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§ 2. The provisions of this act may apply to any proceedings pending and undetermined in the courts of this state.

§ 3. This act is declared to be a public act, and shall take effect from and after its passage. Approved February 28, 1867.

AN ACT to amend an act entitled "An act to amend chapter XLIIIof the Ib force March Revised Statutes, entitled Forcible Entry and Detainer," approved May 6>18OT16, 1868.

[section 1.] Beit enacted by the People of the State of Illinois, represented in the General Assembly, That the Forcible entry above named act, to amend chapter XLI1I of the Revised "nd detainerStatutes shall extend to and embrace all leases, whether verbal or written; and if default shall be made in any verbal agreement of lease it shall have the same effect as if default had been made in any covenant contained in a written lease.

[§ 2.] This act to take effect from and after its passage. Approved March 5,1867.

AN ACT construing the part of section thirteen of chapter eighty-three of In force March the Revised Statutes, entitled "Practice," so far as the same relates to MW. the continuance of causes.

Section 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That from Practice, and after the passage of this act, section thirteen of chapter eighty-three of the Revised Statutes of this state, entitled "Practice," so far as the same relates to the continuance of causes, shall be construed as follows: When an affidavit for a continuance is tiled by one of the parties to a cause, on account of the absence of testimony, and such affidavit is admitted in evidence by the other party, the party admitting such affidavit shall be held to admit only that if the absent witness was present he would swear to the fact or facts which the affidavit states he will swear to, and such fact or facts shall have no greater force nor effect than if such absent witness was present and swore to the same in open court, leaving it to the party admitting such affidavit to controvert the statements contained therein, the same as if such witness was present and examined in open court.

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§ 2. This act shall be declared a public act, and shall be in force from and after its passage. Approved March 6, 1867.

In force March AN ACT to amend chapter 110, Revised Statutes, entitled "Wills." 7, 1867.

Section 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That secWilis. tion 87, of chapter 110, Kevised Statutes, entitled "Wills,"

be so amended that appraisers shall be entitled to one dollar and fifty cents per day, and that section 98, of said chapter, be so amended that a crier shall receive not more than four dollars per day.

§ 2. This act to be in force from and after its passage.

Approved March 7, 1867.

In force March AN ACT to amend chapter 80 of the Revised Statutes of 1845.

7, 186T.

Section 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That secArson, tion one hundred and fifty-six, of chapter thirty, of the Kevised Statutes of 1845, be so amended that any person who shall set fire to, or destroy or burn, or procure or cause to be burnt or destroyed, any barrack, cock, crib, rick or stack of hay, corn, wheat, oats, barley or other grain of any kind, or who shall willfully or maliciously destroy any other article of property not herein enumerated, and not enumerated in the section to which this is an amendment, of the value of twenty-five dollars or more, on conviction thereof, shall be punished by confinement in the penitentiary for a term of not less than one year, nor more than ten years.

§ 2. This act to take effect and be in force from and after its passage.

Approved March 7, 1867.

AN ACT to amend chapter thirty-six of the Revised Statutes, entitled In force March

"Roads." 1,im.

Section 1. Be it enacted by the People of the State of Illinois, represented in the General Assemby, That said Roads, road law is hereby amended, so that hereafter the county courts in counties not having adopted township organization shall have the sole power of determining the amount that each supervisor shall receive for his services in working the roads in his district, or for other services provided by law, or that may hereafter be made incumbent on said officers, and said allowance shall be made with reference to the work performed.

Approved March 7,1867.

AN ACT to amend chapter thirty (80) of the Revised Statutes, entitled In force May "Criminal Jurisprudence." 9> 1867,

Section 1. Be it enacted by the People of the State of Elinois, represented in the General Assembly, That sec- criminal juration one hundred and fifty-three of chapter thirty of the Re- prudencevised Statutes be amended so as to read as follows, to-wit: "If any person or persons shall knowingly and designedly, by any false pretense or pretenses, obtain from any other person or persons any chose in action, money, goods, wares, chattels, effects, or any valuable thing whatever, with intent to cheat or defraud any person or persons of the same, every person Bo offending, upon conviction thereof, shall be fined in any sum not exceeding two thousand dollars, and imprisoned not exceeding one year, and shall be sentenced to restore the property so fraudulently obtained, if it can be restored. No 'indictment for the obtaining of any property or thing by any false pretense or pretenses shall be quashed, nor shall any person indicted for such offense be acquitted for the reason that the facts set forth in the indictment or appearing in evidence may amount to a larceny or other felony; nor shall it be deemed essential to a conviction that the property in the goods or things so [obtained] shall pass with the possession to the person so obtaining it; but any person who shall commit an offense indictable as a misdemeanor, and also indictable as a felony may be indicted and convicted of either the felony or the misdemeanor.

