« AnteriorContinuar »
fully claim'within ten years from the date of his decease aforesaid, in which event the said trustee shall convey the absolute title to said premises to the said heir or heirs; Provided, nevertheless, that from and after the purchase and investment aforesaid, the said Napoleon Koscialowski shall and may be permitted to have and enjoy the free use, benefit, and occupation of said premises without rent or charge, until the same sha!I have been duly claimed by and conveyed to the proper heir or heirs (if any) of said Edward Mlodzianowski; secondly, if no such lawful heir or heirs rightfully claim said premises ten years from the decease of the said Edward Mlodzianowski, then upon trust for the use, benefit, and behoof of the said Napoleon Koscialowski, for and during the term of his natural life; and lastly, at the death of said Koscialowski, upon trust, to convey the said lands and premises with the appurtenances, to his heirs, to have and to hold to them, their heirs and assigns for
Sec. 2. The said Dennis Rockwell, upon accepting the Trustee to trust hereby created, shall file his bond with sufficient security give bond to be approved of by the probate justice of the peace of Morgan county, in the penalty of
dollars, payable to the people of the State of Illinois, for the use of the heirs of Edward Mlodzianowski, deceased, conditioned that he will well and truly perform the trust hereby created.
Sec. 3. The said Dennis Rockwell shall, upon his acceptance of said trust, and within one month thereafter, report to the court of probate of Morgan county, all and singular, the estate, property, and effects, and choses in action, which may comc to his hands as trustee as aforesaid, and upon sale being made of all said estate, real and personal, he shall further re- To report to port his proceedings in the premises, with the terms of sale court of proand the amount realized therefrom, and when all of said pro- gan co. perty shall have been converted into money, he shall further report the amount thereof, with the cost of the monument, and the necessary expenses of said trust, and vouchers, and upon the investment of the residue of said moneys into lands, the said Dennis Rockwell shall file with said court a copy of all the title papers relating thereto, with a statement of the mode and manner of investment.
APPROVED, March 4th, 1843.
bate of Mor
AN AC'T supplemental to "an act concerning estrays," in force February In force, 9th, 1835.
Mar. 4, 1843. Sec. 1. Be it enacted by the People of the State of Illinois, Estrays not to represented in the General Assembly, That it shall not be law- be used ful for any person or persons to use any estray horse, mare, mule, or ass, unless the same shall have been first advertised as required by the provisions of this act.
Estrays taken Sec. 2. That hereafter it shall be the duty of any person up to be ap. taking up any estray animal or lost goods, within five days
after the same is so taken up, to post up written notices describing the property in three of the most public places in the neighborhood where the taker up resides, for at least twenty days before having the same appraised, according to the provisions of the act to which this is an amendment. So much of the act to which this is an amendment as makes it the duty of
the taker up to have the property appraised within ten days Proviso is hereby repealed; Provided, always, that when any property
so taken up, or found, as the case may be, and shall be proven away before the expiration of twenty days, then and in that case the claimant of such property shall pay to the taker up: or finder, as the case may be, all reasonable charges for taking up and keeping the same. This act to be in force from and after its passage:
APPROVED, March 4th, 1843.
In force, AN ACT to amend "an act concerning estrays,” approved February 9th, Mar. 6, 1843.
Sec. 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly, That hereafter it shall Concerning be the duty of the taker up of any estray horse, mare, colt, estrays mule, or ass, or other estray animal, previous to having
the same appraised, to give not less than ten nor more than fifteen days notice, by posting up written or printed advertisements, if a horse, mare, colt, mule, or ass, in three of the most public places in the justice's district in which the taker up shall reside, and for all other animals, by posting up such advertisements in three of the most public places in the neighborhood in which the taker up shall reside, particularly describing said estrays in the manner required by the act to which this is an amendment; and it shall be the duty of the taker up, previous to such appraisement, to prove the posting up of such advertisements agreeably to the provisions of this act, before the justice before whom such appraisement shall be made, by his own oath, or that of a credible witness.
APPROVED, March 6th, 1843.
AN ACT concerning evidence in certain cases. Feb. 24, 1843.
Sec. l. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That a copy of all papers, books or proceedings, or parts thereof, appertaining to transactions in their corporate capacity, of any town or city here. tofore incorporated, or now incorporated, or that hereafter may be incorporated, under a general or special law of this
State, certifież to be true copies by the clerk or the keeper of Certified copthe same under the seal of said town or city, or under the pri
ies of books, vate seal of said clerk or keeper if there be no public seal; the of incorporasaid clerk or keeper also certifying that he is entrusted with ted towns
made eridthe safe keeping of the originals of which he gives certified copies, shall be received as prima facia evidence of the facts of justice so certified in all the courts of this State in any suit or proceeding pending before them.
APPROVED, February 24th, 1843.
ence in courts
AN ACT to exempt certain articles from execution.
