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Full text of "Laws of Illinois"

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DOCUMENTS COLLECTtON 

DO NOT TAK?! F^G^: TH!3 ROOM 



SHELVED !M LAWCOLLECTJON 



WESTERN ILLINOIS UNIVERSITY LIBRARY 




3 1711 00611 7522 



WtST£ftN 



THE 



LAWS OF ILLINOIS, 



PASSED 



\T SEVENTH GENERAL ASSEMBLY, AT THEIR SESSION HELD AT 

TANDALIA, COMMENCING ON THE FIRST MONDAY IN 

DECEMBER, 1830. 



PUBLISHED IN PURSUANCE OF IiAW. 



VANDALIA: 

PUBLISHED BT 

ROBERT BLACKWEl.L, PUBLIC PRINTER. 

1831. 



■' f 



CONTENTS. 



A 

APPORTIONMENT, 5 

APPROPRIATIONS, 9 

AUDITOR, 17 

AUDITOR AND TREASURER, . - . . 18 

B 

BRIDGES, 19 

C 

CANALS, - - ..-..- 39 

CIRCUIT COURTS, 44 

CLERKS, - - - 48 

COMMISSIONERS' COURTS, .... 49 

COUNTIES, .50 

COUNTY SEATS, 62 

D 

DISTRICTS, . 70 

DIVORCES, - - 71 

£ 

EDUCATION, -.-..-.. 73 

ELECTIONS, 74 

F 

FERRIES, - . - 76 

FRANKFORT, 80 

H 

HILLSBOROUGH, 80 

I 

IDIOTS, &c. 81 

IMPROVEMENTS ON PUBLIC LAND, - - 82 

INCORPORATIONS, 82 

J 

JUSTICES OF THE PEACE AND CONSTABLES, 88 

L 

LANDLORDS AND TENANTS, .... 88 

LICENSES, 89 

LOAN, 92 

M 

MILITIA, 94 

MILLS AND MILL DAMS, 97 

MINORS, &<- - 100 



CONTENTS. 

N 

NEGROES, &c. -.-..-- 101 

NORTHERN BOUNDARY, _ .. . . 101 

O 

OATHS, &c. 102 

P 

PENITENTIARY, - - - -. - - 103 

PRACTICF., - - - 113 

PUBLIC RECORDS, &c. 114 

R 

RELIEF, - - - - - - - in 

REVENUE, 124 

RIVERS, - - 126 

ROADS, - 128 

S 

SALINES, 162 

S\LINE RESERVES, &c. ... - 165 

SECRETARY OF STATE, 169 

SEMINARY LANDS, .--..- 17L 

SCHOOL LANDS, - 1^2 

SHAWNEETOWN, 1J6 

SHERIFFS AND CORO^ERS, ' ' ' }11 

STATE BANK, J^f 

ST \TE HOUSE, IS 

STATE TREASURER, If 6 

SUPREME COURT, 18v 

W 

WATER CRAFT, &c. - - - - - * 189 

WILLS, &c. ...----- 191 

AUDITOR'S REPORT, 19^ 

TREASURER'S REPORT, - - - - 200 



STATUTE LAWS 
or THE 

STA^rE OF IlililNOI^; 

PUBLISHED UNDER THE DIRECTION AND AUTHORITY OF m. 
THE GENERAL ASSEMBLY. ' 



APPORTIONMENT . 

4N ACT TO APPORTION THE REPRESENTATION OF TUB Jj^ yoRCJB 

SEVERAL COUNTIES IN THIS STATE. FbB. 7, 1831. 

Section I. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly, That until 
;he next census, provided for by the constitution, shall be 
raken, and an apportionment be made, the several counties 
in this state shall be entitled to the following representa- 
tion in the General Assembly, to wit: The counties of 
Alexander and Union one representative each, and the Distributioa 
two together one senator. The counties of Johnson and of memberi to 
Pope one representative each, and the two together one courUiM. 
senator. The county of Gallatin two representatives 
and one senator. The counties of Franklin and A¥ash- 
ington together two representatives ; the county of Jack- 
son one representative; and the three together one 
senator. The counties of Randolph and Perry together 
two representatives and one senator. The county of 
St. Clair two representatives and one senator. The 
county of Madison two representatives and one senator. 
The counties of Monroe and Clinton one representative 
each; and the two together one senator. The counties 
of Bond, Macoupin, and Montgomery, one representative 
each ; and the three together one senator. The county 
of Greene three representatives, and one senator. The 
counties of Hamilton and Jefferson one representativfe 
each; and the two together one senator. The countie* 
of Edwards, Wayne, and Wabash, one repieientatira f 



f 



^ APPORTIONMENT, 

each ; and the three together one senator. The county 
of Fayette one representative ; the counties of Marion 
and Clay together one representative; and the three 
together one senator. The counties of Shelby and Macon 
together one representative, and one senator. The 
counties of Tazewell and McLean together one repre- 
sentative, and one senator. The county of White two 
representatives, and one senator. The counties of 
Lawrence and Crawford one representative each; and 
the two together one senator. The counties of Edgar, 
Clark, and Coles, one representative each; and the 
three together one senator. The county of Vermilion 
two representatives, and one senator. The county of 
^ Sangamon four representatives, and two senators. The 
^ county of Morgan four representatives, and two senators. 
The counties of Hancock, Pike, and Adams, together 
two representatives, and one senator. The county of 
Schuyler one representative; the counties of Fulton, 
Knox, and Henry, together one representative; the 
counties of Calhoun, McDonough,. Warren, and Mercer, 
together one representative ; and the counties of Schuy- 
ler, Fulton, Knox, Henry, Calhoun, McDonough, War- 
ren, and Mercer, together one senator. The counties of 
Peoria, Jo Daviess, Putnam, La Salle, and Cook, toge- 
ther one representative, and one senator. 
When several Sec. 2. Whenever in the preceding section two 
counties are q^ more counties are joined together for the purpose 
joined. ^£ gjg(,j-jj-^g representatives or senators, they shall form, 

and are hereby constituted, districts for that purpose. 
ElBctions. Sec. 3. At all future elections for senator or repre- 

sentatives, the clerks of the county commissioners courts 
in the district compc^sed of the counties of Alexander 
Clerks where ^^^^ Union, shall meet at the seat of justice of Union 
to meet to county, to compare the returns of the election for senator 
compare re- in said district. In the district composed of the counties 
" of Johnson and Pope, the clerks of the county commis- 

sioners courts shall meet at the seat of justice of Pope 
county, to compare the returns of the election for 
senator in that district. In the district composed of the 
counties of Franklin and Washington, the clerks of the 
county commissioners courts shall meet at the county 
seat of Franklin county, to compare the returns of the 
election for representatives ; and the clerks of the county 
commissioners courts of the senatoHal district, composed 
of the counties of Franklin, Jackson, and Washington, 
•hall meet at the county seat of Franklin county, to com- 
pare the returns of election for senator. The clerks of 



turns. 



APPORTIONMENT. 

the county commissioners courts of the counties of Ran- 
dolph and Perry, shall meet at the county seat of 
Randolph county, to compare the election returns for 
representatives and senator. In the district composed of 
the counties of Clinton and Monroe, the clerks of the 
county commissioners courts shall meet at the seat of 
justice of Clinton county, to compare the election returns 
for senator. In the district composed of the counties of 
Bond, Montgomery, and Macoupin, the clerks of the 
county commissioners courts shall m.eet at the seat of 
justice of Montgomery county, to compare the election 
returns for senator. In the district composed of the 
counties of Hamilton and Jefferson, the clerks of the 
county commissioners courts shall meet at the county 
seat of Hamilton county, to compare the election re- 
tarns for senator. In the district composed of the 
cobnties of Edwards, Wayne, and Wabash, the clerks of 
the county commissioners courts shall meet at the county 
seat of Edwards county, to compare the returns of 
the election for senator. The clerks of the county 
commissioners courts of the representative district, com- 
posed of the counties of Marion and Clay, shall meet 
at the county seat of Marion county, to compare the re- 
turns of the election for representative ; and the clerks of 
the county commissioners courts of the senatorial district, 
composed of the counties of Fayette, Marion, and Clay, 
shall meet at the county seat of Marion county, to com- 
pare the returns of election for senator. The clerks of 
the county commissioners courts of the district, composed 
of the counties of Shelby and Macon, shall meet at 
the county seat of Shelby county, to compare the returns 
of elections for senator and representative. The clerks 
of the county commissioners courts of the district, com- 
posed of the counties of Tazewell and McLean, shall 
meet at the county seat of McLean county, to compare 
the election returns for senator and representative. The 
clerks of the county commissioners courts of the district 
composed of the counties of Lawrence and Crawford, 
shall meet at the county seat of Lawrence county, 
to compare the election returns for senator. The clerks 
of the county commissioners courts of the district com- 
posed of the county of Edgar, Clark, and Coles, shall 
meet at the county seat of Edgar county, to compare 
the election returns for senator. The clerks of the 
county commissioners courts of the district, composed of 
the counties of Hancock, Adams, and Pike, shall meet 
at the county seat of Adams county, to compare the re- 



O APPORTIONMEXT- 

tums of elections for senator, and representatives. The 
clerks of the county commissioners courts of the district, 
composed of the counties of Fulton, Knox, and Henry, 
shall meet at the seat of justice of Fulton county, to com- 
pare the election returns for representative. The clerks 
of the county commissioners courts j{ the district, com- 
posed of the counties of Calhoun, McDonough, Warren, 
and Mercer, shall meet at the county seat of McDonough 
county, to compare the returns of elections for repre- 
sentative. The clerks of the county commissioners 
courts of the district, composed of the counties of Schuy- 
ler, Fulton, Knox, Henry, Calhoun, McDonough, AVar- 
ren, and Mercer, shall meet at the county seat of Knox 
county, to compaie the returns of the election for senator. 
The clerks of the county commissioners courts, of the 
district composed of the counties of Jo Daviess, Peoria, 
La Salle, Putnam, and Cook, shall meet at the seat 
of justice of Putnam county, to compare the returns 
of elections for senator and representative. 
Clerks to Sec. 4. The clerks of the county commissioners 

meet to com- courts above-named, shall meet at the several places 
Efteen^davs! hefore-me'^tioned, within fifteen days next after any 
election for senator or representative in any of the said 
districts, for the purpose of comparing the votes given at 
such election. 
Senators to be ^^^* ^' Within the first thirty days of the session of 
classed; the senate, the senator from the county of Vermilion, 
when, and and the senators from the districts composed of Bond, 
7 'Montgomery, and Macoupin, Tazewell and McLean, 
I ' elby and Macon, Peoria, Jo Daviess, Putnam, La Salle 
ai.d Cook, Schuyler, Fulton, Knry ""lenry, Calhoun, 
McDonough, Warren and Mercer, shall proceed to 
divide by lot their said number into two classes, t' e first 
class of which shall serve until the expiration of two 
years, from the first Monday of August, 1832; and the 
second class shall perve four years, from the first 
Monday in August, 1832. And in case of any vacancy 
occurring in any of the aforesaid offices, the same shall 
be filled in the manner prescribed by law for filling va- 
cancies in the General Assembly. 

[Approved, February 7th, 1831.] 



APPROPRIATIONS. 

AN ACT MAKING APPROPRIATIONS FOP. THE YEARS \^ ''°'^f^^.. 

lOQl 1 00(D 1" EB. io, 1831. 

io6l AND 1832. 

Sec. 1. Be it enacted by the people of the State of Illinois^ 
represented in the General Assembly^ That the sum o!" six 
thousand dollars is hereby set apart and appropriated, 
as a contingent fund, to meet the contingent expenses of Contingant 
the State for the years one thousand eight hundred andfi"»d. 
thirty-one, and one thousand eight hundred and thirty- 
two. The said contingent fund shall be subject to the Subject to tht 
order of the Governor for the payment of any expenses order of the 
which may be necessary and unforeseen by the Legisia- G^o'^'ernor. 
ture,and for printing and distributing the Laws and Jour- 
nals of the present Geneial Assembly, a statement of 
which shall be laid before the next General Assembly, 
by the Auditor in his biennial report. 

Sec. 2. There shall be paid to the Speaker of the Compensa- 
Senate and of the House of Representatives, respec-tion to the 
lively, five dollars per day, for each day of the pre- ^embers of 
sent Session, which shall extend to the late Lieuten- ^^ ^^^ ^ 
ant Governor Kinney for the time he served at the 
present General Assembly. To the members of the 
Senate and House of Representatives, three dollars per 
day, for each day of the present session, and three dol- 
lars for every twenty miles travel in going to and re- 
turning from the seat of Government. To the tSecre- And offi«cr«, 
tary of the Senate and principal clerk of the house of 
representatives, respectively, five dollars per day, for 
each day of the present session. To the enrolling and 
engrossing clerks of the senate and house of representa- 
tives, respectively, four dollars per day. To the assis- 
tant secretary of the senate, and to the assistant clerk 
of the house of representatives respectively, three dol- 
lari per day. And the said compensation wdieji due to Sec. of the 
the officers and members of the senate, as aforesaid. Senate to 
shall be certified by the secretary thereof, with the ex- ^^^"^^^^^ " 
ception of his own compensation, which shall be certified 
by the speaker; and the compensation that may be due 
to the ofiicers and members ot the house of reprcsenta- Clerk of tht 
tives shall be certified by the principal clerk thereof,^^- ?^^* *° 
and that of the clerk by the speaker; Avhich said, certi-^^*^ * ^' 
ficates, when made out as aforesaid, shall be sufficient 
evidence to the Auditor of each persons claim respec- 
tively, who shall issue his warrant on the Treasury for 
the amount such person shall be entitled to, as aforesaid, 
to be paid out of any monies in the Treasury not other- 
wise appropriated. 

B3 



10 

Appropria- 
tions. 



C. Jones, 

S. Stewart. 
G. Flagg. 

J. Black. 



B. Parker. 



J. Sinn. 

R. Blackwell 

D. Rawson. 

Sheriff of 
Fayette. 

J. D. Gorin. 



W. L. D. 

Ewing. 

W. McCon- 
nel. 

J. Enochs. 

J.Y.Saw- 
yer. 

I. Walters. 



APPROFRIATIONSV 

Sec, 3. The auditor of public accounts shall is- 
sue his warrant on the Treasury in favor of the ditFer- 
ent persons herein after named, for the several sums an- 
nexed to their respective names, to vrit: To Cadwalla- 
der Jones, agent for Samuel Anderson, the sum of twenty- 
dollars, for taxes paid on public land by mistake. To 
Scoby Stewart six dollars, for taxes paid on resident 
land improperly sold by the Auditor. To Gershom 
Flagg ten dollars and fifty cents, being the amount paid 
by him into the treasury for lands purchased at the Au- 
ditor's sale, and for which the Auditor refuses to make 
a deed. To James Black thirty-one dollars and thirty- 
six cents for stationary furnished the present General 
Assembly, and sixteen dollars and thirty-eight cents for 
sundries furnished for repairing the state house, the sum 
appropriated at the last General Assembly not being 
sufficient to include the same. Also, Benjamin Parker 
is allowed three dollars per day for the time that he sat 
as a member of the present General Assembly, and 
three dollars for every twenty miles travel in coming to 
and returning from the seat of Government. To John 
Sinn the sum of five dollars and fifty cents for covering 
tables in both houses of the General Assembly. To 
.Robert Blackwell the sum of two hundred and seventy- 
six dollars and fifty-one cents, for printing addresses, 
bills, and documents, for the present General Assembly. 
To Daniel Rawson the sum of four dollars for wood 
furnished the secretary, auditor, and treasurer's offices. 
To the sheriff of Fayette county, in addition to the com- 
pensation already allowed by law for his attendance on 
the Supreme Court, the sum of one dollar and twenty- 
five cents per day, during the present session of the 
court. To John D. Gorin the sum of seven dollars 
sixty-two and a half cents for blank books and other 
stationary furnished by him for the use of the different 
offices of this state. To William L. D. Ewing the sum 
of twenty-four dollars and seventy-eight cents for sta- 
tionary furnished the auditor's and secretary's offices. 
To William McConnel the sum of eighty-one dollars 
and fifteen cents for stationary fiirnished said offices. 
To John Enochs the sum of fifteen dollars for fifteen 
cords of wood furnished, for which no appropriation was 
made at the last session. To John Y. Sawyer nine dollars 
for three days service as clerk to the committee upon 
the apportionment at the present session. To Isaac 
Walters of Crawford county the sum of five dollars and 
twenty-eight cents for taxes on resident land, imprd- 



APPROPRIATIONS- 



11 



perly s©ld by the Auditor. To James Hall, treasurer, Treasurer, 
the sum of four hundred dollars for clerk hire for the 
years 18l29 and 1830. To the secretary of the senate Sec. of the 
and clerk of the house of representatives, each, the sum ^^"^^ t^^h 
of two hundred dollars for furnishing a copy of the h. r. 
Journals for the press. To Blackwell and Stapp for Blackwell & 
paper for the use of the General Assembly, twelve dol-^^'^^PP* 
lars and fifty cents. To Thomas Houghan for station- T. Houghan. 
ary and other articles, thirty-four dollars and seven 
cents. To Joseph Conway six dollars and fifty-four J. Conway, 
cents, being his fees as clerk of Madison Circuit court, 
in the case of the Auditor of public accounts, for the 
State of Illinois, against John H. Spencer, which was 
dismissed at the plaintiff's cost. The Auditor of public 
accounts shall issue his warrant on the Treasurer, in 
favor of Blackwell and Stapp, for the sum of sixty-three Blackwell & ■- 
dollars jind fifty-six cents for sundry articles furnished Stapp. 
the state. To John Delaplainfor making and repairing j. Delaplain. 
furniture, two dollars and twenty-five cents. Shadrach 
Bond for thirty-seven days service as commissioner of s. Bond, 
the penitentiary, one hundred and eleven dollars. To 
Gershom Jayne for twenty-eight days service as commis-G. Jayne. 
sioner of the penitentiary, eighty four dollars. To Wil- 
liam P. McKee for twenty-seven days service as commis- w. p. Mc- 
sioner of the penitentiary, eighty-one dollars. To Sam-Kee. 
uel C. Dunham for furnishing a plan of the penitentiary s.C. Dun- 
which was adopted by the commissioners, fifty dollars, ham. 
To William Nichols, the sum of five dollars for qualify- W. Nichols, 
ing the members. There shall be allowed to the Judge jy^lge of 5th 
of the fifth judicial circuit, the sum of one hundred dol- Circuit, 
lars, per annum, for the years 1831 and 1832, as an ex- 
tra compensation, over and above his salary, for the ad- 
ditional duties imposed on him by the act regulating the 
circuits. To E. Capps, for one half ream of paper, one E.Capps. 
dollar and eighty-seven and a half cents. To John Ste- S. Stevens, 
vens for repairing state house doors,, and for sundry ar- 
ticles furnished, nine dollars and twenty-two cents. To t c. Kirk- 
Thomas C. Kirkman, lor swearing in the members of man. 
the senate, three dollars. To John Enochs, three dol- J. Enochs. 
lars, for one day's attendance as serjeant at arms to the 
Senate. R. K. McLaughlin, for sundries furnished the r. k. Mc- 
legislature at the present session, sixteen dollars eighty Laughlin. 
seven and a half cents; and for thirty cords of wood 
furnished the state this session, forty-one dollars and 
twenty-five cents. To James Jones and David L. W.J.Jones&D. 
Jones, nine dollars each, for three days services, assist- ^' ^* "^®°®** 
ing the enrolling and engrossing clerks. 



1 2 APPROPRIATIONS. 

^ashierof the Sec. 4. The Cashiers of the branch banks, respec- 
' tively, shall hereafter receive a salary, each, of the sum 
of two hundred and fifty dollars, per annum, and no 
more, any law to the contrary^ notwithstanding. Ebe- 
nezer Capps is allowed the sum of twelve dollars and 
fifiy cents, for stationary furnished the Legislature. 
There shall be allowed to each of the counties of Ad- 
ams, Pike, Schuyler, and Fulton, the sum of one hun- 
dred dollars, annually; and to each of the other orga- 
nized counties on the military tract, the sum of fifty 
dollars, annually, in addition to the sums now authori- 
zed by law to be paid to said counties in lieu of their 
resident land tax. To Charles Dunn, Richard J. Ham- 
the accounts iltcn, and Mordecai Mobley, each, four dollars per day, 
C-tb*^ ' ^^f t' ^"^'^^^^^ employed in examining and adjusting the ac- 
State bank, counts of James M. Duncan, late cashier of the State 
bank, which time shall be certified by said auditors, or 
a majority of them, to the Auditor of public accounts, 
which being done, he shall issue a warrant on the trea- 
sury, to each of said auditors, for the amount due. To 
Com'r. forthe James Caldwell, commissioner for the sale of lands in the 
sale of the Gallatin county Saline reserve, for money paid for ad- 
a Jatin Sa- yertising sale of lands, office rent, books, stationary, and 
a crier of the sale, the sum of one hundred and twenty- 
, six dollars and sixty-three cents, to be paid out of the 

monies arising from the sale of lands in the said Saline 
reserve. 

Sec. 5, There shall be allowed to the Secretary of 
State, for clerk hire in copying the laws of the present 
General Assembly, and making index and marginal 
notes to the same, three hundred dollars. 

[Apprcroed, Feb. l&h, 1831.] 



E. Capps. 

Extra allow- 
ance to the 
counties on 
the Military 
Tract. 



Auditors of 



Secretary of 
State. 



, AN ACT APPROPRIATING A PORTION OP THE AVAILS 

Jn force 

Feb. 16, 1831. arising from the sale of the saline lands, in 

gallatin county, to internal improvement. 

Sec. 1. Be if enacted by the People of the State of 
Appropria- Illinois^ represented in the General Assembly^ That so soon 
cw'r^^s ^°n- ^^ ^^ ^® ascertained that Congress grants permission to 
8ent. this state to sell twenty thousand acres of land, now 



APPROPRIAlTIONS. 23 

asked for by the legislature of this state, and the fol- 
lowing sums are realized from the sales of said lands, the 
commissioners of said sales shall pay to the county com- 
missioners court of Franklin county, the sum of eight To Franklin 
hundred dollars to be expended under the direction county, 
of said commissioners, in building a bridge across Big 
Muddy river, on the road leading from the Gallatin 
county saline to Kaskaskia and Belleville : To the county 
commissioners court of Jackson county, one bundled and To Jackson 
fifty dollars, to be expended under the direction of said^"""*^* 
commissioners, in building a bridge across Big Crab 
Orchard creek, on the road leading from Frankfort, 
in Franklin county, by way of Eight Mile Prairie, 
to Brownsville, in Jackson county: To the county com- To Pope 
missioner's court of Pope county, the sum of five hundred county, 
dollars, to be expended under the direction of said com- 
missioners, in finishing the bridge across Lusk's creek, 
near Golconda: To the county commissioner's court 
of Gallatin county, to be laid out (" under the direction To Gallatin 
of Leonard While, who shall direct and superintend the^°^"^y- 
improvements on the roads in said county contemplated 
in this act, and the disbursement of the money appro- 
priated to said objects; and he shall take receipts for all 
money paid out, and render an account of the money so 
expended, when called on by the commissioner's court of 
the county") on the road leading from Equality to 
Shawnee town, by Weed's works, the sum of two hun- 
dred dollars; on the road from Equality to Ford's ferry, 
the sum of two hundred dollars; on the road from 
Equality to Carmi, the sum of one hundred and fifty 
dollars; on the road from Equahty by Blake's bridge, to 
McLeansborough, the sum of one hundred and fifty 
dollars; and on the road from Equality byChoisser's 
to Mount Vernon, the sum of two hundred dollars; 
and the sum of one hundred dollars to improve the 
navigation of the Saline creek, from Kirkpatrick's mill 
to AVhite's bridge: The sum of one hundred dollars, 
to be appropriated on the road leading from Guard's 
works to Frankfort, one half to be applied on the 
road leading by Brown's, and the other half on the 
road leading by Grable's; and the several appropriations 
above made, amounting to eleven hundred dollars, to 
the county of Gallatin, shall be paid in equal proportion, 
until the same be paid: To the county commissioners 
court of Monroe county, three hundred dollars, to To Monro© 
be expended on roads and bridges, under the direction county, 
of said court: To the county commissioner's court of 



2 ^ APPROPRIATIONS. 

To Cnion Union county, one hundred and fifty dollars, to be 
county. expended under the direction of said commissioners, 

in repairing a state road from Jonesborough to Lit- 
tleton's ferry, on the Mississippi: To the county com- 
To Randolph missioner's court of Randolph county, four hundred 
county. dollars, to be appropriated under the direction of 

said commissioners, as follows, viz.: two hundred and 
fifty dollars thereof to repairing of the road leading 
from Kaskaskia to St. Louis, between Kaskaskia and 
the Eubuchon creek; and one hundred and fifty dollars 
in repairing the bluff, or hill, near Prairie du Rocher, on 
To St. Clair said road: To the county commissioner's court of St. Clair 
county. county, three hundred dollars, to be expended under the 

direction of said commissioners, in building a bridge 
across Silver creek, where the state road crosses the 
same, from Middleton's ferry to Belleville, and in making 
causeways over the bottom of said creek; and also one 
hundred dollars, to be expended in building a bridge 
across Richland creek, on the road from Belleville 
to St. Louis: To the county commissioner's court o 
To Vermilion Vermilion, four hundred dollars, to be by them expressh 
county. applied and expended in building a bridge across th< 

south fork of the Big Vermilion river, where the statt 
road crosses the same, leading from Danville to Fori 
Clark: To the county commissioner's court of Greem 
To Greene county, three hundred dollars, to be applied according t< 
county. their discretion, for the benefit of said county: The sun 

of three hundred dollars is hereby appropriated to the 
To Edgar county of Edgar, for the purpose of building a bridge 
county. over Sugar creek, in said county: One hundred and fift) 

dollars is hereby appropriated towards building a bridge 
across Apple creek in Morgan county: The sum of three 
hundred dollars is hereby appropriated out of the pro- 
ceeds of said lands, for the purpose of building bridges in 
To Crawford Crawford county, to be applied under the direction of 
county. the county commissioners of said county: That one hun- 

dred and fifty dollars, appropriated to complete the 
Appropria- bridge over Lusk's creek, near Golconda, by this act, be, 
tion for Pope and the same is hereby appropriated towards buildiner a 
^ ' bridge across Big Bay creek at Green's Mill, on the road 
leading from Belgrade to Vandalia: The sum of four 
hundred dollars is hereby appropriated out of the pro- 
ceeds of the sales of lands, in the Gallatin saline reserve, 
to be applied under the direction of the county commis- 
To Madison sioner's court, of Madison county, to the erection and re- 
county, pj^jj. of bridges in said county : To the county of Hamil- 
ton, two hundred dollars, to he expended under the di- 



APPROPRIATIONS. -— ^__ it 

rection of the county commissioners of said county, in To Hamilton 
improving the present mail route from Shawneetown to ^^"'^^y- 
St, Louis, so far as it Hes witliin said county : Two hun- 
dred dollars to the county of Jefferson, to be expended To Jefferson 
under the direction of the county commissioner's court of county. 
said county: And two hundred dollars to Marion county, To Marion 
to be expended under the direction of the county com-^"""*^' 
missioner's court; one hundred thereof in building a 
bridge across Ci-ooked creek, and one hundred dollars 
thereof in building a bxldge across the east fork of the 
Kaskaskia river, on the road leading from Golconda to 
Vandalia: Two hundred dollars to the county of Clay, to To Ciay 
be expended under the direction of the county commis- county, 
sioner's court of said county, in improving the present 
mail route across the Little Wabash bottom, in said 
county: And the sum of one hundred and fifty dollars to 
the county of Clinton, to be expended under the direc- 'Pq Clinton 
tion of the county commissioner's court, of said county, county. 
in improving the Vincennes and St. Louis state road, at 
or near Beaver creek: To the county commissioner's 
court of White county, the sum of one thousand dollars. To White 
to be expended under the direction of said commissioners, county, 
in building a bridge across the Little Wabash river near 
Carmi: To the county commissioner's court of Wayne To Wayne 
county, the sum of four hundred dollars, to be expended county. 
as follows, viz. : Two hundred dollars to build a bridge 
across Elm river, on the mail route from Fairfield to 
Maysville; and the other two hundred dollars to repair 
the state road from Fairfield to Albion: To the county 
commissioners court of Edwards county, the sum of two To Edwards 
hundred and fifty dollars, to be expended in discharging ^°""*y* 
the debts of said county: To the county commissioner's 
court of Wabash county, the sum of four hundred dollars. To Wabash 
to be expended under the direction of said commissioners, county, 
as follows, viz. : One hundred dollars to build a bridge 
across Bonpas creek, where the state road, leading from 
Mount Carmel to Maysville, crosses the same ; One hun- 
dred and fifty dollars in repairing said road ; and one 
hundred and fifty dollars in repairing and bridging such 
other roads, and streams, as said commissioners shall di- 
rect; To the county commissioner's court of Perry county To Perry 
the sum of one hundred and fifty dollars, to be expended county. 
in bridging Beaucoup, on the road from Frankfort to 
Pinckney ville ; To the county commissioners of Shelby To Shelby 
county, the sum of five hundred dollars, to be expended county. 
under the direction of said commissioners, in building a 
bridge across the Kaskaskia river at Shelbyville ; to the 



} Q APPROPRIATIONS. 

To Colci county commissioners of Coles countj, the sum of four 

coun y. hundred dollars, to be expended in building a bridge 

across the Embarrass river, at the point or place where 

the state road, authorized to be located (this session) 

leading from Shelbjville, by the seat of justice, of said 

Coles countj, to Paris, in Edgar countj, shall cross said 

Embarrass river. 

To be paid on Sec. 2. The appropriations above made, shall be paid 

the order of upon the order of the countj commi^-aioner's courts of the 

by comj^°s"/^' several counties, named in the order thej stand in this 

sioner; act, bj the commissioners appointed to sell said Saline 

lands (when selected) at Equality; and the orders of said 

commissioners receipted, shall be placed to his credit on 

stttlement: and it shall be his dutj, so soon as the sum 

Commissioner due to anj countj, or the one half thereof, shall he 

shall advise received into his office, to inform the countj commis- 

county court. gJQjjg^'g court of such countj immediatelj, that the same 

is received, and subject to their order. 

Sec. 3. So much of the thirteenth section of the act, 
Other laws re- entitled " An act providing for the sale of the Vermilion 
pealed. saline reserve, and appropriating the avails thereof," as 

directs the appropriations made to the counties of Ver- 
milion, Edgar, Clark, Crawford, Lawrence, and Wajne, 
to be paid first, is herebj repealed; and the various ap- 
propriations made bj said act, excepting the appropria- 
. tion of the proceeds of the first ten thousand acres to the 
Great Wabash river, to improve the navigation thereof, 
shall be paid out pro rata upon each of said appro- 
priations. 

[Approved February 16/A, 1831.] 



In FORCE AN ACT MAKING PARTIAL APPROPRIATIONS. 

Dec. 24, 1830. 

Sec. 1. Be it enacted by the People of the State of 
Appropria- Illinois^ represented in the General Assembly, That the 
tions to mem- auditor of public accounts is herebj required to draw 
bers ^j}^ offi- his warrant on the Treasurj, for the sum of one hundred 
•embly. ' dollars, to each member of this General Assembly, and 



AUDITOR. 



17 



r I like warrant to the Speaker of each House, the Secre- 
tary of the Senate, Clerk of the House of Representatives, 
to each of the engrossing and enrolling Clerks, and Door- 
keepers of both Houses. 

[Approved^ December 24th^ 1830.] 



VN ACT TO PROVIDE FOR THE ELECTION OF AUDITOR ^" 'o^ce 14th 

Feb'. 183L 
OF PUBLIC ACCOUNTS, AND FURTHER DEFINING IIIS 



DUTIES. 



Sec. 1. Be it enacted hy the People of the State of 
Illmois^ represented in the General Assembly^ That the 
General Assemhly shall, during their session, com- Auditor to be 
mencing on the first Monday of December, 1834, and^^^^^'^'^ ^^"^'*' 
every four years thereafter, elect by joint vote an au- 
ditor of public accounts, who shall be commissioned by. 
the governor, and shall take and subscribe an oath, 
before some justice of the peace, or justice of the su- 
preme court, to support the constitution of the United 
States, and of this state, and also that he will faithfully How qualifi- 
discharge the duties appertaining to the said office ^^''• 
of auditor of public accounts; which said oath shall 
be endorsed upon his commission, and a copy of which 
shall be filed in the office of secretary of state. 

Sec. i?. The auditor, so elected,'shall, before he en-'^^sivebond. 
ters upon the duties of his said otlice, enter into bond, 
payable to the people of the State of Illinois, wirh one or 
more good securities, in the sum of ten thousand dol- 
lars, to be approved bv the (Governor, and which bond 
shall be filed in the office of the Secretarv of State, con- 
ditioned for the faithfii] discharge of the duties of said 
office by said auditor according^ to law, a.d for the 
delivery over to his surces«!or of all book«, reco^^ds, 
vouchers, papers, presses and furnitur':^ appertaining:; to 
sairl office, whole, safe and mdofaced: and should the 
condition of Ihe said bond at any time be broken by said 
auditor, the Governor shall cause suit to be instituted 

C 



J r> AUDITOR AND TREASURER. 

Governor to upon said bond against said auditor and his securities, 
lue for breach s\ia\\ one recovery render the sanne void, but the 
same may be prosecuted, from tmie to tnxie, until the 
whole penalty shall be recovered. 

Sec. 3. The auditor of public accounts shall, hereaf- 
To si>n all ter,in all cases, personally sign all warrants for money on 
warraDts. ^|^^ treasurer of the State, all tax receipts, and all other 

papers necessary and proper for the auditor to sign. 
All laws pas- Se€. 4. All laws, and parts of laws, now in force, 
sed in future relating to the duties of auditor of public accounts, or 
each auditor, that may hereafter at any time be passed, shall be deem- 
ed and taken as applicable to each and every auditor 
that may be elected under this act. 
Attorney Suc. 5. There shall be elected by the General As- 

General to besembly of the State of Illinois, at and during the session 
elected. thereof, commencing on the first Mondaj in December, 

1834, and every four years thereafter, by joint ballot of 
both houses, one Attorney General, whose duties shall 
be such as are, or may be, defined by law. 
Warrants to Sec. 6. In all cases where warrants for money are 
be counter- jggued by the auditor upon the state treasurer, the said 
treasurer. warrants, before they are delivered to the person or 
persons for whose benefit the same are drawn, hhall be 
presented to the said state treasurer, w^ho shall person- 
ally countersign the sanic; and shall also enter in a 
And recorded hook, to be procured and kept for that purpose by him, 
by him. the date, amount, and kind of money, and the name of 

the person or persons to whom the same are made pay- 
able. This act to be in force from and after its pas- 
sage. 

[Approved, February I4th, ISJJl.] 



AUDITOR AND TRESAURER. 

la FORCE ^^ ^^"^ FURTHER TO DEFINE THE DU 'IBS OF THE AtJDI- 

It:b. 16, 1831. TOR OF PUBLIC ACCOUNTS AND STA'i E TREASURER. 

Sec 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That when- 
ever the cashier of any one of the branches of the State 
bank of Illinois, or any other person, shall pay to the 



AUDITOR AND TREASURER. ^ q 

treasurer of this state any auditor's warrants, bank Treasurer to 
notes, or money, on account of any debt owing to the^^^'^,.^^^'"®''* 
State bank of Illinois, the treasurer is required to give receipts.^ 
duplicate receipts for such payments, one of which re- 
ceipts shall describe the kind of funds in which the pay- 
ment was made, aud shall be filed in the auditor's office, 
and entered by the audi or in a book to be kept for that 
purpose, and the other copy shall be countersigned by Auditor to 
the auditor, and delivered to the person making pay- *^"""*^?^5,*^ 
ment; and no payment shall be considered as having one. 
been made until the treasurer's receipt shall have been 
countersigned by the auditor. 

Sec. 2. Any two of the auditors appointed by this p . /. ., 
General Assembly to settle the accounts of James M. auditors ap- 
Duncan, late cashier of the State bank of Illinois, shall pointed to 

be authorized to act in all cases in which the three !?*^®^'?^* 

,, • 1 /> ji 1 . 1 Duncan's 

auditors appomted tor that purpose are now authorized accounts. 

by law to act, and shall complete the examination of 

said accounts, and make their report before the next 

term of the Circuit Court of the county of Fayette. 

This act to be in force from its passage. 

[Approved^ February \Qthy 1831.] 



BRIDGES. 

AN ACT MAKING APPROPRIATIONS FOR CALHOUN COUNTY. In FORCE 

Jan. 22,1 83t 

Sec^. Be it enacted by the People of the State of Illinois, Wagner'3 
represented in the General Assembly, That three hundred ^"^'"'"y* 
dollars be appropriated to the county of Calhoun, 
seventy-five dollars of which shall be expended under 
the direction of Jacob Wagner, to improve that part of 
the State road located between Wagner's ferry and the 
north boundary line of said county. And the remain- 
ing two hundred and twenty-five dollars, to be laid out 
under the direction of the county commissioners of said 
county, to build bridges, or improve public roads in said Bridges. 
county. 

Sec. 2. The Auditor of public accounts is hereby 
required to issue his warrants on the Treasuer, in 



Q BRIDGES. 

favor of the county commissioners court of Calhoun 
county, for the above appropriations, to be paid out of 
any moneys in the Treasury not otherwise appropriated. 

[Approved, Jan, 22</, 1831.] 



In FORCE AN ACT TO AID THE CITIZENS OF JACKSON COUNTY TO 

Feb. 14, 1831, j^AKE certain internal improvements therein. 

Commis- Sec. 1. Be it enacted hy the People of the State of 

siouersap- Illinois, represented in the General Assembly, That Wil- 
mse^^ubscHp- li^"^ Eakin, Joel Manning, and Bennington Boon, are 
tions. hereby appointed commissioners, and are authorized to 

receive subscriptions for the erection of a bridge across 
Kinkads creek, in said county, at or near the place 
where the road leading from Brownsville, in said county, 
to Kaskaskia, in Randolph county, crosses the same. 
To contract Sec. 2. When the said commissioners shall have 
forbuildiTjg realized from the subscription aforesaid, the sum of one 
^^^ ^^' hundred dollars, it shall be their duty to contract with 

some person or persons for the building of said bridge, 
pon the best possible terms, to be completed within 
-:x months from the time of the making the said con- 
tract. And it shall be the duty oi :^aid commissioners 
to etpply the said sum of one hundred dollars, subscri- 
bed as aforesaid, towards the building of said bridge, 
at such times and in such manner as they may deem 
expedient. And when the said bridge shall be com- 
pleted and received, it shall be the duty of the said com- 
and certify to missioners to certify the same to the auditor of public 
auditor. accounts, whose duty it shall be to issue his warrant on 

the treasury, in favor of the person or persons building 
the same, for the sum of one hundred and fifty dollars, 
to 'be paid out of any money in (he treasury not other- 
wise appropriated. 

Sec, 3. Benjamin F. Conner, Micajah Etherton, 
and Richard Hull, of Jackson county, are hereby ap- 
pointed commissioners, and are authorised to receive 
subscriptions, for the erection of a bridge across Cedar 
creek, in said county, at or near the place where the 



BRIDGES. 



21 



road leading from Brownsville, in Jackson county, to 
Jonesborougb in Union county, crosses the same. 

Sec. 4. And when the said commissioners shall have When they 
realized from the subscriptions aforesaid, the sum of '^^^ P*"^^^^'^ * 
seventv-five dollars, it shall be their duty to contract 
with some person or persons for the building of said 
bridsje, upon the best possible terms, to be completed 
within six months from the time of making the said con- 
tract. And it shall be the dutv of said commissioners 
to apply the said sum of seventy-five dollars, subscribed 
as aforesaid, towards the building of said bridge, at such 
times and in such manner as they may deem expedient. 
And when the said bridge shall be completed, it shall 
be the duty of the commissioners to certify the same to 
the auditor of public accounts, whose duty it shall be to 
issue his warrant on the treasurv, in favor of the person A ppropn- 
or persons building the said bridge, for the sum of one ^^'O"^- 
hundred dollars, to be paid out of any money in the 
treasury not otherwise appropriated. 

Sec. 5. The said commissioners, before entering Commi.?- 

upon the discharge of the duties required of them by sioners to be 

I v* sworn. 

this act, shall take an oath, or affirmation, before some 

justice of the peace of said county of Jackson, faithfully 
and impartially to discharge the duties herein required 
of them, and they shall receive as a compensation, the 
sum of one dollar per day, each, for the time necessarily 
engaged in the discharge of the duties required of them 
by this act, to be paid out of the county treasury of the 
county of Jackson. 

Sec. 6. Any person or persons, neglecting or refu- To sue for 
sing to pay to the said commissioners the amount of their subscn{)tions. 
subscription, upon request, it shall be the duty of the 
said commissioners, and they are hereby authorized and 
required, to sue such person or persons so refusing or 
neglecting to pay, as aforesaid, in the name of such 
commissioners, 'efore any court having jurisdiction of 
the same: provided, however, that the appropriations 
made to carry into effect the objects of this act, shall in * 

no event be drawn from the treasury before the expira- 
tion of eighteen months from the passage of this act. 
This act to take effect from and after its passage. 

[Approved, Feb. Uth, 1831.] 
C2 



i^2 BRIDGES. 

In Force an act to authorize samubl Wiggins to build a^ 
Feb. 14, 1831. 

TOLL-BRIDGE ACROSS THE KASKASKIA RIVER. 

To build Sec. 1. Be it enacted by the People of the State of 

iifulge Illinois^ represented in the General Assembly^ That Samuel 

Wiggins be, and he is hereby authorized, to erect a 
bridge across the Kaskaskia river, at any place between 
the mouth of Sugar creek, and the mouth of Silver creek; 
Provided, that the said Samuel Wiggins shall erect the 
said bridge on land owned by himself, or shall pay 
to the owner or owners, on either side of the said river, 
for whatever damages they may sustain by reason of the 
building of said bridge. 
In 18 months. ^EC. *2. The said bridge shall be completed within 
eighteen months from and after the passage of this act, 
and shall be built in a substantial and workmanlike 
manner: Provided, the said bridge shall be so con- 
structed as not to obstruct the navigation of said river. 
Ratesof toll. ^T^c. S. After the completion of said bridge, the said 
Samuel Wiggins shall be, and is heieby authorized to 
demand and receive from every person crossing said 
bridge, the following rates of toll, to wit: For each head 
of hogs or sheep, crossing said bridge, one and a half 
cent; for each head of cattle three cents; each foot 
passenger six and one fourth cents; each horseman 
twelve and a half cents; each one horse waggon, or car- 
riage, twenty-five cents; each two horse waggon- or 
carriage, thirty-seven and a half cents; each additional 
horse six and one fourth cents: provided, that any resi- 
(oertan .er- ^^"^ ^^ ^^ counties of St. Clair and Washington shall 
sQnatogofree.be permitted, at all times, to cross the said bridge free 
from any toll whatever: Provided also, that if said 
bridge shall be erected where the river is the line 
between the counties of Clinton and Washington, the 
inhabitants of Clinton county shall also be permitted 
to pass over the same free of tolK 
^isl of toll ^^^* '^' 'T^^ ^^^^ Samuel Wiggins shall cause to 

rates to be be put up in some conspicuous place, near the said 
postetl up. bridge, a list of the rates of toll herein-before enume- 
rated; and if the said Samuel Wiggins, or any other per- 
son acting under him, and by his authority, shall demand 
and receive more toll than the rates allowed by this act, 
or shall unreasonably hinder, or detain, any person wish- 
ing to or >ss said bridge, the said Samuel Wiggins shall, 
for every such offence, forfeit and pay the sum often dol- 
lars, to be recovered in the name of any person suing 
therefor, by action of debt, before any justice of the 



BRIDGES. ao 

peace of the county in which said bridge shall be situ- 
ated. And if any person or persons shall vviltuUy do, or 
cause to be done, any injury to said bridge, liie person or 
persons so offending, siiall Ibrleii and ^a.y to the said 
Samuel Vvi^gins, double the amount of such injury or 
damage, to be recovered before any justice ot the peace 
as aforesaid 

Sec. 5. Thig act shall continue and be in force for in force 
the term of twenty years, from and aiier its passage. And 20 years. 
it shall be the duty of the said Samuel Wiggins, to keep 
the said bridge in good repair, after the same shall have 
been completed, during the continuance of this act, under 
a penalty of ten dollars, for every wili'ul violation of the 
provisions of this section. 

[Approved, Feb. Uth, 1831.] 



AN ACT AUTHORIZING THE COUNTY COMMISSIONERS COURT In Force 
OF SHELBY COUNTY, TO LEVY A TAX FOR CERTAIN PUR- ^^^- ^^' ^^^*- 
POSES. 

Sec. 1 . Be it enacted by the Peoph of the State of To levy a 
Illinois, represented in the General Assembly, That the tax., 
county commissioners court of Shelby county (if they 
shall deem the same expedient, and in accordance 
with the wishes of a majority of the people of the county) 
are hereby authorized to levy a tax upon the real and 
personal property of the taxable inhabitants of said 
county, to raise a sum of money sufficient to erect a good 
and substantial bridge across the Kaskaskia river, on the 
road (or whatever other point the said commissioners 
may deem the most convenient and benefirial to the pub- ^ 

lie) leading eastward from said town towards Paris, 
in Edgar county. Said tax shall be collected by the ,j,^ ^^ collect- 
sheriff of Shelby county, as other taxes are, for which ed as other 
collection he shall not charge more than five per cent, taxes. 
The sum so raised shall be disbursed upon the objiect spe- 
cified, under the direction of said county commissioners. 

Sec. 2. Said county commissioners shall give public Notice, 
notice, in two or more o( the most publ c places in the 
vicinity, that they will let out, on a day specified, at least 



24: BRIDGES. 

thirty 'days after the date of said advertisement, the 
building of said bridge to the lowest bidder, which lowest 
bidder shall be the contractor for the same, who shall be 
required to give bond in double the sum of the contract, 
with good and sufficient security, for the faithful and cer- 
tain performance of the conditions of said contract; and 
in failure of performance on the part of said contractor, 
the ?;iid commissicers are hereby authorized to institute 
suit on said l^or-d, in any court having jurisdiction 
thereof, and judgment shall be had for the full amount of 
the penalty of said bond. This act to be in force from and 
after its passage. 

[Approved, Feb. 10th, 1831.] 



In force 
Feb. 9, 1831. 



AN ACT TO AUTHORIZE THE ERECTION OF BRIDGES OVElL 

SHOAL CREEK AND BEAVER CREEK, IN CLINTON 

COUNTY. 



J. Kain to Sec. 1. Be it enacted hy the People of the State of Illi- 

build bridges nois represented in the General Assembly, That John Kain 
be, and he is hereby, authorised to erect good and sub- 
stantial bridges over Beaver creek and Shoal creek, in 
Clinton county, upon the state road, as laid out by the 
commissioners appointed to view, survey and mark out 
the road from Vincennes to St. Louis: Provided, that said 
John Kain shall have said bridges built in a good and 
and keep in substantial manner, and completed within one year from 
repair. the passage of this act. He shall also keep said bridges 

in good repair, at all times affording a ready and safe 
passage for a.|l persons and their property over the same. 
And the said .Tohn Kain shall be allowed to hold said 
Rates of toll, bridges for the term of twenty years, and shall be allow- 
ed to collect and receive for crossing both of said bridg- 
es, tolls at either of said bridges, as follows, to wit: each 
head of hogs or sheep one cent; each head of cattlo 
three cents; each horseman twelve and a half cents; 
each carriage drawn by one horse eighteen and three- 
fourth cents; each carriage drawn by two horses twen- 
ty-five cents; each additional horse six and a fourth 
cents; waggons drawn by oxen, the same rates as those 



BRIDGES 



25 



drawn by horses; and each footman six and a fourth 
cents. 

Sec. 2. Should the county of CHnton, at any time af- County may 
ter the erection of said bridges, wish to make the same "^* 
public bridges, the county commissioners' court of said 
county of CHnton shall have the privilege of doing so, up- 
on paying to the said John Kain, or his heirs and repre- 
sentatives, the cost of the said bridges : Provided^ that the 
inhabitants of Clinton county shall at all times be allowed 
to pass over said bridges free of loll: Provided^ further, 
that nothing herein shall be so construed as to prevent Ford to be 
or excuse the supervisor of said road from opening and^^P^^P®"- 
keeping in repair a ford across each of said creeks, so as 
to afford a free passage for all travellers in time of low 
water. This act to be in force from its passage. 

[Approved^ 9th Feb, 1831.J 



AN ACT MAKING CERTAIN APPT OPRIATloNs, AND FOR RE- Jn poRCE 

LOCATING A PART OF THE STATE ROAD LEADING Feb. 9, 1831. 

FROM VANDALIA TO MAYSVILLE. 

Sec. 1. Be it enacted by the People of the State of Illi- Carlyle road. 
7101S, represented in the General Assembly, That one hun- 
dred dollars be appropriated out of the funds arising 
from the sale of lots in the town of Vandalia, for the 
purpose of building a bridge across the Hurricane Fork 
of Okaw, on the road leading from Vandalia to Carlyle: 
said sum of money to be disbursed upon the object speci- 
fied, under the direction of Samuel Houston, Abraham 
Starnes, and John Smith. That one hundred dollars be Spring^eld 
appropriated out of the same funds, for the purpose of road, 
building a bridge across said Hurricane Fork, on the 
road leading from Vandalia to Springfield, in Sangamon 
county: said sum to be disbursed upon the object afore- 
said, under the control of Benjamin Roberts, .Jonathan 
Hill, and Easton Whitton. That a like sum be appro- Boaze'screek. 
priated out of the funds aforesaid, for the erection of a 
bridge across Boaze's creek, on the road leading from 
Vandalia to Shelby ville, in Shelby county: said sum to 
be disbursed under the direction of Edmund Boaze, John 



Hickory 
creek. 



Commis- 
missioners to 
relocate 
Maysville 
road. 



2g BRIDGES. 

Beck's creek. Enochs, and Hutson Cothran. That a like sum be ap- 
propriated out of the same fund, for the purpose of 
erecting a bridge across Beck's creek, on the last men- 
tioned road: said sum to be disbursed under the direction 
of Paul Beck, sen. William Nichols, and Peter Movers. 
That a like sum be appropriated out of the same fund, 
for the purpose of erecting a bridge across Hickory 
creek, on the road leading from Vandalia lo Maysville, 
in Claj county, or at some other point hereinafter pro- 
vided for the ascertainment of. 

Sec. 2. John Haley, John A Wakefield, and Benja- 
min W. Thompson, are hereby appointed commissioners, 
who being first duly sworn before some justice of the 
peace of the proper county faithfully and impartially to 
execute the duties herein required, shall meet at the 
house of said John A. AVakefield on the first day of May 
next, or at any time before, or within ten days thereaf- 
ter, that they may agree upon, and proceed to review, 
re-locate, and alter, such part of said last mentioned road 
as lies between said W^akefield's and John W. Nichols' 
on said road, and thence to Cornelius Dunham's, in Ma- 
rion county, on said road, as said commissioners may deem 
advantageous and right, having special regard to the 
eligibility and localities of the ground, convenience of 
crossing water courses, and distances. Said commis- 
sioners shall be paid out of the count}^ treasury of Fay- 
ette county, by order of the county commissioners' court 
of said county, a reasonable compensation, not exceed- 
ing two dollars per day, for each day's service by them 
necessarily employed about said work. Said commis- 
sioners shall have power to employ all necessary hands 
to carry said work into effect, for which service each 
hand so employed shall be allowed o t of the county 
treasury of the said county of Fayette by order of the 
county commissioners' court of said county, seventj'-five 
c«nts per day. 

To report. Sec. 3. Within one month after the re-location of 

said road, should the commissioners deem the same ne- 
cessary, they shall be required to file in the clerk's office 
of the said county commissioners' court, a report of their 
proceedings, setting forth the prominent points of loca- 
tion and alteration. And thereafter said road shall be 
deemed and considered, to all intents and purposes, a 
public highway, and shall be worked upon as other pub- 
lic roads are. 

Bridges. Sec. 4. Said bridges shall be completed before the 

first day of November, 1831, provided the sums respec- 



6ompen- 
sation. 



BRIDGES. afj 

tively appropriated should be sufficient for the objects To be com- 
conteiiiijlaLea; iTnot, then as soon as practicable ailer.,' ^^'J ^^^. 

• j- i 1 J i 11 1 1 J y»' • . r Nov. I 1831. 

individual aid siiall nave been procured sulncient lor 
the ( mpletion of the work. In no case shall any or 
either of tiie appropriations be paid out until the com- 
pletion of the bridges respec ively shall be certified by 
t e conmiTiissioners in eacti case herein specified, and filed 
with tlie Auditor of Public Accounts, who shall there- To be paid for 
upoTi issue his warrant on the treasury ibr the sum iiere- when com- 
in appropriated in each case, to be paid out of the fund P^<^ted. 
fir^t aforesaid. 

Seo. 5, The sum appropriated by the latter clause of i ckory 
the first section of this act, shall be disbursed under the '"*^«^^- 
direction of John Haley, John A. vvakeiicld, and Wil- 
Ua;n 0. Brown. A majority of the commissioners, in each 
of the cases aforesaid, shall be competent to act. 

Sec. 6. The commissioners shall advertise, at two orCommis- 
more of the most public places in the vicinity, that they sioners to ad- 
will meet on a day specified in said advertisements, and ^^*^ *^^* 
lei out ttie contract for building the bridges to the lowest 
bid ler or bidders. The lowest bidder or bidders shall' 
be considered the contractor, and shall be required to 
enter into bond, with approved security, in double the 
amount at which the building of said bridge was bid off; Contractor to 
which amount shall be recovered in full, in any court give bond, 
having jurisdiction thereof, for fail ire to perform his 
or their contract, according, to the strict provisions there- 
of. This act to be in for e from its passage. 

[Approved, Feb. 9th, 1831.] 



AN ACT TO REVIVE AND AM^ND AN ACT, ENTITLED " AN iN FoRCE 
ACT AUTHORIZING CHARLES SL4DE TO BUILD A TOLL ^®^* ^' ^^^^" 
BRIDGE ACROSS THE EASKASKIA RIVER," APPROVED 
FEB. 12th, 1823. 

Sec 1. Be it enacted by tlie People of thp State o/To rebuild 
Illinois, represented in the General Assembly, That Charles ^'"^se 
Slade, or his legal representatives, be, and they are 
hereby authorized to rebuild his toll-bridge at Carlyle, 
across the Kaskaskia river, in section 18, town 2 north, 



28 



BRIDGES. 



In 12 months. 



range 2 west, and that the provisions of the above re 
cited act shall be in force and appHcable to the same; 
provided, that said bridge be rebuilt within twelve 
months from this date. 
Rates of toll. Sec. 2. Said Charles Slade shall be allowed to de- 
mand no greater or higher toll than the followiiig rates, 
to wit: for each one horse waggon, sulky, or carriage, 
twenty-five cents; for each two horse waggon, or car- 
riage, thirty-seven and a half cents; for each waggon, or 
, carriage, drawn by a greater numberof hor&es, or oxen, 
six and a fourth cents for each additional horse or other 
animal; for a man and horse twelve and a half cents; for 
each person crossing on foot six and a fourth cents; for 
cattle per head three cents; for all other animals, such 
as swine, or sheep, two cents per head: provided, the 
said Charles Slade, or his legal representatives, shall 
at all times cross the inhabitants of Clinton county, toll 
free: provided also, the county commissi<>ners court of 
CHnton counts, shall not exact of said Slade any tax for 
the said bridge. 

Sec. 3. Said Charles Slade, or his legal repre- 
sentatives, shall at all times keep said bridge in good 
repair, and allow a speedy passage to all persons, and 
their property, upon receipt of the toll allowed by this 
act. This act to be in force fiom and after its passage. 

[Jpproved^ Feb. 9th, 1831.] 



To keep in 
repair. 



In ForcB 
Feb. 7, 1831. 



J. Nabb to 
build bridge. 



AN ACT TO AUTHORIZE JAMES NABB TO BUILD A TOLL- 
BRIDC^E OVER THE EMBARRASS RIVER. 

Sec. 1. Be it enacted by. the People of the State ■ of 
Illinois, represented in the General Assembly, That James 
Nabb be, and he is hereby authorized to build a toll- 
bridge across the Embarrass river, in Lawrence county, 
at or near the place where the state road, leading from 
Vincennes to St. Louis, crosses tlie ^ame. Said bridge 
to be built of strong materials, and erected upon stone 
bulments and piers, and to be commenced within one, 
and completed within two years, from the passage of this 
act. 



BRIDGES. " gg 

Sec. 2. The rates of toll for passing over said bridge, Rates of toll. 
shall be the same as are now allowed said Nabb for fer- 
riage over said river, and shall be subject to the control 
of the county commissioners court of said county, in the 
same manner that the said ferry rates now are. 

Sec. 3. Whenever the county commissioners of said ^^'^^^7 ™^y 
county, shall deem it expedient to purchase said bridge, ^* 
they shall have a right so ^o do by paying the said Nabb 
the original cost of the same. And for the purpose of en- 
abling the county commissioners to make said purchase, 
it shall be the duty of said Nabb to file with the clerk of 
commissioners court of said county, such vouchers as 
shall be deemed sufficient by the commissioners to ascer- 
tain the cost of said bridge: and after said purchase the 
same shall be a free bridge, subject to the control of the 
county commissioners court of said count}'. 

