deputy or other person performing the duties of such officer, either generally or in special cases; and the words "county clerk shall be held to include clerk of the county court, and the words "clerk of the county court" to include “county clerk.”

Ninth-Words purporting to give a joint authority to three or more public officers or other persons shall be construed as giving such authority to a majority of such officers or persons.

Tenth-The word "month" shall mean a calendar month, and the word "year" a calendar year, unless otherwise expressed; and the word "year" alone, shall be equivalent to the expression “year of our Lord." Eleventh-The time within which any act provided by law is to be done shall be computed by excluding the first day and including the

last, unless the last day is Sunday, and then it also shall be [*1012]

excluded.

Twelfth-The word "oath" shall be deemed to include an affirmation, and the word "sworn shall be construed to include the word "affirmed."

Thirteenth-The word "wills" includes codicils.

Fourteenth-The word "State," when applied to different parts of the United States, may be construed to include the District of Columbia and the several territories, and the words "United States" may be construed to include the said district and territories.

Fifteenth-The words "written" and "in writing" may include printing and any other mode of representing words and letters; but when the written signature of any person is required by law to any official or public writing or bond required by law, it shall be in the proper handwriting of such person, or in case he is unable to write, his proper mark.

Sixteenth-The word "highway," "road' or "street" may include any road laid out by the authority of the United States, or of this State, or of any town or county of this State, and all bridges upon the same. Seventeenth-The word "heretofore" shall mean any time previous to the day on which the statute takes effect; and the word "hereafter," at any time after such day.

Eighteenth-The term laws now in force," and words of similar import, shall mean the laws in force at the time the act containing the words shall take effect.

Nineteenth-The term "court" includes justices of the peace as well as all courts of record.

[R. S. 1845, P. 472, 88 25, 27, 28, 29, 30, 31, 32, 33, 34; P. 473, $$ 35, 36; Freese v. Tripps, 70 Ill. 496; Martin v. Judd, 81 Ill. 488; Kane v. Footh, 70 Ill. 587: Fowler v. Pirkins, 77 Ill. 271; Spring v. Collector, etc., 78 Ill. 102: Cadwallader v. Harris, 76 Ill. 370; People v. Institute of Protestant, etc., 71 Ill 233; Castner v. Walrod, 83 Ill. 172; Chestnutwood v. Hood, 68 Ill. 132; Rothgerber v. DuPuy, 64 Ill. 452.

2. Construction of revised acts. § 2. The provisions of any statute, so far as they are the same as those of any prior statute, shall be construed as a continuation of such prior provisions, and not as a new

enactment.

[Roth v. Eppy, 80 Ill. 285: Hart v. People, 89 Ill. 411.

3. Repeal of repealing act not to revive. § 3. No act or part of an act repealed by the general assembly shall be deemed to be revived by the repeal of the repealing act. [R. S. 1845, p. 472, § 26; Const., art. 4, 13.

4. Rights, etc., saved-criminal cases. § 4. No new law shall be construed to repeal a former law, whether such former law is expressly repealed or not, as to any offense committed against the former law, or as to any act done, any penalty, forfeiture or punishment incurred, or any right accrued, or claim arising under the former law, or in any way whatever to affect any such offense or act so committed or done, or any penalty, forfeiture or punishment so incurred, or any right accrued, or claim arising before the new law takes effect, save only that the proceedings thereafter shall conform, so far as practicable, to the laws in force at the time of such proceeding. If any penalty, forfeiture or punishment be mitigated by any provisions of a new law, such provision may, by the consent of the party affected, be applied to any judgment pronounced after the new law takes effect. This section shall extend to all repeals, either by express words or by implication, whether the repeal is in the act making any new provision upon the same subject or in any other act.

[See § 6. R. S. 1845, P. 473, $$ 38, 39, 40, 41; Farmer v. People, 77 Ill. 322: Roth v. Eppy, 80 Ill. 283; Walker v. People, 84 11. 60; Hume v. Gossett, 43 11. 297; Town of Ottawa v. La Salle, 12 Ill. 339; Bruce v. Schuyler, 4 Gilm. 221; Board, etc. v. Campbell, 42 Ill. 490; Rawson v. Rawson, 52 Ill. 63; People v. Barr, 44 Ill. 198 Sullivan v. People, 15 Ill. 233; Dingman v. People, 51 Ill. 277; County, etc., v. Brown, 13 I. 207; Kelly v. People, 29 Ill. 287; Musick v. People, 40 fl. 273; Chicago v. Rumpff, 45 Ill. 91; Bacon v. Wood, 2 Scam. 265; Raplee v. Morgan, 2 Scam. 561; Edwards v. Hill, 11 Ill. 23; Conway v. Cable, 37 Ill. 82; Marsh v. Chestnut, 14 Ill. 223; Thompson v. Alexander, 11 Ill. 54; Parmelee v. Lawrence, 48 111. 331 Drake v. Latham, so Ill. 270; Chicago, etc., R. R. Co. v. Dunn, 52 Ill. 260; Jackson v. Warren, 32 Ill. 331; Drake v. Phillips, 40 Ill. 388; Hall v. Byrne, 140: Maus v. L. P. & B. R. R. Co., 27 Ill. 77; Holbrook v. Nichol, 36 III. 161; ler Co. v. Mercer Co., 4 Gilm. 24; Board, etc. v. Young. 31 Ill. 197 Burns Henderson, 20 Ill. 264; Wheeler v. Chicago, 24 Ill. 105; Turney v. Wilton, 36 11. 385; Tyler v. Tyler, 19 11. 155; Rigg v. Wilton, 13 Ill. 15; Campbell v. Quinlin, 3. 289; People v. Herr, 81 Ill. 125; County of Menard v. Kincaid, 71 I. 587; Wilson v. O. & M. Ry. Co., 64 Ill. 543 Card v. McCaleb, 69 Ill. 314; Harding v. R. R. I. & St. L. R. R. Co., 65 Ill. 98; Munson v. Crawford, 65 Il. 186: Perteet v. People, 65 Ill. 233; Andrews v. People, 75 Ill. 605; Culver v. Third Nat. Bk., 64 111. 528; Covington v. East St. Louis, 78 Ill. 548; Spring v. Collector, of Olney, 78 111. 102; Mullen v. People, 31 Ill. 444.

