ble how to be disposed of. wares or merchandise shall pay all freight from said wreck or stranded steamboat or vessel, charges and other expenses as shall be justly established as being due on the same, for salvage, freighting and care thereof; and said wardens shall put in store, for safe keeping, all or such part of When perisha the same as may not be in a perishing condition, and all of said goods, wares or merchandise deemed by him so to be in a perishing condition shall be examined by three disinterested citizens, who may have knowledge in such matters, and if, upon their opinion certified by them that it is advisable, the same should be sold without delay, for the best interest of whom it may concern, then the said wardens shall proceed to give reasonable public notice of sale, and to sell the said goods, wares or merchandise pursuant to said notice, for the account of whom it may concern, taking care to record the sale and all the legible marks on said goods, wares or merchandise, in order that the rightful owner or owners thereof, or their agent or consignees, may claim the proceeds of the sale thereof; and the said warden or wardens, if more than one is acting in the matter or case, is authorized to pay the said owner or owners, or their agents, the proceeds of such sale, upon the legal establishment of their rights of property in the same, after first deducting all legal expenses in the case, of advertising and sale of said goods, wares or merchandise, together with all moneys advanced as aforesaid by said warden or wardens, and also their fees; and further, the said warden is authorized to deliver to the rightful owner or owners, or their agents, of said goods, wares or merchandise put in store for care and keeping by said warden, the said warden or wardens being first paid for all moneys advanced as aforesaid for salvage, care, freight and drayage, and for storage on said goods, wares and merchandise. Record required to be kept. 8 6. It shall also be the duty of each of said wardens to keep a fair record of their doings by virtue of said office, and to give copies and certificates thereof, under his hand and seal, to any person on application, and all such copies and certificates shall be taken and deemed prima facie evidence of the facts therein duly stated; and for the faithful performance of their duties the said port wardens shall give Bonds required bonds, such as may be approved by the judge of the circuit court of Cook county, in an amount not to exceed two thousand dollars. from port war dens. Foes. § 7. There shall be paid to each port warden for his services, the following fees, viz: for inspecting of each steamboat or other vessel, or the cargo and storage thereof, not exceeding five dollars, to be paid by the person applying for such inspection; for examining and assessing damages, under and by virtue of the fourth section of this act, not exceeding five per centum on the whole value of the goods, wares or merchandise examined and assessed by him-said value to be ascertained by the invoices of said goods, or by the market value thereof-fees to be paid by the applicant; or if there be found no damage on said goods, the applicant shall pay for the service of said warden in examining said goods, a fee of one dollar, and if he is employed more than one hour, fifty cents for every additional hour. For duties under and by virtue of the fifth section of this act, on all sales of damaged goods, wares and merchandise, not exceeding five per centum on the gross amount of said sale or sales by said warden or wardens effected; and for certificate or copy of record, fifty cents. fees, how made. § 8. The judge of the circuit court of Cook county is Reduction of hereby authorized and empowered, on application made by petition to him from the board of trade of the city of Chicago, to reduce and fix the compensation allowed by this act to the said port wardens for their service. § 9. This act to take effect and be in force from and after its passage. APPROVED Feb. 17, 1851. AN ACT to define the time of holding the circuit courts in the eleventh judicial In force Feb. 17, circuit. 1851. circuit. SECTION 1. Be it enacted by the people of the State of Counties compoIllinois, represented in the General Assembly, That the sing 11th counties of Will, Du Page, Iroquois, Grundy and Kankakee (if said county of Kankakee shall become organized) shall constitute the eleventh judicial circuit. courts. §. 2. That from and after the first day of July next the Time of holding times of holding courts in said circuit shall be as follows, to wit: In the county of Will, on the second Mondays of April and September of each year; in the county of Du Page, on the fourth Mondays of April and September of each year; in the county of Grundy, on the second Mondays after the fourth Mondays of April and September of each year; in the county of Iroquois, on the fourth Mondays after the fourth Mondays of April and September of each year; in the county of Kankakee (if such county shall become organized) the courts shall be held at such times as the judge of said court shall direct. 