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annual settlement, account for and pay over the same to the state treasurer. When any county clerk goes out of office, having any number of such volumes in his office, he shall deliver them to his successor in office, taking his receipt therefor in duplicate, one of which he shall send to the secretary of state, and the other to the auditor of public accounts, which shall discharge him from any fur ther accountability for the same.

16. EDITOR MAY USE ENROLLED LAWS, ETC.] § 10. The secretary of state shall allow said editor access to the enrolled laws in his office, and the use of such papers and books in his office as the editor may require in the performance of his duties in compiling, editing and superintending the publication of said statutes.

17. PUBLICATION OF SESSION LAWS.] § 11. As soon as it can be ascertained with certainty what acts passed by this general assembly are included in the Revised Statutes herein provided for, the secretary of state shall have printed, in pamphlet form, eight thousand copies of all the acts of this general assembly not included in the Revised Statutes, and none of those published in said Revised Statutes shall be published therein; which edition shall be printed and distri buted, as nearly as may be, as provided by law, and shall be in lieu of the publication of the laws of this general assembly provided for by general law. The session laws of the twenty-eighth general assembly shall not be published, except as herein provided.

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AN ACT to revise the law in relation sureties. [Approved February 27, 1874. In force July 1, 1874.] 1. SURETY MAY COMPEL DILIGENCE BY CREDITOR.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That when any person bound as surety for another for the payment of money, or the performance of any other contract in writing, apprehends that his principal is likely to become insolvent or to remove from the state, without discharging the contract, if a right of action has accrued on the contract, he may, by writing, require the creditor forthwith to sue upon the same; and unless such creditor shall within a reasonable time, and with due diligence, commence suit thereon, and prosecute the same to final judgment and execution, the surety shall be discharged; but no such discharge shall in any case affect the rights of the creditor against the principal debtor. [R. S. 1845, p. 493, § 1.

2. ACT EXTENDS TO HEIRS, ETC.-NOT TO OFFICIAL BONDS.] § 2. The provisions of this act shall extend as well to the heirs, executors and administrators of the surety, as to the heirs, executors, administrators and assigns of the creditor, but shall not extend to the official bonds of public officers, executors, administrators, guardians or conservators. [R. S. 1845, p. 493, § 2; p. 494, § 3.

3. WHEN PRINCIPAL MAKER DIES-DILIGENCE AGAINST ESTATE.] §3. Whenever the principal maker of any note, bond, bill or other instrument in writing shall die, if the creditor shall not, within two years after the granting of letters testamentary or of administration, present the same to the proper court for allowance, the sureties thereon shall be released from the payment thereof to the extent that the same might have been collected of such estate if presented in proper time; but this section shall not be construed to prevent the holder of any such instrument from proceeding against the sureties within said two years. [L. 1869, p. 305, § 1.

4. SURETY NOT TO PREJUDICE PRINCIPAL.] § 4. No surety, his heir, executors or administrators, shall be allowed to confess judgment or suffer judgment to go by default, so as to distress his principal, if the principal will enter himself as defendant to the suit, and tender to the surety, his heirs, executors or administrators, sufficient counter security, to be approved by the court before which the suit is pending. [R. S. 1845, p. 494, § 7.

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AN ACT to revise the law in relation to county surveyors, and the custody of the United States field notes. [Approved March 2, 1874. In force July 1, 1874.]

1. OATH.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That every county surveyor shall, before entering upon the duties of his office, take and subscribe, and file in the office of the county clerk, the following oath:

I do solemnly swear (or affirm, as the case may be) that I will support the constitution of the United States and the constitution of the state of Illinois, and that I will faithfully discharge the duties of the office of county surveyor according to the best of my ability.

[See Const., art. 5, § 25; R. S. 1845, p. 524, § 3.

2. DEPUTIES.] § 2. He may appoint one or more deputies, for whose official acts he shall be responsible, who, having taken the oath required of a surveyor, may perform any of the duties pertaining to the office of county surveyor, and any acts done by any such deputy shall be as valid as if done by the county sur veyor. [R. S. 1845, p. 524, § 5.

3. CHAINMEN, ETC.] § 3. The necessary chain men and other persons must be employed by the person requiring the survey done, unless otherwise agreed, but the chainmen must be disinterested persons, and approved of by the surveyor, and sworn by him to measure justly and impartially to the best of their knowl edge and ability. [R. S. 1845, p. 524, § 6.

4. SURVEYOR TO MAKE SURVEYS.] § 4. It shall be the duty of the county surveyor, either by himself or his deputy, to make all surveys that he may be called upon to make within his county, as soon as may be after application is made. [R. S. 1845, p. 524, § 4.

5. COUNTY TO PROCURE FIELD NOTES-DEPOSIT OF SAME-SURVEYS.] § 5. The county board of each county which has not heretofore procured a copy of the original field notes and plats of the United States surveys of the lands in such county, shall procure such copies from the custodian of the originals of such field notes and plats at the cost of the county. The copies of such field notes and plats which have been or shall be procured hereafter by any county shall be deposited and kept in the office of the recorder of the county, and be at all reasonable times subject to examination by all persons who may desire to examine the same. The county surveyor shall make all surveys, either by himself or deputies, in accordance with the original surveys and the laws of the United States governing surveys. [R. S. 1845, p. 524, § 7.

