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Full text of "The revised laws of Illinois"




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Association 
Illinois 

He vised Laws 
1833. 



LINCOLN NATIONAL 
LIFE FOUNDATION 




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THE 



REVISED LAWS 



OF 



ILLINOIS, 



Gontainin,? all Lavvs gf ^ genei al and public nature passed by the eighth General 

Assembly, at thfir session held at Vandalia, oonimeDcing on the 

third <lay n\' Deceojher, 183'2, ani en<lino: the second 

dayof ,VI;^rch, 1833, toj'-ether with all Laws 

required ti; be re-published by the 

said General Assembly. 



PUBLISHED IN PUR. l^ \XCE OF LAW 



V AND ALIA: 

PRINTED BY G REINER & SHERMAN. 



/^^ 



53^f 



CONTENTS. 



DECLARATION OF INDEPENDENCE, - - j 

ARTICLES OF CONFEDERATION, - - - J^ 

CONSTITUTION OF THE UNITED STATES, - - H 

CONSTITUTION OF THE STATE OF ILLINOIS, 3 
ORDINANCE FOR THE GOVERNMENT OF THE TERRITO- 2 

RY NORTH-WEST OF THE OHIO, - - - 59 

ABATEMENT, ''''"' al 

AV.COUNT, - ^^ 

ADVERTISEMENTS, ^o 

AIvHiNDMENTS AND JEOFAILS, - - - - 68 

Ai-PRENTICES, - - - - - "f 

APPROPRIATIONS, - - - " ' ' ^^ 

ARBxPRATiONS AND REFERENCES, - - - 72 

ATTACHMENTS, - ■ " " - 87 
ATTORNEY GENERAL AND STATE'S ATTORNEYS, - 99 

ATTORNEYS AND COUNSELORS AT LAW, - - 9£ 

AUDITOR, TREASURER, AND ATTORNEY GENERAL, lo^ 

BAIL, '--*---- Jo. 

BILLS OF EXCHANiE, - - - " Tq 

CANAL COMIVIISSIONER, - - - ' l^t 

CENSUS, ..--•-- • 11- 

CHANCERY, - - - - " ' J^- 

CLERKS. ,..-.' 12^ 

CONVEYANCES, 1^" 

CCLNliES, - - - - ' 13J 

COURTS, - - .- - - - ' U^ 

COSTS, ..--•- I6i> 

CRrmNAL CODE, 171 

DELIVERY BONDS, - - - - - 22^ 

DEPOSITIONS, ------ 225 

DETiNUE, - - . - ~ - - 23 1 

DVORCES, ,----- 232 

D STRICTS, . . ' - - ' - 23.^ 

DoWER, - . - - - - - 236 

EDUCATION, - - - - - - 24O 

ELECTIONS, - - - - - - 241 

ExNCLOSURES, 250 

ESCHEATS, - 264 

ESTRAYS, . - - - - - 2^,7 

EViDENCE, - '- - - ; - - - 2bQ 

FEES, .... . . - 281 

FERRIES, - S02 

FORCiBi^E ENTRY AND DETAINER, - - 813 



iv CONTENTS. 

FRAUDS AND PERJUR E3 .... 313 

FKAUDULLiNT DEVISES, - - - - 315 

FUilTlVEb FROM JUSTICE, - - - - 317 

GAMliN^, ...... 3:^0 

HABEAS CORPUS, ----- 322 

HOiitiES, .--.-. 330 

IDIOTS, LUNATICS, &c. 332 

D^i^ECilTEVIAlE CiliLDRExN, ... - 334 

IiVIPEACHMENTS, - . - . . 337 

INSPECTIONS, - - - - . 337 

INTEREST, - - - - - 348 

IN.^OL VENT DEBTORS, - - , - 351 

INCORPORATIONS, - - - - - 357 

jAiLS AND JAILERS, , . - . 366 

JUD.MENTS AND EXECUTIONS, - - - 370 

JURORS, ,->-.- 378 

JUSTiCES OF THE PEACE AND CONSTABLES, - 3»2 

LlND, - 416 

LANDLORDS AND TENAJSTS, - - - 420-675 

LAWS, - - - - - - 421 

L Ci^NSES, .-.-.. 438 

L.^liTA'i'iONS, - - - - - - 441 

MANDAJvIUS, ----,. 444 

Ma.vRIAuES, - - - - !• - 445 

MECilANlCS, - - - - . ^ 447 

M:LLS AND MILLERS, -.-->. 449 

M.VORS, ORPHANS AND GUARDIANS, ^ , 453 

NL^viROES, &c. - - & . - - - 457 

\l. exeat and injunctions, _ - , 466 

.VOTARIES PUBLIC, - - - - - 470 

OATHS AND AFFIRMATIONS, . - . 472 

Par riTiONS, JOINT RIGHTS, AND OBLIGATIONS, - 473 

PEMTENTIARY, 474 

PETiTlONS, ----- 479 

POOR, ._-.--. 480 

PROMISSORY NOTES, &c, - - - .-. 482 

PRACTICE, - , ^, - - - 485 

PtiiLiC ARMS, - - - - - 490 

PUBLIC AND ANCIEN^ RECORDS, &c. - - ' - 502 
PLbLlC OFFICERS, 

PUBLIC PROPERTY . . . . 

QL(J WARRANTO, - 

REPLEVIN, - 

RECORDER, - . . . . 

REVENUE, - ... 

RIGHT UF WAY, - - - 534 

Rl ,H'i' OF PROPERTY - - - - 537 

ROADS, - - ^ - - - 539 

SALiNLS, .----- 546 

SC.iUOLS, SCHOOL LANDS, AND SCHOOL FUND, - 554 

S^OxiETAXa OF feTATE, - - - - 567 



CONTENTS. ^ 

.^E4LS, 569 

SECURITIES, - 5/0 

SEAT OF GOVERNMENT, - - - - 571 

SHERIFFS AND CORONERS, - . - 572 

SHOWS AND JUGGLERS, - .. , - 582 

SLANDER, - 5e^3 

STATE BANK, IB. 

STATE RECORDER, ... - - 587 

STATE TREASURY AND TREASURER, - - - 588 

SrATIONERY, 590 

SURVEYORS, 915 

SU/rS BY OR AGAINST STATE ... - 593 

TAVERNS, 594 

TOWN PLATS, - . _ . . 599 

TRESPASSING, ,..-.. 61)2 

V/INDALIA LOTS, 605 

VENUE, - - - - - - ' 606 

WABASH RIVER, - . - . . 609 

WlLLS, 611 

WEIGHTS AND JVIEASURES, - - ^ 660 

WORSHiPPIN'i CONGREGATIONS, - - - 661 

AUDITOR'S REPORT, 665 

TREASURER'S REPORT, , . - . - 671 



DECLARATION OF INDEPENDENCE, 



IN CONGRESS, JULY 4TH, 1776. 



THE UNANIMOUS DECLARATION OF THE THIRTEEN UNITED STATES OP 
' AMERICA. 



'■When, in the course of human events, it becomes necessary for 
one people to dissolve the political bands which have connected them 
with another, and to assume among the powers of the earth, the 
separate and equal station to which the laws of nature and of na- 
ture's God entitle them, a decent respect to the opinions of man- 
kind requires, that they should declare the causes which impel them 
to the separation. 

We hold these truths to be self-evident; that all men are created 
equal; that they are endowed by their Creator with certain unalien- 
able rights; that among these are life, liberty, and the pursuit of 
happiness. That, to secure these rights, governments are instituted 
among men, deriving their just powers from the consent of the 
governed; that whenever any form of government becomes destruc- 
tive of these ends, it is the right of the people to alter or to abolish 
it, and to institute new government, laying its foundation on such 
principles, and organizing its powers in such form, as to them shall 
seem most likely to effect their safety and happiness. Prudence, 
indeed, will dictate, that governments long established should not 
be changed for light and transient causes; and accordingly all expe- 
rience hath shown, that mankind are more disposed to suffer, while 
evils are sufferable, than to right themselves by abolishing the forms 
to which they are accustomed. But when a long train of abuses 
and usurpations, pursuing invariably the same object, evinces a 
design to reduce them under absolute despotism, it is their right, it 
is their duty to throw off such government, and> to provide new 
guards for their future security. Such has been the patient suffer- 
ance of these colonies; and such is now the necessity which con- 
strains them to alter their former systems of government. The 
history of the present king of Great Britain is a history of repeated 



8 DECLARATION OF INDEPENDENCE. 

injuries and usurpations, all having in direct object the establish- 
ment of an absolute tyranny over these states. To prove this, let 
facts be submitted to a candid world. 

He has refused his assent to laws the most wholesome and neces- 
sary for the pubhc good. • ' 

He has forbidden his governors to pass laws of immediate and 
pressing importance, unless suspended in their operation, till his 
assent should be obtained, and, when so suspended, he has utterly 
neglected to attend to them. 

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

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

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

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

. He has endeavored to prevent the population of these states; for 
that purpose obstructing the laws for naturalization of foreigners; 
refusing to pass others, to encourage their migration hither, and 
raising the conditions of new appropriations of lands. 

He has obstructed the administration of justicej by refusing his 
assent to laws for estabhshing judiciary powers, 

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

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

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

He has affected to render the military independent of, and supe- 
rior to, the civil power. 

He has combined with others, to subject us to a jurisdiction, foreigpf 
to our constitution, and unacknowledged by our laws; giving his 
assent to their acts of pretended legislation: 

For quartering large bodies of armed troops among us: ■ > 

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

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

For imposing taxes on us, without our consent: 

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

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

For abolishing the free system of English laws in a neighboring 



DECLARATION OF INDEPENDENCE. # 9 

province, establishing therein an arbitrary government, and enlarg- 
ing its boundaries so as to render it at once an example and lit 
instrument for introducing the same absolute rule into these colonies: 

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

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

He has abdicated government here, by declaring us out of hia 
protection, and waging war against us. 

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

He is, at this time, transporting large armies of foreign mercehgf 
ties to complete the works of death, desolation, and tyranny, already 
feegun, with circumstances of cruelty and perfidy, scarcely paral- 
leled in the most barbarous ages, and totally unworthy the head of 
•a civilized nation. 

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

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

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

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

We, therefore, the representatives of the United States of America, 
in general congress assembled, appealing to the Supreme Judge of 
the world, for the rectitude of our intentions, do, in the name and by 
the authority of the good people of these colonies, solemnly publish 
and declare, that these united colonies are, and of right ought to be, 
free and independent states; that they are absolved from all allegi- 
ance to the British crown, and that all political connexion between 
them and the state of Great Britain, is, and ought to be, totally dis- 



10 



DECLARATION OF INDEPENDENCE. 



solved ; and that as free and independent states, they have full power 
to levy war, conclude peace, contract alliances, establish commerce, 
and to do all other acts and things, which independent states may of 
right do. And for the support of this declaration, with a firm reli- 
ance on the protection of Divine Providence, we mutually pledge to 
each other, our lives, our fortunes, and our sacred honor. 

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

JOHN HANCOCK. 



NEW HA3IPSHIRE. 

Josiah Bartlett, 
Wilham Whipple, 
Matthew Thornton. 

MASSACHUSETTS BAY. 

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

RHODE ISLAND, &ۥ 

Stephen Hopkins, 
William Ellery. 

CONNECTICUT. 

Rog&r Sherman, 
Samuel Huntington, 
William Williams, 
Oliver Wolcott. 

NEW YORK* 

WilHam Floyd, 
PhiUp Livingston, 
Francis Lewis, 
Lewis Morris. 

NEW JERSEY. 

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

PENNSYLVANIA. 

Robert Morris, 
Benjamin Rush, 
Benjamin Franklin, 
John Morton, 
George Clymer, 



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

DELAWARE. 

Cesar Rodney, 
George Read, 
Thomas M'Kean. 

MARYLAND. 

Samuel Chase, 
William Paca, 
Thomas Stone, 
Charles Carroll, of Carrollton. 

\^RGINIA. 

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

NORTH CAROLINA. 

William Hooper, 
Joseph Hewes, 
John Penn. 

SOUTH CAROLINA. 

Edward Rutledge, 
Thomas Hey ward, jr. 
Thomas Lynch, jr. 
Arthur Middleton. 

GEORGIA. 

Button Gwinnett, 
Lyman Hall, 
George Walton. 



ARTICLES OF CONFEDERATION, , 

AND PERPETUAL UNION, 

Between the states of Mw-Hampshire^ Massachusetts-Bay , Rhode-Island 
and Providence Plantations^ Connecticut, Mw-York, JYew-Jersey^ Penn- 
sylvania, Delaware, Maryland, Virginia, A^orth-Carolina, South-Caro- 
lina, and Georgia, 

ARTICLE I. 

The style of this confederacy shall he, ^'the united states op 

ARTICLE II, 

Each state retains its sovereignty, freedom, and independence, 
and every power, jurisdiction, and right which is not by this confe- 
deration expressly delegated to the United States in congress as« 
sembled. 

ARTICLE III. 

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

ARTICLE IV. 

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



1^2 ARTICLES OF CONFEDERATION. 

If any person guilty of, or charged with treason, felony, or other 
high misdemeanor, in any state, shall flee from justice, and be found 
in any of the United States, he shall, upon demand of the governory 
or executive power of the state from which he fled, be delivered up,, 
and removed to the state, having jurisdiction of his offence. 

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

ARTICLE V. 

For the more convenient management of the general interests of 
the United States, delegates shall be annually appointed, in such 
manner as the legislature of each state shall direct, to meet in con- 
gress on the first Monday in Kovemher^ in every year, with a power 
reserved to each state, to recall its delegates, or any of them, at any 
time within the year, and to send others in their stead, for the 
remainder of the year. 

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

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

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

Freedom of speech, and debate in congress, shall not be im-> 
peached or questioned in any court or place out of congress; and 
the members of congress shall be protected in their persons from 
arrests and imprisonments, during the time of their going to and 
from, and attendance on congress, except for treason, felony, or 
breach of the peace. 

ARTICLE VI. 

No state, without the consent of the United States in congress 
assembled, shall send an embassy to, or receive an embassy from, 
or enter into any conference, agreement, alliance or treaty with 
any king, prince or state; nor shall any person, holding any oflice 
of profit or trust under the United States or any of them, accept of 
any present, emolument, oflice, or title of any kind whatever, from 
any king, prince or foreign state; nor shall the United States in 
congress assembled, or any of them, grant any title of nobility. 

No two or more states shall enter into any treaty, confederation 
or aUiance whatever between them, without the consent o( the 
United States in congress assembled, specifying accurately the 



I 
ARTICLES OF CONFEDERATION. IS 

purposes for which the same is to be entered into, and how long it 
shall continue. 

,0 No state shall lay any imposts or duties, which may interfere with 
any stipulations in treaties entered into by the United States in 
congress assembled, with any king, prince or state, in pursuance 
of any treaties already proposed by congress t6 the Courts of jrance 
and Spain. 

■ '"No vessels of war shall be kept up in time of peace by any state, 
except such number only as shall be deemed necessary by the United 
States in congress assembled, for the defence of such state, or its 
trade; nor shall any body of forces be kept up by any state in time 
of peace, except such number only as, in the judgment of the United 
States in congress assembled, shall be deemed requisite to garrison 
the forts necessary for the defence of such state ; but every state 
shall always keep up a well regulated and disciplined mihtia, suf- 
ficiently armed and accoutred, and shall provide, and have con- 
stantly ready for use, in public stores, a due number of field pieces 
a;nd tents, and a proper quantity of arms, ammunition and camp 
equipage. 

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

.,,'.,.,.. ..;. ^^^^.._ ,^.,. ;,^ ARTICLE VII. 

, When land forces are raised by any state for the common de-. 
fence^ all oflicers of, or under the rank of colonel, shall be appointed 
by the legislature of each state respectively, by whom such forces 
shall be raised, or in such manner as such state shall direct; and all 
vacai^cies shall be filled up by the state which first made the ap- 
j^9ijatmeiit. 

' ' ARTICLE VIII. 

'All charges of war and all other expenses that shall be incurred 
for the common defence, or general welfare, and allowed by the 



14 ARTICLES OF CONFEDERATION. 

United States in congress assembled, sh^l be defrayed out of a 
common treasury, which shall be supplied by the several states, in 
proportion to the value of all land within each state granted to, 
or surveyed for, any person, as such land, and the buildings and im- 
provements thereon, shall be estimated according to .such mode as 
the United States in congress assembled shall, from time to time 
direct and appoint. 

The taxes for paying that proportion shall be laid and levied by 
the authority and direction of the legislatures of the several states, 
within the time agreed upon by the United States in congress 
assembled. 

ARTICLE IX. 

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

The United States in congress assembled, shall also be the last 
resort on appeal in all disputes and differences now subsisting, or that 
hereafter may arise between two or more states, concerning boun- 
dary, jurisdiction, or any other cause whatever; which authority shall 
always be exercised in the manner following: — Whenever the legis- 
lative or executive authority, or lawful agent of any state in contro- 
versy with another, shall present a petition to congress, stating the 
matter in question, and praying for a hearing, notice thereof shall be 
given by order of congress to the legislative or executive authority of 
the other state in controversy, and a day assigned for the appearance 
di^the parties by their lawful agents, who shall then be directed to ap- 
point, by joint consent, commissioners or judges to constitute a court 
forbearing and determining the matter in question; but if theyxannot 
agree, congress shall name three persons out of each of the United 
States, and from the Hst of such persons each party shall alternately 
strike out one, the petitioners beginning, until the number shall be 
reduced to thirteen; and from that number not less than seven nor 





ARTICLES OF CONFEDERATION. 15 

more than nine names, as congress shall direct, shall in the presence 
of congress be drawn out by lot; and the persons whose names shall 
be so drawn, or any five of them, shall be commissioners or judges to 
hear, and finally determine the controversy, so always as a major part 
of the judges, who shall hear the cause, shall agree in the determina- 
tion; and if either party shall neglect to attend at the day appointed, 
without shewing reasons which congress shall judge sufficient, or be- 
ing present, shall refuse to strike, the congress shall proceed to nomi- 
nate three persons out of each state, and the secretary of congress 
shall strike in behalf of such party absent or refusing; and the judg- 
ment and sentence of the court to be appointed in the manner before 
prescribed, shall be final and conclusive; and if any of the parties 
shall refuse to submit to the authority of such court, or to appear or 
defend their claim or cause, the court shall nevertheless proceed to 
pronounce sentence or judgment, which shall, in hke manner, be 
final and decisive, the jndgmp.nt or sentence and other proceedings 
being in either case transmitted to congress, and lodged among the 
acts of congress, for the security of the parties concerned : Provi- 
ded^ That every commissioner, before he sits in judgment, shall take 
an oath, to be administered by one of the judges of the supreme or 
superior court of the state where the cause shall be tried, "well and 
truly to hear and determine the matter in question, according to the 
best of his judgment, without favor, affection or hope of reward;" 
Provided also^ That no state shall be deprived of territory for the 
benefit of the United States. 

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

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

2 



iO ARTICLES OF CONFEDERATION. 

for the government and regulation of the said land and naval forces^ 
and directing their operations. 

The United States in congress assembled, shall have authority to 
appoint a committee to sit in the recess of congress, to he denominat- 
ed, "A Committee of the States,^^ and to consist of one delegate from 
each state; and to appoint such other committees and civil officers 
as may be necessary for managing the general affairs of the United 
States, under their direction — to appoint one of their number to pre- 
side: Provided, That no person be allowed to serve in the office of 
president more than one year in any term of three years; to ascer- 
tain the necessary sums of money to be raised for the service of the 
United States, and to appropriate and apply the same for defraying 
the public expenses — to borrow money, or emit bills on the credit of 
the United States, transmitting every half year to the respective 
states, an account of the sums of money so borrowed or emitted — to 
build and equip a navy — to agree upon the number of land forces, 
and to make requisitions from each state for its quota, in proportion 
to the number of white inhabitants in such state; which requisitions 
shall be binding, and thereupon the legislature of each state shall 
appoint the regimental officers, raise the men, and clothe, arm and 
equip them in a soldier-like manner, at the expense of the United 
States; and the officers and men so clothed, armed and equipped, 
shall march to the place appointed, and within the time agreed on 
by the United States in congress assembled, but if the United 
States in congress assembled shall, on consideration of circumstan- 
ces, judge proper that any state should not raise men, or should raise 
a smaller number than its quota, and that any other state should 
raise a greater number of men than the quota thereof, such extra 
liumber shall be raised, officered, clothed, armed and equipped, in 
the same manner as the quota of such state, unless the legislature of 
such state shall judge that such extra number cannot be safely spar- 
ed out of the same; in which case, they shall raise, officer, clothe, 
arm and equip, as many of such extra number as they judge can be 
safely spared; and the officers and men, so clothed, armed and 
equipped, shall march to the place appointed, and within the time 
jigreed on by the United States in congress assembled. 

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



ARTICLES OF CONFEDERATION. * 17 

unless by the votes of a majority of the United States in congress 
assembled. 

The congress of the United States shall have power to adjourn to 
any time within the year, and to any place within the United States, 
so that no period of adjournment be for a longer duration than the 
space of six months; and shall publish the journal of their proceed- 
ings monthly, except such parts thereof, relating to treaties, allian- 
ces, or military operations, as in their judgment require secrecy; and 
the yeas and nays of the delegates of each state on any question 
shallbe entered on the journal, when it is desired by any delegate; 
and the delegates of a state, or any of them, at his or their request, 
shall be furnished with a transcript of the said journal, except such 
parts as are above excepted, to lay before the legislatures of the seve- 
ral states. 

ARTICLE X. 

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

ARTICLE Xl^ 

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

ARTICLE Xn. 

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

ARTICLE xin. 

Every state shall abide by the determination of the United States 
in congress assembled, on all questions which, by this confederation, 
are submitted to them. And the articles of this confederation shall 
be inviolably observed by every state, and the union shall be per- 
petual; nor shall any alteration at any time hereafter be made in 



18 ARTICLES OF CONFEDERATION. 

any of them, unless such alteration be agreed to in a congress of the 
United States, and be afterwards confirmed by the legislature of 
every state. 

And whereas, it has pleased the Great Governor of the world to 
incline the hearts of the legislatures we respectively represent in 
congress, to approve of, and to authorize us to ratify the said articles 
of confederation, and perpetual union: Know ye. That we, the un- 
dersigned delegates, by virtue of the power and authority to us given 
for that purpose, do, by these presents, in the name and in behalf of 
our respective constituents, fully and entirely ratify and confirm each 
and every of the said articles of confederation and perpetual union, 
and all and singular the matters and things therein contained; and 
vre do further solemnly plight and engage the faith of our respective 
constituents, that they shall abide by the determinations of the United 
States in congress assembled, on all questions which, by the said 
confederation, are submitted to them; and that the articles thereof 
shall be inviolably observed by the states we respectively represent; 
and that the union shall be perpetual. 

In witness whereof, we have hereunto set our hands, in congress, 
done at Philadelphia, in the state of Pennsylvania, the ninth 
day of July, in the year of our Lord one thousand seven hun- 
dred and seventy-eight, and in the third year of the Indepen- 
dence of America. 

On the part and behalf of the state of JVew Hampshire, 
Josiah Bartlett, John Wentworth, jr. Aug. 8, 1778. 

On the part and behalf of the state of Massachusetts Bay, 
John Hancock, Fi-ancis Dana, 

Samuel Adams, James Lovell, 

Elbridge Gerry, Samuel Holten. 

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

Plantations. 
WilHam Ellery, John Collins. 

Henry Marchant, 

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

Samuel Huntington, Andrew Adams. 

Oliver Wolcott, 

On the part and behalf of the state of Mew York, 
Jas. Duane, Wm. Duer, 

Fra. Lewis, Gouv. Morris. 

On the part and behalf of the stats of JVew Jersey, 
Jno. Witherspoon, Nath. Scudder, Nov. 26, 1778. 

On the part and behalf of the state of Pennsylvania, 
Robt. Morris, Wilham Clingan, 

Daniel Roberdeau, Joseph Reed, 22d July, 1778. 

Jona. Bayard Smith, 



CONSTITUTION OF TIIE UNITED STATES. 19 

On the part and behalf of the state of Delaware, 
Thos. McKean, Feb. 13. 1779, Nicholas Van Dyke. 
John Dickinson, May 5th, 1779, 

On the part and behalf of the state of Maryland. 
John Hanson, March 1, 1781, Daniel Carroll, do. 

On the part and behalf of the state of Virginia. 
Richard Henry Lee, Jno. Harvie, 

John Banister, Francis Lightfoot Lee. 

Thomas Adams, 

On the part and behalf of the state of JVortk Carolina, 
John Penn, July 21st, 1778, Jno. Williams. 
Corns. Harnett, 

On the part and behalf of the state of South Carolina, 
Henry Laurens, Richard Hutson, 

William Henry Drayton, Thomas Hey ward, jun. 

Jno. Matthews, 

On the part and behalf of the state of Georgia, 
Jno. Walton, 94 th July, 1778, Edwd. Lang worthy. 
Edwd. Telfair, 

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



CONSTITUTION OF THE UNITED STATES. 

We, the people of the United States, in order to form a more 
perfect union, establish justice, insure domestic tranquility, provide 
for the common defence, promote the general welfare, and secure 
the blessings of liberty to ourselves and our posterity, do ordain and 
establish this constitution for the United States of America. 

ARTICLE L 

SECTION I. 

1. All legislative powers herein granted, shall be vested in a 
congress of the United States, which shall consist of a senate and 
house of representatives. 



20 CONSTITUTION OF THE UNITED STATES. 

SECTION 2. 

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

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

3. Representatives and direct taxes shall be apportioned among 
the several states which may be included within this union, accord- 
ing to their respective numbers, which shall be determined by adding 
to the whole number of free persons, including those bound to ser- 
vice for a term of years, and excluding Indians not taxed, three-fifths 
of all other persons. The actual enumeration shall be made within 
three years after the first meeting of the congress of the United 
States, and within every subsequent term of ten years, in such man- 
ner as they shall by law direct. The number of representatives 
shall not exceed one for every thirty thousand, but each state shall 
have at least one representative : and until such enumeration shall 
be made, the state of JVew Hampshire shall be entitled to choose 
three; Massachusetts^ eight; Rhode Island and Providence Plantations^ 
one; Connecticut^ five; JVew York^ six; JVew Jersey^ four; Pennsytva- 
ma, eighty Delaware, one; Mary laiid, six; Virginia, ten; J\''orth Caro- 
lina, five ; South Carolina, five ; and Georgia, three. 

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

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

SECTION 3. 

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

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

3. No person shall be a senator, who shall not have attained to 



CX)NSTITUTION OF THE UNITED STATES. 21 

the age of thirty years, and heen nine years a citizen of the United 
States, and who shall not, when elected, he an inhabitant of that 
state for which he shall be chosen. 

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

5. The senate shall choose their other officers, and also a presi- 
dent, joro tempore^ in the absence of the vice-president, or when he 
shall exercise the office of president of the United States. 

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

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

SECTION 4. 

1, The times, places, and manner of holding elections for sena- 
tors and representatives, shall be prescribed in each state, by the 
legislature thereof; but the congress may at any time, by law, make 
or alter such regulations, except as to the places of choosing senators.; 

2. The congress shall assemble at least once in every year, ^nd 
such meeting shall be on the first Monday in December, unless they, 
^t'all by law appoint a different day. 

SECTION 5. , 

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

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

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

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



22 CONSTITUTION OF THE UNFTED STATES. 

SECTION 6. 

1. The senators and representatives shall receive a compensation 
for their services, to be ascertained b j law, and paid out of the trea- 
sury of the United States. They shall, in all cases, except treason, 
felony and breach of the peace, be privileged from arrest, during 
their attendance at the session of their respective houses, and in go- 
ing to or returning from the same; and for any speech or debate in 
either house, they shall not be questioned in any other place. 
• 2. No senator or representative shall, during the time for which he 
was elected, be appointed to any civil office under the authority of 
the United States, which shall have been created, or the emoluments 
whereof shall have been increased, during such time; and no person 
holding any office under the United States, shall be a member of 
either house, during his continuance in office. 

SECTION 7. 

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

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

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



CONSTITUTION OF THE UNITED STATES. 23 

SECTION 8. 

The congress shall have power — 
: 1, To lay and collect taxes, duties, imposts, and excises; to pay 
ithe debts, and provide for the common defence and general welfare 
of the United States; but all duties, imposts, and excises, shall be 
uniform throughout the United States: 

2. To borrow money on the credit of the United States: 
: 3. To regulate commerce with foreign nations, and among the 
several states, and with the Indian tribes: 

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

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

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

7. To establish post offices and post roads: 

8. To promote tne progress of science and useful arts, by secur- 
ing, for limited times, to authors and inventors, the exclusive right 

rio their respective writings and discoveries: 

,-, 9. To constitute tribunals inferior to the supreme court: To define 

and punish piracies and felonies committed on the high seas, and 

offences against the law of nations: 

10. To declare war, grant letters of marque and reprisal, and 

Ifnake rules concerning captures on land and water: 
;,. 11. To raise and support armies; but no appropriation of money 

to that use, shall be for a longer term than two years: 

12. To provide and maintain a navy: 

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

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

'to, 1^* To provide for organizing, arming and discipHning the militia, 

j and for governing such part of them as may be employed in the 

. service of the United States, reserving to the states respectively, the 

appointment of the officers, and the authority of training the mihtia 

according to the discipline prescribed by congress: 

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

^^\ To niake all laws which shall be necessary and proper for 
carrying into execution the foregoing powers, and all other powers 
vested by this constitution in the government of the United States, 
or in any department or officer thereof. 
3 



24 CONSTITUTION OF THE UNITED STATES. 

SECTION 9. 

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

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

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

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

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

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

7. No title of nobihty shall be granted by the United States, and 
no person holding any office of profit or trust under them, shall, 
without the consent of the congress, accept of any present, emolu- 
ment, office or title of any kind whatever, from any king, prince, or 
foreign state. . • 

, SECTION 10. 

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

2. No state shall, without the consent of the congress, lay any 
imposts or duties on imports or exports except what may be abso- 
lutely necessary for executing its inspection laws; and the net pro- 
duce of all duties and imposts, laid by any state on imports or ex- 
ports, shall be for the use of the treasury of the United States, and 
all such laws shall be subject to the revision and control of the con- 
gress. No state shall, without the consent of congress, lay any duty 
of tonna^fc, keep troops or ships of war in time of peace, enter into 
any agreement or compact with another state, or with a foreign 
power, or engage in war, unless actually invaded, or in such immi- 
nent danger as will not admit of delay. 



CONSTITUTION OF THE UNITED STATES. 25 

ARTICLE II. 

SECTION 1. 

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

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

. 3. The electors shall meet in their respective states, and vote by 
ballot for two persons, of whom one at least eball not he an inhabi- 
tant of the same state with themselves. And they shall make a list 
of all the persons voted for, and of the number of votes for each; 
which list they shall sign and certify, and transmit sealed to the seat 
of government of the United States, directed to the president of the 
senate. The president of the senate shall in the presence of the 
senate and house of representatives, open all the certificates, and 
the votes shall then be counted. The person having the greatest 
number of votes shall be the president, if such number be a majority 
of the whole number of electors appointed; and if there be more 
than one who have such majority, and have an equal number of 
votes, then the house of representatives shall immediately choose, by 
ballot, one of them for president; and if no person have a majority, 
then from the five highest on the list, the said house shall, in like 
manner choose the president. But in choosing the president, the 
votes shall be taken by states, the representation from each state 
having one vote : a quorum for this purpose shall consist of a mem- 
ber or members from two-thirds of the states, and a majority of all 
the states shall be necessary to a choice. In every case, after the 
choice of the president, the person having the greatest number of 
votes of the electors, shall be the vice president. But if there should 
remain two or more who have equal votes, the senate shall choose 
from them, by ballot, the vice president. 

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

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



26 CONSTITUTION OF THE UNITED STATES. 

6. In case of the removal of the president from office, or of his 
death, resignation, or inabihty to discharge the powers and duties of 
the said office, the same shall devolve on the vice president, and 
the congress may, by law, provide for the case of removal, death, 
resignation, or inability, both of the president and vice president, 
declaring what officer shall then act as president, and such officer 
shall act accordingly, until the disability be removed, or a president 
shall be elected. ^ 

7. The president shall, at stated times, receive for his services a 
compensation, which shall neither be increased nor diminished dur- 
ing the period for which he shall have been elected, and he shall 
not receive within that period any other emolument from the United 
States or any of them. ; 

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

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

SECTION 2. 

1. The president shall be commander in chief of the army and 
navy of the United States, and of the militia of the several states, 
when called into the actual service of the United States. He may 
require the opinion in writing of the principal officer in each of the 
executive departments, upon any subject relating to the duties of 
their respective offices; and he shall have power to grant reprieves 
and pardons, for offences against the United States, except in cases 
of impeachment. 

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

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

SECTION 3. 

1. He shall from time to time, give to the congress information of 
the state of the union ; and recommend to their consideration such 





CONSTITUTION OF THE UNITED STATES. 27 

measures as he shall judge necessary and expedient. He may, oii 
extraordinary occasions, convene both houses, or either of them, and 
in case of disagreement between them, with respect to the time of 
adjournment, he may adjourn them to such time as he shall think 
proper. He shall receive ambassadors and other public ministers. 
He shall take care that the laws be faithfully executed; and shall 
commission all officers of the United States. 

SECTION 4. 

1. The president, vice president, and all civil officers of the 
United States, shall be removed from office, on impeachment for, 
and conviction of, treason, bribery, or other high crtmes and misde- 
meanors. 

ARTICLE HI. 

SECTION 1. 

.^^he judicial power of the United States shall be ves-ted in one 
^ilpreme court, and in such inferior courts, as the congress may, from 
time to time, ordain and establish. The judges, both of the su- 
preme and inferior courts, shall hold their offices during good beha- 
vior; and shall, at stated times, receive for their services, a com- 
pensation, which shall not be diminished during their continuance 
in office* 

SECTION 2. 

1. The judicial power shall extend to all cases, in law and equity, 
arising under this constitution, the laws of the United States, and 
treaties made, or which shall be made, under their authority; to all 
cases, affecting ambassadors, other public ministers, and consuls; to 
all cases of admiralty and maritime jurisdiction; to controversies to 
which the United States shall be a party, to controversies between 
two or more states, between a state and citizens of another state, 
between citizens of different states, between citizens of the same 
State, claiming lands under grants of different states, and between 
a state or the citizens thereof, and foreign states, citizens or subjects. 

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

3. The trial of all crimes, except in cases of impeachment, shall 
)?e by jury, and such trials shall be held in the state where the said 
trimes shall have been committed; but when not committed within 



28 CONSTITUTION OF THE UNITED STATES. 

any state^the trial shall be at such place or places, as the congress 
may by law have directed. 

SECTION 3. 

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

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

ARTICLE IV. 

SECTION 1. 

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

SECTION 2. 

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

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

' 3. No person held to service or labor in one state under the laws 
thereof, escaping into another, shall, in consequence of any law or 
regulation therein, be discharged from such service or labor; but 
shall be delivered up on claim of the party to whom such service or 
labor may be due. 

SECTION 3. 

1. New states may be. admitted by the congress into this unioii; 
\)\xt no new state shall be formed or erected within the jurisdiction 
of any other state, nor any state be formed by the junction of two 
or more states, or parts of states, without the consent of the legisla- 
tures of the states concerned, as well as of the congress. 

2. The congress shall have power to dispose of, and make all 



CONSTITUTION OF THE UNITED STATES. 29 

needful rules and regulations respecting the territory or other pro- 
perty belonging to the United States; and nothing in this constitu- 
tion shall be so construed as to prejudice any claims of the United 
States^ or of any particular state. 

SECTION 4. 

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

ARTICLE V. 

1. The congress, whenever two-thirds of both houses shall deerti 
it necessary, shall propose amendments to. this constitution; or, on 
the application of the legislatures of two-thirds of the several states, 
shall call a convention for proposing amendments, which, in eithejr 
case, shall be valid to all intents and purposes, as part of this con- 
stitution, when ratified by the legislatures of three-fourths of thfe 
several states, or by conventions in three-fourths thereof, as the.one 
or the other mode of ratification may be proposed by the congress: 
Provided^ That no amendment which may be made prior to the year 
one thousand eight hundred and eight, shall in any manner affect the 
first and fourth clauses in the ninth section of the first: article;; ^t^ 
that no state, without its consent, shall be deprived of its equal suP 
firage in the senate. .ii:-!.ji.; annli// 

ARTICLE VL 

L All debts contracted, and engagements entered into, before th^ 
adoption of this constitution, shall be as valid against the United 
States under this constitution, as under the confederation. : •• ; ,.>r? 

2. This constitution, and the laws of the United States whidb 
shall be made in pursuance thereof, and all treaties made, or which 
shall be made under the authority of the United States, shall beitHe 
supreme law of the land ; and the judges in every state shalL bte 
bound thereby; any thing in the constitution or laws of any state to 
the contrary notwithstanding. 

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



30 



CONSTITUTION OF THE UNITED STATES 



ARTICLE VII. 



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

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

GEOREG WASHINGTON, President, 

and deputy from Virginia* 



NEW HAMPSHIRE. 

John Langdon, 
Nicholas Gilman. 

! MASSACHUSETTS. 

Nathaniel Gorham, 
Rufus King. 

CONNECTICUT. 

William Samuel Johnson, 
Roger ^Sherman. 

NEW YORK. 

Alexander Hamilton. 

TTEW JERSEY. 

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

PENNSYLVANIA. 

Benjamin Franklin, 
Thomas Mifflin, 
Robert Morris, 
George Clymer, 
Thomas Fitzsimons, 
Jared IngersoU, 
James Wilson, 
Governeur Morris. 
Attest, 



DELAWARE. 

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

MARYLAND. 

James M'Henry, 

Daniel of St. Tho. Jenifer, 

Daniel Carroll. 

VIRGINLA.. 

John Blair, 

James Madison, jun. 

NORTH CAROLINA, 

William Blount, 
Richard Dobbs Spaight, 
Hugh Williamson. 

SOUTH CAROLINA, 

John Rutledge, 

Charles Cotesworth Pinckney, 

Charles Pinckney, 

Pierce Butler. 

GEORGIA. 

William Few, 
Abraham Baldwin. 
WILLIAM JACKSON, Secretary. 





CONSTITUTION OF THE UNITED STATES. 31 



AMENDMENTS TO THE CONSTITUTION. 

ARTICLE 1. 

Coiigregs shall make no law respecting an establishment of reli- 
gion, or prohibiting the free exercise thereof; or abridging the free- 
dom of speech, or of the press; or the right of the people peacea- 
bly to assemble, and to petition the government for a redress of 
grievances. 

ARTICLE 2. 

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

ARTICLE 3. 

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

ARTICLE 4. 

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

ARTICLE 5. 

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

ARTICLE 6» 

In ail criminal prosecutions, the accused shall enjoy the right to 
a speedy and public trial, by an impartial jury of the 3tate and di*- 
4 



35 STATE CONSTITUTION. 

trict wherein the crime shall have been committed, which district 
shall have been previously ascertained by law, and to be informed of 
the nature and cause of the accusation; to be confronted with the 
witnesses against him; to have compulsory process for obtaining 
witnesses in his favor; and to have the assistance of counsel for 
his defence. 

ARTICLE 7. 

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

ARTICLE 8. 

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

ARTICLE 9. 

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

ARTICLE 10. 

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

ARTICLE 11. 

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

ARTICLE 12. 

1. The electors shall meet in their respective states, and vote by 
ballot for president and vice president, one of whom at least, shall 
not be an inhabitant of the same state with themselves; they shall 
name in their ballots the person voted for as president, and in distinct 
ballots the person voted for as vice president; and tl.ey shall make 
distinct lists of all persons voted for as president, and of all persons 
voted for as vice president, and of the number of votes for each, 
which lists they shall sign and certify, and transmit sealed t© the scat 



STATE CONSTITUTJOX. i3 

of the government of the United States, directed to tha president of 
the senate; the president of the senate shall, in the presence of the 
senate and house of representatives, open all the certificates, and the 
votes shall then be counted: the person having the greatest number 
of votes for president, shall be the president, if such number be a 
majority of the whole number of electors appointed; and if no person 
have such majority, then from the persons having the highest num- 
bers, not exceeding three, on the list of those voted for as president, 
the house of representativ^es shall choose immediately, by ballot, the 
president. But in choosing the president, the votes shall be taken 
by states, the representation from each gtate having one vote ; a quo- 
rum for this purpose shall consist of a member or members from two- 
thirds of the states, and a majority of all the states shall be necessary 
to a choice. And if the house of representatives shall not choose 
a president whenever the right of choice shall devolve upon them, 
before the fourth day of March next following, then the vice presi- 
dent shall act as president, as in the case of the death or other 
constitutional disability of the president. 

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

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

ARTICLE 13. 

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



RESOLUTION, 

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

Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled, That, whereas, in pursuance 
of an act of congress, passed on the eighteenth day of April, one 



J^4 STATE CONSTITUTION. 

thousand eight hundred and eighteen, entitled "An act to enable the 
people of the Illinois Territory to form a constitution and state gov- 
ernment, and for the admission of such slate into the Union, on an 
equal footing with the original states," tlie people of said territory 
did, on the twenty-sixth day of August, in the present year, by a 
convention called for that purpose, form for themselves a constitution 
and state government, which constitution and state government, so 
formed, is republican, and in conformity to the principles of the 
articles of compact between the original states and the people and 
states in the territory north-west of the river Ohio, passed on the 
thirteenth day of July, one thousand seven hundred and eighty-seven: 
Resolved by the Senate and House of Representatixes of the United States 
of America in Congress assembled, That the state of Illinois shall be 
one, and is hereby declared to be one, of the United States of 
America, and admitted into the Union on an equal footing with the 
original states, in all respects whatever. 

Approved, December 3, 1818. 



CONSTITUTION 

or THE 

STATE OF ILLINOIS. 

The people of the Illinois Territory^ having the right of admission 
into the general government as a member of the Union, consistent 
with the constitution of the United States, the ordinance of congress 
of 1787, and the law of congress "approved April 18th, 1818," 
entitled "an act to enable the people of the Illinois Territory to form 
a constitution and state government, and for the admission of such 
state into the Union on an equal footing with the original states, and 
for other purposes;" in order to establish justice, promote the welfare 
and secure the blessings of liberty to themselves and their posterity, 
do by their representatives in convention ordain and establish the 
following constitution or form of government; and do mutually agree 
with each other to form themselves into a free and independent state 
by the name of the state of Illinois. And they do hereby ratify 
the boundaries assigned to such state by the act of congress aforesaid, 
which are as follows, to wit: Beginning at the mouth of the Wabash 
river, thence up the same, and with ihe line of Indiana to the north- 
west corner of said state; thence east with the line of the same 
state, to the middle of lake Michigan; thence north along the mid- 
dle of said lake, to north latitude forty-two degrees and thirty min- 
utes; thence west to the middle of the Mississippi river: and thence 



STATE CONSTITUTION. 35 

down along the middle of that river to its confluence with the Ohio 
river; and thence up the latter river along its north-western shore to 
the beginning. 

ARTICLE I. 

CONCERNING THE DISTRIBUTION OF THE POWERS OF GOVERNMENT. 

Sec. 1. The powers of the government of the state of Illinois, 
shall be divided into three distinct departments, and each of them be 
confided to a separate body of magistracy, to wit: Those which are 
legislative to one; those which are executive to another; and those 
which are judiciary to another. 

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

ARTICLE II. 

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

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

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

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

Sec. 5. The number of senators and representatives, shall, at the 
first session of the general assembly, holden after the returns herein 



3i> STATE CONSTITUTION. 

provided for are made, be fixed bj the general assembly, and appor- 
tioned among the several counties or districts to be established by 
law, according to the number of white inhabitants. The number 
of representatives shall not be less than twenty-seven, nor more than 
thirty-six, until the number of inhabitants within this state shall 
amount to one hundred thousand; and the number of senators shall 
never be less than one-third nor more than one-half of the number 
of representatives. 

Sec. 6. No person shall be a senator who has not arrived at the 
age of twenty-five years, w4io shall not be a citizen of the United 
States, and who shall not have resided one year in the county or 
district in which he shall be chosen immediately preceding his elec- 
tion, if such county or district shall have been so long erected ; but 
if not, then within the limits of the county or counties, district or 
districts, out of which the same shall have been taken; unless he 
shall have been absent on the public business of the United States 
or of this state, and shall not moreover have paid a state or county tax. 

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

Sec 8. Each house shall keep a journal of its proceedings, and 
publish them: the yeas and nays of the members, on any question, 
shall, at the desire of any two of them, be entered on the journals. 

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

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

Sec 11. When vacancies happen in either house, the governor, 
or the person exercising the powers of governor, shall issue writs of 
election to fill such vacancies. 

Sec 12. Senators and representatives shall, in all cases, except 
treason, felony, or breach of the peace, be privileged from arrest, 
during the session of the general assembly, and in going to, and 
returning from, the same, and for any speech or debate in either 
house, they shall not be questioned in any other place. 

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



STATE CONSTITUTION. 37 

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

Sec 15. Bills may originate in either house, but may be altered, 
amended, or rejected by the other. 

Sec. 16. Every bill shall be read on three different days in each 
house, unless in case of urgency, three-fourths of the house where 
such bill is so depending shall deem it expedient to dispense with 
this rule; and every bill having passed both houses shall be signed 
by the speakers of the respective houses. 

Sec. 17. The style of the laws of this state shall be, "Be it enacted 
hy the people of the state of Illinois^ represented in the general assembly,''' 

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

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

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

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

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

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

Sec 24. The first session of the general assembly shall commence 
on the first Monday of October next, and forever after, the general 
assembly shall meet on the first Monday in December next ensuing 
the election of the members thereof, and at no other period, unless 
as provided by this constitution. 

Sec 25. No judge of any court of law or equity, secretary of 



38 STATE CONSTITUTION. 

state, attorney-general, attorney for the state, register, clerk of an}^ 
court of record, sheriff or collector, member of either house of con- 
gress, or person holding any lucrative office under the United States 
or this state, (provided that appointments in the mihtia, postmasters 
or justices of the peace shall not be considered lucrative offices.) 
shall have a seat in the general assembly: nor shall any person hold- 
ing an office of honor or profit under the government of the United 
States, hold any office of honor or profit under the authority of this 
state. 

Sec. 26. Every person vrho shall be chosen or appointed to any 
office of trust or profit shall, before entering upon the duties thereof, 
take an oath to support the constitution of the United States and of 
this state, and also an oath of office. 

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

Sec. 28. All votes shall be given viva voce until altered by the 
general assembl}^ 

Sec. 29. Electors shall, in all cases, ex(?ept treason, felony, or 
breach of the peace, be privileged from arrest during their attend- 
ance at elections, and in going to and returning from the same. 

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

Sec. 31. In the year one thousand eight hundred and twenty, and 
every fifth year thereafter, an enumeration of all the white inhabi- 
tants of the state shall be made, in such manner as shall be directed 
by law. 

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

ARTICLE III. 

Sec. 1. The executive power of the state shall be vested in a 
governor. 

Sec 2. The first election of governor shall commence on the third 
Thursday of September next, and continue for that and the two suc- 
ceeding days; and the next election shall be held on the first Mon- 
day of August, in the year of our Lord one thousand eight hundred 
and twenty-two. And forever after, elections for governor shall be 
held once in four years, on the first Monday of August. The gover- 
nor shall be chosen by the electors of the members of the general 
assembly, at the same places and in the same manner that they shall 
respectively vote for members thereof. The returns for every elec- 



STATE CONSTITUTION. 39 

Itioti of governor shall be sealed up and transmitted to the seat of 
government by the returning officers, directed to the speaker of the 
house of representatives, who shall open and publish them in the 
presence of a majority of the members of each house of the general 
assembly. The person having the highest number of votes shall be 
governor; but if two or more be equal and highest in votes, then one 
of them shall be chosen governor by joint ballot of both houses of 
the general assembly. Contested elections shall be determined by 
both houses of the general assembly in such manner as shall be pre- 
scribed by law. 

Sec. 3. The first goTernor shall hold his office until the first Mon- 
day of December, in the year of our Lord one thousand eight 
hundred and twenty-two, and until another governor shall be elected 
and qualified to office : and forever after, the governor shall hold his 
office for the term of four years, and until another governor shall be 
elected and qualified; but he shall not be eligible for more than four 
years in any term of eight years. He shall be at least thirty years 
of age, and have been a citizen of the United States thirty years; 
two years of which next preceding his election he shall have resided 
within the limits of this state. 

Sec. 4. He shall, from time to time, give the general assembly 
information of the state of the government, and recommend to their 
■consideration such measures as he shall deem expedient. 

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

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

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

Sec. 8, When any officer, the right of whose appointment is, by 
this constitution vested in the general assembly, or in the governor 
and senate, shall, during the recess, die, or his office by any means, 
become vacant, the governor shall have power to fill such vacancy, by 
granting a commission which shall expire at the end of the next ses- 
sion of the general assembly. 

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

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

Sec. II. There shall be elected in each and every county in the 
said state, by those who are qualified to vote for members of the gen- 
eral assembly, and at the same times and places where the election 
for such members shall be held, one sheriff and one coroner, whose 
5 



40 STATE CONSTITUTION. 

election shall be subject to such rules and regulations as shall be pre- 
scribed bj law. The said sheriffs and coroners respectively, when 
elected, shall continue in office two years, be subject to removal and 
disqualification, and such other rules and regulations as may be, from 
lime to time prescribed by law. 

Sec. 1*2. In case of disagreement between the two houses with 
respect to the time of adjournment, the governor shall have power 
to adjourn the general assembly, to such time as he thinks proper^ 
provided it be not to a period beyond the next constitutional meet- 
ing of the same. 

Sec. 13. A lieutenant-governor shall be chosen at every election 
for governor, in the same manner, continue in office for the same 
time and possess the same qualifications." In voting for governor and 
lieutenant-governor, the electors shall distinguish whom they vote for 
as governor, and whom as lieutenant-governor. 

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

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

Sec. 16. The lieutenant-governor, while he acts as speaker of the 
senate, shall receive for his services, the same compensation, which 
shall for the same period be allowed to the speaker of the house of 
representatives and no more: and during the time he administers 
the government as governor, he shall receive the same compen- 
sation which the governor w^ould have received had he been em- 
ployed in the duties of his office. 

Sec 17. If the lieutenant-governor shall be called upon to admin- 
ister the government, and shall, while in such administration resign,, 
die or be absent from the state during the recess of the general 
assembly, it shall be the duty of the secretary for the time being, to. 
convene the senate for the purpose of choosing a speaker. 

Sec. 18. In case of an impeachment of the governor, his removal 
from office, death, refusal to qualify, resignation or absence from the 
state, the lieutenant-governor shall exercise all the power and autho- 
rit}' appertaining to the office of governor, until the time pointed 
out by this constitution for the election of governor shall arrive, un- 
less the general assembly shall provide by law for the election of a 
governor to fill such vacancy.. 

Sec 19. The governor for the time being and the judges of the 
supreme court or a major part of them, together with the governor^ 



. STATE CONSTITUTION. 41 

sliall be and are hereby constituted a council to revise all bills about 
to be passed into laws by the general assembly; and for that purpose 
shall assemble themselves from time to time when the general assem- 
bly shall be convened; for which nevertheless they shall not receive 
any salary or consideration under any pretence whatever; and all 
bills which have passed the senate and house of representatives shall, 
before they become laws, be presented to the said council for their 
revisai and consideration; and if upon such revisal and considera- 
tion, it should appear improper to the said council or a majority of 
them, that the bill should become a law of this state, they shall 
return the same, together with their objections thereto in writing to 
the senate or house of representatives (in whichsoever the same shall 
have originated) who shall enter the objections set down by the 
council at large in their minutes, and proceed to reconsider the said 
bill. But if after such reconsideration the said senate or house of 
representatives shall, notwithstanding the said objections, agree to 
pass the same by a majority of the whole number of members 
elected; it shall, together with the said objections, be sent to the 
lother branch of the general assembly, where it shall also be reconsid- 
ered; and if approved by a majority of all the members elected, it 
■shall become a law. If any bill shall not be returned within ten 
days after it shall have been presented, the same shall be a law; 
tmless the general assembly shall by their adjournment render a re- 
turn of the said bill in ten days impracticable; in which case the 
said bill shall be returned on the first day of the meeting of the 
general assembly, after the expiration of the said ten days, or 
be a law. 

Sec. 20. The governor shall nominate, and by and with the ad- 
vice and consent of the senate appoint a secretary of state, who 
^hall keep a fair register of the official acts of the governor, and 
when required, shall lay the same and all papers, minutes and vouch- 
ers, relative thereto, before either branch of the general assembly, 
and shall perform such other duties as shall be assigned him by law. 

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

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



42 STATE CONSTITUTION. 

ARTICLE IV. 

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

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

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

Sec. 4. The justices of the supreme court and the judges of the 
inferior courts shall be appointed by joint ballot of both branches 
of the general assembly, and commissioned by the governor, and 
shall hold their offices during good behavior until the end of the 
first session of the general assembly, which shall be begun and held 
after the first day of January, in the year of our Lord one thousand 
eight hundred and twenty-four, at which time their commissions 
shall expire: and until the expiration of which time, the said justi- 
ces, respectively, shall hold circuit courts in the several counties, in 
such manner and at such times, and shall have and exercise such 
jurisdiction as the general assembly shall by law prescribe. But 
ever after the aforesaid period, the justices of the supreme court 
shall be commissioned during good behavior, and the justices thereof 
shall not hold circuit courts unless required by law. 

Sec. 5. The judges of the inferior courts shall hold their ofl5ces 
during good behavior, but for any reasonable cause which shall not 
be sufticient ground for impeachment, both the judges of the supreme 
and inferior courts shall be removed from office on the address of 
two-thirds of each branch of the general assembly: Provided always^ 
That no member of either house of the general assembly, nor any 
person connected with a member by consanguinity, or affinity, shall 
be appointed to fill the vacancy occasioned by such removal. The 
said justices of the supreme court, during their temporary appoint- 
ments, shall receive an annual salary of one thousand dollars, paya- 
ble quarter yearly out of the public treasury. The judges of the 
infeiior courts, and the justices of the supreme court who may be 
appointed after the end of the first session of the general assembly, 
which shall be begun and held after the first day of January, in the 
year of our Lord one thousand eight hundred and twenty- four, shall 
have adequate and compet'^.nt salaries, which shall not be diminished 
during their continuance in office. 

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

Sec. 7. All process, writs and other proceedings shall run in the 



. STATE CONSTITUTION. 4^- 

name of Hhe people of the state of Illinois,^'' All prosecutions shall be 
carried on 'Hn the name and by the authority of the people of the state of 
Illinois,'^^ and conclude ''against the peace and dignity of the same,'''' 

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

ARTICLE V. 

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

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

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

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

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

Sec 6. The militia shall, in all cases, except treason, felony, or 
breach of the peace, be privileged from arrest during their attend- 
ance at musters and elections of oflicers, and in going to and return- 
ing from the same. 

ARTICLE VI. 

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



44 STATE CONSTITUTION. 

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

Sec 3. Each and every person who has been bound to service by 
contract or indenture in virtue of the laws of the Ilhnois territory 
heretofore existing, and in conformity to the provisions of the samcy 
without fraud or collusion, shall be held to a specific performance of 
their contracts or indentures; and such negroes and mulattoes as 
have been registered in conformity with the aforesaid laws shaH 
serve out the time appointed by said laws: provided however, that 
the children hereafter born of such persons, negroes or mulattoes, 
shail become free, the males at the age of twenty-one years, the fe- 
males at the age of eighteen years. Each and every child born of 
Indentured parents, shall be entered with the clerk of the county 
in which they reside by their owners, within six months after the 
birth of said child. 

ARTICLE VII. 

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

ARTICLE VIII. 

That the general, great and essential principles of liberty and 
free government may be recognized and unalterably established,. 
we declare. 

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

Sec. 2. That all power is inherent in the people, and all free 



STATE CONSTITUTION. 45 

governments are founded on their authority and instituted for their 
peace, safety, and happiness. 

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

Sec. 4. That no religious test shall ever be required as a qualifi- 
cation to any office or public trust under this state* 

Sec. 5. That elections shall be free and equal. 

Sec. 6. That the right of the trial by jury shaM remain inviolate. 

Sec. 7. That the people shall be secure in their persons, houses, 
papers, and possessions from unreasonable searches and seizures ; and 
that general warrants whereby an officer may be commanded ta 
search suspected places without e\adence of the fact committed, or 
to seize any person or persons not named, whose offences are not 
particularly^ described and supported by evidence, are dangerous to 
liberty, and ought not to be granted. 

Sec. 8. That no freeman shall be imprisoned or disseized of his 
freehold, liberties or privileges, or outlawed or exiled, or in any man- 
ner deprived of his life, liberty or property, but by the judgment 
of his peers or the law of the land. And all lands which have 
been granted as a common to the inhabitants of any town, hamlet, 
village or corporation, by any person, body politic or corporate, or 
by any government having power to make such grant, shall forever 
remain common to the inhabitants of such town, hamlet, village or 
corporation: and the said commons shall not be leased, sold or divi- 
ded under any pretence whatever: Provided however, that nothing 
in this section shall be so construed as to affect the commons of Ca- 
hokia or Prairie du Pont: Provided also, that the general assembly 
shall have power and authority to grant the same privileges to the 
inhabitants of the said villages of Cahokia and Prairie du Pont as 
are hereby granted to the inhabitants of other towns, hamlets, and 
villages. 

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

&EC. 10. That no person shall, for any indictable offence, be pro- 
ceeded against criminally by information, except in cases arising 
in the land or naval forces, or the militia when in actual service,, ia 



46 STATE CONSTITUTION. 

time of war or public danger, by leave of the courts, for oppression 
-■or misdemeaner in office. 

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

Sec. 12. Every person within this state ought to find a certain 
remedy in the laws, for all injuries or wrongs which he may receive 
in his person, property or character; he ought to obtain right and 
justice freely, and without being obliged to purchase it, completely 
and without de^iial, promptly and without delay, conformably to 
the laws. 

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

Sec. 14. All penalties shall be proportioned to the nature of the 
offence, the true design of all punishment being to reform, not to 
exterminate mankind. 

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

Sec. 16. No ex post facto law', nor any law impairing the validity 
of contracts shall ever be made; and no conviction shall work cor- 
ruption of blood or forfeiture of estate. 

Sec. 17. That no person shall be liable to be transported out of 
this state for any offence committed within the same. 

Sec. 18. That a frequent recurrence of the fundamental princi- 
ples of civil government is absolutely necessary to preserve the bles- 
sings of liberty. 

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

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

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

Sec. 22. The printing presses shall be free to every person who 
undertakes to examine the proceedings of the general assembly or 
of any branch of government; and no law shall ever be made to 
restrain the right thereof. The free communication of thoughts and 



STATE CONSTITUTION. 47 

opinions is one of the invaluable riglits of man, and every citizen 
may freely speaif, write, and print on any subject, being responsible 
for the abuse of that liberty. 

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



SCHEDULK 

Sec. 1. That no inconveniences may ari^e from the change of a 
territorial to a permanent state government, it is declared by the 
convention, that all rights, suits, actions, prosecutions, claims, and 
contracts, both as it respects individuals and bodies corporate, shall 
continue as if no change had taken place in this government in vlr- 
iae of the laws now in force. 

Sec. 2. All lines, penalties, and forfeitures due and owing to the 
territory of Illinois shall enure to the use of the state. All bonds 
executed to the governor, or to any other officer in his official capa- 
city in the territory, shall pass over to the governor or to the officers 
of the state, and their successors in office, for the use of the statt^, 
by him or by them to be respectively assigned over to the use of 
those concerned, as the case may be. 

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

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

Sec. 5. The governor, secretary, and judges, and all other officers 
imder the territorial government shall continue in the exercise of 
the duties of their respective departments until the said officers are 
superceded under the authority of this constitution. 

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

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



^^ statp: constitution, 

Si:c. 8. Until the first census shall be taken as directed by lhif» 
< «'nstitution, the coiintv of jMadison shall be entitled to one senator 
:aid three representatives; the county of St. Clair, to one senator 
and throe representatives; the county of Bond, to one senator and 
one representative; the county of Washington, to one senator and 
one representative; the county of Monroe, to one senator and one 
representative; the county of Randolph, to one senator and two rep- 
resentatives; the county of Jackson, to one senator and one repre- 
-eutative; the connties of Johnson and Franklin to form one senato- 
j ial district, and to be entitled to one senator, and each county to 
one representative; the county of Union, to one senator and two 
r«'prosentatives; the county of Pope, to one senator and two repre- 
sentatives; tlie county of Gallatin, to one senator and three repre- 
sentatives; the county of White, to one senator and three represen- 
tatives; the county of Edwards, to one senator and two representa- 
lives; and the county of Crawford, to one senator and two repre- 
>cntativcs. 

Sec. 9. The president of the convention shall issue writs of elec- 
lion, directed to the several sherilfs of the several counties, or in case 
of the absence or disabihtyof any sheriti; then to the deputy sheriff, 
and in case of the absence or disability of the deputy sheriff, then 
such writ to be directed to the coroner, requiring them to cause an 
I- lection to be held for governor, lieutenant-governor, representative 
to the present congress of the United States, and members to the 
j^onernl assembly, and sherilfs and coroners, in the respective coun- 
ties; such election to commence on the third Thursday of September 
next, and to continue for that and the two succeeding days; and 
which election shall be conducted in the manner prescribed by the 
existing election laws of the Illinois territory; and the said gover- 
nor, Hcutenant-governor, members of the general assembly, sheriffs 
and (Coroners, then duly elected, shall continue to exercise the duties 
of their respective offices for the time prescribed by this constitution, 
and unt^l tlieir successor or successors are qualified, and no longer. 

Sec. 10. An auditor of public accounts, an attorney general, and 
such other officers for the state as may be necessary, may be appoint- 
t'd by the general assembly; whose duties may be regulated bylaw. 

Sfa\ 11. It shall be the duty of tlie general assembly to enact 
such laws as may be necessary and proper to prevent the practice of 
duelling. 

Skc. V2. Ail white male inhabitants above the age of twent}--onc 
years, ^^ho shall be actual residents of this state, at tlie signing of 
this constitution, shall have a right to a vote at the election to be held 
on the third Thursday and the two following days of September next. 

Si-x:. 13. The seat of government for the state shall be at Kaskas- 
kia until the general assembly shall otherwise provide. The general 
assembly, at tlieir first session holden under the authority of this con- 
stitution, shall petition the congress of the United States, to grant t4> 
■this state a quantity of land, to consist of not more than four, nor lesi 



STATE CONSTITUTION. i\i 

than one section, or to give to this state the right of pre-emption in 
the purchase of the said quantity of land. Tiie said land to be situ- 
ate on the Kaskaskia river, and as near as may be, east of the third 
principal meridian on said river. Should the prayer of such petition 
be granted, the general assembly, at their next session thereafter, 
shall provide for the appointment of five commissioners to make tiio 
selection of said land so granted; and shall further provide for layirirr 
out a town upon the land so selected; w^hich town, so laid out, shall 
be the seat of government of this state for the term of twenty year-. 
Should, however, the prayer of said petition not be granted, tlie 
general assembly shall have power to make such provisions for a 
permanent seat of government as may be necessary, and shall fix 
the same where they may think best. 

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

Done in convention, at Kaskaskia, the twenty-sixth day of Augui-t. 
in the year of our Lord one thousand eight hundred and eighteen, 
and of the independence of the United States of America, the 
forty-third. 

In testimony whereof, we have hereunto subscribed our name^. 

JESSE B. THOMAS, President of the convention and reprcb-cnla- 
iive from the county of St, Clair, 

John Messinger, 1 q. r>i - 

-r T ^ ' } ot, Umr county* 

James Lemen, jr. ) ^ 

EUas Ke^n'tKane, \ ^'""^"'P'' "^"'V- 

B. Stephenson, ) 

Joseph Borough, > Madison county. 

Abraham Prickett,3 

Michael Jones, ^ 

Leonard White, v Gallatin county. 

Adolphus Frederick Hubbard,) 

Hezekiah West, ) r 7 

William M'Fatridge,^ ^^^"^^^ ''''''^^' 

SethGard, ) r.7 . 

Levi Compton, I Edwards county. 

Willis Harerave, ) „ri •. 
William M'Henry, I ^ ^'^' '^^"^'^• 
Caldwell Cams, > ,, 
Enoch Moore, \ •^^^'^^^^ ^^^^^^^• 
Samuel Omelvenv, > ^ 

Hamlet Ferguson, \ ^'^' '^''^^• 

Conrad Will, > , , 

James Hall, jr.^ Jackson county. 



50 ORDINANCE. 

Joseph Kitcheli, > 

IM. N. CuUom, \ Crawford counts/. 

Thos. Kirkpatrick, > _, , 

Samuel G. Morse/ ) ^^"^ ^^"^^3/- 

Yvilliam Echols, } tt ■ 

T 1 -t^n -i. 1 > (jfiion county, 

John Vvhiteaker, 5 ^ 

Andrew Bankson, Washington county, 

Isham Harrison, ) r- ? /• 

Thomas Roberts,^ '^'•''"*'"' "«"'y- 

ATTEST, 

WM. C. GREENUP, 

Secretary to the Convention, 



AN ORDINANCE. 

Whereas, the congress of the United States, in the act entitled 
'•An act to enable the people of the Illinois territory to form a con- 
stitution and state government, and for the admission of such state 
into the Union on an equal footing with the original states, passed 
the 18th of April, 1818," have offered to this convention for their 
free acceptance or rejection, the following propositions, which, if 
accepted hj the convention are to be obligatory upon the United 
v^^tates, viz : 

1st. That section numbered sixteen in every township, and when 
such section has been sold, or otherwise disposed of, other lands 
equivalent thereto, and as contiguous a? may be, shall be granted to 
i]\<^ state for the use of the inhabitants of such township for the use 
of schools. 

5d. That all salt springs within such state, and the lands reserved 
for the use of the same shall be granted to the said state for the use 
of the said state, and the same to be used under such terms and con- 
ditions and regulations as the legislature of said state shall direct; 
provided the legislature shall never sell nor lease the same for a Ion- 
iser period tlian ten years at any one time. 

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



ORDINANCE. 51 

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

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

Therefore, this convention, on behalf of, and by the authority of 
the people oi the state, do accept of the foregoing propositions; and 
do further ordain and declare, that every and each tract of land sold 
by the United States, from and after the first day of January, 1819, 
shall remain exempt from any tax laid by order, or under any au- 
thority of the state, whether for state, county or township, or any 
purpose whatever, for the term of five years from and after the^day 
of sale. And that the bounty lands granted, or hereafter to be 
granted, for military services during the late war, shall, while they 
continue to be held by the patentees or their heirs, remain exempt, 
as aforesaid, from all taxes for the term of three years from and after 
the date of the patents respectively; and that all the lands belonging 
to the citizens of the United States, residing without the said state", 
shall never be taxed higher than lands belonging to persons residing 
therein. And this convention do further ordain and declare, that 
the foregoing ordinance shall not be revoked without the consent of 
the United States, 

Done in convention at Kaskaskia, the twenty-sixth day of August, 
in the year of our Lord one thousand eight hundred and eigh- 
teen, and of the independence of the United States of America, 
the forty-third. 

JESSE B. THOMAS, 
Prcsicleni of the Convention. 

ATTEST, 

WM. C. GREENUP, 

Secretary th the OmvcntiGn. 

6^ 



52 ORDINANCE: 



AN ORDINANCE 



For the government of the territory of the United States north-west of the 

river Ohio, 

Be it ordained by the United States in congress assembled, That 
the said territory, for the purposes of temporary government, be one 
district; subject, however, to be divided into two districts, as future 
circumstances may, in the opinionof congress, rriake it expedient. 

Be it ordained by the authority aforesaid. That the estates both of 
resident and non-resident proprietors in the said' territory, dying in- 
testate, shall descend to, and be distributed among their children,, 
and the descendants of a deceased child, in eqUal parts, the descen- 
dants of a deceased child or grand child to take the share of their 
dieceased parent in equal parts among them: and where there shall 
be no children or descendants, then in equal parts to the next of kin, 
in equal degree J and among collaterals, the children of a deceased 
brother or sister of the intestate shall have, in equal parts among:, 
them, their deceased parent's share; and there shall, in no case, be 
a distinction between kindred of the whole and half blood; saving 
in all cases to the widow of the intestate, her third part of the real 
estate for life, and one third part of the personal estate; and this 
law relative to descents and dower, shall remain in full force untiL 
altered by the legislature of the district. And until the governor 
and judges shall adopt laws as hereinafter mentioned, estates in the 
said territory may be devised or bequeathed by wills in writing, 
signed and sealed by him or her, in whom the estate may be, (being 
of full age,) and attested by three witnesses; and real estates may 
be conveyed by lease and release, or bargain and sale, signed, sealed 
and delivered, by the- person, being of full, age, in whom the estate 
may be, and attested by two witnesses, provided such wills be duly 
proved, and such conveyances be acknowledged, or the execution 
thereof duly proved, and be recorded within one year after proper 
magistrates, courts, and registers, shall be appointed for that purpose: 




ei 

the 

have heretofore professed themselves citizens of Virginia, their laws 

and customs now in force among them, relative to the descent and 

conveyance of property.. 

Be it ordained by the authority aforesaid, That there shall be ap- 
pointed, from time to time, by congress, a governor, whose commis- 
sion shall continue in force for the term of three years, unless sooner 
revoked by congress: he shall reside in the district, and have a free- 
hold estate therein, in one thousand acres of land, while in the exer- 
cise of his office. 
' There shall be appointed, from time to time, by congress, a secrc- 



6RDINANCE, 63 

tarj, whose commission shall continue in force for four years, unless 
sooner revoked; he shall reside in the district, and have a freehold 
estate therein, in five hundred acres of land, while in the exercise of 
his office; it shall be his duty to keep and preserve the acts and laws 
passed by the legislature, and the public records of the district, and 
the proceedings of the governor in his executive department; and 
transmit authentic copies of such acts and proceedings, every six 
months, to the secretary of congress; There shall also be appointed 
a court, to consist of three judges, any two of whom to form a court, 
who shall have a common law jurisdiction, and reside in the districts 
and have each therein a freehold estate, in five hundred acres of 
land, while in the exercise of their offices; and their commissions 
shall continue in force during good behavior. 

The governor and judges, or a majority of them, shall adopt and 
publish in the district, such laws of the original states, criminal and 
civil, as may be necessary, and best suited to the circumstances of 
the district, and report them to congress, from time to time; which 
laws shall be in force in the district until the organization of the ge- 
neral assembly therein, unless disapproved of by congress; but after- 
wards the legislature shall have authority to alter them as they shall 
think fit. 

The governor for the time being, shall be commander in chief of 
the militia, appoint and commission all ofiicers in the same, below 
the rank of general officers; all general officers shall be appointed 
and commissioned by congress. 

Previous to the organization of the general assembly, the gover- 
nor shall appoint such magistrates and other civil officers, in each 
county or township, as he shall find necessary for the preservation of 
the peace and good order in the same. After the general assembly 
shall be organized, the powers and duties of magistrates and other 
civil officers shall be regulated and defined by the said assembly; but 
all magistrates and other civil officers, not herein otherwise direct- 
ed, shall, during the continuance of this temporary government, be 
appointed by the governor. 

For the prevention of crimes and injuries, the laws to be adopted 
or made shall have force in all parts of the district, and for the exe-- 
cution of process, criminal and civil, the governor shall make proper 
divisions thereof; and he shall proceed from time to time, as circum- 
stances may require, to lay out the parts of the district in which the 
Indian titles shall have been extinguished, into counties and town- 
ships, subject, however, to such alterations as may thereafter be made 
by the legislature. 

So soon as there shall be five thousand free male irdiabitants, of 
full age, in the district, upon giving proof thereof to the governor, 
they shall receive authority, with time and place, to elect representa- 
tives-from their counties or townships, to represent them, in the ge- 
neral; assembly; provided that, for every five hundred fi^e male in- 
habitants, there shall be one representative, and soon, progfessively,. 



SI ORDINANCE. 

tvith the number of free male inhabitants, shall the right of repre- 
s^^ntation increase, until the number of representatives shall amount 
to twcnty-tivo; after which the number and proportion of representa- 
tives shall be regulated by the legislature; provided, that no person 
be eligible or qualified to act as a representative, unless he shall 
have been a citizen of one of the United States three years, and be 
a resident in the district, or unless he shall have resided in the dis- 
trict thret.^ years; and in either case, shall likewise hold in his own 
right, in fee simple, two hundred acres of land within the same; pro- 
vided also, tliat a freehold in fifty acres of land in the district, ha^ 
ving been n citizen of one of tlie states, and being resident in the 
district, or the like freehold and two years residence in the district, 
ahall bo necessary to qualify a man as an elector of a representative* 

The representatives thus elected, shall ser^'e for tlie term of two 
vears; and in case of the death of a representative, or removal from 
othce, the governor shall issue a writ to the county or township, for 
which he was a member, to elect another in his stead, to serve for the 
residue of tlie term. 

The general assembly, or legislature, shall consist of the governor, 
legislative council, and a house of representatives. The legislative 
council shall consist of tive members, to continue in office live years, 
unless sooner removed by congress ; any three of whom to be a quo- 
rum; and the members of the council shall be nominated and ap- 
pointed in the following manner, to wit: As soon as representatives 
shall be elected, the governor shall appoint a time and place for 
them to meet together, and when met, they shall nominate ten per- 
sons, residents in the district, and each possessed of a freehold in tive 
hundred acres of land, and return their names to congress; five of 
whom congress shall appoint and commission to ser\'e as aforesaid: 
and whenever a vacancy shall happen in the council, by death or 
removal tVom othce, the house of representatives shall nominate two 
persons, qualified as aforesaid, for each vacancy, and return their 
names to congress; one of whom congress shall appoint and com- 
mission for the residue of the term: and every tive yeacs, four months 
at least before the expiration of the time of service of the members 
of council, the said house shall nominate ten persons, qualitied as 
aibresaid, and return their names to congress; tive of whom congress 
shall appoint and commission to sen^e as members of the council 
tive years, unless sooner removed. And the governor, legislative 
council, and house of representatives, shall have authority to make 
laws, in all cases, for the good government of the district, not repug- 
nant to tlie principles and articles in this ordinance established ami 
declared. And all bills, having passed by a majority in the house, 
and by a majority in the council, shall be referred to the governor 
for his assent; but no bill or legislative act whatever, shall be of any 
force witliout his assent. The governor shall have power to coi>- 
Tene, prorogue, and dissolve, the general assembly, when in his opin- 
ion it shall be expedients 



ORDINANCE. 55 

Tlxi governor, judges, legislative council, secretary, and such 
other officers as congress shall appoint in the district, shall take an 
oath or affirmation of fidelity, and of office; the governor before the 
president of congress, and all other officers before the governor. As 
soon as the legislature shall be formed in the district, the council 
and house assembled, in one room, shall have authority, by joint bal- 
lot, to elect a delegate to congress, v^ho shall have a seat in congress, 
with a right of debating, but not of voting during this temporary 
government. 

And for extending the fundamental principles of civil and reli- 
gious liberty, which form the basis whereon these republics, their 
laws, and constitutions, are erected; to fix and establish those prin- 
ciples as the basis of all laws, constitutions, and governments, which 
forever hereafter shall be formed in the said territory; to provide, 
also, for the establishment of states, and permanent government 
therein, and for their admission to a share in the federal councils on 
an equal footing with the original states, at as early periods as may 
be consistent with the general interest: 

It is hereby ordained and declared, by the authority aforesaid, 
That the following articles shall be considered as articles of com- 
pact, between the original states and the people and states in the 
fcaid territory, and forever remain unalterable, unless by common 
consent, to wit: 

ARTICLE I. 

No person, demeaning himself in a peaceable and orderly manner, 
shall ever be molested on occount of his mode of worship or religious 
sentiments, in the said territory. 

ARTICLE II. 

The inhabitants of the said territory shall always be entitled to 
the benefits of the writs of habeas corpus, and of the trial by jury; 
of a proportionate representation of the people in the legislature, 
and of judicial proceedings according to the course of the common 
law. All persons shall be bailable, unless for capital offences, where 
the proof shall be evident, or the presumption great. All fines shall 
be moderate; and no cruel or unusual punishments shall be inflicted. 
No man shall be deprived of his liberty or property, but by the 
judgment of his peers, or the law of the land, and should the pubhc 
exigencies make it necessary, for the common preservation, to take 
miy person's property, or to demand his particular services, full com- 
pensation shall be made for the same. And, in the just preserva- 
tion of rights and property, it is understood and declared, that no 
law ought ever to be made, or have force in the said territory, that 
shall, in any manner whatever, interfere with, or affect, private 
contracts or engagements, bona fide, and without fraud previously 
formed. 



50 ORDINANCE. 

ARTICLE TIL 

Religion, morality, and knowledge, being necessary to good gov- 
ernment and the happiness of mankind, schools and the means of 
education shall forever be encouraged. The utmost good faith 
shall always be observed towards the Indians; their lands and pro- 
perty shall never be taken from them without their consent; and in 
their property, rights, and liberty they never shall be invaded or 
disturbed, unless in just and lawful wars authorized by congress; 
but laws founded in justice and humanity shall, from time to time, 
be made, for preventing wrongs being done to them, and for pre- 
serving peace and friendship with them. 

ARTICLE IV. 

The said territory, and the states which may be formed therein, 
ehall forever remain a part of this confederacy of the United States 
of America, subject to the articles of confederation, and to such alte- 
rations therein as shall be constitutionally made; and to all the acts 
and ordinances of the United States in congress assembled, confor- 
mable thereto. The inhabitants and settlers in the said territory 
shall be subject to pay a part of the federal debts, contracted or to 
be contracted, and a proportional part of the expenses of govern- 
ment, to be apportioned on them by congress, according to the same 
common rule apd measure by which apportionments thereof shall 
be made on the other states; and the taxes for paying their propor- 
tion, shall be laid and levied by the authority and direction of the 
legislatures of the district or districts, or new states, as in the origi'- 
nal states, within the time agreed upon by the United States in con- 
gress assembled. The legislatures of those districts, or new slates, 
shall never interfere with the primary disposal of the soil by the Uni- 
ted States in congress assembled, nor with any regulations congress 
may find necessary, for securing the title in such soil, to the bona fide 
purchasers. No tax shall be imposed on lands the property of the 
United States; and in no case shall non-resident proprietors be taxed 
higher than residents; The navigable waters leading into the Mis- 
sissippi and St. Lawrence, and the carrying places between the 
same, shall be common highways, and forever free, as well to the 
inhabitants of the said territory, as to the citizens of the United 
States, and those of any other states that may be admitted into the 
confederacy, without any tax, impost, or duty therefor. 

ARTICLE V. 

There shall be formed in the said territory, not less than three, 
nor more than five states; and the boundaries of the states, as soon 
as Virginia shall alter her act of cession, and consent to the same, 
thail become fixed and established as follows, to wit: the western 



bRDLNANCE. &7 

state in the said territory, shall be bounded by the Mississippi, the 
Ohio, and Wabash rivers; a direct line drawn from the Wabash and 
Post Vincents, due north, to the territorial line between the United 
States and Canada; and by the said territorial line to the lake of the 
Woods and Mississippi. The middle state shall be bounded by the 
said direct line, the Wabash from Post Vincents to the Ohio, by 
the Ohio, by a direct line drawn due north from the mouth of the 
Great Miami to the said territorial line, and by the said territorial 
line. The eastern state shall be bounded by the last mentioned 
direct line, the Ohio, Pennsylvania, and the said territorial line : 
provided however, and it is further understood and declared, that 
the boundaries of these three states shall be subject so far to be alter- 
ed, that, if congress shall hereafter find it expedient, they shall hav€ 
authority to form one or two states in that part of the said ter- 
ritory which lies north of an east and west line drawn through 
the southerly bend or extreme of lake Michigan. And whenever 
any of the said states shall have sixty thousand free inhabitants 
therein, such state shall be admitted, by its delegates, into the con- 
gress of the United States, on an equal footing with the original 
states, in all respects whatever; and shall be at liberty to form a 
permanent constitution and state government: provided the consti- 
tution and government, so to be formed, shall be republican, and in 
conformity to the principles contained in these articles, and, so far 
as it can be consistent with the general interest of the confederacy, 
such admission shall be allowed at an earlier period, and when 
there may be a less number of free inhabitants in the state than 
sixty thousand. 

ARTICLE VL 

There shall be neither slavery nor involuntary servitude in the 
said territory, otherwise than in the punishment of crimes, whereof 
the party shall have been duly convicted: provided always, that any 
person escaping into the same, from whom labor or service is law- 
fully claimed in any one of the original states, such fugitive may be 
lawfully reclaimed, and conveyed to the person claiming his or her 
labor or service as aforesaid. 

Be it ordained by the authority aforesaid. That the resolutions of 
the 23d of April, 1784, relative to the subject of this ordinance, be, 
and the same are hereby repealed, and declared null and void. 

Done, &c. 



STATUTE LAWS 

OF THE STATE OF ILLINOIS, 

REVISED AND PUBLISHED UNDER THE DIHECTION AND AUTIIOPvITY 
OF THE GENERAL ASSEMBLY. 



abate:ment. 



AK ACT r dative fo pleas in abatement, gnd the abatement of In -^orce Dec 
suits by the death of pa'rtie.9. ^"■^' ^'^' 

Section 1. Be it enacted b^ the people of the state of Fill- Fleas in abatr- 
nois. represented in the General Asscr,ibly, That no plea in mentnotreceiv- 
abatement, other than a plea to the jurisdiction ol the^^^j, 
court, or where the truth of such plea appears of record, 
shall be admitted or received, unless the party offering 
the same, tile an affidavit of the truth thereof. And Vv here ^^^^^^ awarded 
a plea in abatement shall, upon argument, be determined on insufficiem 
insufficient, the piaintiif shall recover fall costs, to the pi^^s. 
time of overruling such plea,. 

Sec. 2. When one or more of the parties of a com- Suits against 
pany, or association of individuals, shall be sued, and the companies^not 
person or persons so^sued, shall plead in abatement, ^lat J°^^^^^^'j^^^^^.^"[;J" 
all the parties are not joined in the suit, such suit, for with issued 
that cause, shall not abate, if the plaintiff or plaintiffs, against those 
forthwith sue out a summons against the other pariners "^' ]'^^'^^"- 
named in the plea of abatement, and on the return of the 
summons, may insert in the declaration, the names of the 
other partners named in such plea, and proceed in all 
respects thereafter, as though such other partners named 
in said plea had been included in the original suit. And if parties ean- 
if such partners named in said plea, cannot be found, the^^'^^ t)e found it 
plaintiff or plaintiffs, upon the return of the said sum- ^^y^!*^^ /"-est- 
mons, may suggest in his declaration the names of those 
not found, and proceed as in other cases where service 
is only made on part of the defendants. And no other .^° j^^J^^^ p'^^ 
plea in abatement for non-joinder of defendants shall be allowed. 
allowed in the case. 

Sec. 3. No action commenced by a single woman, who g ^. 
intermarries during the pendency thereof, shall abate on bate by mur- 
account of such marriage: Provided, the husband shall "age. 
7 



^ ABATEMENT. 

Trovifio. appear in court, and cause such marriage to be suggested 

on the record, and the suit may then proceed in the same 
manner as if it had been commenced after such marriage, 
.^uits not to a- Sec. 4. When any action shall be pending in any of the 
pTaintftrrif, &c. ^^"^^s of this state, and the plaintiff, before final judg- 
and executor or inent, sheiU die, the same shall not abate, if it might ori- 
admiuisirator. ginally have been prosecuted by his executor or adminis- 
trator; and in such case the executor or administrator 
i^^rsamT''"^*" ^^^ suggest such death on the record, and enter his, her 
or their names in the suit, and prosecute the same. And 
Same if defen- ^^ *^^ defendant, while the action shall be pending in 
daiit die, if, &c. court, and before final judgment, shall die, the same 
shall not abate, if it might originally have been prosecut- 
ed against the executor or administrator. And the plain- 
If death is sug- ^i^? ^^' ^^^^ cxecutor or administrator, may suggest such 
jested, sum- death on the record, and have a summons against the ex- 
mons may issue ecutor or administrator of such deceased dcfendant,requir- 

ana suit pro- •,! , ti,-t, . ,^,*, 

ceed to final ^^^S ^^^^^ ^^ appear and delend the action. If the said 

judgment. executor or administrator of such deceased defendant,shall 

appear and make him, her or themselves defendants, or 

if they shall not appear and make themselves defendants, 

(euch summons being served on any one of them, ten days 

before the sitting of the court,) the action shall, in either 

case, proceed to final judgment according to law. And 

Suits against wheii a suit shall be commenced against an administra- 

adniinistrators tor, and before final judgment, his letters of administra- 

revoc^'aHoifof^^ tion shall be revoked, and letters of administration be 

letters of ad- granted to another person, such suit shall not abate, but 

nsinistration. the plaintiff shall suggest such fact upon record; and 

after summons shall be served upon the last administra- 

.Summons to be |^.p the suit shall procced to final judgment as in other 

served on last j ^ i • . ^^ o 

administrator, cases Under this act. 

Sue. 5. In any action pending before any court, if 

there be two or more plaintiffs or defendants, and one or 

TbTte'suhsr ^^"^"^ ^^ ^'^^^ "^^^ ^^^''''^ ^''"''^ judgment, if the cause of 



wiiere there are action survive to the surviving plaintiff or plaintiffs, or 

two or more 
plfftj. or defend- 
onic \f c3.vise of 

survive, on the record, the action shall proceed. 



action 



Sec. 6. The third, fourth, and fifth sections of this act 
Writ of error shall be applicable to all appeals and writs of error. 
iiiciuded. gj,c. 7. Tiie act entitled "An act concerning the abate- 

ment of suits by the death of parties," approved February 

'''m ^^^^ "*" ^5 1^1^' ^^ hereby repealed. 

^ ^ * Apphoved, December 30, 1826. 



ACCOUNT. ♦ 61 

ACCOUNT. 

AJV ACT to regulate Actions &f Account. ist^TS?'^"'^ 

Section 1. Be it enacted hy the people of the state of 
Illinois, represented in the General Assembly, That when ^^^^°"^°[g^5;^ 
one or more joint tenants, tenants in common or copar-^Qjo^^^ tenants, 
eeners, in real estate, or any interest therein, shall take, tenants in com- 
use or have the benefit thereof, in greater proportion than '^'^^^^^'■''^^" 
his, her or their interest therein, such person or persons, ^' 
or his.or their executors and administrators, shall be lia- 
ble to render his or their reasonable account to the use q^. j^eir execu- 
and profit of such estate or interest, to his and their co- tors or adminis- 
tenant jointly and severallj'. Actions of account may be tvators. 
brought and maintained, by one joint tenant, tenant in 
common or coparcener, his or her executors or adminis- 
trators against such, or any such co-tenant receiving- 
more than comes to his or her just share or proportion, 
as bailitr or bailiffs, and against his or her executors or 
administrators. 

Sec. 2. Any executor, being a residuary legatee, may Residuary le- 
bring and maintain an action of account against his co-g^t^^"^^y 
executor or executors of the estate of the testator, in ^o^u of accouiit. 
his or their hands; an}^ other residuary legatee shall have 
the like remedy against executors and administrators. 

Sec. 3. Executors and administrators may have and Exrs. &; admr* 
maintain actions of account, in the same mianner as their ^"^y maintain 
testator or intestate might have had and maintained, if ^^5^3"^^.^^^^.^^^/ 
he or she had lived. Such actions may be brought and testate might. 
maintained against the executors or administrators of 
every guardian, bailiff or receiver. 

Sec. 4. When any person is or shall be liable to ac- 
count, as guardian, bailiff or receiver, or otherwise to Persons liable 
another, and will not give an account willingly, and the^° the action 
party to whom such an account ought to be made, shall J^^^j^^^^^^^^JJ^g^'^ 
sue out a writ of account, and the person against whom 
such writ shall be issued, being summoned, does not ap- 
pear at the return of the writ, then the defendant shall 
be attached by his or her body to come and render his 
or her account. 

Sec. 5. Whenever a judgment shall be rendered 
against any defendant, in an action of account, that he 
do account, the court shall appoint not more than five, ^;^^t'V"^'^;j^^, 
nor less than three able, disinterested and judicious men ed auditors tn 
as auditors, to take the account, who shall be sworn faith- ^^ appointed, 
fully and impartially to take and state the account, be- 
tween the parties, and make report to the court; the 



m ADVERTISEJVIEISTS. 

Por/er of audi- auditors, OF a majority of them, shall have power to ap- 
*°*'^' point the time and place for the hearing, and shall give 

Defendants not reasonable notice to the parties: and if the defendant 
appeamig, ^hall neglect or refuse to attend at the time and place 
roum'to'bt^''" appointed and render his account, or appearing shall not 
received. render an account, the auditors shall receive a statement 

of the account from the plaintiff and award to him the 
whole sum he claims to be due. 
If parties ap- Sec. 6. If the parties appear, and produce their books 
pear auditors to and accounts before the said auditors, such auditors, or a 
majority of them, shall proceed to take and state the ac- 
counts, and may take the testimony of witnesses, and 
May examine examine cither or both of the parlies on oath respecting 
witnesses or their accounts; and may administer all necessary oaths 
parties. ^^ witnesses and parties. The auditors shall liquidate 

and adjust the accounts and state the balance and to 
To make re- ^r|^ojjj Juc. They, or a majority of those present, shall 

port, upon 1 11 • 1 

which judg- report to the court by whom they were appointed, at 

mentis to be the next term thereof; and if such report shall be ap- 

rendered with pj.Qyg^i ]->y {[^q court, the court shall render judgment for 

the amount ascertained to be due, with costs; and the 

party in whose favor the report is made, shall pay the 

, . auditors their fees, which shall be taxed as costs. If 

Faity refusing . ,-. j i n r ■ i 

ttj be sworn Cither party shall reluse to be sworn, or answer proper 
may be com- qucstions respecting his account, the auditors may com- 
liiitrei tojau. j^^^^ j-^jj^ to jail, there to remain, until he consent to be 
sworn or answer the interrogatories. 

Sec. 7. Either party may appeal or prosecute a writ 
of error, from the linal judgmexit upon the report of the 
■^ii"^^ d^ ^"°^ auditors, in the same manner, and upon the same condi- 
tions, as provided by lavv^ in other cases. This act to 
take etfect on the first day of June next. 

Approved, Jan. 11th, 1827* 



costs. 



ADVERTISEMENTS. 

In force Dec. ,^J\' ACT Concerning the jmblication of Advcrtiseinents. 
ii8, 1826. 

Sec. 1. Be it enacted by the people of the stale of Illinois, 
represented in the General Assembly^ That when any notice 
or advertisement sliall be required by law, or the order 
rintcr evi- ^^ ^"^ court, to be published in any newspaper, the cer- 
dS^ce orpubii- tiiicate of the printer or pubhsher, v»ith a written or 
cation of advcr-prhited copy of such advertisement annexed, stating the 
iisement. lumiber of papers in which the same shall have been 



('erlificate of 



AMENDMENTS AND JEOFAILS. 63 

published, and the dates of the first and last papers con- 
taining the same, shall be sufficient evidence of the pub- 
lication therein set fortli. 

Sec. 2. When any notice or advertisement shall be Advertise- 
duly pubhshed as aforesaid, relating to any cause or mat-n^^nt tob^^P^H 
ter depending in any court of record, the same shall be j^°J"^,..^gP2i'/ 
paid by the party at whose instance the same shall be same inserted, 
pubhshed ; who may exhibit his account therefor to the 
proper court, which account, or so much thereof as shall ^^^^ tobetaxwt 
be deemed reasonable, may be taxed as costs, or other- as costs, 
wise allowed in the course of the proceeding to which 
such advertisement relates. And when such advertise- 
ment shall be made by any public officer, authorized by Public advt to 
law so to do, the reasonable expense thereof, shall ^^ ^J P^!^'/^'^°|J|_ 
allowed and paid out of the state or county treasury, ^5^^^^^'^^^^^^^^,^""" 
other demands and charges of the like nature. 

Approved, Dec. 28th, 1826. 



AMENDMENTS AND JEOFAILS. 

AN ACT concernins; Amendments and Jeofails, . In force Ht 
^ ^ Jmie, 18:27. 

Sec. 1. Be ii enacted by the people of the state of Illinois'^ 
represented in the General Assembly^ That by the misprision 
of a clerk in any place wheresoever it be, no record or ^^^^^"^'^'^^ ^^ ''^ 
process shall be annulled or discontinued, by mistaking, viuate process 
in writing, one syllable or one letter too much or too oi- record, 
little; but as soon as the thing is perceived, by challenge 
of the party, or in other manner, it shall be immediately 
amended in due form, without giving advantage to t\i^. 
party that challenges the same, because of 5:uch mispri- 
sion; and the court before whom such plea or record is 
made, or shall be depending, as well by adjournment, as 
by way of appeal, or error, er otherwise, shall h?ive 
power and authority, to amend such record and process 
as aforesaid, as well after judgment, in any suit, plea, 
record or process given, as before judgment, as long as 
the same record and process is before them. 

Sec. 2. The court in which any record, process, de- Power of court 
claration, count, plea, warrant of attorney, writ, panneP'J^^''?.^^'^ 
or return is or may be, while the same remains before^'" ' ^^' 
them, shall have power to examine such records, pro- 
cesses, declarations, counts, pleas, warrants of attorney, 
writs, pannels and returns, by them and their clerks, and 
amend (in affirmance of judgments of such records and 
7* 



6i AMENDMENTS AND JEOFAILS. 

processes) all that which, to them in their discretibi?, 
seemeth to be misprision of the clerks therein; so that by 
such misprision of the clerks, no judgment shall be re- 
versed or annulled. And if any record, process, decla- 
ration, count, plea, warrant of attorney, writ, panncl or 
return be certified defective, otherwise than according 
to the vviiting which thereof remaineth in the offices, 
courts or places from whence they are certified, the par- 
ties, in affirmance of the judgments of such records and 
processes, shall have advantage to allege that the same 
writing is variant from the said certificates: and that 
being found and certified, the same variance shall be, by 
the said court, reformed and amended, according to the 
first writing. 
Comtsmay Sec. 3. The courts before whom any misprision or de- 

wncct raispm- fault is, or shall l>e found, in any record or process, which 
ami others!" ^ is,,or hereafter shall be depending before them, as well 
by way of appeal or error, as otherwise, or in the returns 
(the same made or to be made by sherilfs, coroners or 
any other) by misprision of the clerk of any of the said 
courts, or by misprision of the sheriffs, under-sheriffs or 
deputies, coroners or their clerks, or other officers, clerks, 
or other ministers whatsoever, shall have power to amend 
such defaults or misprisions according to tlieir discretion, 
and, by examination thereof by the said courts, to be 
taken when they shalUhink needful; and all such amend- 
ments may be made as well after a judgment given upon 
verdict, confession, nihil elicit, or iion swn informatus, as 
upon matter of la.w pleaded. 

Sec. 4. For errors assigned, or to be assigned in any 
record, process, ^-arrant of attorney, writ,, original or 
judicial, pannel or return, for that in any places of the 
.Tiidu'iiicntsnot game there be erasures or interlineations, or that there 
'■'^^T^ef^ be any addition, subtraction or diminution of words, let- 
ii!tedhKat?ons. tcrs or titles, or parcels of letters, found, in any such re- 
cord, process, warrant of attorney, writ, pannel or return, 
no judgment, or record, or decree, shall bQ reversed or 
annulled. 
.\ewemries of Sec. 5. Rccord and process, real and personal or mix- 
.itik?nottoi.i-ed, whereof judgment or decree shall be given and en* 
'/ci ^^c"^""^ rolled, or things touching such pleas, shall in no wise be 
i.,cx,t'c. j^nicnded or impaired by new entering of the clerks, 
either by the record of tilings ceriined, in no term subT 
sequent to that in which such judgment or decree is or 
shall be given and enrolled. 

Sec. G- If any issue hath been, or shall be tried by 
any court or jury, and be found for either part}*, in any 
court of record, then the court by whom judgment ought 



AMENDMENTS AND JEOFAILS, 66 

to be given, shall; proceedr and give judgment in the After verdict 
same, any mispleading, lack of color, insufficient plead-J^'^^s^-^^^^y^^.^ 
ing or jeofail or any miscontinuance, discontinuance, mis- pleadings or 
conceiving of process, misjoining of the issue, lack of o'^her eiTors iu 
Wcirrant of attorney, or any other default or neghgence P^^^^'""*'' 
of any of the parties, their counselors or attorneys to 
the contrary notwithstanding; and the said judgments 
thereof, so to be had and given, shall stand in full strength 
and force, to all intents and purposes, according to the 
said verdict or finding, without any undoing the same by 
appeal, writ of error or false judgment, in Hke-form as * 

tliough no such default or negligence had ever been had 
or committed. 

Sec. 7. If a verdict of a court or jury shall hereafter After verdict 
be given, for either party in any court of record, thej^idgmentnotto 
judgment thereupon shall not be stayed or reversed by ^f^^®^^^^^^^^°^ 
any default of form, or lack of form in any writ, original &;c. 
or judicial, count, declaration, plaint, bill, suii or demand, 
for want of any writ, or by reason of any imperfect or 
insufficient return of any sheriff or other officer, or for 
want of any vrarrant of attorney, or by reason of any 
manner of default in process, upon, or after any aid- 
prayer or voucher; nor shall any such record or judgment 
after verdict, to be given hereafter, be reversed for any 
of the defects or causes aforesaid. 

Ssa. 8.. If any verdict be rendered by the court or Or for any va-, 
jury, for either party, in any court of record, the judgment ^^^^^^ °^l^l^ 
thereupon shall not ba stayed or reversed by reason of 
any variance in form only, between the original- writ or 
process and the declaration,, petition-, plaint or demand, or 
for lack of an averment of any life or lives of any person 
or persons, so as upon examination, the said person be 
found to be in life, or by reason that any of the persons in 
whose favor the verdict is rendered is an infant and ap- 
peared by attorney. 

Sec. 9, If any verdict shall hereafter be given by a 
court or jury for either- party, in any court of record, 
judgment thereon shall not be stayed or reversed for any 
default in form or lack of form, or by reason that there are 
not pledges or but one pledge to prosecute, returned upon 
the original writ, or because the name of the sheriff is not judi^ments not- 
returned upon tlie original writ or process, or for default to be reversed 

of enterintr piedo-cs upon anv petition, or declaration, or ^^^. ^'^}}^ ^^ ^-^' 
r 1 c ^J^ r 11 • .1 1 *• • -J i T ' 1 tarn allegatious 

lor cieiauit ol aileging the bringing into court, any (jond, 

bill, indenture or other deed or writing mentioned in the 

declaration or other pleading, for default of allegation of 

bringing into court letters testamentary or of administra- 

Uon, or by reason of the omission of the words 'hathfoyc^ 



eet AMENDMENTS AND JEOFAILS. 

nnd afms^'^ or ^'against the •peace^'' or for, or by reason of 
mistaking the christian or surname of the plaintiff or de- 
fendant, demandant or tenant, sum or sums of money, 
day, month or year, by the clerk, in any bill, petition, de- 
laration or pleading, where the right name, surname, 
sum, day, month or year, in any writ, record or proceed- 
ing, or on the same record where the mistake is commit- 
ted, is, or are once truly and rightly alleged, whereunto 
the party might have demurred and shown the same for 
cause, nor for want of the averment or words ''''and this he 
i is ready to verify*^'' or '''and this he is ready to verify by the 

rccord^^ or for not alleging, '''•as appears by the record^'' or 
that there was no right venue, so as the cause was tried 
by a jury of the proper county, or place where the action 
is laid, nor shall any judgment after verdict be reversed, 
for want of entering that the person against whom such 
judgment is given, '•''be in mercy ^"^ or "6e taken^'' or by rea- 
son that the words "6e taken^'' are entered for "6e in 
mcrcy^'' or that the words '•'•be in mercy^''' for '•'•be taken^'' 
nor for that in the judgment "// is granted'"^ are entered 
for '•'it is considered,-^ nor for that the increase of costs, 
after the verdict in any action, are not entered at the 
request of the party for whom judgment is given, nor by 
reason that the costs on any judgment are not entered to 
be by consent of the plaintiff; but all such omission, va- 
riance, defects and all other matters of the like nature, 
not being against the right of the matters of the suit, nor 
whereby the issue or trial is altered, shall be amended by 
the courts, where such judgments are or shall be given, 
or whereunto the record is or shall be removed by ap- 
peal or writ of error. 

Sec. 10. V/here any demurrer shall be joined, and en- 
tered in any action or suit, in any court of record, the 
judges shall proceed and give judgment according as the 
very right of the cause and matter in law shall appear 
unto them, without regarding any imperfection, omission 
or defect for want of form in any writ, return, plaint, dec- 
laration or other pleading, process or course of proceed- 
On demurrers ing whatsoever, except those only which the party de- 
court to decide murring shall specially and particularly set down and 
set fo^thrTh^ express, together with his demurrer, as cause of the same, 
party demur- notwitlistandiug that such imperfection, omission or de- 
rii'i. feet might heretofore have been taken to be matter of 

substance, so as suflicient matter appear on the said plead- 
ings upon which the court may give judgment according 
to the very right of the cause; and therefore no advan- 
tage or exception shall be taken of or for an immaterial 
traverse, of or for default of entering pledge upon any 



AMENDMENTS AND JEOFAILS. ^ 67 

petition or declaration, or for the default of alleging the Certain defects 
bringing into court any bond, bill, indenture or writing ^g^^^eT °^ 
mentioned in the declaration or other pleadings, or of, or 
for the default of alleging the bringing into court of let- 
ters testamentary or of administration, or of, or for the omis- 
sion of the words "with force and arms^''^ and '•'against the 
peace^'' or either of them, or of, or for want of the aver- 
ment or words, '''and this he is ready to verify^^"^ or, '''and 
this he is ready to verify by the record^'' or of, or for not 
alleging ''as appears by the reeord^^ but the court shall give 
judgment according to the very right of the cause as 
aforesaid., without regarding any such imperfection, omis- 
sions and defects, or other matter of like nature, except except specially 
the same diall be specially and particularly set down and ^^^ ^°^*' 
shown for cause of demurrer: and no judgment shall be 
reversed for any such imperfection, omission, defect or 
want of fonn, except such only as are before excepted. 
And after demurrer joined, the court before whom the 2l^^J,e tmend- 
same shall be pending may, from time to time, amend all S^before"judg" 
a-nd every such imperfection, omission, defect and want ment. 
of form as aie before mentioned, other than those only 
which the party demurring shall specially and particu- 
larly set down, together with his demurrer as aforesaid. 

Sec. 11. Every thing herein before contained shall Judgments by 
extend to all judgments which shall be entered upon con- 5^^^"^* °^ ^°''" 

f.:.c-T^« u -1 1- v% L' •/•,•<)• fessionnotto 

lessioix- .Hi Uiiloj cr ''iior. suiii injormatus:^ iv^ any court be reversed for 
of record; and no such judgment shall be reversed; nor defects which 
any judgment upon any writ of enquiry of damages exe- ^^J'"^'^ ^'^^^^ 
cuted thereon shall be stayed or reversed for, or by rea- verdict. 
son of any imperfection, omission, defect, matter or thing 
which would have been aided and cured by this act in 
case a verdict had been given in such action or suit, so 
there be an original writ, duly issued according to law. 

Sec. 12. This act shall extend to all suits in any court ^^"^s of man- 
of record for the recovery of any debt due the state, or ^v^^anto^er?"^ 
any duty or revenue thereto belonging, and also to all braced in this 
writs of mandamus and informations of the nature of (^uo ^^^' 
warranto and proceedings thereon. 

Sec. 13. All ^rits of error, wherein there shall be any 
variance from the original record, or any other defect, Writs of ei-ror 
may and shall be amended, and made agreeable to such ^^^ ^® ^"^^"'^'' 
record by the respective courts where such writs of error 
are or shall be made returnable. 

Sec. M. No part of this act shall extend to any indict- Provisions of 
ment or presentment for any criminal matter or process this act not ex- 
uponthe same; nor to any writ, action, or information J^^^^^ ^'^^1 
upon any popular or penal statute^ nor to. any outlaw, or caSs? 
process thereupon in order thejreunto. 



«8 APPRENTICES. 

Acts repealed. Sec. 15. All acts and parts of acts coming within the 
purview of this act are hereby repealed : Provided^ no de- 
fect in any proceeding heretofore had shall be cured, or 
affected by the repealing clause of this act. This act to 
take effect on the first day of June next. 

Approved, Jan. 11, 1827. 



In force 1st 
June, 1827. 



APPRENTICES. 

AN ACT respecting Apprentices. 



