Appeals and allowed. SEC. 4. Appeals may be taken from the decision of the circuit court, upon such terms as the said circuit court shall prescribe; or writs of error may be prosecuted whenever the supreme court, or any of the judges thereof, in vacation, upon being presented with a copy of the record, shall certify that there is reasonable cause for the bringing such writ: 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 to the said court or judge may seem reasonable and just. The allowance of a writ of error shall operate, after notice thereof, as a stay of proceedings in the circuit court, until the determination. But writs of error without seper, sedeas shall issue as writs of right, as in other cases.. APPROVED, December 28, 1826. In force June In what cases lie. Breese R. 130 Oath of pl'ff. REPLEVIN.. AN ACT to regulate the Action of Replevin. Supplement SEC. 1. Be it enacted by the people of the state of Illi1838 p. 77 nois, represented in the General Assembly, That the action of replevin shall be maintainable in all cases where any goods or chattels shall be taken from any person lawfully possessed of the same, without his or her consent, and the person or persons bringing such action, shall, before any writ shall issue, make oath or affirmation before the clerk of the circuit court, or any justice of the peace of the county, that the property (describing it) about to be replevied, rightfully and bona fide belongs to him or them, and is unlawfully detained, and that the same was not taken in execution for the payment of debt, nor for the payment of taxes; and moreover, before the execution of the writ, shall give bond to the sheriff, with good and sufficient security, in double the value of the property about to be replevied, conditioned that he or they will prosecute such suit to effect, and without delay, and make return of the property, if return thereof shall be awarded, and save and keep harmless the said sheriff in replevying such property: and the sheriff shall thereupon serve such writ, and deliver the property therein mentioned, to the party suing out such writ. Commencement SEC. 2. The proceedings in an action of replevin shall of the action by be commenced by plaint, with a summons to the defen dant, in which shall be stated a description of the prop And bond plaint and sum mons. erty to be replevied, and the sheriff shall return the bond by him taken, and return the same, with the writ, to the clerk, who shall file the same. SEC. 3. If any plantiff in the action of replevin shall Returno hafail to prosecute his suit with effect, and without delay, bendo.. or shall suffer a non-suit or discontinuance, or if the right of property shall be adjudged against him, the court shall give judgment for a return of the property taken, pl'ff. and damages for the use of the property from the time it and damages. was taken until return thereof shall be made; and if judgment be given for the plaintiff, he shall recover damages for the detention of such property while in the possession of the defendant; and the damages in either Damages for case shall be assessed by the jury in case of a trial; but if the plaintiff shali not prosecute his suit, or if judgment shall in any manner be given for the defendant, without how assessed a trial, the damages in such case may be assessed by the court, on hearing such testimony as may be offered on the subject. in either case. SEC. 4. If at any time the condition of the bond re- Condition of a quired by the first section of this act shall be broken, the bond being brosheriff, or plaintiff, in the name of the sheriff, to his own ken, action use, as the case may be, may sue and maintain an action may be mainon such bond, for the recovery of such damages, as may have been sustained in consequence of the breach of such condition.. tained therefor.. SEC. 5. If any sheriff shall fail to take and return a Sh'ff failing to bond, as required by the first section of this act, or shall take bond, shall return an insufficient bond, such sheriff shall pay to the pay damages. party injured all damages which he may sustain, or be put to, in consequence of such neglect; to be recovered by an action on the case, in the circuit court. SEC. 6. The oath required in the first section, may be Oath may be made by an agent of the plaintiff or claimant, in which made by agent. case it shall be sufficient to state, on oath, that he has good reason to believe, and does verily believe, the right of property is in the plaintiff, and unlawfully withheld. and cognu SEC. 7. It shall be sufficient for the defendant, in all Gen'l avowry. cases of replevin for distress taken for rent, to avow or zance in case make cognuzance generally, without particularly setting of distress for forth the tenure or title to the lands whereon such dis- rent tress was taken. This act to take effect on the first day of June next. 註 In force July Recorder's of Repealed • RECORDER. AN ACT relating to the office of Recorder. SEC. 1. Be it enacted by the people of the state of Illinois, fice established. represented in the General Assembly, That there shall be an sue with stota office of recorder in each and every county, which shall Recorder: be called and styled "the recorder's office," and shall be kept in some convenient place at the county seat, in the respective counties; and the recorder shall duly attend to the duties of the same fand at his own proper costs and charges shall provide parchment, or good, large, well bound books, of royal or other large paper, wherein he shall record, in a fair and legible hand, all deeds and conveyances, which shall be brought to him for that purpose, according to law.) 1835. Recorder to provide books and record The words and sell." SEC. 2. All deeds to be recorded in pursuance of this "grant, bargain act, whereby any estate of inheritance, in fee simple, shall hereafter be limited to the grantee and his heirs, the words grant, bargain, sell, shall be adjudged an express covenant to the