thejudg- 

me it aforesaid shall create no lien on any other lands or „ 

II 1 • I II Proviso 

ten ments than the mortgaged premises, nor shall any 

other real or perso!ial property of the mortgagor be 
liable to satisfy the same: but nothing herein contained 
shall be so construed as to effect any collateral security, 
given by the mortgai>or, for the payment of the same 
sumof money, or an} part thereof, secured by the mort- 
gage deed. 

Sec. 19. That every person, being the head of a 
family and living vvith it, sh ill be permitted to retain 
and enjoy, exempt from ex.cunon, one milch cow and 
calf, the wearing apparel ofhimseh and family, necessa- Certain prop- 
rj' bed and bedding, one spi ning wheel and pair of ^"^^^ *:^'^,'['P*^ 
cards, provisions not more than sufficient lor the support 
oi' the family three months, and the necessary utensils for 
CO 'iiing, and necessary household furniture, not exceeding 
in value fifteen dollars: and if any sheriff or other officer 
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 wearing 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 state 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 hen after be made for 
the payment of or in notes of the rtate 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- 



92 



JUDG3IENTS AND EXECUTIONS. 



after be made or executed to the president and directors 
of the state bank o( Illinois, and evid<'ntly for 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, obligation, moitgage, or other serurit\, 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 discbarge the same judg- 
favonr of the jjjgj^^^ QP jjpjy execution which ma) 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 ^he addition of interest and costs in like manner paya- 
in bills of that ble. And when judgment shall hereafter be rendered 
institution 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 t!ie rec- 
ord, by wayof 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 executiort,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 
etayexecution certificate at the time of, or after the service of the no^ 
tice of the motion, shall thenceforth stay all further pro- 
ceedings accordingly. 

Sec. 24. lliat 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, 

repealed 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. 

An act to amend an act entitled an act to PROVPDE for the in FORCEs 

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 Assembly^ 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 "V^3^ ^^ •°'"™" 
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 of 
tions for justices of the peace and constables shall be justices and 
held therein, in the same manner as is prescribed in the ^°"^^- f' 
act ;o which this is a supplement; and the justices and vice 
constables elected in said districts, shall continue in 
oOice ujitil the next quadrennial election of justices of 
the peace and constables, and until their successors shall 
be eb^cted and qualified. 

Sec. 3. When a vacancy sball happen in any district Vacancies 
created in pursuance of this act, the same shall be tilled 
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 in 
re^ulrir term, shall have power to alter the limits of the '^'^^^"^ts 
several districts in their respective counties, as tlie 
convenience of the county may require: /'^oriV/f^c^, With the con- 
no such alteration shall be made, without petition from sent 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- to continue in 
stabk-s in office, at the time of such alteration, from "^*^^ 
serving out the time for which they may have been 
elected. 

Sec. 6. When any justice of the peace shall resign Justices, kt. 
his office, or remove from the county or district in which resignina, to 
he was elected, it shall be his duty to d liver over his pg'g'^'^'^^'"^'^' 
docket arid papers, relating to the business t a ssactf d be- 
fore him,-to the nearest just ire of the peace of his county, 
and to return to the office of tiie clerk of Vae county com- 
missioners'* court, all copies of the statutes which he may 
have received from that office; and in rase of the drath 
of any justice of the peace, it shall be the duty of the 



94 



JUSTICES OF THE PEACE AND CONSTABLES, 



Penalty 

Additional 
justices &;c 
at county seat 



Vacancies in 
thv office of 
consiabie to 
befille. by 
CO. com'is. 



person having possession of said docket, papers and 
statutes, to deliver them over as aforesaid. And any 
person who shall refuse or neglect to comply with the 
requisition of '.his 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 lor the county commis- 
sioners' court of any county of this state, when tney 
may deem it necessary, to cause an election to be held 
of one additional ju:^tice 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 ma} pe- 
tition the county commissioners' court for thai purpose. 

Approved^ January 13, 1829. 



In force, an act to amend " an act concerning justices of the peace 

JUNE I, 1829, and constables," approved, FEBRUARY 13, V^21. 

Bail before ^^^' ^' ^^ '^ enacted by the people of the state of Illi- 

J. F in suits nois^ represented in the General Assembly^ that when any 

of trespass & 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, 

var\ing 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 chatties, or body of the defendant, at the 

trover election of the plaintiff. And in cases of judgment for 

Oath to pro- debt, wheriever the plaintiff, or his authorized agent, 

cure a CO. «a. shall make oath before the justice, in whose office such 



rlrSTlCES OF THE PEACE AND CONSATBLES 95 

judgment may be, that he or she verily believes the de- 
leiid^ut or detendaiits, to be able to pay s^uch judgment, 
and withholds the mone}, or secretes his, her or their 
property from the otlicer, so that the debt cannot be 
levied, it shall be lawdil for the plaintiff to demand, and 
for the justi<'e to issue, execution against the body of 
such defendant or detendants. And that in all cases Liability of 
where a defendant shall give special bail under the pro- bail 
visions of this act, or tlie act to which this is an amend- 
ment, and shall not be surrendered on or before the re- 
turn day of the scire facias upon the judgment, nor a 
sufficiency of property be fouijd to pay tiie judgment 

and costs within the time aforesaid, it shall be the dutv r> ^• 

... , 1. • *' rrocepdings 

ol the justice oi tlie peace, upon the application of the against spe- 

piai tiff, (.r his agent, to issue a summons againt the ^=^"1 bail 
spec al hail, in the following form, as nearly as may be. Form of sum- 
to <\it: "State of Hinois, county. The people mons 

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

to appear before me, at on the '■ 

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

have, wliy 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 t.-ie said and hereof make due leiurn, as the 

1 1 V di'-ects. Given under my hand and seal, ttiis 

day of 1 8 

John Doe, J. P. [Sea/]" 
In which summons, the justice shall specify a certain t;^. f f h ii 
day, plfice and hour, for the trial, not less than ten, nor contain 
mor I than fifteen days from the date thereof, at which Hom- <=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 tlierein, by reading the same to the de- 
fendant or defendants. 

Sec. 2. If the defendant or defendants, shall not ap- Judgment bj 
pear at the time of trial, after being served with a sum-^^f^ult 
mons, as directed in the first section of this act, and j;o 
sufficient reason be assigned to the justice, why he or 
she does not appear, then the justice shall render a judg- 
ment against the defendant or defendants, and issue exe- Andexecu- 
cution thereon immediatelv. tion 

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 



96 



JUSTICES OF THE PEACE AND CONSTABLES* 



What shall 
reiHjise the 
bail 



Appeal 

'Evidence by 
the oath of 
parties 



of his undertaking, or to show that he hath compUed 
with the Scime; and if it shall appear that the detendant 
was prevented from surrendering the hody oi" the origi- 
nal defendant, hy the act ot the plaintiff, or that the ^aid 
original defendant had departed thi? life previous to the 
time required for makiiig guch surrender, or that Ids 
health was such, as to endanger his life b) such surren- 
der, or that he liad delivered the body in execuiion, 
according to the condition of tiie recogniznnce, then the 
bail shall be released, and discharged Irom 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 of this act. 

Sec. 5. In all trials before jusli<es of the peace, 
when either party may not have a witness or other legal 
testimory, to establish bis or her demand, di^count or 
set ofTl the party claiming such demand, discount or set 
off, may be permitted to prove the same, by the tes- 
tiuiony 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 tesiify, then the party claimir,-^ the same, 
shall be permitted to prove his or her demand, discount 
or set off, by his or her own oath: Provider/^ that such 
party c aiming the benefit of his own oath, or that of 
the adverse party, ^hail 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 }'0 person shall be allowed to 
prove his demand, discount or set off, unless the adverse 
party be present, or sh.ill have been notified theref)/^ 
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 
CircuitCourt in trials before justices of the peace, 
on appeal gg^. 7. That where tlie defendant, upon whom any 

Payment or summons or warrant, issuing fjom a justice of the peace, 
teiidpr to t^ e Shall be served, shall pay, or t-nder to the constable, the 

constable re- amount actually due, with all costs then accrued, and 
leases from „i n ^u ^ • i j i • ^u 

snail prove the same upon trial, and bring the money 

forward, and deposit it with tlie 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 
the justice before whom such action may be brought, a 



Evidence 
shall be the 
same in the 



costs. 



shall give 
boud for costs 



JUSTICES OF THE PEACE AND CONSTABLES. 97 

bond, with suffickv;t securily, for the payment of all 
CO th which niaj be awarded against the plaii tiff, si^ould 
he idil in his suit; which : ond shall bt in the following 
fornn, as near as may be, inserting the names of the par- 
ties, the county and state: 

'^ State of Illinois, ) A. B. ) 

V vs. \ Demand $ Form thereof 

County of— ) C. D. ^ 

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

accrue in the ahove case, this day of 

18 /' Which bond shall be signed hy the security, j^jabiiity of 

and if the said plaii.tiff shall be cast in his suit, discon- security 
tinue or make default, and shall not, within ten days 
thereafter, pay to the 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 isuit shall be 
be commenced by a non-resident, as aforesaid, without "x^Tl^^*". 
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 peace, 
either party may have the case continued any reasona- Continuance 
ble time, not exceeding one month, for the purpose of 
taking the deposition o( 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 sam.e, or secrete 
himself; then the ofilcer shall serve the same, by leaving 
a cop} at his place of residence, with some white per- gpe^ial re- 
son, of the age often years or upwards; and in all such turns 
cases, the constable shall mak: a special return, when, 
and how^ served, and the circumstances attending the 



98 



LAND. 



same; and if the justice shall be satisfied that the de- 
fe dant evaded the service hy readi -g, at.d that the 
partj is sufficiently notified and sunimoned, he shall 
proce; d to hear arid determine the case. 
Jurisdiction Sec. 12. Justices of the peace shall have original 
in case of exclusive jurisdiction, in all cases of assault, and assault 
battery &c ^ ^ balterj, and affrays, wherein the people are plain- 
tifT, subject to an appeal to the C'ircuit Court, a< pro- 
Appeals in vided by law. In all appeals to the Circuit Court, from 
such cases the judgmeiit of justices of the peace, in cases of as- 
sault, a-^sault and battery or aflfrays, the Circuit Court 
shall proceed to hear and determine the cause, and if 
the defendant phads not guilty, the trial shall he by 
Judgment jury, and said court shall give such judgment, and as- 
anfi fine g^g^ g^^,^ f^j^g^ rjg gj^aH bg deemed just. 

Prasecutnr Sec. 13. In all criminal prosecutions before a jus- 

liable for costs tice of the peace, where the party accused shall be found 
not guihy, 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 issue exe- 
cution thereon. 
Laws repeal- 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 January, 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, January 23, 1825.] 



•rzCF^ 



LAND. 

AN ACT CONCER>'TNG OCCUPYING CLAIMANTS OF LAND. 
IN FORCE. 

FEB. !i>3, 1819. gp(,^ 1^ £^ ^i enacted hy the people of the state o* Illi- 
noifi^ represented in the General Jissemhly^ and it is her' by 
enacted hy the authority of tht same, That all and evf^ry 
person^who may hereafter be evicted from any land for 



LAND. 

which he can show a plain and connected title in law 
ore(|U(ty, deduced from tlie record of some public office, 
without actual notice of an adverse title in like manner 
derived from record, shall be exempt and free from all 
and every species of action, writ or prosecution for, or 
on account of any rents or profits, or damages, w.'iich 
shall have been done, accrued or incurred at any time 
prior to receipt of actual notice of the adverse d.^m, 
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 fit persons, any five of whom 
shall have power, and it shall be their duty to go on the 
premises, and after viewing the same, on oath orafiirm- 
ati.>n, 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 improvements, which assess- 
ment, signed and sealed b}^ tlie persons making the same, 
shall be by them lodged with the clerk of the court 
wherein they werf^ nominated, before the next ensuing 
term, or as soon thereafter as may be convenient; and 
at ff'e next court, alter 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 t' e person 
evicted, unless the successful claimant shall give bond 
and security to be judged of by the court, to the person 
ev c^ed, and to be taken at the time of enteritig up such 
judyfment, 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 liave 
the force of a judgment, and at the expiration of twelve 
months aforesaid, an execution shall be issued upon the 
same by the clerk of the court in which it wa« taken, at 
the request of the party entitled thereto, on oath being 
made that the same is yet due, should 'he balance be in 
favour of the successful claimant, judgment in like man- 
ner shall be entered up in his favour, against the other 



99 



100 LAND. 

party, for the amount of the samej upon which executioH 
may be issued as aforesaid, unless bond and security be 
given to such claimant, which 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 
dii^tinguish between such improvements, as were made 
on the land prior to notice, and those which were made 
after notice; and when making an assessment, they shall 
also take into consideration, all such necessary and last- 
ing improvements as shall have been made on the lands, 
after the receipt of such notice as aforesaid, and shall 
ascertain the amount of the value thereof, and they 
shall also take into consideration and ascertain the 
amount of th(j 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 after taking the 
amount of one from the other, the balance 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 i|otice aforesaid, as the nature of the case 
shall require. 

Sec. 4. That the commissioners shall also estimate 
the valu£ of the lands in dispute, exclusive of any im- 
provements that shall have been made thereon, and 
make report of the amount of such valuation to the court, 
and if the value of the improvements 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 be entered up in his fa- 
vour against the occupying claimant, for such estimated 
value, upon which an execution may is>ue, 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 coaveying as aforesaid, with interest from the d'te, 
w^hich bond shall have the force of a judgment, a.d if 
not paid at tlie expiration of the year, an executior wrj 
issue, in tfie manner before directed by this act: Provi-rd, 
that the proprietor of the better title shall, in ever . si ch 
case, at the time of entering up judgment in his fn r ur, 
give bond and security to be approved of by the court* 



to the occupying claimant, to refund the amount of such 
judgment, iw case the land so transferred or conveyed, 
shall ever thereafter 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; arid siiall 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. 

Stic. 6. That the said commissioners in making 
every estimate of value by virtue of this act, shall stale 
separately the result of each, and the court shall have 
power to make such allowance 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 atfect 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 w^ithin the meaning of this act, shall have 
been given by bringing a suit, either in law or equity 
for the same, by the one or other of the parties, and may 
hereafter be giverr by bringing a suit as aforesaid, or by 
deliverittg an attested copy of the entry, survey or 
patent, from which he derives his 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: 
Frovh'Jpd hou;eviT^ that notice given by the delivery of an 
attested copy as aforesaid, shall be void, uidess suit 
is brought within one year thereafier; Provided, that in 
no fa.-^e shall the proprietor of the better tiijf- he oblig» 
ed to pay to the occupying ^ laimant for iinprovements 



lOi 



102 



LAWS. 



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

Sec. 9. Tljat notice to any occupying claimant shall 
bind all those claiming from, by or thro'.igh such occupy- 
ing claimant tolhc 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 tlie party to give bond and security in 
such manner as ^uch court may think right. 

This act shall be in force from and alter the passage 
diereof. 

l^ipproved, February 23, 1819,] 



liAWS. 

In force, AiV act declari>g what laws are I^^ force in this state. 
2'^EB.4,1819. 

Sec. 1. Be it enacted by the people of the state of 
lllinms 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. excepting 
the second section of the >^ixth chapter of XLlll. Eliza- 
beth; the eighth chapter Xni. Elizabeth, and ninth chap- 
ter XXXV'II. jHenry Vlll; and which are of a general 
nature and not local to that Kingdom, shall be the rule 
of decision, and shall be considered as of full force., 
until repealed by legislative authority. 

[Approved^ February 4, 1819.] 



In forge, an act concerning the revival or statutes. 

TAN. 19,1026. 

Sec. 1. Be it enacted by the people of the date of 
Illinois represented in the General Assembly* That iri c\\{ 
cases hereafter, where any laws or parts of laws, acts or 
parts of acts, now in force, or which may be herpafter 
enacted, or in force in this state, shfdl be repealed by 
any subsequent act or acts of the General Assembly, of 



LAWS. ^^^ 

this state, aiid such subsequent or repealing act or acisi 
shall be afterwards repealed by any other act or acts of 
the said General Assen/biy, the said first mentioned laws 
or part"* 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 all mtents and purposes, 
and shall never after be considered as revived, utdesS 
there be express words to that effect, in such latter or 
repealing act or acts as aforesaid, any law, custom or 
»5sage to the contrary notwithstanding. 

This act to take effect from and after its passage. 

\Appro'ved^ January \^^ 1826.] 



-=^0^ 



AN ACT AUTHORIZI>'G THE GOVERNOR OF THIS STATE TO TRANS- 
MIT THE ACTS OF THE GENERAL ASSEMBLY OF THIS STATE TO ^^ FORCE, 
THE EXECUTIVES OF THE SEVERAL STATES AND TERRITORIES, *'^^' IjloX^. 
IN THE UNITED STATES, AND TO THE DEPARTMENT OF STATE 
OF THE UNITED STATES. 

Sec. 1. Be it enacted hy the people of the state of 
Illinois represented in the General Jlsscmbli/, That it shall mJt^acts oTthe 
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 thist>^J 
state, after each and every session thereof, shall have 
been published, to transniit, irec of postage, to the ex- Free of post. 
ecutive of each state and territory of the United States, «ge 
and to the secretary of state of the United States, three 
copies of the acts of the General Assembly of Illinois, at 
such session, and request a like interchange by the seve- t^jg^^j-'l^^'-^J^j,, 
ral states: Provided, that where such request has here- change from 
tofore been made, it shall not be the duty of the sovernor ^^^ °^^^^ 
again to make it. -laies 

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 sliall require. 

Sec. 3. The act entitled " An act authorizing the go- Act repealed 
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 I, 181 9.] 



104 £.AWS. 

AN ACT REGULATING THE PUBMCATION AND OISTRIBUTION OK 
IN FORCE 
JAW. 14 1829. '^^^ LAWS AND JOURNALS OF THE GENERAL ASSEMBLY. 

Sec. 1. Be it enacted hij the people of the state of Illi- 
nois^ represented in the General Assembly^ That there shall 
be published at the close of each session of the Geueral 
Assembly, an edition of two thousand copies of all the act'^ 
laws t^(5^be^ ° of a public and permanent nature, passed at such session, 
publ'shed arranged under tlieir proper headsjn alphabetical order, 
according to their subject matter. Prefixed to each 
Arrangement volume there shall be a table of contents; and at the 
o matter ^^^ ^^ ^j^^ same, there shall be a full and complete 
Index . J * 

index. 

Sec. 2. Each edition of the laws, required by the 
Marginal preceding section to be published, shall be comprised in 
Dotes, &c. one octavo volume, with marginal notes, and the day on 
winch each act takes elFect, shall be stated 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 
mintinc^^ person appointed by him for that purpose, for whose su- 
Or appoint perintendance he shall be responsible, and he shall cause 
some person all typographical errors to be corrected as far as he may 

discover the same. 
250 copies to Sec 4. The secretary ofstate,bn the completion of the 
be reserved printing and binding of the acts of the present and any fu- 
ture General Assembly of this state, shall reseiTe 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 1^0 be delivered to the governor, lieutenant governor, au- 
di^ribu'Jed^'^ ditorofpublicaccounts^state treasurer, cashierof the state 
bank, each of the justices of the 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 dififerent civil offi- 
officers ^^^g of the county, ard members of the General Assem- 

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



LAWS. 1^^ 

county treasurer, sheriff, justice of the peace, county 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- 
cou'ity 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- 
ceipfs shall be tiled in the secretary's ofhce by the person 
by whom 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 "^^ J" ^^^ 
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 oll^icers. 

Sec. 7. Upon the expiration of the term of service, re- Conies, when 
signation, or removal from office, of any county officer, it *^ ^^ returned 
shall be his duty to return to the clerk of the county com- 
missioners' court of his county, for the use of his succes- 
sor in office, the copy, or copies, of the laws of this state, 
received by bim.iii pursuance of this act: and in case of 
the death ofany such officer, the said fopy or copies of 
the laws shall be returned, as aforesaid, by his executors 
or administrators. If any such officer, his executors or 
administrator*, 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 oi the county^ the sum of four dollars for each copy not returninir 
so detained, with costs of suit. No person, however, 
w'lile he continues to hold any office, which entitles its 
incumbent to a copy of t!ie laws, shall be required to re- 
turn his copy of the same, as a oresaid. 

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^"'''^"'"'"^ 

A.u^ ^- . J j-i r'ji 11- r of public mO' 

the r"',-f,ipts and expenditures ot the public monevs, for j,g ^obepub- 
tht^ t^vo year'* preceding the session of the General As- lished with 
semhly at which w^ere passed the laws comprised in such ^^^^ laws 
copy. The volume herenv required to be published. 

J.* 



^^" MECHANICS. 

shall also contain the title of every act, of a private or 
temp rai> nature, passed at such session. 

Se'^ n On the fuKilment of any contract for printi'gy 
Expenses of binding, folding, stitching or distributing, the law? of this 
a"' "i^ir.bu- ^^'^^^f ^^^ secretary of state shall certiiy the fnct to the 
tioii, how auditor of public accounts, who shall issue his warrant on 
paid the treasurer, for the sum due such person, for such print- 

ing, binding, foldir)g, stitching, or distributing. 
Journals 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 tliereof, for the printing, 
folding, and stitching of which, the said General Assem- 
bly shall contract; and they shall be distributed among 
the several counties, according to the number of white 
inhabitants, reserving in the office of the secretary of 
state, fifty copies. This act to be in force after its pass- 
age, 

[Approved^ Januari/ 14, 1829.] 



^aO^ 



i.N FORCE, .MECHANICS. 

JAK. 13, 1825. 

AN ACT FOR THE BENEFIT OF MECHANICS, &C. 

Persons fur- Sec 1. Be it enacted hy the people of the stale of 
oi'mafel^a^s' ^^'^^'"»^'^^5 represented in the General Assembly, That in all 
&c. to hold a cases hereafter, when any contract shall be made bc- 
lien on the tween the proprietor or proprietors of any tract of land 
jfjroperty ^^ town lot, on the one part, and any person or persons 
on the other part, for tlie erecting or repairing any house, 
or other building, mill, or machinery, of any de^criplion 
-whatever, or their appurtenances; or for furnishing la- 
bour or materials for the purpose aforesaid; and every 
other person wiio may have furnished materials, which 
shall have been used in the construction of such house, 
building, or mill,whet}ierby 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 
Proviso land, on which the same shall stand or be erected: Pro- 



MILITIA. 1 07 

vided, That no such lien shall continue in force for more 
than three nnonttis from the time wiien pavm:.'nt should 
have heen made, by virtue of an^ such contract, by which 
such lien shall be claimed, unless within that time a suit 
shall have been commenced for the purpose of enforcing 
such contract. 

[Jlpproved^ January 13, 1825.J 



MILITIA. 

AN ACT TO AMEND AN ACT, EATfTLED AN ACT FOR THE OK- 

IN FORCE 
GANIZATION AND GOVERNMENT OF THE MILITIA JAN. 29 IB29 

OF THIS STATE. 

Sec. 1. Be it enacted hy the people of the state of Illi- 
nois^ represented in the General Assembly. That there shall '^^"'^''^'" o^ 
be one regimental and one company muster, and one re- 
gimental drill muster of officers, in each year: the com- 
pany muster shall be held on the first Saturday in Sep- 
tember, unless chanpjed to some other day by order of the . , .. 

J . /. ~ . jj 1 xi. 1- • 1-1 And time of 

commandants oi regiments, or odd battalions, in which holding them 

case sixty days notice of such change shall be given to 
the commandants of each company. Regimental drill 
musters shall be held on the Friday and Saturday next Brigade in- 
preceding the regimental musters. Hereafter, no bri-^^^^!^'."^' 
gade inspectoV shall be required to attend regimental tend^*^^ 
or drill musters. 

Sec. 2. For the purpose of review or inspection, the Brig. General 
brigadier ger^eral may change the time fixed by law for may ohmge 
regimental musters, by giving to the several command- ""^^Siui^wtal 
ants of regiments, or odd battalions, under their com-™"^^"^^ 
mand, a notice to that effect, on or before the first day of 

March, in each year. _, 

CI o ^ J i- r • • Command- 

bEC. 3. Commandants ol 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 muster, or ^''^"^!*f ^'^^ 
r . 1 ■ 1-1 ' won atten- 

for not being 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 ^"^s 
regimental muster, nor more than fifty cents for faihhg 
to attend any company muster. 

Sec. 5. No person conscientiously opposed to doing mi- Persons cor- 
iitary duty, by reason ofhis religious opinions, shall be com- ^^'^"^T^^'y 



108 MONEY. 

pelled so to do in times of peace: Provided, such person 
shall work two days, in each year, on the public roads, in 
the district in which such person or persons nnay reside, in 
addition to the road labour now required of tliem, under 
the regulations prescribed in the second section of *' An 
act for the reliefof persons having; conscientious scruples 
against bearing arms," or pay into the county treasury 
S( venty-five cents. The first section of the act, entitled 
** An act for the relief of persons having conscientious 
scruples against bearing arms," approved February 6, 
1827. i' hereby repealed. 
Laws repeal- Sec. 6. So much of the act, to wliich this is an amend- 
^^^ mcnt, as requires battaliion musters to be held ; so much 

of said act as fixes 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 holding of the same; be, and the same 
are hereby repealed. This act to be in force from and 
alter its passage. 

[.Approved, January 19, 1829.] 



—^^JQ^ 



MONEY. 



1819. 



i i^' force ^^ ^c'^ regulating the interest of money. 

March 2, 

Sec, 1. Be it enacted hy the people of the stale of 
Illinois represented in the General Assembly, That creditors 
(except as hereinafter excepted,) shall be allowed to 
receive at the rate of six per centum per annum, for all 
moneys after they become due on any bond, bill, prom- 
issory note or otiier instrument of writir.g, on any judg- 
ment recovered before any court or magistrate author- 
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 the settlemerit of accounts 
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 owr»cr'*s 
knowledge, and on money withheld by an unreasonable 
and vexatious delay of payment: Provided alzcays, tiiat 



v« 



NEGROES, <SiC. 

Dolhing in this act contained, shall be so construed as t6 
limit the rate of interest Cor the payn^ient of which an 
express contract hath been nnade: And provided a/so^ that 
no bankormonied institution, shall tiave the right to de- 
nnand or receive a greater or higher rate of interest than 
six per centum per annum; and all and every species of 
cof'tract made by any bank or monied institution, by 
whicua greater or higher rate of interest shall be stipu- 
lated to 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 17; 
an act respecting free negroes and mulattoes, servants 18-29. 

and slaves. 

Negroes and 
Sec. 1. Be it enacted by the people of the state of ////. mulattoes 
nois, represented m the General Jlcsembly^ That from and residence 
after the passage of this act no black or mulatto person, 
not being a citizen of some one of the United States, 
shall be permitted 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 of his 
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 rphgy gj^j^lj 
of other states. And until such person shall have given give bond 
bond, with suiiicient security, to tiie 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 charge 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 aijy condi- 
tion thereof be broken, the whole penalty shall become 
forfeited, and the clerk, on being ijiformed tliereof, shall persons har- 
cause the said bond to be prosecuted to effect. If any boring nej^roes 
person shall harbor such negro, or mulatto as aforesaid, &c 
not having such certificate, and given bond, and taken a 
certificate thereof, or shall hire, or in any wise give 



110 



NE<iROES, &C. 



Fined - 
Proviro 



^feerroes npt 
having a cer- 
tificate shall 
be arrested as 
runaways 



Notice there- 
of 



And to be hir- 
ed out 



Sberiflfs certi- 
ficate thereof 

Upon which 
circuit court 
may grant a 
certificate of 
freedom 

If the owner 
shall appear 

Costs to be 
paid 



sustenance to Fucb negro, or mulatto, not liaving such 
cerlifirate of freedom, aiid of having given bottd, shall 
be fined 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; /"rorzV/e^/, this sec- 
tion sliall not affect any negro^ or mulatto who shall be a 
resident of this state at the time of the passage of this 
act. 

S«c. 2. Every black or mul.itto 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, and 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 duly of such justice to cause such 
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^ stating a 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 sheriff 
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, ujiless they shall he lawfully 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 pay to the sheriff, 
for the justice, two dollars, and reasonable costs for 
takiMg: such runaway to the sheriff, and also pay the 
sheritr all fees for keepiiig such runaway, as other pris- 
oners: Provide'/^ however, that the proper owner, if any 
there be, shall be entitled to the hire of ajiy such runa- 
way, from the sheriff, after deducting the expenses of 
the same: and provided also, that the taker up shall have 



NFGROES, &C. lAl 

a right to claim apy reward whirh the owner shnll have ^^"^'' ^"*^" 
oifered for the ?ip|)reheiii.loo of si^h ranaway: sr.ould hire 
any taker up claim any such otTctcJ n w.jrd, he shall 
not be entitled to the allowance m-^de h\ this act. Takor up 

Sec. 3. No person of colour, negro or muhitto, of ^ai-d 
either sex, shall he joined in m irriage with any white Marnacie of 
person, male or female in this state, and all marri.'jgesor ^'^'^^^^ i ^^rsons 
contract?, entered into between such coloured person and " ^^ 
white person, shall be null and void in law; and any 
peroon so offending, shall be liable to pay a fine^ whipped 
in not exceeding thirty nine lashes, and be imprisoned 
not less than one year; and every person so offending 
shall be held to answer in no other than a criminal pros-Punisl^ed 
ecuiion by information or indictment: and any clerk 
wiio 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" license (or 
any officer or person authorized to solemnize nriarriagesQ^^j^j^p -^jj^^ 
in this 3tate, shall join any such coloured person, negro ing in mar- 
or mulatto, in mariiage with a white person, such ma- "^o^ 
gistrate, or other person so offending, as aloresaid, 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« Jf ^uy negro or mulatto, heing the property 
of a citizen of the United States, residing without this Negroes hir- 
state, shall hereafter come into this state for the purpose J"n ^" ^^^^ 
of hiring himself, or herself, to labor in this state, and f^f^hdr7re0? 
shall afterwards institute, or procure to be instituted any dona 
suit or proceedings, for the purpose of procuring his or 
her freedom, it shall he the duty of the court before 
which>such suit or proceedirig shall be instituted ar.d 
pending, upon being satisfied tiiat such negro, or mulat- May be arres- 
to, had come into this state for the purpose aforesaid, to ^^^ ^'-^ ^^^^ 
dismiss such suit, or proceeding, and cause the same toj^j.^*^ ^^^ *""'°^ 
be certilied to the sheriff of the county, who shall imme- 
diately fake 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 owne? of such slave 
of the commitment aforesaid, and that sai.l owner make 
immediate application for said slave: and it shall be the 
dut) of the sheriff, on such application being made, 
aftei- all reasonable costs and charges being paid, to de- 
liver to said owner such negro or mulatto slave. 

[Approved^ January 17, 1829.] 



112 



NOTARIES PUBLIC. 

IN FORCE 

JUWtl. (fi29. -A^** -*^"I' ^OR '^"^ APPOINTME?(T OF NOTARIES I'UBLIC. 

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

Notaries v^i^- Illinois^ represented in the General Assembly^ That the go- 

lir tobeap- v^rfiorof the stale, by and with the advice and consent 
poll) led 1 11 • 1 • . 

or the senate, shall appoint and commission one notary 

TerTi of ser- public in each county \\\ this state, except in those coun- 

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

his office durii;g i^ood behaviour. 

Their duty gp^^ 2^ jt ^\y^^\\ be the duty of each and every notary 

, . pubHc in this state, whenever any bill of exchange, pro- 

In relation to ^ ■ , ,, u^ • 4 * i ii i j u- 

note? &c missory note, or Other written instrument, Siiall be by him 

To trive no- Protested for non-acceptance, or non-payment, to give 
tice of protest notice in writing 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 eiidor- 
ser of any promissory note, or other written instrumentj 
on the same day the said protest is made, or within forty- 
eight hours from the time of such protest. 

To keen a ^^^* ^* ^^ ^^^'^^^ ^^ ^'^^ duty of each and every notary 

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

the time and manner in which the same sliall have been 

served, and of the i ames of all the parlies to whom the 

same were directed, and the description and amount of the 

Which shall instrument protested ; which record shall, at all times, be 

be evidence competent evidence to prove such notice, in any trial, 

before any court of this state, w4iere proof of such notice 

_, ^ may become requisite. 

tice pe^rsonal- '^Ec. 4. It sb.all be the duty of each and every notary 
Jy public personally to serve the notice upon the person or 

On persons persons protested against, provided he or thev reside in 

Jivnio; wiLhin ji , ' • i . i. j ' -ii • 

one mile ^'^<^ town w here such protest was made, or wntUin one 
And to for- mile thereof; but if such person or persons reside more 
ward t'jo- i\-\^x\ 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 sh.iU 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 
five hundred dollars conditioned for the due and faitii(ul 
How sued up- performance of tlie duties of his office, which bond shall 
°" be tiled in the office of ti.e secretary of state, and if for- 

feited, suit may be instituted thereon, for the use of the 
party irjured by such forfeiture. 
Notarieshpfc- Sec. 6. Nothins: h, rei'" c(»ntained shall be so constru- 
after appoint- g^ as lo remove from office any notary public now in of- 



POOK. *^'^ 

ike in this state. The act, entitled '* An aet lor the ap- 
pointment of notaries public," approved, February 22, 
1819; and the act, entitled " An act to annend an act for 
the appointment of notaries public," approved, Febru- Acts repealed 
ary 10, '823, be, and the same are hereby repealed. 
7'his act to be in force, from and after the first day of 
June next. 

[Approved. December 30, 1828.] 



-— ^Q^=^ 



POOR. 

A> ACT TO AMEND AN ACT ENTITT.ED "AN ACT FOR THii, jj^t joRCE 

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

Sec. 1. Be it enacted by the people of the State of Illi- p^o^. persons 

nois^ represented in the General Assembly^ That when any other than 

non-resident, or any other person not coming within the P^up^'j^? ^^'1° 

definition of a pauper, shall fall sick or die in any county ho^wtobe pro= 

in this state, not having money or other prqperty to pay vided for 

iiis 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 

baid sick person shall die, then said overseers of the poor persons dying 

shall pive or order to be civen to such person a decent ^^^'^*t^'^^ ® 

^ . *^ ' poor to pro- 

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^"sesin- 

which allowance shall belaid before the county commis-^JJ^'j.^l ^J ^^ 

sioners' court to examine and allow all or any part of said such p'oorper- 

accounts as they shall deem just, and order the same to ^^"^ ^ow de« 

be paid out of the county trf^asury. rayed 

[Approved^ February 6, 1821.j 

M 



114 



1*UBLIC OmCERS^ 



IN FORCE, 

JAN. 19, 1829. 



Officers in- 
debted to the 
state, not to 
be paid 



Provided 
there be a 
judgment a- 
?ainst them 



Defaulters to 
be reported 
by the ea shier 
to the auditor 



I'roviso 



Further pro- 

tiso 



AJN ACT Concerning public officers, and paymkkt 
OF money out or the st^te treasury. 

Sec. 1. Be it enacted by the People of the Stale of 
Illinois tepresented in the General Assembly^ That no mo- 
ney shall hereafter be paid out of the public treasury, to 
any officer of tliis 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, 
or any of its branches, which indebtedness shall have 
been previously ascertained by the judgment of a court 
of justice, until such officer 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 
or before the first day of March next, and every year 
thereafter, a list of all such officers, who are defaulters 
to the said bank, or any of its branches; and it shall be 
the duty of the auditor and 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 
paid his debt, or debts, as aforesaid: Provided^ that this 
act shall not be const^'ued to extend to those persons who 
have paid their regular instalments to the state bank, or 
either of its branches; Provided^ a/so^ that no person shjtll 
be affected by this act, by reason of a li ibih^y to the state 
bank, or either of its branches, excepting where there is 
a judgment obtained against them, and the same remains 
unsatisfied. This aci to be in force, from and after its 
passage. 

[Approved, January 19, 1829.] 



IW l-H)RCl!:, ^p,. j^cT relative TO THE SEVERAL OFFICERS THEREIN NAMED. 



A.N. 22, 1829. 



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



11^ 

PUBLIC OFFICERS. **r 

Before the fn-st day of March next, make and execute AUonieyjen- 
a bond to the governor of the stale, and his succes- ^^^^^^^^^ to 
sors in office, with good and sufficient security to be give a boml 
approved of by the governor, in a sum sufficient to 
cover aii notes to the state bank, or its branches, put 
into his or their hands for collection by the casiiiers 
of the principal bank, or i*s branches; and the gov- 
vernor shall, sliould he deem it necessary, require said 
attorney general, and each of said state's attorneys, from 
time to time, to give boiid with additional security. 
Said bond or bonds, shall be conditioned that said attor- 
ney will well and faithfully collect and pay overall 
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. Eiich of the cashiers of the said bank, Account ot 
shall, from time to time, when required by the governor ^^^J^^J^. J^" j"^'^^^^ 
transmit to him an account of all notes so placed in the ^J^^^^J^^U ^^^ 
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 goveriior shall forbid all 
persons from paying said moneys to such attorney; and 
every payment made to such attorney, af'er such refusal 
or neglect to give bond, and notice thereof as required 
shall be void, and the persons payiug'the same shall be lia- 
ble, and sliall repay such sum or sums, so by them paid to 
such attorsicy to the state bank, or to the state as the 
cise may lie, or (o such officer as the legislature may 
authorize to coliect the same. 

Sec. 3, The office of judge of probate, county sur- Certain o;;^^^ 
veyor, recorder, the office of clerk of the circuit and declared vis- 
county cornmissioners' courts, shall be deemed vacant ^^'^^^yj^""" 
when such officer holding any of said offices, shall leave 
the county wherein he may hold said office, aiid per- 
mane Tilly reside out of the same. 

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

\Approve(/^ January ^'2^ \^^,d.'] 



ri6 



llECORDIIItS AND CONVEl AXCES. 



IjS' FORCE, 

JULY 1, 1829, 

Recorder's 
office estab- • 
Ushed 



Recorder to 
provide books 
and record 
deeds 



The words 
'•grant, biir- 
"iiin & sell" 



Proviso 



Mortgages 



Satisfaction 
thereof 



refusal to en- 
ter 
satisfaction 



AX ACT RELATIKG TO TH£ OFFICE OF RECORDER. 

Sec. 1. Beit enacted hy the people of the state of lllir 
nois, represented in the General Assembly, That there shall 
be an oilice of recorder, in each and every county, which 
shall be called and styled " the recorder's office," and 
shall be kept in sonje coiivenient place at the county 
seat, in the respective counties; and the recorder shall 
duly attc!id to the duties of the same, and at his own 
proper costs and charges shall provide parchment, or 
good large well bound books, of royal or other large 
paper, wherein he shall record, in a fair and legiiilc 
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 grant, bargain^ sell, shall be adjudged an 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 
frow the grantor, except the rents and services that may 
be reserved, as also for quiet <Mijoyment against the 
grantor, his heirs and assigrss, unless limited by expres- 
w^ords contained in such deed: And that the grantee, 
his heirs, executors, administrators, and assigns, mayiii 
any action assign breaches, as if such covenants were 
expressly inserted: P?'oi;zVi'f//, always, that this law shall 
not extend to leases at rack rent, or lea^es not exceed ini^ 
one and twenty years, where the actual possession goes 
with the lea!=e. 

