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descent, before said seven years shall have expired, and who shall continue to pay the taxes, as aforesaid, so as to complete the payment of taxes for the term aforesaid, shall be entitled to the benefit of this section: Provided, however, if any person, having a better paper title to said vacant and unoccupied land, shall, during the said term of seven years, pay the taxes assessed on said land for any one or more years of the said term of seven years, then and in that case such tax-payer, his heirs and assigns, shall not be entitled to the benefit of this section.

Lands not in- $ 8. The two preceding sections shall not extend to lands or tenements owned by the United States or of this state, nor to school and seminary lands, nor to lands held for the use of religious societies, nor to lands held for any public purpose. Nor shall they extend to lands or tenements when there shall be an adverse title to such lands or tenements, and the holder of such adverse title is under the age of twenty-one years, insane, imprisoned, feme covert, out of the limits of the United States, and in the employment of the United States or of this state: Provided, such person shall commence an action to recover such lands or tenements so possessed, as aforesaid, within three years after the several disabilities herein enumerated shall cease to exist, and shall prosecute such action to judgment, or in case of vacant and unoccupied land, shall, within the time last aforesaid, pay to the person or persons who have paid the same, all the taxes, with interest thereon, at the rate of twelve per cent. per annum, that have been paid on said vacant and unimproved land.

Disabilities. § 9. If at the time when such right of entry or of action upon or for lands first accrues, the person entitled to such entry or action is within the age of twenty-one years, or if a female, of the age of eighteen years, or insane, imprisoned or absent from the United States in the service of the United States or of this state, such person or any one claiming from, by or under him, or he may make the entry or bring the action at any time within two years after such disability is removed, notwithstanding the time before limited in that behalf has expired.

In case of death during disability.

Foreclosure of mortgage.

§ 10. If the person first entitled to make entry or bring such action, dies during the continuance of any of the disabilities mentioned in the preceding section, and no determination or judgment has been had of or upon the title, right or action which accrued to him, the entry may be nade or the action brought by his heirs or any person claiming from, by or under him at any time within two years after his death, notwithstanding the time before limited in that behalf has expired.

11. No person shall commence an action or make a sale to foreclose any mortgage or deed of trust in the nature

of a mortgage unless within ten years after the right of action or right to make such sale accrues.

§ 12. The following actions can only be cominenced within the periods hereinafter prescribed, except when a different limitation is prescribed by statute.

13. Actions for slander or libel shall be commenced within one year next after the cause of action accrued.

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§ 14. Actions for damages for an injury to the person, For damages. or for falee imprisonment, or malicious prosecution, or for a statutory penalty, or for abduction, or for seduction, or for criminal conversation, shall be commenced within two years next after the cause of action accrued.

On

contracts.

§ 15. Actions on unwritten contracts, expressed or im- unwritten plied, or on awards of arbitration, or to recover damages for an injury done to property, real or personal, or to recover the possession of personal property or damages for the detention or conversion thereof, and all civil actions not otherwise provided for, shall be commenced within five years next after the cause of action accrued.

Or notes,

§ 16. Actions on bonds, promissory notes, bills of exchange, written leases, written contracts, or other evidences etc. of indebtedness in writing, shall be commenced within ten years next after the cause of action accrued; but if any payment or new promise to pay shall have been made, in writing, on any bond, note, bill, lease, contract, or other written evidence of indebtedness, within or after the said period of ten years, then an action may be commenced thereon at any time within ten years after the time of such payment or promise to pay.

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§ 17. A defendant may plead a set-off or counter claim Counter claims. barred by the statute of limitation, while held and owned by him, to any action, the cause of which was owned by the plaintiff or person under whom he claims, before such setoff or counter claim was so barred, and not otherwise : Provided, this section shall not affect the right of a bona fide assignee of a negotiable instrument assigned before due.

Action against persons out of

of action sur

§ 18. If, when the cause of action accrues against a person, he is out of the state, the action may be commenced the state. within the times herein limited after his return to the state; and if, after the cause of action accrues, he departs from and resides out of the state, the time of his absence is not part of the time limited for the commencement of the action. 19. If a person entitled to bring an action die before the When cause expiration of the time limited for the commencement thereof, vives. and the cause of action survives, an action may be commenced by his representatives after the expiration of that time, and within one year from his death. If a person against whom an action may be brought die, before the expiration of the time limited for the commencement thereof, and the cause of action survives, an action may be com menced against his executors or administrator after the ex

Foreign states.

Disabilities.

Fraudulent concealment.

Injunction.

Acts repealed.

piration of that time, and within one year after the issuing of letters testamentary or of administration.

§ 20. When a cause of action has arisen in a state or territory out of this state, or in a foreign country, and, by the laws thereof, an action thereon cannot be maintained by reason of the lapse of time, an action thereon shall not be maintained in this state.

§ 21. If the person entitled to bring an action, mentioned in the nine preceding sections, is, at the time the cause of action accrued, within the age of twenty-one years, or if a female within the age of eighteen years, or insane, or imprisoned on a criminal charge, he or she may bring the action within two years after the disability is removed.