Sec. 4. The said Nabb shall at all times afford a speedy Free on cer,- 
passage over said bridge to all persons and their proper- ^j^^^^g^^ 
ty, on payment of the lawful toll: provided, that all per- 
sons when going to, and returning from musters, courts, 
divine worship, and elections, shall be allowed to pass 
free, themselves and horses. 

Sec. 5. Nothing in this act shall be so construed as ^°^ ^^ °a iffa-- 
to authorise the said Nabb to obstruct the navigation oftion. 
said river, or the ford at or near the place where said 
bridge is contemplated to be built. 

Sec. 6. If at any time said bridge shall be left out of ^^^P* ^" ^^' 
repair, for ten days together, the same shall become for- 
feited to the county: provided, that the destruction of said 
bridge by fire, or high water, shall not work such for- 
feiture, if the said Nabb shall proceed with reasonable 
diligence to repair the same. The said Nabb shall be 
authorised to place a toll gate at either end of said "^^^^ S^^®^- 
bridge, and receive the toll for passing the same as here- 
in provided for. 

IJpprovedf Feb. I6ihy 1831.] 



D 



30 



BRIDGES. 



In Force ^N ACT AUTHORIZING SAMUEL LAPSLET TC BUILD A TOLL- 

Feb. 9, 1831. BRiDGE ACROSS THE ILLINOIS RIVER. 



To build 
bridge. 



Jlateoftoll 



To occupy 
one acre at 
each end. 

When bridge 
broken. 



To be ap- 
praised. 



County may 
buy. 



To be com- 
pleted in one 
vear. 



Not obstruct 
navigation- 



Sec. 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That Samuel 
Lapsley, his heirs or assigns, are hereby authorised to 
build a toll-bridge across the Illinois rivei, to be abutted 
at each end on section 23, town 33 north, range 1, east 
ol the third principal meridian; which bridge shall be 
completed within two years from the passage of this act. 
Sec 2. The said I iapsley, his heirs or assigns, shall 
keep a ferry at the place aforesaid, under the regula- 
tions and rates now in force, or which may hereafter be 
provided by law, until the said bridge shall be completed; 
and the said Lapsley, his heirs or assigns, shall be en- 
titled to occupy a quantity of land for the use of said 
bridge and ferry, not exceeding one acre at each end 
thereof. 

Sec 3. If the said bridge shall be broken down by 
ice, or any other cause shall happen, or arise, whereby 
a passage cannot safely be made on the contemplated 
bridge, the said ferry shall be kept up until the defect 
or breach shall be repaired and amended. 

Sec 4. Whenever the bridge shall be completed, the 
county commissioners court shall appoint three disin- 
terested freeholders to appraise the reasonable costs of 
erecting the same, who shall certify the same, and file it 
in the clerk's office of the said county commissioners 
court; and thereafter the county commissioners couit 
mayjpurchase the said bridge, at any time, by paying to 
the owner thereof the appraised value, and thereafter the 
same shall be a free bridge, and kept in repair by the 
county commissioners court of the county in which said 
bridge is erected: provided, that nothing herein con- 
tained shall be so construed as to give any of the privi- 
leges herein provided to said Lapsley, his heirs or as- 
signs, unless said bridge is conomnenced within one year, 
and completed within two years: and provided also, that 
if said bridge is not so construcled as to admit an easy, 
safe, and unobstructed passage to steam-boats, and other 
water craft, the same shall at any time, on complaint, be 
demolished, by order of the county commissiom rs court 
of the county in which it is erected. And it shall be the 
duty of said court to cause the same to be removed or , 
destroyed, upon complaint aforesaid, by an order di^ 



BRIDGES. 



31 

rected to the sheriff of said county, commanding him to 
do the same. 

[Approved^ Feb, M, 1831.1 



AN ACT TO ENABLE ISAIAH L. POTTS AND JOSEPH ROBINETT In Force 

TO BUILD A TOLL-BRIDGE ACROSS BEAVER CREEK. 15thJan.l83i. 

Sec. 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That Isaiah 
L. Potts, and Joseph Robinett be, and they are hereby 
authorised to build a toll-bridge across Beaver creek, in -po build 
Gallatin county, at or near where the road from Ford's bridge. 
ferry to Equality crosses the same, and that they shall 
have the right to charge the same rates of toll as are Ratesof tolj. 
charged at the bridge at Equality, for the period of ten 
years, from the time the said bridge shall be completed, 
and the same shall be completed within two years from 
the passage of this act: provided, that any time after the 
said bridge is completed, it shall be lawful for the coun- 
ty of Gallatin to lender the same a free bridge, by paying 
to the said Potts and Robinett the first cost thereof County may 
which cost shall be ascertained as in the other cases be- buy. 
fore the commissioners court. 

Sec. 2. If the said bridge shall be left out of repair Neglect to re- 
for ten days together, the same shall be forfeited to theP^J^'.^hall 
county: provided, that destruction of the same by fire, or ^°'^^'^^** 
high waters, shall not work such forfeiture, if the same 
shall be rebuilt or repaired with reasonable diligence. 

Sec. 3. Nothing in this act shall be construed to au- Ford to be 
thorise the said Potts and Robinett to stop up, or obstruct kept open. 
the ford over said creek in time of low water. 

Sec. 4. Where any person has undertaken the erec- General pro- 
tion of a bridge, under the authority of any special sta-^^^^""^' 
tute of this state, and who has been, or may be, ULable to 
complete the same within the time allowed by law ; the 
county commissioners court of the proper county may 
prolong the time for the commencement or completion of bounty court 
the same, on the application of the undertaker: provided, ^^^^^o^^^^"^ 
that when said time shall be prolonged, it shall not be change site. 



3^ 



BRIDGES. 



Undertakers 
failing. 



computed as a part of the term during which flie under' 
taker may be authorised to take or receive toll; and the 
said court, bj and with the consent of the undertaker, if 
they deem it conducive to the public good, may change 
the site of such authorised bridge, so that the same may 
be built on the same stream, within four hundred feet of 
the place at which the sanfie was originally intended to 
have been built. 

Sec 5. When any undertaker or undertakers have 
failed, or shall hereafter fail, to erect a bridge under any 
statute of this state authorising the same, the county 
commissioners court of the proper county, are hereby 
authorised to let out the same, on the same terms, to any 
person who will, or may undertake to erect the same. 
Sec. 6. In all cases of grant hereafter to be made 
^ under the act, entitled '* an act to provide for the estab- 

certain eases, lishment of ferries, tell-bridges, and turnpike-roads," ap- 
proved February 12, 1827; the terms or rate of toll shall 
not be changed during the term of privilege granted by 
ihc €ourt. 

[Jpprov&di I5ih Jail', 1831. ] 



Kates of toll 
liot to be 
<:han2;ed in 



In force 
Ja-^. 22, 1831. 



To build 
bridge. 

On stone 
piers. 



a:^ act to authorise Alexander kirkpatrick to 
build a toll bridge across the saline creek, at 

EQUALITY. 

Sec. 1. Be It enacted by the People of the State of Jlli- 
nois, represented in the General Assembly^ That Alexan- 
der Kirkpatrick be, and he is hereby, authorised to 
erect a toll bridge across the Saline creek, at Equality, 
at or near the site of the present one, heretofore built 
by James A. Richardson, and now owned by said Kirk- 
patrick. The said bridge to be built upon strong stone 
piers and hutments, laid in lime and mortar, and to be 
completed on or before the expiration of the grant of 
said toll bridge to said Richardson, by the act of the 
23d of December, 1824. 

Sec. 2. In consideration that the said Kirkpatrick 
shall comply with the terms of the foregoing section, 
tiaere is granted to him, his heirs and assigns, for the 



BRIDGES. oo 

period of ten years from the expiration of the grant of^o take toll 

said Richardson, in the act above referred to, the same ^^^ ^^" yeurs. 

rates of toll for the passage of persons, horses, carriages, 

^c. over said bridge, respectively, that by the above Rates of toll. 

recited act were granted to the said Richardson; and 

also, the right to occupy, free of rent, not exceeding To occupy 3 

three acres of land at each end of said bridge, for the acres. 

same time. 

Sec. 3. The said Kirkpatrick shall at all times keep 
said bridge in repair, and allow a speedy passage to all Repairs. 
perso >s and their property over it, upon receipt of the 
lawful toll: provided, that grand and petit jurors, and 
militia men, while going to and returning from court, or Free on car- 
muster, and all persons in times of elections, or of low tain occa- 
water, shall be allowed to pass free, with their horses. ®^°"^- 
And if at any time, said bridge shall be left out of re- 
pair for the space of ten days, the same shall become Repairs, 
forfeited to the county of Gallatin: provided, that the 
destruction of said bridge by fire or water, or other Proviso, 
uncontrolable cause, shall not work a forfeiture, if the 
said Kirkpatrick shall proceed with reasonable diligence 
to repair the same. 

Sec. 4. fVothing in this act shall be so construed as Ford to be 
to authorise the said Kirkpatrick, or those acting or kept open, 
claiming under him, to obstruct the present crossing 
place over said creek in time of low water, or to hinder 
said county, or any individual or company, from build- ^^^^''?^'?j^y 
ing another bridge over said creek, at any place not * * 

within one mile thereof, up and down the said cr ek. 

Sec. 5. The said bridge, hereby authorised to be 
built by tne said Kirkpatrick, shall, at the expiration of 
the said ten years, be delivered over, in good repair, by county at the 
said Kirkpatrick, his heirs or assigns, to the said county end often 
of Gallatin, as a free bridge, under the penalty of fivey^^"^^- 
hundred dollars, to be sued for and recovered, for the 
use of said county. And the said county may at any 
time after said bridge shall be completed, purchase ^^^^^ j^y 
the same for the county, by paying therefor to the said buy. 
Kirkpatrick, the net cost of the same, which the said 
Kirkpatrick shall receive, on pain of immediate forfeit- 
ure thereol to said county. The said cost to be ascer- 
tained bv vouchers, or other proof, before the county 
commissioners court of said county, on rea-onable notice 
to gaid Kirkpatrick to produce the same. 

[Approved, Jan, 22, 1831.] 

D2 



34 

BRIDGES. 

Is FORCE AN ACT TO AUTHORISE JOHN CRENSHAW TO FRECT A TOLL 

Jaw. 7, 1831. bridge and a mill dam across the north fork or 

THE S/LINE CREEK. 

Sec. 1. Be it enacted hy the People of the State of Illi' 
Toll brill o-e ^oz>, represented in the General Assembly^ That John 
across Saline Cren«^haw be, and be is hereby authorised to erect a toll 
creek. bridge across the north fork of the Saline creek, in Gal- 

latin county, at or near where the rv^id leading from 
Equality, by Crenshaw's works, to Shawneetown, crosses 
the same: said bridge to be built of strong materials, 
and erected upon stone hutments and piers. 
Tolls allow- ^^^' ^' There is hereby granted t® the said Cren- 
ed. shaw, his heirs and assigns, the same rates of toll for the 

passage of persons, horses, carriages, &c. that were 
granted to James A. Richardson, by the act authorising 
him to build a toll bridge across the Saline creek, ap- 
proved December 23, 1824; and also sufficient ground 
at either end of said bridge, for toll houses, shops, &c. 
County may Sec. 3. It shall be competent for the county of Gal- 
purchase the latin, at any time after said bridge shall be completed, 
" ^^' to make the same a free county bridge, by paying to the 

said Crenshaw, his heirs or assigns, the net cost of the 
same, which the said Crenshaw shall receive, on pain of 
immediate forfeiture of the rights hereby granted; said 
Cost to be as- cost to be ascertained by the county commissioners' 
eertained by eourt, from vouchers and other proof, to be furnished 
coun y com. ^^ ^^^ ^^.^ Crcnshaw, his heirs, &c. on a reasonable 

notice to him, given for that purpose. 
No bridge to Sec. 4. No other person or persons, body politic or 

be erected corporate, shall be allowed to erect any other bridge on 
within one -, * , -^i . •! r /i.„ j 

mile on the ^^^^ Same Creek, withm one mile ot the same, up and 

same creek, down the said creek, during the continuance of the pri- 
vileges hereby granted. 

Sec 5. The said Crenshaw shall at all times afford a 
speedy passage over said bridge to all persons and their 
Persons going property, on payment of the lawful toll: provided, that 
to and from r^\\ persons while going to and returning from muster, 
&c. to pass ' court, or elections, shall be allowed to pass free, them- 
free. Selves and horses. And if at any time, the said bridge 

Bridge to be pi^all be left out of repair for ten days together, the 
fe)ut of repair ^^^^^ shall become forfeited to the county: provided, 
for ten days, that the destruction of said bridge by fire, or high water. 
Proviso. giiall not work such forfeiture, if the said Crenshaw shall 

proceed with reasonable diligence to repair the same. 



BRIDGES. Q^ 

Sec. 6* The said John Crenshaw is hereby authori-^illtl/^»iai«y 
sed to build a mill dam across the said north f;>rk o[^^' '^"^^^' 
the Saline creek, on the west half of O.e sou ''-east 
quarter of section No. 3, in town No. 9 south, in iauge 
No. ^'^, cast, belonging to the said Jon Crensiiavv, a. d to 
connect tiie said dam with tlie la.jd on the opposxie bank Proviso, 
of 3aid creek, belonging to the state: provided, me said 
John shall commence the said dam within six months, 
and complete the same, and a mill, within two years 
from the passage of this act. Grant of prc» 

Sec. 7. There is hereby granted to the said Johnemption in 
Crenshaw, the right of pre-emption in the purchase of jj" ^g^JJ^^ ^ 
lands, not exceeding a half quarter section, embracing bank, 
the opposite haisk of the said creek, at the price of one 
dollar per acre, in the event of the said land being here- 
after selected and sold under the authority of the State. 

[Approved^ Jan* 7, 1831.] 



In Force, 
AN ACT TO AUTHORIZE SAMUEL MUSICK TO BUltD A TOLL ^^n. 7, 183K 

BRIDGE OVER SALT CREEK, IN SANGAMON COUNTY. 

Skc. 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly^ That Sam- JJ"? ^"^^^ 
uel Musick is hereby authorized to erect a toll bridge " ^®' 
across Salt creek, in Sangamon county, at or near the 
place on said creek where the said Musick is now au- 
thorized to keep a ferry, and shall be authorized to place 
a toll gate at either end of said bridge, and may ask and 
demand for crossing the same the toll herein allowed. Rates of toll. 

Sbc. 2. The rates of toll for passing over said bridge 
shall be the same which are now allowed said Musick 
at his ferry aforesaid, and shall be subject to the control 
of the county commissioners' court of said county in the 
same manner that the said ferry rates now are. 

Sec. 3. Whenever the county commissioners of said buy. ^^^ 
county shall deem it expedient to purchase said bridge, 
they shall have the right so to do by paying the said Mu- 
sick the original cost of said bridge. And for the pur- 
pose of enabling the county commissioners to make said 
purchase, it shall be the duty of said Musick to file with 



36 



To be built in 
one year. 



Ford to be 
kept open. 



BRIDGES. 

the clerk of the county commissioners' court of said 
county, such vouchers as shall be deemed sufficient by 
the commissioners to ai^certain the cost of said bridge. 

Sec. 4. The said Musick in order to entitle him to 
the benefits of this act, shall commence and finish said 
bridge within one yeaj* from the passage thereof: Provi- 
o?ec/, however, that the ford where said bridge is con- 
templated to be built, shall not be so obstructed as to 
prevent a free and safe passage over the same in time 
of low water. 

[Approved, J an, 7, 1831.] r 



To build 
bridge. 



Not to ob- 
struct ford 



In Force AN ACT TO AUTHORISE JEREMIAH BRAUGHTON TO ERECT 
Jan. 22, 1831. ^ lolA. BRIDGE ACROSS THE NORTH FORK OF THE SALINE 
CREEK. 

Sec 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That Jere- 
miah Braughton be, and he is hereby authorised to 
erect a toll bridge, with good and sufficient stone hut- 
ments on both banks, across the north fork of Saline 
creek, at or near the old ford, on the road leading from 
Carmi to Equality: Provided, that the erection of said 
bridge shall not obstruct the said ford, but the same shall 
remain a public highway. 

Sec. 2. The county commissioners' court of Gallat- 
Ratesoftoll. in county shall have power and are hereby required to 
regulate the rates of toll, from time to time, as shall be 
thought proper. 

Sec 3. After said bridge shall be erected, if the 
said Jeremiah Braughton shall neglect or refuse to keep 
the same in repair, so as to afford at all times a speedy 
and safe passage to all persons and their property who 
may wish to pass, he shall forfeit and pay the sum of 
five dollars for every twenty-four hours the said bridge 
shall "^emain so out of repair: Provided, that if said bridge 
shall unavoidably be damaged, .« reasonable time shall 
be Uowed him to make the repairs. 

Sec 4. Tf the said Jeremiah Braughton shall fail to 
erect said bridge within twelve months after the passage 



Repairs* 



BRIDGES. 37 

of this iict, then any other person, or persons, who will ^^^^^JI^'S ^^ 
comply with the provisions of this act, and erect said j^„y other per- 
bridge, shall be entitled to t?ie benefits hereby intended son may. 
to be conferred on said Braughton. 
- 8ec. 5. At any time after the expiration of five years 
*" from the completion of said bridge, the county commis- 
sioners' court shall have power, and are hereby author- County may 
ised, to take possession of said bridge, on the payment by ^"y* 
the county to the said Jeremiah Braughton, or such 
other person or persons as may build the same, the whole 
amount that said bridge shall cost, together with a rea- 
sonable compensation for so much labor as he may per- 
form in person. And for that purpose the said Braugh- 
ton, or such other person or persons as may build the 
same, shall keep a correct account of his expenditures, 
and the number of days he was necessarily employed 
in person, and file the same in the office of the clerk 
of the county commissioners' court of Gallatin county, 
immediately after the completion of said bridge. This 
act ito take eflfcct from its passage. 

[Ajiprdvedf January 32j 1831.] 



AN A€T TO ERECT CERTAIN BRI©6tES. Jan. 22, I83l. 

Sec. 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the sum 
of two hundred dollars be appropriated and paid to the Warren coun^ 
county of Warren, for the purpose of building a bridge ^' 
across Henderson's river, in said county; the sum of two 
hundred dollars to the county of Knox, for the purpose Knox, 
of building a bridge across Spoon river, in said county; 
the sum of one hundred and fifty dollars to the county 
of Jo Daviess, for the purpose of building a bridge Jo Daviess, 
across the Winnebago inlet, where ihe mail road from 
Peoiia to Galena now crosses the same; the sum of one 
hup.dred and fifty dollars to the county of Pike, for the Pike, 
purpose of building a bridge across M'Craney's creek in 
said rountv; the sum of one hundred and fifty dollars 
to the countv of McDonough, for the purpose of build- ^^c^°»°"S»i 
mg a bridge across Crooked creek in said county; and 



oo CANALS. 

Adams. the sum of two hundred dollars to the county of Adams, 

for the purpose of building a bridge across Bear creek, 
in said county. Said bridges to be erected on public 
highways, and kept in repair by the counties in which 
they are situated. 

^ . . Sec. 2. The sites of said bridges shall be chosen by 

County court . . . r ^u j.- *-• • 

to choose the county commissioners ol the respective counties in 

sites, which they are situated, or by persons authorised by 

or appoint i\^QT^ for that purpose, and the construction of them shall 
choose! ° he underthecontrolanddirectionof said commissioners. 
And for the purpose of entering into contracts for the 
building such bridges, the county commissioners of each 
of the counties aforesaid, shall, previous to the first day 
Notice. of October next, give at least three weeks notice under 

, heir signatures in each of the election precincts of the 

^.ounty, at the usual places of holding elections, of the 
lay and hour when they will attend at the court house 
if their county, and let out the same to the lowest bid- 
ler ; which notice shall also contain a description of the 
ridge to be built, and the time within which it is to be 
completed. And the person or persons who shall be 
Lowest bidder the lowest bidder or bidders, shall have the contract, 
:o have con- upon his or their entering into bond with good security, 
tract. -j^ double the amount of his or their contract, to the 

county commissioners of the county in which such 
bridge is to be built, for the use and benefit of such 
county, for the faithful performance of such contract. 
Sec. 3. Whenever either of said bridges shall be 
Ceitify to completed, and the fact of its completion be certified, 
Auditor, by the county commissioners of the county in which such 
bridge shall be built, to the auditor of public accounts, 
he shall draw his warrant on the treasurer, in favor of 
such county commissioners, for the sum appropriated 
by the first section of this act for the purpose of build- 
ing such bridge. 

[Approved^ January 22, 1881.] 



39 



CANALS. 

AN ACT TO AMEND AN ACT TO PROVIDE FOR THE CON- ^N FORCE 

Feb. 15,1831. 

STRUCTION OF THE ILLINOIS AND MICHIGAN CANAL. 

Sec. 1. Be it enacted by the People of the State of Illi- 
nois^ represented in the General Assembly^ That the board „ , . 
of Car.al Commissioners, authorised to be appointed missioners 
hy the act to which this is an amendment, shall here- constituted, 
after consist of three members, who shall be ap- 
pointed by the governor, by and with the advice and 
consent of the senate, and who shall be subject to re- 
appointment biennially. Said commissioners shall con- 
stitute a board, to be known under tl e style and de- 
scription of "the Board of Canal Con:missioners of the 
Illinois, and Michigan Canal." They shall select one To appoint a 
of their number to be the president thereof, and shall president. 
also designate one of their number to keep the records To have re- 
and proceedirgs of their meetings, unless they may cofds kept 
impose said duties on the treasurer of the board, for 
wl-ach they shall allow him such additional compen- 
sation as they may think just and reasoiable, not ex- 
ceeding thirty dollars per annum. And in case cf the 
death, resignation, or refusal to act, of the treasurer, the 

board shall appoint a successor to fill the vacancy ccca- J'^.^PP*^*^^ 

J ii 1 A J • r xu J u -4-' *"®^'" own 

sioned thereby. And in case or the death, resignation, treasurer. 

or refusal to act, of either of said commissioners, the 
president, (and if there be no president,) then one of the Governor to 
board shall certify such vacancy to the governor, who fi^^ vacancies 
shall fill the same. in the board. 

Sec 2. The governor shall appoint one of the com- 
missioners of said board as acting commissioner, and One to be act- 

who shall be constantly employed on the canal route, ^'^g co™»"»6- 

u 11^" 1 1 J.U sioner. 

when necessary, and may be removed by the governor, 

opon the representations of the board, for malfeasance, 
neglect, or omission of duty, who shall appoint a suc- 
successor to said cff.ce. He shall give bond to the gov- 
ernor, for the use of the canal fund, with sufficient se- j^,^ ^.^JJ^^^g^ 
curity, to be approved of b} the president of the board, sioner. 
in the sum of ten thousand dollars, conditioned for the 
faithful performance of the duties of his office; and upon 
the breach of the condition thereof, ma^ be sued upon 
the same, and the amount of whate^ er judgment may 
be recovered against him, when collected, shall be paid 
lo the treasurer, and made a part of the canal fund. 



.^ CANAXS. 

Oath. He shall also take an oath well and faithfully to dis- 

charge the duties of his office; and as a conipenscilion 
for his services, he shall receive the sum oi liiree dol- 
lars per dav, for ever^ day he may be necessarily em- 
ployed on said canal route, or on the busniess of the 
Compensa- canal, out of the canal lur;d, io be paid quarter yearly, 
tioD. upon the certihcate ot the board oi canal commissiorers, 

or the president thereoi. And in case of his deati , or re- 
! signation, or refusal to act, the same shall be certified to 

the governor by the president, or one ot the board ol ca- 
Successor nal commissi ^ners; and the vacancy occasioned chereby 
how appoint- shall be filled by an appointment of a successor by the go- 
ed. vernor. J r case of the sickness, or temporary absence 

granted -o said commissioner, by the board or president 
thereoi, the board or president may select one of said 
board to fill the vacancy thereby occasioned, until said 
Substitute commissioner renews the discharge of his duties, if such 
when sick, or temporary appointment may be necessary; and the corn- 
absent, missioner so selected shall be entitled to receive the 
amount to which the superintending commissioner was 
entitled, while absent; and if the superintending commis- 
sioner is sick, then to receive such compensation as the 
board may think just. The said superintending commis- 
sioner shall, under the consent and direction of said board, 
employ such agents, engineers, surveyors, draftsmen, and 
other persons, as in their opinion may be necessary, to 
enable them to fulfil and discharge the duties imposed 
upon them by this act, or the one to which this is an 
amendment. He shall also, under the consent and di- 
rection of said board, fix the prices, avd let out contracts 
for excavations, embankments, dams, aqueducts, culverts, 
and make all other contracts necessary to the excavation 
and construction of said canal. He shall reduce all con- 
ing <M?minrs- ' tracts to writing, and file the same, or an abstract there- 
sioner.j of, with the treasurer, shewing the date, the arrourt, and 
the partv with whom the same were nnade: and shall 
draw, from time to time, on the treasurer, for the amount 
of any contract he shall have made, or sc much thereof 
as may be due, in favor of the person entitled to the 
same; — he shall keep duplicates of all such drains, or or- 
ders, as he may draw on the treasurer, and shall present 
them, together with a statement of the contracts and dis- 
bursements, at each regular meetirg of the boj'rd. 

Sr.c. 4. The treasurer shall discharge the duties as- 
sigaed htm by the act to which this is an aniendment, ex.- 



CANALS. J-, 

cepling as is herein otherwise provided. — He shall make 
all his returns of sales to the board of commissioners, to- 
gether with his receipts and disbursements. He shall 
pay all sums on the draft or order of the superintending 
commissioner, in all cases where the contract, or abstract 
of the contract, has been filed by said commissioner in his 
office; which draft, or order, he shall number and pre- 
serve on file, and submit them to the examination of the 
board of commissioners at each regular meeting, and 
w^hich the said board shall mark as cancelled. And the 
board of canal commissioners shall allow him annually for 
his services, such compensation to be paid quarter yearly. His comp^en- 
as they may think proper: provided the same does not ^^^^^• 
exceed six hundred dollars. And when it shall be ne- 
cessary for the treasurer to employ one or more clerks, 
the board of canal commissioners may make such an al- Clerk hire, 
lowance therefor as they may think just and reasonable: 
provided, that nolhing herein contained shall be so con- 
strued as to allow any additional compensation, for ex- 
pences sustained by said commissioners, or losses sus- Proviso, 
tained while in service. 

Sec. 5. The said board of canal commissioners shall P"*^J^°^*^® 
hold two regular annual meetings at such time and place 
as they may think proper, and may convene at any time 
they may think advisable in cases of emergency, at the 
request of the superintending commissioner. A majority 
of said board, exclusive of the superintending commis- 
sioner, shall constitute a quorum to do business: They 
shall inspect the accounts, books, state of the treasury, 
and all the proceedings of the treasurer, and superin- 
tending commissioner, at each regular meeting, and re- 
port the same to the governor, who shall lay the same be- 
fore the legislature, for their examination; they shall 
have full power to contract, and be contracted with ; to 
sue, and be sued ; plead, and be impleaded ; to defend, 
and be defended, in all matters relating to said canal; 
and shall have full powers, control, and authority in all 
things relating to the same, that are nother«?m expressly 
provided for; they shall, by order of the board, furnish 
to the superintending commissioner, ali means that are 
necessary to enable him to discharg-e the duties imposed 
upon him by this act. And thev shall receive, as a com- 
pensation for their services, (hree dollars per day, for 
every day they may sit as a board, to be certified by the Their cem- 
president to the treasurer, who ^hall pay the same out of P^^n-'^ation. 
the canal fund. 

Sbc. 6. There shall be no further sale of canal 3ale ofianda, 

E 



4^ 



CANA1.S. 



Proviso. 



lands by private entry, until said lands are so far disposed 
of, that the board of commissioners may deem it expe- 
dient, by an order of their board, to be given to the trea- 
surer, a copy of which shall He published four weeks suc- 
cessively, in some public newspaper, printed in this slate, 
when the same shall be sold at private sale, as is pro- 
vided for in the act to which this is an amendment. The 
said board shall make an order, directing said lands to be 
sold at public sale, from time to time, as they may think 
most conducive to the interest of said canal, in the same 
manner, and under the same regulations, as are provided 
in the act to which -this is an amendment: provided, how- 
ever, that the superintending commissioner shall superin- 
tend said sales, which shall in all respects be conducted, 
certificates made out and signed, and patents issued, as is. 
provided for in the seventh section of the act to which 
this is an amendment. Said commissioner may arrest 
said sales w^hen they think proper. 
Subdivision of Sec. 7. Said commissioners may cause such tracts of 
land, for sale, land as they may think proper and conducive to the pub- 
lic interest, to be sold in tracts of forty acres ; and they 
may subdivide such other tracts into smaller quantities, 
or lots, and sell the same as they may think most profit- 
able to the canal fund. 

Sec. 8. They shall have power to employ an engineer, 
without regard to any that has been promised on the part 
of the general government, to survey the whole line of 
the canal, or so much thereof as may be necessary for su- 
perintending and aiding in the construction of said canal, 
and for all other purposes connected with the same : they 
shall also have power to cause said engineer to examine 
the Illinois river, from the mouth of Fox river, down to 
the head of steam-boat navigation ; and if, in their opi- 
nion, the navigation of the Illinois river can be improved 
hy dams and locks, or otherwise, so as to secure its navi- 
gation as far upwards as the mouth of Fox river, with as 
little expei^e, and as much utility, as eanaling from Fox 
river to the Little Vermilion, or foot of the rapids, they 
shall have power to terminate said canal at the mouth of 
Fox river. 

Sec. 9. The sup<^rintending commissioner shall so 
alter the survey and plot of the town of Ottowa, as to pre- 
sent the front street of said town on the verge of the se- 
cond bank of the Illinois river. Said street shall be laid 
oflT at least one hundred and twenty feet wide ; and the 
plot of said town, together with the streets and alleys, 
ehall be so altered as to conform thereto. 



The board 
may employ 
engineer. 



His duties. 



Town of 
Ottawa. 



CANALS. ^Q 

Sec. 10. Said commissioners shall have power so to ^♦lor.th of the 
improve the mouth of Fox river, if they may deem it pro- ^^^ ^^'''^^' 
per, to terminate said caaal tiiere, as to open a channel 
under the blufFof the town of Ottovva, of sufficient depth 
for steam-boat navigation ; which channel may be extend- 
ed to a point at or near the termination of said blufF. 
All the ground between the blufl and the Illinois river, Grouna 
in the town of Ottowa, shall be reserved from sale. reserved. 

Sec. 11. Nothing in this act, or the one to which this Canal com- 
is an amendment, shall be so construed as to prevent said ^J^.s^o^^^s 

^ ^ • • \^ • • ny r ' their n':;hts, 

commissioners, or their successors m omce, from using any ^^^i iiutie? 
stone, timber, ground or water, or other material, for the in u^ing build- 
purnose of makina; or aidinsr said canal, v/hich may be ^"? '"'^^^".^'°» 
required in its construction: and in ail sales of said lands J^^^i^ " *" 
this right is hereby expressly reserved free from any cost, 
charge, or liability whatever. And the said commis- 
sioners may reserve from sale any tract or tracts of land, 
which they may think useful, on acceunt of its timber, 
rock, or other advantages, in the construction of said 
canal. 

Sec. 12. Said commissioners are authorized, if theyg^^'^fj;^'''^''' 
may be of opinion that it will increase the value of lots justice. 
in any town laid off on the canal lands, that have, or may 
become seats of justice, to give a quantity of lots in said 
town, not exceeding ten acres, to aid in the erection of 
public buildings; for which donation the governor shall 
issue his patent as in other cases. 

Sec. 13. The said superintending commissioner, and Dimensions of 

such engineers as may be employed on the part of the ^^"^ * 
state, are hereby empowered to give to such canal, such 
dimensions as they may think most advisable, upon sur- 
vey and examination thereof, suitable to canal-boat navi- 
gation. 

Sec. 14. It shall be the duty of the superintending ^^•'^^^^* 
commissioner, to cause the engineer employed by him, to 
ascertain, as early in the spring as the weather will per- 
mit, whether the Calamic will be a sufficient feeder ior 
the part of the canal between the Chicago and Des I^ail road. 
Pleines rivers," or whether the construction of a rail road 
is not preferable, or will be of more public utility than a Whcil excor- 
canal." And if the commissioners shall be satisfied of nation shall 
sufficiency oPsaid river, and that a canal will be of more^°"^™*^" 
public utility than a rail road, it shall be their duty to 
commence the excavations without delay. And if they 
shall be of opinion that it would not, all further proceed- 
ings in relation to said canal, and sales of land, shall be 
deferred until the next meeting of the legislature: pra- 



44 



Repealing 
clanse. 



CANALS* 

vided, however, that said commissioners shall cause sach 
a commencement to be made in the progress of the said 
canal, as to bring the state within the act of Congress 
making said grant, so as to save said grant to the state, if 
thej shall be of opinion sufficient has not been done 
already. 

Sec. 15. So much of the act to which this is an 
amendment, as is inconsistent with the provisions of this 
act, be, and the same is hereby repealed. 

[Approved, Feb. 15th, 1831.] 



ftr Force 
Jan. 28, 1831. 



AN ACT FOR THE SURVEY OF A ROUTE FOR A CANAL, OR 
RAIL ROAD, IN ST. CLAIR COUNTY. 



and duties 
Assigned. 



Sec. 1. Be it enacted by the People of the State of Illi- 
nois^ represented in the General Assembly, That Samuel C. 
Commission- Christy, John Messenger, and Joseph Green, be, and 
crs ivpDoirited ^j^^y ^^^ hereby appointed, commissioners to examine 
and survey the American bottom, in St. Clair county, 
from the bluffs to the Mississippi river, opposite St. 
Louis, in order to ascertain the practicability and pro- 
bable expense of constructing a canal, or rail road, and 
make report thereof to the next I^egislature: provided, 
that the county commissioners court of said county, will 
defray the expenses of such examination and survey. 

[Approved, Jan* 28th, 1831.] 



CIRCUIT COURTS. 

lil FORCE AN ACT SUPPLEMENTAL TO THE SEVERAL ACTS REGU> 

sljiiJ. 16, 1831. LATINO THE SUPREME AND CIRCUIT COURTS OP THIS 
STATE. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represmted in the General Assembly, That the chief jus- 



COURTS. J r 

tice of the supreme court, and the associate justices 
thereof, and the circuit judge of the fifth judicial cir- 
cuit, shall hold the circuit courts of this state, at the 
times, and in the manner hereinafter provided. 

Sec. 2, The counties of Pike, Calhoun, Greene, Circuits. 
Morgan, Sangamon, Tazewell, Macon, McLean, and 
Macoupin, shall constitute the first juiiicial circuit: The 
counties of Madison, St. Clair, Monroe, Randolph, 
Washington, Clinton, Bond, Shelby, Fayette, and JMont- 
gomery, shall constitute the second judicial circuit: 
The counties of Gallatin, Pope, Johnson, Alexander, 
Union, Jackson, Perry, Franklin, Marion, Jefferson, 
and Hamilton, shall constitute the third judicial circuit: 
The counties of White, Edwards, Wabash, Lawrence, 
Wayne, Clark, Crawford, Edgar, Vermilion, Coles, and 
Clay, shall constitute the fourth judicial circuit: The 
counties of Cook, La Salle, Putnam, Peoria, Fulton, 
Schuyler, Adams, Hancock, McDonough, Knox, War- 
ren, Jo Daviess, Mercer, Rock Island, and Henry, shall 
constitute the fifth judicial circuit. 

Sec. 3. Samuel D. l^ackwood shall perform circuity . 
duties in the first judicial circuit; Theophilus W. Smith sio^ued. 
in the second; Thomas C. Brown in the third; William 
Wilson in the fourth; and Richard M. Young in the, 
fifth: And when either of the said judges shall be sue 
ceeded in ofiice, it shall be the duty of his successor to 
preside, and hold the courts in the circuit of the jv?<^ge 
or justice who shall be so succeeded. 

Sec. 4. There shall be two terms of the circv^ court 
held, annually, in each of the counties now, o^ hereaf- 
ter to be, organized in this state, at the c^urt-house 
thereof, or place provi<ied for holding cf^rt; which 
terms shall commence at the times herem^^er specified, 
and continue to be held from day to dc^f, Sundays ex- 
cepted, until ail the business pending ^hall be disposed 
of, unless it shall be necessary to closfi the term to ena- 
ble the judge to attend in the next county to hold court. 
Said terms shall be commenced and held at the times Terms, 
following, that is to say: In the county of Pike on the jg^ ^-j.^^-^^ 
fourth Mondays in March, and third Mondays in Au- 
gust. In the county of Greene on tne first Mondays in 
April, and fourth Mondays in August. In the county 
of Macoupin on the second Mondays in \pri], and the 
Mondays after the fourth Mondays in August. In the 
county of Morgan on the third Mondays in April, and 
second Mondays after the fourth Mondays in August, 
In the couutyof Sangamon on the fourth Mondays in 

E2 



46 



eOtJRTS. 



2d circuit. 



April, and third Mondays after the fourth Mondays iu 
August. In the county of Macon on the first Mondays 
after the fourth Mondays in April, and fourth Mondays 
after the fourth Mondays in August. In the county of 
McLean on the Thursdays thereafter; and in the coun- 
ty of Tazewell on the second Mondays after the fourth 
Mondays in April, and fifth Mondays after the fourth 
Mondays in August. In the county of St. Clair on the 
first Mondays in April and September. In the county 
of Monroe on the third Mondays in April and Septem- 
ber. In the county of Pvandolph on the fourth Mon- 
days in April and September. In the county of Wash- 
ington on the first Mondays in May and October. In 
the county of Clinton on the next AVednesdays there- 
after. In the county of Bond on the second Mondays in 
May and October. In the county of Montgomery on 
the next Thursdays thereafter. In the county of Shel- 
by on the third Mondays in May and October. In 
the county of Fayette on the next Thursdays there- 
after. In the county of Madison on the second Mon- 
days in June, and third Mondays in October. In the 
county of Gallatin on the first Mondays in March and 
September. In the county of Hamilton on the third 
Mondays in March and September. In the county of 
Jefferson on ^he next Thursdays thereafter. In the 
county of Marion on the fourth Mondays in March and 
-3d circuit. September. In the county of Perry on the Fridays 
thei^^after. In the county of Franklin on the first Mon- 
days *.n April and October. In the county of Jackson 
on the second Mondays in April and October. In the 
county of Union on the third Mondays in April and 
October. In the county of Alexander on the fourth 
Mondays in April and October. In the county of John- 
son on the Fi'-days thereafter: and in the county of Pop'e 
on the first Mondays in May and November. In the 
county of White on the first Mondays in April and Sep- 
tember. In the county of Edwards on the second Mon- 
days in April and Septem>)er. In the county of Wa- 
bash on the next Thursdays thereafter. In the county 
of T,awrence on the third Mondays in April and Sep- 
Aih circuit, tcmber. In the county of Crawford on the Thursdays 
thereafter. In the county of Clark on the fourth Mon- 
days in April and September. In the county of Edgar 
on the Thursdays thereafter. In the county of Ver- 
milion on the Mondays afi;er the fourth Mondays in 
April and September. In the county of Coles on the 



COURTS. ^!J 

Fridays after the Mondays on svhich the court in Ver- 
milion is «dd. In the couiity of Clay on the last Mon- 
days iii March and lugust. In the county of V/ayne 
on tlie Wednesdays thereafter. In the county of Jo 
Daviess on the second Mondays in April and last Mon- 
days in "» ugust. In the county of Cook on tne fourth 
Mondays in April, and second Mondays in September. 
In th^ county of !.a Salle on the Fridays after the fourth 
Mondays in \pril, and the Fridays aiiter tlie second 
Mondays in September. In the county of Putnam on sth circuit 
the first Mondays in May, and the third Mondays in 
September. In tJie county of Feoria on the Thursdays 
after the first Monda s in May, and the Thursdays after 
the third Mondays in September. In the county of 
Fulton on the second Mondays in May, and fourth Mon- 
days in September. In the county of Schuyler on the 
third Mondays in May, and first Mondays in October. 
In tiie county of Adams on the fourth Mondays in May, 
and second Mondays in October. In the county of Han- 
cock on the first Mondays in June, and third Mondays 
in October. In the county of McDonough on the Fri- 
days after the first Mondays in June, and on the Fridays 
after the third Mondays in October. In the county of 
Knox on the second Mondays in June, and fourth Mon- 
days in October. In the county of Warren on the 
Tiiursdays after the second Mondays in June, and on the 
Thursdays after the fourth Mondays in October; and in 
the counties of Mercer, Henry, and Rock Island, wlien- 
ever the same, or either of them, shall be organized in 
pursuance of law, at such times as the judge of the fifth 
judicial circuit shall appoint. 

Sec. 5. All writs, and other process, heretofore made Process^ 
returnable to the terms provided in the act to which this 
is an amendment, shall be taken and held valid, and 
returnable to the terms herein provided for. 

[Approved, I6th February/, 1831.] 



48 



Cir^CUIT COURTS. 



In FORCE A!^ ACT FIXING TH^ TIME OF HOLDING CIRCUIT COURTS, IM 

Feb. 16,1831. rp^g toUNTJES OF MADISON AND CALHOUN. 

Sec. 1. Be it enacted hy the People of the State of 

Illinois, represented in the General Assembly, That Circuit 

Calhoun. Courts shall be held in »he county of Calhoun on the 

first Friday after the last Mondays in March, and third 

Madison au- Mondays in August; and in the county of Madison, on 

tumnal term. ^^^ fourth Monday of October, any law to the contrary 

notwithstanding. 
Change of Sec. 2 In all cases wherein a change of venue may 

venue to ad- jjg awarded, for any cause whatever, the same may be 
joining cir- awarded to the next adjoining circuit, if it may suit the 
convenience of the parties, as well as to any county in 
which the suit was instituted, 
p-j^e Sec. 3. The Circuit Court of Pike county shall be 

vi&rnal term, held on the last Monday in March, any law to the con- 
trary, notwithstanding. 

[Approved, February %Qth, 1830.} 



CLERKS. 



, AN ACT RELATIVE TO THE CLERK's OFFICE IN CLINTON 

IN FORCE 

Feb. 15, 1831. COUNTY. 

Sec. 1. Be if enacted hy the People of the State of 
Illinois, represented in the General Assembly, Thar the 
oflSces of clerk and recorder for Clinton county, may be 
Where to be kept at the upper town of Carlyle: provided, that the 
kept. distance shall not exceed three-fourths of a mile from 

the present court house in Carlyle. This act to take 
effect from and after its passage. 

[Approved^ Feb. I5th, 1831.] 



49 



CLERKS. 

AN ACT TO ATHHORISE CLERKS OF THE CIRCUIT AND COUN*-* 

In roRCK 
TY COMMISSIONERS C URi' TO APPOINT DEPUTIES, Feb. 9, 1831. 

IN CERTAIN CASES* 

Sec. 1. Be it enacted by the People of the State of Illi- 
nois^ represented in the General Assembly^ That the seve- 
ral clerks of the Circuit and County Commissioners' 
Courts, in this State, be, and they are hereby authori- 
zed to appoint deputies, who shall, severally, take *in May appoint 
oath for the faithful discharge of the duties of their of- deputies, 
fioe, and for whose conduct the principal clerk shall in 
all cases, be responsible. 

Sue. Z. The principal clerk shall in all cases attend ^^ attend ia 
in person to the duties of his office, when it is practica- person when 
ble, or when the duties of the office are not greater than practicable, 
can be performed by one person. 

Sec. 3. Whenever any clerk, as aforesaid, shall re-^, , 
side at such a distance from the seat of justice of his gj^e at or 
county that he cannot give his daily attenderce to the near seat 
duties of his office, and shall not, within six months from^^J"^*^*^®' 
the passage of this act, remove to the county seat, or 
within such a distance that he can and will give his daily 
attendance to the duties of his office, the office shall be 
taken and deemed vacant; and the presidir^g judge of q^ forfeit hi* 
the Circuit Court, and the county Commis'^ioners Court, office, 
at their first session after being informed of the fact, 
shall proceed to to fill such vacancy. This act to take 
effect from and after its passage. 

[Approved, Feb, 9th, 1831.] 



COMMISSIONERS' COURTS. 

AN ACT GRANTING CRRTAIN POWERS TO THE COMMISSION- 
ERS COURTS OF SANGAMOrV, GREEN , AND In FORCE 

MORGAN COUNTIES, ^ ^■'- ^"^5 ^^'^*- 

Sec 1. Be it enacted by the Piople of the State of Pli- 
nois, represented in the General Assembly, That the county 



KQ C030IISSIONERS> COURT. 

How they commissioners courts of the counties Sangamon, Greene, 
rin^ ^'^' f - ^^^ Morgan, are authorized, if they shall deem it neces- 
districts. " sary, at their next June term, to increase the number of 
justices and constable districts in their respective coun- 
ties to ten. Also, if the commissioners' court of Morgan 
county shall deem it necessary at their next March term, 
they may establish one additional justice and constable 
district at Beardstown, and one at Naples, in said county: 
And the commissioners' court of Sangamon county may- 
establish one additional district at the Island vGrove set- 
And order tlement. And in each of said districts the court, estab- 
eiections. lishing, may order an election for one justice of the 
peace and one consteible, to be subject to all the laws in 
force defining the duties of justices of the peace and con- 
stables, and whose term of service shall expire tlie same 
as those now in office. Also, that the seventh section of 
an act to amend an cict entitled, ''an act to provide for 
the election of justices of the peace and constables," ap- 
proved December 30, 1827, which amendment was ap- 
proved January 13, 1829, shall not be construed so as to 
Clerks duties, prevent any clerk from ordering an election for consta- 
ble to fill any vacancy in said office, unless the county 
commissioners court are petitioned as now required. 

[Approved, Feb. Uth, 1831.] 



COUNTIES. 

In force an act establishing the counties op jasper and 
Feb. 15, 1831. 

EFFINGHAM. 

Jasper county {^j,^^ i, ^e ^7 enacted by the People of the Stale of 
Illinois, repr'esented in the General Assembly, That all that 
tract of country lying within the following boundaries, 
to wit: beginning at the south-east corner of section 
No. 22, of township 5 north, in range No. l4, west 
of the second principal meridian, thence north with the 
sectional line to the north-east corner of section No. 3, 

Boundaries, of township No. 8 north, in range No. 14 west; thence 
west with the line dividing townships 8 and 9 north, to 
the north west corner of section No. 6, in range No. 8 



COUNTIES. r i 

*J X 

cast; thence south with the hne dividing ranges No. 7 

and 8 east, to the south-west corner of section No. 19, in 

township No. 5 north; thence east with the section line 

to the place of beginning; shall constitute a county, 

hereafter to he organized on petition of a majority^of the 

legal voters therein, which shall he called the county 

of Jasper; and the county seat thereof, when selected County seat. 

and located, shall be called J\''ewton» 

Sec. 2. All that tract of country lying within the fol- Effingham 
lowing boundaries, to wit: beginning at the north-west f.*^y"ty ^^*^^' 
corner of the aforesaid county of Jasper^ and running 
south with the line thereof to the south-east corner 
of townships No. 6; thence with the line dividing toAvn- 
shijDs No. 5 and 6, to the north-west corner of township Boundaries. 
No. 5 north, in range No. 4 east; thence north with the 
township lines to the north-west corner of section No. 19, 
of townships No. 9 north, in range No. 4 east; thence east 
with the section line to the north-east corner of section 
No. 24, in range 6 east; thence south with the township 
line to the south-east corner of township No. 9 north; 
thence east to the north-east corner of township No. 8 
north, in range No. 7 east; and thence south with the 
range line to the place of beginning, shall constitute 
a new county, hereafter to be organized, to be called the 
county of jE/^n^Af/m, and the county seat thereof, when County seat, 
selected and located, shall be called by such name as the 
commissioners, who shall select and locate the same, shall 
designate. 

Sec. 3. Nathan Mars, William Magill, and Asahel Commis- 
Heath, are hereby appointed commissioners to locate the ^'<^"ers to lo- 
seat of justice for the county of Jasper, and John Haley, justice of^ 
James Galloway, and John Hall, are hereby appointed Jasper, 
commissioners to locate the seat of justice for the county Commis- 
cf Effingham. The said commissioners, or a majority of^^^^^^^'^^^j^' 
them, are hereby required to proceed to examine the said justice of 
commissioners respectively, at any time they may agree Effingham, 
upon, previous to the first day of November next, and with Their duties, 
an eye to the best interest of said counties, shall select a 
suitable place for the seat of justice for each of said 
counties. The commissioners respectively, are hereby 
empowered to receive from the owner of such lands 
as they may select for the purpose aforesaid, a donation 
of not less than twenty acres; or they may receive dona- 
tions in money, w^hich shall be applied to the purchase of 
lands for such purpose; and in either case they shall take 
good and sufficient deeds therefor, granting the land in 
fee simple^ for the use and benefit of said counties, as 



3S 



Jasper. 



EgfEngham. 



Compen- 
sation. 



COUNTIES. 

the case may be. The commissioners, if they shall select 
lands belonging to government, shall purchase a half 
quarter section in each of said counties, for the use and 
benefit of such county, provided they shall receive dona- 
tions in money sutficient to make such purchase or 
purchases. When tbe commissioners shall have made 
the selections of land for the permanent seats of justice 
for the respective counties, those for the county oi Jasper 
shall report their proceedings to the recorder of Crawford 
county; and those for the county oi Effingham shall re- 
port their proceedings to the recorder of Fayette county; 
who shall receive and keep the same in their respective 
offices until the said counties shall be organized, when 
they shall transmit the same to the clerks of the county 
commissioners court of the aforesaid new counties, 
respectively. The several commissioners shall be allow- 
ed the sum of three dollars per day each, for each day 
necessarily employed by them in performing the duties 
herein prescribed, which shall be paid out of the first 
moneys arising from the sales of lands, bought or donated 
as aforesaid; and the several recorders shall issue certifi- 
cates of the same to the comm ssioners, at the time 
tbe said reports are filed. 

[Approved^ Feb, 15th, 1831.] 



In Force 
T^. 9, 1831. 



Bowidaries. 



AN ACT TO ESTABLISH ROCK ISLAND COUNTY. 

Sec 1 . Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That all 
that tract of country within the following boundaries, 
to wit: beginning at a point in the midjleof the main 
channel of the Mississippi river, where the north line of 
township fifteen north of the military bounty tract inter- 
sects the same: thence east with said line to the fourth 
principal meridian; thence north with said meridian to the 
middle of the main channel of Rock river; thence up the 
middle of the main channel of Rock river, with the 
meanders thereof, to the confluence of tbe Marais d''os'ee 
sloup^b, or creek, with said river: thence along tbe rnXd- 
die of the said Marais d^ogee slough, or creek, to the Mis- 



C20WNTIBS. 

sissippi rirer, and to a point in the middle of the main 
chanael thereof; thence down along the midlle of the 
main channel of the Mississippi river to the place of 
beginninjjj, shall constitute a county to be called jRocA; ^'amo. 
Island, 

Sbc. 2, Whenever it shall be made appear to the When and 
satisfaction of the presiding judge of the circuit court, of ^^^. ^^^^^^ ^^" 
Jo Daviess county, that the said county of Rock Island^ 
contains three hundred and fifty inhabitants, it shall be 
his duty to grant an order for the election of three 
county commissioners, one sheriff, and one coroner, to 
serve when elected in and for said county, until they 
shall be superseded by the persons who may be elected at 
the next general election, which shall take place after 
the n^scial election herein provided for, as aforesaid; 
and j^nJl also state in said order, the day and place for 
the Holding of said election, the names of three qualified 
persons to act as judges thereof, and the manner of 
conducting the same, which shall be as near as practi- 
cable in conformity with the law regulating elections: 
After which election, the said county of Rock Island shall 
be considered as organizt^d, and entitled to the same 
rights and privileges as the other counties in this state. 

Sec. 3. The county commissioners, when elected and Seat of jukr 
qualified, shall proceed at their first term to fix upon the tice. 
temporary seat of justice for said county, and provide a 
place for holding-tlie circuit and county commissioners' 
courts therein, until a permanent seat of justice shall be 
established by law. The terms of the circuit court shall Terms of cir- 
be fixed at such times as may be appoiiited by the judge ^uit court. 
of the judicial circuit to which the said county may be 
attached. 

,^ Sec. 4. Until the said county shall be organized as Attached to 
aforesaid, the same shall remain attached to the county Jo Daviess 
of Jo Daviess, as at present, for all judicial and other -^jg^J ^^°*"~ 
cou itv purposes. This act to take effect from and afler 
its passage. 

{Approved^ Feb, 9th, 1831.} 



Boundaries. 



^A COUNTIES. 

In Force an ACT TO CREATE AND ORGANIZE THE COUNTIES 

Jan. 15, 1831. THEREIN xNAMED. 

Sec 1. Be it enacted by the People oj the State of 
Illinois, represented in the General Assenibly, That all 
Cook county ^jj^^ tract of country, to wit: CLmmencing at the boun- 
es a IS e . j^j,^ j-j^^ between the states of Indiana and Illinois, at 
the dividing line between towns thirty-three and thirty- 
four, north; thence west to the south-west corner of town 
thirty-four, north of range nine, east; thence due north 
to the northern boundary line of the state; thence east with 
said line to the north-east corner of the state; thence 
southwardly with the line of the state to the place of 
beginning; shall constitute a county to be called Cook; 
and the county seat thereof is hereby declared to be 
Seat of jus- permanently established at the town of Chicago^ as the 
^^^* same has been laid out and defined by the canal com- 

missioners. 
T S 11 coun- ^^^' ■^' ^^^ ^^^^ tract of country embraced in the 
tv established following boundary, to wit: commencing at the south- 
west corner of Cook county; thence south thirty miles; 
thence west to the third principal meridian; thence 
north with said meridian line forty-eight miles; thence 
Boundaries, east in a right line forty-eight miles to the western boun- 
dary line of Cook county; thence south with said boun- 
' dary line to the place of beginning; shall constitute and 

be called the county of La Salle; and the permanent 
Seat'of jus- county seat thereof is hereby established at Ottawa, as 
tice. the same has been surveyed and laid out by the canal 

commissioners, on the north side of the Illinois river. 
Putnam coun- ^^^' ^* ^^^ *^^* tract of country, to wit: commen- 
ty established cing at the south-west corner of town twelve, north, range 
six, east, running east to the Illinois river; thence down 
the middle of said river to the south line of town twen- 
Bonndaries. ty-nine, north; therce east with said line to the third 
principal meridian: therce north with said meridian line 
forty-two miles; thence west to a point six mile^^'due 
nortli of the north-west corner of town seventeen, north 
of range six. east; thence south in a right line to the 
place of beginning ; shall constitute a county to be call- 
ed Putnam. 
^ . . Sec 4. Joel Wr'ght, Isaac Perkins, and John Ham- 

ers to select hn, shall be, and tbey are hereby appointed, com.mission- 
seat of jus- ers to select and locate the permanent seat of justice of 
t'^^* said county. Said commissioners, or a majority of them, 

shall meet at the bouse of William Hawes, in said coun- 
ty, on the first Monday in May next, or within three days 



COUNTIES. 55 

thereafter, and after being first sworn before some justice 

of the peace faithfully and impartially to loca-e said seat 

of justice as near as practicable in the centre of said ^^^^^ t^uties. 

county, on the Illinois river, (if there is any suitable site,) 

with a just regard to its present and susceptibility of fu- 

ture population, shall select, designate, and permanently 

locate the seat of justice of said county, which shall be 

called Hennepin. 

Sec. 5. If said location should be made on private 
property, and the owner thereof shall give a quantity of Donation? 
land to the county, not exceeding twenty acres, to be 
laid off into town lots and sold for the benefit of said 
county, by the county commissioners of said county, the 
proceeds of which shall be appropriated to the erection 
of public buildings, the said commissioners in that case 
shall take a title, in fee simple, from the donor to the 
county commissioners of said county, for the use of the 
county aforesaid, to such donation as is provided for in 
this act. 

Sec. 6. If said commissioners should locate said seat if located on 
of justice on the lands owned by the government of the public land, 
United States, it shall be the duty of the commissioners 
to report the same to the clerk of the county commis- 
sioners' court, who shall notify the county commission- 
ers thereof, and it shall be their duty to purchase the 
same of the United States, and shall lay the same off 
into town lots, and make sale of the same from time to °^" ° ^'■ 
time as they may think proper, the proceeds of which Court-hoase 
shall be applied to the erection of a court-house and jail and jail, 
on the public square of said town. 

Sec. 7. Said commissioners shall each b^ entitled to 
the sum of two dollars per day, for each day they may Comnensa- 
necessarily be engaged in locating said seat of justice, tion. 
going to, and returning home from the same, to be paid 
out of the treasury of the county. 

Sec 8. There shall be an election held at the house Elections for 
of William Hawes^ in said county, one at Ottawa, in La ^°"" ^ ° 
Salle county, and one at Chicago in Cook county, pn the ^ 
first Monday in March next, for one sheriff, one cbro- 
ner, and three county commissioners, in each of said 
counties. Public notice thereof shall be given by some 
justice of the peace, living within the boundaries of each 
of said counties respectively, and said elections in other ^Y^^''^*^^^*'^*'*/ 
respects shall be conducted as elections are provided for 
in other cases. 