Sec. 3. Every mortgagee of any real or personal 
estate, in this state, having received lull 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 satistaction 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 oftice, and there make acknowledg- 
ment as aforesaid, he or she neglecting or failing so to 



A 



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. Tlie governor, by and with the advice and Recorders 

consent of the Senate, shall appoint a recorder in every ^°.^*^,^^ ^P 

I r I .ti .1 • pointed 

county, DOW, or hereatter lo be created, where there is no 

recorder aheady 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^ . , , 
a: -h a^ ' I i.- To give bond 

successors m otiice, with one or more surticient sureties, 

in a bond for five hundred dollars, conditioned for the 
true and faithful execution of tht 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 offico, aad there safely kept, in order to 
be made use of, for making Sc\tisfaction to the parties that 
shall be damnified or aggrieved, as is or shall be in such 
cases directed by law. 

Sec. 6. And no recorder whatsoever, now, or here- Penalty for 
after to be appointed, as aforesaid, sisall enter upon or "^^^!^^'"^ ^^ 
officiate in his said office, before he hath given such ^ 
security, as aforesaid, upon pain of forfeiting tlie 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 which 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 inio said office; and re^'Or'^edia 
shall also make and keep a complete alphabetical index liidex '" 
to each record book, shewing the page on which e; ci 
instrument is recorded, with the names of the parties ^^^ receipt 
thereto: he shall give a receipt to the person biingmg 
such deed or writing to be recorded, bearing date on 
(he same day as the entry tind containing the abstract 



118 RJEVE.Nt'E. 

Acts repealed aforesaid, ibr which entry and receipt he shall be enti- 
tled 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 clTect on the first day of July next. 

l^pprovec/^ January 8, 1829.] 



REVENUE. 

IN ^°^^^^g AN ACT AUTKORIZIKG THE COMMISSTONERS OF THE SCHOOL AM> 
JAN. 17, Z . SEMINARY FUND TO LOAN THE SAME TO THE STATE. 

S\rbor°row Sec. 1. Be it enacted hy the people of the stole of Illi- 
the school & nois^representedin the General Assembly, That the gover- 
seminaryfund Qor 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, sliall be 
refunded ; and said romm.issioners are hereby authorized 
and required to loan the same, for the use of the state. 
Sec. 2. Tiie money thusborrowed, shall be deposited in 
Money to be the Treasury, to meet the cunent expenses oi the 2;ov- 
thrtrtl'sur" ernment, for the three last quarters of the year 1829, 
and the year 1830. All warrants issued by the auditor 
Warrants to after the last day of march next for payments which 
Le paid there- gi^j^ll 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 specity 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 before the first day of April next. 



REVENUE. 



19 



Sec. 3. All warrants issued previous to the first day ^°^^y^'[,*. 

« » - runts phfiil dg 

of April next, or which shall at any time be issued in pay- ,sguea before 
ment of any deht, due or payable before the said first Ai)ril next 
day of April, w!*ere the debt or demand shall be paya- 
ble in specie, shall be issued for state paper at the rate 
of seventy cer>ts to the dollar. 

Sec. 4. I'nc treasurer shall, after reserving state pa- State paper 
per suflicient to redeem all the warrants now due, (ex- '^^'^'^'^^"/f 
cept tliose belongmg to the school fund) and all that may ,^nto the treas- 
be issued previous to the iirst day of April next, proceed ury 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 each sue- 
ceedingquarter, entering the amount of the same in an 
account-to be opened for that purpose. 

[Approved^ January 17, 1829.] 



-,_jjQ^i 



AN ACT SUPPLEMENTAL TO AN ACT, ENTITLED "AN jjy FORCF 

ACT TO PROVIDE FOR RAISING A REVENUE," JAN. 19, 1829. 

Sec. 1 . Be it enacted by ttie people of the state of Illi- 
nois^ represented in the General Assembly^ Tiiat any resi- ^^'''^""*^ 
dent of this state, owning lands in a county in which he S eKhe?^^*^ 
does not reside, may list such lands, either in the county with the au- 
in which he resides, or in the office of the auditor of '^^^o*" 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 J,, ^nty '"^^ 
shall he listed in the auditor's office, the taxes thereon triiste.J with 
shall be paid into the state treasury. In listing lands the auditor 



the 



lying in another county, the owner shall state particu-T'*^^^*'""*^ 

larly in wliat county each tract is situated: Provid- ^ ^^""^^ 

J j.\ L • 11 I . / ,1 *^3-'^ lu two 

!?f/, tliat m all cases where any part ot the survey, or cou:ities 



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 ^^"^ °" 
listed for taxes, in said county, as resident lands: And'^^.y^'^SI^'^^ 
provided also, that in all cases where partial payments have been 
only shall have been made to the United States for any °*^^^*o ^' ^' 
lands listed for taxation, as aforesaid, the taxes to be paid 
thereon shall be in proportion to the mstalments which 
shall have been paid thereon, as aforesaid. 

Sec. 2. The sheriff shall settle with the county com- 



120 REVENUE. 

^h^^^?^^*?^ °^missioners' court, at the March term of ^^aid court, in each 
made ' ^ * ''^^'^ every year, v, hich settlement shall be entered on the 
What money ^6<^'0^^s ^^ ^^^^ court; and shall pay into the county 
to be paid in- treasury, on or before the first Monday of M irch, nnnu- 
to county ally, the wiiole of the tax collected b) ium, on property 
taxed by order of the. county commlssio!!ers' court; aiid 
Counties on i" all counties, except those on the military bounty tract, 
the bounty the sheriff shall also pay into the county treasury the 
winds whole amount of the tax collected by hiin on lands lying 

within the county. In lieu of the taxes paid by residents 
of the several organized cou.ties op. the mihtary bounty 
tract, irpon lands lying in said countie?, the stale treas- 
urer shall pay, on the wari.iiit of the auditor, to the 
county commissioners of each of tiie counties of Pike, 
Adams, Fulton, ('alhoun, Peoria, and Schuyler, for the 
use of the c^>unt3', the sum of seventy-five state paper dol- 
lars, annually, m ad'-lition to what the said counties re- 
ceived for the last two years; and auy county which may 
hereatter be organized upon the military tract, sViall, up- 
on its organizntion, be entitled to receive a similar su;n 
out of the state treasury. All the taxes on lands lying 
in the military bounty 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 Moiiday 
of Ma'clj, annually, into the state treasury, deducting 
^^\^^^^'^^ seven and a half per cent, as his compensation for col- 
lectin^the same; and asimilaicompen'sation shall be al- 
lowed to ail sheriffs for collecting taxes On real or person- 
al property. 
Duty of coun- gg^. 3. The county treasurer shall finish taking in the 
y reasuier |^^^ ^^ taxable property, and make his return to the clerk 
of the county commissioners' court, on or before the first 
com. to trans day of July, annually ; and on or before the fifteenth 
mit list to the day of July, the clerk of the county commissioners' court 
auditor shall transmit to the auditor, by mail, a transcript of all 

lands listed ibr taxation in his county; and all lands not 
His duty to w^^iq^ 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 taxnble lands, listed in 
paid for ^^e county, the clerk of the county commissioners' court 

transcript shall be entitled to two cents for each tract described in 
such transcript, to be paid out of the state trepsury. 
Sec. 4. It shall be the duty of the cle-k of the county 
Clerk shall commis«:ioners' court to insert,in an appendix to the book 
lifted with received by him from the auditor, a full and complete list 
him, lying out and descriptionof all lands lyingoutof the county, but list- 

of the county 



ilFiVENtJf:* 



1-il 



f:d with him, or with .the couvity treasurer, hy residents of 

the coiinly. And the clerk shall correct sucii ir:ac- ' , 

^ t 1 ! J r V • J T * An J correc.;t 

curacie?, and sup|)ly sucii delects, in said iii^t, ;is i«^} 5 inaccuracies 

from time to time, come to his k!'owledi>;e. 

Sec. 5. IT the transcript of taxahle lands, listed for 
taxation in any connty, shall not be received at the au-' 
ditor's office on or before the first day of August in •'^ny Auditor may 
vear, it sliall be the dutv of the anditor to send a mes- send a mes- 
senger to the clerk of the county commissioners' couil of ^ti'S^r for 
such county, to deman.d such transcript, and il shall be ^"^'"' ^^ 
the duty of said clerk to deliver the same to tlie messen- 
ger without unnecessary delay: "said messenger shall be 
entitled to receive out of the state treasury, on the war- 
rant of the auditor, ten cents for each mile necessarily 
travelled bjMiim, in going after said list, and returning ^hs compen- 
to the seat of government. If the clerk of the commis- ' 
sioners' court of any countv shall neglect to transmit said 
list to the auditor, at the time, and in the manner, requi- 
red by law, he shall forfeit and pay the sum of twenty- 
iive dollars, to be recovered by action of debt, with costs i^u^^ to for- 
of suit, in the name of the auditor, for the use of the state, ward list, to ■ 
before any court having cognizance of the same. be fined 

Sec. 6. The sheriff shall not, in any case, sell for tax- 
es any land not lying within his county: but if he ^^ii^-^e^nJI^Kninff 
not obtain the taxes on such land by the sale of the per- out of his 
ffonal property of such delinOjUent, he shall certify the county 

fact to the auditor, who shall credit the sheriff with the ^* ^^^^""^^^ "^'^ 
^111. -1 1 ^ 1- personal pro- 

amount of SUCQ delinquencies, and proceed ^o advertise perty, the au- 

and sell such lands, in the same manner, ai-d 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 r^o'itijs gj^g^jg- ffiiiing. 
belongirg to the couirty, 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-^.^^^.^fj^j]^ ' 
on issue a citation (o such delinquent sheriff, to be serv- thereof 
ed by the coroner, on any constable of said county, re- Troccedings 
quiring him to attend and shew cause, at said term, why ^.sai."st ihv; 
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. B. Whenever, in the opinion of the countj 



122 



REVENUE. 



treasurer, any person &hall list his, property i)eIow lis 
Howthctrc:!- real value, it shall be the duty of said treasurer to alter 

^oKo"^?^ ^^ ^he vaiuatioM thereof, in such manner as to make it as 
TiiJUG pro* I . I . _ /» t 

perty nearly equal to the general valuation of the same species 

of property as possible; and no person shall be compell- 
ed to value his property under oath. 

Sec. 9. In describing the lands advertised for sale,- for 
Letters and taxes, letters and figu res may be used, as they have here- 
figures may tofore bf;en, to denote townsliips, ranges, sections, quar- 
I'cnw'laud" ter sections, and parts thereof, and the years for whicli 
Land shall be ^^^^^ are due. The auditor shall cause the transcript 
advertised for required by the third sertir-n of tins act, to which this is 
sale 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 tb.e day of sale; and the printer shall 
fhe pduter^° he allowed eight cents, state paper, for each tract so ad- 
vertised. It shall be the duty of the printer to deposit 
Shall deposit ^ne copy of the said list with the auditor of public ac- 
acop3;ofadv, counts; one copy with the treasurer of the state; and 
trLa^ Tsec'cf^'^^^ copy with the secretary of state; and forward 
state, and for- ^"<^ copy to each of the clerks of the county commir 



ward copy to sioners' court in the respective counties; and it shall 
cou^tr™* ^^ ^^^^ ^^^y *^^ ^^^^^ officers to file and preserve the 
Which shall *^^P^^^' ^^ furnished, in their respective offices, as records 



vrillCll snail i.1 V 1 • I r ^ 

be filed tnereol; and copies, taken from them, shau be evidence 

Auditor's in any court of justice within this state. It shall not be 
deed evidence necessary for any purchaser of lands, so vSold for taxes, to 
of «afe ^"*^^ obtain, keep, or produce, any advertisement of the sale 
thereof, but his deed from the auditor of public accounts 
Formal ex ^^^^^^ he evidence of the regularity ar.d legality of the 
ceptionsto sale, until the contrary shall be made appear: Provided, 
overruled^^ ^^ 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 lair interpretation 
of the intentions of the legislature. 
How land ^^^* ^^' "^^^'^^ if any purchaser of lands sold for taxes, 

may be re- shall suffer the same to be sold a second time, before the 
deemed from expiration of the two years allowed for the redemption 
two sales 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 tlie auditor's cer- 
tificate, the tax and costs of the first sale,aiKl double the 
amount of the taxes, interest, and costs, for which they 

Two or more y^- ere sold at the" second sale: Provided, that nothine: in 
tracts in one • - c< 

deed the act, to which this is a^l amendment, shall be so con- 

strued as to prevent the auditor from incorporating, in 
the same deed, two or more tracts of land, if the pur- 
chaser shall require it. 



REVENUE. i23 

b^EC. 11. The sales of laiids, or town lots, hereafter 

sold bv the sheritiffo" taxes, are hereby declared to be ^^\^°^'^"^^, 
*' . . 3.i''.i town lots 

good and valid, and he is required to give a oertiticate and by sherift^ 

kL'f.p a list of the sanr^e, and if not redeemed within two y^^^ ^^ ^^ 
years, by paying double the amount of such sale to the ledeemed 
sheriff or purchaser, to make and execute a deed, and 
acknowledge the same before the clerk of the circuit Oeed for same 
court, for such lot, or [ots, 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 count), 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, haviner been performed, un-^^'^f"*^^ ^^^, 

reuularitv ot 
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 deedof any tract of land which may have been ^eedi 
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 tlie newspaper printed at <^ice 
the seat of government, for three successive weeks, at 
least three weeks precedina; such application: and the 
owner of any lost deed, so applying, shall tile an affidavit, ^^^ affidavit 
setting forth that said deed has been lost, or mislaid, and 
has not been transferred or conveyed by him. 

Sec. 13. The county commissioners' courts, in each 

and every county, shall have power to levy and collect an '^^^ "" ferries 

1 .' 1 r ii • ii • i- i.- to improve 

annual tax, on each terry witnm their respective counties r^^ds 

accordijig to the value or annual income of said ferry; 
and all moneys, so coll- c(ed, shall be laid out under the 
direction of said commissioners, for the opening ar^d re- 
pairiiigthe public roads leadirig 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^ ^hey shall not collect irom any one ferry, in one 
year, a sum to f^xceed three hundred dollars. 

Sec. 14. That sections 14 and 20, of the act to which 
this is a supplement; and so much of said act as require? Laws repeat- 
sh'-ritfs to ettle with the clerk on the first Mondav of De- ed 
cember, or allows the county treasurer till the first of 
Augus*^ to take in lists of taxable property, and make his 
return to the clerk; and so much of the 17th section of 
said act as requires the sheriff to leave writti^n notices in 
certain cases; ard so much of the third section as requires 
the lists of lauds of non-residents delinquents to be pub- 



124 



RIVERS. 



lished tiir^^e weeks, successively ; and so much of the same' 
SO' noi' as allows the printer ten cents a tract for pu})lish- 
ing said lists; are hereby repealed. 

[Jp^roved, January 19, 1 829.1 



~-=aOP- 



RIVERS. 



Where to 
meet 

Their duty 



AN ACr TO PROVIDE FOR THE IMPROVEMENT OF THE KASKASKI.i 
IX FORCE, RIVZR. 

JAN. 23,1825. 

Sbc. 1. Be it enacted hj the people of the state of lUi- 

^'^^\^ ^^ ^°^' nois represented in the General Assembly^ That Shad rach 
Bond of Randolph county, Edward ]S[ewsham of Mon- 
roe county, Samuel Morrison and Hartshorn White of 
Washington county, Charles Slade of Clinton county, 
and William Lee D. Ewing of Fayette county, be, and 
they are hereby appointed a board of commissioners for 
the improvement of the navigation of the Kaskaskia 
river; and, moreover, they are hereby constituted a 

Maae a body body corporate and politic, and may sue and be sued,, 

corporate pJead and be impleaded, in any court in this state. 

Sec 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 proceedings: 
they shall have power to fix upon their adjournments, 
and the time and place of their meetings: they shall ap- 
point n 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 s^age 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 hoard, at their next 
regular meeting, of all the obstructions to the navigation 
of said river, from shoals, ripples, timber or drif: wood; 
a copy of which report, the Ijoard shall cause to be laid 
before the next legislature, with sucli additional inf r- 
miti^n as said board may be able to give, touching the 
improvement of t^ e navigation of said river. 

Sec. 3. A majority of said commissioners shall con- 
stitute a quorum to do business: tiiey shall determine 
upon the best and most expeditious ma^mrr of removing 
tb.e obstrurtion*: fr >m (:\i'\{i wood or limb^^r in said ri-.er: 
they shall have power to engage such liumber of hands, 



Quorum 



RIVERS. 



125 



teams, &lc, for the removal of Ihe 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. 

Spc. 4. So soon as the stage of water in said river Obstructions 
will permit, said commissioners shall cause the work of '^'^^ '^^'^^^^^ 
removing the timber and drift wood, which obstruct the 
navigation of said river, to be commenced under the su- 
per! t^ndence 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 be- 
work to be commenced as low down on said river as they S'^ 
saail 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 
shall 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 Ciompensa 
reasonable compensation for their services, to be paid ^io" to cviaa'rs 
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 Appropria- 
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 tiereof, 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- Proceeds oi 
ceive two thousand dollars out of the proceeds of the Venniiion 
sales of the Vermilion saline lands, appropriated to the^^'"^^ 
improvement of the navigation of the Kdskaskia river, 
and to apply the same as is above directed in this act. Donation 

Sec. 8. Said commissioners are also authorized, in ^''^"^^'^"Sre^ 
case a donation of land shall be rnade by Congress, in 
aid of the above described improvement, to proceed 
forthwith, on receiving notice thereof, to select the said To be report 
lands, and when selected, to repor<^ the same to the au- 'l'? ^" *^^j'*"L 
ait'>r ot public accounts, who shall sell thf sainp, m the 
^ame manner as the seminary lands are directed to be 

■ M 



ROADS. 



126 

sold, b}^ an act entitled " an act to provide for the 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 oj the 
vom rs ^^.^ sales to said commissioners, to be applied by them 

* as all other moneys mentioned in this act. 

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

\yif proved^ January 23, 1829.] 



KOADS. 

In force, ^jf ACT PROTIDING FOR A CHANGE IN A PART OF THE STATE ROAD 
DEC. 26, 1828. LEADING FROM SPRINGFIELD TO PARIS. 

Sec. 1. Be it enacted by the people of the state of Jlli- 
nois^ represented in the General Assembly^ That that part 
Eoad chang- ^f the state road laid out irom Springfield, Sangamon 
ed coupty, to Paris, in Edgar county, which lies between 

Springfield and the house of David Owens, in Sanga- 
mon county, be, and the same is hereby vacated. 
Com'rs ap- Sec. 2. That John Dawson, Sowyel Cox aiid John 
pointed Hoover be, and they are hereby appoiiited commission- 

ers, to view, survey and locate a road Irom Springfield, 
to intersect the state road leading from Springtield to 
Paris, at or near the house of David Owens, in Sanga- 
mon county: said commissioners, or a majority of them, 
Where to shaW meet at the town of Springfield, on the first Mon- 
*"^^^ day in March next, or within ten days theiearter, and 

To take an after being sworn before some justice ^of the peace, 
path u honestly and faithfull} to di-^xharge the' duties requir- 

ed of them by this act," shall proceed to view, 5ur\ey, 
^heirduty mark and locate said road, crossing the Sangamon river 
at Judd's ferry; ihence on the best ground, passiou; be- 
tween the larms of Valentine IVlallory and Samuel 
DanJey, thence by the house of Christian Shinkle* aiid 
John Dawson, thence through said Dawson's woodland, 
to the .termination: and said commi^siorjers shall, as soon 
To make a as may be, make and cause a true survey and map 
^or7^ ^"'^ ^^' ^^ ^^id.Foad, signed by them, to be lodged with the clerk 
of the county commissioners' court ol San;i;amon county. 
Road declar- Sec. 3. Sriid road, when laid out as aforesaid, shall 
ed a state be deemed and considered a public highway: a.-d the 
^ commissioners' court of San2;amon couiity, v. all cause 

Dutyof coun- the same to be opened four nob-s wide, and to he worked 
ty com'rs and kept in repair as other county-roads; and tue said 



court shaii allow said commissioners a reasonable com- Compensa- 
pensation lor their services, to be paid out of tiie county ^-^oi^ o^ com'rs 
treasury. 

Th'iF act to take effect and be in force from and after 
i(€ passcige. 

[Approved, December 26, 1828.] 



—xjO f^ - - 



AN ACT RELATIVE TO THE ROAD LEADING FROM CARMI TO j^ FORCE, 

COLLINS'S FERRY. DEC. 26, 18'2^. 

Sec. 1. Be it enacted by the people of the state of Illi- 
nois, represented in the General Assemble/, That (he road IDecIared a 
heading from Carmi, in White county, to Collins's ferry, ^^^'**^ ^°'^^^ 
on the Big Wabash, is hereby declared a state road. 

This act to b« in force from and after its passage. 
l^^pproved, December 26, 1829.] 



.>i.V AOr TO IMPROVE THE STATE ROAD, BETWEEN Mc'CAWLEY'S In FORCE, 

BRIDGE AND THE MUDDY FORK, IN CLAY COUNTY. jj^-^^ 2 1829. 

Sec. 1. Be it enacted by the people of the state of 
Illinois represented in the General Assembly, That the 
5um of three hundred state paper dollars be, and the ^ ^ -j^. 
same is hereby appropriated, out of the state treasury, tion 
towards improving that 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- 
provii g j-aid road. 

This act to bo in force from its passage. 

[Approved, Jammry 2, 1829.] 



128 



ROADS. 



IN FORCE, AN ACT TOR A CHANGE IN A PART OF THE STATE ROAD LEAt)\:X0 
JAN. 10,1829. FROM PARIS TO VANDALIA. 

Sec, 1 . Be it enacted by the people of the state of Illi- 
nois represented in the General Assembly^ That Robert 
Com'rs !ip- Brooks, Joseph Curtis and William Murphy be, and they 
pointed are hereby appointed commissioners to view and re-lo- 

cate that part of the state road leading from Paris to 
Vandalia, that lies between Paris and the sixteenth sec- 
tion, in township 1 3 north, range twelve west. 
Their duty Sec. 2. Said commissioners shall meet in Paris, on 

or before the first Monday 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 
Xomakea 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; and said 

road shall in all respects be deemed a public highway, 
and shall be opened and kept in repair as other pubhc 
roads are. And the commissioners' court of Edgar 
Their com-' county, shall allow to the said commissioners a reasona- 
prensatiou ble compensation out of the county treasury. 

This act to take effect and be in force from and after 
its passage • 

[Approved J Jai mary 10,1829.] 



In FORCE ^^^ ^^'^ "^^ APPOINT COMMISSIONERS TO LAY OUT TPIE ROADS 

January 20, therein named. 

i829. 

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

Coni'rs. ap- nois represented in the General Assembly^ That James 

apoiuted Greene, Joshua Teague and Bennett Towlson be, and 

they are hereby appointed commissioners to view, sur- 

To locate a vey and locate a road from Belgrade, in the county of 

road from Pope, by Greene's mill, to intersect the state road lead- 

Belgrade to • ^^.^^ Golconda to Vandalia, near Massac or Petcllo's 
the stale rnad ^ ' 

from Golcon- bluff. 

da Sec. 2. The said commissioners, or a majoiity of 

them, shall meet at some convenient place, on the first 

Shall take an Monday of May next, or within three months thereafter, 

nath who, after being duly sw^orn before some justice of the 



UOADS. 






peace, faithfully to observe the provisions of this act, 
shall proceed to view and locate said road, taking into 
consideration the local situation of tiie country and the 
public convenience, 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 in September next, make, or cause to be made, a And make re* 
true survey and map of said road, which, being signed ^um to the 
bv them, shall be delivered to the county commissioners' county com're 

** coiirt 

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 opened, worked and kept in repair, as other state 
roads are: and the said commissioners, so appointed, 
shall receive such compensation out of the.county treas-Thrir com- 
iiry, as the commissioners' court may deem just and rea- pensation 
sonable. 

Sec. 4. John D. Hughes, Joseph Folkes, Samuel Com'rsap- 
Milchell, junior, and John Steel, are hereby appointed po'^tea 
commissioners, to lay out ard survey a road from the ^ H ^^\w 
llliMois town, passing the French village and Belville,nois town to 
in St. Clair county, thence to Tatman's ferry, on the f'ranklin 
Kaskaskia river, thence to Cyrus Saw3cr's in Washing- ^"^""^^ 
ton <'ounty, and thence to Kirkpatrlrk's, on I kittle JMud- 
dy, 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 state road. The road already 5;?^ "1°^, , 
Jaid out irom said Kirkpatrick s, on Little Muddy, to the to Big Muddy 
pkn e where the road from Kaskaskia to Sbawneetown a state road 
crosses Big Muddy river, is likewise declared a public 
state road. All of which said roads shall be repaired 
and k^ptopen as other public roads are. 

Sec. 5. The said last named commissioner:?, shall Compensa- 
receive for their services, a ju^t compensation, out of *'°" *^ ^*^'"'f' 
the funds of the counties of St. Clair, Washington and 
Perry. 

Sec. 6. Easton Whitton of Montf;;omcrv county, Com'rs ap^ 
Lf vi Tasey of Siielby county, and William Whitley of pointed 
L(iu. !• «;our!ty, are hereby appointed commissioners to 
vi ;v, mark ai.dlay out a road from Hili.^borou^rh, in To lay out a 
Blof^tg<>mery couniv, to Shelby ville, in Slielby county, ^J^^^^^ f^ijig. 



om 



s to 



a?id therue to Paris, in Fdgar county. Levi Jordan and boro' to F^^, 
Bciijami,; Wali^ej- of Shelby county, and Matthias Shel- Com'rs apa 
ton oi San:i,amoi* '^ourity, are hereby appoinfed commis- pointed ' 
sion^rs .'o view,m -rk and layout a road "from Lawrenc* -^^ !^^ outroad 
vue, i.Ltwrei rp county, by the way ot Stn-ij'.o'V'r, to .' ■^^r.^u'ville 
Sheibyville, in Shelby county, and theace to Springfield, tu Springfiel<i 



Ci^m'rs ap- in Sangamon county. And John Ward, Thomas Rob- 
poiuted inson and WilU.im A. Hodge, are hereby appowjied (^om- 

To layout a missioners to view, nriark and lay out a road from Shel- 
Shelby viTie to ^y'^'^^^ aforesaid, through Ward's settlement, thence 
th« (i!inoi3 through Tazewell county, to the mouth of the Big Vcr- 
river mliion, on the Illinois river. 

\viienand Sec. 7. The tliree commissioners first named in the 

jvhrro coin'rs preceding section, or a majority ot^ them, shall nieet at 
Hillsborough; the three second named commissioners, 
or a majority of them, shall meet at Lawrenceville; and 
the three last liamed commissioners, or a majority of 
them, shall meet at Shelb} ville, on the first JMonday of 
May next, or within tei« days thereafter, and proceed to 
view, mark and lay out the roads of which they are ap- 
pointed commissioners, respectively, on tlie nearest and 
most eligible routes, taking into consideration the pres- 
ent and tuture popul'ilionof the counties tiirough which 
they pass, and the local situation of the country. 
Surveys to be Sec, 8. Said commissioners, respectively, sliall, du- 
be lud^f d ring the month of iMay next, or as soon thereafter as pos- 

with the ^ sible, cause, true surveys and maps of said roads, si2;n- 
county coQi rs,. , iiiit •■ • />i 'O 

courts ed by them, to be lodged witn 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 commissionors' courts of the counties afore- 
said, through which said roads are located, shall appoint 
Supervisors to supervisors, and cause the same to be opened, worked 
be appointed and kept in repair, as other public roads are. 
Coinpensa Sec. 9. The commissioners appointed in the sixth 

tion to com'rs section of this act, shall receive for their services a just 
compensation, out of the funds of the counties, respec- 
tively, in which they reside, by order of the county com- 
missioners'' courts. 
Road from Sec. 10. 'i'he main road, leading from Vandalia to 

Vandalia, by Hilbborough, and from thence to Henderson's, on Jhc 
&rto*Sf^!ring- Macoupin, thence by Flower Husband's, on Sugar 
field, a slate creek, thence by the widow Ferret's, on Lick creek and 
rjud thence to Springtield, in Sangamon county, be, and the 

'To same is hereby declared a public stale road. 

BJ5ei^m'r3 ap- Sec. 11. Joseph Duncan and Isaac Ferguson of 

the sta'*^'^ Madison county, and Brazd Lozey of ClintoM county, 

from C are hereby appointed commissioners to layout a road 

^ .» lay out a from Curtis's bridge, on Shoal creek, by Joseph Dun- 
Mfrom can's, on Sugar creek, to Edwardsville; said commis- 
^^bHd-S'to Ed- ^io"ers shall, on or before the first day of May next, 
wards'! ille meet at the house of Brazil Losey, and after being duly 



ROADS. 



131 



sworn, faithfully to locate said road on the most eligihle Shall take an 
route, siiaJl proceed to pcri'oimthe duties herein req.iii- '^ 
ed o them, and shall make a survey ai.d map Oi ^.i.d 
road, and caui»e Oite copy lo be fd-jd in the ofFicr of t.ir Survey &:c to 
cler'c of the commi.^sioner3''c uri of each of 'J>'." cou'iues "^ ^^^'^ 
of iVl'id'son iiid Chnioii; and said road snaii r.e deemed 
a puld'.c highvvay, a!.d shall he opeuj^d a!id kepi in re- 
pair as other public roads: said comriiissioners shall re- 
ceive, out of the treasuries of tu-: ir recpecfivc counties, Compensa- 
such cornpeiiSaUon as the cou vv commissioners' courts ^'^°" '^ ^"'"''^'^ 
of the same shall deem r 

idpprovCiK January 20. 1829.] 



AN ACT DECLARING CERTAIN R0AD3 PUBLIC mGHWAYS. jjy FORCE 

JAN 20 1829 
Sec. 1. Be it enacted by the people of the state of 1111- ^^^.^^\^ to 

nois^ represented in the Gen era I Absembly^ That the road Beard's ferry 

as la^t laid out an(^ established, leading from (^arrolton,^*'^^^'"^^ P"^- 

in Greene county and the road as last laid out and es- highways 

tablished, leading from Jacksonville, in Morgan county, 

to Thomas Beard s ferry, on the Illinois river be, and 

they are hereby declared public highways. 

Sec. 2, That the road from Abraham Irvin's, in ^o<'»f^ •''"oni Ir- 

Hamilton county, to McLeansboro', thence to Robert ^^",''J%^^" 

Wilson's, thence to George McKinzey's, is hereby de- state road^ 

Glared a state road: and John Ferguson shall view andCom'rap- 

mark a road from said McKinzey's, on the nearest and P^'"/^*^ ^^ , 
, , , r^ Tj • r^ n A- i II,, ,', . '"^'■'^ H road 

best wMy to hquali(y,.in UalJatin county, and shall hie m from McKen- 

the clerk's office, of the said counties of Hamilton and zey's to 

Gailalin, a report and plat of said road, which sciid re- ^^"'*'^*^ . 

port and plat, shall be recorded by the respective clerks piatTo 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 allowed 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 ^^^ri^on's to 

from James Garrison's to John Baker's, in White coun- ftafe^j)j^,^j 

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.] 



13*i 



aOADS. 



IN FORCE, AN AOT TO LAY OUT AND LOCATE A STATE ROAD PROM VANDALIA, 
JAN. 20, 1829* rpQ INTERSECT THE ST. LOUIS AND VINCENNES ROAD NEAR 



LEBANON. 



Sec. 1. Be it enacted by tJie people of the state of II li- 
Com'rs ap- '>'>-ois represented in the General Assembly^ That Thomas 
pointed Ray of St. Clair county, Joseph Gracey of Madison 

county, and Peter Hubbard of Bond county be, and they 
are hereby appointed comnnissioners, to mark and lay 
rot (T'fro^m ^"^ ^ TOddi from Vandalia to Lebanon, in St. Clair coun- 
VanJalia to ty, by way of Johnson's and Plant's bridge, on Shoal 
Lebanon creek, thence to Joseph Duncan's, on Sugar creek, 
thence the nearest and best way, to intersect the St. 
Louis and Vi.^.cennes state road at Shackford's planta- 
tion, one mile and a half east of the town of Lebanon. 
The said commissioners shall meet at Greenville, on or 
before the first Monday in May next, and after being 
ishall take an sworn before some justice of the peace, as the law di- 
oath rects, shall thereupon proceed to mark and lay out said 

road: and the said commissioners shall, as soon as they 
have located the same, return a copy and map of said 
And make re- road, to the several clerks of the county commissioners' 

turiitothe courts of the respective counties, through whtch said 

county com'rs , j • j • • u n 

courts ^^'^^^ rnay pass: and said commissioners shall receive 

Their com- such compensation for their services, as prescribed by 
pensatioa \^^^ foP similar services; which shall be paid to them, 
out of any moneys in the several county treasuries, to 
which said commissioners belong, not otherwise ap- 
propriated. 
The road de- Sec. 2. Said road is hereby declared a public high- 
r'^hVh'^ ^"'^'^^^' to be opened and kept in repair, at the expense 
J3 way , ^^ ^^^ several counties through which the same may 
pass. 

[.Approved, January 20, 1829.] 



IN FORCE, AN ACT FOR SURVEYING CERTAIN ROADS AND FOR OTHER PURjPOSES. 

JAN. '22, .829. 

Sec. 1. Be it ennded by the people of the state of Illi- 
nois^ represented in the General Assembly^ That John Cam- 
Mill flam on eron and James Rutledije be, and the same are hereby 
Sangamon authojized to erect a mill dnm o^ the Sa''2"nmon river, 
at or near the fish trap ford : Provided, that the said 



»OAD^ 



133 



Cameron and Riitledge enter into bond with the people Bond required 
of the state of Illinois, in the pe;al.surn of two thousand 
dollars, conditioned that the erection of such mill-dam 
shall not aifect the navigation of said river; and said 
bo!/d m;;y be put in suit hy any person tnjured by a 
breach of the condition thereof, in the manner provided ^^* ereo.n 
in the second section of an act entitled "an act to author- 
ize the building mill dams across the Sangamon river," 
approved, February 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 couoty, to alter said 
dam, by locks, canalling or otherwise, iso that the safe fhf Jara°"* "' 
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- ^j^g'J^g^j- ^°'^ 
ble) it shall be the duty of said commissioners to direct 
an order (o the sheriff of said county, commanding him 
to demolish the said dam forthwith. 

Sec. 2. The surveyor of Schuyler county is hereby gm.yg ^^ ^^ 
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 tlipnce in a direction to*^°"" ^ 
Quincy, in Adams county, so far as to t!ie western boun- 
dary line of Schuyler county: and the county surveyor ^" ^^^o^s co 
Adams county shall in like manner continue said road to 
the town of Quincy: and said roads when laid out and 
opened, under thedirections of this act, shall be public 
state roads, and the expenses of said surveyors shall be J^ bea pub^ 
paid out of the respective county treasuries. 

[.ipproved^ January 22, 1 829.] , 



AN ACT ESTABLISHING A STATE E.OAD FROM THE WEST BANK OF 

IN FORCE. 
THE WABASH RIVER, OPPOSITE VINCENNES, LAW^RENCE COUNTY, j ^^^^ 22 18'i9 

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 Vv abash river, opposite decLired state 
to Yincennes, through the counties of Lawrence, Craw- roads 
ford, Clark, Edgar, and Vermilion to Danville, in Ver- 



13 i 



ROADS. 



milion county, are hereby declared a state road leading 
from the V\ abash, opposite Vii:cennep, to Danville as 
aforesaid. The road passing through the settlement in 
Allison Prairie, called 'he Christian Settlement, and from 
thence to -Palestine, is the road intended hereby for a 
part of the state road aforesaid. The county commis- 
sioi ers in the several couities throuj^h which said 
road shall pass, may alter the same so as to connect the 
said roads, in aline, for iho state road as aforesaid, and 
may cause the same to be improved. 

[Approved^ January 22, 1 829. | 



AN ACT FOR LAYIKG OUT A ROAD FROM HARRISONVILLK, BY JAMEb 
JlN JORCE, ' 

J \N. 22 1829. MILL, JEWETT VARNUM's, A>D JOHA" BAMBERS, TO THE KASKASKIA 

RIVER, IN THE DIRECTION OF MOUNT VERNON, IN JEFFERSON 



COUNTY. 



Commission- Sec. 1. Be it enacted hy the people of the date of 

ers appointed Jlli^iois, 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 as other public roads; and the coun- 
ty commissioners' court of said county shall allow said 

\iid comnen- ^^"^^^^^*'^^^'^^ such compensation, for locating said road. 

sation <is they may deem reasonable. 

This act to take effect, from and after its passacje. 

\ Approved, January 22, 1829.] 



ROADS. 



135 



Afi ACT FOR LAYING OUT AKD MARKING A ROAD FROM COLtlMBlA, IN IN FORCE, 

J \N 22 lt;29 
MOrmOE 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 ^°™''''' ^P~ 
B. Whaley, Joseph P imier, Robert Colornan, and John '^"^ 
Divers, and Adam W, Snyder, be, and they are hereby 
•appointed commissioners, a majoiity of whom may act, ^®j^y °'* ^ 
to lay out, mark and survey, a road from Columbia, in Yi(>m Colum- 
Monroe county, upon the nearest and best route^ to the bia to Missis^ 
Mississippi river, opposite J eiferson Barracks. ^^Pf^^ ''^^®'" 

Sec. 2. The said commissioners shall make report 
of their proceedings, to the county commissioners' cou"tRoad made a 
of said county, atid ihe road when laid out by them as P^^l^c high- 
aforesaid, shall be a public higivsay 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 fiaid commissioners for Cfj^penja- 
viewing a- d laying out said road. tion 

This act to take etfect iVom and after its passage. 

[Approved^ January ^2, 1 829.] 



AN ACT TO APPOINT COMMISSIONERS TO LOCATE CERTAIN ROADS. -^^ FORCE 

JAN. 2:, 1820- 

Sec. 1. Be it enacted hy the people of the state of 
Illinois represented in the General Assembty^ That Isaac ^°°" '"^ ^P" 
Sanford, Richard C. Kimbraugh, and John La^^well, be, 
and they are hereby appouited commissioners to vi^'w, 
survey, and locate a road, from tb^ public square in Par- To locate a 
is, to the state line, in a airectioa to Clinton, on the road from Pa- 
Wabash, in the state of l.diana, viz: From Paris tc [j;;^^^ ^^^ '^^^'^^ 
Waynes' mill, on Sugar creek; thence to the ceriter oi" 
section tweniy two: thence east tiirough section twen- 
ty three; thence the nearest and l3esi route, to 
the state line, to intersect a road laid, or abuut to be 

laid from Clinton to P:vris. . „ , 

o di c • 1 \ c ' J 1 Shall take as 

bEC. 2. bald commissioners before entermg on th ^^th 

duties assigned tl\em, suall cake an oath i>efoie some 

justice of the peac^ of said conrty of Edgar^ faithfully 

ai d impartiahv 1 - locate tiie same, takiii^ into co ^side- 

rafio . tnc pu .1h- trued, sitnll proceed duri'ig tne n^v^ath 

of May next; to esuibiish the road, and siiall return to 



136 



ROADS. 