§ 22. If a person liable to an action fraudulently con ceals the cause of such action from the knowledge of the person entitled thereto, the action may be commenced at any time within five years after the person entitled to bring the same discovers that he has such cause of action, and not afterwards.

§ 23. When the commencement of an action is stayed by injunction, order of a judge or court, or statutory prohi bition, the time of the continuance of the injunction or prohibition is not part of the time limited for the commencement of the actions.

§ 24. The following acts and parts of acts are hereby repealed, to-wit: Chapter sixty-six of the Revised Statutes of 1845, entitled "Limitations ;" an act entitled "An act to amend the sixty-sixth chapter of the Revised Statutes, entitled 'Limitations,"" approved February 10, 1849; an act entitled "An act to amend the several laws concerning limitation of actions," approved November 5, 1849; an act entitled "An act to amend the several laws in relation to limitations," approved February 17, 1851; an act entitled "An act relating to the law of limitations," approved February 19, 1859; an act entitled "An act relating to the law of limitations," approved February 21, 1861; also sections eight, nine and ten, of chapter twenty-four, of the Revised Statutes of 1845, entitled "Conveyances." But this sec tion shall not be construed so as to affect any rights or liabilities, or any causes of action, that may have accrued before this act shall take effect.

APPROVED April 4, 1872.

MARKS AND BRANDS.

AN ACT in regard to marks and brands.

In force July 1, 1872.

brand.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That every Ear mark and person in this state, who hath cattle, horses, hogs, sheep or goats, may have an ear mark and brand, and but one of each, which shall be different from the ear mark and brand of his neighbors; which ear mark and brand may be recorded by the county clerk of the county where such cattle, horses, hogs, sheep or goats shall be.

to keep record.

§ 2. It shall be the duty of the county clerks, in the County clerks respective counties of this state, to keep a well bound book, in which they shall record the marks and brands of each individual who may apply to them for that purpose; for which they shall be entitled to demand and receive the sum of fifteen cents; and the book in which the same are recorded shall be open to the examination of every citizen of the county, at all reasonable office hours, free of charge.

Disputes de

3. If any dispute shall arise about any ear mark or brand, it shall be decided by reference to the book of marks clded." and brands kept by the county clerk, but such book shall be prima facie evidence only.

and brands in presence of wit

§ 4. Any person purchasing or acquiring horses, cattle, Marks hogs, sheep or goats, when he brands or marks the same in his brand or mark, after the acquisition of the same, may do nesses. it in the presence of one or more of his neighbors, who are authorized to certify to the fact of the marking or branding being done, when done, and in what brand or mark the same were, previously, and in what brand or mark they were re-branded or re-marked. Such certificate shall not be deemed evidence of property in the animal branded, but only prima facie evidence of the facts therein certified to.

85. That chapter sixty-eight (68) of the Revised Statutes Repealed. of 1845, entitled "Marks and Brands," and all other acts in conflict with this act, are hereby repealed.

APPROVED March 29, 1872.

MASTERS IN CHANCERY.

In force July 1, 1872.

AN ACT concerning masters in chancery.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the How appointed. Several circuit courts may appoint in the respective counties in their circuits a master in chancery; the circuit court of Cook county, and the superior court of Cook county may appoint for their respective courts as many masters in chaucery as there are judges thereof. Masters in chancery shall be resident of the county for which they are appointed. § 2. The tenure of office of masters in chancery shall be two years, but they may be removed from office by the court for which they are appointed, for good cause shown.

Tenure of office.

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§ 3. When a vacancy occurs in the office of master in chancery, the court shall fill the vacancy by appointment as soon thereafter as conveniently may be.

§ 4. Every master in chancery, before entering on the duties of his appointment, shall give bond, with security to be approved by the court, and take and subscribe an oath of office which bond and oath shall be filed with the clerk of the court making the appointment, and spread upon the records thereof.

§ 5. Whenever it shall happen that there is no master in chancery in any county, or when such master shall be of counsel or of kin to either party interested, or otherwise disqualified or unable to act in any suit or matter, the court may appoint a special master to perform the duties of the office in all things concerning such suit or matter.

§ 6. Masters in chancery, in their respective counties, shall have authority to take depositions, both in law and equity, to administer oaths, to compel the attendance of witnesses, take acknowledgments of deeds and other instruments in writing; and in the absence from the county of the judge, to order the issuing of writs of habeas corpus, ne exeat and injunction, and perform all other duties which, according to the laws of this state and the practice of courts of chancery, appertain to the office.

7. Hereafter masters in chancery in their respective counties, upon application in manner as now is provided by law, to be made to the proper judge, shall have power to grant and order the issuing of writs of certiorari, to remove causes from before justices of the peace into the proper court.

$8. When any master in chancery shall die, resign his office, or be removed therefrom, or remove from the county, and shall leave any business pertaining to his office unfinished, it shall be lawful for his successor in office to do any

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