rant upon the state treasurer in favor of the county of Gallatin, for seventeen hundred and sixty dollars, the same being for the purchase money for said lands.

APPROVED February 23, 1859.

AN ACT to pay Presley P. Hamilton for services as State's Attorney.

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

In force Feb.

19, 1859.

tor of public accounts is hereby authorized and required to Auditor to isissue from his office a warrant for the sum of five hundred sue warrant. dollars, on the treasurer of this state, in favor of Presley P. Hamilton, for services as state's attorney in the second judicial circuit court of this state, for the year 1857; and the

said treasurer is hereby required, upon the presentation of Treasurer said warrant, to pay the same out of any money in the treas- pay same. ury not otherwise appropriated.

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

to

AN ACT for the relief of J. M. Higgins.

In force Feb'y

19, 1859.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That J. M. Higgins be allowed the sum of seven hundred and seventy- Sum allowed. five dollars and seventy-five cents, for services rendered as medical superintendent of the Illinois State Hospital for the Insane, and that the auditor of public accounts issue to him his warrant therefor.

2. This act to take effect from and after its passage. APPROVED February 19, 1859.

AN ACT entitled an act for the relief of the heirs and creditors of W. C. Kinney, In force Feb'y

deceased.

24, 1859.

Whereas the people of the state of Illinois had recovered a Preamble. judgment against William Kinney, deceased, for the sum of $13,093 14, of which Wm. C. Kinney, now deceased, as executor, and claiming the real estate of said William Kinney by deed and the last will and testament of said

William Kinney, has paid the amount of $4,081 14, and in satisfaction of the balance of said judgment the state has purchased certain lands as belonging to said Wm. Kinney; and whereas, in the lifetime of said William C. Kinney, leave was granted, by various acts of the legislature, to redeem said lands by paying the amount bid therefor by the state, viz: the sum of $9,012, of which amount the said William C. Kinney, during his lifetime, has paid the further sum of $2,262 57, leaving an amount due, at the present time, of $8,237 14 of principal and $4,983 46 of interest; and whereas the estate of the said Wm. C. Kinney would be very greatly embarrassed, to the detriment of the children and creditors of the said estate, if the time for redemption was not extended;

SECTION 1. Be it, therefore, enacted by the People of the State of Illinois, represented in the General Assembly, That Time of re- the executor of the said William C. Kinney, for the benefit demption ex- of the children and creditors of his estate, be allowed the

tended.

Release.

further time of two years from and after the passage of this act to redeem the lands held by the state under a sale by execution against Wm. Kinney, deceased; which sale took place on the 28th of March, 1846, by paying the amount due in state indebtedness to the treasurer of the state of Illinois.

§ 2. That upon the certificate of the said treasurer that the amount due for the redemption of said lands has been paid as aforesaid, by the executor of said William C. Kinney, deceased, the governor shall execute a release for said lands to said executor for the benefit of the children and creditors of said estate.

3. That this law shall be in force from and after its passage.

APPROVED February 24, 1859.

In force Feb'y 17, 1859.

Preamble.

AN ACT for the relief of Joseph H. Moore, late Collector of McLean County.

Whereas Joseph H. Moore, late collector of the county of McLean, is defaulter in the sum of nine thousand eight hundred and sixty-six dollars on the revenue due the state for the year A. D. 1857; and whereas judgment has been rendered, at the January term, A. D. 1859, of the supreme court against the said Joseph H. Moore as principal and Isaac Funk, Jesse Funk, Asahel Gridley, John Magoun, William H. Temple, Robert Leach, John H. Wickizer, George Parke, John Gregory and John M. Scott, as securities, for the said sum of nine thousand eight hundred and sixty-six dollars; therefore,

to be levied for

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the execution to be issued on said judgment shall not be levied on Execution not the property of any of said securities until after the expira- two years from tion of two years from the date of said judgment: Provided, judgment. nothing herein contained shall prevent such execution from being levied upon the property of the said Joseph H. Moore, late collector as aforesaid: And provided, further, That Proviso. nothing herein contained shall be so construed as to prevent said judgment from being a lien upon the property of each and every one of said securities: Provided, That such exten- Proviso. sion of time shall not go into effect unless said securities file, within sixty days from the day of the passage of this act, in the auditor's office of this state, their written agreement accepting the provisions of this act.

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

APPROVED February 17, 1859.

AN ACT for the relief of the Bank of Naperville.

In force Feb'y

18, 1859.

