the seal of his office, shall be received in evidence in the same manner and with the like effect as the originals. [L. 1869, p. 399, § 1.

8. TO CERTIFY LAWS EVIDENCE.] § 8. In the publication of the laws of this state, or the resolutions or journals of the general assembly, the secretary of state shall cause to be published in each volume a general certificate to the effect that the same as contained in such volume are true copies of the laws, resolutions or journals of the general assembly, as the case may be, on file in his office; and each volume so certified shall be received as evidence in all courts and places. [See "Evidence and Depositions," ch. 51, § 10. L. 1867, p. 142, §1; L. 1871-2, p. 618, § 23.

9. HOW ACT PASSED OVER VETO CERTIFIED.] § 9. Whenever any bill, which shall have passed both houses of the general assembly, shall be returned by the governor, with his objections thereto, and, upon reconsideration, shall pass both houses by the constitutional majority, it shall be authenticated as having become a law, by a certificate thereon, to the following effect, viz: "This bill having been returned by the governor, with his objections thereto, and after reconsideration having passed both houses by the constitutional majority, it has become a law this .... day of .... A. D...." Which, being signed by the president of the senate and speaker of the house of representatives, shall be deemed a sufficient authentication thereof, and the bill shall, thereupon, be deposited with the laws in the office of the secretary of state.

10. HOW ACT NOT SIGNED OR VETOED CERTIFIED.] § 10. Whenever any bill which shall have passed both houses of the general assembly, and shall not be returned by the governor, or filed with his objection in the office of the secretary of state, as required by section sixteen (16), of article five (5), of the constitution, it shall be the duty of the secretary of state to authenticate the same by a certificate thereon, to the following effect, as the case may be, viz: "This bill having remained with the governor ten days, Sundays excepted, the general assembly being in session, (or the governor having failed to return this bill to the general assembly during its session, and having failed to file it in my office, with his objections, within ten days after the adjournment of the general assembly,) it has thereby become a law. Witness my hand this .... day of... A. D..........” [§ 11, repeal, omitted; see "Statutes," ch. 131, § 5.]

AN ACT to revise the law in relation to sheriffs. [Approved January 27, 1874. In force July 1, 1874.] 1. COMMISSION.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That every sheriff shall be commissioned by the governor; but no commission shall issue except upon the certificate of the county clerk of the proper county, of the due election or appointment of such sheriff, and that he has filed his bond and taken the oath of office, as hereinafter provided. [R. S. 1845, p. 514, § 1.

2. BOND.] § 2. Before entering upon the duties of his office, he shall give bond, with two or more sufficient sureties, to be approved by the judge of the county court of his county, in the penal sum of $10,000 (except that the bond of the sheriff of Cook county shall be in the penal sum of $100,000, and to be approved by the judges of the circuit court,) payable to the People of the State of Illinois, conditioned that he will faithfully discharge all the duties required, or to be required of him by law, as such sheriff; which bond shall be entered at large upon the records of the county court, and filed in the office of the county clerk of his county. [See "Official Bonds," ch. 103, § 4. R. S. 1845, p. 514, § 2, 3.

3. OATH.] $3 He shall also, before entering upon the duties of his office, take and subscribe the oath or affirmation prescribed by section 25, article 5, of constitution, which shall be filed in the office of the county clerk of his county. [R. S. 1845, p. 514, § 2, 3.

4. FAILURE TO GIVE BOND OR TAKE OATH.] § 4. If any person elected or appointed to the office of sheriff, of any county, shall fail to give bond or take the oath required of him, within twenty days after he is appointed or declared elected, the office shall be deemed vacant. [R. S. 1845, p. 514, § 4.

5. COPIES OF BOND, ETC., EVIDENCE. § 5. Copies of such bonds, certified by the county clerk, or of the said record thereof, certified by the clerk of the county court, shall be received as evidence. [R. S. 1845, p. 514, § 3.

