limited, after his or her becoming of full age, sane, feme sole, or coming within this state. certain cases. SEC. 8. That if any person or persons against whom Absence not to there is or shall be any cause of action, as if specified in be accounted in the preceding sections of this act, except real or possessory actions, shall be out of this state, at the time of the cause of such action accruing, or any time during which a suit might be sustained, on such cause of action, then the person or persons who shall be entitled to such action, shall be at liberty to bring the same against such person or persons, after his, her, or their return to this state, and the time of such person's absence shall not be accounted or taken as a part of the time limited by this act. upon writ of er SEC. 9. That if in any of the said actions, specified in Effect of reverany of the preceding sections of this act, judgment be sal of judgment given for the plaintiff, and the same be reversed by writ ror or appeal, of error, or upon appeal, or if a verdict pass for the plain- &c. tiff, and upon matter alleged in arrest of judgment, the judgment be given against the plaintiff; or if the plaintiff be non-suited, then, if the time limited for bringing such action shall have expired during the pendency of such suit, the said plaintiff, his or her heirs, executors, or administrators, as the case shall require, may commence a new action within one year after such judgment reversed or given against the plaintiff, and not after. SEC. 10. The eighth section of the act, entitled "An Acts repealed. act regulating the practice in the supreme and circuit courts of this state, and for other purposes," approved March 22, 1819; and the act entitled "An act of limitations, relating to lands and tenements," approved February 18, 1823, be, and are hereby repealed: Provided, That the rights and defences which have accrued or arisen under the acts hereby repealed, shall not be affected or impaired by the passage of this act: Provided, further, that where the acts hereby repealed have commenced running, the time the same shall have run against any cause of action hereby limited, shall be computed part of the time limited, by this act. This act to take effect and be in force, on the first day of June next. sex 1835 p. 42. 39 APPROVED, Feb. 10, 1827. In force June Circuit courts MANDAMUS. AN ACT to regulate proceedings on writs of Mandamus. SEC. 1. Be it enacted by the people of the state of Illinois, may issue writs represented in the General Assembly, That the respective of mandamus. circuit courts in this state shall have power to issue writs of mandamus. Appeals may be taken from the decision of the said courts, upon such terms as the said circuit courts shall prescribe; or writs of error may be prosecuted whenever the supreme court, or any of the judges 6 John Rep 279 thereof, in vacation, upon being presented with a copy Appeals may be taken. Return to the be traversed. of the record, shall certify that there is reasonable cause for the bringing of such writ; and the said supreme court, or judge, in vacation, may impose such terms and conditions upon the party wishing to prosecute such writ of error, as the said court or judge may deem reasonable. The allowance of a writ of error shall operate, after notice thereof, as a stay of proceedings in the circuit court until the determination of such writ of error. SEC. 2. Where any writ of mandamus shall be issued out of any court of this state, directed and delivered to any person or persons, who, by the laws of this state, are required to make return of such writ, such person or persons shall make his or their return to the first writ of mandamus. SEC. 3. When any writ of mandamus shall issue out The return may of any court of this state, and return shall be made thereunto, it shall be lawful for the person or persons suing or prosecuting such writ, to plead to, or traverse all or any of the material facts contained in such return; to which the person or persons making such returns shall reply, take issue, or demur, and such further proceedings shall be had therein, and in such manner, for the determination thereof, as might have been had if the person or persons suing out such writ had brought his or their action on the case for a false return. If any issue shall be And issue shall joined upon such proceedings, the person or persons be joined. suing such writ, shall and may try the same in such place, as an issue joined on such action on the case should or might have been tried.. In case a verdict shall be found for the person or persons suing such writ, or judgment given for him or them upon a demurrer, or by nihil dicit, or for want of a replication, or other pleading, he or they shall recover his or their damages and costs, in such manner as he or they might have done in an action on the Verdict or judgment. Damages and costs. case as aforesaid: such damages and costs shall and may be levied by execution, as in other cases, and a peremp- Peremptory to action on the case. SEC. 4. If any damages shall be recovered by virtue Recovery of of this act, against any person or persons making such damages a bar returns to such writ as aforesaid, he or they shall not be liable to be sued in any other action or suit for the making of such return, any law, usage, or custom to the contrary notwithstanding. SEC. 5. It shall and may be lawful to and for the court Court may alissuing any writ of mandamus, to allow to such person or low time to persons respectively, to whom such writ shall be directed, plead, &c. or to the person or persons who shall sue or prosecute the same, such convenient time, respectively, to make return, plead, reply, rejoin, or demur, as to the court shall seem just and reasonable, any thing herein contained to the contrary notwithstanding. This act to take effect on the first day of June