§ 6. The United States mail shall at all times be transported on the said railroad under the direction of the post office department, at such price as the congress may by law direct.

§ 7. In order to aid in the continuation of said Central railroad from the mouth of the Ohio river to the city of Mobile, all the rights, privileges and liabilities herein before conferred on the state of Illinois shall be granted to the states of Alabama and Mississippi respectively, for the purpose of aiding in the construction of a railroad from said city of Mobile to a point near the mouth of the Ohio river, and that public lands of the United States, to the same extent in proportion to the length of the road, on the same terms, limitations and restrictions in every respect, shall be and is hereby granted to said states of Alabama and Mississippi respectively.

SWAMP LANDS.

Act September 28, 1850; 9 Stat. at large, p. 519.

§ 1. To enable the state of Arkansas to construct the necessary levees and drains to reclaim the swamp and overflowed lands therein, the whole of those swamp and overflowed lands, made unfit thereby for cultivation, which shall remain unsold at the passage of this act, shall be and the same are hereby granted to said state.

§ 2. It shall be the duty of the secretary of the interior, as soon as may be practicable after the passage of this act, to make out an accurate list and plats of the lands described as aforesaid, and transmit the same to the governor of the state of Arkansas, and, at the request of said governor, cause a patent to be issued to the state therefor; and on that patent, the fee simple to said lands shall vest in the said state of Arkansas, subject to the disposal of the legislature thereof: Provided, however, that the proceeds of said lands, whether from sale or by direct appropriation in kind, shall be applied, exclusively, as far as necessary, to the purpose of reclaiming said lands by means of the levees and drains aforesaid.

§ 3. In making out a list and plats of the land aforesaid, all legal subdivisions, the greater part of which is "wet and unfit for cultivation," shall be included in said list and plats; but when the greater part of a subdivision is not of that character, the whole of it shall be excluded therefrom.

§ 4. The provisions of this act be extended to, and their benefits be conferred upon, each of the other states of the Union in which such swamp and overflowed lands, known and designated as aforesaid, may be situated.

Act March 2, 1855; 10 Stat. at large, p. 634.

§ 1. That the president of the United States cause patents to be issued, as soon as practicable, to the purchaser or purchasers, locator or locators, who have made entries of the public lands, claimed as swamp lands, either with cash, or with land warrants, or with scrip, prior to the issue of patents to the state or states, as provided for by the second section of the act approved September 28, 1850, entitled "An act to enable the state of Arkansas and other states to reclaim the swamp lands within their limits," any decision of the secretary of the interior, or other officer of the government of the United States, to the contrary notwithstanding: Provided, that in all cases where any state, through its constituted authorities, may have sold or disposed of any tract or tracts of said land to any individual or individuals prior to the entry, sale, or location of the same, under the pre-emption or other laws of the United States, no patent shall be issued by the president for such tract or tracts of land, until such state, through its constituted authorities, shall release its claim thereto, in such form as shall be prescribed by the secretary of the interior: And, provided, further, that if such state shall not, within ninety days from the passage of this act, through its constituted authorities, return to the general land office of the United States a list of all the

lands sold as aforesaid, together with the dates of such sale, and the names of the purchasers, the patents shall be issued immediately thereafter, as directed in the foregoing section.

§ 2. Upon due proof, by the authorized agent of the state or states, before the commissioner of the general land office, that any of the lands purchased were swamp lands, within the true intent and meaning of the act aforesaid, the purchase money shall be paid over to the said state or states; and where the lands have been located by warrant or scrip, the said state or states shall be authorized to locate a quantity of like amount, upon any of the public lands subject to entry, at one dollar and a quarter per acre, or less, and patents shall issue therefor, upon the terms and conditions enumerated in the act aforesaid: Provided, however, that the said decisions of the commissioner of the general land office shall be approved by the secretary of the interior.

AGRICULTURAL COLLEGE LANDS.

Act July 2, 1862; 12 Stat. at large, p. 503.

1. That there be granted to the several states, for the purposes hereinafter mentioned, an amount of public land to be apportioned to each state a quantity equal to thirty thousand acres for each senator and representative in congress to which the states are respectively entitled by the apportionment under the census of 1860: Provided, that no mineral lands shall be selected or purchased under the provisions of this act.

