in and determined by the court, in all things as well before and after judgment as if it had originated therein. SEC. 4. When any change of venue shall be granted Clerk and sher- in term time, the like proceedings shall be had, and duiff's duty. ties performed by the clerks and sheriffs respectively, as in the preceding section: Provided, no change of venue shall be granted, in any criminal case, until after indictment found. Proviso. Expenses of change how paid. Witnesses to attend,, &c. SEC. 5. The expenses attending a change of venue, in a civil case, shall be taxed by the clerk of the court from which the cause is certified, according to the rates established by law, for like services, and shall be paid by the petitioner, and not taken as part of the costs in the suit; and if the petitioner shall neglect or refuse to pay the same to such clerk within fifteen days after the change of venue is awarded, such clerk may make out a fee bill against such petitioner and his security for costs, (if any,) and deliver the same to any sheriff of any county in this state, who shall levy and collect the amount of such fee bill, and twenty per cent. thereon, for the use and benefit of such clerk, in the same manner as on executions; and such sheriff shall be entitled to like fees as on execution: Provided, that where the venue is changed without application from either party, the costs of such change shall abide the event of the suit. SEC. 6. When the venue shall be changed in any criminal case, the parties, witnesses, and all others who may have entered into recognizances, to attend the trial of such cause, having notice of the change of venue, shall be, and are hereby required to attend, at the time and place the trial is to be had, according to such change, and a failure to do so shall work a forfeiture of the recognizance. SEC. 7. When the venue is changed in term time, in a People's wit- criminal case, the attorney general or circuit attorney nesses recogni- shall have all witnesses on the part of the prosecution, zed to appear. recognized to appear at the court on the first day thereof when the trial is to be had. After convic to the county SEC. 8. In all cases where a change of venue shall be ordered in a criminal case, if the defendant shall be conviction, prisoner ted, and imprisonment shall be a part of the judgment, to be returned the sheriff of the county where such conviction shall be where the crime had, shall immediately take such prisoner and convey was committed. him to the county where the crime shall have been committed, and deliver him to the sheriff thereof, and take his receipt therefor, who shall retain him in custody, according to the judgment of said court; and all costs. and charges incurred in removing any prisoner as aforesaid, shall be allowed and paid out of the county treasury, where the crime shall have been committed, if the defendant be unable to pay the same. SEC. 9. The act entitled "An act directing the mode of changing the venue," approved February 23, 1819,1 and the act entitled "An act amending the act directing the mode of changing the venue," approved February 3, 1821, be, and and the same are hereby repealed. APPROVED, January 23, 1827. Acts repealed. WABASH RIVER. 12, 1833. AN ACT relative to the money appropriated to the improve- In force Feb. ment of the navigation of the Great Wabash river, approved, January 19, 1829, and for other purposes. Governor ex thorized to re the money ap Great Wabash. SEC. 1. Be it enacted by the people of the state of Illinois, represented in the General Assembly, That the governor of this state be, and he is hereby authorized to receive said ceive from Wilmoney, to be applied to defray the current expenses of liam Wilson the state, from William Wilson, in whose hands the said propriated to money is, he having been the person appointed by law the improveto receive said money from the receiver at Vermilion, ment of the who is hereby authorized and required to pay over the same. And the governor, so soon as he shall be informed that the state of Indiana has made the appropriation as contemplated by our aforesaid law, shall direct the auditor of public accounts, (who is hereby required to do the same,) to issue his warrant or warrants upon the treasury to the commissioner who is hereby appointed, and who is hereby authorized to receive the same, for the amount so received into the treasury from said Wilson, and for the amount which may be paid into the treasury by the receiver, William Reed, who is hereby authorized and directed to pay the balance due from the sale of the said ten thousand acres to the Wabash, into the treasury: And said warrant or warrants, shall be paid out of the first moneys received into the treasury after being informed that Indiana has made said appropriation. Comm'r ap SEC. 2. In order to carry into effect the aforesaid act pointed to dismaking said appropriation for the improvement of the burse the same, navigation of the Great Wabash river, Samuel Mundy for the purpose is hereby appointed a commissioner, with full power and improvement. authority to disburse the same, in the manner hereinaf ter described. SEC. 3. The said Samuel Mundy shall, before entering Shall give bond upon his duties as commissioner, enter into a bond, with to be approved good and sufficient securities, to be approved by the cirof by the judge cuit judge who may preside in the county of Wabash, in of the circuit court. son authorized to retain two the penal sum of eighteen thousand dollars, payable to the governor of the state for the use, and to be applied to the improvement of the Great Wabash river, as the fund is which he is hereby appointed to disburse; conditioned that he will faithfully and honestly apply and disburse ́ all moneys which he may receive, or that may come into his hands for the objects and purposes aforesaid: which bond, being so executed and approved, shall be filed in the office of secretary of state, and in case of death, omission to give bond in a reasonable time, resignation, or from any other cause, the office should become vacant, the governor shall appoint a commissioner, who shall give bond as herein required. SEC. 4. The said William Wilson is hereby authoriWilliam Wil- zed to retain, on paying over said money into the treasury, two per cent. upon the amount which he may have reper cent. out of ceived from the receiver of the Vermilion saline reserve, as a compensation