Page images
PDF
EPUB

such mill dam so as to permit flat and keel boats to pass the same.

This act to take effect and be in force from and after the first day of June next.

APPROVED, Feb. 11, 1835.

In force Jan. AN ACT to amend "An act prescribing the mode of Sum24, 1834. moning Grand and Petit Jurors, and defining their qualifications;" approved, February 7, 1827.

pealed.

Part of law re- SEC. 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That so much of the eighth section of the act to which this is an amendment, as requires sheriff's or other officers to make timely return of any summons to the clerks that issued the same, be, and the same is hereby repealed..

Sheriff's duty in relation thereto.

SEC. 2. Be it further enacted, That in all cases where any sheriff or other officer shall be commanded to execute any summons, by virtue of the aforesaid act, he shall be required to make timely return of the same, on or before the return day thereof, to the clerk of the circuit court. APPROVED, Jan. 24, 1835.

In force Jan. 27, 1835.

Owners of ani

lawful fence,

ges.

AN ACT to amend "An act regulating Enclosures".

SEC. 1. Be it enacted by the people of the State of Illinois, mals breaking represented in the General Assembly, That if any horse, mare, liable for dama- gelding, colt, mule or ass, sheep, lamb, goat, kid, bull, cow, heifer, steer or calf, or any hog, shoat or pig, shall break into any person's enclosure, the fence being good and sufficient, the owner of such animal or animals, shall be liable in an action of trespass, to make good all damages to the owner or occupier of the enclosures, for the first offence single damages only, and ever afterwards double the damages sustained.

Sufficiency of fence to be pro

ven on trial.

SEC. 2. Be it further enacted, That the condition of the fence at the time the trespass was committed, may be proven upon trial, and that complaint made by the party injured before any justice of the peace of the county wherein such trespass shall be made, such justice is hereby authorized and required to issue a summons without delay to

three respectable householders of the neighborhood, no ways related to either of the parties, nor interested concerning the trespass, reciting the complaint and requiring them to view the fence where the trespass is complained of, and their testimony, in such case, shall be good evidence touching the sufficiency of the fence.

when an unlaw

SEC. 3. Be it further enacted, That if any person injured Persons injurfor want of such sufficient fence, shall hurt, wound, kill,lame ing animals, or destroy, or shall cause to be hurt, wounded, killed, lamed ful fence, liable or destroyed, by shooting, hunting with dogs or otherwise, for the same. any of the aforesaid animals, he or she so offending, shall satisfy or pay the owner of the same, the damages with costs, recoverable as aforesaid: Provided, That if the par- Proviso. ty liable to damages as aforesaid, in either case, will abide and pay what may be deemed reasonable by three neighbors, indifferently chosen to assess the same, it shall be a bar against such suit.

mals trespass

SEC. 4. Be it further enacted, That all animals trespass- Owner to be noing, the owners of the same (if known) shall be notified tified of anithereof, and if they shall refuse to secure the said animals ing. and prevent their trespassing, the persons on whom the trespass was committed, shall be authorized to secure the same, supplying the aforesaid animals with provender and water, for which they shall receive a compensation from said owner: Provided, That if said animals shall receive any abuse or damage from said persons, they shall be barred from any compensation for the aforesaid services.

SEC. 5. Be it further enacted, That the first and second Part of law resections of the act to which this is an amendment, be, and pealed.

the same are hereby repealed.

This act to be in force after its passage.

APPROVED, Jan. 27, 1835.

AN ACT relating to the Sale of the Gallatin Saline Lands. In force Feb.

select 5 thousand acres of

12, 1835. SEC. 1. Be it enacted by the people of the State of Illinois, Commissioners represented in the General Assembly, That Leonard White, appointed to Daniel Wood and John E. Hall, be, and they are hereby appointed commissioners to enter upon the Saline Reserve Saline lands. in Gallatin county, and select any quantity of land, not exceeding five thousand acres of land, and if there are any lands selected by the former commissioners which shall interfere with salt making at said Saline, or which is not now likely to sell, the same shall be relinquished by the aforesaid commissioners to an amount not exceeding the said

Shall report to the commis

five thousand acres. The said commissioners shall, before entering upon their duties, take an oath before some justice of the peace faithfully to discharge the duties enjoined upon them by this act.

SEC. 2. When the said commissioners shall enter upon the duties of their said office, and relinquish old selections sioner of sales. and make new ones in lieu thereof, they shall report the same to the commissioner of sales of Saline lands, noting in their said report, the description of lands relinquished and those selected in lieu thereof, making, by separate reparate reports, a distinction between a change of lands in the first and second sections.

Shall not make

within any

lease.

SEC. 3. The said commissioners shall not be authorized any selections to select any lands within any lease, unless the lessee shall relinquish any incumbrance he may have, by virtue of his lease to the said land so selected, in which case the said commissioners shall return the same along with their report, to the commissioner of sales, and all lands to be reselected under this act, shall be sold free from the incumbrances of any lease.

Persons resi

so selected.

