dence of the facts therein stated, and if such demand is made by any person not an officer, the return may be sworn to by the person serving the same, and shall then be prima facie evidence of the facts therein stated. Which demand for possession may be in the following form:

Το

I hereby demand immediate possession of the following described premises: (describing the same)

Which demand shall be signed by the person claiming such possession, his agent or attorney.

[Nixon v. Noble, 70 Ill. 33; Huftalin v. Misner, 70 Ill. 205; Hinterberger v. Weindler, 2 Brad 407; Wheelan v. Fish, 2 Brad. 447; i Ch. L.J. 128; Dickason v. Dawson, 85 Ill. 53.

4. Growing crops. § 4. In case of forfeiture under contract of purchase, the purchaser shall be entitled to cultivate and gather the crops, if any, planted by him and grown or growing on the premises at the time of the commencement of the suit, and shall have the right to enter for the purpose of removing such crops, first paying or tendering to the party entitled to the possession a reasonable compensation for such use of the land before removing such crops.

[L. 1861, p. 176, § 1; L. 1871–2, P. 458, § 3; Simpkins v. Rogers, 15 Ill. 397.

5. Complaint - summons. § 5. On complaint in writing by the party or parties entitled to the possession of such premises being filed in any court of record, or with any justice of the peace in the county where such premises are situated, stating that such party is entitled to the possession of such premises (describing the same with reasonable certainty), and that the defendant (naming him) unlawfully withholds the possession thereof from him or them, the clerk of such court or such justice of the peace shall issue a summons directed to the sheriff or any constable of his county to execute; which summons, when issued by a justice of the peace, may be substantially in the following form:

The People of the State of Illinois, to the Sheriff or any constable of said countyGREETING:

You are hereby commanded to summon on the

day of

the complaint of

A. D.

to appear before

at

at o'clock M., to answer wherefore he unlawfully withholds from him the possession of certain premises in said county (describing the premises) and hereof make due return, as the law directs.

Given under my hand this

day of

, A. D. 18-.

[R. S. 1845, p. 257, § 2; L. 1871-2, p. 458, § 4; Schaumtoffel v. Belm, 77 Ill. 567; Center v. Gibney, 71 Ill. 557; Thompson v. Sornberger, 78 Ill. 353; Ginn v. Rogers, 4 Gilm. 131; Stolberg v. Ohnmacht, 50 III. 442; Jackson v. Warren, 32 Ill. 331; Brown v. Keller, 32 Ill. 154 House v. Wilder, 47 Ill. 510; Snowell v. Moss, 70 Ill. 314: Haskins v. Haskins, 67 Ill. 446; McKoy v. Allen, 36 Ili. 429; Spurck v. Forsyth, 40 Ill. 438; Doran v. Gillespie, 54 ill. 366; Beel v. Pierce, 11 Ill. 97.

6. Summons from court of record. § 6. When a summons is issued out of a court of record, it may be in like form as other summons issued out of such court.

returnable.

7. When the

7. Summons by justice summons is issued by a justice of the peace, it shall specify a certain place, day and hour for the trial, not less than five nor more than fifteen

days from the date of the summons. [R. S. 1845, p. 257, § 2; L. 1871–2, P. 459,

5.

8. Summons from court returnable. § 8. When the summons is issued out of a court of record, the summons shall be made returnable on the first day of the next succeeding term of said court, and if not served ten days before the first day of the next term, the cause shall be continued to the next term of court.

9. Service of summons-publication, etc. § 9. Service of summons shall be made by delivering a copy thereof to the defendant, or by leaving such copy at his usual place of abode, with some person of the family of the age of twelve years or upwards, and informing such person of the contents thereof. The manner of the service, and the date thereof, shall be indorsed on the back of said summons by the officer serving the same. When service cannot be had as provided in this section, and it shall appear by affidavit or the return of the officer that the defendant is not a resident of this State, or has departed from this State, or on due inquiry cannot be found, or is concealed within this State so that process cannot be served upon him, then, if the suit is in a court of record, service may be had by notice as in case of attachment in courts of record, or if the suit is before a justice of the peace, by notice as in case of attachment before justices of the peace. [See "Attachments," ch. II, $22, 50; R. S. 1845, p. 257,2; L. 1871-2, p. 459, § 6.

10. Trial by jury before justices. § 10. In trials under this [*537] act before justices of the peace, either party may have the case tried by a jury, if he shall so determine before the trial is entered upon, and will first advance the fees of the jurors. The number of the jurors shall be six, or any greater number not exceeding twelve, as either party may desire.

