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, 88 2. 3; People v. McCormack, 68 Ill. 220; Davis v. Haydon, 3 Scam. 35; McConnell v. People, 84 111. 583; Green v. Wardwell, 17 Ill 278; Eddy v. County Com'rs of Peoria, 15 Ill. 375; People v. Palmer, 46 Ill. 398; Beveridge v. Wagner, 48 Ill. 525; Bonnell v. Bowman, 53 Ill. 460; Hargrave v. Penrod, Breese, 401; Hood v. Moore, 4 Gilm. 107. 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, SS 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; Davis v. Haydon, 3 Scam. 35; People v. Fletcher, 2 Scam. 483. 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; People v. Robinson, 89 Ill. 159. [*990] 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 "Constitution," art. 10, § 9. R. S. 1845, p. 515, § 10. 8. Appointment in writing. § 8. Such appointment shall be in writing, signed by the sheriff. [R. S. 1845, P. 515, 10; Beach v. Schmultz, 20 Ill. 190; Reed v. Moffatt, 62 Ill. 300; Reed v. Reber, 62 Ill 240; Ditch v. Edwards, 1 Scam, 127; Timmerman v. Phelps, 27 Ill. 496; Ballance v. Loomis, 22 Ill. 82; see §§ 12, 26, post. I 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; Filkins v. O'Sullivan, 79 Ill. 524; Guyman v. Burlingame, 36 Ill. 203; Dungan v. Hall, 64 Ill. 254; The Illinois L. & L. Co. v McCormick, 61 Ill. 322. 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, 88 2, 3; Edwards v. McKay, 73 Ill. 570; Coursen v. Hixon, 78 Ill. 339. 12. Powers of deputies. S 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; Village of Glencoe v. People, 78 III. 382; Zepp v. Hager, 70 Ill. 223. 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 omis sion. [R. S. 1845, p. 515, S 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 otherwise 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; Davis v. Wilson, 65 Ill. 525; Leachman v. Dougherty, 81 Ill. 325. 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 magistrates for trial or examination. [See "Criminal Code," ch. 38, §§ 253, 340; R. S. 1845, P. 515, § 6; South v. State of Maryland, 18 How. (U. S.) 396. 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. "Criminal Code," ch. 38, § 245. R. S. 1845, p. 515, § 5. [See 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 ses sion, and obey the lawful orders and directions of the court. "Courts," ch. 37, SS 11, 203, 247. R. S. 1845, p. 515, § 7. [See 20. Disability. § 20. No sheriff or deputy sheriff shall be eligible to the office of county treasurer, nor shall any county treasurer [*991] 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; Jack v. People, 19 Ill. 57. 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, 8 11; Wickliff v. Robinson, 18 Ill. 145. 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; Beaird v. Foreman, 1 Scam 40; Buckmaster v. Drake, 5 Gilm. 321; Day v. Hackney, 20 Il'. 136; People v. Wardlaw, 24 Ill. 570; Custer v. Agnew, 83 Ill. 194. 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 anywhich 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; Sierer v. Martin, 63 Ill. 290. 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. [McCluskey v. McNeely, 3 Gilm. 578; Timmerman v. Phelps, 27 Ill. 496; Banks v. Banks, 31 Ill. 164. § 27, repeal, omitted. See "Statutes," ch. 131, §15. [*992] SECTION Chapter 126. SLANDER AND LIBEL. SECTION 1. Accusing of fornication or adultery 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. SEC. 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 fornication or adultery, such words so spoken shall be deemed actionable, and he shall be deemed guilty of slander. [R. S. 1845, p. 521, § 1; Miller v. Johnson, 79 Ill. 58; Patterson v. Edwards, 2 Gilm. 720: Strauss v. Meyer, 48 Ill. 385; McClurkin v. Ewing, 42 Ill. 285: Elam v Badger, 23 Ill. 498; Hall v. Nees, 27 Ill. 411; Baker v. Young, 44 Ill. 43; Sanford v. Gaddis, 15 Ill. 229; Norton v. Gordon, 16 Ill. 38; Crotty v. Morrissey, 40 III. 477 Thomas v. Fischer, 71 Ill. 576; Barnes v. Hamon, 71 Ill. 609; Strader v. Snyder, 67 Ill. 404 Stowell v. Beagle, 79 Ill. 525: Spencer v. McMasters, 16 l. 405; Adams v. Smith, 58 Ill. 417; Beasley v. Meigs, 16 Ill. 139; Freeman v. Tinsley, 50 Ill. 497; Harbison v. Shook, 41 I 141; Thomas v. Dunaway, 30 Ill. 388; Hosley v. Brooks, 20 Ill. 115; Peltier v. Mict, 50 Ill. 511; Hatch v. Potter, 2 Gilm. 725; Flagg v. Rob erts, 67 Ill. 485; Regnier v. Cabot, 2 Gilm. 34; Sheahan v. Collins, 20 IM. 328; GAmer v. Eubank, 13 Ill. 271; Hawver v. Hawver, 78 III. 413. 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 concerning any person, which, in their common acceptation, amount to such charge, whether the words be spoken in conversation of, and concerning a judicial proceeding, of not. [R. S. 1845, P. 521, § 2; Sanford v. Gaddis, 13 Ill. 338; Harbison v. Shook, 41 Ill. 141; Crotty v. Morrissey, 40 Ill. 477; Darling v. Banks, 14 Ill. 46; Crandall v. Dawson, Gilm. 556; Stowell v. Beagle, 57 Ill. 97: Hicks v. Rising, 24 Ill. 566; Regnier. Cabot, 2 Gilm. 39; Owen v. McKean, 14 Ill. 459: Sheahan y. Collins, 20 Ill. 329 Lehning v. Hewett, 45 Ill. 23: Nelson v. Borchenius, 52 Ill. 236; Wheeler v. Shields, 2 Scam. 348; Cummerford V. McAvoy, 15 Ill. 311; Thomas v. Dunaway, 30 Ill. 373; Hosley v. Brooks, 20 Ill. 116; Freeman v. Tinsley, 50 Ill. 498; Story v. Wallace, 60 Ill. 51; Stewart v. Howe, 17 Ill. 77; Elam v. Badger, 23 Ill. 501; Gilmer v. Eubank, 13 II, 271; Spaids v. Barrett, 57 Ill. 289. 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 malicious intent. And it shall be competent for the defendant to establish the truth of the matter charged by a preponderance of testimony. Hawyer v. Hawver, 78 Ill. 412; Farnan v. Childs, 66 Il. 547; Corbley v. Wilson, 71 Ill. 209; Homes v. Homes, 64 Ill. 294; Stowell v. Beagle, 79 Ill. 525. AN ACT to establish and maintain a Soldiers and Sailors Home in the State of land and the construcIn force July 1, 1885 *1. Soldiers and Sailors Home created. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That there be and is hereby created and established a Soldiers and Sailors Home in the State of Illinois, which shall possess all the corporate and other powers, and be subject to all the rules, regulations and conditions expressed in an act entitled "An act to regulate the State charitable institutions and State reform school, and to improve their organization and increase their efficiency," approved April 15, 1875. *2. Appropriation. § 2. For the purchase of the site and the necessary land, which shall include not less than forty acres, nor more than three hundred and twenty acres, and for constructing buildings thereon for "the Soldiers and Sailors Home," and fit the said buildings for occupancy and use, there is hereby appropriated the sum of two hundred thousand ($200,000) dollars, to be paid out of any moneys in the State treasury not otherwise appropriated, as hereinafter provided. *3. Objects of home. § 3. The object of the Soldiers and Sailors Home shall be to provide a home and subsistence for honorably dis |