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under any act of incorporation mentioned in the preceding section, such act of incorporation, and all amendments thereof, shall continue in force to the same extent and with like effect as if the same had not been repealed by this act, nor shall such repeal, as above-mentioned, be taken, construed or held to avoid or impair any grant made or right acquired, or cause of action now existing under any such acts or the amendments thereto, but as to all grants made or rights acquired or causes of action now existing, said laws shall be continued in full force and effect. And all deeds or other instruments of writing affecting real estate, which have been proved or acknowledged according to any law in force at the time such proof or acknowledgment was made, may be recorded, and the same or a certified copy of the record thereof be read in evidence, notwithstanding the repeal of such laws by this or any other act of this or the twenty-seventh general assembly. And when any limitation law has been revised by this or the twenty-seventh general assembly, and the former limitation law repealed, such repeal shall not be construed so as to stop the running of any statute, but the time shall be construed as if such repeal had not been made.

PUBLICATION OF REVISED STATUTES,

AN ACT to provide for the publication of the Revised Statutes of the State. [Approved March 30, 1874. In force July 1, 1874 ]

7. Contents and title of volume. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That immediately after the close of this session of the general assembly, all the general statutes of the State which will be in force on the first day of July next, shall be compiled and published in a volume to be entitled "The Revised Statutes of the State of Illinois, A. D. 1874."

8. Annotations—additional laws. § 2. The revised acts of 1871-2 and 1873-4 shall be annotated so as to show by proper reference, the original acts and sections embraced therein. The volume shall also contain the Declaration of Independence, the act of Virginia of December 20, 1783, the deed of session of Virginia of March 1, 1784, the ordinance of July 13, 1787, the constitution of the United States and the constitutions of the State of Illinois of 1818, 1848 and 1870, the acts of congress upon the authentication of statutes, records, etc., and the transfer of cases from State to federal courts, the naturalization of aliens, ceding lands to enable the construction of the Illinois and Michigan canal, the Central railroad lands, the swamp land act of September 28, 1850, and the act relating to fugitives from justice.*

9. Publication of session laws. § II. As soon as it can be ascertained with certainty what acts passed by this general assembly are included in the Revised Statutes herein provided for, the secretary of State shall have printed, in pamphlet form, eight thousand copies of all the acts of this general assembly not included in the Revised Statutes, and none of those published in said Revised Statutes shall be published

88 3 to 11 of this act relate exclusively to editing, publishing and distributing the first edition of the statutes mentioned in §§ 1 and 2, and are omitted as of no prac tical importance.

therein; which edition shall be printed and distributed, as nearly as may be, as provided by law, and shall be in lieu of the publication of the laws of this general assembly provided for by general law. The session laws of the twenty-eighth general assembly shall not be published, except as herein provided.

AN ACT to repeal an act entitled "An act in relation to certain fines and penalties in Cook county," approved February 23, 1867; in force February 23, 1867. [Approved May 31, 1879. In force July 1, 1879. L. 1879, p. 315.]

*10. Repeal act relating to Cook county. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That an act entitled" An act in relation to certain fines and penalties in Cook county," approved February 23, 1867, and in force February 23, 1867, be and the same is hereby repealed.

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AN ACT to revise the law in relation to sureties. [Approved February 27, 1874. In force July 1, 1874.]

1. Surety may compel diligence by creditor. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That when any person bound as surety for another for the payment of money, or the performance of any other contract in writing, apprehends that his principal is likely to become insolvent, or to remove from the State, without discharging the contract, if a right of action has accrued on the contract, he may, by writing, require the creditor forthwith to sue upon the same; and unless such creditor shall within a reasonable time, and with due diligence, commence suit thereon, and prosecute the same to final judgment and execution, the surety shall be discharged; but no such discharge shall in any case affect the rights of the creditor against the principal debtor.

[R. S. 1845, P. 493, § 1; Bartlett v. Cunningham, 85 Ill. 22; Ward v. Stout, 32 III. 400; Davis Sewing Machine Co. v. Buckles, 89 Ill. 237: Rogers v. Trustees, 46 Ill 428; Payne v. Webster, 19 Ill. 103; Taylor v. Beck, 13 Ill. 376; Reitz v. People, a Ill. 435; Danforth v. Semple, 73 I 170; Trotter v. Strong, 63 Ill. 272; Flynn 5. Mudd, 27 Ill. 323; Walker v. Crawford, 56 Ill. 448; Kennedy v. Evans, 31 M. 258; People v. Tompkins, 74 Ill. 482; Villars v. Palmer, 67 11. 206; Wittmer v Ellison, 72 Ill. 301 Day v. Humphrey, 79 Ili. 453; Hooker v. Gooding, 86 11 60; Maher v Lanfrom, 86 III. 513; Hall v. Hoxsey, 84 Ill. 616; Glickauf v. Hirschhorn, 73 Ill. 574.

