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ADDITIONAL RULES,

ADOPTED AT THE DECEMBER TERM, 1840.

XXVI. WHENEVER a bond is executed by an attorney in fact, the Clerk shall require the original power of attorney to be filed in his office, unless it shall appear that the power of attorney contains other powers than the mere power to execute the bond in question ; in which case, the original power of attorney shall be presented to the Clerk, and a true copy thereof filed, certified by the Clerk to be a true copy of the original.

XXVII. It having been suggested to the Court by the Clerk, that records of causes from the Circuit Courts, now pending in this Court, have by some casualty been lost, or are missing from the files in the office of the Clerk, it is, therefore, ORDERED, That, in such cases, either party in the cause may supply the loss of such record, by obtaining an exemplification or copy of such record, and filing the same with the Clerk of this Court, the cost of such copy to be taxed against the unsuccessful party in the cause.

XXVIII. It is further ORDERED, That on the filing of any paper with the Clerk, he shall thereupon, in addition to the endorsement made on the paper, of the day of filing, make an entry in a book to be kept for that purpose, of the title of the cause, of the nature of the paper filed, and of the day on which the same was filed.

XXIX. Hereafter, in all cases in which no counsel shall be entered on the Docket, or where they are entered, and do not appear, such causes will be dismissed on calling them, unless cause is shown for a continuance. This rule to take effect from and after this term. Adopted February 25, 1841.

ADMISSION OF ATTORNEYS AND COUNSELLORS.

XXX. HEREAFTER all applicants for examination for a license to practise law in the courts of this State, shall be required to present themselves in person for examination, in open court, at some term thereof, except in cases where the applicant shall have a license, or other satisfactory voucher, proving that he has been regularly admitted an Attorney at Law in some court of record within the United States.

XXXI, ORDERED, That the Saturday of the first and second weeks of each term of this Court, be the days appropriated for the examination of such applicants. Adopted March 1, 1841.

FORD, Justice, dissented from the last two rules.

For the preceding rules, see the first volume of these Reports.

TABLE

OF CASES REPORTED IN THIS VOLUME.

Adams v. Colton

71 Brown et al., Mills et al. v. 548 Aikman, Myers v.

452 Bryan et al. v. Smith et al. 47 Allen et al. v. Downing 454 Bryant, Lowry et al. v.

2 Alleyne, Rider et al. v. 474 Bryant et al., Cross v.

36 Archer v. Ross 303 Burkell, Robinson v.

278 Armstrong v. Caldwell et al. 418 Burton v. McClellan

434 Auditor, The People v. 567 Butterfield et al., Galusha v. 227 Ayres v. McConnel et al.

307

Calhoun v. Webster et al. 221 Bacon v. Wood

265 Caldwell et al., Armstrong v. 418 Ballance v. Frisby et al. 63 Campbell v. Humphries 478 Ballentine v. McDowell 28 | Camden et al. v. Robertson 507 Bank of Washtenaw v. Mont Carlisle et al., Little v. 375 gomery

422 Cawood, Swain et al. v. 505 Baxter et al., Forsyth et al. v. 9 Chapman, Cole v.

34 Beams et al. v. Denham et al. 58 Chicago, Kinzie v.

187 Beaubien v. Brinckerhoff 269 Chrisman, Leggett v.

46 Beaubien et al. v. Holmes et Clark, Emerson v.

489 al. 276 Clement, Delahay v.

575 Beaubien v. Sabine 457 Cline, Scammon v.

456 Beck, Van Winkle et al. v. 488 Cloud, People v.

362 Beecher et al. v. James et al. 462 | Cole v. Chapman

34 Benjamin v. Dalahay

574 Coleman v. Henderson et al. 251 Berry, Savage et al. v. 545 Collins v. Robinson

509 Berry v. Savage et al. 261 Colton, Adams v.

71 Birge, Lansing v. 375 | Conradi et al. v. Evans et al.

185 Blair, Hamilton v.

276 Cook, Lincoln et al. v. 61 Blanchard, Elston v. 420 County of Macoupin, Hoxey v. 36 Bowen, Ogden ct al. . 33 Cowhick v. Gunn et al. 417 ,

339 Cowles et al. v. Litchfield 356 Brewster et al. v. James et al. 464 Creach v. Taylor

277 Brewster et al. v. Scarborough 280 Crofts v. The People 442 Brinckerhoff, Beaubien v. 269 Cross v. Bryant et al.

36 Brookbank v. Smith 78 Cushing v. Dill

460 VOL. II.

с

Daley, Vandyke v.

564 | Hamilton, Russel et al. v. 56 Davenport v. Gear et al. 495 | Hamilton v. Blair

276 Delahay, Benjamin v. 574 Hancock County v. Marsh 491 Delahay v. Clement. 575 | Harlan v. Scott

65 Denham et al., Beams et al. v. 58 | Harmon et al. v. Thornton 351 Derby, Owens et al. v. 26 Harney et al. v. Lamborn 480 Dickinson et al., Riggs v. 437 | Harris v. Jenks

475 Dill, Cushing v. 460 Harrison v. Singleton

21 Dormady v. State Bank of Illi Haskell, Jackson v.

565 nois

236 Hayes v. Gorham et al. 429 Downing, Allen et al. v. 454 | Heaton v. Kemper

367 Duncan v. McAffee

559 Heirs of Henry, Thornton v. 218 Dunlap, James et al. v. 481 Henderson et al., Coleman v. 251 Dunseth v. Wade et al. 235 Hobbs, Reed et al. v. 297

Holbrook et al. v. Vibbard et Edmunds, Gleason et al v. 443 al.

