the county commissioners' court, within twelve months after the establishment 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 commissioners' court of the proper county, on complaint being License for fer- made, to summon the proprietor or proprietors of such ferry, toll bridge, or turnpike road, to shew cause why the same should not be discontinued, and their license revoked; and decide thereon according to the testimony adduced, 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. ries revokable. Subject to an annual tax. Counties may purchase toll Persons not al SEC. 14. All ferries, toll bridges, and turnpike roads, which now are, or hereafter may be established as aforesaid, 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 be collected and paid over as other taxes are, and shall constitute a part of the county revenue. SEC. 15. If the county in which any toll bridge, or turnbridges. pike road shall be established and erected as aforesaid shall,, Turnpike 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 thereon, then the said bridge or road shall cease to be private property, and shall become a public bridge or highway. SEC. 16. No person shall establish, keep, or use any lowed to ferry ferry, toll bridge, or turnpike road as aforesaid, for the conwithout license veyance or passage of persons and their property as aforesaid, for profit or hire, unless he or she shall be licensed as 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, except as is provided in the ninth section, over any lake, river, creek, or any other water course, where any ferry or tolk bridge shall, at the time, be established, and kept as aforesaid, or within three miles thereof, either with or without compensation, with intent to injure the keeper or proprietor of such ferry or toll bridge, he, she, or they shall incur the same forfeitures, and may be proceeded against in the same manner as is provided in the eleventh section: Provided, that it shall not be considered illegal for any person or persons to pass any person or his property without compensation, 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. ·Proviso. SEC. 17. That the act, entitled "An act to establish and Acts repealed. regulate ferries," approved, February 20, 1819; the act entitled "An act to amend an act, entitled an act to establish and regulate ferries," approved, February 20, 1819, approved, February 9, 1821; the act, entitled "An act to amend an act, entitled an act to establish and regulate ferries," approved, January 10, 1825; the act entitled "An act authorizing the county commissioners to grant licenses 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, always, 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 former law of this state. This act to take effect from and after 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.” 12, 1827. Ferries over the SEC. 1. Be it enacted by the people of the state of Illinois, represented in the General Assembly, That the ferries here- Ohio river estofore established and confirmed over the river Ohio, to tablished 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 Com'rs courts counties which now are, or hereafter may be situated on of counties 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 certain extra power relative of said river, the right to ferry over said river: Provided, to ferries there that no ferry shall be granted over said river, within three miles of any established ferry. on. owners. No person alSEC. 3. If any person or persons except those whose lowed to ferry ferries are confirmed and established by this act, or shall except present hereafter be granted and confirmed by some county commissioners' 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 any ferry established and confirmed by this act, or which may be granted and confirmed by any county commissioners' court under the provisions of this act, he, she, or they shall forfeit every such boat or boats, to the owner of the ferry, within three miles of which such boat or boats shall be run as aforesaid; and the owner of such 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 person 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 making such motion; which notice may be served on such person or persons at any place, either in or out of the state, by delivering or tendering a copy thereof. Com'rs court to fix the rate of ferriage. Ferries hereafter established. SEC. 4. And it shall and may be lawful for the proprietor or proprietors of ferries established, or which may be established, by authority of this act, their heirs and assigns, 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 respective counties in which such ferries may be situate. SEC. 5. The 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. In force Jan. 19, 1833. AN ACT to amend the several acts therein named, relating to the several acts concerning the establishing and regulating ferries in this stae. SEC. 1. Be it enacted by the people of the state of Illinois, represented in the General Assembly, That so much of an act entitled "an act to authorize Samuel Wiggins tò es- APPROVED, January 19, 1833. FORCIBLE ENTRY AND DETAINER. AN ACT concerning Forcible Entry and Detainer. bawkins Pleas oft Crown vol 1. 272 In force June 1, 1827. 1837 p. 119. SEC. 1. Be it enacted by the people of the state of Illinois, Q.S.C. 300 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, detainer. forcible entry & or shall make any such entry by force, or if any person R. 264 shall wilfully and without force, hold over any lands, ten-sendment 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 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 justices of in this state, shall have jurisdiction of any case arising have jurisdicunder this act, and on complaint upon oath of the party tion of all ea us person 1 Slack f 26, the peace to act. 1837 p 120 es under this grieved, shall issue their summons, directed to the sheriff, (or coroner if the sheriff be interested,) of their county, Repealed in prit 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 such summons, and which shall be served at least five days before the return day thereof, by reading the same to the defendant, or leaving a copy at his place of abode; and the said justices shall, also, at the same time, issue a preHow to proceed cept to the sheriff or coroner, commanding him to summon a a jury of twelve good and lawful men of the county, to appear 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, by summoning and returning others forthwith. 10 summon jury. Sheriff's duty. 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 summons how the same was served, and on the back of said precept, a list of the names of the jurors. And if the defendant does not appear, the justices shall proceed to try Defendant not the said cause, ex parte, or may, in their discretion, postappearing, pone the trial for.a time not exceeding ten days; and the eause tried ex said justices shall also issue subpenas for witnesses, and proceed in the trial of said cause, as in other cases of trial by jury. parte. 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 describing the lands, tenements, or possessions in question, record of pro-and shall keep a record of the proceedings had before ceedings. Repealed 4/200 them; and if the jury shall find the defendant guilty, they shall give judgment thereon, for the plaintiff to have restitution of the premises and his costs, and shall award their writ of restitution; and if a verdict be given for the defendant, judgment shall be given against the plaintiff for costs and execution issued therefor. SEC. 5. If either party shall feel aggrieved by the ver dict of the jury or the decision of the justices on any trial 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 ed, if taken in the same way as appeals from justices of the peace in within five days other cases; and if the appeal be taken within five days 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 of |