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. fenders. SEC. 9. Any person or persons, officer or officers, who Officers having may have the custody of any offender or offenders, by custody of ofvirtue 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 prosent, under the last preceding section, such officer or offi-ceed. cers, person or persons, shall deliver such prisoner or prisoners into the custody of the sheriff or jailer, together with the warrant of the said judge or justice, which shall be a sufficient justification to the said sheriff or jailer to receive and detain such prisoner or prisoners, until he, she, or they obtain bail, if the offence be bailable, or be otherwise discharged by due course of law. SEC. 10. It shall not be necessary to the validity of Warrants need 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 affixed. 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 determine 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 prisoners shall have been committed. SEC. 11. It shall be lawful for any judge or justice of Search warthe peace, upon complaint made before him upon oath or rants and proaffirmation, that a larceny has been committed, and ceedings therethat the person affirming or swearing does verily be- on. 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 or Acts repealed. justice issuing said warrant. If, upon examination of witnesses before the judge or justice of the peace who issued. said warrant, it shall be determined by such judge or justice that the goods so brought before him have been stolen, it shall be the duty of such judge or justice either to keep possession of, or to deliver, or cause to be delivered, such goods to the sheriff of the proper county, there to remain until the conviction of the thief, or the claimant's right be otherwise legally ascertained. If the thief shall not be indicted at the next circuit court after the goods shall be seized, and an action shall not be commenced against the person or persons in whose possession such goods shall have been found for the recovery thereof within one month after a circuit court shall have been held after such seizure, the said circuit court shall, at their next session, order such 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, determine 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. SEC. 12. All acts and parts of acts coming within the purview of this act, are hereby repealed. This act to take effect from and after the first day of July next. APPROVED, January 6, 1827. In force July 2, 1833. bond. DELIVERY BONDS. AN ACT to regulate the taking of Delivery Bonds. SEC. 1. Be it enacted by the people of the state of Illinois, 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 defendant, or shall be about to make such levy, and the defendant 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 delivered, at such time and place, as shall be named in the condition, and that the same shall not be disposed of nor injured, 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 delivery of property, and be levied asifno the defendant or his security shall not return the property execution may named in the said bond conformably to the condition there-levy had been 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 sufficiency thereof, cannot be found, the officer may proceed to levy on so much of the property of the security in the delivery bond as will make the amount called for in such bond, and the property which may be so taken, may be sold by giving ten days notice thereof, and no further delivery bond shall be allowed. 75 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 the same are hereby repealed. This act to be in force from and after the first of July next. APPROVED, March 1, 1833. DEPOSITIONS. AN ACT regulating the mode of taking Depositions, and to In force June provide for the perpetuating of testimony. SEC. 1. Be it enacted by the people of the state of Illinois, represented in the General Assembly, That when the testimo ny of cessary any non-resident witness or witnesses shall be nein any civil cause depending in any court of law or equity in this state, it shall be lawful for the party wishing to use the same, on giving to the adverse party or his attorney ten days previous notice, together with a copy of the interrogatories intended to be put to such witness or witnesses, to sue out from the proper clerk's office a dedimus potestatem, or commission under the seal of the court, directed to any number of persons, not exceeding three, as commissioners, or to any judge or justice of the peace of the county or city in which such witness or witnesses may reside, authorizing and requiring him or them to cause such witness or witnesses to come before him or them at such time and place as he or they may designate and appoint, and faithfully to take his, her, or their deposition or depositions upon all such interrogatories as may be enclosed with, or attached to said commission, both on the part of the plaintiff and defendant, and none others; and to certify the same when thus taken, together with the said commission and 1, 1827. Depositions of non resident wit nesses. Of resident witnesses. Oath of witnesses. How &c. 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 interrogatories for such purpose, on giving to the adverse party or his attorney reasonable notice of the time and place of taking the same. And it shall also be lawful, ⚫upon satisfactory affidavit being filed, to take the depositions 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: Provided, that such reasonable notice shall be intended to mean at least ten days, in all cases, and one day in addition thereto, (Sundays inclusive,) for every thirty miles travel from the place of holding the court, to the place where such deposition or depositions shall be taken. returned, 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 interrogated; whereupon, the said commissioner or commissioners, 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 interrogatories, 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. After which it shall be the duty of the person or persons taking such deposition, to 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 every such deposition, when thus taken and subscribed, and all exhibits produced to the said commissioner or commissioners, 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. Each and every commissioner or commission- Commissioners ers, judge, justice of the peace, or clerk of the circuit or to take deposicounty 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 witnesses as shall be named in the commission, or by the parties litigant, where no commission is necessary in the same manner and under the same penalties as is prescribed in other cases, where witnesses are directed to be subpenaed. of witnesses. SEC. 6. Every witness attending before any commissioner, judge, justice of the peace, or clerk as aforesaid, to be Compensation 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 expenses thereof, but may, if successful in the suit, be allowed for the same in the taxation of costs. SEC. 7. The party, his attorney, or any person who shall in any wise be interested in the event of the suit, shall not Informality be permitted to dictate, write, or draw up any deposition what will be. or depositions which may, at any time, be taken under this act; and every deposition so dictated, written, or drawn up, or that shall be returned to the court unsealed, or the seal of which shall be broken, shall be rejected by the court as |