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In force Febru- AN ACT to provide for the recording of the original plats of school lands to per ary 21, 1859.

Preamble.

petuate the same.

Whereas, the school lands of this state, under the laws thereof, have been generally subdivided by the trustees of schools, without regard to any general system of survey: and whereas, the original plats, showing the metes and bounds of such surveys, and which are the only legal evidence thereof, and by [law are] required to be kept by the school commissioners, and are liable to be lost, defaced or destroyed, as the law provides no office or archives for their safe keeping; therefore, in order to perpetuate the

same,

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That it shall Original plats be the duty of each school commissioner in this state to reto be recorded cord in the recorder's office of his county, all the original

plats of school lands which now are or hereafter may come into his hands, which have not been recorded; and it shall be the duty of the county commissioners' court or the board of supervisors, as the case may be, to issue orders upon the Copensation.m county treasurer in favor of such such recorder, to pay for such services.

2. This act to be in force from and after its passage. APPROVED February 24, 1859.

In force Febru ary 16, 1859.

declared

lawful age.

of

AN ACT to declare Rufus P. Blossom of lawful age.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That Rufus P. R. P. Blossom Blossom, a minor, of Jersey county, in this state, is hereby declared to be of lawful age, and capable of doing and performing any and all acts in his own name as well as if he had attained the age of twenty-one years: Provided, that nothing herein contained shall be so construed as to allow the said Rufus P. Blossom to exercise the right of suffrage or to convey real estate until he has arrived at the age of twenty-one years.

P roviso.

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

APPROVED February 16, 1859.

AN ACT to secure the state a lien in certain cases.

In force Febru

ary 19, 1859.

ment of suit to

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That hereatter, whenever a suit is commenced by the state, either at Commencelaw or in chancery, against any public defaulter, or against any person or persons or corporation, for the recovery of any debt or any sum of money claimed to be due to the state, the commencement of said suit shall create a lien on the real and personal estate of the defendant or defendants, situated within any county in this state.

§ 2. This law to be in force from and after its passage. APPROVED February 19, 1859.

AN ACT relating to the law of limitation.

In force April

26, 1859.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That in all acts and statutes in this state, entitled "Limitations," or re- Words defined. lating to limitation of actions, wherein the terms "the cause of such actions shall have accrued" or "action accrued ” are used, such terms shall, in all cases be construed and taken to imean and designate, that all actions to which said terms relate, shall be considered, deemed and taken to have accrued from and after the time when such actions might have been commenced upon any cause or causes of action, and from and after the time when any bond, bill or note matures, services judgment or decree are rendered, or any wrong, trespass or injury has been committed upon which any suit or proceeding may be commenced, whether such cause of action arose or accrued within this state or not.

$ 2. All laws and parts of laws inconsistent, or in con- Laws repealed. flict with the provisions of the first section of this act are hereby repealed.

APPROVED February 19, 1859.

AN ACT to amend the criminal code and increase the punishment for man- In force Febru

slaughter.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That in all

ary 19, 1859.

term of im

cases where a person shall be convicted of manslaughter, Jury to fix the jury shall in their verdict fix the time which the party prisonment. found guilty as aforesaid shall be confined in the penitentiary, which shall be for natural life or any number of years, to be designated in the verdict.

Prior offences.

Larceny.

§ 2. All offences committed before this act, except those named in section three, takes effect, shall be punished, on conviction, as provided by the law in force at the time such offence was committed.

§ 3. All indictments for larceny, where the property stolen does not exceed twenty dollars in value, shall be barred after seven years from the time of the finding of the indictment.

4. This act shall be in force from and after its passage. APPROVED February 19, 1859.

In force April 26, 1859.

Complaint.

AN ACT to regulate mining.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That upon complaint being made, on oath, before any circuit judge, or, in the absence of a circuit judge, before any judge of the county court of any of the counties of this state, by any person, the owner of any land or town lot adjacent to any lands, lots or grounds worked as lead, coal or iron mines, that the said person or persons, so making complaint, have reasonable grounds to suspect and do suspect that such miner or miners is trespassing upon the lands or lots of such person, so making complaint, it shall be the duty of said Judge to ap judge to appoint some competent and suitable person to point examin- descend into said mines and make such examinations and surveys therein as may be necessary to ascertain whether such imines are worked upon the lands or lots of such person or persons making said complaint.

er.

