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' It shall be lawful for any person, residing in a foreign country, wishing to convey lands in this state, to acknowledge a deed before a mayor of a city, or a consul of the United States, residing in such country, or before the chief magistrate of such state or country; and any deed, duly authenticated by such officer, taking the same, in the manner he usually authenticates his official acts, shall be as effectual as if the deed had been acknowledged in the United States, and certified agreeably to the laws in force; and all such officers as shall so take the acknowledgment of the husband, shall have the like power to take the privy examination of the feme, and certify the same. Provided, however, That all such deeds shall be recorded within two years after the acknowledgment, or proof made by the number of witnesses required by law, in the proper office of this state, to be binding on creditors, or purchasers without notice.' s. 5.
Powers of attorney to convey lands may be acknowledged in the same manner as deeds of conveyance. s. 8.
Ch. 532.— Improvements. Seaters, or persons who have settled upon and improved lands belonging to the state, are entitled to preemption, if they choose to purchase on notice given. s. 1.
Ch. 548.—Guardians. Upon information that a guardian is mismanaging the estate of his ward, the county court shall summon such guardian to appear and settle the accounts of his ward, and they may, in the discretion of said court, continue or remove such guardian.'
Ch. 555.—An executor is authorized by an act of the legislature to convey lands in pursuance of an agreement of his testator.
At the session of the General Assembly in 1830–31, one hundred and thirty-seven acts were passed; of which one hundred and nineteen are public acts. They are published in a volume containing one hundred and seventeen pages. Twenty-four of the public acts are for the opening or changing public roads. The Treasurer's report which is attached to the volume, states the receipts into the treasury, for the two years ending November 30, 1830, to be $84,440 55.
Auctioneers. An act was passed requiring auctioneers and all venders of merchandise to take out licenses from the county court, renewable annually. Clock pedlers are to get special licenses.
Bridges. A number of acts were passed authorizing the building of bridges by individuals and public bodies. Canal. A board of commissioners, appointed by the previous
VOL. VI.-NO, XI.
general assembly, to superintend the excavation of a canal between Lake Michigan and the Illinois River, was re-organized, and some preliminary arrangements authorized ; but no efficient fund provided for carrying the work into operation.
Clerks. An act was passed requiring clerks of courts to reside at the respective county seats.
Counties. Eight new counties were established.
Court of Probate. The jurisdiction of the judges of probate was extended, so as to give them jurisdiction, concurrently with the circuit courts, in all cases, without regard to the amount in controversy, when an executor or administrator is a party defendant, and when he must necessarily be sued as such.
Education. Nothing done.
Estates of Male Convicts. An act was passed directing that the estates of male convicts confined in the Penitentiary, shall be managed by trustees, during the term of confinement.
Guardians are required, by an act of this session, to cause their wards to be educated ; and if there are no friends, or the guardian neglects to educate them, the probate court is to put them out to other persons for that purpose.
Incorporation of Towns. A general act was passed authorizing the inhabitants of any town, containing not less than 150 white male residents, to become incorporated by a vote of two thirds of the number present at a town meeting, to be called for the purpurpose; of which ten days notice shall have been previously given. At a subsequent meeting trustees are to be elected, and re-elected annually, who have the ordinary powers of such bodies ; and such corporation may be dissolved at any annual election, by a vote of two thirds of the white male residents. Six months residence entitles a person to a vote in either case. In case of dissolution, the funds, if any, go into the county treasury.
Legislature. The number of members was increased from 54 to 83, and apportioned among the counties according to the ratio of population.
Loan. The governor was authorized to borrow $100,000, to be used for the payment of the notes of the State Bank, the charter of which has expired, and for the ordinary purposes of revenue.
Matrimony. The bonds thereof were dissolved, by special act, in the cases of twenty-four couples, therein named, who had become dissatisfied with that state. Minors.
' Hereafter minors may bring suits, in all cases whatever, by any person they may select as their next friend.' The person acting as next friend is personally bound for all costs which may accrue against such minor.
Penitentiary. At a previous session the building of a Penitentiary had been authorized, and the building being now in progress, an act was passed for the regulation and government of this institution. The criminal code was modified so as to substitute confinement in the Penitentiary, in place of the punishments heretofore inflicted. On conviction, the measure of punishment heretofore fixed by the court, is to be prescribed by the jury. A warden is to be elected biennially by the legislature, who is to give bond for the faithful performance of his duties, and receive an annual salary of $600. The governor and senate appoint four inspectors every two years, who, together with the warden, constitute a board of inspectors, to whom the general supervision of the Penitentiary is entrusted. Persons under 18 years of age are not to be confined in the Penitentiary.
Reports of the Supreme Court. The governor is authorized to subscribe for 150 copies of the Reports of the Supreme Court of Illinois, which are about to be published.
School Lands. An act was passed containing a variety of provisions contemplating a sale of the school lands.