6. SUIT ON BOND.] § 6. If any sheriff neglects or refuses to pay over any money collected by virtue of any execution, fee bill or process, to the person entitled to receive the same, or neglects any duty of his office, to the injury of any person, such person may prosecute the bond of the sheriff, in the name of the People of

the State of Illinois, for his use, at his cost, and like proceedings shall be had thereon as upon other bonds for the performance of covenants. [R. S. 1845, p. 516, § 15.

7. DEPUTIES.] $7. Each sheriff may appoint one or more deputies, not exceeding the number allowed by rule of the circuit court of his county, and take bond or security from the same for his indemnity. [See "Const.," art. 10, § 9. R. S. 1845, p. 515, § 10.

8. APPOINTMENT IN WRITING.] § 7. Such appointment shall be in writing, signed by the sheriff. [R. S. 1845, p. 515, § 10.

9. OATH OF DEPUTY.] § 9. Each deputy shall, before entering upon the duties of his office, take and subscribe an oath or affirmation, in like form as is required of sheriffs, which shall be filed in the office of the county clerk. [R. S. 1845, p. 515, § 10.

10. SPECIAL DEPUTY.] § 10. A sheriff may appoint a special deputy to serve any summons issued out of a court of record, by indorsement thereon, substantially as follows: "I hereby appoint .. my special deputy, to serve the within writ;" which shall be dated and signed by the sheriff. [L. 1869, p. 399, § 1.

11. RETURN BY SPECIAL DEPUTY.] § 11. Such special deputy shall make return in the time and manner of serving such writ, under his oath, and for making a false return he shall be guilty of perjury, and punished accordingly. [L. 1869, p 399, § 2, 3.

12. POWERS OF DEPUTIES.]

§ 12. Deputy sheriffs, duly appointed and qualified, may perform any and all the duties of the sheriff, in the name of the sheriff, and the acts of such deputies shall be held to be the acts of the sheriff. [R. S. 1845, p. 515, § 10; L. 1869, p. 399, § 2.

13. SHERIFF LIABLE FOR DEPUTY.] § 13. The sheriff shall be liable for any neglect or omission of the duties of his office, when occasioned by a deputy, in the same manner as for his own personal neglect or omission. [R. S. 1845, p. 515, § 10.

14. SHERIFF CUSTODIAN OF COURT HOUSE, ETC.] § 14. He shall have the custody and care of the court house and jail of his county, except as is other wise provided. [R. S. 1845, p. 515, § 7.

15. DUTY OF SHERIFFS.] § 15. Sheriffs shall serve and execute, within their respective counties, and return all writs, warrants, process, orders and decrees of every description that may be legally directed and delivered to them. [R. S. 1845, p. 515, § 5.

16. PENALTY.] § 16. The disobedience of any sheriff to perform the command of any writ, warrant, process, order or decree legally issued to him, shall be deemed a contempt of the court that issued the same, and may be punished accordingly; and he shall be liable to the party aggrieved for all damages occasioned thereby. [R. S. 1845, p. 515, § 5.

17. CONSERVATOR OF THE PEACE.] § 17. Each sheriff shall be conservator of the peace in his county, and shall keep the same, suppress riots, routs, affrays, fighting, breaches of the peace, and prevent crime; and may arrest offenders on view, and cause them to be brought before proper inagistrates for trial or examination. [See "Criminal Code," ch. 38, § 253, 340. R. S. 1845, p. 515, § 6.

18. POSSE COMITATUS.] § 18. To keep the peace, prevent crime, or to execute any writ, warrant, process, order or decree, he may call to his aid, when necessary, any person or the power of the county. [See "Criminal Code," ch. 38, § 245. R. S. 1845, p. 515, § 5.

19. TO ATTEND COURTS.] § 19. Each sheriff shall, in person or by deputy, attend upon all courts of record held in his county when in session, and obey the lawful orders and directions of the court. [See "Courts," ch. 37, § 11, 178, 198. R. S. 1845, p. 515, § 7.