And make re- |-|Tjg county commissioners' court, at their June term next, 

county court ^ true map or plat of the same, and said road \vheri thus 

laid out, shall be opened avid kept in repair, as other 

roads are, and shall be and forever remain a state road, 

four poles wide, and the county commissioners' court 

Their com- shall allow said commissioners a reasonable compeusa- 

peiiSHtioa tion out of the county treasury. 

a^'^inted ^^^* ^* VVilliaFR Pyle, and John B. Huichings, of 

Perry county, and William Ayresof Washington county 

are hereby appointed commissioners to mark and lay 

"^^jy °"* '^out a road, from Georgetown in W^asliington county, 

GeorjjHtown through Pinkneyville in Perry county, to Dillinger's 

to i.»iliin5er's mill, in Jackson county. The commissioners aforesaid 

™^^^ shall meet at the house of Georj^e F^ranklin, on the lirst 

Monday in September next, or within ten days thereaft^ r 

Shall take an ^"^ after being duly sworn faithfully to perform the du- 

oath ties heieby enjoined upon them, ihey, or any two of 

them, shall proceed to mark and lay out said road ; and 

Expenses to ^j^^ expenses of locating the same shall be paid bv the 

'Wash^nsjTn counties of Washington and Perry, each an equal pro- 

k. Perry coun- portion. 

>^®^ 'rhis act to be in force from and after its passage, 

[Approved^ January 2% 1^29. \ 



—^aGT^- 



AK ACT TO I-AY OUT, ANP PERMAKENTLY ESTABLrSH, THE ROAD 
rORCE^ FROM THE WABASH RIVER, NEAR VINCENKES, TO THE 

MISSISSIPPI RIVER, OPPOSITE ST. LOUIS. 



N.2J, 1829. 



Sec. 1. Be it enadcrl hi/ the people of the state of Illi- 

nois^ represented in the General Assembly^ That John 

^^o'^-'^PP^^in- Thomas, Thomas Ray, and Nicholas Boismenue, of St. 

Clair county, John Kain of Clinton county, John R. 

Taylor of Clav county, Benjamin Vermilion of Marion 

county, and Henry M. Gillham of Lawrence county, or 

^ , a majority of them, are hereby appointed commissioners 

..Qa,j to lay out, survey, and permanently locate, the road fn^m 

the state line, where said road crosses the Wabash 

river, at Vincer.r-es, by Lawrenceviile, F-vans's, M'Caw- 

lex's, Maysville, Elliot's, Meisenhamer's, Lewis's, Piles's, 

SaV m, Vermilion's, Carlvle, Scoti's post office, Lebanon, 

and Hathaway's, to the bank of the Mississippi, opposite 

St. Louis. 

Sec* 2. Said commissioners shall survey said road^ or 



ROADS. iS'J 

cause the same to be done, by them laid out and iocated, ^"'' ^^^^ a 
as aforesaid, and shall make out a plat, or cause it to be piarthe^reof 
done, of said road, and forward a copy thereof to each 
county, through which (he same shal] be located, as a- Which phall 
foresaid, and one copy to the secretary of state, which be filed in 
he shall file in his office. Said county commissioners' ^'^^}^ Th^th^ 
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 be evidence 
effect, in all courts and places, as other records. 

Sec. 3. Said commissioners appointed to locate and 
survey said road, shall erect suita])le 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, 
ai;d where the said state road crosses the Wabash river, 
westwardly to the bank of the Mississippi river, oppo- 
site St. Louis. 

Sec. 4. The commissioners, aforesaid, shall lay out Special dire©» 
and «urvey the above described road, upon the nearest ^^®°^ ^° *^*^'" 
and best route, departing, iiowever, as little from the main 
road, as now travelled, as practicable. Said road, when 
]aid out and surveyed as aforesaid, shall be and remain a 
public highway of tliis state, four poles wide, and shall 
be kept in repair tlirough 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 funds congress may grant, as contern- sation tocom, 
plated in the above section: sliould such grant not be 
made, then said commissioners shall be paid, out of their 
respective county treasuries, such sum as the county 
commissioners' conH shall deem reasonable. 

Sec. 6. Said commissioners before they receive any of Com, togiv^ 
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 received from the United States: said bond and 
security to be approved bv the f^n^vr^ror. 

O ^Approved, January 23, 18 29. J 



J 38 SABBATH BREAKING. 



IN FORCE, A>' ACT ESTABLISHING A TUELIC ROAD FROM VANDALIA TO THE 
/AN. 23, 1829. TOWIS OF EMINEKCE on the MISSISSIPPI RIVER. 

Sec. 1, Be it enactp.dhj iJiP People of the Stale of 
Illinoi'j, represented in the General Assemblif^ That Joseph 
William? of Montgomery count}', 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 ihe 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 he lodged with the clerks 
of the county commissioners' courts, of each and every 
county, through which said road shall pass: and the road 
xvhen 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 ajid opened as other public 
roads are. 

This bi)] having remainsd with the council of revision ten days, 
(Sundays e.-icepted,) and the General Assembly bi-ing 
in session, it has becoifje u law, this 23d day of Janu- 
arv, 1829. 

A. P. FIELD, 
Secretary of State. 



--^JOr^ 



SABBATH BREAKING. 

-IN FORCE, AN ACT TO AMEND THE ACT RELATIVE TO CRIIVJINAL JURISPRl^.' 
/AN. 19, 182^. DENCE, APrUOVED JANUARY 30, liJiT. 

Sabbath Sec. 1. Be it enac'-i by the people of the state of 

^-^ lUinuis represented in the General Asscmbli/, That any pel*- 

son who shall hereafter knowingly disturb the peace and 

good order of society, by labour, or amuseme.'it, on the 

, first day of the week, commonly called Sui^day, (works 

^^owpum;. - of necessity and charity excepted,) shall be tined, upon 
conviction thereof, in any sum not exceedi.ig the dolL^rs. 

Disturbing T))at any person who shall by menace, profane, or vul- 

ppngregation gur language, or disorderly, or immoral coiduct, di t irb 
the peace or ^ood order of any cons^rcijitiori, assembled 
for divine worship, sucli person, so otfendiag, shall be 



SABBATH BREAKING. 



139 



tteemed guilty of a high misdemeanor, and upon convic- 

lio!) thereof, shall be fined in any sum not exceeding fifty How punished 

dollars: Provided^ that this act shall not be construe d to proviso 

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^" 

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- 9# 
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 H^^^'P""^^"'' 
dollars. 

Sec. 3. The justices of the peace, respectively, in their jurisdictioa 
several counties, shall have jurisdiction of the aforesaid of justices 
oflfences, 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. When any person, having offended, or being Jury triah 
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. 

[.approved, January 19, 1829.] 



140 



SALARIES. FEES, &C. 

l,if FORCE, AN ACT IN ADDITION TO AN ACT REGULATING THE SALARIES, FEES, 
JAN. 23, 1829. ^ND COMPENSATIONS, Of THE SEVERAL OFFICERS AND PERSONS 

THEREIN MENTIONED. 

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

nois^ represented in the General Assembly^ That hereafiei 

^ K it shall he lawful for the clerks of the respective courts 

collected by c>i tills state, WHO are authonzeu to issue lee bills, to 

constables place the same in the hands oi 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 providede 

Pees of judges ^^^' ^' '^^^^ following fees shall be allowed to the 

df 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 
I Issuingsubpcena, attachment, or other process, 

under seal, 25 

Entering each decree, order, or judgment, ex- 
cept orders allowing claims for or against an 
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 hond of guardian, 50 

Taking any bonds not before specified, 50 

Revoking letters testamentary, administration, 
or guardianship, 50 

Swearing each jury, 25 

T,j .^ .. Writing indenture, to be paid by master, 50 

fee bill -^"^ ^c)r the collection of the fees aforesaid, the Judge 

of probate mav issue foe bills, directed to the sherilf, or 



SALARIES, FEES, &C. 141 

to any constable of the county, who is hereby authori- 
zed to collect the same as in oiher cases. 

Sec. 3. And hereafter the clerks of the courts of coun-Clks. of coun- 
ty commissioners snail not charge any fees for issuing ^^ ^^"^' 
writs of election, comparing election returns, issuing 
notices to supervisors of roads, issuing cerlificates of* 
allowances made to individuals by tiie court, or for any 
other 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 
county commissioners" courts to allow their clerks a com- 
pensation, per day, for tlieir services rendered the coun- 
ty, is hereby repealed. 

The following fees shall be allowed to the recorders. Recorder** 

Cents, ^^«' 

For recording all deeds, mortgages, and other 
instruments of writing, ibr every one hundred 
words, 15 

For entering every tract of land, over five, in 
each deed or conveyance, 6 1-4 

Sec. 4. So much of the sixth section of the acts, reg- gj^gj-jfl^^jg ^^^^ 
nlating salaries, fees, and compensation of the several mission on 
officers and pei-sons therein mentioned, passed on the levies 
nineteenth day of February, 1627, as allows any com- 
mission to sheriilfs for offering real or personal estate for - 
sale, where the execution sliall be settled by tise parties, 
replevied, or stopped by injunction, or where the proper- 
ty shall not be actually sold, is hereby repealed; and in 
allsucii cases the sherilf shall be allowed tifty cents for 
levying, and six and one iburth cents a mile for going to, 
and returning 'rom, the place of sale. 

Sec. 5. Clerks of the supreme, circuit, and county P*^^^'^^' ^?\ 
commissioners' courts, and notaries public, shall he al- nr^oof'^or^ac"^ 
lowed a fee of twenty five cents for taking the proof or i«:nowledg- 
acknowledj^mcnt of any deed, or conveyance, and affixing "^^"^ ®^ ^®**^^ 
his oisi- i'd scab 

Sec. 6. Clprks of county commissioners' courts shall Certificate oC 
be diluwed twenty five cents for every certificate Q^^^S'stracj 
mag^siracy, with the official seal annexed. 

Sec. 7. Every oflicer, authorized by law to fake proofs Acknowledg- 
or at kijowled>^meits of deeds, is allo'^ed a fee of twen-mentot aee<,?* 
t}tive cents, for each deed proved or acknowledged be- 
fore him. 



142 



SALINES. 



This act is to be in force from, and after its passage 

l^pj^roved. January 23, 1 829.] 



--=</=^ 



SALINES. 

ijf FORCE ^^ ^^"^ '^^ PREVENT CATTLE FROM BE1!9G IJfJURED IK THE 

DEC. 14, 18^4, VICi^■ITY OF SALINES. 

Sec. 1 Be it enaded hy the people of the stale of Illi- 
nois, represented in the General Assembly^ Thnt the 
Owners of sa owners, renters, or lessees, of any salines within this 
lines to barri- state, who shall hereafter cause to be exposed any pirkle, 
cade the 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 ow^ners, by causing the same to 
be injured or die, that such person or persons, so offend- 
ing, against tlie provisions of the foregoing statute, shall 
For failure, to jje liable to prosecution before any court of competent 
pay amages juj^jg^iJc^Qn jn this state, and be liable in an action of 
damages to the ow^ner 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.] 



--xjor^ 



\ 



SALINE RESERVES. 

AN ACT TO AMEKD AND CONTINUE IN FORCE THE ACT ENTITLEjy 
IN FORCE ".4N ACT CONCERNING SAMNE RE^-ERVE*, A PE.SITENTIAR V, AND 

»EC. 19, 1828. THE IMPROVEMENT OF CERTAIN NAVIGABLE STREAMS" AP- 
PROVED 15th FEBRUARY, 1827. 

Sec. 1. ■ Beit enacted by the people of the state of Ilti- 

nois, represented in the General Assembly, That so mu( b 

Fart of former of the first section of said recited act, as requires the 

act repealed ggj^ctjon for water works, specified in said section, to be 

in addition to the thirty thousand acres therci-n mentioKH 



SALINE RESERVES. 143 

ed, be, and the same is hereb} , repealed. So much of 
the tweatv-sixth section of the act, to which this section 
is an amendment, as poslponej? the appropriation of one 
thousand doUais of tlie next avails of the sales, after 
twenty tb usand dollars shall be realized, be, and the 
same is hereby, repealed; and the said sum of one thous- 
and dollars shall De out of tue next avails of said sale, 
alter fifteen thousand dollars be realized. 

Sec, 2. 'J'he commissioners, who are required by the ?'" *° ^^"^ 
eigliieeiith section of this act, to make their report to 
th<t pi esent General Assembly, are authorized and requi- 
red to make their report on the fifth day of the session 
of the next General Assembly. 

Sec. 3. Tlie report of Leonard White, Jr)hn Black, Former re- 
and Benjamin Cummins, commissioners appointed by po'"^ confirm- 
the first- section of the act, to which this is an amend- 
ment, be, and the same is hereby, approved and confirm- 
ed: and tlie residue of said recited act, to which t!iis iScoiXmed^ 
an amendment, is hereby declared to be in full force 
from and after the passage of this act. 

Sec. 4. Tiie sum of five hundred dollars of the avails Appropria- 
of said sales is appropriated to the improvement of the ^i^" ^^'" Cash 
state road across Cash River bottom, in Alexander coun-"^^"^ bottom 
ty, to be expended ujider the direction of Henry Sowers, 
William Price, and John Fisher. 

[Approved. December 19, 1828.] 



line reter- 



A3V ACT PROVIDING FOR THE SALE OF THE VERMIMON SALINE 
RESERVE, A>D APrROFRIATir^G THE AVAILS THEREOF. 

Sec 1. Be it enacted by the people of the state of Illi- Sali 
nois^ represented in the General Assembly^ That so soon vaiion to be 
as the congress of the United States shall raise the re-^*'^^ with the 
striction thereon, and assent to the sale for the benefit gress'^ ^' ^'*' 
of this state, the whole of the saline reservation, situate 
on Big Vermihon river, in the county of YermiHon, shall 
be sold and disposed of as hereinafter provided. 

Sec. 2. That Amos Wilhams be,and he is hereby R^.-iterfe re 
appointed register, and William Reed receiver, who ceivvrcip- 
shall keep the ofiice for the sale of said lands at Danville, P°*"^^^ 
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'^^ S^^'® ^°°^ 



144 SALINE RESERVES. 

governor and his successors in office, for the use of thf 
people of the state of Jjlinois, with good securities, to 
be approved of by the governor, the register in the sum 
of two tiioiisand dollars, and the receiver in tlie sum of 
twenty thousand dollars, conditioned for the faithful 
performance of all (he duties im{)osed on them by this 
act, or which may hereafter be required of tiiem by 
law; aiid should the governor at any time thereafter 

And addition- ^i^^^*^ ^^^^i^^i^'^^l -^^"^'^7 necessary, the same shall be 
ai security if given, and in case of neglect of duty, omission to account 
required qj. ^q^ ^j^j good cause, the goveritor shall have power to 
dismiss the said register, or receiver, and in that case, 
and in case of death, or rcsignalion, appoint others, and 
require bond and securilies as aforesaid. 
I^ands to he Sec. 3. The register and receiver having given 
uivertised bond as aforesaid, and being furnished with a map and 
description of the land, with directions from the gover- 
nor to proceed, shall immediately advertise the same in 
two newspapers published in this state^ one in Indiana, 
one in Louisville, Kentucky, and one in Cincinnati, 
Ohio, for twelve successive weeks before t!ie day of 
sale, stating the day and place at wliich the sale v*'ill 
commence, that the same will continue from day to 
day until concluded. 
T)irections to ^Ec. 4. In offering said lands for sale, the register 
bg obsrrvedin and receiver shall begin with the lowest number t)f 
oiiering them township, range aud section, and continue otiering tLe 
lowest number by half quarter sections, nntil all shall 
be offered, distinctly crying each half quarter section a 
reasonable time, w^hen 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 o^clock A. iM. 
until two o'clock P. M. and shall be continued from day 
to day, Sundays excepted, until the whole shall be offer- 
ed for sab : and all sales public and private, shall be for 
ready money, gold or silver coin, or notes of the bank of 
the United States. 

Sec. 5. The res^ister and receiver shall each keep, 
fel^orded^^ in well bon -d books, a record of all lands ^o!d, partic- 
ularly stating the lime sold, the purchaser's name and 



SALINE 'sEy.ERVES. 



:45 



place of residence, the numher of the tract, section, 
towjiship and range, the number of acres and the price 
sold for, and at the piibhc sale, on the evening of each 
day's sale, andoa the mornisig before the next day's sale 
shall commence, the receiver shall re<'eive 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 DnpHcate 
word "duplicate," designating the persons name, place '^^^"^'f'^ 
of residence, the tr^ct 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 the ^^"J^^ "°1 
land in said reserve which shall not be sold at the tirst entered with 
and public sale, may be entered with the register and the register 
paid tor 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- Applicatinus^ 

scribing his residence, and the tract or tracts, of land ap-*'^^^^ madem 

I . o ' " r writinsT 

plied for, 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, rietaining the dupli- 
cate, which application the register shall file in his office. 

Sec. 7. At the end of every three months, compu- Register to 
ting from the commencement of the public sale, and du-|'^PfT^ *^ ^^^^ 
ring his continuance in office, the register shall make 
out and transmit by mail, to the auditor of public ac- 
counts, a correct account of sales made, the tracts sold, 
the time when, the amount of purchcise 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 kef-p a record of all saline lands reser- ^f ^aU^g^^^jJ^p"' 
ved in, and belonging to the state; and shall make a lands 
special entry of all sales made, as returned to him in a 
clear and concise manner, in order to perpetua<e and 
preserve the title: an exemplification thereof, duly cer- 
tified, shall be received as evidence in any court of record 
or elsewhere in this state. 

Tec. ^9. The auditor shall make out in the name of^o prepare 
the ijovernor, and the same shall be sisjned bv the sfov- P^*^"*? and 

ii 1 /- / A« I 1 Zi " , ^ -transmit theni 

ernor, the seal oi state araxed by the secretary oftothe redstes 



146 



SALINE nESERVt:S* 



state, and countersigned by the auditor, patents for the 
land? so sold a':d purchased, vestii)g in the purchaser or 
purciiasers respectively, the fee simple^ and the auditor, 
after iiaving made an entry of the date thereof, shall 
transmit to the register the said patents, who, on the re- 
ceipts retained by said purchasers being presented, shall 
deliver the same to the person or persons entitled thereto. 
N^t proceeds Sec. 10. The receiver shall at th'i end of every six 
of first months, during his continuance in office, computing from 

i()c\oo the commencement of said public sales, pay over to 

np'propri>ited VViiliam Wilson, of White county, all the net proceeds 
to the ira- arising from the sales of the first ten thousand acres 
provement ofgQjj. ^^hicj-^ sum is hereby appropriated to imp. ove the 
navigation of the Great Wabash river, from the mouth 
thereof up to the point where the state line leaves the 
river, bel /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 



tion of the 
Great Wa- 
bash 



Wilson 



2;ivpn by Wm any of said money, shall give bond with good securities, 
payable to the governor, and his successors in office, for 
the use of 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, a5;d 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. 

Sec. 12. The net proceeds of the ten thousand 
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 
Wabash river, from the Beach bluff, on said river, to 
Carmi, in White county, to be drawn upon the order, 
and expended under the direction, of the county com- 
missioners of Wayne 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 
fromV+ndaha (jQJigpg shall be drawn upon the order, and expended 
tg Golconda i i.u j- i- r n i. • • 

under the direction, ot the county commissioners of 

Pope county; one hundred and fifty dollars to bf* drawn 
upon the order, and expended under the direction of the 



i- urtber ap- 
propriations 



Little Wa- 
bash 



SALINE RESERVES- 



147 



county coinmissioners of Franklin county; one hundred 
an<i [lily dollars to be diavvn upon tsu*. order, and 'expend- 
ed UTider the direction, of the cotinty commissioners. of 
Jefferson county, one hundred and fifty dollars to be 
drawn upon the order, and expended under the direc- 
tion, of the county comniissioners of Marion ccunty; 
and one hundred dollars to be drawn upon the order, 
and expended under the direction, of the county com- 
missioners ol Fayette county: the sum of two thousand 
dollars, to improve the navigation of the Kaskaskia river, Kaskaskla 
to be drawn upon the order, and applied under the"^^^ 
the direction of such commissioners as the General As- 
sembly shall appoint: tlie sum of one thousand dollars, Sa„„aj„QQ 
to improve the navigation oi the Sangamon river, to be river 
diawn upon the order, and applied under the direction, 
of the county commissioners of Sangamon county: the 
sum of eigi^t hundred dollars, to be drawn upon the or- 
der, and applied under the direction of the county com^ Greene coun 
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 ofco™ty*^ 
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 
Bij? Vermilion river, from Danville to the state line o( 
Indiana; in constructing a bridge across said river, near 
Danville, where the stale road, leatiing from the west 
bai'k of the Wabash, opposite Vincennes, to said town 
of D'^nville, shall cross said river; and a bridge where ^, . 

said road shall cross Little Vermilion river: to the coun- °^^ ^^^^W 
iy of Edq:ar eight hundred dollars, to bridge Bruett's 
and Sug;ir creeks, on said road, and the balance to be 
applied on such other road, or roads, as the commission- ^, , 
«rs shall direct: to the county of Clark eight hundred ^^' ^'oun jr 
dollars, to build a bridge across Big Creek, at Bell's 
mil), 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 Crawford 
purpose of building bridges on Rackoon, Hudsou, Sugur, °^""^X 
and Lamotte creeks, and improving the bottoms of said 
creeks, where the said state road shall pass ; five hund) ed 
dollars of which shall be expended m brid/nng ard im- 
proving the road on said Lamotte and Sugar creeks: also 
to Joim Houston, to be drawn on his order, ard by him State road 
expended in improving the v^tate road, leading iron^. Vpi ^ 1"" ^^pj^f " 
dalia to Palestine, six hundred dollars: to the count) oj tine ^ ^ ^' 



148 SALINE RESERVES. 

LavTrence Lawrence sixtceen hundred dollars, to be expended as 
rountv follows to-wlt: six hundred dollars on i[\f^ st:ite road, 

when laid from the ferry? opposite Vinceimes, to Dan- 
ville, between said ferry and the high lands above Alh- 
son prairie: tive hundred dollars on the state road from 
said ferrv to Lawrenreville: two hundred doUars to 
build a bridge across Muddy Creek, on the slate road 
from Law rencevjlle to St. Louis; and the sum of three 
hundred dollars to iinprove the navigation of the Em- 
barras river; which said sums, hereby a[)propriated, 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 
exp(;nded as above conte nplated. 
How said ar?- ^Ec. 1 3. All appropriations made in and by this act, 
prour;atioris except the proceeds of the sales of the first ten thousand 
di.ecied to be j^^j-^g^ ^^^ ^]^g appropriations above stated, made to the 
^^^ counties of Vermilion, Edgar, Clark, Oawford, Law- 

rence and Wayne, which are hereby expreSvsly ordered 
to be paid first, so soon as snles shall be made, and mo- 
ney sufficient therefor received, shall be paid out pro 
rata upon each of said appropriations; and the said re- 
ceiver shall, at the 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 appropriatioMs, in proportion to their respective 
amounts, to the person or persons authorized by law to 
receive the same, until all the said appropriations shall 
bo paid o(f, should said lands sell for sufficient to pay the 
Surplus same ; and should there be any surplus, after paying said 

appropriations, the said receiver shall pay the addition- 
Additional ^^ sum of 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 

rcenecoun- g^j^^f ^,j^g thousfiud dollars to the county of Sangamon, 
To Sangamon to be drawn and appropriated in like manner as the first 
county appropriation to tlie same herein made. And all sur- 

Re«!idue to be P'"^ moneys, after the aforegoing appropriations are 
paid into paid off, shall be paid by the receiver aforesaid into, the 
state treasury g^ate treasury. 

Receiver to Sec. 14. The receiver shall, every six months, settle, 
settle with the with the auditor, and deposit all receipts taken on pay- 
auditor j|,^ (]^g sums hfTeby appropriated. 

Compensa- Sec. 15. The register and receiver shall each re- 

Jp°'^ !!j'^*^^*^" ceive two and a half per centum on all moneys received^ 
£.eiver 



SCHOOLS. 149 

and an allowance for advertising, and all blank books 
purchased for (he two oflices, 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 (he Vermilion Lf^wsrepefil 
saline reserve, and appropriating the avails (hereof, are ^'^ 
hereby repealed, 

[-Approved, January \9, 1^20, '] 



SCHOOLS. 



A y Act requiring the auditor to tssue his warrant o's 

IN FORVF, 
THE TREASURY FOR SCHOOL PURPOSES. JAN. 22 1&29 

Sec. 1. Be it enacted by the people of the state of Illi- 
nois^ represented in the General Assembly^ That the fif- 
(eenth, sixteenth, and seventeenth sections of the act, ed '^^ ^^P^^'^ 
entitled "An 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 JohHv 
school district in Johnson county, for the sum of twenty- -^^ii county 
five dollars. The act, entitled " An act relating to the . , , 

school lands," approved I7th February, 1827, be, and ^^^^^^''' 
the same is hereby repealed. 

[Approved^ January 2^, 1829.] 

P 



.>fcS^ 



SCHOOLS. 



TN FORCE ■*^^' ^^^ AUTHORIZING THE SALE OF SECTIONS NUMBERED SIXTEEN, 

JAN. 22 1829. OR SUCH land as may be granted, tn lteu thereof, 

TO THE INHABITANTS OF SUCRTOWNSHIPS, FOR 
THE USE OF SCHOOLS. 

^ Sec. 1. Beit enacted hy the people of the state of lili- 

shuU an- nois^ represented hi the General Assembl)/^ That so soon as 
uounce the the congress of the United States shall assent that sec- 
assentofcon-^j ^^j^l^^j,^^ sixteen in each and every township^ or 
eress oy pro- , , , i i i • i i r 

clamation such lands as ma} have been, or which may herealler 

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 all the newspapers in the state, for three weeks 
successively. 

^^. Sec. 2. It shall be the duty of the county commission- 
«^om. or af>;ent « i i - i i^- 

forthecountyers' court, of each and every county, on proclamation 

s'halibeap- being made as aforesaid, to appoint some good, compe- 
pointed ^g^^ ,^^^ 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 
b nd ^ ^^ ^^'* office, he shall give bond and security, in the sum 

of twelve thousand dollars, by three or more responsible 
freeholders, conditioned for the faithful performance of 
all the duties required by this act, or which may hereaf- 
ter be required and enjoined on him by law ; w liich 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 tiie use of the inhabitants of any township to whom 
the same may of right belong. 
Additionul Src. 3, When it shall appear necessary for the better 

security securing and managing the funds, or moneys, which shall 

ijviy DC roqui- ^^^^^^^^ j^^o the hands of any commissioner, so appointed, 
the commissioners' court may require additional security, 
in the sum aloresaid, or any other sum they shall deem 
right; and for any good cause, such as misapplication of 
the money, neglect of duty, or failure to give additional 



r:ecuriiv, to the acceptance oi^he court, or lo render an 
account, or to give the necessary information of the loans 
made, or transaction of the business committed to his 
care, when required, the commissioners' court may re- 
move him from office, and in that case, or in case of deatli, How removed 
or resignation, appoint another, and require bond and ^rom 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 and delivered, and the names of the securities, (^>gj^ifj^,^j_g ^j- 
and a certificate of appointment shall be made out, with appoiutment 
the seal of the court affixed, and a certificate of the clerk, 
and handed over to the commissioner so appointed. 

Sec. 4. It shall be the duty of such commissioner or Com. tokee^i 
agent to procure well bound books, in which, previous to^i record 
making sale of any school 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 oi 
township shall be desirous to sell and dispose of section townships 
numbered sixteen, or such lands as have or shall be ge- ^^3^ P^***^^" 
lected in lieu thereof, granted for the use of the inhabi- 
tants, for the use of schools, they shall make their wish 
known to the said commissioner by a petition in writinjy, 
which shall be signed by at least nine tenths of the free- p e r • ^ 
holders and householders of the township, and which shall jno- 
be signed pubiiclv, and of their own free will and ac- 
cord, at any 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 tliem previous to 
signing, whichoath shall be in writing, signed by the per- 
?^ons making the sanie, on tiie petition, or the same shall 
be annexed thereto. 

Sec. G, Upon petiiion as aforesaid, and it appearing „ . . 

to the satisfaction of the commissioner that nine tenths ggc. i6 mar 
of the citizens of the townsldp, as above, have signed be sold 
said petition fairly and free\y^ he shall proceed and ad- 
vertise tiie land for sale, giving at least forty days' notice 
previous to selling, particularly describing the land, the 
^"'me when, and the place where, to be sold, by posting 



152 SCHOOLS. 

Notice there- yp written or printed notices in six of the most public 
places in the county, nnd likewise by publishing the same 
in some newspaper, the nearest to the land, cither in 
the state, or any adjoining slate, as said commissioner 
ghali deem bei-t; and all yuch lands shall be offered and 
When and ^^^^ ^^ public vendue, at the seat of justice of the coun- 
wheresold ty in which llie land shall lie, and during the sitting of 
the Circuit Court, or the time said court ought to be in 
session, should tiie court not sit at ihc time stated by 
law, and in no case shall lie offer a greater quantity than 
eighty acres, or a h.alf quarter section, in one lot; and 
all subdivisions of tracts shall be made and sold as now- 
directed and observed by the Uiiiled States in selling 
public lands, by lines north and south, and all sales shall 
be conducted openly and fairly, between the hour of 
nine in the mornirig, 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 for persons to bid, and the same shall be strick- 
Price on off and sold to the highest bidder, and set down to 

him: Provided, that the sum bid shall amount to one 
dollar and twenty-fiv e cents per acre ; if that sum be not 
offered, no sale of such tract shall take place, but the 
same shall be set down and noted unsold. 

Sec. 7. The purchaser shall, during the day on which 
Faymcnt he purchases, or on the morning before the next d^y's 
_, .„ sale commences, pay to the commissioner, in gold or sil- 

>ale ancTpay-^'^^' coin, or notes of the bank of the United States, the 
meat amount of the land, or lands, 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, 
payment ^^^ ^\^q pm chasers name and place of residence: if 
and second in i 2. \ j i ^i 

,.^]g any person shall purchase any tract and not pay the 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 
Difference to tract, and not paying for it, shall be liable for the differ- 
be paid by ence between the first and second sale, to be recovered 
iirstpurchaser^^^^l^g use of the township, in the 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. S. Said commissioner shall make to the commi? 

Keport<.to sioners* court of his county, at every rcerular term there- 
county com. . "^ ^ .•^.•z' 11 111' 
court of? a true statement or return, in wntn^g or all tlie lands 

so, from time to time, sold, particularly describing the 

land, number of ncrcs, section, township, and range, price 



SCHOOLS. 153 

per acre for 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 the original shall be carefully filed and pre- 
served m said court; and said commissioners shall, in 
like manner, make out and forward, b}^ mail, every three Report to the 
months, to the auditor of public accounts, a similar state- =^'"'itor 
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 duty of the auditor to make out, in 
the name of the governor, and the same shall be signed 
by the governor, 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 shall 
private sale, after being first offered at public sale, which ^^^"^ 
shall completely vest in the purchaser, or purchasers, the 
fee simple, a sure, perfect, and absolute title to the land 
so purchased and patented; and the auditor, afh3r 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 
filed and preserved by said commissioner. 

Sec. 9. It shall be the duty of the auditor of public ac- Auditor an»l 
counts, and secretary o(" state, on request, to give offici-sec. of state 
ally, to any commissioner, so appointed in any count}^, 
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 

missioner so appointedi, to make a complete record, in a a record 

well bound book, or books, ot'all petitions, signers' names, 

&c. presented, praying for the sale of such school land, 

when he shall be clearly of the opinion that the same 

has been fairly obtained, and signed by the number of 

citizens above stated, and he shall determine to proceed wtt, ^ ., , ,, 
1 .• 1 .1 11 I /> 11 I *^ . What it snail 

to advertise and sell; and also a record oi ali 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 make an en- 
try, in a well bound b( ok, ol all moneys by him received on 

sales of laiid, and shall keep the money.and interest aris' s: , 

.X r , J r * I • 1 f^oansot mo- 

therefrom on loans made, or every township sepuaie ^? d aey 

distinct,and shall loan the same in like maniier, and i :*ll 

mortgages and notes taken, the same shall state to what 



151 



SCHOOLS. 



Secured by 
note or mort 
gage 



Additional 
secnrity 



Tntcrpst pay- 
able yearly 



Private sales 
of land 



Price 



township the same belongs: he shall loan all the moneys 
which shall come into his possession for the best and high- 
est interest he can get, and securing the same by taking 
good personal securit}', or by mortgage on real estate, 
and vA'hich letting shall be for one year, or a term of years, 
not exceeding five, and all sums loaned, viz: one hun- 
dred dollars, or any sum under 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 money, so loaned, properly belongs, and the 
interest agreed on shall be expressed and required to be 
paid punctually, every year, at the time specified, and 
which interest shall be paid over by said commissioner, 
annually, to the trustees, or such person, 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 
pale, and no sale shall be made un+il the same shall have 
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 his office, when the same becomes necessary: 
and he shall be allowed such compensation for services 
rendered under this act, and expenses incurred, as the 
county commissioners of his county shall deem just. 

[Approved, January 22, 1 829.] 



I5ry 



SEALS. 

AN ACT TO PROVIDE FOR ALL SEALS THAT MAT BE NECESSARY IN j^' FORCE 

THE SEVERAL OFFICIAL DEPARTMENTS OF THE STATE OF FEB. 19, I8i9. 

ILLINOIS. 

Sec. r. Be it enacted by the people of the State of Illi- 
nois^ represented in the General Assembly^ and it is hereby 
enaited 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 rrndi- 
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 s^^me 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 245 



1819, 



Sdc. 1. Be it enacted by the people of the state of llH- 
nois 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 



156 SECURITIES. 

of money or other property, shall apprehend that his or 
their principal debtor or debtors, is or arc 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 difficult hr such securi- 
ty or securities, after being compelled to pay the 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 
writing of his, her or their creditor or creditors, or his, 
or their assig-ee, forthwith to pat the bond, bill or 
note, by 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 diligei ce in the ordinary course of law, to recover a 
judgment for, and by execution to make the amount due 
by such boijd, bill or note, the creditor or creditors, or 
assignee so failii.g to comply with the requisitions 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. Tnat 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, 
his or their executors or administrators making the same, 
shall have the same relief that is herein before provided 
for a security or securities, wheii 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 officers. 

Sec. 4. That the rights and remedies of any credi- 
tor or creditors, against any principal debtor or debtors, 
shall be in no wise affected by this act; any thing herein 



SECLRITIE?. 

to the contrary, or seeming to the contrary notwith- 
standing. 

Sec. 5, That in 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 admitiistrators, upon any note, bill, bond or obligation, 
and the amount of such judgment, or any part thereof, 
hath been discharged by such security or securities, his, 
lier or their heirs, executors or administrators, it shall 
be lawful for such security or securities, his, her or their 
heirs, executors or administrators, to obtain judgment 
by motion against such principal obligor oi- 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, lier 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 more securities, it 
shall and may be lawful for the court, before whom such 
judgment w^as, 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 exc'cution against all and every of the 
obligors and their legal representatives, for their and 
each of their respective shares and proportions of the 
said debt, with the 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 deDiult, 
so as to distress his, licr 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 oj 
theii" iieirs, executors or administrators, other good and 
sufficient collateral security, to be approved of by the 
court before whom the suit shall be depending. 

Sec. 8. That in all cases where judgment hath 
been or hereafter shall be entered up in any of thr 
courts of record in (his state, against any person as ap- 
pearance or special bail, for the appearance of anothei 
to defend anv suit depending in such court, and the 



15' 



[58 SEMINARY LANDS. 

amount of such judgment, or any part tbereot, halh 
been paid or discharged by such bail, his, her or their 
heirs, executors or administralors, itj.-^hail 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 may 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 may have been entered up against 
such appearance or special bail: Provided always^ that 
no judgment shall be obtained by motion in any of the 
rases 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. 

Tw »^^«^ V, AN ACT TO IROVIDE FOR THE SALE OF THE SEMINARY LA>DS. 

JAN. l^, 13ii9. H r> • 7 J 7 I /• 7 rTtl- 

DEC. 1. Be it enacted by the people oj the state of lUi- 
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 
thejeminary ^^, ^-^^^ ^^^ ^.j^^^ purpose, the number and description ot" 
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, 
tence v/hen certified, shall have the same force and etiect in 

all places and courts, as other records. For the pui- 
pose of enabling the auditor lo make or complete such 
. record, the governor, when called on by the auditor for 
fy^the^number ^'^^^ purpose, shall, from time to time, ceitify to the au- 
Szc ditor, the number and description of each tract of semi- 

nary land now selected, or that may hereafter be select- 
ed, and tlie eviden.ce of which is. or muv be filed in his 
otlice. 



SEMINARY LANDS, 



150 



Sec. 2. The audiior of public accounts shall pro- ^"tlitor to 
ceed to sell to the liighest bidder, for specie or United '^'^^'^''^'^"'^ 
Statr^.-' paper, said x^emirary land^ except township five 
north, oiie v\^cst, or otler the same for sale, a<^ the door of 
the state house in Vandalia,on the first Monday of Oc- 
tober next, and coidinue said sales from day to day, iiatil 
the whole shall be sold, or offered for sale, he <>;ivii)g And give no- 
th.ree months notice thereof, in two public newspapers ^'*^® °^ ^^'^ 
printed in (his state, to be selected by iiim: Provided^ 
that said land shall in no case he 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- n,n<ie upon 
inj2; into the treasury the amount in cash for which said 1""^)'^^^"^ 
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 
jots of land in said purchaser or purchasers as aforesaid. 

Sec. 4. Should any purchaser or purchasers, fail to P'^yment not 
pay into the treasury, the money for which said land may '^^'"s n\ixde 

> J ■/ ^ J J gjj 1(3 void fiud 

liave have been sold as aforesaid, and to produce the jand re-sold 
treasurers 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 tor which it was first 
stricken off, the purchaser or purchasers so failing to Purchaser to 
pay as aforesaid, shall pay the diiference between the P^v ^^'^ '^^^'^'" 
iirst and second sale, to be recovered by action of debt,fJt''^^J;f2dgail 
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 a2;ainst the person or . ,.. ^. 

/».|. . p ..'-^ ,. 111! I Autiitor to St 

persons tailmg 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 v/ith the cast 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; 
Provided, that where there m< y be fractional quarters or 
fractional sffctions, the auditor may sell said fractional 



le 



sue 



100 SE3I7IVARY LAKDS. 

quarters or fractional sections, as he may deem best; 

but in no case shall more than eighty acres of land be 

otiered at one time. 

