Sidebilder
PDF
ePub

In force Feb.
22, 1833.

AN ACT to authorize the Secretary of State to procure the binding of the unbound copies of the Laws of Congress, and the several States.

SEC. 1. Be it enacted by the people of the state of Illinois, Secretary of represented in the General Assembly, That the secretary of state to procure state is hereby authorized to procure the binding of all the binding of the pamphlet or unbound copies of the laws of congress,

certain laws.

Shall certify

the price of
said binding to

the governor.

and of the several states, which are or may hereafter be

in his office: Provided, the expense thereof shall not exceed twelve and a half cents per copy.

SEC. 2. The secretary of state shall certify to the governor, the amount due for such binding, who shall authorize the auditor to draw his warrant for the same, payable out of the contingent fund.

APPROVED, February 22, 1833.

In force March
1, 1831.

Merchants, auctioneers, pedlers, &c. to obtain license.

LICENSES.

AN ACT requiring merchants, auctioneers, pedlers, and others engaged in the sale of goods, wares, and merchandise, in this state, to procure a license for that purpose, under the penalties therein prescribed.

SEC. 1. Be it enacted by the people of the state of Illinois, represented in the General Assembly, That no merchant, auctioneer, pedler, or other person, or persons, company, or corporation, shall hereafter be permitted to vend, sell, or retail, either at public auction or private sale, any goods, wares, or merchandise, without first having obtain

1841/-178,9 ed a license for that purpose, from the county commis

Clock pedlers
to get special

license.

sioners' court of the proper county in which such goods, wares, or merchandise, may be offered for sale; for which he or they, at the granting thereof, shall pay into the county treasury, for the use of such county, such sum as shall be assessed by the said court, not less than five nor more than fifty dollars; which license when thus procured, shall authorize the applicant or applicants, to whom the same may be granted, to vend, sell, and retail goods, wares, and merchandise, in such county, for the term of one year from the time of granting the same; but no such license as aforesaid, shall authorise any person or persons, to vend, or peddle clocks in this state; but, in order to authorize any person to vend or peddle

clocks, he shall procure a special license for that purpose, in the manner herein prescribed; and the county -commissioners' court may grant licenses to venders and pedlers of clocks, for any term not less than three months, nor more than one year, which shall authorize such person or persons to vend and peddle clocks within the county, for the time specified in the license; but if the person applying for such license, shall not have resided within some county of this state, at least one year immediately preceding the time of applying for such license, he shall pay for the same a sum not less than twenty-five, nor more than fifty dollars, for every quarter of a year for which the license is to last; and if the person applying as aforesaid, shall have resided in some county of this state one year immediately preceding the time of applying for such lieense, he shall pay for the same a sum not less than twelve dollars and fifty cents, nor more than twenty-five dollars for every quarter of a year for Domestic pro› which such license is to last, to be assessed by the coun- duce and ma nty commissioners' court, or their clerk, as in other cases, and the money to be paid into the county treasury; but any resident of this state may sell, without license, any articles not prohibited by law, except clocks, if such articles shall have been produced or manufactured within this state by the person selling the same: Provided, that this section shall not be construed to repeal or alter the provisions of the 127th section of the act relative to criminal jurisprudence, approved, January 6, 1827.

ufacturers ex

Proviso.

SEC. 2. In all cases where the said court shall not be in session, when application is about to be 'made for a liClerk may cense as aforesaid, it shall be lawful for the clerk of such grant permit court to grant a written permission to such applicant or in vacation. applicants, to vend, sell, and retail goods, wares, and merchandise, as aforesaid, until the end of the next term of the said court, to be holden after the granting of such permit, and for one year from the date thereof, if the said court at their said next term shall, upon examination and consideration, approve the same: Provided, such applicant or applicants shall first pay into the county treasury, for the use aforesaid, such sum as the said clerk in his discretion shall direct, in conformity with the rule prescribed in the first section, and as shall be usual in similar cases.

SEC. 3. Where a permission is granted by the clerk

in vacation, as aforesaid, it shall be the duty of the court, Court to extend at their next term thereafter, to examine such permit, clerk's permit. and to proceed forthwith to assess the amount of the tax

to be paid in such case, as in the case of an original ap

Penalty for

act.

plication, and if the tax thus assessed shall correspond
with the amount fixed by the clerk as aforesaid, they shall
cause a license to be issued to the applicant or appli-
cants for the term of one year, commencing from the date
of the permit.
If a greater sum shall be assessed than
that fixed by the clerk, the applicant or applicants shall
be forthwith required to pay over the residue to the coun-
ty treasurer, under the penalty of forfeiting the amount
already paid, and of having his or their permit revoked;
but if a less sum shall be assessed, it shall be the duty of
the court to order a warrant to be drawn on the treasurer
in favor of such applicant or applicants for the overplus,
payable out of any money in the county treasury, not
otherwise appropriated.