REPEALING ACT.

1 Scam.

Schuy

Scam.

AN ACT to repeal certain acts therein named. [Approved March 31, 1874. In force July 1, 1874.]

5. Acts repealed. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the following acts and parts of acts are hereby repealed.†

or rights

6. Rights saved. § 2. The repeal of the acts and parts of acts mentioned in the preceding section shall not affect suits pending existing at the time this act takes effect, and as to all corporations, municipal or private, heretofore formed

[*1046]

+ This section which merely repeals a large number of laws enacted from 1833 to 1873, inclusive, is omitted.

under any act of incorporation mentioned in the preceding section, such act of incorporation, and all amendments thereof, shall continue in force to the same extent and with like effect as if the same had not been repealed by this act, nor shall such repeal, as above-mentioned, be taken, construed or held to avoid or impair any grant made or right acquired, or cause of action now existing under any such acts or the amendments thereto, but as to all grants made or rights acquired or causes of action now existing, said laws shall be continued in full force and effect. And all deeds or other instruments of writing affecting real estate, which have been proved or acknowledged according to any law in force at the time such proof or acknowledgment was made, may be recorded, and the same or a certified copy of the record thereof be read in evidence, notwithstanding the repeal of such laws by this or any other act of this or the twenty-seventh general assembly. And when any limitation law has been revised by this or the twenty-seventh general assembly, and the former limitation law repealed, such repeal shall not be construed so as to stop the running of any statute, but the time shall be construed as if such repeal had not been made.

PUBLICATION OF REVISED STATUTES.

AN ACT to provide for the publication of the Revised Statutes of the State. [Approved March 30, 1874. In force July 1, 1874.]

7. Contents and title of volume. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That immediately after the close of this session of the general assembly, all the general statutes of the State which will be in force on the first day of July next, shall be compiled and published in a volume to be entitled "The Revised Statutes of the State of Illinois, A. D. 1874."

8. Annotations-additional laws. § 2. The revised acts of 1871-2 and 1873-4 shall be annotated so as to show by proper reference, the original acts and sections embraced therein. The volume shall also contain the Declaration of Independence, the act of Virginia of December 20, 1783, the deed of session of Virginia of March 1, 1784, the ordinance of July 13, 1787, the constitution of the United States and the constitutions of the State of Illinois of 1818, 1848 and 1870, the acts of congress upon the authentication of statutes, records, etc., and the transfer of cases from State to federal courts, the naturalization of aliens, ceding lands to enable the construction of the Illinois and Michigan canal, the Central railroad lands, the swamp land act of September 28, 1850, and the act relating to fugitives from justice.*

9. Publication of session laws. II. 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

88 3 to 11 of this act relate exclusively to editing, publishing and distributing the first edition of the statutes mentioned in 88 1 and 2, and are omitted as of no prac tical importance.

therein; which edition shall be printed and distributed, 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.

AN ACT to repeal an act entitled "An act in relation to certain fines and penalties in Cook county," approved February 23, 1867; in force February 23, 1867. [Approved May 31, 1879. In force July 1, 1879. L. 1879, p. 315.]

*10. Repeal act relating to Cook county. SEC. L. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That an act entitled "An act in relation to certain fines and penalties in Cook county," approved February 23, 1867, and in force February 23, 1867, be and the same is hereby repealed.

AN ACT to revise the law in relation to sureties. [Approved February 27,

force July 1, 1874.]

1. Surety may compel diligence by creditor. SEC. 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, 8 1; Bartlett v. Cunningham, 85 Ill. 22; Ward v. Stout, 32 Ill. 400; Davis Sewing Machine Co. v. Buckles, 89 III. 237; Rogers v. Trustees, 46 Ill 428; Payne v. Webster, 19 Ill. 103; Taylor v. Beck, 13 Ill. 376; Reitz v. People, 72 Ill. 435; Danforth v. Semple, 73 l. 170; Trotter v. Strong, 63 Ill. 272; Flynn Mudd, 27 Ill. 323; Walker V. Crawford, 56 Ill. 448; Kennedy v. Evans, 31 111. 258 People v. Tompkins, 74 III. 482; Villars v. Palmer, 67 Ill. 206; Wittmer v Ellison, 72 Ill. 301: Day v. Humphrey, 79 Ill. 453; Hooker v. Gooding, 86 Ill. 6o; Maher Lanfrom, 86 Ill. 513; Hall v. Hoxsey, 84 lil. 616; Glickauf v. Hirschhorn, 73 Ill. 574.

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; McHaney v. Trustees of Schools, 68 Ill. 140. 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. 1845, P. 494, § 7.

[R. S.

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. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That every county surveyor shall, be fore 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 the county surveyor according to the best of my ability.

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