Sec. 1. Be it enacted hy the people of the state of Illinois^ 
Males under ^'cp^^sented in the General Assembly, That if any mate per- 
21, and females son within the age of twenty-one years, or female within 
under 18 may the age of eighteen years, now is, or shall hereafter be 
wiihTek mvn ^^^^^ ^J ^^ indenture of his or her own free will and 
and the consent accord, and by and with the consent of his or her father, 
of their parent or in case of the death of his or her father, with the Con- 
or guardian, g^j^^ ^f j^^g ^j. j^^j. j^other or guardian, to be expressed in 
such indenture, and signified by the signature and seal 
of such parent or guardian affixed to such indenture, and 
not otherwise, to serve as a clerk, apprentice or servant 
in any art or mystery, service, trade, employment, man- 
ual occupation or labor, until he or she arrive, if male, to 
the age of twenty-one, if female to the age of eighteen 
years, as the case may be, or for a shorter term, then the 
Mother the ^^^^ clerk, apprentice or servant so bound as aforesaid, 
guardian of ii- shall serve accordingly. Provided, That in all cases of 
legitimate chil- illegitimate children, the mother, or in case of her death, 
'^®"' the guardian shall be considered the proper person to 

give the consent required in this section, and, provided 
further, that it shall be lawful for any male infant under 
the age of twenty-one years, or any female under the 
io^parerlts'or^ ^S^ ^^ eighteen years, and who shall have no parent or 
guardians may guardian living in this state, or whose parents shall be 
bind themselves dead, by and with the approbation of the judge of pro- 
baaJ,^ofX'°' bate, or of any two justices of the peace of the county 
judge of pro- where such infant shall reside, to bind himself or herself 
bate or two jus- as a clerk,' apprentice or servant as aforesaid, which ap- 
peace°^ ^® probation shall be endorsed on the indenture, and every- 
such indenture shall be vahd and binding; and one copy 
thereof shall be filed in the office of the judge of probate 
for safe keeping. \ 

Sec. 2. When the father is not in legal capacity to 
give the consent aforesaid, or when he shall have wilfully 



APPRENTICES. 69 

abandoned his family for the space of six months without If the father is 
making suitable provision for their support, or has '^^-^^Tmllhe^cmiij 
come an habitual drunkard, the mother shall have the bind the chii- 
same power to give such consent as if the father were <^ren. 
dead; which facts of incapacity, desertion and drunken- 
ness shall be decided and found in the court of probate "^^^ ^^^^ °^^"" 

j|J)V a jury of the vicinage, empannelled for that purpose, tned by a jury. 

^)efore the said indenture shall take effect; and an en- 
dorsement on the said indenture under the seal of the 
court, that the same are approved by the court, shall be 
sufficient evidence of the mother's power to give such 
consent as aforesaid. But if the jury so empannelled as 
aforesaid shall not find the facts charged, to wit: incapa- P^^so as to 
city, desertion or drunkenness, ten thhe person at whose 
instance such proceedings may have been had, shall pay 
all costs attending the same, to be collected by the court 
of probate as costs in other cases. 

Sec. 3. It shall be lawful for any two overseers of the When over- 
poor, in any county of this state, by and with the consent seers of the 
of the judge of probate, or for any two justices of the P°°^ 'h^ia^^"^ 
peace, in any county of this state, to bind out any poor 
child, who is or shall be chargeable to the county, or 
shall beg for alms, or shall be unable by reason of in- 
fancy or inability, to take care of and support himself or 
herself, or whose parents are or shall be chargeable to 
the county, or shall beg for alms, or the child of any 
poor and needy family, when the father is an habitual 
drunkard, or otherwise unable or unwilling to support 
his family, or if there be no father, where the moth- 
er is of bad character, or suffers her children to grow 
up in habits of idleness without any visible means of ob- 
taining an honest livelihood, to be apprentices as afore- 
said, according to their degree and ability, until such 
child, if a male, shall arrive at the age of twenty-one 
years; if a female to the age of eighteen years, and the 
indentures or articles of agreement for binding any such 
infant shall be as effectual to all intents and purposes, as Indentures to 
if such infant had bound himself or herself. One copy ^« ^^^^ i" the 
of such indentures, or articles of agreement, shall be fijed P'°^^*^ ^^^^• 
in the office of the judge of probate for safe keeping. 
And it shall be the duty of the justices of the peace or 
judge of probate, to see that the terms of the said inden- 
tures and contracts be fulfilled, and that such child be 

iXOt ill used. ^ Covenantstobe 

i^BC, 4. In all indentures and contracts hereafter made, inserted in in- 
fer the binding or putting out of any child as a clerk, '^^''^"'^'' 
apprentice or servant, there shall always be inserted 
among other covenants, a clause to the following effect: 



TO 



APPRENTICES. 



"That the master or mistress, to whom such child shall 
he bound as aforesaid, shall cause such child to be taught 
to read and write, and the ground rules of arithmetic ; 
and shall also give unto such apprentice, a new bible, 
and two new suits of clothes, suitable to his or her con- 
dition, at the expiration of his or her term of service:" 
Provided^ however, That when such apprentice is a negro 
or mulatto child, it shall not be necessary ^to insert in 
said indentures, that such negro or mulatto shall be 
taught to write, or the knowledge of arithmetic. 

Sec. 5. The age of any infant who shall be bound to 
serted in inden- serve as a clcrk, apprentice or servant, according to the 
preceding sections, shall be inserted in his or her in- 
dentures. 

Sec. 6. All indentures, covenants, promises, and bar- 
gains, for having, taking or keeping any clerk, appren- 
tice or servant, hereafter to be made or taken, other- 
wise than is limited and prescribed by this act, shall be 
utterly void in law, as against such clerk, apprentice or 
servant. 

Sec. 7. The judge of probate, or any two justices of 
probate or any ^^^ peace, shall at all times receive the complaints of ap- 

twojusucesof i ' , XT- • • 1- i r ^1 

the peace to prcntices, wlio reside withm the jurisdiction oi such 
judge or justices, against their masters or mistresses, 
alleging undeserved, or immoderate correction, unwhole- 
some food, insuflicient allowance of food, raiment or 
lodiring, want of sufficient care or physic in sickness, 



Proviso, as to 
negroes and 
mulattoes. 



'Age to be in- 



Indentures ta- 
ken contrary 
to this law to 
be void. 



The judge of 



receive com- 
plaints of ap- 
prentices, 



And summon 
the master or 
mistress to ap' 
pear before 
them. 



want of instruction in their trade or profession, or the 
violation of any of the agreements or covenants in in- 
dentures of apprenticeship contained, or that he or she 
is in danger of being removed out of the jurisdiction of 
this state; and' shall cause such masters or mistresses to 
be summoned before them, and shall on the return of the 
summons, whether such master or mistress appear or not, 
hear and determine such cases, in a summary way, and 
make such, order thereon, as in the judgment of the 
said judge of probate, or two justices of the peace, will 
relieve the party injured in future; and shall have au- 
thority, if said judge or two justices think proper, to 
discharge such apprentice of and from his or her ap- 
prenticeship or service. And in case any money or 
But if such ap- other thing, shall have been paid, given, or contracted 
prentice was ^j. ^frrecd for bv either party in relation to the said ap- 

bound by the °.,. •'. f,ii i i • 

judge of probate prenticeship or sei-vice, shall make such order concerning 
or justices of the Same, as the said judge or justices of the peace shall 
ma^brt'^^ deem just and reasonable. And if the said apprentice 
bound! ^^' so discharged shall have been bound originally by a 
judge of probate or two justices of the peace, it shall bd 



APPRENTICES. 71 

the duty of the court granting the discharge, again to bind 
him or her, if said court shall judge proper. 

Sec. 8. The said judge of probate, or any two justices Upon o>m- 
of the peace shall, on the complaint of masters or mis-pi«'"to^'"ai'.cr 

\ ■ , . . J-- r 1 ^ or mistress- the 

tresses, issue a warrant against any apprentice lor ueser-j^j^^.^^^^^^j^.^^^ 
lion, without good cause, or for any misdemeanor, mis- or uvo justices 
carriage or ill behavior, and may punish such apprentice of the peace 
or servant according to the nature and aggravation of "^l^^^^^^y'^^^ist 
his or her otFence, by imprisonment not exceeding ten the apiv-cnticc, 
days; and in addition to the above punishment, where the 
olFence shall be desertion without good cause, the court 
may order the said apprentice or servant cjuiity thcr<^of, . , 

1 ,-, 1- 1 ii J. i» j_ J ' Aiicl rnav order 

to make restitution by the payment ot a sum not exceed- i,j,^j ^^ make 
ing eight dollars for each and every month he or she may rosiitation. 
be so absent, to be collected as other debts, after such 
servant or apprentice shall become of full age. The(-o^j5 mav bi» 
awarding of costs on proceedings under this and the pre- aw ardc<i. " 
ceding sections, shall be in the discretion of the court. 
An appeal to the circuit court from any decisions made Appeal aiiewod 
under this or the preceding sections, shall be allowed to ^"^ ^^^^ •^'^■^^^'" 
either party, upon the party appealing, entering into a 
bond, with good and sufficient security, in the penalty of 
one hundred dollars, conditioned to prosecute such ap- 
peal to efFect. and to abide by and perform the decision 
of the circuit court in the premises: which court shall hear 
and decide such appeal, upon the same principles as the 
said judge of probate or justices ought to have heard and 
decided the original complaint. The decision of the cir-Iisjuaginmt fi- 
cuit court shall be linal and conclusive in the premises, "^-• 
and shall not be subject to appeal or Avrit of error. The 
bond above mentioned, shall be entered into before tlie 
clerk of the circuit court, who shall thereupon proceed in 
said appeal as is directed by law, in cases of appeal from 
the decisions of justices of the peace in other cases. 

Sec. 9. Every person who shall counsel, persuade, cn-Ponuity f,u aJ- 
tice, aid or assist any clerk, apprentice or servant, to run^^'^^"S anoren- 
away or absent himself or herself from the service of his l^^;"^!^;^";;; ;;;7-'' 
or her master or mistress, or to rebel against, or assault master, 
his or her master or mistress, shall forfeit and pay. a sum 
not less than twenty, nor more than live hundred dollars, 
to be sued for and recovered by action on the case, with 
costs, by such master or mistress, in any court having ju- 
risdiction thereof. 

8ec. 10. Every person who sliall entertain, liarbor or 
conceal any clerk, apprentice or senant, knowing such 
clerk, apprentice or servant to have run away, or to have 
absented himself or herself from the service of his or her 
master or mistress without leave, shall forfeit and paron;^ 
8 



r^ APPRENTICES- 

frnait) lor har- dollar for cvcrv dav's eHtertainine, harboring or conceal- 
uppniiric^s. ' "IS ^^ aforesaid; to be sued for and recovered bj achou 
of debt with costs, by such master or mistress, in any 
court having jurisdiction thereof. 
Kxrciitor may ^^^' ^^' "^^^^ cxccutor or executors who are, or shall 
bind out in a l>c by (he last Will and testament of a father, directed to 
'.rrtaiii case, brittf^ up his child or children to some trade or calling,jf 
shall have power to bind such child or children, by in- 
denture, in like manner as the father if hving might have 
done, or shall raise such child or children according to 
such directions. 
Nottobciemo- Sec. 12. It shall not be lawful for any master or mis- 
v«tt out of the tress, to remove any clerk, apprentice or servant bound to 
'^■-■'''* him or her as aforesaid cut of this state; and if at any 

time it shall appear to any judge, or justice of the peace, 
upon the oath of any competent person, that any master 
or mistress is about to remove, or cause to be removed, any 
such clerk, apprentice or servant out of this state, it shall 
1)0 lav, fui for such judge or justice, to issue his warrant, 
. and to cause such master or mistress to be brought before 
Towof aadduty liini, and if upon examination, it appear that such appren- 
!^^-''"^^^°.^'"?~tice, clerk or servant, is in daneror of beinjir removed 
c<~ of the peace "Without tne jurisdiction ol this state, the judge orjusuce 
in .^u.h case?, may require the rtiaster or mistress to enter into recogni- 
zance, v.'ith sufficient security, in the sum of one thousand 
dollars, conditioned that such apprentice, clerk or ser- 
vant, shall not be removed without the jurisdiction of this 
state, and that the said master or mistress will appear 
v»jth the apprentice, clerk or ser\'ant before tlie circuii 
court, at the next term thereof, and abide the decision oi' 
the court therein; which recognizance shall be returned 
to the circuit court, and the said court shall proceed 
therein, in a summary manner, and may discharge or 
continue tlie recognizance, or may require a new recog- 
liizance, and otherwise proceed according to lav,- and jus- 
tice. Kut if the m.aster or mistress, when brought before 
any judge or justice, according to the provisions of this 
section, will not enter into a recognizance as aforesaid, if 
required so to do, it shall be lawful for such judge or jus- 
tice to commit the custody of such apprentice, clerk or 
servant to some other proper person, who will enter into 
recognizance as aforesaid. 

Sec. 13. Whenever any master or mistress of any 

MastPj or fiiis- ^i(>f}j^ apprentice or servant, bound by the court as afore- 

r«Xr"'anprcu>aid, shall wish to removo out of this state, or to quit his 

lirr. * or her trade or business, it shall and may be lawlul for 

him or her, to appear with his or her. apprentice, before 

the probate court of the proper county; and such court 



APPRENTICES. 7:; 

•ihali have power if they deem it expedient, to discharge 
such clerk, apprentice or servant from the service of such 
master or mistress, and again bind him or her if necessa- 
ry, to some other person of the same trade, business or 
employment. 

Sec. 14. When any person shall become bound asiJound to tv- 
clerk, apprentice or servant, accordins; to the provisions or'l^o^c^'i"'-'^'^ 

r- J^' ^^ . , , 1 rOt death of oiif. 

of this act, to two or more persons, and one or more oi contractrc- 
them' die before the expiration of the term of service, the mains to an i 
indentures and contracts shall survive to, and against such ag^'»^st?ui-vhor 
survivor or survivors; and in case of the death of all the 
masters or mistresses in any such indenture or contract 
named, before the expiration of the term of service, the 
executors or administrators shall bring the indenture and 
contract, and the clerk, apprentice or servant therein j^^^^ ^^ ^^^,^^_ 
named, before the court of probate of the proper count}", tors,' &c. in such 
and such court shall if necessary", again bind such appren- cases, 
tice, clerk or sen^ant ta some other person. 

Sec. 15. Any clerk, apprentice or serv^ant, bound ac- if appromkc 
cording to the provisions of this act, who shall absent him-ruuawayor ai- 
self or herself from the service of his or her master or ^"^^ ^*^^^^^; 
mistress, without leave first obtained, or who shall run- co%er daimgo^ 
away, so that the master or mistress shall be deprived of after full as-j oi 
his or her service, during the remainder of the term, or ^PP-^^^^^^^- 
any part thereof, for Vt-hich he or she was bound to serve, 
then and in that case, it shall and may be lawful for the 
master or mistress of such clerk, apprentice or servant, to 
have an action on the case, in any court of competent 
jurisdiction against such clerk, apprentice or servant, af- 
ter he or she arrives at full age, for the damage that such 
master or mistress may have sustained, by reason of the 
absence of such clerk, apprentice or servant: Provided^ 
That such action shall be brought within six years, after 
such clerk, apprentice or servant, shall arrive at full age. 

Sec. 16. All acts and parts of acts coming within the 
purview of this act, are liereby repealed: Provided^ That I'ro^i^ 
nothing herein contanied, shall be so construed as to af- 
fect or impair the obligation of any existing indentures 
or contracts whatever. This act to take effect on the first 
day of July next. Apphoved, Dec. 30th, IS'i^O. 



APPROPRIATIONS. 



APPROPRIATIONS. 

In force Dtc. -^ /i/-i»t» 7 • • 7 

20,183;}. ''2-> .6fCi making partial appropnatons* 

Be it enacted by the people of the state of Illinois^ represented 
Appro])nations ^'^ '^*^ General Jhsernblij, That the auditor of pubUc ac- 
10 members and couiits bc, and he is hercbj required, to draw his warrant 
ru^rT^°hr"^"^" the treasury for tlie sum of ore hundred dollars to 
■' each member of this general assembly, and a like war- 
rant to the speaker of each house, the secretary of the 
senate, and clerk of the house of representatives, and 
assistant clerk of each house, to each of the engrossing 
and enrolling clerks, and door-keepers of both houses. 
ArPROVED, December 22, 1832, 



In foirciSl^xch.LX ACT makin/r amropriations for the years 1833 and 

Sec. 1. Bc it enacted hy the people of the state of Illinois j 
represented in the General Assembly, That the sum of ten 
. ^ thousand dollars be, and the same is hereby appropriated 

fund. ^ '^s a contingent fund, to meet the contingent expenses 

for the years 1833 and 1834; the said fund shall be sub- 
ject to the order of the governor, in defraying such ex- 
penses as are unforeseen by the general assembly, or not 
otherwise provided for by law, a statement of which shall 
be laid before the next general assembly of this state bj 
the auditor in his biennial report. 

8ec. 2. The sum of two thousand dollars is hereby 

penscrof pcn^i- ^PP^^P^'^^^^^ ^^ defray the incidental expenses of the 

t^:ntiaiy. penitentiary for the years 1833 and 1834; said fund 

shall be subject to the order of the inspectors of said 

penitentiary, a detailed statement of which shall be laid 

before the next general assembly of this state, shewing 

the manner in which the same may have been expended. 

Sec. 3. There shall be paid to the speaker of the sen- 

!;?;no.'v-^r."r 1 'i^e and house of representatives each, the sum of five 

r»i speakers and ^ , ^ir-i ^ r i\ j. j 

memhevs of dollars per day; to each of the members ol the senate and 

general asscm- housc of representatives, the sum of tliree dollars per 

^^^' day for each day's attendance at the present session, 

and three dollars for each twenty miles necessary travel 

in going to and returning from the seat of government. 

To the secretary of the senate and principal clerk of the 



APPROPRIATIONS. 75 

house of representatives, the sum of five dollars per daj;^ccietaiT at 
to the engrossing and enrolling clerks of each house, the cierks^oTboth 
sum of four dollars per day; to each of the door-keepers, houses, 
three dollars per day; to the assistant clerks of both 
houses, the sum of three dollars and Mty cents per day; 
said compensation, when due the members and officers of 
the senate, shall be certified by the secretary thereof, ex- How to be cr^ 
cept his own, which shall be certified by the speaker; tified. 
and said compensation, when due the members and offi- 
cers of the house of representatives, shall be certified by 
the principal clerk, except his own, which sliall be cer- 
tified by the speaker; which said certificates when so 
made out, shall be a sufficient voucher to the auditor to 
draw his warrant on the treasury for the amount to which 
each person may be entitled as aforesaid, to be paid out 
of any money in the treasury not otherwise appropriated. 

Sec. 4. There shall be paid to Richard M. Young the r. m. Younjj. 
sum of two hundred dollars per annum for the years 
1833 and 1834, in addition to his salary, payable quar- 
terly. To James Black, for stationery, &:c., furnished James Black. 
for the use of the state, the sum of three hundred and 
thirty-one dollars sixty-two cents. To the secretary of Secretan- of 
state for clerk hire for the years 1831 and 1832, the sum^^^^^* 
of two hundred dollars per annum. To Lewis Bigalow Le^^.j^ Bi-^aiow. 
the sum of twenty dollars. To Robert Blackwell five Robert Btack- 
dollars, for one ream of paper furnished. To Alexander ""^^p, 
F. Grant the sum of seventy dollars. To William II. w, ?i. So" n. 
Brown the sum of sixty-five dollars. To R. Goudy a R. Goudy. 
sum sufficient to enable him to purchase materials for 
binding the laws passed at the present session, which 
shall be in part pay for binding the same, to be advanced 
to him on the warrant of the auditor, on his filing in the 
secretary's office a bond, with security, to be approved bv 
the auditor, treasurer, and secretary of state, payable to 
the governor, conditioned that said Goudy shall well and 
truly execute the contract entered into by him, of bind- 
ing the said laws. To William Weatherford, serjeant at ^^- ^^-^ti'^r- 
arms to the senate, thirty dollars, for his services in sub- ^^'^' 
penaing witnesses and other extra services during the sit- 
ting of the senate as a court of impeachment. To Alex- ''^- f'' ^^rant. 
ander F. Grant four dollars per day, as assistant secretary 
of the senate, during the sitting of the senate as a court 
of impeachment; the number of days to be ascertained 
and certified by the speaker thereof. To the secretary of Secretary of >?- 
the senate fifty dollars, for preparing for the press a copy "^^^* 
of the proceedings of the high court of impeachment 
against the hon. T. W. Smith. To Joseph T. Eccles j. t. Ecrlc.. 
thirty-nine dollars, Walter B. Scates twentv-one dollars, 
8* 



76 APPROPRIATIONS. 

w.B.Scatcs. 'W. B.Hadden forty-five dollars, forsemccs rendered by 
den. ' ^ ' ^^^^^^ respectively as assistants to the engrossing and en- 
rolling clerks of the house of represeivtativefi. To Thorn. 
Tii'jinas Ford, as Foid, for services as clei-k to the committee on the judi- 
ciary, one hundred and eighty dollars. That the auditor 
of public accounts be authorized to settle the account of 
Thomas S. Thomas S, Ilinde, for services rendered as commissioner on 
Hmde. the Wabash river; and if the same has not been paid, to 

issue his warrant for any sum due, not exceeding sixty- 
E. W. KeUogg. five dollars.^ There shall be paid to E. W. Kellogg, the 
sherili' of Crawford county, the sum of fourteen dollars 
and twent3'-five cents, for guarding two prisoners, and 
dieting the same after their being sentenced to the peni- 
tentiary of this state, by the presiding judge of the fourth 
Thos. C. Kirk- judicial circuit. To Thomas C. Kirkman for services 
»uan. j^ clerk pro fern, of the house of representatives, five 

dollars, and for attending committee and senate, and 
B. L. W. gwearing in members, twenty dollars. To David !>. W. 
Jones. Jones three dollars per day for forty-five days' services as 

assistant to the engrossing and enrolling clerk of the 
William Hodge senate. To WilHam Ilodge for qualifving members of 
George Leidig. the senate, four dollars. To George Leidig for candles, 
three dollars and seventy-five cents. To John Y. Sawyer 
on . aw-^^^ ^^^.^ days' services as secretary f)ro km, of the senate, 
and one day as secretary to the college of electors, fifteen 
dollars: and for paper furnished the state, tvrenty dollars* 
Greiner&Sher-To Greincr and Sherman for printing for the senate, one 
man. hundred and sixty-one dollars and twenty-five cents. To 

Thos Red- Thomas Redmond for services one day as serjeant-at-arms 
mond. " of the senate, three dollars. To the secretary of state to 
Secretary of pay Levi Davis for copying the laws passed at the present 
*"^^^' session, and preparing an index and marginal notes of the 

same for publication; and Joshua T. Bradley for services 
as clerk in the secretary's oftice, and secretary to the 
council <;f revision, six hundred and eighty dollars. To 
Eman.J.Leigh j^j^^^,j^j J. Leigh seventy-thrce dollars, in full for ser^i- 
„ cos as an assistant serjeant-at-arms to the senate. To Jar- 

Jams Fore- ^^.^ Forehand the sum of fifty dollars. To Greincr 
Gxeiu2r&Shcr-& Shennan for printing for the u?e of tlie state, the 
^^^' ,, ^ sum of two liundred and sixty-one dollars and twenty 
John M.. -^*-^gj^t5^ i^Q j^j^j-j y, Sawyer for printing done for the use 
of the stale, the sum of one hundred and forty-six dollars 
Leidig & Ree- and ninetv-sevcn cents. To Leidig & Reeman, the sum 
Bi^kweu ""^'^ of fourteen dollars and seventy cents. To Robert Rlack- 
Hodg^l: *Phii- well the sum of seventy-five dollai-s. To Ilodge cS.: Phil- 
ips. W.R.Sim- ips the sum of twenty-seven dollars. To W. R. Simmons 
H^!tio Evans *^^ ^^"^ ^^ '^^-^^^' dollars. To Horatio Evans the sum of 
T.^Rcdmond!^* tT\'clv€ dollarE. To Thomas Redmond the sum cf twenty- 



Ai»PROPRIATIONS. 77 

nine dollars. To A. Rosemire the sum of three dollars A. Rosemire. 
and seventj-five cents. To R. Logan the sum of four R- Logan. 
dollars and fifty cents. To Henry Smith the sum of eight Henry Smith. 
dollars. To Peebles, Chase, & Co. the sum of twenty- Peebles, Chase, 
six dollars. To James Hughes the sum of twenty dollars, ^^o. J. Hughs 
To A. P. Field the sum of fifty dollars. To M. Caraham A. P. Field. 
the sum of twenty dollars. To H. Clairage the sum of ^;^j^[^^^^;" j 
twenty dollars. To J. T. Eccles the sum of six dollars, t! EccTes.'' If." 
To Hiram Rountree the sum of eight dollars and twenty- Rountree. Mo- 
five cents. To Moses Philips the sum of eight dollars ^^^^ ^^"'P^^ 
and fifty cents. To E. Capps the sum of five dollars and p, Capps 
forty-four cents. To Thomas Atwater the sum of fourThos.Atwatei. 
dollars and eighty cents. To William Linn the sum of William Linn, 
nineteen dollars and ninety-two cents. To Edward Ha- Edward Haley, 
ley the sum of thirteen dollars. To Harvey Lee the sum Harvey Lee. 
of thirty-five dollars and sixty-eight cents. To R. K. Mc-r. k. Mc- 
Laughlin, assignee of Jesse W. Cooper, the sum of sixLaughiin. 
dollars. 

Sec. 5. The treasurer of state is hereby allowed the sum Treasurer of 
of three hundred dollars per annum for clerk hire for the state. 
years 1831 and 1832: and the sum of two hundred dollars 
shall be paid to John Wash, the principal clerk in said j^j^^^ Wash. 
effice, during said period, in addition to the sum he received 
from the said treasurer. 

Sec. 6. The salary of the state treasurer shall hereaf- p^^uj.g salary 
ter be eight hundred dollars per annum, and no more; and of treasurer. 
in order to make out the books of lands subject to taxation, 
similar to those in the auditor's ofilce, required to be done 
by the act passed at the present session, and in order to 
wind up the affairs of the state bank and branches, and 
discharge the duties of his ofiice generally, he may employ 
for and during the present year, three good clerks; and 
after this year, he shall be entitled to two clerks; and said 
clerks shall receive four hundred dollars each per annum. 
The treasurer shall certify the same to the auditor, stating 
the time the clerk shall have written in his ofiice; and the 
auditor shall issue his warrant on the treasury for the 
amount due. The sum of two hundred dollars per an- 
num shall be allowed to the auditor of public accounts in 
addition to his present salary. 

Sec. 7. Hereafter the secretary of state shall be allow- Salar>^ of secrc- 
ed four hundred dollars per annum, in lieu of all clerk taiy of state, 
hire, to be paid quarterly, which shall be in full of all ser- 
vices to be performed as secretary to the council of revis- 
ion, and for copying laws, (fee. 

Sec. 8. The council of revision shall, or may, at each Council of rc- 
session, employ a secretary to read the bills and make a vision. 
record of the proceedings to the council, who shall con- 



78 ARBITRATIONS AND REFERENCES, 

tinue in office during the session, at which he shall have 
been appointed ; subject, however, to be removed for any 
good cause which said council may adjudge; and before 
entering upon the duties of his office, shall take an oath, 
that he will take special care of the records, bills, and 
documents committed to his care, and truly record the 
proceedings of said council, and dehver the same over to 
the secretary of state; and in all things faithfully and 
impartially discharge the duties of his said office; and 
the council shall, at the end of each session hereafter, 
give a certificate to the person employed, stating the 
number of days said secretary shall have served ; and the 
auditor of public accounts on the production of the cer- 
tificate, shall issue his warrant upon the treasury for the 
amount due, allowing him three dollars per day.. There 

\''^MniTr"^* ^^^^^ ^^ allowed to Peter Smith the sum of twenty-five 
dollars. To Alexander Miller, late cashier of the branch 
bank at Edwardsville, the sum of one hundred and twen- 

Sec.sena^ amity-eight dollars. To the secretary of the senate and 

copy of journals P^^^^^^P^^ ^^^^^ ^^ ^^^ ^^^se of representatives, the sum 
of two hundred and fifty dollars each, for furnishing a co- 
py of the journals for the press. To Robert Goudy the 
sum of five dollars. 
Auditor ^^^* ^' '^^^ auditor is hereby authorized and required 

to draw his warrant on the treasury in favor of the per- 
sons herein named, for the sums attached to their names 
respectively, to be paid out of any money in the treasury 
Shall receive ^^^ otherwise appropriated. The auditor shall hereafter 
12 1-2 cents for be entitled to demand and receive from the person inter- 
rach deed, ested, twelve and half cents for each deed issued by him. 

Approved, March 2, 1833. 



ARBITRATIONS AND REFERENCES. 

In jorce July 1, AN ACT regulating Arbitrations and References. 

Sec. 1. Beit enacted by the people of the state of Illinois y 
represented in the. General Assembly^ That all persons desi- 
:isre^e"lo subJnk ^^"^ '^^ ^^^ ^"3" dispute or controversy by arbitration, for 
to arbitrator?, whicli tlicrc is no Other remedy but by action at law, or 
^^' suit in equity, may agree that their submission to arbitra- 

tion shall be made a rule of the circuit court, and may in- 
g , . . sertsuch their agreement in the submission, or in the con- 
in\vriul?g^^d di^^o" of the bond or promise; which agreement, on pro- 
luie of court . ducing an affidavit of the due execution thereof, and filing 



ARBITRATIONS AND REFERENCES. 79 

it in the court, may be entered of record, and a rule of 
court shall thereupon be made, that the parties shall sub- 
mit to, and be finally concluded by such arbitration; or 
such persons desirous to end any dispute or controversy asOr by personal 
aforesaid, may personally appear before the circuit court, appearance & 
and acknowledge that they have mutually agreed to refer ^"^^JJ'^^'^^^^^^ 
all their matters of difference, or any particular dispute, to 
the arbitrament of certain persons by them agreed on and 
named: on their desiring such submission to be made a 
rule of court, the same may be entered of record, and a 
rule of court shall be made, that the parties shall submit 
to and be finally concluded by such arbitration. In eith- 
er of the above cases, when the award shall be for the 
payment of money only, the same being returned into, and J'^^g'"^"^ o« 
accepted by the court, judgment shall be rendered there- 
on for the party in whose favor the award is made, to re- 
cover the sum awarded, to be paid to him, together with 
the costs of arbitration and the costs of court, and execu- 
tion may issue theieon accordingly. No judgment shall j^^ .^^^ 
be entered on any such award, unless it shall appear to shall be enSred 
the court that a copy of the award and notice to appear unless it appear 
and shew cause why judgment should not be entered on l^e^award^^ "d 
the same, has been previou^y served on the party to be notice to the op- 
cliarged with the judgement, at least four days before the posite party 
motion for judgment s^iall be made: no judgment shall be [:^^[j^^y^^^.^J^^^ 
entered on motion as aforesaid, after one year from the ment . 
time of making the award. 

Sec. 2. When the award shall be for the performance q^ ^ 
of any thing other than the payment of money, the same be enforced"*^ 
being returned into and accepted by the court as afore- 
said, obedience thereto may be enforced in the said court, 
by attachment, in the same manner, as obedience may be 
compelled to any other rule of court. 

Sec. 3. Any arbitration, umpirasre or award, procured a j 

, i« J ^ 1 11 1 • J J ^ • J 1 ^" award or • 

by corruption or undue means, shall be judged void, and umpirage pro- 
may be set aside in law or equity; in equity, by proceed- cured by corrup- 
ings on original bill, and at law, on motion in the court ^°"» ^^''^ ' 
where submission is made a rule of court, or where any suit 
or proceedings shall be instituted on the arbitration bond. Objection to bo 
submission or award. Complaint must be made of such ?^^^® ^^^^^^ 
corruption or undue practice, before final judgment upon^"*^^'^^^" ' 
the said bond, submission or award. 

Sec. 4. When any personal action shall be pending in 
the circuit court, and the parties desire to refer the same, Ho^' actions 
it may be done by a rule of the court, the report of the Pf^^^"! ""^^ ^ 
referees being approved by the court, and entered of re- 
cord, shall have the same effect as the verdict of a jury, 
and the Hke judgment shall be entered upon it as if the 



no ARBH'RATIONS AND REFERENCES. 

same finding had been by a jury; the costs of the reference- 
shall be taxed with the other costs of the suit. 
Process may is- ^Ec. 5. The several clerks of the circuit courts and the 
sac for witiies- justices of the peace in their several counties, may issue 
fore a?i"^l1o^rs* subpenas for the attendance of witnesses before arbitra- 
' tors and referees: If any witness, after being duly sum- 
Pcnaities for "^<^*^^<^9 shall fail to attend, the arbitrators or referees may 
witnesses rcfus- issue an attachment to compel his attendance, and the said 
^- witness shall moreover be liable to the party for refusing 

to attend the same as in trials at law. The arbitrators 
Arbitrators and referees may administer oaths and affirmations to wit- 
may adminisiemesses; may punish contempts committed in their presence 
Sfo'r'c^omempi^"""S the hearing of a cause, the same as a court of re- 
cord ; may continue the hearing of a cause from time to- 
Majr continue time upon good cause shewn, and may admit depositions 
cause. to be read in evidence, the same as in trials at law. 

Sec. 6. Each arbitrator and referee shall before he pro- 
Arbitrators to ceeds to the du.ties of his appointment take an oath or af- 
be sworn. firmation, faithfully and fairly to hear and examine the 
cause in question, and to make a true and just report or 
award, (as the case may be,) according to the best of bin 
skill and understanding; which oath or affirmation, any 
judge or justice of the peace of this state is authorized and 
required to administer. 
'n,v. .«r^^<.„ ^Ec. 7. Each arbitrator and referee shall be allowed for 

J Iwir compen- , i i . /- 1 • • , 

satioii, every day's attendance to the busmess ot ms appointment,. 

one dollar, to be paid in the first instance, by the party in 

whose favor the award or report shall be made, but to be 

recovered of the other party with the other costs of suit, if 

the award or report shall entitle the prevailing party to 

Witnesses, sher recover costs. Witnesses shall receive the same fees for 

iSTs, and other attendance at arbitrations and references, as shall be al- 

fS.'" ''""'''''^ ^^^'^^^ t'^^'^ ^" ^^^^ ^^^^"^^ ^^"^^^- Sheriffs, constables, 
'. " clerks and justices of the peace, shall be entitled to the 

same fees for services performed in relation to any arbi- 
tration or reference, as shall be allowed by law for the like 
services in their respective courts. 

Sec. 8. The act entitled "An act authorizing and regu- 
Fomjcf acts re- latin g arbitrations," approved February 25, 1819, ishere- 
^^^ ' by repealed. 

This act to take effect from the first day of July next. 
A?PRovBD, January 6, 1827. 



ARBITRATIONS AND REFERENCES, 61 



,^j\'' A CT io amend an act^ entitled ''An Act j-egulating arbi- 
trations and references^'' approved January 6, 1827. J"/qq^o ^^^"^** 

Sec. L Be it enacted, by the people of the state of Illinois^ 
represented in t^e General Assembly^ That whenever it shall Co"rt may ap- 
appearin any cause pending in any of the circuit courts J°^3pjj^.^'Jf^^ 
of this state, hj the oath of either party, or otherwise, that of panic?. 
the trial of the same will require the examination of a long 
account on either side, such court may on apphcalion, and 
by and with the consent of both parties, order such cause 
to be referred to three impartial and competent persons. 

8ec. 3. If the parties agree on tiieir persons as referees, when parties 
such persons shall be appointed by the court. If they dis- agree on refer- 
agree, each party shall name one, and the court shall ap-^^^* 
point the persons so nominated, and such other person as 
the court shall designate. 

Sec. 3. The referees appointed in pursuance of the Duty of, 
foregoing provisions, shall proceed with, diligence, to hear 
and determine the matters in controversy. They shall 
appoint a place and time for hearing, and adjourn the 
same from time to time, as may be necessary. And on 
■the application of either party, and for good cause, they 
'may postpone such hearing, to a time not extending be- 
yond the next term of the court in which the said suit is 
pending. 

Sec. 4. Before proceeding to hear any testimony in Shall be swom. 
the cause, the referees shall be sworn, faithfully and fair- 
ly to. hear, examine, and determine the cause, according 
to the principles of equity and justice, and to make a just 
and true report according to the best of their understand- ** 

ing, which oath may be administered by any justice of 
the peace, or clerk of the circuit court, in which the suit 
is pending. 

Sec. 5. Witnesses may be compelled to appear before Maycjompeiat-' 
such referees, by subpenas issuing out of the court, in tendance of wit- 
which the cause is pending, in the same m.annerand with"^'^^^*' 
like effect, as in cases of trials in such court. 

Sec. 6. Any one of the referees may administer ^ae Any of refe^ 
necessary oath to the witnesses produced before them, for f^^"^^y^^''"^^" 
-examination. A majority of the referees may meet to-' 
gether, and hear the proofs and allegations of the parties, 
and a report by any two of such shall be valid. 

Sec. 7. The referees may be compelled by the order of qq^jj.jj^q^. 
the court in which the cause is pending, to proceed to a pel refcrfes to 
hearing thereof, and to make a report of the amount ^ct. 
Ihey find due to either party. 

Sec. 8. An entry of such reference, shall be made on 



82 ATTACHMENTS. 

Keferencc to be the record, and day sliall be given to the parties, frojn 
entered of rec- ^- ^^^^ ^^ time, until the referees report, or they be thereof 
discharged, on fihng such report. Judgment shall be 
entered thereon, in the same manner, and with like ef- 
fect, as upon the verdict of a jury; the cost of reference 
shall be taxed, as other cost of the suit. This act to take 
effect from and after its passage. 

Approved, 1st March, 1833. 



ATTACHMENTS. 



In force June AJ^" ACT conccminp; Attachments, 

2, 1833. * 

Sec. 1. Be it enacted hy the peojyie of the state of Illinois j 
. represented in the General Asembly, That if any creditor 
of"credTtor^a"- ^^ ^^^^ agcnt shall make complaint on oath or affirmation 
tachment may to the clcrk of the circuit court of any county in this 
'-^"^- state, that his or her debtor is about to depart lliis state, 

or has departed from this state, with the intention in ei- 
Natureofcom-|-|^^,j. ^^^^ of havinff his clfects and personal estate reniov- 
■ ' ed without the limits of this state, or stands in defiance 

of any officer, authorized to arrest him or her, on civil 
process, so that the ordinary process of law cannot be 
served on such debtor; and if such creditor or his agent 
shall also make oath or affirmation, that such debtor i4 
indebted to such creditor in a sum exceeding twenty dol- 
lars of lawful money of the United Slates, specifying the 
amount and nature of such indebtedness, it shall be law- 
ful for such creditor to sue or caused to be sued out of 
the office of the said clerk, a writ of attachment, directed 
to the sheriff of the county in which he is clerk, returna- 
Pubstance of ^Ic as otlicr writs are, to the circuit court for said county, 
»ent° *"^*^ " commanding him to attach the said debtor, by all and sin- 
gular his or her lands and tenement*?, goods and chattels, 
rights and credits, moneys and cfTects of what nature 
soever, or so much thereof as will be sufficient to satisfy 
the debt so sworn to, Mith interest and costs of suit, in 
whose soever hands or possession the same may be found 
in his bailiwick. It sliall be lawful for such shcrifl' lo 
Hot,- served, scrvc and Icw such attachment upon the lands and tene- 
ments, goods and chattels, rights and credits, money and 
cflectsof such del}tor, wilhin his bailiwick, whenever the 
same maybe found, or in the hands of any person indebt- 
ed to, or having any cllects of such debtor, and to sun^- 
mon such person as garnishee, to appear at the court x^ 



ATTACHMENTS. ^'^ 

wliich the attachment is returnable, there to answer up- 
on oath or affirmation what amount he or she is indebted 
to the defendant in the attachment, or what effects of such 
defendant, he or she hath in his or her hands, or had or 
was indebted at the time of serving such attachment, and 
what effects or debts of the defendant there are in the 
hands of any other person or persons, to his or her know- 
ledge or behef; which attachment being duly returned 
served, and setting forth in what manner such service has I^etumed. 
been made, and if on a garnishee, the court may there- 
upon compel such garnishee to appear and answer afore- 
said; there shall be allowed to such garnishee, out of the 
effects attached, a reasonable sum for his or her attend- 
ance. 

Sec. 2. When any person who shall be an inhabitant 
of any state, territory, or country, without the limits of ^'J^-'^^'^iderit 
this state, so tli^t he or she cannot be personally served 
with process, shall be indebted to any person a resident 
of this state, and hath any estate, real or personal, within 
the same, any of the said clerks may issue an attachment 
against such estate of such foreign person under the rules, 
restrictions, and regulations in fliis act contained, so far 
as the same shall be applicable. 

Sec. 3. When two or more persons not residing in this^^'^^^" two or 
state, are jointly indebted, either as joint obligors, part- ^^^^^^ a"e%iiit- 
ners or otherwise, then the writ or writs of attachment lyindebteri 
shall and may be issued against the separate and joint 
estate of such debtors or any of them, either hj their 
proper names or by or in the name or style of the part- 
nership, or by whatever other name or names such joint 
debtors shall be generally reputed, known or distinguish- 
ed within this state, or against the heirs, executors or 
administrators of them, or either or any of them; and the 
lands and tenements, goods and chattels, rights, credits, 
and effects of such debtors, or either or any of them, sliall 
be liable to be seized and taken for the satisfaction of 
any just debt or other legal demand, and may be sold to 
satisfy the same. The oath or affirmation of non-resi- 
dence and indebtedness shall be made before, and filed 
with the clerk of the circuit court of the county from 
whence the attachmxcnt issues, and shall also stale the 
residence of the debtors. 

Sec. 4. If the creditor or plaintilT in the attachment Non-rcsideut 
be absent from, or non-resident of this state, it shall and*^"^^'^"^^ 
may be lawful for such creditor, by himself or agent, or 
attorney, to attach the estate and property of his debtor, 
both real and personal, that may be found in this state, 
in any or all of the cases provided for by this act: and 

«7 



64 ATTACHMENTS. 

the oath or affirmation required hj any of the preceding 
sections, may be made by such agent or attorney, and 
the Hke proceedings may be had thereon, as if such oath 
or affirmation had been made by the creditor or plaintiff 
in proper person. 

. ^ ^ , Sec. 5. If any creditor, his, her or their accent, shall 

Attachments -. ,, . • .• r U r ® . .1 • 

may be issued 'i^^^? <^^*" ^'^ ^ justice 01 the pcacc of any county m this 
byjijsticesofthe state, that any person is indebted to such creditor, in a 
peace. gv^v^ jjq^ exceeding fifty dollars, and such debtor so ab- 

sconds or conceals himself or herself, or stands in defi- 
ance of a peace officer, authorized to arrest him or her 
on civil process, so that a warrant cannot be served on 
him or her, such justice shall take bond and security as 
in this act is directed, and grant an attachment against 
so much of the personal estate of such debtor as shall 
be of value sufficient to satisfy the debt and costs of the 
party praying such attachment, directed to any constable 
of his county, and returnable before himself; who shall 
and may proceed thereon in all respects where necessa- 
ry, as upon an attachment returnable to any court of re- 
cord under this act. 
Ocrk before ^EC. 6. Every clerk before granting an attachment as 

granting attach- aforesaid, shall take bond and security from the party for 
ment shall take yrri^om the Same shall be issued, his or her agent or attor- 
ney, payable to the defendant in double the sum for 
which the complaint shall be made, conditioned for sat- 
isfying all costs which may be awarded to such defend- 
ant, in case the plaintiff suing out the attachment there- 
in mentioned shall be cast in the suit; and also all da- 
mages which shall be recovered against the plaintiff for 
wrongfully suing out such attachment; which bond, with 
affidavit or affirmation of the party complaining, his or 
her agent, or attorney, shall be tiled in the office* of the 
clerk granting the attachment. Every attachment is- 
sued without a bond and affidavit taken and returned as 
aforesaid, is hereby declared illegal and void, and shall 
be dismissed. 

Sec. 7. To prevent errors in issuing attachments and 
taking bonds, the attachment and the condition of the 
bond shall be in the form, or to the effect following, viz: 
'•The people of the state of Illinois to the sheriff of 
^.cm ''^""^''^" county, greeting: Whereas, A. B. (or agent or at- 

torney of A. B. as the case may be,) hath complained on 
oath (or affirmation) to clerk of the circuit court of 
county, that C. D. is justly indebted to the said A. 
B. to the amount of and oath (or affirmation) ha- 

ving been also made, that the sr.id C. D. resides out of 
this state, or absconds, or conceals himself or herself, or 



ATTAGHMNETS. 85 

Stands in defiance of a civil officer authorized to arrest 
him or her with civil process, so that the ordinary pro- 
cess of law cannot be served upon him, or is about to de- 
part this state with intention to have his effects and per- 
sonal estate removed without the limits of the same, or ha:; 
left the state with the intention of having his effects and 
personal estate removed therefrom (as the case may be) 
and the said having given bond and security accord- 
ing to the directions of the act in such case made and 
provided: We therefore command you, That you attach 
so much of the estate, real or personal, of the said C. D. 
to be found in your county, as shall be of value sufficient 
to satisfy the said debt and costs according to the com- 
plaint: and such estate so attached in your hands to se- 
cure, or so to provide, that the same may be liable to 
further proceedings thereupon, according to law, at a 
court to be holden at for the county of upon the 
day of next, so as to compel the said C. D. to 
appear and answer the complaint of the said A. B. and 
that you also summon as garnishee, to be and appear 
at the said court on the said day of next, then and 

there to answer to what may be objected against him, 
when and where you shall make known to the said court 
how you have executed this writ, and have you then and 
there this writ. Witness judge of the said court, this 
day of in the year of our Lord," &c. which attach- 
ment shall be signed by the clerk, and the seal of the 
court affixed thereto. 

"The condition of this obligation is such, that whereas Fonn of bond, 
the above bounden hath, on tlie day of the date here- 
of, prayed an attachment at the suit of against the 
estate of the above named the sum of and the 
same being about to be sued out returnable on the 
day of next, to the term of the court then to be hold- 
•en: Now if the said shall prosecute his suit with ef- 
fect, or in case of failure therein shall well and truly pay 
and satisfy the said all such costs in said suit, and 
such damages as shall be awarded against the said 
his heirs, executors or administrators, in any suit or suits 
which may hereafter be brought for wrongfully suing 
out the said attachment, then the above obligation to be 
void, otherwise to remain in full force and effect." No 
attachment shall be abated or dismissed for want of 
form, if the essential matters expressed in the foregoing 
precedents be substantially set forth. 

Sec. 8. Upon the service of eyery writ of attachment, service of at- 
it shall be the duty of the officer serving the same, to tachment. 
take the estate and property so attached into his posses- 



S*5 ATTACHMENTS. 

sion, in whose custody or possession soever the same may 
be, and the estate and property shall remain in the safe 
keeping and care of the said officer, in order to answer 
and abide the judgment of the court, unless tlie person 
or persons in whose possession the same may be found, 
Maybe repicvi- shall enter into bond and security to the officer to be ap- 
^^' proved by such officer, in double the sum for which such 

attachment shall have issued, with condition that the 
said estate and property shall be forthcoming to answer 
the judgment of the court in said suit. 
On defendants ^^^' ^* Upon the defendant or defendants replevying 
replevying, sher any attached effects, by giving bond and security, the 
^ shall return sheriff or officcr shall return such bond to the court, be- 
e property. ^^^ whom the attachment is returnable, on the first day 
of the term thereof. If such bond shall, be forfeited, the 
sheriff may assign such bond to the plaintiff in the at- 
tachment by a writing thereon, under his hand, in the 
presence of two or more credible witnesses, and after 
such assignment the plaintiff may bring a suit in his own 
name thereupon. If the plaintiff will not accept such as- 
signment of such bond, and the court shall adjudge such 
security insufficient, such sheriff shall be subject to the 
same judgment and recovery, and have the same liberty 
of defence as if he had been made defendant in the at- 
tachment, unless good and sufficient security shall be 
given, and bond filed during the term of the court to 
wbich such attachment is returnable, at which term the 
objections to the sufficiency of the security taken, shall 
be made to entitle the party suing out the attachment, 
to proceed against the sheriff; and execution may issue 
thereupon as in other cases of judgment. And whenev- 
er the judgment of the plaintiff, or any part thereof, shall 
be paid or satisfied by any such sheriff, he shall have the 
same remedy against the defendant 'for the amount so 
paid by him, as is now provided by law for bail against 
their principal, where a judgment is paid or satisfied by 
them. He shaJl likewise have the same remedy on a 
bond of a garnishee, which shall be adjudged insufficient, 
as is or may be provided on bonds, or security given for 
the appearance of a defendant in a civil action. 
5?hcriff failing Sec. 10. If the sheriff shall fail to return a bond taken 
to take bond, by virtue of the provisions of this act, or shall have neg- 
lected to take one when he ought to have done so, in 
any attachment issued under any provisions of this act, 
the plaintiff in the attachment may cause a rule to bQ 
entered at any time during the two first days of the term, 
to which the writ is returnable, requiring the said sheriff 
to return the said bond : in case no bond has been taken, to 



ATTACHMENTS. ' 8T 

sLew cause why such bond was not taken. If the said 
sheriff shall not return the said bond within one day 
thereafter, or shew legal and sufficient cause why the 
said bond had not been taken, judgment shall be entered 
up against him for the amount of the plaintiff 's demand, 
with costs of suit; execution may thereupon issue for the 
game, whenever judgment shall have been entered 
against the defendant in the attacliment. 

Sec. 11. When any attachment shall be issued out of When served 
the circuit court and levied or served on a garnishee, it°*'^»^'^^-^^^- 
shall be the duty of the sheriff to return the same if re- 
quired by the plaintiff, and on return thereof, the clerk 
f-hall give notice for four weeks successively in some 
newspaper published in this state most convenient to the ^^''^^^^^^^"" ^® 
place where the court is held, of such attachment, and 
at whose suit, against whose estate, for what sum, and 
before what court the same is pending, and that unless 
tthe defendant shall appear on the return day of such 
Svrit, judgment will be entered, and the estate attached 
ivill be sold: Provided^ that in case of foreign attachment, 
if sixty days shall not intervene between the first inser- 
tion of such notice and the first term of the court, then 
the cause shall be continued until the next term of the 
court. 

Sec. 12. On the return of any writ of attachment Oaretum of ev 
against a defendant, it shall be the duty of the clerk of ^^^f^,^^^^^.^^^|"^"* 
the court in which the suit is pending, to give notice for Ihereof Sail be 
four weeks successively in some newspaper published in made. 
this state, most convenient to the place where the court 
is held, of such attachment, and at whose suit, against 
whose estate, for what sum, and before what court the 
game is pending; and that unless the defendant shall ap- 
pear, give bail, and plead within the time limited for his 
or her appearance in such case, judgment will be enter- 
ed, and the estate so attached will be sold. If the de- jf defendant ap- 
fendant appear, put in sufficient bail, and plead as afore- pear, 
said, his estate so attached shall be liberated, and the 
garnishee or garnishees, if any, discharged. 

Sec. 13. If any attachment as aforesaid shall be re- 
turned executed, and the estate attached shall not be Vv^hen attach- 
replevied, or defence shall not be made as this act di-'^^J^J shaii ba 
rects, the plaintiff shall be entitled to judgment for hisi-.oi^repievied, 
whole debt and costs, having established the existence jud^aieat. 
of such debt, by legal testimony, and may thereupon take 
execution for the same according to law, as pro\dded in 
other cases in debt. All the estate attached and not 
replevied, shall be sold for, and towards satisfving the 
plaintiff's judgment in the same manner as such proper- 
9* 



88 



ATTACHMENTS. 



Estate to be 



Garnishee 
when served 
with attach- 
ment, 

Judgment 
again. 



Failing to ap- 
pear. 



Scire facias 
shall i33ue. 



ty is required to be when taken in execution on a writ 
of fieri facias. Where an attachment shall be returned 
served in the hands of any garnishee, it shall be lawful 
upon his or her appearance and examination in the man- 
ner as is by this act directed, to enter up judgment and 
award execution against every such garnishee, judg- 
ment having been first entered against the original 
debtor, for all sum or sums ol money due from him or 
them, to the defendant in the attachment, or in his, her, 
or their custody, or possession, for the use of such original 
debtor, or so much thereof as shall be of value sufficient 
to satisfy tlie debt and costs of the complaint. All goods 
and effects whatsoever in the hands of any garnishee or 
garnishees belonging to such defendant, shall also be 
liable to satisfy such judgment. 

Sec. 14. Where any garnishee shall be summoned by 
the sheriiT or other officer in the manner aforesaid, 
and shall fail to appear and discover on oath or affirma- 
tion, as by this act is directed, it shall be lawful for the 
court after solemnly calling the garnishee, and such court 
is hereby authorized and required to enter a conditional 
judgment against such garnishee, and thereupon a scire 
facias shall issue against such garnishee, returnable to the 
next term of the court, to shew cause if any he have, 
why final judgment should not be entered against him, 
upon such scire facias being duly executed and returned; 
if such garaishee shall fail to appear, accordingly, and 
discover on oath or affirmation in the manner aforesaid, 
the court shall confirm such judgment, and award execu^ 
tion for the plaintiff's whole judgment and costs, and if 
upon the examination of any garnishee, it shall appear 
to the court, that there is any of the defendant's estate 
in the hands of any person or persons who have not been 
summoned, such court shall, upon motion of the plaintiff, 
grant a judicial attachment, to be levied upon the prop- 
erty in the hands of such person or persons having any 
of the estate of the defendant in his or their possession 
or cu<^.tody, who shall appear and answer, and be liable 
as other garnisliees. Where any garnishee shall deliv- 
er to the sheriff all the goods, chattels, and effects what- 
soever, found or confessed to be in his or her possession 
belonging to the defendant or any part thereof, the same 
shall be received in discharge of so much of the judg- 
ment as the same shall be appraised to by the jury afore- 
said, who shall enquire and return the value thereof, ac- 
cording to the evidence which may be submitted to them 
relative thereto. 

If it shall appear that the debt of any such garnishee 



ATTACHMENTS. •• gft 

to such defendant is not yet due, which fact shall also Where the debt 
appear by the finding of the jury, and the time when it ?^ ^ g^"^^shee 
becomes due, then execution shall be stayed against cution shall b«* 
such garnishee until the same shall become due; nothing stayed, 
in this act shall be construed to authorize a judgment 
to be rendered against, a garnishee, for a debt which 
may be due on a negotiable instrument, unless such debt 
shall be due at the time of rendering the judgment. 

Sec. 15. If any such writ of attachment shall be serv- piain^iff may 
ed as aforesaid, it shall and may be lawful for any such compel the an- 
plaintifTat any time during the return term of the said s«er of gar- 
court, to prepare, exhibit and file, all and singular such ^^ ^^* 
allegations and interrogatories in writing, upon which he 
or she shall be desirous to obtain, and compel the answer 
of any and every garnishee, touching the lands, tene- 
ments, goods, chattels, moneys,' credits and effects of the 
said defendants and the value thereof, in his, her or 
their possession, custody, or charge, or from him, her or 
them, due and owing to the said defendant at the time 
of the service of the said writ, or at any time after, or 
which shall or may thereafter become due; and it shall 
be the duty of each and every such garnishee, to exhibit -^"^^^^^^ 
and file under his oath or aflirmation, on or before th» ^^^ ^^' 
third day of the next succeeding term, full, direct and 
true answers to all and singular the allegations and in- 
terrogatories by the said plaintiff supported, exhibited, 
and filed, in the manner herein before directed and 
described. 

Sec. 16. Whenever the plaintiff, in any attachment 
shall allege, that any garnishee, summoned in such attach- Y^f'^j^^^'t^ 
ment, hath not discovered the true amount of debts due gaLi^ie?ha3 ^ 
from him to the defendant, or what goods and chattels, not made a tru* 
belonging to the defendant, .are in his or her possession, '^^^°^®^' 
the court shall direct, without the formality of pleading, 
a jury to be empannelled immediately, (unless good 
cause be shown by either party for a continuance,) to 
enquire what is the true amount due from such gar- 
nishee to the defendant, and what goods and chattels 
are in his possession, belonging to the defendant. If 
the finding of the jury shall be against such garnishee, 
the court shall grant judgment in the same manner as if 
the facts found by the jury had been confessed by him 
or her, on his or her examination, and costs of inquest; 
and if the jury find in favor of the garnishee he shall, 
recover his costs against the plaintiff. 

Sec 17. Where any witness resides out of the state or,„, 
out of the county in which any attachment may be pend- ding°out of ^ 
ing, and in which the tostimony of such witness may be county orsteite^ . 



90 ATTACHMENTS. 

required, it shall be lawful for either party or garnishee in 
such attachment, on filing interrogatories with the clerk of 
the court from which such attachment has issued, and giv- 
ing ten days notice of the time and place of taking such 
testimony, by serving a copy of such notice on the oppo- 
site party, or if such party shall.be absent from, or reside 
out of the county, then by affixing a notice in writing 
thereof on the door of the court house of such county, at 
least ten days before the day set for the taking thereof, to 
obtain a commission from the clerk of the court to take 
the testimony of such witness or witnesses on such inter- 
rogatories; such examination may be read on the trial 
on motion of either of the parties or garnishee. 

Sec. 18. In all cases of attachment, any person other 
fendauts'ln the than the defendant, claiming the property attached, may 
uttachment, interplead without giving bail, but the property attach- 
JJ\^y^iJ^t«fPj^^^^^ ed, shall not thereby be replevied; and the court shall 
m^ou giving jj^j^(.(]J3^tp]y (unless good cause be shewn by either party 
for a continuance) direct a jury to be empannclled to 
enquire into the right of property; in all cases where the 
jury find for a claimant, such claimant shall be entitled 
to his costs; and where the jury find for the plaintiff in 
the attachment, such plaintiff shall recover his costs 
against such claimant. 
Jui.-mei b ^^^' ^^' I^ jutlgment by default shall be entered on 
defa^iHr." ^ any attachment against the estate of the defendant, in 
any court of this state, no execution shall issue thereon, 
except against the goods and chattels, lands, and tene- 
ments on which the attachment may have been served, 
or against a garnishee or garnishees, who shall have mo- 
ney or other property in his or their hands belonging to 
the defendant; if the defendant shall appear, put in bail, 
and plead to the suit, the judgment rendered therein shall 
liave the same force and effect as if a capias ad responden- 
dum had been served on the person of the defendant. 
Sec. 20. When any goods and chattels shall be levied 
When property Q^ by virtue of any attachment, and the sheriff or other 
thiract'^hau be proper officer, in whose custody such goods and chattels 
of a perishable are, shall be of opinion that the same are of a perishablo 
***^'^'^®' nature, and in danger of immediate waste and decay, 

6uch sheriff or other oflicer as aforesaid, shall summon 
three respectable freeholders of his county, who shall ex- 
amine the goods and chattels so levied on; and if the 
said freeholders shall on oath or affirmation certify that, 
in their opinion, they are of a perishable nature, and in 
danger of immediate waste and decay, and if the person 
or persons to whom such goods and chattels belong, bis, 
her or their agent or attorney, shall not within twenty 



ATTACHMENTS. 91 

days ailer serving such attachment replevy the same, then 
such goods and chattels shall be sold at public vendue by 
the sheriff or other proper officer, he having first adver- 
tised such sale at the court house and two other public 
places in his county, at least ten days before the sale ; the 
money arising from such sale, shall be liable to the judg- 
ment obtained upon such attachment, and deposited in 
the hands of the clerk of the court to which the process 
shall be returnable, there to abide the event of such suit. 

Sec. 21. When any sheriff or other officer shall serve 
an attachment on slaves, or indentured or registered co- attadiecT^^ 
lored servants, or horses, cattle, or live stock, and the 
same shaJl not be immediately replevied or restored to the 
debtor, it shall and may be lawful for such officer, and he 
is hereby required to provide sufficient sustenance for 
the support of such slaves indentured, or registered co- 
lored servants, and live stock, until the same shall be 
sold, or otherwise legally disposed of, or discharged from 
such attachment.. They shall receive therefor a reason- 
able compensation, to be ascertained and determined by 
the court out of which the attachment issued, and the 
same shall be charged in the fee bill of such officer, and 
shall be collectable as part of the costs in the attach? 
ment. 

Sec. 22. No suit or writ of attachment shall abate by Suit shall not 
the death of either party, where the cause of action would abate by the 
survive to the executor or administrator; but such death ^^"^°^ ^^^^^ 
being suggested upon the record, the cause shall proceed 
under the regulation following: "Whenever a plaintiff in 
an attachment shall die, the executor or administrator of 
such plaintiff shall, within three months after the probate 
of the will, and obtaining letters testamentary, or after 
obtaining letters of administration, cause to be issued by 
the clerk of the court in which such attachment is pend- 
ing, a scire facias^ returnable to the next term of the said 
court, giving notice of his intention to become a party in 
the place and stead of the deceased testator or intestate, 
which shall be published at least four weeks successively 
in some newspaper published within this state, previous 
to the commencement of the term of such court, to which 
such scire facias is returnable, proof of which being exhi- 
bited to the court, such executor or administrator may, on 
jnotion, be made plaintiff therein, and the cause thereup- 
on proceed: And where the defendant shall die, a scire 
facias shall issue in manner aforesaid, immediately af» 
ter the expiration of two months; which scire facias shall 
contain a notice to the legal representatives of the de-^ 
fendantj whether executor, administrator,' or heirs, of the 



©2 ATTACHMENTS. 

pendency of such attachment, and of the intention of th^ 
plaintiff to proceed with the same; which being pubUshed 
in Hke manner for four weeks successively before the sit- 
ting of such court, in the case of an absconding or con- 
cealed debtor, or one who was standing in defiance of an 
officer, at the time of suing out such attachment, or one 
who intended to depart or had departed from the state, 
with the intention of removing his elFects and personal es* 
tate beyond the limits of this state; and in the case of a 
non-resident debtor, in some newspaper printed in this 
state, four times before the first day of the term of such 
court, and proof of such publication being exhibited to 
said court to the satisfaction thereof, it shall be lawful for 
the plaintiff to proceed with his attachment, as if such 
death had not taken place. The executor, administra- 
tor, or other legal representative of the defendant, may 
appear at the return of the scire facias^ and upon giving 
bond and security upon the same terms, and for the per- 
formance of the same conditions, that the defendant would 
have been required to give by this act, if Hving, shall be 
permitted to plead, and defend the said attachment in the 
same manner as his testator, intestate or ancestor might 
have done. 
Set off. ^^^' ^^* ^"^ defendant against whom an attachmeat 

may be sued out, under the provisions of this act, or gar- 
nishee may avail himself in his defence of any set-off pro- 
perly pleadable by the laws of this state, notwithstanding 
such set-off may be not due at the time of suing out such 
attachment, or at the trial thereof, any claim due or not 
due, may be set off by the garnishee, whether it exist 
against the plaintiff or defendant in the attachment. 
Sec. 24. In all cases where more than one attachment 
than onratuch ^^^^^ ^^ issued against the same person or persons, and 
ment shall be returned to the same term of the court to which they are 
issued and re- returnable, or where a judgment in a civil action shall 
same term of ^^^^ ^^' rendered at the same term against the defendant, 
court. who is the same person and defendant in the attachment 

or attachments, the court shall direct the clerk to make 
an estimate of the several amounts each attaching or judg- 
ment creditor will be entitled to, out of the property of 
the defendant attached, either in the hands of any gar- 
nishee, or otherwise, after the sale and receipt of the pro- 
ceeds thereof by the sheriff, calculating such amount in 
proportion to the amountof their several judgments, with 
costs, as the same will respectively bear to the amount 
of the sum received, so that each attaching and judgment 
creditor will receive his just part thereof in the propor- 
tion to his respective demand, the clerk shall thereupon 



ATTACfiGVIENTS'. ^ 

certify the several amounts thereof to the sheriff, who 
shall pay over to the respective parties the several sums 
so certified, and endorse such payments on their respec- 
tive executions. 

Sec. 25. On proof being made before any judge or jus-^^^^^^j^j^g^^ 
tice of the peace, or clerk of the circuit court within this may be served 
state, that a debtor is actually absconding, or concealed, o" ^""d^y* 
or stands in defiance of an officer duly authorized to ar- 
rest him on civil process, as aforesaid, or has departed this 
Btate with the intention of having his effects and personal 
estate removed out of the state, or intends to depart with 
such intention, it shall be lawful for the clerk to issue, and 
sheriff or other officer to serve an attachment against 
such debtor on a Sunday as on any other day, as is direct- 
ed in this act. 

Sec. 26. The plaintiff or defendant in any attachment, 
the garnishee and the sheriff, or either of them, who may ^^ ^^^ °^ ^^^ 
feel aggrieved by the judgment of the court, may prose- 
cute writs of error, and take appeals as by law is provided 
in other cases in the circuit courts, and be entitled to re- 
cover their costs as in other cases. 

Sec. 27. This act shall be construed in all courts of jus- This act to be 
tice in the most liberal manner for the detection of fraud, construed liber- 

Sec. 28. No \vrit of attachment hereafter to be issued J J^^^j^^^^j^^ 
shall be quashed, nor the property taken thereon restored, shall not be 
nor any garnishee discharged, nor any bond by him given quashed forin- 

11 J 1 V- J • ^ ^u 1 -^v T sufficiency of 

cancelled, nor any rule entered against the sheriiJ dis- ^-^^ original af- 
charged on account of any insufficiency of the original af- fidavit. 
fidavit, writ of attachment, or attachment bond, if the 
plaintiff, or some credible person for him, shall cause a le- 
gal and sufficient affidavit or attachment bond to be filed, 
or the writ to be amended in such time and manner as the 
courts or justices shall respectively in their discretion di- 
rect; and in that event the cause shall proceed as if such 
proceedings had originally been sufficient: Provided^ That 
in case any plea in abatement traversing the facts in the 
affidavit shall be filed, and a trial shall be thereon had, if 
the issue shall be fomid for the defendant, the attachment 
shall be qucished. 

Sec. 29. Any defendant in an attachment may appear Defendant may 
and plead without giving bail, or entering into any plead without 
bond. But in case any defendant shall desire to replevy giving baU or 
an attachment, he shall execute to the sheriff a bond. bond^-^'but can- 
with security to be approved of by the sheriff, in double not replevy 
the amount of the value of the property and credits ''^i^hout bond. 
attached, conditioned that such property and credits at- 
tached shall be produced and delivered, subject to the 
judgment of the court, when and where the court shall 



94 ATTACHMENTS. 

- direct; or, at his option, shall give like bond and secu- 
rity, in a sum sufficient to cover the debt and damages 
" sworn to in behalf of the plaintiff, with all interest, dam- 

ages and costs of suit, conditioned that the defendant 
will pay the plaintiff the amount of the judgment and 
costs which may be rendered against him, in that suit, 
on a final trial, within ninety days after such judgment 
shall be rendered; in term time, a recognizance, in sub- 
stance as aforesaid, may be taken in open court, and 
entered of record, in which case the court shall approve 
of the security and the recognizance made to the plain- 
tiff. Then in every such case the attachment shall be 
dissolved, and the property taken restored, and all pre- 
vious proceedings either against the sheriff or against 
-the garnishees, set aside, and the cause shall proceed as 
if the defendant had been seasonably served with a writ 
of summons. 
Plffs. in actions ^EC. 30. Plaintiffs in any action of debt, covenant or 
of debt, &c. trespass, or on the case upon promises, having commen- 
attach^ents ^^^ their action or actions, by summons, may, at any 
term pending such suit, and before judgment therein, on 
filing, in the office of the clerk where such action is 
pending, a sufficient affidavit and bond, sue out an 
attachment against the lands and tenements, goods and 
chattels, right, credits, moneys and effects of the defend- 
ant, which attachment shall be entitled in the suit pend- 
ing and be in aid thereof, and such proceedings shall be 
thereupon had, as are required or permitted in original 
attachments, in all things as near as may be. The thir- 
tieth section of this act shall apply to attachments issu- 
ed by justices of the peace .as well as to those issued 
hy the circuit court. 
Attachments Sec. 31. Attachments issued by justices of the peace 
c?"of he ^e? e ^^^^^ be returnable within thirty days from their date; 
when returna- ^nd the plaintiff in such attachment shall cause to be 
We. posted up, written, or printed notices thereof, when levi- 

ed, in four of the most public places in the county, at 
least twenty days before the return of the attachment. 
Sec. 32. Where any attachment has issued out of the 
When issued circuit court in any county, it shall be lawful for the 
from the cjicuitpi^^j-j ^j^ jj^ any time before iud^icment, to cause an at- 

court of any CO. i , . j t • i *^ i j r i ' 

ihey may be taclimcnt to be issueu to any other county ol tins state, 
issued to any where the defendant may have lands, goods, chattels, 
other county, ^jg^ts. Credits, or effects, which writ of attachment, the 
sheriff to whom it shall be directed shall levy on the 
lands, goods, chattels, rights, credits and effects, of the 
defendant in such county, and make return thereof as in 
other cases. 



ATrACHMENTS. i»S 

Sec. 33. All acts and parts of acts heretofore passed Acts repeskd. 
on the subject of attachments are hereby repealed. Bat 
proceedings commenced under the said acts before this 
act takes effect, shall be in no wise affected. This act 
to be in force from and after the first of June next. 

Appkoved, February l^th, 1833. 



AN ACT authorizing the seizure of boats and other t'C5.?r/5 jj^ f^jj^e Jur.e 
b7/ Attachment in certain cases, 1st, 1833. 

Sec. 1. Be it enacted hj the people of the state of Illinois^ 
represented in the General Assembly: That boats and ves- 
sels of all descriptions, built, repaired, or equipped, or Boats and ve?- 
running upon any of the narigablo waters within the^f^^^'^^'^ ^^'^ 
jurisdiction of this state, shall be liable for all debts con- ^^^j^p^.^ 
tracted by the owner or owners, masters, supercargoes, 
or assignees thereof, on account of all work done, sup- 
plies or materials furnished by mechanics, tradesmen, 
and others for, or on account of, or tov/ards the building;, 
repairing, fitting, furnishing, or equipping such boats or 
vessels, their engines, machinery, sail?, rigging, tackle, 
apparel and farniture; and such debts shall have the pre- 
ference of all other debts due from the owners, or pro- 
prietors, except the wages of mariners, boatsmen, antl 
others employed in the service of such boats and vessels, 
which shall first be paid. 

- Sec, 2. Any person having a demand, contracted as May be levied 
^before mentioned, agciinst any such boat or vessel, may ^^"^ ^>' ^"^^^' 
have an attachment to.be issued out of any court, or by^'^^'^'" 
any justice of the peace having jurisdiction thereof, in 
any county in this state, in which such boat or vessel 
may be found, either against the owner or owners, by 
their proper names, or by the name and style of their 
co-partnership, if known, otherwise against such boat or 
vessel, by her name or description only, authorizing 
and directing the seizure and detention of the same, 
with her engine, machinery, sails, rigging, tackle, appa- 
rel and furniture, by the sheriff or constable, upon affi- 
davit being made of the justice of such demand, and 
bond given by the plaintiff, as in other cases of attach- 
ment: Provided^ that in all cases, where such proceedings 
are instituted against such boat or vessel by her name 
or description only, the bond to be given by the plain- 
tiff, shall be made payable to the people of *^the state of 
Illinois, but for the use and benefit of the owner or 

10 



H6 ATTACHMENTS. 

or owners of such boat or vessel, who may institute a 
a suit thereon, if damages be occasioned by the issuing 
such attachment, and have recovery thereon in the same 
manner as if said bond had been given to such person or 
persons by their proper names, or in the name and style 
of their co-partnership. 
J. . Sec. 3. Upon the return of such attachment, the per- 

the attachment son or pcrsous having demands of the description afore- 
the plaintiff said, and for whose benefit such attachment was issued, 
shall file a shall file a written declaration or statement, against such 
his demand, boat or vessel, by her name or description, or against 
the owner or owners, if known as aforesaid, brieiiy re- 
citing the nature of the demand, v/hether for work done, 
or materials, firewood, or supplies of provisions furnish- 
ed, and whether at the request of the owner, master, 
supercargo, or consignee of such boat or vessel, and that 
such demand remains unpaid ; annexing to such declara- 
tion or statement, a bill of the particulars constituting 
such demand in separate and distinct items; and the 
like proceedings shall be had in all other respects, and 
the like judgment and execution, as in other cases of 
attachment. 
Engineer?, pi- Sec. 4. All engineers, pilots, mariners, boatsmen, and 
lots and others, Q^j-jgj,g employed in any capacity, in or about the service 
benefi't of this of any such boat or vessel, who may be entitled to ar- 
act. rearages of wages, in consequence of such service, may 

proceed to collect such wages under the provisions of 
this act, and shall be entitled to all the benefits thereof. 
Sec, 5. If the owner or owners, master, supercargo. 
If owner shall or consignee of any such boat or vessel, seized by attach- 
give bond with j^^^j^^ ^^ aforesaid, shall, at anytime before the final 
?ruudgmrt,judgment, give bond to the plaintiff, with security to be 
the propety at- approved by the clerk of the circuit court, or by the 
lached shall bej^jg^ ^j^^ term-time, (or justice of the peace as the case 
released. ^^o ^^^^ .^^ dcublo the Jimcunt of the demand sued for, 

and a sufficiency to discharge all costs which may ac- 
crue thereon, conditioned to pay and satisfy such judg- 
ment as the court (or justice of the peace) may render 
ao-ainst such boat or vessel or defendant party, together 
with the costs of suit, then such boat or vessel shall be 
forthwith discharged from such attachment, seizure, and 
detention; but shall, nevertheless, be liable to be taken, 
and sold on any execution to be issued on such judg- 
ment, or upon the judgment which may be rendered at 
any time on the bond required to be given by the defen- 
dant party as aforesaid. This act to take effect and be 
in force from and after the first day of June next. 

Approved, February 13th, 1833. 



ATTORNEY GENERAL AND STATE'S ATTORNEYS. ' 97 



ATTORNEY GENERAL AND STATE'S ATTORNEYS. 

A^ ACT relating to the Attorney General and 5fa^e'5 In force 19th 
Attorneys. ^^^' 1^^^' 

Sec. L Be it enacted by the people of the state of Illinois, 
represented in the General Assembly, That the attorney 
general shall continue to reside in, and perform the du- p^tjes of attor- 
ties of said office, for the first judicial circuit of this ney general, 
state. It shall be his dutj to attend at each circuit 
court to be held in each of the counties belonging to 
said judicial circuit, and to commence and prosel:ute 
all actions, suits, process, indictments, and prosecutions,. 
civil and criminal, in which the people of this state, the 
president and directors of the State Bank of Illinois, or 
any county within such judicial district may be concern- 
ed; to defend all actions brought within said judicial 
district, against the auditor of public accounts, state 
bank, or any of the counties aforesaid, to prosecute all 
forfeited recognizances, and all suits and actions for the 
recovery of debts, revenues, moneys, fines, penalties, and 
forfeitures, accruing to the people of this state, or any 
county within the judicial district aforesaid. He shall 
give his opinion without fee or reward, to any county 
commissioners' court, and to any justice of the peace 
within his circuit, when required so to do, upon an} 
question of law relating to any criminal or other mattet 
in which the people, or any county is concerned; andht 
shall perform such other and further duties, as may be 
enjoined on him by law. 

Sec. 2. It shall be the duty of the attorney general toToattendsi 
attend each of the terms of the supreme court, and preme court., 
there commence, prosecute, or defend every cause the 
people of this state, the auditor of public accounts, 
the state bank, or any county of this state shall in any 
wise be a party to, or intersted in the result. It shall be 
his further duty to prosecute all impeachments which 
may be tried before the supreme court or the senate of 
this state. He shall also, when required, give his p^^^g^^^^ 1^^^, 
opinion and advice in writing, without fee or reward, to pea hments 
the general assembly, or either branch thereof, upon any ^^^^ advise the 
question of law; and to the governor, or the person ex- "^^J^^^^ ° ^^^' 
ercising the office of governor, the secretary of state, 
auditor of public accounts, and state treasurer, upon 
any question of law relating to the duties of their re- 
spective offices, which may be submitted to him by them 
or either of them, 



98 ATTORNEY GENERAL AND STATE'S ATTORNEYS. 

neyst b"ap- , ^''^'- ^' '^^'^^^ '^'^" ^^ appointed hj the governor, at 
pointed. *"® present session of the general assembly, bj and \yith 

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

Sec. 4. It shall be the duty of the attorney general 
araii^aSonsmi ^"^ state's attorneys to attend, if in their power, the 
writs of habeas examination of all persons brought on habeas corpus 
corpus. before a judge of the supreme or circuit court, within 

their circuits respectively; and, if convenient, shall at- 
tend the examination, within their respective circuits, of 
j)ersons accused of felonious crimes, 'on being notified of 
the same. 
^ Sec. 5. When the attorney ereneral, or any state'* 

Court may ap- ,, i,iii-x i- t 

point compe- attorney, snail be interested m any cause or proceeding, 
tent person to civil oi criminal, which it is, or shall be made his duty 
prosecute in ^q prosecute or defend,- the court in vv'hich such cause is 

o«»rtnin moos ••• t T T 

pending, or to be brought, may appoint some competent 
person to prosecute or defend such cause, and in all ca- 
ses where the attorney general or state's attorney shall 
be absent or sick, and unable to attend to the discharge 
of his duties, the court in which any of his duties are 
required to be performed, may appoint some competent 
person to discharge such duties, until the attorney gene- 
ral or state's attorney appear and resume the discharge of 
his duties; and the person so appointed shall possess the 
same power in relation to such causes and the business in 
such court, and shall be entitled to the same fees there- 
for, as would have been allowed to the attorney general 
or state's attorney for said services. 

Sec. C. The attorney general shall have a right to call 
rail on state's upon any of the state's attorneys to assist him in the pros- 
attorneys to eculion, or in the defence of any suit in the supreme 
court, or the trial of any impeachment which it shall b& 
the duty of the attorney general to attend toj and anj 



certain cases. 



Att. gen. may 



as?i3t. 



ATTORNEYS AND COUNSELORS AT LAW. Q^ 

state's attorney being so required shall give his assist- 
ance accordingly. 

Sec. 7. The act entitled "An act for the appointment Laws iepeale<l, 
of circuit attorneys, and defining their duties and the du- 
ties of the attorney general," approved March 23, 1819, 
and the act entitled "An act supplemental to an act en- 
titled 'An act for the appointment of circuit attorneys 
and defining their duties, and the duties of the attorney 
general,' approved March 23, 1819," approved January 
18, 1825, be, and the same are hereby repealed. 

This act to take effect from and after its passage. 

Approved, Feb. 17, 1827. 



AjY act to amend an act relative to the duties of the office ^^^^^^^^ ' 
of Attorney Geyieral of this state. 

Be it enacted by the people of the state of Illinois, repre- 
sented in the General Assembly : That hereafter the attor- Attorney gen. 
ney general of this state shall reside at the seat of gov- shall reside at 
ernment, and shall prosecute in the circuit in which thereat of govern^ 
seat of government may be situate, and perform all '^^" * 
other duties wdiich are now or hereafter may be enjoined 
on him by law. 

Approved, Feb. 5th, 1833. 



ATTORNEYS AND COUNSELORS AT LAW. 

AJV ACT concerning' Attorneys and Counselors at law. In force March 
^ ^ 1st, 1833. 

Sec. 1. Be it enacted by the people of the state of Illinois, 
represented in the General Assembly: That no person shall 
be permitted to practice as an attorney or counselor at -"^ ° P"^^f^ ^"^ ^® 
law, or to commence, conduct, or defend any action, suitpraaLewith- 
or plaint, in which he is not a party concerned, in any out having first 
court of record within this state, either by usino; or sub- "^^^^'^f ^ V^" 

• 1.1. ,1 ' c ,-t cense for th a f. 

scribmg his own name, or the name of any other person, purpose. 
without having previously obtained a license for that pur- 
pose from some two of the justices of the supreme court, 
vr^hich license shall constitute the person recei\ing the 
same, an attorney and counselor at law, and shall author- 
ize him to appear in all the courts of record within this 
state, and then to practice as an attorney and counselor 
at law, according to the laws and customs thereof, for and 
during his good behavior in said practice, and to demand 
10* 



.1^ ATTORNEYS' AND COUNSELORS AT LAW. 

such fees as arc or hereafter may be established for anj 
services which he shall or may render as an attorney and 
counselor at law in this state. 
Certificate of 8ec. 2. No person shall be entitled to receive a 
ftrmSr^ license as aforesaid, until he shall have obtained a certi- 
ficate from the court of some county of his good moral 
character. 

(^1 k f 1 ^^^* ^* ^^ ^'^^^^^ ^^ ^^^^ ^^^"^' ^^ '^^^ ^^^^^^ ^^ *^^G supreme 

prcmc'courtto'f^^^^ ^^ "^""^'^ ^^-^^ keep a roll or record, stating at the 
keep a roll of head or commencement thereof, that the persons whose 
attorneys. names are therein written, have' been regularly licensed 
and admitted to practice as attorneys and counselors at 
law within this state, and that they have duly taken the 
oath to support the constitution of \}^e United States and 
of this state, and also the oath of office as prescribed by 
law, which shall be certified and endorsed on the said 
license. 
No person shall ^^c. 4. And no person whose name is not subscribed to 
practice imtii or Written on the said roll, with the day and year when 
^ ^"' the same was subscribed thereto, or written thereon, shall 

be sufiered or. admitted to practice as an attorney or 
counselor at law within this state, under the penalty herer- 
inafter mentioned, any thing in this act to the contrary 
notwithstanding; and the justices of the supreme court, 
in open court, shall have power at their discretion, to 
strike the name of any attorney or counselor at law 
from the roll for. malconduct in his ofiice: Provided, al- 
.TuJ-csof the zva7/s, That every attorney, before his name is stricken off 
maTsTi^iS'a^ ^^'^^ ^'^'^' ^^^^^^ receive a written notice from the clerk of 
torMoys,froni the supreme court, stating distinctly the grounds of com- 
thf.roii for mis- plaint, or the charges exhibited against him, and he shall 
aondict.. after such notice be heard in his defence, and allowed 
reasonable time to collect and prepare testimony for his 
justification. And every attorney Avhose name shall be 
at any time stricken off the roll by order of the court, in 
manner aforesaid, shall be considered as tbouijh his name 
had never been written thereon until such time as the 
said justice in open court shall authorize him to sign or 
subscribe the same. 

Sec. 5. Every attorney and counselor at law, receiving 
Attorney refu- money for the use of his cHent, and refusing to pay the 
sing to pay over same whaa demanded, may be proceeded acainst in a 

inoiiey collect- ,. *^ i •'n i, i 

edforhisciicnt. ^""^"^^'^y ^'''^y ^^ motion; and all attorneys and counse- 
lors at law, judges, clerks, and sheriffs, and all other offi- 
cers of the several courts within this state, shall be liable 
to be arrested, and held to bail, and shall be subject to 
the same legal process, and may in all respects be pros- 
ecuted and proceeded against in the same courts, and m 



ATTORNEYS AND COUNSELORS AT LAW. 1^1 

the same manner as other persons are, any law, usage, or 
custom to the contrary notwithstanding. Provided^, nev- 
ei'theless^ said judges, counselors, or attorneys, clerks, 
sheriffs, and other officers of said courts, shall be privi- 
leged from arrest while attending courts, and whilst go- 
ing to and returning from court. 

Sec. 6. No person shall_be permitted to practice f^Sj^^^g^^^ 
an attorney or counselor at law, by instituting, conduct- mitted to prao- 
ing, or defending any action, suit or plaint in any court tice as attoi- 
of this state, or of the United States, who holds a com-"^^'^* 
mission as a justice of the supreme or circuit courts; nor 
shall any person who holds a commission as a coroner, 
sheriff, or county commissioner, or who acts as deputy 
sheriff, jailer, or constahle within this state, be permitted 
to practice as an attorney or counselor at kiw in the 
court in which he presides as justice of the supreme or 
circuit court, or county commissioner; nor shall such co- 
roner, sherif}', deputy sheriff, jailer, or constable be per- 
mitted to practice as aforesaid, in the county in which 
he is commissioned or appointed, nor shall any clerk of 
the supreme court, circuit court, or court of the county, 
be permitted to practice as an attorney or counselor at 
law in the court of v/hich he is clerk, and no person 
shall be permitted or suffered to enter his name on the 
roll or record, to be kept as aforesaid, by the clerk of 
iha supreme court, or do any official act appertaining to 
the office of an attorney or counselor at law, until he 
hath taken an oath to support the constitution of the 
United States and of this state, and the person adminis- 
tering such oath, shall certify the same on the license^, 
which certificate shall be a sufficient voucher to the 
clerk of the supreme court, to enter or insert, or permit 
io be entered or inserted on the roll of attorneys and . 
counselors at law, the name of the person of whom such 
certificate is made. 

Sec. 7. The following oath of office shall be adminis- Oath of office, 
tered to every attorney and counselor at law, before 
they subscribe the respective rolls, to wit: I swear, or 
affirm^ that I will, in all things, faithfully execute the 
duties of an attorney at law, or counselor at law, (as the 
case may be,) according to the best of my understanding 
and abilities. 

Sec. 8. Any person producing a license or other satis- p^j^^^g ^^^^ 
factory voucher, proving that he hath been regularly other statespro- 
admitted an attorney at law, in any court of record^"""? ^license 
within the United States, that he is of good moral char- ^j'^^ p'^f/i^;';" 
acter, may be licensed and permitted to practice as a 
counselor and attorney at law, in any court ia this state, 
without examination. 



102^ 



ATTORNEYS AND COUNSELORS AT LAW: 



Persons not li- 
censed receiv- 
ing fees. 



Forging 
license. 



Plff's and de- 
fendants may- 
prosecute and 
defend in pro- 
per person. 



Attorneys re- 
siding in adja' 
sent states. 



Sec. 9.[]If any person or persons, not licensed as afore- 
said, shall receive any money, or any species of property 
as a fee or compensation for services rendered, or to be 
rendered by him, as an attorney or attorneys, counselor 
or counselors at law within this state, all money so re- 
ceived by him shall be considered as money received to 
the use of the person paying the same, and may be re- 
covered back, with costs of suit, by an action or actions 
for money had and received; and all property delivered 
or conveyed for the purpose aforesaid, or the value there- 
of, may be recovered back, w^ith costs of suit, by the per- 
son conveying or delivering the same, by action of deti- 
nue or trover and conversion, and the person or persons 
receiving such money or property shall forfeit threefold 
the amount or value thereof, to be recovered, with costs 
of suit, before any magistrate, if within a magistrate's 
jurisdiction ; but if not, in any court of record withia 
the state, by action of debt, qui tarn, the one half to the 
use of the person who shall sue for and recover the same 
and the other half to the use of the county in which, 
such suit shall be brought; and if any person or persons 
shall sign or cause to be signed the name of an attor- 
ney, or either of the justices of the supreme court, to 
any certificate or license provided for by this act, with 
an intent to deceive, such person shall be deemed guilty 
of forgery, and shall be prosecuted ojid punished accor- 
dingly. 

Sec. 10. Plaintiffs shall have the liberty of prosecu* 
ting, and defendants shall have the privilege of defending 
in their proper persons, and nothing herein contained 
shall be so construed as to affect any person or persons 
heretofore admitted to the degree of an attorney or 
counselor at law, by the laws of this state or of the Illi- 
nois territory, so as to subject them to further exami- 
nation, or make it necessary for them to renew their 
license. 

Sec. 1L Hereafter, when any counselor or attorney 
at law, residing in any of the adjacent states or territo- 
ries, may desire to practice law in this state, such coun- 
selor or attorney shall be allowed to practice in the se- 
veral courts of law in this state, upon the same terms, 
and in the same manner that counselors and attorneys 
at law residing in this state now are or hereafter maybe 
admitted to practice law in such adjacent state or terri- 
tory. The act of 1819, on the subject of attorneys at 
law, is hereby repealed. 

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

Approved, March 1st, 1833. 



AUDITOR, TREASURER, AND ATTORNEY GENERAL, 103 



AUDITOR, TREASURER, AND ATTORNEY 
GENERAL. 

AJ^* ACT to- consolidate the acts relatwe to the Auditor and in foice J ulj 
Treasure?' and election of Attorney General,- 2d, 1833. 

Sec. 1. Be it enacted by thepeople of the state of Illinois^ 
represented in the General Asstrnbly, That the general as- 
sembly shall, during their session commencing on the first 
Monday in December, 1834, and every two years there- 
after, elect by joint vote, an auditor of public accounts. Auditor shall 
who shall be commissioned by the governor, and shall ^^^^^^^^^^^^^'^ 
take and subscribe an oath, before some justice of the su- ^^° y^^"- 
preme court, or justice of the peace, to support the con- 
stitution of the United States and of this state, and also 
that he will faithfully discharge the duties appertaining 
to said office of auditor of public accounts; which said 
oath shall be endorsed upon his commission, and a copy 
of which be filed in the office (of) secretary of state. 

Sec. 2. The auditor so elected, shall, before he enters , , 

upon the duties of his said oflice, enter into bond, payable ' ^ ^^^^ ^ ' 
to the people of the state of Illinois, with one or more 
good securities, in the sum often thousand dollars, to be 
approved by the governor, and which bond shall be filed 
in the office of secretary of state5Conditioned for the faith- 
ful discharge of the duties of said office, by said auditor, 
according to law, and for the delivery over to his success 
sor of all books, records, vouchers, papers, presses, and 
furniture appertaining to said office, whole, safe, and un- 
defaced: And Siiould the condition of the said bond at 
any time be l^roken by said auditor, the governor shall 
cause suit to be instituted upon such bond, against said 
auditor and his securities, nor shall one recovery render 
the same void, but the same may be prosecuted from time 
to time, until the whole penalty shall be recovered. 

Sec 3. The auditor of public accounts shall hereafter, ^ 
in all cases, personally sign all warrants, for money on the ly sigifaii*^ar- 
treasury of the state, all tax receipts, and all other pa- rants, &c. 
pers necessary and proper for the auditor to sign. 

Sec. 4. In all cases where warrants for money are is- ,„ 
sued by the auditor upon the state treasurer, the said war- bicoume'rstgn" 
rants, before they are dehvered to the person or persons ed. 
for whose benefit the same are drawn, shall be presented 
by the auditor to the state treasurer, who shall personally 
countersign the same, and shall also enter in a book, to 
be kept for that purpose by him, the date, amount, kind of 



104 AUDITOR, TREASURER, AND ATTORNEY GENERAL 

money, and the name of the person or persons to whom 
the same are made payable. 

Sec. 5. There shall be elected by the general assembly 
Attorney gen- of the state of Illinois, at, and during the session thereof, 
wal elected commencing on the first Monday in December, 1834, and 
yeaS/^° every two years thereafter, by joint vote of both branches 
of the general assembly, an attorney general, whose du- 
ties shall be such as are or may be defined by law. 

Sec. C. Whenever any person shall pay to the state 
treasurer any auditor's warrant, bank notes, or money, on 
Treasurer re- account of any debt to the state bank, or any due the 
dTpUcate fe-^ state, or for taxes, the treasurer is required to give dupli- 
ceipts. cate receipts for such payments, one of which receipts 

shall describe the kind of funds in which the payment 
shall be made, and shall be filed in the auditor's office, and 
entered in a book to be kept for that purpose, and the 
other copy shall be countersigned by the auditor, and de- 
livered to the person making payment; and no payment 
shall be considered as having been made, until the trea- 
surer's receipt shall be countersigned by the auditor. 
Sec. 7. It shall be the duty of the auditor at all times 
Auditor shaH ^o keep the accounts of the state, with any state or terri- 
eepaccoun s. ^^^^^ ^^^ with the United States, with all public officers^ 
corporations, and individuals having accounts with this 
state; he shall audit all accounts of public officers wha 
are to be paid out of the state treasury; of the members 
of the legislature, and all persons authorized to receive 
money out of the treasury, by virtue of an appropriation 
made, or to be made by law, particularly authorizing such 
account. 

Sec. 8. On ascertaining the amount due any person 
Isfue warrants, from the treasury, the auditor shall grant his warrant on 
the treasury for the sum due. 

Sec 9. The said auditor shall make a fair list of all 
accounts by him audited, in a book by him to be kept for 
that purpose, as also an account of all taxes or other mo- 
neys which may be due by any person to this state, or 
which may be paid into the state treasury; he shall make 
out and present to each regular session of the general 
assembly, by the tenth day of the session, a report, shew- 
Shaii report to ing the amount of warrants by him drawn on the treasu- 
generai assera- j.y^ seating particularly on what account said warrants 
^y^"^°3^'°^ were drawn, and if drawn on the contingent fund, to 
drawn. whom, and for what they were issued. lie shall also re- 

port the amount of money received into the treasury, 
stating particularly the source of revenue from which 
Ijie same may be derived. 



AUDITOR, TREASURER, AND ATTORNEY GENERAL. 106 

Seg. 10. The said auditor shall keep a fair record ofShaUkeepa 
all warrants bj him drawn, numbering the same in a book ^a^ts.^^ 
to be kept for that purpose. 

Sec. 11. When the auditor shall have made out abstracts Abstract of 
of all sums due in the respective counties, and sent them to ^^^^^^^^^^ 
the different collectors, he shall make out in a book to be 
kept for that purpose, a fair account against such collec- 
tor, a certified copy of which, with the seal of his office 
thereto attached, shall be sufficient for the attorney gen- 
eral or state's attorneys, to proceed by motion or action 
against such delinquent collectors and their securities, 
before the supreme or circuit court. . 

All quietuses necessary to be granted shall be issued Q"^^*"^^* 
by the auditor, under his hand and seal of office. 

Sec. 12. The state treasurer, when elected, shall be State treasurer 
commissioned by the governor, and shall, prior to entering 
upon the duties of his office, execute bond, with sufficient ghaU give 
security, to be approved by a majority of the council of bond, 
revision, in the sum of fifty thousand dollars, conditioned 
faithfully to perform all the duties of his office; the said 
bond shall be executed to the governor, payable to him or 
his successors in office, for the use of the state, and one 
recovery thereon shall not bar any other suit until the 
whole penalty shall be recovered; the securities shall 
stand bound for the faithful performance on the part of 
the treasurer, of all duties which may be required by 
law, at the time of executing the bond, and also all duties 
which may be imposed upon the treasurer by any subse- 
quent law. 

Sec. 13. The governor, whenever he shall suspect the gond where in- 
obligors in such bond to be insufficient, shall require the sufficient, 
state treasurer to give an additional bond, with security 
to be approved of by himself, in any amount not exceed- 
ing fifty thousand dollars, both of which bonds shall be 
filed in the office of secretary of state ; and whenever the 
condition of either of the said bonds shall be broken in 
any wise, the governor shall order the same to be prose- 
cuted. 

Sec. 14. If said treasurer die, resign, or be displaced, Treasurer dy- 
or otherwise cease to hold his oflSce, then such treasurer, *"^^^'^^'^"^"^' 
his heirs, executors, or administrators, shall regularly state 
the amount, and deliver the moneys, warrants, together 
with all books, records, memorandums, papers, and instru- 
ments of writing of the state, in his, or their possession, 
or which such treasurer shall have received and not paid 
out according to law, to the succeeding treasurer, who shall 
make report thereon to the general assembly, and the 
said report, if confirmed by the legislature, shall be adis- 



106 AUDITOR, TREASURER, AND ATTORNEY GENERAL. ^ 

charge of the said bonds, in which case the j shall be giv- 
en up to the said treasurer, his heirs, executors, or admin- 
istrators. 
DntiesoL ^ec. 15. It shall be the duty of the state treasurer, to 

receive the proceeds of all taxes, and other public mo- 
nej's of this state, and safely keep the- same. He shall 
-not pay out of the treasury any money, but on a warrant 
of the auditor, except the auditor's salary. He shall 
keep a regular and fair account of all moneys and reve- 
nues he receives and pays out, agreeably to law, stating 
therein particularly on what account ea.ch particular 
sum was paid out, or received, and the time when, and 
lay a copy thereof before the general assembly, by the 
tenth day of the session. An abstract of said reports of 
the auditor and treasurer, shall be prepared by the gen- 
eral assenibly, and published with the laws of each ses* 
sion. 
Shall report to Sec. 16. It shall be the duty of the treasurer to report 
momWy!°'^ monthly to the auditor, the amount of money which he 
may have received, stating on what account the same 
was paid into the treasury. He shall also report month- 
ly an account of payments out of the treasury, and de- 
posit with the auditor all warrants which he may have 
paid or received, and take the auditor's receipt for the 
same; and it shall be the duty of the auditor to make en- 
tries of said reports, in books to be kept by him for that 
purpose. 
5"its. Sec. 17. It shall be the duty of the auditor to institute 

all suits and motions in favor of the state. 
Offices to be Sec. 18. The auditor and treasurer shall keep their 

kept at seat of offices at the seat of government, and for the present 
governmen . gj^g^jj occupy rooms in the banking house. 
Warrantswhen Sec. 19. If any auditor's warrant shall be lost, mis- 
ost or mis ai . j^^^^ ^^ destroyed, so that the same cannot be presented 
for payment, by the person entitled thereto, it shall be 
lawful for tlie auditor, at any time before such warrant 
shall be paid at the treasury, to issue a duplicate warrant 
to the person or persons having so lost any warrant as 
aforesaid, on such person filing with the auditor, an afti- 
davit in writing, sworn before some justice of the peace, 
or judge, stating the loss or destruction of any such war- 
rant, and the auditor shall immediately certify the same 
to the treasurer, who shall thereby be authorized to pay 
any such duplicate warrant. 
Treasurer to Sec. 20. The treasurer shall cause to be made out, a 
make out du- duplicate of the books in the auditor's oftice, containing 
fn aidhorW- ^ description of all the lands in this state, subject to taxa- 
fice. tion, and shall enter opposite to each tract, in the same 



BAIL. 107 

manner as the auditor, a credit for the taxes on each 
tract, where the same are paid. It shall be his further 
duty to procure from the auditor, the hsts from the seve- 
ral counties, and credit the taxes paid in the respective 
counties, in the same manner as the auditor now enters 
the same. 

Sec. 21. The act entitled "x\n act defining the duties ^'^'s repea^ .:. 
of the auditor and treasurer," approved March 24, 1819, 
the act to provide for the election of auditor of pubhc 
accounts, and further defining his duties, approved Fe- 
bruary 14, 1831, and the act further to define the duties 
of the auditor of pubHc accounts, approved February 
16, 1831, be and the same are hereby repealed. But no 
rights, duties, or obligations accrued, or to accrue, under 
any of the said acts, shall be in any wise affected or im- 
paired, by the repeal thereof. This act to take effect 
and be in force fi^om and after the first day of July next* 

Approved, March 2d, 1833 



BAIL. 

AJV ACT concerning Special Bail, June, 1827. 

,nSec. 1. Be it enacted hy the people of the state of Illinois, 
represented in the General Assembly , That in all actions to 
be commenced in any court of record in this state, and v>'henbaii r-a/ 
founded upon any speciality, bill or note in writing, or on be reqnne '. 
the judgment of any court, foreign or domestic, and in 
all actions of covenant and account, and actions on ver- 
bal contracts or assumpsits in law, in which the plaintitf 
or other credible person can ascertain the sum due, or 
damages sustained, and that the same will be in danger 
of being lost, or that the benefit of whatever judgment 
may be obtained will be in danger, unless the defendant 
or defendants be held to bail, "and shall make afhdavit ^^'^^^^'- ■• 
thereof before the clerk of the court from which process 
issues, or a justice of the peace of this state; or if the 
plaintiff reside out of this state, before any judge of a 
court of record, or notary public or officer of the state or 
kingdom in which he resides, or may be duly authorized 
to administer an oath; and such affidavit shall be deliver- 
ed to such clerk — he shall issue a capias and endorse 
thereon an order or direction to the sheriff or officer to ^"^^i,^^^^^''' ' 
whom such process shall be directed, to hold the defend- 
ant or defendants to bail, in the sum so specified in such 
11 



108 BAIL. 

affidavit; and it shall be the duly of the sheriif or officer 
t^on^solfndrin ^^^'^i^g ^uch process, to take bail accordingly* In ac- 
damagesoniy, ^i^ns sounding merely in damages, where the same can- 
whattheaffida-not be ascertained as aforesaid, the affidavit shall also 
ionh^^^ ^^^ ^^^ forth the nature and cause of the action, with the sub- 
stantial or chief facts in relation thereto; if upon ex- 
amination thereof, the clerk shall be satisfied that suffi- 
cient cause is shewn to require bail, he shall issue a capias 
in like manner, and make an order thereon, specifying in 
what amount the defendant or defendants shall be requir- 
ed to give bail; the officer serving the process shall, in 
like manner, take bail. The bail taken as herein direct- 
ed may be discharged, or the amount thereof reduced by 
the court to which the writ is returned, on application 
during the term to which it is returned, upon satisfac- 
tory proof. 

Sec. 2. Where any writ shall have been issued from 

Sheriff's duty ^^Y ^ourt of rccord in this state, whereon bail is required, 

when bail is re- the sheriff or other officer to whom the same may be di- 

quirod. rected, shall take a bail bond to himself, with sufficient 

security in a penalty of double the sum for w4iich bail is 

required. And for the purpose of avoiding errors in the 

taking thereof, the condition shall be substantially in the 

Komi to be tak- foUo win g form : 

.n,>&G, "The condition of this obligation is such, that where- 

as A. B. has lately sued out of the circuit court of the 
countv of a certain w^it of capias ad respondendum^ 

in a certain plea of against C. D. returnable to the 
next term of the said court to be holden at on the 
day of next: Now if the said C. D. shall be and 

appear at the said court, to be holden at on the said 
day of next; and in case the said E. F. shall not 
be received as bail in the said action, shall put in good 
and sufficient bail, which shall be received by the plain- 
tiff, or shall be adjudged sufficient by the court, or the said 
E. F. being accepted us bail, shall pay and satisfy the 
costs and condemnation money, which may be rendered 
against the said C. D. in the plea aforesaid, or surrender 
the body of the said C. D. in execution, in case the said 
C. D. shall not pay and satisfy the said costs and condem- 
nation money, or surrender himself in execution, when by 
law such surrender is required, then this obligation to be 
void, otherwise to remain in full force and effect:" which 
When 10 be re- bond SO taken, shall be returned with the writ, on or be- 
tunied. fore the first day of the term of the court to which the 

writ is returnable. In case the sheriff or other officer, 
executing such process, and to w^hom it shall be directed, 



BAIL. 100 

shall neglect to take such bond, or the bail be held insuf- 
ficient, on exception taken and entered of record during 
the term to which suth writ shall be made returnable, Liability ot 
the sheriff or other officer having reasonable notice of sheriff in case 
taking such exception shall, in either case, be deemed of Insufficient 
and stand as special bail in the action; and the plaintiff 
may proceed to judgment against such sheriff or other 
officer, as in other cases against special bail. 

Sec. 3. All bail taken according to the directions of 
this act, shall be deemed and taken as special bail, and j^g pj-Q^gg^jg^' • 
may be proceeded against by an action of debt, in the against. 
name of the plaintiff in the original action, as in the case 
of a recognizance of bail, except where the bail shall be 
adjudged insufficient by the court; then the bond shall in 
that case stand as a security to the sheriff, who may, upon Exception in 
a forfeiture of the condition to appear and perfect bail,f^^'orof ?hff. 
,proceed thereon in an action of debt or covenant, to re- 
cover the amount of whatever damages he may have sus- 
tained by reason of the non-performance of such jcondi- 
tion; and shall also have the same right to arrest and 
detain the principal in custody, in case the bail shall be 
adjudged insufficient by the court, and the principal shall 
not perfect bail within the time required by law, as the 
bail might have had ; if he shall elect to arrest and com- 
mit the principal to prison, then his remedy on the bond 
shall cease, and the bond be void. The sufficiency of the Exception^ to 
bail shall be excepted to, during the term to which the bail when to bo 
writ is returnable, otherwise the same shall be considered ™^^^' 
as accepted by the plaintiff. Objections to the sufficien- 
cy of bail shall be decided by the court in which the ex- 
ception is taken without delay, on such e\'idence as may 
be produced, and as it may deem satisfactory; the bur- 
then of proof shall He on the party affirming the suffi- ^1^°" ^^^'°"^ 
ciency, allowing the bail to be examined on oath or p^roof rests!" "^ 
affirmation, touching his sufficiency. 

Sec. 4. It shall be lawful for the defendant in any ac- 
tion in any court of record when bail shall have been I^^fendant may 
given as aforesaid, to surrender himself, or for his bail to ^^^''^f tfj^^^^^-^ 
surrender him at any time before the return day of the may sunen/el 
process, which may have been sued out against him as him in vacation 
bail, to the court in which the suit may be pending, du- 
ring the sitting thereof, or in vacation, to the sheriff of the ingfto beTaf 
county in which process was served. In case the surren-in'' 
der shall be made during the sitting of the court, an entry ^"^^^ ^^^^^' 
shall be made on the records of the court, stating the sur- 
render and commitment of the defendant to the custody 
of the sheriff: if the surrender be made in vacation, the 
bail or principal shall obtain a certified copy of the bail 



110 BAIL. 

bond from the sheriff or clerk of the court, in whosesoever 
possession the same may be, and shall deliver himself, or 
be delivered by his bail to such sheriff, who shall there- 
upon endorse on such copy of the bail bond, an acknowl- 
edgment of the surrender of the body of the defendant to 
his custody, and thereupon the said copy of the bond with 
such acknowledgment shall be filed in the office of the 
clerk of the court in which the action is pending. Up- 
on giving notice of the surrender, whether made in term 
time or vacation, to the plaintiff or his attorney, and pay- 
ing the costs of the action against the bail, if any have 
accrued, the bail shall be discharged from all liability; 
the defendant shall be committed to the jail of the county, 
there to remain until discharged by due course of law. 
If ihe surrender If the surrender be after judgment, and the plaintiff shall 
he after judg- not charge the defendant in execution within fifteen days 
!;!'!4?' '^'''' ^^'cr notice thereof, he shall be discharged out of custody; 
the plaintiff may, notwithstanding such discharge, have 
execution against the real and personal estate of the de- 
fendant. 
Dciendaut sur- ^^^* ^* -^^J defendant surrendered into custody or 
rendered into Committed by his bail, in manner aforesaid, may at any 
custody may be time before final judgment shall have been rendered in 
■n- vS'oufer^^ the action, discharge himself from custody by giving other 
K ' '' good and sufficient special bail ; the sheriff or other officer 

authorized to take bail, shall take new bail to the same 
effect as is herein before provided. 

