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§ 5. This act to take effect and be in force on the first day of April, A. D. 1865.

APPROVED February 15, 1865.

AN ACT to amend chapter XXXIV of the Revised Statutes of eighteen In force Feb. 13, hundred and forty-five, entitled "Dower.”

1865.

SECTION 1. Be it enacted by the People of the State of Mlinois, represented in the General Assembly, That in all cases for the assignment of dower, or for dower and partition, Dower, how as

signable. and there are several tracts of land in which a widow may be entitled to dower, said lands not being encumbered by mortgage or deed of trust, the commissioners appointed to assign to any widow her dower in said several tracts may assign the same to her in a body.

§ 2. That the provisions of this act shall apply to all Suits pending. cases now pending as well as those hereafter to be commenced, and shall be in force from and after its passage.

APPROVED February 13, 1865.

AN ACT to amend chapter XLIII of the Revised Statutes entitled “Forcible In force Feb. 16, Entry and Detainer.”

1865.

may enter judg

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That hereafter in all actions of forcible entry and detainer, and of forcible Justice Peace detainer, justices of the peace may hear and determine the mento same without the intervention of a jury, and may enter judgment and issue process therein as in cases of findings by a jury: Provided, either party may demand a jury of six or Proviso. twelve, on depositing with the justice the fees of such jury; and in case either party shall call for a jury of six only, the other party may elect to have twelve juryman on advancing the fees for the additional six.

§ 2. In all cases of tenancies where default shall be made Ten days' notice in the payment of rent due or in any of the covenants of a lease, it shall not be necessary to give more than ten days' notice to quit, or of the termination of such tenancy, and the same may be terminated on giving such notice to quit at any time after such default in any of the covenants of such lease, which notice may be substantially in the following form, viz: “To A. B.: You are hereby notified that in consequence of your default in [here insert the character of the default of the premises now occupied by you, being, &c., [here de.

to tenant.

Form of notice.

Proof of service

dence.

scribe the premises, I have elected to determine your lease, and you are hereby notified to quit and deliver up possession of the same to me within ten days of this date, dated, &c.,] to be signed by the lessor or his agent; and no other notice or demand of possession or termination of such tenancy shall be necessary. This notice may be a printed form or all written, as the landlord or agent may elect; all to be signed in writing.

§ 3. The service of such notice shall be by delivering a copy to the tenant, or by leaving a copy with some person above the age of twelve years, residing on or in possession or occupancy of the premises; and in case no one is in the actual possession of said premises, then by posting a like notice on said premises ; and the fact of the service of such notice, and how made, shall be stated in the complaint now required by law to be made to the justice before the com

mencement of such action; and the return of the officer servNotice to be evi ing such notice shall be prima facie evidence of the facts

therein stated; and if such notice is served by any person not an officer, the return shall be sworn to, and shall be prima

facie evidence of the facts therein stated. Forcible entry. S 4. The first section of the act to which this act is

amendatory shall be construed as embracing all cases where any person shall make any forcible or other entry into any vacant and unoccupied lot or premises, without color of right or title thereto, or shall hold over against the lessor, his heirs or assigns, after the term of the tenancy has expired; and where the covenant of a lease has been violated by the nonpayment of rent when due, it shall be sufficient for the landsord, his agent or attorney, to make demand for payment of rent due on any day prior to the commencement of his action of forcible detainer; and in the case mentioned in this section it shall only be necessary to give the person in possession ten days' notice to quit.

§ 5. The fees for issuing and serving process, and for all other official services by justices and constables in proceedings under this act, and the acts to which this is an amendment, shall be the same as in ordinary civil suits: Provided, that justices shall be entitled to fifty cents for issuing writs of restitution, and constables to one dollar for executing the

same. Appeals. $ 6. That in all actions of forcible entry and detainer, or

forcible detainer, when an appeal is taken to the circuit court by the defendant, the justice of the peace or the clerk of the circuit court with whom the appeal bond is filed, shall require such defendant to file with such appeal bond the affidavit of such defendant, together with the affidavit of one freeholder of the precinct or district in which such action was brought, setting forth the monthly and yearly value of the rent of the premises in controversy; and said justice of the peace or clerk shall require the appeal bond, so filed, to

Fees.

Proviso.

be of double the amount of the rent appearing by such affidavits to be due from the commencement of said action till the next term of the circuit court to which such appeal is taken, estimating the value of such rent by the affidavits aforesaid ; and at the next or any succeeding term of such circuit court the judge thereof may, if said action is continued, require a new bond to be given by the defendant to New bond. further secure the rent.

§ 7. In all cases where a lease or contract is existing be- Term of lease. tween the landlord and tenant, where all its covenants are fulfilled, the said lease or contract shall be deemed sufficient potice of its termination for the time for which it was made, and no other notice is necessary.

§ 8. This act shall take effect from and after its passage.