Lands which Sec. C. VV^.iere seminary lands are leased, the same 

have been ^\y^^\\ j^q^ b^ goid^ until the time for which the said land 

^*^"^^ may have been leased shall have expired, then the same 

shall be sold at regular sales, as herein provided. 
Pre-emptions ggc, 7, Ail persons who may have settled on semi- 
^eltkrs^ '^ ^^^y ^^"^ before the same was selected, their vendees, 
assignees or legal representatives, that are now in the oc- 
cupancy or possession of said land, so settled, shall be al- 
lowed the right ot 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: ^nd provided also^ that where any person or per- 
sons shall claim such right of pre-emption, he, she or 
Who shall thev shall file a written notice of the same, describing 
•'^ d^'T^i''^^ the lands so by him, her or them improved, occupied 
with the an- ^"^^ possessed, accompanied with an afEdavit, taken 
liitur 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 
said 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 seminary 
being uiado lands herein provided for, proceed to sell said land as is 
auditor to sell pj^eg^riijed j^ other cases in 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 cases of 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 i\iQ same being leased, or otherwise, the auditor shall ad- 
vertise the sa:d bmd 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 proreed in the same 
manner as is provided for at the fir?t regular sale. All 
lands not sol I at the regular sales, after the same shall 
Private sale hnive l^een offered, may be sold at private saje. Persons 



SEMINARY LANDS. 



161 



wishing to purchase at private sale, shall lile with the 
auditor of public accounts, a written apphcation, sta- 
ting his name, pi ice of residence, and the descrip- 
tion 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, ^he 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-five cents per acre, and producing to the auditor 
the treasurer's receipt for the same, the auditor shall 
make out and dehver a deed to said purchaser for said Deed 
land, a^ herein before provided for, and which deed shall 
vest in the purchaser the fee simple estate in said land. 
Said auditor shall tile and preserve said treasurer's re- 
ceipts, and enter in a book, to be kept by him for that Account oi 
purpose, the number and description of all land so sold ^^^®^ 
by him, also tlie date of each deed and the name of the 
purchaser. The treasurer shall also enter in a book, by Ami pay- 
him provided for that purpose, the number and descrip- n^ei^ts 
tion of each tract so sold by the auditor, the purchaser's 
name and the sum of money paid for the same, and shall 
aisotile and preserve the auditor's 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 -ill other moneys, but the same shall be charged in a '"^'^^"^y 
separate account, and shall never be disposed of by the And app]ie<! 
General Assembly to any other use or purpose whatever, '-^ education 
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, from 
time to time, as moneys may be received from the sale of To vest smd 
the atbresaid seminiry lands, to vest said monevsin some "^^'^^^^ 
productive fund or stock, such as they mav deem most 
advisa!)le, and upon such interest, and upon the best 
terms they may be able to ob'ain; and they are hereby 
authorized to draw upon the treasurer of the state for 
said money, for the purpose aforesaid: Provvled also, 
that they make report to tiie General A^sem'oly, at And report ta 

the commencement of each rej^ular session, of their pro- V^^ General 

V , , . . , . " ^ , ' i Assembly 

ceeumgs toucnina: said semiiarv funds, '^ 



162 



SHOWS AND JUGLERS. 



Laws repeal- g^.^^ ^^^ ^H ^.^^g ^^^^ ^.^.,^^8 of laws, which authoF- 
izfd seminary la-.ids to be leased, are hereby repesiled. 
This act to take effect from and after its passage. 

[Approved, Jcnmary 12, 1829.] 



-^_^-^Q^^. 



SHOWS AND JUGLERS. 

AM ACT TO PROHIBIT SHOWS OF WAX FIGURES, TRICKS OF 
O FOIiCt, JUGLERS, &C. 

>IAT 1, 182V, ' 

c. ^ r^,. Sec. 1. Be it enacted hy the people of the state of Illi- 

for pay pre- nois^ represented in the General Assembly^ That no per- 
Jiibited gon or persons, shall be permitted to exhibit any shows, 

wax tiijures, or perform any feats, such as circus riding, 
or exhibitions, or anything of the like nature, or per- 
form any tricks, such as are played hy persons generally 
known by the name of thimble players, rope and wire 
dancers, slight of hand with cards or cups and balls, 
unless the same be shown and performed by such 
person or persons, without fee, charge, or compensation 
therefor, either directly or indirectly; and if any person 
or persons, shall wish to show, exhibit or perform, as 
above stated, and charge therefor, he or they shall previ- 
ous thereto, apply to the treasurer of the county, who 
ed and tax"d shall direct what sum shall be paid therefor, not less 
than five, nor more than one hundred dollars, for the 
term of time agreed on, which shall not exceed two 
weeks in the county^, and on payment of the sum requi- 
red, the treasurer sliall give a receipt therefor, which 
shrill hv. presented to the clerk of the commissioners' 
court of the county, and on payment of fifty cents fee to 
said clerk, he shall give a permit to such person, to 
show, exliibit, and perform as aforesaid, for the time 
a^^re' d on hy the treasurer, and the said clerk shall file 
said receipt and charge the treasurer with the sum re- 
ceived into the county treasury: and if any person or 
persons shall exliibit any shows, wax figures, circus 



SLANDER. 



6;^ 



nding performances, or any sucli thing, or perform and Penalty for 
play any such tricks as above described, and shall charge ^ ^^^^"^ 
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, for each and 
every such offence, any sum not less than ten, nor more 
than one hundred dollars, to be recovered by action of 
debt before any justice of the peace of the county, in 
the nam-j of the county commissioners, or county trea- 
surer, for the use of the county, with co^ts of prosecu- 
tion. 

Sec. 2. If complaint be made on oath, in writing. Manner of 
by a county commissioner, treasurer, or any citizen ofP'^^^'-'^"*"^* 
tlie 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 
affid'ivit be not made, a summons shall be issued. 

This act to be in force on the-tirst day of May next. 

[Approved^ January 23, 1829.J 



SLANDEKv 

A^ ACT DECLARING CERTAIN 1V0RDS ACTIONABLE- ^^' *0.^E, 

DEC. 27, 182^. 

Sec. 1. Be it enacted by the people of the state of Illi- 
nois represented in the General Assembly^ That if any Y^'"J^''^,^^°^^^ 

^ M r \ ^ ^ i i- i i i • i declared ac- 

person shall iahely 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 deemed slander, and shall 
be actionable, to charge any person with sweariner false- ^ . , 

ly, or with leaving sworn falsely, or for using, uttering or declared dau 



' "^ STATE FAXK. 

usedincon^^'^^^^^^^^"^ words of, to, OF concerning any persoa,. 
ver=Jtion°or ^^'^^h in their common acceptation, amouut 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 this law shall take effect and be in 
force from and after its passage. 

[Approved^ December 27, 1822»] 



-^sO^- 



STATE KAMI. 

AN ACT SU?PLE.^IE^TAL, TO " AN ACT MAKING APPROPRlATIO>g 

Jar. 28 182G. for the year 1825 a.md 1026," approved, January 18, 1825. 

* vf ^ % H- -H- * ^ * 

^ , ,. Sec. 5. That the twenty-hrst section of the " act 
Courts prohi- . . , , i *^ .. v it 

inted from concerning judgments ana executions, approved, Jaiur- 

scaling debts ary 17, 1825, as well as all other acts or parts of acts 
due the bank Y^'j^jcji j^^j 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. 
A further pro- Sec. 6. That in all cases where judgments may 
vision relative have been rendered by any court in this ytate, upon any 
to bank debt ^^^^^ bond, bill, obligation, mortgage, or other security, 
heretofore made to the state bank of Illinois, by redu- 
cing the number of dollars, specified in such note, bond, 
bill, obligation, miortgage 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 officer collecting said execution, to collect 
the same in paper of the state bank^ or auditor's war- 



STATE BANK. 1^^ 

rants or specie, at the election of the defendant: or in^ r*^^n %® 
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. 

[Approved^ January 28, 1826.] 






AN ACT TO REPEAL A PART OF THE ACT ENTITLED "AN ACT in FORCE, 

SUPPLEMENTARY TO AN AOT 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 
Illiaois^ represerded in the General Assembly^ ^ That so 
much of the third seclion, of the act entitled "an act 
supplementary to an act establishing the state bank of 
llhnois," approved, Jatuary 10, 1825, as requres, previ- 
ous to burning state paper, that the cashier of the prin- 
cipal bank shall make a list of the numbers^ letters^ and 
date.o^ said notes, be, and the same is hereby repealed. 

[Approved^ January 2, 1 829. j 



-— T3^^^^ 



/ 



AN ACT RELATIVE TO THE CLAIMS OF THE STATE BANK OF in FORCE. 

ILLINOIS. JAN. 23, 1829. 



/ases m 



Sf.c. 1. Be it enacted by the people of the state ofci.... 
Illii '.h rtj)-re,^fiated in the General Assembly ^ Thai T'Woxi^ Sh 'wneetown 
as L. Po'^ey, Cashier of the branch of the state bank, a *^^^,lp'^*j^^" 
Siiawneeiown, and the state's attorneys of that circuit, banr& iodi- 



16G STATE BANK. 

viduals may ^g j^^^j (\^Qy a^g hereby authorized to remove all cases 
by ap"peaf&ctnecl before justices ol the peace, in Franldin cou.ity, 
and in all the counties connposing said branch bank dis- 
trict, between the said bank and individuals, wherein 
thejudgnnent 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 state's at- 
Further po^- ^Q^ney find it impracticable, in their opinion, to succeed 
touchino- in said causes, by such means, then said cashier is hereby 
judgments al- authorized to receive all moneys, that have been, or 
ready *"^""er-^^Y l^^ collected upon judgments already rendered, and 
receipts in full fur the same, to the person or persons, 
paying said money* 

[Approved, Janunri/ ^3, 1829.] 



Ali ACT TO AMEND ''AN ACT, SUPPLEMENTARY TO AN ACT KS- 
^-^I?^^o^Va TABLISHIKG THE STATE BANK OF ILLINOIS," APPROVED, 

JAN. 23, 1829. ,^ .n^r 

' JANUARY 10, 1825. 

Sec. 1 . Be it enacted hy the people of the state of Illi- 
Debtors to the »^o?'^^? represented in the General A, semhly, That every per- 
bank allowed son who is indebted to the state bank of Illinois, or any 
three years ^^f j^g branches, by default at this time, cashiers and col- 
lectors excepted, shall be allowed to pay such debt, or 
debts, in three equal annual instalments, the last to be- 
By ^executing ^^^^ due on or before the first day. of May, 1832, by 
executing to the said bank a note for each instalment, 
with such security on each, as the cashier, on the recom- 
mendation of the clerk and sherifFof the county, where 
the debtor resides, shall approve; which notes shall be 
sicrned by the security as principal, and be liable as such, 

Kormofnote ^^^ ^^ ^^^^ as may he in the following form: " 

months after date, we, or either of us, promise to pay the 
president and directors of the state bank of lUinois, 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-.. 



Costs first 



STATE BANK. J^^ 

iS the case may be) payable with interest from the date, 
for value received. Witness our hands and beals this 

day of 18 — ." Provided, if any such 

note shall be paid on or before the day it shall hecome 
due, said interest shall be remitted, hut if any such note Interest, when 
shall not be puiiclually paid, the same shall be charged ''^"'^'^*^^ 
and collected: Provided^ further, where suits may be 
pending, or judgments already recovered, the costs shall ^^*^.^P 
be first paid or satisfied to the bank, or the officers enti- 
tled to the same: vt^here there is a mortgage, the same Morto:ages 

shall not he considered as in any wise affected or impair- ['^<^ "^eluded 

1 1 . J • \. 1 .i ^ t)y this act 

cd by this act, or tlie proceedings under it. 

Sec. 2, There shall be allowed to all bank debtors Time allowed 
whose notes are now due, oragainsl whom judgmen.tsmay to have ad- 
have been recovered, U'Uil the first day of September y/^^^^^f ° 

• 1.1 I /• I • • /- i! ■ 1 this act 

next to avail tnemselves of the provisions oi this act, and 

to all other persons indebted by note, or mortgage, until 
(he next regular call, or discount day: nothing in this act 
shall be so construed as to prevent the cashiers fionh pro- 
ceeding in their collections as heretofore: When ^^tiyp^ts* u 
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 any branch ; or if any judgment shall have been ' " ^^I^^ ^^^ 
obtained, to directthe clerk, or proper officer, to enter 
satisfaction of the same. 

Sec. 3. Any property that may have been, or that Person having 

may hereafier be bought in by the bank, or either of its*'^^"shtofre 
11 1 -iu • 1 i J dem!)ticn 

branches, 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 the same, shall have the privileges 
extended to him, or her, as is provided in the first and 
second sections of this act: Provided^ in 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 full, the cashier shall execute a deed in fee 
simple, to the person, for the property so paid for. 

Sec. 4. After the first day of September next, so soon Property 
as the cashier shall obtain a deed for any property thatbonehtby the 
is not secured according to the foregoing sections, he '^"'V''^ '^^^ 
shall proceed to sell the same at the door of the court 
house in the county it lies in, by giving four weeks pre- 
vious notice in a public newspaper, advertisi-sg it on the 

door of the court house wherein such property is to be „ , - 

II j-^ r 4 J .u • , Bond for pur- 

sold, on a credit of one, two, and three years, in equal ^hase money 

instalments, taking bond and security for the amount of 



168 STATE BANK. 

surh sales, which bond he is to file in the clerk's office 

ot tiiC couijly where such property, so sold, is situate, 
'^f?r?^f'*^^ which bond shall have the force and effect of a leplevj 
pltvy bond hond: and when sucli bond becomes due the clerk may 

is^^ue execufion, and direct it to the proper officer, who 
Execution to gj^^ij p,.Qf.^^(.(i (Q collect the same as in other cases. There 
i3sue thereon . , ^. , , , , • . i- n i 4. 

IS hereby declared to exist a lien on all such property, so 

pertv sohr*^' ^^^^^^ ^" favour of the said bank, for the eventual pay- 
ment of the purch.ase money, as an additional see urity 
therefor; and on full payment being made, the cashier 
Deed, when shall execute a deed to tiie 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 
^'^ time within three months after the rendition of such 

judgment, by 'he cashier filing with tiie clerk of the Cir- 
cuit Court, in the county where such judgment may be, 
a copy of such judgment, and all appeals heretofore ta- 
\ 1 here- ^"-^'^ ^"^^ ^")' 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 bar.kis liable for 
Costs how fees 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 the treasury, 
at tiie time the services were rendered. And in all cas- 
Acconnt of es it shall be the duty of any officer who may have the 

V-^If^l) r^r. collection of any money due the state bank, or any of its 
kinds or mo- -^ ■^ ' 1 • 1 

neys received branches, to keep an account ol the ditierent 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: any officer 
failing to comply with the provisions herein set forth, or 
the requisitions of the above recited act, shall be liable 
to pay one thousand dollars for each neglect. 

Sec. 6. The office of the cashier of the principal bank 

Cashier of -^ hereby abolislied, and his duties shall hereafter be 

bulk abolish- discharged by the auditor and «^tate treasurer; and it 

ed shall be the duty of thesaid <'a^hier of the principal bank, 

on or before the first dayoi'Manh next, to deliver over 

To deliver ^q the treasurer all the books, papers, notes, accounts, 
.papers, &c. j-. ? a i ' ' 1 • • u 

' ^ ' money, auditor s warrants, and prop<^rty, many wi«5e be- 

longing to said insiiiuiion, and taki their rereip*? for the 
same: and the trcfi^urer is horrivv reqnir d 'o e^ 'er a 
Credit, in favour of the said bank, for the amount of war- 



STATE B4NK. i09 

rants so received, and proceed to have the same cancel-' 
led as in other cases. 

Sec. 7. The treasurer shall discharge all the duties Trpasurer to 
required of the cashier of said bank by the act establish- pfrfonn the 
in^^ the state bank of Illinois, and the cashiers of the dif-fj',*'^'''^ '''''^^" 
ferent branch banks, annually, are required to pay over p 
to the treasurer ail moneys by them collected, in the same mau'eto him 
manner, and under the same regulations, as are required 
by the provisions of the above recited act. 

Sec. 8. Any person indebted to the state bank, or any intcrpst re- 
of its branches, who shall, by the first day of July, 1830, ^f^'^spfl '" ca!=o 
make full and complete payment for all notes, judgments, ^^ 'igsn'^"^ 
and mortgages, that may be held by said bank against " 
them, shall be released and discharged from the paj'- 
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 bank wishes to 
take the benefit of the provisions of the first section of 
this act, by giving additiojial 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 sliall on or before th.e 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 
first 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. effect, from its passage. 

[Approver], January 23, 1829.] 



17^ 



STATE HOUSE. 

AN ACT PROVIDirVG FOR THE SUPERIIVTENDENCE OF PUBLIC PROP.- 

tN FORCE, ERTY IxN THE TOWN OF VANDALTA. 

FEB. 12, 1823- 

Secretary of ^^^' ^* ^^ ^^ enacted f/y the people of ike state of 
State to take Illinois represented in the General Assembly^ That the 
cure of the secretary of state be, and he is hereby, authorized and 
public proper- j,^^,jj^.^^^ lo take possession of, and cause to be kept in 
good repair, daring each and every recess of the Gene- 
ral Assembly, the state house at Yandalia; and the sec- 
retary of the senate, and clerk of the house of repre- 
eierks of the ^^"^^^'^^^' '^^^ hereby required to have a correct inven- 
legislfiture to tory made of all the furniture and other things, that at 
give certifi- the Hsirig of each, and every General Assembly, may be 
cfes^af^ereach ^^^-"^ ^'^ ^^^^ s(ate house aforesaid, and thereunto belong- 
sessioD. i'lg; and deposit the same in the office of the auditor of 

public accounts. 

[Approved^ February 12, 1823.] 



— '^^OF^ 



IN FORCE, AN ACT TO PROVIDE FOR REPAIRING THE STATE HOUSE, ANf 

1 4.N 23 1 829 

' ' BANKING HOUSE, IN VANDALIA, AND FOR OTHER PURPOSES. 

State house to Sec. 1. Be it enacted by the people of the state of J Hi- 
be repaired fiois^ represented in the General Assembly^ That 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 and about the 
same, as they shall deem necessary; and the auditor shall 
issue his warrant on the treasury for the cost of the same: 
Provided^ that the expense of the same shall not exceed 

,x. „„f^,. * four hundred dollars. 

Directors to ~ it 

have the state oEc. 2. i nc president and directors of 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 ar^ hereby released from any liab'lity to refund 
the sums expended b) their direction, in repairing said 
banking house, in the year 1 828. 

{Approved, January '2^^ \Z2^.] 



171 



SUITS BROUGHT BY Oil AGAINST THE STATE. 

AN ACT DIRECTING THE MODE OF FRINGING SUITS, BY OR AGAINST '^ FORCfci 

THE STATE. JUNEi, l^ 

Sec. 1. Be it enacted by (re people of the state of ////-Auditor to 
nois^ represented in the Genera' Jissembly^ That it shall ^"t" -'"'^ be 
and may be lawful for the auditor of public accounts off^'j^ '? th^" 
the state of Illinois, to sue for any demand which the state 
people 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 defeod and to be defended, in any 
court of record, or other place, where justice shall be 
judicially administered, in the name of the auditor of 'To be sued at 
public accounts, for the people of the state of Illinois :*^'^^^'^^ "^ 
Provided^ that the auditor shall not be liable to be sued onlj"^'"*^° 
in any other county than tliat in which the seat of gov- ^uty of at- 
ernmentis situated. And the attorney general of this*'^ general 
state shall prosecute and defend all suits brought bv, or 
agamst, the auditor oi public accounts, as is prescribed 
by law. From all judgments, so rendered, appeals may Appeals 
be taken to the Supreme Court, and it shajl 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 Jud?:"ient not 

the auditor, in his representative capacity, ])ii]d him ner- ^^ ^'P,*^ 1^'^''" 

II u 1 • iu Ox . ,-1 1 *^ ' sunulJy ttr be 

sonally, or be conckisive upon the State, until the same condimve 

shad be examined by the General Assembly. In cases General As- 

of appeals by the Auditor, he sh.'dl not be required to ^'"^^^'-y. *^ ^^^ 

u :i '4- ' i\ 1 ^ "^ amine it 

give bond, orsecuritv,as m other cases. 

Beg. 2. When judgment shall be rendered against Auditor to re- 
the auditor of public accounts for the state ol Uii-iois, it poi"t thejudg- 
shall be his duty to forward a copv of such ludHment. 'P"""* '.", ^^'^' 
and proceedings thereon, to the next General Assembly, Who may act 
and if approved by the same, an appropriation shall be thereon 
made to satisfy the same, or sucli part thereof as said 
General Assembly may deem just. 

Sec. 3. The act, entitled "an act directing the mode 
of bringing suits, by, and against the slate, counties, Acts repealed 
townshfps,a]id other corporate bodies, and for other pur- 
poses," approved, March 23, 1 81 9, is hereby repealed. 
This act to be in lorce, from and after the first duy of 
June next. 

[Approved^ January 3, 1829.] 



172 

SURVEYORS. 

as act regulating the appointment and duties of oountt 
In force, 

JUNE. 1, lii-29. SURVEYORS. 

Sec. I. Be it enacted by the people of the state of 
County sur- Illinois represented in tht General Asstembly^ That the 
veyors how house of representatives shall nominate to the senate a 
appoin e suitable and fit person, to discharge the functions of sur- 
veyor, in each and every county in this state; and if such 
nomination be confirmed b}^ the senate, it shall he the 
duty of the governor to commission such person so ap- 
iio •ed^'"™^^' P"hited, to continue in office during good behaviour: 
•lie :e«s ap- Provided, that hereat^er when the General Assembly shall 
pointments j^^f l3g jp 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 until the end of the next session of the 
Absence from General Assembly thereafter: Provided^ that ai absence 
ihe county from the county for nine months at any one time, sliall 
be considered a sufficient cause to declare the office 
vacant unless the surveyor's family continues to reside 
in the county, 
^ath Se^c, 2. Each and every surveyor shall, previous to 

his entering upon the duties of his office, take an oath 
that he will in all things, as couiUy survoor, perform 
the duties of his office to the best of his skill and judg- 
ment, without favor or atfection; which oath may be ad- 
By whom ad- "^if^'^^^ered l)y any judge, or justice of the peace, i:i the 
ministered county to which such surveyor is appointed, and siiall be 

endorsed on his commission. 
Duty of sur- ^EC. 3. It shall be the duty of tlie said county sur- 
veyor veyor to make all surveys, within the bounds of his coun- 
ty, tijat he may be called upon to make, either by him- 
self, or a depu!y prop^^rly authorized by him, and com- 
petent to perfoim thv dutv, within a reasonable time 
after application is made to him. 

Sec 4. E^ich and every surveyor may appoint one 
Deputies or more deputies to assist him in the performance of the 
duties of his office: Each r'eputy shall take an oath 
similar to tUi^i previouslv take:> by the survcvorhimself; 
and the s^irveyor siiali be responsible for the official acts 
of his deputy. 



SURVEYORS. 



m 



Sec. 5. All chainmen necessary shall be employed ^^^'"°^^" *" 
by 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 the 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 field 
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 ^aade 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 tree? 
their course, and distance: and where there are no trees 
within a reasonable distance, the surveyor shall perpet- 
siate his corners by erecting mounds: Provided^ that in Mounds 
all cases v/here it shall appear practicable, the surveyor 
shall require the person having the survey made, to 
Jurnish suitable stones; and at each and every corner Corner stones 
made and established, a stone shall be permanently placed 
in the ground, and in such cases it sh;<ll not be necessa- 
ly to erect mounds; and shall moreover furnish the pro- Proprietor to 
prietor of every tract of land, wqth a copy of the original ^uh theori- 
iield 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 bound book, in which he shall 
carefully and legibly record and note down every sur-R-ecord 
vey made by him, giving therein the name of the per- 
son, the survey of whose land is so recorded, and J^V ** ^^^^h 
describing as near as practicable, the metes and bounds 
of the land, and noting the date on which the survey was 
made: and such record r:hall be subject to the inspection ?"'!^' ^^ ^"^' 
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 pnm(7y«c/e evidence in any court of facie evidence 
record in this state. 

Sec. 7. It shall be the duty of every county survey- To be deliver-. 

or, or other person haviDor the oth(ial record of surh ^** '° succes- 

~ sor 

surveyor in his possession, to deliver up the said record 

to his successor, whenever he may be applied to for that 

purpose; and everv person who having possession there- Penalty for 

of. will refuse to d.diver the same to such successor, "^^ ^°'"S «8 

when demanded, shill forfci- and pay one dollar and 

fifty c(» <'s for ev^Tv dav he Tiay 'ietain it a^ter demand, 

to he 'orovered by aav person who will sue for the How recovei-' 

same, before any justice of the peace of the proper ^^ 

H 



174 TOBACCO. 

county, one half to the u«e of the person suing, and 
Record not the other half to the use of the county. No act or rec- 
conclusive ^^^ ^^y ^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. 
Fees 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. 

\j.dpproved^ January 14, 1829.1 



-^^JOT^ 



TOBACCO. 

IJN" FORCE, A> ACT ESTABLISHSXG AND REGULATING THE I^SPEC^IO^' OF 

IKS 12 IR'Q. 

' TOBACCO IN THIS STATE. 

. . arehouses 

Sec, 1 . he it enacted hy the people of the state of lUi- 

nois^ represented in the General Assembly^ That it shall 

be the duty of the county commissioners' courts, in the 

several counties within this state, from time to time, io 

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 



TOBACcc. ^'^y 

persons, who shall apply lor permission to erect the same pj^-^g fo^ per- 
to give bond, with sufficient security, in a reasonable mission to 
penalty, payable to the county commissioners of said erect them to 
county, or their successors in office, for the benefit of the 8^^'^^^°"^ 
county, with condition to erect such strong and substan- 
tial house or houses, as will contain at 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. Ail tobacco which shall be brought to any Duty of iu- 
of the warehouses, established as herein before directed, ^P^^^®"" 
shall be received, inspected and examined, by one person 
to be thereunto appointed, wiio shall be 0«iicu ins^ciU.y, 
and who shall be appointed in the following manner, 
to-wit: The county commissioners of the several coun-^^^^PP*^^"^^" 
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 ^^^^^^.^^ 
next succeeding term, to appoint a person of honest j^ow 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, resignatioii, or removal, appoint 
a person, qualified as aforesaid, to act as inspector for 
that inspection, where the vacancy shall have occurred, 
until the next regular appoiiitsnent of inspectors, and 
every inspector shall continue in office until a successor 
is appoisited: Proviii ed, ilvit the county commissioners' 
court may. if they deem it necessary appoint one addi- Additional 
iional inspector to each and every public warehouse ^"^P^'^^^'' 
within the county. 

Sec. 3. Kv^ry person who shall be appointed inspec-To give bond 
tor by virtue of this act, shall, before he enters upon the 
dudes 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 oflice 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. 



penalty, against every inspector failing to discharge the 
duties of his ojffice, agreeably to tne provisions of this 
act, before any tribunal having jurisdiction thereof, 
within tvN^o monthsafter notice of such failure, under the 
penalty of five hundred dojlars. And every inspector 
shall also take the following oath or aflirmatlon,in open 
Oath of in- Court, at the time he executes his bond, to-wit: " You do 
spcctor solemnly swear, (or affirm, as the case may be,) that you 

will 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 which is not in your opinion sound, well condi- 
tioned and merchantable, free from trash, and that in 
iJasiing the 5f»rr^e, you will according to >our best skill 
and judgment, make a true and correct discrimination be- 
tween the tirst and second qualities, and that you willnot 
receive, pass, or stamp, any hogshead or cask of tobacco, 
contrary to the true intent and meaning of the laws in 
such case made and provided, nor retuse any 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 
hogsheads, or casks, for v/hich 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- 
cording to tlie best of your skill and judgment, and 
according to law, without fear, favour or affection, mal- 
ice, or partiality: So help you God." And if any per- 
son shall presume to execute his office of inspector, be- 

^•^ivfnc^b^nc/"*^^'^^^^ ^^^^^^^ ^^^^^ given such bond and taken such oath, 
und taking aforesaid, he shall forfeit and pay five hundred dollars 
oath for the use of the county. 

Sec. 4. The inspectors of tobacco shall attend at 

Inspector to their resp.ective warehouses whenever called on (Sun- 
receive and J j-i 4]\i. u- • r 
deliver tobac- "^7^ ^^'^ sicknees excepted) by any shipper or raiser ot 

eo tobacco, to deliver out for exportation such tobacco as 

remains in the warehouse^ and to irspect any tobacco 
brought to said warehouse; and every inspector neg- 
lecting to attend when requested, as aforesaid, shall 
renaity 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 m.arks 



TOBACCO. 



177 



and owners' names of all tobacco, brought to their res- What it shal* 
pective warehouses for inspection, in the order in which ^"" ^*" 
the same i^hall be brought in, and such inspector si lall Manner of in- 
'l^iew and inspect the same, in due time, as it shall be en- spection 
tered in such book, without favor or partiality, 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 wiiether sucli tobacco is of the 
tirst or second quality, shall weigh ihe same in scales. Tobacco to be 
with weignts of the lawful standard, and shal. stamp ^'*^i?hed 
or mark with a scoring iron, the hogshead or cask, ^"^ ^^^''^^'^ 
with tiie name of the owner, and of the person bj 
whom raised, (if known,) the name of the warehouse at 
which inspected, and also the tare of the hogshead or 
cask, the quantity of net tobacco th(»rein contained, and 
whether the same is of first or second quality: he shall 
also issue a receipt for each hogshead of tobacco he 
shall pass, if requested by tlie owner, which receipt shall Receipts to be 

be in the following form to-wit: ''At warehouse, ^'^^" 

county ol , this day of received of ,^o''«^ thereof 

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 ?aid ^- — or order, 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 priated, or writtejj in a plain hand, and To be printed 
according to the above form, under tlie penalty of one or wnlten 
hundred dollars, recoverable by any person who will sue 
for the same. 

Sec. 6. When any tobacco shall be refused by the Tobacco refu- 
inspector, the proprietor thereof shall be at liberty tosed 
separate the good from the bad fQv 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 J^^^^ disposed 
mark the gross weight on each cask, and take care of 
and deliver the same to the owner, for which the inspec- 
tor shall receive one dollir for every hogshetjd so deliv- 
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, specijy- 
ing the weiglitof 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 suchmnn- 
Sellin^refus- i^est, he shall forfeit and pay the sum of fifty dollars for 
ed 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 shall be lawful forany 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, 
anoth^"^^ ^° ^' ^^ destroying the manifest, he may grant a receipt, as is 
hereinbefore directed, or shall grant another manifest 
(for which one doliarshall be paid) expres>ingthe review 
and that it was the second time refused, after which 
second refusal, the owner shall not be permitted to car- 
ry the tobacco to any other warehouse for re-inspection 
but may either have the same picked, or sell the same 
as refused tobacco, accompanying it with the manifest. 
Fe^stoin- ^^^' ^* ^^^^O' hogshead of tobacco inspected at any 

spector 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 
warehouses aforesaid, the shipper, or exporter, when he 
demands the same for exportation, shall pay the inspec- 
tor the further sum of one dolh^rin full for coopering and 
storage, for the first three months, and for each and every 
month, thereafter-, the same remains in the warehouse, 
he shall be entith-^d to twenty-five cents, to be paid when 
the tobacco is taken away; and tlie said inspector, out 
of the monev arising from inspection and shipment of to- 
T]o owner of bacco, shall in the first instance pay to the owner, or 
> are ouse proprietor of the warehouse, seventy-five cents, for every 
ho:.s''ead received thereat, as rent for said warehouse, 
and shall retain the residue for his own compensation i— 
Provi'^/er/^such rompensation shall in no case exceed two 
hundred dollars per annum: and whenever the net pro- 
fits of any warehouse 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- 

inspc«tor to fit of the county. And every inspector shall, once a year, 

make return .Jinf 1/ /.,, ^ .. , 4.i* 

eora. court ^^ ^"'^ March term of the county commissioners court ol 

his county, return t© the said county commissioners* 



TOBACCO » 



179 



court a statement of tlie number ofhogsheads of tobacco 
received at his warehouse during the year, the number 
passed, and the number relused, and the number dehv- 
ered for exportation; and sh.all account to said county 
commissioners' court for all monejs received by virtue 
of his otHce, and all disbursements made; and if any in- 
spector, or keeper of a warehouse, shall make a false re- 
turn, he shrdl be liable to indictment, and on conviction 
shall pay a line 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- Diii<vence re 
ery hogshead of tobacco, which he shall have inspected quired of in- 
during the day, and shall, in case of negligence, be lia- ^r*'^^^^ 
ble to the action of the proprietor of such torjacco, for 
all damages accruing thereto, by reason of such negli- 
gence. 

Sec. 9. When any new inspector shall be appointed at Successors to 
any warehouse, such inspector shall, and he is hereby 't3<( mt to 
required, to give to the person whom he shall succeed cgsgors^^ 
in office, a receipt under his hand, containing the num- 
bers, marks, gross, tare, and net weight of all and every 
hogshead, or cask, of tobacco, which shall be then re- 
maining at the warehouse at which he is appointed in- 
spector; with the delivery of which hogsheads, or casks, 
of tobacco, so remaining, he shall thenceforth be charge- 
able and liable, but lie shall in no wise be accountable 
for the loss of weight or quahty of tobacco, contained in Loss of weight- 
aoy hogshead, or cask, for which 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 inspector, from the 
time of such delivery, shall be for ever discharged and 
acquitted from all actions, costs and charges for, or by 

reason of the tobacco contained in any such hoi;shead, ,^ 

lu- J J ^ A u^ ri Unsound 

or cask, being unsound and unmerciiai^^uable, or oi less 

quantity, or of diiferent quality, from that specitied 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 „iyg receipts 
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 uninspected tobacco: ev- 
ery inspector refusing so to do, shall forfeit and pay to 



180 TOBACCO. 

the owner of said tobacco five dollars; provided, s\ich de 
livery is made during the time inspectors are compelled 
to attend their warehouses. 
Lost receipts Sec. 11. If any inspector's receipt shall be casually 
lost, mislaid or destroyed, the persons or persons, entitled 
lo receive the tobacco, by virtue of any such re( eipt, shall 
m'lke oath before some justice of the peace of the county 
where the same is payable, to the number and date of 
sucli receipt, to whom and where payable, and tor what 
quality of tobacco the same was given, and that such re- 
ceipt is lost, mislaid, or destroyed, and that he, shp, or 
ihey, at the time such receipt was lost, mislaid or des- 
troyed, was lawfully entitled to receive the tooacco 
therein mentioned,and shall take a certificate tlierev'f from 
owsuppie g^^j^ justice, and shall advertise the loss of such re- 
ceipt at the court house of the county in which such in- 
spection mav be, on the court day, and at the inspection 
where the tobacco was bou.£ht, for four weeks success- 
ively, and shall moreover give bond, with sufiicient se- 
curity to indemnify the inspector from loss by the claim 
of the person who may thereafter produce the origiiial 
receipt, within twelve months after the <]Otice given of 
the loss thereof: whereupon the inspector shall grant a 
duplicate of the same receipt to the peisoi- or persons en- 
titled to receive the tobacco, by virtue of the original 
receipt, a-id not otherv/ise, which receipt shall be sign- 
ed- as duplicate: iUe bond so taken shall be assignable 
by the inspector taking the same to the person produ- 
cing the orififinal receipt, who may maintain an action of 
debt thereupon, and such assig: ment shall exonerate the 
inspector from any claim or demand against them, by 
virtue of the original receipt: Pmvided, nevertheless, 
that if the principal and security should, at the time of 
taking such bond, l^e insufficient, then, in that case, the 
inspector shall be responsihle for the value of the tobac- 
co to the person producing such ori2:inal 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 satfer as in cases of wilful and corrupt per- 
jury. 
Entry of g^c. 12. Every inspector shall carefully enter in a 

be^r« &c^^°^" t)Ook, to be kept for that purpose, the marks, numbers, 
gross, tare, and net weight of all tobacco, viewed and 
stamped by them, as herein before directed, and on what 
vessel, or boat, the sanne 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 tobacco then delivered, to 
be given to the master ol the boat, or vessel, in which the 
same sliall be shipped. 

Sec. 13. All stemmed tobacco not laid straight, 'whe-Lawfdl and 
ther the same be packed loose, or in bundles, shall beiJ»l^wru) tn,- 
accounted unlawful tobacco, and no tobacco packed in ^^^^^^ ^"*^*- 
hogsheads which exceed fifty- four inches in the length 
of the stave, or thirty-six i»iches at the head, within the 
crozi}^ making reasonable allowance for prizing (which al- 
lowance shall not exceed two inches above the guage) 
in the prising head, and which shall be bound with eight 
hoops, shall be passed, or received, but the owner of such 
tobacco, packed in liogsheads, 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- ^ , , . 
liver out, any hogshead of tobacco, other than the one for delivered 
which the receipt to be taken in was given, shall forfeit 
and pay one hundred dollars for every hogshead so alter- 
ed, clianged, or delivered out; and if any i.^spector shall 
fail or refuse to deliver any hogshead of tobacco, when 
the same shall Lr? demanded for exportation, or shall de- 
liver such tobacco without an order from the owner 
thereof, he shall iii either case forfeit to the owner dou- 
ble the value of the tobacco which he shall so refuse to 
deliver, or deliver wrongfully. 

Sl'c. 15. Any inspector who sIkiII take, accept, or re- 
ceive, directly, or indirectly, any gratuity, fee, or reward, u^u^|.^7 ^^^ 
for any thing so done, in pursuance of this act, other 
than the 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 office: and if any person shall offer any f'or 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 expiessed, such 
person so offending, upon being thereof convicted, shall 
forfeit and^ pay one hundred dollars, for the use of the 
county wherein the offence shall have been committed. 

Sec. 16. Any person who shall alter or change the face Forging note, 
of a note, for passed or refused tobacco, or who sliall receipt, 
alter or cause the stamps or m.arks on any hogshead of ^^^™'^'' ^^* 



J 82 



TOBACCO. 



inspected tobacco, whether passed or refused, shall be 

deemed guilty oi" forgery, and punished as in other cases 

of forgery. 
Prize to be Sec. 17. Any person who shall erect a warehouse in 

erected pursuance of this act, ?hall, in addition to the requisitions 

herein before mentioned, be required to erect a strong 

And weigats ^^^^ sufiicicnt prize within the same, and also to provide 
provided . , i • i i 

a pairot strong scales, or patent balances, aiid correct 

weights, to way at least fifteen hundred pounds. 
CoramisEioner ^^^' ^^' The county commissioners' court of counties 
of 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, wnose 
His daty 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 warehouse 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* ''^"7 negligence or breach of his duty, he shall report the 
Jinquentm- same to the county commissioners' court at the next 
spectors term thereof; whereupon said inspector shall be proceed- 

ed against according to law ; and the commissioner so ap- 
His compen- pointed shall be allowed two dollars for everyday he 
sation shall be necessarily employed in peforming the duties 

prescribed by this act, to be paid out of the county trea- 
sury: Prozidec/, that such compensation siiall 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- 
militia duty, tv,except in case of actual invasion and insurrection, and 
al^o from serving on juries. 

