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16. WATER-FOOD.] § 16. The keeper of the jail shall furnish each prisoner, daily, with as much clean water as may be necessary for drink and personal cleanliness, and serve him three times a day with wholesome food, well cooked, and in sufficient quantity.

17. PERMITTED TO HAVE FOOD, CLOTHING, ETC.] § 17. Every sheriff, jailer or other person to whose custody or keeping any person is committed by virtue of any writ or process, or for any criminal offense, except on conviction of a fel ony, shall permit such person, at his will and pleasure, to send for and have any food, clothing, bedding or linen he may think fit for his comfort, without any manner of restraint, hindrance or detention, and without requiring him to pay for the right to have the same. [L. 1872, p. 672, § 1.

18. LIQUOR FORBIDDEN.] § 18. If any such sheriff, jailer or other person shall permit any such prisoner to send for or have any spirituous, vinous or malt liquor, except when prescribed by some respectable physician as a medicine, such sheriff, jailer or other person shall be fined not less than $100 nor exceeding $500 for each offense. [See "Crim. Code.," ch. 38, § 210. L. 1872, p. 672, § 1.

19. BEDDING, CLOTHING, ETC., FURNISHED.] § 19. The keeper of the jail shall furnish necessary bedding, clothing, fuel and medical aid for all prisoners under his charge, and keep an accurate account of the same. [L. 1847, p. 55, § 1. 20. JAIL KEPT CLEAN-WHITEWASHED.] § 20. The jailer shall keep the jail in as cleanly and healthful a condition as may be, and shall cause the whole interior thereof to be thoroughly whitewashed with lime at least once every months, and the walls and floors of each room, while any person is confined therein, to be so whitewashed once in each month between the first day of May and the first day of November. [L. 1847, p. 55, § 1.

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21. BUCKETS.] § 21. Every room occupied by a prisoner shall, except when the same is furnished with closets cleansed by water, be furnished with a suitable bucket with a cover made to shut tight, for the necessary accommodation of such prisoner, and such bucket, when used, shall be emptied daily and constantly kept in good order.

22. PERSONAL CLEANLINESS.] § 22. The keeper of the jail shall see that strict attention is constantly paid to the personal cleanliness of all prisoners confined in the jail.

23. PENALTY.] § 23. Any sheriff or jailer who shall fail or refuse to comply with the provisions of either of sections 16, 17, 18, 19, 20, 21 and 22, shall be fined not exceeding $100. [L. 1848, p. 55, § 3.

24. EXPENSES PAID BY COUNTY.] § 24. The cost and expense of keeping, maintaining and furnishing the jail of each county, and of keeping and maintaiuing the prisoners thereof, except as otherwise provided by law, shall be paid from the county treasury, the account therefor being first settled and allowed by the county board. [L. 1847, p. 55, § 2; L. 1849, p. 119, § 1.

25. IMPRISONED IN ANOTHER COUNTY-EXPENSES.] § 25. Whenever a prisoner is committed to the jail of one county for a criminal offense committed or charged to have been committed in another, or is transferred to another county for safe keeping or trial, the county in which the crime was committed, or charged to have been committed, shall pay the expenses of the keeping of such prisoner, unless the same are paid by the prisoner. In civil suits, the plaintiff or defendant shall pay the expenses, in the same manner as if the imprison ment had taken place in the same county where the suit was commenced. [R. S. 1845, p. 298, § 14.

26. GRAND JURY TO VISIT JAIL.] § 26. It shall be the duty of the grand jury, or a committee of not less than three of its members, at each term, except in the county of Cook, and in that county as often as every other term, to visit the jail and examine its condition and the treatment of the prisoners, and make report thereof to the court, and particularly whether any of the provisions of this act have been violated or neglected, and the causes of such violation or neglect. [R. S. 1845, p. 297, § 7.

27. COURT TO ENFORCE DUTY OF GRAND JURY.] § 27. The circuit courts of the respective counties, except Cook county, and the criminal court of Cook county, shall see that the grand jury performs the duty imposed upon it by the preceding section, and said report being made, a copy thereof shall be transmitted by the clerk of the court to the county clerk, who shall lay the same before the county board at its next meeting.

28. COURT TO INQUIRE INTO CONDITION OF JAIL, ETC.] § 28. It shall also be the duty of the circuit court of each county, at every term thereof, except in Cook county, and of the criminal court of Cook county as often as every other term, to inquire into the condition of the jail and the treatment of the prisoners, and to see that all prisoners, civil and criminal, are humanely treated, and that the keeper of the jail does not neglect any of his duties under this act, and such court may make all proper orders in the premises against the keeper of the jail, and enforce the same by the process of the court. [R. S. 1815, p. 297, § 7.

SECTION

CHAPTER 76.

JOINT RIGHTS AND OBLIGATIONS.

1. Joint tenants-right of survivorship abolished.

2. When trespass or trover lies as between joint tenants, etc.

SECTION

3. What held joint and several covenants.

AN ACT to revise the law in relation to joint rights and obligations. [Approved February 25, 1874. In force July 1, 1874.]

1. JOINT TENANTS-RIGHTS OF SURVIVORSHIP ABOLISHED.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That if partition be not made between joint tenants, the parts of those who die first shall not accrue to the survivors, but descend or pass by devise, and shall be subject to debts, dower, charges, etc., or transmissable to executors or administrators, and be considered, to every intent and purpose, in the same view as if such deceased joint tenants had been tenants in common. [R. S. 1815, p. 299, § 1.

