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CHAPTER CI.

SLANDER.

SECTION
1. What words charging another with commission

of crime, deemed slanderous and actionable.

SECTION
2. Charging person with swearing falsely, whether

in judicial proceeding or not, actionable.

Section 1. 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, she or they, so falsely publishing, speaking or uttering the same shall be deemed guilty of slander.

SEC. 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, or not.

APPROVED : March 3, 1845.

CHAPTER CII.

STEAM BOATS.

SECTION
1. How boats on rivers of this state, shall be offi-

cered and furnished; regulations in ascending

and descending. 2. When boats meet in a narrow place, what to be

done ; in night time, descending boat to keep

main channel. 3. Duty of masters and officers; rules and regula.

tions for safety of boat. 4. Responsibility of masters and owners; causing

death carelessly, deemed manslaughter.

SECTION
6. Racing forbidden; liability of owners and offi.

cers, to punishment, and for damages.
6. Landing passengers, regulations respecting.
7. Carrying gunpowder, under what restrictions

and regulations; penalty. 8. Punishment for putting gunpowder on boats,

without informing officers. 9. Copies of this chapter to be posted up on boats;

penalty for omitting.

Section 1. It shall be the duty of the owners of steamboats navigating the Mississippi, Ohio, Wabash, Illinois, and other rivers and lakes within the jurisdiction of this State, to have a competent master, officers and crew on board, and to have a substantial and sufficient engine, boilers or boiler, and to have the same at all times in good and safe order and condition, and have the vessel supplied with all necessary boats, tackle and furniture, and in every respect seaworthy. In ascending and descending navigation, said boats shall conform to the following regu

lations: The descending boat shall keep the shore or bar she may be on. until the ascending boat passes; and when both boats are running, the ascending boat shall keep the middle of the channel, or in the deepest water, and in all cases where it is practicable, leave room for the descending boat to pass on either side.

Sec. 2. When two boats shall meet in a contracted part of the river, or in any narrow or intricate channel, both boats shall stop their engines, or work them very slow, until they pass each other; and in the night time, the descending boat shall not take any of the small chutes, but shall keep the main channel in order to avoid the ascending boats.

Sec. 3. It shall be the duty of the masters and officers of all steamboats, to keep their vessels at all times well and steady trimmed, and particularly, in coming to and departing from shore; and for that purpose, the passengers and all others on board the boat, shall strictly obey the directions of the master or officers on watch, and keep the place and position they may direct, and under such pecuniary penalties as the rules and regulations of the boat in that behalf shall impose; which rules and regulations shall be constantly kept up in at least five conspicuous and different parts of the boat.

Sec. 4. The master and owners shall be severally and jointly responsible for damages which any person may sustain by any neglect or refusal to comply with the requisitions of the foregoing sections. And moreover, if any loss of life shall ensue from any such neglect and refusal, the officers on watch, and conducting the boat for the time being, shall be deemed guilty of the crime of manslaughter, and upon conviction thereof, shall be punished accordingly.

Sec. 5. It shall not be lawful for steamboats to run races, the one against the other; and the owners and officers severally and jointly shall be liable and responsible for all damages which any one may sustain from any accident or casualty which may happen during said race. And moreover, in case of loss of life or lives in consequence of said racing, the master of the boat, or person or persons having the command thereof for the time being, shall be deemed guilty of a high crime and misdemeanor, and upon conviction thereof shall be liable to imprisonment in the penitentiary of the State, for any term not exceeding ten years.

Sec. 6. In landing passengers from steamboats, the master shall cause the ves. sel to be brought to shore whenever practicable and convenient, and especially in cases where females or children are to be landed; and whenever it is impracticable or decidedly inconvenient to bring the boat to the shore, they may land the passengers in good, sufficient and comfortable boats, which shall be at all times kept for that purpose, and managed by a sufficient number of civil, competent and careful men; and during the time of disembarking from the steamboat into the small craft, and of leaving the vessel, the engine shall be stopped and the speed of the vessel checked. And any neglect or refusal to comply with any of the requirements of this section, shall subject the owners and master of the boat to the payment of all damages that may result to any person or persons, from such neglect or refusal; and in the event of loss of life thereby, the master or other officer in command of the boat for the time being shall be deemed to be guilty of a high misdemeanor, and on conviction thereof, shall be punised as provided for in the foregoing section.