Sec. -jo. All penalties and forfeitures in this act con- 

jWode of re- tained, the mode of recovery and application of which 

penalties ^ire not specially set forth, shall be recovered by action 

of debt at the suit of *he 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, (he quantity of tobacco raised or 
iiouses and in- brought therein shall, in the opinion of the county com- 
speetors mission'ers' 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 



TOBACCO. 



183 



shall pass or refuse the same, a?)d do all other acts thai 
are required oy Uiis 'i,:t, in case ot'inspectic i lu p'U>lic 
warehouses, and such inspection shall be to all iaterits 
and purposes l;;gal. The owner of such private ware- Tobacco not 
house -hall not suffer an) tobacco to be removed after in- to bo reniov- 
spection, unless by order of the inspector, who shall have ^*^^ unit^ss, &c 
as complete control over the same as if it -were stored in 
a public warehouse, and shall be responsible in the same 
ma-iner to the owner thereof; and any proprietor or 
ownercf a private warehouse, in which to'oacco has been 
inspected and stored., who shali deliver or sutTer the same 
to be removed without an order from the inspector, as 
albresaid, shall forfeit doable the value of the tobacco 
so delivered or suffered to be removed, to be recovered 
by the inspector for the benefit of the owner of such to- 
bacco; Provided, 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 a ad inspection of tobacco: Provided^ also, that it 
shall be lawful for any citizen of this state, who 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, shidl suffer the same to remain there for ^'euioviug to- 
a longer time than two years, without paying the fees "^^°° 
for storage and keeping the same, it shall and may 
be lav/ful for the inspector, or keeper of the w^arehouse, t be ad 
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 be had in cash, and Costs and fees 
the overplus, if any, after paying all fees and costs, to be ^ 
retnrricd to t \e owner, if called for within five years from galanc 
the day of sale; if not called for, the same to go to the turned to the 
count} : and if any person shall suffer any property, other owners 
than tobacco to remain in any w^arehouse established un- 
der this act, or any public or private warehouse now estab- P^*^®^ proper- 
T 1 L- 1 I n, ^ 1 I- I 1 z' 1 ty remaining 

lisiied, or which may hereafter be established, for a Ion- more than fif- 

ger term of time, than fifteen months, from the time of teen mouths 
depositing the same, without pajinar the fees for storage,'"'*'^ ^^ ^^^^ 
the keeper, or inspector, may, in like manner, advertise 
and sell the same, for what the same will bring in cash; 
and the surplus, if any, to be paid over to the owner, or 
county, as above stated. This act to be in force, from 
and a-ter the passage thereof. 

[Approved^ Jmwarij 12, 1829.] 



184 



TOWN PLAT5. 

IN FORCE, AS ACT TO PROVIDE FOR THE RECORDING OF TOWS PLATS. 

OJAN. 4, 1825. 

^. . Sec. 1. Be it enacted by the people of the state of Illi- 

tors of towns ^i^-; represented in the General Assembly^ That the county 

to cause a commissioners of any county, or any other person or 

plat thereof to 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 the sale of any 

lots therein, cause to be recorded in the recorder's office 

of the county wherein the same may lie, or be laid off, a 

correct and true plat of said ^.own, 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. 

Donations kc Sec. 2. That every donation or grant to the public 

how consider- individual or individuals, religious society or so- 

ed as a war- . ^. "^ , *• u j- iv i i 

ranty cieties, or to any corporation or bodies politic, marked 

or noted as such, on such plat, wherein 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, lier or 
their use, for the purposes intended by the donor or do- 
nors, grantor or grantois aforesaid. 

Sec. 3c That the county commissioners, and every 

Tlats to be person or persons whose duty it ma) be to comply with 

ed before*^'a^' ^^^ foregoing requisitions, shall at or before the time of 

judi^c &G offering 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 wdiere the land lies, a certificate of such 

acknowledgment shall be (by theofficer takingtbe same) 

endorsed on such plat or other paper, and recorded 

therewith, and forma part of said record. 

Sec 4. That where any town, addition or subd vision 
of outlets, have heretofore been laid out andlots sold, in 
this state, either by county agents, commissioners, or 
othf^r persons, and a pla* of th^ same has not been ac- 
krowledced ad reco^'ded as contemplated in this act, 
it sSall be the duty, and it is herebv required of the pre- 
sc'.t cou''ty-ronMnis?.i()ners, or a majori-> of tl^Mn. in 
such county, or other person or persons, who have laid 



TRESPASSI^G< 



185 



out the same, or his, her, or then* legal representatives, 

to have the same fairly, fully and clearly made cut, ac- Plats to here- 

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, or 

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 scliools, 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- Pi'oviso 

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 effect and 

be in force from and after its passage. 

[Approved, January 4, 1825.] 



TRESPASSING, 

i.1* ACT TO PREVENT TRESPASSING, BY CUTTING TIMBER. m FORCt 

Sec. 1. Be it enacted by the People of the Slate of ^^'^'^'^^'^^^ 
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, oe carry away 
any black walnut, black, wliite, yellow or red oak, white 
'^vood, 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, from the owner or owners of such lands, shall forfeit 
and pay for such tree or sapling, so cut, felled, boxed, 

S- 



186 TRESPASSING* 

bored or destroyed, the sum of eight dollars; and every 
person who shall cut, fell, box, bore or destroy any tree 
or sapling 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, witli costs of suit, either by action 
of debt, in the name, and for the use of the owner or 
owners o( 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 always, that if in any action that 
may be instituted by virtue of the provisions 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, felled, boxed, bored or 
destroyed, and shall forthwith give good and sufficient 
security to prosecute his claim or title to the said land 
to eflfecf, 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 further in the said cause, but shall forthwith 
dismiss the parties, and it shall be the duty of th« 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 taxed 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* 
confessed, and execution shall thereupon issue against 
the said defendant and his security or securities; 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. 

|>arty for whose benefit such recognisance 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, cXit, fell, box, bore or destroy any black 
walnut, black, white, yellow or red oak, white wood^ 
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 support 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 or 
sapling, so cut, felled, boxed, bored or destroyed, the sum 
of three dollars. 

Sec. 5. That the penalties provided in the prece- 
ding section of this act, shall, and may be recovered 
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 qu.i tarn, 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 saphng 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 his 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. 



18t 



1 88 TANDALIA. 

Sec. C. That XiO part of the said recited act, shaTi 
be so construed as to effect such inhabitants in the snid 
state, who nnay have settled on lands by mistake, or the 
owner or owners of which are unknown to them, so far 
as ihe said act r<?lntes to the penalties herein specified. 

^.^pproved, Februm-y 27, 1819.J 



VANDALIA. 



12f KORCB ^^ '^*'*^ '^^ AUTHORIZE 'ttlE AUDITOR OP PUBLIC ACCOUNTS TO SELt". 

Jak. 22j 1829. LOTS IS the town of va>dai,ta, and for other purposes. 



More time al- 
lowed to pur- 
chasers of lots 



Lots not paid 
for by Aug. to 
be sold 



Other lots to 
be laid off 



And valued 



And sold 



Sec. 1 . Be it enacted by the people of the state of Illi- 
nois^ represented in the General Assembly, That all the 
benefits of an "act for the relief of purchasers of town 
lots in Vandalia," approved, February 14, 1827, be ex- 
tended to all persons who are indebted to the state for 
in or out lots, until th.e first day of August next: and all 
lots, upon which full payment 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, cau-e all such 
lots to be re-valued by three disinterested frecholderi 
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 th^e 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 auditors 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. 



VANDALIA. 



189 



Sec. 3. All the out-lots which may hereafter be sur-Out lots maJ 
Vejed and offered for sale, as provided for in the second ^^. 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 Perryville Perryville 
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 
effect, at any time before the first day 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 town 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- 
ty ship. 

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, fronting 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 surve^^ing 
fund arising from the sale of the lots so surveyed, upon 
the warrant of the auditor. 

This act to take effect from its passage. 

[j^pproved, January 22, 1 829.] 
S* 



19ft 



WEIGHTS AND MEASUUKJf: 

In force -***' "^^^ REGULATING WEIGHTS AND MEASURES. 

MARCH 22, . , J I 1 /• 7 r Dii 

i8l9. oEC. 1. Be li enacted by the people oj the state oj lilt' 

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, 
orHe 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 v/hich, shall be 
dejjomlnatcd one pound avoirdupois, and shall be equal 
In weiijht to seven thousand and twenty grains, troy or 
'" gold weight: wliich nocasures 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, 
with the name or initials of their respective counties in- 
scribed thereon. 

Sec. 2. That as soon as the county commiss'Loners 
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- 
ure? or weights in their possession, which shall not cor^ 



WILLS, TESTAMENTS, «cC. i^i 

respond with the county measures and weights, siiall, 
for every such oiience, 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 tind 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.} 



JOf^ 



WILLS, TESTA -^SENTS, &€c 

A.\ ACT IIKLATIVE TO WILLS ANI) TESTAMENTS, EXECUTORS AiM) jjj FOKCE. 

ADMINISTRATORS, AND TP.E SETTLEMENT OF KSTATES. JULY I, 18*^« 

Sec. 1. Be it enacted by Ike people of the state of lUi- 
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- who may 
sion, or remainder, which he or she hath, or at the time make a wiO> 
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 siiall have 
power to dispose of their separate estate, both real and 
personal, by w\\\ or testament, in the same manner a« 
other Der^ojis. 



192 -I^ILLS, TESTAMENTS, &C. 

To be reduced Sec. 2. All wills, testaments and codicils, by which 
toventmgand^j^y lands, tenements, hereditaments, annuities, rents,or 
goods and chattels, are devised, shall be reduced to 
writing, and signed by tlie testator, or testatrix; or by 
somo 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 saw tie testator or testatrix, sign said will, testament 
or codicil, in their presence; or acknowledged the same 
to be his or her act and deed; and that they believed 
the testator or testatrix, to be of soutid mind and mem- 
ory, at the time of signing or acknowledging the same; 
shall be sufficient proof of the execution of said will, 
testament or codicil, to admit the same to record: Provi- 
Proviso a- ded^ That no proof of fraud, compulsion, or other im- 
gainst fraud ppopgj. conduct be exhibited, which, in the opinion of 
the court of probate, shall be deemed sufficient to inval- 
idate or destroy the same; and every will, testament, or 
codicil, when thus proven to the satisfaction of the 
^^*d d^'^^/h'*^^"^^ ^^ probate, shall be recorded by tlie judge there- 
court of pro- of, in a book to be provided by h\m for that purpose; 
bate and shall be good and available in law, for the granting, 

convening, and assuring the lands, tenements and hered- 
itaments, annuities, rents, goods and chattels therein, 
and thereby given, granted and bequeathed. 
Witnesses to Sec. 3. It shall be the duty of each and every witness 
appear 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*is°hby'fine^^"^^^^ probate shall have power and authority to at- 
and imprison- tach, and punish b) fine, and imprisonment, or either, any 
ment 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. 
Witness resi- Sec. 4 When any will, testament or codicil shall be 
ding out of produced to the court of probate, for probate of the 
the state, same, and any witness attesting; such will, testament or 
issue a d^i- codicil, shall reside without the limits of this state, it 
mus shall be lawful for the judge of probate to issue a dedi- 

mus potestatem, or commission, annexed to such will, te&- 



WILLS, TEST.^MENTS, &C. 1 9^ 

tament or codicil, directed 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 tlic 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 tiie 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 rnind or memory; and 
that he or she subscribed his or her najne as a witness 
thereto, in the presence of the testator or testatrix, and 
at his or her request: such oath or affirmation shall hare 
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 will, testament or codicil shall be ^illto be ad- 
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 hozcever, That If 

any person interested shall, within five years after the ?^''^y,^^.,^'^'^ 
1 ^ r ^ -n / vi. i. J- -i • ^j tested withm 

probate ot any such will, testament or codicil, in the gyg years 

court of probate as aforesaid, appear, and, by his or her 
bill in chancery, contest 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 
county wherein such will, testament or codicil shall have 
been proven, and recorded as aforesaid, according to the 
pnictice 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, llie 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 prabate, shall be admitted as evl- 



194 



WILLS, TESTAMENTS, &C. 



dence, and to have such weight as the jury shall think it 
maj deserve. 

Sec. 6. In all cases where any one or more of the 
Hand writing witnesses to any will, testament or codicil, as aforesaid 
of any decea- gj^^lj die OF remove to some distant country, unknown 
witness may ^^ ^^^ parties concerned, so that his or her testimony 
be proved 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 witness 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- 

out of this ticated copies thereof, proven according to the laws of 
state may be any of the United States, or the territories thereof, or of 
admitted to ^^y 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 thereof, 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 law for the conveyance of personal property 
thereby bequeathed, if committed to writing within 
twenty days, and proren 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 the 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- 
son? present, or some of them, to bear 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 



Nuncupative 
wills 



WILLS, TESTAMENTS, &C, 195 

said court, shall be sufikient to invalidate or destroy the]J*^®" proven 
same; and all sucli wills when proven and autlunlicated ted to be*^^^" 



Te- 



as aforesaid, snail be recorded by tiie judge of probate corded 
in like manner as other wills are directed to be record- -^""^ ^^^^^rs 
ed by this ^riv Provided, that no letters testamentary g7a,^"Jd''S 
shall be granted on such will until the expiration of sixty sixtj^ 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- citation to 
bate shall issue a citation to the heirs and legal repre- be issued to 
sentatives of the testator or testatrix, if they reside in ^'^^^.^^''^.^cif 
the county, if not, then said court shall cause an adver-countyVi'r 
tisement to be inserted in some one of the newspapers not to be no- 
printed in this state, notifying the said heirs and legal ^'^^'^^ ^y ^^' 
representatives of the testator or testatrix, at what time ^^^ ^semeu 
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 w^ould 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 
any 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- auch appoint- 
ment of any debtdue from such executor orexecutrix, to 'nent not to 
such testator or testatrix; unless the testator or testatrix operate as 9. 
shall, in such w ill, expressly declare his or her intention 
to deviise, bequeath, or release such debt; nor even in 



J 96 WILLS, TESTAMENfS, &C. 

that case, unless the estate of such testator or testatrix 
is sufficient to discharge the whole of his or her just 
dehts, over and above the debt due from such executor 
or executrix. 

Sec. 12. If after making a last will and testament, 
Children torn a child, or children, shall be born to an} testator or tes- 
afterwillis ^j^^pjx, 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 hj 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 child 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, 
r^ . , Sec. 13. Whenever a devisee, or legatee, in anv last 

gatee dying will and testament, being a child, or grand-child of the 
before testa- testator or testatrix, shall die before such 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 done, 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 
e state. 

Sec. 14. ^So will, testament or codicil shall be revok- 
ijia^beWvo-^^^ otherwise than by burning, cancelling, tearing orob- 
>fed literating the same by the testator himself, or in his pre- 

sence, by his direction 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 
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 albre- 
said, in due form of law. 
.... . Sec. 15. The courts of probate in each county in this 

of courts of ^tate 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 letter^ 
testamentary, and of administration, and the settlement 



WILLS, TESTAMENTS, &C< 



197 



Sec. 1 6. All originals wills, after probate thereof, sliall f^^/|;^j;^^f;f 
be recorded, and remain in the office of the judge of pro- wills to be 
bate of the proper county; and authenticated copies admitted as 
thereof, certified under the hand and seal of the said ^''^''^"''^ 
judfre,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 ^J ^o ^^ P'"^'"'-' 
shall be proved in the court of probate of the county^ 
M'herein 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, v/here there shall be lands in several ditferent 
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. lo. 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 ^^^"/^(./"^^ 
attachments, and compel the production of the same; and auction of 
the person or persons thus witliholding any such will, will 
testament or codicil as aforesaid, shall forfeit and pay 
twenty dollars per month from the time the same shall 
be thus wrongfully withheld, to be recovered by action 
of debt, for the use of the estate, by any person Avho will 
sue for the same, in any court having jurisdiction there- 
of: and if any person to whom a will, testament or codicil 
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 to him or her, 
the person so offending shall, on conviction tiiereof, 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 same jf executors 

shall be proved and admitted to record as before direct- die, or refuse 

ed, be entitled to letters testamentary thereon : and where ^'" ^^t, letters 
4U in. i. J • 1 -n ^ i- oi r.dmin)straM 

there shall be no executors named m such will, testa tjf^^^ t^^ bo 

ment or codicil, or the executors named therein shall die, granted 

T 



:J98 



WILLS, TESTAMENTS, &C. 



relu=e to acf, 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- 
^^^S^^ *^^P'*°° 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 
neg cct 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 be 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 jui'isdiction 
tiiereof. 
To whom aJ- ^Ec. 21. Upon the refusal of the executor or execu- 
niinistration tors to administer the estate, or upon disqualification as 
may be grant- ^^^P^g^^jj^ ^j-^g ^ourt 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 their refusal, to such o- 
ther person or persons as the court shall think fit. 
.Executor of Sec. 22, The executor of an executor shall not, in con- 
an executor sequence thereof, be executor of the first testator. 
Who may be 'Sec, 23. Persons of the age of seventeen years, of 
executors sound mind and memory, maybe appointed executors; 
but should any person under the age of twenty one years 
be appointed an executor or executrix, the court of pro- 
bate sliail 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- 
tahi 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 
being, give bond with security as in other cases. 
Power of ex- Sec. 24. The power of the executor or executors over 
ecutor before {\^q testators estate before probate of the will, and obtain- 
f lobate JDg letters testamentary, shall extend to the burial of the 



WILLS, TESTAMi3>TSj &C. 199 

decea^^ed, 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 wise, 
be liable as an executor of his own wrong, unless upon 
refusal to deliver up the estate to the person or persons 
authorized io receive the same: Provided, That this sec- 
tion shall not be construed to exempt any such person 
claiming to be executor as aforesaid, for any waste or 
misapplication of such estate. 

Sec. 25. Where two or more executors are appointed, if ^^e execu^ 
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 ^^^^^""^ testa- 
herself such executorship, or be otherwise disqualified, ™^nted^to^the 
letters testamentary shall be granted thereon to the oth- other 
er person or persons so named, not renouncing as afore- 
said, and not disqualified. 

Sec. 26. Every executor or administrator with the Oath to be ta= 
will annexed, at the time of proving the will and grant- ken by exec- 

insr letters testamentary or of administration as aforesaid, "*°'^. °J f 
1 11 1 1 1 -1 1 /• 1-1 /• 1 1 ' Dftinistrator 

shall take and subscribe^ before thejudgeof probate, the 

ibllowing oath, to wit:— "I do solemnly swear, (or affirm^) 
that this writing contains the triie last will and testa- 
ment of the within named A. B. f^eceased, so far as I 
know, or believe ; and that \ will well and truly execute 
the same, by paying first the 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, 
or knowledge, 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 abilities, 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 hereafter to be appointed, un- 
less the testator or testatrix shall otherwise direct in the 
will, and all administrators with 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 the 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:--r- 

" Know all men by these presents, that we A B, C D, 
and E F, of the countv of and state of Illinois, are 



200 WILLS, TESTAMEISTS, &C. 

held, and firmly bound unto the people of the state of Illi- 
nois, in the penal sum of dollars, current money 
of the United States, which payment well and truly to 
he 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.I 8 
" The condition of the above obligation is such, that 
Condition j^ ^j^g ^jj^j^,g I^Q^jj^^j ^ g^ executor of the last will arid 

testament of G H, 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 otlier person for him, and the same so made do ex- 
hibit in the court of probate for the said county of 
as required by law; and also make, and render a fliir 
and just account of his actings and doings, as such exec- 
utor, (or administrator,) to said court, when thereunto 
Ictwfull}' required, and to well and truly fulfil the duties 
enjoined upon him in, and by the saidw'ill; and shall 
moreover pay, and deliver to the persons entitled there- 
to, all (he legacies and bequests contained in said will, 
50 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 fiomtime to time be required of him by law, then 
this obligation to be void, otherwise to remain in full 
force and virtu e.'- 

Which said bond shall be sic^ncd and sealed by the 
th^ II t of " ^"^^^ executor, (or administrator) and his securities, at- 
probate tested by the judge of probate, and filed in his ofhce. 

Sec. 23. "^Vhere any testator, or teslatrix, shall leave 
When exeru- ^^*''^^^ estate, more than suiTicient to pay all his or her 
tornot oblig- debts, and by will shall direct, that his or her executors 
ed to give shall not be obliged to give secuiity, in tiiat case, no se- 
s^cmi y curitj shall be required, unless tlie couit of probate shall 

see cause, from their own knowledge, or the suggestions 
of creditors, or legatees, to suspect tlie executors of fraud, 
or that the personal estate will not be sufficient to dis- 
charge all the debts, such court may require security, 
and the same shall be given before letters testamentary 
shall be granted, notwithstanding any directions to tiie 
contrary in said will. 



WILLS, TESTAMENTS, &C. 201 

Sec. 29. If any person named as an executor, or exe- When execu- 
cutrix, in anv last will and testannent, shall be, at the time Joror execu- 

I 1 • ^ i • 1 . I I 1 I tnx disquali- 

wnen administration ouglit lo he granted, under the age fied 

of 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- 
ly, (as tiie 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 suihcient securities, to be tiled 
as aforesaid, for her faithful performance as such exe- 
cutrix; and on all questions touching such disqualitica-- 
lions, the court of probate shall receive the like (estimo- 
i\y as would be admissible in a court of law or equity, 
in similar cases. 

i^Ec. 30. During any contest, in relation to the pro- 
bate of any will, testament or codicil, before tlie same 
shall 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 cither testate or 
intestate, or whenever any other contingency may hap- 
pen, which shall be productive of great delay, before Pending any 
letters testamentary or of admiinstration can be issued contest, court 
upon the estate of sucli testator or intestate, to the pei- SinTstni"^ 
son or persons having the 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 deliverin-^ up the same 
when thereunto required by the said court of probate, 
to the proper executors or administrators, whenever 
they shall be admitted and qualified as such. 

Sec. 31. The form of the letters to be granted, to Form of let- 
the person or per-ons so appointed to collect and pre-*^'"' o^^^'"'"" 
serve t'ne 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 administration whereof cannot be immediately grant- 



202 AVILLS, TESTiWIENTS, AC, 

ed to the person? by law entitled thereto, but wliich, if 
speedy care be not taken, may be lost, destroyed or di- 
minished ; to tlie end therefore, that the same may be 
preserved for those who shall appear to have a legal 
right or interest therein, we do hereby request, and au- 
thorize C D, (and E F, if two shall be appointed,) of 
the county of and state 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 wit; 

^^^^ '* 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 unto the people of the state of 
Illinois in the penal sum of dollars, current money 

of the 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 bj- these presents: witness our hands 

-Condition and seals, this day of 18 . The condition of 
the above obligation is such, that if the aljove 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 fts shall fee required of him 



^VJLLS, TESTAMENTS, &C. 203- 

(pr her) by law; then the above obhgation to be void: 
otherwise to remain in (nil ibrcc 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 tiled in his office. 

Sec. 33. Be lore any administrator to collect shall 
enter upon ihe duties of his appointment as aforesaid, 
he or she shall take and subscribe the following oath or 
affirmation, betbre the judge of probate, to wit: "I do sol- Oath 
emnly swear (or afhrm) that 1 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 writing, subscribed by the 
party making it, and filed in the office of the judge of 
probate before whom the same shall be taken. 

Sec. 34. Every collector so appointed as aforesaid, 
shall have power to collect the goods, chattels and debts Duties of such 
of the said deceased, according to the tenor of the said adm'r. 
letters, and to secure the same at such reasonable and 
necessary expense as shall be allowed 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 CommissIoB 
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, 
decedant, 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 deci^ion by 
the executor or executors, administrator or administra- 
tors, to whom letters testamentary, 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 



^-04 



WILLS, TESTAMENTS, &C. 



To deliver 
prcji'C'rty to 
succtSsor 



Penalty for 
nesrlect 



Estate not de- 
vised 



Creditor may 
be a witness 



Devise to 
wife shall bar 
dower 



Dower barred 
after six 
vQonths 



Form of re- 
nunciation 



collector as may have been so appointed, shall cease; 
and it shall be his duty to deliver, on demand, all the 
property and money of the deceased, which shall have 
come to his hands or possession, (saving such commission 
as may be allowed by the judge of prol;)ate as aforesaid) 
to thcrperson or persons obtaining such letters; and in 
case an) such collector or administrator shall refuse or 
neglect to deliver over such property 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 his hands by virtue of his said administration; 
and shall moreover forfeit all claim to any commission 
for collecting and prescrvins^ the estate: whicli said 
twenty per cent, together whh all damages which may 
be sustained bj' reason of the breach of any bond, which 
may at any time be given by any such collector, may 
be sued for and recovered by the person or persons to 
whom letters testamentary, or of administration may be 
granted as aforesaid, for the use of the estate of such de- 
cedant. 

Sec. 37. All such estate, both real and personal, as 
is not devised or bequeathed in the last will and testa- 
ment of any person, shall be distributed in the same 
manner as the estate of an 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. 

Sec. 33. If any lands, tenements or hereditaments, 
shall be 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. 

Sec. 39. Every devise of land, or any estate therein, 
or bequest of personal estate, to the wife of the testator, 
shall be a bar of her dov/er in lands, or share of the per- 
sonal estate, unless it be otherwise expressed in the will, 
testament or codicil. 

Sec. 40. A Vv'idow shall be debarred of her right of 
dower in the estate of her deceased husband, in all 
cases where any provision shall be made for her in the 
testator's will 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 
county, a written renunciation, wliich may be in the fol- 
lowing form, to wit; " I, A B, widow of C D, late of 



WILLS, TESTAMENTS, &C. 



205 



the county of and state of do hereby re- 

nounce, and quit all claim to any bequest or devise 
made to mc by the last will and testament of my said 
deceased husband, which has been exhibited and proved 
according to law; and 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 fded 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 afterwards set up to any provision which may have 
been 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 tiiereupon be entitled to Widow then 
the one-third part of the real estate of her said deceased ^"titled to 
husband, for life, and cne-third part of the personal es-^j^^'^gg] ^^^^ 
ii\tG forever, which shall remain after the payment of personal es- 
all just .debts and claims against the estate of such tes-^^^^ 
tfitor. 

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 r®'^"'^®'^^*^°" 

. r 1 i .! i.Ai J. r u ^- i 4- legacies be di- 

court 01 probate, upon the settlement ot such estate, tOjuJuished or 

abate from, or add to such legacies and bequests in such increased, 

manner as to equalize the loss sustained, or advantage ^°"''**^^^,^,*^ 

trorQ or ciclcl 

derived thereby, in a corresponding ratio to the several jq gy^h lega- 
amounts of such legacies and bequests according to the cies 
intrinsic value of each. 

Sec. 42. If the widow^ commit waste in the lands Widow liable 
and tenements, or of the personal estate of the deceased, *°'' waste 
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 estate; 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 marriage. 

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 sliall 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 parts; the descendrmts 
of a deceased child, or grand-child taking the share of 
their deceased parent in equal parts among them: and 



200 



WILLS, TESTAMENTS, &C. 



Widow's ex- 
clusive estate 



Widow-s 
dower 



Property to 
be retained 
by widow 



And not sub- 
ject to debts 
ot the deceas- 
ed 

Hotchpot — 
proceedings 
thereon 



when there shall be no children of the intestate, nor de^ 
bcendants of such children, and no widow, then to the 
parents, brothcrsand sisters of the deceased person, and 
their descendants, in equal parts among them; allowing 
to each of the parents if living, a child's part, or to the 
survivor of them, if one be dead, a double portion, atid 
if there be no parent living, then to the 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 w idow, 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 such estate shall descend 
in equal parts to the next of kin to the intestate, i5 
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 whole, and the half 
blood, saving to the widow, in all cases, her dower 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 rnilch cow and calf, her saddle and bri- 
dle, one horse of the value of forty dollars, household 
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 children 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 way 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 person;d estate, shall be brought into hotch- 
pot, with the whole estate, real and personal, o{ such 



WILLP, TESTAMENTS, &C. 



207 



intestate; and every such person so returning such ad- 
vancement, as aforesaid, shall thereupon be entiiicd to 
his or her just proportion of said estate. 

Sec. 4G. If any man shall have one or more children Children bojn 
by any woman whom he shall afterwards marry, such ^.^^"""^ ^^^: 
cliild or children, if acknowledged by the man, shall, in jcc? 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 oi 
estate either real or personal in her own right, shall unmarried 
hereafter die, leaving one or more children, deemed in,^^™*^" *° ^"' 
law ilJegitijnate. 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 "^^^'^^^''^ 
law, to take and inherit the estate of their deceased 
mother, in equal parts among tliem, to the exclusion of 
all other persons: Provided, That if there shall be no 
such child or children, or their descendants, then, and io 
such case, the estate of the intestate shall be governed 
by the rules of descent, as in other cases, where illegiti- 
mates are excluded. 

Sec. 48. All foreigners, w^hether aliens, denizens, or Aliens may 

naturalized citizens, may take and hold real and per- , , ^^ t 

t • I • • I I 1 ^ tstate,&c.&c. 

sonal estate m this state, either by purchase or descent, transmit the 

and alienate, and transmit the same to their heirs or as-^ameto heir?, 
signs, whether such heirs or assigns be citizens of the ' 
United States or not, in the same m?inner 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 
piersonal, 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, ®'*^'®^' *^^' 
contracted for by the husband in his lifetime, the title Ji"^er 
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 children of 
a child or children, commonly called posthumous chil- "^j^^^^^^^^e ^^"^ 
dren, shall be born unto him after his decease, within 
the usual time prescribed by law, such child or children 



208 WILLS, TEiSTAMEXTS, &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 hus- 
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 otlier 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 
Reiations not creditor or creditors who sliall apply for the same; and 
applying, jn case no such application be made by anv creditor or 
''ran'ted'tY^^^''^^^^^''*' within tifteen 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 profjate 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, nest of kin, or credi- 
intesiates tors in this state, but havino; property within the state, 

Adm'n to be adt^^ii^istration shall be granted to the public adminis- 
granted to & i ' 

public adni'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 ^^-* ^^' T'^^ governor of this state shall nominate, and 
nominate by and with the advice and consent of tiie senate, appoint 
public adimn- 1,;^ each county in this state, vv'hcre such appointments 
have not already been made, or as often 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 tlic public administrator, for 
such counties respectively, whose office, power, and du- 
ties shall be prescribed by law. 

Sec. 53. That whenever any person shall die intestate 
In what cases ij^ any county in this state, or when any non-resident shall 
tk>n shall be ^^^ intestate, leaving goods and chattels, rights and cre- 
granttd to dlts, Or either, in tins state, and no widow, or next of kin, 
public or creditor or creditors, shall be living within this state, 

a minis ra o"" administration of the goods and chattels, rights and cre- 
dits of such intestate, shall be granted to the public ad- 
ministrator of the county in which such intestate died, or 
in which the goods and chattels, rights, credits and ef- 
fects shall be found, incase such intestate shall have been 
a non-resident, and his successors in otiice. 



WILLS, TESTA3IENTS, 6ck:, ^^^ 

Sec. 54. Each and everj public administrator, who Oath of pqb- 
may at any time be appointed as aforesaid, shall, before li° adm'r 
entering upon the duties of his office, take and subscribe 
the following oath, to wit: "I, A B, public administrator 
in and for (he 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 such 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 j 

C, D, and E, F, of the county of and state of 

Jllinois, arc held and firmly bound unto the people of 
the state of Illinois in the penal sum of five thousand dol- 
lars, current money of the United States, which payment 
w^elland 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 ; Condition 

Kow, 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 hands 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 Cc-tuse to be 

made, a true and perfect inventory of the goods, chattels^ 
rights, credits and assets of all such deceased personSj 
the administration ofwhose 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 

T 



^10 



WILLS, TESTAMExVTS, &C. 



Administra- 
tion may be 
revoked 



On applica- 
tion to the 
court within 
cix months 



Balance of in 
^.estate's es- 
tate 



Amount 
ihereof, with 
other particu- 
lar.", to be 
published 



required bylaw; and do make and render a just and 
true account of all his actings and doings as such, in 
each separate estate, to the court of prohate 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 iaid bond 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 
w^itliin 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 him, 
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 ;dl 
persons having claims or demands against such estate, to 
exhibit the saiViC, 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 the said 
^ime of six months as aforesaid, such balance shall be 



WILLS, TESTAMENTS, &C. *^aJ 

paid into the public treasury of said county; and the Npt claimed 
county shall be answerable for the same, without interest, J,7ontK^to be 
(o such person or persons as shall thereafter appear to paid into 
he leeially entitled to the same, if any such shall ever comity treaa- 
appear. -^ 

Sec. 58. Upon the death of any person intestate, not public admr, 
leaving a widow, or next of idn, or creditor or creditors to secure the 
within any county in this state, it shall and may he ^''^^^'^ fn^estates^^ 
ful for the publicadministratorof the county v.hercin 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 
take 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 
(hereon 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 of 
probate, in preference to all other demands against such 
estate, funeral expenses excepted. 

Sec 59. All letters testamentary, letters of adminis- Letters of ffti- 
tration, either with or without the will annexed, letters mif^'stration, 
of administration to collect, and de bonis non; writs, ^^'^•*^J^^J^^^\'^ 
fummonses, citations, subpoenas, and all other processes the people & 
which may at any time be made or issued by the judge with theseal 
of probate, in the discharge of his official duties, shall be °^" ^t^^ court- 
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. 1)0. Upon every application (or letters of admin- Before grant- 
istration, upon the croods and chattels, ripjhts and credits*"" admr. m 
of any person dying intestate, b}^ any person iot entitled evidence to ' 
to fhe 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 
granting of administration to any such applicant or ap- 
plicants, cause such applicant or applicants to produce 
satisfactory evidence tnat the person or persons having 
the preference have relinquished their prior right there- 
to: Povided^ Such application shall be made within the jj- ^Pplicjition 
space of seventy-five days next ensuing the death of any made withiti 
such intestate as last aforesaid; but if such application ^/"^'^"^^-f'^'^' 
be made after the expiration of seventy -five days, it sh.all ^^"^ 
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 iit. 



212 WILLS, TESTAMENTS, AC. 

Sec. 61. All letters testamentary to be hereafter issu- 
ed to executors under this law, shall be in the following 
form, to wit: 

Form of let- State of Illinois ^ ) c 4. 't-i i c j.\ j. i ef 

terstestamen- County of \ ^^^t.— The people of the state of 

Illinois, to all to whom these presents shall concfe, greet- 
ing: Know ye, That whereas A B, late of the 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 
(^^ at his office in this day of 

A.D.I 8 . [Seed'] 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 folio wSj to wit: 

Sta'e of Illinois* ) r< . rr-i i c ^\ * i c 

Of letters of rv,,, w,, «^ ( Set.— The people 01 the state of 

drainistra- ^^^^^^^^ ^J • > 

^^ Illinois, to all to whom these presents shall come, greet- 

ing: Know ye, That whereas A B, of the county of 
and state of died intestate, as it is said, 

on or about the day of A.D.I 8 , having at 

the time of his decease personal property in this stale, 
which maybe lost, destroyed, or dimir.ished in value, it" 
speedy care be not taken of the same; to the end there- 
fore, that s-iid property may be collected, and prescrv 



WILLS, TESTA3IENTS, &C. ^13 

ed for those 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'l]linois,administrator of all and singular the 
goods and chattels, rights and credits, which were of the 
said A Bj 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 conf-)r- 
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 '^^".^y ^^: 
and credits of any person dying intestate, require the ^(j. "^^"istrator 
ministrator or administrators, (public administrators ex- 
cepted,) to take and subscribe the following oath, to 
wit: *'I do solemnly swear, (or affirm,) that I will, well 
end truly, administer all and singular the goods and chat- '' 
tels, rights, credits and effects, of A 13, 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 shall be reduced to writing, 
subscribed by the person taking the same, before the said 
judge of probate, and filed in his office. 

Sec. 64. Ench and every administrator, except as is g^j^^l 
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 state of Illinois, for the use of tJje par- 
ties interested, in the following f:)rm, to wit: '^ Know all 
men by these presents that we, A B, C D, and E F, of 
the county of and stale of Illinois, are held and 

firmly bound unto the people of the state of Illinois, in (he 
penal sum of dollars- current money of (he United 

States, which payment, well and truly to be made and 



2U 



WILLS, TESTA3IENTSi &C. 



peribrmed, we, and each of us, bind ourselves, our heir**, 
executors, administrators, and assigns, jointly, severally, 
and firmly by these presents. Witness our hands and 
seals, this day of A. D. 18 . 

Condition " "^'^^ condition of the above obligatici is such, that if 

the sua A B, administrator of all and singular the goods 
and chattels, rights and credits of J K, deceased, do 
make, or cause to be made, a true and perfect inventory 
of all and singular the goods and chattels, rights and 
credits, of t'le 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 thaW 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, 
do, 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 
law; 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 
bl)nd^7obIr*^^^"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 may be Sec. 65. All bonds which may at any time be given 
put in suit by any executor or executors, administrator or adminis- 
trators, either with or without the will annexed, or dc 
bonis non, to collect, or public administrator may be put 
in suit, and prosecuted, against all, or any one or more 



WILLS, TESTAMENTS, &C. 