Whereas the Bank of Naperville, located at Naperville, in Preamble. DuPage county, has, in pursuance of the act in force January 10th, 1855, entitled "An act to amend 'an act to establish a general system of banking, and the act supplementary thereto,"" approved Feb. 10, 1853, filed with the auditor a certificate of its desire and intention to withdraw its bills from circulation, and is now desirous of withdrawing and canceling said certificate, and of resuming its business as if no such certificate had been filed; therefore, SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the said

tificate.

Bank of Naperville be and is hereby authorized to withdraw Authorized to and cancel said certificate, and to resume and transact its withdraw cerbusiness and conduct its affairs in every respect as if said certificate had never been made and filed with said auditor: Provided, that prior to the withdrawal and cancelation of Proviso. such certificate and the resumption of business by the bank, the bank shall furnish to the auditor satisfactory evidence that not less than $50,000 of actual cash capital has been duly subscribed and paid in by the stockholders of said bank; and shall also deposit with the auditor the amount of stock now required by the general banking laws of this state for the organization of a new bank under said laws.

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

APPROVED February 18, 1859.

In force Feb'y 24, 1859.

Preamble.

Auditor

draw order.

AN ACT for the relief of Jesse York.

Whereas the state of Illinois, by authority of law, sold and conveyed by deed, dated April 2, A. D. 1844, to one William Prentiss, the following lands, situated in Shelby county, Ill's, being the west half of the southeast quarter of section twenty-five, (25,) township 12 north, range 4 east, 80 acres, which said deed was duly recorded in said Shelby county; and whereas, afterward, on the 14th day of November, A. D. 1854, the state of Illinois, by mistake, again sold the same land to one Jesse York, of said Shelby county, for the sum of one hundred and twenty dollars cash down, and that the said Prentiss has the older and better title, and holds the said land; therefore,

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the audito tor of the state of Illinois is hereby authorized to draw an order upon the treasurer of this state, in favor of Jesse York, for the sum of one hundred and twenty dollars, with interest on the same from the 14th day of November, A. D. 1855, at the rate of six per cent. per annum till paid, and that said order be paid by said treasurer on presentation. This act to be in force from and after its passage.

APPROVED February 24, 1859.

In force February 1859.

Repeals.

AN ACT in relation to repeal of laws by implication.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That hereaf ter the repeal of any penal statute, or law for the punishment of any crime or misdemeanor, shall not be construed as operating upon or affecting any case arising before the passage of such repealing statute, and the prior statute shall continue in force, as to all cases arising or existing before its repeal, unless otherwise expressly provided in the repealing

act.

2. This act shall take effect from and after its passage. APPROVED February 19, 1859.

In force February 24, 1859.

Jurisdiction.

AN ACT giving Justices jurisdiction in Replevin.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That justices of the peace in this state shall have jurisdiction in all actions

of replevin, where the value of the property claimed does not exceed one hundred dollars.

2. That when affidavit shall be filed before any justice Writ. of the peace, in this state, as is now required by law, in commencing an action of replevin in the circuit court, the justice before whom the same is presented shall issue the writ of replevin, directed to any constable of his county.

§ 3. All constables of this state are authorized and re- Duty of constaquired to execute all writs of replevin issued in accordance bles. with this act, and take the property and deliver the same to the claimant, and perform all acts that may be required of sheriffs of this state, according to law, in writs of replevin: Provided, the claimant or his agent or attorney shall give Proviso. his bond and security to said constable for double the amount of the value of the property to be replevied, conditioned as is now required by law in cases of sheriff's executing said

writ.

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

APPROVED February 24, 1859.

AN ACT to amend section two of chapter twenty-five, Revised Statutes.

In force April

26, 1859.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That so much of section two, chapter twenty-five, Revised Statutes, as re- Amendment. quires two-thirds of the voters present to be in favor of incorporation before any town can avail themselves of our general incorporation laws, be and the same is hereby amended, that from and after the passage of this act it shall only require a majority of the voters of any town desirous of being incorporated to avail themselves of such general incorporation laws.

APPROVED February 24, 1859.

AN ACT to amend section 52 of chapter 30, of the Revised Statutes.

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

In force April

26, 1859.

52, chapter 30, of the Revised Statutes, be and the same is Fine and imhereby amended, so that hereafter, in all convictions for an prisonment. assault with a deadly weapon, as defined in said section, the

person so convicted shall be fined not exceeding one thou