tified as such. Living out of 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 to be cer- but when such proof or acknowledgment is made before a 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 of the but if such justice of the peace reside out peace; of this state, there shall be added to the deed a certificate of the proper clerk, setting forth that the person before 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 state, the certificate of the clerk of the county commissioners' court, of the proper county, under his seal of office, that the person taking such proof, or acknowledgment, was a justice of the peace at the time of taking the same, shall be deemed sufficient evidence of that fact. If such justice reside within the county, where the lands conveyed are situate, no such certificate shall be required. 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. Within the Within the Assignment of SEC. 2. Any conveyance or assignment of certificates auditor's certi- of the purchase of land sold for taxes by the auditor of public accounts, may be acknowledged before said auditor, and such acknowledgment shall be deemed good and valid. ficate. Residents' deeds may be state recorder's office. SEC. 3. All residents of this state who shall have acquired, or may hereafter acquire, title to any lands in recorded in the this state, which lands are not situate in the county or counties in which he, she, or they may reside, may record the same in the state recorder's office, and such resee State Recoder cord shall be as valid as though the same were recorded in the county or counties where the lands, conveyed thereby, are situated. The sixth section of the "act establishing a recorder's office, for the state," is hereby repealed. 13Jhe Rep 473 Icorded within SEC. 4. All deeds and conveyances of land lying withDeeds to be re-in 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 of such deeds and conveyquent purchas- ances, respectively; and if not recorded within that time, Post 588ts. Repealed "Repeat they shall be adjudged void as against any subsequent against subse purchaser, or mortgagee, for valuable consideration, unless such deed or conveyance shall be recorded before the recording of the deed or conveyance under which such subsequent purchaser, or mortgagee, shall claim. This act to be in force, from and after its passage. APPROVED, January 22, 1829. COUNTIES. AN ACT to incorporate Counties. In force July 1, 1827. SEC. 1. Be it enacted by the people of the state of Illinois, represented in the General Assembly, That each county All counties incorporated. which now exists, or which may hereafter be established in this state, shall be a body corporate and politic. All S. 6. suits hereafter to be brought by or against any of the counties in this state, shall be brought in the name of, or 3.76 Suits brought against "the county of ;" and by that name they by counties to may sue and be sued, plead and be impleaded, defend be in their and be defended, in any court of record, or other place name. 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. valid. 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 valid to all intents and purposes, to vest in such county in fee simple or otherwise, all such right, title, interest, and estate as the grantor or grantors in any such deed or conveyance had at the time of the execution thereof, in the lands conveyed, and was intended thereby to be conveyed. over county SEC. 3. The county commissioners' court may, by their Power of comorder to be entered on their minutes, appoint a commis- miss'rs' court sioner to sell and dispose of any real estate of their county, and the deed of such commissioner, under his proper hand and seal, for, and in behalf of such county, property. Capacity of, to contract. Court may appoint agents. Actions against favor where prosecuted. In actions a duly acknowledged and recorded, shall be sufficient to all intents and purposes to convey to the purchaser or purchasers, all the right, title, interest and estate whatever which the county may then have in and to the prémises, so to be conveyed. SEC. 4. All notes, bonds, bills, contracts, covenants, agreements, or writings made, or to be made, whereby any person or persons is, are, or shall be bound to any county or the inhabitants thereof, or the county commissioners, or county commissioners' court, or to the governor, or any other person or persons, in whatever form for the payment of money, or any debt or duty, or the performance of any matter or thing to the use of any county, shall be as valid and effectual to all intents and purposes, to vest in the said county all the rights, interest, and actions, which would be vested in any individual, if any such contract had been made directly to him: Suits may be commenced, sued, and prosecuted thereon in the name of said county as is 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 effectually, to all intents and purposes, as any person may or can upon like notes, bills, bonds, contracts, agreements, or writings made to him. SEC. 5. The county commissioners' court may appoint an agent or agents, to make any contract on behalf of such county for erecting any county building, or for any other purpose authorized by law. The contracts of such agent or agents duly executed for and on behalf of such county, shall be valid and effectual to bind such county to all intents and purposes. any SEC. 6. All actions, local or transitory, against any counties and in county, may be commenced and prosecuted to final judg ment and execution in the circuit court of the county against which the action is brought. Any action, local or transitory, in which any county shall be plaintiff, may be commenced and prosecuted to final judgment, in the county in which the defendant in such action resides.When action shall be commenced against any coungainst counties ty, a copy of the summons shall be left with the clerk of their clerk to be the commissioners' court, either during the sitting of said court, or so as a term of said court shall intervene between the day of leaving a copy of such summons and the return day thereof. There shall always be ten days between the service and return of every such summons. When county In all actions brought by or against every county, the is def't inhabi- inhabitants of the county so suing, or being sued, may jurors. be jurors or witnesses, if otherwise competent or qualified according to law. served with the summons. Ten days no tice. tants may be SEC. 7. When any judgment shall be rendered against any county, it shall be the duty of the county commis- Duty of comsioners' court to order a warrant to be drawn on their missioners after treasurer for the amount of the judgment and costs; judgment. which warrant shall be paid as other county debts. Nothing herein contained shall authorize any execution to be issued against lands or other property of any county of 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: Provided, That this act shall not affect any contract or right which may have accrued to, or against any county before the passage of this act; and all actions and suits shall be conducted in the same manner, to final judgment, on the said rights and contracts as if this act had not been passed. APPROVED, Jan. 3, 1827. AN ACT to compel the payment of certain moneys into the several county treasuries. SEC. 1. Be it enacted by 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 All fines and I penalties to be the peace, and of all other officers, to account for, and paid over to pay over to the county commissioners' court of the county county treawithin which such officer shall reside, at or before the surer. December term of the said court, in each and every year, all sums of money recovered by 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. the first section SEC. 2. Be it further enacted, That any officer failing to comply with the foregoing section, sl forfeit and pay An officer not the sum of seventy-five dollars, with any money by him complying with not accounted for 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, together with the costs of said motion Provided, that the officer against whom the motion is made shall have notice thereof at least ten days before the first day of the term at which such motion is made. APPROVED, Jan. 11, 1823. In force Feb. AN ACT to authorize additional poll books to be opened at the county seats of the several counties in this state. 9, 1831. Be it enacted by the people of the state of Illinois, represented in the General Assembly; That the county commissioners' Comm'rs. court Courts of the several counties of this state, are authoriauthorized to zed, if they deem it necessary, to organize one or more tional judges, 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. organize addi APPROVED, Feb. 9, 1831. COURTS. In force March AN ACT establishing the Courts of county Commissioners. 22, 1819. Appeals from su 1835 p. 152. see 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 commissioners elected of the counties respectively, any two account of whom shall constitute a quorum to do business. Yearly 1835.270 in each county, to be held in the court house, or place of holding courts in each county, in each and every year; Camended 1837 and said court shall have power to appoint a clerk to said 1837an courts; and at any time for any cause to be stated on p 103 the record, to remove the said clerk from office. SEC. 2. That there shall be four sessions of said court 1841 p. 103 SEC. 3. That the said court shall have jurisdiction throughout the county, whereof the said county commissioners may be elected. SEC. 4 That said court in each county shall have jurisdiction in 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 jurisdietion of said courts; and shall have power and jurisdiction to issue all kinds of writs, warrants, process, and proceeding, by the clerk throughout the state, to the neces |