215 



ofibe obligors named therein, in the name of the people 
of the state of ilhriois,ror the use of any person or persons 
who m;i)' 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 lirst 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 the 
same may at any time be prosecuted, shall be liable for 
all costs which may accrue in the prosecution of the Certified ca- 




be 
cry m any court ot law or equi- received as 

ty having jurjifdiclion 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- ^°'"^*^ \°]^e 
cords of all wills, testaments and codicils, and the pro- !^]i ^v,]is 
bate thereof; all letters testamentary and of administra- bonds, &c. 
tion, either with or without the will annexed, de bonis 
non, or to collect; ail bonds taken of executors or admin- 
istrators; all inventories, appraisements and sale bills, 
end all other < xhibits presented to, and allowed bj said 
courts, appertaining to the administration and settle- 
ment of estaJes; 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 difiicuUy in taking appeals 
therefrom: they shall record all letters testamentary 
and of administration before they are delivered out of 
their offices 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 wills^ 
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 ail 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 o" 2ord^oTp7o- 
request of one of the parties, who shall pay for t^ - ceedings to 
same. ■'"[ pay .for same 



216 WILLS, TESTA3fENTS, &C. 

Ad'mnrevo- Sec. 67. If at any time after letters of administra- 
ked on pro- ^-^^jj [y^y^ ^^.^n granted, a wiil ot the deceased shall be 
will and let produced, and probate thereol granted according to law, 
terstesiamen-such letters of administration shall be revoked and re- 
tarjr granted pe^jjed . and letters testamentary, or of administration 
with tlie will annexed, shall be granted in the same 
manner as if the former letters had not been obtained. 
If will set a- Sec. 68. In all cases where a will, testament or cod- 
side, letters [q\\ shall have been proved, and letters granted thereon 
IndlE^^"^ as aforesaid ; and such will shall thereafter be set aside or 
de bonis non annulled by due course ol law, the letters granted there- 
grcinted on shall be revoked and repealed, and administraiion de 

bonis non granted of the goods and chattels unadminis- 

Letters testa- tereci. 

inentary fee Sec. 69. The court of probate shall have power to 
granted to revoRe and repeal all letters testamentary or of adminis- 
mav°b°«come Oration, granted to perfo'is who shall become insane, lu- 
insane^tc to nalic, or of uusound mind, habitual drunkards, who may 
kc revoked jj^; convicted of any infamous crime, who waste or mis- 
manage the estate, or who conduct themselves in such a 
manner as 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. 
In other cases Sec. 70. If any executor of any last will or testa- 
0iay be re- 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 having done so, shall re- 
move beyond tiie limits of this state, and shall refuse or 
neglect, after due notice from the court of probate, to 
render his accounts and make settlement of such estate, 
with creditors, legatees or heirs, or their legal repre- 
sentatives, the said court may, in like manner, 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. Where the letters of one of several exe- 
cutors or administrators are revoked, or one or more of 
the executors or administrators shall die or become dis- 
qualitied, the court of probate 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 such a- shall not have their 
j^v)wers revoked, shall proceed to manage the estate, and 



WILLS, TESTAMENTS, &t* ^1*7 

in case the letters of all of them shall be revoked, or In cases of ro-- 
all of said executors or administrators shall depart this '^'"^'^^'^"\^°^ 
life, before final settlement and distribution of the estate point execu- 
shall have been made, administration with the will an- tors, or grant 
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 former exe- 
his bond, to such subsequent administrator or admii.is- cutoror 
trators, or to any other person or persons agj];rieved, for ^'^"^'^ "^^'^J"' 
any mismanagement of the estate thus committed to his 
care as aforesaid, and such subsequent administrator 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 sliall 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 m^idf^ for the same. 

Sec. 72. All the provisions in this act relative to an Applicaiiors 
executor or aJministiator, shall apply and extend to an°^ ^^^^ ^^^ 
executrix or administratrix, or executors or administra- 
tors, and vice versa, 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. No executor or administrator, or security Ex'rs &c not 

for an executor or administrators shall be chargeable '''1^'f '^i"! 
1 1 ^. i r XI X ^ ^ • X i i I mispleading 

beyond tne assets ot the testator or intestate, by rea- 
son of any omission or mistake in pleading or false 
pleading of such executor or administrator. 

Sec. 74. If any court of probate shall hereafter,,,, 

J I \VhGn ex rs 

grant letters testamentary or of administration, of the ^<;^c required to 
estate of any person deceased, without taking good se-«;ive further 
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 sliall. hereafter become insufficient as 
aforesaid, it shall 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-indefa?jlt, lef. 
cient security, and in default thereof, the betters testa ters to here- 
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 



'2 I 8 WILLS, TESTAMENTS, AC. 

case of an administrator de bonis non; and all acts done 
and performed, 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 coHiiter , . , r rv • x. i.y " • i. c 

security selves in Clanger oi suilcring by the mismanagement ot 

such executors or administrators, and 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 summ.on 
sucii 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 ccunter security to save such peti- 
New bond tioner or petitioners harmless, or to give a new bond in 
may be taken ij^g like penalty as the first; and such new bond shall 
have relation back to the time of granting letters testa- 
mentary orof administration, and shall be as effectual in 
On ref»)3al or every respect, as if the same had been executed before 
neglect letters g^^l^ letters had been granted; and upon refusal or neg- 
to be reroked i . , • i j i > -i c „.. 

Icct to give bond de novo, or counter security, as aiore- 

said,the letters granted to such executor or administrator 
may be revoked, and letters of administration with the 
willannexed,or de bonis non, granted thereon 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 tlie fol- 
lowing form, to-wit: '-The condition of the above obli- 
gation is such,th?it whereas the above bound A B, exec- 
utor of the Inst will and . testament of J K, deceased, 
(or administrator of the goods and chattels, rights nnd 
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 aaministrator,) as aforesaid, which snid 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. 13 other bord and 

security has been required of the said executor (orad- 
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 pertbrm, the con- 
dition of the bond (irst given as aforesaid, in all respecls. 



WILLS, TESTA^IENTS, &C. 



219 



according to law, and shall in all respects have per- 
formed, and shall continue to periorm t;'e duties 
of his office aforesaid, tl,en this obli^j^ation to f e 
void, otherwise to remain in full force a <d v'jiue." 
Wiiich bond shall be sig-sed, seal j.h attested, and tiled in 
all ollter respects as aforesaid. 

Sec. 77. In every case wherein letters testamentary, Inventories 
of ad»iiinistr<ttion or of collection are granted, it shall be '^"'J' ^^^®° 
the duty ot the executor or administrator to make out a^" ^^ "^"^^ 
full and periect inventory of all such real and personal 
estate, or the proceeds thereof, as shall be committed to 
his superintendar.ce and management, and as shall come 
to his hands, possession or knowledge, whether the same 
shall 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 78. On granting any letters testamentary, or of Appraisers 
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 tlie 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 war- 
state of Illinois to A B, C D, and E F, of the county of ra^^ 

and state of Ilhnois, 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 whereof you are to return, annexed to an appraise- 
ment bill of said goods, ctjattels, and personal estate, by 
you appraised, va 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 said 
county of aj: his office in this day of 

A. D. 18 

[Seal.] L M, judge of probate^ 



220 WILIS, TESTA3IENTS, &C. 

For which said warrant the j'Jdge of probate shall re- 
Fee to judge ceive the sum of twenty-five cents, and no more. And 
on the death, refusal to act, or neglect of asij 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 

tiiken 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, belore 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 eight 
and knowledge; and that you will in all respects per- 
form your duty as appraisers to the best of your skill 
Tbeirduty 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 thereof, 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 propert},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, with pitted, the appraisers shall certify the same under their 
oath annexed hands and seals, with a certificate of the oath (or ainrm- 
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 
roturued his letters testamentary, or of administration. 
Inventories, Sec. 81. Inventories and bills of appraisement, and 
k.c. may be authenticated copies thereof, may be given in evidence in 
deiTcV" ^^^' ^^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 was bona fide sold for more or less than the 
appraised value thereof. 
Inventory of Sec. 82. Whenever personal property of any kind, 
further assets or assets, shall come to the possession or knowledge of 
turned? ^'^^'^"J 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 be returned to the office of the judge of 
probate, appraised by three disinterested sworn apprais- 



WILLS, TESTAMENTS, AC ^21 

evs a^ aforesaid, within throe months after discovery 
shall be made of tite same. 

Sec. o3. Each and every appraiser appointed under Compenja- 
this act, shall be entitled to the sum of seventy-five cents *^"^" *° ^P' 
per day for each day's necessary attendance in making ^"^^^ 
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 sliall be ^^^-^'^ !^ f th'^^'^r- 

certained to be entirely solvent, and free from debt or tides apprais- 

incumbrance; or where there shall be a sufficiency of ed, or the a- 

rnonev or assets in the hands of the executor to pav such mf>»nt thereof 

in nioDev 
debts, independent cf the property mentioned in such 

inventory and biil of appraisement, itsiiail be lawful for 

the widow to make her election, whether she will take 

<hat part of the persona) estate to which she may be 

entitled by right of dower, or otherwise, out of the arti- 

« les mentioned in such bill of appraisement according to 

the appraised value thereo', or the amount thereof in 

money, whenever the same shall be sold, and the money 

collected therefor; or siie may take a part in property Orpartin 

rind a part in money, as she may prefer. And in all such r^^f^?^*^' ^^^^ 

cases it sliall be the duly of the executor or adminislra- ' * *' 

tor to notif}^ the widow as soon as such appraisement 

F'hail 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, 

w^ithin thirty days after w'ritten application shall be To make ap^ 

made for that purpose by such w^idow: and if any such P^^^^^^o" ^" 

, J • • i i ' I -Ji 1 J. r I writing tor 

executor or administrator shall neglect or reinse to com-g,,^,^ property 

]dy with the foregoing requisition, when application shall as she may 
he made iov that purpose, lie shall forfeit and pay for the select 
\!se of such wido\T (he sum of twenty dollars per month, 
for each month's delay to set apart said property so select- 
ed, after the said term of tliirty 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 hav- 
ing jurisdiction of the same. 

Sec. B5. Executors and administrators shall, in ad- Farther in- 
dition to the inventory and bill of appraisement required ^^"['^'"y *° ^^ 
to be made as aforesaid, make a further inventory from ™j!j,g^t/ti^^ 
time to time, of all moneys, judgments, bonds, promisso- 
ry notes, open accounts, or other evidences of debts; 
also, of his titles to estates, both real and personal, as 
well equitable as legal, specifying the kind, quantity^ 

" w 



WILLS, TESTA3IENTS, &C* 

quality, siluation and value of such renl estate, by wi.\at 

title held, and fronr» whom purchased, if known, the d.- bts 

appearing to be due, or tobeconne due to such testator 

or intestate, tlie 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 

tl>e 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 

^ ^ office of the judge of probate, as is required in other 

cases by this act. 

Court mav Sec. 8.6. If any executor or administrator, or other 

cite persons person interested in any estate, shall state upon oath to 

be eSam/ned'^^"y court of probate, that they believe that any pt^rson 

touching the has in possession, or has concealed or embezzled a'jy 

concealment goods, chattels, moneys, or effects, books of account, 

'^c^^^^'^^^^'P^P^'^^' ^^ ^^y ^^''^^"^6s of debt whatever, or ti^ks 'o 

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 

,^ r w same, and if such person shall refuse to answer such 

■\ n rcin^Ri to 

answer, or (le- proper interrogatories as may be propounded by the 

Jiverup prop- court, or person interestec} as aforesaid, or shall refuse 

ectj, court 1^ deliver up such property or effects as aforesaid, 
may commit I ... , V * j r ^u i. i 

them to jail tipon a requisition being made tor 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 the 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- Sec. 88. Executors and administrators shall be 
tent ex'rs and chargeable with so much of the estate, whctlier real. 
adra'rs shall personal, or mixed, or the proceeds thereof, of their 
argea ^J^g^^^j^^P ^^ intestate as tliey, after due and proper dili- 
gence, shall recover and receive. 
Sales of real ^^C' ^9* ^'^ ^^^ cases where power is or may be given 
^estate under in any will, to scll and dispose of any real estate, or in- 
^he will t© be Merest therein, 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 before such sales be made, 
the survivor or survivors shall have the same power, 
and their sales shall be good and valid as though Ihey 
/ill joined in such sale, 
ifex'ricre- Sec. 90. No execulor Of administrator shall, under 
njove proper- any pretence whatever, ren)ove any property whatsoever 
^v o^t of the 



WILLS, TESTAMEATS, &C. *^^ 

wherewith such administrator or executor maybe charg- state, letters 
ed by virtue of his letters, beyond the limits of (Jiis state ; ^^J^a ^g^Tt'-n- 
and in case any euch executor or administrator shall re-stituted 
move such property, it shall be the duty of the judge of against bim 
probate, forthwith, to revoke his letters, and to cause a 
suit to be instituted, on his bend, against him and his 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 
damages as the parties interested may have sustained by 
reason thereof; and letters of administration on said estate 
shall issiie to the next person or persons entitled, as in 
other cases. 

Sec. 91. The executor or administrator shall, as 60on^al«of pet- 
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 be 
least four advertisements, set up in the most public pla-^^^®'^ 
ces in the county where the sale is to be made, or by in- 
serting an advertisement in the nearest or most public 
newspaper printed in this state to the place of such sale, 
at least four weeks 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 
purchases under the sum of five dollars shall be paid 
In hand: At^d provided further^ That if any testator shall F'urther 
direct tliat his estate sliail not be sold, the same shall be P^^o^'i^^ 
preserved in kind, and distributed accordingly, unless 
such sale should become absolutely necessary for the 
payment of the debtis and charges against the estate of 
such testator. 

Sec. 32. If any executor or administrator shall be of Crop growing, 

opinion that it would be of advantage to the estate of ,w*^^" ^"^* 
jiiv. • t. i- i- i \- c L\ ' now it ma V be 

the testator or intestate to dispose ot toe crop growtnggy],) 

at the time of liis or her decease, the same shall be in- 
ventoried, appraised, and sold, at the same time, and in 
the same manner, as is directed in the preceding section; 
but if such executor or administrator shall believe that 



2-24 



WILLS, TESTAMEM'y, AC* 



Clerks and 
crier m^y be 
employed 



Their com- 
pensatioa 



Sales to be 



it would be of more advantage to the estate to go on anu 
Jinish the same, previous lo 5uch 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 tiie iiande 
of such executor or administrator, and subject to the 
payment of debts and legacies, and to distribution as 
aforesaid. 

Sec. 93. In all public sales of property, made in 
pursuance of this act, as aforesaid, the executor or ex- 
ecutors, administrator or administrators, may cmplov 
the necessary clerks and a crier, who shall be allowed 
such compensation, not exceeding two dollars per day, 
as the court of probate may judge reasonable, to be 
paid by such executors or administrators, and charged 
to the estate. All such sales shall be made between the 
roadebetween hours of ten o'clock in the forenoon, and five o'clock in 
!*^p^'^^* ^"'^ the afternoon of each day; and any such as shall he 
made before, Oi" after the time herein limited, shall be 
void. 
Sale bill to be Sec. 94. All executors and administrators shall, im- 
certiHed, and mediately aiter making such sales as aforesaid, make, or 
leturn made c^Qse to be made, a bill of the sales of said estate, de- 
scribing particularly each article of property sold, to 
whom gold, 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 jodge of probate, in the like time 
as is required in cases of inventories and appraisements. 
Persons bav- 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 cause an advertisement to be published in tlie nearest 
to benofihed • i. j • a • * * r r i 

by advertise- ^^'^^P^^P^^'^ P^'"'^^^ *'^ ^"'=' ^^''^^^^ lor lour weeks succcs- 
jnent to ex- si vely, notitying and requesting all persons havir.g claims 
against the deceased, to exiiibit the same to such execu- 
tor or administrator, or to the court of probate for the 
proper county, for settlement within nine montlis from 
the date of «^uch advertisemeiit, in order that such ex- 
ecutor or administrator mav certainly know the number 
and amount of claims against said estate, preparatory 
to the liquidation and payment of the same, and aJ^o to 
enable him to ascertain whether the estate be insolvent 
or not: Prouded, 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 fcurof the m.ost public 
places in the county. 



Itibit same 



I roviso 



WILLS, TESTAMENTS, <^C. 225 

Sec. 9G. Any creditor, whose debt or claim against ^eht not du® 
the estate is nol due, may nevertheless present the same ".^'\^ beexhib- 
for allowance and sctilemcnt, and shall thereupon be 
<;onsidGred as a creditor under this act, and siiall 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, (o tiie time such debt would 
have become due, according to the tenor and effect (»f 
the contract. 

Sec 97. No action shall be maintainrildc agiinsl any When action 
executor or administrator, for an}^ debt due from the "if^y ^e 
testator or intestate, until the expiration of one year '"'""^^/"^^ 

' J affllDSt CX6C- 

after the taking out of letters tesf-amentary 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 otiier persons. 

Sec. 98. VViien any executor or administrator, whose When pers^^n- 
testator or intestate shall have died seized of any real ^^J^t^^*: ^"" 
estate m this state, snail discover or suspect tnat theiandtobesold 
personal estate of such testator or intestate is insullicient 
to pay the just claims airainst his or her estate, such 
executor or administrator shall, as soon as conveniently 
may be, make a just ar.d true account of the said per- 
sonal estate and debts, as fir as he or slie can discover 
the same, and shall make out a petition to the circuit Petition t."> 
court of the county in which administration shall have ^J*^ ^''"^"^^ 
been granted, stfiting therein what real estate the said ^""^^ 
testator or intestate died seized of, or so much 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 thirt}^ days notice of the time Notice there- 
and place of presenting such petitio'n, by serving a writ-*^^ 
ten notice of the same, together with a copy of said ac- 
count and petition on each of the heirs or their guar- 
dians, or devii5ees of said testator or intestate, or b\ pub- 
lishing a notice in the nearest newspaper, for three weeks 
successive!}', 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 
whole, or so much of the real estate of said testator or 
intestate as will be sufficient to pay bis or her debts, and 
requesting all persons interested in said real estate to 

W * 



226 WILLS, TESTA31ExNTS» 4kC. 

shew cause why it should not be sol J for the purposes 
aforesaid. 
-Sec. 99. It shall be the duty ofthe said circuit court, at 
Circuit court the time and place spccihed in the notice aforesaid, or at 
may order such other time as the said court shall appoint, to hear 
whole or a ^"^ 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 lor the payment of his or her 
debts, 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 sufiicient 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, ahoays^ That where any houses 
jiouses and and lots, or other real estate are so situated that a part 
^°^^ thereof cannot be sold without manifest prejudice to the 

heirs, or devisees, such court may in its discretion, order 
the sale ofthe whole, or such part thereof as shall not 
be necessary for the payment of debts; and (he overplus 
arising from such sale shall be distributed among t-ie 
heirs and devisees, or such other person or persons as 
may be entitled thereto. ' 

IJecu to be ^EC, 100. All sales of any such real estate directed to 

made by ex. be made as aforesaid, shall be made, and conveyances ex- 
or admr. ecuted for the Same by the executor or administrator 
applying for such order; which said conveyances shaH 
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 
underhim, her, or them. 
.^ Sec. 101. No lands or tenements shall be sold by virtue 

public vendue of any such order of the circuit court as aforesaid, unless 
and between such sale be at public vendue, and between the hours of 
the hours of ^^^^ o'clock in the forenoon and five o'clock ofthe after- 
noon of the samejday; nor unless the time and place of 
holding such sale shall have been previously published 
for the space of six weeks successivel} , by putting up no- 
tices thereof, in at least four ofthe most public places in 
the county where such real estate shall be sold; ^nd 
also by causing a similar notice thereof to be published 
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, TESTAMENTS, &C. 



227 



trator so ordered to make sale of any real estate as afore- 
said, shall sell the same contrary to the provisions of this 
act, he shall forfeit ar.dpay the sum of tive hundred dol- 
lars, to be recovered by action of debt, in the name of 
the people of the state of Illinois, for the use of any per- 
son interested who may prosecute for the same: Provided^ 
That no such oflence shall be deemed to affect the validity '^^•"^^ of sale 
ofguchsale: And provided further^ That il shall be lawful 
for such executor or administrator to sell the same on a cre- 
dit of not less than six, nor more than twelvemonths, by 
taking bond with good security for the payment of the 
j)urchase 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 he filed'be- 
or administrator apply it ;g for such order, shall have made ^^^^ '^^^ °^ 
and filed an inventory, appraisement bill and sale bill, in ""^"^ ^^^'^^^ 
the otlice of {he. judge of probate; nor unless such exec- 
utor or administrator shall hiave 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- Circuit court 
sented for the sale of any real estate, and one or more of*° fippomt 
the devisees or heirs of the testator or intestate shall be fm^mt hefrs or 
infants, and witliout a guardian resident in the county in devisees 
which 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 ag- ^^''^"^^J/'?" 
grieved by any judgment, decree or order, for the sale fny^Jecrpc 
of any such real estate as aforesaid, may appeal from <fec for the 
the same to the supreme court of this state: Provided ^^^^^ °^ ^^''^^ 
Such appeal be entered during the term in which such anpeal™^^ 
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 ^"S '^''°™ ^"j.^^ 
shall be received by the executor or administrator ap- the paymenr 
plying for 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 wl^Te any testator or intestate Lands pur- 
now deceased, or shall herea. :er die seized of any lands, ^^^^^ ^^ ^^^ 
thepayment whereof has not been completed to the U- pj^'; j f^^"^ "^* 
nited States, and the estate of such decedant is or shall 



228 WILLS, TESTAMENTS, &C. 

be unable to make complete payment therefor with ad- 
vantage to suchestatc.it shall be lawful for the adminis- 
trator, executor, or other legal repre!"entatives of such 
Certificates (^g^eased, to sell or dispose of the certificate or certifi- 
cates of entry, or lurtner credit oi the same, in such man- 
ner as they may deem most advisable for (he interest of 
Fuch estate: aijd the money arising i'rom such sales shall 
be assets in the hands of such executor or administrator, 
as in other cases. 
But if estate Sec. 107. But in. all cases where the estate of any such 
solvent, pay- testator or intestate siiall be solvent, and 5uch lands as a- 
lufmpleted for foresaid may be patented without prejudice to the estate, 
izjoh lands it shall be the duty of the executor or administrator to 
complete the payment for the same, by relinquishment 
or out of the procf^pds of the personal property, as the 
case may require, in the name of [he heirs^ or legal re- 
preser.tatives of tlie decedant, entitled thereto; and he 
shall beallov»ed a credit for the amountofsuch payments, 
and ell 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 
testament as aforesaid. 
If lands or de- Sec, 103. In all cases where the lands, or certificate« 
posiL'^ have of e;, try or purchase, of any testator or intestate, on which 
been forfeited pj^ptial navsnents shall have been made as aforesaid. have 

to the L . S *^ 1111 f 1 r r • 1 1 T T • I A 

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 ofiices in this state, and 
the same have, or shall at any time hereafter, 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,orforthe 
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 
mone}' 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 cfsuch 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, TE.STA31ENTS, &■€. *-'-* 

sums ofmoneyriS may be produced by the sale of any 
sr.ch forfeited ccrtiiioates or deposits, or such script as 
may be received in lieu thereof, and all such sums as shall 
be repaid in money as aforesaid, on account ofanysucii 
forfeitures, shall be considered as assets in the hands ol" 
such executor or administrator, and shall be accounted 
for accordingly. 

Sec. 109. Whenever an estate is found to be insolvent, Proceedings 
it shall be so entered of record by the judge of probate; w'len estnte 
and after such order so made, no action shall be maintain- ^''^'^ ^^ inso!- 
ed against the executors or administratojs, except at the ^ 
costs of tlte party suing: but persons entitled shall re- 
ceive their proportions of said estate, in the manner 
herein provided tor; and vvheneverthe real estate shall 
be required to be sold for the payment of debts, no suit 
*hall 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. 110. All demands against the estate of any tes- ^^ , 
tatoror intestate shall be divided into classes in manner g^iJJ^st the^ee^ 
following, to wit: 1st. All funeral and other expenses at- tate divided 
tendin2;the last sickness, shall compose the first class. — *^^^ classes; 
i2d. 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 hns received 
money as such, his executor or administrator shall pay 
out of his estate the amount thus received and not ac- 
counted foi-, whicli shall compose the third class. 4th. 
All other debts and demands of whatsoever kind, witli- 
out regard to quality or dignity, which shall be exhibit- 
ed within two years frofn the granting of letters as afore- 
said, shall compose the fourth and last class. And all i^^'pt exhil ited 

demands, not exhibited v/ithin two years as aforesaid, ^'^'^'^^" ^"^. 

, V6nrs to D6 

siiall be forever barred, unless such creditor shall find forever barred 
other estate of the deceased, not inventoried or account- 
ed for by tiie executor or administrator; in Vr'hich case 
his claim shall be paid pro rata^ out of such subsequently 
discovered estate ; saving, however, toftmes covert^ infants, Proviso 
persons of unsound mind, or imprisoned, or beyond the 
seas, the term of two years after their respective dhp. 
bilities be removed, to exhibit their claims. 



230 WILLS, TESTAMENTS, &C. 

In what man- Sec. 111. The manner of exhibiting claims against 
ner claims |j^g estate of anv testator or intestate, may be by serving 
ited ^ notice of such claim on the executors or administrators, 

or presenting them the account, or tiling the account, or 
a copy thereof with the judge of probate. 
Powcra of Sec. 112. Ttjc courts of probate in their respective 

court* 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 taldng 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 
the 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 j)aity to produce other or further evidence in his 
favoj-: 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 not to Sec. 113. In no case shall any person making a claim 
th '^'^°7|^^^ against the estate of any testator or intestate be permit- 
the party ^^d to prove the same by his or her own oath. 
Claims when Sec. 1 14. x-Ml 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 insufficient to pay the whole 
of the demands, such demands in any one class shall be 
Paid accord- paid pro rata, whether the same sluill be due by judg- 
»»g y ment, writing obligatory, or otherwise, except in such 

cases as shall be herein excepted. 
Demand of ^^^* ^^^' ^Vhen any executor or administrator shall 
any executor have any demand against his testator or intestate's estate, 
i^ fii^ri"-' ^° ^^ shall be required to file his demand with the court of 
court ofVro- P^chate, as other persons, and the court shall appoint 
bate some discrtet person to appear and manage the defence 

for the estate, and upon a final hearing, said court shnll 
allow said demand, or such part thereof as shall be legal- 
ly established, or reject the same, as to said court shall 
nppeaj'just. Should an executor or r^dministrator appeal. 



WILLS, TESTAMENTS, &C. "^31 

in such case, the courl ofprobale shall a [) point some per- 
son to defend a? aforesaid. 

Sec. 1 16. The court of probate shall make an entry of Cor/rt t>:> 
all demands dlowed against estates, and file and preserve '"j**'® j"V^^ 
the papers belonging to the same, and shall also class denrandT '^'^ 
said dcmHi<d« a^ is required hj this act, and when any ex- 
ecutor ur admnustrator shall pay any claim, before the 
same is allowed as aforesaid, said court shall require 
such executor or administrator to establish the validity 
of 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 Vi-ellboiind books, and enter therein the accounts bo^oks^ 
('f executors and administrators, sons to make the same 
a complete record of all accounts allowed, and all set- 
tlemr'nts of estates made in said court. 

Sec. 118. All executors and administrators shall cx-^^^j^ ^^^ 
hibit accounts of their administration for settlement, to counts 
the court of probate from which the letters testamentary to be exhibii. 
or of administration were obtained, at the first term J^^^^^ afthr 
thereof which shall happen after the expiration'of one first termaf 
yearaf[er the date of their letters as aforesaid; and in tpr the cxpir 
like manner every twelve months thereafter, or sooner if '*^**^" ° '^"'^ 
required, until tiic 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 by neys are in 
this act, it shall he the duty of the court to ascertain the s"fficiei.t to 
whole amount of moneys which shall have come into the debts^^redi-*^ 
hands of such executor or administrator, belonging to the tors to be paid 
estate of the deceased, and the whole amount of debts es-/"® ''"^^ 
, tablishec! against such estate, and if there be not sutTici- 
ent to pay the whole of the debts, the moneys aforesaid 
shall be appropriated among the several creditors, pro 
?'<7/a, 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 eourt, 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. 

Skc. 129. Whenever it shall appear that the per- 
sonal estate of any person deceased, is insufficient to <^i?-aieftat^e^is*in- 
charge the debls of such estate, and (here is real estate sufficient, 
belonging to the same, the court of probate shall make^o"^- ^^ P'"^- 
<out such an abstract, from its records, of the debts and st^a^ct^onaiids 



tIo2 ^ILLS, TESTAMENTS, &C. 

&c. to be pre credits of such estate, and of the lands owned by sue > 
sonted totiie ^(^gj-.^fQ^ or iutcslale, from the inventory of suc' estate. 

circiJiL courtt ** 

whether the title he comijlelc or not; which abstract 
s'liali be presented to the Circuit Court, by tlie executor 
Land to be ^r administrator, who may tlien obtain an order to sell 
sold the same, in the iTjanner hereinbefore directed, and the 

proceeds of sucii sales shall be assets in the hands of 
s^uch executor or administrator, 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. 
Proceedinjrs Sec. 121, If any executor or administrator shali'fail, 
against delin- oj- refuse tp pay over any moneys or dividend to any 
quen. '^^"' p-rson entitled thereto, in pursuance of the order of the 
court of probate, lawfully made, witliin 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 
he imprisoned until he shall comply with the order a- 
^oresaid, 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 tak<}n in law to amount to a dcvaHnvit^^u^ an action 
'ipon such executor's or admliiistralors bond, and against 
'ils or their securities, may be fortliwith instituted and 
maintained; and the failure albresaid to pay such moneys 
or dividend shall be a sufficient breach to authorize a 
recovery thereon. 
When nssots Sec. 122. Whenever it shall appear that there are 
are suJicient, sufficient assets to satisfv all demands against the estate, 
conrt to order ^l^^^j,^ of probate shall order the payment of all leg;- 

payment ot . i -n /■ i ji •>• 

ulllegacies acies mentioned m the will ot the tesiator, the specitic 

legacies being first satisfied, 
Monej &c. ^Ec, 123. Where any heir of an intestate has re - 

before paid to ceivcd monev, goods, chattels, or real estate from such 
hf'ir, tobe intestate, if the amount so received shall be charged to 
account ^^c\\ heir by said intestate, the same shall be taken into 

computation in making distribution of the estate upon 
Proviso being brougiit into hotchpot as aforesaid : Pro-cidcd^ That 

an heir who has received from the intestate more than 
liis share, shall in no case be required to refund. 
Bondstohe Sec. 124. Executors and administrators shall not be 
c;iven bj lega- compelled to pay legatees or distributees until bond and 
teesordi5- security be eiven by such legatees or distiibutees to re- 
fund tlie 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 ^'AeA in the court of probate. 



WILLS, TESTAMENTS, &C. 



1133 



Sec. 125. Where, at any time after the payment of Id what cases 
legacies or distributive shares, it shall become necessary ™e""e^funciet/^ 
that the same or any part thereof be refunded for the by legatees or 
payment of debts, it shall be the duty of the court of^^istributeea 
probate, on application made, to apporlion the same 
among the several legatees or distributees, according to 
the amount received by them, except the specific lega- 
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 be 
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 1 26. Where there are two or more executors or Action by oi>e 
administrators of an estate, and anyone of them take j^^^inst^ 
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 127. Actions of trover, detinue, or replevin, Actions thai 
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 126. When the mortgagee of any lands or ten- j^o^tgagee 
ements shall die, leaving minor heirs, the executors or |^^j|J!g^"^-^*g^* 
administrators of such mortgagee shall be, and they are ecu^.or &c. t<i 
hereby authorized, on receiving the amount due the es- release the 
tate of such deceased mortgagee, to release to the mort- ^^^ *^* ® 

X 



334 



WILLS, TESTAMENTS, &C. 



;ourtof pro- 
Date 



Ex'r &c. to' 
?ive bond 



Moneys so 
raised to be 

assets 



gagor the legal title of the said mortgaged premise?, 
and such deed of release shall be valid. 
Real estate Sec. 129. Real estate may be mortgaged or leased 
TaJedlr"]e8il''^y ^^ecutors Of guardians: Provided Such mortgage or 
ed 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 au- niade as aforesaid, the executors or guardians shall peti- 
court of Dfo- ^^°" ^^^ court of probate for an order authorizing such 
mortgage or lease to be made, and wliich 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 not 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. to comply with the provisions of this act, or shall fail to 
admr. or secu- comply with any or all of the covenants in his bond, an 
i-ities, or both jj(,|^JQfj jjiay 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 consider 
himself or herself aggrieved by any judgment, order 
or decree of the court of probate as aforesaid, aid rom 
the circuit court to the supreme £ourt as in other cases^ 



v^ompeDsa- 
tion to ex'rs 
and adm\s 



Action may 
be maintained 



Appeals al- 
lowed from 
the court of 
{jrobate 



WiLLSj TESTAMENTS, AC. 



'i3S 



Sec. 134. Appeals from the court of probate shall he _ ^ 

faken within ninety days from the rendition of the 7^'!'^^" "^"^" 
' I . 1 "^ *^ 1 1 r 1 i XL n ^y "^ys from 

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 Bill of excep- 

item, opinion or decisioiV 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-'^'"®"^'^".P* ®^ 

• . record c£c< 

ceedings relative to the items, opinions or decisions so ' 

excepted to and appealed from, and transmit the same 

to the clerk of the circuit courts who shall docket the 

same. 

Sec. 135. When an appeal shall be taken to the cir- 
cuit court as aforesaid, the court of probate shall sus^^^'^^" **" ap- 
pend all proceedings upon such claim^ or matter in con- f^ken court^ 
troversy, 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 iried by a jury as in other cases. Where ^^ judgment 
the judgment of the court of probate shall be affirmed, ^^J^^^q^^^^ 
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 ^^Jj^^^^q^^^q^ 
shall proceed to give such judgment as the court of pro- bate to pro- 
bate ought to have sriven, and the same shall be certified <^^^^ agreea- 
to the court of probate, and said court shall enter the ^j^^-g^^^ 
same upori 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- ing 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 j udgment be affirmed ; and said bond 
may be put in suit by, and for the use of the paity enti- 
tled to such costs. 

Sec. 137. 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 j°nceof 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, &C. 



Proviso, as to 
fine, &«:. 



Sheriff to at- 
tend the court 
ivhen requir- 
ed 



And serve 

fTOGQfi 



His compen- 
^Htioa 



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 



Laws repeal- 



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 twentydays. 

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 ag 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 
?aid circuit courts respectively. 

Sec. 139. In all cases where executors and adminis- 
trators have been heretoforeappointed, 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- 
hate 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, 181^; "An act 
to authorize executors and administrators to sell real es- 
tate in certain cases,*' approved January 28, 1823; "An 
act to amend an act entitled 'an act regulating ad-minis- 
trations, and the descent of intestates' estates, and for 



WILLS, TESTA>IENTS, &C. 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 w4th any of the provisions of this act, 
be, and the same are hereby repealed: Provided^ Thatp- .* * 
no rights acquired under the provisionsofany 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.] 



238 



RESOLUTION. 



Ftesolved by the General Assembly of the State of Illinois^ 
thai the following laws of this state he printed in the vol- 
ume, containing the acts of a general and permanent na- 
ture, passed by the present General Assembly, to wit: — 

" 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 official departments of the state of illincis," 
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," approv- 
ed December 27, 1822. 

" An act requiring the several clerks of this state to 
keep 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 ofVandalia," 
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 state 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. 239 

" 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 
January 12, 1825. 

" An act concerning the 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 by cutting timber,'* 
approved February 27, 1819. 

" An act authoi izing 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. 

Sectio!is 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, 1325,") ap- 
proved Jan. 28, 1826. 

And resolved, that the above acts be arranged under 
propfT 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^ 
,[anuary*23, 1829. 



240 



LIST OF PRIVATE A^TS, 

LIST OF ACTS OF A PRIVATE OR TEMPORARY NATURE, PASSED 
BY THE GENERAL ASSEMBLY, AT THE SESSION OF 1828-9. 

An act making partial appropriations, approved Dec* 
19,1828. 

An act for the 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-house 
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, 1829. 

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, 
— approv-d 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 estabhsh a ferry on the Illinois river,— ap- 
proved Jan. 16, 1829. 

An act to enable Thomas Clark to build a water grist 
mill on the sixteenth section of township sixteen, north 
of range six, west, — approved Jan. 16, 1829. 



LIST OF PRIVATE ACTS. *H I 

An act for the relief of the sheriff of Jo Daviess coun- 
ty — approved Jan. 16, IS29. 

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 Philip Vinyard, — approved 
Jan. 17, 1829. 

An act to authorize Stephen Phelps and Thomas 
Beard to establish a ferrv on Rock river, — approved Jan. 
19,1829. 

An act authorizing John Woodrome to build a bridge 
across Big Muddy 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, 1 829. 

An act authorizing Thomas Stout and John Edmond- 
son (o build mills in Fayette county, — approved Jan. 19, 
1829. 

An act to amend an act, entitled 'an act concerning 
the town of Shawneetovvn,' approved Jan. 10, 1825, — 
approved Jan. 22, 1829. 

An act for the relief of Hosea Pearce, — approved 
Jan. 22, 1829. 

An act authorizing the county commissioners of Green 
county to levy a tax, and for other purposes, — approved 
Jan.23, 1829^ 

An act authorizing Francis Prince \o establish a ferry 
on the waters of the Ohio river, — approved Jnn. 22^ 
1829. 



242 



FUGITIVES FROM ONE STATE TO ANOTHER t 

AN ACT RESPECTING FUGITIVES FROM JUSTICE, AND PERSONS 
ESCAPING FROM THE SERVICE OF THEIR MASTERS. 

Sec. 1. Be it enacted by the Senate and House of Rep- 
vesentatives 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 be- 
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, such fugitive to the state or 
territory making such demand, shall be paid by such 
state or territory. 

Sec. 2. And be itjurther enacted, That any agent ap- 
J)ointed 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 offending, 
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 mav be due, his ae:ent or attorney is 



FUGITIVES FROM ONE STATE TO ANOTHER, 

hereby empowered to eeize or arrest such fugitive from 
labor, and to take him or her before any judge of the 
circuit or district courts of t^ie United States, residing 
or being within the state, or before any magistrate of a 
county, city, or town corporate, wherein such seizure or 
arrest shall be made, and upon proof, to the »atisfaction 
of such judge or magistrate, either by oral testimony or 
affidavit taken b( fore 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 offences 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.] 



245 



REPORTS 

OF THE 

AUDITOR AND TREASURER 

TO THE 

DECEMBER, 1828. 

AT7DXT0R'S HEPOR'T. 



auditor's office, > 

Vandalia^ Sth December^ 1828. i 



The Auditor of Public Accounts has the honour of submit- 
ting to the General Assembly of the State of Illinois, the enclo" 
sed stntements, numbered I, 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, 1828.6 

I am, Sir, 

Very respectfully, 

Yr. mo. obt. st. 

E. C. BERRY, .Auditor. 

To the Hon. 

The Speaker of the Senate. 



246 



ItKPORT. 
NO. 1. 



Total amount of Receipts and Expenditures at the Treasury, from the 30th 
of November, 1826, to the 2>0th day ofMvember, 1828. 



On what account received. 



Amount remaining in the Treasury on the 
30th Nov. 1826, 

Amount received from non-resident?, from 
the 30th Nov. 1 826, to the 1 5th Feb. 1 827. 

Amount received from the Ohio Snline, dur- 
ing the same time. 

Amount received from the sales of Vanda- 
lia lots, during the same time. 

Amount received from sheriffs, during the 
same time, . . - - 

Balance of redemption money in the Trea- 
sury, on tlie 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, _ . - - 



From this sum, deduct the amount of inter- 
est paid on state paper, and warrants, and 
money refunded, in 1825, '26, and '27, 

Also deduct the amount of Audited war- 
rants paid at the Treasury, interest paid 
onstite paper and warrants, and money 
refunded, from the 1 5th Feb. 1 827, to the 
30th November, 1828, 



From this sum, deduct the amount due from 
Abner Field, late Treasurer, r 

Leavinoj a balance in the treasury, on the 
SOthNovember, 1828, of - - 

Amount of redemption money received. 



Dolls. S,-cts. 



20,824 02 

24,004 OOl 

1,033 48 

157 60 

4,446 79 

1,475 61 



59,172 28 

200 50 

3,129 50 

2,487 18 



5,o5B 31 



84,561 09 



JDolls. &f cts. 



51,941 50 



64,989 46 



116,930 96 



90,119 4a 



26,811 5G 
19,491 70 



7,319 86 



REPORT. 