[L. 1865, p. 107, § 1; L. 1871–2, P. 459, § 7; Brush v. Fowler, 36 Ill. 54.

11. Trial in court of record — pleading. § 11. Trials under this act in courts of record, shall be the same as in other cases at law in such courts: Provided, no special pleading shall be required, but the defendant may, under the plea of “not guilty," give in evidence any matter in defense of the action.

12. Trial ex parte. § 12. If the defendant does not appear, (having been duly summoned as herein provided), the trial may proceed ex parte, and may be tried by the justice of the peace or judge of the court without the intervention of a jury.

[R. S. 1845, P. 257, § 3; L. 1871–2, P. 459, § 11; Shook v. Thomas, 21 Ill. 87.

13. Judgment for whole of premises. § 13. If it shall appear on the trial that the plaintiff is entitled to the possession of the whole of the premises claimed, he shall have judgment and execution for the possession thereof and for his costs.

[R. S. 1845, p. 257, § 4; L. 1871-2, p. 459, § 11; Bentley v. Doe, 1 Scam. 240; 83 Ill. 483.

14. Judgment for part of premises. §14. If it shall appear that the plaintiff is entitled to the possession of only a part of the prem

ises claimed, the judgment and execution shall be for that part only and for costs, and for the residue the defendant shall be found not guilty. [Wall v. Goodenough, 16 Ill. 417; House v. Wilder, 47 Ill. 513.

15. Several tenants. § 15. Whenever there shall have been one lease for the whole of certain premises, and the actual possession thereof, at the commencement of the suit, shall be divided in severalty among persons with, or other than the lessee, in one or more portions or parcels, separately or severally held or occupied, all or so many of such persons, with the lessee, as the plaintiff may elect, may be joined as defendants in one suit, and the recovery against them, with costs, shall be several, according as their actual holdings shall respectively be found to be. [Reynolds v. Thomas, 17 Ill. 207.

16. Judgment against plaintiff. § 16. If the plaintiff is nonsuited, or fails to prove his right to the possession, the defendant shall have judgment and execution for costs. [R. S. 1845, p. 257, § 4; L. 1871-2, p. 459, § 12.

17. Dismissal as to part -judgment as to part. § 17. The plaintiff may at any time dismiss his suit as to any one or more of the defendants, and the jury or court may find any one or more of the defendants guilty, and the others not guilty, and the court shall thereupon render judgment according to such finding.

[Reynolds v. Thomas, 17 Ill. 207; Smith v. Killeck, 5 Gilm. 293; Wall v. Goodenough, 16 Ill. 415.

18. Appeal – writ of restitution — bond by plaintiff. 18. If any party shall feel aggrieved by the verdict of the jury or decision of the court, upon any trial had under this act, such party may have an appeal, to be taken to the same courts, in the same manner and tried in the same way as appeals are taken and tried in other cases. Provided, the appeal is prayed and bond is filed within five (5) days from the rendition of the judgment, and no writ of restitution, shall be issued in any case until the expiration of said five (5) days.

[As amended by act approved May 31, 1879. In force July 1, 1879. L. 1879, p. 172; L. 1877, p. 109; R. S. 1845, P. 257, 85: L. 1871-2. p. 459, § 14; Panton v. Manley, 89 Ill. 460; Rider v. Bagley, 47 Ill. 365; Weist v. People, 39 Ill. 507; McCoy v. Allen, 36 I. 429: Tomlin v. Green, 39 III. 226; Wear v. Killeen, 38 Ill. 259; Higgins v. Parker, 48 Ill. 445; Hinman y. Kitterman, 40 Ill. 253; Skin.kell v. Letcher, 40 Ill. 48.

19. Defendant's appeal bond - new bonds. § 19. If the defendant appeals, the condition of the bond shall be that he will prosecute such appeal with effect, and pay all rent then due or that may become due before the final determination of the suit, and also all damages and loss which the plaintiff may sustain by reason of the withholding of the premises in controversy, and by reason of any injury done thereto during such withholding, until the restitution of the possession thereof to the plaintiff, together with all costs that may accrue in case the judgment from which the appeal is taken is affirmed or appeal dismissed; which said bond shall be in sufficient amount to secure such rent, dam

ages and costs, to be ascertained and fixed by the court. And [*538]

the court in which the appeal may be pending may require a new bond in a larger amount, if necessary to secure the rights of the parties;

and in case of continuance, may require another bond to be given to further secure the same.

[R. S. 1845, p. 257, 86; L. 1871-2, P. 459, § 15. Pitt v. Swearingen, 76 Ill. 250; Ryder v. Myer, 66 Ill. 40; Wood v. Tucker, 66 Ill. 276.

