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before it reaches its destination, to give notice to the railroad or railway company, by card on the car or Oiherwise,
ador railway.company; by card commitment of the warehouse into which said grain is to be delivered ; and for the failure to deliver grain according to the direction of the owner or consignor thereof, such railroad or railway company shall be liable to the warehouseman to whom the same should have been delivered for two months' storage of all such grain so consigned or refused, and also to such warehouseman and to the owner of such grain for all other damages either of them may have sustained by reason of such refusal or neglect of said railroad or railway company, including all lawful expenses incurred by him or them in the prosecution of any suit or suits against such railıoad or railway company to recover the penalties or enforce the provisions of this act; or, if such grain is to be taken from the cars without delivery into any warehouse, the railroad or railway coinpany shall be notified in like manner thereof; and in such case said railroad or railway company shall notify said owner or consignee of the arrival of said grain at its destination, and give a seasonable time for the removal of the same; and for the failure to give such notice, when necessary, to the owner or consignee of the arrival of grain or for delivery of the same into any warehouse without the consent of such owner or consignee, or without notice or opportunity to remove the same from the cars of said railroad or railway company; where said consent is not given, such railroad or railway company shall be liable to the owner of such grain for all damages he may have sustained by reason of the illegal action of such railroad or railway company, including all lawful expenses incurred by him in the prosecution of any suits against such railroad or railway company growing out thereof, and all lawful expenses incurred by him or bis assignees against other parties to recover possession of such grain.
APPROVED February 16, 1867.
In force Feb’y AN ACT to amend an act entitled “An act regulating warehousemen, and 25, 1867.
authorizing connections of railroads with warehouses and for other purposes," approved February 16, A. D, 1867.
SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the said act be so amended, that wherever the word “consignor” occurs in the twenty-second section thereof, the said act shall read in lieu thereof " consignee;" and that where the word " and” occurs for the second time in said
twenty-second section, the said act shall be so amended that in lieu of the said word "and” the said act shall read "or."
§ 2. This act shall be deemed a public act, and shall take effect from and after its passage.
APPROVED February 25, 1867.
AN ACT relating to the competency of witnesses in civil cases. In force Feb. 14,
1867. SECTION 1. Be it enacted by the People of the State of Mlinois, represented in the General Assembly, That no witnesses. person shall be disqualified as a witness in any civil action, suit or proceeding, except as hereinafter stated, by reason of his or her interest in the event thereof as a party or otherwise, or by reason of his or her conviction of any crime, but such interest or conviction may be shown for the purpose of affecting the credibility of such witness; and the fact of such conviction may be proven like any fact lot of
pelled to testify thereto) or by any other witness cognizant of such conviction, as impeaching testimony, or by any other competent evidence.
§ 2. That po party to any civil action, suit or proceed- Exceptions. ing, or person directly interested in the event thereof, shall be allowed to testify therein of his own motion, or in his own behalf, by virtue of the foregoing section, when any adverse party sues or defends as the trustee or conservator of any idiot, lunatic or distracted person, or as the executor, administrator, heir, legatee or devisee of any deceased person, or as guardian or trustee of any such heir, legatee or devisee, unless when called as a witness by such adverse party so suing or defending; and also except in the following cases, namely :
First-In any such action, suit or proceeding, a party or Death. interested person may testify to facts occurring after the death of such deceased person.
Second—When, in such action, suit: or proceeding, any Agent of dec'd. agent of any deceased person shall, in behalf of any person or persons suiug or being sued in either of the capacities above named, testify to any conversation or transaction between such agent and the opposite party or party in interest, such opposite party or party in interest may testify concerning the same conversation or transaction.
Direet interest. Third—Where, in any such action, suit or proceeding,
any such party suing or defending as aforesaid, or any person having a direct interest in the event of such action, suit or proceeding, shall testify in behalf of such party so suing or defending, to any conversation or transaction with the opposite party or party in interest, then such opposite party or party in interest shall also be permitted to testify
as to the same conversation or transaction. Not interested. ourth—Where, in any such action, suit or proceeding,
any witness not a party to the record, or not a party in interest, or not an agent of such deceased person, shall, in behalf of any party to such action, suit, or proceeding, tes-, tify to any conversation or admission by any adverse party or party in interest, occurring before the death and in the absence of such deceased person, such adverse party or party in interest may also testify as to the same admission
or conversation. Deposition. Fifth—When, in any such action, suit or proceeding, the
deposition of such deceased person shall be read in evidence at the trial, any adverse party or party in interest may testify as to ail matters and things testified to in such deposition by such deceased person, and not excluded for
irrelevancy or incompetency. Book account. § 3. Where, in any civil action, suit or proceeding, the
claim or defense is founded on a book account, any party or interested person may testify to his account book, and the items therein contained, that the same is a book of original entries, and that the entries therein were made by himself, and are true and just, or that the same were made by a deceased person, or by a disinterested person, a nonresident of the state at the time of the trial, and were made by such deceased or non-resident person in the usual course of trade, and of his duty or employment to the party 80 testifying; and thereupon the said account book and entries shall be admitted as evidence in the cause.
