« ForrigeFortsett »
mon, on the fourth Mondays of March and July, and the third Mondays in November; in the county of Tazewell, on the Thursdays before the third Mondays in April and September; in the county of McLean, on the fourth Mondays in April and September; in the county of Livingston, on the first Mondays in May and October; in the county of De Witt, on the Thursdays thereafter; in the county of Champaign, on the second Mondays in May and October; in the county of Macon, on the third Mondays in May and October; in the county of Shelby, on the fourth Mondays in May and October; in the county of Christian, on the first Mondays in June and November; in the county of Logan, on the Thursdays thereafter; in the county of Menard, on the second Mondays in June and November; in the county of Mason and Piatt, at such times as the judge presiding in said circuit shall appoint.
Sec. 22. The times of holding circuit courts in the coun- Nirth circuit ties composing the ninth judicial circuit, shall be as follows, to wit: In the county of Kendall, on the fourth Mondays in August and May; in the county of Kane, on the Thursdays next after the fourth Mondays of August and May; in the county of De Kalb, on the second Mondays of September and June; in the county of Ogle, on the third Mondays of September and the fourth Mondays in March; in the county of Bureau, on the fourth Mondays of September and first Mondays in April; in the county of Stark, on the first Mondays in October and second Mondays in April
; in the county of Peoria, on the Thursdays next after the first Mondays in October and second Mondays in April; in the county of Marshall, on the Thursdays next after the third Mondays in October and fourth Mondays in April; in the county of Putnam, on the fourth Mondays of October and first Mondays of April; in the county of La Salle, on the first Mondays of November and second Mondays of May.
Sec. 23. That in all cases where the term of the court Duty of counshall exceed one week, it shall be the duty of the county ty com’rs if commissioners of said county to cause to be summoned twen
court exceed ty-four additional jurors, who shall be notified to appear on
one week Monday of the second or third week (as the case may be) of the terin, and who shall be subject to the same regulations as already provided by law in other cases.
Approved, February 23, 1841.
An ACT to change the times of holding courts in the third Judicial
In force, Feb. Sec. 1. Be it enacted by the People of the State of Mlinois,
26, 1841, represented in the General Assembly, That the courts in the third judicial circuit shall be held at the times hereinafter mentioned, viz: In the county of Hardin, on the Fridays be.
Times of hol-fore the second Mondays in March, and last Monday in Au-
second Mondays in September; in the county of Hamilton,
iamson on the Fridays following: Conficting
Sec. 2. All acts coming within the purview of this act acts repealed
are hereby repealed. This act to take effect from and after
Approved, February 26, 1841.
In force Feb.
An ACT supplemental to "An act to establish Circuit Courts" approved,
February twenty-third, one thousand eight hundred and forty-one.
Sec. 1. Be it enacted by the People of the State of Illinois, Time of cir-represented in the General Assembly, That circuit courts shall cuit court in be held in the county of Putnam, on the first Mondays in Putnam coun- May, and fourth Mondays in October annually, any thing in ty
the act to which this is a supplement, to the contrary notwith
standing; and so much of said act as requires the circuit Part of act re• court of said county to be held on the first Monday of April pealed is hereby repealed.
Approved, February 26, 1841.
An ACT to amend the act entitled "An act confirming grants of properly
made for the encouragement of Education, and for other purposes," apla force Feb. proved February first, one thousand eight bundred and thirty-one. 18, 1841.
Sec. 1. Be it enacted by the People of the State of Ilinois, Lot conveyed represented in the General Assembly, That in all cases where for church any land or lot has been, or may be conveyed, to the county purposes commissioners of any county in this State for the use of any
religious society, congregation or church, or to the intent that houses should be erected thereon for purposes
of divine worship, and the society, congregation, church or person for whose use the conveyance was made, shall desire to sell or otherwise dispose of the premises conveyed, and shall obtain the consent of the donor, or grantor, or his heirs, or their legal representatives to such sale, or disposition, it shall be the duty of the county commissioners to whom the
conveyance was made, or their successors, to execute con- . veyances for the same, so as to divest the legal title, and release all claim of the county to the premises conveyed; but no commissioners, or county shall, by virtue of such convey. ance, become responsible for the title of the premises conveyed, except as against their own acts.
Approved, February 18, 1841.
An ACT to amend and explain the Election Law, approved, January tenth, one thousand eight hundred and twenty-nine. si dhe
In force, Feb.
20, 1841. Sec. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That hereafter, at any Qualification election held in this State, all white male inhabitants above of voter the age of twenty-one years, and having resided in the State six months, next preceding such election, shall enjoy the
DIES right of an elector, whether such elector has been naturali. zed or not: Provided, That when any such person shall pre- Proviso sent himself to give his vote, and either of the judges shall suspect that such person does not possess the aforesaid qualification of age and residence, or either, or if his vote shall be challenged by any elector, who has previously voted at such election, the judges of the election shall tender to such person the oath or attimation in the following form: “İ, A. Form of oatb B. do solemnly swear, or affirm, (as the case may be) that I am a resident of the county of in the State of Illinois, that I have resided in this State for the period of six months immediately preceding this election, that I have, to the best of my knowledge and belief, attained to the age of twenty-one years, and that I have not voted at this election." Sec. 2. Any person so offering his vote at such election,
Vote to be taand shall take such oath or affirmation, or shall offer to take ken, unless such oath of affirmation, as prescribed in the preceding scc- proved false tion, his vote shall be received, unless it shall be proved by evidence satisfactory to a majority of the judges that such oath or affirmation is false; and if such person shall refuse to take such oath or affirmation, his vote shall be rejected; and if any person shall take the oath or affirmation as is before when person nared, knowing such oath or affirmation to be false, he shall deemed guilty be deemed guilty of wilful and corrupt perjury, and punish- of perjury ed accord ngly.