20. DISABILITY.] § 20. No sheriff or deputy sheriff shall be eligible to the office of county treasurer, nor shall any county treasurer be permitted to act as deputy sheriff. [R. S. 1845, p. 516, § 12.

21. NOT TO PRACTICE AS ATTORNEY, NOR BE SECURITY.] § 21. No sheriff or deputy sheriff shall appear in any court as attorney or counsel for any party, or become security for any person in any civil or criminal suit or proceeding. [See "Attorneys and Counselors," ch. 13, § 10. R. S. 1845, p. 74, § 8.

22. NOT TO PURCHASE PROPERTY.] § 22. No sheriff or deputy sheriff shall become the purchaser, nor procure any other person to become the purchaser for him, of any property, real or personal, by him exposed to sale, by virtue of any execution or other process; and all such purchases made by any sheriff or deputy sheriff, or by any other person in his behalf, shall be absolutely null and void. [R. S. 1845, p. 516, § 11.

23. PENALTY FOR NEGLECT TO PAY OVER.] § 23. If any sheriff unreasonably neglects to pay any money collected by him on execution, fee bill or process, when demanded by the person entitled to receive the same, he may be proceeded against in the court from which the execution, fee bill or process issued, as for a contempt; and he shall also forfeit to the person injured five times the lawful interest of the money, from the time of the demand until paid, which may be recovered by action upon his bond, or against the sheriff alone, in any court of competent jurisdiction. [See "Criminal Code," ch. 38, § 215. R. S. 1845, p. 516, § 15.

24. DELIVERY TO SUCCESSOR.] § 24. When a sheriff goes out of office he shall deliver to his successor all writs, process, papers and property attached or levied upon, except such as he is authorized by law to retain, and also the possession of the court house and jail of his county, and shall take from his successor a receipt, specifying the papers and property so delivered over, and the prisoners in custody, if any-which receipt shall be sufficient indemnity to the person taking the same. [See "Criminal Code," ch. 38, § 216. R. S. 1845, p. 515, § 8.

25. TO COMPLETE COLLECTION OF EXECUTIONS, ETC.] § 25. Every sheriff going out of office at the expiration of his term, and having any execution or fee bill which he may have levied but not collected, or any tax list uncollected and which he is authorized to collect, may proceed and collect the same in the same manner as if his term of office had not expired. [R. S. 1845, p. 515, § 9.

26. VACANCY.] § 26. In case of a vacancy in the office of sheriff, every deputy in office under him having a writ or process in his hands at the time such vacancy happens, shall have the same authority and be under the same obligation to serve, execute and return the same as if the sheriff had continued in office. [§ 27, repeal, omitted; see "Statutes,” ch. 131, § 5.]

SECTION

CHAPTER 126.

SLANDER AND LIBEL.

1. Accusing of fornication or adultery slander. 2. Accusing of false swearing, etc., slander.

! SECTION

3. Proof of malice.

AN ACT to revise the law in relation to slander and libel. [Approved March 23, 1874. In force July 1 1874.]

1. ACCUSING OF FORNICATION OR ADULTERY SLANDER.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That if any person shall falsely use, utter or publish words, which, in their common acceptation, shall amount to charge any person with having been guilty of forni cation or adultery, such words so spoken shall be deemed actionable, and he shall be deemed guilty of slander. [R. S. 1845, p. 521, § 1.

2. ACCUSING OF FALSE SWEARING, ETC., SLANDER.] § 2. It shall be deemed slander, and shall be actionable, to charge any person with swearing falsely, or with having sworn falsely, or for using, uttering or publishing words of, to or con cerning any person, which, in their common acceptation, amount to such charge, whether the words be spoken in conversation of, and concerning a judicial proceeding, or not. [R. S. 1845, p. 521, § 2.

3. PROOF OF MALICE.] § 3. In actions for slander or libel, an unproved allegation of the truth of the matter charged shall not be deemed proof of malice, unless the jury, on the whole case, find that such defense was made with malici ous intent. And it shall be competent for the defendant to establish the truth of the matter charged by a preponderance of testimony.