SEC. 4. If any person or perons, company or corporation, shall directly or indirectly keep a store, or shall sell or retail, any goods, wares, or merchandise, (except as herein before excepted,) without being duly authorized, by a license or permit as aforesaid, such person or persons, company or corporation, so offending, shall forfeit breach of this and pay any sum not exceeding one hundred dollars, nor less than ten dollars, to be recovered by action of debt, in the name of the people of the state of Illinois, for the use of the proper county, before any justice of the peace or court of record, having jurisdiction of the same. In all which cases it shall be the duty of the county commissioners, sheriffs, coroners, justices of the peace, constables, and clerks of the several courts in this state, and lawful for any other person or persons, in case of their neglect, to cause such offenders to be sued, and the suit or suits prosecuted to effect: and bail may be required in such cases without affidavit, if the court or justice, in their discretion, shall deem the same necessary to secure the county in the ultimate payment of any such penalty.

SEC. 5. So much of the 15th section of the act entitled, "An act to provide for raising a revenue," approved, February 13, 1827, as authorizes the county commissioners' court to levy a tax on stock in trade; the act, Certain acts re- entitled "An act to authorize non-resident pedlers to sell pealed. goods in this state," approved March 30, 1819, and the act, entitled "An act to amend an act, entitled an act to authorize non-resident pedlers to sell goods in this state," approved March 30, 1819, approved February 14, 1823, are hereby repealed. This act to take effect from and after the first day of March next.

APPROVED, Feb. 16, 1831.

[ocr errors]

AN ACT to amend an act, entitled "An act requiring mer- In force May
chants, auctioneers, pedlers, and others engaged in the sale 2nd, 1833.
of goods, wares, and merchandise, in this state, to procure

a license for that purpose, under the penalties therein pre-
scribed.

mendment to

Be it enacted by the people of the state of Illinois, represented Provtsions of in the General Assembly, That the act entitled an act re- the act to which quiring merchants, auctioneers, pedlers, and others enga- this is an aged in the sale of goods, wares, and merchandise, in this whom extended state, and compelling them to procure a license for that purpose under the penalties therein prescribed, approved, February 16, 1831, shall not be construed, as to prevent any person or persons from vending, selling, or bartering any articles without procuring a license as is required by the act to which this is an amendment: Provided, The person or persons be not a merchant, auctioneer, grocer, or grocery keeper, or pedler, notwithstanding the article or articles so vended, sold, or bartered, may have been produced or manufactured in any other state, or out of this state. This act to take effect from and after the first day of May next.

APPROVED, March 2, 1833.

LIMITATIONS.

AN ACT for the Limitation of Actions and for avoiding In force June vexatious Law Suits.

1, 1827.

actions of

2 John. 200

4.

468

SEC. 1. Be it enacted by the people of the state of Illinois, represented in the General Assembly, That all actions of trespass, quare clausum fregit, all actions of trespass, Limitation of detinue, trover, and replevin, for taking away goods and chattels, all actions for arrearages of rent, due on a parol demise, and all actions of account, and upon the case, except actions for slander, and except also actions for malicious prosecution, and such actions as concern the trade of merchandise, between merchant and merchant,20 their factors, or agents, shall be commenced within five years next after the cause of such actions shall have accrued, and not after.

t

[ocr errors]

583

SEC. 2. That all actions of trespass for assault, battery, Trespass and wounding, and imprisonment, or any of them, shall be assault and bat

tery, and

Action on the

case

Of covenants

or debt for rent
&c.

D.S. 6.87.59 state not barred

BR 171.217 app.30

**

Judgments re

facias.

commenced within two years next after the cause of such actions shall have accrued, and not after.

SEC. 3. That every action upon the case for words, shall be commenced within one year next after the words spoken, and not after; and every action for malicious prosecution, shall be commenced within two years next after the cause of action shall have accrued, and not after.

SEC. 4. That every action of debt or covenant for rent, or arrearages of rent, founded upon any lease under seal, and every action of debt or covenant, founded upon any single or penal bill, promissory note, or writing obligatory, for the direct payment of money, or the delivery of property, or the performance of covenants, or upon any award under the hands and seals of arbitrators, for the payment of money only, shall be commenced within sixteen years, after the cause of such action shall have ac

crued, and not after; but if any payment shall have been made on any such lease, single, or penal bill, promissory note, writing obligatory, or award, within or after the said period of sixteen years, then an action instituted on such lease, single, or penal bill, promissory note, writing obligatory, or award, within sixteen years after, such payment shall be good and effectual in law, and not after.

SEC. 5. That judgment in any court of record in this vived by scire state, may be revived by scire facias, or an action of debt may be brought thereon, within twenty years next after the date of such judgment, and not after.

Right of entry barred after 20 years.

Actions to be

20 years.

Proviso.

SEC, 6. That no person who now hath, or hereafter may have any right of entry, into any lands, tenements, or hereditaments, shall make an entry therein, but within twenty years next after such right shall have accrued, and such person shall be barred from any entry afterwards.

SEC. 7. That every real possessory, ancestral, or mixed brought within action, or writ of right, brought for the recovery of any lands, tenements, or hereditaments, shall be brought within twenty years next after the right or title thereto, or cause of such action accrued, and not after: Provided, that in all the foregoing cases in this act mentioned, where Amanded the person or persons who shall have right of entry, title, Lee 1837/or cause of action is, are, or shall be, at the time of such right of entry, title, or cause of action, under the age of twenty-one years, insane/beyond the limits of this state)or feme covert, such person or persons may make such entry, or institute such action, so that the same be done, within such time as is within the different sections of this act,

1835.

D. S. 6.171

« ForrigeFortsett »