or and competence Sec. 3. If any judge or judges of election shall refuse to receive the vote of any such person so residing in this State, six months before election, and being at the time of offering his vote, twenty-one years of age, as stated in the first section of this act, and he shall comply or offer to comply with the first section of this' act, then every judge, or the judges so refusing or neglecting to receive the vote of the person aforesaid, and to record it as a legal vote, shall be liable to be indicted, and on conviction shall be fined five hundred dol
for lars, and imprisoned not exceeding thirty days, in the county neglect of duly of judges jail, and such judge or judges may also be sued in an action of of election case by the person aforesaid, and upon proof of such refusal or
neglect in said judge or judges to receive and record the vote of such person so offering to vote, damages may be recovered
of such judge or judges not exceeding five hundred dollars. Penalty for Sec. 4. If the clerk of the county commissioners' court neglect of du shall neglect or refuse to perform the duties as pointed out in
your of county the seventeenth section of an act entitled "An act regulating clerk
elections,” approved January tenth, one thousand eight hundred and twenty-nine, he shall be liable to be indicted, and on conviction shall be fined in a sum not exceeding five hundred dollars, and imprisoned not exceeding thirty days, and may be sued in an action of trespass on the case for damages not exceeding five hundred dollars by the person injured by rea
son of the neglect or refusal of such clerk. Persons muti
Sec. 5. If any person shall mutilate or erase any name, lating or creting poll or figure, or word, in a poll book, taken or kept at any elecbooks to be ţion, or if any person shall take away such poli book indicted
from the place where it has been deposited for safe keeping, with an intention of destroying the same, or to prevent the election of any person, or if any person shall destroy any poll book so taken and kept at any election, he or she shall be liable to be indicted, and on conviction, shall be fined five hundred dollars, and imprisoned not exceeding sixty days in the county jail: Provided, That nothing contained in this act shall conflict with the one hundred and sixty-fourth section of the criminal code.
Approved, February 20, 1841.
An ACT regulating evidence in certain In force, Feb. 1, 1842.
Sec. 1. Be it enacted by the People of the State of Illinois,
répresented in the General Assembly, That in trials of actions In trials on upon contracts, express or implied, where the action is contracts
, not brought by partners or by joint payees or obligees, it shall necessary to not be necessary for the plaintiff, in order to maintain any bership
parte such action, to prove the copartnership of the individuals na
med in such action, or to prove the christain or sir names of such partners, or joint payees or obligees, but the names of such copartners, joint payees or obligees shall be presumed
to be truly set forth in the declaration, petition or bill: ProProviso. vided, That nothing herein contained shall prevent the de
fendant in any sucli action from pleading in abatement as heretofore, or of proving on the trial either that more persons ought to have been plantiffs, or that more persons have been made plaintiffs than have a legal right to sue, or that the christian or sir name is other and different from the one stated in the declaration, petition or bill, in which event the defendants' rights shall be as at common law.
Sec. 2. On actions upon contracts, express or implied, Proof of liaagainst two or more defendants, alleged to have been made bility, not re
quired. or executed by such defendants, as partners or joint obligors or payors, proof of the joint liability or partnerskip of the defendants, or their christian or sir names, shall not in the first instance be required to entitle the plaintiff to judgment, unless such proof shall be rendered necessary by pleading in abatement, or the filing of pleas denying the execution of such writing, verified by affidavit, as is required by the “Act concerning practice in courts of law," approved on the twenty-ninth day of January, one thousand eight hundred and twenty-seven. The act entitled “An act regulating evi. dence in certain cases," approved, March second, one thou- Act repealed. sand eight hundred and thirty-nine, be and the same is hereby repealed, and this act to be in force from and after the first day of February next.
Approved, February 17, 1841.
An ACT to establish a ferry across the Illinois River.
In force Feb. Sec. 1. Be it enacted by the People of the State of Ilinois, 23, 1841. represented in the General Assembly, That William L. May, his heirs and assigns, be and they are hereby authorized to establish a ferry at the outlet of Lake Peoria, and to run the same from both sides of said outlet, either from any public Location. highway or from any lands or lots of ground which are or may be owned by them.
Sec. 2. The said William L. May, his heirs and assigns, shall at all times keep a sufficient number of boats, hands, Accommoda
tions. oars and poles, to afford at all times a safe and speedy transportation of all travellers and other persons who may desire to cross said river, with their horses, wagons, carriages and
Restrictions. other property, and the said ferry shall at all times be subject to all the rules and regulations which now are or may hereafter be provided by law to regulate ferries in this State. Sec. 3. In consideration of the obligations hereinafter
Sole right for imposed, the said William L. May, his heirs and assigns, 15 years. shall have the sole right of ferrying, and receiving tolls therefor, at the said outlet, for and during the term of fifteen years from and after the first day of May, A. D., one thousand eight hundred and forty-one.
SEC. 4. The said William L. May, his heirs and assigns, shall be authorized to receive for and during the said term of fifteen years, the following tolls, viz: man six and one-fourth Rates of Tolle cents; man and horse twelve and a half cents; gig, buggy, sulkey, or one horse wagon, twenty-five cents; carriage with springs, with two horses, twenty-five cents; wagon with two horses or oxen, twenty-five cents; and for each additional horse or ox to wagon six and a fourth cents; four horse coach sixty-two and a half cents; each horse, jack, jennet or mule