§ 2. The land aforesaid, after being surveyed, shall be apportioned to the several states in sections, or subdivisions of sections not less than one quarter of a section; and whenever there are public lands in a state subject to sale at private entry at one dollar and twenty-five cents per acre, the quantity to which said state shall be entitled shall be selected from such lands within the limits of such state, and the secretary of the interior is hereby directed to issue to each of the states in which there is not the quantity of public lands subject to sale at private entry at one dollar and twenty-five cents per acre, to which said state may be entitled under the provisions of this act, land scrip to the amount in acres for the deficiency of its distributive share; said scrip to be sold by said states and the proceeds thereof applied to the uses and purposes prescribed in this act, and for no other use or purpose whatsoever: Provided, that in no case shall any state to which land scrip may thus be issued be allowed to locate the same within the limits of any other state, or of any territory of the United States, but their assignees may thus locate said land scrip upon any of the unappropriated lands of the United States subject to sale at private entry at one dollar and twentyfive cents, or less, per acre: And, provided, further, that not more than one million acres shall be located by such assignees in any one of the states: And, provided, further, that no such location shall be made before one year from the passage of this act.

§3. All the expenses of management, superintendence, and taxes from date of selection of said lands, previous to their sales, and all expenses incurred in the management and disbursement of the moneys which may be received therefrom, shall be paid by the states to which they may belong, out of the treasury of said states, so that the entire proceeds of the sale of said lands shall be applied without any diminution whatever to the purposes hereinafter mentioned. § 4. All moneys derived from the sale of the lands aforesaid by the states to which the lands are apportioned, and from the sales of land scrip hereinbefore provided for, shall be invested in stocks of the United States, or of the states, or some other safe stocks, yielding not less than five per centum upon the par value of said stocks; and that the moneys so invested shall constitute a perpetual fund, the capital of which shall remain forever undiminished, (except so far as may be provided in section fifth of this act,) and the interest of which shall be inviolably appropriated, by each state which may take and claim the benefit of this act, to

the endowment, support and maintenance of at least one college where the leading object shall be, without excluding other scientific and classical studies, and including military tactics, to teach such branches of learning as are related to agriculture and the mechanic arts, in such manner as the legislatures of the states may respectively prescribe, in order to promote the liberal and practical education of the industrial classes in the several pursuits and professions in life.

§ 5. The grant of land and land scrip hereby authorized shall be made on the following conditions, to which, as well as to the provisions herein before contained, the previous assent of the several states shall be signified by legislative acts: First-If any portion of the fund invested, as provided by the foregoing section, or any portion of the interest thereon, shall, by any action or contingency, be diminished or lost, it shall be replaced by the state to which it belongs, so that the capital of the fund shall remain forever undiminished; and the annual interest shall be regularly applied without diminution to the purposes mentioned in the fourth section of this act, except that a sum, not exceeding ten per centum upon the amount received by any state under the provisions of this act, may be expended for the purchase of lands for sites or experimental farms, whenever authorized by the respective legislatures of said states.

Second-No portion of said fund, nor the interest thereon, shall be applied, directly or indirectly, under any pretense whatever, to the purchase, erection, preservation or repair of any building or buildings.

Third-Any state which may take and claim the benefit of the provisions of this act shall provide, within five years, at least not less than one college, as described in the fourth section of this act, or the grant to such state shall cease; and said state shall be bound to pay the United States the amount received of any lands previously sold, and that the title to purchasers under the state shall be valid.

Fourth-An annual report shall be made regarding the progress of each college, recording any improvements and experiments made, with their costs and results, and such other matters, including state industrial and economical statistics, as may be supposed useful; one copy of which shall be transmitted by mail free, by each, to all the other colleges which may be endowed under the provisions of this act, and also one copy to the secretary of the interior.

Fifth-When lands shall be selected from those which have been raised to double the minimum price, in consequence of railroad grants, they shall be computed to the states at the maximum price, and the number of acres proportionally diminished.

Sixth-No state, while in a condition of rebellion or insurrection against the government of the United States, shall be entitled to the benefit of this act.

Seventh-No state shall be entitled to the benefits of this act unless it shall express its acceptance thereof by its legislature within two years from the date of its approval by the president.

§ 6. Land scrip issued under the provisions of this act, shall not be subject to location until after the 1st day of January, 1863.

§ 7. The land officers shall receive the same fees for locating land scrip issued under the provisions of this act as is now allowed for the location of military bounty land warrants under existing laws: Provided, their maximum compensation shall not be thereby increased.

§ 8. The governors of the several states to which scrip shall be issued under this act, shall be required to report annually to congress all sales made of such scrip until the whole shall be disposed of, the amount received for the same, and what appropriation has been made of the proceeds.

Act April 14, 1864; 13 Stat. at large, p. 47.

§ 1. Any state or territory may accept and shall be entitled to the benefits of the act entitled "An act donating public lands to the several states and territo ries which may provide colleges for the benefit of agriculture and the mechanic arts," approved July 2d, 1862, by expressing its acceptance thereof as provided in said act, within two years from the date of the approval of this act, subject, however, to the conditions in said act contained.

AN ACT to revise the law in relation to abatement. [Approved March 2, 1874. In force July 1, 1874.]