4. That in any action, suit or proceeding, by or against any surviving partner or partners, joint contractor or contractors, no adverse party, or person adversely interested in the event thereof, shall, by virtue of section one of this act, be rendered a competent witness to testify to any admission or conversation by any deceased partner or joint contractor, unless some one or more of the surviving partners or joint contractors were also present at the time
of such admission or conversation. Husband or S 5. That no husband or wife shall, by virtue of section
one of this act, be rendered competent to testify for or against each other as to any transaction or conversation occurring during the marriage, whether called as a witness during the existence of the marriage or after its dissolution, except in cases where the wife would, if unmarried, be
plaintiff or defendant, or where the cause of action grows ont of a personal wrong or injury done by one to the other, or grows out of the neglect of the husband to furnish the wife with a suitable support, and except also in cases where the litigation shall be concerning the separate property of the wife, in all of which cases the husband and wife may testify for or against each other in the same manner as other parties may under the provisions of this act.
§ 6. That any party to any civil action, suit or proceed- Adverse paring may compel any adverse party or person for whose benefit such action, suit or proceeding is brought, instituted, prosecuted or defended, to testify as a witness at the trial, or by deposition, taken as other depositions are by law required, in the same manner and subject to the same rules as other witnesses.
§ 7. That in any civil action, suit, or proceeding, no No release. person who would, if a party thereto be incompetent to testify therein under the provisions of section two, or section three, shall become competent by reason of any assignment or release of his claim made for the purpose of allowing such person to testify.
§ 8. That nothing in this act contained shall in any man- Estates. ner affect the laws now existing relating to the settlement of the estates of deceased persons, infants, idiots, lunatics, or distracted persons, or to the acknowledgment or proof of deeds and other conveyances relating to real estate, in order to entitle the same to be recorded, or to the attestation of the execution of last wills and testaments, or of any other instrument required by law to be attested.
$ 9. That sections thirty-nine, (39) forly, (40,) and forty- Revised statone, (41,) of chapter fifty-nine, (59) and section seven (7) of utes. chapter fifty-four.(54) of the Revised Statutes of 1845; and an act to dispense with bills of discovery in certain cases, approved February 20th, A. D. 1861, and an act to amend the same, approved February 16, a. D. 1865, and all other acts and parts of acts inconsistent herewith, be and the same are hereby repealed.
§ 10. This act shall take effect and be in force from and after its passage, and shall apply to all cases then pending.
APPROVED February 19, 1867.
PRINTING AND BINDING.
In force March AN ACT to amend an act entitled “An act to reduce the several acts in 9, 1867.
relation to printing and binding, into one act, and to amend the same,” approved February 16, 1865.
let by contract.
SECTION 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That section Printing to be one of an act to reduce the several acts in relation to print
ing and binding into one act, and to amend the same, approved February 16, 1865, be, and the same is hereby so amended as to read as follows, to-wit: The printing and binding of all laws, journals, reports and other documents which now or hereafter may be required to be printed for the use of this state, shall be let by contract to the lowest responsible bidder or bidders, and that the same shall be
paid for at the contract prices, and no more. Notice of letting S 2. That section two (2) of said act be altered and
amended to read as follows: It shall be the duty of the secretary of state, after having given thirty days' notice, to be published daily in two papers printed at the city of Springfield, and the two printed at Chicago having the largest daily circulation, of the time of letting the printing of the laws, journals, reports, and other documents, which may be required for the use of the state, to contract with some responsible person or persons, to do the printing of
the approaching session of the general assembly. Award of con- § 3. That section three (sec. 3) of said act be altered
and amended to read as follows: At the time designated in said advertisement for the opening of the bids, the secretary of state shall proceed to open the same in the presence of the governor, auditor and treasurer, or any two of them, and such other persons as may desire to witness the same, which said officers, or any three of them, shall award the contract to the lowest responsible bidder or bidders. Each person who may present a bid to the secretary of state shall inclose in the same envelope with said bid, a good and sufficient bond in the penalty of fifteen thousand dollars, conditioned that he or they will faithfully, and in a good and workmanlike manner, perform and execute all the public printing required to be done in pursuance of his contract on that behalf, which said bond shall be approved by the governor and
filed in the office of the secretary of state. Two contracts § 4. That section four (sec. 4) of said act be altered and
amended to read as follows: That the secretary of state is authorized and instructed to advertise for bids to do the printing for the approaching general assembly, in two contracts, one to include all the laws, journals and reports
may be made.