Sec. 7. It shall be the duty of the master and officers of any steamboat carrying gunpowder as freight, to store the same in the safest part of the vessel, and separate and apart from articles liable to spontaneous combustion; and where, in discharging the cargo, it will not be necessary to carry any lighted candle, lamp or flambeau ;

and all boats carrying gunpowder as freight, shall have printed cards, stating the fact, placed in the cabin and in other conspicuous parts of the boat, so as to give notice to the passengers. And the master and officers, failing to comply with the provisions of this section, shall forfeit one hundred dollars for every time the same shall be so neglected, which may be recovered by action of debt, by and for the use of any person who may sue for the same, before any justice of the peace in this State; and shall moreover be liable for all damages which may happen to any person by reason of the failure.

Sec. 8. It shall not be lawful for any person or persons to put or keep any gunpowder on any steamboat without first giving the master or officers notice thereof; and any person or persons so offending, shall be liable to pay a sum of one hundred dollars to and for the use of any person who may sue for the same, in an action of debt before any justice of the peace in this State; and moreover, the person or persons so offending, shall be liable for all damages which may happen to any person thereby

Sec. 9. Copies of this chapter shall be printed and put in frames, and kept publicly placed in the cabin and steerage of each steamboat navigating the Mississippi, Ohio, Wabash, Illinois and other rivers and lakes within the jurisdiction of this State; and a failure to comply with these provisions, shall subject the master and owners to a penalty of one hundred dollars for each day the same shall be omitted, to be recovered in an action of debt before any justice of the peace by and for the use of any person who may sue for the same.

APPROVED : March 3, 1845.

CHAPTER CIII. .

SURVEYORS.

SECTION

1. County surveyors, when elected; term of office.
2. Surveyors to be commissioned.
3. Surveyors to be sworn.
4. Duty of county surveyor.
5. May appoint deputies, who shall be sworn.
6. Chainman, to be employed and sworn.
7. Surveys, how made; perpetuating surveys; to

SECTION

furnish proprietor with field notes; to keep a record of his surveys; certified copies of such

record, to be prima facie evidence. 8. Records of surveyors to be delivered to suc

cessor, penalty for refusal; act or record of surveyor not to be conclusive, but may be re. covered.

Section 1. County surveyors shall be elected in the several counties in this State on the first Monday in August, on the expiration of the terms of those now in office and every fourth year thereafter. When so elected, they shall continue in office for the term of four years, and until their successors are elected and qualified.

Sec. 2. The election of county surveyors shall in all things be conducted, and returns thereof made to the office of the secretary of State, as provided by the chapter regulating elections; and upon such election being made, the Governor shall commission such county surveyor, to continue in office for four years; which com

mission shall be transmitted by the secretary of State to the clerk of the circuit court of the proper county; and it shall be the duty of said clerk to give immediate notice to such surveyor of the receipt of his commission.

Sec. 3. Each and every surveyor shall, previous to his entering upon the duties of his office, take an oath that he will in all things, as county surveyor, perform the duties of his office to the best of his skill and judgment, without favor or affection; which oath may be administered by any judge, or justice of the peace, in the county to which such surveyor is appointed, and shall be indorsed on his commission.

Sec. 4. It shall be the duty of the said county surveyor to make all surveys within the bounds of his county, that he may be called upon to make, either by himself or deputy, properly authorized by him, and competent to perform the duty, within a reasonable time after application is made to him.

Sec. 5. Each and every surveyor may appoint one or more deputies to assist him in the performance of the duties of his office; each deputy shall take an oath similar to that previously taken by the surveyor himself, and the surveyor shall be responsible for the official acts of his deputy.

Sec. 6. All chainmen necessary, shall be employed by the person wanting surveying done: They shall be good and disinterested persons, to be approved by the surveyor, and they shall be sworn by the surveyor to measure justly and exactly, to the best of their knowledge.