6. CORNERS-COPY OF FIELD NOTES AND SURVEYS.] § 6. For the purpose of perpetuating every survey, he shall establish the corners by taking bearing trees and noting particularly their course and distance, and where there are no

trees within a reasonable distance the corners shall be marked by stones firmly placed in the earth, or, when that is not practicable, by mounds. He shall also, when requested, furnish the person for whom the survey is made a copy of the original field notes and plat of the survey. [R. S. 1845, p. 524, § 7.

7. SURVEYOR'S RECORD-EVIDENCE.] § 7. Every county surveyor shall provide himself with a well-bound book, in which he shall carefully and legibly record and note down every survey made by him, giving the date of the survey, the name of the person whose land is surveyed, the metes and bounds of the land as near as practicable, and the data on which the survey was made. Such record shall be subject to the inspection of every person who may think himself interested, and a certified copy thereof, under the hand of the surveyor, or any successor in office, shall be prima facie evidence of the facts therein stated. [R. S. 1845, p. 524, § 7.

8. SURVEYS NOT CONCLUSIVE.] § 8. No act or record by any surveyor, or his deputy, as aforesaid, shall be conclusive, but may be reviewed by any competent tribunal in any case where the correctness thereof may be disputed. [R. S. 1845, p. 524, § 8.

9. DELIVERY TO SUCCESSOR.] § 9. It shall be the duty of every county surveyor, or other person having the official record of such surveyor in his possession, to deliver up the said record to his successor, whenever he may be applied to for that purpose; and every person, who, having possession thereof, will refuse to deliver the same to such successor, when demanded, shall forfeit and pay $150 for every day he may detain it after demand, to be recovered by any person who will sue for the same before any justice of the peace of the proper county, one-half to the use of the person suing, and the other half to the use of the county. [See "Crim. Code," ch. 38, § 216. R. S. 1845, p. 524, § 8.

10. UNITED STATES FIELD NOTES.] § 10. As soon as the present custodian of the original field notes of the United States surveys, transferred from the United States surveyor general's office to this state pursuant to act of congress, shall complete the copying thereof pursuant to law, and the new state house is ready for occupation by the state officers, said custodian shall deposit said field notes, and the said copies, and all papers and documents pertaining thereto, in the office of the auditor of public accounts, and thereupon the office of said custodian shall cease, and said field notes and copies shall be and remain in the custody of the auditor of public accounts, and copies thereof made and certified by him, under his official seal, shall be competent evidence.

SWAMP LANDS.

The original act upon this subject (L. 1852, p. 178,) has been frequently amended. A large number of the amendatory acts are purely local, and taken together are quite voluminous. Few of the lands remain undisposed of by the counties to which they were granted. It is not probable that it would have proved satisfactory to have given the acts which are general in their terms, without also giving those which are local. For these reasons all are omitted. The county boards of the counties not under township organization are made successors to the county courts in all county affairs, and all the powers bestowed upon the county courts with reference to these lands can be exercised by the county boards. [See "Counties," ch. 34, § 46, p. 310.

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AN ACT to revise the law in relation to telegraph companies. [Approved March 24, 1874. In force July 1, 1874.) 1. ACT APPLIES TO ALL TELEGRAPH COMPANIES.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That every company heretofore incorporated under any general or special law, or which may be incorporated under any general law of this state for the construction or operation of any telegraph line through or in this state, shall possess the powers and privileges and be subject to the duties, restrictions and liabilities prescribed in this act.

2. EMINENT DOMAIN.] § 2. Every such company may enter upon any lands for the purpose of making surveys and examinations with a view to the erection of any telegraph line, and take and damage private property for the erection and maintenance of such lines, and may, subject to the provisions contained in this act, construct lines of telegraph along and upon any railroad, road, highway, street or alley, along or across any of the waters or lands within this state, and may erect poles, posts, piers or abutments for supporting the insulators, wires and other necessary fixtures of their lines, in such manner and at such points as not to incommode the public use of the railroad, highway, street or alley, or interrupt the navigation of such waters. [L. 1849, p. 188, § 5.

3. HOW COMPENSATION MADE.] § 3. When it shall be necessary, for the construction, alteration or repair of any line of telegraph, to take or damage any property, the same may be done and the compensation therefor ascertained and made in the manner which may be at that time provided by law for the exercise of the right of eminent domain. [See "Eminent Domain," ch. 47. L. 1849, p. 188, § 6.

4. CONSENT NECESSARY TO ERECT POLES, ETC., ON ROADS, STREETS, ETC.— RECORD-ALTERATION.] § 4. No such company shall have the right to erect any poles, posts, piers, abutments, wires or other fixtures of their lines along or upon any road, highway, or public ground, outside the corporate limits of a city, town or village, without the consent of the county board of the county in which such road, highway, or public ground is situated, nor upon any street, alley, or other highway or public ground, within any incorporated city town or village, without the consent of the corporate authorities of such city, town or village. The con sent herein required must be in writing, and shall be recorded in the recorder's office of the county. And such county board, or the city council, or board of trustees of such city, town or village, as the case may be, shall have power to direct any alteration in the location or erection of any such poles, posts, piers or abutments, and also in the hight of the wires, having first given the company or its agent opportunity to be heard in regard to such alteration.

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