grantee, his heirs and assigns, towit:-That the grantor was seized of an indefeasible estate, in fee simple, freed from incumbrances, done or suffered from the grantor, except the rents and services that may be reserved, as also for quiet enjoyment against the grantor, his heirs and assigns, unless limited by express words contained in such deed: And that the grantee, his heirs, executors, administrators, and assigns, may in any action assign breaches, as if such covenants were expressly inserted: Provided, always, that this law shall not extend to leases at rack rent, or leases not exceeding one-and-twenty years, where the actual possession goes with the lease. Proviso. Mortgages. Satisfaction Refusal to enter SEC: 3. Every mortgagee of any real or personal estate, in this state, having received full satisfaction and payment of all such sum or sums of money as are really due to him or her from the mortgagor, shall, at the request of the mortgagor, enter satisfaction upon the margin of the record of such mortgage, in the recorder's of fice, which shall forever thereafter discharge and release the same, and shall bar all actions or suits brought, or to be brought, thereupon. SEC. 4. If such mortgagee, by himself or herself, his or her attorney, shall not, within three months after request, and tender made of his or her reasonable charges, repair to said office, and there make acknowledgment as aforesaid, he or she neglecting or failing so to do, shall, for every such offence, forfeit and pay to the party or parties aggrieved, any sum not exceeding the mortgage money, to be recovered in any court of record, by action of debt. (SEC. 5. The governor, by and with the advice and 350.165 consent of the senate, shall appoint a recorder in every to be appointed Recorders, how county, now or hereafter to be created, where there is no recorder already appointed in such county.) But before any of the recorders enter upon the duties of his of fice, he shall become bound to the governor and his suc- To give bond. cessors in office, with one or more sufficient sureties, in a bond of five hundred dollars, conditioned for the true and faithful execution of the duties of his office, and to deliver up the records and other writings belonging to his office, safe and undefaced, to his successor in said office: which said respective bonds shall be filed in the secretary's office, and there safely kept, in order to be made use of, for making satisfaction to the parties that shall be damnified or aggrieved, as is or shall be in such cases directed by law. SEC. 6. And no recorder whatsoever, now or hereaf ter to be appointed, as aforesaid, shall enter upon or offi- Penalty for neglecting to ciate in his said office, before he hath given such securi- give bond. ty, as aforesaid, upon pain of forfeiting the sum of one hundred dollars, one half to the state, and the other half to him or them that shall sue for the same, to be recovered as aforesaid: but no record made by him shall be vacated or so avoided as to operate against the parties to the instrument recorded, by reason of such recorder not giving such bond. SEC. 7. Every recorder shall keep a fair book, in which Entry book. he shall immediately make entry of every deed or writing brought into his office to be recorded, mentioning therein the date, the parties and the place where the lands, tenements, or hereditaments granted or conveyed by the said deed or writing are situate, dating the entry on the day on which such deed or writing was brought into his office, and shall record all such deeds and wri- Deeds to be retings in regular succession, according to the priority of corded in suctime of their being brought into said office; and shall al- cession. so make and keep a complete alphabetical index to each Index. record book, shewing the page on which each instrument is recorded, with the names of the parties thereto: he And receipt. which entry and receipt he shall be entitled to no fee or compensation whatever. SEC. 8. The act entitled "An act establishing the reActs repealed. Corder's office, and for other purposes," approved, February 19, 1819, is hereby repealed; but nothing herein contained, shall be so construed as to affect or remove from office any recorder appointed under that act, but he shall continue in office, as though this act had not been passed, nor shall any of his legal acts, as such, be hereby impaired. This act to take effect on the first day of July next. REVENUE. In force Feb. AN ACT for the relief of certain persons whose lands have been sold for taxes. 13, 1827. of sale of cer SEC. 1. Be it enacted by the people of the state of Illinois, represented in the General Assembly, That in all cases Auditor to pre- where the taxes on any tract of land have been paid to serve evidence the sheriff of any county, and the same land has been tain lands, &c. subsequently sold by the auditor of public accounts for said taxes, by reason of the said lands not being correctly described in the tax book of the county, or by reason of any official mistake; in every such case, the auditor shall, upon its being made manifest to him that the said taxes have been paid into such county, and the land was 3 1838p. 1838.40 p.3 State lands, nevertheless sold afterwards by the said auditor to an individual for the same taxes, to make an entry thereof in his books, giving a brief history of the case, and issue his warrant on the treasury in favor of the purchaser of any such land, when required, for the amount it was sold for: Provided, That application be made therefor, before the expiration of the time allowed by law for the redemption of the same. SEC. 2. In all cases where land may have been stricken off to the state for the non-payment of taxes, the same may be redeemed at any time, by the payment of single tax for each year in arrears, together with all costs, and interest at the rate of six per cent. per annum, from the time such tax became due, until paid. APPROVED, Feb. 13, 1827. |