20. Plaintiff's appeal bond. § 20. If the plaintiff appeals, the condition of the bond shall be, as in other cases of appeal, when taken by the plaintiff, except as otherwise provided by law.

[As amended by act approved May 24, 1877. In force July 1, 1877. L. 1877, p. 109; Harlan v. Scott, 2 Scam. 66.

21. Repeal. 21. Chapter 43 of the Revised Statutes of 1845, entitled "Forcible Entry and Detainer," and an act entitled “An act in regard to forcible entry and detainer," approved April 10, 1872, and all other acts and parts of acts inconsistent with the provisions of this act, are hereby repealed, except as herein re-enacted: Provided, that this section shall not be so construed as to affect any rights existing or actions pending at the time this act shall take effect.

22. Emergency. § 22. Whereas, there is great uncertainty as to some of the provisions of the law relating to cases of forcible entry and detainer, therefore an emergency is declared to exist, and this act shall take effect and be in force from and after its passage.

AN ACT for the protection of foundlings. [Approved March 7, 1872. In force July

1, 1872.]

1. Effect of abandonment. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That hereafter when any child in this State, under the age of one year, shall be willfully abandoned by its parents, and shall be taken and cared for by any charitable institution in this State, incorporated or otherwise, such parents so abandoning said child shall thenceforth lose all their right, control and authority over said child, and said right, control and authority shall thereupon become vested in said institution.

2. Leaving with institution abandonment. § 2. It shall be deemed a willful abandonment, for the purposes of this act, if any such child be left by its parents at any such charitable institution.

3. When abandonment by mother within the act. 3. In case of illegitimate children, or where the father of any legitimate

child shall have willfully deserted his family for the space of one year, an abandonment by the mother of any such child shall be deemed an abandonment by its parents, according to the provisions of this act.

AN ACT to revise the law in relation to frauds and perjuries. [Approved February 16, 1874. In force July 1, 1874.]

1. Writing-how signed. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That no action shall be brought, whereby to charge any executor or administrator upon any special promise to answer any debt or damages out of his own estate, or whereby to charge the defendant upon any special promise to answer for the debt, default or miscarriage of another person, or to charge any person upon any agreement made upon consideration of marriage, or upon any agreement that is not to be performed within the space of one year from the making thereof, unless the promise or agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.

[R. S. 1845, P. 258, § 1; Wheeler v. Frankenthal, 78 11. 124; Patmor v. Haggard, 78 Ill. 607; Owen v. Stevens, 78 Ill. 462; Schoenfeld v. Brown, 78 Ill. 487; Laidlou v. Hatch, 75 Ill. 11; Bunting v. Darbyshire, 75 Ill. 408; King v. Edmiston, 88 Ill. 257; Hartley v. Varner, 88 Ill. 561; Walden v. Karr, 88 Ill. 49; Frame v. August, 88 Ill. 424; Hardman v. Bradley, 85 Ill. 162: Billings v. Chapin, 2 Brad, 557; 1 Ch. L. J. 253; C. & W. Coal Co. v. Liddell, 69 Ill. 639; Meyer v. Hartman, 72 Ill. 442; Geary v. O'Neil, 73 Ill. 593; Durant v. Rogers, 71 Ill. 121; Clifford v. Luhring, 69 Ill. 401; Steele v. Clark, 77 III. 471; Wm. Butcher Steel Works v. Atkinson, 68 Ill. 421: Scott v. Thomas, 1 Scam, 58; First B. C. of Chicago v. Hyde, 40 Ill. 150; Chilcote v. Kila, 47 III. 88; Eddy v. Roberts, 17 Ill. 505; Blank v. Dreher, 25 Ill. 331; Scott v Thomas, 1 Scam. 59; Steele v. First Nat. Bank, 60 Ill, 23; Brown v. Strait, 19 Ill. 88; Bristow v. Lane, 21 Ill. 194; Ball v. Benjamin, 56 Ill. 106; Wilson v. Bevans, 58 Ill. 232; Williams v. Corbet, 28 Ill. 262; Rabberman v. Wiskamp, 54 Ill. 179; Runde v. Runde, 59 Ill. 98; Ruggles v. Gatton, 50 Ill. 412; Underwood v. Hossack, 38 Ill. 209; Webster v. Cobb, 17 Ill. 459; Allen v. Čoffil, 42 Ill. 293; Maxwell v. Vansant, 46 Ill 59: Swanzey ▼. Moore, 22 Ill. 63; Hite v. Wells, 17 Ill. 88; Comstock v. Ward, 22 Ill. 248; Tarle