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be so construed as to prevent the dissolution of such limited partnerships at any time, for, or on account of frand in the general partner or partners, nor to prevent the jurisdiction of a court of chancery in compelling an account of the partnership business, or in protecting the rights of any parties interested in such partnership.
5. Snch portions of the act to which this is an amend- Conflicting laws ment as are in conflict with this act are hereby repealed : “ Provided, however, that nothing herein contained shall be 80 construed as to affect limited partnerships that have been or may hereafter be formed under the provisions of said act, unless the parties thereto shall have availed themselves of the provisions of this act.
§ 6. This act shall take effect and be in force from and after its passage.
APPROVED February 18, 1867.
AN ACT to lease the penitentiary.
In force Feb. 27,
in the Lease.
SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the penitentiary of the state of Illinois, located in Joliet, in the county of Will, of said state, and the labor of the convicts confined or who may hereafter be confined therein, shall be and the same hereby are leased to Moses M. Bane, George W. Burns and Reuben B. Hatch of Adams county, and state of Illinois; Thomas O. Osborne, of Cook county, and state aforesaid, and Daniel Dustin of DeKalb county, and state aforesaid, their execntors, administrators and assigns, and upon the following terms and conditions, to-wit: The said lease, hereby authorized and granted, shall take effect, and the term thereof commence from and after the expiration of the present lease made to James M. Pitman and his representatives, which lease, by its terms, expires on the tenth (10) day of June, A. D. 1869, and shall continue eight (8) years, from and after the date of said commencement.
§ 2. Said lessees do hereby bind themselves, in consid- Conditions. eration of said lease to furnish, at their own expense, the necessary guards, also to feed and clothe the convicts, and furnish all necessary beds and bedding for the cells; also, to furnish said convicts on their discharge from the penitentiary, each with a suitable suit of citizen's clothing and such
sum of money as may be necessary to pay fare and reasonable expenses to the place of his conviction; also, to furnish the convicts with such stationery and postage as may be necessary; also, to pay all expenses of burying the dead in said prison, and recapturing escaped convicts, and shall save and keep the state harmless and free from all expense by reason of any of the items specified in this section.
§ 3. Said lessees shall enter into band, conditioned to abide by and perform all the provisions of this act, so far as the same apply to the duties and obligations of said lessees; which bond shall be made to the people of the state of Illinois in the penal sum of thirty thousand ($30,000) dollars, with good and sufficient securities, to be approved by the governor; which bond shall be executed within thirty (30) days after this act becomes a law, and shall be filed with the secretary of state, and shall be renewed, whenever in the opinion of the governor, the securities become insufficient.
§ 4. All laws, not inconsistent with this act, respecting the police and general management of the penitentiary, and all other acts, not inconsistent with the terms of said lease, as the legislature may from time to time enact and provide for the welfare, instruction and reformation of the said convicts, shall be in force and binding upon said lessees.
§ 5. That in case of injury, by fire or other unavoidable accident, so damaging the penitentiary and the property therein belonging to the state, as to render the shops and machinery useless to said lessees for the purposes of said lease, or the appearance or existence of any epidemic scourge or disease, such as small-pox or cholera, then in such case said lessees shall be paid by the state for all the expenditures in guarding, feeding, clothing, bedding and other expenses necessarily growing out of the aforesaid injury, by fire or such epidemic, in or to the penitentiary and other property of the state, until the same is repaired or such epidemic has ceased. Said repairs shall be made under and by the direction of the warden, and approved by the commissioners of the penitentiary and the governor of the state; and the warden shall be paid for the same, together with all expenses and losses arising from the causes aforesaid, in manner and form as is provided for the payment of the salary of the warden and other expenses of the penitentiary.
§ 6. That in case said lessees of the said penitentiary, under and by virtue of this lease, shall in anywise fails to perform the conditions of this contract the governor of the state shall have the right, and it shall be his duty, upon sixty (60) days' notice to the said lessees of such intention, to declare this lease forfeited ; and if the legislature is not in session he shall control and lease the said penitentiary until the next meeting of the general assembly.
of the go All sales of maters shall be by whol force from and
$ 7. The said lessees under this act shall, at no time No sale or during the continuance of the said lease, transfer or sell this lease, or any part thereof, except by and with the consent of the governor of the state.
$ 8. All sales of material or goods produced or manu- Wholesale. factured by the said lessees shall be by wholesale.
$ 9. This act shall take effect and be in force from and after its passage.
APPROVED February 27, 1867.
AN ACT supplementary to an act entitled "An act to lease the peniten- In force March
5, 1867. tiary.
