Fugitives from this to other person whom the said executive may think fit to entrust with the execution of said process: any of the said persons may execute such warrant any where within the limits of this state, and convey such fugitive to any place within this state, which the executive in his said warrant shall direct. SEC. 2. Whenever the executive of this state shall 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 proceed. the 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. Expenses how paid. SEC. 3. The expenses which may accrue under the two foregoing sections being first ascertained to the satisfaction of the executive, shall on his certificate be allowed and paid out of the state treasury, on the warrant of the auditor: Person charged SEC. 4. Whenever any person within this state shall be with commis-charged upon the oath or affirmation of any credible witsion of offences ness, before any judge or justice of the peace, with the how to be ap-commission of any murder, rape, robbery, burglary, arson, prehended. larceny, forgery, or counterfeiting, in any other state or territory of the United States; and that the said person hath fled 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 satisfaction 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 Committing the next circuit court to be holden in that county. It magistrate, to shall be the duty of the said judge or justice to reduce amination of the examination of the prisoner and those who bring him, prisoner to wri- to writing, and to return the same to the next circuit court ting. reduce the ex of the county where 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 thereafter 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, where the crime is alledged to have been committed, of the proceedings which have been had against such person, and that he will deliver such persón on demand, without requiring a copy of an indictment to accompany such demand; when such demand shall be made, the executive of this state shall forthwith issue his warrant under the seal of the state to the sheriff of the county where the said person is committed or bailed, 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. ged. The party apSEC. 5. In cases where the parties shall have been ad-pearing at court mitted to bail, and shall appear at the circuit court accor- and no demand ding to the condition of his recognizance, and no demand may be discharshall have been made of him, it shall be in the power of the said court to discharge the said recognizance or continue it according to the circumstances of the case; such as the distance of the place where the offender is alledged to have been committed, the time that hath intervened since the arrest of the party, the strength of the evidence against him. In no case shall such person be held in prison or to bail, 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. SEC. 6. If the recognizance shall be forfeited, it shall enure to the benefit of the state. Persons complaining against SEC. 7. In all cases where complaint shall be made as aforesaid against any fugitive from justice, it shall be the bond for costs. 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 security shall be by bond, to the clerk of the circuit court, conditioned for the payment of costs as above; which 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, fo 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 which he shall be allowed the same 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 offer rewards when prisoners in contained shall prevent the clerk from instituting suits on said bonds in the ordinary mode of judicial proceedings, if he shall deem it proper. SEC. 8. If any person charged with, or convicted of treason, murder, rape, robbery, burglary, arson, larceny, Governor may forgery, or counterfeiting, shall break prison, escape, or flee from justice, or abscond and secrete himself; in such cases it shall be lawful for the governor, if he shall judge it necessary, to offer any reward not exceeding two hundred charged with dollars, for apprehending and delivering such person into corain offences. the custody of such sheriff or other officer, as he may direct. The person or persons so apprehending and delivering 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 the treasury for the same. All laws coming within the purview of this act are hereby repealed. This act to take effect on the first day of June next. APPROVED, Jan. 6, 1827. Betting In force Jan. GAMING. AN ACT to restrain Gaming. SEC. 1. Be it enacted by the people of the state of Illinois, represented in the General Assembly, That all promises, Gaming con- notes, bills, bonds, covenants, contracts, agreements, judg tracts void. ments, mortgages, or other securities or conveyances made, Elastigiren, granted, drawn, or entered into, or executed by 4 John. Rep. 42 any part of the consideration thereof, shall be for any any person or persons whatsoever, where the whole, or money, property, or other valuable thing, won by any gaming, or playing at cards, dice, or any other game or games, or by betting on the side or hands of any person gaming, or for the reimbursing or paying any money or property, knowingly 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, Money, &c lost by playing at cards, dice, or any other game or games, or may be recovered 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 or sums of money, or other valuable thing, amounting in the whole to the sum of ten dollars, and shall pay or deliver the same, or any part thereof, the person or persons so losing 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 delivered, or any part thereof, or the full value of the same, by action of debt, By ordinary acdetinue, assumpsit, or trover, from the respective winner tions. 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 assumpsit, 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, according to the form of this act, without setting forth the special matter. In case the person or persons who shall lose such money or other thing, as aforesaid, shall not, within six months, really and bona fide, 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 aforesaid, it shall be lawful for any other person to sue for, and recover treble the value of the money, goods, chattles, Any person and other things, with costs of suit, by special action on may sue and rethe case, against such winner or winners aforesaid; one half to the use of the county, and the other to the person suing. The loser to sue within six cover treble. .SEC. 3. All judgments, mortgages, assurances, bonds, Gaming connotes, bills, specialities, promises, covenants, agreements, tractset aside 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; ar if a judgment, the same may be set aside, on motion of any person aforesaid, on due notice thereof given. to effect defence SEC. 4. No assignment of any bill, note, bond, cove- Assignment not nant, agreement, judgment, mortgage, or other security or conveyance as aforesaid, shall, in any manner, affect the defence of the person giving, granting, drawing, entering into or executing the same, or the remedies of any person interested therein. SEC. 5. In all actions or other proceedings commenced Parties entitled or prosecuted under the provisions of this act, the party to a discovery. shall be entitled to discovery as in other actions, and all Acts repealed. persons shall be obliged and compelled to answer, upon APPROVED, Jan. 16, 1827. In force June 1, HABEAS CORPUS. AN ACT regulating the proceeding on writs of Habeas Corpus. SEC. 1. 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 any criminal for habeas cor- or supposed criminal matter, it shall and may be lawful for pus, how and to him to apply to the supreme or circuit courts in term time, whom made. or any judge thereof, in vacation, for a writ of habeas cor pus, which application shall be in writing, and signed by se 1835 p.32 the prisoner, or some person on his or her behalf, setting forth the facts concerning his imprisonment, and in whose custody he is detained; and shall be accompanied by a D.S.C.169.17% copy of the warrant or warrants of commitment, Gran af4 John. Rep. 345kon in whose custody the prisoner is detained, and by him Proceedings thereon. fidavit that the said copy had been demanded of the per refused or neglected to be given; the said court or judge, to whom the said application shall be made, shall forthJob Rep. 500with award the said writ of habeas corpus, unless it shall appear from the petition itself, or from the documents annexed, that the party can neither be discharged nor admitted to bail, nor in any other manner relieved. Which 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 4 |