Mar. 4, 1843. Sec. 2. Be it enacted by the People of the State of Nlinois, represented in the General Assembly, That the wearing appa-Wearing aprel of each and every person shall be exempt from levy or parel exempt sale on execution, writ of attachment, or distress for rent.
tion Sec. 2. That the following property, when owned by any other properperson being the head of a family and residing with the same, ty exempt shall be exempt from levy and sale on any execution, writ of from execuattachment, or distress for rent; and such articles of property shall continue so exempt while the family of such person, or any of them, are removing from one place of residence to another in this State, viz: first, necessary beds, bedsteads and bedding, the necessary utensils for cooking, necessary household furniture, not exceeding in value fifteen dollars, one pair of cards, two spinning wheels, one weaving loom and appendage, one stove and the necessary pipe therefor; Provided, the same shall be in use, or put up for ready use, in
house occupied by such family. Second, one milch cow and calf, two sheep for each member of the family, and the fleeces taken from the same, or the fleeces of two sheep for each member of a family which may have been purchased by any debtor not owning sheep, and the yarn and cloth that may be manufactured from the same, and sixty dollars worth of property, suited to his or her condition, or occupation in life, to be selected by the debtor. Third, necessary provisions and fuel for the use of the family for three months, and necessary food for the stock herein before exempted from sale, or that may be held under the provisions of this act; Provided, that any person, being the head of a family and residing with it, who shall be taken before a probate justice of the peace on a Some proper. ca. sa. and shall take the benefit of the insolvent laws of this !y allowed to
insolvent State, shall be allowed the same amount of property exempt debtors from the provisions of said act as is provided for by the provisions of this act; and it shall be the duty of said probate justice of the peace to set apart to such person
the same amount and kind of property as is or may hereafter be exempt from execution.
Sec. 3. If any officer, by virtue of any execution or other
Penalty for ta- process, or any other person, by any right of distress, shall king such pro také or seize any of the articles of property herein before experty in execution empted from levy and sale, such officer or person shall be liable to the party injured for three times the value of the
property illegally taken or seized, to be recovered by action of
trespass, with costs of suit. Justices ju- Sec. 4. For the purpose of recovering the damages provirisdiction in ded for in the third section of this act, justices of the peace such cases
shall have jurisdiction to the amount of one hundred dollars. Laws coniic- Sec. 5. All laws exempting property from execution, and ting with this, all acts and parts of acts coming in conflict with the proviand all others sions of this act, be and the same are hereby repealed. This exempting
act to take effect from and after its passage; Provided, should property from execution re- any disagreement arise between any officer and defendant in pealed, execution, about and concerning the value of any species of Proviso
property allowed by this act, it shall be the duty of said officer forthwith to summon two disinterested house holders, who, after being duly sworn by some justice of the peace, shall proceed to appraise such property as said defendant may
select. This act not Szc. 6. Nothing in this act shall be so construed as to preto affect land. vent landlords from holding a lien on the crop growing or lords liens for
grown on land for rent due for the came.
APPROVED, March 4th, 1843.
et sees amended
AN ACT relating to dockel fees. Mar. 4, 1843.
Sec. 1. Be it enacted by the People of the Slate of Illinois, represented in the General Assembly, That all laws and parts of
laws now in force in this State, authorising the collection of Laws in rela-docket fees in suits, in which the title of land shall come in tion to dock- question, of five dollars, and in each suit where the title to
land does not come in question, two dollars and fifty cents, and in each chancery suit five dollars, shall, from and after the passage of this act, be so changed, that no such docket fee shall be charged or collected in cases where final judgment or decree shall be for cost only, or where the case shall be decided without empanneling a jury, or where the suit did not first originate in the circuit court; Provided, that hereafter the docket fee in chancery proceedings shall be two dollars and tifty cents, and in civil cases, when the title to lands does not come in question, one dollar and twenty-five cents.
APPROVED, March 4th, 1813.
AN ACT to amend an "act to provide for the establishment of ferries, toll In force,
bridges, and turnpike roads,” approved February twellth, one thousand Feb. 1, 1843. eighi hundred and twenty-seven.
Sec. 1. Be it enucted by the People of the Stute of Illinois, represented in the General Assembly, That so much of the thir. Repeal of sɔ
much of forteenth section of an act entitled "an act to provide for the es
mer act as is tablishment of ferries, toll bridges, and turnpike roads,” ap-repugnant to proved February twelfth, one thousand eight hundred and this twenty-sever, as is repugnant to the provisions of this act, be and the same are hereby repealed.
Sec. 2. That all ferries that heretofore have been or here- Ferries oppoafter
may be established across the Great Wabash river op- site Vin. posite the town of Vincennes, in Lawrence county, which sen berenang shall be abandoned, disused, unfrequented, or neglected by the proprietor or proprietors for the space of six weeks at any one time, shall be forfeited, according to a proceeding to be had under the provisions of the thirteenth section of the above recited act.
APPROVED, February 1st, 1843.
AN ACT 10 establish a ferry therein named.
Feb. 3, 1843. Sec. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That C. J. and G. L. Gib-Grant of ferry son, their heirs and assigns, be and they are hereby authorised privilege to establish and keep in operation for the term of fifteen years, Location of a ferry across the Illinois river from the town of Wesley city, ferry Tazewell county, to the opposite shore in Peoria county.
Sec. 2. It shall be the duty of said Gibsons, their lieirs or Duty of proassigns, to keep un band at all times good and sufficient boats, prietors furnished with persons of suitable strength and skill to insure a safe and speedy passage at said ferry.
Sec. 3. Ii shall be lawful for the owners of said ferry, their Rates of toll heirs or assigns, to demand and receive the same rates of fer
Right to estariage as are now allowed ferries like situated across the Illi- blish o:her nois river nearest to said ferry. The county commissioners ferries resof the above named counties shall not, during the existence of tricted this act, authorise the establishment of any new ferry within one mile of the ferry hereby authorised, unless the said Gibsons shall fail to comply with the provisions of this act.
Sec. 4. The ferry hereby granted shall in all respects be Regulations governed by the laws regulating ferries, toll bridges, and turnpike roads, and may be altered, amended, or repealed by the Privileges Legislature, whenever the public good may require the same. may be re
pealed This act to take effect from and after its passage.
APPROVED, February 3d, 1843.