Sec. 6. In all cases of bail under this act, it shall and 

Rail may ar- may be lawful for the bail to arrest and secure the body 

rest the body of of the principal, until a surrender can be made to the 

The principal, ^i^^f^ff ^f ^he county, where the suit may be pending, or 

to the court to which the process was returnable. 

Sec. 7. Hereafter, no suit shall be commenced upon 
any bail bond or recognizance of bail, in any civil action, 
i^J'^'be^bro't ^"^^^^ ^ ^""^ ^^ capias ad satisfaciendum^ shall have issued 
un^baif bimf. against the defendant in the original action, directed to 
. the sheriff of the county in which such defendant was ar- 
rested, and such sheriff shall have returned that the said 
defendant was not found in his county; if any action shall 
hereafter be commenced upon such bond or recognizance, 
and it shall not appear upon the trial thereof that a writ 
of capias ad satisfaciendum was issued and returned in the 
,,., manner herein before mentioned, a verdict shall be found 

17 tbJhargelhefor the defendant. It shall be also necessary to charge 
bail. * the bail, that such writ of capias ad satisfaciendum should 
be issued and delivered, at least ten days before the re- 
turn day thereof, to the sheriff of the county, or officer to 
whom it maybe directed; such sheriff or officer shall 



BAIL. Ill 

endeavor to serve such vrrit upon the defendant, any direc- 
tions which he may receive from the plaintiff or his attor- 
ney, to the contrary notwithstanding. 

Sec. 8. In all cases where judgment shall hereafter he Remedy of bail 
entered up in any court of record in this state, against against princi- 
any person or persons as bail for another, and the amount ^ 
of such judgment, or any part thereof, has been paid, or 
discharged by such bail, his, her, or their executors, ad- 
ministrators, or heirs, it shall and may be lawful for such 
bail, his, her, or their heirs, executors, or administrators, 
to obtain judgment by motion against the person or per- 
sons for whom he, she, or they were bound, for the full 
amount of what shall have been paid by the said bail, his, 
her, or their heirs, executors or administrators, in such 
court where judgment shall have been entered up against 
such bail, before judgment shall be entered up against 
the principal, ten days previous notice of such mo- 
tion shall have been given to him, if a resident of this 
state, and if a non-resident, then notice of such motion, 
shall have been published, for four weeks successively, 
in some newspaper printed in this state. 

Sec. 9. In all actions against bail, it shall be lawi<.il for 
the bail to plead in bar to such actions, the death of the^^'^^^^^Ppj'^^'J 
principal before the return day of the process against the in bar. 
bail; if on the trial of any such issue, the death of the 
principal be found to have happened before such return 
day, judgm.ent shall be given in favor of the defendant; 
he shall, notwithstanding, be liable to judgment and exe- 
cution for the costs of suit, unless such death shall be 
found to have taken place before the commencement of 
the action. 

Sec. 10. If any defendant having given special bail 
in any action, shall afterwards be legally arrested and fen^am^to dis- 
delivered over to the executive authority of the United charge bail ia 
States, or of any state or territory thereof, upon a charge certain cases. 
of having committed a crime out of the jurisdiction of 
this state, and shall be thereupon carried beyond the lim- 
its thereof, such bail shall be discharged from all liability 
incurred as bail, if the defendant has not returned to this 
state discharged from such arrest, before he shall be lia- 
ble to be charged as bail for such defendant. 

Sec. 11. When any defendant in any civil action, shall a disciiargr 
have been discharged as an insolvent debtor, agreeably under insohcn. 
to the laws of this state respecting insolvent debtors, and ^^'?' ^° ^^''^'^ 
a certificate from the authority lawfully granting the same,''^'^' 
shall be produced to the court, the bail of such defend- 
ant shall, in all cases, be entitled to have an exoneratus 
entered upon the records of the court, which shall there- 
II * 



112 



BILLS OF EXCHANGE. 



illowed. 



upon operate as a discharge from his hond or recogni- 
zance, in the same manner as if he had surrendered his 
principal in court, or (o the sheriff as herein before direct- 
ed: Provided^ That judgment shall not have been recov- 
ered against him as the bail of such defendant. 
Proceedings by ^^^' ^^* Hereafter, proceedings bj ^czVe /aaa^ against 
scire facias not bail, in civil cases, shall not be allowed in any court of 
record in this state. Proceedings already instituted may 
be proceeded in as though this act had not been passed. 
Sec. 13. All acts and parts of acts coming within the 
intent, spirit, and meaning of this act, and the objects 
and proceedings to which it relates, and heretofore in 
force in this state, are hereby repealed. No proceedings, 
however had, or rights secured under them, shall be in 
any way impeded or impaired, but may be prosecuted 
and enforced, as if this act had not taken effect. This 
act shall take effect on the first day of June next. 

Approved, January 26, 1827.- 



BILLS OF EXCHANGE. 



\ i\ ibicc 1 gt 
.Time, 1827. 

l^'orcija bills 
protested hov; 



liilani bll's 
l^rotested hovv 
to bo paid. 



JIM A CT concerning Bills of Exchange, 

Section \. Be it enacted hy the people of the state of Illi- 
no^is. represented in the General Assemhly^ That when any 
foreign bill of exchange, which ftiay be drawn for any 
sum of money, expressed that the value has been re- 
ceived, shall be duly presented for acceptance orpaj^ment, 
and protested for non-acceptance or non-payment, the 
drawer or endorser thereof, due notice being given of 
such non-acceptance or non-payment, shall pay said bill, 
with legal interest, from the time such bill ought to have 
been paid, until paid, and ten per cent, damages in addi- 
tion, together with the costs and charges of protest. 

Sec. 2. If any bill of exchange drawn upon any person, 
or body politic, or corporate, out of this state, but with- 
in the United States, or their territories, for the payment 
of monev, and expressed to be for value received, shall 
be duly presented for acceptance or payment, and pro- 
tested for non-acceptance or non-payment, the drawer or 
endorser thereof, due notice being given of such non-ac- 
ceptance or non-payment, shall pay said bill, with legal in- 
terest from the time such bill ought to have been paid, 
until paid, and five per cent, damages in addition, togeth- 
er with costs and charges of protest. 



X 



CANAL COMMISSIONERS. 113 

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

Approved, Dec. 28th, 1826- 



CANAL COMMISSIONERS. 

" AC ACT tQ abolish the office of Canal Commissionei^s. in force March 

1st, 1833. 

Sec. 1. Be it enacted hy the people of the state of Illinois^ 
represented in the General Assembly^ That the office of Office of canal 
canal commissioners, created by an act entitled "An act ^°™!"'^^^°^®^ 
to pro\ide for constructing the Illinois and Michigan ca- 
nal," approved January 22, 1829, and further by an act 
entitled "An act to provide for the construction of the 
Illinois and Michigan canal," approved February 15, 
1831, be, and same is hereby abolished. 

Sec. 2. The board of canal commissioners shall, as ^^^f ^J;|;;t' 
soon as m?.y be, pay over and deliver to the treasurer of neys, books, 
this state, all moneys in their possession, belonging to, or&c. in their 
connected with said canal fund; and shall in like man- P^^^®'^^°"* 
ner, deliver to the auditor of public accounts, the books, 
papers, and vouchers, belonging to, or connected with 
said board of canal commissioners, to be filed and pre- 
served in his office. 

Sec. 3. And the treasurer of said board shall, in like Treasurer of 
manner, deliver and pay over to the treasurer of this g^"j^' deliver 
state, all moneys in his. hands belonging to the canal as above. 
fund; and shall also deliver over to the auditor of public 
accounts all books, papers, and vouchers, having relation 
to the canal grant or fund, and the acts and doings of 
the said canal commissioners, in his hands, either as trea- 
surer or secretary to the said board of commissioners, to 
be preserved as above. 

Sec. 4. The auditor of public accounts, attorney gen- ^^^^3^.^, 
eral, and treasurer of this state, shall, immediately after ney general 
filing said papers, «fcc. proceed to examine and adjust f^f^asurer to ad 
the same; and if upon examination they shall find that ^jj-'^^j^f ^^^ff ^o)^ 
any of the ofiicers aforesaid have not faithfully and fairly missioners and 
accounted for, and paid over, all moneys which have treasurer. 
come to their hands by virtue of their said offices, or 
have paid out any moneys not authorized by law; that 



attor- 
and 



114 



CENSUS. 



Circuit court 
of Fayette 
county. 



Shall report 
their proceed- 
ings to the le- 
eislature. 



said auditor and treasurer shall cause suit to be commen- 
ced upon the official bond of any such officer as afore- 
said, as soon as practicable, and prosecute the same with 
reasonable dihgence to final judgment and execution; 
and all moneys received from any of said officers shall 
be deposited in the treasury of this state. The circuit 
court of Fayette county shall have and take jurisdiction 
of such suit, and for that purpose may direct all neces- 
sary process to any county in the state. 

Sec. 5. It shall be the duty of the auditor, attorney 
general, and treasurer to make and report a detailed 
statement of the proceedings herein to the next general 
assembly of this state. This act to take effect and be in 
force from and after its passage. 

Approved, March 1st, 1833. 



CENSUS. * 

13^182/^''' '^'^^ ^^-^ to provide for the taking of the census, or enu- 
' ' ■ meration of the inhabitants of the state. 



Person to be 
appointed to 
take the census. 



What persons 
shall be enu- 
merated, 

and how they 
shall be distin- 
guished. 



Sec 1. Be it enacted hy the people of the state of Illinois^ 
represented in the General Assembly, That the county com- 
missioners' court of each county in this state,, shall, at 
their June term, in the year of our Lord one thousand 
eight hundred and thirty, and at their June term, in 
every fifth year thereafter, appoint some competent per- 
son as commissioner, to take an enumeration of the in- 
habitants of such county, and also of such unorganized 
county or counties, or district of couijtry, as may be at- 
tached thereto, omitting in such enuraferation, Indians not 
taxed, and distinguishing free white persons from free 
persons of color, and the French negroes and mulattoes 
held in bondage, from such as are indentured or regis- 
tered, or born of indentured or registered parents; and 
also distinguishing the sexes, in each of said classes, in 
separate and distinct columns; and also, by dividing the 
free white population, and setting down in separate and 
distinct columns, according to the form herein prescri- 
bed, such as are of ten years of age and under; over 
ten, and not exceeding twenty years; over twent}", and 
not exceeding thirty years; over thirty, and not exceed- 
ing forty years; over forty, and not exceeding fifty years; 
over fifty, and not exceeding sixty years; over sixty, and 
not exceeding seventy years; over seventy, and not ex^ 



CENSUS. 115 

ceeding 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, between the ages of eighteen and 
forty-five years, as shall be subject to militia duty, either 
as officers or militia men. And it shall be the further 
duty of the commissioners, to be appointed as aforesaid, to j^Xanufactories 
ascertain, and set down with the enumeration as afore- and mills, &c. 
said, the number and description of all manufactories, 
mills, machines and distilleries, within their respective 
counties, and the counties and districts of country thereto 
attached, as aforesaid, specifying the different kinds 
thereof. And the said enumeration shall be made by an 
actual enquiry at each dwelling house, or from the head p^^y^^jg^j^j-^^^ 
of each family, when the same can be conveniently to ^e made by 
done, or otherwise from the best information that can be actual enquir>-. 
obtained, where there shall be no fixed place of resi- 
dence, or the head of such family, or other person to be 
included in such enumeration, shall be absent from the 
county or state. 

SEt;. 2. The enumeration shall commence on the first ^y^^^^ ^^ ^^^_ 
Monday in September, in the year of our Lord one thou- mence. 
sand eight hundred and thirty, and on the first Monday 
in September, every fifth year thereafter, and shall close 
within three calendar months thereafter. And each 
person 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 or 
justice of the peace of the county, as follows: "I, A. B.,q , - 
do solemnly swear (or affirm) that I will make a just and missioner. 
perfect enumeration and description of all persons resi- 
dent within the count}* of and state of Illinois, 
(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 tak- 
ing of the census or enumeration of the inhabitants of 
the state of Illinois,' according to the best of my knowl- 
edge and abilities: so help me God." 

Sec. 3. The several commissioners appointed under 
this act, from time to time, shall, on or before the first 
Monday in December next, after such enumeration shall t^^^e mad^^^" 
be taken, transmit to the clerk of the circuit court of 
the proper county, and to the office of the secretary of 
state, accurate returns of all such inhabitants as afore- 
said, and of all such manufactories, ^mills, machines, and 
distilleries, as aforesaid, and shall also make out and 
transmit to the adjutant general of this state, a certified 
statement of the number of all persons subject to militia 



116 



CENSUS. 



duty as aforesaid ; which returns, with the exception of 
that to he made to the adjutant general, shall be made 
and certified according to the following form, to wit: 
Form thereof. "I, A. B., commissioner for taking the census, or enume- 
ration of the inhabitants of the county of (and the 
attached parts thereof, if any) do hereby certify, that 
Jhe schedule hereto annexed, contains an accurate state- 
ment of the whole number of persons resident in the 
said county of (and the attached parts thereof, if 
any,) together with the number and kinds of manufacto- 
ries, 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 enumeration of the inhabitants of the county of (and the attached 

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









Of ten years, and under. 


|] 1st class 



1 

B 

i 
P 


Over ten, and not exceeding twenty years. 


II 2d cla^g 


Over twenty, and not exceeding thirty years. 


II 3d class 


Over thirty, and not exceeding forty years. 


II 4th class 


Over forty, and not exceeding fifty years. 


II 5th class 


Over fifty, and not exceeding sixty years. 


II 6th classj 


Over sixty, and not exceeding seventy years. 


II 7th class 


Over seventy, and not exceeding eighty years. 


II 8th class 


Over eighty, and not exceeding ninety 5 ears. 


II 9th class 


Over ninety years. 


11 1 0th class 


Of ten years and under. 


yilth class 




Over ten, and not exceeding twenty )-ears. 


||12th class 


Over twenty, and not exceeding thirty j^ears. 


1113th class 


Over thirty, and not exceeding forty )-ears. 


1114th class 


Over forty, and not exceeding fifty years. 


|]15th class 


Over fifty, and not exceeding sixty years. 


II 16th class 


Over sixt}', and not exceeding seventy years. 


1117th class 


Over sevent}^, and not exceeding eighty years. 


||18th class' 


Over eighty and not exceeding ninety years. 


11 19th class 


Over ninety years. 


pOth class 


Free male persons of color, of all ages. 


II -213 1 class 


11 


Free female persons of color, of all ages. 


\\2-2d class 


Indentured or registered servants, and their children. 


II 23d class 


French negroes and mulattoes held in bondage. 


||24ih class 


Grand Total. 


1 


Total. 


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


militia. 


Manufactories, Mills, Machines and Distillers. 




manu- 
facto- 
ries, &c. 



CENSUS. 117 

Sec. 4. It shall be the duty of each commissioner, 
when taking any enumeration, as aforesaid, to set down 
the number of all persons, under each appropriate head, 
or description according to the foregoing classification, Militiamen, 
including, also, each person subject to militia duty, as how to be 
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 Aggregates, 
grand total thereof. 

Sec. 5. Each commisf.iener failing or neglecting toj^r jj g^^ 
make proper returns, as aforesaid, or making a false re- commissioner 
turn of the enumeration to the clerk of the circuit court 
of the county, to the secretary of state, and adjutant gen- 
eral, within the time limited by this act, shall forfeit the 
sum of three hundred dollars, recoverable in the circuit How punished. 
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 effectual 
discovery of said offences, the judges of the several cir- 
cuit courts, in this state, at their next term to be held 
after the expiration of the time allowed for making the rp^j^ ^^^ ^^ ^^ 
returns of the enumeration hereby directed, shall give given in charge 
this act in charge to the grand juries of their respective fo the grand 
counties, and shall cause the returns of the commissioner •'"^* 
to be laid before them, for their inspection. 

Sec. 6. Each person, whose usual place of abode 
shall be in any family, on the said first Monday in Sep- ^""^^^^^ ^*'^^^" 
tember, in the year of our Lord one thousand eight hun- commissioner. 
dred and thirty, and on the first Monday in September 
every fifth year thereafter, shall be returned with the 
members of such family; and the name of every person 
who shall be an inhabitant of any county, or the attach- 
ed part thereof, without any fixed place of residence, shall 
be inserted in the county in which he, or she, shall be on 
the said first Monday in September; and every resident 
person who shall be absent from the county, or state, at 
the time of taking any such enumeration, shall be set 
down as belonging to the place where he, or she, usually 
resides in this state. 

Sec. 7. Each free person, over the age of sixteen 
years, whether heads of families, or not, belonging to 
any family, within any county, made or established in 
this state, shall be and hereby is obHged to render to the 



to commis- 
sioner. 



118 CHANCERY. 

Person bound commissioner appointed in said county, if required, a 
Inri'^m-'^^'^'true account, to the best of his or her knowledge, of 

to commission- ' , . . i r •-, ,• ^ 

er. every person belonging to sucn lamily, respectively, ac- 

cording to the several descriptions aforesaid, on pain of 
P It f t forfeiting twenty dollars, to be sued for and recovered, 
doing so. ° ^ by action of debt, by such commissioner, for the use of 
the proper county: Provided^ that in all cases where any 
such fine shall be assessed against any minor, or minors, 
the same shall be paid by his, her or their parent or 
Recovery guardia,n; and in case of his or her refusal to pay the 
thereof. same, an attachment may be issued to enforce the pay- 

ment thereof. 

Sec. 8. Each of said commissioners shall receive at 
Compensation the rate of two dollars for every hundred persons return- 
ed, for the first two thousand; at the rate of one dollar 
and seventy-five cents for each hundred persons return- 
ed, over two, and not exceeding three thousand; at the 
rate of one dollar and fifty cents for the fourth thousand; 
j^t the rate of one dollar and twenty-five cents for the 
fifth thousand, and at the rate of one dollar for each hun- 
dred, over and above five thousand; to be paid out of 
the state treasury, out of any moneys not otherwise ap- 
propriated. 
Duty of these- Sec. 9. The secretary of state shall receive and file 
cretaryofstate, such returns in his ofiice, and return the same to the 
and adjutant gp^aker 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 fiJe the re- 
turns to be made to him of the 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 set:retary of the war department of the United 
States. This act to take eifect from and after its 
passage. 

Approved, January 13, 1829. 



CHANCERY. 

In force June JlJ\f ACT prescribing the mode of proceeding in Chancery, 
1, 1833. 

Section 1. Be it enacted hy the people of the state of Illi- 
nois^ represented in the General Assembly^ That the several 
circuit courts in this state, in all cases of which they may 
have jurisdiction as courts of chancery, shall have power 



CHANCERY. 11« 

to proceed therein according to the mode hereinafter 
prescribed, and where no provision is made by this act, 
in cases that may arise, then according to the general 
usage and practice of courts of equity, or agreeably to 
such rules as may be established by the said courts in 
that behalf. 

Sec. 2. The mode of commencing suits in equity, shall Mode of com- 
be by filing a bill, setting forth the nature of the com- ["^"^cing suit* 
plaint, with the clerk of the circuit court of the county, ^" ^""*^* 
-within whose jurisdiction the defendants, or the major 
part of them, if inhabitants of this state, reside, or if the 
suit may affect real estate in the county, where the same 
or greater part thereof shall be situated: If the defen- 
dants are all non-residents, then with the clerk of the cir- 
•cuit court of any county: Bills for injunctions to stay pro- 
ceedings at law, shall be filed in the othce of the circuit 
<;ourt of the county in which the record of the proceed- 
ings had, shall be. 

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

Sec. 4. Every summons shall be under the si2;natureof ^ ,„„^^„„ 
the Clerk oi the court, issuing the same, and the service oi 
the summons, shall be by delivering a copy thereof to the 
defendant, or leaving such copy at his usual place of abode, 
with some white person of the family, of the age of ten 
years or upwards, and informing such person of the con- 
tents thereof, which service shall be at least ten days be- 
fore the return day of such summons. 

Sec. 5. In all cases, where the complainant at the ,^ th d 
time of issuing the summons or afterwards, shall file in the fendantis a ' 
clerk's office the affidavit of himself, or some credible non-resident, 
person, showing satisfactorily that the defendant resides, f"°^ ^^ 

■u j-i! j_ y .1 • i / 1 . . ■' found, or COB- 

or hath gone out of this state, or on due inquiry cannot ceaighim»»u; 
be found, or doth conceal himself therein, it shall be law- 
12 



)20 CHANCERY. 

ful for the clerk to cause notice of the pendency of such 
suit, the time and place to which the summons is returna- 
hle, before what court, in whose favor, and against 
whom the suit is pending, to be published in one of the 
newspapers printed in this state, for four- weeks succes- 
sively, once at least in every week. But this proceeding 
shall not dispense with the usual exertion, on the part of 
the sheriff, to serve the summons. In case sixty days 
shall not inter\'ene between the filing of the aforesaid 
affidavit, and the next term of the court thereafter, and 
the defendant shall not be served with process, the cause 
shall be continued until the next term. And in case six- 
ty days shall intervene as aforesaid, and the defendant 
shall fail to appear on the return day of the writ, then 
upon satisfactory proof to the court, that publication of 
notice was made as aforesaid, the court may order the 
bill to be taken for confessed. And in case of service of 
process, the like proceedings may be had without proof 
of publication as aforesaid. And if the cause shall be 
continued for the aforesaid cause, then the court at the 
next term, to which the cause is continued, on proof of 
publication of notice or service of process, may order 
the bill to be taken for confessed, if the defendant shall 
not enter his appearance on the first day of such second 
term; and in all cases where the bill shall be taken for 
confessed, the court may make such decree thereon, as 
shall be just, and may issue process to compel its perform- 
ance, either by sequestration of the real and personal 
estate, and effects of the defendant so absent, or con- 
cealed, or not found as aforesaid, or such parts thereof as 
shall be deemed sufhcient to satisfy the claim or demand 
of said complainant, or by causing possession of the es- 
tate or effects demanded by the bill to be delivered to 
the complainant, or may order the complainant's claim or 
demand to be paid out of the estate, and effects so se- 
questered according to the true intent and meaning of 
the decree of the said court, such complainant giving 
sjich securit}-, and in such amount as tiie court may di- 
rect; to abide such order as may l)e made, touching the 
restitution of such estate and effects, in case the defen- 
dant shall afterwards appear, and be admitted to defend 
the suit, upon payment of the costs and siu h other terms 
as the court may direct. If no such security shall be giv- 
en, the estate and effects so sequestered, shall remain 
under the direction of the court, to abide such order as 
shall be Justin the premises. If any person residing out 
of this state as aforesaid, against whom a decree is, or 
ehall be made, his heirs, devisees, executor, administrator, 



CHANCERY. 121 

or assigns, as the case may require, shall, within one year 
after notice in writing given him or them of such de- 
cree, or within three years after such decree, if no such 
notice shall have been given as aforesaid, appear in open 
court and petition to be heard, touching the matter of 
such decree, and shall pay such costs as the court shall 
deem reasonable in that behalf the person so petitioning: 
may appear and answer the complainant's bill, and 
thereupon, such proceedings shall be-had as if the defen- 
dants had appeared in due season, and no decree had 
been made. The decree shall, after three years from 
the making thereof, if not set aside in manner aforesaid, 
be deemed and adjudged confirmed against such non- 
resident, and all persons claiming under him by virtue 
of any act done subsequent to the commencement of such 
suit; and at the end of the said three years, the court 
may make such further order in the premises as shall 
be required, and shall be just. 

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

Sec. 7. The judges of the said circuit courts may. In whai casej! 
from time to time in their several circuits, establish rules i'^J-^^^^ may es- 
for proceedings in taking a bill for confessed, in every J^^octedinL^ °- 
other case not otherwise provided for by law ;and also for the 
proceedings necessary to entitle either party to a decree 
or order against the opposite party by default, and in suck 
cases as may occur, where, according to the justice anc* 
necessity of the case, the same may be required: Noth 
ing herein contained shall affect proceedings for divorce 
in case of adultery, but such proceedings shall be prose- 
cuted according to the statutes regulating tlie same, so 
far as provision shall have been made. 

Sec. 8. Every defendant who shall be summoned ac- piea or answer 
cording to the provisions of this^act, shall file his excep- when to be 
tions, plea, demurrer, or answer to the bill at the time to ^^^'^* 
which the process of summons shall be returnable; if he 
fail to do so, the bill may be taken for confessed; but for 
good cause shewn, the court may extend the tim.e for ex- 
cepting or pleading, and the court may thereupon enter 
an interlocutory decree, which may be made absolute at 
the next term, and carried into effect as other final de- 



132 CHANCERY, 

crees. If the defendant shall appear at the next tern* 
and offer to file his answer to the bill, the court may per- 
mit him to do so, upon his showing sufficient cause, and 
paying the costs of the preceding terms; in such case, the 
decree shall be vacated, and the cause may be proceeded 
in as in other cases. 
When hiJi is ta- Sec. 9. Where a bill is taken for confessed, the court, 
ken for con- before a final decree is made, if deemed requisite, may 
^^^ * order the complainant to produce documents and wit- 

nesses to prove the allegations of his bill, or may e:^a- 
mine him on oath or affirmation, touching the facts therein 
alleged, such decree shall be made in either case as the 
court shall consider equitable and proper. 
Anyvvertobe ^EC. lO. Every answer ghall be verified by an oath or 
Twified by oaib. affirmation, taken before and certified by a judge or jus- 
tice of the peace in this state, or the clerk of the court, 
in which the action is pending, or before a judge or jus- 
tice of the peace, or other person authorized to adminis- 
ter an oath in the state, territor}^, kingdom, or empire, in 
\vhich the defendant may be, or reside ; the official char- 
acter of such officer, if out of this state, being attested by 
the seal of some court of record, within such state, terri- 
tory, kingdom, or empire. 
Whenadjudg- Sec. 11. When an answer shall be adjudged insuffi- 
»d insufficient, cient, the defendant shall file a further answer within 
such time as the court shall order, and on failure thereof, 
the bill shall betaken as confessed; if such further answer 
shall be Hkewise adjudged insufficient, the defendant shall 
file a supplemental answer, and pay all costs attendant 
thereon; if that shall be adjudged insufficient, thej^defen- 
dant may be proceeded against for a contempt, and the 
hke proceedings be had thereon to enforce the order of 
the court, as in other cases of contempt. 

Sec. 1*2. Every defendant shall answer all the inter- 
rogatories put to him by the complainant in his bill, un- 
less excepted to; and after filing his answer, may exhibit 
interrogatories to the complainant, which shall be an- 
swered by him, specially, on oath or affirmation, unless 
excepted to as improper, and such exceptions allowed, 
and the complainant's answer shall be evidence in the 
cause, in the same manner as the defendant's answer. 
Sec. 13. All exceptions to answers, or interrogatories 
SSTht- exhibited by the defendant as aforesaid, shall be filed 
terrogatories within sucli time as the court may direct, and may be ar- 
when to btj g^g^ ^^ ^^^i^ l^jj-j(. as tiie court may appoint. If the com- 
^^^^' plainant's exceptions be overruled, he shall pay costs to 

the defendant; and if the defendant's answer be;adjudged 
insufficient, he shall pay costs to the complainant. 



CHANCERY. i23 

Sec, 14. Replications shall be filed within four days Replication, 
after answer, if such answer be put in [in] term time; or 
if in vacation, then the plaintitf or his attorney shall 
have notice of the fihng of the answer, and which shall 
be general, and all parties shall have the same advanta- 
ges, as if they were special, and after replication filed, 
the cause shall be deemed at issue, and stand for hearing 
at the next term, or in default of filing such rephcation, 
the cause may be set for hearing upon bill and answer^ 
in which case the answer shall be taken as true, and no 
evidence shall be received, unless it be matter of record 
to which the answer refers. When the complainant 
shall require a discovery respecting the matters charged 
in the bill, the disclosure shall not be deemed conclusive, 
but if a rephcation be filed, may be disproved or contra- 
dicted like any other testimony, according to the practice 
of courts of equity. 

Sec. 15. The said circuit courts, when sitting ^ ^^^^^^ ^^^^^^^l^^^' 
of equity, may extend the time for answering, replying, ^n"swering? 
pleading, demurring, or joining in demurrer, and may 
permit the parties to amend their bills, petitions, pleas, 
answers, and replications, on such terms as the court may 
deem proper, so that neither party be surprised or de- 
layed thereby. 

Sec. 16. The said circuit courts may, in their discretion, May direct 
direct an issue or issues, to be tried by a jury whenever it J^^^q w^jury. 
shall be judged necessary in any case in equity, pending 
in any of the said courts. In all other cases in equity, 
the mode of trial shall be the same as has been hereto- 
fore practised in courts of chancery. 

Sec. 17. If in any suitor action now pending, or which 
shall hereafter be brought in any court of chancery, there Complainants 
are or shall be two or more complainants or defendants, ^"^ ^^^^"'^^^^^ 

wn6rc one or 

and one or more of them die, (if the cause of such action ^ore die. 
or suit survive to the sursdving complainant or complain- 
ants, or against the surviving defendant or defendants,) 
such suit or action shall not thereby be abated, but such 
death being suggested and shewn to the satisfaction of 
the court, such suit or action shall proceed at the suit of 
the surviving complainant or complainants, and against 
the surviving defendant or defendants. 

Sec. 18. Where there shall be two or more complain- 
ants or defendants, in any suit or action in chancery as When cause of 
aforesaid, and any of them die, and the cause of action ^^^?" ^°^^ ^^*' 
do not survive, but other persons shall become parties in ^"^^^^' 
interest, in right, or by the death of such deceased party, 
such suit or action shall, by reason of such death, be abat- 
ed only with respect to such deceased party. The surviy- 

12* 



124 CHANCERY. 

ing complainant or complainants may proceed against 
the surviving defendant or defendants without reviving 
the suit against the representatives of the deceased par- 
ty, or any other who may become interested by the death 
of such party; but in such case, such representatives or 
other persons becoming interested by the death of such 
party, shall not be bound by any order or decree in such 
cause to which they are not made parties; and they may 
be made parties in the manner hereinafter provided. 

Sec. 19. In all cases where all the complainants or de- 
fendants, in any suit noT\; pending, or hereafter to be 
brought in any court of chancery, sliall die before final 
decree, such suit or action shall not thereby be abated, 
but may be re\ived in the name of the legal representa- 
tives of the deceased, or other person becoming interest- 
ed in the cause of action by the death of such party. 
When repre- Sec. 20. Where any complainant or complainants in 
sentatives are any suit in chancery shall wish to make the representa- 
nfadepartie^s. ^^^^ ^^ ^^3' deceased defendant, or otliers who may be- 
come interested by the death of such defendant parties 
to such suit, no bill of revivor shall be necessar}^, but such 
death being suggested, and shewn to the satisfaction 
of the court, or clerk in vacation, a summons in the na- 
ture of a scire facias may be issued against all persons 
residing in this state, so to be made parties; such court 
or clerk may make an order of publication, as to all such 
as are non-residents, or whose names are unknown, in 
the same manner as in case of non-resident, or unknown 
original defendants, which summons shall be sensed and 
returned, and such order published in the same manner, 
and with the like effect to all intents and purposes as is 
required in like cases of summoning or notiiying original 
defendants. If any person so summoned or notified shall 
not, within such time after service or publication as the 
court shall limit or appoint, appear and put in his an- 
swer, or signify his disclaimer of the suit and the matters 
in controversy therein, the complainant or complainants 
may cause his appearance to be entered, and in such 
case the answer of the deceased party, if any there be, 
shall be deemed and taken as and for the answer of such 
representatives or other person summoned or notified as 
aforesaid; if there be no answer, proceedings shall be 
had in all respects against such person, as if he had been 
originally a defendant: when such deceased party shall 
have been complainant, in any such suit pending as afore- 
said, the lawful representative of such deceased com- 
plainant, or any other person or persons who may have 
become interested in the cause of action by the death of 



CHANCERY. 125^ 

« 

such complainant, shall and may, upon affidavit thereof 
by him or them, or by any other competent person, and 
on motion made in court, be, by the rule and order of the 
court, inserted as a complainant or complainants, in the 
said suits, and be permitted to make such amendments in 
the bill, as his, her, or their title or interest therein may 
require; to which amendments the defendants shall be 
compelled to answer as to the original bill; if such per- 
son or persons shall not, within such time as the court 
shall limit and appoint, cause himself, herself, or them- 
selves to be entered as complainant or complainants in 
the room of such deceased complainant, then the survi- 
ving complainants, (if any,) shall proceed in such suit 
against the defendant or defendants: If there be no such 
surviving complainant, and the representatives of the 
deceased complainant, or other persons interested, shall 
not appear as aforesaid, the suit shall be abated. 

Sec. 21. . Whenever a decree shall be made in any suit when a decree 
in equity, directing the execution of any deed or other shall direct the 
writing, and the party against whom the same shall have execuUon of a . 
been entered shall not comply therewith, within the time ^^ * 
required, it shall be lawful for the court to appoint a 
commissioner to execute the same ; the execution thereof 
by such commissioner shall be as valid in law to pass, 
release, or extinguish the right, title, and interest of the 
party on whose behalf it is executed, as if it had been 
excuted hj such party in proper person, in conformity 
with such decree; and such deed or other writing, if it 
relate to land, shall, within six months after its execution 
by such commissioner, be recorded in the office of the re- 
corder of the county wherein the lands may lie; and if it 
be not recorded as aforesaid, it shall be void as to subse- 
quent bona fide purchasers, without notice. In all cases 
where a -sale of property is decreed, the court may direct 
the same to be made for cash, or on such credit, and on 
such terms as it may deem best and most equitable to the 
interests of the several parties. 

Sec. 22. All decrees given in causes in equity in this Decrees ^haii 
state, shall be a lien on real estate, and shall have the be liens' on real 
same force and effect as judgment at law. If no com- estate, 
missioner be appointed to carry such decree into effi^ct, 
such decree may be carried into effect by execution or 
other final process, according to the nature of the case, 
directed to the sheriff or other officer of the proper 
county; which when issued, shall be executed and return- 
ed by the sheriff or other officer to whom it may be di- 
rected, and shall have the same operation and force, as 
similar writs issued upon a judgment at law. The sheriff. 



126 



CLERKS. 



or other officer to whom the same is directed, shall be 
subject to the like penalties and recoveries for miscon- 
duct or neglect in the execution or return thereof, as in 
cases at law; or the court may, if necessary, direct an 
attachment to be issued against the party disobeying 
such decree, and fine or imprision him, or both, in the 
discretion of the court, and may also direct a sequestra- 
tion for disobedience of any decree. 
Court may ap- Sec. 23. In any cause in equity it shall be lawful for 
point a guardi- the court in which the cause is pending to appoint a 
an ad litem. gxidivdii?iii ad litem, to any infant, or insane defendant in 
such cause, whether such infant or insane defendant shall 
have been served with process or not, and to compel the 
person so appointed to act. By such appointment such 
person shall not be rendered liable to pay costs of suit; 
and he shall moreover be allowed a reasonable sum for 
his charges as such guardian, to be paid by the party at 
whose motion he was appointed, to be taxed in the bilL 
of costs. 

Sec. 24. All acts and parts of acts coming within the 
^ ^ ' intent, spirit, and meaning of this act, and the objects 
and proceedings to which it relates, and heretofore in 
force in this state, are hereby repealed. No proceed- 
ings, however, had, or rights secured under them, shall 
be in any way impeded or impaired, but may be prose- 
cuted and enforced as if this act had not taken effect. 
This act to take effect on the first day of June next. 

Approved, Feb. 13, 1833. 



CLERKS. 



In force Feb. 
9, 1831. 



May appoint 
deputies. 



To attend in 
person when 
pfacticable. 



AJV ACT to authorize Clerks of the circuit and county 
commissioners^ court to appoint deputies in certain cases. 

Sec. 1. Be it enacted by the people of the state of Illinois, 
represented in the General Assembly,- That the several 
clerks of the circuit and county commissioners' courts, in 
this state, be, and they are hereby authorized to appoint 
deputies, who shall severally take an oath for the faith- 
ful discharge of the duties of their office, and for whose 
conduct the principal clerk shall, in all cases, be re- 
sponsible. 

Sec. 2. The principal clerk shall, in all cases, attend in 
person to the duties of his office, when it is practicable, 



CLERKS. 1)W 

or when the duties of the office are not greater than can 
be performed by one person. 

Sec. 3. Whenever anj clerk, as aforesaid, shall reside q^^^^^ ^^ ^ggi^jg 
at such a distance from the seat of justice of his county at or near seat 
that he cannot give his daily attendance to the duties of of justice, 
his office, and shall not, within six months from the pas- 
sage of this act, remove to the county seat, or within 
such a distance that he can and will give his daily atten- 
dance to the duties of his office, the office shall be taken 
and deemed vacant; and the presiding judge of the cir- ^^ ^^^.^^.^ ^.^ 
cuit court, and the county commissioners' court, at their office, 
first session, after being informed of the fact, shall pro- 
ceed to fill such vacancy. This act to take effect from 
and after its passage. 

Approved, Feb. 9, 1831. 



A JV ACT to compensate Clerks and other persons for services In force Fe&> 
rendered in comparing poll books, ' 1833.^ 

Sec. 1. Be it enacted hy the people of the state of Illinois^ 
represented in the General Assembly^ That in all elections of, 
members to the general assembly, which may take place members of 
hereafter, when different counties vote in conjunction, gen. assembly 
it shall be the duty of the county commissioners' courts of ^o^^ties^^ oS^ 
the counties so voting, to appoint their clerk, or some to<^ether, 
other suitable person, whose duty it shall be to carry the 
vote of each county, to the place appointed for compar- 
ing the polls, and it shall be the duty of the county com- 
missioners' court of the county where the polls are so 
compared, to compute the number of miles each clerk or 
other person shall travel in going and returning from the 
county where he is so appointed, to the place of compa- 
ring the polls; and it shall be the duty of the county com- 
missioners' court, where the polls are so compared, to 
make an allowance to said clerks or other persons, who 
miay take the vote of each county, as aforesaid, a com- 
pensation, not exceeding six cents per mile, going to and Clerks allowed 
returning from said place of comparing, to be paid '^^<^^®" 
equally out of the county treasuries of the respective 
counties in which said clerk or other person may be ap- 
pointed; and it shall be the further duty of the county 
commissioners' courts when the polls are so compared, to 
make an estimate of all the expense so incurred by the 
counties respectively voting together, and divide the same 
jajDOiong said counties so voting respectively, and shall giva 



128 CLERKS. 

to each clerk or other person a certified statement of the 
same, under the seal of said court; and it shall be the du- 
ty of the county commissioners' court of the county 
where said clerk or other person shall be appointed, on 
the production of said certified statement, to pay to said 
clerk or other person the amount which appears to be 
due him out of the county treasury. 

wu^.. .. .•.= Sec. 2. In all cases where sendees have been render- 

>> here service j i i i i 

has been ren- ^d by clerks or other persons, at the last general elec- 

dered and not tions, and for which compensation has not already- been 

allowed. allowed, it shall be the duty of the respective courts to 

make the allowance herein provided for by the first sec 

tion of this act. 

Approved, Feb. 25, 1833. 



In force Feb. AJV ACT requiring Clerks of courts to renew their official 
26,1833. ^ bonds periodically. 

Sec. 1. Be it enacted hj the people of the state of Illinois j 

represented in the General Assemhly, That at the Septem- 

Clerks of the ]^qj. term of the county commissioners' courts, in the year 

n^on" i^courts^' ^ig^'^^^^^ hundred and thirty-three, the clerks of the se- 

required to re- veral county Commissioners' courts of this state, shall 

new their bonds j^-gnew their offi^rial bonds, with security, to be approved 

by the courts of which they are clerks, in the penalty 

and conditioned, as required by law; which bond, when 

approved, shall be spread upon the records; and such 

clerks shall be required every four years thereafter, to 

give a new bond, to be approved and spread upon the 

record in like manner. 

Sec. 2. The clerks of the circuit and supreme courts 
CJlcrks of the Qf this state are hereby required, on or before the fall or 
c3coun7shall ^^^"^^^^ *^^^^' ^'^ *^^^ y^^'^ eighteen hundred and thirty- 
renew their three, to renew their official bonds, with security, to be 
bonds. approved of by the courts of which they are clerks, in the 

penalty and conditioned, as required by law; which 
bond shall be spread upon the records ol the courts of 
which they are clerks respectively; and every four years 
thereafter, such clerks shall renew their official bonds, 
with security, penalty and condition as aforesaid; and 
to be spread upon the records in like manner. 
Said bonds to Sec. 3. When any such bonds shall be given, it shall 
be filed in the be the duty of the clcrk immediately to transmit the* 
^Sreu^of ^^^^ ^^ ^^^ <>ffic^ ^^ secretary of state, who shall tile 
state, swid preserve the same in his office; and if any clerk shall 



CONVEYANCES. 120 

fail to give, or renew his official bond, as required by 
this act, it shall be the dut}^ of the court of which he is 
clerk, thereupon, to remove him from office. 

Approved, Feb. 26, 1833. 



CONVEYANCES. 

AN ACT co7icerning cowveyances of Real Property, 

Sec. 1. Be it eriacted by the people of the state of Illinois^ 
represented in the General Assembly^ That livery of seizin 
shall in no case be necessary for the conveyance of real unnew^sary '^"^ 
property; but every deed, mortgage, or other conveyance 
in writing, signed and sealed by the party making the 
same, the maker or makers being of full age, sound mind, 
discovert, at large, and not in duress shall be sufficient, 
without livery of seizin, for the giving, Ranting, selling, * 
mortgaging, leasing or otherwise conveying or transferring 
any lands, tenements, or hereditaments in this state; so as 
to all intents and purposes, absolutely and fully to vest in 
every donee, grantee, barga,inee, mortgagee, lessee, or 
purchaser, all such estate or estates as shall be specified in 
any such deed, mortgage, lease, or other conveyance: 
Nothing herein contained shall be so construed as to di- 
vest or defeat the older or better estate or right of any 
person or persons, not party to any such deed, mortgage, 
lease, or other conve} ance. 

Sec. 2. Every estate, feoffirnent, gift, grant, deed, mort- 
gage, lease, release, or confirmation of lands, tenements, -^^^ 
rents, services, or hereditaments made or had, or hereaf-^ ^' 
ter to be made or had, by any person or persons being of 
full age, sound mind, discovert, at large, and not in duress 
to any person or persons; a,nd all recoveries, judgments, 
and executions had or made, or to be had or made, shall 
be good and effectual to him, her, or them to vv^hom it is, 
or shall be so made, had, or given, and to all others ; to his, 
her, or their use, against the judgment debtor, seller, feoff- 
or, donor, grantor, mortgagor, lessor, releasor, or confirm- 
.or, and against his, her, or their heirs, or heirs claiming 
the same, only as heir or heirs, and every of them; and 
against all others ha^dng or claiming any title or interest 
in the same, only to the use of the same judgment debtor, 
seller, feoffor, donor, grantor, mortgagor, lessor, releasor, 
or confirmor, or his, her, or their said heirs, at the time of 
the judgment, execution, bargain, sale, mortgage, cove- 
nant, lease, release, gift, or grant made. 



Effects of con- 



130 CONVEYANCES. 

Operation of ^ec. 3. Where any person or persons stand or be seiz- 
««^&c.'^^^ ° ed, or at any time hereafter shall stand or be seized of, and 
in any messuages, lands, tenements, rents, ser\ices, rever- 
sions, remainders, or other hereditaments, to the use, con- 
fidence, or trust of any other person or persons, or of any 
body politic, by reason of any bargain, sale, feoffment, 
fine, recovery, covenant, contract, agreement, Tsill,or oth- 
erwise, by any manner of means whatsoever; in every such 
case, all and every such person or persons, and bodies poli- 
tic, that have, or hereafter shall have any such use, con- 
fidence, or trust in fee simple, for term of life or for years, 
or otherwise, or any use, confidence or trust in remainder 
or reversion, shall from thenceforth stand and be seized, 
deemed and adjudged, in lawful seizin, estate and posses- 
sion of, and in the same messuages, lands, tenaments, rents, 
services, reversions, remainders, and hereditaments, with 
their appurtenances, to all intents, constructions, and pur- 
poses in law, of, and in such like estates, as they had or 
shall have in use, confidence or trust, of, or in the same ; 
and that the estate, right, title, and possession, that was or 
shall be in such person or persons that were, or hereafter 
shall be seized of any lands, tenaments, or hereditaments, 
to the use, confidence, or trust of any such person or per- 
sons, or of any body politic, be from henceforth clearly 
deemed and adjudged to be in him, her, or them, that 
have, or hereafter shall have such use, confidence, or trust, 
after such quality, manner, form, and condition, as they 
had before in, or to the use, confidence, or trust that was 
or shall be in them. 

Sec. 4. Any "person claiming right or title to lands, 
▼aUcr^nmwUh- teiicn^enls, or hereditaments, although he, she, or they 
standing ad- Hiay be out of posscssion, and notwithstanding there may 
verse possession be an adverse possession thereof, may sell, convey, and 
transfer his or her interest in and to the same, in as full 
and complete a manner as if he or she were in the actu- 
al possession of the lands and premises intended to be 
conveyed; and the grantee or grantees shall have the 
same right of action for the recovery thereof; and shall 
in all respects derive the same benefit and advantage 
therefrom, as if the grantor or grantors had been in the 
actual possession at the time of executing the conversance. 
Sec. 5. No estate in joint tenancy, in any lands, tene- 
Whoma be "^^^^^s or hereditaments, shall be held or claimed under 
joint tenaiits & ^ny grant, devise, or conveyance, whatsoever, heretofore 
how created, or hereafter made, other than to executors and trustees, 
unless the premises therein mentioned, shall expressly be 
thereby declared to pass, not in tenancy in common, but 
in joint tenancy; and every such estate, other than to 



CONVEYANCES. t31 

executors or trustees, (unless otherwise expressly declared 
as aforesaid,) shall be deemed to be in tenancy in common. 

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

Sec. 7. If any person shall sell and convey to another, ^ 
by deed or conveyance, purporting to convey an estate in after^omey-^ 
fee simple absolute, in any tract of land or real estate, ance inures to 
lying and being in this state, not then being possessed of g^^"^^^» 
the legal estate or interest therein at the time of the sale 
and convej'ance, but after such sale and conveyance, the 
vendor shall become possessed of, and confirmed in the 
legal estate, to the land or real estate so sold and convey- 
ed, it shall be taken and held to be in trust, and for the 
use of the grantee or vendee; and the conveyance afore- 
said shall be held and taken, and shall be as valid as if 
the grantor or vendor had the legal estate or interest, at 
the time of said sale or conveyance. 

Sec. 8. Every deed conveying real estate, which by j)^^^,^^^^^^^. 
any other instrument in writing, shall appear to have sance to be re- 
been intended only as a security in the nature of a mort- corded in thirty 
gage, though it be an absolute conveyance in terms, shall ^^■' 
be considered as a mortgage; but the person or persons 
for whose benefit any such defeasance, or other writing, 
intended to operate as a defeasance is made, shall not 
have the benefit thereof, unless the defeasance or other 
writing intended to operate as such, shall be recorded in 
the ofiice in which the absolute deed is required to be re- 
corded, within thirty days after such absolute deed is 
recorded. 

Sec. 9. Every deed, grant, bargain, conveyance, mort- au deeds or 
gage, defeasance, bond, covenant, or other writing of, and other writings 
concerning any lands, tenements, hereditaments, or real^o"^™g 
estate, within this state, whereby the same maybe affect- j^fo^i^rig^^'^or 
ed in law or equity, (may, in order to entitle any of the proved before 
before enumerated writings to be recorded,) be acknowl- recorded. 
edged by the party or parties executing the same in pro- 
per person, or by hisjher, or their lawful attorney, authoriz- 
13 



132 *. CONVEYANCES. 

ed by power in writing for that purpose specially, or prov- 
ed by one or more of the subscribing witnesses thereto, 
before one of the judges of the supreme or circuit court 
of this state, or before one of the clerks of the circuit 
court, and certified by such clerk, under the seal of the 
said court, or before one of the justices of the peace of 
the county where the land intended to be affected or con- 
veyed shall lie; but where the party or parties executing 
such writing live or be out of this state, the same may 
^ be acknowledged before one of the judges of the supreme 
demsmTy'c^i-^i' district court of the United States or of the superior 
vey land in this courts in any of the United States or territories, or before 
state. any clerk of any court of record, in any of the United 

States or their territories, and certified by such clerk un- 
der the seal of the court. 

Sec. 10. All acknowledgments and proofs of any deedg, 
And how au- conveyances or \^Titings made as aforesaid, by persons, 
thenticated. ^^^^^ ^j. j-^siding out of the United States at the time 
of the execution thereof, for the conveyance of any lands 
in this state, taken or made before the mayor or chief 
officer of any city in the kingdom or government, where 
the party or parties executing the same may reside or be, 
and duly certified under the seal of office of the said 
maj'Or or principal officer, shall be of like force and va- 
lidity; and entitle the same t© be recorded, as if the same 
were acknowledged in the manner prescribed in the pre- 
ceding section of this act. 
Dut'of the ^^^' ^^' No judge or other officer shall take the ac- 

judge or other knowledgmentof any person to any deed or instmment of 
officer, taking writing as aforesaid, unless the person offering to make 
menror"°roof'^ such acknowledgment shall be personally known to him 
of deeds. to be the real person who, and in whose name such ac- 

knowledgment is proposed to be made, or shall be proved 
to be such, by a credible witness, and the judge or officer 
taking such acknowledgment shall, in his certificate there- 
of, state, that such person was personally known to him 
to be the person whose name is subscribed to such deed 
or writing, as having executed the same, or that he was 
proved to be such by a credible witness, (naming him,) 
and on taking proof of any deed or instrument of wri- 
ting by the testimony of any subscribing witnesses, the 
judge or officer shall ascertain, that the person who offers 
to prove the same, is a subscribing witness, cither from 
his own knowledge, or from the testimony of a credible 
witness; and if it shall appear from the testimony of such 
subscribing witness that the person whose name appears 
subscribed so such deed or writing, is the real person who 
executed the same, and that the witness subscribed his 



CONVEYANCES. 133 

name as such, in his presence and at his request, the 
judge or officer shall grant a certificate, stating that the 
person testifjdng as subscribing witness was personally 
known to him to be the person whose name appears sub- 
scribed to such deed as a witiiess of the execution there- 
of, or that he was proved to be such by a credible wit- 
ness, (naming him) and stating the proof made by him; 
and where any grantor or person executing such deed or 
writing and the subscribing witnesses are deceased, or 
cannot be had, the judge or officer, as aforesaid, may take 
proof of the hand writing of such deceased party and 
subscribing witness or witnesses (if any) and the exami- 
nation of a competent and credible witness, who shall 
state on oath or affirmation, that he personally knew the 
person, whose hand writing he is called to prove, and well 
knew his signature, (stating his means of knowledge,) 
and that he believes the name of such person subscribed 
to such deed or writing, as party or witness, (as the case 
may be,) was thereto subscribed by such person; and when 
the hand writing]of the grantor or person executing such 
deed or writing, and of one subscribing witness, (if any 
there be,) shall have been proved as aforesaid, the judge 
or officer shall grant a certificate thereof, stating the 
proof aforesaid. 

Sec. 12. It shall and may be lawful for any married Rgiinquish- 
woman to release her right of dower, of, in, and to anymentofdowo* 
lands and tenements, whereof her husband may be pos- 
sessed or seized, by any legal or equitable title during 
coverture, by joining such husband in the deed or con- 
veyance, for the conveying of such lands and tenements, 
and appearing and acknowledging the same before any 
judge or other officer authorized to take acknowledg- 
ments by this act; and it shall be the duty of such judge 
or other officer, if such woman be not personally known 
to him, to be the person who subscribed such deed or con- Identity of 
veyance, to ascertain the same by the testimony, of at least Sne^cr """ 
one competent and credible witness; and upon being 
satisfied of that fact, shall acquaint such woman with the 
contents of the deed or conveyance, and shall examine 
her separate and apart from her husband, whether she 
executed the same, and relinquished her dower to the 
lands and tenements therein mentioned, voluntarily, free- 
ly, and without compulsion of her said husband; and if 
she acknowledge that she executed the same, and relin- 
quishes her dower in the lands and tenements therein 
mentioned voluntarily and freely and without the com- 
pulsion of her husband, such judge or other officer shall 
grant a certificate, to be endorsed on, or annexed to such 



134 ^ CONVEYANCES. 

deed, stating (liat such woman was personally known to 
Certificate, ^im, OF was proved bj a witness, (naming him,) to be the 
person who subscribed such deed or writing; and that 
she was made acquainted with the contents thereof, aad 
was examined, and acknowledged such deed as aforesaid; 
which, being recorded, together with the deed, duly 
Effect of. executed and acknowledged by the husband according to 
law, shall be sufficient to discharge and bar the claim of 
such woman to dower, in the lands and tenements con- 
veyed by such deed or conveyance. 

Sec. 13. When any husband and wife residing in this 
Husband and ^^^^^' ^^^^^^ ^'^^^^ *^ convey the real estate of the wife, it 
wife may con- shall and may be lawful for the said husband and wife, 
vey real estate she being above the age of eighteen years, to execute 
" ^-^''''^^' any grant, bargain, sale, lease, release, feoffinent, deed, 
conveyance, or assurance, in law whatsoever, for the 
conveying of such lands, tenements, and hereditaments; 
and if after the executing thereof, such wife shall appear 
before some judge or other officer, authorized by this act 
Ackuowiedg- to take acknowledgments, to whom she is known, or 
mcnts. proved by a credible witness to be the person who exe- 

cuted such deed or conveyance, such judge or other offi- 
cer shall make her acquainted with, and explain to her 
the contents of such deed or conveyance, and examine 
her separate and apart from her husband, whether she 
executed the same voluntarily, freely, and without com- 
pulsion of her said husband; and if such woman shall, 
upon such examination, acknowledge such deed or con- 
veyance to be her act and deed, that she executed the 
same voluntarily and freely, and without compulsion of 
her husband, and does not wish to retract, the said judge 
or other officer shall make a certificate endorsed on, or 
annexed to such deed or conveyance, stating that such 
woman was personally known to the said judge or other 
officer, or proved by a witness, (naming him,) to be the 
person who subscribed such deed or conveyance, and set- 
ting forth that the contents were made known and ex- 
plained to her, and the examination and acknowledgment 
aforesaid; and such deed, (being acknowledged or proved 
according to law as to the husband,) shall be as effectual 
in law as if executed by such woman while sole and un- 
married. No covenant or warranty contained in any 
iT^or^n?!! ^^' such deed or conveyance, shall in any manner bind or 

jy as a cjuii- ^y, - ,*' ' I • r 1 

claim as to the aitect such married woman, or her heirs, further than to 
v.ife. convey from her and her heirs effectually, her right and 

interest expressed to be granted or conveyed in such deed 

or conveyance. 
Sec. 14. Where any feme covert, not residing in this 



CONVEYANCES. 135 

state, being above the age of eighteen years, shall join Feme coverts 
with her husband, in any deed, mortgage, conveyance, Jf-f^^f^^^^^^"^^^ 
or other writing of, or relating to any lands or real estate to convey. 
situated within this state, she shall thereby be barred of, 
and from all claim of dower, and all other interest, claim, 
seizin, right, and title therein, in like manner as if she 
were sole and of full age; and the acknowledgment or 
proof of such deed, mortgage, conveyance or other wri- 
ting, may be the same, as if she were sole, and shall enti- 
tle such deed, mortgage, conveyance, or other writing, 
to be recorded, as is authorized by this act. 

Sec. 15. All grants, bargains, sales, leases, releases, 
mortgages, defeasances, conveyances, bonds, contracts, ^^^^^ '^^ ^^ ^^' 
and agreements, of and concerning any lands, tenements, s°aie^ recmder] 
or hereditaments, or whereby the same may be affected as to lands of 
in law or equity, whether executed within or without this non-resident? . 
state, shall be recorded in the recorder's office in the 
county where such lands, tenements, or hereditaments 
are lying and being, within twelve months after the exe> 
cution of any such writings; and every such writing, that 
shall, at any time after the publication hereof, remain 
more than twelve months after the making of such writing, 
and shall not be proved and recorded as aforesaid, shall 
be adjudged fraudulent and void against any subsequent 
bonajide purchaser or mortgagee, for valuable considera- 
tion, unless such deed, conveyance, or other writing be 
recorded as aforesaid, before the proving and recording 
of the deed, mortgage, or writing, under which any such 
subsequent purchaser or mortgagee shall claim. 

Sec. 16. All powers or letters of attorney, or agrency, t> 

.1 . . ,1 ■'^ J. IT . *' ' P -^^ Powers of attor- 

authorizmg tae granting, sellmg, conveymg, assurmg,re-ney to berecor- 
leasing, or transferring, or for the executing or acknowl-ded. 
edging of any grants, sales, leases, assurances, or other 
conveyances, or writings whatsoever, concerning any 
lands and tenaments, or whereby the same may be affect- 
ed in law or equity, shall be acknowledged or proved, 
and recorded as herein before required in cases of deeds 
and other assurances, after which, all grants, conveyances, 
and assurances, made and acknowledged, pursuant to the To be acknowi- 
powers granted, unless the same be revoked by a deed, edged or proved 
duly acknowledged and proven, and recorded as afore- 
said, shall be as valid and effectual as if executed and 
acknowledged by the constituent or constituents. 

Sec. 17. Every deed, conveyance, or other writing, of,!)^^,^^ ^..^eji,,, 
or concerning any lands, tenements, or hereditaments, recorded or not 
which, by virtue of this act, shall be required or entitled "^^y ^^ ^^ad in 
to be recorded as aforesaid, being e^nowledged or prov- ^"^^"^^• 
ed according to the provisions of this act, whether the 
13* 



1^^* CONVEYANCES. 

same be recorded or not, may be read in evidence with- 
out any further proof of the execution thereof, and if it 
shall appear to the satisfaction of the court, that the ori- 
Whtii the ori- g^inal deed so acknowledged or proved, and recorded, is 

Spy frolnihe ^^^^ ^"^ "^""^ ^"^ *^^^ P^""'"^'' ""^ *^^ P^^^^^^ wishing to use it, a 
ivcord may be transcnpt of the record thereof, certified by the recorder 
read in ' in whose officc the same may be recorded, may be read 
.vidence. in evidence, in any court of this state, without proof 

thereof. 
Acts repealed. Sec. 18. All acts and parts of acts coming within the 
purview of this act, are hereby repealed. 

This act to takejsffect from the first day of July next.. 

Approved, Jan. 31, 1827. 



Jn force De- •^^ ACT authorizing Courts of Chancery to decree convey- 
?inber 37, ances in certain cases* 



\S-IL 



Sec. 1. Be it enacted by the people of the state of Illinois^ 
represented in the General Assembly^ That where any per- 
son or persons, who have heretofore entered, or may here- 
after enter, into any contract, bond, or memorandum, in 
writing, to make a deed or title to land in this state, for 
a valuable consideration, and shall depart this life, or have 
died heretofore, without having executed and delivered 
said deed, it shall and may be lawful for any court hav- 
ing chancery jurisdiction, in the proper circuit in which 
such case shall arise, to make decree compelling the ex- 
ecutors or administrators of such deceased person to exe- 
cute and deliver such deed to the party having such equi- 
table right, as aforesaid, to the same, or his heirs, accord- 
ing to the true intent and meaning of said contract, bond, 
or memorandum, of the deceased; and all such deeds 
shall be good and vahd in law. 

Sec 2. That it shall not be lawful for any court to 
make such decree as aforesaid, except upon the petition 
in writing of the person entitled to the benefit of the 
same, or his heirs, setting 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 given reasonable no- 
tice of the time and place of such apphcation,to the ex- 
ecutors, administrators, and heirs of such person so de^i 
ceased as aforesaid, and shall have fully paid, discharged, 
and fulfilkd'tlie consideration of such contract, bond, or 



CONVEYANCES. 137 

memorandum, in writing, according to th« true intent, 
tenor, and effect thereof. 

Sec. 3. That in all cases where any minor heirs shall 
be interested in such proceeding, as aforesaid, reasonable 
notice of such application shall be given to the guardian 
or guardians of such minors; and if there shall be no 
guardian, then the said court shall appoint a guardian or 
guardians, to litigate 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 afore- 
said, in his or her life time, for the conveyance of land, 
for a valuable consideration, when such consideration has 
been paid and fulfilled as aforesaid, may, upon applica- 
tion in writing, obtain such decree as aforesaid, upon 
giving notice to the party to whom such deed is intended 
to be made, and under the same condition 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 continue 
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 aforesaid, 
shall be made, unless the said courts shall be satisfied that 
decree can be made without injustice to any heir or 
creditor of the deceased, and that the same is just arid 
equitable. 

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

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

Approved, December 17, 1824., 



AK ACT to amend the act concerning the con-^eyance of^'^^^'^^^^'^^^- 
real property^ approved^ January 2>\^\S27^ ^7 -'-? '- 

and for other purposes. 

Sec. 1. Be it enacted by the people of the state of JlHnois, 
represented in the General Assembly ^y^hat all dee(?s and ^jg^gj^^^'^j'JJg 
conveyances of lands lying within '|ljis state, may be ac- ackaowkdged. 
knowledged or proved before either of the following 
named officers, to wit: any judge or justice of the su- 
preme or district court of the United States; any com- 



13S CONVEYANCES. 

missioner 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 
Justices of the of a court of record; mayor of a city; or notary public 
peace lo becer-but when such proof or acknowledgment is made before 
tified as such. ^ clerk, mayor, or notary public, it shall be certified by 
such officer, under his seal of office. Such proofs and 
acknowledgments may also be made before any justice 
Living out of ^£ ^Yie peace; but if such justice of the peace reside out 
of this state, there shall be added to the deed a certifi- 
cate of the proper clerk, setting forth that the person be- 
fore whom such proof or acknowledgment was made, 
was a justice of the peace at the time of making the 
same. If such justice of the peace reside within this 
Withmthe state, the certificate of the clerk of the county commis- 
state. sioners' court, of the proper county, under his seal of of- 

fice, that the person taking such proof, or acknowledg- 
ment, was a justice of the peace at the time of taking 
the same, shall be deemed sufficient evidence of that fact. 
Within the If such justicc reside within the county, where the lands 
county. conveyed are situate, no such certificate shall be requir- 

ed. All deeds and conveyances which have been, or may 
be, acknowledged or proved in the manner prescribed in 
this section, shall be deemed as good and valid in law, as 
if the same had been acknowledged or proved in the 
manner prescribed in the ninth section of the act to 
which this is an amendment. 
. . J. Sec. 2. Any conveyance or assignment of certificates 

auditor's certi- o£ the purchase of land sold for taxes by the auditor of 
ficaie. public accounts, may be acknowledged before said audi- 

tor, and such acknowledgment shall be deemed good and 
valid. 
Residents' < Sec. 3. All residents of this state who shall have ac- 
deedsmaybe quired, or may hereafter acquire, title to any lands in 
recorded in the this state, which lands are not situate in the county or 
officV^'^^'^ ^"^^ counties in which he, she, or they may reside, may re- 
cord the same in the state recorders office, and such re- 
cord shall be as valid as though the same werje recorded 
in the county or counties where the lands, conveyed 
thereby,. are situEited. The sixth section of the '-act es- 
tablishing a recorder's office, for the state,'' is hereby re- 
pealed. 

Sec. 4. All deeds and conveyances of land lying with- 
Srded wiu^i^"^^ this state, which may be executed in this state, after 
six months, or the first day of June next, shall be recorded within six 
be void as months after the execution oi such deeds and convey- 
quempvSch^ ances, respectivcly;and if not recorded within that time, 
ers. they shall be adjudged void as against any subsequent 



COUNTIES. 139 

purchaser, or mortgagee, for valuable consideration, un- 
less such deed or convejance shall be recorded before 
the recording of the deed or conveyance under which 
such subsequent purchaser, or mortgagee, shall claim. 
This act to be in force, from and after its passage. 
Approved, January 22, 1829. 



COUNTIES. 



AJV ACT to incorporate Counties. J^/^^if J"^y 

1, loJs7. 

Sec. 1. Be it enacted hy the people of the state of Illinois^ 
represented in the General Assembly^ That each county A^^ counties 
which now exists, or which may hereafter be established ^"^^^°^^^ ' 
in this state, shall be a body corporate and politic. All 
suits hereafter to be brought by or against any of the 
counties in this state, shall be brought in the name of, or 
against "the county of ;" and by that name they ^;^,^^,So 

may sue and be sued, plead and be impleaded, defend be in their 
and be defended, in any court of record, or other place '^^°^®- 
where justice shall be administered. It shall be the 
duty of the county commissioners' court of each of the 
counties of this state to take and order suitable and 
proper measures for the prosecuting and defending of 
all suits to be brought by or against their respective 
counties. 

Sec. 2. All deeds, grants, and conveyances heretofore Deeds, &c. to 
made, or which shall be hereafter made, and duly ac- counties when 
knowledged and recorded, as other deeds conveying any ^ 
lands, tenements, or hereditaments, to any county or the 
inhabitants of any county and their successors, or to the 
county commissioners, or to the county commissioners' 
court, or to the governor, or any other person or persons 
by whatever form of conveyance, for the use and benefit 
of any county, shall be good and vahd to all intents and 
purposes, to vest in such county in fee simple or other- 
wise, all such right, title, interest, and estate as the gran- 
tor or grantors in any such deed or conveyance had ?X 
the time of the execution thereof, in the lands conveyed, 
and was intended thereby to be conveyed. 

Sec. 3. The county commissioners' court may, by their Power of com - 
order to be entered on their minutes, appoint a commis- miss'rs' court 
sioner to sell and dispose of any real estate of their °J^'g°y"*^' 
county, and the deed of such commissioner, under his^^"^^"^ 
proper hand and seal, for, and in behalf of such county, 



440 COUNTIES. 

duly acknowledged and record<id, shall be sufficient to 
all intents and purposes to convey to the purchaser or 
purchasers, all the right, title, interest and estate what- 
ever which the county may then have in and to the pre- 
mises, so to be conveyed. 

Capacity of, to ^^^' 4» All notes, bonds, bills, contracts, covenants. 

contract. agreements, or writings made, or to be made, whereb} 

any person or persons is, are, or shall be bound to any 
county or the inhabitants thereof, or the county commis- 
sioners, or county commissioners' court, or to the govern- 
or, or any other person or persons, in whatever form for 
the payment of money, or any debt or duty, or the per- 
formance of any matter or thing to the use of any county, 
shall be as valid and effectual to all intents and purpose?, 
to vest in the said county all the rights, interest, and ac- 
tions, which would be vested in any indi^adual, if any 
such contract had been made directly to him: Suits may 
be commenced, sued, and prosecuted thereon in the name 
of said county as is provided in the first section of this 
act; or in the name of the person to whom they are made, 
to the use of the county, as fully and eJBfectually, to all 
intents and purposes, as any person may or can upon 
like notes, bills, bonds, contracts, agreements, or writings 
made to him. 

Court may ap- ^^^' ^* The county commissioners' court may appoint 

point agents, an agent or agents, to make any contract on behalf of 

such county for erecting any county building, or for any 

other purpose authorized by law. The contracts of such 

agent or agents duly executed for and on behalf of such 

county, shall be valid and efiectual to bind such county 

to all intents and purposes. 

. . . , Sec, 6, All actions, local or transitory, against any 

Actions against , , ' ^ ^ i^*^iVL^i-i 

counties and in county, may be commenced and prosecuted to tinal judg- 

favor ment and execution in the circuit court of the county 

against which the action is brought. Any action, local 
where prose- ^^ transitory, in which any county shall be plaintiff, may 
cuted. be commenced and prosecuted to final judgment, in the 

county in which the defendant in such action resides. — 
In actions a- When any action shall be commenced against any coun- 
gainst counties ty, a copy of the summons shall be left with the clerk of 
their clerk to be the commissioners' court, either darincj the sittiner of said 
court, or so as a term of said court shall intervene be- 
tween the day of leaving a copy of such summons and 
Ten days no- the return day thereof. There shall always be ten days 
^*^®- between the service and return of every such summons. 

When county In all actions brought by or against every county, the 

IS deft inhabi- inhabitants of the county so suin^c, or being sued, may 
tants naay be , . ., .i ,^ ■ r l \' 

jurors. be jurors or witnesses, if otherwise competent or quali- 

fied according to law. 



ser\'ed with the 
summons 



COUNTIES. 141 

Sec. 7. When any judgment shall be rendered against 
any county, it shall be the duty of the county commis- Duty of com- 
sioners' court to order a warrant to be drawn on their pi issioners after 
treasurer for the amount of the judgment and costs ;:'"^^"^®"** 
which warrant shall be paid as other county debts. No- 
thing herein contained shall authorize any execution to 
be issued against lands or other property of any county 
of this state. 

Sec. 8. All acts and parts of acts coming within the Acts repealed, 
purview of this act, are hereby repealed. This act to 
take effect from and after the first day of July next: Pro- 
vided, That this act shall not affect any contract or right 
which may have accrued to, or against any county be- 
fore the passage of this act; and all actions and suits 
shall be conducted in the same manner, to final judg- 
ment, on the said rights and contracts as if this act had 
not been passed. 

Approved, Jan. 3, 1827. 



AJV ACT to compel the payment of certain moneys into the 
several county treasuries. 

Sec. 1. Be it enacted hy the people of the state of Illinois^ 
represented in the General Assembly^ That from and after 
the passage of this act, it shall be the duty of justices of ^J^fj^f^'g^^^'^^^ 
the peace, and of all other ofiicers, to account for, and paid over to 
pay over to the county commissioners' court of the county county trea- 
within which such officer shall reside, at or before the ^^^^'^' 
December term of the said court, in each and every 
year, all sums of money recovered hj fine , penalty, or 
otherwise, which by law is required to be paid into the 
treasury of the several counties; and in the same kind 
of funds received by them. 

Sec. 2. Be it further enacted^ That any officer failing 
to comply with the foregoing section, shall forfeit and pay An officer not 
the sum of seventy-five dollars, with any money by him ^^"'?%"! ^!-^ 

, jj/-*^! -1 ^•^•i,!*' th^ "i^t section 

not accounted tor and paid over as aforesaid, to be reco- liable to fine. 

vered by motion before the circuit court of the county 
wherein default is made, for the use of said county, to- 
gether with the costs of said motion: Provided, that the 
officer against whom the motion is made shall have no- 
tice thereof at least ten days before the first day of the 
term at which such motion is made. 

Approved, Jan. 11, 1823. 



142 COURTS. 



In force Feb. A^ ACT to authorize additional poll books to he opened ai 
9, 1831. the county seats of the several counties in this state. 

Be it enacted by the people of the state of Illinois, represented 
in the General Assembly ; That the county commissioners' 
Commas, court courts of the several counties of this state, are authori- 
authorized to 2ed, if they deem it necessary, to organize one or more 
tiSTudges,^" additional sets of judges and clerks of elections in the 
&c.of elections, precinct including the county seat. This act to take 
effect from and after its passage. 

Approved, Feb. 9, 1831. 



COURTS. 



In force March ^JV* ACT establishing the Courts of county Commissioners, 
22, 1819 . 

Sec. 1. Be it enacted by the people of the state of Illinois^ 
represented in the General Assembly^ that there shall be 
established in each county of this state, a court of record, 
to be constituted of, and composed by, the county com- 
missioners elected of the counties respectively, any two 
of whom shall constitute a quorum to do business. 

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 office. 

Sec. 3. That the said court shall have jurisdiction 
throughout the county, whereof the said county commis- 
sioners 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, and shall have power to grant license for ferries and 
for taverns, and all other licenses and things that may 
bring in a county revenue; and shall have jurisdiction in 
all cases of public roads, canals, turnpike roads, and toll 
bridges, where the law does not prohibit the said juris- 
diction of said courts; and shall have power and jurisdic- 
tion to issue all kinds of writs, warrants, process, and pro- 
ceeding, by the clerk throughout the state, to the neces- 



COURTS. i*3 

?afy execution of the power and jurisdiction with which 
this court is or may be vested by law. 

Sec. 5. That the said court of ^ach county shall have 
a judicial sefil, and ail warrants, writs, process, and pro- 
ceedings to he issued by said court, shaM be sealed with 
said seal, bearing date the. time they issue, and be sign- 
ed by the clerk of said court. 

Sec. G. 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 States, 
and of this state, and the oath of office in open court, 
and enter the same on record, and give a bond with good 
securities to the county commissioners, for the use of 
any person or persons injured, or for the use of the county 
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 county 
commissioners not meet at any stated meeting of the said 
court, then the said court shall be considered to be con- 
tinued 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 business 
therein to stand continued to the next court in course. 

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

Sec. 9. That there shall be nothing contained or con- 
strued in this act, to give the said court any original or 
appellate jurisdiction in civil or criminal suits or actions, 
wherein the state is party, or any individual or individ- 
uals, bodies pohtic, or corporate, are parties; but said 
court shall have jurisdiction in all cases where the mat- 
ter or thing brought before the said court relates to the 
pubhc concerns of the county collectively, and all county 
business: and the said court shall have power to punish 
14 



l'^ COURTS. 

for contempts as other courts may do, and have all the 
power necessary to the right, exercise of the jurisdiction 
with which said court is or may be vested according 
to law; and the clerks of said courts respctively shall 
have the same fees, emoluments, and perquisites of of- 
fice, 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, 

JSec. 11. That the said court shall be called and styled 
*^The County Commissioners' Court," of the county re- 
spectively, and the process shall be "In the name of the 
people of the state of Illinois," as in case of other pro- 
cess, and bear test in the name of the clerks respectively. 
Sec. 12. 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. 



I> for«e Jan. -'i^Y ACT requiring the several Clerks of this state to keep 
^^ ^^"'* their respective offices at the county seat. 



11, ISX>3. 



Sec. 1. Be it enacted by the people of the state of Illinois^ 
represented in the General Assembly^ That the several 
clerks of the different courts of this state shall be com- 
pelled, and they are hereby required to keep their re- 
spective ofiiccs at the county seat of their respective 
counties, and not more than one quarter of a mile from 
the house of holding said courts; and a failure to comply 
with the requisitions of this act, shall vacate said clerk- 
ship, when it shall be the duty of the court to fill such 
vacancy. 

Approved, Jan. 11, 1823. 



COURTS. 145 



A J^^ ACT to amend ''An act concerning Courts 0/ Laz^y' j"[^'|^^"''^ 
approved^ January 29, 1827. ' 

Sec. 1. Be it enacted hy the people of the state of Illinois^ 
represented in the General Assembly^ That so much of the 
first section of the act entitled '-An act concerning prac- ^cTrepeakd!^' 
tice in courts of law," approved January 2i), 1827, as^ 
authorizes the directing of original process to the sheriff 
or coroner of any other county than the one in which 
the suit is commenced, be, and the same is hereby re- 
pealed. And that hereafter it shall not be lawful ^^^yj^^^^ 
any plaintiff to sue a defendant out of the county where j^^^^'J.'J^g ^^^^^^^^ 
the latter resides, or may be found, except in cases where And to what 
the debt, contract, or cause of action accrued in the <^*^^"^ty P>'°<^ps> 
county of the plaintiff, or where the contract may haye, "^^^ ^^^"*' 
specifically, been made payable; when 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 are several defendants living 
in different counties, the plaintiff may sue either in the dantsr 
county where the cause of action aro33, or in any county 
where one or more of said defendants may reside, and 
shall have like process against such as reside out of the 
county where the action shall be brought as above. 

Sec. 2. This act shall not affect any previous rights, Previous ri<^hts 
practice, or proceedings. This act to take effect from or proceedings 
and after the first day "of June next. "°^ aflfected. 

Approved, Dec. 30, 1828. 



AJV A CT relating to Courts of Probate, In force June 

1, 1829. 

Section 1. Be it enacted by the people of the state of Illi- 
nois,, represented in the General Assembly^ That there shall ^°"^^ of P^o- 
be established in each county in this state a court of re- e^!^ ^'*^^"'^" 
cord, to be styled "the court of probate," to be held at 
the several seats of justice of their respective counties ; To be held at 
the jurisdiction whereof shall be co-extensive with the ^^^ '^°™^-^' 
hmits of the county in which the judges sliall be respec-^^^^^' 
lively appointed. 

Sec. 2. The genera^l assembly shall, ^t its present ses- ^ 
sion, elect by joint ballot some fit person in each county eieefed, 
iti this state, where a vacancy may be in the office of 
jud^e of probate, to ^U such office, and the respective 



to be 



^^^ COURTS. 

Tenn of scrvie judges SO appointed, shall hold their offices during good 
Future vac.n ^^^'^T!''''; /''^ ^^'^ general assembly shall in like man- 
dos "^^ fi^* ^11 ^"t^^c vacancies in the said office of judge of 

probate. And the said judges of probate shall severally 
Juri^liction. ^^^^^^ such jurisdiction over the estates of testator and in- 
testates, and such other matters as they may be, or now 
are, invested with by law. 

Sec. 3. The said courts shall sit in their respective 
Terras. 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. 
To have a seal. '^^^^ ^^^^ courts shall each have a seal, and may issue all 
process necessary under the hand and seal of the judge, 
Process. ^^]^ ^^^ ^^^^ proccss shall bear date when issued; the 

Record. ^^^'^ j^dge shall record all his proceedings, at length, in 

a book, or books, by him for that purpose furnished: for 
Allowance for ^11 necessary books so furnished, the respective county 
jiecessary books commissioners' courts shall allow the said judge of pro- 
bate a reasonable compensation, to be paid out of the 
county treasury. 

Sec. 4. All matters of law and of fact shall be deter- 
Trial. mined by said court, when properly before it; and in all 

cases, an appeal or writ of error, shall lie to the circuit 
court of the county, to be prosecuted in the same man- 
ner as appeals and writs of error are prosecuted from the 
Appeal. decisions of the circuit courts: and writs of error and 

appeals shall also be on the same matters, from the deci- 
sion of the circuit court to the supreme court of the state, 
as in other cases. 

Sec. 5. When any judge of probate shall die, resign ^ 
Recess ap- refuse to qualify, or be removed from office, or the office- 
pomtments. g]-j^u ^^ otherwise vacated during the recess of the gene- 
ral assembly, the governor shall commission some fit per- 
son to fill such vacancy, and the person so commissioned 
shall continue in office until the end of the next session 
of the general assembly thereafter, 
J Sec. 6. Each of said judges, before he enters upon 

dlolth. ^ ^ the duties of his office, shall take an oath to support the 
constitution of the United States, and of this state, and 
an oath of office, to be administered by the clerk oif 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 
Feefc to such fees and compensation as now are, or hereafter 

shall be provided by law. 

Sec. 8. The act entitled an act establishing courts of 
probate, approved February 10, 1821, the act entitled £^{\ 



COURTS. 147 

act to amend an act entitled an act establishing courts Acts repealed. 
of probate, approved February 12, 1823, and the art 
entitled an act to amend an act, entitled an act estab- 
lishing courts of probate, approved February 10, 1821, 
approved January 12, 1825, are severally hereby repeal- 
ed: Provided^ however, that no new election shall be had 
for judges of probate, where the office is now filled ac- 
cording 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. 



AN ACT establishing a Circuit Court north of the ///z- In force Jan. 
nois river. ^? l^^^* 

Sec. 1. Be it enacted by the people of the state of Illinois^ Judge to be 
represented in the General Assembly^ That there shall be elected. 
elected by joint ballot of both branches of the general 
assembly, at the present session, one circuit judge, who 
shall preside in the circuit to which he may be appoint- 
ed, north of the Illinois river, and shall exercise such ju- 
risdiction therein, as is, or may be allowed to the circuit 
courts, generally, in this state. 

Sec. 2. The said circuit judge, when thus elected, 
shall be commissioned by the governor, and shall hold jjj^ compcn- 
his office during good behavior, and shall be allowed, sation. 
as a compensation for his services, a salary of seven 
hundred dollars per annum, to be paid quarter yearly, 
out of any moneys in the treasury not otherwise ap- 
propriated. 

Approved, Jan. 8, 1829. 



AN ACT regulating the Supreme and Circuit Courts. 

1 1829. 

Sec. \. Be it enacted by the people of the state of Illinois^ 
represented in the General Assembly^ That the supreme^ 
court of this state shall consist of one chief justice and j^s^^es.' °^ 
three associate justices as prescribed by the constitution 
of this state. 

Sec. 2. The said supreme court shall exercise appel- Jurisdiction. 
late jurisdiction only (except as is hereinafter excepted) 
and shall have final and conclusive jurisdiction of all mat- 
14 '^ 



Judgments to 



KS: COURTS 

ters of appeal, error or, complaints from the judgment or 
decrees of anj of the circuit courts of this state, and 
from such other inferior courts as may hereafter be es- 
tabhshed by law in all matters of law and. equity, where- 
in the rules of law, or principles of equity appear from 
the files, records, or exhibits of any such court to have 
been erroneously adjudged and determined. And the 
said supreme court is hereby empowered, authorized, and- 
enabled to take cognizance of all such causes as shall 
be brought before them, in manner aforesaid and shall: 
bicidontal ^^ vested with ail the power and authority necessary for 
p#ow«-r. carrying into complete execution all their judgments^, 

decrees, and determinations in the matters aforesaid ac- 
cording to the laws, customs, and usages of this state, and 
according to the rules and principles of the common law,. 
b^finaT'"' ^ ^^^ their judgments, decrees, and determinations shall be 

final and conclusive en all the parties concerned. 
Rules of court. ^Ec. 3. The said supreme court may, from time to 
time, institute such rules of practice, and prescribe such 
forms of process to be used, and for the keeping of the- 
dockets, records, and proceedings for the regulation of the 
said court, as shall be deemed most conducive to the due 
administration of justice; and it shall be the duty of the 
Cieiii.»a office chief justice to examine the state of the clerk's office of 
to-be cxammed.^j^g said court annually and make report thereof to the 
next term of the court, which shall be noted in the pro- 
ceedinp-s, , 

Oatfisof the Sec. 4. The chief justice and associate justices of the 
jiKigpfi, supreme court and the judges of the circuit courts, who 

may hereafter be appointed under the provisions of the 
constitution, previously to their entering upon the duties 
required of tliem by law, shall in addition to the oath to 
support the constitution of the United States and of this 
state take the following oath of office: '^I, A B, chief jus- 
tice (or associate justice as the case may be) of the su- 
preme court (or judge of the circuit court as the case 
may be) do solemnly swear (or affirm) that I will admin- 
ister justice without respect to persons, and do equal right 
to the poor and to the rich, without sale or denial, prompt- 
ly without delay, conformably to the laws, without favor, 
affiiiction, or partiahty to the best of my judgment and 
To b3 filed abihties," which oath or affirmation may be administer- 
».^o'rsta!e!^"ed by any justice of the peace in this state, a certificate 
whereof shall be endorsed by the person administering 
the same, on the back of the commission of such judge, 
and another certificate thereof transmitted to and filed 
in the office of the secretary of state. 



COURTS. i4^ 

Sec. 5. There shall be one terntf of the sirpreme court One um a» 
holden annually at the seat of government, which shall ^^^^' 
commence on the first Monday in December, and con- 
tinue in session until the business before it shall be dis- 
posed of. 

Sec. 6. If there shall not be a quorum of the justices Quorum not 
of the said supreme court present, on the first day of ^"^"'^i'^s ^^^ 
any 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 circuit Unfinished 
courts, directed to be held by this act, shall not sit in any ^^^^^^^^^^JJ^^^^ 
term, or shall not continue to sit the whole term^ or be-ed, 
fore the end of the term shall not have heard and deter- 
mined all matters and causes, depending in said courts; 
all matters and' causes depending and undetermined, shall 
$tand continued until the next succeeding term. 

Sec. 8. If from any causes the supreme court shall Discontinuance 
not sit, on any day in a term, after it shall have opened,^ ^®^^"^^ 
there shall be no discontinuance, but so soon as the cause sitting cured* 
is removed, the court shall proceed to business until the 
end of the term, or until the business depending before 
it, shall be disposed of^ 

Sec. 9. No question of appeal, or of writ of error 
shall be decided without the concurrence of two justices r^^^. ,. 

i 1 1 jl • 1 j^ 1 11 ' n 1 IWOJUStlCQS 

at least; and the said court snail m all cases state the case, must concur., 
and give their opinion in writing, which shall be filed Written opin- 
with the other papers of the case. And the said court ions. 
shall appoint some person learned in the law to minute 
down, and make report of all the principal matters drawn ^P°^*"* 
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 original written 
opinion after it shall have been recorded by the clerk. 

Sec. 10. All process winch shall be issued from the Prooessiiow to- 
said supreme court shall bear test in the name of the bear test, and 
chief justice, be signed by the clerk, dated when 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. U. Any process which may be issued from the process how 
said supreme court, or any justice thereof, or the clerk, executed. 
according to law, shall be executed by the oflicer or per- 
son to v/hom 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 oifered by any Contempts and 
person to it while sitting, and for disobeying any of Hs ^^^^^^^^^S P'^ 



uo 



COURTS. 



Origiaal juris- 
diction of the 
supreme court. 



Proceedings 
against public 
debtors. 



Securities of 
collectors. 



Clerk to issue 
process. 

His duty. 
Oath of clerk. 



process, rules, and orders issued or made conformably 
to law. 

Sec. 12. The supreme court shall have original juris- 
diction, in all causes, suits, and motions against public 
debtors, sheriffs, clerks, and all collectors of the public 
revenue to t)^ state, of every denomination whatsoever; 
and in all cases where it may have been, or may hereaf- 
ter be the duty of any sheriff, clerk, collector, or receiver 
of public moneys for the state, or the late territory of Il- 
linois, to make collections and settlements with the pro- 
per authority; if he or they have failed to do so, or shall 
hereafter have failed to do so, and there shall appear any 
defect in the bond given by said officer or person, or 
other proceeding sufficient to exempt from liability, the 
security or securities of such officer or person, or to de- 
feat the ordinary proceedings against himself, the court 
shall have power to compel such person, whether in or 
out 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 collected, and a list 
of all persons as far as it may be practicable, to obtain 
the same, of whom such person had a right to collect, 
and who had failed to pay him accordingly; and the 
court shall, upon hearing the whole case, without regard 
to form, have power to give such judgment, 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 prin- 
ciples of equity: Provided, that the person or persons as 
aforesaid, shall have due and reasonable notice of the 
time of proceeding against him or them, as aforesaid; 
and it shall be the duty of the attorney general to at- 
tend and prosecute the same. 

Sec. 13. It shall be the duty of the clerk of the su- 
preme 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 pro- 
ceedings of the said court; he shall, before he enters upon 
the duties of his office, take the following oath or affirma- 
tion before one of the justices of the supreme court: 
"I, A B, being appointed clerk of tlic supreme court, 
do solemnly swear (or affirm) that I will truly and faith- 
fully enter on record all the orders, decrees, judgments, 
and proceedings of the said court, and that 1 will faith- 
fully and impartially discharge and perform all the du- 
ties of my said office, according to the best of my abili- 
ties 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 



COURTS. 151 

inay be enjoined on him, and be entitled to such com- 
pensation as is or may be provided by law. And he shall, 
at the first term of said court, after he shall be appoint- 
ed, give bond to the governor of this state, and his sue- And bond, 
cessors in office, for the use of the people of the state, 
with one or more securities, to be approved by the said 
court, in the sum of three thousand dollars, conditioned Condition 
for the faithful discharge of his duties, and to deliver up thereof, 
the papers, books, and records, appertaining to the same, 
whole, safe, and undefaced, when lawfully required so to 
do; which bond so executed as aforesaid, shall be trans- 
mitted to the office of the secretary of state, and filed 
therein. 

Sec. 14. The chief justice and associate justices ofjudgesto hold 
the said supreme court, shall hold circuit courts, as is circnit courts. 
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 an} of Interchange of 
the circuit courts required of him by law, it shall be the'^^'^'^^^^^* 
duty of one of the other judges presiding in either of 
the other circuits, upon receiving information that such 
courts will not be holden, to attend in the said circuit, so 
situated, and hold courts therein, and exercise all the 
powers and jurisdiction, both in term time and vacation, 
that the judge assigned by law to such circuit could le- 
gally do, until the causes aforesaid, which authorize and 
require such judge to exercise such power and jurisdic- 
tion, in such circuit, shall be removed. 

Sec. 15. When any of the said judges shall die, re- j^^^ j^^^^^g ^^ 
Bign, or be removed from office, it shall be the duty of his hold courls in 
successor in office to preside in the circuit wherein such ^^^ circuit of 

1 *■ their predeces^ 

vacancy happens. ' sors. 

Sec. 16. If there shall be no judge attending in any , 
county, on the first day of any term, the court shall stand tending- court 
adjourned from day to day until a judge shall attend, if to stand ad- 
that should happen before the hour of four o'clock in the J°">^^^^' 
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 re- T^o^gyj^^ 
spectively, 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 counties in 
which they may be held respectively." 

Sec. 18. The said circuit courts shall be holden at the Atthecow*^ 

nous6 m 6^6ft 

respective court nouses of said couaties^ and the said county. 



152 



COURTS. 



Jurisdiction. 



Judges made 
keepers of the 
peace. 

And may 
award writs 
of ne cxcat^ 
ice. 

Incidental 
power. 

Criminal 
jurisJiction. 



Causes to be 
tried where 
they'originated. 



Clerks to take 
an oath. 



Oath. 



Duty of clerks. 



Complete 
record. 



judges respectivelj, in their respective circuits shall have 
jurisdiction over all matters and suits at common la-w- 
and in chancery, arising in each of the counties in their 
respective circuits, where the debt or demand shall ex- 
ceed twenty dollars. 

Sec. 19. The said judges shall be conservators of 
the peace, and the said courts in term time, and the 
judges thereof in vacation, shall have power to award 
throughout the state, and returnable in the proper coun- 
ty, writs of injunction, ne exeat, habeas corpus, and all other 
writs and process, that may be necessary to the due exe- 
cution of the powers with which they are or may be 
vested. 

Sj3c. 20. The said coUfts shall respectively have pow- 
er and authority to hear and determine all cases of trea- 
son and other felony, crimes and misdemeanors of what- 
ever kind that may be committed within any county or 
place within their respective circuits, and that may be 
brought before them, by any rules and regulations pro- 
vided by law. 

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, or by the judges thereof in each county, shall, be- 
fore they enter upon the duties of their offices, respec- 
tively take an oath, to support the constitution of the 
United States, and of this state, and also the following 
oath of office, before one of the judges of the said cir- 
cuit courts, or some justice of the peace in this state: 
"I, 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 faithflilly and impartially discharge and per- 
form all the duties of my said office, according to the best 
6f my abilities and understanding according to law." A 
certificate whereof, with tlie ap{>ointment, shall be enter- 
ed on the records of the court at the first term of the 
court, after the same shaii be done. 

St:c. 23. The clerks of the resjiective circuit courts, 
shall issue process in all cases originuting 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 pro- 
vided in the 23d sectiori of the "Act concerning the 
practice in courts of kiw,^' ?ipproved, January 29, 1827. 



COURTS, 153 

They shall keep their offices at the coqnty seats of their 
respective counties; and do and perform in the county 
all the duties which may be enjoined upon them by law ; ^^^^J^ "^^y be 
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 being made to the said court or judge, and the But may 
said complaint being proved true to the satisfaction of appeal. 
the said court or judge: Provided^ that the said clerk 
shall nevertheless have the right of appeal to the su- 
preme court, under the like conditions, as are or may be 
prescribed bylaw for other cases. Shall give 

Sec. '2i, 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 bis successors in office, for the use of 
the people of the state of Illinois, with one or more se- 
curities, to be approved of by the court, in the sum of Condition 
two thousand dollars, conditioned for the faithful perform- thereof, 
ance of the duties of his office, and to deliver up the 
papers, books, records, and proceedings appertaining 
thereto, whole, safe, and undefaccd, when lawfully re- 
quired so to do, which bond, so executed, shall be trans- Where filed. 
mitted to the office of the secretary of state, and filed 
therein. 

Sec. 25. It shall be the duty of every clerk of the cir- Delivery of 
cuit court, hereafter, to be appointed to succeed another, paper?, &c. 
to demand of his predecessor, or the person in whose 
possession they may be, all the books, papers, and pro- 
ceedings appertaining to the circuit court of which he 
shall be appointed clerk: and the said predecessor, or 
person 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 required to 
give up the books, papers, and proceedings as aforesaid, 
refuse so to do, on such application and demand, the pro- 
per circuit court shall have power to use such compulsory .. 
process, and take such measures as may be necessary to Q^cld. ^' 
coerce the delivery as aforesaid, according to the true 
intent and meaning hereof. * Clerk's offioe 

Sec. 26. The judges shall annually examine into the shall be ex- 
condition of the office of every clerk of the circuit court ^™^"^^- 
in their respective circuits, and make such order thereon 
as circumstances may require. Soedal temw 

Sec, 27. Whenever any person shall be in the custody t^o try criminaJt, 



154 COUilTg. 

of the sheriff of any county, charged with ahy capital 
offence, or any other offence not bailable by law, it shall 
be the <iHty of such sheriff, provided such person shall 
desire a trial, to give information thereof, in writing, to 
the judge presiding in the circuit, or in case of his ab- 
sence or disability, to either of the said judges, who may 
be required to preside in such circuit, during such ab- 
sence or disability; whose duty it shall be to issue a pre-' 
cept under his hand and seal, to the sheriff of such coun-' 
ty, to summon twenty-three grand jurors, and thirty-six 
petit jurors, to attend at the seat of justice of said coun- 
ty, on a day therein mentioned, which shall not be less 
than fifteen, nor more than thirty days from the date of 
such precept. 
Koike thereof. Sec. 28. It shall be the duty of the sheriff, on receiving 
the precept aforesaid, to give notice by advertisement, 
set up at the seat of justice of his county, at least ten 
days before the return of such precept, of the 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, 
either personally or in writing, to notify the attorney 
prosecuting for the state, in such counh', of the time and 
place of holding court in pursuance of this act: but the 
want of such advertisement hy the sheriff, or notice by 
the judge, shall not be construed to invalidate the author- 
ity of the court, or to render its proceedings void or erro- 
neous; 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 emitting to 
Omission to ad advertize in manner aforesaid, may be fined at the dis- 
vertise, cretion 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 within forty days of the time of receiving 
such notice as aforesaid, by the judges from the sheriff^ 
but in all such cases, the person shall wait until the reg- 
ular term for his trial. 
Power to ad- See. 29. The said circuit court, when met in pursu- 
joum. ance of this act, shall have authority to adjourn to any 

day which may be adjudged reasonable and expedient, 
for the fair and impartial trial of any such person, who 
may be indicted before it, and in case the requisite num- 
ber of grand and petit jurors shall not attend at the time 
and place specified in such precept, or the number of 
ae«men. petit jurors be reduced by challenge below the number 
of twelve, the court may order the sheriff to complete 
the pannel of the grand or petit jury from the by-stand- 



COURTS. 155 

ers, or award a venire de novo for a grand or petit jury as 
the case may require. 

Sec. 30. Any process which may be issued by any of Process how 
the clerks of the said circuit courts, or any judge thereof, executed. 
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 return- 
ed; and the said circuit courts shall respectively have 
power to punish all contempts offered by any person or ^°^^^^"^P^s ^^^ 

1 , ,1 1-1 •,i_- 1. J: 1 disobeying cr- 

persons to them, while sittmg as such, at any regular ov ^^^^^^^^ 
special term as aforesaid; and for disobeying any of its 
process, rules, or orders, issued or made conformably to 
law. Hereafter, the salaries of the chief justice and 
each of the associate justices of the supreme court, shall ^'"-^anes. 
be one thousand dollars per annum. 

Sec. 31. The clerks of the several circuit courts shall ^^^^^^P^^^J"''^;'- 
have power to issue subpenas for witnesses, to any county county. 
in this state. 

Sec. 32. The acts entitled "An act regulating and de-Acts repealed. 

■ fining 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, February 17, 1823, the 
"Act constituting and regulating the supreme and circuit 
courts of this state," approved, December 29, 1824, the 
act entitled "An act supplemental to an act, entitled an 
act regulating and establishing 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, Jan- 
uary 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 "^^^.'^^^ ^^ 
courts in this state, to be reappointed or quahfied as this ^PP°''^*^^'^* 
act directs, but the same shall continue in office as they 
now are. 

This act takes effect on the first day of July next. 
Approved, January 19, 1829. 

15 



15G COURTS. 



^" oo^Q??""-^*^ -^^^ ^0 provide for a suitable place for holding the 
arjr22,1829. Supreme Court. 

S. E. room of Be it enacted hy the people of the state of Illinois^ repre- 
the banking setited in the General Assembly, That the south-east room 
on the lower floor of the banking house, be, and the same 
is hereby appropriated and set apart for the exclusive 
purpose of holding the supreme court of thi* state; and, 
hereafter, the state treasurer shall keep his office in the 
front room, on the lower floor of said building. 

Approved, January 22, 1829. 



In force Jan- AJV A CT supplemental to the act, entitled "An act regula- 
nary 23, 1823. ^-^^ ^^g Supreme and Circuit Courts^'' appro- 

ved, January 19, 1829. 



Sec. 1. Be it enacted by the people of the state of Illinois, 
tYe^clrcuil*''*^'^ r^;^?"e5cri/ec? in the General Assembly, That the chief justice 
courts. of the supreme court, and the associate justices thereof, 

and the circuit judge appointed at the present session, 
shall hold the circuit courts in this state, at the times, 
and in the manner, hereinafter provided, and shall be 
governed by the same rules, regulations, and restrictions, 
that are now applicable to the said courts respectively. 
Counties of the ^EC. 2. The counties of Pike, Calhoun, Greene, Ma- 
coupin, Morgan, Sangamon, Macon, and Tazewell shall 
Of the 2d cir- co^sti^^^^ ^'^^ ^^^t judicial circuit; the counties of Madi- 
cuit. son, St. Clair, Monroe, Randolph, Washington, Clinton, 

Bond, Fayette, Montgomery, and Shelby shall constitute 
Of the 3d cu- ^^^ second judicial circuit; the counties of Gallatin, 
cuit. Hamilton, JefTerson, Marion, Frankhn, Perry, Jackson, 

Union, Alexander, Johnson, and Pope shall constitute the 
Of the 4th cir-*^^^^ judicial circuit; the counties of White, Edwards, 
cuit. Wabash, Lawrence, Crawford, Clark, Edgar, Vermilion, 

Clay, and Wayne shall constitute the fourth judicial cir- 
Ofthe 5h cir-^"^*' and the counties of Jo Daviess, Peoria, Fulton, 
cuit. ^ ^ ^'^' Schuyler, and Adams shall constitute the fifth judicial 

circuit. 
Lockwood in Sec. 3. Samuel D. Lockwood shall perform circuit du- 
the 1st circuit. ^. • ^^ ^^^^^ judicial circuit, Theophilus W. Smith 

Smith nithe 2d. , „ . . *' . , ,. • ji j • j- • i • -x 

Browne in Ure shall perform Circuit duties in the second judicial circuit, 
•W. Thomas C. Browne shall perform circuit duties in the 

Wilson in the^j^.j.j judicial circuit, WilUam Wilson shall perform cir- 



COURTS. 157 

cuit duties in the fourth judicial circuit, and Richard M. Young hi the 
Young shall perform circuit duties in the fifth judicial ^^^" 
circuit, and when either of said judges shall be succeeded ^^^^.^ ^^^^^^_ 
in office, it shall be the duty of his successor in office to sors to take 
preside and hold the courts in the circuit of the judge, or theii place. 
justice, so succeeded. 

Sec. 4. The said circuit judge shall, before he enters circuit judge to 
upon the duties of his office, take an oath to support the take an oath, 
constitution of the United States, and of this state, and 
the following oath of office, to wit: "I, A B, judge of po^.,^^ thereof. 
the fifth judicial circuit of the state of Illinois, do sol- 
emnly swear, that I will administer justice, without res- 
pect to persons, and do equal right to the poor and to the 
rich, without sale, denial, favor, affection, or partiality, 
conformably to the laws, to the best of my judgment and 
abilities." Which said oath may be administered by any 
justice of the peace in this state, a certificate whereof ^^^jg^^^JJ^ ^'" 
shall be endorsed on the commission of said 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, rela- ^^^^^j. ^ct 
live to the circuit courts generally in this state, shall be apply to the 
deemed and taken as applicable to the circuit courts, di- 5th circuit, 
rected to be held in the fifth judicial circuit. 

Sec. 5. The chief justice, and the associate justices of interchange 
the supreme court, and the judge of the fifth judicial cir- circuits. 
cuit, may interchange, and hold each other's circuit courts Powers of he 
as often as they may agree to do the same, and may award ^,^^1^^ ^" ^"^^" 
writs of habeas corpus, ne exeat, certiorari, and injunction, 
and may grant orders to stay proceedings, 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 issu- 
ed by the proper justice or judge of the cir^cuit. 

^ Sec. 6. Should the chief justice or either of the asso- Judge not at- 
ciate justices or the said circuit judge fail to attend intending court 
any county, in their respective circuits, on the day ap- •ou^'^e^^^'^ ^'^' 
pointed for commencing the term of the circuit court"^"''"^^ ' 
therein, as required by law, the court shall stand adjourn- 
ed until the next day, and should the judge not attend 
by four o'clock in the afternoon of the second day of the 
term, the court shall stand adjourned until the next suc- 
ceeding term of the court, and all suits, writs, process, 
indictments, recognizances, and other proceedings shall 
stand continued over until next term of the court, as 
effectually as if the same had been continued by the order 
of the court. 



15S COURTS. 



Chaiiceiy ^EC. 7. The chief* justice and the associate justices, 

'^"^'^' and the said circuit judge, in their respective circuits 

may, in any regular term thereof, appoint a time for hold- 
ing a chancery term of the court, to be entered of record, 
if, in the opinion of the judge making such order, 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 regu- 
lar term appointed by law. 
(^laiye of ve- ^^c. 8. If any judge of the circuit court shall be in- 
nue on account terested in any suit, or proceeding, in his circuit, it shall 
f '"^H^r^^ ^" ^^ ^^^^ ^^^y ^^ cause all the papers relating to such suit, 
ic ju ge. ^j. proceeding, and a transcript of the record, if necessa- 
ry, 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. 
Supreme court ^^c. 9. There shall be one term of the supreme court 
v/hen held. of this state held, annually, at the seat of government, on 
the first Monday in December, and shall continue from 
day to day, Sunday's excepted, until ail the business 
therein pending, shall be determined and disposed of. 
Trocess how to ^Ec. 11. All process whicli shall be issued from the 
bear test. said circuit courts, shall bear test in the name of the 
And be issued judges thereof, and be signed by the clerks respectively, 
and returned. "^^^^^ dated on the days on which they issue, and be made 
returnable according to law; and all process issuing from 
the said circuit courts, shall be sealed with the judicial 
seal which shall be provided for that purpose; but in case 
there shall not be a judicial seal, the clerk shall affix his 
private seal until a public one shall be provided. 
Change of ^Ec. 12. All recognizances and other obligations, suits, 

terms°not to af- actions, and motions, indictments, and other proceedings, 
'ect proceed- ^^^^ g^jj ^.j^^g ^nd 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 argu- 
ment, or trial, or shall be deemed and taken as returna- 
]>le 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. 

Approved, January 23, 1829. 



COURTS. 150 



AN ACT regulating the Office of Clerk of the Supreme i-a £oxc^ Feb . 

Court. 15, 183L 

Be it enacted hy the people of the state of Illinois^ repre- 
sented in the General Assembly^ That the supreme court 
or a majority thereof, shall have power to remove Supreme couu 
any clerk of said court, for neglect of duty, incompe-^^^y ^"/^^^^^^.^ 
tency to perform the duties of his office, or for any mal- tain causes. 
conduct in office of which he may be guilty, or for any 
other cause which shall be satisfactory to said court, or 
a majority thereof: Provided^ that the cause of the re- 
moval of said clerk' shall be expressed on the records of 
the court.. 

Approved, Feb. 15, 1831.. 



A JV ACT supplemental to the several acts regulating <Ac In force Fet 
Supreme and Circuit Courts in this state* ^^> l^^l^ 

Sec. 1. Be it enacted by the people of the state of Illinois^ 
represented in the General Assembly^ That the chief justice 
of the supreme court, and the associate justices thereof, 
and the circuit judge of the fifth judicial circuit, shall 
hold the circuit courts of this state, at the times, and in 
the manner hereinafter provided. 

Sec. 2. The counties of Pike, Calhoun, Greene, Mor- Cucuits. 
gan, Sangamon, Tazewell, Macon, McLean, and Macou- 
pin shall constitute the first judicial circuit: The coun- 
ties of Madison, St. Clair, Monroe, Randolph, Washing- 
ton, Clinton, Bond, Shelby, Fayette and Montgomery 
shall constitute the second judicial circuit: The counties 
of Gallatin, Pope, Johnson, Alexander, Union, Jackson, 
Perry, Franklin, Marion, Jefferson, and Hamilton shall 
constitute the third judicial circuit: The counties of 
White, Edwards, Wabash, Lawrence, Wayne, Clark, 
Crawford, Edgar, Vermilion, Coles, and Clay shall con- 
stitute the fourth judicial circuit: The counties of Cook, 
La Salle, Putnam, Peoria, Fulton, Schuyler, Adams, 
Hancock, McDonough, Knox, Warren, Jo Daviess, Mer- 
cer, Rock Island, and Henry shall constitute the fifth 
judicial circuit. 