Sec. 9. It shall be the duty of the county commis- 
.^ioners' courts of each of said counties to provide some 



5^ COUNTIES. 

Place of kold- suitable place for holding court at tlje respective coun- 
in- courts. ^^ seats of each of said counties, (if it can be done,) and 
if not, then at the nearest convenient place to said coun- 
ty seats, until suitable court-houses can be erected. 
Public build- ' Sec. 10. The public buildings at Chicago shall be 
ing3atChica-gj,^^|.gj ou the public square, as laid off by the canal 
^ ' commissioners, on the south side of the Chicago river; 

At Ottowa ^"^ ^" ^^^ public square laid off at Ottowa, on the north 
side of the Illinois river. 

Sec. 11. If the canal commissioners shftll make any 
Pabhc build- j^^^^j of lots for the erection of pubhc buildings, at 
ini(sat Cnica- . . ^ . . r •t 

go&; Ottowa. Ottowa or Chicago, <^o the county commissioners oi said 

counties, it shall be the duty of the county commission- 
ers' courts of each of said counties to sell the same 
whenever they may think it best, and apply the pro- 
ceeds thereof to the erection of a court-house and jail, 
at said county seats respectively. 
Territory at- Sec. 12. Townships 12, 13, 14, 15, 16, 17, and 18, 
tached to north, range five, east, shall be attached to, and shall 

enr> co. hereafter form part of Henry county. 
Ferries-. Sec. 13. The ferries to be established at the seats 

of justice of the several counties aforesaid, shall vest 
absolutely in the several counties created by this act. 
And the county commissioners court of the several coun- 
ties shall, without delay, provide a suitable boat, or 
other water craft, at each of said county seats, and may 
employ one or more ferrymen to keep said ferry, or may 
let the same for any price they may think proper, or 
gratuitously, to any person from year to year. Said com- 
missioners shall be entitled to such rates and charge such 
ferriage as is reasonable and just, and which shall not 
exceed the ordinary rates allowed on similar rivers: pro- 
vided, however, that the citizens of said counties shall 
be entitled to cross at said ferries free of ferriage, when 
on business. And if the commissioners courts of said 
counties shall at any time fail or refuse to furnish proper 
water craft, or to keep the same in repair, they may be 
indicted and punished as other ferry-keepers are: provi- 
ded, however, that nothing contained in this act shall be 
so construed as to divest any person of a ferry already 
established by law, where the occupier was the legal 
owner of the soil, at the landing on either side of said 
rivers, at the time when such ferry was established, or 
whose ferry has been established since said person ac- 
quired a legal right to the soil upon which the landing 
was made. 
Sec. 14, The county commissioners court of Coah 



COUNTIES y^ 

County is hereby authorised to purchase of the govern- <^o ok county 
ment of the United States a quantity of land in section ^^j^J-'^*' ''^^J/j'"' 
ten, town thirty-nine nortii, of range fourteen Ccist, not ed it!^ ^^^''°" 
exceeding eighty acres, to be laid out into town lots, and 
sold from time to time, as they may think proper; the 
proceeds of which, when sold, shall be appropriated to 
the erection of a court house and jail. 

f Sec. 15. All the country north of La Salle county, to Territory at- 
the northern boundary line of the State and parallel with taohed to 
the lines of said county, is hereby attached to said coun- ^^''^^ ^"^ ^'^ 
ty* And all the country north of Cook county, and par- 
allel with the lines of the same, as far northward as Rock 
river, is hereby attached to Cook county. 

[.Approved, Jan. 15, 183 U] 



AN ACT CREATING m'iean COUNTY, In Force 

Dec. 25, 1830. 

Sec. 1. Be it enacted hy the People of the State of Illi- 
nois, represented in the General Assembly, That all that 
tract of country lying within the following boundaries, to 
wit: Beginning at the south-west corner of township Boundaries, 
numbered twenty-one north, of range numbered one, 
west of the third principal meridian; thence north be- 
tween ranges numbered one and two, west of said meri- 
dian, to the north-west corner of township numbered 
twenty-eight north; thence east, between townships num- 
bered twenty eight and twenty-nine, to the north-east 
corner of township numbered twenty-eight, of range 
numbered six, east of the third principal meridian; 
thence south, between ranges numbered six and seven, 
east of said meridian, to the south-east corner of town- 
ship numbered twenty-one north, of range numbered 
six, east of said meridian; thence west to the place of 
beginning: shall constitute a new county, to be called 
McliCan. 

Sec. 2. For the purpose of fixing the permanent Commission- 
seat of justice of said county, the following named per- ers to locate 
sons are appointed commissioners, viz: Lemuel Lee, of ^?^^ ^^ J"^' 
Fayette county, Isaac Vw^ and Elisha Freeman, of 
Macon county; which commissioners, or a majority of 

F3 



58 



If on private 
])roperty, a 
donation re- 
quireil. 



1: on public 
Jand, the 
-ainc to be 
purchased by 
<ro. Com'rs. 



Jleport. 



J'own to be 
iaid off, and 
lots sokl. 

proceeds how 
appropriated. 
Deeds to be 
made. 

Election. 



COUNT'IES; 

them, shall meet at the house of Jamfes Allelic in saict 
county, on the second Monday of February next, or 
within five days thereafter, and being first duly sworn 
by some justice of the peace of the State, faithlully and 
impartially to take into view the convenience of the 
people, the situation of the present settlement, with a 
strict view to the population and settlements which will 
hereafter be made, and the eligibility of the place, shall 
proceed to explore and carefully examine the country, 
determine on and designate the place for the permanent 
seat of justice of the the same: provided, that the pro- 
prietor or proprietors of the land shall give and convey, 
by deed of general warranty, for the purpose of erecting 
public buildings, a quantity of land, in a square form, or 
not more than twice as long as wide, not le ss than twen- 
ty acres; but should the proprietor or proprietors of the 
land refuse or neglect to make the donation aforesaid, 
then said commissioners shall fix the said county seat 
(having in view the interest of the county) upon the land 
of some person who will make the donation aforesaid. 
If the commissioners shall be of opinion, that the proper 
place for the seat of justice is, or ought to be, on lands 
belonging to government, they shall so report, and the 
county commissioners shall purchase one half quarter 
section, the tract set forth, in their name, for the use of 
said county. The commissioners aforesaid, so soon as 
they decide on a place, shall make a clear report to the 
county commissioners' court, and the same, shall be re- 
corded at length in their record book. The land dona- 
ted, or purchased, shall be laid out into lots, and sold by 
the county commissioners to the best advantage, and the 
proceeds applied to the erection of public buildings and 
such other purposes as the commissioners shall direct, 
and good and sufficient deeds shall be made for the lots 
sold. 

Sec. 3. An election shall be held at the several pla- 
ces of holding elections, as now laid off by Tazewell 
county, in the said county of McLean, on the second 
Monday of March, next, for one sheriff, one coroner, 
and three county commissioners, who shall hold their 
offices until the next general election, and until their 
successors be qualified: and the justices of the peace 
and constables who are now in office and residing within 
the limits of said county of McLean, shall continue in 
office until the next quadrennial election for justices of 
pea^e and constables, and until their successoi's be quafi- 



COUNTIES. 59 

ified. And it shall be the duty of the clerk of the cir- ^®*'';® 

cuit court of said county, and if there be none acting, 

then the recorder, or judge of probate shall give at least 

fifteen days notice previous to said election, and who 

shall appoint the judges and clerks of said election, who 

shall be legal voters; and the returns of the election Returns to bo 

shall be made to the clerk, recorder, or judge o^ pro-^^^^Jg^^^""' 

bate, as the case may be, who gave the notice aforesaid, 

and by him, in the presence of one or more justices of 

the peace, shall be opened and examined, and they 

jointly shall give to the persons elected commissioners, 

certificates of their election; and like cerUficates to the 

persons elected sheriff and coroner, to forward to the .■,/.. 

Governor; which election shall in all other respects be Governor. 

conformable to law. 

Sec. 4. All courts for said county shall be held at the Courts to be 
house of James AJlen, until public bui dings are erected, ^J^j^^ '"^^ ^^^ 
unless changed to some other place by order of the coun- ^^^^ 
ty commissioners court, who shall make the same a mat- 
ter of record. 

Sec. 5. The commissioners herein appointed to locate Compensa- 
the county seat, shall be allowed two dollars per day, *^°" ^° ^^°^'^^ 
each, for every day by them necessarily employed in 
making said location, to be paid by said county. 

Sec. 6. The seat of justice of said county of Mc- Name of ^ 
Lean, shall be CJilled and known by the name of Bloom- ^^^^^^^ '^^*' 
ingtar^ 

[Approved, Dec, 25th, 1830.] 



AN ACT ESTABLISHING COLES COUNTY. ll' ^ *^^*^f oon 

Dec. 25, i oiU 

Sec. 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That all that 
tract of country within the following bounds, to wit: 
beginning at the north-east corner of section four, in Boundaries, 
township sixteen north, in range fourteen west of the se- 
cond principal meridian; thence west on the line di- 
viding townships sixteen and seventeen, to the eastern 
boundary of range six cast of the third principal meri- 



60 



Commis- 
sioners to lo- 
cate the seat 
of justice. 



If on priv. 
prop, a do- 
nation re- 
quired. 



If on public 
land, the same 
to be pur- 
chased by 
eounty com. 

t . 



COUNTIES. 

dian; thence south on said line, the hne dividing ranges 
six and seven, the eastern boundaries of Macon and 
Sheihy counties, to the south-west corner of Clark coun- 
ty, township nine north, range six; thence east on the 
line dividing townships eight and nine, to the south-east 
corner of section thirty one, the east boundary of irac- 
tional range eleven east; thence noith on said line, which 
is the division between fractional range eleven and range 
fourteen, to the north-east corner of section nineteen, in 
said range eleven, in township twelve north; thence to 
the north-east corner of section twenty-one, in said town- 
ship twelve, and range fourteen; thence north on sec- 
tional lines, the centre of said range, to the place of be- 
ginning, shall form a new county, to be called Coles. 

Sec. 2. For the purpose of fixing the permanent 
seat of justice of said county, the following persons are 
appointed commissioners, viz. : William Bowen of Ver- 
milion county, Jesse Essarey of Clark county, and Joshua 
Barb ee of Crawford county; which commissioners, or a 
majority of them, shall meet at the house of Charles 
Eastin, in said county, on the fourth Monday in January 
next, or within five days thereafter, and being duly sworn 
before some justice of the peace of the state, faithfully 
and impartially to take into view the convenience of the 
people, the situation of the present settlement, with a 
strict view to the population and settlements which will 
hereafter be made, and the eligibility of the place; shall 
proceed to explore and carefully examine the country, 
determine on and designate the place for the permanent 
seat of justice of the same: provided, the proprietor or 
proprietors of the land shall give and convey by deed of 
general warranty, for the purpose of erecting public 
buildings, a quantity of land in a square form, or not 
more than twice as long as wide, not less than twenty 
acres: but should the proprietor or proprietors of the 
land refuse or neglect to wiake the donation aforesaid, 
then and in that case said commissioners shall fix said 
county seat (having in view the interest of the county) 
upon the land of some person who will make the dona- 
tion aforesaid. If the commissioners shall be of opinion 
and decide that the proper place for said seat of justice 
is, or ought to be, on land belonging to government, they 
shall so i-eport, and the county commissioners shall pur- 
chase one half-quarter section, the tract set forth, in their 
name, for the use of the county. The commissioners ap- 
pointed to locate the seat of justice shall, so soon as they 
decide on the place, make a clear report to the comnjisr 



COUNTIES. /> ^ 

sioners court of the county, and the same shall be record- 
ed at length in their record book. The land donated, or Town to be 
purrhased, shall belaid out into lots, and sold by the l^^^."'^' ^"^ 
commissioners of the county to the best advantage; and ^^ ° ^^° 
the proceeds applied to the erection of public buildings, 
and such other purposes as the commissio!iprs shall di-f'^°°^^^^,. 
rect; and good and sufficient deeds shall be made for the DeldTto be 
lots sold. made. 

Sec. 3. An election shall be held at the several Election, 
places of holding elections as now laid offby Clark coun- 
ty, in said Co/e^ county, on the Saturday preceding the 
first Monday in February next, for one sheriff, one coro- 
ner, and three county commissioners, for said county, 
who shall hold their offices until the next general elec- 
tion in 1832, and until their successors be qualified. Andj^- .. 
it shall be the duty of the clerk of the circuit court of said thereof. 
County, and if there be none, then the recorder, or judge 
of probate, to give at least fifteen days notice previous 
to said election, and who shall appoint the judges and ^^^"rns to be 
clerks of said election, who shall be legal voters: and the™*^''!*^ «, 
returns of said election shall be made to the clerk of the °^"° ^ ° ^^^ 
circuit court, recorder, or judge of probate, as the case 
may be, and by him, in the presence of one or more jus- 
tices of the peace, opened, and they jointly shall give to 
the persons elected commissioners, certificates; ai»d that 
of the sheriff and coroner to forward to the governor; ^"^ *°**^® 
which election shall in all other respects be conformable S^vemor. 
to law. 

Sec 4. All courts shall be held at the house of ^^^ j'"*'^ *?. ^® 
Charles Eastin, in said county, and continue to be held Eastin^s^ ^^* 
there until public buildings shall be erected for the pur- pro. tern, 
pose, unless changed to another place by order of the 
county commissioners court, who shall make the same a 
matter of record. 

Sec 5. The commissioners appointed to locate the Compensa- 
eounty seat, shall be allowed two dollars per day each,*^?".**'^*^'^' 
for every day necessarily employed in locating the same, ™^^^*^"^'^'* 
to be paid by said county. 

[Approved, Dec. 25, i830.| 



62 

COUNTY SEATS. 
In Force ^?« ACT TO establish a permanent sf,\t of justice for 

Dec. 24, 1830, rpjj^ coUNTY OF MCDONOUGH. 

County seat ^ec. 1. Be it enacted hy the People of the State ofUH- 
QW^^dl^eS )ioz5, represented in the General Assembly^ That the county 
a'w. " seat of the county of McDonough be, and is hereby per- 
manently established on the south-west quarter of sec- 
tion thirty-one. in township six, north of range two west; 
and that the commissioners of said county are hereby 
authorised to purchase the said quarter section of land 
of i^e United States, as provided for by the laws of Con- 
Name, gress: and that the name of said county seat be called 
Macomb* 

{Approved, Dec, 24, 1830.] 



In Force AN ACT TO ESTABLISH A PERMANENT SEAT OF JUSTICE FOR 

15thJan.l83l. KNOX COUNTY, AND FOR OTHER PURPOSES. 

Seat of jus- Sec. 1. Be it enacted by the People of the State of 

lice establish- j^/^ViozV, represented in the General Assembly, That the , 

seat of justice for the county of Knox be, and the same 

is hereby permanently estabhshed on the south-west 

quarter of section twenty-eight, in township eleven north, 

of range two east of the fourth principal meridian; and 

that the county commissioners of the said county of Knox 

be, and they are hereby authorised to purchase, for the 

use of said county, the said quarter section of land of the 

United States, as provided for by the laws of Congress, 

* and to lay off on the same a town, which shall be named 

"^°^^^- Henderson. 

Boundaries of Sec. 2. The boundary lines of the county of K^wx 
Knox. shall hereafter be as follows, to wit: beginning at the 

south-east corner of township nine north, in range four 
east of the fourth principal meridian; thence north on 
the line between ranges four and five east to the south- 
east corner of township twelve north, in range four east; 
thence east on the line between townships eleven and 



COUNTY SEATS. nq 

twelve north to the south-ea.-t corner of township twelve 
norJii raiM(?- five cast; thence -orth on the rancje line be- 
tweo"! r I \'^e'^ live and six east to the north-east corner 
of townsnip thirteen hb'*th range live east; thence west 
on the liiic between tovijships thirteen and fourteen 
north to the ionrth prMioipal meridian; thence south 
with said meridi'^n'to tiie sd'ith-west corner of township 
nine uortii, in ra .^j one enst* thence east on tlie line be- 
tween tovvnstiips eight and nine north to the place of be-^ 
ginning. 

Sec. 3. The boundary line of the county of flfenn/ Boundaries of 
shall hereafter be as follows, ro wit: beginning at the ^^"""y* 
south-east corner of township fo-irtten north, in range 
five east of the fourth principal meridian; thence north 
between ranges five and six east to the middle of the 
chaunel o( Rock river; the«ice down along the middle of 
the main channel of said river, with the meanders there- 
of, until it intersects the fourth principal meridian; 
thence south with said meridian to the soutii-west corner 
of township fourteen north, in range one east; thence 
due east on the line between townships thirteen and four- 
teen north to the place of beginning. 

Sec. 4. Until the said county of Henry shall be or- Territory at» 
ganized, the sam 3 shall be attached to the county of*^*^^**^- 
Snoo;, for all judicial and other purposes. -^ 

[Approved, Jaiu 15, 1831.] 



AN ACT PROVIDING E»R THE LOCATIOJJ OP A PERMANENT In VoRCE 

SEAT OF JUSTICE TOR HANCOCK COI NTY. JA^. l,l83l. 

Sec.^, 1. Be it enacted by the People of the State q/*Comnai8sion- 

Hhnois, represented in the General A^sembly^ That for the ers appointed 
•V I , . , , , , V. - , . . , to locate seat 

purpose of loratiiig the permanent sea^ oi justice in and ^f justice. 

for ihe couniy of Hancock, the followi :g named persons 

shall !>e, and they are hereb\ appointed commissioners, 

viz: Hart T^ellowes and Samuel Bogort;, of Schuyler 

county, and Daniel McNeiU of Warrer> coun^), who, or 

a majority of them, a«e herebv required to meet at the 

house o'' James White, at the head of the Des (VToines 

rapids, in said county, on the last Monday in the month rjij^^j^ datie*. 



QA COUNTY SEATS. 

ofFebruary nexl, or within five days thereafter, and 
after being fir&t diily sworn by some judge, or justice ot 
the peace of said county, faithfully to iake into consider- 
ation the convenience of the people, the situation of the 
settlements, with an eve to the future population of said 
county, and the eligibility of the situation, shall proceed 
to fix upo:. a place for the permanent seat of justice for 
said county, and give it a name. 
To make Sec. 2. VVHien said commissioners, or a majority of 

report. them, shall have asjreed upon a place for a county seat, 

as provided in the first section of this act, they shall 
make report thereof in writing under their hands and 
seals, describing particularly the quarter or fractional 
quarter section, township, and range, upon which they 
have located the same, together with the name they may 
have given it, to the county commissioners court of said 
county, who shall at the next term of said court there- 
after, cause the said report to be entered upon the re- 
cords of said court; and the place so selected by the said 
commissioners, or a majority of them, shall be and remain 
^ the permanent seat of justice of Hancock county, and be 
known and called by such name as may be given it by 
said commissioners. 
Oompensa- ^^c» 3. The county commissioners court of said 
Iron. county shall allow the said commissioners such reason- 

able compel isati on per day for their services, as they 
may deem reasonable and just, not exceeding three dol- 
lars per day, out of the county treasury of said county. 
How to pro- Sec. 4. Should the said commissioners locate said seat 
ceedwithpro-Q£^,jgjj(,g on lands belonging to an individual or indivi- 
selected. dual?, thev shall ask and obtain a donation of any num- 
ber of acres not less than twenty, and also select and de- 
scribe said donation in their lepert, with reasonable cer- 
tainty by metes and bounds: provided, that should the 
proprietor or proprietors of such land refuse or neglect 
to make the donation herein provided for, the said com- 
missioners shall then be required to locate the county 
seat aforesaid, on the nearest eligible situation on public 
land; and it shall also be the dutv of said commissioners 
previous to locating the said county seat on the land be- 
iongmg to any individual or individuals, to take a deed, 
in fee simple, to said county, for such land as may be 
donated as aforesaid, 

[Approved, Jan, 1, 1831#J 



COUNTY SEATS. /if 

AN ACT TO AMEND AN ACT, ENTITLED "aN A«T TO ni>- '^ Foncn 
MOVE THE SEAT OF JUSTICE OF WAPASII COUNTY.*' A.>. lo, 1831 

Wliereas, the commissioners appointed by the act, to 
which this is an amendment, to assess the value of lots p 
in the town of Centreville, and for other purposes, have ^^^^^^ 
never all met for the performance of the duties thereby 
enjoined, whereby nothing has been done of a valid and 
legal nature: Therefore, 

Sec 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That tliCr) x- 
county commissioners' court of Wabash county be, and com'rs in re- 
they are hereby, authorized and required at their nextg^^fi to count" 
June term, to take jurisdiction of the matters and things JJ^^P'^*^^^^^" 
specified in the second section of the act io which Hiis 
is an amendment, and to perform the same duties in all 
respects whatever, as by the said section were required 
of the special commissioners therein named : Provided, 
the said court shall not be required to make out a report, 
but shall enter their proceedings? of record, and grant 
their orders upon the county treasury, as in other cases. 
Sec. 2. Any person aggrieved by the determination 
of the said county commissioners' court, in the premises, 
shall have the right to appeal to the circuit court of said a h i ii 
county, at any time within thirty days from the final or-ed! ^ ^^ 
der made, by giving notice to the clerk of the county 
commissioners' court, and filing a transcript of such final 
order with the clerk of the circuit court, and in such ap- 
peal no bond shall be necessary. 

Sec 3. Any person so disposed may relinquish any 
lot or lots heretofore bought by him in the town o^Cen-J^^q'JJ^^g^^ 
treville, and on such relinquishment it shall be the duty 
of the said county commissioners' court to refuna the 
amount of the purchase money, heretofore received, to 
such persons: Provided, such relinquishment be made 
before the assessment of damages shall take place as 
provided for in the first section of this act. 

[Approved, I5th Jan. 1831.] 



G 



j^/» COUNTY SEATS. 

In FORCE AN ACT PERMANENTLY TO LOCATE THE SEAT OP JUS- 

Jan. 15, 1831. 

' TICE FOR MONROE COUNTY. 



County seat 
established. 



Proviso. 



Duty of com 
relative there' 



Certain acts 
r.epcaled, 



Sec. 1. Be it enacted by the People of the State of 
Ilhnois^ represented in the General Assembly^ That the 
county seat of Monroe county is hereby permanently 
located and established in the town of Waterloo, on the 
public square thereof: provided, however, that the pro- 
prietors of said town of Waterloo shall give, as a dona- 
tion for tf^e use of said county, a number of lots, not less 
than twenty-two, as laid out on the original plat of said 
town, to be selected by the county commissioners of said 
county, or a majority of them. 

Sec 2. If the proprietors aforesaid shall fail to make 
the donation aforesaid, then and in that case the coun- 
ty commissioners of said county, or a majority of ihem, 
are hereby empowered to meet at the town of Waterloo 
aforesaid, on the first, second, or third days of February 
next, and proceed to locate permanently the seat of jus- 
tice for Monroe county, at the most eligible site, upon 
the lands of any person or persons who will make a do- 
nation to said county of not less than ten acres of land, 
for the use of the county, within one mile of said town 
of Waterloo. Said commissioners are to take into con- 
sideration the present and future population. All acts 
and parts of acts, coming within the meaning and pur- 
view of this act, are hereby repealed. This act to take 
effect and be in force from and after its passage. 

[Approved^ January 15, 1831.] 



j» AN AJCT TO aSIENO THE ACT ENTITLED '"^ AN ACT Fok 

1 June, 1831. THE removal of the SEAT OP JUSTICE OF WASH- 

ir,GTON COUNTY," APPROVED 19tH JAN. 1829. 



Courts to bo 
held at coim- 
t c seat. 



Sec 1. Beit enacted hy ilue People of the State of Illi- 
nois^ represented in the General Assembly^ That so much 
of the third section of the above recited act, as requires 
the circuit court for Washington county to be held at 
(Covington, be, and the same is hereby, repealed: and 



COUNTY SEATS. gf 

that hereafter the circuit court?, the county commission- 
ers' courts, an(i courts of probate, for said county, shall 
be held at Nashville, the seat of justice for said coun- 
ty, any law or usage to the contrary notwithstanding. 
This act to be in force from and after the first day of 
June nexti 

[Approved, 9th February, 1831.] 



\N ACT TO ESTABLISH A PERMANENT SEAT OF JUSTICE FOR In Force 

Jan.27, 183|, 
WARREN COUNTY. 

Sec. 1. Be it enacted by the People of the State of Illinois j 
represented in the General Assembly, That foi the purpose 
of locating the permanent seat of justice in and for the 
county of Warren, the following named persons shall be, 
and they are hereby appointed, commissioners, to wit: 
Hazen Bedel of Hancock county, John G. Sanburn ofCo"^D^^=s»o»- 
Knox county, and John McNeil of Fulton county, whp,^Qyjj°y ^^^^ 
or a majority of them, shall meet at the house of Ste- 
phen S. Phelps, in said county, on the first Monday in 
April next, or within ten days thereafter, and after be- 
ing duly sworn by some judge, or justice of the peace 
of said county, faithfully to take into consideration the 
convenience of the people, the situation of the settle- 
ments, with a view to the future population of said coun- 
ty, and the eligibility of the situation, shall proceed to 
fix upon a place for the permanent scat of justice for 
said county, and give it a name. 

Sec. 2. When said commissioners, or a majority of 
themj shall have agreed upon a place for a county seat, 
as provided for in the first section of this act, they shall 
Bfiake report thereof in writing, under their hands and To report 
seals, describing particularly the quarter, or fractional 
quarter section, township and range upon which they 
have located the same, together with the name they 
have given it, to the county commissioners' court of said 
county, who shall, at the next term of said court there- 
after, cause the said report to be entered upon the re- 
cords of said court. And the place so selected by said 
commissioners, or a majority of them, shall be and re- 



m 



ComptsB na- 
tion. 



How to pro- 
ceed with 
proj^rietor of 
land chosen 
Ibr county 
s^t.. 



Mereefr at- 
tached to 
Warren until 

cTfganizs^i, 



COUNTY SEATS. 

maiii the permanent seat of justice of AYarren county* 
and shall be known and called by 9uch name as may be 
given it by said commissioners. 

Sec* 3. The county commissioners' court of said 
county shall allow said commissioners such reas©nable 
compensation per day for their services, as they may 
deem reasonable, not exceeding three dollars per day, 
out of the county treasury of said county. 

Sec. 4. Should the said commissioners locate said 
seat of justice on lands belonging to an individual or 
individuals, they phall ask and obtain a donation of 
any number of acres of land, not less than twenty, and 
also select and describe said donation in their report, 
v/ith reasonable certainty by metes and bounds: provi- 
ded, that should the proprietor or proprietors of such 
land neglect o'" refuse to make the donation herein pro- 
vided for, the said commissioners shall then be required 
to locate the county seat aforesaid, on the nearest eligi- 
ble situation on public land. And it shall also be the 
duty of said commissioner?, previous to locating the said 
county seat on land belonging to any individual or indi- 
viduals, to take a deed in fee simple to said county, for 
such land as may be donated as aforesaid: and the same 
shall be laid off into town lots by the county commis- 
sioners of said county, and the avails thereof shall be 
applied to the erectio^i of the necessary public buildings 
in said county: provided, that nothing in this act shall 
be construed to authorise the said commissioners to 
locate the said seat of justice on any half quarter or 
quarter section of land, containing an occupied improve- 
ment, without the consent of the owner of said improve- 
ment. 

Sec. 5. The county of Mercer is hereby attached 
to the county of Warren, for all judicial and other pup- 
posos, until it shall be organized as provided for by law. 

fjpproted, JdJir, 27, 1831,J 



COUNTY SEATS. gg 

AN ACT TO PERMANENTLY LOCATE THE SfeAT OF JUSTICE ^Fp^J^^J^g^^^ggj 
TAZEWELL COUNTY. 

Sec. 1. Be it enacted by the People of the State of^^^'^^^^^^ 
Illinois^ represented in the General Assembly^ That ^Vil- poi^tej'. 
liam Porter, Matthias Chilton, and John T. Stewart, are 
hereby appointed comnnissioners, who, or a majority of 
whom, shall meet at the town of Pekin on the lirst Mon- 
day in April next, or within four days thereafter, and 
after being first sworn by some justice of the peace im- ^ 

partially to locate the county seat of said county, as suit-'^^®^^^"^*^' 
able to the prosperity of the same, and convenience of the 
inhabitants of said county as practicable, shall proceed to 
designate and permanently locate the same: provided, 
however, that the same shall not be located on private 
property, unless the proprietor or proprietors of the same 
shall make a title in fee simple to the county commis- JJ^g^jJ^" '^^" 
sioners of said county, for the iise of the county, of a 
quantity of land, not exceeding twenty acres, to be eligi- 
bly selected within the boundary of said location. 

Sec. 2. If said commissioners should locate said seat ^^Hc fanT 
of justice on the public lands, they shall notify the clerk connty com^ 
of the commissioners court, who shall notify the commis- missioners to 
sioners court of the same, (and if there is no clerk) then 1^"^*^ '^* 
some one of said commissioners of said county, and it shall 
be the duty of said commissioners court, when notified 
thereof, to make application for, and purchase the same. 

Sec. 3. That the property herein provided to be pur-j^?^^^^^* 
chased, or given, shall be laid out into town lots (or ifiots sold. 
already so laid off) shall be sold, and the proceeds there- 
of appropriated to the erection of a suitable court-house 
and jail. 

Sec. 4. Until the county seat of said county shall be J^^'/^^ ^^^^^^ 
located, it shall bejtheduty of the county commissioners pro. tern. 
court to procure a suitable house at Pekin, and (he seve- 
ral courts shall be held at Pekin until suitable buildings 
are furnished at the county seat. 

Sec. 5. That all the papers, records, causes, and pro- to^be'transfer 
ceedings,had in the courts heretofore held at Mackinaw, red fromMac'. 
shall be transferred, and the causes tried at the place of^inaw. 
holding court in Tazewell county. 

Sec. 6. The several officers, who have been elected County 
or appointed in Tazewell county, shall hold their offices officers. 
at their option; and if any vacancies have occurred, or 
shall hereby occur in the same, it shall be the duly of the 
clerk of the commissioners' court of said coui^ty to give 
f^n days public notice thereof; and there shall be an elec* 

G2 



i^Q DISTRICTS. 

Election to tion to fill the same, on the first Monday in March next, 
fill vacancief. j^gj^ at the several places of holding elections in said 
county; and the officers so elected shall be commissioned 
and qualified as in other cases, 
Compcnsa- ^ec. 7. Said commissioners shall be paid out of the 

county treasury of said county, two dollars and fifty cents 
for each day they may be necessarily engaged in locating 
said county seat, going to, and returning from the same. 

[Approved^ Feb, 16//i, 1 83 1. J 



tiou to com- 
missionere. 



DISTRICTS. 



Tn ITORCE AN ACT TO LAY OUT THE STATE INTO DISTRICTS, FOR THE 

Feb. 15, 1831. 

PURPOSE OF ELECTING REPRESENTATIVES TO THE CON- 
GRESS OF THE UNITED STATES. 

Consrresgional Sec. 1. Be it enacted by the People of the State of 

districts. Illinois, represented in the General Assembly, That for the 
purpose of electing three representatives to congress, the 
following districts are hereby established, numbered, first, 

fst t)istrict. second, and third. The first shall be composed of the 
counties of Gallatin, Pope, Johnson, Alexander, Union, 
Jackson, Franklin, Perry, Randolph, Monroe, St. Clair, 
Washington, Clinton, Bond, Madison, and Macoupin. 

2d. District. The second district shall be composed of the counties of 
White, Hamilton, Jefferson, Wayne, Edwards, Wabash, 
Lawrence, Clay, Marion, Fayette, iMontgomery, Shelby, 
Yermilion, Edgar, Coles, Clark, and Crawford. The 

3d District, third district shall be composed of the counties of Greene, 
Morgan, Sangamon, Tazewell, iVl aeon, McLean, La Salle, 
Cook, Putnam, Peoria, Henry, Knox, Jo Daviess, Mercer^ 
Warren, Hancock, McDonough, Fulton, Schuyler, 
Adams, Pike, and Calhoun. 

The members Sec. 2. One representative to Congress shall be elect* 

to be elected, g^j jj^ ^^^.i^ of the several districts aforesaid, at the gene- 
ral election held in the several counties on the first Moii'- 
day in August, 1832: provided, however, that if Con- 



DIVORCES. 



71 

grcss shall not apportion to this state three representa- Yroviso. 
Mves, no election shall be held as aforesaid. 

[Approved, Feb, i5th, 1831.] 



AN ACT TO DIVORCE THE PERSONS THEREIN NAMED. , 

IN FORCE 

Feb. 15, 183t .• 
Sec, 1 . Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That theS. &S. 
bands of matrimony heretofore existing between Samuel ^^^^^^ • 
Walker, of the state of Illinois, and Sarah Walker his 
wife, of the state of Pennsylvania be, and the same are 
hereby dissolved. 

Sec. 2. The bands of matrimony now existing between j. & s. Holm. 
Joshua Holm, and Sally his wife be, and the same are 
hereby dissolved. 

Sec. 3. The bands of matrimony now existing be-j .j.'j' j^^g^ 
tween Julia Jones, of Greene county, and her husband 
Thomas Jones, are hereby dissolved, and the said Julia 
shall hereafter bear the name of Reynolds, instead of 
Jones. 

Sec. The bands of matrimony heretofore, and now p. & E.Evans, 
existing, between Margaret Price Evans, of Greene 
county, and Elijah Evans her husband, are hereby dis- 
solved. 

Sec. 5. The bands of matrimony now existing be-E.&J.Jarrard. 
tween Elizabeth Jarrard, and John JaiTard, both of 
St. Clair county, are hereby dissolved. 

Sec. 6. The bands of matrimony now existing be- J • <^ M. Scott* 
tween John Scott and Margaret Scott, of Pope county; ^ &p 
and between Nathan Turner and Polly Turner, of Mor- Turner, 
gancou nty , are herby dissolved. 

Sec 7. The bands of matrimony existing between a. &L. 
Angelina Hebbart and Legar Hebbart, are hereby for- ^^^^^''^' 
ever dissolved. 

Sec 8. Thomas Elliott and Levina Elliott, are here-T.&L.EUiott 
by dissolved from the bands of matrimony. 

Sec. 9. The bands of matrimony now existing be-A.&R. 
tween Arthur Morgan, of St. Clair county, and Rebecca Morgatk, 
his wife, are hereby fox ey^r dissolved^. 



72 



DIVORCES. 



S. & E. Now- Sec. 10. The bands of matrimony heretofore, and 
^^^^' now existing, between Samuel Nowland, and Elizabeth 

his wife be, and the same are hereby dissolved for ever. 
J.&E. Ether- Sec. 11. The bands of matrimony now existing be- 
ton. tween James Etherton and Elizabeth t:therton ; betweea 

J. & P. Lang- John Langley and Patience Langley; between Green 
r^JMVT r Coleman and Mary Coleman; and between John W* 
man. 'Doty and Elizabeth Doty, be, and the same are, hereby 

J.&E. Doty, for ever dissolved. 

^y ^Q Sec. 12. The bands of matrimony now existing be- 

Mackelyea. tween William Mackelyea and Cloe Mackelyea; and 
J. Crawford &betw^een John Crawford, of Franklin county, and his 
wife. wife, be, and the same are, hereby for ever dissolved. 

Sec. 13. The marriage contract now existing be- 
S.&S.Strawn. ^^^^^ Stephen Strawn and Sarah Strawn, be, and the 
same is hereby declared null and void. 

Sec. 14. The bands of matrimony now existing be- 
J. ^^•^^^^'^"t^^en John Goodman and Clarissa his wife, are hereby- 
dissolved. 
J.&P.Quarles. Sec 15. The bands of matrimony now existing be- 
tween James Quarles and his wife Polly, of Jackson 
county, are hereby dissolved. 
J Carson & Sec 16. The bands of matrimony now existing be- 
wife.. tween Isaac Carson, of Fayette county, and his wife, are 

hereby dissolved. 

[Jipprovedy Feb. 15th, 1831.] 



FebTs^ISSL an A.OT TO DIVORCE JAMES VERMILION, AND OTbEBS. 

Sec 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly., That the 
j.&S.Vermil-^^^^s ^^ matrimony heretofore existing between James 
ion. Vermilion, of Lawrence County, and Sarah, his wife ; 

and the bands of matrimony heretofore existing be- 
E.& W.Rob- tween Eve Robins, of Randolph Counter, and William 
^^' Robins, her husband; :\rd the bands of ro'atrimony here- 

tofore existing between John Mize and Annetta, his 
J, iA. Miz5. ^ifg. ])^ ^ii(j tjjey are hereby, dissolved. 

[Approved, Feb. 15/A, 1831.] 



is 

EDUCATION. 

AN ACT CONFIRMING GRANTS OP PROPERTY MADfl FOR j . 

THE ENCOURAGEMENT OP EDUCATION, AND FOR OTHER Feb. 1, 183 f. 
PURPOSES. 

Sec. 1. Be it enacted hy the People of the State of Illi- 
nois^ represented in the General Assembly^ That all gifts Grants for 
and grants heretofore made of land for the erection of certain purpo- 
a school-house, a house for divine worship, aad for bu- thos^^^'^^V'* 
rying the dead, where such gift or grant of lacd shall sesT^ ^""^^ 
not exceed ten acres for a caurch or burying-ground, 
shall be held valid in law to the use of the person or per- 
sons, or religious society, therein named, for the pur- 
pose of education, for divine worship, or for the intei- 
ment of the dead, and none other: Provided, that such 
gifts and grants shall be recorded in the county where e<L ^ ^^^^'' 
such lands may lie, within twelve months from the pas- 
sage of this act. 

Sec 2. When any person shall hereafter deem it Deeds to be 
proper to make a donation or grant of land for the pur- made to cos 
pose of erecting a house for divine worship, a house for^^""^'*^* 
education, or for the interment of the dead, such deed 
of gift or grant shall be made and executed to the coun- 
ty commissioners of the proper county, and their suc- 
cessors in office, in trust, and for the use of the persons, 
society or collection of people, therein named; which 
shall be held and used by such society, persons, or body 
of people, as therein directed, for the sole use of educa- 
tion, divine worship, and interment of the dead, and none 
other ; which deed shall be recorded in the recorders' To be record^ 
office of the proper county, within twelve months after ^^' 
the execution of the same: Provided, that in no case 
shall such grant for the erection of a house for divine Limitation, 
worship exceed in quantity ten acres of land. 

Sec 3. If any person or persons shall commit any 
trespass upon the premises so granted, such trespasser Trespass how 
shall be liable to pay all damages so committed, to be P^^^^'^^'if 
recovered in the name of any person who will sue for 
the same; and when recovered shall be paid over to 
those persons or societies interested in the premises, to 
be expended by them in repairing such damages, or 
making any inpprovements thereon that they may think 
fit. 

Sec. 4. When any gift or grant, as aforesaid, shall 
be perverted, or used for any other purpose than cort- 



mA ELECTIONS. 

Grants per- templated by this act, or shall be abandoned by the do- 
^b'^^nJoned ^^^^' ^^^^ ^^^^ ^^ grants shall become vested in the 
to revert to countv where such lands may lie, unless otherwise di- 
county. rected, in such gift or grant by the donor, and shall be 

^ise directed ^^^^ ^^ *^^ Order of the county commissioners of such 
by donor. county, and the proceeds thereof applied for the use of 
education in such county, 

[Approved, Feb, h 1831.] 



ELECTIONS. 

In FORCE AN ACT PROVIDING FOR A SPECIAL ELECTION IN MADISON 

Jan. 1, 1831, county. 

Be it enacted hy the People of the State of Illinois, repre- 
sented in the General Assembly, That there shall be an 
Election to election of one representative in the county of Madison, 
fill thevacan-on Monday the tenth day of January, 1831, to fill the 
b^thrdeath'^ vacancy occasioned by the death of John B. C. Canal, 
ofj. B.cf Esquire: that notice thereof shall be given in the dif- 
Canal. ferent election precincts by the clerk of the county com- 

missioners' court of said county, without delay, and an 
election held, a return thereof made, and a certificate 
granted, as in other cases. 

[Approved, Jan* \$t, 1831.] 



In force an ACT TO AMEND AN ACT, ENTILED "aN ACT REGULATING 

Jan. 7, 1831. „ 

ELECTIONS. 



Be it enacted by the People of the State of Illinois, 

How vacancy represented in the General Assembly, That whenever any 
m county ^ i n i • ^ <r» /• , ••' 

court shall be vacancy shall happen m the omce oi county commis- 

#lled. s^ioner* by death, resignation, or ; otherwise, the clerk 



ELECTIONS. 



75 



of the county commissioners' court, when such vacancy 
shall occur, shall appoint a day to hold a special election 
to fill such vacancy, and shall give due notice to the 
several judges of the election to hold ihe same. 

[Approved, Jaiu 7th, 1831.] 



AN ACT TO PROVIDE FOR THE ELECTION OF A REPRESENTA- J^ ^°^^f.„, 

r £B. 9, lodl. 

TIVE TO THE CONGRESS OF THE UNITED STATES. 

Be it enacted by the People of the State of Illinois, repre- A special 
sented in the General Assembly, That the scYeral judges ®'^c<^i<^" *obc 
appointed to hold electiors for justices of the peace and g^^l j^J!^^"' 
constables, throughout this State, on the first Monday in 
August next, are hereby required to give twenty days 
notice that a representative to Congress is to he elected 
at that time, and place specitied ; and the clerks of said 
elections shall prepare poll hooks for that purpose; and 
the judges and clerks shall receive and record the votes 
efall persons offering to vote, who are legally entitled Returns to "he 
to vote for representative to Congress, and shall make°^ 
returns thereof as required hy law for making returns of 
elections^. 

[Approved, February ^th, 1831.] 



AN ACT Ta AUTHORISE ADDITIONAL VClth BOOKS TO BBljllfoRCK 
OPENED AT THE COUNTY SEATS OF THE SEVERAL COUN- ^^* ^' ^^^^ 



TIES IN THIS STATE. 



Be it enacted by the People of the State of Illinois, repre" 
''triied in ihe General Assembly, Thfit the county com- 



na PERRIES. 

County com- missioners' courts of the several counties of this State. 
Say'appoint ^^^ authorised, if they deem it necessary, to organize 
additional one or more additional sets of judges and clerks of elec- 
judges and tioris, in the precinct including the county seat. This 
alerks. ^ct to take effect from and after its passage. 

[Approved, Feb. 9th, 1831.] 



FERRIES. 

In force an act to authorize the trustees of the sixteenth 

Jan. 27, 1831. 

section, township sixteen south, range seven 

EAST^ TO KEEP A FERRY ACROSS THE OHIO RIVER, AND 
FOR OTHER PURPOSBS. 



Trustees may 
keep ferry. 



bounty 
court to fix 
the place. 



Rates of toll. 

How rates, 
and place 
maybe 
chansjed. 

May keep 
ferry by 
agent ? or may 
lease the 



Sec. 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the 
present trustees and their successors, trustees of section 
number sixteen, in township sixteen south, range seven 
east, in Pope county in this state, be, and they are hereby 
authorized, licensed, and permitted to keep a ferry across 
the Ohio river, at a point on said section sixteen, to be 
hereafter designated by the county commissioners' court 
of said Pope county. And for the purpose of ascertain- 
ing cetrainly the point at which said ferry shall be kept 
on said section, the county commissioners' court of said 
county shall, at their next March term, or as soon there- 
after as said court may legally convene, if they should not 
meet in said month of March, designate the point on said 
section where said ferry, hereby established, shall be 
kept, and enter the same of record. A nd the court shall, 
at the same term, establish on record the rates by which 
such ferry is to be governed. After the place of keeping 
such ferry, and the rates shall be so fixed by the court, 
there shall be no change in either, unless upon the peti- 
tion of two-thirds of the inhabitants of said township, and 
then the court may exercise a sound discretion. 

Sec. 2. The said trustees may cause said ferry to be 
kept by an agent to be appointed by a majority of them, 
or such majority may lease the said ferry, if they should 
think it more conducive to the interests of the inhabitants 



FERRIES. -- -r 

i I 

of said township. The ferriages received for crossinj^ al 
said ferry by the trustees agent, in case they should 
appoint me, or the money received for rent if the ferry- 
should be leased, shall be paid into the treasury of the Avails to L. 
hoard of trustees, and be appropriated by the board for^Pp'J^''^'^^^ 
the use of schools in said township: provided, that if the '^'^^^"°'- 
trustees should lease said ferry, the term of lease shall Pioviso. 
not extend beyond the term for which lots in said sec- 
tion are at present leased, and that the payments on such 
lease shall be made quarter yearly to the said treasury, 
so as to meet the engagements of the inhabitants of said 
township, with the teachers of their schools. 

Sec. 3. The said trustees shall cause said ferry to be Re'^ulalioi,.- 
furnished with a good tight boat, or boats, if more thanofibny. 
one be necessary, and other small craft of sufficient num- 
ber, strength, dimensions, and steadiness, for the safe and 
speedy transportation of all passengers, their teams, 
horses, cattle, and other animals, as well as their goods, 
chattels, and effects; and the said boat or boats, and other 
small craft, shall at all times be well furnished with suit- 
able oars, setting poles, rigging, and other implements 
necessary for the service thereof, and also with men of 
sufficient strength, discretion, and skill, to manage the 
same. And they shall keep at all times the places of em- 
barking and landing in good repair, by cutting away the 
banks and erecting wharves and causeways when neces- 
sary, so that passengers, their teams, horses, cattle, and 
other property, may be embarked and landed without 
damage or unnecessary delay. And in other respects 
the said trustees as keepers of a ferry shall be held to a 
strict compliance with the requisitions of the act, entitled 
*' an act to provide for the establishment of ferries, toll- 
bridges, and turnpike roads," approved, Feb. 12, 1827, 
except in cases hereinafter provided for. 

Sec. 4. It shall not be lawful for the said trustees to Resident 
appoint any other person than a resident freeholder of^'"5^'''''^®'L 
said township to the ottice of secretary, treasurer, or col- secrttury, 
lector, of their board. Treasurer, or 

Sec. 5. The said trustees shall not be required, as in C^^^'-'^^^''- 
other cases of ferry keepers, to take out a license from ^^^a^^e^^out * 
the clerk's office of the county commissioners' court of licence, 
said Pope county; nor shall thev be required to give forgive bond 
bond and security, as provided for in the act herein re- 
fer?*ed to, in the third section. But in all cases of a vio- 
lation of non-observance of so much of said last mentioned 
act, ^s is hereby made obligatory on ^hem, they maybe 
sued as trustees and ferry keepers as aforesaid, and reco- May be suefl. 

H 



7j^ FERRIES. 

veries had, hy any person or persons aggrieved, before 
any court having jurisdiction, in the same manner that 
other ferry keepers may be sued and recovered against, 
under the before recited act. And the said trustees shall 
discharge the amount of anyjudgment recovered against 
them as aforesaid, by an order on their treasury, which 
shall be paid out of any money therein not otherwise ap- 
propriated. 

[Approved, Jan, 27th, 1831.] 



In Force ^jj ^CT RELATING TO WIGGINs's ferry on the MISSISSIPPI 

''^■'•'^■'S"- RIVER. 

Rates of toll Sec. 1. Be it enacted hy the People of the State 9f 
to be spread jm^Qig^ represented in the General Assembly, That the rates 
nals of the of ferriage, as proposed in the communication of Samuel 
house. Wiggins, be spread upon the journals of the house, by the 

consent of said Wiggins, and that he be allowed hereafter 
to charge the prices therein stipulated, and no more. 
May revoke Sec. 2. This act shall be in force from and after its 
the same, passage. And if the second section of the act, entitled 
circumstances" an act to authorise Samuel Wiggins to estabUsh a ferry 
on the Mississippi river, opposite St. Louis," shall here- 
after be repealed by an act of the legislature of this state, 
then said Wiggins shall be entitled to revoke the rates 
herein referred to. 

{Approved, Fob. l^th, 1831.] 



In Force aN ACT TO AUTHORIZE DAVID PQTTS TO KEEP A PEt RY 

June 1, . ACROSS THE SALINE CREEK. 

Illinois, rq)resented in the General Assembly, That David 



FERRIES. 79 

Potts is hereby authorised to keep a ferry for ten years 
across the Saline creek, at or near the place where the 
road leading from Isaiah L. Potts' to Shawneetown 
crosses said creek. 

Sec. 2. Said Potts shall receive such rates for cross- ^^^^^ of tol]. 
ing at said ferry, as shall from time to time be allowed 
him by the county commissioners' court of Gallatin coun- 
ty, and in all respects be governed by law, as though the 
said ferry had been established by the order and permis- 
sion of said court. This act to take effect on the first day 
of June next. 

[Approved^ Ja^^ 7, 1831.] 



AN ACT AUTHORISING THE ESTABLISHMENT OP A FERRvInFoUCE 
ACROSS HE KASKASKIA RIVER, OPPOSITE THE TOWN OF ^ ^^' ^^' ^°^*' 



KASKASKIA. 



Sec. 1. Be it enacted by the People of the State of Illinois^ License of 
represented in the General Assembly^ That the license county coart 
heretoiore granted by the county commissioners court oi tees confinned 
the county of Randolph, to the trustees of the town of 
Kaskaskia, and to their successors in office, giving them 
the right of establishing a ferry across the Kaskaskia 
river, opposite the town of Kaskaskia, be, and the same is 
hereby recognized as valid, from and after the passage of 
this act; and that said ferry may continue in operation, And conr, 
under the same rules, regulations, and restrictions asti^^'^*^- 
other ferries, over said river, are now kept: but this act 
shall not be so construed as to affect any sight, or rights, 

accrued to any proprietor, or proprietors, of any ferry, or This act not 
r • A ■ / r '4- ■ 1 to affect nru 

lei;ries, over said river, nor any lorfeitures incurred pre-yate ri"ht=. 

vious to the passage of this act. This act to take effect 

from and after its passage. 

[Approved, Feb. 14, 1831.J 



80 

FRANKFORT. 

AN ACT FOU THE BENEFIT OP THE INHABITANTS OF 

Lir Force 

J ob. 15 1831. 'I'^^E TOWN OF FRANKFORT. 

Sec. I. Be it enacted by the People oj the State of 
May extend HUnois^ represented in the General Assembly^ That the lot- 
improvements holders in the town of Frankfort shall have the privilege 
if pltnc^''"'^^^ extending their improvements ten feet in front of all 
square. the lots that lie fronting the public square of said town. 

Sec. 2. And the lot-holders shall also have the pri- 

\ncl on cer- ^^^^S^ ^^ extending their improvements ten feet on the 

tuiDEtreeis. streets that run parallel with the different sides of said 

public square, on one side of said streets, that always 

being the side of the streets on which the lot-holders 

on the public square have extended their improvements. 

Sec. 3. In case the trustees of the said town of 

Frankfort shall at any time be desirous of changing the 

Trustees may gaj^ extensions which may be made by virtue of the pow- 

^ ' ers herein given, they shall be, and are hereby, vested 

with the power so to do. 

[Approved, Feb. 15, 1831,] 



HILLSBOROUGH. 

A\ ACT TO CHAjfGE CERTAIN STREETS IN HILLSBOROUGH. 

iNFORCB 

.JAN. 28,1831. 

Sec 1. Be it enacted by the People of the State of 

Illinois, represented in the General Assembly, That Ham- 
eertain streets ilton and Armstrong streets, in the town of Hillsborough, 
.'iltered. |)e changed from their present position, one hundred 

and twenty feet west; and said streets, when so chang- 
ed, shall be and for ever remain public streets of said 
town, subject to the same regulations they would have 
been, had no change taken place: Provided, that this 
act shall not be so construed as to extend to the cross 
streets at the end of Hamilton and Armstrong streets. 

Sec. 2. The lots of said town, on which the said 
streets will be thrown by the said, change, shall be re- 



IDIOTS. rt I 

moved sixty (eet east, so as to fill the ground from which Certain lota 
the said streets are removed. altered. 

Sec. 3. Summer street, in Tillson's addition to the 

town of Hillsborough, is hereby changed feet west, ^h^glJ ^^^ 

so as to make said Summer street a continuation, on a 
right Hne, of said Hamilton and Armstrong streets in 
Hillsborough. 

Sec. 4. Winter street, in Tillson's addition to the winter sf. 
town of Hillborough, is hereby vacated, and the ground vacated. 
on which it stands, together with the fractions of lot? on 
each side of Summer street, caused by its transposition, 
shall be, and are hereby, attached to the adjacent lots 
in said town. Said Summer street is subject to the 
same rules and regulations it would have been, had no 
change taken place in its position. 

Sec. 5. It shall be the duty of the county surveyor Comj^ysuf- 
of Montgomery county to survey said streets, as chang-veyortomak* 
ed by this act ; and the county commissioners' court of **^^ ^^^^^ sur- 
said county shall allow said surveyor a reasonable com-^^^^* 
pensation therefor, out of the county treasury of said 
county. 

[Approved, Jaiu 28, 1831.] 



IDI01>. 

AN ACT FURTHER TO SECURE THE PROPERTr OP IDIOTS, In FofeCB 

LUNATICS, AND DISTRACTED PERSONS. Jan* 1^1831. 

Sec. 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That any Not to be 
person, or persons, who shall trade with, or credit any '^^^^^ ^*^"' 
idiot, lunatic, or distracted person, either by note, bond, 
bill, or otherwise, all such contracts or obligations shall 
be void. 

Sec. 2. If any person, or persons, shall, by trading ^j^^^^^'^lg^^'^'J^ 
with, bartering, gaming, or any other device, possess swindling, 
himself, or herself, or themselves, of any property or val- 
uable thing, belonging to any idiot, lunatic, or notorious- 
ly distracted person, he, she, or thev shall be deemed 
guilty of swindling, and upon conviction thereof shall be 

H2 



82 



I*NC0RPORATlOH§^, 



liable to all the penalties as in other cases of swindling, 

and any person may appear and prosecute with effect. 

This bill having remained with the council of Revis- 

Certificate; io" ten days, Sundays excepted, and the General 

Assembly being in session, it has become a law, this 

19th dav of January, 1831. 

A. P. FIELD, 

Secretary of State*- 



IMPROVEMENTS ON PUBLIC LANDS. 

» 

AN ACT TO PROVIDE FOR THE COLLECTION OF DEMANDS 

fxx Force growing our of contracts for sales of .improve- 

Feb. 15, 1831, 

ments on public lands. 

Sec. 1. Be it enacted hy the People of the State of Illi- 
nois, represented in the General Assembly, That all con- 
Contracts for tracts, promises^ assump'^its, or undertakings, either writ- 
improveraents ten Or verbal, which shall be made hereafter, in good 

on public faith and without fraud, collusion, or circumvention, for 
land, valid. , , x r • i. j 

sale purchase, ©r payment ol improvements made on 

the lands owned by the government of the United 

States, shall be deemed valid in law or equity, and may 

be sued for and recovered as in other contracts. 

[Approved, Feb, 15, 1831.} 



INCORPORATIONS. 

In force a^ act to incorporate the inhabitants of such towns 

March 1, 1831. AS MAY WI?H TO BE INCORPORATED. 

Sec 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That whenever the 



INCORPORATIONS. 



83 



wlute males over the age of twenty-one years, being re- 
sidents of any town in ttiis state, containing not less than 
one hundred and fifty inhabitants, shall wish to become 
incorporated for the better regulation of their internal Town meet- 
police, it shall be lawful for the said residents, who may j^S^' ^T^ ^° 
have resided six months therein, or who shall be the 
owner of any freehold property therein, to assemble 
themselves together, in pu^jlic meeting, at the court 
house or other place in said town, and when so assem- 
bled, they may proceed to choose a presi-dent and clerk 
of the meeting from among their number, both of whom 
shall be sworn, or affirmed, by any person authorised to 
administer Tjaths, faithfully to discharge the trust repo- 
sed in them as president and clerk of said meeting: pro- 
vided, howev^ that at least ten days public notice of the 
time and place of holding such meeting, shall have been 
previously given by advertising in some newspaper of the 
town, or by setting up written notices, in at least three Notice, 
of the most public places in such town. 

Sec . 2. The residents, as aforesaid, of any town How to vote., 
having assembled as directed in the first section of this 
act, may proceed to decide by vote, viva voce, whether 
they will be incorporated or not, and the puesidertt and 
clerk, after their voies are given in, shall certify under President and 
their hands, the number of votes, in favor of being incor- ^.^^""^ ^o cer- 
porated, and the number against being incorporated; ^^'' 
and if it shall appear that two-thirds of the votes pre- 
sent, are in favor of being incorporated, the president 
and clerk shall deliver a certificate of the state of the 
polls to the board of trustees, to be elected as hereinaf- 
ter provided. 