SEC. 4. All persons who have settled on any of the said ding on lands lands that may hereafter be selected under the provisions of this act, and shall be in the actual occupancy of the same at the period when this act takes effect, shall be entitled to the right of purchasing the same at any time previous to the same being offered for sale, as is hereinafter provided, at the minimum price; and also, all persons shall be entitled to the same right, who shall have made permanent and valuable improvements thereon, tending towards husbandry, or who shall be the owner or occupier thereof at the time this act takes effect: Provided, That no one shall be entitled to purchase more than eighty acres under the pre-emption right herein granted.

Pre-emption

or more, how

decided.

SEC. 5. In all cases where claims to the right of preclaimed by two emption shall be made by two or more to the same tract of land, the same shall be decided by the third section of an act, entitled "An act concerning the Gallatin county and Vermilion county Saline lands," which said section is hereby revived and continued in force for the purpose aforesaid; but in all cases, the preference shall be given to the actual settler.

Duty of commissioners of

sales.

Commissioners

SEC. 6. After the said commissioners shall have made their report to the commissioner of sales, it shall be his duty to advertise the same for sale in some public newspaper, at least four weeks previous to the day of sale, and on that day offer the same as lands having been heretofore offered for sale.

SEC. 7. The commissioners named in the first section of in their selec- this act, shall not, in their selection of land, interfere with

interfere with

the manufactory of salt; but shall, in all cases, consult the tion shall not interest of the State and of the present lessees, as far as salt making. making salt is concerned. They shall be allowed the same compensation as other commissioners heretofore have been Compensation. allowed, to be paid by the commissioner of sales.

SEC. 8. That the fourth section of an act, entitled "An Part of act react to amend an act concerning Saline Reserves, a Peniten- pealed. tiary, and the improvement of certain navigable streams," approved, December 12, 1828, be, and the same is hereby repealed.

of commissioners of sales.

SEC. 9. The commissioner for selling the lands authori- Compensation zed to be sold in the Gallatin county Saline Reserve, shall hereafter receive as compensation for his services, and in full compensation for office rent, clerk hire, books, stationery and transportation of the money, five per cent. upon moneys received by him in the sale of said lands. Said per cent. to be deducted out of the money so received by him in payment for said lands.

all

five

APPROVED, Feb. 13, 1835.

AN ACT concerning Religious Societies.

In force March 1, 1835.

WHEREAS, petitions are frequently presented to the legis- Preamble. lature of the State to incorporate religious societies; and, whereas, if said acts of incorporation were granted, it would lead to an endless system of partial legislation; and whereas, all religious societies, of every denomination, should receive equal protection and encouragement from the legislature, and no one society be granted exclusive privileges: Therefore

ated.

SEC. 1. Be it enacted by the people of the State of Illinois, Religious socierepresented in the General Assembly. That it shall be lawful ties may befor the members of any society or congregation heretofore come incorporformed in this State for purposes of religious worship, and for members of any society or congregation which may hereafter be formed for the purpose aforesaid, to purchase a quantity of land not exceeding five acres, and to erect or build thereon, such houses and buildings as they may deem necessary for the purposes aforesaid, and to make such other use of the land, and make such other improvements thereon as may be deemed necessary for the comfort and convenience of such society or congregation; and such society or congregation may assume a name and elect appoint trusor appoint any number of trustees, not exceeding ten, who tees.

May elect or

Appointment how verified.

Shall have per

sion.

shall be styled trustees of such society or congregation by the name assumed, and the title to the land purchased and improvements made, shall be vested in the trustees, by the name and style assumed as aforesaid.

SEC. 2. Immediately after the election or appointment of trustees by any society or congregation as aforesaid, the persons elected or appointed, shall make a certificate, under their hands and seals, stating the date of their election. or appointment, the name of the society or congregation, and the length of time for which they were elected or appointed, which shall be verified by the affidavit of some one of the persons making the same, and shall be recorded by the recorder of the county in which such society or congregation may be formed, and the said trustees shall hold their office for and during the period stated in the certificate aforesaid. And at the expiration of their term of service and forever thereafter, at the expiration of the term of service of any trustee elected or appointed as aforesaid, the said society or congregation shall elect or appoint successors, who shall, in like manner, continue in office for such period as may be limited by the society or congregation, and a certificate of their election or appointment shall be made by the trustees whose term of service shall have expired, which shall be verified by affidavit, and recorded as provided in the election or appointment of trustees in the first instance.

SEC. 3. The trustees elected or appointed under the propetual succes- visons of this act, and their successors, shall have perpetual succession and existence, and the title to land herein authorized to be purchased, and to the buildings and improvements thereon, shall be vested in the said trustees by their assumed name, and their successors forever; and the same shall be held for the uses and purposes herein named and Their powers, no other; and such trustees shall be capable in law, to sue and be sued, implead and be impleaded, answer and be answered unto, defend and be defended, in all courts of law or equity whatsoever, in and by the name and style assumed as aforesaid; and shall have power, under the direction of the society or congregation, to execute deeds and conveyances of, and concerning the estate and property herein authorized to be held by such society or congregation; and such deeds or conveyances shall have the same effect as like deeds or conveyances made by natural persons: Provided, That no deed or conveyance shall be made of any estate held as aforesaid, so as to defeat or destroy the interest or effect of any grant, donation or bequest which may be made to any such society or congregation, but all grants, donations, and bequests shall be ap

« PreviousContinue »