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State of Illinois,

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Form of subpæna.

La Salle county, ss. The people of the state of Illnois to G. H., I. J., K. L., and L. M.:

We command and require you, and each one of you, personally to be and appear before Jabez Fitch, William T. Bayley, and Seth B. Farwell, Esquires, three of the justices of the peace of the said county, on the day of

instant, at o'clock in the noon at the office of Jabez Fitch, Esquire, in Ottawa, in said county, to testify the truth according to your knowledge touching the matters relative to contesting the right of John Jones to hold and exercise the office of sheriff of the said county, by David Smith, on the part of the said David Smith, (or "John Jones,") and this you are not to omit. Witness, the hand and seal of the said Jabez Fitch, Esquire, the day of 18

Jabez Fitch. [L. S.]

Form of oath or affirmation of witness.

You do swear, in the presence of the everliving God, (or "solemnly, sincerely, and truly declare and affirm,") that the evidence which you shall give touching the matters relative to the right of John Jones to hold and exercise the office of sheriff of the county of La Salle, contested by David Smith, shall be the truth, the whole truth, and nothing but the truth.

Form of certificate of election.

State of Illinois, >

La Salle county, ss. Be it remembered, that we, Jabez Fitch, William T. Bayley, and Seth B. Farwell, Esquires, three of the justices of the peace of the said county, were duly named, selected, and chosen to attend, on the

instant, at

o'clock in the

day of

noon,

at the office of Jabez Fitch, Esquire, in Ottawa, in said county, at the trial of the right of John Jones, to hold and exercise the office of sheriff of the said county of La Salle, contested by David Smith, a candidate for the said office, at the last election, in the following manner; that the said Jabez Fitch, Esquire, was named and selected by the said David Smith, that the said William T. Bayley, Esquire, was selected by said John Jones, and that the said Seth B. Farwell, Esquire, was chosen (or "selected by lot") by the two justices first named and selected and herein first above mentioned, to act with them; that we met at the time and place above mentioned, and the following notice and attestation of service thereof was delivered to us :

(Here set forth the notice given by David Smith to John Jones, and the affidavit of service :)

That, at the time and place aforesaid, as well the said David Smith as the said John Jones appeared before us; and after hearing and examining the evidence offered by both of the parties, we do decide and determine that the said David Smith has been duly elected sheriff of the said county of La Salle.

And we do adjudge and determine that the said John Jones pay all the costs of this contest, amounting to the sum of dollars, and that execution issue for the same.

In witness whereof, we do hereunto set our hands and seals,

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State of Illinois,

Form of certificate.

La Salle county, ss. We, the subscribers, three of the justices of the peace of the said county, do certify to the clerk of the county commissioners' court of the said county, that the above is a true record of the proceedings before us, and of our decision in the matter relative to the right of John Jones to hold and exercise the office of sheriff of La Salle county, contested by David Smith, and also of our adjudication concerning costs. Given under our hands this

18

day of
Jabez Fitch,
William T. Bayley,
Seth B. Farwell.

Form of execution for costs.

State of Illinois,

La Salle county, ss. The people of the state of Illinois to any constable of the said county, greeting:

Whereas, David Smith, a candidate, lately gave notice to John Jones that he intended to contest his right to hold and exercise the office of sheriff of the county of La Salle, and named Jabez Fitch, Esquire, a justice of the peace of said county, to attend at the trial of such contest, on the day of 18 at his

office in Ottawa, in said county; and whereas, the said John Jones did select William T. Bayley, Esquire, a justice of the peace of said county, to attend at the said trial; and whereas, the two justices so named and selected, did make choice of (or "select by lot") Seth B. Farwell, Esquire, a justice of the peace of said county, to act with them; and whereas, the said justices, in pursuance of their nomination, selection, and choice, and of the statute in such case made and provided, met at the time and place above mentioned, and as well the said David Smith as the said John Jones appeared before them, and the said

justice, having heard and examined the evidence offered by both of the parties, did decide and determine that the said David Smith had been duly elected sheriff of La Salle county.

And the said justices did adjudge and determine that the said John Jones pay all the costs of the said contest, amounting to the sum of dollars, and that execution issue for

the same.

We, therefore, command you that, of the goods and chattels of the said John Jones in your county, you levy the said sum of dollars costs as aforesaid, and do you make return of what you shall do hereon with all convenient speed. Given under the hand and seals of the said justices, the day of

18

Jabez Fitch,
[L. S.]
William T. Bayley, [L. S.]

Seth B. Farwell.

[L. S.]

CHAPTER X.

ESTRAYS.