for his trouble, responsibility, and expenses incurred. said money. . Comm'r to"". obstructions nearest the SEC. 5. The said commissioner shall commence with commence with the obstructions nearest the mouth of said river, and so on up; and by removing snags, making wing dams, clearmouth of said ing out rock, or otherwise, as he may deem most advisable, proceed so to remove the difficulties or obstructions as to make the same navigable for all kinds of -boats. river. Shall keep SEC. 6. It shall be the duty of said commissioner to keep suitable bound books, in which he shall keep his books of acc'ts. accounts, and statements of money received and paid out, and a concise record of all his poceedings; all important contracts which he may make, shall be reduced to writing, and in letting jobs, or parts of the work, he shall give notice of the time and place, thus affording an opportunity for competition; in making his disbursements, he shall take receipts, witnessed by one or more persons, and at each session of the circuit court of Wabash county, he shall present all his books and vouchers for inspection and settlement by said court; and the clerk of said court shall annually make out a statement of said accounts, and transmit it to the governor. SEC. 7. Said commissioner shall receive for his services Compensation. the sum of two dollars per day for each day necessarily engaged in the above work, in conjunction with commissioners on the part of the state of Indiana, to be paid out of the aforesaid fund. SEC. 8. That nothing in this act contained shall be so construed as to authorize the auditor of public accounts to draw his warrant or warrants upon the treasury for any money or moneys to be applied to the improvement of the navigation of the Great Wabash river, as is herein contemplated: Unless, the state of Indiana shall have appropriated an equivalent sum to that appropriated by the state of Illinois, on or before the 4th March, A. D. 1834, to be applied in conjunction with the moneys here. in appropriated. APPROVED, February 12, 1833. WILLS. AN ACT relative to Wills and Testaments, Executors and In force July 1, 1829. Who may make will. Supplement 18357.35 18374176 SEC. 1. Be it enacted by the people of the state of Illinois, represented in the General Assembly, That every person aged twenty-one years, if a male, or eighteen years, if a female, or upwards, and not married, being of sound mind and memory, shall have power to devise all the estate, right, title, and interest, in possession, reversion, or remainder, which he or she hath, or at the time of his or her death shall have, of, in, and to any lands, tenements, here-ee. ditaments, annuities, or rents, charged upon, or issuing out of them; or goods and chattels, and personal estate of every description whatsoever, by will or testament: all 87. 45 persons of the age of seventeen years, and of sound mind' and memory, married women excepted, shall have power to dispose of their personal estate, by will or testament: and married women shall have power to dispose of their separate estate, both real and personal, by will or testament, in the same manner as other persons. SEC. 2. All wills, testaments, and codicils, by which any To be reduced lands, tenements, hereditaments, annuities, rents, or goods to writing and and chattels are devised, shall be reduced to writing, and attested. signed by the testator or testatrix; or by some person in his or her presence, and by his or her direction; and attested in the presence of the testator or testatrix, by two or more credible witnesses; two of whom, declaring on oath or affirmation, before the court of probate for the fraud. proper county, that they were present and saw the testator or testatrix sign said will, testament, or codicil, in their presence; or acknowledged the same to be his or her act and deed; and that they believed the testator or testatrix to be of sound mind and memory, at the time of signing or acknowledging the same, shall be sufficient proof of the execution of said will, testament, or codicil, Proviso against to admit the same to record: Provided, That no proof of fraud, compulsion, or other improper conduct be exhibited, which, in the opinion of the court of probate, shall be deemed sufficient to invalidate or destroy the same; and every will, testament, or codicil, when thus proven to the satisfaction of the court of probate, shall be recorded by the judge thereof, in a book to be provided by him for that purpose, and shall be good and available in law for the granting, conveying, and assuring the lands, tenements, and hereditaments, annuities, rents, goods and chattels therein, and thereby given, granted, and bequeathed. Will to be re- court of pro- Witnesses to SEC. 3. It shall be the duty of each and every witness to any will, testament, or codicil, made and executed in this state, as aforesaid, to be and appear before the court - of probate on the regular day for the probate of such will, testament, or codicil, to testify of and concerning the execution and validity of the same; and the said court of probate shall have power and authority to attach, and punish by fine and imprisonment, or either, any witness who shall, without a reasonable excuse, fail to appear probate justice when duly summoned for the purpose aforesaid: Provided, Failing to do punish by fine and imprison ment. go before Cin. Confexceed the space of twenty days; nor shall a greater fine 1838 259 be assessed for any such default, than the sum of fifty Witness resid ing out of the state, court may issue a dedimus. dollars. SEC. 4. When any will, testament, or codicil shall be produced to the court of probate, for probate of the same, and any witness attesting such will, testament, or codicil, shall reside without the limits of this state, it shall be lawful for the judge of probate to issue a dedimus potestatem, or commission, annexed to such will, testament, or codicil, directed to some judge, justice of the peace, mayor, or other chief magistrate of the city, town, corporation, or county where such witness may be found, authorizing the taking and certifying of his or her attestation in due form of law. And if the person to whom any such commission shall be directed, shall certify, in the manner that such acts are usually authenticated, that the witness personally appeared before him, and made oath or affirmation that the testator or testatrix signed and published |