In force Feb. 7, An act to amend an act, entitled "An act concerning Sheriffs and Coroners," approved, Feb. 12, 1827. 1831. Be it enacted by the people of the state of Illinois, repAct requiring resented in the General Assembly, That so much of the act, to which this is an amendment, as provides that application shall be made to, and leave obtained from, the circuit court, before an action can be brought and main leave to sue sheriff's bond repealed. p. 576 tained on any sheriff's or coroner's official bond, for ner glect or failure to pay over moneys collected by them, or either of them, by virtue of any execution, process, or feebill, to any person entitled to receive the same, or who shall wilfully neglect their official duty, be, and the same is hereby repealed. This act to take effect from and after its passage. APPROVED, Feb. 7, 1831. In force Jan. 7 1831. Coroner to serve until his successor be qualified. AN ACT concerning Sheriffs and Coroners. Be it enacted by the people of the state of Illinois, represented in the General Assembly, That whenever the office of any coroner shall have expired by the constitutional term of two years, it shall be lawful for the same person, whether re-elected or not, to continue to perform all the duties of coroner until his successor shall be commissioned and qualified. APPROVED, Jan. 7, 1831.. AN ACT prescribing the duties of Coroners. SEC. 1. Be it enacted by the people of the state of Illinois, represented in the General Assembly, That it shall be the Coroners to ex- duty of the several coroners in this state to execute all process within their respective counties, in all cases where their counties just exception can be taken to the sheriff or his deputy or in certain cases. deputies, or where there is no sheriff; and in all cases, ecute all process within upon affidavit made and filed with the clerk of any court of record in this state, of the partiality, prejudice, consanguinity, or interest of the sheriff, or of the deputy of the sheriff, of any county where suit is about to be brought, or shall have been commenced, it shall be the duty of the clerk to issue and direct original or other process in the of sheriff to be suit, to the coroner, who shall execute the same and attend to the suit throughout, in the same manner as the sheriff would or ought to have done. And that hereafter, Interest, &c. the partiality, prejudice, consanguinity, or interest of any no cause heresheriff, or of any deputy sheriff, shall not be cause for a after for changchange of venue, but the coroner shall perform the du- ing the venue, ties as above prescribed; or if there shall be no coroner, coroner or an an elisor, to be appointed by the clerk, shall supply the elisor to perplace of the sheriff, in like manner as the coroner is here- form the duty by required to do. but in such case of sheriff. upon the body jury, SEC. 2. Be it further enacted, That every coroner, as Coroner, how to soon as, and whenever he shall, be informed or know of proceed in holdthe body of any person being found dead (supposed to ing an inquest have come to his or her death by violence, casualty, or any of a person undue means) shall forthwith proceed to summon a jury of found dead, &c twelve good and lawful men, of the neighborhood where-to summon a in said dead body shall be found lying or being, to repair at such time as he shall direct to the place as aforesaid, to the place and to inquire (upon a view of said body) how, and in where the body what manner, and by whom or what he or she came by is,and by such his or her death; and in case any juror or jurors, so sum-into all the cirjury to inquire moned, shall fail, neglect, or refuse to attend, the said cor cumstances atoner shall summon another or others, from among the by- tending the standers, to serve in his or their place. And every per- Juror failing to son so summoned as a juror, and failing, neglecting, or re- attend, another fusing to appear at the time and place required, without or others to be having a reasonable excuse for such failure, &c. shall for- summoned, feit the sum of two dollars to the county, to be recovered ing juror, not before any justice of the peace of said county, on the cer- having a reatificate of the coroner, that he failed, &c. without a reasonable excuse to him made therefor. death. and the default sonable excuse, to forfeit two dollars to the when assem SEC. 3. Be it further enacted, That as soon as the said county. jurors shall have assembled at the place where the said Jury of inquest dead body may be lying or being, the coroner shall de- bled, how to signate one of the number as foreman, and administer to proceed. him an oath in the following form, to-wit: "You, as fore- Oath to be adman to this inquest, do solemnly swear" (or "affirm," as the ministered by coroner to the case may require,) "that you will diligently inquire, and foreman. true presentment make, how, in what manner, and by whom or what, the body which here lies dead, came to its death; and that you will deliver to me, the coroner of this county, a true inquest thereof, according to such evidence as shall be given you, and according to the best of your knowledge and belief, so help you God." And to the other jurors one as follows, to-wit: "The same oath which A. B. your foreman, has just now taken on his part, rors generally. you and each of you do solemnly swear," (or "affirm,” as the case may require) "to keep on your respective parts, *50 And to the ju Coroner's have pow er to summon of witnesses When any per up Particular duty so help you God." And it shall be the duty of the jurors, of jury of inas sworn as aforesaid, to inquire how, in what manner, quest. and by whom, or what, the said body came to its death, and of all other facts of and concerning the same, together Their verdict to with all material circumstances in any wise related to, or be made up and connected with the said death, and make signed. and sign a verdict, and deliver the same to the coroner, Sec. 4. Be it further enacted, That the said coroner shall power to summon, or cause to be summoned, and compel the attendance of all such witnesses whose testiand to compel mony may probably be requisite to the proving of any fact or circumstance relating to the object of such his inquest, and to administer to such witness the proper oath. And if the evidence of any witness shall implicate any son is implica-person or persons, as the unlawful slayer of the person ted by the tes- over whom the said inquisition shall be held, the said corwitnesses, as oner shall reduce said evidence to writing, and cause the having been in- same to be subscribed by the witness so giving it; and shall strumental in further recognize any such witne s in such sum as he may death, coroner think