Sec. 3. AVhenever the qualified voters, under this Election for 
act, of any town, shall have decided in the manner here- trustees. 
in provided, that they wish to be incorporated, it shall 
be the duty of the clerk of the meeting, at which they may 
so decide, to give at least five days previous public notice 
to the said voters, to assemble at the court house, or some 
other public place in such town, on a day to be named 
in such notice, to elect by viva voce vote, five residents 
and freeholders of such (own, for trustees of the same, 
who shall hold their office for one year, and until other 
trustecb are chosen and qualified ; at which first election, 
the president and clerk of the first meeting shall preside, 
or in case of the absence of either of them, some suitable 
person shall be appointed by the electors preside to fill 
such vacancy or vacancies. And at every succeeding 
election for president and trustees, the preceding board 



84 



INCORPORATIONS. 



of trustees shall direct the manner in which the same 
shall be conjucted. 
Trustees how '**E'-* ^' The board of trustees of any town elected 
organized. agreeably to the provisions of this act, shall choose a 
president out of their own body, and the president and 
trustees aforesaid, and their successors in office, shall 
thenceforth be considered in law and equity, a body cor- 
porate and politic, by the name and style of "the presi- 
dent and trustees of the town of ," and by such 

name and style shall be forever able and capable in law 
and equity to sue and be sued, to plead and be implea- 
ded, to answer and be answered unto, defend and be de- 
fended in all manner of suits, actions, plaints, pleas, cau- 
ses, matters and demands, of whatever kind or nature 
they may be, in as full and effectual a manner, as any 
person or persons, bodies corporate, or politic can, or 
may do, and may have a common seal, and may alter 
the same at pleasure. The said president and trustees 
shall require their clerk to keep a fair journal and re- 
cord of all their proceedings, and record all by-laws and 
ordinances which they may make, in a book to be pro- 
Tided for that purpose. 

Sec. 5. The president and trustees, or a majority 
Their powers, of them, of any town incorporated as herein directed, 
shall have power to make; ordain, and establish and ex- 
ecute such ordinances in writing, not inconsistent with 
the laws, or the constitution of this State, as they shall 
deem necessary to prevent and remove nuisances, to re- 
strain and prohibit gambling, or other disorderly con- 
duct, and to prevent the running of, and indecent exhi- 
bitions of horses, within the bounds of such town; to 
provide for Hcensing public shows ; to regulate and es- 
tablish markets; to sink and keep in repair public wells; 
to keep open and in repair the streets and alleys of such 
town, by making pavements, or side walks, as to them 
mav seem needful: Provided always, that the lot in front 
of which any side-walk is made, shall be taxed to pay at 
least one half of the expenses of making such side-walk. 
The said president and trustees shall also have power 
to provide such means as they may deem necessary to 
protect such town from injuries by fires. And for the 
purpose of carrying the aforesaid powers into effect, the 
said president and trustees shall have power to define 
the boundaries of such town: provided, that the same shall 
not exceed one mile square, and to levey and collect an- 
nually a tax, on all the real estate in such town, not 



INCORFORATIONS. " Og 

exceeding fifty cents on every hundred dollars, of assess- 
ment valuation thereof. 

Sec. 6. It shall be the duty of the said president and 
trustees, to cause all the streets and alleys of such town, Their dutie?> 
and all the public roads passing from and through such 
town, for one mile from the centre thereof, to be kept 
in good repair; and to this end, they are authorised to 
require every male resident of such town, over the ago 
of twenty-one years, to labor in said streets, alleys and 
roads, at least three days in each and every year; and 
if such labor shall be insufficient, to appropriate so much 
of the tax levied on real estate, as may be necnssary to 
keep the said streets, alleys and loads in repair; and 
also to appoint and prescribe the duty of all such offi- 
cers, for such town, as they mav deem necessary to carry 
into effect the foregoing powers; the collectort; of the 
corporation tax, and the treasurer, shall severaHy give 
bond, made payable to the president and trustees, and 
their successors in office, with good and sufficient secu- 
rities, in such sum as may by said president and trus- 
tees be deemed advisable. And a clause shall be in- 
serted, that if at any time additional security be requi- 
red, the same shall be given: the co'ulitions of which 
bonds shall be that the officer shall faithfally perform 
the duties of his office; and said officers shall remain in 
office one year, (unless sooner removed,) and until others 
shall be appointed, and shall have given bonds. 

Sec. 7. The said president and trustees, elected under Term en 
this act, shall continue in office for one year, and until ^^^^'^'^^* / 
their successors shall be elected and qualified. And it 
shall be their duty, before their time expires, to give at 
least ten days public notice to the qualified voters, under 
this act, to meet at such place as they may name, in such 
town, and elect a new board of president and trustees, 
for such town; and all vacancies, which may happen in 
said board by resignation, or otherwise, before their term 
of office expires, shall be filled by the other members of 
the board. The proceedings of said board shall always 
be public; and all their ordinances, before taking efTect, 
shall be published for at least ten days, in a newspaper of 
such town, or by setting up copies of the same, in three 
of the most public places in such town. A majority of 
said board shall constitute a quorum. 

Sec. 8. All moneys arising from the collection of Monies how 
taxes, ftnes, penalties, and forfeitures, sliall be appropria-^^peD^ed. 
ted by said president and trustees towards the erecting, 
improving, and regulating those objects which, by this 



86 



Accounts to 
be kept. 



May impose 
fines. 



Corporation 
may be dis- 
solved. 



Polls to be de 
livered to 
trustees. 



INCORPORATIONS. 

act, are placed under their control and jurisdiction, and i 
to none others. And it shall be their duty to have an ac- | 
count current of the fiscal concerns of the corporation so 
kept; as will at all times, shew the true situation of the 
same to such as may desire to inspect the same: and the 
said president and trustees shall have full power to en- 
force their ordinances, by authorising the person or per- 
sons by them appointed to collect any tax imposed in pur- 
suance of this act, to collect the same by distress and sale 
of goods and chattels of the person chargeable with the 
same, on giving at least thirty days public notice of the 
time and place of such sale: and, if no goods and chat- 
tels of the person chargeable with said tax, can be found, 
it shall be lawfu! to sell any town lot, owned by such per- 
s.on, or, so much thereof, as will pay the tax due and in 
arrear from any such person, upon giving at least thirty 
days notice of the time and place of making such sale^ 
paying to the owner, or owners, the overplus, if any. The 
president and trustees may impose fines for the breach of 
their ordinances; but no fine shall be inflicted on any 
one person, for anyone breach of any ordinance, of more 
than five dollars, which fine may be recovered before any 
justice of the peace, by action of debt, in the name of the 
president and trustees of such town, and collected by ex- 
ecution, as other judgments of justices of the peace. All 
fines collected in pursuance of this act, shall by the offi- 
cer collecting the same, be paid over to the treasury of i 
the corporation; and, for an omission to do so, such officer 
may be proceeded against by the president and trustees, 
in an action of debt for the same. 

Sec. 9. Two thirds of the qualified voters of any 
town, incorporated according to the provisions of this 
act, shall have power to dissolve the same, at any annual 
election for president and trustees, by voting against the 
incorporation, as is dii:ected in the second section of this 
act. 

Sec. 10. Whenever a president and trustees shall be 
elected for any town as herein directed, it shall be the 
duty of the president and clerk of the first meeting, pro- 
vided for in the first section of this act, to deliver to them 
a certified statement in writing, of the polls at said first 
meeting; and it shall be the duty of such president and 
trustees, to deposite the same with the clerk of the coun- 
ty commissioners' court, of the proper county to be en- 
tered on record, in his office ; and before entering upon 
their duty, to take an oath to dischargetheir duty a^ccord 
ing to their best abihties. ^ ' 



INCORPORATIONS. r.n 

Sec. 11. Whenever any town shall be incorporated Certain laws 
by this act, all other laws incorporating the same, or ma^c/^' '' 
to regulate in any way, the internal police of such town, 
shall be considered as repealed. The inhabitants of any 
town incorporated by this act, shall not be required to ^'^^ y^^^^ o" 
work upon any road, except as herein required. And ^ 
whenever any town corporation shall be dissolved, ac- 
cording to this act, all persons having any funds belong- 
ing to such corporation, in their hands, shall pay the same y^^^^ jjg. 
into the county treasury; and all bonds and securities solved county 
taken for the same by such c^orporation, shall vest in the to have funds, 
county commissioners for the use of such county, who 
may have and maintain any proceedings thereon in law 
or equity, which might have been had by the said corpo- 
ration. 

Sec. 12. This act shall be considered a public act, 
and shall be in force from and after the first day of March 
next. 

[Approved, Feb, 12, 1831.1 



AN ACT TO AMEND " AN ACT TO INCORPORATE THE TOWN ^^ fOB-CK 

OF MOUNT CARMEL, APPROVED JAN. 10, 1825." Feb. 10, 1831. 

Sec. 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That here- 
after all free white male inhabitants of the town of Who shall 
Mount Carmel, who are required to pay taxes to the "^^^^ ^^^ ^^^^' 
corporation, and whose names shall appear on the list of 
taxable inhabitants thereof, shall have a right to vote 
for trustees of the town. 

Sec. 2. The ninth section of the act to which this is 
an amendment, is hereby repealed. 

Approved, lOth Feb. 1831. 



88 

JUSTICES OF THE PEACE AND CONSTABLES^. 

»N FORCE ^"^ ^^'^ CONCERNING JUSTICES OF THE PEACE AND CON- 

Jan. 7, 1831. STABLES, AND CONCERNING COLES COUNTY. 

Sec 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly^ That no act 
Justice to re. of the present General Assembly, nor any act which may 
'"h*" k" °^^^ hereafter be passed, forming a new county, or altering 
ries^ofcoun-^"*^^ boundaries of a county, shall be construed to affect 
ties are alter- in any manner the tenure of office of any justice of the 
^'^' peace or constable, but they ma}^ remain in office and 

continue to act as such In the new county, or county to 
which they may be transferred, for and during the term 
of time for which they were severally elected, commis- 
sioned, &:c., as if no such alteration had taken place. 
Coles attach- Sec. 2. The county of Coles is hereby attached to, 
ed to fourtli and shall form a part of, the fourth judicial circuit for 
district. ^u judicial purposes. 

Approved^ January 7th, 1831. 



AN ACT TO AMEND AN ACT, ENTITLED " AN ACT CON- 

1 IV FOB PI? 

Jan. 4 1831. CERNING LANDLORDS AND TENANTS." 

Sec. 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That in all 
Landlord cases of distress for rent, it shall be lawful for the land- 
may seize for lord by r-imself, his agent, or attorney, to seize for rent 
T§nt. aj^y personal property of his tenant that may be found 

in the county where such tenant shall reside; and in ho 
case shall the property of any other person, although the 
same be found on the premises, be liable to seizure for 
rent due from such tenant: Provided, that any crop or 
crops, growing or -.aving grown on the premises, shall 
be liable for rent. 

Sec 2. In case of the removal or abandonment of 
the premises, or any part thereof, bv such tenant, all 
grain or vegetable, grown or growing upon any part of 
the premises so abandoned, may be seized hj the land- 
lord, his agent, or attorney, before the rent is due ; and 



LICENSES. on 

ihe latidlord so distraining, shall cause the grain or ve- When premi- 
geta>>les,so growing, to be properly cultivated '"itilper-Q'Jj'gj''b^^ten^' 
fected, and in all cases husband such grain or vegetables, ants, what 
grown as d growing, until the rent agreed upon shall be- P^o<^^®^^"§^' 
come due, when it shall be lawful for such landlord, his 
agent or attorney, to sell and dispose of the same, as in 
other cases of seizure, after the rent shall have become 
dut, and also to retain a just compensation for his care, 
culture, and husbanding of such grain or vegetables; 
Provided^ that suci tenant may at any time redeem the 
property so taken before the rent is due, by tendering 
the rent agreed upon, and all reasonable expenses at- 
tending the same, for care, cultivation, and husbandry, 
as aforesaid, or replevy the same, as in case of seizure, 
where the rent is due. 

This bill having remained with the Council of Revis- Certificate, 
ion ten days, Sundays excepted, and the General ^ 
Assembly being in session, it has become a law, 
this 4th day of January, 1831. 

A. P. FIELD, 
Secretary of State. 



LICENSES. 

AN ACT REQUfRTNG MERCHANTS, AUCTIONEERS, PEDLARS, 1^ ^°?*^^ ^o 

' 'March 1, 1831 

AND OTHRRS ENGAGED IN THE SALE OF GOODS, WARES, 

AND MEIiCHANDIZE IN THIS STATE, TO PROCURE A LI- 
CENSE FOR THAT PURPOSE, UNDER THE PENALTIES 
THEREIN PRESCRIBED. 

Sec. 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly^ That no Merchants, 
merchant, auctioneer, pedler, or other person, or per- Auctioneer^ 
sons, company, or corporation, shall hereafter be permit- Pedlars, &e. 
ted to vend, sell, or retail, either at pubUc auction or pri- c^se.^^" ^' 
vate sale, any goods, wares, or merchandize, without first 
having obtained a licence for that purpose, from the 
county commissioners' court, of the proper county in 
which, such goods, Wcires, or merchandize, may be offer- 
ed for sale; for which, he or they, at the granting there* 



QQ -^LICENSES. 

of, shall pay into the county treasury, for the use of such 
county, such sum as shall be assessed by the said court, 
not less than five, nor more than fifty dollars; which li- 
cense, when thus procured, shall authorize the applicant, 
or applicants, to whom the same may be granted, to 
vend, sell, and retail goods, wares, and merchandize, in 
Clock Pedlars ^"^^ county, for the term of one year, from the time 
to get special of granting the same; but no such hcense as aforesaid, 
Kcense. shall authorize any person, or persons, to vend, or peddle 

clocks in this state; but, in order to authorize anv person 
to ver.d or peddle clocks, he shall procure a special li- 
cense for that purpose, in the manner herein prescriled; 
and the county commissioners' court may grant licenses 
to venders and pedlars of clocks, for any term not less 
than three months, nor more than one year, which shall 
authorize such person or persons to vend and peddle 
< clocks within the county, for the time specified in the li- 
cense; but if the person applying for such license, shall 
not have resided within some county of this state, at 
least one year immediately preceding the time of apply- 
ing for such license, he shall pay for the same a sum not 
less than tw^enty-five, nor more than .fifty dollars, for 
every quarter of a year for which the license is to last; 
and if the person applying as aforesaid, sh -ll have resided 
in some county of this state one year immediately prece- 
ding the time of applying for such license, he shall pay 
for the same a sum not less than twelve dollars and fifty 
cents, nor more than twenty-five dollars for every.quarter 
Domestic pro- q{^ year, for which such license is to last, to be assessed 
Manufactures ^y ^^^ County commissioners' court, or their clerk, as in 
excepted. other cases, and the money to be paid into the county 
treasury; but any resident of this state may sell, without 
license, any articles not prohibited by law, except clocks, 
if such articles shall have been produced, or manufac- 
Provi^o. tured within this state by the person selling the same: 

provided, that this section shall not be construed to re* 
peal or alter the provisions of the 127th section of the 
act relative to criminal jurisprudence, approved Janu- 
ary 6, 18^27. 
„. . Sec. 2. In all cases where the said court shall not bo 

grant permit ^^ session, when application is about to be roade for a li- 
in vacation, cense, as aforesaid, it shall be lawful for the clerk of such 
court, to grant a written permission to such applicant or 
applicants to vend, sell, and retail goods, wares and 
merchandize as aforesaid, until the end of the next term 
of the said court, to be holden after the granting of such 
permit, and for one year from the date thereof, if the 



LICENSES. gj 

said court at their said next term shall, upon examina- 
tio'i and consideration, approve the same: provided such 
applicant or applicants shall first pay into the county 
treasury, for the use aforesaid, such sum as the said 
clerk in his discretion shall direct, in conformity with the 
rule prescribed in the first section, and as shall be 
usual in similar cases. 

Sec. 3. Where a permission is granted by the clerk 
in vacation as aforesaid, it shall be the duty of the Court, Court to ex- 
at their next term thereafter, to examine such permit/^^^^? ^^^^ 
and to proceed forthwith to assess the amount of the 
tax to be paid in such case, as in the case of an original 
application, and if the tax thus assessed shall correspond 
with the amount fixed by the clerk as aforesaid, they 
shall cause a license to be issued to the applicant or ap- 
plicants for the term of one year, commencing from the 
dale of the permit. If a greater sum shall be assessed 
than that fixed by the clerk, the applicant or applicants 
shall be forthwifcli required to pay over the residue to the 
county treasurer, under the penalty of forfeiting the 
amount already paid, and of having his or their permit 
revoked; but if a less sum shall be assessed, it shall be 
the duty of the Court to order a warrant to be drawn 
©n the treasurer in favor of such applicant or applicants 
for the overplus, payable out of any money in the coun- 
ty treasury not otherwise appropriated. 

Sec. 4. If any person or persons, company or cor- 
poration, shall directly or indirectly keep a store, or 
shall sell or retail any goods, wares, or merchandize, 
(except as herein before excepted) without being duly 
authorized by a license or permit as aforesaid, such per- 
son or persons, company or corporation, so oifendingt Penalty ftj- 
shall forfeit and pay any sum not e^xceeding one hun- J'^is^^^^^^ 
dred dollars, nor less than ten dollars, to be recovered 
hy action of debt, in the name of the People of the 
State of Illinois, for the use of the proper county, before 
any justice of the peace or court of record, having ju- 
risdiction of the same. In all which cases it shall be 
the duty of the county commissioners, sheriffs. Coroners, 
justices of the peace, constables, and clerks of the sev- 
eral courts in this state, and lawful for any other person 
or persons, in case of their neglect, to cause such ofi^end- 
ers to be sued, and the suit or suits prosecuted to efTect; 
and bail may be required in such cases without affidavit, 
if the court or justice in their discretion shall deem the 



m 



LICENSES, 



same uecessary to secure the county in the ultimate 
payment of any such penalty. 

Sec. 5. So much of the 15th section of the Act. 
entitled "An Act to provide for raising a revenue," ap- 
proved February 13, 1827, as authorizes the county 
commissioners' court to levy a tax on stock in trade; the 
Certain acts Act, entitled " An Act to authorize non-resident pedlers 
^pealed. '^ to sell goods in this state," approved March 30, !819, 
and the Act, entitled " An Act to amend an Act, entitled 
an Act to authorize non-resident pedlers to sell goods in 
this state," approved March 30, 1819, approved Febru- 
ary 14, 18^13; are hereby repealed. This Act to take 
efife<^ from and after tbje first day of iMarch next. 

[Approved, Feb. 16, 1831.] 



tOAJ^, 



, AN ACT TO AUTHORIZE THE GOVERNOR TO BORROW 4^ 

In POROE 

Jan. 27, 1831. SU3f OF MONEY ON BEHALF OF THE STATE. 

Sec. 1. Be it enacted hy the People of the State of Illi- 
noisy represented in the General Assembly^ That the Go- 
Governor au ver is hereby authorized to borrow, on the credit of the 
thorizedto state, a sum of money not exceeding one hundred thou- 
^loo CKK). ^'<i^^ dollars ; and the sum so borrowed shall be applied 
to the payment of .the ordinary expenses of the govern- 
ment, and all other appropriations by law, saving a suf- 
ficiency for those objects and the redemption of the notes 
of the state bank of Illinois, as they respectively become 
due: Provided^ that no engagement or contract shall be 
entered into which shall preclude the state from re-im- 
Prpviso. bursing any sum or sums thus borrowed, at any time 
after the thirty-first day of December, m the year one 
thousand eight hundred and fifty. 

Sec. 2. The Governor is hereby authorized to cause 
ftock^''^^^'*'^*^ be constituted certificates of stock, signed by the Au- 
ditor and countersigned by the Treasurer, bearing an 
interest not exceeding six per centum per annum, paya- 
ble semi-annually, at such places within the United States 
Jts may be agreed upon between the Governor and th*; 



LOAN. Q^ 

person or persons with whom the contract may be made, 
and re-imbursable as aforesaid; which stock, thus creat-^'ock trans- 
ed, shall be transferable on the hooks of the Auditor, or ^^^ 
on the books of such agent or agents as the Governor Agents for 
may appoint for that purpose iu any part of the United transferring. 
States, by the owner or owners of such stock, his, her, or 
their attorney, and new certificates of the same shall be jj^^y g^Qe^ 
issued to the new holder or holders, either by the Audi- shall be trans* 
tor and Treasurer, or by such agent or agents authorized ferred. 
to receive such transfers, at the option of the holder of 
any such stock, the original certificates of stock being 
thereupon cancelled, at the time of the issuing of the 
new certificates of stock in lieu thereof: And if such new 
certificates of stock be issued by the Auditor and Treas- 
urer, or agent or agents so appointed by the Governor, 
then the original certificates of stock, thus cancelled, 
shall be transmitted to the Treasurer of this state with- 
out delay, and deposited in his office, there to remain; 
And it is hereby further declared, that it shall be deem- 
ed to be a good execution of the said power to borrow, 
for the Governor of this state to cause the said certifi- 
cates of stock, or any part thereof, to be sold: Provided, 
that such certificates of stock shall not in any case be 
gold for less than their par value. 

Sec. 3. It shall be the duty of the Auditor and Trea- Auditor's and 
surer to procure a sufficient number of blank certificates Treasurer's 
of stock, and the necessary books, the expense of which duties. 
shall be paid out of any monies in the treasury not oth- 
erwise appropriated. 

Sec. 4. The revenue arising from the taxes on the Revenue 
lands of non-residents is hereby pledged for the payment pledg;edto pay 
of the interest accruing on the stock which may be cre- ^"*®*^®^** 
ated, in pursuance of this act, and for the re-imburse- 
ment of the principal of the same: and the faith of this Public faith 
state is hereby irrevocably pledged to establish sufficient ^°^P."°°'P^* 
revenues for making up any deficiency that may here- ^^ 
after take place in the funds hereby pledged for the pay- 
ment of said principal and interest. 

Sec. 5. The Governor is hereby authorized to stip- ^ x • 
ulate with the person or persons of whom he may obtain ditions specV- 
a loan as aforesaid, that twenty thousand dollar? of the fied. 
same shall be paid into the siate treasury, in specie, or 
paper of the bank of the United States and branches, on 
or before the tenth day of February, 1831; thirty thou- 
sand thereof, in the same kind of funds, on or before the 
first day of October, 1831; and fifty thousand dollars 
thereof, ia specie funds, state paper, and Auditor's war-. 

12 



M 



Fauts, on or before the first day of October, 1832; and 
that the interest on the said several sums shall com- 
mence at the time of their payment into the state treas'- 

U'ry respectively. 

[Approved, January 27, 1831.] 



MILITIA. 

AN ACT SUPPLEMENTARY TO AN ACT, ENTITLED AN ACT 
l" ^^cS)^^QOi FOR THE ORGANIZATION AND GOVERNMENT OF THE MILI- 
TIA OF THIg STATE. 



V-'olunteers 
may have 
arms, from 



How to peti' 

' i'OT>. 



(Jolonel to 
certify. 



Sec. 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That from 
and after the pa sage of this act, when any independent 
company of grenadiers, hght infantry, riflemen, artillery, 
or cavalry, shall become organized and uniformed ac- 
cording to the law providing for the raising of volunteer 
companies, the captain or commanding officer thereof, 
may petition the governor to furnish him, for the use of 
his company, with such a number of muskets, rifles, or 
other arms, with their accoutrements; or if an artillery 
company, a cannon or field piece, and swords, with their 
necessary appendages, as their respective companies 
may require; and set forth in said petition the regi- 
ment to which his company belongs, the number it con- 
tains, and a specific number and description of the arms 
and equipments requisite for them ; which number shall 
not be for more than ten persons over and above the 
number of rank and file his company shall at that time 
contain; and also to name a place on one of the follow- 
ing navigable streams, viz: Ohio, Wabash, Mississippi, 
or Illinois, where he will receive the same. Which pe- 
tition shall be accompanied with a certificate of the 
colonel or commanding officer of the regiment to which 
it belongs, that such company has been organized accor^ 
ding to law, and ajso a bond, payable to the governor 
and his successors in office, for the use of the people of 
^he state of Illinois, in a penal sum equal tofourteei)4c^? 



mLITIA. JC; 

lars for each musket and equipment by him so petition- ^p^*^ to be 

ed for, or a sum equivalent thereto for such other arms^^^^"' 

as they may require, according to the prices at which 

they are rated by tlie United States when furnishing 

them, and signed by himself as principal, with good and 

sufficient securities, conditioned to safely keep and have 

in readiness for use, the arms and other equipments by 

him received, in case they should be required at any 

time. Which bond must be approved as to the suffi- To be appro- 

ciency of the security, by the judge of the circuit court, ^^'i by judge. 

of the county where such company is formed; and his 

certificate thereof, together with the bond, shall be filed 

in the office of the Secretary of State. 

Sec. 2. The Governor, upon application being made ^^^^"^o'" 
to him as aforesaid, shall, if tliere be any arms or other ^^^g to^sucb 
equipments, so petitioned for, within the State, or due companies, 
to this State from the United States, immediately (if 
within the State) direct the person applying where they 
may be had, and furnish him with an order for the same ; 
or if not, to order the same, and have them directed to 
the person so petitioning, at the place specified by him; 
and the person so applying, shall upon their being land- 
ed, consider them in his care, and from that time shall 
become responsible for the same, upon the conditions of 
his bond, and shall provide a place for the safe keeping 
thereof: And said company shall be permitted to use 
the same, upon all occasions, whenever they may be 
called together for any kind of duty. 

[Approved, Jan, 22, 1831.] 



AJS ACT AMENDING THE MIIITIA XAWS OP THIS STATE. ^^ TG9.CS, 

FEB.10,lt3i. 

Sec. 1. Be it enacted hy the People of the State of 
Illinois., represenifid in the General Assembly, That so 
much of an act to amend an act, entitled, "An act for 
the organization and government of the militia of thisJlg^Sj 
State," approved January 19, 1829, as requires one com- 
pany muster to be held in the month of September in 
each year, is hereby repealed: \nd so much of the act, 
entitled "An act for the orgauization and government of 



96 



Notices of 

company 

musters. 



Fines. 



Regimental 
muster. 



Conscien- 
cious persons 
excused. 



Affidavit. 

Clerk shall 
certify and 
i[e«p record. 



MitlTIA. 

the militia of this State," approved January 9.% IS'^B, as 
requires one battahon muster in each year, and one com- 
pany muster in the month of April in each year, with 
all the things in that ?ct prescribed in relation to said 
battalion and company musters, except so much as re- 
lates to fines for failing to attend said musters, are here- 
by revived. 

Sec. 2. It shall be the duty of every captain or com- 
mandant of a company, at least one week previous to 
the time of holding the company muster, annually, to 
cause a written or printed notice, of the times and pla- 
ces of holding the several company, battalion, and regi- 
mental muster-, to be given to every inferior officer and 
private under his command. 

Sec. 3. No private shall be fined more than seventy- 
five cents for failing to attend any regimental muster, or 
more than fifty cents for failing to attend any battallion 
or company muster. No captain shall be fined for fail- 
ing to wear epaulettes, or subaltern officer for failing to 
equip himself in time of peace. 

Sec. 4. In all cases where there is only one regi- 
ment in the county, the regimental muster shall be held 
at the county seat. 

Sec. 5. No persons conscienciously opposed to doing 
military duty, by reason of their religious opinions, shall 
be compelled to do so in time of peace, provided such per- 
son shall be a member of a rehgious society, whose rules 
require them to support all poor persons connected with 
their society: and any person so being opposed to do- 
ing militia duty, but not a member of any religious so- 
ciety, may be exempted therefrom on paying seventy- 
five cents each year into the county treasury. The 
clerk of the county commissioners' court of the county 
where such application shall be made, shall require an 
affidavit of the applicant, that he is conscienciously op- 
posed to doing military duty, and oi his age, and make 
a record thereof, and issue his certificate to such appli- 
cant of his exemption from doing military duty in time 
of peace. Such applicant shall pay the clerk granting 
such certificate, twenty-five cents, and the clerk shall 
keep a record of all such certificates dnd affidavits so 
granted by him, in a book for that purpose. All laws 
and parfe of laws coming within the purview of this act, 
^e hereby repealed. 

[Appr(foed, Feh lOth, 1831.] 



9T 

MILLS AND MILL I>AMS. 

Mi ACT AUTHORISING STEPHEN T. BECMAN TO ERECT A MILL , 

IN PORCt 

AND OTHER MACHINERY, ON THE COLLEGE T; WNSHIP, IN JA^. 15, 1831. 
FAYElTE COC'NTY. 

Sec. 1. Be it enacted by the People of the State of 
Illinois^ represented in the General Assembly^ That Ste-s. T.Beeman 
pheii T. Beem^n, his heirs and assigns, be, and they are to erect a mill 
hereby, aut! orised to erect a mill or such other fnachin-^J^^'^j^^^®^" 
cry as he njay think propei, on the College township, 
lying witiiin the county of Fayette, with full privilege 
and authority to draw the water from, and erect any 
dam on, the lakes lying on sections 2, 3, and 4, on said 
College township , and to conduct the water from any of 
said Lakes, to the place where the said Beeman has 
ere( led a carding machine. 

Sec '2. The said Stephen T. Beeman, his heirs and Must erect 
assigns, shall have the full term of three years, from the within 3 
first day of March next, to erect his mill and other ma- y^^'"^- 
chinery; and to have, use and occupy the same for and jyj^ 
during the term of fifteen years, from the first day of land for 15 
March next: Provided^ however, that nothing herein years, 
contained, shall be so construed as to give the said Bee-Q .., ^ 
ma»« any right to said land and water any longer than gress shall exji' 
till Congress shall authorise the exchanging and loca- change it. 
tion of said College township. 

Sec. 3. The said Beeman shall designate the quar- shall desig- 
ter sections required for the purposes aforesaid, and file nate quarter 
the same with the county commissioners' court, of the s^c*^*^"** 
county of Fayette. 

Sec 4. If the State of Illinois, at any time hereaf. 
ter (provided the Congress of the United States shall 
not grant the State of Illinois, the privilege of re-loca- 
ting the said College township,) should sell or dispose of 
said College township, the said Stephen T. Beeman, his Right of pre* 
heirs or assigns, shall have the right of pre-emption to emption. 
such quaiter sections as the said Beeman or his heirs 
may select for the location of the above named mill and 
machinery, at the price the State may establish for said 
land, to such part of said township as the said Beeman 
may select for the erecting his mill, or other machinery 
thereon, 

[Approved, Jem. 15^^,1831.] 



gg MIZ/LS AND MILL DAMS. 

AN ACT SUPPLEMENTARY TO AN ACT ENTITLED " AN ACT 
In fouce 
Feb. 5 1831, '^^ authorise Stephen t. be\man to erect a mill 

and other m \chinery on the college township, 

in fayette county." 

Sec. 1, Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That the 
act, to which this is a supplement, shall not be so con^ 
Ri§,ht of pre-strued as to entitle Stephen T. Beaman to the right of 
emption lim- pre-emption to more than one quarter section of land, 
on the college township in Fajette county: and not to 
that qumititj of land, if it interferes in any way whatev- 
ever with the rights, or occupancy, of any individual 
who may have settled on said township before the said 
Beaman. 

Sec. 2. Said quarter secHon, the right of pre-emp- 
tion to which is granted to the said Beaman, shall be 
selected io one entire quarter section, and not in contig-^ 
^ous half quarters. 

[Approved, February ^th, 1831.] 



ited. 



Fn FORCE AN ACT TO AUTHORIZB EDWARB W. J©NES TO BTFILD A 

" ^^' ' MILL DAM ACROSS THE LITTLE WABASH RIVER. 

Sec. 1. Be it enacted by the People of the State of 
T h "Id 'ti^^^^^^ois, represented in the General Assembly, That Kd- 
dam. ward W. Jones be, and he is herebv authorized to erect 

a mill dam across the Little Wabash river, at or near 
Harris' shoals, on said river: Provided, said dam shall 
not be more than five feet in height. 
How to pro- ^^^' ^* I^^^ore the said Edward W. Jones shall com- 
ceed previous mence said dam, he shall make an application, in wri- 
to building, ting, to the county commissioners' court of said county, 
for that purpose, signifying his intention to commence 
said work; whereupon, said court shall issue a warrant 
to the sheriff of said county, commanding him to sum- 
mon twelve disinterested freeholders of the county, to 
assemble forthwith, who, after being duly s^'orn by the 
clerk of said court, shall proceed to the place designat- 



HILLS AND MILL DAMS. gg 

ed, and after a full and fair examination of the premi- 
ses, report to said cou:t, under their hands a}^d seals, 
whether in theii opinion, and with what restrictions, the 
said dam can be erected without injur} to the public, 
or to private property. The said Jones shall erect aLo^k. 
lock or slope in said dam, whenever the public shall re- 
quire the same to be done. 

Se»c'. 3. If their report be favorable to the erection County com*, 
of said dam, they shall make out their report and hand to make re- 
it over to said court, who shall make an entry thereof co'^^- 
in the minutes of said court, and file and preserve the 
original return in said court. 

Sec. 4. If the report be unfavorable, and that in If report be ^ 
their opinion the said dam, if erected, would be an inju-""^^^*^^'^'^^^ 
ry to the pullic, or to private property, then and ir. th'dt^^^l^^^ 
case the said dam shall not be erected u!?der the author- 
ity of this act. This act to be in force from its passage. 

[Approved, Jan, Is^, 1831.] 



AN ACT TO ASIEND AN ACT, ENTITLED " AN AGT TO AU- j YoUCE 
THORIZE THE BUILDING OP MILL DAMS ACROSS THE Jan. 22, l83l, 
SANGAMON RIVER," APPROVED FEB. 14, 1827. 

Be it enacted by the People of the State of Illinois^ repre- 

sentfiil in the General Assembly. That the countv com-,, „ . 

. . , i-rci J- j.u*-j<i. Mill dam a- 

missioners' court of iSangamon county are authorized to^j.^gggj^jj^ g^. 

allow the buildirg of mill dams across the Sangamon mon. 

river, not exceeding six feet in height above the common 

stage of low water mark, subject to all the provisions of 

the act to which this is an amendment: Provided^ the 

crossing place of any public road shall not be injured by 

the erection of such mill dam?. 

[Approved., Jan* 22d, 1831.] 



100 



MINORS, &c. 



Guardians 
shall educate 
wards. 



Incase of 
omis'^ion to 
educMte by 
guardian, 
Court shall 
act. 

Guardian 
mav be re- 
moved. 



Guardian 
ma / loan 
money of his 
ward. 



Bond. 



An act to amend an act concerning minors, oii- 

PH NS, AND GUARDIANS, APPROVED FEB. 4, 1827. 

Sec. 1. Be it enacted hy the People of the State of Illi- 
nois^ represented in the General Assembly, That all guar- 
dians shall hereafter educate their ward*; and it is here- 
by made the duty of all civil county officers, to give in- 
f rmation to the court of probate, of neglect or omission, 
o.f any guardian, to his or her ward: Provided, when 
there are i)ct nrsonies sufficient to teach the ward, to read 
and write, and the ground rules of arithmetic, and the 
guardian refuses and neglects to have them so educated, 
the court shall have power to put out, to anv other per- 
son, rhe ward, for the purpose of havir<gthesame so edu- 
cated. The judge of probate shall, in all cases, when 
information is made of the neglect of any guardian to 
educate his or her ward, and on the facts beis^g establish- 
ed, remove such guardian, and appoint a suitable person 
to act as guardian and superintend the education of such 
minor oi orphan. 

Sec. 2. Guardians shall have power to loan out the 
monies of their wards, at interest, in sums not exceeding 
one hundred dollars, on personal security, to be approv- 
ed of by the iudge of probate; Provided, it shall not be 
let for a longer time than twehe months, without a re- 
newal, and an approval of 'he security by the court; 
and if nei^lec 'd longer, it shall be at the resporisibility 
of the guard upr, In all cases of any person being ap- 
poiii-ed g?:i r j a ^ for more ^han one ward, at one time, 
the judge of probate shall include all in ^jne V>ond, 

{Approved, Feb. 7, 1831^ 



101 

NEGROES, &,c, 

\y ACT TO AMEND AN ACT, ENTITLED " AN ACT RE-^'^'^ontE 

Feb. 1,1C31. 
SPECTING FREE NEGROES, MULATTOES, SERVANTS AND 

SLAVES," APPROVED JAN. 17, 1829. 

Sec. 1. Be it enacted by the People of ilie State of 
Illinois, represented in the General Assembly, That no 
black or mulatto person shall hereafter be permitted to 
come and reside in this State, until such person bhall 
have given bond and security, as is required in the first Negroes to 
section of the act to which this is an amendment. Any give bond, 
person wlio shall hereafter bring into this State, any 
black or mulatto person, in order to free him or her 
from slavery, or shall directly, or indirectly, bring into 
the State, or aid or assist any person in bringing any Penalty for 
such black or mulatto person to settle or reside thcrei-n, ^""^'"^ "^" 
shall be fined one hundred dollars, on conviction, or state. 
indictment, or before any justice of the peace in the 
county v/here such oflfence shall be committed. 

[Approved, Feb, 1, 1831.] 



NORTHERN BOUNDARY. 

Ax ACT TO AMEND AN ACT, ENTITLED " AN ACT TO 

ASCERTAIN AND SURVEY THE NORTHERN BOUNDARY jjj ^q^^j, 
LINE OF THIS STATE. Feb. 5, J83i, 

Sec 1. Be it enacted by the People of the htate of 
Illinois, rcpresmted in the General Assembly, That the 
Governor shall nominate, and by and with the ad- 
vice and consent of the Senate, appoint a ' com- Governor to 
mi^sione^ to mark and survey the northern boun- appoint coic* 
dary line of this State, and if no provision shall ^ ^^^ ^^'i- 
be made by law at the present session of Con- ^^^' 
gress, to ascertain said boundary line of this State, 
then the Governor shall require the said commissioner, '^ Conpres^. 
so appointed, to proceed to ascertain and mark said line ; on^" e*sub-^ 
beginning at the eastern bank of the Mississippi river, jeot, com'r. 
or on the western #hore of Lake Michigan, and on the -^^'^ proceci 
^parallel of forty-two degrees thirty minutes, north lati-*^^'^^ 

K 



102 



NORTHERN BOUNDARY. 



designated. 



To employ 
assistants. 



tude, and thence along the said parallel to the point of 
termination on the said lake, or the Mississippi river. 

Sec. 2. Said line shall be ascertained by celestial ob- 
servations, and not by the Marii.er's compass. At the 
Line, how as- distance of every five miles, the said Commissioner shall 
Iipsi^nntp/"^ cause a stone to be set up, at least two feet above the 
. psiirn P gm-face of the earth, and sunk in the ground, at least 
eighteen inches. 

Sec. 3. Said Commissioner shall have power to em- 
ploy two chain carriers, one cook, and two other hands, 
to be employed in such manner as he shall direct, who 
shall be entitled to such compensation as shall be 
allowed by the Governor therefor. 

Sec. 4. Said commissioner shall be entitled to the 
sum of three dollars per day, for every day necessarily 
employed in ascertaining said line. 

Sec. 5. There is hereby appropriated for the pur- 
pose of paying the expense of ascertaining and marking 
said line, the sum of five hundred dollars, one half of 
which, may be drawn by said commissioner, as soon as he 
shall be requested by the Governor to perform the ser- 
vices above mentioned, and such portion of the balance 
as maybe necessary when the work shall be completed: 
and the account of said commissioner shall be submitted 
to the next legislature, for liquidation and payment of 
whatever balance, if any, may be properly due him. 

Approved, Feb, 5, 1831..] 



Pay. 



Appropria 
tion. 



OATHS, &C. 

In FORCE ^j^ ^CT IN ADDITION TO THE ACT CONCERNING OATHS 

Feb. 9, 1831 

AND AFFIRMATIONS. 



. Sec* 1. Be it enacted by the People of the State of Illinois, 

N tar'es mav ^^i"*^^^*^^^*^ *^ ^^ General Assembly, That every notary 

administer public now appointed, or hereafter to be appointed, in 

oaths. this state, is hereby empowed to administer oaths and 

affirmations. And all oaths, alfirmations, affidavits, and 

depositions, so administered or taken? shall subject any 

Perjury, person who shall so swear or affirn) falsely, knowing jthe 

bame to be false, in any matter material to any issue or 



PENITENTIARY. 



103 



point in question, to the pains and penalties infl icted by 
law, for the time being, on persons convicted of "wilful 
and corrupt perjury. This act to take eifect from and 
after its passage, 

{Approved^ Fab. m, 1831.] 



IPENITENTIARY. 

AN ACT TO AMEND AN ACT ENTITLED, "aN ACT RELATIVE ^^/^ *^5^*^^* 

' act m force 

TO CRIMINAL JURISPRUDENCE," APPROVED JANUARY 6, Feb. 15, 183 
1837, AND TO PROVIDE FOR THE REGULATION AND GO. J^e'^fomp'le- 
VERNMENT OF THE PENITENTIARY. tion of the Pe 

nitentiary. 

Sec 1. Be it enacted hy the People of the State of 
lllmois^ represented in the General Assembly^ That crimi- 
nal convicts, sentence! to hard labor or solitary impri- be°confined m 
sonment, or to hard labor and solitary imprisonment, Penitentiary, 
shall and may be imprisoned, restrained, and employed, 
in, and within the precincts of the penitentiary, situate 
at, or near the town of x\lton, in the county of Madison: 
And the court before wliom such conviction may be, are 
liereby authorised and empowered, by their order on the 
sheriff of the county where such conviction is had, to 
cause all such convicts, as soon as conveniently may be 
after sentence, to be removed from any jail of such coun- 
ty, to the said penitentiary. And the sheriff of the 
county in which such conviction may be had, is hereby 
authorised and required, by himself, or his deputies, to 
remove such convicts to the penitentiary accordingly, 
and deliver the same into the custody of the warden 
thereof; and the said sheriff, and his deputies, shall have 
all the power of sheriff and deputies, in all counties in 
this state, which he, they, or any of them, may enter 
into, or pass through, for the purpose of conveying such 
convicts to the penitentiary aforesaid: And it shall be 
the duty of the clerk of the court, before whom such 
conviction shall be had, to make out and deliver to the 
sheriff of the county, a copy of said conviction and judg- 
Tnent, and order thereon, who shall leave an attested 



104 



Warden shall 
rec-eive COQ- 
victs. 



vsrden-. 



in r duties. 



Oalh., 



EUrmJ, 



PENITENTIARY. 

c6py tliereof, with a copy of his return thereon, with the 
warden of the said penitentiar}^ And the said sh; riif 
shall make due return to the court of their said order. 

Sec 2. It shall be the duty of the warden o[ said 
penitentiary, t6 receive such persons as may be convict- 
ed, sentenced, and ordered to confinement, and them 
safely keep in said penitentiary, pursuant to their sen- 
tence, until the same be performed, or they be otherwise 
discharged by due course of law. 

Sec. 3. There shall be elected at the present session 
of the General Assembly, a \varden of said penitentiary; 
and said warden's compensation shall not commence 
until he enters upon the active discharge of the duties 
of his office ; and at the next session of the General As- 
semblv, and every second session fchei'eafter, the General 
Assembly shall elect by joint vote, a warden of the peni- 
tentiary, Avlio shall hold his office for two years, unless 
so«3ncr removed by the Governor. He shall have the 
care, custody, rule and charge of the said peniteatiary, 
and of all persons confined therein, and of all lands, 
buildings, machines, implements, toola, materials, stock 
and provisions, appurtenant or belonging to tlie same, 
or the precincts thereof; and he shall be commander of 
any military force, which may be necessary to guard 
the same ; and he shall be treasurer of said penitentiary, 
aad ns ehcIi, shall pay out, receive, and be accountable 
for, all money for maintaining the same, or derived from 
manufactures, and all other concerns of the said peni- 
tentiary; and he shall keep the books of the same, until 
the inspectors hereafter named, shall authorise the ap- 
pointment of a clerk for that purpose; he shall cause 
regular entries to be made in such book?, of all the pe- 
cuniary and other necessary concerns of the establish- 
ment: and it shall be the duty of said warden, at the 
commencement of every session of the General Assem- 
bly, to render a fair account, approved and examined 
by the inspectors, to the General Assembly, of all the 
expenses and disbursements; and of all the receipts and 
profits, on account of said penitentiary, and a statement 
of its general affairs. And the said warden shall, be- 
fore he enters upon the duties of his office, take and 
subscribe ciii oath, to support the constitution of the 
United States, and of this state, and also duly and im- 
partially to perform the duties of his office, according to 
law and to the best of his ability; he shall also give bond 
to the Governor, for the use of the people of the State 
of Illinois, in the s.um of twentv thousand doljars, with 



PENITENTIARY. |Q5 

sufficient security, to be approved by the Governor, con- 
ditior.ed that he will faithfully perform the duties incum- 
bent on him, as warden of said penitentiary ; and the 
warden shall have power to appoint all subordinate of- Pvl ay appoint 
fleers belonging:to the penitentiary, and to remove them assistantsr 
for negligence or mal-conduct. Such officers shall be 
paid quarter-yearly, such compensation for their servi- 
ces, as the warden and inspectors may think just, out of 
the penitentiary fund: Provided^ such compensation to 
each of said officers, does not exceed the sum of two 
hundred and fifty dollars per year. 

Sec. 4. At the present session of the general assem- [nspectors of 
bly, and every two years thereafter, the governor shall, penitentiary, 
by and with the advice and consent of the senate, ap- 
point four persons, residing in the vicinity of the peni- 
tentiary, who, together with the governor, shall consti- 
tute a board of inspectors of the penitentiary, who shall 
hold their offices until their successors shall be qualified 
to office, and who shall serve without fee or reward; 
the governor, and any two of the other inspectors, shall 
constitute a quorum. Said board of inspectors shall . 
have power, from time to time, to make, ordain and es- ^^^^ powers, 
tablish all such rules and regulations, not repugnant to 
the laws of this state, as they may from time to time see 
fit, for the government and direction of the said warden, 
and all other officers, agents, or servants of said peni- 
tentiary, as may be proper for the maintenance, govern- 
ment and instruction of the convicts, and for the pur- 
chase of all materials, machines, tools, implements, pro- 
visions, medicine and clothing, for the use of the convicts, 
and for the sale and disposition of any articles, tools, and 
manufactures, which may belong to the said penitentia- 
ry; and they shall have power to direct all matters and 
things relating to the same, and to the officers, agents, * 
and servants thereof, and all convicts therein, and as to 
the manner of keeping the books and accounts of the , 

said establishment; which books and accounts they shall 
from time to time examine. And the said inspectors 
shall, at the first session thereafter, lay a copy of all 
such rules and regulations, before the general assembly, 
to be annulled or confirmed, in whole or in part, as the 
general assembly shall decide: Provided^ that whenever 
any officer, agent, or servant shall be appointed by the appoin?s?b^ 
warden, in case of vacancy or misconduct in the appoint- officers,durinf 
ment of such officer, agent or servant, shall have power pleasure, 
lo appoint, or remove and appoint, as the case may re- 
quire} and such appointment, or removal and appoint- 

K2 



J^0g PENITEPfTIARr. 

men t, shall endure during the pleasure of the warden. 
Ins e tors t ^^^^ inspectors shall cause a record of their proceedings 
keep record, to be kept; and, generally, shall have power to see that 
the laws and regulations are duly observed, and of at- 
tending to the various concerns of the establishment. 
Auditor to ^EC. 5. The auditor of public accounts, on applica- 

draw war- tion of the governor, shall from time to time draw his 
i;ant.s in favor warrant on the treasury, in favor of the said warden, for 
g wart ea. ,^u sums of money, which have been, or hereafter may 
be appropriated, ibr the support of the said penitentia- 
. ry. The said inspectors may employ such military guard 
- as may be necessary for the safe keeping and employ- 

ment of the convicts. 

Sec. 6. If the said warden or any of the said officers^ 
agents, or servants, or any other person or persons, or 
Voluntarily es any sheriif or deputy sheriff, shall fraudulently contrive, 
aaxynit. procuic, aid, connive at, or otherwise voluntarily suffer 

the escape of any convict, in custody, or in the said peri* 
itentiary committed, under sentence of confinement aS 
aforesaid, every such person, on conviction thereof, shall" 
be punished by solitary confinement, for a term not ex- 
ceeding three montlis, and by confinement to hard la- 
bor for a term not exceeding ten years, at the discretion 
Negligcnfae of of the court. 

■tvcvrdcn. ^^^^ j^ If any warden or other person, as aforesaid, 

shall negligently suffer any convict committed as afore- 
t^aid, under sentence of solitary imprisonment, to be at 
large without the cell or apartment assigned to such 
convict, or to be there visited, conversed with, comfort- 
ed, or relieved, contrary to the rules and regulations of 
said penitentiary, or shall negligently sufier such convict 
or any other cor. » ict committed to the penitentiary, un- 
der sentence of confinement to hard labor, to be at large 
V without the precincts of said penitentiary, or contrary 

%., to the rules and regulations thereof, to be out of close 
^^ confinement, the warden, or any other person neglect- 
ing his duty in the premises, being thereof duly con- 
victed, shall be punished by a fine, not exceeding two 
Jftesoute. hundred dollars. 

Sec. 8. If any person shall forcibly or fraudulently 
rescue or attempt to rescue, any convict from the custo- 
dy of any officer or other person authorized or empow- 
ered, by any order of commitment as aforesaid, or from 
the penitentiary, or from any other prison or jail, where ^ 
any such convict may be lawfully committed, pursuant 
to any sentence of solitary imprisonment, any person so 
offending, being thereof duly convicted, shall be punish- 



PENITENTIARY. JQ^ 

od by solitary imprisonment for any term not exceeding 
tliree months, and by confinement to hard labor, for a/iy 
term not exceeding ten years, according to tlie nature 
and aggravation of the offence. Assisting con- 

Sec. 9. If any person shall convey to any convict ^^*^* ^^*^^^^P^- 
in custody, or committed under any sentence to solitary 
imprisonment and hard labor, into said penitentiary, or 
into any other place where such convict may be confin- 
ed, any tool, instrument, weapon, or other aid, with in- 
lent to enable such convict to escape such custody or s^w 
confinement, whether such escape be effected or not, ^5^ 
every pei'son so offending, being duly convicted thereof, 
shall and may be punished by a fine not exceeding five 
hundred dollars, and imprisonment in the common jail A^\ business to 
of the county not exceeding six months, wardoi.^^ ° 

Sec. 10. The business and dealings of the peniten- 
tiary shall be transacted by, and in the proper name of, 
the warden ; and each warden, and his successors in of- 
fice, shall in his proper name, as warden of said peni- 
tentiary, be capable of suing and being sued, in all mat- 
ters concerning or arising out of the business, rights, or 
dealings of the said penitentiary ; and it shall be the du- 
ty of the said warden to enforce the collection of the 
debts due the institution, as soon, and with as little ex- 
pense as possible. 

Sec. 11. When any male person shall be condemn- ^s**^^ ^ . 
ed to labor, or confinement in the penitentiary, for J^\g ^^.^n^*^ 
the term of two years, or more, the judge of the court aged by trus- 
presiding at such trial, shall appoint a competent person, *®^^* 
as trustee to take care of the estate of such convict, un- 
til the expiration of his imprisonment. The trustee so 
appointed, shall be authorized to collect all debts due to 
such pel son convicted, and shall be compelled to pay 
bis debts, as far as the property of the convict, in the 
bands of said trustee, will admit. The trustee so ap- 
pointed, shall give such security as the presiding judge 
may require, for the proper execution of his trust. The ^ 

judge presiding in such circuit shall, at the time such 
convict may be condemned, and from time to time there- 
after, make such order and decree, for the government 
of said trustee, in the case of such estate, and for the 
maintainance of the convict's family, if he shall have one, 
as he may think proper, equitable, and expedient.^- 
When such convict shall be lawfully ireleased from his 
confinement, the trustee so appointed to take care of his 
estate, shall be compelled to account with such convict 
for all the trust reposed in him, in the care and manage- 
ment of such convict's estate. And the judge presiding 



108 



Inspectors to 
applj all ap- 
propriations. 



Convicts may 
be punished 
for miscon- 
duct. 



vVarden and 
agents may 
suppress muti- 
ny, &c. 



Warden and 
agents to re- 
side at peni- 
tentiary. 



PENITENTIARY. 

in such circuit shall make such allowance of compeiisa-^ 
tion to such trustee, from time to time, and on the final 
settlement of such trust, as the said judge may deem 
equitable and just. 

Sec. 12. Any moneys which have heen, or hereaf- 
ter shall be appropriated, for the building, enlarging, or 
improving said penitentiary, shall he applied under the 
direction of the inspectors; and the said inspectors are 
authorized to contract for the building of a department 
for the warden. And so much of an act, entitled " An 
act coneerning the saline reserves, a penitentiary, and 
the improvement of certain navigable streams," as pro- 
vides for the appointment of commissioners of the peni- 
tentiary, be, and the same is hereby repealed ; and the 
inspectors shall have the same power under said act, as 
said commissioners had. 

Sec. 13. The said warden and other officers, agents, 
and servants, shall each of them have power to order 
any convict to solitary confinement, for misbehaviour, 
refractory conduct, idleness, negligence in performing 
their daily task, impertinent or improper language, or 
breach of any of the rules and regulations; and shall 
immediately report the same to the said warden, and the 
warden shall punish such convict therefor, by solitary- 
imprisonment, for any term not exceeding thirty days, or 
may discharge the said convict from the imprisonment, 
ordered by the said warden, officers, agents, or servants. 

Sec. 14. The said warden, officers, or agents, shall 
have power, each of them, to suppress all risings, rebel- 
lions, or other refractory conduct, of the said convicts, 
and for that purpose, they, and each of them, shall have 
power to use all necessary force and violence towards 
such convicts, to accomplish the same. 

Sec. 15. The said warden, officers, agents, and ser- 
vants, shall constantly reside at the penitentiary, day 
and night, unless liberty of absence shall be allowed to 
the warden by the governor, or to such officers, agents, 
and servants, by the warden. In case of the death, re- 
signation, or absence of the warden, such one of the 
said officers, as shall be previously designated by the 
Governor, shall perform all the duties of warden, until 
the Governor shall fill the vacancy, or until the warden 
shall return. The warden, officers, agents, and servants, 
shall not be liable to serve on juries, perform militia 
duty, or work on roads. 

Sec. 16. The Goveraor shall have power to con- 
tract with a suitable person to keep and employ in 
working ou the pcniteatiary, jsticb persons as may be 



PENITENTIARY. JQ^ 

committed to the penitentiary, until the same shall he in 
a condition t; receive them. And when the penitentict- Governor 
ry shall be in a condition to receive convicts, the Gover- ^Jlmc't^^ork 
nor shall announce the same in a proclamation; and onpeniteutia- 
s^^^thei-eafter such convicts shall be confined in the peniten- ry until com- 
" tiary. The Governor shall also make proclamation an- 1"®^^' 
nouncing the making of the contract mentioned in the 
&ectioi:. 

Sec. 17. It shall be the duty of the sheriff of the ci •«•, j 
county where the conviction was had, to emplo}- a suf-tie<, 
ficient force to guard all convicts to the penitentiary ; and 
the sheriff shall be responsible for the safe delivery of 
such convicts. A failure to deliver the same shall be a 
breach of duty in the official conduct of such sheriff, for 
which he may be indicted in *iny county, as in other cases 
of malconduct in office. The said sheriff shall be al- 
lowed thirty cents for each mile necessarily travelled in 
going to the penitentiary with each convict, to be paid 
out of the state treasury, on the warrant of the auditor, 
which shall be issued in favor of such sheriff, in full 
Compensation for all charges and expenses of himself, 
and all guards, and all other expenses whatever: Provid- 
ec?. That in extraordinary cases, the county commission- ^"** jcounf 
eis' court of the proper county shall make such addi- 
tional allowance, as it may deem right and just; which 
additional allowance shall be discharged, as is herein 
provided. 

Sec. 18. The warden of the penitentiary shall re- 
ceive out of the state treasury the sum of six hundred 
dollars per annum for his salary, payable quarterly, on ardenspay 
the w arrant of the auditor, to commence at such time, as 
he shall enter upon the duties of his office. 

Sec. 19. The sum often thousand dollars is hereby^ . 

appropriated, out of any moneys in the treasury nottioa. ' 
otherwise appropriated, w^hich, with the money ari- 
sing out of the sale of the saline lands, and heretofore 
appropriated to ihe erection of a penitentiary, shall be 
disbursed under the direction of the inspectors, on the 
building and completing of said penitentiary. The sum 
of tv/o thousand dollars, to be paid out of the treasury, 
is hereby set apart as a penitentiary fund, to be drawn 
by the warden, on the order of the governor, at such 
times as may be necessary in furnishing supplies of pro- ^"^^ 

visions, clothing, mechanic's tools, and materials for la- 
bor, and such other incidental expenses, as may from 
tim.e to time accrue^ 



110' 



When this act 
shall take ef- 
fect. 



Manslaugh- 
ter. 



Poisoning. 

Mayhem. 
Rape. 

Sodomy. 



aggravated 
assaults. 



Kidnapping. 



PENITENTIARY. 

Sec 20. So much of this act as relates to the duties 
of the sheriff, together with the fourteenth, eighteenth, 
nineteenth, twenty-first, and twenty-second sections of 
this act, shall he in force from and after its passage. 
The residue of the act ^^hall take effect and be in force 
from and after the proclamation of the governor announ- 
cing the completion of the penitentiary. In the mean 
time, the person with whom the governor shall contract, 
as is provided for, in the eighteenth section of this act, 
shall have all the power in relation to said convicts, and 
in relation to the management of the penitentiary, as is 
by this act committed to the wardens. 