2. Act extends to heirs, etc.-not to official bonds. § 2. The provisions of this act shall extend as well to the heirs, executors and administrators of the surety, as to the heirs, executors, administrators and assigns of the creditor, but shall not extend to the official bonds of public officers, executors, administrators, guardians or conservators. [R. S. 1845, p. 493, § 2; p. 494, § 3.

3. When principal maker dies-diligence against estate. 3. Whenever the principal maker of any note, bond, bill or other instrument in writing shall die, if the creditor shall not, within two years after the granting of letters testamentary or of administration, present the same to the proper court for allowance, the sureties thereon shall be released from the payment thereof to the extent that the same might have been collected of such estate if presented in proper time; but this section shall not be construed to prevent the holder of any such instrument from proceeding against the sureties within said two years. [L. 1869, p. 305, § 1; McHaney v. Trustees of Schools, 68 Ill. 140. 4. Surety not to prejudice principal. 4. No surety, his heir, executors or administrators, shall be allowed to confess judgment or suffer judgment to go by default, so as to distress his principal, if the principal will enter himself as defendant to the suit, and tender to the surety, his heirs, executors or administrators, sufficient counter security, to be approved by the court before which the suit is pending. [R. Š. 1845, P. 494, § 7.

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AN ACT to revise the law in relation to county surveyors, and the custody of the United States field notes. [Approved March 2, 1874. In force July 1, 1874.] 1. Oath. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That every county surveyor shall, before entering upon the duties of his office, take and subscribe, and file in the office of the county clerk, the following oath :

I do solemnly swear (or affirm, as the case may be), that I will support the constitu→ tion of the United States, and the constitution of the State of Illinois, and that I will faithfully discharge the duties of the office of the county surveyor according to the best of my ability.

[See Const., art. 5, § 25; R. S. 1845, p. 524, § 3.

2. Deputies. § 2. He may appoint one or more deputies for whose official acts he shall be responsible, who, having taken the oath required of a surveyor, may perform any of the duties pertaining to the office of county surveyor, and any acts done by any such deputy shall be as valid as if done by the county surveyor. [R. S. 1845, p. 524, § 5.

3. Chainmen, etc. § 3. The necessary chainmen and other persons must be employed by the person requiring the survey done, unless otherwise agreed, but the chainmen must be disinterested persons, and approved of by the surveyor, and sworn by him to measure justly and impartially to the best of their knowledge and ability.

[R. S. 1845, p. 524, §6; Pearsons v. Bailey, 1 Scam. 507.

4. Surveyor to make surveys. § 4. It shall be the duty of the county surveyor, either by himself or his deputy, to make all surveys that he may be called upon to make within his county, as soon as may be after application is made. (R. S. 1845, p. 524, § 4.

5. County to procure field notes-deposit of same-surveys. § 5. The county board of the county which has not heretofore procured a copy of the original field notes and plats of the United States surveys of the lands in such county, shall procure such copies from the custodian of the originals of such field notes and plats at the cost of the county. The copies of such field notes and plats which have been or shall be procured hereafter by any county shall be deposited and kept in the office of the recorder of the county, and be at all reasonable times subject to examination by all persons who may desire to examine the same. The county surveyor shall make all surveys, either by himself or deputies, in accordance with the original surveys and the laws of the United States governing surveys. [R. S 1845, p. 524, 7,

6. Corners-copies of field notes and surveys. § 6. For the purpose of perpetuating every survey, he shall establish the corners by taking bearing trees and noting particularly their course and distance and where *1051] there are no trees within a reasonable distance the corners shall be marked by stones firmly placed in earth, or, when that is not practicable, by mounds. He shall also, when requested, furnish the person for whom the survey is made a copy of the original field notes and plat of the survey. [R. S. 1845, p. 524, § 7.