The compensation to the officers and members of the legislature for this session, was as follows: To the speakers of the senate and house of representatives, each 5 dollars per day: To the members of senate and house of representatives each 3 dollars per day, for each day of the session, and three dollars for every twenty miles travel in going to and returning from the seat of government: To the secretary of the senate, and principal clerk of the house, 5 dollars per day: To the enrolling clerks, 4 dollars per day.
The legislature of this state, at its session in January, 1830, passed fifty statutes.
Ch. 1.-Entering up Judgment on Confession-bonds. The clerks of the supreme court and the prothonotaries of the court of common pleas, on the application of any person holding a bond, in which judgment is confessed, or which contains a warrant for an attorney at law or other person to confess judgment, shall, without the agency of any attorney or declaration filed, enter judgment against the persons who executed the same, for the amount appearing on the face of the instrument to be due, with such stay of execution as may be mentioned therein, particularly entering on their dockets the date and tenor of such instrument.
Ch. 25.- Executors and Administrators. When any executor or administrator, who has been removed from his office, refuses to deliver up to his co-executor or administrator, or his successor, the books, papers, or any unadministered property in his hands belonging to the estate of the deceased, the chancellor may, on a hearing of the parties, order such executor or administrator to deliver
the same, and enforce such order by sequestration or attachment, and the chancellor may proceed in like manner against any executor or administrator of a deceased executor or administrator, who shall refuse to deliver up any such property, in his hands, belonging to the estate of the first testator or intestate.
The legislature of this state, at its session in December, 1829, passed two hundred and thirty-eight statutes, and seventy-four resolutions.
Ch. 39.- Amendment of Sheriff's Returns. Where any sheriff, coroner, or elisor, who has taken any goods, chattels, lands or tenements, by virtue of any writ of fieri facias, shall die, resign, or remove from the county, before the same are sold by virtue of said writ, and the same shall be insufficiently or informally described in the schedule returned by such officer, the county courts, or any judge thereof, during the recess of the court, are authorized and directed to amend the schedule, so as to describe with sufficient certainty such property.
Ch. 51.—Assignees of Choses in Action may sue at law in their own names, where the assignment is made in writing, reserving to the debtor all the rights of defence he might have had at the time, and before notice, of such assignment.
Ch. 197.—Militia in the City of Baltimore. In lieu of all other parades, all officers, non-commissioned officers, privates, and musicians, of the third brigade, shall meet for inspection and militia duty, once a year in the month of May.
Ch. 216.— The Guardianship of Female Minors shall cease when such minors attain the age of eighteen, or are married. s. 5.
The guardian shall, when they attain the age of eighteen, or are married, render a final account to the orphans' court, and deliver up, agreeably to the court's order, to said ward, or her husband, if she be married, all the property in his hands belonging to said ward. S. 6.
Ch. 219.--Evidence. Private laws and resolutions, published by the authority of the state, may be proved by the private statute book, in the same manner as the public laws.
Ch. 220.—Pleading. Any defendant, in an action of debt on a bond with a collateral condition, where the declaration does not disclose the particulars of the plaintiff's demand, may, with leave of court, rejoin, to any replication in such case, as many several matters as he may deem expedient.
The legislature of this state, at its session held at Raleigh, in the years 1829–30, passed one hundred and forty-nine acts.
Ch. 1.-State Bank. Its charter is extended for the term of three years, viz. from January, 1835, to January 1838, under certain limitations and provisions, for the purpose of enabling it to wind up its concerns gradually.
No new loans are to be made after 31st December, 1834. s. 2.
No new loans are to be made on accommodation paper, or notes payable at longer periods than three equal instalments of ninety days each, after the first of September, A. D. 1830. s. 3.
After 31st December, 1832, the bank is not to issue any bills under the denomination of five dollars. s. 4.
On the renewal of any debt contracted by loan or discount now existing, a greater instalment than one twentieth part of the present amount of the debt every ninety days, shall not be required, provided that said instalment be punctually paid as it becomes due, and that the officers of the bank shall always judge of the sufficiency of the securities offered, and provided that this section shall not apply to any debt which has been contracted under an engagement to be paid more speedily and by larger instalments. s. 6.
The stock of the bank may be received in payment of debts at a reasonable value, to be fixed on by the stockholders, and to be approved of by the public treasurer, and the stock so received shall be considered as extinguished, and forming no part of the capital. s. 7.
Ch. 5.—Sheriffs for each punty are to be elected by the free white men entitled to vote for members of the House of Commons.
The election is to be under the inspection of persons to be appointed by the county court at its session next before the election, and the returns are to be made to the said county court, who shall declare (at their session next after the election) the person having the greatest number of votes, to be elected. And if two or more persons shall have the greatest number of votes, and an equal number, the said court shall choose from them one to act as sheriff. s. 2.
Such elections are to take place every two years. s. 4.
person elected is required to give bonds, and in case of his failing so to do, the said court is to appoint another sheriff. s. 5.