OFFICERS, STATE.

In force March AN ACT to regulate the publishing of reports of state officers and other 81, 1869.

to report to gov

persons.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly. That the State officers auditor of public accounts, the state treasurer, the superinernor annually. tendent of public instruction, the trustees and directors of state institutions, and all other persons who are now required, by law, to make reports to the general assembly, shall make their reports, annually, on or before the fifteenth day of December, to the governor, instead of to the general assembly as heretofore required.

Governor

to

transmit to gen

§ 2. Said reports, and such as are now required to be eral assembly. made to the governor, shall be transmitted to the general assembly, by the governor, who is hereby authorized to cause to be published, prior to the meeting of the general assembly, such reports, or such portion thereof, not to exceed three thousand copies, as in his judgment the public. interest may require.

Governor's

message.

§ 3. The governor is hereby authorized, hereafter, to cause to be published not to exceed five thousand copies of his message, to the general assembly.

84. All laws, or parts of laws, inconsistent with the provisions of this act, are hereby repealed; and this act shall take effect and be in force from and after its passage.

APPROVED March 31, 1869.

PARTNERSHIPS.

In force March AN ACT to facilitate the settlement of the partnership interest of deceased 26, 1869.

persons' estates.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That in the case of the death of one partner, the surviving partner

Surviving

partner to make

or partners, his or their representatives, shall proceed to make a full, true and complete inventory of the estate of inventory. the co-partnership within his or their knowledge; and shall also make a full, true and complete list of all the liabilities thereof, at the time of the death of the deceased partner. He or they shall cause the said estate to be appraised in like manner as the individual property of a deceased person to the probate court.

be returned

lect.

82. He or they shall return, under oath, such invento- Inventory to ry, list of liabilities and appraisement within sixty days penalty for negafter the death of the co-partner, to the county or circuit court of the county of which the deceased was a resident at the time of his death; if the deceased shall have been a non-resident, then such return shall be made to the county or circuit court of the county granting administration upon the effects of the deceased. Upon neglect or refusal to make such return, he or they shall, after citation, be liable to attachment.

viving partners.

3. Such surviving partner or partners shall have the Duty of surright to continue in possession of the effects of the partnership, and settle its business, but shall proceed thereto without delay, and shall account with the executor or administrator, and pay over such balances as may from time to be payable to him in the right of his testator or intestate. Upon the application of the executor, or administrator, the county or circuit court may, whenever it may appear necessary, order such surviving partner or partners to render an account to said county or circuit court; and in case of neglect or refusal may, after citation, compel the rendition of such account by attachment.

§ 4. Upon the committal of waste by the surviving partner or partners, the court may, upon proper application, under oath, setting forth specifically the facts and circumstances relied on, protect the estate of the deceased partner by citing forthwith the surviving partner or partners to give security for the faithful settlement of the affairs of the co-partnership, and for his or their accounting for and paying over to the executor or administrator of of the deceased whatever shall be found to be due, within such time as shall be fixed by the court. The giving of such security may be enforced by attachment, or, upon refusal to give such security, the court may appoint a receiver of the partnership property and effects, with like powers and duties of receivers in courts of chancery. The costs of proceedings, under tuis section, to be paid by the executor or administrator in person, by the estate, or surviving partner, or partly by each or either, as the court may order. § 5. This act shall be a public act, and shall be in force from and after its passage.

APPROVED March 26, 1869.

Waste-security-costs.

PATENT RIGHTS.

In force March AN ACT to regulate the sale of patent rights in the state of Illinois, and

25, 1869.

deal in patents

prevent frauds connected therewith.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That from Unlawful to and after the passage of this act, it shall be unlawful for without affida any person to sell or barter, or offer to sell or barter, in any county within the state, any patent right, or any right, claimed by such person to be a patent right, without first making the affidavit and proof hereinafter provided for.

vit or proof.

Affidavit, and proof.

written obliga

tions.