1851. § 3. The judge of the eleventh judicial circuit shall Spring terms for hold the spring terms of the circuit court for the present year in the counties of Boone, McHenry and Winnebago, in the same manner as if this law had not been passed. Election of state's attor ney. § 4. The election of a state's attorney for said circuit shall be held on the first Tuesday of April next, instead of the first Thursday of said month, as provided in the eighth section of "An act to establish the thirteenth judicial circuit," approved February fourth, eighteen hundred and fifty-one; and it shall be the duty of the secretary of state to cause a copy of this act to be immediately forwarded to the clerks of the circuit and county courts of the severa counties composing said judicial circuit. This act to take effect on its passage. In force March AN ACT to amend chapter nine of the Revised Statutes, entitled "Attachments 1, 1951. Notice, when to in circuit courts. SECTION 1. Be it enacted by the people of the State of be published. Illinois, represented in the General Assembly, That upon the return of attachments issued in aid of actions pending, unless it shall appear that the defendant or defendants have been served with process in the original cause, notice of the pendency of the suit, and of the issue and levy of the attachment, shall be published as is required in cases of original attachment; and such publication shall be sufficient to entitle the plaintiff to judgment, and the right to proceed thereon against the property and estate attached, and against garnishees in the same manner, to the same extent, and with like effects as if the suit had been commenced by attachment. This act applica § 2. In actions now pending in court plaintiffs may ble to actions give the notice and proceed therein under the provisions of now pending this act. This act shall take effect on the first day of March next. In force Feb. 17, AN ACT to legalize certain acts and proceedings of the county court of Du Page 1851. county, and to provide for transcribing certain records of the Du Page county circuit court. Preamble. Whereas the county court of Du Page county continued to hold and exercise jurisdiction over the county business of said county after the election of officers under the township organization, to wit: from the March term of said court, A. D. one thousand eight hundred and fifty, until the Tuesday after the first Monday in November following; therefore, SECTION 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That all Acts legalized. and singular the acts and proceedings of the said county court, touching the business of said county during the time aforesaid, are hereby declared to be as valid in law as though the township organization had not been adopted in said county. to examine re § 2. And be it further enacted, that Hugh Henderson, Commissioners Nathan Allen and Abram R. Dodge be and they hereby are cords of circuit appointed commissioners to examine the judgment and courts. execution docket and other records of the Du Page county circuit court, and if in the opinion of said commissioners it shall be necessary, in order to the preservation of the same, that they or any portion thereof be transcribed, said commissioners shall make report thereof to the said court, at its April term, A. D. one thousand eight hundred and fifty-one; which report shall be entered upon the records of said court; whereupon it shall be the duty of the judge In what case to of said court to make such order as he shall deem necessary and proper in the premises, to enable the clerk of said court to procure the necessary book or books for such purpose, and to transcribe the records aforesaid. be transcribed. § 3. It shall be the duty of the said commissioners to Fees of clerk fix in their reports aforesaid the compensation which said for transcribing clerk shall receive for services rendered, in pursuance of records. this act; and when such transcript shall be completed it shall be the duty of said clerk to certify his services to the board of supervisors of said county, at any regular or adjourned meeting thereof, who shall audit and order the same to be paid out of the treasury of said county. This act shall be in force from and after its passage. AN ACT regulating the payment of money out of the treasury. SECTION 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That whenever any person shall be entitled to a warrant on the treasurer, on any account whatever, against whom there shall be any account or claim in favor of the state then due and payable, the auditor of public accounts shall ascertain the amount due and payable to the state as aforesaid, and issue a warrant on the treasurer, stating the amount for which In force Feb. 17, 1851. Manner of issuing warrants to persons against whom the state has a set-off. Proviso. not to be af the party was entitled to a warrant, the amount deducted therefrom, and on what account, and directing the payment of the balance; which warrant so issued shall be entered on the books of the treasurer as for the amount the party was entitled to, but the balance only shall be paid: Provided, however, that the action of the auditor under the provisions. of this act shall not be conclusive upon any party who may receive any warrant issued as aforesaid, but such party shall have the right to contest, in any court having jurisdiction, the correctness of any decision of the auditor under the provisions of this act. § 2. No sale, transfer or assignment of any claim or Right of set-off demand against the state, or right to a warrant on the treasufected by trans- rer, shall prevent or affect the right of the auditor to make fer of claim the deduction and offset provided in the foregoing section. This act shall take effect on its passage. APPROVED Feb. 17, 1851. against state. In force Feb. 17, AN ACT authorizing an additional constable to be elected in Preston precinct, in 1851. Randolph county. SECTION 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That PresAdditional con-ton precinct, in the county of Randolph, shall be and is hereby entitled to one constable in addition to the number now allowed by law. stable. tion. § 2. The election for said additional constable shall be Manner of elec-ordered and held in the same manner as is now provided by law for filling vacancies in the office of constable, and agreeably to the election laws now in force; and the constable elected under the provisions of this act shall give bond and qualify, and shall be entitled to the same fees, and be liable to the same extent as other constables in this state. § 3. This act shall take effect and be in force from and after its passage. APPROVED Feb'y 17, 1851. |