next. APPROVED, Jan. 6, 1827. MARRIAGES. AN ACT concerning Marriages. In force June SEC. 1. Be it enacted by the people of the state of Illinois, et Amended represented in the General Assembly, That all male per- Who may con1838/0.277 sons over the age of seventeen years, and females over tract marriage. the age of fourteen years, may contract and be joined in marriage: Provided, in all cases where either party is a Consent of pa- minor, the consent of parents or guardians be first had, rents. as is hereinafter required. SEC. 2. All persons belonging to any religious society, Modes of celechurch, or denomination, may celebrate their marriage brating maraccording to the rules and principles of such religious riage allowed. society, church, or denomination; and a certificate of such marriage, signed by the regular minister, or if there be no minister, then by the clerk of such religious society, church, or denomination, registered as hereinafter directed, shall be evidence of such marriage. Who authori zed "to perform marriage ceremony. Certificate to be made. Registry. contain. Evidence of marriage. Publication. License. ted minors SEC. 3. Any persons wishing to marry, or be joined in marriage, may go before any regular minister of the gospel, authorized to marry by the church or society to which he belongs, any justice of the supreme court, judge of any inferior court, or justice of the peace, and celebrate or declare their marriage, in such manner and form as shall be most agreeable. And such minister of the gospel, justice of the supreme court, judge, or justice of the peace, shall make a certificate of such marriage, and return the same, with the license, to the clerk of the county commissioners' court, who issued such license, within thirty days after solemnizing such marriage; and the clerk, after receiving such certificate, shall make a registry thereof, in a book to be kept by him for that purpose only; which registry shall contain the christian and sur-names of both the parties, the time of their marriage, and the name of the person certifying the same: and said clerk shall, at the same time, endorse on such certificate, that the same is registered, and the time when; which certificate shall be carefully filed and preserved, and the same, or a certified copy of the registry thereof, shall be evidence of the marriage of the parties. SEC. 4. No person shall be joined in marriage as aforesaid, unless their intention to marry shall have been published at least two weeks previous to such marriage, in the church or congregation to which the parties, or one of them, belong; or unless such persons have obtained a license, as herein provided. SEC. 5. In all cases when publication of such intention to marry has not been made, as before described, the parties wishing to marry shall obtain a license from the clerk of the county commissioners' court of the county where such marriage is to take place; which license shall authorize any regular minister of the gospel, authorized to marry by the church or society to which he belongs, any justice of the supreme court, judge, or justice of the peace, to celebrate and certify such marriage; but no Not to be gran- such license shall be granted for the marriage of any without consent male under twenty-one years of age, or female under the age of eighteen years, without the consent of his or her father, or if he be dead or incapable, of his or her mother or guardian, to be noted in such license. And if any clerk shall issue a license for the marriage of any such minor, without consent as aforesaid, he shall forfeit and pay the sum of three hundred dollars, to the use of such father, mother, or guardian, to be sued for and recovered in any court having cognizance thereof: and for the purof ascertaining the age of the parties, such clerk is. of parents. Penalty for issuing without such consent. pose hereby authorized to examine either party, or other witness, on oath. cate. SEC. 6. If any clerk shall, for more than one month, Penalty for refuse or neglect to register any marriage certificate neglect to rewhich has been, or may hereafter be delivered to him gister certififor that purpose, (his fee therefor being paid,) he shall be liable to be removed from office, and shall moreover pay the sum of hundred dollars to the use of the party injured, to be recovered by action of debt in any court having cognizance of the same. tificate. SEC. 7. If any minister, justice of the supreme court, Penalty for not judge, or justice of the peace, having solemnized a mar-returning cerriage, or clerk of any religious society, as the case may be, shall not make return of a certificate of the same, as required, within the time limited, to the clerk of the commissioners' court of the county in which such marriage was solemnized, he shall forfeit and pay one hundred dollars for each case so neglected, to go to the use of the county, to be recovered by indictment. And if any minister of the gospel, justice of the supreme court, judge, or any other officer or person, except as herein before excepted, shall solemnize and join in marriage any couple Joining in marwithout a license as aforesaid, he shall, for every such riage without offence, forfeit and pay one hundred dollars to the use of license. the county, to be recovered by indictment. The act, entitled "An act regulating marriages," apAct repealed. proved February 20, 1819, is hereby repealed; but rights acquired, and forfeitures incurred under that act, are not hereby affected. This act to take effect on the first day of June next. APPROVED, February 14, 1827. MECHANICS. AN ACT for the benefit of Mechanics. Reply force Feb. SEC. 1. Be it enacted by the people of the state of Illinois, 22, 1833. represented in the General Assembly, That in all cases, here: 1839-40 p. 147 materials for after, where any contract shall be made between the |