and collect any installment or subscription to stock due or to become due to said companies formed under said act in like manner as other debts are now collected, and before any court having jurisdiction of the amount claimed. § 2. This act to be deemed a public act and be in force from and after its passage. APPROVED Feb. 18, 1857. AN ACT to amend an act entitled "An act to preserve the game in the ta force Feb. 18, state of Illinois,” approved February 15th, 1855. 1857. carriers. SECTION 1. Be it enacted by the people of the state of Illinois, represented in the General Assembly, That the provisions of said act shall not be construable as applica- Not to apply to ble to any warehouseman, common carrier, or other person into whose possession the animals or birds therein mentioned shall come in the regular course of his or their business for transportation or storage, whilst they are in transit through this state, from any place without this state or from any of the counties of this state excepted in said act or any other acts amendatory thereto. § 2. This act shall take effect and be in force from and after its passage. APPROVED Feb. 18, 1857. AN ACT to vacate a portion of a certain state road therein named. In force Feb. 18, 1857. McHenry and SECTION 1. Be it enacted by the people of the state of Illinois, represented in the General Assembly, That all that portion of a certain state road leading from Algonquin, in Road vacated in McHenry county, by way of Wauconda, in Lake county, to the Lake and McHenry Plank Road as lies between the public ground, in the village of Wauconda, and the Lake and McHenry Plank Road be and the same is hereby vacated. § 2. This act to be in force from and after its APPROVED Feb. 18, 1857. passage. 1857. In force Feb. 18, AN ACT to amend an act entitled "An act to amend an act establishing county courts," approved Feb. 12, 1849, and extending the jurisdiction of the county courts of the counties of Lee and Whiteside. to the county of Lee. SECTION 1. Be it enacted by the people of the state of Illinois, represented in the General Assen bly, That so much Act repealed as of an act passed by this general assembly, entitled “An act to amend an act establishing county courts," approved February 12th, A. D. 1849, and extending the jurisdiction of the county courts of the counties of Lee and Whiteside, as refers to the county court of the county of Lee, is hereby repealed: Provided, that this act shall not be construed as to repeal or in any wise affect said act so far as the county of Whiteside is concerned. § 2. This act shall take effect and be in force from and after its passage. APPROVED Feb. 18, 1857. In force Feb. 20, AN ACT to amend an act entitled "An act to provide for reducing the state debt." 1857. Surplus and Sources. SECTION 1. Be it enacted by the people of the state of Illinois, represented in the General Assemby, That any funds surplus funds which shall remain in the treasury out of the two mill tax proceeds arising from the two mill tax, authorized under other article 15th of the constitution, after the payment of the amount due on the principal of such bonds as may be presented on the first of January, annually, or from any other source of revenue, or from the funds now authorized to be invested in the purchase of state indebtedness, except such amount as may be required to meet interest, shall be apHow expended. plied and used in the purchase of indebtedness of the state bearing interest, or in the purchase of indebtedness not bearing interest, as the governor may deem for the interest of the state, in the manner and upon the terms provided for in the act entitled "An act to provide for reducing the state debt," approved Feb. 12, 1853, and an act entitled "An act to regulate payments of interest on the public debt and the purchase of state bonds," approved February 13th, 1853. APPROVED Feb. 19, 1857. AN ACT to locate a state road therein named. In force Feb. 9, 1857. appointed. SECTION 1. Be it enacted by the people of the state of Illinois, represented in the General Assembly, That James W. Keyes, N. V. Hunt and Charles W. Chatterton be and Commissioners they are hereby appointed commissioners to view, mark and locate a state road from the northern termination of Fifth street, in the city of Springfield, in the county of To locate. Sangamon, to the new bridge across the Sangamon river on the Athens road. duty. § 2. The said commissioners, or any two of them, shall, To be sworn, their before entering upon the duties assigned them by this act, take an oath before some justice of the peace in the county of Sangamon, faithfully to discharge the duties required of them by this act, and shall proceed to view, mark and locate said road eighty feet wide on the nearest and most eligible route, extending the lines of said road in the same direction northwardly and with the same bearings as said Fifth street, as far as practicable and consistent with the route of the road as herein above stated. § 3. Upon such location being made, the said commis- Make report. sioners, or any two of them, shall make a report of the same, accompanied by a plat of said road, to the county court of said Sangamon county, and said road shall be thereupon opened by said commissioners, and kept in repair in the Road opened. same manner [as] other state roads are. assessed. § 4. In estimating and assessing damages for the right of Damages, way, said commissioners, or any two of them, shall be governed by the provisions of the XCII