Sec. 21. Every person who shall be convicted of the 
crime of manslaughter, shall be punished by confine- 
ment in the penitentiary, for a term not exceeding seven 
years. 

Sec. 22. Every person who shall be found guilty of 
administering poison, as provided in the forty-sixth sec- 
tion of the act, to which this is an amendment, and shall 
thereof be convicted, shall be punished by confinement 
in the penitentiary, for a term not less than seven years, 
and which may extend to life. 

Sec. 23. Any person convicted of mayhem, shall be 
punished by confinement in the penitentiary, for a term 
Ijot more than seven years. 

Sec. 24. Any person convicted of rape, as defined 
in the forty-eight section of the act to which this is an 
amendment, shall be punished by confinement in the 
penitentiary, for a term not less than one year, and may 
extend to life. 

Sec. 25. Any person of the age of fourteen years 
and upwards, who shall be convicted of the infamous 
erime against nature, as defined in the fiftieth section of 
the act to which this is an amendment, shall be purish- 
ed by confinement in the penitentiary for a term not less 
than three months, nor exceeding two years. 

Sec. 26. Any person convicted of an assault, with 
an intent to commit murder, rape, mayhem, robbery, or 
larceny, shall be punished by confinement in the peni- 
tentiary, for a term not less than one year, nor more 
than fourteen years. 

Sec. 27. Any person convicted of the crime of kid- 
napping, as defined in the fifty-fifth, fifty-sixth, and fifty- 
seventh sections of the act to which this is an amend- 
ment, shall be punished by confinement in the peniten- 
tiary, for a term not less than one year, not exceeding 
seven years. 



PENITENTIARY. ^ ^ ^ 

Sec. 28. Any person convicted of arson, as defined Arson, 
in the fifty-eighth section of the act to which this is an 
amendment, and every person convicted of the offence 
described in the fifty-ninth section of the act to which 
this is an amendment, shall be punished by confinement 
in the penitentiary, for a term not less than five, nor 
more than fourteen years. 

Sec. 29. Any person guilty of burglary, robbery, or burglary, rob- 
larceny, as defined in the sixtieth, sixty-first, sixty-second ^®^3^' ^^^^^"^• 
and sixty-fourth sections of the act to which this is an 
amendment, shall be punished by confinement in the 
penitentiary, for a term not less than one, nor more than 
fourteen years: Provided^ that no person shall be con- 
demned to confinement in the penitentiary, where the 
value of the property taken shall not exceed ten dollars. 

Sec. 30. Any person who shall be convicted of mark- Altering 
ing or branding, or of altering, or defacing any mark or"^^^^^' 
brand, of any horse, mare, colt, jack, jennet, mule, or any 
one, or any more head of neat cattle, or sheep, goat, hog, 
shoat, or pig, with an intent to steal, or prevent an iden- 
tification of the same, as described and provided in the 
sixty-sixth section of the act to which this is an amend- 
ment, shall be punished by confinement in the peniteniary 
for a term not less than one;,year, nor more than five years. 

Sec. 31. Any servant, officer or person, employed Embezzling 
in any public department, or office, or station, of the go- records, or 
vernment, or of the state, or any county of this state, orp^^Hc^^^^^ 
in any office or corporate body, who shall embezzle, 
steal, secrete, or fraudulently carry away any money, 
goods, chatties, effects, book or books, of record or of ac- 
count, bond or bonds, promissary note or notes, bank 
bills or notes, or any other writing, or security for pay- 
ment of money, as defined and described in the sixty- 
seventh section of the act to which this is an amend- 
ment, shall be punished by confinement in the peniten- 
tiary, for a term not less than one year, nor more than 
ten years. 

Sec. 32- Any person convicted of either of the 0^^""*^"^^^°*^* 
fences described in the sixty-eighth section of the act to '^^^^'^'^^^ *°* 
which this is an amendment, shall be punished by con- 
finement in the penitentiary, for a term not less than 
one year, nor than five years. 

Sec. 33. Any person convicted of either of the of- 
fences described in the seventieth, seventy-first, or sev- 
enty-second section of the act to which this is an amend- 
ment, shall be punished by confinement in the peni- 



112 



Forger}'. 



Counterfeit- 
ing. 



I*eijnry and 
subornation. 



JBribery. 



lOther acts re- 
•lerred to. 



Other acts re- 



Hrxed to. 



Cfertain laws 
repealed. 



PENITENTIARY. 

fcntiary, for a term not less than one year, nor more 
than five years. 

Sec. 34. Any person convicted of forgery, or either 
of the offences described in the seventy-third section of 
the act to which this is an amendment, or of counter- 
feiting, or of either of the offences described in the 
seventy-fourth, seventy-fifth, seventy-sixth, seventy-sev- 
enth, seventy-eighth, or eighty-firsi sections of the act to 
which this is an amendment, shall be punished by con- 
finement in the penitentiary, for a term not less than one 
year, nor more than fourteen years. 

Sec. 35. Any person guilty of perjury, or suborna- 
tion of perjury, as described in the eighty-second section 
of the act to which this is an amendment, shall be pun- 
ished by confinement in the penitentiary, for a term not 
less than one year, nor more than fourteen years. 

Sec. 36. Any person who may be convicted of bribe- 
ry, or any of the offences described in the eighty-fifth 
and eighty-sixth sections of the act to which this is an 
amendment, shall be punished by confinement in the 
pf^nitentiary, for a term not less than one year, nor moie 
than five years. 

Sec. 37. Any person who shall be guilty of either of 
the offences described in the eighty-eighth section of the 
act to which this is an amendment, shall be punished by 
confinement in the penitentiary, for a term not less thaa 
one year, nor more than seven years. 

Sec. 38. Any person convicted of either of the crimes 
defined in the ninety-first section of the act to which this 
is an amendment, shall be punished by confinement in 
the penitentiary for a term not less than one year, nor 
more than seven years. 

Sec. 39. Any person convicted of either of the of- 
fences defined in the 1 01st section of the act to which 
this is an amendment, shall be punished by confinement 
in the penitentiary, for a term not less than one year, 
nor more than ten years: Provided, such imprisonment 
shall have been for a criminal offence. 

Sec. 40. Any person convicted of either of the of- 
fences defined in the 134th section of the act to which 
this is an amendment, shall be punished by confinement 
in the penitentiary, for a term not less than one year, 
nor more than five years. 

Sec. 41. All acts and parts of acts providing punish- 
ments other than are herein provi(Ji?d, respecting the 
S^Yeral offences herein described^ referred to, or provi* 



PRACTICE. 



113 



ded for, be and the same are hereby repealed, as soon as 
this act is made to take eflfect by its own provisions. 

Sec. 42. In all cases of conviction of crimes, the pun- jury to fix 
ishment for which is hereby provided, the jury by whom term and na- 
the conviction shall be had, shall fix the term and nature ^^^^^ ent°"" 
of the confinement, as is provided by this act; the judge, 
in passing sentence on the prisoner, shall say in said sen- 
tence, how long the prisoner shall be confined, how long 
to solitary confinement, and how long to hard labor, and 
to either or both. 

Sec. 43. This act, nor any thing herein contained, 
shall be construed as to subject any person to the pun- p^Qvigo. 
ishmetns herein provided, who has committed any of 
the offences referred to in this act, before the same takes 
effect: And provided further, that no person of the age 
of eighteen years and under, shall be condemned to la- 
bor, or solitary confinement in the penitentiary, under 
the provisions of this act; but all trials for crime, com- 
mitted by persons of the age of eighteen years and un- 
der, shall be punished according to the provisions of the 
act to which this is an amendment. 

Sec. 44. The 97th and r21st sections of the act to Repealing 
which this is an amendment, are hereby repealed. clause. 

Approved, I5th F^b. 1831. 



PRACTICE. 

AN ACT TO AMEND AN ACT, ENTITLBB "AN ACT CON-InKoRCE 
CERNING PRACTICE IN COURTS OP LAW," APPROVED ^^^- ^' ^^^*" 
JAN. 29, 1827. 

Sec. 1. Be it enacted hy the People of the State ofniinois, 
represented in the General Assembly, That in all cases 
where a judgment, or decree, shall be rendered in any ^i^?!l*?.^Jt 
Circuit court, m any case wnatever, either m law or in fefidaats one 
chancery, against two or more persons, either one of said ™^J appeal, 
persons shall be permitted to remove said suit to the su- 
preme court, by appeal, or writ of error, and for that 
purpose shall be permitted to use the rames of all of said 
persons, if necessary; but no coats shall be taxed against 



12^ PTIBLCI RECORDS, &c. 

any person who shall not join in said appeal or writ of 
error. And all such cases shall be determined in said 
supreme court as other suits are, and in the same man- 
ner that it would have been if all the parties had joined 
in said appeal or writ of error. 

Sec. 2. Hereafter, minors may bring suits in all cases 
Minors may wha'ever, by any person that they may select as their 
sue by next next friend; and the person so selected shall file bond 
friend. -^^jth the clerk of the circuit court, or justice of the peace 

before whom the suit may b^ brought, acknowledging 
Next friend to himself bound for all the costs that may accrue and le- 
cosL^" °^ g^lly devolve upon such minor. And after bond shall 
have been so filed, said suit shall progress to final judg- 
ment and execution, as in other cases. 

[Approved, Feb. 9, 183L1 



In forge 

Juke. 1,1831. PUBLIC RECORDS, &c. 

An AC T PROVIDING A SUMMARY MODE TO RECOVER 
PUBLIC RECORDS, PAPERS, AFD OTHER PUBLIC PROP- 
ERTY, ILLEGALLY WITHHELD. 

Sec. 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That if 
any officer, civil or military, having the custody of any 
Officers to de- records, books, papers, documents, or other property, ap- 
liver over pa- pertaining or belonging to his or any other public of- 
pers and re- ^^^^ ^j. ^^ ^^j court or clerk thereof, shall resign, be re- 
movaHroni moved from office, or his office be otherwise vacated, (ex- 
office, cept in cases otherwise provided by law,) it shall be his 
duty to deliver to his successor in office, on demand, all 
such records, papers, documents, and other property. — • 
And in all cases where any such officer shall die, it shall 
Executor or be the duty of his executors or administrators to deliv- 
administrator gj. ^jj g^^^jj records, books, papers, documents^ and other 
in case of°^^^ property, to his successor, on demand, except in cases 
death. otherwise provided by law. And if any person resign- 
ing, or removed from office, or whose office is otherwise 
vacated, or the executors or administrators of any such 
Dfficer. stall neglect or refuse to deliver over the said 



PUBLIC RECORDS, &c. JJg 

records, books, papers, documents, and other property, 
to the person entitled to receive the same, at the time 
prescribed, or to be prescribed by law, he or they shall 
forfeit and pay a sum, not exceeeding one thousand dol- Fine for re- 
lars, nor less than one hundred dollars, to be recovered ^•j^^^^'^^e- 
by action of debt, or indictment, in any court of com- ^ ^^ ' 
petcnt jurisdiction, to the use of the county in which the 
conviction is had, and shall moreover be liable to pay to 
any person who maybe injured by the detention of any 
such records, books, papers, documents, or other public Officer liable 
property, all damages which may accrue to him there- -""^^ 

by, to be recovered by special action on the case in any 
court or tribunal of competent jurisdiction, and the re- 
covery of the penalty and damages shall be no bar to an 
action against such officer and his securities, and his, or 
her, or their executors or administrators, on his, her, 
or their bond. 

Sec. 2. If any person whose office has become va- 
cated or determined as aforesaid, or his executors or ad- 
ministrators, shall neglect or refuse to deliver over, ac- ©rde^^seizure 
cording to the provisions of this act, any record, book, of public 
paper, document, or other article of public property, as books and pa- 
aforesaid, when thereto lawfully required by the succes-faSed.^^"^^' 
sor to such officer or other person entitled to the custody 
thereof, it shall and may be lawful for any judge of the 
supreme, or circuit court of the proper county, upon 
the affidavit of any comptent person setting forth proper 
facts, to issue his warrant, directed to the sheriff or 
coroner of the proper county, commanding him to seize 
all the records, books, papers, documents, and other 
public property, belonging or appertaining to the said 
officer, and deliver the same to the person entitled to 
the custody thereof, to be named in such warrant. 

Sec. 3. It shall be lawful for the officer executing ^^^^'' ®^ecu 
any warrant, issued as aforesaid, to break open ^ny ra"^!"^,,^^^' 
doors, trunks, or places, in which any of the records, duties. 
books, papers, documents, or other public property, in 
such warrant commanded to be seized and secured, may 
be concealed, or in which he may suspect them to be, and 
in case of resistance to arrest any person or persons who 
may resist the execution of such warrant, and to carry 
him, her or them, before some judge or justice of the 
peace, to be dealt with as other persons obstructing the 
execution of such process: and the officer executing 
such warrant, may call to his assistance, the power of 
the county, in the same manner as in the execution of 



116 



Penrtlty for 
neglect of 
officer to exe 
cut© warrant 



Judge may 
issue citation 
in favor of 
any person 
ajgyitved. 



Commission 
er of nortb- 
ern line. 



PUBLIC RECORDS, &c. 

other process. And any officer, to whom any such war- 
rant may be directed and delivered, who shall neglect 
or refuse to execute and return the same according to 
■ law, or otherwise fail to perform any of the duties here- 
' in required of him, shall forfeit and pay a sum, not ex- 
ceeding one thousand, nor less than one hundred, dollars, 
to be recovered by indictment, to the use of the county^ 
in any court of competent jurisdiction. 

Sec. 4. It shall be lawful for any person who may 
think himself aggrieved, by the issuing of any warrant 
as aforesaid, to apply to any judge of the supreme, or 
circuit couit of the proper county, who, if he be satis- 
fied upon the affidavit of the applicant, there is good 
cause to believe, that injustice has been, or is about to 
be done, under or by virtue of such warrant, shall issue 
a citation to all persons interested therein, commanding 
them to appear before such judge, at a place and time to 
be in such citation named, which shall be executed by 
the sheriff or coroner, as process issued by the supreme 
or circuit court. And the judge shall have the power to 
enforce obedience to such citation by attachment, to be is- 
sued by him, and shall have power to proceed in a summary 
way, and determine according to right and justice; and 
may issue his warrant for the restoration of any book, 
record, paper, document, or other article of property, 
which shall appear to him, to have been improperly 
seized or delivered over; which warrant shall be execut- 
ed in the same manner, and the officer to whom it is di- • 
rected, shall have the same powers, and be liable to the 
same penalties for neglect of duty, as upon other war- 
rants issued under this act. This act to take effect on 
the first day of June next. 

Sec. 5. So much of an act to ascertain and survey 
the northern boundary line of this State, approved 
January % 1829, as authorises the Governor to appoint 
a commissioner without the consent of the Senate, is 
hereby repealed; and any person appointed under said 
act is hereby declared to be out of office. 

[Approved^ February Wth, 1831.] 



117 



RELIEF. 

An ACJT for the benefit of JOIIN POWEtiL AND In Force 
OTHERS. Dec. 25, 1830 

Be it enacted by the People of the State of lUinois, repre- 
s'ented in the General Assembly^ That John Powell, of 
Vermillion county, and his heirs, shall have the sole use,h^^e^^jf ^ 
occupancy and possession of the west half of the south- quarter sec. 
west quarter of section, number twenty-one, in township ""e^t free, fof 
number nineteen, north, of range thirteen, west of the ^^"^^^^^ *®^'"*' 
second principal meridian, in said county, for the term 
of ten years from the passage of this act, free of rent, 
(he having erected at considei-able expense, a mill there- 
on) with the privilege of making such improvements 
thereon as he may see proper. 

Sec. 2. When said tract of land shall became liable 
to sale, or to be purchased, under the authority of the Grant of pre 
State, the said Powell, his heirs or assigns, shall have the emption in 
privilege of purchasing said tract at one dollar and^^^ ^^ * 
twenty-five cents per acre, in preference to any other 
person, by applying to the register, and paying the mo- 
ney by the day or time of sale of the Vermillion Saline 
Lands; shall be first exposed to sale, in the manner 
pointed out in the act providing for the sale of said lands; 
and a patent shall be issued for the same, as set forth in 
that act. 

Sec. 3. Each and every person settled on the lands Grant of pre? 
reserved for saline purposes, on Big Vermillion river, inemption to 
Vermillion county, prior to the first day of December P*^®''^ ^^** 
1830, and made improvement thereon, shall have the improvements 
right of pre-emption to eighty acres, or one half quar-ontheVermiN 
ter section, to include the improvements as near as pos- ^**^" Saline r© 
sible, by paying one dollar and twenty-five cents per acre, 
previous to the day of sale, or time of offering said 
lands, on making proof to the satisfaction of the regis- Proof of set- 
ter and receiver of settlement ai^d improvement. improvemenn 

[Approved^ Dee. 25, 1830.] 



L^ 



118 



Adm's. ofS. 
Marshall to 
sell certain 
real estate. 



Avails how 
applied. 

Proviso, 



RELIEF. 

In FORGE AN AC^T FOR THE RELIEF OF THE ADMINISTRATORS, "WIDOW 

Jan. I. 1831. 1 

AND HEIRS, OF SAMUEL MARSHALL, DECEASED. 

Sec. 1. Be it enacted hy the People of the State of Illi- 
nois, represented in the General Assembly, That it shall be 
lawful for the administrators of Samuel Marshall, (late 
of ShawneetowR,) deceased, to sell and dispose of the 
undivided moiety of said deceased in the steam saw 
mill, and twelve acres of land, on which the same has 
been built, situate near Shawneetown, in the county of 
Gallatin, and to apply the avails, in the first instance, 
towards the payment of debts due and owing by said de- 
ceased: Provided, said sale shall be assented to, in wri- 
ting, to be filed with the judge of probate of said county, 
by the widow of said deceased, for and on behalf of her- 
self and her minor children, the heirs at law of the said 
deceased: and provided further, that the said sale shall 
be made at public auction, and upon a credit of one and 
two ytars, in pursuance of three weeks public notice in. 
the newspaper printed at Shawneetown, the purchaser 
giving bond, with security, to be approved by said ad- 
ministrators, for the purchase money. 

Sec. 2. The said administrators, or the survivor or 
survivors of them, are hereby authorised and empower- 
ed, to make a sufficient deed for the coHveyance of all 
right, title and interest of the said deceased, his widow 
and heirs, in the premises, to the purchaser, either at 
the time of the sale, or on the payment of the purchase 
money, as they may judge proper. 

Sec. 3. If on a final settlement of the estate of said 
deceased, there should be a surplus over and above 
what shall be required to pay off debts, the said admin- 
istrators shall make up and satisfy to the widow and 
heirs at law cf said deceased, so far as said surplus shall 
extend, the amount with interest, which they shall have 
realised from said land and mill; that is to say, one 
third to the widow, and the other two thirds to the said 
heirs at law then in being, to be invested in their names 
by said administrators, in land, or other safe and profita- 
ble stock, for their use and benefit. 

[Approved^ Jcnu 1, 1831.] 



Adm's. may 
make deed. 



Surplus, if 
any, how dis' 
posed of. 



119 

RELIEF. 

In Pnnpp 
AN ACT FOR THE RELIEF OF BENJAMIN HENDERSON. Jaw. 7 18?!. 

Sec. 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly^ That the 
cashier of the Brownsville branch of the State bank of ^^phier at 
Illinois, be, and he is hereby, authorised to make a deed ^^ m^te deed 
of conveyance, in fee simple, to Benjamin Henderson, of to B. Hender- 
Jackson county, releasing to said Henderson, all the s°Pi ^^"^ ^^^' 
right, claim, title, and interest, of the State, or of the ^^" ^^ ^' 
State bank of Illinois, of, in and to, a certain tract of 
land, situate in said connty, and known as the south- 
west quarter of section 26, in town eight south, range 
two, west of the third principal meridian, containing one 
hundred and sixty acres, which was sold under a mort- 
gage, given to said bank, and bought in by said bank, 
upon bis, said Henderson's, paying to the cashier the ^^ payment, 
amount of the purchase money paid therefor, and in- 
terest, and the cost and expenses of said sale. 

Sec. 2. After the execution of said deed by said Effect of 
cashier, all the right and title of the State, or State bank,^^®^' 
in and to said tract of land, is hereby declared to be 
vested in the said Benjamin Henderson. This act shall 
be in force from and after its passage. 

[Approved, Jan, 7th» 1831.} 



AN ACT FOR THE RELIEF OF THOMAS RBDMONO. FEB.%*^?83i. 

Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly, That if Thomas Red- t. Redmond 
mond shall, within two years from the passage of this to receive 

act, pay the sum of sevrntv dollars into the State Trea- j!,*?^ J^I ^ *'®^' 

'**',, ft •'/>i. c jii •!• tarn lot on 

sury, and the further sum of thirty-iive dollars withm payment 

three years from the time this act takes eflect, which he without iiu 
is hereby authorised to do, without interest, thereypon *^'^®*** . 
the auditor of public accounts shall give to said Red- 
mond a fiiual certificate, upon the production of which 



120 



RELIEf. 

to the Governor of this Staie, the Governor shall exe- 
cute to said Redmond a patent for lot numbered twenty- 
five, attached to the town of Vandalia, in conformity 
with the provisions of "an act to authorise the auditor 
of public accounts to sell lots in the town of Vandaha, 
and for other purposes," approved Feb. 13, 18'23. 

[Approved^ Feb. lOth, 183L] 



In Force 
Jan. 27, 183L 



AN ACT FOR THE RELIEF OP JAMES TURNEY* 



Credit allow- 
ed J. Turney 
for a certain 
5um. 



Attorney Ge- 
neraljto make 
certain al- 
lowances. 



Time allowed 
him, on his 
giving secu- 
rity. 



Sec 1. Be it enacted by the People of the State of lilt* 
nois, represented in the General Assembly^ That a credit 
of eighteen hundred and fifty-nine dollars, is hereby 
given upon a judgment obtained in the circuit court of 
Greene county, at the August term, 1830. in favor of 
the President and Directors of the State bank of Illi- 
nois, for the use of the people of said State, against 
James Turney, upon three receipts given by him for cer- 
tain notes placed in his hands for collection, payable to 
the said President and Directors, at the Edwardsville 
branch of the State bank; and the Attorney General of 
the State is hereby authorised to credit the said judg^ 
ment by the amount of all notes embraced in said re- 
reipts remaining unpaid, which said Turney shall deliver 
to him on or before tie first day of September next; and 
also by the amountof all judgments heretofore obtained 
by said Turney on notes embraced in said receipts which 
remain unpaid, upon the said Turney delivering to him 
a copy of such judgments on or before the said first day 
of September next. 

Sec 2. If the said James Turney shall, on or before 
the first day of January, 1832, secure the payment of the 
amount due upon the judgment aforesaid, by executing 
his notes, payable to the Governor, with such security 
as shall be approved by him and the Attorney General, 
one for one third of the amount payable one year after 
date; one for one third of the amount payable two years 
after date; and one for one third of the amount payable 
three years after date; the Attorney General shall there- 
upon enter on the record of the Circuit Court ^f Greene 



BELIEF. 



in 



cdunty, satisfaction in full of the said judgment: Provi- 
ded, said Turney shall pay the costs of the suit against 
him, before he is discharged fi'om the payment of said 
judgment. 

[Approved^ Jan, 37, 1831.3 



AN ACT FOR THE RELIEF OF THE PURCHASERS OP TOWN Tn FoRCE 

LOTS IN THE TOWN OF EQUALITY. EB. J, 1 Jj. 

Sec. I. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That in all 
cases where any person, being a purchaser, or the legal ^'°^® allowee 
holder of a certificate of purchase, of any town lot in the of lots in E- 
town of Equality, in the county of Gallatin, shall have quality, 
failed, or may hereafter fail, to make full and complete 
payment of the purchase money of any such lot, within 
six months after the last payment became or may become 
due, the said purchaser, or holder, shall be allowed until 
the twentieth day of September, 1831, to make said 
payment; and the lot so unpaid for shall not be forfeited, 
as now provided by law, but the same shall be held by 
the present owner, or occupier, until a failure to pay 
agreeably to the provisions of this act, any law to the 
contrary notwithstanding. 

Sec. 2. Nothing in this act contained shall be so con-r-^ *««,«.» 
strued as to prevent the county commissioners' court sioners may 
from collecting any debt due for the purchase of any lots collect debts 
in the town of Equality, when they shall respectively coja^^Jue/ 
become due and payable. 

[Approved, Feb, 9, 183LJ 



AN ACT FOR THE RELIEF OP JAMES RATCLIFP. l^f°^^^^o1^ 

Feb. 9, 18^ 

Sec. 1. Be it enacted by the People of the State of 
Illinois, rfpresented in the General Assembly, That the 
cashier of the branch bank of the state of Illinois at 



jO^ RELIEF. 

Credit allow- Shawneetowii, is hereby authorized to allow James Rat- 
^t^nSu^to ^^^^ *^^ hundred and sixty-four dollars: Provided^ thai 
Fatecashier. the said Hatcliff shall present his written affidavit, to- 
gether with other corroborative evidence to the said 
cashier, shewing that he has paid irto, or deposited that 
anmount of money in, said branch bank, during the life- 
time of the late cashier thereof, and that the same has 
not been applied to the purposes for which it was paid, 
or deposited, nor to the use of the said Ratcliff: provi- 
ded, such allowance shall be made as a credit on any 
debt due from the said Ratcliff to the said bank. 

Sec. 2. The cashier is authorized to extend to the 

^^Q°^^*"'^^'said Ratcliff, on a settlement, the benefits of an act to 

edto'him. amend an act, supplementary to an act establishing the 

state bank of Illinois, approved Jan. 10, 1825, approved 

Jan. 29, 1829, as though such settlement had been mtidc 

prior to t^e 1st July, 1830. 

[Approved, Feb. 9, 1831.] 



Enforce an agt FOR THE BENEFIT OP the legal REPRESENTA.- 
Feb. 15, 1831. tives of JOHN m'clure, deceased. 

AVTiereas, John M'Clure, in his life-time, by deed of 
trust, gave to a trustee, for the use and benefit of Jane 
Preamble. "Warnock and her children, a house and lot of land ii> 
the town of Vandalia, and also a piece of land adjoin- 
ing the said town, which said house is in a state of de- 
lapidation, whereby the interest of the said minors is 
gradually wasting, to prevent which: 

Se€. 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That to pre- 
J. B. Moore ^^"t a total loss to the said Jane Warnock and her chil- 
authorized to dren, and to enhance the interests of the minors, that 
sell certain James B. Moore be, and he is hereby, authorized and 
«s a e. empowered to dispose of the said bouse and lot of land 
in Vandalia, being the lot numbered four, in square 
numbered thirty, in the plat of the said town; and also 
out-lot, containing six acres, numbered eighty-four, ei- 
ther at public auction or private sale, and upon receiv- 



RELIEF. 12S 

ing the purchase money, to give a conveyance to the pur- 
chaser for the same in due form of law. 

Sec. 2. The said James B. Moore, as soon as prac- To invest ^ro- 
ticable after the sale of the property mentioned in the ceeds in real 
first section of this act, shall invest the proceeds of the estate. 
sale of the said property in the purchase of the east half 
of the north-west quarter of section number nineteen, in 
township nember one, south, in range number nine, west, 
in St. Clair county, if the same can be obtained on rea- 
sonable terms ; and if not, then in such other real estate 
as the said James B. Moore shall deem conducive to the 
interests of the said Jane Warnock and her children; 
and in case there should be any surplus, to Invest the 
same in such other real estate, in St. Clair county, (ta- 
king a deed to himself as trustee for the said Jane War- 
nock and her children,) as the said James B. Moore shall 
deem most conducive to the interests of the said minors* 
Which said purchases shall be, and are hereby made 
subject to the same trusts, uses, and purposes, that the 
said house and lot of land in Vandalia,and the said piece 
of land adjoining the said town, are now subject to. 

[Approved, Feb. 15, 1831.] 



AN ACT FOR THE RELlEP OP BTJGH M. WEEB* 1n roRGE 

Feb. 15, 1831. 

Sec. 1. Be it enacted by the People of the State of 
Illinoi^^ represented in the General Assembly^ That in con- 
sideration of the sale of the east half of the south-west 
quarter of section twelve, township ten, south, range jj^jj^-y^^gj,^ 
eight, east, being a part of the thirty thousand acres of rent, 
land selected by the commissioners appointed ur.der the 
authority of the act, entitled "an act concernir.g the sa- 
line reserve, a penitentiary, and the improvement of cer- 
tain navigraMe streams," and als© being a part of rhe im- 
proved land leased to \ndrew Frazier, by authorii) of 
an act regulating the Gallatin county saline, and Hugh 
M. Weed being the legal bolder of said Irase, he shall 
be hereafter allowed forty dollars, on the payment of the^ 
■first annual rent. 

Sec. 2. Valeatiue Tite, the purchaser of the said 



•to A RELIEF. 

v.Titlereleashalf quarter section of land, is hereby released from anv 
foAent '''^'°' <^l^im for the rent thereof. 

[Appr(yDed, Feb. I5tk, 1831.] 



RELIEF. 

In Force 

Feb. 15, 1831. An act FOR THE BENEFIT OF MARGARET JANE MC. 
CORKLE. 

Sec. 1. Be it enacted by the People of the State of 
W. B. Good- Illinois, represented in the General Assembly^ That *Wil- 
ing to sellcer-iiam B. Goodiiifif, of Adams county, is hereby authorized 
tate. ^^ ^^ ^^^^ convey the west half of the north west quar- 

ter of section seventeen, township one south, range nine 
west of the third principal meridian, the same being the 
property of Margaret Jane McCorkle, an infant; and 
To give ^^ ^^ Gooding shall vest the money, arising from such 

bond. sale in other lands, to be purchased in the name, and for 

the benefit, of said infant. The said Gooding, before 
he proceeds to sell, shall execute a bond to said Marga- 
ret, with good security, to be approved by the judge of 
probate, of St. Clair County, in the sum of five hundred 
dollars, conditioned for the faithful performance of the 
trust herein conferred upon him, which bond shall be 
filed in the office of the judge of probate, of St. Clair 
County. 

. \Appro-otd^ Feb. 15, 1831.J 



REVENUE. 

ISr FORCE An act concerning the revenue of st. clair 
Jan. 1,1831. county. 

Sec. 1. Be it enacted by the Pec^le of the State of 
lllinoisj represented in the General Assembly^ That the 



REVEVtlfi. iQr: 

.•herilf of the county of 8t. Clair is authorized to col- 
lect the taxes due and owing by the inhabitants of the 
said county for the year one thousand eight hundred and 
twenty -nine, in the same manner that the sheriff for that t^x of 1829, 
year mi^ht or could have done: but those persons M'ho to be puid to 
have paid to the county commissioners' court of the said tnepreseot 
county, the taxes due by them respectivelj , to the said 
county for the said year, are discharged from said taxes 
»o paid. This act to take effect from its passage. 

[Approved^ J aiu 1, 1831.] 



In force 
An act to a3ie\d the sevbral uevenue laws of^^^^'^-^j ^^^'• 



THIS STATE. 



Sec. 1. Be it enacted hy the People of the State of 

Illinois^ represented in the General Assenihly.^ That the 

several clerks of the county.commissioners' courts within 

this State, upon receiving the list of lands advertised for 

sale by the auditor, shall immediately thereupon exam-^*^""^^'?^^'^''* 

•J 1- 4- A • i.- ' ^A \ a ^ to examine 

ine said hst, and upon exammation, snould he find any auditor's list 

of the residents' lands therein advertised for sale, he of lands ad- 
shall make out a list of such resident lands so advertis- ^*''^^^^^*^- 
ed, and immediately transmit the same to the auditor, 
who, upon receiving the list from the clerk, any time 
previous to the sale of lands so advertised, shall strike 
such tract or tracts from his list, and in no case be au- 
thorized to sell the same. 3d. rate of 

Sec. 2. So much of the act, to which this is an ^^j"^ ^^°^^'^- 
amendment, approved February 10, 1827, as authorized 
a class of third rate land for taxation, is hereby repeal- Printers al- 
ed; and hereafter the public printer shall be allowed '^'^^^'^^fi^^^^' 
six cents for each tract advertised for sale. 

Sec. 3. In all cases in which non-residents have fail- 
ed, or shall hereafter fail, to list their lands for taxation, If jand ownew 
according to law, the auditor shall list them from the [heirlaads 
best information he can obtain, and his so listing them auditor sUaU 
shall be as good and valid, in all respects whatever, as if hst tbem. 
thev had been listed by the owrter; and in whose name 
soever any lands may be listed for taxation, or sold for 

M 



126 RIVERS. 

Lands sold by *''^^^^? ^^^ ^^^^ shall be as good and valid, in all respects 
State subject whatever, as if such land or lands had been listed for 
to taxation taxation, and sold for taxes, in the name of the paten- 
^afe" ^^'^^ °^ *^^' ^^ ^^ *^^ actual owner, any thing in any law, to the 
contrary notwithstanding. 

Sec. 4. All lands sold by the State, or by any coun- 
ty or township, whether the same be canal, seminary, 
school, saline, or other lands, are hereby declared sub- 
ject to taxation, from the date of the sale; and it shall 
be the duty of the auditor of public accounts, on or be- 
fore the first da}^ of April next, to transmit by mail, or 
otherwise, to the clerk of the county commissioners' 
court, of any county, in which any canal, seminary, sa- 
line, or other lands sold by the State, are situated, a cor- 
f^"^-\^u'^'° rect list of the lands, so sold, lying in such county, with 
county "leiks ^^^ name of the purchaser of each tract; and on or be- 
witb lists of fore the first day of April, annually, said auditor shall 
lands sold by transmit, as aforesaid, a list of all such lands, so sold, of 
which he shall not have previously furnished a list as 
aforesaid, 
dersnotto" Sec. 5- County Orders, hereafter issued, shall not be 
bear interest, deemed to bear interest, unless interest is expressly 
mentioned on the face of the order, or unless the coun- 
ty commissioners' court shall, by a general order, ordain 
that such county order shall bear interest. 

[Approsed^ Feb, 12/A, 1831.] 



rsr^ORCE MVEll^. 

JUQ. 7, 1^1. 

An act declaring the embarrass rivhr and bqn 
pass creek navigable streams. 

Edibarrass 

river declared Sec. 1. Be it enacted by the People of the Stale of 
nsyigab e. llhnois^ represented in the General Assembly^ That the 
Embarrass river be, and the same is hereby, declared a 
navigable stream and public highway, from Shaw's 
mill, on said rivery to its confluence with the Great 
Wabash river* 



j!:- ■ 



RIVERS. 127 

Sec. 2. The Bon Pas, from the main forks to its Bonpass de- 
junction with the W.1...K .:,... ;. V.^..k„ j..i„„.j „ dared navi- 

navigable stream. 



junction with the Wabash river, is hereby declared a^^^^j^ 



Approved^ January Is?, 1831, 



AN ACT DECLARING THE BIG VERMILION A NAVIGABLE j^ j,^^^^^^ 

STREAM, /ND FOR OTHER PURPOSES. March 1,13$!;. 

Sec. 1. Be it enacted by the People of the State of Illi- 
nois^ represented in the General Assembly^ That so much 
of the Big Vermilion river as has been meandered bj Part of Big 
the United States deputy surveyors, and the bed of^^^P^^^JJJ^^ 
which has not been measured and sold as other lands, is =' " 
hereby declared a navigable stream , and a public high- 
way. 

Sec 2. If any person or persons, shall obstruct or pgjjaitv fjr 
injure, or cause or procure to be injured or obstructed, obstructing 
^e navigation of said stream, by falling trees, erecting navigutipp. 
dams, or any other impediment, so as to render the same 
inconvenient or dangerous to pass, every such person, so 
offending, shall be liable to indictment, and upon convic- 
tion, shall forfeit and pay for every such offence, not 
more than five hundred dollars, noi less than ten dollars, 
for each week, he, she, or they, may keep or continue 
such obstruction, and be imprisoned, at the discretion of 
the court, not more than three years, nor less than three 
months. This act to take eflect from and after the firsj , 
^ay of March next. 

[Approved^ Feb, 5th, 1831.J 



^ 



AN ACT APPOINTING COMMISSIONERS TO VIEW CBitTA£N [y jjoKGE 

NAVIGABLE STREAMS, IN GREENE COUNTY. Feb. 14, i«3l 

Sec. 1 . Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That 



128 



ROADSr. 



Corn's, ap- 
pointed to 
view certain 
stream?. 



phen W. Spencer, Luther Calvin, and Amos Vanmeter, 
of Greene county, are hereby appointed commissioners 
to view and examine Apple Creek, from Spencer's mill 
to the mouth of said creek; and the creek or slough from 
Calvin's mill to the Illinois river; and the Maeoupin 
creek, from Vanmeter's mill to its confluence with the 
Illinois river. And William Bridges, Isaac Darniel, 
and Alexander P. Scott, of Greene county, be, and they 
are hereby appointed, commissioners, to examine Otter 
creek, from Bridges' mill to its confluence with the Illi- 
nois river. Each set of commissioners, or a majority of 
them, shall meet at some convenient time and place, be- 
fore the first day of November next, and proceed to ex- 
amine into the propriety, practicability, and probable 
expenses of rendering those streams navigable. 

Sec. 2. The said commissioners, or a majority of 
Xo report to them, after perforfining said service, shall report their 
cnnnty ceurt. ppcceedings to the county commissioners' court of 
Greene county, whereupon the said court shall make 
such allowance for said service as they may deem just 
and reasonable, to be paid out of the county treasury; 
and the clerk of the county commissioners' court, shall 
transmit a copy of the aforesaid report to the next Ge? 
ral Assembly. 

lApproved, F&b, 14/A, 183L] 



KOADS. 



Jan. 1,183). 



A.]^ ACT TO CHANGE PARTE^OP THE STATE ROAD LEAD- 
ING FROM-PARIS TOv'VANDALIA. 



Sec. 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly.^ That Jona- 
Coiimission- than Mayo, Samuel Brimberry and Smith Shaw be, and 
ers to re-lo- ^jjgy ^j.g hereby appointed, commissioners to view and 
sta^te^road" re-locate that part of the state road leading from Paris 
from Paris to to Vandalia, that lies between Paris and the sixteenth 
Va-ndalia. section, in township thirteen, north, of range twelve, 
west. 

Sec. 2. Said commissioners shall meet in Paris, on or 



ROADS. -tt^O 

before the first Monday in July next, and after being When comr*s 
sworn, impartially to locate the same, before some jus- ^^^^^ ™^'^^' 
ticc of the peace, they shall commence at the sou^h end 
of Main street, in the town of Paris, and run thence, on 
a straight line, as near as the nature of thr. ground vv)Il^°^"^^°^^*^^^ 
admit, to the north-west corner of section num])er six- 
teen, in township thirteen, north, of range twelve, west. 

Sec. 3. Said commissioners shall, within fifteen days Comm'rs to 
after the location of said road, cause a true survey or''^^^<^f^ map 
map of the same to be lodged with the clerk of the coun- ^^'^^^• 
ly commissioners' court of Edgar county, and said road 
shall in all respects be deemed a public highway, and ^^a^l to be a 
shall be opened and kept in repair, as other public roads '^"^^^^ ^^o^- 
are. And the county commissioners' court of Edgar ^^^ 
county shall allow to said commissioners, a reasonable Compensa- 
compensation for their services out of the county treas-tion. 
ury, 

[-Approved, Jan. 1, 1831.] 



A.N ACT TO LOCATE A STATE ROAD FROM MOUNT CARMEL *N FORCE 

TO MAYSVILLE. '^^°' *^' ^^^ ' 

Sec. 1. Be if enacted hy the People of the biate of 
Illinois^ represented in the General Assembly, That Scoby ■ 
Stewart and Hiram Bell of Wabash county, and James p^^i'^Jt^d^tS- 
Wickersham of Clay county, be, and they are hereby cate road from 
appointed, commissioners to view, mark and locate a road ^'xJutCar- 
from Mount Carmel in the county of Wabash, by Wil-^^i^/^^''' ^^^^^^ 
cox's bridge, to Maysville in the county of Clay. Said 
commissioners, or a majority of them, shall meet at the 
town of Mount Carmel, in the month of April next, and 
after being sworn before some justice of the peace faith- 
fully to discharge the duties required of them by this 
act, shall proceed to view, mark, and locate said road, 
taking into consideration the local situation of the coun- 
try and the public convenience, and shall fix said road 
on the most advantageous ground for a permanent road. 

Sec % Said commissioners shall, on or before the m 
first Monday in June next, make report of their proceed- ^^^ ' 
ings to the county commissioners of the respective coim- 

M2 



130 KOADS. 

ties through which said road may pass: and said road| 
thus laid out, shall be a public highway of this state, and 
the county commissioners's courts of each and every coun- 
ty through which said road may pass, shall cause the 
same to be opened and kept in repair as other public 
roads are. Said commissioners shall receive for their 
Compen?a- services a just compensation out of the funds of the coun- 
tlon. ties, respectively, in which they reside, by order of the 

county commissioners' courts. 

Sec. 3. The road as now running from Fairfield in 
Wayne county, to Maysville, in Clay county, crossing 
Road from Elm river at or near Willianj M'Cormick's, thence with 
Fairfield to the road as now laid out from Maysville, by the Blue 
Sheibyvnie ^'"^^^s Point in Fayette county, to Shelbyville in Shelby 
declared pub-conty, is hereby declared a public state road, to be open- 
^6' ed four poles wide, and kept in repair as other state 

roads. 

[Approved^ January 15, 1831.] 



ATf ACT TO LOCATE A STATE ROAD FROM FRENCH CREElf 
Is forcj: 

Jan. 15 1831. BRIDGE IN WHITE COUNTY, 110 MOUNT CARMEL IN WA- 
BASH COUNTY. 

Sec. 1. Be it enacted by the People of the State of 
(Jomm'rs ap- ^ili^^ois, represented in the General Assembly, That Rich- 
pointed to lay ard Davis, James Gray, Joseph 1^. Wilson, and Johji 
out road from QpjjygQj,^ jjjg hereby appointed commissioners to view 
brido-e to ^^^ mark out a road from French creek bridge in White 
Mt. Carmel. cOunty, to Mount Carmel in Wabash county. Said com- 
missioners, or a majority of them, shall meet at Mount 
Carmel on the first Monday of April next, or as soon 
thereafter as may be practicable, and after being sworn 
before some justice of the peace impartially and faith- 
fully to locate said road, shall proceed to lay out the same 
on the most advantageous ground for a permanent road, 
taking into consideration the situation of the country and 
the public convenience. The commissioners shall, a?.> 
soon as may be, make and cause true maps and surveys 
of said road, signed by themselves, to be lodged in the 
oouhty commissioners' courts of the counties throOght; 



which said road passes; and the said courts shall cause 
the same to be opened at least four poles wide, and the 
said road when so laid out and opened, shall be deemed 
a state road, and shall be kept in repair as other state 
roads. That part of the present state road, running 
from French creek bridge to Bonpas^is hereby vacated. 

Sec. 2. The commissioners may receive out of the comoensa- 
county treasuries of each county through which said road tion. 
is laid out such compensation as the county commission- 
ers' courts shall see fit to allow them : Provided, that said 
commissioners shall not be required to lay out said road 
until the county commissioners' courts of White,Edwards, 
and Wabash counties, shall agree to pay them for laying 
out the same. This act to be in force from its passage. 

[Approved, Jan. 15, 1831.] 



AN ACT TO LOCATE A STATE ROAD FROM HILLSBOROUGH t„ 

IN FORCB» 

TO 8HELBYVILLE. Jan- 22, 1831. 

Sec. 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly^ That Easton 
Whitton and William Shirley of Montgomery county, Comm»rs to 
and James W. Vauehan and James W. Johnson of Shel-J.^^ °"t^m??^ 

, . , j^,L 1. 1. • i J • ""om Hillsbo-" 

by county, be, and they are hereby appomted commis- rough to Shel^ 
sioners to view, survey and locate a state road, to com- byville. 
mence at Hillsborough, in Montgomery county, thence 
to Shelbyviile, in Shelby county. 

Sec. 2. The commissioners aforesaid, or a majority 
of them, shall meet at Hillsborough, on the twentieth Their dutiesf, 
day of March of the present year, and before entering 
on the duties assigned them by this act, shall take an 
oath before some justice of the peace faithfully and im- 
partially to locate said road, keeping in view the short- 
ness of the route, and the eligibility of the ground, so as 
to make the same a permanent road. 

Sec. 3. The said commlssioners,/eo soon as they shall ^^^ ^ repopC 
have completed said work, shall make out a map under 
their hands, with the courses, distances, streams, notable 
places, with such estimates and remarks as they shall 
ieem interesting, and return the same to the county com* 



iQO ROADS. 

missioners' court of each county, through which the same 
shall pass, of the portion lying and being in each coun- 
ty, which shall be recorded at lergtli ii> said courts. 

Sec. 4, The map and report being filed, in pursu- 
ance oi the third section of this act, the whole bill of ex- 
penses shall be made out and presented to the county 
eompensa- commis ioners' courts of the counties of Monigomery 
tion. and Shelby, who shall make an allowance therefor for 

the sums severally due, allowing the commissioners two 
dollars each, and each necessary ha?id employed seven- 
ty-five cents per day, the expenses of which shall he 
equally paid by said counties. 

Sec. 5. The county commissioners' courts of the 
ta open road, counties of Mvuigomery and Shelby shall cause the said 
road to be opened four poles wide, so i?oon as practica- 
ble., worked and kept in repair to tlie best advantage. 

[Approved^ Jan, 22, 1831.] 



In force an act to change a part of the state roa», leamnc 
Jan. 27, 1831. from Springfield to parts. 

Sec. 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assemhly, That Jesse 
ouTart oftYe ^' Pic^J'^'ll and John Churchill, of Sangamon county, 
above road, and Buel Stephens and David Owens, of Macon county, 
be, and they are hereby appointed, commissioners, to 
view, mark, survey and locate a road from the east fork 
of Clear creek, where the present read now crosses said 
creek, by the way of Sowell Cox's and George Chur- 
hill's, from thence to the long point, and from thence on 
the nearest and best ground to Decatur; and from thence 
across the north fork of Sangamon river, at the most suit- 
able place for a bridge or ferry; and from thence in the 
most direct course towards Paris, until said road strikes 
the present location. All that part of said road be- 
tween the termination and place of begirifiing, is hereby 
vacated. 

Sec 2. Said commissioners, or a majoiity of them, 
shall meet at the house of Sowell Cox, in Sangamon 



ROADS l^a 

county, on the second Monday in March next, or withis 

one month thereafter, and after being first duly sworn Theit dutiei^ 

before some justice of the peace, faithfully to perform 

such duties as are required by this act, shall proceed to 

the place of beginning and commence said location, 

and as soon as practicable, shall make a true survey ajid 

maps of said road, signed by them, and file the same 

in the office of the clerks of the county commissioners' 

courts of Sangamon and Macon counties. 

Sec 3. Said road, when laid out as aforesaid, shall Connty court 
be deemed a public highway, the county commissioners' ^^^^^j^^P^" 
courts of said counties, shall cause the same t) be open- 
ed four poles wide, and to be worked and kept in repair 
as other state roads. The respective county commis- 
sioners' courts of said counties, may allow said commis- (-^^j^ j^^g^^. 
sioners a reasonable compensation for their services, to tioti, 
be paid out of their respective county treasuries. This 
act to take eiFect from and after its passage. 

Approved^ Jaru 27, 1831.^^ 



An a€t to locate anb establish ©biitain state Ijj poj^cb 
roads, and concerning blake's bridge. Jan. 28, 1831; 

Sec, 1. Be it enacted hy the People of the State of 
[llinois^ represented in the General Assembly^ That Joseph 
Jones and Ephraim Phar of Wabash county, and Benja- Commission- 
min Skinner of Edwards county, are hereby appointed ^^j ^^^^ °" 
commissioners, a majority of whom may act, to view. Mount Car- 
locate, and mark a road, beginning at Mount Carmel, in JJ^^l*° ^^^^ 
Wabash county, by Wilson's bridge on Bon pas creek to 
Albion, in Edwards county, there to intersect and con- 
stitute a part of the state road running from Albion to 
Fairfield, in Wayne county. 

Sec. 2. Daniel Turney and Elijah Blaniet of 
Wayne county, and William Donohoe and William Hill, ^^°,°J^5"^'^°^^^ 
of Marion county, aie hereby appointed commissioners, ^oad from 
a majority of whom may act, to view, locate and mark a Fairfield to 
road from Fairfield^ in Wayne county, on tht nearest ^^^^»*' 



134 



Commission- 
ers' to lay out 
part of road 
from Salem to 
Vandalia. 



Where to 
meet. 



Their duties. 



Compensa- 
tion. 

Act repealed- 



Certain roads 
declared state 
loads. 



ROADS. 

and beat route, to Salem, in Marion county. And Hen- 
ry W. Higgins and Hardy Foster, of Marion county 
are hereby appointed commissioners' to view and lay out 
a road from Salem, in Marion county, on the nearest and 
best route, to intersect the State road leading from Gol- 
conda to Vandalia. 

Sec. 3. The commissioners named in the first sec- 
tion of this act (or a majority of them) shall meet at 
Mount Carmel, and those named in the second section, 
(or a majority of them) shall meet at Fairfield, on the 
first Monday in May next, or within twenty days there- 
after, and after being duly sworn before some justice of 
the peace, faithfully to perform the dut'es enjoined on 
them by this act, shall proceed to locate and mark the 
parts of said road respectively, for whicli they are ap- 
pointed commissioners, and certify the same to the coun- 
ty commissioners' court of the counties, respectively, 
through which the same may pass; and said road, when 
located, shall be, and remain a pubHe highway of this 
state, from Mount Carmel, in Wabash county, by Wil- 
son's bridge, Albion, and Fairfield, to Salem, in Marion 
county, and shall be opened and kept in repair as other 
state roads. Said commissioners' shall be paid out of 
their respectiTC county treasuries, such sums as the coun- 
ty commissioners' courts may, respectively, deem just 
and reasonable. 

Sec. 4. So much of the act, entitled "an act to lay 
out the road therein mentioned," approved February 10, 
1823, as authorises the laying out a road from Fairfield 
to intersect the road from St. Louis to Vincennes at any 
point deemed best on the way to Vandalia, be, and the 
same is hereby, repealed, and said road vacated. 

Sec 5. The road as now laid out from Ford's ferry 
on the Ohio river, to Equality in Gallatin county, thence 
to McLeansboro, as hereinafter to be located, and thence 
to Mount Vernon; and the road now laid out from 
Equality, by way of Guard's works, Burnets', Choiser's, 
Lockhart's, Burton's, and Irwin's, to Mount Vernon; and 
the road as now laid out from Golconda to Frankfort, 
thence to Mount Vernon, thence by Wilcott Lewis's to 
Salem; and the road now established by way of 
Stwearths' and Brocketts to Shelbyville ; are hereby de- 
clared to be state roads. 

SeCc 6. Leonard White, of Gallatin county, and 
Henry Wheeler of Hamilton county, are hereby ap- 
pointed commissioners' to view, re-survey and re-locate 
£0 much of the road, first mentioned in the fifth section 



ROADS. I o t 

of this act, as lies between Equality and McLeansbo- 
rough, so that the same shall cross at Blake''s bridge, and Commission- 
make such alterations in the present road as they shall ers' to lay out 
deem right for the public good. And the said Blak^;'s Equality apd 
bridge, over Saline creek on said road, is hereby declar- McLeans bo- 
ed to be a toll bridge, and the said Blake, or his as- rf>"g^» 
signees, shall have the right to demand and receive such 
jates of toll as are now allowed for ferriages across said Blake's 
creek, and the same shall continue to be a toll bridge, *"'^^?^'"^^'^® 
until the counties of Hamilton and Gallatin, or either of ^ ^ " ^* 
them, shall remunerate him for the building of said 
bridge, which being done, the same shall become a coun- 
ty bridge free of toll. 

Sec. 7. The said Leonard White and Henry 
Wheeler shall be paid out of the county treasuries of 
Hamilton and Gallatin counties, besides necessary 
expenses, the sum of two dollars per day for the <^ompensa- 
time necessarily employed by them under this act ; ^^g" jo^g °^" 
and such chain carriers and other hands as may 
be necessary, shall be paid in like manner, seventy- 
five cents each per day. The said commissioners' shall 
report their proceedings under this act, with a map of Coj^njiggj^jj. 
the road, so far as the same shall run in Gallatin county, ers to report 
to the county commissioners' court of that county, and ^" respective 
the residue of said road to the same court in Hamilton ^°"°^'^^' 
county, and said counties shall cause said road to be 
opened and kept in repair, as other state or county 
roads are. 

Sec. 8. Nothing in this act shall be so construed as 
to give to any of said commissioners' a claim upon the^^^^.^^.^^P*^*^ 
state treasury for pay for their services. y s a e. 

Approved January^ 2Sth, 1831. 



AN ACT FOR THE BENEFIT OF ABNER EADS, AND OTHERS,- „ ^^ 

' 'IN FORCS 

ROAD COMMISSIONERS, AND AUTHORISING AN ALTERA- Jan. 22, 183L 
TION IN A STATE ROAD IN VERMILION COUNTY. 

Sec. 1. Be it enacted by the People of the State of 

Hhnois^ represented in the General Assembly, That the 

^ fallowing sums shall be paid to the persons hereinafter 



tan ROADS. 

named commissioners, &c. appointed in 1826, to view, 
Appropria- survey and locate a State road from the county seat of 
fajnpersons. Peoria county, on the IlUnois river, to the county seat 
of Vermilion county, and thence to the state line be- 
tween Indiana and Illinois, viz: to Abner Eads, forty- 
eight dollars and twelve cents, in full for services as 
commissioner, and for ^agon, horses, and provisions 
found: to Samuel Fulton, in full for services as commis- 
sioner, twenty-live dollars and fifty cents: to George M. 
Beekwdth, in full for services as survej or, making out 
maps, &c. .sixty dollars and fifty cents: to Orlin Gilbert, 
chain carrier, ten dollars and fifty cents: to James 
Barnes, chain carrier, eleven dollars and ninety cents: 
and William Rowan blazer, nine dollars and ten cents. 
Auditor to. is- Sec. 2. The auditor of public accounts is hereby 
sue warrants. (Jipg^^g^j ^q issue warrants upon the treasury, for the 
several sums above stated, in favor of said individuals, 
j and which amount or sums of money, shall be paid out 

of any money in the Treasury, not otherwise appropri- 
ated. 

Sec. 3. The county commissioners' court of Ver- 
milion county, are hereby authorised and required to 
Corn's, to be appoint three good and competent persons of said coun- 
r?-su"vey a ° ty, to review, alter, survey and locate the State road 
part of above above named, the eastern part only, commencing at the 
road. fortieth mile post, from thence by Danville to any, or 

such point, on the State line between Illinois and Indi- 
ana, as may be considered most advisable: Said com- 
missioners shall make oath before some justice of peace, 
to be by them subscribed, that they will faithfully and 
impartially review, survey and locate the same to the 
best advantage for the public good ; and when the work 
shall be done, they shall make out a map, with the cour- 
ses and distances, accompanied with such estimates and 
remarks as they shall see proper to make, and which 
shall be recorded at length in said court. 

Sec. 4. Said road shall be four poles wide, and shall 
Road to be a ^^ opened, woiked, and kept in repair as other county 
public road, roads are. And so soon as the amendment shall be made, 
the county commissioners shall declare the old road va- 
cated, or such part or parts thereof as they shall deem 
right; and if any part be retained, the same shall be 
considered a county road. 
Compensa- Sec. 5. The county commissioners' court of said 
tion. couixtyj shall make a reasonable allowance to said com- 



ROADS. 



13' 



misioners, and hands employed to assist, lor locating said 
road, and order the same to be paid owt of the county 
treasury. 

[Approved^ Jaiu 22, 1831.1 



AN ACT ESTABLISHING A PERMANENT ROAD FROM THE WEST 

I.\ FORCE 
BANK OF THE WABASH, OPPOSITE VINCENNES, TO CHI- JuJi. 15, 1831., 

CA«0» 

Sec. 1. Be it enacted hy the People of the State of Illi- 
nois^ represented in the General Assembly^ That John 
Houston, of Crawford county, Stephen D. Handy, of ^o-^^'^- to lo 
Clark county, and James Clyman, of Vermilion county, r^^^ Vmcen- 
be, and they are hereby appointed, commissioners, tonestoChi- 
view, survey and locate a State road, to commence at cago. 
the ferry on the west bank of the Wabash river, oppo- 
site Vincennes; thence to Palestine, thence to York, 
thence to Darwin, thence to Paris, thence to Danville, 
and thence to Chicago. 

Sec. 2. Said commissioners, or a majority of them, 
shall, before entering on the duties assigned them, make To take oath, 
oath before some justice of the peace of the State, io be 
by them subscribed, to the amount and purport following, 
viz: that they will faithfully view, survey and locate said 
road, from point to point given, varying as little as they 
conveniently can from a direct line, and that they will 
do as little damage to improved lands and private pro- 
perty as the nature of the case will permit, exercising 
their bestjudgment at all times, keeping strictly in view 
the public good, making the same a permanent road. 

