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missioners' court of the county in which the same shall be located; which tax, when assessed, shall be collected and paid over as the other taxes are, and shall constitute a part of the county revenue.

Sec. 15. If the county in which any toll bridge or turnpike road shall be established and erected as aforesaid, shall, at any time, pay or cause to be paid to the proprietor or proprietors thereof, the original cost of such toll bridge, or turnpike road as aforesaid, with ten per cent. interest thereon, then the said bridge or road shall cease to be private property, and shall become a public bridge or highway.

Sec. 16. No person shall escavüsii, keep or use any ferry, toll bridge, or turnpike road as aforesaid, for the conveyance or passage of persons and their property as aforesaid, for profit or hire, unless he or she shall be licensed as directed by this chapter, under the penalty of five dollars for each offence, recoverable before any justice of the peace of the county wherein such offence shall be committed; the one-half thereof shall go to the person suing for the same, and the other half to the county; and if any person or persons not licensed as aforesaid shall, at any time, pass any person or persons, or their property as aforesaid, except as is provided in the ninth section hereof, over any lake, river, creek or any other water course, where any ferry or toll bridge shall, at the time, be established and kept as aforesaid, or within three miles thereof, either with or without compensation, with intent to injure the keeper or proprietor of such ferry or toll bridge, he, she or they shall incur the same forfeitures, and may be proceeded against in the same manner as is provided in the eleventh section: Provided, That it shall not be considered illegal for any person or persons to pass any person or his property without compensation, in cases where it shall be made to appear that such established ferry or toll bridge was not, at the time, in actual operation, or in sufficient repair to have afforded to such person or his property a safe and speedly passage.

APPROVED: March 3, 1845.

CHAPTER XLIII.

FORCIBLE ENTRY AND DETAINER.

SECTION

1. What deemed forcible entry and detainer.
2. Actions to be brought before justices of the

peace; proceedings in such cases; how jury

summoned. 3. Duty of sheriff; if defendant do not appear,

exparte trial may be had. 4. No indictment requisite; complaint to be under

SECTION

oath; justices shall keep record of procee.

dings; effect of judgment. 5. Appeal to circuit court allowed; how taken and

tried. 6. Appeal bond to provide for payment of rents ;

effect of judgment in circuit court.

SECTION 1. If any person shall make any entry into any lands, tenements or other possessions, except in cases where entry is given by law, or shall make any such entry by force, or if any person shall wilfully and without force, hold over any lands, tenements or other possessions, after the determination of the time for which such lands, tenements or possessions were let to him, or to the person under

whom he claims, after demand made in writing for possession thereof, by the person entitled to such possession, such person shall be adjudged guilty of a forcible entry and detainer, or a forcible detainer, as the case may be, within the intent and meaning of this chapter.

Sec. 2. Any justice of the peace of any county in this state, shall have jurisdiction of any case arising under this chapter, and on complaint upon oath of the party aggrieved, or his authorized agent, shall issue his summons directed to the sheriff, (or coroner, if the sheriff be interested,) of his county, commanding him, to summon the person against whom the complaint is made, to appear before such justice at a time and place to be stated in such summons, not more than twelve, nor less than six days from the time of issuing such summons, and which shall be served at least five days before the return day thereof, by reading the same to the defendant, or leaving a copy at his place of abode; and the said justice shall, also, at the same time, issue a precept to the sheriff or coroner, commanding him to summon a jury of twelve good and lawful men of the county, to appear before him at the return of such summons, to hear and try the said complaint. And if any part of the jurors shall fail to attend, or be challenged, the said justice may order the sheriff or coroner to complete the number, by summoning and returning others forthwith.

Sec. 3. The sheriff or coroner shall return to the said justice the summons and precept as aforesaid, on the day assigned for trial, and shall state on the back of said summons how the same was served, and on the back of said precept, a list of the names of the jurors. And if the defendant does not appear, the justice shall proceed to try the said cause, ex parte, or may, in his discretion, postpone the trial for a time not exceeding ten days; and the said justice shall also issue subpænas for witnesses, and proceed in the trial of said cause, as in other cases of trial by jury.

Sec. 4. No indictment or inquisition shall be necessary in any case arising under this chapter; but the justice shall set down in writing, the complaint, under oath, particularly describing the lands, tenements or possessions in question, and shall keep a record of the proceedings had before him; and if the jury shall find the defendant guilty, he shall give judgment thereon, for the plaintiff to have restitution of the premises and his costs, and shall award his writ of restitution ; and if a verdict be given for the defendant, judgment shall be given against the plaintiff for costs and execution issued therefor.

Sec. 5. If either party shall feel aggrieved by the verdict of the jury or the decision of the justice on any trial had under this chapter, he or she appeal to the circuit court, to be obtained in the same manner and tried in the same way as appeals from justices of the peace in other cases.