chapter of the Revised Statutes of 1845, entitled "Right of Way." The opening of said road shall not be delayed by or on account of any appeal which may be taken from the assessment of damages under this act, but the said commissioners, or any two of them, shall immediately proceed to open said road. § 5. This act shall take effect and be in force from and after its passage. APPROVED Feb. 9, 1857. how A GENERAL ACT for the incorporation of county agricultural societies. In force Feb. 18, 1867. SECTION 1. Be it enacted by the people of the state of Illinois, represented in the General Assembly, That an agricultural society may be formed in any county of this state Societies, by the voluntary association of any number of legal voters of the same, not less than twenty, who may meet and organize for that purpose under a constitution and by-laws how may be formed Nade a body corporate. Officers. of their own construction, which they may alter and amend at pleasure, the use and benefit of the same to be alike free to every citizen of said county who is disposed to associate with them under the constitution and by-laws so provided, and in accordance with this act, upon such terms as may be prescribed. § 2. Each county society thus organized may thereupon be constituted a body corporate and politic under an appropriate name, which name, together with that of the president, secretary and treasurer, shall be recorded o n the books of the county clerk of the county wherein said society is located; whereupon said society shall be deemed legally constituted, and under this name shall be capable of contracting and being contracted with, suing and being sued, pleading and being impleaded in all courts of law Power to collect and equity in this state; and in said courts shall have power subscriptions. to sue for and collect all gratuitous subscriptions which are or may be made to such society; and may have a common seal, which they may change at pleasure; and may in their Hold real estate. Corporate name acquire, by purchase or otherwise, and hold real estate for the use and to promote the objects of the society, not exceeding in quantity at any time five hundred acres. Provisions of 3d section appli §3. Any person who shall, without the permission of the officers of the corporation, enter within any inclosure which may be used by such corporation for an agricultural or mechanical fair, and any person guilty of disorderly conduct or such as may interrupt or be prejudicial to the interest of said fair, show or exhibition, whether inside the inclosure for the same, or at any distance within two hundred yards of such inclosure, shall be liable to immediate arrest and to the payment of five dollars to the corporation, to be recoverable at suit of said corporation in action for debt, before any justice of the peace or other court in this state. § 4. The provisions of the third section of this act are cable to other hereby made applicable and legally available to all agricultural societies within the state, whether incorporated or unincorporated, and which desire to take the benefit of the Societies. same. § 5. AN ACT regulating practice in courts in certain cases. In force April 20. 1857. opinions of the courts, &c., al SECTION 1. Be it enacted by the people of the state of Illinois, represented in the General Assembly, That exceptions taken to opinions or decisions of any court in Exception to the this state, overruling motions in arrest of judgment for new trials, or for continuances or change of venue shall be allowed in criminal cases and in penal and quitam actions; and the party excepting to such decisions may assign the same for error, in the same manner as in civil cases. Iwed in criminal cases. how applied. § 2. That section one hundred and fifty-three (153) Certain sectiona of the criminal code shall not apply to cases of sale of properly on a credit; and that section one hundred and fifty-two (152) shall apply only to representations which shall have been reduced to writing and signed by the party to be charged thereby, prior to the obtaining of such credit. sues out of any other than so premne court. § 3. In all cases where a writ or process shall issue out where writ of any court other than the supreme court, and shall be directed to any other county than that in which it shall be returnable, and on which process special bail may be entered, the officer executing such writ may receive as special bail a householder or householders of sufficient Special bail. property, resident in his county.. is entered by § 4. Whenever execution shall issue upon any judg- where judgment ment obtained by confession, or warrant of attorney, upon confession. any demand which shall not be due at the time of the entering of such judgment, any defendant or defendants may stay proceedings, by injunction issued out of the cir- Stay proceedings cuit court of the county to which such execution shall have been directed, until the said demand shall have become due: Provided, that the party seeking such injunction shall Provisɔ. give bond as now required by law in cases of injunction. ministed cats. § 5. In any and all cases where the sheriffs shall be sheriff may adby law required to take bail upon any writ or process, such sheriff shall have the power to administer oaths and to examine the person or persons offered as bail touching his or her sufficiency. § 6. The passage of this act shall not abate any prosecution now pending in any court of this state. APPROVED Feb. 18, 1857. |