Sec. 3. At the termination of each mile, on the east- 
ern side or margin of the road, on the true line, a suita- '^**"'^ ^"*^^' 
ble stone shall be firmly placed in the ground, leaving at 
least twenty inches above the surface, with the number 
of miles in figures marked thereon, numbering from the 
place of beginning. Said commissioners' shall make out 
a map under their hands, with the courses, distance?^ 
streams, and notable places, with such estimates and re- 
marks as they shall deem interesting, and return the 

N 



138 



il04DS. 



same to the county commissiohers court of each county 
through v/hich the same shall pass, o/ the portion lying 
and being in each county, which shall be recorded at 

Map and re- length in said courts, and filed and preserved. And 

V°^^' said commissioners shall make a full and complete map 

and report of said road, as above described, estimates 
&;c., and return the same to the office of the Secretary 
of State, there to be filed and preserved. 

Sec. 4. The map and report being filed in the Se- 
cretary's office, the whole bill of expenses shall be clear- 
ly made out and presented to the auditor of public ac- 
counts, who shall issue his warrants on the treasury for 
, the sums severally due, allowing the commissioners two 

<ion!^^"^^ dollars each, and each necessary hand employed, seven- 
ty-five cents, per day, together with the expenses of pro- 
curing, marking, and placing the stones; which amount, 
or sums of money, shcill be paid out of any money in the 
treasury not otherwise appropriated. 

Width of road ^^c- 5. Said road shall be four poles wide, and the 
county commissioners' courts in the several counties 
thiough which the same shall pass, shall immediately 
cause the same to be opened, worked, and kept in repair 
to the best advantage. 

Sec. 6. The commissioners hereby appointed shall 

\Vhcntocom-(.QjjQjj^gnce the work early in the fall of 1831, make no 

menco. unnecessary delay, finish the work and make report. 

Sec 7. If said road shall cross big creek at any oth- 
er place than at the mill formerly owned by Bell, in 
Clark county, then the appropriation made to build a 

Biff^creek^^^ bridge there, provided for in the act making provision for 
the sale of the Vermillion Saline reserve, and appropria- 
ting the avails thereof, shall be applied and expended 
where said road shall cross said creek, or upon such other 
part or parts thereof, as the commissioners' court shall 
direct, said act to the contrary notwithstanding. 

Sec. 8. All roads and parts of roads now establish- 
ed between any and all the points named, where the road 

be v^acated! ° hereby authorized shall not run thereon, or vary from 
them, shall be annulled and vacated, and the work shall 
be applied on the new state road, unless in the opinion of 
the said county commissioners the same is, or will be, of 
great public utility, in which case the same shall not be 
vacated, but kept up as a county road, and a special en- 
try of record shall be made by the commissioners' court, 
respecting the same. 

Approved^ Junary 15, 18^1. 



13f) 



ROADS. 



All ACT TO APPOIIVJT COMMISSIONERS TO LAY OUT A^D jj^ y^jj^^^g 
LOCATE A STATE ROAD FROM LAWREXCEVILLE, THROUGH *^an. 7, 1831 . 
STRINGTOWN, TO SHELBY VILLE. 

Sec. 1. Be it enacted by the People of the State of 11" 
linois, represented in the General Assembly, that Samuel Conimission- 
Adams of Lawrence county, John Fleming of Shelby ers to locate 
county, RVxd William Garrard of Crawford county, be, road from 
and they are hereby appointed commissioners to view .^,^It°oifIik„ 
mark and locate a road trom Lawrenceville m I^awrence ville. 
county, through Stringtown, to Shelby ville in Shelby 
county. 

Sec. 2. The said commissioner?, or a majority of 
them, shall meet at the town of Lawrenceville on the vvhen to meet 
first Monday in May next, or ag soon thereafter as pntc- 
ticable, and proceed to view, mark, and lay out said 
road on the nearest and most eligible route, taking into^ced. ^^"^^ 
view the present and future population. 

Sec. 3. The said commissioners shall during the 
month of May next, or as soon thereafter as possible, -^o make re- 
cause atiue report of said road, signed by them, to be port, 
lodged with each of the county commissioners' courts in 
the counties, respectively, tJirough which it may pass; 
Avhich road, when laid out as aforesaid, shall be deemed 
and considered a public state road; and the county com- 
missioners of the counties through which said road may 
be located, shall appoint supervisors, and cause the same 
to be opened, worked, and kept in repair as other pub- 
lic roads are. And said commissioners shall receive Compcnsa*' 
such compensation for their services, not exceeding one *^°"' 
dollar and fifty cents per day, out of the respective coun- 
ty treasuries in which they may reside, as may be con- 
sidered reasonable and just. 

Approved, January 7, 1831. 



uo 



ROADS. 

Jan T 1831 ^^ ^^^ concerning PUBLIC ROADS IN MORGAN COUNTYj 

AND rOR OTHER PURPOSES. 

Sec. 1. Be it enacted hy the People of the State of Illi- 

nois, represented in the General Assembly, That the coun- 

County corn's ty commissioners' court of Morgan countj', is hereby 

of Morgan, to authorised and required, at the next March term of said 

surveyed and ^^^^^t, or at some regular tei-m thereafter, to cause an 

recr>rds made, entry or entries to be made on the records of said court, 

declaring what roads passing through or within said 

county are public roads, naming the most noted places 

from and to which such roads lead; and the said court 

may, if deemed expedient, cause the State roads passing 

through the county to be surveyed, and the courses and 

distances thereof entered upon the records of the court, 

and such changes and alterations made in such roads, as 

may be necessary to straighten them, and make them 

run on sectional or other lines of the surveys of public 

lands: Provided, that no change or alteration shall be 

made in any of said roads, to the injury of any person 

owning land through which the same may pass, without 

the consent of such owner. 

Sec, 2. The said courf may make an order, or or^ 

per«)nsTo sur- ^^rs, appointing one or more competent persons, to ex- 

Tey roads. amine and survey the State roads, passing through the 

county, and to make such alterations therein as may be 

deemed of public utility, and make report thereof to the 

court: and if the court shall be of opinion that the road 

should be made to run as surveyed, an order shall be 

made, declaring the same a state road, and the present 

road discontinued: Provided, that all expenses attending 

the changing and surveying of the roads, as aforesaid, 

shall be paid out of the county treasury of Morgan 

county. 

C^m'= a Sec 3. James Green, Joseph Cloud, and John Hen- 

p^nted^tS'lay derson, are hereby appointed commissioners, to survey 

out road from and lay out a road from Henderson's Grove, in the coun- 

Henderson's ^^, of Montgomery, passing Milton ShurtliflT's in Morgan 

vlik!^ M>ii- ^,'^ypjy^ lo Jacksonville; and said commissioners, or a 

majority of them, shall meet at the house of Milton 

Shurtliff, on the first Monday of April next, or within 

one month thereafter, 'and after being sworn before a 

Justice of the Peace, impartially to perform the duties 



ROADS. 241 

required of them, shall proceed to survey and locate the 

road upon the nearest practicable route, designating the 

course through the prairies, by fixing stakes in the 

ground, and through the timber by marking the trees, 

and after surveying and locating the same, they shall 

make out a report in writing, shewing the courses and 

distances of the road, and naming the most noted points 

on the route; which report shall be filed with the cierks 

of the county commissioners' courts of the counties of 

Morgan and Montgomery, and entered upon the records 

of said courts ; and the road so surveyed and located, 

shall be a state road, and opened and kept in repair as 

other state roads. The commissioners in survtying the Their dutie?, 

road, shall locate the same as near as may be, on the 

sectional or other lines of the surveyors of public lands, 

and shall avoid, if possible, passing through any farm, 

except with the consent of the owner: and they shall not 

change the present road, except to straighten the same, 

and make it run on the sectional or other lines of the 

surveyors of public lands. And the commissioners shall 

be allowed a reasonable compensation for their services, 

out of the county treasuries of the counties through 

which the same may pass. 

[.Approved, Jan, 1th. 1831.] 



AN ACT RELATIVE TO THE STATE ROAD PROM THE TOWN In FORCE 
OF AMERICA, IN ALEXANDER COUNTY, TO VANDALIA. JajV. 7, 1831. 

Sec. 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the 
county commissioners' court of Union county are here- 
by authorized and required at their March term next, 
or as soon thereafter as may be, to appoint three dis- c^ CQnj^,j.g 
creet persons of said county, whose duty it shall be to of nion to 
examine so much of the state road, leading from the '^^^.^ ''^ ^ ^x- 
town of America, in Alexander county, to Vandalia, as o^e^ed. 
lies within the said county of Union, and make such al- 
terations thereon as they may deem most expedient, and 
make a report to the said court of their proceedings: and 
the said court shall proceed to have the same opened 

m 



142 



ROAl^Si 



and kept in repair agreeably to the report so iiiade, and 
go much of the said road as is on different ground from 
the road so reported shall thereafter be declared vacated, 
and the road so reported shall be the public state road. 
Sec* 2. The county commissioners' court shall pass 
F n fl -^^^ order, allowing to each of the persons appointed un- 
&ating. <^er the authority of the first section of this act the sum 

of one dollar per day, for each day necessarily employ- 
ed by th<^m in locating said road. 

[Approved, Jan 7, 1831.] 



frvFoKCl: ^^ ^CT TO COMPENSATE CERTAIN ROAD COMMISSIONERS* 

Jan. 1, 1831. 

Sec. 1. Be it enacted hy the. People of the State of 
Illinois^ represented in the General Assembly^ That Joseph 
Piggot of Greene county, be allowed and paid out of the 
Allowance to g^^^^^ treasury thirty-six dollars, as a compensation for 
sons^^ ^ twenty-four days service in viewing and marking a state 
road, leading from Vandalia to the town of Eminence, 
on the Mississippi river; and that John D. Gillham of 
Greene county, be allowed and paid, in like manner, 
twenty-one dollars for fourteen days service on the same 
road ; and that Joseph Williams of Montgomery county, 
be allowed and paid, in like manner, thtee dollars for 
two days service on the same road. 
\uditor to is- ^^^' ^' ^^^ auditor of public accounts is hereby re- 
-ue, quired to issue his v/arrant on the treasury, in favor of 

the above named commissioners, for the several sums al- 
lowed them by this act. 

[Approrved^ Jan, 1, 1831.^ 



iJ? I ORCE A.N ACT TO IjOCAT£ A STATE R0A1» FROM SHELBYVItLE 

.Ian. 28, 1831. 

' TO PARIS. 

Sec. 1. Be it enacted hy the People of the State of 
Illinois^ r^eseytted in the Getieral Assembly^ That John 



ROADS* 14^ 

Fleming of Shelby county, Thomas Sconce of Coles coun- Comm'rs to 
ty, and Thomas Rhodes of Edgar county, be, and they J^^^^*g^°fjf . 
are hereby appointed, commissioners to view, survey, viUe to Paris, 
mark and locate a road from Shelbyville in Shelby coun- 
ty, to the seat of justice of Coles county, and from thence 
to Paris in Edgar county, to be located on the nearest 
and best route, doing as littie damage to private proper- 
ty as the public good will permit. 

Sec. 2. The said commissioners, or a majority of 
them, shall meet at Shelbyville, on or before the fif. When to meet 
teenth day of October next, and after being duly sworn 
by some justice of the peace of said county of Shelby, 
faithfully to view and locate said road, without partiality, 
favor or affection, shall immediately thereafter proceed 
to discharge the duties required of them by this act, pla- 
cing in the prairie, through which the same shall pass, 
stakes of a reasonable size of durable timber. 

Sec. 3. As soon as practicable after said road is lo- Their dutie?-. 
cated, said commissioners, or a majority of them, shall 
make out a report, accompanied by a map or plat of said 
road, denoting the courses and distances from point to 
point, with such other remarks as they, or a majority of 
them, may deem necessary and proper, and transmit the 
same to the secretary of state. And they, or a majority 
of them, shall make a map or plat of so much of said road 
as lies within the respective counties, and transmit it to 
the clerk of the county commissioners' court of the res- 
pective counties through which the same may pass, which 
shall be filed and preserved in the office of said court. 

Sec. 4. When said road shall be so located, it shall to be a state 
be to all intents and purposes a state road, four poles road, 
wide, and shall be opened and kept in repair as other 
roads are in this state. 

Sec. 5. The county commissioners' court of each 
county through which the said road may pass, are here- 
by authorized and required to allow to said commission- Compensa^ 
ers one dollar and fifty cents per day, for the time neces-tion. 
sarily employed in locating the said road in each of their 
respective counties: Provided^ that nothing herein con- 
tained shall be so construed as to create any liability on 
the part of this state to pay said commissioners for their 
services, rendered under the authority of this act. 

This act to be in force from and after its passage. 

[%ww€(4 Jan, 28, 1831.J 



144 



ROADS. 



In Force 
Feb. 5, 1831. 



AN ACT TO ESTABLISH A STATE ROAD FROM SPRINGFIELIt 
TO ROCK ISLAND. 



nois 



Sec. 1. Be it enacted hy the People of the State of llli' 
represented in the General Assembly^ That the road 



A route estab- leading from Springfield in Sangamon county, to San 

lishnd to 

Lewiston. 



Corn's, to lo- 
cate road 
from Lewis- 
ton to Rock 
Island. 



Their duties. 



Compensa- 
tion. 



gamon town, by the way of Spring creek bridge and 
Neale's, as the same is now travelied: thence to New- 
Salem; thence to iVIiller's ferry, on the Sangamon river; 
thence to Havanna in Tazewell county; thence to l^ew- 
iston in Fulton county; be, and the same is hereby de- 
clared, a State road. 

Sec. 2. Stephen Dewey and Jonas Raw alt, of Ful- 
ton county, and Riggs Pennington, John G. Sanburn, 
and Parnach Owen, of Knox county, are hereby ap- 
pointed commissioners to view and locate a road from 
Lewiston in Fulton county, by Canton in said county, 
and the seat of justice of Knox county, to Rock Island. 
The said commissioners, or a majority of them, shall j 
meet at I.ewiston, on the third Monday in April next, ] 
or within one month thereafter, who, after being duly j 
sworn before some justice of the peace, faithfully to dis- i 
charge their duties agreeably to the provisions of this i 
act, shall proceed to view and locate said road on the 
most advantageous ground for a permanent road, regard 
being had to the local situation of the country and the 
public convenience, and shall designate the route of the 
same, by placing substantial stakes in the ground in the 
prairie, and by cutting marks on the trees through the 
timber. And the said commissioners shall, on or before 
the first day of September next, make returns of the lo- 
cation of said road, designating the important points 
through which the same is located, to the clerks of the 
county commissioners' courts of the counties of Fulton 
and Knox, which returns shall be entered on the records 
of said courts. And the said road, when laid out and 
the returns made as aforesaid, shall be deemed and con- 
sidered a State road, and shall be opened and kept in 
repair as other State roads are. 

Sec. 3. Said commissioners shall receive such com- 
pensation as the county commissioners' courts of Fulton 
and Knox counties shall deem reasonable, to be paid 
oat of the county treasuries of said counties: Provided. 



ROADS. 

tliat this act shall not be obligatory on the commissioners 
hereby appoi) ted, Ufiless the county commissioners' 
courts of the counties of Fulton and Knox, shall, bv or- 
ders of said courts, agree to pay the expense of locating 
said road. 

lApprovedy Feb, 5, 1831.} 



145 



AN ACT TO ALTfiR PART OF THE STATE ROAD FROM VAN- 

DALIA TO KASKASKIA, AND DECLARING A CERTAIN ROADp^^^?*^. ^ 
THEREIN NAMED A STATE ROAD. 

Sec 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly, That Samuel (;.Q^j,g 
Douglass and John Thompson, of Randolph county, be, pointed tolo- 
and they are hereby appointed, commissioners, to view cat© P^^t of 
and re-locate that part of the State road leading from VandSirto 
Vtjndalia to Kaskaskia, which lies within the limits of the Kaskaskia. 
€ounty of Randolph, so as to make the same intersect 
the present county road of said county, at or near some 
point on the nine mile creek, beginning at such point on 
such point on the State road, in the direction from Kas- 
kaskia to Covington, in Washington county, as the said 
commissioners may deem expedient. 

Sec. 2. The said commissioners shall meet at the^j^gj^^^^ 
house of John Thompson in Randolph county, on or be- meet, 
foie the first Monday in April next, and after being 
sworn before some justice of the peace shall proceed to 
view, mark and locate said road on the nearest and best 
route, taking into consideration the public good, and the 
damages sustained by private individuals. 

Sec. 3, The said commissioners shall, within fifteen ^heir duties 
days after the location of said road, cause a true survey 
or map of the same to be lodged with the clerk of the 
county commissioners' court of Randolph county, and 
said road shall in all respects be taken to be, and is 
hereby declared to be, a part of the State road fromVan- 
dalia to Kaskaskia. That part of the State road inclu- 
ded between the points where the road intended by this 
act shall commence and terminate, is hereby declared 
to be vacated. 



146 



ROADS. 



Compensa 
tion. 



Sec. 4. The said commissioners shall receive as a 
compensation for their services the sum of two dollars per 
day each, to be paid out of the state treasury; and the 
auditor of public accounts is hereby authorized and requi- 
red to issue his warrant upon the treasury for the same ; 
upon the production by said commissioners of the receipt 
of the clerk of the county commissioners' court of Ran- 
dolph county, that the survey and map of said road are 
tiled in his office: provided, that compensation shall not 
be allowed for more than six days service for each com- 
missioner. 

Sec. 5. The road from Brownsville, by Herralds, 
Elvira, Witt's mill, in Pope county, to where it intersects 
the road from Golconda to Vandaha, is hereby declared 
iS estabrished ^^ ^^ ^ state road, and shall be worked on and kept in re- 
pair as other state roads are. This act to take effect and 
be in force, from and after its passage. 

[Approved, Feb. 5, 1831.1 



Part of road 
from Golcon 
da to Vanda 



Enforce An ACT DIRECTING THE LOCATION OF A STATE ROA^}, 

Feb. 9, 1831. „ 

FROM CAR MI, IN WHITE COUNTY, TO THE WABASH 

RIVER IN CRAWFORD COUNTY. 



Albion. 



Sec. 1. Be it enacted hy the People of the State of 
Commission- Illinois, represented in the General Assembly, That William 
ers appointed McHenry and Philip Underwood of White county, and 
fromCarmHoI^^"^^* Boltinghouse of Edwards county, be, and 
they are hereby appointed, commissioners, any two of 
whom may act, to lay out, survey, and mark a road, 
commencing at Carmi, in White county, crossing crooked 
creek at or near Mitchell Stoke's, in White county, and 
thence to AFbion in Edwards county ; and make a plat 
thereof, and file the same with the clerks of the county 
commissioners' court of the rountieg of Edwards and 
White, of that part lying within such county. And the 
county commissioners' courts of Edwards and VVhite 
shall make a just and equitable allowance to each o^ 



Compensa 
tior. 



KOADS. j^^ 

said commissioners, for all time and necess^iry expense 
inlaying out, surveying, and making and filing a plat of 
said road, which shall be paid out of the treasuries of 
their respective counties. 

Sec. 2. The county road now established from A - 
bion to Henry J. Mills' in Edwards county, shall be J^^Pj"^,^*^^;*- 
deemed a state road: and Asahel Heath of liawrence tibiished! ^^ 
county, is hereby appointed a commissioner to view, 
continue, and mark said iO£id from said Mills' toHig- 
gins' mill on the Bon Pas creek; thence to James Law's 
in Lawrence county; thence to Aaron Vannetter's; and Commission- 
thence to Heath's mills on the Embarrass river, in Law-ers appointed 
rence county; and shall make a report thereof, to the *!* '°^"^'^'""^*^ 
clerks of the county commissioners' courts of Edwards Heath's mills, 
and Lawrence counties, of that part thereof that may 
lie within such county. And the county commissioners' 
courts of the counties of Edwards and Lawrence shall 
make said commissioner a just and equitable allowance Compensa- 
for all time and necessary expense in viewing and re-tion. 
porting the same, to be paid out of the respective coun- 
ty treasuries for that part that may pass tlirough such 
county. 

Sec. 3. Samuel Baker is hereby appointed a com- Commision- 
missioner to view, mark, and continue said road, from ^'^^ appointed 
Heath's mills to the AVabash river, in Crawford county, from^H^ath's 
opposite to McCarty's ferry, and make report thereof, to mills to Wa- 
the clerk of the county commissioners' court of Craw- ^^^^ "^®''* 
ford county. And the county commissioners 'court of 
Crawford county shall make a just and equitable allow- 
ance for all time and necessary expense in viewing and 
marking the same, which shall be paid out of the coun- J?''™P®^^*' 
ty treasujy of said county. 

Sec. 4. The first section of said road shall be laid 
out, as aforesaid, on or before the first day of July r^. 
next; the second section on or before the first day of Au- road^t^o be* 
gust next; and the third section on or before the first day laid out. 
ofSeptember next; and shall be deemed a state road, four 
poles in width, and shall be opened and kept in repair by Shall be a 
order of the county commissioners' courts of the several P"^"*^ ^°*°- 
counties through which the same may pass, as county 
roads are. 

SiEc. 5. Archibald Spring, and Hugh Reynolds are 
hereby appointed commissioners' to review and relocate a ™"'""°J'\ 
part of the state road that lies between Albion in Ed- to re-locate 
wards county, and Bon pas^ in White county^ commenc- rofcl from Al. 
ing at Albion, and running on the bpst and most eligible*''**" *** ^°"" 
route to intersect the present state road, at or near tbe 



148 



Compensa- 
tion. 



Roads not to 
be located un 
less county 
courts agree 
to pay for 
tbem. 



ROADS. 

south-west corner of the north-west quarter of section 
numbered nineteen, town two south, range fourteen 
west. The said commissioners, as soon as they re-locate 
said road, shall certify to the county commissioners' 
court of Edwards county, a report of such location; and 
said road, when laid out as aforesaid, shall be a pnblic 
highway of this state, and shall be opened and kept in 
repair, by the order of the county commissioners' court 
of fdwards county, as county roads are. The county 
commissioners' court of Edwards county shall allow 
said commissioners last named, a just and reasonable 
compensation for their services, to be paid out of the 
treasury of said county. All other roads heretofore 
laid out, commencing and terminating at the same points, 
and lying between the same, are hereby vacated. 

Sec. 6. The commissioners appointed by this act, 
shall not be required to locate said road, unless the coun- 
ty commissioners' courts of the respective counties 
through which the said road shall pass, shall first agree to 
pay the expenses thereof. 

ypproved, Feb, 9, 1831.3 



In forcx 

Feb. 10 1831. An act to locate a road t*rom greenville in bonb 

county, to shelbyville, in shelby county. 



Sec. 1. Be it enacted by the People of the State of 
Illinois represented in the General Assembly^ That John 
Hopton and Jam ^s Durlev of Bond county, and Benja- 
min Roberts of Montgomery county, be, and they are 
Commission- hereby appointed, commissioners to view and locate a 
ers to locate state road from Greenville, in Bond county, through the 
Hurricane settlement, in Montgomery county, thence on 
the nearest and best route to Shelbyville, in Shelby 
county. The said commissioners' in the location of 
said road, shall have special regard to the public con- 
venience, the localities of the g. ound, settlements, and 
advantages in crossins:; waler courses. If, in the loca- 
tion of said road, thV» commissioners should intersect 
either of the state roads leading from Hillsborough or 
¥^pdalia, to Shelbyville, then and there said road shall 



road from 
Greenvile to 
Shelbyville. 



AOADS. ^ i^q 

terminate; at which point said commissioners shall erect, 
or cause to be erected, a good substantial post, designat- 
ing the point of intersection. 

Sec. 2, Said commissioners shall meet at Greenville 
on the last Monday in May next, or as soon thereafter as ^ . , 
they may agree on, and after being duly sworn before ""'' *"*'^^- 
some justice of the peace of the proper coun y, to per- 
form the duties herein required, shall proceed to survey, 
mark and locate said road. Where said road passes 
through timber, the commissioners shall mark the same, 
and where through prairie, it shall be their duty to put 
up good and substantial posts at the end of each quarter 
of a mile, firmly and strongly fixed in the ground ; and 
at the end of each mile, as well in the timber as prairie, 
the number of miles shall be legibly marked on trees or 
posts. When said road shall be thus located and sur- 
veyed, it shall be the duty of the commissioners, within 
thirty days thereafter, to file a report of their proceed- 
mgs m the offices of the clerks of the county commis- 
sioners' courts of the respective counties through which 
the said road may pass, after which, said road shall be to 
all intents and purposes a public highway of this state, 
and shall be worked on and kept in repair, as other state 
roads. Said road shall be opened four poles wide. 

Sec. 3. Said commissioners shall have power io em- 
ploy all the hands necessary to the completion of the n.. ■ , 
work. They shall keep an accurate account of the num- '' ^"^''• 
her of days or length of time that they may be employ- 
ed in the location and survey of said road in each of the 
counties through which the same may pass. The com- 
missioners shall, within thirty days thereafter, present 
their accounts to the respective county commissioners' 
courts, of the counties through which said road passes, 
for the services they may have performed in each county 
which said accounts the commissioners' courts aforesaid 
shall pay. Each commissioner shall receive one dollar 
and fifty cents per day, for each day by him necessarily 
employed about said work: and such hands as they may 
deem it expedient to employ, shall receive seventy-five 
cents each, per day. A reasonable allowance shall be 
made bv the several counties through which the road 9°"*PG»='» 
passes, for setting in the posts along said road, as herein*'''"' 
required. This act to be in force from and after its pas- 
sage. ^ 

[Approved, Feb, 10, 183I.f 



O 



150 



ROADS. 



In Forck 
Feb. 10, 1831. 



A^ AC TO RE-LOCATE A PART OF THE ST. LOUIS AND 

VI^'CE^^ES state road, and for other purfoses. 



Be it enacted hy the People of the State of Illinois, rqure- 
sented in the General Assembly, That Harry Wilton, An- 
drew Bankson, and John H. Morgan, be, and they are 
Comm'rsto hereby appointed commissioners to view, mark, and lay 
lay out from ^^t a road from Carlyle to Charles Cox's, in Clinton 
Cox'"s.^ ^ county. Said commissioners, before entering on the du- 
ties above assigned, shall take an oath before some jus- 
tice of the peace to locate said road the nearest and best 
route, and make return thereof to the county commis- 
sioners' court, who shall cause the same to be opened 
and kept up as other state roads are: Provided, the coun- 
ty commissioners' court of Clinton county will pay the 
said commissioners a reasonable compensation. 

Approved, lOth Feb, 1831. 



Compensa 
tion. 



Is FOICE 
Feb. 10, 183] 



AN ACT TO LOCATE AND LAY OUT A HOAD Ff CM PEKIN 
IN TAZEWELL COUNTY,^TO VERMILION COUNTY. 



Sec 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That Isaac 
Comm'rs to Perkios of Tazewell county, William Orendorff of M'- 
locate road Lean county, and Matthias Reinhart of Vermilion coiin- 
from Pekm to ^^^ -^^^ ^^^^ ihey are hereby appointed, commmissioners 
to view, survey, mark and locate a road from Pekin 
in Tazewell county, to Mackinaw town, thence to the 
Blooming Grove, thence to Cheney's Grove, and thence 
to the big Grove in Vermilion county, so as to intersect,' 
at or near the big Grove, a road about to be laid out] 
by commissioners to be appointed by the county com- 
missioners' court of Vermihon county, from the Indiana] 
state line, by Danville, towards Fort Clark. Said road,| 
when so located, shall be considered a state road, and ' 
shall be opened and kept >n repair as otlier roads are , 
in this state. 



ROADS. 12 J 

Sec. 2. The said commissioners, or a majority of 
them, shall meet at Pekiii in Tazewell county, on the ^'^®" ^° "^^®'' 
tenth day day of October next, or within ten days there- 
after, and after being duly sworn before some justice 
of the peace for that purpose, shall proceed to vicv/, 
survey, mark, and locate said road on the nearest and 
best route from point to point given, doing as little dam- 
age to private property as the public good will permit. 

Sec 3. The said commissioners, where said road Their duticp. 
passes tlirough timbered land, shall criuse the same to 
be marked on tne trees, and v/hcre it passes through 
prairie, they shall cause a furrow to be run v/ith a plough: 
said road shall be four poles wide. 

Sec. 4. i\.s soon as said road shall be so located, said jyianA: report. 
commissioners shall make a map or plat of said road, and 
shall designate the courses and distance from point to 
point, denoting the most remarkable places and water 
courses, with such other remarks as they may deem ad- 
visable, and transmit the same to the secretary of state, 
who shall tile and preserve the same in his office. 

Sec. 5. Said commissioners shall also make a map oi' other mapi. 
plat of so much of said road as lies in the respective coun- 
ties through which said road passes, and transmit the same 
to the clerk of the county commissioners' court of the 
county, who shall tile and preserve the same in his otiice. 

Sec. 6. The said commissioners shall make out a 
statement of the length of time necessarily employed by 
them, and their necessary hands in locating said road in 
each county through which the same passes, and present ^-^^^ 
it to the county commissioners' court of the proper coun- 
ty; and the said court is hereby authorized and requir- 
ed to make said commissioners and their necessary hands 
a reasonable compensation per day, out of the county 
treasury, for their services rendered under this act: Pro- 
vided, that nothing in this act contained shall be so con- 
strued as to create any liability on the part of this state, 
to pay the said coiniwssioners, or their necessary hands, 
out of the state treasury. This act to be in force from 
and after its passage. 

[Approved, Fcbrnary \OtJu 1831.] 



153 

HOADS. 

AN ACT TO PROVIDE FOR CHANGING CERTAIN STATE 
Feb. 14 1031. ROADS IN SANGAMON COUNTY. 

Sec. 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly^ That Samuel 
^ , Morris, JamcB Walters, and Abraham Duff, are hereby 

le-locate part appointed commissioners to view and re-looate that part 
of certain of the state road leading from Springfield io Jacksonville, 
road's. which lies between the town of Springfield and Samuel 

Morris': also that part of said road which lies between 
Turner's branch and the east end of William Moffatt's 
lane. Said commissioners, or a majority of them, shall 
meet at tl\e court-house in Springfield on the first Mon- 
day in April next, or within ten days thereafter, and af- 
ter being sworn faithfully to discharge the duties impo- 
sred on them by this act, shall proceed to view, survey, 
and mark or stake the best practicable route for the road 
from Springfield to Samuel Morris', so as to make said 
road pass on the township or other lines of the survey^ 
of public lands, wherever practicable, having due re- 
gard to the public convenience: fhey shall then proceed 
to view, survey, and mark or stake, in like manner, that 
part of the route which lies between Turner's branch 
and the east end of William Moffatt's lane. And imme* 
diately upon the completion of the surveys aforesaid, the 
r,,- commissioners shall make a report to the county con*- 

. o^epor . jyjjgsiojjgj.g' court of Sangamon county, stating the man- 
ner in which they have discharged their duties, and the 
courses and distances of the route surveyed, which re- 
port shall be entered upon the records of said court, and 
the court shall thereupon make an order declaring the 
routes, so surveyed, the state road, and vacating so much 
of the present state road as may be changed by the route 
surveyed. The said court shall also require the routes 
surveyed, to be opened and kept in repair, as other state 
roads, and allow the commissioners a reasonable com- 
pensation for their services and expenditures. 

Sec. % The county commissioners' court of Sanga- 
Sp'i-ingfieW toHion county, whenever it shall be deemed expedient by 
Bearcfstowu said court, may cause the state road leading from Spring- 
may bere-lo-^g]j^ to Beardstown to be surveyed and re-located from 
cated. Springfield to the county Hne of Morgan county, so as to 

make the road pass on the nearest practicable route, and 



ROADS. 15S 

on the township or other lines of the surveys of public 
lands; and whenevci such survey and re-location shall 
be made by order of the court, the court shall declare 
the route, so surveyed, the state road, and discontinue 
the whole, or any part, of the present road. 

[Approved, Feb, Utk, 1831.] 



An act changing a part of the state road from (^ pop ^.^ 
vandalia to carrolton, thence to atlas, in pike feb. 1-^, 18^. 

COUNTY, 

Sec. 1. Be it enacted by the People of the Slate of 
Illinois, represented in the General Assembly, That Joseph 
Borough of Macoupin county, Henry Cook and John 
Barnett of Greene county, be, and they are hereby ap- Commissicn» 
pointed, commissioners to view and relocate that part oi^'^^^oTG-Xo- 
the state road leading from Yandalia to Carrolton, that from Van<la^ 
lies between Hillsborough and Carrolton, so as to lia to Carrol- 
pass through the seat of justice of Macoupin county. *o"- 
And Young Wood and William Eldred and Jeremiah p Carrol 
Smith, of Greene county, are hereby appointed commis-ton to Appfe" 
sioners to review, change, and re-locate that part of the creek, 
state road from Carrolton to the mouth of Apple creek. 
And Jacob Wagner, Benjamin Mun, and George Mc 
Clelland, are appointed commissioners to view, locate From Wng-s 
and establish a road from said Wagn ^r's ferry to the ^f'^l'^-\^^^' ^^ 
Mississippi, opposite Clarksville, in the state of Missouri. ^ ^ ^^ '' 

Sec. 2. Each set of the above named commission- 
ers, or a majority o^ them, shall meet at some convcnic nt 
time, and at such points as they may agree, on or before ^p. ^ , .. 
the fifteenth day of June next, and after being sworn be- 
fore some justice of the peace, shall proceed to pcrtbrm 
the duties respectively assigned them by this act: And 
each set of commissioners shall view, survey, mark, and 
establish such parts of said road, as above directed, on 
the nearest possible route, always keeping in view, the 
ehgibility of the ground over which the same shall pass, 
avoiding as much as possible the injury of private prop- 
erty. Said road to be marked through the prairies by 
setting stakes of durable timber at proper distances, or 
by running a furrow with a plough. 

02 



\KA ROADSt. 

Sec. 3. As soon as practicable after said road is lo- 
To repcrt. Gated, a majority of each set of commissioners shall 
make out a report, accompanied bj a map or plat of 
such pans of said road as they have respectively located, 
der.otir.g the courses and distances from point to point, 
and transmit the same to the secretary of state. And 
they shall make report, in like manner, of so much of 
said road as lies in the respective counties, and transmit 
it to the clerk of the county commissioners' court, of the 
ccunty through which the same may pass, which shall be 
filed and preserved in the office of said court. 

Sec. 4. When said road sh^Il be so located, it shall 
To be a state be a state road, and shall be opened four poles wide, 
road. ^^^ kept in repair as otiier state roads. H 

Sec. 5. The county commissioners' court of each^ 
liorT^^"^^' county through w^hich said road shall pass, are hereby 
authorized and required to allow said commissioners such 
compensation as they may deem just and equitable, for 
the time necessarily employed in locating said road in 
each of their respective counties: Provided, that nothing 
herein shall be so construed as to require said commis- 
sioners to perform the services required by this act, until 
the county commissioners' courts of the several counties / 
shall order the same. 

Sec 6. As soon as the road contemplated by thi« 
act, shall be located and improved, all that part of the 
state road from Vandalia to Carrolton, tlience to Atlas, 
in Pike county, as is changed by this act, is hereby vaca- 
llbad vacat- ted: Provided, nevertheless, that the county commision- 
tict. crs' courts of the several counties, through which said 

road passes, may enter and order making any part or 
parts of said road a county road, and cause the same t^ 
Ue kept in repair as other county roads are. 

[Approved, Feb. Uth, 1831.] 



LVFOUCE ^^ ^CT AUTHr»RlSlNG THE LAYING OUT AND ESTABLISHlXG 

Fejb.15, 183J. CERTAIN ROADS THEREIN NAMED. 

Sec. 1. Be it enacted by the People of the Siate of 1111- 
iio'is, represented m the Gemral A^»eniblif, That Harry 



ROADS. |KK 

Wilton and x\ndrcw Borders, be, and they are hereby Com's. ap- 
appointed, commissioners, to view and locate the route P'' J" *^*^ '°^°" 
of a road, beginning at a point to be designated by them from Cuoiber- 
on the Cumberland road, east of the Kaskaskia river ; 'and ro id to 
thence the nearest and best route to New -Nashville, in^^^^^^^^^- 
Washington county; and thence the nearest and best 
route to Kaskaskia, in Randolph county. It shall be the 
duty of said commissioners to meet at Vandalia, on or 
before the tirst day of October next, and after having 
taken an oath or affirmation, before some judge or jus- 
tice of the peace, faithfully and impartially to execute 
the duties required of them by this act, to proceed to 
view and lay out the route of the road aforesaid. 

Sec. 2. John ilutchingjs and Joel Manning, are here- Com's to lo- 
by appointed commissioners, to view and locate the cate road 
route of a road from New-Nashville, by way of Pinck-^'"of»?^'^^^: 
neyville in Perry county, to Gill's ferry, on the Missis- ferry. ° 
sippi river, on the nearest and best route for a road. It 
shall be the duty of the commissioners, last named, to 
meet at Brownsville, on or before the first da) of Octo- 
ber next, and after having taken an oath or affirmation, 
before some judge or justice of the peace, faithfully and 
impartially to execute the duties required of them by 
this act, to proceed to view and lay out the route of the 
last mentioned road. Robert Huggins and John Wood- Corn's, to lo, 
rome, of Perry county, are hereby appointed commis- ^^*^ ^°}^^ 
sioners, to view and lay out the route of a road from f^^J^ to Kirk-> 
lavely's ferry, on the Kaskaskia river, through Pinck- patrick's 
neyville in Perry county, to Kirkpatrick's bridge on Lit- bridge. 
tie Muddy river, in Franklin county, on the neare«5t and 
best route for said road. And it shall be the duty of 
said commissioners to meet at Lively's ferry, on or be- 
fore the first day of October next, and after having ta- 
ken an oath or affirmation, before some justice of the 
peace, faithfully and impartially to execute the duties 
required of them by this act, to proceed to view and lay 
out the route of said road. 

Sec. 3. The said commissioners shall have power to 
employ a surveyor, two chainmen, and a marker, ^or -pjjg-j. jj^^igg. 
surveying and marking each of the routes aforesaid, and 
allow to each surveyor any sum, not exceeding tbree 
dollars per day, and to the chainmen and marker, not 
exceeding one dollar per day, each, for each day neces- 
sarily employed; and each of the said commissioners 
shall be allowed two dollars and fifty cents per day, for 
each day necessarily employed in performing the duties 
required of them by this act; to be paid out of the couos 



|{^g ROADS« 

Corn's, to lo- tj treasuries of the respective counties through which 
eate road ^^^ same may pass. Job Badgley, John Hart and David 
man's ferry to Hill, are hereby appointed commissioners to survey, mark 
Belleville. and lay out a road from Tatman's ferry on the Kaskaskia 
river, to Belleville, in St. Clair county. Tbe said com- 
missioners shall lay said road out on the straightest best 
direction found practicable, and certify the same to the 
county commissioners' court of said county: which said 
road, so laid out, shall become a public highway of this 
State. So much of the state road as now runs from 
Tatman's ferry to Belleville, is hereby vacated. James 
Corn's, to lo- Mason, Isaac Griffin, and Alexander Culbertson, are 
cate road hereby appointed commissioners, to mark, survey, and 
vXto Gor- ^ay <^"t a road from Belleville, by Thomas Pulliams, on 
den's. the Kaskaskia river, to — Gorden's, in Washington 

county, so as to intersect the road leadmg from Illinois 
town to Franklin county. Said commissioners shall 
To report. make out a report of their proceedings, and certify the 
same to the county commmissioners' court of St. Clair 
county; and it shall be the duty of said court to cause 
both of said roads to be opened, and kept in repair, as 
other roads are. Said commissioners shall be allowed 
a reasonable compensation for their services, out of the 
county treasury of St. Clair county. 

Sec. 4. Said commissioners shall cause the routes of 
Duties. the roads aforesaid, where the roads shall pass through 

timbered land, to be marked on the trees, and fix posts, 
firmly driven in the ground, at the end of each quarter of 
a mile, and at the end of each mile; and when the same 
shall pass through prairie,by fixing posts along the routes, 
and at the end of each mile raising mounds of earth, at 
least two feet in height and three feet in diameter at the 
base, and shall keep field notes and make plats of the 
routes, and return the same to the clerk of the county 
commissioners' court of each county, of that part of the 
road laid out in such connty, certified by them; and it 
J. J. shall be the duty of the county commissioners of each 

ty court. county, in which said road shall be so laid out, to cause 
an entry to be made upon their records of the same, and 
direct, by an order, the opening of the road forty feet 
wide, in their county, and to keep the same in repair as 
other public roads; and when so opened, the same shall 
be considered and deemed a public road, as other pub- 
lic roads laid out in each county, to all intents and pur- 
poses: Provided, said commissioners shall not be com- 
pelled to perform the services herein required of them, 
until the county commissioners courts, of the respective 



ROADS Igi^ 

counties, through which the said roads shall pass, shall by Compensa^ 
an order of their court, provide for the payment of the **°"^ 
'^xpen^s of viewing and laying out said roads. 

{Approved, Feb, I5th^ 1831.] 



AN AST TO APPOINT COMMISSIONERS TO LAY OUT A STATE jj^ yoRC^ 

ROAD FRON ALTON TO GALENA. Feb. 15,1831, 

Sec. 1. Be it enadecl hy the People of the State of 
Illinois, represented in the General Assembly, That Samuel Corn's* to lay 
Whiteside of Madison countv, William Carlin of Greene out road be- 
^ounty, and Samuel S. Matthews, of Morgan county, be, ^^J®{j,^^^^?^" 
and they are hereby appointed, commissioners, to view,river. 
survey and locate so much of the State road as lies be- 
tween Alton and the Illinois river at Bairdstown; and Corn's, to lay 
that John Foley of Jo Davies county, Jesse Bartlett ofo«t road be- 
McDonough county, and Hart Fellows of Schuyler coun- Jj^^^^J^^^^^^^^ 
ty, be, and they are hereby appointed, commissioners, to Galena, 
view, locate and survey so much of said State road as lies 
between the Illinois river, opposite Bairdstown, and Ga- 
lena. Duties of the 

Sec. i2. The ©ommissioners, or a majority of them, Corn's, south 
appointed for that part of the road which lies south of°/*^® Illinois 
the Illinois river, shall meet at Alton, on the fifteenth 
day of June next, or within thirty days thereafter, and 
after being duly sworn to observe the provisions of this 
act shall proceed to lay out, locate and survey said road, 
from Fountain ferry in Alton, by the way of Carrolton, 
Whitehall, and Jacksonville, to Bairdstown, on the Illi- 
nois river; and shall, on or before the first day of Sep- 
tember next, make out, or cause to be made out, a true 
or perfect map, or plat of said road, and file the same 
with the Secretary of State, and also file a duplicate, of so 
much of said road as passes through each of the several 
counties, with the clerks of the commissioners' courts of 
said counties. 

Sec. 3. The commissioners, or a majority of them. Duties of com. 
of that part of said state road which lies north of thennss^oners 
IlUnois river, shall, on the the fifteenth day of June next,"^r*'^ ^\^ '"'i' 
or within thirty days thereafter, meel at Hushvillo, and ^ 

after taking an oath to observe the provisions of this act, 



158 



ROADS. 



shall proceed to lay out, locate, and survey said road, 
from the Illinois river, opposite Bairdstovs^n, by way of 
Kushville and Macomb, to Galena; and shall, on or be- 
fore the first day of October next, make, or cause to be 
made, a perfect map, or plat of said road, and file the 
same with the secretary of state, and also a duplicate of 
so much of said road as passes through the several comi- 
ties, and file the same with the clerks of the county com- 
missioners' courts of said counties. 

Sec. 4. Whenever said road shall be laid out and 

Shall be a pub located as aforesaid, it shall be deemed a public road, be 

opened four poles wide, and be worked upon as other 

state roads are, and the same shall not be changed or 

turned out of its course upon any account whatever. 

Sec, 5. The said commissioners shall receive for 
their services such compensation as shall be deemed just 
and reasonable, out of the several county treasuries 
through which said road shall pass: Provided., however, 
that nothing contained in this act, shall authorize said 
commissioners to proceed to lay out and locate said road, 
until the county commissioners of the several counties, 
through which said road is contemplated to be laid out, 
shall make an order for the payment of such expenses as 
may be incurred thereby. 

Sec. 6. The county commissioners' court of Greene 
county, are hereby authorized, if they deem it expedi- 
ent, to cause a good substantial hi idge to be built acrosa. 
Macoupin creek, where said road shall cross the same< 
to be paid out of the county treasury, 

[Jpproved,^ Feb. I5th, 1831.J 



lie road. 



Compeiisa 
tioD. 



Bridge over 
Macoupin. 



In force, 
June 1,1831. 



AN xVCT TO AMEND AN ACT ENTITLED, " AN ACT CON- 
CERNING PUBLIC ROADS, APPROVED FEB. 12, 1827." 



Sec 1. Be it enacted hy the People of the State oj 

Illinois, represented in the General Assembly, That every 

Three days able bodied male peison over the age of twenty-one 

labor requir- years, and under the age of fifty years, residing in this J 

^' ' state, shall he required to perform three days labor on 

the public highways, under the superintendence of the 



ROADS. t>Q 

supervisor of the district in wliich he resides, any law 
to the contrary notwithstanding: and the said supervi- 
sor siiall be required to give each and every person three 
days notice of the time and place of woriiing, and the Supervisor to 
tools with which he is required to work; and not less give notice, 
than eight hours shall be deemed a days work: Provided, 
that when any person shall own, or have in his service, 
any slave, or slaves, or registered servants, it shall be 
sufficient to give the notice to the master. 

Sec. 2. Whenever in the opinion of the county com- 
missioners' court of any county of this state, the road 
labor required by the first section of this act, shall be in- Extra later 
sufficient to keep the roads in good repair, they shall 
enter an order on the records of said court, requiring the 
supervisors to call apon every taxable male inhabitant 
in his district, to perform labor on the roads at the rale 
of not more than one day, for every one hundred dollars 
worth of real and personal property he may possess in 
the county: Provided, That where the taxable property 
of any person liable by law to work on roads and public 
highways, does not amount to fifty dollars, he or they 
shall not be required to perform more tjian three days 
labor, as provided for in the first section of this act. 

Sec. 3. For the purpose oi ascertaining the amount 
of each and every person's road labor, as required in the 
second section of this act, as soon as the several supervi- ^°^^ ^ {^^. 
sovs shall be notified by the county commi' sioners' court, 
that additional road labor is required, they are hereby 
required to make out a list of the taxable male inhabi- 
tants in their respective districts, and forward the same 
immediately to the clerk of the commissioners' court, 
who shall thereupon make out a statement of the amount 
of real and personal property, from the return of the as- 
sessor of his county, and forward it to the supervisor of 
the proper district. 

Sec. 4. Any person owing road labor, shall be exone- 
rated from performing the same, by paying to the super- Money may 
visor the sum of fifty cents, in lieu of each day's work re- bepaul fdv 
quired of him by this act: which money shall be expended 
by the supervisor (if he may think it necessary,) in purclm- 
sing plank and other materials, to build or repair bridg- 
es or causeways in his district, to procure guide boards,, 
or to employ hands and teams on the roud. 

Sec. .5. Any person may be exonerated from road la- 
bor by procuring a hand as able as hims-^ If (which shall 
be judged of by the supervi^^or,) as a subatit»:Tte. And 
ewerj principal shall be liable for the conduct and per- 



IBO 

Substitutes. 



Neglect or re- 
fusal to labor 
on road. 



Misconduct 
of laborers. 



Laying out 
aew roads. 



ROADS. 

formance of his substitute, as if he was performing the 
labor in person; and if any fine or forfeiture shall be in- 
curred by him, for a violation of the provisions of this 
act, the principal shall be compelled to pay it; which 
may be sued for, and recovered, before any justice of 
the peace in the county. 

Sec. 6. If any person shall, on receiving the notice 
required by this act, neglect or refuse to perform his 
road labor, or to pay the value thereof as required by the 
fourth section of this act, the value of such road labor 
may be recovered of him in an action of debt, before 
any justice of the peace in the county, in the name of 

county, for the use of the road district in which the 

defendant resides; and in all such cases the supervisor 
shall be a competent witness. 

Sec. 7. If any person performing such work on the 
road under the superintendence of a supervisor, or any 
person for him, or by his order, shall conduct himself 
in a disorderly manner, so as to disturb the other hands, 
be idle, or shall disobey the order of the supervisor, or 
person under him; the supervisor is hereby authorized 
to discharge him, and may commence suit and recover 
of him the amount of road labor due from such person, 
for that year, estimating the same at fifty cents in specie 
per day; and the supervisor is hereby required to give 
credit before judgment shall be rendered, for the amount 
of work actually performed, or money paid, if any, by 
such person: x\nd such disorderly person shall moreover 
pay a fine, for such disorderly behaviour on said road, 
not exceeding two dollars, nor less than fifty cents, in 
the discretion of the justice of the peace, before whom 
the same may be tried, to be recovered as in other cases 
under this act. 

Sec 8. For the purpose of laying out any new road 
by the order of the county commissioners' court of any 
county in this state, or building or repairing any bridge 
or causeway, the supervisor, or any person under his di- 
rection, is hereby authorized toenlerupon the nearest 
unimproved land , and to cut and haul away timber, or 
to quarry, and haul away any stone or gravel, which may 
be necessary for thai purpose: Proiided^ he shat] not 
take any timber already cut, or any stone or gravel al 
ready quarried, for another purpose, without leave of the 
owner, or his, or her agent: And proviM also, tha'' un- 
less the owner, ov his, or her agent, shall first conser.i to 
the opening of any new road, to the cutting of timber, 
and to the quarrying of stone, the su^rvisor shall call 



UOADS. J g I 

upon two discreet householders to value the materials* 
about to be used, and the injury which the owner will 
sustain, by laying said road, taking into consideration, 
the advf^ntagcs to said owner, of the work about to be 
performed. If the ov/ner of the land or his agent shall 
see proper, he may choose two other discreet household- 
ers, to act with such as may be chosen by the supervisor; Assessment of 
and if they cannot agree, then the four, shall choose a damages. 
lifth, eis umpire, and the five, or a majority of them, shall 
make out their award, under their hands and seals, and 
transmit it to the clerk of the county commissioners' 
court, who shall file and preserve the same; which 
award shall be final and conclusive of amount of dam- 
ages sustained by such person. And the amount so 
awarded, shall be paid to the owner of the land, or to 
his or her agent, out of the county treasury. 

Sec. 9. The several supervisors are hereby authori- 
zed whenever it may be necessary for the purpose of D,ains 
draining any public highway, to cut a ditch or drain, through pri- 
through any adjoining land, K it can be done without vate land. 
any material injury to the owner thereof. And any per- 
son who may stop, or fill up said ditch, shall pay a fine 
of ten dollars, to be recovered as other penalties are by 
ihk act. 

8ec. 10. It shall be the duty of each and every su- 
(jervisor to render an account to the county commission- Supervisors 
irs' court of his county, at their March term annuallj^, to account., 
of the amount of money received by him during the 
year, and the manner in which it has been expended ; 
and if any balance shall be in his hands, the same shall 
be paid over by him to &aid court. 

Sec. II. In the location of all new roads, and alte-^. •. ^ 
rations of roads, the county commissioners' court shall jayincr out 
appoint as one of the commissioners or viewers, th(3 coun- new roads. 
ty surveyor, unless he shall be unable to serve, or con- 
sidered by the court, interested to too great a degree in 
the work. All county roads shall hereafter be surveyed, 
and a perfect map and report, with the courses and dis- 
tances, signed by the viewers, or a majoj'ity of them 
shall be returned to the court, and the road being estab- 
lished, the report shall be recorded at length- and when 
any road, or part of a road, shall be establi.^hed, ifc shall 
be the duty of the court to say and determine on the 
jvidth of the same, not less than thirty, nor more than 
Sftv feet wide. 

Sec. 12. The eighth, eleventh, and eighteenth sec- 
tions of the act to which this is an amendment, are herC' 

P 



162 



SALINES. 



Repealing by repealed. This act to be in force from and after the 
clause. first day of June next. 

[Approved, Feb.l5, 18^1 .J 



SALINES. 



FORCE -^^ '^^'*' "^^ ENCOURAGE THE MANUFACTURE OF SALT, 

u.ll, 1831. ^^jy POR THE BENEFIT OF CONRAD WILL, AND OTH- 

EliS. 

Sec 1. Be it enacted by the People of the State of 
viav le'^.'^eto ^'^f'^ois, represented in the General Assembly, That the 
«:,' Will. Governor be, and he is hereby authorized to execute a 
lease to Conrad Will, of the Muddy Saline, free of rent, 
which lease shall end on the first day of December, 1840, 
and commence at the expiration of the lease granted to 
James Pearce. 
Superintend- Sec. 2. The superintendent of the Gallatin county 
cnt may per- saline is hereby authorized to permit any per=on, or per- 
mit persons to g^j^^.^ to enter upon any vacant lot of the said saline, or 
canTlots."^^'with leave hereafter to be granted by the lessee, upon 

any occupied lot, and to dig there for salt water, 

committing no unnecessary waste; and if such person, 
coverrnVsa'lt or persons, shall succeed in the discovery of salt water of 
water to have equal or greater strength than that now generally used 
certain privi- ^^ gaid saline, he or they shall be entitled to the exclu- 
^^ ^^^' sive right of boiling the same, and manufacturing salt 

therefrom, ^reQ of rent, for the period of ten years from 
the day the salt water is discovered, and shall moreover 
have sufficient timber, for fuel and other purposes, to car- 
ry on such manufacture for the period aforesaid. 

Sec. 3. If any of tlie present lessees shall make 

new discoveries of salt water as above, they shall have 

Lesseesdis- the same rights and privileges in respect to such new 

covering discovered water as is granted above to other persons: 

privile'^e?. provided, they shall comply faithfully with the conditions 

of their existing leases, so far as shall relate to all other 

matters except new discoveries of salt water hereafter 

made. 

Sec. 4. The said person, or persons, and old lessees 



SALINES. ^Qc^ 

aforesaid, shall at tho expiration and end of their re- 
spective leases as aforesaid, surrender up to the state all Proceedings 
XL , J . - 1 . J . dt the cxpira 

the works and innprovements so made, in good repair, tion of Icusesl 

except the metal used in boiling salt water: provided, 
that nothing in this act shall be so construed as to inter- 
fere with any of the rights or privileges belonging to 
the present lessees. 

Sec. 5. The old lessees who do not make further 
discoveries of salt water, as aforesaid, may be permitted j 
to hold the lots now leased to them, until the first day ofbecxtcndeiJ. 
December, 1810, by their paying to the state, the same 
rent annually, that is now specified in their several 
leases. 

Sec. 6. No person shall be entitled to the benefits Present wells 
of this act relative to newly discovered salt water, who protected, 
shall dig for, and discover salt water, so near another 
well of good salt water, as to injure the quality or quan- 
tity of the same. 

Sec. 7. Permission is hereby granted to any person, Privileges 
or persons, from and after the expiration of the lease of^^^\^^T^^^% 
the big muddy saline, heretofore granted by the Gover- Peurceex- 
nor of this state, to James Pearce, to enter upon the tended to oth-^ 
said saline reservation, and dig for salt water, and \(^^ persons. 
such person, or persons, shall succeed in the discovery 
of said water, he or they shall be entitled to the exclu- 
sive right of boiling the same, and manufacturing salt 
therefrom, free of rent, for the term of ten years from 
the discovery of said water; or, with have hereafter to 
be granted by the present lessee or lessees, of the said 
big muddy saline, any person or persons, may at any 
time after such leave given, enter upon the said saline 
reservation and dig for water as aforesaid, and in the 
event of his or their discovering the same, he or tliey 
shall be permitted to use the same for the manufacturing 
of salt, for the term aforesaid, free of rent. 

Approved, Jan, 1 1, 1 83 i . } 



AN ACT CONCERNING THE VERMILLION SALINE. , 

Jan. 28, 183 h 
Sec. 1. Be it enacted by the People of the State of 
Illinois^ represented in the General Assembly, That John 



-, ^ . SALINES. 

164 

J. w. Vance W. Vance, the present occupyer of the Vermillion sa- 
to occupy ]ine, shall have the use occupancy and possession of said 
Veanilion &a- g^ij^g^ the land included in the original lease to McCall, 
Treat, and others/ and also one half section more, to be 
hy him selected, for timber, free of rent, until the first 
day of January, 1833; provided, that said Vance shall 
give bond, with sufficient securities, during the present 
session of the Legislature, made payable to the Gover- 
nor and his successors in office, for the use of the people 
of the state, in such penalty as the Governor shall di- 
rect, conditioned that he will go on and bore the present 
On certain ^ygjj^ (-^ ^Vj^ depth cf 500 feet, make all the salt he pos^i- 
ii"!"^ ^^^^'^''' hly can, by reasonable exertions, committing no unneces- 
sary waste of timber, and that he will give up to the 
state, peaceably, and without delay, at the expiration of 
said term, the lease so granted, with all the buildings 
and improvements of every nature and kind, in good re- 
pair, saving to himself, as his property absolutely, all the 
metal: which lands and improvements will then be un- 
incumbered, and the property of the state. 

Sec. 2. If said Vance shall not give bond with secu- 
rities, as above stated, the Governor shall cause a final 
settlement to be made with said Vance, as contemplated 
If Vance does j,^ f]^g original bond given by \lcCall, Treat, and others, 
wUh^the^^ on fair and equitable principles, deducting the sura 
above provis- which may be found due for the use of said works, from 
iens, Gover- the 16th of December, 1829, until settlement shall be 
SeVithhim*'^^'^®' ^^^ ^^ order to eflTect the settlement, the Gover- 
nor may appoint an agent, to act for the state, with gen- 
eral or special powers to act and close the concern with 
the said Vance, ai.d to lease the works for a term not 
exceeding two years. 

