Warrant to issue.

into the state treasury by said Akin Evans, in his life time, or by his administrators, and the sale of his lands after his death; therefore,

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That John Shirley and William C. Houston, administrators of the estate of Akin Evans, deceased, be allowed the sum of fourteen hundred and sixty-two dollars and fifteen cents, on account of said errors in extending said state tax for the years 1856 and 1857, the years for which said Akin Evans was collector.

2. That the auditor is hereby directed to draw a warrant upon the state treasurer in favor of the administrators of the estate of Akin Evans, deceased, to-wit, John Shirley and William C. Houston, for said sum of fourteen hundred and sixty-two dollars and fifteen cents.

3. This act to take effect and be in force from and after its passage.

APPROVED March 8, 1867.

REVISED STATUTES.

In force Feb. AN ACT to amend chapter seventy-nine of the Revised Statutes of 1845, 28, 1867.

Partition.

entitled "Partitions."

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That in case of sale under and by virtue of the provisions of section eleven (11) of chapter seventy-nine of the Revised Statutes of 1845, entitled "Partitions," if the widow entitled to dower in the real estate to be sold will consent to such sale she shall signify and subscribe her consent, in writing, and the same shall be filed with the clerk of the court, and thereupon the said commissioners, or other person or persons ordered to sell such real estate, shall proceed to sell the same, agreeably to the terms of the order of the court, disincumbered by any right of dower of such widow; and the court shall award to such widow such proportion of the purchase money as shall be just and equitable, not exceeding one-seventh part nor less than one-tenth part of the net amount of the sales, according to the age, health and condition of such widow; and such award of payment shall be a sufficient bar to all rights of dower which such widow may claim in said lands.

§ 2. The provisions of this act may apply to any proceedings pending and undetermined in the courts of this

state.

§ 3. This act is declared to be a public act, and shall take effect from and after its passage.

APPROVED February 28, 1867.

AN ACT to amend an act entitled "An act to amend chapter XLIII of the in force March Revised Statutes, entitled Forcible Entry and Detainer," approved May 16, 1865.

5, 1867.

[SECTION 1.] Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the Forcible entry above named act, to amend chapter XLIII of the Revised and detainer. Statutes shall extend to and embrace all leases, whether verbal or written; and if default shall be made in any verbal agreement of lease it shall have the same effect as if default had been made in any covenant contained in a written lease.

[ 2.] This act to take effect from and after its passage. APPROVED March 5, 1867.

AN ACT construing the part of section thirteen of chapter eighty-three of In force March the Revised Statutes, entitled "Practice," so far as the same relates to the continuance of causes.

6, 1867.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That from Practice. and after the passage of this act, section thirteen of chapter. eighty-three of the Revised Statutes of this state, entitled "Practice," so far as the same relates to the continuance of causes, shall be construed as follows: When an affidavit for a continuance is filed by one of the parties to a cause, on account of the absence of testimony, and such affidavit is admitted in evidence by the other party, the party admitting such affidavit shall be held to admit only that if the absent witness was present he would swear to the fact or facts which the affidavit states he will swear to, and such fact or facts shall have no greater force nor effect than if such absent witness was present and swore to the same in open court, leaving it to the party admitting such affidavit to controvert the statements contained therein, the same as if such witness was present and examined in open court.

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

APPROVED March 6, 1867.

In force March 7, 1867.

Wills.

AN ACT to amend chapter 110, Revised Statutes, entitled "Wills."

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That section 87, of chapter 110, Revised Statutes, entitled "Wills," be so amended that appraisers shall be entitled to one dollar and fifty cents per day, and that section 98, of said chapter, be so amended that a crier shall receive not more than four dollars per day.

2. This act to be in force from and after its passage. APPROVED March 7, 1867.

In force March 7, 1867.

Arson.

AN ACT to amend chapter 80 of the Revised Statutes of 1845.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That section one hundred and fifty-six, of chapter thirty, of the Revised Statutes of 1845, be so amended that any person who shall set fire to, or destroy or burn, or procure or cause to be burnt or destroyed, any barrack, cock, crib, rick or stack of hay, corn, wheat, oats, barley or other grain of any kind, or who shall willfully or maliciously destroy any other article of property not herein enumerated, and not enumerated in the section to which this is an amendment, of the value of twenty-five dollars or more, on conviction thereof, shall be punished by confinement in the penitentiary for a term of not less than one year, nor more than ten years.

§ 2. This act to take effect and be in force from and after its passage.

APPROVED March 7, 1867.

AN ACT to amend chapter thirty-six of the Revised Statutes, entitled In force March "Roads."

7, 1867.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assemby, That said Roads. road law is hereby amended, so that hereafter the county courts in counties not having adopted township organization shall have the sole power of determining the amount that each supervisor shall receive for his services in working the roads in his district, or for other services provided by law, or that may hereafter be made incumbent on said officers, and said allowance shall be made with reference to the work performed.

APPROVED March 7, 1867.

AN ACT to amend chapter thirty (30) of the Revised Statutes, entitled In force May "Criminal Jurisprudence."

9, 1867.

prudence.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That sec- Criminal juristion one hundred and fifty-three of chapter thirty of the Revised Statutes be amended so as to read as follows, to-wit: "If any person or persons shall knowingly and designedly, by any false pretense or pretenses, obtain from any other person or persons any chose in action, money, goods, wares, chattels, effects, or any valuable thing whatever, with intent to cheat or defraud any person or persons of the same, every person so offending, upon conviction thereof, shall be fined in any sum not exceeding two thousand dollars, and imprisoned not exceeding one year, and shall be sentenced to restore the property so fraudulently obtained, if it can be restored. No indictment for the obtaining of any property or thing by any false pretense or pretenses shall be quashed, nor shall any person indicted for such offense be acquitted for the reason that the facts set forth in the indictment or appearing in evidence may amount to a larceny or other felony; nor shall it be deemed essential to a conviction that the property in the goods or things so [obtained] shall pass with the possession to the person so obtaining it; but any person who shall commit an offense indictable as a misdemeanor, and also indictable as a felony may be indicted and convicted of either the felony or the misdemeanor.

APPROVED March 9, 1867.

In force March AN ACT to amend chapter ninety-three of the Revised Statutes of 1845 9, 1867. entitled "Roads."

Roads.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That whenever a public road or highway, shall pass over low or wet lands, and it shall be necessary to drain the same, in order to render the said road dry and passable, and the said road can not readily or conveniently be drained, without laying or digging a ditch or ditches, over and across the adjacent lands, it shall be lawful for the commissioners of highways or other officers whose duty it is to cause the said road to be made passable, to enter upon the said adjacent lands and construct the required ditch or ditches over and upon the same; and in case the said officer or officers shall be unable to agree with the owner or owners of such lands as to the amount of damages to be allowed and paid to such owner or owners, the same shall be fixed and ascertained in the manner appointed in section thirty-eight of the chapter to which this is an amendment and the other acts amendatory thereof, subject to the same right of appeal allowed in other cases.

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

APPROVED March 9, 1867.

SCHOOLS.

In force Feb. 16, 1867.

amble.

AN ACT to furnish information to school officers.

1

WHEREAS, a volume has been compiled and prepared, for the information and use of school officers, entitled "common And use of pre- school decisions," containing the school laws of the state, with all the important decisions of the several state superintendents of public instruction, and of the supreme court of the state in relation to schools, together with forms of all school instruments required by law, and full instructions concerning the practical duties of school officers and teachers; therefore,

Secretary of State to farnish.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the secretary of state be and he is hereby authorized and instructed to procure a sufficient number of copies of said common