Sec. 3. Samuel D. Lockwood shall perform circuit . 
duties in the first judicial circuit; Theophilus W. Smith sigiJd!'^^' 
in the second; Thomas C. Browne in the third; William 
Wilson in the fourth; and Richard M. Youne: in the 
15 * 



I crms = 
l.-t circuit. 



l^^O COURTS. 

fifth; and when either of the said judges shall he suc- 
ceeded in office, it shall be the duty of his successor to 
preside, and hold the courts in the circuit of the judge 
or justice^ who shall be so succeeded. 

Sec. 4. 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 times hereinafter specified, and con- 
tinue to be held from day to day, Sundays excepted, un- 
til all the business pending shall be disposed of, unless it 
shall be necessary to close the term to enable the judge 
to attend in the next county to hold court. Said terms 
shall be commenced and held at j;he times following, 
that is to say: In the county of Pike on the fourth Mon- 
days in March, and third Mondays in August, In the 
county of Greene on^ the first Mondays in April, and 
fourth Mondays in August. In the county of Macoupin 
on the second Mondays in Aprils and the Mondays after 
the fourth Mondays in August. In the county of Mor- 
gan on the third Mondays in April, and second Mondays 
after the fourth Mondays in August. In the county of 
Sangamon on the fourth Mondays in April, and third 
Mondays after the fourth Mondays in August. In the 
county of Macon on the first Mondays after the fourth 
Mondays in April, and fourth Mondays after the fourth 
Mondays in August. In the county of McLean on the 
Thursdays thereafter; and in the county of Tazewell 
on the second Mondays after the fourth Mondays in 
April, and fifth Mondays after the fourth IMondays in 
August. In the county of St. Clair on the first Mon- 
days in April and September. In the county of Mon- 
roe on the third Mondays in April and September. In 
the county of Randolph on the fourth Mondays in April 
and September. In the county of Washington on the 
first Mondays in May and October. In the county of 
Clinton on the next Wednesdays thereafter. In the 
county of Bond on the second Mondays in May and Oc- 
tober. In the county of Montgomery on the next Thurs- 
days thereafter. In the county of Shelby on the third 
Mondays in May and October. In the county of Fay- 
ette on the next Thursdays thereafter. In the county of 
Madison on the second Mondays in June, and third 
Mondays in October. In the county of Gallatin on the 
first Mondays in March and September. In the county 
of Hamilton on the third Mondays in March and Sep- 
tember. In the county of Jefferson on the next Thurs- 
days 'thereafter. In the county of Marion on the fourth 



2d circuit. 



eOURTS. 1451 

Mondays in March and September. In the county of 
Perry on the Fridays thereafter. In the county of Frank- 3d circuit. 
lin on 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 coun- 
ty of Johnson on, the Fridays thereafter: and in the 
county of Pope on the first Mondays in May and No- 
vember. In the county of White on»the first Mondays 
in April and September. In the county of Edwards on 
the second Mondays in April and September. In the 
county of Wabash on the next Thursdays thereafter. In 
the county of Lawrence on the third Mondays in April 
and September. In the county of Crawford on the 
Thursdays thereafter* In. the county of Clark on . the 4th circuit. . 
fourth Mondays in April and September. In the county 
of Edgar on the Thursdays thereafter. In the county 
of Vermilion on the Mondays after the fourth Mondays 
in April and September. In the county of Coles on the 
Fridays after the Mondays on which the court in Ver- 
milion is held. In the county of Clay on the last Mon- 
days in March and August. In^ the county of Wayne 
on the Wednesdays thereafter. . In the county of Jo 
Daviess on the second, Mondays in April. and last Mon- 
days in August. In the county of Cook, on the fourth 
Mondays in April, and second Mondays in September. 
In the county of La Salle on the Fridays after the fourth 
Mondays in April, and the Fridays after the second 
Mondays in September. In the county of Putnam on ^^^ ^"^"'' ' 
the first Mondays in May, and the third Mondays in 
September. In the county of Peoria, on the Thursdays 
after the first Mondays in May, and the Thursdays after 
the third Mondays in September. In the county of Ful- 
ton on the second Mondays in May,'and]fourth Mondays 
in September. In the county of Schuyler on the third 
Mondays in May, and first Mondays in October. In the 
county of Adams on the fourth Mondays in May, and 
second Mondays in October. In the county of Hancock 
on the first Mondays in June and. third Mondays in Oc- 
tober. In the county of McDonough on the Fridays af- 
ter the first Mondays in June, and the Fridays after the 
third Mondays in October. In. the county of Knox on 
the second Mondays in June, and fourth Mondays in Oc- 
tober. In the county of Warren, on the Thursdays after 
the second Mondays in June, and. on the Thursday 
after the fourth Mondays in October ; and inthe counties 
of Mercer, Henry, and Rock Island, whenever the same, 



162 



COURTS. 



or either of them, shall be organized in pursuance of 
law, at such times as the judge of the fifth judicial cir- 
cuit shall appoint. 
Process. Sec. 5. All writs, and other process,, heretofore made 

returnable to the terms provided in the act to which this 
is an amendment, shall be taken and held valid, and re- 
turnable to the terms herein provided for. 

Approved, Feb. 16, 183K 



In force Feb. 
16, 1831 - 



Calhoun. 

Madison au- 
tumnal term. 



Change of ve- 
nue to adjoin- 
ing circuit. 



Pike vernal 
term. 



i 

AN ACT fixing the thne of holding Circuit Courts in the 
counties of Madison and Calhoun. 

Sec. 1. Be it enacted hy the people of the state of Illinois^ 
represented in the General Assembly^ That circuit courts 
shall be held in the county of Calhoun on the first Fri- 
day after the last Mondays in March, and third Mon- 
days in August; and in the county of Madison oft the 
fourth Monday of October, any law to the contrary not- 
withstanding. 

Sec. 2. In all cases wherin a change of venue may 
be awarded, for any cause whatever, the same may be 
awarded to the next adjoining circuit, if it may suit the 
convenience of the parties, as well as to any county in 
which the suit was instituted. 

Sec 3. The circuit court of Pike county shall be held 
on the last Monday in March, any law to the contrary 
notwithstanding. 

Approved, February 16, 1831. 



AJV ACT regulating the terms of holding the Circuit Courts 
in this state. 



Terms of cir- ^^^* ^' ^^ ^^ enacted by the' people of the state of Illinois, 
cuit courts. represented in the General Assembly, That 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 courts ; which terms shall commence at the times 
hereinafter specified, and continue to be held from day 
to day, (Sundays excepted,) until all the business be dis- 
posed of, unless it shall be necessary to close the term to 
enable the judge to attend in the next county to hold 



COURTS. 163 

court. In the county of Pike, on the fourth Mondays of 
March and third Mondays of August. In the county of 
Calhoun on the Fridays after the fourth Mondays of ' 

March and third Mondays of August. In the county 
of Greene on the first Mondays of April and fourth 
Mondays of August. In the county of Macoupin on the 
second Mondays of April and Mondays after the fourth 
Mondays of August. In the county of Sangamon on 
the third Mondays of April and second Mondays after 
the fourth Mondays of August. In the county ©f Macon 
on the first Mondays after the fourth Mondays of April 
and fourth Mondays after the fourth Mondays of August. 
In the county of McLean on the Thursdays thereafter. 
In the county of Tazewell on the second Mondays after 
the fourth Mondays of April and fifth Mondays after the 
fourth Mondays of August. In the county of Morgan 
on the last Mondays of May and second Mondays of Oc- 
tober. In the county of St. Clair on the first Mondays 
in April and September. In the county of Monroe on 
the second Wednesdays thereafter. In the county of 
Randolph on the third Mondays of April and Septem- 
ber. In the county of Washington on the next Fridays 
thereafter. In the county of Clinton on the fourth Mon- 
days of April and September. In the county of Bond 
on the first Mondays of May and October. In the coun- 
ty of Montgomery on the next Thursdays thereafter. 
In the county of Shelby on the second Mondays of May 
and October. In the county of Effingham on the third 
Mondays of May and October. In the county of Fayette 
on the Wednesdays thereafter. In the county of Mad- 
ison on the fourth Mondays of May and October. In 
the county of Gallatin on the first Mondays of March 
and September. In the county of Hamilton on the 
third Mondays of March and September. In the county ' 
of Jefierson on the next Thurdays thereafter. In the 
county of Marion on the fourth Mondays of March and 
September. In the county of Perry on the next Fri- 
days thereafter. In the county of Franklin on the first 
Mondays of April and October. In the county of Jack- 
son on the second Mondays of April and October. In 
the county of Union on the third Mondays of April and 
October. In the county of Alexander on the fourth 
Mondays of April and October. In the county of John- 
son on the next Fridays thereafter. In the county of 
Pope on the first Mondays of May and November. 

After the first of August next, the circuit courts in the 
following named counties shall be held at the times here- 
in specified, viz; In the county of Perry on the second 



164 COURTS. 

Mondays of April and October. In the county of Jack- 
son on the third Mondays in April and October. In 
the county of Union on the fourth Mondays of April and 
October. In the county of Alexander on the Mondays 
thereafter. In the county of Johnson on the second Mon- 
days in May and November. In the county of Pope on 
the third Mondays in May and November. In the coun- 
ty of Clay on the last Mondays in March and August. 
In the county of Wayne on the Thursdays thereafter. 
In the county of White on the first Mondays of April and 
September. In the county of Edwards on the second 
Mondays of April and September. In the county of 
Wabash on the Thursdays thereafter. In the county of 
Lawrence on the third Mondays of April and Septem- 
ber. In the county of Crawford on the Thursdays 
thereafter. In the county of Clark on the fourth Mon- 
days of April and September. In the county of Edgar 
on the Thursdays thereafter. In the county of Vermil- 
ion on the first Mondays after the fourth*^ Mondays of 
April and September. In the county of Coles on the 
second Tuesdays after the fourth Mondays of April and 
September. In the county of Adams on the first days 
of April and nineteenth days of Augu^. In the county 
of Hancock on the eighth days of April and twenty-sixth 
days of August. In the county of McDonough on the 
fifteenth days of April and second days of September. 
In the county of Warren on the twentieth days of 
April and seventh days of September. In the county of 
Knox on the twenty-fifth days of April and twelfth days 
of September. In the county of Jo Daviess on the first 
days of May and eighteenth days of September. In the 
county of Cook on the fourteenth days of May and first 
days of October. In the county of La Salle on the twen- 
tieth days of May and seventh days of October. In the 
county of Putnam on the twenty-fourth days of May and 
eleventh days of October. In the county of Peoria on 
the twenty-eighth days of May and fifteenth days of Oc- 
tober. In the county of Fulton on the first days of June 
and nineteenth days of October. In the county of 
Schuyler on the eighth days of June and twenty-sixth 
days of October. And in the counties of Henry, Mer- 
cer, and Rock Island, whenever the same or either of 
them shall be organized in pursuance of law, at such 
times as the judge of the fifth judicial circuit shall ap- 
point. 
When any of Sec. 2. Whenever either of the days above mentioned 
precedlng''slc.^ ^^^^^ happen to be on Sundays, then the courts to be held 
tionmenUoned,on that day shall commence on the Monday following; 



COSTS. 165 

and when the counties of Iroquois and Champaign shall shall happen 
foe organized, under the provisions of the acts of this leg- JJ'g^'JjJ^^^' 
islature, then the judge of the fourth judicial circuit shall commenoe 
shall have power to change the time of holding courts in on the Monday 
the county of Coles, so as to suit the time of holding ^°^^owi"g- 
courts in the said counties of Champaign and Iroquois. 

Sec. 3. If from any cause whatever the judge of the When the 
first judicial circuit, shall not attend at the regular term^g^^^f.^^j^ 
appointed by law for holding said court, in any county circuit* shall 
therein, it shall he the duty of said judge to appoint a not attend at 
special term of said court for the purpose of tryinsr allj^®'^^^"^^^^ 

i,i..i J ' ' ^ ix. J. ^ i. -u*^ term, he may 

causes, both civil and criminal that may nave been regu- appoint a spe- 
larly brought, declaration filed, and process served, ten cial term, 
days before said special term, and the grand and traverse 
juries selected to attend at the regular term of said court, 
shall be summoned by the sheriff of the proper county to 
attend said special term, and all the causes on the docket 
at the time the regular term of said court should have 
been held, shall be continued over to the said special 
term, and the court shall have all the power and the par- 
ties all the rights at said special term, that they would rr,^^ 
have had at any regular term of said court; and the pro- of this act ex-^ 
visions of this act providing for the holding special terms tended to the 
of courts in the first judicial circuit is hereby extended to °^^^^ circuits. 
all the circuits in this state. 

Sec. 4. It shall be the duty of the county commis- ^^"^^^^^^^-f 
sioners' court of Morgan county to summon two pannels Morgan county 
of jurors for each term of the circuit court of said coun-to summon two 
ty, the first to serve the first week of the said court, and ^^^^.Q^g^^^* °^- 
the second, the second week of^aid court. 

Sec. 5. All process, suits, and recognizances which P^^ocess. 
have been or may be issued and made returnable to the 
courts, as at present arranged, shall be taken and consid- 
ered to be returnable to the terms fixed by this act, and 
shall be as valid as if made returnable to the terms fixed 
hj this act. Approved, March 2, 1833. 



COSTS. 

jIJV a CT concerninff Costs* In force June 

^ 1, 1827. 

Sec. 1. Be it enacted by the people of the state of Illinois, 
represented in the General Assemble/, That in all actions on 
office bonds for the use of any person; actions on the ^°"^^^^j*'^. 
bonds of executors, administrators or guardians ; qui tarn for costs. 



166 - COSTS. 

actions; actions on any penal statute; and in all cases in 
law or equity, where the plaintiff or person for whose use 
an action is to be commenced, shall not be a resident of 
this state, the plaintiff or person for whose use the action 
is to be commenced, shall, before he institute such suit, 
file, or caused to be filed with the clerk of the circuit or 
supreme court in which the action is to be commenced, 
an instrument in writing, of some responsible person, be- 
ing a resident of this state, to be approved by the clerk, 
whereby such person shall acknowledge himself bound 
to pay, or cause to be paid, all costs which may accrue in 
such action, either to the opposite party, or to any of the 
officers of such courts; which instrument in writing may 
be in the form, and to the purport following, to wit: 

A. B. ^ Court, 

vs. > 
C. D. S 
I do hereby enter myself security for costs in this cause, 
^"^* and acknowledge myself bound to pay or cause to be paid, 

all costs which may accrue in this action either to the op- 
posite party or to any of the officers of this court, in pur- 
suance of the laws of this state. Dated this day of 

E. F. 

cj . , If any such action shall be commenced without filincr 

dismissed. sucli mstrument of writing, the court, on motion, shall 

dismiss the same, and the attorney of the plaintiff shall 

^ pay all costs accruing thereon; and if at any time after 

Shan pay^osts. ^^^ Commencement of any suit by a resident of this state, 

he shall become non-resident; or, if in any case the court 

. shall be satisfied that any plaintiff is unable to pay the 

rulredTn^ce^ ^^^^^ ^^ ^"i*' ^^ ^^^^^ ^^^ ^^ ^^ unsettled as to endanger the 
tain cases to ofiicers of the court, with respect to their legal demands, 
give security jt shall be the duty of the court, on motion of the defen- 
dant or any ofiicer of the court, to rule the plaintiff on or 
before a day, in such rule named, to give security for 
the payment of costs in such suit: if such plaintiff shall 
neglect or refuse, on or before the day in such rule nam- 
ed, to file an instrument of writing of some responsible 
person, being a resident of this state, whereby he shall bind 
himself to pay all costs which have accrued, or may accrue 
in such action, the court shall, on motion, dismiss the suit* 
Sec. 2. If any court shall, before, or after the com- 
roor persons mencement of any suit, be satisfied that the plaintiff is a 
n»ay prosecute poor person, and unable to prosecute bis or her suit, and 
a.sK°"^ P^^^"^pay the costs and expenses thereof, they may, in their dis- 
cretion, permit him or her to commence and prosecute 
his or her action, as a poor person; and thereupon such 
person shall have all the necessary writs, process, and pro- 



COSTS. # 167 

ceedin-gs, as in other cases without fees or charge. The Counsel to be 
court may assign to such person counsel, who, as well as ^^^^^ned them. 
all other officers of the court, shall perform their duties 
in such suit without any fees, charge or reward: if judg- 
ment be entered for the plaintiiF, there shall be judgment 
for his costs; which costs shall be collected for the use of 
the said officers. 

Sec. 3. If any person shall sue in any court of this Plaintiffs costs 

. . *^ J^ , , . s to be taxed 

state, any action, real, personal or mixed, or upon any ^nd recovered 
statute for any offence or wrong immediately personal to by execution. 
the plaintiff, and shall recover any debt or damage in such 
action, then the plaintiff or demandant shall have judg- 
ment to recover costs against the defendant to be taxed; and Exception. 
the same shall be recovered together v/ith the debtor dam- 
ges by execution, except in the cases hereinafter mentioned. 

Sec. 4. If any person shall sue in any court of record 
of this state, any action, wherein the plaintiff or deman- When defen. 
dant might have costs in case judgment be given for him, ^^"^ -^^^^ ^^" 
and he he 7io7i-pros-d, or suffer a discontinuance, or j^^ ^°''^^^°-^^* 
non-suited after appearance of the defendant, or a verdict 
pass against him, then the defendant shall have judgment 
to recover his costs against the plaintiff, (except against 
executors or administrators prosecuting in the right of 
their testator or intestate.) or demandant to be taxed, and 
the same shall be recovered of the plaintiff or deman- 
dant, by like process as the plaintiff or demandant might 
have had against the defendant, in case judgment, had 
been given for such plaintiff or demandant. 

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

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

Sec 7. Where any defendant in any action, or plain- 
tiff in replevin, shall plead several matters, and any of ^i°4' 3° J^", 
such matters, upon demurrer joined, shall be adjudged discretion 
insufficient, or if a verdict shall be found, in any issue of^^^^^o"^^^ 
the cause, for the plaintiff or demandant, costs shall be ^^^^'^'" " 
given at the discretion of the court. 

16 



of 
certain eas«s. 



J6S COSTS. 

Wheiethere Sec. 8. Where there are several counts in any. dccla- 

counts^.^^^^ ration, and any one of them be adjudged insufficient, or 
a verdict on any issue joined thereon, shall he found for 
the defendant, costs shall be awarded in the discretion of 
the court. 
Where several ^^^- ^' "^^h^re scvcral persons are made defendants 
deftaintoft to any action of trespass, assault, false imprisonment, 
some acquitted, detinue, replevin, trover, or ejectment, and any one or 
more of them shall, upon the trial, be acquitted by ver- 
dict, every person so acquitted shall recover his costs of 
suit, in like manner as if such verdict of acquittal had 
been given in favor of all the defendants. 

Sec. 10. In all suits upon any writ of scire facias^ or 
upon prohibition, the plaintiff obtaining judgment, or an 
On scire facias award of exccution, after plea pleaded, or demurrer join- 
& prohibition, ed therein, shall recover his costs of suit ; if the plain- 
tiff shall be non-suited^ iion-pres'd^ or suffer a^disccntinu- 
ance, or a verdict shall pass against him, the defendant 
shall recover his costs. 

Sec. 11. In no case in the circuit court shall the fees 
Costs for four of morc than four witnesses be taxed against the party 
M-iinesses only against whom judgment shall be given for costs, unless 
the court shall certify on their minutes, that more than 
four witnesses were really necessary; in which case the 
clerk shall tax the costs of as many witnesses as the 
court shall so certify. 

Sec. 12. In all cases, where any action shall be di&- 

Co%\s »n cases jjjjggg^ f^j. irregularity, or be non-pros'^doT non-suitcdhy 

reason that the plaintiff neglects to prosecute the same, 

the defendant shall have judgment for his costs, to be 

taxed, and have execution thereof. 

Sec. 13. In all suits and actions commenced, or to be 
people. &:c. Commenced for, and on behalf of the people of this state, 
are piaifttifii or the governor thereof, or on behalf of the president 
and directors of the state bank, or for, or on behalf of any 
county of this state, or in the name of any person for the 
use of the people of this state, or any county, then and 
in every such case, if the plaintiff or plaintiffs shall re- 
cover any debt or damages in such action or suit, the 
plaintiff or plaintiffs shall recover costs as any other per- 
son in like cases : but if such plaintiff or plaintiffs suffer 
a discontinuance, or be non-suited^ or noti-pros\l ov ver- 
dict pass against such plaintiff or plaintiffs, the defendant 
shall not recover any costs whatever. Nothing in this 
section contained shall extend to any popular action, nor 
to any action to be prosecuted by any person in behalf 
of himself and the people or a county, upon any penal 
statute. 



COSTS. 169 

Sec. 14. Upon the complainant dismissing his bill in ^^'J^^^Ji'gJj^ 
equity, or the defendant dismissing the same for want of ^^^^^^y^ 
prosecution, the defendant shall recover against the com- 
plainant full costs; and in all other cases in chancery, 
not otherwise directed by law, it shall be in the discre- 
tion of the court to award costs or not ; and the payment 
of costs, when awarded, may be compelled by execu- 
tion. 

vSec. 15. When any suit shall be commenced in the 
name of one person, to the use of another, the person to usTbSund for 
whose use the action is brought shall be held liable and eosts. 
bound for the payment of all costs which the plaintitTmay 
be adjudged or bound to pay, to be recovered by action 
on the case. 

Sec. 16. In all cases of appeal or cerliorari upon the ^ tjealov 
judgments of justice of the peace, when the judgment of ^.J^ " 
the justice of the peace shall be wholly affirmed or re- 
versed, the party succeeding shall recover from the op- 
posite party his costs, not only in the circuit court but 
before the justice of the peace, and shall have his execu- 
tion therefor: not more than fifteen dollars shall be tas- 
€d for costs in the circuit court, against the losing party 
in any such case; whatever costs shall have been made by 
the'party succeeding in such appealer certiorari over and 
above the said sum of fiileen dollars, shall be paid by him- 
self: where the judgment of the justice of the peace 
shall be affirmed in part, then the court shall divide the 
costs between the parties, according to the justice of the 
case. 

Sec. 17. In all cases of appeal from the decision of Appeal from 
a judsre of probate, the costs shall be in the discretion ofj^dgeof pio- 
the circuit court. '^"^^' ^'^• 

Sec. 18. If any person shall sue out a writ of error, On appeals (x 
or take an appeal to the supreme court, to review the judg- writs of error 
ment of the circuit court, and the same judgment be af- ^° ^"P^®"^^ 
firmed, or the writ of error be discontinued or quashed, ^°^^^ * 
or the plaintiff in error or appellant be non-suited, the 
defendant in error or appellee shall recover his costs, and 
have execution therefor; and if the judgment be revers- 
ed, the appellant or plaintiff in error shall recover his 
cossts, and shall have execution therefor, as in other cases. 

Sec. 19. In every such case, if the judgment or de- 
cree be affirmed in the whole, the party prosecuting such p^ eenwtn 
writ of error or appeal shall pay to the opposite party a &c. maybe 
sum not exceeding ten per centum on the amount of the awarded. 
judgment or decree so attempted to be reversed, at the 
discretion of the court, and in addition to the costs, shall 
have judgment and execution thereof: Provided, the su- 



1^0 COSTS. 

preme court shall be of opinion that such appealer writ 
of error, was prosecuted for delay. 

Sec. 20. M'herc such judgment or decree shall be re- 
Costs may be vcrsed in part, and aflirmed in part, the costs shall be ap- 
apportioned. portioned bctwccn the parties, according to the discre- 
tion of the supreme court. 

»Sec. 21. The clerk of any court in this state, is here- 
by authorized and required to tax and subscribe all bills 
Di.tyof clerks, of costs arising in any cause or proceeding, institued in 
the court of whicli he is clerk, agreeably to the feest 
which shall, for the time being, be allowed or specified 
by law : and shall in no case allow any item or charge, 
unless he shall be satisfied that the service for which it 
v.as made, was actually performed in the cause. 

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

the taxation of 'any bill of costs by the clerk, he may ap- 

Remcdy for ply to the court in which the action or proceeding was 

gdevej.^^" had, to retax the same according to law : if the said court 

sliall find any charge allowed for services not performed, 

or for which the person charged is not liable, or any item 

charged higher than by law is allowed, tlicn the court 

shall correct such taxation, and if the party aggrieved 

shall have paid such unlawful charge, the clerk shall for- 

Liablljty cf fcit all fecs allowed to him for taxation; and shall pay to 

clerks. (}^g party aggrieved the whole amount which he may 

have paid, by reason of the allowing of such unlawful 

charge. 

Sec. 23. In all cases where either party shall be ad- 
Fee bills may judged to pay costs before final iudi^ment, by reason of 

gooutincer- "^ ,5 .\ '^ •. i r i.^ ^ ^ :\ 

tain cases be- settmg aside non-suit^ deiault, or non-pross, or the granting 
fore final of a Continuance or new trial, or otherwise, and in all 

judgment. cases where there is security for costs, or attorney liable 
for costs, or an action brought to the use of another, and 
tlie plaintiff shall be adjudged to pay the costs, either 
before or upon final judgment, it shall be lawful for the 
clerk to make out and tax a bill of costs so adjudged to 
be paid, against the party adjudged to pay the same and 
against his security for costs, or other person liable for 
the payment thereof, or either of them, and certify the 
same under the seal of the court, which being delivered 
to the sheriff of the proper county, he shall demand pay- 
ment from the person therein charged ; if pajTnent shall 
not be made accordingly, w^ithin thirty days after such 
demand, the sheriff shall levy the same on the goods and 
chattels, lands, and tenements of the person so chargea- 
ble, and proceed therein in all things as on a writ of ^en 
facias, 
Acti repealed. Sec. 24. All acts and part of acts coming wlthln the 



CRIMINAL CODE 171 



punlew of this act, are hereby repealed : but all costs, 
actions, and rights, which have accrued under any law, 
repealed bjthis act, are saved from the operation of thci 
foregoing repealing clause. 

This act to be in force on the first day of June next. 
Approved, January 10, 1827. 



CRLAIINAL CODE. 

A JS" ACT relative to Criminal Jurisprudence, Ut. 1833. 

Be it enacted hy the people of the state of Illinois, represent- 
ed in the General Assembly, That the following shall, 
from and after the first day of July next, constitute the 
code of criminal jurisprudence of this state. 

First Division. 

Persons capable of committing crimes. 

8e.c. 1. A crime or misdemeanor consists in a viola- ^?^"^^^°*^ ^^ 
lion of a public law, in the commission of which there 
shall be an union or joint operation of act and intention, 
or criminal negligence. 

Sec. 2. Intention is manifested by the circumstances - 
connected with the perpetration of the offence, and the 
sound mind, and discretion of the person accused. 

Sec. 3. A person shall be considered of sound mind^^^^^^jjjj^^; 
who is neither an idiot or lunatic, or affected with insan- sound mind, 
ity ; and who hath arrived at the age of fourteen years, 
or before that age, if such person know the distinction 
between good and evil. 

Sec. 4. An infant under the age of ten years, shall infant 
not be found guilty of any crime or misdemeanor. 

Sec. 5. A lunatic or insane person, without lucid in- . 
tervals, shall not be found guilty of any crime or mis- ""* ^^* 
demeanor, with which he may be charged : Provided, the 
act so charged as criminal, shall have been committed in 
the condition of insanity. 

Sec. 6. An idiot shall not be found guilty, or punish- 
ed, for any crime or misdemeanor, with which he or she ^°* 
inay be charged. 

Sec. 7. Any person counseling, advising, or encour- 
aging an infant under the age of ten years, lunatic, or 
16* 



172 CRLMINAL CODE. 

Tersonscoun- idiot, to Commit any offence, shall be prosecuted for such 
seiing&en- ofTencc whcn committed, as principal, and if found guil 
fantT&c^'to tj, shall suiTer the same punishment that would have 
commit crimes been inflicted on such person counseling, advising, or 
to be punished encouraging, as aforesaid, had he or she committed the 
as pnncipa s. q|^^,j^^^ dircctlj, without the intervention of such infant, 

lunatic, or idiot. 

Sec. 8. A married woman acting under the threats, 

command, or coercion of her husband, shall not be found 

nien"vhen°act- g^^^^J *^^ ^^J Crime or misdemeanor not punishable with 

ing under the death, provided it appear from all the facts and circum- 

coejcionof stauccs of the case, that violent threats, command, or co- 

eir lus an s. ^^j.^^^^^^ wcrc uscd ; and in such case the husband shall be 

prosecuted as principal, and receive the punishment 

which would otherwise have been inflicted on the wife, 

if she had been found guilty. 
T^ , Sec. 9. Drunkenness shall not be an excuse for anv 

noexcusefor crimc or misdemeanor, unless such drunkenness be oc- 
criine, unless casioncd by the fraud, contrivance, or force, of some oth- 
when caused ^j. pej-gon or Dcrsons for the purijose of causing the per- 

by anomer. , j- r rr • i- u ji 

petration of an offence; in which case the person or per- 
sons so causing said drunkenness, for such malignant pur- 
pose, shall be considered principal, or principals, and suf- 
fer the same punishment as would have been inflicted on 
causin'-itto ^liG pcrsou or pcrsous committing the offence, if he, she, 
be punished or they had been possessed of sound reason and discre- 
tion. 
Acts coraniit- ^^c. 10. Acts committed by misfortune or accident^ 
ted by accident shall not be deemed Criminal, where it satisfactorily ap- 
pears, that there was no evil design or intention, or cul- 
pable negligence. 

Sec. 11. A person committing a crime, or misdemea- 
Tersonscom- nor, not punishable Avith death, under threats or mena- 
miiting crimes ^gg which sufficicntlv shcw, that his, or her life, or mem- 
under(hrcats. ^^^ wfts in danger '/or that he, or she, had reasonable 
cause to believe, and did believe, that his, or her life or 
member was in danger; shall not be found guilty: and 
such threats or menaces being proved and cstabhsh- 
cd, the person or persons compelling by such threats, 
or menaces, the commission of the offence, shall be con- 
sidered as principal or principals, and suffer the same 
punishment, as if he or she, had perpetrated the offence. 
Sec. 12. A person that becomes lunatic or insane af- 
A person who tCF the commission of a crime or misdemeanor, ought not 
becomes insane to be tried for the offcnce during the continuance of the 
after the com- lunacy, or insanity. If after verdict of guilty, and be- 
SSl^^'notto fore judgment pronounced, such persons become lunatic 



CRIMINAL CODE. # 173 

or insane, then no judgment shall be given, while such lu- ^^ punished 
imcj or insanity shall continue. tSiT^ 

And if after judgment, and before execution of the sen- 
tence, such person become lunatic or insane, then in case Jury to be em^ 
the punishment be capita], the execution thereof shall be P^'^"^^®^.^^ ^ 
stayed until the recovery of said person from the insanity ^/lunatic"^^"^ 
CO- lunacy. In all of these cases, it shall be the duty of 
the court to empannel a jury to try the question, whether 
the accused be, at the time of empanneling, insane or 
lunatic. 

Second Division. 

Accessories in Crimes. 

Sec. 13. An accessory is he or she, who stands by and 
aids, abets, or assists ; or who not being present aiding. Accessory. 
alDctting, or assisting, hath advised and encouraged the 
perpetration of the crime. He or she, who thus aids, 
abets, or assists, advises, or encourages, shall be deemed 
and considered as principal, and punished accordingly. 

Sec. 14. An accessory after the fact, is a person who, . 
after full knowledge that a crime has been committed, the fact, 
conceals it from the magistrate, or harbors and protects 
the person charged with or found guilty of the crime. 

Any person being found guilty of being an accessory 
after the fact, shall be imprisoned for any term not ex- 
ceedingtwo years, and fined in a sum not exceeding fi\^ 
hundred dollars, in the discretion of the court, to be reg- 
ulated by the circumstances of the case, and the enormi- 
ty of the crime. 

Third DmsioN. 

Who may be Witness in Criminal Cases, 



Sec 15. The party or parties injured, shall, in all ca- ^" ^" <^^^^s t* 
ses, be competent witnesses, unless he, she, or they, shall witness. 



Party injured 
all cases to 
a competent 
. tv-i 

he rendered incompetent by reason of his, her, or their 
infamy or other legal incompetency, other than that of 
interest; the credibility of all such witnesses shall be left "^'^'^'^''^ 
to the jury as in other cases. 

Sec 16. No black or mulatto person, or Indian, shall 
be permitted to give evidence in favor, or against, any . 

Wliite person whatsoever. Every person who shall have no^be wi- 
ane fourth part or more of negro blood, shall be deemed ness against 
a mulatto, and every person who shall have one half In- ^^^^ persons, 
dian blood, shall be deemed an Indian. 



in 



CRIMINAL CODE. 



^^ Sec. 17. Approvers shall not be allowed to give tesii- 

^ * monj. 

Afaim&tiou. ^EC, 18. The solemn affirmation of witnesses shall be 

deemed sufficient. A false and corrupt affirmation shall 

If false, to bo subject the witness to all the penalties and punishment 

deemed pej-jyiy. pi-QyiJed for those who Commit wilful and corrupt perjury. 

FoLRTii Division. 



Crimes against 
the Govern- 
ment. 



Treason, in 
what it consists. 



Crimes against the Government and People^ 

Sec. 19. Crimes against the government and people, 
shall consist in treason, and misprision of treason, £md 
can onlj be committed bj persons owing allegiance to the 
state. 

Sec. 20. Treason shall consist in levying war against 
the government and people of this state, in the same, or 
being adherent to the enemies of this state, giving them 
aid, advice, and comfort in this state, or elsewhere. Any 
person being hereof duly convicted of open deed, by two 
or more witnesses, or voluntary confession in open court, 
sliall suffer the pains and penalties of death: and when 
the overt act of treason shall be committed, without the 
limits of this state, the person charged therewith, may be 
arrestedj tried, and punished in any county of this state, 
within the limits of which he may be found ; and the of- 
fence may be charged to have been committed in the 
county where he may be arrested. 

Sec. 21. IMisprisions of treason shall consist in the know- 
ledge and concealment of treason, without otherwise as- 
senting to, or participating in the crime. Any person 
found guilty thereof, shall be punished by confinement in 
the penitentiary for any term not exceeding two years. 

Fifth Di\t[sion. 

Offences against the persons of individuals. 

Sec. 22. Murder is the unlawful killing of a human 
being, in the peace oi the people, with malice afore- 
tliought, either express or implied. The unlawful kil- 
ling may be perpetrate d by poisoning, striking, starring, 
drowning, stabbing, shooting, or by any other of the va- 
rious forms, or means, by which human nature may be 
overcome, and death thereby occasioned. 
Express^ma- ^^^' ^^' Express malice is that dehberate intention 
lice , defluition Unlawfully to take away the Life of a fellow creature 

of. 



Misprisions of 
treason. 



Punishment. 



nition of. 



GIUMINAL CODfi. 175 

which is manifested bj external circumstances, capable 
of proof. 

8ec. 24. Malice shall be implied, when no considera- Malice implied, 
ble provocation appears, or when all the circumstances 
of the killing, show an abandoned and malignant heart. 
The punishment of any person or persons convicted of Punishme&t. 
the crime of murder, shall be death. 

Sec. 25. Manslaughter is the unlawful killing of a hu- Manslaughter 
man being without malice express or implied, and with- definition of. * 
out any mixture of deliberation whatever. It must be 
voluntary, upon a sudden heat of passion, caused by a 
provocation apparently sufficient to make the passion ir- 
resistible or involuntary, in the commission of an unlavi^ 
ful act, or a lawful act without due caution or circum- 
spection. 

Sec. 26. In cases of voluntary manslaughter, there Voluntary 
must be a serious and highly provoking injury inflicted manslaughter. 
upon the person killing, sufficient to excite an irresistible 
passion in a reasonable person, or an attempt by the per- 
se^ killed to commit a serious personal injury on the per- 
son killing. 

Sec. 27. The killing must be the result of that sudden M^st be the 
violent impulse of passion, supposed to be irresistible; for result of violent 
*!f there should appear to have been an interval between passion. 
the assault or provocation given and the killing, suffi- 
cient for the voice of reason and humanity to be heard, 
the killing shall be attributed to deliberate revenge, and 
punished as murder. 

Sec. 28. Involuntary manslaughter shall consist in the involuntary 
killing of a human being, without any intent so to do, in manslaughter, 
the commission of an unlawful act, or a lawful act, which definition of. 
probably [might] produce such a consequence, irl an un- 
lawful manner: Provided always^ That where such invol- 
untary killing shall happen in the commission of an un- 
lawful act, which in its consequences naturally tends to 
destroy the life of a human being, or is committed in the 
prosecution of a felonious intent, the offences shall be 
deemed and adjudged to be murder. 

Sec. 29. Every person convicted of the crime of man- Punishment, 
slaughter shall be punished by imprisonment in the peni- 
tentiary for a term not exceeding three years, and fined 
not exceeding one thousand dollars. 

Sec 30. In order to make the kiUing either murder ovj^^^^^^^"-^ 
manslaughter, it is requisite that the party die within a either murcF^r 
year and a day, after the stroke received, or the cause oformansiaughr- 
death administered; in the computation of which, the ^'^gJ'^P^.vi^Rv 
whole of the day on which the hurt was done, shall be in a year and 
reckoned the first. „ ^^y- 



176 



CRIiMINAL CODE. 



Accused to be 
tried in the 
county where 
the cxime was 
committed. 



Justifiable 
homicide, 
definition of. 



Bare fear not 
sufficient to 
justify tlie 
homicide. 



Person killing 
another in self 
defen'-c. 



An officer as- 
saulted in tlie 
discharge of 
his duty, sliall 
be justified 
in killing the 
aggressor. 



Sec. 31. If the injury be inflicted in one connty, anti 
the party die within another county, or without the" state, 
the accused shall ])e tried in the county wlicre the cause 
of death was administered. And if the party killing 
shall be in one county, and the party killed be in another 
county, at the time the cause of death shall be adminis- 
tered, the accused may be tried in either county. 

Sec. 32. Justitiable homicide is the killing of a human 
being in necessary self defencCvOriu defence of habita- 
tion, property, or person, against one who manifestly in- 
tends or endeavors by violence or surprise to commit a 
known felony, such as murder, rape, robbery, burglary, 
and the like, upon either person or property, or against 
any person or persons who manilestly intend and endea- 
vor, in a violent, riotous, or tumultuous manner, to enter 
the habitation of ^mother for the purpose of assaulting or 
ofiering personal violence to any person dwelling or be- 
ing therein. 

Sec. 33. A bare fear of any of these offences, to pre- 
vent which the homicide is alledgcd to have been commit- 
ted, sliall not be suflicient to justify the kilhng. It must 
appear that the circumstances were sufficient to excite 
the fears of a reasonable person, and that the party kil- 
ling really acted under the influence of those fears, and 
not in a spirit of revenge. 

Sec. 31. If a person kill another in self defence, it must 
appear that the danger was so urgent and pressing, that 
in order to save his own life, or to prevent his receiving 
great bodily harm, the killing of the other was absolute- 
ly necessary; and it must appear also, that the person 
killed was the assailant, or that the slayer had really and 
in good faith, endeavored to decline any further struggle 
belbre the mortal l^low vras given. 

Sec 35. If an officer in the execution of his office in 
a criminal case, having legal process, be resisted and a^ 
saultcd, he shall be justified if he kill the assailant. If 
an officer or private person attempt to take a person 
charged with treason, murder, rape, burglary, robbery, 
arson, perjury, forgery, counterfeiting, or other crime, de- 
nominated felony by the common law, and he or they be 
resisted in the endeavor to take the person accused, and 
to prevent the escape of the accused by reason of such 
resistance, he or she be killed, the officer or private person 
so killing shall be justified: Provided^ That such officer 
or private person, previous to such killing, shall have used 
all reasonable elforts to take the accused without success, 
and that from all probability there was no prospect of be- 



CRIMINAL CODR 177 

ing able to prevent injury from such resistance and the 
consequent escape of such accused person. 

Sec. 36. Justifiable homicide may also consist in una- Justifiable 
voidable necessity, without any will or desire and without ^,°^^|^J ^^ ^j^^_ 
any inadvertence or negligence in the party killing. An voidable 
officer who in the execution of public justice puts a per- "^c^ssity. 
son to death in virtue of a judgment of a competent court 
of justice, shall be justified. The ofticer must, however, 
in the performance of his duty proceed according to the 
sentence, and the law of the land. 

Sec. 37. Excusable homicide by misadventure, is when Excusable 
a person in doing a lawful act, without any intention ^^'^jj^^^^^^^of 
killing, yet unfortunately kills another; as where a man 
is at work with an axe, and the head flies off and kills a instances of. 
bystander; or where a parent is moderately correcting his 
child, or master his servant, or scholar, or an ofiicer pun- 
ishing a criminal, and happens to occasion death, it is on- 
ly a misadventure; for the act of correction was lawful; 
but if a parent or master exceed the bounds of modera- 
tion, or the ofiicer the sentence under which he acts, 
eitlier in the manner, the instrument, or quantity of pun- 
ishment, and death ensue, it will be manslaughter, or All ioastances 
murder, according to the circumstances of the case. as above shaji 

Sec. 38. All other instances which stand upon the same j^,stjfiabie 
footing of reason and justice as those enumerated, shall homicide, 
be considered justifiable or excusable homicide. When justifia- 

Sec. 39. The homicide appearing to be justifiable or ^^^^J^^^^^P^^^" 
excusable, the person indicted, shall, upon his trial, be flitted. 
fully acquitted and discharged. 

Sec. 40. The killing being proved, the burden of prov- In jiistif}ing 
ing circumstances of mitigation, or that justify or excuse ^^^^^^^^J|j."°jJ^^ 
the homicide, will devolve on the accused, unless the devolves on 
proof on the part of the prosecution, sufiiciently mani- the accused, 
tests that the crime committed only amounts to man- 
slaughter, or that the accused was justified, or excised, in 
committing the homicide. 

Sec 41. If any woman shall endeavor, privately, either Mother con- 
by herself or the procurement of others, to conceal ^he ^^^^^jJ'^J^^ ^^^ 
death of any issue of her body, male or female, v. hich if lard child, 
born alive, would be a bastard, so that it may not come to 
light, whether it shall have been murdered or not, every 
such mother being convicted thereof, shall sutfer impri- ^""^*^"^^"*- 
sonment in the county jail, for a term not exceeding one 
year; Provided however^ That nothing herein contained, Pro\iso, 
shall be so construed as to prevent such mother from be- 
iiig indicted and punnished for the murder of such bastard 
child. 



178 



CRIMINAL CODE. 



Distinction be- 
tween petit 
treason and 
murder abol- 
ished. 



Duelling. 



Punishment. 



Party chal- 
lenging. 



Party accept- 
ing thereof. 



Punishment. 

Party deliver- 
ing a challenge. 

Seconds. 
Punishment. 



In indictments 
for duelling, 
&c. it shall not 
be necessary 
to specify the 
kind of weapon 
«ith which the 
duel wa* 
fought. 



Sec. 42. The distinction between petit treason and 
murder, Is hereby abolished. Any jicrson who might 
have been indicted for petit treason, sliall hereafter be 
indicted for murder, and if convicted, be punished ac- 
cordingly. 

Sec. 43. If any person hereafter shall wilfully and ma- 
liciously, or by agreement, fight a duel, or single combat, 
with any engine, instrument, or weapon, the probable 
consequence of which might be the death of cither par- 
ty, and in so doing, shall kill his antagonist, or any person 
or persons, or shall inflict such wound, as that the party 
injured shall die thereof within one year thereafter; every 
such otfender, his second, as well as the second of the 
person killed, and all aiders, abettors, and counselors, be- 
ing thereof duly convicted, shall be considered to have 
committed a high misdemeanor and sliall be punished by 
confinement to labor in the penitentiary, for any term 
not exceeding five years, nor less than one year. 

Sec. 44. If any person shall hereafter challenge an- 
other to fight a duel with any deadly w^eapon, or in any 
manner whatever, the probable issue of w^hich might re- 
sult in the death of either; or if any person shall accept 
a challenge or agree to fight a duel, every person so offen- 
ding shall, uj)on con\'iction thereof, be rendered incapa- 
ble of holding or being elected to any oflice of profit, 
trust, or emolument, either civil or military, under the 
government of this state, and be fined in a sum not ex- 
ceeding one hundred dollars. 

Sec 45. If any person shall willingly or knowing- 
ly, carry or deliver any M^ritten challenge, or verbally 
deliver any message intended as, or purporting to be, a 
challenge, or shall be present at the fighting of any 
duel as aforesaid, as a second or aid, or give countenance 
thereto, such person being thereof duly convicted shall 
be subject to the same fine and disabilities, as are provi- 
ded in the case "of sending a challenge as aforesaid. It 
shall not be necessary in an indictment against any per- 
son or persons for fighting a duel, or aganist their seconds, 
aiders, abettors, or counselors, or against any person 
for sending or accepting a challenge, or for carrying any 
challenge, or delivering any message, intended as, or 
purporting to be a challenge, or for being present at the 
fighting of any duel, as a second, or for aiding or giving 
countenance to any duel, or the sending or accepting 
any challenge, to specify the nature or kind of the en- 
gine, instrument, or weapon with which the duel shall be 
fought, or intended to be fought, so that it be alledged 
in the indictment, that the engine, weapon, or instru- 



mis- 
carnaae. 



CRIMLNAL CODE. 179 

ment was deadly, the probable consequence of fighting 
with which, might be the death of either of the parties. 
Sec. 46. Ev^ry person who shall wilfully and mali- 
ciously administer, or cause to be administered to, or ta- Poisoning, 
ken by any person, any poison, or other noxious or de- 
structive substance or liquid, with the intention to cause 
the death of such person, and being thereof duly con- 
victed, shall be punished by confinement in the peniten- Punishment. 
tiary for a term not less than one year, and not more than 
seven years. And every person who shall administer, or 
cause to be administered, or taken, any such poison, sub- When done to 
stance, or liquid, with the intention to procure the mis- P^°c."^^ 
carriage of any woman then bemg with child, and shall 
thereof be duly convicted, shall be imprisoned for a term 
not exceeding three years in the penitentiary, and fined ^'Jn^shment. 
in a sum not exceeding one thousand dollars. 

Sec. 47. Mayhem consists in unlawfully depriving a 
human being of a member of his or her body, or disfig- Mayhem, 
uring, or rendering it useless. If any person shall un- ^ "^^^°" 
lawfully cut out, or disable the tongue, put out an eye, 
slit the nose, ear, or lip, or disable any limb or member 
of another, or shall voluntarily and of purpose, put out 
an eye or eyes, every such person shall be guilty of 
mayhem, and, on conviction, shall be punished by 
confinement in the penitentiary, for a term not Jess ^"^*^^""^"*' 
tiian one year, nor more than three years: Provided, 
That no person shall be found guilty of mayhem, where "^'"°* 
the fact occurred during a fight had by consent, nor 
unless it appear that the person accused shall have been 
the assailant, or that the party maimed had, in good faith, 
endeavored to decline further combat. But in all other 
cases where the fact shall happen in actual fight, the 
party accused, being thereof duly convicted, shall be 
adjudged guilty of a high misdemeanor, and punished by 
imprisonment in the penitentiary not exceeding one year, 
and be fined not exceeding one thousand dollars. 

Sec. 48. Rape is the carnal knowledge of a female Rape, defini- 
forcibly, and against her will. Every male person of the tio" of- 
age of fourteen years and upwards, who shall have car- 
nal knowledge of any female child under the age of ten 
years, either with or without her consent, shall be ad- 
judged to be guilty of the crime of rape. Every person 
convicted of the crime of rape, shall be punished by con- Punishment. 
finement in the penitentiary for a term not less than one 
year, and may extend to life. 

Sec. 49. It shall not be necessary to prove emission to P^oo^ ^^ ^'^'5- 
convict any person of the crime of rape, or the crime ''°" """^ "^''^'■ 
against nature. ^^^^* 

17 



180 



CRIAHNAL CODE. 



Crime against 
nature. 

Punishment. 



Assault, defini 
tion of. 



Assault with 
intent to mur- 
der, &c. 
Punishment of 



With intent to 
inflict a bodily 
injury. 



Punishment. 



Assault and 
battery. 

False imprison- 
ment, defini- 
tion of. 



Punishment. 



Kidnapping, 
definition of. 



Punishment. 



Kidnapping 
free negroes. 



Sec. 50. The infamous crime against nature, either 
with man or beast, shall subject the offender to be pun- 
ished by imprisonment in the penitentiary for a term not 
less than one year, and may extend to life. 

Sec. 51. An assault is an unlawful attempt, coupled 
with a present ability to commit a violent injury on the 
person of another. 

Sec 52. An assault, with an intent to commit murder, 
rape, mayhem, robbery, or larceny, shall subject the of- 
fender to confinement in the penitentiary for a term not 
less than one year, nor more than fourteen years. An 
assault with a deadly weapon, instrument, or other thing, 
with an intent to inflict upon the person of another, a 
bodily injury where no considerable provocation appears, 
or where the circumstances of the assault show an aban- 
doned and malignant heart, shall be adjudged to be a 
high misdemeanor, and any person thereof duly convict- 
ed, shall be fined in a sum not exceeding one thousand 
dollars, and imprisoned not exceeding one year in the 
county jail. 

Sec 53. Assault and battery is the unlawful beating 
of another. 

Sec 54. False imprisonment is an unlawful violation 
of the personal liberty of another, and consists in con- 
finement or detention without sufiicient legal authority. 
Any person convicted of false imprisonment shall be 
fined in any sum not exceeding five hundred dollars, or 
imprisoned not exceeding one year in the county jail. 

Sec 55. Kidnapping is the forcible abduction or 
stealing away of a man, woman, or child from his or 
her own country, and sending or taking him or her into 
another. 

Sec 5G. Every person who shall forcibly steal, take, 
or arrest any man, woman, or child, whether white, black, 
or colored, in this state, and carry him or her into anoth- 
er country, state, or territory, or who shall forcibly take 
or arrest any person or persons whatsoever, with a design 
to take him or her out of this state, without having es- 
tablished a claim according to the laws of the United 
States, shall, upon conviction, be deemed guilty of kid- 
napping. Every person found guilty of kidnapping shall 
be confined in the penitentiary for a term not less than 
one year, and not more than seven years, for each person 
kidnapped, or attempted to be kidnapped. 

Sec 57. Every person who shall hire, persuade, entice- 
decoy, or seduce by false promises, misrepresentations, 
and the Hke, any negro, mulatto, or colored person, not 
being a slave, to go out of this state, or to be taken or re- 



CRIMINAL CODE. * 181 

moved therefrom, for the purpose and with the intent to 
sell such negro, mulatto, or colored person into slavery, 
or involuntary servitude, or otherwise to employ him or 
her for his or her own use, or to the use of another, 
without the free will and consent of such negro, mulat- 
to or colored person, any person so offending shall be 
deemed to have committed the crime of kidnapping, and 
upon conviction thereof, shall be punished as in the pre- 
ceding section. 

Sixth Division. 

Crimes and Offences against Habitations and other Buil- 
dings, 

Sec. 58. Every person who shall wilfully and mali- 
ciously burn, or cause to be burned, any dwelling house. Arson. 
kitchen, office, shop, barn, stable, store-house, ware-house, 
malt-house, still-house, factory, mill, pottery, or other buil- 
ding, the property of any other person, or any church, 
meeting-house, school-house, state-house, court-house, 
work-house, jail, or other public building, or any boat, 
or other water-craft, or any bridge of the value of fifty 
dollars, erected across any of the waters of this state, 
such person, so offending, shall be deemed guilty of ar- 
son, and upon conviction thereof, shall be punished by 
imprisonment in the penitentiary for a term not less than punishmen 
one year, nor more than ten years ; and should the life or 
lives of any person or persons be lost in consequence of 
any such burning as aforesaid, such offender shall be 
deemed guilty of murder, and shall be indicted and pun- 
ished accordingly. 

Sec 59. Every person who shall wilfully and mali- 
ciously set fire to any of the buildings or other property 
described in^the foregoing section, with intent to burn or 
destroy the same, shall be deemed guilty of a high mis- 
demeanor, and upon conviction thereof, shall be impris- 
oned in the penitentiary for a term not exceeding two 
years, and be fined in a sum not exceeding five hundred 
dollars. 

Sec. 60. Every person who shall, in the night time, 
wilfully, and maliciously, and forcibly, break and enter, ^"'^S^^'^^'. 
or wilfully and mahciously without force, (the doors or 
windows being open,) enter into any dwelling house, 
kitchen, office, shop, store-house, ware-house, malt-house, 
still-house, mill, pottery, factory, water-craft, church, or 
meeting-house, with intent to commit murder, robbery, 
rape, mayhem, larceny, or other felony, shall be deemed 



182 



CRIMINAL CODE. 



Punishment. 



guilty of burglary, and upon conviction thereof shall be 
punished by confinement in the penitentiary for a term 
not less than one year, nor more than ten years. 

Seventh Division. 



Robbeiy, cU 
finition of. 



Punishment. 



Larceny, de- 
finition oL 



Punishment. 



Person receiv- 
ing stolen goods 



Punishment. 



Propert)' ob- 
tained by larcC" 
iiy to be resto- 
red to the own- 



Crimes and Offences relative to property* 

Sec. 61. Robbery is the felonious and violent taking 
of money, goods, or other valuable thing, from the per- 
son of another, by force or intimidation. Every person 
guilty of robbery shall be punished by confinement in 
the penitentiary for a term not less than one yearj'nor 
more than fourteen years. 

Sec. C2. Larceny is the felonious stealing, taking and 
carrying, leading, riding, or driving away the personal 
goods of another. • Larceny shall embrace every theft 
which deprives another of his money or other personal 
property, or those means, or muniments by which the 
right and title to property, real or personal, may be ascer- 
tained. Private stealing from the person of another, and 
from a house in the day time, shall be deemed larceny: 
Larceny may be also committed by feloniously taking 
and carrying away any bond, bill, note, receipt, or any 
instrument of writing of value to the owner. Every person 
convicted o!" larceny, shall be punished by confinement in 
the penitentiary, for a term not less than one year, and 
not more than ten years. 

Sec. 63. Every person who for his own gain, or to 
prevent the owner from again possessing his property, 
shall buy or receive stolen goods, or any thing, the steal- 
ing of which is declared to be larceny, or property ob- 
tained by robbery, or burglary, knowing the same to 
have been so obtained, shall, upon conviction, be pun- 
ished by confinement in the penitentiary, for any term 
not less than one year, nor more than ten years, and 
every such person may be tried, convicted, and punished 
as well before, as after the trial of the principal. No 
person convicted of larceny, or of buying or receiving 
goods or other things obtained by larceny, burglary, or 
robbery, shall be condemned to the penitentiary, unless 
the money or the value of the thing stolen, bought, or 
received, shall amount to five dollars. 

Sec. 64. All property obtained by larceny, robbery, 
or burglary, shall be restored to the owner, and no sale, 
whether in good faith on the part of the purchaser, or 
not, shall divest the owner of his right to such property. 
Such owner may maintain his action not only against 



CRIMINAL CODE. 163 

the felon, but against any person in whose possession he 
may find the same. 

Sec. 65. Every person who shall mark or brand, alter Aiteimg orde- 
or deface the mark or brand of any horse, mare, colt, facing marks o. 
jack, jennett, mule, or any one or more head of neat cat- ^'^^"'^^^ 
tie, or sheep, goat, hog, shoat, or pig, not his or her own 
property, but belonging to some other person, with in- 
tent thereby to steal the same, or to prevent identifica- 
tion thereof by the true owner, shall, on conviction p^^,..,^^^^^^^^^ 
thereof, be punished by confinement in the penitentiary 
for a term not less than one year, nor more than three 
years: Provided, That no person shall be condemned to .^ 
the penitentiary, under this section, unless the value of 
the property affected shall amount to five dollars. And 
in case the value of the property affected by the offences 
herein described, or by larceny, or by buying or receiv- 
ing goods or other property obtained by larceny, rob- 
bery or burglary shall not amount to five dollars, then 
the offender shall be punished by imprisonment in the 
county jail, for a term not exceeding three months, and 
fined not exceeding fifty dollars. 

Sec. 66. Every servant, oflicer, or person employed in officers embe?,- 
any public department, station, or office of the government zling money. 
of this state, or any county of this state, or in any ofiice of 
a corporate body, who shall embezzle, steal, -secrete, or 
fraudulently take and carry away any money, goods, 
chattels, etlects, book or books of record, or of account, 
bond or bonds, promissory note or notes, bank bills or 
notes, or any other writing or security for the payment of 
money or property, of whatever description it may be, 
being the property of said state, county, or corporate bo- 
dy, shall, on con\iction, be punished by confinement in . 
the penitentiary, for a term not less than one year, nor "^''^^''^""^• 
more than ten years. 

Sec. 67. If any oflicer or person who now is, or here- 
after may be entrusted by law to collect, disburse, re- 
ceive, or safely keep, any money or moneys, revenue or 
revenues, belonging to this state, to the school fund of 
this state, to the school fund of any county or township, 
to any county in this state, to any canal, turnpike, or 
rail-road fund of this state, or any county thereof, or to 
the president and directors of the state bank, or to any 
fund for the improvement of any public road, river, 
creek, or other water course, bordering on or within this 
state, or to any other fund, now being, or hereafter to be 
established by law, for public purposes, and who shall Failing and re- 
fail or refuse to pay over all moneys, warrants, bills, 0*^4'" mmi^vf 
notes, and orders which any such officer or person shall Szc " ' 

17* 



184 CRIMINAL CODE. 

receive for disbursement, and has not disbursed, or shall 
collect, or shall receive, or shall receive for safe keep- 
ing, belonging to this state, to any county of this state, 
or to any such fund as aforesaid^ when such officer or 
person shall be thereto required by law, and demand 
duly made by the successor or successors of such officer 
or person in office, or by the officer or person to whom 
such moneys, warrants, bills, notes, or orders, ought by 
law to be paid over, or his or their attorney, or agent 
duly authorized in writing, signed and acknowledged, if 
such demand be practicable; every such officer or person 
Punishmejit. shall, on conviction thereof, be punished by confinement, 
in the penitentiary for any term not less than one year, nor 
Proviso, n^ore than ten years: Provided^ That no person shall be 

committed to the penitentiary under this section, unless 
the money not paid over shall amount to one hundred 
dollars, if it appear that such failure or refusal shall be 
Persons con- Occasioned by unavoidable loss or accident. Every per- 
victed under son convicted under the provisions of this section, shall 
^''-^^^^^j°^^/^^" forever thereafter be ineligible and disqualified from 
boldina office? l^^lding any office of honor or profit in this state. 

Sec. 68. Every person who shall fraudulently or ma- 
^;^"^"^^"^^y liciously tear, burn, efface, cut, or in any other way de- 
^estroyhig°pa/ stroy any deed, lease, bond, will, or any other writing 
pei?,&c. sealed, or any bank bill or note, check, warrant for the 

payment of money or other thing, or other security for 
the payment of money or the delivery of goods, or any 
certificate or other public security of this state, or of tlie 
United States, or any of them, for the payment of 
money, or any receipt, acquittance, release, defeasance^ 
discharge of any debt, suit, or other demand, or any 
transfer, or assurance of money, stock, goods, chattels, or 
other property, or any letter of attorney or other power, 
or any day-book, or other book of account, or any agree- 
ment, or contract whatsoever, with intent to defraud, 
prejudice, or injure any person, or body corporate, shall, 
Punishment, upon conviction thereof, be punished by confinement in 
the penitentiary for a term not less than one year, nor 
more than five years. 

Sec. 69. Every person who shall knowingly, malicious- 
Removing land ly, and fraudulently, cut, fell, alter, or remove any cer- 
marks ^-^jfj boundary tree, or other allowed land mark, to the 

wrong of his neighbor, or any other person, shall, on con- 
viction thereof, pay a fine not exceeding one hundred 
Punishment, dollars, or be imprisoned in the county jail for a term 
not exceeding three months. 

Sec 70. If any clerk, apprentice, or servant, whether 
bound or hired, to whom any money, bank bill, or note, 



CRIMINAL CODE. 185 

or goods, or chattels shall be entrusted or delivered by Clerks or ap- 
his or her master or mistress, shall withdraw himself or PJgJJJJgp^^^. 
herself from his or her master or mistress, and go away ty with intent 
with the said money, bank bill, or note, or goods, or chat- to defraud or 
tels, or any pfirt thereof, with intent to steal the same,^^^^^* 
and defraud his or her master or mistress thereof, contra- 
ry to the trust or confidence in him or her reposed by his 
or her said master or mistress, or being in the service of 
his or her said master or mistress, shall embezzle the said o/i^ny?^^^ 
money, bank bill or note, goods or chattels, or any part 
thereof, or otherv/ise shall convert the same to his or her 
own use, with like purpose to steal the same, every such 
person so offending shall be deemed guilty of larceny, 
and be punished accordingly. 

Sec. 71. If any bailee of any money, bank bill, or Bailee eonvert- 
note, or goods, or chattels, shall convert the same to his or "^S property to 
her own use, with an intent to steal the same, he shall be 
deemed guilty of larceny in the same manner as if the Deemed guilty 
original taking had been felonious, and on conviction of larceny. 
thereof, shall be punished accordingly. 

Sec. 72. If any lodger shall take away with intent to Lodger embez- 
steal, embezzle, or purloin, any bedding, furniture, goods, zieing property, 
or chattels, which he or she is to use, in, or with his or 
her lodging, he or she shall be deemed guilty of larceny, Guilty of lar- 
a<nd on conviction, shall be punished accordingly. ^^'^^' 

Eighth Division. 

Forgery and Counterfeiting, 

Sec. 73. Every person who shall falsely make, alter, 
forge, or counterfeit, any record, or other authentic matter Forgery. 
of a public nature, or any charter, letters patent, deed, 
lease, indenture, writing obligatory, vrill, testament, co- 
dicil, annuity, bond, covenant, bank bill or note, post 
note, check, draft, bill of exchange, contract, promissory 
note, due bill for the pa^Toent of money or property, re- 
ceipt lor money or property, power of attorney, any au- 
ditor's warrant for the payment of money at the treasury, 
county order, or any accountable receipt, or any order, or 
warrant, or request for the payment of money, or the de- 
livery of goods or chattels of any kind, or for the delivery 
of any instrument of writing, or acquittance, release, or 
receipt, for money, or goods, or any acquittance, release, 
or discharge for any debt, account, action, suit, demand, 
or other thing real or personal, or any transfer or assu- 
rance of money, stock, goods, chattels, or other property 
whatever, or any letter of attorney, ox other power to 
receive money, or to receive or transfer stock, or annul- 



186 CRIJVIINAL CODE 

ties, or to let, leeise, dispose of, alien or convey any goods 
or chattels, lands or tenements, or other estate, real or 
personal, or any acceptance or endorsement of any bill 
of exchange, promissory note, draft or order, or assign- 
ment of any bond, writing obligatory, or promissory note, 
for money or other property, or shall counterfeit or forge 
the seal or hand writing of another, with intent to dam- 
age and defraud any person or persons, body politic or 
corporate, whether the said person or persons, body po- 
litic or corporate reside in, or belong to, this state or not; 
or shall utter, publish, pass, or attempt to pass as tine and 
genuine, or cause to be uttered, published, passed, or at- 
tempted to be passed as true and genuine, any of the 
above named false, altered, forged, or counterfeited mat- 
ters, as above specified and described, knowing the same 
to be false, altered, forged, or counterfeited, with intent 
to prejudice, damage, or defraud any person or persons, 
body politic or corporate, whether the said person or per- 
sons, body politic or corporate, reside in this state or 
not ; every person so offending, shall be deemed guilty of 
Punishment, forgery, and upon conviction thereof shall be punished by 
confinement in the penitentiary for a term not less than 
one year, nor more than fourteen years. 

Sec. 74. Every person who shall counterfeit any of the 
Counterfeiting, species of gold or silver coin now current, or that shall 
hereafter be current in this state, or shall pass or give in 
payment, or offer to pass or give in payment such coun- 
terfeited coin, or permit, cause, or procure the same to be 
altered or passed, with intention to defraud any person, 
body politic or corporate, knowing the same to be coun- 
terfeited, shall be deemed guilty of counterfeiting, and 
Punishment, being thereof duly convicted, shall be punished by con- 
finement in the penitentiary for a term not less than one 
year, nor more than fourteen years. 

Sec. 75. Every person who shall have in his or her 
Persons having possGSsion, or receive for any other person, any counter- 
in possession [qH gQ^j or silver coin or coins, of the species now cur- 
n^of gold oT" i*^^^? ^^ hereafter to be current in this state, with inten- 
siiver coin with tiou to uttcr or pass the same, or to permit, cause, or pro- 
intent to utter, cure the same to be uttered or passed, with intention to 
defraud any person or persons, body politic or corporate, 
knowing the same to be counterfeit, and being thereof 
duly convicted, shall be punished by confinement in the 
Punishment, penitentiary not less than one, nor more than fourteen 
years. 

Sec. 76. Every person who shall have in his or her 
possession, or shall receive from any other person, any 
forged promissory note or notes, or bank bill or bills, for 



CRIMINAL CODE. ' 187 

the payment of money with intention to utter or pass the Persons having 
same, or to permit, cause, or procure the same to be ut- J,^ p^^^^^^^^ 
tered or passed, with intention to defraud any person or notes, &c. with 
persons, body corporate or poHtic, whether such person intention to ut- 
or persons, body corporate or pohtic, reside in, or belong ^^'* 
to this state or not, knowing the same to be forged or 
counterfeited, or shall have or keep in his possession any 
blank or unfinished note or blank bill, made in the form 
or similitude of any promissory note, or bill for payment 
of money made to be issued by any incorporated bank, or 
banking company in this state or elsewhere, with inten- 
tion to fill up and complete such blank and unfinished 
note or bill, or to permit or cause or procure the same to 
be filled up and completed, in order to utter or pass the 
same, or to permit or cause or procure the same to be ut- 
tered or passed, to defraud any person or persons,-body 
politic or corporate, whether in this state or elsewhere, 
shall, upon conviction thereof, be punished by confine- py^jj^j^j^^^^ 
ment in the penitentiary, for a term not exceeding one 
year, nor more than fourteen years. 

Sec. 77. Every person who shall make, pass, utter, or jj^^.. . 
publish, with an intention to defraud any other person or session fictitious 
persons, body politic or corporate, either in this state or notes with in- 
elsewhere, or with like intention shall attempt to pass, *^^^ ^ ""^^° 
utter, or publish, or shall have in his or her possession, 
with like intent to pass, utter, or publish any fictitious bill, 
note, or check, purporting to be the bill, note, or check, 
or other instrument of writing for the payment of money 
or property of some bank, corporation, co-partnership, 
or individual, where in fact there shall be no such bank, 
corporation, co-partnership, or individual in existence, 
the said person knowing the said bill, note, check, or 
instrument of writing, for the payment of money or pro- 
perty to be fictitious, shall be deemed guilty of the crime 
of forgery, and on conviction thereof shall be punished Punishment. 
by confinement in the penitentiary for a term not less than 
one, nor more than fourteen years. 

Sec. 78. Every person who shall make, or knowingly Having in pos- 
have in his possession, any die, or dies, plate or plates, or session any ap- 
any apparatus, paper, metal, machine, or other thing w^hat- P^^^^tus for 
ever, made use of in counterfeiting the coin now made cur- ^°"^^^ ^^^*"^' 
rent or hereafter to be made current in this state,or in coun- 
terfeiting bank notes, or bills, whether such bank be situ- 
ate in this state or not, upon conviction thereof, shall be 
punished by confinement in the penitentiary for a term Punishment, 
not less than one year, nor more than fourteen years, and 
all such dies, plates, apparatus, paper, metal, machines, 
intended for the purposes aforesaid, shall be destroyed. 



188 



CRIMINAL CODE. 



In trials for 
forgery, it shall 
be unnecessary 
to prove the 
incorporation 
by the charter. 



Persons of 
skill shall be 
competent to 
prove the 
forgery. 

Obunterfeiting 
public seals. 



Having in pos- 
session and 
concealing 
counterfeited 
seals. 

Punishment. 



Sec. 79. On the trial of any person for forging any 
bill or note, purporting to be the bill or note of some in- 
corporated company, or bank, or for passing or attempting 
to pass, or having in possession with intent to pass, any 
such forged bill or note, it shall not be necessary to prove 
the incorporation of such bank or company by the char- 
ter or act of incorporation, but the same may be proved 
by general reputation. 

Sec 80. Persons of skill shall be competent witnesses 
to prove, that such bill or note is forged or counterfeited. 

Sec 81. Every person who shall fraudulently forge, 
deface, corrupt, or counterfeit the seal of this state, or 
the seal of any court, or public officer, by law entitled to 
have and use a seal, and shall make use of the same, or 
shall forge or counterfeit the signature of any public of- 
ficer, or shall unlawfully, and corruptly, and with evil in- 
tent, affix any of the said true seals to any commission, 
deed, warrant, pardon, certificate, or other writing, or 
who shall have in his possession or custody, any such 
counterfeited seal, and shall wilfully conceal the same, 
knowing it to be falsely made and counterfeited, and 
shall thereof be convicted, shall be punished by confine- 
ment in the penitentiary for a term not less than one, 
nor more than fourteen years. 



Ninth Divisiox. 



Peijury. 



Punishment, 



When procur- 
ing the connc- 
tion and exe- 
cution of an 
innocent per- 
son, it shall be 
deemed mur- 
der. 

In indictments 
for it, shall be 



Crimes and Offences against Public Justice, 

Sec 82. Every person having taken a lawful oath, or 
made affirmation in any judicial proceeding, or in any 
other matter where by law^, an oath or affirmation is re- 
quired, who shall swear or affirm wilfully, corruptly, and 
falsely, in a matter material to the issue, or point in 
question, or shall suborn any other person to swear or 
affirm as aforesaid, shall be deemed guilty of perjury, or 
subornation of perjury, (as the case may be,) and upon 
conviction thereof, shall be punished by confinement in 
the penitentiary for a term not less than one year, nor 
more than fourteen years. 

Sec 83. Every person who, by wilful and corrupt per- 
jury, or subornation of perjury, shall procure the convic- 
tion and execution of any innocent person, shall be deem- 
ed and adjudged guilty of murder, and upon conviction 
thereof, shall suffer the punishment of death. 

Sec 84. In every indictment for perjury or suborna- 
tion of perjury, it shall be sufficient to set forth the sub- 
stance of the offence charged upon the defendant, and 



CRIMINAL CODE. 189 

before what court or authority the oath or affirmation suffieient to set 
was taken, averring such court or authority to have had gtance^f rt^" 
full power to administer the same, together with the pro- offence. 
per averment or averments to falsify the matter or mat- 
ters wherein the perjury is assigned, without setting forth 
any part of the record or proceedings, either in law or 
equity, other than as aforesaid, and without setting forth 
the commission or authority of the court or other authori- 
ty before whom the perjury was committed, or the form 
of the oath or affirmation, or the manner of administer- 
ing the same. 

Sec. 85. If any person or persons shall directly or indi- Bribery, 
rectly give any sum or sums of money, or any other bribe, 
present, or reward, or any promise, contract, obligation, 
or, security, for the payment or delivery of any money, 
present, reward, or any other thing, to obtain or procure 
the opinion, judgment, or decree of any judge or justice q« g. .^ 
of the peace, acting within this state, or to corrupt, in- 
duce, or influence such judge or justice of the peace to 
be more favorable to one side than to the other, in any 
suit, matter or cause depending or to be brought before 
him or them, or shall directly or indirectly give any sum 
or sums of money, present, or reward, or any promise, 
contract, obligation, or security for the payment or de- 
livery of any money, present, or reward, or other thing 
to obtain, procure, or influence the vote of any member 
of the general assembly, or to incline, induce, or influ- 
ence, any such member of the general assembly to be more 
favorable to one side than the other, on any question, 
election, matter or thing pending, or to be brought before 
the general assembly, or either house thereof, the person 
so giving any money, bribe, present, or reward, promise, 
contract, obligation, or security, with intent and for the 
purpose aforesaid, and the judge, justice of the peace, or 
member of the general assembly, who shall in any wise 
accept or receive the same, shall be deemed guilty of bri- 
bery, and on conviction shall be punished by confine- P^^ishmeiat. 
ment in the penitentiary not less than one year, nor more 
than five years. 

Sec. 86. If any person shall directly or indirectly give 
any sum or sums of money, or any other bribe, present, 
or reward, or any promise, contract, obligation, or securi- 
ty for the payment of any money, present, or reward, or 
any other thing, to any judge, justice of the peace, sher- When given 
iff, coroner, clerk, constable, jailer, attorney general, or to procure an 
state's attorney, member of the general assembly, or other ^(5^office°OT"» 
officer, ministerial or judicial, (but such fees as are allow- induce parti- 
ed by law,) with intent to induce or influence such officer aiJty or power. 



190 



t::RTMINAL CODE. 



Attempts to 
bribe. 



to appoint any persoti to office, or to execute any of the 
powers in him vested, or perform any duty of him requir- 
ed, with partiaHty or favor, or otherwise than is required 
by law, or in consideration that such officer hath appoint- 
ed any person to any office, or exercised any power in 
him vested, or performed any duty of him required, with 
■partiaHty or favor, or otherwise contrary to law, the per- 
son so giving, and the officer so receiving any money, 
bribe, present, reward, promise, contract, obligation, or 
security, with intent, or for the purpose or consideration 
aforesaid, shall be deemed guilty of bribery, and on con- 
Punishment, viction, shall be punished by confinement in the peniten- 
tiary for a term not less than one year, nor more than five 
years. 

Sec. 87. Every person who shall offer, or attempt to 
bribe any member of the general assembly, judge, jus- 
tice of the peace, sheriff, coroner, clerk, constable,jailer, 
attorney general, state's attorney, or other ministerial or 
judicial officer, in any of the cases mentioned in either of 
the two preceding sections, and every member of the gen- 
eral assembly, judge, justice of the peace, sheriff, coro- 
ner, clerk, constable, jailer, attorney general, state's at- 
torney, or other ministerial or judicial officer, who shall 
propose or agree to receive a bribe in any of the cases 
mentioned in either of the two preceeding sections, shall, 
on conviction, be fined in a sum not exceeding five hun- 
dred dollars. 

Sec 88. If any judge, justice of the peace, sheriff, 
coroner, clerk, recorder, or other public officer, or any 
person whatsoever, shall steal, embezzle, alter, corrupt, 
withdraw, falsify, or avoid any record process, charter, 
gift, grant, conveyance, bond, or contract, or shall know- 
ingly and wilfully take off, discharge, or conceal any is 
sue, forfeited recognizance, or other forfeiture, or shall 
forge, deface, or falsify any document or instrument re- 
corded, or any registry, acknowledgment, certificate, or 
shall alter, deface, or falsify any minute, document, book, 
or any proceeding whatever, of, or belonging to any pub- 
lic office within this state, the person so offending and 
being thereof duly convicted, shall be punished by con- 
finement in tlie penitentiary for a term not less than one 
year, nor more than seven years. 

Sec. 89. Every jailer who shall be guilty of wilful in- 
humanity or oppression, to any prisoner under his care or 
custody, shall be fined in any sum not exceeding five hun- 
dred dollars, and be removed from office. 
"^.^^J^rce S^^c. 90. If any officer, whose office shall be abolished 
has expired^ by law, or who after the expiration of the time for which 



Officers em- 
bezzling re* 
cords. 



Jailer v/hea 
guilty of op- 
pression. 



CRIMLNAL CODE. ' 191 

he mav be appointed, or elected, or after he shall have -sf^'smg to de- 
resigned, or been legally removed from his office, shall {jj^'s^^r/s^, 
wilfully and unlawfully withhold or detain from his sue- the records of 
cessor, or other person entitled thereto by law, the re- 'i-'s oiiice. 
cords, papers, documents, or other writing appertaining or 
belonging to' his office, or mutilate, destroy, or take ^^'^7 J^t.^el^'l''^'"" 
the same, the person so offending shall, on conviction, be 
punished by confinem'ent in the penitentiary for a term p„,^jj;hmein. 
not exceeding one year, nor more than five years. The 
provisions of this section shall apply to any person or 
persons who shall have such records, documents, papers, 
or other wriMngs, in his or her or their possession, and 
who shall vrilfully mutilate, destroy, withhold, cr detain 
the same as aforesaid. 

Sec. 91. If any person shall, without due authority so Acknowledg- 
to do, acknovvledge or confess, cr procure to be acknow}-"'S '^^ confes- 
edged or confessed, any fine, common recovery, deed, ^ ",J.g^"J^^'^\^' 
bond, power of attorney, mortgage, recognizance, bail, tomey, &:c. 
or judgment, in the name of any other person, hy per- withoi t lavi^fui 
sonating any such other person, the person so oifending, ^^--'~^-^'y" 
on conviction thereof, shall be punished by confinement "^■"~'"^"^"'* 
in the penitentiary for any term not less than one year, 
nor more than ten years. 

Sec. 93. If any person shall, knowingly and wilfully JiJc-r^^^he 
obstruct^ resist, or oppose, any sheriff, deputy sheriff, coro- arschar^e of 
ner, constable, or other officer of this state, or other per- his dv.ty. 
'Son duly authorized, in serving, or attempting to serve 
any lawful process or order of any court, judge, or justice 
of the peace, or any other legal process whatsoever, or 
shall assault or beat, any sheriff, deputy sheriif^ coroner, 
constable, or other officer, or person duly authorized in 
serving or executing, or attempting to serve or execute 
any process or order aforesaid, or for having served or ex- 
ecuted, or attempted to serve or execute the same, every -p • k 
person so onendmg shall be fined m any sum not exceeding 
^YQ hundred dollars, and imprisoned for a term not exceed- officer assault- 
ing one year: PrGvidecLAny officer or person whatever that ing any person 
mayor shall assault or beat any individual under color of^^ridercoioTof 
his commission or authority, without lawful necessity so ^''''°'''"''"''''''' 
to do, shall, on conviction, suffer the sam.e punishment. 

Sec. 93. If any person or persons shall set at liberty, Rescue after 
or rescue any person who shall have been found guilty conviction, 
or convicted of a crime, the punishment of which is 
death, such person on conviction thereof, shall be pun- 
ished by confinement in the penitentiary for a term not 
less than one year, nor more than fourteen years, and if 
any person or persons shall set at liberty or rescue any 
person who shall have been found guilty, or convicted of 

18 



192 



CRIMINAL CODE. 



13efore con- 
viction. 



Punishment, a Crime, the punishment of which is confinement in the 
penitentiary, whether such person be in custody of an of- 
ficer, or in the penitentiary, the person so offending- on 
conviction thereof, shall be sentenced to the same pun- 
ishment that would have been inflicted on the person so 
set at liberty or rescued. 

Sec. 94. If ciny person shall set at liberty or rescue 
any person who before conviction stands charged or com- .'- 
mitted for any capital offence, or any crime punishable 
by confinement in the penitentiary, such person so of- 
fending, shall be, on conviction, fined in a sum not ex- 
ceeding one thousand dollars, and imprisoned in the peni- 
tentiary for a term not exceeding three years; and if the 
person rescued or set at liberty stands charged, commit- 
ted, or convicted of any misdemeanor, or other offence 
punishable by fine or imprisonment, or both, the person 
Pimishment. convicted of such rescue or setting at liberty, shall suffer 
the same punishment that would have been inflicted on 
the person rescued or set at libert}-, if he or she had been " 
found guilty. 

Sec. 95. If the v/arden of the penitentiary, or any 
servant, ofiicer or agent, belonging to, or in employment 
at the same, or any sheriff, deputy sheritF, or jailer, or 
any person employed by them as a guard, shall fraudu- 
lently contrive, procure, aid, connive at, or otherwise 
voluntarily suffer the escape of any convict in custody, 
or in said penitentiary committed, every such persdn on 
conviction shall be punished by confinement in said peni- 
tentiary, to solitary confinement, in the penitentiary, for a 
term not (exceeding three months, and by confinement to 
hard labor, for a term not exceeding ten years. 

Sec. 96. If the warden of the penitentiary, or other 
person as aforesaid, shall negligently suffer any convict 
committed cr in custody as aforesaid, under sentence of 
solitary imprisonment, to be at large without the cell or 
apartment assigned to such convict, or to be there visit- 
ed, conversed with, comforted, or relieved, contrary to 
the rules and regulations of the penitentiary, or shall 
negligently suffer such con^dct, or any other convict com- 
mitted to the penitentiary, under sentence of confine- 
ment to hard labor, to be at large without the precincts 
of the penitentiary, or contrary to the rules and regula- 
tions thereof, to be out of close confinement, the war- 
den or other person neglecting his duty in the premises, 
being thereof duly convicted, shall be punished by fine 
not exceeding two hundred dollars. 

r> - , Sec. 97. If any person shall convey to any convict in 

Persons assist- ^ ^ ../ i ^ xi. -2. J • 1 ji. 

ing any convict custody, or Committed to the penitentiary, into the peni- 



Warden ov 
officers of the 
penitentiary 
sufifering the 
escape of any 
convict. 



Punishment. 



Suffering per- 
sons sentenced 
to solitaiy con- 
finement to be 
at large. 



Punishment. 



CRIMINAL CODE. # 193 

tentiary, or other place where such convict may be con-ii;i ihepeniten- 
fined, any tool, weapon, or other aid, with intent to ena- S'sc^pf^^^* 
ble such convict to escape such custody or confinement, punjshi^em 
whether such escape be effected or not, every person so 
offending, on conviction thereof, shall be punished by 
fine not exceedinor five hundred dollars, and imprisonment „ 

• xT_ 'J. ^- 1. T • i.\ Rescue from 

m the penitentiary not exceeding six months. civil process. 

Sec. 98. If any person or persons shall rescue another 
in legal custody, on civil process, such person or persons 
shall, on conviction, be fined in any sum not exceeding the Assisting a 
sum for which said civil process issued. prisoner con- 

Sec. 99. If any person shall aid or assist a prisoner ^^'^^^^ ^^ jail to 
lawfully committed or detained in any jail for any of-^^^^^^' 
fence against this state, or who shall be lawfully confined ^r.. u 

,.,=>„ . .1 ^-11. 1 Though no es- 

by virtue oi any civil process, to make his or ner escape cape be made. 
from jail, though no escape be actually made, or if any 
person shall convey, or cause to be dehvered to such pri- 
soner any disguise, instrument, or arms, proper to facili- 
tate the escape of such prisoner, any person so cfTending, 
(altho' no escape or attempt to escape be a,ctually made.) Punisim^^i^t 
shall, on conviction, be punished by fine, not exceeding 
five hundred dollars, and imprisonment in the county jail, 
for a term not exceeding one year. ^ ^ . 

Sec. 100. If any person shall aid or assist any priso- j^ttempt to 
ner to attempt to escape, or shall rescue or attempt to res- escape. 
cue any prisoner from the custody of any sheriff, deputy 
sheriff, coroner, constable, officer, or other person, vrho 
shall have the Lawful custody of such prisoner, every 
person so offending shall, upon conviction thereof, be 
fined not exceeding one thousand dollars, and imprison- 
ed in the county jail not exceeding one vear. 

Sec. 101. If any sheriff, coroner, jailer, keeper of a ^^f ^^^[^^f ^';; 
prison, constable, or other ofiicer, or person whatever escape before 
having any prisoner in his legal custody, before convic- <^"^^^'^ction. 
tion, shall voluntarily suffer or permit such prisoner to 
escape or go at large, every such officer or person so of- 
fending shall, on conviction, be fined in any sum not ex- Punishment, 
ceeding one thousand dollars, and imprisoned in the 
county jail for any term not exceeding six months: Pro- proviso. 
■cided^ That if such prisoner be in custody charged with 
murder or other capital offence, then such officer or per- 
son suffering or permitting such escape, shall be punish- 
ed by confinement in the penitentiary for any term not Negligent es- 
less than one year, nor more than ten years. A negli- cap'e before 
gent escape of a person, charged with a criminal offence, 
before conviction, from the custody of any of the afore- 
said officers, shall be deemed a misdemeanor, and punish- 
ed by fine, not exceeding five hundred dollars. 



conviction. 



194 



CRIMINAL CODE. 



Officer refusing 
to arrest a per- 
son charged 
with a criminal 
oftence. 



Comiounding 
cUiy criminal 
oftonce. 



Conspiracy. 



Puiiislimeiit. 



Persons intrud- 
inii into office. 



Embracer}', 
definition of. 



Punishment. 



Comm-on 
liHrratr^'. 



Punishment. 



Sec. 102. If any sheriff, coroner, keeper of a jail, 
constable, or other officer, shall wilfully refuse to receive 
or arrest any person charged with a criminal offence, 
then such sheriff, coroner, jailer, constable, or other of- 
ficer shall, on conviction, be fined not exceeding five hun- 
dred dollars, and imprisoned not exceeding six months 
in the common jail. 

Sec 103. If any person shall take money, goods, chat- 
tels, lands, or other reward, or promise thereof, to com- 
pound any criminal offence, such person or persons shall 
be fined in double the sum or value of the thing agreed 
for, or taken, but no person shall be debarred from tak- 
ing his goods or property from the thief or felon, or re- 
ceiving compensation for the private injury occasioned 
by the commission of any such criminal offence. 

Sec. 104. If any two or more persons shall conspire or 
agree, falsely and maliciously to charge, or indict, or 
cause or procure to be charged or indicted, any person 
for any criminal offence, each of the persons so offending 
shall, on conviction, be fined in any sum not exceeding 
one thousand dollars, and imprisoned not exceeding one 
year. 

Sec. 105. If any person shall take upon himself to ex- 
ercise or officiate in any office, or place of authority in 
this stale, without being lawfully authorized thereto, he 
shall, upon conviction, be fined in any sum not exceeding 
two hundred dollars. 

Sec. lOu. Embracery is an attempt to influence a 
juror or jurors corruptly to one side, by threats or men- 
aces, or by promises, persuasions, entreaties, money, en- 
tertainments, and the like. Every embracer who shall 
procure any juror to take money, gain, or profit, or shall 
corruptly influence any juror by persuasions, promises, 
entreaties, or by any other improper means, or shall 
threaten or menace any juror, shall be fined not exceed- 
ing five hundred dollars, and imprisoned in the peniten- 
tiary not exceeding one year. And any juror convicted 
of taking money, gain, or profit, or corruptly being in- 
fluenced as aforesaid, shall suffer the like punishment, 
and be forever disqualified to act as a juror. This sec- 
tion shall apply as well to the grand, as the petit jurors. 

Sec 107. If any person or persons shall wickedly and 
wilfully excite and stir up any suits or quarrels between 
the people of this state, either at law or otherwise, with 
a view to promote strife and contention, every such per- 
son so offending shall be deemed to have committed the 
crime of Common Barratry, and upon conviction thereof 
shall be fined in any sum not exceeding one hundred dol- 



CRIMINAL CODE. 195 

lars; and if he be an attorney or counselor at law. he 
shall be suspended from the practice for any time not 
exceeding six months. 

Sec. 108. If any person shall officiously intermeddle Officiously la- 
in any suit at common law or in chancery, that in notermeddiingiu 
wise belongs to, or concerns such person, by maintaining^"^ ^' 
or assisting either party with money, or otherwise to pro- 
secute or defend such suit, with a view to promote htiga- 
tion, every such person so offending shall be deemed to 
have committed the crime o{ maintenance, and, upon con- 
viction thereof, shall be fined and punished as in cases of 
Common Barratry: Proi'ided, That it shall not be consid- Proviso. 
ered maintenance for a man to maintain the suit of his 
kinsman or servant, or poor neighbor out of charity. 

Sec. 109. If any judge, justice of the peace, sheriff, Extortioiu 
coroner, constable, clerk, or other officer of this state, 
ministerial or judicial, shall wilfully or corruptly receive 
or take any fee or reward to execute or do his duty as 
such officer, except such as is, or shall be allowed by law, 
or if any such officer shall wilfully or corruptly ask or 
demand as a condition precedent to the performance of 
his duty as such officer, any fee or reward, except such 
as shall be allowed by law, every such officer so offend- 
ing shall be deemed guilty of extortion, and on convic- ^"^^^''"^°'"^^- 
tion thereof, shall be lined in any sum not exceeding two 
hundred dollars. 

Sec. 110. Every clerk, sheriff, coroner, constable, county 
commissioner, iustice of the peace, recorder, county sur- ^/*^'^^,\.§"'^^y 

,, ' '^ , r j_ 1 J. 1 1 n 1 of malfeasance, 

veyor, attorney general, or state s attorney, who shall be 

guilty of any palpaple omission of duty, or who shall wil- 
fully and corruptly be guilty of oppression, malfeasance, 
or partiality in the discharge of his official duties, shall, ^ 
upon conviction thereof, be fined in a sum not exceeding p^^^^.^,^.^^^^^ 
two hundred dollars, and the court shall have power, up- 
on the recommendation of the jury, to add to the. judg- 
ment of the court, that any officer so convicted shall be 
removed from office. The court shall have power when- r , ' 

I I /- . 1 • •, , ; , ^ 1 In the prosecTi- 

ever any clerk of the circuit court, attorney general, or tion of a clerk, 
state's attorney, shall be presented or indicted, to ap- attorney gene- 
point for that occasion, a prosecuting attorney, or clerk, J'^J^°Jf^J^^'^^^' 
as the case may require, who shall thereby be inve3ted,courtmay ap- 
in relation to such presentment or indictment, with all point for that 
the powers of clerk, or attorney general, or state's attor- ^^^^^^^'^^j^^^P^'" 
ney. It shall be the duty of the court, when the judg- office, 
ment shall extend to removal from office, to cause imme- 
diate notice of such removal to be given to the proper 
department, in order that the vacancy thus occasioned 
may be filled,, 

18 * 



19(5 



CRIAUNAL CODE. 



Pcrsoivs send- 
ing threatening 
ieite-rs with in- 
tent to extort 
money, &c. 



Punishment. 



S^EC. 111. If any person shall, knowingly, send or deli- 
ver any letter or writing, threatening to accuse another of 
a crime or misdemeanor, or to expose or publish any of 
his inlirmities or failings, with intent to extort money, 
goods, chattels, or other valuable things, or threatening 
to maim, wound, kill, or murder, or to burn or destroy his 
or her house or other property, or to accuse another of a 
crime or misdemeanor, or expose or publish any of his 
or her infirmities or failings, though no money, goods, 
chattels, or valuable thing be demanded, such persons 
so offending, shall, on conviction, be fined in a sum not 
exceeding five hundred dollars, and imprisoned not ex- 
ceeding six months. 



Tenth Division. 



Disturbmg of 
the peace. 



Punishment. 



Persons assem- 
bling to disturb 
the peace, and 
not dispersing 
on being com- 
manded. 



Punishment. 
Affray. 



L^nlawful as- 
semblage. 



Rout. 



Offences against the public Peace and Tranquility. 

Sec. 112. If any person, at late or unusual hours of the 
night time, maliciously or wilfully disturb the peace or 
quiet of any neighborhood or family, by loud or unusual 
noises, or by tumultuous and offensive carriage, threaten- 
ing, traducing, quarreling, challenging to fight, or fight- 
ing; every person convicted thereof shall be fined in a 
sum not exceeding fifty dollars, or imprisoned not exceed- 
ing two months. 

Sec. 113. If tvro or more persons assemble for the pur- 
pose of disturbing the public peace, or committing any 
unlawful act, and do not disperse on being desired or 
commanded so to do, by a judge, justice of the peace, 
sheriff, coroner, constable or other public ofiicer — persons 
so offending, shall, on conviction, be severally fined in 
any sum not exceeding fifty dollars, and imprisoned not 
exceeding one month. 

Sec 114. If two or more persons shall, by agreement, 
fight in a public place, to the terror of the citizens of 
this state, the person so offending shall be deemed guilty 
of an affray. 

Sec. 115*. If two or more persons shall assemble to- 
gether to do an unlawful act, and separate without doing 
or advancing towards it, such persons shall be deemed 
guilty of an unlawful assemblage, and upon conviction 
tiiereof, be severally fined in a sum not exceeding fifty 
dollars, or imprisoned not exceeding three months. 

Sec. 116. If two or more persons shall meet to do an 
unlawful act, upon a common cause of quarrel, and make 
advances towards it, they shall be deemed guilty of a 
rout, and on coviction, shall be severally fined in a sum 



CRIMINAL CODE. 197 

not exceeding^ seventy dollars, or imprisoned not exceed- 
ing four months. 

Sec. 117. If two or more persons actuall} do an un- 
lawful act with force or violence against the person or rjou 
property of another, with or without a common cause of 
quarrel, or even to do a lawful act, in a violent and tu- 
multuous manner, the persons so offending shall be deem- 
ed guilty of a riot, and on conviction shall severally be 
fined not exceeding two hundred dollars, or imprisoned 
not exceeding six months. 

Sec. 118. If any judge, justice of the peace, sheriff, Officers know- 
or other officer, bound to preserve the public peace, shall ingof the inten- 

, 1 11 r -t^v xi 1.^ r 1. tion on the part 

have knowledge oi an inteniion on tlie part oi any two of any two in- 
persons to fight with any deadly weapon or weapons, dividua is to 
and such officer shall not use and exert his official 3-^- u^-^^' l^elr'au- 
thority to arrest the parties and prevent the duel, every thority topre- 
such officer shall be fined not exceeding one hundred vent the same, 
■dollars. 

Sec. 119. If any person or persons shall, in any news-Lit^i. 
paper or hand bill, written or printed, publish or pro- 
claim any other person or persons as a coward or cow- 
ards, or use any other opprobrious or abusive language, 
for not accepting a challenge to fight a duel, or for not 
fighting a duel, such person or persons so offending, an 
conviction, shall be fined in a sum not exceeding five 
hundred dollars, or imprisoned for a term not exceeding 
three months. The publisher or printer of any such 
newspaper, hand bill, or other publication, may be sum- 
moned as a witness, and shall be required to testify 
against the writer or writers of such hand bill or publi- 
cation; and if any such printer or printers shall refuse to 
testify in relation to the premises, either before the grand 
or petit jury, he or they shall be deemed guilty of a fla- 
grant contempt of the court, and may be punished by 
fine and imprisonment, or either: Provided^ hozvever, That 
the testimony given by any such witness shall, in no case, 
be used in any prosecution against such witness. 

Sec. 120. A libel is a malicious defamation, expressed ^ ... 

.,, T ... , . . , J.1 Ti Definition of a 

either by printing or by signs or pictures, or the like, jibei, 

tending to blacken the memory of one who is dead, or to 
impeach the honesty, integrity, virtue, or reputation, or 
publish the natural defects of one who is alive, and thereby 
to expose him or her to public hatred, contempt, or ridi- 
cule: Every person, whether writer or publisher, con- 
victed of this offence, shall be fined in a sum not exceed- •^"°^^""^*' 
ing five hundred dollars, or imprisoned not exceeding one • 

year. In all prosecutions for a libel, the truth thereof ^^^^^"^^ 
may be given in justification, except libels tending to in evidence. 



198 



CRIMINAL CODE. 



blacken the memory of the dead, or expose the natural 
defects of the living. 

Eleventh DivisiaN. 



Bigamy, defi- 
nition of. 



Puuishraent. 



This section 
not to extend to 
persons whose 
husband or wife 
shall have been 
absent for the 
space of five 
years ; 

Nor to persons 
divorced from 
the first mar- 
riage. 



Single persons 
manying the 
husband or wife 
of another. 



Adultery and 
fornication. 



How proved. 



Offences against the public Morality^ Healthy and Police* 

Sec 121. Bigamy consists in the having of two wives 
or two husbands at one and the same time, knowing that 
the former husband or wife is still alive. If any person 
or persons within this state, being married, or who shall 
hereafter marry, do at any time marry any person or 
persons, the former husband or wife being alive; the per- 
son so offending shall, on conviction thereof, be punished 
by a fine not exceeding one thousand dollars, and im- 
prisoned in the penitentiary not exceeding two years. 
It shall not be necessary to prove either of the said mar- 
riages by the register or certificate thereof, or other re- 
cord evidence; but the same may be proved by such ev- 
idence as is admissible to prove a marriage in other 
cases, and when such second marriage shall have taken 
place without this state, cohabitation in this state after 
such second marriage shall be deemed the commission of 
the crime of bigamy, and the trial in such case may take 
place in the county where such cohabitation shall have 
occurred. Nothing herein contained shall extend to 
any person or persons whose husband or wife shall have 
been continually absent from such person or persons for 
the space of five years together, prior to the said second 
marriage, and he or she not knowing such husband or 
wife to be living within that time. Also nothing herein 
contained shall extend to any person that is or shall be 
at the time of such second marriage divorced by law- 
ful authority from the bands of such former marriage, or 
to any person where the former marriage hath been by 
lawful authority declared void. 

Sec. 122. If any man or woman being unmarried, 
shall knowingly marry the husband or wile of another, 
such man or woman shall, on conviction, be fined not 
more than five hundred dollars, or imprisoned not more 
than one year. 

Sec. 123. Any man and woman who shall live togeth- 
er in an open state of adultery or fornication, or adul- 
tery and fornication, every such man and woman shall 
be indicted, and on conviction, shall be fined in any sum 
not exceeding two hundred dollars each, or imprisoned 
not exceeding six months. This ofTence shall be suffi- 
ciently proved by circumstances which raise the pre- 



CRIMINAL CODE. ' 199 

•sumption of cohabitation and unlawful intimacy; and for 
a second offence, such man or woman shall be severally 
punished twice as much as the former punishment, and 
for the third offence, treble, and thus increasing the pun- 
ishment for each succeeding offence: Provided, Aozcerer, Proviso, 
That it shall be in the power of the party or parties 
offending, to prevent or suspend the prosecution by their 
intermarriage, if such marriage can be legally solemni- 
zed, and upon the payment of the costs of such prose- 
cution. 

Sec. 124. If any person shall hereafter bring or cause Persons selling 
to be brought or imported into this state for sale, o'c^^^^h^- ^^ 
shall sell, or offer to sell, any pack o^^, packs of playing g^i^g'^^^ ° 
cards, or any dice, billiard table, billiard balls, or any 
other device or thing invented or made for the purpose 
of being used at any' game, or any obscene book, pam- 
phlet, or print, every such person shall, on conviction, p^jj-gj^j^^^j^^ 
he fined in a sum not exceeding twenty-five dollars, nor 
-more than fifty dollars. 

Sec. 125. If any person shall be guilty of open lewd- p^^^^^ ^^j^^^ 
ness, or other notorious act of public indecency, tending of lewdness 
to debauch the public morals, or shall keep open any or public inde- 
tippling house on the Sabbath day or night,, or shall main- *^®'^^^* 
tain or keep a lewd house, or place for the practice of 
fornication, or shall keep a common ill-governed and dis- 
orderly house, to the encouragement of idleness, gaming, 
drinking, fornication, or other misbehavior, every such 
person shall, on conviction, be fined not exceeding one punishment, 
hundred dollars, or imprisoned not exceeding six months. 

Sec. 126. If any person shall, by himself, or herself, Persons keep- 
servant, or other agent, for his or her gain, or profit, JJJjS^^g™"^^ 
keep, have, exercise, or maintain a common gaming 
house, table, or room, or in any house or place occupied 
hy him or her, procure or permit any persons to frequent, 
or come together to play for money, or other valuable 
thing, at any game, every offender, on conviction, shall Punishment, 
be fined not exceeding one hundred dollars, or impris- 
oned not exceeding six months. 

Sec. 127. If any person or persons shall play for mon-piayingat 
ey, or other valuable thing, at any game with cards, dice, cards, &c. 
checks,^pr at bilhards, or with any other article or in- 
strument, thing or things whatsoever, which may be used 
for the purpose of playing or betting upon, or winning 
or losing money, or any other thing or things, article or 
articles of value, or shall bet on any game others may be 
playing, every person so offending shall be fined not puiyshinen^ 
exceeding one hundred dollars, and not less than ten 
dollars. 



200 CRIMINAL CODE. 

Tavern I oepers Sec. 128. Every tavem keeper who shall suffer or per- 
mhl^ln^heif ^' ^^^ ^"^ game OP games, prohibited or intended to be pro- 
taverns, hibited by this act, to be played in his tavern, or in any 
out house appendant thereto, shall, on conviction, be fined 
Punishment ^^^ exceeding one hundred dollars, and shall forfeit his 
license, and shall not be again licensed as a tavern keep- 
er for one year from such conviction. It shall be the 
Duty of offi- ^^^y. q£ ^]i justices of the peace, sheriffs, coroners, and 

cers to givo in- -^ , • '^ . «• i. r^. x i • . i 

formation of grand jurors, now m oince, or hereafter to be appointed, 
all offences to take uoticc, and give information to the proper au- 
a?t?"^* ^"^ thorities, of all such offences as may be committed in 
their respective counties, contrary to the provisions of 
this act, wheneve^the same may in any wise come under 
their immediate observation. And if any officer, whose 
If officer shall ^^^^ ^^ ^^ made to execute the provisions of this act, shall 
iTegiect or re- neglect to enforce its provisions upon view, or complaint, 
fuse so to do. such officer, upon conviction thereof, shall be fined in the 
sum of one hundred dollars, and shall moreover be sus- 
pended from office for one year. 
Persons not ha- ^EC. 1*29. Every person who shall not have a legal 
ving a legal license to keep a tavern, who shall barter, exchange, or 
ta\S. ^ ^^^^ ^^^^ ^^y ^i^^5 1'U"^? brandy, gin, whiskey, or other vinous, 
spiritous, or mixed liquors, to any person or persons, by 
a lesa quantity than one quart, shall, on conviction, be 
fined for every offence ten dollars. 
Tavern keepers ^^^* ^^^' Every tavem keeper, or other retailer of 
selling liquor to spiritous Uquors, who shall barter, sell, or exchange, 
slaves or ser- any winc, rum, gin, brandy, whiskey, or other spiritous 
vants. liquors, to any black or mulatto servant or slave, without 

the consent of the master or mistress of such servant or 
slave, and every person, whether a tavern keeper or not, 
who shall sell, barter, or exchange any wine, rum, gin, 
brandy, whiskey, or other spiritous or mixed Uquors, to 
Punishment. ^^J Indian or Indians in this state, shall, on conviction, 

be fined in the sum of ten dollars for each offence. 
p Sec. 131. If any person shall obstruct or injure, or 

structing public cause or procure to be obstructed or injured, any public 
roads. road or highway, or common street, or alley, of any town 

or village, or any public bridge or causeway, or public 
river or stream, declared navigable by law, or shall con- 
tinue such obstruction, so as to render the sanp incon- 
venient or dangerous to pass, or shall erect or establish 
any offensive trade, or manufacture, or business, or con- 
tinue the same after it has been erected or established, 
or shall in any wise polute or obstruct any water course, 
lake, pond, marsh, or common sewer, or continue such 
obstruction or pollution, so as to render the same offen- 
sive or unwholesome to the county, town, village, or 



CRIMIxNAL CODE. 201 

neighborhood thereabouts; every person so offending Puiiishment. 
shall, upon conviction thereof, be fined not exceeding one 
hundred dollars. And every such nuisance may, by -or- Nuisances to be 
der of the circuit court, before whom the conviction may abated. 
take place, be removed, and abated by the sheriff of the 
proper county; and any inquest and judgment thereon, 
had under the provisions of any law authorizing a writ 
of ad quod damnum^ shall be no bar to a prosecution un- 
der this act. 

Sec. 132. If any person or persons shall, knowingly, p 
sell any flesh of any diseased animal, or other unw^hole- unwholesome^^ 
some provisions, or any pernicious or adulterated drink, provisions, &c. 
or liquors, every person so offending, shall be fined not 
exceeding one hundred dollars, or imprisoned not ex- 
ceeding three months. 

Sec. 133. If any person, number of persons, or corpo-No person or 
ration in this state, without special leave from the gene- ^°^'''^*^.°'^ 
ral assembly, shall emit or u^ter any bill of credit, make, of credit with- 
sign, draw, or endorse, any bond, promissory note, or out special au- 
writing, bill of exchange, or order to be used as a gene- ^^^}^^ °^ ^^^ 
ral circulating medium, as, and in lieu of money, or ^^^ 
other currency, every such person or persons, or mem- 
bers of such corporation, assenting to such proceedings, 
being thereof duly convicted, shall pay a fine not ex- 
ceeding three hundred dollars, or be imprisoned not 
exceeding one year. 

Sec. 134. If any person shall intentionally deface, Defaaing no- 
obliterate, tear down, or destroy, in whole or in part, ^^^es. 
any copy or transcript, or extract from or of, any law 
of the United States, or of this state, or any proclama- 
tion, advertisement, or notification, set up at any place 
in this state, by authority of any law of the United 
States, or of this state, or by order of any court, such 
person, on conviction, shall be fined in a sum not ex- Punishment. 
ceeding fifty dollars, nor less than five dollars, or impris- 
oned for a term not exceeding one month: Pi'ovided^-p ^. 
That this section shall not extend to defacing, tearing 
down, obliterating, or destroying any law, proclama- 
tion, publication, advertisement, or notification, after the 
time for which the same was by law to remain set up 
shall have expired. 