1. WHEN MUST BE VERIFIED BY AFFIDAVIT.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That no plea in abatement, other than a plea to the jurisdiction of the court, or when the matters relied upon to establish the truth thereof appear of record, shall be admitted, unless the same is verified by the affidavit of the person offering the same, or of some other person for him. [R. S. 1845, p. 43, § 1.

2. INSUFFICIENT PLEA-COSTS.] § 2. When a plea in abatement is adjudged insufficient, by the court, the plaintiff shall recover all costs in the suit to the time of overruling such plea. [R. S. 1845, p. 43, § 2.

3. AMENDMENTS.] 3. No action or proceeding shall be defeated by plea in abatement, if the defect found is capable of amendment and is amended on terms prescribed by the court. [See "Practice," ch. 110, § 24; "Amendments and Jeofails," ch. 7.

4. NON-JOINDER OF DEFENDANTS-AMENDMENT.] 4. When a defendant in an action upon a contract, express or implied, pleads in abatement the nou-joinder

of any other person as defendant, the court shall, at any time before issue joined on such plea, allow the plaintiff to amend his declaration by inserting therein the name of the person named in such plea, and declaring against him jointly with the original defendant. [See "Practice," ch. 110, § 24. R. S. 1845, p. 43, § 3.

5. SUMMONS AGAINST NEW DEFENDANT.] § 5. The plaintiff shall thereupon sue out a new summons against the person so made defendant, (unless he enters his appearance,) returnable in like manner as other summons, requiring such defendant to appear and answer the original action. [See "Practice," ch. 110, § 25. R. S. 1845, p. 43, § 3.

6. WHEN SUIT MAY PROCEED.] § 6. Upon the return of such summons served upon such new defendant, or upon his appearance, the suit may proceed in all respects as if he had been made a party at the commencement of the suit. [R. S. 1845, p. 43, § 3.

7. WHEN NEW DEFENDANT NOT SERVED.] § 7. If a new defendant cannot be served with process, the plaintiff, on the return of such summons, may proceed as in other cases in which service is had on part of the defendants only. [ [See "Practice," ch. 110, § 10. R. S. 1845, p. 44, § 4. 8. SECOND PLEA.] § 8. No second plea in abatement for the non-joinder of defendants shall be allowed to the same defendant in the same case. [R. S. 1815, p. 44, § 4.

9. MARRIAGE OF FEME SOLE NOT TO ABATE.] § 9. No action, proceeding or complaint, in law or equity, commenced by or against a feme sole, either alone or with others, shall abate on account of her intermarriage before final judgment, but she may continue to prosecute or defend the same in like manner as if she were sole. [R. S. 1845, p. 44, § 5, 6.

10. DEATH OF SOLE PLAINTIFF-REVIVING SUIT.] § 10. When there is but one plaintiff, petitioner or complainant in an action, proceeding or complaint, in law or equity, and he shall die before final judgment or decree, such action, proceeding or complaint shall not on that account abate, if the cause of action survive to the heir, devisee, executor or administrator of such decedent, but any of such to whom the cause of action shall survive, may, by suggesting such death upon the record, be substituted as plaintiff, petitioner or complainant, and prosecute the same as in other cases. [R. S. 1845, p. 44, § 7.

11. DEATH OF SOLE DEFENDANT-REVIVAL AGAINST EXECUTORS, ETC. | § 11. When there is but one defeudant in an action, proceeding or complaint, in law or equity, and he dies before final judgment or decree, such action, proceeding or complaint shall not on that account abate, if it might be originally prosecuted against the heir, devisee, executor or administrator of such defendant, but the plaintiff, petitioner or complainant may suggest such death on the record, and shall, by order of the court, have summons against such person or legal representative, requiring him to appear and defend the action, proceeding or complaint, after which it may proceed as if it had been originally commenced against him. R. S., p. 44, § 8.

12. DEATH OF PART OF PLAINTIFFS OR DEFENDANTS.] § 12. When there are several plaintiff's, petitioners or complainants, or defendants in an action, proceeding or complaint, in law or equity, the cause of which survives, and any of them die before final judgment or decree, the action, proceeding or complaint shall not on that account abate, but such death may be suggested on the record, and the cause proceed at the suit of the surviving plaintiff, petitioner or complainant, or against the surviving defendant, as the case may be, in all cases as if such persons had been originally sole parties to the suit. [R. S. 1845, p. 44, § 9. 13. DEATH OF ALL PLAINTIFFS OR DEFENDANTS.] § 13. If, in the case mentioned in the preceding section, all the plaintiffs, petitioners or complainants, or all the defendants die, the cause may be prosecuted or defended by or against the heir, devisee, executor or administrator to or against whom the cause survives, of the last surviving plaintiff, petitioner, complainant or defendant respectively, in like manner as if the survivor had been originally the only plaintiff, petitioner, complainant or defendant. [R. S., p. 98, § 40,