By sec. 1 of "An act concerning estrays" it is enacted "That every person who shall take up any estray horse, mare or colt, mule or ass, shall, within ten days, take the same before some justice of the peace of the county where such estray shall be taken up, and make oath before such justice, that the same was taken up at his or her plantation, or place of residence in said county, and that the marks on brands have not been altered since the taking up. The said justice shall then issue his warrant to three disinterested housekeepers in the neighborhood, unless they can otherwise be had, causing them to come before him to appraise said estray, after they or any two of them being sworn to appraise such estray, without partiality, favor or affection, which appraisement, together with the marks, brands, stature, color, and age of such horse, mare or colt, mule or ass, shall be entered in a book to be kept by such justice, and certified under his hand, and transmitted to the clerk of the county commissioners' court of such county, within fifteen days after the same is taken up; and any person who shall take up any head of neat cattle, sheep, hog or goat, shall cause the same to be viewed by some housekeeper of the county where the same shall happen, and shall immediately go with such

housekeeper before a justice of the county, and make oath before him as is required in taking up an estray horse, mare or colt, mule or ass, and then such justice shall take from such housekeeper, upon oath, a particular description of the marks, brands, color, and age of every such neat cattle, sheep, hog or goat, and said justice shall cause the said estrays to be appraised, in like manner, as is required to be done in case of a horse, mare or colt, mule or ass; which description and valuation shall be entered by such justice in a book to be kept by him as aforesaid, and by such justice transmitted to the clerk of the county commissioners' court of the county, to be by him kept as before directed: Provided, That in all cases where the value of such neat cattle, sheep, goat or hog, does not exceed five dollars, said justice shall not be required to make a return to the clerk as aforesaid; but shall enter in his estray book the description and appraisement value of such sheep, hog or goat, and advertise the same in three of the most public places in his neighborhood; and every such clerk shall cause a copy of such description and valuation of every neat cattle, sheep, hog and goat, to be publicly affixed at the court house door of his county, within five days after the same shall be transmitted to him as aforesaid, for which he shall receive the same fee as for entering the same in a book: Provided, That if two or more estrays, of the same species, are taken up by the same person, at the same time, they shall be included in one entry and one advertisement, and in such case, such justice and clerk shall receive no more pay for one of such species: Provided, also, That no person shall be allowed hereafter to take up and post any head of neat cattle, sheep, hog or goat, between the month of April and the first day of November, unless the same may be found in the lawful fence or inclosure of the taker up, having broken in the same; and for a reward of taking up, there shall be paid by the owner, one dollar for every horse, mare or colt, mule or ass; and for every head of neat cattle, fifty cents; and for every hog, sheep or goat, twenty-five cents, together with all reasonable charges.

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"SEC. 2. It shall be the duty of the clerk of the county commissioners' court, when the description and valuation of any estray horse, mare or colt, mule or ass, shall be transmitted to him by the justice as aforesaid, and in ten days thereafter, make out a copy thereof, and transmit the same to the public printer of the state, and endorse thereon, "Estray papers," together with the sum of one dollar, to pay the said printer; which sum the taker up is required to deposite with the clerk prior to the expiration of said ten days. It shall be the duty of the public printer to publish said advertisement, and transmit one copy of each number of his paper to each of the clerks of the county

commissioners' court of the several counties of this state, free of charge, which shall be regularly filed by said clerks in their respective offices for the examination of those who may desire it.

SEC. 3. And if no owner appears and proves his property within one year after such publication, the property shall be vested in the taker up; nevertheless, the former owner may, at any time thereafter, by proving his property, recover the valuation money, upon payment of costs and all reasonable charges.

"SEC. 4. And if any person shall trade, sell, or take away any such estray or estrays out of the state, for any purpose whatever, before the expiration of said one year, he or she so offending, shall be liable to indictment in the circuit court of the proper county, and on conviction thereof, shall be fined in a sum double the value of the property, one half to the owner thereof, and the other half to the county treasury; and when the owner of any estray head of neat cattle, sheep, hog or goat, does not prove his property within twelve months after the same has been published at the door of the court house as aforesaid, and when the valuation does not exceed five dollars, the property shall be vested in the taker up; but when the valuation shall exceed five dollars, and no owner appears within the time aforesaid, the property shall also be vested in the taker up; nevertheless, the former owner may, at any time, by proving his property, recover the valuation thereof, upon payment of all reasonable costs and charges; and if the taker up and the owner cannot agree upon the charges, they shall call upon three disinterested householders, whose decision shall be binding on both parties; and it shall not be lawful for any person to take up any estray, (except such as shall be hereinafter excepted,) unless he shall be a freeholder or a housekeeper. Any person finding an estray horse, mare or colt, running at large without any of the settlements of this state, may take up the same, and shall immediately take such estray or estrays before the nearest justice of the peace, and make oath that he has not altered the marks or brands or such estrays, since taking up; and if such taker up shall be a freeholder or a housekeeper within that county, it may, and shall be lawful for him, to post such estray or estrays as hereinbefore directed in this act, as if the same had been taken up on his plantation or place of residence; and when the taker up shall not be qualified as aforesaid, he shall take the oath before required, and deliver such estray or estrays, to the said justice, who shall cause the same to be dealt with as directed by this act; but if no owner appears to prove his property within one year, such estray or estrays shall be sold to the highest bidder giving public notice of such sale twenty days previous

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