Record not justice of the peace of the proper county, one half to the use of the person suing, and the other half to the use of the county. No act or record by any surveyor or his deputy, as aforesaid, shall be conclusive, but may be re-conclusive. viewed by any competent tribunal, in any case where the correctness thereof may be disputed. SEC. 8. The county surveyors respectively, shall be Fees.. entitled to such compensation, from each person to whom they have rendered their services as surveyors, as may be, or now is allowed by law. SEC. 9. The act entitled "An act for the appointment Acts repealed. surveyors for the several counties of this state," approved January 31, 1821, and the act, entitled "An act supplemental to an act entitled an act for the appointment of surveyors for the several counties of this state," approved February 9, 1821, are hereby repealed; but every county surveyor holding his office under those acts, shall continue in office as if this act had not been passed. This act to take effect on the first day of June next. SUITS BROUGHT BY OR AGAINST THE STATE. AN ACT directing the mode of bringing suits, by or against In force June the state. 1, 1829. state. SEC. 1. Be it enacted by the people of the state of Illinois, Auditor to sue represented in the General Assembly, That it shall and may and be sued in be lawful for the auditor of public accounts of the state of behalf of the Illinois, to sue for any demand which the people of the state may have a right to claim, and to be sued and to sue, to plead and to be impleaded, to answer and be answered, to defend and to be defended, in any court of record, or other place, where justice shall be judicially administered, in the name of the auditor of public accounts, To be sued at for the people of the state of Illinois: Provided, that the the seat of govauditor shall not be liable to be sued in any other county Duty of attor than that in which the seat of government is situated. And ney general.. the attorney general of this state shall prosecute and defend all suits brought by, or against the auditor of public accounts, as is prescribed by law. From all judgments, so rendered, appeals may be taken to the supreme court, Appeals. and it shall be the duty of the auditor to take such appeal, if in his opinion justice has not been done in the court ernment only. ally or be con Judgment not where such judgment has been rendered; nor shall any to bind person- judgment against the auditor, in his representative capacity, bind him personally, or be conclusive upon the state, until the same shall be examined by the general assembly. sembly to ex- In cases of appeals by the auditor, he shall not be required to give bond, or security, as in other cases. clusive. amine it. ment to gen. SEC. 2. When judgment shall be rendered against the Auditor to re- auditor of public accounts for the state of Illinois, it shall port the judg- be the duty to forward a copy of such judgment, and proassembly who ceedings thereon, to the next general assembly, and if apmay act there- proved by the same, an appropriation shall be made to satisfy the same, or such part thereof as said general assembly may deem just.. on. SEC. 3. The act entitled "An act directing the mode of bringing suits, by and against the state, counties, townActs repealed. ships, and other corporate bodies, and for other purposes," approved, March 23, 1819, is hereby repealed. This act to be in force, from and after the first day of June next. APPROVED, January 3, 1829. TAVERNS. In force Feb. AN ACT to prevent the selling of Spirituous Liquors in 14, 1823. this state, and for other purposes. SEC. 1. Be it enacted by the people of the state of Illinois, 1841/1.178, 9 represented in the General Assembly, That from and after the passage of this act, no tavern keeper, grocer, or re$20 fine for sel- tailer of spirituous liquors, or other person or persons, ling liquor to dians. shall sell, exchange, or otherwise deliver to any Indian or Indians, within the boundaries of this state, any spirituous liquors, under the penalty of twenty dollars for every such offence, to be recovered before any court of competent jurisdiction; the one-half thereof for the use of the county wherein the offence is committed, and the other half for the person informing. SEC. 2. Be it further enacted, That no citizens of this $20 penalty for trading with in- state, or other person or persons, shall purchase of or otherwise trade or barter with any Indian or Indians in this state, for any fire arms, knives, tomahawks, blankets, or horses, under the penalty of not less than twenty dollars, nor more than one hundred dollars, for every such offence, recoverable before any court of competent jurisdiction; the one half part thereof for the use of the coun ty in which such offence is committed, and the other half to the person informing. 5377 SEC. 3. Be it further enacted, That all accounts of tavern Tavern keepers keepers, grocers, or other retailers of spirituous liquors in cannot recover this state, for liquors by them or their agents retailed, more than fifty sold, or delivered, for a greater or higher amount than uous liquors fifty cents, shall be void; and no court shall entertain jurisdiction of any account of any tavern keeper, grocer, or other retailer, as aforesaid, in which there shall be more than fifty cents charged for liquor; and if any tavern keeper, grocer, or retailer of spirituous liquors, shall sue for or otherwise claim of or from any one person in this state, a greater or higher amount than fifty cents for spirituous liquors, the claim shall be void: Provided, That nothing in this act contained shall prevent, or in any way delay, the collection of debts, heretofore contracted for spirituous liquors, as aforesaid: And provided, also, that nothing in this section contained, shall prevent any tav- May sell by the ern keeper, grocer, retailer, or other person, as aforesaid, quart and refrom selling spirituous liquors to other persons, larger in cover pay quantity than one quart, and suing for and recovering pay for the same. therefor. SEC. 4. Be it further enacted, That the county commissioners' courts in this state, shall not grant a license for tippling shops, Persons keeping. any tippling shop, commonly called a grocery, unless the &c. to give seperson applying therefor, shall give good and sufficient curity to enter tain 4 persons security, that he or she will also