SECTION 1. Be it enacted by the People of the State of Nlinois, represented in the General Assembly, That section State not liable. five (5) of an act approved February 27, 1867, shall not be 80 construed as to mean that the state shall be liable to said lessees for any losses or damages, sustained by them and resulting from their inability to work said convicts during such repairs or epidemic.
§ 2. This act shall be a public act and be in force from and after its passage.
APPROVED March 5, 1867.
PROTECTION OF PERSONAL LIBERTY.
In force March
AN ACT for the protection of personal liberty. SECTION 1. Be it enacted by the People of the State of Minois, represented in the General Assembly, That no super- Insane hospital intendent, medical director, agent, or other person, having the management, supervision or control of the insane hospital at Jacksonville, or of any hospital or asylum for insane and distracted persons in this state, shall receive, detain or keep in custody at such asylum or hospital, any person who has not been declared insane or distracted by a verdict of a jury and the order of a court, as provided by an act of the general assembly of this state, approved February 16, 1865.
§ 2. Any person having charge of or the management Misdemean ors. or control of any hospital for the insane, or any asylum for the insane, in this state, who shall receive, keep or detain
any person in such asylum or hospital, against the wishes of such person, without the record or proper certificate of the trial required by the said act of 1865, shall be deemed guilty of a high misdemeanor, and shall be liable to indictment, and, on conviction, be fined not more than one thousand dollars, nor less than five hundred dollars, or imprisoned not exceeding one year nor less than three months; or both, in the discretion of the court before which such conviction is had : Provided, that one-half of such fine shall be paid to the informant and the balance shall go to the benefit of the hospital or asylumn in which such person was detained.
§ 3. Any person now confined in any insane hospital or asylum, and all persons now confined in the hospital for the insane at Jacksonville, who have not been tried and found insane or distracted by the verdict of a jury, as provided in and contemplated by said act of the general assembly, of 1865, shall be permitted to have such trial. All such persons shall be informed by the trustees of said hospital or asylum, in their discretion, of the provisions of this act and of the said act of 1865 ; and, on their request, such persons shall be entitled to such trial within a reasonable time thereafter: Provided, that such trial may be had in the county where such person is confined or detained, unless such person, his or her friends, shall, within thirty days after any such person may demand a trial under the provisions of said act of 1865, provide for the transportation of such person to and demand trial in the county where such insane person resided previous to said detention, in which case such trial shall take place in said last mentioned
county. To be liberated. § 4. All persons confined, as aforesaid, if not found in
sane or distracted by a trial and the verdict of a jury, as above, and in the said act of 1865: Provided, within two months after the passage of this act, shall be set at liberty
and discharged. State's attorney § 5. It shall be the duty of the state's attorneys for the
several counties to prosecute any suit arising under the provisions of this act.
$ 6. This act shall be deemed a public act and take effect and be in force from and after its passage.
APPROVED March 5, 1867.
AN ACT to amend an act entitled "An act to provide for the construction in force March
of plank roads by a general law," approved February 12, 1849, and the .5. 1867. several acts amendatory thereof.
SECTION 1. Be it enacted by the People of the State of Ilinois, represented in the General Āssembly, That the provisions of the said acts shall apply to and embrace Mac- MacAdamized adamized and turnpike roads, and the organization and and turnpikes incorporation of companies for the purpose of making such roads, the same as if such roads were expressly named in the said acts. And the said companies shall have the same rights and franchises, and be subject to the same liabilities and restrictions as provided in the said acts in relation to plank roads.
§ 2. This act shall take effect and be in force from and after its passage.
APPROVED March 5, 1867.
: PUBLIC LAWS.
AN ACT authorizing Messrs. Callaghan and Cutler, of Chicago, to publish In force Feb.
the public laws, as passed at each session of the general assembly of this 25, 1867. state.
Preambles, WHEREAS, the number of copies of the public acts of the general assembly of this state are insufficient to supply the wants of those outside of the public offices of the state and counties of Illinois ; and, whereas, a cheap edition of the session laws of the state is desirable for the legal profession, and others desiring a copy of the public laws; therefore, SECTION 1. Be it enacted by the People of the State of
ve ) Callaghan and Illinois, representeù in the General Assembly, That Messrs. Cutler. Callaghan and Cutler, law-book publishers of Chicago, be, and they are hereby authorized to publish such an edition of the public laws of the state of Illinois, passed at each session of the general assembly, as they may deem proper, and sell the same upon their own private account: Provi. ded, that they shall procure a true copy of each and every public law passed by the said general assembly at each and every session thereof, after the enrollment and deposit of the same in the office of the secretary of state, from the