7. Surveyor's record-evidence--penalty. 7. Every county surveyor shall be furnished by the county, with a well bound book in which he shall carefully and legibly record and note down every survey made by him, giving the date of the survey, the name of the person whose land is surveyed, the metes and bounds of the land, as near as practicable, and the date on which the survey was made. Such record shall be the property of the county and shall be kept in the office of the recorder of the county and shall be subject to the inspection of any person who may think himself interested; and a certified copy thereof under the hand of the recorder or surveyor or successor in office shall be prima facie evidence of the facts therein stated. Every county surveyor who shall refuse or neglect to record any survey made by hiin within sixty days after such survey is made as herein provided, shall forfeit and pay a penalty of one hundred dollars for each and every survey not thus recorded, to be recovered by any person who will sue for the same; one-half for the use of the person suing, and one-half for the use of the county in which the failure so to record occurred; or the surveyor, for every such refusal or neglect to record survey within sixty days after the same is made shall be fined not less than fifty nor more than one hundred dollars, to be recovered as other fines by com plaint, information or indictment, and when collected to be paid into the county treasury of the county in which the refusal or neglect occurred, to become part of the current revenue of the county. [As amended by act approved June 4, 1835. In force July 1, 1885. L. 1885, p.

[R. S. 1845, p. 524, 7: Kyle v. Town of Logan, 87 Ill. 64; Waterman v. Raymond, 34 Ill. 42; Turney v. Goodman, 1 Scam. 184; Rockwood v. Poundstone, 38 Ill. 199; Gooding v. Morgan, 70 II. 275.

8. Surveys not conclusive. § 8. No act or record by any surveyor, or his deputy, as aforesaid, shall be conclusive, but may be re

viewed by any competent tribunal in any case where the correctness thereof may be disputed. [R. S. 1845, p. 524, § 8.

9. Delivery to successor. 9. It shall be the duty of every County surveyor, or other person having the official record of such surveyor in his possession, to deliver up the said record to his successor, whenever he may be applied to for that purpose; and every person, who, having possession thereof, will refuse to deliver the same to such successor, when demanded, shall forfeit and pay $1.50 for every day he may detain it after demand, to be recovered by any person who will sue for the same before any justice of the peace of the proper county, one-half to the use of the person suing, and the other half to the use of the county. [See Criminal Code," ch. 38, § 216. R. S. 1845, p. 524, 8.

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10. United States field notes. § 10. As soon as the present custodian of the original field notes of the United States surveys, transferred from the United States surveyor-general's office to this State, pursuant to act of congress, shall complete the copying thereof pursuant to law, and the new State house is ready for occupation by the State officers, said custodian shall deposit said field notes, and the said copies, and all papers and documents pertaining thereto, in the office of the auditor of public accounts, and thereupon the office of said custodian shall cease, and said field notes and copies shall be and remain m the custody of the auditor of public accounts, and copies thereof made and certified by him under his official seal, shall be competent evidence.

UNITED STATES COAST AND GEODETIC SURVEY. AN ACT relating to the operations of the United States coast and geodetic survey. [Approved April 21, 1881. In force July 1, 1881. L. 1881, p. 154.

*11. May enter on land and erect works. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That any person employed under and by virtue of an act of congress of the United States, approved the tenth day of February, one thousand eight hundred and seven, and of the supplements thereto, for the survey of the coasts of the United States, or under the direction of congress, to form a geodetic connection between the Atlantic and Pacific coasts, and to furnish triangulation points for State surveys, may enter upon lands within this State for the purpose of exploring, triangulating, leveling, surveying, and of doing any other act which may be necessary to carry out the object of said laws, and may erect any works, tations, buildings and appendages requisite for that purpose, doing no unnecessary injury thereby.

*12. May condemn land. $ 2. If the parties interested cannot agree upon the amount to be paid for damages caused thereby, the United States of America may proceed to condemn said land as provided by "An act to provide for the exercise of the right of eminent domain." [Approved Apr to, 1872. In force July 1, 1872. Ante, p. 646.

13. Penalty for injuring signal building, etc. 3. If any person shall willfully deface, injure or remove any signal, monument, building or other property of the United States coast and geodetic survey, constructed or used under or by virtue of the acts of congress atoresaid, he shall forfeit a sum not exceeding fifty dollars for each offense, and shall be hable for damages sustained by the United States, in an action on the case in any court of competent jurisdiction.

SWAMP LANDS.

The original act upon this subject (L. 1852, p. 178) has been frequently amended. A large number of the amendatory acts are purely local, and taken together are quite voluminous. Few of the lands remain undisposed of by the counties to which they were granted. It is not probable that it would have proved satisfactory to have given the acts which are general in their terms, without also giving those which are local. For these reasons all are omitted. The county boards of the counties not under township organization are made successors to the county courts in all county affairs, and all the powers bestowed upon the county courts with reference to these lands can be exercised by the county boards. [R. S. 1874, p. 1051. See Counties," ch. 34, § 46, p. 368.

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