Sec. 6. If the defendant or defendants appeal, he or they shall also insert in the appeal bond, a clause conditioned for the payment of all rents becoming due, if any, from the commencement of the suit, until the final determination thereof. If the appeal be taken within five days after the trial had before the justice, no writ of restitution or execution shall be issued by him; and the circuit court, on giving judgment for the plaintiff, shall award a writ of restitution, and execution for costs, including the costs before the justice; and if judgment be for the defendant, he shall recover costs, in like manner, and have execution for the same.

APPROVED: March 3, 1845. (AMENDED:~See Appendix, Act No. 18.J

may

have an

CHAPTER XLIV.

FRAUDS AND PERJURIES.

SECTION
1. When action brought, promise or agreement to

be in writing and signed by the party charged,

or other authorized person. 2. Conveyances of real and personal estate, in what

cases shall be deemed fraudulent. 3. Bona fide conveyances, when good considera

tion, not deemed fraudulent. 4. Trusts in relation to real estate, not in writing,

void; exceptions as to resulting trusts. 6. Fraudulent devises in real estate declared void. 6. Person making fraudulent devise, his heirs, &c.,

subject to same action, as he might be, if living. 7. Guardian, ad litem, when may be appointed.

SECTION
8. When personal estate of ancestor insufficient to

pay debts, real estate in hands of heirs or de.

visees may be taken in execution. 9. In action against heir or devisee, he may plead

riens per descent ; reply of plaintiff thereto; how

issue tried and damages assessed. 10. If, on judgment against executor, sufficient pro

perty of deceased be not found, suit may be

brought against heir or devisee. 11. If estate be not administered upon within one

year after death, separate suit may be main

tained against heir or devisee. 12. Facts shall be distinctly set forth in declaration.

of one year

Section 1. 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 contract for the sale of lands, tenements or hereditaments, or any interest in, or concerning them, for a longer term than one year; or upon any agreement that is not to be performed within the space

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.

Sec. 2. Every gift, grant or conveyance of lands, tenements, hereditaments, goods or chattels, or of any rent, common or profit of the same, by writing or otherwise ; and every bond, suit, judgment or execution had and made, or contrived of malice, fraud, covin, collusion or guile, to the intent or purpose to delay, hinder or defraud creditors of their just and lawful actions, suits, debts, accounts, damages, penalties or forfeitures, or to defraud or deceive those who shall purchase the same lands, tenements or hereditaments, or any rent, profit or commodity out of them, shall be from thenceforth deemed and taken only as against the person or persons, his, her or their heirs, successors, executors, administrators or assigns, and every of them, whose debts, suits, demands, estates and interests by such guileful and covinous devices and practices as aforesaid shall, or might be, in anywise disturbed, hindered, delayed or defrauded, to be clearly and utterly void ; any pretence, color, feigned consideration, expressing of use, or any other matter or thing to the contrary notwithstanding; and moreover, if a conveyance be of goods and chattels, and be not, on consideration, deemed valuable in law, it shall be taken to be fraudulent, unless the same be by will, duly proved and recorded, or by deed in writing, acknowledged or proved, if the same deed includes land, also, in such manner as conveyances of land are by law directed to be acknowledged or proved; or if it be goods and chattels only, then acknowledged or proved by two witnesses, before any

court of record in the county wherein one of the parties lives, within eight months after the execution thereof, or unless possession shall really and bona fide remain with the donee; and in like manner where any loan of goods and chattels shall be pretended to have been made to any person, with whom or those claiming under him, possession shall have remained for the space of five years, without demand made and pursued by due process at law, on the part of the pretended lender, or where

any

reservation or limitation shall be pretended to have been made of an use, or property by way of condition, reservation, remainder or otherwise, in goods or chattels, the possession whereof shall have remained in another as aforesaid, the same shall be taken as to creditors and purchasers of the person aforesaid, so remaining in possession, to be fraudulent, and that the absolute property is with the possession, unless such loan, reservation, or limitation of use or property were declared, by will or deed in writing, proved and recorded as aforesaid.

Sec. 3. This chapter shall not extend to any estate or interest in any lands, goods or chattels, or any rents common or profit, out of the same, which shall be upon good consideration, and bona fide lawfully conveyed, or assured to any person or persons, bodies politic or corporate.

Sec. 4. All declarations or creations of trusts or confidences of any lands, tenements or hereditaments, shall be manifested and proved by some writing signed by the party, who is by law enabled to declare such trust, or by his last will in writing; or else they shall be utterly void and of no effect: Provided, That resulting trust or trusts created by construction, implication, or operation of law, need not be in writing, and the same may be proved by parol.

