or other animals, wagons, and the goods, effects, property, freight, etc., of all persons; and said boat or boats shall be provided with men of suitable strength to manage the same, or with horses, or with steam, or with suitable and equivalent propelling power, at the option of said Field. 3. The said John Field shall be allowed to land his Landinṛ. boat or boats at any point on said Ohio river, eligible and suitable, in front of the town of Golconda. 4. Said John Field, or his assigns or grantees, shall Rates of feri receive such rates of toll on freight or ferriage as the county age. court of said Pope county shall establish and ordain, not to exceed or be less than a fair and just compensation. § 5. And the said John Field, his heirs and assigns, shall Rights be entitled to the benefits of the forty-second chapter of the privileges. Revised Statutes of the state of Illinois, regarding ferries and toll-bridges; and should any person or persons or body corporate or politic, hereafter licensed or without license, run or land a ferry within the above space stipulated, they shall be subject to and incur the penalties and forfeiture provided in said chapter forty-two of the Revised Statutes, which may be recovered by the said John Field, his heirs or assigns, as therein provided. 6. This act shall be in force from and after its passage. APPROVED February 24, 1859. and AN ACT for the protection of orchards, and to prevent the destruction of small In force Febru birds. ary 24, 1859. certain small SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That it shall Destruction of not be lawful, in this state, for any person to shoot, or in birds prohibit any other manner to kill or destroy, or to entrap, ensnare or ed. otherwise capture any of the following description of birds, to wit: The blue bird, swallow, martin, musquito hawk, whip-poor-will, cuckoo, woodpecker, cat bird, brown thrasher, red bird, hanging bird, rice bird, sparrow, wren, humming bird, dove, goldfinch and mocking bird. 2. Every person who willfully violates the provisions Fine. of the preceding section, or who shall willfully destroy the nest or eggs of any of the birds hereinbefore described, shall be punished by a fine of not more than five dollars for each offence. 3. This act to take effect and be in force from and after its passage. APPROVED February 24, 1859. In force Feb. AN ACT to repeal so much of the game law as is applicable to Greene county. 24, 1859. Act repealed SECTION 1. Be it enacted by the People of the State of Illinois represented in the General Assembly, That so much of an act entitled "An act to preserve the game in the state of Illinois," approved February 15th, 1855, as is applicable to the county of Greene, be and the same is hereby repealed. 2. This act to be in force from and after its passage. APPROVED February 24, 1859. In force Febru ary 24, 1859. When ment by con entered. AN ACT concerning judgment by confession. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That no judg judgment by confession shall be entered by any court of this fession may be state, on any bond, bill, note or other instrument in writing, which is not due by the express terms thereof at the time of the rendition of such judgment, except in open court, on a full investigation of the fairness of the transaction by the court, although said bond, bill, note or other instrument in writing, may be accompanied by a power of attorney executed by the parties thereto authorizing the rendition of such judgment. Plaintiff's proo'. Security stay tion. to § 2. Before any court shall be authorized to render judgment on any such bond, bill, note or instrument of writing, not then being due by the terms therein expressed, by virtue of any supposed authority contained in any power of attorney attached to or accompanying the same, unless the defendant or defendants to be affected thereby shall appear, personally, and confess the same, the plaintiff shall prove, by testimony to be produced and taken orally in court, that at the time of the execution of said power of attorney the person or persons who executed the same were particularly informed and then knew that the meaning of said power of attorney was to authorize the rendition of judgment on such bond, bill, note or other instrument of writing, before the same shall become due and payable by the terms thereof, and also that the plaintiff will be in imminent danger of losing the debt thereby secured, unless a judgment shall be rendered thereon immediately. 3. No execution shall be issued on any such judgment execu- if the defendant shall offer to the said plaintiff a bond with good security, conditioned for the payment of said debt and costs, at the time of the maturity of such bond, bill, note or instrument of writing, on which said judgment shall have been rendered; and in case execution shall have been issued at the time of the offering of such bond with security, the same shall be stayed by order of the court, or judge in vacation, on producing to the court or judge an affidavit of the offering of such bond and security. $4. This act shall take effect and be in force from and after its passage. APPROVED February 24, 1859. AN ACT to amend an act entitled "An act to cede jurisdiction over land occupied In force Febru by the United States for light houses, custom houses and other purposes," ap- ary 16, 1859. proved February 13, 1855. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: Whereas by an act of the legislature of this state, approved Preamble, February 13, 1855, entitled "An act to cede jurisdiction over lands occupied by the United States for light houses, custom houses, and for other purposes," exclusive jurisdiction and legislation was granted to the United States over the land situated at the south east corner of block one hundred and nineteen, in the school section addition to Chicago, being one hundred and twenty feet on Monroe street and running north one hundred and forty feet, the same width, as a site for a building or buildings, to be occupied for a post office, custom house, &c.; and whereas the government of the United States, since the before mentioned act, has purchased an additional piece of land, immediately east of and adjoining the piece of land hereinbefore described, being fifteen feet in width in front, on Monroe street, by one hundred and forty feet deep, of the width aforesaid; also an additional piece of ground, immediately north of and adjoining the tract hereinbefore described, being fifty-two feet wide in front, on Dearborn street, by one hundred and thirty-five feet deep, of the width last aforesaid, upon which the walls of the building in process of erection are, in part, situated; and whereas, the government of the United States has purchased an additional piece of land, immediately north of and adjoining the tract hereinbefore described, being fifty-two feet front on Dearborn street, by one hundred and twenty feet deep, the width last aforesaid upon which the walls of the building in process of erection are, in part, situated; now, therefore,― Be it enacted, That exclusive jurisdiction and legislation Jurisdiction is hereby granted and ceded to the United States of America ceded. over the two last described parcels of land, or of so much or such portions thereof as the United States of America have acquired or shall acquire title to, in as full manner and to the same extent as in and by the act to which this is an amendment is ceded to the United States over the tract deTaxation re- scribed in the said act, with the same relinquishment of taxation and assessment as therein provided. linquished. Division. 2. That the same exclusive jurisdiction and legislation Same rights and exemption from taxation and assessment, as is granted granted to and in West and conferred by the act to which this is an amendment, is hereby extended to lands and their appurtenances, not exceeding in area two hundred feet square, at or near the corner of Lake and Halsted streets, in the West Division of the city of Chicago, or any other tract of land in said division, of the same area, that has been or may be selected or purchased and conveyed, to be occupied by the United States for a post office, branch post office or other public office or building; and a certificate of the secretary of the treasury of the United States, describing the lands so acquired or pur chased, for the purposes aforesaid, duly recorded in the office of the recorder of deeds in Cook county, shall be exclusive [conclusive] evidence of the tract or parcel of land to which the rights herein granted shall apply. Same Division. rights 3. That the same exclusive jurisdiction and legislation granted to and exemption from taxation and assessment, as is granted land in North and conferred by the act to which this is an amendment, is hereby extended to lands and their appurtenances, not exceeding in area two hundred feet square, which have been or may hereafter be selected or purchased and conveyed, in the North Division of the city of Chicago, to be occupied by the United States for a post office, branch post office or other public office or buildings; and a certificate of the secretary of the treasury of the United States, describing the lands so acquired or purchased for the purposes aforesaid, duly recorded in the office of the recorder of deeds in Cook county, shall be conclusive evidence of the tract or parcel of land to which the rights herein granted shall apply. Process may be executed. Public act. § 4. That all civil and criminal process, issued under the authority of the said state of Illinois or by any officer there of, may be executed on the premises that may be acquired or occupied for the purposes mentioned in this act, in the same manner as if jurisdiction had not been ceded. 5. This act shall be deemed and taken as a public act, and shall take effect from and after its passage. APPROVED February 16, 1859. AN ACT ceding to the United States jurisdiction over certain lands in the city of In force Febru Cairo, Illinois. ary 18, 1859. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That jurisdiction of the lands and their appurtenances that have been or Jurisdiction may be selected or purchased and conveyed, at or in the ceded. city of Cairo, Illinois, to wit: Block number thirty-nine, in the city of Cairo, Illinois, or any other lot or lots in said city, which may be conveyed to the United States, for the purpose of erecting a building or buildings for a United States court, post office or custom house, be and is hereby ceded to the United States of America: Provided, however, Proviso. that all civil and criminal process issued under the authority of said state or any office thereof, may be executed on said land and in the buildings that may be erected thereon, in the same manner as if jurisdiction had not been ceded as aforesaid. 2. The lands above described, with the appurtenances, Exemption buildings, and other property that may be thereon shall for- from taxes. ever hereafter be exempted from all state, county and mu nicipal taxation and assessment, so long as the same shall $ 3. AN AI to amend an act entitled "An act to provide for the dedication of lots In force April in towns situated on canal lands to public purposes." 26, 1859. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the first section of the act passed February 26, 1847, entitled "An Section act to amend an act to provide for the dedication of lots in amended. towns situated on canal land to public purposes," be so amended that any religious society or congregation may mortgage such lots to secure the payment of loans or debts contracted by such society or congregation for religious purposes, or for loans to pay any assessments made upon such lots by any city or town for opening or improving streets, and such society or congregation, by a vote of a majority of its members assembled at any regular meeting for the purpose, may and they are hereby authorized to vote any such loan or loans for the purposes aforesaid. APPROVED February 24, 1859. one |