2^ 



Dolls. 6rcts. Dolls, Si- cts. 



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 of audited warrants drawn upon the 
treasury from the 30th November, 1 826 
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, - w - - 

The Secretary of State, 

The Auditor and Clerks, 

The Treasurer, 

Attorney General, 

Circuit Attorneys, - - 

Road Commissioners, . - - 

Special appropriations. 

Contingent Fund, - - - 

TheMiHda, 

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, - - I 

Town of Vandalia, for the excess over 10 
per cent, on lots relinquished to the State, 

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 thei 
State, viz: 



9,128 81 
7,210 62 



23,296 55 
13,579 77 
2,984 71' 
1,539 07 
3,435 !2 
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 
1,182 87 
880 00^ 
1,735 00| 
1,514 86 



307 87 



1,918 19 



79,524 26 

53,319 50 

7,319 86 



45,999 64 



348 



REPORT* 



- 


Dolls. & cts Dolls. 6,' cts. 


From non-resident delinquent list now ad- 




vertised for sale, 


16,240 70 


From sheriffs on Military Tract, &c. 


1,240 80 




Fronn Yandalia lots, on sales by tlie Com- 






missioners, 


6,173 53 




From Vandalia lots, on sales by the auditor. 


2,222 60 




From A. Field, late treasurer, 


19,491 70 


From the Ohio Sahne, 


3,826 55 





E. C. BERRY, Auditor. 



State of Illinois^ Auditor's Office^ 
^^andalia, Sth December^ 1828. 



NO. 2. 



A Statement of the Receipts and Eixpenditures at the Treasury^ from the 
SOth nfMve7nber, 1286, to the 15th of February^ 1827. 



Amount of cash received from the 30th No- 
vember, 1 826, to the 1 5th Feb. 1 827, 

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- 
mounts, 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 Abner Field, late Treasurer, 
and his securities, - - - 

Leaving a balance due to tiie State, from 
A. Field, late Treasurer, of 



29,641 


87 


20,824 


02 


1,475 


61 


5,558 


31 


2,800 


00 


24,091 


49 







51,941 50 



32,449 [0 



§ 19,491 70 



The late Treasurer claims a credit for moneys received by James K'^lly, 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. BERRY, Auditor. 
Auditor^ s Office.) I'^andalia^ Bth December^ 1828. 



REPORT^ 
NO. 3* 



249 



Receipts and Expenditures at the Treasury, from the \bth February 
1837, to th e 30th of Mvember, 1828. 

Amount paid into the Treasury from non- 
residents, . - ... I 59^1 72 28 

Amount received from the sales of lots in 

the town of Vandalia, - - . 3,129 50 

Amount received from she riffs, - - 2,487 18 

Amount received from the agent of the 

Ohio Saline, - - . . 200 50 

Amount received from Abner Field, late 

Treasurer, and his securities, • - 26,891 49 



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 30th 
I*^ovember, 1828, of 



91,880 95 



84,561 09 



$7,319 86 



Anditor'^s Office, Illinois, 

Vandalia, dth December^ 1828^ 



E. c. Berry, ^wc/zvor. 



250 



TRSASUKZSR'S REPOHT. 



Treasurer's Office, 
Vandalia^ 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 
at tiie Tr£asur3^, from the date of my appointment up to the 30th 
of November last, and an account current shewing tlie balance 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, must 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, 1 was under the unpleasant ne- 
cessity of choosing between two evils, vjz: of neglecting a portion 
of the duties of my office, or of employing a sufficient number of 
clerks on my own responsibility, 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 of the Senr/te. 



REPORT. 



251 



Report of tlie Receipts and Payments at the Treasury of the state of 
Illinois, in the years IS^-Il and 18^8. 





RECEIPTS. 


1827 


Feb. 


4,689 29 




March 


2,511 13 




April 


176 10 




May 


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. 

■ 
Jan. 


^-^8,11 2 86 


1828 


13,556 94 




Feb. 


400 09 




March 


249 08 




April 


847 25 




May 


1,354 83 




June- 


2,065 26 




July 


5,754 37 




Aupjust 


9,844 6i 


Sept. 


i,116 90 


Oct. 


818 68 


! 


Nov. 1 


2,431 08 



53,441 86 



38,439 09 



PAYMENTS. 


1827 


Feb. 


3,787 52 






March 


2,646 63 






April 


211 23 






May 


328 62 






June 


1,199 16 






July 


3,573 14 






August 


6,367 47 






Sept. 


811 57 






Oct. 


2,538 65 






Nov. 


1,998 73| 




Dec. 27.>96 97| 






1 


50,859 69 



1828 



Jan. 

Feb. 

March 

April 

May 

Juiie 

July 

August 

S'^pt. 

Oct. 

Nov. 



10834 82 


410 


00 


24-^ 


39 


957 


59 


1,046 


66 


1,98-- 


34 


4,037 


15 


5,^04 


46 


1,595 


83 


779 


76 


2,358 


'9 



91,880 95 



Money refunded in 1827 and 1828, 
Interest paid on state paper and warrants, 



-30,123 65 

80.983 34 

1,065 11 
2,512 64 



84,561 09 
JAMES HALL, Treasurer, 



REPORT. 

Jam6s Hall^ State Treasurer^ in account with the State of 

To amount of taxes paid into the Treasury from Feb, 

16th, 18^27, to Nov. .^Oth, 18:8, inclusive, 
** cash received from sheriffs within the above dates, 
'* cash received for Vandalia lots vi ithin the above dates, 
'' cash received from Saliies within the above dates, 
'' cash received frouj A, Field, late Treasurer, 
^* cash received from the securities of A. Field, - 



2 


^^2 


Illinois 


• 


DR. 




59,172 


28 


2,487 


18 


3,129 


50 


200 


50 


10,801 


49 


16,000 


00 



By amount of warrants pai J at the Treasury from the 

16th Feb. 1827, 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, 



91,880 95 

CR. 

80,933 34 
1,065 11 
2,512 64 

1,200 00 
6,119 86 

91,880 95 



BEDSXilXPTXOK FTTXTO, 



Cash received for Redemption, 
Cash paid for Redemption, 



9,128 81 
8,210 62 

1,918 19 



JAMES HALL, Treasurer. 



Vandalia^ Mvember 30th, 1 828. 



.i*.-'.^. 



INDEX. 



A. 
ADJUTANT GENERAL— PAGi-r 

To report the number of persons in this slate) ^2 

subject to militia duty, ) 

APFROPRIATIONS— 

$4000, State Paper as Contingent Fund, - - 5 

Compensation to the officers and members of the) ^^ 

General Assembly, ) 

The said compensation how certified, and at what) q 

rate paid, 5 

To Isaac Morgan, R. M. Young, R. J. Hamilton, A. 
F. Grant, J. D, Gorin, Sec'y of State, W. Haf- 
grave, W. C. Jones, T. M. Nichols, J. Harlan, J, 
B. E Canal, W. Carrigan, A. Cowles, J Black, 
W. Nichols, B, P.MJl'er,J Enochs, T.Redmond, 
R. Blackwell, T. Ford, F. Stall, State Treasurer, 
R. K. Flemming, Sinn & Hankin, G. Forquer, 
Auditor, Governor, Judges, Attorney General, 
State's Attorneys, and Cashier of the Branch 
Bank at Edwardsville, - - . - 6, 7, 8 

To Guy W. Smith, - 10 

Defray the expenses of ascertaiuining and surveying) ^^ 

the Northern boundary line, ) ^ 

To J as. 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, h 
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) ^ 

judgment is rendered, S 

And amount made on prior executions to be endor-) ^^ 

sed when issued to a foreign county, ^ 

Deeds for land sold 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, 5 

ATTORNEY GENERAL AND STATES ATTORNEYS— 

Required to give bond for performance of certain duties, 115 
See •' Seminary fund," " State Bank." 
AUDITOR— See "APPROPRIATIONS," "CANAL," "CONVEY- 
ANCES," "COURTS," "LAWS," " PUBIJC 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," --.„.... 188 

B 
BOUNDARY— 

Line between Illinois and Indiana established, - - 9 

A stone with certain inscriptions thereon, to be placed ) .q 

where said line leaves the Wabash river, 5 

The Governor to appoint a Commissioner, to act with ) 

Commissioner on the part of the U. States ^ J I 

to ascertain and survey the northern, \ 

Duty of Commissioner, and authority to employ surveyor, Szc. ib. 
Compensation of Commissioner, how ascertained, and, ) ., 

with other expenses, how paid, ^ 

In case of inadequacy' of appropriation, the General As3em-> -^ 

blytomakea further, ) 

Line between Randolph and Monroe counties, how established, 31 
County courts may direct county lines to be run when necessary, ib. 
Southern of Edwards and Wayne counties, and boundaries) o^ 

of Tazewell county established, ^ 

BRIDGES,— See "FERRIES, TOLL-BRIDGES and TURNPIKE ROADS," 

Allen Rudolph authorifedto build bridge on Little Wabash, - 12 
On what conditions^ .... - 12—13 

Toll to be exacted, . . - - . 13 

In case <^( Rudolph's failure to avail himself of the privilege, or) ., 

neglect to comply with the requisitions, any other person may, J 

Any persori complying with the same requisition may erect ) ., 

bridge on the Skillet Fork J *" 

Bridges authorized by this actsubiect to conditions imposed, ) .^ 

by the act of February 11, 1827. I ^° 

CANALS, 

Law providing for the construction of the Illinois and Michigan ) 
canal, y 

Conjmissioners to be appointed, and vacancies how filled - 14 

To choose a President, Secretary and Treasurer, - - ib 

Compensation to said President, &,c. - - _ ib 

Meeting? of board and adjournments how called ard made - ib 

Commissioners authorized to appoint agents, &;c., and to accept ) ... 

services of an U. States Engineer, ^ 

Commissioners to take oath, and give bond, - - ib 

Their compensation, - • - - - 15 

Treasurer to take oath, give bond, and, in certain cases, shall te i 

required to furnish additional security, for a failure wherein, v ib 
or other culpable rieglect liable to removal, S 

Duty of Conjmissioners to locate the route of the canal, and to \ 
cause all necessary surveys and levels to be taken, and accu- f 
rate drafts, &;c., to be made; and to commence the work ^ ib 
when they deem expe^lient, ) 

Commissioners shall, in conjunction with the U. States Commis-) .. 

sioners select the alternate sections of land graiited by Congress, \ 
In case no Commissioners be appointed by the U . States how to ) 

proceed ^ 16 

Commissioners after the selection is completed, to give notice and ) 

sell the land, in what manner, and upon what terms, ^ ^" 

Commissioners to grant to purchasers of land a certificate, and ) 

forwarvl duplicates thereof to the Auditor, ^ ib 

Persons holding certificates may obtain patents, and how - ib 

Commi£sioners mu> lay ' flany portion of tl e land into town lots ib 

Treasurer to keep an office, togr.mt certificates of purchase to ) 

purchasers at private rale, 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 malte detailed report to the General v 1 7 
Asseii/biy, ) 

Boramisiiutars incorporated^ and style, - - - il> 

Diuionsions of canal, and expenses incurred how paid, - 17-18 

CENSUS — 

A Cominisjioner to take, to be appointed in any county, by the 

c juty Comai- -siouers' court, 18 

What persons are lo be enumerated, nnd how distinguished, - ib 

JVianufactones kc . Vj »e enumerated, anci enumeration how made, 19 
E!.aij\eratiua who.; to Cljmnlence^ oath of Comrxiissiouer, ib 

Retu ns w?>en, to whom, and in what forrato be made - - 19-20 

Miiitia men how classed, - - - - -21 

PenaHy for neglect of duty in Commissioner and act to be given in) 

churge to grand juries, ) ib 

Further ciirecticns to Commissioner, 
Penalty, and hort recovered, against any person withholding infor-> 

matjon from the Commis=*'orier, ) 22 

Corapensalion to Commissioner, ib 

Dut V oi Secretary of bta te and Adj't. General in relation to the census, ib 
COMMON FIELDS— 

Proprietors of may meet to make rules and regu-) g^ 

Ifitions, &:c. S 

They may appoint certain officers, . - - ib. 

They shall choose a " field committee,'" the mem-) 

bers whereof shall be sworn, and may cali> ib. 

meetings of proprietors, and in what manner, ) 
"Proprietors may levy tax, appoint assessor and col) 

lector, and appropriate funds to the common v 70 

benefit, ) 

Duty of "field committee," and penalty for failure in it, ib. 
Fence of corn, field intersecting or miming in upon) 

any particular enclosure, the division fence to > ib. 
be a mutual expense. 1 

Person whose land joins common field, laying open i 

fence, without giving 2 months notice, subject V 71 

to pay damages, ) 

Accounts how audited and paid, - - - - ib. 
Proprietors may order fines and forfeitures, not ex- ) 

cteding $5, and party thinking himself ag-> ib. 
grieved, may appeal to Circuit Court, ) 

Shall be fenced by 1st May, annually, and not de-> ^^ 

pastured between the 1st of May and I5th Nov. ) 
CONSTABLES— 

New districts for the election of may be formed, - - 93 
Election of how held, and term of service, - - - ib. 

Vacancie?, how fillet], .. . ^ . _ - .. 94 
How to serve and return summons against special bail, - 95 

Payment or tender of plff's demand by deft to consta-) 

"^ble witk process shall exonerate deft from further^ 96 

costs, ) 

Summons how served and returned when def 't evades, - 97 

Authorized to collect fee bills, ----- 140 

CONVEYANCES— . ^ 

To be made by shenfTto lands sold under execution) g 

on attachraenl, > 

Patents to be issued by the Gov. for land sold by ca- ? jg 

nal com'rs, 5 

May in certain cases be decreed by courts of chancery, 
Certain proceedings necessary in suits for conveyances, - ib* 
In cases of minor heirs, guardian to be notified of ap- i 

plication for decree^ and when there is no guar-> ib' 
dian, guardians ad litem to be appointed, ) 



!256 INT>EX. 

PAGL'. 

Executors and administrators, or heirs of dec'd obli-) ^o a 

gors oaay obtain decree, and h(v.v', ) 

Complete record to be made in suit for conveyances, - 24 

Before who!u deP'Us may be iicknuivled'-ed, - - ib. 

V What certificates neccrtsarv in difiVrent cases, - - ib. 

Assignments of auditor'^ certificate may bo aoknowl-) 25 

edged before the auditor, ^ 

Residents' deeds may be recorded it stite Recorder\s office, ib 
Deeds to be recorded in six months, or void again-^t) ., 

subsequent purchasers, y 

Deeds to lots in the county seat of Macon county, how made, 30 
Certain words of cession to be considered express warrMHty 1 16 
Mortgagee, when paid and requested by mortgagor,) ., 

to enter satiefaction, > * 

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) q„ 

shall exonerate defendant from further costs, ^ 

Non-residents to give bond for, in suits before justices, - - - ib. 
Execution with bill of, may issue against security, - - 97 

Malicious prosecutors liable for, ._,__, 98 

Law limiting cost recoverable on appeals repealed ^ • - ib. 
COUNTIES— 

Macoupin — Created, and its bounds, > - . . 26 

Commissioners to locate the seat of justice) ofi-''? 

appointed, their oath and duty, ^ 

Courts and elections for a time to be held at Jos. ) ^7 

Bourough's, in said county, ) 

Notice of elections, and privileges of citizens, 27-28 

Compensation to commissioners, - - - 28 

Maco5 — Created, and boundaries, _ - . - 28 

Name of county seat, ^ - - - - ib. 

Commissioners to locate seat of justice, - - - ib. 

If location be made on private property, donatton) ^9 

required, ) 

l[ on public land, the same may be purchased, and ) ^j^^ 

commissioners to report, ) 

Town to be laid oif in lots, and sold, proceeds) 

whereof how applied, and deeds to be made by > 29-30 
county commissioners, \ 

Courts and elections, where to be held until the) ^n 

county seat is located, ^ 

Notice of elections, how given, - - - - ib. 
Compensation to commissi<jners, _ . • - ib. 

How class with other counties to vote, - - - ib. 
Attached to first judicial circuit, - - - - 31 

Randolph and Monroe, line between, see " Boundary." 
Wayne and Edwards line, southern line of, see '^ Boundary." 
COUNTY COMMISSIONERS— 

See "COURTS." 

Similar proceedings may be had in cases 
of insolvent judges of probate before 
any county commissioner, as in court of 
prob=ite in other cases, - - - » 84 
COUNTY SURVEYOR— Sec "SURVEYORS." 
courts- 
Probate established, where directed to be held - - - 37 
Judges to be elected by the Legislature, term of ser- 1 

vice, vacancies how filled, and general jtiri-^-> ib. 

diction, } 

Terra? of courts, required to have a seal, and to> 

iteep a record, > ^br 



INDEX, 2^*^ 

COUaTS— f?onimueJ. , ^ . ^ , Page. 

How matters shall bo tried, and in what manner I c^ 

appeals and writs of error shall be prevented, ^ 

In case of vacancy in office, how filled, - - 38 

Judge to take oalli, and allowed fee?, - - ib 
See ^'executors and administrators" "Will?,'' 
Jurisdiction in cases of insolvent debtors, see in- ) 
solvent debtors ) 

OiFice of vacated by non-residence of incumbent, - 115 

Few,— May issue fee bills, directed to sheriffor constable, - 140 

See Descents -^OS and 206, Dower 204 ' " o 

' Appeals allowed from to circuit court?, - - 234 

How obtained and presented - - 235 

Power of conrtsto enforce orders, &c. - - ib 

Sheritf to attend, when required andeerve process,. ) 236 
his compensation, ) 

Supreme — how comiiosed, . - ^ - - ^j 

General- jurisdiction, • - . . . ib 

May institute rules for practice, and duty of cfhief justice, 39-40 

Judges to take an oath, ..... 40 

One term to beheld annually, .... 40 

At what time and place, . . • • ^0 

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, ) 

Original jurisdiction of court, and' powers incideat thereto, ib 

Duty and qualification of clerk, ... A'Z 

Ju<1ges to hold circnit courts, . . • 42-48 

Judges made conservators of the peace, and may award i ^^ 

certain writ?, S 

Judgesof may take acknowledgments, . 24 

Compensation allowed the Sheriff of Fayette for at- \ ^- 

tendance on ) 

Place provided for holding, and appropriation to repair, 47 

Judgesof may award injunctions, - - 49 

Judges of to decide certain contested elections, , QG 

DeedsofSheriff for 'property sold under execution from,) g^ 

how acknowledged, ) 

Judge of may stav execution, . • * 92 

Clerks may issue fee bills to constables, see "salaries, } j^^ 

fees,&c," %9jf,.o 

Circuit — by whom to be held, . • • 4^ dC4o 

Gritninal jurisdiction, • • ' j A 

Suits to be tried in the counties wherein they originated, 44 

Quaiificationa of clerks, ... ib 

Duty of clerks and liability to removal, . . ib 
Clerks to receive from their predecessors all papers, &c. 

and power of court to coerce their delivery, . 45 
Clerks office to be kept at the county seats, and to be ) ^5 & 45 

examined by Judges, > 

Special terms for the'trial of criminals m^y in certain > .j^ 

cases be held, ) 

Notice of such special term required, . • 45 & ^g 

. Original process may run into foreign county in certain) 3q 

cases only ) 

Process how executed, and power of court to punish contempts, 4(i 

Subpoenas may run into any county of the state, . 4§ 
Sittitig in chancery may decree conveyances . 23 &; 24 

Judges of may take acknowledgments, . . 24 

To give census act in charge to giand juries, . . iH 

Counties composing the several circuits, . ^ 4S 

/ud'^es allotted, . . . , ib 
A -x 



^58 IiM>EX. 

iJOVRT^— Continued. 

North of the Illinois river established, . . 21 
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 ) ^q 
the circuit in which he presides, ) 
■ Two terms in a year to beheld, and what times in the lst> 

and 2d circuit, ) 50 

When held in the 3d, 4th and 5th circuits, . . 51 
Process how issued and tested, . . .52 

A change in the terms not to affect the proceeding?, . 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 deedfein) on 

certain cases, ) 

Duty cf court to note amount &c. in cases where state > go 

Bank is concerned, ^ 

Judge of may stay execution, . . . - ib 

Duty of incases 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, &c., 

Duty of in relation to sales of lands by executors and I ^^^.r "• 
administrators, ^ *. * 

CoUKTY COMMISSIOERS — 

Constituted, and how composed, - - 33 

To hold 4 sessions in each year, and have power to ap-) , 
point and remove their clerks, . ^ 

General jurisdiction and proces?, - , - ib 

Shall have a seal, ." " " " ^^' 

Qualification of clerks, _ _ - . ib 

Time of terms, and provision for non-attendance of a ) .-,. 

quorum, ) 

Special terms maj' be held, and how called, - ib 

Not to have any jurisdiction 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 - - S.'i 

Duty of in relation to the takiiijj' of the censu?, -. 18 

May direct county lines to he run, when necessary, Jt 

Duty of in relation to the erection of court houses ^ _« 

and jails, ^ 

Duty of in relation to elections, - 54, 05, 61, Sc 67 

Duty of clerks of, in relation to elections, - 55^ 60, 61, 62, 63, 66 

Candidate for county commissioner, court contesting) gr 
election, how to proceed, ^ 

Av Duty of with regard to eslrays, - - 73 

I^Iembers of county commissioner-s court to have ) o^ 

cognizanceof certain cases of insolvancy, ) 

CWk ofto take sheriff's acknowledgment in certain cases, 89 

May create new districts for the election of justices ) g.j 

and constables, ) 

Clerk to issue order for election to fill vacancies, - ib 
Ivlay change or alter districts. 
May cause additior'ul justice to be elected in the ) 

county seat district, vacancies in the office of > 94 
constable to be filled by j 

Shall ordcrjust expenses of sick or dying poor persons) ..^ 
-' to be paid, S 

Office of clerk of, declared vacated by non-residence) j^g 
of incumbent, \ 



INDFX. 230 

COVRTB— Continued. Page. 

Sheriffs to settle with at March term, annually, 120 
Clerks of to make list of lands listed and transmit > 

it to Auditor, S ib 
Clerks to note lands listed with them, but lying out of > 

their respective counties, ^ ib 
To receive a copy of Auditor's advertisement of ) 

lands to be sold for taxes, $ 122 

Clerks may issue fee bills to constables, - - 140 
See "salaries, fees, <fc:c.," "school lands," seals, 
May authoriKe the building of warehouses for thein-> 

spcction of tobacco, to require bond, ^ 174&175 

To appoint inspectors of tobacco and to fill vacan- ) 

cics, may appoint additional inspectors, y 175 

To require bond of inspectors, - - - ib 

Tobacco inspectors to make return to, - - 178 

To appoint commissioners of warehouses - - 182 
May appoint 1 or more inspectors bef|tre the erection) 

of public warehouses, y ib 
Duty when proprietors of town, - - 184 &; 185 
To provide weights and uieasurcs for standards, to > 

give notice thereof and provide seals, • ) 190 

COURT HOUSES & JAILS— To be erected, - - 5S 

D. 

DEEDS— See "CONVEYANCES." 

DESCENTS, DISTRIBUTIONS, AND OTHER DISPOSITIONS OF ES- 
TATE8— 

Of intestates' estates, ..... 205-?! 

Estate of a testator not devised or bequeathed considered) „^^ 

intestate, y "^ ^ 

Certain property to be retained by widow, and not subject ) ^or 

to debts, y 

Hotohpotch proceedings when to be had, . . . ib. 

Children born of parents who afterwards intermarry and ac- ) 

knowledge them, legitimated, and made capable of in-> 207 
heriting, ) 

Children of unmarried women to inlierit mothers^ estates, ib. 

Posthumous children to inherit, . . . . 207-8 

Balance left of estates whereon administration has been 
granted to public administrator, together with other 
particulars to be published, with a notillcation to cred- 
itors, and amount to be paid into county treasury, 210-1 i 
Inventories how taken and returned, . . . Slf^ 
Warrant to an[;raisers, oath of appraisers, their duty, 219-'2'* 
Further assets discovered, e'xecutora and administrators to> f»f,,v 

make return, ' ; "* 

Compensation to appraisers, .... 22L 

See ** Dower." 
Personal estate insufficient to pay debts of deceased, land > o.Tr.f.-v 

to be sold, proceedings therein, 3 

Certificates to'land nia>"be si.dd, . . . . 228 

Executors and administrators to avail themselves of relief^ . 

acts of Congress;, ^ 

Procee(]ings when estate is found to be insolvent, . 229 

Demands how to be Cifissod, . . .■ . . ib. 

Assets sufficient, court to order payment of all legacies, 23;i 

Money, ^c. charged to him by intestate to be taken into account, ib. 
i^pgatccs and distributees to >j;ive bond, . . . ib. 

When it is necessary for legatees or distributees to refund, i 

court to apportion, except specific legacies, legatee or > 23;i 
distributee refusing how proceed against, j 



260 INDEX. 

BOWER— 

Devise of laml, or bequest of personal property, bar to,) 
unless -within six months she renounces, ^ 

Equitable estate and estate to which title is perfected af-> 



indl 
lajV 



PAGE. 

204 
207 



ter death of husband subject to^ 
Widow may elect of what she will take her dower, and 

to make written application for such as she may^ 221 

choose, 



E. 

ELECT! ONS— 

Precincts, not exceeding eight, to be laid out, place of e-. 

lection in each designated, which ma^' be changed, and r -^ 

two sets of judges for the county eeat precinct autho-t 
rized, ' 

Judges to be Appointed, notified thereof, and to choose) ^. 

clerks, vacancies to be filled as they occur, ) ^ 

Notices of elections to be by the clerk made out for, find > 

posted by the sheriff in three different {daces in each v ib. 

precinct, form of notice, ^ 

Judge failing to act, his place to be supplied by the nearest ) 

justice of the peace, or discreet elector, no judge at-V 50 

tending, electois present to choose, j 

Oath of judges and clerks, ^ . , . ib. 

Oath to be administered by justice of the peace, or if none i 

be present, by vhe judges themselves, and entry there- V ib. 

G'f to be ma«}e, j 

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 judges deem uecesaary they may be kept open after 
G P. M , . 57 

Stationary to be provided by clerks. , . . ib. 

Elector to vote viva voce, . . . , . ib. 

Elector shall not vote for an}^ person out of the district i 

of which such person will be an officer if elected, > 57-8 
penalty therefor, and for voting twice at same election,) 

j.f 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, - - - - - - 58 

Constables to attend and preserve order, judges empower-) -r. ^ 
ed to fine aad imprison disorderly persons, ) 

Poll books to be prepared, and form thereof, - - 59 

One poll book to be returned to count}' cleik, by one of the > 

judges or clerks, the other lodged with the judge?,> 60 

penalty for failure to return, y 

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, 
cPk, or cl'ks of county or counties, last established to 
attend at senior county, and examine polh &;c. joint- 
ly — for three districts special provision made — dis- 
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, - - > - ^0-? 

Two candidates having an equal number of votes, decision by lot, ib. 
Returns to be made by county clerk? to secretary of state, sec- 
retary of state, k.c. to canvass the votes for representatives 
to congress, governor to grant certificate to jjo^ons elected 
and i=sue proclamation, - - - ■ '- - 62 



INDEX. ' 261 

ELECTIONS— Con/mwed. s-age. 

In case of delay in returns, secretary of state to employ mes- 
senger — his compensation, - - - - ib>. 

Person elected may resign without having entered upon dis- 
charge of duties, vacancy in office of member of general 
assembly, sheriff or coroner, governor to issue writ of e- 
lecttou, ill cuse of coroner or sheriff, cJerk of county to 
notify tho governor in case of representative to congre&s 
governor to i:-s(ie proclamation, - .- _ _ 63 

Vacancy in the oflice of governor, secretary of state to noti-> ^^ p. 
fy clerks of counties and sheriffs, &c. \ tJ-o 

Canrlidate for gen. assembly contesting election, how to proceed,. 63 
Duties and authority of ju-ticcs of the i)eace therein, ib. 

Candidate foF sheriff, coroner or cjunty 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 noil performance) ^f. ^ 
of dut}', or for refusing to admit voter, C "^-" 

Incase of vacancies in general assembly, cl'ks to notify the 
governor, who shall issue writ (»f electiori — vacancy hap- 
peningin the oilice of governor, secretary of state to noti- 
. fy sheriffs, and order an election, - - _ - 06-7 

Ekclioii for certain officers to be held on the 1st Monday ofi 

August, 1830, and bienially thereafter, and for governor Sii 67 

lieut. governor quadriennially thereafter, j 

Election for reprcsentativesin congress in 1831 and 1832, and> ., 

bienially thereafter, ^ *"' 

Clerks not empowered to reject votes, - - - - ib. 

Judges and citrks to receive certain compensation, - - ib. 

Vacano of electors of president and vice-presideat to bc> ./ 

filled by appointment of the other electors, ^ *"' 

Former general election laws repealed, - - - C8 

Elections in general assembly (with certain exceptions) mem-) ., 

bers to vote I'/r.-f uoce, in the representative hall, y ' 

New election districts for the election of justices and consta-) q-, 

bles may be created, ^ 

Election districts may be changed or altered, .. - _ ib; 

Elections for additional justices of the peace at county seat^ q^ 

inav be held, ( 

ENCLOSURE— See "COMMON FIELDS." 
ESTATES— See '' DESCENTS," &c. '^ DOWER,-' «• EXECUTORS 

. AND ADMINISTRATORS," and '^ WILLS." 
ESTRAYS— Sre " HORSES." 

Certain estray property, not claimed, vested in the person 
taking it up — vrhen over the value of $5 shall be deliver- 
ed to, and sold by the sheriff — owner ar.{)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 $\5 may be vested in tJje person taking 
np and how, « _ _ - . « 72-3 

Part of former law repealed, - - -- - - 73 

EXECUTORS AND ADMINISTRATORS— See "WILLS."' 

May in certain cases be compelled to make conveyance, - - 23 

May make conveyances in certain other cases - - - ib.-24 

Letters testamentary to issue up(*n probate of will, - - 193 

Debtor appointed executor not thereby exonerated, - 1P5' 

Courts of probate to have jurisdiction in matters relating to - 196 
Will being proved and recorded, letters testamentary or of ad- f .q.- 

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 make^ I9i 
known his refusal to act. 



a 



Upon refusal or disqualification of eriecutor to act, court of pro-> ., 

bate to appoint administrator with will annexeii, y 



2G2 INDEX. 

EXECUTORS AND ADMINISTRATORS— Co/i«mue<f. page. 

Executor of an executor not in consequence thereof executor of> 

the first testator, J ^"• 

Persons a^ed 17 years maybe executors, court in such cases toi 

appoint person to act until the executor obtain the full age, ) 
Power of executor before probate of will, - - - 199 

^Vhen two or more executors are a(»pointed, in case of death,) 

disqualification, or refusal of one or more, letters to begrant-> ib. 

cd to the other or others, \ 

Kxecutors and administrators with will annexed to take an oath, f-Jrm, ib. 
Kxecutors Sc administrators with will annexed to give bond, form, 1 99-200 
When estate is evidently solvent, and testator directs that execu- ) 

lor shall not give bond, bond shall not be required, but other- i 200 

wise it shall notwithstanding will, . \ 

What shall disqualify executor, court to admit the usual kind of) ^r.. 

testimony, ^ '^"' 

In cases of unavoidable delay, courts may issue letters to collect) ., 

in meantime, ^ *"' 

Form of letters of administration to collect, - - . 201-^ 

Administrator to collect, to give bond, form thereof, - - 202 

And take an oath, form thereof, - . - _ 203 

J3uties of administrator to collect, his compensation, - - ib. 

Administrator to collect may institute suits, and they shall not> ., 

abate by appointment of executor or administrator, ^ 

Upon granting letters testamentary, &c. administrator to collect) nn^-A 

to deliver up papers, \:c.- j 

Executor or adnjinistrato' with will annexed to have preference) ^oa 

in administering estate not bequeathed or devised, ) 

To maintain action against widow if she coramit waste, - 205 

To whom administrations shall be granteti, and in what cases to) onft 

public administrator, ^ 

Governor and senate to appoint public administrators, - - ib. 

Public administrator to take certain oath, and give a certain bond, 209 
Administration granted t© public administrator may, if claimed ) 

by any pepscm having a right thereon wiihin 6 months be re-> 210 

voked, \ 

Public administrator to preserve intestate,s estate from waste, 21 1 

Jjctters testamentary and of administration to run iu the name) 

of " The People," &c, to bear test in the name of the judge > ib. 

issuing and be sealed with the seal of the court, \ 

Persons not claiming as relations, creditors or public adminis-i 

trator applying f©r 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 put in suit, certifi-) y,,4_i c 

ed copies shall be admissable evidence, ) 

Complete records of letters of administration, &c. to be kept, 2l5 

Letters of administration shall be revoked upon production and) atti 

probate of will, ^ -il6 

l{ a will be set aside, letters issued thereon to be recalled, and ad-) ., 

ministration de bonis non granted, ^ 

Letters 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, " ^ *"• 

la case of death disqualification power of courts, liability of) 

executor or administrator for acts as such not removed by ap-> 216-17 
pointmcnt of successor, \ 

Frovisioiis of law applicable to females, - . _ 217 

Executors or administrators not personally liable for mistaken) .. 

pleading, ^ ^°* 

Executors and administrators may be required to furnish addi-i 

tional security, and upon their failure to do so, their letters^ il^. 

to be revoked, 



INDEX. 263 

EXECUTORS AND ADMINISTRATORS— Confmuerf. . page. 

Securities of may {)etition for ordtr for further security, - - 218 

CoMditiori of bond to be given upon such order - - 218-19 

To ruake out coruplete inventories — what they 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 
A])praisers to make return in 3 months Irom date of administra-) -, 

tion — how certitied, ^ 

Inventories and bills of appraisement admissable evidence, - ib. 

Executor or adujinistrator discovering further assets to make in-^ 

ventoryof them, ^ ^"' 

Compensation to appraisers, - - - - - 221 

Executors and administrators to make further inventories from) 

time to time, t ^"' 

Court m; y cite [)ersons sus{)ectcd of co'icealing goods of deceas-i 

ed, oa the oalh of executor, administrator, or other person > 222 

interested — power of court therein, \ 

Accounts of decease] subject to inspection, - - - ib. 

To what ex'tcnt executors and administrators chargeable, - ib. 

Sales of land by executor or surviving executor, authorized by) ib. 

will, valid, 



Not to remove property out of state — proceedings of cour 

siicii case. 
To sell personal property, except reserved articles, to give 



seJi personal property, except reserved articles, to gsve no-) „ 

tice thereof, and terms of sales, ( ""^ 

Crop growing, how to be disponed of, - - - - ib. 
May cmpl )\ clerks and criers for saJe — their compensation — ) 

lio-urs of sale, c *'•'* 

Return, certified, to be made for sale, - - . - ib. 

To give notice as soon as qualified, to creditors, . . jij. 

Claims not due how settled, .... 226 
No action shall be maintained against executor or ad-minis-} 

trator for one year after Lis appointment, nor until de- v 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, - , . . ib. 
To avail themselves of any relief given by congress to p'.ir- ) 

chasers of public lands, ( ^°' 

Proceediiigs when estate is found to be insolvent, . . 229 
Demands against estates to be classed — and in what manner — ) 

effect of classification, ^ lo. 

What shall be an exhihilioii of a claim, . . . . 230 
Courts of probate to have concurient jurisdiction with cir 



cuit courts to a certain extent, C ^ 

Claim in no case to be established by oath of party, . . ib. 

Claims, Avhen allowed, to be classed and paid accordingly, ib. 

Claim cf executor or administrator to be filed in court, . ib. 

Court to make entry of all demands, , . . 231 

Courts to })rovide books, ..... ib. 

Accounts of executors and administrators to be exLibited in ) ., 

one year, ^ 

. When estate insufficient to pay all, debts to be paid pro rata^ ib* 

When personal estate insufficient, court to prepare abstract ) oqi 9 

of lands for circuit court, ^ " 

Proceedings against delinquent executors and administrators, 232 

Assetssufficient,courtto order payment of all legacies, . . ib. 
Money, &c. charged to heir by intestate to be taken into account, i''. 
Xiegaiecs and distributees to give bond to, . , ji)- 



10. 



264 INDEX, 

KXF-CUT0R3 AND ADMINlSTflATOllS-Con^i/iwet/. Page. 

May m certain cases inaiutair; suits against each other, . 23o 

Trover, dfcLiaiie or replevin to survive for and against, . iL». 

Mortgagee leaving minor iieirs, his execntoi's oradministra 

tors upon receiving amount, to release tlie legal title, 
May niorlgage real esiaie, . . . . . '. 224 

Morlgages made by, to be under authority of court — to give ) ., 

bund — money so raised to be assets, ^ */ 

Compensation, . . . . . . ib. 

Action may be maintained against ext^cntor or administrator, ) •, 

and securities, or cither, 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 ^ ^qu 

new law, • ^ 

Former laws repealed, ..... 236-7 

FEES, see '-SALARIES, I' EES,^'c. 

FERIES, TOLL-BRIDGES AND TURNPIKE. ROADS— 

Part of fonrer law re;^e.i]ed, - . - - ''■^ 

Persons not to keep ferries w-thin certain distances of > 

estab i.ihc-tl ferries, r»-:;^;ty for so (loins^, \ 74 

FUGITIVES— Act of Con-rtssrcl.r:,' to, - - • - 242 

GENERAL ASSEiviBLV— 

Becrt'tary of i-^ \'e to provide stationary for, - 74 

Au<';tur to issu -warrant for charge?, - ib 

Sect'ry. to advertise for proposals to furnish wood, ib 

GOVERNOR— 

See "APPROPRfATIONS," "BOUNDARY," "CA- 
NALS," ''CO JRTS," "ELECTIONS," "JUSTICES 
OF THP: PEACE," -LAWS," "NOTARIES PUBLIC," 
"PUBLIC OFFICERS," "RECORDERS," "REVE- 
.KVE,'' "SALINE RESERVES," "SCHOOL FUND," 
"SCHOOL LANDS," ''SEMINARY LANDS," "SUR- 
VEYOR," "Vr ILLS, TESTAMENTS, &c." - 208 
GUARDIANS— 

Ad litem to he appointed in certain cases, - • 227 

May mortgage real estate of wards, - - 234 

Mortgas;es> inadevbv,niustbe under the authority of court, &c. ib. 
HORSES— ^ ' 

Any stud hor?e over 1 year old running at large may bei 
taken ur, duty of |)er6on taking up and justice oi tht> 
the peace, expenses 1o be paid by owner, ) ''^ 

Horses kept for stock accidentally breaking away how to> 

be disposed of y ib. 

No owner appearing for horse, he shall after recovery be / 

set at large, y 7G 

Persons having diseased horse, See. not to suffer it to run > 

at large, penalty for so doing, y 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 
idiocy, &c., judge, if an affirmative verdict be found, 
to appoint conservator, ^ TT 

Conservator to give bond and security, - - ib. 