proper, to be and appear at the next term of the how to proceed. circuit court for the said county, there to give evidence of the matter in question, and not depart without leave. Witness refuAnd if any witness shall refuse to enter into such recogsing to enter his recognizance to nizance, it shall be the duty of the said coroner to combe committed mit the witness so refusing to the common jail of the to jail. county, there to remain until the next term of the circuit Coroner to seal court: and the coroner shall carefully seal up and return of the jury, &c. to the clerk of the circuit court for the county, the verdict and make re- of the jury, the evidence so taken and subscribed, and turn thereof to the recognizances, &c.; and it shall be the duty of the the clerk of the clerk to carefully file and preserve the same. timony of such procuring such up the verdict circuit court. ceeded against. Persons impli- SEC. 5. Be it further enacted, That if at any inquisition cated as above, held under the authority of this act, any person or perhow to be pro- sons shall be implicated with the unlawfully slaying, or with the aiding and assisting in the unlawful slaying of the body in question, it shall be the duty of the coroner to apprehend and commit, or cause to be apprehended and committed, him, her, or them, to the common jail of the county, there to remain until discharged by due course of law. the body, the SEC. 6. Be it further enacted, That the coroner, as soon Coroner to bury as the verdict of the jury shall have been rendered, shall expense where- take immediate measures to bury the body which may of how paid. have been the object of the inquest; the expense attending the burial to be paid out of the deceased person's estale, if sufficient there be, if not, by the county. there shall be found on or about the said body, any moas to the effects, ney, papers, goods, or other valuable thing or things, Coroner's duty And if or about the the said coroner shall, giving ten days' notice of the time &c. found on and place, proceed to sell the same, if goods, and de- body of deceasposit the proceeds of such sale, together with all papers ed. and money so found, in the county treasury, (taking the treasurer's receipt therefor) there to remain, subject to the order of the legal representatives of the said deceased, if claimed any time within five years thereafter; and should such money or other thing, not be claimed within the time aforesaid, then the same to vest in the county: Provided, That nothing herein contained, shall prevent the whole or any part of said moneys being liable to the payment of the coroner's fees or funeral expenses: Provided, Proviso. however, This section shall not extend to any person except he shall have been a stranger or a non-resident. of the coroner SEC. 7. Be it further enacted, That in case of the ab- In the absence sence of the coroner, any magistrate, being certified of any any magistrate dead body, as before mentioned, shall be authorized to may perform perform the duties of the coroner, as pointed out by this act. his duties as pointed out by this act. APPROVED, Jan. 20, 1821. AN ACT to extend the time of settlement for the county rev-In force Feb. enue to certain Sheriffs therein named. 20, 1833. Be it enacted by the people of the state of Illinois, represented in the General Assembly, That the sheriffs of the counties of Sangamon, Morgan, St. Clair, Randolph, Green, Perry, Johnson, Pope, Franklin, Gallatin, Édwards, Shelby, Macon, Jefferson, Hamilton, Fayette, Macoupin, Monroe, Clinton, and Washington, be and are Sheriffs allowhereby allowed until the first Monday in June next, to set-ed until first tle with the county commissioners' courts of said counties, June next to Monday in for the tax collectable for and during the year one thou-pay over coun-. sand eight hundred and thirty-two: Provided, said sheriffs ty revenue. shall pay over to the treasurers of their respective counties on the first Monday in March next, all the money that they may at that time have collected for the taxes aforesaid. APPROVED, Feb. 20, 1833. Proviso. In force May 1, 1829. SHOWS AND JUGLERS. Shows &c. for AN ACT to prohibit shows of wax figures, tricks of Juglers,&c. pay prohibited. and taxed. SEC. 1. Be it enacted by the people of the state of Illinois, represented in the General Assembly, That no person or persons, shall be permitted to exhibit any shows, wax figures, or perform any feats, such as circus riding, or exhibitions, or any thing of the like nature, or perform any tricks, such as are played by persons generally known by the name of thimble players, rope and wire dancers, slight of hand with cards, or cups and balls, unless the same he shown and performed by such person or persons, without fee, charge, or compensation therefor, either directly or Untess licensed indirectly; and if any person or persons, shall wish to show, exhibit or perform, as above stated, and charge therefor, he or they shall previous thereto, apply to the treasurer of the county, who shall direct what sum shall be paid therefor, not less than five, nor more than one hundred dollars, for the term of time agreed on, which shall not exceed two weeks in the county; and on payment of the sum required, the treasurer shall give a receipt therefor, which shall be presented to the clerk of the commissioners' court of the county, and on payment of fifty cents fee to said clerk, he shall give a permit to such person, to show, exhibit, and perform as aforesaid, for the time agreed on by the treasurer, and the said clerk shall file said receipt and charge the treasurer with the sum received into the county treasury: and if any person or persons shall exhibit any shows, wax figures, circus riding performances, or any such thing, or perform and play any such tricks as above described, and shall charge and exact, or in any manner receive compensation therefor, and shall not have obtained a permit so to do, such person or persons shall forfeit and pay, for each and every such offence, any sum not less than ten, nor more than one hundred dollars, to be recovered by action of debt before any justice of the peace of the county, in the name of the county commissioners, or county treasurer, for the use of the county, with costs of prosecution. SEC. 2. If complaint be made on oath, in writing, by a prosecuting. county commissioner, treasurer, or any citizen of the county, that any person or persons, (naming them) are in the county, and to the best of his belief, violating the law, in the particulars above stated, it shall be the duty of the justice to issue a capias or warrant, and if affidavit be not made, a summons shall be issued. Penalty for showing. Manner of This act to be in force on the first day of May next. |