Sec. 5. All wills and testaments, limitations, dispositions or appointments of, or concerning any lands and tenements, or of any rent, profit, term or charge, out of the same, whereof any person or persons at the time of his, her or their decease, shall be seized in fee simple, in possession, in reversion, or remainder, or have power to dispose of the same by his, her or their last will and testament, shall be deemed and taken (only as against the person or persons, his, her or their heirs, successors, executors, administrators or assigns, and every of them whose debts, suits, demands, estates and interests, by such will, testament, limitation, disposition or appointment as aforesaid, shall, or might be in anywise disturbed, hindered, delayed or defrauded,) to be fraudulent, void and of none effect, any pretence, color, feigned or presumed consideration, or any other matter or thing to the contrary not: withstanding.

Sec. 6. Any person or persons, his, her or their heirs, devisees, executors, administrators, successors or assigns, and every of them, who shall or may have any debts, suits or demands against any person or persons who shall make any fraudulent devise as aforesaid, or who have any debts, suits or demands against any person or persons who shall die intestate, and have real estate to his, her or their heirs, to descend according to the laws of this State, shall, and may have and maintain the same action or actions, which lie against executors and administrators upon his, her or their bonds, specialities, contracts, agreements and undertakings, against the executors or administrators, and the heir or heirs, or against the executors or administrators, and the devisee or devisees, or may join the executors or administrators, the heir or heirs, and the devisee or devisees of such obligor or obligors, undertaker or undertakers as aforesaid, and shall not be delayed for the non-age of any of the parties.

Sec. 7. When any suit or action in law or equity, shall be brought against any heir or heirs, devisee or devisees, who shall be of non-age, it shall be lawful for the court to appoint a guardian, ad litem, for such infant heir or heirs, devisee or devisees, and may compel the person so appointed to act : Provided, That by such appointment, such person shall not be rendered liable to pay any costs of suit.

Sec. 8. When any lands, tenements or hereditaments, or any rents or profits out of the same shall descend to any heir or heirs, or be devised to any devisee or devisees, and the personal estate of the ancestor of such heir or heirs, or devisor of such devisee or devisees, shall be insufficient to discharge the just demands against such ancestor, or devisor's estate, such heir or heirs, devisee or devisees, shall be liable to the creditor of their ancestor or devisor, to the full amount of the lands, tenements or hereditaments, or rents and profits out of the same as may descend, or be devised to the said heir or heirs, devisee or devisees; and in all cases where any heir or heirs, devisee or devisees, shall be liable to pay the debt or debts of his executor or devisor, in regard of any lands, tenements or hereditaments, or any rent or profit arising out of the same, descending or being devised to him, her or them, and shall sell, alien or make over the same before any action brought, or process sued out against him, her or them, such heir or heirs at law, devisee or devisees, shall be answerable for such debt or debts to the value of the said lands, tenements and hereditaments, rents or profits, so by him, her or them sold, aliened or made over; and executions may be taken out upon any judgment so obtained against such heir or heirs, devisee or devisees, to the value of the said lands, tenements and hereditaments, rents and profits, out of the same, as if the same were his, her or their own proper debt or debts, saving and excepting that the lands and tenements, rents and profits, by him, her or them bona fide aliened, before the action brought, shall not be liable to such execution.

Sec. 9. When any action or suit is brought against any heir or heirs, devisee or devisees, he, she or they may plead riens per descent, at the time of the commencement of the action or suit, and the plaintiff in such action may reply, that he, she or they had lands, tenements or hereditaments, or rents or profits out of the same, from his, her or their ancestor, or devisor, before the commencement of the action or suit, and if upon issue joined thereupon, it be found for the plaintiff, the jury shall inquire of the value of the lands, tenements, hereditaments, or rents and profits out of the same, so descended or devised, and thereupon judgment shall be given and execution awarded as aforesaid; but if judgment be given against such heir or heirs, devisee or devisees, by confessing of the action without confessing the assets descended or devised, or upon demurrer or nihil dicit, or default, said judgment shall be given for the plaintiff, without any writ to inquire of the lands, tenements or hereditaments, or rents and profits out of the same, so descended or devised.

Sec. 10. In all cases where a judgment has been obtained against the executor or executors, administrator or administrators, of a deceased person, on a contract or undertaking, on which a joint action might have been maintained against the executor or executors, administrator or administrators, and the heir or heirs, devisee or devisees of the deceased person, if it shall appear by a judgment of record, or the return of a proper officer, that there is not pro erty of the deceased person in the hands of the executor or executors, administrator or administraors, to satisfy such judgment, it shall be lawful to bring a separate suit or action against the heir or heirs, devisee or devisees on such contract or undertaking; and the judgment

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