Liability of

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 party aggrieved, a sum not exceeding five hundred dollars. SEC. 13. If any officer, sheriff, jailer, keeper, or other officers refusing person, to whom any such writ shall be directed, shall to obey and re- neglect or refuse to make the returns as aforesaid, or to turn the writ. bring 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 person, 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 remain 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 hundred dollars, and shall be incapable of holding or executing his said office.

oner to avoid

the writ.

SEC. 14. Any one having a person in his custody, or Removing pris under his restraint, power, or control, for whose relief a writ of habeas corpus is issued, who, with intent to avoid the effect of such writ, shall transfer such person to the custody, or place him or her under the control of another, or shall conceal him or her, or change the place of his or her confinement, with intent to avoid the operation of such writ, or with intent to remove him or her out of the state, shall forfeit for every such offence one thousand 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 time 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 operation of such writ.

Penalty for re

SEC. 15. Any sheriff, or his deputy, any jailer, or corfusing to give oner, having custody of any prisoner, committed on any prisoner a copy civil or criminal process, of any court or magistrate, who of commitment. shall neglect to give such prisoner a copy of the process, order, or commitment, by virtue of which he is imprisoned, within six hours after demand made by said prisoner, Penalty for ar- or any one on his behalf, shall forfeit five hundred dollars. resting a person SEC. 16. Any person who, knowing that another has that has been been discharged by order of a competent judge or tribunal, on a habeas corpus, shall, contrary to the provisions of

once discharg

ed.

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.

ures under this

SEC. 17. All the pecuniary forfeitures incurred under For whose benthis act, shall inure to the use of the party for whose ben-efit the forfeitefit the writ of habeas corpus issued, and shall be sued for inure. and recovered, with costs, by the attorney general, or Attorney genecircuit attorney, in the name of the state, by information; ral and circuit and the amount, when recovered, shall, without any de- attorneys to duction, be paid to the party entitled thereto.

`prosecute.

The general

SEC. 18. In any action or suit for any offence against issue may be the provisions of this act, the defendant or defendants pleaded in acmay plead the general issue, and give the special matter tions under this in evidence.

act.

bar to civil ac

SEC. 19. The recovery of the said penalties shall be Recovery no no bar to a civil suit for damages.

tions.

ad testifican

dum, &c.

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 bringing 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 person to testify, or the principal to be surrendered in discharge of bail, and such principal or witness shall be confined in any jail in this state, out of the county in which such principal or witness is required to be surrendered or to testify, the writ may run into any county in. this state, 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 person testifying as aforesaid, shall, by the officer executing such writ, be 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 writ 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 first day of June.

APPROVED, January 22, 1827.

IN FORCES

JUNE 1, 1829.

Horses running

be taken up.

owner.

Duty of taker

up.

a warrant to

geld.

HORSES.

AN ACT for improving the breed of Horses.

SEC. 1. Be it enacted by the people of the state of Illinois, represented in the General Assembly, That it shall and may be lawful for any person to take up any stoned at large may horse that may be found running at large out of the inclosure of the owner or keeper, more than one year old, Notice to the and shall give notice thereof to the owner or keeper; and if such owner or keeper shall not take away, or secure the same, allowing him one day for every fifteen miles he may reside from such taker 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 his warrant 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 the 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 certificate relative to the agethereof, and the taker up may then take said horse to some person skilled as aforesaid, and have the same gelded, 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 thereof; 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 pay to the taker the up sum Owner to pay of two dollars, together with reasonable charges for advertising and keeping the same, if the same be advertised, and the person altering shall be paid by the person applying to have the same done.

Care to preserve life.

Owner unknown, horse to be adverti

sed.

Owner not appearing..

Horse to be

gelded.

expenses.

Horses acci

dentally breaking

away.

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 possession 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 or keeper, without unnecessary delay, and the owner or Who shall pay keeper shall thereupon pay such person so taking up and delivering the said horse, the sum of two dollars; and

the owner.

expense.

ferance.

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 large by sufor willfully suffer the same to run at large, out of his inclosure, any person may take such horse up, and forthwith have the same gelded, by some person skilled in the To be gelded. business, which shall be done carefully, and the owner or keeper shall pay to such taker up, the sum of five dollars; the taker up paying the fee or charge for gelding; and the owner or keeper shall, moreover, be liable for, and pay all damages which any person may sustain, And damages. in consequence of such horse running at large; and if

Owner to pay

costs.

any horse shall die, or be injured in consequence of such Gelded horses gelding, the same being carefully done by a person skil-dying. led in the business, as above contemplated, the owner or keeper thereof shall have no recourse whatever for damages upon such taker up, or person who shall have gelded 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 apthe same, after being altered as aforesaid, the taker up pearing, horse how taken shall take care of, feed, and nourish the same, until said 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.

care of.

SEC. 4. If any person shall suffer to run at large, or keep in any place where other creatures can have access 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, diswith 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 Liability of such running at large, of such afflicted horse, mare, gelding, 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.

owner.

to mares.

SEC. 5. Any person letting any stallion to any mare, within any town or village in this state, the same not Indecency in being incorporated, or immediately in the vicinity there- letting horses of, that may expose such conduct to public view, shall be liable to pay a fine not exceeding five dollars, at the How punished. discretion of any justice of the peace, to whom complaint shall be made, with costs of prosecution.

SEC. 6. All sums or penalties incurred under the pro

ces.

Or circuit court.

Fines recover-visions of this act, provided the same do not exceed one ed before justi- hundred dollars, shall be recovered before any justice of the peace; if above that, in the circuit court; and appeals shall be allowed, as in other cases, to said court. SEC. 7. The act passed on the twentieth day of FebActs repealed. ruary, 1819, entitled "An act for improving the breed of horses," is hereby repealed.

This act to take effect on the first day of June next.

APPROVED, Jan. 3, 1829.

In force Feb. 12, 1823.

IDIOTS, LUNATICS, &c.

AN ACT regulating the estates of Idiots, Lunatics, and persons distracted, and for other purposes.

SEC. 1. Be it enacted by 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 call a jury to ascertain if per- or personal, the judge of the circuit court of the county sons be idiots, in which such idiot, lunatic, or distracted person lives,

&c.

servators.

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 into bond with sufgiven by con- ficient security, to be approved by the said judge, to the treasurer of the county in which such idiot,lunatic, or distracted 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 shall 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 such conservator shall forthwith make a true and perfect

courts.

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 account 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.