Sec 135. Any person able to work and support him- Vagrants, 
self in some honest and respectable calling, not having 
wherewithal to maintain himself, who shall be found 
loitering, strolling about, frequenting of public places 
where liquor is sold, begging, or leading an idle, immor- 
al, or profligate course of life, shall be liable to be in- 
dicted or arrested, on the complaint, under oath of any 



202 CRIMINAL CODE. 

residehl citizen of the county, and carried before any 
two justices of the peace, who shall examine said accu- 
sed person, and hear the testimony in relation thereto j 
and if they shall be satisfied that he is a vagrant, as 
above set forth, the fact having been established by a 
jury, which shall in all such cases be summoned, and 
sworn to inquire the truth thereof, whether the person 
be a vagrant or not, shall make out a warrant, under 
their hands and seals, authorizing and requiring the offi- 
cer having him in charge or custody, to hire out such 
Shall be hired y^grant within twent}--four hours to the best bidder, by 
public outcry, or on a notice given, as they shall direct, 
for the highest price that can be had, for any term not 
exceeding four months: and such vagrant shall be sub- 
ject to, and governed by, all the provisions of the act 
regulating apprentices, during the time for which he has 
been so hired. The money received for his hire shall, 
after deducting the costs, b^, if he be without a family, 
paid into the county treasury; but if he have a family, 
the same shall be appropriated for their use and benefit: 
Provided^ That any such vagrant, when arrested, and 
before judgment, may release himself by giving to said 
justices a bond, with good security, conditioned that he 
will for the next tvrelve months be of good behavior, 
and betake himself to some honest employment for sup- 
port, and that he shall not, or his family, become a coun- 
ty charge, through, or by reason of his idleness, immor- 
ality, or profligacy. 
Persons having ^^^' ^^^' If any person shall be found, having upon 
in possession ° him or her, any pick-lock, crow, key, bit, or other instru- 
any instrument ment, or tool, with intent feloniously to break and enter 
intent'to break ^'^^^ ^^3" dwelling house,storc, ware-house, shop, or other 
into any dwei- building, containing valuable property, or shall be found 
ling house. jn any of the aforesaid buildings, with intent to steal any 
goods and chattels; every such person so oflfending shall, 
^all be deem- qjj con\iction, be deemed a vagrant, and punished by 
vagrants, confinement in the penitentiary, for any term not ex- 
Having weap- ceeding tw^o years. And if any person shall have upon 
ens with int» nt him any pistol, gun, knife, dirk, bludgeon, or other oflen- 
to assault. gj^g weapon, with intent to assault any person, everv 
such person, on con\dction, shall be fined in a sum not 
Punishment, exceeding one hundred dollars, or imprisoned not ex- 
ceeding three months. 
Persons refu- ^Bc. 137. Every male person above eighteen years of 
sing to join age wlio shall neglect or refuse to join the posse comita- 
posse comtta- i^^^ qj. power of the county, by neglecting or refusing to 
aid and assist in taking or arresting any person or per- 
sons against whom there may have issued any civil or 



CRBnNAL CODE. 203 

criminal process, or by neglecting or refusing to aid and 
assist in retaking any person or persons, who after hav- 
ing been arrested or confined, may have escaped from 
such arrest or imprisonment, or by neglecting or refusing 
to aid and assist in preventing any breach of the peace, 
or the commission of any criminal offence, being thereto 
lawfully required by any sheriff, deputy sheriff, coroner, 
constable, judge, or justice of the peace, or other officer 
concerned in the administration of justice shall, upon 
conviction, be fined in a sum not less than ten dollars. Punishment. 
nor more than fifty dollars. 

Sec. 138. If any person or persons shall open the 
grave or tomb where the body or bodies of any deceas- Disinterring the 
ed person or persons shall have been deposited, and shall '^®^^^- 
remove the body or bodies, or remains of any deceased 
person or persons from the grave or place of sepulture, 
for the purpose of dissection, or any surgical, or anato- 
mical experiment, or for any other purpose, without the 
knowledge and consent of the near relations of the de- 
ceased, or shall in any way aid, assist, counsel, or pro- 
cure the same to be done, every such person or persons 
so offending, shall, on coviction, be fined not less than p • 
one hundred dollars, nor more than five hundred dollars: "'^"*' 

Provided, That this section shall not extend to the dissec- This section 
tion of any criminal where the same shall be directed to not to extend to 
be delivered up for that purpose, by competent au^ho-^^^^^^^*^^ti°"°^ 
rity; zin^ Provided, also, That this section shall noV be ^""^ ''^"''''''^ • 
construed to prevent any person from removing the body 
or bodies of their deceased relations, or intimate friend^ 
, to any other place of sepulture that he or she may think 
proper. 

Sec. 139. If any person, being an elector, shall vote Vo.-n. more 
more than once at any election, which may be held by than o'nceft 
virtue of any law of this state, he shall, on conviction ^^^y^^^ction. 
thereof, be fined m any sum not exceeding one hundred 
dollars. 
I Sec. 140. If any person shall, by bribery, menace, 
treating, or other corrupt means or device whatsoever ^^^'^^^7 of per- 
either directly or indirectly, attempt to influence any '""' "°'^"-^- 
elecor of this state in giving his vote at any election, 
every person so offending, and being thereof convicted 
Bha be fined not exceeding five hundred dollars, and „ 
shall thereafter be disquahfied from voting at anv \^\ec P""^'^''^"^ent. 
tion in this state for five years. ^ 

I 19 ^ 



204 



CRIMLNAL CODE. 



Twelfth Division. 



Frau'lulent 

conveyances, 

&c. 



'wjnrilrrs. 



Punishment. 



Cheats. 



Punishment. 



Offences commitlcd hy Cheats, Swindlers, and other Fraudu- 
lent persons. 

Sec. 141. All, and every person who sliall be a party 
to any fraudulent conveyance of any lands, tenements, 
or hereditaments, goods, or chattels, or any right or inter- 
est issuing out of the same, or to any bond, suit, judg- 
ment, or execution, contract, or conveyance had, made, 
or contrived, with intent to deceive and defraud others, 
or to defeat, hinder, or delay creditors or others of their 
just debts, damages, or demands; or who, being parties as 
aforesaid, at any time shall wittingly and willingly put 
in, use, avow, maintain, justify, or defend the same, or 
any of them as true, and done, had, or made in good 
faith, or upon good consideration, or shall sell, ahen, or 
assign any of the lands, tenements, hereditaments, goods, 
chattels, or other things before mentioned, to him, her, 
or them, conveyed as aforesaid, or any part thereof, he, 
she, or they so oiTending, shall, on conviction, be lined 
not exceeding one thousand dollars. 

Sec. 1-12. If any person, by false representations of 
his own respectability, wealth, or mercantile correspon- 
dence and connexions, shall obtain a credit thereby, de- 
fraud any person or persons of money, goods, chattels, or 
any valuable thing, or if any person shall cause or pro- 
' cure others to report falsely of his honesty, wealth, or 
mercantile character, and by thus imposing upon any 
person or persons, obtain credit, and thereby fraudulent- 
ly get into possession of goods, wares, or merchandise, 
or any valuable thing, every such offender shall be deem- 
ed a swindler, and on conviction shall be sentenced to 
return the property so fraudulently obtained, if it can be 
done,' and shall be fmed not exceeding one thousand dol- 
lars, and imprisoned not exceeding six months. 

Sec. 143. If any person or persons shall, knowingly 
and designedly, by any false pretence or pretences, ob- 
tain from any other person or persons any chose in action, 
money, goods, wares, chattels, effects, or other valuable 
thing whatever, with intent to cheat or defraud any such 
person or persons of the same, every person so otfending 
shall be deemed a cheat, and upon conviction shall be 
fined in any sum not exceeding one thousand dollars, 
and imprisoned not exceeding one year, and shall be 
sentenced to restore the property so fraudulently obtaia- 
ed, if it can be done. 



CRIMINAL CODE. 205 

Sec. 144. Any person or persons after once selling, FrauduiCT>dy^ 
bartering, or disposing of any tract or tracts of land, '^^^1 |;;;^J ^ 
town lot or lots, or executing any bond or agreement for which have 
the sale of any lands, or town lot or lots, who shall again been once sold. 
knowingly and fraudulently sell, barter, or dispose of the 
same tract or tracts of land, or town lot or lots, or any 
parts thereof, or shall knowingly and fraudulently exe- 
cute any bond, or agreement to sell, or barter, or dispose 
of the same land, or lot or lots, or any part thereof, to 
any other person or persons, for a valuable considera- 
tion, every such oiTender, upon conviction thereof, shall Punishment. 
be punished by confinement in the penitentiary, for a 
term not less than one year, nor more than ten years. 

Sec. 14.5. If any person shall knowingly sell by false commoa 
weights or measures, or shall knowingly use false meas- cheats. 
ures, at any mill, in taking toll for grinding corn, wheat, 
rye, or other grain, he or she shall be deemed a common 
cheat, and on conviction, shall be fined not less than two Punishment. 
hundred dollars, and imprisoned not exceeding three 
months. 

Thirteenth Divisiox. 

Fraudulent and Malicious Mischief, 

Sec. 146. If any person shall wilfully or maliciously Destroying 
cut down, break down, level, demolish, or otherwise de-bndges,&c. 
stroy or damage any bridge, embankment, or mill-dam, 
or break or destroy the windows or doors of any dwel- 
ling-house or other house, or shall set fire to, or burn, or 
destroy, or procure or cause to be burnt or destroyed, 
any barrack, cock, crib, rick, or stack of hay, corn, wheat, 
oats, barley, or other grain of any kind, or shall cut 
down, girdle, or destroy any fruit tree or shade tree, or 
shall cut, pull down, or destroy any gate, post, railing, 
or fence, or shall pull down, burn, or destroy any pile 
or piles of wood, boards, or planks, or other lumber, or 
shall overturn any cart, wagon, or other carriage, or 
shall run them into sloughs, holes, or other places, or shall 
cut loose, or set adrift any canoe, ferry-fiat, skitF, boat, or 
other vessel, for mischief, or shall unlawfully, wantonly, 
wilfully, or maliciously kill, wound, disfigure, or destroy -^urin^J o"^de"^^" 
any horse, mare, filly, colt, or gelding, or any bull, ox, stroymg^cattie. 
steer, bullock, cow, heifer, or calf, or any sheep or lamb, 
or any hog, pig, or dog, or any other useful animal, be- 
ing the property of another, every person so offending, 
on conviction, shall be fined not exceeding one hundred Punishment. 



206 



CRIMINAL CODE. 



Destroying 
public jai). 



Punishment. 



Persons setting- 
on fire woods 
or prairies. 



Punishment. 



Provi 



dollars, or imprisoned not exceeding three months, or 
both. 

Sec. 147. If any person shall wilfull}' and intention- 
ally break down, pull down, or otherwise destroy, or in- 
jure, in whole or in part, any pubUc jail, or oihcr place 
of confinement, every person so offending, shall, upon 
conviction, be fined in any sum not exceeding five thou- 
sand dollars, nor less than the value of said jail or other "** 
place of confinement so destroyed, or of such injury as 
may have been done thereto by such unlawful act. 

8ec. 148. If any person or persons shall, at any time 
hereafter, wilfully and intentionally, or negligently and 
carelessly, set on fire, or cause to be set on fire, aijj^ 
woods, prairies, or other grounds whatsoever in the in- 
habited parts of this state, every person so otfending, 
shall, on conviction, be fined in any sum not less than five . 
dollars, nor more than one hundred doWa^ts: Provided, That.*< 
this section shall not extend to any person who shall set 
on fire or cause to be set on fire, any woods or prairies 
adjoining his or her own farm, plantation, or enclosure, 
for the necessary preservation thereof from accident by 
fire, between the first day of March, and the last day of 
November, by giving to his or her neighbors two days 
notice of such intention; Provided, also, That this section 
shall not be construed, to take away any civil remedy, 
which any person may be entitled to, for any injure 
which may be done or received in consequence of such 
firing. 



Fourteenth Division.. 



Offences relative to 



Slaves, Indentured Servants, and Aj> 
prentices. 



Harborin'^or ^^c. 149. If any person shall harbor or secrete an; 

secreting slaves, negro, mulatto, or person of color, the same being a slaA ( 
or servant, owing service or labor to any other persone^ 
whether they reside in tliis state, or any other state or 
terrritory, or district within the limits and under the ju- 
risdiction of the United States, or shall in any wise hin- 
der or prevent the lawful owner or owners of such slaves 
or servants from retaking them in a lawful manner, eve- 
ry such person so offending shall be deemed guilty of a 
misdemeanor, and fined not exceeding five hundred dol- 
lars, or imprisoned not exceeding six months. 

Sec. 150. If any person or persons, entitled to the ser- 

Takincr them ^^*^^ ^^ labor of any negro, mulatto, or colored person, by 

oul of the^state. indenture or other contract or registry made, or enter- 



Punislnnent. 



CRBUNAL CODE. 207 

ed into under the laws of the late territory of Indiana 
or of Illinois, having a right to hold such person of 
color in temporary servitude by virtue of those laws and 
the constitution of this state, shall hire out, or send any 
such negro, mulatto, or colored person, or any of his or 
her children, to live or reside in any other state, terri- 
tory, or country, or shall cause, procure, or suffer it to be 
done, or shall sell, or otherwise dispose of any such person 
of color, or the children of such, for the purposes aforesaid, 
to any citizen or resident of another state, territory, or 
country, before the expiration of his or her term of service, 
every person so offending, and all purchasers of such co- 
lored persons, so sold or removed, shall forfeit and lose 
all right and title, or claim to the service of such person 
of color, and shall, on conviction, for each offence, be 
fined, not exceeding five hundred dollars, one half Punishment. 
to be applied to the use of the person injured, and the 
other half to the use of the county. 

Sec. 151. If any keeper of a public house, or retailer 
of spiritous Hquors, shall receive, harbor, entertain, or j^^^P^g^^g^jJ^^"^' 
trust any minor or apprentice, within the age of twenty- boring or trust- 
one years, or any servant or slave, knowing them to be ing minors or 
such, after having been cautioned or warned to the con-^^^^^^' 
trary, by the parent, guardian, master, or mistress of such 
minor, apprentice, servant, or slave, in th# presence of 
one or more credible witnesses; every such keeper of a 
public house, or retailer of spiritous liquors, as afore- 
said, so offending, shall, upon conviction thereof, be fined Punishment. 
in the sum of twelve dollars, and shall, moreover, forfeit 
his or her license.. 

Fifteenth Divisiox^. 

Construction of this Act, and duty of Courts^ 

Sec. 152. Every indictm^ent or accusation of the grand , 
jury, shall be deemed sufficiently technical and correct, requisSons^of. 
which states the offence in the terms and language of 
this code, or so plainly that the nature of the offence 
may be easily understood by the jury. The commence- 
ment of the indictment shall be in substance as follows : 
of the term of the circuit court, in 

the year of our Lord, 183^ ^°^"^- 

State of IlHnois,) 

county,5 ''* 
The grand jurors chosen, selected, and sworn, in 
and for the county of in the name, and by the au- 

thority of the people of the state of Illinois, upon their 
19* 



20B CRIMINAL CODE. 

oaths present, (kc. (here insert the offence, and time 
and place of committing the same, with reasonable cer- 
tainty.) 
Exceptions Sec. 153. All exceptions which go merely to the form 

which go mere- of an indictment shall be made before trial, and no mo- 
be madebefore^^^ ^" arrest of judgment, or writ of error, shall be su3- 
triai. tained, for any matter not affecting the real merits of the 

offence charged in such indictment. No indictment 
shall be quashed for want of the words "with force and 
arms," or of the occupation or piace of residence of the 
accused, nor by reason of the disqualification of any 
grand juror or grand jurors. 
Parties injured ^EC, 154. Nothing in this act contained shall be so 
not barred from coustrucd as to prevent the party or parties injured from 
dvlil?^"^ having and maintaining a civil action for all damages, 
and losses that he, she, or they may have sustained in 
consequence of the commission of any criminal offence 
herein punished; and no court shall allow or entertain 
T> J r ^^^ pl^^ that the private injurv is merged in the crime. 

Record of con- ^ rr i. i xi " i ^-777 

victionnotto ^^ ^^ ^"J manner atiected thereby: Provided, however, 

be used as e\-i- The record of conviction shall not be used as evidence 

dence in any j^ ^ny civil action, brought on anv forged writing, or to 

civil action. 4^1, J ?! ^. • ^11 ^1 ^ 

recover the damages and losses sustained by the commis- 
sion of any such criminal offence. 

^d^l's'in^eia ^^' ^^^' ^^ ^^^^^ ^^' ^^^ ^^ hereby declared to be the 

ti!)n to thircode ^"^7 ^^ ^^^ j^^^g^s of the supreme and circuit courts to 

make a special report biennially to the legislature of all 

such defects, omissions, or imperfections in this code as 

experience may suggest.^ 

The punish- ^^^' ^^^' '^^^ manner of inflicting the punishment of 

ment of death death shall be by hanging the person convicted by tlie 

shall be inflict- neck until death, at such time as the court shall direct, 

e by hanging., j^^^ j^^^ ^y^^^ fifteen, nor more than twenly-five days from 

the time sentence is pronounced, unless for good cause 

the court or governor may prolong the time. 

Courtmayor- ^EC. 157. The court may order, on the application of 

der the body of any respectable suEgeon or surgeons, that the body of the 

jecnminaifor^Qjjyjg^ shall, arftcr death, be delivered to fuch surgeon 

This act to ex- OT surgeons for dissection. 

tend to females Sec. 158. This act shall extend to females committing 
Smenced to ^^^ of the offcnces made punishable by this act. although 
stand in the pir- they may not be expressly named; but no white female 
lory. shall be sentenced to stand in the pillory. In all cases 

^nfinememin ^^^^^^ the punishmont shall be by confinement in the 
the penitentia- penitentiary, the jury shall say in their verdict for what 
ry shall be de- term the offender shall be confined; and the court in 
^u^'^in^die^^^P''^^*^""^^'^? sentence, shall designate the portion of time 
ieSict. such offender shall be confined to sohtary imprisonment,, 



CRIMLNAL CODE. 209 

and what portion to hard labor. Persons under the age 
of eighteen years shall not be punished by confinement 
to the penitentiary for any offence except robbery, bur- 
glary, or arson; in all other cases where a penitentiary 
punishment is, or shall be provided, such person under 
the age of eighteen years, shall be punished by imprison- 
ment in the county jail, for any term not exceeding eigh- 
teen months, at the discretion of the court. 

Sec. 159. All offences herein defined shall be prose- Offences herein 
cuted and punished as by this act is prescribed, and not ^^^1? ^ ^® 
otherwise; and all other offences may be punished by cording to^the 
fine and imprisonment in the discretion of the court: prpvisions of 
Provided^ The fine shall in no case exceed one hundred *^*^ ^^^' 
dollars, and the imprisonment six months. Proviso. 

Sec. 160. Whenever the punishment for any crime -y^j^gj^ ^j^g ^^, 
or misdemeanor is discretionary as to the extent orishment is dis- 
amount thereof, the court shall determine and aflix the "etionary, the 
same, whether the punishment consist of corporeal pun- termin?i^ts ^^' 
ishment, imprisonment, or fine. extent. 

Sec. 161. All fines imposed by virtue of any of the 
laws of this state, for the punishment of crimes and mis-^*?\®.^° ^® 
demeanors, shall, when collected, be paid into the treas- J'reasury^of the 
ury of the county where the offence shall be tried, for county where 
tlie use of such county, unless otherwise expressly direct- *^®°^^"^! , 
ed: Provided, however^ That nothing in this section con- 
tained shall be so construed as to found or constitute a 
cause of challenge or objection to any grand or petit 
juror. 

Sec. 162. The benefit of clergy, appeals of felony. Benefit of cier- 
and trials by battle, shall be, and are hereby forever ^y^^c. abolish- 
abolished. 

Sec 163. The court shall have power in all cases of^j^g^^ ^^^ 
conviction under this act, when any fine is implicated, to is inflicted, the 
order, as part of the judgment of the court, that the court may or- 
offender shall be committed to jail, there to remain until ^^Yi^^^^P^[\y*^ 
the fine and costs are fully paid, or otherwise legally paid, 
discharged. 

Sec. 164. Each and every person who may hereafter Persons when 
be convicted of the crime of rape, kidnapping, wilful and"^^™®^ ^^^' 
corrupt perjury, or subornation of perjury, arson, bur- 
glary, robbery, sodomy, or the crime against nature, lar- 
ceny, forgery, counterfeiting, or bigamy, shall be deem- 
ed infamous, and shall forever thereailer be rendered in- 
capable of holding any office of honor, trust, or profit, of 
voting at any election, of serving as a juror, and of giv- 
ing testimony. 



tV& CRIMINAL CODE. 



SixTEEXTH Division. 

Of Process, Indictment, Arraignment, Trial, Judgment, JEo?- 
ecution, and Writ of Error, 

Duty of court ^^^* ^^^* ^^ ^^^W be the duty of the circuit court, 
to fix the when any indictment shall be found as a true bill, to 

amount of bail, make an order, fixing the amount of bail to each offence 
bailable by law, to be endorsed on the process by the 
clerk and the sheriff, coroner, or other officer, who shall 
arrest the indicted person or persons, shall let such in- 
dicted person or persons to bail upon his, her, or their 
Recognizance, entering into a recognizance, with one or more securities, 
in the sum or sums specified on said process: which re- 
cognizance shall be made to the people of the state, con- 
ditioned for the appearance of the indicted person or 
persons, on the first day of the next circuit court, to be 
holden in and for such county, to answer the said indict- 
ment, and not depart the said court without leave; which 
recognizance shall be signed by the persons entering into 
the same, and certified by the officer taking it. Every 
recognizance so taken, is hereby declared to be valid 
and binding, and ^hall not be set aside, or adjudged in- 
sufficient for want of form. 
Duty of clerks Sec. 165. It shall be the duty of the clerks of the cir- 
to issue capias, cuit courts of each county of this state, to issue a pro- 
cess of capias for the apprehension of all persons indicted 
in said courts respectively, to be directed to the sheriff, 
coroner, and constable, of the county where such indict- 
ed person or persons shall then be; and it shall be the 
duty of the sheriff, or in case of his absence or inability, 
of the coroner, or some one of the constables of the coun- 
ty, to which said capias is directed, to arrest the person 
or persons therein named, and to let him or them to bail, 
where the offence is bailable; or if the offence be not 
bailable, or not sufficient bail be offered, then the officer 
making the arrest shall bring his, her, or their bodies to 
the jail of the county where said capias is returnable, 
and deliver such accused person or persons, together with 
the capias, to the keeper of the jail, there to remain un- 
til discharged by due course of law. It shall also be the 
duty of any officer who shall take any recognizance in 
Officei- having Pursuance of this section, to return the same to the clerk 
prisoner in cus- by the first day of the court to which it may be returnar 
tody may pass ble. It shall be lawful for any officer who has the cus- 
TOuntfea^^his*^^^ of any prisoner or prisoners, by virtue of this section, 
route. to pass thiough any counties which lie in his route be- 



CRLMINAL CODE. ' 211 

viween the place of arrest and the county to which he is 
taking such prisoner or prisoners, and to lodge or deposit 
said prisoner or prisoners in any jail on his route, for 
safe custody, for one night or more, as occasion may re- 
quire; and it is hereby made the duty of the county Compensation 
commissioners' court of the county where such indict- °^^"^^??^^^^ 
.ment shall be found, to^pay to the officer who shall bring county com- 
any offender or offenders from another county, his rea- missioners' 
sonable charges for such service : ProvidecL That nothing *^°"^^' 
contained in this or the preceding section shall prevent 
a capias from being issued without such endorsement, re- 
turnable instanter; which capias shall authorize and re- 
quire the accused to be arrested, and immediately brought 
into court, when he or she shall be either committed, 
bailed, or tried at the term at which the indictment shall 
be found. 

Sec. 16T. It shall be the duty of the clerks of the Duty of clerks 
circuit, courts to issue subpenas, either on the part of 1^^^^'!^^^"^^ ^"^" 
the people, or of the accused, in any indictment directed 
as in the j^receding section, to any county in this state. 
And every witness who shall be duly subpenaed, and 
shall neglect or refuse to attend any circuit court, pursu- 
ant to the requisitions of such subpena, shall be pro- 
ceeded against and punished for contempt of the court. 
And attachments against witnesses who live in a differ- Attachments 
ent county from that where such &ubpena is returnable, n^sses. 
may be served in the same manner as capiases are direct- 
ed to be served out of the county from which they issue, 
in the preceding section. 

Sec. 168. . It shall not be necessary to issue a venire in ^q^ necessary 
any criminal case. And in all criminal cases where the to issue a ve- 
pannel of jurors shall be exhausted by challenges or other- "^!^ "^ ^^^^ 
wise, and whether any juror has been elected and sworn "^^'^^ 
or not, it shall be competent for the court to order on 
their minutes a tales for any number of jurors, not ex- 
ceeding twenty-four, returnable instanter, out of which 
persons so ordered to be summoned, it shall be lawful to 
empannel a jury for the trial of any criminal case ; but 
should the tales ordered bein sufficient, by reason of chal- 
lenge, or otherwise, to form an impartial jury, the court 
may, from time to time, make such further orders on 
their minutes for additional tales men, returnable instan- 
ter, until a full jury shall be obtained. 

Sec. 169. No bill of indictment for false imprison- ^ 
ment, or wilful and malicious mischief, shall be found *a shall be endor- 
true bill' by any grand jury, unless a prosecutor is en- sed on every 
dorsed thereon by the foreman of the grand jury, with ^^^^^^ ^^^^^^^' 
the consent of the prosecutor, except the samp shall be 



212 GRLMINAL CODE. 

found upon the information and knowledge of two or 
more of the grand jury, or upon the information of some 
public officer in the necessary discharge of his duty; in i 
which case it shall be stated at the end of the indict- 
ment how the same is found, and then no prosecutor 
shall be required; but in case where a prosecutor is en- 
dorsed on the indictment, and the defendant shall be 
acquitted on trial, the petit jury acquitting such defend- 
ant shall find, in addition to the verdict of 'not guilty,' 
whether the prosecutor had acted maliciously by institu- 
Jury shall find ting the prosecution or not; and whenev*er the petit 
cutofhasS'J^^^^ ^^^^^ ^'^turn with a verdict of 'not guilty,' that the 
maliciously, prosecutor had acted maliciously in the premises, the 
couri shall enter judgment for the costs against the pros- 
ecutor, including a fee of three dollars to the attorney 
general, or state's attorney, and award execution for tl>e " 
same, as is done in civil cases: Provided^ That nothing 
herein contained shall render the prosecutor incompe- 
tent to be a witness, either before a grand or petit juiy. 
A d hall ^^^* •'•^^* Every person charged with treason, murder, 
be furnished OT Other felonious Crime, shall be furnished, previous to 
with a copy of his arraignment, with a copy of the indictment, and a 
the uidictment. jjg^ ^f ^Y\c jurors and witnesses. In all other cases he or 
she shall, at his or her request, or the request of his or 
her counsel, be furnished with a copy of the indictment, 
and a list of the jurors and witnesses. 

Sec. 171. Upon the arraignment of any prisoner, it 
Plea of not g^^^ll be sufficient, without complying with any other 
toadYoTaily^^ form, to declare, orally, by himself or his counsel, or his 
or her counsel, that he or she is not guilty: which decla- 
ration or plea shall be immediately entered upon the 
minutes of the court, by the clerk, and the mention of the 
arraignment and such plea shall constitute the issue be- 
tween the people of the state. and the prisoner; and if 
the clerk should neglect to insert in the minutes the said 
arraignment and plea, it may and shall be done at any 
time by order of the court, and then the error or defect 
shall be cured. 

Sec. 172. In all cases where the party indicted shall, 
When party' on being arraigned, obstinately stand mute, or refuse to 
stands mute, pj^ad, standing mute or refusing to plead, shall be ad- 
judged and taken to be a denial of the facts charged in 
the indictment, and the court shall order the plea of 'not 
guilty' to be entered on the minutes, and the trial, judg- 
ment, and execution, shall proceed in the same manner 
as it would have done if the party had pleaded 'not 
guilty.' 

Sec. 173. In all cases where the party indicted shc^ll 



CRIMINAL CODE. ^ 213 

i ptead 'guilty,' such plea shall liot be entered until the When pleads 
i court shall have fullj explained to the accused the con-^"^^^^* 
I sequences of entering such plea; after which, if the par- 
ty indicted persist in pleading 'guilty,' such plea shall be 
received and recorded, and the court shall proceed to 
render judgment and execution thereon, as if he or she 
had been found guilty by a jury. In all case? where the 
court possess any discretion as to the extent of the pun- 
ishment, it shall be the duty of the court to examine 
witnesses as to the aggravation and mitigation of the 
offence. 

Sec. 174. Every person arraigned for any crime pun- Challenge of 
ishable with death, shall be admitted on his trial, to ajiuors. 
peremptory challenge of twenty jurors, and no more, and 
every person arraigned for any offence, that may be pun- 
ished by imprisonment for a term exceeding eighteen . 
months, sha,ll be admitted to a peremptory challenge of 
ten jurors; and in all other criminal trials, the defendant 
shall be allowed a peremptory challenge of six jurors. 
The attorney prosecuting on behalf of the people shall 
be admitted to a peremptory challenge of one half of the 
number of jurors that the accused is entitled to. 

Sec. 175. In no case shall the right to a trial by jury J^^^ry f\e medi- 
de mediatate linguae, be allowed in criminal prosecu- ^^^^^ ^^"^uae. 
tions. 

Sec. 176. Where an offence shall be committed on a When an of- 
county line, the trial may be in either county divided by ^^^^led onTe 
such line; and where any otfence shall be committed county line, 
against the person of another, and the person commit- 
ting the offence shall be in one county, and the person 
receiving the injury shall be in another county, the trial 
may be had in either of said counties. 

Sec. 177. In all complaints exhibited before the grand Grand jury 
jury of any county, they shall hear the witnesses on be- ^J^^^i ^^ar tes- 
half of the people only ; and may find an indictment on JJ™" "f the*^^ 
the oath of one witness only, or upon the information of people only* 
two of their own body, except in cases of treason or per- 
jury, where, at least two witnesses to the same fact shall 
be necessary; and in finding a bill on indictment, at least 
sixteen of the grand jury shall be present, and at least 
twelve of them shall agree to the finding. The foreman 
of the grand jury may swear or afiirm all witnesses that ^ 

may come before the jury. 

Sec. 178. All trials for criminal offences shall be con- Trials how to 
ducted according to the course of the common law, ex- be conducted, 
cept when this act points out a different mode, and the 
rules of evidence of the common law, shall also, unless 
changed by this act, be binding .upon ajl courts and ju* 



214 CRimxNAL CODE. 

ries in criminal cases. Juries in all cases shall be judges 
of the law and the fact. 

Sec. 179. When the jury shall retire to consider of 
When the jury their vcrdict in any criminal case, a constable, or other 
shall retire to Qfjjcer shall be sworn or affirmed to attend the jury to 
their verdict somc private and convenient place, and to the best of his 
duty of officer ability, keep them together without meat or drink, water 
attending on excepted, unless by leave of the court, until they shall 
'^' have agreed upon their vcrdict, nor suffer others to speak 

to them, and that when they shall have agreed on their 
verdict, he will return them into court: Provided, however, 
That in any cases of misdemeanor only, if the prosecu- 
tor for the people, and the person on trial, by himself or 
counsel, shall agree which agreement shall be entered 
upon the minutes of the court to dispense with the at- 
tendance of an officer upon the jury, or that the jury, 
May seal their when they have agreed upon their verdict, may write and 
verdict and scal the samc, and after delivering the same io the clerk, 
deliver it to the j^ay separate, it shall be lawful for the court to carry into 
effect any such agreement, and receive any such verdict, 
so delivered to the clerk, as the lawful verdict of any 
such jury. 

8ec. 180. If any officer sworn to attend upon a jury, 
attendin<^ on ^^^^^^ knowingly violate his oath or affirmation, or shall so 
the jury, %haii negligently perform his duties, that the jury shall sepa- 
negiect his j-ate without leave of the court, or obtain food or drink, 
"^^* (except water,) or if any person not belonging to the ju- 

ry, shall hold conversation with any of the jury, every 
Punishment, person and officer so offending, shall be punished for a 
contempt of the court by fine and imprisonment, or both, 
in the discretion of the court. 

Sec. 181. In all cases where any person or persons 
Costs of prose- shall be convicted of any crimes or misdemeanors speci- 

\vhom'paid. ^^^ ^^ ^^^^^ ^^^' ^^ ^^ ^^7 offences at common law, the 

court shall give judgment that the offender or offenders 

so convicted shall pay the costs of the prosecution. 

Property of the ^^^' ^^^' '^^^^ property ,real and personal, of every 

person convict- person who shall be convicted of any of the offences 

ed bound punislicd by this act, shall be bound; and a lien is here- 

thereby. y^y created on the property, both real and personal, of 

every such offender, from the time of his or her arrest, if 

V he or she be arrested before indictment, if not, then from 

the time of finding the indictment, at least so far as will 

be sufficient to pay the fine and costs of prosecution. — 

Clerk shall is- And it shall be the duty of the clerk of the circuit court, 

sue executions at the end of each term, to issue an execution for every 

or nee. g^^^ which shall have been imposed during the term, and 

which remains unpaid, and for all costs of conviction in 



CRLMINAL CODE, 215 

criminal cases, in which execution shall be stated, the 
day on which the arrest was made, or indictment found, 
as the case may be, which execution shall be delivered 
to the sheriff or coroner, and shall be by him .levied on 
all tlie estate, real and personal, which the defendant or 
defendants possessed, as his or her own real or personal 
estate, on the day mentioned in such execution, and any 
property, real and personal, subsequently acquired by him 
or her; which property, so to be levied upon, shall be ad- 
vertised as in civil cases, and sold for what it will bring. 
It shall be no objection to the selling of any property un- 
der such execution, that the body is in custody for said 
fine and costs. 

Sec. 183. It shall and maybe lawful for any person Party convKt- 
or persons, convicted of any criminal offence, to replevy pje^^^^^g judg- 
the judgment for the fine and costs, or the costs only, ment for fine 
when no fine shall be imposed, by such convicted person and costs by 
or persons, with one or more good and sufficient freehold- ^ "^!,jg|J^fa'^^^ 
ers entering into a recognizance before the circuit court, 
to the people of this state, for the payment of such fine 
and costs, or costs only, within five months from the date 
of the acknowledgment; which recognizance, so taken, is 
hereby declared valid in law, and to create a lien on the ^ 

real estate of all such persons as shall acknowledge the 
same, and upon the breach thereof, the clerk is hereby 
authorized to issue an execution against the goods and 
chattels, lands and tenements of the persons who enter- 
ed into recognizance, in the same manner as if it had 
been a judgment of the court, which execution shall be 
collected in the same manner as is prescribed in the pre- ^ . 
ceding section. No scire facias shall be necessary pre- nSt^neceUiry 
vious to issuing such execution. In all cases where the before issuing 
person or persons, convicted 'as aforesaid, shall replevy execution on 
the fine and costs, as is provided in this section, then ^o"^^^^^^ '° ' . 
execution shall issue for said fine and costs, as is prescrib- 
ed in the next preceding section; and further, such per- 
son or persons, after replevying the fine and costs, as afore- 
said, shall not be imprisoned for such fine and costs, but 
sucli person or persons shall be wholly discharged from 
any imprisonment in consequence of any conviction, un- 
less where imprisonment is by this act made a part of the 
punishment; in that case, such <:onvicted person or pei^ 
sons, shall be discharged from his, her, or their impri- 
sonment, at the expiration thereof, if he, she, or they 
have replevied the fine and costs as aforesaid. Executions 

Sec. 184. Executions for fines and costs of prosecution, ™^y ''^ '''"^'' 

J . , 1 . h -, into any coun 

and on recognizances taken m pursuance of the prece- ty of this 
ding section, may be issued into any county in this state, state. 

20 



216 CRIMINAL CODE. 

Sec. 185. Whenever it shall be made satisfactorily to 
Fer^onsmaybe jippgar to the circuit court, after all legal means have 
ImprisSmeiit"^ been exhausted, that any person who is confined in jail 
for fines & costs for any fine or costs of prosecution, for any criminal of- 
when unable to fgj^ce, hath no estate wherewith to pay such fine and 
pay tne same. ^^^^^^ ^j, ^^g^g Only, it shall be the duty of the said court 
to discharge such person from further imprisonment for 
such fine and costs, which discharge shall operate as a 
Proviso. complete release of such fine and costs: Provided, That 

nothing herein shall authorize any person to be dischar- 
ged from imprisonment before the expiration of the time 
for which he or she may be sentenced to be imprisoned, 
as part of his or her punishment. 
In cases of bail. 8ec. 186. In all cases of bail, for the appearance of any 
person or persons charged with a.ny criminal offence, the 
seciTrity or securities of such person or persons may, at 
any time before judgment is rendered upon sciri facias^ 
to shew cause why execution should not issue against 
such security or securities, seize and surrender such per- 
son or persons, charged as aforesaid, to the sheriff of the 
county wherein the recognizance shall be taken; and it 
shall be the duty of such sheriff, on such surrender and 
the delivery to him of a certified copy of the recogni- 
zance by which such security or securities are bound to 
take such person or persons, so charged as aforesaid, into 
custody, and by writing acknowledge such surrender, 
and thereupon the security or securities shall be dischar- 
ged from any such recognizance, upon payment of all 
costs occasioned thereby. 
Butyofjudgeto Sec. 187. In the trial of any person or persons, for any 
c?"tioni °^ ^^' crime or misdemeanor, it shall be the duty of the judge 
*°" ' before whom such trial is pending, to sign and seal any 

bill of exception tendered to the court during the pro- 
gress thereof: Provided, The truth of the case be fairly 
stated in such bill of exceptions; and thereupon the said 
exceptions shall, by the clerk of the said court, be enter- 
ed in the record of such trial, and become, to all intents 
and purposes, a part thereof. 

Sec. 188. The party aggrieved by manifest and mate- 
Writ of error rial crror, appearing of record, in any capital prosecu- 
how to be ob-tion by indictment, may be relieved by writ of error, up- 
tained. ^^ complying with the following terms, to wit: The par- 

ty complaining that error has been committed, shall ob- 
tain a certified copy of the record from the clerk, and 
from the judge of the circuit court, or from the person 
who acted as prosecuting attorney on the trial, a certifi- 
cate expressive of an opinion that said record contains 
a full and true history of the proceedings on said trial; 



CRIMINAL CODE. 217 

which record, together with an assignment of the errors 
r.ehed on for the reversal of the judgment, shall be pre- 
sented to the supreme court, or to one of the justices 
thereof, in vacation ; and if, after inspecting such trans- 
cript, the court or justice aforesaid, shall be of opinion 
that there is reasonable cause for allowing a writ of error, 
the same shall be granted by order endorsed on the back 
of said transcript. The allowance of such writ of error 
shall be sufficient authority to the clerk of the supreme 
court, to issue a supersedeas to stay the execution of the 
sentence of death, but not the discharge of the prisoner 
from jail. Where any judgment, the execution whereof 
has been stayed by writ of error, as aforesaid, shall be 
affirmed, the supreme court shall, by order, fix the time 
when the original sentence of death shall be executed, a 
copy of which order shall be sufficient authority to the 
sheriff for the execution of any prisoner therein mention- 
ed, at the time specified. 

Sec. 189. Writs of error, in all criminal cases not capi- Shaiibeconsid- 
tal, shall be considered as writs of right, and issue of ^[^^^ -^^ ^^J ^^^^ 
course ; but no writ of error shall operate as a super-se- ses not capital 
de'as unless the supreme court, or one of the justices there- '^^'^^" ^^^^ ^ 

n ' J- /Y • J' r^iL 1 supersedeas. 

of, m vacation, alter inspectmg a copy ol the record cer- '■ 

tified as in the preceding sectioa, together with an as- 
signment of the errors relied on for a reversal of the 
judgment, shall be of opinion that there is reasonable 
cause for allowing a writ of error, then the writ shall be 
granted by order endorsed on the back of such record, 
in which case the clerk of the supreme court shall issue 
a supersedeas, which shall have the effect to stay execu- 
tion of the sentence, but not to discharge the prisoner 
from custody. If the party applying for such writ of er- ^ 

ror shall, at the' time, be in custody under the authority 
of the judgment prayed to' be superseded, and the said 
court or justice shall be of opinion that the party obtain- 
ing such writ of error ought to be bailed until the deter- Prisoner may 
mination of such writ of error, the said supreme court or ^^^ ^determina- 
justice may make an ojrder to discharge such prisoner tion of the writ 
from custody, upon the prisoner's entering into a recog- of «rror, 
nizance to the people of the state, before the sheriff of the 
county, where he or she shall be imprisoned, in such sum 
and with such security as said court or justice shall pre- 
scribe; which recognizance shall be conditioned, that 
the prisoner will appear at the next circuit court, to be 
holden in the county where the trial of such prisoner 
took place, and at each subsequent term of the circuit 
court on the first days, until the determination of such 
writ of error, and that he will be present and submit to 



218 CRIMINAL CODE. 

such order as the supreme court shall make in the pre- 
mises, and will not, at any of the terms of said court, in 
which he shall be bound to appear by said recognizance, 
depart the court without leave. The recognizance so 
taken, shall be returnable to the next circuit court, and 
there entered of record, and such proceedings may be 
thereon had, in case of a breach of the condition of such 
recognizance, as shall be according to the course of the 
VioviSQ. common law: Provided, however, That in cases where cor- 

poreal punishment is inflicted, the prisoner shall in no 
case be bailed upon the affirmance of any judgment 
brought into the supreme court by virtue of this section ; 
the said court shall order and direct the circuit court to 
carry into effect the judgment of the court below. In 
case of affirmance, judgment shall be given for costs 
against the party prosecuting such writ of error, and exe- 
ciUion shall issue thereupon from the supreme court. 

Seventeenth Division. * 

Limitations of Indictments and Penal Actions, 

'^^'^rfmimc*^^ ^^^' ^^^' ■^^^- P^^'^ou Or pcrsons shall be prosecuted, 
tried, or punished, for any offence denominated by the 
common law felony, (treason, murder, arson, and forgery 
excepted,) unless the indictment for the same shall be 
found by a grand jury, vdthin three years next after the 
offence shall have deen done or committed. Nor shall 
any person be prosecuted, tried, or punished, for any 
misdemeanor, or other indictable offence below the grade 
of felony, or for any fine or forfeiture under any penal 
statute, unless the indictment, information, or action for 
the same shall be found or instituted within one year and 
six months from the time of committing the offence, or 
incurring the fine or forfeiture: Provided, That nothing 
herein contained shall extend to any person fleeing from 
justice: and Provided, also, That where any suit, informa- 
tion, or indictment, for any crime or misdemeanor, is Hm- 
ited by any statute, to be brought or exhibited within 
any other time than is hereby limited, then the same shall 
be brought or exhibited within the time limited by suph 
statute. Provided, also. That where any indictment, in- 
formation, or suit, shall be quashed, or the proceedings on 
the same set aside, or reversed, on writ of error, the time 
during the pendency of such indictment, information, or 
suit, so quashed, set aside, or reversed, shall not be reck- 
oned within this statute, so as to bar any new indictment, 
information, or suit, for the same offence. 



ludictnieiits. 



CRIMINAL CODE. 210 

Sec. 191. The act entitled "An act relative to criminal Acts repealed. 
jurisprudence," approved January 30, 1827, and all acts 
and parts of acts in addition, or amendatory there^to, shall 
he, and are hereby repealed. Provided^ however^ That aH 
indictments, recognizances, process, and proceedings, 
which shall be pending when this act takes effect, under, 
or by virtue of any law hereby repealed, shall be pro- 
ceeded on to judgment and execution, in the same man- 
ner, and with the Hke effect, as if this act had not been 
passed. And all crimes, misdemeanors, and offences, 
which shall have been committed, or may be committed, 
before this act takes effect, and which are made punisha- 
ble by any of the laws hereby repealed, shall be prosecu- 
ted and punished in the same manner as if this act had 
not been passed. 

Appkoved, Feb. 26, 1833* 



In torcc alter 

AK ACT to regulate the apprehension of offenders^ and for ^^^^'^^^^^^p ^^ 
other pwrposes, '' 



In force after 

ra of offenders^ and for 
other pwrposes. 

Sec. 1. Be it enacted hy the people of the state of Illinois.^ V/ho are con- 
repj'esented in the General Assembly^ That the judges ofservaiorsof the 
the supreme court throughout the state, the judges of the P^^^^- 
circuit courts in their respective circuits, and justices of ^ 
the peace in their respective counties, shall jointly and 
severally be conservators of the peace, within their re- 
spective jurisdictions, as herein designated, and shall 
have full power to enforce, or cause to be enforced, all Their power . 
laws that now exist, or that shall hereafter be made, for 
the prevention and punishment of offences, or ^kiv the 
preservation and observance of the peace. They shall 
have power to cause to be brought before them, or any 
of them, all persons who shall break the peace, and com- May cause of- 
mit them to jail, or admit them to bail, as the case may fenders to be 
require, and to cause to come before them, or any of ^^^^^'^^ ^"^^ 
them, all persons who shall threaten to break the peace, ^^^ 
or shall use threats against any person within this state, 
concerning his or her body, or threaten to injure his or 
her property, or the property of any person whatever; 
and also all such persons as are not of good fame, and 
the said judge or justice of the peace, being satisfied, 
by the oath of one or more witnesses, of his or her bad 
character, or that he or she had used threats, as afore- ^^^ Z^LT''^ 
said, shall cause such person or persons to give good se- Ihe'^.eace!^^^ 
curity for the peace, or for their good behavior towards 

20^ 



220 CKIMLNAL CODE. 

all the people of this state, and particularly towards the 
individual threatened. If any person against whom such 
proceedings are had, shall fail to give a recognizance 
with sufficient security, it shall be the duty of the judge 
or justice of the peace before whom he or she shall be 
brought, to commit such person or persons to the jail of 
Or commit to ^^^ proper county, until such security be given, or until 
jail until court, the next term of the circuit court. 8uch judge or jus- 
tice of the peace, shall also take recognizances for the 
appearance of all witnesses at such courts. All recogni- 
zances to be taken in pursuance of this section, shall be 
returnable at the next circuit court, to be holden in the 
proper county, where all such recognizances shall be re- 
newed or dismissed, as the said circuit court shall, upon 
examination of the witnesses, deem to be just and right. 
And where the person or persons committed are in jail 
Whicii may at the sitting of such circuit court, the court shall ex- 
'idmirtrbail ^^^iiie the witnesses, and either continue the imprison- 
as the case ment, bail the prisoner, or discharge him ©r her, as to 
may require, the said court shall appear to be right, having due re- 
gard to the safety of the citizens of this state. 
Hue and crj' ^BC, 2. When any felonious offence shall be commit- 
maybe raised ted, public notice thereof shall be immediately given, in 
fortheappre- ^jj public places near where the same was committed, 
leions. ^^^^^ fresh pursuit shall be forthwith made after every per- 

son guilty thereof, by sheriffs, coronei^s, constables, and 
^ all other persons, who shall be by any of them command- 

ed or summoned for that purpose: every such officer who 
shall not do his duty in the premises shall be punished 
by fine, in a sum not exceeding one hundred dollars, or 
imprisonment; not exceeding three months. 

Sec. 3. It shall be lawful for any of the aforenamed 
so^r'Sv'^ap^.^' judges, or justices of the peace, upon oath or atlirmation 
prehended. being made before him, that any person or persons have 
committed any criminal offence in this state, or that a 
criminal offence has been committed, and that the wit- 
ness or witnesses have just and reasonable^ gi-ounds to 
suspect that such person or persons' have committed the 
same, to issue his warrant under his hand, commanding 
the officer, or person charged with the execution thereof, 
to arrest the person or persons so charged, and bring 
him, her or them before the officer issuing said warrant, 
or in case of his absence, before any other judge or jus- 
tice of the peace, the said judge or justice of the peace, 
before whom any person shall be brought in pursuance 
of such warrant^ or shall be brought without warrant, 
and charged with any criminal offence, before he shall 
commit such prisoner to jail, admit to bail, or discharge 



CRIMINAL CODE. S21 

him or her from custody, shall inquire into the truth or And to inquire 
probability of the charge exhibited against such prisoner JJJ-^^^jJ^"^^ 
or prisoners, by the oath of all witnesses attending; and 
shall, upon consideration of the facts and circumstances 
then proved, either commit such person or persons, so 
charged, to jail, admit him, her, or them, to bail, or dis- 
charge him, her, or them from custody. No justice of the 
peace shall admit to bail any person or persons charged 
with treason, murder, or any offence punishable with 
death: and, provided, that in all cases where the charge 
is for sodomy, rape, arson, burglary, robbery, forgery, or 
counterfeiting, it shall be the duty of any justice of the 
peace, whenever any person or persons shall be brought 
before him, for the same or either of them, to associate 
with himself some neighboring justice of the peace pre- 
vious to the examination of the witnesses, and they two 
shall have power to bail such prisoner or prisoners, or 
commit him, her, or them to jail, in case no good and suf- 
ficient bail is offered, or discharge the prisoner or prison- 
ers, according to the proof that is adduced, and the law 
arising thereon. All recognizances taken in pursuance 
of this section shall require the accused to appear at, and 
on the first day of the next circuit court, or if the court 
be then sitting, on some day of the term, to be therein 
designated. 

Sec. 4. It shall be the duty of the judge or justice of The prosecutor 
the peace who shall commit any offender to jail as ^fore-JJJ^^^^^^°^"^^^^ 
said, or admit him to bail, to bind by recognizance the at court. ' 
prosecutor, and all such as do declare any thing material, 
to prove the oftence charged, to appear before the next 
circuit court, on the first day thereof, or if the said court 
shall be then sitting, on some day to be therein designat- 
ed, (and in all cases at the same time and place as the 
person or persons accused by said witnesses shall be bound 
to appear,) to give evidence touching the offence so 
charged, and not depart the court without leave. If any 
person, upon being required to enter into recognizance 
as aforesaid, shall refuse, it shall be lawful lor such 
judge or justice of the peace to commit him or her to 
jail, there to remain until he or she shall enter into such 
recognizance, or be otherwise discharged by due course 
of law. 

Sec. 5. All recognizances that have any relation to i^gc^jg^^i^auce, 
criminal matters, shall be taken to the people of this how taken, &c, 
state, shall be signed by the person or persons entering 
into the same, be certified by the judge, justice of the 
peace, or other ofiicer taking the same, and delivered to 
the clerk of the circuit court, on or before the day men- 



222 CRIMINAL CODE. 

tioned therein for the appearance of the witness or ac- 
cused therein bound. Recognizances taken in courts of 
record need not be signed or certified as aforesaid. Re- 
cognizances for assaults, batteries, and affrays, shall be 
for the appearance of the accused before the justice of 
the peace taking the same, or before some other justice 
of the county, on the day appointed by the justice for the 
trial of the offender. 

Sec. 6. Where any person shall be committed to jail 
Persons com- q^^ ^ criminal charo-e, for want of sjood and sufficient bail. 

mjtted for want , r ± j fi re • \. ^^^ 

of bail. except lor treason, murder, or other orience punishable 

with death, or for not entering into a recognizance to ap- 
pear and testify, any judge, or any two justices of the 
peace, may take such bail or recognizance in vacation, 
Mittimus en- ^^^ ^^J discharge such prisoner from his or her impris- 
dorsment on, onment. It shall be the duty of the judge or justice com- 
mitting such person to jail, to endorse on the warrant of 
commitment, in bailable cases, in w^hat sum bail ought to 
be taken. 
Warrant, to Sec. 7. When a charge shall be exhibited upon oath 
whom directed, jjefore any judge, or justice of the peace, against any per- 
son for a criminal offence, it shall be the duty of the judge 
or justice of the peace before whom the charge shall be 
made, to issue his warrant for the apprehension of the 
offender, directed to all sheriffs, coroners, and constables, 
within the state; and it shall be the duty of any sheriff, 
coroner, or constable, into whose hands any such warrant 
shall come, to execute the same within their respective 
counties, and if the offender shall be found therein, to ar- 
rest and convey such offender before the judge or justice 
of the peace who issued the warrant, or before some 
other justice of the peace of the same county. When 
any such sheriff, coroner, or constable, or other person 
called to the assistance of such sheriff, coroner, or con- 
stable, shall be in pursuit of any offender, having a war- 
rant for the apprehension of such offender, and the of- 
fender shall cross the line into the adjoining county, such 
sheriff, coroner, constable, or other person may pursue 
such offender into such adjoining county and make the 
arrest, as if such offender had been found in the county 
of the officer in pursuit. 

Sec. 8. Any judge or justice of the peace,issuing any 
Warrants may g^(,|^ warrant, may make an order thereon, authorizins: a 
any person person to be named iti such warrant to execute the same, 
named tlxerein.^ and the person named in such order may execute such 
warrant any where in the state, by apprehending and 
conveying such offender before the judge or justice issu- 
ing such warrant, or before some other justice of the 



CRIMINAL CODE. 223 

same county, and all sheriffs, coroners, and constables, 
and others, when required in their respective counties, to 
be aiding and assisting in the excution of such warrant. 

Sec. 9. Any person or persons, officer or officers, who Officers having 
may have the custody of any offender or offenders, by custody of:.of- 
virtue of either of the two preceding sections, may take ^^^'^' 
or carry such prisoner or prisoners into any other county 
which may be situated on his or their way back to the 
county from which the said prisoner or prisoners fled, 
and may deposit such prisoner or prisoners in any jail 
on his or their route, for safe custody, for one night or 
more, as occasion may require. Upon their arriving in 
the county to which the prisoner or prisoners is or are How to pro- 
sent, under the last preceding section, such officer or offi-^®^' 
cers, person or persons, shall deliver such prisoner or 
prisoners into the custody of the sheriff or jailer, togeth- 
er with the w^arrant of the said judge or justice, which 
shall be a sufficient justification to the said sheriff or 
jailer to receive and detain such prisoner or prisoners, 
until he, she, or they obtain bail, if the offence be bail- 
able, or be otherwise discharged by due course of law. 

Sec. 10. It shall not be necessary to the validity of ^^'^^^.^^^^5 ^^^ 
any warrant for the apprehension of any person charged not be under 
with an offence, or warrant of commitment, or search seal. 
'Warrant, that it be under the seal of the judge or justice 
of the peace granting or issuing the same; but every 
such warrant under the hand of the judge or justice of 
the peace, shall be as valid in law as if a seal were aiBx* 
ed. And no person shall be discharged on habeas corpus 
from his imprisonment merely by reason of any defect of 
legal precision, or want of technical form in the warrant 
of commitment, but the court or judge awarding such 
habeas corpus shall, in all such cases, proceed and deter- 
mine as if the mittimus had all legal and technical form: 
Provided^ Sufficient appear on the face of the mittimus to 
ascertain for what crime or offence such prisoner or pris- 
oners shall have been committed. 

Sec II. It shall be lawful for any judge or justice o^ search wa- 
the peace, upon complaint made before him upon oath or rants and pro- 
affirmation, that a larceny has been committed, and ceedings there- 
that the person affirming or swearing does verily be-°"* 
lieve that the stolen goods or other property, are or is 
concealed in any dwelling-house, out-house, garden, yard 
or other place or places, to issue a warrant under his 
hand, commanding every such dwelling-house or place to 
be searched in the day time; and if any of the goods de- 
scribed in any such warrant, be found therein, then that 
the said goods be seized and brought before the judge ox 



224 DELIVERY BONDS. 

justice issuing said warrant. If, upon examination of wit- 
nesses before the judge or justice of the peace who issued 
said warrant, it shall be determined by such judge or jus- 
tice that the goods so brought before him have been sto- 
len, it shall be the duty of such judge or justice either 
to keep possession of, or to deliver, or cause to be deliver- 
ed, such goods to the sheriff of the proper county, there 
to remain until the conviction of the thief, or the claim- 
ant's right be otherwise legally ascertained. If the thief 
shall not be indicted at the next circuit court after the 
goods shall be seized, and an action shall not be commen- 
ced against the person or persons in whose possession such 
goods shall have been found for the recovery thereoi 
within orte month after a. circuit court shall have been 
held after such seizure, the said circuit court shall, at their 
next session, order such goods to be re-delivered to the 
person in whose possession they were found, which order 
shall be obeyed by the person in whose possession such 
goods, may at the time, be. In case the judge or justice of 
the peace shall, upon such examination as aforesaid, deter- 
mine that such goods so seized had not been stolen, then 
the goods shall be immediately restored to the person from 
whose possession they were so taken. 
Acts repealed. Sec. 12. All acts and parts of acts coming within the 
purview of this act, are hereby repealed. This act to 
take effect from atid after the first day of July next. 

Approved, January 6, 1827. 



DELIVERY BONDS. 

AJVACT to regulate the taking of Delivery Bonds, 

In force July 2, S^c. I. Beit enacted by the people of the state of Illi- 
^^^' nois, represented in the General Assembly, That whenever a 

Sheriff shall sheriff shall have levied an execution, issued from the 
take a delivery courts of record, upon the personal property of any de- 
bond, fendant, or shall be about to make such levy, and the de- 
fendant be desirous of retaining the same in his possession, 
such sheriff shall take a bond from such defendant with 
security that the property shall be forthcoming, or deliver- 
ed, at such time and place, as shall be named in the con- 
dition, and that the same shall not be disposed of nor inju- 
red, and a bond so taken shall not be considered void, as 
taken by color of office. 
Bond when not Sec. 2. Where bonds have been and shall be taken by a 
complied with, sheriff, for the forthcoming and dehvery of property, and 



DEPOSITIONS. 225 

the defendant or his security shall not return the property ^^^cution ^^y 
named in the said bond conformably to the condition there- j^^y 'hfcTbeen 
of, the officer' having such execution, may proceed to exe-made. 
cute the same in the same manner as if no levy had been 
made; and in case the defendant's property, or a sufficien- 
cy thereof, cannot be found, the officer may proceed to le- 
vy on so much of the property of the security in the deliv- 
ery bond as will make the amount called for in such 
bond, and the property vrhich may be so taken, may be 
sold by giving ten days notice thereof, and no further de- 
livery bond shall be allowed. 

Sec. 3. The 17th section of an act concerning judg- Acts repealed, 
ments and executions, approved, January 17, 1825, and 
all of the act "to regulate the taking of delivery bonds 
and for other purposes," approved, January 26, 1826, be, 
and tlie same are hereby repealed. This act to be in force 
from and after the first of July next. 

Approved, March 1, 1833. 



DEPOSITIONS. 

AN A CT regulaiing the mode of taking Depositions^ and to I" ^o^f e June 
provide for the perpetuating of testimony, ' " '* 

Sec. 1. Be it enacted hy the people of the state of Illinois^ 
represented in the General Assembly^ That when the testimo- 
ny of any non-resident witness or witnesses shall be ne- ^P^\^o"s oi 

-^ .*' ... n ,.. . n -, non resident wit 

cessary m any civil cause depending in any court oi law nesses. 
or equity in this state, it shall be lawful for the party 
wishing to use the same, on giving to the adverse party or 
his attorney ten days previous notice, together with a copy 
of the interrogatories intended to be put to such witness or 
vritnesses, to sue out from the proper clerk's office a dedimus 
potestatem^ or commission under the seal of the court, direct- 
ed to any number of persons, not exceeding three, as com- 
missioners, or to any judge or justice of the peace of the 
county or city in which such witness or witnesses may reside, 
authorizing and requiring him or them to cause such wit- 
ness or witnesses to come before him or them at such time 
and place as he or they may designate and appoint, and 
faithfully to take his, her, or their deposition or depositions 
upon all such interrogatories as may be enclosed with, or at- 
tached to said commission, both on the part of the plaintiff 
and defendant, and none others; and to certify the same 
when thus taken, together with the said commission and 



^26 



DEPOSITiONSv 



Of resident 
witnesses. 



interrogatories into the court in which such cause shall be 
depending, with the least possible delay. 

Sec. 2. When the testimony of any resident witness or 
"witnesses shall be necessary in any suit in chancery in this 
state, it shall be lawful for the party wishing to use the 
same to cause the deposition or depositions of such witness 
or witnesses, to be taken before any justice of the peace^ 
or clerk of the circuit or county commissioners' court of 
the county wherein such witness or witnesses shall reside 
without being required to sue out a commission or to fill in- 
terrogatories for such purpose, on giving to the adverse 
party or his attorney reasonable notice of the time and 
place of taking the same. And it shall also be lawful, 
\ipon satisfactory affidavit being filed, to take the deposi- 
tions of witnesses residing in this state, to be read in suits 
at law in like manner as is above provided in all cases where 
such witness or witnesses shall reside in a different county 
from that in which the court shall be held, is or are about 
to depart from the state, is or are confined in jail on legal 
process; or is or are unable to attend such court on account 
of advanced age, sickness, or other bodily infirmity: Provi- 
ded^ that such reasonable notice shall be intended to mean 
at least ten days, in all cases, and one day in addition there- 
to, (Sundays inclusive,) for every thirty miles travel from the 
place of holding the court, to the place where such deposi- 
tion or depositions shall be taken. 

Sec. 3. Previous to the examination of any witness 
whose deposition is about to be taken as aforesaid, he -or 
she shall be sworn (or affirmed) by the person or persons 
authorized to take the same, to testify the truth in relation 
to the matter in controversy, so far as he or she may be in- 
terrogated; whereupon, the said commissioner or commis- 
sioners, judge, justice of the peace or clerk, (as the case may 
be,) shall proceed to examine such witness upon all such 
interrogatories as may be enclosed with, or attached to 
any such commission as aforesaid, and which are directed 
to be put to such witness, or where no commission shall be 
necessary, upon all such interrogatories as may be directed 
to be put by either party litigant, and shall cause such inter- 
rogatories, together with the answers of the witness thereto, 
to be reduced to writing in the order in which they shall 
be proposed and answered, and signed by such witness. — 
How returned, After which it shall be the duty of the person or persons 
&C' taking such deposition, to annex at the foot thereof, a cer- 

tificate subscribed by himself, or themselves, stating that it 
was sworn to and signed by the deponent; and the time and 
place, when and where the same was taken. And every 
such deposition, when thus taken and subscribed, and all 



Oatli of wit- 
nesses. 



DEPOSITIONS. '-227 

exhibits produced to the said commissioner or commissioners, 
judge, justice of the peace, or clerk as aforesaid, or which 
shall be proved or referred to by any witness, together with 
the commission and interrogatories, if any, shall be enclos- 
ed, sealed up, and directed to the clerk of the court in which 
the action shall be pending, with the names of the parties 
litigant endorsed thereon : Provided^ that when any deposi- 
tion shall be taken as aforesaid, by any judge or justice of 
the peace out of this state, such return shall be accompanied 
by a certificate of his official character under the great seal 
of the state, or under the seal of the proper court of 
record of the county or city wherein such deposition shall 
be taken. 

Sec. 4. Every examination and deposition which shall 
be taken and returned, according to the provisions of this 
act, may be read as good and competent evidence in the 
cause in which it shall be taken, as if such witness had been May be read in 
present and examined by parol in open court on the hear- evidence, 
ing or trial thereof. 

Sec. 5. Eacii and every commissioner or commission- 
ers, judge, justice of the peace, or clerk of the circuit ^r ^^'^^^*^^'^^_ 
county commissioners' court, who may at any time be re- tion. 
quired to take depositions in any cause pending in any 
of the courts of law or equity in this state, or by virtue 
of any commission issued out of any court of record in 
any other state or territory, shall have power and authority 
to issue subpenas, if necessary, to compel the attendance 
of all such vvdtnesses as shall be named in the commission, 
or by the parties litigant, where no commission is necessary 
in tfie same manner and under the same penalties as is 
prescribed in other cases, where witnesses are directed to 
be subpenaed. 

Sec. 6. Every witness attending before any commission- 
er, judge, justice of the peace, or clerk as aforesaid, to be <^o»»pensarion 
examined as aforesaid, shall be entitled to a compensation 
for his time and attendance and travelling expenses at the 
same rate for the time being, as is, or shall be allowed by 
law to witnesses attending courts of record in this state; 
and the party requiring such examination shall pay the ex- 
penses thereof, but may, if successful in the suit, be allowed 
for the same in the taxation of costs. 

Sec. 7. The party, his attorney, or any person who shail 
in any wise be interested in the event of the suit, shall not informattty 
be permitted to dictate, write, or' draw up any deposition what win be. 
or depositions which may, at anytime, be;taken under this 
act; and every deposition so dictated, written, or drawn up, 
or that shall be returned to the court unsealed, or the seal 
of which shall be broken, shall be rejected by the court as 
21 



228 DEPOSITIONS. 

informal and insufficient: Provided^ such seal shall have 
been broken preriious to its reception b j the clerk, to whom 
it shall be directed. 
Seals net to be Sec. 8. It shall not be lawful for any party litigant or the 
broken. clerk of the court into which any deposition may be re- 

turned as aforesaid, to break the seal of the same, either 
in term time, or in vacation, unless by permission of the 
court. And if any such person or clerk shall presume to 
open any such deposition when taken and returned as 
aforesaid, \Ndthout such permission as aforesaid, he shall be 
considered guilty of a contempt of court, and may be pun- 
ished accordingly: Provided^ that it shall not be consider- 
ed an offence for the clerk to break open any such deposi- 
tion as aforesaid, where it is doubtful from the endorse- 
ments made thereon, whether the same be a deposition or 
not; but in such case, it shall not be proper for such clerk 
to permit any person to examine any deposition, which may 
be thus opened by mistake, until permission shall have been 
first given by the court as aforesaid. 
Depositions Sec. 9. All depositions taken in pursuance of this act, 
when read in when returned into court, may be read by either party, on 
evidence. ^j^^ ^^.j^j ^^ ^^ causes to which they relate. 

Sec. 10. In all cases hereafter, where any person or per- 
p . ^sons shall desire to perpetuate the remembrance of any 

testimony!"^ ° fact, matter, or thing, which may relate to the boundaries 
or improvements of land, name, or former name of water 
courses, the name or former name of any portion or district 
of country, regarding the ancient customs, laws, or usages 
of the inhabitants of this country, as far as the same may 
relate to the future settlement of the land claims, or touch- 
ing the marriage or pedigree of any person or persons, or 
in relation to the title to slaves or servants, or any other 
matter or thing, necessary to the security of any estate, re- 
al or personal, or mixed, or any private right whatever, it 
shall be lawful for such person or persons, upon fihng a pe- 
tition supported by affidavit, in the circuit court of the 
proper county, setting forth particularly the fact or facts, 
intended to be established, to sue out from such court a 
dedimus potestatcm^ or commission, directed to any two 
justices of the peace, or to any clerk of the circuit or coun- 
ty commissioners' court of the county wherein such testi- 
mony is to be taken, and may, thereupon, proceed to take 
such deposition or depositions as shall be prayed for in said 
petition. 
. Sec. 11. It shall be the duty of the person or persons 

^°en'^Tadf suing out such dcdimus as aforesaid, before proceeding to 
cases. take such deposition as aforesaid, to give at least four weeks 

previous notice of the time and place when and where the 



DEPOSITIONS. ' 229 

same is to be taken, together with a copy of the petition 
annexed thereto, to each and every person who may be 
known to be interested in the subject matter of such depo- 
sition, or to his, her, or their attorney, or in case the person 
be difeme covert^ to her husband; or if a minor or minors to 
his, her, or their guardian or guardians ; or if such guardian 
or guardians should be interested, to such guardian or guar- 
dians as shall be appointed by the court, to defend the in- ^ 
terestsof such infant or infants; or in heu of such written 
notice as aforesaid, such petitioner or petitioners shall cause 
a notice in form as aforesaid, with a copy of the petition 
thereto annexed as aforesaid, addressed to such persons as 
may be known to be interested as aforesaid, as well as to 
all others whom it may concern, to be published for four 
weeks successively in some public newspaper printed in this 
state, at least eight weeks previous to the day of taking such 
deposition or depositions. 

Sec. 12. The said justices of the peace or clerk as Opposite party 
aforesaid, shall attend at the time and place appointed, "'^y^"end^"^ 
where each and every person who may think himself or 
herself interested in the deposition about to be taken, may 
attend by themselves or attorneys, and may examine and 
cross examine such deponent or deponents; and all such 
questions as may be proposed, together with the answers 
thereto by the witness, shall be reduced to writing in the 
English language, or in the language of the witness: (Pro- 
mded, he or she shall not understand English,) as near as 
possible, in the exact words of such deponent, which said 
questions and answers, when reduced to writing as afore- 
said, shall be distinctly read over to the witness; and if 
found to be correct, shall be signed -by him or her, in the 
presence of the said justice, (or clerk as the case may be,) 
who shall thereupon administer an oath or affirmation to 
such witness, as to the truth of the deposition so taken as 
aforesaid, and shall annex at the foot thereof a certificate 
subscribed by himself or themselves, stating that it was 
sworn to and signed by the deponent, and the time and 
place, when and where the same was taken ; and all such 
depositions when thus taken, shall be carefully sealed up, 
and transmitted to the clerk of the circuit court of the 
county from which such dedimus shall have been issued, 
within thirty days from the time of taking the same ; who 
shall thereupon enter the same at large upon the records 
in his office, and shall certify on the back of such deposi- 
tion that the same has been duly recorded, and return it to 
the person or persons for whose benefit it shall have been 
taken. 

Sec, 13, All depositions taken in manner and form a« 



230 DEPOSITIONS. 

S4.ich testimony jg provided ill the hv'o foregoing sections, or a duly certi- 

insiy be r£3.ci in /» j n , -i i /• i i • . • . 

case of the death ^^^ ^^pj ot the record of any such deposition, ma7,in case 
or legal disabii- of the death of any such deponent, or in case of inabihty 
ity of deponent, ^Q give testimony, in consequence of his, her, or their in- 
sanity or imbecihty of mind or body, or where such v^dtness 
shall be rendered incompetent by judgment of law, or in 
the event of his, her, or their removal, so that their testi- 
mony cannot be obtained in the ordinary way on trial, 
may be used as evidence in any case to which the same 
may relate: Provided^ that nothing herein contained, shall 
be so construed as to prevent any legal exception being 
made and allowed to the reading of any such deposition 
in any trial at law or in equity, in which the same may be 
introduced as evidence. 
Acts repealed. ^^^* 1^' The act entitled "an act regulating the man- 
ner of taking depositions," approved February 19th, 1819, 
the act entitled "an act regulating the mode of taking de- 
positions," approved January 31st, 1821, the act entitled 
"an act to amend an act regulating the mode of taking 
depositions, apj^roved January 31st, 1821," approved Feb- 
ruary 10th, 1823, and also the act entitled- "an act direct- 
ng the mode of perpetuating testimony," approved Febru- 
ary 25th, 1819, and particularly sections 17, 18, 19, 20, 21, 
S2, 23, 24 and 25, of the act entitled "an act to prescribe 
he mode of proceeding in chancery," approved January 
26th, 1827, as well as all other acts and parts of acts 
which shall come within the perview of, or be repugnant 
to, this act, be, and the same are hereby repealed: Provid- 
ed, that nothing in this act contained, shall be so construed 
as to effect any deposition heretofore taken in conformity 
with the existing laws;, or to effect any deposition which 
may be hereafter taken, upon interrogatories now filed, or 
which may be filed before this act takes effect, or where 
notices have been, or may hereafter be given for such pur- 
pose so long as the existing la^N'^ upon that subject shall 
remain in force. 

This act to take effect from and afler the iSrst day of 
June next. 

Approved, Feb. 9, 1827. 



DETINUE. 231 

DETINUE. 

.^jV ACT concerning the action of Detinue. 6^"] 827* *^^"' 

Sec. 1. Be it enacted hy the people of the state of Illinois, j^^^^^-^^ ^^ j^, 
represented in the General Assembly, That in all actions of made before a 
detinue, where the plaintifF shall file in the office of the capias in deii. 
clerk of the court in which such action is to be commenc- 
ed, an affidavit on the oath or affirmation of the plaintiff 
or some other credible person, stating that the property, 
to recover which such action is about to be commenced, 
is the property of the plaintiff, stating the value thereof, 
and that the defendant unlawfully detains the same, the 
clerk shall issue a ^Tit of capias in detinue, and endorse the 
amount so sworn to, and direct the sheriff to take bail in 
double that sum. 

Sec. 2. It shall be the duty of any sheriff to whom aSheriflf to tak« 
writ of capias in detinue shall be directed, to take the body fJnda°n7 unle^ 
of the defendant and commit him to the common jail of he give bond. 
the county, unless he shall enter into a bond to the plain- 
tiff, conditioned that if judgment shall be rendered in such 
action against him, he \^dll deliver to the plaintiff the pro- 
perty which shall be thereby recovered, and pay all dama- 
ges which shall be assessed for the detention thereof, and 
costs of suit; the sheriff shall return such bond with the 
writ, as in other cases. 

Sec 3. If any sheriff shall return any such writ execut- sheriff 's liabiii- 
ed, and shall not have the body of the defendant according ly for improper 
to the command of the writ, or return a bond, as is pro- '^^^"'^• 
\'ided in the preceding section, or the bond returned shall 
be adjudged insufficient by the court, &the defendant shall 
fail to perfect his bail if ruled thereto, the sheriff shall 
be made a co-defendant and may defend the suit upon the 
pleas of the defendant, and shall be subject to the same 
judgment and recovery as the defendant, and be joined 
therein. All questions concerning the sufficiency of such ^^^^ ^^^^ ^^^_ 
bond shall be determined during the return term. felted, remedy 

Sec. 4. When any bond as aforesaid shall be forfeited, thereon, 
the piantiff shall have the same remedy against the bail, 
and the bail shall have the same remedy against the prin- 
cipal, and the sheriff, when made a co-defendant, shall 
have the same remedy against the principal and bail as is 
or may be provided by law in cases of bail in other 
civil causes, and the same proceedings shall be had thereon. Bail, court may 

Sec. 5 Any court out of which any writ as aforesaid '^^^"'^^ ^^ ^ 
shall issue, or any judge thereof in vacation may reduce "^°"^ 



232 DIVORCES. 

the sum for which bail is demanded, and the court 
may except the surrender of the defendant and cancel 
such bond in the same manner, for the hke causes, and 

Proceedings in with the Hke eflfect as in other cases of bail in civil ac- 

detinue. -^ions. 

Sec. 6. All actions commenced in manner aforesaid, 
shall be conducted and proceeded on in all things accord- 
ing to the principles and usages of law in actions of deti- 
nue. If any verdict for the plaintiff shall omit the price, 
or value or damages for detention, the court may, at any 
time, award an enquiry to ascertain the same. 

Approved, Jan. 6, 1827. 



DIVORCES. 



.1 



In force Jan. ^^J^ ACT amending the law concerning Divorces, 

12, 1827. 

Sec. 1. Be itenactedhy the people of the state of Illinois, 
marrSee^decla- ^^i'^'^^^^^'^^ ^^^' ^^^ General Assembly^ That all marriages, 
red void. where either of the parties had a former husband or wife 

li\ing at the time of solemnizing the last marriage, shall 
be void; and any woman or maiden, who shall be duped 
or deceived into such subsequent marriage, shall be resto- 
red to all the rights she would have had, if such mar- 
riage had not taken place, and may sue for and recover 
damages for such fraud, as in cases of breach of marriage 
contract. 
T. , , , Sec. 2. When any divorce shall hereafter be granted 
divorced with- for any cause, the court, before which the same shall be 
out costs in car- tried, if the person applying being a female, shall be poor 
tarn cases. ^^^j unable to pay costs, shall direct that no costs shall be 
taxed against such person, or charged for printing the no- 
tice : Provided, such person shall publish her notice in the 
paper published by the public printer. 

Approved, Jan. 12, 1827. 



In foix:e J<ine 1, -^-^ -^ ^^ Concerning Divorces. 

1827. 

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

Divorces may ^^^^' '^'W^^^^^^^^ ^^ ^^^ General Assembly, That whenever 

be granted. a marriage has been, or hereafter may be contracted and 

solemnized between any two persons, and it shall be ad- 



DIVORCES. 233 

judged in the manner hereinafter provided, that either 
party, at the time of such marriage was, and continues to 
be naturally impotent, or that he or she had a wife or 
husband living at the time of such marriage, or that either 
party has committed adultery subsequently to the mar- 
riage, or wilfully deserts and absents himself or herself 
from the husband or wife, mthout any reasonable cause, 
for the space of two years, and for extreme and repeated 
cruelty or habitual drunkenness for the space of two years, 
in every such case it shall be lawful for the injured party 
to obtain a divorce and dissolution of such marriage con- 
tract; b\j|tno such divorce shall, in any wise, affect the legit- 
imacy of the children of such marriage, except in cases 
where the marriage shall be declared void on the grounds 
of a prior marriage: Provided^ thsit any wilful desertion Proviso, 
and absence which may have happened before this act 
takes effect, shall be computed part of the two years ab- 
sence and desertion provided for in this act. 

Sec. 2. The circuit court, sitting as a court of chancery, 
shall have jurisdiction in all cases of divorce and alimony Circuit court to 
by this act allowed; and the like process, practice, and have jurisdic- 
proceedings shall be had, as are usually had in other cases ^°" ^" ^"^ 
in chancery, except as is hereinafter provided, and except 
that the answer of the defendant need not be on oath. 
The proceedings shall be had in the county where the 
complainant resides, and the process may be directed to 
any county in the state. 

Sec. 3. No person shall be entitled to a divorce in pur- 
suance of the proAasions of this act, who has not resided in ^^^'^^^}^^ °^ 

, 1 , , ^11 •./>!. 1 . 1 T .11 complainant 

the state one whole year pre\ious to tiling his or her bill ^hat necessary. 
or petition, unless the offence or injury complained of was 
committed within this state, or whilst one or both of the 
parties rerdded in this state. 

Sec. 4. If it shall appear to the satisfaction of the court Collusion of 
that the injury complained of was occasioned by collusion complainant. 
of the parlies, or done with the assent of the complainants 
for the purpose of obtaining a divorce, or that the com- 
plainant was consenting thereto, or that both parties have 
been guilty of adultery, when adultery is the ground of 
complaint, then no divorce shall be decreed. 

Sec. 5. In all cases for a divorce, where the defendant 
shall appear and deny the charges in the complainant's 
bill or petition aJledged, the same shall be tried by a jury; 
but if the bill or petition shall be taken for confessed, the 
court may proceed to a hearing of the cause, by examin- 
ation of witnesses in open court, and no confession of the 
defendant shall be taken as evidence, unless the court or 
juiy shall be satisfied that such confession was made in sin- 



234 DIVORCES. 

cerity, and without fraud or collusion, to enable the com- 
plainant to obtain a divorce. But any marriage which 
may have been celebrated or had in any foreign state or 
country, may be proved by the acknowledgment of the 
parties, their cohabitation, and other circumstantial testi- 
mony. 
Alimony wken ^^^* ^' ^^^^^ ^ divorce shall be decreed, it shall and 
allowed. may be lawful for the court to make such order touching 

the alimony and maintenance of the wife, the care, cus- 
tody and support of the children, or any of them, as from 
the circumstances of the parties and the nature of the case 
shall be fit, reasonable, and just. And in case the wife 
be complainant, to order the defendant to give reasonable 
security for such alimony and maintenance, or may en- 
force the payment of such alimony and maintenance in 
any other manner consistent with the rules and practice 
of the court. And the court may, on application, from 
* '" time to time, make such alterations in the allowance of ali- 
mony and maintenance, as shall appear reasonable and 
proper. 

Sec. 7. Any wom.an suing for a divorce, who shall make 
Feni^ies may j^ appear satisfactory to the court, that she is poor and una- 
' * ble to pay the expenses of such suit, shall be allowed by 

the court to prosecute her complaint without costs, and in 
such cases, no fees shall be charged by the officers of the 
court. All acts heretofore passed on the subject of divor- 
ces, are, by this act, repealed. 

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

Approved, Jan. 31, 1827. 



Iii force Decern- A JV ACT amending the law concerning Divorces^ approrced 
b^ 4, 1832. January Z\st, 1827. 

Be it enacted hy the people of the state of Illinois, repre- 

Courts of sented in the General Asse^ibly, That in addition to the 

chancery to causes already provided by law for divorces from the bands 

have full pow-^f jj^a^ti.]ijjQny, courts of chancery in this state shall have 

causes fo7 di- ^^^^ power and authority to hear and determine all causes 

vorces not pro- for a divoFce, not provided for by any law of this state. 

vided for bylaw --fi^e Same rule of proceeding shall be had as in other 

cases in chancery, and upon hearing of the bill, or bill 

and answer, and proofs and exhibits, u the court shall be 

satisfied of the expediency of decreeing a dissolution of 

Fiirther twwer ^^^ bands of matrimony, they shall have power to do so, 

•f said'county. and to make such order with regard to the costs as they 



DISTRICTS. 235 

may deem right, and also to make such order with regard 
to the children (if any) and the right of alimony, as they 
may think proper, under the pro\asions of an act of the 
Legislature entitled " an act concerning divorces, approv- 
ed, January 3Ist, 1827." 

This bill having been laid before the coun- 
cil of revision, and ten days not intervening 
before the adjournment of the General As- 
sembly, the same not haAing been returned 
on the first day of the present session, it has 
become a law, this 4th day of December, 
1833. 

A. P. FIELD, Secretary of State. 



DISTRICTS. 



AJV ACT to lay out the state into districts^ for the purpose ^ 

of electing Representatives to the Congress 15 1831. 

of the United States, 

Sec. L Be it enacted by the people of the state of Illi- 
nois, represented in the General Assembly, That for the congressional 
purpose of electing three representatives to congress, the districts. 
following districts are hereby established, numbered first, 
second, and third. The first shall be composed of the 1st District. 
counties of Gallatin, Pope, Johnson, Alexander, Union, 
Jackson, Franklin, Perry, Randolph, Monroe, St. Clair, 
Washington, Clinton, Bond, Madison, and Macoupin. 
The second district shall be composed of the counties of 2d District. 
White, Hamilton, Jefferson, Wayne, Edwards, Wabash, 
LawrencCy Clay, Marion, Fayette, Montgomery, Shelby, 
Vermihon, Edgar, Coles, Clark, and Crawford. The 
third district shall be composed of the counties of Greene, 3d District. 
Morgan, Sangamon, Tazewell, Macon, McLean, La Salle, 
Cook, Putnam, Peoria, Henry, Knox, Jo Daviess, Mercer, 
Warren, Hancock, McDonough, Fulton, Schuyler, Adams, 
Pike, and Calhoun. 

Sec. 2. One representative to congress shall be elect- 
ed in each of the several districts aforesaid, at the general rp^ n>erabeKg 
election held in the several counties on the first Monday in to be elected, 
August, 1832; provided, however, that if congress shall ^^en. 
not apportion to this state three representatives, no elec- '^°^^^- 
tion shall be held as aforesaid. 

Approved, Feb. 15, 1831, 



236 



DOWER. 



DOWER. 



i"* /fto? ^^^^'^^ ^CT for the speedy assignment of the Dower, and Par- \ 
^* ^^'^^- tition of Real Estate. 

Heir, &c. refu- Sec. 1. Bc it enacted hy the people of the state of Uli- 

dower? ^^^^^nois, represented in the General Assembly, That when the j 
heir or other person, having the next immediate estate of 
freehold or other inheritance, shall not, within one month ! 
next after demand made, assign and set over to the widow 
of the deceased to her satisfaction, her dower in, and to all 
lands, tenements, and hereditaments, whereof by law she 
is or may be dowable, according to the true intendment of 
law, then such widow may sue for, and recover the same, 
in the manner hereafter prescribed, against such heir or 
other person having the next immediate estate of freehold 
or inheritance, or tenant in possession, or other person or 
persons claiming right or possession in said estate. 

Petition. Sec. 2. Every \^idow claiming dower, may file her pe- 

tition in the circuit court of the county against the parties 
aforesaid, stating their names, if known, setting forth the 
nature of her claim, and particularly specifying the lands, 
tenements, and hereditaments in which she claims dower, 
and praying that the same maj^ be allowed to her; and the 

Summons. clerk shall thereupon issue a summons to the parties to ap- 
pear at the next term of the said court, to answer the 
complaint, which shall be served by the sheriff as other 
writs and process. If the parties be unknown, or do not 

Publication of reside in the county, said clerk shall cause an advertise- 
ment to be inserted in the nearest newspaper, printed in 
tliis state, to said premises, for four weeks successively, noti- 
fying said parties that such petition is filed, and requiring 
them or any of them to appear at the next term of the cir- 
cuit court, and shew cause why such dower should not be 
assigned ; and which publication shall be deemed due no- 
tice, and the parties aforesaid, or any other person inter- 
ested therein, may appear and contest the widow's right 
to dower. 

Sec. 3. In all cases where the claim of the widow to 
dower may be contested, the parties contesting the same 
shall be required to enter their appearance to the action, 
and the court shall thereupon proceed to try the cause, or 
direct an issue for that purpose, as the circumstances of 
the case may require. 

Sec. 4. Where any of the parties defendants are minors, 
and under age, and without guardians, the court shall ap» 
point guardians ad litem for such minors. 



MOtice. 



Appearing. 



Guardian ad 
iitem for mi- 

H(X8. 



DOWER. ♦ 2S7 

Sec. 5. Where the court adjudges that the widow shall 
recover dower, it shall be so entered of record, together 
with a description of the land out of which she is to he Ju<}graent. 
endowed; and said court shall thereupon appoint three 
commissioners, not connected with any of the parties, 
either by consanguinity or affinity, and entirely disinterest- 
ed, each of whom shall take the following oath, to be ad- 
ministered by the court, or some justice of the peace: "I 
do solemnly swear, that I will fairly and impartially allot 
and set off to A. B. widow of C. D. her dower, out of the 
lands and tenements described in the order of the court 
for that purpose, if the same can be made, consistent with 
the interest of the estate, according to the best of my 
judgment, so help me God.*' And said commissioners 
shall set off and allot to said widow her dower by metes 
and bounds, according to quality and quantity of all the 
lands, tenements, and hereditaments described in_^said or- 
der of court: Provided,, the widow shall have the home- 
stead or dwelling-house of the husband, if she desire it, 
and make return in writing under their hands and seals 
to said court; which, if approved by said court, shall vest 
in her an estate in the lands and tenements so set off and 
allotted to her, for and during her natural life. 

Sec. 6. No woman that shall be endowed of any lands, Not to eommit 
tenements, and hereditaments shall wantonly or designed- waste 
ly commit or suffer any waste thereon, on penalty of for- 
feiting that part of the estate whereupon such waste shall 
be made, to him or them that have the immediate estate 
of freehold or inheritance in remainder or reversion, (and Damages for 
in case of negligent or inadvertent waste,) by her done or ^^^^* 
suffered, the damages that may be assessed for such waste, 
to be recovered by action of waste. 

Sec. 7. Where a widow has claim to dower in lands 
lying in different counties, she may proceed in the circuit 
court of the county where the lands he, and make recove- 
ry in the manner as is herein directed; and in all cases Writ ofposses- 
where the report assigning dower shall* be approved, thesJon. 
court shall forthwith cause the widow to have possession 
by a writ directed to the sheriff for that purpose, and such ^^^^ 'l^eci 
widow shall also be entitled to reasonable damages to be the widow. 
awarded her from the time of her demand and refusal to 
assign her, her reasonable dower; which may be assessed 
by the court; or a jury, if required, shall be empannelled 
for that purpose, and execution may issue therefor. 

Sec. 8. Thewidow may, in all cases, retain the full pos- 
session of the dwelHng-house in whicl^iier husband most ^^^^^ ^^ 
usually dwelt next before his death, together with the out have the dwei- 
houses and plantation thereto belonging, free from moles- Hng-ho»se. 
tation and rent until her dower be assigned. 



238 DOWER. \ 

Land not sus- Sec. 9. If the Commissioners aforesaid shall report that i' 
vSo^I^ ^ ^* *^^ lands or other estate is not susceptible of a division, i 
without great injury thereto, a jury shall be empannelled 
to enquire of the yearly value of the widow's dower there- 
in, and shall assess the same accordingly; and the court 
shall thereupon render a judgment that there be peiid to ■ 
such widow as an allowance in lieu of dower, on a <iay j 
therein named, the sum so assessed as the yearly value of j 
her dower, and the like sum on the same day in every 
year thereafter, -during her natural life; and such jury , 
shall, moreover, if the same has not been done, assess the 
damages which may have accrued down to the time of 
rendering the verdict. 
Heirs may pe- Sec. 10. Heirs, or if under age, their guardians, or any 
mem 0? dow^" ^^^^^ persons interested in lands, tenements, or heredita- 
* ments, may also petition the court to have the widow's 
dower assigned, which shall be proceeded in in the same 
manner as is prescribed in other cases. 
How divorces ^^^' ^^' ^^ ^^J woman shall be divorced from herhus- 
*alieffectdow- band for the fault or misconduct of such husband, except 
«f« where the marriage was void from the beginning, she 

shall not thereby lose her dower; but if such divorce be 
for her fault or misconduct, she shall forfeit her dower; and 
where a divorce is obtained for the fault and misconduct 
of the husband, he shall loose his right to be tenant by the 
cwrtesy in the wife's lan<ls. 
Adtriicfv in Sec. 12. If a wife voluntarily leave her husband and 
^'^"^ commit adultery, she shall be forever barred her dower, 

unless her husband be voluntarily reconciled to her, and 
suffer her to dwell with him. 
Joint tenants ^^^ ^^' When any person, by last will and testament, 
may petition shall dcvisc his or her real estate, orany part thereof, to two 
for a division or more dcvisccs, not ascertaining the metes and bounda- 
. „..i„_^ ^.^^ ^^ each devisee's share, and their shares be undivided, 
such devisees, or any of them, and should they or any ci 
tliem be under age, their guardian or guardians may ap- 
ply to the circuit court of the county where the whole of 
the lands, or a part thereof may lie, by petition in writinp: ; 
and said court may order a division thereof to be made 
agreeably to the true intent and meaning of said last will 
and testament; and said court shall appoint three com- 
missioners, not connected with any of the parties, either 
by consanguinity or affinity, and entirely disinterested; 
each of whom shall take an oath before the court, or some 
justice of the peace, fairly and impartially to make parti- 
tion of said lands, if the same can be done consistently 
with the interest of the estate: and tlie said commission- 
ers shall go upon the premises and make partition of said 



of tbeir land. 



lands, tenements, and hereditaments, assigning to each de- 
visee his or her share, by metes and bounds, and shall 
make report of their proceedings to the next term of the 
circuit court; which report, if approved by said court, shall 
be entered of record, and shall be conclusive to all parties 
concerned. 

Sec. 14. "Where the real estate of any person dying in- 
testate, shall descend to two or more children, or other tenanfrhf cxj.n- 
heirs of the intestate, and the same be not divided, or moa. 
where two or more persons, proprietors of any tract or 
tracts of lands, tenements, or hereditaments within this 
state, are desirous of having the same divided, the circuit 
court on application, by petition, may order and direct a Entitled to a 
division of such lands, tenements, or hereditaments, agree- division. 
ably to the law of descents where the lands are claimed 
by descent, or agreeably to the rights of the parties, pro- 
prietors, and owners aforesaid, by metes and bounds, and 
shall, thereupon, appoint three commissioners, who shall 
make partition and return their proceedings under their 
hands and seals, as is prescribed in the previous section of 
tliis act; and which report, if approved by said court, 
shall be recorded as in case of devisees, and shall be con- 
clusive on all parties concerned. 

Sec. 15. All devisees, heirs, or owners of lands, tene- 
ments, or hereditaments as afore-^aid, or the guardians of '^^^^'^^ ^° ^^^ 
such as are under age, not applying for such division,(and 
if any heir, devisee, or owner, be under age, and without 
a guardian, the court shall appoint a guardian ad litem 
for such minor,) shall have notice of the application for 
such partition, by summons duly served, or by adver- 
tisement, to be pubhshed for four weeks in the nearest 
newspaper to the premises, printed in this state. 

Sec. 16. Where any lands, houses, or lots, are so cir- 
cumstanced, that a division thereof cannot be made witli- Lands not su?- 
out manifest prejudice to the proprietors of the same, and ^^P^^'^'^ ""^ ^^' 
the commissioners appointed to divide the same, shall so ''''°"* 
report to the court: the court shall thereupon give an or- 
der to said commissioners, or other person or persons, to 
sell such lands, liouses and lots, or houses, and lots at pub- ^ , 
he vendue, upon such terms, and by giving notice of sale '° '" 
as the court shall direct, and who shall make and execute 
good and sufficient conveyance or conveyances to the par- 
o^ser or purchasers thereof; which shall operate as an 
effectual bar, both in law and equity against such owners . 
or proprietors, and ail persons claiming under them; and pa^Jo tbTo'! 
the moneys ansmg therefrom, to pay to the owners or ners. 
proprietors of such houses and lots, their guardians or le- 
gal representatives, as shall be directed by said court— 
22 



240 EDUCATION. 

The court to make such order in relation to costs as shall 
seem right. 

Sec. 17. An act for the speedy assignment of dower, 
Act repealed, approved, February 12, 1819, and an act for the partition 
of lands, approved, February 20, 1819, be, and the same 
are hereby repealed. 

Sec. 18. The commissioners to be appointed under 
Compensation j.\^i^ ^ct, shall be allowed as a compensation for their ser- 
vices, one dollar per day cacii, to be taxed as other costs. 
This act to take effect on the first day of June next; 
but rights acquired under those acts are not effected by 
this act. 

Approved, Feb. 6, 1827. 



to commission- 



EDUCATION. 



i 



In force Feb. 1, AJ^ ACT cotijirming grants of property made for the cncour- 
^^^^* ogcmcnt of Education, and for other purposes. 

Sec 1. Be it enacted hy the people of the state of Illinois^ 
Grants for cer- represented in the General Assembly, That all gifts a n 
sJcmed't^oThose S^'^^^^^ heretofore made for land Jfor the erection of a 
purposes. school-house, a house for divine worship, and for burying 

the dead, where such gift or grant of land shall not ex- 
ceed ten acres for a church or burying-ground, shall be 
held valid in law to the use of iha person or persons or 
religious society therein named, for the purpose of educa- 
tion, for divine worship, or for the interment of the dead, 
and none other: Provided, that such gifts and grants shall 
rv u ^ ^ be recorded in the county where such lands may lie, ^vith- 

Toberecorded. -i r xi i- xi • . *' 

m twelve months irom the passage ol tins act. 

Sec. 2. When any person shall hereafter deem it pro-. 

per to make a donation or grant of land for the purpose of 

D d t be erecting a house for divine worship, a house for education, 

made to coun- or for the interment of the dead, such deed of gift or grant 

ty coinra'rs. shall be made and executed to the county commissioners 

of the proper county, and their successors in office in 

trust, and for the use of the persons, society, or collection 

of people therein named; which shall be held and used 

by such socict}^, persons, or body of people as therein 

directed, for the sole use of education, divine worship, and 

interment of the dead, and none other; which deed shall 

To be recorded be recorded in the recorders office of the proper county, 

within twelve months after the execution of the same: 

Provided^ that in no case shall such grant for the erectioa 



ELECTIONS. 211 

of a house for divine worship exceed in quantity ten acres Limitation. 
of land. 

Sec. 3. If any person or persons shall commit any tres- 
pass upon the premises so granted, such trespasser shall punished. ^ 
be Hable to pay all damages so committed, to be recovered 
in the name of any person who will sue for the same ; and 
when recovered shall be paid over to those persons dr 
societies interested in the premises, to be expended by 
them in repairing such damages, or making any improve- 
ments thereon "^lat they may think fit. '^ 

Sec 4. When any gift or grant, as aforesaid, shall he 
perverted, or used for any other purpose than contempla- g^^^" ^^^^^^^"^'^ 
ted by this act, or shall be abandoned by the donees, ed, to revert to 
such gifts or grants shall become vested in the county county. 
where such lands may lie, unless otherwise directed, in ^"sr^directed 
such gift or grant by the donor, and shall be sold by the by donor. 
order of the county commissioners of such county, and 
the proceeds thereof applied for the use of education in 
such county. 

Approved, Feb. I, 1831. 



ELECTIONS. 

AN' ACT to amend the act regulating Elections. In force Feb. 9 

1827. 

Sec. L Be it enacted by the people of the state of Illinois. ^^ 

7 • 7 /^ 7/1 7 7 rrii 1 '^ County com- 

represented in -the ixeneral Assembly, Ihat the county com- missioners may 

missioners' courts of the several counties in this state, are increase the 

hereby empowered to increase the election precincts of ".""^^'^ °^ ^^^ 

their respective counties for the election of members of 

the general assembly and other officers, to six, under the 

restrictions of the act to which this is an amendment. 

Sec. 2. There shall be appointed at the present session j . , . 

of the general assembly, in the mode prescribed by the peace appoint- 

^*Act regulating the manner of appointing justices of the ed. 

peace," approved, February 19, 1819, a suitable number 

of justices of the peace for the several counties created at 

the present session of the general assembly; any law to 

the contrary, notwithstanding. 

Approvth), Feb. 9, 1827. 



242 ELECTIONS. 



U %% ^^' ^^'^^^^^T' directing the mode of electing Electors of President 
* * and Vice President of the United States. 

Sec. 1. Be it enacted hy the people of the state of Illinois^ 
represented in the General Assembly^ That there shall be 
elected, by general ticket, on the first Monday in Novem- 
chos<^n by gen- ^^^' ^"^ thousand eight hundred and twenty-eight, and on 
eral ucket. the first Monday in November, quadriennially thereafter, 
as many electors of President and Vice President of the 
United States, as this state may be entitled to elect, which 
election shall be conducted, and returns thereof made, in 
all respects, in the manner prescribed for the election of 
governor. 

Sec. 2. The clerks of the several county commissioners' 
Ckrk^s duty courts shall, within fifteen days next after holding an elec- 
vhen to make tion, for electors as aforesaid, send by expresss, to the se- 
secr^ar ^° f ^^ crctary of state, an abstract of returns of said election. 
s^ates'^office. Immediately after the said returns shall have been mad«, 
the secretary of state, auditor of public accounts and treas- 
urer, or any two of them shall, in the presence of the go- 
vernor, or person administering the government, proceed 
to open and canvass said election returns, and to declare 
the person having the highest number of votes elected; 
but should any two or more persons be returned, with an 
equal and the highest vote, the said secretary, auditor, and 
treasurer, or any two of them shall, in the presence of the 
governor, or person administering the government, decide 
by lot which of the persons so equal and highest shall be 
elected. 

Sec. 3 The governor, or person administering the gov- 

Result of the crnment, shall cause the result of the said election to be 

pubH^ed^° ^'^ pubHshed in the paper printed by the pubHc printer, and 

transmit by express, to the persons elected, certificates of 

their election. 

Sec. 4. There shall be paid to said expresses out of the 
treasury, on the warrant of the auditor, mileage at the rate 
of ten cents per mile for bringing said return to the seat 
of government, or for carrying a certificate of election to 
an elector. The secretary of state shall certify to the au- 
ditor how much each express shall be entitled to for servi- 
ces rendered under this act. 

Sec. 5. The electors chosen as aforesaid, shall meet at 
me^e^Tt ^the ^^^ seat of government of this state, at the time appointed 
seat of gov- by the laws of the United States, and give their votes in 
cinraeut the manner therein provided; and perform such duties as 
are or may be required by law. Each elector shall re- 
ceive for every twenty miles necessary travel in going to 



ELECTIONS 243 

the seat of government to give his vote, and in returning 

to his residence, to be computed bj the most usual route, 

the sum of tlii-ee dollars, to be paid on the warrant of the 

auditor, out of any monfey in the ti-easury, not otherwise 

appropriated. All prior acts on the subject of the election Acts repealed. 

of electors of President and Vice President of the United 

States are hereby repealed. 

Appro\'bd, Jan. 11, 1827. 



A.Y ACT regulating Elections. \y^^^ *^^^ 

Sec. 1. Be it enacted by the people of the state of Illinois, 
represented in the General Assembly, That all general and 
special elections for governor, lieutenant governor, repre- 
sentative to congress, senators, and representatives to the 
general assembly, and county officers, shall be conducted 
in the manner hereinafter prescribed. 

Sec. 2. The county commissioners' court in this state 
shall divide their respective counties into as many dec- not^'exceedtn^ 
tion precincts as they may think expedient, not exceeding eight, 
eight, including the county seat or place of holding courts, 
wliich shall always be one; and shall designate the house 
or place in each precinct, and in the precinct including Pi^cc of eiec- 
the county seat, the house or houses, place or places, at be designated!'' 
which elections are to be holden; and the precincts and 
places of holding elections, so estabhshed, shall so remahi 
until changed by the county commissioners' court: And all And may be 
general and special elections shall be held at the places so <^^*"sed. 
designated, until changed as aforesaid: Provided, always, 
that it shall be the duty of the county commissioners' court 
at cUiy time, to change any place of holding elections, 
upon a petition of a ma.jority of votei-s residing within the 
precinct: Provided, further, that the county commissionei^ 
shall, if they deem it necessary, organize two sets of judges Two sets of 
and clerks of election, in the precinct including the coun- ^^f ^^J^J^^f ^Jj^jf ' 

ty seat. counysea . 

Sec. 3. The said county commissioners' courts shall, 
respectively, at the last stated^term preceding any election, 
appoint three capable and discreet persons, possessing the 
qualifications of electors, to act as judges of the election, J^^^gcs of eiec- 
in each election precinct: and the clerk of the said court !;°;;,jed ^^ ^^" 
shall make out and dehver to the sheriff of the county, ^ ' ' ' 
immediately after the appointment of said judges, a notice who sluiii bo 
thereof in writing, directed to the judges so appointed; notified thekof 



244 ELECTIONS. 

and it shall be the duty of the said sheriflf, within twenty- 
days after the receipt of said notice, to serve said notice 
upon each of the said judges of election. The said judges 
Judges to of the election shall choose two persons, having similar 
choose cleAs. quahfications with themselves, to act as clerks of the elec- 
tion. The said judges of the election shall be and contin- 
ue judges of all elections of civil officers, to be held with- 
in their precinct, until other judges shall be appointed, as 
herein before directed ; and the said clerks of election 
may continue to act as such during the pleasure of the 
judges of the election. And the county commissioners' 
Vaoaucies. courts shall, from time to time, fill all vacancies which may 
take place in the office of judge of the election, in any 
election precinct within their respective counties. 

Sec. 4. The clerks of the several county commissioners' 
courts shall, at least thirty days previous to any general 
election, and at least t"v\'enty days previous to any special 
election, make out and deliver to the sheriff of his county, 
llirec noiioes three written notices thereof for each precinct, said notices 
chict^^^ ^^^' ^^ ^^' ^ nearly as circumstances will admit, as follows, to 
Form thereof, wit: "Notice is hereby given, that on Monday, the 
day of next, at the house of in 

precinct, in the county of an eliection will be 

held for governor, one lieutenant governor, one represen- 
tative to the congress of the United States, one senator, 
three representatives in the general assembly of this 
state, one sheriff, one coroner, three county commission- 
ers, &c., (as the case may require,) which election will be 
opened at eight o'clock in the morning, and will continue 
open until six o'clock in the afternoon of the same day. 
Dated at this day of in the 

year of our Lord one thousand eight hundred and 

A. B. clerk of the county commiss'rs' 

court of county.'^ 

Sheriff 10 post And the said sheriff to whom such notices shall be deliver- 

them up. pj ^^g aforesaid, shall post up in three of the most pubhc 

places in each precinct, the three notices referring to such 

precinct, at least iifleen days before the time of holding 

any general election, and at least eight days before the 

time of liolding any special election." 

Sec. 5. If. any person appointed to act as a judge of 

Judge refusing ^j^^ election as aforesaid, shall neglect or refuse to be 

sworn or affirmed to act in such capacity, the place of 

such person shall be filled by any justice of the peace, 

residing within the precinct, to be nominated by the 

other judge or judges of the election, and if there be no 

Justice of the other justice present to act as judge, the other judge or 

peace to act. ^^^ ^^ ^^^ clcction shall nominate one or more capa- 



ELECTIONS. 245 

ble and discreet elector or electors, residing within the 
precinct, to fill such vacancy or vacancies ; and if there 
be no judge of the election present to fill such vacancy 
or vacancies by nomination, then such vacancy or va- No judge at- 
cancies shall be filled by the votes of such qualified elec- tending, voters 
tors, residing within the precinct, as may then be pre- "^^^ ^^^^' 
gent at the place of election; and the justice or justices, 
person or persons, so elected or nominated to fill such va- 
cancy or vacancies, shall be, and are hereby vested with 
the same power as if appointed by the county commis- 
sioners' court. 

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

Sec. 7. In case there shall be no judge or justice of By whom ad-^ 
tlie peace present at the opening of the election, or in ministered, 
case such judge or justice shall be appointed a judge or 
clerk of the election, it shall be lawful for the judges of 
the election, and they are hereby empowered to admin- 
ister the oaths or affirmations to each other, and to the 
clerks of the election ; and the person administering such 
oaths or affirmations, shall cause an entry thereof to be Entry ti»ereof 
made and subscribed by him, aad prefixed to the poll- to be made, 
books. 