§ 9. All other acts conflicting with this shall be null and Acts repealed. void from the passage of this act.

APPROVED February 16, 1865.

AN ACT to amend chapter XLVII of the Revised Statutes, entitled “Guar- In force Feb. 16,

dians and Wards."

1865.

invest funds.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That guardians shall have power to invest the money of their wards in Guardians may United States bonds or other United States interest bearing securities.

$ 2. This act shall be in force from and after its passage.

APPROVED February 16, 1865.

1865.

may sue and re

sane, idior guardians in the Gene the People

AN ACT to amend chapter L of the Revised Statutes of 1845. In force Feb, 16, SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, [That) conservators, guardians or committees of any non-resident in- Conservators sane, idiot, lunatic, or distracted person, appointed in any cover. of the United States, in pursuance of the laws of any such state, may commence and prosecute in his or their name as such conservator, guardian, or committee, suits for the recovery of any real or personal property, or any interest therein in this state, belonging to any such insane, idiot, lunatic, or distracted person, or for any injury to any such property in any of the courts of record in this state, having jurisdiction of similar cases by persons in their own rights.

and

transfer

How may sell $ 2. It shall be lawful for any such conservator, guardireal estate.**an, or committee, of any non-resident insane, lunatic, or dis

tracted person, who shall have obtained or shall hereafter obtain an order from any court of record having jurisdiction over such matters in any of the United States, in which said guardian, committee, or conservator shall have been or shall hereafter be appointed, for the sale of any real estate or personal property, or any interest therein belonging to such insane, idiot, lunatic, or distracted person, situated in this state, upon filing a certified copy of such order for record in the office of the clerk of the circuit court of any county in this state, in which such property shall be situated, by petition to the circuit court of such county, to obtain an order from said circuit court, authorizing said conservator, guardi. an, or committee, to sell and transfer any such property or interest therein, belonging to any such idiot, lunatic, insane, or distracted person, and to make deeds and conveyances therefor; which deeds and conveyances, executed and acknowledged in pursuance of the laws of this state, or of the state in which said guardian, committee, or conservator shall have been or shall be appointed, shall be effectual in law and equity, to pass to the grantee or grantees therein, all the

right, title and interest of such insane, idiot, lunatic, or disNotice of peti- tracted person therein. Notice of the time and place of

presenting said petition to said circuit court shall be given by publication in the nearest newspaper for three successive weeks, the first of which publication shall be at least thirty days before the time fixed for the presentation of said petition, requesting all persons interested to show cause why the prayer of said petition should not be granted. The said cir

cuit court may, in its discretion, require such conservator, Bond of conser- guardian, or committee, to file a bond, with sufficient sure

ties, conditioned for the faithful application of the money which may be received for any such property, for the benefit and to the use of such idiot, lunatic, insane, or distracted person.

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

APPROVED February 16, 1865.

tion.

vator.

In force Feb. 16, AN ACT to amend chapter LX of the Revised Statutes of 1845, entitled 1865.

“ Landlords and Tenants.”

SECTION 1. Be it enacted by the People of the State of

Illinois, represented in the General Assembly, That in all Landlord's lien. cases of the demise of lands or premises, whether the rent

be payable wholly or in part in money, in specific articles

REVISED STATUTES — TOWNS AND CITIES.

111

of property, in any part of the products of the demised premises, or in labor, to be done and performed on the premises demised, the landlord shall have a lien upon the crops growing or grown upon the demised premises, in any year, for rent that shall accrue for such year, for the faithful performance of the terms of the lease under which the demised premises are held, and for the amount or value of the specific articles of property, or labor to be done and performed, and for the damage sustained in consequence of the non-performance thereof, to be determined by the court before whom proceedings to enforce such lien are had.

§ 2. That in all cases when the demised premises shall Sub-lessee liable. be sub-let the landlord shall have the same right to enforce his lien against the sub-lessee that he has against the tenant to whom the premises were demised; and all the provisions of this act and of the act to which this is an amendment shall extend to and be applicable to the sub-lessee.

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

APPROVED February 16, 1865.

March.

AN ACT to amend chapter XCIII of the Revised Statutes,

In force Feb. 16,

1965. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That section eleven, (11,) of chapter ninety-three, (93,) of the Revised December for Statutes, entitled “Public Roads,” be amended, by striking out the word “March” and inserting in lieu thereof the word “ December.”

§ 2. That section thirty-five, (35,) of chapter ninetythree, (93,) of the Revised Statutes, entitled “Public Roads," be amended, by striking out the word “March ” and inserting in lieu thereof the word “ December.”

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

APPROVED February 16, 1865.

AN ACT to extend the jurisdiction of towns and cities on any river within in force Feb. 15.

or on the borders of this state, for the purpose of police regula- 1865. tions.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That cities Jurisdiction or and towns on any river within or on the borders of this rivers.

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