465 Eldredge et al, v. Huntington 535 Holbrook v. The Peoria Bridge Ellett v. Todd et al. 214 Company

32 Elston v. Blanchard

420 Holcomb v. Ilinois and MichEmerson v. Clark

489
igan Canal

228 Evans v. Landon

53 Holmes et al., Beaubien et al. v. Evans et al., Conradi el al. v. 185

276 Evans, State v.

208 Houghton, Spragins v. 211 Evans v. Pierce et al. 468 Houghton, Spragins v. 377 Evans v. Lohr

511 Hoxey v. The County of MaEx parte, Fellows 369 coupin

36

Hubbard et al. v. Harris 279 Fellows, Ex parte 369 Hudnut, Kinney v.

472 Field v. The People

79 | Hughill, James et al. v. 361 Finch, Mason v.

223 Humphries, Campbell v. 478 Finch, Smith v. 321 Hunter v. Sherman

539 Fletcher, People v.

482 Huntington, Eldridge et al. v. 535 Forsyth et al. v. Baxter et al. 9 Frisby et al., Ballance v. 03 Illinois and Michigan Canal, Funk et al., Vance et al. v. 203 Holcomb v.

228

Galusha v. Butterfield et al. 227 Jackson v. The People 231 Gatewood, Towell et al. v. 22 Jackson v. Haskell

505 Gear et al., Davenport v. 495 Jacksonville, King et al. v. 305 Gillham v. State Bank of Illi James et al. v. Hughill 361 nois

245 James et al., Beecher et al. v. 462 Gillett et al., Salisbury et al. v. 290 James et al., Brewster et al. v. 464 Gleason et al. v. Edmunds 448 James et al. v. Dunlap 481 Gorham et al. v. Peyton 363 Jenks, Harris v.

475 Gorham et al., Hayes v. 429 Johnson, McConnel v. 522 Greenup v. Porter et al.

417 | Jones et al., Van Horn v. 1 Greenwood v. Spiller 502 | Jones v. Sprague

55 Gregory, Purkett et al. v. 44 Jones v. The People

477 Gregory, Merriweather v. 50 Griggs, Townsend et al. v. 365 | Kemper, Heaton v.

367 Grover, Morris v. 528 Kimball v. Kent

217 Gunn et al., Cowhick v. 417 King et al. v. Jacksonville 305

Kinney v. Hudnut

472 Hallett, The People v. 566 Kinzie v. Chicago

187

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TABLE OF THE CASES REPORTED.

xvii

Kinzie v. Penrose

515 Morrison et al. v. Rogers 317
Kirkland v. Lott et al.
13 | Morris v. Grover

528
Kyle v. Thompson et al. 432 Myers, Olney v.

311
Myers v. Aikman

452

Lamborn, Harney et al. v. 450

Lampsett v. Whitney 411 Needles, The People v. 361

Landon, Evans v.
53 Nixon v. The People

267

Lansing v. Birge
375 Nye v. Wright

2:22

Lawrence v. Yeatman et al. 15

Lea v. Vail

473 O'Briant, Saunders v. 369

Leggett v. Chrisman

46 Ogden et al. v. Bowen 33

Lewis et al., McFarland et al. Ogden, Shepard v.

344 Olney v. Myers

311

Lincoln et al. v. Cook
61 Owens et al. v. Derby

26

Litchfield, Cowles et al. v. 356

Little v. Carlisle et al. 375 Pearson, The People v. 189
Lohr, Evans v.
511 Penrose, Kinzie v.

,515
Lott et al., Kirkland v. 13 | People v. Cloud

302
Lowry et al. v. Bryant 2 People, Crofts v.

442
People, Field v.

79

Macoupin County, Hoxey v. 36 People v. Fletcher

482

Manning et al v. Pierce 4 People v. Hallett

566

Manning, Stone et al. v. 530 People, Jackson v.

231

Marsh, Hancock County v. 491 People, Jones v.

477

Martin, White et al. v. 69 People, Miller v.

233

Martin, Russel et al. v. 492 People, Mcllatton r'.

566

Mason r. Finch
2:23 | People v. Needles

361

Mastin v. Toncray
216 People, Nixon v.

267

McAdams, Stout v.
67 People v. Pearson

189

McAffee, Duncan v. 559 People, Quigley v.

301

McClellan, Burton 1. 434 People v. Rockwell

3

McConnel et al., Ayers 1.

307

People, Shirtliff v.

McConnel v. Thomas 313 People, Stone v.

326

McConnel v. Reed

371

People v. The Auditor 567

McConnel v. Johnson

522 Peoria Bridge Company, Hol-

McConnel v. Swailes
571 brook v.

32

McDowell, Ballentine v. 28 Peyton, Gorham et al. v. 363

McFarland et al. v. Lewis et Pierce, Manning et al. v. 4
al.

314 Pierce et al., Evans v. 468

McGoon, Wann v.

Porter et al., Greenup v. 417

McHatton, Warren v.

32 Purkett et ul. v. Gregory 44

McHatton v. The People 566

McHenry v. Ridgely 309 Quigley v. The People 301

McKee v. Brandon

339

Merriweather v. Gregory 50 Raplee v. Morgan

561

Merriweather et al. v. Smith et Reed et al. v. Hobbs

297

al.
30 Reed, McConnel v.

371

Miles, Semple v.

315 Rider et al. v. Alleyne 474
Miller v. The People 233 Ridgely, McHenry v. 309
Mills et al. v. Brown et al. 548

Riggs v. Dickinson et al. 437
Mitcheltree v. Stewart et al. 17 | Robertson, Camden et al. v. 507
Montgomery, Bank of Wash Robinson v. Burkell

278
tena w v.
422 | Robinson v. Rowan

499
Morgan, Raplee v.
561 | Robinson, Collins v.

509

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