2. Any person or persons desiring or intending to barter, or sell, any patent right, or any right which such person shall claim to be a patent right, shall, before offering to sell or barter the same, in any county within this state, submit to the clerk of the county court of such county, for his examination, the letters patent, or a duly authenticated copy thereof, and his authority to sell or barter the right so patented; and shall, at the same time, swear or affirm to an affidavit before such clerk, stating the name and place of residence of the applicant, and, if any agent, the name and residence of his or her principal, which affidavit shall be filed and preserved in the office of the clerk of the county court in which such application is made. And if such clerk be satisfied that the right so intended to be sold or bartered has been duly patented, and that the letters patent have not expired, or been revoked or annulled, and that the applicant is duly empowered to sell the same within such county, or any township thereof, said clerk shall record such affidavit and the letters patent, in a book to be kept for this purpose, giving to such applicant a certificate of this fact under the seal of such court.

3. Any person to whom such certificate may be isRequisites of sued shall exhibit the same to any person on demand. § 4. Any person who may take any promise or obligation, in writing, for which any patent right, or right claimed by him or her to be a patent right, shall form the whole or any part of the consideration, shall, at the time of the taking thereof, insert therein, in the body of the instrument and above the signature thereto, in prominent and legible writing or print, the words "Given for a patent right; "and all such obligations or promises, if transferred, shall be subject to all defenses as if owned by the original for promisee.

Penalty violation.

5. That any person who shall sell or barter, or offer to sell or barter, within this state, or shall take any obliga

tion or promise, in writing, for a patent right without complying with the requirements of this act, or shall refuse to exhibit the certificate as required hereby, shall be deemed guilty of an offense, and on conviction thereof, before any court of competent jurisdiction, shall pay a fine of not more than five hundred dollars, or be imprisoned in the jail of the proper county not more than six months, or both, at the discretion of the court, and shall, moreover, be liable to the party injured, in a civil action, for any damage sustained.

§ 6. The clerk of the county court shall be allowed and Clerk's fees. receive, as a fee, for taking and filing such affidavit, giving a certified copy of the same, under the seal of the court, and recording the same, together with letters patent, or certified copy thereof, the sum of three dollars, to be paid by the person making the application.

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

APPROVED March 25, 1869.

PECAN TIMBER.

AN ACT for the preservation of pecan timber.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That every person who shall, knowingly and willfully, without color of title made in good faith, cut, box, fell, bore or destroy any pecan tree, or sapling, standing or growing upon the land. of any person or corporation, without the license or consent. of the owner of such land, shall be subject to a fine of not less than fifty nor more than one hundred dollars, to be collected before any justice of the peace, in the county where such person may be found; one-third of the amount to be paid to the prosecuting witness, one-third to the owner of such land, and one-third to the school fund of the county. And it is hereby further provided, that in addition to the above, any person so felling or destroying any such tree, or sapling, shall be subject to indictment and punishment, by a fine of not exceeding one hundred dollars, or by imprisonment in the county jail for a term of not exceeding three months, or both.

In force March 27, 1869.

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

after its passage.

APPROVED March 27, 1869.

PENITENTIARY.

In force March AN ACT to fix the pay and salaries of certain officers of the penitentiary 81, 1869.

at Joliet.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the chaplain of the state penitentiary at Joliet shall be, hereafter, allowed eighteen hundred dollars per annum, for his services as chaplain, and for teaching the convicts.

§ 2. This act shall be deemed a public act, and be in force from and after its passage.

APPROVED March 31, 1869.

In force March AN ACT in relation to the compensation of the commissioners of the Illi30, 1869.

nois State Penitentiary.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That, from and after the passage of this act, the salaries of the commissioners of the Illinois State Penitentiary at Joliet shall be two thousand dollars each, and that in addition thereto said commissioners shall be paid their necessary expenses while actually engaged in the duties of their office.

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

APPROVED March 30, 1869.