Sec. 7. It shall be the duty of all county surveyors, previous to their making any survey, under the authority of this chapter, to furnish themselves with the field notes of the original survey of the lands which they may be called on to survey; and all surveys made by county surveyors, shall be made agreeably to the original survey of the land. For the purpose of perpetuating every survey, the surveyor shall be required to establish his corners by taking bearing trees, and noting particularly their course and distance; and where there are no trees within a reasonable distance, the surveyor shall perpetuate his corners by erecting mounds : Provided, That in all cases where it shall appear practicable, the surveyor shall require the

person having the survey made, to furnish suitable stones ; and at each and every corner made and established, a stone shall be permanently placed in the ground, and in such cases it shall not be necessary to erect mounds; and shall moreover furnish the proprietor of every tract of land, with a copy of the original field notes, of every tract of land he may survey. It shall also be the duty of each county surveyor to provide himself with a well bound book, in which he shall carefully and legibly record and note down every survey made by him, giving therein the name of the person, the survey of whose land is so recorded, and describing as near as practicable, the metes and bounds of the land, and noting the date on which the survey was made; and such record shall be subject to the inspection of every person who may think himself interested; and a certified copy thereof, under the hand of the surveyor, shall be admitted as prima facie evidence in any court of record in this State.

Sec. 8. It shall be the duty of every county surveyor, or other person having the official record of such surveyor in his possession, to deliver up the said record to his successor, whenever he may be applied to for that purpose; and every person who, having possession thereof, will refuse to deliver the same to such successor, when demanded, shall forfeit and pay one dollar and fifty cents for every day he

may detain it after demand, to be recovered by any person who will sue for the

same, before any justice of the peace of the proper county, one-half to the use of the person suing, and the other half to the use of the county. No act or record by any surveyor or his deputy, as aforesaid, shall be conclusive, but may be reviewed by any competent tribunal, in any case where the correctness thereof may be disputed.

APPROVED: March 3, 1845. [AMENDED :—See Appendix, Act No. 7.)

CHAPTER CIV.

TRESPASS.

SECTION
1. Penalty for carrying away or injuring trees of a

certain description; all other kinds.
2. Penalties, how recovered; how applied; if,

when suit is instituted before a justice of the
peace, title to land to be set up by defendant,

cause removed to circuit court, and how.
3. If recognizance to prosecute be forfeited, jus-

SECTION

tice shall enter judgment and issue execution ;

recognizance, when forfeited, to be put in suit. 4. Cutting and injuring timber, under pretence

of lease of school lands, &c., how punished. 5. Penalties, how recovered, and how applied;

duty of overseers of the poor to prosecute, &c.

Section 1. Any person who shall cut, fell, box, bore or destroy, or carry away any black walnut, black, white, yellow or red oak, white wood, poplar, wild cherry, blue ash, yellow or black locust, chesnut, coffee or sugar tree, or sapling, standing or growing upon land belonging to any other person or persons, without having first obtained permission so to do from the owner or owners of such lands, shall forfeit and pay for such tree or sapling, so cut, felled, boxed, bored or destroyed, the sum of eight dollars ; and every person who shall cut, sell, box, bore or destroy any tree or sapling not herein above named and enumerated, standing or growing upon land belonging to any other person or persons, without permission as aforesaid, shall forfeit and pay for every such tree or sapling, so cut, felled, boxed, bored or destroyed, the sum of three dollars.

Sec. 2. The penalties herein above provided, shall be recoverable, with costs of suit, either by action of debt, in the name and for the use of the owner or owners of the land, or by action qui tam, in the name of any person who will first sue for and recover the same; the one-half for the use of the person so suing, and the other half for the use of the owner or owners of the land : Provided, That if, in any action that may be instituted by virtue of the provisions herein contained, before a justice of the peace, the defendant shall set up a title to the land on which the tree or trees are alleged to have been cut, felled, boxed, bored or destroyed, and shall forthwith give good and sufficient security to prosecute his claim or title to the said land to effect, within one year, or to appear and defend an action to be instituted against him within one year, by virtue of the provisions herein contained, in any court of record within the State, having cognizance thereof, and in either case to abide by and satisfy the judgment that may be given in such court; then the said justice shall proceed no further in the said cause, but shall forthwith dismiss the parties; and it shall be the duty of the said justice thereupon, to tax the

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