Sec 3. In making selections by settlers on the Ver- 
milion saline reserve, granted in the act passed for the 
Selections to benefit of John Powell and others, the same shall be 
be ™adG .y jt^^^q ]^y legal divisions, north and south lines, as now ob- 
served by Congress: and said act shall not be construed 
loapp]'. to sections sixteen and seventeen, upon which 
the tali: works are situated: No preemption right shall 
be given on said sections. 

Approxed^ January^ 28^A, 1831. 



W 



165 



SALINES. 



AN ACT TO AMEND AN ACT ENTITLED, " AN ACT REGU-Jj, poRCf . 

LATIW6 THE GALLATIN COUNTY SALINE." Dec. 25, IBIW, 

Sec. 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the 
superintendant of tlie Gallatin countj saline shall re- Satery of tiie 
ceive for his services, as superintendant, the sum of three ''^P^riatend- 
hundred and fifty dollars per annum. ^"*' 

Sec. 2. So much of the act entitled, " An act rem- Part of former 
lating the Gallatin county saline," as relates to the sala-act repealed. 
ry of the superintendant. is hereby repealed. 

[Approved, Dec. "25, 1830.1 



AN ACT TO AMEND AN ACT ENTITLED, " AN ACT CON-ixroRCE 
CERNING SALINE RESERVE*?, A PENITENTIARY, AND^^"**'* "^J ^^^^ ' 
THE IMPROVEMENT OF CERTAIN NAVIGABLE STREAMS, 
APPROVED DEC. 19, 1898." 

Sec. 1. Be it enacted by the People of the btate of 
Illinois, represented in the General Assembly, That after 
the first day of March next, the commissioner of lands 
on the saline reserve, shall cause public notice to be giv- 9°°^™''' °^^^' 
en, in any number of newspapers, not exceeding four,aSveJt/seEak. 
for six weeks successively, that the said lands will be 
offered for sale to the highest bidder. The said com* 
missioner shall give notice of the day and place of such 
sale. And in offering the said lands he shall proceed 
in the same manner as was required by the act to which i 
this is an amendment, except that the whole shall be sold in 40 acre 
offered and sold in tracts of forty acres: Provided, That'ots. 
the said lands shall in no case be sold for a less sum than 
•f seventy-five cents per acre : Provided further, that the 
sub-division above named shall be made by an east and Divisions to 
west line running through the legal sub-division author- ^®^^^'^^^^' 
ized by the United States. 

Sec. 2. After the said lands shall have been offered 

P2 



166 SALINES. 

Pev!=o!ismay for sale, as is above required, it shall be lawful for any 
entei- tracts a pf^r-g^j^ qp persons to epter, in tracts of forty acres, if he ■ 
private sale, r r r . . • i i j • • 

or they choose so to do, any oi tne said lands remaining 

unsold, at sevenh -five cents per acre. 

Sec. 3. Alexander K. Boulwell, Samuel M'Clintock 
Comm'rs ap- ^"^ f^'iies Y. Tavioi, are hereby appointed commission- 
pointe*) to se-ers, whose duty it shall be to enter upon the saline re- 
ieot saline serve and select, by the surveys of the United States, 
'^^ ^' any number of acres, not exceeding live thousand, in the 

said reserve; and if there are any lands selected by the 
former commissioners, which shall be useful for salt ma- 
king, or any which the lessee or lessees of any lot in the 
said saline will not relinquish, or any other lands select- 
ed which it is inexpedient now to sell, the same shall be 
relinquished: Provided, the selections, as before required, 
in this section, shall not exceed the amount so relinquish- 
ed. The said commissioners shall, before entering upon 
their duties, take an oath for the faithful discharge of 
Totakeoalh- the duties required by this section; and, after the selec- 
tions have been made, they shall report to the commis- 
sioner authorized to sell the same, describing particu- 
' larly what lands have been relinquished, and what have 

been selected in lieu. 

Sec. 4. The commissioner appointed to sell the lands- 
authorized to be sold in the Gallatin county sahne re- 
serve, shall receive, from and after the first day of Jan- 
uary one thousand eight hundred and thirty-one, as a 
compensation for his services, the sum of four hundred 
Salary of sa- ^Qij^^pg pg^ annum, in lieu of the four per rent, as now 
fixed. allowed to him by law; the said sum to be in full com- 

pensation to said commissioner for office rent, clerk hire, 
books, stationary, and transportation of the money; the 
same to be paid out of the funds arising from the sale of 
the lands in the saline reserve. 

[Approved, J an* 4, 1831.] 



AN ACT TO AMEND AN ACT, ENTITLED, '^AN ACT CONCERN- 
^^^i^lddl ^^^ ^"^ SALINE RESERVE, A PENITENTIARY, AND THE 

' ' IMPROVEMENT OF CERTAIN NAVIGABLE STREAMS." 

Sec> 1. Be if enacted by the People of the State of 
RHnois, represented in the General Assembly, That Leqn- 



SALINES. 



167 

ard White is hereby appointed a commissioner, in placed-- White ap- 
of John McLean, deceased, under the fourtli section of P".'".*^'^ *^°"*' 
the act to which this is an amendment. missioncr. 

[Approved, Jan, 4, 1831.] 



AN ACT FURTHER TO AMEND THE ACT CONCERNING THE 

SALINE RESERVES, APENITENTIARY, AND CERTAN NAVI- J^^^j^^^gg^ _ 
GABLE STREAMS. 

Sec 1, Be it enacted by the People of the State of 
Illinois, represented in the General .Assembly, That the 
commissioner appointed by the sixth section of the "act 
concerning the Saline reserve, a penitentiary, and the 
improvement of certain navigable streams," shall enter Com'r. for the 
into an additionalbond, pajable to the Governor and^^^*'"^^^^^^^ 
his successors in office, for the use of the people of the iTJdtilnf^^ 
State of Illinois, with security, to be approved by the security, 
said Governor, in the sum of ten thousand dollars, con- 
ditioned for the faithful peribrmance of his duties as 
conrimissioner, as directed by said act: Provided, that the 
giving of such additional bond ^hall not vacate the one Not to vacate 
already given, but the same shall remain in as full force °^'^^°"'^- 
as if this act had not passed. And if the said commis- 
sioner shall fail to comply with the requisitions of this 
section, on or before the first day of July next, his office 
shall be deemed vacant, and the Governor shall fill such 
vacancy as in other cases. 

Sec. 2. Whenever Congress shall take off the re- Provisions for 
striction from twenty thousand acres of the land in the ^"""ther sales 
Gallatin county Saline reserve, least useful for sjilt^aifdf^"^ 
making, and so soon as the act of Congress, passed for 
that purpose, shall be published in any of the newspa- 
pers authorised by Congress to publish the laws of the 
United States, the said" land shall be selected in the 
manner hereinafter provided, and offered for sale in 
tracts of forty acres each, by the commissionei mention- 
ed in the first section of this act, who shall commence 
by offering the lowest number of section, township and 
range, until all are offered at the price they will bring, 
E^ot less than the minimum price of seventy-five cents per- 



jgA SALINES. 

acre; and if all shall not be sold, the same shall be sub- 
ject to entry in tracts of forty acres, or any larger qtlan- 
tity, at the option of the purchaser: provided,, the same 
shall be in conformity with the surveys of the United 
States. And where the same is sold or entered in tracts 
of forty acres, the said quantity of forty acres, shall be 
ascertained by an east and west line, dividing in equal 
halves the legal subdivision of half quarter sections. 
And the said commissioner is hereby required to pay 
over the moneys, arising from the sale of the aforesaid 
lands, into the State Treasury, and take the Treasurer's 
receipt therefor, at the end of every six months from the 
opening of the sale; the time and place of which, to- 
gether with a description of the land, shall be advertised 
at least six weeks before the sale, in at least Ibui news- 
papers: the said money to be subject to the disposition 
of the General Assembly. 
Ail 1st be ^^^* ^* ^^^^ Saline lands, hereafter to be sold, shall 
subject to pre- be sold subject to the incumbrance of the existing leases, 
sent incum- unless the leasers shall, respectively, make a written re- 
brances. linquishment of their leases, and in such case, the com- 
missioner shall file such relinquishments in his office, and 
shall sell all lands, of which the leases shall have been 
relinquished, as free from incumbrance. 

Sec.*4. Leonard White, John Black, and Benjamin 
pointed^o'se- Cummins, are hereby appointed commissioners to select 
lect Saline twenty thousand acres of land in the Gallatin county 
lands. Saline reserve, (in case Congress shall consent to the 

unconditional sale of the same,) taking special care thaf 
the land so selected, shall not interfere or injure th( 
present or future manufacture of salt: and after th 
same shall be so selected, it shall be the duty of tlit; 
said commissioners to make a report, describing accu- 
rately the lands so selected, to the commissioner au- 
thorised to sell the same, and also return to him the re- 
liquishments of the lessees. 

Sec. 5. The said commissioners, mentioned in the 
foregoing section, shall, previous to entering upon their 
iPheir duties, duties, take an oath for the faithful discharge of the J 
same, and after the duties enjoined by this act are per- 
formed, they shall make a joint certificate of the num- 
ber of days which they were necessarily employed in 
such duties, and transmit the same to the commissioner 
authorised to sell said land, who is hereby authorised 
a.nd required to pay, out of the first proceeds of the .«iales 
of lands so selected, the sum of two dollars a day to each 
commissioner, respectively, for the Climber of days in 



SECRETARY OP STATE. ^ r*q 

which they may have heen employed in the selection 
aforesaid. 

Sec. 6. All persons now occupying lands in the Gal- improvcmen' 
latin county Saline reserve, and having permanent im- on Saline 
provements thereon, if the land so occupied or impro-'^"^^- 
ved consists of lands to be selected under the provisions 
of this act, or of the "act to amend an act entitled an act 
concerning Saline reserves, a penitentiary, and the im- 
provement of certain navigable streams," passed at the 
present General Assembly, shall be permitted, by the 
commissioner appointed to sell the same, to enter them, 
at any time previous to the offering said land at public 
sale, as is provived in this act, or the act alluded to in 
this section, at eighty cents per acre. 

[Approved, Feb. IbtK 1831.] 



SECRETARY OF STATE. 

KS ACT DEFINING AND REGULATING THE DUTIES AND Jj^B ° 4*^^33^ 
TERM OP SERVICE OF THE SECRETARY OF STATE. 

Sec. 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That the Shall keep the 
Secretary of State shall be keeper of the seal of the state: seal, and shdl 
he shall reside and keep his office at the seat of govern- ^^''^^^^^^^'^f'^ 
ment: he shall provide suitable books for that purpose, g°''^^''"°^^ 
and shall keep a fair register of all the official acts of the ^ig duties. 
Governor; and when required, shall lay the same, and 
all papers, minutes and vouchers relative thereto, before 
either house of the General Assembly: he shall also pro- 
cure the necessary books, stationary and presses for the 
safe deposit of the archives of his said office; which shall 
be certified by the Governor to the Auditor of Public 
Accounts, who shall issue his warrant on the State 
Treasurer for the amount of the same: he shall be clerk To be clerk to 

to the council of revision, and shall also make and pre- *^^. ^.°""^^^ <*^ 

1. .i/r* 1/.1 .1 11*^ ..reTision, 

serve m his said orace a record of the title and date of 

all laws, either approved or rejected by said council of 

revision, and of all acts generally of said council. 

Sec. 2. All public acts, laws, and resolutions that 

have been, or shall be, passed by the General Assembly 



|»yA SECRETARY OF STATE. 

Public records of tj^jg state, shall be carefully deposited in the office of 

lecretarps'f. Secretary of State; and the Secretary of State is liereby 

flee. charged with the safe keeping of said office, and all laws, 

acts, resolutions, and records deposited, or which shall 

hereafter be deposited therein. 

Sec. 3. The Secretary of State is hereby authori- 
To furnish CO- zed and required to cause to be made out true and accu- 
piesoflawstopate copies of all laws, acts and resolutions of the Gen- 
public printer pj,^j Assembly, which may be ordered by the said Gen- 
eral Assembly to be printed; and such copies so made 
out, he shall deliver to the person or persons authorized 
to print the same. And the Secretary of State shall 
feiTdVrmtine' ^^^^^^^^ superintend the printing of such laws, acts and 
resolutions, carefully comparing the printed copies with 
the original laws and rolls deposited in his office, correct- 
ing all errors that may appear in such printed copies; 
and shall make and cause to be printed, at the end of 
such printed copy, an index to the same, and his certifi- 
cate that the acts and resolutions so printed are exact 
copies of the rolls in his office, and also a table of con- 
tents, referring to the page on which each act commen- 
ces. 

Sec. 4. The Secretary of State shall cause to be dis- 
Distribution tributed to the several otiiceis, and into the several 
of laws. counties in this state, the printed laws and journals of 
the General Assembly, and likewise so many of the laws 
of the United States as shall be allowed to the several 
officers and to the several counties respectively, in such 
number and manner as is, or shall be, allowed by the 
General Assembly, and the reasonable expenses attend-^ 
ing such distribution shall be paid out of the state treas- 
ury- 

Sec. 5. The Secretary of State shall, when required 
by any person or persons so to do, make out copies of 
To furnish CO- ^^^ laws, acts, resolutions or other records, appertaining 
pies of records to his said office, and shall attach thereto his certificate, 
to indiyiduals under the seal of this state, and for which he shall be 
entitled to such fees and compensation as now are, or 
hereafter may be, allowed by law. i 

Sec. 6. AH commissions required by law to be issu- _ 
ed by the Governor, shall be countersigned by the See- 
To counter- retary of State, who shall also affix the state seal there- 
sign commis- , Tt 1 11 1 1 • /• J . . 

«ions. to. lie shall also make a register ol such commission, 

specifying the person to whom given or granted, the 
office conferred, with the date and tfehor of such com- 
mission, in a book to be provided and kept for that pur- 
pose. The act entitled, "an act reflating and defining 



oAiMIiVARY LANDS. 



the duties of Secretary of State," approved March 1, 
1819, is hereby repealed. This act to take effect from 
and after its passage, 

[Approved, Feb, 14, 1831.] 



171 



AN ACT TO AMEND AN ACT TO PROVIDE FOR TJHE SALE OF In FoRCE 

THE SEMINARY LANDS, APPROVED JAN. 12, 1829. ^^^- ^^> ^^• 

Sec. 1. Be it enacted by the People of the State of Hit- 
mis, represented in the General Assembly, That should the 
Congress of the United States grant to this State the *^ Congress 
right to surrender township five north, of range one west, cf rrTerse^ 
selected for seminary purposes, to the said United States, nary lands, 
ard authorise the State of Illinois to locate a like quan- Governor to 
tity of land, in small tracts, in the State, the Governor *'"*'''^^'"' 
of the State shall on behalf of the people of the State of 
Illinois, make out a deed of surrender to the United 
States of all the right, title and interest of said State to 
said township of land, and transmit the same to the Sec- 
retary of the Treasury of the United States, fand which 
deed shall for ever divest the State of Illinois to all 
claim or interest in the same. 

Sec. 2. So soon as the Congress of the United States 
shall grant to this State the right to locate said town- 
ship of land upon other public lands, the Governor shall Governor to 
appoint one or more persons to locate said land, in small appf>"'t per- 
tracts, upon the best lands they can obtain, and in pi a- seminary '^*'* 
ces most likely to command purchasers immediately, lands, 
and who shall report the locations, so made by them, to 
the several registers of the land offices in whose districts 
the land so selected may lie, and to the Auditor, who 
shall immediately thereafter inform the Secretary of the 
Treasury, from time to time, of the number and descrip- 
tion of said lands so loca^^ed. And the Auditor shall,. ,. ,. 
as soon thereafter as possible, ffive public notice, in the du"t y *^'''^ 
newspaper printed bv the public printer of this state, that 
said lands, or such part as shall have been located, will be 
offered at public sale, by said Auditor of public accounts, 
at ^be state house in Vandalia, at such time as he shall 
appoint. Said notice shall be published three months, Noti<^.- 



172 



Improve- 
xnente. 



Pre-emption. 



Isalcs. 



Minimum 
nrice. 



SCHOOJL LANDS* 

successively, before the day of sale, and the said sale 
shall he conducted, and deeds made in all respects, as is 
required by the act lo which this is an amendment. 

Sec. 3. When persons may have improved any tract 
or tracts of said lar.d, before the same shall be located 
under the authority of this act, or M'here the same is 
held as assignee, vendee, or legal representative, such 
person or persons, si all have a right of pre-emption in 
the purchase of not more than one hundred and sixty 
acres, including his, her, or their improvement, at the 
price of one dollar and twenty-five cents per acre: Pro- 
zided^ that proof be furnished the Auditor of such im- 
provf^ment or claim, in the same manner as is required 
by the act to which this is an amendment: and provided, 
also, that such person or persons, sliall have, before the 
day of sale of such lands, paid into the State treasury 
the full f» mount of said land, at the price aforesaid: and 
where such payment is not made as aforesaid, the Audi- 
tor shall sell said land to the highest and best bidder. 

Sec. 4. When lands shall have regularly been offer- 
ed at public sale as aforesaid, and remain unsold, the 
same may be sold at private sale, in the same manner 
as provided in the act to which this is an amendment. 

Sec. 5. No lands shall be sold under this act, either 
by public or private sale, unless the same be sold at a 
price not less than one dollar and twenty-five cents per 
acre. This act to take effect from its passage. 

[Approved, Feb, 15, 1831.] 



SCHOOL LANDS. 



IN FORCE 

Feb. 15,1831. 



AN ACT TO AMEND AN ACT, ENTITLED " AN ACT Al^ 
THORIZING THE SALE OF SECTIONS NUMIJERED SIXTEEN, 
OR SUCH LAND AS MAY HE GRANTED IN LIEU THERE- 
OF TO THE INHABITANTS OF SUCH TQWNSHfPS, FOR 
THE USE OF SCHOOLS," APPROVED JAN. 22, 1829. 

Sec. 1. Be if enacted by the Peo^lf^. of the State of\ 
llinois^ represented in the General J^sembly, That '^he 
rst section of the act, entitled " an act authoriziog the 



SCHOOL LANDS. t'Jq 

sale of sections numbered sixteen, or such land as may 
be granted in lieu thereof to the inhabitants o^ such ^"g.j|g"j ''^*' 
townships, for the use of schools," approved January 22, 
1829; and so much of the second section of said act as 
makes it imperative for the county commissioners of each 
and every county to wait for a proclamation by the Go- 
vernor, before they shall appoint a commissioner or 
agent for the inhabitants of the county; and so much of 
the fifth section of said act as requires nine-tenths of the 
freeholders and householders of the township to petition 
before the land can be sold; and such other parts of the 
above recited act as are inconsistent with the provisions 
of this act; be, and the same arc hereby, repealed. 

Sec. 2. The county commissioners' court of each 
and every organized county snal!, at any regular term, 
proceed to select and appoint the commissioner for the County court 
County, and require bond, or bonds, as stipulated in the ^° appoint 
actto which this is an amendment; and hU other provi-^°"^'"'*^'°"^-' 
sions and stipulations in said act shall be carried into 
effect, sales made, and patents issued, as fully as if gov- 
ernment had assented to the sale, and the sales made as 
aforesaid, shall be valid: provided, that no land shalJ 
be sold unless petitioned for, as pointed cut in the act Land not to 
hereby amended, by three fourths of the white male in-l^®^°'l^ unless 
habitants in the township, orer twenty-one years of age: peSi'i?"'^ 
and provided, also, that no sale of such lands shall be 
made in any township, unless the same contains at least 
lifty white inhabitants. 

Sec. 3. Hereafter it sJiall be the duty of the coun/vp^„^f„ ^ , . 
commissuners' court, ot the several counties to appoint to appoint 
trustees in each township, as provided for by an act rela- *^"*^*^^-r 
ting to school lands, appioved February 17, 1827; and 
said trustees, when so appointed, shall be required to do 
and perform so much of the duties of trustees set forth. 
by that act as will be conducive to the advancement of 
common schools, in their township. And the said act is Their (futie.?. 
hereby revived and made to be in force hereafter, for 
the regulation of their proceedings, in all cases where 
the school lands have been, or may be hereafter leased- 
and said trustees shall perform all other duties required 
by this act: provided, that in no case shall said trustees 
lease out any school lands which have not heretofore 
been leased. 

Sec. 4. Whenever three fourths of the legal voters of 
the township shall petition the commissioner to sell /het.andstobe 
school landsln the township, the trustees shall proceed, ^'^'ued. 
previous to the lands being offered, to value each half 

Q 



J 74 



Maps to be 
inade. 



Corumissioner 
to keep book. 



How sales 
=hall he con- 
ducted. 



Leases to be 
respected . 



Claimant un- 
der lease to 
give notice. 



> SCHOOIi LANDS. 

quarter, or other smaller subdivision, if they shall deem it 
advatvtageous to sell in smaller quantities, and shall make 
out a map of the said school laiifJs,with the sever^il tracts 
marked and numbered thereon, as proposed by 'them to 
be offered, with a cei titled statement of the valuation, 
per acre, of each particular tract, and the number of 
acres contained therein, (assuming six hundred and forty 
for the contents of the section); which map and valua- 
tion shall be filed with the commissioner appointed for 
selling the land, who shall record the same in a book to 
be kept by him for that purpose: provided, that no tract 
shall be valued at a less price than one dollar and twenty- 
five cents per acre. 

Sec. 5. When any commissioner, appointed and 
qualified as required by law, shall receive the petition 
of three fourths of the le^al voters of any township, as 
provided for, and the map and valuation of the trustees, 
as required in the preceding section, he shall proceed in 
the same manner as required in the act, to which this is 
an amendment, except that the same shall be offered in 
tracts as designated on the map filed by the trustees; 
and no tract shall be sold unless the bid shall amount to 
the valuation thereof, as certified by the trustees; and 
in case that sum is not bid, it shall be noted down as not 
sold, and may be purchased thereafter, by any person, 
at the aforesaid valuation, and the purchaser, whether 
being the highest bidder, or otherwise, shall pay for the 
same in cash, at the time of making the purchase, and 
the commissioner shall proceed as now required by law. 

Sec. 6. In all cases where the inhabitants of any 
township petition the commissioner to sell their school 
lands, and there should be any legal holders of leases 
on any part of said land, that part shall remain un^ 
sold, unless the trustees can make a contract with 
such lessee to relinquishhis lease, not paying to ex- 
ceed one half the interest that would accrue from 
the amount that would be obtained from the sale of 
such land: and in all cases where any tract of land shall 
be advertised for sale by any commissioner, whereon 
there is a lease or any other incumbrance it shall be the 
duty of the claimant, previous to the day of sale, to de- 
liver to the commissioner, a statement of his claim, with 
a copy of the vouchers that entitle him to it; and if they 
are such as to give him any legal claim whatever, said I 
commissioner shall give notice thereof to the trustees, \ 
and if the claim is not removed previous to the day of 
sale, the same shall not be offered at that time. 



School lands. |iy^ 

Sec. 7. The county commissioners' courts of the 
several counties in this state, shall be aulliorlzed to es- Mone;^ to be 
tablish a rate of interest at which school funds shall he J^^';^"^^^ °"^^" 
loaned, and to make such rules and regaldtions for the 
safety and usefulness of the same in "their counties, as 
are necessary to cause a judicious and equitable distri- 
bution of the interest arising from the same; and the 
commissioner, at each regular term of said court, shall 
be required when making return as now required by 
law, also to make return of all his other transactions, 
specifying the bonds, notes, and all other obligations for 
money, or interest on money, or other property, that ho 
ma}'^ have received ; also a statement of all monies re- 
ceived, and the person or persons by whom the same 
was paid, and whether for interest, or principal, or 
purchase money; also of all monies paid or loan, 
ed out, and to w^hom the same was paid or loaned, 
and the rate of interest payable on each one; and he 
shall present to said court, annually, a statement of all 
interest paid to him, (keeping the accounts and funds of 
each township separate at all times,) and a summary 
statement of the manner proposed for the distribution 
thereof, and if approved by the court, they shall order 
the same to be paid to the treasurer of the several town- 
ships to which the same belongs. Commission? 

Sec. 8. Whenever any commissioner appointed to er resigning or 
sell school lands shall resign, refuse to act, or be succeed- ''^'"!\"»*^°^^^ 
ed by the appointment of another person, he shall imme-pjjpgj.J. • 
diately deliver over, to the clerk of the county commis- 
sioners' court of the county, all book, notes, bonds, and 
other papers, rppertaining to said oftice, and said clerk 
shall give him a receipt for them; and upon failure to 
peiform the same, when required so to do, l)y a notice 
from the commissioners' court, and served by the sherift, 
he shall be liable to indictment, and upon conviction, 
shall forfeit and pay a fine, not exceeding five hundred 
dollars, for the use of the county where such conviction 
is had, and be liable for all othei- penalties and forfeit 
ures incurred by any otlier neglect of his duty; and the 
clerk receiving such books and papers shall, as soon as 
the successor of said commissioner is qualified, deliver to 
him the books, and all other papers, and take his receipt 
for the same; and in case of the death of any person 

holding the office of commissioner, his executors or ad- ,'^y.^"i'i'^ *^' 
• • 1111 1111 tiecuaseci com 

ministrators shall be required to make the delivery of missioner to 

the books and papers as aforesaid, under the penalties give up papers 
above provided. 



J7g SCHOOL LANDS. 

Ilow money Sec. 9. Whenever the whole, or any part of the 
maybejoan- gchool lands of any township shall have been sold, and 
any five or more of the citizens of such township shall 
join in making application to the commissioner for a loan 
of the monies, or any portion of the monies, arising from 
such sale, not exceeding in any case, two hundred dol- 
lars, to any one association of citizens, for the exclusive 
purpose of erecting a school house in such township, 
ihey shall be enti led to such loan for a period not ex- 
ceeding ten years, at an interest of six per cent, per 
annum, payable yearly, upon their entering into bond, 
with good security, to be approved by said commissioner, 
in a penalty of double the amount of the loan, payable 
to said commissioner and his successors in office, for the 
use of the inhabitants of the township, conditioned that 
, the money so loaned, shall be faithfully and exclusively 

t "." ^1.,°?f applied to the erection of a erood substantial brick, stone 

r.ouieDUiit. li 111 . 1 1 J 

or frame school house in such township, to be completed 

within one year from the time of receiving the loan; 
and that on failure to complete such school house within 
one year, or or. failure to have a school kept in the same 
at least three months in each callendar year thereafter, 
or on failure to pay the interest annually, then the said 
borrowers shall repay the principal of said loan, to said 
Gommissioner or his successors in office: which bond 
shall be renewed every second year, and whenever the 
commissioner shall deem additional security necessary, 
he shailrequire the same to be given, and on failure of the 
borrowers to give such additional security, or on failure to 
renew their bond as required in this section, or on their 
failure to perform any of the stipulations in their bond, 
the said borrowers shall be required immediately to re- 
pay the loan, and on failure to do so, it shall be the du- 
ty of the commissioner, to sue for the same. 

{Approved, Fob, Idth, 1831.] 



SHAWNEETOWN. 

fN Force ^^ GRANTING CERTAIN POWERS TO THE TRUSTEED 

Jan. "22, i831. 

OF SHAWNEETOW^N. 

Sec 1. Be It enacted by the People of the State of Illi- 
nois, represented in the General Assembly', That the trus- 



SHERIFFS AND CORONERS. I^y^y 

tees of Shawneetown be, and they are hereby, authori- 
zed to organize a fire company of citizens of said town, J'^-^>' organize 
to take chargf^ of and keep in repair and exercise tlieir company. 
fire engine, hose, &c.: And said trustees may make such ,p 
bye-laws, with such penalties as they shall deem proper make rule?. 
and necessary to enforce order, punctuality and obedi- 
ence on occasion of exercises and fires, which penalties 
may be collected as other corporation fines and penal- 
ties are. And the officers and member.s of such fire Firemen ex- 
company, not exceeding thirty, shall for the time being <^mpt from ce.f 
be exempt from serving on juries, or in the militia, ex- *'*^'^ ^^^^^* 
cept in time of war. And the same rights and privile- 
ges as are herein granted, shall be, and are hereby, ex- 
tended to all incorporated towns and villages within this 
state. 

[Approved, Jan, 2Q, 1S31.] 



SHERIFFS iliVD CORONERS. 

AN ACT TO AMEND AN ACT ENTITLED, " AN ACT CON- , 

IN FORrE 
CERNING SHERIFFS AND CORONERS," APPROVED FEB. Feb. 7, 183l . 

12, 1827. 

Sec 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That so much Act requiring 
of the act, to which this is an amendment, as provides 'u^^^Lj^ i"" i 
that application shall be made to, and leave obtained rppealed. 
from, the circuit court, before an action can be brought 
and maintained on any sheriff's or coroner's official !»ond, 
for neglect or failure to pay over moneys collected by 
them, or either of them, by virtue of any execution, pro- 
cess, or fee-bill, to any person entitled to receive the 
same, or who shall wilfully neglect their official duty, be, 
and the same is hereby repealed. This act to take ef- 
fect from and after its passage. 

[Approved, Feb, 7th, 1831.] 



%^ 



178 

SHEMFFS AND CORONERS. 

In'Fouce ^^ ^'^^' CONCERNING SHERIFFS AND CORONERS. 

Jan. 5, 1831. 

Sec, 1. Be it enacted by the People of the State of 

Illinoi?^ represented in the General Assembly^ That when- 
Coroner to ^vor -he offioH of any coroner shnll have expired by the 
serve .aiiil hisro-stitut^oiial term of tr/o years, it shall be lawful for the 
succetsor be g^,yie perj^Oii, whether re-elected ov not, to continue to 
c^ua 1 et . perform rJl the dutie'? of coroner until his successor shall 

be commissioned and qualified. 

[Approved^ Jan 7, 1831.] 



STATE BANK. 

AN ACT PROVIDING FOR THE SETTLEMENT OF THE AG- 

InForcf, counts OF JAMES M. DUNCAN, LATE CASHIER OF THE 

Feb. I, 1831. ' 

STATE BANK. 

Sec. 1. Be it enacted by the People of the State of 
Illinois^ represented in the General Assembly^ That for 
the purpose of securing to the state her rights, and that 
strict justice be rendered to the late cashier of the state 
Auditors to bank, James M. Duncan, and in order that a speedy ad- 
settle acc'nts JQstmont may take place, the following: persons are here- 
of late cashier-]^ . j, ,.5 '. .^1 , Pjf T». u J T 
b}'- appointed auditors, viz.: Charles Dunn, Kichard J. 

Hamilton, and Mordecai Mobley, v/ho shall strictly ex- 
amine the books, records, entries, and accounts of said 
late cashier, and make an exhibit of the same in a sum- 
mary, concise and satisfactory manner; and when ascer- 
tained and made out, they shall make a report to the 
present General Assembly. 

Sec ''/, Said auditors are hereby authorized and 
rheir powers, empowered to make all reasonable allowances for con- 
tingent and other expenses, which are justified by, and 
within the spirit and meaning of, any law concerning 
said cashier and state bank, giving him credit for all ac- 
counts and charges which can be allowed upon legal 
and equitable principles; and the settlement being so 
made shall be final and conclusive, binding on the state 



STATE BAKK. 



1T9 



and the said cashier: Provided^ that said settlement shall 
not be final until it is submitted and approved by this 
General Assembly; And provided^ aho^ the sa.d auditors 
shall not allow the said late cashier any salary for servi- 
ces since the first day of March, 1829; And provided fur- 
ther^ that the said late cashier s.all first in writing ad- 
dressed to the auditors, and signed by his hand, agfree 
to the settlement, which agreement shall be reported by 
the auditors to this General Assembly. 

Sec. 3. So soon as the examination shall be closed 
and the settlement made by the ''aid auditors, and ap-yf"aJ[Jca"hi^f 
proved and confirmed by this General As<^emf)lv, the 
said late cashier shall immediately deliver over to the 
state treasurer all the books, papers, notes, accounts, 
money, bank notes, auditor's warrants, and other prop- 
erty, appertaining to the said bank, and all monies de- 
posited by said treasurer in said bank, and not heretofore 
drawn out by him; and the said treasurer shall give the 
said late cashier a special and secure receipt for the 
same: Provided^ that the securities of the said late cashier 
shall in no wise be consideied as discharged from their 
li&bility as such until every thing required of said cash- 
ier by the settlement and report of the said auditors, as 
approved by the General Assemblv, shall be fully per- 
formed by him: And provided^ further^ that nothing in Sureties no 
this act contained shall be so construed as to affect in released, 
any manner any suit or suits instituted against the said 
late cashier for an alleged default until all the books, 
papers, notes, accounts, monies, bank notes, auditor^« 
warrants, and other property, as aforesaid, shall be de- 
livered over to the state treasurer. 

[Approved^ Feb. I, 1831.] 



\N ACT TO AMEND AN ACT, ENTITLED "AN ACT TO f ROVIDE 

FOR THE SETTLEMENT OP THE ACCOUNTS OF THE LATE p^^^ j^ j^3j. 
CASHIER OF THE STATE BANK, JAMES M. DUNCAN. 

Be it enacted hy the People of the State of Illinois^ rep- 
resented in the General Assembly^ That the auditors ap- 
pointed by the act, to wliich this is an amendment, are 



•I OQ STATE BANK. 

Auditors to hereby authorised and required to retain in their posses- 
retain books, gj^j^ ^Y\e books, papers and accounts of the State bank, 
until they have made a full and complete investigation 
of the affairs of said bank, and until they have fully and 
completely ascertained, as far as practicable, the debts 
and credits between the State and the late cashier, 
James M. Dunca?:; and after the same has been done, 
To deliver the said auditors shall deposit the books, papers and ac- 
books to Au- counts of the State bank, now in their possession, in the 
accounts. of&ce and under the care of the Auditor of public ac- 
counts; and shall also deposit in the hands of the said 
Auditor, the result of their investigation in writing, sign- 
ed by their hands, which shall contain a full and perfect 
To report. account of the situation of the institution of the State 
bank, so far as the same may be collected from said 
books, and also a full account of the state of the debets 
and credits between the State and the said James M . 
Duncan. 

Approved, I5th Feb. 1831, 



In FORCE AN ACT TO PROVIDE FOR BURNING THE NOTES OF THE 

Fbb. 1,1831. 

' STATE BANK OF ILLINOIS. 

Sec. 1. Be it enacted by the People of the State of tlli- 
rp , ?iozs. represented in the General Assembly^ That on the 

ney, Feb. 12 twelfth day of February, 1831, between the hours often 
1831. and two o'clock, the Governor, Auditor of Public Ac- 

counts, Secretary of State, and Treasurer, or a majority 
of them, (the Treasurer always being one,) shall pro- 
ceed to count and burn all the State papei that shall be 
\\\ the Treasury at that time, whether the same belong 
to the Treasury or the State baak. And they shall, in 
like manner, within ten days after the expiration of each 
Seend"of* quarter, proceed to count and burn all the State paper 
each quarter, that may be in the treasury, or bank at the end of such 
quarter. And the Governor, Auditor, Secretary of 
State, and Treasurer, or a majority of them, (the Trea- 
surer always being one,) shall make duplicate certifi- 
AmH to be cates of the amount so counted and burned by them, one 
certified. of which certificate shall be filed in the Treasurer's of- 



STATE BANK. 

fice, and the other in the office of the Auditor of public 
accounts: and the Auditor and Treasurer shall respec- 
tively, make an entry of the same upon their books. 
The fourth section of an act, entitled "An act aut- ori- 
sing the commissioners of the school and seminary fund 
to loan the same to the State," is hereby repealed. 

^j^pprovcd, Feb. 1, 1881. J 



181 



AN ACT TO PROVIDE FOR FUNDING THE PAPER OP THE In FORCE 

STATE BANK OF ILLINOIS. ^®^- ^^' l^"^'* 

Sec. 1. Be it enacted by the People of thp. State of 
Illinois, represented in the General Asseinbly, That when- 
ever any holder or holders of paper of the State bank of banner of 
Illinois, or its branches, shall present the same at the "^' 
treasury for pa\ ment, and there shall not be disposable 
funds in the treasury to redeem the same, if such person 
or persons shall desire to have such paper funded ac- 
cording to the provisions of this act, it shall be the duty 
of said Treasurer to receive said paper, and to issue to 
such person or persons presenting the same, certificates Certificates o'f 
of stock, signed and registered by the Treasurer, and stock, 
countersigned and registered by the Auditor, bearing 
interest at the rate of six per cent per annum, which in- 
terest shall be payable at the State Treasury, on the 
first Mondays of January and June, or at any time 
thereafter, in each year; which stock shall be transfer- Transfers of 
rable on the books of the Auditor and Treasurer by the^*^<^^- 
holders of the same, or their agents, and shall be re- 
deemable at the pleasure of the State: Provided, that 
notice of the intention of the State to redeem the same Redemption 
shall previously be given by the Treasurer, by an adver- '^ ^ ^^ - 
tisement published three successive weeks in the news- 
paper published by Ae public printer, the last of which 
publications shall be two months previou* ip the time 
appointed for redeeming said stock. 

Sec. 2. The stock first issued shall be first redeema- Stock first i*- 
ble, and the Treasurer shall specify in his advertisement ^"^^^ *° ^^ ^'"^^ 
the amount which the state will be prepared to redeem 
at the time to be mentioned in such advertisement, de- 
signating the stock then to be redeemed by the numbers 



jgO STATE BANK. 

and dates of the certificates; and from and after the day 

appointed for redeeming the said certificates of stock, 

the same shall cease to bear interest. 

Stock receiv- Sec. 3. Such stock shall always be receivable at the 

able for pub- State Treasury, in payment of debts or taxes payable 

'- <'*'^- to the State. 

State paper ^Ec. 4. All State paper which shall be received in- 
to be burned, to the treasury under the provisions of this act, shall be 
burned, as provided by law in other cases. 

Sec. 5. ff at any time there shall be in the treasu- 
f "ndsT Te^^^ ^^ of the State a surplus of specie funds, above what 
applied to re- will be necessary to defray the current expenses of the 
deem stock, government, for six months from such time, the Trea- 
surer shall be authorised to apply such surplus to the re- 
demption of the paper of the State bank, and its branch- 
es, or to the redemption of the stock authorised by this 
act. 

Sec. 6. The sums payable out of the State Treasury 
to the several counties on the Military tract, in lieu of 
their resident land taxes, shall hereafter be paid in specie 
or notes of the bank of the United States and branches. 

[Approved, Feb. 15, 1831.] 



AN ACT AMENDING AN ACT, SUPPLE3IENTAL TO AN ACT \ 

ESTABLISHING THE ST\TE B4NK OF ILLINOIS, APPRO- J 

Ii«T.«t,,.r. VED JAN. 23, 1829, AND FOR FINALLY CLOSING THE I 

IN FORCIS .77 . 

Feb. S5, 1831. AFFAIRS OF THE STATE BANK OF ILLINOIS AND BRAN- | 
CHES. 

Sec. 1. Be it enacted hy the People of the State of llli- 

Bank debtors fiois^ represented in the Geuerol Assembly ^ That all per- - 

for^thea-"''^^sons indebted to the state bank of Illinois or any of its 

mount, paya- branches, by default, at this timeJfcashiers and collect- 

ble in May, ors excepted Jand all those who di^ot avail themselves 

^^^'^' of the proviJions of the act to*wfnch this" is "an amend-i 

ment, shall be allowed to pay such debt on or before 

the first day of May, 1832, by executing to the said bank 

a note' for the amount due, with such security as the 

cashier shall approve, on the recommendation of the 

elerk and sheriff of the county in which such debtor re- 



1 



STATE BANK. 



183 



aides, to be signed by the security as principal, and be 
liable as such, and as near as may be in the following 
form: ''On or before the first day of May, 183r?, we, or 
either of us promise to pay to the president and direct- 
ors of the state bank of Illinois, for the use of the peo- 
ple of the state, the sum of dollars, with interest 

fiom the date, for value received:" Provided^ if such note 
be paid on or before the day it becomes due, said inte- ^^ P?"^*"^^^^. 
rest shall be remitted, but if not punctually paid, the r^^it eJjf ^ 
same shall be charged and collected : Provided^ when Cu«ts to be 
suits may be pending, or judgments already recovered, ^!^^ P^^^- 
the costs shall be first paid. When there is a mortgage, not^o^be af- 
the same shall J>ot be in anywise affected or impaired by fected by thfe 
this act, or the proceedings under it: and there shall be^^*- 
allowed to all bank debtors, coming within the provis-t^^^^aTtTo be 
ions of this act, until the 21st day of November, 1831, com-.lied with 
to comply with the foregoing provisions. before 21 Nov 

Sec. "2. The provisions of the third section of the Provisions of 
act, to which this is an amendment, are hereby extended foi"^er act ex- 
to all those coming within the provisions of it, until the 
20th day of November, 1831. Any person indebted to if fuH pay- 
the state bank, or branches^ who shall make full and ment be made 
complete payment of any note or notes, mortgage ^rft^^^'j 1,^*1 
moi tgages, on or before the first day of December, 1831,io^e(] anfj" 
shall be released and discharged from all interest, and be int. remit- 
allowed six per cent, discount on the principal; and any *^^ 
person who shall make full and complete payment, of, ^ 
all debts due from him 'o the state bank, on or before May l832*int. 
the first day of May, 1832, shall be released and dis- remitted, 
charged from all interest: Provided^ that none of the Proviso, 
foregoing privileges shall extend to the purchasers of 
property from the state bank, on account of such pur- 
chase money. ^ 

Sec. 3. The several duties imposed upon the cash- Duties of 
iers of the state bank, and its branches, by the act to cashiers-, 
which this is an amendment, are required of them un- 
der the provisions of this act, until herein otherwise pro- 
vided for. 

Sec. 4. The cashiers of the several branch banks Cashiers to 
shall, on or before the 4th day of July, 1832, deliver f^^l^^Ttor. be- 
over to the y^ttorney General, and states' attorneys offorrJuly 4, 
the proper judicial circuit, all notes, mortgages, and J ^32, all notes 
claims of the bank, on all persons residing within their ^g^g-pj^Q^^ 
several respective districts, taking the receipt of said same. 
Attorney General, or states' attorney, for whatever may .. ■ f* u 
be so delivered ; which receipt, together with all money, delivered to 
books and other property belonging to the bank, such treasurer. 



184 



STATE BANK. 



Cashiers to 
post and bal- 
ance their 
books. 



State treasur- 
er to post &c. 
books of prin- 
oipal baukr 



deliver notes 
&c. to states' 
attorney, 

and make 
report to the 
Legislature. 

Salaries of 
cashiers. 

Books &c. to 
b*' delivered 
to principal 
bank. 



cashier shall deliver over to the treasurer. And it shall 
be the duty of the cashiers of the different branch banks, 
to have their books completely brought up, posted, and 
balanced, and the corresponding vouchers filed and num- 
bered in regular order, so that a fair and complete state- 
ment can be effected without further trouble than to in- 
spect and examine the correctness of the same, which 
the president and directors shall examine and determine. 
The state treasurer shall perform the like duty of post- 
ing and balancing the books of the principal bank, and 
filing and numbering the corresponding vouchers, and 
place in the hands of the attorney for collection, in the 
same way as is required of the branch cashiers, and have 
all laid before the next General Assembly. 

Sec. 5. The cashiers of the several branch banks 

shall hiere-cifter receive the sum of two hundred and fifty 

dollars, and no more, for their respective salaries; and 

they shall deliver over to the principal bank all books 

and papers, as required in the 4th section of this act, on 

or before the first Monday in December, 1832, at which 

time the office of cashier shall expire. After which 

. . time the Attorney General and states' attorneys shall 

theoffice°o"f ^ effect the sale of all bank property, as is required in the 

cashier. 4th section of the act to which this is an amendment, (or 

shall cause the sheriffs of the different counties to do 

States' attor- ^^^ ^^^^^^^ ^^^ ^^^jj execute all deeds in behalf of the 

bark, as is now required of the cashiers, and the same 
shall be good and valid as though they had been execut- 
ed by the cashiers. And the Attorney General and 
states' attorneys, are authorized to receive payment of 
the notes due the bank, as is provided in the foregomg 
sections. 

Sec. 6. Any person who may be indebted to tbe 
If monies be state bank of Ilhnois, or branches, on account of proper- 
paid before ^v sold by the bank, shall be entitled to a discoun, at the 
the time lim- . /• •' . , n • -j i, 

lte(] for Q rate of SIX percent, per annum, on all monies paid by 

eriy'soldby such debtor prior to the same becoming due, and may 
* n^ ^^^'^' ^^^' pay the same to the state treasurer, and take his receipt 
for the sum so paid; and upon exhibiting such receipt to 
the clerk of the court where such bond is filed, agree- 
able to the act to which this is an amendment, said clerk 
shall endorse the amount so receipted for, together with 
the amount of interest so allowed, as a credit to the debt- 
or on said bond. 

Sec. 7. The cashiers shall proceed In effecting col- 
lections of money due the bank, and discharging a]) the 
duties imposed on them by the several acts of this state. 



ney to sell 
bank proper- 

and execute 
deeds, 
and receive 
the amount 
of notes &c. 



allowed. 



and amount 
endorsed. 



STATE HOUSE. 135 

And it shall be the further duty of the cashier of the ^^^^J^^ 
Brownsville branch bank to sell the banking house in B^Jo^nsville 
Brownsville in the same manner, and under the same to be sold, 
conditions and provisions, that other bank propeity was 
heretofore required to be sold. 

Sec. 8. The casiiier of the branch of the state bank ^"p^r^gg^^J"" 
at Shawneetown be, and he is hereby, required to allow g'g a credit on 
to John Forrester, as a credit on a judgment which said a judgment, 
bank has obtained against him in the Gallatin circuit 
court, the sum of two hundred and fifty-six dollars, that , 

sum being the amount which the land of said Forrester 
brought at the time it was sold by the cashier of said 
bank, over and above the price for which the same land 
was struck off to said bank under an execution issued on 
the above named judgment. 

Sec. 9. If said Forrester shall, on or before the first And if full 
day of September, 1831, make full and complete pay- payment be 
ment of the principal of the wTiting obligatory uDon[f^'|^ '^y ^^- 
which said judgment was obtained in favor of said bank, interest re- 
he shall be released from all interest accrued thereon: mitted. 
Provided^ the said Forrester shall, by the day aforesaid, or Costs. 
at the time of making full and complete payment as 
aforesaid, pay all costs which he is bound by the judg- 
ment aforesaid, to pay to the bank. 

Sec. 10. If William L. May shall, on or before the Interest and 
first day of March, 1831, make payment of a note of discount al- 
seventy dollars, executed by himself and Robert Pogue, jj^.^^^-^ f' 
to the President and Directors of the state bank of Illi- paidby 1st. oT 
nois, he shall be released from all interest accrued there- March, 
on, and six per cent, of the principal. 

[Approved, Feb.l5, 1831.J 



AN ACT PROVIDING FOR THE REPAIR OF THE STATU j^ Poi^Oj. 

HOUSE. Feb. 16, 1831 

Sec. 1. Be it enacted by the People of the State of 
Illinois, reoresented in the General Assembly, That the 

li 



Igg STATE TREASURER. 

Commission- auditor of public accounts, state treasurer, secretary of 
sta^hoSsl' state, James Hall, James Whitlock, and John D. Gerin, 
be, and they are hereby appointed, commissioners to su- 
perintend the repair of the State-house, in such manner 
as to accommodate the next General Assembly of this 
state. 

Sec. 2. Said commissioners, or a majority thereof, 
shall, after public notice given in two or more public 
newspapers in this state, for six successive weeks, let out 
Their duties, the repair of said house to the lowest bidder, taking 
bond and good security for the faithful performance of 
the coi'ditions of the contract. Said commissioners, or a 
majority of them, shall have power to determine what 
repairs are nece sary. 

Sec. 3. Said commissioners shall have power to pre- 
scribe the conditions of the bond given by the under- 
taker, or undertakers, for the repair of said house. — 
When the work shall be completed according to the 
Their powers. ^gj.i^g^ and in the manner prescribed in the b; rd, the 
said commissioners, or a majority thereof, (excluding the 
To certify auditor) shall certify the same to the said auditor, under 
completion of ^j^^jj, hands and seals, who shall thereupon issue his war- 
Auditor. ^^^^ o^^ the treasury for the amount of the contract: 
Provided, the sum so expended by the said commission- 
Limitation, ers, under the authority of this act, shall be applied to 
repairing the present state-house, and shall not exceed 
five hundred dollars : a report whereof said commission- 
ers are required to make to the next General Assembly. 
Nocompensa- ^^c, 4. The commissioners shall perform the duties 
tion. herein required of them, without compensation. 

[Approved, Feb. 16, 1831.] 



Lv FORCE AN ACT CONCERNING THE STATE TREASURER.. 

Jan. 11,183JL 

Be it mncied by the People of the State of Illinois^ represent- 
ed in the General Assembly, That hereafter each and every 



SUPREME COURT. j g ly 

state treasurer shall give bond, and a a duplicate bond with State treasur- 
good and sufficient securities, in the sum of fifty thousand f,ond^\][^ 
dollars, with a clause insert^id that if at any timethereafter ^50,000^. 
additional security be required, the same shall be given; 
the necessity of which additional bond and duplicate 
bond shall be left to the Governor. Each and every 
bond, and duplicate hereby required, when made out 
and signed, shall be presented to the Governor and 
judges of the Supreme court, for inspection and ap-,p^. 
proval, and if approved of by the Governor and judges, etl by Gover- 
orby the Governor and any two of the judges, the orig- nor an.l jiulg- 
inal shell be deposited in the office of the Secretary offt'^j^i"^'^^^»;^t'.; 
state, and the duplicate copy in the office of the Auditor ry's office. 
of Public Accounts. Said bond or bonds and duplicates 
shall, in all other respects, be drawn as required by the 
law. So much of the law now in force, as requires the 
treasurer to give bond in the sum of twenty thousand Former pro- 
dollars, and that the Governor alone shall approve the vision repeal- 
bond, is hereby repealed: Provided^ however, that when^^' 
a vacancy shall happen in the office of treasurer, either 
by death, resignation, or otherwise, the Governor, Lieu- 
tenant Governor, and \uditor of Public Accou-jls, shall 
approve of the sufficiency of the security. This act to ^'^'^^^^''' 
take effect from and after its passage. 

Approved^ Jan* \\^ 1831.] 



SUPREME COURT. 

AN ACT REGULATING THE OFFICE OF CLERK OF THE . 

IN FORCE 

SUPREME COURT. ^^' 15, 1834,. 

Sec. I. Be, it enacted hy the People of the State of 
jUinois, represented in the General Assfmbli/, That the su- 
preme court, or a Tnaioritv thereof, shall have power to^"^'*^™^^'^"''^ 

1 , /. • . , , r- 1 , /• 1 J • "i«i V remove 

remove any clerk of said court, for neglect of duty, in-ojefk, forcer- 
competency to perform the duties of bis office, or for any tain causes. 
malconduct in office of which he may be guilty, or for 



rne% SUPREME COURT. 



any other cause which shall he satisfactory to said courts 
or a majority thereof: Provided, that the cause of the 
removal of said clerk shall be expressed on the records 
of the court. 
Chief Justice ^^c. 2. The chief justice of the supreme court is 
to perform hereby required to ascertain from the clerk of said court, 
certain duties ^j^^. manner, and for what purposes, he has expended the 
sums of money appropriated for furniture for the court 
room, paper and stationary for his office; and if the same 
has not been expended in pursuance of law, or the mo- 
ney drawn therefor by said clerk refunded without de- 
lay, the said court, or a majority thereof, are hereby 
authorized and required to remove said clerk from Dfhce* 

[Approved, Feb, Uth, 1831.] 



AN ACT TO AUTHORIZE THE GOVERNOR OP THIS STATE , 

Ik Force 1 

Fj5B. 14 1831. TO SUBSCRIBE FOR A CERTAIN WORK THEREIN NA- 
MED. 

Sec. 1. Beit enacted by the People of the State of ^ 
Illinois, represented m the General Assembly, That the 
Governor to Governor of this state be, and and he is herehy, author- 
subscribe for ized and required to subscribe for one hundred and fifty 
reports. copies of a work about to be published by Sidney Breese, 

Esquire, entitled "Reports of cases determined in the : 
supreme court of the state of Illinois, from its first organ- 
ization to the end of the December term, 1830," for the 
/ use of the people of the state of Illinois. 

Sec. 2. Whenever the said books shall be delivered, 
well bound in leather, neatly executed, and on good pa- 
per, at the office of the Secretary of State of this state, 
he shall give to the said Sidney Breese a certificate 
thereof, and upon the same being presented to the Au- 
ditor of Public Accounts of this state, he is hereby re- 
quired to issue his warrant on the treasury of this state, 
IQ favor of said Sidney Breese, for so much as the num- 



SUPREME COURT. Iqq 

ber of books, so delivered and specified in said certifi- Compensa- 
cate, not exceeding one hundred and fifty copies, shall ^^°'^ ^° '"^P^^*" 
amount to, at three dollars per copy: provided^ the judg- 
es of the supreme court of this state shall give a written 
certificate, to be added in said book, that the reports 
cited in the same have been correctly taken and report- 
ed. 

Sec. 3. The Governor shall immediately after deliv- 
ering of said books, as aforesaid, or so soon thereafter as 
practicable, cause them to be distributed in the follow- [J?j]^J°J'®*^^^' 
ing manner, to wit: one to the clerk of the circuit court in 
each county in this state which is, or may be hereafter, 
formed, to be by him kept, and delivered over when a 
change of officers takes place in that office, in the s?rae 
manner as the records and proceedings are delivered over-, 
and if any of the aforesaid clerks shall wilfully, or through 
negligenc'"', suffer the same to be, lost, destroyed or re- 
moved, he shall forfeit the sum of fifteen dollars, to be 
recovered before any justice of the peace, for the use of 
the state: one copf to the executive of each state in the 
Union: five copies to the executive of the United States: 
one copy to each of the judges of this state that are, 
or hereafter may be, created : one to the attorney gene- 
ral, and each state's attorney: and one to the auditor 
and treasurer: the remainder to be placed in the office 
of secretary of state, for the use of tlie state. 

[Approved, Feb, Uth, 1831.f 



WATER CRAFT, ESTRAYS, &C. 

AN ACT TO AMEND AN ACT, ENTITLED, "an ACT CONCERN*. 

INa WATER CRAFT FOUND ADRIFT, LOST GOODS, AND JUNE. 1, 1831. 
ESTRAY ANIMALS," APPROVED JAN. 10, 1827. 

Sec. 1. Be it enacted hy the People of the State of 
Illinois, represented in the. General A'^ffcmbly, Tliat any 
person, being a householder, who shall take up any head 

R2 



190 



WATER CRAFT, ESTRAYS, &€. 



Proceedings 
inc's-e of ta 
kin^ U-; es- 
trayp. 



Oath. 



Appraiser, 
meat?. 



of cattle, sheep, hog, 'or goat, shall advertise the same 
as is now required by law, and if no owner appears to 
claim his, her, or t!ieir property, within ten days, the 
taker up shall go Veiore some justice of the peace, of the 
proper county, ai'd make oath, as is required in taking 
up an estray horse; whereupon, such justice shall take 
from such taker up, upon oath, a particular description 
of the marks, hrands, colour, and age of sucli estray; 
then said justice ^hall also cause such estray or estrnys, 
to be appraised, in like manner as is required to be dope 
in the case of an estray horse, and if the valne does rot 
exceed the sum of five dollars, no furlhcr proceedings 
need be, had, than for the justice to enter the same in 
his estray book, for which the justice shall be enMtled 
Justice's fee. to a fee of twenty -five cents, and when so posted and 
entered, the right, after the expiration of six months, 
shall vest absolutely in the taker up: But, he shall be ac- 
countable for, and pay to each owner, the appraised value 
of such aninral, after deducting all lawful charge? inci- 
. dent to taking up and posting such estray or estrays. 
And if the appraisement of any estray or estrays, shall 
exceed five, and does not exceed ten dollars, the right 
therein §hall he vested in the taker up, by his paying 
into the coui>ty treasury the appraised value thereof, at 
the expiration of six m.onths, after the same shall be ad- 
vertised. 

Sec. 2. if any person, after having taken up any es- 
tray animal, shall not deliver such estray to the sheriff. 
Persons viola- ^Q ]^q ^^l^i .^^ preseribed by the act to which this is an 
amendment, within one year from the time of taking up 
the same, then it shall be lawful for the county commis- 
sioners' court of the proper county, 1o summon such 
taker-^ up to appear before said court, and shew cause 
why judgment ^hall not be entered against him, or 
her: and upon hearing and examining the case, the 
eourt may proceed to enter up a judgment thereon, 
according to the testimony adduced, and agreeably to 
equity and justice: and the clerk of said court may is- 
sue execution thereon, returnable as in cases of execu- 
tion issued by the clerk of the circuit court: Provided, 
-that such judgment shall in no case exceed t^e amount 
at wliich such estray was appraised at the tim.e of ta- 
king up,with twenty per cent, damages thereon. 