Duty and authority of conservators, - - 77 & 78 

Upon restoration of reason property to be restored, and ) 

conservator compensated, i 78 

INSOLVENT DEBTORS— 

Debtor refusing to surrender property to satisfy execution,) 

Ca sa may issue, affidavit being made, ^ 78 & 79 

Judges of probate to have exclusive original jurisdiction, - ib. 

Defendant under arrest for debt may be conveyed before ) 

judj;e of probate, \ ib. 



A 



INDEX. 265 

INSOLVENT TtEBTOKS— Continued. Page, 
Judge of probate to require a schedule of estate, sworn i 

and subscribed by debtor, which shall be certified byV 79 & 80 

Creditors may contest the truth of schedule, and call for > ^^ 

witnesise?, judge of j)robate to issue subpoenas, ^ 

txainination may be adjourned, debtor giving bond - ib. 

Assignee may be appointed, - - - - ib. 

Discharge may be granted when and effect thereof, - 80&8I 

Either creditors or debtors may appeal to circuit court, - iJl 

During pendency of appeal none but perishable property ) I 

shall be sold, ^ 

Circuit court to make just and equitable order, - - ib. 

Debtor arrested on a chartie of fraud may require sheriff ) cj^ 

to convey him to probate office, judge to issue venire^ \ 

Either (mrty may appeal, - - - - ib. 

Jnr}^ to be allowed to debtor, by judge, to try the fact of ) .. 

1 efusal, to surrender [iroperty, (fe judgment accordingly*^ * ' 

iiuty and autliority »f assignee, - . - 82, 83 & 84 

Judge of probate to make onier of distribution, - - 83 

Assignee to receive reasonable compensation, - - 84 

Fees allowe<l judge, _ _ _ . _ 84 

Proceeding!! in case of insolvent judge of probate to be ) q^ 

before county commissioners,' ^ 

Effect of discharge, ----- ib. 

Acts repealed, - - - - - . ib. 

JAILS AND COURT HOUSES— To be erected in every county, - 53 

J OURNALS—Ofthe Legislature to be published, - - - 106 

JUDGMENTS AND EXECUTIONS— See 'INSOLVENT DEBTORS"— 

Judgments upon attachment to create a iieij upon estate, ) j, 

attached, ^ 

Executions upon attachments how issued, - - - 9 

Goods, chattels, and real estate subject to execution, - 85 

judgment a lien for seven 3 ears upon defendant's real v 
estate, if any execution be issuetl within a year after ( 
rendition, time of restraint by injunction &c. not to be r 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, - ^ - . - . - it). 

Execution maj', undei certain restrictions issue against ) ou 

body of defendant, \ 

Executions returnable in 90 days, sheriff to endorse time) jl 

of receiving them, ^ 

Replevy bonds to have the force and effect of judgment, ) -t 

not repleviable, ■ \ ' 

Sales under execution to beat public vendue, and be ad 

vertised, penalty against sheriff for omission of duty,( 8 

penalty for tearing or defacing advertisement, failure 
in neither to affect sale, , 

Prop'erty levied upon to be valued, and sold to the highest 
bidder, except on contracts formed before the opera- 
tion of the act, when it must sell for two-thirds of the 
valuation, y»laintiff at liberty to take a sufficiency at 
that rate, or judgt. ceases to be a lein, [)lHintiff with 
certain excejUions maj' 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, \ ^ ' 

Defendant may redeem his properly within 12 months, > nq jCr rq 
-fie paying principal and ten per cent interest, ) 



'^66 INDEX. 

.HJDGMENT3 AND EXECUTIONS— Con^mwerf. Page. 

Defendaat not redeeming, any judgment creditor may with- ) ^ 

ill Lhree mouths redeem, t "^ 

Property not redeemed in fifteen months, sheriff to give deed > •, 

to purchaser, ^ * 

Sherilf going out of office, his successor to make deed, and ^ „q pj. 

in case of death of sheriff, deputy's powers not suspended, \ 
Ten days notice of sale of personal property — penalty for ) qq 

taking down or defacing notice, \ 

Defendant may replevy property by giving bond, . . ib. 

Mortgagee may sue out scire facias^ take judgment, and sell ^ 

the mortgaged premises — ^judgment on mortgage to create ^ 90-91 
a lien on mortgaged premises only. 3 

Certain household necessaries exempt from execution, . . 91 
Judgment debtor to retain his right to pay in state paper, — i 

judgments on contracts for state paper, to be rendered > ib. 

for the equivalent in specie, 3 

Payments in favor of state bank must \»e paid in state paper, i 

or full amount in specie — courts to note upon the record > 92 

the amount with interest, 3 

Judge may stay execution, . . . . ib. 

Acts repealed, ... • . . ib. 

Justice of the peace may, upon afSdavit, issue ca. sa. 94-95 

Judgments by default against special bail may be taken be- > qr 

fore justices of the peace, i 

Judgments in cases of controverted land title between occu- i 

pying claimant and others, how entered, and proceedings V 99-100 
in S 

J 
JUSTICES OF THE PEACE— 

Jurisdiction of, in cases of attachment en-> q 

larged^ 5 

May take acknowledgments of deeds, and/ 0405 

how anthenticated, S 

Duty and authority of, in cases of contest-) go 

ed elections, ) 

Duty of, with regard to stud horses found) r^g.-- 
running at large, ^ t -i' 

Jurisdiction in cases of persons suffering^ ^g 

diseased horses to run at large, ^ 

Jurisdiction in oases of indecency, 76-77 

Defendant in execution issued by, may) gn 

replevy property levied upon, ) 

Certain property exempt from execution, 91 

New districts for election of, may be formed, 93 
Elections of, and constables, and terra of) .. 

service, ^ *"' 

Vacancies how filled, ib. 

Districts may, with consent of voters, be) ., 

altered, .5 *^ 

No alteration of district to afToct the^ ., 

tenure of incumbents, ^ •• 

Resigning, ic to deliver over dockets and 
papers, and laws, and in case of 
death, person having possession to 
drliver over, 93-94-100 

Additional justice may be elected for) 
county seat district, S 

Vacancies m the office of constable how) 

filled, < J'4 



.J! 



INDEX. ^^^ 

JUST1CE3 0F THE PEACE— Co?i<i/2m/.^ page. 

Maj. upon aliulavit, require bail, in ac- 
tioiiH <i( lrov(?r and trusp;-s3, and, up- 
on vffidavit, T.f-iu«' ca. s:i. — '•abilitj of 
si't'cal lr:al — proceedinf;^, summons 
HUii fctrvioo tliereof against bail, P4-9i< 

Juugnicuts by default may be taken) 

agaiqsiL bail, and excMjijtion issued > 95~ 

thi^reup'jn, ^ 

Whui •Jii'^bc g:iod defence "hj bai], 96 

Appeais allowed, . ib. 

Parties to suiis beloro, may in certain) .. 

cases swear to their deru mds. ^ ^ ' 

In appeals same rules of eviilFnce to gov-) ., 

em \ 

Payment or tender of demand to consta- i 

ble with cost=, to exonerate defend- > ib* 

ant from further cost, ^ 

\on-residents coramencing suits to give 
bond and security, form of bond, lia- 
bility of security, — suits shall be dis- 
missed for want of bojul, 96-97 
Continuances may be allowed — deposi-) q- 

tions taken, and how, ) 

Jurisdiction of, in cases where adminislra-) .. 

tors, &c. are a party, ) 

Defendant evading process, service how) ., 

made, ^ ib. 

Original jurisdiction in cases of assault, 
&c. exclusive — apiieals allowed — 
court to give judgment and impose 
* the fines, 98 

Malicious prosecution liiible for costs, ib. 

Law repealed, » ib. 

To take cognizance of sabbath breaking, l3d 

Jurisdiction of, in trespasses on land, 488 

K 
KASKASKIA llIVKR^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) ir i^ 

on what terms sold, - - - - ) ' 

Patents to, sold by canal commissioners, obtained from the gov-) ,^ 

ernor, and how, - - . ... 5 

In cases of private sales, . ... 17 

Occupant of, in certain cases, exempt from the payment of rents,) qq 

&;c. to the parly holding adverse title, - • ) ^ 

Court giving judgment of eviction to appoint 7 com'rs to assess 
the value of improvements, and assess damages — assessment 
how to be made — to be lodged with clerk — to be entered as 
judgment — wherefor bond may be given, &c. , . ib. 

What to be taken into consideration in tne assessment, 100 

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, . , . . ib. 
Style, qualification and duty of commissioners, . . . 101 
Commissioner to stite items — their compensation, . . ib. 
Same proceedings may be had hy motion, or consent, . • ib, 
Whi't shall be deemed notice of conflicting title, . . ib. 
Effect of notice to those claiming under occupant, ♦ « 102 
Court may issue precept to stay waste, &c, . . • ib» 



^^ IXDEX. 

LAND— Con/ ww^f/. pacj£. 

Coiijrresa a-^senting, sfiline lands on Vermillion river to be sold, 143 

Register and receiver appointed, . . . . . ib. 

Sale to be advertised, ...... 144 

Order in v\'tiich tracts arc to be o/Tered at sale — minimuni price,) . 

one dollar per acre, . . . . . ) . ^ ' 

Purchaser to get receipt, ..... 145 

Auditors to keep record of all saline lands, . . . ib. 

Auditor to prepare patents ami transmit them to register, . ib. 

Governor to announce assent of Congress lo sale of pchool lands, 150 

Commissioners to sell to be rtppointed by county comm'rs' court, ib. 

Sales to be upon petition of inhabitants, . . . ib. 

Notice of sale to be given — sale to he at c(»r.rt house, during the ) .-^^ 

sitting of the court— minimura price .91 2!j cents per acre. ) 

Payment not made, defaulter liable for difference in amount o' > ., 
second «ale, ... . . . ^ 

Patent signed by governor, and countersigned by auditor, to issue, 153 

Not sold at public sale, may bo bought at private, . . 154 

Auditor to mnke record of seminary lands — record to be admit-) , -^ 
ted as evidence, . . . . . ^ 

Auditor to give notice and sell — minimum price $\ 25 per acre, 150 

Auditor to make deed to purchaser — upon payment, . . . ib. 

Purchaser making default in payment, land to be re-offered, and) . -^ 

he liable for difference, 3 

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 estalilifhed, . . . ib. 
Not to be sold at private sale, except to those having right of pre- 
emption, until offered at public sale — leased, to be sold af- 
ter expiiatii>n of term — persons Avishing to purchase at pri- 
vate sale how to proceed — auditor to keep account of sales 
treasurer also, ...... 160-161 

Money to be paid at the treasur}', ..... 161 

LAWS— . . ' 

Appropriation to the clerks of the committee revising the, . 6 

" to the secretary of state for preparing for the press, ib. 

Comtnon law of Englaml, and English statute in aid thereof,) .q^ 

not local, declared in force, 5 

The repeal of a repealing statute not to revive the original, ib. 

Governor to transmit to federal and state governments laws of) -qo 

Illinois, ) 

2000 copies to be published — contents whereof, how arranged, 104 

Each law to have marginal notes — date of passage, and operation, ib. 
Printino- to be superintended by secretary of state or agent, ib. 

How distributed, 104-105 

Clerks of county commissioners' courts to give receipts — receipts) .q. 

to be produced to secretary of state, ) 

Clerks to take receipts — holding two offices not to entitle a per- ) .. 

son to two copies, ^ ^ ^ * 

Laws to be returned u[)on expiration of term of office — penalty) ., 

for failure, ) 

Receipts and expenditures of public money to accompany laws, ib. 

Expenses how paid, . 106 

List of private, 240 241 

Ordered to be reprinted, 238-239 

LITTLE WAB ash- 
Allen Rudolph authorized on certain conditions to build a) 12.13 

bridge over, > 

M 

MECHANICS— 

Builders to have a lien upon their work^ . » 106 



INDEX. -^^ 

IVIILITIA— PAGE. 

Enumeration of persons subject to military duty to be.made, i. 

and reported to Adjutant General, by Cojnmissioner ta-v 18—19 
king ceiisus, - - . - _ ^ 

One regimental am! one company n)u?tcr to be held, and S 

times of h(ddin<^ the same. Brigade inspector nut re- C 107 
quired to. inspect, ... , ^ 

Brig- Gem ral Uiay cliange time of holding loustere, ib. 

Commanders of companies may receive excuses from delinquents, ib. 

Fines for delinquency . . . . jj^^ 

Persons conscientiously scrupulous exempt on certain conditions, ib. 

Law requiring additional musters repealed, - 108 

stills- 
John Cameron and James Ruti.edge, authorized to erect i 

dam on Sangamon river — to give bond — upon notice to> 132-133 
alter or move dam, \ 

MONEY— 

Legal rate of interest to be 6 per cent., contracts for greater ) inp p inq 
rate valid, except in case of Banks, \ '^" *-* ^^^ 

MECHANICS— 

Builders to have a lein upon their work, - 106 

N. 
.XEGROES- 

• • To produce certificate and give bond to obtain residence — ) 

penalty for harboring negroes who have not complied — V 109-li> 
act not to effect present negro residents, \ 

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 jiroduced to circuit 
r.ourt 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, 1 10-1 \ 
Intermarriage of white and colored persons inhibited, pen-> 

alties therefor, against parties, clerks, <fcc. ^ '^^ 

Slaves hiring in this state suing for their freedom how> 

dealt with, C ^^ 

NOTARIES PUBLIC — 

Tobe appointed, term of service, duty, to give bond,) 
those now in ortice not to be suspended, ^ 

O. 

OCCUPYING CLAIMANTS— See « LAND." 

P. 

PATENTS— See " CONVEYANCES." 
POOR— 

Other than paupers falling sick, &c. overseers of the poor upon 
complaint, to ordf^ them assistance — dying, to provide de- 
cent burial — exjoenses whereof to be paiil by county commis- 
sioner's court out of county treasury, - - - '113 
PUBLIC OFFICEFtS— 

Against whom judgment has been obtained, not ) 

to draw any pay until it be satisfied — Cash-> 1 14 
ier to report defaulters to auditor, ) 

Att'y general and atate'^ att'ys require^! to give bond, 1 15 
Casliiers of state bank to report to governor ac-) 

count of note?, &,c. ^ ^ 

Persons paying money inay in certain cases be) ., 

liable to pay a second time, ^ 

Certain office sdeciatred vacated by non-re?idencf) ., 

of iiicumbent, ^ ^ 

^> h 



\12 



270 INDEX. 

R. 

REC0RDE-R3— 

Otiice of, vacated by non-residence, . - - llJi 

Ofijce of established — recorders to provide book?. Sec. 116 

Satisfaction of mortgage to be entered on the margih of record, ib. 

Appointed by governor and senate— to give bond, - - 117 

PenaUy for officiating withoiit having given bond — butai 

failure to give bond not to operate against parties to> ib. 

deetl, 7 

To keep an entry book — record deeds in tujn — 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 trcasur}- — warrants is- i 

sued after 1st April, 1829, to be paid therewith, ex-> ib. 

cept when otherwise specially required, ) 

"Warrants issued before ist April, 1829, to be in state> ,.q 
paper at 70-100, ^ iiy 

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 laiids 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 xiot listed with county treasurer, whereon 
taxes arc not paid as non-residents — compensation of 
clerks of counties tor list, - - - - ib. 

Clerk to note in appendix lands listed lying in another) .. 

county, and correct inaccuracies, ) 

Auditor not receiving list from clerk to send messenger — > 

compensation of messenger — fine against clerk for> 121 
not sending list, ) 

Sheriff not to soli land lying in another county, but if un- ) 

able to make the amount out of owners personal pro-> ib. 

perty to certify to auditor, . ) 

Sheriff not paying over, treasurer to proceed against him ) 

before count}' commissioners' court — 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^y the printer of ad- 
vertisements — exceptions to auditor's deed unless ap- 
plying to merits shall be ovtrruled, - - - ib. 
Land sold a second time niay be redeemed, with per cent. ) 

on last sale only — two or more tracts may be convey- v ib. 

cd by one deed, ) 

Sale ot lands or town lots by sheriffs for taxes declared 
valid — sheriff to give certificate and keep list — origi- 
nal owners 'nay rcdeerii within two 3'ears — original 
owners not rcdeouung, sheriff to itake deed to purcha- 
ser, - - - - - - - 123 

On proper notice being given, and affidavit made, auditor) -^ 

may in certain cases issue duplicate deeds, y 



REVENUE— tojifmwfrf. ' " i'-age. 

County comniisioncrs" courts may lay tax on ferries for) .,^ 

improvement of roails tliereon, ^ 

Laws repcalecl, - ^ - - - ib. 

Fees, - - - - - - , - 141 

IIIVERS— 

Kaskaskia, hoard of commisiioners appointed and incorporated ] 

for the improvement of the navigation of, their duties and v 124 
autliority, ' \ 

Commissioner to cause the obstructions to navigation to be removed, 125 

Commissioner's compensation — appropriation, - - - ib. 

Commissioners to ?o\cci lands given by congress and report to^ lOj.of; 
auditor— auditor to sell and pay over proceeds, ^ * - . 

ROADS— 

Leading from Springfield to Faris changed — John Dawson, Se- J 

royel Cox and John Hoover, commissioners for that pur-V 1-26 
pose, their qualificition and duty, 5 

Said road declared a iiighway, to be opened four poles wide, ib. 

FromCarmi to Collins"' ferry declared a state road, - - 127 

Appropriation for improvcruent of Vincennes anil Carlyle road, ib. 

Brooks, Curtis and iVIurpliy, commissioners to re-locate road) .no 
from Paris to V'andalia, > 

Commissioner^ to locate road from Belgrade to state road from) -u 

Golconda, S 

Commissioners to locate road from Illinoistown to Little Muddy, lf29 

Commissioners to locate road from Hillsboro' via Shelby ville to i 

Paris, commissioners to locate road from Lawrenceville toV ib. 

Springfield, tI 

Commissioners to locate road from Shelbyville to Illinois river, l^>0 

When and where certain commissioners are to meet, - - il'. 

Surveys to be lodged with clerks — county commissioners' courts) •. 

to appoint sui.ervisers, • M\- ^ 

Compensation of cornmissifners, - _ _ ^^ - ib. 

Road from V;indalia to Springfield declared a state road, - ib. 

Commissioners to locate road from Curtis' bridge to Edwardsville, ib. 

Certain roads to Beard's ferry declared liighways, - - 131 

, Road froiu Irvin's to McKinzey''s declared state road — commis- 

sioners appointed to locate roaci froui McKinsey's to Equal- 
ity — road from Garrison's to Baker's (White county) decla- 
red state road, - - - - - - - ib. 

Comudssioners ajjpointed to lay out a road from Vandalia to) .o? 
* Lebanon, • j " 

County siirveyors of Scbu}ler and Adams countit^s to survey) .23 
certain road, y 

Road from Vincennes to Danville declared state road, - - ib. 

Commissioners to lay oijt road from Harrisonrille to Kaskaskia river, I .ji 

Commissioners to lay out road from Columbia to Tvlississippi river, 1 35 
Commissioners to lay out road from Paris testate line, - ib. 

Commissioners to lay out road from Georgetown to Dillingher's mill, 130 

Commissioners to lay out road from Vincennes to St. Louis, - ib. 

S 
SABBATH BREAKING— 

Labor or amusement, to the disturbance of society on Sun- 
day, pz'ohibited — penalty — disturbing relipojis congre- 
gation deemed a misdemeanor and punished — not to af- 
fect watermen, nor to restrict ia constitutional privile- 
ges, ......... I38-lo0 

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. 



-'^ liVDEX. 

SALARIES, FEESj&c— See "APPROPJITATIONS"— 

Clerks may issue fee bills to constables, • • . . 140 

Feesof ji'dg-esof probate — ho^A' collected by them, . 140-220 
» Certain fees disallowed to clerks of county commissioners' > ^.. 
courts — recorder's fees, ^ 

Commission to sheriR's when execution is stopped disal- ) -i 
lowed, . - S ^^ 

Clerks of supreme, circuit, and county commissioners' i -^ 

courts, and notai-ies' public, fee takinc^ proof of deed, i 
Clerks of county commissioners' court, fee for certificate f jj^ 

of maj^istracy, ^ 

Fee to all olilcers authorized to take proofs, . . . tii*. 

SALINES — Owners and lessees to secure salt water from cattle, . 142 

i^ALlNE RESERVES— 

Parts of former luw repealed — certain appropriations, . 142 
Commissioners to report, ...... 14:1 

Report of Leo. White, John Black, and Renjamin Cum- ^ ., 

mins received, former law continued and confirmed, ^ 
Appropriation to Cash river bottom out of the proceeds of, ib. 

Vermilion, as soon as congress assents, to be sold, ... ib. 

Jveg-ister and receiver appointed, wlio are to give bond, ^ ^^, 

and, when required, to furnish additional security, ^ 

Register and receiver to advertise, when notified by the ) -^ 

g-overnor, ' ^ " 

Mode of scllinj^, ........ ib. 

Register and receivers to keep a record of sales — receiver 
on receipt of purcihase money to give purcliaser 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, ..... 144-140 

Application, to purchase at private sale to be made in wri- ) -.t- 

ting to register, ) 

Register to report to auditor every three months, . . i^* 

x\uditor to fiie regjisters reports, and keep a record of sa- } •*i 

line reserves, ^ 

Auditor to prepare and transmit to the register patents for ) -y^ 

lands sold, having made an entry thereof, ^ 

Receiver to^pay over to Wm. Wilson proceeds of thefiisti 

10,000 acres sold — wliich is ajipropriated to Big Wabash ^ 146 
river, ) 

Wm. Wilson to give bond, ..... . ib. 

Of the proceeiis of sales after those of the first 10,000 acres, 
to be appropriated, §1000 to the navigation of the little 
Waborsh ; 700 to state road from Vandalia to Golconda; % 
2000 to Kaskaskia river; 1000 to Sangamon river ;C00 to 
Alacoupin river and roads in Green county ; 2000 to Ver- 
milion river ; fJOO to bridge Bructt'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 
crpeks, and bottoms thereof; 1 GOO to improvements in 
Lawrence county, . . . . . . 147-140 

Appropriations of proceeds, how to be paid, surplus to be i 

• paid ^200 to Greene county, 1000 to Sangamon county, > 14o 

and the residue into <=tate treasury, ) 

Receiver every six months to settle with auditor, and de- ) •, 

posit receipts, ^ 

Compensation to register and receiver, . . , . ib. 
Former law repealed, ... ... 149 



INDEX. "'"^ 

PAGE.. 

5EALS— Secretary of state lo procure for state and supreme court 153 

Auditor to issue his warrant upon the certilicate of secretary, ib. 
County commissioner's courts to procure county seals, - ib 

•ECURITIES— * . . , f - r > 

■ In bonds, Lc. may in certain cases require creditor to msti- / ^^^ ^^^ 
tutesuitao^uinst principal, S 

Representative! of deceased security may require suit by i 

the creditor or the representatives of the deceased V iJb 

creditor, ' j c ih 

Privilege not t j oxend to.parties to otSce bonds, &c. . • i"^- 
Remedy of creditor not to be impaired, . • » • ^^' 
.Security against Avhom judgment is rendered, upon dis-1 

charging the same, may obtain judgment against princi- V ib. 

pal on motion, . 3 

In cases of several obligors upon motion in certain cases, i 
judgments maybe entered against them severally, furV ib. 

then- respective proportions, } 

Securily shall not let judgment go, to harrass principal, . lb. 
Bail to have same remedie^. as otiier sureties— no judgment 'j, ^ ^ 
on motion shall be obtained unless notice shall have been V lo7-5o 
given, • 3 

}5EMINARY FUND— • 

Governor authorized to borrow, . . » • • i ^^ 

Governor, auditor, attorney general, and secretary of state > ^^^ 
commissioners appointed to vest in productive stock, ^ 

SEMINARY LAND— . . , •, ^ , ux ■ , 

Auditor to record description of, which recoi-d shall be evi- / j^g 

dencc, governor to inform auditor when applied to, ^ 

Auditor to give notice and sell — for at least $1 25 per acre, 159 

Auditor to make deeds to purchaser, . . • • ;^ i-^- 

Purchaser maldng default in payment, land to be resold, } -j^,^ 

and he pay the diirerenee— for which auditor shall sue, ^ 
To be sold in eighty acre tracts, and in a certain order, . ib- 

' Leased, not to be offered for sale until expiration of lease, 160 

Right of pre-emption allowed— right how established, . lu. 

Not to be sold at private sale, 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, . • • • • • • leO-lCi 

Money to be paid at the treasury, and appropriated to edu- } ^,, j 

cation, . ) 

Commissioners of seminary fund appointed to ^vest fimd in } ^j., 

stock, and report to General Assembly, ^ 

Former law repealed, . . . • • •. • ^'^^ 

SCHOOLS— See ''SCHOOL LANDS." 

PaPis of former laws repealed, l;*^' 

Audiior to issiie warrant for school purposes, , . . ib. 

SCHOOL FUNDS— 

Governor authorized to i)orrow, 1 IB 

Thus borrowed, to be deposited in the treasury, . . ib. 

SCHOOL LANDS— 

As soon as congi ess assents to sale of governor to aanonncr ) ^ .^ 

it by proclamation, 3 

County com.missioners' courts to appoint 
be residents and give bond , 

A.dditional security nsay be required of ' 
be removed from office — clerk to giv. 

Bb* 



*>7 1 

bCnOOL LANDS— Continued. ■ ' page. 

Agent to keep a record, . . . . . . 15 i 

Inliabitaiils of townsliip, desiring their school section sold, ) ., 

to petition agent — petition Iioav authenticated, ) ^ ' 

Upon [)etitiou, agent<o sell — to give notice of sale — sale to i 

be by public vendue, at the ctfiinty seat, for at least ^I,'i5-V 151-52 
per acre, ^ 

Piircliascr shall on the day of sale or morning succeeding 
sale pay the purchase money — agent logive certiiieate — 
party purchasing- and failing to pay liable for difference 
of next purchaser's bid, . . . . . • . 152 

Agent to repoit to county comm'issioners' court, and to au- ^ 

ditor, patents to be made by governor, cofintersigued by> 151-52 
> auditor, . 3 

Auditor and secretary of state to give information, . . 152 
Agent to keep a record of petition?-, signers' nanis, salis, &ic. i 
shall hian the money at interest — security to be given byv 152-53 
borrower^ j 

Lands not sold at public sale may be bought at private, . 153 

Penalty for trespassing upon, acd liow recovereii, . . l&T 

SERVANTS— See '-SLAVES." 
SHERIFFS— 

Duty of, in rtlatifjn to special terms of courts, . . .45 46 
• Of Fayette county allowed compensation for attending on > .,.- 

Supreine court, ) 

See '^ATTACHMENTS," "COURTS," "ELECTIONS," 
"ESTRAYS," "INSOLVENT DEBTORS," ''JUDG- 
MENTS AND EXECUTIONS." -'xXEGROES," "REVE- 
NUE," "STATE BANK." 
To attend courts oi probate, when required, serve process, > ->.^^^ 
and compensation, ) 

snows AND JUGGLERS— 

Prohibited unless licensed by clerk of coimty commissioners' > ,g^ ^o 
court, upon •rpfti])t of county treasurer — penalty, 



Coihfjlaint on oath being made, caj)i;ts shall issue against of-) 



I6i 



13 



ib. 



fender — not uiade, summons to issue, 
SLANDER— 

Certain words deemed, , . . . . . . . 163 

SKILLET FORK — Any person, on, certain condition?, authorized to 

erect a bridge over, 
STATE — How suits are to be brought by or against, and elTect of judg- ) ... 

ments, ) 

STATE BANK— " 

Cashier of, to report certain defaullers to auditcsr, . . 114 

Attorney general and state's hltoriiey's to give bond for money ^ . . - 

collectt'd for, ) 

Cashier to report to governor amount of notes put into the 
hands of attorneys. 

Persons paying ujoney to attorney general or state's attorney', 

for, after noti(;e of such att(»rney's not having given bond,^ ib 

shall be liable to pay a second time, * j 

Debts due, not to be reduced to specie value of paper, . . ]64 

Where debts have been so sealed, the foil amoinil to be ci)llectcd, ib. 

Law requiriu<i: casliier to make a descriptivH list, . . . 165 

Casi ier of r:rar:ch at Siiawnt-etnwu, or state's attorneys in 

that .Us; rict, authorized to take certain apj)eals — further S' 165-G6 
autliority allowed them. 

Debtors to beallovved to pay in three instalments from May, 
1^29 — by giving iiew notes rind security — form of note-^in- 
terest to be remitted, if the note be punctually }>aid — where 
suits are pendirig or judgments recovered, party to avail 
himself of relief must pay the costs — mortgages not to be 
affcctecf, 166-16 



lb. 



il). 



170 



INDE.X, ^'*> 

STATE BAJ^iK— Continued. tagk. 

Until the 1st Sept. 1829, giv(;ii to debtors to avail themselves 
of the act — when a debt is s-etlicd, cafhi.-r to deliver all 
previous notes — if jiidj^ineiit has been rendered, satislaction 
to be entered of record, ...... . 167 

Debtor wljose property has been bong;ht in hy bank, allowed > •. 

the same privilege — whoh; of debt to 5e secured, ^ 

After first Septeuiber, 1829, [>ropcrty bouf;ht in by bank to be J 

sold — bonds, havnijj effect of jiidgiiit>nts, to be taken ior> IG7-G8 
purchase money — on payment cashir to execute deed, ) 

May appeal tt) court from j)i?tic»'s, uithOut bond — at whit i 

rate state [)H|)er to be paid far costs — iflicer coik'ctiiiij tu > lG8 

keep a descriptive account of inoncvs rtceived by them for,) 

Office of cashier of tinncipal bank abuiidied— tu deliver over> •■ 

c > lb. 

papers, Sec. ■ ^ 

Treasurer to perform duties of ca?hier, . ... .(••.' 

Debtors paying in fud by tije fir^t July, \Q?>0^ relc sed from in-? 

terest, ^. 

Additional compen-ation to attorney general and st.ites' -ai-f 

torneys, \ 

Houseof, to be repaired, . . . . . . . 170 

STATE HOUSE— 

Secretary of state to take charge of — clerks of each house to) 
furnisli an inventory of furniture, k 

To be repaired, ......... ib. 

STATUTES— See ''LAWS." 
STRAYS— See '-ESTRAYS." 
SURVEYOR— . 

Office of county, vacated by non-residence, - - 115 

To beappoirited by Legislature — vacancies to be filled ) 

by Governor — ab::ence with iamily for 9 months i 172 

accounted non-residence, \ 

To take an oath befoie a judge or justice of the peace, - ib. 

To make ali surveys in his county when called upon, - ib. 

IVIay appoint deputies, - - - - ib. 

Ciiaiumfn to be sworn, • - - - . 173 

. To furnish themselves with the original field notes, and 
make surveys agreeably thereto — corners how de- 
signated — lofurni-h proprietor witli cop}' of origin- 
al field notes:— to keep a record of surveys, which 
shi^ill be subject to itispection, and which shall be 
admissible evidi. nee, . - . _ ilj^ 

To deliver record to successor — penalty for failing — re-> .„^ Cri-j 
cord not conclusive. ^ " > li^cv i 

T 
TAXT'lS— See ''REVENUE." 
TOBACCO INSPECTION— 

County commissioner's courts to authorize the erection of ) 

warehouses for, and require bond of persons applying for > I74i: 173 
j)eriuission, j 

County commis-ioner's courts, annually, to appoint inspectors, 
who-e duty to inspect all tobacco brought to warehouses 
fur 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^ j»r Cr i-p 

without, ' <j "**" ' 

fnspector-to attend at all times except Sundays and sickness,) .«P 

Avhen required — jienalty for failure, ^ 

inspector to keep a book — mode of inspection — tobacco to be> 17P 1^177 

weighed atifi marked— to give receipts — form, ) 

Tobacco refusefi how disposed of — to grant a manifest, with- 
out ^vhieh owner shall not sell «uch refused tobacco — 
prnalty — owner may take refused tobacco with the mani- 
fest to another warehouse for re-inspection - - 177 & 178 



^■^6 INDEX. 

TOBACCO INSPECTION— Con^mucrf. PA(5fc 

Fees of inspectors, and to owner of warehouse— inspectors an • i 

iiually, to report to couuty commissionert' courts — makings 178 «L179 

fahe reports how proseciited and punished, ) 

Inspector to store tobacci) carefully, . - - 179 

Successor to give jiredece-j^or receipt — liability of successor, ib. 

In?j)ectors to give receipt tor tobacco deposited lor inspection, ib. 

Lost receipt, ui:>on a(lid:ivot, supplied by duplicates, - 180 

Inspector shall esite; in his book, marks, nutuber, &zc. - ib. 

What shall be deemed l;i\v:ul and what unlawful tobacco, - 181 

Penalty forinspcctoi^ dt'livering other than the right hogshead, ib. 

Penalty for rec^iiving or oJicring bribe, - - ib. 

J^'orging receipt ho\v dceiueci and punished, - - ib. 

Persons erecting warelr.iate^ to provide prize scales and weight-, 182 

County commiJ^-ioiier?- c'tirts to appoint commissioners ot> .. 

war house- — tiieir dity and compensation, ) 

ln.-;;f'ctors exein[)ted iiM::» militia and jury duty, .- 182 

Penalties rtcovered by county treasurer, - » ib. 

Inspe'Hors in ct rtain cases jua}' esasnine tubacro ia private) ip')_i«'} 

warehouses, ) ~ 

Owners not reuioving tobacco in certain tisrie, tobacco to be ad- 
vertised and sold — costs and fees to be jiaid, residue pro- 
ceeds of sale to be paid to owner, if called for in 5 years — 
other propr-rty remaiaiug over 15 mooth?, without payment 
of fees, to be sold, . . _ . 183 

TOWN PLATS— 

Pr<)prietor3 of towns to have plats made and recorded, 184 

Doiiation> marked on plat deemed general warranty, ib. 

Plats to be acknow'edged, _ - _ • ib. 

Where plats have not theretofore been made out, &c.^ 

proprietors to do so by Ist August, 1825, — penalty V 184-5 
for failure, ) 

TREASURER— See" REVENUE." " S \L1NE RESERVES," " SEM- 
INARY FUND," -'SEMINARY LANDS," '^STAPE BANK." 
Report of, 
TRESPASSING— 

By catting certain kinds of timber, how nunishedy 185-0 

Penalty how, by whoin, and before whom recovered — 
if title to lanil be claiwied in defence, justice to 
take security for the prosecution of claim in cir- 
cuit court, dismiss tke parties and transmit the 
proceedings to clerk. - - - - 186 

In ca?e of forfeiture of recognizance how sheriff to) . __ 

proceed, ) 

Penalty for similar tresjiassing on school lands, - 187 

How penalty lor trespassing on school lands to be recovered, ib. 
Mistake to exonerate from liability, - - - 188' 



V AND ALIA— 

Indulgence to purchaser:? of lots in extended to 1st August, 
lots not paid for l)y that time, auditor to have re-valued 
and sold, - - - - - - 1 8fi 

Auditor to cause more lots to be laid off, valued, adverti-) -^ 

sed and sold, ) 

Lot'^ not sold at public sale may be entered with auditor, 189 

•'Perry ville judgments" receivable in payment - ib. 

Lots forfeited liow redeemed, _ _ _ ib- 

A part of the public square to be laid off into lots, valued) ■-. 

and sold, ) ' 

Exjienses to be paid out of avail- of sales of lots, - ibi 

VICE AND IMMORALITY— Sec "SABBATH BREAKING." 



L\I:>SX. -^'^ 

Page. 



190 



WEIGHTS AND MEASURF?— 

Count}' coiumisiioners- co'jrts to provide certain for stand- 
ing — clerks to se;il those used, 

County comniissioners to give public notice when provided 
with — persons thereafter selling by diflerent measures or 
weights liable to penalty — persons wishing their weights 
or measures tried, to apply to clerks, . . , 190 & 19 



WILLS- 



Who may make a will and what may be willed, . , • 191 

What pjoof necessary to establish — when proven to be restored, 192 

Duty of witness to attend at court of probate — failing courts -qj, 

may attach and imprison, . ^ 

Witness residing out of tiie state, court may ie?no dcdim'ns, . i!i. 

Will establi^bed for probate, duty of court to receive pfobale 

without delay, and issue iftters testamentary, <&:c. validity 

of will may be contested 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 

Wilis made and properly authenticated out of this state shalU ., 

be admitttid to record when necessary, ) 

Ntjncupative AS'ills, under certain requisitions good — to be re-) 

corded, but letters not to issue thereupon until after 60 v 194& 195 

days from decease of testator, ) 

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-> .qp 

less testator disinherited it, ' ^ ' 

Devisee or legatee dying before testator, estate bequeathed) .. 

how disposed ofj ) 

How will may be revoked, ._.---= ib. 

Courts of i)robate 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, ----_. jb. 
Person lia.ving possession of and-rt fusing to produce will, may) .. 

be compelled, . > 

Will being provetl and recorded, letters testamentary or of ad-) ., 

Hiinistration to if^SMC, > 

Will to be proven wilhiu 30 days after tcslatoi's decease — pen-) .p.o 

alty for failure, '. ) 

Upon refusal or disnuaiia^ation of exec'ut;)r, court to appo'nt) .,. 

adm'r. with will annexed, ) 

Executor of an exV. nottherchy cxV. of I'.rsl ttslator, - - J •• 

Who may be executor-', . . - - ... jl). 

In cases of unavoifia'ole delay in proviny,-, letter= to colled, may issue, 201 
Estate not devised or bequeathed by v»'ill, considered intestate, - 204 
Creditor may in certain cases be a witness, - - _ - ib. 

Devise or bequeath to wife, to bar dower, unless renounced or) -j^^ 

otlierwise expressed, . ) 

If by widow's renunciation legacies beincreasexl or diminished,) ^OS 

^ court to abate from or add to such legacies, ' ) 

Heir or devisee, or his guardian may see widow f'^r waste, - - ib. 
Letters testamentary and of administration to r^n in the name 1 

of ''The People," &c. to bear teste in the name of the V 211 

judge, and be sealed with the seal of the court, ) 

Form of letters testamentary, . . . . ;,. . 214- 



WILLS — Continued. tACJE. 

Bonds of executors maybe put in suit — certified copies good) „, . „. _ 

evidence, ) 

Complete records of wills, &c. to be made, .... 215 

If will be discovered and proved after administration shall ) 

have been granted, lettrrsto be revoked, and letters of ad-> 216 

ministration, with will annexed, or testamentary, to issue,) 
If a will be set aside, after issue of letters testamentary, letters i 

to be repealed, and administration de bonis non to be grant- > ib. 

Letters 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- ) 

tor, court may appoint others — former executor or admin-> 216-217 

istrator nevertheless liable for his acts as such, ) 

Same rules to be observed with females as with males in ap-) 

plication of act, \ 

Executors or administrators not liable personally for mistaken) 

pleadi'ig, . S 

Court may in certain cases require new security from cxecu- i 

tor or administrator, and in default of executor or admin-> ib. 

istrator furnishing it, letters to be revoked, ) 

Sales of real estate by executor, authorized by wilf, valid, . 2,22 



217 
. ib. 



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