of the peace to take the custody and control of such poor person, and shall further order and direct said defendant to pay such sum of money weekly to such supervisor or justice of the peace as, in the opinion of said court, is necessary to support properly such insane or idiot poor person, in a manner suitable to the condition of such insane or idiot poor person, taking into view the ability of the defendant to furnish such support, and shall also order said defendant to pay the costs of the trial; and such order of the court shall be a lien on all the real estate of such defendant in the county; and upon the failure of said defendant to pay any weekly installment required by such order, then execution shall issue for the collection of all such sums as may be in arrear and unpaid at the time of issuing such execution, which execution shall be collected in the same manner as other executions issuing out of said court.

4. The successor of any such supervisor or justice of the peace shall have the custody and control of such insane or idiot pauper, and shall receive from such defendant such weekly installments for the support of such insane or idiot pauper; and in case such defendant shall refuse to pay the same, he may enforce collection by causing execution to be issued on such order; and all sums paid by such defendant by virtue of said order shall be applied to the support of such pauper.

§ 5.
This act shall be in force from and after its passage.
APPROVED March 29, 1869.

In force March AN ACT to amend chapter eighty-three of the Revised Statutes of 1845, 26, 1869.

Plaintiff

may

entitled "Practice."

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That in all actions now pending or hereafter to be brought against one Join new parties or more defendants, and the plaintiff, pending such suit, shall discover that any other person or persons is or are liable with the defendant or defendants in such suit, it shall be lawful for the plaintiff to amend his pleadings so as to include such person or persons in said suit, and to cause a summons to issue against such person or persons, as now provided by law against defendants; and such person or persons so made defendant or defendants shall be subject to the same rules, and be required to appear and answer as fully, as if originally made a party or parties to such suit. § 2. In all actions brought against several defendants, how given. where the plaintiff shall fail to establish his case against any

Judgment

one or more defendants who shall put their joint liability in issue by proper pleading, as now required, judgment shall be given in favor of such defendant or defendants, but the plaintiff shall, notwithstanding, be entitled to judgment against such other defendant or defendants as may have made the contract sued on: Provided, that this section shall only apply to written contracts when the execution of the instrument sued on shall be put in issue by plea or pleas.

3. This act shall be in force from and after its passage. APPROVED March 26, 1869.

AN ACT to amend chapter eighty-three of the Revised Statutes, entitled In force March

"Practice."

5, 1869.

If party or

member of the

bly, suit to be

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That in all suits at law or in equity, pending in any court of this state at any time when the general assembly is in session, it shall counsel is be a sufficient cause for a continuance if it shall appear to general assemthe court, by affidavit, that any party applying for such discontinued. continuance, or any attorney, solicitor or counsel of such party, is a member of either house of the general assembly, and in actual attendance upon the session of the same, and that the attendance of such party, attorney, solicitor or counsel in court is necessary to a fair and proper trial of such suit; and on the filing of such affidavit, the court may continue such suit; and when so continued, no trial or other proceedings shall be had therein until the adjournment of the general assembly, nor within ten days thereafter. Such affidavit shall be sufficient if made at any time during the session of the general assembly, showing that at the time of the making of the same, such party, attorney, solicitor or counsel is in actual attendance upon such session of the general assembly.

§ 2. This act shall not apply to cases of application for continuance by reason of the absence of any attorney, solicitor or counsel who shall not have been actually employed in such suit prior to the commencement of such session of the general assembly: Provided, that this act shall not apply to the practice in the supreme court.

83. This act shall take effect from and after its passage. APPROVED March 5, 1869.

In force March 29, 1869.

AN ACT to amend chapter 88 of the Revised Statutes.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That no When party party shall be liable for the insufficiency of any replevin not liable for bond taken and returned by him in his official capacity, plevin bond. unless such bond was insufficient when returned, or unless suit shall be instituted against him within three years after the cause of action shall have accrued.

insufficient re

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

after its passage.

APPROVED March 29, 1869.

In force Apri AN ACT to amend section 134 of chapter 109, of the Revised Statutes of 8, 1869.

Real mortgaged

or

leased by guardian.

1845.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That secestate tion 134, chapter 109, of the Revised Statutes of 1845, entitled "Wills," be and the same is hereby amended so as to read as follows: Real estate may be mortgaged in fee or for a term of years, or leased by executors or guardians: Provided, that the term of such lease or the time of the maturity of the indebtedness secured by such mortgage shall not be extended beyond the time when the heirs or wards entitled to such estate shall attain the age of twenty-one years, if a male, or eighteen years if a female. And, provided, also, this act shall not be so construed as to authorize any such mortgage or lease except in pursu ance of the order of the court as provided in section 135 of said chapter.

Guardian

mortgages, how foreclosed.

Strict foreclosure pro

hibited.

§ 2. Foreclosures of mortgages authorized by this act shall only be made by petition to the county court of the county in which the premises, or a major part thereof, are situated, and any sale made by virtue of any order or decree of foreclosure, may, at any time before confirmation, be set aside by the court for inadequacy of price or other good cause, and shall not be binding upon the executor or guardian until confirmed by the court.

3. No decree of strict foreclosure shall be made upon any such mortgage, but redemption shall be allowed as is now provided by law in cases of sales under executions issued upon common law judgments.

4. This act shall take effect and be in force from and

after its passage.

APPROVED April 8, 1869.

AN ACT to amend chapter [109] of the Revised Statutes, entitled "Wills. In force March

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the widow of a deceased person shall be entitled to receive what is known as the widow's award, whether her husband died testate or intestate, and the same shall be considered and classed as number one preferred.

§ 2. This act shall take effect from and after its passage, and all acts or parts of acts in conflict with this act, are repealed.

APPROVED March 31, 1869.

31, 1869.

RIGHT OF WAY.

AN ACT to amend an act entitled "An aet to amend the law condemning In 'force March right of way for purposes of internal improvement," approved June 22, 1852.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the proviso at the end of section five of "An act amending the law condemning right of way for purposes of internal improvement," approved June 22, 1852, and sections nineteen and twenty of the same act, be and the same are hereby repealed.

2. The provisions of this act and of the act to which this is an amendment, shall apply to all proceedings for the condemnation of lands by any railroad company heretofore incorporated, or which may hereafter be incorporated, except such proceedings as have been already commenced and are now pending.

$3.

sage.

This act shall be in force from and after its pas

APPROVED March 8, 1869.

8, 1869.

ROADS, PUBLIC.

In force March AN ACT concerning the locating, laying out and opening of public roads.

on

25, 1869.

railroad

companies.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That in addiNotice served tion to the notices now required by law in proceedings for locating, laying out and opening of public roads, similar notices shall be served upon any railroad company across or alongside of whose railroad it may be proposed to locate a public road: Provided, this act shall not apply to the proceedings for opening streets in towns and cities.

Upon whom served.

§ 2. The notices, as required by this act, shall be served upon the station agent of any such railroad company nearest to the proposed location of such projected public road. § 3. This act shall take effect and be in force from and after its passage.

APPROVED March 25, 1869.

In force March AN ACT to permit the planting of shade and ornamental trees along pub25, 1869.

lic roads.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That it shall be lawful for owners or occupants of lands, bordering upon any public road in this state, to plant shade and ornamental trees along and in such road, at a distance not exceeding one-tenth of the legal width of the road from its margin. § 2. This act shall be deemed a public act, and be in force from and after its passage.

APPROVED March 25, 1869.

In force March 30, 1869..

AN ACT to amend the road law so far as it relates to the county of

Grundy.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That, hereafter, all taxes levied by [the] county authority or by the