Sec. 8. At all elections to be held under this act, the p^jj ^^^^ 
polls shall be opened at the hour of eight in the morning, opened and 
and continue open until six o'clock in the afternoon of closed, 
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 not attending, 
for the electors present to appoint judges to conduct the 
election, as herein before prescribed, the election may, in 
that case, commence at any hour before the time for 
closing the poll shall arrive, as the case may require ; and, 
provided also, that the judges of the election may, if they 
shall deem it necessary, for the purpose of receiving the 
votes of all the electors wishing to vote, postpone the Closing poll 
closing of the polls until twelve o'clock at night. And may be post- 
upon opening the poll, one of the clerks, under the direc- P°"^'^' 
tion of the judges, shall make proclamation of the same, 
and thirty minutes before the closing of the poll, procla- ^'^^^'^^e*!'' 
mation shall be made in like manner that the poll will be 
closed in half an hour. 



946 



ELECTIONS, 



Stationery. 



Manner of 
YOting, 

Viva voce. 



May vote for 
gov. &c. at 
ntxj place. 

Rep. in con. 
in ^e district. 

For senator & 
rep. in general 
assembly. 

Skeriff and 
CO. com. 

Jus, peace & 
constables. 

Voting more 
than once. 



How punished 



Challenges. 



Oath and 
qualifications 
of voter. 



Si;c 9. The clerks of the election shall furnish the 
^ecessa^y pol]-hooks and stationery in conducting th^ 

sayne. 

Sec. 10. The manner of voting shall he by the elec- 
tors 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 
voice, to be heard by the judges and clerks of the elec- 
tion, to mention by name the persons he intends to vote 
for to fill the different offices which are to be filled at the 
said election, and the clerks shall enter his name and vote 
accordingly, and he shall then withdraw: Provided, thai a 
voter may vote by presenting an open ticket to the judges, 
containing the names of the persons for whom he votes, 
and the offices; and the said judges shall read the same 
to the voter, and the clerks, with the assent of the voter, 
set the same down in their books, as in other cases. 

Sec. 11. It shall be lawful for any elector to vote for 
governor, lieutenant governor, and electors of president 
and vice president of the United States, at any place of 
holding an election wdthin this state; for representative 
to congress, at any place of holding an election within 
the congressional district in which such elector resides; 
for senator and representatives to the general assembly, 
at any place of holding an election within the senatorial 
or representative district in which he resides; for sheriff, 
coroner, and county commissioners, at any place of hold- 
ing an election in the county in which he resides: But 
for justices of the peace and constables, he shall not vote 
out of the district in which he resides. And if any elec- 
tor shall vote more than once at any election held under 
the authority of this act, he shall be fined in the sum of 
. one hundred dollars, to be recovered by indictment be- 
fore any court of competent jurisdiction, and the whole 
of sucli fine shall be appropriated to the use of the coun- 
ty, in which the oflTcnce may have been committed. 

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

linois; that I have resided in this state for the period of 
six months, immediately preceding this election; that I 
have, to the best of my knowledge and belief, attained 



EtJICTIONS. * ^X 

to the age of twenty-one years ; and that I have not voted 
at this election." And if the person so offering his vote, Vote to be 
shall take such oath or affirmation, his vote shall be re- admitted. 
ceived, unless it shall be proved by evidence satisfactory 
to a majority of the judges, that said oath or affirmation 
is false: And if such person refuses to take such oath or ^'^^J®^*®^" 
affirmation, his vote shall be rejected. And if any per- 
son shall take the said oath or affirmation, knowing it to^alseoath 
be false, he shall be deemed guilty of wilful and corrupt ^^'^P""^'^'^* 
perjury, and shall, on conviction, suffer such punishment 
as is now, or shall hereafter be prescribed by law, for 
persons guilty of perjury. And if any person shall vote 
at any election, who is not a quahfied voter, he shall for- "^"ns noting 
feit and pay any sum not exceeding fifty dollars, nor less how punished. 
than twenty-five, to be recovered in the same manner as 
other penalties under this act are: Provided^ ^owerer. Proviso, 
that if such person shall have been considered by the 
judges of the election a legal voter, then such person 
sHall not be so fined. 

Sec. 13. For the preservation of order, as well as the Constables to 
security of the judges and clerks of the election from in- attend, 
suit and abuse, it shall be the duty of any constable or 
constables, residing within the precinct, who shall be de- 
signated for the purpose by the judges of the election, 
to attend at all elections within such precinct; and should 
iio constable attend at such election, the judges of elec-^^P^jg^^*^°^" 
tion are hereby authorized and empowered to appoint 
one or more special constables to assist in preserving or- Power of 
der, during the election: and the judges are hereby em- judges to fine. 
powered to impose a fine, not exceeding twenty dollars, 
on any person or persons, who shall conduct in a disor- 
derly and riotous manner, and persist in such conduct, af- 
ter having been warned of its consequences; and on re- 
fusal to pay the same, to commit him or them to the com- 
mon jail of the county, for any time not exceeding twen- '^^"^P^^^"' 
ty days, or until the fine shall be paid; and the constable 
to whom the order shall be directed, and the jailer of the 
county, are hereby required 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 Po^i ^o^ 
and counted, the clerks shall set down in their poll books, ^n^ail'^'^" 
the name of every person voted for, written at full length, 
the office for which such person received such vote or 
votes, and the number he did receive, the number being 
expressed in words at full length, such entry to be made 
as nearly as circumstances will admit, in the following 



,848 ELECTIONS. 

Form. form, to wit: "At an electiou held, at the house of ^ in 

precinct, in the countj of and state of Illi- 

nois, 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 tlie 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 II had sixty votes for lieutenant governor. 
I K had eighty votes for representative to congress.. 
L INI 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 votes 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 officers, 
tvoted for. Certified by us, 

A B,^ 

C D,> Judges of the election. 

E F,^ 

T 1 V Clerks of the election. 
The judges of the election shall then enclose and seal 
w"bemur^d ^"^ ^^ *^^^ poll-books, under cover, directed to the clerk 
to the clerk of of the county commissioners' court of the county in 
commissioners' whicli such election is held, and the packet thus sealed 
^^^' shall be conveyed by one of the judges or clerks of the 

wcierk^"^^^ 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 otiier deposited with one of the judges of the election, to be 
lodged with the determined as aforesaid; and the poll-book shall be sub- 
judges, ject to the inspection of any elector who may wish to ex- 
amine it. And if any judge or clerk of an election, af- 
ter having been deputed by the judges of the election, 
at which he shall have served as judge or clerk, to carry 
Failure of the poU-book of such election to the clerk of the county 
tolkiiver?^^' Commissioners' court of the county, shall fail or neglect 
to deliver such poll book to the said clerk, within the 
time prescribed by law, safe, with the seal unbroken, he 
HoNT punished, gj^^jj^ for every such offence, forfeit and pay the sum of 
five hundred dollars, for the use of the county, to be re- 
covered in the name of the commissioners of the county, 
bv an action of debt in the circuit court* 



ELECTIONS. * 249 

Sec. 15. On the seventh day after the close of the Clerk to open 
'election, or sooner if all the returns be received, the^^®P°"* 
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 
the votes in the following manner: the abstract of the ^^^^^^^^^ 
votes for governor and lieutenant governor shall be on 
one sheet, and the abstract of votes for representatives 
to congress shall be on another sheet, and the abstract of 
votes for senator and representatives to the general as- 
sembly shall be on another sheet, and the abstract of 
votes for county officers shall be on another sheet; and 
it shall be the duty of the said clerk of the county com- 
missioners* court, immediately to make out a certificate J^^^g^J^^" 
of election to each of the persons having the highest election. 
number of votes for senator and representatives to the 
general assembly, and county officers, respectively, and 
to deliver such certificate to the person entitled to it, on 
liis making application for that purpose to the clerk at 
his office: Provided, hozcever, that vrhere tw^o or more- 
counties are united in one senatorial or representative ^Q^^^^^g'^^'^j^^jg 
district, the clerk of the county commissioners' court of district. 
the county last established, shall, within twelve days after 
the day of the election, attend at the office of the clerk 
of the county commissioners' court, of the senior county, 
and there, in conjunction with the clerk or clerks of the 
senior count^^ or counties, shall compare the votes given 
in the sevefal counties composing such senatorial or re- 
presentative district; and said clerks shall, immediately, 
make out a certificate of the election of the person or 
persons having the highest number of votes in such coun- 
ties for senator or representative to the general assem- 
bly: which certificate shall be delivered to the person en- 
titled 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 the coun- 
ties of Johnson, Union, and Alexander, the several clerks Johnson, 
shall meet at the seat of justice of Union county; in the Y^g^nde"^ 
district composed of the counties of Bond, Fayette, Mont- 
gomery, Shelby, and Tazew^ell, the several clerks shall Bond, Fay- 
meet at the seat of justice of Fayette county; in the dis-ette, &c. 
trict composed of the counties of Pike, Fulton, Peoria, 
Schuyler, Adams, and Jo Daviess, the several clerks pjke, Fulton, 
shall meet at the seat of justice of Schuyler county; to&c. • 
compare the returns of votes given within such districts, 
for senators or representatives, or for either; and in every 
senatorial or representative district, containing four or 
more counties, the several clerks shall meet, on the fiP 



350 ELlilCTIONS. 

Clerks to meet teenth day after the election, for the purpose of compar- 
days"* ^^^ ^^S *^^ returns of said votes. And it shall be the duty 
of the clerk of the county commissioners' court, in each 
county, on the receipt of the election returns of any ge- 
neral or special election, to make out his certificate, sta- 
Compensation ^"§ therein the compensation to which the judges and 
to judges and clerks of each election may be entitled, for their services, 
clerks. and lay the same before the next commissioners' court 

of the county; and the said court shall order the com- 
pensation aforesaid to be paid out of the county treasury. 
Sec. 16. If the requisite number of senators or repre- 
Persons having gentatives. Or county officers, shall not be elected by rea- 
equai°numbe'r ^^^ ^^ ^^7 *^^ ^^ more persons having an equal and the 
of votes to de- highest number of votes for one and the same office, the 
cide by lot. clerk or clerks, whose duty it is to compare the polls, 
shall give notice to the several persons so having the 
highest and an equal number of votes, to attend at the 
office of the proper clerk, at a time to be appointed by 
the said clerk or clerks, who shall then and there proceed 
publicly to decide by lot which of the persons so having 
an equal number of votes shall be declared duly elected; 
and the said clerk or clerks shall make out and deliver 
to the person thus declared duly elected, a certificate of 
his election, as herein before provided. 

Sec. 17. The clerk of the county commissioners' 
Returns to the court, immediately after making out abstracts of votes 
secretary of given in his county, shall make a copy of each of said 
state. abstracts, and transmit it by mail to the office of the sec- 

retary of state; the abstract of votes for governor and 
lieutenant governor, being addressed to the speaker of 
the house of representatives, and inclosed with the other 
abstracts to the secretary's office as aforesaid; and it 
shall be the duty of the secretary of state, at the opening 
of the succeeding session of the general assembly, to de- 
liver all such abstracts of votes for governor and lieuten- 
ant governor, or for either of them, to the speaker of the 
cwivai°ed.^ house of representatives. The secretary of slate, audi- 
tor, treasurer, and attorney general, or any two of them, 
in the presence of the governor, shall proceed, within 
fifty days after the election, and sooner if all the returns 
Governor to be received, to canvass the votes given for representa- 
grant certiii- tivcs to cougrcss; and the governor shall grant a certifi- 
cate, cate of election to the person or persons having the 
highest number of votes, and shall also issue a procla- 
prodTmation. mation, declaring the election of such person or persons. 
In case there shall be no choice, by reason of any two 
or more persons having an equal number of votes, the 
election shall be determined by lot, under the direction 



ELECTIONS. 251 

of the governor, in the manner prescribed in the sixteenth 
section of this act. 

Sec. 18. If the returns of the election of any county Secretary may 
in this state shall not he received at the office of the sec- employ a mes- 
retary of state, within thirty days after the day of elec-senger, 
tion, the said secretary shall forthwith send a messenger 
to the clerk of the county commissioners' court oS such 
county, whose duty it shall be to furnish the said messen- 
ger with a copy of such returns; and the said messenger Compensation, 
shall be paid out of the state treasury the sum of ten 
cents for each mile he shall necessarily travel in going 
to, and returning from the office of the said clerk. / 

Sec. 19. Any person who shall receive a certificate of Liberty of re- 
his election as senator or representative to the general signing. 
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 have 
taken the requisite oath of office. And when any vacan- Vacancy how 
cy shall happen in the office of senator or representative senator,^!:?. 
to the general assembly, by death, resignation, or other- 
wise, the governor shall issue a writ of election, directed 
to the sheriff of the county in v/hich 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 there is to be no session ^'^^^^^^^ 
of the general assembly between 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 va- 
cancy. And when any vacancy shall happen in the ^" ^^^^^ 
office of sheriff or coroner, either by death, resignation, or ^ ' ' 
otherwise, the clerk of the county commissioners' court 
in which such vacancy shall happen, shall immediately 
notify the governor of such vacancy; and it shall be the Writof eiec- 
duty of the governor to issue a writ of election, and di-tion. 
rect the time when such election shall be held, the said 
writ to be directed to the said clerk. And when any Vacancy of 
vacancy shall happen in the office of representative to representative 
congress from this state, it shall be the duty of the gov- '" congress. 
ernor to issue his proclamation, appointing a day to hold 
a special election to fill such vacancy. 

Sec. 20. If any vacancy shall happen in the office of Vacancy of 
governor by death, resignation, removal from office, or governor. 
refusal by the governor elect to take the requisite oath of 
office, it shall be the duty of the secretary of state to noti- 
fy 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 



'^avJ ELECTIONS. 

electors of president and vice president, (as the case may 
be,) an election will be held to fill such vacancy: Provi- 
ded^ however, That the secretaiy shall not give such no- 
tice, nor shall such special election of governor take 
place unless the vacancy shall have happened at least 
forty daj s previous to such general election for members 
of the general assembly, 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 
succeeding quadrennial election of governor. 

Sec. 21. If any candidate of the proper county shall 
Contested des^re to contest the validity of any election, or the right 
ekciioiis. of any person declared duly elected to hold his seat in 

the senate or house of representatives of the general as- 
vepresentative sembly, such Candidate shall give notice of his intention 
to Uie general in writing to the person whose election he intends to 
iissembiy. contest, or leave a notice thereof at his usual place of 
residence, within thirty days after the day of election, 
expressing the points on which the same will be contest- 
ed, the name of one of the justices of the peace who will 
attend at the taking of the depositions, the place where, 
Taking dcposi- ^^^ ^r^^ ^- j^^ when the said depositions will be taken ; 
■ ' which iime so fixed upon for the taking of the deposi- 

tions, shall not exceed sixty days from the day of elec- 
tion; and the party whose election is contested shall 
have a right to select another justice of the peace, and 
the two justices so selected shall make choice of a third 
justice, and if they fail to agree upon a third justice to 
act with them, they shall proceed to select, by lot, a jus- 
tice of the peace, who shall preside with them at the 
taking of such testimony; and the three justices thus se- 
lected, or a majority of them, shall have power, and they 
are hereby authorized to issue subpenas to all persons 
whose testimony may be required by either of the par- 
ties, commanding such person or persons to appear and 
give testimon}", at the time and place therein mentioned, 
under the penalty of fifty dollars, to be levied on each 
and every delinquent who has been duly served with 
process: Provided, however, That should the person, whose 
election is contested, fail to nominate a justice as afore- 
said, 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 proceed 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, 



ELECTIONS. 253 

and the testimony of him, her, or them, so faihng or refu- 
sing to appear, may he 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 refuse 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 fos' 
the same. And the said justices, when met, shall. hear, 
and certify under seal, all testimony relative to the said 
contested election to the speaker of the senate, or to the 
speaker of the house of representatives, as tlie 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 person who ser- 
ved or delivered the same, shall be delivered to the said 
justices, and by them transmitted, with the other docu- 
ments, to the speaker of the senate, or to the speaker of 
the house of representatives, to whichever body the per- 
son whose election is contested belongs. 

Sec. 22. When any candidate shall desire to contest In case of sher- 
the vahdity of any election, cr the right of any person '^' ^°^°"^^^_ 
declared duly elected, to hold and exercise the office of missioner, 
sheriff, coroner, or county commissioner, such candidate 
so contesting the election as aforesaid, shall proceed in 
all respects in the manner prescribed in the foregoing 
section, except that the dociments taksn relative to such 
contested election, shall be transmitted with the notice 
aforesaid, to the judge or justice of the supreme court, 
presiding in the circuit to which the county belongs, in 
which such contested election shall take place, ten days 
notice having been given to both parties of the time 
when, and the place where, such judge or justice of the 
supreme court will be called upon to decide such con- 
tested election, at which time both parties shall have a 
right to be heard by themselves or counsel. And the 
said judge or justice shall forthwith proceed to examine 
said documents, and declare which of said candidates 
shall, in his opinion, have been duly elected, and the de- 
cision of such judge or justice in ralation 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 con- 



854 



ELECTIONS. 



To be disquali 
fied. 



ducting the election, shall wilfully neglect, improperly 
delay, or refuse to perform any of the duties required by 
Penalty of this act, after having undertaken to perform such duties, 
iefS^ ^^"'^'he shall forfeit and pay to the state the sum of forty dol- 
^^using to act, j^^j.^. ^^^ -^ any such judge of the election, clerk, or oth- 
er officer or person, in any wise concerned in conducting 
the election, shall knowingly admit any person to vote, 
And for other ] i^ot qualified according to law, or shall knowingly re- 
nusconduct. " ceive and count more than one vote from one person, at 
the same election for one office, or shall be guilty of 
fraud, corruption, or partiality, or manifest misbehavior, 
in any matter or thing relating to said election, each and 
every person so offending shall forfeit and pay to the 
county the sum of one hundred dollars, to 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 
cosis of suit, or at the suit of any person who may sue 
for the same, one half for the use of the person sueing, 
and the other half for the use of the county; and every 
such person so offending as aforesaid, shall, moreover, on 
conviction, be rendered incapable of holding any office 
Refusing to ad- within this state, for the term of ten years thereafter. 
mit voters. 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 ca.S8 by 
this act, such judges of election so refusing, shall be liable 
to the penalty of fifty dollars, to be recovered by action 
of debt in the name of the state, or of any person who 
may sue for the same, one half of the said fine to go to the 
use of the county, and the other half to the use of the 
person sueing: Provided, That notiiing in this act shall 
be so construed as to prevent the judges of election from 
refusing to receive the vote of any person when it shall 
be proved to the satisfaction of a majority of them, that 
in taking the said oath he shall have sworn falsely. And 
if any judge of election shall order to be received the 
vote of any person who being challenged-, 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 sueing therefor, the 
one half of said fine for the use of the county, and the 
other half for the use of the person sueing. 

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 



Pro 



Vacancy of 
senator, ire. 



ELECTIONS. # 255 

clerk of the county commissioners' court of the county, 
if one county only compose the senatorial or representa- j^^^^ ^^,^,5 
tive 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 hm- 
its 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 governor, and the governor, immediately upon his 
receiving such notification, shall proceed in the same 
manner as is prescribed, for other cases, in the 19th sec- '" 

tion of this act. And whenever any vacancy shall hap- 
pen in the office of governor, either by death, removal, 
resignation, refusal to qualify, or any other cause, it shall 
be the duty of the secretary of state to notify the differ- Vacancy in the 
ent sheriffs throughout the state, and order an election office of. 
to be held to fill such vacancy, at the next succeeding 
election of representatives to the general assembly, and 
it shall be lawful 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 election of governor. 

Sec. 25. On the first Monday in August, one thousand j^^l^^cuon to be 
eight hundred and thirty, and on the first Monday in Monday in 
August biennially thereafter, there shall be an election Aug. 183Q. 
in each county in this state, for representatives to the 
general assembly; senators, where under the provisions And biennially 
of the constitution of this state, a senator shall have to ^^^"^^^^^^^ ^^:^ 
be elected ; one sheriff; one coroner, and three county And quadren- 
commissioners. And there shall be held on the said first naiiy thereafter 
Monday in August, 1830, and quadrennially thereafter, ^'^'^§"''- ^"^ ^^• 
an election throughout this state, for governor and lieu-^ 
tenant-governor. 

Sec. 26. On the first Monday of August, in the year j, 
one thousand eight hundred and thirty-one, and on the th^Ut Monday 
first Monday of August, one thousand eight hundred and in Aug. 1831, 
thirty-two, and on the first Monday of August, every se- J'^j- ^ ^^^"". 
cond year thereafter, an election shall be held for so ma-"^^^ ^^'^^^ ^^'' 
ny representatives to congress, as this state shall be en- 
titled to at that time. 

Sec. 27. Nothing in this act shall be so construed as p, 
to authorize the clerks of the county commissioners' powereTto'i^- 
courts to reject the whole, or any part of the votes taken ject votes, 
at any poll in pursuance of law. 

Sec. 28. There shall be allowed out of the county 
treasury of each county to the several judsres and clerks 
23* 



256 



ELECTIONS, 



Compensation 
to clerks and 
judges. 



Electors of pre- 
sident, &c. not 
attending to 
vote, vacancy 
be filled. 



Proviso. 



Acts repealed 



Ptoviso. 



Elections by 
the general 
assemblv. 



of election, sucli compensation, not exceeding one dollar 
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 stationery such clerk may furnish for the purposes of 
the election. 

Sec. 29. In case any person, declared duly elected 
an elector of president and vice-president of the United 
States, shall fail to attend at the state-house, at the seat 
of government of this state, at or before the hour of 12 
o'clock at noon, of the day on which his vote is required 
to be given, it shall be the duty 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, 
chosen 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 appointed 
to fill such vacancy, shall not act as elector of president 
and vice-president. 

Sec. 30. The act entitled an act regulating elections, 
approved, March 1, 1819; and the act to provide for a 
new election in case of vacancy in the ofiice of gover- 
nor, 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 entitled an act supplemen- 
tary to the act regulating elections, approved,. January 
17, 1825, are hereby severally repealed. Provided ^Thnt 
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, appro- 
ved, December 30, 1826; but the elections of justice of 
the peace and constables shall, in all respects, not con- 
flicting with the provisions of the last recited act, be con- 
ducted according to the provisions of this act; nor shall 
any thing in this act contained, be so construed as to in- 
terfere with the provisions of an act concerning sheriffs 
and coroners, approved, February 12, 1827. 

Sec. 31. In all elections by the general assembly, or 
by either house thereof, (elections of justices of the su- 
preme court, and judges of inferior courts excepted,) the 
members shall vote viva zoce, and their votes shall be en- 
tered upon the journals. Elections by joint vote of the 
two houses shall be made in the hall of the house of rep- 



^Lections, , 257 

resentatives, at such tlrne as. shall have been previously 
appointed by joint resolution of the two houses ; and at all 
such joint meeti'^igs the speaker of the house of represen- 
tatives shall preside. Elections of justices of the su- 
preme 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 ma- 
jority of all the votes given, blank votes included. 
This act to take effect on the first day of June next. 

Approved, Jan. 10, 1829c 



AK ACT to amend an act^ entitled^ "An Act to regulate j^ force Feb. 
Elections,''' 28,1833. 

Sec. 1. Be it enacted by the people of the state of Illinois^ 
represented in the General Assembly^ That when any can- 
didate shall desire to contest the validity of any election, Candidates de- 
or the right of any person declared duly elected, to hold ^"^"» !?^°^^^^^ 
and exercise the office of sheriff, coroner, county com- an election shall 
missioner, justice of the peace, or constable, such candi- give notice of 
date shall give notice of his intention, in writing, to the ^"^^ intention. 
person whose election he intends to contest, or leave a 
notice thereof at his usual place of residence, within 
thirty days after the day of election, expressing the 
points on which the same will be contested, the name of 
one of the justices of the peace, who will attend at the 
trial of such contes-t, the time, and the place, when and 
where the said trial will be holden; which time shall not Mode of con- 
exceed sixty days from the day of election. And the testing the 
person whose election is contested, shall, within five days 
after receiving said notice, select another justice of the 
peace, to attend said trial : Provided^ however^ That should 
the party w^hose election is contested, refuse or neglect 
to select a justice as aforesaid, the justice chosen by the 
person contesting the election as aforesaid, shall make 
such selection, and the two justices so selected or chosen, 
shall make choice of a third justice; and if they cannot 
agree upon a third justice to act with them, they shall 
make such selection by lot; and the three justices thus 
selected, or either of them, shall have power, and they 
are hereby authorized and required, to issue subpenas 
and such other process as may be necessary to secure 



2Sa INCLOSURES. 

the attendance at such trial of all persons whose testi- 
mony nniaj be required bj either party, in the same man- 
ner as is provided in other cases of proceedings before 
justices of the peace. 
. . Sec. 2. The said justices shall meet at the time and 

chosen aThl^he P^^ce appointed for the trial of said contest as aforesaid, 
preceding sec- and after hearing and examining the evidence offered 
^o"^ "required, by both of the parties, they shall decide which of the 
satd election. ^^^^ candidates shall have been duly elected, and certify 
the same to the clerk of the county commissioners' court of 
the proper county, who shall thereupon make out and 
deliver to the successful party a certificate of his election. 
Shall give judg- ^^^' ^' '^^^ Said justices shall enter judgment against 
raent for costs the unsuccessful party for all the costs of such contest. 
against the un. Either party may appeal from the decision of said justi- 
Appeais allow- ^^^^^ *^ ^^^ circuit court as in other caises; and the de- 
ed, cision of the circuit court shall be final. 

Sec. 4. The twenty-second section of the act to which 

Parts of acts this is an amendment, and the eighth section of an act 

repealed. ^o provide for the election of justices of the peace and 

constables, approved, December 30, 1826, are hereby 

repealed. 

Approved, February 28, 1833. 



INCLOSURES. 



o9 ^^?^o^^^' ^*^^ *^ ^^ ^^ regulate the enclosing and cultivating of com-- 
^^' ^®^^- mon fields. 

Sec 1. Be it enacted hy the people of the state of Illinois^ 
represented in the General Assembly^ and it is hereby enacted 
by the authority of the same, That those who are or shall 
be proprietors or owners of land, in any field that is now 
occupied, used, and declared, or that shall hereafter be 
occupied, used, or declared to be a common field, may 
meet together, by themselves or agents, annually, 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 regulations as to 
them shall seem meet for the well ordering 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 proprietors; in 
which meeting the proprietors of such field, shall have 
full power by their major vote, to be computed by inter- 



INCLOSURES. ^ 259 

est, to order all such aflfairs and make such regulations, 
as thej shall deem proper and expedient for the purpose : 
aforesaid: Provided^ always^ That any person, who is a • 
proprietor in any common field, may at any time hereaf- 
ter, separate his, her, or their land, from such common 
field, by fencing the same, subject only to making and 
keeping in repair fences in like manner as persons hav- 
ing inclosures adjoining to the common fields, as by this 
law directed. 

Sec. 2. That better to enable them to carry on and 
manage the affairs of such field, they are hereby author- 
ized and empowered to elect a chairman, clerk, and trea- 
surer, 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 pro- 
prietors relating to the management of the said com- 
mon fields; and shall continue in his office until another 
shall be chosen and qualified to serve in his room; and 
that the election of 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 three per- 
sons, which 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 of 
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 he, and to the agents, if any, 
of non-resident proprietors, ten days previous to the time 
of such meeting, or by warning such proprietors 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- 
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 of, or 
altering the fence of such fields, in making gates and 
bridges, or for any other public or common charge, rela- 
ting to such fields; and to appoint assessors and collectors 
for the making, apportioning, and collecting such taxes; 
which collectors shall have the same power and author- 
ity, in every respect, as the ccllectors of county taxes; 
which taxes, when collected, shall be paid into the hands 
of the treasurer, and shall be appropriated, by a majoi:- 
ity of the proprietors for the common benefit. 



260 mCLOSURES. 

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 

every proprietor in such common field shall duly erect 
and maintain his, her, or their proportion in such com- 
mon fence, according to the directions of such commit- 
tee: Provided, such committee shall attend all orders, 
and comply with all regulations of the major part of the 
proprietors of such common field, for the improvement 
thereof, for the common benefit, under the penalties of 
such fines and forfeitures as shall be lawfully annexed to 
the breach or neglect of such orders or regulations. 

Sec. 6. That any person or persons having his, her, or 
their part or proportion of common fence designated by 
the said field committee, shall have liberty, in order to 
make or repair the same, of passing over any person's lot 
or land whatsoever, whenever it shall be necessary, for 
the purpose aforesaid; and when it shall so happen that 
the line of fence, ordered as aforesaid, for the inclosing, 
or securing any common field, shall run in upon, or inter- 
sect the fence of any person making a particular inclo- 
sure adjoining the common field, the one half of the divi- 
sion fence between such particular inclosure, and the 
common field as aforesaid, shall be miade and maintained 
by the proprietors of such common field, and the other 
half by the owner of such particular inclosure; and if 
any person or persons, whose land shall adjoin any such 
common field, shall neglect to keep in repair, and main- 
tain his, her, or their part of such fence, after being 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 delinquent; which expense, after 
being estimated by two reputable freeholders of the town 
or village wherein such fields are situated, may be re- 
covered by action of debt, before any court having com- 
petent jurisdiction, together with costs. 

Sec. 7. That if any 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, such person 
or persons shall be liable to pay all damages that may 
accrue to the proprietors, or to any of them, of such 
common fields, to be recovered in any action of damages, 
before any court having competent jurisdiction. 

Sec. 8. That all accounts for any services rendered 
any person actir^ under the appointment of, or by the 
direction of the major part of the proprietors of conmion 
fields, shall be paid out of the common treasury of such 



INCLOSURES. 2G1 

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 commit- 
tee; and that all orders on the treasurej" shall be signed 
by the chairman, and attested by the clerk; and the col- 
lectors 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 duplicate re- 
ceipts for all moneys paid by him, on orders on the treas- 
ury, one of which receipts shall be holden by the treasu- 
rer, and the other lodged with the clerk* 

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

Sec. 10. That the said common field shall be inclosed 
with a good and sufiicient 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 there- 
in, between the first day of May and the fifteenth day of 
November, in each and every year, or on such other day 
and time as the proprietors may agree upon, under the 
pepalty of paying such fines as shall be ordered by the 
said proprietors, in lawful meeting assembled. 

Approved, February 23, 1819. 



AiN' ACT regulating Inclosures. In force Feb. 

20, 1819. 

Sec. 1. Be it enacted b^. the people of the state of Illinois, 
represented in the General Assembly, and it is hereby enacted 
by the the authority of the same, That all fields and grounds Enclosures how 
kept for inclosures, shall be well inclosed with a fence, regulated. 



262 INCLOSURES. 

Composed of sufficient posts and rails, posts and palings^ 
palisadoes, or rails alone, laid up in the manner called a 
worm fence, which posts shall be deep set and strongly 
fastened in the earth; and all fences composed of posts 
and rails, posts and palings, or palisadoes, shall be at 
least five feet in height; and all fences composed of rails, 
in manner which is commonly denominated a worm fence, 
shall be at least five feet six inches in height, the up- 
permost rail of each and every pannel thereof supported 
by strong stakes, strongly set and fastened in the earth, so 
as to compose what is commonly called staking and rider- 
ing, otherwise the uppermost rail of every pannel of such 
worm fence shall be braced with two strong rails, poles, 
or stakes, locking each corner or angle thereof, and in all 
cases wherein any fence is composed of any of the fore- 
going materials, the apertures between any of the rails, 
palings, or palisadoes, within two feet of the surface of 
the earth, shall not be more than four inches, and from 
the distance of two feet from the earth, until the height 
of three feet six inches from the surface thereof, the ap- 
pertures between such rails, palings, or palisadoes, shall 
not be more than six inches; and that in all worm fences, 
the worm of the same shall be at least one third of the 
length of the rails which compose the respective pannels 
thereof. 
Cattle breaking Sec. 2. If any horse, mare, gelding, colt, mule, or ass, 
the same. sheep, lamb, goat, kid, or cattle, shall break into any per- 
son's inclosures, the fence being of the aforesaid height 
and strength, or if any hog, shoat, or pig, shall break 
into any person's inclosure, the fence being of the afore- 
said height and sufficiency, and by the view of two per- 
sons for that purpose appointed by the county commis- 
sioners, found and approved to be such, then the owner 
of such creature or creatures shall be liable to make good 
all damages to the owner of inclosure; for the first offence, 
single damages only; ever afterwards, double the dama- 
ges sustained. 

Sec. 3. For the better ascertaining and regulating of 
. . partition fences, it is hereby directed, that when any 

Farution ^ncec j^^j^j^l^^j.^ shall improve lands adjacent to each other, or 
when any person shall inclose any land adjoining to an- 
other's land already fenced, so that any part of the first 
person's fence becomes the partition fence between them, 
in both these cases the charge of such division fence, (so 
far as inclosed on both sides,) shaH be equally borne and 
maintained by both parties to which, and other ends in 
this law mentioned, the county commissioners, yearly, 
and every year m the term next after the month of Jan- 



ENCLOSURES. ' 263 

uary, shall nominate, and are hereby required to nomi- 
nate and appoint three honest, able men, for each town- 
ship, who being duly sworn to the faithful discharge of 
the duties of their appointment, shall proceed, at the re- 
quest of any person or persons feeling him or themselves 
aggrieved, to view all such fence and fences, about which 
any difference may haj>pen or arise; and the aforesaid 
persons, or any two of them, in each township respec- 
tively, shall be the sole judges of the charge to be 
borne by the delinquent, or by both or either party, and 
of the sufliciency of all fences, whether partition fences 
or others; and when they shall judge any fence to be in- 
sufficient, they shall give notice thereof to the owners or 
possessors, and if any one of the owners or possessors, 
upon request of the other, and due notice given by the said 
viewers, shall refuse or neglect to make or repair the 
said fence or fences, or to pay the moiety of the charges 
of any fence before made, being the division or common 
fence, within twenty days after notice given, then, upon 
proof thereof before two justices of the peace of the 
respective county, it shall be lawful for the said justices 
to order the person aggrieved and suffering thereby, to 
make or repair the said fence or fences, who shall be re- 
imbursed his costs and charges from the person so refu- 
sing or neglecting to make or repair the partition fence 
or fences aforesaid, or to order the delinquent to pay the 
moiety of the charge of the fence before made, being a 
division or common fence, as the case may be; and if 
the delinquent shall neglect or refuse to pay the party 
injured the moiety of the charge of any fence before 
made, or to reimburse the costs and charges of making 
or repairing the said fence or fences, under the order 
aforesaid, then the same shall be leried upon the delin- 
quent's goods and chattels, under warrant from a justice 
of the peace, by distress and sale thereof, the overplus, If 
any, to be returned to the said delinquent: Provided^ 
That nothing herein contained shall be intended to pre- 
vent or debar any person or persons from inclosing his 
or their grounds, in manner they please, with sufficient 
walls or fences of timber, other than those heretofore 
mentioned, or by dikes, hedges, and ditches, all such 
walls and fences to be in height at least five feet from the 
ground; and all dikes to be at least three feet in height 
from the bottom of the ditch, and planted and set with 
thorn, and other quickset, so that such inclosures shall 
fully answer and secure the several purposes meant to be 
answered and secured by this law: Provided, also^ That 
such walls or fences of timber, other than those hereto- 
24 



264 



ESCHEATS. 



fore mentioned, and dykes, hedges, and ditches, shall be 
subject to all provisions, inspections, and restrictions, to 
which, by this law, any other inclosure or fence is made 
liable according to the true intent and meaning hereof. 

Approved, Feb. 20, 1819. 



ESCHEATS. 



escheats. 



In force March -^^ ACT regulating Escheats, 

1, 1833. 

Sec. 1. Be it enacted by the people of the state of Illinois^ 
represented in the General Assembly^ That if any person 
shall die seized of any real or personal estate, without 
Persons dying any devise thereof, and having no heirs or representa- 
wiihout heirs, ^.^^^g capable of inheriting the same, or the devisees 
thereof be incapable of holding the same, and in all 
cases where there is no owner of real estate capable of 
holding the same, such estate shall escheat to, and vest 
in the state. 

Sec. 2. That when the attorney general or any state's 
Duty of attor- attorney shall be informed, or have reason to believe 
ney general or ^\^^^ ^^j j.^^} estate within his district, hath escheated to 
in 1-elation to' ^^^^ statc, by rcason that any person hath died seized 
thereof, without devising the same, and leaving no heir 
capable of inheriting the same, or by reason of the inca- 
pacity of the devisee to hold the same, and such estate 
shall not have been sold according to law within five 
years after the death of the person last seized, for the 
payment of the debts of the deceased, or when he shall 
be informed, or has cause to believe that any such estate 
within his district, hath otherwise escheated to the state, 
it shall be his duty to file on information in behalf of the 
state, in the circuit court of the county in which such 
estate is situate, setting forth a description of the estate, 
the name of the person last lawfully seized, the names of 
the terre-tenants and persons claiming such estate, if 
known, and the facts and circumstances, in consequence 
of which such estate is claimed to have escheated, and 
alledging that by reason thereof, the state of Illinois 
hath right by law to such estate: Whereupon such court 
shall award and issue a scire facias against such person or 
persons, bodies politic or corporate, as shall be alledged 
in such information, to hold, possess, or claim such estate, 
requiring them to appear and shew cause why such 
estate should not be vested in the state, at the next term 



Shall file in- 
formation. 



Court shall 
issue scire 
facias. 



ESCHEATS. • S65 

bf such court, which scire facias shall be served at least 
fifteen days before the return day thereof; and the court 
shall, moreover, make an order, setting forth briefly the 
contents of such information, and requiring all persons 
interested in the estate, to appear and shew cause, if any 
they have, at the next term of the said court, why the 
same should not be vested in the state : which order shall 
be published for six weeks successively, in some newspa- 
per printed in this state, and in or nearest to the county 
in which such proceeding is had; the last insertion to be 
at least two weeks before the commencement of the 
term at which the parties are required to appear. 

Sec. 3. That all persons, bodies politic, and corporate Persons named 
named in such information as terre-tenants, or claimants in such infor- 
to the estate, may appear and plead to such proceedings, ^^^^^^^"^'^^^^^P' 
and may traverse or deny the facts stated in the informa- 
tion, the title of the state to the lands and tenements 
therein mentioned, at any time, on or before the third 
day of the return of such.' scire facias^ and any other per- 
son claiming an interest in such estate, may appear and 
be made a defendant, and plead as aforesaid, by motion 
for that purpose, in open court, within the time allowed 
for pleading as aforesaid; and if no person shall appear 
and plead, or appearing shall refuse to plead within the if no person 
time, then judgment shall be rendered, that the state be shall appear. 
seized^ of the lands and tenements in such information 
claimed, but if any person shall appear, and deny the 
title set up by the state, or travers any material facts in 
the information, an issue or issues shall be made up and 
tried, as other issues of fact, and a survey may be order- 
ed and entered as in other actions, where the title or 
boundary of lands are drawn in question; and if, after 
the issues are tried, it shall appear from the facts found 
or admitted that the state hath good title to the lands 
and tenements in the information mentioned, or any part 
thereof, judgment shall be render:.^, that the state be 
seized thereof, and recover cost of suit against the de- 
fendant. 

Sec. 4. That when any judgment shall be rendered, j^^^^ 
that the state be seized of any land, tenements, or here- shall 
ditaments, such judgment shall contain a certain descrip- ^"^^ ^^^^"P* 
tion of such estate, and shall be effectual for vesting the ^^d^shaii vl. 
title in the state; and a writ shall be issued, directed to the title m the 
the sheriff of the ^ame county, commanding him to seize ^^^^^• 
and take the lands, tenements, and hereditaments so vest- 
ed in the state, into his hands, and upon the return of 
such writ of seizure, the attorney general, or state's at- 
torney prosecuting such information, shall cause the re- 



ment 
contain a 
ion 
estate 
est 



26G ESCHEATS. 

cord and process to be exemplified under the seal of the 
court, and deposit the same in the office of the auditor of 
public accounts, and shall also cause a transcript of the 
judgment to be recorded in the office of the recorder of 
the county in which the land lies; and such judgment 
shall preclude all parties and privies thereto, tFieir heirs 
and assigns, so long as such judgment shall remain in 
force. 

^EC, 5. That any party who shall hare appeared to any 
whuofmor. Proceeding as aforesaid"! and the attorney general or 
state's attorney, on behalf of the state, shall respectively 
have the same right to prosecute an appeal, or writ of 
error upon any judgment as aforesaid, £is parties in other 
cases. 

Sec G. That the auditor of pubhc accounts shall keep 
Auditor shall ju=t and true accounts of all moneys paid into the trea- 
keepanac- gyj^- ^nd of all lands rested in the state as aforesaid: 
count ol mo- j*/* in -i- r i 

neyg paid into ^^^ " '^iij person shall appear \vithin ten years alter the 
the treasury, death of th^ intestate, and claim any money paid into 
^^^^J^^^^the treasury as aforesaid, as heir or legal representative, 
jtate, such person may file a petition to the circuit court, as a 

court of chancery for the county in which the seat of 
government may be, stating the nature of his claim, and 
praying such money may be paid to him, a copy of which 
petition shall be sened upon the attorney, who shaU put 
in an answer to the same, and the court shall thereupon 
^ examine the said claim, and the allegations and proofs, 
and if they shall find that such person is entitled to any 
money paid into the treasury, such court shall, by an or- 
der, direct the auditor of pubhc accounts to issue his 
warrant on the treasurer for the payment of the same, 
but ^Aithout interest or costs; a copy of which order, un- 
der the seal of the court, shall be a sufficient voucher for 
Ptibor.- claim- the issuing such warrant. And if any person shall ap- 
mg Ian 6 p^^j. j^j^^j claim any lands rested in the state, as aforesaid, 

wiinui live *-,i.-£ *^/- ^1-1 , 1 ,. 

years after witfiin live years alter the judgment was rendered, it 
jv'igmtiit. shall be lawful for such person (other than such as were 
served with a scire facias: or appeared to the proceeding 
their heirs or assigns,) to file his petition in the circuit 
court, (as a court of chancery,) of the county in which 
the lands claimed lie, setting forth the nature of his 
claim, and prating that the said lands may be relinquish- 
ed to him, a copy of which petition shaU be sened on 
the attorney general, or state's attorney of the district, 
who shall put in an answer, and the court thereupon 
[shall] examine such claim, and the allegations and 
proof:;; and if it shall appear that such person is entitled 
to the lands claimed, the court shall decree accordingly, 



ESTRAYS. 267 

which shall be effectual for divesting the interest of the 
state in or to the lands; but no costs shall be adjudged 
against the state; and all persons who shall fail to ap- 
pear and file their petitions within the times limited 
aforesaid, shall be forever barred; saving however to in- 
fants, married women, and persons of unsound mind, or 
persons beyond the limits of the United States, the right persons under 
to appear and file their petitions as aforesaid, at any disabiliues. 
time within five years, after their respective disabilities 
are removed: Provided^ however^ that the general assem- 
bly may cause such lands to be sold at any time after 
seizure, in such manner as may be provided by law. In 
which case the claimants shall be entitled to the pro- 
ceeds in lieu of the land, upon obtaining a decree or or- 
der as aforesaid. 

Approved, March 1, 1833, 



ESTRAYS. 



AJS' ACT concerning water crafts found adrift^ ^ost goods, i^fQ^^e June 
and estray animals, 1, 1827. 

Sec. 1. Be it enacted by the people of the state of Illinois, 
represented in the General Assembly, That if any person Duty of persons 
or persons shall hereafter stop or take up any keel or flat ^^^^s **P ^■^- 
boat, ferry flat, batteau, perogue, canoe, or other vessel, ^^^^^^ ^'' 
or water craft found adrift on any water course within the 
limits, or upon the borders of this state, and the same 
shall be of the value of five dollars or upwards, including 
her cargo, tackle, rigging, and other appendages, it shall 
be the duty of such person or persons, within five days 
thereafter, (provided the same shall not have been pre- 
viously proven and restored to the owner,) to go before 
some justice of the peace of the proper county, and make 
affidavit in writing, setting forth the exact description of 
such vessel or craft, when and where the same was found, 
whether any, and if so, what cargo, tackle, rigging, or 
other appendage was found on board, or attached there- 
to, and that the same has not been altered or defaced, 
either in the whole or in part, since the taking up, either 
by him, her, or them, or by any other person or persons, to 
his, her, or their knowledge; and the said justice shall 
thereupon i^sue his warrant, directed to some constable 
of his township, commanding him forthwith to summon 
three respectable house-holders of the neighborhood, if 
24* 



268 ESTRAYS. 

they cannot otherwise be had, whose dilty It shall he io 
proceed without delay to examine and appraise such boat 
or vessel, her cargo, tackle, rigging, and all other appen- 
dages as aforesaid, and to make report thereof, under 
their hands and seals, to the justice issuing such warrant 
as aforesaid, who shall enter the same, together with the 
affidavit of the taker up, at large in his estray book: and 
it shall be the further duty of such justice, within ten 
days after the said proceedings shall have been entered 
on his estray book as aforesaid, to transmit a certified 
copy thereof to the clerk of the county commissioners' 
court of the proper county, to be by him recorded in his 
estray book, and file the same in his office. 
Eoats, &c. Sec. 2. In all cases Avhere the appraisement of any 

ro^bra^^'^rais^d^^^^^ ^^^* ^^ vcssel, including her cargo, tackle, rigging, 
and advertised. ^^^ Other appendages as aforesaid, shall not exceed the 
sum of twenty dollars, the taker up shall advertise the 
same on the door of the court house, and in three other of 
the most public places in the county, within ten days af- 
ter the justice's said certificate shall have been entered 
on the records of the county commissioners' court, and if 
no person shall appear to claim and prove such boat or 
vessel, within six months from the time of the taking up 
as aforesaid, the property in the same shall vest in the 
taker up: but if the value thereof shall exceed the sum 
of twenty dollars, it shall be the duty of the cledc of the 
county commissioners' court, within tv/enty days from the 
time of the reception of the justice's said certificate, at 
his office, to cause an advertisement to be set up on the 
door of the court house, and at three other of the most 
public places in the county, and also a notice thereof to 
be pubhshed for three weeks successively, in some public 
. ,.<. , newspaper printed in this state: and if the said boat or 

And if not fi i '.,. . , ^ 

claimed how vessel be not claimed and proven witnm ninety days alter 
to proceed. the advertisment of the same, as aforesaid, it shall be the 
duty of the taker up to deliver the same to the sheriff of 
the county wherein such boat or vessel may have been so 
taken up, who shall thereupon proceed to sell the same 
at public auction, to tlie highest bidder, for ready money, 
having first given fifteen days' notice of the time and 
place of sale; and the proceeds of all such sales, after 
deducting the costs, and other necessary expenses, shall 
be paid into the county treasury. 

Sec. 3. If any person or persons shall hereafter find 

monev'^'find^cr ^^^y ^^^t goods, money, bank notes, or otiier choses in ac- 

iiow to proceed, tion, of any description whatever, of the value of five 

dollars and upwards, it shall be the duty of such person 

or persons to inform the owner thereof, if known, and to 



ESTRAYS. ♦ 869 

make restitution of the same, without any compensation 
whatever, except the same he voluntarilj given on the 
part o{ the owner; hut if the owner be unknown, such 
person or persons shall, within five days after such find- 
ing as aforesaid, take such goods, money, bank notes, or 
other choses in action, before some justice of the peace 
of the proper county, and make affidavit of the descrip- 
tion thereof, the time and place, when and where the 
same was found, that no alteration had been made in the 
appearance thereof since the finding of the same; where- 
upon the justice shall enter a description of the property 
thus found, and the value thereof, as near as he can as- 
certain, in his estray book, together with the affidavit of 
the finder, to be taken as aforesaid; and shall also within 
ten days after the said proceedings shall have been en- 
tered on his estray book as aforesaid, transmit to the 
clerk of the county commissioners' court a certified copy 
thereof, to be by him recoi-ded in his estray book, and to 
file the same in his office. 

Sec. 4. In all cases where such lost goods, money, bank Where the 
notes, or other choses in action, shall not exceed the sum amount does 
of fifteen dollars in value, it shall be the duty of the find- ^"^'g';^''^^'^ 
er to advertise the same on the door of the court house, 
and in three other of the most public places in the coun- 
ty, and if no person shall appear to claim and prove such 
money, goods, bank notes, or other choses in action, with- 
in twelve months from the time of such advertisement, 
the right to such property, where the same shall consist 
in goods, money, or bank notes, shall be vested in the 
finder: but if the va,lue thereof shall exceed the sum of 
fifteen dollars, it shall be the duty of the clerk of the ^^^^^^ ^^ 
county commissioners' court, within twenty days from the ceeds^SlS^" 
time of the reception of the justice's said certificate, at 
his office, to cause an advertisement to be set up on the 
court house door, and in three other of the most public 
places in the county, and also a notice thereof to be pub- 
lished for three weeks successively in some public news- 
paper printed in this state ; and if the said goods, money, 
bank notes, or other choses in action, be not reclaimed 
within six months after the advertisement thereof, as 
aforesaid, it shall be the duty of the finder, if the proper- 
ty shall consist in money or bank notes, to deliver the 
same to the county treasurer, after deducting the neces- 
sary expenses hereinafter provided for: if in bonds, bills, 
notes of hand, patents, deeds of conveyance, articles of 
apprenticeship, mortgages, or other instruments of value, 
the same shall be delivered to the clerk of the county 
commissioners' court, to be preserved in his office for the 



270 ESTRAYS. 

benefit of the owner, whenever legal application shall be 
made there for; if in goods, wares, or merchandise, the 
same shall be delivered to the sheriff of the county, who 
shall thereupon, proceed to sell the same at public auction 
to the highest bidder, for ready money, having first given 
ten days' notice of the time and place of such sale; and the 
proceeds of all such sales, after deducting the costs and 
other expenses, shall be paid into the county treasury. 
Sec. 5. In all cases where any vessel or water crafi; 
a^o^nt^^un- ^^^^^ ^^ taken up, or any goods, money, or bank notes, 
der $15. shall be found as aforesaid, which shall be of a value less 

than five dollars, it shall be his duty to advertise the same 
by setting up three advertisements in the most public 
places in the neighborhood; but in such case, the taker 
up or finder shall be required to keep and preserve the 
same, in his or her possession, and shall make restitution 
thereof to the owner without fee or reward, except the 
same be given voluntarily, whenever legal application 
shall be made for the same: Provided^ It be done within 
three months from the time of such taking up or finding; 
but if no owner shall appear to reclaim such property, 
within the time aforesaid, the exclusive right to the same 
shall be vested in the finder or taker up. 
Estiay anl- Sec. 6. Every person, being a householder, who shall 

raais, the taker ^^^^ ^p ^^y stray horse, gelding, mare, colt, mule, or ass, 
ceedT ° ^'^°" shall, within five days thereafter, take the same before 
some justice of the peace of the county wherein such 
stray shall have been taken up, (provided the same shall 
not have been previously proved by the proper owner or 
owners, and a tender made for the compensation herein 
provided for,) and make oath before such justice that the 
same was taken up at his or her plantation, or place of 
residence, in said county, or otherwise, as the case may 
be, and that the marks or brands have not been altered 
by him or her, or any other person or persons, to his or 
her knowledge, either before or since the taking up, the 
justice shall then issue his warrant, directed to a consta- 
ble of his township, commanding him to summon three 
disinterested householders of the neighborhood, unless 
they can otherwise be had, to appraise suchestray; and 
after they, or any two of them, have been sworn to ap- 
praise such estray, without partiality, favor, or affection, 
they shall forthwith proceed to appraise the same, and 
shall immediately make report thereof in writing, under 
their hands and seals, to the said justice, iil which they 
sliall be required to set forth a description of the marks^ 
natural and accidental, brands, stature, color, and age of 
such horse, gelding, mare, colt, mule, or ass, and the said 



ESTRAYS. ♦ 271 

justice shall thereupon enter the same in his estray book, 
and transmit a certified copy thereof, under his hand and 
seal, together with the original return of the appraisers, 
to the clerk of the county commissioners' court of said 
county, within ten days thereafter, who shall enter the 
same in his estray book, and file the aforesaid transcript 
and report of the appraisers in his office ; and the said clerk 
shall, within twenty days from the time of the reception 
of the justice's said transcript, as aforesaid, cause an ad- 
vertisement thereof to be set up on the door of the court 
house, and at three other of the most public places in the 
county, and also a notice to be published for three weeks 
successively in some public newspaper printed in this 
state: Provided, That the newspaper publication maybe 
dispensed with in all cases where the value of such estray 
shall not exceed the sum of fifteen dollars. 

Sec. 7. Any person, being a householder, who shall When neat 
take up any head of neat cattle, sheep, goat, or hog, shall, cattle, &c. 
within five days thereafter, cause the same to be adver- 
tised in three different places in the neighborhood, or 
township, and shall also within ten days thereafter, un- 
less such stray or strays shall have been previously re- 
claimed by the owner, go before some justice of the peace 
of the proper county, and make oath, as is required in 
the taking up of an estray horse, whereupon such justice 
shall take from such taker up, upon oath, a particular 
description of the marks, brands, color, and age of such 
neat cattle, sheep, goat, or hog, and said justice shall al^o 
cause such estray or estrays, last mentioned as aforesaid, 
to be appraised in like manner as is required to be done 
in the case of an estray horse, after which the same en- 
tries and proceedings shall be made, as is required in the 
sixth section, except that it shall not be necessary to 
make publication in a newspaper, where the valuation of 
the property shall not exceed the sum of fifteen dollars: 
Provided, That if two or more estrays of the same species 
are taken up by the same person, at the same time, they 
shall, in all cases, be included in one entry, and in one ad- 
vertisement, and in such case the said justice, clerk, and 
appraisers shall receive no more for their services than 
is allowed in cases where but one of the same species is 
taken up. 

Sec. 8. Any person, being a householder, finding anyjj^ 
stray horse, gelding, mare, colt, mule, or ass, running atatiarge with- 
large, without any of the settlements in this state, may out the settle- 
take up the same, and shall forthwith take such stray or °^®°^' 
strays before the nearest justice of the peace, and make 
oath as directed in the sixth section^ of this act, after 



nz 



fiSTRAYS. 



When lawful 
to take them 
up. 

Rewards for 
taking up. 



which it shall be lawful for such person to post such stray 
or strays in manner and form as is hereinafter directed, 
in cases where estrays are taken up within the settle- 
ments: Provided, that nothing in this act contained shall 
be so construed as to authorize any person to take up, or 
stop, any estray animal, between the first day of May and 
the iirst day of November, unless the same be a work 
beast, and manifestly straying away from the owner. 

Sec. 9. As a reward for the taking up of all boats and 
other vessels, and of estrays, and for the finding of all 
lost goods, money, bank notes, and other choses in action, 
there shall be paid by the owner to the taker up or fin- 
der, before restitution of the property, or proceeds there- 
of shall be made, for every horse, gelding, mare, colt, 
mule, or ass, the sum of one dollar, except where the 
same may have been taken up out of the settlements, in 
which case the taker up shall be allowed the sum of three 
dollars; for each head of neat cattle, fifty cents; for every 
sheep or goat, twenty-five cents, and for every hog above 
six months old, the sum of ten cents. And in all cases where 
goods, money, or bank notes shall be found, the finder 
shall be entitled to ten per cent, upon the value thereof; 
in addition to which said allowances, the owner shall also 
be required to pay to the taker up or finder, all such 
costs and charges as may have been paid by him or her 
to the justice and clerk for their services to be rendered 
as aforesaid, including the costs of publication, together 
with reasonable charges for keeping and taking care of 
such property, which last mentioned charge, in case the 
taker up or finder and the owner cannot agree, shall be 
assessed by two disinterested householders of the neigh- 
borhood, to be appointed by some justice of the peace 
of the proper county, whose decision when made, shall 
be binding and conclusive on all parties; but where the 
animal taken up is suitable for the harness or saddle, no 
charge shall be allowed for keeping the same, but no 
such animal shall be kept out of the county where the 
same shall have been taken up, more than one week at 
any one time. 

Sec. 10. In all cases where any stray horse, gelding, 
mare, colt, mule, or ass, neat cattle, sheep, goat, or hog. 
ho^rtopwcTed'^^^^^^ ^^^ taken up as aforesaid, and no owner shall appty 
' to prove his or her property, within a year after adver- 
tisement shall be made as aforesaid, and when the valua- 
tion shall not exceed the sum of ten dollars, the property 
shall be vested in the taker up; but if the valuation 
thereof shall exceed the sum often dollars and no owner 
appears within the time aforesaid, it shall be the dttty of 



Where no 



ESTRAYS. 273 

the taker up, to deliver the same to the sheriff of the 
countj, who shall thereupon proceed to sell such stray or 
strays at pubhc auction to the highest bidder, for ready 
money, haying first given ten days' notice of the time and 
place" of sale, and the money arising from the sale there- 
of, after deducting the costs and charges paid by the 
taker up, and reasonable expenses for keeping the same, 
together with all other costs and charges which may be 
incident thereto, shall be paid into the county treasury: 
Provided, that the taker up shall, in all cases, have the 
privilege, at the expiration of the year, as aforesaid, to 
pay into the county treasury the appraised value of such 
estray, after deducting the costs and charges aforesaid, 
and by so doing shall acquire an absolute right to the 
property in such estray: And provided further, that the aU 
iowance to be made for keeping such estray or estrays, 
where no owner appears, shall be ascertained by two 
disinterested householders, as is provided in the ninth 
section. 

Sec. 11. The net proceeds of all such sales as may at Net proceeds 
anytime be made by the sheriff in pursuance of this act, to go to the 
and all such money and bank notes as may be paid over ^°""^y- 
to the county treasury, as directed in the tenth section, 
shall remain in the hands of the treasurer in trust for the 
owner, if any such shall apply within one year from the 
time the same shall have been paid over; but if no owner 
shall appear within the time aforesaid, the said money 
shall be considered as forfeited, and the claim of the 
owner thereto forever barred, in which event the money 
shall remain in the treasury, to be appropriated for coun- 
ty purposes. 

Sec. 12. The owner of any such property as aforesaid. The owner to 
vvhich may at any time be taken up, or found as afore- have restitu- 
said, shall have restitution of the same, or the proceeds ^^"* 
thereof, at any time before the same shall have become 
vested in the finder or taker up, or forfeited as aforesaid, 
by making the requisite proof before the clerk of the 
county commissioners' court of the proper county, who , 
shall thereupon grant to him a certificate of such proof 
having been made, with direction to the taker up, finder, 
sheriff, or county treasurer, (as the case may be,) to make 
restitution thereof without delay; upon the production of 
which said certificate, the property or money as afore- 
said, after all proper charges are deducted, shall be forth- 
with delivered or paid over to such claimant. 

Sec. 13. If the taker up of any vessel or water craft, t. vm^^ , 
or stray beast, or the finder of any lost goods, money, makers up. 
bank notes, or other choses in action, shall be faithful in 



874 ESTRAYS. 

taking care of the same, and any unavoidable accident 
should happen thereto, without the fault or neglect of the 
finder or taker up, before the owner shall have an oppor- 
tunity of reclaiming the same, such taker up or finder 
shall not be answerable therefor; Provided^ that in all 
cases of accident as aforesaid, it shall be the duty of the 
taker up or finder, within ten days thereafter, to certify 
the same, under his hand and seal, to the clerk of the 
county commissioners' court, who shall make an entry 
thereof, on his estray book. 

Sec. 14. If any person shall trade, or sell, or carry 
Not to dispose out of the Hmits of this state, any such property as may 
property! ^^ ^* ^^7 *i"^^ ^^ taken up or found as aforesaid, except 
such animals as are suitable for the harness or saddle, as 
named in the ninth section of this act, before he or she 
shah be vested with the right to the same, agreeably to 
the provisions of this act, he or she, so offending, shall for- 
feit and pay double the value thereof, to be recovered by 
any person who will sue for the same, in any court, or be- 
fore any justice of the peace having cognizance thereof, 
fiu^^^°^ by action of debt, or upon the case; one half whereof 
^^ *"^' shall go to the person sueing, and the other half to the 

county. 

Sec. 15. If any person shall take up any boat or ves- 
Penaity for gel, or any stray beast as aforesaid, or shall find any 
whh this^aa!^ goods, money, bank notes, or other choses in action, and 
shall fail to comply with the requisitions of this act, every 
such person so offending, shall forfeit and pay the sum of 
twenty dollars, to be recovered before any justice of the 
peace, by any person who will sue for the same, the one 
half whereof shall be for the use of the person sueing, and 
the other half for the county: Provided, that nothing 
herein contained shall prevent the owner from having 
and maintaining his action against such person, for the 
recovery of any damages, he or she may sustain. 

Sec. 16. It shall be the duty of the taker up of any 
Estray horse to stray horse, gelding, mare, coH, mule, or ass, to cause the 
SiVctJrt houL'. same to be exhibited on the first day of the next term of 
' the circuit court of the county succeeding the time at 
which such stray shall be taken up, from ten o'clock, A. 
M. until four o'clock P. M. of said day, that the owner 
may have an opportunity of reclaiming his property. 
Sec 17 It shall be the duty of each clerk of the coun- 
Duty of clerks. ^^ commissioners' court in this state, to keep an estray 
book, in which he shall register all certificates of strays, 
delivered to him as aforesaid, as well as all other certifi- 
cates as aforesaid, and shall file the same in regular order, 
and it shall be his further duty to make out a fair and 



irSTRAYS. 275 



correct list of all such property as may, at any time, be 
taken up or found as aforesaid, and to affix the same on 
the door of the courthouse, on the first day of each term 
of the circuit court, omitting such as has been proven 
away, or which may have been lost by unavoidable acci- 
dent, under the penalty of five dollars for such neglect 



or omission, 



Sec. 18. The county commissioners' court in each 
county in this state, shalJ cause a pound or stray-pen to be Pounds to 
erected, at or near the court house, within three months erected. 
after the place of erecting the public buildings shall be 
fixed upon, and as often thereafter as may be necessary, 
with a good and sufficient post and rail fence, gate, lock 
and key, wherein all stray horses, geldings, mares, colts, 
miules, and asses, above two years old, taken up within 
the county, shall be exhibited as aforesaid. And the 
county commissioners failing to have such pound or stray- 
pen erected, shall severally forfeit and pay the sum of 
ten dollars for each term of the circuit court, which mav 
be held after the time for building the same shall have 
elapsed, until the same shall be erected; and until such ^ 

pound or stra)-pen is erected, no person taking up any 
stray horse, gelding, mare, colt, mule, or ass, as afore- 
said, shall be liable to any penalty for not exhibiting the 
same. ^ 

Sec. 19 The county commissioners' court in each 
county m this stale, shall employ some fit person to take ^'^^'-^ '^ 
charge of all such pounds or stray-nens as mav from 'fl'^^'^^ 

duTv > T^'^^rrl^' ^^ *^^^^ ---» c^ur^tre^ ;tTe" "^^• 
duty It snail be to take charge thereof, and to keep the 
same in repair; and also to attend, on the several court 
days during the time said estrays are directed to be kept 
herein with the key of the same, and the said commt 
sioners court shall make such reasonable allowance for 

tl Tf^u""' "'^n "^ ^^^ ^^^^P^"g '""'^ P^^^^d or stray- 
pen, as to them sha 1 seem proper, to be paid out of the 
county treasury, in like manner as other bounty charges 
are hquidated and paid ; and any person being e^mp Wed 
and undertaking to take care of aiy such pound or stray- 
pen and faihng in his duty, agreeably to^the dire t ons 
in t.„s act contamed, shall forfeit and pay the sum of ten 
dollars, to be recovered before any justice of thrice 
the one half whereof shall go to thi person suing for the' 
same, and the other half to the county. ^ 

.AU ^^' 1" ^" "^^'^^ "^^^^^ services shall be perform- n.; . . 

ed by any officer, or nthf^r r.^,.o^^ r^^^^^"»- Officer's fees 

act the folInwinJ fl P^'^'''" '"' persons, under this under this act 

toi^t^nC'^ ^' or compensation shall be allowed, 
to wit. to the justice of the peace for administering the 



be 



27G ESTRAYS. 

oath to the taker up, or finder, making an entry thereof, 
with the report of the appraisers, and making and trans- 
mitting a certificate thereof to the clerk of the county 
commissioners' court, fifty cents: to the clerk for taking 
proof of the ownership of the property, and granting a 
certificate of the same, twenty-five cents: for registering 
each certificate transmitted to him by any justice as afore- 
said, twelve and a half cents: for advertisements, inclu- 
ding the newspaper publication, fifty cents, in addition to 
the costs of such publication; to the sheriff, on account 
of all sales made by him, in pursuance of this act, five 
per cent, on the amount. To the constable for each war- 
rant served on appraisers, twenty-five cents; all which 
said costs and charges, with the exception of the justice's 
charge for granting a certificate of the proof of owner- 
ship, and the sheriff's commission, shall be paid by the 
taker up, to the persons entitled thereto, whenever the 
said services shall be performed: Provided^ that in all 
cases where it shall be necessary to make publication 
in a newspaper, the taker up or finder (as the case may 
• be) shall be required to deposit with the clerk of the 

county commissioners' court a sum of money sufficient 
to pay for the same, previous to the publication thereof. 
All which costs and charges shall be reimbursed to the 
taker up or finder, in all cases where restitution of the 
property shall be made to the owner, or the same shall 
be delivered to the sheriff' to be sold, or where money or 
bank notes shall be paid into the county treasury, in ad- 
dition to the reward, to which such person may be enti- 
tled, for such taking up or finding as aforesaid. 

Sec. 21. In all cases of the division of counties, all 
ty i's^dividec'K"^' s^i'^ys? <^^ other property taken up or found as aforesaid, 
shall belong to the county wherein the same may be 
found, and shall be disposed of as other strays or proper- 
ty posted in said county. 

Sec. 22. For the more speedy recovery of estrays and 
Estioy books. Other lost property, it shall and may be lawful at all 
times, for any person interested to search and examine 
the estray book of the clerk of the county commission- 
ers' court, for any information he or she may want in re- 
lation to any property which may at any time have stray- 
ed away, or been lost by any such person as aforesaid; 
foi which said search, the clerk shall be entitled to no 
compensation whatever. 

Sec. 23. If any person shall act contrary to the du- 
c'ases not pro- tics enjoined by this act, for which no penalty is herein 
xided for in before particularly pointed out, the person so offending, 

lliis act. -iiy' . y *■ , f r r •• t r 

shall, on conviction thereof, forfeit and pay lor every 



ESTRAYS. 27T 

such offence, not less than five, nor more than one hun- 
dred dollars, to be sued for, in the name of the county 
commissioners, for the use of the proper county, in any 
court or before any justice of the peace having cogni- 
zance of the same. 

Sec. 24. All acts and parts of acts, contrary to, or 
repugnant to this act, are hereby repealed; but all ofFen- ^^tg repealed. 
ces heretofore committed, and rights accrued, under the 
act hereby repealed, may be prosecuted and enforced as 
though this act had not passed. This act to take effect 
on the first day of June next. 

Approved, January 31, 1827. 



A A'* ACT to amend an act entitled ''An Act concerning Wa- 
ter Crafts^ found adrift^ Lost Goods, and Estray Animals,'''' ^^ ^iS'/^'^' 
approved, January 10, 1827. ' 

Sec. 1. Be it enacted by thz people of the state of Uli- jr 
nois, represented in the General Assembly, That in all casesQf*^p"gj.^y * 
vi^here any estray horse, gelding, mare, colt, mule, or ass, shall be vested 
neat cattle, sheep, goat, or hog, shall be taken up as es- i"^ the taker up. 
trays, and no owner shall apply, to prove his or her pro- 
perty, within one year after advertisement shall be made 
thereof, and when the valuation shall not exceed the sum 
of five dollars, the property shall be vested in the person 
taking up the same; but if the valuation thereof shall 
exceed the sum of five dollars, and no owner appear to 
claim the property within the time aforesaid, it shall beHow the estmy 
the duty of the person taking up the same, to deliver ^^'^y^^*^ s^^^- 
such animal so taken up, to the sheriff* of the county, 
who shall sell such estray or estrays at public auction, to 
the highest bidder, on a credit of nine months, the pur- 
chaser giving bond, with security, to be approved hy^'^^^'^^'^^P^i- 
said sheriff", payable to said sheriff*, or his successor in of-"^^^^^' 
fice, for the use of the county; the sheriff*, previous to 
such sale, having given notice thereof in the manner ^"otice of sale, 
prescribed by the act, to which this is an amendment. 
And if the owner shall appear, and prove his or her pro- 
perty, >vithin one year after the sale thereof, as aforesaid, ^^jj^,^"^"''^ ""^ 
he shall be entitled to the note for which said property 
was sold; but if said note has been paid into the county 
treasury, the county commissioners of such county shall 
order the same to be paid out of the county treasury,^ 
after deducting such fees and compensation as may have '^refeS'a?'^ 
accrued. If the appraisement of any estray or estrays purchaser!"' 



278 ESTRAYS. 

shall exceed five, and does not exceed fifteen dollars, 
the right therein shall be vested in the taker up> by 
his paying into the county treasury the appraised value 
thereof, at the expiration of one year, after the same 
shall be advertised. 
Laws repealed. ^^^* ^' ^^ "^uch of the act, to which this is an amend- 
'ment, as is repugnant to this act, is hereby repealed; but 
any rights accrued under the provisions of that act shall 
not be impaired or atfected hereby. 

Approved, Jan. 22, 1829. 



AJ\'' ACT to amend an Act, entitled, '^An Act concerning 
Water Craft found adrift, Lost Goods, and Estray Ani- 
la force June mals,'''' Approved Jan, 10, 1827. 
1,1831. ' ^^ ' 

Sec. 1. Be it enacted hy the people of the state of Illinois, 
represented in the General Assembly, That any person, be- 

Proceedings in '^^„ ^ householder, who shall take up any head of cattle, 

up estrays. sheep, hog, or goat, shall advertise the same as is now re- 
quired by law, and if no owner appears to claim his, her, 
or their property, within ten days, the taker up shall go 
before some justice of the peace, of the proper county. 

Oath. ^iid make oath, as is required in taking up an estray 

horse; whereupon, such justice shall take from such ta- 
ker up, upon oath, a particular description of the marks, 
brands, color, and age of such estray; then said justice 

Appiaisements ^hall also cause such estray or estrays to be appraised, in 
like manner as is required to be done in the case of an 
estray horse, and if the value does not exceed the sum of 
five dollars, no further proceedings need be had, than for 
the justice to enter the same in his estray book, for which 

Justice's fee. the justice shall be entitled to a fee of twenty-five cents; 
and when so posted and entered, the right, after the ex- 
piration of six months, shall vest absolutely in the taker 
up: ^i^^, he shall be accountable for, and pay to each 
owner, the appraised value of such animal, after deduct- 
ing all lawful charges incident to taking up and posting 
such estray or estrays. And if the appraisement of an 
estray or estrays shall exceed five, and does not exceed 
ten doilars, the right therein shall be vested in the taker 
up, by his paying into the county treasury the appraised 
value thereof, at the expiration of six months, after the 
same shall be advertised. 

Sec. 2. If any person, after having taken up any estray 

Ll'^straTiaNv. animal, shall not deliver such estray to the sherilf, to be 



ESTRAYS. 279 

sold as prescribed by the act to which this is an amend- 
ment, within one year from the time of taking up the 
same, then it shall be lawful for the county commission- 
ers' court of the proper county, to summon such taker up 
to appear before said court, and shew cause why judg- 
ment shall not be entered against him or her: and upon 
hearing and examining the case, the court may proceed 
to enter up a judgment thereon, according to the testi- 
mony adduced, and agreeably to equity and justice: and 
the clerk of said court may issue execution thereon, re- 
turnable as in cases of execution issued by the clerk of 
the circuit court: Provided^ That such judgment shall, in 
no case, exceed the amount at which such estray was ap- 
praised at the time of taking up, with twenty per cent, 
damages thereon. 

Sec. 3. Whenever any estray animal shall be sold by , 

the sheriff, it shall be his duty, within ten days thereaf- in"seiiin<^ es? 
ter, to make return to the clerk of the county commis- trays. 
sioners' court of the description of the estrays, the name 
of the taker up, the name of the purchaser, and the 
amount for which it was sold. 

Sec. 4. No person shall be liable to a fine under the Fines limited. 
provisions of the 15th section of the act to which this is 
an amendment, to a greater amount than the value of 
the property so found, but shall be subjected by this act 
to the payment of all damages sustained by any individ- 
ual, in consequence of his failure to comply with the re- 
quisitions of the act to which this is an amendment, 
recoverable before any court having jurisdiction of the 
same. 

Sec. 5. The act of January 22, 18-29, entitled "An 
act to amend an act, entitled An act concerning water- ^^^^ repealed. 
craft found adrift, lost goods, and estray animals," appro- 
ved January 10, 1827, and so much of the act to which 
this is an amendment, as is repugnant to the provisions 
of this act, are hereby repealed: But^ rights acquired, 
and liabilities incurred, under the act hereby repealed, 
are not affected or impaired by this act. This act shall 
take effect on the first day of June next. 

Approved, Feb. 14, 1831. 



^SO EVIDENCE- 



EVIDENCE. 

h ^?o^ *'^^"* '^^ ^^^^ declaring what shall be Evidence in certain cases. 

kSec. 1. Be it enacted bi/ the people of the state of Illinois, 
represented in the General Assembly, That the printed sta- 

Jafufjrevt ^"^.^ ^^^^^^ ^f *^^^ ^*^*^ ^^^ ^^ *^^ ^^^^ territories of Illi- 
dence. ' "ois and Indiana, printed under the authority of said state 

and territories, shall be evidence in all courts and places 
of the private acts therein contained. 

Sec. 2. The printed statute books of the several states 
Also those of and territories of the United States, purporting to be 
the U.S. printed under the authority of those states and territo- 
ries, shall be evidence in all courts and places, of the le- 
gislative acts of those states and territories respectively. 
Sec. 3. Copies of the proceedings and judgments be- 
Copies of pro- fore justices of the peace, certified by the justice or jus- 
•^^sticef f ^t^^ tices under his or their hands or seals, before whom such 
peace!^° ^ proceeding or judgment is had, shall be received as evi- 
dence of such proceeding or judgment. Where such 
certified copy is to be used as evidence in any county 
other than that in which the justice or justices so certi- 
fying shall reside, the same shall not be received as evi- 
dence, unless a certificate from the clerk of the county 
commissioners' court, (with the seal of the court.) shall: 
be annexed thereto, certifying that on the day on which 
such proceeding was had, or judgment rendered, such . 
justice so granting the same, was a justice of the peace,, 
duly commissioned and sworn. 

Sec. 4. The official certificate of any register or re- 
Official ceitifi- reiver of any land office of the United States, to any 
cates, when fact or matter on record in his office, shall be received in 
evidence. evidence in any court in this state, and shall be compe- 
tent to prove the fact so certified. The certificate of. 
any such register of the- entry or purchase of any tract 
of land within his district, shall be deemed and taken to 
be evidence of title in the party who made such en- 
try or purchase, or his heirs or assigns, and shall enable- 
such parly, his heirs, or assigns, to recover the possession; 
of the land described in such certificate, in any action 
of ejectment or forcible entry and detainer, unless a betr- 
ter legal and paramount title be exhibited for the same. 
Sec. 5. An exemplification by the secretary of this 
state of the laws of the other states and territories, which 
Of secretary j^^^^^ been, or shall hereafter be transmitted by order of. 
the executive or legislatures of such other states or terrL- 



FEES. * 281 

tories, to the governor of this state, and by him deposited 
in the office of said secretary, shall be admissible as evi- 
dence in any court of this state. 

Sec. 6. Every justice of the peace hereafter to be Of commission- 
sworn into office, shall take the oaths required by law, ers' clerk when 
before the clerk of the commissioners' court of the pro-®^*^^"^®* 
per county, who is hereby authorized to administer the 
same, and who shall certify the same upon the commis- 
sion. The said clerk shall keep a book in which he shall 
enter the name of every justice of the peace sworn into 
office by him, together with the date of his commission, 
and the time when he was sworn into office ; resignations 
of the office of justice of the peace shall be made to the 
clerk of the commissioners' court of the proper county, 
who shall immediately enter the date of every such re- 
signation in the book above provided for; which book, or 
a certified copy of an entry in the same, shall be recei- 
ved as evidence in all courts within this state. 

Sec. 7. The act entitled, "An act rendering authentic 
as evidence in the courts of this state, the public acts, 
records, and judicial proceedings of the courts in the 
United States," approved, February 20, 1819; and the act 
entitled "An act relating to evidence in courts of justice," 
approved, January 28, 1823, are hereby repealed. 

Approved, Jan. 10, 1827^ 



FEES. 

JIM ACT regulating the Salaries, Fees, and Compensation 
of the several officers and persons therein mentioned. 

Sec 1. Be it enacted by the people of the state of Illinois, 
represented in the General Assembly, That the salaries, 
fees, and compensation of the several officers and persons 
hereinafter mentioned, are established as follows, to wit: 

SaXARIES, &C. Salaries. 

To the governor, per annum, §1000 

The secretary of state, exclusive of fees, per annum, 600 
The auditor of public accounts, inclusive of clerk 

hire, per annum, 1200 

The state treasurer, inclusive of clerk hire, per 

annum, 800 

The chief justice and each of the eissociate jus- 



382 FEES. 

tices of the supreme court, respectively, per 
annum, 800 

The attorney general, per annum, 350 

Each circuit attorney, per annum, 250 

The adjutant general, per annum, 100 

All of which salaries shall be paid to the per- 
sons entitled thereto, in quarter yearly instal- 
ments, on the warrant of the auditor, out of 
any moneys in the treasury not otherwise 
appropriated. 
meXrs fcc.*"" Sec 2. Compensation of the members of as- 

of the geiieral sembly, tfec. 

assembly. There shall be allowed to the speaker of the 
senate and house of representatives, respec- 
tively, at the present session, per day, $4 
To each member of the senate and house of 
representatives, at the present session, per 
day, 3 
To each speaker and member, in addition for 
every twenty miles' travel in going to, and 
returning from, the place of session, 3 
To the secretary of the senate, and principal 
clerk of the house of representatives, re- 
spectively, per day, 5 
To the enrolling and engrossing clerks of the 
senate and house of representatives, respec- 
tively, per day, 4 
To the door keeper of the senate and house of 

representatives, respectively, per day, 3 

And the said compensation, when due to the 
officers and members of the senate as aforesaid, 
shall be certified by the secretary thereof, with 
the exception of his own compensation, which 
shall be certified by the speaker; and the com- 
pensation that may be due to the officers and 
members of the house of representatives, shall 
be certified by the principal clerk thereof, and 
that of the clerk, by the speaker; which said 
certificates, when made out as aforesaid, shall 
be sufficient evidence to the auditor of each 
person's claim, respectively, who shall issue his 
warrant on the treasury for the amount to 
which such person shall be entitled as afore- 
said, to be paid out of any moneys in the trea- 
sury not otherwise appropriated. 



I'EES. 283 



Incidental Expenses, <&;c. 

Sec. 3. The incidental expenses of the offi- 
ces of the auditor of public accounts, state trea- 
surer, and secretary of state, shall include post- 
age on all public papers sent to or from said 
offices relative to the business thereof, furniture 
for the same, the necessary-fuel, and all such 
books, blanks, and other stationery as shall be 
considered necessary for the convenient trans- 
action of business in said departments respec- 
tively. 

Sec 4. For the purpose of defraying the in- 
cidental expenses aforesaid, it shall be the du- 
ty of said officers respectively, from time to 
time, as said expenses may be incurred, to lay 
proper vouchers for the same before the gover- 
nor, whose duty it shall be, if such accounts shall 
appear to be reasonable, to allow the same, 
and to certify the amount thereof to the audi- 
tor, who shall thereupon be required to issue 
his warrant for the same, to the person entitled 
thereto; to be paid out of any moneys in the 
treasury not otherwise appropriated. 

Secretary of State's Fees. 

Sec. 5. There shall be allowed to the secre- 
tary of state, in addition to his salary, the fol- 
following fees, to wit: 
For copies or exemplification of records, for 

every seventy- two words, 15 

Affixing state seal, with certificate of authen- 
tication, 1 00 
Copy of any law, for every seventy-two words, 15 
Official certificate without seal, when not re- 
quired for public use, 25 
ProTDided, That he shall in no case be entitled 
to any fees whatever, when any services are 
performed for the state, in discharge of the 
duties of bis office. 

Judge op Probate's Fees. 

Taking proof of a last will or testament, 50 

Endorsing certificates of probate thereon, 12* 



^84 FEES. 

Recording last will and testament, for every 

seventy-two words, 15 

Issuing letters testamentary or of administra- 
tion, affixing seal thereto, and recording the 
same, 1 50 

Taking bond of the executor or administrator, 75 

Administering oath to each executor or ad- 
ministrator, 12i 
For each citation, 25 
Taking and fihng renunciation of the widow 

or next of kin, 25 

Taking proof of a codicil, proved separately, 50 

Endorsing certificate of probate on codicil, 12i 

Recording the same, for every seventy-two 

words, 15 

Examining and approving each inventory, sale 
bill, or account current, filed by executors or 
administrators, 50 

Entering the settlement of executors or admin- 
istrators on the order book, 75 
Each copy of the settlement of executors or 

administrators, with certificate and seal, 1 00 

For each decree, limiting the time for exhibit- 
ing the claims of creditors, 25 
For each order of distribution, 50 
For each order on an executor or administra- 
tor to pay out of the estate to creditors, in 
proportion to their debts, 25 
For copies of exemplifications of records, every 

seventy-two words, 15 

Official certificate and seal, 50 

Making out order for publication, 25 

For allowing an appeal to the circuit court, 25 

For issuing each special writ or summons with 
seal, 25 

County Cojoiissioner's Fees. 

Sec. 6. There shall be allowed to each coun- 
ty commissioner, in full for his services, for each 
day's attendance in holding courts, the sum of 
one dollar and fifty cents, to be paid on the cer- 
tificate of the clerk, out of any moneys in the 
treasury of the county, not otherwise appro- 
priated. 



FEES , 285 



Fees op the Clerk of the Supreme Court. 

For each writ of error and seal, with superse- 
deas, 1 00 

For each writ of error and seal, without super- 
sedeas, 75 

For each bond, when not furnished by the par- 

. ty, 50 

Filing each paper, excepting records and pa- 
pers on appeals and writs of error, 6i 

Filing each record and accompanying papers, 
on appeals and writs of error, as returned by 
the inferior courts, 20 

Docketing cause, 12 z 

Entering each rule or order of court, each en- 
try being considered as one order, 25 

Execution and seal, 50 

Entering sherifPs return on any writ or execu- 
tion, 121 

For each subpena and seal, 50 

For each scire facias, mandamus, and other 

special process, for every seventy-two words, 18 

Sealing the same, 25 

Bringing any particular record into court of a 

suit, matter, or thing not before the court, 25 

Copy of a record or other proceedings, for every 

seventy- two words, 15 

Entering judgment or decree, for every seven- 
ty-two words. 18 

Entering each continuance from one term to 

another, 12 1 

Making complete record when directed by the 

party, for every seventy- two words, 15 

For each official certificate and seal, other than 

to the process of the court, 50 

Each official certificate, as aforesaid, without 

seal, 25 

Entering attorney on the roll, administering 

oath, and certifying the same, 1 00 

Making bill of costs for execution, arid entering 

the same in the cost book, 37 i 

Copy of the same when requested by either par- 
ty, 25 

Administering each oath, 12^ 



28a TEES. 



Clerks' Fees in the Circuit Courts. 

For each capias, summons, subpena, and other 
process not herein specified, and seahng the 
same, 50 

Prcmded^ That only one subpena shall be char- 
ged for every four witnesses, unless actually 
made out on request in writing. 
For fihng each paper in the progress of a suit, ^ 

and a'ppertaining to the same, excepting pa- 
pers on appeal from justices of the peace, 6i 
Filing the papers on appeals from justices of the • 
peace, taking appeal bond and issuing injunc- 
tion thereon, 50 
Taking bond for costs, 25 
Filing and opening each deposition, 12 i 
Entering each suit on the docket for trial, 12 d 
Entering each order or rule of court for contin- 
uance, default to plead, or any order actual- 
ly entered in the progress of a suit, and count- 
ing the whole as one entry, 25 
For each discontinuance, retraxit, or non-suit, 25 
For each dedimus or commission to take depo- 
sitions, 50 
Bringing any particular record into court of a 
suit, matter, or thing, not properly before the 
court, 25 
Calling and swearing each jury, 18 J 
Swearing each witness on the trial of a cause, 6i 
Swearing any person to an affidavit, 12 i 
Receiving and entering the verdict of a jury, 12 i 
Entering each decree or final judgment in a 

cause, 25 

Issuing each WTit of habeas corpus^ certiorari^ or 

procedendo, 50 

Assessing the damages on any bond, note, or 
other instrument for the payment of money, 
by order of the court, and making a report 
thereof in writing, 25 

Entering special bail on record, in each case, 25 

Making a list of jurors when requested, 12i 

Swearing constable to take charge of a jury, 6i 

Issuing execution, 50 

Docketing the same, 12 i 

Entering sherifi's return on each execution, 12 i 

Entering satisfaction of judgment, 25 



FEES. 287 

Entering the report of commissioners or refer- 
ees, or the award of arbitrators, and all other 
special entries, for every seventy-two w-ords, 1*2 h 

For each official certificate and seal, other than 

the process of the court, 50 

Taking bond in cases of foreign or domestic at- 
tachment, 50 

Taking injunction bond in chancery^ 50 

Taking bond in cases of appeal to the supreme 

court, 50 

Entering appearance of attorney but once in 

each suit, 12 ^ 

Entering plaintifi's or defendant's appearance, 

but once in each cause, 12i 

For each attachment for a witness, or other 

person, 50 

For each venire facias^ or a jury warrant, when 

actually issued, 37 i 

Making bill of costs for each execution, and en- 
tering the same of record, being one charge, 37 h 

Copy of same, when requested by either party, 25 

Making complete record of proceedings and 
judgment, when directed by the court, for 
every seventy-two words, 12^ 

Copy of bill, answer, declaration, pleadings, 
judgment, or other proceeding, for every 
seventy-two words, 12 4 

Certifying and sealing the same when request- 
ed in writing, 50 

For each commission, scire facias, or other spe- 
cial writ or process, and sealing the same, for 
every seventy-two words, 15 

Taking depositions when requested, for every 

seventy-two words, 12J 

Taking acknowledgment of a sheriflPs deed, 25 

Entering the acknowledgment of the sheriff to 

a deed, when made in open court, '2d 

Administering oath of naturalization, 25 

Making entry of naturalization of record, for 

every seventy-two w^ords, 15 

Taking each recognizance, and entering the 

same, 37 i 

Arraigning prisoner at the bar, 50 

Entering the pleadings in a criminal cause, 25 

For each copy of an indictment, when request- 
ed, for every seventy-two words, 15 

Entering judgment of conviction, 25 

Entering discharge of recognizance, 12* 

26 



'-^88 FEES. 

For a copy of the list of grand or petit jurors, 

when requested, in a criminal cause, 25 

For swearing jurors, witnesses, and all other 
persons, the same fees shall be allowed as in 
civil cases: and in all criminal cases, where 
the defendant shall be acquitted, or other- 
wise legally discharged without payment of 
costs, the clerk shall receive such compensa- 
tion, as the county commissioners shall order, 
not exceeding thirty dollars per annum. 

Clerks' Fees in the County CoMMissioNEns' Court. 

For each writ, summons, subpena, or other pro- 
cess, with seal, 50 
FiUng each paper, Q^ 
Entering each order of court, 12 1 
Administering each oath, 6i 
Each certificate and seal to any paper, other 

than to process, 50 

Official certificate without seal, 25 

For each license, and taking bond for a ferry, 

toll bridge, or turnpike road, 1 00 

For each tavern license, and taking bond, 1 00 

For each marriage license, 1 00 

For each copy of rates for a ferry, toll bridge, 

turnpike road, or tavern, 25 

Filing and recording marriage certificate, 12^ 

Making each bill of costs, and copy, 25 

For each writ of ad quod damnum, 50 

For copies of all records and proceedings, when 
made out on request, for every seventy-two 
words, 12 i 

Taking depositions when requested, for every 

seventy-tv\^o words, 12 J 

For taking proof in cases of estrays, and grant- 
ing certificate of the same, 25 
For registering each certificate transmitted to 
him by a justice of the peace, in cases of es- 
trays, 12 i 
For advertisements in such cases, including the 

copy for newspaper publication, 50 

For trying and sealing weights and measures' 

by the county standard, 12 i 

Provided, That no fees herein allowed shall be 
charged for services rendered the county: 
but the county commissioners' court shall, 
from time to time, allow their clerk such rea- 



FEES. 289 

sellable compensation per day, at each ses- 
sion, as they may judge proper for his servi- 
ces. 

Fees op the Attorney General and Circuit Attor- 
neys. 

For each conviction in a criminal cause, vrhere 
the crime is infamous, and the offender sub- 
ject to corporeal punishment, 10 

For each conviction where the crime is not in- 
famous, and the defendant is subject to fine 
or imprisonment only, 5 

Fees of the successful party at Law. 

There shall be allowed to the successful par- 
ty in each civil action in the circuit and su- 
preme court, the following docket fees, to 
wit: 

In each suit in which the title to lands shall 

come in question, 5 00 

In each suit where the title to lands does not 

come in question, 2 5(^ 

In each chancery suit, 5 0^ 

Which said fees shall be taxed in the bill of 
costs against the unsuccessful party, whether 
plaintiff or defendant: Provided, That not 
more than one docket fee shall be taxed 
against the same person in any one cause in 
the same court. 

Sheriff's Fees. 

For serving a writ or summons on each defend- 
ant, 50 

Taking special bail, 25 

For serving a subpena on each witness, 25 

For summoning jury, (grand jury excepted,) 

each case , 50 

Advertising property for sale, 25 

Returning each writ or other process, 12 i 

Mileage for each mile of necessary travel, to 
serve any such writ or process as aforesaid, 
calculating from the place of holding the 
court, to the place of residence of the de- 
fendant or witness, for going only, 6i 

Calluig the jury in each cause, 12 i 



'^^ FEES. 

For levying an executian, 5q 

Returning the same, \2 j 

Serving and returning a scire facias to revive a 
judgment, to foreclose a mortgage, or against 
bail, Q2i 

For committing each person to jail, 37^ 

Discharging each person out of jail, 37 i 

Dieting each prisoner per daj, 37 i 

For attending before a judge with a prisoner, 

on a writ of habeas corpus^ 1 00 

For each mile of necessary travel in taking 

such prisonor before the judge as aforesaid, G i 

Serving a writ of possession, with the aid of the 
posse comitatus, 2 00 

Serving the same without such aid, 1 00 

Mileage in either case, for each mile of necessa- 
ry travel from the place of holding court 
to the place where such is served, for going 
only, 61 

Executing a writ of ad quod damnum^ attending 
the inquest, and returning the writ with the 
verdict of the jury, 2 00 

For summoning a jury in a case of forcible en- 
try and detainer, and attending the trial, 2 00 

For attending the circuit and county commis- 
sioners' courts, to be allowed and paid out of 
the county treasury, 1 00 

For summoning each appraiser to value proper- 
ty, 25 

For swearing each appraiser when summoned, 6i 

For executing and acknowledging a deed, on 

sale of real estate, 1 50 

For making certificate of sale previous to the 

execution of the deed, 25 

For taking a replevin, replevy, or forthcoming 

bond, 50 

For taking each bail bond or recognizance in a 

criminal cause, when required by law, 50 

For executing a capias on a defendant in a 

criminal cause, where the offence is infamous, 1 00 

For executing a capias where the offence is not 

infamous, 50 

JNIileage for each mile of necessary travel from 
the place of holding court to the place of 
making the arrest, 6i 

Sening a declaration in ejectment on each de^ 

fendant, and making affidavit of service, 62 i 



FEES. 291 

Mileage for each mile of travel, from the place 
of holding court to the place of residence of 
such defendants, . , ^^ 

For conveying each prisoner from his own 
county to the jail of a foreign county, for 
each mile of travel, going only, 10 

For committing each prisoner to jail under the 
laws of the United States, to be paid by the 
marshal, or other person requiring his con- 
finement, ^[J- 
Dieting such prisoner per day, 3 * - 
For each month's use of the jail during the con- 
finement of such prisoner, to be advanced as 
aforesaid, and paid into the county treasury, 50 
For discharging such prisoner, 37 i 

In addition to the above fees, there shall be 
allowed to the several sheriffs in this state, a 
commission of five per centum on the amount 
of all sales of real and personal estate, which 
shall be made by virtue of any execution is- 
sued in pursuance of law, where the money 
arising from such sales shall not exceed the 
sum of two hundred dollars; but in all cases 
where the amount of any such sale shall exceed 
that sum, a commission of two and a half per 
centum on the excess only shall be allowed: 
Provided^ That in all cases where the execution 
shall be settled by the parties, replevied, stop- 
ped by injunction, or paid, or where the prop- 
erty levied upon shall not be actually sold, only 
one half of the above commission shall be char- 
ged. And no other fees or compensation what- 
ever shall be allowed on any execution, except 
the necessary expenses for keeping perishable 
property, to be ascertained and allowed by the 
court out of which the same shall have issued. 
In all cases where any of the sheriffs in this 
state shall be required by law to execute any 
sentence of punishment, other than imprison- 
ment, for which no fee is allowed by this act, 
it shall be the duty of the county commission- 
ers' court of the proper county to allow a rea- 
sonable compensation for the same, to be paid 
out of the county treasury. It shall be the duty 
of each sheriff, entitled to mileage under this 
act, to endorse on each writ, summons, subpena, 
or other process, that he may execute, the dis- 
tance he may travel to execute the same, as- 
26* 



292 FEES. 

certaing the distance, and the charge properly 
allowable therefor, in conformity with the fore- 
going regulations. In all criminal cases where 
the defendant shall be acquitted, or otherwise 
legally discharged, without payment of costs, 
the sheriff shall not be allowed any fees; but 
the commissioners' court shall annually allow 
the sheriff such compensation for ex-officio ser- 
vices, not exceeding thirty dollars, as they shall 
think proper. 

Coroner's Fees. 

For holding an inquest over a dead body, when 

required by law, 5 00 

For summoning the jury, 75 

For burial expenses, &c., 10 00 

All of which fees shall be certified by the 
coroner, and paid out of the county treasury, 
when the same cannot be collected out of the 
estate of the deceased. And whenever the 
coroner shall be required by law to perform 
any of the duties appertaining to the office of 
sheriff, he shall be entitled to the like fees and 
compensation, as shall be at the time being, 
allowed by law to the sheriff for the perform- 
ance of similar services. 

Justice's Fees in Criminal Cases. 

For taking each complaint in writing, under 

oath, 25 
For taking the examination of the accused, and 
the testimony of witnesses in cases of felony, 
and returning the same to the circuit court, 

for every seventy- two words, 12 J 

For each warrant, 25 

Taking recognizance, and returning the Scane, 50 

For each subpena, 25 
Administering each oath, 6i 

For each jury warrant in a trial of assault and 

battery, 25 

For entering the verdict of the jury, 12 * 

For each order or judgment thereon, 25 

For each mittimus, 25 

For each execution, 25 

For entering each appeal, 25 



PEES. ^93 

For transcript of judgment and proceedings in 

cases of appeal, 50 

But in ail cases where the defendant shall be 
acquitted, or otherwise legally discharged, with- 
out the payment of costs, the justice shall not 
be entitled to any fees. 

Justice's Fees in Civil Cases* 

For every warrant, summons, or subpena, 18 1 

For each continuance, 12 d 
Administering an oath, 6 i 

Issuing dedimus to take depositions, 25 
Taking each deposition when required, for 

every seventy-two words, 12 i 
Entering judgment, 5 
Issuing execution, 25 
Entering security on docket, 25 
Scire facias to be served on security, 25 
Notification to each referee, 25 
Entering the award of referees, 37 i 
Entering appeal from justice's judgment, 25 
For each transcript of the judgment and pro- 
ceedings before the justice on appeal, 25 
Issuing process of attachment, and taking bond 

and security, 75 

Entering judgment on the same, 25 

Docketing each suit, 12i 
Taking the acknowledgment or proof of a deed 

or other instrument of writing, 25 
For each precept, on forcible entry and de- 
tainer, 50 
On trial, per day, 2 00 
Making complete copy of proceedings thereon, 2 00 
For each jury warrant, 25 
For each marriage ceremony performed, 1 00 
For each certificate thereof, 25 
For administering the oath to the finder or ta- - 
ker up in cases of estrays, &c. making an 
entry thereof, with the report of the apprais- 
ers, and making and transmitting a certifi- 
cate thereof to the clerk of the county com- 
missioners' court, 50 

Constables' Fees in Criminal Cases. 
• * 
For serving a warrant on each person named 

therein, 35 



294 FEES. 

Mileage, to be computed from the office of the 
justice who may have issued the same, to the 
place of service, for each mile, 6i 

Serving each subpena, 12* 

Mileage from the justices' office to the resi- 
dence of the witness, per mile, Gi 
Taking each person to jail when committed, 25 
Mileage from the justices' office to the jail, per 

mile, 6i 

For summoning jury in case of assault and 

battery, 50 

But in all cases where the defendant shall 
be acquitted, or otherwise discharged, without 
the payment of costs, the constable shall not be 
entitled to any fees. 

Constables' Fees in Civil Cases. 

Serving and returning each warrant or sum- 
mons, 25 
Serving and returning each subpena, 124 
Serving and returning execution, 50 
Advertising property for sale, 25 

Commission on sales not exceeding ten dol- 
lars, ten per centum; and on all sales exceeding 
that sum, six per centum. 
Attending trial before a justice in each jury 

cause, 25 

Serving jury warrant in each case, 50 

Each day's attendance on the circuit court, 
^hen required to be paid out of the county 
treasury, 1 00 

Mileage, when serving a warrant, summons, or 
subpena, from the justice's office to the resi- 
dence of the defendant or witness, per mile, 5 
For serving warrant on appraisers in cases of 

estrays, &c. 25 

Witnesses' Fees. 

Every witness attending in his own county, on 

trial, per day, 50 

Attending in a foreign county, going and re- 
turning, per day, accounting 20 miles for 
each day's travel, I 00 ; 

Every witness, when attending for the purpose 

of having his^ depostion taken, per day, 50 



FEES. 995 

Provided^ That no allowance or charge shall 
be made for the attendance of witnesses, as a- 
foresaid, unless the witness shall make affidavit 
of the number of days he or she actually attend- 
ed; and tha.t such attendance was at the in- 
stance of one or both of the parties, or his, 
her, or their attorney. 

Jurors' Fees. 

To every juror sworn in each civil action in 

the circuit court, 25 

To each juror swornjn a civil case, before a 
justice of the peace, 25 

For attending an inquest over a dead body, 
when summoned by the coroner, to be paid 
out of the county treasury, 25 X 

Arbitrator's Fees. 

To each arbitrator for every day he shall be 
necessarily employed in performing the du- 
ties of his appointment, where the award is 
to be made the judgment of the circuit 
court, 2 00 

For every arbitrator or referee, for each day 
he shall be necessarily employed in making 
up his award in cases before justices of the 
peace, 1 00 

Recorders' Fees. 

For recording all deeds, mortgages, and other ' 

instruments of writing, for every 100 words 15 
For copies of the same, when requested, for 

every 100 words, 121- 

For every search of record, 12l 

Official certificate with seal, when requested, 37^ 

For each certificate, without seal, 25 

Fees of Notaries Public. 

For noting a bond, promissory note, or bill of 

exchange for protest, 25 

For protesting and recording the same, 50 

For noting without protest, 25 

For notice to endorsers, &c. each, 25 



2m FEES. 

For affixing the seal notarial, 25 

For each certificate, 25 

County Surveyors' Fees. 

For establishing each quarter section of land, 2 50 
For establishing each half-quarter section of 

land, 2 00 

For each town lot over ten, and not exceeding 

forty in number, 37* 

For each town lot over forty, and not exceed- 
ing one hundred, - 25 
For each lot over and above one hundred, 181 
For laying off land, under a writ of ad quod 

damnum, 2 50 

And each surveyor shall be allowed the sum 
of two dollars per day in full compensation for 
traveling expenses, when necessarily engaged - 
in the discharge of the duties of his office. 

Fees for Guarding Jail. 

To each man, for every twenty-four hours guar- 
ding jail when required, on producing the 
jailer's, sheriff's, coroners, or justice's of the 
peace certificate of the same, to be paid out 
the county treasury, 1 00 

And to the end that all persons chargeable with the 
EmTL^fii!' ^^^^ aforesaid, due to the several above named officers, 
(except such as are to be paid by the respective counties,) 
may certainly know for what the same are charged, none 
of the fees herein before mentioned, shall be payable to 
any such officer, until a bill of the same shall have been 
presented to the person chargeable with the same, sta- 
ting the particulars of the said bill, and signed by the of- 
' ficer to whom the same are payable; or^intil a fee bill 
shall have been issued by the clerk, as hereinafter pro- 
vided. 

Sec. 7. If any or either of the aforesaid officers shall 
Penalty for charge, claim, demand, exact, or take any other or greater 
toWng illegal f-^gg ^j^^j^ ^re hereinbefore set down and allowed for any 
of the services specified in this act; or shall charge, de- 
mand, or take any of the said fees when the services for 
which such fees are charged, shall not have been actual- 
ly performed, such officer shall pay to the party injured 
two dollars for every item so charged and exacted; to be 
Proyiso. sued for and recovered in any court ha\ing cognizance 

of the same : Provided^ always^ that if any person against 



FEES. ^ 297 

whoiti any fee bill, within this act, shall be charged, shall 
conceive himself or herself aggrieved by any such 
charges, that the same is overcharged, or contains charges 
for services not actually rendered by such officer, it shall 
be lawful for such person, after paying the same, or hav- 
ing replevied the said fee bill, by giving bond, with suf- 
ficient security, to pay the same at the next ensuing cir- p^^ ^^^^ ^^^ 
cuit court of his county, (and it shall be the duty of the be replevied. 
sheriff, or other officer, to take such bond and allow said 
replevin,) to present the said fee bill to the circuit court 
of the county where the person so charged therewith 
shall reside ; whose duty it shall be to inspect the said And if impro- 
fee bill; and if it appear, that any item or charge is con- per. 
tained in said fee bill not authorized by law, or for ser- 
vices not actually rendered, the said judge shall proceed 
to quash such fee bill and bond, if one be given, and if 
the money has been collected thereon, he shall order the To be quashed 
clerk to restore the same, and shall impose a fine on such ^^ ^^* ^"'^**' 
clerk, in favor of the party injured, of not less than one 
dollar, nor more than three dollars, for every item erro- 
neously charged in said fee bill by said clerk; and shall 
grant to the party injured, process of attachment, to re- 
cover back the amount of such fee bill, when paid, and ^^"^^ injured 
also the fine or fines so imposed; but if it shall appear ^^^reIo^x\izj^ 
the said judge, that such fee bill is correct, the party the money, 
charged with the same, shall pay to such clerk, an in- 
terest on the amount of such bill at the rate of ten per 
centum per annum, from the time of the delivery of such 
bill till the same be paid. 

Sec. 8. The clerks of the supreme and circuit courts 
shall, at or after every term of their respective courts, 2a^^ve1o*A»« 
make and set down, in a book to he kept for that pur- books, 
pose, a fee bill in each cause, in which costs shall 
have been adjudged, including the costs of sheriffs and 
other officers of court,setting down the costs of the plaintiff 
and defendant, which book shall be a public record ; and 
for the purpose of collecting such costs, it shall and may 
be lawful for such clerk, and it is hereby made his duty, 
when required by any officer of the court, interested in 
the same, to make out a copy or transcript of such bill of 
costs and deliver the same to the sheriff of the county 
where the person or persons chargeable with the same, 
ihall reside or have property; which fee bills, so issued, 
shall have the force and effect of an execution, and be 
collected in the same manner: Provided^ nothing herein 
contained shall be so construed, as to prevent the collec- 
tion of such costs by execution, on final judgments. Sheriff's ih«y 

Sec. 9. If any sheriff, or other officer to whom anybliS'r' *°^* 
Buch fee bill shall have been delivered, shall neglect to 



298 FEES. 

make return thereof, or to pay the amount of such fee 
bill, except his own fees, it shall and may be lawful for 
any party interested in such fee bill, to obtain a rule of 
court against such sheriff, or other officer, and proceed 
against him by attachment, and recover the same, accor- 
ding to the rules and practice of the court where such 
costs may have accrued. 

Sec, 10. Whenever any clerk of any circuit court of 
Contents of a this state, shall be required to certify the records of the 
yupreme court. P^^^^^^i^gs below to the supreme court, such record 
shall only contain the declaration, writ or summons, plea, 
demurrer, rejoinder, or other pleadings in the suit, togeth- 
er with the judgment of the court below given thereupon, 
unless such clerk shall be especially directed by the court, 
or the counsel for either party, to insert in the body of 
such record such other pleadings or papers as the court 
or parties may deem material to the matter in contro- 
versy; and if any such clerk shall insert in such record, 
others than those aforesaid, or such as he may be espe- 
cially instructed to insert, he shall not he entitled to re- 
ceive any fee for such paper or pleading as aforesaid. 
Sec. 11. Any person who has heretofore been, or who 
hlve'nof'^ot^^ at this time the sheriff of any county in this state, and 
lected fee bills'" whose hands the clerks of their respective counties, 
how to proceed, have, agreeably to the statute of this state in such cases 
made and provided, put their fees for collection, and 
which fees the sheriffs, as aforesaid, have not collected, 
are hereby fully authorized to go on and make such col- 
lections, as if they had done so in strict conformity with 
the law ; together with all fees which may be due to them 
for services as sheriffs rendered: Provided^ that the divi- 
sion of no county shall, in any instance, interfere with 
such collections. 

