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, § 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, 89; 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, $5.

AN ACT to revise the law in relation to slander and libel. [Approved March 13, 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, 81; Miller v. Johnson, 79 Ill. 58; Patterson v. Edwards, 2 Gilm. 720; Strauss v. Meyer, 48 I. 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 Ill. 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 Ill. 405; Adams v. Smith, 58 Ill. 417; Beasley v. Meigs, 16 Ill. 139; Freeman v. Tinsley, so Ill. 497: Harbison v. Shook, 41 Ill 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 I. 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, or

not.

[R. S. 1845, p. 521, § 2; Sanford v. Gaddis, 13 Ill. 338; Harbison v. Shook, 41 III. 141; Crotty v. Morrissey, 40 Ill. 477; Darling v. Banks, 14 Ill. 46; Crandall v. Dawson, 1 Gilm. 556; Stowell v. Beagle, 57 Ill. 97 Hicks v. Rising, 24 Ill. 566; Regnier v. Cabot, 2 Gilm. 39; Owen v. McKean, 14 Ill. 459; Sheahan v. Collins, 20 I 29; 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. 3731

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 III, 501; Gilmer v. Eubank, 13 Ill. 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 I. 294; Stowell v. Beagle, 79 f. 525.

AN ACT to establish and maintain a Soldiers and Sailors Home in the State of Illinois, and making an appropriation for the purchase of land and the construction of the necessary buildings. [Approved June 26, 1885. In force July 1, 1865. L. 1885, p. .]

SEC. 1. Be it en

*1. Soldiers and Sailors Home created. acted 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

charged ex-soldiers and sailors who served in the war of the rebellion and in the Mexican war, who are now and shall be prior to the time they may apply, bona fide residents of the State for two years, and who are not now inmates of National Soldiers and Sailors Home claiming resi dence in this State, who may have become disabled through the exigencies of such service, or who, by reason of old age or other disabilities, are disqualified from earning a livelihood; Provided, that soldiers who are in the poor-houses of this State shall be admitted to the Home in the first instance. Therefore, an emergency exists, and this act shall take effect from and after its passage. [As amended June 15, 1887. In force July 1, 1887. L. 1887, p. 172.

*4. Appointment of commissioners - selection of site. 4. That within ten days after taking effect of this act, the governor shall appoint seven commissioners, not more than four of whom shall belong to the same political party, and no two of whom shall be from the same congressional district. Said commissioners shall take and file in the office of the secretary of State the following oath:

"I do solemnly swear that I will support the constitution of the United States and of this State, and will faithfully discharge the duties of commissioner to locate the Soldiers and Sailors Home for the State of Illinois, according to the best of my ability, and that I have not received and will not, knowingly or intentionally, directly or indirectly, receive any money or other consideration from any source whatever, for any vote or influence I may give or withhold, or for any other official act I may perform as such commissioner."

And as soon as possible after their appointment and qualification, shall proceed to select a site for the said Soldiers and Sailors Home at such place as shall be at the same time most economical to the State, and best adapted to the wants of the institution, having regard, in the selection, to elevation, sewerage and drainage, and abundant supply of living water, facilities of access, the quality of the soil and the price asked for the land.

*5. Commissioners — compensation - expenses. §5. The said commissioners shall perform the duties imposed on them by the provisions of this act, without any compensation for their services, except their actual necessary expenses, incident to the location of said home, shall be paid from said appropriation.

*6. Donations. § 6. The said commissioners are empowered and authorized to receive, in behalf and for the benefit of the State, any donations of money, personal property, or real estate, offered for the purpose of aiding in the establishment of such home and for the future maintenance and comfort of disabled and indigent soldiers, sailors and mariners, but such donations shall not be received as consideration for the location of such home at any particular place.

*#7. Appointment of trustees. $. Within ten days after the selection of a site, the governor shall appoint three trustees for the said Soldiers and Sailors Home, not more than two of whom shall belong to the same political party, and who shall be a party corporate and politic, and shall be subject to the same rules, regulations, conditions and purposes as trustees of other State charitable institutions as now provided by law.

*8. Plans and specifications-architect's compensation. 8. The said trustees are directed and required to cause to be prepared suitable plans and specifications by a competent architect (for which not more than one per cent. shall be allowed, payable in install

ments as the work progresses, which shall be submitted to the governor for his approval), but no plans shall be adopted by the trustees which shall not first have been approved by the governor. Said plans shall be accompanied by specifications and by a detailed estimate of the amount, quality and description of all material and labor required for the erection and full completion of the buildings according to said plans.

*9. Advertisement for bids. $9. Whenever the said plans and specifications shall have been approved and adopted, the trustees shall cause to be inserted in at least two of the daily or weekly newspapers, in the cities of Chicago, Springfield and the city or town at or near which the said home shall be permanently located, an advertisement for sealed bids for the construction of the buildings herein authorized; and they shall furnish a printed copy of the act and of the specifications to all parties applying therefor; and all parties interested, who may desire it, shall have free and full access to the plans with the privilege of taking notes and making memoranda.

*10. Letting of contract

bond. 10. Not less than thirty days after the publication of said proposals for bids, on a day and hour to be named in said advertisement, at the place where the said institution shall be located, in the presence of the bidders, or so many of them as may be present, the bids received shall be opened for the first time, and the contract for building shall be let to the lowest and best bidder: Provided, that no contract shall be made and no expense incurred for any building or buildings requiring for the completion of the same a greater expense than is provided for in the appropriation made in this act: And, provided, further, that no bid shall be accepted which is not accompanied by a good and sufficient bond in the penal sum of ten thousand dollars, signed by at least three good and sufficient sureties, conditioned as a guarantee for the responsibility and good faith of the bidder, and that he will enter into contract and give bond as provided in this act in case his bid is accepted.

*11. Contract — bond conditions. § 11. The contract to be made with the successful bidder shall be accompanied by a good and sufficient bond, to be approved by the governor before accepted, conditioned for the faithful performance of his contract; shall provide for the appointment of a superintendent of construction who shall receive not more than five dollars per day for his services, and who shall carefully and accurately measure the work done and the materials upon the grounds at least once a month, and for the payment of the contractor upon the aforesaid measurement and for the withholding of fifteen per cent. of the value of the work done and materials on hand until the completion of the building, and for a forfeiture of a stipulated sum per diem for every day that the completion of the work shall be delayed after the time specified for the completion in the contract, and for the full protection of all persons who may furnish labor or materials, by withholding payment from the contractor, and by paying the parties to whom any moneys are due for services or materials, as aforesaid, directly for all work done or materials furnished by them in case of notice given to the trustees that any such party apprehends or fears that he will not receive all money due; and for the settlement of all disputed questions