Miners to

tion.

per

2. It shall be the duty of such miner or miners to mit examina- allow such person, so appointed, at all reasonable times, to descend into said mines and make such survey or examination as may be necessary to determine whether such mines are worked upon the property of the said person making such complaint or not; and any obstruction, knowingly and willfully placed in the way of such person, so appointed by the judge, with the intent to prevent his entry into any mines, rooms or galleries therein, and his examination of said mines, by any person or persons, their workmen, agents or servants, shall be punished to the same extent and in the same manner as is now provided by law for resisting a sheriff in serving legal process.

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§ 3. All costs and expenses attending said survey and examination of said mines, under this act, shall be advanced and paid by the person making stid complaint, who shall have the lit to recover the same and have them taxed as costs in any action for the recovery of damages against such

miner or miners, in which he may receive damages for tres-
pass in the working of such mines, and it shall be the duty
of the court to tax such expenses in the bill of costs in any
action where such damages may be recovered.
APPROVED February 18, 1859.

AN ACT to erect grave stones or monuments to the memory of deceased members In force Februof the legislature buried at Vandalia.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the sum

ary 24, 1859.

of two hundred dollars be appropriated from the state treas- Appropriation. ury, from any moneys not otherwise appropriated, to be applied to the purpose of erecting suitable grave stones or monuments over the graves of John Thompson, John B. E. Canal, Alexander F. Grant, Benjamin A. Clark and William Mellenry, deceased, members of the general assembly, and who died during their membership, and were buried at Vandalia, Illinois.

rant.

§ 2. That the state treasurer be authorized and required Treasurer to pay the said sum of money, upon warrants issued by the pay on auditor for that purpose; and the auditor be and he is hereby authorized and required to issue said warrants, upon application being made by the proper person.

to

war

§3. That Akin Evans, George H. Dieckman and Tevis Commissioners Greathouse, of Vandalia, be and they are hereby appointed commissioners to see that said sum of money [is] applied properly to the object expressed in this bill, and that they or one of them, to be selected by them, be empowered to draw said warrants for that purpose, and that they be required to report immediately upon the completion of said stones or monuments, with an account of the cost and a description of the same, to the auditor of state.

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

APPROVED February 24, 1859.

AN ACT to change the names of certain persons therein named.

SECTION 1. Be it enacted by the People of the State of Illinois, presented in the General Assembly, That the names

In force Jan

uary 26, 1859.

of Daval Ilengst and Reuben W. Hengst, be and the same Names changed are hereby changed to David Hent and Reuben W. Hent. This act to take clicct from and after its passage.

APPROVED January 26, 1559.

In force February 18, 1859.

Petition.

AN ACT to provide for an easy and expeditious method of changing names.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That if any person, being a resident of this state, and having resided therein six months next preceding the term of court at which the relief herein provided for is sought to be obtained, shall desire to change his or her name and to assume another name, by which to be afterwards called and known, such person may file a petition in the circuit court of the county wherein he or she shall reside, praying for such relief; and upon its appearing to the court that the conditions hereinafter mentioned have been complied with, and there appearing no reason why the prayer should not be granted, the court, Order of court. by an order, to be entered on its record, may direct and provide that the name of such person shall be changed, in accordance with the prayer in said petition. Whenever any infant has resided in the family of any person for the space. of three years and has been recognized and known as an adopted child in the family of such person, the application herein provided for may be made by the person having such infant in his family.

Infants.

What petition § 2. Such petition shall set forth the name then held and shall set forth. also the name sought to be assumed, together with residence of the petitioner, and the length of time he or she shall have resided in this state, and shall also state the state or country of his or her nativity or supposed nativity, and be signed by the person petitioning, or, in case of minors, by the parent or guardian having the legal custody of said minor; and said petition shall be verified by the affidavit of some credible person.

Notice by publication.

In cases of di

vorce.

Proviso.

§3. Previous notice shall be given of such intended application, by publishing a notice thereof in some newspaper published in the county where such person shall reside, or, if no newspaper shall be published in said county, then in some convenient newspaper, published in this state; which notice shall be inserted for three consecutive weeks, the first insertion to be at least six weeks prior to the first day of the term of the court in which the said petition is to be filed, and shall be signed by the petitioner, or, in case of a miner, his or her parent or guardian, and shall set forth the term of the court at which the petition is to be filed and the name sought to be assumed.

4. Fn all cases whenever, on application of any married woman, a divorce from her husband shall be decreed, it shall be lawful for the court granting such decree, to order, as a part of said decree, that from henceforth she shall be called and known by the name which she held and enjoyed prior to her marriage to her said husband: Provided, such change is desired by said married woman and shall have been prayed for in the bill tiled for such divorce.

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