Sec. 12. The clerks of the circuit and county commis- 
Stationery and sioners' Courts, shall provide all the necessary books for 
tii'rsurrerne'^ their respective offices; ar.d a safe press or presses, with 
and circuit locks and kcys for the sjife keeping of the archives of 
cowu. their respective offices; and the county commissioners*' 

courts shall make allowances for the same, and for arti- 
cles of stationery necessary for their respective courts, 
out of the county treasury, from time to time; and the 
clerk of the supreme court shall also procure the neces- 
sary books, stationery, and presses for the safe deposit 
of the archives of his office which shall be certified by 
the said court to the auditor of public accounts, who 
shall draw a warrant or warrants on the state treasury 
for the amount of the same. 

Sec. 13. It shall be the duty of the county commis- 



FEES. # 299 

sioners'" court, in each county, as soon as the same shall 
be practicable, to cause a suitable room or rooms to be 
provided, at the court house in their respective counties, 
for the offices of the clerks of the circuit courts, and coun- 
ty commissioners' courts ; and when the same shall be so 
provided, the clerks shall keep their offices at the place 
50 provided. 

Sec. 14. In all cases on judgments, on which execu-Cost biiistogo 
tion may, or shall hereafter issue, from any court of re- with the pxecu- 
cord, the clerk of the court from which the same shall is- ^^°"' 
sue, shall, ^it the time of issuing thereof, make out under 
his signature, and deliver to the sheriff or coroner, as the 
case may be, with the execution, a detailed bill of the 
costs in the said suit, from its commencement to its termi- 
nation, in order that the party paying the same, may cer- 
tainly know with and for what he is chargeable; which 
said bill, the said officer to whose hands the execution 
may so come, shall deliver to the party against whom the 
execution may be; and upon his replevying or paying 
the same, together with his certificate thereon, that the 
same was so replevied or paid by the said person. 

Sec. 15. Should any officer, concerned, in issuing or 
executing any execution, hereafter to be issued as afore- ^*^'?^l^y ^^^' 
said, fail in the duty enjoined on himyin the preceding """^^^""' 
section hereof, he shall forfeit and pay to the party inju- 
1%d, the sum of fifty dollars with costs, to be recovered 
in any court of record in this state, and no imparlance or 
delay shall be allowed therein,.. 

Sec. 16. The clerks of the several courts aforesaid, 
judges, of probate, and justices of the peace respective- plerks to set up 
Iv, shall be required to set up in some conspicuous place JJJJj/fgg" ^g^^i- 
in each of tlieir offices, and there continually keep a lowed by law . 
fair and complete table of their fees, allowed by this act; 
and if any such officer shall fail to comply with the pro- 
visions of this section, within three months after this act 
shall take effect, or siiall, at any time thereafter, for ten 
days together, not have such table continually kept up 
as aforesaid, he shall forfeit and pay for every such neg- 
lect, the sum of ten dollars,^ to be recovered before any 
justice of the peace of the proper county, to the use of 
any person or persons, who may inform and sue for the 
same. 

Seg. 17. All laws and parts of laws, which may have 
heretofore required the clerks of the supreme and circuit ^^^ ^^^^^^^''' 
courts to make up complete records, except in cases 
where the title to lands shall come in question, and in 
capital criminal cases; or where such clerks shall be di- 
rected by one of the parties concerned, to make the same. 
27 



300 FEES. 

shall be, and they are hereby repealed ; and if in any 
cause, where the clerk is not required by law, either par- 
ty shall require a complete record, the party so requir- 
ing it, shall pay the cost of the same. 

The clerks of the several circuit courts of this state. 
Sw(Ki^t?c<Jiect heretofore appointed by the late circuit judges, may in 
their fee*. all things proceed to collect their fees by fee bill, in the 
manner provided in this act for other clerks; and may, 
for that purpose, examine any fee book or record, in any 
of said courts; and all other acts and parts of acts com- 
ing within the purview of, or repugnant to this act, be. 
Acts repealed, and the Same are hereby repealed: ProvidecU that noth- 
ing in this act contained, shall be so construed as to pre- 
vent the recovery of salaries, fees, and compensation, 
which are now due and payable, or which may become 
so before this act takes effect, in the manner prescribed 
by the several acts hereby altered and repealed: Provi- 
ded^ also^ that the act, entitled "An act concerning public 
officers, and the payment of money out of the state trea- 
sury," approved, January 25, 1826, be and the same is 
hereby repealed. The 1st, 2d, 3d, and 4th sections of 
this act, to take effect from and after its passage, the re- 
mainder thereof, on the first day of June next. 

Approved, Feb. 19, 1827. 



In force Janu- -^-V.^CZ'm addition to an act regulating the Salaries, Fees, 
ary '23, 1829. . a^d Compensation of the several officers and pemons therein 
mentioned. 

Sec. 1. Be it enacted by the people of the state of Illinois^ 
Fees may be represented in the General Assembly, That hereafter it 
collected by ^j^^jj l^g lawful for the clerks of the respective courts of 

eonstables. , . i . i . • ■ -n 

this state, who are authorized to issue lee bills, to place 
the same in the hands of any constable of the proper 
county for collection; and the constable receiving the 
scime shall be liable to the several remedies for any <Ie- 
fault set forth in the act to which this is an addition, 
therein provided. 

Sec. 2. The following fees shall be allowed to the 

Fees of ;\jd^e« judges of probate,in addition to the fees now allowed by 

probate. law, viz: 

Cents. 
For administering oath to each witness, 6i 

Swearing any person to an affidavit, 12i 

Issuing order for writ of certiorari, 25 



FEES. ^ 301 

Examining petition and application for writ of 

certiorari, 25 

Issuing injunction, ne cxeat^ or any special writ, 50 

Issuing subpena, attachment, or other process, 

under seal, So 

Entering each decree, order, or judgment, ex- 
cept orders allowing claims for or against an 
estate, 25 

Recording appraisement, sale bill, and all other 
exhibits and writings required to be record- 
ed, (wills and codicils excepted,) for every 
hundred words, figures inclusive, 10 

Filing each paper belonging to the settlement 

of any estate, 6 i 

Issuing letters of guardianship and recording 

same, 1 00 

Taking bond of guardian, 50 

Taking any bonds not before specified, 50 

Revoking letters testamentary, administration, 

or guardianship, 50 

Swearing e«ch jury, 25 

Writing indenture, to be paid by master, 50 

And for the collection of the fees aforesaid, the judge 

of'probate may issue fee bills, directed to the sheriff or ^^Jj|f*^ ^** 
^to any constable of the county, who is hereby authorized 

to collect the same as in other cases. 

Sec. 3. And hereafter the clerks of the courts of coun- ^ ^ , 

, . . \ \^ , \. r r - • derks of coun- 

ty commissioners shall not charge any tees lor issuing ty com. 

writs of election, comparing election returns, issuing no- 
tices to supervisors of roads, issuing certificates of allow- 
ances made to individuals by the court, or for any other 
services rendered the county: but the courts shall allow 
their respective clerks such reasonable compensation as 
they may think right, as an ex officio fee, not exceeding 
twenty dollars per annum, exclusive of a reasonable al- 
lowance 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 compensa- 
tion per day, for their services rendered the county, is 
hereby repealed. 

The following fees shall be allowed to the recorders: Reeor<5<^'s 

Cents, 

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

. For entering every tract of land, over five, in 
each deed or conveyance, Oi 



foes. 



302 FERRIES. 

Sherift's com- Sec. 4. So much of the sixth section of the acts, regu- 
mission on e-j^^jj^^ salaries, fees, and compensation of the several of- 
ficers and persons therein mentioned, passed on the nine- 
teenth day of Februarv, 1827, as allows any commission 
to sheriffs for offering real or personal estate for sale, 
where the execution s!;all be settled by the parties, re- 
plevied, or stopped by injunction, or where the property 
shall not be actually sold, is hereby repealed; and in all 
such cases the sheriff shall be allowed fifty cents for le- 
vying, and six and one fourth cents a mile for going to, 
and returning from the place of sale. 
^'^^^^^?'t^^' ^^^ ^^^' ^* Clerks of the supreme, circuit, and county 
oradvr.mvied-- Commissioners' courts, and notaries public, shall be al- 
mentoiuiecdr lowed a fee of twenty-five cents for taking the proof or 
acknowledgment of any deed or conveyance, and afiix- 
ing his ofiicial seal. 
Certiticaie of Sec. 6. Clerks of county commissioners" courts shall 
magistracy. ^g allowed twenty-five cents for every certificate of ma- 
gistracy, with the ofiicial seal annexed. 
Acknouiedg- Sec. 7. Every officer authorized by law^ to take proofs 
ment of deed. ^j. acknowledgments of deeds, is allowed a/ee of twen- 
ty-five cents, for each deed proved or acknowledged be- 
fore him. 

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

Approved, January 23, 1829. ^^ 



FERRIES. 



,./"/o''^ r''-'t>- ./t/JV' ACT to provide for the establishment of Ferries, Toll 
"' ^ ' ' Bridges and Turnpike Roads. 

Sec. 1. Be it enacted by the people of the state of Illinois, 
represented in the General assembly, That whenever it shall 
iiuSoIlers may ^^^ Considered necessary to establish a ferry or toll bridge 
stabiish fenies across any lake, river, creek, or any other water course 
und toll bridge?, within the limits or upon the borders of this state, or to 
turnpike or causeway any public road or highvsay, it shall 
be the duty of the county commissioners' court of the 
proper county, on due application being made by any 
qualified person or persons, to establish and confirm the 
same by a special order, to be made for that purpose, un- 
der such regulations, restrictions, and forfeitures as are 
hereinafi;er directed and pointed out: Provided, tliat no 



FERRIES. ^ 303 

such application shall avail any such person or persons as 
aforesaid, unless his, her, or their intention in relation 
thereto shall have been previously puhhshed in some pub- 
lic nevsspaper printed in this state, or advertised on the 
door of the court house, and in three other of the most 
public places in the county, in which such ferry, toll bridgCc 
or turnpike road is p: oposed to be estabhshed, for at least 
four weeks, successively, next preceding the sitting of the 
court at which the sam'e shall be made: And ^ provided fur- 
ther^ that the proprietor or proprietors of the lands adjoin- 
ing to, or embracing such water course as aforesaid, 
over which any such ferry or toll bridge shall be proposed 
to be established as aforesaid, or where any such turnpike 
road shall pass as aforesaid, shall, at all times, have the 
preference in establishing or erecting the same in all cases 
where application shall be made for that purpose, before 
such privilege shall have been granted to any other per- . 
son or persons as aforesa,id. 

Sec. 2. When any ferry, toll bridge, or turnpike road when estab- 
shall be established as aforesaid, it sha^ll be the duty of the lished. 
court establishing the same, to direct their clerk to issue 
to the proprietor or proprietors thereof, a license under a^ ucense to 
the seal of such court, to keep the same according to law: issue. 
ProvidedAhu.t every such proprietor or proprietors, as afore- 
said, to whom any such license may be directed to be is- 
sued as aforesaid, shall, before the issuing thereof, pay into 
the county treasury, or to such person or persons as shall 
be authorized to receive the same, the amount of the first 
year's tax, which may be assessed upon such ferry, toll 
bridge, or turnpike road by said court, and specified in 
the order esta^blishing the same, and enter into bond with 
one or more suflicient securities, to be approved by the 
court, in a sum not less than one hundred, nor more than 
five hundred dollars; payable to the county commissioners 
of the proper county, and their successors in office, for the 
use of such county, with a condition therein contained, 
that he, she, or they v\i]l keep such ferry, toll bridge, or 
turnpike road according to law; and if default shall, at 
any time, be made in the condition of said bond, da,mages 
not exceeding the penalties therein mentioned may be 
sued for, and recovered in the name of the county com- 
missioners for the use of the county wherein such ferry, 
toll bridge, or turnpike road shall have been established, in 
any court having competent jurisdiction. 

^ Sec. 3. Each ferry-keeper shall be furnished and pro- Duty of feny 
vided with a good tight boat or boats, if more than one J^eepsi-s. 
be necessary, and other small craft of sufficient number, 
dimensions, strength, and steadiness, for the safe and speedy 

*27 



^^ FERRIES. 

transportation of all passengers, their teams, horses, cattle, 
and other animals, as well as their goods, chatties, and ef- 
fects; and the said boat or boats and other small craft shall 
at all times, be well furnished with suitable oars, setting 
poles, rigging, and other implements necessary for the ser- 
vice thereof; and also, with men of sulhcient number, 
strength, discretion, and skill to mjj.age the same; and 
such ferrj-keeper shall at all times, keep the place of 
embarking and landing in good repair, by cutting away 
the banks and erecting vrharves and causeways when ne- 
cessary, so that passengers, their teams, horses, cattle, and 
other property, may be embarked and landed without 
danger or unnecessary delay. 
Duty oi loll Sec. 4. Every keeper of a toll bridge or turnpike road, 
bmige and lum- shall, in like manner, be required to keep the same at all 
p, e «pcis. ^.j^^g -j^ g^^^ repair, so as to afford a safe and speedy pas- 
sage to all persons, their teams, horses, cattle, and other 
anim.als, who may have occasion to use the same. 
It ^^^' ^' Every keeper of a ferry, toll bridge, or turnpike 
ur »e» ( u y. ^^^^ ^ aforesaid, shall give constant and diligent atten- 
tion to the same from daylight in the morning until dark 
in the evening of each day, and shall give passage to all 
public messengers and expresses, to all grand and petit 
jurors, when going to and returning from court, without 
any fee or reward whatever: Provided, that no messenger 
Proviso. ()j. express shall be considered as being sent on public 
sen-ice, within the meaning of this act, unless he shall 
have been despatched by a commander-in-chief, major, or 
brigadier general, colonel, lieutenant-colonel, major, or 
commandant of some military post or establishment, to the 
governor or commander-in-chief of the militia of this state, 
or vice versa; and the despatch carried by such messenger 
or express, be endorsed, ''on public service," and signed 
by the officer sending the same. 

And all such keepers of ferries, toll bridges, and turn- 
Tlicir liability. P^^^ roads as aforesaid, shall also be obliged at any hour 
of the night, if required, except in cases of evident dan- 
ger, to give })assage to all public messengers and expres- 
ses as aforesaid; and also to all other persons requiring the 
same, on their paying or tendering double the rate of fer- 
riage or toll allowed to be taken during the day time. — 
And if any such keeper of a ferry, toll bridge, or turn- 
pike road as aforesaid shall, at any time, neglect or refuse 
to give passage to such person or persons, or their proper- 
ty as aforesaid, he or she so offending, shall forfeit and 
pay five dollars for every such offence to the party ag- 
grieved, before any justice of the peace of the county 
wherein such offence shall be committed, and shall also 



FERRIES. , mb 

be liable to an action on the case for any special damage, 
which any such person may sustain in consequence of such 
neglect or refusal. But no ferryman shall be required to 
put off from shore, or to attempt to pass any such water- 
course as aforesaid, when it manifestly appears to be ha- 
zardous so to do, by reason of any flood, storm, tempest, 
or ice ; nor shall any keeper of a ferry, toll bridge, or turn- 
pike road as aforesaid, be compellable, (except as is here- 
inbefore excepted,) to give passage to any person or per- 
sons, or to his, her, or their property as aforesaid, until the 
fare or toll, properly chargeable by such keeper, shalL-^"°^i\^!^!* ""' 

1 1 rii-j xj JJ .^' , less paul m ad- 

have been fully paid or tendered; and every juryman to vauce. 

entitle him to the benefit of this section, shall produce to 

the ferry-keeper, &c. the certificate of the sheriff of his 

county, that he has been duly summoned to serve on the 

grand or petit jury at the term of the court, to or from 

which he is going. 

Sec. 6. The county commissioners' courts in their re- R?tes, iww fix- 
spective counties are authorized and required to fix, from ^ 
time to time, the rates, fare, or toll, which each keeper of 
any ferry, toll bridge, or turnpike road shall hereafter de- 
mand, for the passage of all persons, wagons, carts, car- 
riages, horses, cattle, sheep, hogs, and other property, 
having due regard to the breadth and situation of the 
stream or water-course over which such ferry or bridge 
shall be established, the dangers and difficulties incident 
thereto, the length, breadth, and quality of the road, and. 
the publicity of the place at which the same shall have 
been established. And every such keeper of a ferry, toll 
bridge, or turnpike road, as aforesaid, vvho shall, at any 
time, demand and take more than the fare or toll so stated 
and a,llovred as aforesaid, shall forfeit and pay to the party 
aggrieved, for every such offence, the sum of five dollars 
over and above the amount which shall be thus illegally 
demanded and taken, to be recovered before any justice 
of the peace of the county wherein such oiience shall be 
committed. 

Sec. 7. Each keeper of a ferry, toll bridge, or turnpike Rates to be 
road, which now is, or shall hereafter be established in posted up at 
this state, shall be required to set or post up in some con- ^^"^®^- 
spicuous place, immediately adjoining his or her ferry 
landing, toll bridge, or turnpike gate, a painted, printed, 
or written list of the several rates or fares, which shall be 
chargeable at such ferr}^, toll bridge, or turnpike gate, so 
that the same shall not exceed those which shall, from time 
to time, be allowed by law; which said lists of fares or 
rates as aforesaid shall, at all times, be painted, printed, 
or written in a plain, legible manner, and posted up so 



a06 FERRIES. 

near the place or places where persons shall pass acros? 
such ferry, toll bridge, or turnpike road as aforesaid, that 
the same shall be open and legible to all. such passengers: 
.And if, at any time, any such keeper as aforesaid, shall 
refuse or neglect to put up such list of rates or fares as 
aforesaid, it shall not be lawful to charge any ferriage or 
toll, or to take any compensation whatever, at any such 
ferry, toll bridge, or turnpike gate, during such delin- 
quency. 

Sec. 8. All persons shall be received into such ferry 
Liability for j^oats or Other vcsscls as aforesaid, and conveyed across the 
to^thiract!^^'"^ water course, over which the same shall be established, 
according to their arrival or first coming to the said ferry: 
And if any ferry-keeper shall act contrary to this regula- 
tion, he shall forfeit and pay the sum of three dollars for 
every such offence, to the party aggrieved, recoverable be- 
fore any justice of the peace of the county wherein such of 
fence shall have been committed: Provided^ that all pub- 
lic officers, or such as go on public or urgent occasions, 
as post riders, couriers, physicians, surgeons, and mid- 
wives shall, in all cases, be the first carried over, where 
all cannot go at the same time. 
Ferry keepers Sec. 9. The owncr or owncrs, keeper or keepers, at 
siveprh-ifegeo'f ^^^ ferries and toll bridges, which now are, or hereafter 
ferrying. shall bc established by law, and kept agreeably to this 

act, shall have the exclusive privilege of the transporta- 
tion or passage of all persons, their teams, horses, cattle, 
and other property over or across the same, and be enti- 
Proviso. tied to all the fare by law arising therefrom: Provided, 
that nothing herein contained shall be construed to pre- 
vent any person or persons from crossing any stream or 
water course, over which any such ferry or toll bridge 
shall be established as aforesaid, in his or her own boat 
or Other craft, on his or her own business; and also to take 
in and cros3 his neighbors where the same is done without 
fee, and not with intention to injure any ferryman near. 
Sec. 10. All ferries heretofore established and confirm- 
river.^^how ret° ^^ ^^'^^ ^'^^ rivcr Ohio, to the proprietor or proprietors of 
jiate'd. ° land on the western shore of said river by the county 
commissioners' courts of any of the counties bounded by 
or situate upon said river, as well as all other ferries and 
toll bridges which have, at any time been established 
over any otlier of the lakes, rivers, creeks, or other water- 
courses, within the limits or upon the borders of this state, 
and where the same have been kept in operation or re- 
pair, from time to time, according to law; and have not at 
any time since their establishment been discontinued or 
abandoned, shall be, and they are hereby declared to be 



FERRIES. ' sai 

established ferriies and toll bridges, within the meaning 
of this act. 

Sec. 11. If any person or persons except those whose Yerxy privUege 
ferries or toll bridges arc established and confirmed by extended three 
this act, or shall hereafter be established and licensed by i^'ii^s- 
some county commissioners' court under the provisions 
of this act, shall, at any time, run any boats or other 
craft, for the purpose of conveying passengers or their 
property across any such water course as aforesaid, within 
three miles of any ferry or toll bridge v/hich now is, or 
hereafter shall be established as aforesaid, except as is 
hereinbefore allowed, he, she, or they so offending shall for- 
feit every such boat or boats, or other craft to the o'^Tier 
or proprietor of the ferry or toll bridge, within three 
miles of which, the same shall be run as aforesaid; and 
the ov» ner or propTietor of such f^rry or toll bridge may, 
at any time after such forfeiture shall have accrued, en- 
ter upon and take possession of such boat or boats, or oth- 
er craft to his or her own use; and such offender shall, 
moreover, pay to the proprietor of such ferry or toll bridge 
as aforesaid, who may be aggrieved as aforesaid, the sum 
of fifteen dollars for each person vrho may be thus unlaw- 
fully carried or conveyed across any such water course a^- 
aforesaid, to be recovered by motion before any justice 
of the peace of the proper county, upon giving to such 
offender five days notice of the time and place of making 
such motion; which notice may be served on such person 
or persons, either in or out of the state, by delivering or 
tendering a copy thereof. 

Sec. 12. For the encouragement of ferry-keepers, and Keeper? 
the keepers of the gates of toll bridges and turnpike roads, cenah?^dude^ 
and in consideration of their giving a free passage to pub- 
lic messengers and others exempted by this act, all men 
necessarily attending on ferries, toll bridges, or turnpike 
gates in this state, shall be free from military duty, of 
opening and repairing highways, so far as personal ser- 
vice is required, and from serving on juries. 

Sec. 13. If any ferry or ferries which now are, or 
hereafter mav be established as aforesaid, shall not be „ 'J^*^^^'f '^f 

. -, T . ^ p.. . T ' 1 ^ well fiuDishe-i 

turnisned witii suincient boat or boats, or other crait, ^vith boats, ^c 
with the necessary oars, setting poles, rigging, and other 
implements for the service thereof, and also with a suffi- 
cient number of able bodied and skillful ferrymen, as is 
pro\dded in the third section of this act, within three 
months from 'the establishment thereof, or if any toll 
bridge or turnpike road, which now is, or hereaf+er shall 
be established as aforesaid, shall not be erected and com- 
pleted agreeably to the terms and conditions imposed by 



«0e FERRIES. 

the county commissioners' court, within twelve months 
after the estabhshmcnt thereof, or if any such ferry, toll 
bridge, or turnpike road shall not, at any time hereafter, 
be kept in good condition and repair, agreeably to the 
provisions of this act, or if the same shall, at any time 
be abandoned, disused, or unfrequented for the space of 
six months, it shall and may be lawful for the county com- 
missioners* court of the proper county, on complaint being 
License for fcr- jj^jj^jg to summon the proprietor or proprietoi-s of such 

ne6revokaI)le, r. . n i -j . ^ -f i , i 

lerry, toll bridge, or turnpike road, to shew cause why 
the same sliould riot be discontinued, and their license re- 
voked; and decide thereon according to the testimony ad- 
duced, and as shall be agreeable to equity and justice; 
which decision, when made, shall be valid in law to all 
intents and purposes, but subject to appeal to the circuit 
court, as in other cases. 

J^'^ax? ""^ ^^^- ^^' '^^^ ^^^'^'i^^' toll bridges, and turnpike roads, 
which now are, or hereafter may be estabhshed as afore- 
said, shall be subject to an annual tax of not less than two. 
nor more than one hundred dollars, in the discretion of 
the county commissioners' court of the county in which the 
same shall be located; which tax, when assessed, shall he 
collected and paid over as other taxes are, and shall con- 
stitute a part of the county revenue, 
pu^ha^' loi?' ^'=^'- 1^- ^^ the county in which any toll bridge, or turn- 
bridges. pi^c road shall be established and erected as aforesaid shall, 

'J'urupike roads at any time, pay or cause to be paid to the proprietor or 
proprietors thereof, the original cost of such toll bridge, or 
turnpike road as aforesaid, with ten per cent, interest there- 
on, then the said bridge or road shall cease to be private 
property, and shall become a pubhc bridge or highway. 
rer3<«iMiot ai- ^^^* ^^' '^^ pcrsou shall estabhsh, keep, or use any 
joaed to ferry fcriy, toll bridge, or turnpike road as aforesaid, for the con- 
without liceiise vcyancc or passage of persons and their property as afore- 
said, for profit or hire, unless he or she shall be licensed aa 
directed by this act, under the penalty of five dollars for 
each offence, recoverable before any justice of the peace 
of the county wherein such offence shall be committed; 
the one half thereof shall go to the person suing for the 
same, and the other half to the county; and if any person 
or persons not licensed as aforesaid shall, at any time, pass 
any person or persons, or their property as aforesaid, ex- 
cept as is provided in the ninth section, over any lake, river, 
creek, or any other water course, where any ferry or toll 
bridge shall, at the time, be established, and'kept as afore- 
said, or within three miles thereof, either with or without 
compensation, with intent to injure the keeper or proprie- 
tor of such ferry or toll bridge, he, she, or they shall incur 



FERRIES. ^ 909 



Proviso. 



the same forfeitures, and may be proceeded against in the 
same manner as is provided in the eleventh section : Pro- 
vidcd. that it shall not be considered illegal for any person 
or persons to pass any person or his property without com- 
pensation, in cases where it shall be made to appear that 
such established ferry or toll bridge was not, at the time, 
in actual operation, or in sufficient repair to have afforded 
to such person or his property a safe and speedy passage. 

Sec. 17. That the act, entitled "x\n act to establish and Act? rrpftaied. 
regulate ferries," approved, February 20, 1819; the act 
entitled "An act to amend an act, entitled an act to estab- 
hsh and regulate ferries," approved, February 20, 1819, 
approved, February 9, 1821; the act, entitled "An act 
to amend an act, entitled an act to estabhsh and regulate 
ferries," approved, January 10, 1825; the act entitled 
"An act authorizing the county commissioners to grant li- 
censes for the erection of toll bridges and turnpike roads," 
approved, March 27, 1819; and all other acts and parts 
of acts coming within the purview of, or repugnant to this 
act, be, and the same are hereby repealed: Provided^ al- 
7i>ays^ that nothing in this act contained, shall be construed 
to interfere with, infringe, restrict, or impair any of the 
rights or privileges which have been heretofore granted and 
confirmed to any peson or persons, by virtue of any for- 
mer law of this state. This act to take effect fron^ and 
ailer its passage. 

Approved, Feb. 12, 1827. 



AN ACT supplemental to an act, entitled "An act to establish In force Feb. 
and regulate Ferries, approved, February 20, 1819." 1'^'' ^^'^-~- 

Sec. I. Be it enacted by the people of the state of Illinois, 
represented in the General Assembly, That the ferries here- q^^'"^"J^"^J'/ 
tofore established and confirmed over the river Ohio, to tab'usheT' 
the owner or owners of land on the western shore of said 
river, by the county commissioners' court of any of the 
counties bounded by, or situate upon said river, are 
hereby declared to be established ferries, any thing in the 
act to which this is a supplement, approved, February 20. 
1819, notwithstanding. 

Sec. 2. The county commissioners' court of the several , , , 
counties which now are, or hereafter may be situated on of^'^ountiT.^on 
the river Ohio, shall have full power and authority to grant that river have 
and confirm to the proprietors of land on the western shore '^^'^^'" *'''"'' 



310 ferries: 

power relative ^^f g^^j^j river, the right to ferry over said river: Provided^ 
o" , ernes t ere- ^^^^ ^^ ferry shall be granted over said river, within three 

miles of any established ferry. 
No person ai- Sec. 3. If any person or persons except those whose 
Jo.ved to ferry ferries are confirmed and established by this act, or shall 
owners ^"^^^^"^ hereafter be granted and confirmed by some county com- 
missioners' court under the provisions of this act, shall run 
any boat or boats, for the purpose of conveying passengers 
across said river Ohio, within three miles of anj' ferry es- 
tablished and confirmed by this act, or which may be 
granted and confirmed by a.ny county commissioners* 
court under the provisions of this act, he, she, or they shall 
forfeit every such ]>oat or boats, to the owner of tlie ferry, 
within iiiree miles of which such boat or boats shall be 
run as aforesaid; and the ov>nerof sucli ferry may enter 
upon, and take possession of said boat or boats for his own 
use; and such offenders shall, moreover, pay to the owner 
of such ferry, within three miles of which said boat or 
boats shall be run, the sum of fifteen dollars for every per- 
son carried or conveyed over said river in such boat or 
boats, to be recovered before any justice of the peace 
in the proper county, by motion, upon giving such offender 
or offenders five days notice of the time and place of mak- 
ing such motion; v/hich notice may be served on such per- 
son or persons at any place, either in or out of the state, 
by delivering or tendering a copy thereof. 

lix'"he mte' o^f ^^^- ^^ ^^^^ ^' ^'^^^^ ^^^ ^^J ^'^ ^^^^'^'^^^ ^^^ *^^ proprie- 
ferriage. ' tOr or proprietors of ferries established, or which may be 
established, by authority of this act, their heirs and as- 
signs, to demand and receive from passengers and other 
persons, such rates of toll as shall, from time to time be 
established by the county commissioners' court of the res- 
pective counties in which such ferries may be situate, 
^^re't'abii'shed' ^^^' ^' ^^^^ ferries which are, or may be established by 
' authority of this act, shall be subject to the same taxes as 
now are, or may hereafter be imposed on other ferries in 
this state, and under the same regulations and forfeitures. 
This act to take effect from and after its passage. 

Approved, Feb. 12, 1827. 



19, 1833. * v^jY act to amend the several acts therein namcd^ relating 
to the several acts concerning the establishing and regulating' 
ferries in this stae. 

Sec. 1. Be it enacted hy the people of tlie state of Illinois, 
represented in the General Assembly^ That so much of an 



FORCIBLE ENTRY AND DETAINER. # 311 

act entitled "an act to authorize Samuel Wiggins to es- 
tablish a ferry upon the waters of the Mississippi, approv- 
ed, March 2, 1819, as prohibits the establishing a ferry 
within one mile of the ferry established by that act; and 
so much of the act entitled "an act to authorize Samuel 
Wiggins to make a turnpike road, and for other purpo* 
ses," approved, February 6, 1821, as authorizes the said 
Wiggins to remove his ferry to any land belonging to him 
under the same privileges that were conferred to him by Parts of former 
the act, entitled "an act to authorize Samuel Wiggins ^^ "^^P®^^®^* 
to estabhsh a ferry upon the waters of the Mississippi 
river,'' approved, March 2, 1819, as relates to the pro- 
hibiting the establishing any ferry, or the running boats 
within one mile of the ferry established by ^id last men- 
tioned act, and so much of the act entitled " An act to . 
amend an act to provide for the establishment of ferries, 
toll bridges, and turnpike roads," approved, February 
12, 1827, amended January 22, 1829, as prohibits the 
establishing of any ferry on the waters of the Mississippi, 
Ohio, Illinois, or Great Wabash rivers, within two miles 
of any such estabhshed ferry or toll bridge be, and the 
same is hereby repealed. 

Approved, January 19, 1833. 



FORCIBLE ENTRY AND DETAINER. 

AJV A CT concerning; Forcible Entry and Detainer. In fore« Jun^ 

1, 1827. 

Sec. 1. Be it enacted by the people of the state of Illinois^ 
represented in the General Assembly^ That if any person 
shall make any entry into any lands, tenements, or other What deemed 
possessions, except in cases where entry is given by law, d^eTaiaer^"^*^ ^ 
or shall make any such entry by force, or if any person 
shall wilfully and without force, hold over any lands, ten- 
ements, or other possessions, after the determination of 
the time for which such lands, tenements, or possessions 
were let to him, or to the person under whom he claims, 
after demand made in writing for possession thereof, by 
the person entitled to such possession, such person shall 
be adjudged guilty of a forcible entry and detainer, or of 
forcible detainer, as the case may be, within the intent 
and meaning of this act. 

Sec. 2. Any two justices of the peace of any county Two justieofej 
in this state, shall have iurisdiction of any case arising?® P*:**^?^.*** 

, .1. , 1 ^ ' , "in-, o have junsdic- 

imder this act, and on complamt upon oath of the party lion of aUcau*. 



312 



FORCIBLE ENTRY AND DETAINER. 



to 
j^7- 



Sheriff's duly. 



es under this grieved, shall issue their summons, directed to the sheriffl 
^*^^' (or coroner if the sheriff be interested,) of their county, 

commanding him to summon the person against whom 
the complaint is made to appear before such justices at a 
time and place to be stated in such summons, not more 
than twelve^ nor less than six days from the time of issuing 
ench summons, and which shall be served at least five daya 
before the return day thereof, by reading the same to the 
defendant, or leaving a copy at his place of abode; and 
the said jus^tices shall, also, at the same time, issue a pre- 
How to proceed cept to the sheriff or coroner, commanding him to summon 
summon a a jur}' of twelve good and lawful men of the county, to ap- 
pear before them, at the return of such summons, to hear 
and try the said complaint. And if any part of the jurors 
shall fail to attend, or be challenged, the said justices may 
order the sheriff or coroner to complete the number, br 
summoning and returning others forthwith. 

Sec. 3. The sheriff or coroner shall return to the said 
justices the summons and precept as aforesaid, on the day 
assigned for trial, and shall state on the back of said sum- 
mons how the same was served, and on the back of said 
precept, a list of the names of the jurors. And if the de- 
fendant does not appear, the justices shall proceed to try 
■n f A , » the said cause, ex parte, or may, in their discretion, post- 
appearing, pone the trial lor a time not exceeding ten clays; and the 
use tried ex gaid justices shall also issue subpenas for witnesses, and 
proceed in the trial of said cause, as in other cases of 
trial by jury. 

Sec. 4. No indictment or inquisition shall be necessary 
in any case arising under this act; but the justices shall set 
down in writing the complaint, under oath, particularly 
Justices to keep (Jescribing the lands, tenements, or possessions in question. 
"^^^dLf '^'°"and sha]l keep a record of the proceedings had before 
* tliem* a^nd if the iury shall find the defendant guilty, they 

shall give judgxTient thereon, for the plaintiff to have resti- 
tution of the premihC.s and his costs, and shall award their 
writ of restitution; and ii ^ verdict be given for the de- 
fendant, judgment shall be given against the plaintiff for 
costs and execution issued therefor. 

Sec. 5. If either party shall feci aggrieved by the ver- 
dict of the jury or the decision of the justices on any triai 
had under this act, he or she may have an appeal to the 
Appeals allow- circuit court, to be obtained in the same manner and tried 
**^K*^« ^^^^"in the same way as appeals from justices of the peace in 
otlier cases; and if the appeal be taken within nve daji 
after the trial had before the justices, no writ of restitution 
or execution shall be issued by them; and the circuit court, 
on giving judgment for the plaintiff, shall award a writ d 



parte. 



FRAUDS AND PERJURIES- # 313 

restitution and execution for costs, including the costs ^^-No writs^ofi^-^ 
fore the justices; and if judgment be for the defendant, g^^J^JJ^U ^ ^' 
he shall recover costs, in like manner, and have execution issued, 
for the same. 

Sec. 6. This act repeals "An act against forcible entry Act repealed. 
and detainer," approved, February 2^, 1819; but rights 
acquired under that act are not hereby affected. This 
act shall teike effect on the first day of June next. 

Approved, Feb. 2, 1827. 



FRAUDS AND PERJURIES, 

AjY act for the prevention of Frauds and Perjuries, In ^oKe Feb. 

Sec. 1. Be it enacted hy the people of the state of Illi- 
nois^ represented in the General Assembly^ That no action 
shall be brought, whereby to charge any executor or ad- ^_^^^f ^.^^ff 
ministrator upon any special promise to answer any debt not ia writing. 
or damages out of his own estate, or whereby to charge 
the defendant upon any special promise to answer for the 
debt, default, or miscarriage of another person; or to 
charge any person upon any agreement made upon con- 
sideration of marriage, or upon any contract for the sale 
of lands, tenements, or hereditaments, or any interest in, 
or concerning them, for a longer term than one year; or 
upon any agreement that is not to be performed within 
tlie space of one year from the making thereof, unless the 
promise or agreement upon which such action shall be 
brought, or some memorandum or note thereof, shall be in 
writing, and signed by the party to be charged therewith, 
or some other person thereunto, by him lawfully authorized. 

Sec. 2. Every gift, grant, or conveyance of lands, tene- Contracts, fcc. 
ments, hereditaments, goods, or chattels, or of any rent, '^''^'^ ^*''*^* 
common or profit of the same, by writing or otherwise, — 
and every bond, suit, judgment, or execution had and 
made, or contrived- of malice,, fraud, co^in, collusion, or 
guile to the intent or purpose to delay, hinder, or defraud 
creditors of their just and lawful actions, suits, debts, ac- 
counts, damages, penalties, or forfeitures, or to defraud or 
deceive those who shall purchase the same lands, tene- 
ments, or hereditaments, or any rent, profit or commodity 
out of them, shall be from thenceforth deemed and taken 
only as against the person or persons, his, her, or their 
heirs, successors, executors, administrators, or assigns, and 
every of them, whose debts, suits, demands, estates, and 



314 FRAUDS AND PERJURIES. 

interests by such guileful and covinous devices and practi- 
ces as aforesaid shall, or might be, in any wise disturbed, 
hindered, delayed, or defrauded, to be clearly and utterly 
void; any pretence, color, feigned consideration, expres- 
sing of use, or any other matter or thing to the contrary 
notwithstanding; and moreover, if a conveyance be of 
Cxjnvevance of g^ods and chattles, and be not, on consideration, deemed 
goods, chatties, valuable in law, it shall be taken to be fraudulent within 
•tc- this act, unless the same be by will, d\\\y proved and re- 

corded, or by deed in writing acknov. lodged or proved, 
if the same deed includes land, also, in such manner as 
conveyances of land are by law directed to be acknowl- 
edged or proved ; or if it be goods and chatties only, then 
acknowledged or proved by two witnesses, before any 
court of record in the county wherein one of the parties 
lives, within eight months after the execution thereof, or 
When posses- unless possession shall really and bona fide remain vvith 
•ion deemed ev- the donee; and in like manner where any loan of goods 
'^ ' and chatties shall be pretended to have been made to any 
person, with whom or those claiming under him, possession 
shall have remained for the space of five years, without 
demand made and pursued by due process at law, on the 
part of the pretended lender, or where any reservation or 
limitation shall be pretended to have been made of an use, 
or property by way of condition, reservation, remainder, or 
otherwise, in goods or chattels, the possession whereof shall 
have remained in another as aforesaid, the same shrill be ta- 
ken as to creditors and purchasers of the person aforesaid, 
so remaining in possession, to be fraudulent within this 
act, and that the absolute property is with the possession, 
unless such loan, reservation, or limitation of use or prop- 
erty were declared, by will or deed in writing, proved 
and recorded as aforesaid. 

Sec. 3. This act shall not extend to any estate or inter- 
la exienlh^^^^ ^^^ ^^ ^^y lands, goods, or chatties, or any rents common 
or profit, out of the same, which shall be upon good con- 
sideration, and bo7ia Jlcle lawfully conveyed, or assured to 
any person or persons, bodies politic, or corporate. 
. .^^^ ^j. Sec. 4. All declarations or creations of trusts or confi- 
trusts how pro- dcnccs of any lands, tenements, or heraditaments, shall be 
Yc'i. manifested and proved by some writing signed by the 

party, who is by law enabled to declare such trust, or l)y 
his last will in Avriting; or else they shall be utterly void 
and of no elTect: Provided^ that resulting trust or trusts 
created by construction, imphcation, or operation of law, 
need not be in writing, and the same may be proved by 
parol. 

Approved, Feb. 16, 1827. 



Proviso. 



FRAUDULENT DEVISES. 315 



FRAUDULENT DEVISES. 

AjY ACT to prevent Fraudulent Devises, and for other i^ force Feb. 
purposes, 28» 1333. 

Sec. L Be it enacted by the people of the state of Illi- 
nois^ represented in the General Assemble/, That all wills and Frauduleut de- 
testaments, limitations, dispositions, or appointments of, or viees. 
concerning any lands and tenements, or of any rent, profit, 
term, or charge out of the same, where of any person or per- 
8onsat the time of his, her, or their decease shall be seized 
in fee simple, in possession, in reversion, or remainder, or 
have power to dispose of the same by his,her, or their last will 
and testament, shall be deemed and taken (only as against 
the person or persons, his, her, or their heirs, successors, 
executors, administrators, or assigns, and every of them 
whose debts, suits, demands, estates, and interests by such 
^ill, testament, limitation, disposition, or appointment 
as aforesaid shall, or might be in any wise disturbed, hin- 
dered, delayed, or defrauded.) to be fraudulent, void and 
of non effect, any pretence, color, feigned, or presumed 
consideration, or any other matter oi- thing to tlie contrary 
nohvithstandins:. 

Sec. 2. Any person or persons, his, her, or their heii-s, per^oAs having 
devisers, executors, administrators, successors, or assigns, ciaima agains- 
and every of them' who shall or may have anv debts, suits, *'"^.jr''^^'l'^f 
or demands against any person or persons v/ho shall make frauduieat de« 
any fraudulent devise as aforesaid, or who have any debts, ^'^c 
Huits, or demands against any person or pertons who shall 
die intestate, and have real estate to liis, her, or their heirs, 
to descend according to the laws of this state, shall, and 
may have, and maintain the same action or actions ^^^r »«^i'-^>'Jain 
which he against executors and adniinistrators upon his, **" ^'^'^^' 
her, or their bond?, speciahties, contracts, agreements, and 
undertakings against the executors or administrators, and 
the heir or heirs, or against the executors or administrators, 
aiid the dc\dsec or devisees, or may join the executors or 
administrators, the heir, or heirs, and the devisee or devisees 
of such obligor or obligors, undertaker or undertakers ai 
aforesaid, and shall not be delayed for the nonage of any 
of the parties. 

Sec. 3. When any suit or action in lav^- or equity shall 
be brought against any heir or heirs, devisee or de\isecs, Court mar ap- 
who shall be of nonage, it shall be lawful for the court ^'°"'',^,5'^^'"''> 



to appoint a guardian, ~ad litem, for such infant heir or heirs, Zjt^f^TJkl 
devisee or devisees, and may compel the person so appoin- 



dit5 



FRAUDULENT DEVISES. 



ted to act: Provided, that hy such appointment such person 
shall not be rendered liable to pay any costs of suit. 

Sec. 4. When any lands, tenements, or hereditaments, 
Whea lands or anj rents or profits out of the same shall descend to any 
^d"th^ pS^ ^^^ ^^ ^^^^^^' ^^ ^^ de\ised to any deyisee or deWsees, and 
ai esute p^ve ^^^ personal estate of the ancestor of such heir or 
iusufficient to heirs, or devisor of such devisee or devisees, shall be insuf- 
ikSS^of^ sil^h ^^^^^*^ ^^ discharge the just demands against such ancestor, 
•aerisee. ' ^^ devisors estate, such heir or heirs, de^"isee or de\-isee3 
shall be liable to the credi:or of their ancestor or devisor, 
to the full amount of the lands, tenements, or heredita- 
ments, or rents and profits out of the same Jis may descend, 
or be devised to the said heir or heirs, de\isee or de^-isees; 
and in all cases where any heir or heirs, devisee or devisees, 
shall be hable to pay the debt or debts of his executor or 
devisor, in regard of any lands, tenements, or heredita- 
ments, or any rent or profit arising ouL of the same, descend- 
ing or being devised to him, her, or them, and shall sell, 
alien, or make over the same before any action brought, or 
process sued out against him, her, or them, such heir or 
heirs at law, devisee or devisees, shall be answerable for 
such debt or debts to the value of the said lands, tenements, 
and hereditaments, rents or profits, so by him, her, or them 
sold, ahened or made over; and executions may be taken 
out upon any judgment so obtained against such heir or 
heirs, devisee or devisees, to the value of tlie said lands, 
tenements, and hereditaments, rents^ and profits out of tlie 
same, as if the same were his, her, or their own proper 
debts, saving and excepting that the lands and tenements, 
rents, and profits by him, her, or them bona fide aliened, 
before the acion brought, shall not be liable to such exe- 
cution. 

Sec. 5. When any action or suit is brought against any 
lieir or heirs, devisee or devisees, he, she, or they may 
Hea oi riem plead riens per descent, at the time of the commencement 
p.rr descrnL q[ i\^q action or suit, and the plaintiff in such action may 
reply that he, she, or they had lands, tenements, or heredit- 
aments, or rents ot- profits out of the same from his, her, or 
their ancestor, or devisor, before the commencement of the 
action or suit, and if upon issue joined thereupon, it be 
found for the plaintiff, the jury sliall enquire of the value 
of the lands, tenements, hereditaments, or rents, and prof- 
its out of the same so descended or devised, and thereupon 
judgment shall be given, and execution awarded as afore- 
said; but if judgment be given against such heir or heirs, 
devisee or devisees, by confessing of the action without 
confessing the assets descended or devised, or ujion de- 
murrer or nihil dicit or default, said judgment shall be 



FUGITIVES FROM JUSTICE. # 317 

giren for the plaintiff without any writ to inquire of the 
lands, tenements, or hereditaments, or rents and profits out 
of the same so descended or devised. 

Sec. 6. In all cases where a judgment has heen obtain- When personal 
ed against the executor or executors, administrator or ad-^;-^^*^^^ V'^"^- 
ministrators of a deceased person on a contract or under- charge" a'Tudg- 
taking, on Avhich a joint action might have been maintain- mcnt had 
ed against the executor or executors, administrator or ad- against the ad- 
ministrators, and the heir or heirs, devisee or devisees of ^J^^q^^^'^^"^^ ^° 
the deceased person, if it shall appear bv a judgment of brought against 
record, or the return of a proper officer, that there is not the heir of tiie 
property of the deceased person in the hands of the exec- ^"^^^^^^' 
utor or executors, administrator or administrators, to satisfy 
such judgment, it shall be lawful to bring a separate suit or 
action against the heir or heirs, devisee or de\i5ees in such 
contract or undertaking; and the judgment against the ex- 
ecutor or executors, administrator or administrators, if not 
satisfied, shall be no bar to the suit or action against the 
heir or heirs, devisee or devisees. 

:>Sec. 7. If no person shall administer on the goods and ^yi^^j, 
chattels of a deceased person for the space of one year af- son shall ad- 
ter his or her death, a separate suit or action may be main- minister for tht 
tained against the heir or heirs, devisee or devisees, on all ^^^^^ °^ ^^'^^'^ 
the contracts and undertakings of such deceased person. 

Sec. 8. In all actions or suits commenced under the -uits brought 
provisions of the preceding sections, the facts authorizing "^^^^ tbisact, 
ttie suit to be brought separately against the heir or heirs, 
devisee or devisees, shall be distinctly set forth in the decla- 
ration. 

Appro^t^d, Feb. 28, 1833. 



FUGITIVES FROM JUSTICE. 

A^Y ACT concerning' Fugitives from Justice, In force June 1, 

° "^ - 1S27. 

Sec. 1. Be it enacted by the people of the state of Illi- 
nois^ represented in the General Assembly <, That whenever Fugitives ftom 
tlie executive of any other etate, or of any territory of the "'^^"^f^^^^^^^^ 
United States, shall demand of the executive of this state ^^^ 
any person as a fugitive fiom justice, and shall liavc com- 
plied with the requisitions of the act of congress in that 
case made and provided, it shall be the duty of the execu- 
tive of this state to issue his warrant under the seal of the 
state, to apprehend the said fugitive, directed to any sher- 
itT, coroner, or constable of any county of this state, or 



rilS FUGITIVES PROM JUSTICE. 

other person whom the said executive may think fit to en- : 
trust with the execution of said process: any of the said ' 
persons may execute such warrant any where within 1 
the limits of this state, and convey such fugitive to any j- 
place within this state, which the executive in his said wan- jj 
rant shall direct. | 

Fugitives from ^^^'' '^' Whenever the executive of this state shall ' 
this to other demand a fugitive from justice from the executive of any 
states how to other state, he shall issue his warrant, under the seal of 
procee . ^j^^ state, to some messenger commanding him to receive 

the said fugitive, and convey him to the sheriff of the 
proper county where the offence was committed. 

Sec. 3. The expenses v/hich may accrue under the two 
paid*"^^* °^^ foregoing sections heing first ascertained to the satisfac- 
tion of the executive, shall on his certificate be allowed 
and paid out of the state treasury, on the warrant of the 
auditor. 
VeT'ou chareed ^^^' ^* Whenever any person within this state shall be 
wiUi commis- charged upon the oath or affirmation of any credible wit- 
?ion of offences ness, before any judge or justice of the peace, with th«. 
prehcn^dc/ ^^' commission of any murder, rape, robbery, burglary, arson, 
larceny, forgery, or counterfeiting, in any other state <:>: 
territory of the United States: and that the said pei- 
son hath Hed from justice, it shall be lawful for the said judge 
or justice to issue his warrant for the apprehension of said 
person. If upon examination it shall appear to the satis- 
faction of such judge or justice, that the said person is 
guilty of the offence alledged against him, it shall be 
the duty of the said judge or justice to commit him to the 
jail of the county: or if the offence is bailable, according 
to the laws of this state, to take bail for his appearance at 
tiommitiing the next circuit court to be holden in that county. It 

r'^ducTthe cx-'^^^^^ ^^ ^^^ ^^^^J ^^ ^^^^ ^^^^ j^^g^ ^^^ justice to rcducc 
umination of the examination of the prisoner and those who bring him, 
])risoner to ^vri- to Writing, and to return the same to the next circuit court 
""•' of the county Avhcre such examination is had, as in other 

cases, and shall also send a copy of the examination and 
proceedings to the executive of this state, so soon there- 
after as may be. If in the opinion of the executive of this 
state, the examination so furnished, contains sufficient 
evidence to warrant the finding of an indictment against 
such person, he shall forthwith notify the executive of the 
state or territory, v/liere the crime is alledged to have been 
committed, of the proceedings which have been had 
against such person, and that he will deliver such person 
on demand, without requiring a copy of an indictment to 
accompany such demand; when sucli demand shall be 
made, the executive of this state shall forthwith issue 
hi? warrant under the seal of the state to the sheriff 



FUGITIVES FROM JUSTICE. ' 319 

of the county where the said person is committed or bail- 
ed, commanding him to surrender him to such messenger 
-as shall be therein named, to be conveyed out of this 
state. If the said person shall be out on bail, it shall be 
lawful for the sheriff to arrest him forthwith, any where 
within the state, and to surrender him. agreeably to said 

warrant. ^ ^ue party ap- 

Sec. 5. In cases where the parties shall have been ad-pearingatcoun 
mitted to bail, and shall appear at the circuit court accor-^"'^ "^^f"^^"^ 
ding to the condition of his recognizance, and no demand ^^^^ '^ 
shall have been made of him, it shall be in the power of 
the said court to discharge the said recognizance or con- 
tinue it according to the circumstances of the case; such 
as the distance of the place where the offender is alledg- 
ed to have been committed, the time that hath intenened 
since the arrest of the party, the strength of the evidence 
against him. In no case shall such person be held in 
prisonortobail.longer than till the end of the second term 
of the circuit court after his caption. If no demand be 
made upon the sheriff for him within that time, he shall be 
discharged from prison or exonerated from his recognizance, 
as the case may be. 

8ec. 6. If the recognizance shall be forfeited, it shall 
enure to the benefit of the state. Persons com- 

Sec. 7. In all cases where complaint shall be made as plaining agamsi 
aforesaid against any fugitive from justice, it shall be the ^o^d for coats, 
duty of the judge or justice to take good and sufficient 
security for the payment of all costs which may accrue 
from the arrest and detention of such fugitive; which se- 
curity shall be by bond, to the clerk of the circuit court, 
conditioned for the payment of costs as above; vvhich bond, 
together with a statement of the costs, which may have 
accrued on the examination, shall be returned to the office 
of the clerk of the circuit court; and upon the determina- 
tion of the proceedings against such fugitive within that 
county, the clerk shall issue a fee bill as in other cases, to 
be served on the person named in the bond, or any one of 
them; which fee bill shall be served and returned by the 
sheriff, for v, hich he shall be allowed the samx fees as are 
given him for serving notices. If the fees be not paid on 
or before the first day of the next circuit court to be holden 
in and for that county, nor any cause then shewn why 
they should not be paid, the clerk may issue an execution 
for the same against those parties on whom the fee bill has 
been served; and when the said fees are collected, shall 
pay over the same to the persons respectively entitled 
thereto. The clerk shall be entitled to fifty cents for his 
trouble in each case, besides the usual taxed fees which 
are allowed in other cases for like services; Nothing here- 



S^^O GAMING. 

in contained shall prevent the clerk from instituting suits 
on said bonds in the ordinary mode of judicial proceed- 
ings, if he shall deem it proper. 

Sec. S. If any person charged with, or convicted of 

treason, murder, rape, robbery, burglary, arson, larceny, 

(tONcrnor may fQj-orerv, or counterfeiting, shall break prison, escape, or flee 

offer rewards /. '^ .- \. , i j . i • lr^^^ 

when prisonei-s h-om justice, or abscond and secrete himself; m such cases 
escape, or so- it shall be lav/ful for the governor, if he shall judge it ne- 
^?r ^'w/"' cessar}', to offer anj' reward not exceeding two hundred 
ehargp.i with dollars, for apprehending and dehvering such person into 
cerain offences, thc custody oi' such sheriff or other officer, as he may di- 
rect. The person or persons so apprehending and deliv- 
ering any such person as aforesaid, and producing to the 
governor, the sheriff or justices' receipt for the body, it 
shall be lawful for the governor to certify the amount of 
such claim to the auditor, who shall issue his warrant on 
tlie treasury for the same. 

All laws coming within the pur\iew of this act are here- 
by repealed. This act to take effect on the first day of 
June next. 

Approved, Jan. 6, 18!27. 



GAMING. 



In force Jan. MJ\f ACT to restrain Gaming, 

16,lbJ7. 

Sec. 1. Be it enacted hy the people of the state of Illinois^ 
represented in the General Assembly^ That all promises, 
Gainmg con- notes, blljs, bonds, covenants, contracts, agreements, judg- 
ments, mortgages, or other securities or conveyances made, 
given, granted, drawn, or entered into, or executed by 
any person or persons whatsoever, where the whole, or 
any part of the consideration thereof, shall be for any 
money, property, or other valuable thing, won by any gam- 
ing, or playing at cards, dice, or any otiier game or games, 
or by betting on the side or hands of any person gaming, 
or for the reimbursing or paving any mono}- or property, 
knovtingly lent or advanced, at the time and place of such 
play, to any person or persons so gaming or betting; or 
that shall, during such play, so play or bet, shall be void 
and of no effect. 
, Sec. 2. Any person who shall, at any time or sitting, 

maThe rf^ovor- ^^>' V^^J}^^ ^^^ cards, dice, or any other game or games, or 
«d back if more by betting on the side or hands of such as do game, lose 
than $10. to any one or more persons, so playing or betting, any sum 



GAMING. 321 

or sums of money, or other valucible thing, amountitig in 
the whole to the sum of ten dollars, and shall pay or de- 
liver the same, or any part thereof, the person or persons 
so losino- and paying or delivering the same shall be at 
liberty to sue for' and recover the money, goods, or other 
valuable thing, so lost and paid or dehvered, or any part 
tliereof, or the full value of the same, by action of debt, 3^0,^,5,.^^,,.^^^, 
detinue, assumpsit, or trover, from the respective winner limis. 
or winners thereof, with costs, in any court of competent 
jurisdiction: in which action it shall be sufficient for the 
plaintiff to declare generally, as in actions of debt or as- 
sumpsit, for money had and received by the defendant to 
the plaintiff's use: or as in actions of detinue or trover 
upon a supposed finding, and the detaining or converting 
the property of the plaintiff to the use of the defendant, 
whereby an action hath accrued to the plaintiff, accord- 
ing to the form of this act, without setting forth the spe- 
cial matter. In case the person or persons who shall lose 
8uch money or other thing, as aforesaid, shall not, within suVwUhln^x 
six months, really and bona Jide^ and without covin or col- months. 
lusion, sue, and with effect prosecute, for such money or 
other thing, by him lost and paid or delivered, as afore- 
said, it shall be lawful for any other person to sue for, and 
recover treble the value of the money, goods, chatties. Any pcr«on 
and other things, with costs of suit, by special action on '"^y^"*^"»»^'«- 
tiie case, against such winner or winners aforesaid; one ^^^*^^ ^**' ^' 
half to the use of the county, and the other to the per- 
son suing. 

Sec. 3. All judgments, mortgages, assurances, bonds, 
notes, bills, specialities, promises, covenants, agreements, j^^^J^j^'^f ^^"J^^ 
and other acts, deeds, securities, or conveyances, given, in equity. 
granted, drawn or executed, contrary to the provisions of 
this act, may be set aside and vacated by any court of 
equity, upon bill filed for that purpose, by the person so 
granting, giving, entering into, or executing the same, or 
by his executors or administrators; or by any creditor, 
heir, devisee, purchaser, or other person interested therein; 
or if a judgment, the same may be set aside, on motion of 
any person aforesaid, on due notice thereof given. 

Sec. 4. No assis^nment of any bill, note, bond, cove-^^^^S'"nentnnf 
nant, agreement, judgment, mortgage, or other security or 
conveyance as aforesaid, shall, in any manner, affect the 
defence of the person giving, granting, drawing, enter- 
ing into or executing the same, or the remedies of any 
person interested therein. 

Sec. 5. In all actions or other proceedings commenced Parties entitir-w 
or prosecuted under the provisions of this act, the party *" ^ 'iJ^ov^ry. 
shall be entitled to discovery as in other actions, and ail 



322 HABEAS CORPUS. 

persons shaJl be obliged and compelled to answer, upon 
oath, such bill or bills as shall be preferred against them 
for discovering the sum or sums of money, or other thing 
so won as aforesaid. Upon the discover}^ and repayment 
of the money, or other thing so to be discovered and re- 
paid, the person or persons who shall discover and repay 
the same, as aforesaid, shall be acquitted, indemnified, 
and discharged from any other or further punishment, 
forfeituFC, or penalty, which he or they might have incur- 
red, by the playing for, or winning such money or other 
thiTiQ, so discovered or repaid as aforesaid. All acts and 
repea e . ^^^^^ ^^ ^^^^ coming wlthin the provisions of this act, are 
hereby repealed. 

Approved, Jan. 16, 1827. 



HABEAS CORPUS. 



Inforce June 1, 

1827. Aj\A CT regulating theproceeding on writs of Habeas Corpus, 

Sec. I. Be it enacted by the people of the state of Illinois^ 
represented in the General Assembly^ That if any person 
Applications shall be, or stand committed, or detained for an}' criminal 
for habeas cor- or supposed criminal matter, it shall and may be lawful for 
ivhom^nade ^^ ^^"^ ^^ '•^PP^' ^^ ^^^^ supreme or circuit courts in term time, 
or any judge thereof, in vacation, for a writ of habeas eor^ 
pus, which application shall be in writing, and signed by 
the prisoner, or some person on his or her behalf, setting 
forth the facts concerning his imprisonment, and in v/hose 
custody he is detained; and shall be accompanied by a 
copy of the warrant or warrants of commitment, or an af- 
fidavit that the said copy had been demanded of the per- 
son in whose custody the prisoner is detained, and by him 
refused or neglected to be given; the said court or judge, 
to whom the said application shall be made, shall forth- 
with award the said writ of habeas corpus, unless it shall 
appear from the petition itself, or from the documents an- 
nexed, that the party can neither be discharged nor ad- 
J'wccediiigs flitted to bail, nor in any other manner relieved. Which 
wicreoi;. said writ,if issued by the court, shall be under the seal of 

the court; if by a judge, under the hand of the judge^^ 
and shall be directed to the person in whose custody the 
prisoner is detained, and made returnable forthwith; 
to the intent that no officer, sheriff, jailer, keeper, or other 
person, to whom such writ shall be directed, may pretend 
ignorance thereof, every such writ shall be endorsed with 



HABEAS CORPUS. 323 

these words, "by the habeas corpus act;" and whenever 

the said writ shall by any person be served upon the 

sheriff, jailer, keeper, or other person whatsoever, to 

whom the same shall be directed, or being brought to 

him, or being left with any of his under officers or depu- Officer having 

ties at the lail, or place where the prisoner is detained, ^"=^°^y°^P^^^" 

^ /> 1 • ^ 1 cv \ J- 1 11 ' oner, to bring 

he, or some ot his under ornceTs or deputies shall, upon jj^e body before 
payment or tender of the charges of bringing the said the judge or 
prisoner, to be ascertained by the court or judge award- *^^"^^ J'^*^^^ 
ing- the said writ, and indorsed thereon, not exceedingj^ot over 20 
ten cents per mile; and upon sufficient security given to miles, and not 
pay the charges of carrying him back, if he shall be re- ^.'^^'^'^ ??^' ,,. 

*^'',, ,o , *^/.^i ., 11. then within 10 

manded, make return oi such writ, and bring, or cause ^ajs, if over 
to be brought, the body of the prisoner before the court lOb, then in 
or judge who granted the said writ; or in case of the ad-^^'^^y^* 
journment of the said court, or absence of the judge, then 
before any other of the judges aforesaid, and certify the 
true cause of his imprisonment within three days there- 
after, unless the commitment of such person be in a place 
beyond the distance of twenty miles from the place where 
the writ is returnable: if beyond the distance of twenty 
miles, and not above one hundred miles, then mthin ten 
days; and if beyond the distance of one hundred miles, 
then within twenty daj's after the delivery of the writ as 
aforesaid, and not longer- 

Sec. 2. Where any person not being committed or de- 
tained for any criminal, or supposed criminal matter, ^°^^ °^^^"^^^ 
shall be confined, or restrained of his or her liberty, un- jg coSine j^ and 
der any color or pretence whatever, he or she may apply not for a crimi- 
for a writ of habeas corpus, as aforesaid, which application"^^ matter. 
shall be in writing, signed by the party, or some person 
on his or her behalf, setting forth the facts concerning 
his or her imprisonment, and wherein the illegality of 
such imprisonment consists, and in whose custody he or 
she is detained; which application, or petition, shall be 
verified by the oath or aflirmation of the party applying, 
or some other person on his or her behalf; if the con- 
finement or restraint is by virtue of any judicial writ or 
process, or order, a copy thereof shall be annexed there- 
to, or an affida^dt made that the same had been demand- 
ed and refused: the same proceedings shall thereupon 
be had in all respects, as are directed in the preceding 
section. 

Sec. 3. Upon the return of the writ of habeas corpus, 
n day shall be set for the hearing of the cause of impris- ^P°" ):''^ ^- . 
onment or detainer, not exceeding five days thereafter, J,"hen°[o'?^'''''^ 
unless the prisoner shall request a longer time. The heard. 
said prisoner may deny any of the material facts set forth 
29 



324 HABEAS CORPUS. 

Priconer may jn the return, or may allege any fact to shew, either thai 

in"hemum!^ ^^^ imprisonment or detention is unlawful, or that he is 
then entitled to his discharge; which allegations or de- 
nials shall he made on oath. The said return may be 

^e'LTend'ed! amended by leave of the court or judge, before or after 
the same is filed, as also may all suggestions made against 
it, that thereby material facts may be ascertained. The 

Couit or judge g^^jj court or jud^e shall proceed in a summary way to 

to proceed ill a , , ,,J^ ^ i i • .i , .- J J ^ 

summary way. Settle the Said lacts, by hearing the testimony and argu- 
ments, as well of all parties interested civilly, if any there 
be, as of the prisoner, and the person who holds him in 
custody, and shall dispose of the prisoner as the case may 
Prisoner in cus- ''-fl^^i'c. If it appear that the prisoner is in custody b\ 
lodyon process, virtue of proccss from any court, lejjally constituted, he 
for what causes (,jjj^ j^^ discharged only for some of the following cause?; 
cfaTged. ^ ^^' first, where the court has exceeded the hmits of its juris- 
diction, either as to the matter, place, sum, or person 
second, v/here, though the original imprisonment war 
lawful, yet by some act, omission, or event, v/hich has 
subsequently taken place, the party has become entitled 
to his discharge; third, where the process is defective in 
some substantial form required by law; fourth, when 
the process, though in proper form, has been issued in r. 
case, or under circumstances where the law does no: 
allow process, or orders for imprisonment or arrest Ic 
issue; fifth, where, although in proper form, the proce-; 
has been issued or executed by a person either unauthor- 
ized to issue or execute the same, or Avhere the person 
having the custody of the prisoner under such process is 
not the person empowered by law to detain him; sixth, 
where the process appears to have been obtained h\ 
false pretense or bribery; seventh, where there is nc 
general law, nor any judgment, order, or decree of a 
court, to authorize the process, if in a civil suit, nor any 
conviction, if in a criminal proceeding. No court or 
Judgments, &c. im]nre on the return of a habeas corpus, shall, in any other 

not to b&mqui-'' P ' . • • . .i i tx • \- c • t j. 

red into. matter, inquire into the legality or justice ot a judgment 

or decree of a court legally constituted. In all cases 
Not to dis- wher43 the imprisonment is for a criminal, or supposed 
formimy' bJt criminal matter, if it shall appear. to the said court or 
to recommit, judgc, that there is sufiicient legal cause for the commit- 
ment of the piisoner, although such commitment may 
have been informally made, or without due authority, 
or the process may have been executed by a person not 
duly authorized, the court or judge shall make a new 
commitment, in proper form, and directed to the pro- 
per officer, or admit the party to bail, if the case be 
bailable. 



HABEAS CORPUS. , * 325 

Sec. 4. When any person shall be admitted to bail, on Prisonei when 
habeas corpus, he shall enter into recognizance with one gg^cidty irhis 
or more securities, in such sum as the court or judge appearance. 
shall direct, having regard to the circumstances of the 
prisoner, and the nature of the offence, conditioned for 
iis or her appearance at the next circuit court, to be 
Itolden in "and for the county where the offence was corn- 
pitted, or where the same is to be tried: where any 
court or judge shall admit to bail, or remand any prison- 
ex brought before him or them, on any writ of habeas 
corpus, it shall be the duty of the said court or judge to 
bind all such persons as do declare any thing material to Witness to be 
prove the otfence with wjiich the prisoner is charged, by J^ecogmzed. 
recognizance, to appear at the proper court having cog- 
nizance of the offence, on the first day of the next term 
thereof, to give evidence touching the said offence, and 
not to depart the said court without leave; which recog- 
nizance, so taken, together with the recognizance entered 
into by the prisoner when he is admitted to bail, shall be 
certified and returned to the proper court on the first 
day of the next succeeding term thereof. If any such 
witnesses shall neglect or refuse to enter into a recogni- 
zance as aforesaid, when thereunto required, it shall be 
lawful for the court or judge to commit him to jail until 
he shall enter into such recognizance, or be otherwise Witnesses not 
discharged by due course of law; if any judge shall neg-^oaSnce '^' 
lect or refuse to bind any such witness or prisoner, by may be com- 
recognizance as aforesaid, or to return any such recog- fitted. 
nizance, when taken as aforesaid, he shall be deemed 
guilty of a misdemeanor in office, and be proceeded 
against accordingly. 

Sec. 5. Where any prisoner, brought up on a habeas 
corpus, shall be remanded to prison, it shall be the duty .^^^^^^ prisoner 
of the court or judge remanding him, to make out and dVty^'if'judge. 
deliver to the sheriff, or other person, to whose custody 
he shall be remanded, ap order in writing, stating the 
cause or causes of remanding him. If such prisoner 
shall obtain a second writ of habeas corpus, it shall be y/henasecond 
the duty of such sheriff or other person to ^vhom the wriUs obtained 
same shall be directed j to return therewith the order ^°^^ ^° P'^^^^^^- 
aforesaid; and if it shall appear that the said prisoner 
was remanded for an otlence adjudged not bailable it 
shall be taken and received as conclusive, and the pris- 
oner shall be remanded without further proceedino-s. 

Sec. 6. It shall not be lawful for any court or Judge, pnsoner not 
on a second writ of habeas corpus, obtained by such pris- to^brdLchirg- 
oner, to discharge the said prisoner, if he is clearly and ^^'' ^^ specially 
specifically charged in the warrant of commitment with "h'T"^ '"^^'^^ 



32S -HABEAS CORPUS. 

Siiedif baila-^ ^^^"^^"^^ ojfTence; but the said court or judge shall, oi) 
bie, &c. ^^^^ return of such second writ, have power only to admit 

such prisoner to bail, where the offence is bailable by 
law, or remand him to prison where the offence is not 
bailable ; or being bailable, where such prisoner shall 
fail to give the bail required. 

Sec. 7. No person who has been discharged by order 
dischaTednot ^^ -^ ^^^^^^ ^^ j^^g^, on a habeas corpus^ shall be again im- 
to be^a|aiiiTm- P^'^^^^^^^' restrained, or kept in custody, for the same 
prisoned for the cause, unless he be afterwards indicted for the same of- 

TnTcleT^fcc ^^^^^^' ^^ ""^^^^ ^^ *^^^ ^^^^^ ^^^^^ ^^ process of the court 
m !cte , -c. ^.i^gi-gjj^ j-jg jg })Qm;i(j |3j recognizance to appear. The 

What shall not f^^^^^^'^^g ^^^^^ nc>t be deemed to be the same cause: first, 
be deemed the ^^ after a discharge for a defect" of proof, or any material 
same cause, defect in the commitment in a criminal case, the prisoner 
should be again arrested on sufficient proof, and commit- 
, ted by legal process for the same offence; second, if in a 

civil suit the party has been discharged for any illegality 
in the judgment or process, and is afterwards imprisoned 
b}^ legal process for the same cause of action ; third, gen- 
erally, whenever the discharge has been ordered on ac- 
count of the non-observance of any of the forms required 
by law, the party may be a second time imprisoned, if 
the cause be legal, and the forms required by law 
observed. 
When prison- ^^^' S* No person shall be discharged under the pro- 
ers shall not be visions of this act who is in custody under a commitment. 
discharged. foj. ^ny offence exclusively cognizable by the courts of 
the United States, or by order, execution, or process issu- 
ing out of such courts, in cases where they have juris- 
diction, or who is held by virtue of any legal engagement 
or enlistment in the arm}', or who being subject to the 
rules and articles of war, is confined by any one legally 
acting under the authority thereof,, or who is held as pris- 
oner of war under the authority of the United States, or 
who is in custody for any treason, felony, or other high 
misdemeanor, committed in any other state or territory 
of the United States, and who, by the constitution and 
laws of the United States, ought to be delivered up to the 
executive power of such state or territory; nor shall any 
negro or mulatto, held as a slave within this state, try his 
right to freedom, or be discharged from slavery under the 
provisions of this act, but for that purpose shall be put to 
his suit for freedom. 

Sec. 9. If any person shall be committed for a crimi- 

When he may fij^]^ Qj. g^ppQg^ J criminal matter, and not admitted to 

for delay! ^^^il? ^^^ shall not be tried on or before the second term 

of the court having joiisdiction of the offence, the pris- 



HABEAS CORPUS. 327 

otier shall be set at liberty by the court, unless the delay 
shall happen on the application of the prisoner. If such 
court, at the second term, shall be satisfied that due ex- 
ertions have been made to procure the evidence for, 
and on behalf of the people, and that there are reasona- 
ble grounds to believe that such evidence may be procu- 
red at the third term, they shall have power to continue rp^..^^ ^^^^ ^^ 
such case till the third term. If any such prisoner shall continued to a 
have been admitted to bail for a crime other than a cap- third term. 
ital offence, the court may continue the trial of said cause 
to a third term, if it shall appear by oath or affirmation 
that the witnesses for the people of the state are absent, 
such witnesses being mentioned by name, and the court 
shewn wherein their testimony is material. 

Sec 10. To prevent any person from avoiding or de- Removals for 
laying his trial, it shall not be lawful to remove any pris- "^^^^5'- 
oner on habeas corpus under this act, out of the county 
in which lie or she is confined, within fifteen days next 
preceding the term of the court at which such person 
ought to be tried, except it be to convey him or her into 
the county where the oftence with which he or she stands 
charged is properly cognizable. 

Sec. II. Any person being committed to any prison. Removals from 
or in the custody of any officer, sheriff, jailer, keeper, or°"^ P^'^°\^^ 
other person, or his under omcer or deputy, lor any crim- allowed, must 
inal, or supposed criminal matter, shall not be removed be by legal 
frcm the said prison or custody into any other prison or 
custody, unless it be by habeas corpus^ or some other legal 
writ, or where the prisoner shall be delivered to the con- 
stable, or other inferior officer, to be carried to some com- 
mon jail, or shall be removed from one place to another, 
within the county, in order to his discharge or trial in 
due course of law, or in case of sudden fire, infection, or 
other necessity, or where the sheriff shall commit such 
prisoner to the jail of an adjoining county, for the want 
of a sufficient jail in his own county, as is provided in the 
act concerning jails and jailers, or where the prisoner, in 
■ pursuance of a law of the United States, may be claimed 
or demanded by the executive of any of the United States 
or territories. If any person or persons shall, after such 
commitment as aforesaid, make out, sign, or countersign, 
* any warrant or warrants for such removal, except as be- „ 
' fore excepted, then he or they shall forfeit to the prisoner jegi'^'^^^^^^^^^^ 
or party aggrieved, a sum not exceeding three hundred 
dollars, to be recovered by the prisoner or party aggriev- 
ed, in the^ manner hereinafter mentioned. 

^T""' yi^^"^^^ j"^^^ empowered by this act to issue Refusal to issue 
writs 01 habeas corpus^ who shall corruptly refuse to issue writ. 
29* 



writ, except m 
certain cases. 



328 HABEAS CORPUS. 

such writ, when legally applied to, in a case where such 
writ may lawfully issue, or who shall, for the purposes of 
oppression, unreasonably delay the issuing of such writ, 
shall, for every such offence, forfeit to the prisoner or par- 
ty aggrieved, a sum not exceeding five hundred dollars. 
Liabiiit of ^^^* ^^' ^^ ^^^ officer, sheriff, jailer, keeper, or otlier 

officers 'refusing person, to whom any such writ shall be directed, shall 
to obey and re- ncglcct or rcfusc to make the returns as aforesaid, or to 
turn the urit. luring the body of the prisoner according to the command 
of the said writ, within the time required by this act, all. 
and every such officer, sheriff, jailer, keeper, or other per- 
son, shall be guilty of a contempt of the court or judge 
who issued said writ; whereupon,.the said court or judge 
may, and shall issue an attachment against such officer, 
sheriff, jailer, keeper, or other person, and cause him or 
them to be committed to the jail of the county, there to 
r«3main without bail or mainprize, until he or they shall 
obey the said writ; such officer, sheriff, jailer, keeper, or 
other person, shall also forfeit to the prisoner or party 
aggrieved, a sum not exceeding five liundred dollars, and 
shall be incapable of holding or executing his said office. 
Sec. 14. Any one having a person in his custody, or 
Reraoving pns- ^nder his restraint, power, or control, for whose relief a 
the wnt, "^'ri^ of habeas corpus is issued, who, with intent to avoid 

the effect of such v,'rit, shall transfer such person to the 
custody, or place him or her under the control of an- 
other, or shall conceal him or her, or change the place of 
liis or her confinement, with intent to avoid the opera- 
tion of such writ, or with intent to remove him or herout 
of the state, shall forfeit for every such offence one thou- 
sand dollars, and may be imprisoned not less than one 
year, nor more than five years. In any prosecution for 
the penalty incurred under this section, it shall not be 
necessary to show that the writ of habeas corpus had issued 
at the tim.e of the removal, transfer, or concealment 
therein mentioned, if it be proven that the acts therein 
forbidden were done with the intent to avoid the opera- 
tion of such writ. 

Sec. 15. Any sheriff, or his deputy, any jailer, or cor- 
fa's"i?fo "he''o"^^' having custody of any prisoner, committed on any 
prisoner'a°copy civil or criminal proccss, of any court or magistrate, who 
of commitment. g\^^\\ neglect to give surh prisoner a copy of the process, 
order, or commitment, by virtue of which he is imprison- 
ed, within six liours after demand made by said prisoner, 
Penalty for ar- OF anv one on his behalf, shall forfeit five hundred dollars. 
resting a person Sec. 16. Any pcrson who, knowing that another has 
ihat has been ^^^^ discharged by order of a competent judge or tribu- 
oncechscharg- ^^^ ^ j^^^^^^^^ ^l^^jj^ contrary to the provisions of 



HABEAS COEPUS. 329 

this act, arrest or detain him again for the same cause, 
which was shown on the return of such writ, shall forfeit 
five hundred dollars for the first offence, and one thousand 
dollars for every subsequent offence. 

Sec. 17. All the pecuniary forfeitures incurred under For whose ben- 
this act, shall inure to the use of the party for whose ben-^^t the forfeit- 
efit the writ of habeas corpus issued, and shall be sued for^^^Jg"" ^^ ^ ^^ 
and recovered, with costs, by the attorney general, ot j^^^^^^^ gg^g_ 
circuit attorney, in the name of the state, by information; ml and circuit 
and the amount, when recovered, shall, without any de- attorneys to 
duction, be paid to the party entitled thereto. • piosecu e. 

^,. Sec. 18. In any action or suit for any offence ^g^^inst jsgy!;*i^a^J|je 
the provisions of this act, the defendant or defendants pleaded in ac- 
may plead the ge^ral issue, and give the special matter t^°"s under this 
in evidence. ^ 

Sec. 19. The recoverv of the said penalties shall be?'^°''^7.f° 

^ , . ., ., ^ -^ ^ bar to civil ac- 

no bar to a civil suit for damages. tions. 

Sec. 20. The supreme and circuit courts within this 
state, or the judges thereof, in vacation, shall have power Habeas corpus, 
to issue writs of habeas corpus^ for the purpose of bring- ^||jjj^^^^'j^"~ 
ing the body of any person confined in any jail within 
the same before them, to testify, or be surrendered, in 
discharge of bail. When a writ of habeas corpus shall 
be issued for the purpose of bringing into court any per- 
son to testify, or the principal to be surrendered in dis- 
charge of bail, and such principal or witness shall be 
confined in anj^ jail in this state, out of the county in 
which such principal or witness is required to be surren- 

1 dered or to tesliij, the writ may run into any county in 
this slate, and there be executed and returned by any 
officer to whom it shall be directed; and the principal, 
after being surrendered, or his bail discharged, or a per- 
son testifying as rJoresaid, shall, hj the officer executing 
such writ, he returned to the jail from whence he was 
taken, by virtue of an order of the court, for the purposes 
aforesaid; an attested copy of which, lodged with the 
jailer, shall exonerate such jailer from being liable for 
an escape. The party praying out such v/rit of habeas 
corpus shall pay to the officer executing the same, such 

! reasonable sum for his services as shall be adjudged by 

\ the courts respectively. This act to take effect on the 

j %st day of June. 

' Approved, January 22, 1827. , 



830 



HORSES. 



HORSES. 



In force, 
JuneI, 1829. 



Horses running; 



Notice to 
owner. 



a warrant 
geld. 



AN ACT for improving the breed of Horse s» 

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

•z>, represented in the General Assembly^ That it shall and 

§ may be lawful for any person to take up any stoned 

at large may i "^ .i , i /• i • i i , c ,^ • 

be taken up. "Orse that may be lound running at large out of the \r\- 
closureof the owner or keeper, more than one year old, 
the and shall give notice thereof to the owner or keeper; 
and if such owner or keeper shall not take away, or 
Duty of taker secure the same, allowing him one day for every fifteen 
"^* miles he may reside from such tak^ up, the taker up 

shall take or show the same to a justice of the peace 
within the county, and if it shall appear to such justice, 
that said horse is more than one year old, he shall issue 
Justice to issue j^jg ^yarrant to some person skilled in the business, to 
geld such stoned horse; or the same may be shown by 
the taker up, to any horse farrier, or other person of tlie 
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 certificale relative to the age 
thereof, and the taker np may then take said horse to 
some person skilled as aforesaid, and have the same gel- 
ded, and in performing the operation, reasonable care 
shall be taken to preserve the life of the animal; but 
should the owner not be known to the taker up, he shall 
advertise the same in three of the most public places in 
the county, for ten days, giving a true description there- 
of; and if no owner, or person on his behalf, shall by that 
time appear, and take charge of said horse, such taker 
up may proceed as above directed, and have the same 
gelded; and the owner shall paj^to the taker up the sum 
Owner to pay of two dollars, together witli reasonable charges for ad- 
expenses, vertising and keeping the same, if the same be adverti- 
sed, 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, 
which may accidentally break out of, or from the pos- 
session of the owner or keeper, and found running at 
To be taken to large: in that case the same shall be taken to the owner 
Uie owner. ^j. deeper, without unnecessary delay, and the owner or 
^^JJjgg^^^" P^y keeper shall thereupon pay such person so taking up and 
delivering the said horse, the sum of two dollars; and 



Care to pre- 
sence life. 



Owner un- 
known, horse 
to be adverti- 
sed. 

Owner not 
appearing. 

Horse to be 
gelded. 



Horses acci- 
dentally 
breaking 
away. 



ejxpense. 



HORSES. . 331 

should the trouble and expense of taking up, keeping 
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 taking up and delivering; 
but if the owner or keeper of any stoned horse, whether Running at 
he be kept for covering mares or not, shall negligently J.^^§®^y s"^- 
or willfully suffer the same to run at large, out of his 
inclosure, any person may take such horse up, and forth- 
with have the same gelded, by some person skilled in the'^^^® gelded, 
business, which shall be done carefully, and the owner 
or keeper shall pay to such taker up, the sum of ^ve^^®'^ to pay 
dollars; the taker up paying the fee or charge for geld- 
ing; and the owner or keeper shall, moreover, be liable 
for, and pay all damages which any person may sustain, '^'^ damages, 
inconsequence of such horse running at large; and if 
any horse shall die, or be injured in consequence of such Gelded horses 
gelding, the same being carefully done by a person skil-'^^S« 
led in the business, as above contemplated, the owner or 
keeper thereof shall have no recourse whatever for dam- 
ages upon such taker up, or person who shall have geld- 
ed the same. 

Sec. 3. If the owner or keeper of any horse, or other 
person in his behalf, shall not appear and take charge of Owner not ap- 
the same, after being altered as aforesaid, the taker upP^^^^^^^s^ horse 
shall take care of, feed, and nourish the same, until said ^are of. 
horse shall have recovered, and shall then turn the same 
out, and the owner shall pay to such person a reasonable 
sum in money therefor. 

Sec. 4. If any person shall suffer to run at large, or 
keep in any place where other creatures can have ac- 
cess 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 afflicted Glanders, dis- 
with glanders, distemper, or any other infectious disease, temper, &c. 
he shall be fined in the sum of twenty dollars, and shall 
be liable to pay all the damage that may result from ^^^^^^f ^ °^ 
such running at large, of such afflicted horse, mare, geld- 
ing, mule, or ass, to be recovered before any justice of 
the peace in the county, if the sum of damages be under 
one hundred dollars, otherwise in the circuit court. 

Sec. 5. Any person letting any staUion to any mare, 
within any town or village in this state, the same not Indecency in 
being incorporated, or immediately in the vicinity there- ^^"^"^ ^^^^^^ 
of, that may expose such conduct to public view, shall 
be Uable to pay a fine not exceeding five dollars, at the How punished, 
discretion, of any justice of the peace, to whom com- 
plaint shall be made, with costs of prosecution. 

Bbc, 6. All sums or penalties incurred under the pro- 



332 IDIOTS, LUNATICS, dsc. 

Fines recover- visions of this act, provided the same do not exceed one 
ed^before jusu- j^^^j^^j dollars, shall be recovered before any justice 
Or circuit of the peace; if above that, in the circuit court; and 
court. appeals shall be allouxd, as in other cases, to said court. 

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

This act to take effect on the first day of June next. 
Approved, Jan. 3, 1829. 



IDIOTS, LUNATICS, &c. 

In force Feb. /i-»i* /,ryrn 

12, 1823. AJ\ ACT regulating the estates of Idiots, Lunatics^ and 

persons distracted, and for other purposes. 

Sec. L Be it enacted hy the people of the state of Illinois^ 

Creditors or represented in the General Assembly, That whenever any 

relations may idiot, lunatic, or distracted person has any estate, real 

asceitai"!" ii per- ^'^ personal, the judge of the circuit court of the county 

sons be idiots, in which such idiot, lunatic, or distracted person lives, 

^^' shall, on the application of any creditor or relation, or 

if there be neither creditor nor relation, then any person 

living in such county, order a jury to be summoned, to 

ascertain whether such person be a lunatic, 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 fit 

person to be the conservator of such idiot, lunatic, or 

distracted person. 

Sec. 2. Be it further enacted, That the conservator of 
Security to be such estate, so appointed, shall enter inVo bond with suf- 
given by con-^^,jg^|- security, to be approved by the said judge, to the 
treasurer of the county in which such idiot,lunatic.or dis- 
tracted person resides, in double the amount of such 
estate, for the faithful discharge of his duty. 

Sec 3. Be it further enacted. That such conservator 
Inventory- to be~shal I have the entire care of the estate of such idiot, 
made, and re- lunatic, or distracted person, both real and personal; and 
turned to circuit gy^,|^ Conservator shall forthwith make a true and perfect 
inventory of said estate, and return the same into the of- 
fice of the clerk of the circuit court of said county, 
where it shall be kept on file; and shall render his ac- 
count 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. 



IDIOTS, LUNATICS, &c. 333 

And said court shall have power to remove such conser- 
vator for neglect of duty, or mismanagement of his trust, 
and appoint another in his place. 

Sec. 4. Be it further enacted, That it shall be the du- 
ty of such conservator to apply the annual income and Income of pro- 
■ the profits thereof, to the sup])ort of such idiot, lunatic , ^^^ ^° ^^ ^P" 
or distracted person, his or her family. He shall have and educate^ 
^ower to collect all debts^due to such person, and to in- cWidren. 
stitute suits for that purpose, and to adjust and settle all 
accounts and debts due from him or her: he may sell or 
dispose of the personal estate to pay his or her debts, or 
to support him or her, or his or her families, and to edu- 
cate the children of the san^e. 

Sec. 5. Be it further enacted^ That the said conserva- 
tor may sue and be sued, in every instance, as the repre- ^oi^sen-ators 
sentative of the person so insane, lunatic, or distracted, J^^^^^^^^ ^^^ 
and execution may issue in the name of, and against the property may 
said conservator, as representative as aforesaid; and all tie sold. 
the property of such person may be sold to pay his or 
her just debts, that might or could be sold in other cases. 

Sec. 6. Be it further enacted, That the overseers of 
the poor in every county, shall take charge of the ^'^^^s^^'^s o^ 
body of any person so insane, lunatic, or distracted, find ^har^^of^^^ 
shall have power to confine him or her, and shall com- idiots, 
fortably support such person, and make out an account 
thereof, and return the same to the county commission- 
ers' court, whose duty it shall be to make an order, er- 
quiring the treasurer of said county to pay the same 
out of any money in the treasury of said county not oth- 
erwise appropriated. 

Sec. 7. Be it further enacted, That if such person, as 
aforesaid, shall be restored to his or her reason, then ^^^^^^^ being 
what remains of his or her property and estate, shall be'eas^on^ohave 
returned to him or her; or in case of his or her death, possession of 
to his or her heirs, executors, or administrators, after a ^^^^"^ P'^^P^^y* 
j*easonable allowance to said conservator for his services, 
to be ascertained by the judge of sjiid court. 

Approved, February 12, 1823. 



334 



ILLEGITIMATE CHILDREN. 



In force Jan. 
19, 1831. 



Not to be dealt 
with. 



Dealing with 
them deemed 
swindling. 



Certificate. 



AJV ACT further to secure the property of Idiots^ Lunatics^ 
and distracted persons. 

Sec. 1. Be it enacted hy the people of the state of Illinois^ 
represented in the General Assembly^ That any person or 
persons, who shall trade with or credit any idiot, lunatic, 
or distracted person, either by note, bond, bill, or other- 
wise, all such contracts, or obligations shall be void. 

Sec. 2. If any person or persons, shall, by trading 
with, bartering, gaming, or any other device, possess him- 
self", or herself, or themselves, of any property or valuable 
thing, belonging to any idiot, lunatic, or notoriously dis- 
tracted person, he, she, or they shall be deemed guilty 
of swindling, and upon conviction thereof shall be liable 
to all the penalties as in other cases of swindling, and 
any person may appear and prosecute with effect. 

This bill having remained with the council of revision 
ten daj s, Sundays excepted, and the general assem- 
bly being in session, it has become a law, this 19th 
day of January, 1831, 

A. P. FIELD, 
Secretary of State* 



ILLEGITIMATE CHILDREN. 

In force July ^^j\' ^QT to provide for the maintenance of Illegitimate 
^' ^^^^- Children. 



dy. 



Sec 1. Be it enacted by the people of the state of Illinois, 
represented in the General Assembly, That when any un- 
faTe^orSaT- carried woman, who shall be pregnant or <[lehvered of 
a child, which by law would be deemed a bastard, shall 
make complaint to any one or more of the justices of the 
peace of the county where she may be so pregnant or de- 
livered, and shall accuse, under oath or affirmation, any 
person with being the father of such child, it shall be the 
duty of such justice or justices to issue a warrant, direct- 
ed to the sheriff or any constable of such county, against 
the person so accused, and cause him to be brought forth- 
with before him or them. Upon his appearance, it shall 
be the duty of said justice or justices, to examine the 
said woman, upon oath or affirmation, in the presence of 
the man alleged to be the father of the child, touching 



Warrant. 



Trial. 



ILLEGITIMATE CHILDREN. '335 

the charge against him. If the said justice or justices 

shall be of opinion that sufficient cause appears, it shall 

be his or their duty to bind the person so accused, in 

bond, with sufficient and good security, to appear at the Recognizance. 

next circuit court to be holden for said county, to answer 

to such charge ; to which such court said warrant and bond 

shall be returned. On neglect or refusal to give such 

bond and security, the justice or justices shall cause such 

person to be committed to the jail of the county, there to 

be held to answer such complaint. 

Sec. 2. The circuit court of such county, at their said j^^^^^ ^^ ^.^.^.^.^ 
next term, shall have full cognizance and jurisdiction of court. 
the said charge of bastardy, and shall cause an issue to 
be made up, whether the person charged as aforesaid, is 
the real father of the child or not, w-hich issue shall be Trial there. 
tried by a jury. Such inquiry shall not be ex parte^ 
when the person charged shall appear and deny the 
charge; but he shall have a right to appear and defend 
himself by counsel, and controvert, by all legal evidence, 
the truth of such charge. 

Sec. 3. If at the time of such court, the woman be 
not delivered, or be unable to attend, the court shall or- . 
der a recognizance to be taken of the person charged as 
aforesaid, in such an amount, and with such sureties as the 
court may deem just, for the appearance of such person 
at the next court, after the birth of her child ; and should 
such mother not be able to attend at the next term, after 
the birth of her child, the recognizance shall be contin- 
ued until she is able. ' 

Sec. 4. On the trial of every issue of bastardy, the Mother a coin- 
mother shall be admitted as a competent witness, and her P^^^''^^'''^"®"* 
credibility shall be left to the jury. She shall not be ad- 
mitted as a witness, in case she has been duly convicted 
of any crime, which would by law disqualify her from 
being a witness in another case. 

Sec. 5. In case the issue be found against the defend- 
ant, or reputed father, or whenever he shall, in open 
court, have confessed the truth of the accusation against 
him, he shall be condemned by the judgment of the said Judgment. 
court, to pay such sum of money, not exceeding fifty dol- 
lars, yearly, for seven years, as in the discretion of the 
said court may seem just and necessary for the support, 
maintenance, and education of such child; and shall, 
moreover, be adjudged to pay all the costs of the prose- 
cution, for which execution shall issue, as in other cases 
of costs. The said defendant, or reputed father, shall Repm-d father 
^give bond and security for the due and faithful payment to give^ond. 
of such sum of money, as shall be ordered to be paid by 



336 * ILLEGITIMATE CHILDREN. 

the said court, to be paid by him for the period afore-* 
said; which shall be made payable quarter yearly to the 
judge of the court of probate, and his successor in office, 
Duty of judge for the county in which the prosecution aforesaid was 
of probate. commenced; and the same, when received, shall be laid 
out and appropriated, from time to time, by the said 
judge, under his order and direction, for the purposes 
aforesaid; in case the defendant or reputed father 
shall refuse or neglect to give such security as may be 
ordered by the court, he shall be committed to the jail 
of the county, there to remain until he shall comply with 
such order, or until otherwise discharged by due course 
How the bond of l^w: Provided^ always^ That the said reputed father, 
inaybedis- after giving bond with approved security, to the court of 
charged. probate in said county, conditioned for the suitable main- 

tenance of any such child, for the term aforesaid, shall 
be permitted to take charge and have the control of his 
said child; and from the time of the said father taking 
charge of such child, or should the mother refuse to sur- 
render the said child, when so demanded by the said fa- 
ther, then and from thenceforth the said father shall be 
released and discharged from the payment of all such 
sum or sums of money as may thereafter become due 
against the said father, for the support, maintenance, and 
education of any such child. If the said child should 
never be born alive, or being born alive, should die at 
any time, and the fact shall be suggested upon the 
record of the said court, then the bond aforesaid shall 
from thenceforth be void. But when a guardian shall 
be appointed for such bastard, the money arising from 
such bonds shall be paid over to such guardian. 
Reputed father Sec. 6. If upon the trial of the issue aforesaid, the 
acquitted, mo- jm-y shall find that the child is not the child of the defend- 
'c''osL!°^^^^^'^ ant, or pretended father, then the judgment of the court 
shall be that he be discharged. The woman making the 
complaint shall pay the costs of the prosecution, and 
judgment shall be entered therefor, and execution may 
thereupon issue. 

Sec. 7. If the mother of any bastard child, and the 
Interniaray, reputed father, shall at any time after its birth, inter- 
ilgitlmrtr'^ marry, the said child shall, in all respects, be deemed and 
held legitimate, and the bond aforesaid be void. 

Sec 8. No prosecution under this act, shall be brought 
Limitation of ^^^^^ *^^ years from the birth of the bastard child: Pro- 
pvbsecution. vided^ The time any person accused shall be absent from 
the state, shall not be computed. 

Sec. 9. All acts and parts of acts, coming within the 
Acts repealed, purview of this act, are hereby repealed. Such repeal 



IMPEACHMENTS— INSPECTIONS. 337 

shall in no case affect or impair any rights acquired un- 
der the acts hereby repealed. This act shall be in force 
on the first day of July next. 

Approved, Jan. 23, 1827. 



IMPEACHMENTS. 



AJs" ACT relating to the administering of Oaths in case^ j^ force, Jan. 
of the trial of Impeachments^ or other trials before the 18, 1833. 
Senate* 

Be it enacted hy the people of the state of Illinois^ represented In trials of im- 
in the General Assembly^ That it shall be lawful, in all peachments ^ 
cases of the trials of impeachments, or other trials be- a^e^haii^admr-' 
fore the senate, for the speaker of the senate to adminis- nister oaths. 
ter oaths, to the members, witnesses, or any other per- Members of 
sons who are required to be sworn; and it shall also be senate and sec- 
lawful for any member of the senate, secretary, or clerk JoS'e^s\^«iie 
thereof, to administer oaths to all persons required to be power. 
sworn in such cases. 

Approved, January 18, 1833. 



INSPECTIONS. 

AN ACT to establish Inspections within this state, in force aiarch 

23, 1819. 

Sec. 1. Be it enacted by the people of the state of Illinois^ 
represented in the General Assembly^ That public ware- 
houses may be kept at the several places which may be 
pointed out by the commissioners in each county, for an Warehouses. 
inspection of beef, pork, hemp, flour, tobacco, and all 
other articles of exportation necessary to be inspected. 

Sec. 2. Be it further enacted^ That there shall be kept 
at the several ware-houses that may be established, a 
good and sufficient pair of scales, sufficient to weigh eigh- Scales, 
teen hundred at least, and a set of small weights, such 
as ought to be, according to the standard weight of the 
county, and that the proprietors of each ware-house pro- 
vide the same. 

Sec. 3. Be it further enacted^ That all beef, tobacco, 
hemp, and flour, brought to any of the public ware-hou- r 
ses, shall be viewed, inspected, and examined, by two "^P^^^^"^^- 



338 INSPECTIONS. 

persons thereunto appointed by the county commission- 
ers in each county; and it shall be the duty of the com- 
. missioners aforesaid, to appoint such inspectors, when, in 
their opinion it may be thought necessary; and it shall 
be the duty of the aforesaid county commissioners to 
nominate three fit persons for inspectors at each of 
the several ware-houses within their respective coun- 
ties; the two first in the nomination shall be consid- 
ered as the acting inspectors for the ensuing year; or 
in case of sickness, death, or inability in either of the 
two first inspectors, the third shall be called in to 
decide on such articles subject to inspection; and the 
said commissioners shall have power, on complaint in 
writing, being lodged in the ofiice of the clerk of the 
county, at their first term after such notice to them giv- 
en, to summons the inspector or inspectors before them, 
as the case may be, and as the county commissioners shall 
judge just; and said commissioners shall fill all vacancies 
which may happen at any time during the remainder of 
the year. Every such inspector, so appointed by virtue 
of this act, before he enters into the execution of his of- 
fice, shall give bond with approved security, in the pe- 
nal sum of two hundred dollars, payable to the governor 
or his successors in ofiSce, conditioned for the true and 
faithful performance of his duty according to the condi- 
tions of this act: which said sum shall be recovered by 
action of debt before the circuit court, for any willful or 
flagrant breach of duty; which bond shall be given and 
entered into before the county commissioners' court, and 
lodged in the clerk's office of the county. 
Duiyof ms-ec- ^T^c, 4. Be it further enacted,^ That all inspectors to be 
tors* , appointed by this act, shall attend at the different ware- 

houses for which they are appointed, on the application 
of any person who wishes to have his beef, pork, flour, 
hemp, or tobacco inspected, Sunday excepted; and every 
inspector neglecting to attend as aforesaid, shall forfeit 
and pay to the person aggrieved, five dollars, to be re- 
coy-ered before any justice of the peace in the proper 
county. And the said inspectors shall inspect every ar- 
ticle that comes within the purview of this act, in such a 
manner that they may be fully satisfied, that each article 
so inspected shall completely answer in quality to the 
mark or brand by them made, which shall be marked on 
the barrel or hogshead, if flour, the letters S F, for su- 
perfine, and the letter F, for fine, with the gross weight, 
and net weight marked in figures on the said barrel: if 
tobacco, or pork, or beef, the weight in gross and net, 
marked on the head of said hogshead or barrel. 

Sec. 5. Be it further enacted^ That the rate of inspec- 



INSPECTIONS. • 339 

tion and storage of the several articles so inspected, shall f ^J^.^^^/ '''" 
be fixed by the several county commissioners at their ^^^^ ^°"' 
first 01 second courts in every year. 

Sec. 6. And he it further enacted, That each ^^ogshead Hogsheads^of^^ 
of tobacco shall weigh not less than nine hundred andQ^/*^^"' ""^'^'^ 
fifty weight, or exceed eighteen hundred, net: and the 
barrel of flour shall weigh one hundred and ninety-six 
pounds, net weight; each barrel of pork and beef shall 
weigh not less than two hundred pounds net weight each. 

Sec. 7. Be it further enacted, That it shall be the duty ^hallberecori- 
of the several inspectors, under this act, to enter in a to^o^Yooir' 
book by them kept for that purpose, the mark, number, 
and w"eight of the several hogsheads and barrels, by them 
inspected, together with the name of the inspector and 
warehouse where each inspection was had. 

Sec. 8. And be ii further enacted, That each and every 
inspector, appointed by virtue of this act, before they 
enter on the duties of their respective offices, shall be 
sworn before the clerk of the commissioners' court, by ^^^^'' 
which they were appointed, that they will faithfully dis- 
charge the duties of their office, without favor, partiaUty, 
or affection. 

Sec. 9. And he it further enacted, That it shall be the 
duty of the several inspectors appointed by this act, to 
furnish the owner or proprietor of any of the above men- 
tioned articles, with a certificate, the mark, number, and 
weight of the several articles by them inspected. 

This act to be in force from its passage. 

Approved, March 23, 1819. 



AJ^ ACT establishing and regulating the inspection of To- r 



bacco in this state* 



;e Jc 
12, 1839, 



Sec. 1. Be it enacted by the people of the stale of Illinois, 
represented in the General Assembly, That it shall be the 
duty of the county commissioners' cotirts, in the several Warehouses 
counties within this state, from time to time, to authorize 
the erection of ware-houses for the reception and inspec- 
tion of tobacco, at such places within their respective 
counties as they may deem necessary and proper. And 
they shall, moreover, require the person or persons who 
shall apply for permission to erect the same, to ^ive bond, .^^T"' '^^^'^■ 
with sufficient security, in a reasonable penalty, payable s^l^/t^JecT 
to the county commissioners of said county, or their sue- them to giv - 
eessors in office, for the benefit of the county, with con^^""^' 



340 INSPECTIONS. 

dition to erect such strong and substantial house or 
houses, as will contain at least one hundred hogsheads of 
tobacco, and as many more as the said county commis- 
sioners may think necessary, and also to keep the same 
in repair as long as it shall continue a public ware-house. 
Sec. 2. All tobacco which shall be brought to any of 
Dutyofinspec-*^^ ware-houses, established as herein before directed, 
tor. shall be received, inspected, and examined by one person, 

to be thereunto appointed, who shall be called Inspector^ 
and who shall be appointed in the following manner, to 
wit: The county commissioners of the several counties 
How appointed wherein any ware-house or ware-houses, shall be establish- 
ed 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 
Vacancies,howterm, to appoint a person of honest character, and repu- 
fiiied. ted to be skillful in tobacco, as inspector for each and 

every ware-house within their respective 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, resig- 
nation, or removal, appoint a person, qualified as afore- 
said, to act as inspector for that inspection, where the' 
vacancy shall have occurred, until the next regular ap- 
pointment of inspectors, and every inspector shall con- 
tinue in office until a successor is appointed: Provided^ 
that the county commissioners' court may, if they deem 
Additional in- i^ necessary, appoint one additional inspector to each 
•pector. and every public ware-house within the county. 

Sec. 3. Every person who shall be appointed inspec- 
To give bond, ^or by virtuc of this act, shall, before he enters upon the 
duties of his office, give bond, with sufficient security, 
in the penalty of not less than one thousand dollars, at 
the discretion of the county commissioners' court, paya- 
ble to the said county commissioners, or to their succes- 
sors in office, for the benefit of the county, with condi- 
tion for the true and faithful performance of his duty, 
''ondiiions while he continues inspector according to the provisions 
.hereof. ^£ ^|^jg ^^|.. ^yi^i^h bond shall be filed in the clerk's office 

of the county commissioners' court, and the county trea- 
surer shall commence suit for the recovery of the above 
penalty, against every inspector failing to discharge the 
duties of his office, agreeably to the provisions of this 
How saed upon ^^^^^ before any tribunal having jurisdiction thereof, 
within two months after notice of such failure, under the 
penalty of five hundred dollars. And every inspector 
shall also take the following oath or affirmation, in open 
court, at the time he executes his bond, to wit: "You do 



INSPECTIOl^^. 341 

solemnly swear, (or affirm, as the case may be,) that youOathofinspec- 
will dihgently and carefully view and examine all tobac- ^°^' 
CO brought to the ware-house, whereof yau are appointed 
inspector, and that you will not receive or pass any to- 
bacco which is not in your opinion sound, well condition- 
ed, and merchantable, free from trash, and that in clas- 
sing the same, you will, according to your best skill and 
judgment, make a true and correct discrimination bc" 
tween the first and second qualities, and that you will not 
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 pro>'ided, nor refuse 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 which the receipt to be taken 
was given, but that you will in all things well and faith- 
fully discharge your duty in the office of inspector, ac- 
cording to the best of your skill and judgment, and ac- 
cording to law, without fear, favor, or affection, malice, 
or partiality: So help you God." And if any person . 
shall presume to execute his office of inspector, before gj^^^Jond and 
he shall have given such bond and taken such oath, taking oath, 
aforesaid, he shall forfeit and pay five hundred dollars 
for the use of the county. 

' Sec. 4. The inspectors of tobacco shall attend at their inspector to re- 
respective w^are-houses whenever called on, (Snnda) s and ceive and deli- 
sickness excepted,) by any shipper or raiser of tobacco,7^^ ^° ^^^^' 
to deliver out for exportation such tobacco as remains in 
the w^are-house, and to inspect any tobacco brought to 
said ware-house: and every inspector neglecting to attend 
when requested, as aforesaid, shall forfeit and pay to the 
party aggrieved, fifty dollars for every neglect, or be lia- Penalty for not 
ble to an action on the case, at the suit of the party ag- °^"^ ^* 
grieved, to recover all such damages as he or they shall 
have sustained by any such neglect. 