Approved March 9, 1867. •

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In force March AN ACT to amend chapter ninety-three of the Revised Statutes of 1845 ». WT. entitled "Roads."

Section 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That whenever Roads. a public road or highway, shall pass over low or wet lands, and it shall be necessary to drain the same, in order to render the said road dry and passable, and the said road can not readily or conveniently be drained, without laying or digging a ditch or ditches, over and across the adjacent lands, it shall be lawful for the commissioners of highways or other officers whose duty it is to cause the said road to be made passable, to enter upon the said adjacent lands and construct the required ditch or ditches over and upon the same; and in case the said 'officer or officers shall be unable to agree with the owner or owners of such lands as to the amount of damages to be allowed and paid to such owner or owners, the same shall be fixed and ascertained in the manner appointed in section thirty-eight of the chapter to which this is an amendment and the other acts amendatory thereof, subject to the same right of appeal allowed in other cases.

§ 2. This act shall take effect and be in force from and after its passage.

Approved March 9,1867.

SCHOOLS.

In force Feb. 16, AN ACT to furnish information to school officers.

1867.

Whereas, a volume has been compiled and prepared, for the information and use of school officers, entitled "common AamWeeofI>re" school decisions," containing the school laws of the state, with all the important decisions of the several state superintendents of public instruction, and of the supreme court of the state in relation to schools, together with forms of all school instruments required by law, and full instructions concerning the practical duties of school officers and teachers; therefore,

Section 1. Be it enacted by the People of the State oj Illinois, represented in the General Assembly, That the secreBecretary of tary of state be and he is hereby authorized and instructed sutatofar- ^ pr0Cllre a 8Ugcienfj number of copies of said common school decisions, at a cost not to exceed one dollar and fifty cents per copy, to furnish one copy thereof to each board of school trustees and of school directors, for the permanent nse and benefit of said boards; and that the secretary of state distribute the same among the several counties of the state at the same time that he distributes the public laws and documents of this general assembly and that the auditor draw his warrant on the school fund for the cost and distribution of the same: Provided, that any amendments and alterations made by this general assembly, shall beincluded in said work: And Provided, further, that no advertising cards shall be published in said book.

§ 2. This act to be in force from and after its passage.

Approved February 16, 1867.

AN ACT to amend an act entitled "An act to establish and maintain a ays- in force Febru tem of free schools in the state of Illinois," approved February 16, 1865. ary 28, 186T.

Section 1. Be it enacted by the People of the State Illinois, represented in the General Assembly, That in order to enable county superintendents of schools to discharge compensation their duties with greater efficiency, they shall be entitled, school superin lieu of the per diem now allowed by law and exclusive intendents. of commissions, to be paid, semi-annually, from the county treasury of their respective counties, as compensation for their services the sum of five dollars per day for services actually rendered: Provided that the provisions of this section shall not apply to Cook county.

§ 2. The clerk of each board of school directors shall cierk to report, report to the township treasurer of the proper township, on or before the first Monday in October, annually, such statistics and other information in relation to the schools of their respective districts as the township treasurer is bound to embody in his report to the county superintendent, and the particular statistics to be so reported shall be determined and designated by the state superintendent of public instruction.

§ 3. When a school is composed of pupils from different Teacher's pay. townships the teacher shall, in all cases, be paid by the treasurer of the township in which the school is taught, and the duty of collecting the amount due from the other townships shall devolve upon the directors.

§ 4. All returned soldiers, who, during the late war, Returned soientered the army, while in their minority, shall be allowed diers, to attend, free, any public school in the districts where they severally reside, for a time equal to the portion of their minority spent in the military service of the United States.

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