Copy of peti tion to be sent 1841 p. 19! Officer shall which the same tor thereof of which the defendant hath had due notice. SEC. 3. A copy of the petition shall be sent out with summons annexed thereto, requiring the defendant or defendants to appear and answer the said demand, on the second day of the succeeding term, which shall be executed by the sheriff, by delivering a copy of the petition and summons to the defendant, and each of them, if there be more than one. The petition and summons shall not go to the rules, but the proceedings shall be had in court, and shall be docketed to the second day. SEC. 4. The sheriff or other in his return, shall note note the day on the day or days on which it shall have been executed, and whenever it shall appear therefrom, that it was executed ten days or more before the return day, judgment shall be rendered at the first term, subject to be continued for good cause shewn; but if the process shall not have been executed ten days before the sitting of the court to which the same is made returnable, a continuance shall be entered, unless a trial shall be had by consent of the parties. Said petition Act of jea- Bail. SEC. 5. The said petition shall stand in the place of a declaration: the defendant or defendants may appear and plead, and then an issue may be joined as in actions of debt on such bond or note; but if the defendant or defendants shall not appear and plead, the plaintiff may take judgment, or at his option may take an interlocutory judgment by default, as in other cases, and writ of inquiry, which, if practicable, may be forthwith executed, and judgment rendered thereon: Provided, That if the defendant or defendants, at any time before the writ of inquiry shall be executed, shall appear and plead to issues, the writ of enquiry shall be set aside. SEC. 6. After verdict, the act of jeofails shall apply as in actions of debt heretofore; nothing in this act shall prohibit any person, who shall choose so to do, from suing in the ordinary way, as if this act had never passed; and the fee to the sheriff or other officer, for delivering a copy of the petition and summons, shall be the same as fees for similar duties; the clerk shall receive the like fees for similar services. SEC. 7. When a petition shall have been filed according to the provisions of this act, and an affidavit to hold to bail, as herein provided, then shall be issued by the clerk (if he shall be satisfied there is good cause) a capias and an order to hold to bail, as is now provided by law. In such cases the affidavit shall be as near as may be in the following form to wit: A. B. plaintiff in the above petition, maketh oath and saith, that he has a real subsisting and unsatisfied cause of action against C. D., the defendant, which is the same cause of action set out in the above petition, and amounts to the sum of ; and further, that the plaintiff will be in danger of losing his debt, unless the defendant be held to bail. Signed, A. B. Sworn to and subscribed before me at my office this day of E. T., Clerk. Which affidavit may be made before the clerk of the proper county, or before any justice of the peace in the state. This act to take effect and be in force from and after the first day of June next. APPROVED, February 25, 1833. Form of affidavit to hold to bail. PUBLIC ARMS. AN ACT concerning Public Arms. In force March 1, 1833. person to col SEC. 1. Be it enacted by the people of the state of Illinois, represented in the General Assembly, That it shall be the duty of the governor to employ some fit person or persons Governor to to collect together at the seat of justice in each county, employ some all the arms, accoutrements, &c. belonging to the state lect the arms at of Illinois, in whose hands soever the same may be found; the county seat and when so collected together, to cause them, together of each county. with all other arms belonging to the state, to be conveyed to, and deposited with the warden of the penitentiary at Shall be deAlton, who shall receive and take charge of the same, posited with the and cause them to be cleaned, repaired, and kept in re- Penitentiary. pair, by the convicts which may from time to time be under his charge, so far as the same can be done by them; and so far as said convicts shall be unable to do the same, it shall be the duty of said warden (under the direction of the governor or quarter master general) to employ some competent gunsmith to do the same: Provided, that the one hundred and forty half stocked rifles, now at Danville, may be retained at said place, or some other place on the upper Wabash, under the charge and direc warden of the Persons em ployed as above with evidence to be furnished in relation to said arms. the same. tion of the colonel of the regiment of the county, during the pleasure of the governor; the said colonel giving bond with security, to the satisfaction of the governor, and payable to him, conditioned as he shall prescribe in regard to the manner in which they shall be kept or used, and in respect to the time when, and the place to which they shall be returned; and if the same should be required, to be conveyed to Alton, or sent to any other point, the same shall be at the expense of the state, to be paid on the order of the governor, out of the contingent fund: Provided, also, that nothing herein contained shall be so construed as to require the arms now in the possession, or which may hereafter be placed in the possession of independent companies, to be surrendered up. SEC. 2. It shall be the duty of the governor to cause the person or persons whom he shall employ, to collect the arms, &c. to be furnished with the receipts of captains and other officers, and all other evidence in his possession, or in that of the quarter master general, shewing in whose hands any of the public arms may be; and such person or persons so employed, shall have power to distrain and take said arms wherever, and in whose hands soever the same may be found; to call upon the captains, or other officers or persons whose receipts he may have for all such arms, &c. as shall not have been returned by them, or the men under their command; and in default of the same being surrendered, or shewn on proper and sufficient affidavits, to the satisfaction of the collector of arms to have been lost by the soldier in actual service in the line of his duty in the army, or by other unavoidable accidents, to sue for, and recover in the name of the people of the state, the value of said arms, &c., as charged by the United States to the state, from such captain or other officer or person; and such captain or other officer or person shall have like remedy, but in his own name, against the men in whose hands the same were placed, to recover from them the same sum, with costs. Shall give acSEC. 