Sec. 5. That all persons having tobacco at a public 
ware-house, may have equal justice, the inspector shall wJat^it shaU^ 
enter in a book, to be kept for that purpose, the marks contain, 
and owners' names of all tobacco, brought to their re- 
spective ware-houses for inspection, in the order in which 
the same shall be brought in, and such inspector shall 
view and inspect the same, in due time, as it shall be en- Manner of m- 
tered in such book, without favor or partiality, and shall spection. 
uncase and break, in not less than two places, every 
hogshead, or cask of tobacco, brought in to be inspected, '^"vugT ^^^ 
as aforesaid: and if he shall find the same to be good, marked, 
well conditioned, merchantable, and free from trash,, he 



342 



INSPECTIONS. 



shall then determine whether such tohacco is of the first 
or second quality, shall weigh the same in scales, with 
weights of the lawful standard, and shall stamp or mark 
with a scoring iron, the hogshead or cask, with the name 
of the owner, and of the person hj whom raised, (if 
known,) the name of the ware-house at which inspected, 
and also the tare of the hogshead or cask, the quantity 
of net tobacco therein contained, and whether the same 
is of first or second quality: he shall also issue a receipt 
Receipts to be ^^^ each hogshead of tobacco he shall pass, if requested 
by the owner, which receipt shall be in the following 
ferm, to wit: "At ware-house, county of , this 

day of , received of , 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: 



given. 



Form thereof. 



JVumher, Marks, 



Gross, 



Tare, 



Met, 



to be delivered to the said 
tion, when demanded. 
Witness my hand: 



or order for exporta- 



To be printed 
or written. 



Tobacco re 
fused. 



And no inspector shall presume to issue, under any 
pretense whatsoever, a receij^t for tobacco, other tha*! 
such as shall be printed or written in a plain hand, and 
according to the above form, under the penalty of one 
hundred dollars, recoverable by any person who will sue 
for the same. 

Sec. 6. When any tobacco shall be refused by the 
inspector, the proprietor thereof shall be at liberty to 
separate the good from the bad ibr re-inspection, but if 
he refuse so to do, then it shall be the duty of the said 
How disposed inspe3tor to weigh, prize, and cooper up the same, and 
^^- 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 dollar for every hogshead so deliv- 
ered, in addition to the inspection fees hereinafter men- 
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, specifying 
the weight of the same, and that the same had been in- 
spected and refused: and if any person shall sell refused 
Selling refused tobacco, or manufacture the same without such manifest, 
tobacco. he shall forfeit and pay the sum of fifty dollars for every 

hogshead so sold or manufactured, one half to the person 
§uing for the same, and the residue for the benefit of the 



INSPECTIONS. 343 

county in which the offence shall he committed: hut it 
shall be lawful for any person having a hogshead of to- 
bacco refused, to carry the same, with the manifest, to 
any other ware-house, and the inspector thereat, upon Transferring 
viewing the tobacco, if he esteem it of good quality, first from one ware- 

, R ,, -r J ^ I • 1. ' • house to anoth- 

destroying the manifest, he may grant a receipt, as is ^j. 

herein before directed, or shall grant another manifest, 
(for which one dollar shall be paid,) expressing the re- 
view, and that it was the second time refused, after which 
second refusal, the owner shall not be permitted to carry 
the tobacco to any other ware-house for re-inspection, but 
may either have the same picked, or sell the same as re- 
fused tobacco, accompanying it with the manifest. 

Sec. 7. Every hogshead of tobacco inspected at any Yqq^ to inspec- 
of the ware-houses established by virtue of this act, the tor. 
planter or owner of the same shall pay to the inspector 
^fty cents, whether the same shall be passed or refused, 
and pay for every hogshead shipped from any of the 
ware-houses aforesaid, the shipper, or exporter, when he 
demands the -same for exportation, shall pay the inspec- 
tor the further sum of one dollar, in full for coopering 
and storage, for the first three months, and for each and 
every month thereafter the same remains in the ware- 
house, he shall be entitled to twenty-five cents, to be 
paid when the tobacco is taken away; and the said in- 
spector, out of the money arising from inspection and ^^je^iSuse. 
shipment of tobacco, shall, in the first instance, pay to the 
owner, or proprietor of the ware-house, seventy-five 
cents for every hogshead received thereat, as rent for 
said warehouse, and shall retain the residue for his own 
compensation: Provided^ Such compensation shall in no 
case exceed two hundred dollars per annum: and when- 
ever the net profits of any ware-house shall exceed the 
sum necessary for paying the sums aforesaid, the surplus 
shall be paid into the county treasury, by the said inspec- 
tor, for the benefit of the county. And every inspector 
shall, once a year, at the March term of the county com- Inspector to 

missioners' court of his county, return to the said county ^^^^ return to 

. . , ^ j^ . , n ,^ 1 /»! *' com. court, 

commissioners' court a statement of the number of hogs- 
heads of tobacco received at his ware-house during the 
year, the number passed, and the number refused, and 
the number delivered for exportation; and shall account 
to said county commissioners' court for all moneys, re- 
ceived by virtue of his ofiice, and all disbursements 
made ; and if any inspector, or keeper of a ware-house^ 
shall make a false return, he shall be liable to indictment, 
^d on conviction shall pay a fine double the amount so 



344 



INSPECTIONS- 



Diligence re- 
quired of in- 
spector. 



Successors to 
receipt to their 
predecessors. 



Loss of weight. 



Uftsound. 



Inspectors to 
give receipts. 



Lost receipts. 



kept back and not accounted for, to go to the use of the 
county. 

Sec. 8. Every inspector shall store away and secure 
every hogshead of tobacco, which he shall have inspect- 
ed during the day, and shall, in case of negligence, be 
liable to the action of the proprietor of such tobacco, 
for all damages accruing thereto, by reason of such neg- 
ligence. 

Sec. 9. When any new inspector shall be appointed 
at any ware-house, such inspector shall, and he is hereby 
required, to give to the person whom he shall succeed ia 
office, a receipt under his hand, containing the numbers, 
marks, gross, tare, and net weight of all and every hogs- 
head, or cask of tobacco, which shall be then remaining 
at the ware-house at which he is appointed inspector; 
with the delivery of which hogsheads, or casks of tobac- 
co, so remaining, he shall thenceforth be chargeable and 
liable, but he shall in no wise be accountable for the loss 
of weight or quality of tobacco, contained in any hogs- 
head, or cask, for which receipt was given by him, as 
aforesaid: and if any hogshead, or cask of tobacco, be 
hereafter received by any person whomsoever, and deli- 
vered out of any ware-house for exportation by the in- 
spector attending the same, such inspector, from the 
time of such delivery, shall be forever discharged and 
acquitted from all actions, costs, and charges for, or by 
reason of the tobacco contained in any such hogshead, 
or cask being unsound and unmerchantable, or of less 
quantity, or of different quality, from that specified in 
the receipt given for the same, any thing herein contain- 
ed to the contrary, notwithstanding. 

Sec. 10. Inspectors of tobacco, at the several ware- 
houses in this state, shall, immediately on the delivery of 
every hogshead, or cask of tobacco, at the ware-house 
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 ware-house, express- 
ing therein that the same is for uninspected tobacco: eve- 
ry inspector refusing so to do, shall forfeit and pay to the 
owner of said tobacco five dollars: Provided^ Such deli- 
very is made during the time inspectors are compelled 
to attend their ware-houses. 

Sec 11. If any inspector's receipt shall be casually 
lost, mislaid, or destroyed, the person or persons entitled 
to receive the tobacco, by virtue of any such receipt, 
shall make oath before some justice of the peace oi the 
county where the same is payable, to the number and 
date of such receipt, to whom and where payable, ajid 



INSPECTIONS. 845 

for what quality 6f tobacco the same was given, and that 
such receipt is lost, mislaid, or destroyed, and that he, 
she, or they, at the time such receipt was lost, mislaid, 
or destroyed, was lawfully entitled to receive the tobac- 
co, therein mentioned, and shall take a certificate thereof 
from such justice, and shall advertise the loss of such re--^°^^"PP ' 
-ceipt at the court house of the county in which such in- 
spection may be, on the court day, and at the inspection 
where the tobacco was bought, for four weeks success- 
ively, and shall, moreover, give bond, with sufficient se- 
curity to indemnify the inspector from loss by the claim 
of the person who may thereafter produce the original 
receipt, within twelve months after the notice given of 
the loss thereof; whereupon the inspector shall grant a. 
<iuplicate of the same receipt to the person or persons- 
entitled to receive the tobacco, by virtue of the original- 
receipt, and not otherwise; which receipt shall be sign- 
ed as duplicate: the bond so taken shall be assignable 
by the inspector taking the same to the person produ- 
cing the original receipt, who may maintain an action of 
debt thereupon^, and such assignment shall exonerate the 
inspector from any claim or demand against them, by 
virtue of the original receipt: Provided^ nevertheless, 
that if the principal and security should, at the time of 
taking such bond be insufficient, then, in that case, the 
inspector shall be responsible for the value of the tobac- 
co to the person producing such original receipt; and if 
any person shall be convicted of making a false oath, 
or procuring a false certificate, in the case aforesaid, 
such person shall suflfer as in cases of willful and corrupt 
perjury. 

Sec. 12. Every inspector shall carefully enter in aEntryofmarkf, 
book to be kept for that purpose, the marks, numbers, numbers, &c. 
gross, tare, and net weight of all tobacco, viewed and 
stamped by them, as herein before directed, and on what 
vessel, or boat, the same 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 
of every hogshead or cask of tobacco then delivered, to 
be given to the master of the boat, or vessel, in which 
the same shall be shipped. ;, 

Sec. 13. All stemmed tobacco, not laid straight, whe- Lawful and an- 
ther the same shall be packed, loose, or in bundles, shall ^^^^^ tobacco,. 
be accounted unlawful tobacco, and no tobacco packed 
in hogsheads, which exceed fifty-four inches in the length 
of the stave, or thirty-six inches at the head, within the 
crow^ making reasonable allowance for prizing (which al- 
lowance shall not exceed two inches above the guage) 



316 ,*«A«, INSPECTIONS. 



in the prizing heads and which shall he bound with eight 
hoops, shall be passed or received. /out the owner of such 
tobacco, packed in hogsheads or casks of greater dimen- 
sions than above expressed, shall be obliged to repack 
the same, in sizable casks, before the same shall be 
passed or stamped by the inspector, nor shall any hogs- 
head be so passed or stanaped, unless the net weight 
thereof shall be at least eight hundred pounds. 

Sec. 14. Any inspector who shall alter, change, or 
Tobacco, how (Jeliver out any hogshead of tobacco, other than the one 
delivered. ^^^ which the receipt to be taken in was given, shall for- 
feit and pay one hundred dollars for every hogshead so 
altered, changed, or dehvered out; and if any inspector 
shall fail or refuse to deliver any hogshead of tobacco, 
when the same shall be demanded for exportation, or 
shall deliver such tobacco without an order from the 
owner thereof, he shall, in either case, forfeit to the own- 
er double the value of the tobacco which he shall so re> 
fuse to deliver, or deliver wrongfully. 

Sec. 15. Any inspector who shall take, accept, or re- 
Penaltyforbri-ceive, directly or indirectly, any grataity, fee, or rc- 
^^y- ward, for any thing so done, in pursuance of this act. 

other than the payments and allowances herein before 
mentioned and expressed, upon being convicted thereof, 
shall forfeit and pay the sum of one hundred dollars, to 
be recovered with costs, to the use of the county where- 
in the offence shall have been committed, and shall,, 
moreover, be removed from office: and if any person shall 
For oflfeiing offer any bribe to any inspector, for any thing by him to 
bribe. i^e done in pursuance of this act, other than the pay- 

ments and allowances herein before mentioned and ex- 
pressed, 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 beeft^ 
committed. 
Foiling note, Sec. 16. Any person who shall alter or change the 
receipt, stamp, face of a note, for passed or refused tobacco, or who 
^^' shall alter or cause the stamps or marks on any hogshead 

of inspected tobacco, whether passed or refused, shall 
be deemed guilty of forgery, and punished as in other 
cases of forgery. 

Sec 17. Any person who shall erect a ware-house in. 
Prize to be pursuance of this act, shall, in addition to the requisi* 
erected. ^.^^^ herein before mentioned, be required to erect a. 

And weights strong and sufficient prize within the same, and also to 
provided. provide a pair of strong scales, or patent balances, and 
correct weights, to way at least fifteen hundred pounds. 
Sec. 18. The county commissioners' court of counties 



INSPECTIONS. 347 

wherein one or more ware-houses shall be erected, shall, Commissioner 
at the term whereat the appointment of inspector is°f ^^'^^^"ses. 
made, appoint a discreet householder, of abilitj' and integ- 
rity, to act as commissioner of ware-houses, for one year, 
whose duty it shall be to see that the ware-houses in his^^^ ^^^' 
county are kept in good repair, that proper scales and 
weights are provided, kept in repair, examined, and com- 
pared with the standard weights of the county; once in 
six months, at least, to visit every ware-house in his coun- 
ty, and see that the tobacco therein is properly stowed 
away and secured, and that the inspectors diligently dis- 
charge their duties; and if he shall discover in any in- To report de- 
spector, any negligence or breach' of his duty, he shall g^eaws! "^ 
report the same to the county commissioners' court at the 
next term thereof; whereupon said inspector shall be 
proceeded against according to law; and the commis- ^^^^ ^°°^P^"^" 
sioner so appointed shall be allowed two dollars for every 
day he shall be necessarily employed in performing the 
duties prescribed by this act, to be paid out of the coun- 
ty treasury: PronWec/, that such compensation shall not 
exceed thirty dollars in one year. 

Sec. 19. The inspectors of tobacco under this act 
shall be, and thpy are hereby exempted from malitia du- eSTd°^from 
ty, except in case of actual invasion and insurrection, miiitta dutj, 
and also frorri serving on juries. ^c. 

Sec. 20. All penalties and forfeitures in this act con- 
tained, the mode of recovery and application of ^vhich'^°^^ ^^'-*^.^^" 
are not specially set forth, shall be recovered by action of ^^^"^ ^^"^ "^''' 
debt at the suit of the county treasurer, and shall be ap- 
plied to lessening the county tax. 

Sec. 21. If before the erection of a public ware-house 
in any county, the quantity of tobacco raised or brought Private ware- 
therein shall, in the opinion of the county commissioners' ^^°"^^^ ^^'^^ "^" 
court, require the appointment of one or mere inspectors, '^^^ ^^^' 
the same shall be appointed, and when appointed may 
proceed to examine and inspect any tobacco which may 
be lodged in any private ware-house, and shall pass or 
refuse the same, and do all other acts that are required 
by this act, in case of inspection in pubUc warehouses, 
and such inspection shall be to all intents and purposes 
legal. The owner of such private warehouse shall not Tobacco not to 
suffer any tobacco to be removed after inspection, unless ^e removed 
by order of the inspector, who shall have as complete ""'^^'' ^'•* 
control over the same as if it were stored in a public 
ware-house, and shall be responsible in the same manner 
to the owner thereof; and any proprietor or owner of a 
private ware-house, in which tobacco has been inspected 
and stored, who shall deliver or suffer the same to be 
31 



84« INTEREST. 

removed without an order from the inspector, as afore* 
said, shall forfeit double 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 tobac- 
p , co: Provided, that there shall be no tobacco inspected in 

a private ware-house, where there is a public one erected 
in the same county, and prepared for the reception and 
inspection of tobacco; Provided, also, that it shall be 
lawful for any citzen of this state, who wishes to export 
tobacco without inspection, to do so, any law to the con- 
trary notwithstanding. 

Sec. 22. if the owner of any tobacco, deposited in 
raov^^^^b^ "^'any ware-house, shall suffer the same to remain there for 
CO. a longer time than two years, without paying the fees for 

storage and keeping the same, it shall and may be lawful 
'n u J ^or the inspector or keeper of the ware-house to ad- 
used. vertise the same, either in some newspaper, the near- 

est printed in the state, or by setting up six adver- 
And sold. tisements in writing, in the most public places in the 
^ county, for six weeks previous, fairly to expose and sell 

paid. ^the same for the best price that can be had in cash, and 

the overplus, if any, after paying all fees and costs, to be 
Balance return- returned to the owner, if called for within five years 
ed to the fj.Qj^ ^i^g ^ q£ gg|g 1^ j^^i- called for, the same to go to 

owners •/ ^ / *— ' 

the county: and if any person shall suffer any property 
Other property other than tobacco to remain in any ware-house estab- 
remainhigmoreiigi5e(i under this act, or any public or private ware-house 
months^ may "^w established, or which may hereaftei be estabished, 
be sold. for a longer term of time than fifteen months, from the 

time of depositing the same, without paying the fees for 
storage, the keeper or inspector may, in like manner, ad- 
vertise and sell the same, for what the same will bring in 
cash ; and the surplus, if any, to be paid over to the own- 
er, or county as above stated. This act to be in force 
from and after the passage thereof. 

Approved, January 12, 1829. 



INTEREST. 

In porcf, ^JV act to regulate the interest of Monet/. 

April 2, 1833. 

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

Rate of inte- represented in the General Assembly, That the rate of inte- 

'"^^ rest upon the loan or forbearance of any money, goods, 

or things in action, shall continue to be six dollars upon 

one hundred dollars for one year, and after that rate for 



INTEREST. . ^ * ^^ 

a greater or less sum, or for a longer or a shorter time: 
Provided, that when the parties expressly agree upon an 
amount of interest, not exceeding the rate of twelve per 
centum per annum, it shall be legal, any thing in this 
section to the contrary, notwithstanding; and the several 
courts in this state are hereby required to give judgment 
accordingly. 

Sec. 2. No person or corporation shall, directly orin- 
directly,acccpt or receive in money, goods, discounts, or No greater rate 
things in action, or in any other way, any greater sum, or? abovTaiiow- 
greater value for the loan, forbearance, or disconnt of ed shall be re- 
any money, goods, or things in action, than as above de-'^^^v^^- 
scribed. 

Sec. 3. Whenever, in any action brought on any con- 
tract or assurance, for the payment of money, or any I" cases of 
other thing, it shall appear to the court before which ^^^^' 
such action shall be tried, by the pleading on the case, 
and on application of the defendant, that a greater rate 
of interest shall have been directly or indirectly reser- 
ved, discounted, or taken, than is allowed by this act, the 
defendant shall recover his full costs, and the plaintiff Defendant 
shall forfeit three-fold the amount of the whole interest shall recover 
reserved, discounted, or taken, and shall have judgment, " ^^^^' 
and execution for the balance only, which may remain 
due upon said contract or assurance, after deducting 
threefold the amount of said interest, one third part of 
which shall be paid to the defendant, and the remaining 
two thirds shall be paid into the county treasury of the 
county in which such suit shall have been instituted. 

Sec. 4, That if any person or corporation, shall, di- Where suit 
rectly or indirectly, contract to accept or receive in mo- ^g^^^JJi® ^^^1^""^ 
ney, goods, discounts, or things inaction, any greater nous contract 
sum or greater value, for the loan, forbearance, or dis- ^y ^ person not 
count of any money, goods, or things in action, than is pg^j!jf"^^^^^"^ 
prescribed by this act, he, she, or they shall forfeit and 
pay to the person suing for the same, threefold the 
amount of the whole interest so contracted, to be reser- 
ved, discounted, or taken: Provided, said suit be not com- 
menced by either of the contracting parties; and if so, 
then the amount so recovered shall be paid into the Where by a 
county treasury of the county where such suit shall have ^^"^* 
been instituted. 

Sec. 5. Every person, who for any such loan, discount, 
or forbearance, shall pay or deliver any greater sum or Where usuri- 
value than is above allowed to be received, and his per- P"^ ^"^T^* ^^^ 

> 11' • . \ been aiiowea 

sonal representatives may recover m an action agamst the representa- 
the person who shall have taken or received the same, ^^es o^ ^e 
and his personal representatives threefold the amount ofP"^"^P^3^" 



^^ INTEREST. 

ing it may sue. the money SO paid, or value delivered above the rate 
aforesaid, either by an action of debt in any court having 
jurisdiction thereof, or by bill in chancery in the circuit 
court, which court is hereby anthorized (o try the same: 
Provided^ said action siiall be brouglit, or biilfiled within 
two years from the lime when the right thereto accrued. 
Sec. 6. In the trial of any action wherein it shall appear 

Evidence. by the pleadings, that the fact of usury shall be put in 
issue, it shall be lawful for the debtor, the creditor being 
alive, to become a witness, and his testimony shall be 
received as evidence, and the creditor, if he shall offer 
his teslimony, shall be received as a witness, together 
with any other legal evidence that may be introduced by 
either party. 

Sec 7. This act to take effect from and after the first 
day of April ne-^t. 

Approved, February 28th, 1833. 



mIrch's ^1819 '^^' "^^-^ regulating the interest of Money, 

Sec. 1. Be it enacted by the people of the state of IIH- 
Interest allow- ^025, represented in the General Assembly^ That creditors, 
ed at the rate (except as hereinafter excepted,) shall be allowed to re- 
six per cent, ^^j^^^ at the rate of six per centum per annum, for all 
moneys after they become due on any bond, bill, promis- 
sory note, or other instrument of writing, on any judg- 
ment recovered before any court or magistrate authori- 
zed to enter up the same, within this state from the day 
of signing judgment until the effects be sold, or satisfac- 
tion of such judgment be made, likewise on money lent,on 
money due on the settlement of accounts from the day of 
• liquidating accounts between the parties, and ascertaining 

the balance, on money received to the use of another, and 
retained without the owners knowledge, and on money 
withheld by an unreasonable and vexatious delay of pay- 
ment: Provided ahoays, that nothing in this act contained, 
shall be so construed as to limit the rate of interest, for 
the payment of which an express contract hath been 
made: And provided, also, that no bank or monied institu- 
tion shall have the right to demand or receive a greater 
or higher rate of interest than six per centum per annum 
and all and every species of -contract made by any bank 
or monied institution, by which a greater or higher rate 



INSOLVENT DEBTORS. * 351 

of interest shall be stipulated to be paid, shall be and the 
same is hereby declared to be fraudulent and wholly 
void. 

Approved, March 2, 1819. 



INSOLVENT DEBTORS. 

AJV ACT for the relief of Insolvent Debtors, In force June 

1) 1839. 

Sec. 1. Be it enacted by the people of the state of Illinois, "D^^^^ots re- 
represented in the General Assembly, That whenever any ^ver propwty, 
debtor shall refuse to surrender his or her estate, lands, ca. ,ya. may 
tenements, goods, or chattels, for the satisfaction of any issue, 
execution which may be issued against the property of 
any such debtor, it shall and may be lawful for the plain- 
tiff in such execution, or his or her attorney or agent, to 
make affidavit of such fact before any justice of the peace 
of the county; and upon filing such affidavit with the 
clerk of the court from which the execution issued, 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, lo issue a ca, sa, against the body of 
such defendant in execution. 

Sec. 2. The judges of probate, in the several counties Jurisdiction of 
in this state, shall have the sole power, in the first instance, J"^g^s of pro- 
to hear and determine all applications for discharge from ^*^* 
imprisonment for debt under this act. 

Sec. 3. When any person shall be arrested for debt on Persons desi- 
execution, or on original process, for the purpose of being ^°"s "^^y ^^ 
held to bail, and shall be desirous of releasing his or herfo^eTJIggsof 
body from such arrest or imprisonment, by delivering up probate. 
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 \v 
which such arrest is made. 

Sec 4. It shall be the duty of the judge of probate, Who shall re- 
before whom any such debtor shall be brought as afore- ^"j''® ^ ^^^* 
said, to require of such debtor a full, fair, and complete ^* 
schedule of all his or her estate, real or personal, in clu- Of property, 
ding money, notes, bonds, bills, obHgaticns, 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 v/hich he or she shall And debts. 
or may be owing at the time, which schedule shall be 
subscribed by the debtor; who shall also take the folio w- 
31* 



^^'^ INSOLVENT DEBTORS. 



St'flubSX''"^"? ^""^^ ^^ affirmation, to wit: «I do solemnly swear (or 
oath. affirm, as the case may be) that the schedule now deliver- 

ed, and by me subscribed, contains, to the best of my 
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 pei-son 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 accrue 
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, reversion, or 
remainder, which is not set forth in this schedule ; nor 
have I, at any day or time, directly or indirectly, sold, 
lessened in value, or otherwise disposed of, all or any part 
of my lands, money, goods, stock, debts, securities, con- 
tracts, or estate, whereby to secure the same, or to receive, 
or expect to receive, any profit or advantage therefrom, 
to defraud any creditor, or creditors, to whom I am in- 
debted 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 be subscribed by the 
Which shall be debtor, and certified by the judge, as may all oaths, or 
ud"e^^ ^^ ^^ affirmations, which it may be necessary for him to ad- 
minister in the discharge of the duties assigned him by 
this act. 
Cieditois may S^EC. 5. Any creditor of such debtor shall have the right 
contest. ^Q appear before the judge of probate,, 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 subpenas, and compel the attend- 
ance of witnesses, in the same manner as the judges of 
the circuit courts do in term time. 
Examination Sec. G. The judges shall have power to adjourn or 
may be ad- continue the examination of any such debtor to any con- 
journe . venient time, not exceeding thirty days, upon the said 

debtor giving security for his appearance, and also for 
T'pon giving the surrender of all the goods, chattels, and estate men- 
bond. tioned in his schedule, at the day or time to which such 

examination may stand continued or adjourned. 
Assignee may Sec. 7. If, after full investigation and fair examination 
be appointed. q( f\^Q debtor and the witnesses, if any, it shall appear 
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 ol 
the said debtor; and such debtor shall immediately, by 



INSOLYENT DEBTORS; . * 35a 

endorsement on the back of such schedule, assign all, or 
so much of his property therein mentioned, as will, in the 
opinion of the judge, be sufficient to pay all the debts, 
interest, costs, and charges, in such schedule mentioned, 
to the person so named as assignee; and such assignment, 
»o 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. 

Sec. 8. Whenever the said debtor shall produce to the Discharge, how 
judge a receipt of the assignee of such debtor, certifying S'^"^®^* 
that he has received all the estate, property, goods, chat- 
tel, and effects 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 officer 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 im- 
prisonment, shall exempt the said debtor from arrest on And of what 
account of any debt mentioned in said schedule, until the effect, 
same shall be vacated by due course of law. 

Sec. 9. Any creditor thinking himself or herself ag- 
gi-ieved by any such discharge, shall and may be allowed 
an appeal to the next circuit court to be held in the Appeal, 
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 office, 
as shall all other bonds which may be given by authority 
of this act; and the said bond shall be filed with the judge 
of probate. 

Sec. 10. Upon application of any debtor for a dis- 
charge 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 appear 
on the first day of the next term of the circuit court, and 
abide the decision thereof; and also, that he or she will 
not sell or dispose of, or remove or lessen in value, any 
or all of the estate or property mentioned in the schedule 
of such applicant, but that the same shall be forthcoming, 
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 had before him, to the said circuit court, on 
the first day of the term thereof. All appeals shall be 



354^ INSOLVENT DEBTORS. 

prayed before the judge at the time of trial, or within ten 
days thereafter. 
Property of a Sec. 11. No assignee shall sell any property assigned 
perishable na- to him by any debtor as aforesaid, during the pendency 
^[^ °" ^' *° ^® of any appeal to the circuit court, unless the same be of 
a perishable nature, and such as will be materially injured 
in its value by delay. 
Proceedings in Sec. 12. The circuit court, at the term to which the 
the circuit proceedings shall be returned, shall (unless for good 
cause) proceed to hear and determine the matter, and 
shall empannel a jury to find the facts, at the request of 
either party, admitting all necessary evidence, and shall 
make such order therein as justice and equity may re- 
quire, affirming or reversing the whole, or any part, of 
the proceedings of the judge of probate, and doing all 
things that may be necessary to effect the objects of this 
act. 
Arrests for Sec. 13. In every case where a debtor is arrested on 

fraud, and trial ^^^^^f charffinff such debtor with fraud, and beine 
desirous of releasing his or her body from arrest or im- 
prisonment, it shall be the duty of the sheriff, or other 
officer having the custodj^ 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 neighborhood, 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 Sec. 14. U^ after full hearing of the parties, the jury 
Ju'T' 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 find such debtor "not guilty of fraud,*' 
And judgment then the maker of such affidavit, as aforesaid, shall pay 
thereon. ^\ g^ch costs as may have accrued in consequence of 

such arrest or imprisonment, and the debtor shall be dis- 
charged from such arrest or imprisonment: Provided^ 
always^ that either party shall have the right to an appeal 
upon the same conditions as in other cases under this act. 
Jury allowed to Sec. 15. Every debtor arrested on any civil suit or 
debtor in case process, shall, upon going before the judge of probate, if 
he shall desire the same, be allowed a jury of seven 
householders of the neighborhood, who 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 find a verdict of " guilty of such refusal," 
Judgment. then such debtor shall be compelled to surrender his or 



INSOLVENT DEBTORS. 355 

her property, or schedule his or her property, as provided 
in the fourth section of this act; hut if the jury hnd such 
Idebtor "not guilty" of refusing to surrender, then such 
debtor shall be forthwith discharged. 

Sec. 16. Every assignee, appointed by authority of this Duty of as- 
act, shall, within the space of thirty days after the assign- ^'§"^^- 
ment of the property mentioned in the schedule or inven- 
tory of any insolvent debtor, advertise all the personal To advertise , 
property, goods, or chattels, mentioned in such schedule, 
at the door of the court house, and in three other public 
places in the county, giving twenty days notice of the 
time and place of such sale, at which time and place such 
assignee shall proceed to sell all such personal property, And sell per- 
goods, and chattels, for the highest price which can be ob- sonal property-. 
tained, on a credit of nine months, for which he shall take 
bond, with sufficient security; and the said assignee shall 
eilso advertise at the same places, as above required for 
personal property, the lands and tenements contained And lands. 
in such schedule, which shall be sold at the door of the 
court house, on the first day of the circuit court next to 
be holden in the said county, between the hours of eleven 
in the morning, and sun setting of the said day; but if 
the said circuit court should not sit on such day so ap- 
pointed for its sitting, then such lands and tenements shall 
be sold in the same manner as if said court had been 
held at the time appointed, ta 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 ^^^'^' 
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-^"^ acknow- 
knowledged in the same manner as deeds are acknowl- 
edged by sheriffs, and such deed shall vest in the pur- 
chaser, all the rights of the assignor, to such lands and 
tenements. 

Sec. 18. It shall be the duty of every assignee of any To settle with 
insolvent debtor, within eighteen months after such as- ^^^^j^^^"'^* °^ 
signment, to make a settlement of the estate of such in- ^^'^ 
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, 



S56 INSOLVENT DEBTORS. 

ment; and if the whole amount of debts shall not have 
Subsequent col- heen collected at the time of making such settlement, 
ecuons. ^j^gj^ g^^j^ 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 
And payments, whole is collected and paid, first deducting such charges 
and fees as are by law allowed ; and if any thing shall 
remain in the hands of any such assignee, after paying 
all such debts as are mentioned in such schedule, togeth- 
Balance re- er with the cost thereon, then such assignee shall pay 
hands"^ ^" ^^^ ^^^^ ^^^^ same to the said debtor, his or her heirs, execu- 
tors, administrators, or assigns. 
Compensation ^Ec. 19. The judge of probate is hereby authorized 
''"" * to allow every assignee, who shall be appointed under 
the provision of this act, such compensation as shall be 
reasonable and just for the services which he shall be ne- 
cessarily called upon to perform, in the discharge of his 
duties as assignee. 
oHobiJ''^^^ Sec. 20. The judge of probate shall be allowed the 
same fees for services rendered by authority of this 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 tose of the insolvency of any judge of pro- 
toprdce^Te-^ ^^^^ within this state, the same proceedings shall be had 
fore w, conv. against him, before any county commissioner of the coun- 
ty, as arc prescribed for other debtors by this act. 
False oath. " Sec, 22. Any debtor who shall be convicted of taking 
a false oath, under any of the provisions of this act, shall 
be deemed guilty of willful perjury, and shall suSer the 
pains and penalties imposed by law therefor. 
Effect of dis- Sec. 23. Any debtor, who shall obtain a discharge 
^"act,"" ^^ under this act, and who shall have acted honestly and 
without fraud, shall for ever after be dischai^d. from 
imprisonment, en account of any debt or debts^ that he 
may owe at the time of obtaining such, discharge,, andi 
that may be contained in the schedule* r^quirfid' to be 
made by this act; and the certificate of the j-udge- of pro- 
bate of such discharge, shall prcteat such debtor from 
imprisonment, in all cases wherje any action may be 
brought against him for any such) debt qF; debts, as a- 
forcsaid. 
Acts repealed, g^,^^ ^^^ j^^^ ^^^ entitled "Aij act ta aboUsh imprison^ 
ment for debt in certain cases,:' approved, Februarj' 17^ 
1823; and the Uth, I2th, L3thv l^th, 15th, I6th, l7tK 
18th, 19th, 20th, 21st, ai^:22«diSQctiQas-of an *'AQt.e.s^- 



INCORPORATIONS. ' 357 

tablishing courts of probate," approved, February 10, 
1821, are hereby repealed. This act to take effect on 
the first day of June next. 

Approved, Jan. 12, 1829. 



INCORPORATIONS. 

A J^* ACT to incorporate such persons as may associate for the In force Janu- 
puipose of procuring and erecting public Libraries in this^U^h 1823. 
State, 

WHEREAS, a disposition for improvement in useful . 
knowledge has manifested itself in various parts of this 
state, by associating for procuring and erecting public 
libraries; and whereas, it is of the utmost importance 
to the public that the sources of information should be 
multiplied, and institutions for that purpose encouraged 
and promoted: 

Sec. 1. Be it enacted by the people of the state of Illinois^ 
represented in the General Assembly^ That from and after ^^ erea^a 
the passing of this act, it shall be lawful for any number public library, 
of persons, not less than ten, in any part of this state, who if one hundred 
shall subscribe in the whole not less than one hundred ^^^H^^ '"^' 
dollars, to assemble on the second Tuesday of any month 
in which they shall determine to meet, at a place pre- 
viously agreed on by a majority of the subscribers, to j^j^ 
elect and appoint not less than three, nor more than be elected* 
seven of their number as trustees, to take charge of the 
moneys belonging to the corporation thereby erected, 
and to transact all affairs relative to the same. 

Sec. 2. Be it further enacted^ That the said election to 
be held as aforesaid, shall be conducted in the following 
manner, to wit: that whenever two-thirds of the subscri-., 
bers shall assemble at the time and place previously giecting^offi, 
agreed on, they shall proceed to choose a chairman from cers. 
among themselves, who shall preside at such election, re- 
ceive the voles of the subscribers, and be the ofiicer to 
return the name of those who, by plurality of voices, shall 
be elected trustees of said corporation; that the said re- 
turning officer shall certify, under his hand, the names of 
the persons elected trustees for said library, in which cer- 
tificate the name and style of the corporation shall be Certificate of 
particularly described; which certificate shall be filed in Record "d^bi^« 
the office of the clerk of the county commissioners' court, county courts. 



358 INCORPORATIONS, 

and at the next term of said court after siich filing, the 
clerk thereof shall copy the same Upon the records of the 
proceedings of the said court; for doing which he shall 
receive a fee of fifty cents and no more, 
p ^ Sec. 3. Be it further enacted^ That the persons so elect- 

elected, made a ^d shall be trustees for said library, and that the said 
corporate body, trustees and their associates, and such other persons as 
shall, from time to time, become members of such corpora- 
tion, shall be one body, corporate and politic, in fact and 
in name, by the name, style, or title mentioned in said 
certificate, so to be filed and entered on record as afore- 
May sue and ^^■^^' ^^^ ^^ *^^^* name shall have succession, and they 
be sued. and thcir successors shall be capable in law to sue and 

be sued, implead and be impleaded, answer and be an- 
swered unto, defend and be defended, in all courts of law 
or equity whatsoever; and they and their successors shall 
have a common seal, and may alter and change the same 
at their discretion: and also, that the said trustees and 
their successors, by the name and style described in said 
certificate, shall be capable in law of purchasing, hold- 
ing, and conveying any estate, real or personal, for the 
lEstates held by use of said Corporation: Provided^ such real and personal 
exceed°^600. ^s^^^^^? ^^ held, shall not at any one time exceed the an- 
nual value of six hundred dollars, exclusive of the books 
and the annual payments which shall be made by the 
members of the said corporation. 
Number of ^^^* ^' ^^ ^^ further enacted, That hereafter there 

trustees to each shall not be less than three, nor more than seven trustees 
library, and one for every library so incorporated as aforesaid, who shall 
l1braTan"Cd ^'^^^ ^^^^^ officcs ouc year, and until others be elected in 
one treasurer, their places, and shall manage the business of the said 
corporation; and that there shall be one chairman of 
said trustees, one treasurer, and one librarian: and that 
it shall be lawful for the said trustees, whenever they 
conceive it necessary, to appoint one and the same per- 
son treasurer and librarian. 
Q„ ^ J Sec. 5. Be it further enacted, That the offices of the 

elected annual- Said first trustccs shall determine on the following year, 
ly, and the on the sccond Tuesday in the same month in which they 
"r"""u^ were chosen, and that on the first Tuesday in the same 
* ■ month in which the election was held in every year for- 
ever thereafter, there shall be a general meeting of the 
members of the corporation at some convenient place, to 
A V I 11 • 1 ^^ from time to time ascertained and fixed by the by-laws 
for each right. ^^ the said corporation, and that then and there, by a 
plurality of votes of such members as shall so meet, not 
less than three, nor more than seven trustees shall be 
elected to serve the ensuing year; and that any person 



INCORPORATIONS. # 359 

holdino- more than one right in said library, shall be enti- 
tled to one vote for each right he or she shall hold in the 
same ; that the trustees of said Ubrary shall, annually, at 
their first meeting on or after the day that their offices 
commence, appoint one of the said trustees their chair- officers dying, 
man; that in case of the death, removal, refusal or ne- removing, and 
gleet to serve, of the chairman for the time being, it shctll JfJ;^'';;;f °^''^;! 
be lawful for the trustees of the said library, at any of ^y ^3^0 fined. 
their meetings, to appoint another chairma,n instead of the 
one dying, removing, refusing, or neglecting to serve as 
aforesaid, to remain in office till the expiration of the time 
during which his predecessor was entitled to serve; and 
when any vacancy shall happen by the death, removal, 
resignation, or neglect to serve of any of the said trustees, 
it shall be lawful for the chairman of the said trustees, or 
on his neglect or refusal, for any other two of the said 
trustees, to summon a meeting of the m.embers of said 
corporation at a place fixed by the bye-laws of said cor- 
poration, for the purpose of electing other person or per- 
sons instead of such as shall have so died, removed, refu- 
sed or neglected to serve as aforesaid; and that such 
person or persons so to be chosen trustee or trustees, 
at such meeting as last aforesaid, shall respectively re- 
main in office during such time as the person in whose 
stead such trustee shall be chosen, would have done in Coj^j^jtion of 
case such death, removal, or refusal had not happened, the library with 
and no longer; and that the trustees of the said library, treasurer & ii- 
shall, at every such annual meeting of the members of the comits^Jo^be 
s£tid corporation, exhibit to the members a state of the made at all an- 
said library, the minutes of the proceedings of the trustees nual meetings. 
during the year immediately preceding, with the treasu- 
rer's and librarian's accounts, stating the amount of the 
receipts and expenditures during such year. 

Sec. 6. Bt it further enacted^ That said trustees shall Time of meet- 
have stated meetings in every quarter in every year, at*"^* 
such time and place as shedl, from time to time, be ap- rp^^,^ trustees 
pointed for that purpose; that the chairman, or any two maycaiiamee- 
trustees of said library .for the time beinsr, may, from ^'"5 by giving -2 
time to time, as occasion requires, call together, at such ^ ' 

place as shall from time to time be appointed by the bye- jj^^^ ^ ^^^^^^ 
laws, of said corporation, the trustees of said library, ofTrustees may 
giving them at least two days previous notice of such be formed, 
meeting; that the chairman and a majority of the said 
trustees shall form a board of .trustees, and that in the ^;,^ ^^^f ;;"* 
absence of the chairman, the trustees so met shall choose time, 
another to serve on that occasion; that the chairman shall 
have a casting vote and no other; that the chairman and 
a majority of the trustees so met shall have authority to 

32 



360 INCORPORATIONS. 

adjourn from time to time, eis the business of said corpo- 
Librarians and ration may require: and from time to time to appoint at 
bTremoved""^^' ^^^'^\P^^^'"''^' *^ displace a treasurer or librarian of the 
said library, and to appoint other or others in their stead; 
to ascertain the compensation to be allowed to the trea- 
surer or librarian, or either of them, for their service in 
their stations respectively, and to appoint to them their 
Trustees to respective powers, trusts, and duties: to direct the appli- 

compensate li-^^/- r • i i • . .i •^ ^v. fi^^ii 

brarian & trea- ^^^-^^^ ^^ monics bclongmg to the said corporation, to 
surer, and to di- the purchase of such books and apparatus as they shall 
^^^j^^^'^^^^Pi^^!" think proper; to the providing a room or house for the 
funds". ^ ^^^^^safe keeping of the books of the said library; and to do 
in the name of the said corjDoi-ation, all and every act and 
acts, thing and things whatsoever, which shall be neces- 
sary to be done, and vdiich the trustees of the said libra- 
laws!" ^^'^"O'? ^re by this law, authorized to do; and to make at all 
times hereafter, such laws and regulations for the govern- 
ment of the officers and members of said corporation for 
regulating the terms upon v»^hich the books of the said 
library shall be lent out, both to the members of said cor- 
poration, and to othei*s; for fixing and ascertaining the 
times and places of the quarterly meetings of the said 
trustees; for allovring and fixing the places of meeting of 
the members of said corporation, for the election of trus- 
tees, for regulating the management and disposition of 
the books of the said librarj^, and the monies, funds, and 
effects belonging to the said corporation, the mode of 
transferring rights in the said library from one person to 
Mode of trans- another, and all other the business of the said corporation, 
fernng rights in ^g they. Or the major part of them, so legally met, shall 
judge best for the general good of said corporation; and 
for the more effectual promoting, increasing, and pre- 
serving the said library, and the same or any of them to 
alter or repeal from time to tim.e, as they or a major part 
of them, so met, shall think proper: Provided, such Jaws 
and regulations shall not be repugnant to the laws of this 
state. 

Sec. 7. Be it further enacted, That it shall be lawful for 

each and every of the members for the time being of the 

said corporation, his or her executors, administrators, and 

assigns, to give, sell, devise, and dispose of their respec- 

Purchasersof tive lights in the said library, and that their respective 

bmi'^^^'^ ''Y'j assignees shall be members of said corporation, and shall 

to all thrb'enc^. be entitled to all the same rights and privileges in said 

fits of the fust corporation as the original members are entitled to by 

''''"*"• this act: Provided, that a part of a right in said library 

shall not entitle the proprietor or owner thereof, to any 

privilege whatever in said library or corporation. 



INCORPORATIONS. * ^1 

Sec. 8. Be it further enacted, That it shall be lawful at 
such meeting of a majority of said trustees of the library 
for the time being, to make any bye-laws, constitutions, or 
ordinances of the said corporation, to admit under the 
common seal of the said corporation, such and so many New members 
persons, members of said corporation, as they shall t^^-i^-i^Jhe^slmfbfn? 
beneficial to said library; which members so admitted, ^^^ ^^^'Jp^-^^j"^" 
shall be entitled to have, hold, and enjoy, all and every ges of the old 
tlie same rights and privileges as the original members ones. 
axe entitled to by this act. 

Sec. 9. Be it further enacted, That each member of the 
said corporation for the time being, shall, on or before 
the first Tuesday in the month fixed for the election of Annual contri- 
trustees, annually pay to the treasurer of said library for 
the use of said corporation, the sum or sums which shall 
be fixed by the bye-laws of said corporation; and that 
whenever any of the members of the said corporation 
shall neglect to pay the said annual sum, or any other 
gum which shall of right become due to the corporation, 
for the space of {iftj days, next after the day on which 
the same ought to have been paid, that^ then the person 
or persons from whom the same shall be due, shall be 

Ereciuded from exercising any of the privileges to which Members faii- 
e became entitled by virtue of his being or becoming a J^^s to pay their 
member of the said corporation, until such sums shall be forfeit all their 
fully satisfied; and if such sums shall not be paid within privileges, and 
two years after any such sums shall become due as afore-^^ "°^ paid m 

two vGcir*^ lO]^ 

said, that then, and after the expiration of two years from feit their righti 
the time such payment shall become due, the person or in said librarj. 
persons from the same shall become due, shall thereupon 
ibrfeit and be utterly excluded from all, his, her, or their 
rights and privileges in the said library and incorpora- 
tion. 

Sec. 10. Be it further enacted, That in case it should 
happen, that an election of trustees should not be made 
on any day, when pursuant to this act, it ought to have 
been made, the said corporation shall not for that cause Members fail- 
be deemed to be dissolved, but that it shall be lawful on ing to elect their 
any other day, to bold and make an election of trustees, ^^^'^''^ regula*- 
in such manner as shall have been regulated by the laws iJay"ei"ecf ^at 
and ordinances of the said corporation: Provided always, &ny othei tuae. 
that nothing in this act shall be so construed as to author- 
ize any person or persons whatsoever, under colour of any May not trans- 
incorporation authorized by this act, to do or transact act any buei- 
3iny business, matter, or thing, save what appertains to a"^''^^^^P.^ 
library, according to the true intent and meaning of thisJLeTjbra^'"'** 

4Ct. 



3*52 INCORPORATIONS. 

I« foe. March ^^,- ^CT to incorporate the inhabitant, of stick tozon, 04 

may icish to be incorporated. 

Sec. I. Be it enacted by the people of the state of Illinois, 
represented in the General Assembly, That whenever the 
white males over the age of twentj-one years, beino- resi- 
dents of any town in this state, containing not lesl tlmn 
Town meetings ^""^ hundred and fifty inhabitants, shall wish to become 
how to beheld, incorporated for the better regulation of their internal pc 
lice, it shall be lawful for the said residents, who may ha^^ 
resided six months therein, or who shall be the owner of 
any freehold property therein, to assemble themselves to- 
gether, in pubhc meeting, at the court house or other place 
in said town, and when so assembled, they may proceed 
to choose a president and clerk of the meeting from among 
their number, both of whom shall be sworn, or affirmed, 
by any person authorized to administer oaths, faithfully to 
discharge the trust reposed in them as president and clerk 
of said meeting: Provided, hozccvcr, that at least ten days 
pubhc notice of the time and place of holding such meet- 
ing shall have been previously given by advertising in 
some newspaper of the town, or by setting up written no- 
Notice, tices, in at least three of the most public places in such 

town. 
Ho^ to vote. ^j,p^ 2. The residents, as aforesaid, of any town having 
assembled as directed in die first section of this act, may 
proceed to decide by vote, viva voce, sa hether they will be 
incorporated or not, and the president and clerk, after their 
President and votes are given in, shall certify under their hands, the num- 
clefk to certify, j-^^j. of votes, in favor of being incorporated, and the nun> 
ber against being incorporated; and if it shall appear that 
t^'o-thirds of the votes present, are in favor of being incor- 
porated, the president and clerk shall deliver a certificate 
of the state of the polls to the board of trustees, to be electa 
ed as hereinafter provided. 
Election for Sec. 3. Whenever the qualified voters, under this act, 

trustee*. .^£ ^^y town, shall have decided in the manner herein pro- 

vided, that they wish to be incorporated, it shall be the 
^ duty of tiie clerk of the meeting, at which they may so de- 

cide, to give at least five days previous public notice to tlie 
said voters, to assemble at the court house, or some other 
pubhc place in such town, on a day to be named in such 
notice, to elect by viva voce vote, five residents and free- 
holders of such town, for trustees of the same, who shall 
hold their office for one year, and until other trustees are 
chosen and quahfied; at which first election, the president 
and clerk of the first meeting shall preside, or in case of 



J 



INCORPORATIONS. 363 

the absence of either of them, some suitable person shall 
be appointed bj the electors present to fill such vacancy 
or vacancies. And at every succeeding election for presi- 
dent and trustees, the preceding board of trustees shall di- 
rect the manner in which the same shall be conducted. 

Sec. 4. The board of trustees of any town elected Trustees how 
agreeably to the provisions of this act, shall choose a pres-°'S^"^^^'^* 
ident out of their own body, and the president and trustees 
aforesaid, and their successors in office, shall thenceforth 

-be considered in law and equity, a body corporate and 
politic, by the name and style of "the president and trus- 
tees of the town of ," and by such name and style 

.shall be forever able and capable in law and equity to 
sue and be sued, to plead and be impleaded, to answer 
and be answered unto, defend and be defended in all man- 
ner of suits, actions, plaints, pleas, causes, matters, and de- 
mands, of whatever kind or nature they may be, in as full 
and effectual a manner, as any person or persons, bodies 
corporate or politic can, cr may do, and may have a com- 
mon seal, and may alter the same at pleasure. The said 
president and trustees shall require their clerk to keep a 
fair journal and record of all their proceedings, and record 
all by-laws and ordinances which they may make, in a 
book to be prov^Ided for that purpose. 

Sec. 5. The president and trustees, or a majority ofrpj^gj^. powers. 

^ them, of any town incorporated as herein directed, shall 
have power to make, ordain, and establish and execute 
such ordinances fn writing, not inconsistent with the laws, 
or the constitution of this state, as they shall deem neces- 
sary to prevent and remove nuisances, to restrain and pro- 
hibit gambling, or other disorderly conduct, and to prevent 
the running of, and indecent exhibitions of horses, \\ithin 
the bounds of such town ; to provide for licensing public 
shows; to regulate and establish markets; to sink and keep 
in repair public wells; to keep open and in repair the 
streets and alleys of such town, by making pavements, or 
sidewalks, as to them may seem needful; Provided always, 
that the 4ot in front of which any side-v.alk is made, shall 
be taxed to pay at least one half of the expenses of making 
such side-walk. The said president and trustees shall also 
have power to pro\'ide such means as they may deem ne- 
cessary to protect such town from injuries by fires. And 
for the purpose of carrying the aforesaid powers into effect, 
the said president and trustees shall have power to define 
the boundaries of such town: Provided, that the same shall 
not exceed one mile square, and to levy and collect an- 
nually a tax, on all the real estate in such town, not ex- 

*32 



364 INCORPORATIONS, 

ceeding fifty cents on every hundred dollars, of assess- 
ment valuation thereof. 

Sec. 6. It shall he the duty of the said president and 
Their duties, trustees, to cause all the streets and alleys of such town, 
and all the puhlic roads passing from and through such 
town, for one mile from the centre thereof, to be kept in 
good repair; and to this end, they are authorized to re- 
quire every male resident of such town, over the age of 
twenty-one years, to labor in said streets, alleys, and roads, 
at least three days in each and every year; and if such 
labor shall be insufiicient, to appropriate so much of the 
tax levied on real estate, as may be necessary to keep the 
said streets, alleys, and roads in repair, and also to ap- 
point and prescribe the duty of all such officers, for such 
town, as they may deem necessary to carry into effect the 
foregoing powers; the collectors of the corporation tax, 
and the treasurer, shall severally give bond, made paya- 
ble to the president and trustees, and their successors in 
office, with good and sufficient securities, in such sum as 
may by said president and trustees be deemed advisable. 
And a clause shall be inserted, that if at any time addi- 
tional security be required, the sam.e shall be given: the 
conditions of which bonds shall be, that the officer shall 
faithfully perform the duties of his office; and said officers 
shall remain in office one year, (unless sooner removed,) 
and until others shall be appointed, and shall have given 
bonds. 
Term of ser- gj,^. 7. The Said president and trustees, elected under 
^'*^^' this act, shall continue in office for one year, and until 

their successors shall be elected and qualified. And it 
shall be their dut}^, before their time expires, to give at 
least ten days pubhc notice to the quahfied voters, under 
this act, to meet at such place as they may name, in such 
town, and elect a new board of president and trustees, for 
such town : and all vacancies, which may happen in said 
board by resignation, or otherwise, before tlieir term of 
office expires, "shall be filled by the other members of the 
board. The proceedings of said board shall always be 
pubhc; and all their ordinances, before taking effi-ct, shall 
be pubhshed for at least ten days, in a newspaper of such 
town, or by setting up copies of the same, in three of the 
most public places in such town. A majority of said board 
shall constitute a quorum. 
Monies how Sec. S. A]] moneys arising from the collection of taxes, 
exjKjnded. fines, penalties, and forfeitures, shall be appropriated by 
said president and trustees towards the erecting, impro- 
ving, and regulating those objects which, by this act, arc 
placed under their control and jurisdiction, and to none 



INCORPORATIONS, 365 

others. And it shall be their duty to have an account 
current of the fiscal concerns of the corporation so kept, 
as will at all times, shew the true situation of the same to 
such as may desire to inspect the same : and the said pres- Accounts lo be 
ident and trustees shall have full power to enforce their i^^pt- 
ordinances, by authorizing the person or persons by them 
appointed to collect any tax imposed in pursuance of this 
act, to collect the same by distress and sale of goods and 
chattels of the person chargeable with the same, on giving 
at least thirty daj s public notice of the time and place of 
such sale: and, if no goods and chattels of the person 
chargeable with said tax, can be found, it shall be lawful 
to sell any town lot, owned by such person, or, so much 
thereof as will pay the tax due and in arrear from any 
such person, upon giving at least thirty days notice of the 
time and place of making such sale, paying to the owner, 
or owners, the overplus, if any. The president and trus- 
tees may impose fines for the breach of their ordinances; 
but no fine shall be inflicted on any one person, for any ^j^^^^^"^^"^ 
one breach of any ordinance, of more than five dollars, 
which fine may be recovered before any justice of the 
peace, by action of debt, in the name of the president and 
trustees of such town, and collected by execution, as 
other judgments of justices of the peace. All fines col- 
lected in pursuance of this act, shall, by the officer collec- 
ting the same, be paid over to the treasury of ihe corpo- 
ration; and, for an omission to do so, such officer may be 
proceeded against by the president and trustees, in an ac- 
tion of debt for the same. 

Sec. 9. I'vvo thirds of the qualified votersofany townS^^^^^^^^^'^ 

.1 i. i.ii •• r l^ • 'ii li may be dissolv- 

incorporated according to tne provisions of this act, shall g^i/ 
have power to dissolve the same at any annual election 
for president and trustees, by voting against the incorpo- 
ration, as is directed in the second section of this act. 

Sec. lO. Whenever a president and trustees shall bepoHsto be de- 
elected for any town as herein directed, it shall be theiivered to trus- 
duty of the president and clerk of the first meeting, pro-^^^^* 
vided for in the first section of this act, to deliver to them 
a certified statement in writing, of the polLi at said first 
meeting; and it shall be the duty of such president and 
trustees, to deposit the same with the clerk of the coun- 
ty commissioners' court, of the proper county, to be enter- 
ed on record in his office; and before entering upon theii- 
dut}', to take an oath to discharge this duty according to 
their best abilities. 

Sec. 11. Wheneverany town shall be incornorated by r^ . , 

xx.' i. II xi 1 • i- .1 ^ / Certain laws 

this act, all other laws mcorporating the same, or made repealed. 
to regulate in any way, the internal police of such town, 



366 JAILS AND JAILERS. 

'^bal'^'^T shall be considered as repealed. The inhabitants of any 

pu ic roa . ^Q^yp incorporated by this act, shall not be required to 

work upon any road, except as herein required. And 

whenever any (own corporation shall he dissolved, accor- 

Wh d' ^'"'^ ^^ ^^^^^ ^*^''' ^'^ persons having any funds belonging to 

ed county to "^^^^'^ corporation, in their hands, shall pay the same into 

J)ave funds. the coiHJty treasury; and all bonds and securities taken 

for the same by such corporation, shall vest in the county 

commissioners for the use of such county, who may have 

and maintain any proceedings thereon in 1 iw or equity, 

which might have been had by the said corporation. 

» Sec. 1*2. This act shall be considered a public act, 

and shall be in force from and after the first day of March 

next. 

Approved, Feb. 12, 1831. 



JAILS AND JAILERS. 

^JV A CT concerning Jails and Jailers^ 

in force July Sec. 1. Be it enacted hy the people of the state of Illinois^ 
1, 1827. represented in tJie General Assembly,, That there shall be 
Acommon jail^^^P^^'^^ mantajncd, in good and sufficient condition anc^ 
to be kept inr^pair, a Common jail in each county within tiiis state, at 
each county, (hg permanent Seat of justice forsuch county. 
Sheriff to be ^EC. 2. The sheriff of each county in this state shall 
keeper, have the custody, rule, keeping, and charge of the jail 

withii. the county, and of all prisoners in such jail, and 
may appoint a jailer under him, and remove him at pleas- 
ure, for whose conduct he shall be responsible. 

Sec 3. It shall be the duty of the sheriff and jailer 
Jail to r^eive(.Q j,^^^.jyg from constables and other officers and confine 
in such jail, all persons who shall be apprehended by 
such constables or other officers, for offences against this 
state, or who shall be committed to such jail by any com- 
petent authority, until discharged by due course of law. 
Sec. 4. It shall not be lawful for any sheriff or jailer, 
Debters and to confine or keep debtors and persons committed for 
keia'separl^e^^c'i'^GS in the same room, but they shall be confined and 

kept separate and apart frorn each other. 

Convicts to pay j^g^,, 5^ Every person who shall be committed to the 

pnson ^''P^^-common jail within any county of this state, by lawful 

authority, for any crime or misdemeanor, if he or she shall 

be convicted thereof, shall pay the expenses of arresting 



JAILS AND JAILERS * 367 

and conveying him or her to the said jail, and also of his 
or her support while in jail, before he or she shall be dis- 
charged, and the property of such person shall be sub- 
jected to the payment of such expenses from the time of 
his or her arrest; and all such expenses up to the time of 
conviction shall be included in the judgment for costs. 
All expenses incurred for the support of such convicled 
person after conviction, may be collected by order of the 
circuit court, from lime to time as occasion may lequire: 
Provided^ however^ that said court may, in their discretion, 
refuse to make such order upon being satisfied on the oath 
of such convicted person, or otherwise, that such convic- 
ted person has no property or means of satisfying such 
expenses for his or her support. 

Sec. 6. Whenever any person committed to jail "P^i^ vl^dT^o^ w>or 
any criminal process, under any law of this state, shall persons, 
declare, on oath or affirmation, in writing, that he or 
sbe is unable to buy or procure necessary food, the sher- 
rflf or jailer shall provide such prisoner with necessary 
food, for which he shall be allowed a reasonable compen- 
sation, to be ascertained by the county commissioners' Compensanon 
court, and paid as other county charges. And, if from the* ^^^ 
inclemency of the season, the sickness of the prisoner^ &r 
other cause, the sheriif shall be of opinion that addition- 
al clothes or bedding are necessary for such prisoner and 
such prisoner shall be unabh to obtain or procure the 
same, the said sheriff shall furnish the same, for the use 
of such prisoner during his confinement; for which he 
shallbe allowed a justcompensation, and paid as aforesaid. 

Sec. 7. Every sheriff and jailer, and other person or prisoners may- 
persons whatsoever, to whose custody or keeping any per- buy certain »©- 
son or persons shall be committed, by virtue of any writ*^^^^"^^' 
or process, or for any criminal offence, except on convic- 
tion of any felonious offence, shall permit and suffer him, - 
her, or them so committed, at his, her, or their will and 
pleasure to send for,and have any cider, ale, beer, victuals, 
or other necessary drink or food, from what place and 
whom they please, and also to have and use such bed- 
ding, linen, and other things, as he, she, or they shall 
think fit, without detaining the same, or any part there- 
of, or enforcing or requiring him, her, or them to pay for 
the having or using thereof, or putting any manner of re- 
straint or difficulty upon him, her, or them, in using there- 
of, or relating thereto. And it shall be the duty of the Grand Jury to 
grand jury, at each term, or a committee to consist of at inspect jails 
least three members thereof, to visit the jail of their coun- ^"^ pri6or>er. 
ty, and examine the condition thereof, and enquire into 
the treatment of the prisoners, and make report thereof to 



868 JAILS AND JAILERS. 

Duties of the the courl. And it is hereby made the especial duty of 
drcuit court, fh^ circuit court, at each term, to inquire and see that 
all prisoners, civil and criminal, are humanely treated. 

Sec. 8. All persons convicted of any felonious or oth- 
er hij^h crime, and sentenced to imprisonment for si:i 
^p7orinferior"^<^"t'^s or upwards, shall, for the whole term of their im- 
food. prisonment, be kept upon inferior, but wholesome food* 

All spiritous liquors are prohibited to such prisoners un- 
less by the direction of some respectable physician. 

Sec. 9. It shall be the duty of the keeper of the jail. 
Jailers to re- in everj' county within this state, to receive into his cugto- 
cejvt U. S. pri- (jy any prisoner or prisoners who may be, from time to 
time, commilted to his charge under the authority of tlie 
United States, and to keep safely every such prisoner or 
prisoners, according to the warrant or precept of such 
commitment, until he or they shall be discharged by due 
<;ourse of {lie laws of the Uited States. 

Sec. 10. The keeper of every jail aforesaid, shall be 
subject to the same pains and penalties, for any neglect 
Penalty for ne- Qj, failure of duty herein, as he would be subject to, by 
^ ^ '^' the laws of this state for the like neglect or failure in the 
case of a prisoner committed under the authority of the 
said laws. Provided^ always^ that the United States do 
iJ S to a P^^' ^^ cause to be paid, fortl^e use and keeping of such 
expenses of j^ils, at the rate of fifty cents per month, for each person 
their prisoners, that shall, under their authority, be committed thereto, 
and also to the jailer such fees as he would be entitled to 
for like services rendered, in virtue of the existing laws 
of this state, during the time such prisoner shall be there- 
in confined; and moreover, do support such of the said 
prisoners as shall be committed for offences. 

Sec. 11. Whenever the sheriff of any county in this 
Guard may be state shall be of opinion that the jail of his county is in- 
summoned in sufficient to secure the prisoners that shall be confined, 
therein, it shall be his duty to give notice thereof to tlie 
county commissioners' court of such county ; and also when- 
ever any sheriff shall have in his custody any person or 
persons charged with any capital offence or other high 
crime against the laws of this state, and the jail of tlie 
county shall be insuflicient, or if there shall be no jail in his 
county, he may, by and with the advice and direction of 
any of the judges of the circuit or supreme court, or of 
any two justices of the peace of his county employ a 
guard sufticient for the guarding and the safekeeping of 
such prisoner or prisoners in his own county, the said 
guard not to exceed, however, in any instance, more than 
three persons. The expenses of said guard to be audi^ 
ed and paid as other county expensee. • 



JAILS AND JAILERS. # 360 

ScE. 12. It shall be lawful for the sheriff of any coun- 
ty in this state, when there shall happen to be no jail, or 
when the jail of such county shall be insufficient, to com- Prisoners may 
mit any person or persons in his custody, either on civil be taken to 
or criminal process, to the nearest jail of some other <^oun-^^^^°J^^^^J^^^^^^^ 
ty, in the same circuit; and it is here])y made the duty of 
the sheriff or keeper of the jail of said county to receive 
such persor; or persons so committed as aforesaid, and 
him, her, or them, safely keep, subject to the order or or- 
ders of the circuit judge for the said circuit. Notice to the 

Sec. 13. It shall bo the duty of the sheriif so com- ^i'^cuit judge, 
mitting any person or persons as aforesaid, forany criminal 
offence, forthwith to notify the circuit judge for the cir- 
cuit where such person or persons, so committed is, or are 
to be tried, of the committing of such person or persons 
to the jail of such other county; and transmit at the same 
time to such circuit judge a copy of the cause of the cap- 
tion and detention of such person or persons. Whereup- Judge to issue 
on, it shall be the duty of such circuit judge, within fif-™ h^^"' cor- 
teen days next precding the first day of the circuit court 
of the county where such person or persons is or are to 
be tried, to issue a writ or writs of habeas corpus^ direct- 
ed to the sheriff or keeper of the jail of the county where 
such person or persons is or are committed, commanding 
him or them to have the body or bodies of such person 
or persons thus committed, together with the day and 
cause of his or their caption and detention, before the 
circuit court of the said county for the trial of such offen- 
ces, on the first day of their next term of the said court; 
and it shall be the duty of the said sherifi or keeper of 
the jail to bring or cause to be brought, the said person or 
persons, thus committed as a foresaid, on the day and at 
the place mentioned in the said writ. And any sheriff or 
keeper of the jail as afreeaid, failing or neglecting to 
make return as aforesaid, and to bring the body or bodies 
of said person or persons according to the command of 
the said w^it, shall be deemed guilty of a contempt of the 
said court, and shall be liable to be attached and commit- 
ted to the jail of the said county, there to remain with- 
out bail or mainprize until he shall obey such writ: And 
shall moreover forfeit to the prisoner or party aggrieved, 
a sum not exceeding five hundred dollars, to be appor- 
tioned according to the nature, aggravations and cir- 
cumstances of the case, and the injury which the party 
aggrieved may sustain thereby, to be recovered by the 
prisonerorparty aggrieved, in an action on the case found- 
ed upon this statute; and the said sheriff or keeper of 



370 



JUDGMENTS AND EXECUTIONS. 



Expeoiei im 
prisonmen 
how paid. 



the jail, may also in the direction of the said court be re 
moved from office, and rendered incapable of holding or 
executing the same thereafter. The sheriff for com- 
mitting any prisoner as a foresaid, or for executing any 
WTit of habeas corpus^ under this act, shall be entitled to 
the like fees as are provided by law for similar services. 

Sec. 14. In all cases were a person is committed from 
another county, for a criminal otfence under this act, such 
county or the prisoner shall pay the expenses, in the same 
manner as if the commitment had been in the county 
where the offence was committed. And in civil suits the 
plaintiff or defendant, shall pay the expenses in the same 
manner as if the inprisonment had taken place in the 
same county where the suit was commenced. 

Sec. 15. The sheriff may be imprisoned in the jail in 
his own county, and for the time that he shall be confin- 
ed within the walls of the prison, the coroner shall have 
the custody, rule, keeping, and charge of the said jail, and 
shall by himself and his securities be answerable for the 
faithful discharge of his duties in that office. 
Acts repealed. Sec. 16. The act entitled "An act for the safe keep- 
ing of prisoners," approved March 22, 1819; and the 
act entitled "An act authorizing the commitment of per- 
sons to the jail of another county arrested in a county where 
there is not a sufficient jail," approved IMarch 22d. I8l9; 
and the "Act for the safe keeping of prisoners com.mitted 
to any jail in this state, under the authority of the Uni- 
ted States," approved January 20, 1821, are hereby re- 
pealed. This act to take effect the first day of July 
next. 

Approved, Jan. 26, 1827. 



Coroner to be 
jailer when 
sheriff in im- 
presened. 



G 

mi. 
ceil 



JUDGMENTS AND EXECUTIONS. 



In foice Maj .^.^ ACT concerning Judgments and Executions, 

1, 1825. 

Sec. 1. Be it enacted hy the people of the state of Illinois^ 

Goods, chat- represented in the General Assembly^ That all and singular 

teis and lands thc goods and chattlcs, lands, tenements and real estate of 

SecJtio^^^ °" every person against whom any judgment has been, or 

hereafter shall be obtained, in any court of record, either 

at law or in equity, for any debt, damages, costs, or other 

sum of money, shall be liable to be sold upon execution to 

be issued upon such judgment; and the said judgment 

shall be a lien on such lands, tenements and real estate. 



JUDGMENTS AND EXECUTIONS. • :371 

■from the last day of the term of the court in whkh the 
same may l)e rendered, for the period of seven years: 
.Pro'oided. That execution be issued at anv time within p, . 
one year on such judgment, and from and after the said 
seven years, the same shall cease to he a lien on any real 
estate, as against bona fide purchasers, or subsequent in- 
cumbrances by mortgage, judgment, or otherwise: -P'o- pj-oviso 
rcided, That in case the party^ in whose favor any such 
judgment shall have been entered, shall be restramed by 
injunction out of chancery, or order of any judge or court, 
either from issuing execution, or selling thereon, the time 
which he shall be so restrained shall not be deemed or 
considered as any part of the said seven years. 

8ec« 2. That when any judgment shall have become 
a lien as aforesaid, and the defendant happen to die be- ^^^^^";?^^^;^\'^^^ 
fore execution shall have been issued thereon, the reme- cmion issued 
dy of the person in whose favor the said judgment shall remedy not 
have been rendered, shall not be delayed or suspended ^^^^y^"^' *^^* 
by reason of the non-age of any heir or heirs of such 
defendant; but no execution shall issue upon such judg- 
ment, until the expiration of one year after the death of 
such defendant- nor shall any previous law of this state, 
which gives no preference to the claims of a creditor of 
a deceased debtor, be so construed as to impair. or aifcct 
the lien of any judgment as aforesaid. 

Sec. 3. That the legal holder or holders by record, of Certificates of 
any certificate of purchase of lands from the United ^^"^' ^'^^^^ to 
States, shall be deemed to be vrithin the true intent and ^^^^"^^^"• 
meaning of this act. 

Sec. 4. That in all executions to be issued upon judg-I"^erest aiiow- 
ments hereafter to be recovered upon contracts either ^^ °? ^"^^~ 
express or implied, it shall be lawful to direct the collec- 
tion of interest on the said judgment from the time of 
recovering the same until paid, at the rate of six per 
centum per annum. 

Sec 5. That it shall be lawful for the party in whose 



Execution 



may 



favor any judgment as aforesaid may be obtained, to js^up j^^„,.^^^ 
have an execution against the body of such debtor, or the body, kc. 
against his goods and chattels, lands and tenements, in the °^ defendant, 
usual form, or both in succession, and to be directed to 
any county in the state, at the election of such party : Pro- Proviso. 
Tided, however. That no execution shall be issued a^iainst 
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: Jlnd proxided, also. That no 
33 



S12 JUDGMENTS AND EXECUTIONS. 

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 imprisonment for 
debt in certain cases," approved, February 17, 1823; 
but nothing in this act contained, nor in the said act abol- 
ishing imprisonment for debt, shall restrain or prevent 
any execution being issued against the body of any de- 
fendant, where the judgment shall have been obtained 
for a tort or trespass committed by said defendant. 
Execution to ^J^c. 6. That all executions shall be made returnable 
be returned in ninety days after date, and no writ of execution shall 
90 clays. |)jj^^ ^{^P pjoperty of the goods and chattels of any person 

against vvhom such writ shall be issued ; but from the timiC 



officer, to be executed; and for the better main festal ion 
Siienff to or.- ^f ^\^q g^^j^ time, the shcriii, or other cfficer shali, on the 

dovse the time • j_ r i • , i i i . i 

of receiving receipt ol every such writ, endorse upon the back there- 
execmion. of the liour, day of the month, -ind year, when he recei- 
ved the same. 

Ssc. 7. That in all cases where executions have been 

issued from the coi?rts of record, and replevied piirsu- 

Repievy bonds ant to the laws cf this state, the replevy bonds so taken 

force^anddTect^^^^^^ '^^^^^^ ^'^^ ^^^'^ ^^^'^^ ^''^ effect uiidcr this act, as 

of judgments, they w^ould have under those laws; and when executions 

Kot rep] cTiabie shall be issued on those bonds, no further replevy of any 

kind shall be allowed; but such proceedings may be had 

thereon, as in other cases of execution under this/act. 

Sec. 8. That no lands or ter.em.ents shall be sold by 
virtue of any execution aforesaid, nnless such sale be at 
Lands etc. to Public vendue, and between the hours of nine in the 
be sold by pub- morning and the setting of the sun of the same day, nor 
lic vendue. utjIcss the time and place of holding sucli sale shaii have 
And be adver- ^G-^* previously advertised, for the space of twenty days, 
tised. by putting up written or printed notices thereof in at 

least Ihreeof the most public places in the county viherc 
the lands may be situated, specifying the name of the 
plaintiiF and defendant in the execution, and in all vrhich 
notices, the lands or tenements to be sold shall be descri- 
bed with rpasonable certainty, by setting forlh their 
number, or by some other appropiatc description; and 
Penalty on ^^ '^'^^ slierilF or other officer siiall sell any lands or tenc- 
bheriiT for vio-iTiervts by virtuc of any such execution, otherwise than in 
lating the pro- thc manner aforesaid, or without such previous notice, 
secaon.°^ ^^'^or if any person shall take down or deface any such no- 
Peaaity forta-ticc, previous to the day of sale, unless upon satisfaction 
king down ad- of (he judgment on which such execution issued, or 
vemsements. ^,j^|^Qy^ ^]^^ consent of the plaintiff and defendant here- 
in thc sheriff, or other officer so offending, every such 



I 



JUDGMENTS AND EXECUTIONS. ^ 373 

offence, forfeit and pay the siimof fiftv dollars, and everj 
person so offending by taking down or defacing such no- 
tice, shall forfeit and pay the like sum of fifty dollars, to 
be respectively recovered, with cost of suit, in any court 
of record in this state, by the person whose lands may 
have been advertised for sale: Provided, hozoever, that "^°^'^^°' 
no such offence, nor shall any irregularity on the part of 
the sheriff or other officer having the execution, be deem- 
ed 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- ^.^'fP^'J^*^ *° ^'^ 
perty, shall be levied upon by virtue of any execution 
issued as aforesaid, it shall be the duty of the sheriff, or' 
other officer making such levy, to cause the same to be 
valued or appraised by three disinterested freeholders 
of the count}^ 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, May be sold to 
the said real estate may be struck off to the highest bid- ^^ ^^^ 
der for v/hat it will bring, and without regard to such 
valuation or appraisement; Provided, however, that if Pirovjso, 
the execution, by virtue of which the sale be mPcde, shall 
have been issued upon a judgment heretofore rendered, or 
on a replevy bond taken or given before 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 tha.t case, the said premises, real estate, or personal 
property, shall not be struck off to the highest bidder, 
unless the bid amount to two-thirds of such valuation or 
appraisement. And if the plaintiff in the execution will If P^peity will 
not bid two-thirds of such valuation or appraisement, or J|°rds hs vaTua- 
take the said premises, or real estate, or persona,l property tion. 
at that ra,te, or so much thereof, at his election, as will 
.satisfy the execution, the judgment upon which it issued Judgment cea- 
shall altogether cease to be a lien as against all other ^°^ ^° ^^ ^ ^^^"' 
judgments, or subsequent bona fide purchasers, or incum 
brances by mortgage, judgment, or otherwise: Provided, '^^^^^' 
always, that the plaintiff in any execution may elect on 
what property he will have the same levied, except tl#5 
land on which the defendant resides, and his personal 
property, v/hich shall be last taken in execution : ' And 



374 JUDGMENTS AN^D EXECUTIONS: 

Proviso. Provided^ also, that when any property, real or personaL 

shall be taken in execution, if such property he suscepti- 
ble of division, it shall he 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 exe- 
cution already issued, or that shall hereafter be issued, it 
shall be the duty of the sheriff" or other officer, instead of 
executing a deed for the premises sold, to give to the pur- 
Sheriff to give a chaser or purchasers of such land or tenements, a certi- 
cirtificate of fl^j^te in writing, describing the lands or tenements pur- 
chased, 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 
Sheriff to file a officer shall, within ten days from such sale, file in the of- 
dupiicate of g^.^ of the clcrk of the county, a duplicate of such certifi- 
ifrks office, cate, signed by him: and such certificate, or a certified 
copy thereof, shall be taken and deemed evidence of the 
facts therein contained. 

Sec. 11. That it shall be lawful for any defendant, his 
beirs, executors, administrators, or grantees, whose lands 
DefenJant &;c. Or tenements shall be sold after this act takes effect, by 
may redeem virtue of any execution within twelve months from such 
real property m ^ale, to redeem such lands or tenements, by paying to the 
purchaser thereof, his executors, administrators, or assigns^ 
or to the she riff or other officer who sold the same, foT 
the benefit of such purchaser, the sum of money which 
may have been paid on the purchase thereof, or the 
amount given, or bid, if purchased by the plaintiff" in the 
With ten per execution, together with interest thereon at the rate of 
eent. mteiest . ^^^ ^^^^ centum from the time of such sale, and on such 
sum being made as aforesaid, the said sale and the certi- 
ficate thereupon granted, shall be null and void. 

Sec. 12. That if default be made by any such defen- 
does Vot r°- ^^^^ ^^ redeem the lands or tenements which have been 
deem, judg- SO sold, it shall be lawful for any other judgment credi- 
ment creditor tor to redeem the same in the manner prescribed in the 
i"i\^r5 momS preceding section, within fifteen months after such 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 

tl!c time of such sale, it shall be the duty of the sheriff" or 

Property not other officer, who sold the same, or his successor in office, 

redeemed orbis executors or administrators,, to complete such sale^ 



JUDGMENTS AND EXECUTIONS. -3!^^ , 

by executing a deed to the purchaser; and if any credi- sheriff to give a 
tor shall redeem such lands or tenements as aforesaid, it^^^*^* 
shall be the duty of the sheriff, or other officer, onf the ex- 
piration of fifteen months from the time of such sale, to 
execute a deed to su<:h creditor as the original purchaser; 
and such deeds shall be as valid and effectual in law, as 
if such creditor had been the original purchaser. 

Sec. 14. That when a sheriff or other officer shall exe- ^'^^^^^'^J^^^^ 
cute a deed for lands or tenements, which he may have ledged before 
sold by \drtue of any execution, it shall be his duty to the clerk. 
acknowledge the same before the clerk of the court 
whence it issued, or in open court, unless it issued from 
the supreme court, in which case the acknowledgment 
may be made before the clerk of any county commission- 
ers' or circuit court; and the clerk's certificate of such 
acknowledgment shall be deemed prima facie evidence 
of the execution thereof. 

Sec. 15. That vrhen any sheriff or other officer shall ^^ 
go out of office, not having made a deed for any lands or out of office his 
tenements, which he may have sold, by virtue of any ex- successor to 
ecution, it shall be lawful for him, his successors in office, ™^^® ^^^^^' 
or if he be dead^ for his successor, his executor, or ad- 
ministrator, to make and acknowledge a deed for the 
same; and in no case shall the death of a sheriff take 
away or suspend the powers of the deputy sheriff of such Deputy sherift' 
sheriff; but such deputy may do all acts and things wliich prkldpaL^^^ ^^ 
he could have done, had the sheriff remained in full life, 
until his povrers be superseded' by the appointment of a 
principal sheriiT. 

Sec. 16. Tiiat no goods or chattels shall be sold by Ten day's no- 
virtue of any execution aforesaid, unless previous notice ^^^^^ to be given 
of such sale^shail have been given, for at least ten days g^^^^f p^^^p^^^] 
successively, by putting up written or printed notices 
thereof, in three of the most public places in the county 
where such sale is to be, specifying the time and place 
where such goods and chattels are to be sold; and any 
person or persons who shall take down or deface any such ^^V^^^y ^or tie- 
advertisement, shall incur the same penalties as are here- ^^^"^ 
in before imposed, for taking down and defacing notices 
of the sale of lands and tenements. 

Sec. 17. That whenever a sheriff, constable, or other 
officer, shadl have levied any execution, issued from the ^^fendantmay 
courts of record, aforesaid, or upon the judgment of any tj^ by^ gh°hig^" 
justice of the peace, rendered, in a civilsuit or action up-hond. 
on the personal property of any defendant, or shall be 
about to make such levy, and the said defendant be de- 
sirous of retaining the same in his possession, it may be 
lawful for such sheriff, constable, or otker officer, to take 
33* 



m(S/^ 



JUDGMENTS AND EXECUTIONS. 



Mortgagee may 
sue for scire 
facias. 



a bond from the defendaivt, with security, that stich prop^ 
erty shall be forthcoming, or delivered, at such time and 
place as may be named in the condition, and- that the 
same shall not be disposed of, injured or the Kk^; and 
a bond, so taken, shall not be deemed void, as taken by 
color of office. 

Sec. 18, That if default be made in the payment of 
any sum of money, secured by mortgage on lands and 
tenements, duly executed and recorded, and if the pay- 
ment be by instalments, and the last shall have become 
due, it shall be lawful for the mortgagee, his executors or 
administrators, 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 an}' part 
thereof, directed to the sheriff, or other proper officer, of 
such county, requiring him to make known to the mortga- 
gor, or if he be dead, to his heirs, executors, or adminis- 
trators, to shew cause, if any they have, why judgment 
^should not be rendered for such sum of money as may be 
due by virtue of said mortgage; and upon: the appear- 
ance of the party, named as a defendant, in said writ of 
scire facias, the court may proceed to judgment, as in 
other cases: but if said scire facias be returned nihil, or 
that the defendant is not found, an alias scire facias may 
be issued; and if it be returned as aforesaid, or if the 
defendent appear and plead, or make default, the court 
may proceed to give judgment with costs, for such sum as 
m^ay be due by said mortgagee, or appear to be due by 
the pleadings, or after defence, if any be made; and also 
that said mortgaged premises be sold to satisfy sudi judg- 
ment, and may award or direct a special writ of fieri 
facias, for that purpose, to the county or counties in which 
said mortgaged premises may be situate, and on which 
the like proceedings may be had, as in other cases of ex- 
ecution levied upon real estate: Provided^ however, that 
the judgment aforesaid shall create no lien on any other 
lands or tenements than the mortgaged premises, nor 
shall any other real or personal property of the mortgagor 
be liable to satisfy the same ; but nothing herein contain- 
ed shall be so construed as to affect any collateral secu- 
rity, given by the mortgagor, for the payment of the same 
sum of money, or any part thereof, secured by the mort- 
gage deed. 

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

erty exempt ^^ rf ^ ^ , , i -^ • r j 

from taxation, bed and beddmg, one spmnmg wheel and pairol card?. 



If scire facias 
be returned 
nihil, alias may 
issue. 



Mortgaged 
property may 
be to\d. 



^ 



JUDGMENTS AND EXECUTIONS. 2tt 

provisions not more than sufficient for the support of th^ 
family three months, and the necessary utensils for cook- 
ing, 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: Pro- 
vided, that the wearing apparel of every person shall be 
exempt from execution. 

Sec. 2Gk 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 hereafter be made for 
the payment of or in notes of the state bank of Illinois, 
to render judgment for the specie value of such notes, at 
the time when such payment ought to have been made, 
according to the terms of such contract. 

Sec. 21, That when notes, bonds, bills, obligations^ 
mortgages, or other securities, have been or shall here- 
after be made or executed to the president and directors 
of the state bank of Illinois, and evidently for the pay- 
ment of money in the notes of said bank, and judgment 
has been or shall be obtained upon any such note, bond, 
bill, obligation, mortgage, or other security,, by reducing 
the number of dollars therein expressed, to their specie 
value, it shall be lawful and the duty of every such judg-J«(^gments in 
ment debtor to satisfy and discharge the same j'ldgment, g^^^°^i^^°^)^ ^ ' 
or any execution which may be issued thereon, by pay- 
ing the same number of dollars in the notes of the said 
bank, as are or may be specified in such note, withthe j^'J^-fj-^^-^^^ 
addition of interest and costs in like manner payable, institution. 
And when judgment shall hereafter be rendered upon 
any such note, bond, bill, obligation, mortgage, or other 
security, it shall be the duty of the court, immediately 
after entering the judgment, to note upon the record, by 
way of memorandum^ the number of dollars in notes of 
the said bank, with interest then due thereon. And 
whenever execution shall or may issue on such judgment, 
the clerk shall' endorse the same note or mem.orandum 
on the back of the execution, and paying the sum so en- 
dorsed, with interest thereafter accruing, and eosts in 
the notes of the said bank, shall discharge the exe- 
cution and judgment: and in case of refusal to pay the 
same, the sheriff or other officer having the executioaj^ 



378 JURORS. 

shall collect it in specie, or in the notes of said bank, as 
in other cases of execution. 

Sec. 22. That nothing in this act contained shall be 
so constructed as to apply to judgments rendered by jus- 
tices of the peace on executions issued by them, except 
sections seventeen and nineteen. 

Sec 23. 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 cham- 
ber, for a certificate, (and which the said judge may in 
^mnforder^ w ^^^^ discretion grant,) certifying that there is probable 
stay execution, causc for Slaying further proceedings until the order of 
the court on the motion; and a service of a copy of the 
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. That the art entitled " An act concerning 
., . . iudgments and executions," approved, February 17, 

Certain acts re- J ^ & , , , , , ^a- ^ xi i i j 

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

be, and the same are hereby declared to be repealed. 

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

May next. 

Approved, January 17, 1825. 



I 



JURORS. 



AJV ACT prescribing the mode of summoning Grand and 
i" Iftp- "^""^ ^^^^^ Jurm^s, and defining their qualijications and duties. 

Sec. 1. Be it eyiacted hy the people of the state of Illinois j 
represented in the Genercd Assembly^ That all free white 
male taxable inhabitants in any of the counties in this 
jurorl™^^ '^ state, being natural born citizens of the United States, or 
naturalized according to the constitution and laws of the 
United States, and of this state, betw^een the ages of 
twenty -one and sixty years, not being judges of the su- 
preme or circuit court, county commissioners, judges of 
probate, clerks of the circuit or county commissioners' 
court, sheriffs, coroners, postmasters, licensed attorneys, 
overseers of the highway, or occupiers of mills, ferries, 
toll-bridges, or turnpike roads, being of sound mind and 
discretion, and not subject to any bodily infirmity, amount- 
A ing to a disability, shall be considered and deemed as 

competent persons, (except in cases where legal disabili- 
ties may be imposed for the commission of some criminal 



JURORS. ' # 371> 

offence,) to serve on all grand and petit juries, in and for 
the bodies of their counties respectively. 

Sec. 2. It shall be the duty of the county commission- 
ers' court in each of the counties in this state, wherein a 
circuit court is directed to be holden, at least twenty days Commissioners 
before the sitting of such court, to select twenty-three ^^^^^ ^^^^^^ 
persons, possessing the qualifications aforesaid, and as^"^^" jurors. 
nearly as may be, a proportionate number from each town- 
ship in their respective counties, and to cause their clerk, 
within five days thereafter, to issue and deliver to the 
sheriff, or if there be no sheriff, or he be disqualified, then 
to the coroner of the county wherein the court is to be 
held, a summons, commanding him to summon the persons 
so selected as aforesaid, to appear before the said circuit 
court, at or before the hour of eleven o'clock A. M. on 16 shall make 
the first day of the term thereof, to serve as grand jurors, ^s^^^^j^^^* 
any sixteen of whom shall be sufiicient to constitute a 
grand jury; which said summons shall be served at least 
five days before the sitting of the court, either by reading 
it to the person to be summoned, or by leaving an attested 
copy thereof at his last usual place of abode. 

Sec. 3. After the grand jury is empannelled, it shall 
be the duty of the court to appoint a foreman, who shall Foreman may 
have power to swear or affirm witnesses to testify before s^'^^^^^^^"^^®^ 
them: and whose duty it shall be, when the grand jury, 
or any twelve of them, find a bill of indictment, to be 
supported by good and sufficient evidence, to endorse 
thereon "a true bill;" a.nd when they do not find a bill 
to be supported by sufficient evidence, to endorse thereon 
"not a true bill;" and shall in either case, sign his name 
as foreman, at the foot of said endorsement; and shall 
also in each case in which a true bill shall be returned 
into court as aforesaid, note thereon the name or names 
of the witness or witnesses, upon whose evidence the same 
shall have been found. 

Sec. 4. Before the grand jury shall enter upon the 
discharge of their duties, thS following oath shall be ad- Oath of the 
ministered to the foreman, to wit: "You, as foreman of^*^^^"^^"* 
this inquest, do solemnly swear, (or affirm, as the case may 
be,) that you will diligently inquire into, and true pre- 
sentment make of all such matters and things as shall be 
given you in charge, or shall otherwise com« to your 
knowledge, touching the present service; you shall pre- 
sent no person through malice, hatred, or ill will, nor shall 
you leave any unpresented through fear, favor, or affec- 
tion, or for any fee or reward, or for any hope or promise 
thereof; but in all your presentments you shall present 
the truth, the whole truth, and nothing but the truth, 



sentineiits. 



380 ^ JURORS. 

According to the best of your skill and understanding, so 
help jou God." And the following oath or affirmation 
shall be administered to the other jurors, to wit: "The 
same oath that A. B., jour foreman, has just taken before 
jou on his part, you and each of you shall well and truly 
keep and observe on your respective parts, so help you 
God.*' 
What evidence Sec. 5. No grand jury shall make presentments of their 
shall make pre- Q^rj^ knowledj^e, upon the information of a less number 
than two of their own body, unless the juror giving the 
information is previously sworn as a witness, in which 
case, if the evidence shall be deemed sufficient, an indict- 
ment may be found thereon, in like manner as upon the 
evidence of any other witness, who may not be of the jury. 
Sec. 6. It shall also be the duty of the county commis- 
Pctltjuiyseiec-sioners' court in each of the counties in this state where- 
tcdbj county j^ a Circuit court is directed to be held as aforesaid, at 
couit.^^''^'°"^^'' least twenty days before the sitting of such court as afore- 
said, to select twenty-four persons possessing the qualifica- 
tions aforesaid, who shall compose and constitute two full 
petit juries, to serve as such at the next succeeding term 
of the circuit court, in each county respectively, to be 
summoned in like manner as is herein before directed in 
the case of grand juries. 

Sec. 7. It shall be the duty of the clerk of the circuit 
court, at the commencement of each term, to write the 
name of each petit juror on a separate ticket, and put the 
whole into a box or other place for safe keeping; and as 
often as it shall be necessary to empannel a jury, the clerk, 
sheriff, or coroner shall, in the presence of the court, draw 
by chance, tvi^elve names out of such box or other place, 
y/hich shall designate the twelve to be sworn on the jury, 
and in the same manner for the second jury, in their turn, 
as the court may, from tim.e to time, order and direct. 
Sec. 8. In all cases where any sheriff or other officer 
Summons, how shall be commanded to execute any summons, as afore- 
executed and gg^jjj j-^g gjj^u i^g required to make timely return thereof 
to the clerk, who may have issued the same, with an 
endorsement thereon, certifying on whom it has been 
executed, and the time when ; and in default of so doing, 
such sheriff or other officer shall be considered as guilty 
of a contempt, and may be fined for the use of the proper 
county, in any sum not less than ten, nor more than fifty 
dollars, unless such sheriff or other officer shall seasonably 
make his excuse, to the satisfaction and acceptance o[ 
the court. 

Sec 9. If a sufficient number of grand or petit jurors, 
Tales men, when selected and summoned as aforesaid, shall not ap- 



JURORS. ^ 381 

pear, or if by reason of challenges, or any other cause, 

there shall not be a sufficient number of quahfied persons 

to make up the pannel, the court may order the sheriff 

to return without delay, such number of good and lawful 

men of the county as may be necessary for that purpose; 

and when the .sheriff is interested, or related to either of 

the parties, the court may direct the coroner to make 

such return ; and if any circuit court should at any time Comm'rs court 

sit before the county commissioners' court shall have "i^'king no se- 

raade a selection of grand or petit jurors, as aforesaid, or ^^^^^^ll^^^^^^^y 

if on any account the whole pannel in either case shall order a jury to 

fail to attend, the court may order the sheriff or other ^^ summoned. 

officer to summon from the bystanders, being qualified 

persons, as aforesaid, a sufficient number to supply such 

deficiency: who shall continue to serve for the remainder 

of the term, unless they shall be sooner discharged by 

the court. 

Sjgc. 10. Every person who shall fail to attend, when Punishment for 
lawfully summoned to appear as a grand or petit juror, ^^^ attendance 
as aforesaid, without having a reasonable excuse, shall be '"^ ^•'"'^°^' 
con^dered as guilty of a contempt, and shall be fined by 
the courts, respectively, in any sum not less than five, nor 
more than twenty dollars, for the use of the proper coun- 
ty; unless good cause be shewn for such default at, or 
before the next term of such court; and it shall be the 
duty of the clerk to issue a summons against all such Proceedings 
delinquents (where such persons shall not come in with- ^s^'"^^ ^^^^^" 
out process) to shew cause at the next succeeding term ^"^'^ j"rors. 
of such court, why he or they should not be fined for such 
contempt; at which or any subsequent term, the court 
shall proceed to assess said fine, unless the person or per- 
sons so summoned and failing to attend, as aforesaid, shall 
appear aaid shew good cause for such delinquency: Pro- 
vided, that the oath or affirmation of any such delinquent 
shall at all times be received as competent evidence in 
his favor. 

Sec. 11. In case of the death, sickness, or non-attend- 
ance of any grand or petit juror, after he shall have been 
sworn upon the jury, or where any such juror, as afore- 
said, after being sworn, as aforesaid, shall, for any rea- 
sonable cause, be dismissed, or discharged, it shall be 
la,wful for the court to cause others, if necessary, to be 
summoned and sworn in his or their stead. 

Sec. 12. Each petit juror shall receive twenty-five Compensation 
cents for each case which he may be sworn to try, to be of petit juror*. 
advanced by the plaintiff, and taxed in the bill of costs 
against the defendant, if he be cast in the suit, except in 



382 JUSTICES OF THE PEACE AND CONSTABLES. 

criminal cases, where no allowance or charge shall be 
made, either to jurors or witnesses. 
Jurors privi- S^EC. 13. All grand and petit jurors shall be privileged 

leged from ar- from arrest in all cases, except for treason, felony, breach 
*"^' of the peace, or other criminal offence, during their at- 

tendance at court, going to and returning from the same; 
allowing one day for every twenty miles from and to their 
several places of abode; and all arrests, in such cases, 
shall be deemed as illegal and void. 

Sec. 14. It shall be the duty of the county commis- 

Rotation in sioners' court to arrange and select the grand and petit 

service. jurors, as aforesaid, so that no one person shall serve on 

the jury a second time, before all fit persons of the county 

shall have respectively served in rotation, according to 

the best information that can be obtained. 

Sec 15. That the act entitled " An act prescribing 
the mode of summoning grand jurors," approved March 
23d, 1819, the act entitled " An act concerning petit 
Acts repealed, jurors," approved March 25th, 1819; the act entitled 
'* An act to amend an act entitled an act prescribing the 
mode of summoning grand jurors," approved February 
9th, 1821; the act entitled " x\n act amending an act 
entitled an act prescribing the mode of summoning grand 
jurors," approved February 18th, 1823, and all other acts 
and parts of acts coming within tlie purview of, or repug- 
nant to this act, be, and the same are hereby repealed. 
This act to take effect from and after the first day of 
* J^ne next. 

Approved, Feb. 7, 1827. 



JUSTICES OF THE PEACE AND CONSTABLES. 

In force Dec. AJV ACT to provide for the election of Justices of the Peace 
30, 1826. Qfid Constables. 

Sec. 1. Be it enacted by the people of the state of Illinois^ 
Act repealed, represented in the General Assembly,, That from and after 
the first day of October next, the act entitled "An act re- 
gulating the manner of appointing justices of the peace," 
approved February 19, 1819, shall be and the same is 
hereby repealed. 
Counties to be ^^^* ^* ^^ shall be the dut}^ of the courts of county 
divided into commissioners of each county in this state, at their next 
dietricts. June term, to divide their respective counties into a con- 

venient number of districts, not less than two, nor more 



"V 



JUSTICES OF THE PEACE AND CONSTABLES. 3S3 

than eight, distinctly defining the boundaries of each 
district, giving to each a name, to appoint a place there- 
in for holding the elections hereinafter mentioned, and 
to cause the same to be entered of record in their re- 
spective courts. Should any of said courts fail or neg- 
lect to lay off their county into districts as aforesaid, at 
their said June term, it shall be their duty to call a spe- 
cial term of the court, for that purpose, and to proceed 
to lay off their county into districts, in all respects as 
aforesaid. It shall be the duty of the clerks of said 
courts respectively to make out, forthwith, as many copies j^s"^^he°sheJiff 
of said records, as there shall be districts in his county ^ith copies of . 
and to deliver the same to the sheriff, whose duty it shall orders. 
be within ten days after the close of the term of the court 
at which the county shall be so divided into districts, to 
post up, at the place appointed for holding elections, in 
each of said districts, one of said copies. 

Sec. 3. The said courts shall, respectively, at their judges of eiec- 
said June term, and at their June term every fourth year tion appointed 
thereafter, appoint three electors in each of said districts 
to be judges of election therein; and should any of said 
courts, at any such term, fail to appoint judges of elec- 
tion, it shall be their duty to call a court for that pur- To continne in 
pose; and judges of election, who shall be appointed as°®^^^®^'^ 
aforesaid, shall continue in office for four years, and un- 
til their successors shall be appointed. When a vacan- 
cy shall happen in the office of judge of election, or 
when any such judge shall fail to attend, or refuse to 
serve, the vacancy shall be filled, or the judge appointed Vacancies how 
in the manner prescribed in like cases by the general 
election law. The said judges, and all other judges to Notice of dec- 
be appointed by this act, shall give the notice of elec- tion and pro- 
tion, be qualified, appoint clerks, who shall be qualified, ^^^^*"§^^^^^'"' 
and the elections hereinafter mentioned, shall be con- 
ducted, returns thereof made, opened, examined, ab- 
stracts thereof made, and transmitted to the office of sec- 
retary of state, in the manner prescribed by law for the 
election of sheriffs, and the said judges of election shall 
be notified of their appointment in the manner prescrib- 
ed for notifying other judges of election: Provided^ That 
nothing in this act shall be so construed as to give the 
judges of the election or clerks any compensation for 
their services. 

Sec. 4. An election shall be held in each of said dis- Number of ji.s- 
tricts, on the first Monday in August next, and on the tices jp each 
first Monday in August every fourth year thereafter, for gjgj."^^ ^° ^^ 
two justices of the peace in each of said districts, except 
the district in which the county seat shall be, in which 

3i 



384 



JUSTICES OF THE PEACE AND CONSTABLES, 



filled. 



Elections in 
new counties. 



district there shall be three justices of the peace elected. 

To continue in ^^^ *^^ justices SO elected, shall continue in office for the 
office 4 years, term of four years, and until their successors shall be 
elected and quahfied to office, respectively; at which 
Who qualified election the inhabitants of a district qualified to vote at 
to vote. ^i^Q general election, shall be entitled to vote. The per- 

sons receiving the highest number of votes in a district, 
shall be declared duly elected. 

Sec. 5. When a vacancy shall happen in the office of 
Vacancies how justice of the peace in a district under this act, it shall 
be the duty of the clerk of the county commissioners' 
court of the county in which the vacancy shall so hap- 
pen, to issue his order to the judges of election in the 
district, requiring them on a certain day, not less than 
twenty days from the date of such order, to hold an 
election to fill such vacancy, and the said judges shall, 
at the time appointed in said order, hold an election to 
fill such A^acancy; and conduct the same, and make re- 
turns thereof, which shall be opened, examined, abstracts 
thereof made and transmitted to the secretary's office, 
in the manner directed in the fourth section. 

Sec. 6. When a new county shall hereafter be crea- 
ted, it shall be the duty of the court of county commis- 
sioners thereof, at their first term, to divide the same 
into districts as aforesaid, and appoint judges of elec- - 
tion, and a time and place for holding elections therein 
as aforesaid, and to cause the same to be entered of re- 
cord; and if, from any cause, the said court shall fail or 
neglect the duty aforesaid, at their said first term, it shall 
be their duty to hold a special term for that purpose; 
and the clerk shall make out copies of such record, and 
the sheriff shall post up the same, as is provided in the 
second section of this act; and elections shall be held 
therein, for justices of the peace, returns thereof made, 
examined, and transmitted, in all respects as provided in 
the fourth section of this act; and justices of the peace 
so elected, shall continue in office until the next quad- 
rennial election of justices of the peace, and until their 
successors shall be elected and qualified. 

Sec. 8. The election of a justice of the peace, and 
the election of a constable, may be contested in the 
manner prescribed by law for contesting the election of* 
sheriffs. 

Sec 9. Justices of the peace, who shall be elected 
under the authority of this act, shall have jurisdiction in 
their respective counties, and shall be commissioned by 
the governor, and sworn into office, as now required by 
law. 



Elections how 
contested. 



Jurisdiction of 
justice?, (5.C. 



JUSTICES OF THE PEACE AND CONSTABLES. 385 

Sec. 10. Any clerk, sheriff, justice of the P^ace, judge Pe^^^|^ty[°^^^'^- 
of the election, or other person, who shall fail, neglect, p^o^^sions of 
er refuse to perform any of the duties enjoined hy this act. 
act, relative to elections or the delivery of statutes, dock- 
ets, books, or papers, shall, for any such failure, neglect, 
or omission, forfeit and pay, for the use of the county, to 
be recovered by action of debt, in the name of the 
county commissioners, in any court having jurisdiction 
thereof, if a judge of election, clerk, or sheriff, the sum 
of ten dollars, and if a justice of the peace, the sum of 
one hundred dollars. 

Sec. 11. On the first Monday in August next, and on Election of 
the first Monday in August every fourth year thereafter, ^°"°^^^^*^^' 
at the time of electing justices of the peace, there shall 
be elected in the same manner two constables for each Vacancies how 
of said districts, who shall continue in ofiice for the same ^^^^^' 
term as justices of the peace; and when a vacancy shall 
happen in the ofiice of constable, it shall be filled in the 
manner prescribed for filling vacancies in the ofiice of 
justice of the peace. And when a new county shall be 
created, two constables shall be elected in each district 
therein, in the same manner, at the same time, and to 
continue in ofiice for the same term, as justices of the 
peace are required in new counties. 

Sec. 13. Constables to be elected under this act, shall j-. , ^^ 
be sworn into ofiice before entering on the duties of the swom into of- 
office, as now required by law. So much of the act re- fice. 
cited in the first section of this act as provides for the 
appointment of justices of the peace, is hereby repealed ; Laws repealed, 
and so much of any law, as authorizes courts of county 
commissioners to appoint constables, shall be repealed 
from and after the tenth day of September next. No- 
thing in this act contained, shall be construed so as to Pioviso. 
prevent any justice of the peace who shall be commis- 
sioned and quahfied under this act, when there shall not 
be a constable in his district, from appointing a consta- 
ble, as now required by law, who shall be qualified as 
now required in such cases, and shall continue in office 
until superseded by an election. 

Ap?iioved, Dec. 30, 1826. 



380 JUSTICES OF THE PEACE AND CONSTABLES. 



In force June '^^^'^ '^CT coiiccming Justices of the Peace and Constables, 
1, 1827. 

Sec. 1. Be it enacted by the people of the state of Illinois^ 
represented in the General Assembly^ That the justices of 
tlie peace in this state, shall have jurisdiction within their 
Jurisdiction of respective counties, to hear and determine all civil suits, 
pe'^^r ^^'' for anj debts or demands of the following description, 
viz: For any debt claimed to be due on a promissory note, 
contract, or agreement in writing, where the whole 
amount of such written contract, agreement, or note shall 
not exceed one hundred dollars. For any debt due up- 
on a verbal contract or promise for a valuable consider- 
ation, not exceeding one hundred dollars. For any debt 
claimed to be due for goods, wares, or merchandise sold 
and delivered ; or for work or labor done, or services ren- 
dered, where the amount claimed shall not exceed one 
hundred dollars. For any debt claimed to be due for 
money had and received, for money lent, for money paid 
by the plaintiff for the defendant at his request, and for 
money received by the defendant for the plaintiff's use, 
not exceeding one hundred dollars. For any debt claim- 
ed to be due upon open and unsettled accounts between 
individuals, where the whole amount of the accounts of 
either party shall not exceed one hundred dollars. For 
any debt claimed to be due upon any settled account, 
where the balance settled and ascertained between the 
parties, and remaining unpaid, shall not exceed one hun- 
dred dollars. For any debt claimed to be due upon a 
contract for rent, not exceeding one hundred dollars. For 
any debt claimed to be due for any specific article of 
property, whether due by bond, note, or verbal promise, 
not exceeding one hundred dollars. And for all debts 
claimed to be due, not exceeding one hundred dollars, 
for which the action of debt or of assumpsit would lie: 
Provided^ That nothing herein contained, shall be con- 
strued so as to vest a justice of the peace with jurisdic- 
torsan/adniin- ^^^^' ^^ ^"J ^^^^ ^" which an exccutor or administrator 
istratois are shall bc a party, where the sum demanded exceeds twen-. 
parties. ty dollars, except for debts due for property purchaseVI 

at an executor or administrator's sale, when the same 
does not exceed one hundred dollars. 

Sec. 2. That it shall be the duty of every justice, 
Tlicir docket, whenever a suit shall be commenced before him, to re- 
cord, in a book kept for that purpose, the names of the 
parties, the amount and nature of the debt sued for, the 
date and description of the process issued, and the name 



i 



JUSTICES OF THE PEACE AND CONSTABLES. 387 

of the officer to whom such process shall be delivered, 
and throughout the whole of the proceedings in any suit, 
it shall be his duty, whenever any process shall be issu- 
ed or returned, or any order made, or judgment render- 
ed, to make a written memorandum of the same, in the 
same book, and to file and safely keep all papers given 
him in charge. 

Sec. 3. Every suit before a justice, except such as are 
hereinafter provided for, in a different manner, shall be 
commenced by summons, which shall be in the following 
form, as nearly as the case will admit, viz : 

State of Illinois,) The people of the state of Illinois^ to Summons, 
County. 3 any constable of said county^ Greeting. 

You are hereby commanded to summon A. B. to ap- 
pear before me, at on the day of 
at o'clock, to answer the complaint of C. D» 
for a failure to pay him a certain demand not exceeding 
one hundred dollars; and thereof make due return as 
the law directs. Given under my hand and seal, this 
day of 182 

JOHN DOE, J. P. 

In which summons the justice shall specify a certain 

place, day, and hour for the trial, not less than five, nor 

more than fifteen days from the date of such summons; 

at which time and place the defendant is to appear ; §^^^,5 jj^^jj^^f 

which process shall be served at least three days before 

the time of trial mentioned therein, by reading the same 

to the defendant or defendants. 

Sec. 4. If, previous to the commencement of a suit, 
the plaintiff shall make oath that there is danger that 
the debt or claim of such plaintiff will be lost, unless 
the defendant be held to bail, and s