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2. WHEN TRESPASS OR TROVER MAY BE BROUGHT.] § 2. If any person shall assume and exercise exclusive ownership over, or take away, destroy, in value, or otherwise injure or abuse any property held in joint tenancy or tenancy in common, the party aggrieved shall have his action of trespass or trover for the injury, in the same manner as he would have if such joint tenancy or tenancy in common did not exist. [R. S. 1845, p. 299, § 2.

3. WHAT HELD JOINT AND SEVERAL.] § 3. All joint obligations and cove nants shall be taken and held to be joint and several obligations and covenants. [R. S. 1845, p. 299, § 3.

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AN ACT in regard to judgments and decrees, and the manner of enforcing the same by execution, and to provide for the redemption of real estate sold under execution or decree. [Approved March 22, 1872. In force July 1, 1872. L. 1871-2, p. 505.]

1. LIEN OF JUDGMENT.] § 1. Be it enacted by the People of the State of Illnois, represented in the General Assembly, That a judgment of a court of record shall be a lien on the real estate of the person against whom it is obtained, situated within the county for which the court is held, from the time the same is rendered or revived for the period of seven years, and no longer: Provided, that there shall be no priority of the lien of one judgment over that of another rendered at the same term of court, or on the same day in vacation. When execution is not issued on a judgment within one year from the time the same becomes a lien, it shall thereafter cease to be a lien; but execution may issue on such judgment at any time within said seven years, and shall become a lien on such real estate from the time it shall be delivered to the sheriff, or other proper officer, to be executed. [R. S. 1845, p. 300, § 1.

2. TIME OF RESTRAINT DEDUCTED.] § 2. When the party in whose favor a judgment is rendered is restrained, by injunction out of chancery, or by appeal, or by the order of a judge or court, or is delayed, on account of the death of the defendant, either from issuing execution or selling thereon, the time he is so re

strained or delayed shall not be considered as any part of the time mentioned in sections 1 or 6 of this act. [R. S. 1815, p. 300, § 1.

3. DEFINITION OF "REAL ESTATE." § 3. The term "real estate," when used in this act, shall include lands, tenements, hereditaments, and all legal and equitable rights and interests therein and thereto, including estates for the life of the debtor or of another person, and estates for years, and leasehold estates, when the unexpired term exceeds five years. [R. S. 1845, p. 300, § 1.

4. EXECUTION.] § 4. The person in whose favor any judgment, as aforesaid, may be obtained, may have execution thereon in the usual form, directed to the proper officer of any county, in this state, against the lands and tenements, goods and chattels of the person against whom the same is obtained, or against his body, when the same is authorized by law. [R. S. 1845, p. 301, § 5.

5. EXECUTION AGAINST BODY.] § 5. No execution shall issue against the body of the defendant, except when the judgment shall have been obtained for a tort committed by such defendant, or unless the defendant shall have been held to bail upon a writ of capias ad satisfaciendum as provided by law, or he shall refuse to deliver up his estate for the benefit of his creditors. [See "Const.," art. 2, § 12. R. S. 1845, p. 301, § 6.

6. NO EXECUTION AFTER SEVEN YEARS-VENDITIO EXPONAS.] § 6. No execution shall issue upon any judgment after the expiration of seven years from the time the same becomes a lien, except upon the revival of the same by scire facias; but real estate levied upon within said seven years may be sold upon a venditio rei exponas, at any time within one year after the expiration of said seven years. [See "Limitations," ch. 83, § 25.

7. INTEREST.] § 7. Every execution issued upon a judgment shall direct the collection of interest thereon, from the date of the recovery of the judgment until the same is paid, at the rate of six per centum per annum. [See "Interest," ch. 74, § 3. R. S. 1845, p. 301, § 4; L. 1869, p. 238, § 1.

8. WHEN RETURNABLE.] § 8. Executions and writs of venditio rei exponas shall be made returnable ninety days after the date thereof. [R. S. 1845, p. 301, § 8.

9. WHEN EXECUTION BINDS PERSONALLY-NOTING RECEIPT OF.] § 9. No execution shall bind the goods and chattels of the person against whom it is issued, until it is delivered to the sheriff or other proper officer to be executed; and for the better manifestation of the time, the sheriff or other officer shall, on receipt of such writ, indorse upon the back thereof the day of the month and year and hour when he received the same. [R. S. 1845, p. 301, § 8.

10. WHAT LIABLE TO EXECUTION.] § 10. All and singular the lands, tenements, real estate, goods and chattels (except such as is by law declared to be exempt) of every person against whom any judgment has been or shall be hereafter obtained in any court of record, for any debt, damages, costs, or other sum of money, shall be liable to be sold upon execution, to be issued upon such judgment. [R. S. 1845, p. 300, § 1.

11. ELECTION OF PROPERTY.] § 11. The person in whose favor execution is issued, may elect on what property not exempt from execution he will have the same levied, provided personal property shall be last taken. [R. S. 1845, p. 301, $9.

12. SALES IN SEPARATE TRACTS, ETC.] § 12. When real or personal property is taken in execution, if the same is susceptible of division it shall be sold in separate tracts, lots or articles, and only so much shall be sold as is necessary to satisfy the execution and costs. [R. S. 1845, p. 302, § 10.

13. PARTICIPATION OF EXECUTIONS.] § 13. When the lien of several judg ments is concurrent, by reason of the same having been rendered at the same term of court or on the same day in vacation, and execution issued upon any one of such judgments is levied upon property subject to such lien, the property so levied upon shall be sold for the benefit of all executions issued upon such judg. ments, and delivered to the same officer or any of his deputies before sale; and

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