3. On return to the person or persons so employed, quittances for of any arms, &c., or on the loss of the same as aforesaid, being duly made to appear, or on receipt of the value of them, as aforesaid, by judgment or otherwise, the said person so employed shall give to such captain, &c., an acquittance, in full discharge of his liability to the state for the arms or other things specified in his receipt, or for which he may otherwise be accountable. Suits under this act. SEC. 4. Suits under this act may be brought before any justice of the peace, whose duty it shall be to report the case, and the amount of his judgment in favor of the state, forthwith to the clerk of the county commissioners' court of the county, to be reported by him to the auditor; and the constable or other officer who shall collect the same, shall pay the same over to the sheriff of the county, who shall pay the same into the state treasury, at the same time he shall pay his non resident taxes. SEC. 5. The expense of carrying this act into effect, Compensation. and the compensation to be paid to the persons employed under it, shall be paid on the certificate of the governor, out of the contingent fund, and James B. Campbell shall be also entitled to receive out of any money in the treasury not otherwise appropriated, the sum of one hundred and fifty dollars in full of his services and expenses, and those of his assistants during the year 1832, in taking charge of, exchanging, taking and giving receipts for arms at Ottawa, for house rent, and receiving back and making inventories of, and giving acquittances for arms returned, &c.; said sum to be apportioned under the direction of the governor, to the said James B. Campbell, according to the time actually employed, and the expenses incurred by the said Campbell for house rent and the hire of an assistant, as well as for all services rendered by himself, as herein specified. SEC. 6. There shall be paid to the quarter master Compensation general out of any money in the treasury not otherwise of quarter master gen❜l. appropriated, the sum of one hundred and twenty-eight dollars and fifty cents, in full of his services and expenses, and those of his assistants and deputies during the spring and summer of 1832, in taking charge of, issuing out, and taking receipts for arms, &c. at Beardstown, Vandalia, and Ottawa, and in receiving back and making inventories of, and giving acquittances for arms, &c. returned; said sum to be apportioned under the direction of the governor, to the said quarter master general, and his associates, according to the time actually employed, and the expense incurred by each, previous to any of them coming under the pay of the United States: Provided, that the governor shall not allow to the said Campbell and H. Eddy any more of the above appropriation than will be a reasonable compensation for the value of said services, as rendered, which shall be ascertained by satisfactory affidavits. APPROVED, March 1, 1833. PUBLIC AND ANCIENT RECORDS, &c. In force Janu- AN ACT concerning ancient Books, Papers, and Records. ary 30, 1821. records to be delivered by the secretary of state to the SEC. 1. Be it enacted by the people of the state of Illinois, Certain ancient represented in the General Assembly, That all the ancient books, records, and papers, which are now in the office of the secretary of state, and which bear date prior to the thirteenth day of July, in the year of our Lord one thousand seven hundred and eighty-seven, shall be by the secretary of state delivered over to the recorder of Randolph county; and the said recorder shall safely keep the same as records of his office. recorder of Randolph county. Copies made be as authentic SEC. 2. Be it further enacted, That all copies and tranthereof by said scripts which may be made by the said recorder, from the recorder to said papers or records, and attested by him, shall be as as if made by authentic in any court of record in this state as if given the secretary of by the secretary of state; and the said recorder shall be entitled to the same fees for such copies, transcripts, and Fees for such attestations as he is now entitled to by law for the percopies. formance of similar services. state. APPROVED, January 30, 1821. In force June AN ACT providing a summary mode to recover Public Records, Papers, and other public property illegally withheld. 1, 1831. Judge may order seizure of public books and papers, SEC. 2. [Be it enacted by the people of the state of Illinois, represented in the General Assembly,] If any person, whose office has become vacated or determined, as aforesaid, or when detained. his executors or administrators shall neglect or refuse to deliver over, according to the provisions of this act, any record, book, paper, document, or other article of public property, as aforesaid, when thereto lawfully required by the sucessor to such officer or other person entitled to the custody thereof, it shall and may be lawful for any judge of the supreme or circuit court of the proper county, upon the affidavit of any competent person, setting forth proper facts, to issue his warrant, directed to the sheriff or coroner of the proper county, commanding him to seize all the records, books, papers, documents, and other public property belonging or appertaining to the said officer, and deliver the same to the person entitled to the custody thereof, to be named in such warrant. SEC. 3. It shall be lawful for the officer executing any |