Sec. 3. Whenever ar-v estray animal shall be sold 

Siieriff's duty by the sheriff, it shall be his duty, within ten days 

thereafter, to make return to the clerk of the county 

commissioners' court of the description of the estray. 



ting estray 
lav 



in selling 
estravs. 



WILLS. -IQ-i 

the name of the taker up, the name of the purchaser, 
and the amount for which it was sold. 

Se", 4. No person shall be liable to a fine under the 
prcvisioris ot the iotn section of the act to which this is Fines limited. 
ap rtrnendment, to a-*gi'eater amount ti^an the v^lue of 
the prf»perty so found, hut suall he subjected b} this act to 
the paj moMit of all damages sustained by any indindual, 
in conseouence of his failure to comply w\ih the rocjuisi- 
tions of the act to which this is an ame^dmont, recover- 
able before any court having jurisdictioFi of the same. 

Sec. 5. The mt oi January 2*2, 1829^ entitled "An 
act to amend m, act, entitled An act concerning v/ater 
crafi found adrift, lost goods, and estray animals,"' appro- ^^^^^^^P^^l^d 
ved January 10, 1^27, and so mud) of the icf, to which 
this is an amendment, as is repugoait to the provisions 
of this act, are liereby repealed; But^ rights acquired, 
and liabilities incurred, under the act hereby repealed, 
are not etfccied or impaired by this act. This act shall 
take effect on the first day of June ixext. 

[Approved, Feb. 14, 1831.] 



z*- 



WILLS. 

AN ACT TO AMEND AN ACT, ENTITLED " AN ACT RELA- 
TIVE TO WILLS AND TESTAMENTS, EXECUTORS AND AD- ^^ FORCE 

„ Feb. 14, 183L 

MINISTRATORS, AND THE SETTLEMENT OF ESTATES. ', 

Sec. 1. Be it enactcH by the People of the State of 
lllraois^ represented in the General Assembly^ That Judges -^A-^y 
of Probate shall have jurlsdictioii, concurrently with the^f ju(js;esof 
Circuit Courts, in all cases, without regard to the amount probate ex- 
in controversy, when an executor or administrator is amended, 
party defendant, and when he mn;-t Tiecessarily be sued 
as such. And when a claim shall be filed, or suit 
brcu.ojht, against any such executor qy administrator, and 
it shall appear on trial that ruc/n claimant, or plaintiff, is 
indebted to such executor or administrator, it shall be 
lawful foi'such judge of probate to give judgment there- 



193 wiLiiS. 

for, and issue an execution, or any other final process 
which the circiiit court nnight issue in Uke cases. And 
the said court ^liall have power, before giving judgment 
against any executor or administrator, to require the 
claimant to make oath that such claim is just and un- 
paid: Provided^ tliat the amoimt of such judgment shall 
not be increased upon the testimony of the claimant. 
Sec. 2. Executors and administrators may sue he- 
Exe'rs and fore the judge of probate, in all cases in which the ac- 
suebefore^ tion of debt or assumpsit will lie, for all sums, demands, 
judge of pro- or damages, due, or claimed to be due, to their testator 
bate. intestate, or to themselves in their representative capa- 

city, when the balance claimed to be due does not ex- 
ceed one hundred dollars; and the said judge of pro- 
bate shall proceed, in such cases, in the same mode, and 
shall have the same powers and fees, as justices of the 
peace. 

Sec. 3. The judges of probate shall make, keep and 
Judges of pro- preserve complete records of all wills, testaftients and 
bate to keep codicils, and the probate thereof, all letters, testamenta- 
records. j.^ ^^^ ^^ administration, and all bonds taken of execu- 

File papers. ^^^^ ^^ administrators, and shall file and preserve the 
originals of the aforesiad papers, and all inventories, ap- 
praisements, sale bills, and other exhibits, presented to 
and received by said courts, appertaining to the adminis- 
• tration and settlements of estates: And shall ent*^r on 
their order book (he amount of all such inventories^ 
appraisements, sale bills, and other exhibits, under c* 
proper heading for easy reference: And shall enter up- 
on their book of record all matters, controversies and 
suits, that shall arise for decision or adjudication before 
them, with the names of the parties, and the judgment 
or opinion of the court, in order that there may be no 
difficulty in taking appeals. 
May issue Sec. 4. The judges of probate shall have power to 

process. issue all process necessary to enforce the judgments and 

decrees of said court, which process shall be directed to 
the sheriff or to any constable of the county. And any 
Sheriffs and sheriff or constable, to whom such process shall be di- 
♦oustables to rec^gd, is hereby authorised and required, to execute 
* the same, and they shall be entitled to the same fees as 
are allowed for serving like process issued by a justice 
of the peace. 

Widows re- ^^^* ^* ^'^'^hen an inventory shall have been made! 
linquishment. of the personal ert^te of any testator or intestate, the] 
widow may relinquish her right to any or all of the spe- 
cific articles of property allowed to her by. the forty- 



193 

lourtli section of the act to which this is an amendment 
and take in iieu thereof other personal property, not 
to exceed in value the article or articles relinquished. 

Sec. 6. No suit shall be brought against anj execu- 
tor or administrator, for or on account of any claim or Suits against 
demand against the testator or intestate, unless such^^'s^adm's. 
suit shall be brought within one year next after such 
executor or administrator shall have settled his accounts 
with the court of probate. 

Sec. 7. The sixty-sixth section of the act to which this clause re. 
is an amendment, and such other parts of said act as are pealed .. ' 
contrary to this act, are hereby repealed. 

i^P2>roved, Feb. Uth, 1831 J 



^J^ 



OF THE 



AUDITOR AND TREASURER, 



TO THE 



©la^iaiBAa. aS'^^diioilii. 



DECE3IBER, 1830. 



AUDITOR'S REPORT. 



SIR: 



State of Illinois, Auditor's Office, ^ 
Vandalia, December 11, 1830. ^ 



The Auditor of Public Accounts has the honor of submitting 
to the General Assembly of the State of Illinois, the enclosed state- 
ments, numbered l,.'i, 3, and 4, containing a concise account of 
the Receipts and Expenditures at (he Treasury, during the two 
preceding years, ending with the last day of November, 1830. 
I am, Sir, 

Very respectfully, 

Your obedient servant, 

E. C. BERRY, Auditor, 
The Hon. 

Speaker of the House of Representative^, 



196 



REPORT. 
NO. 1. 



Total amount of Receipts and Expenditures at the Treasury^ from the 
30^A day of November^ 1828, to the \st day of December^ 1830. 

Dolls, — etc. 



On what account received. 



Amount remaining in the Treasury on the 
30th Nov. 1828, - . .- . 

Amount received from non-residents, from 
the 30th Nov. 1828, to the 1st Dec. 1830, 

Amount received from the Ohio Saline, du- 
ring the same time, - - _ 

Amount received from the sales of Vandalia 
Lots, during the same time, 

Amount received from Sheriffs, during the 
same time, - _ . . . 

Amount received from the sales of Semina- 
ry Lands, 

Amount received from the sales of the Gal- 
latin Saline Lands, . . . 

Amount paid into the Treasury hy the Com- 
missioners of the school fund, 

Amount received from .\. Field, late Treas- 
urer, and his securities, 

From this sum deduct the amount of audit- 
ed warrants, paid at the Treasury from 
30th Nov. 1828, to 1st Dec. 1830, 

Also, deduct the am.ount of Interest paid on 
state paper, during same time, 

Also, deduct the amount of money refunded 
on lands redeemed, &c., during the same 
time, - - - - - 

Leaving a balance in the Treasury, on the 
1st day of December, 1830, of 

Amount of outstanding warrants on the 1st 
day of Dec. 1830, 

To which, add the amount of the school 
fund warrant against the Treasury, 



Dolls. — cts. 



7,319 8G 
70,396 16 
2,787 43 
2,866 6 
3,048 72 
20,756 67 
2,546 04 
1,230 51 
5,500 06 



1 116,452 12 



77,411 72 

3,847 55 

2,788 53 



From this sum deduct the amount of money 
lemainiug in the treasury on the 1st Dec. 
1830, 

Leaving a balance against the Treasury, on 
1st December, 1830, of 

Amount of audited warrants drawn upon' 



11,516 38 

28,283 80 



84,047 80 
32,404 32 

39,800 18 
32,404 32 



REPORTS. 



197 



the Treasury from the 30th Nov. 1838, 
to the 1st Dec, 1830, for the current ex- 
penses of the government, and charged 
to the following accounts, viz.: 
The General Assemhlj^, session of '28 — '29, 
Special appropriations, ~ . . 

Contingent fund, 

The Judiciary, - - - - - 
Postage Account, 

Appropriations for wolves, - - - 
The Governor, - - - - 
Attorney General, . - , . 
The Treasurer, ----- 
The Auditor and clerks, 
Secretary ©f State, .. - - _ 
The Militia, .-.-.. 

Bridges, - - - ^ . - 

Roads, 

Agent of the Ohio Saline, - - . 
Judgments for Lots in Perryville, 
Incidental expenses, - - - - 
Town of Vandalia, for surveying lots, &c. 
The Penitentiary, 

The Kaskaskia River, ^ - . 

Circuit Attornies, . - - > 

To the Counties on the Military Tract, 
The State House, _ - - - 



NO. 2. 

A Statement of Specie Receipts and expenditures at the Treasury, 
from the SOth JVovember, 1 828, to the 1st. day of December. 1 830. 



Dolls. — cts. 


Dolls, — cts. 


16,984 07 




9,583 92 




3,083 34 




9,676 31 




229 21 




32 21 




2,142 85 


■ 


733 28 




1,714 28 




3,128 5G 




1,083 42 




930 20 


-_ 


1,100 00 




1,700 00 




1.000 00 




226 00 




1,075 03 




398 50 




300 00 




596 62 




1,933 12 




4,875 00 




641 09 






63,167 01 



On what account received. 



Amount received into the Treasury from 

the sale of Seminary Lands, 
Amount received from the sales of the 

Gallatin Saline Lands, 
Amount paid into the Treasury by the 

School Fund Commissioners, 
Amount received for taxes, 

From this sum deduct the amount of Spe- 
cie Warrants paid at the Treasury up to 
the 1st. day of December, 1830. 

S 



Dolls. — cts. 
20,756 67 


Dolls. — cts. 


' 


2,546 04 




1,230 51 
158 49 


24,691 71 






17,754 52 



198 



REPORT. 



l.eaving a balance oPspecie in the Trea- 
sury on the 1st. December, 1830, of 
Amount of outstanding Specie Warrants, 
Leaving a balance in favor of the Treasu- 
ry on the 1st. December, 1830, of 



Dolls, — cts. 



Dolls, — cts. 



G,937 19 
95 31 



6,811 88 



NO. 3. 



A Statement of State Paper Receipts ami expenditures at the Treasury, 
from the '^Oth jYovember., 1828, to the first day of December,, 1830. 



On what account 7'eceived, 



Amount received into the Treasury, from 

Non Residents, " ' " ; 
Amount received into the Treasury, from 

the Ohio Saline, - - - 

Amount received from the sales of Yanda- 

lia Lots. 

Amount received into the Treasury from 

Sheriffs. - - - - - 
Amount received from A. Field, former 

Treasurer, and his securities. 
Amount remaining in the Treasury on the 

30th November, 1828, 

From this sum deduct the amount of audit- 
ed warrants paid at the Treasury, inter- 
est paid on State paper, and money re- 
fur.ded up to the 1st December, 1830. 

Leaving a balance of State Paper in the 
Treasur^/.on the ist. December, 1830, of 

NO. 4. 



Dolls, — cts.\ Dolls, — cts. 



70,237 67 
2,787 43 
2,866 67 
3,048 72 
5,500 06 
7,319 86 



91,760 41 



6G,293 28 



25,467 13 



Redemption Account, 



Amount of Redemption money remaining 
in the Treasury, on the 30th November, 
1828, - - - - . ^ 

Amount of Redemption money received 
from 30th November, 1828, to the 1st. 
December, 1830. 

From this sum d duct the amount of Re 
demption Money paid out during the 
same time, 



Dolls, — cts. 



1,918 19 
11,572 56 



13,490 75 
11,827 49 



REFORT, 



199 



Leaving a balance of Redemption Money 
in the Treasury on the 1st. December, 
1830, of . - - - - 



Dolls* — cts. 



|1,663 26 



7%e following are the sums due to the State, 

From non-resident Delinquents' List, now advertised for 

sale for the taxes, ---.-_ 
From A. Field, late Treasurer, . - . 

From the Ohio Saline, for rents &c. . - - 
From Sheriffs, on Judgments, . . . 



11,600 00 
12,516 03^ 

5,866 00 
805 00 



Auditor's Office, Illinois, 

VandaUa^ December 11 1830. 



E. C. BERRY, AudMor 



300 



-/i^ 



TRIlA.SUflER'S KEPORT. 



Treasurer's Office, > 
Vandalia^ December 11, 1830.^ 

SIR:— 

I have the honor to submit to the liegislature, the accom- 
panying report, of the transactions in this office, during the lai^t two 
vears, hy which it will appear, that a considerable addition to the 
receipts of the Treasury has been made within that time, and that 
ihe situation of the finances is such, that with prudent management 
the credit of the state may not only be sustained but placed in a; 
permanent and honorable condition. 

By referring to my last report, it will be seen that the receipts! 
into the Treasury, for non-resident taxes, within the two years pre- 
ceding the meeting of the last Legislature, were $59,172 28. The 
same item, in the report nov/ submitted, shews the amount of 
§70,237 67; making a difference of $11,065 39. The whole 
amount of this difierence, may not be caused by increase of revenue, 
but may be occasioned, to a small extent, by the payment of a por- 
tion of the taxes at an earlier date ihan usual. But it will justify 
the assertion, that the regular income of the state iias increased by 
one sixth, within the last two years. 

It will be seen, also, that the amount of State paper in the Treas- 
ury exceeds considerably the amount of warrants in circulation, and 
that all the claims upon the State, now existing, may be discharged 
on demand, with the exception of the sum due the School Fund. 

It is, however, important that the Legislature should be informed 
of the fact, that a speedy exercise of the legislative interposition is 
necessary, in order to sustain the credit of the State, at its present 
respectable standing, by providing means for the payment of the 
debts which are about to become due, as well as those which shal 
accrue in the ensuing two years. 

The amoimt borrowed from the School Fund was intended to 
have met all the demands upon the Treasury, accruing after the 
borrowing of that money, up to the close of the present year; but as 
a part of that fund has been withheld by the Trea>,ury Deparrment 
of the cieneral Government, contrary to the expectation of the Gen- 
eral Assembly, there will be a deficiency at the end of the present 
quarter. A balance of less than ,§1500 constitutes all the means 
whicli the disbur^ing officers of the State arc authorized by l-.jw to 
appropriate to the payment of the salaries of officers or contingent 



REPORT. 00 1 

■expenses, which will become due on the 31st of this month. The 
amount of warrants which will probably be issued at the close of the 
present quarter, may be stated at $3,000 without taking into view 
the expenses of the present Legislature. In order, therefore, to 
discharge the warrants as fast as they shall be issued, there will be 
required, besides a small amount towards the payment of officers' 
salaries, such further sum as may be needed, for the payment of the 
members and officers of your body. 

There will be required, to pay the salaries of officers, and to sup- 
port the contingent fund, for the next two years, about $25,000, 
with the addition of such sum, if any such, as may be added to the 
ordinary expenditures, by the creation of offices, or other new ap- 
propriation. 

To meet this, will be the revenue accruing from taxes, the rents 
of salines, and sales of Vandalia lots, which may be estimated at 
$75,000 00, and which, supposing the expenses of the present ses- 
sion, to amount to $15,000, will nearly double the probable de- 
mands upon the Treasury. If, then, all the income of the State was 
now paid into the Treasury in par money, we should command a 
surplus revenue of at least $30,000, in every two years, at the dis- 
posal of the Legislature, for the payment of their debt to the School 
Fund, or for other purposes. T > effect this de'sirable object, two 
points are necessary to be secured: 1st, The withdrawal of State 
paper from circulation: and 2d, The supply of a small sum to meet 
the immediate wants of the Treasury. 

The first of these objects may be effected, by giving the privilege 
to the holders of State paper of funding the same, and allowing 
them legal interest, payable aniiually, or semi-annually, until the 
principal shall be redeemed, reserving to the State the right to re- 
deem the whole or any part thereof, at pleasure. I am advised that 
several large holders of our money are willing to make such an ar- 
rangement; and it is thought that it would be generally acceptable, 
provided that the Legislalure shall pledge a certain fund, to be sa- 
credly applied to the payment ol' the interest, and the final extin- 
guishment of the loan. That fund may be found in the surplus 
revenue above alluded to, a part of which may be applied to the 
payment of the interest, and the .balance be annually expended in 
reducing the loan. 

To accomplish the second object, a loan of about forty thousand 
dollars would be required: which would be amply sufficient to meet 
all the d^^mands on the Treasury, for the next two years, including 
the last quarter of this year. This arrangement would leave the 
income of the next two vears totally unincumbered, and applicable 
to the pavment of the interest, n.nd the extinguishment of the prin- 
ci' al debt , alluded to in this and the preceding proposition: and it 
will be seen that any amount of state paper which might be paid 

S2 ^ 



202 REl»OIlT. 

into the Treasury for taxes, or into the State Bank, would as effect- 
ually reduce the debt of the State, as if paid in specie, and then 
applied in the redemption of State paper. 

The amount of State paper, with the interest which 
might be funded, may be stated at $120,000 00 

Specie loan proposed, 40,000 00 

$160,000 00 
Which may be discharged by the whole revenue of 1831 and 
1832, and a surplus of $15,000 in each succeeding year, in about 
eight years. 

AH which is respectfully submitted. 

JAMES HALL, Treasurer. 
The Hon. 

The Speaker of the Home of Representatives. 



Report of Receipts and Payments at the Treasury of the State of Illi- 
nois, from 1st December, 18"28, to 30^A JVovember, 1830, inclusive. 





RECEIPTS. 1 




PAYMENTS. 


1828 


December 


8,403 77 


1828 


December 11,914 62 


1829 


January 


16,849 99 


1829 


January 


14,418 12 


(( 


February 


71 95 


a 


February 


117 85 


a 


March 


166 90 


a 


March 


204 28 


a 


April 


215 75 


a 


April 


000 00 


a 


May 


388 08 


a 


May 


322 08 


a 


June 


1,603 00 


a 


June 


2,138 16 


a 


July 


6,737 95 


a 


July 


4,759 13 


a 


August 


6,454 97 


u 


x\ugust 


4,099 90 


(,i 


September 


1,814 55 


a 


September 


873 55 


a 


October 


2,427 46 


a 


October 


3,651 51 


u 


November 


1,762 72 


a 


November 


209 15 


«• 


December 
January 


5,301 39 


1830 


December 
January 


2,586 35 




52,198 48 


45,224 70 


1830 


10,146 27 


5,496 41 


a 


February 


386 47 


a 


February 


1,544 16 


a 


March 


655 96 


a 


March 


000 00 


ii 


^ pril 


259 72 


a 


April 


530 00 


ik 


May 


128 80 

1 


a 


May 


126 28 


.*; 


June 


3,064 39 t 


a 


June 


1,135 74 



1830 



a 



RKPORT. 



fvJjl Lit' 1 N. 



July 

A ugust 
September 
Odober 
Novembei 



Balance, 
Dollars 



5,168 07 
7,-r9 09 
3,092 53 
832 51 
1,327 26 



32,242 07 
52,19<S 48 



84,440 55 
7,319 86 



91,760 41 



203 



i'A'v'Mi^NTS. 



1830 



ii 



July 

August 

September 

October 

November 



Dollars 



970 68 

1,062 92 

270 00 

698 00 

2,5J»8 31 

14,432 50 
45,224 70 



59,657 20 



JAMES HALL, Treasurer. 



James Hall^ State Treasurer^ in account with the State of Illinois^ 



STATE PAPER. 

To balance in the Treasury this date, 

" amount of taxes paid into the Treasury 
from 30th Nov. 1828, to 30th Novem- 
ber, 1830, 

" cash received from Sheriffs within 
same dale, 

" cash received from Vandalia lots same 
date, 

" cash received from Salines same date, 
" late Treasurer, do. 



1828 




Nov. 


30. 


a 


a 


a 


a 


a 


a 


(( 


a 


(( 


a 


(( 


a 


i( 


a 


u 


a 


u 


a 



a a 



a 



7,319 86 


70,237 6t 


3,048 72 


2,866 6f 
2,787 43 
5,500 06 


$91,760 41 



SPECIE. 

To cash received 3 pe»- cent, fund, - - 1,230 51 
" from sale oi Seminary Lands, 20,'/ 56 67 
" sale of Land in Gallatin Saline, 2,546 04 
« for taxes, . , - 158 49 



U 4( 
ii u 



ii ii 



124,691 71 



204 

1828 

Nov. 30. 

(.1 (6 



REPORT. 

STATE PAPER. 

By amount of Auditor's warrants paid, 
'' « interest on old paper and money 
refunded, . - . - - 
« balance in the Treasury, State paper, 



€R. 

59,657 20 

6,636 08 
25,407 13 

$91,760 41 



SPECIE. 

By amount of warrants paid, 
•' balance in Treasury, specie, 



17,754 52 
6,937 19 

$24,691 71 



JAMES HALL, Treasurer. 



INDEX. 



A »AGC 

AGGRAVATED ASSAULTS— How punished, - - - - - 110 

ALTERING MARK —How punished, ..---- Ill 

APPEAL — One of several defendants may appeal, _ . - ^ 118 

APPLK CRKEK— In Greene county, to be examined, - - . 128 

APPORTION VIENT— Of members of Legislature, ... - 5 

APPROPRIATIONS— 

For the years 1831 and 1832, - - - 9 

Contingent fund, . - - _ ib. 

To members and officers of Assembly for their pay, ib. 

How the same shall be paid, - - - ib. 

To C. Jones, for Samuel Anderson, Scoby Stewart, 
Gershom Flag?, James Black. Benjamin Parker, 
John Linn, Robert Blaekwell, Daniel Rawson, 
Sheriff of Fayette, John D. Gonn, Wm. L. D. 
Ewing, William M'Connell, John Enochs, John 
Y. Sawyer, Isaac Walters, James Hall, Secreta- 
ry of Senate and Clerk of House, Blaekwell and 
Stapp, Thomas Houghan, Jos. Conway, Black- 
well Sc Stapp, John Delaplaine, S. Bond, Ger- 
shom Jayne, Wm. P. McKee, Samuel C. Dun- 
ham, William Nichols, Judge of 5th Circuit, E. 
Capps, John Stevens, Thos. C.Kirkman, John 
Enochs, R. K. McLaughlin, James Jones and D. 
L. W Jones, . - . .. 

To cashiers of Branch Banks, - - . 

To E. Capps, - - - - _ 

To counties on the Military tract, 
To Charles Dunn, R. J. Hamilton, and M. Mobley, 
To James Caldwell, . - - . 

To Secretary of State, - - _ _ 

Partial appropriation to members. 
For the completion of Penitentiary, 
To Abner Eads, - - - - _ 

To George M. Beckwith, . . - 

To Orlin Gilbert, . - - . 

To James Barnes, .... 

To William Rowan, . - - . 

APPROPRIATIONS TO COUNTIES,— 

To Franklin, Jackson, Pope, Gallatin, and Monroe, 

counties, severally, - - - 

To Union, P.;mflolph, St. Clair, Vermilion, Greene, 

Edgar, Crawford, Pope, and Madison, severally, 
To Hamilton, Jefferson, Marion, Cla) , CHnton, 
White, Wayne, Edwards, Wabash, Perry, and 
Shelby, severally, .... 
To Coles county, - - - - . 

How j^id to certain counties, - . - 
ARMS— To be furnished Independent Companies, 
ARSON— How punished, - 



206 INDEX 

ASSAULTS, AGGRAVATED,— How punished, - - - 110 

ATTORNEY GENERAL— When elected and term of service, - 18 

AUCnOH^EERS— To take out license, . . . . 89 
AUDITORS, TO SETTLE ACCOUNTS OF LATE CASHIER, 

Their pay, _---.- 12 

Any two may act, _ . - _ - 19 
An act re^ulaling their duties, - . - . 178, 180 
AUDITOR OF PUBLIC ACCOUNTS— 

When to be elected, how qualified, to give bond, 17 

To sign warrants, tax receipts, &c. - - ib. 

Laws respecting auditor to apply to future auditors ib. 
To countersign receipts for monies paid into State 

Bank. ----- . 19 

Duty in relation to loan, - - - 93 

To issue to Abner Eads and others, - - 136 

To furnish certain lists to county clerks, - 126 

Certain books to be delivered to him, - - 180 

To assist in burning state paper, - - ib. 

B 

BANK DEBTORS— An act for their relief, - - - - 182 
BANK— See "STATE BANK, CASHIERS, STATE TREASURER." 
BEAVER CREEK— 

John Kain, to build bridge, - - - 24 

In Gallatin county, bridge to be built, 30 

MECK'S CREE:— Bridge to be built, 26 

BEEMAN, S. T— 

To build Mill on College land, . . - 97 

Pre-emption granted him, - - - . ib 

Pre-emption limited, - - - - - 9S 

BIG VERMILION— Declared navigable, _ - . - 127 

BLOOMINGTON— Established, ------ 59 

BOAZE'3 CREEK— Brid-e to be built, 25 

BON PASS CREEK— Declared navigable, - - - - 127 

BOUNDARIES — Chaiia;ing them not to affect the office of Jastice or> oo 

Conotab?e, \ ^^ 

BOUNDARY LINE— The northern line of the State, 101 

BRAUGHTON, J.— To build bridge, 36 

BRIDGES— Appropriation to build bridges in Calhoun, - - 19 

" to build bridges in Jackson, - - 20 

Corn's, appointed to solicit subscriptions for bridge over) ^, 

Kinkade's creek, S 

Corn's. ap))ointed to solicit subscriptions for bridge over) ., 

Cedar creek, > 

How they shall proceed, 21 

To be sworn; may sue for subscriptions, ib 

Samuel Wiggins may build toll bridge, 22 

Rates of toil and regulations, 'ib 

County court of Shelby county, authorised to lay tax, and) ^3 

build bridge, ) 

John Kain authorised to build toll bridges, 24 

Coal's, appointed to build bridge on. the road from Van-) gg 

dalia to Caiiylc, S 

Corn's, appointed to baild bridge on the road from Van-) ^.^ 

dalia to Springfield, > 

Corn's, appointed to build bridge over Boaze's creek, ib. 

Corn's appointed to build bridges over Beck's creek, and) ^5 

Hickory creek. 5 

Charles Slade, to build toll bridge. 27 

James Nabb to build toll bridge, 28 

i^amtiel Lapsly to buil^ toll bridge. 30 



IND£JC. gQiy 

BBIDGES~Con/mwerf. page. 

To keep ferry until bridge is completed, 30 

Isaiah L. Potts and J. Robinett, to build toll bridge, 31 

Persons authorised to build toll bridges, ib. 

May have time prolonged by county court, ib. 

County court may change site, 32 

Undertakers failing, others may build on same terms, ib. 

Rates of toll not to be changed, ib, 

Alexander Kirkpatrick, to build toll bridge, i6. 

John Crenshaw, to build toll bridge, 34 

Samuel Viusick, to build bridge, 35 

Jeremiah Braughtou to build bridge, 36 

Appropriation to build bridges in Warren, Knox, Jo Da-> «P 

vies, Pike, McDonough and Adams counties, \ 

Blake's bridge, made a toll bridge, 13S 

BURGLARY — How punished, - - - - - 111 

BURYIN . GROUND— Grants of land for, limited and confirmed, 73 

c. 

CALAMIC RIVER,— See Canal, - - - - - 43 

CANAL, — In St. Clair county, - . ^ _ - 44 
CANAL,— ILLINOIS AND MICHIGAN. 

Beard of commissioners constituted, - - 39 

To appoint a president, - - . - . i&. 

To keep records, . - - - - r ib. 

To appoint their own treasurer. - - - ift. 

Governor to fill vacancies in the board, . - - ift. 

One to be acting commissioner, _ - . ib. 

Bond of acting commissioner, - - - - ib. 

Oath, compensation, successor, substitute, - - 40 

Duties of acting commissioner. - - - - tfr. 

Compensation, clerk hire, , - _ - . 41 

Duties of Board, - - - - - ib. 

Their compensation, _ . - - ib. 

Lands, how sold, - - . - - 42 

Engineer, _ - - . . ib. 

Town of Ottowa, . _ . . _ .ib. 

Mouth of Fox river may bo improved, - - 43 

Building materials, seats of justice, - - >• ib. 

Dimensions of canal, - - - - ib. 

Calamic river, - - - - . ib. 

Rail Road, - . _ . . {^ 

CASHIERS OF BRANCH BANKS,— Their salaries, - , 12 

CEDAR CREEK,— Bridge to be built, ... 20 

CENTREVILLE,— Lots therein may be relinquished 66 

Duty of county court in relation thereto ib' 

CHANGE OF VENUE,— How effected, 48 

CHICAGO,— A seat of justice, 54 

CIRCUIT COURTS,— Circuits arranged, Judges assigned, 45 

Times of holding court, ib. 

Process, 47 

In Madison, Calhoun and Pike, when to be held) 48 

Mode of changing Venue, «ft. 

CLERK OF H. OF REPRESENTATIVES,— To certify members pay, 9 

His own pay, ib. 

CLERKS, — To reside at county seat, 49 

May appoint deputies, ib. 

Of county courts, their duties, 50 

Duty in regard to elections, 6 

Where to meet when several counties join, ib. 

When to meet, 8 

Clerk of Clinton, to keep his Office at Carlyle, 48 

CLERK HIRE,— Allowed Secretary of State, 12 



308 INDEX. 

CLERK HIRE— Continued. pagi3v 

Allowed to canal commissioners, - - • 41 

Allowed to ireasurer, - - - - H 

CLOCK PEDLARS,— To take out licenses, - - - - 89 

COLEb COUNTS,— EstabliMcd, ----- 59 

Seat of justice, ----- 60 

Election for county officers, - - _ 61 

Courts where to be held, - - - - ib. 

Attached to fourth judicial circuit, - - 88 

COMMISSIONER OF GALLATIJN SALINE LANDS— 

Appropriation to him, - - - - 12 

To notify county corn's, in certain counties of sales) jg 

of laud, ) 

COMMISSIONERS OF CANAL— 

How appointed, ----- 39 

, , Their duties, ----- t&. 

One to be acting commissioner, - - - ib. 

Duties of acting commissioner, - - - 40 

Compensation, clerk hire, - - - - ib.^ 

Duties of board, ----- ib, 

COMMISSIONERS OF COUN TIES,— See "COUNTY COURTS," 50,74,81 
CONGRESSIONAL DISTRICTS— Organised, 70 

CONSTABLES— 

To remain in office when district is ehanged, 88 

To serve process for Judges of probate, - - 192 

CONVICTS— 

To be confined in Penitentiary, - - - - 

Escapes, negligence of warden, rescue, - - - 

Assisting convicts to escape, - - - 

Estate of male convicts to be managed by trustees. 
May be punished for misconduct, - _ - 

May be made t» work on Penitentiary, - . - 

Punishments of certain offences, - - - - 

CORONER— 

Bond, how to be sued on, - - - - 

To serve until successor elected, - - - - 

CORPORATION — How towns may be incorporated, . - - 

COOK COUNT Y— 

Established, ------ 

Seat of Justice, _ - - - - 

Certain duties assigned county court, 
COUNTERFEITING— How punished, - - - - - 

counties- 
How represented in the General Assembly, 

When several are joined, _ ^ - - 

Jasper county established, - . - - 

Effingham county established, » _ - - 

Rock island county established, . _ _ - 

Cook county established, - - - - - 

La Salle county established, _ _ - - 
Putnam county established, 

Elections for county officers m Cook, Putnam and La Salle, 
Seats of justice in Cook, Putnam and La Salic, 

Ferries in said counties, - - . - - 

Places of holding courts, - - - - - 
McLean county established, - - 
Commissioners appointed to locate seat of justice, 

Election for county officers, - . - - 

Where courts shai) be held, . _ - - 

Coles coufty est;ibii«hcd, - - - - - 

Comuiissioneri? t-i fix pf.it of justice, . - - 

lUectioDs for couuty officers, -^ - - - 



INDEX. 2Qg 

QOUNTIES— Continued. pagf. 

Where courts shall be held, - - - . C[ 

County seat of McDonough county, - - - 02 

County seat of Knox county, - . _ _ jh. 

Boundaries of Knox county, - - - _ ,'b. 

Boundaries of Henry county, - - - . g;^ 

County seat of Hancock, - - - - . Jh; 

County seat of Wabash, - - - - . 65 

County seat of Monroe, established, . . . g^ 

Waterloo established as a seat of justice, - - - ib. 

County seat of Washington removed, r - - ib. 

Nashville to be county seat, - - - - ib. 

County seat for Warren county established, - - 67 

Mercer county attached to Warren, - - - Ofi 

County seat of Tazewell established, - - - 69 

Records to be transferred from Mackinaw, - - ib. 

County officers to retain their offices, - • - ib 
COUNTY COURTS— 

To arrange justices districts, - - - 50 

Vacancies therein to be filled by special election, 74 

May appoint additional judges and clerks of olection, 75 

Of Montgomery, to pay surveying Hillsborough, 81 

COURTS, SUPREME— May remove clerk, - - - - 127 
COURTS, CIRCUIT— 

Circuits arranged, Judges assigned, " - 45 

Times of holding courts, - - - ib. 

Process, - - - - » ^ 47 

In Madison, Calhoun and Pike, when to be held, 48 

Mode of changing venue, . - - ib, 

COURT OF PROBATE— Jurisdiction extended, - - - 191 

Sheriffs and constables to serve process, - 192 
COURT, COUNTY COMMISSIONERS— 

To arrange justices districts, ----- SO 

Vacancies therein how filled, _ - - . . 74 

Elections, duties in regard to, ----- 75 

CRENSHAW, JOHN— To build bridge and mill dai», - - 34 

CROOKED CREEK— Bridge to be built, - - - _ 37 

D. 

DISTRIBUTION— Of members of Legislature, - - - . 5 

DISTRICTS — Representative and senatorial arranged, - - 7 

Congressional, organized, ----- 70 

Of the circuit courts, ----- 45 

DIVORCES, — Certain persons divorced, - - - - 71 

Same subject continued, ----- 72 

DIVINE WORSHIP,— See "MEETING HOUSE," - - - 73 

E. 

BADS, A BNER, AND OTHERS— An act for their benefit, - - IS^ 
EDUJATION— 

Grants for this purpose limited and confirmed, - 73 

How deeds shall be made, - - - - ib. 

Trespass on property so pranted, how punished, - ib. 

Grants perverted or abandoned to vest in county, - ib, 

EFFINGHAM COUNTY— Established, - - - - 51 
ELECTIONS— 

Duties of county clerks, _ . - - . ^ 

Special, iu iVIadison, - - - - - 74 

Vacancies in county court, how filled, - - - ib. 

Additional judges and clerk? may be appointed, - - 75 

EMBARRAS RIVER— Bridge to be built, - - - - 28 

Declared navigable, - - - - 128 

EMBEZZLING RECORDS— How punished^ - - - - III 

T 



J 10 INDEX. 

PAGfc. 

ESCAPES— From Penitentiary, - . , > 106 

Aiding convict to escape, - - . - 107 

ESTATE OF MALE CONVICTS— To be managed by trustees, - ib 

ESTRAYS— An act relative thereto, - - - 190 

F. 

FOX RIVER— May be improved, - - - - 43 
FERRIES— 

At the county seats of Co«k, La Salle, and Putnam, - B6 

Trustees of township 16 S. 7 E. may keep ferry, . 76 

Regulation* for said ferry, - - - ib 

Rates of toll at Wiggins' Ferry, ... 78 

Maybe revoked under certain circumstances, - ib 

Across Sa line by David Potte, - - - 78 

Across Kaskaskia river, - - - - 79 

FORGERY— How punished, - - - ,- 112 

FIRE COMPANY — May be established in Sbawneetown, - 177 

Or in other incorporated towns, ^ - ib 

FRANKFORT — An act relative to the town lots and streets, - 80 

FUNDING — State paper may be funded, - ~ - 181 

G 

GOVERNOR— ^To appoint canal commissioners, - - 29 
GUARDIANS— 

Shall educate their wards, - , . 100 

May loan out the money of their wards, . - ib. 

H 

HANCOCK COUNTY — Com'rs. to locate seat of justice, - - 65 

HENRY COUNTY— Boundaries thereof, ... 63 

HENDERSON — Town so called, established, . . . CSt 

HENDERSONS RIVER— Bridge to be built, ... 37 

HICKORY CREEK— Bridge to be built, . - - 26 
HILLSBORO'— 

Certain streets therein changed, - - - 80 

County surveyor to make surveys, - ^ 81 

HURRIC AN FORK,— Bridges to be built, - - - 25 

IDIOTS— 

Not to be dealt with, - - - - 81 

Trading with them deemed swindling, - - - ib. 

INDEPENDENT MILITIA COMPANIES— How they may get anne, 94 

ILLINOIS RIVER— Bridge to be built, 30 

ILLINOIS AND MICHIGAN CANAL, - - - . 39 

IMPROVEMENTS ON PUBLIC LANDS — Contracts for them ralid, 82 
INCORPORATION OF TOWNS— 

How towns may become incorporated, - - 83 
Trustees, how organised, - - » - 84 

Powers of trustees, ----»• ib. 

Duties and term of service of Trustees, - - 85 

Moneys and accounts of towns, - • • ib* 

Corporation may he dissolved, - - - 86 

Inhabitants not to work on roads, - • ib. 

Corporation dissolved, county to have fands, §7 

INSANE PERSONS— Not to be traded with, - . - 81 
INSPECTORS OF PENITENTIARY— 

Their powers, - - - - • 105 

To keep records of their proceedings, - - 1P6 

JASPER COUNTY— EstabUshed, - - - - 61 

County seat thereof established, - - ib. 

JURY — To define punishment for penitentiary offences, - - 113 

JUSTICES OF THE PEACE AND CONSTABLES^ 

To remain in office when bQUudaries are changed)* - 88 



INDEX. 6) 1 I 

K 

PAGE. 

KAIN, JOHN— To build bridges, - - - - 24 

KASKASKIA RIVER, AT CARLYLE— Brida:e to be built, - 27 

KASKASKIA RIVER— Ferry across at Kaskaskia, - - 79 

KIDNAPPING— How punished, .... uO 

KINKADE CREEK— Bridge to be built, - - - 20 

KIRKPATRICK, ALEXANDER— To build bridge, . ♦. 32 

L 

LAPSLEY, SAMUEL— To build bridge, ... 30 

LA SALLE COUNTY— Established, .... 54 

Seat of justice thereof at Ottawa; - ib. 
LANDLORDS AND TENANTS— 

How landlords may distress for rent, - - 88 

When premises are abandoned, - - - ih. 

LARCENY— How punished, . . - , 111 

LEGISLATURE— Row apportioned, ... 5 

LICENCES— 

Merchants, auctioneers, pedlars, to obtain license. 89 

Clock pedlars, - . . . , 90 

Clerk may grant in vacation, - - - ib. 

'• Court may confirm clerk's permit, - - • 91 

Penalty for breach of this act, - - - ib. 

Certain acts repealed, - - . ^ Og. 
LOANS— 

Governor authorised to borrow $100,000, - - 92 

Certificates of stock, - - - - ib. 

Stock transferrable, - , . . 93 

Auditor's and Treasurer's duties, - - - ir 

Revenue pledged to pay interest, - » . • ib. 

Certain conditions specified, - - -> - ib, 
LUNATICS— 

Not to be dealt with, .... 81 

Trading with them deemed swindling, - - ib. 

M 

MACOUPIN CREEK— To be explored, - -. - 128 

MACOMB — Town so called, established, - - - 62 

MADISON COUNTY— Special election therein, ... 74 

MANSLAUGHTER— How panished, - - - - 112 

MATRIMONY— Bonds thereof dissolved in sundry cases, . - 70 

MAY HEM—How punished, - - - - - llO 

McDONOUGH COUNTY— County seat established, - - 62 

McLEAN COUNTY— Established, ... - 57 

County seat thereof, - . • 58 

Election for county ofiicers, - - ib. 

Courts, where held,^ ... ib. 

McCRANY'S CREEK— Bridge to be built, ... 37 

MEETING HOUSES — Grants for that purpose limited and confirmed, 73 

MEMBERS or THE LEGISLATURE— 

How apportioned, .... 5 

Their compensation, • . . . 9 

Partial appropriation to,. . _ - ^ 16 

MERCHANTS— To take out licences, , - - - 89 

MERCER COUNTY— Attached to Warran until organised, - 68 

MILITARY TRACT— Appropriation in lieu of land tax, - - 12 

MILITIA— 

Volunteers to be armed by State, . - i, 94 

Partsof militia law repealed, - - - 95 

. .-s; Notices of company musters, - - - 96 

Fines, .----- ib- 

Regimental musters, .... ib. 

CoDsciencious persons excused, ^ - . ib. 



312 INDEX. 



MILLS AND MILL DAiVIS— page. 

S. T. Beejnau to erect a mill on college laud, - 97 

To have right of pre-emption on certain conditious, ib. 

Right of pre-emption limited, - - 98 

E. W. Jones to build mill dam across Little Wabash, ib. 

To make lock therein, _ - - - 99 

Duty of county court relative thereto, - - ib. 

County court of Sangamon county may authorise the) -. 
building of certain mill dams, ^ 
.\UNOilS— 

Guardians shall educate their wards, , - - 100 

May^ loan out the money of their wards, " - - ib. 

May sue by next friend, - - - - 114 

MONROE County— Seat of justice fixed at Waterloo, - - 66 

MOUiNT CARMEL— An act relative thereto, - . - 87 

MUSIC, SAMUEL— To build bridge, - - -' - 36 

N 

NABB,JAMES~To build bridge, .... 28 

NASHVILLE — Circuit court to be held there, . . . 66 

NEGROES— 

Not to reside in this State without giving bond, - 101 

Penalty for bringing nejroes iuto the State, - - ib. 

NORTHERN BOUNDARY^ 

Governor to appoint commissioners to run line, - 101 

His duties and compensation, - - - ib. 

Part of former law repealed, * . - 116 

NOTARIES— May administer oaths, - - - ^ 102 

o 

OATHS — Notaries may administer oaths, - - - 102 
OFFICIAL BONDS^ 

Auditor of public accounts, r - 17 

Acting canal conimissioner, » - 39 

Sheriffs may be sued without leave, - - 177 

State Treasarers increased, - - 187 

OTTAWA— Town of, ----- 42 

Shall be a seat of justice, - - . - 54 

Public buildings to be on public square, - - 56 

OTTER CREEK— To be examined, - - ... 128 

P. 
PEDLARS— 

To take out license, - - - - 89 

Particularly clock pedlars, - - - 90 

PEKIN — To be temporary seat of justice, - - , 69 
PENITENTIARY-^ 

Convicts to be confined therein, - . 103 

Warden, how elected, his duties, bond, &c. - 1G4 

Warden may appoint assistants, - - 105 

Inspectors of penitentiary, how appointed, - ib 

Their duties, - - - - ib 

Inspectors to keep records, - - , 106 

Auditor to draw in favor of warden, - - ib 

Escapes, rescue, negligence of officers, - - ib 

Aiding convicts to escape, , . , 107 

All business to be in name of warden, - - ib 

Estate of malo convicts to be managed by trusteea, ib 

Inspectors to apply appropriations, - - 108 

Convicts may be punished for misconduct^ - ib 

Warden and agents may suppress mutiny, -« ib 

Warden and other officers to reside at penitentiary, ib 

Governor may make convicts work on penitentiary. 109 

Puties of sheriff and county court, • '- I'b 



INDEX. 2 IS 

PENITENTIAKY— Co»ihwMe(/. page. 

Warden's pay, - . ,. - 109 

Appropriations for completing penitentiary, - ib 

When this act shall take effect, - - 110 

Manslaughter, poisoning, mayhem, rape, sodomy,) .. 

aggravated assaults, kidnapping, ) *" 

Arson, burglary, robbery, larceny, altering marks,) .. 

embezzling records, ^ *^ 

Forgery, counteifeiting, perjury and subornation,^ ., 

Jury to fix nature, and term of punishment, - 113 

This act not to have a retrospective effect, - ib 

Persons under 18, not to be confined in penitentiary, ib 

PERJURY— How punished, . - - - 112 

POTTS & ROBINNET— To build bridge, - . . 31 

POTTS, DAVID— To keep ferry across Saline creek, - - 78 

POISONING— How punished, - - - _ 100 

POWELL, JOHN AND OTHERS— An act for their relief, - 1 17 
PRACTICE— 

One of several defendants may appeal, - - 113 

Minors may sue by next frtend, - - » 114 

PROCESS — Process heretofore made, when returnable, - - 47 

PUNISHMENTS— For criminal offences, - - - HO 

PUTNAM COUNTY— Established, - - . - 54 

Commissioners to select seat of justice, - 55 

Elections for county officers, - • ib 

Ferries in said county, - - 56 

PUBLIC RECORDS— 

To be delivered over by persons resigning, or remo-) . ^ 

ved from office, or by executor, 3 

Fine for refusal to deliver over, - - 115 

Judge may order seizure, - - - ib 

How judges order shall be executed, - - ib 

J udge may issue citation in favor of aggrieved party, 1 16 

R. 

RAIL ROAD— 

In St. Clair county, - - - _ 44 

On Illinois and Michigan canal route, - - 43 

RAPE— How Dunished, . .- - . . HOT 

RATCLIFF, JAMES— An act for his relief, - - - 121 

RECORDER OF CLINTON COUNTY— to keep his office at Carlyle, 48 

REDMOND, THOMAS— An act for his relief, - - - 119 
RELIEF— 

John Powell and others, relieved, - . , 117 

L. Marshall's administrators and heirs, - - 118 

B. Henderson, - - - - - 119 

Thomas Redmond, - - - - ib 

James Turney, - - - - . 120 

Purchasers of lots in Equality, - . - . 121 

James Ratcliffe, - - - - - ib 

Representatives of John M'CIure, - - - 122 

Hugh M. Weed, ----- 123 

M. J.M'Corkle, ----- 134 

RESCUE — Rescuing convicts, how punished, - - - 106 

REPORTS OF SUiPREME COURT— To be subscribed for, - 189 

REVENUE— 

Pledged to pay interest of loan, - - - 93 

County clerks to examine auditor's list, - - 125 

Third rate of land abolished, - - - ib 

Printers allowance for advertising, - - - ib 

Land owners failing to list lands, - ' r -, ' ^^ 

Lands sold by state subject to taxation from time of sale, i^R 

; /r± 



^14 INDEX. 

liF.VErVE^Contmued. jA&fi. 

Audiior o furnish county clerks with lists, - - ib 

County orders not to bear interest, - - - ib 

ROBBj RY— How pu.isbed, . - - - 111 

HOCK ISLAND COUNTY— 

Established, ... 52 

Attached to Jo Daviess, temporarily, - 63 

Terms of circuit to be fixed by judge, - ib 

County seat, <- "- ' 52 
ROADS— 

<;!omm'r3 appointed to re-locate road from Wakefield's to Dunham's 26 

Their compensation, to make report, - - - ib 

Between Vandalia and Paris, ^ _ * w 128 

From Mount Carmel to Maysville, -^ . - 129 

French creek bridge to Mount Carmel, - > - 130 

Hillsborough to Suelbyville, - . > - 131 

bpringfield toPari', - - - . - 132 

Mount Carme] to F'airficld, - - - - 133 

Fairfield to Balem. - . . _ - ib 

Salem to Vamialia, - - - > * 134 

Road froiu Ford's ferry to Mount Vernon to be state road, ib 

Road from Golconda to Salem to be state road, - - ib 

iload to Shelbyville, - - - . it> 

iload between Equality and M'Leansborough, - - 13& 

Jin act for the benefit of Abner Eads and others, - - 135 

Road from county scat of Peoria, to (hat of Vermilion, - 136 

iload from west bank of the WiibashoppodteVincennes, to Chicago, 137 

Road from Lawrenceville to Shelbyville, - - 139 

Public roads in Morgan county, - - - 140 

Road from America to Vandalia, ... 141 

Certain road commissioners compensated, ' - - 142 

Road from Shelbyville to Paris, - - - ib 

Road from Springfield to Rock Island, - - - 144 

Road from Vandalia to Kaskaskia, - * , 145 

[load from Carmi to the Wabash, in Crawford, - - 146 

Road from Greenville to Shelbyville, - - - 148 

Part-of St. Louis and Viiicennes road re-located, 

Roatl from Pekin to Vermilion county, - - - 



An act to change certain roads in Sangamon, 
Vandalia to Carrolton, thence to Atlas, 
From Cumberland road to Kaskaskia, 
From Nashville to Gill's ferry, 
From Lively's ferry to Kirkpatrick's br 



150 
ib 
152 
153 
155 
ib 
rry to Kirkpatrick's bridge, - - ib 

From Tatman's ferry to Belleville, - - - 156 

From Belleville to Gorden's, . . . . fj, 

From Alton to Galena, - - - , 157 

Ihrse days labor required per year , - - • 158 

Supervisor to give notice, - - * - 159 

E^itra labor, - - > - • ib 

Money may be paid for labor, - - - ib 

Substitutes, - » - - - 160 

Neglect Or refusal to work, - - - - ib 

Misconduct of laborers, « - - . ib 

L-.ijiii5 out new roads, - - - - 160 

Asseei*^ p»it of<lamage8, - ' • - 161 

Drains tfirough private land, --.<•- ib 

Supervisor to account with caunty court, - - ib 

Viewing and laying out new roads, •• «• - ib 

S 

Miiddy eaJJne laa v be lertsed to C. Will, - - i62 



INDEX. gj5 

^ALIJfEB — Continued. page, 

SuperiDteudant of Gallatin saline, may permit persons to en-) ,«« 

ter vacant lots, ^ ^^ 

Pers-ous discovering salt water to have certain privilege?, ib 

Lessees who discover water, •• - - ib 

Proceedings at expiration of leases, - - j. 163 

Leasp may be extended, - - - - ib 

Prese.it wells prof ected, • - - - ib 

J. Pearce's privile^'es extended to other persons, - ib 

Commissioners of saline land sales, to make sales, - 164 

Persons may enter tracts at private sale, - «. 16^ 

Commissjoners appointed to select saline lands, - ib 

Salary of saline land commissioner, ▼ - - ib 

Leonard White appointed commissioner in place of J. McLean, 167 

Commissioner for sale of saline land to give further security, ib 

Provision for further sales of saline lands, - - ib 

All sales subject to present incumbrances, «. - 168 

Commissioners appointed to select saline lands, - ib 

Their duties, - - »- ». - ib 

Improvements on saline lands, . _ - 169 

Salary of superintendant, - - ^ - 165 

J. W. Vance to occupy Vermilion saline, - - 164 
SALINE CREEK— 

David Potts to keep ferry across, -r - 78 

Bridge to be built by A. Kirkpatrick, - - 32 

Bridge to be built by John Crenshaw, - ' 34 

Bridge to be built by John Braughton, - - 36 

SALT CREEK— S. Music to build bridge, , - - 35 
SECRETARY OF STATE— 

Allowance for clerk hire, - - - 12 

Shall keep the seal, and liv« at seat of government, 169 

His duties, ----- ib. 

To keep public records, - r - 170 

To stiperintend printing, - - - ib. 

To distribute laws, - - ^ » lb. 

To furnish copies of records, - * i» ib. 

To countersign commissions, - • - ib. 

tiCHOOL HOUSES— Grants for, limited and confirmed, - * 73 

SCHOOL LANDS— Certain acts repealed , - - ^ 173 

County court to appoint commissioner, ^ ib. 

Inhabitants to petition for sale of lands, p ib. 

County court to appoint trustees, - - ifo. 

Lands to be valued, - - - ib. 

Maps to be made, . - - - 174 

Com'r. to keep book, - , ., ib. 

How sales shall be conducted, - « ib. 

Leases to be respected, - - - ib. 

Claimant under lease to give notice, - ' i^p 

Money to be loaned on interest, - - 175 

School commissioner resigning, or being sucpeedod,) .. 

, ' to give up papers, ) 

j^V Ex'rs. of deceased com'r. to give up papers, - ib. 

How monay to be loaped, . - - 176 

School houses, . - - . ib, 

SEMINARY LANDS— 

In cas3 Congress shall exchange colleg© townahip, vs^hat J ^^^ 

proceedings to be had, > 

Governor to appoint corn's, to select lands, - - ib. 

Auditor's duty, - • ~ - ib. 

Improvements, ------ 172 

Sales, - - * - - " ib. 

Minimum price, •- ■» - -- ^^^ 



216 WDEX. . 

PA6£. 

SENATORS— How classed, ---,,'- 8 
SHERIFFS— 

To guard convicts to Penitentiary, - - - 109 

How bond may be sued, - .- - •• 177 

SHAWNEETOWN — Trustees may organise fire company, - ib. 

SHELBY COUNTY— County court may levy tax to build bridge, 23 

SHOAL CREE— J. Kain to build bridge, - • - 24 

SLA DE, CHARLES— To build briige, ... 27 

SPOON RIVER— Bridi^e to be built, ^ ... 37 

SODOMY— How punished, - . - - - 110 
STATE BANK— 

Salaries of branch cashiers, - - - 12 

Duplicate recei ts to be given by Treasurer, - 19 

Accounts of J. M. Dunean, - - - ib. 

Auditors to settle accounts of late cashier, - 178 

Their powers, - - - - ib. 

Duty of late cashier, sureties not released, - 179 

Auditors to re t-^iu books, ... 180 

To deliver books to Auditor of ,jublic accounts, - ib. 

Money to be burned, Feb. 12, 1832, - - ib. 

And at the end of each quarter, . - ib. 

State paper may be funded, - - . 181 

How funded, stock transferred, &c, - - ib. 

Relief to bank debtors, - - - 182 

Duties of cashiers, .... 183 

State Treasurer's duty, ... 184 

States attornies' duties, - - - ib. 

Salaries of cashiers, - - - - ib. 

Expiration of office of cashiers, - - ib. 

Discount allowed debtors for prompt payment, - ib. 

Banking house in Brownsville to be sold, - - 185 

Allowance to J.Forrester, - - - ib. 

Allowance to Wm. L. May, - - - ib. 
feTCATE TREASURER— 

To countersign warrants, - - . . 18 

To give duplicate receipts for monies paid into State bank, 19 

Duty in relation to loan, - - , _ 93 

To post bank books, - - . - 184 

Bond increased, - - - - . 186 

To be approved by Governor and Judges, - - 187 
-SUPREME CO^RT— 

May remove clerk, - - - 187 

Chief Justice to perform certain duties - J 88 

Reports to be subscribed for, - - ib. 

SUBORNATION OF PERJURY— How punished, - - 110 

SUPERVISOR OF ROADS— See "ROADS," - - - 159 

SURVEYOR OF MONTGOMERY— His duty, - - 81 

T 

TAZEWELL COUNTY— 

Commissioners to locate seat of justice, - - 69 

Courts to be held, pro few., at Pejcin, - - ib 

Records to be removed from Mackinaw, - ib 
County officers heretofore appointed, to hold their offices 

at their option, - - - - ib 

TOWNS — May be incorporated, - - - - 82 

Town meetings to be held, - . * - 83 

Trustees how organized, - . - . 84 

Trustees' powers, duties and term of servicfe, - 87 

May impose fines, - - - .. 86 

Corporation may be dissolved, ' . - - ib 

Inbabitante not to work on roads, - -^ * 87 



INDEX. 017 

TOWNS— ConftriMtfrf. p^ge. 

If corporation dissolved, funds to go t« county, -^ - ilk 

TOWN OF MOUNT CARMEL-An act relative thereto, -' 87 
TREASURER, See "STATE TREASURER, 
TREASURER, CANAL COMMIS-ISSiONERS— 

To be appointed by the board, - 33 

V 

VERMILION SALINE— 

Part ef the act for the sale thereof repealed, - 16 

VENUE— Mode of changing, - - - - ' - 48 

VOLUNTEER MILITIA— How they may get arms, - -. 94 

w 

WABASH RIVER— Improvementt of navigation, - ^ - I* 

W A ii ASH COUNTY~An act relaive to seat of justice, - - 65" 

WARRANTS— To be countersigned by State Treasurer, * « 18 
WARREN COUNTY— 

Commissioners to locate seat of justice, - 67 

IVIercer attached to, until organized, - - 68 

WARDEN OF PENITENTIARY, See "PENITENTIARY," - 103 

WARDS— To be educated by guardians, - - * 100 

WASHINGTON COUNTY— 

Seat of justice removed, . - 66 

Courts to be held at Nashville, - -. ib 

WATERLOO— To be the permanent seat of justice of Monroe, ^ 66 

WATER CRAFT, ESTR AYS, &G. • - -" - 190 

WILLS— 

Jurisdictionof Judges of Probate extended, - - 191 

Widows' relinquishment, - . . » 192 

Suits against executors and administrators, - - 193 
WIGGINS, SAMUEL— 

Authorized to build bridge, - ■• 22 

His ferry rates established, - •»• 78 

WRITS — And other process hejetofore made, whpn returnable, - v 47 



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