keep meat and lodging, and their horses for at least four persons, over and above his or her common family, and stabling and provinder for their horses. APPROVED, February 14, 1823. AN ACT to license and regulate Taverns. In force Feb. 27, 1819. SEC. 1. Be it enacted by the people of the state of Illinois, represented in the General Assembly, and it is hereby enacted by the authority of the same, That for preventing disorders and the mischiefs that may happen by multiplicity of public houses of entertainment, no person or persons shall in Repealed future have or keep any public inn or tavern, ale-house or 18:38 p. 71 dram-shop, or public house of entertainment, in any county, town, or place within this state, unless such person or persons shall first obtain permission or license from the License to be county commissioners; which shall continue for one year obtained. and no longer, under the penalty of one dollar per day for every day on which the party offending shall keep Disorder and drunkenness. such public inn, tavern, ale-house, dram-shop, or public house of entertainment, to be recovered with cost, before any justice of the peace, in an action qui tam; two-thirds whereof shall go to the use of the poor of the county, where the offence may be committed, and the other third to the prosecutor suing for the same to effect. SEC. 2. And be it further enacted, That every person licensed as aforesaid, who shall knowingly suffer any disorder, as drunkenness, or unlawful games, whatever, in such his, her, or their houses, his, her, or their license or licenses shall be suppressed by the county commissioners' court; no such inn-keeper, tavern-keeper, or other person, as aforesaid, shall presume to continue such house of entertainment of his own accord after such suppression, or the expiration of his license, without new license as aforesaid, under the penalty of one dollar per day, as aforesaid, to be recovered in manner aforesaid; twothird parts whereof shall go to the use of the poor of the county where the offence shall be committed, and the remaining third to the party prosecuting. SEC. 3. And be it further enacted, That all tavern keepEntertainment. ers and inn-keepers, as aforesaid, shall provide and furnish good entertainment and accommodations for man and horse, under the penalty of five dollars, to be recovered in manner and for the use aforesaid. License. Price of. SEC. 4. And be it further enacted, That the county commissioners shall, at the time of granting any license under this act, demand of, and from the person obtaining the same, any sum not exceeding twelve dollars, which they may deem reesonable, taking into consideration the stand Amended) where such tavern is to be opened; which sum so receisu 1835 p.154 ved, shall, by the said commissioners, be paid to the county treasurer for the use of the county: and the said commissioners shall also demand of such applicant, one dollar for the use of the clerk. ed. SEC. 5. And be it further enacted, That no license shall Bond if requir- be given unless the persons requiring the same shall first become bound to the governor of the state, with security, if required, in any sum not exceeding three hundred dollars, that he, she, or they, on obtaining such license, shall, at all times, be of good behavior, and observe all the laws and ordinances, which are, or shall be made, or be in force relating to inn keepers, or tavern keepers within the state; and whoever shall keep a tavern, inn, or public house of entertainment, before he or she has given bond, as aforesaid, such person shall suffer the same penalty as if the same had been done without license. SEC. 6. And be it further enacted, That no person or Persons not qualified shall persons other than such as are or shall be qualified so to not be allowed do by this law, shall presume, under any color of pretense, to retail, to sell, barter with, or deliver any wine, rum, brandy, or other spirits, or strong water, beer, cider, or any mixed or strong liquors to be used, or within his, her, or their houses, yards, or sheds, or to be with his, her, or their knowledge, privity or consent, used or drank, in any shelters, places, or woods, near or adjacent to them, by companies of servants, slaves, or others; nor to retail or sell to any person or persons, any rum, brandy, or other spirits or strong water, by less quantity or measure than one quart, nor any beer, ale, or cider, by any quantity less than two gallons, the same liquors being respectively delivered to one person, and at one time, without any collusion or fraud, contrary to the true intent and meaning of this law; every person offending herein shall pay a fine of twelve dollars, on conviction by indictment, to the use of the proper county. 1837/325 SEC. 7. And be it further enacted, That if any inn hold- Harboring and er, or keeper of public house, or any retailer of liquors, trusting minors. shall receive, harbor, entertain, or trust any minor under the age of twenty-one years, or any servant, knowing them, or either of them to be such, or after having been cautioned or warned to the contrary by the present guardian, master, or mistress of such minor or servant, in the presence of one or more credible witnesses, such innholder, keeper of public house, or retailer of liquors, so offending, shall, for the first or second offence, being duly convicted thereof, forfeit and pay the sum of three dollars for every such offence, over and above the loss and forfeiture of any debt such minor or servant shall or may contract for liquors or entertainment; and upon conviction for the third offence, the license obtained by such offender is hereby declared null and void; and the person so repeatedly offending shall forfeit and pay the sum of twelve dollars, on conviction by indictment, to the use of the county, and be forever after incapable of keeping a public house or inn within the state. SEC. 8. And be it further enacted, That no person shall, Selling to slaves by any means, presume to furnish, supply, or sell to any bond servant or slave, any rum, brandy, spirits, or any other strong liquors, or strong water, mixed or unmixed, either within or without doors, nor shall receive, harbor, or entertain any slave or servant in or about his, her, or their houses, without special license had and obtained under the hand of such master or mistress of such slave or bond servant respectively, under the penalty, for the |